SAN BEDA UNIVERSITY

COLLEGE OF LAW
Mendiola, Manila

COURSE DESCRIPTION:
An in-depth study of the basic principles of jurisdiction and the procedure to be observed in the conduct of
civil cases. It also includes a study of the jurisdiction of various courts of different levels and
administrative or quasi-judicial agencies. The course is centered on the study of Rule 1 to 61 of the 1997
Rules of Civil Procedure and its amendatory circulars and resolutions.

PART 1 – RULES OF CIVIL PROCEDURE

I. PRELIMINARIES

a. Concept of Remedial Law

b. Remedial Law distinguished from Substantive Law

c. Principle of Judicial Hierarchy

d. Prospective Effect of the Rules of Court

1. Bermejo v. Barrios, 31 SCRA 764, 776

e. Applicability to pending actions; retroactivity

1. In the Matter to Declare in Contempt of Court Hon. Simeon Datumanong, 497

SCRA 626, 636-637
2. PCI Leasing and Finance, Inc. v. Go Ko, 454 SCRA 586, 592
3. Go v. Subanon, 642 SCRA 367, February 9, 2011
4. First Aqua Traders, Inc. vs. Bank of the Philippine Islands, 514 SCRA 223,
2260227

f. When procedural rules do not apply to pending action

g. Rule-making power of the Supreme Court

1. Art. VIII, Sec. 5(5), 1987 Philippine Constitution

2. Art. VI, Sec. 30
3. Power to amend the rules
4. Power to suspend the rules; power to reverse itself;
5. Limitation on the rule-making power of the Supreme Court

h. Distinctions: Civil Action, Criminal Action, and Special Proceedings

II. GENERAL PRINCIPLES

a. Classification of courts

1. General v. Special
2. Original v. Appellate
3. Exclusive v. Concurrent

b. Other Classes; definitions

1. Delegated Jurisdiction
2. Primary Jurisdiction
3. Special Jurisdiction
4. Territorial Jurisdiction
5. Residual Jurisdiction
6. Universal Jurisdiction
7. Epistolary Jurisdiction

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 -Resident Marine Mammals Of The Protected Seascape Tañon Strait, et al. v.
Secretary Angelo Reyes, et al., G.R. No. 180771, April 21, 2015

8. Expanded Jurisdiction
9. Equity Jurisdiction

-Dr. Joseph Malixi, et al. v. Dr. Glory Baltazar, G.R. No. 208224, November
22, 2017

c. Requisites for the exercise of jurisdiction

1. Definition; how acquired

i. Jurisdiction over the plaintiff/petitioner
ii. Jurisdiction over the defendant
iii. Jurisdiction over the subject matter
iv. Jurisdiction over the issues of the case
v. Jurisdiction over the res

2. Test of Jurisdiction

d. Jurisdictional References:

1. B.P. 129 – Judicial Reorganization Act of 1980

2. Republic Act 7691 – An act expanding the jurisdiction of the MTC, MeTC,
MCTC, amending B.P. 129

3. P.D. 1486; 1606; Republic Act 7975 – Sandiganbayan

i. Serana v. Sandiganbayan, G.R. No. 162059 January 22, 2008

ii. Gen. Garcia v. Sandiganbayan, G.R. No. 165835 June 22, 2005

4. Republic Act 8369 – Family Courts Act

III. GENERAL PROVISIONS

a. Rule 1, Secs. 2-3

1. In what courts applicable

2. Cases governed

b. Rule 1, Sec. 4 – In what cases not applicable

1. Atienza v. Board of Medicine, 642 SCRA 523 February 9, 2011

2. Bantolino v. Coca-cola Bottlers Phil., Inc., 403 SCRA 699, 703
3. Panuncillo v. CAP, Phils., Inc. 515 SCRA 323, 341
4. Ong Chia v. Republic, 328 SCRA 749, 756

c. Rule 1, Sec. 5 – Commencement of action

1. Conditions Precedent
i. Katarungang Pambarangay Law

a. Lumbuan v. Ronquillo, G.R. No. 155713 May 5, 2006

2. Payment of docket fees

i. Sun Insurance Office, Ltd., v. Asuncion, 170 SCRA 275 (1989)

ii. Alday v. FGU Insurance Corporation, G.R. No. 138822 January 23,
2001
iii. Korea Technologies, Ltd. v. Hon. Lerma, G.R. No. 143581 January 7,
2008
iv. Proton Pilipinas Corporation v. Banque Nationale de Paris, G.R. No.
151242, June 15, 2005

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 v. Ruby Shelter Builders v. Formaran, G.R. No. 175914 February 10,
2009
vi. Saint Louis University v. Cobarrubias, G.R. No. 187104 August 3,
2010
vii. Gipa v. Southern Luzon Institute, G.R. No.177425 June 18, 2014

d. Rule 1, Sec. 6 – Construction

1. F.A.T. Key Computer System v. Online Networks International, Inc. 641 SCRA
390, 408 February 2, 2011
2. City of Dumaguete v. Phil. Ports Authority, G.R. No. 168973, August 24, 2011
3. Abrenica v. Law Firm of Abrenica, Tungol and Tibayan, 502 SCRA 614, 622

IV. ORDINARY CIVIL ACTIONS

a. Rule 2 - Cause of Action

1. Distinctions: Cause of Action v. Right of Action (Secs. 1-2)

i. Relucio v. Lopez, G.R. No. 138497. January 16, 2002

ii. Virra Mall Tenants Association, Inc. v. Virra Mall Greenhills Association,
Inc. G.R. No. 182902 October 5, 2011

2. Elements of a Cause of Action

i. Manzanal v. Illusorio, 636 SCRA 563, 570

ii. Philippine Long Distance Telephone Company v. Fingal, 644 Phil. 675,
683 (2010)

3. Distinctions: Real Action v. Personal Action

4. Section 3 - One suit for a single cause of action

i. Chu v. Sps. Fernando, G.R. No. 156185 September 12, 2011

5. Section 4 - Splitting a single cause of action

i. Del Rosario v. Far East Bank and Trust Company, G.R. No. 150134
October 31, 2007
ii. CGR Corporation v. Treyes, Jr., G.R. No. 170916 April 27, 2007
iii. Mariscal v. Court of Appeals, 311 SCRA 51

6. Section 5 - Joinder of causes of action

i. Flores v. Mallare – Phillipps, 144 SCRA 277 (1986)

7. Section 6 - Misjoinder of causes of action

i. Ada v. Baylon, G.R. No. 182435, August 13, 2012

b. Rule 3 - Parties to Civil Actions

1. Section 1 - Who may be parties

i. Natural persons
ii. Who are Juridical Persons with capacity to sue
iii. Entities authorized by law

2. Section 2 – Parties in interest

i. Who is a real party in interest?

a. Rayo v. Metrobank, G.R. No. 165142 December 10, 2007

b. Stronghold Insurance Co., Inc. v. Cuenca G.R. No. 173297
March 6, 2013

ii. Real party in interest v. Locus Standi

a. Baltazar v. Ombudsman, G.R. No. 136433 December 6, 2006

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3. Section 3 – Representatives as parties

i. Oposa v. Factoran, 224 SCRA 792 (1993)

ii. Domingo v. Scheer, 421 SCRA 468
iii. Uy v. CA, 492 SCRA 535
iv. Sustiguer v. Tamayo, 176 SCRA 579, 590
v. Palmiano-Salvador v. Angeles, G.R. No. 171219 September 3, 2012
4. Section 4 – Spouses as parties

i. Read in relation to Articles 111 of the Family Code, 1207, 1216 of the
Civil Code.

5. Section 5 – Minors or incompetent persons

6. Section 6 – Permissive joinder of parties

7. Section 7 - Compulsory Joinder of indispensable parties

i. Sps. Garcia v. Garcia, G.R. No. 169157 November 14, 2011

ii. Sepulveda, Sr. v. Pelaez, G.R. No. 152195 January 31, 2005
iii. MWSS v. Court of Appeals, 297 SCRA 287
iv. Bacalso v. Padigos, G.R. No. 173192 April 18, 2008
v. Mendoza v. Coronel, G.R. No. L-34124 April 30, 1985
vi. Navarro v. Escobido, G.R. No. 153788 November 27, 2009
vii. Distinctions: Indispensable party v. Necessary party

8. Sections 8&9 – Necessary party or proper party

i. Agro Conglomerates, Inc. v. CA, G.R. No. 117660 December 18, 2000
ii. Laperal Devt. Corp. v. Court of Appeals, 223 SCRA 261

9. Section 10 - Unwilling co-plaintiff

10. Section 11 - Misjoinder and non-joinder of parties

i. Strangers to a case

a. Orquiola v. Court of Appeals, G.R. No. 141463 August 6, 2002

11. Section 12 - Class suit

i. Requisites

a. Mathay v. Consolidated Bank & Trust Co., 58 SCRA 559

b. Atty. Sylvia Banda, et.al. v. Eduardo Ermita, G.R. No. 166620
April 20, 2010

ii. Instances when there is no class suit

a. Interests are conflicting

b. Filed by a corporation to recover the property of its members
c. To recover real property individually held
d. To recover damages for personal reputation
e. In an action to recover damages sustained due to their exposure
to toxic wastes and fumes emitted by the cooking gas plant of a
corporation located in the town
f. In an action for damages filed by the relatives in a plane crash

12. Section 13 – Alternative Defendant

i. Insurance Co. of North America v. United States Lines Co., G.R. No. L-
21839 April 30, 1968

13. Section 14 - Unknown identity or name of defendant

14. Section 15 - Entity without juridical personality as defendant

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 15. Section 16 – Death of a party

i. Requisites
ii. Effect of non-substitution of a deceased party

a. Heirs of Bertuldo Hinog v. Melicor, 455 SCRA 460

b. De la cruz v. Joaquin, 464 SCRA 576
c. Florendo v. Coloma, 129 SCRA 304
d. Regalado v. Regalado, G.R. No. 196919 June 6, 2011

iii. Test to determine whether an action survives the death of a party

a. Cruz v. Cruz, G.R. No. 173292 September 1, 2010

b. Jardeleza v. Sps. Jardeleza, G.R. No. 167975 June 17, 2015

iv. Actions that survive the decedent in relation to Rule 87:

a. Action to recover real or personal property against the estate

b. Actions to enforce liens thereon
c. Actions to recover for an injury to person or property by reason
of tort or delict committed by the deceased

16. Section 17 - Death or separation of a party who is a public officer

i. Commissioner Rodriguez v. Jardin, G.R. No. 141834 July 30, 2007

17. Section 18 - Incompetency or incapacity

18. Section 19 - Transfer of interest

19. Section 20 - Action and contractual money claims

i. Claims which may be proceeded against the estate:

a. Funeral expenses
b. Expenses for the last illness
c. Judgment for money arising from a contract, whether express of
implied
d. Damages (Rule 86, Sec. 5)

20. Section 21 - Indigent party

i. Requirement to be allowed to sue as indigent

a. Sps. Algura vs. Local Government of Naga, G.R. No. 150135

October 30, 2006
b. Acar v. Rosal, G.R. No. L-21707 March 18, 1967

21. Section 22 - Notice to the Solicitor General

i. Cooperative Development Authority v. Dolefil Agrarian Reform

Beneficiaries Coop., G.R. No. 137489 May 29, 2002

c. Rule 4 - Venue of Actions

1. Distinctions: Venue v. Jurisdiction

i. Nocum v. Tan, G.R. No. 145022 September 23, 2005

2. Section 1 - Venue of real actions

i. Briones v. Court of Appeals, G.R. No. 204444 January 14, 2015

ii. Heirs of Lopez v. De Castro, G.R. No. 112905 February 3, 2000

3. Section 2 - Venue of personal actions

i. BPI Family Savings Bank v. Sps. Yujuico, G.R. No. 175796 July 22,
2015

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 4. Section 3 - Venue of actions against non-residents

5. Section 4 - When rule not applicable

i. Pacific Consultants International Asia, Inc. vs. Schonfeld, G.R. No.

166920 February 19, 2007
ii. Auction in Malinta, Inc. v. Luyaben, G.R. No. 173979 February 12, 2007
iii. Briones v. CA, G.R. No. 204444 January 14, 2015
iv. Complimentary-Contracts-Construed Together Doctrine
a. Philippine Bank of Communications v. Lim, G.R. No. 158138
April 12, 2015

d. Rule 5 - Uniform Procedure in Trial Courts

e. Rule 6 - Kinds of Pleadings (Secs. 1-13)

1. Pleading; definition

i. Nature of pleadings
ii. Necessity and purpose of pleadings
iii. Construction of pleadings

2. Pleadings allowed under the rules of court

i. Definition

a. Complaint

b. Answer

i. Affirmative Defense v. Negative Defense

c. Cross-claim

d. Counterclaim

i. Permissive v. Compulsory

ii. Tests to determine if counterclaim is compulsory

iii. Compelling test of compulsoriness

1. Bungcayao, Sr. v. Fort Ilocandia Property

Holdings Development Corporation, G.R. No.
170483 April 19, 2010

e. Reply

f. Third - (fourth, etc.) party complaint

i. Asian Construction and Development Corporation v.

Court of Appeals and Monark Equipment Corporation,
G.R. No. 160242 May 17, 2005

g. Answer to third –(fourth, etc.) complaint

ii. Rule 11 – When to file to responsive pleadings

a. Sections 1-11
b. G.V. Florida Transport, Inc., Vs. Tiara Commercial Corporation,
G.R. No. 201378 October 18, 2017

f. Rule 7 – Parts of a Pleading (Secs. 1-5)

1. Caption

i. Title of the action

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 2. The Body

i. Paragraphs

ii. Headings

a. Designation of causes of action in one complaint

iii. Relief
a. Prince Transport Inc. v. Garcia, 639 SCRA 312 January 12,
2011

iv. Date

3. Signature and address

i. Garrucho v. Court of Appeals, 448 SCRA 165

4. Verification

i. Purpose

a. Medado vs. Heirs of Consing, G.R. No. 186720 February 8,

2012

ii. Who must verify

iii. How verified

a. A.M. No. 00-2-10, May 1, 2000

iv. Contents of the verification

v. Pleadings that need to be verified

5. Certification against forum shopping

i. Forum shopping; defined

a. Asia United Bank v. Goodland Company Inc., 637 SCRA 691

b. Young v. Sps. Sy, 503 SCRA 151, 166
c. Eversley Childs Sanitarium, Represented by Dr. Gerardo M.
Aquino, Jr. (Now Dr. Primo Joel S. Alvez) Chief of Sanitarium v.
Spouses Anastacio Perlabarbarona, G.R. No. 195814 April 4,
2018

ii. Three ways by which forum shopping may be committed

iii. Non-compliance with forum shopping certification; effects

a. No certification
b. False certification
c. Non-compliance with any of the undertakings
d. Willful and deliberate forum shopping

iv. Difference of non-compliance between verification and certification

a. Alma Jose v. Javellana, G.R. No. 158239 January 25, 2012

b. Chua v. Torres, 468 SCRA 358
c. Pampanga Sugar Devt Corporation v. NLRC, 272 SCRA 737
d. Juaban v. Espina, 548 SCRA 588

g. Rule 8 – Manner of Making Allegations in Pleadings

1. Section 1 - In general

i. Ceroferr Realty Corp. v. Court of Appeals, 376 SCRA 144

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 ii. Tantuico, Jr. v. Republic, 204 SCRA 428

2. Section 2 - Alternative causes of action or defenses

i. La Mallorca v. Court of Appeals, 17 SCRA 739

3. Section 3 - Conditions precedent

i. Effect of failure to comply with the condition precedent

4. Section 4 – Capacity

5. Section 5 - Fraud, mistake, condition of the mind

i. How alleged

6. Section 6 – Judgment

7. Sections 7 & 8 - Action or defense based on document; Denial

i. Actionable document; definition

a. How alleged in the pleading
b. How denied

8. Section 10 - Specific denial

i. Purpose of Specific Denial

ii. Kinds of Denial

a. Specific Denial
b. Qualified Denial
c. Lack of Knowledge
d. Negative Pregnant; definition

i. Republic v. Sandiganbayan, G.R. No. 152154 July 15,

2003
ii. Camitan v. Court of Appeals, 511 SCRA 364

9. Section 11 - Allegations not specifically denied deemed admitted

i. Judicial Admission
ii. How express admissions withdrawn
iii. Bp Oil and Chemicals International Philippines, Inc., v. Total Distribution
& Logistic Systems, Inc., G.R. No. 214406 February 6, 2017

10. Section 12 - Striking out of pleading or matter contained therein

i. When court may order a pleading to be stricken out

ii. Pleadings or matters to be stricken out
iii. False allegations

h. Rule 9 - Effect of Failure to Plead

1. Section 1 - Defenses and objections not pleaded

i. Defenses not waived even if not raised:

a. Res judicata
b. Litis pendentia
c. Prescription
d. Lack of jurisdiction over the subject matter
e. Intramuros Administration v. Offshore Construction Development
Company, G.R. No. 196795 March 7, 2018

ii. Omnibus motion rule; in relation to Rule 15, Section 8

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 2. Section 3 – Default

i. Distinction: Order of Default v. Judgement by Default

ii. Nature of default

a. Viason Enterprises Corp. v. Court of Appeals, 310 SCRA 26

b. Monzon Sps. Relova v. Addio Properties Inc., 565 SCRA 514

iii. Requisites before a party may be declared in default

a. Sps. Delos Santos v. Carpio, 501 SCRA 390

iv. Elements of a valid declaration in default

a. Sablas v. Sablas, 526 SCRA 292

v. Effect of declaration in default

a. Monarch Insurance v. Court of Appeals, 333 SCRA 71

vi. Partial Default

a. Effect of partial default

vii. Remedy to a default

a. After notice and before judgment

i. Villareal v. Court of Appeals, 295 SCRA 511

b. After judgment and before such judgment becomes final and

executory

i. Lina v. Court of Appeals, 135 SCRA 637

viii. Implied lifting of the order of default

a. Republic v. Sandiganbayan, 540 SCRA 431

ix. “As in default” – no longer applicable

a. Saguid vs. CA, G.R. No. 150611 June 10, 2003

i. Rule 10 - Amended and Supplemental Pleadings (Sections 1-11)

1. Amendment; how made

2. Effect of an amended pleading over the original
3. Effect of amended pleading over defects in the allegations therein

4. Liberality

i. Barfel Development Corporation v. Court of Appeals, 223 SCRA 268

5. Amendment as a matter of right

6. Amendment as a matter of discretion
7. Amendment to conform to evidence

i. Swagman Hotels & Travel, Inc. v. Court of Appeals, G.R. No. 161135
April 8, 2005

8. Supplemental Pleadings
9. Filing of amended pleadings
10. When amendment not proper

j. Rule 12 - Bill of Particulars (Sections 1-6)

1. When applied; purpose

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 i. Virata v. Sandiganbayan, 221 SCRA 52

2. Requirements for the motion

3. Action of the court
4. Instances when Bill of Particulars Allowed; When it is improper
5. Remedy against order denying Motion for Bill of Particulars

6. Compliance with the Order of the Court granting the Motion for Bill of
particulars

i. Effect of Non-compliance

7. Stay period to file responsive pleadings

i. Fresh period rule

k. Rule 13 - Filing and Service of Pleadings, Judgments and Other Papers (Sections
1-14)

1. Meaning of filing

i. Manner of filing

a. GSIS v. NLRC, 653 SCRA 251, 257

ii. How to prove filing

iii. Papers required to be filed and served

2. Meaning of service

i. Upon whom service shall be made

a. People v. Gabriel, 510 SCRA 197, 202

b. Delos Santos v. Elizalde, 514 SCRA 14, 27

ii. Service upon counsel representing several parties

iii. Mode of Service

a. Marinduque Mining and Industrial Corporation v. Court of

Appeals, 567 SCRA 483, 491-492

iv. When personal service and service by mail deemed complete

v. Substituted service; when complete
vi. How to prove service

3. Notice of Lis Pendens

i. Purpose of Lis Pendens

ii. Effect of Lis Pendens
iii. Actions where notice of Lis Pendens Allowed
iv. Cancellation of Lis Pendens after judgment without court order
v. Power of trial court to cancel notices of lis pendens
vi. Angelica G. Cruz, Anna Marie Kudo, Albert G. Cruz And Arturo G. Cruz
V. Marylou Tolentino and the Office of the Register of Deeds of
Mandaluyong City, G.R. No. 210446 April 18, 2018

l. Rule 14 – Summons (Sections 1-20)

1. Summons; defined

i. Sps. Mason vs. Court of Appeals, G.R. No. 144662 October 13, 2003

2. Nature of Summons

i. Republic v. Domingo, G.R. No. 175299 September 14, 2011

3. Issuance of summons; not discretionary

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4. Effect of knowledge of the filing of action

5. Purpose of summons

i. Velayo-Fong v. Velayo, 510 SCRA 320, 331

ii. Alba v. Court of Appeals, 465 SCRA 495
iii. Asiavest Limited v. Court of Appeals, 296 SCRA 539
iv. PCI Bank v. Alejandro, 533 SCRA 738

6. Voluntary appearance by defendant

i. Manotoc v. Court of Appeals, 499 SCRA 21

7. Who issues the summons; when summons is issued

8. To whom summons is directed; contents of summons
9. Who serves the summons
10. Return and proof of service
11. Issuance of alias summons
12. Uniformity of the rules on summons
13. Service upon entity without a juridical personality
14. Service upon prisoner
15. Service upon a minor and incompetent

16. Service upon a private domestic juridical entity

i. G&G Trading Corporation v. Court of Appeals, 158 SCRA 466

ii. Aboitiz International Forwarders, Inc. v. Court of Appeals, 488 SCRA 492
iii. Paramount Insurance Corporation v. A.C. Ordoñez Corp., 561 SCRA 327

17. Service upon a foreign private juridical entity (Sec. 12, Rule 14 amended by
A.M. No. 11-3-6 – New rule on service of summons)

18. Service upon public corporation

i. Exclusive enumeration

ii. Exception: Substantial Compliance

a. Millennium Industrial Commercial Corporation vs. Tan G.R. No.

131724. February 28, 2000
b. G & G Trading Corporation vs. CA, G.R. No. L-78299 February
29, 1988

19. Service upon unincorporated government agency

i. Republic v. Domingo, G.R. No. 175299, September 14, 2011

20. Service in person of the defendant

i. Tender of summons

a. Miranda v. CA, 326 SCRA 278

b. Hamilton v. Levy, 344 SCRA 821

ii. Substituted service of summons

a. When proper

b. Number of attempts

i. Manotoc v. Court of Appeals, 499 SCRA 21

ii. Afdal v. Carlos, 636 SCRA 389
iii. Jose v. Boyon, 414 SCRA 821

iii. How substituted service made

a. Guanzon v. Arradaza, 510 SCRA 309

iv. Effect if defendant does not automatically receive summons

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 a. Montalban v. Maximo, 22 SCRA 1070

v. When defendant prevents service of summons

a. Robinson v. Miralles, 510 SCRA 678

vi. Requisite of valid substituted service

21. Summons by publication

i. Banco do Brasil v. Court of Appeals, 333 SCRA 545
ii. Cynthia Alaban v. Court of Appeals, 470 SCRA 697

22. Service upon defendants whose identity or whereabouts are unknown

i. Santos v. PNOC Exploration Corporation, 566 SCRA 272

23. Service upon resident temporarily out of the Philippines

i. Extraterritorial service; requisites

ii. Actions involved in extraterritorial service of summons

iii. Mode of extraterritorial service

a. Asiavest Limited v. Court of Appeals, 292 SCRA 539

b. Valmonte v. Court of Appeals, 252 SCRA 92

iv. Summons when complaint is amended

a. Viason Enterprises v. Court of Appeals, 310 SCRA 26, 257-258

m. Rule 15 – Motions (Sections 1-10)

1. Motion; defined
2. Kinds of Motions

i. Litigated
ii. Non-Litigated

3. Contents of Motions

4. Notice and Hearing of motions

i. 3-day notice rule; 10-day setting rule

a. Sarmiento v. Zaratan, 514 SCRA 246

ii. When notice not required

5. Proof of service
6. Motion day

7. Effect of failure to set the motion for hearing

i. Cabrera v. Ng, G.R. No. 201601 March 12, 2014

ii. Preysler v. Manila Southcoast Development Corp., G.R. No. 171872
June 28, 2010

8. Prohibited pleadings/motions in:

i. Summary Procedure
ii. Writ of Amparo
iii. Small Claims Cases
iv. Environmental Cases

n. Rule 16 - Motion to Dismiss

1. Section 1 – Grounds

i. When filed

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 2. Section 2 - Hearing of motion
3. Section 3 - Resolution of Motion

4. Section 4 - Time to plead

i. When a motion to dismiss may be filed even after the answer has been
served and filed

a. Heirs of Valientes v. Ramas, 638 SCRA 444

ii. Laches as a ground for motion to dismiss

a. Pineda v. Heirs of Eliseo Guevarra, 515 SCRA 627, 636

iii. Res judicata as a ground for motion to dismiss

a. FELS Energy Inc. v. Province of Batangas, 516 SCRA 186, 201

b. Concepts of res judicata

i. Topacio v. Banco Filipino Savings and Mortgage Bank,

635 SCRA 50

c. Elements of Res Judicata

d. Application of Res Judicata to quasi-judicial proceedings

i. Heirs of Wenceslao Tabia v. Court of Appeals, 516

SCRA 431

e. No res judicata in criminal proceedings

i. Trinidad v. Office of the Ombudsman, 539 SCRA 415

f. Effect of dismissal of complaint on counterclaim

g. Effect of Granting of motion to dismiss

h. Hearing on the motion to dismiss (Sec. 2, Rule 16)

i. Capiral v. Robles, G.R. No. 173628, Nov. 16, 2011

5. Section 5 - Effect of dismissal

i. When complaint cannot be refiled

ii. Remedy of the defendant if the motion is denied

a. Douglas Lu Ym v. Gertrudes Nabua, 452 SCRA 298

iii. Remedy of the plaintiff if the motion to dismiss is granted.

6. Section 6 - Pleading grounds as affirmative defenses

o. Rule 17 - Dismissal of Actions

1. Dismissal by mere notice of dismissal by plaintiff (Sec.1, Rule 17)

i. Two dismissal rule - Defined.

a. Ramon Ching And Powing Properties, Inc., V. Joseph Cheng,
Jaime Cheng, Mercedes Igne And Lucina Santos, G.R. No.
175507 October 8, 2014

2. Dismissal upon motion of plaintiff (Sec.2, Rule 17)

i. Effect of dismissal upon a counterclaim already pleaded.

ii. Dismissal without prejudice

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 3. Dismissal due to the fault of the plaintiff (Sec. 3, Rule 17)

i. Grounds for Dismissal

a. Failure to appear;
b. Test of Failure to Prosecute;
c. Unreasonable length of time

i. Smith Bell and Co. v. American President Lines Ltd., 94

Phil. 879

d. Failure to Comply with Order of the Court

e. Dismissal for failure to comply with discover procedure
f. Failure to appear at Pre-Trial

ii. Effect of dismissal on the counterclaim

a. Pinga v. Heirs of Santiago, G.R. No. 170354, June 30, 2006

4. Dismissal of a class suit

5. Dismissal of counterclaim, cross-claim or third-party complaint (Sec.4, Rule 17)

p. Rule 18 - Pre-Trial

1. Concept, Nature and purpose of Pre-Trial (Rule 18)

i. Interlining Corporation v. Philippine Trust Company, 378 SCRA 521

2. Effect of Failure to conduct pre-trial

i. National Power Corp. v. Adiong, A.M. No. RTJ-07-2060, July 27, 2011

3. Referral to the Philippine Mediation Center (Adm. Circular No. 20-2002, March
24, 2002; A.M. No. 03-1-09-SC, July 13, 2004)

4. How pre-trial is called; filing of motion by plaintiff (Sec.1, Rule 18)

5. When motion is filed by plaintiff (Adm. Circular No. 3-99, Jan. 15, 1999; A.M.
03-01-09-SC)

6. Last pleading filed - meaning

i. Sarmiento v. Juan, 120 SCRA 403, 408

7. Notice of pre-trial (Sec. 3, Rule 18)

i. Agulto v. Tecson, 476 SCRA 395

8. Appearance of parties and counsel in pre-trial (Sec. 4, Rule 18)

i. Senarlo v. Judge Paderanga, 617 SCRA 247

ii. Real Bank Inc., v. Samsung Mabuhay Corp. 633 SCRA 124

iii. How non-appearance is excused

a. Durban Apartments Corp. v. Pioneer Insurance and Surety Corp.

639 SCRA 441

9. Effect of failure to appear (Sec. 5, Rule 18)

i. By the plaintiff

a. Mondonedo v. Court of Appeals, 252 SCRA 28

ii. By the defendant

a. Mangelen v. Court of Appeals 215 SCRA 230

b. Paredes v. Verano, G.R. No. 164375, Oct. 12, 2006
c. Saguid vs. CA, G.R. No. 150611 June 10, 2003

14
 10. Pre-Trial Brief; Filing and Contents (Sec. 6, Rule 18)

i. Identification and markings of evidence (A.M. No. 03-1-09-SC, July 13,

2004)
ii. Legal effects of representations and statements in pre-trial brief

iii. Effect of failure to file a pre-trial brief

a. Ramos v. Spouses Lavendia, 568 SCRA 293

iv. No termination of pre-trial for failure to settle

v. One day examination of witnesses rule; Most important witness rule;

Questions are to be asked by the judge (A.M. No. 03-1-09 SC)

11. Records of Pre-Trial (Sec. 7, Rule 18)

i. Pre-trial Order; Contents (Adm. Circular No. 1-89); When issued (A.M.
No. 03-1- 09-SC)

a. Heirs of Conahap v. Regaña, 458 SCRA 741

ii. Implied issues are deemed included in the pre-trial order

a. Philippine Export and Foreign Loan Guarantee Corp. v.

Amalgamated Management and Development Corp., G.R. No.
177729, September 28, 2011

12. Distinction between pre-trial in civil case and in criminal case

13. Preliminary conference under the Revised Rules on Summary Procedure
14. Preliminary conference in the Court of Appeals

q. Rule 19 – Intervention

1. Who may intervene (Sec.1, Rule 19)

i. Office of the Ombudsman v. Sison, G.R. No. 185954 February 16, 2010

2. Concept, Nature and Purposes

3. Requisites of Intervention

i. Labrador v. Court of Appeals, 180 SCRA 266

4. How a person may intervene (Sec.2, Rule 19)

i. Improper intervention; remedy

5. When intervention disallowed

i. Gibson v. Revilla, 92 SCRA 219 (1979)

ii. Lazatin v. Campos, 92 SCRA 250 (1979)

6. Effect of Denial of the Motion to intervene; Remedy from Denial

i. Saw v. Court of Appeals. 195 SCRA 170

7. Time to Intervene (Sec. 2, Rule 19)

i. Yao v. Perello, G.R. No. 153828. October 24, 2003

ii. Exception

a. Pinlac v. CA, G.R. No. 91486. September 10, 2003

8. Intervention even after judgment

15
 i. Director of Lands v. Court of Appeals, 93 SCRA 238

r. Rule 20 - Calendar of Cases

1. Section 1 - Calendar of cases

2. Section 2 – Assignment of Cases

s. Rule 21 – Subpoena

1. Kinds of Subpoena (Sec.1, Rule 21)

i. Subpoena ad testificandum
ii. Subpoena duces tecum

2. By whom issued (Sec. 2, Rule 21)

3. Forms and contents (Sec. 3, Rule 21)

i. Universal Rubber Products, Inc. v. Court of Appeals,et.al., 215 SCRA 85,

91
ii. Roco v. Contreras, G.R. No. 158275, June 28, 2005

4. Quashing a subpoena; Grounds (Sec. 4, Rule 21)

5. Subpoena for deposition (Sec. 5, Rule 21)
6. Service of a subpoena; manner (Sec. 6, Rule 21)
7. Compelling attendance (Sec. 8, Rule 21)
8. Failure to obey subpoena - contempt (Sec. 9, Rule 21)
9. Exceptions to Section 8 and 9 of Rule 21 (Sec. 10, Rule 21)

t. Rule 22 - Computation of Time

1. Section 1 - How to compute time

2. Section 2 - Effect of interruption

u. Modes of Discovery

1. Meaning of discovery

2. Purpose of discovery

i. Mercader v. DBP, 332 SCRA 82

ii. Dasmarinas Garments, Inc. v. Reyes, G.R. No. 108229 August 24,
1993

3. Rule 23 - Depositions Pending Action

i. Deposition. Defined

ii. Depositions pending action; leave of court when required (Sec.1, Rule
23)

a. People v. Webb, G.R. No. 132577 August 17, 1999

b. Not applicable in criminal cases

i. Vda. De Manguera v. Risos, G.R. No. 152643 August

28, 2008

iii. Deposition of a prisoner (Sec.1, Rule 23)

iv. Before whom taken (Sec. 10, 11, 13, 14, Rule 23)
v. Examination of the deponent (Sec. 15, Rule 23)
vi. Use of depositions pending action (Sec.4, Rule 23)
vii. Effect of substitution of parties (Sec. 5, Rule 23)
viii. Effect of the taking of deposition of a person (Sec. 7, Rule 23)
ix. Effect of using the deposition of a person (Sec. 8, Rule 23)
x. Oral deposition (Sec. 17, 19, 20, 21, Rule 23)

16
 xi. Deposition upon written interrogatories (Sec. 25, 26 Rule 23)

4. Rule 24 - Depositions Before Action or Pending Appeal

i. Deposition before action (Sec. 1, Rule 24)

ii. Perpetuation of testimony before action (Sec. 3, 4, Rule 24)
iii. Deposition pending appeal (Sec. 7, Rule 24)

5. Rule 25 - Interrogatories to Parties

i. Purposes of Interrogatories to parties (Sec.1, Rule 25)

ii. Distinguished interrogatories from a bill of particular; from deposition

iii. How to avail; Procedure (Sec.2., 3, 4, Rule 25)

a. Afulugencia v. Metropolitan Bank & Trust Co., G.R. No. 185145

February 5, 2014

iv. Effect of failure to serve written interrogatories (Sec. 6, Rule 25)

6. Rule 26 - Admission by Adverse Party

i. Purpose of Admission by adverse party

ii. When request is made

iii. Effect of not filing a written request for admission (Sec.5, Rule 26)

iv. Effect of failure to file and serve a sworn statement of denial (Sec. 2,
Rule 26)

v. Effect of admission (Sec. 3, Rule 26)

vi. Deferment of compliance (Sec. 2, par. 2, Rule 26)
vii. Withdrawal of admission (Sec.4, Rule 26)

7. Rule 27 - Production or Inspection of Documents or Things

i. Purpose (Sec.1)
ii. Filing of a motion; order of the court

iii. Privileged Documents

a. Air Philippines Corp. v. Pennswell, Inc., 540 SCRA 215

8. Rule 28 - Physical and Mental Examination of Persons

i. Applicability (Sec.1, Rule 28)

ii. Procedure (Sec. 2, 3, Rule 28)
iii. Waiver of Privilege

9. Rule 29 - Refusal to Comply with Modes of Discovery

i. Refusal to answer any question upon oral examination (Sec.1, Rule 29)
ii. Refusal to answer designated or particular questions or refusal to
produce documents or things to submit to physical or mental examination
(Sec.3, Rule 29)
iii. Refusal to be sworn (Sec. 2, Rule 29)
iv. Refusal to Admit (Sec. 4, Rule 29)

v. Failure to attend depositions or to serve answers to written

interrogatories (Sec.5, Rule 29)

a. Zepeda v. China Banking Corp., G.R. No. 172175, Oct. 9, 2006

v. Rule 30 - Trial

17
 1. Nature of Trial

i. Acosta v. People, 5 SCRA 774

2. Trial and hearing, distinguished.

i. Trocio v. Labayo, 53 SCRA 97, 100

3. When case ready for trial

i. Principe v. Eria, 90 Phil. 684

4. When trial is unnecessary.

5. Notice of Trial (Sec. 1, Rule 30)
6. Session Hours (Adm. Circular No. 3-39, January 15, 1999)

7. Adjournments and postponements (Sec. 2, Rule 30)

i. Limitation on the authority to adjourn

a. Republic v. Sandiganbayan, 301 SCRA 237, 245

8. Postponement on the grounds of illness of party or counsel; Requisites (Sec. 4,

Rule 30)
9. Postponement on the grounds of absences of evidence; Requisites (Sec. 3,
Rule 30)
i. Milwaukee Industries v. Court of Tax Appeals, 636 SCRA 70, Nov. 24,
2010.

10. Order of Trial, (Sec. 5, Rule 30)

i. Orders in Chambers

ii. Order of Trials maybe Changed

a. Yu v. Mapayo, 44 SCRA 163

11. Presentation of Additional Evidence

12. Agreed statement of facts; No proof required (Sec. 6, Rule 30)
13. Statement of judgment (Sec. 7, Rule 30)
14. Suspension of Actions (Sec. 8, Rule 30)
15. Judge to receive evidence; delegation to clerk of court - Requisites (Sec. 9,
Rule 30)

w. Rule 31 - Consolidation or Severance

1. Define (Sec. 1, Rule 31)

i. Mega-Land Resources and Development Corporation vs. Tinga, GR No.

156211, July 31, 2007

2. Three ways of Consolidation

i. Salazar v. CFI of Laguna, 64 Phil. 785

ii. Phil. Airlines, Inc. and Far Eastern Air Transport v. Teodoro and Capitol
Subdivision Inc., 97 Phil. 462
iii. Delta Motors Sales Corp. v. Mangosing, 70 SCRA 599
iv. Superlines Transportation Co. v. Victor, 124 SCRA 939
v. Steel Corporation of the Phils. v. Equitable PCI-Bank, Inc., 635 SCRA
403
vi. Republic vs. Heirs of Enrique Oribello Jr., G.R. No. 199501 March 6,
2013

3. Consolidation of Civil and Criminal cases; allowed (Sec. 2 (a) Rule 111 of 1985
Criminal Procedure)

i. Republic v. Court of Appeals, 116 SCRA 505

18
 4. When consolidation mandatory

i. Philippine Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005

5. Separate trials (Sec.2, Rule 31)

x. Rule 32 - Trial by Commissioner

1. Commissioner Defined.

2. Consent of all parties necessary. Reference without consent void. (Sec. 1, Rule
32)

i. Philippine Savings Bank v. Mañalac, G.R. No. 145441, April 26, 2005

3. Reference ordered on motion (Sec. 2, Rule 32)

i. Situation when reference may be made.

ii. Practice of Delegation to Clerk of Court

a. Apurillo v. Garciano, 28 SCRA 1054

4. Order of reference; power of commissioners (Sec. 3, Rule 32)

5. Oath of Commissioner. (Sec. 4, Rule 32)

i. Perlas v. Ehrman, 53 Phil. 607

6. Refusal of witness (Sec. 7, Rule 32)

7. Commissioner shall avoid delay (Sec. 8, Rule 32)
8. Notice to parties of the filing of report; when to file objections; Effect of failure to
object (Sec. 10, Rule 32)
9. Hearing upon request; Failure to set the commissioner's report for hearing.
(Sec. 11, Rule 32)
10. Stipulations as to findings. (Sec. 12, Rule 32)
11. Compensation of commissioners (Sec. 13, Rule 32)

y. Rule 33 - Demurrer to Evidence

1. Concept and Rationale of Rule.

i. Celino v. Heirs of Alejo and Teresita Santiago, 435 Scra 690

ii. Siyangco v. Costibolo, 27 SCRA 272,

2. Demurrer to Evidence distinguished from Motion to Dismiss in Rule 16.

i. The Manila Banking Corp. vs. University of Baguio, Inc., G.R.No.

159189, February 21, 2007
3. Stage of the proceedings when demurrer to evidence is availed of (Sec.1, Rule
33)

4. Grounds for Demurrer to Evidence

i. Republic v. Tuvera, 516 SCRA 113

5. Effect of Denial of Demurrer to evidence

i. Northwest Airlines, Inc. v. Court of Appeals, 284 SCRA 416

ii. Katigbak v. Sandiganbayan, 405 SCRA 558
iii. Gementiza v. COMELEC, 353 SCRA 724

6. Effect of Granting of the Demurrer to Evidence

i. Radiowealth Finance Corp. v. Del Rosario, 335 SCRA 288

19
 ii. Consolidated Bank and Trust Corporation v. Del Monte Motor Works,
Inc., 465 SCRA 117

7. Demurrer in a civil case as distinguished from demurrer in criminal case

i. Cabador v. People, citing Enojas vs. COMELEC, G.R. No. 186001

October 2, 2009
ii. People v. Sumingwa, G.R. No. 183619 October 13, 2009

z. Judgments

1. Meaning of Judgment
i. Macahilig v. Heirs of Magalit, 344 SCRA 838, 848
ii. Social Justice Society v. Atienza, 545 SCRA 92, 114

2. Requisites of valid Judgment

i. Acosta v. COMELEC, 293 SCRA 578

ii. Pablo-Gualberto v. Gualberto V, 461 SCRA 450
iii. Naguiat v. NLRC, 269 SCRA 564
iv. Miguel v. JCT Group, Inc. 453 SCRA 529
v. Guevarra v. Sandiganbayan, 454 SCRA 372

3. Conflict between the dispositive portion and body of the decision

i. Morales v. Court of Appeals, 461 SCRA 34

ii. So v. Food Fest Land Inc., 642 SCRA 592, February 9, 2011

4. Ambiguity in the judgment; clarificatory judgment

5. Interlocutory Orders. Define.

i. Rudecon Mangament Corp. v. Singson, 454 SCRA 612

6. Questioning Interlocutory Orders

i. Silverio v. Filipino Business Consultants, 466 SCRA 584

7. Memorandum Decisions; Define.

i. Ong Chia Kwan v. Court of Appeals, 345 SCRA 586

8. Rendition of Judgment. Meaning. (Rule 36)

i. Castro v. Malazo, 99 SCRA 164

9. Period to render decision. (Art. VIII, Sec. 15, Constitution of the

Philippines)

i. Plata v. Torres, 570 SCRA 12

ii. Extension of period to render judgment

a. Arap v. Mustafa, 379 SCRA 1

10. Rule on Stare Decisis

i. Hortencia v. Cuenca, 456 SCRA 300

11. Obiter Dictum

i. Ayala Corp. v. Rosa-Diana Realty, 346 SCRA 663

12. When judgment becomes final (Sec. 1, Rule 39)

i. Final judgment versus interlocutory order (Sec.2, Rule 36)

20
 a. Philippine Business Bank v. Chua, 634 SCRA 635

13. Conclusiveness of Judgment (Immutability of Judgment)

i. Arra Realty Corp. v. Paces International Corp., 636 SCRA 339

ii. Reasons for the rule on conclusiveness of judgment

iii. Two-fold purposes of immutability of judgment
iv. Exceptions to the rule on immutability of judgments

14. Rules on Amendment of Judgment

i. Before finality
ii. After finality
iii. Difference between an Amended Judgment and a Supplemental
Judgment

a. Aznar III, et.al. v. Bernard et.al., 161 SCRA 276

15. Res judicata effect of final judgment or final order

i. Two aspects of Res Judicata

16. Effect of Void Judgments (the doctrine of total nullity)

i. MWSS v. Sison, 124 SCRA 394

17. Several Judgment (Sec. 4, Rule 36)

i. Fernando v. Santamaria, 446 SCRA 136

18. Separate Judgment (Sec. 5, Rule 36)

19. Conditional Judgment, meaning.

i. Cu-Unjieng v. Mabalacat Sugar Co., 70 Phil. 384

20. Judgment Sin Perjuicio, meaning.

i. Director of Lands v. Sanz, 45 Phil. 117

21. Judgment nunc pro tunc (literally "now for then"), define.

i. Briones-Vasquez v. Court of Apeals, 450 SCRA 482

22. Judgment upon compromise, define.

i. Diamond Builders Conglomeration v. Country Bankers Corp., 540 SCRA

194
ii. Philippine Journalist, Inc. v. NLRC, 501 SCRA 75

23. Judgment upon a confession (Cognovit Actionem)

24. Judgment against entity without juridical personality (Sec. 6, Rule 36)
25. Entry of Judgment; date thereof (Sec. 2, Rule 36)

i. Relevance of knowing the date of Entry of Judgment.

aa. Rule 34 - Judgment on The Pleadings

1. Nature; Motion Required (Sec.1, Rule 34)

i. Sunbanun v. Go, G.R. No. 163280 February 2, 2010

ii. Comglasco v. Santos Car Check, G.R. No. 20298925 March 2015

2. Grounds for judgment on the pleadings

21
 3. Cases where judgment on the pleadings will not apply

bb. Rule 35 - Summary Judgments

1. Nature of summary judgment (Sec. 1, Rule 35)

i. Smart Communications v. Aldecoa, G.R. No. 166330 September 11,

2013

2. Summary judgment, when rendered.

3. Distinction from judgment on the pleadings

i. Narra Intergrated Corp. v. Court of Appeals, 344 SCRA 781

4. Distinction from a motion to dismiss

5. Validity of Summary Judgment (Sec. 3, Rule 34)

6. Summary Judgment; When not granted.

i. Roque v. Encarnacion, 95 Phil. 643

ii. Gatchalian v. Pavilin, et.al. 6 SCRA 508

cc. Rule 37 - New Trial or Reconsideration

1. MOTION FOR RECONSIDERATION (RULE 37)

i. Object of the motion.

ii. When to file (Sec. 1, Rule 37); No extension (Sec. 2, Rule 40, Sec. 3,
Rule 41)

a. Delos Santos v. Elizalde, 514 SCRA 14

b. Heirs of Mendoza v. Court of Appeals, 565 SCRA 506

iii. Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40;
Sec. 3, Rule 41)

iv. Grounds for Motion for Reconsideration (Sec. 1, Rule 37)

v. Effect when motion is denied; Order of Denial not appealable. (Sec. 9,
Rule 37)

vi. Effect of granting a motion for reconsideration (Sec. 3, Rule 37)

a. Esquivel v. Alegre, 172 SCRA 315

vii. Partial Reconsideration (Sec. 7, Rule 37)

viii. Single motion rule (Sec. 5, Rule 37)

a. Effect of Second Motion for Reconsideration

ix. Motion for reconsideration in summary procedure (Sec. 19 {c}, IV, 1991
Revised Rules on Summary Procedure and Small Claims (Sec. 14 {c})

2. MOTION FOR NEW TRIAL (RULE 37)

i. Nature of new trial.

ii. When to file (Sec.1, Rule 37)
iii. Effect of filing of the motion on the period to appeal (Sec. 2, Rule 40;
Sec. 3, Rule 41)
iv. Form of a motion for new trial. (Sec. 2, Rule 37)

v. Grounds for a motion for new trial. (Sec. 1, Rule 37)

a. FRAUD, ACCIDENT, MISTAKE, EXCUSABLE NEGLIGENCE

(FAME)

22
 b. Newly discover evidence

i. Requisites:

1. Ybiernas v. Tanco-Gabaldon, G.R. No. 178925,

June 1, 2011

vi. Affidavit of Merit; Gross Negligence of counsel not a ground.

a. Uy v. First Metro Integrated Steel Corp.,503 SCRA 712

3. Resolution of the motion (Sec. 4, Rule 37)

4. Denial of the motion; fresh period rule; Order of denial not appealable (Sec. 9,
Rule 37)

i. Neypes v. Court of Appeals, 469 SCRA 633

5. Remedy when motion is denied

6. Effect of granting the motion for new trial (Sec. 6, Rule 37)
7. Partial New Trial (Sec. 7, Rule 37; Sec. 8, Rule 37)
8. Second motion for new trial (Sec. 5, Rule 37)
9. Motion for new trial in summary procedure (Sec. 19 [c] IV, 1991 Revised Rules
on Summary Procedures and Small Claims (Sec. 14 [c])

dd. Appeals

1. General principles on appeal

i. Stolt Nielsen v. NLRC, 477 SCRA 516
ii. Canton v. City of Cebu, 515 SCRA 441
iii. Association of Integrated Security Force of Bislig-ALU v. Court of
Appeals, 467 SCRA 483

2. Judgments or orders not appealable (Sec. 1, Rule 41)

i. Remedy in case the judgment or final order is not appealable (Sec. 9,

Rule 37)

3. Issues that may be raised on appeal

i. Commissioner of Internal Revenue v. Migrant Pagbilao Corp., 504 SCRA

484

4. When errors not raised on appeal may be considered

i. Dy vs. NLRC, 145 SCRA 211

ii. Comilang v. Burcena, 482 SCRA 342

5. Payment of docket fee

i. Regalado v. Go, 514 SCRA 616

ii. Buenaflor v. Court of Appeals, 346 SCRA 563

6. Record on appeal; Notice of Appeal (Sec. 2[a], Rule 41)

i. Roman Catholic Archbishop of Manila v. Court of Appeals, 258 SCRA

186

7. Dismissal of Appeal; Court of Appeals (Sec.1, Rule 50); Supreme Court (Sec.5,
Rule 56)

i. The Government of the Kingdom of Belgium v. Court of Appeals, 551

SCRA 223
ii. Beatingo v. Gasis, 642 SCRA 539

23
8. Rule 40 - Appeal from Municipal Trial Courts to The Regional Trial Court

i. Where to appeal (Sec. 1)

ii. When to appeal (Sec. 2)
iii. How to appeal (Sec. 3)
iv. Perfection of appeal (Sec. 4) See Rule 41, Sec. 9
v. Appellate court and other lawful fees (Sec. 5) Same as Rule 41, Sec. 4
vi. Procedure in RTC (Sec. 7)

vii. Appeal from MTC order dismissing case

a. without trial on the merits (Sec. 8, par. 1)

b. with trial on the merits (Sec. 8. par. 2)

i. Provost vs. CA, G.R. No. 160406, June 26, 2006

ii. Encarnacion vs. Amigo, G.R. No. 169793, September
15, 2006

9. Rule 41 - Appeal from The Regional Trial Courts

i. Subject of appeal (Sec. 1)

ii. Non-appealable ordersA.M. No. 07-7-12-SC (dated December 4, 2007 –

took effect on December 27, 2007) – Amendments to Rules 41, 45, 58
and 65

iii. Modes of appeal (Sec. 2)

iv. Period of ordinary appeal (Sec. 3)
v. Interrupted by timely MNT or MR
vi. No motion for extension of time to file MNT or MR
vii. MR filed on last day of 15-day period

a. Manila Memorial Park vs. CA, 344 SCRA 769 (2001)

viii. New rule on appeal after denial of MR or MNT

a. Neypes vs. CA, 469 SCRA 633 (2005)

ix. When appeal allowed even if period to appealhas expired

a. Trans International vs. CA, 285 SCRA 49 (1998)

x. RTC cannot dismiss appeal on ground that only questions of law

involved

a. Kho vs. Camacho, 204 SCRA 150 (1991)

xi. Appellee who has not appealed may not obtain affirmative relief from
appellate court

a. Custodio vs. CA, 253 SCRA 483 (1996)

xii. Exception – when there is solidarity in obligations

a. Citytrust Banking Corp. vs. CA, 196 SCRA 553 (1991)

xiii. Perfection of appeal (Sec. 9, 1st and 2nd pars.)

xiv. Loss of jurisdiction (Sec. 9, 3rd and 4th pars.)
xv. Residual powers (Sec. 9, 5th par.)

xvi. Dismissal of appeal (Sec. 13)

a. Late filing
b. non-payment of docket and other lawful fees

10. Rule 44 - Ordinary Appealed Cases

24
 i. Scope and title of cases; Cases appealed to the Court of Appeals under
Rule 41.

ii. Appellant's brief (Sec. 7, Rule 41)

a. When to file;

iii. Appellee's brief (Sec. 8, Rule 41)

a. When to file;

iv. Contents of Appellant's Brief (Sec. 13, Rule 41); Appellee's Brief (Sec.
14, Rule 41)

v. Questions that may be raised on appeal; Exceptions (Sec. 15, Rule 41)

11. Rule 42 - Petition for Review from The Regional Trial Courts to The Court
of Appeals

i. Appeal from RTC decision rendered in the exercise of its appellate

jurisdiction

a. Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August
16, 2005

ii. Pure questions of law may be raised (Sec. 2)

a. Macawiwili Gold Mining and Devt. Co, Inc.vs. CA, 297 SCRA
602 (1998)

iii. Effect of failure to comply with requirements (Sec. 3)

iv. Action by court (Sec. 4)
v. Require filing of comment or
vi. Dismiss petition outright

vii. When petition given due course (Sec. 6)

a. Ditching vs. CA, 263 SCRA 343 (1996)

viii. Perfection of appeal (Sec. 8, 1st par.)

ix. Loss of jurisdiction (Sec. 8, 2nd par.)
x. Residual powers (Sec. 8, 3rd par.)
xi. Effect of appeal (Sec. 8, 4th par.)

xii. General rule: shall STAY judgment or final order

xiii. Exceptions:

a. civil cases decided under the Rule on Summary Procedure

b. when CA, law or Rules of Court provide otherwise

xiv. Special Agrarian Court Cases

a. LBP v. De Leon, 388 SCRA

12. Rule 43 - Appeals from The Court of Tax Appeals and Quasi-Judicial
Agency

i. Scope (Sec.1)

a. Fabian vs. Desierto, 295 SCRA 440 (1998)

ii. Ombudsman criminal cases – Supreme Court via Rule 65

a. Garcia-Rueda vs. Pascasio, 278 SCRA 269 (1997)

25
 iii. Cases not covered (Sec. 2)

a. St. Martin Funeral Home vs. NLRC, 295 SCRA 494 (1998)

iv. Decisions of Secretary of Labor and Director of Bureau of Labor

Relations – petition for certiorari to CA under Rule 65

v. Decisions of DOJ Secretary in petitions for review prosecutors’

resolutions – petition for certiorari to CA under Rule 65

a. Santos vs. Go, 473 SCRA 350 (2005)

vi. Not applicable where there is error of jurisdiction

a. Fortich vs. Corona, 289 SCRA 624 (1998)

vii. Where to appeal (Sec. 3)

viii. Pure questions of law may be raised
ix. Period of appeal (Sec. 4)
x. How appeal taken (Sec. 5)
xi. Form and contents (Sec. 6)
xii. Effect of failure to comply with requirements (Sec. 7) - sufficient ground
for dismissal
xiii. Action by court (Sec. 8)
xiv. Require fiing of comment or
xv. Dismiss petition outright
xvi. When petition given due course (Sec. 10)
xvii. Effect of appeal (Sec.12)

xviii. General rule: shall NOT STAY award, judgment, final order or resolution

xix. Exceptions:

a. when CA directs otherwise

b. when the law directs otherwise (additional exception)
i. Lapid vs. CA, 334 SCRA 738 (2000)

13. Rule 45 - Appeal by Certiorari to the Supreme Court

i. Application of Rule 45

a. Five Star Marketing Co.,Inc. v. Booc, 535 SCRA 28

ii. Not a matter of right (Sec. 6, Rule 45)

a. People v. Flores, 481 SCRA 451

iii. Questions of law; Questions of fact

a. Co v. Vargas, G.R. No. 195167, Nov. 16, 2011

b. Heirs of Feraren v. Court of Appeals, G.R. No. 159328, Oct. 5,
2011
c. Republic v. Malabanan, G.R. No. 169067, Oct. 6, 2010

iv. Findings of facts; not ordinarily reviewed

a. Tayco v. Heirs of Tayco-Flores, 637 SCRA 742

b. Meneses v. Venturozo, G.R. No. 172196, Oct. 19, 2011

v. When questions of facts may be passed upon in a Rule 45 petition

a. Natividad v. MTRCB, 540 SCRA 124, 135

vi. When to appeal (Sec. 2, Rule 45)

vii. How to Appeal (Sec. 1, Rule 45)

ee. BEFORE JUDGMENT BECOMES FINAL

26
 1. Rule 38 - Relief from Judgments, Orders, Or Other Proceedings

i. Grounds and nature (Secs. 1, 2)

ii. Requires final judgment or loss of appeal
iii. Can this remedy be availed of in the Court of Appeals?
iv. Time for filing (Sec. 3)

v. Strictly followed

a. Escueta vs. Lim, G.R. No. 137162, January 24, 2007

vi. Contents
vii. Affidavit of merit (Sec. 3)
viii. When motion for reconsideration considered as petition for relief
ix. Action of court before answer
x. Power to deny (Sec. 4)
xi. Preliminary injunction pending proceedings (Sec. 5)
xii. Order to file answer (Sec. 4)
xiii. Procedure
xiv. Availability of preliminary injunction (Sec. 5)
xv. Proceedings after answer is filed (Sec. 6)
xvi. Where denial of appeal is set aside (Sec. 7)
xvii. Action of court after giving due course
xviii. Grant of petition for relief (Sec. 7)
xix. Denial of petition for relief (Rule 41, Sec. 1 (b))
xx. Remedies after petition for relief expires

xxi. Reopening not allowed

a. Alvendia vs. IAC, 181 SCRA 282

2. Annulment of Judgment (RULE 47)

i. When remedy available

ii. Where applicable

a. People vs. Bitanga, G.R. No. 159222, June 26, 2007

b. Fraginal vs. Paranal, G.R. No. 150207, February 22, 2007
c. Grande vs. University of the Philippines, G.R. NO. 148456,
September 15, 2006

iii. Grounds (Sec. 2)

a. Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)

iv. Where petition filed (Secs. 1, 10)

v. Period for filing (Sec. 3)

vi. Laches

a. Marcelino vs. CA, 210 SCRA 444 (1992)

vii. Parties and contents (Sec. 4)

viii. May be filed by a non-party to the judgment
ix. Available even if judgment has been executed (Sec. 9)

a. Islamic Da’Wah Council of the Phils. vs. CA, 178 SCRA

178(1989)

x. Action by the court (Sec. 5)

xi. Procedure (Sec. 6)
xii. Effect of judgment (Sec. 7)
xiii. Suspension of prescriptive period (Sec. 8)

ff. Rule 39 - Execution, Satisfaction and Effect of Judgments

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1. Judgment or final order (Sec. 1)

2. Losing party must first receive notice of the judgment before the court or its
personnel can execute the Judgment

i. Office of the Court Administrator vs. Corpuz, 412 SCRA 1 (2003)

3. Kinds of execution

i. According to nature

a. Matter of right (Sec. 1)

i. Enforceable by mandamus

b. Discretionary (Sec. 2)

ii. According to mode of enforcement

a. By motion (Sec. 6, first sentence)

b. By independent action (Sec. 6, 2nd sentence)

4. Judgments which are immediately executory

5. Discretionary execution (execution pending appeal) (Secs.2, 3, 5)

i. When and where to file motion

a. Before appeal perfected – with trial court

b. After appeal perfected – with appellate court

ii. Trial court can grant motion for execution pendingappeal even after
perfection of appeal (Sec. 9, last par.)

6. Grounds of motion for execution pending appeal (Sec. 2(a),last par.)

7. Execution pending appeal applies to election cases.

i. Balajonda vs. COMELEC, G.R. No. 166032, February 28, 2005

8. Stay of execution pending appeal (Sec. 3)

Bonds in execution

9. Bond filed by judgment debtor to stay execution pending appeal – supersedeas

bond
(Sec. 3)

10. Bond of judgment obligor to enable sheriff to continueholding levied property

after affidavit of third party claimfiled with him (Sec. 16)

11. Effect of reversal of executed judgment on appeal (Sec. 5)

12. Modes of execution (Sec. 6)

i. By motion within 5 years from date of entry of judgment

ii. By independent action called “revival of judgment” after 5 years and

before it is barred by statute of limitations

13. Execution in case of death of party

14. Lifetime of writ of execution (Sec. 14)

i. Jalandoni vs. PNB, 108 SCRA 102 (1981)

15. Execution of judgments for money, how enforced (Sec. 9)

i. Immediate payment on demand

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 ii. Satisfaction by levy

16. Meaning of levy

i. Fiestan vs. CA, 185 SCRA 751 (1990)

17. Execution of money judgments under Rule 39, Sec. 9 – promissory note not
allowed.

i. Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02-
1429-P), March 16, 2005

18. Effect of levy on execution as to third persons (Sec. 12)

i. Campillo vs. CA, 129 SCRA 513 (1984)

19. Garnishment of debts and credits

i. Meaning of garnishment

a. Manila Remnant Co., Inc. vs. CA, 231 SCRA 281 (1994)

ii. Garnishment of bank deposits - does not violate bank secrecy law (RA
1405)

iii. Garnishment of public funds

20. Third party claim (Sec. 16) – Terceria

21. How made
22. Who acts on the claim?

23. If disapproved, remedies of third-party claimant

i. file separate action to determine title or right of possession

ii. file complaint for damages against bond filed by judgment creditor

24. Sale on execution (Sec. 15)

i. Real property
ii. Personal property
iii. In all cases
iv. Conveyance of property sold to highest bidder, how made (Secs. 23, 24,
25, 26)

25. Redemption (Secs. 27, 28)

i. Right of redemption

a. Personal property
b. Real property

ii. Who may redeem? (Sec. 27)

iii. Judgment obligor or his successor in interest

iv. Creditor who is a redemptioner

v. Time and manner of, and amounts payable on, successive redemption,
etc. (Sec. 28)

vi. Judgment debtor (or his successor in interest), if exercising redemption

ahead of mere redemptioner – within 1 year from date of registration of
sheriff’s certificate of sale (with Register of Deeds)

vii. Redemptioner exercising redemption ahead of judgment debtor (or his

successor in interest) – within 1 year from date of registration of
certificate of sale

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 viii. Redemptioner redeeming from another redemptioner – within 60 days
after the last redemption

ix. Deed and possession after expiration of redemption period

x. (Sec. 33) Purchaser or last redemptioner entitled to

26. When writ of possession may be issued.

27. Issuance of writ of possession – ministerial duty; pendency of civil case to

annul foreclosure immaterial

28. Entry of satisfaction of judgment by clerk of court (Sec. 44)

29. Effects of judgments and final orders (Sec. 47)

i. Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134,
October 31, 2007

V. PROVISIONAL REMEDIES

a. Nature of provisional remedies

b. Which court has jurisdiction to issue
c. What are the main actions to the provisional remedies
d. When are the application for provisional remedies proper

e. Rule 57 – Preliminary Attachment

i. Purpose

ii. Section 1 - Grounds upon which attachment may issue

1. Common ground – fraud, except paragraph (f)

iii. Requirements

1. Section 3 - Affidavit and bond required

a. Torres v. Satsatin, G.R. No. 166759 November 25, 2009

2. Other requirements:

a. There must be a valid cause of action;

b. There must be a valid ground (Sec. 1);
c. The applicant has no other sufficient security;
d. The value or the claim to the property is at least equal to the
prayer above all counter-claims.

iv. What may be attached

1. Section 7 - Attachment of real and personal property;

v. Section 5 - Manner of attaching property

1. Jurisdiction over the defendant; when required

a. Torres v. Satsatin, G.R. No. 166759 November 25, 2009

2. Three stages of the grant of preliminary attachment

a. Mangila v. Court of Appeals, G.R. No. 125027 August 12, 2002

b. Chuidian v.Sandiganbayan, G.R. No. 139941 January 19, 2001

3. Subsequent service of summons does not cure the defect in the

implementation of the writ

vi. Section 6 – Sheriff’s Return

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 vii. Discharge of Attachment; provisions which provide for discharge

1. Section 5 - Manner of attaching property

a. By counterbond

2. Section 12 - Discharge of attachment upon giving counter-bond

a. Deposit

i. Luzon Dev’t Bank v. Krishan, G.R. No. 203530 April 13,

2015

b. Counterbond

3. Section 13 – Discharge of Attachment on Other Grounds

viii. Third party claim

1. Section 14 - Proceedings where property claimed by third person

a. Affidavit of third-party claim

ix. Claim for Damages

1. Section 20 - Claim for damages on account of improper, irregular or

excessive attachment

a. Recovery of damages on the bond; where applicable:

i. Attachment;
ii. Preliminary Injunction;
iii. Replevin;
iv. Receivership

b. When must application for damages be filed

c. Development Bank Of The Philippines V. Hon. Emmanuel C.
Carpio, In His Capacity As Presiding Judge, Regional Trial
Court, Branch 16, Davao City, Country Bankers Insurance
Corporation, Dabay Abad, Hatab Abad, Omar Abas, Hanapi
Abdullah, Rojea Ab Abdullah, Abdullah Abedin, Alex Abedin, Et
Al., Represented By Their Attorney-In-Fact, Mr. Manuel L. Te,
G.R. No. 195450 February 1, 2017

f. Rule 58 - Preliminary Injunction

1. Definition

i. Solid Builders, Inc. v. Chinabank, G.R. No. 179665 April 3, 2013

2. Distinctions: Prohibitory Injunction v. Mandatory Injunction

3. Purpose

4. Section 3 - Grounds for issuance of preliminary injunction

i. Idolor v. Court of Appeals, G.R. No. 141853 February 7, 2001

ii. Sps. Plaza v. Lustiva, G.R. No. 172909 March 5, 2014
iii. Solid Builders, Inc. v. China Banking Corporation, G.R. No. 179665 April
3, 2013

5. Who may issue (Sec. 2)

i. Multi-sala Court v. Single-sala Court

6. Section 4 - Verified application and bond

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 i. Lagrosas v. Bristol-Myers Squibb, G.R. No. 168637 September 12,
2008

7. Section 5 - Preliminary injunction not granted without notice

i. Temporary Restraining Order

a. Hearing requirement:

i. Gustilo vs. Real, Sr., A.M. No. MTJ-00-1250. February

28, 2001

ii. Status quo ante order

a. Dynamic Builders & Construction Co. (Phil.), Inc v. Hon. Ricardo

P. Presbitero, Jr., G.R. No. 174202 April 7, 2015

iii. Ex-parte Issuance

iv. Effectivity

a. 72-hour TRO

i. Sps. Lago vs. Abul, Jr., A.M. No. RTJ-10-2255 January

17, 2011

b. 20-day TRO

8. Section 6 - Grounds for objection to, or for motion of dissolution of, injunction or
restraining order

9. Section 7 - Service of copies of bonds; effect of disapproval of same

10. Section 8 - Judgment to include damages against party and sureties

11. Section 9. When final injunction granted

g. Rule 59 – Receivership (Sections 1-9)

1. Main action: Receivership; Provisional Remedy: Appointment of a receiver

2. Receiver

i. Commodities Storage & Ice Plant Corporation v. Court of Appeals, G.R.

No. 125008 June 19, 1997
ii. Pacific Merchandising Corporation v. Consolacion Insurance & Surety
Co., G.R. No. L-30204 October 29, 1976

3. Who may grant receivership

4. Grounds

i. Koruga v. Arcenas, G.R. No. 168332 June 19, 2009

5. Bond on appointment of receiver

6. Denial of application or discharge of receiver
7. Oath and bond of receiver
8. Service of copies of bonds and its disapproval

9. General powers of receiver

i. Larrobis, Jr. v. Philippine Veterans Bank, G.R. No. 135706 October 1,
2004

10. Liability for refusal or neglect to deliver property to receiver

11. Termination of receivership

h. Rule 60 – Replevin (Sections 1-10)

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 1. Definition

2. Main action: Recovery of possession of personal property

i. Smart Communications v. Astorga, G.R. No. 148132 January 28, 2008

3. When applied

4. Requirements

i. Affidavit
ii. Bond
a. Twice the value of the personal property

b. Redelivery bond; definition; to discharge

c. When is a bond given in three times the value of the personal

property

i. Section 7, Rule 60

5. Who may apply

6. Section 5 - Return of property
7. Section 6 - Disposition of property by sheriff.

8. Section 9 – Judgment

i. Elisco Tool Manufacturing Corporation v. CA, G.R. No. 109966 May

31, 1999
ii. Sps. Agner v. BPI Family Savings Bank, Inc., G.R. No. 182963 June
3, 2013

i. Rule 61 – Support Pendente Lite (Sections 1-10)

1. Main action: support

2. Family Code, Article. 203 & 204

i. Lim-Lua vs. Lua, GR No. 175279, June 5, 2013

3. Support Pendente Lite

i. Mangonon v. CA, G.R. No. 125041 June 30, 2006

4. Application
5. Comment; Hearing; Order
6. Enforcement of Order
7. Support in criminal cases

8. Restitution

i. Advincula v. Advincula. G.R. No. L-19065 January 31, 1964

ii. Mangonon v. CA, G.R. No. 125041 June 30, 2006

a. Judgment for support does not become final.

9. Order for support immediately executory

i. Gan v. Reyes, G.R. No. 145527 May 28, 2002

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