CIVIL PROCEDURE

I. Jurisdiction
- Commission on indigeneous groups will only have jurisdiction if between disputing tribes
- Threshold amounts
- Exceeding 300k, 400k in MM: RTC
- Exceeding 20k, 50k in MM: assessed value involves title to, possession, interest
in RP
- Accion publiciana, jd determined by assessed value of the property
- Jd of courts in petition for Certiorari
- SC, CA, RTC have concurrent jurisdiction
- Tribunal whose action is being questioned are only nominal parties and need not
participate in the proceedings unless required by the Court
- S4, R65: from resolution of quasi-judicial agency (ex. PDIC) go to CA
- If appeal from QJA (CAB, DAR,OP), remedy is petition for review before
CA
- Summary procedure: Not exceeding 100k, 200k in MM
- Small claims: 400k (purely money claim)
- Civil aspect arising from delict not included
- Barangay conciliation
- Only cases involving parties residing within same barangay/city, or adjoning
barangay/city
- Not required if includes prayer for provisional remedy
- Certification issued by barangay to show there was prior barangay conciliation is
waivable
- Special Jurisdiction
- If case assigned to regular court (instead of special court), case will be re-raffled

II. Filing Fees

- Filing fees is jurisdictional
- Court does not automatically lose jurisdiction if parties relied in good faith on
assessment and unless there was intent to defraud
- Filing fees on supplemental complaint required or else court will not acquire jd on relief
sought in supplemental complaint
- When there is a lien on judgment award
- If no relief sought and court awards
- Interest that accrues while action is pending
- Indigent party
- Metered claim: claim that accrues during pendency of action
- Indigent
- Indigent party: R3 S21 someone whose income and that of his immediate family
does not exceed double the minimum wage and does not own real property with
FMV exceeding 300k
 - Exempt from payment of filing fees for time being, entitled to receive TSNs for
free
- Court can exercise discretion that income is not sufficient for food, clothes, basic
necessities

III. Ordinary Civil Action

- Every ordinary civil action must have a COA
- COA: violation or breach of right of another
- Elements: right, duty to respect right, violation or breach
- Splitting COA
- Pendency of one or judgment in other will result in dismissal of case
(LP/RJ)
- One suit for a single cause of action
- Joinder of COA (S5R2)
- Not mandatory, only permissive
- If suit of one party against just one defendant, it need not arise from same
transaction/series of transactions
- Permissive joinder of parties (if there are multiple plaintiff/defendants)
- Common question of fact/law
- Arise from the same transaction/series of transactions
- Cannot join those covered by special rules/special civil actions
- If there are several causes of action, joinder allowed in RTC provided one
of the COA falls within jd of RTC and venue lies therein
- Totality rule: aggregate amount claimed test of jurisdiction
- Parties
- Substitution (R3S16)
- Kinds of Substitution
- S16 by reason of death
- S17 by reason of death, cessation, resignation of public officer
- S19 transfer of interest
- Substitution is not a requirement of jurisdiction; it is a requirement of due
process
- Two parts
- Duty of counsel: inform court of fact of death within 30 days from
fact of death of the party; name legal representative (heir,
executor, administrator)
- Duty of court: issue notice requiring substitute to appear and
order substitution
- There can be a valid judgment even if there is no substitution if heirs
actively participated in proceedings
- In what cases does substitution take place
- A party dies (plaintiff/defendant); and
- Action not extinguished by reason of death
 - S20 applies if defendant died and contractual money claim or recovery of
sum of money
- No substitution but action will continue against estate
- S17 by reason of death, cessation, resignation of public officer
- Successor will substitute if there is a showing that S
adopts/threatens to adopt act of predecessor; there is notice and
opportunity to be heard
- S19 transfer of interest
- Court can order that transferee be impleaded OR that there be
substitution
- Indispensable party: impleaded to have a final determination; Necessary
party: impleaded to have a complete determination
- If IP not impleaded and proceeds to judgment: judgment is void
- There must be order to implead IP; failure to implead ground for
dismissal
- If ordered to implead NP and failed to do so, claim against NP is
waived
- Non-juridical entity CANNOT be a plaintiff in an action, but can be a
defendant
- In his answer, he should disclose name of members and
addresses
- Non-juridical entity to be incorporated cannot be a party; only
natural persons, juridical parties, entities authorized by law
(estate, sports organization, political parties)
- Class suit
- common/general interest; so numerous that is impracticable to bring them
all in court; whether or not they represent the parties adequately
(adequacy of representation)
- If there is diversity of interest, regardless of the number of parties, not
class suit
- Common interest: Oposa vs Factoran
- Note: Writ of Kalikasan filed before CA (any division) and SC, damage to
environment is of such magnitude that it affects two or more
cities/provinces; return can be filed in CA or RTC (if directed to CTA); WK
different from citizen’s suit
- Venue
- FIRST: Look at what type of action: real or personal
- Real: where property situated; personal: where principal
plaintiff/defendant resides
- Parties can freely stipulate as to venue (for both real and personal)
- Look for words of exclusivity; if none, venue stipulated is only in
addition to what is provided by law
- If there are several agreements, venue stipulation in most recent
agreement prevails (?)
 - Venue stipulation will not apply if you are not a party to the agreement
and contesting the validity of agreement
- If subject matter of breach is not matter covered by agreement, venue
stipulation will not apply
- Court cannot dismiss case motu proprio on ground of improper venue
(allowed only for LLRP); only party can raise it as ground for MTD
- Summary Procedure
- REMEMBER PROHIBITED PLEADINGS
- MR of judgment
- Petition for Certiorari, Prohibition, Mandamus
- Pet for Relief of Judgment
- Extension of Time
- Dilatory motions for cancellation of hearing
- Reply
- Motion to declare defendant in default
- Applies only in MTC as court of original jurisdiction; does not apply to
RTC as court of appellate jurisdiction
- If defendant fails to file answer, court can already render judgment based
on complaint; preponderance of evidence only required after submission
of papers and affidavits after preliminary conference
- PetCert/PetRelief allowed under extraordinary circumstances
- Ejectment R70
- Decision of MTC in ejectment cases is executory but can be
stayed by filing notice of appeal within reglementary period,
payment of DF, posting of supersedeas bond, deposit rentals
monthly (S19 R70)
- Decision of RTC as appellate court is executory but cannot be
stayed by appeal; executory unless TRO/preliminary injunction
obtained from next level court/CA; execution is a matter of right
(not execution pending appeal)
- Preliminary mandatory injunction can be applied for in ejectment
cases within 5 days from filing of complaint in MTC (to take
possession while matter is pending); or in RTC within period to
perfect an appeal
- Reply
- Not a mandatory pleading
- To meet new matters raised in the answer
- If no reply, new matters raised in the answer deemed controverted
- Actionable document in answer should still be specifically denied under
oath. Otherwise, it is deemed admitted
- Third-party complaint
- Leave of court required
- Function: for contribution, indemnity, subrogation or other relief (IMPT)
- Counterclaim
 - CNFS/filing fees not required for CC; required for PC
- Verification and CNFS
- Party needs to sign (if multiple parties, all parties)
- Individual can authorize to sign by SPA
- Juridical entity can authorize one of its officers to sign by Boardres
embodied in SecCert
- Contents of verification: (1) allegations are true and correct based on
personal knowledge or authentic documents on record
- CNFS not required for motion for issuance for writ of possession
- Judgment/order on writ of possession not subject to rule on revival of
judgment by independent action (S6 R39)
- False CNFS or non-compliance with undertaking: dismissed with
prejudice (without prejudice to criminal/administrative sanctions); indirect
contempt
- If willful and deliberate, summary dismissal and direct contempt
- Signature: lawyer commits that pleading is based on knowledge, information and
belief (KIB) and there is good ground to support it and that it is not interposed for
delay
- If unsigned, it produces no legal effect
- Failing to change address, lawyer can be administratively liable
- Actionable document
- How to allege? Produce the text in body of pleading or reproduce
substance or attach copy/original
- If basis of action is actionable document: specifically deny under oath
(deny in body with verification or execute separate affidavit) or else
existence and due execution deemed admitted (amounts to judicial
admission R129 S4)
- Exceptions: if not party to actionable document, order to produce
document and failed to comply
- Default
- Counterclaim not timely raised is barred
- When party declared in default? Failure to file answer and proof of such
failure
- File motion to lift order of default on ground of extrinsic fraud, mistake,
accident, excusable negligence (FAME) under oath
- When to file motion to lift order of default? No period stated
- Judgment by default; remedies: file MNT, appeal, petition for relief from
judgment (if decision is final and executory), petition for certiorari
- Note: only party can file petition for relief from judgment, petition
for relief from denial of appeal; not party but involves action in rem
(ex. distribution of estate)
- Petrel cannot be filed before CA (available only in TC that
rendered judgment); remedy filed if you did not lose MR/appeal by
reason of your fault
- Bill of Particulars
Civil Criminal

R12, MBP filed anytime before answer R116,S9 MBP filed before
arraignment

RGCT: should be based on ground in

R116

- MBP can be granted/denied outright or court can set it for hearing

- Failure to file BP will result in dismissal of complaint or allegations can be
stricken off
- Grant/denial of BP is an interlocutory order; defendant can file MR, R65,
or file answer in remaining period
- If information appears to be insufficient, remedy is bill of particulars (not
MTQ)
- Service and Filing R13
- Service by the court S9? Personal or Registered Mail
- Service of a party
- Personal: to him personally, personal of suitable age and
discretion in residence and residing therein, person in charge of
office (note: aka substituted service of summons in R14)
- Registered
- Ordinary mail
- Proof of Filing
- That document appears in records of case
- That there is a copy with stamped acknowledgment duly signed by
clerk of court and dated
- “Notice to file answer” different from summons; summons can be made
by publication
- Preferred service of summons is personal service (actions in
personam/quasi in rem)
- There should be impossibility of personal service, repeated
attempts alleged in sheriff’s return before substituted
service/publication can be resorted to
- Substituted Service in R13 (service of pleadings)
- Unsuccesful attempt to file by registered mail, duty to file
- Priority of service is personal service - if not, make explanation as
to why not personal service/filing
- Proof of Service
- Personal service
- Written acknowledgment
- Affidavit of person serving if there is refusal/resistance to
receive
 - Official return
- Ordinary mail service
- Affidavit of person serving
- Registered mail service
- Registry receipt
- Registry return card
- Affidavit of person serving
- If document was return, unclaimed document should be
filed
- Lis Pendens
- If only object is sum of money, it cannot be subject of lis pendens;
LP only for action affecting title, use, occupation (OUT) of property
- How to cause annotation? File written memorandum with RD
where property located naming parties to/title of action and
making description of property with TCT
- How to cancel? Court order required. Show that it is only to molest
adverse party and that it is not necessary to protect title
- No notice of LP if there is attachment, execution, probate of will
- Amendment
- As a matter of a right: before an answer, file a notice
- After answer: upon motion
- Amendment to conform with the evidence (R10 S5): what was
proven during trial different from what was alleged
- If party does not object, can be amended even after
judgment
- If party objects, left to sound discretion of court
- Summons
- Individual:
- Personal (need not be in address indicated on complaint,
can be served anywhere in Ph where defendant is found)
- If there is refusal, tender
- Substituted service of summons: if there is repeated
attempts (three times on two separate days) with showing
of impossibility of personal service
- Person of SAD in residence and residing therein
- Person in charge of office: president or GM
- Juridical person:
- Domestic corporation: MEMORIZE P,GM,MP,CS,T,IHC
(S11) (EXCLUSIVE unless there are repeated attempts to
evade)
- Note: There was voluntary appearance by filing
MTD/motion to discharge attachment/seeking relief
from court
- Foreign juridical entity: (S12)
 - If transacting business in PH and has resident
agent/officer found in PH, any of them
- If not registered to do business in PH, with leave of
court through:
- Electronic means (requires proof of service
by EM)
- Publication where corp is found
- RM in last known address
- Extraterritorial service of summons (S15)
- Applies only if individual; if corp, S11/12 (above) apply
- Person not found in PH, does not reside in PH
- Nature of action: involves personal status of plaintiff,
property of non-resident defendant, any other action
involving property where there is a right/interest over the
same
- Personal Service
- Service of Summons by Publication and service by
registered mail in last known address
- Other means as determined by the court
- Temporarily absent: S16, R14 applies- same as S15 OR
substituted service (there should still be repeated attempts)
- R15 IMPT
- NOTICE OF HEARING: Every motion that will not prejudice rts of
AP should have notice of hearing. Absent NH, it is pro forma
- THREE DAY NOTICE RULE: Motion should be filed and served to
ensure receipt thereof 3 days before hearing
- TEN DAY RULE: set hearing no more than 10 days from date of
filing
- MOTION DAY: friday 2pm in afternoon
- OMNIBUS MOTION RULE: all grounds/objections should be
raised when ground is available or else considered waived
- LACK OF PERSONALITY TO SUE vs. LACK OF LEGAL
CAPACITY: lack of personality if not RPI (fails to state cause of
action); disability to sue (minority, insanity, incompetence, lack of
authorization)
- FAILURE TO STATE CAUSE OF ACTION (complaint failed to
state CoA, ground for MTD); LACK OF CAUSE OF ACTION (not
ground for MTD, actually a DTE)
- Preliminary hearing on affirmative defenses is subject to discretion
of court
- If there was a previous MTD filed, denied, and answer
repeats ground to dismiss as affirmative defenses, no
preliminary hearing
- Remedy for denial of MTD
 - MR
- R65 if GAD
- File answer within remaining period
- Can dismissed complaint be refiled? Yes, XPT Res Judicata,
waiver, payment, abandonment, unenforceable under SOF,
prescription
- Dismissal without prejudice not appealable; remedy is R65; if with
other grounds, remedy is appeal
- Forum shopping is ground for dismissal after answer filed; if
BEFORE answer, raise RJ/LP in MTD/answer
- Actions on MTD: grant, deny, order amendment
- If judge orders alias summons, no GAD?
- AS if summons returned unserved/summons lost
- Pre-Trial
- Plaintiff Initiates pre-trial
- Plaintiff has 5 days from when last pleading filed to file ex-
parte motion to set case for pre-trial
- If plaintiff files to do so, court has duty to issue pre-trial
notice
- IMPT: S4 and S5
- Party must be present

Civil Criminal

If plaintiff absent, case dismissed If offended party absent, no dismissal

- Plaintiff’s remedy is appeal
(considered adjudicated on the If accused absent, court can issue
merits) warrant of arrest or forfeit bond in
favor of government
If defendant absent, plaintiff allowed to
present evid ex-parte
- Defendant’s remedy is to file
MR on ground of FAME

Absence of party allowed only if there

is a good reason/excuse given,
another person duly authorized to
appear for PT (upon power of
attorney/Boardres)

Failure to file PTB (submitted at least PTB not required

3 days before pre-trial conference)-
same consequence as for absence

Mediation before pre-trial proper then RGCT: pre-trial proper will have to
JDR commence so issues will be identified,
only if PT unsuccessful or after
 termination will they proceed to
mediation; no JDR

Parties can enter into compromise Offer of compromise is implied

anytime while action is pending admission of liability; XPT mediatable
offenses: settled only as to civil aspect

Admissions in pre-trial can be taken

against accused if in writing and
signed by accused and counsel

- Intervention R19
- Anytime before rendition of judgment in trial court
- Allowed after judgment if intervenor is indispensable party
- Dismissal of principal action will result to dismissal of complaint/answer-in-
intervention
- Subpoena
- S4 how to quash subpoena ad testificandum
- Not bound thereby
- Failure to tender kilometrage (witness must be within 100km from where
hearing conducted)
- Failure to tender witness fees
- Subpoena duces tecum
- Irrelevant
- Unnreasonable
- Oppressive
- No suffiicient description
- No tender of kilometrage/witness fees
- Court can compel appearance by contempt/issuance of bench warrant
- Deposition
- Can be applied for after pre-trial/after judgment (as long as action is pending)
- How to apply?
- If action filed but before answer, file MOTION
- If after answer, file NOTICE (cf. amendment <->)
- KNOW USES OF DEPOSITION
- To impeach
- Any purpose If deponent is dead, sick, infirm, in prison, appearance
cannot be obtained by subpoena, other analogous circumstances
- Is there deposition in criminal cases
- R S12,13,15 R119 (conditional examination of witnesses) before
court where action is pending
- For accused, his witness is sick/infirm/lives more than
100km from where hearing conducted before any judge in
PH or member of bar in good standing or any inferior court
as directed by superior court
 - Note: provision applies only if action has been filed in
court; if in Ombudsman/DOJ/prosecutor, this provision
does not apply
- Any substitution of parties will not affect deposition previously taken
- Before whom deposition given
- In PH: before any judge, notary public, any person authorized to
administer oath and stipulated upon by parties
- Outside PH: before consul, VC, secretary of legation, letters
rogatory/commission, any person authorized to administer oath and
stipulated upon by parties
- Letters rogatory vs Commission: LR communication from one
judicial authority to another (foreign law on taking deposition
applies); C: appointment of person outside Ph before whom
deposition is taken (Ph law applies)
- Non-compliance with deposition:
- If plaintiff: dismissed, judgment by default, allegations stricken off
- If defendant: case should not be dismissed; court should order deponent
to comply; only if not complied with will consequence apply??
- Limit taking of deposition (grounds for objection) ??
- To annoy, embarass, oppress
- Relevancy
- Privileged
- Deposition before action (perpetuation of testimony)
- Special rule on venue: place where prospective adverse party resides
- Request for admission: after issues are joined after answer is filed
- Contents: request to admit material/relevant facts,
genuineness/due execution of document attached to request
- Failure to respond to request for admission: implied admission
- If fact was subject of a previous denial in answer, need not be
subject of request of admission
- cannot be subject of request for admission: Irrelevant matters;
matters of law; matters of opinion; matters not previously denied
or admitted
- If party who has knowledge of document blatantly denied it, he will
shoulder expenses
- R25 Interrogatories to parties: (cf. written interrogatories under R23)

Interrogatories to Parties R25 Written Interrogatories R23

Can be served upon party to an Can be served to party/non-party

action Any person for that matter

Manner of taking: Direct interrogatories and other

Written interrogatories (no direct, party will respond by cross-
 cross, redirect, recross) interrogatories

Manner of initiation: before -same-

answer, MOTION; after answer,
NOTICE

uses -same-

Required to be served if calling

adverse party on witness stand
XPN: no WI but court may allow
AP to be called if court finds good
reason for it

- Production of books, papers, and documents

- Two subjects:
- Production of books, papers, and documents (as long as not privileged)
- Request to allow entry into premises to inspect, photograph, measure
- Test of relevancy and sufficient description
- Physical and mental examination (R28)
- If physical/mental condition is in controversy
- Applies only upon motion of a party
- R130 S47 XPN to hearsay rule
- Deposition taken in another proceeding can be used in present proceeding
- testimony/deposition of person who is dead/unable to testify
- TEST: Same subject matter/parties/opportunity to cross-examine
- No distinction between deponent inside and outside PH
- R17 S2 plaintiff can dismiss own complaint
- Matter of right if before answer; once, without prejudice to refiling
- Upon motion after answer; counterclaim survives
- proceeded against in separate action UNLESS w/in 15days, party will
manifest that he intends to proceed with it in same action
- Reception of evidence can be delegated to clerk of court when
- Default cases
- Ex parte proceedings
- Parties stipulate
- BUT NOT in adoption cases
- Judgment can be rendered without trial S6 R30
- No factual controversy
- Parties agreed on facts
- In lieu of trial, court can require submission of memorandum
- Clerk of court cannot determine admissibility of evidence even when reception is
delegated to him
- Presentation of Evidence in Civil Cases
- Commissioners
 - Any matter can be referred to commissioner if parties agree
- If parties do not agree, only 3 grounds: long/voluminous accounts, facts to be
established other than the pleadings, there are facts that are needed before court
can render judgment
- There should be an order of reference
- Commissioner can issue subpoena duces tecum and SAT
- Commissioner can determine admissibility of evidence if within order of reference
- Demurrer to Evidence
- Leave of court NOT required for civil DTE after plaintiff completed presentation of
evid on ground of insufficiency of evidence (when formal offer evidence
filed/defendant filed comment/court issued order accepting/rejecting offer)
- Grant of DTE is dismissal with prejudice; remedy is appeal; if appellate court
reverses, defendant can no longer present evidence
- There can be DTE in guardianship proceedings

Civil Criminal

No leave required Leave of court not mandatory but

preferred

If court grants leave, DTE denied,

accused can still present evidence

If without leave, DTE denied, accused

can no longer present evidence

Grant of DTE amounts to acquittal

- Period to file leave: 5 days (non-extendible) ; file DTE within 10 days from order
- RGCT: leave of court can be made orally; resolution can be made orally
- If DTE denied, cannot be appealed from/subject of petition for certiorari

MEMORIZE
Judgment on the pleadings Summary judgment

Answer does not tender issue or No genuine issue as to material fact

otherwise admits material allegations of
complaint
Plaintiff files judgment on the pleadings
after answer is filed; judgment on the
pleadings is full judgment
except as to amount of damages
IMPT: Court can rely on documents,
affidavits, papers outside of the pleadings.
There can be full/partial judgment. Partial:
there are still issues to be resolved

If plaintiff files, after answer

If defendant, anytime
- Compromise judgment
- Judgment on compromise is final and executory
- Immutable unless there are supervening events to stop execution;
creates substantial change of relationship between parties
- Binds only parties who signed compromise agreement
- If party violates, file motion for execution
- Execution
- Revival of judgment: after 5 years from entry of judgment but before 10 years
- Judgment cannot be modified
- Period to enforce judgment by motion 5 years
- Life of writ of execution: 5 years (aka when it can be enforced by motion)
- 30 days duty of sheriff to report on regular basis (R39 S14)
- Venue for action for revival of judgment: depends on nature of judgment
- Real action: Where property located
- Personal action: where parties reside
- Execution pending appeal (discretionary execution) IMPT
- Bond not required
- Requires: motion with notice to other party, good reasons, order granting
EPA must state good reasons; not appealable and can be questioned on
R65
- If after final and executory judgment
- Judgment obligee dies: execution will proceed through E/A
- Judgment obligor dies:
- If it involves interest/lien on property: proceed against E/A
- If money judgment: proceed against estate
- Money judgment: there should first be demand to pay, if he fails to, only then can
there by levy on real/personal property, choice is given to obligor. If obligor
refuses to make choice, PP will go first
- Garnishment can take place only after notice of garnishment has been
sent that requires bank/person in custody of shares to make a report
within a period of 5 days
- If it appears after report that there are sufficient funds, sheriff will issue
notice of release of funds to satisfy payment
- Specific Acts S10
- Court can order that you execute document or order other person to do it
- Sale of property, transfer of possession, removal of improvement
- If demolition, only upon special order of the court
- Duty of court when there is an allegation/claim that certain properties are exempt
from execution, court should ascertain. If not, order or execution is null and void
- If exempt from execution but mortgaged, then not anymore exempt from
execution
- If there’s levy on real/personal property, then there is sale
- No satisfaction of judgmnet unless there is a sale
- No sale valid unless there is a notice of sale
 - Look at Nature of property
- If perishable, notice in 3 public places
- PP, notice in 3 public places for at least 5 days
- RP, notice within a period of 20 days
- Assessed value of at least 50k, publication in NGC required
- Notice to obligor should be given notice at least 3 days before sale,
unless it is perishable then it will be enough that there is a notice
- Third-party claim
- Also in attachment R57 S14, and replevin S10 R60
- Third party claimant serves an affidavit asserting his interest; upon which
execution will be suspended
- If obligee wants execution to continue, he should post bond in favor of
3pc
- Aggrieved party can vindicate his right in same/separate action
- 3pc can vindicate his right in separate action (cannot intervene
because case is done)

Attachment Replevin

Vindicate right in same/separate action

Period of redemption: 1
year for both obligor and
redemptioner
(creditor/lienholder)

If obligor does not redeem,

redemptioner who is last
redeeming party, it can be
consolidated upon him

- Revival of judgment S35

- If buyer in public sale fails to take possession, he can recover price in
same/separate action or he can have judgment revived under his own
name (steps into shoe of judgment obligee)
- Judgment is fully satisfied if writ of execution is returned to court; written
acknowledgment of judgment obligee/counsel; endorsement on face of records
of case
- No execution pending appeal in expropriation cases because funds of
government are appropriated
- Effect of judgment
- Res judicata
- Preclusion of issue/conclusiveness of judgment
- Conclusive as to title to specific thing, relationship of parties, status
 - Probate of will, letters of administration but evidence is only presumptive as to
death in probate of will/letters of administration
- Because will can be probated/letters of adminitration applied for during
lifetime
- Effect of foreign judgment
- Conclusive as to title to specific thing
- Presumptive as to parties and their successors-in-interest
- Foreign judgment not immediately executory
- Action for enforcement of foreign judgment still required, filed before RTC
- Show no collusion, proper notice given to parties, no mistake of
fact/law/fraud, jurisdiction properly acquired
- Arbitral award is to be recognized (not enforced)
- Appeal

Appeal by Certiorari Special Civil Action for Certiorari

Error of judgment Error of jurisdiction

15 days with extension of up to 30 60 days no extension allowed except

days for extraordinary circumstances

Specific mode Observe hierarchy of courts

Mode of appeal
- From MTC in criminal cases (penalty does not exceed 6 years)
- To RTC by notice of appeal (OA)
- From RTC
- To CA by notice of appeal (OA)
- From RTC in exercise of appellate jurisdiction
- To CA by petition for review
- Note: above is same in civil cases
- Record on appeal on special proceedings/cases of multiple
appeals, period is 30 days
- Only mode of appeal to SC is Rule 45
- In civil cases
- in criminal cases, XPT if penalty is death, life imprisonment,
reclusion perpetua, mode of appeal is not a petition for review on
certiorari
- If RTC finds death penalty, subject to automatic review to
CA; CA will render but not ENTER judgment and certify to
SC
- If RTC finds RP/life, NA required, if CA affirms, mode of
appeal to SC is NA (R124, S13)
- If CA reduces penalty to RT, mode of appeal to SC is R45
- Sandiganbayan
 - Decisions of Sandiganbayan in exercise of OJ, mode of appeal is
through NA (regardless of penalty)
- Appealed cases decided by SB, appeal to SC under R45
- If SB imposes death, subject of automatic review to CA
- If civil case, SB has jurisdiction (forfeiture, recovery of ill-gotten
wealth), review of decision of SB is R45
- Rule 50 Grounds for dismissal of appeal in CA
- Failure to file NA/RA/pay filing fees within reglementary period
- Failure to file appellant’s brief
- Failure of appellant’s brief to state assignment of errors
- Failure of appellant’s brief to state page reference on record/table of contents

Provisional remedies
- Attachment
- Grounds for issuance (IMPT) Sec. 1- not simply fraud
- embezzlement /misappropriation in relation to abuse of trust
- Defendant about to depart with intent to defraud and subject of
action arises from obligation
- Fraud in contracting obligation/performance thereof
- If ground for attachment is fraud in contracting
obligation/performance and is cause of action, only way to
discharge is upon posting of counterbond
- “Service of summons prior to or contemporaneous with”
- If complaint filed with prayer for ex parte application for
attachment, court need not acquire jurisdiction over person of
defendant
- If court issues order and require posting of bond, court need not
acquire jurisdiction over person of defendant
- If court enforces order including writ of attachment, jd over person
of dt required
- Contents of an affidavit of attachment:
- Ground under S1
- Cause of action
- No sufficient security
- Amount of order based on money claim/value of property above
all legal counterclaims
- How is attachment served
- If PP, court will take custodia legis
- If RP, annotation on dorsal portion of title of RD
- Shares of stock, writ of garnishment served upon
president/managing agent
- Discharging attachment
- Through counterbond
- If attachment is regular
 - No grounds to support
- Excessive attachment
- Insufficiency of bond
- How attached properties are applied after judgment becomes final
- If perishable goods previously sold, payment therefor will be
applied. If insufficient, levy of RP/PP subject to execution sale
- How to claim damages
- Applies to A, PI, Receivership, replevin
- Claim damages on bond for as long as action is pending
- Preliminary Injunction
- PI cannot be issued ex-parte, always with notice and hearing
- Period of TRO in TC is 20 days; it expires without order granting PI
- CA: period of 60 days
- SC: until further orders of the court
- Requisites:
- Clear and unmistakable right
- Substantial injury/irreparable damage (damage not ascertainable)
- Urgent necessity
- TRO can be issued ex parte by executive judge in multiple sala court or
presiding judge in single sala court (72 hours) for grave and irreparable
injury
- Can be issued by regular court judge for period of 20 days if GII
- Bond required for TRO
- How to discharge a preliminary injunction TRO
- Upon affidavits based on personal knowledge
- Damage suffered is far greater than the applicant and
posting of counterbond
- Garnishee by reason of preliminary attachment need not be party to
action; upon service of writ of garnishment, garnishee becomes virtual
party/forced intervenor by operation of law
- TRO/WPI cannot enjoin final and executory judgment
- TRO cannot be issued for indefinite period of time
- Receivership
- Grounds:
- Property is subject of material injury in danger of being
wasted/dissipated (memorize)
- Stipulated in mortgage agreement
- Security in mortgage has depreciated in value; not enough to
support obligation
- Only provisional remedy that can be applied for even after final
judgment/after it has become final and executory; purpose to aid in
execution and preserve property
- How to dissolve receivership
- By counterbond or there is no reason for receivership
 - Duty of nature of receiver is administrator; manage properties and affairs;
court approval required to dispose
- Action for accounting cannot be basis for receivership
- Replevin
- Contents: IMPT
- Who can apply: registered owner or possessor
- Unlawful deprivation (replevin will not lie if deprivation is lawful)
- FMV of property: basis of bond which is double the value
- When to apply for it: anytime before an answer (but you can apply for
attachment if there’s ground; you cannot recover the very personal
property)
- Redelivery bond:
- Sheriff should hold onto PP for period of 5 days
- If counterbond not posted, it will be delivered to applicant. But if
redelivery bond posted, property will be returned
Special Civil Actions
- Interpleader
- To prevent party filing action from being vexed/harassed
- Filed by party having no interest, or having interest but not inconsistent
with claim of others ? for courts to determine their rights
- Declaratory relief
- Court of original jurisdiction is RTC
- REMEMBER Sec. 1, before breach has taken place
- Will, deed, writen instrument, law, gov’tal regulation, ordinance - for court
to interpret/determine validity
- If there’s a breach, action converted from special civil action to ordinary
civil action
- Declaratory relief proper even for interpretation of internal administrative
rule
- Action for Quieting of Title/Removal of Cloud
- Removal of cloud (remain to be in possession, holder of title): action
instituted in RTC
- Reformation (mutual mistake) RTC
- Consolidation by reason of pacto de retro sale: RTC (judicial
consolidation)
- R64 Review of Decisions of COA and COMELEC
- File petition for Certiorari before SC
- But period is only 30 days
- Certiorari
- Can be used to question judicial/quasi-judicial/ministerial actions of
government
- Executive order not subject to petition for certiorari; should be
subject of declaratory relief
- Prohibition
 - Not available if action sought to be enjoined has already been performed
(fait accompli)
- Will only lie if no appeal or any plain, speedy, adequate remedy
- Mandamus
- For ministerial acts; required by law to be performed
- Will not lie if act requires discretion
- Quo Warranto
- Grounds:
- Usurpation
- Deemed to have forfeited office by reason of an act (ex. General
of PH military who pledges allegiance to US)
- Association that represents to be a corporation when in fact it is
not duly incorporated
- QW is remedy to non-use of legislative franchise
- Who can file at the first instance? Government, solicitor general if directed
by the President, solicitor general upon a sufficient complaint, solicitor
general upon the relation of another person; or aggreived party can
institute action against usurper (S5) but case will be dismissed if it
appears that petitioner is not entitled to the office
- Expropriation (R67)
- Two stages: expropriation and determination of just compensation
- Who can file; government/any instrumentality/local government
- owner/lawful possessor can be defendant in an action
- Government can not proceed with expropriation before order of
expropriation issued; or if there is no longer public use for the
expropriation
- RTC has original jurisdiction, whether real/personal property
- If there are multiple claimants over property, expropriation can proceed
for purpose of determining who is entitled to just compensation
(preliminary determination) but not to determine ownership
- Court can take immediate possession; REMEMBER:
- If under R67, not government infrastructure project: deposit with
depositary bank the assessed value (S2)
- If gov’t infrastructure project: government should pay full/proferred
value=zonal valuation; but court will proceed with determining just
compensation
- If local gov’t effecting expropriation: deposit 15% of FMV; can only
expropriate based on ordinance. However, gov’t cannot acquire
property by way of just passing an ordinance
- Order of expropriation subject to appeal; record on appeal 30 days
- Partition
- All co-owners are indispensable parties; failure to implead an IP renders jt
null and void
- Venue is dictated by nature of property (if real property, where located)
 - If some heirs excluded from partition, they have a remedy because
“paramount rights cannot be prejudiced”
- Distinguish from extrajudicial partition/settlement: no action;
requisites: no will, no debts, guardians ad litem if there are minor;
excluded heir can file a claim within period of 2 years from
distribution or 1 year from removal of disability (if under civil
interdiction/insane)
- If there is a stipulation in action for partition (parties agree), there is a
need for publication (bec already equivalent to extrajudicial partition)
- Mortgage
- Equity of redemption: period of not less than 90 days nor more than 120
days
- For judicial foreclosure: award of court is to pay, and only if you
cannot pay within 90-120 days will there be foreclosure (aka
equity of redemption)
- If law provides for longer period, longer period will prevail (ex.
Lender is a bank and borrower is a natural person, redemption
period is 1 year; if borrower is a juridical entity, 90 days or
registration of certificate of sale, whichever comes first)
- Ejectment R70
- Judgment of ejectment is appealable by Notice of Appeal; MR is
prohibited pleading
- In action for unlawful detainer, demand letter (to vacate) is required. If no
demand letter, complaint will be dismissed
- Most impt allegation in forcible entry: prior physical possession, force,
intimidation, strategy, stealth
- Period to file UD: 1 year from dispossession (or from last demand in UD)
- There is a provisional determination of ownership to determine who is
entitled to possession
- Contempt
- Direct
- Act of disrespect of court in presence of court or so near a judge
- Summary; no notice and hearing
- Remedy is certiorari or prohibition
- Bond required because immediately executory
- Indirect
- Remedy is an appeal
- How to initiate:
- Verified complaint filed and docketed separately
- Upon court’s formal charge, motu proprio
- Note: You cannot file motion for indirect contempt in same
court
- Grounds for indirect contempt (S3, IMPT)
- Failure to comply with writ, order, process of court
 - Civil and Criminal
- Civil: violation of the rights of parties
- Criminal: offense against state
- Administrative contempt: rule on contempt in the administrative agency;
ROC has suppletory application; action will be instituted in RTC where
contemptuous act was committed
- Other notes:
- ROC will not strictly apply in administrative cases; thus there is no reason to
compel use of deposition/written interrogatories