This action might not be possible to undo. Are you sure you want to continue?
or it has been lost Can SEC 6 and 7 of Rule 14 apply simultaneously? Personal and Substituted? No, there must be a showing first of impossibility of personal service. Not alternative modes. Must go first through personal, to go to substituted. Service of the summons of the person of the defendant is preferred. Substituted is an Extraordinary Method. Sancho case Lazaro vs Rural Bank of Francisco Balagtas. :the service of the summons to be done personally must it be in his actual residence? No. In the last two years, there was a question on Sec 15 Extraterritorial Service 2008: there was an OFW in Hongkong and she wasn¶t aware of the case against her. She was just informed by someone in the Philippines. The following are the minimum requirements for SEC15: a. Defendant is a non-resident OR is not found in the Philippines (di pwede foreignor) b. Nature of the action 1. personal status of the plaintiff 2. involves real property of the defendant who does not reside in the Phil 3. or any interest, actual or contingent, of the real property How do you serve summons? 1. Pesonally, outside of the Philippines 2. Publication AND service of summons and complaint in the last known address by REGISTERED MAIL of the defendant 3. Other mode as may be determined by the court (subject to the discretion of the court; power within the trial court to determine means) Rodriguez case 2003 case..San Francisco, USA Sa order: summons should be served through the DFA and answer should be filed in 60 days with publication in a newspaper of general circulation Service by publication in Sec 15 and Sec 16 The defendant is Temporarily absent but he remains to be a resident of the Philippines. By jurisprudence, if he is temporarily absent, can you serve by substituted service? YES, may residence siya eh. If you cant do it by personally, substituted service. Sec14 also by publication: take note of: that the defendant is NOT KNOWN or his whereabouts NOT known Can you do service of summons by substituted service if a defendant is NOT a resident of the Philippines? Case: substituted service does not apply if a defendant is a non resident. E di tyempohan mo nalang. EXCEPTION: If the resident spouse of the non resident spouse has previously been appointed as an attorney in fact in a previous case involving the same non resident spouse: you can have substituted service.
In PHILAM life case, the question was the effect of improper service of summons: the court will not have jurisdiction over the person of the defendant. File motion to dismiss. What can the court do? Grant, denying, or order an amendment.Can the court issue an alias summons? SC said, there was no grave abuse of discretion, it is only to expiadite. Is the effective service of summons waivable? Yes, if you don¶t object it in an answer or MTD, it is waived. WAIVABLE only if you know though. SHOULD have knowledge. Case: defendant was a corporation, a clerk received it. A corp should be made upon the President, General Manager, managing Partner, Treasurer, In house counsel(employed by the corp). The enumeration cannot be expanded. Exclusive list. The clerk did not pass on to the officers, she just kept it. There was an order and judgment by default against the corporation. The case was elevated to the CA. Columbus raised the improper service of summons for the first time, but considering that there was improper service and the officers was not aware, there was no waiver. From the time of effective of summons to judgment, the proceedings are null and void. True: WITHIN ONE day: The court shall issue summons within one day from filing of the complaint: Guidelines. Instead of filing a MTD the defendant is suggested to file an answer with an affirmative defense. MTD is not a prohibitive pleading. The court just persuades the party to file an answer with an affirmative defense. Why? Because issues are joined, the next step would be pre trial and the parties can Compromise. They inserted as an incentive RULE 16 last section. Affirmative hearing is subject however to the discretion of the court. Service by summon personal with substituted or publication: Know if it is in personam, quasi in rem In personam: could arise from obligation: judgement only affects the party: primary mode is personal service, if impossible, then do substituted. In rem/quasi in rem: these are the only actions where summons can be served by publication: in rem: no named defendant: subject matter of the property is real property.affects the whole world. Quasi in rem: there is a named defendatnt:affects the rest of us: it involves real property of a non resident defendant also personal status of the defendant. Can service of summons be served by mail? Generally no but it can with extraterritorial service. Lis pendens. Rule 13. Not same with litis pendentia. Lis pendens: real property subject of the action has a pending litigation involving title or possession. How do you cause the annotation? Should name the case and parties object of the action and description of the property. Notice has no form just written. Mahirap magpatagal kc you need a court order to cancel a notice of lis pendens and you have to show that the notification was only to molest and no reason anymore to protect the rights.
1|C IVP R OAt t y. Sal va do r
Failure to explore possibility of compromise involving a suit between members of family. You can refile as a general rule except res judicata. File motion to dismiss march 16. PAYMENT. If it is an individual. Ex. payment. facts. 2. pleading asserting the claim states no cause of action) There are certain wherein you need to exhaust. obviously a reiteration of previous judgment. It does not dispose of the case. continue with the case. RULE 15 MOTION applies to BOTH CIVIL AND CRIMINAL. CASE: lack of barangay certification though a ground to dismiss does not go to jurisdiction so it may be waived. 1. If granted: the effect is a FINAL DISPOSITION OF THE case. Voluntary appearance. if minor or incapacitated shoud be assisted. LITIS PENDENTIA. Under the rule. Ground for MTD. Sal va do r . there should be a special power of attorney. JOIN THE available GROUNDS together. Otherwise. SC said NO.ABANDONMENT CONDITION PRECEDENT. Ten day rule. Yes if Rule 117 G and I. Tan vs CA. prescription double jeopardy dismissal without assent of the accused. It survives. file an answer. Non-exhaustion of administrative remedies. you can incorporate other grounds other than jurisdiction over the person of the defendant without in any way submitting to the jurisdiction of the court. can the case be refiled? Information is inefficacious. Exception: Tijam: estoppel by laches on question of jurisdiction. there should be an authorization. statute of limitation. it¶s a mere scrap of paper(. ³shall´ motion day scheduled EVERY day in the afternoon UNLESS Friday is a non working day or a holiday in which case it would be on the next working day. What if the effect? Motion would be denied. Identity of parties.WAIVER. you should set the hearing no less than ten days from filing. Exception: if the matter was not squarely passed by the court Rule 16 When to file: within the period when the defendant is allowed to file an answer: within 15 days Effect of filing:The reglementary period is interrupted If denied. in a MTQ all other grounds are waived except lack of juris. Sought affirmative relief also included. MANDATORY. If not raised. Could be in different ways. How many days left? 5 days if remaining period is less than five days ung remaining period. Motion Day. defendant file a MR which did not contain a notice of hearing. There is a law that sets a limit as to when you can enforce your right. RA 7691 Lack of juris over the subject matter. An order denying motion to dismiss is an interlocutory order. can be waived. non compliance with Sec456 It would not interrupt the running of the reglementary period. Three day notice rule. res judicata. age of majority. statute of limitation. issues. filed in court at least three days before. lack of jurisdiction over the subject. it could be dismissed or the court can say amend the information. You have to include all ground or objection in one motion or else it would be waived. 2|C IVP R OAt t y. 1. there should be a board resoulution. Omnibus motion Rule. Ground for MTD. If it is a juridical personality. THE COURT CANNOT DISMISS on this ground MOTU propio. waiver. March 1 you received. Waivable. Did not comply with a requirement before you file an action. Don¶t agree file MR. Sec 7.Pending litigation includes quasi judicial proceedings? Bureau of Lands. The judgment would become final and executor. It could be raised even for the first time on appeal. there was unreasonable delay. Requisites. unenforceable statute of frauds Lemme touch on motion to quash interms of effect: MTQ: if granted. you cannot anymore enforce your right. it can be a reason for the court not to act upon your claim. Exception: nullity. notice of hearing: motion mo may notice and directed to THE OTHER PARTY: to the defendant 2. you should be armed with authority. (some put in condition precedent. Proforma Motion for reconsideration. If it is a representative capacity. How many days left if motion denied to file an answer? Five days. The motion should have been 1. the period will continue to run. prescription. 18 years old. after the lapse.if it is denied. copy thereof served upon the other party Take note: Sec 4: a Notice of hearing may not be required when motion would not prejudice the right of the other party: ex. If you file a motion today. Just like dismissal of student. It was a useless scrap of paper. The following are the requirements for motion to be effective? If not. Failure to barangay conciliation. there is urgency. Case: luim vs Tabua 2005 case. relief. SEC 4. If grounds are not raised: it is waived except: Litis pendentia. It doesn¶t mean you cannot refile. Improper venue. motion for extension or cancellation. 5 and 6 were not applied)case of Tan vs CAL sec 456 are mandatory requirements. Laches is not enumerated. You have till march 16. Pending litigation should be a judicial action. In a criminal case. If represented by another person. To make it res judicata: add judgment in one case STATUTE OF LIMITATIONS/PRESCRIPTION. abandonment. Served on the other party and 2. There must be a motion filed Lack of Legal capacity. info does not constitute an offense and DJ. if grave abuse of discretion file petition for certiorari.When you only reiterate matters already raised in the judgment. It is Not waivable.
When you look at the complaint. recently Mago vs CA the court granted intervention. Can there be a preliminary conference? Under guidelines. Memorize the pleading contents. The court can deny. the case would be referred to a mediator in mediation unit of the locality.. When? Must have received by the other party and court At least three days before the pretrial conference similar to motion. If appellate entertains the petition.the petition was final and executor. Application of Rule 18sec4 to Rule 70 sec8. complaint itself would suffice. When an action ceases to exist. it answers when intervention should be filed.. The non appearance may be excused. if mtd. And it will dictate the conduct of trial. there is in the rule. Second.grant or order amendment.explore possibility of compromise. First day: would there be pretrial proper? No. At anytime before rendering of judgment in the trial court. grant. intervention was allowed even if the pettion for review was submitted before the SC. ³As in default. it can only be raised before answer. conciliator. NO OTHER EVIDENCE required. Rule 19 Intervention. Before the pretrial proper: You¶ll receive a pretrial notice setting the date and time for pretrial conference and request you to prepare a pretrial pleading. All you need to look at is the complaint. someone who has no initial assessment of the case. same effect as absence. Pinlac vs CA. be careful in setting the ground of the pleading asserting the claim states no cause of action because you have deemed to have hypothetically admit the facts as stated in the complaint. Effect if failure to name. Who is JDR judge? The concept of it was in JDR RULE in 2006. It is merely a collateral. It would supplement Sec 8 of rule 70. If it decides to resolve. Ejectment. have to name your witnesses. Dismissal of principal complaint covers complaint in intervention. the court or clerk of court can require a preliminary conference before the clerk of court for stipulation. case dismissed. Unlike absence or lack of cause of presentation .unless the plaintiff has SPA in favor of the lawyer. issues are joined. Lawyers were concerned that judge would be mediator. Certain agreements should be made in writing. The court then would convice the parties to compromise. If compromise unsuccessful. From the time the case is raffled before pretrial proper. But the court should clearly state the facts supporting th e action. the intervenors were indispensible parties. In the pretrial brief. A document not premarked during pretrial cannot be presented in trial except in the interest of justice in court¶s discretion. There is no memorandum that there is consent. If the plaintiff is absent during pretrial. no dismissal. It would have minutes and would form part of the pretrial records. You can intervene if you have a legal interest in the action.there could be presentation of evidence . If defendant. 1.Luyin vs Mapua 2005 case.´ Remedy in a default scenario: file motion for reconsideration or motionto set aside on ground on FAME. is there a right. The spirit behind the exception is applicable in preliminary conference in summary procedure. Also be before a judgment is rendered and before final and executor. NOT an independent proceeding. The JDR gives the parties the option to continue the case with the JDR judge. (jurisprudence Saguid vs CA) Do we follow the same rule for criminal cases? The offended party in the criminal case.the dismissal would be final disposition. or answer with affirmative defense. there is no more proceeding wherein the intervention can be heard. then the agreement would be unenforceable.after presentation of evidence that there is lack or absence of cause of action.NO! Macasaet vs Macasaet. Art 1403 of the civil code. No need to determine whether it is true or false. or order an amendment. Reiteration of the exceptional case. yes. The ocurt cannot defer. cannot be presented during trial unless in the interest of justice. it is mandatory Guidelines in the Modes of Discovery: 2004 guidelines Process: Once there is an answer. The case then would be reraffled again to a trial judge. If no submission of pretrial brief. The plaintiff would be allowed to present evidence ex parte. admission and naming of witness.. it should clearly state the reasons thereof. Case of looyoko vs Ca. Sal va do r . SC has allowed after rendition of judgment. Tainted with grave abuse of discretion: certiorari. Even if no case.But the appellate can remand the case if the facts are not clear to PRETRIAL -mandatory in civil -Rule118 in criminal cases. A reply is not a mandatory pleading. SC. the evidence therein would form part of the case in case the motion is not granted. It can be raised at anytime.. If denied by trial. Unless inconsistent with sec70 the rule 18 applies in preliminary conference. you have the pretrial proper. SC said: it must be noted however in both cases. («) Can the court allow intervention even after rendition of judgment? In exceptional cases. it would go back to court. If no compromise. the CA can dismiss the case. It will contain all matters discussed in a pretrial conference. if there is grave abuse of discretion. it would not be dismissed. it would be in the nature of demurrer to evidence. The court shall not defer the resolution of the motion because the ground relied upon is indivisible.UNENFORCEABLE under the Statute of Frauds. Pretrial order therafter. accessory. ³Should the case go to trial the evidence presented during the hearing shall automatically be part of the evidence of the party presenting the same. duty? And whether there is a breach thereof. he¶s called the JDR he would be working as a mediator. the consititutional mandate that no person shall not be deprived 3|C IVP R OAt t y. ancillary action. Case: Republic vs Carmel Development 2002 case If there is hearing of a motion to dismiss. Lack or absence of cause of action. The intervenor in case was REPUBLIC.Today the court can deny. independent evaluator and judge. Pleading asserting the claim states no cause of action. the appellate grants the denial. the court has allowed it. Dir of land vs CA. Yes. The truth or falsity is a matter to decided by the court.
Husband and wife. 26 and 27. Collado vs Bravo. 3. Once summons has been issued the court is duty bound to issue an order for the parties to avail of Rule 24. it is a method of discovery 2. It would have suppletory application of the ordinary rules. But deposition is another story. Is availability of the proposed deponent to testify a cause that would disallow the taking of deposition? NO.doctor and patient. Can you use deposition in special proceedings? YES. Whether or not the rights of the original parites would be prejudiced because of the intervention. How to quash it? ( subpoena. a deposition shall be used for any purpose by any party. 4|C IVP R OAt t y. Able to perceive. The deposition serves a double function. make known to make another. can his presence be compelled by bench warrant? No. Because deposition taking is only a mode of discovery. Rule 21 Subpoena Two kinds: Subpoena ad specificandum ± to appear and testify Subpoena duces tecum ± to appear and bring the papers. Public officer. How bout undue duplicity? The SC said that this argument is without merit. Prior inconsistent statement 2 ways SEC 11 and 14 Rule 142 Impeach his character But what is touched on this rule is not character but prior inconsistent statement. witness fees ± transpo of witnesses (duces tecum) 1. It is privileged. Could you apply deposition pending appeal? When or how can you institute an application for the taking of deposition?or to initiate? The answer is in section one. After an answer you can file A NOTICE to take deposition. That is what you call perpetuation. Can you intervene in CA or SC? No provision. Short outline of deposition: Can the modes of discovery in civil case be used in criminal cases? YES. cannot be contempt. For what grounds can an application be disallowed or opposed? 1. It Refers to deposition pending action. a delay is not a ground to cancel a scheduled deposition. The information has been taken for the purpose of engagement with his client. Excutive privlige.Not bound thereby. Only to ignore the court and may have bench warrant. a deposition is to be used to impeach the witness. Atty and client. Not bound. it is to annoy embarrass or oppress the deponent Sec 16 AND 18 of Rule 23. Distance of witness from the court should not exceed 100km. Privilege. DEPOSITION How many rules for deposition? 23-28 29 only consequences for noncompliance. 2. What are the uses? 1. you make him your witness. It doesn¶t mean that if you take his deposition. Cited in hyatt case. Baliktad ng amendment. (moderator and administrator in an administrative case cannot issue a subpoena without a pending action) What if the witness is more than 100km from the place. No need to have a case. Non disclosure of who you voted for. writ of execution) Grounds: (ad testificandum) 1. Trade secrets. Sal va do r . Kailangan kabisado nyo to. Bench warrant ± warrant from court to compel appearance in court. Hyatt Industrial vs Ley construction 2006 case. information. Sec 1 after the court acquires jurisdiction and before answer. Absent any action.unreasonalbe Oppressive Documents requiring presentation is irrelevant No tender of cost of production No tender of kilomtrage and witness fees Books papers documents to be produced were not described. it is a method of presenting testimony No limitation other than relevancy and privileged has been placed as a limitation on the taking of deposition. Failure to tendter kilometrage. documents. what is your remedy: DEPOSITION. you can apply or file motion to take deposition. search warrant. It is not allowed. the other party applied for the taking of deposition. It is not a material or relevant fact 4. Second. no reason for you to testify. because it is merely a mode of discovery. Is a delay a reason to cancel a deposition? NO. 1.be life liberty or property applies to REPUBLIC who is an indispensible party. You would want to apply for deposition. Let us now discuss the general purpose of deposition? To be able to elicit facts through the various modes that you have. it is privileged 3. at anytime before judgment in the trial court. Secrecy of bank desposits. Only exception if indispensible party. Can you apply for (mangundadatum case) deposition even after pretrial?YES. can a subpoena be issued in a judicial proceeding? NO. So abide by juris. Buhay na ung caso. Can you apply deposition before action? YES. Can you take deposition of any matter? Bar exam: the lawyer started talking with witnesses and taking the affidavits. Still can present him as witness during trial. That the application was made in bad faith 2. 25. Rule 23 longest.
at any time as long as the case is pending. Disqualification: Financial interest Related within 6th deg to a party or counsel Lawyer related to officer __________________________________________________ ANSWER does not tender an issue ± the cause of action was admitted. if the witness is sick dead. In a proper case for judgment on the pleadings. but it may be false. sham or untruthful. the very foundation of cause of action is admitted. can it still be submitted? Yes. Phil court refused to accept it. It cannot be submitted by the applicant or any of the lawyers only the officer. after an answer. Duty of officer: put the deposition a sealed envelope. In the future. On summary judgment. Case: SC said if the taking of the deposition is before a judge. Also sick. although it falls under the exception. Case: Dulay vs Dulay brother. There is an issue. no issue. issues apparently exist. For plaintiff. On summary judgment. Steps for taking deposition Ayala vs Tagre: not the manner of taking deposition The procedure is on Sec 17 19 20 21. strict rules apply. Can the signing be waived? Yes. Meaning inadmit niya. Partner provision in criminal procedure? Is there? YES rule 115 sec 1f. The local court issued letters regotory. But using it. Indicating the name of deponent. right of the accused. naturalized American petitioned his brother and nephew. The deposition shall be shown to the deponent. Before whom deposition be taken? 1. Genuineness of the issue is a subject of summary judgment. He would review and affix his signature. OFFICERS. Court in qc to court in boston. there is no ostensible issue at all. Case:narra integrated corp vs ca The existence or appearance of ostensible issues in the pleadings on the one hand and the sham or fictitious character on the other are what distinguishes a case for summary judgment because if it summary judgment issues could be ostensible sham or fictitious. only in summary judgment. exposed to MOTION to SUPRRESS deposition in Rule 23 Sec 29. How bout commission? It is an appointment. The person is already dead. you¶ll allow the other party to examine it. only the plaintiff can file a judgment on the pleadings. unavailable. If you want to use deposition. It was ignored. Sal va do r . Outside. His lawyer applied for taking of deposition abroad in consular. a deposition has already been taken. No issues are raised at all you talk of judgment on the pleadings. Does it mean if you take deposition of a person you make his witness? NO. Meaning he is no longer available to testify in court because he is already dead. or infirmed«his testimony taken in another proceeding can be taken as long as there was opportunity to cross examine. Applied for writ of attachment. the court will render judgment only on the pleadings. it remains to be a valid deposition. where the action is taking. but it is still an issue. Even in a criminal case.if parties agreed. What rule to follow in the taking of deposition? The rules in the foreign country. Is it a hearsay? Yes. They went to a notary public in new York for deposition taking.The deposition could also be used if the deponent is dead. A motion must be filed by the plaintiff. Issue ± it is a disputed fact If not disputed.complaint and answer. Whether in quasi judicial or administrative. The court however accepted it. if the reason for the refusal is stated. It is a rule to be strictly followed: if not. you can go outside of the pleadings. This is Compare with summary judgment CASE: whether or not the issues raised in the answer are genuine is not the crux of the motion on judgment on the pleadings. domestic Any judge Notary public Any officer authorized to administer oath if stipulated on by the parties 2 foreign Consul Vice consul Secretary of Legation Di pwede ambassador because political Letters regotory or commission Dulay vs Dulay : Definition: letter regotory is a communication from one judicial authority to another. On the judgment on the pleadings it is that no issues are raised at all. that would lead to judgment on the pleadings. it would be best to take through consul. You have to take authentication by the consul. the strict rules need not apply. If refuses. This is not the ratio however. On summary judgment. Rule 130 SEC 47. For defendant. In court. The local court appoints someone abroad. The rules of the Philippines shall apply. On judgment on the pleadings. who shall file it? It can be filed by plaintiff or defendant..ect. The ideal situation is to bring into the court scrutiny because he had personal knowledge If the witness is more than hundred km where the hearing is to be conducted. 5|C IVP R OAt t y. unavailable. the court gives some level of respect to the procedure. present it in court. Was there valid deposition? Sc said the need to go to a notary public was brought about by the fact that letters regotory was ignored. On judgment on the pleadings. What is important is the opportunity to cross examine. If the witness refuses to sign. It is the duty of the officer to take deposition and under stenographic notes by clerk.
Only final judgment could be subject of execution. when an appellate court promulgates. material and relevant 2. it is always a complete judgment. The due date was left blank. errors of fact or irregularities in the proceeding which would prejudice rights of the accused 2. must render judgment only when he has authority. errors of fact or law which requires no further proceedings Motion for new trial grounds: 1. he cannot anymore render judgment. In civil cases. fraud accident mistake excusable negligence 2. go back to the ³answer does not tender an issue: judgment on the pleadings´ Summary judgment ± there is no genuine issue as to a material fact Except as to the amount of damage Case: the judge directed judgment on the pleadings motu proprio. on execution pending appeal. Is he correct? Answer: No. Why is a judgment so important? Because it would be basis of execution. there is no promulgation of judgment. Plaintiff filed judgment on the pleadings. change outcome of the case Same requisite for crim: Rule 121 grounds for a motion for new trial No fame! 1. The accused will have to be present for the reading of the judgment. only the dispositive portion. Typographical errors/clerical 2. non pro tunc/does not speak the truth 3. the award is excessive Sa crimpro: rule 121 1. Hindi ung buong decision. not available during trial despite exercise of diligence 3. That is the rule. Because of failure to pay on the believed due date. Answer. Can a final judgment not attaining finality be subject of execution? Yes. Rules on entry of judgment is the same with mtc and higher.The judgment can only be prompted by the plaintiff. Except for: 1. However is there an exception? Yes. (decisions are served Sec9 they are not promulgated in a strict sense because it has a definition in law) Promulgation is limited to criminal cases. If he was appointed to a higher position. I filed a recovery for the amount. the judgment is not supported by evidence 3. newly discovered evidence 6|C IVP R OAt t y. Can an interlocutory order be a basis of an appeal? NO. Only final judgment are appealed. A period of 15 days. the clerk of court promulgates. A judgment once becomes final and executor is subject of execution. The judgment would be reproduced on entry of judgment. separate judgment is on CLAIMS. It will be served either by personal service or registered mail. Wag gagamitin ung 26 para sa crim. Whether or not it is due and demandable. Sal va do r . What if the judge who rendered the judgment was not the judge who heard the case? Can there be a valid judgment? Yes. Motion for New Trial 3. The judge cannot. There is an issue. Paano sa CA and SC? Are judgments promulgated? No.this is entry of judgment. It says that the division in such and such a date renders a decision attaching the decision.null and void There is a separate provision on judgment in rule 120 in crimpro. you have a remedy. judgment is contrary to law 2. If in doubt. What is the rule when it comes to judgment that had attained finality? Judgment once executory as a rule is immutable and unalterable. Rule 26 Judgment Case: A final judgment vs interlocutory order A final judgment is one that finally disposes of the cases. There is no requirement that they be the same although it is ideal. General rule: Execution must conform to the dispositive portion of the decision. Motion for reconsideration 2. Execution must conform with the dispositive portion of the decision. you still have a remedy. although it is correct to say that they are promulgated. It would be recorded only when the period to appeal has already lapsed. yes may utang ako pero d pa due and demandable. Un lang dispositive. Remedies for an adverse judgment During the reglementary period. Y evidenced by a promissory note without the due date specified. Promulgation would be part of judgment which is diff with criminal. Appeal What is an mr? memorize the grounds: 1. Several judgment refers to parties. Several judgment vs separate judgment. there can be partial or complete judgment. An interlocutory does not finally disposes of the case such as an order denying a motion to dqismiss under rule 16 or granting a motion to extend time to file. and that is why it is reproduced in the book and in the writ. Held.Can there be partial judgment on the pleadings? NO. The fact of it being due and demandable can be established by other evidence. Example: I extended a loan to Ms. that should be summary judgment. Rule on the dispositive portion of the decision. newly discovered evidence File this during the reglementary period Requisites for NDE: 1. In summary judgment. 1. When other parts may be resorted to in order to determine the ratio decidendi of the court. leaving nothing for the court to do just as adjudication on the merits. interlocutory order cannot be appealed Who shall render? By the judge stating the facts and the law upon which it is based. Can a judge render a decision after his retirement? No.
Can you file a second motion for new trial? YES if the ground was not available at the time of the filing of the first but if it was available it would be deemed as waived. do they have personality? Technically. How many kinds for petition for relief? 1. Using the annulment was not the proper remedy. though you were not named party. but there is nothing in the rules which grants this. In mr. you can file mnt. Mr y requested that the entire estate be adjudicated in his favor. What is remedy? Petition for relief from denial of appeal. Neypes rule apply in criminal cases? Nothing in jurisprudence. 122-125 40-45 Ordinary appeal it could be a notice of appeal or record of appeal.Remedy if appeal is denied Remedy is a motion for reconsideration. Not yet final and executory. 90 days. you were not able to file an appeal because your office was burnt. notice made by publication. Meaning that if you file an mr and it is denied you have a fresh period of 15 days. the evidence so far admitted which is not tainted will stand and will remain on record and but the new evidence will be accepted. there would be reception of new evidence. The only way to go up to the SC is a petition for review on certiorari except in crim pro in case of death. (ORDINARY APPEAL) Within how many days can a tc resolve a motion for reconsideration in a civil case? A period of 30 days. Sal va do r . petition for review on certiorari (SC) Petition for certiorari is not an appeal. subject to the discretion of the SC.Is a motion for reconsideration inconsistent with motion for new trial? Such that if you file one you cannot file the other. Annulment of Judgment Grounds: 1. therefore the judgment became final and executory.Lack of jurisdiction over the subject matter or person of the defendant Period: fraud: within 4 years : lack of jurisdiction : until barred by laches Does the law require that for you to file an annulment that you be a party in the original case? NO Can you avail this on a criminal case? NO Annulment of judgment applies only in civil cases. ordinary appeal 2. Losing of jurisdiction and perfecting appeal. You received decision on April 1 you have until april 16. However. For MNT. A stranger cannot file this. However if you were not able to file an appeal you received a decision. and within the reglementary period. life. Pinlac vs CA. Because lapse of reglementary period.and you are a party. what can you file? Not a mr because nothing to reconsider. It is the sole ground. APPEAL Background An appeal is a remedy for final judgment that has not yet attained finality. REMEDIES AFTER THE JDUGMENT becomes Final and Executory 1. Can you have a partial motion for reconsideration? YES. you have a fixed period.Extrinsic fraud 2. Petition for relief from denial of appeal ± if you were PREVENTED from filing of an appeal because of an accident. or extrinsic fraud (wag ka na magappeal). they filed a motion to set aside the judgment. SC: You have learned of it within two months. rest of the heirs learned. Can you file a motion to extend time in a motion for reconsideration? NO! ang appeal baka pwede. 7|C IVP R OAt t y. you were effectively made party. Can you file a second MR? no! prohibited. When? You can file it anytime once appeal is perfected and for as long as the appellate court has jurisdiction. Petition for relief from judgment 2. petition for review 3. reclusion perpetua. In SC and CA. What is the effect of a grant of mr? The old one is set aside and a new one is entered. If fame. Your modes of appeal are limited only to 3 basic kinds: 1. Petition for relief from judgment Grounds: FAME Period: within 6 months from entry of judgment and within 60 days from knowledge Only a PARTY to a case can file a petition for relief from judgment. It is the Fresh period rule. TC favored Y. Remedy is petition for relief from judgment. Two months from entry. d na pwede appeal. Effect of annulment of judgment. However take note of the latest ruling. But you Filed an appeal on april 18. mistake. 2. 3 years? Oo for as long as the CA has jurisdiction. Do you have a mnt in the SC? NO! But in its exercise of its equity. Do you have a mnt in the CA? YES! Only on the ground of newly discovered evidence. Because this is an ACTION IN REM. Who is a party? Case: mr x died with an estate. NO! For as long as the grounds are present. 9/10/2003. They filed an annulment because they were not parties. no. so TC denied the motion. The problem of the others is to what remedy? Petition for annulment of judgment or relief from judgment. and excusable neglect. this applies only to rule 40 and 41.
the period can only be extended if the court allows an authorized alteration. Rule40 sec 5 Record on Appeal If notice of appeal is given 15 days to file. the losing party is given 30days Record on appeal is a compilation of all the pleadings submitted by parties and orders made by the court in a sequential manner. or 300 outside of MM. How about MTC to CA. If A is the losing party. Rule 41 has already been amended. will the court continue to have jurisdiction. Even if it is a question of law from MTC you can never go directly to SC. paid the required docket fees within the proper reglementary period. A has until march 16 to file notice of appeal. and when would the court lose jurisdicitoin? After the other parties¶ period expire. does the court still have jurisdiction? Yes. of course. as to him appeal is perfected assuming he paid docket fees. if you filed an MR you have a fresh period of 15 days but cannot file an extension even for compelling reason. habeas data 8. luma yan code. Look at sec 1 if you still have subsection a. Rule 40 is civil appeals. habeas corpus 5. in record on appeal. how would it approve the record on appeal if it loses juris. You have to delete that line. appeal by record on appeal is not perfected. April 3. When is record on appeal required? In special proceedings and multiple appeals like expropriation. Next rule: for civil cases ordinary appeal is Rule 41 The RTC in the exercise of its original jurisdiction. B has until March 18 to file. If you file a record on appeal on March 15 is the appeal perfected? Not yet. What does a notice of appeal contain? Receives the decision to show timeliness . quo warranto 4. if your claim does not exceed 400 in MM. Procedure on Appeal in the RTC as appellate jurisdiction. writ of amparo 7. annulment of judgment What can you file in the RTC? 8|C IVP R OAt t y. Can you ask for extension of time to file record on appeal? NO. court will issue notice for them to give memo! It will not hear the case. Record on appeal: Your 30 would be until April 1. it can no longer act. Dec 2007. Petition for annulment of an MTC decision ± file it with the RTC Can you file a petition for annulment of judgment in SC of a decision of CA?later Appeal in terms of groupings Ordinary Appeal When? Court that rendered the judgment is the court of original jurisdiction except RTC if question of law because you have then to go to SC directly on a petition for review on certiorari. PossibleThe record has been filed and the court has not yet acted but the parties period expired. Denied mr could be appealed gave it the impression. Otherwise even if theoreticially it has juris but doesn¶t have records. deleted the line. real property assessed value does not exceed 50 in MM. prohibition 2. mandamus 3. The court has to approve the record on appeal. On March 5.It shall set aside the questioned judgment and render it null and void without prejudice to the original action being refiled in the proper court. ceritiorari 6. go back to RA 7691 ejectment cases. Sal va do r . Losing of jurisdiction When will the court lose jurisdiction? Notice of appeal: Plaintiff A receives the decision on march 1 Plaintiff B on March 3. it will review the case after both parties filed their memo. On March 8 court loses jurisdiction because he¶s the last one. he files on March 5. 20 outside of MM. Court of Appeals in its original jurisdiction: 1. as to B appeal is perfected. Perfection When is an appeal perfected? Notice of appeal: upon filing as to the appellant Both parties may file an appeal Perfected as to him on the date of his filing Record on appeal: upon approval of the court So until approved. Rule 41 Discussion in 40 applies to 41. What if B likewise filed notice of appeal? March 7 a notice of appeal. The court can issue orders during the time the court has jurisdiction and in possession of the records of the case. No! MTC go to RTC! Can be question of fact or law or mixed. There was the discussion that lead to this conclusion. Which is the court of original jurisdiction? MTC. Where can you file annulment of judgment? Petition for relief from judgment on denial of appeal ± in the court that rendered the judgment Petition for relief from judgment-in the court that rendered the judgment Petition for annulment of judgment of an RTC decision ± file in CA as an original action. So lose it on March 19. they only harmonize with the Neypes ruling. RULE IS DO NOT APPEAL THE MR but the original decision. It is to be originally filed with the CA. The court will only lose juris after the expiration of the other period to appeal. Will there be hearings trial of an appeal of an MTC decision? NO! Filing of memorandum. When will the court lose jurisdiction? Rule 41 Sec 9 the court will continue to have jurisdiction until it has possession of the record Rule 39 Sec 2 Discretionary Execution. Mode of appeal: NOTICE OF APPEAL Where will you file? In MTC! Can the period to file notice of appeal be extended? NO! By Neypes. Where do you go from its decision? In THE CA in the appellate juris.
material dates: timeliness. Same plus all the attachments. life. Citations? Without it dismissed. same procedure as to perfection. PETITION FOR REVIEW Rule 42 Originate from the court. Do we apply hierarchy of courts when we talk of appeals? No! because the law provides the mode. There is no way kasi for the court to determine if it is authentic.mandamus. rule 44 what to file and when to file.Explanation if service is to be made by registered mail 7. go to SC. IN rtc. Appellant¶s reply in 20 days. Decision of the SSS? GSIS? CAAT. Another petition for review RULE 43. contain certificate against forum shopping 3. after labor code. where can you go? No more notice of appeal.(RTC to CA) Appellee¶s brief 45 days. EXECUTION Compelling circumstances so that judgment will not be rendered illusory: Discretionary Execution/ Execution pending appeal The fact that the case is pending on appeal doesn¶t mean your entitled to it. DAR? COURT OF APPEALS CTA? Same level as the court of appeals. In civil cases. The date. because the RTC is treated like a quasi judicial agency because it handled ung dating hinhandle ng SEC. Where do you file the petition for review? In THE Court of Appeals. date when MR was filed c.. A decision of RTC in its orginial jurisdiction as a commercial court must be by petition for review in CA. You have to show compelling reason for the court to grant. Cicular of SC : From decision of RTC in its orginial jurisdiction of intracorpoarate dispute. However. Failure to comply with any of these. date decision was received. Cannot chopchop the 30 days. Dismissal of appeal in the court of appeals. Rule 65. Go to Court of appeals from a decision of a quasi-judicial agency. reclusion perpetua. Can you extend? Yes. A decision from RTC on a pure question of law. if there is compelling reason to give you longer period. Should be notarized. no other way. memorandum. As to record of appeal also same procedure. Period to file a petition for review is 15. From there go to petition for review on certiorari. you cannot appeal. How many days to file? 15 days. Certified true copy: signature plus the polsition. could it be extended? Yes. Can an appeal be withdrawn? YES. When law says final and executory.Affidavit of service 8. Rule 65. Rule 50. because decisions are final and executory. go to SC. So go to CTA en banc. Sal va do r . What to file and when to file the same. Second extension allowed?No. READ RULE 50 noncompliance will dismiss case in CA. MTC in its original jurisdiction elevated to RTC. By law. Duplicate orginial? It means it bearsthe signature of the officer. they should be served copies of the petitions for appeal. date of denial for MR 4. Petition for review is on the next level court. Petition For review on CERTIORARI Go to Supreme Court. b. CA never render decision en banc. despite the fact that they are not impleaded. On all of these appeals from 40 to 45. for maximum period of 30 days for most compelling reason and payment of fees.Attach pleadings 6. pfr on certiorari From CTA en banc. 9|C IVP R OAt t y. Also SMALL CLAIMS. and losing of jurisdiction. Can you ask for a second extension? NO! the general rule is no further extension except for the most compelling reason.Service of a copy to adverse party and court that rendered the judgment.Certified copy or duplicate orginial of the questioned order. Contents of petition for review. Did not file notice within the reglementary period? Dismissed Filed appellants brief without assignment of error? Dismissed Did not pay docket fees? Dismissed. Petition for review is from RTC to CA in tis appellate jurisdiction. From decision of CA go to SC on pure question of law From sandiganbayan. it should be verified 2. Notice of appeal is always on the court that rendered the judgment. Can you ask for extension? Yes. you can extend. Only apply hierarchy on concurrent jurisdiction: prohibition. you cannot appeal. do you need to implead the court that rendered the judgment? NO! only implead the court in a rule 65. SupremeCourt Rule.. so Rule 65. dismissal The community tax certificate is no longer accepted. The only way to go up to the SC is through peititon for review on certiorari except death. In the CA in its appellate jurisdiction. unless for most compelling reason. EVERYTHING MUST BE OF CERTIFIED TRUE COPY. You didn¶t file an appellant¶s brief what is the effect? Appeal dismissed. This can be extended upon filing a motion to extension of time within the reglementary period and payment of fees. NLRC to CA? NO! NLRC Rule 65 May cases SAINT MARTIN FUNERAL HOMES.File notice of appeal. decisions of the NLRC would become final and execuory. The quasi judicial agencies are not part of the judicial department. The difference is the RTC as an appellate court and CA as an appellate court. Contents of a petition 1. This portion is still ordinary. a. Accepted are government id. So there is no speedy remedy. 5. file appellant¶s brief in the CA within 45 days. For as long as you filed and paid.
Sec 47 refers to effect of judgment. sheriff imposed 12%. Philippine airlines case. What if it was elevated? You can apply in the appellate court if it has already juris. In cases of money judgment. there should first be a demand for payment. 30 days is not the life of the writ. Can you apply discreitionary execution in the trial court? Yes as long as it has juris and records. Judge issued writ without motion. If no MR was filed and there was a motion execution pending appeal already. Execution pending appeal: Does not require full blown trial type hearing. Cagayan de OroVs CA 1999 case. 10 | C I V P R O A t t y . Which will the court entertain? MR first! Motin for execution pending appeal must be held in abeyance until mr is resolved. The life of the writ. sale is void and purchaser acquires no title over the property. you cannot file a motion. Since it was not filed prior to the execution sale.Do you need a bond? You don¶t need a bond to apply for discretionary execution. They can issue the writ. It could be delegated to the clerk of court may issue. you can file it in the court that rendered the original judgment. canmotion for execution be filed in the appellate court? Yes. is merely ministerial. No mention of decision of interest. SC: Court cannot issue the writ of execution motu propio. can file independent action within 10 years from entry of revived judgment. precludes a relitigation of a particular fact or issue in another action: PRECLUSION OF ISSUE Contract between A and B to build NAIA 3.druing the period which the judgment may be enforced by motion. Real property: REGISTER OF DEEDS Personal: tao mismo Shares of stock: corporation A lawful levy is indispensible to a valid sale. But can the court pass upon the validity of contract with Naia? No more because of resjudicata. 5/4/2006 case. For good just cause and interest of justice. Any contract as to the constructionof Naia is res judicata. But you can file an independent action within ten years from the entry of judgment. Will it be possible Napocor case. you can file again motion for execution within 5 years from the entry of judgment of the revived judgment. If the court of appeals has original jurisdiction who will issue the writ? E di Court of appeals. attaching the copy of decision of the appellatecourt. Is this correct? NO! it cannot be subject of an independent action.make report and inventory. Do you apply res judicata in execution? YES rule 39 Sec 47 abc. Mina vs Bianzon March 23. then levy was not effected. you cannot levy. The execution is void. When is execution a matter of right? On motion after expiration of right of appeal. Intervals of 30 days. Levy would depend on the nature of property. Who has duty? Sheriff Period to make report? Sec 14 rule 39 Period of 30 days. Can you have an independent action for damages based on the implementation of a writ of execution. At the outset it is well to distinguish the issuance of the writ from the awarding thereof. S a l v a d o r . The lifetime of the writ. If again unable to file motion. How bout if the subcontractors sued A? can they sue A? yes. Barrette vs CA: doctrine of res jduicta has 2 aspects: 1. This is void. The grant is judicial. 2007. Writ of execution in connection with ejectment cases?where? In the court that rendered the original juris ± eh di sa mtc. Bajet vs Bakiling 2000case. The sheriff cannot go beyond the dispositive portion. The issuance of the writ. Prescriptive period of a judgment. where would you file? Should file it in the court that rendered the orginial judgment. Maceda case. Every 30 unitl full satisfaction of the writ. A lawful levy on an execution is an indispensible to a valid sale. After the lapse. The lifetime of the writ is five years and you can enforce a judgment by motion within a period of 5 years from entry of judgment. In case of appeal. Unless preceded. TC said contract valid. Sheriff has an administrative function only. Corpuz case. Collado vs Heirs of Cleofante Nov 23. Sec6 Revival of judgment to an independent action. Clerk of court is the ex officio sheriff. Levy should be made on the register of deeds wehre the property is located if real property. After you were able to revive the judgment by independent action. Case: 2/2007 Nepumoceno. Making reports after execution. Sec 1 of Rule 39 Solidbank vs Court of Appeals. There should be a motion. This is res judicata. the writ shall be issued by the original court. EXCEPTIOn: when the RTC grants execution pending appeal in ejectment case. However. Nothing in the law that requires bond only reasons. 2004. Ten years is from the Civil Code. A bond is required in sec 3 to stay execution. In cases of a final and exectory judgment. The order is execution and it devolves upon the judge to order. File MOTION FOR Execution. Unless there is a demand. Sec 14 Rule 35. B instiuted action to nullify the contract. Any claim for damages brought about by the implementation of the execution shall be raised only in the same action. Function ordering the execution of judgment is judiciary. that discretionary execution will become mooted and execution will become a matter of right because no mr was filed. Issuance of the writ vs the awarding. the act. bar to a further prosecutin of same claim 2. 5 years. Losing party filed a mr the other party filed a motion for execution pending appeal.
so must be in the same action. Take note that obligor is given a choice to choose what property he wants to be executed on. a certified true copy of the judgment should be attached. What is the effect of the serive of affidavit of the third party claimant? Execution will be suspended. if there is a motion. You could pursue an action against executor or administrator if it involves property of the deceased. Can the sheriff continue? Yes only if obligee will post a bond in favor of third party claimant. for money judgment. special judgments. interest or lien on real or personal property. Sec 6 covers revival of judgment upon an independent action. Have judgment revived in your own name. Refuse to execute deed of sale. How to execute? Money judgment: provision section 9 will apply Outline of section 9 If the judgment is for sums of money. Once an appeal is perfected you can¶t anymore file an execution pending appeal in the trial court because juris has been lost. she is not a stranger. Deal with spouses. Sec 10 Specific acts Before I discuss section 10 let me touch on the question of contempt. Therefore he can execute. Thereafter if there is sufficient funds. the judgment obligor will have to pay money or certified bank checks. to whom payment made? Oblige or in his absence.receivership and support.Can he be placed in contempt?No. What if there is already a levy? Can execution proceed even if judgment obligor dies? Yes. it is not exempted. MEMORIZE. Co case: Effect of execution pending appeal. He will take place the judgment obligee. Sec 9 10 and 11. It is purely personal. If exclusive property. Is a writ of execution sufficient to demolish improvement over the premises? No! a demolition order should always be based on special order of the court after notice and hearing. Judgment obligee can vindicate his right in same action or separate action. The third partyclaimant will serve an affidavit to the sheriff likewise copy to obligee. The purchaser who is not the judgment obligee will file motion for revival of judgment in his own name. But most common is bank deposit. Basta pera. Recover possession/transfer of property. if he refuses to act. levy on personal property. this covers an instance where judgment obligor requires to perform an act like you execute a sale. Sec 10 special or specific acts. estate. it can be subject to a foreclosure. First act of the court is to issue an order of garnishment requiring the recipient to inform the court if he has sufficient funds if not. Injunction. The third one is sec 11. It is the duty of the sheriff to execute. can execute against executor and administrator if there is right or interest over real and personal property. There are two kinds of notice: 11 | C I V P R O A t t y . Only substitute if case is pending or on appeal. It covers defacing and removal of notice of sale.. The creditor ran after him. Second option: levy on personal or real property. Notices. Can you still appeal? Yes. Someone claimed to have a better interest. If he doesn¶t make a choice. Once judgment oblige dies: execution can take place obligor dies: can take place. Rule 86. representatives. Galit si misis. however it will not stay execution. She filed a separate action and believed she is a third party claimant. GARNISHMENT. Can you file a motion for discretionary execution in the appellate court? YES. 3. If the judgment obligor refuses to pay money but you know that he has. acts of negligence of the deceased that resulted to damages and all other actions that survived. What can you do? 1. His property was executed on. Are there judgments which are executory? Yes. Promissory note? No.court can consider it as performed. Sec34 will apply in case of auction sale and the purchaser was unable to take possession of the thing. When you garnish it is not limited to bank deposits it extends to royalties. that which gave you the title. Walang sale kung walang notice. In case of death during the time judgment was final and executor. Absent both. file recovery in same action by motion 2.Sec 34 how bout this section? Also captions revival of judgment. Does it mean that if there is a levy. the court can ask someone else to perform if none. Who is a third party claimant? A third party claimant is a stranger to the action. In amount not exceeding 5000 php. must pursue it in an independent action. S a l v a d o r . You can still levy or garnish. He is an officer of the corporation and he made a personal surety over the loan of his company. or in separate action 3. Remember that in all those exempted mortgaged. A third party could vindicate his right in a separate action. IF MONEY. PDC? Di pwede. Is she a stranger? If it¶s a conjugal or community property. A lien can always be subject to a preference in time. proceed against estate not to executor or administrator.Subject of the execution is claimed by someoneelse. Unfortunately corp was not able to pay. Remember this. THIRD PARTY CLAIM It is a judgment oblige who wants to execute but it is not he who will execute it is the sheriff. such that the court requires you. the oblige can appropriate to himself? NO! there should always be an auction sale. he cannot be held in contempt because there are other options made available by the law. the court will order the release of the funds in which case the payment will be sent to judgment obligee. annuities commission. This time you can be cited for contempt. the court will be informed also. PUNITIVE DAMAGES Only found in Sec17.accounting. sale shall proceed. This is not the same. payment delivered to sheriff who will deliver it to the clerk of court and deposit it to the account of the court. An attachment cannot be erased by an auction sale. personal first. Properties exempt from execution. Only you can perform. sec 7 will apply HUWAG MO isubstitute.
But he should participate in the sale. Obligee will expose him to contempt. Meaning payment will be directed to obligee or court or directly to sheriff. If you discovered that obligor and interest over property asmortagaor.endorsement that it ahs been satisfied on the face of the records of the case.refusal of oblige to sell. But for puposes of filing fees. Court can appoint a receiver for the preservation of property. obligee seek court for it to be sold within 120 days from order. If the writ ofexeuction is returned for whatever reason. Notice to the public: Perishable goods. Who will be in possession during the redemption period? Th ejudgment obligor will keep in possession.it is not so. Oa: there should be cause of action Foreign: no need. Because not capable of pecuniary estimation. relationship. They can require attendance of them through subpoena. if after investigation the court is convinced.apply recongintion in rtc. Oa: need to litigate and hear Foreign: no need to relitigate because foreing court already litigated 12 | C I V P R O A t t y . Personal property ± not more than 5 days Real property ± 20 days and if the assessed value exceeds 50. S a l v a d o r . If not capable of manual delivery. cannot appropriate. it is satisfied. If the court is convinced even without consent that the judgment has been satisfied. What are remedies in cases of difficulty of satisfying your judgment? Sec35 to 43 1. Effect of foreign judgment: conclusive as to tiltle of the thing prima facieasto parites and successors in interest. Do not enforce arbitral award. no more redemptions allowed. Section 28 is very clear that one year is for obligor and redemptioneers.. written acknowledgment by party or counsel that it has been satisfied 3. After lapse of redemption period. owner thereof specified in certificate of sale. If a purchaser is the oblige and his bid is less than award. What is the redemption period? Sec 28 Who can redeem? Judgment obligor and redemptioneers those who have an interest. a foreing arbitral award is not a judgment. There is a notationon the face duly signed by lawyer or party that judgment has been fully satisfied. You discovered that some properties are In name of third parties who denies that obligor owns it. An ordinary action vs action for enforcement of foregin judgment. contest it?yes also in arbitral awardsl on ground of faud. but only prima faciie as to death if probate or letters of administration. lien or even creditors What is the period? One year. the court can examine the judgment obligor Can he be sobpena? Yes.000 there should be publication of a newspaper of general circulation Notice to judgment obligor: 3 days before sale except with perishable goods Certificate of sale Do you need a certificate of sale of personal property capable of manual delivery? No. Satisfaction of judgment 44 and 45. because he has to sell it within 120 days. who will be entitled to profits and rents? Judgment obligor. Mijares case. no need to pay. Iba ang execution sa foreclosure sale. it is satisfied. If obligor redeems. status. but yes if requested..satisfactionwith consent : endorsement and written acknowledgment Without consent: there are times that the oblige refuses to admit that it has been satisfied.mistake of fact . there would be a consolidation in name of purchaser.Notice to the public and notice to the judgment obligor.collusion. land area.the court has the power even if without consent if it is convinced.3 places ok na un. Pwede ba installment? Yes. you can ask court to sell the property on public auction. What im discussing right now applies only to execution. required! Real properties? Yes! A description. Because it can be filed during his lifetime. EFFECTS OF JUDGMENT A judgment is conclusive if it involves titile to the things. With or without consent. Can it examine obligor¶s debtor? Yes The debt will be charged. notice. 2.filing is fixed amount. It will enter satisfaction of judgment. Can the judgment obligor during the redemption period change the nature of the property? No. Section 1 very categorical. If the writ of execution is returned to the court.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.