JURISDICTION

- The matter of special jurisdiction is only an exercise of jurisdiction

- Conferred by law
- Only SC has the authority and power to assign the courts which will have special jurisdiction
- There should always be a law conferring a jurisdiction

Continuing Jurisdiction
- Always remember the writ of continuing mandamus
- In writ of CM, while there’s already a final and executory judgment, he court can still see the
status and progress report or performance of the government institution subject of the writ
whether they comply with the decision
- When the judgment becomes final and executory, the court has the power under the
Constitution to execute, therefore, it has to see to it that the decision of the court had been
satisfied and performed

Residual Jurisdiction
- Court rendered final judgment, losing party filed notice of appeal and is perfected, then records
would have to be elevated to the next level court, the court should refrain from acting on the
case.
- However, since the records of the case have not yet forwarded to the next level court, court
may act on matters of compromise, execution pending appeal, on application as an indigent, or
any order to protect the rights of the parties.

MTC
 Original Jurisdiction
o Does not exceed 300K – outside MM
400K – within MM
o Involing title to, or possession of real property or any interest therein
-does not exceed 20K – outside MM
50K – within MM

RTC
 Original Jurisdiction
o Exceeds 300K – outside MM
400K – within MM
o Incapable of pecuniary estimation – if amount can’t be ascertained
o Title to or possession of real property or any interest therein
>Exceeds 20K – outside MM
50K – within MM
 Appellate Jurisdiction – decisions of MTC under notice of or record on appeal

CA
 Original Jurisdiction and Concurrent Jurisdiction
o cpm, qw, habeas corpus, writ of habeas data/amparo/kalikasan/continuing mandamus
**Doctrine of Hierarchy of Courts – important only when talking about concurrent jurisdiction
 Original Jurisdiction
 o Annulment of Judgment
 Appellate Jurisdiction
o Petition for review from RTC

SC
 Original Jurisdiction
o cpm, qw
o disciplinary action against member of the bench and bar
 Appellate Jurisdiction
o GR: petition for review on certiorari R45 – the only way to go up to SC. Pure questions of
law
o EXC: procedure of appeal to SC if necessary will not be R45 when the penalty is death,
life imprisonment or reclusion perpetua

If you relied on good faith on the assessment of COC, case should not be dismissed. COC must make a
subsequent assessment so that plaintiff could now pay the right amount. There should be no fraud.

No need to pay filing fee for compulsory counterclaim. Need to pay filing fee for permissive
counterclaim.

Lien on the judgment award

- Indigent
- Even if not provided in the information, it will be a lien on the judgment award

Writ of amparo/kalikasan/continuing mandamus – exempt from payment of filing fees

Incapable of pecuniary estimation – amount can’t be ascertained

- Filing fee is a fixed amount
- Example: specific performance, rescission

Indigent party
- Income does not exceed the double the monthly minimum wage and does not own real
property with FMV exceeding 300K

Non-payment of filing fee – lack of jurisdiction

Summons must be issued by COC within 5 days from assignment of the case to the judge. When issued,
it will be effective until recalled by the court.

Lack of jurisdiction over the person of the defendant

- Cannot use as ground for motion to dismiss but can file as part of affirmative defense in your
answer

Writ of kalikasan
- Applies to that which prejudice life, health and property of inhabitants in 2 or more cities and
provinces
- Basta may writ, may return (in the nature of an answer)
Real or personal action – it’s about venue
Action in personam, in rem, quasi in rem pertains to the effect of judgment as against persons.

In rem – against the whole world

Quasi in rem – affects the rest of the world but it has a designated offender.
Example: action involving personal status of the plaintiff

CIVIL ACTION
- Is a suit for the enforcement or protection of a right or prevention or redress of a wrong
- Every ordinary action should have cause of action
- There is cause of action when someone violates the rights of the others

Commencement of civil action – filing of the complaint and paying docket fees

**You don’t need a notice of hearing anymore today. Only the court, subject to its dicretion can call for
hearing of a litigious motion.
**Attended PT but did not submit PTB – you’re considered to be absent
-on the part of plaintiff – case may be dismissed
-defendant – plaintiff will be allowed to present evidence ex parte without defendant’s
participation

Failure to state a cause of action

- It means that looking at the material allegations of the complaint, the court can’t render a
judgment, regardless of whether the allegations are true of not
- No longer a ground for motion to dismiss but can be an affirmative defense on the answer
- You don’t have to go thru the evidence

Lack or absence of cause of action

- You’re talking of lack of evidence
- File demurrer to evidence
- You’ll have to go thru the presentation of evidence

Sufficiency of cause of action

- Court can already render judgment based on the minimum material allegations in the complaint
regardless of falsity of truthfulness

If cause of action is not yet repined into one, there’s no reason to proceed with the case. A complaint
whose cause of action has not yet accrued can’t be cured by an amendment or a supplemental pleading
alleging the existence or accrual of a cause of action.

Splitting cause of action

- Same case, same claim
- Results to pendency of one or the judgment on the other will result to the dismissal of the case
- May be res judicata or litis pendentia
- Not an affirmative defense

Litis pendentia
 - Similar or substantially similar parties, issues or reliefs and both actions are pending

Res judicata
- Same parties, issues, reliefs, both cases pending, judgment in one case
- Although the cases don’t have similar parties, if by the decision on one case it will already
foreclose any resolution of that issue, that’s already res judicata and the other cases cannot
proceed anymore

Filing of multiple cases based on the same cause of action but with different prayers
- Known as splitting cause of action
- Can be a cause for dismissal of a case whether under litis pendentia or res judicata

“one suit for a single cause of action”

- Isang bawat kaso, atleast may isa kang cause of cation. And bawal ang ang splitting causes of
action, yung may isa kang cause of action at madaming kasi.

Joinder causes of action is only permissive

- Option ng nagpafile ng kaso
- Kapag one defendant kahit different transactions, can join or file one suit

Permissive joinder of parties

- Arise from same transaction or series of transactions, jointly, severally or in the alternative

Class suit
- Common and general interest but they’re so numerous and impractical to bring the, in court
- No dismissal by the plaintiff without approval of the court
- No compromise without approval of the court
- You can’t join those covered by different rules
- Recover rent  no issue of possession – you can do small claims if the amount does not exceed
400k

Real party in interest

- Stands benefitted or affected by the judgment
- Private suits

Not a real party in interest – an affirmative defense on the ground of failure to state cause of action

Locus standi – against government

PARTIES:
1. Person
- Must have legal capacity (of legal age)
- Minor (assisted)
- Incapacitated (assisted)
- Married
o GR: should be suing as spouses, jointly
 When suing married couples, service of summons must be made upon them
individually
 o EXC:
 If it involves practice of their respective profession
 Involves exclusive property of one spouse or judicial separation of property
 Acts of negligence of one spouse
- Prisoner (warden who has duty to serve upon prisoner)

Pending ang case, the person dies – case survives

- in an action for claim of sum if money, if the defendant dies (sec. 20 will apply)
- if plaintiff dies (sec. 16 applies)

a.
 Sec. 16 – any party
- Substitution is not jurisdictional but only to satisfy the requirement of due process
- Lawyer’s duty
o notice of death to the court with 30 days from the fact of death
o has to name legal representative (heirs decide)
- action of the court
o notice requiring the substitute to appear
o order of substitution
o the one named did not appear or no one was named, court may designate the
other party (yung kalaban) to name a substitution but only limited to the
executor or administrator
- 3 parties, 1 died, 2 others have separate interest in connection with litigation of the 1
died, case continued but there was none who substituted for the 1 who died.
o null and void as to interest of the deceased

 Sec 20 (defendant who dies)

- Nature of action (sum of money)
- No substitution
- Will not be dismissed
- Continue against the estate

b. Substitution of public officer (resigned / died / ceased to hold office)

- before the court will act on it, it should appear that the successor adopts or
threatens to adopt the act of predecessor
- when shown, court will give successor notice and opportunity to be heard

c. Transfer of interest
- if transfer of interest was not known by court during the lifetime of deceased sec. 16 will
apply

2. Juridical person – it should have legal capacity

- legal capacity must be indicated or alleged
- Domestic – contend how summons be served
 o President, general manager, managing partner, corporate secretary, in-house
counsel whereever they may be found
o summons can be served upon their secretaries
- Foreign – if defendant, he is transacting and doing business according to our laws and
therefore it has resident agent in the Philippines

3. Entities authorized by law

4. Non – juridical entities
- cannot sue but can be sued
- cannot sue as juridical entity as known by the public but can sue individually

Necessary Party
- Impleaded to have a final determination of the case

Indispensable Party
- Impleaded to have a final determination

When court orders that a necessary party be impleaded and he was not impleaded, there’s a
waiver on your claim against the non-impleaded necessary party.

Failure to implead an indispensable party when there is intrinsic fraud – a ground for
annulment of judgement or lack of jurisdiction over the person of an indispensable party that
would lead to annulment of judgement

VENUE
- Sales invoice cannot be a basis of venue stipulation even if there are words of exclusivity
- If there’s an agreement by the parties on the matter of venue, the agreement must be
followed kahit real action pa yan

Summary Procedure and Small Claims

Summary Procedure
Jurisdiction: Not exceeding 200k – within MM
Not exceeding 100k – without MM
Small Claims
Jurisdiction: Not exceeding 400k – within MM
Not exceeding 300k – without MM
- bawal abogado, EXC. if party or representing a relative
- contract of lease
- contract of loan
- contract of sale recovery or money owed exclusive of interest/cost
- contract of services
- contract of mortgage
- liquidated damages (no need for lawyer)
 - enforcement of barangay settlement agreement or arbitration award involving money
claim under LGC (no need for lawyer)

*****Ordinary Procedure and Small claims action Flow Chart (attach pages 5 and 6)

Prohibited pleadings in Summary Procedure are the same with those of Small Claims
- walang Motion to Dismiss
- prohibition, certiorari, mandamus, motion to dismiss (exc. lack of jurisdiction on subject
matter); motion to declare in default; extension of time; postponement without
meritorious reasons

NOW: not only is that limited to ultimate facts, it also requires that we have to include the
evidence relied upon by the parties

NOW: if you file your complaint or answer dapat may Judicial Affidavit ka of your witnesses;
documentary or object evidence should already be attached to the complaint; summary of
witness’ statements intended to be presented and whose JA should be attached
- Only witnesses whose JA had been attached to the pleading are allowed to be presented
during trial. If not attached, you will not be able to present other witness during trial
EXC. when parties present meritorious reasons.

A counterclaim that was inadvertently not raised or omitted or by reason of oversight may not
have been included can be subject of an amendment.
- should be with leave of court

Negative defense – specific denial of the material facts essential to the plaintiffs cause of action

Affirmative defense – the basic material allegations are admitted that which gives rise to the
cause of actions admitted
- though materially admitting the hypothetical admissions of the complaint, it would
nevertheless prevent or bar recovery

There is no requirement of a reply today

- if there are new matters alleged in answer, you can file an amended or supplemental
complain to meet the new matters
- can only file a reply of the answer raised an actionable document against you

Actionable document – basis of claim or defense

- allege the substance or exact provision and attach copy of the original
How to deny actionable document:
Specifically deny it under oath (could be under verification or affidavit)

3rd Party complaint – must be with leave of court

 - 30 days after the grant of leave of court, you must serve 3rd party defendant summons;
otherwise, file separate action

AFFIRMATIVE DEFENSES
A. Covered by R6(5)b
- Fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel,
former recovery
- No jurisdiction over subj matter (no need for hearing)
- Res judicata, litis pendentia

B. R8(12)
- Lack of jurisdiction over person of defendant
- Improper venue
- Lack of legal capacity to sue
- Failure to comply with condition precedent
- Pleading asserts no cause of action

A  1st par. – court may entertain summary hearing within 15 calendar days from filing answer
of an answer. After termination of hearing, judge will have to resolve within 30 days.
B  No summary hearing; the court within 30 days (from filing) will have to motu proprio
resolved the affirmative defense

- It is already a prohibited pleading to file a motion for preliminary hearing of affirmative

defense. Court has duty to act immediately.
- If affirmative defenses are denied, you have to proceed with pre-trial. You can’t file MR,
C, P,M.
- If granted, cannot file MR too. You cannot file MR on an affirmative defense.
o Adverse party can file appeal

How long will the judgment on small claims takes place -within 24 hrs from termination of hearing

Court Decision /Judgment; when there's reference

- authenticated copy of the judgment or decision shall be appended to the pleading

Malice, intent or any conditions of the mind can only be averred generally. However, for the court to
arrive at such conclusions, there must atleast be showing of manifest acts. But fraud and mistake should
be alleged w/ particularity.

Negative Pregnant- denial pregnant with an admission. Example: Wine drinker yan eh.
Hindi a, gusto lang yung carlo Rossi.

Memorize: The signature of a counsel constitutes a certificate by him/her that he/she has read the
pleading and document; that to the best of his/ her knowledge, information, and belief formed after an
inquiry reasonable under the circumstances:
 1. it is not being presented for any improper purpose, such as to harass, cause unnecessary delay,
or needlessly increase the cost of litigation
2. claims, defenses, and other legal contentions are warranted by existing law or jurisprudence, or
by non-frivolous argument for extending, modifying, or reversing existing jurisprudence
3. factual contentions have evidentiary support or, if specifically, so identified, will likely have
evidentiary support after availment of the modes of discovery under these rules
4. denials of factual contentions are warranted on the evidence or if specifically, so identified, are
reasonably based on belief or a lack of information
General Denial= Admission

Consequences on violation of R7 S3b:

1. Motu proprio or upon motion of party, may impose appropriate sanctions after notice and rearing
2. You could be referred to IBP for disciplinary action
3. You can be sanctioned by the Court -the lawyer cannot pass to the client monetary sanctions

VERIFICATION- not a jurisdictional requirement

-matter of form that can be subject of amendment
-you can only verify those required by law to be verified

GR: complaint need not be verified

Examples: -all pleadings in an action for ejectment
-cases involving intra corporate disputes
-when you file complaint with an application for preliminary injunction
-application for attachment together with the complaint
-receivership, replevin, support pendente lite as part of an initiatory pleading
-pet. for review (R 42)
-pet. for review from decision of quasi-judicial agency (R43)
-pet for review on certiorari (R45)
-special civil action of c, p, m, qw

Absence of Certificate of Non-Forum Shopping

-case will be dismissed
-dismissal is with prejudice and you could refile this

Verification- it is the client who signs this

Content:
1. state that allegations are true and correct and based on his/ her personal knowledge or
authentic records
2. that pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of
litigation
3. that factual allegations therein have evidentiary support or, if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity for discovery
*these 3 must also be stated on the SPA or authorization given to person authorized to represent
the affiant
Certificate on NFS
Content:
1. that there are no other cases involving the same facts/ issues
2. should you learn that there are cases, you commit to inform the court w/ in 5days from
knowledge
3. You have to inform the court of the update if there is.

Effect if CNFS is FALSE

-case shall be dismissed without prejudice to the corresponding administrative and criminal actions
against lawyer and the party because this is under oath
- be held liable for indirect contempt
-most recent case be dismissed

Effect of Non- compliance

- administrative and criminal action
- indirect contempt
- dismissal

Willful and Deliberate forum shopping

-both cases will be dismissed
-ground for summary dismissal with prejudice
-administratively liable
-direct contempt

-all initiatory pleadings, appeals, petition for relief on judgment, requires CNFS
-CNFS not needed for Motions
-The primary person who is to sign the CNFS should be the party bec. personal knowledge is required on
the person who executed the same.
-CNFS signed by counsel is a defective certification that is equivalent to non-compliance of the
requirement and constitute a valid cause for the dismissal.
-If you sign for your client there must be an explanation why there is failure to sign

1. objections or defenses not raised in the answer are considered as waived.

EXC. Litis pendentia, res judicata, statutes of limitation, subj. matter jurisdiction
2. if you fail to raise that compulsory counterclaim that amounts to waiver. Must be incorporated w/ the
answer.

Remedy: Amendment w/ leave of Court

- if counter claim inadvertently not included or it was omitted

Failure to Plead an Answer

-period to file answer: 30 days from receipt of summons
-intervention: 15 days
-Extension of answer for valid/good cause: 30 day max! extension
** No other extensions are allowed under the New Rules.

To declare someone in default:

 1. you will file a motion to declare in default
2. give notice to the adverse party
3. establish in the motion the proof of such failure to file answer

proof of failure to file answer

-a question of fact

Can the court can now render judgment?

-Yes. The court has an option to render judgment based on what the pleading may warrant or says.
But the court has also discretion to allow the plaintiff to present evidence ex parte.

Consequence when declared in default:

-only entitled to notice but cannot participate in the proceedings.
Remedy: Motion to lift an order of Default
-it must be under oath
-state reasons why should the court lift the order: fraud, accident, mistake, excusable
neglect

Extrinsic Fraud- fraud that prevented the party in participating in the proceedings by the adverse party.
-fault of the adverse party
-fraud not alleged in the pleading

Excusable Neglect- cannot be avoided by ordinary negligence

-negligence of the lawyer binds the client
-mistake of lawyer binds the client

Effect of absence of defendant will consider him in default: Plaintiff be allowed to present evidence ex
parte

Remedy of defendant: File MR on the ground of fraud, accident, mistake or excusable neglect.
Accompanied by affid. under oath to show that your grounds are not fabricated.

Partial Default- defendants w/ common cause of action.

Example: 3 defendants, only 1 filed an answer.
-plaintiff cannot present evid. ex parte.
-answer by answering defendant will be considered by the court, though the 2 cannot anymore
participate in the proceedings.
-court shall continue with the case, to trial, because all def. have common cause of action
-if there's no common cause of action, plaintiff can present evid. ex parte, provided the causes of action
are inseparable

General Default - presents itself in a case where there is no defendant

Example: Petition for Registration of Land
-at the hearing, when no oppositions, the party may move for motion of gen. default

Judgment- shall not exceed the amt. or be different from that which was prayed for or award
unliquidated damages
Judgment by Default- did not file motion to lift order of default, or you filed but was not considered and
the case proceeded until judgment; there is now full judgment.

Remedies:
-MNT, Appeal
-Pet. for Relief from judgment- when the judgement is already final and
executory
-Pet. for Annulment of judgment on the ground of lack of juris. or extrinsic fraud
-Pet. for Certiorari based on GAOD

Amendments
- request/app. in court to introduce matters that were already available at the time of the filing of the
pleading sought to be amended
-When you file an amended pleading, the copy of the entire pleading incorporating the amendment w/
appropriate marks should be filed together w/ your motion to amend

Amendment as a matter of right

-before a responsive pleading is filed

Amendment as a matter of form

-court motu proprio or upon motion of party
-before answer is filed

Substantive Amendment
-changes the cause of action
-should be with leave of court
-whether matter of form or substance if filed before an answer, it's a matter of right
-Reply can be amended within 10 days from its service

Amendment by leave of court

-substantial amendments may only be made upon leave of court
-EXC. in amendment as a matter of right

In amending cause of action- subj. to the discretion of court

-allowed if there's a cause of action at the onset - may cause of action na sya, papalitan mo lang
-ang BAWAL, yung wala kang cause of action, ngayon you will give life bec. of your amendment/
supplement
Such leave shall be refused on the ff. grounds:
1. intended for delay
2. to confer jurisdiction or to allow a court to have jurisdiction
3. Pleading states no cause of action from the beginning

No amendment necessary to conform to or authorize presentation of evid.

No amendment of such pleading is required before it is deemed as amended by reason of the proof of
such evidence.
Supplemental Pleading- there were transactions, events or occurrences we happened after filing of the
pleading sought to be supplemented
-adverse Party may plead w/ in 10 days from the order admitting the supplemental pleading
-if what was admitted is a supplemental COMPLAINT, there's a specific period of 20 days from notice of
order admitting supplemental complaint
-if you're referring to other pleadings after the supplemental pleading is already been admitted, then
you have 10 days, unless the court says otherwise.

Effect of amended pleading- it supersedes the previous pleading

-Admissions in the previous pleading can be taken against the pleader during cross- examination
-If there is an amended pleading, claims and defenses we are no longer reiterated are considered as
waived.

Period to file:
1. Answer- 30 days after service of summons
-defendant is a foreign private juridical entity and the summons was served upon a gov't official
designated by law to receive it -60 days after receipt of summons answer
-if pleading is amended as a matter of right-30 days

>answer if pleading is amended as a matter of discretion -15 days

>answer to counterclaim-20 days from service
>answer to third-party complaint-30 days
>answer to supplemental complaint -20 days from notice of order admitting

2. Reply -15 days from service of pleading responded to

*counterclaim/ cross claim is only available after answer has been filed
-you can file a supplemental answer to incorporate the newly matured claim (cross claim w/ the
permission of the court)
*if omitted counter/cross claim- amendment

Bill of Particulars
-requested if a matter in the complaint is not alleged with definiteness and particularity
-once answer has been filed, BP cannot be filed
-court cannot motu proprio grant BP
-can be granted or denied outright by the court
-can also be heard by the judge

*Litigious Motion- motion that could prejudice the rights of the adverse party*

Motion for BP is a litigious motion and for that reason MBP shall be subject of a response under R15.
You can file a comment if you're the adverse party (Plaintiff) or an opposition w/ in 5 days. After filing
comment/opposition or the expiration of period of 5 days and no comment is filed, the court has 15
days to resolve.

> When MBP is granted, you have 10 days to comply.

Plaintiff has the ff. options:
1. File of BP; or
2. File amended pleading

Effect of Non-compliance of plaintiff

-allegations shall be stricken out
-complaint can be dismissed
-dismissal by reason of fault of plaintiff
-failure to comply w/ order of the court

>period to file responsive pleading after service of BP-30days

-filed MBP on 14th day, how many days do you have, to file answer? You have 17 days remaining bec.
14th day is not included.
*The act that caused the interruption is not included in the counting of the period-effect of
interruption*

*counting of reglementary period - include the lst; exclude the last*

Motion to Dismiss-30 days to file

-if filed on the last day, 30th day, you only have 1 monr day to file answer

-The BP forms part of the pleading subj. of the MBP

Remedies for Grant/Denial

> GRANTED -plaintiff can comply or ammend; or
- MR; if denied R65 if tainted w/ GAOD
>DENIED -defendant can opt to file answer= failure to file answer def. can be placed under default upon
motion; or
- MR
- if he feels that denial of MBP is tainted w/ GAOD can file R65

Filing- party in relation to the court

Service- parties in relation to each other

Manner of Filing
1. Personally
2. Registered Mail
3. Accredited Courier-express mail facilities (DHL, JRS, etc.)
4. Electronic mail or means- so long as it is established that the court is electronically equipped

When is pleading considered as Filed

1. personally - when endorsed, date and time of filing and it should appear in the records of the case
2. Registered Mail-date of mailing is the date of filing
3. Accredited Courier- date of mailing is the date of filing
4. Electronic mail/means- date of transmission is the date of filing so long as there is proof that it was
received on the other end
Proof of filing
1. Personal- that it appears in the record of court. If it does not appear in the record, present your
receiving copy that have an endorsement on the face, the date and time of its filing.
2. Registered mail- Registry receipt
-Affidavit of person mailing
-Return card- must be filed in court
-If ENTIRE record is returned, return card and sealed envelope must be both filled in court; but before
filing, you must get certification from the post office as to the reason of return.
3. Accredited courier- Affidavit of person mailing; official receipt; and tracking number
4. Electronic mail/means -affidavit; the pleading that was served electronically
-stamp if it was later filed in court together with the electronically filed doc.

Modes of service -EXC. Summons

1. Personal service- serve upon person himself
-to a person of sufficient age and discretion residing in its residences/there in
- by leaving copy to a person who is in charge of the office

* Substituted service - if there is proof of failure of service under the modes of service, the doc. Which
remained unserved shall now be filed in court w/ an affidavit showing the reason for such failure to
serve it.*
* if no registered mail facility in the area, you could still use ordinary mail for service, NOT FOR FILING.

2. Registered Mail
3. Accredited Courier
4. Electronic Mail/ Means, facsimile
5. as provided for in international conventions tools the Philippines is a party

Proof of service
1. a.) if received by the person being served w/ the copy- written admission
b.) Official return
c.) when there's a refusal to receive
-person serving will have to prepare an affid. as to the circumstances of the service and the reason of
such refusal by the person being served
2. Ordinary Mail-affid. by person mailing
3. Registered Mail- registry receipt, return card, affid of person mailing
4. Accredited courier- affid., official receipt, tracking number
5. Electronic Mail-affid. and proof of transmittal plus printed copy

Hague service convention

- doc. to be served is a judicial doc. and must relate only to civil or commercial matter.

Service by electronic means/ facsimile shall be made if party concerned consents

- parties must both agree or when the court directs

It is the duty of counsel to inform the court w/in 5 calendar days from the change of email address.
Completeness of service
1. personal-upon actual delivery
2. ordinary mail-upon expiration of 10 days after mailing unless the courts otherwise
provides
3. registered mail- when it is actually received or expiration of the period of 5 days
from 1st notice whichever comes first
4. accredited courier-upon actual receipt of the addressee or after atleast 2 attempts by the courier
service or upon expiration of the period of 5 days form 1st attempt whoever is earlier.
5. Electronic service - at the time of the electronic transmission of the doc.
- not effective or complete if party serving the doc. learns that it did not reach
6. Facsimile -upon receipt of the other party as indicated

Presumptive Service - pertains to a court setting

- if the hearing is w/in the judicial region, if there's a showing that there's a notice of setting released by
the court, after the lapse of 20 days from the release, from the time it is mailed, it is presumptively
served.
- if addresses is outside the judicial region, if it has been released atleast 30 calendar days, it is
considered as served.

Final judgment/resolution/decision/order - can be served personally or by registered mail

-can be served by accredited courier provided that the court will not shoulder the expenses of the
service, upon ex parte motion of the applying party

When service of summons is by publication, the final judgment shall also be served by publication at the
expense of the prevailing party
Order- may be electronically be served

Conventional service or filing of orders, pleadings and other documents:

1. Filed/ Served personally or by registered mail; electronic service/filing not allowed UNLESS expressly
provided by court:
- initiatory pleading and initial response like that of an answer
- Subpoena, protection order or writs
- pleadings or documents which are bec. of their sheer volume, it is not amenable to electronic scanning.

Confidential/sealed Documents - personally filed or filed by registered mail

Lis pendens
Notice of his Pendens
>To cause the annotation:
1. there should be an action affecting title, right to possession real prop.
2. there is a written memorandum addressed to the RD where the prop. is located describing the nature
of the action, title which you want to be subj. of lis pendens, area, particular details and the fact that
you want a notice of his pendens be a notated on the title.
- Ministerial duty of RD
- notice to the entire world that if you deal w/ this prop, this prop. is subj. to a pending litigation
- the defendant can also cause the annotation of a notice of his pendens if he files an answer with
affirmative defense touching on the title, right of possession of a real prop.
- filing of notice is a constructive notice of the pendency of action. so any person who deals w/ the
property is put on notice that if you buy this prop, it is subj. to the outcome of the case.
- If there was a prior mortgage and there was a notice of lis pendens and there was an attachment, that
which has priority in time will prevail because there was a mortgage that was ahead of the lis pendens.
- subsequent annotation of his pendens could not defeat the right of the mortgagee or the purchaser at
the auction sale who derived the rights under the prior registered mortgage bec. there is priority in time,
the mortgage was annotated ahead.

Doctrine of lis pendens does not apply to attachments, execution or proceeding for the probate of wills
or for administration of estate of deceased person.
- the real property must be directly affected

Grounds for cancellation of Notice of Lis pendens:

- cancellation requires an order of the court
1. Purpose is to molest adverse party
2. If not necessary to protect the right of the party who caused it to be recorded

Purposes:
1. to keep the property in litigation w/in the power of the court until the litigation is terminated in order
to prevent defeat of judgment
2. to announce to the whole world that a prop. is in litigation and serves as a warning that a person who
deals w/ the prop. does at his own risk

A trial court has inherent power to cancel notice of lis pendens. Nothing in the rules requires a party
seeking annotation of lis pendens to show that the land belongs to him

Annotation of lis pendens neither affects the merits of the case nor creates a right or a lien.

Summons
- within 5 calendar day from receipt of initiatory pleading, it is the duty of the court to issue the
corresponding summons.

Who can serve summons: Sheriff, his deputy or other court officer

-if there is FAILURE(not improper) of service of summons, the court may authorize the plaintiff to serve
it together w/ the sheriff.

Defendant is outside the judicial region

- plaintiff shall be authorized to serve service of summons, not together w/ the Sheriff
- authority of service of summons must reflect in a SPA
- hindi ka papabayaan na court na pumunta dun if hindi maliwanag sa court that you're acting for or in
behalf the plaintiff and that you're assisting the court.

>Plaintiff must not make representation on the service of summons. EFFECT:

1. Case will be dismissed with prejudice
2. All proceedings will be declared nullified
3. plaintiff will be meted w/ appropriate sanctions

Summons returned unserved on any or all of the defendants.

-court shall order the plaintiff to cause service of summons by other means
Effect of non-compliance by plaintiff: dismissal of case without prejudice

- Summons shall remain valid until it is duly served.

- There can only be alias summons when there is loss or destruction

Tender of Summons- by leaving the summons w/in the view and presence of defendant service of
summons upon natural persons

- spouses must be served summons individually, separately

- if minor, served upon guardian
- person incapacitated, upon his legal guardian

Service of summons on Natural persons

1. Summons served by sheriff on the person of defendant by handing it to him personally and if he
receives it, there is proper service of summons
-if defendant refused to receive, there should be tender

2. when there's impossibility of service of summons, there will be SUBSTITUTED SERVICE.

-to prove that it is impossible, there must be showing of 3 attempts in 2 separate dates. There must be 3
attempts in 2 separate dates first, before substituted service can be had.
- If what is indicated in the complaint is the home address of the defendant, his residence, the summons
must be left to a person atleast 18yrs. of age and of sufficient discretion residing therein.
- Leaving copies of the summons at the defendant's office to a competent person in-charge thereof.
Includes someone who customarily receives correspondence for the defendant

Under jurisprudence, summons can be served upon the defendant wherever he may be found in the
Phil. Therefore, kahit sa address na hindi nakaindicate sa complaint, pero kung sya mismo ang
magrerecieve, pwede yun.

- By leaving copies of the summons if refused entry

- will apply if there's refusal of entry
- after making known of his authority, service of summons can be made upon theHead of security of the
Homeowners assoc. or condo. building or with any of the officers or chief officer in charge of the
building.
-Summons can be served thru electronic means but with leave of court. And there must be showing of 3
failed attempts in 2 separate dates.

3. service upon someone whose identity or whereabouts are unknown

- despite exercise of diligent inquiry/diligence, di mo malaman ang address nya or kung sino siya.
- you can serve summons by publication
- any type of action
* failure to state facts and circumstances that renders service of summons impossible, renders
summons and the return ineffective, in that case, no service of summons by substitution or publication
can be valid*
* you can only resort to service of summons by publication if there is showing that there are diligent
efforts to serve it personally.*

- there should be diligent efforts to look for the defendant w/in a period of 90 days from
commencement of the action
- if the court issues the order of publication, the same order of publication shall also show that the
answer should be filed not earlier than 60 days
- no requirement to leave copy of summons to last known address

4. Extraterritorial service of summons

- defendant does not reside or not found in the Phil.
*cases that are possibly covered:
a. that which involves the personal status of the plaintiff
b. involves property of non-resident defendant
c. any action which involves an interest or a lien over property
- what is significant is the interest is in the Phil.
- action in rem or quasi-in rem ONLY

> can serve personally outside phil

> thru publication coupled w/ a requirement of doing registered mail at the last known address of the
defendant.
> Other manner that w/c court may deem
Sufficient
> that w/c is provided in international conventions towle the Phil. is a party

5. Resident temporarily out of the Phil.

- personal service
- publication coupled with a requirement of doing registered mail at last known
address
- other manner that w/c court may deem sufficient
-that w/c is provided in international conventions to which the Phil. is a party
- substituted service of summons: (settled by jurisprudence) Substituted service ay dapat may bahay
kasa Phil. or may office ka sa phil.

In a case, SC allowed substituted service even if defendant does not reside in the Phil. because the
spouse is a resident of the Phil and that spouse has been an atty.-in-fact in another case involving the
non-resident husband.

Service of summons on Juridical persons

1. Domestic private Juridical Entity -incorporated in the phil.
- upon president, managing partner, gen. manager, corporate sec, treasurer, in-house counsel
*basta mameet mo in person, you don't need the address na nakalagay sa summons.*
- can be served upon their secretaries, in their absence or unavailability
-in the absence of the foregoing, upon the person who customarily receives correspondence for the
defendant corporation. there should have been attempts to serve upon the above- mentioned persons.
you should establish the unavailability of the foregoing
- thu electronic mail after atleast 3 attempts in a separate days of service upon the foregoing persons
and w/ leave of Court.

2. Foreign Juridical Entity

- upon any of its directors and trustees in the Phil
- any of its officers or agents in the Phil
- gov't official designated by law to receive summons- resident agent
not registered in the phil. but transacted business in the Phil on an isolated transaction
- service of summons must be w/ leave of court
- by personal service coursed thru the appropriate court in the foreign country w/ assistance of DFA
- by publication once in a newspaper of general circulation where the def. corp. may be found and
serving a copy of the summons and court order in their last known address of def. by registered mail
- the facsimile w/ leave of court by sheriff unless court ordered plaint
- thu electronic mail w/ leave Of court by Sheriff unless court ordered plaintiff

Return - a narrative of what transpired during the service of summons

What should appear in the return when there is substituted service of summons:
1. that there was impossibility of prompt service within 30 calendar days of receipt of
summons
2. dates and time of the 3 attempts on 2 separate days to cause personal service and the details of its
inquiries
3. If it was successful, the person who is atleast 18 yrs. of age and with sufficient discretion residing
therein or a person in charge of the office, or head of security, etc.
- If it appears in the return that the the substituted service is defective, the court cannot say that there is
proper service of Summons

Two important days:

1. that sheriff will have to serve the summons upon its issuance within 30 days
2. upon service, it is the duty of sheriff to make a return and within 5days, serve a copy to the plaintiff

In Publication, court will not consider it served by publication if you will not present 2 affidavits of the
publication from the editor/ publisher that indeed it was published in their newspaper; and an affid. of
deposit of a copy of the summons and order by registered mail in the last known address

-EXTRATERRITORIAL SERVICE
If service upon unidentified/unknown def. by publication, affid. of publication only

voluntary appearance
- when you file extension, seek affirmative relief, file matters for clarification, you deemed submitted to
the jurisdiction of the court

Proof of service of summons by electronic mail is a print out of said e-mail with a copy of the summons
as served and affidavit of person mailing.
Legal remedy with respect to an order GRANTING an affirmative defense? Can a party file a motion for
reconsideration?
- If it grants the affirmative defense, the case is dismissed.
- Remedy depends on the ground of the dismissal of case.
- You cannot file an MR on the denial or even if it is granted; you cannot file a petition for CPM.
- You cannot file MR kahit anong ground pa yan ng affirmative defense
- By express provision of R15S12, you are prohibited from from filing MR or any action on
affirmative defense.
- Remedy if grounds for affirmative defense are:
>prescription; res judicata; payment, waiver, abandonment or otherwise
extinguished; unenforceable under the statute of fraud----cannot be refiled, your remedy is
APPEAL.
>subject matter jurisdiction; jurisdiction over person of defendant; improper venue;
lack of legal capacity; pleading states no cause of action; non-compliance with condition
precedent----can be refiled because dismissal is without prejudice; also subject to petition for
certiorari under R65 if there is GAOD amounting to lack of excess of jurisdiction (no need for MR
here)
>litis pendentia----appeal

What about an order granting a motion to dismiss based on allowable ground?

- If motion to dismiss is denied----file an answer within the remaining period
>what if mali talaga yung denial?--- file MR; you can go up on certiorari R65
- If motion to dismiss is granted
>subject matter jurisdiction- can refile; certiorari not appeal
>litis pendentia; res judicata; prescription- appeal

For the grounds that do not constitute an affirmative defense, may an MR be filed?
- Yes. There is no prohibition.
Should the MR be denied, would appeal still be possible since it’s a dismissal with prejudice?
- Yes. If it cannot be refiled, if it’s an adjudication on the merits, you can appeal it.

MOTIONS
-not a pleading because it doesn’t lay claim or defenses
-must be served upon the other party
-there is no more notice of hearing in motions in the Philippines

Can you file a motion in open court?

-Yes. The judge must resolve it immediately.

If the motion is based on facts not appearing on the record

-judge could require the parties to submit affidavits or depositions
-court may the direct that the matter be heard wholly or partly on oral testimony or deposition

Non-litigious motion
-party need not comment
-judge resolve within 5 days from receipt
-no hearing required
-mot. for issuance of alias summons; extension of time to file an answer
-motion for postponement for good reasons(ground: force majeure, act of God, physical inability of the
witness to appear and testify) (if it does not prejudice rights of adverse party); mot. for issuance for writ
of execution(if it does not prejudice rights of adverse party)----file a comment if you feel that it would
prejudice the rights of your client, it becomes now a litigious motion

Litigious motion
-bill of particulars
-mot. for new trial; MR; motion for execution pending appeal; motion to amend a responsive pleading;
motion for intervention; judgement on the pleading; summary judgment; demurrer to evidence; motion
to declare in default; motion to lift order of default on the ground of FAME
-period to oppose a litigious motion or to comment on litigious motion is 5 days
-if those submissions were made court has 15 days to resolve from receipt
-if walang submission, lumampas ang 5 days, court has 15 days to resolve from expiration of period

**pwedeng maghearing, pero it is the court’s sound discretion

Prohibited motions
-motion to dismiss(yung apat na grounds lang ang pwede)
-motion to hear affirmative defenses
-motion for extension of time
-motion for postponement
-kung walang TRO/Prelim.Injuction, motion to suspend the proceedings is a prohibited motion

Dismissal by notice of the Plaintiff

-before an answer is filed, plaintiff can file notice to dismiss the case
-court’s discretion or court’s order or resolution granting dismissal not required
-EFFECT of dismissal: not an adjudication on the merits; dismissal is without prejudice, it can be refiled,
not appealable
-pinadismiss once, then plaintiff refiled it, then dismissed it again-involves same claim or present claim
incorporates a part of the previous claim, that would be an adjudication on the merits; you cannot refile
it again.

Dismissal upon motion by plaintiff

-there is already an answer
-dismissal of principal action will not result to the dismissal of counterclaim
-counterclaim will have to stand based on its merits
-dismissal is without prejudice unless otherwise stated by the court
-saan ipupursue ang counterclaim:
>GR: CC will be prosecuted in a separate action
>EXC: unless defendant manifest to the court within 15 days from receipt of notice of motion for
dismissal to prosecute CC in the same action
>if CC is prosecuted on a separate action, is it still necessary for the court to acquire jurisdiction over
the person of the original plaintiff? – Yes, because that’s a separate action, that’s a new case. You have
to pay filing fees too.
*benefit of prosecuting CC in the same action- you will not pay filing fees
Dismissal due to the fault of plaintiff
-plaintiff fails to appear in the presentation of the evidence-in-chief (fails to appear during presentation
of the direct testimony of his witness)
-fails to prosecute for unreasonable length of time
-failure to comply with an order of the court

Can parties file a joint motion to dismiss?

- Parties could agree to file a joint motion to dismiss and could also agree that dismissal be with
prejudice
- They can agree that the dismissal be without prejudice in case certain terms in the compromise
agreement are not complied with
- It’s also possible that parties can file a joint motion to dismiss with an attached motion to
approve a compromise agreement.--- you are actually asking the court to render a judgment. If
the court sees that the compromise agreement is not contrary to law, morals, public policy or
custom, that court will approve the same and will just reproduce the terms and conditions of
the compromise agreement into the judgment and this would be what you call the compromise
judgment. Such judgment is res judicata because the dispute has been resolved. None of the
parties will file an appeal or MR, both of them will have a reglementary period and it starts to
run, it will become final and executory.
>What if one party violates or breaches the compromise agreement which is reproduced in
the judgment, what is your remedy? File a motion for execution if that is within 5 years from
entry of judgment. Beyond that 5 years, you have to file a petition for revival of judgment.

PRE-TRIAL
-before pre-trial you will have to file pre-trial brief. Ensure receipt thereof atleast 3 days before the pre-
trial.
-5 days before PT, you should submit your judicial affidavits consistent with JAR
-R7S6 you have to comply when you file a complaint or a pleading that lays a claim or a defense AND
comply with JAR 5 days before PT if by chance you have additional witnesses who are not part of the
original complaint, whose JA not included in the original complaint.

PURPOSE:
- manifest to court that you’re willing to enter into an amicable settlement or compromise; willing
to submit to ADR; willing to be settled; if mediation can be achieved; meeting of the minds of
the parties to end and terminate the case
- possibility of obtaining admission and stipulations
- simplification of issues

PT Brief
- put on your PTB a brief or concise statement of your case and your relief
- summary of the admitted facts
- summary of proposed stipulations (once accepted, amounts to judicial admission)
- issues to be tried (factual and legal issues)
- propriety of referral to a commissioner
- names of the witnesses and the summary of their respective testimonies
- reservation on documentary and object evidence (must give particular description of the evid.
whether doc. or obj. evid.)
**failure to submit PTB- same effect as absence during PT
-if you are the plaintiff and you have no good reason why you didn’t submit PTB,
court can dismiss the case, you are non-suited, that is an adjudication on the merits. REMEDY: file MR; if
denied, APPEAL
-if you are the defendant, the plaintiff will be allowed to present evidence ex parte.
REMEDY: file MR on the ground of FAME and must be supported by an affidavit, should be under oath
(under jurisprudence)

**even if the PTB is silent or even if it’s not in the PTN, the court can motu proprio render a summary
judgment or judgment on the pleadings.

**before PT proper, there can be Preliminary Conference (sa COC lang) para hindi maoverwhelm ang
court during PT proper. Comparison of orig. docs. and their copies which are to be submitted as
evidence in court. After comparison, evidence will be marked. If there was no comparison here, that will
only be a preliminary marking. If during the PT proper you will not able to produce the orig. that will
have to be authenticated when the witness is presented to identify the document.
- During PC, the doc. have not yet been authenticated by the right persons, it is just marked and
compared. It is not yet an accepted evidence, not yet admitted evidence of the party.

**RESERVATION. If you are to reserve your testimonial evidence, dapat nakalagay na yan sa PTB. Giving
the name or position and nature of testimony. Can also reserve your doc. or obj. evidence but you have
to give particular description of your evid. Must comply with these requirements of reservation, failing
to do so your reserved evidence will be excluded by the court.

Failure to appear at PT:

 Without just cause- waiver of objection to the faithfulness of the reproductions marked or their
genuineness and due execution
 What if present ka pero hindi mo dala yung documents mo- waiver of presentation of that
evidence. If you think that the doc or the obj cannot be made available on the date of PT, you
put it as reservation on your PTB.
 When duly notified, the failure of the plaintiff AND the counsel to appear without valid cause
when so required shall cause the dismissal of the action. SPA to authorize another or lawyer to
appear for the plaintiff, okay lang.
-if absent talaga, hindi nakapagcommunicate si lawyer, anong reasons ang pwedeng
tanggapin ni court: acts of God, force majeure or physical inability to appear
 Failure of defendant AND counsel to appear without valid cause- plaintiff will be allowed to
present evidence ex parte
 Ang requirement is BOTH plaintiff and counsel and defendant and counsel are present.

MEDIATION
- You have to complete the PT proper first before you can be referred to mediation. Mediation is
30 days only. Mediation is not by the judge trying the case.
- If mediation is unsuccessful and the records are returned to the court for PT, the judge in PT will
ascertain whether the parties can still compromise under JDR. JDR is 15 days only. Under JDR,
there is conciliation by another court. If JDR is unsuccessful after the 15-day period, ibabalik na
sa PT, proceed na sa PT.
- Non-appearance during CAM and JDR shall be deemed as non-appearance at the PT subject to
the same sanctions under R18S5
Pre-trial Order
- Within 10 days after the termination of the PT, court shall issue PT Order.
- PTO will dictate the conduct of the trial.
- Contents of PTO: admitted facts; minutes of PT Conference; legal and factual issues; applicable
laws or jurisprudence; evidence marked; specific trial dates; flow chart to be determined by the
court which shall contain the different stages of the proceedings up to the promulgation of
decision; statement that one-day examination of witness rule and most important witness rule
shall be strictly followed; statement whether the court will render judgment on the pleadings or
summary judgment.
- If for one reason you cannot appear in a particular trial date and there is good reason for non-
appearance, matitira sayo kung lima yan, apat na lang.

*if the judge really feel that the answer does not tender an issue or otherwise admits the material
allegations of the complaint during PT or there’s no genuine issue as to a material fact that would
lead to a summary judgment, except as to the amount of damages, or there are no controverted
facts then the judge can motu proprio render a judgment on the pleading or summary judgment.
- even before a PT, the judge can render judgment on the pleadings if it is apparent
that the answer fails to tender an issue.
- in summary judgment, the motu proprio power of the court comes in only when
during the PT.
- when the court states in the PTO, “magsasummary judgment ako” hindi pa
judgment yun. He should render a decision in the PTO within a period of 90 days upon termination
of the PT. There is no more trial of the case.
-that PTO containing such a declaration or order that he will conduct summary
judgment or judgment on the pleadings is not subject of an appeal or certiorari.
-any action of the court on the motion for judgment on the pleadings or on summary
judgment should not be subject of an appeal or cpm.
-the intention here, on the PTO, is just to state na magjajudgment on the pleading or
summary judgment ang court. On R34 and R35, what is prohibited is an appeal or cpm of that
declaration or order of the court acting upon the motion for judgment on the pleading or summary
judgment that he will render a judgment. It does not mean that you can’t appeal the judgment or
question the judgment itself.

Reason for postponements during trial is only rooted on force majeure, acts of God or physical
inability of witness to appear. If your hearing is postponed that would be deducted from your total
hearing dates.

For example, I am due to present my witness today, and the opposing party is absent, he waives his
right to make objections to my questions and waives his right to conduct cross examination.

INTERVENTION
- intervention can only be made in the trial court. The court will have to ascertain whether the
rights of the original parties will not be delayed by reason of your intervention and whether your
right could be protected in a separate action. If rights of the original parties can be delayed and
your right can be protected in a separate action, court may deny your intervention because
intervention requires leave of court
- GR: once there is already a judgment, you can no longer intervene.
 EXC: if the intervenor is an indispensable party, then the court may allow intervention even
when there’s already judgment

SUBPOENA
-Can be served personally, by substituted service or by registered mail
-if by substituted service, follow the rules on summons which is the 3 attempts in 2 consecutive days
-pag nakakulong na pwede pa ding i-subpoena; judge will have to examine carefully before he grants
application for the person in prison to appear before him
-can a person who has been convicted of life or reclusion perpetua, can his subpoena in appearance in
court be allowed? – only upon the authority of SC

Subpoena ad testificandum
- To appear and to testify
- Contents: name of court, title of case, who is directed to appear
- It is important that there is a service of witness fees and kilometrage

Subpoena duces tecum

- To bring in court documents, books, papers, whatever the courts require you to bring
- Contents: name of court, title of case, name of person in custody of the documents, books, etc.,
all of the other documents you require him to bring including the detailed and definite
description of the same
- Before a subpoena duces tecum is issued, the ff. requisites must be present:
o Books, docs., or other things requested must appear prima facie relevant to the issues
subject of the controversy (test of relevancy)
o Such books must be reasonably described by the party. Therefore, a general inquisitorial
examination of books will not suffice (test of definiteness)

How to quash a subpoena?

 Subpoena duces tecum: unreasonable; oppressive- nature of the document requested is in a
sense inquisitorial (if it does not requirement of definiteness, it is oppressive. There should be
sufficient description of the books, docs, and papers needed to be produced); irrelevant; failure
to tender cost of production of document or cost of witness fees or transportation fees; there
was no tender of kilometrage

 Subpoena ad testificandum: that you are not bound thereby- that witness is disqualified by
communication privilege

Kilometrage- distance of person whose been required to come to the court. Should be within 100
kilometers. If he’s not within the 100 kms radius, his appearance cannot be compelled by subpoena.
Contempt and arrest will not apply.

A court where the action is not pending can issue subpoena for purposes of deposition taking. Proof of
service of notice to take deposition (natanggap ng deponent, isasubmit sa court, nakita ng court, pwede
na syang mag issue ng subpoena) is sufficient for the COC to issue subpoena ad testificandum.
However, if what is to be issued is subpoena duces tecum, it should always be upon an order of the
court.
Hindi mo basta pwedeng tawagin the adverse party on the witness stand unless you have served written
interrogatories upon the adverse party.

DEPOSITION PENDING ACTION R23

 Written Interrogatories (WI)
R23 R25
Applies to party or non-party Applies to a party ONLY
Direct written interrogatories to be submitted by The WI will just be questions from the person
proponent. who is supposed to go to the adverse party (only
one set of questions)
Opponent will conduct cross-written
interrogatories within a period of 10 days from
receipt of the direct written interrogatories
Proponent will meet the CWI with a redirect WI
within 5 days
Opponent will conduct recross WI within a period
of 3 days
All of these questions will be collated and sent to
deposition officer
When to apply: upon ex parte motion to take deposition of a party
Scope of examination is any relevant matter so long as it is not privileged.
Limitation of power to take deposition: irrelevant; privileged; intended to annoy, embarrass or oppress
the deponent

 Oral Deposition (OD) R23

o The questions will only be propounded in the presence of the deposition officer
o May direct OD, Cross-OD, redirect OD at recross OD
o Can just have JA in lieu of direct OD if the court allows

Use of deposition:
1. To contradict or impeach testimony of a witness
-if you use a portion of the deposition, the other party can require you to present the rest of the
deposition
2. Witness is already dead, deposition was taken before his death, his deposition can be presented
in lieu of his actual testimony in court. Deposition given in another proceeding by someone who
is dead, his deposition in another proceeding involving the same parties and subject matter can
be presented here in a judicial or admin. proceeding. But there must be an opportunity to cross
examine.
3. Deponent lives more than 100 kms from the place where the hearing is to be conducted,
deposition taken previously can be used to take the place of testimony.
4. Witness is unable to attend by reason of sickness, infirmity or in prison
5. Party is unable to procure the witness by a subpoena

Persons before whom deposition should be taken in the Phil.

1. Judge
2. Notary public
3. Anyone authorized to administer oath and stipulated upon by the parties in writing
Persons before whom deposition should be taken outside the Phil.
1. Any consul, vice-consul, consul general
2. Secretary of delegation
- Exclude ambassadors because he is in charge of the political affairs and not the civic, socio and
economic affairs of the state outside of the country
3. Upon letters rogatory or commission
4. Anyone authorized to administer oath and stipulated upon by the parties in writing

Letters rogatory- communication is a communication from one judicial authority to another

- If it were entertained, rules of the judicial authority in the foreign country, deposition shall be
taken under the rules of that country
Commission- appointment of a Philippine court. If you’re appointed by a Phil. Court you will have to
follow the rules of deposition in the Phil.

Disqualification of a deponent
1. If he is related to the party or his employee or counsel within the 6 th degree of consanguinity or
affinity
2. If he is financially interested

If you would want to disqualify a deposition officer, at the very first instance that there is a ground, you
have to raise it because the disqualification if not properly raised is not waivable.

Manner of taking deposition

- The taking of deposition whether oral deposition or written interrogatories will be under the
direction and control of the deposition officer.
- The deposition will be taken under stenographic notes. He could get stenographer under his
direct control and supervision.
- All of these questions and answers will be recorded and thereafter presented to deponent.
- Deponent will have the chance to review the same. Deponent will then affix his signature. There
are times that he refuses to affix his signature, then the deposition officer will affix his signature
and state the reason for the refusal. It is also possible that both parties agree as to the waiver of
signing.
- There should also a certification if the deposition officer that this is a true deposition of the
person and of course voluntarily made.
- Then the deposition will be sealed in the envelope directed to the court saying “deposition of
NAME”
- Submit it to the court in sealed envelope.
**FAILURE to follow these, expect a motion to suppress deposition.

Before taking deposition, there must be notice. If there was no notice, that will be defective. The errors
or irregularities in the taking of deposition is waivable. Disqualification of deposition officer is waivable.
Errors or irregularities in the oral examination, in the manner of its taking, in the form of the question,
these are waivable unless timely raised.

Ang hindi waivable ay ang competency of evidence because that’s a function of trial.

DEPOSITIONS BEFORE ACTION OR PENDING APPEAL R24

- This is perpetuation of testimony
 Deposition before action
- The sole purpose of filing the action here was to perpetuate the testimony
- Venue of action is in the court of the place where the expected adverse party or would-be
adverse party resides
- The order that you would want to have is to allow you to perpetuate the testimony, for the
court to make an order designating and describing the persons whose deposition may be taken

Deposition pending appeal

- There is already a final judgment
- You will file a motion in court with notice to the party
- The question is, is it a litigious on non-litigious motion? It should not be a litigious motion in the
light of the objective of the rules. However, if the other party perceives it to be something that
would prejudice its right then you might expect an opposition.
- Content of the motion: the names and addresses of the persons to be examined and the
substance of their testimony; reasons for perpetuating their testimony
- File it in the court that rendered the judgment unless jurisdiction of that court by reason of
appeal has already been vacated and is already been elevated to an appellate court in which
case you will file it before the appellate court
- Importance: to take deposition pending appeal you must serve written interrogatories first

INTERROGATORIES DIRECTED ONLY TO PARTIES R25

- Uses and manner of application is the same as that of R23
- Written interrogatories here are series of questions only. No need to cross, recross or redirect.
- You can object taking of your WI within a period of 10 days
- If you want to respond to the WI, you have to respond within 15 days
- No party without the court’s permission or leave shall serve more than 1 set of WI to be
answered by the same party.

REQUEST FOR ADMISSION R26

- Intended for the other party to admit.
- Bibigyan ka ng request for admission for a material or relevant fact or genuineness of any
material or relevant documents
- Bakit nila ipaaadmit? Because they want to shorten the proceedings. To abbreviate the
proceeding.
- If you refuse to respond, that would amount to an implied admission
- You want to object or respond, 15 days
- If you object, requirement to respond is suspended until the objections are resolved.
- Content of your response: either deny the matters or admit the same
- Admissions here can only be used for the purpose of the particular pending action only and not
to constitute an admission for any other purpose.
- A party who fails to serve a request for admission shall not be allowed to prove certain facts or
to present evidence.
- What if the subject of the request for admission were previously denied or admitted in an
answer? You don’t need to deny or admit it again in a request for admission
- In a case, some of the matters sought to be admitted in the request for admission were matters
of law or opinion. The court held that they are improper matters and cannot therefore be
deemed impliedly admitted under R26.
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS R27
 Production of books, papers and documents
o You could only do a production of bpd for as long as they are not privileged.
 To enter and leave the premises
o Purpose: to survey, to photograph, to measure

PHYSICAL AND MENTAL EXAMINATION R28

- Court can order physical and mental examination only upon motion for good cause shown that a
physical or mental condition is in controversy
- Mr. X requested the court to order for my mental examination. Court granted. I submitted for
examination. Thereafter, whether me or my representative requested for a copy of the
examination. This is an important move that has serious consequences. The fact that I requested
for a copy of the examination would mean that the opposing party, Mr. X can request my
previous and my subsequent mental examination and I cannot refuse. If I refuse, I don’t want to
disclose and one of the doctors is to be presented to testify, his testimony will be excluded.
There is waiver of privilege here.

CONSEQUENCES FOR NON-COMPLIANCE R29

- You are a deponent and you refuse to answer, the court could first issue an order to compel you
to answer. Hindi pwedeng serious consequences agad.
- There is also contempt in deposition when the deponent refuses to sworn to as a deponent or
refuses to answer a question after the court has directed the deponent to respond
- What if ayaw pa din sumagot or magcomply sa R27 at R28, what are the consequences?
o There can be an order that you will not be allowed to establish your claims
o There could also be an order refusing you to allow to support or oppose your claims or
defenses
o Because of your refusal to answer, certain allegation in your pleadings could be stricken
out
o If you’re a plaintiff pwede ng madismiss ang case mo; if you’re the defendant there
could already be a judgment by default
o And in lieu of all of those, pwede kang paarrest. However, a person whose physical or
mental condition is in controversy, cannot be arrested.
- Pero if yung full interrogatories ang hindi sinasagot at ayaw sagotin, R29S5 will apply. Basically
the same, you will not be allowed to establish your claim or defenses. If you’re the plaintiff, your
case can be dismissed; of you’re the defendant, you can be declared in default
- Because of the refusal to admit, you have suffered cost to have it authenticated or to prove it
and you were able to prove that you were right, the other party shall shoulder all the cost and
expenses.

TRIAL R30
- Presentation of evidence of the plaintiff should start no later than 30 days from termination of
PTC
- Plaintiff shall be allowed to present his evidence within a period of 90 calendar days which shall
include the JDR (15 days)
- Defendant also has 90 calendar days to present his evidence
 - Initial presentation of evidence of defendant: not later than 30 days after the court’s ruling of
the formal offer of evidence by the plaintiff. So may 30 days between presentation of evidence
by plaintiff and that of the defendant.
o After ruling of the court, defendant could file demurrer to evidence.
o Demurrer is denied: defendant can now file evidence; not subject of appeal or certiorari
o You can file MR but not appeal or certiorari on the denial. In that case, you will have to
wait until judgment for you to appeal.
o Demurrer is granted: dismissal of the case; plaintiff can file MR, denied, then nag-appeal
tas nakita ng court na mali ang demurrer, the court will reverse the same. When the
court reverses it, actually reinstating the case, the defendant has no evidence. The
appellate court can now render a judgment. This is the downside of filing demurrer.
o Demurrer to evidence shall follow rules on motion under R15. So if you file demurrer to
evidence, the other party can oppose within the period of 5 days. And the court will
have to resolve within 15 days.
o Leave of court to file demurrer to evidence not required in civil case
o If you file demurrer to evidence, the defendant cannot yet present his evidence.
- Within what period should the court render a judgment under Trial R30? 90 days after the
termination of the formal offer of evidence of the defendant and the court rules to admit or
deny certain evidence.

-There could only be a postponement if based on force majeure, act of God and physical inability of the
witness.
-Illness of lawyer or the party is still a ground to postpone. When will the case be postponed by reason
of illness:
1. That his illness of such a nature which would render his non-appearance or absence excusable
2. His presence is indespensable
-Postponement during trial kahit with valid cause, mababawasan pa din yung trial date mo.

Order of presentation of evidence- plaintiff presents evidence then the defendant then the 3 rd party
plaintiff, the 3rd party defendant and so on and so forth.

Can the court render a judgment aside from summary judgment and judgment on the pleadings? Yes.
There are still instances where the court can render judgment without a trial. When parties agree on
certain facts, no controverted or undisputed facts anymore. Kailangan na lang ay ang determination of
the legal issue.

Ideally, it should be the judge who should receive the evidence, unless, it is lawfully delegated to the
COC under ex parte presentation of evidence; in default cases; when it involves registration of land and
there are no oppositors. In adoption, judge cannot delegate the reception of evidence on the COC
because it is imbued with public policy, the interest of the child.

- Any matter can be referred to a commissioner if the parties agree.

- Ang purpose ng commissioner is just like a referee, an auditor or examiner.
- Papasok ang commissioner pumapasok sa istorya pag yan ay maraming documents at financial
issues that some of these are outside the competence of the judge so the judge would want to
be guided.
 - What if parties don’t agree? Court may, upon motion of the party or its own motion, when it
requires the examination of long accounts. When taking an account is necessary for the court to
render judgment
- When it comes to commissioner is what you call order of reference

- ORDER OF REFERENCE
o Dictate conduct of the proceedings
o It will indicate the power of commissioner, anong pwede nyang gawin, anong kukunin
nya, anong iyeexamine nya, anong icocompile nya.
o If it’s within the order of reference he could set hearings or conference, issue subpoena
o If within the order of reference, can determine admissibility of evidence which is not
within the delated power of COC under R30
- Commissioners should be placed under oath
- Commissioner should make written report
- Once he submits report, parties will be notified
- Parties have 10 days to comment
- After receiving their comments, objections, etc., the court may opt to conduct hearing or the
court can accept it, reject it, accept a portion reject the rest or the court can recommit.

Consolidation
- Most common consolidation is the consolidation in the same station
- Consolidation is not a remedy if there is forum shopping
- There could be separate trial subject to the discretion of the court

Judgment on the pleadings R34

- Answer does not tender an issue or otherwise admits material allegations on the complaint
- Litigious motion. Rules on motion to be followed
- Court just rely on the complaint and answer
- No partial judgment on the pleadings. Always a full judgment

Summary judgment R35

- Plaintiff can apply for it after an answer has been filed
- If defendant, can file anytime
- Partial summary judgment is allowed
- There is no genuine issue as to a material fact
- It appears that there is an issue but not genuine. The denial is false, it’s a sham.
- You can present other documents here
- When you file a motion for summary judgment you could already cite the affidavits, depositions,
admissions relied upon. And the other party would have to comment within a period of 5 days.
- Whether a certiorari is a remedy proper remedy to question a partial summary judgment? Yes.
The court held that a partial summary judgment like that rendered by the court was in the
category of a separate judgment. Such judgment however did not adjudicate damages and still
directed that further proceedings be had in order to determine the amount of damages.

Whether JP or SJ, any action of the court cannot be subject of an appeal or certiorari. Can file MR.
Remember that it is only an action of the court saying I will take JP or SJ.

JUDGMENT
 - When you talk of judgment, it should state the fact and the law upon which it is based
- SC has held that it is not required that the judge who heard the case will be the judge who will
render judgment
- Judgment could tell us whether to appeal or to execute. It will be determined by the nature of
the judgment
- Final judgment which is not yet executory because the reglementary period is still alive and you
were able to file a remedy withing 15 days, final judgment nga yun pero di pa executory
- When it is already final and executory, meaning it’s at the end of the line. Reglementary period
had already lapsed or you opted not to appeal of file MR.
- Pag may entry of judgment na, it is finished. It will be issued a day after the expiration of the
reglementary period.
- If may entry of judgment, it will no longer be subject of an appeal.
- When you talk about several judgments it is an action against several defendants. The court
when there are several judgments render a judgment against one or more of them.
- When there is a judgment against an entity without juridical personality, the judgment shall be
set out in their individual names

Remedy for adverse judgment

 Within the reglementary period- 15 days if notice on appeal; 30 days if record on appeal
o MR- Grounds: contrary to law, excessive award of damages, judgment is not supported
by evidence; interrupts running of the reglementary period; if denied, you have fresh
period of 15 days to appeal judgment; judge will resolve within 30 days; if in CA/SC-
resolve within 90 days
-EFFECT: court will set aside the judgment upon terms as may be just or may deny it or
may amend it
o MNT- Grounds: 1. FAME- must support it with affidavit of merit; 2. Newly discovered
evidence- kailangan din ng affidavit, if the NDE is a witness, you need the testimony of
the witness, or if there are documents as NDE, get an authenticated copy and
incorporated with the motion for MNT.
-in MNT, you can file a second motion for MNT so long as the ground was not available
at the filing of the first
-if MNT is granted, original judgment will be vacated and there will be a trial de novo,
and to such extent of the evidence that could stand, it will remain on the record
o Appeal- R40 to R45

 Outside of the reglementary period- judgment becomes final and executory

 2 kinds of remedies in R38- to file under R38, you should be a party.
o Petition for relief from judgment
-GROUNDS: FAME
-file it in the court that rendered the judgment
-must be filed within a period of 6 months from entry of judgment (but this is not really
your period. This is just the maximum days in which you can file a PRJ)
-real period is within 60 days from knowledge of the entry of judgment
-the 60 days from knowledge must be within the period of 6 months from entry of
judgment
o Petition for relief from denial of appeal- you are PREVENTED from filing of appeal
because of FAME
 -iba yung late ka na nagfile ng appeal, ang remedy mo dun is MR, if denied, certiorari if
tainted with GAOD amounting to lack or excess of jurisdiction

 Annulment of judgment R47- beyond 6 months from entry of judgment

-can be filed even if you’re not a party
-ordinary procedure is to be followed
-hindi ito appeal. It’s an original action in the CA to annul the judgment of the RTC
-if it is the judgment of MTC that you want to annul, file it with RTC
-GROUNDS: extrinsic fraud (4 years from discovery) and lack of jurisdiction (before you
are barred by laches) (subject matter or person of defendant)
-example of grounds: party ka but you were not served summons; nagrender ng
judgment at walang jurisdiction ang court; you were misled by the actions of their
lawyer conniving with the other party or the other party misleading you; indispensable
party not impleaded; lack of due process to participate
-because it is an original action, there should be a certificate of NFS, must be verified,
requires affidavits of witnesses and supporting documents
-you can ask for attorney’s fees and damages
-CA, once it finds a prima facie merit to the petition, it will issue summons. And because
there are summons, there can be an answer. They can receive evidence.
-Effect of grant: there will be a judgment that is null and void, without prejudice to the
filing of an action
-where the ground is extrinsic fraud, court may on motion order the trial court to try the
case as if there is a timely motion for MNT
-prescriptive period for such a refiling is interrupted from the time complaint was filed
and even including the annulment of judgment. However, prescriptive period should not
be suspended where the extrinsic fraud is attributed to the plaintiff.

APPEAL- pay appeal fees within the reglementary period

 ORDINARY Appeal
1. MTC  RTC (appellate court) R40
-file notice of appeal to court that rendered the judgment
-once filed, appeal is perfected as to the appellant
-upon expiration of the period of the other party, the court loses jurisdiction
-once perfected, all that the court will wait for is the expiration of the other party’s period to
appeal
-and thereafter, iyaakyat na nya yung record ng case sa RTC
-Contents of notice of appeal: that you receive the decision on a particular date and there is
reglementary period, the period will start to run as reflected on the date of your receipt and
that you pay the appeal docket fees

-you can also file record on appeal

-record on appeal is used in certain case (multiple appeals, cases of special proceedings,
certain cases on settlement of estate, allowance or disallowance of a will)
-if record on appeal, there is still a case that will be left in the court of original jurisdiction; it
is a compilation of all the orders of the court, all pleadings filed in the court and then the
court will have to approve it
-perfected upon approval
-GR: cannot file extension EXC: if court orders the amendment of record on appeal
 2. RTC (court of original jurisdiction)  CA R41 (ordinary appeal to CA)
-same with 1
-example of multiple appeal here is expropriation; file record on appeal because there’s still
a stage that would have to be determined by the RTC, the determination of just
compensation.
**difference of R40 and R41
- R40, in the RTC on appeal from MTC, even not raised as an issue the RTC could examine the
entire records of the case and render judgment from decision of MTC
- R40, it’s possible that the case is dismissed by MTC saying there was no jurisdiction and then an
appeal was elevated to the RTC and the RTC says na may jurisdiction sya, RTC can take
cognizance of the case as if it was originally filed there.
- R40, RTC as an appellate court ano ang pinapafile? Appellant will have to file his appellant’s
memorandum within 15 days and the appellee will file his appellee’s memorandum within 15
days.
- Then the court can already render decision.
- If appellant did not file memorandum, dismissed and appeal
- R41, R44 will apply here
- CA is only bound by the assignment of errors of the appellant
- R41, ang pinafile dito is appellant’s brief within 45 days and appellee’s brief within 45 days
- Appellant can file his reply brief within 20 days
- If appellant did not file brief, dismissed ang appeal
- Appeal filed outside reglementary period, dismissed and appeal
- Did not pay appeal docket fees within reglementary period, dismissed ang appeal
- Nagfile ng appellant’s brief within reglementary period pero walang assignment of errors,
dismissed
- Walang page reference on the records, walang table of contents, court may dismiss

 PETITION FOR REVIEW R42

1. MTC  RTC  CA
- Mangyayari lang ang pet. for review if the case is originated from the MTC and is reviewed by
the RTC as an appellate court and it was further elevated to the CA
- Petition is to be filed in CA
- GR: cannot file second extension of time EXC: for most compelling reason
- Period to file petition of review is 15 days
- You can file extension of time for 15 days so long as you pay docket fees within the
reglementary period

2. Quasi-judicial agency  CA R43

- SSS, GSIS, DARAB, CAB, CAAP, HLURB (no. goes to the office of the president first before going
here), DOJ, DTI, NLRC (use R65 because per the labor code, decision of NLRC is final and
executory, thus there is no appeal and any plain and speedy remedy)
- Same with 1
- Difference: because the pertinent records did not come from a court, all of the pertinent
pleadings or records attached to the petition should be certified true copy. Hindi katulad sa 1 na
ang certified true copy lang or duplicate original ay yung questioned decision.

 PETITON FOR REVIEW ON CERTIORARI/APPEAL BY CERTIORARI R45

 - The only way to go up to SC in a civil case is a petition for review on certiorari under R45 that’s
on a pure question of law.
- RTCSC – pwede, on a pure question of law
- SBSC – pwede
- CTASC – CTA can only be elevated to SC if it’s a decision of CTA en banc
- CASC – whether CA is reviewing it on a petition for review or on an ordinary appeal
- Period to file: 15 days
- You are entitled, if there is a compelling reason, to one time extension of 30 days, and you have
to pay the docket fees within that reglementary period.
- Contents of the petition: basic allegations, parties, issues, must be pure question of law, CNFS,
verification, questioned decision must be attached, explanation on service other than personal
service, affidavit of service. Absence of any of these may result to a dismissal of the case.
- You will have to establish the timeliness in the body of your petition to show that you are filing
within the proper reglementary period

PROCEDURE IN THE COURT OF APPEALS

 Original Cases in the CA R46
o Cpm, qw, habeas corpus, writ of amparo, writ of habeas data, writ of kalikasan, writ of
continuing mandamus (CA and SC only)
o Magiisue ba ang CA ng summons? NO. For the court to acquire jurisdiction over the
person of the defendant, CA must have to come up with a resolution requiring the
respondent to take action on this resolution.
o Para mag acquire ng jurisdiction ang court, CA must only show that it served the initial
resolution to the defendant. Or in certain instances the respondent voluntarily
submitted to the jurisdiction of the court
o GR: responsive pleading on an original action in CA is a comment, within period of 10
days
o CA can conduct hearings, each of those divisions can conduct hearing
o Can reception of evidence be delegated to RTC or a trial court on a case pending in the
CA in an original action? Yes.
 Annulment of judgment R47 is an original case under R46. However, to respond to an action for
annulment of judgment, it is not by comment but by an answer. Under R47, when the court
finds a prima facie case, the court will issue summons and require the respondent to file an
answer. Because R47 tells us that rules on ordinary procedure will apply, and thus, entitled to
only one time extension of time.
 If it’s an original case, the court can conduct preliminary conference R48
o Parties can identify issues; can enter into admissions; can offer stipulations
 Oral Argument R49
o Only original cases are orally argued
o Hindi mo pwedeng utosan ang CA to set the case for hearing.
 Judgment R51
o Appellate court has their own rules of judgment under R51. For trial court, R36
o CA renders a decision based on division of 3. All 3 have to vote to agree on their decision
unanimously, it cannot be on a majority vote. If there is 2 against 1, the ponente will
refer it to the chairman, the chairman will refer it to the presiding justice of the CA. The
presiding justice of the CA will create a special division of 5, then majority vote will
suffice.
 o On promulgation of judgment: the justices are expected to deliberate. When the
ponente prepares it then signs it. After deliberation the ponente shall forward it to the
other justice who will then review it, if he conforms he signs it or approves it then it will
be forwarded to the next justice and so on.., then everyone unanimously voted on the
matter on the decision and then it will be forwarded to the COC of the Division. The
Division COC will say that “On this day a decision was rendered by the 5 th Division of the
CA.” signed, give it to the COC of CA, signed, release.
 Can file MR R52
o Within 15 days
o Cannot file 2nd MR
o Court shall resolve within 90 days
 Can file MNT R53
o Only on the sole ground of newly discovered evidence
o Can file from the time appeal is perfected and so long as CA has jurisdiction. For as long
as it is pending in CA, that is how long you could file a MNT.
 R54 and R55 are just administrative requirements. R55 is recording of decisions of CA in the CA
reports.
**CA can only sit en banc for administrative purposes but never to render a decision

PROCEDURE IN THE SC
 Original Cases R56
o Adopts R46 (original cases in CA)
o Constitutionality of a law, questioning validity of tax imposition, treaty, constitutionality
of ordinance; administrative cases against members of the bench and bar; actions
against ambassadors, ministers
o You cannot file annulment for judgment. CA lang.
o Can conduct preliminary conference, either in original cases or appealed cases
o Pwede ang oral argument
o Promulgation of judgment: same as with CA but they decide in divisions of 5, therefore a
majority vote shall suffice
o Can file MR
o Cannot file MNT; but they can exercise discretion, in the interest of justice, in the
exercise of equity jurisdiction
**only SC can sit en banc to render a decision
**in SC en banc, if it’s an original case and can’t reach a vote, dismissed; if case is on appeal and can’t
reach a vote the decision in the lower court will stand affirm.
 Appealed Cases
o The only way to go up to SC in a civil case is a petition for review on certiorari R45
o PC, Judgment and MR – pwedeng iappeal sa SC applying R45

EXECUTION R39
- When you execute, it’s the end of the line, it is final and executory
- AS A MATTER OF RIGHT: when loosing party decides not to appeal, file MR or MNT, or appeal till
it reached SC, you file MR, then you still lose, wala ka ng magagawa kasi talo ka na.
o Motion for execution shall always be filed with the court of origin
o In certain valid cases, you file with CA or SC a motion for execution
o But in ALL cases, the writ of execution shall be issued by the court of origin
 o CA and SC can issue writ of execution only in cases of original action filed in the CA or SC
o You cannot post a bond to stop a motion for execution as a matter of right
- DISCRETIONARY EXECUTION: execution pending appeal
o Example: RTC you are to appeal to CA, so long as the records are in the RTC, the RTC can
entertain your motion for execution or discretionary execution. If the records have been
elevated because it is to be appealed, you can no longer file it with RTC, you file it
before CA.
o There should be good reasons to be stated in a special order of the court after hearing.
o Pwede bang pigilan if binigay ng court? Yes. You could post a bond.
- GR: if there’s an appeal, you cannot execute because as a rule, an appeal stays execution; EXC: if
nature of your action is injunction, receivership, accounting or support or those types of cases
which by nature is executory.
- Can you stop execution as a matter of right? No, unless there are good reasons. Or there are
supervening events that happens that would render decision nugatory or there is a blatant
disregard of the same.
- What if application for discretionary execution was denied? Can I still go up? Yes. Can I appeal?
No, because tapos na yung case, it is finally disposed of. You can file R65 when there is GAOD.

How can you enforce a final and executory judgment?

1. There is already an entry of judgment
2. File a motion for execution within a period of 5 years from entry of judgment
3. Court will issue writ of execution (writ will have an effective life of 5 years)
4. After 5 years from entry of judgment but before 10 years, you have to file an independent action
(frequently referred to as a petition for revival of judgment). So kakailanganin mo pang magfile
ng isa pang kaso.
o hindi ka nakapagfile within 5 years from entry of judgment, pwede ka pang makapag
execute pero not anymore by motion but by filing an independent action.
o When you do independent action, no more hearing. You just have to establish that
there’s a judgment and the judgment was rendered at this time and the period of 5
years lapse and you want to revive the judgment
o Bakit 10 years? Because based on the Civil Code, judgment shall expire or prescribe in
10 years.
** Even beyond 5 years, for meritorious grounds, the court may allow to file a motion for execution.
**When the execution is stayed, excluded yung period na yun, either by agreement of the parties for a
definite time, or by injunction, pinigilan ng court, or by taking of an appeal or writ of error so as to
operate as a supersedeas, or by the death of the party. Any interruption or delay occasioned by the
debtor will extend the time within which the writ may be issued without scire facias.
**What if a writ of possession was not enforced within 5 years, do you need to file an independent
action? No, because that’s not even a case, that’s just a motion for application for a writ of possession.
In fact, that is a motion entertained by the court even if it’s not an initiatory pleading.

HOW TO EXECUTE? – depende sa judgment

 Money Judgment
o There’s already a writ of execution
o Sheriff must make a demand on the losing party/judgment obligor
 o If he could pay, he should pay to oblige or rep. of oblige. If there is no rep. of obligee,
the sheriff could receive it for the obligee and would have to turn it over to the COC who
will in turn deposit it to government depository bank for the account of obligee.
-however, if the judgment obligee in the record of the case, “fully satisfied”; or
acknowledge satisfaction of judgment in a separate written instrument; or it is fully
satisfied when the writ was returned to the court, ibig sabihin fully satisfied na yun.
-life of the writ is 5 years. The 30 days is the period for the sheriff to report to the court,
every time he had successful execution, he has to make an inventory and submit it to
the court.
o If walang pambayad, the sheriff can now levy on real or personal property. The obligor
will always have to be given a choice. But if he doesn’t make a choice, personal property
will have to go first.
-the most convenient to execute when you talk of personal properties and that will
involve money is thru writ of garnishment. Best example would be the banking
institutions. When they receive it, holder or custodian of the funds will have to make a
report to the court within 5 days if the obligee has sufficient funds. If he has sufficient
funds, the court, in 10 days, will issue an order of release of funds, and those funds
released will be applied for the satisfaction of judgment.
-if kulang ang funds, you can garnish the available fund then you can levy a real
property. It will be levied with the RD. In terms of levy of real property, you cannot
appropriate it. That will have to be subject to a public sale.
**if you mortgaged your house, books, burden of beast, etc., it can be subject of
execution
-PUBLIC SALE: there should always be notice to the public and notice to the obligor.
Atleast 3 days notice to the obligor, unless perishable goods.
-there is a sale without notice, you could be liable for punitive damages
-is there a certificate of sale for personal properties capable for manual delivery? As a
GR, no. EXC when the purchaser desires.
-is there a certificate of sale for personal properties not capable for manual delivery?
Yes.
-you need a certificate of sale for real properties.
-only in real properties would there be a redemption of 1 year.
-if ayaw magbayad ng nakabili, the court may order the refusing purchaser to pay into
the court the amount, even the loses by reason of his refusal to pay and he may be held
liable for contempt.
-the fact of the claim of a third person on the property subject of the public sale must
have to be indicated in the certificate of sale.

Third party claim- R39S16(execution); R57S14(attachment);R60S7(replevin)

 R39S16- the objective of a winning judgment obligee is to execute thru a sheriff and the
sheriff will have to deal with a particular property
-if there is a third party claimant(TPC), the TPC will serve an affidavit of his claim on the property
subject of execution on the sheriff and judgment obligee.
-with the service of the affidavit it suspends or interrupts the execution.
-if the judgment obligee wants to continue with the execution he must post a bond in favor of
the TPC for the protection of the TPC.
 In relation to R57 and R60
 -when you talk of attachment/replevin, there is no judgment obligee, he will be called the
plaintiff, the person in whose name the attachment is issued.
-DIFFERENCE:
R39- judgment obligee can vindicate his right in the same pending action or in a separate
action if he opts to do it. But the TPC, being a stranger to the action can only vindicate his right
in a separate action.
R57&R60- whether you are the plaintiff or the TPC, you can vindicate your right in the same
or separate action. Why? Because in an attachment/replevin situation means that there’s still a
pending case, therefore you could intervene in the same action because there is no yet final
judgment.

Redemption period
- Let’s say that there’s a certificate of sale. The judgment obligor or redemptioner (mortgagor,
debtor, subject of a lien of an attachment) may redeem the property from the purchase at any
time within 1 year from the registration of the certificate of sale.
- Once judgment obligor redeems there will be no further redemption
- However, if it’s a redemptioner who redeems, pwedeng every after 60 days pero within the 1-
year period lang. But if si judgment obligor ang nagredeem, no further redemption shall be
allowed.

Execution vs Mortgage
 EXECUTION – 1 year redemption period
o During the redemption period, the judgment obligor shall be in possession of the
property
o Judgment of the obligor is entitled to the profits and rents during that period because
he’s still in possession
o Can the judgment obligor change its nature that it will result to a waste of the property?
NO!
o That 1 year period gives the judgment obligor to redeem the property. Kung may kita
yan, sayo yan. Hawak mo yan, walang problema yan. Pero pag lumampas ang isang
taon, it will be consolidated under the name of the purchaser.
 MORTGAGE
o Judicial Foreclosure
 Equity of redemption – a period of not less than 90 days nor more than 120 days
 The award that the court can render in a judicial foreclosure is only a
determination of the amount and requiring that there be payment in a period
not less than 90 days nor more than 120 days and if the obligor or obligor
refuses to pay then the property will be sold on a foreclosure sale
 The mortgagor will be in possession of the property during the time
 The mortgagor shall be entitled to the fruits and rents

o Extrajudicial Foreclosure
 Redemption period is 1 year
 Possession, fruits and rent shall be with the mortgagor
 1. Lender/Mortgagee is the bank; Borrower/Mortgagor is a company  only applies to EJ
a. Redemption period is 90 days or registration of the certificate of sale whichever
comes first
i. In the light of the banking law, it will be the bank who is the purchaser or
separately the purchaser will be in possession.
ii. If the mortgagor wants to continue with the possession, he will have to post
a bond
2. Lender/Mortgagee is a bank; Borrower/Mortgagor is a person  applies to J or EJ
a. Redemption period is 1 year
i. The bank or the purchaser will be in possession
ii. If the mortgagor wants to continue with the possession, he will have to post
a bond

There is no redemption period of personal property.

 Specific Acts
o The court can require you to execute a deed of conveyance; the court can require you to
do something
o But may you refuse to comply – the court can require someone else to do it
o But what if such person still refuses to comply? – there’s no contempt here because the
court has power to require someone else to do it and if obligor refuses to comply, then
the person designated by court refuses to comply, then the court can consider that the
act to have been performed and order a conveyance.
o But if there’s an order of the court for you to vacate and you refuse to vacate; or you
left the premises but returned or induce someone to return, that is indirect contempt.
o It is also possible that the court can order he sale or transfer of property or conveyance
of personal property; the court can also order to vacate and to leave the property; can
also order the removal of improvement. But take note that when you talk of removal or
demolition of improvements under S10, there should always be a special order of
demolition.

 Special Judgment
o This is different from S9 and S10 when there is no contempt for non-compliance
because there are numbers of options and ways available
o The writ of execution should have a certified true copy of the judgment
o Why special? – because it’s only you who can perform
o Unless there’s an alternative prayer of damages should you comply. Is that an
involuntary servitude? – no, because you freely contracted to enter into that contract or
to perform or to provide your services
o If there’s refusal on your part despite the judgment of the court, there can be contempt.

**What if you are a purchaser in a public sale, you complied, you paid and you were hoping to take
possession of the property you entered a bid on. But for one reason there is someone who claims to
have a better right, in other words, you were not able to take possession of something you bought in the
public auction. What are your remedies? 1. You could recover the amount in the same action; 2. You
could recover the amount in a separate action; or 3. You could have the judgment revived in your own
name. So, you as the purchaser now steps in to the shoe of the judgment obligee who has now been
paid then you can now execute depending on whether it’s a money judgment, specific act or special
judgment.

Options available to be able to fully satisfy judgment (if nahihirapan kang mag execute) :
- You can have the judgment obligor or the obligor of the judgment obligor to be examined.
o How? The court can issue subpoena.
o The properties identified in the course of examination shall be applied to the
satisfaction of the judgment.
o The service of the order upon the debtor of the judgment obligor shall bind all credits
due to the judgment obligor and all money and property of the judgment obligor in the
possession of that person or corporation.
o The debtor of judgment obligor can pay directly to the judgment obligee.
o Payment can be by installment basis. Any failure of payment on that monthly fixed
installment could expose the judgment obligor to indirect contempt.
- If there are properties of the judgment obligor in the custody of persons whether as mortgagor
or mortgagee other than obligor and it could be established that it is without controversy in the
place where the court has jurisdiction, the receiver may be ordered by the court to sell and
convey such real estate of the obligor.
- If there are persons in custody or in possession of properties of the judgment obligor but they
have an interest adverse to him, the court can issue an order requiring the judgment obligee to
recover such interest or debt within a period of 120 days, if he fail, he can be liable for
contempt.

EFFECT OF JUDGMENT
- If confronted in the BAR EXAMS, you have to distinguish whether it’s personal, domestic or
foreign judgment.
- If it’s a domestic judgment, the judgment or final order is conclusive as to specific thing. As to
the probate of the will, administration of estate, as to personal, political or legal conditions, or
status of a person of his relationship, it is conclusive. But is only prima facie as to the death
pertaining to probate of the will or letters of administration because you could have your will
probated during your lifetime, you could have your property administered during your lifetime.
- Res judicata – a bar to the subsequent action because the matter has already been resolved with
finality by the court
- Conclusiveness of judgment or preclusion of issue
o Example: I am a contractor of a building to be constructed for jurists. After some time, it
has been more than 3 years and it’s barely completed. The management of jurists
instituted an action against me to rescind the contract stating a number of violations on
my end. After a long-fought case, I won. Action for rescission is dismissed, and I will
continue as contractor and there’s a declaration that the contract is valid and there was
no breach on my end. Subsequently, there was a problem with the elevator, so
dinemanda kami ulit ng jurists, me being the contractor and the subcontractors were
impleaded. Can the judgment on the validity of the contract as to absence of breach on
my part be revisited on the matter contract? Not anymore, that’s res judicata. But as to
the obligation of the subcontractors or my incidental obligation in the light of picking
these subcontractors, can it be resolved? Yes, because that is independent of the
mother contract.
 - A foreign judgment obtained from a foreign country cannot immediately be enforced in the
Philippines. Why? Totoong judgment ba yan, nabigyan ka ba ng opportunity to be heard, may
jurisdiction ba dun sa natalong party, nagcollude ba sila? All of these will be subject of a petition
for enforcement of judgment and because an action of enforcement of judgment does not look
into the value of judgment but the ability to execute it within the Philippines that is an action
incapable of pecuniary estimation and the court of original jurisdiction is the RTC.
o Kailangan ba na i-retry ang case sa Phil. at ipresent ang witnesses presented abroad?
No, because that it subject of a full-blown trial, that is already a final judgment. What
the Philippine court will have to ascertain is, may jurisdiction ba, may proper notice ba
on losing party, may collusion ba sila, mistake of fact/law, fraud.
o Take note that these affects only a foreign judgment enforcement. But when you talk
about arbitral award, it is not enforcement of foreign judgment, it is recognition of
arbitral award.
- What if ang nagkeclaim ng exempt from exclusion is a juridical entity, can the latter claim? SC
said that it applies only to an individual. Those who could claim to be exempt from execution, a
juridical entity is not included.
PROVISIONAL REMEDIES

1. Preliminary Attachment – can apply for attachment as long as the case is pending
Cases:
- Can you dissolve a preliminary attachment because they attached LGU properties that could
hamper the operation of the local government? SC held that you can dissolve an attachment.
You cannot attach that which is exempt from execution. You cannot hamper the operation of
the government.
- It is a settled rule that upon service of the writ of garnishment, the garnishee becomes a virtual
party or forced intervenor to the case and the trial court thereby acquires jurisdiction to bind
the garnishee to comply with its orders and processes. The garnishee need not be impleaded as
party to the case, all that is necessary for the court to lawfully bind the person of the garnishee
or any person who has in his possession credits belonging to him is service upon him of the writ
of garnishment.
- TN!: Sa lahat ng provisional remedies, may pagkakataon to dissolve.
- How will you dissolve/discharge:
o post a counterbond or cash deposit
o improper attachment – none of the grounds in the section is present
o irregular attachment – process was not followed
o bond is insufficient
o attachment is excessive – but up to the excess only; excess shall be released

Grounds for application of preliminary attachment:

- The fact that I’m recovering from you an amount of money does not give rise to a
ground for an attachment. That can only be possible if the debtor or defendant is about
to depart from the Philippines with intent to defraud.
- Misappropriation, embezzlement, misapplication of money, abuse of trust or fiduciary
relationship.
- When there is an action to recover possession of a real or personal property which has
been unjustly or fraudulently taken, detained or converted.
 - When the property or any part thereof has been concealed or removed to prevent it
from being found.
- Fraud in the performance of the obligation or fraud in contracting the obligation
- An action against the party who has removed or disposed of property with intent to
defraud the creditors
- The defendant does not reside or is not found in the Philippines.

Application for an attachment is ex parte (as part of an initiatory pleading) or upon motion. If ex
parte, at the time of the enforcement, at the very least must be accompanied by the summons,
or if the court wants, prior to the same, you do it.
- The SC said, it is the 3rd stage, meaning the implementation of the order of attachment
together with the writ, where the court should acquire jurisdiction.

An affidavit and bond are very important requirements for an attachment.

- When you file a petition, hindi naman kailangan na nakalagay na yung bond. All that you
need to say is that you’re able and willing to post a bond as may be determined by the
court
- Contents of the affidavit: state that it has one of grounds provided for in S1; that it has a
cause of action; that the amount appearing in the order whether you’re recovering a
sum of money or property is that equivalent to the claim above all legal counterclaims;
that there is no sufficient security.
- If your ground for an attachment is also your cause of action, the only way to dissolve it
is only upon a countebond.

Properties in custodia legis can still be subject of an attachment. Kapag real property yan, you
need to serve the Registry of Deeds with notice of the order and writ of attachment. Titled or
untitled property can be attached. Kapag personal property, they will take custody or seize such
personal properties. Interest in an estate which is under a litigation can be subject of an
attachment. Writ and the notice shall be served upon the administrator or executor and upon
the court in which the estate is being settled.

What if tapos na yung kaso? What will happen to those properties attached?
- Proceeds of all sales of perishable and other properties sold shall be applied to satisfy
the judgment
- By selling so much of the property, real or personal, as may be necessary to satisfy the
balance and all other credits in the possession of other persons
- If there’s still a balance, there will be an ordinary execution (R39)

What if ang ginamit na bond is a cash deposit, not a surety? It can be used to satisfy the
judgment under the direction of the court.
R57S20, damages, applies to injunction, receivership, replevin
- You can recover damages on the bond for irregular, improper or excessive attachment
- You could apply for it in the trial court, before trial, before appeal is perfected, before
judgment becomes executory. Kapag tapos na ang kaso, you can no longer recover the
damages.
- Case should still be alive or pending

** summons should be served prior to or contemporaneous with complaint, order of attachment, writ
of attachment
** there are also provisional remedies in criminal cases

2. Preliminary Injunction
- Just like preliminary attachment, it is an adjunct to a principal action
- Could be applied for in a prohibition, in an ordinary civil action or in a special proceeding if:
o there is a clear and unmistakable right
o there’s a substantial invasion or violation of a right
o that the damage to the injury is irreparable – hindi masukat
- Preliminary prohibitory injunction  whether to stop or to enjoin
- Preliminary mandatory injunction  to require someone to perform
- Application of an injunction is a part of a complaint
- EXAMPLE:
 A TRO was requesting, not the regular 20 days, but an ex parte 72 hours. The basis of an ex
parte 72 hours is that it is urgent and there is a great or irreparable injury.
o Only an executive judge can grant 72 hours TRO, walang hearing.
o If he grants it, remember that there’s yet no jurisdiction over the person of the
defendant, therefore at this point in time before this TRO is to be issued, the judge issue
the summons + complaint + notice of raffle + TRO for 72 hours and will be served by the
sheriff.
o The 72 hours starts to run upon issuance.
o In the next 3 days, magkakaroon ng raffle to be supervised by the executive judge. And
it could be assigned to any branch.
o The judge in the branch where it was assigned shall conduct summary hearings to
determine whether he could give the remaining 17 days in addition to the 3 days (72
hours) given by the executive judge
o If the judge did not act after the raffle, nagexpire ang 3 days, wala ng TRO.
o If the judge grants the TRO but allowed the 20 days to lapse, the TRO will not be in
effect anymore. The TRO cannot be renewed or extended.
o !! But in ADR, if there is a request to file comment, then the TRO that could be issued ex
parte can be extended. !!
 Hindi ka na humihingi ng 72 hours pero humihingi ka pa rin n TRO, so you’re asking for 20
days.
o The executive judge issue summons + complaint + notice of raffle
o The court where it was assigned shall conduct a summary hearing. And in that summary
hearing, the judge will determine whether he could issue the 20 days TRO.
 After the executive judge issue summons + complaint + notice of raffle and is assigned to a
court, the court shall issue an ex parte TRO for 20 days. It must be by reason of great or
irreparable issue.
  These 3 instances is only when there’s a multi sala court. Thus, in a single sala court, it is the
presiding judge who shall issue the 72 hours TRO

- Even if you elevate a case on a petition for certiorari on an interlocutory order or any matter
that you claim to have been issued by GAOD amounting to lack or excess of jurisdiction, the
court cannot stop with the proceeding. Why? For the simple reason that in the absence of TRO
or PI, there’s no reason for the court to stop the proceeding.
- If a judge, a court, a tribunal issues a PI against a board or officer, a court or a quasi-judicial
agency, it is incumbent upon the court that issues the PI to resolve the main case within a period
of 6 months from the issuance of the writ.
- How can we dissolve a PI?
o Upon affidavits. You have to convince the court that there’s no reason for the issuance.
So you will oppose the issuance of a PI. You will try to dissolve it by convincing the court
that there’s no clear and unmistakable right, no great and irreparable injury, no grave
injustice thru affidavits.
o You could have it dissolve or have it denied if you could show to the court that the
damage that you will suffer is far greater than that of the applicant.
o Insufficiency of counterbond is NOT a ground to dissolve but a ground to deny.
- SC held that you cannot stop or restrain a final and executory judgment by reason of a TRO or
PI.
- A judge cannot issue a TRO when there is no application for TRO.
- If an act has already been performed, it is already fait accompli. There is nothing more to stop.
Injunctive reliefs are preservative remedies for the protection of substantive rights and interest.
Injunction is not a cause of action in itself but merely a provisional remedy. When acts sought to
be enjoined has become fait accompli, the prayer should be denied.

3. Receivership
- It is the only provisional remedy that you could apply for even after the judgment is already final
and executory.
- It is important that it involves an interest in the property or fund subject of the action or
proceeding.
- Grounds:
o involves an interest in the property or fund subject of the action or proceeding and such
property is in danger of being lost, materially injured or removed
o it could be possible that there is a mortgagor-mortgagee relationship and there’s a
stipulation in a contract of mortgage of an appointment of a receiver
o after judgment, to preserve the property during the pendency of the appeal or to
dispose it according to the judgment or to aid in the execution if it is returned
unsatisfied
o when the court can appoint a receiver which to its mind is the most convenient and
feasible means of preserving, administering or disposing of the property
- the policy of the law when it comes to receivership is that until you really convince the court
that the property subject of the litigation is in danger of being lost, materially injured or
removed, then the court will not grant it.
- There are two bonds. Bond of applicant and bond of receiver. Bond must be under oath.
- SC held that, the trial court erred in allowing petitioner to assume receivership over the machine
shop of private respondent without requiring the appointed receiver to take an oath.
- How can you discharge appointment of receiver:
o When the other party post a counterbond in an amount fixed by the court
o If there’s a showing that there’s no sufficient cause for the continuation of the receiver
- General powers of a receiver:
o Can bring and defend an action in his own name as a receiver
o All acts of management and administration. However, he cannot invest in securities or
invest the properties without the approval of the court. Cannot file an action for or in
behalf of the assets that he represents being a receiver without leave of court.
- What if receiver neglects his duty? Liable for contempt, including value of the property that may
have been lost or damaged because of his neglect or refusal to perform his duties.
- In case as determined and ordered by the court may be punished for contempt and shall be
liable to the receiver for the money or value of the property. If there are people in custody of
documents, properties or books that is required by the receiver to perform his functions and
they refuse to deliver and they neglect to deliver they could also be held liable for contempt.
- If the appointment is terminated, there is now an obligation to settle the account.

4. Replevin
- For you to apply of replevin there should have been a wrongful detention of the properties. It
should not be deprived by reason of execution, attachment, distraint or levy
- Unlike the first 3, in replevin the window to apply is very slim. You can only apply for it at the
commencement of the action and before an answer.
- What if may answer na? What’s my remedy? Attachment, basta pasok sa grounds.
- Object of a replevin is a personal property. Property capable of manual delivery.
- In an action for recovery of possession of personal property with prayer for a writ of replevin.
- Who can file: owner of the property
- You must know the FMV of the property because it will be basis for the amount of the bond.
- The bond shall be double the value of the property
- Counter bond should also be double the value of the property
- Replevin vs Attachment
o In attachment, real property, personal property, shares of stocks, royalties,
commissions, deposits, interest of the estate, anything that the court can have custodia
legis. Attachment is not directed on a particular property.
o In attachment, the court takes control custodia legis, kukunin ni sheriff, hawak ng court.
In replevin, sheriff takes it with the use of writ of replevin, holds on to it for a period of 5
days.
o In those 5 days, the person who has been deprived, the defendant, will post a
counterbond. So if he can post a counterbond equivalent to the value of the bond, the
sheriff will have to return the personal property. But if there’s no counterbond, he could
immediately turn around after the lapse of 5 days and deliver the personal property to
the applicant.
- If you question the sufficiency of the bond, you cannot effect immediate release.
- You cannot apply a replevin if the detention is lawful.
- Contents of affidavit:
o That applicant is the owner of the property claimed, particularly describing it, or is
entitled to the possession thereof
o That the property is wrongfully detained by the adverse party, alleging the cause of
detention thereof according to the best of his knowledge, information, and belief
 o That the property has not been distrained or taken for a tax assessment or a fine
pursuant to law, seized under a writ of execution or preliminary attachment, or
otherwise placed under custodia legis, or if so seized, that it is exempt from such seizure
or custody
o The actual market value of the property

SPECIAL CIVIL ACTION

1. Interpleader
- There are conflicting claimants on a subject matter, property or a fund.
- The person who is in possession of the subject matter has no interest or if he has an interest, his
interest is not disputed by the claimants or not inconsistent with the claimants
- If there’s a complaint for interpleader and the court sees that this is a proper case for
interpleader, the court will issue an order requiring the parties to interplead.
- Can file motion to dismiss based on the 4 grounds and on the ground of propriety of
interpleader
- If your remaining period after filing a motion to dismiss is less than 5 days, you have 5 days to
file an answer. Unless it’s a motion to dismiss in an interpleader or unless it’s a BP that 5 days
will not apply to any other provision.
- Period to file an answer here is 15 days.
- Plaintiff will pay the filing fee but that will be a lien on the judgment award. Meaning the
winning party as against the claimant will have to pay the plaintiff first the docket fees he had
advanced. It will constitute a lien or charged upon the subject matter.

2. Declaratory relief and other similar remedies

- This is an action where there is no breach primarily
- The action of declaratory relief should be instituted in the RTC because it is incapable of
pecuniary estimation because there are no claims for damages because there is no breach yet.
- You ask the court to determine the validity of the law, ordinance, will, deed, written instrument,
and determine the terms and conditions thereof.
- The requisites of a petition for declaratory relief are:
o There must be justiciable controversy
o Controversy must be between persons whose interests are adverse
o The party seeking the relief has a legal interest in the legal controversy
o The issue is ripe for judicial determination
- Parties would want to determine the applicability of a particular rule. Even if there is no actual
controversy yet, they would want the court to determine the rights of the parties. And that is
the nature of the declaratory relief
- Other similar remedies: reformation, removal of clouds or quieting of title, consolidation
- Reformation  there should be mutual mistake of the parties and you would want the court to
reform a written instrument or a contract. RTC has original jurisdiction.
- If it’s purely quieting of title or removal of clouds, the action should be instituted in the RTC
- Consolidation  pertains to a pacto de retro sale. Judicial consolidation. RTC
- In declaratory relief, at the onset there is no breach, but while the action is pending,
nagkabreach, the law or contract was violated, wala ng declaratory relief. The case will not be
dismissed, but there will be conversion of the action from a special civil action to an ordinary
civil action. You need to file filing fees for claims for damages.
3. Review of decisions of COMELEC and COA  petition for certiorari under R64
- You will not go to any other court but the SC
- Period to file is within 30 days
- Period cannot be extended
- If MR is filed, it interrupts the running of the reglementary period for 30 days and you are left
with the remaining period
- If your remaining period is less than 5 days, in all cases you have 5 days

4. Petition for Certiorari, Prohibition, Mandamus R65

- It could be a tribunal, board or officer
- Concurrent jurisdiction of RTC, CA, SC
- Period to file is 60 days
- GR: no extension of period; EXC: jurisprudence allows for a compelling reason
- If there’s an MR, you have a fresh period of 60 days
- Directed upon government agencies, public officers
- Nature of CPM
o Certiorari
 Requisites: 1. GAOD amounting to lack or excess of jurisdiction; 2. there’s no
appeal or a plain, speedy or adequate remedy
 Not a remedy of lost appeal
 Period to file is 60 days
 What matters could be corrected: judicial and quasi-judicial
o Prohibition
 Requisites: 1. GAOD amounting to lack or excess of jurisdiction; 2. there’s no
appeal or a plain, speedy or adequate remedy
 Period to file is 60 days
 Applies to judicial, quasi-judicial and ministerial
o Mandamus
 In mandamus, there is a law that requires you to perform. That’s why it requires
compulsion. But the compulsion here is by reason of law.
 Rooted on the law that requires its performance
 Period is 60 days
 Ministerial only

- If it’s quasi-judicial agency whose act is in question it should be filed with the CA, unless there’s
a law to the contrary.
- You have to implead the respondent government agency. Although they may be nominal
parties, you will have to implead them. They don’t need to respond or answer unless the court
orders them to answer
- What is the proper remedy to assail the Ombudsman decision absolving the respondent of a
charge in the administrative case? – A decision of the Ombudsman in administrative cases is
executory. No appeal or plain and speedy remedy. Ang remedy mo is R65 with CA.

5. Quo warranto
- RTC, CA, SC
- If in RTC – residence of the respondent
- If Sol. Gen. will institute – RTC of Manila
- Primary party that could institute the action is the government because it’s the government that
gives the privilege, the right to hold your office, that allows you to incorporate as a corporation
in this country. Principal party who files the QW is the Republic of the Philippines
- Grounds:
o Usurpation or intrudes or unlawfully holds a public office
o By reason of the act you are deemed to have forfeited the office
o An association as a corporation within the Philippines without having been legally
incorporated
- How should it be instituted?
o By Sol. Gen. or the public prosecutor if directed by the president
o Upon a sufficient complaint, the Sol. Gen. sees good reasons to institute the action
o By Sol. Gen. or public prosecutor if upon the relation of another person
o By an aggrieved party when he claims to be entitled to the office
 Can only stand so long as there is a showing that he is entitled to the office, the
very moment that it appears that he is not entitled to the office, the action
would have to be dismissed.
- What if a person is declared to be entitled to the office, what is his duty?
o He has to demand all books and documents that may have been in the possession of the
usurper
o He has to be placed under oath and post a bond declared by law
- If the person to whom a demand was made and refuses to deliver the books, papers and
documents, that person could be declared in contempt
- Prescriptive period: 1 year from discovery of the cause
- You can recover damages for having been deprived of your office. Can be instituted within 1
year from entry of judgment.
- Serreno Case: The SC has explained that if it pertained to his actions while already in office as a
CJ, that can’t be subject of a QW
o However if it pertains prior to her holding office to the minimum requirements expected
of her to submit, then if that seem to be compliant and will disclose that it is not
reflective of her integrity to sit in office, then that could be subject of QW
o You will have to look at it when did the ground arise. If it’s a ground that arises after the
holding of office, then it could only be impeachment. But if it pertains to the minimum
qualification that should have been present prior to her appointment, then that could
be subject to QW.
- A corporation acting as such association when in fact it’s not duly authorized to act as such as a
corporation or not duly licensed by SEC, SC has declared that if there’s a corresponding
legislative franchise, it is not only required that you have an authorization or an incorporation
with SEC.
- When there’s a failure to comply with a legislative franchise which is a law to comply with it in a
certain period of time, the right to perform, the right to act as a corporation based on the
franchise is put to question. Therefore, the proper action is a QW.

6. Expropriation
- Filed with RTC
- Deals with a public purpose
- Taking of a property upon payment of just compensation for a public purpose
- There must be a necessity of public character
- The ascertainment of the necessity must precede or accompany not follow the taking of the
land. There should first be determination of the necessity of a public character before the taking
of the land.
- National Government expropriating is a superior power of the government. But the power of
local government is inferior that’s why it requires an ordinance, not just a resolution.
- Who can expropriate: government or any of its instrumentality that includes LGU
- Defendant: owner of the land or those lawful occupants or possessors
- Government can take immediate possession of the land but they have to pay the assessed value
of the property for purposes of taxation, idedeposit nilasa government depositary bank
o What if LGU? – pwede din. Magdedeposit din sila to take immediate possession but that
is 15% of the FMV of the property.
o What about if it’s a national government infrastructure project? Pay the proffered value
- Even before expropriation, the government should have made an offer to purchase.
o If it becomes unsuccessful, there the govt can file expropriation suit
- If you don’t object to the expropriation or you raised no defense to the action, file ka lang ng
manifestation or entry of appearance
- If you object, you are to file an answer
- Order of expropriation is not subject of petition for certiorari. Proper remedy is record on
appeal. Period to file is 30 days.
- Govt can change its mind before the order of expropriation.
- SC held that expropriation proceeding can be dismissed at the instance of the petitioner on the
ground that public use no longer exist
- Personal property can be expropriated
- 1st stage – expropriation stage; 2nd stage – determination of just compensation
- Determination of just compensation is a mandatory stage
o There should be atleast 3 disinterested commissioners
o These commissioners will have to submit a report
o Once submitted, the court will serve upon parties
o Parties be given 10 days to comment
o Upon expiration of the period, court can act whether to accept it, reject it, accept a
portion, reject a portion, or to recommit it.
- The court can determine ownership for purposes of expropriation but it is only a provisional
determination. Just compensation be delivered to the court.
- Just compensation = consequential damages – consequential benefits
o In no way will the CB exceed the damages
- The recording of the judgment on expropriation shall vest upon the plaintiff the title to the real
estate so described for such public use or purpose
- What if nakuha na nila yung property, there is already excavations, demolition, etc., can you
recover from the govt? – of course, you can recover damages from the govt activities
- What if final and executory na, and walang pambayad ang govt?
o Natl govt agency – There should be proper appropriation in law
o LGU – there should be an allotment of fund
o What if wala, can there be a return? SC has held that after a lapse of 5 years on the LGU
level and there was no payment of just compensation, return was allowed.
- Can there be execution pending appeal in expropriation case? No, because the funds of the govt
have already been earmarked for a year. And therefore, the activities operations of the govt
agencies cannot be hampered by an execution pending appeal.
7. Judicial Foreclosure
- In judicial foreclosure, there is an action in court; in extra judicial foreclosure, you have to file a
petition. Petition is filed in the office of COC, ex officio sheriff, under the leadership of the
executive judge.
- In EJF, you file a petition, pay the necessary fees, pay the publication, cause the publication and
then there will be a public of foreclosure sale
- In JF, there’s a complaint, answer, PT, trial and there is judgment. Any judgment on JF can still
be subject on an appeal.
- In JF, redemption period is the equity of redemption; in EJF, redemption period is 1 year
- What if there was a foreclosure sale and there’s still a balance?
o JF, junior encumbrancers are entitled to the balance and if there is something left, it will
be returned to the mortgagor
o EJF, does not apply here. The junior encumbrancers or whoever has an interest has only
the right to redeem within a period of 1 year.
- How about deficiency? Kulang noong nabenta na lahat
o JF, file a motion
o EJF, file action to claim deficiency
- Venue?
o JF, where property is located
o EJF, actual sale shall be in the place where property is located
- You need to pay filing fees to effect an EJF. You can pay it anywhere as long as all of those
properties are actually covered. But as of the sale, it can only be effected in the place where the
property is located
- GR: Redemption period cannot be extended
- EXC: if there is an issue as to the redemption period itself, as to its effectivity, an action was
instituted, it could be interrupted. But that should be in good faith
- Not only is the intent to redeem necessary but also to tender payment. Intent to redeem and
tender of payment should take place within a year. There are times that there’s a question or a
dispute or a disagreement on the redemption price. So, the only instance that that 1-year period
is interrupted is if there’s a judicial action solely for the determination of the redemption price.
That period will be frozen or interrupted.
- SC held that an action for judicial redemption should be filed on time and in good faith. The
redemption price is finally determined and paid within a reasonable time and the rights of the
parties are respected.

8. Partition
- 2 stages of partition: 1st stage – determination of co-ownership; 2 nd stage – to partition
- Can be judicial partition or extra judicial partition
- In JP, all co-owners are indispensable parties
o If the parties agree, if the parties stipulate among themselves as to how they will
partition the property, then there will be a compromise judgment in terms of the
partition, on how they will divide the property.
o If the parties do not agree, the matter will be referred to a commissioner. Unlike
expropriation where the stage in the appointment of commissioners is a mandatory
stage, in JP, it is not a mandatory stage. Appointment of commissioner will only kick in if
parties do not agree.
 o If partition is impossible because of the nature of the property, the property will then be
sold and the proceeds be divided among them
o A certified true copy of the judgment should always be registered with RD
- In EJP, covered by R74
o There’s no will, no debts, if there are minors, guardians are appointed for them or court
will appoint guardian ad litem for them
o If mag-isa lang ang heir, affidavit of self-adjudication
o If there are more than 1 heir, they could agree among themselves to partition it in a
public instrument, a notarized instrument
 It should be published in a newspaper of general circulation
 If there are personal properties involved, there is a requirement of a bond to be
posted with the RD
o Within 2 years from distribution, the heir who was excluded from the partition can
question it
- What if in a JP, the parties agree, then nagkaroon ng judgment, should the judgment be
published? – if there is an agreement in an action for partition (the parties agree on how the
property will be partitioned) that would likewise require a publication.

9. Forcible entry and Unlawful detainer (ejectment suit)

- UD – there should have been demand, in the absence of demand, case will be dismissed
o Demand shall contain “pay AND vacate” of “comply AND vacate”
o If the person whom demand letter is to be served is not in the premises, the demand
letter would have to be left in the premises within a period of 15 days in case of land, 5
days in case of building
o The lessee should comply within 15 days in case of land from receipt of demand, if
building, within 5 days
o 1 year is counted from last demand letter, not the reminders, not the follow ups
o If merely by tolerance, hindi na kailangan ang demand letter, the very moment na
kailangan mon a is you just have to require him to return him to you
- FE – within 1 year from dispossession
o There should be allegations of force, intimidation, stealth, threat, strategy (FISTS)
o You have to establish prior physical possession
- If lumampas na ang isang taon, you could still file an action to recover possession
- FEUD always with MTC where the property is located
- Complaint can dismiss outright
- 10 days to answer
- No answer, court can already render judgment motu proprio
- You cannot file motion to declare defendant in default but you can file a motion calling the
court’s attention
- From filing of last pleading, there will be PC  at this point in time, if the court is convinced that
it could render a judgment, it can render judgment
- Within period of 10 days from issuance of PC Order, parties will have to submit their judicial
affidavit and position papers
- Within period of 30 days, the court will already render judgment
- MR is a prohibited pleading
- What you can file is notice of appeal
- Judgment in the MTC is executory. Pwede mong pigilan by filing notice of appeal, pay docket
fees and post supersedeas bond within the reglementary period. The supersedeas bond would
cover for the arrears.
- If you want to continue with your possession, you would have to deposit with RTC your monthly
rentals for the occupation of the property so that you could stay execution while your appeal is
being determined.
- If you can no longer pay for your rental, expect a writ of possession. Without prejudice to the
continuation of your appeal. Except that the possession during that period of appeal will
continue now with the lessor.
- Decision of RTC is executory. But cannot be stayed.
- If gusto pa ding pigilan, get TRO from CA.
- You can file preliminary mandatory injunction within 5 days from the commencement of the
action or the filing of the complaint; can also asked for it in RTC once appeal is perfected
- Court can make a provisional determination of ownership
- Case: UD MTC case, it was appealed to RTC then there was an expropriation case by Transco
(pub utility corp), court dismissed UD and the appeal. Tama ba yun?
o SC has held that any action to compel a public utility corporation to vacate the property
is unavailing. The landowner is denied the remedies of ejectment and injunction for
reasons of public policy and public necessity as well as equitable estoppel.
o The proper recourse is:
 To dismiss the case without prejudice to the landowner filing the proper action
for recovery of just compensation and consequential damages
 To dismiss the case and direct the public utility corporation to institute the
proper expropriation proceedings
 To continue with the case as if it were an expropriation case and determine the
just compensation and consequential damages

10. Contempt
- Direct contempt
o You commit an act of disrespect or disobedience in the presence of the court or the
judge. In the presence or so near the judge.
o Summary
o Wala ng notice and opportunity to be heard
o Penalty by inferior court – fine not exceeding 200 pesos or imprisonment not exceeding
1 day
o Penalty by RTC or higher – fine not exceeding 2k or imprisonment not exceeding 10 days
o Remedy: cpm
- Indirect contempt
o Instances:
 Violation of a writ, order or process of the court
 You have been required to vacate, dispossessed, or ejected from the premises
but you attempt to return or induces someone to enter into the premises and to
disturb the possession
 Any act of misbehavior of an officer of the court in the performance of his duties
 You tried to impede or obstruct directly or indirectly the administration of
justice
 Failure to comply with subpoena
  Assuming to be an attorney or an officer of the court and acting as such without
authority
 Rescue or attempted to rescue a person or property in the custody of an officer
by virtue of an order or process of a court held by him.
o There is notice and hearing
o Penalty by inferior court – fine not exceeding 5k or imprisonment not exceeding 1
month
o Penalty by RTC or higher – fine not exceeding 30k or imprisonment not exceeding 6
months
o How to initiate:
 by the judge motu proprio upon a formal charge. Court will require you to
explain within 24 or 48 hours why you not be held liable for IC
 upon a verified petition filed and docketed separately. You cannot file motion
for IC.
o Remedy: appeal
- Per jurisprudence, your fine or violation would be for every count
- Judgment is executory
- To stop it, you will have to post a bond
- Civil contempt – disregard of the order of the court is directed against the party
- Criminal contempt – an offense or a disobedience or a disrespect to the authority of the court
o Dismissal amounts to an acquittal
- If quasi-judicial agencies or entities have rules on contempt, there rules would have to prevail
o In absence of an internal rule on contempt of such quasi-judicial agency, then this rule
will have to apply. In that case you are to file that petition to hold him indirect contempt
in the RTC of the place where the contempt was committed.