ArtN Fe Ay aH L PTI aU Lu eon ATEREO CERTRAL BAR OPERATIONS 2010 ~ REMEDIAL LAW REVIEWER ATTY. GUEVARRA, ATTY. ARROYO, | ATTY. SALVADOR, ATTY. VINLUAN, JUDGE BONIFACIO suman UBLECTHE AD serene CLARISSA FAYLONA & MARIA KRISTINA SANTOS ANNA MELISSA MARK JOREL ERICA CHRISTEL ABARQUEZ CALIDA PATINO ERATION Scam ADMINISTRA GAGLDEM ICS 2 crcos “HOTEL STRATIONeed OPERATIONS 2616 AEN Te) Katarungang Pambarangay Law.. - ‘Small Claims Cases .. 74 Appeat 75 Provisional Remedies... Special Civil Actions.. Special Proceedings. Rule on Guardianship of Minors Rule on Domestic Adoption. Inter-Country Adoption 65 Rule on Custody of Minors and Writ of Hal 71 R. A. No, 9048. ae Rule on Writ of Amparo. Rule on DNA Evidence... a Implementing Rutes of the E-commgtce: Annexes...... :: on Advisers: Atty. Guevarra,Atty. Aroye, Atty. “Atty. Vinluan Judge Bonifac : Garisa Fayiona, Maria Kristina S ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosis, na Banka Siva, Nash Marohomsalc, k SuarezREMEDIAL LAW REVIEWER ‘Authority given by law to a court or tribunal to hear and ‘determine certain controversies involving rights which are legally demandable and enforceable ee Law that prescribes the -™ fights and duties that give rise | method of enforcing rights and toacause of action ‘obtaining redress for thelr invasion ‘Cannot be enacted by the SC SCs empowered to ed eye) OPERATIONS 2010 Jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as the lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the Droceedings. However, a party may be barred by laches ‘rom invoking this plea for the fist time on appeal for the purpose of annuting everything done in the case with the ‘active participation of said party invoking the plea. (Tijam v. ‘Sibonghanoy, 23 SCRA 29 {1968)) JURISDICTION OVER THE RES ‘Acquired either by seizure of the property under legal process or 25a result of the institution of legat proceedings, in which the power of the courts recognized and made effective. In civil actions, jurisdiction over the res and the subject matter is sufficient to vest jurisdiction in the court even in the absence of fuisdiction over the person of the defendant who does not i Serr Perera . Jurisdiction over the parties dumspicTion bvei Tue TereiroRY ~faccused): Zé “i ic Jurisdiction over the territory Jur Z f "Geographical afea in which a | Power of the court to hear and JURISDICTION OVER THE PARTIES |, ‘court may hear and determine | decide a case on the merits = & a case (piace of trial) Juisdicion over the plaintiff is aca 4 upon fing #88 =| ‘complaint! <7 35 % GPPRE In el cases, venue may | Granted by law; hence, cannot Py ‘stipulated by the parties be stipulated Jurscktion over the defendant is acquiredeither by his) ! p voluntary appearance in courtand his submission fo Rguthority a SaaS orby service of summons. casted Oy | _ jurisdiction over the person ; ; ; Etabichesa relation between | Establishes a relation between Jutsciction over the accused is acquired by a valid arrestor his tha plawelfand tne the court ond the parties and voluntary submisson to the authorty ofthe cour ‘isenion etme sate me en a *+ Jurisdiction over the subject matter is determined by ened enemas ee the allegations made inthe complaint. weer reece For purposes of determining jurisdiction in civil actions, the allegations and nature of the principal action is controling, not those of incidental ar ancillary cies. {in criminal actions, jurisdiction over the subject matter is ‘One where the court, officer or quasi-judicial body acts without or in excess of jurisdiction ‘One that the court may commit in the exercise of jurisdiction, it include errors in procedure or mistakes in the courts findings determined by: 1. The NATURE of the offense and the PENALTY attached Retiders jadgment ahd |" Does not render the court's _| ‘thereto; and proceedings void or at decision void 2. The fact that the offense was committed within the east woidable s TERRITORIAL JURISDICTION of the court Reviewabie only by Reviewable on Appeal Certiorari Jurisdiction is governed by the law at the time the action ts commenced. . Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace “Advisers: Atty. Guevarra Atty. AVON. Salvador Avy. Vinluan hdge Bonifacio; Heads: GarasaFaylona, Maria Kitna Santas; scosia, ne Bianka Siva, Nash Marohomeslic,K Suater —a ee) OPERATIONS 2010 DOCTRINE OF PRIMARY JURISDICTION Where there is an administrative body tasted with the cases b. Limited Jurisdiction ~ confined to particular cases and exercised only under the limitation and circumstances prescribed by statute AS to nature of the couse: 8. Criminal Jurisdiction ~for the punishment ofa crime b. Gil Jurisdiction - when the matter isnot criminal in nature 3. Asto timing: Original Jurisdiction ~ exercised by courts In the first instance b. Appellate Jurisdiction —conferted on superior courts ‘to review and decide cases tried by inferior or lower courts 4. Asto extent of exercise: 2. Brclusive Jurisdiction — confined to a ‘tribunal and possessed by it to the ‘others A b. Conyrrent Jurisdiction ~ exergied by different courts at the same time over’ the same subject ‘maité? and within the same tén resort to either court at ‘court which first vally. totheexclusion of allothers 5 © 5. Astositus:, ia &.Terrtéria! suisiction — ‘ofthepace where the court located beyond the "4 b. Extro-teritorial surisdction —"e confines of the place where the tburt is located [DOCTRINE OF ANCILLARY JURISDICTION ft involves the inherent or implied powers of the determine issues incidental to the exercise of its primary jurisdiction. : Under its ancilary jurisdiction the court may determine ail ‘questions relative to the matters brought before it, regulate the ‘manner in which a trial stall be conducted, determine the hours ‘at which the witnesses and lawyers may be heard, appoint a receiver, ete. POLICY OF JUDICIAL HEIRARCHY The policy means that a higher court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate lower courts. Though it is true that the SC, CA and RTC have concurrent original jurisdiction to issue writs of certiorari, prohibition and mandamus, the application should still be filed with the lower court unless the importance of the issue involved deserves action of the court of higher level — Advisers: Atty, Guevara Atty. Arroye Ay, Salvador Atty. Vinhian Judge Bonifacio; Heads determination of facts relating to a special or technical field, the courts must give such administrative body the opportunity to do ‘50 before proceeding with the action. ‘DOCTRINE OF ADHERENCE OF JURISDICTION ‘Once jurisdiction is vested in a court, I is retained by such until, the end of litigation regardless of circumstances that would have prevented the continued exercise of jurisdiction by the court. Hence, a law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases already pending prio to its enactment. EXCEPTIONS: 1 When the law expressly provides for retroactive application; 2. When the change of jurisdiction is curative in nature: or Perfected appeal, here jurisdiction is transferred to the appellate court. aera) RULEL GENERAL PROVISIONS 1. Title of the Rules ‘The Rules of Court are not penal statutes. They cannot be given, retroactive effect. They can, however, be made applicable to cases pending at the time of their passage and therefore are. retroactive in that sense. Under the 1987 Constitution, the rule-making power of the ‘Supreme Court has the following fimitations: 1. tmust provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. Uniform for all courts of the same grade; and 3. Shall not diminish, increase or modify substantive rights (Art. Vl Section 5/5). ‘Section 2. In what courts applicable All courts unless otherwise provided by the Supreme Court Santos Understudy: Roxanne Tadique, Alexis Cimagala; Volunters: Grace Escosla, na Bianka Silva, Nash Marohomsalic,K Suarezeee) OPERATIONS 2010 ‘APPLICABILITY: 1. Civil Action — One by which 2 party sues another for the enforcement or protection of a right or the prevention or redress of a wrong, 2. Griminal Action — One by which the State prosecutes @ ‘person for an act or omission punishable by law 3, Special Proceedings — Remedy by which a party seeks to ‘establish a status, aright, ora particular fact ‘Aproceedingto | An actionto | ~Aproceeding to setermine the impose a subject the state or responsiiltyor | interest of a condition ofa | tiabiityupona | named defendant thing. person directly | over particular property to an ‘obligation or len, Dburdening it png _ of realestate ech] Filed inthe cous’ | Fledin thecout | ~ Therules on g wherethe | where the plaintiff ‘venue of real ror apy orany of the: actions shall Peeereede | accor eovern resides, atthe ‘option ofthe psi ‘eg Action fora eg Action sum otrmoney | potions wih _elaim for damages ‘The distinction is important in determining whether jurisdiction ‘over the persons of the defendant is required and whether Judgmentis binding 3. Astocause ‘Ownership or possession of real property is involved of contract a ‘The distinction is significant in determining the venue of an ection. 4. _Asto place of ‘Mustbe brought ina | Dependent on the place where particular place where the | the party resides regardless of subject property is | where the cause of action arose located, unless there is an subject to Section 4, Rule agreement to the contrary (Section 4, Rule 4) | ‘© Action to recover feal | eg Action to recover sum of property money Advisers: Ay. Guevarra ity Atoye Ay, Selvador Ay, Vinluan Judge Bonifacio; Head ‘Carissa Faylons, Moria Kristina Santos, Understudy: Roxanne Tadique, Ales Gmagata; Volunteers: Grace Escosia, tna Blanka Siva, Nash Marohomnsali, K SuarerSection 4. in what cases not applicable 1. Election Cases; 2. Land registration/ Cadastral cases; 3. Naturalization; 4. Insolvency proceedings; and 5. Other cases not provided in the Rules of Court. The Rules of Court are applicable by analogy or in a suppletory ‘character and whenever practicable and convenient. Section 5. Commencement of action ‘civil action is commenced by: 1. The FILING OF THE COMPLAINT (when an additional defendant Is impleaded in a later pleading, the action is ommenced with rear to fm onthe cat ofthe ing of ‘such LATER PLEADING); and NOTE: An action can be commenced by fi by registered mail. in which case, it is. Seen dtp chet CENTRAL BAR OPERATIONS 2010 resruattan “a, RULE 2 CAUSE OF ACTION ‘Section 1. Ordinary Civil Actions, basis of Every ordinary civil action must be based on a cause of action. ‘Section 2. Cause of action defined CAUSE OF ACTION ~ The act or omission by which a party Violates the right of another. REQUISITES OF A CAUSE OF ACTION: LEGAL RIGHT of the plain. CORRELATIVE OBLIGATION of the defendant to respect plaintiff's ight; and ‘Act or omission of the defendant in VIOLATION of the plaintiffs legal right. F ACTION ~ Right of 2 person to bring and prosecute serscinthonti ebro ee AnoHT 0 + cut etn ac deemed commend ei Gucak inc, —®Comfanc tna th CONDTTONS PRECEDENT ane fling and docetng ofthe complink sate eg bos: 2 Aton case the ums ead sree Teno osouse ‘ m0 (1963) Cretorier 2. The PAYMENT OF DOCKET FEES (c granted by law to a party to the amount of the daim but also : institute an action against a damages). (Primary fights of the plaintiff | person who has committed a 2 : eet owen git in NOTE: The amount of damages should be specified nat Bayssss} The essen forthe alias | Tse remedy of means afford In the body of pleading but also in the prayer. “or the consequent relief The foaaiomeat fie] Thevemdal sehttkeriey “he cure ay alow the pament of he deficient docket | Opeatvetacsthatghestoe | perm eet ran es Inttia's: asecooal fea tate canara Teremeal ght | occumones ofthe sages facts applicable prescriptive or reglementary period. ‘ater of procedure and | A mater of it and depends depends on the pleadings i Substantive ow © It is not simply the filing of the complaint or fled by the parties appropriate intiatory pleading, but the payment ofthe Tit stfected by sffrnatne | Affected oy tiene prescribed docket fee that vests a trial court with defenses (fraud, prescription, defenses lurisdiction of the subject matter or nature of the estoppel, etc.) action. (Heirs of Bertulde Hinog v. Melcor (2005) Section 6. Construction GENERAL RULE: Liberal construction. EXCEPTIONS: 1. Reglementary periods; or 2. Rule on forum shopping. — Advisers Atty. Guevarra ity. ArToye Ay Salvador Ay Viriuan lodge Boni Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, na ia rsa Foo, Mara rsa Stes ‘Bankaiva, Nach Marohomsalie K Soaresappropriate legal | act, contractor protection, award corcoercive | formofreliefof | property which is measure which | action which may | directly involved in the plaintiff prays | be availed of by the action, thecourtto | the plaintiffasthe | concerning which the renderinhis | meansto obtain | wrong has been done favor as the desired relief | and with respect to consequence of which the the delict controversy has ‘committed by the arisen defendant Section 3. One suit for a single cause of action Section 4. Splitting a cause of action, effect of SPUTIING OF CAUSE OF ACTON The act ding aE ng ims and indivisible cause of action into several parts bringing several actions thereon (NOT ALL {tapplies NOT only; to complaints but also,fo counterctaims cross-clais, 4 f lege, Remedies against splitting a single cause of gétlon: 0." 1 ‘Motion tots: onthe round of, ert a. Litis pendentia (Rule 16, tien oF b. hes judicata (Rule 16, Section 1 6. 2. An answer alleging either as affirmative ‘Section 6} . ‘GENERAL RULE: A contract embraces only one of ‘even ifit contains several stipulations. EXCEPTION: A contract to do several things at several times is ‘visible, and judgment for a single breach of a continuing contract is not a bar to a suit for a subsequent breach. (e.g. promissory note payable in several installments so long as there is no acceleration clause) ‘© DOCTRINE OF ANTICIPATORY BREACH: An UNQUALIFIED and POSITIVE REFUSAL to perform a contract, though the performance thereof is not yet due, may, if the ‘enunciation goes into the whole contract, be treated as a complete breach which will entite the injured party to bring his action at once. (Blossom & Co, v. Manila Gas CCorp., 55 Phil 226 (1930)) Section 5. Joinder of causes of action Joinder of causes of action is purely permissive. The plaintiff can always fle separate actions for each cause af action. + CENTRAL BAR OPERATIONS 2010 £4) amount of the demand shall be the totality ofthe climes i _gGaupes of action, irespectve of whether the'caises of action | tD!e cut ofthe same or diferent transaction. riod , [REQUISITES FOR JOINDER OF CAUSES OF ACTION: 1. The party joining the causes of action must comply with the RULES ON JOINDER OF PARTIES: ‘+ Aight to relief in respect to or arising out of the some transaction or series of transaction; and * Acommon question of law. (Sec. 6, Rule 3}; “The joinder shall NOT INCLUDE special civil actions or ‘actions governed by special rules; 3. Where the causes of action are between the SAME PARTIES but pertain to DIFFERENT VENUES OR AURISDICTION is with the Reglonal Trial Court, provided that: 3. One of the causes of action falls within the Jurisdiction of the RTC; and b. Venue lies thereon, 4. Where the claims in the causes of action are principally for RECOVERY OF MONEY, the aggregate amount claimed shall be the test of jurisdiction. (Totalty Rule) Restrictions on the joinder of causes of action: 1. Terisdiction; 2. Menve: and Joinder of parties. "TOTALITY RULE UNDER BP:129 (Section 33(1)) “Where there are several claims or causes of actions between the samme or different parties, embodied in the same complaint, the all NoTE: We will folow the totality rule in BP 129 because it is ry in statutory construction that in case of conflict, “S2aeeinsstSiSbstantive law prevails over procedural laws. ~Adkisers: Atty. GuevarraAtty. Arroyo Aty. Salvador Aly, Viiuan Judge Bovitaco; iced Carissa Foylona, Moria Kristina Santos; There a single cause of 7 action ‘PROHIBITED. H caus ‘ENCOURAGED. ftiiniines ‘muikipicty of suits and double | mukipliciy of suits and ‘vexationonthe part ofthe | inconvenience on the parties defendant ‘Section 6. Misjoinder of causes of action Rs NOT ground for dismissal of an action. A misjoined case of ‘action may be severed and proceeded with separately. ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escola, na Blanka Siva, Nash Marohornsalic, K Suaret —Keo, REMEDIAL LAW REVIEWER a ya) OPERATIONS 2010 bpenie CLASSIFICATION OF PARTIES IN INTEREST: PARTIES TO CIVIL ACTIONS indipersble pert Thase aaout woe no. eal determination canbe had ofan action (must be med under all Section 1. Who may be parties; plaintiff and defendant conditions PARTIES TO AGIVIL ACTION 1. Anatural person; ‘Necessary (or prope) porties—Those who ae na indispensable 2. ‘Ajiical person; or tout ought to be Joined as parties i complete reli is tbe 3. Anentityauthoraed by law accorded as to those alieady porte, of for a complete determination or settlement of the lim subject ofthe action PLAINTIFF ~one having an interest nthe matter ofthe acon or fjavar mar nat he oteeay in obtaining the relief demanded DEFENDANT ~one claiming an interest inthe controversy Orhe Representative prtes Tose acting in fiduciary capacity such subject thereof adverse tothe plaintiff as stees, guardians, executors, or admintrators The beneficiary shall be incuded inthe tte ofthe case and shall be “he term defendant may include deemed to be real parti interes. 1 An urwiling plinaff or one who should be Joined os Paint but refuses to gv hi concent thereto (Section 10, pre forma partes ~ those who are requ tobe oined as co- fe 3); es in suits by or aginst another party as may be provided 2 The original plaintf becoming a defendant. tgs6iiital ‘applicable substantive law or procedural rule such 2s In defendant's countercaim or 6 heer spouses under Seton 4 3. One necessary to a complete determinatidh o settlement ofthe questions involved therein, Section 2. Parties in interest REAL PARTY IN INTEREST — The pat benefited or injured, by the judgment entitled to the avails ofthe suit. Must bejoined under any and | _ Should be joined whenever al conditions theirpresence | possible, the action can being sine que non forthe | proceed even in ther absence (2004) Corporation efit | pytose ere They are those with such an | They are those whose _ | seebetorePriopine | Phonics courts Interest in the controversy | presence is necessary to Courts. Taaeucnon eed that a final determination adjudicate the whole ppanuipr nam would necessarily affect theic | controversy but whose Philippine ctzen or pat Fights so thatthe court cannot | interests are so far separable ett that proceed without their thata final decree can be Mfcense | CONTACTED wan he | iadepenvdent fay presence made in their absence without Toreign corporation affecting them may be ESTOPPED from challenging its + Section 2, Rule 3 of the Rules of Court requires that an personaly ina sut action must be brought in the name but nat necessarily by brought before ‘the real party in interest. In fact, the practice is for an Philippine Courts attomey in fact to bring the action, eg., to fle the Complaint in the name of the plaintiff. (Tuason v. Bolanos, 95 Phil 05 (1954)) —Advivers: Atty, Guevarra,Aty Arcoye Aty, Salvador Ay, Vina jadge Bonifacio; Heads: Carissa Faylona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Cimagals; Volinteers: Grace Escosia, ina Blanka Siva, Nash Marohomsai,K SuarerREMEDIAL LAW REVIEWER. fSATENE ‘The beneficiary shal be included in the tite of the case and shall be deemed to be the real party in interest. ‘A REPRESENTATIVE may be a trustee of an express trust, 2 guardian, an executor or administrator, ora party authorized by law or these Rules. ‘An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without joining the ‘rincipal EXCEPT when the contract involves things belonging to ‘the principat. ‘Section 4. Spouses as parties (GENERAL RULE: Sue or be sued jointly. EXCEPTIONS: 1, Judicial separation; 2. Separation of at least one year; 3 been transferred to the wife; ed pe 2d OPERATIONS 2010 Ca SERIES OF TRANSACTIONS ~ Separate transactions which are directly connected with the same subject matter of the sult. ‘Section 7. Compulsory joinder of indispensable parties Parties in interest without whom no Final determination can be hhad of an action shall be joined either as plaintiffs or defendants. Section 8. Necessary party JOINT DEBTORS ~ indispensable party in a suit against him but ‘necessary party in suit against his co-debtor. ‘Section 9. Non-joinder of necessary parties to be pleaded Duty of a pleader whenever a necessary party it not joined or impleated: 1. State the name of the necessary party, f known; and Separation of property agreed upon in the 2 State why said necessary party Is omitted in the settlements; Pleading, 4 cee ty fnarviage has Shards the 8H find the reason for’ the omission 5. Rates betwen honda ee 7 elnino ay Jz ee offense; Ziel of eee z 8. Utigation i incidental othe . business in which she f © i a 9 Gl acto fered to I Arte 25 fa the Ga) | 1 fom , it may order the inclusion of the omitted if Jurisdiction over bis person may be obtained =" by ordering plant to file an amended complaint impleading, te NOTE: The fal to compl with the court's oder oincudeor party without justifiable cause shall be deemed cadeor "2 ane ofthe an ait sucha 10, Gust é oe to Section 5. Minor or incompetent te, ihe : Ke, sl vcr fay pty wo se be new an A suit may be brought by or against 2 minor or ‘cannot be obtained, he may be made a defendant and the wit the assistance of his parents or his guardian ‘A person NEED NOT be judicially declared Incompetent, it being. sufficient that his incompetency be alleged in the corresponding. pleadings. ‘Section 6. Permissive jainder of parties PERMISSIVE JOINDER ~The rule on permissive joinder of parties is that they can be joined in one single complaint or may ‘themselves maintain or be sued in separate suits. REQUISITES OF PERMISSIVE JOINDER OF PARTIES: 1. Right to relief arises out of the SAME TRANSACTION or SERIES OF TRANSACTIONS; 2. There is a QUESTION OF LAW OR FACT COMMON to all the plaintiffs or defendants; and 3. Such joinder is NOT OTHERWISE PRESCRIBED by the provisions of the ruies on jurisdiction and venue. ~ Advisers: Atty. Guevarra Atty. Arroya,Aty.Slvadr Ay, Vinkaan Judge Boni; Heads reason therefore shall be stated in the complaint. ‘Section 11. Misjoinder and non-joinder of parties Neither misjoinder nor non-joinder of parties is a ground for isenissal ofthe action. NOTE: Objections to defects in parties should be made at the ‘earliest opportunity (e4., the moment such defect becomes ‘apparent) by a MOTION TO STRIKE THE NAMES OF THE PARTIES. impleaded. Objections to misjoinder cannot be raised for the first time on appeal. The nonoinder of an indispensable or a necessary party is not by itself ipso facto a ground for the dismissal ofthe action. The ‘court should order the joinder of such party and non compliance. with the said order would be a ground to the alsmissal of the: action (Feria, 2002). ia Fay, Maria Kristina Santas, ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia na Bian Siva, Nash Marohomisali, K Suarer |Any daim against 2 misjoined party may be severed and proceeded with separately. Section 12. Class suit ‘CLASS SUIT ~ An action where one or more may sue for the benefit of all, implying that ifthe partes are numerous and it impracticable to bring them to court, one or more may sue for their benefit. NOTE: Whether the suit s or is nota class suit depends upon the attending facts. [REQUISITES OF ACLASS SUIT: 1. Subject matter ofthe controversy is one of common o ‘GENERAL INTEREST to many persons; 2. The parties affected are so NUMEROUS that it & impracticable to join them all as parties; 3. Parties bringing the class suit are _syefiGienTey NUMEROUS AND REPRESENTATIVE of ‘the class and ean fully protect the interests ofall t and 4. The complaint must specifically state that the same i. being "broueht IN BEHALF of others with whom th parties share a common interest ae Gey tee NOTE: Any party in interest shall have the protect his individual Interest. (Thi a inline when porn ‘may intervene as 0 matter of right.) persons (There isa Community of _____ interests) Section 13. Alternative Defendants ‘Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any OR all of them in the altemative, although 2 right to relief ageinst one may be Inconsistent with a right to reliof against the other. ‘Section 14. Unknown identity or name of defendant REQUISITES: 1. There is 9 DEFENDANT; 2. His identity or name is UNKNOWN; 3. FICTITIOUS NAME may be used because of ignorance of defendant's true name and said ignorance is akeged inthe complaint; siya OPERATIONS 2018 Gs tener to: 4. Identifying DESCRIPTION may be used; sued as ‘unknown owner, heir, devsee, or other designation; 5. AMENDMENT to the pleading witen identity of true name's discovered; and 6. Defendant is the DEFENDANT BEING SUED, not a mere additional defendant. NOTE: Service of summons upon a defendants whose identity is ‘unknown may be made by publication na newspaper of general Circulation (sec. 14 of Rule 14). The action must however be ‘converted into an action in rem or quasi in rem by attaching the defendant's property in the Philippines. Section 15. Entity without juridica! personality as defendant REQUISTES: 1. There are two or more persons NOT ORGANIZED AS A co JURIDICAL ENTITY; "2, They enter into a TRANSACTION; and 3A wrong or DELICT is committed against a third person © athe coute of such transaction. 2°! NOTE: Persois associated in an entity’ without juridical "personality may be sued under the name by which they are 2 eral or commonly trae, butt coont ase ener oad ‘ame. : 6 The service of summons may be effected upon al the __efendants by serving upon any of them, OR iif the person in 9 Share ofthe ofce or pace of business maintained under such "name (Sec Rule 14), Jn.thanswer of such defendant, the names and addresses of {atthe persons composing said entity must all be revealed. GENERAL RULE: All members of an association of natural ‘persons not organized as a juridical entity are to be made parties toasut eXCEPTIONS: 4. When the parties are so numerous that it is practicable to bring them all before the court; 2. When twa or more persons associated in any business, transact such business under a common name; o 3. Co-ownership. INSTANCES WHERE SUBSTITUTION OF PARTIES IS PROPER: 1. Death ofa party, 2. _Incompetoncy oF incapacity of party; 3. Transfer of interest; or 4. Action an contractual money claims. ~~ —Aibvisers: ity. Guevara ity. Arroyo,Aliy, Sahar Atty, Viniua judge Bonflado; Head: Garssa Favlona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Gimagala; Volunteers: Grace Escosia, na Blanka Silva, Nash Marohomsalc K Suarer 10Section 16. Death of party; duty of counsel ‘This provision applies where the claim is NOT thereby ‘extinguished as in cases involving property and property rights such a 1. Recovery of real and personal property against the ‘state; Enforcement of fiens on such properties; and Recover for an injury to person or property by reason ‘of tortor delct committed by the deceased. 2 3. Duty of the counsel upon the death of cient: 1. To inform the court of his client's death within 30 days after such death; and To take steps necessary to safeguard the decedent's interest 2 {In this case, the heirs will be substituted for the deceased OR if ‘no legal representative is named then the court wal lee ‘opposing party to procure the appointment of an eéGeutor or ‘administrator for the estate ofthe deceased, the court may appa» guano ts forthem. f git, oO i Ee ge The substitute defendant need not be fimméGed.nie- ORDER: * Lath a 2T88 whe rae (OF SUBSTITUTION shall be served uport tf partie ‘Section 17. Death or separation of a party officer REQuistTEs: 1 Public officer is @ PARTY TO AN ACTION in capacity; During the pendency of the action, he either DIES, RESIGNS, OR OTHERWISE CEASES to hold office; 3. tis satisfactorily shown to the court by any party, Within 30 days after the successor takes office, the there Is a SUBSTANTIAL NEED for continuing or ‘maintaining the action; That the successor ADOPTS OR CONTINUES OR THREATENS TO ADOPT OR CONTINUE the action of his predecessor; and 5. The pany or officer affected has been given REASONABLE NOTICE of the application therefore and accorded an opportunity to be heard. Section 18. Incompetency or Incapacity The action survives and may be continued by or against the Incornpetent or incapacitated person assisted by his legal ‘guardian or guardian ad litem, 2 + Pd OPERATIONS 2016 Section 19. Transfer of Interest NOTE: The transfer of interest efers to a transfer that occurs during the pendency of the action. The transferor would no longer be the real party in interest if the transfer is made before the commencement of the sult (GENERAL RULE: The rule does not consider the transferee an indispensable party. Hence, the action may proceed without the ‘need to implead him. EXCEPTION: When the substitution by or joinder of the transferee is ordered by court. The case will bo dismissed i the interest of plaintiff is transferred to defendant UNLESS there are several plaintifis, in which case, the remaining plaintiffs can processed with their ‘own cause of action. in rec teermeeaio SL The action must primarily be for. RECOVERY OF MONEY, DEBT, OR INTEREST thereon: The ‘aim subject of the aéton’ arose from a CONTRACT, express or implied, entered into by the decedent in his lifetime or the liability for which had been assumed by or is imputable to him; and Defendant dies BEFORE THE ENTRY OF FINAL JUDGMENT in the court in which the action was valle NOTE: 1 death ofthe defendant will not result inthe dismissal 43 . action. The deceased shall be substituted by his legal “*fepresentatives in the manner provided for in Section 16 of Rule and the action continues until the entry of final judgment. However, execution shal not issue in favor of the winning party. it should be filed as a claim against the estate of the decedent ‘without need of proving the claim, ‘Section 21. Indigent party Indigent - one who has no money or property sufficient and available for food, sheher, and basic necessities While the authority to litigate as an indigent party may be ranted upon an ex parte application and hearing, it may be contested by the adverse party at any time before judgment is rendered, ~~ Adviser: Atty. Guevara, Atty. Arroyo Aty. Salvador Ady, Vinluan,hadge Boni ‘larissa Fayiona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, Ina Banka Siva, Nash Marohommsalic KSuavee a& ig ENS one fs authorized to litigate as an indigent, such authority shall Include: 1 2 ‘An exemption from the payment of docket fees; and ‘An exemption from the payment of transcript of stenographic nates. ‘Section 22. Notice to the Solicitor General Im any action involving the validity of any treaty, law, ordinance, ‘executive order, presidential decree, rules or regulation, RULES VENUE OF ACTIONS ‘VENUE ~ The place trial or geographical location in which an _action or proceeding should be brought. The rule on VENUE IS NOT APPLICABLE in cases: 1. Where a specific rule or law otherwisé fei an action for damages rising from a 2. The parties have validly agreed in filing of the action in the exchisive (Section 4). REQUISITES FOR VENUE TO BE EXCLUSIVE: 1. Avalid WRITTEN agreement; 2. Executed by the parties BEFORE the filing of the ‘action; and 3. EXCLUSIVE nature of the venue. ‘The venue stipulation must clearly indicate, through ‘qualifying and restrictive words, that the parties deliberately intended to exclude causes or actions from the operation of the ordinary permissive rules on venue, and that they intended contractually to designate a specific venue to the exclusion of any other court also competent and accessible to the parties under the ordinary rules on the venue of ‘actions. (Philippine Banking Corporation v. Tensuan (1993)) CENTRAL BAR OPERATIONS 2010 ‘Examples of qualifying or restrictive words: © “Only” “Solely” “Exclusively inthis cour” Section 1. Venue of real actions ‘The venue Is the place where the real property or any portion thereofis located If property is located at the boundaries of two places: File case in either place atthe option of the plaintiff. {case involves two properties located in two different places: 1. if the properties are the object of the same transaction, fle fin any of the two places; or 2 If they are the subjects of two distinct transactions, separate actions should be filed in each place unless property joined. gs, Settion 2: Venive of personal actions RESIDENCE should be viewed or understood in its popular ‘Sense, meaning the personal, actual, of physical habitation ff a person, actual residence or place of abode. (Raymond ‘. Court of Appeals, 166 SCRA 50 (1988) ‘WES VENUE OF PERSDNAL ACTIONS: {ELL Where the plaintf or any of the principal plaints Dee the defendant or any of the principal defendants Tesides; or In the case of 3 non-resident defendant, the action ‘may be brought in the place where he may be found, NOTE: ALL AT THE ELECTION OF THE PLAINTIFF. ‘Means of waiving venue: 1. Failure to object via motion to dismiss; 2. _Affiemative relief sought in the court where the case is filed; Voluntary submission to the court where the case is filed; or laches. 3 4 Section 3. Venue of actions against non-residents 1. NON-RESIDENT FOUND IN THE PHILIPPINES. ‘Personal actions — Where the plaintiff resides; b. _Reafactions ~ Where the property i located. NON-RESIDENT NOT FOUND IN THE PHILIPPINES An action may be filed only when the case involves 2 2Personal status of plaintiff — Where plaintiff resides; Any property of said defendant located in the Philippines — Where the property or any portion thereof is situated or found. ‘The Supreme Court has the power to order a change of venue to prevent miscarriage of justice. ‘+The Court may not motu proprio dismiss @ complaint on the ground of improper venue. An EXCEPTION is provided Section 4 of the Rule on Summary Procedure. (Dacoycoy ¥. IAC, 195 SCRA 642 (1991) ‘Section 4. When Rule not applicable ‘See supra RULES UNIFORM PROCEDURE IN TRIAL weet ‘Section 1. Uniform Procedure excenr, 3 1. Where-zpartcular meinen applies only to either of said 2. In civil cases governed by Procedure 2. Meening of terms le) OPERATIONS 2010 SUMMARY PROCEDURE IN ‘civ cases. Fling of verified complaint ‘th the MTC ‘Court may summon the ‘Court may dismiss the case defendant outright If Defendant fal to answer in 10 REMEDIAL LAW REVIEWER. ens aL OPERATIONS 2010 FORUM SHOPPING — consists of filing muttible suits in different ‘courts, either simultaneously or successively, involving the same parties, to ask the courts to rule on the same or related causes ‘and/or to grant the same or substantialy the same relief. ‘Test to determine the presence of forum-shopping: ‘Whether in the two (or more) cases pending, there is identity of {8} parties, (b) rights or causes of action, and (c relief sought. ‘The certificate is to be executed by petitioner, and not by counsel. {tis required ONLY for complaints or inititory pleadings such as permissive counterclaim, cross-claim, etc. * Certificate of nonforum shopping is not required ina compulsory counterclaim. A count, eet initiatory pleading. (UST Hospital v 382 (1998) * Only individuals vested with authity by a valid board resolution may sign the certificate of si shopping in behalf of a corpfation. Jo athe ‘Court has required that proof of si attached. Failure to provide a getiticabs of noo Foran shopping is sufficient ground to‘diamist the petition. Ukewise, the petition &s subjedt to pismissal if 3 £) certification was submitted unaccompanied Othe Seaton uty. (PAL. PS. Ae CONTENTS OF CERTIFICATION AGAINST FORUM {605 (2006) 1. He has not commenced any action or filed ay eam: involving the same issues in any court, tribunal, or quasi judicial ageney and, to the best of his knowledge, no such other action or claim is pending therein; 2 If there is such other pending action or claim, a complete statement of the present status thereof; and I he should thereafter learn that the same or similar ‘action or claim has been fled or is pending, he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or intiatory pleading has been filed, EFFECT OF FAILURE TO COMPLY: tis nct curable by mere amendment of the pleading but shall be cause for dismissal of the case, without prejudice, unless ‘otherwise provided upon motion and after hearing. EFFECT OF SUMBISSION OF FALSE CERTIFICATION OR NON- ‘COMPLIANCE WITH THE UNDERTAKINGS THEREIN: 1. Indirect contempt; and 2. Without prejudice to the fling of administrative and criminal actions. ‘EFFECTS OF WILLFUL AND DELIBERATE FORUM SHOPPING: 1L._Shall be ground for summary dismissal of the case with reludice; 2. Direct contempt; and 3. Acause for administrative sanctions. * Insofar 2s verification is concerned, there is SUBSTANTIAL, COMPLIANCE if the same is executed by an attorney, It being presumed that facts alleged by him are true to his knowledge and belief. However, the same does not apply as regards the requirement of 2 certificate against forum shopping. The certification must be made by petitioner hme an not by curs Somos vA, 360 SERA S24 RULES _ emer mons uecznons w arzaois Every pleading shal contain ina methodical and logical form a @ plain, concise and direct statement of the ultimate facts, tin the statement of mere evidentiary Facts. dermanefacrs directly form the bases of the right sought to be oF the defense relied upon. if the ultimate facts are alleged, the cause of action would be insufficient. EVIDENTIARY FACTS ‘Those which are necessary to prove the ultimate fact or which furnish evidence ofthe existence of some other facts. Filed by plain? Filed by defendant ‘Must contain a direct ‘Wdefense relied is based on statement ofthe uitimate | law, cite the pertinent legal facts, omitting statement of | provisions thereof, as well a: mere evidentiary facts ‘ts applicability to in Advisers: Atty, Guevarra Aty. Arroyo Aty, Salvador Ay. Vinluan judge Bonifacio; Heads: Caiasa Faylono, Maria Ki Understudy: Roxanne Tadique, Alesis Cimagala; Volunteers: Grace Escain, Ina Bianka Siva, Nash Marohomsalc, KSuarer