You are on page 1of 432

REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

November 5, 2012 (Monday) on how to enforce our rights when these are PERO, ubang legal experts, dili 100% in
violated. agreement with SC. Matud pa na even naa
GENERAL PRINCIPLES Now, what are sources of remedial provisions a Cosntitution na tanan rules
law, adjective law? Main source sa remedial law, regarding pleadings, practice and procedure,
Bar Question: Distinguish Remedial Law from rules of court, we have BP 129, another, special exclusive nah sa SC. Pero there are still instances
Substantive Law. laws, example sa criminal law kanang VAWC, naa Congress enacted laws regarding practice and
may remedial alw diha na naghisgot na ang court procedures. Example given is the Speedy
A: Substantive law creates, defines and cases involving VAWC anha ra jud ihusay or file Trial Act. Kana is something to do with procedure
regulates right and duties concerning life liberty sa RTC. Remedial man nah. Then sa Drugs, RA in court. This act was enacted by the Congress.
or property, which when violated gives rise to a 9165, naa pud remedial law diha. Naay provision Mao nah basis sa ubang legal experts in saying
cause of action. Example, criminal law or rpc. regarding remedial law. Diha na balaod naghisgot dili jud totally exclusive sa SC ang pag-
That is an example of substantive law because it man na sa RA 9165, all violations of drug cases promulagte sa rules regarding pleadings, practice
creates, defines and regulates right and duties diha ra sa RTC. Kana BP 129 amo na siya gitawag and procedure.
concerning life liberty or property, which when na Judiciary Act. Naa diha sa BP 129 ang
violated gives rise to a cause of action. jurisdiction sa different courts, from Supreme What are the limitation regarding the
In contrast, remedial law prescribes the Court up to lowest court or first level court. BP power of the SC to promulgate rules
methods of enforcing those rights and obligations 129 as amended. regarding pleadings, practice and
created by substantive law, by providing a procedure.
procedure of system for obtaining redress for the The Supreme Court has the 1. The rules shall provide a simplified
evasion of rights and violations of duties and by constitutional power to promulgate rules and inexpensive procedure for the
prescribing rules as to how suits are filed, tried regarding pleadings, practice and speedy disposition of cases.
and decided by the courts. procedures. Regarding the enforcement of our 2. The rules shall be uniform in all
rights, it is the SC that has the power to courts of the same grade.
In short, substantive law tells us what are promulgate rules regarding in the enforcement of 3. The rules shall not diminish, increase
our rights, our duties. And if violated, remedial these rights, regarding pleadings, practice and or modify substantive rights. (Naa ni
law or procedural law tells us the methods on procedures. We have learned Writ of Amparo. sa Constitution Article 7 or 8)
how to enforce our rights. For example, sa Kinsa man nag promulgate regarding rule son The power of the SC to promulgate rules
substantive law, Family Code, sa FC, we learned Writ of Amparo? It is the Supreme Court. Write of regarding pleadings, practice and procedure,
that husband and wife have obligations to each Habeas Data. Kani sila all about enforcement to comes with it the power to suspend procedures.
other for support. Also parents has obligation to of our rights. Right to life, liberty and property. In other words, there are instance, that the SC wil
support their children. For example ang imo bana The Supreme Court has the constitutional power suspend the Rules of Procedure. Example, ato
sakto trabaho, nya ikaw asawa maskiton, so to promulgate rules regarding pleadings, practice nahibaw-an sa Rules of Court na ang period to
istambay lang ka balay. Advised by doctor to stay and procedures. It includes protection of appeal sa civil cases is 15 days. But if you look at
at home. Imo bana nanarabaho, pero problem constitutional rights. In fact dunay ruling ani ang jurisprudence, there are instances that the SC
kay imo bana wa nay hatagay nimo sustento. SC. In the case of Echegaray vs. DOJ Secretary, allowed appeal even if the notice of appeal is
Unsay buhaton nimo? You notice that you’re right January 19, 1999, the SC said that Congress has filed beyond the 15-day period, reason of SC is in
to support is violated. Asa man ka ana na no power to repeal, alter or supplement rules the interest of justice. Another naa sa Rule sof
balaora? Na ang imo bana naay katungod for concerning pleadings, practice and procedures as Court na a party can file only one motion for
support? Sa Family Code. So unsaon pag-enforce such power given to it by the 1935 and 1973 reconsideration, pero didto sa SC pwede kaduha.
you look at the Remedial Law, you look for the Constitution has been taken away from it by But you have permission from SC. Like 16 cities
Rules of Court. So, you will file a complaint 1987 Constitution. di ra kaduha ni-file ug motion for
against your husband for support. Asa man nah? reconsideration, think ka 3 or 4 na to. These are
Civil Procedure. Remedial Law. So mao na ang view sa SC nga as far as the instances where the SC may suspend the
promulgation of rules regarding pleadings, rules, according to the SC. Pero, general rule, in
So, ang substantive law defines our right, practice and procedure, matud pa sa SC that it is compliance with the provisions of the rules of
tells us our rights and obligations, duties, while the exclusive power of SC, and the Congress has court is the rule. Non-compliance or suspension
remedial law tells us the procedure, the methods no power to repel, alter, or supplement rules of the rules is the exception. So, compliance with
concerning pleadings, practice and procedure. the procedural rules is the general rule.
Page | 1
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Abandonment thereof can only be done in the justce kinsay daog, basta lang. We have Appellate court, district court and circuit court.
most exceptional cases. If what nah exceptional no courts of no record karon. All courts in Ang jurisdiction sa Shara Court reagarding
cases, SC ra pud nah nakahbaw. So, there are the Philippines from lowest to highest re property and family realatiosn among Muslims.
instances that procedural rules shall be required to record all the proceedings.
suspended or sacrificed in favor of substantial What about court marshal, part of the
justice or in favor of substantive law. e. Constitutional Court and Statutory judiciary system? Mga members if the armed
Courts. Sa Constitution, duha ra ka forces if they committed crimes in the
Classification of Courts in the Philippines korte, SC and Sandiganbayan. Although performance of their judies. NO. It’s part of the
Sandiganbayan wa nah g-create sa executive. It is attached to the office of the
a. Our courts are classified into Courts Constitution but gi-mandate ra sa president being the commander in chief of the
of General Jurisdiction and Courts of Constitution. Because in reality armed forces of the Philippines.
Limited Jurisdiction. Sandiganbayan was created by a law, not
by Constitution. So, Sandiganbayan could What about sa labor? Labor arbiter? Part
Kaning courts if general just be considered constitutionally of the judicial system? No, they belong to
jurisdiction mao ning courts that have the mandated court. executive, in NLRC. Quasi-judicial.
power to take cognizance of al kinds of
cases u less otherwise provided by the Other courts are created by law f. We have also concurrent jurisdiction.
law or rules. General rule, kung court of called statutory courts. BP 129. Unsay Meaning, two or more courts can take
general jurisdiction, tanan kaso pwede exmple statutory courts, courts of cognizance on such case.
nimo except when that is excluded by appeals, rtc, mtc, mctc. Kahbaw na mo
rthe law or by the rules of court. usa meaning ana. g. What do you mean by delegated
Example, RTC. jurisdiction? This refers to the grant of
MTC – Municipal Trial Court authority or jurisdiction to first level
We have also courts of limited MCTC – Municipal Circuit Trial Court courts to hear and determine cadastral
jurisdiction. These are courts that have MTC vs. MCTC and land cases in certain conditions. Naa
no power to decide their own jurisdiction MTC sa lungsod/towns ni. MCTC, naay mga sa BP 129 na ang mga first level courts
and can only try cases permitted by smaller towns, duha ka lungsod peros usa ra ka pwede maka hear ug cadastral cases or
statute. Example, First Level Courts or korte. land registration. This is an example of
Municipal Trial Courts. MTCC – Municipal Trial Court in Cities. Sa mga delegated power. Because as a general
cities ni. rule first level courts do not have power
b. Duna pud tay Courts of Original MeTC- Metropolitan Trial Court. Wa ta ani Cebu. to try and hear land registration cases.
Jurisdiction, these are courts in which Tua ra ni siya sa Metro Manila.
actions or cases may originally be filled. Special jurisdiction. This refers to the
Unsa naa Cebu is MTCC, Muncipal Trial Court in power if first level courts to hear and decide
Courts of Appellate Cities. petitions involving asking for the issuance of writ
Jurisdiction. Courts which have the *Among legal circles, first level courts of habeas corpus. General rule, petition for writ
power to review on appeal the decisions tawag ani nila. of habeas corpus ang naay power ana RTC, CA ug
or order of a lower court. SC. But in the absence of any RTC, example
Then we have: tanan RTC judges nag seminar tua sa manila
c. We have also superior courts, unya naay petition for issuance of writ of habeas
inferior or lower courts. RTC - corpus na gifile, pwede ang first level court. In
CA - the absemce of any rtc judges, pwede nah siya.
d. Sa ubang nasud, naay Court of SC - Gitawag pud ni siya special jurisdiction, known as
Record and Court of No Record. Also, Sandiganbayan interlocutory jurisdiction.
Kanidato naa ta court of no record, we Court of Tax Appeals (CTA)
called Justice of the Peace. Mag-hearing Asked in the bar several times: How do
wala sila record-record. If magdecide, Didto sa Mindanao naa sila Sharia Courts. you distinguish jurisdiction and venue?
walay decision. Husayon ra ni. Pili ra ang Part gihapon nah siya sa judiciary system. Sharia
Page | 2
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Jurisdiction refers to the power or question the decision of the court, you can file a or to the status, right or a particular fact.
authority of the court to hear and determine petition for certiorari. How can the court acquire jurisdiction
case, whereas venue refers to the place where over the res or over the property? This is
the case is to be heard or tried. What are the elements or requisites acquired by the actual or constructive
Jurisdiction is a matter of substantive law, for the exercise of jurisdiction? seizure by the court of the thing in
while venue is of procedural law. question. Or by provision of law. Talking
Jurisdiction is fixed by law and cannot be 1. Courts must have jurisdiction over the bout status, this is by provision of law.
conferred by the parties, while venue may be plaintiff or petitioner. How can a court
conferred by the act or agreement of the parties. acquire jurisdiction over the plaintiff? The 4. Another one, jurisdiction over the issues.
court can acquire jurisdiction over the Although uban authors wa ni gi-apil. This
Take note: that as far as criminal cases are plaintiff by the filling of the complaint or is determined and conferred by the
concerned, venue does not only determine the petition or any initiatory pleading before pleadings filed in the case by the parties.
place where criminal case is to be filed, but it the court by the plaintiff or petitioner. Wa
also determines jurisdiction of a court. kaayo prob ani ka nig-file sa kaso you are So when a court tries or hears a case (we are
submitting yourself to the jurisdiction of talking here of civil cases), the court must have
What do you mean by exercise of the court. jurisdiction over the parties, over the subject
jurisdiction? Distinguish jurisdiction from exercise matter and over the res.
of jurisdiction. Also asked in the bar several Another element is, jurisdiction over the
times. defendant or over the respondent. How Is there a case that there is no defendant or
Jurisdiction is the authority of the court to can the court acquire jurisdiction over the respondent?
decide a case, and where there is jurisdiction defendant or over the respondent? Two Yes, naa. Most of these cases that have no
over the person, and the subject matter, the ways: 1. By voluntary appearance of the respondent are called special proceedings.
decision of all other questions arising from the defendant or respondent. 2. By the Example, petition for change of a name. No
case is considered an exercise of jurisdiction. proper service of summons. Take note of respondent.
the word “proper”. Coz if it is improper
What is the difference of error of service of summons, the court will not Are there cases that have no res? Yes, there
judgment and error of jurisdiction? acquire jurisdiction over the person of the are. Example, collection for some of money. If
defendant. pure ra paningil. Unsa may res diha. Wa may
Error of judgment is one which the court property diha na i-acquire jurisdiction sa
may commit in the exercise of its jurisdiction. It - Jurisdiction over the parties. court? Wala.
includes error of procedure or mistakes in courts
findings. 2. Then another is, jurisdiction over the Repeat, in case file in court, all those
Error of jurisdiction is one where the act subject matter. This is conferred by law. elements for the exercise of jurisdcition must be
complained of was issued by the court without or In other words it is the law that provides present. So pananglitan, you file collection of
in excess of is jurisdiction or with grace abuse of which court has jurisdiction over this sum of money. Kiha nimo Koreano, tourist ra,
discretion. It means the court has no jurisdiction matter. Jurisdiction over the subject nangutang siya nimo. After huwan uli siya Korea.
over the case or if it has, the court acted in matter cannot be subjected to agreement Unsaon acquire jurisdiction over the person?
excess of its jurisdiction or with grace abuse of by the parties. So for example, you file an Publication is only available when the defendant
jurisdiction(murag ‘discretion’ ni). action to collection for sum of money and is a non-resident alien and the case would affect
In error of judgment, the decision there is ang iyahang amount P200,000. Asa na his statust or property in the Philippines. Kung wa
not void. It can be appealed. It can be corrected court? Ari ra sa first level. Kay kung sa siya property in the Philippines, you can’t serve
by appeal. For example a court has jurisdiction fo RTC, that court has no jurisdiction. Gi-uns summons by publication. Unsa man buhaton
the case but you disagreed with the finding of the apagkahbaw na adtomjud file sa first nimo naa siya property here sa Philippines? Imo
court, you may file an appeal to high court. The level? Naa sa balaod BP 129 as amenden. lang to siya ipa-attach. In that case, you can now
decision of the court is not void but it can be Conferred by law. serve summons by publication.
corrected by appeal, and not by petition for
certiorari. Pero if ang korte wa jud jurisdiction, 3. Jurisdiction over the res. When you say Now, we have learned that jurisdiction of
then the decision there is void and if you want to res, it refers to the property or the thing the court over the subject matter is conferred by
Page | 3
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

law. How can you determine that the court has acquires jurisdiction over the case, it continues or the person whose not included in the case if he
jurisdiction over the case? Although jurisdiction is retains the jurisdiction over the case until the voluntary submitted himself to the jurisdiction of
conferred by law but if there is already a case case or proceedings of the case is terminated. the court. Such as by signing, affixing his
filed in court, you can determine whether the signature in a compromise agreement.
court has jurisdiction over the case through the Now, earlier we had said that jurisdiction CIVIL ACTIONS
allegations in the complaint. For example, is conferred by law. And cannot be subjected to ORDINARY CIVIL ACTIONS
collection for sum of money. Ang complaint ni- the agreement by the parties. It cant be [Rules 2 to 5]
allege defendant nakautang 500,000. Asa file acquired, or waived or diminish by any acts nor
RTC. Kay more than 300,000. Suppose in the omission by the parties. Neither can it be RULE 2
answer of the defendant, he admitted obtained a conferred by acquiescence of the court. So CAUSE OF ACTION
loan, pero admit only 200,000 and ask for the jurisdiction cannot be waived, unlike venue. It “Section 1. Ordinary civil actions, basis of.
dismissal of the case that court has no cannot be subjected to the agreement of the ← Every ordinary civil action
jurisdiction over the case. Should the case be parties. must be based on a cause of action.”
dismissed? NO! Because as far as jurisdiction of
the court is concerned to determine whether the Pananglitan, a cases is filed in court and the “Sec. 2. Cause of action, defined.
court has jurisdiction over the subject matter, the court has no jurisdiction. For example ni-file ka ← A cause of action is the act or
allegations in the complaint shall prevail and not ug collection for some of money 200k, ddto gifile omission by which a party violates a
in the allegations in the answer of the defendant. sa RTC, court has no jurisdiction. General rule is a right of another.”
Dili magdepede sa gi0-allege sa answer. Matud party can question the jurisdiction of the court
pa sa SC, Otherwise, the jurisdiction of the court even on appeal for the first time. Sa ato pa kung What do you mean by cause of action and how
would be dependent upon the whims and sa trial court wa ka ka raise sa issue on does it differ from right of action?
capricious of the defendant. It should be the jurisdiction, inig appeal pwede pa ka maka raise Cause of action refers to the wrongful act or
complaint. ana. You can still be allowed to raise or question omission committed by the defendant in violation
Suppose during the trial that it will be the jurisdiction of the court. However, there are of the right of the plaintiff.
found that indeed the obligation of the defendant some cases wherein the SC disallowed ampart to
is only 200k, does the court still have question the jurso of the court on the ground of Naghisgot man ta ganiha ug substantive law.
jurisdiction? And plaintiff file a case against estoppel by laches. And the landmark case is Kana substantive law mao nah maghatag sa ato
defendant, 500k. Pero during the trial it was Tijam vs. Sibunghanoy. That involves collection right. Ma-violated gani nah imo rights na gihatag
found out that the total liability is only 200k. case. The case is supposedly filed in the first sa substantive law, mao nah maghatag sa imo ug
Does the court have jurisdiction over the case? level court. But it was filed before the RTC. Unya cause of action. And once there is cause of action
YES! Jurisdiction of the court of the subject napildi ang defendant, ni appeal siya sa CA, CA committed by the defendant, you will now have a
matter is determined by the allegations of the rendered decision sustained the decision of RTC. right of action.
complaint. And even it is proven during trial Defendant questions jurisdiction of the court. SC
thought the presentation of evidence that the said stooped na coz tungod sa trial court What is a right of action?
collectible amount is below jurisdiction of the nagstambay for 15 years sa RTC ang case, sa CA It refers to your right to file a case or action. In
court, the court does not lodge(???) (or lost) nag-stay pud didto. Unya diri na ka reklamo. The other words, there is no right of action, if there is
jurisdiction over the case. The court still retains case of Tijam is an exception to the general rule. no cause of action.
jurisdiction over the case. In the case of Lapanday Agricultural vs. Estita
449SCRA240. SC said the active participation of a What do you mean by action?
What do you mean by doctrine of party in case is tantamount to the recognition of Kani mao ni siya lain na term sa “case”.
continuity of jurisdiction or doctrine of that court’s jurisdiction and will bar a party from Action or case is one sues another for the
adherence of jurisdiction? impugning the court’s jurisdiction. enforcement or for the protection of right, or
This means that the jurisdiction of a court prevention or regress of a wrong.
whether in criminal or civil cases once it attaches Question: Can the court acquire jurisdiction over
cannot be ousted by subsequent happenings or the person who is not impleaded in the case? Wa What is the classification of actions or cases?
events. Although of a character which would gi-apil sa kaso.
have prevented jurisdiction from attaching in the Answer: General rule, dili! But by way of I- An action can be classified as a real
first instance. In other words, once the court exception, the court can acquire jurisdiction over action or personal action. This calcification is
Page | 4
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

something to do with subject matter. defendant’s property or to subject the same to a mu-file ka action for petition for change of name
lien or encumbrance. The case is file against a is an action in rem, binding against the whole
Real action is a case which affects title to particular purpose but the purpose of the case is world. File for registration for this lot, imo title.
or possession of real property or any interest to subject the sale disposition of defendants Land registration is an action in rem, binding
therein. Example, a case for recovery of property, or to subject the same to a lien or against the whole world.
possession or ownership. Also, ejectment. encumbrance. For example, judicial foreclosure of Kanang classification sa kaso; real or
All other actions or actions which do not mortgage. Also quieting of title, you file a case to personal action, that is as to the subject matter.
affect title or possession of real property that is a particular person but purpose is to bar him Whereas, in personam, quasi inrem or
considered as personal action. Example, action to from claiming ownership to a certain property. action in eprosnam, as to the binding effect.
recover ownership over personal property. So, pwede ra nah sila magsagol-sagol kay
Kani 3 ka action. In rem, persona mug lahi rmaan nah sila. A real action could be
What is the importance of knowing quasi in rem, ang service of summons ani is considered as action in personam. A real action
whether an action is a real action or a personal strictly required in action in personam! In order could also action in rem or quasi in rem.
action? Kana mu-file ka annulment? Personal for the court to acquire jurisdiction.
action, it does not involve title or possession over In action of quasi in rem and in action in Jurisdiction of Different Courts
real property. Ngano important man makahabw rem, service of summons upon the defendant is
ta? Because it will affect venue. Tungod kay kung not required for the court to acquire jurisdiction. From SC –to First Level Courts- Naa sa BP
real action you will file the action where the Because kung action in rem, it is enough that the 129, As Amended.
property is located. Another, this will affect court acquired jurisdiction over the property. Master the jurisdiction of RTC!
jurisdiction. Because when it is a real property, Then, why is it that jurisdiction over the And the First Level Courts!
the jurisdiction of the court is determined by the defendant is not required, then why is it that
assed value of real property. When the assed summons has to be published if the action is November 9, 2012 (Friday)
value of the real prop is more than 20K, RTC. quasi in rem or action in rem? Ngano kailangan
Below 20K, first level court. Whereas personal paman naay publication sa summons na di JURISDICTION IN CIVIL CASES
action, depends on the amount of the claim or naman kinahanglan nga mua-aquire ug
demand, except when the subject is incapable of jurisdiction over the defendant? Why need to You should master the jurisdiction of the
pecuniary estimation. publish summons? The purpose of publication of different courts. From the Supreme Court up to
the summons is not for the court to acquire the first level courts.
Another classification is MIXED ACTION. jurisdiction over the defendant, BUT for
compliance of due process. I. SUPREME COURT
II - Another classification is action in rem
and action in personam, classification as to the Possible ban na ang usa ka action The SC has original, as well as appellate
binding effect of the decision. matawag na real action at the same time action jurisdiction. As far as its original jurisdiction is
in personam, (necessary ba gyud na ang real concerned, it has also original exclusive or
So, if the binding effect of the decision action, action in rem siya)? YES! Yes, possible original concurrent jurisdiction.
binds only a particular person, then that would be because it involves title possession but it is only
action personam. Look at the binding effect. binding against parties, and not necessarily the Original Exclusive Jurisdiction of the
If the binding effect is binding against the whole world. Example, ejectment. When you file Supreme Court
whole world and not just the parties in that case, an ejectment case, considering that the subject a. Special Civil Action) Petitions for
that would be action in rem. matter involves possession of real property, that certiorari, prohibition or mandamus –
What si the importance of know the is a real action. BUT it is a real action but it is (CPM). But the defendant, in order for
classification, in rem or personam? This will now considered as action in personam. Why? Because that to fall under the original exclusive
affect the service of summon! the binding effect of the deciseson is binding only jurisdiction of the SC, a respondent or
against the parties. Those aprties tahta re no defendant should be the:
Dunay tunga-tunga, dili totally in rem or implede will not be bound by the decision of the 1. Court of Appeals
not totally personam. ACTION QUASI IN REM. This court. Will not tbe bound by the decision of the 2. Court of Tax Appeals
is a case directed against a particular person but court. Lahi sa in rem kay maski wa paka gi-api, 3. Sandiganbayan
the action or case seeks the sale or disposition of ma bound ka sa maong decision. For example, 4. Commission on Elections
Page | 5
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

5. Commission on Audit Because as far as that action is concerned, Judge for example dili pud updated. So what is
Supreme Court and the Court of Appeals have your remedy? Wala man gyud jurisdiction ang
If the respondents in a petition for C,P,M Concurrent Jurisdiction. So pwede ka mu file didto MTC.
is not listed here, then it is not within the sa Supreme Court, pwede pud ka mu file sa Court
exclusive jurisdiction of the SC. of Appeals. Pero kung ang imong gi file-an ug You file a petition for certiorari, under Rule
petition for certiorari kay COMELEC, then you 65. Where will you file this petition against MTC?
What do you mean by Original Exclusive? should file it before the Supreme Court. Why? The Supreme Court, CA, and RTC have
Because if you file it in the Court of Appeals, the Concurrent jurisdiction. Kani sila dunay power.
Original Exclusive Jurisdiction means that Court of Appeals does not have jurisdiction over Mag pili lang ka ani nilang 3. Muingon ka na
it has the power to try a case instituted for the action. Because it is the SC that has the diretso nalang ka SC. Pwede ba na? Now, take
judicial action for the first time. Walay lain korte Original Exclusive Jurisdiction over that action. note of the principle of judicial hierarchy. Under
na maka try for the first time ani na kaso. Anha this principle of Judicial Hierarchy, the Higher
ra gyud diha. b. With the Court of Appeals and RTC Court will not take cognizance or will not
It has also has Original Concurrent entertain direct resort to it, unless redress cannot
For example, you file a petition for C or P Jurisdiction with the Court of Appeals and RTC be obtained in the appropriate courts. Although
or M against the Court of Appeals or against the over: the Court of Appeals and the Supreme Court
Sandiganbayan and you file it before the Court of have concurrent jurisdiction, these higher Courts
Appeals the same shall be dismissed. Tungod kay 1. Petitions for certiorari, prohibition or will not entertain any action, unless remedy or
if the respondent is Sandiganbayan, it is the mandamus against courts of the first relief cannot be obtained by a lower Court, RTC.
Supreme Court that has Original Exclusive level and other bodies. Or you cannot go directly to the Supreme Court
Jurisdiction. in action wherein it has concurrent jurisdiction,
For example, you want to file a petition for unless there are special and important
Original Concurrent/Confluent/Coordinate certiorari against MTC. For example, dunay reasons (take note of the two words) clearly
jurisdiction of the Supreme Court decision ang MTC unya nag tuo ka ang MTC walay stated or set out in the petition. Bisan
jurisdiction, so mu file ka ug petition for kanang petition for certiorari, or petition for
What do you mean by Original Concurrent? certiorari, asa manka pwede mu file sa petition? prohibition, or petition for mandamus ang imong
kontra first level court, bisan ug dunay
Original Concurrent means that there are Pwede ka mu file sa petition before the RTC concurrent jurisdiction ang SC ana, dili ka pwede
two or more courts that has Original Jurisdiction or CA or even before the SC. Why? These Courts maka diretso sa SC.
over the case and the case could be filed in have Concurrent jurisdiction over petitions for The Supreme Court will only take cognizance
either courts that has Concurrent or Confluent or certiorari, prohibition and mandamus against first over these petitions C,P,M, if there are special
Coordinate (other terms) jurisdiction. level courts. But take note of the principle Judicial and important reasons, and unless of course
Hierarchy. gawas lang atong gi hisgutan ganiha na kung ang
a. With the Court of Appeals imong gi kiha COMELEC, COA, CA,
The SC has Concurrent jurisdiction with What is this Principle of Judicial Hierarchy? Sandiganbayan - - - kana mapugos ka sa
the Court of Appeals over petitions for certiorari, Although as what we have learned, the Supreme Court ana! Because under the law, it is
prohibition or mandamus, provided that the Supreme Court, the Court of Appeals, and the only that court that has original exclusive
respondent would be the: RTC, have concurrent jurisdiction over petitions jurisdiction. The petition cannot be filed in any
1. RTC for certiorari, prohibition or mandamus against other courts. But in other petitions within the
2. Civil Service Commission first level courts, but you cannot just directly file Supreme Court that has original concurrent
3. Central Board of Assessment Appeals it before the Supreme Court. jurisdiction you cannot go directly to the
4. NLRC Supreme Court.
5. Other quasi-judicial agencies. Example, you are the defendant gi kiha ka sa
MTC for a case of collection of a sum of money, What are these special and important
For example, you file a petition for certiorari, for 1 million. Ang abogado na nag file kay dili reasons that could make such petitions special
or prohibition, or mandamus against the Civil updated sa jurisdiction diri nya gi file sa MTC. Imo and important? Only the Supreme Court can
Service Commission, you can file it either with gi file-an ug Motion to Dismiss, on the ground of determine.
the Court of Appeals or with the Supreme Court. lack of jurisdiction. Gi deny, kay utro pud ang
Page | 6
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

So what do you call that principle? Principle provided that the question or issue that is going Ang Sandiganbayan, although we are
of Judicial Hierarchy. In other words, even if you to be resolved by the Supreme Court involves talking about Civil Cases, kung mu ingon ta
file a petition for certiorari against a first level only questions of law. But the decision should Sandiganbayan ang mu sulod sa atong huna
court, although the Court of Appeals has have been rendered by the RTC in the exercise of huna murag mga Criminal Cases unya ang
concurrent jurisdiction, meaning the Court of its original jurisdiction, NOT appellate jurisdiction. gipang kiha public officers. Pero if you look at the
Appeals has the power to hear that petition, the law creating Sandiganbayan, ang Sandiganbayan
Court of Appeals may also invoke the principle of Kahibaw naman mo na ang RTC pwede na mu dunay power to hear Civil Cases. Actually,
judicial hierarchy. review sa mga decisions sa first level courts. So Sandiganbayan has concurrent jurisdiction with
kung ang decision sa first level court imong gi the Supreme Court, Court of Appeals.
2. Petitions for habeas corpus and quo appeal sa RTC, then after RTC’s decision you are
warranto. still discontented with the decision pero ang What are these Civil Cases that can be filed in
imong gi question kato nang pure questions of the Sandiganbayan?
c. With RTC law, dili na pwede imo e deritso sa Supreme
(1) Actions against ambassadors, other Court kay dili man cya original na gikan diha. Ang 1. Petition for the issuance of the writ of amparo
public ministers and consuls. imong ma deritso sa Supreme Court kato rang 2. Petition for the issuance of the writ of habeas
mga decision na originally filed in the RTC and data
Appellate jurisdiction of the Supreme Court you raise it to the Supreme Court on pure
The SC also has appellate jurisdiction. questions of law. Asa mani gikuha ang mga jurisdiction
II. COURT OF APPEALS ani? Kinsa man ang nag sulti na ang SC dunay
By this time you should be able to distinguish original exclusive, original concurrent
between petition for certiorari as a special civil Original Exclusive jurisdiction of Court of jurisdiction??? Batas Pambansa 129, as
action AND petition for review on certiorari. Appeals amended. Mao na siya ang nag provide sa
a. Actions for annulment of judgments of jurisdiction sa different courts. Because as what
- Petition for review on certiorari (Rule 45) RTC we have learned last meeting, jurisdiction over
o The clue is REVIEW. the subject matter is conferred or provided by
o A mode of appeal Original Concurrent jurisdiction of Court of law.
- Petition for certiorari (without the word Appeals 3. Katong nag involve sa PCGG. Recovery of ill-
review) a. With the Supreme Court gotten wealth.
o An original action. b. With the Supreme Court and the RTCC
III. REGIONAL TRIAL COURTS
1. Petitions for review on certiorari against: Appellate jurisdiction of Court of Appeals RTC also has original and exclusive. Nag tuo
a. Court of Appeals 1. Ordinary appeals from: mo na ang SC or CA ra ang naay original ug
b. Court of Tax Appeals a. decisions of RTC, through exclusive? Ang RTC pud! RTC also has Original
c. Sandiganbayan Petition for review, except in Exclusive jurisdiction. Meaning, anha ra sa RTC ni
d. RTC in cases involving – cases exclusively appealable to nimo ma file mga kasoha. Dili gani nimo ma file
(1) Constitutionality or validity of a treaty, the SC. didto sa SC for the first time. What are these
international or executive agreement, b. Family Courts cases that are cognizable by RTC under its
law, presidential decree, proclamation, Original Exclusive jurisdiction?
order, instruction, ordinance, or 2. Appeal by petition for review from the
regulation Quasi-Judicial Bodies. (See page 56 of the a. Actions the subject matters whereof are
(2) Legality of a tax, impost, assessment, toll Regalado book 10th edition for the not capable of pecuniary estimation.
or a penalty in relation thereto enumeration)
(3) Jurisdiction of a lower court - Kani ang daghan ug lalis. Kanang pag
(4) Only errors or questions of law. 3. Petitions for review from the RTC in determine kung kani mao ang kaso
cases appealed thereto from the lower capable or not capable ba og pecuniary
So pwede ka mu appeal… a case is decided courts. estimation. So that it will be easier for
by RTC, pwede ka mu diretso sa Supreme Court, you to determine whether the subject
dili naka mu agi sa Court of Appeals, pwede na *** matter of the case is incapable of
Page | 7
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

pecuniary estimation, tanawn nimo ana - You try to read these cases: possession. Or if wala cya nangangkon na cya
ang principal reliefs or prayers asked by o 1. Russel vs. Vestil 304 SCRA 739 ang tag iya, you file a case for recovery of
the plaintiff. o 2. San Roque vs. Heirs of Pastor possession. Asa nimo e file? You look at your
June 20, 2000 – this case involves tax declaration. Because if the assessed
- When can you say that the action or a expropriation. value is more than P20,000, you file it in
case is capable of pecuniary estimation? RTC. Unya kay na deprive manka sa imong
o When the principal reliefs or - Katong gi file sa mga estudyante sa STC income. So you ask for damages. Example the
remedies sought is a claim or for unsa to kaso ila gi file? Diba wala manto assessed value is P20,000 and you ask for
sum of money or damages. Kung sila gipa graduate unya gusto gyud sila damages P1million, unsa imong basehan sa
ang iya bang principal relief nag mu paso. jurisdiction ana? The assessed value. Kana
involve ba ug money claim. If not, imong money claims diha or gipangayo na
that could be incapable of b. Actions involving title to or possession of damages that is only incidental. Dili na siya
pecuniary estimation and the real property or an interest therein, where mao ang main cause of action nimo. Incidental
case is cognizable with RTC. the assessed value of such property rana.
exceeds P20,000 or, in Metro Manila,
- Example of cases that are incapable of P50,000, except forcible entry and unlawful o 2. Quieting of title – you have come
pecuniary estimation: detainer. across this in your Civil Law. Because that
o 1. Annulment or rescission of involves title or possession of real property
contract - Take note: real property
 If there is a prayer for damages kay ni - There is an Exception: “except for
suffer ug moral damages, dili nana mao - You have taken up Taxation diba? Naay gi forcible entry and unlawful detainer”
ang principal relief. Ang principal relief niya tawag na assessed value, zonal value, o You have learned that forcible entry and
is annulment or declaration of nullity of the fair market value, gross value. As far as unlawful detainer, called Ejectment cases, this
contract. determination of jurisdiction of courts, also involves possession. Naa ba ron nag rent
assessed value of real property. sa imong yuta unya wala nakabayad ug 3
o 2. Specific performance months unya dili mu bayad kay na bankrupt
 Example you enter into a contract for the - Asa mana makit an ang assessed value? siya. So you file a case for unlawful detainer.
construction of your house unya ang Naa luyo sa tax declaration sa yuta. You want to recover possession. Dili ka maka
contractor wala mu tuman sa contrata and file sa RTC. Although Ejectment cases nag
gusto gyud nimo pugson then you file for - Take note of the word EXCEEDS. If I am involve ug possession, ang first level courts
an action for specific performance. not wrong, kanang assessed value kay ang naay Original Exclusive jurisdiction.
 Or namalit kag awto wala gi deliver ang 20% of the fair market value. So if the Although Ejectment, forcible entry and unlawful
awto and you want the car dealer to deliver assessed value is EXACTLY 20,000, first detainer, involve recovery of possession the
the car. You file for an action of specific level courts. But if you are in Metro same is cognizable by the first level courts, not
performance. Manila, P50,000 ang iyang assessed by RTC.
value. If more than that, nilabaw na ug 1
o 3. Injunction pesos, RTC. o Pero kung dili ka ka file ug ejectment kay
 You want to enjoin another person from nag sige lang ka ug unya2x… kana rabang
doing an act. You wile an injunction. - What case for example that would ejectment cases dunay prescriptive period na 1
“involve title to or possession of real year. Sige lang ka ug laag2x sa Rome, kalimot
o 4. Action for support property or any interest therein”? ka ug file sa case. Now you file recovery of
 Nabiktima ka sa imong uyab ug hit and run o 1. For example you file a case for possession. Take note na wala siya
and gi disown. You file an action for support recovery of ownership. Inyong yuta sa Calamba nangangkon, pero dili lang siya mu pahawa. So
before the RTC. kilid sa menteryo kay gi angkon na ug lain. Gi recovery of possession ang imong e file. Asa
koral. Wala ka ka notice. Pag abot nimo nindot man nimo e file? Ejectment pa ba imong e file
o 5. Action to annul a declaration of na kayo ug balay. Unsa man imong buhaton? If ana? Dili na kay ni hupas naman. Mao na siya
heirs nangangkon siya na siya ang tag iya, you file a ang gi tawag na Accion Publiciana. Katong
complaint for recovery of ownership and napan-os na ejectment. Recovery of
Page | 8
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

possession. You are going to file it either in the Court of Agrarian Relations as now o If you follow this literally, “Exclusive of
MTC or RTC depending on the assessed value. provided by law. interest”, ari ka sa first level courts. Ang
imong tanawn ang principal amount. Pero
c. Actions in admiralty and maritime g. Other cases where the demand, exclusive dunay kaso na abot sa Supreme Court. In
jurisdiction where the demand or claim of interest, damages, attorney’s fees, the case of Gomez v. Montalban, kaniadto
exceeds P300,000 or, in Metro Manila, litigation expenses and costs, or the value sa pag file aning kaso, ang jurisdiction sa
P400,000. of the property exceeds P300,000 or, in first level courts when this case was filed
Metro Manila, P400,000. was only P200,000 ra. In 2003, ang
- Again, ang balaod sa jurisdiction of the jurisdiction sa first level courts ani kay
different courts, B.P 129 as amended by - These are money claims. Tanawa unsa P200,000. Karon kay P300,000 na. In 2003,
Republic Act 7691. Republic 7691 ang gi exclude: “exclusive of interest, the plaintiff filed a collection case before
amended B.P 129 expanding the damages, attorney’s fees, litigation RTC when the principal amount was only
jurisdiction of the first level courts. expenses and costs.” P40,000. Asa man? Sa first level courts. But
the collectible amount reached P239,000
- What do you mean by “actions in - Kani siyang “other cases where the because of the monthly rate of interest of
admiralty and maritime jurisdiction”? demand” – this refers to money claims 15% as allegedly agreed by the defendant.
wherein the total amount of obligation Plaintiff filed a case before RTC. So the
o Action for damages involving exceeds P300,000, exclusive of interests, principal amount is P40,000. Now, gi kwenta
shipment of goods. Magpala ka walay labot ang interests, other niya tungod sa agreement na 15% per
ug goods didto sa Manila then na damages… damages example mu ingon month, gi apil niya kwenta ang interest unya
damage. Mao na and admiralty ka sa imong kiha na kani siya nangutang pag add niya tanan na abot ug P239,000.
and maritime jurisdiction. wala naka bayad. Unya kato akong gipa That amount, he filed a case in RTC.
utang sa iya kay P500,000, proceeds sa Because at that time the jurisdiction of the
d. Matters of probate, testate or intestate, akong retirement. Tungod saw ala siya ni first level court is only up to P200,000. More
where the gross value of the estate bayad ni suffer ko ug sleepless nights, than 200,000 kay sa RTC. Question: Does
exceeds P300,000 or, in Metro Manila, mental anguish, etc. for which the the RTC have jurisdiction? Because the
P400,000. defendant should be made to pay aside defendant here filed a Motion to Dismiss on
from the P500,000, he should be made to the ground of lack of jurisdiction invoking
- So kung testate or intestate, the basis of pay another P500,000 as moral damages. B.P. 129 saying that the interest should be
jurisdiction is not the assessed value, but Kanang P500,000 na moral damages dili excluded in determining the jurisdiction of
the gross value. na nimo e apil ug kwenta sa jurisdiction. the court.
EXCEPT… Kanang amount sa damages
e. Cases not within the exclusive na imong gi pray e exclude na nimo sa  YES. Because said interest on the loan is
jurisdiction of any court, tribunal, person or pag determine sa jurisdiction PERO kung a primary and inseparable component of the
body exercising judicial or quasi-judicial ang imong main cause of action is cause of action, not merely incidental
functions. damages gyud, e include na nimo. Pero thereto and already determinable at the
dili gani main cause of action ang time of the filing of the complaint. It must be
- Kaning RTC gi tawag ni siya ug Court of damages, e exclude nimo. included in the determination of which court
General Jurisdiction. Kay duna man mga - “Exclusive of interests” – dunay decision has jurisdiction over the case. So Gomez v.
kaso na dili exclusive jurisdiction sa uban sa Supreme Court ani. When we say Montalaban March 14, 2008.
mga courts. Kay dili siya sa MTC, dili sa exclusive of interests, sa ato pa kung
Court of Appeals, dili sa Supreme Court, nanghuwam siya nimo ug P300,000. For  Kani man gung interest
so adto siya sa RTC. Mao na siya ang example you borrowed P300,000 payable there are two concepts of
gitawag na Court of General Jurisidiction. in 1 year. Sa sunod tuig ana, inig bayad interests:
nimo ana, kung 12% interest, kay
f. Actions and special proceedings within mahimo na ug P312,000. Question: Asa  First concept of interest is Contractual,
the exclusive original jurisdiction of the nimo e file? meaning that is expressly stated in the
contract for the use of money. For example
Page | 9
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

mang huwam ka nako ug P1,000 payable in - Again, [interest], damages, attorney’s


1 month. Bisan ug dili paka mu lapas ug 1 fees, litigation expenses, costs you Concurrent jurisdiction of RTC with the
month imo nako bayran. Unya nag sabot exclude in determining the jurisdiction of Supreme Court and the Court of Appeals
ta na dunay 10% bisan ug dili paka mu the court, if the action is a money claim.
lapas ug 1 month, you are obligated to pay Pero kung ang main action is for (1) Petitions for C, P, M
10% because we agreed. Or let’s say 5% damages, for example gi pakauwawan ka (2) Petitions for habeas corpus and quo warranto.
lang. or butang nato 1%. So inig dawat gi tawag ka ug Burikat infront of people.
nako sa akong kwarta inig due sa imong So you file for damages. Mu ingon gani ta Appellate jurisdiction of RTC
utang, dili rana P1,000, naa panay kapin… damages, kwarta. Take note that your Pwede diay ang RTC mu review? YES.
katong 1%. Unsay concept anang 1%? main action there is damages, dili kanang Unsa man iyang e review? All cases decided by
Unsa mana siya? That is interest for the utang. Unsa man imong basehon ana na lower courts.
use, you call it Contractual. That is the first imong action capable of pecuniary
concept of interest. estimation mana? Damages gud. Asa What do you mean by Doctrine of Non-
nimo e file? So if the main action is for Interference or Judicial Stability? This has
 The other concept of interest, as what you damages, the basis in determining which been asked in the bar.
have learned in your Civil Law, is As a court that has jurisdiction is the amount
form of penalty. Bisan ug wala pata nag of the damages you are asking. So kung This means that courts of equal and
sabot ug interest, dili gani ka mu bayad sa nangayo ka ug P300,000, you file it in the coordinate jurisdiction cannot interfere with each
atong gi sabotan, duna kay surcharge or first level courts. Nangayo ka ug 1 other’s orders. For example, RTC of Cebu City
penalty. The interest there is not for the million, you file it before RTC. Malipay issued an order, and another court in Mandaue
use, but for the ….(?) Kay wala mantay mansad na ang korte kung dako ka RTC cannot declare or set aside that order
gikasabotan. Kung duna ta gi sabotan, for ipangayo kay imong filing fee mag agad because that would be a violation of Doctrine of
example, 1% per month, then in addition man sa imong amount sa damages. Non-Interference.
for the 1% interest which is stipulated, you
should also pay me penalty or surcharge - By the way, kaning attorney’s fees, This doctrine also applies to
kay ni default manka. So duha ka klase sa kaning damages, except if it is your main administrative bodies. In other words, ang usa ka
interest imong bayran: Contractual ug action, kanang damages e exclude. But RTC diin ang iyang standing pareho ug standing
katong Punitive. Because you can see in that would be included in the sa quasi-judicial bodies, dili siya ka panghilabot
this ruling of Gomez v. Montalban that SC computation of your filing fees. sa ilang order. RTC for example has no power
for purposes of determining the jurisdiction over administrative bodies where the decision is
of the court if the interest is Contractual - Then you might ask, asa manta nikuha appealable to the Court of Appeals or the
the same is taken into consideration for anang provision na “where the claim for Supreme Court. For example, ang NLRC ni render
purposes of determining which court has damages is a main cause of action or one ug decision sa illegal dismissal. Ang RTC dili
jurisdiction over the action. Pero kung of the causes of action, the amount of pwede manghilabot kay ang NLRC and RTC are
Punitive, it would not be considered. such claim should be considered in co-equals. Although dili sila pareha.
determining the jurisdiction of the court.”
 Pero pag bantay mo kay dunay Bar Question Diin manta ana? Na diri sa B.P 129 gi What do you mean by Doctrine of Primary
unya gi follow ni siya ang word na exclude man siya. Kanang mao na Jurisdiction?
“exclusive”. Meaning to say, suggested did provision is provided by the Supreme
not include in determining the jurisdiction did Court in its Administrative Circular You have come across this in your
not include the interest. Obviously, that Bar No. 09-94 June 14, 1994. Administrative Law. This means that courts will
Question was asked before the ruling of not resolve a controversy or case involving a
Gomez v. Montalban. Remember the ruling so question which is within the jurisdiction of an
that when this question will be asked in the Concurrent jurisdiction of RTC with the administrative tribunal, especially where the
bar you can justify why you include the Supreme Court question demands the exercise of sound
interest. administrative discretion requiring the special
(1) Actions affecting ambassadors, other public knowledge, experience, and services of that
ministers and consuls. administrative tribunal.
Page | 10
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

How about those cases where there is no Then, let’s go now to the first level courts.
Example, duna mantay balaod na kanang designated Family Courts. Example adto ka sa
sayop sa atong first name adto na didto sa LCR. probinsya, ang mga FC naa raman diri sa Cebu FIRST LEVEL COURTS
Dili ka pwede mu deritso didto sa korte kay ingon City. Example naa ka didto sa Oslob or Bogo.
man ang balaod adto sa ka didto sa LCR. Kung Dunay kaso didto na cognizable sa FC. Imo pa ba First level courts are otherwise known as Courts
balibaran ka didto, that would be the time adto dad on diri sa Cebu City? DILI. Adto gihapon na of Limited Jurisdiction. Limited in the sense
ka sa courts. Meaning, this doctrine mao ni atong didto e file sa RTC. Katong mga gi tawag na that they can only exercise jurisdictions over
gi tawag ug exhaustion of administrative single-sala RTC. So katong mga korte didto sa those cases expressly provided by law. Dili
remedies. probinsya, tanan to sila na kaso basta cognizable pareho sa RTC nga Court of General Jurisdiction.
by RTC. Cases cognizable by the FC, Drugs Court,
*** adto nila. Although it has a limited jurisdiction but duna
siyay gitawag ug Original-Exclusive
IV. FAMILY COURTS V. METROPOLITAN, MUNICIPAL, AND Jurisdiction. Sa ato pa these cases which are
MUNICIPAL CIRCUIT TRIAL COURTS within Original-Exclusive of First Level Courts di
As far as the RTC is concerned, dunay nimu siya ma file sa bisag asa pang Corte not
mga RTC na gi tawag na mga specialized courts. - Let’s go now to the first level courts. Mao even before the RTC, not even before the Court of
We have the so-called Family Courts (FC). That ni ang gi tawag na Courts of Limited Appeals, not even before the Supreme Court but
is pursuant to the Family Courts Act. So those Jurisdiction. “Limited” in the sense that only before the first level.
cases involving minors wherein the victim is a they can only exercise jurisdiction over
minor or wherein the accused is a minor, the those cases expressly provided by law. What are these cases that are these cases that
offender is a minor, the case is to be filed before Dili pareho sa RTC. are within the original-exclusive jurisdiction of
the Family Courts. As of now, wala patay first level courts?
permanent na Family Court, because under the
Family Courts Act, ang FC didto e establish sa Special Commercial Court – this courts 1. Action involving personal property not
Talisay. So what we have now are designated designated as special commercial courts have more than P 300,000.00 or in Metro
Family Courts. I think in Cebu City we have three. been designated by the Supreme Court to handle Manila P 400,000.00
cases involving violation of the intellectual 2. Actions involving money claimsP
Aside from that, duna pud tay gi tawag property rights and cases enumerated under Sec. 300,000.00, P 400,000.00 Metro Manila
na mga designated Drugs Court. These are the 5 of PD 902 or Intra-Corporate disputes, petition
courts that would exclusively handle drug cases. exclusive of interests, damages,
for suspension of payments and rehabilitation
Mga RTC ni sila. proceedings, etc. attorney’s fees, etc.
So duna tay Family Courts, duna tay Drug Courts,  But remember the case of Gomez
We also have the Special Commercial Special Commercial Courts pero mga RTC ni sila. vs. Montalban
Courts. Cases cognizable by the Securities and Now, what about in those places wherein there is 3. Actions in admiralty and maritime
Exchange Commission kay naa na sa RTC. Dunay NO designated Family Courts? For example adto jurisdictions
RTC na gi tawag ug Special Commercial Courts. ka sa probinsya, ang mga Family Courts dia ra 4. Probate proceedings where the gross
These designated courts have been designated man diri sa Cebu City, pananglitan adto ka didto value does not exceed P 300,000.00, P
by the SC to handle cases involving violation of sa Oslob, didto sa Bogo kun dunay kaso 400,000.00
the intellectual property rights and cases designated to the Family Courts imu pang dad-un 5. Forcible entry and unlawful detainer
enumerated under Section 5 of P.D. 902 or intra- diri sa Cebu City? Dili. Adto lang didto e file cases regardless of the assessed value.
corporate disputes. Petition for suspension of nimu ngadto sa RTC. Katong mga gitawag nga
payments and rehabilitation proceedings, etc.  So even if the assesed value of the
single-sala nga RTC, so mao to silay mu handle as
mga kaso nga cognizable sa Family Courts. So property is P 1 Million or even P 10 Million
Kani sila 3: Family Courts, Drugs Court katong mga Corte didto sa probinsya, so tanan to but if your action is for ejectment, forcible
and Special Commercial Courts kay mga RTC ni sila, tanan nga kaso basta congnizable by RTC. entry or unlawful detainer such action is
sila. Cases cognizable by Family Courts, cases within the original-exclusive jurisdiction of
cognizable by Drugs Court adto nila. the first level court.
 Regardless of the damages.
Page | 11
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

 For example nagpa abang ka ug balay For example the plaintiff files a collection for sum Rule 1
didto sa Ma. Luisa, wala kabayad ug 1 year of money in the amount of P 500,000.00 against GENERAL PROVISIONS
or 12 months. 1.2 Million. So imu ipa the defendant. In the answer of the defendant
SECTION 1. Title of the Rules. – The Rules
eject. Aside from asking from asking the he alleged that the court does not have
shall be known and cited as the Rules of
court to eject the lessee, you asked also jurisdiction over the case because he has already
Court.
the court to order to pay you the arrears in partially paid his loan. He admitted that he
rentals in the amount of 1.2 Million. Adto contracted a loan from the plaintiff but according  The Rules of Court have the force and
na nimu e file sa 1st level court because to him the remaining balance is only P effect of a law. Mao na gitawag siya ug
your main cause of action is ejectment. 200,000.00. And he asks now for the dismissal of Remedial Law. So it is a law.
the case for lack of jurisdiction. Should the case
6. Actions involving title where the assesed be dismissed? SEC. 2. In what courts applicable. – These
value of the property does not exceed P  No. Because in determining jurisdiction Rules shall apply in all the courts, except as
20,000.00, P 50,000.00 Metro Manila of the court it should be based on the otherwise provided by the Supreme Court.
allegation of the complaint not on the
The first level courts duna pud siyay gitawag ug allegations of the answer of the  It applies in all courts.
Delegated Jurisdiction. What do you mean by defendant neither on the motion to  By the way what is the difference
delegated jurisdiction? Kani siya nia siya sa RTC dismiss. between a court and a judge? This was
pero pwede siya nga e delegate ngadto sa first asked in the Bar. Is there a difference?
level courts. Unsa ma ning maong mga kaso? Suppose in the course of the trial it was proven  Court refers to the office
that indeed the remaining collectible amount of whereas the judge refers to the
1) Cadastral or land registration cases the plaintiff is only 200,000. Can the RTC validly officer of the court. Take note ha
involving lots where there is no render decision in favor of the plaintiff granting an officer of the court. Not an
controversy or opposition OR contested him that amount of 200,000? office belonging to the executive.
lots where the value of which does not  Yes. Because once the court acquires  Court is an organ of the
exceed P 100,000.00 as may be assigned jurisdiction over the case, jurisdiction government while the judge is
by the Supreme Court. remains in that court until the the person who sits.
 So ang MTC diri is acting as RTC. termination of the case.
Delegated. SEC. 3. Cases governed. – These Rules shall
What about the reverse? Suppose the plaintiff govern the procedure to be observed in
It also has what you call Special Jurisdiction. files a case for 300,000 before the RTC (so no actions, civil or criminal, and special
In petitions involving habeas corpus and there is jurisdiction) but in the course of the presentation proceedings.
no RTC judges present, the same can be filed of evidence it was proven that the total
before the first level court and you call it special collectible amount of the plaintiff is 500,000.  Mao nang nakakuha namu ug civil
jurisdiction. Can the court validly render decision? procedure, special proceedings, criminal
 No. Because it does not have procedure. Kani siya naa ni tanan sa
First level courts duna pud original-exclusive Rules of Court.
jurisdiction.
jurisdiction over cases governed by the Rule on  What do you mean by a civil action?
Summary Procedure. Such as forcible entry and Let us go now to the Rules of Court.
unlawful detainer cases. a) A civil action is one by which a party
sues another for the enforcement or
Lately, dunay bag-o nga naa sa iyang exclusive RULES OF COURT protection of a right, or the
jurisdiction. Cases under the Rule of Procedure PART I prevention or redress of a wrong.
for Small Claims cases. THE 1997 RULES OF CIVIL PROCEDURE

Page | 12
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

A civil action may either be ordinary D,” whereas in a special file it through ordinary mail the date of
or special. Both are governed by the proceeding usually there is no receipt maoy basihan.
rules for ordinary civil actions, defendant.
subject to the specific rules  Ordinary civil action is  Why is the date of filing very important?
commenced by means of a Because prescription stops only upon the
prescribed for a special civil action. filing.
complaint whereas in a special
proceeding it is commenced by a
 A civil action could be an ordinary petition and usually in a special  Take note that the filing of the complaint
civil action or could be special proceedings it requires should be coupled with the payment of
civil action. What is a special publication. exact docket fees. The court cannot
civil action? acquire jurisdiction over the complaint if
 Special civil action is governed by SEC. 4. In what cases not applicable. - you just file it and you do not pay the
the rules on ordinary civil action These Rules shall not apply to electin cases, EXACT amount of docket fees. Ug imu
land registration, cadastral, naturalization gani e mail hala pa ubani na ug money
and at the same time subject to
and insolvency proceedings, and other order.
specific rules provided by it. So
cases not herein provided for, except by
duha iyaha. Governed by the analogy or in a suppletory character and  What should the court do if the case is
rules on ordinary civil action at whenever practicable and convenient. filed and the corresponding docket fee is
the same time duna siyay rules not paid? Kani adto under the
na para iyaha ra. SEC. 5. Commencement of action. – A civil Manchester doctrine e dismiss jud na.
 Example of a special civil action action is commenced by the filing of the Pero later on the Supreme Court changed
is petition for certiorari, original complaint in court. If an additional it because if the amount of docket fees is
defendant is impleaded in a later pleading, not paid the court may give time to the
prohibition, mandamus. These
the action is commenced with regard to him plaintiff to pay the docket fee. The court
are special civil actions governed on the date of the filing of such later may allow payment of deficiency within a
by the rules on ordinary civil pleading, irrespective of whether the reasonable period. BUT take note that
actions as well as there own motion for its admision, if necessary, is the prescriptive period will continue to
specific rules. denied by the court. run. Although the court may allow
payment of docket fee within a
b) A criminal action is one by which the  How do you file of commence a civil reasonable period but the prescriptive
State prosecutes a person for an act action? You prepare a complaint, you see period will not stop to run. And it will
or omission punishable by law. to it that your complaint cannot be only stop to run upon the payment of th
subjected to a motion to dismiss. File the exact docket fee.
c) A special proceeding is a remedy by original complaint. How do you file a
which a party seeks to establish a complaint? You file it in two ways. Either GO VS. TONG, 416 SCRA 557
status, a right, or a particular fact. you file it personally in court through
your messenger or through registered The Supreme Court said that
 How do you distinguish an ordinary civil mail. You can file it through ordinary mail while the payment of the prescribed
action from a special proceeding? but there is a problem. Because when docket fee is a jurisdictional
 In ordinary civil action the you file it through registred mail the date requirement even its non-payment at
purpose is to protect or enforce a of mailing would be the date of filing. Sa the time of filing does not
right or to prevent a wrong or ato pa ang postmaster mura to ug automatically cause the dismissal of
seek a redress of a wrong extension sa Court. So tua ka sa Butuan the case as long as the fee is paid
whereas in a special proceeding pag file nimu didto pag abot diri dili na within the reasonable prescriptive
the purpose is to establish a ma na the same date kay kani ato postal period or reglementary period.
right, status or a fact. ma una pa ka ug abot. Pero way Moreso, when the party demonstrates
 In an ordinary civil action there is problema because the date of mailing is a willingness to abide by the rules
a defendant, you may say “C vs. considered the date of filing. But if you prescribing such payment.
Page | 13
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

 It should be stated in the prayer. Kani SECTION 1. Ordinary civil actions, basis of. –
Ang nahitabu man gud ani ang adto it should also be alleged in the body Every ordinary civil action must be based
kihante wa kahibaw sa iyang bayranan of the complaint. But later on the on a cuase of action.
unya iyang gibutangan didto ug note,
Supreme Court has softened its stand by
gipadad-an niya ug suwat ang clerk of SEC. 2. Cause of action, defined. – A cause
court, “Please just inform me kung saying that it would be a substantial of action is the act or omission by which a
kuwang ning kwarta nga akong compliance if the amount of damages is party violates a right of another.
gipadala thru money order.” Ang stated in the prayer.
kontra kita man nga wa ma bayri ang ELEMENTS OF CAUSE OF ACTION
exact docket fees file dayun siya ug  Are there cases that do not have filing
motion to dismiss. Gi dismiss pud sa fee? Naa. Habeas Corpus wala. Writ of i. There must be a RIGHT of the plaintiff.
court. Ingun ang Supreme Court di uy, Amparo wala.  Asa man ka mangita anang iyang
pwede na nimu tagaan ug time to pay. right? Sa substantitive law.
 What about in cases involving title or ii. There must be an OBLIGATION of the
So the court may allow possession of real property unsa may defendant to respect that right.
payment of deficiency within a iii. That there was an act or omission of the
basehan? The basis would be the fair
reasonable period but it should not
market value of the property. And if the defendant which VIOLATED the right of
beyond the reglementary period and
that the prescriptive period continues plaintiff is asking for damages e apil pud the plaintiff.
to run. na. So duha. Ang value sa property and iv. The violation resulted in DAMAGE on the
at the same time kato sa damages nga part of the plaintiff.
 In order for the clerk of court to gipangayu.
determine the amount to be paid duna na Every civil action must be based on a cause of
siyay taripa, mutan-aw siya sa iya SEC. 6. Construction. – These Rules shall be action. If you file a case without any cause of
listahan. Asa man niya basihi ang figure liberally construed in order to promote action then that should be dismissed for either
nga imu bayranan? Adto sa imung their objective of securing a just, speedy failure to state a cause of action or for lack of
and inexpensive disposition of every action cause of action.
PRAYER. Your prayer should state the
and proceeding.
amount of damages that you are asking.
So in every ordinary civil action it must be based
Tanan nga imung gipangayo. For  We have learned last meeting that the on a cause of action. Again a cause of actin is
example sum of money, nangayu ka ug Supreme Court have the exclusive power
the act or omission by which a party violates a
500,000 ibutang nimu didto to promulgate rules regarding pleadings,
practice and procedures. It has the right of another. Again if you file a case without
“WHEREFORE, it is respectfully prayed
power to promulgate, it also has the any cause of action the same should be
that the court will render judgment to
power to suspend the rules. Timan-e ha dismissed on the ground of failure to state a
order the defendant to pay the amount of
Supreme Court DILI ang lower court. Kay cause of action. Kung on the face of the
500,000 and another 500,000 as moral ikaw lower court ka mag suspend complaint wala jud cause of action then failure to
damages and another 500,000 as suspend ka ug rules e cite dayun ka ug state a cause of action. Kung dunay cause of
attorney’s fees and litigation expenses.” ignorance of the law, if ari ka sa Court of
action on the complaint but on the course of the
So ang imung bayran ana 1.5 Million. Ato Appeals that would be reversible error
pero ug ari ka diri sa Supreme Court that trial you fail to present evidence to substantiate
gihisgutan diri ha bayranan DILI
would be part of the law of the land. the allegations of the complaint then the case
jurisdiction. Ang pag determine sa
should be dismissed for lack of cause of action.
jurisdiction kato ra amount sa money CIVIL ACTIONS
claims. Pero ug bayranan apil tanan Ordinary Civil Actions In every case there should be a cause of action.
nimung gipangayu. Rule 2 Usa ka cause of action usa ka kaso. Now under
CAUSE OF ACTION Sec.3.

Page | 14
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

SEC. 3. One suit for a single cause of action. collectible 1M kay wala kabayad sa abang. So ang ebidensya diri mao ra puy ebidensya
– A party may not institute more that one you file a sum of money against the defendant didto then these two cases are just the same.
suit for a single cause of action. and then you file another case for ejectment. Is So there is identity of causes of action.
that allowed? No. Because you have only one
By the way unsa may kalainan sa suit ug sa Another example. Promissory note, nangutang
cause of action. So what you should do in that
action? Diri sa ato wala nay kalainan. Sa ubang unya dunay interest nga gikasabotan unya duna
case is you file an ejectment case and in that
nasud duna man gud silay courts of law and pa juy kasabotan nga in case of default bayad
case you ask for the eviction of that lessee and at
courts of equity. Didto sa ubang nasud ug mu file kag attorneys fees and other surcharge. So for
the same time you ask him to pay the arrears.
ka ug kaso nga base sa violation sa balaud you example 100,000. File ka ug kaso sa 100,000
There should only be one case.
call it ACTION. Pero ug file ka ug kaso base lang one case. Sunod na sad file na sad kaso for the
sa equity walay balaud that is called a SUIT. Pero Pananglitan nag huwam ka unya dunay real collection of the interest, 2nd case. Sunod na
diri sa ato ang ato Corte is both a Courts of Law estate mortgage. File ka ug foreclosure of sad file na sad kag kaso for the collection of
and Courts of Equity. What do you mean by mortgage and at the same time file pud ka ug attorney’s fees and other damages. Tulo ka kaso
equity? That is a remedy outside the law. You collection of sum of money. Aw dili na pwede. It and that is a splitting a cause of action. You
remember in your civil law that a court should should be either. So you call it splitting a cause should have filed only one case.
not decline a case just because there is no law. of action.
What is the rationale or reason behind prohibiting
Kung pananglitan run dunay magsabong, tari.
Then what would be your remedy? Your remedy splitting of cause of action? Prohibited to avoid
Unya wa may balaud ana. Ug mu action pa gani
is you file a motion to dismiss on the ground of multiplicity of suits and to avoid harassments.
to ug tusik ang usa ah daog. If pananglitan ni
litis pendentia or if the other case is already Just imagine abi ka datu ka pataka ra ka ug file
yangu pa unya ni ingun nga tabla. Maglalis unya
terminated you may file a motion to dismiss on ug mga kaso.
nag kihaay. So there is no law governing that so
the court will look into tradition, custom or equity the ground of res judicata. Motion to dismiss or
SEC. 5 – Joinder of causes of action.
kung unsa may sakto ana. you may allege it as one of your affirmative
defenses in your answer. So that the other cases Now, splitting of cause of action is prohibited.
Equity is a remedy outside the law. filed may be dismissed. Dili pwede nga usa ka cause of action daghanun
nimu ug kaso. But joining causes of action, for
A party may not institute more than one suit for a Kani siyang splitting a cause of action, litis
example if you have five causes of action you
single cause of action. One cause of action there pendetia ug res judicata daghan ug kaso ani nga
may join it in just one complaint.
should only be one case for a single cause of ni abot ngadto sa Supreme Court. So how do you
action. If you file 2 cases for a single cause of determine that this case is the same as the other So for example si D nangutang ngaring C then
action then that could be subjected to a motion case? Unsaun ma na pag determine nga kaning shall we say pirmero nyang utang way back 2010
to dismiss. You call it Splitting a cause of kaso nga gi file pareho ra ni sa katong kaso nga nangutang siya ug 300,000 then sometime in
action. gi file na. 2011 nangutang sad siya ug 200,000. Nagbalay
ma ni siya. Unya kuwangan ra. Just this year
SEC. 4. Splitting a single cause of action; BANGKO DE ORO APCI INC VS. DAGUNA,
katong January 2012 nangutang na sad siya ug
effect of. - If two or more suits are OCTOBER 31, 2008
another 200,000. This is payable in one month
instituted on the basis of the same cause of
Now the test of identity of caused of for example. How many contracts of loan that D
action, the filing of one or a judgment upon
action lies on whether the same evidence has entered with C. There are 3. So supposed to
the merits in any one is available as a
would support and establish the former and be 2010 would be one case, 2011 usa ka kaso,
ground for the dismissal of the others. the present causes of action. If the same 2012 usa ka kaso so C is allowed to file 3 cases
body of evidence would sustain both actions, because each contract of loan has one cause of
For example ejectment, dunay wa maka abang sa the two descend from the same cause of
balay nga imung gipa abangan. So duna kay action. Now, under Sec. 5 a party is allowed to
action. So kung pareho ra gani ug ebidensya,
join his causes of action. So in other words these
Page | 15
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

causes of action could just be joined in one  Note there is no limit. It can be as many is one rule. The joinder of the causes of action
complaint and you call it joining of causes of causes of action as he may have against shall not include special civil actions.
action. an opposing party.
 By the way this is permissive joinder. c) Where the causes of action are
As far as joining of causes of action is concerned Permissive you mean to say Mr. C may between the same parties but
there is no problem kung 1 plaintiff ug 1 choose to separate his cases becauses pertain to different venues or
defendant. You can join your causes of action this is only permissive this is not jurisdictions, the joinder may be
even if the transactions are different. You notice compulsory. allowed in the Regional Trial Court
that there are 3 different transactions here in our  One rule that should be followed is provided one of the causes of action
example. 1 transaction in 2010, 1 loan comply with the rules on joinder of falls within the jurisdiction of said
transaction in 2011 and in January 2012 1 cause parties if there are other parties joined. court and the venue lies therein; and
of action. There is no problem you can join them
just in one complaint. a) The party joining the causes of  Dunay Bar Question. For example gibutang
action shall comply with the rules on nato nga dili tanan money claims. C gawas
Then you might ask in that instance in what court joinder of parties; nga duna siyay money claim gusto pud siya
should the case be filed? Now you apply the so  In our example si C ug si D usa ra nga mu recover ug piece of property. Mr. P a
called totality rule. You add all the amount of man sila dili mu apply ang rule a. resident of Manila filed a complaint against
the claims. Example 700,000 so this should be D resident of Iloilo in RTC Manila. The
filed in the RTC. b) The joinder shall not include special
complaint joint 2 causes of action. One for
civil actions or actions governed by
collection of 500,000 and the other for
Pero ug iya na siyang tinagsaun. Usa ka kaso sa special rules;
recovery of title over real property with
2010, usa ka kaso 2011, usa ka kaso 2012 then  Sa ato pa for example gawas nga wala
assessed value of 200,000.
each of these cases should be filed with the first makabayad sa utang si D, si D pud wala pud
 Ang usa ka kaso ani mu involve sa MTC ang
level court. maka abang sa iyang gipuy-an nga gipanag
usa sa RTC. So for example si C taga Cebu
iya ni C. Money claims. Unya sa abang sa
City si D taga Tagbilaran. There is a parcel
One defendant – One plaintiff dili kaayo libog balay collectahunon ni C kay 200,000. So,
of land in Tagbilaran owned by C unya gi
because you can join your causes of action even pwede ba e apil na lang niya ang pagpa eject
angkon ni siya ni D. This parcel of land is in
if your transactions are different. Now there is a ni D? Allege that D is also renting a house
Tagbilaran owned by C but claimed also by
later problem if aside from causes of action the owned by the plaintiff at a monthly rental of
D. Let us say for example that the assessed
complaint would involve joinder of parties. 50,000 a month that for 8 months now the
value of this property is 20,000. Then aside
defendant failed to pay the monthly rentals
So for example si C na na siyay kauban or si D from that C has collectible from D in the
amounting to 200,000. Despite demands he
dunay kauban nangutang so dunay joint debtor. amount of 500,000. So C has 2 causes of
still failed to pay his rentals. WHEREFORE, it
So for example aside from D naa si E. Aw na nay action, 1 for money claim of 500,000 and
most respectfully prayed from this Honorable
problema diha. Let us know the rules first. 2nd recovery of possession. Ibutang nato
Court that the defendant be ordered to pay
nga ejectment ni siya nga napan-us. Di ba
the amount of 700,000 representing the loans
SEC. 5. – Joinder of causes of action. – A ang ejectment ug napan-us na siya pwede
party may in one pleading assert, in the that he obtained that from the plaintiff and he
ma na siya RTC pwede pud first level court.
should also be ordered to vacate that he
alternative or otherwise, as many causes of Now he filed a single complaint against D.
action as he may have against an opposing rented and to pay the arrears in rental in the
In one complaint money claim and at the
amount of 200,000. Pwede ba na?
party, subject to the following conditions: same time recovery of possession. He filed
 No. Because ejectment is a special civil
it in RTC Cebu City. Is there a proper joinder
action. It should not be joined. So necessarily
of causes of action? Should the causes of
C has to file another case for ejectment. That
action be separated?
Page | 16
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

 Again he filed it in one complaint. Money claimed shall be the test of  Meaning to say the different
claim for 500,000 and recovery of jurisdiction. causes of action should arise out
possession over a parcel of land with the  This is the totality rule. of the same transaction or series
assessed value of 20,000 in Tagbilaran. Is  When the causes of action is of transaction.
there a proper joinder of causes of action? mainly for money claim the total
 Pwede pa ni e complicate nimu for example claims shall be added in order to ii. There should be common question of law
a parcel of land is in Dumaguette and he determine which court should or fact.
filed a case in Cebu City and D is a resident have jurisdiction over the joint
of Tagbilaran. Is there a proper joinder of causes of action. iii. It should not violate the rules of venue
and jurisdiction.
causes of action? Look at rule (c).
 Where the causes of action are between the Now ari ta sa dunay 2 or more parties. Now if
there is joinder of causes of action and ni involve November 11, 2012 (Sunday)
same parties but pertain to different venues
or jurisdictions, the joinder may be allowed pa gyud ug 2 or more parties ang rule ana naa sa
Rule 3 Sec. 6.Kaning Rule 3 Sec. 6 nag hisgot ni Section 4. Splitting a single cause of action;
in the Regional Trial Court provided one of effect of. — If two or more suits are
the causes of action falls within the siya ug permissive joinder of parties. Ganiha
instituted on the basis of the same cause of
jurisdictin of said court and the venue lies joinder of causes of action. Karun gawas nga action, the filing of one or a judgment upon
therein. dunay joinder of cause of action duna pa juy the merits in any one is available as a
 So going back to the question is there joinder of parties. The parties joined could be the ground for the dismissal of the others.
proper joinder of causes of action? YES. same plaintiffs or the same defendants.
Because asa man ang na belong sa RTC diri? Section 5. Joinder of causes of action. — A
Rule 3 Sec. 6. Permissive joinder of party may in one pleading assert, in the
The money claim. As far as the money parties. – All persons in whom or alternative or otherwise, as many causes of
claim is concerned ari na siya sa RTC. Sakto against whom any right to relief in action as he may have against an opposing
ba nga diri na file sa RTC? Yes because as respect to or arising out of the same party, subject to the following conditions:
far as personal action is concerned it is at transaction or series of transactions is
the option of the plaintiff. Venue. It could alleged to exist, whether jointly,
(a) The party joining the causes of
be at the residence of the plaintiff or severally, or in the alternative, may
action shall comply with the rules on
except as otherwise provided in these
residence of the defendant. So venue is joinder of parties;
Rules, join as plaintiffs or be joined as
correct and jurisdiction is correct. defendants in one complaint, where
 Now recovery of possession is cognizable by any question of law or fact common to (b) The joinder shall not include
first level court. Under letter (c) when the all such plaintiffs or to all such special civil actions or actions
causes of action some of which is cognizable defendants may arise in the action; governed by special rules;
by RTC and the other by first level court the but the court may make such orders as
complaint where the cause of action are may be just to prevent any plaintiff or (c) Where the causes of action are
joined could be filed with the RTC that has defendant from being embarrrassed or between the same parties but
put to expense in connectin with any pertain to different venues or
the venue or jurisdiction over one of the
proceedings in which he may have no jurisdictions, the joinder may be
causes of action. In this case RTC Cebu City interest. allowed in the Regional Trial Court
has the venue as well as the jurisdiction provided one of the causes of action
over the money claim. There are 3 Requisites before you can join falls within the jurisdiction of said
parties. court and the venue lies therein; and
d) Where the claims in all the causes of
action are principally for recovery of i. The right to relief arises out of the same (d) Where the claims in all the
money, the aggregate amount transaction or series of transactions. causes action are principally for
recovery of money, the aggregate
Page | 17
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

amount claimed shall be the test of somewhere in section 6, dunay rules diha. There against A and B did not arise out of the
jurisdiction are three rules (under rule 3, sec. 6) same transaction. Do you follow?
a. Kung duna gani joinder of parties, the Pero kung pananglitan usa ra to,
We have learned that splitting causes of action is causes of action must arise out of the pananglitan si A ug si B nangutang, co-
strictly not allowed. In every action or case there same or series of transactions. maker (you have learned that in your civil
must be a cause of action. A cause of action Sa ato pa you cannot join causes of law). Co-maker silang duha, sila si A ug si
should be subjected only to one complaint. If for action involving joinder of parties, B, usa ra kapromissory note, silang duha
one cause of action, two or more complaints are different parties, if the causes of action nipirma, wa sila makabayad. Can Mr. C
filed then the same can be subjected to a motion do not arise out of the same transaction. file just one complaint against A and B?
to dismiss. Now, splitting a cause of action is not For example, Mr. A obtained a loan from The answer is YES. Why? Because the
allowed. But what the rules allow is joinder of Mr. C, creditor, in the amount of 300,000. causes of action just arise in the same
cause of action; however, there are rules to be Mr. B also obtained a loan in the amount transaction. Do you follow? If there is
followed .Under Rule 2, sec. 5 tells us the of 200,000 from Mr. C, another joinder of parties, one rule that you
rules to be followed: transaction. Now, can Mr. C file just one should know is that the cause or causes
1. A joinder should not include special civil complaint against Mr. A and Mr. B? So, si of action should arise out of the same or
actions. Mr. C dunay duha ka-cause of actions, wa series of transaction or occurrence.
Meaning to say only ordinary civil action ma sila kabayad. Duna sya’y cause of b. Then another, as far as joinder of
can be joined. action against Mr. A, 300,000; duna pud parties is concerned, it must involved the
2. Then another , where the causes of action are sya’y cause of action kay Mr. B kay wa same question of law or same question of
between the same parties but pertain to different pud mubayad. facts.
venues or jurisdiction, the joinder may be allowed So, can Mr.C just join these two causes of When we say question of facts,
in the RTC, provided that one of the causes of actions involving two defendants? Can meaning the same evidence will be used.
actions falls within the jurisdiction of said court there be proper joinder of parties c. And that another rule: is that it should
and as well as the venue lies therein. involving these two causes of actions? not violate venue and jurisdiction, the
So, sa ato pa duna kay cause of action, Kung panaglitan usa ra kacomplaint ang rule on venue and jurisdiction.
usa cognizable sa MTC and the other one is i-file ni C, nya i-join nya ning duha: C vs.
cognizable by RTC, you can join the two causes of A and B. So there is now a joinder of So, requisites again for joinder of parties. Kaning
action in the RTC provided that the jurisdiction as paties, nya deri sa iyang complaint iyang joinder of parties mao ning ingon nako katong
well as the venue...Jurisdiction as well as the i-alleged nga si Mr. A nikuha niya ug niagi medyo nay gamay na confusion, kay
venue are within the RTC. 300,000 on such date and when due date nganong duna may daghang rules na imong i-
3. And another rule, where the claims in all the came he failed to pay despite demands, observe. So, there are three rules under Rule 3,
causes of action are principally for recovery of then another nasad on such date Mr. B sec. 6, REQUISITES:
money, the total amount shall determine the obtained a loan on due date he did not 1. the cause of action or causes of action must
jurisdiction. pay despite demands. So, iya lang gi-join arise out of the same or series of transaction and
diha. So, prayer: wherefore it is most there must be common question of law or facts.
And aside from joinder of causes of action you respectfully pray on this honourable court 2. and that the joinder of parties, plus imo pajud
also join other parties. For example, there are that after hearing Mr. A be ordered to pay gi-join ang causes of action, should not violate
two or more plaintiffs or there two or more 300,000 plus interest, Attorney’s fees, the rule on venue and jurisdiction.
defendants, you called this joinder of parties . etc.; another Mr. B be ordered to pay Pananglitan, duna ka’y yuta, unya
You can join the parties, provided that the rules 200,000 plus interest, etc. daghan kaayo namuyo kay dili lagi ka tig-adtuan
on joinder of parties are also observed. So, duha So, now question: is there proper joinder sa imu yuta. Daghan kayo namuyo, ubutang nato
na ka rules, kung gi-joined pa ninyo ang causes of parties?? Now the answer is NO. Why? mga 20 families na gapuyo sa imong yuta. Lain-
of action plus gi-join pa ninyo ang mga parties, Because one rule that you should lain sila ga-occupy, alangan patung-patungon
you have to follow the rules on joinder of causes observe, if there is joinder of parties, is nila ang ila balay, so payag diri, payag didto,
of action plus you also follow the rules on joinder that the causes of action must arise out payag diha... pak! Now you file just one
of parties. Then you might ask, “asa man ato ang of the same transaction or occurrence or complaint against the 20 families, complaint for
rules sa joinder of parties?” Tua didto sa Rule 3, series of transactions. Here, that rule is ejectment, forcible entry. So, let us say you are
not followed because the causes of action Mr. C and you file ejectment against 20 families.
Page | 18
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Question: is there proper joinder of parties or is 300,000. And this complaint should be filed counter-claim, the cross-defendant, or the
there a need for you to file one complaint against before the first level court. third (fourth, etc.) — party defendant.
every family? Is there a need for you to file one
complaint for ejectment for each and every Section 6. Misjoinder of causes of action. — PARTIES TO CIVIL ACTIONS
family and therefore you are going to file 20 Misjoinder of causes of action is not a Who can be parties?
complaints for ejectment or would it be just ground for dismissal of an action. A Now as far as Civil cases are concern, there are
proper to prepare one complaint and file one misjoined cause of action may, on motion of two parties, the plaintiff and the defendant.
complaint against all the 20 families?? Now, the a party or on the initiative of the court, be
answer is there would be a proper joinder of severed and proceeded with separately
Kung Criminal case, ang tawag sa mukiha,
parties. Why? Because:
plaintiff gihapon: People of the Philippines. Unya
1. There is a common question of law Misjoinder of causes of action
ang gikiha ang tawag niya is accused. Although
which is possession or common question of facts If there is a misjoinder of causes of action it
mga karaan na mga kaso, ang accused tawgon
2. And that it arises from the same cannot not be a ground for dismissal of action.
gIhapong defendant (karaang mga kaso katong
transaction or occurrence. Except, dunay exception ani. Except, when there
mga 1950’s). Makasugat ka ug criminal cases na
By the way, transaction would also is a violation of venue or of jurisdiction. Nakita
ang gitawag sa accused is defendant, so if
involved occurrence. So, you can just file one niyo dri sa ato example nga na-misjoin ang
mugamit ka karon ug “defendant” sa ato pa
complaint for ejectment against all these families causes of action. Although the general rule is it
karaan kang tawo. So, kung criminal cases gali
and there is proper joinder of parties. cannot be ground for dismissal of action, but
ayaw gamit ug “defendant”, kai nagpasabot raka
since there is misjoinder of causes of action that
na karaang tawo ka.
And so, in our example earlier, katong example could be a subject of a motion to dismiss on the
nato ganiha: Diba si Mr. A nangutang ug 300,000 ground of lack of jurisdiction. But the general rule
ngadto ni C, si B nangutang ug 200,000, silang is that misjoinder of causes of action cannot be Whereas if it is Special Proceedings gani, ang
duha wala kabayad iyang gi-join, nahimong ground for dismissal. However, the court may parties ana gitawag ug petioner and
500,000. Do you follow? Ug ni-file nya didto sa order that the misjoined causes of action being respondent.
RTC.So, question nato ganiha, is there proper separated or severed.
joinder of causes of action and parties? The Then what could be the remedy? Unsay remedy Under section 1, only nature or juridical
answer is NO, because when there is joinder of nimu ana kung gusto jud ka nag dunganon, dili persons.
party the cause or causes of action must arise of man pud pwede sa isa ka-complaint, unya gusto
the same or series of transaction: that is one jud ka na usahon ra, dunganon ang hearing? You Nakakuha naman mo ug Corporation Law, you
rule! Now, here you notice that causes of can ask for consolidation of cases. Under Rule 31, already know what is natural or juridical person.
action did not arise out of the same or series of you can ask the court for consolidation. Juridical persons, as what you have learned, dili
transaction. The transaction involving A is Okey, let’s go now to Rule 3 jud ni sila mga tawo, mga dili ni ingon nato. They
different from that of B. Kanang mga question are not really persons but they are considered by
manganak man na, manganak man nya unya. law as persons. Mao nang gitawag sila nga
RULE 3
Primero pangutana, is there a proper joinder of juridical persons. When you say juridical person
parties? Of course NO! Then, follow up question: meaning they are duly registered with the
if you where the counsel for either A or B, what Parties to Civil Actions Security and Exchange Commission or other
will be your defense or what will be your ground government agencies.
for the dismissal of the action? Your ground will Section 1. Who may be parties; plaintiff and
be, you can file a motion to dismiss on the defendant. — Only natural or juridical So, Natural persons, juridical persons or entities
ground of lack of jurisdiction. Why lack of persons, or entities authorized by law may authorized by law. Dunay mga entities nga dili
jurisdiction? Why is it the RTC does not have be parties in a civil action. The term nimu matawag na natural person, di pud nimu
jurisdiction over the complaint, ni-abot man na "plaintiff" may refer to the claiming party, matawag bga juridical person BUT this rules of
siya ug 500,000? RTC does not have jurisdiction the counter-claimant, the cross-claimant, or court allow them to file a case. Then you might
because there is no proper joinder of causes of the third (fourth, etc.) — party plaintiff. The ask, “ unsa man ning mga entities na dili natural
action. There should be two complaints: one term "defendant" may refer to the original person, dili pud juridical person pero maka-file ug
complaint for 200,000 and one complaint for defending party, the defendant in a kaso? Example, kanang Estate, kana bitaw
mamatay na duna sila’y mga properties, dunay
Page | 19
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

executor, dunay administrator. Now, dili man na prosecuted or defended in the name of the S. So, unless otherwise authorized by law or this
nimu sila marehistro, pwede sila ka-file ug kaso, real party in interest. rule, every action must be prosecuted or
pwede sad nimu sila mafile-an ug kaso. So that is defended by a real party in interest.
an example of an entity authorized by law. So, Then PARTIES IN INTEREST
may be a party in a civil action. So, in our example bisag si Mr. S tua didto sa
A real party in interest is the party who stands abroad pwede gihapon siya ka-file ug kaso.
The term plaintiff refers to the claiming party or to be benefited or injured by the judgement in Unsaon man niya pag-file ug kaso? Iya lang i-
the counter claimant or the cross claimant or the the suit, or the party entitled to the avails of the authorized si Mr. F, ang iyang papa. Mu-execute
third party plaintiff. While the defendant may suit. siya ug special power of attorney unya iya i-
refer to the original defending party, defendants authorized iya papa sa pag-file sa kaso for and in
in a counter claim, cross claim defendant or third General rule: Only a real party in interest should behalf of Mr. S. Every action must be prosecuted
party defendant. be a party to a case. in the name “of” not “by the real”, lahi man na
ang “by the real party in interest” ug “in the
Another example of entity that could file a case name”. So, pwede raw a siya deri unya mu-
Kinsa man ning real party in interest? He is
or could be a party to a case, kanang sa mga maintain siya ug kaso “in his name”.
the party who stands to be benefited or affected
labor unions, they can sue and they can be sued. or injured by the judgment.
In Corporation law, nakahinumdom mo na Section 3. Representatives as parties. —
kanang grupo sa mga tawo who pretended to be Where the action is allowed to be
Pananglitan nangutang ka ni S, unya si S niadto
a corporation when they are not, they are not prosecuted and defended by a
didto sa abroad kay doctor man ta to sya nya
registered. Pwede na sila ikiha, dili na sila kakiha representative or someone acting in a
nahimong nurse adto sa abroad. Nya lagi tua
as corporation but pwede sila ikiha as fiduciary capacity, the beneficiary shall be
man to siya sa abroad, ang imong utang ni-due
corporation. They can be sued as a coporation, included in the title of the case and shall be
na kay one year ra gud. Mao to si F (ang papa)
although actually they are not registered as a deemed to be the real property in interest.
mao nalang ang nag-file ug case batok nimu.
corporation. They cannot be sued as a A representative may be a trustee of an
Nagpost man gud ug message didto sa twitter,
corporation but they can be sued because they expert trust, a guardian, an executor or
ingon sya nga “Tay, ikaw nlang bahala diha nang
are estopped. Then sa iyo Corporation Code administrator, or a party authorized by law
akong utang, utangan raba si X nako”. Mao to na
naka-come across mo anang term na corporation or these Rules. An agent acting in his own
gi-file.an ni F ug kaso. So, question: is F
Sole, diba? Unsa man nang Corporation Sole? name and for the benefit of an undisclosed
considered a real party in interest in the case?
Simbahan, usa ra kabuok: ang Cardinal ra. But it principal may sue or be sued without
The answer is NO! He has no interest. Unsa man
can sue and be sued. joining the principal except when the
diay nang meaning sa real party in inerest? He is
contract involves things belonging to the
the party who stands to be benefited or
What would be the remedy if a complaint is filed principal.
prejudiced by the judgement. Although he is the
by a plaintiff who does not possess a capacity to father but he is not the real party in interest. So,
sue? Unsa man imu remedy kung pananaglitan unless Mr. S would execute special power of What about a minor?
dunay grupo sa mga tawo na mukiha as a attorney authorizing F, his father, to file the case
corporation pero dili registered? Pananglitan si A, then the case would be dismissed. Unsa man sad Can a minor file a case? Look at Sec. 3,
B, C, D,E, lima sila kabuok ni-file sila ug kaso as a imu ground pagpadimiss ana? Lack of legal representative parties. For example nabiktima ka
corporation pero dili diay sila registered. Unsa’y capacity to sue? Dili, kay of legal age naman si F. ug hit and run sa imong uyab, gi-hit ka...dagan
imu remedy ana? You can file a motion to dismiss Unsa man? Failure to state a cause of action, dayon. So, wa muhatag ug support. Ikaw mismo,
on the ground that the plaintiff does not have because F does not have any cause of action can you file an action for support against your
legal capacity to sue. against you. boyfriend? Dili! Kai dili man obligado imong
boyfriend pag-support nimu. But how about your
Section 2. Parties in interest. — A real party Kung pananglitan mu-execute ug special power child, pwede ba siya ka file for support? YES. But
in interest is the party who stands to be of attorney si S in favour of his own father, pwede the problem is bata pa man nah imong anak.
benefited or injured by the judgment in the ba nimu ipadismiss ang kaso? Ah dili, kay si F Unsaon man na niya pag atubang sa korte? You
suit, or the party entitled to the avails of duly authorized man to file because F is not filing can file the case for and in behalf of your child.
the suit. Unless otherwise authorized by the case in his own name but in the name of Mr.
law or these Rules, every action must be
Page | 20
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

So, where the action is allowed to prosecuted or beneficial party (kinsa katong real party in Under section 4, the husband and the wife shall
defended (under Sec. 3) by a representative or interest) must be mentioned. Dili na nimu sue and be sued jointly, except as otherwise
by someone acting by a fiduciary capacity the butangan ug “nephews and nieces”. Kinsa man provided by the law.
beneficiary shall be included in the title of the nang nephewha ug mga nieces nimu?! Unya,
case and shall be deemed to be the real party in kung pananglitan dunay counterclaim, kung General rule: husband and wife shall sue. Kung
interest. A representative may be in trustee of an madismiss uroy tong kaso kay baseless, kinsa sila’y plaintiff, silang duha ang mu-sue. Kung sila
express trust, a guardian, an executor or man ang pangayuan ug damages?? Muangkon ang defendant, silang duha pud. Why? Ngano
administrator, or a party authorized by law or diay to sila na gi-athorized siya (Juan dela Cruz)? mang kung mukiha sila or ikiha nimu sila, ang
these Rules. An agent acting on his behalf or for “Uy, wa mi kabalo na ni-file siya ug kaso!” Mao asawa i-apil man nimu ang bana? Because under
the benefit of undisclosed principal may sue or nang hinundan nganong ipa-mention gyud kung the Family Code or under the Civil Code they are
be sued without joining the principal except when kinsa nang nangiha. Do you follow? co-administrators of their properties. So, kung
the contract involves things belonging to the plaintiff sila nganong silang duha pud? Tungod
principal. Actually tua ni sa iyo Legal Forms, mu-connect ni kay kung dunay counter claim, unya mu-prosper
sa inyong Legal Forms. So, kung representative tong counter claim wala na-join ang husband or
So, kung dili ka ka-file pwede ra ka mu-athorized. gani, if you just representing, the person whom wife, then dili ma-enforce tong judgment. But are
Katong imu gi-authorized, he will be considered you are representing must be mentioned (kinsa there cases where the husband or the wife alone
as a representative party. Meaning he is not man ang imu gi-representahan?). can file the case? YES, naa na (except as
really the party in interest but he is just a provided by law). For example in what instance
representative of the real party interest. But in Can a labor union file a case? YES. Unya wa man allow just one of them to file or be sued? For
the title of the case the name of the real party in na’y kamot ang union, kinsa man ang mu-file? example, when there is separation of property or
interest should be included. So, for example ang Katong duly authorized, just like a corporation, properties between the spouses. When there is
the real party in interest is Mr. S, unya si Mr. F ang corporation wa man na’y kamot. So, the duly separation of properties or when the case
ang ni-file. So ibutang didto: S represented by Mr. authorized mao nang mupirma sa complaint. involves property of spouse which can be
F ,his attorney infact. Or (pwede na i-ramble considered as her or his exclusive property then
nimu ) F for or in behalf of S. So, the name of the Nahinumdum mo tong usa kabuta bitaw nga naa he or she alone can file the case.
real party in interest shall be mentioned. And the duol sa diha sa Sto. Rosario, nangayo ug limos.
capacity of the representative should also be Diay taga San Jose unya padung to sa Finals, nya Now, take note that none joinder of the husband
alleged by what authority he is filing the case. lagi nakuyawan siya sa finals basin nya or the wife, kung mahitabo na angay unta sila i-
So, ibutang jud na didto “duly authorized”. Unya mahagbong mao to arong makapangayo siya ug join pero wa sila majoin, take note that none
i-attached nimu ang special power of attorney idoluhensiya sa Ginoo, nilimos. Unya dako jud iya joinder of a spouse cannot be a subject of a
(copy of the special power of attorney). gilimos, dyes (kanang coins bitaw, kana bitaw motion to dismiss. Then what should the court
sinsiyo). So gi-baynte jud niyos, duha katag dyes. do when the court noticed that the husband or
Diha usa kakaso gi-file sa korte, gibutang didto: Unya paghatag niya sa buta wa maayong the wife is not impleaded? The court nay order
“recovery of ownership and possession”, unya pagkasaho sa buta, ang isa ka-dyes nikariring the party concerned to implead the
gibutang didto: “Juan dela Cruz for and in behalf didto...iya gi-obserbahan nitindog man ang buta, husband or the wife.
of himself and his nephew and nieces”. Sakto ba? gisunod man ang dyes. Iya giduol, “pagtug-an sa
Lima man gud sila kamanag igsuon, siya nalang tinuod, di ka buta noh?” “bitaw sir di bitaw ko Section 5. Minor or incompetent persons. —
ang buhi, unya nag iyang mga igsuon patay na buta, nagrepresentar ko sa tinud-anay gyong A minor or a person alleged to be
pero naay mga anak. Ang ilang yuta gi-angkon ug buta.” “Asa gyud diay ang tinud-anay na buta?” incompetent, may sue or be sued with the
lain, kato bang yuta sa ilang ginikanan ni Juan Ingon siya, “tu-a pa, tan-aw ug sine sa SM”. assistance of his father, mother, guardian,
dela Cruz. So, ni-file siya ug recovery of or if he has none, a guardian ad litem.
ownership and possession, unya gibutang didto Section 4. Spouses as parties. — Husband
sa compliant, “Juan dela Cruz for and in behalf of and wife shall sue or be sued jointly, except Involving a minor. So, a minor or person alleged
himself and of his nephews and nieces”. Sakto as provided by law. to be incompetent may sue or be sued with the
ba? The answer is NO! Why? Because: (1) he is assistance of his father, mother or guardian, if he
not duly authorized, his nephews and nieces did has none, a guardian ad litem. So, can your
SPOUSES AS PARTIES
not execute special power of attorney; (2) minor son or child file for support against his
another, the rules require that the names of the father? The answer is YES. If you are not married,
Page | 21
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

you can file against the father of your son. Your We a have already discussed the rules on joiner defendant. Kanus-a man na siya mu-complicate?
son can file a can file a case but since your son is of causes of action. So, usbon nato wa kaayo Kung pananglitan mu-involve na to ug recovery
still a minor you can represent the minor because problema kung usa ka-plaintiff ug usa ka- of possession na dili na money claim, unya mu-
under the family code you are the legal custodian defendant. When there is only one plaintiff involve ug different jurisdiction, thus mu-
of your child. There’s no need for court and only one defendant you do not follow complicate. So, you have to follow katong isa
appointment. Pero kung kasal mong duha, unya the rule that the causes of action must nasad ka-rule: that in case one action, one action
nagbuwag mo sa inyong bana, ang bana dili arise out of the same transaction. Why? is cognizable sa MTC and the other one is
muhatag ug support, you are also entitled to Because that rule is required only to be followed cognizable by the RTC, you file the case before
support and your children is also entitled to if there are joinder of parties. So, in other words RTC, provided that the rule on venue and
support. So, you can file a case for support for one plaintiff, one defendant: there could be jurisdiction (dili “or” ha), fall within the
yourself as well as in behalf of your child or different causes of action even if these causes of jurisdiction within the RTC.
children. action arise of different causes of action.
Kanang rules on causes of action and rule on
Ang imu bata pwede ba makiha? Pwede! Imong For example: joinder of the parties kadaghan kana nigawas sa
bata nakasa, unya under criminal nakadunggab bar. Sa ato kay kadaghan na nigawas sa bar, inyo
simba ko. File-an siya ug civil kay dili man siya C= creditor kanang siguruon
criminally liable. Pwede nimu ikiha apil ang
ginikanan. D= debtor Section 7. Compulsory joinder of
Niadtong 2010, nakautang si D ug 200,000. indispensable parties. — Parties in interest
Section 6. Permissive joinder of parties. —
All persons in whom or against whom any Pagaka 2011, nakautang nasad si D. Lain na sad without whom no final determination can be
right to relief in respect to or arising out of na promissory note, nipirma nasad siya another had of an action shall be joined either as
the same transaction or series of 300,000.
transactions is alleged to exist, whether plaintiffs or defendants.
jointly, severally, or in the alternative, may, Pila naman ka promissory note ang gipirmahan ni
except as otherwise provided in these D? Duha. Unaya, niining duha wa gyud niya Then compulsory, in section 6 that is about
Rules, join as plaintiffs or be joined as mabayri bisag usa . So, gi-file.an siya ug kaso ni permissive.
defendants in one complaint, where any C. Pwede ban a katong utang ni D katong 2010
question of law or fact common to all such ug katong 2011, 200k ug 300k, pwede ba nga
plaintiffs or to all such defendants may But there are instances that there should be
usa ra to ka kiha? Yes, because if there is only
arise in the action; but the court may make compulsory joinder of parties, dunay pinug-
one plaintiff and one defendant, you do not follow
such orders as may be just to prevent any sanay na i-join jud nimu. In what instance? When
the rule on joinder of parties.
plaintiff or defendant from being the parties in interest are considered
embarrassed or put to expense in indispensable parties.
Usa sa mga rules sa joinder of parties that the
connection with any proceedings in which cause or causes of action must arise out of the
he may have no interest. same transaction. In the problem given since Then what do you mean by indispensable part
there is no joinder of parties, it is not necessary or parties? He is a party in interest without
Section 6, we had discussed this already. Joinder the causes of action must arise out of the same whom no final determination can be had and so
of parties. You call this permissive joinder of transaction. And so you can apply the TOTALITY he or they should be joint either as plaintiffs or
parties. RULE. defendants. No final determination can be had,
So asa man i-file ni C ang iya kaso? RTC, because meaning there is no valid judgment if this person
you can apply now the totality rule, you add all cannot be pleaded either as a party plaintiff or as
Permissive, in the sense that it is not really
the claims. Since the claims out of the join a party defendant.
compulsory to join parties. You can file a separate
action against the different parties but if the causes of action, his total claims reached
requirements under section 6 and under section 500,000, then he to file the case with the RTC. Example of a case where there can be no
5, Rule 2 are complied with, then you can join the indispensable party, for example partition.
parties. Pero magbantay mo ana dunay maga higayon na Namatay imu ginikanan, nagbilin ug usa ka
complicate nang usa ka-plaintiff ug usa ka- hekyarya nga yuta. Lima mo kabuok: si A, si B, si
Page | 22
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

C, si D ug si E. Unya, usahay kaning mga igsu-on determination or settlement of the claim subject So for example A and B obtained a joint
dunay bintihador ana kay na-anad man sa buhi of the action. Kaning necessary party lahi ni sa obligation from C. so the obligation of A would
pang ginikanan na inig pasko ang tanang sapatos indispensable because if a party considered as only be 150,000 whereas kang B is 150,000 kay
apilan pa jud ug karsunis ( kay liwat man sa papa indispensable it is compulsory that he be joined.
joint man sila. Pero kung solidary, then ang
na pinalabi). Inig kamatay na sa papa nagtu-o So there should be a compulsory joinder if that
sad siya na mapinalabi sad siya, so iyahon na party is indispensable. obligation ni A could be 300,000 also that of B.
niya tanang katigayunan dili manhatag sa mga do you follow?
ig-suon. So, kaning usa kahektarya siya ra jud Sec. 8: NECESSARY PARTY In a joint obligation, if (like in our
ang naka-uma, wa manghatag ug bahin. So, example) one of the debtors is not included in a
unsa’y buhaton ning upat, si A,B ug C? Sagdan case okay ra na because he is only considered as
Section 8. Necessary party. — A
lang, anyway igsuon bitaw nila na? Mag-harvest a necessary party. So for example if C would file a
si E, magtan-aw ra jud silang upat. “kanindot ni necessary party is one who is not
indispensable but who ought to be joined case against A, he could only claim up to
E, nang harvest na sad”. Unya sng lubi ron mahal
ra ba ang kilo, sila tawon nagsud-an ra ug buwad. as a party if complete relief is to be 150,000. Okay ra ba? Yes because Mr. B is
Unsa man ang buhaton ana nila? They could file accorded as to those already parties, or for considered as a necessary party. However in
a case for partition against E. “Manoy ato nang a complete determination or settlement of order to have a complete relief (para ma konpleto
bahinon manoy”. “Unsay bahinon, nay sanggot the claim subject of the action. jud kay 300,000 baya ang panilngunon ni C aron
nako diri ai”. So niingon si A, “ah, maayo ani wala nay laing kaso pa) it would be advisable
bahinon”. Unya dili man musugot si E. Nindot that B will just be joined because B is considered
man unta to na magkasinabot ra. Di man pwede Kaning necessary party lahi ni siya sa
Indispensable because if a party is considered as as a necessary party.
magsinabot, so adto gyud sila sa court. Ang
problema ana kay si D, paparts man sad sila ni E indispensable, he should be joined. It is
so okey rasad na di siya bahinan. Ingon siya, “ah, compulsory that he should be joined so there Sec 9: NON-JOINDER OF NECESSARY
di lang ko apil-apil sa inyong gubot oi”. So, should be a compulsory joiner if that party is PARTIES TO BE PLEADED.
unsaon man ni ron nga ang interesado na mu-file indispensable.
ug kaso kai si A, B, C ra man? Unsaon man ni ron Section 9. Non-joinder of necessary
Whereas a necessary party is different
si D? Now, take note kani siya this is an action for parties to be pleaded. — Whenever in any
partition, there can be no valid judgement unless from an indispensable party. Why? Because even
pleading in which a claim is asserted a
all of these heirs will be joined in one complaint. if a necessary party is not impleaded or if not
necessary party is not joined, the pleader
DIi man pwede na silang upat magbahin, included in the case that judgment would still be shall set forth his name, if known, and shall
kinahanglan jud silang lima. So, unsaon man n valid unlike in an indispensable party wherein the state why he is omitted. Should the court
iron? Now kung dili gud musugot si D na adto nila judgment would be void. find the reason for the omission
mu-apil, then D should be included as defendant, Although a necessary party may not be unmeritorious, it may order the inclusion of
you called it unwilling plaintiff. He should be the omitted necessary party if jurisdiction
impleaded in a case but in order to have a
included as a defendant. Kung dili siya as a over his person may be obtained.
plaintiff, dili man kaha siya musugot as kihante complete relief in a case or so that there could be
The failure to comply with the order for his
then i-apil siya ug kiha becuase he is considered no multiplicity of suits the Court may require that inclusion, without justifiable cause, shall be
as indispensable party. a necessary party be impleaded. deemed a waiver of the claim against such
Then you could ask, can you give us an party.
What do you mean by an indispensable party? example of a necessary party? Yes. The non-inclusion of a necessary party does
Indispensable party is a real party in interest For example: not prevent the court from proceeding in
without whom no final determination can be had the action, and the judgment rendered
Si A ug si B nanghulam ug kwarta
in an action. therein shall be without prejudice to the
ngadto kang C. Joint obligation and not solidary.
rights of such necessary party.
Now, necessary party is a party who is not Kahinumdum pa mo kadtong joint and solidary
considered as indispensable but ought to be join obligation ninyo? Solidary, mura ni siya ug Unsa toy hinungdan? Necessary party
as a party if complete relief is to be accorded as conspiracy, the obligation of one is obligation of lang man kaha siya unya nganong mas mayo
to those compulsory parties or for a complete all. Whereas kaning joint, iya2x sila. man nga i-apil siya? In order to avoid multiplicity
Page | 23
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

of suits. Mao pod na ang katarongan why is it As regards to misjoinder and non-joinder to comply with the order of the Court because
that joinder of causes of action and joinder of of parties, the same also cannot be a ground for failure to comply with the order of the Court is a
parties are allowed to avoid multiplicity of suits. motion to dismiss. ground for the dismissal of the case under Rule
So under first paragraph of Sec. 9, if the
Neither misjoinder nor non-joinder of 17…somewhere Rule 17, I think Sec. 2.
court finds that ah…jurisdiction over the person
of the necessary party could be obtained the parties is ground for dismissal of an action.
Court may order that such necessary party Parties may be dropped or added by order of the Sec 12: CLASS SUIT
should be included in the case in order to avoid court on motion of any party or on its own
multiplicity of suits. initiative at any stage the action and on such Section 12. Class suit. — When the
The failure to comply with the order for terms as are just. Any claim against a misjoined subject matter of the controversy is one of
his inclusion, without justifiable cause, shall be party may be severed and proceeded with common or general interest to many
deemed a waiver of the claim against such party.
separately. (Sec. 11, Rule 3) persons so numerous that it is
The non-inclusion of a necessary party
does not prevent the court from proceeding in For example: impracticable to join all as parties, a
the action, and the judgment rendered therein So in our example earlier, bothers A, B, number of them which the court finds to be
shall be without prejudice to the rights of such and C file a case against E without including D. sufficiently numerous and representative as
necessary party. (Sec. 9, Rule 3) sila nalang 3 maoy ni file batok ni E unya wala to fully protect the interests of all
In other words if a necessary party is not gyud nila gi-apil si D dili paintiff dili pod concerned may sue or defend for the
included, the proceedings can proceed. However defendant. In that situation can Mr. E ask for the benefit of all. Any party in interest shall
the judgment of that case cannot prejudice the
dismissal of the case for the non-joinder of Mr. D have the right to intervene to protect his
necessary party who is not included.
who is considered as an indispensable party? individual interest.
Sec 10: UNWILLING CO-PLAINTIFF Now the answer is NO. Because under the rules,
non-joinder of a party even if that party is an What do you mean by a class suit?
Section 10. Unwilling co-plaintiff. — If the indispensable party cannot be a ground for When the subject matter of the
consent of any party who should be joined dismissal of an action. controversy is one of common or general interest
as plaintiff can not be obtained, he may be So what should the Court do? If there is a to many persons so numerous that it is
made a defendant and the reason therefor
party that is ought to be joined the Court will impracticable to join all as parties, a number of
shall be stated in the complaint.
order that he should be joined. The Court will them which the court finds to be sufficiently
Sec 11: MISJOINDER AND NON-JOINDER OF order the party concerned. So in this case, the numerous and representative as to fully protect
PARTIES Court should order plaintiffs A, B, and C to amend the interests of all concerned may sue or defend
their complaint in order to include Mr. D. for the benefit of all…(Sec. 12, Rule 3)
Section 11. Misjoinder and non-joinder of Then what will happened if Mr. A, B, and You should be familiar with the requisites
parties. — Neither misjoinder nor non- C will not comply with the order of the court? Gi- of a class suit.
joinder of parties is ground for dismissal of
orderan sila nga ipa-apil jud si D. wala gyud sila What are the requisites of a class suit?
an action. Parties may be dropped or added
by order of the court on motion of any party maminaw kay naanad sa klase nga dili maminaw. 1. The subject matter of the
or on its own initiative at any stage the Unsa may buhaton sa Court? Then i-dismiss ang controversy is one of common or
action and on such terms as are just. Any kaso. general interest to many persons.
claim against a misjoined party may be Ingon nga ug mis-joinder ug non-joinder (VERY IMPORTANT!)
severed and proceeded with separately. dili pwede ma-dismiss, ma-dismiss man lagi? Ang
hinungdan nganung gi dismiss sa korte dili ang So there must be common general
Now, we have learn earlier that interest. Common and not separate. Common
wala pag-apil kundi ang wala pag tuman sa order
misjoinder of causes of action shall not result to interest.
sa Court. The ground of the dismissal of the case
the dismissal of the case. But the Court may 2. The parties affected are so
is ot because of the mis-joinder or the non-
order that the misjoined cause of action may just numerous that it would be
joinder of indispensable party but for the failure
be separated.
Page | 24
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

impractical to bring them all to common questions of law and facts. That is the ug “dawat2x”. Unya each member has to
Court. ruling of the SC in the case of Bulig2x Kita contribute certain amount. And then every
Kamag-anak Association Et al. vs. Sulpicio Sunday after mass, ½ of the collection will go to
Meaning the interested person. In that Line. May 19, 1989. the treasurer of the association and the other ½
subject matter, there are so many and it would Another case: Kani, kunuhay mga will be raffled off. Unya after several years,
be impractical for them to bring to court. informal settlers ni. Kani-adto kani sila tawgon ni midako na tong ilang pundo sa association. Unya
3. The party bringing the class suit are ug squatters. Pero karon ikiha ka kung tawagon kanang kwarta kay init man na. Some members
sufficiently numerous and can fully ni sila ug squatter. Ang tawag karon nila informal in behalf of some members decided to file a case
protect the interest of all concerned. settlers. Association called themselves as Sulo ng against the officers to render an accounting of all
Bayan an association of informal settlers the amounts.
Daghan kayo ni sila. There is common occupying the properties of Araneta. They Q: Is the suit filed by some
interest…usa ra…over the subject matter unya subdivided this large land. Gi-angkon2x nila. members for themselves and in behalf of the
daghan kayo ni sila and it would be impractical to Unya each member has a lot. Then the Sulo ng other members proper? Can it be considered as a
bring them all to court. Unya the Court will just Bayan file a case to annul the title of Araneta. class suit?
allow a portion of them…tungod sa ilang ka They claimed to be now the owners of the A: according to the SC, yes because
daghan, the Rules allow just some of them to file property. it would be impractical to require all members to
a case for and in behalf of all. Q: Was the case file in the name of appear in court. A number of them may sue for
For example: the real party in interest? Meaning, is the the benefit of all. the subject matter in the
remember that case of Sulpicio Lines. Dili association considered as the party in interest? controversy is one of common or general interest
kadtong bag-o. kadtong man siguro tong Dona A: According to the SC, the answer to all.
Paz. Then daghan kaayong mga nangamatay is NO because the association is not the one Another example of a case wherein the
adto. I think abot mga 3,000 ang mga namatay occupying the lot. The individual member should SC considered it as a class suit is that case of
ato. Unya, gawas nga daghang mga nangamatay be the plaintiff. Oposa vs. Factoran 224 SCRA 12. Are you
diha poy ni survive. Ang kadtong mga ni survive Q: Can it be considered as a class familiar with this ruling? Young children together
ni file ug kaso for themselves and in behalf of suit? with their parents filed a case against Sec.
those other survivors ug kadto pod mga relatives A: NO because each member is Factoran of DENR asking the court to order the
sa mga nangamatay. They filed a case as a class interested only on his own lot. He has no interest DENR to cancel all existing timber license
suit. on the lot of another. In other words, the number agreement to preserve all the remaining forest in
Q: Is that case appropriate for class one requisite of a class suit is not present the country. They (plaintiffs) say that they
suit? because the subject matter is not a common represent their generation and the generations
A: According to the Supreme Court, interest to all. what is proper is only joinder of yet unborn.
the answer is NO. Why? According to the SC, it’s parties. Sulo ng Bayan vs. Araneta, Inc. 72 Q: Is it a class suit?
because the survivors have no interest in the SCRA 347. A: YES. The personality of the
death of the other passengers. The interest is not minors to sue for the succeeding generations is
common but individual. Wala man kay labot Q: Are there cases decided by the in the concept of INTER GENERATIONAL
atong mga nangamatay. So kada paryente, iya2x SC wherein the Sc said that the same is RESPONSIBILITY. Every generation has a
nga interest. That important requisite that I told considered as a class suit? responsibility to preserve the ecology.
you that there must be common interest is not A: YES. Lain pa nga klase sa class suit kaning
present (in this case) because there is no One of these is the case of Borlaza vs. gitawag nato nga
common interest but individual interest. Polistico 47 Phil 345. In this case, a group of  TAXPAYER SUIT– is in a nature of a class
According to the SC, what is proper is people agreed themselves to form an association suit.
permissive joinder of parties because there is which they called Tornohang Polistico. Mura bitaw
Page | 25
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

 DERIVATIVE SUIT were not brought safely. Under the Transportation Section 15. Entity without juridical
Law, a common carrier is duty bound to bring personality as defendant. — When two or
This was asked in the bar once. their passenger to his destination using extra more persons not organized as an entity
Distinguish Class Suit from Derivative Suit? ordinary diligence. So you can file a case against with juridical personality enter into a
Derivative Suit – refers to a suit filed by the bus driver and the operator. You can also transaction, they may be sued under the
a minority stockholder in behalf of the entire implead as a defendant the driver or the owner of name by which they are generally or
corporation or of the other stockholders because the dump truck that caused the accident – commonly known.
intra-corporate remedy is unavailable. It is alternative defendants. You can joined any or all
provided by the Corporation Code. of them even if the right to relief against one We have discussed this earlier. This refers
Class suit by the ways is an exception to maybe inconsistent of the right to relief against to an entity without juridical personality. So, two
the rule. In case of doubt, the Court should not the other. or more persons who represented themselves to
allow class suit because the general rule is all be a corporation can be sued as a corporation.
parties must be included in the suit. Diha gud sa Sec 14: UNKNOWN IDENTITY OR NAME OF But such group of person cannot sue. They can
class suit, dili tanan e-included. Just a DEFENDANT be sued but cannot sue.
representative of the group. For example: adunay group sa mga tawo.
Under Sec. 12, any party in interest may Section 14. Unknown identity or name of They represent themselves to be duly registered
intervene to protect his individual interest. So defendant. — Whenever the identity or with the SEC unya mi enter ug transaction nimo
kadtong uban nga wala ma-apil pwede sila mo name of a defendant is unknown, he may be pwede nimo sila ikiha using the name that they
apil. sued as the unknown owner heir devisee, or are using…that they are representing to be. And
by such other designation as the case may in their answer, they should state or reveal all the
Sec. 13: ALTERNATIVE DEFENDANTS require, when his identity or true name is names and addresses of the persons composing
discovered, the pleading must be amended the said entity.
Section 13. Alternative defendants. — accordingly.
Where the plaintiff is uncertain against who Sec. 16: DEATH OF PARTY; DUTY OF
of several persons he is entitled to relief, Q: Can you file a case against an COUNSEL
he may join any or all of them as unknown defendant?
defendants in the alternative, although a A: YES. The Rules allow the plaintiff Section 16. Death of party; duty of
right to relief against one may be to file against an unidentified defendant. counsel. — Whenever a party to a pending
inconsistent with a right of relief against Foe example: Naglakaw ka unya action dies, and the claim is not thereby
the other. nadagitan ka ug reckless driver unya ang imo extinguished, it shall be the duty of his
nahibaw-an ang plate number lang. You can file a counsel to inform the court within thirty
Q: Can there be alternative case against the drive who is unknown. Ang (30) days after such death of the fact
defendants? problema lang niana unsaon nimo pag serve sa thereof, and to give the name and address
A: YES. Sec. 13 Rule 3 summons. Unya ibutang nato nga there could be of his legal representative or
For example you are riding or boarding a proper service od summons, unsaon man sad representatives. Failure of counsel to
passenger jeepney or passenger bus. While it is nimo pag claim sa imong daug kung mo daug ka? comply with his duty shall be a ground for
running, it was bumped by a speedy dump truck Unsaon man nimo pag enforce sa judgment? disciplinary action.
resulting to your injuries. The heirs of the deceased may be allowed
Q: kinsa may i-kiha nimo? Sec. 15: ENTITY WITHOUT JURIDICAL to be substituted for the deceased, without
A: You can file a case against the PERSONALITY AS DEFENDANT requiring the appointment of an executor or
passenger bus were you are boarding for a administrator and the court may appoint a
violation of or for breach of contract because you guardian ad litem for the minor heirs.
Page | 26
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

The court shall forthwith order said legal the executor or the heirs shall substitute for the Q: What is the purpose? What is the
representative or representatives to appear dead party. reason why the Court should order the heir or the
and be substituted within a period of thirty Q: What will happen if the lawyer representative of the estate to substitute?
(30) days from notice. fails to inform the Court? A: Because they will later on be
If no legal representative is named by the A: He can be subjected to affected by the judgment of the Court. Naliman
counsel for the deceased party, or if the disciplinary action. So that may involve ka kung mo daug ang plaintiff, ah kuhaon tong
one so named shall fail to appear within the disbarment. So you should take note of this. yuta unya ma deprive ilahang right of inheritance
specified period, the court may order the Q: Within what period that the over atong subject nga yuta.
opposing party, within a specified time to lawyer should inform the court regarding the Q: What will happen if the Court will
procure the appointment of an executor or death of his client? not be informed regarding the death of the party?
administrator for the estate of the A: Within 30 days after knowing For example defendant. Unsa may mahitabo
deceased and the latter shall immediately such death or after such death of his client. kung pananglitan namatay na ang defendant
appear for and on behalf of the deceased. Q: Then you might ask, is there a unya wala pa na inform ang Court?
The court charges in procuring such need to issue another summons to the heirs or to A: Now, the judgment will be
appointment, if defrayed by the opposing the representative of the estate? considered void.
party, may be recovered as costs. A: NO. There is no need to issue Q: why void? Does it mean that the
another summon. The Court will just issue an court lose jurisdiction over the case?
Sec. 16 is about a situation wherein a order directing them to substitute. A: NO. Ang hinungdan dili tungon
party dies either plaintiff or defendant. Now, NOTE: Substitution is only available kay mawagtangan ug jurisdiction ang court. Unsa
what will happen if a party dies either plaintiff or when the pending action involves a claim that is man diay ang hinungdan? Ang hinungdan nga
defendant? not extinguished. void ang decision sa Court is because there is
Kung mamatay gani nang imong Duna ba gud kaso nga kun mamatay ang denial of due process to the heirs who is affected
girepresentahan nga client, either plaintiff or plaintiff mamatay sad ang maong kaso? YES. by the decision.
defendant, ang inyong lawyer-client relationship Pananglitan specific performance. Pero nanag exception ana in the case of
ends. Unya kay wala na man moy lawyer-client Pananglitan gusto ka magpapintal sa imong Florendo vs. Coloma G.R. No. 60544. Unsa
relationship, unsa nalang jud ka duty ang imong hitsura unya wala siya mo pintal so gi file-lan man d I nahitabo aning Florendo vs. Coloma
nahabilin. You cannot anymore represent him nimo us specific performance kay gusto jud ka nganu man nga na valid man ang decision ani?
because he is already dead. Unsa naman lang ipapintal imong hitsura. Namatay man while the So in one case where the counsel failed to
imong duty? This is the only remaining duty you case is pending. What will happen to the case? comply with his duty under Sec. 16 to inform the
have. It is to inform the Court regarding the Aw wagtang sad because the claim against the court about the death of his client- the defendant
death of your client anf to give the court defendant does not survive. and whose substitution of such party who was
the names of his representatives (name of But suppose your case involves property affected by such judgment and proceeding
the executor or the administrator if any.) rights for example recovery of ownership. Imong therein are valid. If the action survive the death
Kung wala gani siyay executor or administrator, gifile-lan ug kaso ang defendant tungod kay of the party and such decision is binding upon his
then the names or the heirs. nangangkon sa imong yuta. Namatay ang successor in interest.
Q: Why is it you will give the court defendant. Mopadayon/ mo survive ba ang imong Unsa man diay nahitabo ining Florendo
the names and addresses of the representative? claim? YES. Dili na siya mo uban adtong Case?
A: Because the Court after defendant. So, kinsa naman roy imong kontra? The defendant died while the case is
informing…after being informed of the death or Ang imong mga kontra ang mga heir…ang mga pending on appeal in the Court of Appeals and
your client and stating therein the name of the children because they will be affected by your consequently involve only of a review of the
representative of the estate or the heirs, the claim. evidence presented in the participation of the
Court will have to order that the administrator or original party litigants. Also the binding effect of
Page | 27
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

the judgment in the ejectment case upon the  Actions to recover real or property Section 17. Death or separation of a
successors in interest are especially provided against the estate, party who is a public officer. — When a
for…so ang mahitabo niini…exception to the rule public officer is a party in an action in his
ni. Kay ngano man? Ang kaso nadecisionan na sa  Actions to enforce liens thereon official capacity and during its pendency
trial court unya namatay ang defendant only dies, resigns, or otherwise ceases to hold
when the case was already pending appeal  Actions to recover for an injury to a office, the action may be continued and
before the court of Appeals. person or property by reason of tort or maintained by or against his successor if,
So, usbon nato. The rule on delict committed by the deceased. within thirty (30) days after the successor
substitution of the heirs is not a matter of takes office or such time as may be granted
jurisdiction but a requirement of due The heirs of the deceased may be by the court, it is satisfactorily shown to
process. allowed to be substituted for the deceased, the court by any party that there is a
For example, namatay ang party without requiring the appointment of an executor substantial need for continuing or
defendant. Na inform ang court regarding the or administrator and the court may appoint a maintaining it and that the successor
death of the defendant as well as the…the Court guardian ad litem for the minor heirs. adopts or continues or threatens to adopt
also was supplied with names of the heirs or the The court shall forthwith order said legal or continue to adopt or continue the action
representative. But the Court forgot to issue an representative or representatives to appear and of his predecessor. Before a substitution is
order directing a substitution of the heirs. But be substituted within a period of thirty (30) days made, the party or officer to be affected,
even if there was no order of substitution, ang from notice. unless expressly assenting thereto, shall be
mga heirs mismo mi adto didto sa court and If no legal representative is named by given reasonable notice of the application
presented evidence. Kada hearing ang mga the counsel for the deceased party, or if the one therefor and accorded an opportunity to be
children mo adto ra gihapon sila ug sa dihang ila so named shall fail to appear within the specified heard.
nang turno sa pag present ug evidence mi period, the court may order the opposing party,
presentar pod sila ug evidence. But the problem within a specified time to procure the This refers to the death or separation of a
is the judgment is against them. And so when appointment of an executor or administrator for party who is a public officer. There are instances
they receive the judgment that is against them, the estate of the deceased and the latter shall wherein the the defendant or wherein the plaintiff
they now question the validity of the decision. Is immediately appear for and on behalf of the is a public officer. Nagnong nahitabo man nga
the decision valin? deceased. The court charges in procuring such nahimo siyang party sa case? It could be that he
In the case of Napere vs. Barbarona appointment, if defrayed by the opposing party, filed a case in his official capacity and not on his
January 31, 2003 according to the SC, the may be recovered as costs. personal capacity for example as mayor of the
answer is YES because the rule on substitution of So in other words, if the heirs or the city.
the heirs is not a matter of jurisdiction but a representative of the estate would not appear or So what will happen if the public officer
requirement of due process. So even if the court if there is no legal representative then the court who is the party of the case dies? Now, the action
did not issue an order requiring them to will order the opposing party secure a can be continued or maintained by or against his
substitute but the heirs where able to participate representative for the estate and whatever successor.
in the proceedings and even presented evidence expenses incurred by the opposing party in …within thirty (30) days after the
then there is no denial of due process. So kung securing for a representative for the estate shall successor takes office or such time as may be
mamatay gani ang party tan-awon nimo kung mo be reimbursed by that party. granted by the court, it is satisfactorily shown to
survive ba ang claims. Kung mo survive gani ang the court by any party that there is a substantial
claims then the court should order the heirs and Sec. 17: DEATH OR SEPARATION OF A PARTY need for continuing or maintaining it and that the
the representative of the estate to substitute. WHO IS A PABLIC OFFICER successor adopts or continues or threatens to
Examples of Actions that Survives adopt or continue to adopt or continue the action
(against the heirs and representatives): of his predecessor…
Page | 28
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Sec. 17 is another form of substitution. In allow the action to be continued by or against Sec. 20: ACTION AND CONTRACTUAL MONEY
this case, the party is a public officer. So the incompetent or incapacitated person assisted CLAIMS
pananglitan ang Mayor sa syudad sa sugbo by his legal guardian or guardian ad litem.
gusting ipa demolish kadtong mga nagpuyo In other words, pwede ra nga if walay Section 20. Action and contractual money
daplin sa sapa kay hazard kung nay baha or naka substitution pwede ra nga ang court mo require claims. — When the action is for recovery of
obstruct sa pass age sa tubig. For example that he should be assisted. So pwede ra nga money arising from contract, express or
the residents that will be affected by the ssistihan siya ug guardian or the court will implied, and the defendant dies before
impending demolition file a case against the appoint guardian ad litem to assist the entry of final judgment in the court in which
mayor. For example they would file a case of incompetent. the action was pending at the time of such
injunction against the mayor to injoined the death, it shall not be dismissed but shall
mayor from dismantling their houses. And while Sec: 19: TRANSFER OF INTEREST instead be allowed to continue until entry
the case is pending, the mayor (just as an of final judgment. A favorable judgment
example) dies. Section 19. Transfer of interest. — In case obtained by the plaintiff therein shall be
What will happen to the case? If the of any transfer of interest, the action may enforced in the manner especially provided
successor will have the same stand or the be continued by or against the original in these Rules for prosecuting claims
successor would adopt the stand of the deceased party, unless the court upon motion directs against the estate of a deceased person.
mayor, then the court will order that the the person to whom the interest is
successor will substitute for the mayor. transferred to be substituted in the action This has relation to the death of a party.
or joined with the original party. Naghisgot man ta ganina ug death of a party
Sec: 18 INCOMPETENCY OR INCAPACITY ganina diba? Now, we have learn that when a
Meaning to say, the plaintiff or the party dies and the claims survives the case will
Section 18. Incompetency or incapacity. defendant now has transferred his interest. continue but the representative of the estate or
— If a party becomes incompetent or For example: the heirs of the deceased party shall substitute
incapacitated, the court, upon motion with Ikaw ron si C. Mi-file ka ug kaso batok ni for the deceased.
notice, may allow the action to be D for recovery of a piece of property. And imong What about if the action if for contractual
continued by or against the incompetent or property, while didto ka sa abroad, pagbalik nimo money claims?
incapacitated person assisted by his legal wala na. Gi-angkon na ug lain. So ni file ka ug Kaning money claims under Sec. 20
guardian or guardian ad litem. kaso batok ni D. now, dili ka gusto sa maong kaso limitado lang ni sa contractual express or
so imong gibaligya imong property. Mi-file ka ug implied. Dili ni siya applicable sa tanan nga
What will happen if a party to a case will kaso pero nadugay gisamokan ka. “kapoya sige money claims. Applicable lang ni siya sa mga
become incapacitated? This is another case of atobang sa korte oi”. Imong gibaligya imong contractual either express or implied.
substitution. Pananglitan ang plaintiff pagfile niya property. Apil ang kaso imong gibaligya. Misugot For example, contract of loan.
sa kaso sakto pag pamuot. Pero lagi kay sige man pod ang buyer si B. Per okay naa man Pananglitan nay nanghulam nimo naa jud moy
man ug latay2x na-usab…nilikoy. Nag sige na ug kaso…there is pending litigation, bubarato ra kontrata. Unya namatay ang defendant. Unsa
tanom ug seedless nga grapes. So what will gyud. may buhaton? Should it be dismissed?
happen to the case? Pag abot didto sa korte sige What will happen now to the case? Wala Under Sec. 20, when the action is for
naman ug tikoko2x. gipangutana sa Judge, “nag na man si C. wala na man siyay interest over the recovery of money arising from contract, express
unsa man ka diha?” Nag tanom ko ug grapes. lot. There could be transfer of interest. So, Mr. B or implied, and the defendant dies (Ang
Asa mang liso nimo? Seedless man ni.    may substitute for Mr. C as the plaintiff in the mamatay gani ang defendant ra. Meaning to say
case. this Sec. is applicable only for contractual money
So what will happen now to the case nga claim and when the defendant dies) before entry
gi filed? He could be substituted. The court may of final judgment.
Page | 29
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

The action shall continue. The Court Any adverse party may contest the grant of Now, the motion to litigate as an indigent
should not dismiss the case but the proceedings such authority at any time before judgment could be file ex parte. What do you mean by ex
of the case shall continue. Unya unsay buhaton is rendered by the trial court. If the court parte? Meaning when without the presence or
sa korte? Kay namatay man ang defendant, then should determine after hearing that the without notice to the adverse party. And you
there should be substitution because the party declared as an indigent is in fact a have to attach to you motion the document to
proceeding shall continue until entry of final person with sufficient income or property, prove that you are indigent.
judgment. the proper docket and other lawful fees
Unya kung makadaug ang plaintiff? Kinsa shall be assessed and collected by the clerk If no legal representative is named by the
may iyang panilngan nga patay naman tong usa? of court. If payment is not made within the counsel for the deceased party, or if the
Unsaon pa niya pagpaningil? Unsaon pa niya pag time fixed by the court, execution shall one so named shall fail to appear within the
specified period, the court may order the
enforce sa judgment nga patay na man? Now, issue or the payment thereof, without
opposing party, within a specified time, to
the claim shall be enforce against the estate. prejudice to such other sanctions as the procure the appointment of an executor or
Saato pa, pananglitan nay probate proceedings court may impose. administrator for the estate of the
didto sa korte, kinahanglan siya mo file ug deceased and the latter shall immediately
money claims didto. Kadtong plaintiff mo file siya We have discussed last meeting that appear for and on behalf of the deceased.
daan ug money claims. Nahinumdom mo sa when you file a case, the same shall will coupled The court charges in procuring such
inyong special proceedings? Mo file siya ug with the payment of the docket fees in order for appointment, if defrayed by the opposing
party, may be recovered as costs.
money claims didto. “Reserbahe ko diha ha kay the Court to acquire jurisdiction over the action. If
naa raba koy claim pending pa.” And so if a party filing for the case the exact amount of the The court may order the opposing party to
makadaug jud siya, adto niya e-claim sa estate. docket fees is not paid, the court may require the procure the appointment of an executor/
plaintiff within a certain period of time to pay the administrator for the estate of the deceased and
Sec. 21: INDIGENT PARTY docket fees if not the action shall be dismissed. the latter shall immediately. The court charges in
Under Sec. 21, if a party for example the procuring such appointment may be recovered as
Section 21. Indigent party. — A party may plaintiff does not have enough money or property cost.
So in other words if the heirs or representatives
be authorized to litigate his action, claim or to pay for the docket fees, he could litigate his
would not appear of there is no legal
defense as an indigent if the court, upon an action as an indigent litigant but the same representative named then the court will order
ex parte application and hearing, is requires approval with the court. the opposing party to secure a representative for
satisfied that the party is one who has no He has to file a motion/ request. (Kanang the estate and whatever costs incurred by the
money or property sufficient and available motion gud kung inato na nga pagkasulti, opposing in securing a representative for the
for food, shelter and basic necessities for request. Kay mag abogado man mo, ayaw jud mo estate will be reimbursed by that party.
himself and his family. ug gamit anang request kay makabasa tong
Sec. 17. Death or separation of a party who
Such authority shall include an exemption examiner ana hagbongon jud mo. Nganu man?
is a public officer.
from payment of docket and other lawful Kay dili ka kahibalo mag inabogado. So instead of When a public officer is a party in an
fees, and of transcripts of stenographic request, mo gamit ka ug motion.) Motion to action in his official capacity and
notes which the court may order to be litigate as indigent party. during its pendency dies, resigns, or
furnished him. The amount of the docket So in other words, under Sec. 21, when a otherwise ceases to hold office, the
and other lawful fees which the indigent party wishes to litigate as an indigent, he should action may be continued and
maintained by or against his
was exempted from paying shall be a lien attach to his complaint a motion. So mo file ka ug
successor if, within thirty (30) days
on any judgment rendered in the case complaint. Naa kay kiha. Didto sa imong kiha, after the successor takes office or
favorable to the indigent, unless the court ubanan nimo ug motion to litigate as indigent so such time as may be granted by the
otherwise provides. that you will be exempt from paying the docket court, it is satisfactorily shown to
fees if your motion is approved. the court by any party that there is a
Page | 30
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

substantial need for continuing or So what will happen if a party to a case will continue until entry of final
maintaining it and that the become incapacitated? This is another instance judgment. A favorable judgment
successor adopts or continues or of substitution. obtained by the plaintiff therein
threatens to adopt or continue the Example: A plaintiff, saktopagpamuot, shall be enforced in the manner
action of his predecessor. Before a perolagikay nag sige man siyaug latay2x nausab, especially provided in these Rules
substitution is made, the party or nilikoy, nag sige nag tanumug seedless nga for prosecuting claims against the
officer to be affected, unless grapes. So what will happen to the case now? He estate of a deceased person.
expressly assenting thereto, shall be could be substituted,orthe court may allow the
given reasonable notice of the action to be continued assisted by his guardian This has relation to the death of a party. We have
application therefor and accorded an or guardian ad litem. In other words learn that when a party dies and the claims
opportunity to be heard. pwederangawalay substitution and the court will survive/s the case may continue but the heirs or
allow that he should be assisted. represeantives shall continue for the deceased.
This refers to death or separation of a party who What if the case os for contractual money
is a public officer, there are instances wherein a Sec. 19. Transfer of interest. claims?Under this section, sec 20.Kaningmaong
defendant or wherein a plaintiff is a public officer. In case of any transfer of interest, money claims under sec 20.Limited only to
It could be that he filed the case in his official the action may be continued by or contractual either express or implied.Dilini
capacity not in his personal capacity. against the original party, unless the applicable satanang money claims. Example:
court upon motion directs the contract of loan, dunaynangutangnimo so
Example: as mayor of the city. So what will person to whom the interest is dunajudmoycontratanyanamatayang defendant
happen if the public officer who is a party to that transferred to be substituted in the before entry of final judgment. The action should
case dies? The action may be continued and action or joined with the original continue and there should be substitution and
maintained by or against his successor. party. the proceeding should continue until the entry of
In other words Sec 17, is another case of final judgment. Kung makadaugang plaintiff kinsa
substitution. In this case the party is a public Meaning to say the plaintiff or defendant has man iyangpaninglanngapataynamanang
officer. Example. Ang mayor sa ciudad transferred his interest. defendant? The claim shall be enforced against
sasugboiyangipa demolish Example: C filed a case against D for recovery of the estate. So samtangdunay probate
angmgabalaysadaplinsasubakaynaka disrupt sa your piece of property. Tuanakasa abroad proceedings sa estate sa defendant mu file
passage sa drainage, the residents that will be pagbaliknimowalana, giagaw nag lain. So mi file siyadidtoug money claims.
affected by the ipending demolition. So they will kagkasobatokni D, now dilika gusto
file an injunction to enjoin the mayor to demolish samaongkasoionggibaligyaimong property. Mi file Sec. 21. Indigent party.
their houses. And while the case is pending ,the kagkasoperosamukanka, so imonggibaligyakang A party may be authorized to litigate
mayor just for example died so what will happen Mr. B. angimong property his action, claim or defense as an
to the case? If the successor would adopt the apilangkasoimonggibaligya. Now what will indigent if the court, upon an ex
stand of the deceased mayor the court will order happen now to C, walanamansiyay interest over parte application and hearing, is
that the successor will substitute the deceased the lot. There will now be a transfer of interest. satisfied that the party is one who
mayor. So Mr. B may substitute for Mr. C as the plaintiff has no money or property sufficient
to the case. and available for food, shelter and
Sec. 18. Incompetency or incapacity. basic necessities for himself and his
If a party becomes incompetent or Sec. 20. Action on contractual money family.
incapacitated, the court, upon claims.
motion with notice, may allow the When the action is for recovery of Such authority shall include an
action to be continued by or against money arising from contract, exemption from payment of docket
the incompetent or incapacitated express or implied, and the and other lawful fees, and of
person assisted by his legal defendant dies before entry of final transcripts of stenographic notes
guardian or guardian ad litem. judgment in the court in which the which the court may order to be
action was pending at the time of furnished him. The amount of the
such death, it shall not be dismissed docket and other lawful fees which
but shall instead be allowed to the indigent was exempted from
Page | 31
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

paying shall be a lien on any What will happen if the court will allow you to The court may allow the appearance of the sol
judgment rendered in the case litigate as an indigent? You will be exempted from gen. in cases involving declaratory
favorable to the indigent, unless the paying docket fees. But this one is a misnomer. relief.example
court otherwise provides. Kay contingent man nisiya. Unyaraka pa
bayronkung mu daugka. Kay kung exempted
Any adverse party may contest the dilijudkapabayron bias pagdaugka. So here RULE 4
grant of such authority at any time actually e deferred langangpagbayadsa docket VENUE OF ACTIONS
before judgment is rendered by the feesunyarakapaningaln kung mudaogka.
trial court. If the court should Section 1. Venue of real actions.
determine after hearing that the Can a juridical person litigate a case as an
party declared as an indigent is in indigent?For example kanangmga charity
fact a person with sufficient income institutions, or religious institutions.NO. sec 21 is We come to know that actions could be REAL or
or property, the proper docket and applicable only to natural persons and not to PERSONAL. The classification is important for the
other lawful fees shall be assessed juridical institution. purposes of venue. Unsa man ning real actions?
and collected by the clerk of court. If When the subject matter of the case involves real
payment is not made within the time What is the reason why a indigent litigant can file property, title to or possession or ownership or
fixed by the court, execution shall as an indigent? This is in relation to the any interest over real property. Now all other
issue for the payment thereof, constitutional right of a person to free access to actions are considered personal actions.
without prejudice to such other the courts.
sanctions as the court may impose. Why is this important to determine whether the
REMEMBER: must attaché to his motion an action is personal or real action? important for
We have discussed last meeting the same should affidavit that indeed he is an indigent. puposes of determing venue.
be paid docket fees in order for the court to Actions affecting title to or
acquire jurisdiction over the action.if upon the Example: Ang papa mi file ugkaso. Now duna possession of real property, or
filing of the case the exact docket fee is not paid, man siyayanakdidtosa abroad. Can he be interest therein, shall be
the court may allow the plaintiff to pay the considered as an indigent? Or should the his child commenced and tried in the proper
required fee or else the case should be dismiss. be also required to execute an affidavit. court which has jurisdiction over the
But under Sec 21. The court may allow a party to Kaningpag execute ug affidavit of indigencyang area wherein the real property
file as a indigent litigant. So the plaintiff will file a litigant ra.Dili necessary involved, or a portion thereof, is
MOTION TO LITIGATE AS AN INDIGENT so that he ngaangkatongiyangmgaparyente mu execute situated.
will be exmept from paying the docket fee. This pudug affidavit of indigency. It is only the litigant
motion could be filed ex parte. And attached to that is required to execute the affidavit of Example:
the motion documents to prove that indeed you indigency.The rule does not require that all A case involves a recoveyr of ownership
are an indigent. Requisites: members of the litigants immediate family must or possession.
1. A certificate from the DSWD that likewise execute sworn statement in support of AnggilalisanngayutatuasaTagbilaran, Bohol,ang
indeed you are an indigent the motion. plaintiff nianagpuyosa Cebu City, ang defendant
2. A certification from the municipal or naa nag puyosaMandaue. Question: asa man
city assessor’s office that indeed you Sec. 22. Notice to the Solicitor General. nimo e file ang case?AdtosaTagbilaran, Bohol.
do not own any property.(no money In any action involving the validity of Because that is a case involving Real Action.it
or property sufficient and available any treaty, law, ordinance, executive should be where the real property is located.
for food, shelter and basic necessities order, presidential decree, rules or Real Action otherwise known as LOCAL ACTION
for himself and his family.) regulations, the court, in its
discretion, may require the
Sa unatawagani pauper litigant perokarondilina, appearance of the Solicitor General Forcible entry and detainer actions
indigent na.ang indigent who may be heard in person or shall be commenced and tried in the
dunakaykwartaperoimongkwartadili enough para through a representative duly municipal trial court of the
e litigate ugkaso. designated by him. municipality or city wherein the real

Page | 32
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

property involved, or a portion Can the court dismiss motuproprio the case on court cannot acquire jurisdiction over the res, if it
thereof, is situated. the ground of improper venue? NO, there has to is an action in rem or quasi in rem. If the action is
be a motion, because it can be waived. purely action in personam, it will not prosper.
Real Action otherwise known as LOCAL ACTION.
As regards the corporation, the action of the Example of cases that involves/ affects the
plaintiff corp should be filed where its principla personal status of a plaintiff?
Sec. 2. Venue of personal actions. office is located and not where its branche/s are
All other actions may be commenced loacated. Example. Main office is in Manila and A case filed by the plaintiff for recognition, gusto
and tried where the plaintiff or any branch in Cebu, the defendant is from Tagbilaran, siaynga mag parecognizengaanakjudsiya. Does it
of the principal plaintiffs resides, or Bohol, can he file a case for sum of money in involve the personal status of the plaintiff? Yes.
where the defendant or any of the Cebu? Where can he file his case? No he cannot Peroasa man naniya e file
principal defendants resides, or in file it in cebu. It is only between Manila and walanamandiriangiyang papa kaytuanamansa
the case of a non-resident defendant Tagbilaran. Why not in Cebu City? Because abroad?He can file it where he resides (where the
where he may be found, at the theprinicipal office is in Manila and the defendant plaintiff resides). Will it prosper? Yes because that
election of the plaintiff. is in Tagbilaran. involves the res, that is considered as an action
in rem.
Katongdili ma classify nga real actions aw… Sec. 3. Venue of actions against non-
Personal action na.Where to file personal action? residents. Take note of the Venue Hap!...
Emphsis on ANY of the prinicipal plaintiffs reside If any of the defendants does not
or where ANY of the defendant resides or in case reside and is not found in the
of a non-resident defendant where he may be there are instances wherein the rules on venue
Philippines, and the action affects do not apply. Under dection 4
found at the election of the plaintiff. So the personal status of the plaintiff,
importantejudkaayungamka determine or any property of said defendant
kakungunsanaclasenga action because that will located in the Philippines, the action Sec. 4. When Rule not applicable.
involve venue. KANANG COLLECTION OF SUM may be commenced and tried in the This Rule shall not apply:
OF MONEY PERSONAL NA OR REAL? court of the place where the plaintiff (a) In those cases where a
PERSONAL! KAY DILI MAN MU INVOLVE UG resides, or where the property or specific rule or law provides
REAL PROPERTY. MU INVOLVE GANI UG REAL any portion thereof is situated or otherwise; or
PROPERTY, REAL ACTIONS NA! found.
What will happen if you file the case in a worng
venue? Your case can be subjected to a motion to Example:
Kaningmga non-residents, unyawalapagyud nag
dismiss or an affirmative defense on the ground puyodrisaPilipinasunsamanisiya? He could be a
that you case was filed in an IMPROPER VENUE. mere tourist, unyakay mere tourist man xa. Pag 1. Law on Libel- under 360 of the RPC, that the
Ayawggamitanang“wrong” venue, legal term ana tour niyadrinanghuwamsiyasadihang pa action can be filed in any of the places where the
is “improper”. bayrunnasiyamilayas, mibaliksaiyangnasud. libelous article was published. And in case of a
Pwede b aka maka file ugkaso against niya? public officer ngatuadidtona base sa Manila, the
TAKE NOTE: Failure to object timely or failure to Dilijud. case could be filed in Manila.
raise the objection as to improper venue will be
considered waived. So you should file the motion But if the case to be filed involves personal status
BEFORE FILING AN ANSWER. OR IF YOU HAVE (b) Where the parties have
of the plaintiff, so saato pa res nani. Kay wala validly agreed in writing
FILED AN ANSWER, YOU SHOULD INCLUDE IT AS man siyadiripwedengaadtoangkaso e file where
ONE OF YOUR AFFIRMATIVE DEFENSES. before the filing of the action
any of his property or any portion thereof is on the exclusive venue
situated. thereof.
Kanisiyang Venue of Personal Actions this is
called TRANSITORY ACTION. An action the venue If the case affects status, then where the plaintiff
of which depends on which the parties resides resides. Repeat. Kanangkaso against a foreigner, there should be an agreement in writing and that
regardless of where the cause of action arose. a defendant who is a non resident and cannot be agreement should be made before the filing of
found in the Philippines, mu prosper langna if the the case. And what is that agreement all about?
That is regarding the exclusive venue of the case.
Page | 33
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Under this exception the agreement should be Take note: There is a provision in the Let us now go to Rule 6. We will be discussing the
restrictive not permissive. What do you mean Consitution that the SC has the power to order rule on summary procedure separately.
by restrictive? There should be words that would change venue, either a criminal or civil case.
expressly indicate that the parties have agreed Remember the case involving the Ampatuans. In RULE 6
on the exclusive venue. criminal cases we come to know that the place of KINDS OF PLEADINGS
the commission of the crime not only determines
Example: 1. Exclusively- any case that may arise the venue but also jurisdiction of the court. So
necessarily the case has to be filed in the court Section 1. Pleadings defined.
out of this contract shall be filed exclusively in
the courts in Cebu City. that has territorial jurisdiction of the place where
the crime is committed. But there are instances Pleadings are the written statements of the
to avoid miscarriage of justice the court can respective claims and defenses of the
Sa ato pa bisan pa angplainitifftaga Manila ang order the change of venue. But take note this parties submitted to the court for
defendant tageDumaguetearirajudefileang case power exclusively belongs to the Supreme appropriate judgment.
sa Cebu. Nangkaywala may partingataga Cebu Court. So the lower court cannot just change the
City…aw walaymahimokaymao may venue because it is only with the Supreme that
nakasabutan. How do you know that the case Is a motion considered a pleading? No. a motion
has the authority or power to change the venue. is different from a pleading. Although angmga
should only be filed in cebu? Because of the word
exclusively. Perowalaganinaang word nga lawyers and even judged sometimes would use
Contract of Adhesion- it must be in writing and the term pleading applicable also to motion. But
exclusively or other similar words, then not only that, the agreement of venue must be
kanangmaong Cebu ngagibutangdidtongawala strictly speaking Motion is not a pleading.
restrictive. How can you say that the venue is
exclusively maskinnaa pa naaang“shall”, restrictive? By the presence of those words that
kaykanang word nga exclusively we have just mentioned. Examples of pleadings:
maonaanggitawagngarestrictive, what will
happen is that Cebu City shall only be considered 1. Complaint
as an additional venue, this is now a permissive Sweet Lines Inc. vs. Teves May 19, 1978
2. Counter-claim
one. 3. Cross claim
RULE 5 4. Third party complaint etc
Example 2. Waiving for this purpose any other UNIFORM PROCEDURE IN TRIAL COURTS 5. Complaint in intervention
venue
Section 1. Uniform procedure. Sec. 2. Pleadings allowed.
Example 3. Shall only be filed in Cebu City-
Pwede “Shall” pero nay apilyedonga “only” “Shall The procedure in the Municipal Trial Courts The claims of a party are asserted in
only” shall be the same as in the Regional Trial a complaint, counterclaim, cross-
Courts, except (a) where a particular claim, third (fourth, etc.) party
Example 4- To the exclusion of the other courts provision expressly or impliedly applies complaint, or complaint-in-
only to either of said courts, or (b) in civil intervention.
cases governed by the Rule on Summary
Or any word/s of similar imports Procedure.
Kana siayng counter claim and cross claim
Kung walaganiningmga words, the stipulation will actually they are separate pleadings, but under
The procedure in the first level courts and in the the rules of court kana siyang counterclaim and
be deemed as merely an agreement on RTC are the same. But by way of exception, there
additional forum and not as limiting venue to cross claim pwedenanimo ma incorporate sa
are cases whose procedure are different. answer. So perhaps you have come across a
specific place.
pleading entitled “Answer with Counterclaim”.
1. Rule on Summary Procedure Perokanang counterclaim really is a separate
Legazpe vs. Republic 2. Rule on Small Claims pleading, but if you are going to incorporate the
July 23, 2008 counter-claim in you answer that will be alright.
Ok rana.perokanang third party complaint
Page | 34
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

dilinapwedeisagulnimosaanswer, An answer is a pleading in which a Kaning affirmative defense, walanimogi deny,


angpwederanimo ma incorporate saimong defending party sets forth his defenses. dunalngkaygitawagnga hypothetical admission.
answer kana rang counterclaim and cross- Unsa man ning “hypothetical admission”?saatong
claim. Is an answer a pleading? YES. pang pagkaistoryaha, maoniang “IBUTANG NATO
NGA TINUOD” or “ASSUMING NGA TINUOD” I
The defenses of a party are alleged COULD NOT BE HELD LIABLE”.
What are defenses? Defenses ma
in the answer to the pleading niangimohangmgakatarungan. These are your
asserting a claim against him. reasons why you should not be held liable. These Example: 1. Prescription-
An answer may be responded to by a are the reason that you should raise why you ibutangnatongatinuodnaangimonggi pang-ingon,
reply. should not be held liable. dili man ko ma liable kay prescribe namanna..

Kana siyang answer is a kind of pleading. Let us Sec.5.Defenses. An affirmative defense is an allegation of new
see kungunsaang meaning sa pleading … matter. New matter kaywala man nigi allege
Pleadings are the written statements of the Defenses may either be negative or didtosa complaint. Ang-ang man mukihakanya
respective claims and defenses of the affirmative. mu-ingonkagbitawutangannasiyapero prescribe
parties submitted to the court for naman… ibutangkahananimosa complaint? So
appropriate judgment. So as regards the saato pa katongkontraang mu butangana. While
plaintiff angiyang pleading kana angcomplaint, as (a) A negative defense is the specific hypothetical admitting the allegation.
regards to the defendant angiyang pleading denial of the material fact or facts
kananganswer. The defendant can incorporate in alleged in the pleading of the
claimant essential to his cause or Unsa man nang confession?-“butang ta
his answer a cross-claim and counterclaim. The tinuodnapero dli ko liable”
plaintiff can file another pleading upon receipt of causes of action.
answer, he may submit a reply.
Replymaonasiyaangtubagniadtongmga defenses Simple rajudkaayunaang negative defense, Another kinds of affirmative defenses:
sa defendant. igorajudkang mu deny.Unyaangimong deny
butangannimoug“first name” –“Specific”. 3. Laches –sleeping on your rights.
Sec. 3. Complaint. Ignunnimo “the defendant specifically denies the Although your case has not prescribed
allegation in paragraph 1.” Kay but your case could still be dismissed on
kungraganinangignun deny walanimobutangiug the ground of estoppel by laches.
The complaint is the pleading alleging the specific… Nah! That would be general 4. Ultra vires- beyond the authority
plaintiff's cause or causes of action. The denial,unyaang general denial is considered an granted
names and residences of the plaintiff and admission. So that it would not be considered as 5. Uncosntitutionality-
defendant must be stated in the complaint. an admission, the admission should be specific.
So duna nay duhakaclaseangdepensa:
In the complaint you learn this in your legal forms (b) An affirmative defense is an
that you should include the names and allegation of a new matter which, 1. Negative
residences of the plaintiff as well as the while hypothetically admitting the 2. Affirmative
defendant. You might ask why is it important to material allegations in the pleading
put an address of the plaintiff and the defendant? of the claimant, would nevertheless Negative defense meaning specific
This is important in order for the process server prevent or bar recovery by him. The denial.Pwedekangadili mu raise ug prescription
to remember the address when serving summons affirmative defenses include fraud, peroimolng e deny. “Ah
to the defendant and for the plaintiff the address statute of limitations, release, dilinatinuodngankautangko.” Kay duna may
for the notices in the succeeding hearings. payment, illegality, statute of taongabisankaynkautang mu-ingonngadilitinuod.
frauds, estoppel, former recovery, “di man tinuodngankautangko..
Sec. 4. Answer. discharge in bankruptcy, and any kaytinuodnakadawatkoniyaug 100,000 peroingun
other matter by way of confession man to siyanga donation to.”
and avoidance.
Page | 35
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Sec.6.Counterclaim. Walaganisiyay connection then that is not a For example si C, nabanggaan no? For example
compulsory counterclaim the damage asked is 200,000 lang, igo ra man
A counterclaim is any claim which a mabuak ang katong suga sa atubangan ug
defending party may have against Example:Nabangganka. You know usahaykanang headlight. So he asked for 200,000, asa man niya
an opposing party. mag binanggaaytagsarajud nag mu-angkonug gi file?
liability oi. Bisagimuhangsalakay mi beat kasa MTC. Sa counterclaim ni Mr. D, he denied being
Counterclaim is a pleading. Who has the right to traffic light, so gikihaka, inigkihaana, unsa man the negligent party. He admitted the bumping
raise a counterclaim? Masterunjudnininyo hap. imongkatarunganbeh? incident. He alleged that he is not the one
Kung claim, answer, counterclaim. Now a Ankunonnimokayikaynakasala. Aw dili. negligent but it was Mr. C and he asked Mr. C to
counterclaim is a claim by a defendant against Ignunnimoakoysaktosiyamoysayop. So for pay him the amount of 500,000 for the damage
the plaintiff or opposing party. So si C mi example si C while driving his car he is bumped caused to Mr. D’s car.
fileugkasobatukni D perosi D misumbalikpud, by D and so Mr. C filed a case for damages Q: Was the raising of the counterclaim by Mr D
ingonsi D naapudbayakoycolectahununnimo. So kaywala man ma settle against Mr. D. Why? proper?
unsa man tawagana? Counterclaim! Because his car was damaged due to the reckless A: The answer is NO because one of the
driving of Mr. D and he claimed the amount of characteristics of one compulsory counterclaim is
There are 2 kinds of counterclaim. 500,000. Now when Mr. D filed his answer he that the court must have jurisdiction over the
alleged counterclaim, he denied being negligent amount as well as to the nature.
Sec.7.Compulsory counterclaim. and instead pointed to mr. D. as the one being EX:
A compulsory counterclaim is one negligent and asked that the case should be Suppose it is the other way around for example it
which, being cognizable by the dismiss and asked that it should be Mr. C who was Mr. C who filed a claim for damages for the
regular courts of justice, arises out would be ordered to pay him 1M for the damage amount of 500,000 against Mr. D in the RTC and
of or is connected with the caused to his Mercedez Benz Car. This is a then in his counterclaim Mr. D alleged for the
transaction or occurrence compulsory counterclaim. Because it is damages of 200,000. Is it proper?
constituting the subject matter of connected to the transaction or occurrence A: YES because if it is in the RTC, the RTC will
the opposing party's claim and does constituting the subject matter of the opposing have jurisdiction regardless of the amount.
not require for its adjudication the party’s claim. Take note that if it is considered as a compulsory
presence of third parties of whom counterclaim the defendant has to allege that’s
the court cannot acquire jurisdiction. So aronang claim matawagug COMPULSORY must why it is called compulsory. If it is not allege the
Such a counterclaim must be within also be cognizable by the regular courts of same would be considered waived. The
the jurisdiction of the court both as justice. compulsory counterclaim must arise at the time
to the amount and the nature Example. Mr. D dunasiya counterclaim, he files his Answer.
thereof, except that in an original peroangiyang counterclaim is Illegal dismissal. Take note ha that the court must have jurisdiction
action before the Regional Trial Can this be considered as a compulsory over the amount and the nature.
Court, the counterclaim may be counterclaim? NO because illegal dismissal is not EX:
considered compulsory regardless of cognizable by the court of justice. Another reason Suppose si D raises counterclaim, 200,000 sa RTC
the amount. why it is not considered compulsory, because it ni ha kay didto man gi-file ang kaso. Pero dili man
has no connection with the occurrence(katong mahitungod sa damage sa iyang awto.
Counterclaim could be compulsory or Permissive. bumping incident) constituting the subject matter Mahitungod man ug illegal dismissal. Is it proper?
What is a compulsory counterclaim? A of the case. A: NO because although the court has jurisdiction
compulsory counterclaim is one which is logically over the amount but it has no jurisdiction over
connected to the claim of the plaintiff .meaning Is it considered as a compulsory counterclaim? the nature of the counterclaim. So in that case it
to say a compulsory counterclaim arose out of No because illegal dismissal is not cognizible by cannot be considered as a compulsory
the SAME TRANSACTION WITH THE SUBJECT OF the court of justice. counterclaim but a permissive counterclaim.
THE COMPLAINT. So if the counterclaim does not Another reason why is it not considered as Let’s go back to our previous example:
have any connection with the complaint, then compulsory because it has no connection with Si C, 200,000 ang iyang damage nga gi-claim but
that is not a compulsory counterclaim. the occurrence katong “bumping incident” in his counterclaim D raises 500,000 didto sa
Angimong tan-awonanaang logical constituting the subject matter of the case. MTC, proper ba ang pag raise sa iyang
connection sa subject of the complaint. EX: compulsory counterclaim?
Page | 36
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

A: NO because the counterclaim must be within controverted. creditor may run after against one of the solidary
the jurisdiction of the court. So what kind of obligors.) Now, Mr C has options. He can file a
counterclaim is it because it does not qualify to Q: What will happen if it is an initiatory pleading? case against A and B OR he can file a case
be a compulsory counterclaim? That would be The same must contain a Certification Against against A alone or B alone. Uso kayo ni sa mga
considered as permissive counterclaim. Forum Shopping. money lenders. Di jud na mosugot kung
What is permissive counterclaim? Q: What do you call sa Answer ngadto sa mangutnag ka didto nga wala kay kauban, co
Since it is not a compulsory counterclaim or since Permissive counterclaim or sa counterclaim? maker. What is the purpose of a co maker? Aron
bringing the same will not qualify as a Plaintiff filed a complaint unya ang defendant maka siguro ang money lender nga incase dili ka
compulsory counterclaim then the defendant mo- file ug Answer with counterclaim, unsa may kabayad aduna siyay gukuron.
should file a separate action for his claim. tawag sa itubag sa plaintiff ngadto sa So, A and B nangutang, si A raguy migamit sa
Can you give us an example of permissive counterclaim sa defendant? DILI NA REPLY. TAKA kwarta di man gud mosugot nga way co maker
counterclaim? RA MOG REPLY. mao iyang gi ingnan iyang kauban nga maestra
So, all other counterclaim katong atong gi A: That is called ANSWER TO COUNTERCLAIM. nga “palihog pirmahe ko beh.” So, gipa utang sa
hisgutan nga dili matawag ug compulsory claim Answer gihapon dili reply. bangko. Pero ang nakagamit sa kwarta si A ra.
then permissive. Kadtong reply, kanang gitawag ninyo ug REPLY Wala man makabayad si A, pagkiha na apil si B.
So for example: maoy tubag sa AFFIRMATIVE DEFENSE. Karun maldito man sad ang Bangko. Wala man gi
Affirmative defense is different from apil si A si B ra man hinuon. Perteng kisi-kisi ni B,
C filed a case against D due to the damage of his counterclaim. Kanang affirmative ug ngative naunsa naman hinuon ni, wala man gale ko
car, bumping incident. Si D, in his Answer alleged defense sa Answer na gawas nga imung tubagon katilaw bisag usa ka dako wala man gale ko ka
that si Mr. C also borrowed from him. Si C katong pwede pud ka mopakapin ug claim. kaon ato bisag Jollibee na lng, ako ra gyuy gi
sa bumping incident si D sa iyang Answer mi Take note of compulsory and permissive kung di kiha?
allege aduna pud siyay claim against Mr. C kay ka katubag ana ayaw nalang ug dahum Q: Is the bank correct?
nanghuwam di ay ni siya kani-adto ug iyang makapasar ka. A: YES, solidary obligation man.
gituyo pagbangga. Mao iyang gibanggaan kay Q: What is the remedy of Mr. B?
nakahuwan d ai si C niya unya wa mibayad. He SEC 8: CROSS CLAIM A: Mr B can file a cross claim. So he can
said, patas nami. Duna siyay claim nako nga incorporate in his Answer that in the event the
damage nga 200,000 unya aduna pud koy court will order him liable. The court should also
A cross-claim is any claim by one party
kolektahon niya nga 200,000 kay wa man siya issue an order directing Mr A to reimburse him of
mibayad sa utang. What kind of counterclaim is against a co-party arising out of the whatever amount that he would pay the plaintiff.
it? transaction or occurrence that is the Q: What is the difference between counterclaim
A: It is PERMISSIVE COUNTERCLAIM. subject matter either of the original action and cross claim?

Q: What are the distinctions between compulsory or of a counterclaim therein. Such cross- CROSS CLAIM COUNTERCLAIM
counterclaim and permissive counterclaim? claim may include a claim that the party A claim against a co A claim against the
against whom it is asserted is or may be party adverse party or against
COMPULSORY PERMISSIVE the plaintiff
liable to the cross-claimant for all or part of
COUNTERCLAIM COUNTERCLAIM It depends upon the If the main action is
Shall be contained/ May be set up ana claim asserted in the action against the main action dismissed, counterclaim
incorporated in an Answer independent action if notcross-claimant. may survive.
otherwise is barred raised in an Answer. If not Necessarily arises May or may not come
raised in Answer will notWhat do you mean by cross claim? out of the same from the same
be barred. Is a claim by one party against a co party arising transaction transaction by plaintiff
Not considered an Considered as anout of transaction or occurrence that is the against co plaintiff
Initiatory Pleading Initiatory Pleading subject of either the original action or of a
Does not require payment Requires payment ofcounterclaim therein. SEC 9: COUNTER- COUNTERCLAIM AND
of docket fees docket fees EX: COUNTER CROSSCLAIM
It may not be Answered. If It has to be answered. A and B owed C 300,000. A and B are sued by C.
not answered deemed Si A ug B are solidary debtors. (Meaning the
Page | 37
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Sec. 9. Counter-counterclaims and counter- be considered controverted. All matters alleged


in the Answer are deemed controverted. A third (fourth, etc.) party complaint is a
cross-claims. Meaning, deemed answered or deemed denied.
GR: Reply is really not necessary. claim that a defending party may, with
A counterclaim may be asserted against an Kay bisan ug dili ka mo file ug Reply niadtong leave of court, file against a person not a
mga defenses sa defendant deemed party to the action, called the third (fourth,
original counter-claimant.
controverted man, meaning deemed denied. Sato
A cross-claim may also be filed against an etc.) party defendant, for contribution,
pa there is no admission deemed denied.
original cross-claimant. EXC: (Reply is compulsory or necessary) indemnity, subrogation or any other relief,
1. When the Answer of the defendant is based on in respect of his opponent's claim.
Counterclaim may be asserted against original ACTIONABLE DOCUMENT.
counter- claimant. A cross claim may also be filed Actionable documents if not denied are deemed What is 3rd party complaint?
against original cross claimant. admitted. This is a claim that a defending party may with
2. When the Answer alleges the defense of leave of court file against a person not a party to
SEC 10: REPLY USURY. Dili kayo importante ang second kana jud the complaint;
first. For example:
A reply is a pleading, the office or function Q: FOR EXAMPLE the defendant says that he has Nakapalit ka ug yuta. Imagina nga dato ka ron.
already paid the amount and he alleged or Nakaplait kag yuta imu ng gibalayan. Uy
of which is to deny, or allege facts in denial attached to his Answer a receipt. Is reply pagtukod pa lang nimu sa haligi, pagkalot pa
or avoidance of new matters alleged by way necessary? lang sa bangag sa haligi naa may nangangkon.
of defense in the answer and thereby join A: YES because if there is no reply the actionable Kinsa man ka nangawt ug haligi diri? Ako may
document given (the receipt) is deemed tag- iya ani. So, gi- filan kag recovery of
or make issue as to such new matters. If a
admitted. Take note: Not just REPLY. It should be ownership kay nangangkon man kag tag iya.
party does not file such reply, all the new VERIFIED because the answer or denial as to the Unsa man uroy buhaton nimu?
matters alleged in the answer are deemed due execution of the actionable document must Your claim nga pinalit man na nmung yutu-a
be UNDER OATH. pananglitan gipalit na nimu kay S, seller. Ikaw ron
controverted.
The same way with counterclaim or cross claim: si B, buyer. What will you do nga gi-filan kag kaso
If the plaintiff wishes to interpose any For example the defendant raises counterclaim, ni A kadtong miduol nmu nga nangisog. So, there
claims arising out of the new matters so (unya unsa tong ibaws sa plaintiff if is a case now, A vs. B.
alleged, such claims shall be set forth in an counterclaim?-----ANSWER) since answer man na You want to include Mr. S in the action, the seller
pwede siya maka raise ug affirmative or negative nga imung gipalitan. What will you do?
amended or supplemental complaint. defenses. So, if there is counterclaim ang kihanti So that in the event that the court will render a
silbi mao ang defendant, baws siya. Ang judgement ordering you to vacate the lot
What do you mean by reply? defendant kay mao kadtong plaintiff as far as because you have no right over the lot the seller
Is a pleading, the office or function of which is to that claim is concerned. does not have any right anymore over the lot
deny or allege facts in denial or avoidance of new So, the plaintiff can raise affirmative or negative arun pud ka maka claim adto niya, what will you
matters alleged by way of defense in the answer defense in his answer to the counterclaim. If ang do?
thereby join or make issue as to such new iyang answer to the counterclaim is base on A: You may file a motion asking for leave of court,
matters. actionable document. Pananglitan mi raise si D to file a THIRD PARTY COMPLAINT. A 3rd party
Atong gi- discuss ganiha nga ang defendant ang defendant ug counterclaim unya mo ingun complaint actually in reality is a separate
pwede mo raise ug negative or affirmative siya “unya ikaw utangan man sad nako.” Unya mi complaint. In order to avoid multiplicity of suits
defense. Now the plaintiff upon receiving the ingun ang plaintiff “uy do, bayad na na nako. Kita the rules allow a party of asking leave of court to
Answer may file a Reply. Reply is to refute the ka ining resibo?” The defendant now is to file a file a pleading known as 3rd party complaint.
denial or affirmative defenses that the defendant reply. Iyaha jud ng tubagon tungod ka yang Separate jud na siya nga kaso, mura jud na siyag
raised in the Answer. answer is based on actionable document. complaint. Lahi jud na. Butangan jud na siyag
Q: What happen if the plaintiff or a party does not Then another pleading is third party complaint. THIRD PARTY COMPLAINT unya na pud didto ang
file a Reply?
address sa gusto nmu nga ipa-apil sa kaso.
A: If the plaintiff or party does not file a Reply SEC 11: THIRD (4TH, ETC) PARTY COMPLAINT Serbihan jud to siya ug Summons. Patubagon jud
then the new matters raised in the Answer shall
Page | 38
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

pud siya. Mobayad pa jud kag docket fees. That Read the case of: original plaintiff in respect of the latter's
is really a separate complaint. The court may or  PCI Leasing Finance Inc. Vs. UCPB Gen.
may not allow you to file a third party complaint. claim against the third-party plaintiff.
Finance Co. Inc. (July 4, 2008)
Another example:  Saludaga vs. Far Eastern University (April
You sell your car. Kana biya rehistro sa imung So, the 3rd party defendant, the 3rd party plaintiff
30, 2008) and then then katong motubag, 3rd party
awto dili bya na matransfer dayon. Pananglitan
ibaligya karun. Kwaon na dayon na sa buyer, defendant. The 3rd party defendant may allege in
SEC 12: BRINGING OF NEW PARTIES his Answer, his defenses, counterclaims or cross
dba? Drayb-drayban na na sa buyer uy kay
pirmero pa man niyang awto hambogero kayo claims including such defenses that the 3 rd party
na. Mag road test dayon na siya adto sa When the presence of parties other than plaintiff may have alleged in against the original
probinsya. Labi na bag ong pasar sa bar. plaintiff’s claim.
those to the original action is required for
Hambogero naman dayon na. Di na na mosakay EX:
the granting of complete relief in the A filed a case against B, defendant. B filed a 3 rd
ug PUJ maulaw na na. So, mamalit na nag awto.
Inig pirma nimu sa Deed of Sale kay nakadawat determination of a counterclaim or cross- party complaint against C. So, C is the 3 rd party
naka sa bayad kuhaon na na imung awto imu pud claim, the court shall order them to be defendant. C even not a party to the original
tong ipakapin ang OR ug CR. Unya lahi ng mag complaint can raise in his Answer defenses,
brought in as defendants, if jurisdiction counterclaims or cross claims against the original
drayb sa imung awto. Ang imung ebedensiya na
lng nga din a ikaw ang tag iya kay katong Deed over them can be obtained. plaintiff. It is only A vs B who are original parties.
of Sale. Uy on the way to the province Let’s go now to the parts of pleadings.
nakadasmag man na. Gitan aw dayon ang When the presence of parties other than those to
rehistro kinsa ang registered owner. Ikaw may the original action is required for granting of RULE 7
registered owner. And so katong biktima kinsa complete relief in the determination of PARTS OF PLEADINGS
may file-lan niyag kaso nga wa man siya kaila counterclaim or cross claim the court will order
kinsay driver kay hit and run man. IKAW. So, them to be brought in as defendants, if What are the parts of a pleading?
there would be a case, C katong injured party jurisdiction over them can be acquired.
ikaw mao si D a case for damages. C vs. D. Na- Ordinarily as what we have learned if a person SEC 1: CAPTION
apil ka sa kaso nga wala nmu gibuhat. who is not yet a party to a complaint and the
Q: What will you be your remedy? defendant wants that person to be brought into The caption sets forth the name of the
A: You file a THIRD PARTY COMPLAINT. You ask the action, he should file a 3 rd party complaint.
But under Sec 12, the court may order that the court, the title of the action, and the docket
leave of court to allow you to file a 3rd party
persons or parties not impleaded in the original number if assigned.
complaint. You allege that you have already sold
your car to a certain Mr. F and you are not action be brought into the action as defendants The title of the action indicates the names
anymore the owner of the car. in order to have a complete relief in the
of the parties. They shall all be named in
Suppose the court will render decision directing determination in the counterclaim or cross claim.
SEC 13: It has a connection with the 3rd the original complaint or petition; but in
you to pay the victim kay ikaw may registered
owner so mao na nag purpose sa 3 rd party party complaint. subsequent pleadings, it shall be sufficient
complaint. That you will be reimbursed of if the name of the first party on each side
whatever you have paid. Ang problema kung Sec. 13. Answer to third (fourth, etc.) party be stated with an appropriate indication
katong nakasala jud walay ika reimburse nimu.
complaint. when there are other parties.
PURPOSE OF 3rd (4th, etc) party defendant: for
contribution, indemnity, subrogation or any other A third (fourth, etc.) party defendant may Their respective participation in the case
relief in respect of his opponent’s claim. allege in his answer his defenses, shall be indicated.
Take note that the 3rd party complaint has to counterclaims or cross-claims, including
follow the venue and jurisdiction of the main What are in the caption?
case. Sato pa bisan pa ang subject sa imung 3 rd such defenses that the third (fourth, etc.)
 Name of the Court
party complaint way jurisdiction ang court ato party plaintiff may have against the original  Parties
pero ang basehan sa jurisdiction kadto ra jud plaintiff's claim. In proper cases, he may  Title of the action (ex. recovery of
main case.
also assert a counterclaim against the ownership or damages)
Page | 39
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

 Docket no. When one or more paragraphs in the annum as evidence of the promissory note
xxx(this is now your causes of action)
answer are addressed to one of several Why is it necessary to be numbered?
The title of the action indicates the names of the
parties. What are the names of the parties? C VS. causes of action in the complaint, they shall (a) Paragraphs.
D. They shall all be named in the original be prefaced by the words "answer to the So that it would be easier for the defendant to
complaint or petition. Example, ikaw Tiyo unya i- deny each paragraph because each paragraph
first cause of action" or "answer to the
apil imung mga pag umangkon kay imung mga contains an allegation. Those allegations must be
igsuon patay na. So, all your nieces and nephews second cause of action" and so on; and answered.
be mentioned. All the defendants shall also be when one or more paragraphs of the The fact that you allege that you are of legal age
named. That is in the original pleading. But in the answer are addressed to several causes of is very important. Without the term legal age
succeeding pleading or motions pwede na lang et your capacity to sue is questionable. Your
action, they shall be prefaced by words to address is important because it would determine
al.
Example, Juan dela Cruz unya daghan kayo siyag that effect. the venue. Without it your complaint could be
nephews ug nieces. Lima sila ka magsuon ug (c) Relief. - The pleading shall specify the dismissed.
matag igsuon nay napulo ka anak. So, if they are While in the Anwser pwede na i-deny pwde na i-
relief sought, but it may add a general
all 40’s they should be all mentioned in the admit sa defendant. For example moingun siya
pleading. Juana dela cruz, Ruffa dela Cruz, tanan. prayer for such further or other relief as sa Answer he denies the allegation in par 1
Name them all. However, in the succeeding may be deemed just or equitable. because the truth on the matter is plaintiff does
pleadings pwede na lng et al.so, Juan dela Cruz, not have legal capacity to sue because he is a
(d) Date. - Every pleading shall be dated.
et al. What is et al? It means and others. Dili na minor. Pwede niya e-deny na. Or pwede niya e-
et als. deny nga you are not a resident of Cebu City has
This is the most important part of the pleading.
never been a resident of Cebu City. Mao
It sets forth its designation, the allegations of the
SEC 2: BODY importante imung numberan imung paragraphs.
party’s claims or defenses the relief prayed for
(b) Headings.
and the date of the pleading.
As what we have learned earlier that causes of
The body of the pleading sets forth its Ang diri sa body sugod sa title. Unsa man na xa
action if you have 2 or more causes of action the
designation, the allegations of the party's klase nga pleading----->>>complaint. Mao na na
two can be joint. If there are two causes of action
siya sugod sa body. And then ang allegations, the
claims or defenses, the relief prayed for, imu ng numberan, first cause of action, second
paragraphs. Mao na ni ang pinaka importante.
and the date of the pleading. cause of action. If that is you have different
The allegations in the body of a pleading shall be
causes of action. Ayaw butangi ug 1st cause of
(a) Paragraphs. - The allegations in the divided into paragraphs. Your pleading shall be
action unya usa ra d ai imung cause of action.
divided into paragraphs ug kanang paragraph sa
body of a pleading shall be divided into Judge D: Kakita ko ug complaint collection for
pleading lahi na sa paragraph nato katong sa
paragraphs so numbered as to be readily sum of money. Usa ra gud ka loan gud. Gibutang
writing. Kay sa usa ka pleading ok ra usa ka
niya, 1st cause of action failed to pay, 2nd cause of
identified, each of which shall contain a sentence unya another paragraph na sad.
action plaintiffs suffers sleepless nights. Another
statement of a single set of circumstances Ex:
cause of action di ay na? Di man nimu matawag
Complaint.
so far as that can be done with nga separate cause of action na. Kay usa ra man
C by counsel alleges that:
convenience. A paragraph may be referred ang cause of action kana ra mang wala ka
1. He is of legal age, married and a resident of
mibayad.
to by its number in all succeeding xxx where summons and other processes of this
(c) Relief
court may served. Defendant is likewise of legal
pleadings. Mao ng allegations nimu sa body is very
age, married and a resident of xxx where
(b) Headings. - When two or more causes of important. The nature of your action is
summons and other processes of this court may
determined by the allegations in the body not in
action are joined, the statement of the first served;
the caption.
(Numberan jud na nimu numberan.) your
shall be prefaced by the words "first cause For example your caption is for ejectment for
paragraph must be numbered. 1..2..3..4
of action," of the second by "second cause unlawful detainer. Pero imung gi- allege sa body
2. That sometime on xxx defendant obtain a loan
wala ka mi demand to vacateimportante man
of action," and so on for the others. in the amount of xxx with 12% interest per
kayo na sa ejectment. Although the title is for
Page | 40
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

ejectment your cause of action is not actually for therein, or fails to promptly report to the nadunggan, mao man na akong information. So
ejectment. Your cause of action may only be for dili na pwede. Information and belief. It must be
sum of money. I-review jud na nimu. Tan awon court a change of his address, shall be based on personal knowledge and authentic
nimu kung naa ba ang tanang elements. If your subject to appropriate disciplinary action. documents.
action is for sum of money your action could be Q: Is the pleading required to be verified?
dismissed if you do not allege prior demand to If the party is represented by the counsel then A: Generally, NO but if there is a provision of the
pay. If you do not have demand to pay your the counsel will sign the pleading. Take note that Rules of Court or law that such particular
action is premature and that could be dismissed. if the pleading is unsigned the same will not pleading must be verified then the same should
Then the relief is in the prayer. You know lawyers produce any effect. If there is any scandalous or be verified.
are so prayerful. Kana gud nay WHEREFORE. indecent word in the pleading the same could be Examples of pleadings that need verification:
Unya naa pud kay pakapin in case naa kay deleted and the counsel could be subjected to  Special civil actions such as Petition for
malimtan. Other reliefs and remedies are likewise disciplinary action. You should be careful with Certiorari, Mandamus
prayed for which are just and consistent in laws your words. You should learn to use appropriate  Under summary procedure
and equities. words. Usahay ang lalaisan ka yang term sa
(d) Dated pleading nimu kung sakto ba imung paggamit.
Kung wala gane mi ingon nga e-verify then dili e-
Every pleading must be dated. That is the date You should be courteous in your words.
verify. Pero ang mga counsels maniguro bisan
when you prepare your complaint. Pero ang wala gi-require nga ipa verify, e-verify lang gyud.
tinud-anay jud nga pagfile ana katong tatak kung SEC 4: VERIFICATION
Para safety siya. Nganu ma benefited man ang
kanus-a gidawat. counsel ana kung iya ipa- verify? Kay naa man
Except when otherwise specifically required didto nga i have read and understood the
SEC 3: SIGNATURE AND ADDRESS OF THE allegations if dunay allegations didto nga it
by law or rule, pleadings need not be under
PARTY turned out nga bakak dili siya maka ingon nga
oath, verified or accompanied by affidavit.
wala siya ka basa. Dili siya maka ingon nga
Every pleading must be signed by the party A pleading is verified by an affidavit that abogado ra man nako ng gabuhat2x. Sato pa
or counsel representing him, stating in the affiant has read the pleading and that mas maayo nga bisan wala gi require imu
the allegations therein are true and correct gihapong iparevify for your safety. Basin adunay
either case his address which should not be
mga allegations diha nga bakak na. Even if a
a post office box. of his knowledge and belief.
particular pleading is required to be verified
The signature of counsel constitutes a A pleading required to be verified which dunay daghang decision sa SC nga ang
certificate by him that he has read the contains a verification based on verification is only a formal requisite. What does
it mean to say formal requisite. Meaning, it will
pleading; that to the best of his knowledge, "information and belief," or upon
not affect the jurisdiction of the court. Bisan pa
information, and belief there is good "knowledge, information and belief," or ang usa ka pleading gi require nga iverify. Pwede
ground to support it; and that it is not lacks a proper verification, shall be treated ra ang court mo order nga ipa amend because
as an unsigned pleading. verification is a mere formal requisite. It does not
interposed for delay.
affect the jurisdiction of the court.
An unsigned pleading produces no legal  Answer denying an actionable document
As a rule verification is not required. But if the
effect. However, the court may, in its Rules of Court or provisions of law require that
discretion, allow such deficiency to be such particular pleading should be verified then it Pananglitan ang complaint adunay gi attach nga
should be verified. actionable document. Sa imung answer imu ng
remedied if it shall appear that the same
Verification murag affidavit ra jud na. Subscribed gi- deny, your answer must be under oath.
was due to mere inadvertence and not and sworn to unya ibutang nimu didto that the Another important part of initiatory pleading is
intended for delay. Counsel who client/plaintiff has read and understand the the Certification Against Forum Shopping. It is
contents of the complaint. That all the just like an affidavit. Wherein the plaintiff or
deliberately files an unsigned pleading, or
allegations, all jud na are true and correct of his petitioner alleges that there is no other case
signs a pleading in violation of this Rule, or own personal knowledge. Take note of the word pending in any court or other tribunal, involving
alleges scandalous or indecent matter personal knowledge. Dili jun ng information kay the same issues over the same parties. If ever
ka ng information chismis jud na. Sa akong there is they should indicate the stage of the
Page | 41
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

proceeding or if they should learn after that there or quasi-judicial agency and, to the best of his failed to state or if your pleading does
is an action they should undertake to inform the knowledge, no such other action or claim is not contain any cafs, the same shall be
court within 5 days from knowledge of the said pending therein; (b) if there is such other pending dismissed. The pleading cannot be
action. action or claim, a complete statement of the
amended,it has to be dismissed although
So now, who will sign the Cert Against Forum present status thereof; and (c) if he should
Shopping? It should be the plaintiff himself. It is thereafter learn that the same or similar action or the dismissal is without prejudice. But if
required only in an initiatory pleading. claim has been filed or is pending, he shall report the failure to state the pendency of
So, the question does an Answer require a Cert that fact within five (5) days therefrom to the another case is willful; sa ato pa nakafile
Against Forum Shopping? Generally, NO because court wherein his aforesaid complaint or initiatory naka pero imo jd gituyo ug tago, you
an Answer is not an initiatory pleading but if your pleading has been filed. deliberately did not state in your cafs
answer adunay gitawag nga PERMISSIVE Failure to comply with the foregoing requirements that there is such a pending case, aside
COUNTERLCAIM wherein a permissive shall not be curable by mere amendment of the
from possible disciplinary action, the case
counterclaim is another pleading but is allowed complaint or other initiatory pleading but shall be
to be included in an answer. Thus, Answer with cause for the dismissal of the case without that you filed could also be summarily
permissive counterclaim must have a Cert prejudice, unless otherwise provided, upon dismissed. But if it is not deliberate, the
Against Forum Shopping. motion and after hearing. The submission of a same could only be dismissed upon
Effect if pleading does not contain Cert Against false certification or non-compliance with any of MOTION because the same can be
Forum Shopping: unlike Verification wherein the the undertakings therein shall constitute indirect WAIVED.
court may allow amendment under the Rules contempt of court, without prejudice to the
your action shall be dismissed (referring to failure corresponding administrative and criminal
to secure Cert. Against Forum Shopping) without actions. If the acts of the party or his counsel
prejudiced. clearly constitute willful and deliberate forum
But take note that if you deliberately withhold the shopping, the same shall be ground for summary ← Bisan tu.od imong pleading walay
information regarding the pendency of other dismissal with prejudice and shall constitute
certificate against forum shopping [cafs],
cases you can be disciplined. Cited for indirect direct contempt, as well as a cause for
contempt and the action could be dismissed with administrative sanctions. pero imong kontra dili mu question, this
prejudice. If there was a wilful and deliberate ← There should be a certificate against his non objection is considered WAIVED.
forum shopping. The Certification must be signed forum shopping [cafs]. This is required So mao na na nagkelangan ug
by the plaintiff himself. But if there are 2 or more only in an initiatory pleading. You MOTION.The court CANNOT moto
plaintiffs sharing common cause of action the proprio dismiss the case, pero kung
should be familiar with the contents of
signature of one of them would be sufficient. But
certificate against forum shopping[cafs]. tinuyo gani, deliberate and willful,
if they do not share a common cause of action
then each one of them should sign the Cert It is very simple it is just like an affidavit you can be summarily dismissed and
Against Forum Shopping. where you state that there is no other dismissal shall be WITH prejudice.
complaint or there is no other petition or
no other case filed in any court/tribunal ← Unsa may kalainan sa dismissal w/
November 12, 2012 (Monday) involving the same issues and parties. prejudice from dismissal w/out prejudice?
And that if there is any, later on you When an action is dismissed without
Sec. 5. Certification against forum prejudice, the same can be refilled, but if
shopping. learn, there is such a case or action
filed/pending, you undertake to inform the dismissal is with prejudice the
The plaintiff or principal party shall certify under the court about it & its present status dismissal can no longer be refilled bec
oath in the complaint or other initiatory pleading w/in 5 days from learning. the dismissal is equivalent to dismissal
asserting a claim for relief, or in a sworn on the merits.
certification annexed thereto and simultaneously
filed therewith: (a) that he has not theretofore ← By the way, what do you mean by forum
commenced any action or filed any claim ← Now certificate against forum shopping shopping [fs]? Forum shopping the SC
involving the same issues in any court, tribunal [cafs] is very impt in the sense that if you has explained “there is forum shopping
Page | 42
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

when a result of an adverse decision, in exercised by the BOD and individual authorize. Lahi sa verification, pwede na
one court or forum,or in anticipation Corp. officers must have the authority ang lawyer pero sa cafs strikto
thereof, the parties seek a favorable from the board. Ang makapirma lang sa kayo.Now,uban nga mga lawyers ang
opinion in another forum thru means cafs mao kadtong duly authorize by the kanang verification,mag.una
other than appeal or certiorari by raising board, however the following may sign
identical cause/s of action, same subject the verification even without need of
matter and issues. board resolution. Kinsa mani sila? “ That I am the plaintiff in the above
entitled case, that I have read and
← So nifile kag kaso,gidismiss labi na kung ← Chairperson of the board understood the allegations therein
dismissal on the merits, unya adverse and confirm that they are true and
nimo ang decision, nifile na sad kag lain ← President of the Corp correct to my own personal
ornaka file naka, tan.aw nimo,pildi man jd knowledge. Subscribed and sworn
ko aning salidaha, so now ni file ka napud ← Gen.Manager or Acting to.
sa lain na korte, that would be considered Gen.Manager [dili BRANCH
f.s. MANAGER ha]
← Have you seen a verification?Kinahanglan
← Personnel Officer memorize ni ninyo ha [apil sa exam??
].Uban ana ubos na pirma naa na say
← So in other words, if you are guilty of fs, ← An employment esp.in labor lain…
there is necessarily litis pendencia or res cases [??? Wa ko ka-g pd ]
judicata. That I have not commence/filed any
As they are in the position to verify the action in another court/tribunal etc.
correctness in the allegation in the petition.This is ← Aron dili magbalik.balik, ug subscribe and
the ruling of SC in the case of Cagayan Valley sworn to, ana kausa ra pirmahan,usahon
Corp vs.Comm. on Internal Revenue 2-13-2008. ra ang technique samag abugado
← SO those are the parts of the pleading,
now certificate against forum shopping “verification & certificate against forum
[cafs] must be signed by the litigant ← In another case decided by SC, BA shopping. Mao ni ang technique sa mga
himself and not by the counsel, but if the Savings Bank vs Sia et.al 7-27-2000 and practitioners.
plaintiffs or there are 2/more plaintiffs BPI Leasing Corp. vs CA et.al. 11-18-2003
who share common cause/s of action one ← The allegations in the body of the
SC said “Especially authorize lawyer who
of them may sign or the signature of one pleading are very important. Because the
has personal knowledge of the facts
of them in the cafs could be sufficient nature of the action as to what case are
alleged may sign the certification.
provided they share common cause/s of you filing does not depend on the
Especially authorize lawyers include the
action/defense. [Pacquing vs. Coca-Cola caption/ title of the pleading that you
counsel of record who has personal
Phils. Inc. 1-31-2008 filed but the allegations in the complaint.
knowledge of the facts alleged, may sign
the certificate of verification. ← And you should be careful in the
← Now, as regards juridical persons, who
will sign the cafs? Now according to SC as preparation of your pleading; see to it
regards juridical persons Secs. 4 & 5 of that your pleading could not be subjected
Rule 7 are silent as to who the authorize ← So those are the parts of a pleading; so to motion to dismiss [md]. For ex. Your
signatory should be. But under Sec. 23 in take note ha, important kayo ang case is a real action, it is impt. That you
relation to Sec. 25 of the Corporation cafs,dilipwede ang abugado ang mupirma should allege the assessed value. So for
Code, all corporate powers shall be except if the lawyer is especially ex. If you are filing a case for recovery of

Page | 43
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

possession/ownership>>> that is real Plaintiff by counsel alleges that he is


action. You should not forget to allege the of legal age, married, resident of…
assess value of the real property bec if ← Another Bar Question, the plaintiff filed a defendant is likewise…
you do not allege, the same can be collection case against Y for 300K before
dismissed on the ground of lack of MTC for his car loan. X filed a collection That sometime on Jan. 15, 2010, the
jurisdiction kay unsa may basehan ana sa case against Y for the latter’s car loan; X defendant obtained a loan in the
korte na dunay jurisdiction. also prayed for a writ of replevin in order amount of 300K from the plaintiff
to repossess the car valued at 500K, so with the rate of interest 1%/annum
← Now, as regards personal property, the question was. Did the MTC has as evidence by a Promissory Note
impt gihapon ang value. Naa bay assess jurisdiction?>> Accdg to SC:YES, in a [PN], a copy of which is hereto
value ang personal property? Unsa na na sum of money case, jurisdiction is attached as annex A, payable within
kaso kung murecover ka ug personal determined by the amount claimed 1 year thereof.
prop? You call it replevin,no assessed and not by the value of the vehicle
value of it, the value of it will determine under the writ of replevin. That when due date came, the
the jurisdiction of the court. P 300K & [Fernandez vs.Intl.Corp Bank] defendant failed to pay his loan
below, 1st level courts, P300K above, RTC. obligation despite demands. A copy
← RULE 8: of the demand letter is hereto
← Another as for jurisdiction, if your causes attached as annex B.
of action are alternative, pwede man ←
← Section 1. In general. That bec of the stubborn refusal of
kung naa kay alternative causes of
Every pleading shall contain in a the defendant…the plaintiff is
action,pananglitan specific performance,
methodical and logical form, a plain, constrained to seek the services of
pabuhaton nimoug “Deed of Sale” ug dili
concise and direct statement of the the undersigned counsel to which is
gani mubuhat,ingnon na iuli nlang ang
ultimate facts on which the party committed to pay xxx
imong gibayad na kwarta sa auto, so the
causes of actions are alternative. One is pleading relies for his claim or defense,
That the plaintiff suffered xxx
incapable of pecuniary estimation while as the case may be, omitting the
the alternative is capable.So unsaon statement of mere evidentiary facts. Wherefore it is respectfully prayed
nimo pag determine sa jurisdiction sa that this Honorable Court , that
court, the answer is consider CAPABLE OF ← If a defense relied on is based on law, judgment be rendered ordering the
PECUNIARY ESTIMATION. That’s the ruling the pertinent provisions thereof and defendant to pay 300K at 1%/annum
of SC in the case of Cruz vs. Tan 87 Phil their applicability to him shall be clearly interest & another 1% interest as
627.Incapable gikaluhaan ug capable. and concisely stated. penalty until the entire obligation is
paid.
“ When the demand is in the ← Now, dunay duha ka klase sa facts
alternative as in the action to diri.ULTIMATE FACTS [FACTUM
compel the defendant to deliver the PROBANDUM UG EVIDENTIARY
house by completing its construction ← Mao nay gitawag ug ultimate facts, pero
FACTS[FACTUM PROBANS]. The rules
or to pay the sum of money; the inig hearing na,dili na nimo,katong imong
require that only ultimate facts should be
action is considered capable of I present, dili kato ray imong i.istorya. So
stated in the pleading, not the
pecuniary estimation”. [BAR unsaon man nimo pag present during
evidentiary facts. For ex. For a
QUESTION]>>> ALTERNATIVE HA, OR direct examination. Ingnon dayun nimo
collection of sum of money….
GANI….AND GANI THEN CONSIDER pagconduct ug direct examination…
INCAPABLE
Page | 44
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

← And as what we have learned, the ← Kani lang bus imong gisakyan wherein in
Q: Do you know the defendant in allegations in the pleading should be there is contract of carriage bet. you and
this case? divided into different paragraph .Unya the operator or katong reckless na
A: Yes I know him each paragraph must be numbered. dumptruck.Pwede ka ug nay alternative,
Q: Why do you know him?
However in the answer, if the answer of in just 1 complaint you are allowed by the
A: Because he was my former
the defendant for example is based on rules, you are allowed 2/more statements
classmate in the college of law in
law, then he should cite the pertinent of a claim alternatively.Pwede pud
san jose
Q: Where were you sometime in Jan. provisions of the law. hypothetically.
11, 2010?
← Ex. The City of Cebu wanted to collect
A: I attended the birthday party of
taxes from religious schools. Then
the plaintiff
religious schools, they filed an injunction ← Ex.imong depensa,gifile.an ka ug sum of
Q: Where was it held? Did you have
case against the city in order to prevent money, so you have to answer, you
any conversation with the defendant
the city from collecting taxes. Now the deny,nakadawat kay kwarta pero
at that time? While in the course of
City necessarily has to file its answer, in donation ingon niya, then hypothetical…
the conversation, what happened?
A: The defendant ask me if I could the answer, the city has to cite the ASSUMING that it is true, that I borrowed
extend him a loan pertinent provisions of law nga maoy him a sum of money, the same has
Q: How much did he ask? gibasehan niya sa iyang kolekta ug buhis already prescribed.
A: 300K kay part mana sa iyang depensa.
Q: Was your agreement reduce into
writing? ← If a defense relied on is based on
A:Yes law, the pertinent provisions ← When two or more statements are
Q: What is your proof? thereof and their applicability to made in the alternative and one of
A: I have a PN them if made independently would
him shall be clearly and concisely
stated be sufficient, the pleading is not
made insufficient by the
← Mao to siya ang gitawag ug evidentiary
insufficiency of one or more of the
facts. Taas kayo, kung katoy imong isulti ← SO dili lng ultimate facts sa iyang
alternative statements.
didto sa imong complaint, taas kayo. The depensa, kung dili ang iyang depensa
rules require that only the ultimate facts naglakip ug balaud, then the pertinent
provisions must also be cited. ← Meaning, if you have 2 alternative
shall be statedin the pleading, meaning
statements of cause/s of action, it is
only those facts which constitute your
← So for ex. Ikawy plaintiff, nagduha2x ka enough that one of them is sufficient.Kay
cause/s of action.Katong detalye,adto
asa nila ka ka.kolekta, pwde nimo sa usa gud ka kaso,usa raman ka cause
nato during the presentation of your
i.alternate imong cause/s of action. You of action ang gikinahanglan.
evidence.
are boarding a bus, the bus was bump by
a speeding and reckless dumptruck. So Sec. 3. Conditions precedent.
you’re not brought to your destination. So In any pleading a general averment
← And aside from that the rules require that kinsa may imong file.an ug kaso.Pag of the performance or occurrence of
you present the ultimate facts in a gikan nimo sa terminal duha pay imong all conditions precedent shall be
methodical and logical manner. bukton, pag.abot sa unahan kay usa sufficient.
Magsunod ba,chronological. nalang. Kinsa man imong file.an ug kaso?
← If the filing of action, compliance of
condition precedent is required, your
Page | 45
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

allegation or averment would be So for ex. “Plaintiff by counsel xxx, that fraud or mistake must be stated with
sufficient he is of legal age, mao rana, or if he is particularity. Malice, intent, knowledge
filing the case in a rep. capacity, ibutang or other condition of the mind of a
na nimo that he is filing the case for and person may be averred generally.
in behalf of Juan Dela Cruz. A copy of SPA
← Ex. If the case is cognizable by the is hereto attached as annex A. ← What about fraud, ni state ka ug
Katarungang Pambarangay,pwede ran a
condition of the mind…Kahinumdum mo
magbuhat ug usa ka par. didto [katong ← What about a corporation? I state nimo atong voidable marriage? Naay fraud,
sum of money na ex. Nato]>>>The “That plaintiff is a duly organize corp waka kibaw na palahubog diay.Waka
filing of this case, the plaintiff filed under the laws of the Rep. of the kibaw na imo diayng giminyuan bayot,
a complaint in the office of the Brgy. Phils.>>>kana simple na kayo but w/out fraud. Diri na nimo nahibaloan, naunsa
Captain of Labangon Cebu City that allegation, your complaint could be na ni siya, iyang mga barkada puros man
against defendant but no settlement dismissed on the ground that the plaintiff laki,nya kato man jud mga gwapo.Dili
was reached. A copy to file has no legal capacity to sue. baya tanang gwapo uyab…babaye, duna
certification of action is hereto
man say uyab na lalaki. So you alleged
attached as annex C.<<<<< JUST A ← Sa ato pa, katong imong legal capacity
fraud in the petition for annulment of
GENERAL AVERMENT/ALLEGATION OF toa to didto sa imong 1st par. adto pd sa
marriage on the ground of fraud,then you
COMPLIANCE OF CONDITION answer sa defendant, iya pud ng
alleged with particularity the facts
PRECEDENT. tubagon, either admitted or denied
constituting fraud.
specifically.
← Example, actions involving members of
← Sec. 6. Judgment. - In pleading a
the same family, prior to filing the case, ← If par. 1 is admitted,even if wala
judgment or decision of a domestic or
earnest efforts were executed for the mubutang ug legal age, aw
foreign court, judicial or quasi-judicial
parties to arrive at amicable settlement. admitted.Pero kay iyanga giingon that
tribunal, or of a board or officer, it is
“plantiffis a duly reg. corp under the laws
← Sec. 4. Capacity. sufficient to aver the judgment or
of the Rep. of the Phils. But do not know
decision without setting forth matter
whether rehistrado, unsa man imong
showing jurisdiction to render it.
← Facts showing the capacity of a party to ibutang didto,admitted? Ingnon nimo
sue or be sued or the authority of a didto that par.1 of the complaint is
party to sue or be sued in a denied for lack of knowledge as to the ← So for ex.,your defense is res judicata,
representative capacity or the legal truth of the allegation thereof. you alleged that there has been action
existence of an organized association of filed, that action has been decided and
persons that is made a party, must be ← But if kibaw jud ka na wa siya ma terminated, in alleging it in your answer,
averred. A party desiring to raise an rehistro, then you say “ the allegations of it is sufficient to allege the judgment
issue as to the legal existence of any par 1 as regards the capacity of the w/out setting forth that the court has
party or the capacity of any party to plaintiff is specifically denied bec the jurisdiction. Pwede na nimo ingnon didto
sue or be sued in a representative truth of the matter is the plaintiff is not a sa imong answer that this case could be
capacity, shall do so by specific denial, duly registered corp. >>>Bec if you do dismiss on the ground of res judicata
which shall include such supporting not deny, it is deemed admitted. since there has been a pending case
particulars as are peculiarly within the involving the same issues and partners
pleader's knowledge. ← Sec. 5. Fraud, mistake, condition of the and the same has already been
mind. In all averments of fraud or terminated.
mistake, the circumstances constituting
Page | 46
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

← Sec. 7. Action or defense based on Sec. 8. How to contest such Defendant will deny selling. Bahala
document. Whenever an action or documents. When an action or na magkaon kog ginamos,dili nako ni
defense is based upon a written defense is founded upon a written ibaligya ning yuta kay kabilin ni sa akong
mga ginikanan. That Deed of Sale is a
instrument or document, the substance instrument, copied in or attached to
falsification.. So how will he allege in the
of such instrument or document shall the corresponding pleading as answer?>>> Under Sec 8,He must do so
be set forth in the pleading, and the provided in the preceding section, UNDER OATH,meaning, his answer must be
original or a copy thereof shall be the genuineness and due execution verified and not only that, set forth what
attached to the pleading as an exhibit, of the instrument shall be deemed really is the truth as to him.
which shall be deemed to be a part of admitted unless the adverse party, So for ex. “ That the plaintiff is a
the pleading, or said copy may with like under oath, specifically denies them, lawful owner of a parcel of land described
as xxxlocated at xxx. That he acquired
effect be set forth in the pleading. and sets forth what he claims to be
ownership of land by virtue of a sale,copy
the facts; but the requirement of an of which is attached.
← Two ways in alleging actionable oath does not apply when the Sa answer se defendant: “ That the same is
document: adverse party does not appear to be specifically denied under oath, the
a party to the instrument or when allegation in par 3 bec the same is falsified,
← State the substance of the compliance with an order for an the signature is forged.
instrument/document in the inspection of the original instrument
← Bec if you only deny it specifically
pleading and original/copy is refused.
and not under oath, it is deemed
thereof be attached to the
admitted.The genuineness and due
pleading as exhibit [COMMON] ← Sa ato pa, pananglitan PN, properly
execution is deemed admitted. 3
pleaded in a complaint, if the defendant
Ex.: PN---Jan. 15, 2011 “the defendant points you MUST REMEMBER:
wants to contest the genuiness and due
obtained a loan from the plaintiff in the
execution of the doc. Unsa may kalainan ← It must be specifically denied
amount of 300K with a rate of interest
1%/annum as evidenced by a PN duly sa genuineness and due execution?
signed by defendant,a copy of which is ← The specific denial must be
attached as Annex A…>>>SO KANANG GENUINENESS>>>That has something to do under oath
PROMISSORY NOTE [PN] MAO NAY EX. SA whether the document is forged/not. That has
ACTIONABLE DOC, SO PWEDE NIMO I.STATE something to do whether the signature appearing ← The adverse party must set
ANG GIST AT THE SAME TIME,I. ATTACH ANG in the document is a forgery; whether the agent
forth, must allege what really
COPY. PWEDE ORIG/MACHINE COPY, BUT AS is authorize to sign it, or the corp is authorize to
execute if the doc is signed by the corp. the fact as to him.
A MATTER OF TECHNIQUE, IT WOULD BE
VERY RISKY IF YOU ATTACH THE ORIGINAL. DUE EXECUTION>>> Whether there was force,
there was influence, coercion, intimidation ← So if it is admitted,unsa may
Another way, to copy in toto, written in the doc in exerted when the document is signed. consequence ana, meaning he cannot
the pleading. And if you copy, everything written Pwede genuine imong gipirmahan imo jud na anymore allege that document is a
in the pleading, there is no need for you to attach pirma pero not duly executed, bec when you forgery, he cannot anymore say that the
the copy. So kung gist ra gani, you need to attach signed it, you were threatened. agent is not authorize to sign it bec due
the copy,kung imong kopyahon in toto, then no Ex. Recovery of ownership
execution is deemed admitted.
need to attach the copy. P plaintiff filed a recovery of
ownership against Mr.D. He alleged that he
is the owner of the parcel of land bec he ← But other defenses, does it mean iya
bought it.Unsa nay attach didto, syempre gi.admit? Dili, bec iya g.admit mao raman
← What will happen if an actionable
Deed of Sale>>> that is considered ang genuiness ug due execution. Other
document is not properly pleaded? The
actionable document. defenses are still there.Ex.
action could be dismissed.
Page | 47
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

prescription,genuine bitaw pero prescribe defendant nga nkabayad na cya unya duna pay  One is to specifically deny each
naman,genuine bitaw pero bayad receipts? Deemed admitted. Nkabayad na. So the material allegations of fact the
naman,payment, illegality.Other defenses possibility would be the case would be dismissed truth of which he does not admit
if completely paid.
are not waived.Payment, and shall set forth the substance
Naa sa inyo book ruling the case of Hebert vs.
prescription,estoppels etc. Road, an old case regarding the effect of of the matters upon which he
admission of the actionable document. relies to support his denial.
Then, there is the case of Torribio et.al., vs.  Pwed na nga didto sa iyang answer
Bedin. mu.ingon ang defendant that he
← There are instances that a party is not Now, where the case had been tried in disregard specifically denies the allegations of
required to deny under oath an w/ the rule on actionable document and the paragraph 2 of the complaint that the
actionable document. There are only 2 plaintiff oral evidence to prove authenticity and defendant obtain a loan from the plaintiff.
instances: due execution and failed to object on defendants’
So he denies specifically. And set forth, so
evidence and repudiation the rule is deemed
waived, especially if both parties acted in iya pd gi.allege unsay tinuod para niya.
disregard or overlooked the rule on trial. That Ibutang niy, because the truth of the
case of Central Surety vs. Hudges. matter is the amount the we received
← When a party does not
Q: How do you plead an official document? from the plaintiff was a donation, or
appear to be a party to the
 In pleading a official document or official simply mu.ingon cya he denies specifically
instrument OR
act, it is sufficient to state that the the allegations in paragraph 2 that the
document has issued or the act done in defendant obtain a loan from the plaintiff
← When a compliance with an
compliance w/ the law. because the truth of the matter is that he
order for inspection of the
instrument is refused. has never obtained, he has never
Another very important is Section 10, Specific borrowed any amount from the plaintiff,
Denial.
because the truth of the matter is has
Section 10. Specific Denial. - A defendant
must specify each material allegations of never borrowed any amount from the
← So,if there is an actionable document but fact the truth of which he does not admit plaintiff. So unsa mn ang tinuod? Para niya
you are not a party,you are not required and, whenever practicable, shall set forth mao na ang tinuod nga wa jd cya
to deny it under oath. One of the modes the substance of the matters upon which he nkahuwam. That is how you are going to
of discovery is an inspection of document relies to support his denial. Where a make a specific denial.
you request for inspection but it was defendant desires to deny only a part of an
averment, he shall specify so much of it as  Another way of making a specific
refused, then you are not required to
is true and material and shall deny only the denial is partial denial or partial
deny it under oath. remainder. Where a defendant is without
admissions.
knowledge or information sufficient to form
REMEMBER: THIS IS AVAILABLE TO BOTH  In this situation kung sa isa ka paragraph,
a belief as to the truth of a material
DEFENDANT AND PLAINTIFF. averment made in the complaint, he shall dunay cyay portion nga e.admitt duna
so state, and this shall have the effect of a pud cyay portion nga e.deny, then he
…because if reply is not file negative or denial. shall state so. For example paragraph 1,
affirmative defenses are deemed controverted, JD: A defendant must specify each material ibutang didto personal circumstances of
but if the defenses is based on an actionable allegations of fact the truth of which he the party d ba, so paragraph 1 plaintiff
document it is necessary that the same must be does not admit and, whenever practicable, that he is married, of legal age and a
answered or must be replied and the reply must shall set forth the substance of the matters
be under oath because the defense is based on resident of 151 katipunan st. labangon
upon which he relies to support his denial.
an actionable document. o There are 3 ways to support specific cebu city, while defendant is likewise
Q: unsa mn mhitabo kung ang plaintiff d denial. married, of legal age and a resident
mkatubag, d mkafile ug reply adtong answer sa where summons could be serve etc. Now,
Page | 48
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

sa answer sa defendant pwd nah nga naa sometime on January 15, 2011 the  Another is lack of knowledge or
cyay partial denial. For example iya nang defendant obtained a loan from the plaintiff, information. But lack of
admit nga legal age ang plaintiff, unya didto sa imung answer paragraph 2 knowledge or information must
mu.admit nga married pero d cya ibutang nimu defendant specifically denied be done in good faith.
mu.admit nga taga cebu city kai he paragraph 2 for lack of knowledge as to
intends to question the venue. So unsaon truth of the matters thereof sufficient to Note: JD said you should take note on this. Kai
mn na niya, kung ingnon niya sa iyang form a belief etc., that is a denial in bad sa ako nang gika.ingon sa inyo unya pang
abugar paninguha jd nga bhala mapildi kai
answer the allegations in paragraph 1 are faith, that is considered as admissions.
imposible mn nga tabla or tanan nimu kaso
admitted, aw admitted to tanan. Na kai Q: kanus.a mn d i mhitabo nga good faith
daog ka paninguha nga mapildi based on the
naa mn portion nga dle e.admit kadtong ang imung pag deny for lack of knowledge. merits. Meaning to say throught presentation
residence. So for example ingnon niya For example didto sa katapusan sa of evidence dle nang technicalities.
nga paragraph 1 of the complaint is complaint, by reason of the stubborn refusal
partially admitted as regards the age of the defendant of his lawful obligation the Look at the text of this case, there is case in your
the plaintiff etc., but the allegation as to plaintiff has suffered sleepless night, mental book, the case of Capitol Motors Corp vs.
anguish to which the defendant should be Yabbott, 32 SCRA 1. This case is an example of a
the residence of the plaintiff is
general denial. If the allegations in the complaint
specifically denied because the truth of ordered to pay moral damages in the
is not specifically denied that would be
the matter is the plaintiff was never been amount of1million. Unsaon mn nah nimu considered as general denial and general denial
a resident of cebu city. That is how you pagtubag didto sa imung answer? Ah mao is considered as an admissions. So you read this
are going to make a partial denial. So na nah, that paragraph 8 of the complaint is case, para mkahibw mu gi.unsa pag.answer the
pwd pd nimu balihon. Ingnon nimu, the specifically denied for lack of knowledge, so counsel sa defendant nganu mn nga ni.ingon ang
allegation in paragraph 1 as regards to mao na nay lack of knowledge. Nganu mn? SC nga general denial. Because he just say
Wa mn ka khibw ug tibuod ba nah nga specifically denied w/o stating any supporting
the resident of the plaintiff is specifically
statements as to what really the truth according
denied because the truth of the matter is nisuffer ban a cya ug sleepless nights d ba.
to the defendant. So SC said deemed admitted
that the plaintiff was never been a Tinud.anay mn jd nga wa ka kahibaw, so unya pag submit sa defendant sa iyang answer
resident of cebu city. The rest of the mao na nay gitawag ug specific denial for nga general denial and gibuhat sa plaintiff kai
allegation are admitted. lack of knowledge made in good faith. general denial is considered as an admission he
Because kung mao na imung gideny bsan filed a motion to rendered decision based on the
 Another way of making a specific naa ka personal knowledge or information, pleadings. Judgment on the pleadings.
denial is by saying that you do your denial bisan ug pakapinan pa na nimu
Section 11. Allegations not specifically
not have any knowledge. ug specific denial for lackl of knowledge that denied deemed admitted.- material
 But take note that you should do it in good would be considered as an admission. averment in the complaint, other than
faith. For example paragraph 1 plaintiff that those as to the amount of unliquidated
he is married, of legal age etc and while Usbon nko ha importante jd neng section 10. damages, shall be deemed admitted if not
defendant is of legal age etc. ibutang nimu Section tells as the 3 ways of making a specific specifically denied. Allegations of usury in a
didto that paragraph 1 of the complaint is denial. complaint to recover usurious interest are
specifically denied for lack of knowledge as  No.1 is to specifically deny and deemed admitted if not denied under oath.
to the truth of the allegations therefore. Wa set forth the substance of the Take note that denial is specific denial not
matters upon which he relies to because of the word specific, bisag naa pa nang
d i ka khibw nga ibutang didto sa paragraph
support his denial. He should word nga specifically denied, bsan naa pa nang
1 nga gibutang didto that the defendant is word nga specific ang imung denial is not
likewise married, wa d i ka khibw nga state as to the truth. Unsa mn
specifically denial of you do not follow what we
married ka nga of legal age ka? So that will ang tinuod. have discuss lately.
 Another is partial denial
show that you did it in bad faith. Another So except as to unliquidated damages, so unsa
paragraph 2 allegation sa complaint, that mn nang unliquidated damages? Kanang
Page | 49
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

mahitungod sa mga moral damages ang opposite Unya didto sa answer the defendant defenses then the same shall be considered
ana liquidated, kanang wa pay klaro, kanang iya ra gbutandg didto, the defendant waived.
magkinahanglan pa ug ebedincya. denies having bumped the car of the G.R. Defenses and objection not pleaded deemed
Unsa mn pd d i nang liquidated damages? waived.
plaintiff under the influence of liquor.
Kanang g.fixed na dha sa kontrata. So kung However, there are objections or defenses
admitted nah then the same shall be considered So unsa mn ang iyang g.deny dha? wherein not pleaded, they are not
proof. But the if bsan g.admit pero the amount So diri sa admission, that he bumped considered waived. And one of it is jurisdiction.
pertains to unliquidated damages the same shall the car but although he was not And we discuss that already. Lack of
be not be considered as admitted under the influence of liquor. You jurisdiction, because as what we have learned
magkinahanglan pa gihapon ug evidence. should also be careful on your denial. jurisdiction over the subject matter can be raised
Allegations of usury in a complaint to even on the first time even on appeal. That is the
recover usurious interest are deemed gen rule. Exception is when there is estoppels or
admitted if not denied under oath. Section 12. Striking out of pleading or laches, and take note of the case of Tiham vs.
 This is another instance wherein matter contained therein. – Upon motion Sibonghanoy. But the case of Tiham vs.
magkinahanglan ug denied under oath. made by a party before responding to a Sibonghanoy is more on an exception rather than
1st is when it is an actionable document pleading or, if no responsive pleading is as a gen rule. Because gen rule is that it can be
permitted by these Rules, upon motion questioned even on appeal for the first time.
and 2nd is when there is an allegations of
made by a party within twenty (20) days Another, aside from jurisdiction, is litis
usury. pendencia that there is another action pending
after the service of the pleading upon him,
or upon the court’s own initiative at any between the same parties for the same cause of
time, the court may order any pleading to action. So it is not considered waived even if you
Now, what do you mean by negative did not file it in a motion to dismiss, even if you
pregnant? When you say that you’re pregnant be stricken out or that any sham or false,
redundant, immaterial, imperfect, or did not allege in your answer. You can raise it
you are not negative, positive nah..heheh, pero later on.
nganu gi.ingon nga negative pregnant mn? scandalous matter be stricken out
therefrom. And another is that the action is barred by prior
 Negative pregnant, that is a kind of judgment that is res judicata.
RULE 9
denial, a form of denial, pregnant w/ And another is by statute of limitations. That
admissions. This is a kind of denial w/c is EFFECT OF FAILURE TO PLEAD is something to do w/ prescription even laches.
considered as an admission. Now, G.R. the court cannot muto proprio dismiss
Take note of these, this is very important. a case.
Example: Section 1. Defenses and objections not  So even of it is apparent in the complaint
pleaded. – Defenses and objection not that the case was filed on a wrong venue,
1. you’re are accused of having 82 bank pleaded either in a motion to dismiss or in G.R. the court cannot dismiss the case
accounts, but you deny having 82 the answer is deemed waived. However, without a motion from the adverse party.
bank accounts but you said that you when it appears from the pleadings or the Exception ka2ng atong gipang.hisgotan
have 4. That is a negative pregnant; evidence on record that the court has no
ganina. Jurisdiction, litis pendecia, res
jurisdiction over the subject matter, that
your denial is pregnant w/ judicata, by statute of limitations the
there is another action pending between
admissions. You denied having 82 the same parties for the same cause, or court may dismissed in any of this ground
bank accounts but you admitted that the action is barred by prior judgment provided that any of this grounds are
having 4 only. orof by statute of limitations, the court apparent in the compliant. So sa ato pa
shall dismiss the claim. bsan pa ug way jurisdiction but the
2. An action for damages. Didto sa kiha
allegation is not apparent then the court
mu.ingon didto ang plaintiff, that the Defenses and objection not pleaded either in a
cannot dismiss the case muto proprio.
defendant bumped the car of the motion to dismiss or in the answer is deemed
waived. If the case is filed in a wrong venue but This is what we called as residula
plaintiff and the defendant at the
you did not raised it ion a motion to dismiss or prerogatives. This is a residual power of
time under the influence of liquor.
you did not raised it as one of your affirmative the court to dismiss the case muto
Page | 50
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

proprio due to lack of jurisdiction. So the defending party, and proof if such motion is an affidavit of merit. What do you mean
pananglitan prescription, kung d gani failure, declare the defending party in by an affidavit merit? an affidavit stating the
apparent dha sa allegation nga na default. cause of the default and the cause of the default
is due to FAME, fraud, Accident, Mistake,
prescribe na ang action d ka dismiss ang
JD: and what is the effect if the defendant is Excusable Neglect. And aside from stating the
corte kai d mn apparent sa allegation, declared in default? The court can rendered ground for default or failure to file an answer, you
unsa mn basihan niya. Pro kung apparent judgment w/o any trial or presentation of should also state that you have a meritorious
dha, klaro dha nga prescribe na then a evidence based on the allegations in the defense.
court may dismiss the case muto proprio. complaint. However if the court believes that Take Note: FAME and MERITORIOUS
Naa pd ra bas a Rule 41 residual there is a necessity of the plaintiffs to present DEFENSE.
jurisdiction, lahe to sya, kani gitawag mn evidence then the court may require the plaintiff Because if you just state in the aff or in the
to present evidence ex parte. motion that you failed to file an answer because
ni ug residual prerogatives. This is a
What do you mean by ex parte? w/o the presence of fraud etc, but did you not allege that you have
power of the court to dismiss the case of the defendant, adverse party. Because once a meritorious defense, you motion will be denied.
muto proprio due to lack of jurisdiction, the defendant declared in default he lost his It should be FAME and MERITORIOUS
etc. standing in court. Wa na cya. What he is entitled DEFENSE.
to is a mere notice of the proceedings. Igo nlng What do you mean by fraud? ilad. For example
cya pahibw.on kung mutunga cya d na cya nagkita mu sa plaintiff or an abogado sa plaintiff,
Defenses and objection not pleaded either in katingog. mao ni sagad nikaha pa mn jd ka oi nga mubayad
a motion to dismiss or in the answer is When is there a default? There is a declaration of mn jd ko, ingon daun ang cliente tagae ko ug 1
deemed waived. So unsa mn lesson nimu default after the lapsed of time to file an answer month gud cge 1 month, unya 1 month, unya 15
ane? So bsan imu defenses are hazy, way and upon motion. In other words the court cannot days ra mn to file an answer, file ang abogado sa
klaro, just allege it in your answer. For muto proprio declare the defendant in default. plaintiff ug motion to declare in default unya kai
example you are in doubt either the action There must be motion. Bsan pa ug nalapasa na, wa mn pd ka nkabayad so declare ka in default.
really prescribe, even if you are in doubt just ug nkahbw jd ang korte, they cannot muto So unsa mn imu buhaton? File ka ug motion to lift
allege it in your answer that the complaint proprio declare the adverse party in default, an order of default. On what ground? On the
has already prescribe. Or if you are in doubt there must be a motion. ground of fraud. Because for example the
whether it was refer to the brgy or not, imu Kung nalapsed na gani unya ayha pa counsel of the plaintiff told you that there is no
gpangutana imu client wa pd klaro na tubag, nagpatabang, in practice, ayaw in ipanabi inyo ra need for you to file an answer.
so if you are in doubt just allege. jd ni kung nilapas na ang period unya wa pa Another Accident, you are on the way to the
declare in default, buhati na cyag ug answer court riding your motorcycle na dasmagan mn ka
Section 2. Compulsory counterclaim, or dali2a na ug buhat ug answer kai pwd pa na cay wa ka ka file.
cross-claim, not set up barred- A mafile didto sa korte. The answer can still be Mistake, wa tuod ka ingni sa abogado nga din a
compulsory counterclaim, or a or cross- admitted because there is no order of default yet pafilon ug answer pro ikw mismo you have a
claim, not set up barred. bsta ang imun reckoning point ana is the mistaken belief that there is no need to file an
issuance of the order of default. Even if the answer because you have already agreed the
We have discuss it already Compulsory period to file answer has lapsed but there is no plaintiff that you are going to file your obligation.
counterclaim, or cross-claim if not allege in the order of default yet you can still file an answer. Excusable Negligence – take note of the word
answer considered barred. Of course naa nay exception if it governs the rule excusable. There is no hard and fast rule, kanus.a
Take note ha compulsory, because permissive on summary procedure, na d na jd na madala. mn ka mka.ingon nga ang imung negligent is
counterclaim is not barred. Suppose there is an order of default already, is excusable, take note here that you were not able
there a solution? Yes, there is a solution. If there to file you answer because of you negligent. So
Very important Section 3. is an order of default dle ka pwd mudiretso ug ang pangutana is your negligent excusable? Unsa
submit sa imung answer, you have 1 st to file a mn imu standard, barometer or criteria that you
Section 3. Default; declaration of. – if the motion to lift the order of default, to set aside the negligence is excusable? So kani magdepende ni
defending party fails to answer within the order of default. But there are certain cya sa facts and circumstances which maybe
time allowed therefor, the court shall, upon requirements so that your motion will be granted. excusable. For example ikw abogado nagprepare
motion of the claiming party with notice t o Your motion should be verified and attach to the nka ug answer, unya imu g.instukan imu
Page | 51
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

secretary n efile pagka.ugma, dai naa ko answer ayaw diretso surrender. (guys dghn kau joke c co-makers ra sa loan,ang upat pag
gbuhat sa a2ng cliente, ugma mn gd naa ko judge, in my own words ra na) dawat sa complaint ni.ingon hoi
hearing sa Toledo ikw nlng ane dalikyat sa capitol Thereupon, the court shall proceed to naunsa mn cya wa d i nimu bayre
ang problema ana kai pagka.ugma imung render judgment granting the claimant
imung utang ana pd daun c A ayaw
secretary taas mn kau ug hilanat so that can be such relief as his pleading may warrant,
considered as excusable negligence on the part unless the court in its discretion requires kabalaka ana oi bayran ko na , ah wa
of the lawyer. claimant to submit evidence. Such ra pd cla. So c A ra ang ni file ug
So, after the issuance of the order of default, reception of evidence may be delegated to answer ang upat wa nanubag. So
unsa mn buhaton sa defendant? File a motion to the clerk of court. (1a, R 18) what will happen now? So naa
lift an order of default. Take note the (a) Effect of order of default – A paglaum sa letter c. so when an
requirements. party in default shall be entitled action is based on common cause of
Suppose the order of default was not lifted, to notice of subsequent action against a several defending
the defendant was not able to file a motion
proceedings but not to take in parties some of whom answer and
to lift an order of default, the court has
rendered decision, accomplished na ba? Naa the trial. (2a, R18) the others fail to do so, the answer
japon ka remedy ana. One of the remedy is to (b) Relief from order of default – A filed by the answering defendant
file an appeal. Can you file an appeal when you party declared in default may at shall benefit the others. Therefore the
are declare in default? Yes, you file an appeal. any time after notice thereof and court cannot declare them in default
Ang problema lng ana kung wa kai depensa before judgment file a motion and shall hear the case based on the
imuha. But if the ground of your appeal naa ra under oath to set aside the order answers of the answering defendant.
didto sa allegations sa complaint for example of default upon proper showing
prescription then pwd na. or file a petition for
that his failure to answer was Even if the court will declare the non-
relief from judgment (Rule 38), if the
decision has already become final. Before due tO fraud, accident, mistake, answering defendant in default, still
the finality of the decision aside from filing an inexcusable negligence and that the answers of the answering
appeal you may a motion for new trial. he has meritorious defense. In defendant shall benefit the non-
So dghn ka remedy, file a motion to lift the order such case, the order of default answering defendant, as if they were
of default or if there has been a decision but not may be set aside on such terms not declared in default.
final file an appeal,or motion for new trial FAME and conditions as the judge may
japon ang ground sa new trial, or if the decision Naa decisions dha sa inyo libro,
impose in the interest of justice.
becomes final file a petition for relief from basaha na dha wa na ta time
(c) Effect of partial default – When a
judgment.
pleading asserting a claim states pagdiscuss ana 1 by 1.
You can even file a certiorari on the ground the
court acted in excess of his jurisdiction. For a common cause of action
against a several defending As far as declaration of default is
example that the order of default is void, you’re
declare in default before the lapsed of time to file parties, some of whom answer concerned I have given to you that
and answer. For example wa pa mulapsed ang 15 and the others fail to do so, the case of Gomez vs. Motalban, march
days nya naa na order in default. Is the order of court shall try the case against 14, 2008. You read that case.
default is valid? No. that is void. And that can be Regarding the effect of default.
all upon the answers thus files
question through petition for certiorari.
Case of JD: there was already a decision, but he and render judgment upon the
Can a party declared in default
found out that there is no proper service of evidence presented.
allowed to testify for his co-
summons since the process server wa jd ni.adto
JD: for example there are 5 defendants? D nmn cya patingogon
sa bukid kai sa bukid mn nag.puyo a client,
defendants, possible mn nah nga kai he lost his standing in the court,
gpadala ra sa habal2. JD said no proper service of
summons so the court did not acquire jurisdiction naay common cause of action nila. could he testify as an ordinary
over the person of the defendant thus the Solidary debtors. A,B,C,D,E. pro c A ra witness in favor of his co-defendant?
decision is void, and so file petition for certiorari, Yes. There is that case of Capili vs.
ang na benefited sa loan kai ang upat
Page | 52
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Florendo, October 9, 1987 case in claim, third-party complaint, now it can be So if the amendment did not change a different
your book. A defendant who has been amended. cause of action then the interruption will retroact
declared in default may testify as an How do you amend? Amend meaning you some from the filing of the original complaint. (guys pls
words there, you add some parties, if you want to check lng s inyo notes kai medyo libog ang
order witness in court in favor of his
implead a new party or a new defendant that is gi.ingon ni judge bwt retroact from the filing).
co defendants. amendment. Simply means amendment is Another important question is, is amendment a
making any change in the pleading. And matter of right? Amendment could be a matter of
(d) Extent of relief to be awarded – A amendment is favored. right and at the same time a matter of discretion
judgment rendered against a How do you amend your pleading? What are you on the part of the court.
party in default shall not exceed going to do in order to distinguished an original
the amount or be different in pleading and an amended pleading. So for Section 2 tells us when is amendment a matter
kind from that prayed nor award example, mufile ka ug complaint unya e.amend of right.
unliquidated damages. nimu. Unsaon mn nimu pagdistinguish or unsa
(e) Where no defaults allowed – if imu buhaton para dali ra nimu madetermine nga Section 2. Amendments as a matter of right
kana cya amended, gawas sa word nga – A party may amend his pleading once as a
the defending party in an action
amended? So imung buhaton ana, complaint nya matter of right at any time before a
for annulment or declaration of imung gchange katong imung amended responsive pleading is served or, in the
nullity of marriage or for legal complaint imung titlelan ug Amended Complaint case of a reply, at any time within ten (10)
separation fails to answer, the unya E.underscore nimu. Katong mga words nga days after it is served. (2a)
court shall order the prosecuting imung gpuno imu pd e.underscore or e.underline.
attorney to investigate whether So that it will be easier for you to point the JD: take note a party may amend a
or not a collusion between the words, the phrases, the statements, the pleading. Kining amendment is dle lang para sa
paragraphs that you inserted or added. So naa na plaintiff pwd sad nga ang defendant mu.amend
parties exist, and if there is no
sa section 7 when any pleading is amended, a sa iyang pleading, an answer is a pleading.
collusion, to intervene for the new copy of the entire pleading, incorporating So you can amend your pleading as a
State in order to see to it that the amendments, which shall be indicated by matter of right before a responsive pleading is
the evidence submitted is not appropriate marks, shall be filed. Sometimes in a filed. Your right to amend as a matter of right is
fabricated. bold letters sometimes in an italic. only once.
Take note that the amended pleading supersedes Example:
RULE 10 the original. So katong original wan a to cya ang File ka ug complaint now, before
katong amended mao na 2. An original is the defendant files his answer sa wa pa cya ni file
AMENDED AND SUPPLEMENTAL PLEADINGS considered withdrawn and no longer part of the sa iynag answer you can amend your complaint
record. However the filing of the amended as a matter of right once. So imung g.amend,
Importante japon ni pleading does not retroact to the date of the pagkahumn nimu ug basa sa amended complaint
Section 1. Amendments in general. filing of the original, hence the statute of nimu naa nmn pd ka nakt.an sayop, wa pa nkafile
Pleadings maybe amended by adding or limitation runs until the filing of the amendment. ang defendant nimu kai nifile mn ug motion to
striking out an allegation or the name of Take note also that if the amendment introduces extend time. Question: can you file an
any party, or by correcting a mistake in the a different cause of action then the prescriptive amendment as a matter of right? Answer? No,
name of a party or a mistaken or period will be interrupted only upon the filing of because you are only allowed to amend your
inadequate allegation or description in any the amendment pleading. pleading as a matter of right once. So do you
other respect, so that the actual merits of D baa to n mn nang nakat.unan nga the filing of mean to say that you could no longer amend
the controversy may speedily be the complaint interrupted the prescriptive period. your complaint? Does it mean to say that you
determined, without regard to Now if you amend your complaint introducing a cannot file a 2nd amended complaint? Answer?
technicalities, and in the most expeditious different cause of action then the prescriptive No, you can amend your pleading the 2 nd time
and inexpensive manner. (1) period of the different cause of action that you but this time you need leave of court. You have to
JD: so pleadings, himumdumi 2ng mga pleadings new introduce will be interrupted upon the filing file a motion and ask the court to allow you to
nga atong nakat.onan, Complaint, Answer, Cross- of the amendment pleading. amend the complaint.

Page | 53
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Now, when it is a matter of right there is no need So, on the part of the plaintiff, he could whose cause of action has not yet accrued
for you to ask permission to the court, to ask amend his complaint as a matter of right before cannot be cured or remedied by an amended or
leave of court. However ang uban ang abogado the defendant files his answer. supplemental pleading alleging the existence or
mapabilib n respectful cla, file na cla ug motion accrual of action while the case is pending. Such
to file amended complaint. Pro that is not On the part of the defendant, his right to an action is prematurely brought and is therefore
necessary. That is why on the part of the amend his answer is a matter of right before the a groundless suit which should be dismissed by
defendant it is not advisable to file a motion to plaintiff would file a reply. the court by the proper motion filed by the
dismiss. Why? Because when you file a motion to defendant. In other words, the SC said that it
dismiss you just giving the plaintiff an Q: Suppose after the defendant is served cannot be remedied by the amended complaint!
opportunity to amend his complaint as a matter with summons, file a motion to dismiss the
of right. So what are you going to file, instead of complaint. Can the plaintiff still file an amended But Dean Riano has different OPINION,
filing a motion to dismiss? You file an answer and complaint despite the fact that the defendant because he said the amended complaint should
just include the grounds for your motion to filed a motion to dismiss? be admitted because there was no responsive
dismiss as an affirmative defense. Why? What is pleading yet filed.
the effect? Because when you file your answer A: YES! Because a motion to dismiss is
you have now file a responsive pleading. A not a responsive pleading. General rule, before a responsive
motion to dismiss is not consider as a pleading is filed, amendment is a matter of right!
responsive pleading. So if you file a motion to So, before the service of a responsive Even if the amendment is made in order to give
dismiss then you have not filed any responsive pleading, a party has the absolute right to amend jurisdiction to the court. Kaning Suagman Case
pleading yet and therefore the plaintiff can still his pleading, regardless of whether a new cause kay exception to the rule ni. Unya,
amend his complaint as a matter of right. And so of action or a change of theory(?) is introduced. QUESTIONABLE pa ni siya na ruling. GENERAL
after filing your answer with affirmative defenses When you say a matter of right, there is no need RULE: Before a responsive pleading is filed,
if the plaintiff wants to amend his complaint, it to ask permission from the court. But as we amendment is a matter of right.
would not be a matter of right. Necessarily he discussed last meeting, some lawyers as a
has to file a motion asking the court to amend his matter of courtesy to the court even amending For example, a complaint for a sum of
complaint. the pleading as a matter of right, they would file money is file before RTC for collection of 300K.
motion to amend the complaint or pleading, Which court has jurisdiction? MASTERA
November 16, 2012 (Friday) before amending the pleading. JURISDICTION OF DIFFERENT COURTS, SPECIALLY
RTC AND FIRST LEVEL COURTS! First level court!
The last topic was about amendment. In one case, decided by the SC, a plaintiff Now, the defendant filed a motion to dismiss on
Amendment can be a matter of right, it could files a complaint for some of money before the the ground that the court does not acquire any
also be discretion on the part of the court. promissory note became due. Sa wa pa ni-due jurisdiction. While the motion is pending, the
Matter of right on the part of a party. ang utang, naningil ug sayo ba. Ana defendant, plaintiff amended the complaint and increase the
Party here could be a plaintiff as regards his ayaw sah kay wa pa kwarta. Because of the amount collectible to 500K. After amending his
complaint, also could be a defendant as regards refusal of defendant to pay loan earlier, plaintiff complaint, filed a comment on the motion to
to his answer. file a collection for some of money against the dismiss asking the court to deny the same
defendant. Upon receipt of the summons because the court has now jurisdiction over the
“Sec. 2. Amendments as a matter of right. together with complaint. Defendant filed a subject matter.
motion to dismiss for failure of the complaint to
← A party may amend his state cause of action, kay wa paman due. While Question: Should the court grant the
pleading once as a matter of right at the case is pending, the loan became due. Na- motion to dismiss?
any time before a responsive due na siya. So, what gi-buhat sa plaintiff, file
pleading is served or, in the case of siya ug amended complaint. Should the court Answer: NO! Because the complaint as
a reply, at any time within ten (l0) admit the amended complaint? (This was asked already been amended, that the amendment is
days after it is served.” in the 2008 Bar Exam) proper even it was made without leave of court.
Because amendment is still a matter of right.
Question, when is it a matter of right? A: In the case of Suagman Travel(?) vs. Because there was stilt no responsive pleading
CA, 455 SCRA 175. According to SC, a complaint
Page | 54
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

filled. (This question was also asked in another Kanang motion to amend, when is has no jurisdiction over the original
bar exam.) already a matter of discretion on the part of the complaint and the purpose of the
court, motion to amend must contain notice and amendment is to confer the
PERO, kunga naka-file na ug answer, dili hearing. Butanagan ra ug please take notice that jurisdiction on the court. (Kato
na pwede kung way leave of court. In fact, the foregoing motion is set… on.… Every Friday example nato, ayaw libog kay, akto
panaglitan kung answer pa to ang gi-file sa afternoon i0set mga hearing. Pahibalo na naay primerio nato na example, wala pay
defendant, with affirmative defenses that the hearing. If wala, your motion is considered as responsive pleading. Pero once naa
court does not have jurisdiction, the complaint mere scrap of paper. nay responsive pleading, di na nimo
could not anymore be amended. Lahi sa original ma-amend if the purpose is to confer
problem kay walay jurisdiction ang court iya gi- Same ra sa certificate of non-forum jurisdiction upon the court. Timan-e
amend. Karon, naka-file na responsive pleading shopping, pero if wala ang imo complaint, will ninyo!)
ang defendant, naka-file na ug answer ang cause the dismissal of your complaint. And if 2. If it would result in delay.
defendant. Di na niya pwede ma-amend and deliberately done will cause dismissal with 3. If the plaintiff has no cause of action
iyahang complaint. prejudice. Same ra sa notice of hearing. of action at the filing of the original
complaint and the purpose of the
An amendment of a complaint could not amendment is to introduce a
allowed when its purpose is to confer jurisdiction “Sec. 4. Formal amendments. subsequently-accrued cause of
upon the court. Since the court must first acquire action.
jurisdiction over the case in order to act validly ← A defect in the designation of
therein. BUT, an amendment to confer the parties and other clearly clerical Take not of the responsive pleading.
jurisdiction could still be valid done if no or typographical errors may be Maski kalimot mo sa Suagman case. Naa points
responsive pleading is filed. (This was asked in summarily corrected by the court at gihapon!
the 2005 bar exam.) any stage of the action, at its
initiative or on motion, provided no
← prejudice is caused thereby to the “Sec. 5. Amendment to conform to or
“Sec. 3. Amendments by leave of court. adverse party.” authorize presentation of evidence.

← Except as provided in the These, kanang formal errors like ← When issues not raised by
next preceding section, substantial topographical errors or clerical errors, can be the pleadings are tried with the
amendments may be made only done even if there is already responsive pleading express or implied consent of the
upon leave of court. But such leave is filed. parties, they shall be treated in all
may be refused if it appears to the respects as if they had been raised
court that the motion was made with To summarize, when is amendment of in the pleadings. Such amendment
intent to delay. Orders of the court pleading a matter of right? of the pleadings as may be
upon the matters provided in this necessary to cause them to conform
section shall be made upon motion Answer: 1. Before an answer is filed. to the evidence and to raise these
filed in court, and after notice to the Before a reply is filed as regards the answer issues may be made upon motion of
adverse party, and an opportunity to within 10 days after reply is filed. any party at any time, even after
be heard.” 2. When the amendment is merely judgment; but failure to amend does
formal. Meaning, clerical. not affect the result of the trial of
Tan-awon nimo ang pag-file sa responsive these issues. If evidence is objected
pleading. If amendment is matter of discretion, to at the trial on the ground that it is
what are the reasons that the court may use in not within the issues made by the
Unsa man ng responsive pleadings? It denying the motion: pleadings, the court may allow the
depends. As regards the complaint, the pleadings to be amended and shall
responsive pleading is the answer. As regards to 1. When it appears to the court that the do so with liberality if the
the answer, the responsive pleading is the reply. motion is made with intent to delay. presentation of the merits of the
(Naa kang Rigalado.) Where the court action and the ends of substantial
Page | 55
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

justice will be subserved thereby. ikaw nakabuhat ug demand, kana imo complaint without objection from the defendant. It is as if
The court may grant a continuance ma-dismiss to for failure to state cause of action. that the demand was raised in the pleading. The
to enable the amendment to be Karon ang defendant (kay naanad sigeg tug2 sa leading is deemed admitted.
made.” (Emphasis Supplied) kalse) wa nagbantay na wa diay demand. Na wa
diay gasuwat ug demand, na wa nakasulti didto ←
Kanang mu-file ka ug complaint, human sa complaint na nay demand. Kay isuwat or “Sec. 6. Supplemental pleadings.
file ka answer, duna dayon nah issues. Kanang alleged jud nimo. Kay maayo gani wa pud kaayo
man gud complaint, allege facts, na nangutang kabantay counsel sa defendant mao wa ka file ug ← Upon motion of a party the
ka wa ka kabayad. Facts nah siya. Unya despite motion to dismiss. Nagfile answer pero wa nag- court may, upon reasonable notice
demand, wa kabayad. Facts that should be allege for failure to state cause of action. In the and upon such terms as are just,
alledged in the complaint. Now, kung sa answer course of the trial, ni-present siya demand letter, permit him to serve a supplemental
na kining facts na mu constitute cause of action ang plaintiff. Take note na ang demand letter wa pleading setting forth transactions,
sa plaintiff. If di nimo allege ang facts didto sa ni siya gihisgutan sa complaint. Ni-present siya occurrences or events which have
complaint, kanang complaint wa jud nah cause of evidence sa demand, wa gihapon ni-object an happened since the date of the
action and i-dismiss jud nah. Like if nangolekta ka pikas. Unsa mahitabo sa complaint? The pleading sought to be
wa nimo gi-state na ni due na. Uns amay imo complaint is deemed amended. supplemented. The adverse party
kuliktahon? So knahanglan, nangutang ni-due may plead thereto within ten (10)
imo gipanginlan or demand. Pananglitan naka-amgo o nakamata na days from notice of the order
ang defendant pag-offer sa demand. “Oi wa man admitting the supplemental
So sa imo answer if imo gani ni gi-admit nah gi-allege ang demand sa complaint ui”. Unsa pleading.”
kani mga allegations, admit ka nakautang ka na mahitabo if evidence is presented and the other
due na ug na wa ka kabayad despite demands. party would object? The court can allow Unsay kalainan sa amended and
So, there is no issue. And so the case is now due amendment. supplemental pleadings?
for decision. Wa naman lalisonon. Coz these facts
are already admitted by the defendant. PERO, if Repeat: If during the trial evidence is 1. An amended pleading results in the
imo gani ni gi-contest sa mga facts sa complaint, presented to prove issues or facts not alledge in withdrawal of the original pleading.
gi-admit nimo na nakautang ka per wa nimo gi- the pleadings, the pleadings are deemed Whereas a supplemental pleading is
admit wa ka kabayad. Argumentation is amended if these are not objected. But it could merely in addition to, but does not
nakabayad na ka. There is now an issue WOON also be objected. What are the grounds for result in the withdrawal of the
you already paid. There should be a hearing kay objection? Wa ni-allege! You cannot present original pleading.
dunay issue. Kung if walay issue, no hearing. evidence for a fact not alleged in the complaint. 2. An amended pleading can be made
Unsa may purpose sa hearing kay the as of right, as when no responsive
presentation of evidence, paminawon witness by - If objected, the court may allow pleading has yet been file. In
way of their evidence. So decision nah base on amendment on the pleadings. contrast, supplemental pleadings are
the pleadings or judgment on the pleadings. always with leave of court.
This was asked in 2000 bar exam. 3.
The parties during the trial, general rule,
are only allowed to present evidence as to the Problem: A complaint for sum of money Quioque vs. Bautista, February 28, 1962.)
issue agreed. Dili ka pwede makapresent filed before RTC did not mention any demand for Generally, one contract will give rise to
evidence to prove na issue na wa gisabotan. payment made to the defendant before filing the one cause of action. Coz there it can only be
When sabotan mga issues to be resolved? During case. But during the trial, the plaintiff offered violated once.
pre-trial. Now, panaglitan, a party would present evidence exhibit A which is the demand letter to
evidence and this evidence is to prove facts na prove that there was extra-judicial demand Exception: one contract there could be
kani facts wa gi-allege sa complaint or sa answer. made. Without objection from the defendant, the several causes of action if the contract it contains
TAKE NOTE: the pleadings are deemed amended. court admitted it. Is it the court correct in stipulations, which are to be performed at
The pleadings are deemed amended to conform admitting it? different times or different dates. In that
to the evidence. For example, dili ba niingon man instance, a violation for each stipulation will
ko ganiha na kung sa imo complaint wa nisulti na Answer: Yes. Because it was admitted constitute as many causes of action per violation.
Page | 56
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Quioque vs. Bautista, February 28, 1962.) only be proper when the transaction that is What is the effect if your answer, naka-
already dues is related to the transaction subject admit ka sa imo loan, pero later on nag duha-
EXAMPLE. Contract of loan has only one of the original complaint. What happened in this duha ka, di lang nimo i-admit, you change your
contract. Pero, if the payment of the loan is made cask ay ang bank nifile ug supplemental mind. You should now file an amended answer.
on installment basis, will give rise to different complaint but subject of the supplemental Amend kay naay sayop.
causes of action. Every installment due would complaint is another promissory note, not the
constitute one cause of action. same promissory note that of the first PN. Now, sa imong original answer, naa may
allegation na favorable sa plaintiff, could it still
However, pananglitan pag-file nimo aning Again: Ang subject sa supplemental be considered as a judicial admission?
kasoha, wa ka kafile pag-due sa first installment, complaint or supplemental pleading must be
pag-file nimo sa second na, usa nalang imo ma- related to the subject ft he original pleading. It Answer: Not. No more. That is not
file kay kato 1st installment already dues should must not be separate or independent from the considered as a judicial admission. Because a
be included in the second installment. original complaint. supercede pleading, original pleading, is already
considered as withdrawn.
When all installments have already due,
you can only file one complaint. “Sec. 7. Filing of amended pleadings. The admission that you made in the
original answer could only be considered to be as
In case pending for the 1 st complaint on When any pleading is extra-judicial admission. What is the effect now?
the first installment, 2nd installment became due: amended, a new copy of the entire If the plaintiff believes that the original answer is
One possible step you could take is to file pleading, incorporating the amendments, useful to his case, to offer it in evidence later on
supplemental pleading or, another is to file which shall be indicated by appropriate in the course of the trial. Mark it and offer it in
another complaint. marks, shall be filed.” evidence. Otherwise, the court cannot consider it
anymore. Why? Because it is already not
Example: Mr. D borrowed 100K from C, considered as a judicial admission. (Section 8)
payable in 10 monthly installments and there is “Sec. 8. Effect of amended pleadings.
no acceleration clause (Note: acceleration clause The superceded pleading if it contains
= if failure to pay one installment tanan mu-due ← An amended pleading admission ,admission si reduced to a mere extra-
na. So, pwede ra nimo matagsa-tagsa if there is supersedes the pleading that it judicial admission.
no accelaration clause. Pero pag naay amends. However, admissions in
acceleration clause, usa ra ka complaint imo superseded pleadings may be
mafile kay considered due man tanan). received in evidence against the ←
pleader; and claims or defenses RULE 11
When the 1st installment became due, Mr alleged therein not incorporated in WHEN TO FILE RESPONSIVE PLEADINGS
c file a collection for sum of money against C for the amended pleading shall be
the amount of 10k (kay 100k man, payable in 10 deemed waived.” “Section 1. Answer to the complaint.
monthly installments). After the case was filed, ← The defendant shall file his
the 2nd installment becae due, C can file a Everything that we allege in the pleading answer to the complaint within
supplemental pleading for the second is considered as an judicial admission. Example, fifteen (l5) days after service of
installment. in the answer you admit the loan, you are not summons, unless a different period
allowed to deny it anymore. You are not allowed is fixed by the court.”
Leobrera vs. CA, 170 SCRA 711 to disown such admission anymore. Kanang pag-
admit sa answer, that is considered as judicial General Rule: 15 days.
The plaintiff here filed a supplemental admission, and a judicial admission does not Question: Are there different periods
complaint but the court denied it because require proof. Lahi nah siya sa extra-judicial other than 15 days?
according to the SC the loan could not be admission. Judicial admission does not require
subjected to a supplemental complaint. proof or evidence., unlike extra-judicial Answer: Yes, Section 2, 30 days.
admission. Another, 60 days when the
Kana gud supplemental pleading could summons was served by publication.
Page | 57
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

amended complaint as a matter of Sec. 4. Answer to counterclaim or cross-


← right, the defendant shall answer claim. A counterclaim or cross-claim must be
“Sec. 2. Answer of a defendant foreign the same within fifteen (l5) days answered within ten (l0) days from service.
private juridical entity. after being served with a copy
thereof. Where its filing is not a We have learned that the
← Where the defendant is a matter of right, the defendant shall defendant in filing his answer may
foreign private juridical entity and answer the amended complaint include a cross-claim or
service of summons is made on the within ten (10) days from notice of counterclaim. Dapat makabalo na
government official designated by the order admitting the same. An gyud mo unsay cross-claim ug
law to receive the same, the answer answer earlier filed may serve as the countercliam.
shall be filed within thirty (30) days answer to the amended complaint if
after receipt of summons by such no new answer is filed. This Rule When the answer of the
entity.” shall apply to the answer to an defendant has counterclaim or
amended counterclaim, amended cross-claim, the plaintiff may file his
Naa somewhere sa Rule 14 Section 14, cross-claim, amended third (fourth, answer within 10 days. Dili naka
15, naa diha ang gitawag na summons by etc.) party complaint, and amended orderan sa court ana. Naa ra na
publication.When summon served by complaint-in-intervention.” nimo if mo file ka or dili.
publication, the defendant is allowed to file his
answer within to a period of not less than 60 Suppose the plaintiff filed an amended Nya as what we have learned,
days. complaint, either as a matter of right or compulsory counterclaim need not
discretion on the part of the court. Pero ang be answered. Nya ang permissive
In counting the 15-day period, you defendant a ni0file ug amended answer. Can he counterclaim needs an answer. But
exclude the first and include the last. Exclude the be declare in default? if the plaintiff wants to file his
date when you receive the summon, and include Answer: NO! If the defendant did not file answer, he may file his answer
the last. an answer to the amended complaint, then the within 10 days from service of the
original answer filed shall be considered as his answer of the defendant so with the
If the 15th day falls on a Saturday, or answer to the amended complaint. cross-claim.
Sunday or a holiday, automatic extension, even if
you do not file a motion to extend, automatic Pero wa pa siya ka file ug answer In permissive counterclaim, it
extension. The last day will be automatically nya gi-amend na. He should file an needs an answer. Otherwise THE
extended to the first working day. answer. PLAINTIFF may be held in DEFAULT.
In real sense, kanang Permissive
Kani 15 days if apiki jud ka sa time, you For example. Naka dawat siya ug counter claim is really a separate
can (lawyer) can file a motion to extend. Motion summons. Unya within 15 days pa claim. It arises out from different
to extend time to answer. You are allowed to file man ka adlaw mo file ug answer. transaction.
until the 15th day. You file a motion for extension Ingon siya, ari lng ko inig ka 15 mo
within the period to file an answer. file. Pag ka ika 14, nakadawat siya Sec. 5. Answer to third (fourth, etc.)- party
ug amended complaint. Wa pa siya complaint. The time to answer a third (fourth,
General rule, you can file for extension. ka answer. Wa pa siya ka file. So etc.)- party complaint shall be governed by the
kinhanglan na mo file gyud siya ug same rule as the answer to the complaint.
Exception, when the case is governed by answer. So, ang iya answer mag basi
the rules of procedure. You canot ask for na ngdato sa amended complaint. Ang 3rd party complain is another
extension. Kay kung ang iyang answer magbasi complaint. It is like an ORIGINAL
pa sa original complaint posible mag COMPLAINT. So, there must be
← yabag. Kay posible nga adunay summon nga i-issue sa 3rd party
“Sec. 3. Answer to amended complaint. gipang usab sa plaintiff. Otherwise defendant. Di pareho sa permissive
he could be declared in default. counterclaim nga way summons.
← Where the plaintiff files an Ang rule ani pareho sa kung dunay
Page | 58
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

original complaint. Answer must be Sec. 8. Existing counterclaim or cross- Pananglitan naa jud kay
served within 15 days after the claim. A compulsory counterclaim or a cross- compulsory counterclaim, barred jud
receipt of the summons. claim that a defending party has at the time he na as a general rule. Kung nakalimtan
files his answer shall be contained therein. nimo nga naa pa diay kay compulsory
Sec. 6. Reply. A reply may be filed within ten counterclaim, pede nimo usbon ang
(l0) days from service of the pleading responded Atong nahibaw-an na kanang imo answer with leave of court.
to. compulsory counterclaim kay
pinugsanay gyud. Kung di ka mo Sec. 11. Extension of time to plead. Upon
Reply is filed usually by the raise ug answer sa counterclaim, motion and on such terms as may be just, the
plaintiff. Generally reply is not the same will be considered court may extend the time to plead provided in
necessary because new matters raised barred. So that it could be these Rules.
in the answer are deemed considered as compulsory The court may also, upon like terms,
controverted. There are two instances counterclaim, the same must be allow an answer or other pleading to be filed
na ang reply necessary, to wit: existing at the time that you file after the time fixed by these Rules.
0 when the defense of the your answer.
defendant is based on an actionable If the period to file answer has
document. So, kun duna kay counterclaim already lapsed, but the court has not
1 When he raise usurious nya di pa na existing from the time yet issued an order in default to the
rate. you file your answer, then it defendant, the latter can still file an
Pede ba mo file ang defendant cannot be considered as answer as long as the plaintiff will not
ug reply? compulsory counterclaim. be prejudiced.( Paramount Insurance
Ans: Yes. The defendant will file Therefore, it cannot be barred Company vs. E.C. Ordonez Corp,
a reply when the plaintiff files an even if you do not raise it. August 28, 2008).
answer to the defendant's anwer with
counterclaim or cross-claim so with the Sec. 9. Counterclaim or cross-claim arising Default judgment is generally
co-defendant. Pananglitan, after answer. A counterclaim or a cross-claim disfavored. Late answer, pede jud na
which either matured or was acquired by a party ma-admit except kung ma govern sa
Si D ug si A gikiha ni C. Si D ni after serving his pleading may, with the summary procedure. Ang imo
file ug answer with cross-claim. Unya permission of the court, be presented as a buhaton ana gyud kung late na ang
si A ni file ug answer with counterclaim counterclaim or a cross-claim by supplemental imo answer file na lang kay kung di
ngadto sa cross-claim. Human ni file si pleading before judgment. makabantay ang pikas ana, di ba ma
A sa answer with counterclaim ngadto waived man?
sa cross-claim, si D ni file ug reply Kung ang imo counterclaim ug
ngadto sa counterclaim. cross-claim will accrue after an RULE 12
answer is filed, the same may be
Sec. 7. Answer to supplemental complaint. presented by filing a suplemental BILL OF PARTICULARS
A supplemental complaint may be answered pleading before judgement. Pwede
within ten (10) days from notice of the order supplemental, pwede pud ka mo file Section 1. When applied for; purpose. Before
admitting the same, unless a different period is ug separate complaint. responding to a pleading, a party may move for a
fixed by the court. The answer to the definite statement or for a bill of particulars of
complaint shall serve as the answer to the Sec. 10. Omitted counterclaim or cross- any matter which is not averred with sufficient
supplemental complaint if no new or claim. When a pleader fails to set up a definiteness or particularity to enable him
supplemental answer is filed. counterclaim or a cross-claim through oversight, properly to prepare his responsive pleading. If
inadvertence, or excusable neglect, or when the pleading is a reply, the motion must be filed
Same rule to the answer justice requires, he may, by leave of court, set up within ten (10) days from service thereof. Such
to amended complaint. the counterclaim or cross-claim by amendment motion shall point out the defects complained of,
before judgment. the paragraphs wherein they are contained, and
the details desired.
Page | 59
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

the defendant. Mao ni gamit sa Bill


A bill of particulars is a motion. of Particulars. Sec. 4. Effect of non-compliance. If the order
Your title in your motion is Motion is not obeyed, or in case of insufficient
for Bill of Particulars. When are you Sec. 2. Action by the court. Upon the filing of compliance therewith, the court may order the
going to file a motion for bill of the motion, the clerk of court must immediately striking out of the pleading or the portions
particulars? bring it to the attention of the court which may thereof to which the order was directed or make
either deny or grant it outright, or allow the such other order as it deems just.
Answer: Before responding to a parties the opportunity to be heard. (2008 BAR
pleading because it is vague. You Exam) Suppose the court upon motion
ask the court to order the petitioner of the defendant that the complaint is
to specify with particularity or with Action by the court upon filing a vague. He wants the plaintiff to
definite statement of the Motion for Bill of Particulars specify with particularity the latter's
allegations in the complaint. ← deny complaint. If the plaintiff did not
← grant comply the order from the court, what
Example, you file a petition for would be the consequence?
annulement of marriage. Ang imong Can the court outright deny the
complaint mubo ra kaayo, “That Motion for Bill of Particulars? Answer: The plaintiff's case could be
you want your marriage to be dismissed. The pleading could be
annuled on the ground of fraud Answer: Yes, if the court finds out that stricken out from the records.
perpetrated by the respondent.” Is the motion is baseless.
there a need to file a Motion for Bill The court ordered the defendant
of Particulars? Sec. 3. Compliance with order. If the motion to particularize his answer. So, the
is granted, either in whole or in part, the Plaintiff files a motion for bill of
Answer: Yes. Unsa na fraud? compliance therewith must be effected within particulars. The court granted the
Daghan mang klasing fraud. ten (l0) days from notice of the order, unless a motion but the defendant failed to
Palahubog siya? Bayot siya? Nasakit different period is fixed by the court. The bill of comply the order. What would be the
ug AIDS? You wil ask the court to particulars or a more definite statement ordered consequence?
order the petitioner to specify what by the court may be filed either in a separate or
particular act or acts committed by in an amended pleading, serving a copy thereof Answer: The defendant could be
the respondent that will constitute on the adverse party. declared in default.
fraud.
Pananglitan ang usa ka party ni Sec. 5. Stay of period to file responsive
Is filing a Motion for Bill of Particular file ug Motion for Bill of Particulars pleading. After service of the bill of particulars
exclusive only to the defendant? (this motion is not a responsive or of a more definite pleading, or after notice of
pleading). Can the plaintiff amend his denial of his motion, the moving party may file
Answer: No. Kay ang plaintiff pede complaint? Yes. He can amend as a his responsive pleading within the period to
man pud mo file ani. Maka file man matter of right. which he was entitled at the time of filing his
siya ug responsive pleading. For motion, which shall not be less than five (5) days
example, ang plaintiff ni file ug Remember: Yaw na lang pag file in any event.
complaint. Unya ang defedant ni file ug Motion for Bill of Particulars kay
ug answer. Nya sa iya answer , mura ra ug imong gitabangan ang When you file a Motion for Bill of
gibutang didto nga nakabayad na. imong kontra pag pa nindot sa iyang Particurs, the running of the
So ang plaintiff pede mo file ug complaint. So, tan-awa kung reglementary period is stopped. For
motion to direct the defendant to makatabang ba ni nga remedy before example, diri ka ni file sa ika napu ka
specify when the payment is made? ka mo file ani. He who has a claim adlaw, then mohunong. Murag
how much was paid? to whom it has the duty to prove the same. If stopwatch ba. If sa ika 14 ka ni file ug
was paid? Who paid? These are the you cannot prove your complaint, motion for bill of particulars, nya ni
questions that need answers from then it could be dismissed. stop. If gi-deny na, dili lng kay usa na
Page | 60
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

lng ka adlaw imo mabilin pag file sa Sec. 2. Contents. The summons shall be notify him that there is a case filed
answer. Gitagaan pa ka sa balaod ug directed to the defendant, signed by the clerk of against him so that he will be given
five days. court under seal, and contain: the opportunity to be heard for the
(a) the name of the court and the names of the claim against him
Sec. 6. Bill a part of pleading. A bill parties to the action;
of particulars becomes part of the (b) a direction that the defendant answer within What will happen if there was
pleading for which it is intended. the time fixed by these Rules; no service of summon or there is
(c) a notice that unless the defendant so improper service of summon?
Matters that answers, plaintiff will take judgment by default
have been particularized will become and may be granted the relief applied for. Answer: The court cannot acquire
part of the pleading. A copy of the complaint and order for jurisdiction over the person of the
appointment of guardian ad litem, if any, shall be defendant. The proceeding and the
RULE 14 attached to the original and each copy of the judgment of the case will be void and
summons. the void decision does not attain
SUMMONS finality.
Together with the summon, i-apil
What we have learned, once the jud ang complaint. Naka attach ang Aside from the service of
case is filed in court, the court complaint ngadto with the annexes of summon, the court can acquire
thereby automatically acquired over the complaint. Kung daghan kag jurisdiction over the person of the
the plaintiff. Automatic na. Now, the defendants, ang number of copies defendant by voluntary appearance
next step is to acquire jurisdiction sometimes mas daghan pa sa no. of in court. Remember that the
over the person of the defendant. defendants. Because each of the voluntary appearance in court
How can the court acquire jurisdiction defendants must be accomplished does not only mean personal
over the person of the defendant? By with the copy of the complaint. appearance. Dili limited sa personal
serving summons. appearance ha because filing a
Pero dihay kaso. Nireklamo siya pleading in court is voluntary
Summons is only an order kay gi declare man siya ug default. appearance.
directing the defendant to file an Kay pagdawat niya sa summon wa gi-
answer within 15 days from service attach ang complaint. So, ni reklamo When a defendant, who was not
thereof with a warning that failure to siya. He questioned the default order served with summon, filed a motion
file his answer, he will be declared in of the court. What is the answer of for extension of time to file answer,
default and the court will act on the the SC? his act of filing is considered as
relief prayed for by the plaintiff. voluntary appearance. Or if he was
Answer: SC said that failure to attach not served with summon or the
Who will issue the summons? By a copy of the complaint in the summon was served improperly but
the clerk of court. summon is a mere technical defect. he files a motion for bill of particulars,
When the summon is served, the his act of filing the same is
Section 1. Clerk to issue summons. Upon the court acquires jurisdiction over the considered as voluntary appearance (
filing of the complaint and the payment of the person of the defendant. Ang maka Pan Asiatic Travel Corp. vs CA 164
requisite legal fees, the clerk of court shall pa acquire ug jurisdiction dili ang SCRA 623).
forthwith issue the corresponding summons to complaint but the summon.
the defendants. When the defendant was already
Kaning summon naay duha ka served summon regarding the
Ang clerk usahay mas hawod pa functions: What are these functions? original complaint, no further
sa huwes. Si Atty. Ygnacio is an ← to acquire jurisdiction over the summon is required in the amended
example ingon si Tablada ay. person of the defendant complaint.
← to inform the defendant
regarding the case against him or to
Page | 61
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Pananglitan, C filed a case posible ang mga military as long as counsel, stating the reasons for the failure of
against D. The summon was served authorized by the court or any service, within five (5) days therefrom. In such a
on D. Later on, C amended his suitable person is authorized by case, or if the summons has been lost, the clerk,
complaint by adding E as another the court mohatud sa summon. on demand of the plaintiff, may issue an alias
defendant. Is there a need to serve a summons.
new summon to E? Kung bukid gyud kaayo. So lisod
kaayo i-adto. So the court can Sec. 6. Service in person on defendant.
Answer: Yes. There was no summon authorize the Brgy. Captain. Ang inyo Whenever practicable, the summons shall be
yet served on him. ra gyud tan-awon THERE MUST BE served by handing a copy thereof to the
AN AUTHORITY FROM THE defendant in person, or, if he refuses to receive
Service of summon upon the COURT. and sign for it, by tendering it to him.
defendant is very important.
Especially when the case is an action- Sec. 4. Return. When the service has The addresses of the defendant
in-personam. As regards to action- been completed, the server shall, within and the plaintiff should be stated in
in-rem and action quasi-in-rem, five (5) days therefrom, serve a copy of the complaint. Para makabalo ang
what is required for the court is to the return, personally or by registered sheriff taga-asa ang defendant.
acquire jurisdiction over the res or mail, to the plaintiff's counsel, and shall
property because summon served return the summons to the clerk who Unsaon pag serve? Timan-i hap
to the defendant in these actions is issued it, accompanied by proof of ang term , SERVICE IN PERSON. Dili
only for the purpose of giving him service. Personal Service. Service in person is
due process. by giving a copy of summon to him.
Kung kinsa man ni nga gisugo sa
court, mohimo gyud siya ug report If naay di modawat nga
Sec. 3. By whom served. The summons may or RETURN. He must state when was defendant, unsay buhaton sa sheriff?
be served by the sheriff, his deputy, or other the summon served? Who was
proper court officer, or for justifiable reasons served? Answer: You tender it to him. So sa
by any suitable person authorized by the imong report butangan nimo nga
court issuing the summons. Ngano kinahanglan man refused to receive and sign.
pahibaw-on ang abogado? Aron
MTC ug MTCC walay clerk of maka bantay siya whether or not Kung modawat nya dili mo
court. Ang mo serve didto mao ang nag file siya ug answer within the pirma?
mga process server. Kung pananlitan reglementary period. Kung wala,
walay sheriff sa RTC wala puy maka file siya ug motion to declare Answer: Butangi sa report nga HE
process server, anybody from the the defendant in default. received but refused to sign.
court can serve summon. Mao nay
gi-mean sa other proper court Supposed the summon was not SERVICE IN PERSON is the
officer. served because there was a change primary mode of serving summon.
of address of the defendant. Just the What about if the defendant cannot
Can other person be allowed to same, the sheriff must make a report be found in his residence kay sige
serve summon? that the summon was not served on lang ug lakaw- lakaw. Unsay buhaton?
the ground that the defendant could Read Section 7.
Answer: Yes if that person is not be located in the stated address
authorized by the court. of the complaint. Sec. 7. Substituted service. If, for justifiable
causes, the defendant cannot be served within a
In civil case, the defendant tuay Sec. 5. Issuance of alias summons. If a reasonable time as provided in the preceding
yuta sa mga abu sayaff. Do you summons is returned without being served on section, service may be effected (a) by leaving
think moadto didto ang mga process any or all of the defendants, the server shall also copies of the summons at the defendant's
server? Aw mahadlok man, so, serve a copy of the return on the plaintiff's residence with some person of suitable age and
Page | 62
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

discretion then residing therein, or (b) by leaving comprehends the significance of 2. That the impossibility of prompt
the copies at defendant's office or regular place the receipt of the summons and his service should be shown stating the
of business with some competent person in duty to immediately deliver it to the efforts exerted made to find the
charge thereof. defendant or at least notify the defendat personally, and the facts
defendant of said receipt of that such efforts fail. And this
Using the language of the summons. These matters must be statement should be stated in the
Supreme Court, if service of summon clearly and specifically described in return.
in person is impossible, the sheriff may the Return of Summons. In serving summons the defendant could be
resulted to substituted service. How? served with summons in the place other than the
November 18, 2012 (Sunday) one mentioned in the complaint. The summons
In the case of Afdal vs. Carlos, could be served in aplace other than the one
December 01, 2010, Supreme Court Sec. 6. Service in person on defendant. mentioned in the complaint.
said: Whenever practicable, the summons
shall be served by handing a copy Example: ang Sheriff in the afternoon served
If the substituted service will thereof to the defendant in person, summons sa balay sa defendant. Nya wala didto
be effected at defendant’s house or or, if he refuses to receive and sign ang defendant. Nya wala lng sa siya mi balik sa
residence, it should be left with a for it, by tendering it to him. office adto lng sa siya sa ayala kay nag sale,
person of "suitable age and discretion anyway duna man koy katarungan kung nganong
then residing therein." A person of wala ko sa office, nag serve man kog summons.
suitable age and discretion is one who The last topic that we discussed was about Unya tua man diay ang defendant sa ayala nag
has attained the age of full legal capacity service of summons. You should remember that shopping sad. So iyang gi duol. “Sir sheriff ko sir,
(18 years old) and is considered to the primarymode of service of summons is by duna unta koy e serve nimo nga summons”.
have enough discernment to understand service in person. But if there are justifiable Ingon ang defendant, “di ko mudawat ana, adto
the importance of a summons. reasons wherein personal service in person didto sa balay, ipa receive didto, ngano gud dinhi
"Discretion" is defined as "the ability to cannot be promptly made then substituted nga dili man ko gapuyo dinhi.” Mi insist jud ang
make decisions which represent a service of summons could be validly made but it sheriff, unya dili man jud mu dawat ang
responsible choice and for which an is required that the justifiable reasons should be defendant. Unsaon man na? ingon ang sheriff “
understanding of what is lawful, right stated in the return. We have learn that the aw ana lang na nimo sir.” Question: is there
or wise may be presupposed." Thus, to serving officer, such as the sheriff, after serving proper service of summons? suppose the
be of sufficient discretion, such summons, he is required by the court to make a defendant just ignored the summon because he
person must know how to read and report whether or not the summons was served . believed that the summons should be served at
understand English to if it was served then he should state in his return his residence and not in any other place, could he
comprehend the import of the summons, how was the service made. If the service is made be declared in default? YES, there was proper
and fully realize the need to througg substituted service, he should state the service of summons, because the summons could
deliver the summons and complaint to reasons, and e state sad didto kinsa man be served in the place other than the place
the defendant at the earliest nakadawat. If the Sheriff ot any other officer mentioned in the complaint. Could it be served
possible time for the person to take serving the summons fails to state in the return anytime? Yes it could be served anytime. LAOS
appropriate action. Thus, the person the reasons why personal service was not made vs. CA 214 SCRA 688
must have the "relation of confidence" to the substituted service would be considered
the defendant, ensuring that the latter improper. Question: can the summons be served by
would receive or at least be notified of registered mail? Could it be sent to the defendant
the receipt of the summons. The Potenciano II vs. Barnes through registered mail? NO. service of summons
sheriff must therefore determine if August 20, 2008 by registered mail is invalid.
the person found in the alleged
dwelling or residence of defendant is The SC states the 2 requiites so that substituted Now going back to substituted service. Tan awn
of legal age, what the recipient’s service could be considered valid: sad sa sherrif kung kinsay naka dawat. Kung sige
relationship with the defendant is, 1. That the defendant cannot be served nag balik balik didto ang sheriff nya dili jud niya
and whether said person personally within a reasonable time ma abtan ang defendant, he can now say that
Page | 63
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

service in person upon the defendant cannot be walay service in person kay wala man jud siya (Potenciano II vs. Barnes August 20, 2008) In
promptly made, so it can now be justifiable in diha. Dili pud siya ka substituted service kay ang giving legal basis just give the requisites in giving
resorting to substituted service. substituted service didto mana hinuon sa balay a valid substituted service of summons under
or sa office. So iyang gi himo iyang gihatag sa section 7.
Sec. 7. Substituted service. guard. “manong guard, ikaw nlang hatag sa
defendant bih, ikay receive ani bih”, so the guard General Rule: There is no summons by mail
If, for justifiable causes, the eventually gave the summons together with the Exception: when summons is made by
defendant cannot be served within a copy of the complaint to the defendant. The publication
reasonable time as provided in the defendant filed a motion to dismiss the case on
preceding section, service may be the ground that the court did not have TAKE NOTE: When summons by publication is
effected (a) by leaving copies of the jurisdiction over his person because there was allowed by law, the service of summons by
summons at the defendant's improper service of summons. Matud pa niya the publication should be coupled with service of
residence with some person of service of summons upon the guard could not be summons by registered mail. KALUHA JUD NI SILA
suitable age and discretion then considered service in person, it could not also be DUHA. Kuyugan jud ug service uof summons by
residing therein, or (b) by leaving considered as substituted service. Matud pa niya registered mail ang summons by publication.
the copies at defendant's office or substituted service should be made at the
regular place of business with some residence or at the office by leaving it with Sec. 8. Service upon entity without juridical
competent person in charge thereof. persons with age and discretion. personality.

Question: Was there proper service of summons. When persons associated in an entity
without juridical personality are sued under
In resorting to substituted service lain pa pud nga Answer: Robinson vs. Miralles 510 SCRA 678. the name by which they are generally or
requirement ang kailangan. There was proper service of summons commonly known, service may be effected
where the summons was made upon the security upon all the defendants by serving upon
That the person to whom it is given should be of the subdivision, where the security guard was any one of them, or upon the person in
person of: instructed not to allow anybody to proceed to charge of the office or place of business
her residence whenever she is out. maintained in such name. But such service
1. Age shall not bind individually any person
2. And Discretion In another case: whose connection with the entity has, upon
due notice, been severed before the action
Dli sad nga basta basta rasad nimo e serve ang The sheriff served the summons upon the was brought.
summons other than the defendant. Kay kung defendant at the latter’s residence. The
imo na e serve didto sa tawo nga ga tanum og defendant was not around. So balik siya sa
opisina kay plano niya mubalik ra siya igka ugma. We have learned that a group which is not
grapes nga seedless or meenus ug kabuot basin registered cannot sue because it has no legal
kanang summons himuon nag tabanog. Ang kato diay defendant naka hibalo na nga naa
siyay kaso kay tingaligi sultian sa helper. So nia personality. But it can be sued.
This is very important! Kay kung magpataka
raka ug hatag didto for example minor de edad adto siya sa iyang abogado, nya ang iyang
basin niya dili na mahatag sa defendant. abogado mi sgo sa iyang messenger, ipa verify How should the summons be served? Upon
didto sa sheriff kung tinuod ba nga dunay kaso. anyone of them or upon the person in charge of
In one case the defendant is residing in a Pagka kita sa sheriff, ang imo diayng amo ang the office or place of business maintained in such
subdivision labi nang mga high class nga abogado aning defendant, so gihatag sa sheriff name.
subdivision, dli k aka basta basta sulod sa didto sa messenger. Gidawat pud sa messenger.
subdivision. And so here is the instruction given And in the answer, if mutubag na ni sila. In the
by the defendant. “wla jud tao imong pasudlon Question: Was there proper service of summons
upon the defendant? answer the defedants must state all their names.
dri sa balay ha, kung wala ko. Walay pa adtuon Dli katong unregistered corporation anme but
nimo sa balay, so kadaghan mag balik balik ang kato jud ilang name. Rule 3 sec. 15.
sheriff, kutob rajud siya sa gate, kay gi ignan Answer: NO. it cold not be considered as service
man ang guard nga wala pasudlan sa balay. So in person nor proper substituted service.
Page | 64
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Sec. 9. Service upon prisoners. Sec. 11. Service upon domestic private may authorized sa pag sign sa certification
When the defendant is a prisoner juridical entity. against forum shopping?
confined in a jail or institution,
service shall be effected upon him When the defendant is a corporation, Ans: Rule 7 sec 5. (please see d provisions. Mao
by the officer having the partnership or association organized under rman ingon ni sir)
management of such jail or the laws of the Philippines with a juridical
institution who is deemed deputized personality, service may be made on the
as a special sheriff for said purpose. What about if the corporation is already
president, managing partner, general dissolved? Pwede pa ban a siya makiha?
manager, corporate secretary, treasurer, or Remember under the corporation code, the
Ang mu serve ani mao ra ang officer having the in-house counsel.
management of such jail- the jail warden or his winding up of corporation affairs. So even if the
deputy. He should serve the summons as special corporation is already dissolved, proper service of
sheriff. So dili ang sheriff maoy mu serve kung Take note that the enumerations here are summons could still be had to the last set of
dili katng officer having management of such jail. exclusive: officers.

Sec. 10. Service upon minors and 1. president,


incompetents. 2. managing partner, Sec. 12. Service upon foreign private
When the defendant is a minor, 3. general manager, Take note: dili juridical entity.
insane or otherwise an incompetent, branch manager.kanag manager nga
service shall be made upon him over all. Kanang tua sa main office.
4. corporate secretary, When the defendant is a foreign private
personally and on his legal guardian
5. treasurer, juridical entity which has transacted
if he has one, or if none, upon his
6. or in-house counsel- lahi ni siya sa business in the Philippines, service may be
guardian ad litem whose
retainer. made on its resident agent designated in
appointment shall be applied for by
accordance with law for that purpose, or, if
the plaintiff. In the case of a minor,
there be no such agent, on the government
service may also be made on his The enumerations here are exclusive, service of official designated by law to that effect, or
father or mother. summons to others is void. (Paramount on any of its officers or agents within the
insurance corp. vs. A.C. Ordonez Corp. Philippines.
August 6, 2008)
We have learn that a minor or incompetent may
sue and can be sued but there is one
Illustration:
requirement: Duna na niya siyay Amendment.
He should be assisted by a guardian.
A legal guardian. If ang kaso naa sa Cebu nya ang isa sa defendant
1. guardian appointed by the court, naa sa Ilocos. It is not necessary for the sheriff to AM. No. 11-3-6-SC AMENDMENT OF
2. the parents personally go there. Ang court here may SECTION 12, RULE 14 • OF THE RULES
3. or the guardian ad litem- he is coordinate with the court there para mag serve OF COURT ON SERVICE UPON FOREIGN
appointed as guardian just for the ug summons. So just imagine ang sheriff diri sa PRIVATE JURIDICAL ENTITY
purpose of that case cebu muadto jud sa ilocos para mag serve ug
summons, pwede pud pero aron dili kayo gasto
E apil ang mama ug papa kung e kiha siya, kung mag mail lng ang clerk of court sa cebu para sa Section 12, Rule 14 of the Rules of Court is
siya pod mu kiha e apil pud ang mama ug papa. sheriff didto sa Ilocos para e serve ang summons. hereby amended to read as follows:
Dili pwede nga siya siya ra ang mu kiha. Dili pud
siya pwede nga siya ra ang e kiha, duna jud siyay Take note: that these officers who are "SEC. 12. Service upon foreign private
kauban. authorized to receive summons are different from juridical entity. —
those officers to sign certification against forum When the defendant is a foreign private
shopping. Kani siay ang gi kiha kay corporation. juridical entity which has transacted
Kung ang nag kiha kay ang corporation. Kinsa business in the Philippines, service may be
Page | 65
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

made on its resident agent designated in ra adto e serve sa government agencies corporation after having acknowledged the same
accordance with law for that purpose, or, if concerned, either sa BSP kung Banko etc. by entering into a contract with it.The principle is
there be no such agent, on the applied to prevent a person contracting with a
government official designated by law to What if =it is not registered? The he cannot sue. foreign corporation from later taking advantage
that effect, or on any of its officers or Generally he cannot sue kay kato rmana ang na of its noncompliance with the statutes, chiefly in
agents within the Philippines. register ang maka kiha. cases where such person has received the
benefits of the contract.
If the foreign private juridical entity is not This amendment provides for other means of
registered in the Philippines or has no serving summons. So in this amendment pwede Sec. 13. Service upon public corporations.
resident agent, service may, with leave of na personal service to be coursed through in the
court, be effected out of the Philippines appropriate country in the other country with the
through any of the following means: assistance of the DFA. So pwede na nga nay When the defendant is the Republic of the
giatwag nga Extraterritorial service. Philippines, service may be effected on the
a) By personal service coursed through the Solicitor General; in case of a province, city
appropriate court in the foreign country or municipality, or like public corporations,
with the assistance of the Department of Kani para ni siya sa foreign corporation, service may be effected on its executive
Foreign Affairs; foreign private juridical entity. head, or on such other officer or officers as
the law or the court may direct.
b) By publication once in a newspaper of Global Business holdings inc. vs. Surecomp
general circulation in the country where Software B.V. If ang imong e kiha is any office of the national
the defendant may be found and by GR. 173463 governmant or any agency of the National
serving a copy of the summons and the October 13, 2010 government, ang imong ipa receive sa summons
court order by-registered mail at the last ang SolGen. Kay ang Sol Gen mao ang Abogado
known address of the defendant; As a rule an unlicensed foreign doing business in sa Gobyerno.
the Philippines cannot sue. He cannot seek
c) By facsimile or any recognized remedy in our courts. The reason is that the Illustration:
electronic means that could generate corporationhas a legal status only where he is
proof of service; or organized.A corporation has a legal status only
within the state or territory in which it was Plaintiff filed a case against the Bureau of
d) By such other means as the court may organized. For this reason, a corporation telecommunication. The summons was received
in its discretion direct." organized in another country has no personality by one of the employees of the Bureau of
to file suits in the Philippines. In order to subject telecommunication. Was there proper service of
This rule shall take effect fifteen (15) days a foreign corporation doing business in the summons? NO. because when the defendant is a
after publication in a newspaper of general country to the jurisdiction of our courts, it must government agency the person who is authorized
circulation in the Philippines. acquire a license from the Securities and to receive the summons is only the Solicitor
Exchange Commission and appoint an agent for General. Service to other officers is invalid.
Kana man gud mga foreign corporation. Inig mag service of process. Without such license, it
negosyo na sila dinhi sa ato, they are required by cannot institute a suit in the Philippines. What about if it is an LGU? Then the executive
law to designate an agent, unya mu register pa head or officer of that place. Ex City mayor,
pud na sila dinhi sa atong gobyerno. Example The exception to this rule is the doctrine of Governor, or the City attorney or provincial
Banks. Must reigstere in the BSP, if Insurnce with estoppel. Global is estopped from challenging attorney.
the Insurance Commission, Other corporation sa Surecomp’s capacity to sue.
SEC. nya isa sa requirement is to designate an Sec. 14. Service upon defendant whose
agent. While on the conduct of their business identity or whereabouts are unknown.
maka sugot sila ug kaso, e-kiha ba kana sila. Ang A foreign corporation doing business in the
summons adto pwede ipadala sa ilang agent. Philippines without license may sue in Philippine
Mao na ang purpose mao nang kinanhangaln sila courts a Filipino citizen or a Philippine entity that In any action where the defendant is
nay Agents. Pero kung wala silay agents pwede had contracted with and benefited from it.A party designated as an unknown owner, or the
is estopped from challenging the personality of a like, or whenever his whereabouts are
Page | 66
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

unknown and cannot be ascertained by resident. The defendant must be residing in unya nka Hit and Run, Naka buntis. And so the
diligent inquiry, service may, by leave of the Philippines! child now is filing a case for cumplosory
court, be effected upon him by publication recognition. Kay para maka inherit siya as an
in a newspaper of general circulation and in When summons is served by publication it must illegitimate child. Unya dato raba to ang iyang
such places and for such time as the court be coupled with service of summons by biological father didto sa Korea, tag-iya ug
may order. registered mail. This is called COMPLIMENTARY Samsun. Su kinahanglan siya ma recognize, so
SERVICE OF SUMMONS. The purpose of mi file siya ug compulsory recognition and
This talk of 2 instances: serving summons by registered mail is for Support. The problem is how are you gonna serve
compliance of due process. summons. This is where sec 15 comes in. Extra
territorial Service of Summons.
1. He is known but his whereabouts are
unknown Sec. 15. Extraterritorial service.
2. His identity is unknown. How many ways of serving summons? There
are three ways of serving summons.
When the defendant does not reside and is
How are you going to serve summons when the not found in the Philippines, and the action 1. by serving summons outside of the
defendant not residing in the Philippines, cannot affects the personal status of the plaintiff Philippines by personal service.
be found kay nag TNT. Unsaon man nimo pag or relates to, or the subject of which is,  Imo ipa serve ug summons didto. Kinsa
serve sa summons? Summons by publication property within the Philippines, in which man ang papalihugon sa korte? Pina agi
with prior leave of court. the defendant has or claims a lien or sa Philippine embassy. Pwede ra ang
interest, actual or contingent, or in which korte mu request sa Philippine embassy
Illustration: Dunay iro, naka paak, nag suroy the relief demanded consists, wholly or in na ipa serve ni ang summons didto sa
suroy, na pa-akan ka, wala ka kahibalo kinsay tag part, in excluding the defendant from any defendant.
iya. Filelan nimo. Pwede ba? Pwede. Unknown interest therein, or the property of the
owner. Unsaon man nimopag serve ug summons defendant has been attached within the
nga unknown man? It could be served through Philippines, service may, by leave of court,
2. by publication of the summons, pareha
publication. “WHOEVER IS THE OWNER OF THIS be effected out of the Philippines by
pud sa Section 14.
DOG etc sa newpaper” personal service as under section 6; or by
 Ang problima, asa man nimo e publish
publication in a newspaper of general
ang summons ari ba sa newspaper sa
circulation in such places and for such time
In Sumons by publication sa newpaper, e print Pilipinas or newspaper didto sa Korea?
as the court may order, in which case a
ang entire complaint. Nya gibutang “you are Nahitabo mana diri gikiha. Taga Los
copy of the summons and order of the court
hereby required to answer the complaint within Angeles. Pilipino siya pero American
shall be sent by registered mail to the last
60 days from oublication etc..” in a newpaper of citizen na. Diri man gi publish. Ingon siya
known address of the defendant, or in any
general circulation and in such places as the unsaon man nako pag basa ana na tua
other manner the court may deem
court may order. man ko sa America, unsaon mana pag
sufficient. Any order granting such leave
abot didto? Wala paman internet sauna.
shall specify a reasonable time, which shall
Karon pwede na kay naa naman internet.
It is not necessary that it must be a national not be less than sixty (60) days after
circulation as long as it is a newspapaer of notice, within which the defendant must
general circulation. answer.  So asa man nimo e publish? Take note
that Section 14 does not specify that the
newspaper should be in that foreign
You cannot choose kay e raffle man na. Either The defendant here is not within our territory, the country. In other words, it could be
Sunstar, CDN etc. defendant here is residing on another country. He published in the newspaper here in our
is not within our jurisdiction. Totally foreigner jud country.
In what kind of cases should this be available? IN ni siya, mi ari ni siya sa Pilipinas as tourist.
ANY CASE. Action in rem, quasi in rem or in  Mu ingon gani ta publication, unsa gani
personam but take note the defendant must Illustration: Korean student, nag eskwela lang to ang kaluha?
be residing in the Philippines. He could be a English diri. Unya nka kita siya ug uyab diri na
foreigner residing in the Phils or a Filipino dala sa iyang sinayawan nga Gangnam Style
Page | 67
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

“by publication in a newspaper of general o In the case of Cariaga Junior vs. Malaya Section 15 will not apply to purely actions
circulation in such places and for such 143 SCRA 441, YES it was proper. Under in personam.
time as the court may order, in which the rules of court, (timan-e na dili ni siya
case a copy of the summons and applicable sa tanan defendant) only when
the defendant is not a resident of the What is an action in personam? wherein
order of the court shall be sent by
Philippines and is not found in the the decision is binding only upon the parties
registered mail to the last known Philippines, in any manner the court may involve. Example of action in personam:
address of the defendant.” deem sufficient. This is also not applicable Collection of sum of money.
to all actions, unlike Section 14. This is only
applicable when the action affects the Remember that the jurisdiction of the
o So duna na siyay kaluha. Unsay legal term personal status of the plaintiff… For court over the defendant is required only when
ana? Complimentary service of example: the action is action in personam. In actions in
summons by registered mail. The purpose  1. Recognition rem and quasi in rem, jurisdiction over the
is not to acquire jurisdiction over the  2. Annulment of marriage person of the defendant is not required for the
person of the defendant, but to comply due court to acquire jurisdiction over the case
process. …or relates to or the subject of which is because jurisdiction over the res would be
property within the Philippines which the sufficient. If jurisdiction over the person is not
defendant has or claims a lien or interest, important in actions in rem and quasi in rem,
3. Any other means [manner] the court may actual or contingent. ngano man e publish paman niya ang summons?
deem sufficient. Unsa ang purpose sa pag publish sa summons?
 Therefore, pwede personal service didto This is a Quasi in rem. An action which is Unya padad an pa nimo ug registered mail. The
sa foreign country, pwede sad service by filed or directed against a particular person purpose is not to acquire jurisdiction over the
publication, or in any other means. but the case seeks the sale or disposition of person of the defendant, but to comply due
the defendant’s property or to the subject process. Meaning, if there is no publication of the
 Unsa maning “in any other means the the same to a lien or encumbrance. Unsa summons, ang kaso ana ma dismiss not because
court may deem sufficient”? there was mana clase sa kaso kanang nag invoke sa the court does not have jurisdiction, pero ma
that case involving recognition. Ang status of the plaintiff or defendant? That is dismiss ang kaso or void ang decision not
iyang papa tua sa abroad. Unya kay an action In rem. because the court does not have jurisdiction over
pobre man kaayo siya mao na magpa the person of the defendant, but because there
recognize siya kay basin nalang maka Unsay examples aning actions Quasi in rem? was denial of due process for failure to comply
pugos siya na mangayo ug support. Or the requirement of the rules.
inig kamatay sa iyang papa basin maka 1. Partition
inherit siya. Wa lage siyay kwarta, gi 2. Quieting of title Problem: Foreigner (not resident of the
unsa man niya pag kiha? He filed a case 3. Judicial foreclosure Philippines) who is just a tourist or student ra diri.
for recognition as an indigent litigant. Nang huwam ug kwarta sa iyang amigo. Na
Ang problima kay iyang papa tua sa …or in which the relief demanded consists apeke siya ug kwarta. Ingon siya, pwede ko maka
gawas. Unsaon man pag serve sa wholly or in part in excluding the defendant huwam nimo ug P100,000 kay wala paman ko
summons? Dili siya maka personal from any interest therein, or the property of padad e sa ako papa. Imo gipa huwam. Ni puno
service kay wala siyay kwarta. Dili pud the defendant has been attached within the pa gyud. Another P200,000. The problem is when
siya pwede mag publish kay wala siyay Philippines. So those are the cases when it became due, naka saad siya ug 2 months,
kwarta. Kahibaw mo unsay gi buhat sa Section 15 will apply. nowhere to be found naman siya. So ni file ka ug
trial court? Gi sugo sa trial court na kaso. Tua na siya sa korea. Will the case
padad an lang ug summons by registered To summarize, Section 15 will only apply when: prosper?
mail. The defendant questioned it and te
case reached Supreme Court. Was the 1. The defendant is not residing in the Philippines NO. Because the case does not involve
service of summons proper? and is not found in the Philippines. the personal status of the plaintiff, the case does
2. Actions in rem and quasi in rem. not affect or relate or the subject of which is not
a property within the Philippines where the
Page | 68
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

defendant has a claim or lien. It does not also


seek the relief which seeks to exclude the In the book of Regalado read the case Naay kaso diha sa kang Regalado basin
defendant from any interest in the property. The Dial Corp vs. Soriano, Sahagun vs. CA, ma mislead mo. Pantaleon vs. Asuncion, that
There is also no property attached. In other Asiavest Limited vs. CA. is already obsolete. Because at present, under
words, the action is purely action in personam. Section 14 Rule 14, when the defendant cannot
So the case will not prosper, and it shall be Sec. 16. Residents temporarily out of the be found in the Philippines but he is a resident of
dismissed because there is no way that the court Philippines. – When any action is the Philippines, service of summons could be
can acquire jurisdiction over the defendant. commenced against a defendant who done by publication.
ordinarily resides within the Philippines,
What is your remedy? Usa ra gyud imong but who is temporarily out of it, service Sec. 18. Proof of service. – The proof of
remedy ana. Kung nag bilin siya ug either may, by leave of court, be also effected out service of a summons shall be made in
personal or real property here in the Philippines. of the Philippines, as under the preceding writing by the server and shall set forth the
Kung duna siyay mountain bike nahabilin didto sa section. manner, place and date of service; shall
iya court, you ask the court to attach the specify any papers which have been served
mountain bike. The case now will be transferred Section 16, this is about serving of with the process and the name of the
from purely action in personam to action quasi in summons when the resident is temporarily out of person who received the same; and shall be
rem, because there is now a property attached. the Philippines. He is residing in the Philippines sworn to when made by a person other than
So that is what you are going to do in order for but in the meantime he cannot be found in the a sheriff or his deputy.
the court to acquire jurisdiction over the case or Philippines because he is out of country.
over the person of the defendant. Example, tua pa sa Rome kay ni attend sa We have discussed this already. The
canonization ni San Pedro. Pero wala pa gyud ni officer serving the summons is required by the
After attachment, then you will now pray balik. Wala pud nahibaw an kung kanus a ma rules to make a RETURN, the term is return. But
for the publication of the summons, or any of the balik kay nag suroy2x paman naabot ug Europe. to make you understand better we call it report.
means mentioned in Section 15. Ang pinaka So unsaon mana pag send sa summons? Read In his return or report, he should state who or to
gamit sa Section 15 kay kanang publication. Section 16. whom the summons was served, meaning who
received it, the date, and the manner by which it
Look at these cases: Meaning to say, you can avail of those was served, especially when it is substituted.
modes of serving summons under Section 15. Because when it is substituted, there must be
1. Sahagun vs. CA 198 SCRA – This is about justifiable reasons to be stated in the return or
service of summons. This is about extraterritorial In the case of Montefalcon vs. report why substituted service of summons was
service. Vasquez, June 17, 2008, substituted service is resorted. If there is no such explanation, and the
2. Valmonte vs. CA 252 SCRA 92 – Checkpoint. the primary mode of service of summons to efforts exerted, the service of summons is
Iya ning asawa. residents temporarily out of the country. So considered invalid.
3. Cariaga vs. Malaya – citation above. pwede ra substituted service of summons.
4. Citizens Insurance Surety vs. Melencio Herrera What about in service of summons by
38 SCRA 369 Sec. 17. Leave of court. – Any application to publication? Then the publisher of the newspaper
5. Santos Jr. vs. PNOC Exploration Corporation, the court under this Rule for leave to effect who published the summons is required to
Sept. 23, 2008 service in any manner for which leave of execute an affidavit.
court is necessary shall be made by motion
Please read all those cases. Those are all about in writing, supported by affidavit of the What about the complimentary service of
service of summons under Section 14 and 15. plaintiff or some person on his behalf, summons? That is service by registered mail
setting forth the grounds for the whenever service of summons by publication is
*** application. allowed. Katong service of summons by
I would like to repeat. Section 14 is publication, ang mu execute sa affidavit ang
applicable to any case. But take note that the So if you want to avail service of katong publisher, ang editor, kinsa mansad ang
defendant is a resident in the Philippines, but his summons by publication, you have to file a mu execute ug affidavit bahin sa complimentary
identity is unknown or his whereabouts is motion. You want to serve summons outside the service of summons? Aw, katong ni mail.
unknown. country, you have to file a motion.
Page | 69
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Sec. 19. Proof of service by publication. – If considered as voluntary appearance? NO. That file kay motion for extension of time to file
the service has been made by publication, is the only exception. So if the defendant was answer. Human ana, motion to dismiss.
service may be proved by the affidavit of not served with summons, or if he was served
the printer, his foreman or principal clerk, with summons but improper, he can file a motion Example, if mu file siya ug answer,
or of the editor, business or advertising on that ground and the filing of that motion will unsaon man pag serve sa iyang answer? Pareha
manager, to which affidavit a copy of the not be considered as voluntary appearance, bas a pag serve sa summons? Rule 13 tells us
publication shall be attached, and by an provided that the ground is lack of jurisdiction how to serve pleadings OTHER THAN complaint,
affidavit showing the deposit of a copy of over his person. And if ever he includes other summons, pleadings and other papers, OTHER
the summons and order for publication in grounds aside from improper service of THAN summons. Katong summons ang lisod2x.
the post office, postage prepaid, directed to summons, the same would still be allowed. Strict kaayo ang rules. Pero kani dili kaayo. Strict
the defendant by registered mail to his last Pwede ra gihapon. The motion will not be pud but if you compare it with summons delikado
known address. considered by voluntary appearance. gyud ang summons kay mu apektar manto sa
jurisdiction sa court.
Sec. 20. Voluntary appearance. - The Lahi sa criminal case kay sa criminal
defendant's voluntary appearance in the case, mu file gani ka ug motion to quash on the Sa ato pa, kani atong hisgutan karon kay
action shall be equivalent to service of ground of lack of jurisdiction over your person kato ning mga pleadings OTHER THAN the
summons. The inclusion in a motion to because of improper issuance of warrant of arrest complaint. Kay katong sa complaint mao naman
dismiss of other grounds aside from lack of or illegal arrest, you should file a motion to quash to ang sa summons. Ang atong hisgutan diri
jurisdiction over the person of the on that ground alone. Because if you include unsaon pag serve sa motions, unsaon pag serve
defendant shall not be deemed a voluntary other grounds, example you include prescription, sa judgment or order sa court. Naa ni siya sa Rule
appearance. then that ground to question the jurisdiction of 13. Kanus a ni siya mahitabo? After serving
the court over your person is waived. Lahi diri sa summons. Diba angay gyud unahon ang Rule 14?
Voluntary appearance, we have civil procedure. Lahi diri sa criminal cases. Kay
discussed this already. Service of summons diri sa civil cases, bisan ug sagolan pa nimo ug Sec 1. Coverage. - This Rule shall govern
especially in an action in personam, this is a way lain grounds, your motion to dismiss on the the filing of all pleadings and other papers,
of acquiring jurisdiction over the person of the ground of lack of jurisdiction over the person as well as the service thereof, except those
defendant. cannot be considered as voluntary appearance, for which a different mode of service is
Service of summons or summons has two or a waiver of your right to question the prescribed.
functions: jurisdiction of the court over your person.
The word “pleadings” here refer to
1. for the court to acquire jurisdiction Those are all about service of summons. Answer, Reply, etcetera.
over the person of the defendant. Rule 14 is very very important. This is one of the
2. to notify the defendant that he has a rules that you should master.
pending case. Sec. 2. Filing and service, defined. - Filing is
RULE 13 the act of presenting the pleading or other
Under Section 20, the voluntary paper to the clerk of court.
appearance of the defendant is equivalent to FILING AND SERVICE OF PLEADINGS,
service of summons. Voluntary appearance is not JUDGMENTS AND OTHER PAPERS Service is the act of providing a
limited only to personal appearance in court. It party with a copy of the pleading or paper
also includes filing motions, such as motions for Adto ta balik sa Rule 13. U-Turn ta concerned. If any party has appeared by
extension of time to file answer, motion for bill of kadiyot. Ato mani gi sal-angan. Katong Rule 14 counsel, service upon him shall be made
particulars, or filing answer. So those are ato tong gi una kay Rule 14 is about service of upon his counsel or one of them, unless
considered as voluntary appearance. summons. Kana man gud inig file nimo sa kaso, service upon the party himself is ordered
ang sunod action ana summons dayon. Now, by the court. Where one counsel appears
What about if he filed a motion? But the after service of summons mao nana siya. Mag for several parties, he shall only be entitled
motion is a motion to dismiss on the ground of pusot2x nana ang mga motions. Sagad mu file sa to one copy of any paper served upon him
lack of jurisdiction over his person because there motions kay ang defendant man. Ang pirmyero e by the opposite side.
was improper service of summons? Could it be
Page | 70
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

What do you mean by “filing”? How does Tungod ka yang client wala kahibaw kung unsa Mindanao, aw that is the date of filing. Bisan ug
it differ from “service”? When you say filing, you na. look at that case of Inocando vs. Inocando wala pa na cya nadawat. Bisan ug sunod bulan
are not talking about the court. How are you in your book. Daghan kaayo na siya. Notes pana maabot diri sa siyudad dili na siya late. And
going to give your pleading or motion to the number 2. if it is by registered mail, it is required that the
court. So filing is the act of presenting the Sec.3. Manner of filing.- The filing of envelope should be attached to the record.
pleading or other paper to the clerk of court. pleadings, appearances, motions, notices, Ngano man? Obvious! Because the date of
Then what about service? Mu ingon gani ka ug orders, judgments and all other papers mailing is the date of filing. Kung duna unyay lalis
service ang kato ning sa parties. Service is the shall be made by presenting the original kung na file ba na on time or wala, then
act of providing the party with the copy of the copies thereof, plainly indicated as such, importante to ang envelope.
pleading or paper concerned. personally to the clerk of court or by
sending them by registered mail. In the Sec. 4. Papers required to be filed and
When you say service, you refer it to the first case, the clerk of court shall endorse served.- Every judgment, resolution, order,
other party. on the pleading the date and hour of filing. pleading subsequent to the complaint,
In the second case, the date of the mailing written motion, notice, appearance,
Example, mu file ka ug motion sa korte, of motions, pleadings, or any other papers demand, offer of judgment or similar
motion for extension or motion to dismiss. Kana or payments or deposits, as shown by the papers shall be filed with the court, and
imong motion gi file sa korte dili na dawaton post office stamp on the envelope or the served upon the parties affected.
kung wala kay proof in your motion na gitagaan registry receipt, shall be considered as the
nimo ug copy ang pikas. Kanang pag hatag nimo date of their filing, payment, or deposit in When we say judgment, this now comes
ug copy sa imong motion didto sa pikas mao na court. The envelope shall be attached to from the court.
ang gitawag na service. Kanang pag file nimo sa the record of the case.
imong motion didto sa court, mao na ang Kana ba diay judgment e file pa diay na
gitawag na filing. Dili ka mu ingon ug service. Unsa gani nang filing? Litigant to court. sa court? YES! Example, ako nag buhat ko ug
decision, kana akong decision ako na patatakan
When we say pleading you EXCLUDE Filing could be made personal, or by sa clerk of court. Kanang pag received sa clerk of
complaint. Because when you file a complaint registered mail, or by ordinary mail. So filing by court that is very important because it is
you do not serve the other party. It is the job of personal, meaning you bring your motion or considered as the promulgation of judgment. And
the court, upon the issuance of summons. The pleading to the clerk of court. By presenting your that is very important, the date of promulgation.
pleading that we are talking about is a pleading pleading to the clerk of court personally. Unsa After that, padad an ang mga parties.
OTHER THAN the complaint. man imong ihatag sa court? Ang original. Dili
nimo hatagan ug duplicate original. Kato gyung So judgment, resolution, order, so with
When you serve a pleading to the other original. the pleading subsequent to the complaint,
party, you serve a copy of the pleading to that written motion, etcetera. Sa dili paka mu file
party through his lawyer. Example, you are the What about if you cannot file it didto sa korte imo usa e furnish ang mga parties.
defendant unya nu file ka ug Answer, kanang personally? Example, the defendant is from the So reverse. Kung gikan sa korte, unahon usa ang
copya sa imong Answer kinahanglan hatagan Mindanao. Gi serve siya ug summons didto sa clerk of court usa ang parties. Kung mu file ka sa
nimo ang pikas, ang plaintiff. It should be through Mindanao. Gasto kaayo if mu anhi pa siya diri. court, unahon ang adverse party usa ka mu file
his counsel. Dili nimo e deritso niya ug padala. Unsa man ang other mode of filing? By registered sa court. Because the court will not accept your
mail. Pwede na iya ra e mail didto. Ngano man motion without proof that you have furnished a
For example, C vs. D. Si D ni file ug diay kung ordinary mail ra? Or e private courier copy to the adverse party.
Answer. Kinahanglan ang copy sa iyang answer sa LBC. Take note that when it is a registered
adto niya ipadala sa lawyer ni C. Kung e deritso mail, the date of mailing is considered the date of Unsa may proof? Either the signature of
niya ni C, that service of pleading is invalid. And filing. When it is other mode of mailing (ordinary the counsel of the adverse party or the registry
because that service is invalid he could be mail or private courier) the date of actual receipt receipt.
declared in default. Because under Section 2, if a of court will be considered as the actual filing.
party is represented by a counsel, the copy of the Sec. 5. Modes of service.- Service of
motion or of the pleading should be served on Sa ato pa kung last day karon sa pag file, pleadings, motions, notices, orders,
the counsel, not on the party. Ngano man? unya imo gi mail registered naa ka didto sa
Page | 71
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

judgments and other papers shall be made sa 9th floor. Ang problima ani kay decision to cya. done as far as other pleadings and motions are
either personally or by mail. When the document is a decision that is very concerned.
important. Why? Because the date of receipt of
Sec. 6. Personal service.- Service of the the decision is the reckoning date for the So if dili nimo ma serve didto sa iyang
papers may be made by delivering counting of the 15th day period to appeal. Wala office or sa residence kay walay address, now the
personally a copy to the party or his naka file ug appeal on time ang counsel. service could be made by substituted service.
counsel, or by leaving it in his office with Question: Was there a proper service of the How is it done? By delivering or giving a copy to
his clerk or with a person having charge decision upon the counsel? the clerk of court, with proof of failure of both
thereof. If no person is found in his office, personal service and service by mail. Murag kani
or his office is not known, or he has no NO. Because the copy of the decision siya ni gawas ni siya karon na bar. I have not
office, then by leaving the copy, between should be served at the office of the counsel at come across this kind of service. Sagad gyud
the hours of eight in the morning and six in the 9th floor. There was improper service of the kung dili man personal service, service by mail.
the evening, at the party's or counsel's decision. PLDT vs. NLRC is in your book. I think
residence, if known, with a person of page 227. Sec. 9. Service of judgments, final orders or
sufficient age and discretion then residing resolutions.- Judgments, final orders or
therein. Sec. 7. Service by mail.- Service by resolutions shall be served either
registered mail shall be made by depositing personally or by registered mail. When a
Timan-e ha, lahi ang SERVICE IN PERSON the copy in the post office, in a sealed party summoned by publication has failed
ug PERSONAL SERVICE. When you say service in envelope, plainly addressed to the party or to appear in the action, judgments, final
person, summons. Unya ang service in person, his counsel at his office, if known, orders or resolutions against him shall be
ang defendant gyud mismo maoy padawaton. Dili otherwise at his residence, if known, with served upon him also by publication at the
pwede ang secretary. Pero diri sa Section 6, postage fully pre-paid, and with expense of the prevailing party.
personal service, pwede ra sa secretary. instructions to the postmaster to return the
mail to the sender after ten (l0) days if Service of judgments, final orders, or
So that is why your office address or undelivered. If no registry service is resolutions of the court. This is from the court.
residence is very important. When you file a available in the locality of either the sender Judgments, final orders or resolutions shall be
complaint, the address of the counsel should be or the addressee, service may be done by served either personally or by registered mail.
specifically stated. It should not be a P.O. Box. ordinary mail. Earlier, we talked about summons by
Look at Section 3, Rule 7. publication. What will happen if there is already a
When we say mail, it should be by decision? The decision will be serve by
Personal mode of service is the preferred registered mail. publication.
mode of service. How is personal service done? Double mo ug gasto. Duha moy
Lahi ni siya sa service in person. Service of the Sec. 8. Substituted service.- If service of gastohan…mag serve pa ka sa summons…sa
papers may be made by delivering personally a pleadings, motions, notices, resolutions, complaint, publish, ug duna nay decision ipa
copy to the party or his counsel, or by leaving it orders and other papers cannot be made publish na sad nimo. Unsa may ipiblish nimo?
in his office... So (3) tulo diri. It could be delivered under the two preceding sections, the office Ang dicision.
to the counsel or a party, or a copy of the motion and place of residence of the party or his Ang Rule wala nag sulti nga kung ang
is left in the office of the lawyer with his clerk or counsel being unknown, service may be entire dicision ba or kadto rang dispositive
with a person having charge thereof. And if he made by delivering the copy to the clerk of portion. But according to Regalado, it would be
has no office, or if nobody is found in his office, court, with proof of failure of both personal still be valid if only the dispositive portion or the
the copy will be served at the party’s or counsel’s service and service by mail. The service is falio of the decision be published.
residence. So with the decision, personal service complete at the time of such delivery. Unsa man unsa man nang dispositive
is the preferred mode of service. portion? Kadto bitaw dunay “WHEREFORE
Aside from personal service and service judgment is hereby rendered ordering the
In PLDT vs. NLRC 128 SCRA 402, the by mail there is also the so-called substituted defendant of etc.” Mao nay gitawag ug
office of the lawyer is located at the 9 th floor of service. But the concept of substituted service is dispositive portion. Pero pwede pod kung ang
the building. Didto gi bilin sa process server or different from the concept of substituted service entire dicision.
sheriff sa security guard. Take note ang office tua in summons. Look at how substituted service is
Page | 72
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Sec. 10: COMPLETENESS OF SERVICE address is still valid. Ville Transport Services  Due to distance service to the adverse
vs. CA 193 SCRA 25. party is done through registered mail.
Section 10. Completeness of service. —
Personal service is complete upon actual Sec. 11: PRIORITIES IN MODES OF SERVICE  Due to lack of messenger service is done
delivery. Service by ordinary mail is AND FILING by registered mail.
complete upon the expiration of ten (10)
days after mailing, unless the court Section 11. Priorities in modes of service Ing-ana ra. Simple. Unsa ra ka sentence.
otherwise provides. Service by registered and filing. — Whenever practicable, the Pero kung kanang usa ka sentence dili jud na
mail is complete upon actual receipt by the service and filing of pleadings and other nimo masuwat…imo rang i-mail didto, ang
addressee, or after five (5) days from the papers shall be done personally. Except imohang motion will be considered as not filed.
date he received the first notice of the with respect to papers emanating from the Ing-ana ra ka simple. Then sa kadaghang simple
postmaster, whichever date is earlier. court, a resort to other modes must be nga imohang tan-awonon.
Q: When is personal service accompanied by a written explanation why Unya kinsa toy furnish-an didto sa pikas?
complete? the service or filing was not done Ang Counsel gyud. Kana kung duna siyay
A: Personal service is complete personally. A violation of this Rule may be counsel. Pero sagad jud nay counsel. Tagsa ra
upon actual delivery. cause to consider the paper as not filed. nang maghinabog nga dili mo kuha ug abogado.
Q: When is service by ordinary mail
is complete? We discussed it already that the priority Sec. 12: PROOF OF FILING
A: Service by ordinary mail is mode of service is personal service. So whenever
complete upon expiration or 10 days. practicable, service and filing of pleadings and Section 12. Proof of filing. — The filing of
Q: When service by registered mail other papers shall be done personally except a pleading or paper shall be proved by its
is complete? papers emanating from the court. existence in the record of the case. If it is
A: Service by registered mail is Timan-e ni. Sec. 11 is important. If ever not in the record, but is claimed to have
complete upon receipt of the addressee or after 5 personal service is not made or not done for been filed personally, the filing shall be
days from the date he receive the first notice of whatever reason for any justifiable cause, there proved by the written or stamped
the post master whichever date is earlier. must be an explanation in the motion. At the acknowledgment of its filing by the clerk of
Kanang registered mail kasagaran ana bottom…last or in the pleading that is being court on a copy of the same; if filed by
ang post master mo padala lang ug notice didto serve why is it personal service is not resorted to. registered mail, by the registry receipt and
sa addressee. Unya ang addressee mao jud mo There MUST be an explanation. by the affidavit of the person who did the
adto ditto sa post office. Dili na daladala-on sa Q: What will happen if you furnish mailing, containing a full statement of the
postman unlike sa ordinary mail. Unya the other party by registered mail but you did not date and place of depositing the mail in the
pananglitan ug dili na nimo e-claim kay naghuna add an explanation? You did not write an post office in a sealed envelope addressed
huna na ka nga mao lagi toy decision, well it expalination whay it is donby registered mail. to the court, with postage fully prepaid,
would be useless because service is considered A: your motion or your pleading and with instructions to the postmaster to
complete after 5 days from first notice. Kuhaon ni shall be considered as not filed. return the mail to the sender after ten (10)
ug sa dili, complete na na…deemed served. Look at the last sentence. A violation of days if not delivered.
Now, in circumstances wherein the this Rule may be cause to consider the paper as
counsel will change his address or will transfer to not filed. Simple ra kaayo. Saato pa kung naa kay Unsaon man nimo pag prove nga naka
a new office, it is his duty to inform the Court. answer unya imong gi send by mail ang copy sa file na ka ana? So for example, the plaintiff now
Because if it happens that the processes or pikas pero walay explanation nganong imong gi has file a motion for execution or the plaintiff now
orders or judgment of the court are sent to his send by mail you are considered as not have filed filed a motion to declared you in default because
old address and therefore the lawyer wasn’t able any answer. And therefore what will happen you did not file an answer. Then you will argue:
to accept it, then that will considered as served. because you have not filed any answer although “oh we filed an answer”. Where is your proof that
And negligence of the lawyer will be considered you have filed? You can be considered in default. you have filed an answer? Then ipakita tong
as the negligence of the client. Or na return to So, ing-ana ka importante. proweba nimo nga gitatakan sa court. “received”
sender na siya. What could be the justifiable reasons for naa man na usahay sa korte.
So, counsel must inform the court of his resorting to registered mail (examples)?
new address otherwise the service to his old Kasagaran sa mga abogado mo ingon nga:
Page | 73
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Tungod sa kadaghan sa mga kaso, inig or in lieu thereof the unclaimed letter in that province affected thereby. Only from
file nimo ang imong motion mawani. Nana labi na together with the certified or sworn copy of the time of filing such notice for record
kung daghan kaayo ang kaso. Linibo ang kaso. the notice given by the postmaster to the shall a purchaser, or encumbrancer of the
Inig file sa motion kay daghan mang nang file addressee. property affected thereby, be deemed to
ngadto labi na nang Friday sa hapon kay usa sad have constructive notice of the pendency of
ning mga pulis pod inig hapon usa pa pod nila i- When we say service, adto na ni sa pikas the action, and only of its pendency against
file ang mga kaso. So mag pusot2x didto ang party. Sa proof of filing – court; service – adverse the parties designated by their real names.
mga kaso. Usahay mawani. party.
Unsa may proweba nimo nga naka file So what is your proof that you have Importate ni siya kung ikaw ang kihante
ka? Then you show your copy. Tatak furnished a copy of your motion, a copy of your unya ang imong kiha nag involve ug yuta.
oh…”received”. answer to the adverse party? You must annotate at the back of the title
What about if it is done by registered or at the back of the tax declaration that that
mail? Then your registry receipt and affidavit of  If by personal service – the parcel of land is subject to litigation or subject to
the person who mailed. signature of the person who a case. Mao nay gitawag ug Notice of lis
received. Either the counsel pendens.
Kita diri sa lower court (RTC and MTC) dili himself or his secretary. That Notice of lis pendens - it is simple a
kaayo strikto anang affidavit. Basta magpakita would still be considered as request addressed to the Registry of Deeds to
lang ka anang registry receipt ok na. pero didto personal service as far as other annotate at the back of the title that that
sa CA us sa SC, strikto kaayo na sila ang affidavit. pleadings are concerned. particular lot is subject to a case.
Imong gi-attach sa imong request ang
Kinsay kita ug registry receipt? Gamay ra  If by registered mail – the registry imohang kaso of course also the case number.
kaayo na nga resibo gud. Resibo ra gud na nga receipt and the affidavit of the For example, recovery of ownership…aw imo
naka mail ka, nga kinsay addressee unya pitsa. person who mailed. Mao nay nang ipa-attach didto.
Unya mao na siyay imong ipatapot didto sa gitawag ug Affidavit of Mailing. Kanang Notice of lis pendens lahi na siya
imong motion. Mao nay proof nimo nga fifurnish- sa Notice of adverse claims.
an nimo ug copy ang pikas. Without this very Usbon nako, diri sa lower court dili kaayo Notice of Adverse Claim that is before
small slip, your motion will not be accepted. Unya strikto. Pero didto sa CA, mo file ka yg cerciorari the filing of the case. Pananglitan you are still in
unsa may naa diri? Ang addresse u gang pitsa sa didto or petition for review they are very strict. the process of securing the necessary documents
pag mail. Kay ang pitsa sa pag mail mao nay Kanang imong petition for review without ht e to support your case. Gusto ka mo file ug kaso
proof of filing. affidavit of mailing…ang imo rang gipatapot didto pero nanguha pa ka ug mga document unya
kadto rang registry receipt, that would be nahadlok man ka nga ibaligya unya ug dali2x. so
Sec. 13: PROOF OF SERVICE dismissed. Mao man nay ilang trabaho didto. unsa may imong buhaton? Mo file ka ug notice of
Mangita man na sila ug unsay ilang ma-dismiss. Adverse Claim. But notice of adverse claim is
Section 13. Proof of Service. — Proof of So ayaw jud tagai ug hinungdan nga ma dismiss. only good for 30 days. It will automatically lapse
personal service shall consist of a written without the court order after the lapse of 30
admission of the party served, or the Sec. 14: NOTICE OF LIS PENDENS days.
official return of the server, or the affidavit What does it mean? Meaning, within the
of the party serving, containing a full Section 14. Notice of lis pendens. — In an period of 30 days, you should file a case. Unya
statement of the date, place and manner of action affecting the title or the right of inig human nimo ug file sa kaso, imo na siyang
service. If the service is by ordinary mail, possession of real property, the plaintiff sundan ug Notice of lis pendens. Kadtong Notice
proof thereof shall consist of an affidavit of and the defendant, when affirmative relief of lis pendens mao na toy ___2:16:20__ hangtod
the person mailing of facts showing is claimed in his answer, may record in the mahuman ang kaso. Kadtong notice of lis
compliance with section 7 of this Rule. If office of the registry of deeds of the pendens cannot be erased unless there is order
service is made by registered mail, proof province in which the property is situated from the court.
shall be made by such affidavit and the notice of the pendency of the action. Said When does the court will grant the order
registry receipt issued by the mailing office. notice shall contain the names of the to erase the annotation? After the termination of
The registry return card shall be filed parties and the object of the action or the case.
immediately upon its receipt by the sender, defense, and a description of the property
Page | 74
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

You might ask, why is the notice of lis those made in open court or in the course to dismiss on the ground or res judicata then you
pendens is important? Because it will give notice of a hearing or trial. allege that there has been a decision decided in
to the whole world that that percel of lot or that another court involving the same issue and the
property is subjected to litigation. Kung dili na Generally, a motion must be in writing. same parties. Then you attach (kay wala man
nimo siya ipa annotate, your case will not affect Aron ba mo mahal ang imong bayad. kabalo kanang korteha) a copy of the decision
other persons because notice of lis pendens is Pero kung inato gud nga pagka istorya, request and entry of judgement to show that there has
notice to the whole world that this property is ra gud na. mao nang motion. Actually request ra been a case and it has been decided and the
subject to a case. man na pero ayaw…ug mo adto ka sa korte unya decision has already became final.
Sa ato pa, king mo palit ka ug yuta, mo file ka ug request for extension of time ah
siguroa gyud ug tan-aw didto kadtong title nga kataw-an ka ana oi. Motion man na…motion for Sec.4: HEARING OF MOTION
tua didto sa Register of Deeds. Tan-awon nimo extension of time.
kung aduna bay annotation or encumbrance. Kay But there are also motions that can be Section 4. Hearing of motion. — Except
kung naa nay anootation nga aduna nay pending made in open court and we call it Oral Motion. for motions which the court may act upon
case, then inig palit nimo anang yuta nay Daghan kaayo ning kalse sa motion. without prejudicing the rights of the
pakapin…apil ang kaso. Pwede man nimo paliton Basta tanang request nimo. Unsay mga adverse party, every written motion shall
kung adunay kaso but to a lower price because kinahanglan nimo you write it in the form of be set for hearing by the applicant.
you are taking a risk…coz you’ll be stepping on motion. Usahay wala na gani ka kahibalo unsay i- Every written motion required to be heard
the shoes of the seller. title ani…motion for extension of time, motion to and the notice of the hearing thereof shall
Kung magpa annotate ka, no need of admit amended complaint. Usahay wala na ka be served in such a manner as to ensure its
court order. Just a letter request addressed to the kabalo…”unsay e-title ani? Ahhh motion nalang. receipt by the other party at least three (3)
Registry of Deeds. Pareho anang affidavit, wala na man ka kabalo days before the date of hearing, unless the
Pero ug magpa cancel ka, duna nay court unsay title ani? Ahh affidavit. court for good cause sets the hearing on
order. You have filed a motion. shorter notice.
Sec.3: CONTENTS
Kani importante jud ni kaayo. Section 4
RULE 15 Section 3. Contents. — A motion shall and section 5 very important!!!
state the relief sought to be obtained and A copy of your motion should be
Sec. 1 MOTION DEFINED the grounds upon which it is based, and if furnished to the other party and aside from that,
required by these Rules or necessary to it must contain a Notice of Hearing. Ako na ning
Section 1. Motion defined. — A motion is prove facts alleged therein, shall be gisulti ninyo sa imaging meeting. Your motion
an application for relief other than by a accompanied by supporting affidavits and must contain an Notice of Hearing and aside
pleading. other papers. from that, a copy of such motion should be serve
to the other party.
What is a Motion? Q: Can you make motions in open So, except for motions which the court
Motion - is an application for relief other court? may act upon without prejudicing the rights of
than by a pleading. A: YES. Especially those motions the adverse party, every written motion shall be
Sa ato pa kanang motion ug kanang that are not litigious. Kana bang dili kinahanglan set for hearing by the applicant.
pleading lahi na siya. Although pareho na sila ug halawom nga study. Example, you want the Ikaw ra gud. Ikaw ray magbuot kung
kung mangayo ug relief or remedy, pero kanang schedule of hearing to be cancelled. kanus-a nimo ipa heard gud…butang butangan ra
motion lahi kaysa sa pleading. Kanang pleading Then a motion shall state the relief gud na nimo. Pero pananglitan karon ka mo file,
usually adunay claim. sought to be obtained and the grounds upon ang pitsa nimo ayaw ugma. Distasyahan jud na
Pleading – is a written statement of a which it is based, and if required by these Rules nimo.
party’s claim or defences. or necessary to prove facts alleged therein, shall In motion you should observe the so
be accompanied by supporting affidavits and called 3 Day Notice Rule. You set the hearing at
Sec.2: MOTION MUST BE IN WRITINGS other papers. least 3 days after a copy of your motion is
So, aduna kay request…aduna kay received by adverse party. Sa imong huna2x, ang
Section 2. Motions must be in writings. motion then you accompanied your motion with pikas maka receive sa imong motion next week…
— All motions shall be in writing except evidence. For example, you want to file a motion mga one week gikan karon so 25. So, 25 niya ma
Page | 75
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

receive sa imo ra nang huna2x/estimate ba. Then Sec.5: NOTICE OF HEARING because your motion for reconsideration is
the hearing should be at least 3 days after the nothing. It is considered as a mere scrap of
receipt. And usually, it should be a Friday ang Section 5. Notice of hearing. — The paper. What makes it a mere scrap of paper?
date sa imohang hearing. notice of hearing shall be addressed to all Because it did not contain a notice of hearing.
Ang ubang abogado, general kaayo. parties concerned, and shall specify the Q: Suppose your motion for
Simple ra kaayo. Ibutang ra didto: atty. so and so. time and date of the hearing which must reconsideration contains a notice of hearing and
Plz take notice that the foregoing motion shall be not be later than ten (10) days after the the copy of motion is served upon the adverse
submitted before the court on (unsa nga pitsa) filing of the motion. counsel through registered mail but there was no
with or without the appearance of the under explaination why it is that it was served through
signed. Simple a gyud. Usa ra ka sentence. Pero The notice of hearing shall be addressed registered mail. What will happen to the
if wala nang usa ka sentence, your motion shall to all parties concerned, and shall specify the decision?
be considered as just a mere scrap of paper. time and date of the hearing which must not be A: That decision will become final
Unsay tawag ana? Notice of hearing. later than ten (10) days after the filing of the and executor. Why? Because there was no
Every written motion required to be motion. explanation why registered mail was resorted to.
heard and the notice of the hearing thereof shall Kadtong 3 day, pagdawat to sa pikas. If there was no explanation, your motion is
be served in such a manner as to ensure its Ang kaning 10 days, kadto ning pag file. Gikan sa considered as not filed. Mga simple kaayo ning
receipt by the other party at least three (3) days imong pag file, it must not be later than 10 days mga butanga pero mga importante kaayo.
before the date of hearing. Mao nay gitawag nga after the filing. Q: Suppose you file a motion
3 day Notice Rule. without a notice of hearing. Ngbasabasa na ka sa
Meaning, 3 days it should be set for Sec. 6: PROOF OF SERVICE motion pag human na ug file. Imong gi review.
hearing at least 3 days after receipt. So kung “ah mayo ning pagka agrue nako oi. The court
imong gi personal service, so pananglitan ugma Section 6. Proof of service necessary. — has no opion but to grant this motion.” Pag tan-
ma receive so pwede karong Friday kay at least 3 No written motion set for hearing shall be aw nimo sa last page…”oi hastang buanga. Wala
days man. Ibutang nimo didto: pleace take notice acted upon by the court without proof of man diay notice of hearing.” You filed an
that the foregoing motion shall besubmitted to service thereof. amended motion for reconsideration this time
the court for its consideration on (unsang pitsaha with notice of hearing. Will it cure the original
karong Friday) at 2:00 O’clock in the afternoon Unsaon nimo pag prove nga gitagaan motion?
with or without the undersigned counsel. nimo ug copy ang pikas? A: NO. look at this case of National
Then, that is for litigious motion. Unsa  If personal service – the signature; or Commercial Bank of Saudi Arabia vs. CA,
man nang litigious motion? January 31, 2003. The absence of notice of
 If mailed – the receipt hearing is fatal and in cases of motions to
Litigious Motion or Litigated Motion reconsider a decision, the running of the period
– is a motion where if the remedy that you are Q: So what will happen? For to appeal is not tolled by their filing of pendency.
asking if granted will prejudice the right of the example, you receive a decision. Napildi ka. It cannot be cured by a belated filing of a notice
adverse party. Pananglitan counsel ka for the plaintiff and you of hearing.
Pananglitan ug mo file ka ug motion to file a case against the defendant. Na dismissed Q: Are all motions required to
dismiss. You are now the defendant who files a ang imong kaso and you receive a decision. Now, contain a notice of hearing?
motion to dismiss. Is your motion to dismiss a you intend to contest the decision of the court. A: NO. Only litigated or litigious
litigious motion? YES, because if the remedy that You ask for reconsideration. You file a motion for motions. A litigious motion is a motion where if
you are asking is granted by the court then that reconsideration. However, your motion for the relief you are asking is granted would
will prejudice the adverse party. reconsideration did not contain a Notice of prejudice the adverse party. If the relief you are
And so, what is required? Hearing. Nakalimtan nimo ang notice of hearing asking will not prejudice the rights of the adverse
pag sulat. What will happen no to your motion? party then that is not a litigious motion and
Because that is litigious motion than What will happen now to the decision? therefore, notice of hearing is not required.
there must be a Notice of Hearing and aside from A: The decision will now become Unsa man na for example kanang NOT
notice of hearing, the adverse party must be final and executor. Why should it become final litigious motion? For example kanang you ask for
served with a copy of your motion. and executor when in fact you filed a motion for time to extend/ motion for extension of time to
reconsideration? It became final and executor file an answer that is a non-litigious motion
Page | 76
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

because if granted, that will not affect the rights Otherwise, those grounds not included address, hinumdumi nga dle lng address ibutang
of the adverse party and therefore you can file are deemed waived. pd nimu ang imuhang role #.
your motion even without a notice of hearing. You know what is role #? Inig ka abogado n jd
Sec. 9: MOTION FOR LEAVE nimu mupirma ka atong dako na libro sa SC
mupirma kadidto sa imung usual signature mao
Sec. 7: MOTION DAY Section 9. Motion for leave. — A motion na e.attach didto, kung mag.usab gani ka kai
for leave to file a pleading or motion shall naminyo ka, hala mahbw.a ang SC nga mao na
Section 7. Motion day. — Except for be accompanied by the pleading or motion imung signature, mao sab nah dka pahbw
motions requiring immediate action, all sought to be admitted. disciplinahon ka sa SC. Kanang imung # didto
motions shall be scheduled for hearing on mao na imung timan.an because that is your role
Friday afternoons, or if Friday is a non- There are instance that, before filing a #. Unya mao nay e.attach or e.butang.. (way
working day, in the afternoon of the next motion, you ask first leave. What do you mean by sumpay judge nagjoke na cya).
working day. leave? Leave means permission. Unya aside from role #, ibutang pd nimu your IBP
So for example, you want to file an #. IBP # is simply your receipt. Because every
General rule, Friday. But sometime, amended complaint after service of responsive year you are required to pay you annual dues.
dunay mga korte nga dili Friday especially didto pleading, we have learned that you must ask for And if you are a private practitioner, PTR #.
sa probensya. Kay panaglitan penal case ang leave of court first. Ibutang pa na nimu ang #.
fiscal didto usa ra ka adlaw…Lunes unya ipa set So when you file a motion of leave of Karn naay bag.o MCLE compliance. Every 3 years
jud na nimo didto ug Friday nga wala may fiscal court, you may attach the pleading that you want lawyer should attend an MCLE seminar. I think it
ana? Pero just the same, mao man ingon sa Rules to file. is 6 units. A lawyer should attend an MCLE
nga ipa set nalang ug Friday. It is up to the court seminar, Mandatory Continuing Legal Education.
to reset. Sec. 10: FORM Every 3 years. Inig kapasar nimu ayaw kblaka kai
Q: Unsa may rationale ana nganung exempt pa ka. If ebutang nimu sa imu MCLE
kinahanglan man ug notice of Hearing? Section 10. Form. — The Rules applicable exempt dunay risgo, inig receive sa imu pleading
A: kay aron makahibalo ang pikas to pleadings shall apply to written motions ah bag.o way problema ni.
nga aduna kay motion kay maka apiktar man na so far as concerns caption, designation, So unsa ibutang nimu?
niya ang imong gipangayo. Just imagine motion signature, and other matters of form.  Name and signature
to dismiss unya walay notice of hearing.  Address
Unya form sa motion, the requirement for  Role #
Sec. 8: OMNIBUS MOTION the form of a pleading are the same. The motion  IBP #
should be signed by the counsel. Because a  PTR
Section 8. Omnibus motion. — Subject motion with the signature produce no effect.  MCLE Certificate #
to the provisions of section 1 of Rule 9, a Hinumdumi nga dili lang nga perma sa counsel.
motion attacking a pleading, order, Ibutang pod nimo ang imong address. RULE 16
judgment, or proceeding shall include all Hinumdumi nga dili lang address ibutang pod
objections then available, and all objections nimo ang imohang Roll No. MOTION TO DISMISS
not so included shall be deemed waived. You know roll no.? inig ka abogado na
gyud nimo…simbako ug maabogado ka, mo This is very important. You have no other option
Omnibus motion – a motion wherein perma ka adtong daku kaayo nga libro. Pwerteng but to memorize all the grounds this is very
you include all grounds in attacking a pleading. dakua adtong libro sa SC sa roll of attorneys. important.
Daku gud kaayo. Inig ukab gud ani usa gud ka What are the grounds for a motion to dismiss and
Tanan. Mura ni siya ug shot gun. All your lamesa. Unya perma ka didto. Tua na imong where are you going to file a motion to dismiss?
objections all your grounds. For example you pangan ditto gisuwat. Section 1.Within the time for but before
want to dismiss the claim so unsa may mga filing the answer to the complaint or
grounds nimo? All your grounds will be included … didto sa imuhang a motion should be signed pleading asserting a claim, a motion to
in that motion. by the counsel, because a motion w/o a signature dismiss may be made on any of the
does not produce any effect. Hinumdumi nga dle following grounds.
lng pirma sa counsel, ibutang nimu ang imung
Page | 77
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

So when are you going to file a motion to the subject matter is conferred by law and property or any interest in the real property the
dismiss? Within the period to file an answer, allegations in the complaint. So look at the case should be filed in the place where the real
within the 15 day period, or 30 day period or 60 law and look at the allegations in the property is located. As regards personal actions
day period. it depends upon the residence of the parties at
complaint, whether the court has
Question: Can a plaintiff file a motion to dismiss? the option of the plaintiff.
Is there an instance where a plaintiff can file a jurisdiction or not.
motion to dismiss? Or is filing a motion to dismiss  Jurisdiction of the court over the subject (d) That the plaintiff has no legal capacity
exclusive to the defendant? Filing a motion to matter is determined by the allegations of to sue;
dismiss although it is usually done by the the complaint and does not depend on the
defendant it is not exclusive for the defendant. allegations on the answer or in the motion Legal capacity refers to the question whether or
There are instances where in the plaintiff may file to dismiss. For example ako na ni gsulti not the plaintiff is in the exercise of his civil
a motion to dismiss. On what regard? As regards ninyo, a collection of sum of money is file rights. For example what is your ground for a
to the counter claim of the defendant. Because it motion to dismiss if the case is filed by a minor
before RTC, in order to collect from the
says before filing to the answer of the complaint without the assistance of his father. Lack of legal
or pleading asserting a claim. Sa ato pa, even a defendant the amount of shall we say of capacity to sue. What about if the case is filed
co defendant can file a motion to dismiss against 500,000 the defendant file an answer w/ by an incompetent? Lack of legal capacity to
the complaint or against the cross-claim. A 3 rd affirmative defense of lack of jurisdiction he sue. What about if the case is filed by a crew
party defendant can file a motion to dismiss as argued that he has already paid the who claimed to be a corporation but unregistered
regards to the 3rd party complaint. plaintiff the amount of 300,000 and so he is corporation? Lack of legal capacity to sue
Ok so what are the grounds? asking the court to dismiss the case because an unregistered corporation cannot sue.
It can be sued but it cannot sue. What would be
because the remaining collectible amount
(a) That the court has no jurisdiction the ground to dismiss the case? Lack of legal
is 200,000. He argued that the court has no capacity to sue.
over the person of the defending
jurisdiction over the case. Q: should the
party;
court be dismissed? Answer: No, to What about if a person files a case for and in
 We have discussed this already. determine whether the court has behalf of another? For example the father filed a
jurisdiction over the action the court has to case for sum of money on behalf of his son who
How can the court acquire
look at the allegations in the complaint, not is abroad because the son is working as a nurse
jurisdiction over the person of the but however the father is not equipped with a
defendant? By serving summons in the answer or in a motion to dismiss
special power of attorney. What would be the
or by voluntary appearance. By otherwise according to the SC the ground for the dismissal of the case? The ground
serving summons or proper jurisdiction of the court would just depend for the dismissal of the case is NOT lack of legal
service of summons. The on the will and caprices of the defendant. capacity to sue because the father is adult. The
defendant who is not served with ground is FAILURE TO STATE A CAUSE OF ACTION
because the father has no cause of action against
summons or improperly served
Question: Should the case be disimissed? No. the defendant.
with summons can file a motion
Because to determine whether the court has
to dismiss on the ground that the jurisdiction over the action, the court has to look Although dunay uban mga author nga ni cite ug
court has no jurisdiction over the at the allegations of the complaint not in the kaso nga kanang unauthorized agent lack of legal
person of the defendant. answer or in the motion to dismiss. Otherwise, capacity kuno ang ground. Pero most of the legal
according to the Supreme Court, the jurisdiction experts state that the ground is failure to state a
(b) That the court has no jurisdiction of the court would just depend on the whims and cause of action. I (JD) think that is correct.
over the subject matter of the claim; caprices of the defendant.
(e) That there is another action pending
 Jurisdiction over the subject matter as what (c) That the venue is improperly laid; between the same parties for the same
we have learned is conferred by law and it cause;
is determined in the allegations in the You have learned this that as regards real action
or where the subject of the case is the real
complaint. In other words jurisdiction over
Page | 78
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

You call this LITIS PENDENTIA. Litis pendentia as there will be res judicata. For example litis pendentia is that if either party will
a ground will also relate to forum shopping here is a case involving a real state win in either case will create res judicata
because if there is litis pendentia therefore you mortgage between C and D. D obtained a as to the other. So there is no litis
violated the rule on forum shopping. Now look at
loan in the amount of 500,000 from C pendentia.
the requisites for litis pendentia kinahanglan nga
secured by a real estate mortgage. D filed  That is the ruling of the Supreme Court in
tan awun nimu anus-a ang litis pendentia. Diay
latest kaayu nga litis pendentia aye. You read a case for annulment of the real estate Tambunting vs. Ong, August 11, 1950.
this case of Umali vs. Canuga Park Development mortgage against the mortgagee. Naka  Unsa toy usa sa mga requisites?
Association, July 20, 2011. una si D ug file ug kaso, D vs. C, Regardless of who wins in the case will
annulment of real estate mortgage. While create res judicata on the other case. And
What are the requisites for litis pendentia? the case is pending, C filed a case against in our example, whoever wins in the first
i. The parties to the action are the same. case would create a res judicata in the
D for foreclosure of mortgage. Do you get
 Or at least such parties represent the same other case. Duna ray res judicata kung si
the facts?
interest in both actions. You know D ang mu daog pero ug si C ang mudaog
 Pirmero si D ni file ug kaso batok ni C ug
complete identity of parties, plaintiff and no res judicata and therefore no litis
annulment of real estate mortgage then
defendant is not really required. Because it pendentia.
later on C filed a case for foreclosure of
could be that there is an additional party.  Another case, recovery of a parcel of land.
mortgage against D. D in this case,
 For example dunay pending case between  (PLEASE REFER SA INYO NOTES KAY
foreclosure of mortgage, in his answer
C and D. Unya si C ni file ug another case GALIBOG KO ASA NGA HERE UG HERE
raised the defense of litis pendentia.
involving the same cause of action. Now UG HERE ANG PASABOT NI JD OUR
According to him there is another pending
this time he impleaded E as an additional LOVE)
case involving the same parties or
defendant. Is there litis pendentia despite  P dunay yuta and nag actual occupant ani
involving the same cause of action and so
the fact that there is an additional party? si D unya gi claim ni ni P. Gusto man
he asked that this case be dismissed.
YES. Because it is not necessary that the kuhaon ni P gusto niya papahawaun si D
Should the case be dismissed on the
parties are totally the same. It is enough so ni file siya ug kaso batok ni D. Dili
ground of litis pendentia?
that there is substantial identity of parties. ejectment tungod kay nangangkon man si
 Unsa to ang ato gi ingun ganina? Dunay
Look at the case of Villarica Pawnshop Inc. D nga tag-iya siya. He filed a case for
litis pendentia kung bisag asa nila
vs. Spouses Gernale, et al., March 20, recovery of ownership and possession
mudaug, whichever party wins will create
2009. against D. While the case is pending D
res judicata as to the other case. So is
there litis pendentia? According the filed another kaso against P over the same
ii. Substantial identity in the cause of action
Supreme, NO. Because in this case if C property this time the action is for
and the relief sought.
wins (sa ato pa ma dismiss ning kasoha) quieting of title. P in his answer raised
 The relief being founded on the
so this will be foreclosed. There is no litis litis pendentia. Is there litis pendentia?
same fact.
pendentia because if C wins then this will YES. Because whoever wins here
iii. The identity in the two cases should be be foreclosed. (recovery of ownership and possession)
that any judgment that may be had in  Way problema kung si D ang mudaug. will create a res judicata here (quieting of
one case regardless of which party is Kung mudaug si D then wala ni (walay title). Kung pananglitan mu daog si P aw
successful would amount to res judicata foreclosure). Ang problema kung si C ang wa na dismissed pud ni siya(quieting of
in the other case. mu daog (so e dismiss nimu ang kaso) title). Dili na maka recover si D kay daog
 Sa ato pa duha ka kaso gi file. Unsaun then maka foreclose si C. Mu prosper ang man si P diri (recovery of ownership and
man na pag-ila nga pareho ra sila? Basta foreclosure kay gi dismiss man ang iyang possession). So dili maka recover si D.
kung kinsay mu daog sa bisag unsang kaso pag question sa validity so there is  Kung pananglitan si D pud ang mudaog
kaso, ari ba ka sa wa or ari ba ka sa tua no litis pendentia because one requisite of diri (quieting of title) unsa puy mahitabu
diri (recovery of possession and
Page | 79
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

ownership)? Mao ra gihapon. So whoever wala mubayad. Imu paninglan padad-an nimu ug
wins here will create a res judicata here. deman letter, written. Hinog na jud ang imu Nia na ta sa hearing, trial na, nakalimut man kag
 In res judicata there is the same parties, cause of action, ma file na jud nimu sa Korte. present sa demand letter. Unsa may mahitabu
identity of parties, identity of issues. Tan- Karun pag buhat nimu sa imuhang complaint run sa imung kaso? Nakalimut sad kag
nakalimut man ka ug butang nga nakapadala ka pangutana sa witness if you had demand. Aw ma
awa lahi ang iyahan title but the issue is
ug demand. Nakapadala gud ka ug deman dismiss. Unsa may ground? Aw dili failure to
the same, the issue of ownership. nakalimut lang jud ka ug state didto sa imuhang state a cause of action kay sa complaint ra man
Recovery of ownership and possession complaint. What will happen now to your to. Ang imung ground kay LACK OF CAUSE OF
involves issue on ownership and complaint? Your complaint could be dismissed ACTION. Meaning you failed to present evidence
possession, quieting of title involves for failure to state a cause of action. You have a to prove your claim.
ownership and possession. So there is litis cause of action but you failed to state it in your
pendentia. Actually, litis pendentia ug complaint. Arang arang na lang na. Ang problema ang
failure to state a cause of action kay wa gyud
kanang res judicata mu pareho ra na sila.
Failure to state a cause of action. There is nimu ma state.
Ang litis pendentia pending ra ang duha or insufficiency in the allegations.
tulo pero ang res judicata terminated ang Another example. What is the ground if the case
usa. And necessarily either there is litis Kanang pag allege nimu nga na kay demand part is filed by a person who is not duly authorized by
pendentia or res judicata there could also na siya sa imu cause of action. You cannot file a the real party in interest? Failure to state the
be violation of forum shopping. In other collection of sum of money without making first cause of action.
the demand.
words kung mu discuss ka ug forum
(h) That the claim or demand set forth in
shopping it would be necessary for you Another, file ka ug ejectment. Nay nangabang sa the plaintiff’s pleading has been paid,
also to touch on litis pendentia and res imung balay walay abang abang lima na ka waived, abandoned, or otherwise
judicata. This is the case of Francisco buwan. Imu na gipadad-an ug demand letter, extinguished;
vs. Vda. De Blas, 93 Phil 1. imu nang gipanginglan. Wala jud. File-an nimu
ug ejectment case. Unsa may e allege nimu Kaning sa (h) daghan ni siya ug grounds, Paid
In litis pendetia is it necessary that the motion to didto sa imu complaint for ejectment? Allege nga meaning fully paid. Waived or abandoned or
dismiss be filed in the second case? Kinahanglan tag-iya ka, gi abangan ni siya, unya wala maka extinguished. What do you mean by
ba gyud nga ang litis pendentia ang kaso nga ma abang, unya gipadad-an nimu ug demand, wa extinguished? Meaning prescribed.
gihapon mu abang wa gihapon mu hawa. Timan- Nahinumdum mu sa inyung civil law nga duna
dismiss ang second case? NO. The motion to
e ha nga ejectment demand to pay AND to ma nay mga prescriptions ang mga actions. Pila
dismiss can be filed in either case. So in our vacate. Kay kung nagpadala ra kag demand to may prescriptive period sa ejectment? 1 year.
second example where there is litis pendentia, pay wala demand to vacate way ejectment y our Pila may prescriptive period sa collection of sum
the litis pendentia could be filed in the first case. cause of action is sum of money. So wala nimu of money without any written contract? Kanang
Sagad ari sa second case. ma state nga duna kay demand to vacate and oral ra nga pang huwam. 4 years. If bounded on
pay the rent unsa may mahitabu sa imung a written contract, 10 years.
(f) That the cause of action is barred by a complaint? Nganung ma dismiss man nga naa
prior judgment or by the statute of man kay cause of action. Naa lagi kay cause of Kung pananglitan nay naka utang nimu oral
limitations; action pero wa man nimu gi state. Unsa may walay kasuwatan kay amigo ra. Nag-away man
ground nimu? Failure to state a cause of action. mu run sa facebook imung gipaninglan.
(g) That the pleading asserting the claim Nangaway ka nako. Tan-aw nimu aye 5 years na
states no cause of action; Pananglitan na state jud ni nimu nga nakahuwam man unsa may depensa sa pikas inig paninglan
ni due, gipaninglan wa jud kabayad. Kana tanan na nimu? Prescribed.
Or failure to state a cause of action. Here when na state jud nimu, na attach pa gani nimu ang
can you say that the pleading fails to state the promissory note, na attach pa gani ang demand (i) That the claim on which the action is
cause of action? Meaning there is insufficiency in letter. Can your complaint be dismissed for founded is unenforceable under the
the allegations. For example naay nakahuwam failure to state a cause of action? Aw DILI. Kay provisions of the statute of frauds; and
nimu sabot mu nga bayran ka anang petsaha, completo man.
Page | 80
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

There are contracts that need to be reduced into motion to dismiss. They are not grounds for a  You know under the Rules on
writing in order to be enforceable, take aning motion to dismiss. Summary Procedure motion to
mga contracts under the Statute of Frauds. Not When a party files a motion to dismiss, for dismiss is a prohibited pleading
necessarily nga kaning contracts which have to example the defendant, he is hypothetically
but the court can motu proprio
be reduced in writing to be enforceable, the admitting the allegations in the complaint. There
written contract need no be notarized. It is is a hypothetical admission of the truth of the dismiss the case on any of the
enough that the same be in writing to be facts alleged in the complaint. Hypothetical grounds for dismissal.
enforceable. admission meaning assuming they are true. By
filing a motion to dismiss the defendant is just 4. Under the Rule on Small Claims
(j) That a condition precedent for filing the assuming that the allegations are true.
claim has not been complied with. Pananglitan mu file ka ug motion to dismiss on The grounds for a motion to dismiss must be
the ground of improper venue you are raised in a motion to dismiss or in the answer as
Now there are cases wherein before filing in court hypothetically admitting that the facts alleged in affirmative defenses. If not raised in a motion to
there are conditions sine qua non that must be the complaint are true. Sa ato pa mu ingun dismiss or in the answer the same could be
complied first. On of these is those cases that tugutan nato nga tinuod ni. Ibutang nato nga considered waived.
require referral to the baranggay. So kung mu tinuod ni. Kani imung kaso kay ma dismiss ni kay
file kag kaso unya kanang kasoha required be the prescribed na. So there is a hypothetical GENERAL RULE:
Local Governement Code to be referred to the admission assuming that the facts alleged are Grounds not raised in a motion to dismiss
baranggay but you did not refer it so the true.
or in an answer, waived.
baranggay prior to the filing of the case in court
then the defendant could ask for the dismissal of Can the court motu proprio disimiss a case
EXCEPTIONS:
the same. such as on the ground of improper venue?
1) Jurisdiction over the subject-matter
2) Litis pendentia
Another when the case requires earnest efforts GENERAL RULE: The court cannot dismiss the
3) .Res judicata
for compromise agreement or settlement before case motu proprio.
filing in court. Unsa ma ning mga kasoha? Those However, there are EXCEPTIONS:
When a motion to dismiss is filed on the
cases wherein the parties belong to the same 1. Grounds mentioned in Sec. 1 Rule 9
family members. Unya naa diha sa libro ni  Lack of jurisdiction ground that the complaint states no cause
Regalado unsa ma nang the same family  Litis pendentia of action the court is not allowed to receive
members inyo sad na tan.awun. Take note that  Res judicata evidence alliunde or outside evidence but
this rule will not apply when there is a stranger. PROVIDED that these matters are should rule on the motion based on the
apparent on the face of the complaint. allegations of the complaint itself. Mi ingun
Another is exhaustion of administrative remedies. man ka nga ipadismiss nimu kay failure to state a
There are cases the subject of which is 2. Grounds mentioned in Sec. 3 Rule 17 cause of action then the court will only examine
cognizable by administrative bodies. Mao niy  Non-compliance of an order of
gitawag nga doctrine of exhaustion of the four corners of the complaint whether it failed
the court
administrative remedies. Unya dunay related to state a cause of action. The court is not
 For example in our previous meetings we
doctrine ana, Doctrine of Primary Jurisdiction that allowed to recieve evidence or evidence alliunde
discussed about motion for bill of
the court will no take cognizance over the case to prove that the complaint states no cause of
which should be referred first before the particulars. If there is motion for bill of
action.
administrative bodies. particulars filed by the adverse party and
the court ordered the plaintiff to state Talking about lack of jurisdiction remember
Now there are other grounds for dismissal but particular facts but the plaintiff did not amendment. Amendment to confer jurisdiction
which are not mentioned here. Try to go back to comply then the court could motu proprio before the filing of a responsive pleading is
Rule 6 Sec. 5. Constitutionality, illegality of the dismiss the case pursuant to Sec. 3 Rule 17.
subject, that the contract is void. But although allowed. But amendment to confer jurisdiction
grounds for dismissal cannot be grounds for a upon the court after the filing of a responsive
3. Under the Rules on Summary Procedure
pleading is not allowed because when the court
Page | 81
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

does not have jurisdiction over the subject it has Upon the filing of the motion to dismiss can the nga way jurisdiction ang court. Gi file for
only one power and the power is to dismiss the plaintiff still amend his complaint? Yes. Because example sa MTC and he believes that the action
complaint. motion to dismiss is not a responsive pleading. is not capable of pecuniary estimation and
Ato gyud na balik balikun arun mu tuhop sa utok. therefore should be filed in the RTC. Nag tuo
Kaniadto kanang dili nimu e agi sa baranggay man gyud siya. He is really convinced. What
ang kaso ang ground ni ana prematurity pero BAR QUESTION: Can there be a motion to shoud he do. Now if he really believes that the
karun gi specify na sa rules. Non-compliance dismiss with counter-claim? Can you file a order of the court denying his motion to dismiss
of condition precedent. motion to dismiss with counter-claim? You ask is erroneous then he can file a petition for
for the dismissal of the case on the ground that certiorari and or prohibition arguing that the
SEC. 2. Hearing of motion. – At the hearing the obligation is already fully paid. Di ba full court acted in grave abuse of discretion. He is
of the motion, the parties shall submit their payment is a ground for dismissal and you ask not allowed to file an appeal because an order
arguments on the questions of law and now for counter-claim. Can there be a motion to denying a motion to dismiss is an interlocutory
their evidence on the questions of fact dismiss with counter-claim? NO. Because motion order.
involved except those not available at that to dismiss is not a responsive pleading. A
time. Should the case go to trial, the counter-claim should beraised in a responsive So first remedy niya, unsa toy first remedy niya?
evidence presented during the hearing pleading. Inyu gyud na sag-uhon ha. Kung gi deny ang
shall automatically be part of the evidence motion to dismiss unsa ang iyang first remedy?
of the party presenting the same. Now what is the remedy of the defendant if the FILE AN ANSWER AND IF YOU BELIEVE THAT THE
motion to dismiss is denied? If the motion to COURT IS WRONG IN ITS DENIAL OF YOUR
Now hearing of a motion just like litiguous motion dismiss is denied then ang iyang remedy ana is MOTION TO DISMISS, YOU REITERATE YOUR
should contain notice of hearing and a copy to file an answer. When? Pila na man lang ang GROUND YOU RELIED ON OF YOUR MOTION TO
thereof must be furnished the adverse party and remaining time niya? Look at Sec. 4. DISMISS.
it must be set for hearing. And during the
hearing of the motion the parties may be allowed SEC. 4. Time to plead. – If the motion is For example you filed a motion on the ground of
to present evidence on the questions of fact denied, the movant shall file his answer improper venue but the court denied it. Then
involved or to raise their arguments in the within the balance of the period prescribed you file an answer and you incorporate, you
questions of law and any evidence produced by Rule 11 to which he was entitled at the allege it, you make it as one of your defenses the
during the trial of the motion shall automatically time of serving his motion, but not less ground of improper venue. You reiterate. Why is
be party of the evidence of the party presenting than five (5) days in any event, computed there a need for you to reiterate? Could the
the same. from his receipt of the notice of the denial. court still change its mind and after the trial
If the pleading is ordered to be amended, dismiss the case? YES.
SEC. 3. Resolution of motion. – After the he shall file his answer within the period
hearing, the court may dismiss the action prescribed by Rule 11 counted from service For example you alleged that there is res
or claim, deny the motion, or order the of the amended pleading, unless the court judicata. The court denied your motion. You
amendment of the pleading. provides a longer period. incorporate that ground in your answer as one of
The court shall not defer the
your affirmative defenses. Later on after trial the
resolution of the motion for the reason that Ayaw mu ka confuse ato sa Neypes vs. Neypes court is convinced that indeed there is res
the ground relied upon is not indubitable. ha nga duna siyay fresh period. Kato sa motion judicata can the court dismiss the case on such
In every case, the resolution shall for reconsideration to after the decision. Kani wa ground despite the fact that earlier it denied your
state clearly and distinctly the reasons pay decision. motion to dismiss? YES. Because the court can
therefor.
still change its interlocutory order.De la sala, et
The defendant aside from filing his answer, what
So tulo ang iyang option, grant, deny or order the al., vs. Sarnate Anpelyido, 110 SCRA 255
will be his other remedy. Nagtuo man gyud siya
amendment.
Page | 82
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

What about on the part of the plaintiff? Unsa The dismissal of the complaint under any time before service of the answer or of
man sad ang remedy sa plaintiff? The first this section shall be without prejudice to a motion for summary judgment. Upon
remedy is to REFILE the case if the same can be the prosecution in the same or separate such notice being filed, the court shall issue
refiled. For example lack of jurisdiction. File it in action of a counterclaim pleaded in the an order confirming the dismissal. Unless
the proper court. If improper venue, refile it on answer. otherwise stated in the notice, the
the proper venue. Is there res judicata? NO. BUT dismissal is withut prejudice, except that a
if the order of dismissal will not allow the refiling Unsa may buhaton sa court kung wala motion to notice operates as an adjudication upon the
of the case then your remedy is APPEAL. dismiss pero dunay answer pero sa iyang answer merits when filed by a plaintiff who has
Because the order now is considered a final dunay mga grounds sa iyang kaso nga gi allege once dismissed in a competent court an
order. as affirmative defenses? The court may conduct action based on or inluding the same claim.
a hearing as regards the grounds to dismiss the
Unsa ma ning grounds nga dili na gyud nimu ma case as if there was a motion to dismiss. But Can the plaintiff dismiss his own case? Yes. And
refile ang your remedy is appeal? Look at Sec. 5. take note that it is upon the discretion of the he can do it by mere notice before a motion for
court. The court may or may not conduct the summary judgment is filed. So pananglitan si C
SEC. 5. Effect of Dismissal. – Subject to the hearing on such ground. If the court will conduct ni file ug kaso batok ni D for sum of money unya
right of appeal, an order granting a motion a hearing the good. If the court will not conduct pag human niya ug file summons, si D tawn didto
to dismiss based on paragraphs (f), (h), and a hearing you cannot file a petition for certiorari man ni C nagluhod luhod in tawn, “Pwede ba
(i) of section 1 hereof shall bar the refiling against the court for not conducting a hearing nimu e dismiss ang kaso mubayad man ko tagae
of the same action or claim. because it is the discretion of the court. lang ko ug usa ka bulan.” Naluoy si C kay gikan
pa gyud in tawn to siya sa Rome. Unsa may
Par. (f) – Res Judicata dili na nimu pwede ma What will happen to the counterclaim if the case buhaton nya? C can file a MERE NOTICE to the
refile. is dismissed? Since there is now an answer and
Par. (h) – Extinguishment, Prescription court that he is dismissing the case. With that
the answer may raise counterclaim the dismissal notice the court has no option but to dismiss the
Par. (i) – Barred by the Statute of Frauds
of the complaint under this section shall be case. Dili na pwede nga e deny sa Court. The
You cannot refile it so your remedy is appeal. without prejudice to the prosecution in the same work of the court here is merely to confirm the
or separate action of a counterclaim pleaded in dismissal.
Kung pananglitan dili ka mu file ug motion to the answer.
dismiss duna ba kay lain remedy nga pareho ra And the dismissal is without prejudice. He can
pud kag naka file ug motion to dismiss? Yes. So mao nay naka nindut kung imu nang e allege refile it.
And this is the best. This is much better than sa imu answer ang imung grounds. Nganu man?
filing a motion to dismiss. What is it? Instead of Kay maka raise na ka ug counterclaim. Didto sa So pananglitan nilapas na sa isa kabuwan
filing a motion to dismiss you file an answer and motion to dismiss you cannot raise counterclaim. hangtud na duha ka bulan wala gihapon mu
allege the grounds for your motion to dismiss Ug ma dismiss ang kaso because of your answer, bayad si D so iya gi file ug usab ang kaso. Pwede
that you intend to file as affirmative defense. then the court may proceed to hear your ba? Yes. Because the dismissal is without
counterclaim or may require you to prosecute prejudice. Uy, nibalik na man sad si D
SEC. 6. Pleading grounds as affirmative your counterclaim in a separate action. nagpakiluoy na sad. Naluoy na sad si C. Mao to
defenses. – If no motion to dismiss has been nga iyaha na sad nga gi dismiss. Gitagaan na
filed, any of the grounds for dismissal Rule 17 sad nya ug usa ka bulan. Pag labay sa usa ka
provided for in this Rule may be pleaded as bulan wa man gihapon mutuman. Can C refile
DISMISSAL OF ACTIONS
an affirmative defense in the answer and, in the case? No more. Mao niy gitawag nga TWO-
the discretion of the court, a preliminary SECTION 1. Dismissal upon notice by DISMISSAL RULE. Why? Because the 2nd
hearing may be had thereon as if a motion plaintiff. – A complaint may be dismissed by dismissal is already dismissal on the merits.
to dismiss had been filed. the plaintiff by filing a notice of dismissal at
Page | 83
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

In the second case when the case is refiled when an answer or motion for summary length of time, or to comply with these
because of the previous dismissal, in the filing of judgment is filed. Rules or any order of the court, the
the 2nd case there is NO need to include complaint may be dismissed upon motion of
certification against forum shopping.Roxas vs. What about if there is counterclaim and the the defendant or upon the court’s own
CA, August 16, 2001. motion is dismissed upon the motion of the motion, without prejudice to the right of
plaintiff? If a counterclaim has been pleaded by the defendant to prosecute his
Now regarding the notice of dismissal, kato sa 1st a defendant prior to the service upon him of the counterclaim in the same or separate
notice of dismissal the court has no option but to plaintiff’s motion for dismissal, the dismissal shall action. This dismissal shall have the effect
confirm the dismissal. Dili pwede dugay dugayun be limited to the complaint. The dismissal shall of an adjudication upon the merits, unless
nya because that is a matter of right on the part be without prejudice to the right of the defendant otherwise declared by the court.
of the plaintiff regardless of the grounds. to prosecute his counterclaim in a separate
action unles within fifteen (15) days from notice Unsa ma nang evidence in chief? Kana btaw
SEC. 2. Dismissal upon motion of plaintiff. – of the motion he manifests his preference to pirmero pa gyud niyang present sa iyang
Except as provided in the preceding have his counterclaim resolved in the same evidence dili rebuttal. If he fails to appear during
section, a complaint shall not be dismissed action. Duna na man guy answer unya kung the presentation of his evidence in chief then his
at the plaintiff’s instance save upon dunay answer there could be a counterclaim. If case shall be dismissed. Pero kung pananglitan
approval of the court and upon such terms the plaintiff now is asking the dismissal of his wa siya mutunga diri na sa pag present sa
and conditions as the court deems proper. complaint the same cannot be dismissed by mere evidence of defendant, then that cannot be a
If a counterclaim has been pleaded by a notice, he has to file a motion. And the motion ground for the dismissal of the case because the
defendant prior to the service upon him of shall be acted by the court. If the court grants rules say that it is his absence during the
the plaintiff’s motion for dismissal, the the motion then what will happen to the presentation of his evidence in chief that
dismissal shall be limited to the complaint. counterclaim of the defendant? The same shall warrants the dismissal of the case.
The dismissal shall be without prejudice to continue either in the same case of in a separate
the right of the defendant to prosecute his action. Another ground is failure to prosecute his action
counterclaim in a separate action unles for unreasonable length of time. For example he
within fifteen (15) days from notice of the The dismissal here is without prejudice. keeps on asking postponements. The hearings
motion he manifests his preference to have are postponed at his instance. The case could be
his counterclaim resolved in the same A class suit shall not be dismissed or dismissed for failure to prosecute.
action. Unless otherwise specified in the compromised without the approval of the Another is failure of the plaintiff to comply with
order, a dismissal under this paragraph court.Because it is filed also in behalf of the other this rules or any order of the court. Di ba mu
shall be without prejudice. A class suit persons who might be prejudiced by the ingun ta ganina nga if the court orders him to
shall not be dismissed or compromised dismissal that is why it needs approval by the particularize by reasons of bill of particulars filed
without the approval of the court. court. by the defendant but the plaintiff did not comply
with that order the case can be dismissed under
Kato sa mi agi notice man to, pahibaw-un ra Now, Sec. 3 is very important as far as dismissal
Sec. 3 for failure to comply with any order of the
nimu. You can file notice of dismissal before of the complaint due to the fault of the plaintiff is
court. Or for example the court orders him to
answer is being filed or motion for summary concerned.
implead an indispensable party, we have learned
judgment is filed. that an indispensable party should be impleaded,
SEC. 3. Dismissal due to fault of plaintiff. –
If, for no justifiable cause, the plaintiff fails but he did not amend his complaint therefore the
A complaint shall not be dismissed at the
to appear on the date of the presentation case now could be dismissed.
plaintiff’s instance save upon approval of the
court and upon such terms and conditions as the of his evidence in chief on the complaint, or
court deems proper. So there must be a motion to prosecute his action for an unreasonable

Page | 84
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Take note that these grounds for dismissal can be plaintiff. Kanang iya pagbalik ug presentar ug failure to comply with the order. Now the
made by the court motu proprio in other words ebidensiya mao nang gi-tawag na rebuttal. dismissal here is upon motion of the defendant or
even without a motion from the adverse party. Anang iya pagpresentar ug ebidensiya ang motu proprio, meaning upon the court’s own
purpose ana is to refute the evidence presented motion. And another, the dismissal is with
And when the case is dismissed on any of these by the defendant. Kaning primiro niya pagpresent prejudice unless the court expressly state in the
kai to prove his claim mao ning gitawag na order that the dismissal is without prejudice. Sa
grounds take note that dismissal is with
evidence in cheif. ato pa kung ang korte sa iya order gi-butang
prejudice meaning it cannot be refiled unless the didto, “for failure to comply order dated Jan, 5,
court expressly states in the order that the Usa pud na buhaton ninyo arong musod sa inyo 2012 this case is hereby dismissed, so order.” So,
dismissal is without prejudice. But if the court utok kanang sabtod pud niyo ang words, kay wala gibutang na “with prejudice” ba to or”
simply states in its order that the case is kung naa pud tay words na dili masabtan lisud without prejudice”, then that dismissal is
dismissed that dismissal is with prejudice. jud na ipasok sa inyong utok. Panimuha jud na considered with prejudice.
masabtan nimu, for example pereho nang
evidence in chief. Arong inig-answer na nimu, Section 4. Dismissal of counterclaim, cross-
November 19, 2012 (Monday) makabalo naka ana kung unsay evidence in chief. claim, or third-party complaint. — The
provisions of this Rule shall apply to the
Are we done with rule 17? Failure to prosecute his action for an dismissal of any counterclaim, cross-claim,
unreasonable length of time. or third-party complaint. A voluntary
Section 3. Dismissal due to fault of plaintiff. dismissal by the claimant by notice as in
— If, for no justifiable cause, the plaintiff For example he is keep on asking for section 1 of this Rule, shall be made before
fails to appear on the date of the postponement then that would tantamount to a responsive pleading or a motion for
presentation of his evidence in chief on the failure to prosecute his action for an summary judgment is served or, if there is
complaint, or to prosecute his action for an unreasonable length of time. Pero kung kausa pa none, before the introduction of evidence
unreasonable length of time, or to comply siya nangayo ug postponement, unya mu-move at the trial or hearing.
with these Rules or any order of the court, ka for dismissal, ah that would not be proper
the complaint may be dismissed upon because the rules say “unreasonable length of Now, what about if the defendant has filed his
motion of the defendant or upon the court's time”. So, if it is for the first time that the plaintiff counter-claim. What will happend to his
own motion, without prejudice to the right asks for resetting then that can still be allowed counterclaim? His counter-claim shall be
of the defendant to prosecute his and that would be improper for the court to prosecuted in the same case or in a
counterclaim in the same or in a separate dismiss the case. separate case. Now this dismissal as what we
action. This dismissal shall have the effect have said shall give an effect on adjudication
of an adjudication upon the merits, unless Failure to comply with these Rules or any upon the merits, meaning it is with prejudice
otherwise declared by the court. order of the court. unless otherwise declared by the court.
And now, let’s go to Rule 18.
DISMISSAL DUE TO THE CAUSE OF There are provisions here under the rules that
PLAINTIFF. obligation is imposed upon the plaintiff. For
So, if for no justifiable cause the plaintiff fails to example Sec.1, Rule 18, the rule require that RULE 18
appear on the date of the presentation of his after the filing of the last pleading the
evidence in chief on the compliant or to prosecution is require to file a motion to set the
case for pre-trial. So that obligation is imposed by Pre-Trial
prosecute his action for unreasonable length of
time... Okey, so for failure to appear on the the rule upon the plaintiff, so there if he could not
date of presentation of his evidence is simple. file a motion the case could be dismiss on the Section 1. When conducted. — After the last
Meaning he failed to present for the first time, ground for failure to comply with these Rules or pleading has been served and filed, if shall
kanang evidence gitawag na naton evidence in any order of the court . Example upon motion, be the duty of the plaintiff to promptly
chief. Sa presentation of evidence primero, diba the court will require the plaintiff to give move ex parte that the case be set for pre-
kasagaran ana kay ang plaintiff man ang mauna, particulars on certain allegation in his complaint trial (5a, R20)
human ang katong defendant. Kahuman ana, but he failed to comply said order of the court
mubalik nasad ug presenta ug ebidensiya ang then the case can be dismiss by the court for
Page | 85
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

After the last pleading is served and filed, when who will issue notice to the party setting the case 1. The possibility of an amicable settlement
we say “served” that has something to do with for pre-trial under this administrative circular. or of a submission to alternative modes of
the giving of a copy of a pleading or motions to dispute resolution.
the party. When we say “filed” it has something Section 2. Nature and purpose. — The pre-
to do with the filing with giving or presenting with trial is mandatory. The court shall consider: Actually this is the number one purpose of the
the copy of a pleading or of a motion to the pre-trial for the parties to come up with an
court. So, after the last pleading has been served amicable settlement. You know kanang Civil nga
and filed, it shall be the duty of the plaintiff ( mao (a) The possibility of an amicable
settlement or of a submission to kaso man gud hilabihan na kadugay ma-
ning ako gi-ingon ganiha that a rules may terminate. Ang criminal man gani na naay
imposed a duty upon a plaintiff, diba?) to alternative modes of dispute resolution;
napriso dugay man gani ma-disposed unsa kaha
promptly move ex parte that the case will be set ning civil na ang naa man gani ani kay properties
for pre-trial. (b) The simplification of the issues; ra. So, arong madali madisposed maong naay
pre-trial, unya ang purpose ana is for the parties
That you might ask what would be the last (c) The necessity or desirability of to arrived amicable settlement. Now, under the
pleading before a pre-trial will be held? Now, if amendments to the pleadings; administrative circular that I mentioned to you
the plaintiff did not file a reply or answer to the earlier, Supreme Court in that circular mandated
claim, then the last pleading would be the (d) The possibility of obtaining that before the pre-trial proper the parties are
answer. But if after the defendant filed a reply, stipulations or admissions of facts and of require to appear before the clerk of court. Unya
then the last pleading would be the reply, kay documents to avoid unnecessary proof; unsa may buhaton diha sa clerk of court? Mao
after sa reply dili naman makatubag ang gihapon, ang kaning mga butang na di-a dri
defendant , wa naman na gi-tawag na re-joinder. (referring to the rule), the clerk of court will
So, reply would be the last pleading kung ni-file (e) The limitation of the number of persuade the parties to come up with amicable
but kung wala then answer would be the last witnesses; settlement. Ang kanang maong proceedings
pleading. didto sa clerk of court gi-tawag na ug
(f) The advisability of a preliminary preliminary conference.
So, kanus-a man ka makabalo kung dili reference of issues to a commissioner;
interesado mu reply ang plaintiff? After the Unya marking of exhibits, labhi na jud kung
lapsed of period to file a reply. So, dire nasad ta (g) The propriety of rendering judgment voluminous ang mga exhibits, labhi na ning civil
sa provision sa rules: kanus-a man ka mu-file ug on the pleadings, or summary judgment, usahay daghan kayo ug dokumento, so
reply? That is 10 days after the receipt of an or of dismissing the action should a valid markahan na na daan sa clerk of court. Unya,
answer. Katong ni-aging bar exam daghang ground therefor be found to exist; kung wa gyud settlement, so walay marking of
question mahintungod sa period. So panagana exhibits, wai stipulation of facts... balik nasad na
nalang mo daan na ibalik na. (h) The advisability or necessity of na sa korte. Unya mag-unsa man sad mo sa
suspending the proceedings; and korte? Mao gihapon, the judge itself now will
Under sec. 1 the plaintiff is mandated to file a have to persuade the parties to come up with
motion ex parte to set the case for pre-trial. So, amicable settlement. Kung dili jud, then mu-
(i) Such other matters as may aid in the proceed ug other matters here.
dunay recent Administrative circular (you read prompt disposition of the action.
this administrative circular):A.M. No 03-1-09-SC
dated August 16, 2004. Now, this circular So, unsa may other matters if amicable
provides for the guidelines on how to conduct NATURE AND PURPOSE OF PRE-TRIAL settlement is not possible?
pre-trial. Under this circular the Supreme Court
says, “If the plaintiff fails to file a motion to set Pre-trial is mandatory. Meaning the court 1. The simplification of the issues.
the case for pre-trial, the clerk of court shall issue cannot just forego pre-trial. What are the
notice of pre-trial”. Sa ato pa after the filing of matters that should be considered during
last pleading dili mu-file ang plaintiff to set the pre-trial: The issues should be identified. Unsa
case for pre-trial, it would be the clerk of court man gyud ang ato lalisan dri? Unsa gyud ato i-
prove? Because the issues are taken upon during

Page | 86
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

the trial will guide or will limit the presentation of It could be that there are allegation in the attorney tinuod na, attorney.” “okey, that
evidence. complaint that nga deri sa answer gi-deny. Pero is admitted your honor.”
possible ba na na during trial the defendant
General rule: you are not allowed to changed his mind, instead of denying the 2. Will the defendant admit that the
present evidence that will prove an issue that are defendant will admit? amount of his loan obtained from the
not mentioned in the pre-trial. plaintiff is 200,000?
Unsa man nay stipulation of facts? Kanang
But in the course of the trial, a party stipulation of facts mu-raise ka ug proposal for Imu gud, gagmay-gagmayon gud, murag
present evidence that is not an issue in the pre- admission. nagpakaon ug bata. Ayaw didtsuha.
trial, that will be considered as a waiver. So, unsa Primero imu ipa-admit kung naka-
mai mahitabo ana. Ang mahitabo ana? There will For example, allegation didto sa complaint: That obtained ba ug loan, kaduha ang amount
be a pleading that will be amended to conform sometime on December 15, 2010 the defendant sa loan, sunod ani...
to the evidence presented. Mao nang ako gi- obtained a loan from the plaintiff in the amount
mention before na there is such thing that of shall we say 200,000. In his answer it was 3. Will the defendant admit that upon due
amendment of pleadings to conform to evidence. denied. Now, during pre-trial, puede na nimu na he failed to pay the loan despite
usbon pagpa-admit. I-propose na nimu na ipa- demands?
Asa man na kuhaon ang mga issues? Ari admit na. So, unsaon man nimu? Ing-aniun nimu
na kuhaon sa complaint ug answer, ug sa reply pagsulti (how to make a proposal):
4. That before filing the case in court the
kung dunay reply. Usually ana gikan sa complaint matter was report to the office of
ug answer. So, those allegation admitted by the Proposal for admission baranggay captain in barranggay where
defendant in his answer will no longer be the parties are residence.
considered as an issue. Unsa gani nang bisaya sa 1. Will the defendant admits that on Dec.
issue? Lalisan! Kung imu na gani na gi-angkon 15, 2010 he obtained a loan from the
nganong lalisan paman na? Then muingon, “admitted!”. Ah kung
plaintiff? admitted ni tanan, then there will be no
hearing. What will happend? There will be
So, for example sum of money: kung ang Imu ni gi-propose kay didto sa iya judgement based on the pleadings or the
iya paghuwan gi-angkon, nganong lalisan paman answer wala man ni niya gi-admit na court will now render decision. And most
na? Kung wala niya gi-angkon then that would be allegation. Dili ka mu-propose kung gi- probably it will be in favour of the
the issue, whether or not he obtained a loan. admit na. Now what would be the answer plaintiff.
of the defendant? Now, the defendant
2. Simpification of an issues may through his counsel admit or deny. Now, what is the effect if some of these
So possible na mu-ingon siya, “we deny proposals are admitted and some are
3. Then another is the necessity or desirability of your honor” or puede sad siya mu-ingon not?
amendments to the pleadings. na, “yes, we admit your honor”.
a. obtained a loan from
If there is a possibility to amend the pleadings, in So possible na iya na gi-deny sa the plaintiff= ADMITTED
the course of trial it was found out that there is iya answer but during pre-trial iya nang
an indispensable party then the court will order gi-admit. Nganong ga-change man siya
ug huna-huna? Kay tingale didto sa b. obtained from the
to amend the pleading in order to implead plaintiff is 200,000= ADMITTED
indispensable party. complaint wala sya kakita sa original,
usually machine copy raman ang i-
attached na dokumento sa promissory c. failed to pay the loan
4. The possibility of obtaining stipulations or note, unya karon gipakita siya sa original. despite demands= Only demand is
admissions of facts and of documents to avoid Ingon sya, “tinuod man gud ni”. Iya admitted
unnecessary proof. gikunsulta ang defendant, “ unsa ba ni,
tinuod ba ni na nakahuwam ka?” “Bitaw
Page | 87
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

c. matter was reported to *So that’s the importance of proposal for pa during pre-trial your cards are already laid on
the office of baranggay captain= stipulation of facts. Stipulation meaning the table. Kinsa man imu witnesses? Unsa mai
ADMITTED agreed, sabuton ninyo. dokumento nimu? Because documents that are
not marked are not also be allowed to be
*Since it is admitted that he obtained a We are now going to make stipulation or presented during trial, unless there are valid
loan, it is not necessary to present the admission of a document. Pananglitan di reasons why is it you wasn’t able to bring to the
promissory note. sya mu-admit sa loan, ipakita ang court during pre-trial.
promissory note when the defendant
*Let say, that it was admitted that he agreed on the genuiness of his Nganong giing-ana manna, ang imong mga
failed to pay the loan despite demands, it promissory note which contains the witnesses, names, ang guise of the testimony,
is not necessary to present the demand signature of the defendant. Aw kun dili ang imu mga dokumento gisulti na daan? In
letter. Gi-admit naman nga wa siya siya mu-admit then i-offer nlang ni order to encourage amicable settlement. Kai
kabayad, nganong i-present paman nimu afterwards. So, maminus nlang imu kung kabalo naka na daan na kompleto na to
ang demand letter? trabaho during trial. daan ang dokumento, nganong musukol paman
ka ug kaso, nganong diman ka makig-
Then, another kung ikaw sa defendant, compromise? So, for example nikiha ka for sum
*Of course kung gi-admit na ang pag- of money,nganong musukol pa man? If I were you
obtain sa loan, ang lalisan nlang ang nya ang imo depensa kai payment then
you will let the plaintiff admit the receipt. compromise nlang unya kanang imung ibayad sa
pagbayad. Kung nakabayad ba or wala. abogado ipuno nlang ug bayad sa utang nimu.
Kanang singkwenta mil dako na na nga tabang
*So, if muingon ka nga that, “your honor 5. Limitation of number of witnesses. nimu, instead ibayad sa lawyer itigum nlang na.
we received a demand but the defendant
just ignored it because he had already So for example the court ask, “plaintiff how many 6. The advisability of a preliminary reference of
paid his obligation.” So, receiving a witnesses will you present?” Miingon dayon ang issues to a commissioner
demand letter has been admitted but he abogado, “ten witnesses, your honor”. “Nganong
reason out that he had fully paid the ten witnesses man, nganong ni-abot man ug 10
loan. ang imu witness?” Usahay man gud kaning Sometimes there are matters subject to a
abogado tuyuon man niya ug daghan kai arong litigation which is beyond the expertise of the
magbalik-balik siya sa korte kai kada balik sa court. For example, boundary dispute, a case of
*Unya kani (pertaining to matter was recovery of ownership, a portion of the property
reported to the office of baranggay korte mura man ug taxi.
of the plaintiff is being encroached by the
captain), since it is admitted the defendant. So unsaon man na pagsettle sa court?
certification from Brgy. Captain is not “So, why are you going to present ten witnesses? Gawas ra kung ang judge geodetic engineer. Pero
necessary to be presented. Who are you witnesses by the way?” “What will kung dili ,the court then will resort the matter to
they testify?” So, pananglitan si A mu-testify ani, the geodetic engineer for the settlement.
*So, kung maayo ang imong kapresent sa then si B mu-testify ani. So if the testimony of
proposal, ang imong trabaho will be C,D and E are just similar to that of A or B, then
you can dispense the three other witnesses. The 7. The propriety of rendering judgment on the
lessen. And if you are the counsel of the pleadings, or summary judgment, or of
plaintiff mas sayun-sayon sa pagprove sa witnesses now are reduced to two.
dismissing the action should a valid ground
imong cause of action, sa imong kaso. On therefor be found to exist.
the other hand kung ikay ang defendant Remember evidence? You learned that testimony
unya nindot sad imu depensa mas of witnesses are not numbered but weighed (dili
masayun-sayon pud, mas dako ug numeruhan kung pila kabuok imu witness but 8. The advisability or necessity of suspending the
chansa na mudaog ka with your timbangon). proceedings.
proposals.
The Court said that no witnesses can take the For example the party will say that they are still
witness stand in the course of the trial if the on the process of working on the compromise
witness is not mentioned in the pre-trial. Sa ato agreement, labhi na kung mag-inigsuonay ra
Page | 88
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

unya ang giawayan kai ang katigayuanan na Section 4. Appearance of parties. — It shall duly equipped by a SP signed and authorized by
gibilin sa ilang ginikanan, murag naas silay be the duty of the parties and their counsel the Board of Directors.
puhunan. So, if the parties are still working out to appear at the pre-trial. The non-
for the terms and condition of the compromise appearance of a party may be excused only Section 5. Effect of failure to appear. — The
agreement that could be ground for suspension if a valid cause is shown therefor or if a failure of the plaintiff to appear when so
of the proceeding. representative shall appear in his behalf required pursuant to the next preceding
fully authorized in writing to enter into an section shall be cause for dismissal of the
“How long will it takes for you in order to come amicable settlement, to submit to action. The dismissal shall be with
up with the terms of your compromise alternative modes of dispute resolution, prejudice, unless other-wise ordered by the
agreement?” Ingon dayon ang party,“Your honor and to enter into stipulations or admissions court. A similar failure on the part of the
we will need may be two months because one of of facts and of documents. defendant shall be cause to allow the
our siblings will be coming. plaintiff to present his evidence ex parte
It shall be mandatory for the parties and their and the court to render judgment on the
9. Such other matters as may aid in the prompt counsel to appear in the pre-trial. The non- basis thereof.
disposition of the action. appearance of a party may be excused only if a
valid cause is shown therefor or if a So, what will happened if the plaintiff failed to
representative shall appear in his behalf fully appear during Pre-trial? The case may be
Such as marking of exhibits. authorized in writing to enter into an amicable dismissed, without prejudice to the prosecution
settlement, to submit to alternative modes of of the counter claim of the defendant. The
Then the trial dates sabutan daan. “Plaintiff, how dispute resolution, and to enter into stipulations dismissal shall be with prejudice on the part of
many witnesses do you have, 2 witnesses?” okey or admissions of facts and of documents. the plaintiff, unless other-wise ordered by the
i will give you 2 days. “How about you defendant, court.
how many witnesses do you have, 2 witnesses If a party fail to appear, for example the plaintiff,
also? Okey I will also give you two days”. So 4 he should set a representative. And take note
days all in all, after that rebuttal if the plaintiff How about if it is the defendant who fails to
that it should be for a valid reason. If naay appear? The plaintiff will present the evidence
want to present rebuttal. representative but no valid reason, then his ex parte and the court will render the judgement
absence will cause the dismissal of the case. on the basis thereof. He will not be consider in
Nganong sabutan man daan ang date? Kai ang Thus your non- appearance must be for valid default because he already filed an answer. So,
mga abogado busy kaayo. reason and your representative must be fully there would be ex parte hearing for the decision
equipped with special power of Attorney and in of the evidence of the plaintiff and based on the
Section 3. Notice of pre-trial. — The notice that SP this three must be present: evidence presented the court will render
of pre-trial shall be served on counsel, or judgement.
on the party who has no counsel. The 1. To enter into a
counsel served with such notice is charged compromise agreement Q: If the defendant fails to file an answer what
with the duty of notifying the party will happen?
represented by him. 2. To submit the case to
alternative mode of resolution A: he will be declared in default.
NOTICE OF PRE-TRIAL
3. To enter stipulation of Q: Would that make the plaintiff automatically
An siguruon pagserve sa notice kai ang mga facts. win the case? Is he 100% sure that he will win
abogado. And it shall be the duty of counsel to the case?
inform the same to their client. But usually ang Kung naay SP but the power is limited to enter
pamaagi sa korte ang duha, ang abogado ug ang into compromise agreement, the 2 others are not
parties. Pero ang rules nagrequire na ang notice A: No. Because what will happened if the
included then the case will be dismissed. And if a allegation in the compliant are insufficient, will
adto lang sa counsel. party is a corporation the representative must be still the court render decision in favour of the

Page | 89
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

plaintiff even the allegations in the complaint is Failure to file the pre-trial brief shall have Ilista pud nimu kung unsay mga dockumento to
insufficient? The answer is NO the same effect as failure to appear at the be present. Ilista nimu ang mga dokumento na
pre-trial. mu-prove sa imu case.
The same story with the defendant who fails to
appear during trial. Although the court will allow PRE-TRIAL BRIEF 5. A manifestation of their having availed or
you to present evident ex parte, it doesn’t mean their intention to avail themselves of
that you are a sure winner because the court will What is require to be submitted by the parties discovery procedures or referral to
render decision based on the evidence before the pare trial? commissioners; and
presented. If your evidence is presented is not
sufficient to support the findings that would 6. The number and names of the witnesses,
render the defendant liable, the case should be At least three days before the pre-trial, the
parties are require to serve the adverse party and the substance of their respective
dismissed. testimonies.
and filed with the court a copy of their respective
pre-trial brief. Ang kaning pre-trial brief, outline ni
Section 6. Pre-trial brief. — The parties shall sa mga matters to be taken up during pre-trial. Mao na sa usa sa maka encourage nimu nga mag
file with the court and serve on the adverse abogado ka.
party, in such manner as shall ensure their Then, documents and exhibits to be presented
receipt thereof at least three (3) days What does the pre-trial brief contain?
stating the purpose, ilista pud nimu unsa ang
before the date of the pre-trial, their mga dokumento to be presented. Ilista nimu ang
respective pre-trial briefs which shall 1. A statement of their willingness to enter mga dokumento nga mo prove sa imung kaso.
contain, among others: into amicable settlement or alternative
modes of dispute resolution, indicating the Sec 6: contiunation
(a) A statement of their willingness desired terms thereof.
to enter into amicable settlement or (e) The manifestation of their having availed or
alternative modes of dispute Pila kaadlaw before i-submit ang pre-trial? Three their intention to avail themselves of discovery
resolution, indicating the desired days. procedures or referral to commissioners.
terms thereof;
2. A summary of admitted facts and (f) The number and names of the witnesses and
(b) A summary of admitted facts and proposed stipulation of facts. the substance of their respective testimonies.
proposed stipulation of facts; Ilista na nimu na daan. Look at the last
paragraph.
Didto sa imong pre-trial brief ilisan na nimu daan
(c) The issues to be tried or na kung unsa ang imu proposal . Ang imong i- Failure to file pre trial brief shall have the same
resolved; propose for admission kai ang katong mga facts effect as failure to appear at the pre trial. Sato pa
na gi-deny. kung wala gane ka pre trial brief ayaw na lang
(d) The documents or exhibits to be adto sa pre trial kay pareho ra nga wala ka
presented stating the purpose 3. The issues to be tried or resolved. mitunga.
thereof; Q: So what happen if you appear during the pre
Have you seen a pre-trial brief? Kung gusto mo trial and you don’t have a pre trial brief?
(e) A manifestation of their having maging abogado, arong ma-encourage mo dunay A: If you are the plaintiff your case would be
availed or their intention to avail mga amigo na nagtrbaho na nagtrabaho sa law dismissed. If you are the defendant then the
themselves of discovery procedures firm, pangayo mo ug machine copy sa pre-trial court will allow the presentation of the evidence
or referral to commissioners; and brief. Mao nang usa sa maka-encourage nimu na ex parte.
maabogado ka.
Unya sa kining pre trial sa mission sa pre trial
(f) The number and names of the brief, this is principally the obligation of the
witnesses, and the substance of 4. The documents or exhibits to be counsel. So it means, pulpul najud kaau kang
their respective testimonies. presented stating the purpose thereof. abogadoha kung madismiss ang kaso kay wala ka
Page | 90
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

ka submit ug pre trial brief. You can also expect a A: Well, there is no case yet in that situation but or 1 month. Now, nakadisgrasya imung awto nga
disbarment case. That is gross neglect of duty. if there is the court proceeding will not be gibaligya. Who will be sued by the injured party?
nullified because of ESTOPPEL. But there is a A: YOU. Why man? You are still the registered
Although mi ingun ko ninyo nga adunay korte danger that the judge be subjected to disciplinary owner.
nga liberal kayo mosabot sa pre trial brief nga action for ignoring the provisions of the Rules of Q: Since you believe that you are no longer liable
pwde ra on the day of the trial do not follow it. Court. because you already sold your car and you
Follow the Rules. Bahala nag ikaw liberal ka sa believe you are not liable for the accident. So,
imung kontra mi file ka at least 3 days unya To summarize what are the instances that the what are you going to do?
imung kontra wala mi file, its up to you kung mo complaint be dismissed as penalty to the A: You are going to file leave to allow you to file a
strikto pud ka niya. I am just warning you to plaintiff? 3rd party complaint.
follow what the law requires to avoid trouble later 1. Sec. 3, Rule 17 Now, this intervention is related to the 3 rd party
on esp if you are the plaintiff. 2. Failure to appear at the pre trial complaint. Pananglitan wala ka gi apil jud, walay
3. Failure to file pre trial brief 3rd party complaint and you believe that
SEC 7: RECORD OF PRE TRIAL apektado imung property. You are interested on
So, those are the very important rules of the Civil the subject matter of the litigation. Gusto ka
After the pre trial the court shall issue an order Procedure. First 18 rules. moapil, unsa imung buhaton?
stating what transpired during the pre trial
conference. The court now will summarize the RULE 19 Ex:
matters taken during the pre trial. P filed a case for recovery of ownership over a
 What are the facts stipulated INTERVENTION parcel of land against D. Gi ilugan nilang duha ay.
 What are the documents marked by the P vs. D. Now, si S who claimed to be the real
plaintiffs by the defendants SEC 1: So, WHO MAY INTERVENE? owner of the property, S: nganu gud tawng gailog
 The witnesses to be presented by the mo anang yuta-a ako may tinud anayng tag iya.
A person who has legal interest in the matter of S learned nga adunay kaso, so, unsa iyang
plaintiff by the defendant
litigation or in the success of either of the parties buhaton? Wala may 3rd party complaint, alangan
 What are the issues to be resolved
or an interest against both or is so situated as to man pud mo file ug 3rd party complaint si D. S’s
 The trial dates agreed by the counsel interest is at stake on the said property. What
be adversely affected by a distribution or other
disposition of the property in the custody of the should he do?
These shall be stated in the so called pre trial court or the court officer thereof may with leave A: He will now file a Motion to Intervene. If
order which should be issued by the court after of court be allowed to intervene in the action. So thereafter such is granted he will file either a
pre trial conference. those are the grounds for intervention. There are complaint in intervention or answer in
Q: Suppose during pre trial, the counsels move to for grounds for intervention. Kining intervention intervention. Kana kung ang iyahang interest
defer (suspend/postponed) or just forgo with the is related to 3rd party complaint, kahinundum ba pabor niya. Kay kung siyay liable ay di siya uy,
pre trial conference because according to them mo sa 3rd party complaint? Kung ang plaintiff mi mag hilum2x na lng siya. Pananglitan uroy ikaw
they could not reach an amicable settlement. Is it file ug kaso ngadto sa defendant. Unya gatuo nakapalit sa sakyanan nga nakadasmag unya
proper for the court to grant the motion because siya nga di siya sad an kay ang sad an katong ang gikiha ka yang registered owner unya
they agreed that it would be just a waste of time lahing tawo nga wala gi apil sa kiha. Unsa man moingun d ai kag APIL KO BI.
to conduct pre trial conference because the party iyang himuon? Mo file siyag leave to file a 3 rd part If you say that you will intervene, your interest is
already exerted efforts Your Honor to arrive with complaint kay arun katong party nga para jud at stake and you want to litigate your interest to
amicable settlement but we believe your honor niya maoy liable arun maapil sa kadtong kaso. include your interest in the action.
that compromise agreement is impossible? We In what instances that one may file intervention?
move that the pre trial conference be cancelled Ex: 1. When he has interest on the
and forgo and we’ll proceed to trial proper. Is it Mibaligya kag sakyanan unya di man dali ma subject matter of litigation
proper for the court to grant the motion? transfer ang rehistro unya makadawat na ka
A: NO, pre trial is mandatory. natural ang buyer kwaon na ang sakyanan. Ang Ex:
Q: What will happen if the Court grants the ebdensiya nga di na siyay tag iya ang Deed of Your parents died and left properties. In your
Motion of the parties and there would be no pre Sale. Ang problema ang rehistro sa LTO kay special proceeding, unsa to inyong nakat unan
trail, would it nullify the proceeding because imuha pang ngalan (seller). It will take 2 months unsay mahitabo kung mamatay inyong ginikanan
there was no pre trial?
Page | 91
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

unya naa silay mga kabtangan? Adunay i-appoint 3. The intervenor has a legal interest Preference shall be given to habeas
nga ADMINISTRATOR or EXECUTOR. Dili na sila against both corpus cases, election cases, special
ang mga anak usually laing tawo na. What will 4. The intervenor is so situated as to civil actions, and those so required
happen if the heirs believe that wala tarunga pag be adversely affected by a by law.
handle sa (ex. adunay probate sa will ngadto sa
distribution or other disposition of
korte, adunay money claims nga gi file ngadto sa This is prepared by the clerk of court. Preference
korte pero wala tarunga pagadala sa exec. Or property in the custody of the court shall be given to Habeas Corpus Cases. Unya
admin.) or of an officer karon naa naman mga writ of amparo etc. pero
The heirs now may intervene. They can file a unahon ang Habeas Corpus.
motion for intervention.
Sec. 2. Time to intervene. Sec. 2. Assignment of cases.
2. Success of either parties, The motion to intervene may be filed at any The assignment of cases to the
3. His interest against both time before rendition of judgment by the different branches of a court shall be
trial court. A copy of the pleading-in- done exclusively by raffle. The
So inyon huna huna-on aning intervention a intervention shall be attached to the assignment shall be done in open
starnger whose intereset is affected would like to motion and served on the original parties. session of which adequate notice
intereven. Just like third part complaint would shall be given so as to afford
require leave of court. What are the pleadings to be filed? interested parties the opportunity to
be present.
What is the remedy of the movant if his motion Sec. 3. Pleadings-in-intervention.
will be denied? His remedy is to file a separate Of course kung usa ra ka korte, single sala,
The intervenor shall file a complaint-in-
action. Or if he believes that his motion was walay raffle.
intervention if he asserts a claim against
acted with grave abuse of discretion he may file either or all of the original parties, or an
mandamus. To compel the court to admit his RULE 21
answer-in-intervention if he unites with the
motion or to allow him to interevene. defending party in resisting a claim against
SUBPOENA
the latter.
Intervention Interpleader
Sec. 4. Answer to complaint-in-intervention.
What is a subpoena?
The answer to the complaint-in
The party filing the No Interest over the Section 1. Subpoena and subpoena
-intervention shall be filed within fifteen
motion is interested property. Gusto lng ducestecum.
(15) days from notice of the order admitting
over the subject matter mahi bal-an sa Subpoena is a process directed to a
the same, unless a different period is fixed
of the case interpleader kung kinsa person requiring him to attend and
by the court.
gyud nila ang tag-iya to testify at the hearing or the trial
of an action, or at any investigation
Ancilliary action, An orginal action conducted by competent authority,
meaning this RULE 20 or for the taking of his deposition. It
presupposes that there may also require him to bring with
is a pending case CALENDAR OF CASES him any books, documents, or other
things under his control, in which
Section 1. Calendar of cases. case it is called a subpoena
ducestecum.
The clerk of court, under the direct
Grounds for intervention: supervision of the judge, shall keep There are 2 kinds of subpoena:
1. Interevenor has a legal interest on a calendar of cases for pre-trial, for
the matter under litigation. trial, those whose trials were 1. Subpoena ad testificandum- which is
2. The interevenor has a legal interest adjourned or postponed, and those an ordinary subpoena
in the success of EITHER parties; with motions to set for hearing.
Page | 92
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

2. Subpoena duces tecum- This is issued the person whose attendance is thewitness. This is only applicable in
when a person is required to bring with required, and in the case of a a civil case. This cannot be invoked in a
him documents or object evidence to be subpoena ducestecum, it shall also criminal case. So if this is a criminal case
contain a reasonable description of you cannot invoke this right or you
presented in court.
the books, documents or things cannot refuse to testitify, you have to
demanded which must appear to the testify even if you are living more than
court prima facie relevant. 100 kilometers away.
Sec. 2. By whom issued.
The subpoena may be issued by:
Sec. 5. Subpoena for depositions.
Sec. 4. Quashing a subpoena. Proof of service of a notice to take a
a) the court before whom the witness is
The court may quash a subpoena deposition, as provided in sections
required to attend;
ducestecum upon motion promptly 15 and 25 of Rule 23, shall
made and, in any event, at or before constitute sufficient authorization
b) the court of the place where the the time specified therein if it is for the issuance of subpoenas for
deposition is to be taken; unreasonable and oppressive, or the the persons named in said notice by
relevancy of the books, documents the clerk of the court of the place in
c) the officer or body authorized by law to or things does not appear, or if the which the deposition is to be taken.
do so in connection with investigations person in whose behalf the The clerk shall not, however, issue a
conducted by said officer or body; or subpoena is issued fails to advance subpoena ducestecum to any such
the reasonable cost of the person without an order of the
production thereof. court.
It could be conducted by competent authority-
example, NBI or administrative bodies.
Reason:
1. if it unreasonable Parehoranisiyasa other subpoena.
d) any Justice of the Supreme Court or of 2. oppressive
the Court of Appeals in any case or 3. relevancy of the books Sec. 6. Service.
investigation pending within the 4. documents or things does not appear Service of a subpoena shall be made
Philippines. 5. fils to advance the reasonable costs. in the same manner as personal or
–So tagaannimogplete. Or pang substituted service of summons. The
When application for a subpoena to a gastosapag pa reproduce original shall be exhibited and a
prisoner is made, the judge or officer shall copy thereof delivered to the person
examine and study carefully such The court may quash a subpoena ad on whom it is served, tendering to
application to determine whether the same testificandum on the ground that the him the fees for one day’s
is made for a valid purpose. witness is not bound thereby. In attendance and the kilometrage
No prisoner sentenced to death, reclusion either case, the subpoena may be allowed by these Rules, except that,
perpetua or life imprisonment and who is quashed on the ground that the when a subpoena is issued by or on
confined in any penal institution shall be witness fees and kilometrage behalf of the Republic of the
brought outside the said penal institution allowed by these Rules were not Philippines or an officer or agency
for appearance or attendance in any court tendered when the subpoena was thereof, the tender need not be
unless authorized by the Supreme Court. served. made. The service must be made so
If the prisoner is sentenced to death, reclusion as to allow the witness a reasonable
perpetua or life imprisonment there must be an time for preparation and travel to
Limitations in the effects of a subpoena the place of attendance. If the
authorization by the Supreme Court.
ad testificandum: subpoena is ducestecum, the
reasonable cost of producing the
Sec. 3. Form and contents.
Pwedeka mu balibad if you are residing books, documents or things
A subpoena shall state the name of
more than 100 kilometers from the court. demanded shall also be tendered.
the court and the title of the action
This is called Viatory Right of
or investigation, shall be directed to
Page | 93
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

It shall be served the same as personal the disobedience thereto shall be Exclude the first. Include the last. And if
and substituted service of summons. So punished in accordance with the the last day falls on a holiday there will
strictojudkaayu. So in other words it applicable law or Rule. be an automatic extension to the next
cannot be served by mail. working day.
Labinagyudngamakatumongkag judge
Sec. 7. Personal appearance in court. ngastricto. You will be kept in jail until the Sec. 2. Effect of interruption.
A person present in court before a time that you agree to testify. Failure by Should an act be done which
judicial officer may be required to any person without adequate cause to effectively interrupts the running of
testify as if he were in attendance obey to a subpoena is one of the grounds the period, the allowable period
upon a subpoena issued by such to be held in indirect contempt. Look at after such interruption shall start to
court or officer. Rule 71 sec. 3f. run on the day after notice of the
cessation of the cause thereof.
What about if the person supposed to be Sec. 10. Exceptions.
present is already present in court The provisions of sections 8 and 9 of The day of the act that caused the
kinahanglan pa basiyasubpoenahan? You this Rule shall not apply to a witness interruption shall be excluded in the
look at section 7. As if he were in who resides more than one hundred computation of the period.
attendance of a subpoena issued by (100) kilometers from his residence
such court. to the place where he is to testify by Filing of motion such as motion to dismiss
the ordinary course of travel, or to a the reglementary period to file answer
Sec. 8. Compelling attendance. detention prisoner if no permission would be interrupted and would start to
In case of failure of a witness to of the court in which his case is run again after the denial of the moton
attend, the court or judge issuing pending was obtained. but the remaining time should not be less
the subpoena, upon proof of the than 5 days.
service thereof and of the failure of Mao niatonggiingonganiha. (Look at
the witness, may issue a warrant to discussion in sec 4). Supreme
the sheriff of the province, or his judangmuhatagug authority if the RULE 23
deputy, to arrest the witness and prisoner has been sentenced to life
bring him before the court or officer sentence, reclusion perpetua or death. DEPOSITIONS PENDING ACTIONS
where his attendance is required,
and the cost of such warrant and RULE 22 Section 1. Depositions pending action,
seizure of such witness shall be paid when may be taken.
by the witness if the court issuing it COMPUTATION OF TIME
shall determine that his failure to By leave of court after jurisdiction
answer the subpoena was willful and Section 1. How to compute time. has been obtained over any
without just excuse. In computing any period of time defendant or over property which is
prescribed or allowed by these the subject of the action, or without
Kung diliganisiyamutunga despite the Rules, or by order of the court, or by such leave after an answer has been
issuance of the subpoena he can be any applicable statute, the day of served, the testimony of any person,
arrested. the act or event from which the whether a party or not, may be
designated period of time begins to taken, at the instance of any party,
Sec. 9. Contempt. run is to be excluded and the date of by deposition upon oral examination
Failure by any person without performance included. If the last day or written interrogatories. The
adequate cause to obey a subpoena of the period, as thus computed, attendance of witnesses may be
served upon him shall be deemed a falls on a Saturday, a Sunday, or a compelled by the use of a subpoena
contempt of the court from which legal holiday in the place where the as provided in Rule 21. Depositions
the subpoena is issued. If the court sits, the time shall not run shall be taken only in accordance
subpoena was not issued by a court, until the next working day. with these Rules. The deposition of a
Page | 94
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

person confined in prison may be Naapudnicross examination. Mura Any matter as long as they are not privilege and
taken only by leave of court on such pudnixagga presenter kag witness sa as long as they are relevant to the subject matter
terms as the court prescribes. trial. If the adverse party minds to and not prohibited by the court.
conduct cross examination.
Rule 23 up to rule 28 are modes of As we have sadiang deposition is an advance
discovery. These are all about Modes of If human naang pre-trial can the party be testimony just in case the witness will not be
Discovery. So Section 1 this is all about still allowed to secured deposition of the available at the tme the case is called to trail.
Deposition pending action, meaning witness? YES. Pajarillaga vs. Ca
there is already a case filed. October 31, 2008. There is no Question: What will happen if the case is called
prohibition exsit against the taking of the for trial and the witness is available?
deposition after pre-trial .in another case Unsaonnaman to iyang testimony nganakuha
Now there are 2 kinds of deposition. during the taking of the deposition?
Deposition could be oral examination or of San Luis vs. Roxas. March 3, 2008.
A non-resident corporation can be Answer: when the witness is available for trial he
written interrogatories but the usual should testify. If he is not allowed to testify and
depositionis oral examination. You know allowed to have ALL its witnesses all of
whom are foreigners to have a deposition the party would just present his deposition, it
kaning deposition simple ran a xa. Aron shall be considered as HEARSEY and
ma sayonninyoug sabot, this is a upon written interrogatories taken
outside of the Philippines to prove an oral INADMISSIBLE in evidence.
presentation of the testimony of witness
in advance. Ngano man? Kay nanagana n contract in order to avoid further delay.
Question: does it mean that his deposition would
aka daankay basin angimong witness dili have no use at all?
nan a ka-abot during trial kay basin Taking of deposition is not
inigtawagnyasakasoinig trial 6 feet below mandatory. But it is encourage by the Answer is sec 4
the ground nasiya ay court.
usanalangkawatiwalamupirma, Sec. 4. Use of depositions.
amoylupana and you believe that his What are the benefits in having depositon? The
testimony is important. So mag pa taking of deposition is useful asserting the truth At the trial or upon the hearing of a
abotpaka?Dilinakay basin dilinanimosiya and preventing perjury.Fortune Corp vs. CA motion or an interlocutory
ma abtan. January 19, 1994.Republic proceeding, any part or all of a
vsSandiganBayan Nov. 21, 1991. deposition, so far as admissible
It is not necessary that the court acquires under the rules of evidence, may be
jurisdiction over all defendants it is Sec. 2. Scope of examination. used against any party who was
sufficient that the court acquires Unless otherwise ordered by the present or represented at the taking
jurisdiction over any of the defendants court as provided by section 16 or of the deposition or who had due
orover the property. You file leave of 18 of this Rule, the deponent may be notice thereof, in accordance with
court if the defendant to which the court examined regarding any matter, not any one of the following provisions:
has acquired jurisdictionhas not yet filed privileged, which is relevant to the
an answer. Kung wa pa maka file ug subject of the pending action, (a) Any deposition may be used by
answer. Sa ato pa kungna summons whether relating to the claim or any party for the purpose of
naperowla pa nka file ug answer so you defense of any other party, including contradicting or impeaching the
file leave of court. Kung naka file naug the existence, description, nature, testimony of deponent as a
answer and you want deposition to be custody, condition, and location of witness;
taken leave of court is not necessary. any books, documents, or other
tangible things and the identity and If a deponent will eventually testify his deposition
Ang subject saimong deposition could be location of persons having will be used to impeach his testimony. so if
a party himself to the case or any person knowledge of relevant facts. lahiganiangiyanggisultisa deposition saiyang
who could be your witness to the case. actual testimony najud during trial. Katon
deposition gamiton to so that the court will not
believe him anymore.So if inconsistent gani
Page | 95
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

possible to ngagamitonang deposition in order to subpoena; or (5) upon Substitution of parties does not
impeach him as a witness.Ngano possible man? application and notice, that affect the right to use depositions
Because when he made the deposition he was such exceptional circumstances previously taken; and, when an
under oath. exist as to make it desirable, in action has been dismissed and
(b) The deposition of a party or of the interest of justice and with another action involving the same
any one who at the time of due regard to the importance of subject is afterward brought
taking the deposition was an presenting the testimony of between the same parties or their
officer, director, or managing witnesses orally in open court, representatives or successors in
agent of a public or private to allow the deposition to be interest, all depositions lawfully
corporation, partnership, or used; and taken and duly filed in the former
association which is a party may action may be used in the latter as if
be used by an adverse party for These are the reasons which necessitates the use originally taken therefor.
any purpose; of deposition. But whne the witness is available
he should testify. Sec. 6. Objections to admissibility.
Kung siya party mismoanggikuhaanug deposition. Subject to the provisions of section
His deposition could not only be used to impeach 29 of this Rule, objection may be
The testimony of the deposition can be used by made at the trial or hearing to
his testimony but could also be used by the other any party for any purpose.
party as evidence for his case. You can call to the receiving in evidence any deposition
witness stand your opponent as your witness. or part thereof for any reason which
Although you are taking a risk because he is an Take note: (2) that the witness resides at a would require the exclusion of the
adverse party you cannot expect that his distance more than one hundred (100) evidence if the witness were then
testimony will be favorable to you. Under the kilometers from the place of trial or present and testifying.
rules of evidence you may ask leading questions. hearing, or is out of the Philippines, unless
Pero if ordinary witness ragani just like letter (a) it appears that his absence was procured During the taking of the deposition the adverse
you can only impeach him as a witness. But by the party offering the deposition party is notified and duting the actual taking of
kungkini under letter (b) you can impeach him deposition he could raise his objection but the
and at the same time use him as your witness. If ang witness gikuhaansiyaug deposition kay mu officer taking the deposition cannot rule on his
abroad na.nyawala man siyanadayonug abroad. objection. The objections will just be noted and it
So ni-ingonkalakawnadayonnalanguglarga, will be the court who will rule on the objections.
(c) The deposition of a witness,
whether or not a party, may be akoypletenimoaronlanggyud ma gamitangiyang
deposition. Pwede ban a?no because his absence Sec. 7. Effect of taking depositions.
used by any party for any A party shall not be deemed to make
purpose if the court finds: (1) was procured by the party in bad faith.
a person his own witness for any
that the witness is dead; or (2) purpose by taking his deposition.
that the witness resides at a (d) If only part of a deposition is
distance more than one offered in evidence by a party, the If you take deposition upon this person it
hundred (100) kilometers from adverse party may require him to does not mean that you really want him
the place of trial or hearing, or introduce all of it which is relevant to be your witness. It does not follow
is out of the Philippines, unless to the part introduced, and any
it appears that his absence was party may introduce any other parts.
procured by the party offering Sec. 8. Effect of using depositions.
the deposition; or (3) that the Take note:that deposition will not be only useful The introduction in evidence of the
witness is unable to attend or during the trail but it could be also useful during deposition or any part thereof for
testify because of age, a hearing of a motion or an interlocutory any purpose other than that of
sickness, infirmity, or proceeding. contradicting or impeaching the
imprisonment; or (4) that the deponent makes the deponent the
party offering the deposition Sec. 5. Effect of substitution of parties. witness of the party introducing the
has been unable to procure the deposition, but this shall not apply
attendance of the witness by
Page | 96
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

to the use by an adverse party of a What about if the deponent is in a foreign If the parties so stipulate in writing,
deposition as described in country? Sec 11 ng answer. depositions may be taken before any
paragraph (b) of section 4 of this person authorized to administer
Rule. What if walay consular office or embassy anang oaths, at any time or place, in
lugara? The courts will be constrained to seek accordance with these Rules, and
Mere use of depostition of the witness to assistance from the courts of that place. Mao ni when so taken may be used like
impeach his testimony does not make ang gitawag nga letters rogatory. other depositions.
him your witness.
Sec. 12. Commission or letters rogatory. Aside from notary public authorized to take
Sec. 9. Rebutting deposition. A commission or letters rogatory oaths, the mayor is also auhtorized to take oaths.
At the trial or hearing, any party shall be issued only when necessary If the parties agreed then it is allowed.
may rebut any relevant evidence or convenient, on application and
contained in a deposition whether notice, and on such terms and with Sec. 15. Deposition upon oral examination;
introduced by him or by any other such direction as are just and notice; time and place.
party. appropriate. Officers may be A party desiring to take the
designated in notices or deposition of any person upon oral
Bisan pa kung ikay nag pakuha anang depostion commissions either by name or examination shall give reasonable
you are allowed to rebut. Lahi sa rules on descriptive title and letters rogatory notice in writing to every other party
evidence kay ma bound man ka sa testimony sa may be addressed to the appropriate to the action. The notice shall state
imong witness. Pero diri sa depostion kay you are judicial authority in the foreign the time and place for taking the
allowed to rebut. country. deposition and the name and
address of each person to be
Sec. 10. Persons before whom depositions This is a mere request. Ang iyaha ra jud bayad examined, if known, and if the name
may be taken within the Philippines. ani, is that there is a similar circumstance is ma is not known, a general description
Within the Philippines, depositions reciprocated ang request. If dili sila musugot sufficient to identify him or the
may be taken before any judge, didto aw.. nah.. wala kay mahimo because this is particular class or group to which he
notary public, or the person referred a mere request. belongs. On motion of any party
to in section 14 hereof. upon whom the notice is served, the
What is Commission- is authorized in a country to court may for cause shown enlarge
Meaning any person who can administer oath as take depostion. Mao ni siay ang authoority nga or shorten the time.
agreed by the parties. ihatag sa consul or embassy to take depostion.
This is oral examination. Mura ranig nag conduct
Sec. 13. Disqualification by interest. og direct examination.
Sec. 11. Persons before whom depositions No deposition shall be taken before
may be taken in foreign countries. a person who is a relative within the
In a foreign state or country, sixth degree of consanguinity or RULE 23
depositions may be taken (a) on affinity, or employee or counsel of Depositions Pending Actions
notice before a secretary of embassy any of the parties; or who is a Rule 23 Sec. 16 these are the limitations on
or legation, consul general, consul, relative within the same degree, or the conduct depositions
vice-consul, or consular agent of the employee of such counsel; or who is
Republic of the Philippines; (b) financially interested in the action. SEC. 16. Orders for the protection of parties
before such person or officer as may and deponents.—After notice is served for
be appointed by commission or No just anybody can be a deposition officer. Look taking a deposition by oral examination, upon
under letters rogatory; or (c) the at the disqualifications. motion seasonably made by any party or by the
person referred to in section 14 person to be examined and for good cause
hereof. Sec. 14. Stipulations regarding taking of shown, the court in which the action is pending
depositions. may make an order that the deposition shall not
be taken, or that it may be taken only at some
Page | 97
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

designated place other than that stated in the under his direction and in his presence, record irregularity, if the deponent believe that he is
notice, or that it may be taken only on written the testimony of the witness. The testimony shall being harassed it can seek remedy from the
interrogatories, or that certain matters shall not be taken stenographically unless the parties court where the case is pending or from the rtc
be inquired into, or that the scope of the agree otherwise. All objections made at the time where the case is pending. He can ask that the
examination shall be held with no one present of the examination to the qualifications of the taking of the deposition be stopped or the scope
except the parties to the action and their officers officer taking the deposition, or to the manner of of the taking of the deposition be limited, that
or counsel, or that after being sealed the taking it, or to the evidence presented, or to the particular topic will not be taken up.
deposition shall b opened only by order of the conduct of any party, and any other objection to
court, or that secret processes developments, or the proceedings, shall be noted by the officer SEC. 19. Submission to witness; changes;
research need not be disclosed, or that the upon the deposition. Evidence objected to shall signing.—When the testimony is fully
parties shall simultaneously filed specified be taken subject to the objections. In lieu of transcribed, the deposition shall be submitted to
documents or information enclosed in sealed participating in the oral examination, parties the witness for examination and shall be read to
envelope to be opened as directed by the court; served with notice of taking a deposition may or by him, unless such examination and reading
or the court may make any other order which transmit written interrogatories to the officers, are waived by the witness and by the parties.
justice requires to protect the party or witness who shall propound them to the witness and Any changes in form or substance which the
from annoyance, embarrassment, or oppression. record the answersverbatim. witness desires to make shall be entered upon
the deposition by the officer with a statement of
Again these are the limitations that the court SEC. 18. Motion to terminate or limit the reasons given by the witness for making
may give upon motion by any party. examination.—At any time during the taking of them. The deposition shall then be signed by the
Sec. 17, the taking of the depositions shall be the deposition, on motion or petition of any party witness, unless the parties by stipulation waive
recorded and the witness shall be put under oath. or of the deponent and upon a showing that the the signing or the witness is ill or cannot be
Aron sayon raninyo pag huna2x, kanang examination is being conducted in bad faith or in found or refuses to sign. If the deposition is not
deposition pareho ra gyud na ug naa sa korte. such manner, as unreasonably to annoy, signed by the witness, the officer shall sign it and
Deposition is the hearing in advance, that is the embarrass, or oppress the deponent or party, the state on the record the fact of the waiver or of
taking of the testimony of the witness in advance court in which the action is pending or the the illness or absence of the witness or the fact
of the hearing. Mao ragyudna. The advserse Regional Trial Court of the place where the of the refusal to sign together with the reason
party shall be given the opportunity to cross deposition is being taken may order the officer given therefor, if any, and the deposition may
examine and the other party to object. conducting the examination to cease forthwith then be used as fully as though signed, unless on
Parehoragyudnasa actual hearing, the only from taking the deposition, or may limit the a motion to suppress under section 29 (f) of this
difference is that the deposition officer scope and manner of the taking of the Rule, the court holds that the reasons given for
CANNOT RULE ON THE OBJECTION. The deposition, as provided in section 16 of this Rule. the refusal to sign require rejection Of the
deposition officer shall just note or shall just put If the order made terminates the examination, it deposition in whole or in part.
on record the objections. So for example shall be resumed thereafter only upon the order
niingonang adverse counsel, “OBJECTION YOUR of the court in which the action is pending. Upon After the taking of the deposition, the taking of
HONOR, HEARSAY”, demand of the objecting party or deponent, the the notes shall be transcribe. Stenographic mana
kanangsakortemuingonmanang judge, okay taking of the deposition shall be suspended for so di ta kabasaana, so i.transcribe and the same
overruled or sustained, perodidtosadepositondili. the time necessary to make a notice for an order. shall be submitted to the witness or read kung
Muingon ran a siya, objection, noted. In granting or refusing such order, the court may tan.aw niya mao ba gyud na siya ang iyang
Then who will rule on the objection. The objection impose upon either party or upon the witness the gipang-testigos, unless iyagi waive. Thereafter,
shall be ruled by the court later on when the requirement to pay such costs or expenses as he shall sign the stenographic notes, by affixing
copy of the deposition shall be transmitted to the the court may deem reasonable. his signature to the stenographic notes, that
court and it will be the judge who will rule in the means he affirms, he certifies to the correctness
objection. That is if the taking of depositions has of the taking. If he wants to make changes, if he
irregularity. Angnakadeperensiya man gudani, thinks there are inaccuracies he can make
SEC. 17. Record of examination; oath; kun didto pa nisakorte kung dunapani harass2x corrections or changes.
objections.—The officer before whom the pwedemanii-cite ug contempt sa court or sa SEC. 20. Certification and filing by officer.—
deposition is to be taken shall put the witness or judge and problemaanikaydilimanisiya judge, The officer shall certify on the deposition that the
oath and shall personally, or by some one acting deposition officer ra man nisiya, if there is witness was duly sworn to by him and that the
Page | 98
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

deposition is a true record of the testimony given expenses of the counsel. Just imagine Mao rapudnasiyasa written interrogatories. So
by the witness. He shall then securely seal the kungtoadidtosaprobinsiya, for example, Cebu the party who wants to take the deposition shall
deposition in an envelope indorsed with the title base unyapa.adtounkas Davao, prepare questions that would be asked to the
of the action and marked “Deposition of (here pa.reimbursonkasagasto, pila nana. So di witness and the witness shall answer the
insert the name of witness)” and shall promptly gyudnamaayongmagsigeug absent. questions also in writing. Then what about the
file it with the court in which the action is Ugkanangsagadsamgaabugadongacgeg absent, adverse party, is it not a deprivation of the right
pending or send it by registered mail to the clerk kato sad to confront the witness? The answer is NO bec he
thereof for filing. nangpala.absentsaklasenyanaswertehansa bar. is also given the chance to make a CROSS-
[hahaha] INTERROGATORIES. Mura rapudnasiyaug cross
SEC. 21. Notice of filing.—The officer taking If the party requested for the taking of the examination so you cannot say you are deprived
the deposition shall give prompt notice of its deposition, failed to give notice to the of the right to confront the witness. That is the
filing to all the parties. witness/deponent, iyanggipahibawangpikasna ruling of the Supreme Court in the case of San
nay taking sa deposition unyadiay to wadidtoang Luis vs. Rojas- 3/3/2008.
The deposition officer shall give notice to the witness kaywa man kahibaw, so dilimadayun, CASE SUMMARY :Bec the adverse party here
parties that he has filed the transcript to the maogihapon, penalty, the same sa Sec. 23. complained that he was deprived of his right to
court, then upon payment, the deposition officer cross examine. According to SC, No because you
shall furnish any party or to the deponent… Sec SEC. 24. Failure of party giving notice to are given the opportunity to make your cross-
22 gisumpayniya serve subpoena.— If the party giving the interrogatories.
Sec. 22 Furnishing copies.--Upon payment of notice of the taking of a deposition of a witness Now what is the advantage of written
reasonable charges therefor, the officer shall fails to serve a subpoena upon him and the interrogatories over oral deposition? Kaning
furnish a copy of the deposition to any party or to witness because of such failure does not attend, written interrogatories mas ekonomiyani, mas
the deponent. and if another party attends in person or by makasavekag money anibec the parties asking
counsel because he expects the deposition of the questions need not go there angiya rang
that witness to be taken, the court may order the buhaton, magpadalarasiya kung kinsa may
SEC. 23. Failure to attend of party giving party giving the notice to pay to such other party deposition officer, angiyang questions iya rang
notice.—If the party giving the notice of the the amount of the reasonable expenses incurred ihatagsa deposition officer unyaang deposition
taking of a deposition fails to attend and proceed by him and his counsel in so attending including officer mao ray mangutana. Just imagine kung
therewith and another attends in person or by reasonable attorney’s fees. angimong witness/deponent toasa abroad,
counsel pursuant to the notice, the court may pananglitansa New York, Ikawna party muadtoka
order the party giving the notice to pay such This is the other kind of deposition. There are and counsel muadtopud in order to conduct oral
other party the amount of the reasonable two kinds of deposition; ORAL OR WRITTEN deposition dako kayo kaggasto. Whereas
expenses incurred by him and his counsel in so INTERROGATORIES. Now, WRITTEN makapointlangkaug deposition officer
attending including reasonable attorney’s fees. INTERROGATORIES, by its name, the ngatagadidtounyaimongmga questions
interrogatories are in writing, unsa may ipadalalangniyaunyasiya nay mangutanadidtosa
ipangutanasa witness in writing naunya the deponent, dakong savings diba. Mao
Sec. 23, this is the section where katong person answer also of the witness shall be in writing. By nasiyaygamitsa written interrogatories. The
ga.request for deposition dilimutungaunyakatong the way nay bag.ong rule karunmu.take effect adverse party can also ask cross interrogatories
adverse party mutunga. Nakagastogyud to karung January 2013, angmga witnesses, and the answer shall also be in writing.
siyaugplete, unyakungnagdala to siyaugabugado, kananggitawagug JUDICIAL AFFIDAVIT, angmga Kaning deposition dili kayo ta familiar ani, nganu
nakagasto to siya, di man to witnesses dilinapatestigusondirisa MTC, first level man
mu.andarangkotsesaabugado kun wa to courts ug oral in the form of questions and kaytagsaramangabugadomugamitani.Nganutags
siyaybayad pang gasolina. So unsa may answers sa direct examination. Kani.adtogud, araman? Ganahan sad angabugado magbalik2x
buhatonana? The party requesting the deposition ing.naon pa man “MR. WITNESS SOMETIME XXX didtosakorte, unya kana ganing us aka direct
maybe ordered by the court to WHERE WERE YOU” answer sa witness “I WAS AT examination ganahansiyana hasta
reimburse.Parehorapuddidtosakorte, XXX” “WHAT WERE YOU DOING AT THAT ka.upatbalik.balikon. Diliganahanmahumandayun
angimongkaso, gpaset for hearing TIME”?,karundilina. The counsel offering the in one setting nganu man, parana pay kobra esp.
unyawamadayunang hearing tungodkay absent witness shall reduce the direct examination into if good paying ang client [heehehe joke].
ka, you maybe required to reimburse the questions and answers into writing.
Page | 99
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Whereas in deposition, kausara man na di is filed, the officer taking it shall promptly give deposition, unless the ground of the objection is
manani mu balikon, humanon man gydnanimo. notice thereof to all the parties, and may furnish one which might have been obviated or removed
SEC. 25. Deposition upon written copies to them or to the deponent upon payment if presented at that time.
interrogatories; service of notice and of of reasonable charges therefor. (d) As to oral examination and other
interrogatories.—A party desiring to take the particulars.—Errors and irregularities occurring at
deposition of any person upon written SEC. 28. Orders for the protection of parties the oral examination in the manner of taking the
interrogatories shall serve them upon every and deponents.—After the service of the deposition, in the form of the questions or
other party with a notice stating the name and interrogatories and prior to the taking of the answers, in the oath or affirmation, or in the
address of the person who is to answer them and testimony of the deponent, the court in which the conduct of the parties and errors of any kind
the name of descriptive title and address of the action is pending, on motion promptly made by a which might be obviated, removed, or cured if
officer before whom the deposition is to be party or a deponent, and for good cause shown, promptly prosecuted, are waived unless
taken. Within ten (10) days thereafter, a party so may make any order specified in sections 15, 16 reasonable objection thereto is made at the
served may serve cross-interrogatories upon the and 18 of this Rule which is appropriate and just taking of the deposition.
party proposing to take the deposition. Within or an order that the deposition shall not be taken (e) As to form of written interrogatories.—
five (5) days thereafter, the latter may serve re- before the officer designated in the notice or that Objections to the form of written interrogatories
direct interrogatories upon a party who has it shall not be taken except upon oral submitted under sections 25 and 26 of this Rule
served cross-interrogatories. Within three (3) examination. are waived unless served in writing upon the
days after being served with re-direct party propounding them within the time allowed
interrogatories, a party may serve recross- Mao niakonggisultiganiha,mga limitations ni. Or for serving succeeding cross or other
interrogatories upon the party proposing to take the court also, even if the party the requesting interrogatories and within three (3) days after
the deposition. party wanted the taking of written service of the last interrogatories authorized.
interrogaroties, the court upon justifiable reasons (f) As to manner of preparation.—Errors
SEC. 26. Officers to take responses and may order that it shall be by oral deposition. So and irregularities in the manner in which the
prepare record.—A copy of the notice and that is within the discretion of the court. O, you testimony is transcribed or the deposition is
copies of all interrogatories served shall be look at the last phrase…Vice versa, maopudsa prepared, signed, certified, sealed, indorsed,
delivered by the party taking the deposition to oral deposition, if the requesting party wants the transmitted, filed, or otherwise dealt with by the
the officer designated in the notice, who shall taking of the deposition to be taken orally, for officer under sections 17, 19, 20 and 26 of this
proceed promptly, in the manner provided by justifiable reasons, the court may order that it Rule are waived unless a motion to suppress the
sections 17, 19 and 20 of this Rule, to take the shall be through written interrogatories. deposition or some part thereof is made with
testimony of the witness in response to the reasonable promptness after such defect is, or
interrogatories and to prepare, certify, and filed SEC. 29. Effect of errors and irregularities with due diligence might have been, ascert
or mail the deposition, attaching thereto the in depositions.—
copy of the notice and the interrogatories (a) As to notice.—All errors and
received by him. irregularities in the notice for taking a deposition If there are errors or irregularities in the taking of
are waived unless written objection is promptly the deposition, what will happen? Now if there
Unyaunsa may coverage sa written served upon the party giving the notice. are errors and irregularities, if there are no
interrogatories. Aw parehorapudsa oral (b) As to disqualification of officer.— objections, most of these errors and irregularities
deposition. Katongmga limitations under sec. 16 Objection to taking a deposition because of shall be deemed waived, okay look at
maoragihapontoh, the same limitations maybe disqualification of the officer before whom it is to letter a…as to notice if there are errors and
given by the court in the taking of written be taken is waived unless made before the irregularities for the taking of the notice and
interrogatories as well as the manner provided in taking of the deposition begins or as soon there is no objections, waived; as to the
sec 17, 19 and 20 thereafter as the disqualification becomes known disqualification of the officer taking, waived if
After the taking of the deposition, the deposition or could be discovered with reasonable diligence. there is no objection.
officer shall file the answer of the deposition of (c) As to competency or relevancy of However, THERE IS NO WAIVER, if there is
the witness in court and shall notify the parties evidence.—Objections to the competency of a objection as to the COMPETENCY OF THE
regarding the filing. witness or the competency, relevancy, or WITNESS, the same would not be
SEC. 27. Notice of filing and furnishing materiality of testimony are not waived by failure considered waived, as well as to the
copies.—When a deposition upon interrogatories to make them before or during the taking of the relevancy and materiality of the testimony,
Page | 100
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

even if there is no objection during the preparing, labina kung complicated and kaso, proposed testimony and his reasons for desiring
taking, the same is not considered waived. diliramannasayunpagpanguhaugebidensiya, so to perpetuate it; (d) the names or a description
That is the only one that cannot be waived. you are still in the process of securing the of the persons he expects will be adverse parties
Regarding the errors and irregularities occurring document, and you are concern of the witness and their addresses so far as known; and (e) the
in the in the examination, in the manner of especially if it is a vital witness, what are you names and addresses of the persons to be
taking, in the form of the questions, in the oath going to do. Now, RULE 24 is the remedy. You are examined and the substance of the testimony
or affirmation, in the conduct of the parties and going to file a petition for the taking of the which he expects to elicit from each, and shall
errors of any kind, which might be omitted, deposition, PETITION HA, NOT A MOTION. ask for an order authorizing the petitioner to take
removed or obscured, the same are waived.As to When you say a MOTION, timan.inininyo the depositions of the persons to be examined
the form of interrogatories, if there is no elementary kayo ni, that presupposes that named in the petition for the purpose of
objection, waived. As to the manner the there is already a case filed in court. So if perpetuating their testimony.
testimony is transcribed, subscribed, certified, there is already a case filed in court, you
the same would also be waived. already file a MOTION FOR THE TAKING OF SEC. 3. Notice and service.—The petitioner
So pananglitan, nay errors sapag transcribe sa ORAL DEPOSITION. But if there is no case shall serve a notice upon each person named in
testimony sa witness mahitabo man filed, you are going to file a PETITION FOR the petition as an expected adverse party,
gyudnamusahay especially if dili kayo expert and DEPOSITION. together with a copy of the petition, stating that
stenographer, dili kayo paspasang stenographer, the petitioner will apply to the court, at a time
dunaysayopsapag transcribe, sapagrecordniya, SECTION 1. Depositions before action; and place named therein, for the order described
so if dilinimu I called up iya attention and you will petition.—A person who desires to perpetuate in the petition. At least twenty (20) days before
not ask for correction then it maybe considered his own testimony or that of another person the date of the hearing, the court shall cause
waived. regarding any matter that may be cognizable in notice thereof to be served on the parties and
Mao pudnadidtosakorte, kinahanglanna, mag any court of the Philippines, may filed a verified prospective deponents in the manner provided
tan.aw judka from time to time you look at the petition in the court of the place of the residence for service of summons.
TSN. For example magpresentkag witness, of any expected adverse party.
dibakanang testimony sa witness, Lahi ni siya, petition naatong na.agi.an sa Rule
itranscribemana. You should from time to time Look at the venue “court of the place of the 14. Kay sa Rule 14, katongsa Rule 14, pagservesa
look at the TSN and look at if the same are residence of any expected adverse party”. summons, igorakamufilesaimong complaint, you
faithful recording of the testimony of the witness Muragsa barangay, adtokamufilesa kung diin nag are not allowed by the Rules to furnish a copy to
kay basin, dunaygisultididtosa witness material puyoangimongkontra, umaabotnakontra. your opponent, but here in Sec 24, if you file a
kayo saimongkasoperowala ma record. You cant By the way kaning deposition, RULE 23, 24, petition for the taking of the deposition, under
complain that on appeal. So THIS IS ONLY APPLICABLE TO CIVIL Sec 3 you are required to furnish a copy of the
imonanangtan.awondaanbec if not, waived. The CASES.Duna bay puparehosa deposition sa petition and to give notice, to the expected
same also with deposition, if you do not ask for criminal case? Duna pero toa didto sa CrimPro adverse party, together with a copy of the
corrections bec there are portions of the somewhere in Rule 115, didtos a criminal cases petition.
testimony of the witness which are omitted, then angtawagniyadili deposition kung dili Saato pa, there will be no summons, the court
the same is considered waived. CONDITIONAL EXAMINATION pero ang iyang will not issue any summons, but it will be the
epekto and iyanghitsurapupareharaug duty of the petitioner to furnish a copy of his
RULE 24 deposition. Advance gihaponsiya, advance giving petition to the adverse party. Then the court
Depositions Before Action or Pending of testimony but the procedures are more or less upon examination of the petition and the court is
Appeal different. satisfied by the reasons given, then it shall issue
SEC. 2. Contents of petition.—The petition an order for the perpetuation of the testimony in
What we have discussed, under Rule 23 is shall be entitled in the name of the petitioner order prevent the failure or delay of justice.
Deposition Pending Action. Question, before a and shall show: (a) that the petitioner expects to
case is filed, you are now intending to file a case, be a party to an action in a court of the SEC. 4. Order and examination.—If the court
and your witness is sick and he is already at a Philippines but is presently unable to bring it or is satisfied that the perpetuation of the
pre-departure area and you believe that he could cause it to be brought; (b) the subject matter of testimony may prevent a failure or delay of
no longer make it at the trial but the problem is the expected action and his interest therein; (c) justice, it shall make an order designating or
you have not yet filed any case, you are still the facts which he desires to establish by the describing the persons whose deposition may be
Page | 101
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

taken and specifying the subject matter of the And the court if it founds that the taking of the specified in section 1 of Rule 23, any party
examination and whether the depositions shall testimony, to avoid failure or delay of justice, it desiring to elicit material and relevant facts from
be taken upon oral examination or written may allow the taking of the deposition. any adverse parties shall file and serve upon the
interrogatories. The depositions may then be latter written interrogatories to be answered by
taken in accordance with Rule 23 before the SEC. 7. Depositions pending appeal.—If an the party served or, if the party served is a public
hearing. appeal has been taken from a judgment of a or private corporation or a partnership or
court, including the Court of Appeals in proper association, by any officer thereof competent to
SEC. 5. Reference to court.—For the purpose cases, or before the taking of an appeal if the testify in its behalf.
of applying Rule 23 to depositions for time therefor has not expired, the court in which
perpetuating testimony, each reference therein the judgment was rendered may allow the taking So when are you going to file? The same rule in
to the court in which the action is pending shall of depositions of witnesses to perpetuate their the taking of oral deposition. If there is no answer
be deemed to refer to the court in which the testimony for use in the event of further filed, then you have to ask for leave of court, if
petition for such deposition was filed. proceedings in the said court. In such case the answer has already been filed, no need to ask for
party who desires to perpetuate the testimony leave of court. [wa kayo
Then what would be the use of deposition, the may make a motion in the said court for leave to kokasabotunsaiyagi.mean, sowee]
same, … take the depositions, upon the same notice and
service thereof as if the action was pending SEC. 2. Answer to interrogatories.—The
SEC. 6. Use of deposition.—If a deposition to therein. The motion shall state (a) the names and interrogatories shall be answered fully in writing
perpetuate testimony is taken under this Rule, or addresses of the persons to be examined and the and shall be signed and sworn to by the person
if, although not so taken, it would be admissible substance of the testimony which he expects to making them. The party upon whom the
in evidence, it may be used in any action elicit from each; and (b) the reason for interrogatories have been served shall file and
involving the same subject matter subsequently perpetuating their testimony. If the court finds serve a copy of the answers on the party
brought in accordance with the provisions of that the perpetuation of the testimony is proper submitting the interrogatories within fifteen (15)
sections 4 and 5 of Rule 23. to avoid a failure or delay of justice, it may make days after service thereof, unless the court, on
an order allowing the depositions to be taken, motion and for good cause shown, extends or
We just said that there could be deposition before and thereupon the depositions may be taken and shortens the time.
the filing of the case under Rule 24. Also under used in the same manner and under the same Now, what is the effect to the defendant to whom
Rule 24, this Rule also provides that we could conditions as are prescribed in these Rules for written interrogatories, are served and the
take deposition pending appeal. Even if the depositions taken in pending actions. defendant will not answer them, will ignore it?
proceedings in a case has already been RULE 25 The defendant can be declared in default, or he
terminated, and that your case is already Interrogatories to Parties can be cited by the court for contempt.
pending appeal, you can ask that deposition be At one glace, you might say that this is a Now what is the effect if the defendant who
taken, okay, napildinakaunyaimonggi.apilar, repetition of what we have discussed. submitted written interrogatories to the plaintiff
while the case is pending, pwedekakapangayo, Under Rule 25, the and the plaintiff will not answer the written
ka file ug motion to take deposition. interrogatories submitted by the defendant. The
The you might ask, in what instance for example interrogatories here ARE LIMITED TO THE effect is that the complaint maybe dismissed by
that the taking of deposition would find PARTIES. Katongsa Rule 23 ug 24, applicable to the court or he can be cited for contempt.
importance? Nganumagkuha pa man ug siyasaparies and to any witness. Another, sa Rule Usbonnako ha, kaning written interrogatories,
deposition nahumannaman, didtosa appeal 23 ugsa Rule 24, deposition officer is required, dilipararanisa plaintiff, either parties.
wanamay trial. Nganu man?Dia ay. For example, dunay referee dunayhuwis, huwis. But under Rule
you found a newly discovered evidence, such as 25, dretsogyudnimoang question dretsodidtosa SEC. 3. Objections to interrogatories.—
witness, you believe that the witness is dying or parties. So maoniang Sec. 1. So the written Objections to any interrogatories may be
would not be available because he is going interrogatories, shall be send directly to the presented to the court within ten (10) days after
abroad, with no definite date of return. parties,mao nay usasamgakalainansa written service thereof, with notice as in case of a
Unsaonmananimo?If you ask for new trial, interrogatories naatonggidiscusssa Rule 23 ugsa motion; and answers shall be deferred until the
unsaonmananimopag pa testigosniya? You find Rule 24. objections are resolved, which shall be at as
the importance of Rule 24, you can file a motion, SECTION 1. Interrogatories to parties; early a time as is practicable.
to take deposition pending appeal. service thereof.—Under the same conditions
Page | 102
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

The other party may raise objections, against the What would be the effect if party failed to serve Admission by Adverse Party
written interrogatories if there are questions written interrogatories “ a party not served with We have learned that a defendant after receiving
objectionable. And these objections shall be written interrogatories may not be compelled by summons has to file his answer. Unya in his
presented to the court w/in 10 days after the adverse party to give testimony in open court answer he has to specifically deny the material
receiving the interrogatories. Pending the ruling/ or to give a deposition pending appeal. allegations in the complaint, and if the cause of
while waiting for the ruling of the court for his Kini man gung sa civil case, lahi man gudnisa action of the complaint is based on actionable
objections, the submission for his answer to the criminal. Akoronmukihanimo, inig trial ana, document, the actionable document must be
written interrogatories shall be held in abeyance pwede ka nako pagson nga patestiguson para denied under oath. If there is document in the
until the court shall resolve his objections. nako, sa criminal case dilimana, mukihakonimoug complaint for example that are denied by the
A party can serve only 1 set of written criminal, I cannot compel you to testify in my adverse party by the defendant, under Rule 26,
interrogatories, dilipwedeitagi-tagi or instalment, favour . Of course sa civil case kaykontra man ta the plaintiff is given another opportunity to
usalang unless there is leave of court. I cannot expect that you favorable testimony request from the defendant, to admit that the
SEC. 4. Number of interrogatories.—No party gikannimo, kontragud ta, peromakakuhako, kung document is genuine.
may, without leave of court, serve more than one siguradokonamakakuhaug favorable testimony
set of interrogatories to be answered by the gikannimo, SECTION 1. Request for admission.—At any
same party. pwedekomagpapugposnimonapalingkuronsa time after issues have been joined, a party may
witness stand. Unya kung mamakak ka ana kay file and serve upon any other party a written
ma contempt man ka. Lahisa criminal case bec request for the admission by the latter of the
Then another question, can this mode of an accused has the right not to take the witness genuineness of any material and relevant
discovery availed of by the party even if stand bec of his right to remain silent. document described in and exhibited with the
has availed already of deposition under Now connecting it dirisa Rule 25, a party not request or of the truth of any material and
Rule 23 & 24? YES bec the modes of served with written interrogatories may not be relevant matter of fact set forth in the request.
discoveries according to SC are cumulative compelled by the adverse party to give testimony Copies of the documents shall be delivered with
not alternative or mutually exclusive of in open court or to give a deposition pending the request unless copies have already been
each other. Pwedenimoi-avail tanankung appeal.- Sa ato pa kung ikaw akong gikiha civil, furnished.
gusto ka. wakoka serve nimoug written interrogatories, I
could not compel you to take the witness stand, Gawaslang kung kanang document actionable
SEC. 5. Scope and use of interrogatories.— even if I could expect a favorable testimony from document because an actionable document must
Interrogatories may relate to any matters that you. That is the effect if I fail to serve written be properly denied. So unsa may example
can be inquired into under section 2 of Rule 23, interrogatories. aninadokumentonadilisiya actionable document
and the answers may be used for the same Nganuingon man ani, nganuduna may silotang us pero gusto nimo, mu insist judka bah
purposes provided in section 4 of the same Rule. aka party nadili mu serve ug written naiadmitnaniya, for example demand letter.
interrogatories. In order to encourage the parties Demand letter is not an actionable document,
to avail of this mode of discovery.Kani man perosaiyang answer gi deny man sa defendant.
So what could be the use of the written gudmga mode of discovery, para man gud ni Or another, certification to file action,
interrogatories, ah the same… same with mapadali ang kaso, kung ang imong ebidensiya dilimanasiya actionable document, that is a proof
deposition. Any matter so long as not privilege na ana sa lamesa, kolokoy na jd ka kung musukol that the case has passed the
or prohibited by court. Purpose same gihapon. pa kana klaro na kang pildi. So unsa may KatarungangPambarangay, unyagi deny man
buhatonnimoklaro man judnawakaydag.anan, for sapikasunya gusto kanasa trial
SEC. 6. Effect of failure to serve written example karun promissory note, naa jud ng pirma dilinapa.presentunsaBrgy. Captain, etcetc etc. So
interrogatories.—Unless thereafter allowed by nimo, unya notarized pa, musukol pa kagkaso? mu insistjudka, unsaonmananimo? Ah
the court for good cause shown and to prevent a Unsa may buhatonnimo, compromise nalang, maoniimong remedy under Rule 26. You file and
failure of justice, a party not served with written settle nalang. Mao pdnadirisa modes of discovery serve a written request for the admission of a
interrogatories may not be compelled by the that is the purpose of the rules. document which is not actionable document. Now
adverse party to give testimony in open court, or Again, usbonnako, there is no deposition officer, the copy of the documents shall be attached to
to give a deposition pending appeal. you raise directly your question to the party the request .
…addressed to the adverse party, But of course
RULE 26 those matters that have already admitted dle na
Page | 103
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

e.admit pag.usab kadtong rang wla g.admit. unya Objections to any request for admission on the adverse party of material
mag careful ka ane. Why? Because if you file any admission shall be submitted to the court and relevant facts at issue which are, or
request for admission the request for admission by the party requested within the period for ought to be, within the personal knowledge
shall be serve to the party himself not to the and prior to the filing of the sworn of the latter, shall not be permitted to
counsel, exemption to the rule ni. Atong nhibw.an statement as contemplated in the present evidence on such facts.
nga kung dunay pleadings, motions nga imung preceding paragraph and his compliance Lets go now to Rule 27
efile sa court imung mn furnishan ang counsel therewith shall be deferred until such RULE 27
kung imu efurinish dretso sa client niya that is objections are resolved, which resolution Production or Inspection of Documents or
improper service pero dri exemption to the rule shall be made as early as practicable. Things
ni. Adto jud didto sa party. If you serve it to the JD: So any Objections to any request for Section 1. Motion for production or
lawyer, it is improper service for the request for the request shall be filed in court and pending inspection; order – Upon motion of any
admission. resolutions for his objections the submission of party showing good cause therefor, the
Asa mn ni nimu efile ang request for admission? his answer of the request shall also be court in which an action is pending may (a)
Adto ni nimu efile sa court unya furnishan nimu suspended. order any party to produce and permit the
ang pikas. When do file this? Under section 1. Then what would be the effect of the admission? inspection and copying or photographing,
At any time after issues have been joined. The effect of the admission shall be considered by or on behalf of the moving party, of any
Unya recal na sd ka. When can issues considered as judicial admission as far as that pending designated documents, papers, books,
joined? After the filing of the last pleading. action is concerned. It should be considered as accounts, letters, photographs, objects or
admission by him for the purpose of that action. contain evidence material to any matter
Section 2. Implied admission – Each of the Then an answer to a request for admission involved in the action and which are in his
matters of which an admission is requested properly served which was signed and sworn to possession, custody or control;
shall be deemed admitted unless, by the counsel of the parties who requested is So you can ask for the production of
JD: unless the adverse party to whom the request considered sufficient in compliance with the rule. documents. Kung gusto ka nga… this is similar to
was served shall file and served a sworn Naay decision gicite si Regalado. Kanang note #6 subpoena duces decum. If you believe that your
statement either denying specifically the matters ug #5, where the copy of the request for the opponent is hiding documents, if you believe that
of which the admission is requested or setting admission was served only upon the counsel of there are documents keep by your opponents
forth in detail the reasons why he cannot the party so requested, it was held that there is and this documents are favorable to you. You can
truthfully either admit or deny those matters. insufficient compliance with the rule 26. ask the court to issue an order directing him to
So kinahanglan imu nang tubagon. Unsa mn ka Section 3. Effect of the admission –Any produce these documents.
imu nang e.admit or kung wa kai tubag deened admission made by a party pursuant to Now as regards places or object
admitted. Unya kung d nimu e.admit you shall such request is for the purpose of the evidence, you can ask the court that these
specifically deny the matters or if you do not pending action only and shall not constitute evidence shall be inspected. As far as documents
specifically deny you state the reasons why he an admission by him for any other purpose is concerned you can ask that the same be
cannot truthfully either admit or deny those nor may the same be used against him in machine copy. Kung dunay mga pictures or
matters. any other proceeding. pananglitan letter or photographs nagtuo ka nga
within a period designated in the request, Section 4. Withdrawal. – The court may naay mga letters, pictures or photographs nga
which shall not be less than fifteen (15) allow the party making an admission under gi.tagoan sa imu kontra you can ask the court to
days after service thereof, or within such this Rule, whether express or implied, to produce. You can also ask the court to enter into
further time as the court may allow on withdraw or amend it upon such terms as a designated land or property in his possession or
motion, the party to whim the request is may be just. control for the purpose of inspecting, measuring,
directed files and serves upon the party What would be the effect of failure to served surveying, or taking picture of the property or
requesting the admission a sworn request for admission? The same effect. Section any designated.
statement either denying specifically the 5 Example: kaso boundary dispute. Wa mn
matters of which an admission is requested Section 5. Effect of failure to file and serve laing solution anang boundary dispute sukdon ra
or setting forth in detail the reasons why he request for admission – Unless otherwise mn jd nah. So ikw kihante nagtuo jd ka nga
cannot truthfully either admit or deny those allowed by the court for good cause shown kanang imung kontra nka.encroach you may
matters. and to prevent a failure of justice, a party avail of this rule. That you ask the court to allow
who fails to file and serve a request for
Page | 104
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

a surveyor or geodetic engineer to conduct a 3. The motion must designated the vehicular accident, so the court may upon motion
survey or relocation survey of the lot. documents, etc. to be produce or that the person concerned be subjected to
or (b) order any party to permit entry upon inspected physical examination.
designated land or other property in his 4. And those documents etc. should not So guardianship, ipa.examine nah cya
possession or control for the purpose of kung nagkunahanglan ba jd na cya kai d na cya
be privileged.
inspecting, measuring, surveying, or ka.atiman sa iyang ka.ugalingon.
5. Those documents constitute or
photographing the property or any Section 2, Order of examination. –
designated relevant object or operation contains material to any matter The order for examination may be made
thereon. involved in the action only upon motion for the good cause shown
The order shall specify the time, place and 6. And those documents etc are in the and upon notice to other party to be
manner of making the inspection and possession of the adverse party. examined and all other parties, specify the
taking copies and photographs, and may time, place, manner, conditions and scope
prescribe such terms and conditions as are You read the decision. of the examination and the person of
just. Lets go now to Rule 28. Another mode of persons by whom it is to be made.
We mention earlier that this mode of discovery. Now the order for examination may be
discovery under Rule 27 is similar to subpoena made only upon motion for the good cause
duces decum. Pero duna clay kalainan. This was RULE 28 shown and upon notice to other party to be
ask in the bar. Physical and Mental Examination of Persons examined and all other parties, specify the time,
So what are these distinctions? place, manner, conditions and scope of the
#1. Subpoena as what we have learned that is an This particular mode of discovery this can examination and the person of persons by whom
order to compelle the production of evidence be availed of if the physical or mental condition it is to be made.
whereas Rule 27 is a mode of discovery. of a person is involved in the controversy or in If the person or the party being examined
Another, Rule 21 is addressed to any person, the case. request for a result, katong g.examine mangau
whereas Rule 27 is addressed only to adverse You might ask, what particular case gani to cya ug result, kanang pagpangau niya sa
party not to any person. where the physical or mental condition of a result duna nay epekto. Unsay epekto ana? If the
Another distinction, Rule 21 can be applied ex person is involved in action. party examined, whether physically or mentally
parte, while Rule 27 requires notice to adverse So for example in a petition for ask for the result of the examination that was
party. guardianship, you file a petition for conducted he si therefore waiving or he can also
guardianship over the person of this ward kai be compelled by the adverse party to produce
You can observe that this mode of imuha kai tiguwang na cya kau, pero gani gd d the previous examination that he underwent prior
discovery under Rule 27 is more or less a fishing gd ka mufile uf petition for guardianship kung to the examination ordered by the court. So that
expedition. Wa pa gd ka khblao unsa iyang mga kana pobre, gnahn ka mu.atiman niya kai duna is Section 3.
document dha imu ra to cyang sort of mn kwarta, kabtangan. Or for example Section 3. Report of findings - If requested
speculation nga duna to cyang mga documents declaration for nullity of marriage, or annulment by the party examined, the party causing
nga gitagoan, so that is why you ask order of the of marriage I mean. For example g.grant on the the examination to be made shall deliver to
court to produce. ground of impotency, d ba physical defect mn him a copy of a detailed written report of
nah or on the ground of psychological incapacity the examining physician setting out his
So for further explanation, you read this it is something to do with the mental condition. findings and conclusions. After such
case of Solid Bank Corp. vs Gateway Section 1. When examination may be request and delivery, (JD: mao ni cyay epekto)
Electronics Corp (April 30, 2008). In this ordered - In an action in which the physical the party causing the examination to be
decision the court gives the requisite for this or mental condition of a person is in made shall be entitled upon request to
mode of discovery. controversy the court in which the action is receive from the party examined a like
So what are the requisites? pending may in its discretion order him to report of any examination, previously or
1. There must be a motion for the submit to a physical or mental examination thereafter made, of the same mental or
production. by a physician. physical condition.
2. Notice of the motion Another example is when you file a
petition for damages, because you were a So kung duna kai tago tagoon ayaw nlng
victim of a hit and run or you were a victim of a pangayo sa resulta sa imung exam kai kung
Page | 105
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

mangau ka that would be a waiver of a The proponent may thereafter apply to the refusal may be considered a contempt of
privileged. A privileged of physician – patient, proper court of the place where the that court.
you can be directed by the court, the party who deposition is being taken, for an order to
ask for the examination can have also the right compel an answer. If he is directed to do so or to answer he
to ask for the result for the previous examination JD: kung dunay deposition nga dle refuse despite order of the court he can be cited
or the examination thereafter. tubagon. for contempt of that court.

If the party examined refuses to deliver The same procedure may be availed of Sec. 3. Other consequences. - If any party
such report, the court on motion and notice when a party or a witness refuses to or an officer or managing agent of a party
may make an order requiring delivery on answer any interrogatory submitted under refuses to obey an order made under
such terms as are just, and if a physician Rules 23 or 25. section 1 of this Rule requiring him to
fails or refuses to make such a report the JD: he can be compelled by the answer designated questions, or an order
court may exclude his testimony if offered compelled by the court under Rule 27 to produce any document or
at the trial. other thing for inspection, copying, or
If the application is granted, the photographing or to permit it to be done, or
Section 4. Waiver of privilege. - By court shall require the refusing party or to permit entry upon land or other
requesting and obtaining a report of the deponent to answer the question or property, or an order made under Rule 28
examination so ordered or by taking the interrogatory and if it also finds that the requiring him to submit to a physical or
deposition of the examiner, the party refusal to answer was without substantial mental examination, the court may make
examined waives any privilege he may have justification, it may require the refusing such orders in regard to the refusal as are
in that action or any other involving the party or deponent or the counsel advising just, and among others the following:
same controversy, regarding the testimony the refusal, or both of them, to pay the
of every other person who has examined or proponent the amount of the reasonable JD: These are the other sanctions:
may thereafter examine him in respect of expenses incurred in obtaining the order,
the same mental or physical examination. including attorney’s fees. (JD: or he can also (a) An order that the matters
be cited for contempt). regarding which the questions
This has something to do with the were asked, or the character or
physician-patient privileged. If the application is denied and the description of the thing or land,
court finds that it was filed without or the contents of the paper, or
RULE 29 substantial justification, the court may the physical or mental condition
Refusal to Comply with Modes of Discovery require the proponent or the counsel of the party, or any other
advising the filing of the application, or designated facts shall be taken to
These are the effects of refusal to comply both of them, to pay to the refusing party be established for the purposes
with the different modes of discovery. Ato nmn or deponent the amount of the reasonable of the action in accordance with
2ng nadiscuss ang uban na mga epekto. Ang expenses incurred in opposing the the claim of the party obtaining
uban gi.repeat lng dri. application, including attorney’s fees. the order;
Now Section 1 what would be the effect
of refusal to answer? If the application is denied, bali pd. If the Sa ato pa if there is other request for
Section 1. Refusal to answer - If a party or application to compel the witness or deponent is admission and you did answer the same is
other deponent refuses to answer any denied the it would be the movant will also pay considered admitted or established.
question upon oral examination, the the refusing party.
examination may be completed on other (b) An order refusing to allow the
matters or adjourned as the proponent of Section 2. Contempt of court. - If a party or disobedient party to support or
the question may prefer. other witness refuses to be sworn or oppose designated claims or
JD: d ba katong deposition officer dle mn refuses to answer any question after being defenses or prohibiting him from
to cya ka rule sa objection. directed to do so by the court of the place introducing in evidence
in which the deposition is being taken, the designated documents or things
or items of testimony, or from
Page | 106
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

introducing evidence of physical under Rule 26 to admit the genuineness of Okay, those are the different modes of discovery
or mental condition; any document or the truth of any matter of and the consequences of not complying of those
fact, serves a sworn denial thereof modes.
Kato ni cyang refusal to comply order of the JD: meaning the request for admission being
court to undergo physical and mental denied but the party requesting was able to
condition. Kaning prohibiting him from prove thereafter despite denial he was able to RULE 30
introducing evidence kato ni cyang order to prove that the document is genuine the party
produce certain documents but he did not denying shall be required to pay or to reimburse Trial
produce. Aside from the possible contempt reasonable expenses incurred in making such
another consequence is that if that document proof, including attorney’s fees
is presented in court the same shall be Section 1. Notice of trial. - Upon entry of a
refuse. and if the party requesting the admissions case in the trial calendar, the clerk shall
thereafter proves the genuineness of such notify the parties of the date of its trial in
Ok look at letter c. mao ni cya sa usa ka document or the truth of any such matter of such manner as shall ensure his receipt of
grabeh nga epekto for refusal of the modes fact, he may apply to the court for an order that notice at least five (5) days before
of discovery. requiring the other party to pay him the such date.
(c) An order striking out pleadings or reasonable expenses incurred in making
parts thereof, or staying further such proof, including attorney’s fees. Sec. 2. Adjournments and postponements. -
proceedings until the order is Unless the court finds that there were good A court may adjourn a trial from day to day,
obeyed, or dismissing the action reasons for the denial or that admissions and to any stated time, as the expeditious
or proceeding or any part thereof, sought were of no substantial importance, and convenient transaction of business may
or rendering a judgment by such order shall be issued. require, but shall have no power to adjourn
default against the disobedient a trial for a longer period than one month
party; and for each adjournment, nor more than three
Sec. 5. Failure of party to attend or serve months in all, except when authorized in
For example: we have discussed answers. - If a party or an officer or writing by the Court Administrator,
interrogatories to parties. If the plaintiff makes managing agent of a party willfully fails to Supreme Court.
interrogatories to party to the defendant, the appear before the officer who is to take his
party defendant refuse to answer it can be deposition, after being served with a (Guys section 3 na lage drtso ang naa sko
declared in default and his answer may be proper notice, or fails to serve answers to recording kindly check nlng your notes)
stricken or deleted or excluded to the record and interrogatories submitted under Rule 25
judgment can be rendered against him. If it is the after proper service of such interrogatories, Sec. 3. Requisites of motion to postpone
plaintiff who refuse the case could be dismiss. the court on motion and notice, may strike trial for absence of evidence. - A motion to
out all or any part of any pleading of that postpone a trial on the ground of absence
(d) In lieu of any of the foregoing party, or dismiss the action or proceeding of evidence can be granted only upon
orders or in addition thereto, an or any part thereof, or enter a judgment by affidavit showing the materiality or
order directing the arrest of any default against that party, and in its relevancy of such evidence, and that due
party or agent of a party for discretion, order him to pay reasonable diligence has been used to procure it. But if
disobeying any of such orders expenses incurred by the other, including the adverse party admits the facts to be
except an order to submit to a attorney’s fees. given in evidence, even if he objects or
physical or mental examination. reserves the right to their admissibility, the
trial shall not be postponed.
He can be cited for contempt and the court can Section 6. Expenses against the Republic of
order his arrest, except to an order to submit to the Philippines. - Expenses and attorney’s Although sa practice na gyd, usually the
a physical or mental examination. fees are not to be imposed upon the court will not require you to submit an affidavit
Republic of the Philippines under this Rule. kung murequest ka ug postponement, you just
Section 4. Expenses on refusal to admit. - If give you reason why you ask for postponement
a party after being served with a request
Page | 107
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

and if the court finds that the same is justifiable nag gitawag ug evidence in chief for the 3rd party complaint. Then after that mu.entra ang
the court will grant your postponement. defendant. After the presentation of evidence for 3rd party defendant, dle sa mubalik sa plaintiff.
the defendant the plaintiff may present rebuttal. Paminawon sa ang defendant kai wa p mn cya
Dunay uban na magpataka ra ug Ang focus sa rebuttal is to refute the evidence nga present sa iyang evidence in chief.
pangayo ug resetting. Ang uban mangayo ug presented by the defense. So dle cya allowed Or ni present ug counterclaim. So
resetting kai nagconflict an gang scheds. So if present new evidence to established or an plaintiff, defendant denial nya duna pa jd cya
the court finds that the reason for postponement evidence that will established his cause of action. counterclaim. Unya mutubag or mupresent to cya
is unjustifiable then the court will deny the So katong evidence to established his cause of ug evidence sa counterclaim.
motion for postponement, and of course if it is action adto sa evidence in chief, during rebuttal Then the case shall be submitted for
your time to present evidence the same shall be the purpose to present evidence is to refute the decision.
considered waived. testimony or the evidence of the defense. Then Before the case is submitted for decision
after that the defendant may present sur- after the parties presented their evidence the
Kung pananglitan ang imung ground is rebuttal. Ang kanang rebuttal evidence pwd ra pd court may require them to submit memoranda.
illness sagab ana sakit tiyan ug labad ulo, some nah nga the same witnesses nga imung gpresent You will argue your case, for example you are the
courts would require a medical cert., unya ang during the evidence in chief. counsel for the plaintiff you argue your case why
uban mu produce mn pd ug medical cert kai For example sum of money, so knsa mn you should win the case over the defendant. You
dunay clay amigo nga doctor, mao nang Section ang witness ane? Ang plaintiff, mu.ingon cya nga cite the facts favorable to you or the law
4 makes a sworn certification, meaning it shall be kani cya nka.utang unya wa kabayad. Unya ang favorable to you and also the defendant will cite
under oath, or bsan dle under oath mu.submit witness defendant mu.ingon pd, tinuod nka.utang the facts or the law favorable to him. And the
lng ghapon bsan unsa ray buhaton nga reason. ko pro nakabayad nako dia ang resibo. So balik n court will render decision.
There are some courts that you have to pay 100 pd sa plaintiff, pangutan.on to cya sa counsel, Dunay uban na court although tagsa ra
pesos if you ask for a resetting if the sched when the defendant testify last hearing he told na mahitabo that the party will be require to
hearing has agreed upon you have to pay 100. the court that he had already paid the loan, what argue orally. Pareha btw atong sa impeachment,
can you say about that? Mu.ingon na sd ang after the parties presented their evidence there is
Section 4. Requisites of motion to postpone plaintiff that is not true. Then what is the truth? closing argument.
trial for illness of party or counsel. - A The truth is he has not paid any amount for his Then there could also be a reversed trial.
motion to postpone a trial on the ground of loan. What can you say about those documents Pareho ra pd ni sa criminal cases. Kahinumdum
illness of a party or counsel may be granted purportedly receipts? So he has to explain mu sa inyung criminal procedure that if the
if it appears upon affidavit or sworn nganung d to cya ma.consider nga bayad. So you accused will raised self-defense instead of the
certification that the presence of such party may say that those receipts the defendant prosecution having presented their evidence first,
or counsel at the trial is indispensable and presented where refer to his payments to his it would be in reverse. It will be the accused who
that the character of his illness is such as previous loans not to his loan which is the subject will present first. Why? Because by raising self-
to render his non-attendance excusable. to this case. So humana ang plaintiff ug testigos, defense or other justifying circumstance or
iya nang narefute, pwd pd mubalik tong exempting circumstance, the accuse has deemed
Section 5. Order of trial. defendant. It could be ang defendant mismo or admitted or he has admitted committing the act
pwd pd another witness to refute the testimony of killing for example. Iya na nang gi.angkon na
During pre-trial we have learned that the or evidence presented during rebuttal. Thereafter cya nkapatay although matud pa niya justified,
issues are agreed upon and the conduct of the the case is now submitted for decision. mao nang cyay mu.una ug present ug evidence
trial shall limit to the issues agreed upon. And Now, you notice that the parties to prove that the act is justified unya mubalos
what would be the order of the trial? Who will presented conflicting evidence. It is somehow, it ang prosecution, reverse. It could happen also in
present evidence first? Now usually mao jd ni cya is now the up to the court to weight which side civil cases. For example the defendant raise the
order the trial; plaintiff, defendant, plaintiff the court will favor. defense of payment so he has admitted the
rebuttal, defendant sur-rebuttal. So the plaintiff Now, in case dunay third party complaint allegation that he has obtained although
first should present his evidence, ug kanang first or counterclaim, okay plaintiff unya defendant according him the same has already paid. That’s
time nimu ug present sa imung evidence mao na e.include nlng pd to niya ug testify ang why there could be a reverse trial. But seldom ra
cya ang gitawag nga evidence in chief. Unya counterclaim, mupresent na pd cya ug evidence na cya mhitabo kai sometimes bsan naa defense,
after the presentation of evidence in chief of the sa iyang counter claim. Kung dunay cyay 3 rd part ni raise ug affirmative defense ang defendant
plaintiff, it follows the defendant mao pd daun complaint, iya na pd to cyang e.include ang iyang sagad sa mga corte mu.follow jud sa usual the
Page | 108
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

procedure, plaintiff then defendant, because submitted for decision, unless the court facts mn, now those allegations in a complaint
reverse trial is discretionary on the part of the directs the parties to argue or to submit that are denied by the defendant could be raise
court. Even if in criminal cases, it is not their respective memoranda or any further again or the plaintiff can request again the
mandatory nga ang accused j dang mag.una. pleadings. defendant during pre-trial to admit, d ba ako ta
That is still discretionary on the part of the court. mu gtaga.an ug sample unsaon, will the
Why? Because the accuse is presumed innocent If several defendants or third-party defendant admit that he obtain a loan from the
regardless of his defense, be it justifying or defendants, and so forth, having separate plaintiff? Because this is denied in the answer for
exempting he is presumed innocent. defenses appear by different counsel, the example, now this time during pre-trial if this is
court shall determine the relative order of admitted ah wa na that is resolved.
- Subject to the provisions of section 2 of presentation of their evidence.
Rule 31, and unless the court for special Unya another, unsa pa nang mga
reasons otherwise directs, the trial shall be allegations nga gdenied. If all the material
limited to the issues stated in the pre-trial Sec. 6. Agreed statement of facts. - The allegations are admitted or stipulated by the
order and shall proceed as follows: parties to any action may agree, in writing, parties during pre-trial, then the court now can
upon the facts involved in the litigation, rendered judgment. There is no need of hearing,
and submit the case for judgment on the kai kanang reception of evidence ipahigayon lng
(a) The plaintiff shall adduce facts agreed upon, without the introduction na kung duna pa mga issues to be resolved,
evidence in support of his complaint; of evidence. factual issues, im referring to the factual issues.
If the parties agree only on some of
(b) The defendant shall then Mao ni gtawag nato ug stipulation of the facts in issue, the trial shall be held as
adduce evidence in support of his defense, facts. Stipulation of facts could happen during to the disputed facts in such order as the
counterclaim, cross-claim and third-party pre-trial. It could also happen even during the court shall prescribe.
complaint; trial, they could agree, they could stipulate on
this certain facts, and if there is no more issues Unya magsabot ta daan ha, maghisgot
(c) The third-party defendant, if because of the stipulation of the parties then the gani ta ug evidence ang e.established ana facts
any, shall adduce evidence of his defense, court now can rendered judgment based on this gyd. There is no need to present evidence as
counterclaim, cross-claim and fourth-party facts admitted. regards the on the law or laws applicable to the
complaint; case, because the court can take judicial notice
Permiro ari sa answer. Complaint then on the laws. Instead of presenting evidence if the
(d) The fourth-party, and so forth, answer, kung ang answer gani gi.admit niya issues involved kung ang lalisan mao nlng ang
if any, shall adduce evidence of the kadtong material allegations didto sa plaintiff sa applicable laws possible mn na nga anha
material facts pleaded by them; complaint, ah wa nla judgment of the pleading na maglalis sa balaod, unsang balaora ang mu.apply
daun, decision na daun. Unya unsa mn ang kai naa mn usahay laglom mn ang provisions sa
(e) The parties against whom any basihan sa court sa pag render sa decision? balaod. Now, aron matabangan ang corte so mao
counterclaim or cross-claim has been Kadtong allegation sa pleading. Allegation sa nang the court may require to submit
pleaded, shall adduce evidence in support complaint, allegation sa answer. Mao nang memorandum. You argue that why is it that this
of their defense, in the order to be gitawag cya ug judgment on the pleading kai particular law shall be applicable. You argue that
prescribed by the court; magbase ra mn sa pleadings. Nganung why is it that that particular provision shall not be
mag.hearing p mn nga gi.admit nmn, unsa p mn applicable but the other provision. Dle ka
(f) The parties may then issues nga e.resolved. mupresent ug laing evidencya kung dle
respectively adduce rebutting evidence memorandum of arguments.
only, unless the court, for good reasons and Another, for example the material
in the furtherance of justice, permits them allegations in the complaint are denied, dunay So kung mu.ingon ka ug evidence, facts.
to adduce evidence upon their original mga material allegations nga deny sa answer. So Unsa mn ning mga facts? Whether nka.utang ba
case; and there are issues, there could be no judgment on o wa, that is a facts to be established. Nabayran
the pleading because there are issues. Now, ba o wa. Unsa nah question of law nah or
(g) Upon admission of the during pre-trial and one of the items during pre- question of facts? Question of facts, So ikw
evidence, the case shall be deemed trial as what you have learned is stipulation of plaintiff present ka ug evidence nga wa ka
Page | 109
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

mabayri. Unsa mn ka evidence imu e.present nga who will preside the hearing. However by way of
wa ka mabayre? Testimony, testimonial evidence. exception there are cases that reception of
Ikw defendant present ka ug evidence nga evidence may be delegated to the clerk of court.
nabayran. Unsa mn evidence imung e.present? Gi.ingnan ta mu sauna nga kanang clerk of court RULE 31
testimonial evidence or receipts kung way dle na ka2ng tig.type. dako kau na ug rank ang
receipts then testimonial evidence, you testify as clerk of court. Sunod na cya sa huwes gani ang Consolidation or Severance
to the date when you make a payment, who uban mas hawud pa sa huwes. So the reception
made the payment, who receive the payment. So of evidence may be delegated to then clerk of Do you remember when we discuss
these are facts. Dle ni cya balaod, facts. court who should be a lawyer, because if you are joinder of causes of action, that joinder of causes
not a lawyer you are disqualified to receive of action is merely permissive, it’s not mandatory.
So kung way issues sa facts, if there are evidence. So if the party for example the plaintiff have
no questions, way issues as to the facts, there several causes of action, 2 or more causes of
are no factual issues, then there is no need for In what instances that the reception of action he joint this 2 causes of action just in one
trial. evidence may be delegated to the clerk of court? complaint provided that the requisites are
For example judgment on the pleading, there is present. Now, if the plaintiff chooses to file
Reception of evidence is only required if default, if the defendant fails to answer the court separate complaints for these different causes of
there is the so called factual issue. will renders judgment based on the allegations of action then that would be allowed because
the complaint or allowed the plaintiff to present joinder of causes of action is merely permissive.
Sec. 7. Statement of judge. - During the the evidence ex parte. If the court requires the But there is another remedy, ang kana mn gud
hearing or trial of a case any statement plaintiff to present evidence ex parte, kai wa mn joinder of causes of action g.encourage na cya sa
made by the judge with reference to the kontra kai ex parte mn the reception of evidence g.allow na cya sa rules of court in order to avoid
case, or to any of the parties, witnesses or may be delegated to the clerk of court who must multiplicity if suits, aron d na madghan ang kaso.
counsel, shall be made of record in the be a lawyer.
stenographic notes. Now, there is another solution if ever the
Even if the parties have filed their plaintiff chooses to file separate complaints to his
Sec. 8. Suspension of actions. - The answer, full blown trial gyud. It could be also different causes of action, there is another
suspension of actions shall be governed by under Section 9, upon the agreement of the party remedy provided by rule 31 and that is
the provisions of the Civil Code. the reception of evidence be delegated to the CONSOLIDATION OF HEARING. So bsan ug lain2
clerk of court. Pananglitan tan.aw nila mas bright na ug file ang kaso pwd na cya dunganon ug
Sec. 9. Judge to receive evidence; neng clerk of court, o cge sabutan nila adto nlng hearing, e.consolidate. for example the file ni cya
delegation to clerk of court. - The judge of ta sa clerk of court kai kung anhe ta diri sa huwes sa diffent courts, 2ay branch 1, branch 2, branch
the court where the case is pending shall agui malangan mn ta, mag cge ra mn tah ug lalis 3, branch 4, branch 5, taga branches 2a cyay
personally receive the evidence to be dri, dle mn mu rule, adto ta sa clerk of court be. kaso pwd ra nga adto cya sa branch 1 for
adduced by the parties. However, in default Pro ang problema lng the clerk of court under this example, unya malipay mn pd nang uban judges
or ex parte hearings, and in any case where rule, section 9 cannot rule on the objection he didto, o cge adto ra nah didto. So mananghid s
the parties agree in writing, the court may will only note the objection and it will be the usa ka ca court sa judge dri, your honor there has
delegate the reception of evidence to its judge who will rule on the objection so with the several case involving the same parties we would
clerk of court who is a member of the bar. admission of exhibits it would be the court. Igo ra like to ask permission your honor that these
The clerk of court shall have no power to cyang mu note. cases will just be consolidated before this
rule on objections to any question or to the branch…
admission of exhibits, which objections For example mu object ka. Objection your
shall be resolved by the court upon honor, leading clerk of court noted if judge You ask permission for consolidation of cases.
submission of his report and the transcripts sustain. Although there is no rule, asa man i-consolidate?
within ten (10) days from termination of the Usually, kato lower docket number.
hearing. The power of the clerk of court is similar Beacsue when you file duna nah siyay assigened
to deposition officer. Remember deposition officer docket number. If the dicjet number is lower, that
Usually it should be the judge who does not have also the power to rule over emans mao nah siya ang first na-file. BUT, there
receives evidence. Meaning to say he is the one objections but merely note the objection. is no rule for that that. It could be in any
Page | 110
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

branches. Boundary dispute – ask assistance and to be Kani mga commissioner dili ra ni siya necessary
It is also available in criminal cases, especially if determined by Geodetic Engineer. kung trial ra. The referral of the case to the
the cases involve the same parties. Parties will agree for the payment. Either parties commissioner, this could also occurred even after
Advantage? equally share expenses or shall be paid by one the court has rendered decision. If there is
Pwede ra ka-usa ra ang mag testigos mu- party only. problem on the execution if the decision of the
appear. Dili magbalik-balik. “Section 1. Reference by consent. court.
The court also saves a lot f time. ← By written consent of both For example, in the case of partition, ingon court
If these cases are consolidated, there could only parties, the court may order any or in the decision, “The Court hereby rendered
be one decision. I-joint ra pud sa court. Ang court all of the issues in a case to be judgment that these parcels of land shall be
mu-render pud decision kada kaso, pero usa ra referred to a commissioner to be divided among the 9 heirs equally.” Wa man sa
na decision. So, taas-taas pud imong decision. agreed upon by the parties or to be decision if pila kadak-on kada usa. Ang hagnyo sa
“Section 1. Consolidation. appointed by the court. As used in plaintiffs kay bahinon raman ni. After the decision
← When actions involving a these Rules, the word has become final and in order to come out of the
common question of law or fact are "commissioner" includes a referee, decision to divide the properties equally and the
pending before the court, it may an auditor and an examiner.” court now may refer the subdivision of the
order a joint hearing or trial of any properties to a Geodetic Engineer. For carrying
or all the matters in issue in the “Sec. 2. Reference ordered on motion. judgment or order.
actions; it may order all the actions ← When the parties do not You notice that under Rule 32, the appointment
consolidated; and it may make such consent, the court may, upon the of commissioner here is discretionary in the part
orders concerning proceedings application of either or of its own of the court. Pero duna jud kaso na appointment
therein as may tend to avoid motion, direct a reference to a of commissioner(/s) is(/are) mandatory:
unnecessary costs or delay.” commissioner in the following cases: (1) Do you remember special civil action of
← partition? If a special civil action of partition is
“Sec. 2. Separate trials. ← (a) When the trial of an issue filed, under rule 69, appointment of
← The court, in furtherance of of fact requires the examination of a commissioner is mandatory.
convenience or to avoid prejudice, long account on either side, in which (2) Another, mandatory, in case of
may order a separate trial of any case the commissioner may be expropriation, under Rule 67.
claim, cross-claim, counterclaim, or directed to hear and report upon the “Sec. 3. Order of reference; powers of the
third-party complaint, or of any whole issue or any specific question commissioner.
separate issue or of any number of involved therein; ← When a reference is made,
claims, cross-claims, counterclaims, ← the clerk shall forthwith furnish the
third-party complaints or issues.” ← (b) When the taking of an commissioner with a copy of the
account is necessary for the order of reference. The order may
There could also be opposite to consolidation, information of the court before specify or limit the powers of the
that is separate trial. Causes of action are joint, judgment, or for carrying a judgment commissioner, and may direct him to
and if the court believes that there is need to or order into effect; report only upon particular issues,
separate, pwede sad. Pero tagsa ra ni mahitabo. ← or to do or perform particular acts,
Ang daghan, consolidation. ← (c) When a question of fact, or to receive and report evidence
There could also only one case filed pero dunay other than upon the pleadings, only, and may fix the date for
counterclaim. It could be the trial for arises upon motion or otherwise, in beginning and closing the hearings
counterclaim be separated. any stage of a case, or for carrying a and for the filing of his report.
judgment or order into effect.” Subject to the specifications and
RULE 32 limitations stated in the order, the
Trial by Commissioner Another example: Partition. And others (other commissioner has and shall exercise
There are instances in certain case nga there are heirs) will ask for accounting as to the income, the power to regulate the
factual issue to be resolved that are beyond the etc. Ask assistance or hire from an Accountant. proceedings in every hearing before
expertise of the court. The court will issue an order to refer that the him and to do all acts and take all
Example: case be tried by commissioner. measures necessary or proper for
Page | 111
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

the efficient performance of his Because necessarily during proceedings before him.”
duties under the order. He may issue conducted by the commissioner, the parties must
subpoenas and subpoenas duces be present or at least represented. Question: Since the court appointed a
tecum, swear witnesses, and unless If a party noticed that there is any irregularity, he commissioner to help it in making a decision,
otherwise provided in the order of should make an objection. should the court be bound by the report of the
reference, he may rule upon the “Sec. 6. Failure of parties to appear before commissioner? Should the court be compelled to
admissibility of evidence. The trial or commissioner. accept the report of the commissioner?
hearing before him shall proceed in ← If a party fails to appear at Answer: NO! The court has still the discretion to
all respects as it would if held before the time and place appointed, the accept or disregard the report of the
the court.” commissioner may proceed ex parte commissioner; either partially or entirely.
or, in his discretion, adjourn the “Sec. 10. Notice to parties of the filing of
The order for the appointment of commissioner, proceedings to a future day, giving report.
the court may give limits to the powers of the notice to the absent party or his ← Upon the filing of the report,
commissioner. counsel of the adjournment.” the parties shall be notified by the
Under section 3, second to the lasts sentence, clerk, and they shall be allowed ten
the commissioner during the conduct of trial or “Sec. 7. Refusal of witness. (l0) days within which to signify
reception of evidence, has the power to rule on ← The refusal of a witness to grounds of objections to the findings
admissibility of the evidence. obey a subpoena issued by the of the report, if they so desire.
The commissioner is more powerful than commissioner or to give evidence Objections to the report based upon
deposition officer, and clerk of court. Because the before him, shall be deemed a grounds which were available to the
deposition officer cannot rule on the admissibility contempt of the court which parties during the proceedings
of evidence. If there is any objection, the appointed the commissioner.” before the commissioner, other than
deposition officer would merely note the objections to the findings and
objection, so with the clerk of court. In contrast, “Sec. 8. Commissioner shall avoid delays. conclusions therein set forth, shall
the commissioner can rule on the admissibility of ← It is the duty of the not be considered by the court
evidence. commissioner to proceed with all unless they were made before the
Of course in the issuance of the order appointing reasonable diligence. Either party, commissioner.”
commissioner, the court would also set period to on notice to the parties and
which the trial by commissioner shall be held, commissioner, may apply to the “Sec. 11. Hearing upon report.
and the date of the submission of the report to court for an order requiring the ← Upon the expiration of the
the court. Pila ka adlaw? 15 days, or depende. commissioner to expedite the period of ten (l0) days referred to in
“Sec. 4. Oath of commissioner. proceedings and to make his the preceding section, the report
← Before entering upon his report.” shall be set for hearing, after which
duties the commissioner shall be the court shall issue an order
sworn to a faithful and honest “Sec. 9. Report of commissioner. adopting, modifying, or rejecting the
performance thereof.” ← Upon the completion of the report in whole or in part, or
trial or hearing or proceeding before recommitting it with instructions, or
“Sec. 5. Proceedings before commissioner. the commissioner, he shall file with requiring the parties to present
← Upon receipt of the order of the court his report in writing upon further evidence before the
reference and unless otherwise the matters submitted to him by the commissioner or the court.”
provided therein, the commissioner order of reference. When his powers
shall forthwith set a time and place are not specified or limited, he shall Pero usually, the court will accept the report. Kay
for the first meeting of the parties or set forth his findings of fact and maoy reason nga ngano ni-hire siya ug
their counsel to be held within ten conclusions of law in his report. He commissioner. Pero kung duna jud justifiable
(l0) days after the date of the order shall attach thereto all exhibits, reason na ngano iya i-disregard, then that is
of reference and shall notify the affidavits, depositions, papers and within the discretion of the court.
parties or their counsel.” the transcript, if any, of the “Sec. 12. Stipulations as to findings.
testimonial evidence presented ← When the parties stipulate
Page | 112
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

that a commissioner’s findings of order of dismissal is reversed he prosecution cannot file for an appeal.
fact shall be final, only questions of shall be deemed to have waived the ← Demurrer to evidence under Rule 33, requires
law shall thereafter be considered.” right to present evidence. motion from the defendant.

← If the parties have beforehand agree that the Demurrer to evidence is actually motion to Question: What is the remedy if the demurrer to
finding so of the commissioner shall be dismiss on the ground of insufficiency of evidence is denied?
considered final, then there shall be no evidence. But, use the term demurrer to Answer: Present evidence.
hearing anymore. And that all question of evidence.
law shall thereafter be considered. For example, the plaintiff has done presenting his Question: What is the remedy if demurrer to
evidence. The defendant, believing that there is evidence is granted? What is the remedy of the
Example: Boundary dispute. Pananglitan nag pre- no case against him, the defendant may file plaintiff?
trial ron, recovery of ownership or ejectment or demurer to evidence. Answer: File appeal. Because an order granting
forcible entry kay gikural ang imong yuta, part pa Now kani pag-file sa demurer to evidence, the demurrer to evidence is considered a final
sa imo boundary, forcible entry! Pre-trial na ron. kinahanglan imo sah jud huna-unao. Because order. Unsa pa may buhaton sa korte kung gi-
The issue is: whether or not the defendant has there is a risk involve. grant ang demurrer? There is none, that is a final
encroached all the properties of the plaintiff. In What is the risk involve in filing of demurer to order.
order to determine whether there is evidence? If the demurer to evidence is denied, If demurrer to evidence is denied, that order
encroachment we shall hire a commissioner. what is the recourse? The recourse of the denying demurrer to evidence is considered an
Expenses? Equally, agreed. defendant is to present evidence. Sa ato pa lig-on interlocutory order.
- Could you also agree if ever the findings ang ebidensiya. Question: Unsay kalahian sa interlocutory order
of a geodetic engineer shall be accepted by the Suppose your demurer to evidence is granted. ug final order?
parties? The court will have to ask the parties And therefore, the case is dismissed. But suppose Answer: Interlocutory order if there is something
that the findings shall be accepted. the plaintiff appeal form the order of the court more to be done by the court with that case. If
“Sec. 13. Compensation of commissioner. dismissing the case, and on appeal or the duna pay unfinished business. Like motion to
← The court shall allow the appellate court reverse the order dismissing the dismiss, pananglitan ang defendant ni0file ug
commissioner such reasonable case. What is now the consequence? Mao ni ang motion to dismiss unya gi-denine. Kanang order
compensation as the circumstances risk na imo gi-assume! If on appeal, the appellate denying motion to dismiss. Final order or
of the case warrant, to be taxed as court reverse the order of dismissal of the court, interlocutory order? Interlocutory order, because
costs against the defeated party, or your right to present evidence is deemed waive, the motion to dismiss is denied then the next
apportioned, as justice requires.” and the appellate court shall now decide the case thing to do is to file an answer. If di ka mu-
based on evidence on record. answer, you’ll be in default, duna pay buhatonon
It shall be shouldered by the parties equally, or Kay gi-reverse man sa appellate court, sigurado ang korte, render decision.
depende pud sa sabot. Like if kinsay pildi maoy ka pildi! And you are waiving your right to It is important for you to determine
mu-shoulder. present evidence. That is the risk that you are whether the order is interlocutory or final order,
← going to assume, if you filed demurrer to for purposes of appeal. It is because you cannot
RULE 33 evidence. appeal an interlocutory order. You can only
Demurrer to Evidence Demurrer to evidence in civil cases can be filed appeal a final order, an order which finally
even without prior leave of court. Unlike in disposes of the cases.
Section 1. Demurrer to evidence. criminal cases, wherein leave of prior leave of
← After the plaintiff has court is required before filing demurer to RULE 34
completed the presentation of his evidence. Because in criminal cases, if you file Judgment On The Pleadings
evidence, the defendant may move demurrer to evidence without leave of court and
for dismissal on the ground that you’re demurrer to evidence is denied, you Ang judgment magdepende ra sa pleadings sa
upon the facts and the law the cannot present evidence. You are deemed to parties. Unsa man na mga pleadings for
plaintiff has shown no right to relief. have waived your right to present evidence in example? Ang complaint ug ang answer.
If his motion is denied, he shall have criminal cases. Question Ngano man ang decision mag-base
the right to present evidence. If the Way problema kay kung granted kay ma-dismiss raman sa ilang pleadings?
motion is granted but on appeal the man ang kaso in criminal cases, and the Answer: Because there is no more factual issue.
Page | 113
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

Section 1. Judgment on the pleadings. Let's go now to RULE 35! as to how the judgment
← Where an answer fails to rendered:
tender an issue, or otherwise admits RULE 35 rendered on the basis
the material allegations of the Summary Judgment rendered on the basis of only of the
adverse party’s pleading, the court You know there is another term nga facts appearing in the pleadings
may, on motion of that party, direct sometimes you will confuse this sa pleadings, affidavits,
judgment on such pleading. judgment on the pleading. This is depositions and
However, in actions for declaration what we call summary judgment. admissions on filer
of nullity or annulment of marriage How do you distinguish JUDGEMENT
or for legal separation, the material ON THE PLEADING TO SUMMARY
facts alleged in the complaint shall JUDGMENT? as to who can ask for
always be proved. Sec. 1. Summary judgment for claimant. - A the judgment:
party seeking to recover upon a claim, available only on the
Motion for judgment on the pleadings, usually counterclaim, or cross-claim or to obtain a a remedy available for claimant because the
ang mu-file aning motion kay ang plaintiff or declamatory relief may, at any time after both claimant and answer fails to tender
claimant. the pleading in answer thereto has been defendant an issue
Question: In what instance that the plaintiff will served, move with supporting affidavits,
file motion for judgment on the pleadings? depositions or admissions for a summary The motion shall be It is subject to
Answer: If the answer fails to tender an issue or if judgment in his favor upon all or any part served at least ten (10) the 3-day notice
the answer admits on all the material allegations thereof. days before the time rule.
in the complaint. Sec. 2. Summary judgment for specified for the
Hinumdomi ninyo na kanang admission baya dili defending party. - A party against whom a hearing. The adverse
kay expressed admission jud tanan. Nahinumdom claim, counterclaim, or cross-claim is party may serve
mo na there could also be admission of the asserted or a declaratory relief is sought opposing affidavits,
material allegation in the complaint if the may, at any time, move with supporting depositions, or
defendant fails to specifically deny the affidavits, depositions or admissions for a admissions at least
allegations in the complaint. If the denial is summary judgment in his favor as to all or three (3) days before
general or wholesale, the same shall be any part thereof. the hearing.
considered as admission. Atong I simplify,
Kung imo gi-ingon, for example, all the
allegations in the compliant are denied, that is a what is the main difference Example for summary judgment: A
general denial which is equivalent to admission. between judgment of the pleading complaint for damages or torts. The
plaintiff files a complaint for damages to
ug summary judgment? the defendant over the vehicular accident.
Kung ang Actionable document not denied
SUMMARY JUDGEMENT OF In the answer of the defendant, the
under oath. Ma deemed admitted na ang
JUDGMENT THE PLEADING defendant admitted that he injured the
allegation sa kontra.
Unya duna pa gyud gitawag na negative plaintiff. Mao man na ang importante nga
as to the ground:
pregnant. It is denial with admission. issue sa kaso diha. But he questioned the
Duna bay higayon nga ang answer naka amount of damages claimed by the
there is no genuine there is no issue
tender ug issues kay ge deny niya ang tanan plaintiff. He said that the claim for damages
issues though there is ( because all the
allegations, posible ba nga adunay JUDGMENT of the plaintiff is bloated. Unsaon mana
still an issue but it only material allegations
ON THE PLEADING? ron?
pertains to the amount are admitted )
Answer: Posible gihapon, for example after pre Answer: This is now proper for summary
of damages
trial or during the trial all those material judgment. Dili judgment of the plaeding,
allegations which are denied in the answer but ngano man? Kay ang judgment of the
during the pre trial, these are already pleading wa man gyuy issue. Highway man.
admitted. Then, there now be judgment on the Limpyo kaayo. Nya dinhi naa pa may issue
pleading. Unsa pa may imo husayon? nga resolbahonon pero dili kayo dakog

Page | 114
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

issue. It is only up t the amount of specified for the hearing. The adverse SEC. 6. Affidavits in bad faith. - Should it
damages. Unsaon mani? party may serve opposing affidavits, appear to its satisfaction at any time that
Answer: There could be no trial anymore depositions, or admissions at least three (3) any of the affidavits presented pursuant to
here. But you need to file a Motion for days before the hearing. After the hearing, this Rule are presented in bad faith, or
SUMMARY JUDGMENT. the judgment sought shall be rendered solely for the purpose of delay, the court
Now, considering that the defendant is forthwith if the pleadings, supporting shall forthwith order the offending party or
only questioning the proper amount affidavits, depositions, and admissions on counsel to pay to the other party the
claimed for damages, the plaintiff may now file, show that, except as to the amount of amount of the reasonable expenses which
file a motion for Summary of Judgment and damages, there is no genuine issue as to the filing of the affidavits caused him to
attached now with his motion are affidavit any material fact and that the moving party incur, including attorney's fees. It may,
of merits and other important documents is entitled to a judgment as a matter of law. after hearing, further adjudge the offending
that will support his claim damages. So that SEC. 4. Case not fully adjudicated on party or counsel guilty of contempt.
the court now,after the defendant filed his motion. - If on motion under this Rule, For further discussion on Summary
comment or objection to the motion, can judgment is not rendered upon the whole Judgment, you read this case.
render judgment based on this affidavit and case or for all the reliefs sought and a trial Calubaquib vs. Republic, June 22,
other documents attached to his motion for is necessary, the court at the hearing of the 2011
summary judgments. There is no need for motion, by examining the pleadings and the ISSUE: Is a motu propio
trial because the amount of damages could evidence before it and by interrogating renditioin of a summary
be proven by the affidavit and other counsel shall ascertain what material facts judgment violative of due
documents such as receipts. exist without substantial controversy and process?
Kaning Summary Judgment is only what are actually and in good faith RULING: No. Summary judgments are proper
available if the issue left is only as regard controverted. It shall thereupon make an when, upon motion of the plaintiff or the
to the claim of damages and also in action order specifying the facts that appear defendant, the court finds that the answer
for DECLARATORY RELIEF. Unya kanang without substantial controversy, including filed by the defendant does not tender a
damages diri is only those LIQUIDATED the extent to which the amount of damages genuine issue as to any material fact and
DAMAGES. Kana bang damages nga klaro or other relief is not in controversy, and that one party is entitled to a judgment as a
na gyud ba. Duna ba diay damages nga directing such further proceeding in the matter of law. A deeper understanding of
way klaro? Unsa man silang way klaro? action as are just. The facts so specified summary judgments is found in Viajar v.
Unliquidated damages na siya not shall be deemed established, and the trial Estenzo:
determinable damages. shall be conducted on the controverted Relief by summary judgment is intended to
Answer: mao ni ang mga moral damages. facts accordingly. expedite or promptly dispose of cases where
Dili ni ma subject for summary judgment. There could also be the facts appear undisputed and certain
Kanang damages nga gastoan sa hospital, PARTIAL SUMMARY JUDGMENT. If from the pleadings, depositions, admissions
interest diha sa promissory note as agreed some facts are duly admitted while and affidavits. But if there be a doubt as
upon. These are what we called others are not, then the court may to such facts and there be an issue or
LIQUIDATED DAMAGES. Kana bang ang render partial judgment. And may issues of fact joined by the parties,
amount niya determinable. Mao na siya. hold hearing the facts unresolved. neither one of them can pray for a
Who can file motion for Summary SEC. 5. Form of affidavits and supporting summary judgment. Where the facts
judgment? Is it only the plaintiff? papers. - Supporting and opposing pleaded by the parties are disputed or
Answer: NO! Under section 1 and 2 it says affidavits shall be made on personal contested, proceedings for a summary
“Any Party” can file a Motion for Summary knowledge, shall set forth such facts as judgment cannot take the place of a trial.
Judgment. would be admissible in evidence, and shall "A summary judgment is permitted only if
In case of doubt whether or not the case is show affirmatively that the affiant is there is no genuine issue as to any material
proper for Summary Judgment, then, the competent to testify to the matters stated fact and [the] moving party is entitled to a
Motion shall be denied. therein. Certified true copies of all papers judgment as a matter of law." The test of the
SEC. 3. Motion and proceedings of parts thereof referred to in the affidavit propriety of rendering summary judgments
thereon. - The motion shall be served at shall be attached thereto or served is the existence of a genuine issue of fact,
least ten (10) days before the time therewith. "as distinguished from a sham, fictitious,
Page | 115
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

contrived or false claim." "[A] factual issue court. Not only judgment ang in writing decision. What will happen to that
raised by a party is considered as sham also the orders. decision?
when by its nature it is evident that it cannot ← It shall be personally and directly Answer: That is void and cannot be
be proven or it is such that the party prepared by the judge; promulgated anymore. It is necessary
tendering the same has neither any sincere ← It shall state clearly and distinctly that at the time of promulgation, the
intention nor adequate evidence to prove it. the facts and the law on which it is judge must still be connected with the
This usually happens in denials made by based; and judiciary.
defendants merely for the sake of having an ← It shall be signed by the judge and Or kung retired na ang judge nya wa pa
issue and thereby gaining delay, taking filed with the clerk of court. niya napa receive sa Clerk Of Court.
advantage of the fact that their answers are Unsay may buhaton ana?
not under oath anyway. Kung ako ang judge , ang akong Answer: ang huwes na mo follow niya,
kaugalingong decesion akong isubmit kopyahon to in toto kung tan-aw niya
Rule 36 sa akong clerk of court. Nya butangan insakto. Niya mao to iya i-file. Inig
0 JUDGMENTS, FINAL dayon na sa clerk of court ug pirma niya, that is not anymore the
ORDERS AND ENTRY RECEIVED. Importante kaayo na ang decision of the judge nga namatay.
THEREOF pagtatak nga received kay mao pud na That is already his decision.
ang date sa promulgation. Before it is Sa decision, duna jud nay gitawag
What is judgment? received, I can changed my decision. nga dispositive portion. Kanang dunay
Judgment is the final Dili pa gyud na decision jud. Pero kung WHEREFORE. Ang Latin term
consideration and determination matatakan na gani na ug RECEIVED, ana is FALLO.
by a court of the rights of the that will now be considered as Fallo is the dispositive portion. Mao na
parties as those rights presently promulgated. Mao na siya ang siyay pina ka importante nga bahin sa
exists, upon matters submitted to promulgation as far as civil cases is desisyon. Because it is the part where
it in an action or proceeding. concerned. Dili man gud na same sa the court writes the OBLIGATIONS of
(Gotamco vs. Chan Seng, 46 Phil. Criminal case gud kay didto basahan the parties. If naay conflict between
542) man gyud na ang decision atubangan the fallo and the body, Fallo jud ang mo
sa defending party. prevail. Except kung klaro na jud kaayo
Sec. 1. Rendition of judgments and final Nya after receiving, the copy of nga ang iyang dispositive portion lahi
orders. - A judgment or final order the decision shall be copy furnished. ra sa body.
determining the merits of the case shall be Mao na dayon na. Reverse sa pleading. Kay sa pleading
in writing personally and directly prepared What will happen to a decision which ang importante kay ang BODY man. Dili
by the judge, stating clearly and distinctly did not discuss the facts and the laws katong prayer. What will determine the
the facts and the law on which it is based, on which it is based? Take na kaning jurisdiction is the BODY not the Prayer
signed by him, and filed with the clerk of mga requirements naa ni sa or remedies asked.
the court. constitution. Decision versu Judgment
Above tells us a valid decision. Answer: The decision is void. I discuss Decision mao na ang whole decision
Q: What are the FORMAL requisites of a jud na nimo ang ang rason ngano kana while ang judgment mao na ang fallo.
valid judgment? imo decision. In your book duna dihay mga special
A: There are four (4) formal requisites: The judge who will write the decision forms of Judgment
← The judgment shall be in writing; must still be connected with the TYPES OF JUDGMENTS:
judiciary when the decision is ← Sin Perjuicio judgment
-katong una , way record record. promulgated. ← Conditional judgment
Paghuman sa hearing, moingon dayon Example: Ang Judge, tapos na siya sa ← Incomplete judgement
ang justice pilde ka. If mangutana, iya decision, nya wa na received sa ← Nunc pro tunc judgment
tubagon lang ka, basta kay pilde ka. clerk of court. Nya namatay siya kay gi ← Judgment upon a compromise or Judgment
Oral ang sa una. Karon, ang mga korte, atake ug highblood. Wa pa jud na upon an amicable settlement
court of records na gikan sa first level hatag sa clerk of court ang iya ← Judgment upon a confession
← Judgment by default
Page | 116
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

← Summary Judgment A: It is NOT valid. In truth, such judgment ← It cannot correct judicial errors,
← Clarificatory Judgment contains no disposition at all and is a however flagrant and glaring they may
mere anticipated statement of what be. (Henderson vs. Tan, 87 Phil. 466)
0 A.) SIN PERJUICIO the court shall do in the future when a
JUDGMENT particular event should happen. For E.) JUDGMENT UPON A
this reason, as a general rule, judgments COMPROMISE or
Q: What is an SIN PERJUICIO judgment? of such kind, conditioned upon a JUDGMENT UPON AN AMICABLE
A: A sin perjuicio is one which contains contingency, are held to be NULL and SETTLEMENT
only the dispositive portion of the VOID. (Cu Unjieng y Hijos vs.
decision and reserves the making Mabalacat Sugar Co., 70 Phil. 380) Q: What is a JUDGMENT UPON A
of findings of fact and conclusions of law COMPROMISE?
in a subsequent judgment. (Dir. of Lands C.) INCOMPLETE JUDGMENT A: A judgment upon a compromise is a
vs. Sanz, 45 Phil. 117) So, there is a Q: What is an INCOMPLETE judgment? judgment rendered with the consent of the
“WHEREFORE” without a ratio decidendi. What is its effect? parties for the purpose of effecting a
It does not state how the court arrived A: An incomplete judgment is one which compromise or settlement of an action. (31
at a certain decision. leaves certain matters to be settled in a Am. Jur. 105-108)
Q: Is a SIN PERJUICIO judgment valid? subsequent proceeding. (Ignacio vs. You know this already, the parties
A: A sin perjuicio judgment is a VOID Hilario, 76 Phil. 605) There is a decision have come up to a settlement. Mura bag 50-
judgment for it violates the but there is still other matters to be 50 sila.
constitutional provision that “no decision incorporated later in such decision. Here, moingon na gani na ang
shall be rendered by any court of record Parang interlocutory judgment. counsel, “ you honor, the parties have come
without expressing therein clearly and D.) NUNC PRO TUNC JUDGMENT up with a compromise agreement”. That
distinctly the facts and the law on Q: (Bar Question) What is a judgment is a music to the ear of the judge. Labaw pa
which it is based” (Sec. 14, Art. VIIII), NUNC PRO TUNC and what is its na sa “Gangnam style”. Ngano man?
and the provision of the Rules of Court function? Wala namay work.
that the judgment shall state “clearly A: A judgment nunc pro tunc literally Kana man guy mo gama kag decision,
and distinctly the facts and the law on means a ’judgment now for then.’ Its duna man guy modaog anang kaso. Wa man
which it is based. (Rule 36, Section function is to record some act of the guy tabla anang kaso. Duna juy mapildi
1) court done at a former time which was ana. Kung modaog, malipay. Kung mapildi,
B.) CONDITIONAL JUDGMENT then carried into the record. And the tunglohon ang judge ana. Pamalikason!
Q: What is a CONDITIONAL judgment? power to make such entries is restricted Idagkot sa Sto. Nino!Ipabarang sa Sequijor!!
A: A conditional judgment is one which is to placing upon the record evidence of C tablada taga Sequijor! Ang
subject to the performance of a condition judicial action which has actually been problema man gud ana kay ang mga
precedent and is not final until the taken. It may be used to make the lawyers dili ganahan ana.
condition is performed. (Jaucian vs. record speak the truth, but not to make Judgment upon compromise it is
Querol, 38 Phil. 707) it speak what it did not speak but immediately executory. Because the parties
EXAMPLE: A sued B. Then the court said: ought to have spoken. (Lichauco vs. have agreed.You do not wait for 15 days
“The A is correct because so and so…. Tan Pho, 51 Phil. 862) para ma executory. The same cannot be
However, there is another case now Q: In what cases is a judgment nunc pro appealed. It can be appealed only when
pending before the SC where the same tunc NOT proper? one of the parties question the terms and
issue is being raised. In the meantime, A A: A judgment nunc pro tunc is not conditions of the compromise and have
is correct. But in the event that SC proper in the following instances: asked the court to set it aside. Again there
decision comes out and is not favorable ← It cannot remedy errors or omission will be no appeal unless when the
to A, then this decision should also be in an imperfect or improper judgment. agreement is vitiated with error, deceit,
automatically changed in favor of B.” So, (Lichauco vs. Tan Pho, 51 Phil. 862) violence or forgery of documents
this is a conditional judgment. Is it a ← It cannot change the judgment in
valid judgment? any material respect. (Henderson vs.
Q: Is a conditional judgment valid? Tan, 87 Phil. 466) and
Page | 117
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

F.) JUDGMENT UPON A Doctrine of Immutability of Unsay record? Ang entire


CONFESSION (COGNOVIT Judgment decsion?
JUDGMENT) Judgment that is already final and Answer: Dili ang fallo ra with a
Q: What is a judgment upon a cannot be changed anymore. Pero certificate that such judgment or
confession? before a decision will final order has become final and
A: A judgment upon a confession is become final, it could still be executory.
a one entered against a person amended or corrected. Remember that before the
upon his admission or confession After the lapsed of 15 days to decision will become final and
of liability without the formality, appeal, ma final and executory na executory, the court can still
time and expense involved in an jud na siya. Mao pud ang date change its decision or final order
ordinary proceeding. of entry of judgement. So moto propio. The court can still
(Natividad vs. Natividad, 51 Phil. automatic. Ang date of final and amend even without the motion
613) executory judgement ug date of of the party. After it will become
A judgment upon a confession is entry of final judgment kay pareho final and executory, mointra
also known as “cognovit” judgment. ra. napud tong Doctrine of
(Pronounced as konyuvit) . Mao ning Kaning date of entry sa immutability of decision.
question before nga sa number pa gyud sa decision is very important! Kay Generally, it cannot anymore be
BAR question. What is COGNOVIT this the reckoning point changed. It will become final
judgment? So mao na siya. for; including the errors of the court, it
You are just going to write with the 1. filing for petion for relief from will become final. Dunay
court that you're admitting judgment exception. These exceptions
everything and you do not have and 2. Filing for Motion for Execution includes;
answer. Mao nay Judgment upon 3. Complaint for Revival of Entry 1. clerical errors
confession. You do not file any of Decision 2. to clarify ambiguity
answer. You're just informing the Kung kadumdum pa mo, katong 3. other omissions plainly due
court that you are admitting judgment can be revived 5 years to inadvertence or negligence
everything. Mura bag maguwang from entry of judgment. After 5 Duna puy judgment nga dili
gamay sa judgment by default kay years, it cannot be revived mahimong final;
sa latter wa man jud ka moistorya. anymore. It cannot be anymore 0 Judgment for support ( it
Pero sa judgment by confession executed by any motion but you can never be final and it can be
duna kay estorya pero ang imong have to file a motion for the changed anytime)
estorya dili matawag ug answer. revival of that decision. That is
G. Judgment by default Section 2. Sec. 3. Judgment for or against one or more of
Kabalo namo ana!! Sec. 2. Entry of judgments and final orders. several parties. - Judgment may be given for
H. summary Judgment - If no appeal or motion for new trial or or against one or more of several plaintiffs,
Kablo napud mo ana!! reconsideration is filed within the time and for or against one or more of several
I. Clarificatory Judgment provided in these Rules, the judgment or defendants. When justice so demands, the
An ambiguous judgment and you final order shall forthwith be entered by court may require the parties on each side
should have a motion of the clerk in the book of entries of to file adversary pleadings as between
clarificatory judgment and the judgments. The date of finality of the themselves and determine their ultimate
court will clarify the court's judgment or final order shall be deemed to rights and obligations.
decision. Panagsa ra hinoun na. be the date of its entry. The record shall This will occur when there is Joinder of
After the lapsed of 15 days to contain the dispositive part of the Parties.
appeal, ang ika 16 ana, ang judgment or final order and shall be signed Sec. 4. Several judgments. - In an action
decision will become final and by the clerk, with a certificate that such against several defendants, the court may,
executory. The decision will judgment or final order has become final when a several judgment is proper, render
become immutable. and executory. judgment against one or more of them,

Page | 118
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

leaving the action to proceed against the may render a separate judgment disposing Rule 37
others. of such claim. The judgment shall terminate 1
This will occur kun dunay Joinder of the action with respect to the claim so 2 MOTION FOR NEW TRIAL OR
Causes of Action. Common ni siya. disposed of and the action shall proceed as RECONSIDERATION
Example: In Expropriation case. to the remaining claims. In case a separate
Daghan gani na maigo diha. judgment is rendered, the court by order Section 1. Grounds of and period for filing
Daghan nang mga defendants. may stay its enforcement until the rendition motion for new trial or reconsideration. Within
Pede na siya nga kaning usa ka of a subsequent judgment or judgments the period for taking an appeal, the
defendant, na settle na man ni and may prescribe such conditions as may aggrieved party may move the trial court to
iyahang bayran the court will be necessary to secure the benefit thereof set aside the judgment or final order and
render decsion.... nya sa sunod na to the party in whose favor the judgment is grant a new trial for one or more of the
sad...decesion..sunod... decision . rendered. following causes materially affecting the
Mao ni several judgments. Kung in one case naay Joinder of substantial rights of said party:
Daghan ug decisions sa usa ka causes of action, pede na ang (a) Fraud, accident, mistake or
kaso. court will render separate excusable negligence which ordinary
MUNICIPALITY OF BINAN V GARCIA, judgments. Tagsa ra ni. prudence could not have guarded
180 SCRA 576 Sec. 6. Judgment against entity without against and by reason of which such
EXAMPLE: There was a case juridical personality. - When judgment is aggrieved party has probably been
where the government filed a rendered against two or more persons sued impaired in his rights; or
case for expropriation against as an entity without juridical personality, (b) Newly discovered evidence,
several landowners. The lands the judgment shall set out their individual which he could not, with reasonable
are adjoining each other and the or proper names, if known. diligence, have discovered and
government would like to Ato na ni na discuss. The unregistered produced at the trial, and which if
expropriate all these properties. entity cannot sue but it can be sued. presented would probably alter the
The government had to file on As aspiring lawyers, aron mo result.
complaint against several mopasar sa bar, masteron na Within the same period, the
landowners. One landowner ninyo unsa may inyong remedies aggrieved party may also move for
asked that his case be tried after the decision is promulgated reconsideration upon the grounds that the
ahead of the others. He was ug before it has become final. Nya damages awarded are excessive, that the
allowed under Rule 31 on unsa may imong remedies if the evidence is insufficient to justify the
Separate Trial. His case was tried decision has become final and decision or final order, or that the decision
ahead. After trial, the court executory. or final order is contrary to law.
rendered judgment against him. Within the period of 15 days, THESE ARE THE GROUNDS OF MOTION FOR
His land was ordered what are your remedies? This NEW TRIAL (MFNT)
expropriated. Now, what is before finality. Master these ← FAME ( fraud, accident, mistake , and
happened to the other remedies. excusable negligence)- sabta each of these
defendants? The Supreme Court 1. appeal words.
said let the case continue against 2. motion for reconsideration ← Newly Discovered Evidence (NDE)
the other landowners. But there 3. motion for new trial
would be a judgment in so far as 4. motion for reopening trial – provided What is extrinsic fraud? Extrinsic fraud ang
one defendant is concerned. by the jurisprudence gipasabot diri hap!!
Sec. 5. Separate judgments. - When more When the decision has become final EXTRINSIC FRAUD is a kind of fraud
than one claim for relief is presented in an and executory, what are your remedies? wherein the aggrieved party is prevented
action, the court, at any stage, upon a 1. Petition for releif from Judgment or from having a trial or prevented from
determination of the issues material to a final order presenting this case properly. INTRINSIC
particular claim and all counterclaims 2. petition for annulment of judgment FRAUD is not a ground for new trial.
arising out of the transaction or occurrence 3. petition for certiorari inder rule 65 Example: In case of pre trial. Appearance of
which is the subject matter of the claim, the parties is very important . Kay unsay
Page | 119
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

mahitabo? If ang plaintiff mo absent? 3. you must attach your affidavit of defendant. Nya imo na i-argue ngano man?
Dismiss ang kaso. If ang defendant? There Merits- isulti mao ni ang facts nga mo- Ngano man nasayop siya sa balaod? Imo
will be an ex-parte hearing. constitute ug fraud ug duna sad ni i-sight? You sight decision of SC. So
You are the defendant. You are told by the jud kay material allegation nga mo no need to attach affidavit of merits.
agent or lawyer of the aggrieved party that constitute ug fraud. Naa kay lig-on na
the pre-trial has been canceled because evidence to support your claim. Aside Motion for New Trial, there is another
the judge went to Rome where in fact it is - otherwise your Motion For New remedy that is not found in your Rules of
not. So, wa na lang ka mi attend. But it was Trial shall be denied if there is no affidavit Court. Unsa to? That is MOTION FOR
not true. So the plaintiff was allowed by the of merits REOPENING FOR NEW TRIAL (MFRFNT).
court to present evidence ex-parte. Or the 4. it must comply with the 3-day Unsay kalainan ani sa MOTION FOR NEW
reverse, the plaintiff did not appear, only notice rule- Notice of Hearing TRIAL?
the defendant because of the fraud that 5. the adverse party must be
was made through a lawyer. So the case is furnished with the copy of the motion and MOTION FOR NEW MOTION FOR
dismissed. So the aggrieved may ask for a must be served with personally or by TRIAL (MFNT) REOPENING FOR NEW
MOTION FOR NEW TRIAL. Ang problema registered mail coupled with explanation
TRIAL (MFRFNT)
ang sa defendant kay naay desisyon. So why you avail as such
ang iyang remedy is APPEAL kung dili man Kung NEWLY DISCOVERED EVIDENCE (NDE),
he could file a motion for new trial. kinahanglan karon pa jud na nimo na GROUNDS:
Example: Dunay trial. Nya wa ka kasabot diskobre-i. Dili na forgotten evidence. This
kay imong abogado nabayran na. So pede evidence must be material evidence not F-A-M-E Based on the paramount
naka maka avail aning motion for new trial. corroborative. That the NDE if presented interest of justice,
ACCIDENT would probably change the outcome of the NEWLY DISCOVERE resting entirely on the
For example, the presentation of the case. EVIDENCE
defendant was deemed waived kay while If bag-o man toud na imong na diskobri-an sound discretion of court,
he was on his way to court, he suffered na ebidensya nya d naman jud na mausab the exercise of that
heart attack. Wa sya ka testify nya gi ang desisyon sa court kay corroborative ra. decision will not be
waived dayon sa court kay wa man kabalo Kana bang pareho ra. Pananglitan nakakita reviewed on appeal
so he can ask for a new trial. kag witness nya ang iyang i-testify kay unless a clear abuse
EXCUSABLE NEGLIGENCE – it must be pareho ra sa gisulti nimo sa imong niaging thereof is shown
excusable. Case to basis daw ni siya witnesess, aw dili na NDE.
MISTAKE Para di na ma pro-forma, the NDE must be;
Nasayop siya for example, the defendant. 1. Material and if presented, it could WHEN IS IT FILED?
He believed that there is no need for him to change the outcome of the case
go to court for trial because the plaintiff 2. must be supported by affidavit of merits After promulgation May properly presented
agreed for a settlement. So the court will that you have discovered only after either or both
render judgment based on the evidence ← must be supported by the document parties have formally
presented. that you have newly discovered offered and closed their
Kung FAME ang imo ground, kinahanglan na
evidence BEFORE
imo na i-state what constitute fraud. Kay Sa MOTION FOR RECONSIDERATION (MR)
kung wa nimo gi-state with particularity 1. it does not require presentation of new judgment (REGALADO NI)
ang imong Motion will become a PRO- evidence, ngano man?
FORMA. Unsa may buhaton para di ← because you will just argue that the
madeny? court erred in its findings of facts or in its
1. your motion must alleged fraud conclusion of laws ( imo I- sight diri asa ang (Si Judge mi-ingon na
2. you must state the facts that court nasayop) mao ra nya unsa may sakto pede pud AFTER
constitute fraud – isulti jud to nimo unsa para nimo unta. Butangi jud na didto ug PROMULGATION daw
nga fraud with all due respect , the court erred in the pero si Regalado niingon
glaring documentary evidence of the
it should be filed before
Page | 120
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

judgment but after both The SC said: New trial should be The motion must be in writing. If it is
parties formally offered distinguished from the exercise of the MFNT, must supported with affidavit of
discretionary power of the court to REOPEN merits and if it is a MR, what you need to do
evidence pero mao guro
a trial for the introduction of additional is to argue. But argue with the court
ni bout ipasabot ni Judge) evidence, to clarify its doubts on material respectfully.
points. This discretionary power is subject to Take note of this, you may strongly
no rule other than the paramount interest of disagree with the decision of the court but
SOURCE: justice and will not be reviewed on appeal you have to respect it.
unless the exercise thereof is abused. (Arce Q: What happens if you file a motion without
Rules of Court Jurisprudence vs. Arce, L-13035, Nov. 28, 1959) So it is one affidavit of merits and no notice of hearing?
of the inherent powers of the court. A: Then, your motion for new trial will be
Kaning MFRFNT naa ni sa Crim Pro pero wala immediately denied. It is a fatal mistake.
EXAMPLES sa MFRFNT: pa ni gi butang sa Civ Pro , ang Your motion for new trial is classified as a
The SC has already made pronouncements jurisprudence ra ani nag provide. Gabu-ot PRO-FORMA motion for new trial.
on what the reopening of trial meant. bu-ot lng ni ang Supreme Court, but it is Q: Briefly, how do you classify a pro-forma
Reopening of trial is not found in the law. their inherent power to do this. motion for new trial?
There is no express rule, but it is A: It is a motion for new trial which does not
admittedly allowed. Now give an example Sec. 2. Contents of motion for new trial or comply in substance or in form with Sections
of reopening of trial. reconsideration and notice thereof. The motion 1 and 2 of Rule 37.
EXAMPLE: Tapos na ang trial. What will come shall be made in writing stating the ground Q: What is the EFFECT of a pro-forma motion
next is decision and then the party said, or grounds therefor, a written notice of for new trial?
“Your honor, could we reopen the trial? which shall be served by the movant on the A: The period to appeal is NOT
Meron kaming nakalimutan eh. I forgot an adverse party. interrupted by the filing of such motion
important piece of evidence.” Now, that A motion for new trial shall be proved in the for new trial. Even the right to appeal
cannot be new trial because wala pa man manner provided for proof of motions. A may be forfeited because of this defect.
ang judgment. Rule 37 applies only when motion for the cause mentioned in The effect is now stated in the last
there is already a judgment. In the example, paragraph (a) of the preceding section shall paragraph of Section 2:
is that a motion for new trial? No. It should be supported by affidavits of merits which
be called a motion for reopening of trial. may be rebutted by affidavits. A motion for Sec. 3. Action upon motion for new trial or
So if the motion is filed after the judgment is the cause mentioned in paragraph (b) shall reconsideration. The trial court may set
rendered, it is called motion for new trial. be supported by affidavits of the witnesses aside the judgment or final order and grant
When the motion is filed before a judgement by whom such evidence is expected to be a new trial, upon such terms as may be just,
is rendered, it should be called a motion for given, or by duly authenticated documents or may deny the motion. If the court finds
reopening of trial. which are proposed to be introduced in that excessive damages have been awarded
EXAMPLE: A judge after trying the case, evidence. or that the judgment or final order is
“Alright, I will not decide yet. I want to go to A motion for reconsideration shall point out contrary to the evidence or law, it may
the area and look at the property.” Meaning, specifically the findings or conclusions of amend such judgment or final order
the court, on its own, would like to conduct the judgment or final order which are not accordingly.
an ocular inspection. That is a reopening of supported by the evidence or which are Actions of the court:
the trial. Now, was there any motion by contrary to law, making express reference ← grant
anybody? Wala man ba. The court itself to the testimonial or documentary evidence ← deny
initiated it. And that is allowed said by the or to the provisions of law alleged to be
SC. Reopening of trial is bound by no rules. contrary to such findings or conclusions. If the court will grant, there will be a
The judge with or without a motion can do it. A pro forma motion for new trial or continuation of another trial for the
The only ground for reopening of trial is reconsideration shall not toll the reception of your evidence. After that,
interest of justice. And that is very broad. So reglementary period the court will render another evidence
there are no rules. of appeal. because the original decision will be
set aside.
Page | 121
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

material and competent to establish the Section 1. Where to appeal.


But if you file a MR, there will be no issues, shall be used at the new trial
reception of evidence. If the court is without retaking the same. An appeal from a judgment or final order of
convinced with your MR, the court may What is your remedy if your MFNT or a Municipal Trial Court may be taken to the
amend its decision. MR is denied? Regional Trial Court exercising jurisdiction
Answer: appeal over the area to which the former pertains.
Sec. 4. Resolution of motion. A motion for Sec. 7. Partial new trial or reconsideration. The title of the case shall remain as it was
new trial or reconsideration shall be If the grounds for a motion under this Rule in the court of origin, but the party
resolved within thirty (30) days from the appear to the court to affect the issues as appealing the case shall be further referred
time it is submitted for resolution. to only a part, or less than all of the matter to as the appellant and the adverse party
Sec. 5. Second motion for new trial. A motion in controversy, or only one, or less than all, as the appellee.
for new trial shall include all grounds then of the parties to it, the court may order a
available and those not so included shall be new trial or grant reconsideration as to Where are you going to appeal? So first
deemed waived. A second motion for new such issues if severable without interfering level court to RTC. Take note that what you can
trial, based on a ground not existing nor with the judgment or final order upon the appeal from is only the decision or final order. You
available when the first motion was made, rest. cannot appeal from an interlocutory order. You
may be filed within the time herein Sec. 8. Effect of order for partial new trial. should be able to distinguish final order from an
provided excluding the time during which When less than all of the issues are interlocutory order. The test is very simple: where
the first motion had been pending. ordered retried, the court may either enter the order finally disposes of the entire case…
No party shall be allowed a second a judgment or final order as to the rest, or meaning, if there is nothing else to be done in
motion for reconsideration of a judgment or stay the enforcement of such judgment or the merits of the case… then that is a final
final order. final order until after the new trial. order. But if it does not, then that is an
Sec. 9. Remedy against order denying a interlocutory order.
Although a second MFNT is motion for new trial or reconsideration. An The “Municipal Trial Court” here is
allowed, you should have not order denying a motion for new trial or used in its generic sense. This does not mean
repeat your previous ground. You reconsideration is not appealable, the that this is applicable only in MTC. This is
should have new ground. If you remedy being an appeal from the judgment applicable to all first level courts. Meaning to say,
merely repeats your ground, then or final order. you are going to appeal to the RTC that has
that is a pro-forma motion. What you are going to appeal is not territorial jurisdiction over the MTC. So
NB: Pro- forma motion does not the order denying the MFNT or MR importante na imong tanawn asa na RTC ka mu
stop the running of the but you should wait for the appeal. So for example, MTC Minglanilla. Dili
reglementary period. If the time to judgment from thereon , you can manka pwede mu appeal didto sa RTC Lapu-Lapu
file the motion lapsed, the now appeal from the judgment or Mandaue. So ari ka diri sa RTC Cebu City. So
decision will now become final again not the order. tanawn nimo asa ni siya na RTC na under.
and executory. After Rule 37, we will skip Rules 38 “The title of the case shall remain as
A party cannot file a second MR. & 39 because these are proceedings after the it was in the court of origin, but the party
This is very important. It is only in decision has become final. We will proceed to appealing the case shall be further referred
the SC where second MR is Rule 40. to as the appellant (Or the party who filed the
allowed. In the Lower court appeal) and the adverse party as the
second MR is absolutely not appellee.”
allowed. RULE 40 Pananglitan both parties will appeal, then
Sec. 6. Effect of granting of motion for new trial. APPEAL FROM MUNICIPAL TRIAL COURTS both parties shall be referred to as appellant.
If a new trial is granted in accordance with TO THE REGIONAL TRIAL COURTS Mao ni ang gi tawag ug Cross-Appeal.
the provisions of this Rule, the original
judgment or final order shall be vacated, Appeal. This is one of the remedies after Sec. 2. When to appeal. An appeal may be
and the action shall stand for trial de novo; the rendition of the decision. Rule 40 is about the taken within fifteen (15) days after notice
but the recorded evidence taken upon the appeal from the first level courts to the RTC. to the appellant of the judgment or final
former trial, in so far as the same is order appealed from. Where a record on
Page | 122
REMEDIAL LAW REVIEW 2012 TRANSCRIPTION

appeal is required, the appellant shall file a late filing of a notice of appeal. Mahadlok baya na interlocutory order, aside from notice of appeal,
notice of appeal and a record on appeal ang Judge na ma cite siya ug ignorance of the record on appeal is required to be submitted to
within thirty (30) days after notice of the law. Basic baya ni na within 15 days ra gyud. the appellate court.
judgment or final order. What is a record on appeal?
So it is within the power of the SC to Record on appeal kay mao rana siya ang
The period of appeal shall be interrupted by allow the late filing? YES. Because what we have copy sa entire record. Katong mga orders. Mura
a timely motion for new trial or learned is that the Supreme Court has the power rana siya ug reproduction sa katong record gyud.
reconsideration. No motion for extension of to promulgate rules regarding pleadings, etc., as Dili manto nimo madala ang entire record. Kana
time to file a motion for new trial or well as to suspend the rules… unya ang ground? mangud mu appeal ka ang original record ipadala
reconsideration shall be allowed. In the interest of substantial justice. In other man didto sa appellate court. Pero kung ingon ani
words, that is within the powers of the Supreme na dunay multiple appeals dili ma forward ang
Court. original record kay ibilin sa Trial Court kay naa
When are you going to file an appeal? An Kanang last paragraph sa Section 2, wala pay trabahoon. That is why the Rules of Court
appeal may be taken within 15 days after actual nana ha “interrupted”. Yes, interrupted, but in requires record on appeal.
receipt of decision, especially if it is mailed. And case the motion for reconsideration will be If record on appeal is allowed, the period
you should also take note of the ruling of the denied the movant shall have a fresh period of 15 to appeal is 30 days. That is why you notice that
Supreme Court in the case of Neypes vs. CA. You days. So interrupted siya, pero basin ma the period to appeals is longer than an ordina