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CIVIL PROCEDURE
Heirs of Tungid v Sta Lucia Devt.
Heirs of Tungid are from Ibaloi tribe. They
instituted an environmental case for violation of
the Indigenous People Right, PD 1586 with
prayer for environmental protection and writ for
mandatory injunction. Baguio Property claimed
that it had a torrens title to the property,
therefore it can do whatever it wants on the
property. RTC dismissed the case for lack of
jurisdiction because the certificate of ancestral
domain title and the power to issue that is within
the NCIP.
Was RTC right?
SC: Jurisdiction on subject matter is conferred by
law, not the allegation. There are different laws
that confer jurisdiction to courts – IP Law, Family
Law. Only Congress can pass a law. SC cannot
confer jurisdiction. Jurisdiction is determined by
the allegations of the complaint. For a court to
know whether it has jurisdiction, it will have to:
1. Read the allegations of the complaint
2. Judge will examine the complaint and
ask, “Can I render a judgment within my
jurisdiction assuming the facts are
accurate?
3. Once jurisdiction is vested, that
jurisdiction will remain vested
irrespective of whether or not the
plaintiff is entitled or not to recover and
that is called “adherence of jurisdiction”
SC: NCIP thru its regional offices have jurisdiction
over claims by ICC and IP’s. SC asked what is the
relief asked for?
1. Asked for ex parte 72 hours to stop the
earth moving activities
2. After trial, environmental protection
order and a writ of preliminary injunction
shall be permanent.
3. Recognize rights of petitioners to their
ancestral lands
4. Compel the companies to restore the
denuded areas
NCIP will only have jurisdiction if they are parties
to the same tribe. If IPs belong to different tribes,
they will fail to meet the above condition. The
same holds true if one party is a non-ICC IP
member. They are the real parties-in-interest
against 2 companies. 1)They are not members of
the same tribe 2) The allegations of the
complaint bring it outside the jurisdiction of the
NCIP.
BP 129
RTC in Metro Manila – amount exceeding 400,000
Outside Metro Manila – exceeding 300,000
Family Law cases – always with the RTC
Incapable of pecuniary estimation - always RTC (ex.
Specific performance, rescission)
Jonathan Dy case: It was only an action calling for a
stockholders’ meeting. Minority SH wanted a
meeting but the intention was to only call for a SH
meeting only when there are new investors so that
the minority will be further diluted. An action was
instituted. Defendant said that all actions involving
a corporate action involves property litigation
(basta intra-corporate) How many shares?
USD10M? “Bayad ka filing fee”. The RTC dismissed
the case after the hearing on the injunction
because the correct filing fees was not paid
SC: That is incapable of pecuniary estimation
because it was only a call for a SH meeting.
General jurisdiction on those cases which will not
fall in any court.
MTC: Exclude Family court, general jurisdiction,
incapable of pecuniary estimation, not exceeding
400,000 (maritime,etc.), ejectment cases
Assessed Value- amount for purposes of RPT
Metro Manila:
Exceeding 50,000 – RTC
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Not Exceeding 50,000 – Metropolitan Trial Court
Outside Metro Manila:
Exceeding 20,000 – RTC
Not exceeding 20,000 – RTC
Small claims- 400,000
Osmena v Gargarena
Which court has jurisdiction for petitions for
issuance of writ of kalikasan?
Facts:
Ang Cebu may landfill – Inayawan Landfill na
binuksan ng mga Osmena. Gargarena filed a
case, parties are cities of Cebu, Talisay and future
generations yet unborn. Any station of the CA
and the SC can issue a writ of kalikasan. It cannot
be brought to the RTC. Citing 9003 and 18749,
Osmena said that the officers should have been
given prior notice para na-correct nung officer.
CA did not observe the 30-day filing notice rule
Issue: Was CA right?
SC: Yes. A Citizen’s suit – any Filipino in
representation of others including minors or
generations yet unborn may file an action to
enforce rights or obligations under
environmental laws. Iba yung application for writ
of kalikasan, it is an extraordinary remedy. It is
not a citizen’s suit. It is an extraordinary remedy
covering environmental damages of such
magnitude that will prejudice life, health,
property of 2 or more cities or provinces. This
court is of the view that the prior citizen’s suit
requirement is inapplicable. Pagdating sa writ of
kalikasan, discretion namin yan.
Tadeo Matias v Replublic (Jurisdiction, Family
Code, Evidence, Presumptive Death)
Facts:
Mag-asawa sila, na-assign yung lalaki sa Phil
Constabulary 1968, after 10 years, di na Nakita at
di na bumalik. Based on the records, he was
declared to be missing since 1979. Does the
court have jurisdiction over an action for
presumptive death? Ang ganda ng tanong na to.
It was lodged sa RTC. RTC granted the petition, it
declared
Wilfredo Matias absent or presumptively dead
under Art. 41 of the Family Code (for the
purpose of remarriage) But the wife said she
does not want to be re-married. Her only
purpose is makuha yung benefits ng asawa
bilang sundalo.
CA: RTC should have dismissed the case. RTC is
without authority to take cognizance of a
petition whose sole purpose is to declare
someone presumptively dead under Art
390/391.
SC: This is one matter only of evidence. Di
naming pwede ideklara. Besides, there is no
objective for the filing. Ang objective niya is to
claim. Kase inquire sya nung govt agency. RTC
has no jurisdiction and render a judgment on Art
390/391 because it is only a presumption. The
rule invoked by the latter is merely one of
evidence which permits the court to presume
that the person is dead after the fact that such
person has been unheard of for 7 yrs. This
presumption may be invoked either in an action
or special proceeding. Independent of such
action, the presumption of death cannot be
invoked. In this case there is no right to be
enforced nor is there a remedy prayed for by the
petitioner. The petitioner’s husband is
presumptively dead but such declaration even if
judicially made , it would not improve the
petitioner’s situation because such is a
presumption only established by law. It neither
establishes a fact, a right or status.
Specified Contractors v Pobocan (Incapable of
pecuniary estimation)
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Facts: Respondent complained that petitioners
promised him a unit to entice him to stay with
the company. Respondent prayed that
petitioners be compelled to perform their part of
the alleged oral agreement by executing a
written instrument. Not all actions involving real
property are real actions. Real Property affects
title, possession or interest – jurisdiction is
determined by the assessed value. If the ultimate
relief is only to pass on title, possession or
interest. Some parties shelter the action to avoid
docket fees. Pag real property yan, when it
comes to filing fees, fair market value or zonal
value is the basis.
The court said that the suit was essentially for
specific performance because it sought the
execution of a Deed of Absolute Sale based on
the contract he has previously made. Pag inapply
nyo to dapat parehong facts. Similarly, that the
end result would be transfer of the unit to the
respondent, is the consequence of the action.
Therefore, it is for specific performance. The
transfer of property sought is but incidental to
the determination of whether or not there is an
agreement to begin with. Because it is specific
performance, the filing fee is a fixed amount,
same with specific performance.
Bibit Palamos (Hierarchy of Courts)
-observed when there is concurrent jurisdiction
For example, and naglabas ng interlocutory order
MD denied for example, san ang akyat mo
dapat? CA ordinarily. Pwede ka ba pumunta sa
SC? Hinde. There are some jurisprudence that
has allowed it. Ang rule..RTC-CA-SC. Pag nag-
issue ng interlocutory order, you go to CA. Basic
rule. Sa case ni Bibit Palamos, nag-iba.
Facts: There was a loan and the security for the
loan was a vessel. The case lasted for more than
15 years. Sabi dun, default kase di ka nagbayad.
The spouses fought for it and said that they were
consistent in their payment. But neverthyeless,
the vessel foreclosed. The vessel was foreclosed.
Over time, the vessel sank, the spouses won.
Ngayon eexecute na – sabi dito ibalik mo na yung
barko. From the RTC there was a petition for
certiorari questioning the order of the court
granting the execution. Dumeretso sa SC, di na
dumaan sa CA. The SC said that is an exceptional
case, they waited for so long and they are
entitled to justice.
Peter So v PDCI
Facts: Nagsara ang Cooperative Bank. They went
to PDIC to claim their insurance on their deposit.
Upon investigation, they found that So’s account
originated from a mother account jointly owned
by the Reyes account. It is splitting of a mother
account. PDIC denied the claim for insurance. So
went to the RTC. Ang bone of contention dito
ay..from a quadi-judicial agency, where will you
go?
SC: By express provision of Rule 65, dapat CA.
They were making an issue out of PDIC. SC said it
was performing a quasi-judicial function. Kahit na
wala ang charter, when it is by law. When it is
final and executory, can you appeal? NO.
Therefore your remedy is a certiorari. Basta
sinabing final and executory, certiorari lang ang
remedy. Labor, from NLRC division -Rule 65,
small claims, decision of the MTC are final and
executory..san ang punta ? Certiorari sa RTC.
Decision of Ombudsman – final and executory –
Rule 65 ang remedy. Kahit na walang batas na
nagsasabing you go to the CA, if the decision is
final and executory, the remedy is certiorari.
ACTION
An action involving a corporate name?
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De La Salle Montessori v De La Salle Brothers
(Nature of action of a corporate name action)
The court says it is an action in rem. Heavily cited
in this case is the case of Lyceum, university
generic na yan. Pero iba ang La Salle, very
specific nay an and there is no doubt that when
you use the name La Salle, you are referring to
that institution. It was denied by the SEC, it
reached the court.
The court that is an action in rem. As early
as Western Equipment and Supply Co. v.
Reyes, the Court declared that a corporation's
right to use its corporate and trade name is a
property right, a right in rem, which it may assert
and protect against the world in the same
manner as it may protect its tangible property,
real or personal, against trespass or conversion.
Gatchalian v Flores
Pinag-aawayan dito ay lupa na kalsada raw,
public road. Gatchalian is the owner of the piece
of land. It was claimed to be a road. It has a
torrens title. or their part, respondents denied
that they usurped the property of petitioner. In
fact, it was the Gatchalians who have
encroached on Road Lot 23 when they put up a
fence in their (respondents) property. They
insisted that Road Lot 23 is a public road and is
now known as "Don Juan Street Cat-
Mendoza". In the subdivision plan of the GAT
Mendoza Housing area, Road Lot 23 is
constituted as a right of way. Respondents
believed that petitioner has no cause of action
against them and has no authority to file the
instant case because it is the City Government of
Parañaque which has the right to do so.
Can a property be converted from a private land
to a public road by virtue of laches?
Peitioner claimed that CA said that the road has
been converted to public property.
SC: The road is not converted into public
property by mere tolerance of the subdivision
owner of the public's passage through it. To
repeat, "the local government should first
acquire them by donation, purchase or
expropriation, if they are to be utilized as a
public road.
Walang expropriation, walang donation, the
same remains to be private property.
Paranaque passed an ordinance converting the
land into public property.
SC: It is well-settled that an "owner of [a]
registered land does not lose his rights over a
property on the ground of laches as long as the
opposing claimant's possession was merely
tolerated by the owner.
JURISDICTION OVER THE ISSUES
- Directly connected with the allegations
- If issues are not identified in a pre-trial
order, the court cannot pass judgment on
the same.
JURISDICTION OVER THE PLAINTIFF
-We are talking of filing fees
Under Rule 1, Sec. 5, a party files a complaint but
the provision is silent as to filing fees.
Payment of filing fees is jurisdictional. If you fail to
pay filing fees, the court will not acquire
jurisdiction.
Ang ugat nyan ay Sun Insurance and Manchester
Manchester
- If you are trying to defraud the
government, you intentionally did not
pay or presented your complaint in such
a way that you don’t intend to pay, as
what happened in Manchester, the court
at the outset never acquired jurisdiction.
Because it is a question of fraud,
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therefore it is a question of fact.
Sun Insurance case
- For as long as you pay the filing fees
within not only the prescriptive period,
but reglementary period.
- Basta kailangan i-file mo at magbayad ka.
- Wala kang filing fee, wala kang docket
number
- Why need to pay filing fees within the
reglementary period? – because of
APPEAL – to acquire appellate
jurisdiction.
- Rule 40 and Rule 41 on Appeals, you are
to file the notice of appeal within the
reglementary period and you are to pay
the necessary filing fees within the
reglementary period. Otherwise, the
court will not acquire jurisdiction
- Another example: Permissive
counterclaim in an answer? Pay filing fees
within the reglementary period.
- Next, are you to pay filing fees for a
Compulsory counterclaim? No. Natural
offshoot of the principal action, without
the principal action there can never be a
compulsory counterclaim– (Claims for
attorney’s fees, moral damages,
exemplary damages)
Ang rule ngayon walang bayad ang Compulsory
Counterclaim.
Sa Rule 141 – ang compulsory counterclaim
babayaran din but that was suspended by the
Supreme Court. The payment of filing fees for a
compulsory counterclaim.
Balik tayo sa Sun Insurance. Can the court award
something that was not prayed for? Pwede ba
yun? Where the trial court acquires jurisdiction
over a claim by filing the appropriate pleading
and payment of the prescribed filing fee, but
subsequently, the judgment awards a claim not
specified in the pleading. Hindi hiningi pero
Nakita ng court, “Ah kailangan bigyan ko ng
ganitong award ito..pwedeng gawin ng court
yun. That is why at the bottom of your prayer,
“other relief just and equitable under the
premises are likewise prayed for”. So obviously
hindi mo nabayaran yun…” or specify the same
has been left to the determination of the court. It
will be considered as a lien on the judgment
award. Hindi mo hiningi pero binigay ng husgado,
meron kang binanggit pero iniwan mo sa
discretion ng husgado..you will not be faulted for
not paying because you do not know. That is the
example of lien on the judgment award. May
requirements bago siya maging lien on the
judgment award. Kailangan hindi mo siya hiningi
pero inaward or yuon iniwan mo sa discretion ng
husgado.
Another example: The case of Proton Pilipinas-
May letter of credit, nangutang para bumili ng
sasakyan yung Proton. Then nagkaroon ng
problema, therefore, the bank wanted to claim
kaya lang ang pinagtatalunan magkano ba dapat
ang binayad na filing fee? For those which have
accrued by reason of interest by reason of the
default, you will have to pay, correct? But those
that would accrue in the course of the
proceeding and which are not known to you,
whatever interest, that would be a lien on the
judgment.
There are cases like Rivera v Del Rosario, that if
you relied on the computation of the court, can we
say that the court had acquired jurisdiction? The
answer is yes. When there is reliance in good faith
of the assessment of the clerk of court, and then
you paid the filing fee, can you say the court had
jurisdiction? Yes. You should have relied in good
faith. Otherwise the Manchester rule may apply.
Paano naman yung sa Unicapital case? Yung may
third filing fee. Sabi niya for every amount of delay,
I suffered this amount of damages. Kasi away away
to eh, yung sa Unicapital. Medyo nagkalokohan sa
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lupa nagkaroon ng forgery, nagapautang tapos
binabawi na niya. Sabi niya I suffered damages
every month, milyon ah” can that be allowed, in
this case of Unicapital v Onsing, the court allowed it
but that would be considered a lien on the
judgment if and when the court exercises
discretion in granting the same. For as long as it
had not yet accrued , you are not expected to pay
the filing fee. So in this case which is an example of
a metered claim for damages, the court allowed it.
Now the case involving a supplemental complaint.
Rule 10 – amendment and supplement. When do
you amend? When the fact was already available at
that time of the filing of the pleading but by reason
of omission it was not included. But supplement is
different. These are facts, circumstances or
occurrences that have taken place after the filing
of the pleading. May nadevelop na events na wala
pa noon so kailangan mo ng supplement. Do you
need to pay filing fees for that? In the case of Do-
All Metals v Security Bank, there is a need to pay
additional filing fees for a supplemental complaint.
There were subsequent events, so do they need to
pay filing fees? Yes. If they don’t pay the filing fees
for the supplemental complaint, will the case be
dismissed? No because the court already acquired
on the original complaint. Hindi lang ipapass upon
ng court yung supplemental complaint kasi hindi ka
nagbayad ng filing fee. In correctly assessed and
paid filing fee could be a lien on the judgment.
Can payment of filing fees be waived?
No. Only the SC can do that.
Do indigents pay filing fees?
Algura v. Local Government of Naga
- They pay only after a judgment has been
rendered. An indigent is defined in Rule 3,
Sec.21 and Rule 141.
- The benefits of being an indigent is 1)
They do not pay the filing fees
immediately but there would be alien on
the judgment. 2) Transcript of
stenographic notes upon order of the
court.
How can you be declared an indigent?
You will have to satisfy Rule 141:
1. Based on affidavits that you and your
family do not earn double the monthly
minimum wage. Hindi na yung 4,000.
2. Do not own real property and does not
exceed 300,000 in fair market value.
Kapag pumasa ka dyan, you will be declared an
indigent and be entitled to its benefits. If you do
not fall squarely within the definition of Rule
141. Therefore Rule 3, Section 21 will apply. The
court will have to exercise its discretion if you
have sufficient money or property to satisfy your
necessities. In here, there will be hearings.
What if someone complains that you are not an
indigent and the court is convinced that you are
not an indigent?
You will have to pay filing fees. If you refuse to
pay, the court will issue a writ of execution even
before the final judgment. The court can also
dismiss your case based on Rule 17, Section 3 –
failure to comply with an order of the court.
Pag tinanungan kayo ng IBP, local chapter may
kaso yan: You have to satisfy the means
(kakayanan) test and the merits test.
Sabitsana v Muertegui (Jursidiction over Real
Property)
- If it is an accion publiciana, it is with RTC
- Quieting of title or other similar remedies
– RTC yan
Malana v. Tapa (older case)
- accion publiciana is based on the
assessed value (this is not being used
anymore)
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Declaratory Relief
- referes to the fact that there is a will, there
is a written instrument, there is a deed, that
there is a law, ordinance or governmental
regulation, that you want the court to
determine validity or t interpret. Dahil dito
wala pang injury, wala pang breach, the
court that has jurisdiction is the RTC
(incapabale of pecuniary estimation)
- the requirement is that should have been
before breach has taken place
- yung 2nd paragraph nito is what you call
other similar remedies
Luis Gonzales v GJH Land Inc. (Jurisdiction)
- an intra-corporate case because it
involved sale of shares of stock
- If a case which is intra-corporate in
nature is assigned to a regular court, can
the court dismiss the case for lack of
jurisdiction?
- Courts of special jurisdiction
(Environmental courts, drugs court, IP
court, family court)
- The case was assigned to a non-
commercial court. The case dismissed the
case. The partied went straight to the
Suprem Court
- SC: this is not a question of lack of
jurisdiction, but this is a case of exercise
of jurisdiction
- Under 903A which gave jurisdiction to the
SEC, that jurisdiction is now transferred
to the RTC as provided by the law
- The court cannot dismiss it. The only
question is the exercise of jurisdiction.
The SC has the power to supervise courts.
Therefore, the SC can create special
courts for purposes of expediency
- SC: The case should have not been
dismissed. What he should have done
was to return the case to the executive
judge for further raffle and assignment to
a commercial court. What if there is no
commercial court? It will be transferred
to the nearest judicial station having a
commercial court.
- There is no lack of jurisdiction, it only
pertains to exercise of jurisdiction.
Tijam v Sibonghanoy (Failure to raise the matter
question on jurisdiction)
- There was a belated question on the
matter of jurisdiction
While the GR is that the question on jurisdiction
can be raised at any stage of an action, (the
question on lack of jurisdiction, litis pendentia,
res judicata or prescription can be raised after an
answer or after a motion to dismiss have been
filed) Nevertheless the party raising the question
may be estopped if he has actively participated
in the very proceeding which he questions and
he only raised the question of jurisdiction
because the decision rendered was adverse to
him.
That is the rule, if you keep on participating,
seeking relief from the court then after receiving
an adverse decision, then you cannot question
jurisdiction.
Sabi ng court, in this case, petitioners' Motion to
Dismiss, Reply to the opposition on the motion,
and Sur-rejoinder only invoked the defenses of
statute of frauds and prescription before the
RTC. It was only after the CA reversed the RTC's
grant of the motion to dismiss that petitioners
raised for the first time the issue of jurisdiction in
their Motion for Reconsideration.
Therefore, can he raise it for the first time? No.
Jurisdiction over the Person
Reminders: When confronted with a question on
summons, you have to remember Rule 14 and not
Rule 13 because Rule 13 refers to service and filing
(service of pleadings to a co-party or service of
judgment coming from the court). Rule 14 is plainly
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summons. Rule 14 is that which tells you how the
court acquires jurisdiction over the person of the
defendant.
Can the court acquire jurisdiction over a sole
proprietor? Yes. If you sue him, you will sue him in
his individual capacity.
How is jurisdiction over the person of the defendant
acquired?
By proper service of summons.
Question: It is an action for recovery of title and
possession. The defendant is an individual who
presents himself as the owner of the piece of land.
The court issues summons and the sheriff is
required to serve the summons. The individual has
an office. He is the president of the corporation.
How should the summons be served? The
summons was received by the staff of his office.
Was the summons properly served?
In situations like that you have to identify who is
the defendant. There was a company, he is the
president but he was being sued in his individual
capacity. Therefore, service should be made upon
himself wherever he may be found in the
Philippines. That is the priority of service. Even if
quasi in rem, service should have been an effort to
serve it upon him personally.
Now, let us say he cannot be easily located. He is a
person who leaves the country every now and
then. They tried to serve it in his home and then
tried to serve it in his office. Can there be
substituted service of summons? For there to be
substituted service, there should have been
repeated attempts to serve it three (3) in 2
separate dates. There should also be a showing of
impossibility of service of summons.
There was no proper service of summons in this
case, because the rule says that SS can only be
made in his residence to a person of sufficient age
and discretion residing therein, or in his office to a
person in-charge of his office – president or general
manager (Pascual v Pascual). Service should have
been made to the general manager since the
defendant is the president.
Reminder: Sa bar exams paikliin daw ng sagot? It is
not the length. It should only answer the question,
give the law or jurisprudence and apply it to the
facts.
If there was an improper service of summons, and
the defendant files a motion to dismiss, or can the
court only require the issuance of an alias
summons?
Jurisprudence says that the court can do that. Most
specially in cases when the defendant has entered
a special appearance questioning the jurisdiction of
the court therefore the defendant obviously knows
that there is a case. So the court will not dismiss
the case but will only order the issuance of an alias
summons. A special appearance made without
submitting to the jurisdiction of the court.
(Philamlife case)
Civil Action – a suit for the enforcement or
protection of a right or prevention or redress of a
wrong
2 Types of Civil Actions
1. Ordinary
2. Special
An ordinary has a cause of action (Rule 2) There
should have been an act or omission that violates
the right of a person or to prevent a violation of
your right or seek redress.
They will draw on my bond, I am a contractor, if
something goes wrong or if I did not comply with
the minimum requirements of the contract. They
will now draw the bond but I believe I did not
violate the contract. I will then file an action for
injunction.
Is an injunction an ordinary action?
A complaint for injunction is an ordinary civil
action. But in that complaint you could apply for
provisional remedy.
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To seek redress – for example, I ordered goods
from you but you delivered goods which are
substandard. I only paid half and now you want me
to pay the full amount. I will now seek redress from
the court.
When there is a cause of action it means that there
is a right of the plaintiff, there is a duty on the part
of the defendant to respect that right and there is a
breach or violation.
Special civil action?
Does it require a breach? Generally, there is no
breach, no violation, no cause of action.
Rule 65
-grave abuse of discretion, declaratory relief
Rule 62
-interpleader (conflicting parties with a claim on a
particular thing)
- there is no breach (Ayoko nga mademanda kaya
nagpunta ako sa court)
Ex. Insurance company – both are claiming same
insurance
-because you don’t want to be vexed, file ka ng
interpleader
-condominium dues (nag-aaway owners – dalawa
yung board)
-Expropriation (all you need is to show that the
taking is for public use)
-Partition
-Foreclosure (relief is payment for sum of money)
Rule 70
-Ejectment (there is a cause of action)
Difference of ordinary or special actions?
Pag interpleader, you apply Rule 62. Complaint,
answer, Motion to dismiss, that rule will prevail,
only when the rules are inadequate will ordinary
rules apply
What is a criminal action?
When the state prosecutes another for the
commission of a crime
When a case is filed with the Office of the
Prosecutor and the prosecutor conducts a
preliminary investigation, is that prosecution? NO.
-A case is only referred to as a criminal action when
an information is filed in court and the case now
becomes PP v Juan Dela Cruz
-Prosecutor conducts, Preliminary Investigation,
Inquest
-That is why the parties there are called
respondent, not accused
-when the criminal action if filed, that is when he is
called accused
Special Proceeding
- That which establishes a fact, status or a
right
- Correction of entry sa civil registry, probate
of the will, absence
Section 4. The rules of court does not apply in
cadstral cases, land registration, election cases
(why the need to say it?)
- Because all of those enumerated have lost
that conferred jurisdiction to regular courts
and they have their own procedure that is
why at the bottom of the provision, “the
Rules of Court will have suppletory
application or by analogy. Ibig sabihin pag
kinapos, pwede apply yung Rules of Court
Section 6
Liberal Construction of the Rules
-does it mean that the ROC shall be liberally
construed? Wag nyong sasabihin yun
- Technical rules should not be applied if it will
defeat justice. When do you use that provision?
- Example: The requirement under Rule 15 is the 3-
day notice rule. That the motion should have been
served and filed at least 3 days before the date. For
example, you filed your appeal 2 days late; you
filed your complaint without a verification
Is a verification required in all complaints?
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Under Rule 7, verification is only required when the
law says so. Absence of such requirement, you
don’t need to verify
Example ng may verification requirement: Initiatory
pleading, petition for certiorari., petition for
review, lahat ng complaint na may provisional
remedy, quo warranto.
Examples I gave you are examples when lawyers
did not apply the rules to the letter. You only use
this Rule 6 when you committed an error. Pero wag
mo sasabihin yan sa bar.
Causes of Action
Definition, Requisites, Splitting cause of action,
joinder of cause of action, misjoinder – dapat
ganyan ang mental outline niyo
Splitting Cause of Action
- Splitting leads to a dismissal of the case.
Why? Because the pendency of one action
or the judgment in the other will result to a
dismissal. That is what you call litis
pendentia or res judicata
- Take note: Splitting cause of action is NOT a
ground for a motion to dismiss. The ground
is litis pendentia or res judicata
- Example: Splitting or not?
a. Mr. A entered into a contract with me to
build my house. He has to complete the
project in 8 months for an amount of 6.5
million pesos. That was the contract. It is
already 12 months and all I see are 4 posts.
Dinemanda ko siya 1. Breach of contract 2.
Humingi ako ng actual damages. Later, I
realized parang kulang. I filed a separate
action for exemplary damages – SPLITTING
b. The same contractor – I paid 6.5 million
then I learned that he is also an importer of
clothing, kumuha din ako ng worth 500,000.
He is also a car dealer. Kumuha ako ng
300,000 para sa van. Pag-deliver nya ng van
babayaran ko na siya ng 1.2 million. Then
binenta niya ang bahay bakasyunan – binili
ko for 2 million. He did not complete my
house, he did not deliver the clothing as
promised, he did not deliver the car, the
rest house was not his after I paid a
minimum downpayment. How many causes
of acitons?
Can I join this in one action?
Ang mag-aapply nadito ay Section 5- Joinder
of causes of actions.
Ang splitting cause of action – the outcome
that you want is practically the same.
In one case tried by the court involving litis
pendentia, the case of Cruz v. Tolentino.
This involved a deed of absolute sale.
Binenta ang 2 parcels of land kay Tolentino
by one seller Alfredo, may Deed of Absolute
Sale, walang notaryo. It was sold by Alfredo
(owner). Later yung asawa niya
(Purificacion), may SPA siya binenta niya
may Deed of Absolute Sale notarized. The
first case was nag-file si Tolentino para
marender na valid yung bentahan nila. Then
nag-file din yung mga anak niya with the
desire of questioning the deed of absolute
sale. In the first case, nag-file din si
Purificacion tapos namatay si Purificacion
then nagsubstitue yung mga anak. They
were already parties in both cases.
Is there litis pendentia?
Litis pendentia literally means a pending
suit. As a ground for dismissing an action, it
refers to the situation where 2 actions
pertain to the same parties, same causes of
action so that one of them becomes
vexatious and unnecessary. It is based on
the policy against multiplicity of suits. As
held by the court in City of Makati .
Municipality, the ff are the requirements for
litis pendentia:
1. Identity of the parties or at least such
represent the same interest in both
action
2. Identity of rights asserted and reliefs
prayed for founded on the same facts
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3. Identity in 2 cases should be such that
judgment rendered in one would be
regardless of which is successful would
amount to litis res judicata. In lis
pendens, there is yet no judgment,
pareho pang pending.
The test of forum shopping is res judicata and litis
pendentia
Sabi ng court as to the 1st requisite, it is present as
to substantial identity of parties. As I have
explained to you, they are both parties and
defendant in the same action. As to the 2 nd
requisite, it is also present because the reliefs
prayed for are to have the deed declared or be
invalidated. Actually meron ng judgment sa isang
case, that means there is already res judicata, hindi
lang litis pendentia. In litis pendentia, both cases
are pending. In res judicata there is judgment in
one case that would bar the re-filing of the other.
Count the breach and violation to know whether
there is litis pendentia or res judicata.
Joinder Causes of Action
1. As long as the causes of action are not
covered by special rules. For example, you
cannot have a declaratory relief and an
ordinary cause of action. You cannot have
adoption and nullity if marriage. Kapag
magkaibnag ruke, hindi mo pwedeng
paghaluin. You cannot join quo warranto
with any ordinary civil action.
2. For you to be able to use joinder causes of
action with multiple parties under Rule 5,
you will have to consider Rule 3, Section 6
(Permissive joinder of parties). Dinemanda
ko si contractor ko, the action is singular.
Ako tsaka siya. Section 6, Rule 3 only applies
if there are multiple parties on one side.
Yung bahay ko, hindi mo ginawa, yung mga
clothing na hindi mo dineliver, yung
sasakyan, yung resthouse ko hindi mo
ginawa. Pwede ko pagsama-samahin yun
kasi one is to one. Section 6 that requires
arising from the same transaction or series
of transactions jointly, severally, or in the
alternative is only required if there are
multiple parties and that is why it says
“common fact or law”. Pero kung ang
dimendahan ay ako at siya lang, hindi
kailangan na related and kaso. Basta lang,
falling on the same rules and you respect
jurisdiction and venue.
For example, siya yung contractor, siya yung
nagbenta sa akin ng mga damit, tapos siya yung
binentahan ako ng sasakyan, tapos yung nagbenta
ng resthouse sa akin hindi naman siya ang may-ari.
Kung walang rule nag ganon, imagine the
confusion.
3. You can join causes of action as long as you
respect jurisdiction and venue.
Ms. A sold to me a piece of land in Paranaque. Ms.
A sold to B a property in Batangas. Both with an
assessed value of 120,000. Both under the RTC. It is
a real action, the venue is where the property is
located. Can I file it in Paranaque? Theoretically,
yes. If the Batangas property is only 10,000, can
you file it in Paranaque? Yes, but you will have to
respect the RTC and venue lies therein. Kaya nga
sabi ko, theoretically.
Another example, Yung isa Paranaque property,
assessed value 120,000. Tapos nangutang siya sa
akin ng 500,000. I reside in Quezon City, she resides
in Manila. The amount is 500,000. Can the action
be filed in Paranaque? Can it be file in Quexon City?
Yes, it is possible kaya lang in actual practice, this is
very difficult. Ang importante lang dyan may isang
RTC and as long as venue lies therein.
4. Totality Rule – the sum of all claims for
money. She owes me 200,000. B owed me
500,000. C owes me 800,000. D owed me
1,000,000. Manila, Pasay, Paranaque,
Taguig, respectively. Can it be joined? Hindi
pwede kase there are multiple parties it
would require compliance with Rule 6. I
should have 4 cases against each of them.
What is the same person borrowed money
from me 4 times (separate promissory
notes). How many causes of action? 4. Yung
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isa MTC, yung 3 RTC, pwede ko ba
pagsamahin yun? Yes, because it is the
totality of the claims. Can I have 4 cases
against her? Yes, kase hindi naman
mandatory yung joinder.
Turner v. Lorenzo Shipping
Nag-file ng complaint at that point wala pang
cause of action because they were claiming from
the retained earnings. At the time of the filing of
the complaint wala pang retained earnings.
Can a complaint be amended to give a cause of
action when at the outset the case has none?
NO. A case should have a cause of action from
the very beginning. Therefore, if there is no
cause of action at the filing of the case, then the
case is premature so there should be a cause of
action.
If there is a cause of action, can that be
substantially altered?
For example, ang case is for injunction, can that
be changed to specific performance? Inamend
nya kase may mga nagbago, but initially there
was a cause of action. Can it be amended? YES.
Valenzuela case. The provision of the law under
Rule 10 is silent when it comes to a substantive
amendment meaning an amendment with leave
of court. Nakalagay lang ay “any amendment
after an answer is with leave of court. Subject to
the discretion of the court, substantive
amendment is allowed as long as there is a cause
of action in the beginning.
Chua v Metrobank – splitting cause of action
Forum shopping exists when a party repeatedly
avails himslef of several judicial remedies in
different courts, simultaneously or successively.
All substantially founded on the same
transaction and the same essential facts and
circumstances, all raising the same substantial
issues. Ultimately, what is truly important in
determining whether or not forum shopping
exists is the vexation caused to the courts and
the party litigants.
Forum shopping can be committed in 3 ways:
1. Filing multiple cases on the same cause of
action and with the same prayer, the
previous case pending (Litis Pendentia)
2. Filing multiple cases on the same cause of
action and with the same prayer, the
previous case finally resolved (res
judicata)
3. Filing multiple cases but based on the
same cause of action but with different
prayers.
First, petitioner prays for Annulment of
certificate of sale. Another case prays for the
award of act compensatory damages for the
tortous act for making it appear that the actual
auction took place. Third, the judgment on the
third case on the annulment of the closure sale
are splitting cause of action.
Pantranco v. Standard Insurance
Permissive joinder of parties requires the following:
1. The rights to relief arises out of the same
transaction
2. There is a question of fact or law common
to all plaintiffs or defendants.
3. The joinder is not otherwise prohibited by
the provision of the rules.
In this case, there was a single transaction – the
collision. There is commonality of facts.
For example, a pyramiding scam. The amounts you
delivered to me are different. The circumstances
upon which I convinced you are different. Can you
join in one action? Yes, because there is
commonality of law.
Rule 3
Who could be parties to an action?
1. natural person
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2. juridical person
3. authorized by law
4. non-juridical persons or entities
NEA v Maguindanao Electric Cooperative
In Colombia Pictures v CA, the SC said “We
differentiate the difference between capacity to
sue and lack of personality to sue. A litigant lacks
personality to sue when he is not the real party in
interest. In this situation, the initiatory pleading
may be dismissed through a motion to dismiss on
the ground that the pleading asserting the claim
fails to state a cause of action. The lack of legal
capacity to sue refers to litigants’ general disability
to sue, such on account of minority, insanity,
incompetence of lack of juridical personality or any
other general disqualification of a person.
What is the legal capacity of a person?
- Should be of legal age
- No legal capacity :
a. Minor- should be assisted by his parent
of guardian
b. Incapacitated Person – should be
assisted
Married person – GR: The spouses should be sued
jointly.
XPN: exclusive property, practice of one’s
profession, juridical separation of property, a crime
committed or case because of negligence.
Supervening incapacity (Sec.18) – after the case has
been filed and after some time, you became
incapacitated. It will continue but the person will
be assisted.
A natural person can be represented. Even entities
authorized by law can also be represented.
What happens when a party dies:
a. Substitution (Sec.16) – Requirements for
application: a. That the action survives after
the death of the party b. Any party dies c.
Duty of the counsel is to inform the court
within 30 days from the fact thereof
(death), not from the knowledge of the
lawyer.
The lawyer also has to inform the court of
the legal representative of the deceased.
The court will have to come up with an
order requiring the legal representative to
appear and to order substitution. If the
lawyer was remiss or the court failed to
order substitution, any judgment is null and
void.
If the heir participated actively, then the
judgment is valid. The essence of
substitution is not a requirement of
jurisdiction but of due process (Napere v.
Barbarona). If deprived of due process, then
judgment will be void as to that party.
b. Substitution (Sec.17)- Death, resignation or
cessation from holding of office of public
officer. This is a requirement of due process
c. Substitution (Sec.19) – transfer of interest
over a real property. For example, dispute
over a property with Ms. A. Meanwhile, Ms.
A transferred her interest to Ms. B. will
there be automatic substitution? No. can
the court render a judgment? Yes. Can the
court require that B be impleaded with Ms.
A? Yes order substitution? Yes. It is not
automatic.
Sec. 20 – The death of the defendant and the
nature of the action is a claim for money. Will the
action survive? Yes, against the estate.
What is the legal capacity of a juridical person?
The corporation is duly organized and existing
under the laws of the Philippines or another
jurisdiction. They can sue and be sued.
For foreign juridical entity:
a. Doing business, but not licensed – cannot sue
but can be sued (XPN: when the person
benefits from the arrangement then he is
estopped from raising the defense that the
entity is not licensed to do business)
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b. Doing business and licensed – can sue and be
sued
c. Isolated transaction – can sue and can be sued
Entities Authorized By Law
1. Executor
2. Administrator
3. Organizations not incorporated by created
by Law
Non-juridical Persons
- It is the duty in their answers to disclose
their true names and addresses. It means
that it is possible that they were not known
by the complainant. Summons served to a
person in-charge or any of its members.
Real Party-in-Interest
- That you will benefit or suffer some injury
when a judgment is rendered
There is some sort of confusion when you talk of
real party-in interest and Locus Standi. Locus standi
refers to a standing in court. By reason of some
governmental act, you suffer some injury. May
ginawa ang gobyerno, may taxpayer suit. Yung
airport apektado ka, you file an action.
Ano pa, transcendental importance – public
interest case – hindi ka directly affected pero i-
entertain ng court. Why am I raising that point?
Because locus standi does not mean that you are a
real party-in-interest. Kasi yung standing,
“pwede ba ko mag-file?” Yung real party-in-
interest, “Will I benefit or will I suffer?’
Indispensable and Necessary Party
Who is an indispensable party?
An indispensable party is a party without whom
there can be no final determination of an action. As
such, they must joined either as plaintiffs or
defendants. As a general rule to the making of of
parties of a civil action requires joinder of all
necessary parties, where possible and the joinder
of all indispensable parties and a under and all
conditions. Their presence being sine qua non to
the exercise of judicial power. It is precisely when
an indispensable party is not before the court that
the action should be dismissed.
Ang rule lang dito, kapag indispensable party,
walang kaso kung wala ka. If the court requires you
to implead an indispensable party, you will have to
implead, otherwise the court will dismiss the case.
Let us say there is no order but the court rendered
the judgment despite the absence of the
indispensable party. What is the effect of the same
to the judgment? It is null and void.
Who is a necessary party?
A necessary party should be impleaded in order to
have a complete determination. Para lang buo. For
example, in joint obligors, isama mon a yung
dalawa para complete determination of the rights
of necessary parties.
What is the effect if you fail to implead a necessary
party after the court orders?
There will be a waiver.
What if there is no order from the court?
The plaintiffs can still proceed, walang waiver.
Example: An action for recovery of possession –
forcible entry. I sued the A- present possessor, B –
the owner claiming title over the property. A is the
indispensable party because it is only possession.
Castles v Tayod Golf
Sino ba ang dapat idemanda, yung present owners
ng lupa o predecessors ng defendant? Lase
rinerecover mo yung property. Even before they
held on to the title, may tatlo pang sales before
them from where they derived their title. What will
I do?
In the case of Tayod, the court said in an action for
recovery of property against a person who
purchased it from another, who in turn acquired it
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from others by means of same means or by
donation or otherwise, the predecessors of the
defendant are indispensable parties. If the
transfers if not voided may bind the plaintiff. Dapat
lahat ng dinaanan nun implead mo. In order to
bring the suit duly to a close, it is imperative to
determine the only question raised – whether the
all parties who intervened in the matter of transfer
or donation are or not necessary parties to the suit
since it is asked in the suit to declare the transfer
null and void.
An indispensable party is a party who has such
interest in the case that the final adjudication
cannot be made in his absence. Hindi ako pwede
mag-render ng judgment without injuring or
affecting that interest. A party who is not only an
interest in the subject matter of the controversy
but also an interest of such nature that a final
decree cannot be made without affecting his
interest or leaving that controversy in such
condition. There cannot be a determination
between parties which is effective, complete and
equitable.
Servicewide Inc. v CA
An indispensable party whose interest will be
affected by the court’s action in litigation and
without whom no final determination can be
made. The party’s interest in the subject matter
of the suit and the relief from the suit are
inextricably intertwined with other parties that
his legal presence is an absolute necessity.
Alternative Defendants
Can there be alternative defendants? Yes
Can there be alternative causes of action? Yes
It is also possible that I sue 2 individuals
alternatively.
For example, I am a shipper, I sought the services
of a carrier. Pagdating sa point of destination, it
was delivered to a warehouse. Those are my goods
directed to a specific consignee. Pagdating dun,
sira-sira. Who can I sue? Can I sue the carrier? Yes,
based on breach of contract. The warehouse man
also has a duty to keep my goods safe and intact. I
don’t know at what point I suffered the injury. Can I
sue the carrier? Yes. Can I sue the warehouse man?
Yes. Alternatively? Yes. Can I implead both of
them? Yes.
The same works in car collision. I will sue the bus
where I am – culpa contractual. The other bus I can
sue based on quasi-delict. Alternative defendants,
alternative causes of action.
Unwilling Co-Plaintiff
A party who should have been a plaintiff in the first
place but he does not want to join you as a
plaintiff. You will sue him as an unwilling co-
plaintiff. Not as a defendant because he did not
violate your right. But he being a necessary party,
you can sue him as an unwilling co-plaintiff.
Nominal Party
-In NEA case, the nature of a nominal party in a
petition for certiorari. If you sue a court for grave
abuse of discretion amounting to excess of lack of
jurisdiction, the court or the agency will be
impleaded as a nominal party. Nominal parties
should not participate actively in the case. Nominal
parties are not required to file pleadings or
advance causes of the parties. SC said, even NEA as
an agency of the government should not prosecute
because they are merely nominal parties.
Ang concept is that they should be more involved
in the works of their agencies more than
prosecuting or participating in an action.
Class Suit
What are the requisites?
1. When the subject matter of the controversy
is one of common or general interest to
many persons
2. Parties affected are so numerous that it is
impracticable to bring them all to court.
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3. Parties sufficiently numerous and
representative as to fully protect the
interests of all concerned
Mathay vs Consolidated
There were 549 employees na natanggal dahil sa
Executive Order, 67 lang ang nagcomplain, only a
small fraction of all the employees whom they
claim to represent. Subsequently, naging 32 na
lang.
They cited the case of MVRS vs. Islamic Dawah,
the rule on adequacy of representation. In
determining the adequacy of representation of
members of a class, the court must consider
whether the interest of the party is co-extensive
with the interests of the members of the class.
The proportion of those made party as it bears to
all the members of the class. Any other factor
bearing the ability of the party to speak for the
rest of the class. The key is diversity of interest,
pag iba, hindi na class suit yun. Dapat may
common or general interest. Classic example is
Oposa vs. Factoran – intergenerational interest.
Barko lumubog, walang class suit. Unless mag
agree tayo na fixed lang claim natin. When there
is no diversity, it is a class suit.
Example, yung Pepsi na nanalo ng Pepsi isang
milyon. Instead of having just a number of caps
that would show 1 million, they gave a number
and then for some reason ang daming nanalo ng
1 million. So if all of you ang claim niyo is 1
million, class suit yun. Pero pag may nagsarili
ibang claim, you cannot be part of a class.
Rule 4 – Venue
Rule 4 should not use up much of your time. There
are just a few concepts that you have take note.
I am leasing a property from Ms. A located in Sta.
Cruz, Manila. I reside in QC, she resides in
Singgalong, Manila. It is an action for ejectment.
Where should the action be instituted – in Manila.
Pag real action -title to, possession or interest over
property – venue is dictated by the place where the
property is located.
The residence of the parties will only be material if
it involves a personal action. Pero kung real action,
kalimutan ang residence. Dalawa lang yan, real or
personal.
What if there are multiple parties? Four individuals
– defendants, 2 plaintiffs. How will you ascertain
the venue of the action? Manila Pasay Cavite
Mindoro. I reside in QC, he resides in Siquijor. Yung
kay A ang claim is 1 million, B-800,000; C- 500,000;
D- 450,000. Total of 2.750M. My friend from
Siquijor’s share in the contribution sa pautang
naming is only 250,000. Pinautang naming and they
failed to pay. As the law stands today, can I bring
that action to Siquijor?
The word “principal” was inserted in the rules. -at
the option of the plaintiff or principal plaintiff. It
was inserted so as to avoid situations where other
parties are vexed to go somewhere else where they
have minimal interest. That will be burdensome on
the rest. Irene Marcos Araneta case, they brought
the action in Batac, Ilocos Norte, she relying on a
residence certificate where she is a resident of
Batac, the other party filed a motion to dismiss sabi
“Hindi pwede, ikaw ang principal eh, so wrong
venue”. Ang ginawa ngayon ng lawyer, he
amended the complaint para dagdagan niya ng
plaintiff siguro akala niya paramihin. Dinismiss pa
rin ng court. Sabi ng SC, kahit ano pa sabihin niyo
ang talagang may principal interest si Irene. Yung
iba nominees lang niya yun.
There are instances where the defendant does not
reside in the Philippines. I am the plaintiff, I reside
in Quezon City and the defendant is Mr. A who
does not reside in the Philippines – where he may
be found (mahirap yun kase he does not reside
here in the Philippines). So where will I file it? – in
the place where I reside.
Now there is this provision that covers a situation
wherein the defendant does not reside in the
Philippines and it involves the personal status of
that party of involving the property of a non-
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resident defendant. The partner provision is in Rule
14, Section 15 – Extra-territorial service of
summons. Saan mo i-file? Ako magfile ako ng
Nullity, and my wife is already abroad. Where is the
venue? Here where I reside. Pagdating naman sa
service of summons ang mag-aapply extra-
territorial service of summons.
This provision also involves property of a non-
resident defendant. The venue is the place where
the property is located.
Personal Action
Real Action
Action In Personam
Action In Rem
An action for ejectment is for purposes of venue a
real action but it is an action in personam. Pag
pinagusapan in rem or quasi in rem – that is the
effect of the judgment as to you. Pag in personam,
kami lang ang affected dun kami ang
nagdemandahan dun eh.
Kapag quasi in rem, this is usually recovery of a
parcel of land, kapag dinemanda ko siya, while it
still an action against her, because there is a
registration on this, it affects all of you.
Yung in rem it affects the whole world. Yan yung
mga action na walang defendant. Nagparegister ka
ng lupa, cadastral cases.
Kapag nullity of marriage, quasi in rem, tayo ang
parties but it affects the whole world.
When we talk about Personal and Real Action,
venue lang ang tinutukoy nun.
The rule on venue will apply if there is no law on
the matter. However, if there is an express law,
that will prevail. For example, when you talk of
petition for probate of the will or distribution of the
estate, the venue is where the decedent resided at
the time of death. Kapag mga adoption, where the
adopter resides. Kapag conjugal home, where the
plaintiff resides at the option of the plaintiff. Yung
Rule 24, yung perpetuation of testimony before an
action, getting deposition, may venue rin don –
where the prospective adverse party resides. Pag
quo warranto, where the respondent resides or
you could follow the CA or the SC. Maliwang?
But of course, the parties could agree on venue.
Ms. A and I entered into a contract of lease of a
property in Palawan. We have agreed that all
actions arising from the contract will have to be
instituted in the courts of Makati. The law does not
make any distinction as to what type of action. For
any type of action as long as the parties agree.
Whether or not the venue is exclusive will depend
upon the wordings of the agreement.
Taglaum Management vs Unionbank
Meron siyang 3 real estate mortgages. The 1 st
REM, the venue of all suits and actions arising
out of or in connection with the mortgage shall
be in Makati, or where any of the properties
morgtgaged is located at the absolute option of
the mortgagee. The parties here waiving any
other venue. If the provision in the contract does
not contain words of exclusivity, what is
provided is only an addition to what the law
provides. So kung ang provision ng kontrata ay
general lang, in addition lang siya.
Pangalawa, the venue of all suits and actions
arising out of or in connection with the mortgage
shall be in Cebu Metro or in the place where
mortgage property is located at the absolute
option of the mortgagee.
Pangatlo, the venue of all suits and actions
arising out of or in connection with the mortgage
shall be in ___________ or in the place where
the mortgaged property is located at the option
of the mortgagee. For one reason, the borrower
can no longer pay, then there was a restructuring
agreement which states that an action arising
from such agreement shall be instituted in
Makati with parties waiving all other venues. This
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time, only in Makati. No longer in the place
where the properties are located. Which venue
will prevail? The action having been instituted in
Makati. Was the venue proper?
According to the rules, real actions shall be
instituted in the place where the property is
located. In this case, all properties are located in
Cebu. Thus, following the general rule, the case
should have been filed in Cebu rather than
Makati. However, the rules provide an
exception, in that real actions can be tried in a
court other than where the property is situated
in cases where the parties have previously and
validly agreed in writing on the exclusive venue.
In the case at bar, the parties claim that such
agreement does exist. This court rules that the
venue stipulation is that of the restructuring
agreement.
Another case: A promissory note and a loan
agreement. Yung loan agreement may venue
stipulation, yung PN wala. Yung stipulation sa loan
ay sa Manila. Hindi sinunod, sabi hindi pwede yan
kase if you are suing on the PN, hindi kailangan
sundin yung stipulation on venue sa loan
agreement. The court ruled that the PN and the
loan agreement are so intertwined that the
stipulation in the loan agreement as to the venue
will apply.
Last case on venue: An action for perjury involving
a certificate against non-forum shopping - Where
should it be instituted? The complaint was filed in
Pasay. Sinumpaan yung certificate sa Makati. The
court denied the petition and ruled that Makati is
the proper venue and the proper court to take
cognizance on the perjury case because it was
where the act or the assertion of falsehood was
committed. (Rule 110, Sec. 15a)
Rule 110, Section 15
 Place where action is to be instituted. —
(a) Subject to existing laws, the criminal
action shall be instituted and tried in the
court of the municipality or territory where
the offense was committed or where any of
its essential ingredients occurred.
Briones case
If you are not a party to the agreement, you are
not bound to the venue stipulation. It was shown
that Briones was a party to the loan mortgage
but his signature was falsified. He is not bound
by the agreement because he is not party and he
is even contesting the validity of the loan
agreement.
In venue stipulation, if the agreement pertains to
specific terms and conditions. For example, I
have a warehousing agreement with Ms. A, but
we have other agreements which is outside our
agreement with a venue stipulation. She
breached our agreement on another
matter(catering agreement), are we bound by
the venue stipulation? NO, because that is not
part of the contract.
Rule 5
Rule 5 tells you that the Rules of Procedure in the
MTC are the same in RTC. Correct? But that is not
exactly accurate because it has a caveat that says,
“except where a particular provision expressly or
impliedly applies only to either of said courts.”
In the RTC, we follow ordinary procedure, lahat ng
dinidiscuss ko sa inyo. In MTC, you have to contend
with 3 Rules: 1. Ordinary 2. Summary 3. Small
Claims. In RTC, If there is a complaint, the
responsive pleading is an answer within a period of
15 days. In MTC, ordinary procedure it is the same.
In summary procedure, there is a complaint, unlike
in ordinary procedure, the court can dismiss the
case outright. Kapag Nakita ng husgado walang
basehan, dismissed na yan. If the court issues a
summons to the defendant, the defendant will
have to answer within a period of 10 days.
In small claims, if you have a complaint, there is a
form. Pumunta ka dun sa MTC, magtanong ka sa
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clerk of court bibigyan ka nun. You will have to file
an answer, there is also a form. Unlike in ordinary
procedure, ito may prohibited pleadings (certiorari,
mandamus, reply)
Sa ordinary procedure, pwede ka mag-file ng reply.
Pagkatapos may pre-trial. Rule 18 ito, whose duty is
it to set the case for pre-trial? The plaintiff within
the period of 5 days from the filing of the last
pleading. Sa Summary procedure, preliminary
conference. Walang witnesses dito class. After pre-
trial sa ordinary, trial. Sa summary procedure
walang trial, it is the submission of Position Paper.
Sa small claims, one day tapos na yan. After trial,
subject to an appeal. Sa summary, upon submission
of the position paper,30 days from the receipt of
the last pleading or position paper, the court will
have to render a judgment.
Ang judgment sa small claim final and executory. Sa
summary procedure, you can file an appeal but you
cannot file an MR because it is a prohibited
pleading. That is Rule 5, when is says “same”, same
ang sa ordinary procedure ng MTC and RTC. Pero
pag sinabi niyang except as provided for by the
rules, summary procedure and small claims.
Summary Procedure case: What is a prohibited
pleading?
Dito and finile, petition for certiorari. There was a
motion to dismiss, and the same was a prohibited
pleading, but nevertheless, they filed a petition for
certiotari. Sunvar relied on 2 cases: the case of
Bayog and the case of Go.
The case of Bayog involves a poor farmer who had
a case but was not able to file an answer, the court
rendered judgment so he filed a petition for relief
from judgment which is a prohibited pleading. The
court entertained it because of the extraordinary
circumstances of the agricultural tenant.
In the case of Go, preliminary conference was held
in abeyance in an ejectment case. The party filed a
petition for certiorari. The court allowed it though a
prohibited pleading.
For Sunvar, the court was constrained from
applying the exception applied in Bayog and Go.
For you to be able to use a prohibited pleading, you
will have to show the existence of extraordinary
circumstances. In the absence of which, wala yan
under summary procedure.
What if the plaintiff was absent during the
preliminary conference?
The case will be dismissed.
What if the defendant was absent during the
preliminary conference?
Under Rule 18, the plaintiff will be allowed to
present evidence ex parte.
But in a summary procedure, if the defendant is
absent, the court can already render a judgment,
deretso na yun.
What if there are multiple parties having a
common cause of action, can the court render a
judgment?
No. May common cause of action, may nag-appear
eh.
Also, in summary procedure, an excuse is generally
not entertained, there is no provision for that.
Hindi ako makakarating kase may sakit ako or may
conflict of schedule ako, magpapadala ako ng
representative. However, in the case of Macasaet
vs. Macasaet, the court allowed. There is no
provision that allows you to be excused or to send
a representative.
Finally, where do you go to obtain a final judgment
of MTC in summary procedure?
You go RTC to file a notice of appeal. Where do you
go after a decision of the RTC (Appellate
Jurisdiction)? Petition for Review.
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While I said that an MR is a prohibited pleading,
but is it is filed in the CA or in the RTC as an
appellate court and no longer bound by the rules
on summary procedure, a motion for
reconsideration is not a prohibited pleading.
Fairland vs. Poe
The party was insisting na wala naming sagot sa
complaint, the court can render a judgment
based on the complaint on preponderance of
evidence. That is wrong because at that point in
time, there is no evidence presented, therefore
there is no preponderance of evidence to speak
of.
Rule 6
Kinds of Pleadings
What is a complaint?
A pleading that raises the claim or causes of action.
What is an answer?
The answer would raise the defenses.
What type of defenses can you raise in an answer?
1. Negative Defense - specific denial of a
claim (not a specific denial of an allegation
or a fact)
Ex. You sued me saying I borrowed money from
you and I need to pay. Then I will answer, “No, I
never borrowed money from you”
2. Affirmative Defense – though
hypothetically admitting the material
allegations of the complaint, you will
nevertheless raise an affirmative defense to
prevent or bar recovery
Ex. “Oo, nangutang ako pero 15 years ago nay an,
prescribed.”
“Oo, nangutang ako pero bayad na yan eh.”
“Oo inamin ko nangutang ako pero diba you
waived it already. You said that was a gift for me.”
Other affirmative defenses – estoppel, fraud,
insolvency
Material allegations are the cause of action, and
yet you will be able to bar recovery.
Can you affirmative defenses be limited by the law?
No. For as long as it would be able to bar recovery,
you can raise it as an affirmative defense. Unlike a
motion to dismiss (Rule 16, Sec.1)
Can those grounds mentioned in Rule 16, Sec.1 be
used as affirmative defenses?
Yes. This is confirmed by Sec. 6 of Rule 16
(preliminary hearing of affirmative defenses) You
could only have a preliminary hearing on the
affirmative defenses if you file an answer within 15
days. No more preliminary hearing of the
affirmative defenses if you have previously filed a
motion to dismiss.
Is a reply a mandatory pleading?
No.
Within what period to file a reply?
10 days after receiving answer.
What is the purpose of a reply?
To meet the new matters raised in the answer. For
example, there are affirmative defenses (payment,
waiver, Statute of Frauds)
If you do not file a reply, the new matters are
disputed. Example, the defense is payment, if you
do not file a reply, it means that you are not
admitting the fact of payment.
If the answer raises or attaches and alleges an
actionable document, you will have to file a reply,
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otherwise, that actionable document will be
deemed admitted.
Is a counterclaim a separate pleading?
In practice, it is incorporated in an answer. There
are 2 kinds:
a. Compulsory – necessary offshoot of the
main action; it cannot stand without the
main action (attorney’s fees, moral
damages for having been sued)
b. Permissive – independent of, not related to
the principal action but involves the same
parties (kaya siya sinasali) ; it is not
mandatory, you can file a separate action,
that is why there is a need to pay filing fees.
Do you need leave of court for a counterclaim?
No. Hindi mo kailangan because the parties are
already subject to the jurisdiction of the court.
Sa third party complaint kailangan ang leave of
court because the court has no jurisdiction over the
third party.
You file a third-party complaint for contribution,
indemnity, subrogation or other relief.
Is there a requirement that the nature of the
counterclaim or the amount be within the
jurisdiction of the court?
Kapag MTC, only within the jurisdiction of the court
dapat.
Kapag RTC, sky is the limit. “Demanda moko isang
milyon? Ah, sampong milyon!”
I sued Ms. A and Ms. B. Can there be a crossclaim?
Yes, after the court acquires jurisdiction of both.
You can lay a crossclaim against a co-defendant or
a co-plaintiff.
I sue A and B and then they make a crossclaim
against each other. That is allowed. They can also
do counterclaim.
Can a third-party defendant lay a claim against the
original plaintiff?
YES.
Example of contribution (third-party complaint)
My car hit Ms. A’s car. Because of the impact, it hit
the car of Ms. B. Ms. B sued Ms. A. ,sabi niya, your
negligence caused damages to my car”. Ms. A will
file an action, with leave of court, file a complaint
so that I will contribute.
Is a third-party complaint prohibited in intra-
corporate disputes?
Sy Chim case
There is no law prohibiting a third-party complaint
in intra-corporate disputes.
Pinga case
What happens if the principal action is
dismissed? What will happen to the
counterclaim?
Section 2, Rule 17 - The counterclaim will not be
dismissed. The counterclaim will have to stand
on its own merits. That counterclaim will be
prosecuted in the same action, if you manifest
within 15 days. Without such manifestation, you
will have to pursue your claim in a separate
action.
Rule 7 - Parts of Pleadings (Signature,
Signature - When a lawyer signs, it is an attestation
that he has read it. That based knowledge,
information and belief, there is ground to support
it. And that it is not interposed for purposes of
delay. Kung ikaw ang party, verification (“based on
my personal knowledge or authentic documents on
record”)
May nag-file ng pleading na hindi pirmado. That
produces no legal effect. However, you can explain
to the court that the filing of an unsigned pleading
was merely by inadvertence.
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A lawyer should not make scandalous statements
in a pleading.
A lawyer should not intentionally file an an
unsigned pleading.
The lawyer should inform the court of a change of
address (in order to satisfy the requirement of due
process and avoid delay)
Verification
The court has consistently held that the
requirement of verification is not jurisdictional but
formal. Such is simply a condition affecting the
form of the pleading. Non-compliance will not
render the pleading fatally defective. The pleading
verification is simply intended to secure an
assurance that the allegations are true and correct
and not the product of the imagination and that is
was filed in good faith. The court may order the
correction of the pleading if verification is lacking.
If the attending circumstances is such that strict
compliance with the rules may be dispensed with
in order that the ends of justice may be served.
Verification is necessary when the law provides.
Affidavit supporting the complaint- verify. Pag
walang sinabi ang batas, wala.
Lack of Certification Against Forum Shopping
It is generally not curable by a mere amendment of
the complaint but shall cause the dismissal of the
complaint without prejudice.
Kapag willful and deliberate forum shopping,
summary dismissal yun. How will you know that it
is willful and deliberate? It is a question of facts.
Obvious ba? Parehong pareho yung facts tapos
pareho relief. Hindi ka na paikiggan, kapag nakita
ng husgado, dismiss.
What if there is non-compliance with the
certificate? Or a false certification?
Non-compliance is you said you will submit a
certification but you did not. False certification is
you submitted but the answers are not true. For
example may tanong dun if there is a pending case,
sabi mo wala pero meron, then you are exposed.
Ano ang effect? Dismissed without prejudice to the
filing of criminal and administrative cases. You are
also exposed to indirect contempt. Memorize the
attestations in the certificate.
Ano yung effect kapag walang certificate attached
or appended to?
– dismissal without prejudice not subject to
amendment.
Dapat you also know what if you did not comply
with attestation or your attestation is false
– indirect contempt and you can be held criminally
or administratively liable plus dismissed pa ang
kaso.
Summary Dismissal for willful and deliberate
Forum Shopping
Natural Person – who should sign the certificate on
Non-Forum Shopping?
- The party, not the lawyer; if there are
multiple parties, all of them would have to
sign. For example, hindi nakasign ang isang
party because he cannot be located and
that fact was indicated. Pwede pagbigyan
yun. Papasok lang yung substantial
compliance kapag talagang hindi pwede and
the court is convinced that it is not possible.
In PAL v. FASAP, we ruled that only individuals
vested with authority by a valid board resolution
may sign the certificate on non-forum shopping on
behalf of a corporation. We also require that proof
of such authority must be attached. Yan ang basic
rule kapag kumpanya kase you are just a
representative of the company. Therefore, you
should be armed by an authority. And per ruling of
the court, in numerous cases, the authority of a
board resolution embodied in a Secretary’s
Certificate should be attached to the petition.
Failure to provide the Certificate of Non-forum
Shopping is sufficient ground to dismiss the
petition. Likewise, it shall be subject to dismissal if
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the petition is unaccompanied by proof of
signatory’s authority. So it is very important that it
is accompanied by proof of signatory’s authority.
The signature alone will not suffice.
Chinabanking Corporation v. Mondragon
The CA dismissed the petition of Chinabank since
the latter failed to show that it’s bank manager
who signed the petition was authorized to do so.
The SC reversed it and said that the case be
decided on the merits despite the failure to
submit proof of authority since the board
resolution was subsequently attached and
recognized the existing status of the bank
manager.
The authority was belatedly submitted. Dun
nangyari ang substantial compliance. In this case,
the court said, the court cannot agree with the
RTC’s reasoning and find the certification signed
to be defective. The authority of the respondent
to file the complaint had not been proven. First,
the Certification Against FS did not even contain
a statement that she was authorized.
The court had been harping and harping on
authority. There should always be a certificate
and number 2, authority. In the absence of
which, a juridical entity’s petition will be
dismissed by the court.
Petlance vs. CA
The court affirmed the CA’s decision since the
verification and certification on Non-Forum
Shopping was signed by the company’s Vice
President without any showing of his authority.
Kapag juridical entity, ano ang hinahanap?
Authority. In the absence of which, the case will
be dismissed.
However, I would have to connect this with the
previous discussion. Ano ang sabi natin, in the
absence of a certificate what will happen? The
case will be dismissed without prejudice. In all of
these cases I presented to you, it was a petition
either before the CA or/ before the SC. By the
time you realized that your petition was
defective your reglementary period had long
expired. Unlike in an initiatory pleading like a
complaint. Pag petition may reglementary
period. By the time you realized na kulang. Kaya
karamihan ng kaso ng substantial compliance na
inallow ng court, lahat yan belated filing.
Let me just tackle this cases before we move on.
Republic vs. Agunoy
It is basic in the rule on procedure that every
action must be prosecuted in the names of the
real parties in interest – the parties who stand to
be benefitted in the suit.
This is an action for reconveyance and here, the
court said, the Republic is not the real party in
interest and it may not institute an action not it
may raise the defense of imprescriptibility.
Ito lupa na umabot na sa private individuals, land
that the government wanted to take back. The
court said that it is not the real party in interest
because it is already part of private ownership.
Metrobank vs. Alejo
Who can file an action for Petition for Relief from
Judgment? – only a party
Rule 8 –
What are the things I want you to remember about
Rule 8?
Actionable Documents
An actionable document means that the basis of
the claim in a complaint is in a document. Not all
claims are based on a document, like violated
rights. But if your claim is based on a document like
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a Deed of Sale, Contract, a Promissory Note. Those
will have to be appended to the complaint.
2 Ways to Allege an Actionable Document:
1. Reproduce the substance and attach the
original or a copy,
2. Putting in the body the text of the
document.
Why is it in Section 7?
Because the rule in pleadings is that a pleading
should be a statement of facts, devoid of
evidentiary matters.
What is the effect kapag hindi mo nadeny
specifically under oath? Does it mean that all of his
claims have been admitted? Does it mean that the
court can now render a judgment against me?
NO. the only effect is that the complainant does
not need to authenticate it anymore because you
have admitted its existence and due execution.
The only effect is ang sinasabi mo nag-eexist yung
dokumento kahit photocopy yun at inaamin mo
yung due execution, meaning properly notarized,
authentic yung pirma nun, inamin ko lahat yun.
Ano ang effect? You don’t need to prove it that is
already a judicial admission. You don’t need to
present someone to authenticate it. Admitted na
yun. It shortcuts the process.
Can you give instances when a specific denial under
oath is not required?
1. If you are not a party to the agreement,
paano mo iaadmit yun di ka nga kasali eh.
2. In an instance wherein the court required
the other party to present the document for
inspection but he refused so the specific
denial under oath is not required.
Meron question sa bar na ganito. Sabi niya parang
di nya dineny under oath. “Parang di ako sure eh”.
Im not so sure that it is my signature. Is that a
specific denial under oath? No, therefore that it
amounts to an admission. You have to be clear on
the manner on which you deny it.
How about fraud, how do you allege fraud?
You have to allege fraud with particularity. Ikwento
mo kung paano ka niloko (lol). For example,
binentahan ako ng relo, ikukwento ko. Pinunthaan
ako sa opisina pinakita yung relo. Nag name drop
ng mga tao. Nag issue ako ng tseke. Also, mistake
should be alleged with particularity.
Malice, knowledge and other conditions of the
mind can be averred generally.
Do you need to allege that the court acted within
its competent jurisdiction? Or is it enough to say
that the decision was rendered?
That would suffice. That is a presumption of law.
How about compliance with the condition
precedent?
General averment would suffice.
How about legal capacity?
You will have to state legal capacity of the parties.
If you want to contest the legal capacity of the
party in an answer, you will have to state the
reason and if there is a document you will have to
append it.
Section 10 is important. Specific denial. There are 3
ways of specific denial.
1. Specifically denied
2. Partial denial or qualified denial – you deny
a portion and admit the rest
3. Lack of knowledge or information to form a
belief as to the truth thereof.
Yung specific denial madali yun eh. Yung denial of
an allegation, example “Paragraph 4 is denied. That
particular fact is denied, that we met in Shakey’s
Katipunan on October 4 of 2017 at 4 o’clock in the
afternoon.
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Yung qualified denial, “Yes, we met on October 4,
2017 at 4 o’clock p.m. but not at Shakey’s
Katipunan. We met at Old Spaghetti House.
Yung lack of knowledge of information to form a
belief as to the truth thereof. You have to be
careful with this because this could border on
general denial. If it’s a general denial, it amounts to
admission. What you should remember is this, if
the subject of the allegation knows the fact or it is
within his knowledge, it is within his competence,
he cannot use lack of knowledge.
In the case of Republic vs. Sandiganbayan, involving
the Marcoses’ Swiss accounts. Meron silang Swiss
accounts tas milyon milyon yung ganito. Sabi nila
lack of knowledge or information. The SC said no,
that is not a specific denial. It is either you know or
you don’t. because it is within your competence or
your knowledge, you cannot use lack of knowledge
or information just to do a specific denial. When
you say lack of knowledge, you really have no
knowledge about it.
When do you use it? For example, there is a case
against me for moral damages, I will deny it – lack
of knowledge or information. Because I don’t know
if you suffered sleepless nights, anxiety. Even if
your reputation was besmirched. Or maybe an
instance saying that because of my actions, he was
not able to enjoy his tour in Europe. He was not
able to ski, I will specifically deny it, because I am
not competent. I am not in a position to say that it
did or did not happen.
The section 10 of Rule 8 is not the same as Rule 6.
Yung specific denial which is a negative defense.
Yung negative defense is what you use to prevent
recovery by the other party. What we are
discussing right now, Section 10 of Rule 8 is only
denying specific allegations to support your basic
defense.
A few items before we move on…
Can you do on a counterclaim an attack on the
title?
No. You cannot attack on a title collaterally.
Two items on transfer of interest or substitution.
1. In a transfer of interest, the transferee only
receives the interest of the predecessor.
Nothing more, nothing less.
2. In a case, while the action was pending, an
interest over a property which is the subject
of litigation was transferred to a co-party.
But that was not known to the court. Now,
there was death of the predecessor on a
transfer of interest.
Who then will substitute? Should transfer of
interest take place or should Rule 3, Section
16 apply?
Rule 3, Section 16 applies. Who can be
named as legal representative? The heir,
executor or administrator. Kasi naman ang
transfer of interest, hindi automatic and
substitution na yun eh. It requires a court
order. In fact, even without the transferee
in interest having been impleaded, the
judgment would nevertheless be valid.
Another case before we move on to default.
This basketball player was transferred and traded
to Negros Slashers assuming the obligation from his
previous team, the Laguna Lakers on the unexpired
contract. So you see here the trading of a player.
This player is Alvin Teng. The problem was there
were two cases. There was a termination of his
contract and one of those was absence during a
crucial Game 5. There was an issue of forum
shopping. Therefore, the court cannot resolve the
matter that was brought to its attention. It was in
connection with a pending case before the Office of
the Commissioner of the MBA. So yun ang sinasabi
hindi na pwede kase may pending case. What did
the court say?
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Although contractually authorized to settle
disputes, the Office of the Commissioner is not a
court competent jurisdiction as contemplated by
law with respect to the application of the doctrine
of res judicata. At best, the Office of the
Commissioner is a private mediator or a go-
between as agreed upon by team management and
a player in the contract of a player. Any judgment
that the Office of the Commissioner may render
will result not in a bar to seeking redress in legal
venues. So yung ganon administrative yun eh, it
will not result in res judicata.
Another example, you have an administrative case
in your company. May reklamo sayo, you will be
held administratively liable. Can the company still
sue you? Yes. Can the company sue you for a
criminal case? Yes. Can the company sue you for
damages? Yes. Can you sue the company? Yes.
Last point. Do we follow the same rule on filing fees
when it comes to environmental cases? Because of
the nature of the parties in a citizen’s suit, the rule
on filing fees is different. In civil procedure, the
jurisprudential rule is that payment of filing fees is
jurisdictional. This is not the case with
environmental cases. Rule 2, Section 12 provides
that payment of filing fees and other expenses shall
be deferred until final judgment. The filing fees
constitute a lien on the judgment award. You are
not required to pay immediately in environmental
cases.
Rule 9 –
Rule 9 can just be divided into 3 parts:
1. All objections or grounds not raised in an
answer or motion to dismissed are waived.
Nakalimutan mo i-raise and lack of
jurisdiction. Can it be raised or the first time
on appeal? Yes. That is the general rule,
unless you banned by laches. You
participated in the proceedings and when
the judgment was rendered against you sabi
mo walang jurisdiction ang court. Hindi
pwede yun. Also, even if you don’t raise lack
of jurisdiction, the court can motu propio
dismiss it.
The same holds true for prescription,
statute of limitations and litis pendentia and
res judicata. Jurisprudence in some case
would add – absence of cause of action.
That is different from the pleading asserting
the claims states no cause of action. Yung
pleading asserting the claims states no
cause of action ground yun for a motion to
dismiss. Yung lack or absence of a cause of
action sa trial mon a malalaman yun. That is
why it could be raised even after an answer
or a motion to dismiss has been filed.
Let’s say you failed to file a counterclaim or
cross-claim, nakalimutan mo. What is the
effect? Your counterclaim will be barred.
What is your remedy? If you feel you could
raise a counterclaim, you could have your
answer amended. Section 10 of Rule 11. A
counterclaim that has been inadvertently
omitted can still be included by making an
amendment.
The next is default. Have you heard of
general default? That is one, general default
and the other one is under Rule 9, Section
3.
What is general default?
It usually happens in an action without a
defendant or adverse party or simply
stated, an action in rem. May publication
yan, based on that notice, you will be asked
to go to court on a certain time for you to
raise your objection.
Failing to do so, motion for a declaration of
general default nay un. Proceed na yung
kaso, di na sila pwedeng mag-participate
and that is NOT Rule 9.
Rule 9 happens if in its simplest and purest
form, you failed to file an answer. But
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before the defendant is declared in default,
there should be first a showing of proof of
such failure.
Who serves the complaint? The sheriff. It is
the duty of the sheriff to inform the plaintiff
within 5 days of service and to provide
plaintiff with a sheriff’s return.
Service is not only by personal service, it
can also be by mail or registered mail. You
need proof of such failure, wag ka
maghusga kaagad na default siya. You have
to show the proof in your motion.
Monsod vs. Relova
There was filing of an answer. Absent lang
ang defendant sa hearing dineclare in
default. Iba si judge. Ang ginawa niya, non-
appearance ng defendant at the hearing to
adduce evidence, sabi ng court that does
not constitute default. The have already
filed an answer to the complaint within the
reglementary period. So walang default
under Rule 9.
Does this mean that the defendant can get
away with failure to attend hearing despite
due notice? No, it will not. It will only
amount to a waiver of defendant’s right to
object to the evidence. If you are the
plaintiff, you failed to appear on the date
for the presentation of your evidence. What
happens to your case? Your case can be
dismissed for failure to prosecute, Rule 17
Section 3. So dito, mali si judge, absent lang
sa hearing sabi niya default ka na.
Pwede ba yung partial default?
Yes. Nangyayari lang ang partial default
kapag merong multiple defendants. Kung
dinemanda ko ang limang to, dalawa ang
nagsubmit, yung tatlo hindi nagsubmit. The
action against them arises from the same
cause of action. Can the court render a
judgment? Can the court declare them in
default? Yung tatlong hindi nagfile ng
answer, di sila pwedeng magpresent ng
evidence sa hearing but they are entitled to
notices of the proceedings.
Can the court still render a judgment in
their favor? Yes. Di porke’t default ka ay
talo ka.
How do you lift an order of default?
You can file a motion to lift or set aside an
order of default under oath on the ground
of FAME. Extrinsic fraud, accident, mistake,
excusable neglect. Bakit under oath yun?
Kase dahil in default ka, baka kung anu-ano
ng kasinungalingan ang gagawin mo.
What is extrinsic fraud?
Kunware dinemanda kita tapos sabi mo,
“Sir, bakit mo pa ako dinemanda
estudyante moko di mo ba ako naalala sa
Juris?” Sabihin ko, “Sige, wag ka na magfile
ng answer di na kita tutuluyan”. So hindi
siya nag-file ng answer dahil naniwala siya
sa akin, nauto ko eh. That is extrinsic fraud.
So what did I do, I file a motion to declare
him in default. Extrinsic fraud, any fraud
that prevented you from filing an answer.
These grounds would be repeated in
Motion for New Trial, Petition for Relief
from Judgment.
Excusable neglect is one in which pwede ka
patawarin sa kapabayaan mo. Hindi gross
neglect. Pag sinabi mo, “Nagbasketball po
ako, naiwanan ko yung files eh”. Hindi yun
excusable neglect. The court will not allow
you to file an answer. Once the court lifts it,
you will be allowed to file an answer.
What is your remedy for default judgment?
Iba yung order of default sa judgment by default.
Yung order of default, yun ang kapag sinabi ng
court, default ka. Pero kapag sinabing judgment by
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default, ibig sabihin you were not able to file an
answer, you received notices, you did not file a
motion to lift the order of default, the plaintiff was
allowed to present evidence, nagkaroon na ng
judgment, yun ang judgment by default.
Ano ang remedy mo?
1. You can file a motion for new trial. You
cannot file a motion for reconsideration
kase yung MR is for misappreciation of
evidence. Eh, wala ka naman naipresent na
evidence eh kaya motion for New Trial and
the same ground.
2. You can file an appeal because it is a final
judgment.
3. Petition for Relief from Judgment.
4. Eh kung matagal na matagal na, tapos na-
discover mo yung extrinsic fraud, you can
file for Annulment of Judgment.
5. Can I also opt to file a Rule 65? Yes, if there
is grave abuse of discretion.
Those are the remedies provided for by the case of
Lina vs. CA.
Under the present Rule, if the court already
declares the defendant in default, can the court
already render a judgment?
The court has 2 options:
1. Presentation of evidence ex parte
2. For the court to render a judgment based
on what the pleading may warrant.
The court cannot award generally what the
pleading says, most specially for unliquidated
damages kase walang proof.
Today, there is no default in annulment, nullity or
legal separation cases.
The last type of default- As in Default. I do not
expect that they will use that term but just in case.
According to Section 4 and 5 of Rule 18. Who
should be present during pre-trial? The party and
counsel. But the consequence for absence affects
only the parties.
If the defendant is absent, the plaintiff will be
allowed to present evidence ex parte, yun ang as in
default.
What is your remedy?
You could file a motion for reconsideration but on
the ground of FAME.
Rule 10
What is an amendment?
A change on the name, an allegation, or an
insertion of certain facts in a pleading. You do an
amendment when there is an omission, because
the facts were already available at the time when
you filed the pleading. If the facts were not yet
available, you will not file an amendment, you will
file a supplement.
When you file an amendment, you change the
existing pleading and do underscoring or strike out
para makita ng husgado kung ano ang inamend mo.
Hindi laging motion to amend ha. Kapag walang
sagot, if amendment is as a matter of right, notice
to amend if there is yet no answer.
You can do it once as a matter of right. You will file
a notice to amend. Don’t file a motion, because a
motion pleads, a motion seeks relief. Pwede ka
mag-amend, karapatan mo yun eh. You file a notice
to amend and your intention is to have the court
confirm the same.
The other one is with leave of court. After an
answer, any amendment should be with leave of
court unless it is a formal amendment, meaning
clerical, or typographical errors.
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Can you amend a complaint to introduce a different
cause of action? Can you substantially alter the
existing cause of action?
In the case of Valenzuela, the answer is yes. That is
within the discretion of the court as long as it is not
intended for delay, you could alter but left to the
discretion of the court. The explanation of the
court in the case is that there was in the original
provision there was this phrase, “for as long as it
would not alter the cause of action”. That was in
the old rules, tinanggal nay un so therefore, you
could alter the cause of action.
Amendment to Conform with the Evidence
Your allegations are rooted in the pleadings and
you are expected to prove only that which you
allege and the issues that you raised based on your
allegation. Evidence presentation will come in
during trial. Your material factual allegation will
have to be supported by evidence. That is basically
the rule: Factual allegation plus evidence equals
the truth. (F+E=T). So dito, what was presented
during trial is beyond the factual allegation. Yung
napatunayan dun sa trial ay mahigit dun sa
allegation. The court will allow to you to amend the
allegations in the pleading to conform with the
evidence.
For example, the claim is only Php500,00. But in
the course of the trial, napatunayan na yung claim
is Php1.2 million. The pleading should be amended.
What if hindi inamend? Can the court render a
judgment to the extent of 1.2 million pesos? Yes.
For what other purpose is this? So if the case is
appealed, it will be easier for the justices to review
it.
According to Terco and Landlink, even if it
exceeded what was claimed in the pleading as in
this case was able to present documentary
evidence during trial tending to prove
reasonableness of the increase in rental, na wala
dun sa original allegation, the court allowed the
judgment.
There are 2 kinds under Section 5.
1. When the adverse party does not object. In
that case there could ne an amendment
even after judgment just to make the
record consistent.
2. The other party objects to an amendment.
In that case, then it is left purely to the
discretion of the court.
Can amendment to conform to the evidence cure a
complaint which has no cause of action?
In Swagman vs. CA, no amendment to conform
with the evidence if no cause of action exists at the
time of the filing of the complaint. According to the
trial court and the CA, this Section allows a
complaint that does not state a cause of action to
be cured by evidence without objection during
trial. It ruled that even if no cause of action existed
when he filed the complaint for a sum of money,
that he could do it. According to the SC, such
interpretation of Section 5, Rule 10 is erroneous.
Amendments of the pleading under Rule 10 are
allowed in order that the actual merits of the case
may be determined in the most expeditious and
inexpensive manner without regard to
technicalities on the matter. However, the curing
effect under Section 5 is applicable only if a cause
of action in fact exists at the time of the filing of the
complaint. Section 5 is a curing mechanism, pero
you can’t use it if in the first place you have no
cause of action.
In Roces vs, Jalandoni, this court upheld the trial
court in taking cognizance of an otherwise
defective complaint which was later cured by the
testimony of the plaintiff. In that case, there was in
fact a cause of action. The only problem was the
insufficiency of the allegations in the complaint. It
thus follows that a complaint whose cause of
action has not accrued cannot be cured by an
amended or supplemental pleading alleging
existence or accrual of cause of action.
Supplemental Pleading
When you talk of supplement, it only means that
there is an occurrence of events or facts which
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have taken place after the filing of the pleading
sought to be supplemented. For example may
complaint ako based on a promissory note
450,000. Ngayon mayroon na naman nag-due na
PN, worth 500,000. Hindi na naman niya binayaran.
Can I file a separate action? Yes. Can I file a
supplemental complaint? Yes. Because when I filed
the complaint, hindi pa nag-aaccrue ito eh.
Therefore, when the cause of action has ripened I
could file a motion to supplement.
Rule 11
 Period to file an answer -15 days
 Period to file an answer if it is a foreign
juridical entity and there is a government
officer authorized to receive the summons –
30 days
 Period to file an answer to a counterclaim
or cross-claim – 10 days
 Period to file an answer to a third party
complaint – 15 days
 Period to file an answer to an amended
complaint as a matter of right – 15 days
 Amendment with leave of court – 10 days
from notice or a period provided by court
 If it is a supplemental complaint – 10 days
from notice unless the court gives a longer
period.
Amendment in Criminal Procedure
The pertinent provision when it comes to criminal
cases is Rule 110, Section 40. Kung ang basis mo
civil case ay answer, sa criminal case ang basis mo
ay plea. So before plea, you could amend the
information both as to matters of form and
substance. After a plea, only as a matter of form for
as long as it would not prejudice the rights of the
accused.
For example, yung edad ng bata kung 19 yan, typo
yan mali yan, 16 yan. Eh minor yun, mas mataas
ang penalty, it will prejudice the rights of the
accused. Sa civil, ang reference point ay answer, sa
criminal ang reference point ay plea. Aside from
amendment as a matter of form and substance
before plea. In criminal cases before plea a lot also
could happen. Ano yun? Exclusion of the accused,
downgrading of the offense. But again, upon
motion of the prosecution and with notice to the
offended party and with leave of court.
Rule 12 – Bill of Particulars
When do you file a motion for bill of particulars?
You file because the basic complaint or the answer
if you would want to file a reply is vague. It is not
clear. You would want the filing party to clarify it.
How does the law expect you to file the motion?
What should it contain?
You will have to identify the defects in every
paragraph and tell the court the details desired.
Kailangan mo sabihin kung ano ang gusto mo so
that you will be able to intelligently file an answer
or reply. Madali magsabi ng defect diba? “Panget
ng buhok mo”, “Di maganda yung lipstick mo”. In
Bill of Particulars, you have to identify the defects
and identify each of the paragraphs and you will to
tell the court what do you need.
Example: Let’s say it is an action for recovery of a
motor vehicle with prayer for writ of replevin. In
my allegation, Paragraph 5: “I would want to
recover my Honda Accord 1999, color moss green”.
Bakit kulang? Kase you need the plate number,
chassis number, engine number, all of this for the
other party to know whether you are talking of the
same motor vehicle.
The defendant may option pag nakatanggap ng
ganung complaint from the plaintiff. He can file a
motion to dismiss – sabihin niya the pleading
asserting the claim states no cause of action. “Hindi
ko nga alam yan eh”.
Second option, motion for bill of particulars. Hindi
yan mandatory pleading. It is very rare that lawyers
file a motion for bill of particulars. Bakit? “Kase
bakit kita tuturuan? Di ka nga marunong gumawa
ng complaint mo eh, bakit kita tuturuan?”.
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Another example, there was a claim for payment of
commissions for trading of shares over a period of
three years. This would pertain to various shares.
The action was instituted against the defendant
saying, for the last three years you have traded
with my company and you are to pay me 3.5
million.
Over a period of 3 years, malalaman mo ba kung
ano ang shares traded? Hinde diba. How can I
answer that? I will identify the defects. I will ask,
can you identify the days of the trading of shares?
How much on a weekly basis? On a monthly basis?
On an annual basis? Only then that I will be able to
know the commissions that you are claiming from
me.
But if the questions goes this way, you received a
complaint with such an allegation, what will you
file?
I could file:
a. A motion for bill of particulars
b. A motion to dismiss
Do you have bill of particulars in criminal cases?
Yes.
When to file the motion?
The motion for bill of particulars can only be filed
before an answer. The reglementary period is
interrupted.
Let’s say I received a summons on June 1, I have
until June 16 to file an answer. Then I filed for a
motion for bill of particulars because I believe that
the complaint was defective. I filed the motion on
June 13. Will the running of the period ne
interrupted? Yes.
Now, 2 or 3 months later, I received an order from
the court denying my motion for bill of particulars,
what should I do?
1. I could file an answer within the remaining
period of 5 days. Remember that if you
count it from June 16, I have less than 5
days but under the provision of the law, I
have 5 days. What if I filed it on June 5? I
still have 11 days. The act that caused the
interruption is not counted in the
computation of the period. In that case, you
have how many days? 12 days.
2. I can file a motion for reconsideration. If it is
denied, can you file a petition for certiorari?
Only if there is grave abuse of discretion.
Whether it be a grant or denial of a motion for a
bill of particulars, it is an interlocutory order. If it is
a grant and you are the plaintiff. Can you contest?
Can you file an MR? Yes. What if the plaintiff did
not object to the motion and received the order
requiring him to submit a bill of particulars. He has
to, within the period required by law. Can the court
instead of asking for a bill of particulars, require
you to amend your complaint? Yes. Nasa rule yun.
What if the plaintiff submits a bill of particulars and
the defendant receives it, what is the effect to the
defendant?
The reglementary period will continue to run.
What if after receipt of the bill of particulars, the
defendant refused to file an answer?
The defendant could be declared in default.
If there is an order from the court requiring the
plaintiff to submit a bill of particulars and he fails
to do it, what will happen?
The court can dismiss the case based on Verata,
Rule 17, Sec.3 – failure to comply to an order of the
court. But if you will simply rely on the provision of
the law, the pleading can be stricken off or even
the allegations can be stricken off.
There is also a bill of particulars in criminal cases.
You file a motion for bill of particulars before
arraignment, not before plea. Why? Kase
babasahan ka eh. The information will be read to
you and if you feel that the information is
defective, you file a motion for bill of particulars. If
you file a motion for bill f particulars, the
arraignment will be suspended. That is the natural
legal consequence.
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In the case of Romualdez vs. Sandiganbayan, the
court said, “When allegations in the information
are vague or indefinite, the remedy of the accused
is not a motion to quash but a motion for bill of
particulars. The rule merely requires the
information to describe the offense with sufficient
particularity to apprise the accused of what he is
being charged with and to enable the court to
pronounce a judgment. There was a mention here
of a motion to quash, Rule 117. One of the grounds
for a motion to quash is that it does not constitute
an offense and the information is defective. Based
on Rule 117, the court will not immediately dismiss
it but order its amendment.
Is a bill of particulars prohibited in intra-corporate
cases?
According to the case of Reyes vs. RTC, in intra-
corporate controversies, a bill of particulars is a
prohibited pleading because the essence is to
expedite.
In Republic vs. Sandiganbayan, this is the case of
the Marcoses involving the recovery of property
which were believed to be ill-gotten. Ang
nangyari dito, dinemanda ang tatay niya, si
former President Marcos, pero kinamatayan
niya, so he was declared in default. Later on, the
representative of his estate came forward and
filed a motion for extension of time. Nag-file pa
ng motion for bill of particulars. Ano ang sabi ng
court? The legal effects of the granting of the
motions to file a responsive pleading, motions
for extension and motion for bill of particulars, is
that the default order against the former
president is deemed lifted. This is an unusual
case. Because of the procedural circumstances,
nag-extension tapos hindi nag-object yung
kalaban, tapos yung bill of particulars.
Inentertain yun, sabi ng court deemed lifted yung
order of default.
Can the court motu propio order a bill of
particulars?
No. The court cannot do that because it does not
know the facts, so the only party that could file is is
the defendant.
Service and Filing
What is the manner of filing? (In relation to the
court)
a. Personal – dadalhin mo dun sa clerk of
court
b. Registered Mail – the date of mailing is the
date of filing; as evidenced by the stamp on
the envelope
What is the proof that you filed it?
a. It appears in the records of the case (Primary
proof)
b. If it is personal – a copy with a stamp
acknowledgment of the court, stating the date,
time and the person who received it.
c. If it’s by registered mail – registry receipt,
affidavit of the person mailing
What is the mode of Service?
a. Personal
b. Mail – service by ordinary mail and
registered mail.
When is service complete?
Personal – actual delivery
Ordinary Mail – expiration of 10 days (because in
an ordinary mail, you will never know he will
receive it)
Registered Mail – actual receipt or expiration of 5
days, whichever comes first.
How to prove Service? (Service to Parties or Service
of the Court)
Personal
a. Written admission – bibigyan moko ng
kopya tapos pipirmahan ko
b. Official return – only covers service
originating from the court; by a sheriff
c. Affidavit of the person serving – for
instances where the person being served
refuses to receive it
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Ordinary Mail – proof by affidavit in accordance
with Section 7.
Registered Mail – registry receipt, affidavit of the
person mailing and return card (duly signed by the
recipient and sent back to sender)
Priority of Service
Rule 13, Section 11 – such that if you cannot do it
by personal service, you have to make an
explanation. Kapag hindi mo kayang padalhan ng
personal, paliwanag mo kung bakit. If you fail to
explain, the violation of this rule may be cause to
consider the paper as not filed. Pag petition ang
finile mo (petition for review, petition for certiorari
or appeal), it is as if you did not file the petition
without an explanation.
What is the effect? Dismissed. If you file a motion
for reconsideration without an explanation, it will
not interrupt the reglementary period – the
judgment becomes final and executory.
Is Section 11, Rule 13 mandatory?
Yes, in Domingo vs. CA, service and filing of
pleading and other papers must, whenever
practicable must be done personally, and if made
thru other modes, the party concerned must
provide a written explanation as to why the service
or filing was not done personally.
Isang jurisprudence, sinabi na I am not serving it
personally but through registered mail because of
time constraints. SC said that is not a sufficient
explanation. You should be able to give the reason
why you were not able to do it by personal service.
Time constraint is not sufficient.
In another case, yung isang opisina nasa PM Kalaw,
yung isang law office nasa Salcedo Village sa Makati
and there was no explanation. The SC said the
denial of the petition was proper. Why? Kase
malapit lang yan eh, Manila to Makati.
In one case, the distance of the lawyer with the
other lawyer is 83km. So walang explanation, the
other party made an issue kase walang explanation
eh. Anong sabi ng SC, it is obviously the distance
that prevented him to file personally. So the court
nevertheless accepted the pleading even in the
absence of an explanation.
In the same case of Domingo, the court said that
the liberal application of the rules is allowed only
when 2 requisites are present:
a. There is a plausible explanation for the non-
compliance
b. The outright dismissal would defeat the
administration of justice.
In Tible vs. Royal Savings, the Court held that the 2
requisites for the relaxation of the rules are: 1)
justifiable cause or plausible reason of non-
compliance and 2) compelling reason to convince
the court that outright dismissal will seriously
impair the administration of justice.
Is there substituted service under Rule 13?
Iba yung Substituted service here sa Rule 14. In
Rule 13, Substituted service is done when there is
failure of both personal and registered mail. Ano
ang gagawin mo? File mo sa court.
Service of a judgment to a Lawyer
Pinagtatalunan dito sa Mindanao Terminal case,
natanggap ba ni attorney for the reglementary
period to commence to run? The SC cited 2
provisions of Rule 13 – Section 9 (Service of
Judgments and Resolutions). How do you serve
judgments or resolutions? By personal service. In
this case, the copies of the records of the Court of
Appeals were sent by registered mail to the
parties’s respective counsels with a copy of the
decision. The copy of Atty. Dizon was received by a
certain Cabrera on December 4.
However, Atty. Dizon failed to inform the court of
his change of address. The records show that he
only informed the court about his change of
address on the succeeding year. This was almost
one year after the judgment was rendered on
December 2, also months prior to his change of
address. He filed a motion for reconsideration on
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August 2003 which bore conspicuously his old
address.
Sabi ng court, there was negligence on the part of
the lawyer, most specially, it involved a multi-
million case. Ang husgado kase padadalhan ka ng
notice sa address mo sa record. Notices coming
from the court shall be served to the counsel on
record if there is one and the counsel of record will
be authorized to receive it. Once he receives it, the
reglementary period starts to run, if he fails to act,
the judgment will become final and executory.
In the FEU case, tinapal sa pader and resolution. Is
there proper service of resolution? No because
there are only 2 ways, by personal or registered
mail.
Lis Pendens
What is a notice of lis pendens? Is it a lien or and
encumbrance?
Do you need an order from the court to cause an
annotation of a notice of lis pendens?
No, kaya nga notice eh.
In the leading case of Atlantic Erectors, dinemanda
ko si Ms. A. It is an action for sum of money tapos
ginawa ko, I caused the annotation of lis pendens.
Is that correct? No. The subject of the action should
be the title to, possession or interest over the real
property. Hindi ka pwedeng magpa lis pendens
kung sum of money.
How can you cause its removal?
You need an order from the court. You have to
convince the court that the annotation of the lis
pendens is only to 1)molest the party and 2) the
continuous annotation of the lis pendens is no
longer necessary to protect the rights of the party
causing the annotation of lis pendens.
In Atlantic Erectors vs. Herbal Cove, it was
said, “By express provision of law, the doctrine
of lis pendens does not apply to attachments,
levies on execution, probates of the will and
proceedings for the administration of an estate
of deceased person. Also, it is held generally
that the doctrine of lis pendens has no
application in a proceeding in which the only
object is the recovery of a money judgment
though the title of right of possession be
incidentally affected. It is essential that the
property be directly affected as where the
relief sought in the suit includes the recovery
of possession or enforcement of a lien or an
adjudication of conflicting claims on title,
possession or the right of possession to specific
property.
What is the purpose of a lis pendens?
According to the case of St. Mary of the Woods vs.
RD of Makati:
1. To keep properties in litigation within the
power of the court until the litigation is
terminated. This is not custodia legis and
accordingly, to prevent the defeat of any
judgment. Kase yung iba anong gagawin pag
yung property subject of litigation? Benta,
transfer
2. To announce to the whole world that a
particular property is in litigation and
serves as a warning that one who acquires
an interest over such property does so at
his own risk or that he gambles on the
result of the litigation.
Who has an inherent power to cancel a notice of lis
pendens?
A trial court, as provided in Section 14 Rule 13.
The problem with this case (St. Mary’s), umakyat
yung kaso sa CA. The trial court cancelled the lis
pendens, then inakyat sa CA. Ngayon, the power of
the CA to reinstate the annotation of the lis
pendens was put into question. The SC said that
the motion to reinstate is at the very least a mere
reiteration of one particular issue which was
already on appeal. The filing of the said motion
cannot be considered as in fact, forum shopping.
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Sabi ng SC hindi yan forum shoping kase it is the
very issue in the case and the CA can do it.
Can a notice of lis pendens create a right or a lien?
In the case of Vicente vs. Avera, it can neither
affects the merits of the case nor create a right or a
lien. Hindi yan lien, it serves to protect the real
rights of the registrant while the case is pending.
While the notice of lis pendens remains on the
certificate, the registrant could rest secure that he
would not lose the property or any part during
litigation. For this reason, a purchaser who buys
registered land with full notice of the fact that it is
in litigation, stands in the shoes of the vendor and
his title is subject to the incidents and result of the
litigation.
Kailangan ba a pag ikaw ang nagpa lis pendens,
sayo ang lupa?
No. In the case of Romero, it was said that there is
no requirement that the party applying for
annotation must prove his right or interest over the
property. The rule merely requires an affirmative
relief, it does not say that it should belong to you.
In the case of Heirs of Lopez vs. Enriquez, the cases
where lis pendens is proper were cited:
a. An action to recover possession of real
estate
b. An action to quiet title
c. An action to remove clouds
d. An action for partition
e. Any other proceeding of any kind directly
affecting title to the land, use or occupation
thereof.
When is lis pendens not allowed?
a. Preliminary attachment
b. Probate of the will
c. Levy on execution
d. Proceedings on administration of estate
e. Proceedings in which the only object is
recovery of money judgment
Denial of Lis Pendens case
As decreed by Section 76, PD 1529, a notice of lis
pendens should contain a statement of the
institution of an action or proceeding, the court
where the same is pending. In this particular case,
the subject of the notice of lis pendens is “in
consulta” at the LRA. “In consulta”, administrative
proceeding to. The RD denied registration of the
notice of lis pendens because the notice was bereft
of an original petition or an original complaint
because it is only an in consulta to the LRA. Both
the LRA and the appellate court denied the
application because the petitioners are mere
movants and not original parties in the LRA case.
Summons
A. Natural person
a. Summons shall be served to the person
himself wherever he may be found in the
Philippines.
The case where the defendant cannot be served
with summons, yung mag-asawa. Marami silang
kaso. Siguro natunugan ng sheriff na may kaso,
pumunta yung sheriff dun sa court kung saan may
kaso. Binigay niya sa defendant. Sabi ng attorney ng
defendant, “Ay hinde wag mo ditto i-serve.
Pumunta ka dun sa bahay.
Can the summons be served anywhere in the
Philippines? Yes.
If the defendant refuses to receive the summons,
there is TENDER. There are different ways of doing
a tender. Pwedeng iiwan. Minsan nasa likod ng
gate, binabato or illaagay sa mailbox.
b. If there is no refusal, and hindi mo lang siya
talaga mahanap, you cannot serve it what
can you do? SUBSTITUTED SERVICE OF
SUMMONS.
What are the ways of Substituted Service?
1. By leaving a copy in his residence to a
person of sufficient and discretion residing
therein.
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2. By leaving a copy in his office to a
competent person in charge of the office
Sa Rule 14, substituted service ito. Sa Rule 13 kapag
service ng papers, documents, pleadings- personal
service yan.
In substituted service there should be a showing of
impossibility of personal service. How will you be
able to establish that?
Based on the case of Pascual v. Pascual and the
Manotoc case, there should have been at least
three attempts on two separate dates.
According to jurisprudence, a person in charge of
the office is the president, the general manager or
the person in charge of the office. The person
receiving it should know what a summons is about.
B. Juridical Persons
a. Domestic Juridical Entity – Section 11
- President, General Manager, Managing
Partner, Corporate Secretary (officer of the
company), Treasurer, In-house Counsel (a
lawyer who is employed with the company)
In the case of Cathay Metals Corp vs. Laguna West.
This involves a dispute between Cathay Metals na
bumili ng lupa sa mga farmers. These farmer
beneficiaries initially had an agreement with
Laguna West. So bumaligtad sila, nagbenta sila sa
Cathay Metals. Laguna caused the annotation of an
adverse claim. After Cathay Metals paid the value
of the lands, pinapacancel nila yung adverse claim.
Ang tanong, naserve ba ng tama ang summons sa
isang cooperative katulad ng Laguna West? Iniinsist
ng Cathay nay un ang address na nakalagay sa
Articles of Incorporation nila kaya dun iniwan yung
summons. Sinundan nila yung provision sa RA 6938
of the Cooperative Code of the Philippines that
provides that cooperatives are required to have an
official postal address to which notices shall be
sent. Yun ang kinapitan ng Cathay. Sabi ng court, a
cooperative provision cannot take the place of the
Rules of Summons under the Rules of Court. This is
not to say that notices cannot be sent to the
cooperative’s official address in accordance with
the Cooperative Code, however, service of notice
sent to the official address may not be used as a
defense for violation of procedure especially when
such violation affects another party’s rights.
Kailangan sundan ang Section 11 Rule 14 pa rin.
The list is exclusive, even substantial compliance is
not sufficient. If the whereabout is not known, they
could have served it through publication since it
was an action in rem.
What is the preferred service of summons whether
it be an action in personam or quasi in rem?
It is still personal service.
In the case of De Pedro vs. Romasan, ang
nakalagay sa return: “AURORA N. DE PEDRO –
Unserved for the reason that according to the
messenger of Post Office of Pasig there is no
person in the said given address”. Here, there was
no showing of facts and circumstances that would
render the service of summons impossible. You
cannot even go to substituted service or even
publication unless you showed an effort to do it by
personal service.
While you know that Section 11 applies to a
corporation, paano naman yung escheat of bank
accounts? (when a bank account becomes
dormant, it could be escheated)
This is in accordance with Act 3936, RCBC case,
service of summons according for escheated
accounts should be to the president, cashier or
managing officer of the bank and by publication of
the copy of such summons in a newspaper of
general circulation. Issuance of notice is not a
jurisdictional requirement. Escheats are actions in
rem. Judgment of escheat is conclusive upon
persons notified by advertisement as publication is
a constructive notice.
What if there was an effort to do it by Substituted
Service, but it was received not by the president but
by the staff. Was there proper service of summons?
No. improper kase staff lang yung nagreceive.
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Pag magpapa-publish ka, gusto mo mag-acquire ng

What if the company filed a motion to dismiss?
What is the ground? Improper service of summons?
Lack of jurisdiction over the person of the
defendant.
What can the court do on the Motion to Dismiss?
The court can:
a. Grant it
b. Deny it
c. Order the issuance of an alias summons –
the Supreme court has ruled on it, but it is
not in the law. This will usually happen only
if there is special appearance of counsel, so
that the court can order the issuance of an
alias summons.
How about if your client received a summons
together with the complaint but you have not read
the record. A few days before the expiration of the
period, the lawyer realized, the lawyer filed a
motion for extension of time. The service of
summons was defective but at that point in time
hindi pa niya alam. The summons was left to the
security guard.
What is the effect of the motion for extension?
You are deemed to have submitted to the
jurisdiction of the court. There is also a waiver on
the question of jurisdiction over the person of your
client (Carson Realty vs. Red Robin Security).
jurisdiction over the foreign juridical defendant,
you will have to cause the publication in the place
where they are doing business or where they may
be found accompanied by service by registered
mail in the last known address.
You can also do personal service through the
foreign court with the assistance of the
Department of Foreign Affairs. Pa-serve mo
summons abroad. All of these with leave of court.
Another one, by facsimile or electronic mail by
which proof of service may be generated.
Other modes as may be deemed convenient by the
court.
C. Non-Juridical Person – Section 8
- Service to any one of them or person in
charge will effectively be service to all
D. Detained Person
-Service of summons made to the person
charged with the management of the
detained person (warden)
Kailan gumagamit ng alias summons?
1. When the summons was returned
unserved
2. If the summons was lost

b. Foreign Juridical Entity – Section 12 Section 6 and 7 cannot be simultaneous. Kase there
1st paragraph should be impossibility of service muna bago
- Transacting business in the Philippines Substituted Service.
- With resident agent in the Philippines or a
government designated by law to receive Section 14 Section 15 Section 16
summons or officers or agents who are -applies when -the defendant -those who are
present in the Philippines the owner is is not found or temporarily
unknown or does not reside absent; he
2nd paragraph – No license in the Philippines and no whereabouts in the remains to be
Resident Agent unknown Philippines a resident of
-By leave of court, publication where the defendant (covers all - that which the PH
is found and service by registered mail in the last kinds of involves the a.Substituted
know address. actions) personal status service
- service by of the plaintiff, b. personal
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publication property of the service outside b. Affidavit of the person causing the
defendant who the country publication
does not reside c. service by
in the Phil, any publication Voluntary Appearance
other property with service by If you sought relief from the court, if you submit
where he has registered mail pleadings, you are deemed to have submitted to
interest in d. any other the jurisdiction of the court. You can no longer
whether actual manner as the question because improper service of summons if
or contingent court may waivable.
or where he deem sufficient
has a lien or Rule 15 – Motions
there is an
attachment on A motion is not a pleading. It does not raise a claim
the property or a defense. A motion seeks relief.
(quasi in rem
or in rem) Every motion should have a notice of hearing for as
- a. Personal long as it will not prejudice the right of the adverse
b. By party.
publication
(PH) plus That motion should have been served at least 3
service by days before the hearing. If you are setting the
registered mail hearing on a Friday, the notice should have been
in the last served not later than Tuesday.
known address
c. Other modes What is the consequence pag di ko nagawa yun?
as may be That motion could be considered as a mere scrap
deemed of paper. It produces no effect. It will not interrupt
convenient by the reglementary period, the judgment will
the court become final and executory. The notice is for the
adverse party so that he could prepare.

The 10-day Rule

In the case of Romasan, even before you try
publication, kailangan mag personal service ka pa
rin.
In Palma vs. Galvez, substituted service of
summons under Section 7 of Rule 14 in a suit in
personam against persons temporarily absent in
the Philippines is a normal service of summons.
That will confer jurisdiction on the court over such
defendant.
Proof of Publication
a. Affidavit of the printer
It means that you have to set it for hearing no later
than from the date of its filing.
If you set it for hearing beyond 10 days, your
motion will be denied.
For example you filed it on the 2 nd, which is a
Tuesday, following the 3-day notice rule and the
10-day rule. Let us assume that the hearing will
either be on the 5th or th 12th kase Friday. If I file it
on Tuesday, can I set it for hearing on Friday? Yes.
Pwede ko i-set for hearing on the 12 th? Yes. Pwede
sa 16th? No because it is beyond the 10-day rule.

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What if I filed my motion on a Wednesday, can I set
if for hearing on a Friday? No because it will not
comply with the 3-day notice rule, I cannot ensure
receipt of the notice.
The only choice I have is to set it on the 12 th to
comply with both rules.
Important things to consider:
1. Ensure receipt of the notice three days
before hearing
2. 10-Day Rule
3. Motion Day (Friday)
Omnibus Motion Rule
All grounds available should be included and
incorporated. Otherwise, grounds not raised will be
waived. This does not apply to Rule 9, Section 1
(litis pendentia, lack of jurisdiction, etc.)
Anama v. CA
Anama and Phil. Savings Bank entered into a
contract to buy real property in the name of PSB.
However, PNB rescinded the contract and sold
the property to another group (Co spouses).
Anama filed a complaint to declare the sale to
the Co spouses null and void. The SC eventually
denied the appeal. The decision become final
and so the Sps. Co moved for execution. The
motion for execution was without a notice of
hearing. The court said that the motion for
execution of the Sps. Co is such kind of motion. It
cannot be denied that the judgment sought to be
executed I this case had already become final
and executory. As such, Sps. Co have every right
to the issuance of a writ of execution. Here, the
SC had to reiterate on execution as a matter of
right as distinguished from discretionary
execution. The SC also said that the RTC has the
ministerial duty. Even if it was lacking with the
notice of hearing, the SC said it is the RTC’s
ministerial duty to enforce the same. The right
on the part of the Sps. Co and the duty of the
RTC are based on Sections 1 and 2 of Rule 39 of
the Rules of Court. So ditto, rinelax ng court yung
application ng 3-day notice rule.
Trillanes v. Marigomen
Trillanes filed a resolution directing the Senate
Committee on Accountability to investigate in aid
of legislation the alleged 1.601B overpriced 11-
storey Makati City Hall Parking Bldg. Reported
overpricing of the 22-storey building at an
average of 240,000sqm and other related
anomalies. Petitioner alleged that the Senate
Blue Ribbon Committee, Vice Mayor Mercado
testified on how he helped Mayor Binay acquire
various assets including what is now known as
Hacienda Binay. But there was a businessman
whose name was dragged into the picture, or the
person with whom the mayor allegedly had a
transaction and that was Antonio Tiu, a Chinese
businessman. In one of these interviews,
petitioner admitted at the Senate that during the
gaps of the plenary hearings as well as
committee hearings, he replied to questions of
media. He expressed his opinion that based on
his office review, Antonio Tiu is a front or
nominee or is acting as a dummy of the actual
beneficial owner who is VP Binay.
Nagdemanda ng damages yung businessman.
Then, Sen. Trillanes filed an unusual pleading. He
went from RTC straight to the SC. Yung pleading
niya ang title is “An answer with a Motion to
Dismiss. What is important here is the discussion
on preliminary hearing on the affirmative
defenses. Sabi ng court hindi pa daw pwedeng
mag-preliminary hearing dahil hindi pa
nareresolve yung motion to dismiss. They made
reference to Section 6 – if a motion to dismiss
has been filed and an answer with an affirmative
defense is subsequently filed, there will be no
hearing of the affirmative defenses. Wag ka na
mag-motion to dismiss, answer ka na lang with
affirmative defense. That is really the come-on of
this provision.
No preliminary hearing on lack or absence of
cause of action
The motion to dismiss states the complaint does
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not state a cause of action. What is the rule on
that? Do you need a hearing on that? The rule is
that when you file a motion to dismiss and the
ground is that the the pleading asserting the
claim does not state a cause of action, you
hypothetically admit the facts and based on the
facts, the only question is, can the court make a
valid judgment? Regardless of whether or not
the allegations are true. Yung totoo o hindi yan,
is a matter to be determined during trial. If the
court can make a valid judgment, then the
motion should be denied because it states a
cause of action.
There is another ground which is not a ground
for a motion to dismiss – lack or absence of
cause of action. This has been repeatedly
touched in a number of cases. If the ground for
dismissal is lack or absence of cause of action,
you cannot ask for a preliminary hearing of the
affirmative defenses. Lack or absence of cause of
action is not a motion to dismiss. Besides, lack or
absence of cause of action is a matter to be
determined during trial so there could be no
preliminary hearing of this fact.
Speech or Debate Clause
Petitioner admits that he uttered the questioned
statements, describing private respondent as
former VP Binay's "front" or "dummy" in
connection with the so-called Hacienda Binay, in
response to media interviews during gaps and
breaks in plenary and committee hearings in the
Senate. With Jimenez as our guidepost, it is
evident that petitioner's remarks fall outside the
privilege of speech or debate under Section 11,
Article VI of the 1987 Constitution. The
statements were clearly not part of any speech
delivered in the Senate or any of its committees.
They were also not spoken in the course of any
debate in said fora. It cannot likewise be
successfully contended that they were made in
the official discharge or performance of
petitioner's duties as a Senator, as the remarks
were not part of or integral to the legislative
process.
The Speech or Debate Clause under the 1935
Constitution "was taken or is a copy of sec. 6,
clause 1 of Art. 1 of the Constitution of the
United States." Such immunity has come to this
country from the practices of the Parliamentary
as construed and applied by the Congress of the
United States.
So sinabi dito, hindi mo pwedeng claim yung
Speech or Debate clause because as you have
admitted that he was a dummy or a front of VP
Binay was made during the gaps or breaks of the
Senate Committee hearings.
Period to File a Motion to Dismiss
Before an answer, within the period of 15 days.
Effect of Motion to Dismiss to the Period to
Answer
The reglementary period is interrupted. If you are
confused, just try to remember our discussion on
Bill of Particulars, it interrupts the period. If the
MTD is denied, then the period starts to run again.
Do you follow the same rule as in a bill of
particulars?
Yes. If the remaining period is less than 5 days, in
all cases you have 5 days.
Difference bet. MTD and Motion for a Bill of
Particulars
A bill of particulars is an interlocutory order,
whether it is granted or denied.
In motion to dismiss, it would depend on the action
of the court. The court can grant it, deny it or order
an amendment. The court cannot say that it is
indubitable. The courts cannot defer ruling on a
MTD.
If the court dismisses the case, it is something that
finally disposes of the case. What is your remedy?
If the ground is (f), (h) and (i) – Ano yun?
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Res Judicata, Statute of Limitations, Payment,
Waiver, Abandonment, or otherwise extinguished,
and Unenforceable under the Statute of Frauds. -
Appeal. You cannot re-file.
What if other grounds?
Lack of jurisdiction over the person of the
defendant, lack of jurisdiction over the subject
matter, improper venue. Can you re-file? Yes. This
is without prejudice.
What is your remedy?
Under Rule 41, a dismissal without prejudice is not
subject of an appeal. You can re-file it or Rule 65
When you are asked kung ano ba ang remedy, you
have to check ano bang grounds yung sinasabi dun.
Grounds for a Motion to Dismiss
1. Lack of jurisdiction over the person of the
defendant – is this a ground that could
raised by the court motu propio? No. Is it
waivable? Yes. If there is an improper
service of summons, the court will not
acquire jurisdiction over the person of the
defendant.
2. Lack of jurisdiction over the subject matter
– Can the court dismiss this motu propio?
Yes. Can the court just forward it to the
competent court? No. it should be
dismissed. Ibang usapan kapag “exercise of
jurisdiction”. Ibig sabihin pare-pareho
tayong RTC, pero ikaw special court pwede
yun. Pero kung MTC, ipapasa sa RTC, hindi
pwede. It is the law that confers
jurisdiction. Hanapin niyo yung batas na
nagbibigay ng jurisdiction.
3. Improper Venue – Can this be a basis of the
court to dismiss motu propio? No. A
dismissal can only be prompted by the party
when the ground is improper venue. Venue
is waivable. It can be subject of consent and
agreement.
4. Lack of Legal Capacity – you file a MTD
because he is filing an action despite the
fact that he is a minor. He is filing an action
for someone without authority. Remember,
in a representative action, an authority
should be very clear. Aside from that, the
name of the party he represents should be
indicated. It is the person he represents
that is the indispensable party. For a
corporation, if it is not duly incorporated, it
can be a ground for a MTD.
5. Payment, Waiver, Abandonment, or
otherwise extinguished
6. Litis Pendentia – this could be rooted on
splitting cause of action where the causes of
action are the same but the prayers are
different. Which should be dismissed? The
more recent case.
7. Statute of Limitations
8. Unenforceable under the Statute of Frauds
– there are certain agreements that should
be placed in writing. If it is not placed in
writing, it is unenforceable. Even if it
appears that there is an agreement, but
there is no evidentiary matter to support it.
However, even if in the absence of such
document to prove the existence of the
agreement, the same can still be enforced if
it has been partially performed or executed.
This ground bars re-filing
9. Condition Precedent – failure to refer the
matter to barangay conciliation. Is that
waivable? Yes. If it is a suit between
members of the same family? You have to
comply with the requirement of exploring
possibilities of a compromise.
Another example that may fall on two grounds: the
pleading asserting the claim states no cause of
action or non-compliance with condition precedent
is non-exhaustion of administrative remedies. For
example in an administrative case in a school, you
should have went to the Board of Trustees before
going to the court.
Anunciacion v. Bocanegra
There was a motion to dismiss filed without
invoking lack of jurisdiction over the person of
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 42 | P a g e
the defendant. There was a second MTD and for
the first time, he raised the lack of jurisdiction
over the person of the defendant. The court said
that the filing did not divest the court of its
jurisdiction over the person of the respondents
who have earlier voluntarily appeared before the
court by filing a motion to dismiss and the
supplemental motion to dismiss. The
respondents are deemed to have submitted to
the jurisdiction of the court.
Quite apart from their voluntary appearance, the
supplemental motion to dismiss and the second
were clearly in violation of Rule 15, Section 8.
Sabi ng court, maliban dun, mali pa rin kase
nagsubmit ka na sa jurisdiction, and you have
violated the Omnibus Motion Rule and Rule 9,
Section 1. Applying the foregoing rules, the
defendant’s failure to raise the lack of
jurisdiction the very first time they raised a MTD
was fatal to their cause. They are deemed to
have waived that particular ground for dismissal
of the complaint.
Dapat at the very first instance, you raise it. The
trial court plainly abused its discretion when it
dismissed the complaint on ground of LOJ over
the person of the defendant.
Under the rules, the only grounds that the court
will take cognizance of even if not pleaded in the
MTD are: LOJ, litis pendentia, res judicata and
Statute of Limitations.
Aquino v. Aure
Failure to raise the absence of a barangay
conciliation certificate amounts to a waiver.  The
1997 Rules of Civil Procedure provide only three
instances when the court may motu
proprio dismiss the claim: subject matter
jurisdiction, litis pendentia, res judicata and
statute of limitation.
Case
An order denying a MTD is an interlocutory
order. Ordinarily after denial, the defendant
should file an answer. Unless, the denial is with
GAD. If you believe there is GAD, you can file
under Rule 65. As such that the general rule that
denial of a MTD cannot be questioned, in a
special civil action for certiorari, which is
designed to correct errors of jurisdiction, neither
can a denial of a motion to dismiss be subject of
an appeal unless and until final judgment is
rendered.
In order to justify the grant of the extraordinary
remedy of certiorari, the denial of the MTD must
have been tainted with GAD.
So dito, makikita niyo sa paliwanag ng court,
hindi ka pwedeng mag-certiorari, ganun kaagad
eh, yun ang general rule because that is an error
of jurisdiction. Tapos sabi ng court hindi mo rin
naman pwedeng i-appeal. Ang appeal papasok
lang after the termination of the case. Pero you
can avail of certiorari if the denial was tainted
with GAD.
In the second issue, the court said that there are
three courses of action: grant, deny, allow
amendment. Deferment of the resolution of the
MTD if the ground relied upon is indubitable is
no longer allowed. It is now specifically required
that the resolution on the motion should clearly
and distinctly state the facts and the reasons.
The court cannot simply dismissed based on lack
of merit.
What you should remember?
1. The court will have to resolve a motion to
dismiss.
2. If the court resolves a motion to dismiss, it
should state clearly the reasons for ruling
on the MTD whether it was to grant, deny
or allow amendment
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To say that “It lacks merit” or “It requires a full-
blown trial because there are justiciable
questions”, falls short of the requirement of the
law.
Rule 17 – Dismissal by the Plaintiff
Types of Dismissal In Civil Procedure
1. Motion to dismiss
2. Dismissal by the plaintiff
3. Failure to prosecute
4. Demurrer to evidence
These are procedural tools that could lead to a
dismissal of the case. Unlike Rule 16, Rule 17 does
not require a ground.
Section 1 – Can the plaintiff cause the dismissal?
Before an answer. How? By a notice of dismissal (as
a matter of right). This dismissal is without
prejudice, therefore you can re-file. If it is revived
based on the same cause and again dismissed, can
it be re-filed again? No. it is already with prejudice.
Section 2 – this is from the case of Alex Raul Blay
vs. Bana, in this section presents a situation when
an answer has already been filed. Yung Section 2
may sagot na, now the plaintiff decides to dismiss.
Naisip niya lang. but considering that an answer
has already been filed, you will file a motion,
instead of a notice. We will have to contend now
with the counterclaim because there has already
been an answer. The counterclaim will have to
stand on its own merits, meaning it has to survive.
As a rule, where will the counterclaim be
prosecuted? In a separate action unless the
defendant manifests within 15 days that he wants
it prosecuted in the same action.
What happens to a counterclaim in an answer with
an affirmative defense if the case is dismissed?
Under Rule 16 Section 6, the counterclaim survives
and it can be prosecuted in the same or separate
action, walang qualification, walang period.
If the plaintiff used Section 2 to dismiss it, is it with
prejudice?
No. It is without prejudice, unless the court says
otherwise.
Section 3 – Failure to prosecute.
a. Failure to present your evidence in chief,
meaning hindi ka nakapagdala ng testigo on
direct examination.
b. Failure to present your evidence for an
unreasonable length of time
c. Failure to comply with the rules
d. Failure to comply with an order of the court
(not following the rule on indigents, not
following an order to submit a bill of
particulars)
Rule 18 – Pre-Trial
In the ordinary course of a case, this is what
happens, once there is a complaint, there will be a
summons.
Complaint – in certain instances, the plaintiff will
file a reply; pag walang reply, the plaintiff will now
file within 5 days from the date of the last pleading.
- The plaintiff will file an ex parte motion to set
the case for pre-trial
- if the plaintiff fails to file an ex parte motion,
the court will immediately issue a notice of pre-
trial (the date will be identified)
According to the case of the City of Lapu-lapu,
di nag-file ng motion to set pre-trial sa
expropriation case, inip na inip na yung mga
may-ari ng lupa. Sabi nila dapat madismiss na.
dun pinaliwanag ng husgado yung proseso. Sabi
ng SC, ex parte motion muna kayo, kapag di
nangyari yan, notice of pre-trial na kaagad sa
court, so dapat di ma-dismiss.
- Let us say the date for pre-trial is July 14 and
the notice was sent on July 11
- 3 days before, the parties will submit their
pre-trial brief
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According to Sec. 4 and Sec.5, the parties and
the counsel should be present. If the party is
not present, the representative is usually the
lawyer wherein the authority is either through
a Special Power of Attorner or a Secretary’s
Certificate embodying the b board resolution
On the first day (July 14), magkakaroon siya ng
order referring the case for mediation.
A few days before the pre-trial, some judges
will call for a preliminary conference before the
clerk of court.
When the case is referred to mediation, the
case will be suspended for a period of at least
30 days to a maximum of 60 days.
If there was a successful mediation, there will
be a compromise tapos na isusubmit na sa
husgado for approval of the compromise
agreement which will now be adopted as a
compromise judgment.
If unsuccessful and mediation, pupunta sa
judicial dispute resolution (conciliation). If
unsuccessful, only then will there be a pre-trial.
On the date of the pre-trial proper (Oct. 14),
yung nasa pre-trial brief ang ididiscuss. Ano
yun? Willing ka bang mag-amicable settlement?
Summary judgment ba kayo? Willing to avail of
modes of discovery? Judgment on the
pleadings? Gusto niyo ba mag-refer sa
Commissioner? Ilan ang testigo niyo? Ano ang
substance ng testimony ng testigo niyo? How
many hours are needed for him to be able to
testify? Sasabihin dyan yung mga stipulations,
admissions niyo, trial dates.
After that pre-trial proper, the court will come
up with a pre-trial order and that pre-trial
order will dictate the conduct of the trial.
Kasunod na dyan ay trial.
Absence of parties during Pre-trial (Effects)
If the plaintiff is absent, the case will not be
dismissed if:
1. There is be a valid excuse
2. There is a third party duly authorized
If the absent party is the defendant:
The plaintiff will be allowed to present evidence ex
parte and thereafter the court can render a
judgment.
Would it be sound for you to proceed to Trial
without a Pre-trial order?
No, it will not be sound but is not required by law.
Tolentino vs. Laurel
The defendant was once declared as in default
(means the defendant was absent during the
pre-trial). So pinagbigyan ng judge pero di pa rin
tumigil. The petitioners had every chance to air
their side and even reconsidered its order
declaring petitioners in default. Notwithstanding,
petitioners and counsel failed to take advantage
of such opportunity and disregarded the legal
processes by continuously failing to appear
during the pre-trial of the case without any valid
cause.
Clearly, where the trial court allowed the
respondents to present their evidence ex parte
due to the continued failure of the petitioners to
appear during pre-trial, it did so in accordance
with Rule 18, 1997. Plainly, petitioners cannot
complain that they were denied due process.
What the fundamental law prohibits is total
absence of opportunity to be heard. When a
party has been afforded an opportunity to
present his side, he cannot feign denial of due
process.
Remedy when plaintiff is non-suited and the case
is dismissed
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Remedy is an APPEAL because that amounts to an
adjudication on the merits, nothing else to be
done.
You keep on hearing this statement on a motion to
dismiss, if the ground is that the pleading asserting
the claim states no cause of action, you just have to
look at the pleading. And if the court can render a
valid judgment regardless of the truthfulness of the
allegations, then the case will not be dismissed.
There are exceptions to that rule, namely:
(Maramag vs. Maramag)
1. The falsity of the allegations is subject of
judicial notice,
2. Allegations are legally impossible
3. the allegations refer to facts which are
inadmissible in evidence;
4. 4. by the record or document in the
pleading, the allegations appear unfounded;
or
5. there is evidence which has been
presented to the court by stipulation of the
parties or in the course of the hearings
related to the case.
Maramag vs. Maramag
Sinabi dito sa complaint, the second family of
the husband who died was not entitled to
the insurance claims. Sabi nila, una,
illegitimate yung mga anak. Pangalawa, yung
second wife was the one who attempted to
kill the husband. Sabi ng court dito, “It is
evident from the face of the complaint that
petitioners are not entitled to a favorable
judgment in light of Article 2011 of the Civil
Code”.
Pacana vs. Pacana
Not being a real a real party in interest, is that a
ground for a MTD?
No, it is not a ground. The ground is the pleading
asserting the complaint states no cause of action.
Is this waivable?
Yes, under Rule 9. Section 1.
Rule 19 - Intervention
When to Intervene
You could intervene before rendition of judgment
in the trial court. Interventions in the appellate
court is purely within the discretion of the
appellate court.
Types of interveners to an action?
1. Complainant-in-intervention against the
original defendant
2. Complainant-in-intervention against both
the original parties
3. Defendant-in-intervention
Who can intervene?
A person who has a legal interest in the matter
subject of litigation. It could be a property
litigation, interest over property, rights of parties,
any matter where there is a legal interest
Is the court obligated to admit an intervenor?
No, it is left to the discretion of the court because
the court will have to ascertain whether:
a. There will be delay in the determination of
the rights of the original party or;
b. Whether the rights of the intervenors can
be protected in that action.
The concept of intervention is to avoid multiplicity
of suits involving the same matter.
An intervener can join the complainant or make a
claim against both or he could join the defendant.
To intervene, you need to file a motion for
intervention.
Can a mortgage interest be a basis of an
intervention?
No. In this particular case there is the loan where
the security is a vessel. The borrower was not
able to pay the same. The vessel was foreclosed
but the crew of the vessel insisted on their
preference so they filed an action in the regular
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court. Nung nalaman ng lender yung action, so
he intervened in the action in court.
The court said that a mortgage interest is not
sufficient legal interest. If you are to intervene as
a plaintiff-in-intervention, you should have your
own cause of action. It should not only be what
appears to be an interest on the property. You
will have to say that your rights have been
violated. Every complaint must have a cause of
action. Every ordinary civil action should have a
cause of action.
Layuco case
In this case, the motion for intervention was filed
after a judgment has been rendered in which it
has already been final and executory. Certainly,
intervention can no longer be allowed in a case
already terminated by final judgment.
Intervention is merely collateral, accessory or
ancillary to the principal action and not an
independent proceeding. It is an interlocutory
proceeding dependent on or subsidiary to the
case of the original parties. Where the main
action ceases, there is no pending proceeding
wherein intervention can be based.
In exceptional cases, the court has allowed
intervention notwithstanding the rendition of
judgment in the trial court. So may exception
pala.
In one case, Director of Lands vs. CA,
intervention was allowed even when the petition
for review was already submitted for decision in
the Supreme Court.
In the case of Mago vs. CA, the court granted
intervention despite the case having become
final and executory. It must be noted, however
that in both these cases, the intervenors were
indispensable parties.
Tandaan niyo yun, i-aallow ang intervention kahit
na on appeal , kahit may judgment, kahit na yung
case ay final and executory kung intervenor ang
indispensible party.
What is effect of the dismissal of the principal
complaint to the complaint in intervention?
The RTC cannot be faulted for dismissing the
complaint in intervention, considering that it had o
jurisdiction over the action and over the subject of
the complaint. The RTC had no jurisdiction to take
cognizance of the complaint-in-intervention and
act thereon except to dismiss the same. This is a
restatement of intervention is merely ancillary and
supplemental to the existing litigation.
Intervention presupposes the pendency of a suit in
a court of competent jurisdiction. Jurisdiction of
intervention is governed by jurisdiction of the
main action.
Pinlac vs. CA
In another case, the court allowed an
intervention. The intervention of the Republic is
necessary to protect public interest. In this case,
the Republic was allowed to intervene because
of the constitutional mandate that no one should
be deprived of his day in court and more
importantly, the intervenor is an indispensable
party.
Can a defendant-in-intervention raise a
counterclaim?
Yes, because the court has jurisdiction over him
and because he can raise a counterclaim against
the original plaintiff.
Rule 21 – Subpoena
Collado vs. Bravo
Can a subpoena be issued in the absence of a
pending case?
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Ang nangyari dito walang pending case, gusto
niya lang mediate ang mga tao. As clerk of court,
she issued a subpoena.
Respondent’s act of issuing the subpoena to
complainant was evidently not directly or
remotely connected with respondent’s judicial or
administrative duties. It appears that she merely
wanted to act as a mediator or conciliator in the
dispute between complainant and the Baterinas,
upon the request of the latter.
 Absent any proceedings, suit, or action
commenced or pending before a court, a
subpoena may not issue.
In this case, respondent knew there was no case
filed against complainant. Neither had
complainant commenced any proceeding against
the Baterinas for whose benefit the subpoena
was issued. Respondent, then, had absolutely
neither the power nor the authority nor the duty
to issue a subpoena to the complainant.
So yung nangyari dito inabuso niya ang position
niya.
Who can issue a subpoena?
1. The court
2. The court where a deposition is to be taken
3. Investigative offices
What if a person is in prison, can he be released by
subpoena?
YES, upon order of the court.
Two (2) Subpoenas in our Jurisdiction:
1. Subpoena Ad Testificandum – to appear and
testify
2. Subpoena Duces Tecum – to bring in court
books, papers, documents that the
requesting party requires.
The nature of a subpoena is a compulsory process.
Kaya ang tao medyo takot sa subpoena.
What does it mean to quash a subpoena?
It is to render the subpoena ineffective.
How to Quash a Subpoena Duces Tecum
1. Unreasonable
2. Oppressive
3. Irrelevant
4. Failure to tender cost of production
5. Failure to tender witness fees
6. Failure to tender kilometrage
7. Failure to sufficiently describe with
definiteness the books, papers and
documents requested
Example, hindi pwedeng “all the books of Mr. X,
“all the FS of ABC Corp.”, “all the invoices” – hindi
pwede. Kailangan ililimit mo. Sabihin mo, “all the
invoices for the period from this and this involving
the sale to this and this person”, pwede yon.
Ano ba ang ibig sabihin ng unreasonable and
oppressive?
In a case I handled, I moved to quash the subpoena
that asked my client to produce airway bills for the
last 5 years. That was unreasonable and
oppressive.
Roco vs. Contreras
Well-settled is the rule that before a
subpoena duces tecum may issue, the court
must first be satisfied that the following
requisites are present: (1) the books, documents
or other things requested must appear prima
facie relevant to the issue subject of the
controversy (test of relevancy); and (2) such
books must be reasonably described by the
parties to be readily identified (test of
definiteness)
A general inquisitorial examination of all the
books, papers, and documents of an adversary,
conducted with a view to ascertain whether
something of value may not show up, will not be
enforced.
Well-settled is Our jurisprudence that, in order
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to entitle a party to the issuance of a
'subpoena duces tecum,' it must appear, by clear
and unequivocal proof, that the book or
document sought to be produced contains
evidence relevant and material to the issue
before the court, and that the precise book,
paper or document containing such evidence
has been so designated or described that it may
be identified.
The production of the books and documents
requested by petitioner are not indispensable to
prove his defense of payment.
Kase ang kasong ito, nademanda rin siya ng
recovery of money at may mga chekeng
pinatlbog siya. So in order maybe to delay the
proceedings nagpa-subpoena duces tecum siya.
Sabi ng court hindi daw na-establish ang
relevancy.
While the matter of definiteness may be
satisfied, the matter of relevancy failed kase sabi
ng court, gravamen of the offense under BP 22 is
the act of making or issuing a worthless check.
The same is already consummated.
The petitioner would want it appear that the
books and documents subject of his request for
subpoena duces tecum are indispensable, or, at
least, relevant to prove his innocence.
Sabi ng court, tapos na eh, consummated na.
bakit mo pa kailangan mo ng mga ito? So
therefore, according to the court, this is
irrelevant.
What about witness fees?
Yung pera para sa witness fees, kailangan ibigay
sayo. Binibigyan ka ng witness fees, para sa
pamasahe mo.
Ano ba yung tender of kilometrage?
Gaano ka ba kalayo to the place where the hearing
is to be conducted? Yun ang itetender sayo.
How to Quash a Subpoena Ad Testificandum
1. That you are not bound to testify – spousal
privilege, filial privilege, attorney-client
privilege
2. Failure to tender kilometrage
3. Failure to tender witness fees
4. Dead man’s statute
5. You are an accused in a criminal case, (Pp
vs. Delgado). Prosecution calls the accused
Delgado to the witness’ stand to support
the case of the prosecution. Hindi pwede
yun. I will quash that subpoena. (Rule 115)
Violation of the right against self-incrimination can
only be raised kung nandun ka na sa witness stand.
Can the judge cause your arrest?
Yes, ang tawag dyan “bench warrant”. Kapag di mo
sinunod ang subpoena and you are within 100km,
yari ka.
What happens when you fail to comply to a
subpoena?
1. You could be held liable with a bench
warrant
2. You could also be held liable for indirect
contempt.
Rule 23 – Depositions Pending Action
Rule 23 – Pending Action
Rule 24 – Perpetuation of Testimony
a. Deposition Pending Appeal (it is
already on appeal and you foresee
that it is going to continue)
b. Deposition Before Action (wala pang
kaso, and una mong gagawin, mag-
file ng kaso para i-depose siya)
Rule 25 – Interrogatories of Parties (written
interrogatories between parties) Pag di ka party di
mo pwede gamitin to
Rule 26 – Admission by adverse party (ang
intention nito, once issues are joined, pwede kana
magpadala ng request for admission sa kalaban)
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Ano ang iaadmit mo? – facts of due execution of
documents
Rule 27 – Production of books, papers and
documents (only a mode of discovery); Inspection
to enter into the premises
Rule 28 – Physical or mental examination (it should
have a direct relevance on the issue) For example –
petition for guardianship
How To Initiate a Deposition
Section 1 – Once the court acquires jurisdiction but
before an answer, what you will file is a MOTION to
take deposition (it’s an opposite in relation to Rule
10 and Rule 17 which is notice)
Once an answer had been filed and you want to
take a deposition whether an oral or written
deposition, you have to file a NOTICE to take
deposition.
Rosete vs. Lim
In this case, there was already an answer which
was an Ex Abudante Ad Cautelam (a cautionary
answer). You file this when you don’t want to be
declared in default. For example, there was a
complaint, I filed a MTD. my MTD was denied,
then my period to file an answer continued to
run. Therefore, I would have to file an answer.
But I don’t want to file an answer, I would like to
question the denial of my MTD. I filed an MR, the
period was suspended. The MR was denied, and
I’m convinced that the judge was wrong. I would
like to get a TRO but I was not able to and the
proceedings were not suspended. But then, if I
allow the period to run, I may be declared in
default. I will file an answer Ex Abudante Ad
Cautelam, a cautionary answer.
Petitioners contend that the taking of their oral
depositions should not be allowed without leave
of court as no answer has yet been served and
the issues have not yet been joined because
their answers were filed ex abudanti cautela
pending final resolution of the petition for
certiorari.
In the case before us, petitioners contend they
have not yet served an answer to respondents
because the answers that they have filed with
the trial court were made ex abudanti cautela. In
other words, they do not consider the answers
they filed in court and served on respondents as
answers contemplated by the Rules of Court on
the ground that same were filed ex abudanti
cautela.
We find petitioners’ contention to be untenable.
Ex abudanti cautela means "out of abundant
caution" or "to be on the safe side." An answer
ex abudanti cautela does not make their answer
less of an answer. A cursory look at the answers
filed by petitioners shows that they contain their
respective defenses.
Petitioners’ argument that the issues of the case
have not yet been joined must necessarily fail in
light of our ruling that petitioners have filed their
answers although the same were made ex
abudanti cautela
Kase sabi ng petitioner, wala pa akong sagot
dapat motion ang finile mo. Pero sabi ng
respondent, may sagot ka na eh, pwede na kami
mag-file ng notice. Yun lang pinagtatalunan. The
key is, regardless what you call it. For as long as
there is already an answer, a party applying for a
deposition can file a notice to take deposition.
Sta. Maria v. Cleary
Mr. Cleary entered into a contract Sta. Maria in
connection with a company engaged in land. He
purchased $191,000 worth of shares. There is a
venue stipulation na an action can be instituted
in any of the districts of California, it can be
instituted in the Philippines at the sole discretion
of Mr. Cleary. He filed it in Cebu. For his
deposition, he did not want to come to the
Philippines, ang sabi niya, kunin niyo na lang ang
deposition ko. They objected, kase sabi nila the
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general rule is that a party or witnesses will have
to be presented on the stand para Makita nila
yung demeanor at conduct niya. Kaya ang
preference ng batas sa husgado.
Who can be parties to a deposition?
So sa Section 1, it touches on how to commence,
and who can be subject of deposition. Yung ang
pinagtatalunan. Sabi kase nila, ikaw ang party,
ikaw ang nag-institute ng action pinili mo ang
Pilipinas, umappear ka sa Pilipinas. That was the
contention of the Filipino defendant.
The court said, as to who – ANY, whether a party
or not to an action. Section 1 clearly provides
whether or not party ka, ordinary kang testigo,
or gusto kitang patawag, pwede kitang patawag,
walang distinction. So they cited a case here, eh
kumpanya nga eh, foreign juridical entity.
Actually, the SC allowed it. Can you depose the
officers of a juridical entity? Yes.
Paano naman yung mga officers ng foreign
juridical entity? Can you depose the officers?
Yes.
Sec. 4 – what are the uses of a deposition?
a. A deposition can be used to impeach
(very general, maraming paraan para
impeach ka- impeach ang character mo,
impeach ka for prejudice) Why did they
used “impeach” there? Because
deposition, having been taken some time,
in another place, before another officer,
of a statement you’ve made, can be used
later on to impeach you when you get to
be presented in court on a prior,
inconsistent statement.
b. For whatever purpose – for example you
would like to take deposition of a juridical
entity - an officer, director trustee, you
could use that whatever purpose. You
could also use this deposition for
discovery and also deposition in lieu of a
testimony in court. Ano pa? if the
opponent is dead. Pero take note, he is
dead – deposition taken in another
proceeding. Can you simply use it? You
have to apply Section 47 of Rule 130. That
is one of the exceptions to the hearsay
rule. Hindi pwede yun. You have to satisfy
the following:
1. That there was a testimony
2. That the proceeding was judicial or
administrative
3. Same subject matter
4. Same parties
5. There was an opportunity to cross-
examine
c. If the person is more than 100km from
the place where the hearing is to be
conducted
d. Because of age, imprisoned, infirmity,
sickness
e. His appearance cannot ne procured by a
subpoena
f. Other means, as may be determined
So yung kay Mr. Cleary, he was more than
100km, so pwede, kahit plaintiff siya. Sabi ng
court, there is utmost freedom for the taking of
the deposition.
Section 16 – Seeking a protection order
Gusto mong sabihin sa court, “Your Honor, the
deposition should be sealed in an envelope and
opened only by the officer”, Your Honor, I would
like to exclude the public, “Your Honor, yung sa
research and development kailangan iilan lang
ang makakaalam”. So itong mga ito, limitations
and restrictions so you will seek a protection
order.
You also apply for a protection order to because
the application for the deposition is only to
annoy, to embarrass or to oppress. Because you
want the protection order from the court, hindi
basta basta ibibigay ng court yun. You have to
satisfy 2 requirements:
1. There should have been a notice
2. It is for good cause shown
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Section 25 - so dito sabi ng mga Filipino
defendants, hindi ako makakapgcross-examine
dyan and besides that is very costly magpapadala
kami ng abogado. Sabi ng court, you could apply
request for written interrogatories. Dapat sinabi
mo written instead of oral. Dalawang klase yan
deposition pending action:
1. Oral - (Sec. 15) – notice contains
information like whose deposition is to be
taken, before whom it is to be taken,
anong oras, saan, substance, reason
2. Written – (Sec.25)
Once notice is given, there will be a deposition
and the deponent will be asked questions. Then
there is an opportunity for the other party to
conduct his cross, direct and re-cross. Lahat yun
oral.
Ito ang written – kapag may dala akong notice or
motion, nakakabit na lahat ng tanong which you
will serve upon the other party. Then, pag
natanggap ng kalaban, prepare siya ng cross-
interrogatories within a period of 10 days
(Sec.25)
Period to re-direct is 5 days and period to re-
cross is 3 days.
Sa written, lahat ng mga tanong na yan will be
collated and submitted to the deposition officer
and will be recorded.
Dual function of deposition:
1. Discovery
2. Method of presenting evidence\
When can you apply for a deposition?
You can apply for deposition is pending, even
after pre-trial. In fact, in the case of Jonathan
Land Oil vs. Magundadatu, there was already a
final and executory judgment and there was just
a need to get certain facts and the court allowed
it. Pwede, because the purpose of discovery is
really to assist the court.
In the Northwest Airline case, na kumukuha yung
mga depositions ng officers nila from abroad,
pina-strike down ng court kase wala naming
compelling reason. Yung problema dun, bago pa
mag-issue ng deposition si Judge, nag-deposition
na. Pangalawa, hindi nagging maliwanag paano
kukunin ng deposition. Kase under the Rules,
deposition to be taken in a foreign country dapat
before a secretary of embassy, legation, consul,
vice-consul. So dito, iba naman yung
pinagkuhanan ng deposition di man consular
officer.
Republic vs. Sandiganbayan
Pag nag-consolidate diba dapat the cases will
lose their separate identities, magiging isa.
Parang mag-asawa, ang dalawa ay nagiging isa.
Therefore, kung may successful na merger yan,
yung deposition sa sang kaso pwedeng gamitin
sa isa. Nagkaroon siya ng dalawang kaso, nagging
consolidation lang for the purpose of trial. But
they remained to be separate cases. Di sya
pumasa kase kailangan.
Sa Section 6 and sa Section 29, dito the fact that
you did not raise an objection, it does not mean
that you cannot contest it. This is because under
Sec.29, the competency and relevance is not
waivable. So ang mga objections, they could still
be raised during trial.
Section 2 – Subjects of Deposition
Any matter of fact for as long as it is not privileged.
Hindi pwede kapag privileged kase hindi rin tatayo
yan pagdating sa husgado.
Sec. 7 and Sec. 8 – Use and Taking of Deposition
Taking someone’s deposition does not mean that
you make the deponent as your witness.
Ang “use” iba, the moment you use a portion of
someone’s deposition. The other party can demand
the rest of it. Huwag niyong gagamitin kung hindi
talaga kailangan.
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Before whom can deposition be taken
Section 10 – in the Philippines; any judge; notary
public; any person authorized to administer oath
under Sec. 14
Section 11 – Foreign country; consular office
Letters Rogatory or Commission
Dulay vs. Dulay
Ricardo, who is living in the US, petitioned his
brother and nephew which was approved. Most
of his funds were named under the name of his
brother and his nephew. Nilustay ng kapatid at
pamangkin then bumalik sa Pilipinas.
Ngayon nag-file ng civil case against his brother.
Nag-apply siya for a taken of deposition. Instead
of telling him to take the deposition at the
consular office, the judge sent a letters rogatory
to a court of Boston but the same did not
respond. It is not within the trial court’s power to
force the court of Boston to let the deposition be
taken before it. Ang letters rogatory kase
goodwill yan, reciprocity yan.
Ano ang effect ng letters rogatory? It’s a
communication from one local court to another
court. So therefore, the Rule to be followed is
the rule of that foreign country. Because of this,
they were forced to go to a notary public in the
US, kinuha ang deposition at ipinadala sa
Pilipinas.
Pagdating ditto, sabi ng judge hindi pwede yan,
ipa-authenticate niyo sa konsulado. That is
where the concept of “commission comes in.
Commission is being appointed, being
designated. If you name someone from that
foreign country to take the deposition, the Rule
in the Philippines is the one to be followed. Yun
ang kaibahan:
Rogatory – rule nila
Commission – rule natin
The court allowed the one taken by the notary
public, they accepted it as substantial
compliance, akin to a commission.
San Luis case
Does Sec.1 of Rule 23 allow a non-resident
foreign corporation the privilege of having all its
witnesses, all of whom are foreigners to testify
through deposition upon written interrogatories
taken outside of the Philippines?
The Rule does not make any distinction or
restriction as to who can avail of a deposition.
The fact that private respondent is a non-
resident foreign corporation is immaterial. The
evident purpose it to enable the parties to obtain
the fullest possible knowledge of the issues and
facts before the trial.
Sabi ng court, they are more than 100km from
the place where the hearing is to be conducted.
Pajarilla vs. CA
He was asking for discovery measure because he
was residing in Manila which was more than
400km from Bontoc Mt. Province. He says he
was also suffering from illness.
The court said there is nothing in the Rules which
restricts depositions as a mode of discovery
before trial. Under certain conditions or a certain
limited purpose, it may be taken even after trial
had commenced and maybe even without the
deponent at the witness stand. There is no rule
that limits deposition taking only to the period of
pre-trial. Such being the case, there is really
nothing objectionable with the petitioner
availing of this mode of discovery. Ito yung
problema ng court…sabi ng court,
Viewed in the light of his previous
postponements, the records before us show that
petitioner stopped attending the hearings.
Petitioner offered no excuse for his and his
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counsel’s absence. The trial court set the hearing
for presentation of evidence but he only moved
for simply resetting.
So sabi ng court unusual yun. The court did not
take his story that he was sick and the distance
because it was never raised. We agree with
private respondent that the matter of distance
could have been settled had petitioner requested
a change of venue. The SC even attacked the
medical certificate, because it was very vague. It
only mentioned that the patient should avoid
strenuous activity.
So, while all of these are available, you cannot
abuse that power. Kung talagang gagamitin mo,
at the very first instance sabihin mo na yung
exceptions and circumstances mo.
Carriaga
Dito sa Carriaga, hindi lang yung Section 1 , Rule
115 yung pinaguusapan, pati in relation to
Section 47, Rule 115. Kase sa Section 1 – that the
witness is unable to testify. Yun ang pinaka-issue
dyan. Ganun lang ba kasimple yan? Pinadalhan
ka ng subpoena di ka umappear.
In Tan v. CA, it was ruled that unable to testify or
unavailability does not cover the case of witness
who were subpoenaed but did not appear. It
may refer to inability proceeding from grave
cause almost amounting to death as when the
witness is old and has lost the power of speech.
It does not refer to tampering of witnesses. The
threshold question then is the admissibility of
the sworn statement of Carriaga which was
attached to a position paper in a labor case.
Sabi ng SC, in fact, private prosecutor informed
the court that he is in Sultan Kudarat which is in
Cotabato, a mere 4 hours from Davao City.
Taking this, can this witmess be categorized as
one that cannot be found and despite due
diligence unavailable?
Sinabi ko lang to dahil pag lumabas yang rights of
the accused na yan, at wala ng testigo, patay na ,
unavailable or unable to testify, hindi lang yan
yun pinadalhan mo ng subpoena tapos hindi
pwede. The court said, we have to deny this.
What do you have to remember in the case of
Carriaga in relation to Rule 115(1)(f)?
If the witness is unavailable or unable to testify,
and you would want to use a deposition, or a
testimony given in another proceeding, whether
judicial or administrative, it will have to pass
Section 47. There should have been also an
opportunity to cross-examine.
Sales vs. Sabino
While depositions may be used in court
proceedings, they are generally not meant to
substitute actual testimony. A deposition is not
to be used when the deponent is at hand. In the
examples I gave you, nasa abroad sila, 100
kilometers, malalayo sila. So sabi ng court, kung
available yan, sila ang testigo sila ang iprisinta.
Kase yung isang testigo, sabi abroad. Did the
court allow? Yes. Suffice it to state that as a rule
that the inadmissibility of a testimony taken by
deposition is anchored on the ground that such
testimony is hearsay. The party against whom it
is offered has no opportunity to cross-examine.
Kaya lang daw yan nagiging hearsay dahil don.
But if there is an opportunity to cross-examine,
bakit hinde?
In participating in the taking of the deposition
but objecting to its admissibility in court,
petitioner did not assume an inconsistent
position.
Kunwari, nag-participate ako, ngayon I
questioned its admissibility during the trial,
inconsisitent position ba yon? The SC said, NO.
you could participate, but at the same time
during the course of the trial, object and
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question admissibility.
Can a person before whom a deposition is to be
taken be disqualified?
Yes. If he is related to the party within the 6 th
degree of consanguinity or affinity, an employee of
the party, related to the lawyer, one with a
financial interest on the subject of litigation.
Rule 23
1. Sectio 1 to 14 – General Provisions
2. Section 15 – Notice
Section 25 – Notice
3. Section 16 – Protective Order
Section 18
4. Section 17, 19, 20, 21 – applies to whether
oral or written
5. Sec. 25, 26, 27, 28 – written interrogatories
Sections 17, 19, 20, 21
a. Paano yun? Pag oral, there should be
someone to take note ideally a
stenographer under the direction and
authority of the deposition officer (Sec.17)
b. The draft will be presented to the
deponent para ma-review niya. Pwede rin i-
waive nila hindi na ipapasa
c. Deponent will have to sign unless the
signing is waiver of the parties
(if there is no signature, it would have to be
explained)
d. There should be a certification of the
deposition officer that it was voluntarily
taken
e. That deposition will be placed in a sealed
envelope (this is important because pag di
mo sinunod yung manner of deposition,
magkakaroon ng motion to suppress
deposition (Sec. 29)
Section 29 – Errors or Irregularities
Gagamitin ito pag may kinukwestyon ka dun sa
deposition. Ano ang pwede mo kwestyunin?
Di ako naibigyan ng notice? – waivable yan, unless
timely raised
Qualification? – Kamag-anak to ng party – it should
be timely raised otherwise it is waived or if it is not
known to you, at any time immediately when you
have knowledge of the same
As to Oral deposition? – waived yon
Ang hindi lang waivable at the outset is
competency and relevancy of evidence
Yung Sections 25, 26, 27, 28 written interrogatories
yan. Inulit niya lang yung mga sinabi natin kaya
maikli.
Yung Sec.29, that applies to all.
Sibayan v. Alda
Motion for Modes of Discovery in an
Administrative Proceeding
A certain Elizabeth charged the Assistant
Manager – Marketing Officer of BDO San
Fernando branch. Yung account niya daw may
P1,071,000 in July 2008. In October 2008, P334
na lang. ang nangyari ditto may mga dineoposit
daw dun sa account, hindi naman pinakialaman
ng manager. May 2 deposits coming from
hisrelatives in the amount of P2.7million and
another 2.3million. The real problem is itong si
Elizabeth ang yung kanyang relatives meron
palang special card (Fast Card) pala sa PCIBank
(formerly Equitable PCI, and now BDO). So from
abroad nakakuha sila ng pera. Pag kase may
merger, hindi agad nagrereconcile ang system.
Nakakuha sila ng P64M from withdrawalas.
Ginawa ng bank manager, sabi niya, bayaran niyo
to ng properties, sabi nya I will deduct sa mga
pera nyo. Tapos, all the accounts of the other
relatives, dinamay ng bank manager then they
required payment ng mga properties. Yung
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nanloko nag-turn around, siya pa yung
nagdemanda sa bank manager, “unsound
banking practices”. Sa case nay un, siya pa yung
liable (Elizabeth). So dun sa kaso ng bank
manager, she was asking for request to answer
written interrogatories and motion for
production of document.
SC said, The present action is an administrative
proceeding aimed at determining respondent's
liability, if any, for violation of banking laws.
So yung request for interrogatories na-deny. So
when it was raised to the CA from the BSP, the
petition was denied. The SC said, Technical rules
of procedure and evidence are not strictly
adhered to in administrative investigations.
At the outset, it bears stressing that the
proceeding involved in the present case is
administrative in nature. Although trial courts
are enjoined to observe strict enforcement of the
rules on evidence, the same does not hold true
for administrative bodies. The Court has
consistently held that technical rules applicable
to judicial proceedings are not exact replicas of
those in administrative investigations.30 Recourse
to discovery procedures as sanctioned by the
Rules of Court is then not mandatory for the
OGCLS-BSP. Hence, We cannot subscribe to
Norlina's tenacious insistence for the OGCLS-BSP
to strictly adhere to the Rules of Court so as not
to purportedly defeat her rights.In Our minds,
the defense of fraud[,] is sufficiently contained in
the pleadings
There are only two things that the SC has been
harping:
1. It is a summary proceeding
(administrative)
2. To allow this mode of discovery will only
delay the proceeding in the
administrative level.
Can there be deposition in special proceedings?
Yes, because the Rules have suppletory application
in special proceedings, as you will find it in Rule 72.
Rule 24
1. Deposition Before Action
Rule 24 has superseded Rule 134, that is
perpetuation of testimony.
Bakit kailangan mag-deposition na wala pang
kaso?
Eh, wala ka ngang ebidensya eh. The sole purpose
of filing the petition is you want to secure an order
to allow the taking of the deposition of those
individuals named in your petition.
Where is the venue?
We have discussed venue in Rule 4 but remember,
this is neither a personal action or a real action.
Bakit? Eh wala pa ngang violation of a right eh. Ang
gusto mol ang ay makapag-perpetuate ng
testimony. Venue is in the place where the
prospective or would be adverse party resides. SO
kung yung idedemanda ko nakatira sa Pampanga,
dun ang venue.
Ang use nito, kapareho ng sa Sec. 4, Rule 23.
Nakalagay sa provision yun.
2. Deposition Pending Appeal
Sa pending appeal, there is already a final
judgment but not yet final and executory. You are
asking the court that rendered the judgment to
allow the taking of deposition pending appeal.
Maaaring na-dismiss ang kaso, but you foresee
further proceedings and there are some reasons
like infirmity, or more than 100km, pwedeng mag-
deposition.
Where can you take the deposition?
In the court that rendered the judgment.
Ano ang ilalagay ko sa motion for deposition?
Yung tao whose deposition will be taken, the
reason you are taking such deposition, and the
substance of the deposition.
Rule 25
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Unlike in Rule 23, a party or not. In 25, the person
to be served written interrogatories should only be
a PARTY. Hindi mo magagamit ang 25 kung ise-
serve mo ang written interrogatories sa non-party.
Ano ang difference between written interrogatories
in 23 and those in 25?
Dito sa Rule 23, may direct, cross and re-direct and
re-cross. Sa 25, wala. You just have to answer the
interrogatories. For example pinadalhan ko si Mr. A
ng written interrogatories, sasagutin niya yon,
ganun lang. Pag sinagot niya, wala ng kasunod.
Section 6 – you can call your opponent to be your
witness (adverse party witness). You cannot just
call them on the witness stand, you have to serve
them written interrogatories. The judge has
reasonable discretion to allow even without
notice for good cause.
Yung notice (Sec.1), it is the same as in Rule 23.
Yung use (Sec.4) ng Rule 23 same.
Rule 26 - Admission by Adverse Party
Kapag finile yung admission by adverse party, ang
tawag dyan Request for Admission.
When to File?
- After issues are joined. What does that
mean? When there is already an answer.
Bakit di mo pwede i-file bago yon? Kanino
mo irerequest yung admission kung wala
kang kalaban, hintayin mo muna mai-serve
yung summons, makakuha ka ng
jurisdiction.
Subject of Request for Admission
1. When you want the other party to admit a
material or relevant fact
2. For the other party to admit the
genuineness of a material or relevant
document which is reproduced therein or
attached or exhibited on your request
Period to Respond / Comment
- Within a period of 15 days
- Failure to do so amounts to an implied
admission
- The answer should be sworn to
Sime Darby case
Sabi ng court, Request for Admission shows that
it contained matters which are precisely the
issues in the consolidated cases, and/or
irrelevant matters; Rule 26 as a mode of
discovery contemplates of interrogatories
that would clarify and tend to shed light on the
truth or falsity of the allegations in a pleading.
That is its primary function. It does not refer to a
mere reiteration of what has already been
alleged in the pleadings.
DBP case
If the request for admission has been previously
answered in a pleading, denied or admitted,
hindi na pwede ulitin.
Sabi ng court, in the case of Poe, a party should
not be compelled to admit matters of fact
already admitted by his pleading and to make a
second denial of those already denied in his
answer to the complaint.
Dineny na eh, uulitin pa ba. The Poe doctrine was
brought a step further. In the case of Aggregate
vs CA, the factual allegation of the complaint are
the very same allegations set for in the request
for admission and have already been specifically
denied, the response to the request is no longer
required. Pag may answer na, dineny mo na. sabi
ng court, yung subject ng Request for Admission
mo is a matter of law. PInapaadmit mo ang right
of redemption niya under Section 6, Act 3135.
You see, it is a matter of law, it is for the court to
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determine. Another is, when can he exercise his
right of redemption. Again, it’s a matter that is
for the court to determine.
CIR v. Manila Mining
Another matter is to admit the matter of an
Input VAT. Sabi ng court, this has already been
previously alleged in the petition and denied in
the answer. So there is no need to do it again.
Manzano case
Merong pre-trial, tapos the petitioner offered to
stipulate showing an itemized list of construction
materials delivered to the other party, together
with the cost within 15 days, furnishing the other
party who will state her objection, if any. So yun
ang kasunduan. Instead na yung offer to
stipulate, ang ginawa niya nag-submit siya ng
request for admission.
Ang kabila, hindi sumagot. Respondent, having
failed to discharge what is incumbent upon her,
that is denying the under oath the facts bearing
on the main issue contained in the request she
was deemed to have admitted the delivery of the
construction materials, the cost of which was
indicated in the request.
So ang usapan ay offer to stipulate, tapos nag-file
siya request for admission at hindi siya nagdeny
under oath, sabi ng court – ADMITTED yung
listahan ng materials plus yung cost. That is the
effect of failure to respond
Rule 27
1. Production of books, papers and
documents
- the difference of this from subpoena is that
you want to examine books, papers and
documents that you foresee you could use
in an action. You will have to file a motion,
unlike in a subpoena duces tecum where
there is already an active prosecution of the
case wherein you would like the court to
allow you to examine books, papers and
documents amply describe in a motion for
issuance of a subpoena duces tecum. Yun
ang kaibahan.
- Rule 130 – there should be a notice to
produce to the other party, without that,
you cannot present secondary evidence. So
wag kayo magugulat pag may Nakita kayong
production. Ano ba yan, mode of discovery?
preparation for a subpoena duces tecum?
Or is it preparation for presentation of
secondary evidence.
- But for now, Rule 27 is a mode of discovery.
2. To allow entry into the premises
- You are applying to be allowed to enter into
the premises, to photograph, to measure,
to view, to survey a real property. It is
something you could ask for under Rule 27.
- It is not an ocular inspection. You have what
you call the object to evidence which is the
perception of the court. You present an
object to evidence not for the witnesses to
appreciate but for the court to perceive. So
iba yung ocular inspection.
Rule 28 - Physical or Mental Examination
- Last mode of discovery
When to Use?
When the physical or mental condition is the
subject of the controversy. Like in cases of
guardianship. I cannot sue you for rescission of
contract and request the court for your physical or
mental examination because it has no relation at all
to the issues.
But let’s say in a case of guardianship the issue is
the condition of the ward, I could ask the court for
a physical or mental examination.
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If the case is for the custody of the child, and the
child has a physical deformity, or has mental
deficiencies, you may ask the court for physical or
mental examination.
The grant for the request of physical or mental
examination is left to the discretion of the court.
Can the court do this motu propio?
If you look at the provision of the law, Section 1
gives an impression that the court may, but you will
not find the term motu propio. What is indicated is
that the court has the discretion to decide.
However, if you read Section 2, it is only upon
motion. Although the court may have some level of
persuasion over the party, if it is clearly obvious in
open court, apply for physical or mental
examination, short of saying, “do it”. But if you look
at Section 2, it will say – only upon motion.
Effects of Request for a Copy of Examination
Let us say I was examined, MR. A caused my mental
examination.
What is the effect if I request for a copy of the
examination result?
the effect is a waiver on the privilege of all my
previous or subsequent examinations. The moment
I asked, it opens the door – meaning humingi ako,
pwede rin sila manghingi. Ano ang pwede nila
hingin? Yung mga dati kong examination, even my
subsequent examination because I asked. Yun lang
ibig sabihin ng provision nay an.
What if my doctor refused and was put on the
stand?
His testimony may be excluded.
Rule 29
- It is not a mode of discovery
- Rule 29 is about the consequences of non-
compliance.
Nakatanggap kg ng request for admission and the
matter is within your knowledge, you denied it. The
other party suffered costs to prove his point. For
example, mag-request ako for admission kay Mr. A,
obvious naman na alam niya pero kase yung mga
dokumento na yon nasa Cotobato. But because of
that denial, I can require him to shoulder my
expenses if I prove my point.
Refusal to Answer
What are the consequences for the refusal?
Sa Section 3. Pag ayaw mo sumagot – there could
be judgment by default. If you are the plaintiff,
there could be dismissal of the case.
But based on the law, you will have to comply first.
Sa consequences, hindi pwededng dismiss kaagad.
There should be an order requiring you to comply,
based on the provision of the law and based on
jurisprudence.
Haravata v. Carolos
Nagkaroon ditto ng judgment by default,
obviously, ayaw sumagot. The CA rightly held
that the trial court erred in rendering a
judgement by default against the defendants for
refusal to or failure to answer written
interrogatories without first requiring an
application to compel an answer.
So the serious consequences of default or even
the serious consequence of dismissal cannot be
applied there is a request or an application to
compel an answer. Sabi ng court, Nevertheless,
the CA erred in proceeding to decide the case on
the merits since there was yet no trial or the
presentation of evidence. This is a different issue
because, ano ba ang nangyari dito, naisip siguro
ng court na may default eh. And when the CA felt
na hindi dapat niya dinismiss ng walang
judgment by default, the court wanted to render
a judgment. Pero sabi ng SC, hindi pwede. Hindi
ka pwede kase ang effect nun judgment by
default kase wala naman naipresent na evidence
eh. Sabi ng court, it’s premature because there
was yet no presentation of evidence in the trial
court. So sabi niya, the Trial Court should be
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allowed to receive evidence.
Sa Section 3, Rule 29 pa rin ako, pwede bang
paaresto pag di nag-comply sa Rule 27 tapos hindi
rin sumagot?
The general rule is YES, except if what was refused
was physical or mental examination. You cannot be
arrested if the request is for physical or mental
examination.
Zepeda v. Chinabanking
Ito ang hindi sinagot ay buong written
interrogatory hindi lang tanong.
The court said, it is not Section 3 but Section 5
should apply. If you read Section 5, it is more or
less the same.
Solidbank v. Gateway Electronics
If you are requesting for production of books,
papers and documents, what do you need to
comply with?
According to the court, documents should be
described with particularity. Solidbank was able
to show good cause for the production of the
documents. It has also shown. It has also shown
that the documents are material and relevant to
the issue. So yung kailangan patunayan,
relevancy and particularity – sufficiently
described. However, Solidbank’s motion was
fatally defective and must be struck down for its
failure to specify with particularity the
documents it required the other party to
produce. This sounds familiar, these are the
same requirements for subpoena duces tecum. It
should be relevant and sufficiently described,
specified with particularity.
Rule 30 – Trial
What are the things I would like you to remember?
1. Postponement or Cancellation of Hearing
There are 2 recognized grounds under the
provision of the Rules.
a. Absence of material or relevant evidence –
you would have to establish that the object
or testimony of a witness or a document is
material and relevant and that you
observed due diligence in trying to procure
it. You will have to explain to the court why,
what were the diligent efforts you observed
and this will give the court give reason
whether to grant the postponement.
b. Illness – there are 2 requisites: that the
presence of the lawyer or the party is
indispensable. Ano ibig sabihin ng
indispensable, sila yung magppresenta ng
depensa, yung testigo yung talagang
makalinya ngayon. Secondly, the nature of
the illness will render the absence
excusable. Ano ba yung mga absence na
pwedeng patawarin ng court? Hindi pwede
yung masakit ang ulo ko, masakit ang ngipin
ko. Ano ba yung mga illness na pwedeng i-
excuse ng court -yung mga contagious,
beke, sore eyes. Yan ang pinakamagandang
excuse, pero wag ka magsinungaling.
Chicken pox, mga measles, yung mga
ganyan.
Ortigas v. Lufthansa
When a party seeks postponement of hearing,
for reasons caused by his own inofficiousness,
lack of resourcefulness and diligence, if not total
indifference to his interest or interest of those he
represents thereby resulting in his failure to
present his evidence, the court will not give him
its mantle of protection.
Hap Hong Hardware v. Philippine Milling
Company
The court laid down the standard. In this case,
hindi raw siya mkaa-attend dahil milling season
eh, nasa Mindoro daw siya. Sabi ng court, we
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held that the reason adduced was not
unavoidable and one that could have not been
foreseen, therefore that is the standard.
In one case, the doctor that was supposed to
appear in court to be a witness cannot appear
because she said that she is attending a
convention. Sabi ng court, ang tagal na nyan.
Dapat alam mo ang conference mo, and you
should have informed us that you could not
attend. This is a matter that could have been
foreseen.
Pero minsan pag may conflict of schedule,
pinagbibigyan ng judge lalo na pag single
practitioner.
2. Notice and Calendar
On the issue of hearings, the court will come up
with notices. But for subsequent hearings, syempre
alam na ng party, ano ang makikita nyo dun? Very
rare na magpadala pa sila ng notice. Kayo ang mag-
aagree, tapos pipirma na lang kayo.
3. Order of presentation of Evidence
-Plaintiff presents evidence, then the defendant
and then the third-party plaintiff, then the
defendant. that is how it is presented in Sec. 5.
Pero incomplete yan because it has to be read in
relation to other laws or rules. Rule 132 – direct,
cross, re-direct and re-cross. For every witness
presented by the plaintiff, he will be directed by
you, then crossed by the other party, re-directed,
then re-crossed. Under the judicial affidavit, in all
cases, in view of testimony, you will have to
submit a judicial affidavit in lieu of testimony.
When? At least 5 days before the pre-trial.
You will have to read Section 5 in relation to the
judicial affidavit rule and you would have to read
Section 5 in the light of the guidelines of Pre-trial
and Modes of Discovery – One-Day Examination of
Witness Rule.
What does it mean? Pag nagpresenta ka ng testigo,
yung araw na yon, dapat tapos.
There is another rule you would have to take note
of, under the Guidelines of 2004, the Most
Important Witness Rule. You cannot start with a
witness who is insignificant. For example, it is an
action for Specific Performance, there is a demand.
Hindi naman pwedeng magsimula ka dun sa
nagdala ng letter, yung messenger.
Lara’s Gift Decors v. PNB
There was a move to submit a second
supplemental judicial affidavit in the trial court of
a certain Mrs, Villafuerte, including its
accompanying exhibits. Pwede ba? Sabi ng court,
the sole issue here, is whether or not the CA
erred in disallowing the introduction of
additional documentary exhibit during trial and
filing of a second supplemental judicial affidavit
of Mrs. Villafuerte. The CA was called to
determine whether the trial court correctly
allowed the petitioner to submit a second
supplemental judicial affidavit, together with
documentary evidence. What appears here is
pinayagan ng RTC, hindi pinayagan ng CA. Sabi ng
SC, the Judicial Affidavit Rule and the Guidelines
of Pre-Trial do not total proscribe the submission
of an additional evidence even after trial had
already commenced.
Section 2 of that same rule said, the party shall
file with the court and serve on the adverse party
personally or by a licensed courier not later than
5 days before pre-trial or preliminary conference
or the scheduled hearing with respect to motion.
The same rule contains a caveat that failure to
submit judicial affidavit and documentary
evidence shall be deemed to be a waiver of
submission. Sabi ng court, Section 10 ng Judicial
Affidavit Rule, pag di mo nasubmit – waiver. Kaya
lang, the same judicial affidavit allows a single
late submission (Sec.11). the court will allow only
once the late submission, provided that the
delay is for a valid reason.
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Yung delay, pwede one time. Amendment, one
time, for as long as you pay a fine at least 1,000
no more than 5,000 pesos. It bears to note that
there is no blanket prohibition. For as long as the
party offers a valid reason, then the court will
allow. The Court found good reason for allowing
the second supplemental. For one, it is allowed
under the Judicial Affidavit Rule and second, the
parties made a reservation for the presentation
of additional evidence. The Court also said, that
the very document subject of the judicial
affidavit was the very fact in issue kaya sabi ng
court, pwede talagang i-entertain yan.
Ito ang tandaan niyo sa case na ‘to, sabi ng court,
I view of the peculiar factual milieu surrounding
the instant case, we rule pro hac vice . Ang haba
ng issue, yun pala, “for this particular purpose
only”. So ibig sabihin pag, inapply niyo ang strict
rule, hindi pwede, hindi ka mali. Kase yung
mismong rule may parameters. In fact, ang rule
is not to allow additional documents and
witnesses.
Can the court render a judgment before a trial had
commenced?
Yes, if the parties have agreed on facts (Section 6).
Pag yan tinanong, codal na codal yan.
Can there be partial judgment if there is agreement
on the facts?
Yes, dun sa matter na undisputed, uncontroverted.
Who should receive evidence?
The judge, that is the rule. However, the last
section gives you certain instances wherein the
reception of evidence could be delegated to the
clerk of court. On what instances? Ex parte
proceedings, default proceedings, land registration,
correction of entries and if agreed and stipulated
by the parties.
Can you delegate the reception of evidence when it
comes to adoption cases?
No, the SC has penalized the judge and clerk of
court who had done that, because adoption cases
are imbued with public policy di mo pwede i-
delegate yan.
If I may add, all proceedings in court, everything,
not only examination of witnesses, spoken by the
judge and the lawyers should be recorded. They
should be covered with stenographic note.
Rule 31 - Consolidation
1. Consolidation
a. Consolidation is left to the sound discretion
of the Court, whether or not it will be for
the best interest of the parties and the best
interest of the case. As a Rule, the policy of
the law is to allow consolidation to avoid
multiplicity of suits. Para ma-lessen yung
mga cases. Kasi kung there is commonality
of fact, commonality of law, bakit ka pa
magmamaraming kaso with so many parties
involved.
Consolidation applies not only in judicial actions
but also in administrative acitons. Imagine if there
are three cases with common fact and law. Does
the provision say same parties? No. therefore, it is
possible to have different plaintiffs. Usually yan sa
mga cases na scammer. Kunwari, kayo naloko lahat
kayo. Very common to, kase a great number of
people would like to earn huge interest for their
money. Lalo na pag hindi financially literate,
naloloko sa ganyan. Iba-iba nagsama-sama. Pero it
is not a class suit because all of you have different
interests, common fact and common law.
Another example, Dengvaxia. Ang daming criminal
and civil cases non. Can it be consolidated? Ang
konspeto natin sa Philippines, consolidation in
criminal cases is for the purposes of trial. Bakit?
Ang criminal hindi nagme-merge sa isa. Per
information, one count.
Sa civil naman, iba kase the relief will be the same.
For example, limang cases. Usually ganito, 2019-
01,02,03,04,05. Assuming there is common fact
and common law, can you consolidate? Yes, in the
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court bearing the lowest number. So yung apat nay
an ililipat yan paakyat (2019-01).
Can there be consolidation of cases falling in
different judicial stations?
In Zulueta v. Asia Brewery, may delarship
agreement and the party was from Iloilo. So si
Zulueta, instituted an action for his rights which he
felt was violated arising from the dealership
agreement with Asia Brewery. Ang Asia Brewery,
dinemanda siya sa Makati for his violation of the
same dealership agreement.
Pwede ba siya i-consolidate? Sabi ng court, the
issues in both cases pertain to the obligations of
the parties under the dealership agreement. Thus,
every transaction and liability arising from it must
be resolved in the judicial forum where it is put in
issue. The consolidation of the two cases then
becomes imperative to complete, comprehensive
and consistent determination of all these relate
issues. Two cases involving the same persons
involving closely related issues and subject matter
must be consolidated and jointly tried where the
earlier case was filed.
Let us look at another case.
Roque v. Magno
Ito dalawang case for sum of money. I had to
present this to you to drive the policy of the law.
The policy of the law is – as soon as it became
apparent that the two cases were inexorably
linked, it became the duty of the petitioners to
ask for consolidation. They vigorously opposed
adoption of the evidence in another branch,
thereby advancing the arguments for
consolidation that it had already occurred with
visible consent.
Can consolidation be a remedy if there was forum
shopping?
No. the SC said, if one litigant has filed multiple
suits involving the same facts and the same parties,
the consolidation of suits is not correct. This suit
should be dismissed.
Kase wag kayo ma-mislead, yung consolidation
common fact or law. Pag forum shopping, same
parties, same issue, same relief. Dapat yun i-
dismiss hindi dapat i-consolidate. Dito sa kaso ng
Megaland v. Sy Construction, sabi ng court the
same should be dismissed.
Bago ko i-discuss itong isang case, in criminal cases,
the rule on continuous trial, when cases are filed
on a judicial station, it is the duty of the judicial
station to assign those related cases the same
branch where it was assigned. So pag meron nang
na-file sa isang branch don, before raffle, the Office
of the Clerk of Court should be alerted, headed by
the judge and the rest of the cases should be
transferred. Kase wala namang consolidation in
criminal cases. In essence, consolidation is only for
the purpose of trial.
Republic v. Sandiganbayan
In this case, they presented the three different
senses of consolidation where the Court had to
lay down the primary issue on whether or not
the deposition in another proceeding can be
used in the pending case.
What are the three (3) senses of consolidation?
1. Quasi-consolidation – where all, except
one of several actions are stayed until
one is tried. Judgment of one trial is
conclusive as to the others. There is really
no consolidation.
2. Actual consolidation – where several
actions are combined into one, lose their
separate identity and become a single
action in which a single judgment is
rendered. This is illustrated in a situation
where several actions are pending
between the same parties which might
have been set out originally in one
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complaint
3. Consolidation for purposes of trial –
where several actions are ordered to be
tried together, but each case retain its
own separate character and requires a
separate judgment. This does not merge
the actions into a single suit.
So pag tinanong sa bar, kung pwede bang
gamitin yung deposition sa isang case, you will
have to determine what type of consolidation
because if you have lost your separate identity,
the deposition in another can be used without
need of satisfying Sec. 37, Rule 130. Prt 2e 2:20
2. Separate Trial
- The text of the rule grants the discretion to
the court if the separate of any claim, cross-
claim, counterclaim, or third-party
complaint will be for the furtherance of
convenience without prejudice to any party.
So again, may discretion din ang husgado
kung separate trial sa counterclaim, sa
cross-claim, separate trial sa third-party
complaint, that is left within the sound
discretion of the court. Why?
- The rule is, a single trial will generally lessen
the delay, expense and inconvenience.
These are the exceptions:
a. When separate trial will avoid prejudice
b. There are extraordinary grounds which will
require separate trial.
c. Further convenience
d. To promote justice
e. Separate trial will give a fair trial to all
parties.
Let us now look at another provision, which is
another boring provision..
3. Commissioners
A commissioner is someone appointed who will
work in the nature of a referee, an auditer or an
examiner. Usually binabayaran ito, ng losing party.
Unless, the parties have agreed to apportion the
cost between and among themselves.
Ano ba ang mga matters na pwede mo i-refer sa
commissioner?
Any matter for as long as the parties agree. Yung
mga grounds na nakalagay dyan, pupunta ka lang
dyan if the parties do not agree. One party will
have to file a motion and for him to apply for that,
one of the grounds should be present. Pero as long
as nagkaka-agree tayo, pwede tayong magkasundo
na pwede mo i-refer sa commissioner.
For example, examination of long accounts. So in
that case, any party could apply for appointment of
a commissioner. Ang mangyayari dyan, bayan mo
siya ang ag-scrutinize dyan.
Ano pa? There are facts which would arise other
than the pleadings. That matter could be raised or
presented to a commissioner.
There are facts that are necessary for the court to
be able to render a judgment. So Nakita ng court
kailangan ang mga invoices para suportahan itong
total na to, ganun yun. That is when you need a
commissioner.
Kailangan muna makita muna yung dahilan kung
bakit ka maga-appoint ng commissioner. If the
parties, do not agree, then any of the grounds
given should be applied.
You have to remember this: a commissioner can
only act according to the order of reference. Yun
ang power ng commissioner and he should be
placed under oath.
Commissioner compared with clerk of court
Clerk of Court Commissioner
Subpoena Yes (from the Yes
judge)
Objections / A No Yes
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The clerk of court can issue a subpoena upon
authority of the judge, wag lang duces tecum, it’s a
bit complicated because you need to describe the
books, papers and documents so you need an
order from the court. But generally, the clerk of
court can issue subpoena, but the power is not
from him but from the judge.
Can a clerk of court resolve objections or even
matters of admissibility?
No. wala siya nyan kase delegated power lang siya.
The clerk of court cannot determine admissibility of
evidence. The clerk of court cannot resolve
objections.
Can a commissioner resolve objections or matters
of admissibility?
Yes, unless the order of reference says otherwise.
The commissioner is given that power to make a
report, to hear it and thereafter, the court will
require a submission of a report to the judge
through the COC. Then, the judge can reject it, the
judge can order that it be revised or modified, it
can accept it, or recommit. Parang thesis lang. If
the judge says he is accepting it, then it can be used
by the court in rendering a judgment.
Walang something spectacular, or something to be
worried about. Marami lang words. Yan lang
trabaho ng commissioner. Let us now move on and
discuss demurrer to evidence.
Rule 33 - Demurrer to Evidence
When can you file a demurrer to evidence?
After the plaintiff has completed the presentation
of his evidence. Pero kapag criminal cases, Rule 119
section 23, after the prosecution has rested its
case.
Civil Demurrer
In a civil case, it will be the plaintiff who will be the
first to present evidence. So kung may witness ka,
after you have presented your last witness, the
lawyer of the plaintiff will submit its formal offer of
evidence, in relation to Rule 132. When you file a
formal offer of evidence, you have completed the
presentation of your evidence. We will have to add
to this, because the provision is not clear.
Jurisprudence says it is really the presentation of
evidence has really been completed, when? After
the other party submits its comment and the court
in turn issues an order, whether admitting or
rejecting the evidence. Sa evidence, there is what
you call an offer of testimonial evidence- this
comes in before presentation of my witness. For
every witness I present, offer ka muna.
For example, “Your Honor, the purpose of
presenting my witness is to establish the collision
that took place at the corner of Lacson and Espana
on October 2, 2018. Let us say dun sa first witness
ko, yun ang offer ko. For every witness that you
have, you have a FOE and for every witness that
you have, if that witness identifies a document, for
example police report, tapos yung 3 rd witness nag-
identify ng medical receipt, dahil sa injuries na na-
suffer niya. Lahat yan, in the course of the trial,
mamarkahan yan. It will have to be authenticated.
So magiging Exhibit A, B, so forth and so on. All of
those exhibits are not yet admitted. They are duly
identified, marked and authenticated lang yan. It
will only form part of the record and part of the
evidence when it is formally offered.
Ngayon, mag-cocomment yung kabila, dito ka na
pwede mag-file ng demurrer to evidence. At this
point, the plaintiff has completed upon issuance of
the order, sabi ni judge, “admitted”. Generally
naman si judge, inaadmit niya yan basta hindi lang
ganun ka-glaring yung inadmissibility ng evidence.
Pag nagsubmit ka ng demurrer to evidence, what
can happen?
a. It can be granted – what is the effect? The
case is dismissed with prejudice. Kase
nagpresenta ng ebidensya . Pag nag-file ka
ng evidence, mayabang ka lang. Parang
sinabi mo lang, partida yan, hindi nako
magpresenta ng ng ebidensya. Pag ganon,
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dismissed with prejudice – final judgment
yan. You cannot re-file.
b. It can be denied – what are the options
available to the defendant kapag denied?
i. Proceed to present evidence
ii. Motion for reconsideration
iii. If the MR is denied, and the denial is
tainted with grave abuse of discretion,
you can file for a Rule 65
A grant is a full disposition and a denial is an
interlocutory order.
Kapag granted and demurrer to evidence, ang
aggrieved party ay ang plaintiff. Because it’s
dismissed, what is the remedy available to the
plaintiff?
The remedy is an appeal, and not a Rule 65. Kase
full disposition siya, with prejudice. If it were
without prejudice, you cannot appeal.
Let us say, nag-appeal si plaintiff, from RTC, nag-
appeal siya to the CA, and then based on a
demurrer to evidence. Sabi ni CA, mali si RTC, hindi
nya dapat ginrant yang demurrer to evidence na
yan. So what they did was to reverse the findings of
the RTC. What will happen to the case? Should it be
remanded to the RTC? No. the Court of Appeals
should proceed to render a judgment. Yan ang risk,
when you file a demurrer to evidence. Kaya nga
sinabi ko, ang posturing mo kapag nag-file ka ng
demurrer, medyo mayabang ang dating mo. Pag
yung kalaban mo, na-dismiss yan, wala nay an.
Wala ka ng presentation of evidence. Therefore, in
the event of a reversal, do you think mananalo
kapa? Wala kang ebidensya eh.
Duque v. Yu
Si Lilia Duque at si Mateo , yung asawa niya, it
appears on record that there was a Deed of
Donation sa daughter nila nung property which
has 7,000sqm. Tapos, si Capacio sold the
2000sqm to Sps. Yu. Nagdemanda ngayon yung
mag-asawang Duque, sabi nila di naman nila
dino-donate sa anak nila. The lodged a verified
complaint for declaration of non-existence and
nullity of the deed of donation and deed of
absolute sale. The spouses Duque claimed that
the signature was forged.
In the answer, Capacio admitted that the
signature was indeed falsified, pero hindi niya
alam kung sino ang nagpeke. Respondents, Yu
refuted that spouses’ personality to question the
genuineness of the deed of sale based on the
title that arises from the Deed of Donation.
While the action was pending, there was a
motion for admission by adverse party or a
request for admission filed by Sps. Yu. They
wanted him to admit the following:
1. Real estate mortgage
2. Deed of donation
3. Deed of absolute sale
4. Contract of lease
5. Tax declaration
The court directed Sps. Duque to comment, you
would have to comment otherwise that would
amount to an implied admission. Sabi ng court,
by their silence, pronounced that they are
deemed to have admitted.
There was a demurrer to evidence and the trial
court dismissed the complaint.
Sa SC, the respondents served the request for
admission on the petitioner to admit the
genuineness and authenticity of the deed of
donation among other documents. But as
pointed out, the matters and documents
requested to be admitted had already been
denied and controverted in the previous
pleading, that is the verified complaint.
The court said, mali, the demurrer to evidence
was wrong. The rule however, imposes a
condition, by the same token, that if the
demurrer is granted by the trial court and the
order of dismissal is reversed, the movant loses
its right to present evidence in his behalf and he
shall have been deemed to have elected on the
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insufficiency of plaintiff’s case. In such event, the What is the effect of a denial to demurrer to
appellate. evidence?
court that reverses the order of dismissal shall You proceed to present evidence. Pwede
proceed to render a judgment. mag-MR, pero hindi pwede ang certiorari.

In criminal, the prosecution presents evidence b. Without leave – kapag walang leave, then
where the accused presented the defense of self- ang-file ka pa ng DTE, it will be denied, kung
defense. granted, sobrang galling mo. Kapag denied,
the court will proceed to render a
Prosecution – Witness 1,2,3 judgment, wala kang leave eh.
- Formal offer for every witness, then the Mapapahamak ang kliyente mo.
plaintiff rested its case
In a criminal case, nagrant yung acquittal, can the
Accused – if accused wants to file demurrer to accused still be allowed evidence on the civil
evidence, what should he do? Pwede bang katulad aspect?
sa civil, deretso? In criminal, while the law does not Yes. Kase may award eh, otherwise, that is a
compel you, it is highly recommended that you violation of due process.
have leave. So tingnan naten, with leave and
without leave: Rule 34 – Judgment on the Pleadings and Rule 35
a. With leave of court – it presupposes that – Summary Judgment
before he filed for a leave of court, he filed
it within a period of 5 days from the time Rule 34 Rule 35
that the prosecution has rested its case. It 1.No Issue 1. with issue, except
also presupposes that there was a grant of that the issue is not
leave and you were given 10 days to file a genuine
demurrer to evidence. Kase dalawang 2. When to file? – after 2. When to file? – P-
process yan eh, you file a leave then you file an answer after an answer; D - at
for a demurrer – motion for leave to file for any time
demurrer of evidence. Kung sa leave pa lang 3. Who files? – Plaintiff 3.Who files? – Plaintiff
denied ka na, I will have to proceed to or defendant
present evidence. Can you file an MR? Yes. 4. NO partial judgment 4. There is partial
Can you file a certiorari? No. Whether the judgment
denial is for a leave of for certiorari, an 5. Motu propio -No 5. Motu propio - No
appeal or certiorari is not allowed.
The answer does not tender an issue or otherwise
What is the effect when demurrer to admits the material allegations of the case. Ibig
evidence is granted? sabihin, there is no issue at all. Inamin mo yung
That amounts to an acquittal, therefore it cause of action.
cannot be subject of an appeal, otherwise
that would be double jeopardy. Unless, with For example, sinabi ko sayo you owe money from
the conformity of the Solicitor-General, me in the amount of 500,000pesos, tapos you
they believe that it was tainted with grave executed a promissory note for the amount of
abuse of discretion, Rule 65. 500,000 pesos. Third, that the obligation was due
on May 30, 2019. Fourth, there was a demand for
you to pay the amount of 500,000 pesos plus
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interest of 6% per month but you failed to pay. Ano
sagot mo? Your answer is:
Par. 1 – Yes, I owe you money
Par. 2 -Yes, it was embodied in a promissory note,
including the interest
Par. 3- it was due on May 30, admitted
Par.4 – there was a demand to pay , admitted…
Admitted lahat, kapag wala kang defense – NO
ISSUE
Pero kung akala mo may defense ka, sabi mo Im
just waiting for my money coming from the US. Is
that a defense? No. The answer does not tender an
issue.
Can the plaintiff request for a judgment on the
pleadings? Yes. Generally, it is the plaintiff who
asks for a judgment on the pleadings.
Can there be a partial judgment on the pleadings?
None. It is always a complete judgment on the
pleadings, because these are factual matters that
cannot be separated, unlike in summary judgment.
In one case, sabi ng court, sa kanyang judgment on
the pleadings, itong portion na to, papa-award ko
lang sayo yung monetary. The rest of the award, I
cannot give. The court is wrong because there is no
partial award here, it is always complete.
Can the court motu propio render a judgment on
the pleadings?
No. it is only upon motion.
Wood Technology v. Equitable
The court said, that in a proper case of a
judgment on the pleadings, there is no ostensible
issue because of the failure of a party to raise an
issue. On the other hand, for summary
judgment, it goes beyond the pleadings. It
extends to documents, deposition, admissions.
Pwede ka lumabas sa pleading just to show that
the issue is not genuine.
Under Rule 35, the period is 10/3, you should file
the motion 10 days before the date of the
scheduled hearing and the 3 days is to give the
other party to comment at least 3 days before
the hearing.
Dito sa Rule 34, and cause of action di mo
dinispute. Therefore, the judge can render a
judgment against you. Hindi ka nag-raise ng
affirmative defense. Ang nangyari dito, inadmit mo
lahat pero hindi ka nag-raise ng affirmative
defense. Kunwari sabi mo, oo may utang ako sayo
kaya lang wala pang pambayad eh. Pero kung
sinabi mo, oo may utang ako sayo, pero diba
waived na yon?, or diba paid na? affirmative
defense yon.
What does “no genuine issue mean?
It means you could raise an issue. Like dun sa same
example, ang sinabi ko, hinde, wala akong
promissory note na yan, wala akong utang sayo.
May issue? Oo. Kaya lang, it’s not genuine, kase
may PN talaga.
Hindi nailagay sa PN ang due date, nandun yung
halaga pero hindi nailagay dun kung kalian
babayaran. Of course, the plaintiff knows that it
is long overdue. So dinemanda niya, sabi ng
defendant, hinde ah, hindi pa due eh. Kita mo
nga walang nakalagay eh. Ang plaintiff
nevertheless filed a judgement on the pleadings.
Is that a proper subject of a judgment on the
pleadings?
No, kase may issue. Pwede lang gamitin itong
Rule 34 kung walang issue or admits the material
allegations of the complaint.
Can it be a summary judgment?
Yes, kase may issue except that it is not genuine.
Kase pwede kase magpresent ng documents or
evidence that in fact, you owe him money. \
The SC said that the proper pleading should have
been a summary judgment.
Is a summary judgment proper in an action for
quieting of title?
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Yes, just like any other action. Except that in this
case, sabi ng court, there are genuine issues, so
sabi ng court, the case will have to proceed to trial.
Rule 36 – Judgment
What’s the difference between a final judgment
and an interlocutory order?
hearing to hear a motion for execution pending
appeal?
On the matter of the hearing (case of Intramuros
tennis), we uphold respondent’s position that
respondent court did not abuse its discretion in
granting the motion for execution pending appeal
without a full-blown trial. A full-blown trial is not
necessary for an execution pending appeal.

Final Judgment Interlocutory Order The judgment of the trial court is prepared by a
A final judgment finally It does not dispose of singular judge and the decision of the judge in the
disposes of the case. the case. Yung tanong trial court in a civil case is not promulgated. In the
Wala ka ng kailangang dyan eh, buhay pa ba trial court, you only promulgate criminal cases
gawin. Di kana ang kaso? Kapag buhay (Rule 120) Kapag sinabing promulgation – yung
magppresenta ng pa, interlocutory order binabasahan ka na ng sentensya. Walang ganon sa
ebidensya, wala ka ng yan. May incidents pa civil case under Rule 36.
gagawin, tapos na. sya sa trial court na
It could be the subject kailangang gawin. In a civil case, under Rule 36 in relation to Rule 13,
of an appeal. after the court renders a judgment, they will serve
Can be a basis of Hindi ka pwede mag- a copy of the decision.
discretionary execution execution Pagdating sa appellate court, iba ang usapan, the
CA renders decision on divisions of 3 and the
Examples of interlocutory orders: mandate of the law and even the Constitution that
1. Bill of particulars - granted they will have to deliberate then after the
2. Bill of particulars - denied deliberation, only then do they assign. The court’s
3. Motion to dismiss - denied decision by division of three, will have to be
4. Civil case, demurrer to evidence - denied unanimous vote. Kailangan lahat sila pare-pareho.
5. Motion to take deposition - denied If there is a dissenting opinion, the presiding justice
6. Motion to amend pre-trial order – denied of the CA, who is equivalent to the Chief Justice of
the Supreme Court will create a special division of
Final and executory Final judgment 5, majority na lang ang kailangan non.
judgment
Finally disposes of the Though finally Can the CA render a decision en banc?
case and the disposing of the case, Hindi pwede kase ang dami nila. They only sit en
reglementary period to it’s not yet executory; banc for administrative purposes.
appeal had already in which case, you
lapsed; Ripe for an could still have a In the SC, the voting is different because the SC is
execution as a matter number of remedies only divided into 3 divisions. Usually, ang
of right available: (MR, MNT, chairman ng 1st division ay ang CJ. Sa 2 nd division,
Appeal) yung most senior. Sa 3rd division, the next most
senior.

In the event of an application for discretionary Will the SC decide a case en banc?
execution (Sec.2, Rule 39 – aka execution pending Yes.
appeal), should there be a full-blown trial-type

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Last point, what is the difference of a several Grounds:

judgment and a separate judgment?
Several Judgment Separate Judgment
Pertains to judgments As in the case of a
over several parties. summary judgment,
Parties ang involved kapag no genuine
dyan. issue as to a material
fact, then judgment
will be given. What
happens to the other
issues? Hihintayin.
a. Fraud (Extrinsic), Accident, Mistake,
Excusable Neglect
b. Newly Discovered evidence – evidence not
available during trial despite exercise of due
diligence; evidence would change outcome
of the case
Can you file a 2nd motion for new trial?
Yes, for as long as the ground was not available at
the time of the filing of the first; you have the
remaining period

Rule 37 - Remedies of an Adverse Judgment What is effect?

In the event of an adverse judgment, you have the Kapag granted, depende sa ground.
following remedies: a. FAME – there will be a trial de novo, so
much as the evidence could stand
Remedies During the reglementary period: (within b. NDE – it will have to be considered by the
15 days) court. Yun lang naman ang additional eh
1. Motion for Reconsideration – Grounds:
a. Contrary to law Effect:
b. The award of damages is excessive Granted - The original decision will have to be
c. Misappreciation of evidence vacated.
Denied – The original decision will stand
You file an MR because there is a full judgment.
Can you file a 2nd MR? No. ***All of this will have to take place during the
reglementary period
Ano ang effect ng MR?
If granted (Full/Partial) – the previous decision will 3. Appeal – Rule 40 to 45
be vacated and the new decision will stand; you
could file a partial MR kapag binigay lahat ng Remedies After Entry of Judgment
hinihingi mo pero for example, mababa ang 1. Petition for Relief from
damages na binigay. Judgment/Proceeding

What is a motion for clarification?
Minsan panalo ka, pero may mga portion ng
decision na Malabo, this will not interrupt the
running of the reglementary period. Therefore, it
will become final and executory. You take the risk.
Only an MR will interrupt.
If denied – the original decision or order will stand
Meron din MR of an interlocutory order
What is the period to file a petition for relief from
judgment?
60 days from knowledge but within 6 months from
entry of judgment. For example:
June 1 – entry of judgment
Sept. 8 – knowledge of the judgment
Nov. 7 – 60 days from knowledge; dapat mai-file
ang petition for relief sa date na to
Dec. 1 – lapse of 6 months

2. Motion for New Trial

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**If you learned of it only on November 5, you can
only file until December 1.
Who can file?
As a rule – a party. However, in a case decided by
the court. Let me give you the facts.
May distribution ng estate, may nag-come forward,
sabi niya siya lang ang tagapagmana. Ginawa ng
RTC inaward sa kanya. Later on, the rest of the
heirs learned and questioned it through a motion
to set aside the judgment, which was filed around
two months after. So final and executory na. It was
denied by the trial court.
In the CA, they filed for an annulment of judgment
for lack of jurisdiction. The CA said that is should be
a petition for relief from judgment. Even if they
were not parties, an estate distribution case is an
action in rem. You are deemed as parties to the
action. That was sustained by the SC.
Sa Rule 38, ang nakalagay lang don, party. Pero this
case shows that even if you are not a party in the
strict sense but the case is an action in rem, and
there is publication, and you are affected by the
publication, you are deemed as parties.
Grounds for Petition for Relief from Judgment
- FAME
**Pag nagrant yung petition for relief from
judgment, magkakaroon ng bagong proceedings, as
if there is a motion for new trial
2. Petition from Denial of Appeal
This is rarely used. Let us see if you know how to
apply this provision. Again, in here the judgment
has become final and executory.
Grounds:
- FAME
For example, the other party is a friend, sabi niya
“ia-appeal ko pa ba to?” Kalaban ko eh. Sabi ko
hindi ko siya execute, “magkaibigan tayo eh”. The
judgment became final and executory.
You should have been prevented from filing an
appeal. In my facts, were you prevented from filing
an appeal because of my extrinsic fraud? Nilinlang
ka eh. Niloko ka.
Another example, ang deadline ko ay hanggang
kahapon to file an MR, nagkamali ako ng bilang.
Ang totoo kong deadline is Friday. Ang akala ko ang
deadline ko pa ay Wednesday. I filed out of time.
The RTC denied the MR. what is my remedy? Can I
file for Denial of Appeal? Was I prevented from
filing an appeal? It was because of my negligence.
Pwede mol ang gamitin ang Denial of Appeal if you
were prevented.
3. Annulment of Judgment – Rule 47
This is an original action, filed in the CA. From a
decision in the RTC, you file it with the CA. kapag
yung judgment ng RTC, you want it annulled, you
have to file it in the CA, not in the RTC kase same
level. If you want the judgment of the MTC
annulled, sa RTC yan. Kung annulment of the
judgment of the CA, wala na yan hindi pwede sa SC.
There is no annulment of judgment as a remedy in
the SC.
Is there a motion for new trial in the CA?
Yes. (53)
Can you file a MNT in the SC?
No. Even if you check Rule 56, it stops at 52.
**From the time appeal is perfected and for as long
as the CA has jurisdiction, you can file a MNT.
(Sec.1, Rule 53)
Grounds for Annulment of Judgment:
a. Extrinsic fraud – file petition within 4 yrs.
from discovery
b. Lack of jurisdiction – under Rule 47, it may
be LOJ on the person of the defendant or on
the subject matter; it makes no distinction;
to be filed before you are barred by laches
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**In jurisprudence, another ground is denial of due
process.
If the court finds that there is a prima facie case for
petition for annulment of judgment, what will the
court do?
This is the singular instance where an appellate
court like the CA can issue summons. (Sec. 5)
Remember, a petition for annulment of judgment is
an original action in the CA.
Rule 39
Sections 1 – 14 General Provisions
Sec. 1 Execution as a Matter of Right
When is execution a matter of right?
When the judgment is final and executory
EMR (Execution as a matter of right)
a. Let us say RTC rendered a judgment, walang
appeal.
Can the winning party file a motion for execution?
Yes, sa RTC
Kailangan ba i-attach ang certified true copy ng
judgment?
No, nasa RTC ang record eh.
b. RTC rendered a decision it was elevated to
an appellate court. Talo ka.
Where should the winning party file a MFE?
In the court of origin.
Do you need to attach a certified true copy of the
judgment?
Yes.
Sec. 2 Discretionary Execution
Requisites of Discretionary Execution or Execution
Pending Appeal
1. There must be a motion by the prevailing
party with notice to the adverse party
2. There must be good reasons.
Yan ang tandaan niyo, in discretionary executions,
you have to find or to give good reasons.
3. The order granting execution pending
appeal must state the good reasons.
There should be a special order reflecting the good
reason. a bond is not required, only good reasons.
The ff. constitute good reasons: (the combination
of two or more of them would suffice to grant
execution pending appeal)
a. This involves a public office. This case of
Navarros v. COMELEC is execution pending
appeal on a public office. Sabi niya, “Nanalo
nako dapat mag-take nako ng oath”. The
court said, 1. the public interest involved or
the will of the electorate; 2. The shortness
of the remaining of the term of the
contested office; 3. The length of time that
the election contest pending. These are
good reasons to allow execution pending
appeal.
b. Another example of good reason, in the
case of Intramuros, the court said, as the
lessor and owner of the tennis courts had
every right to regain possession and it also
had every reason to be alarmed at the
complaint file by the tennis players with the
DOT because it will be held accountable as
owner and administrator of the tennis
court. Respondent court did not gravely
abuse its discretion in finding good reason
for allowing execution pending appeal.
What is the standard of courts when it comes to
good reason?
Heirs of Sangcay v. NAPOCOR
Good reasons consist of compelling, superior
circumstances demanding urgency which will
outweigh the injury or damages should the losing
party secure a reversal of a judgment.
Can you stay discretionary execution?
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Section 3 – Yes, by posting a bond you don’t need a
bond for execution pending appeal but if you want
to stop it, you could post a bond.
International School case
The reason that the appeal is dilatory, according
to the court, does not justify execution pending
appeal, neither does the mere filing of the bond
without anything more justify execution pending
appeal.
What about an execution pending appeal is
granted and you do not agree?
Yung kalaban mo nag-file ng motion for EPA, can
you question that? That is an interlocutory order. If
you believe that the grant was without good
reason, there will be GAD. Therefore, your remedy
is a Rule 65.
Curata v. PPA
Can EPA be used in expropriation proceedings?
No, sabi ng court PPA is not a GOCC, not having
shares of stocks or members. Second, the docks,
piers it administers are likewise owned by the
Republic. Sabi nila, pareho yan ng airport – non-
stock, it is not divided into shares, nor does it
have members. The airport, lands and buildings
it administers are owned by the Republic.
Hence, PPA is an instrumentality of the
government. An agency vested with corporate
powers to perform efficiently. Therefore, EPA
cannot stand. Why? Kase pag government
function ka, sa LGU ang tawag dyan allotment. Sa
national government ang tawag dyan
appropriation. Lahat yan naka-earmark kung
saan gagamitin. pag yang expropriation case
ginamitan mo ng EPA, services of government
will be affected.
Pecson case
Is EPA the general rule?
No. the rules similarly apply the good reason
standard for EPA, making the remedy an
exception rather than the rule. Pag kase
exception, kailangan patunayan mo sa husgado
that you are entitled to it.
Yasuda case
He claims that the vessel has been to rot at the
pier and without a crew to guard it. It is in grave
danger of losing its value. The court said, that is
good reason for EPA.
Where you file EPA?
In the court that rendered the judgment for as long
as it is in possession of the records of the case.
Dapat in possession siya kase pag nag-file ka ng
appeal, the records are automatically elevated to
the next level court. So when the records are
already out of the trial court, you can no longer file
EPA there.
What is a self-executory judgment?
This is not found in the ROC, but this applies in
labor cases, most specially if there is an award of
reinstatement. (Garcia v. PAL) it is incumbent upon
the lawyer to reinstate. Hindi kailangan mag-issue
ng writ of execution. Kailangan sundan niya yon.
After the lapse of 10 days from receiving the order
of reinstatement and he does not reinstate, the
Labor Arbiter will issue a writ of execution only
when the employer disobeys the directive of the
LA.
Di mo kailangan mag-file ng motion for execution.
Because in our Rules of Court, if you want to
execute, you will have to file a motion even if by
law the judgment is executory. You always have to
file a motion for execution, as distinguished from a
self-executory order for reinstatement. Pag
natanggap mo yun, comply within a period of 10
days. If you don’t, the LA will issue a writ of
execution.
Are there judgments which by their nature are
executory?
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Yes, judgments involving injunction, receivership,
accounting and support (Sec.4)
Sec. 6 – Revival of Judgment
If you file for a revival of judgment, the judgment
to be revived can no longer be modified. The courts
can no longer try the case, no presentation of
evidence. All you need to do is to have it revived.
How do I count?
June 1- entry of judgment
Within a period of 5 years, you can enforce the
judgment. You could execute it by filing a motion.
After 5 years, can you still file a motion?
The provision of the law says that for as long as it is
within the prescriptive period. The PP of judgment
is 10 years counted from entry of judgment. After
the 5 years, that is the period for petition for
revival.
What is the life of the writ of Revival of Judgment?
(ministerial – the writ only contains the dispositive
portion) – the life span of a writ is that period when
it could be enforced by motion (Sec.14)
Yung 30 days is for the purpose of reporting, that is
not the life of the writ. Duty ng sheriff na every 30
days, magrereport ka sa husgado kung anon a ang
nagawa mo.
Yung life ng writ ay 5 years. **if the court grants it,
there is first an order, then there is a writ.
Infante v. Aran Builders
Where is the venue?
The proper venue depends on the determination
whether the petition for revival is a real action or
a personal action. You will have to look at the
dispositive portion. If the dispositive portion as in
this case, requires the transfer of title to
execution of deeds of sale. Yung transfer of title
is a real action. Therefore, venue is dictated by
the place where the property is located. Pero pag
ang judgment sinasabi, “Hoy magbabayad ka”,
that is a personal action. Therefore, venue is
dictated by the place where the plaintiff or
where the original defendant resides at the
option of the plaintiff.
Kapag hindi final and executory, hindi ka pwedeng
mag-revive. In one case, sabi ng court, may MR pa
di pa na-reresolve tapos nagpa-revival of judgment
ka, hindi pwede.
In one case may pending MR, nasunog ang records
tapos nag-file sila ng MFE, sabi ng court hindi
pwede. Dapat ang ginawa is to reconstitute judicial
records so that the MR can be properly resolved.
Section 34 – Revival of judgment. Ano yan? Konti
lang nakabasa , maganda itanong sa bar.
You participated in an execution sale, naki-bid ka
but you were not given possession, you were
evicted. Someone claims he has a better title. In
simple words, you were not able to get what you
paid for. Ano remedy mo ngayon? Yan ang
provision na yan. a. You could recover the value in
the same or in a separate action.
b.You could step into the shoes of the judgment
obligee and you could also have the judgment
revived in your own name.
Ilang beses pa pwede i-revive?
Walang limit ang batas.
Sps. Davis v. Sps. Davis
In the first 5 years, hindi maka-execute, so nag-
file ng petition for revival of judgment. They ran
after persons to whom it was sold. They were
able to successfully recover property. The SC
presented it that way. Sabi ng SC, kahit na
sampung taon parang 12 years. Ok lang because
there were ordinary circumstances.
Ang gusto kong tandaan niyo lang dito class,
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under extraordinary circumstances. Kase sabi ng
SC, there were circumstances wherein the Court
may allow even beyond 12 years. The unusual
circumstances of this was, after the 5 th year,dahil
nga pinataguan, they started suing and annulling
sales so they were able to recover because they
were the judgment obligor. The SC said, even
beyond that period you could still execute
because of extraordinary circumstances.
Sabi ng court, dun sa exception na yin, there is
one common denominator. The delay is caused
by the actions of the judgment debtor and/or is
incurred for his benefit or advantage.
Sec.7 – Dito, nagkaroon na ng final and executory
judgment, may namatay. There is already a
judgment, so Sec. 7 will apply. It is not substitution.
This applies on personal or real property or a lien
therein. Section 7 presents the following situation:
Namatay si judgment obligee, sino pwede mag-
execute?
His executor or administrator.
What if money judgment, namatay na?
Hindi ito ang mag-aapply. You proceed against the
estate under special proceedings.
What if the judgment obligor dies?
You will proceed against the executor or
administrator if the subject of the execution is any
real or personal property or any right or interest
therein.
Pag may levy on execution, na-earmark na kahit
patay na. nauna yung pag-levy. Levy is the service
of the writ and the court, what will happen?
There will be a sale of the property.
Section 8 – form lang yan, sinasabi ng Section 8 ang
nilalaman ng writ of execution. That is just a guide
on what should be in a writ.
Section 9 – Money judgment
The preference of the law is that you pay. So the
sheriff should make a demand for you to pay. If he
has money, payment should be made to the
obligee. Pag wala, sa representative ni obligee. Pag
walang representative, sa sheriff for delivery sa
clerk of court, for subsequent deposit to the
government depositary bank.
Hindi pwede ang cheke or PN. Kung walang pera,
levy sa personal or real property. Kapag real
property, kailangan dumaan siya sa public auction
sale.
Who should make a choice?
Yung obligor. The obligor is given the choice of
what he wants to give up. If he doesn’t make a
choice, personal property will have to go first.
Paano kung wala rin? Pwede naman garninshment
of deposits, commissions, annuities in the custody
of a third person. Kapag sa bangko, makakatanggap
ang bank ng notice of garnishment. The notice of
garnishment will tell the custodian to tell the court
if the obligor has sufficient funds. Once he
responds that there are sufficient funds, the court
will give a notice to release the money to be used
as payment for the judgment.
Section 10 – Specific act
Kapag sinabi ng court, you do a specific act, like
convey the property, execute the deed. Sabi ng
court, execute the deed yan ang order ko sayo. You
should be executing the deed. But if you refuse, the
court can require someone else to do it. Kaya yan
walang contempt dyan. Pag wala pa rin, the court
can order that the property is deemed conveyed,
and send the order to the Register of Deeds. Ano
pa ang pwede ipagawa ng court – to remove
improvements.
Can a writ of execution by itself be used to
demolish?
It requires a special order from the court.
Section 11 – Special judgments
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Ano naman yung special judgment?
Only you can do it. For example, master painter ka.
Pwede sabihin ng court na gawin mo yan. Hindi siya
involuntary servitude kase may contract. Either you
comply or pay damages.
**Sections 9 and 10 do not require attachment of a
certified true copy.
**Sa Section 11, you could be held in contempt.
Section 12 Preference of Lien
Kung nauna ang attachment. Even if you buy in a
public sale a property, that attachment will not be
removed- preference of time. Ang daming nauna –
attachment, lie pendens tapos inexecute mo..pag-
transfer ng title sayo mabubura ba yon?
No,because there is preference of time.
Ibig sabihin, you participated in the bid subject to
that attachment.
Section 13 – Exempt from Execution
a. Family home, only to the extent provided
for by law
b. Homestead – public land awarded by
government for purposes of cultivation
c. Those that you need for your daily
provisions (income) for a period not later
than 4 months
d. Furnitures and personal provisions with a
value not exceeding 100,000
e. Cows, carabaos, livestock, etc.
f. Value of your library not exceeding 300,000
(lawyer, doctor, engineer)
g. Gravestones
If you mortgage the property, hindi exempt yon. Or
ginamit mo mga gamit for security kase gusto
mong bilhin, those are not exempt from execution.
Joseph v. Santos
Is it enough that you just claim for execution?
No. Petitioner said that the house and lot where
he was residing was a family home. That the
appliances and furniture found therein are
exempt from execution. this furniture and
appliances belong to his children despite the
allegation, the trial court granted the execution.
so instead of looking into the opposition, the
court granted the execution.
Is the order valid?
The order did not take into account the
allegations in the opposition which are material
and relevant in the resolution for motion for
execution. The court should have made an
earnest determination of the truth to petitioner’s
claim.
So what is the effect, having ignored the
allegation in the opposition?
The SC said that the order granting the writ of
execution is NULL and VOID. The SC said,
although we have held in several cases that the
claim for execution of the family home should be
set up and proved before the sale of the
property, and failure to do so would estop the
party from claiming exemption since the right of
exemption is a personal privilege granted to the
judgment debtor, which must be claimed at the
time of the levy or within a reasonable period
thereafter, the circumstance of the instant case
will show he raised an opposition .
So kailangan you should timely raise it and if the
court fails to entertain, and nevertheless issues
an order, it will be NULL and VOID.
Armored Security case
Yan bang exempt from execution nag-eextend sa
juridical person?
Sabi dito, “ay hindi exempt kame kase losses
yung agency namin”.
Is the security agency exempt from execution?
No. The rule clearly shows that the exemption
pertains only to natural persons. Being a
corporate entity does not fall within the
exemption.
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Sections 15 – 34 Conduct of the Sale
Section 15 – Notice to the obligor and public
Kung yan ibebenta mo, ano ang kailangan?
Perishable - For as long as there is notice in three
(3) public places within a reasonable time.
-there is no need for a certificate of sale
Personal property – at least a period of 5 days;
postings in 3 public places
a. Capable of manual delivery – does not
require a certificate of sale, only if
required
b. Not capable of manual delivery – sheriff
will give a certificate of sale
Real property – postings in 3 public places; but if
the assessed value is more thank 50,000 pesos,
there will be a publication
- There will be a certificate of sale; each
parcel will have a certificate of sale. It
contains details of the property.
**The period of the sale is in the court from 9am to
2pm.
Section 16 – Third-party claim (TPC)
- There is a judgment oblige; a winning party
always deals with the sheriff kase sya ang
mage-execute. The sheriff will execute on a
property. In the ordinary course of things,
kailangan walang pipigil sayo. Kaya lang,
may third party claimant. What will he do?
He serves an affidavit to the sheriff,
sasabihin niya yung interest niya. At the
same time, he will provide for a copy to the
judgment obligee.
What is the effect of TPC?
Who has a better right? The execution is
suspended. Hindi na muna tutuloy si sheriff. The
judgment oblige will now post a bond in favor of
the Third-party claimant, then the sheriff will
proceed with the execution. The suspension will
only be on that particular property in some cases
where there are several properties involved. The
rest will have to continue.
Because he is a third-party claimant, the judgment
obligee can vindicate his right in the same or
separate action. Kase siya kasama, ang third-party
claimant, hinde, he could only file in a separate
action.
In one case, nagkaroon ng ganyan, di naman
kinwestyon yung affidavit. But when the case went
up to the CA on the question of the indemnity
bond, for the first time, the affidavit was
questioned. Sabi ng SC there is already a waiver on
the question pertaining to the affidavit because
you did not raise any issue on the affidavit at that
level.
A good example of this is a claim of a spouse. Is a
spouse a stranger to the action or third-party
claimant? (Ching case)
If it is an exclusive property of the spouse, then he
is a stranger. Therefore, he can vindicate his right
only in a separate action.
But if is a joint or community property, then the
spouse is not a stranger to the action. He can
vindicate his right in the same action.
Section 17 - Punitive Damages
For defacing a notice. – you can be liable for
punitive damages. Magkano? 5,000 pesos
Selling without notice – liable for punitive
Sec. 27 - Redemption
Who can redeem?
The judgment obligor, creditors or those who have
lien or interest in the property (redemptioners)
Redemption Period
One year. Can this period be extended?
June 1, 2019
May 31, 2020
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Section 29 – says that once the judgment obligor
redeems, there will no longer be redemption. The
property reverts back to his estate. Therefore, all of
that redemption will move around that 1 year. For
example in July 2019 may nag-redeem. August,
September 2019 may nag-redeem na naman. Pero
pag ang nag-redeem na ay ang judgment obligor,
there will be no further redemption.
For example, the judgment obligor cannot redeem,
it will be consolidated in favor of the redemptioner
and he will hold that for a certain period of time
subject to the redemption of the judgment obligor.
During the redemption period, who is in
possession?
The judgment obligor.
Who is entitled to the profits and rents?
The judgment obligor.
Yun lang ang pinaguusapan sa sale. Yun lang ang
material. So hindi ito mind-boggling.
Section 35 – 43 Remedies Available to Fully Satisfy
the Judgment
Kapag nandito ka na sa part na to, it means pagod
ka na. Ibig sabihin ginawa mo na lahat pero hindi ka
pa rin satisfied.
1. You could call the judgment obligor in court
(Sec.36)
2. You could also call the debtor of the
judgment obligor (Sec. 37); once the debtor
of the judgment obligor is called on the
stand and it is found out that the debtor has
property, the assets in the possession of the
debtor will be bound. Therefore, all of those
that will be found during the course of the
examination, bound na yan.
3. The court can issue processes like a
subpoena (Sec. 38)
4. You could require your debtors to pay the
sheriff and that could be applied to the
satisfaction of judgment of the judgment
obligor.
5. Order of application of property and
income (Sec.40) – in the 2nd paragraph, if
after investigation, the court is convinced
that the judgment obligor has sufficient
income and property, the court can require
payment of the judgment award on
installment basis. If you fail to pay an
installment, you could be held liable for
contempt.
6. You could have the court appoint a receiver.
You want the property of the judgment
obligor preserved (Sec. 41)
7. If there are properties within the
jurisdiction of the court where the
judgment obligor has a property, whether
as a mortgagor or a mortgagee which is not
subject of controversy, it could be applied
to the payment.
8. Those properties that the judgment obligor
is believed to own, but the possessor
rejects, refuses to recognize the debt,
refuses to recognize the ownership of the
judgment obligor. the judgment obligee can
secure an order from the court for the sale
of the property within the period of 120
days. (Properties which are disputed)
Section 44-45 Satisfaction of Judgment
a. When the writ of execution is returned to
the court - satisfied.
b. If there is an endorsement (that it is
satisfied) on the face of the records of the
case (judgment) by the oblige or the
counsel.
c. Separate written admission by the
judgment obligee or his counsel
Section 45 – ang court convinced na satisfied na,
the court can order, “Satisfied nay an”, or the court
can require hearing if there is a motion filed by the
obligor. That is without consent. Ano yung with
consent? Yung endorsement and written admission
by the obligee or counsel.
Section 47 – 48 Effect of Judgment
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Res judicata - - yung (b), nadiscuss na natin yan.
Preclusion of issue or conclusiveness of judgment
(c)
Ano example ng res judicata?
For example, contractor ako, I was contracted to
build this building. In the course of the
construction, sabi ng owner,” Ang sama naman ng
construction nyan eh, ayaw na namin. Besides, di
pa naman talaga maliwanag ang kontrata eh. So
what did they do? They questioned the validity of
my contract. They filed a case against me, to
rescind the contract. May mga breaches ako. Sabi
ng court my contract with the owner is valid. That
is Res judicata. Therefore, they can no longer
question the validity of my contract with them.
Ano naman yung preclusion of issue or
conclusiveness of judgment?
So tinuloy ko na yung kontrata, tinayo ko yung
bulding, natapos naman. Ngayon, ako rin
maglalagay din ng elevator, aircon, glass panels.
Based on the contract, sa akin yon pero isu-
subcontract ko. Pero yung contractor ko, for one
reason yung elevator nag-sshake. Tapos, yung
aircon na nilagay ko nagyeyelo. Tapos yung salamin
daw sobrang dilim, tinted. So galit yung may-ari.
So dinemanda kame. In that case, we will be forced
to touch on the contract.
Can the validity of that mother contract still be
questioned in that new case?
No, because that case is already barred by prior
judgment, yung issue na yon.
Pero yung issues sa aircon, elevator and glass
panels, can that be resolved?
Yes. While the issue on the validity of the contract
can no longer be touched, the rest of the issues can
still be resolved. – Preclusion of issue, conclusion of
judgment
Rule 47 – it says it is conclusive as to the title of the
thing, letters of administration, probate of the will,
political relationships of persons – conclusive but
only presumptive as to the debt of the person
when you talk of letter of administration or probate
of the will. Why?
It is only presumptive because you could apply for
letters of administration even if the person is alive.
You could even apply for probate of the will during
your lifetime. But for the rest, those are conclusive.
Section 48 Foreign Judgment
As to a specific thing, it is conclusive.
As to the parties and their successors-in-interest, it
is only presumptive
Ang foreign judgment by itself cannot be enforced
in the Philippines. There should be a petition for
enforcement of a foreign judgment. You have to
show that the court has jurisdiction, proper notice
was given, that there was no collusion, no fraud,
no mistake of fact or mistake of law. These are the
same reasons to impugn a foreign judgement.
For a foreign judgment, you need to enforce it. for
an arbitral award, you need to have it recognized,
not enforced.
Aside from those I’ve mentioned, there is a
universal ground to contest an arbitral award, and
that is if it is against public policy.
Appeal
Rule 44 is not a mode of appeal. It is the procedure
in the CA.
Ordinary Appeal (Rule 40 and 41)
Rule 40 – judgment was rendered by the MTC, a
court of original jurisdiction. Appeal is made to the
RTC. There is no way that you can appeal from the
MTC to the CA/SC.
You will file a notice of appeal in the court that
rendered the judgment. When you file the notice,
the appeal is perfected as to you.
Let us say, natanggap ni plaintiff ang adverse
decision ng June 1. He has until June 16 to file an
appeal. Si defendant, he received the decision on
June 3. So hindi sila sabay. He has until June 18.
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The plaintiff filed the notice of appeal on June 4. As If you filed your record on appeal on June 14, it
to you, it is perfected, but will the court lose its does not mean that it is perfected. The approval
jurisdiction? No, because the court will only lose could be on June 24 – that will be the perfection of
its jurisdiction after the lapse of the period for the the record on appeal.
other party to file an appeal. The court will then
only lose jurisdiction on June 19 (after the For losing of jurisidiction, pareho lang – expiration
expiration of the 15 days of the other party) – This of the period of the other party to appeal.
is perfection and losing of jurisdiction.
Everything that I discussed in Rule 40 is the same in
You file a notice of appeal, the records will be Rule 41, no extension (except in instances where
elevated to the RTC. Is an MR a pre-requisite? the court orders an amendment or an alteration)
No, but you could file an MR.
Where do they vary?
Let us say you filed an MR, and your MR is denied. The procedure in the CA is different from the
How many days is your period to appeal? procedure in the RTC.
You have a fresh period of 15 days (Neypes). Before
the Neypes ruling, remaining days ka lang. RTC (Rule 40) CA (Rule 41)
In the RTC as an In the CA (Rule 44)
Can you ask an extension of time to file notice of appellate court, Appellants brief shall
appeal? memorandum and be filed within a period
No. failure of the appellant of 45 days; Appellee’s
to file a memorandum brief to be filed within
What is the procedure in the RTC? (appellate court) will result in a 45 days; Reply rief of
The court will require the appellant to file a dismissal. the appellant, within a
memorandum within 15 days. After the filing of the period of 20 days;
memorandum of the appellant, the appellee will
have to file a memorandum within 15 days.
In a recent case, sabi ng court yung appellant’s
**One thing unusual in this type of appeal is that brief dapat may page reference on the record yan,
the RTC can like into the entire records of the case. dapat yung assignment of errors nandon, pag wala
yan, it will result to a dismissal of the case.
Let us say, the MTC dismissed the case, then the (enumeration in Sec. 13, Rule 41) in this case, sabi
case was transferred to the RTC. Can the court take ng SC, yang dismissal based on those grounds or
cognizance of the case? absence of those enumerated, it is left to the
Yes, as if it was originally filed. discretion of the court. You will have to refer to
Rule 50.
Record on appeal
- to be filed within a period of 30 days. May Rule 50 enumerated the grounds for dismissal in
extension? No, unless the court orders the the CA.
amendment of your record on appeal, then a. You did not file notice of appeal within the
the court will give you a different period. reglementary period
- The perfection for record on appeal is not b. You did not pay docket fees
the same (Rule 41, Sec. 9) c. Did not file an appellant’s brief
- It is perfected upon approval of record on d. Your appellant’s brief has no page reference
appeal. on the record
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e. No assignment of errors
Ang sabi dyan, “may” diba, it means discretion yun
ng court kung ididismiss siya kahit pa absent ang
lahat ng yon.
Rule 42 and 43 – Petition for Review
Kapag natalo ka sa MTC at natalo ka sa RTC,
petition for review ka kay CA. That is why summary
procedure sa MTC- petition for review in the CA.
In a recent case, ang period to file sa PR is 15 days.
However, there is a provision that you could file an
extension for as long as you pay docket fee. Can
you file a second extension? The general rule is,
NO, except for the most compelling reason.
Kase dito bago mag-expire ang 15th day, nagpalit ng
abogado. Nakapirma pa si client, so they asked for
an extension. Sabi nila, that is the compelling
reason. The SC said, that is not a compelling
reason. una, may conformity ka. Pagalawa, dapat
naghanap ka na ng abogado.
You are entitled to an extension only once, except
for the most compelling reason – you could file for
a second extension.
The PR is filed in the CA. The only petition wherein
you will not go up is a petition for relief from
judgment. You are to file in the same court.
A petition should have the name of the parties,
certification of non-forum shopping, the issues,
verification, explanation as to service, relief,
absence of any of those will result to a dismissal of
the case.
When will a court acquire jurisdiction?
If the court gives due course to the petition.
Rule 43 – lahat ng period at where to file, pareho
with Rule 42.
Here is the difference..
a. On a 43, it also goes to the CA but it comes
from quasi-judicial agencies (DAR, SSS,
Office of the President) – that is not a
closed list. Yung NLRC is CA- Rule 65.
b. In a PR in Rule 42, you will have to attach or
append records or pleadings of the case. It
means that under Rule 43, all the
attachments to the petitions in Rule 43
should be certified true copies. Why?
Because the records did not come from a
judicial body.
Rule 45 – PR on Certiorari (Question of Law)
From RTC, CA, Sandiganbayan, CTA – papunta sa SC
(for pure questions of law)
Period to file – 15 days
Extension for compelling reasons (one time) – 30
days
Grounds to Dismiss:
a. Wrong mode of appeal
b. Filing out of time
c. Did not pay correct docket fees
d. Utter lack of merit of the petition
Rule 46 to 56
Court of Appeals
1. Original – petition for certiorari, injunction,
mandamus, writ of amparo, writ of habeas
corpus
Rule 46 - you will file a petition. How does the
court acquire jurisdiction over the person of the
respondent? – By receipt of the resolution of the
action. Another way to acquire jurisdiction is
voluntary submission to the jurisidciton of the
court.
Because it is an original jurisdiction, there are facts
that are controverted. What is the procedure?
It can be heard by the division itself. Kapag original,
pwede nila hear ang kaso mo.
Rule 47 – Annulment of Judgments
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Sa annulment of judgment, it is a bit different case,
the court issues a summons. Though it is an original
case, siya lang ang nag-iissue ng summons
Rule 48 – Preliminary Conference
It is equivalent to a pre-trial for purposes of: 1)
amicable settlement. 2) identification of issues and
3) stipulation of facts (only for original cases or
grant for MNT)
Rule 49 – Oral Arguments
it is for original cases.
Do you need a notice of hearing for a motion filed
in any appellate court?
No. In Rule 49, only the Court of Appeals can set
the case for hearing. You cannot direct the CA to
set a case for hearing. Kaya pag file ka ng motion sa
CA, SC or any appellate court, walang notice of
hearing.
Dalawa lang ang pwede mangyari pag may motion.
a. Yung judge ayaw mna magtagal. “O
comment 10 days, rely 5 days. O submitted
for resolution nay an.
b. Pero kung masipag yung judge, mag-argue
ka kailangan ready ka.
Rule 51 – Promulgation of Judgment and Entry of
Judgment
Rule 52 – MR
The same in Rule 37, period to file an MR- 15 days.
No second MR. the appellate can rule on an MR
within 90 days. Unlike in the trial court, usually 30
days lang.
Rule 53 – MNT
In the CA, newly discovered evidence lang ang
ground.
The period to file for MNT in the CA is longer than a
MNT in the trial court. In the CA, the period starts
when the appeal is perfected and for as long as the
CA has jurisdiction over the case.
Rule 54 – Internal procedure lang yan
Rule 55 – How their decisions are published
**Yan ang takbo ng kaso kapag original jurisdiction
ang sa CA
2. Appeal
41 -ordinary appeal – yang partner nyan 44
(appellant’s brief)
42 – procedure is there in the same rule
43- procedure is there in the same rule
Rule 56 – Supreme Court (Procedure)
1. Original
Follow the procedure under Rule 46, 48.. 49 -oral
arguments, 51 – judgment, 52 – MR,
Wala annulment of judgment sa SC kaya walang 47;
Walang 53, No MNT in SC; walang 50- CA yan.
2. Appeal
45 – PR on certiorari (period at contents ng
petition), 48 (preliminary conference), 51
(judgment), 52 (MR)
Walang 49, no oral arguments. The writ of
kalikasan is an original action
Jurisdiction of the Supreme Court
Sec. 1, Rule 56
Petitions for certiorari, prohibition, mandamus, quo
warranto, habeas corpus, disciplinary proceedings
against members of the bar against members of
the bar, members of the bench, against
ambassadors and ministers
There are some jurisdiction not found in the ROC,
but found in the Constitution- validity of a law,
treaty, executive agreement, an ordinance, tax
imposition.
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CIVIL PROCEDURE | Prof. Tranquil Salvador III