Professional Documents
Culture Documents
Course Outline
(Provisional; under reconstruction)
1. Introduction
1.2. Jurisdiction
Salvador v Patricia Inc GR 195834, Nov 9, 2016
La Naval Drug Corp v CA 236 S 78
Atwel v Concepcion Progressive Asso Inc GR 169370 April 14, 2008
Figueroa v People GR 147406 July 14, 2008
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3.2. Pleadings in general
- Kinds of pleadings
- Formal requirements of pleadings
- Parts of a pleading
- Verification when required
§ Manner of verification (Rule 7, Section 4)
§ Formal, not jurisdictional
Kilusan-Olalia v CA 528 S 45 (2007)
§ Verification by Counsel
In-N-Out Burger, Inc. v Schwani Inc. 575 S 535 (2008)
- Certification against forum-shopping in initiatory pleadings
§ Definition of Forum Shopping
Tokio Marine Malayan Insurance Compnay Inc. et.al v
Valdez GR No. 150107 28Jan2008
Negros Slashers v Teng 666 S 629
§ Counsel cannot sign certification; exception
Digital Microwave Corp. v CA GR 128550 16Mar2000
Guy v Court of Appeals GR 163707, September 15, 2006
Sy Chin v Court of Appeals GR 136233, November 23, 2000
§ Co-owner or Co-party may sign in behalf of co-owners or co-parties
Cavile v Heirs of Clarita Cavile 400 S 255 (2003)
- Distinction between non-compliance of verification and certification
against non-forum shopping requirement
Sari-sari Group of Companies, Inc. v Piglas Kamao 561 S 569
(2008)
Altres et al v Empleo et al GR 180986 Dec 10, 2008
Median Container Corp. v Metropolitan Bank & Trust Co.
561 S 622 (2008)
- Substantial requirements of pleadings
- Sufficiency of allegations
§ Ultimate facts only
Remitere v Yulo 16 S 251
Philippine Stock Exchange v Manila Banking Corp. 559 S
352 (2008)
§ Tests of sufficiency of complaint:
- Can judgment be rendered if admitted?
- Always reckon against grounds for dismissal
- Is bill of particulars applicable?
Philippine Bank of Communications v Trazo 500 S 242
(2006)
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§ Test of sufficiency of responsive pleading
- Not susceptible to summary judgment
- Does not amount to confession of judgment
- MUST tender an issue
- Must specifically deny “material allegations” lest they
be deemed admitted
Gaza et al vs Lim GR 126863 Jan 16, 2003
- Defenses and objections MUST be pleaded either in
motion to dismiss or answer, else waived
§ Alternative causes of action or defenses may be pleaded even if
inconsistent with each other
- Purpose of rule is to allow for complete adjudication of
any controversy
- Counterclaims
§ Rule on permissive and compulsory counterclaims
§ Test to determine nature of counterclaim
Namarco v Federation of United Namarco Distributors Inc., 49
S 238
Bungcayao Sr v Fort Ilocandia 618 S 381
Peoples Aircargo v Phillipine Airlines etal GR 226168, January
30, 2019
Calibre Traders Inc v Bayer Philippines 633 S 34
Korea Exchange Bank v Gonzales GR 142286-87 April 15, 2005
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- Right to amend not affected by motion to dismiss or motion for summary
judgment or even motion for judgment on the pleadings which are not
considered “responsive pleading”
- Rule when some but not all defendants filed responsive pleading
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Affirmative defenses to be pleaded, otherwise waived
3.7. Summons
- Rules on service is strictly construed, hence:
- For actions in personam
§ against residents, service must be personal first then substituted if
unsuccessful or publication if whereabouts unknown or
temporarily outside the country
§ against non-residents, only personal service within the state can
confer jurisdiction over the defendant
- For actions in rem or quasi in rem
§ against residents, same as above
§ against non-residents, personal service outside the country, with
leave of court, or publication with leave of court
- For actions against domestic juridical persons, service only on those
enumerated in the statute is allowed
- For actions against foreign juridical entity, service must be on resident
agent, government regulator, or any of officers, agents within the country
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Kawasaki Port Services vs Amores GR 58340 July 16, 1991
Sansio Phils v Mogol GR 177007, July 14, 2009
Guiguinto Credit v Torres GR 170926, September 15, 2006
Potenciano v Barnes GR 159421, August 20, 2008
3.8. Motions
Litigious motions to be set for hearing
Non-litigious motions no need to set for hearing; must be resolved by court within
5 days
Omnibus motion rule
Prohibited motions
Motion to dismiss except grounded on:
No jurisdiction over subject matter
Litis pendentia
Cause of action is barred by prior judgment or statue of limitations
Motion to hear affirmative defenses
Motion for reconsideration on resolution of affirmative defenses
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Nestle Phils vs NLRC GR 98363 June 15, 1992
Ley Construction vs Sedano GR 222711 August 23, 2017
- Failure to comply with condition precedent
Tribiana vs Tribiana GR 137359 September 13, 2004
Lansangan vs Caisip GR 212987 August 6, 2018
- Failure to state cause of action
San Lorenzo v CA, 288 S 115
Viewmaster vs Allen Roxas et al GR 133576 July 13, 2000
3.11. Pre-trial
- Definition
Anson Trade Center v Pacific Banking, GR No. 179999 17 Mar 2009
Interlining Corp. v Philippine Trust Co. 428 S 583 (2002)
- Setting for Pre-Trial to be done by clerk of court
- Failure to have Pre-trial
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Madrid v Spouses Mapoy, GR. 150887 14 Aug 2009
- Failure of party and counsel to appear will result in waiver of any objection to the
faithfulness of reproductions marked, or their genuineness and due execution.
- Failure of plaintiff to appear shall cause the dismissal of the complaint with
prejudice. Dismissal shall be with prejudice unless otherwise ordered by court
- Failure of defendant and counsel to appear will be cause to allow plaintiff to
present his case ex parte
- Failure of party and/or counsel to bring evidence shall be deemed a waiver or the
presentation of such evidence.
- Summary judgment or judgment on pleadings possible if facts are discovered in
pre-trial to warrant such action
- Effect of Pre-trial Order
Heirs of Reyes v CA, 519 S 250 (2007)
3.13. Discovery
- Compulsory process wherein litigants are forced, by court rules or orders, to
disgorge private information to adverse party
- Purpose of discovery is to obtain knowledge of material facts within the
knowledge of the adverse party or of third parties; obtain admissions from
adverse parties and to inspect relevant documents, objects and property.
- What are discoverable?
- Limitations on discoverability
- Modes of discovery
- Deposition
People v Sergio and Lacanilao GR 240053 October 9, 2019
Ingrid Sala Santamaria and Astrid Sala Boza v Thomas Cleary, GR
197122, June 15, 2016.
Pajarilla v CA 570 S 347 (2008)
- Interrogatories to parties
Spouses Vicente Afulugencia v Metropolitan Bank and Ortega, GR
185145, February 5, 2014.
- effect of failure to serve written interrogatories
- Requests for admission
Sime Darby Employees Association v NLRC 510 S 204
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Metro Manila Shopping Mecca Corp v Ms Toledo in her capacity as
City Treasurer of Manila, GR 190818, June 5, 2013.
- Production and inspection of things
Eagleridge Development Corporation v Cameron Granville, GR
204700, November 24, 2014.
- Examination of persons
3.14. Trial
- Order of trial
- Reverse trial when complaint is admitted
Yu v Magpayo 44 S 163
- Reverse trial also in criminal cases
- When trial dispensed with; Absence of Party
Republic v Vda de Neri GR 139588 March 4, 2008
Sps Calo v Sps Tan GR 151266 November 29, 2005
3.15. Consolidation
- Test is common questions of fact or of law
Active v CA, 181 S 774
Superlines v Victor, 124 S 939
Steel Corporation of the Philippines v Equitable PCI Bank 635 S 403
Deutsche Bank AG vs Court of Appeals 667 S 82
Producers Bank of the Philippines v Excelsa Industries 669 S 470
Teston v DBP GR 144374 November 11, 2005
Gregorio Espinoza v UOB GR 175380 March 22, 2010
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- consolidation of civil and criminal cases
- consolidation of cases on appeal
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- Movant may be either party
3.19. Judgments
- Requirements
- written and signed by judge
- must contain findings of facts and law applied
- must contain a dispositive portion
- filed with the clerk of court
- rendition reckoned from filing with clerk
- must be served on parties
- may be amended before finality upon motion or motu proprio
- entry upon finality
- entry determines prescriptive periods
- final judgment not subject to amendment
- separability of judgments
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- Motion for reconsideration
- NT distinguished from reconsideration
- grounds
- results when granted
- remedy when denied (appeal from the judgment)
- Relief from judgment
- not available for lost remedy
Tuazon v CA, 256 S 158
Sps Que v CA GR 1507397 August 18, 2005
Monzon v Sps Relova GR 171827 September 17, 2008
- available only versus final judgment
- distinguished from NT or reconsideration
§ grounds
§ when/how invoked
§ result when granted
§ remedy when denied (no more appeal)
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Valencia v CA, 184 S 561
- execution before or after death of judgment obligor will depend on the nature
of the judgment, i.e. recovery of property v money judgments
4. APPEALS
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- RTC to CA
- no extension of period to file notice of appeal
- interrupted by motion for NT or recon
- if NT or recon denied, fresh period to appeal
Neypes vs CA GR 141524 Sept 14, 2005
- payment of docket fees must accompany notice of appeal
- petition for review (by filing petition with CA under rule 42)
- second level of review
- review of judgment in exercise of appellate jurisdiction
- RTC (appellate jurisdiction) to CA
- not a matter of right; discretionary on part of CA
Ong v Tating. 149 SCRA 265
- appeal by certiorari (filing petition with SC)
- appeal to the SC
§ from RTC on questions of law only (Rule 41)
UMC v Velasco 98 S 545
- may be remanded to CA if involving questionof fact
(rule 56, sec 6), not dismissed
§ from final order or resolution of CA or SB (rule 45) but only on
questions of law
- appeal to SC not a matter of right (Rule 45, sec 6)
Cheesman v IAC, 193 S 93
Sumbingco v CA, 155 S 24
§ What is a question of law?
• See Macawiwili and Land Bank cases below
- petition for review on certiorari vs petition for certiorari
New York Marine v CA, 249 S 416
Ybanez v CA, 253 S 540
Rule on appeals summarized
Macawiwili Gold Mining and Devt Co v CA 297 S 602
Land Bank of the Philippines v Ramos 685 S 540
4.5. When does court lose jurisdiction relative to filing of notice of appeal
- May notice of appeal be contested? Dismissed by court?
- duty of court when notice of appeal filed
- dilatory appeals
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- to SC via notice of appeal
- to CA on notice of appeal from RTC decision rendered in appellate jurisdiction
- the above modes will merit dismissal; no transfer to correct court will be
allowed
(Exception is when appeal to SC on questions of law and fact in which case, the
case will be remanded to CA)
5. PROVISIONAL REMEDIES
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5.3. Receivership
- When is receiver appointed?
- object is preservation of property subject matter of litigation
- powers of a receiver
5.4. Replevin
- nature of a replevin suit
- question involved is one of possession but ownership may be resolved if raised
- plaintiff (claim) and defendant (counterclaim) can petition for replevin
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