March 03, 2022

Everything you file in court, you furnish also the other party.

Answer to the complaint should be filed 30 days after service of summons.

Default (Section 3, Rule 9)

What are the requirements to declare defendant in default?

1. A motion;
2. Proof of the failure of the defendant to answer (based on court record);
3. Notice to the defendant (furnishing him a copy of such motion)

Can the court moto proprio declare a party in default?

No. The rules explicit provide that a motion from the plaintiff is required to declare defendant in
default.

If motion is granted, would judgment there and then follow?

No. Defendant may avail of the remedy through a motion to set aside order of default. Pero
required nga grounded on FAME + naa ka Meritorious Defense.

Let us say that you alleged FAME, how do you substantiate?

By presenting evidence through judicial affidavit and explain there your FAME.

There is a MTDD in D then defendant alleged that he was not given a copy of summons, if
you are the court, would you grant it?

No. kay i-allege na mana nimu diha sa proof of failure nga naka serve kay defendant.

Supposed the motion xxx signal lost.

What is judgment by default?

Judgment rendered by the court after the defendant is declared in default.

If naay Order of default, naay two choices si court, either to grant the relief/s prayed for by
the plaintiff or to still require plaintiff to present evidence ex parte.

IF ORDINARY CIVIL ACTIONS - RULE 1 to RULE 39

CIVIL PROCEDURE

Let us look the syllabus for 2019 BAR EXAM

Substantive Law vs Remedial Law

Substantive Law – Source of our rights

Remedial Law –
Rule Making Power of the Supreme Court

SC’s power to amend the rules, issue guidelines

Principle of Judicial Hierarchy

Remember that SC has concurrent jurisdiction with other courts in cases of certiorari, prohibition
and mandamus, you can’t still file it directly with SC because we must observe judicial
hierarchy.

Jurisdiction

Jurisdiction is conferred by law, not subject to stipulations of parties.

DOCTRINE OF NON-INTERFERENCE OF JUDICIAL STABILITY

Other branches of the government cannot interfere with the judiciary.

Classification of jurisdiction

Original -

A petition of certiorari can be filed with RTC, CA, Sandinbayan or to SC. But if the subject
matter of petition of certiorari came from CA, COMELEC, COA or SANDIGANBAYAN, then
the orig. jurisdiction thereof is in SC.

RTC has orig jurisdiction.

PRINCIPAL amount is determinative of the jurisdiction not the interest, damages or attorney’s
fees.

Continuity of Jurisdiction

The law conferring jurisdiction is sometimes amended. Does it mean that the court loses its
jurisdiction if it conflicts with the new law? No. Once jurisdiction attaches, it continues until its
termination.

JURISDICTION vs EXERCISE OF JURISDICTION

This refers to the error of judgment and error of jurisdiction.

Error of judgment – remedy is – appeal.

Error of jurisdiction – remedy is – petition for certiorari.

Not all civil cases that passes through barangay conciliation are cognizable by MTC.