“\$4,40 amsda remedial Law Review: Chill Procedure and Appeals ruc rs sunsorcnow ‘sau cans flea (RULE 2 CAUSE OF ACTION ULE 3 Pastis To ct ACTONS x [RULE 4 VENUE OF ACTON [RULES UNFORM PROCEDURE WTRAL COURTS RULE 6 KOS OF PLEADINGS [RULE 7 PARIS OFA PLEADING ‘RULE BANNER OF MARIN ALLEGATIONS IN PLEADINGS ULES EFFECT OF FALURE TO PLEAD ULE 40 AMENDED AND SUPPLzENTAL PLEADINGS [RULE WHEN TO LE RESPONSIVE PLEADINGS IRULES2 But OF PARTICULARS FULTES Fi AND SERVICE OF PLEADINGS JUDGMENTS AND OTHER PAPERS uuete sunansons % RULESSMOnONS. ‘RULE 6 wonoW TO Dies RULES? DSMISSALOF ACTIONS RULE 25 PRETRAL (RULE9 aTERVENTION IROLE26 ADWISSIOW BY ADVERSE PARTY [RULE2? PROOUCTIN Of NSPECTION OF DOCUMENTS OHS IOLE2S PHYSICAL AND MENTAL EXAMINATION OF PERSONS Invte29 nerUsAL TO QOMPLY Wit MODE OF OSCOVERY ‘RULE 20 RAL RULE 3t CONSOUDATIONOR SEVERANCE (RULE 32 TAL COMMISIONER ‘RULE 33 EMURRER YO EOONCE ron Fone nse ma son noes on ren CEOS Ite aon sesacTow AD Cr efomnacr fencer ares 5 aiadanedideni ‘tesa dork tna bmi cours farted nomcrceatr a Mines apn aeenro ces Rocca A) nae ts x ett rOR Re EW FROM THEREGIONAL RAL COURTS" THE COURT OF APPEALS 7 aera fond Te COURT OF TAXADPALS AMO CUASHUDKDA ASENCRS TO THE COURT OF APPEALS RULE 4S APPEAL BY CERTIONAR TO THE SUPREME COURT PROCEDURE INTHE COURT OF APHEALS RULE AG ORGINAL CASES RULE 42 REINA CONFERENCE BE THE CA ULE 9 OL ARGUMENT ULE SO omaSSALOF APPEAL nuesiucouert = [RULE S2 Moron FOR RECONSIDERATION RULES NEW TAL [ROLES PUBUCAION OF JUDGMENTS ANO EAL esOULTION RULE? evIAtENT OF JUDGMENTS OR FNAL ORDERS AND RESOLUTIONS Mickey Ingles ‘4C Aaeneo Law 2012 ‘Ai Trongt (and some stuff from Atty Guevara); Uodated: March 4, 2013 BERMAN RNSARAQBSRASAERELEREOoouN EERERBSSESEE Ewgeeseeeganse ESEESam+do Remedial Law Review: Cull Procedure and Appeals + This reviewer is based on Atty. Tranquil Salvador’ lectures, stuff from Atty. Guevarra, Glenn ‘Tuazon's brilliant lecture notes, cases, and Feria-Neche’s book. (No Rlano since I left it in my locker) ++ Good luck! rey reba (imane res: Te Ronee tparant Payer of coda Toes sa ol mandtory, DoE URISDICTTONAL {Know the tue nature ofthe ston because al determine the docket fees. So take note ofthe : facts ofeach cane. seen AS Semg 0. Hemay seem tke a cancelation of deed of sole, but it can utimately be one for the ututets recovery of property, making it a real action. (Ruby Shelter v Formaran Ill, 2009) reamed-e soy didet goa | "a. For example: Ifthe action is for the canceletion of a deed of sale and the tiles fs Cola net on tty have already been transferred to another party, that’s 2 veal ection because the 1 er geOn & ered timate purpose Is the recovery of real property. (that’s what happened In Ruby + Ragan hy ceo CEL Ty een an Sheiter) Rob. Wee ay cert s °F the tiles have not yet, been transferred, It can be considered as 2 dan edged personal action. (Spouses de Leon clted In Ruby Shelter) nig ea: pany © DoXket fees to be pal: Tiudchan't wacerend venue ° Real action: depends on the FMV stated in the current tax dectaration or current zonal velxe valuation of the BIR (whichever is higher), or if there Is none, the stated value of the REISE G prtsey two: property In Itigaton + nee YE cote ‘© Cases involving actions incapable of pecuniary estimation: fat rate watts oe * Docket fees computation include interests, penalties, surcharges, damages of whatever kind, bab eves ees cat enpuans oeette 2) (en barge toned at 2005) Sree tas 'S the pai fist pay te docket fees for sileged intrest payments accruing before ‘Fo the complains fled, paw cannot recover such (Paton, wherein 8 certain period of Piduiace wank gm Interest payment wes elleged But the coresponding docket fees pertaining to Sach was 1 ay Goel conned fHediohon not paid) ‘0 Important: Compare with amount for juredictional purposes: only the principal cai is he Ted tuog to FF considered. EXT wer Seuss “5 Te is the duty of the parties claiming such damages to specify the amount sought on the basis of aos which the court may make a proper determination and for the proper assessment of the appropriate fees. Yedtotg, © The damages sought must be placed in the PRAYER of the complaint. (Philippine First Insurance v Pyramid Logists, 2008, wherein Pyramid amended their complaint and stl pent a not pu the eroges sought. the payer. I as 3 ign f ba ath on her gr.) Biase & ‘On tnjention 0 * If not, the complaint will be Sheva * _Tethe pleading epeciies the lam, Dut the fees paid re insufcent, the court.may Fe wae Whig men allow a reasonable time for the payment of the. prescribed-tees, or the balance Auto ammcanee Gend\) thereof. * Weieiphe polo —cthe whey ap acts * Example: Ifthe party fling the case pold less than the correct emount for “Suid cervical Comper) tte docket fees because of the wrong assessment of the clerk of court, t= vegehantory fond = feed de cayeting Cente) responsibilty of making a deficiency assessment les with the seme clerk. ing, Mier -eeqeon ‘roscceny, Party cannot be penalized for such, so court will continue to have id over Rec the case, But party wil stil have to pay the fees (Mentaner v Shara mg sombre # District, 2008) Sgt rend Waagodetg e+ Tis al happened In Baus, Urangst (2008) which nave the SF tees cna! deficient assessment in the Court of Appeats. SC salé that It was not the SP imated ie ea iy ote es een cong eget a 9, "Ral So 7, Cet of Regina Ti Cw er they oe a) ering anaron rs prs OR COMPULSORY cou in, CROSS-CLAIM oman amount ne wl eco ignent an, judgment, o¢ for filing a third-party, fousth-party, etc. compiaiat, or a conmplaint-in-intervention, ifthe total sum claimed, INCLUSIVE OF ado aul wo} —_RERESTS PENA TES, SURCHAROES, DAMAGES OF IIATEVER KIND AND ATTORNEY'S FEES LTIOATION EXPENSES vest {AND COSTS arin exe De FAIR MARKET wn REAL pop Higa STATED INTE CURRENT fs Linkvel scape shit, TAX DECLARATIONOR CURRENT ZONAL VALUATION OF THE GUREAU OF INTERNAL REVENUE, WHICHEVER Is HIGHER, ion hortinge ne © ORIFTHERE IS NONE, THE STATED VALUE OF THE PROPERTY INLITIGATION OR THE VALUE OF THE PERSONAL 3 PROPERTY INLITORTION AS ALLEOHD BY THEGLATIANT ok TST Petey toes 2 ban ‘tC astnes tw 2012 ey rgsecs? ly Taal came stom Ay Glover) end: March 4,203 wp aap ier Me AuswR 9 oY Ia 2) tep.2) FS teaMAl Sootyam+do Remedial Law Review: Civil Procedure and Appeals. appellant's fauit but he still has to pay the deficient fees within the reglementary period. (since it was on appeal) ‘© Exception: no need to place the amount sought if the damages arise AFTER the filing of the complaint since you wouldn’t know how much that would Be ‘= Computsary counterclaims and crass-clalms must now pay docket fees. (see footnote 1) ‘© This, however, has been SUSPENDED at the moment. So, at present, no docket fees are required for compulsory counterclaims and cross-claims.. = GR: docket fees must be paid when you file the complaint. (clerk will look at prayer and then determine how much you have to pay.) © Exceptions: ‘If the damages arose AFTER the filing, the additional docket fee will serve as a flen (on the judgment ‘Like interests accruing after the fing of the complaint (Proton v BNP) «If the complaint is amended and new damages are alleged, the additional docket t fee will be allowed to be paid within a reasonable fime within the applicable prescriptive period or reglementary period (Tacay, cited in Philippine First) If the clerk makes @ wrong assessment, the full amount must be paid within the, ‘applicable prescriptive period or reglementary period. ‘+ Recipients of the service of the National Committee on Legal Ald ahd of the Legal Aid offices of the {BP are EXEMPT from payment of fling, docket fees. (Re: Request for NCLA, 2009) ‘© This exemption. does NOT. apply to juridical-entitids, even if these “tities af formed for charttable purpeses or make extremely delectable ube jam. (Query of Mr Roger Prioreschi of the Good Shepherd Foundation, AM 9-6-9-SC) (umisorersow I a arse Se re caret taro naa cre 2 emesis Crees Court knows if it has jurisdiction based on the allegations of the complaint. (Villacastin v Pelaez, 2008, where the SC sald that the allegations of a complaint made out an ejectment case so the MTC, ‘and not the DARAB, had jd over the case even Ifthe case was over agri land since It was not an agrarian dispute anyway.) ‘+ The jurisdiction of a court may be questioned at any stage of the proceedings. No estoppel. It is the duty of the court to dismiss an action whenever it appears that the court has no jurisdiction ‘over the subject matter. (Vargas v Caminas, 2008, where jd was questioned before trial court decided) ‘© _ EXCEPT: laches (Tijam, where é was questioned only after 15 years) + For a court to properly exercise jd aver a case, the requirements of law must be complied with. © Hence, when a RTC takes cognizance over an indirect contempt case fled through an unverified motion (and not through @ veried petition with a certificate of non-forum shopping as required by Rule 74), the RTC has gravely erred.” © | Camrthe Sc-create special courts? * + "eNO. It-can.only. designate. It can’t:confer Jurisdiction, only law can do that. $G.can-only designate which courts will become, special courts. + IMPORTANT: in determining jursaiion, you do NOT Indude damages, interest, attamey'sfes, 5 only lit the amount to the demand or the claim. ‘But, of course, if your action 1S for darhages, then-the-amount'of damages clalmed {s determinative (© The interest to exclude is the accessory Interest. Not the loan interest. “4 huts 71, Sec 4: ow proces commend. — Proeeding ft niet cote my bend mot propio byte cou galt whi te canter was commie by a rer ray oer fra carpe reuring te wesyue 0 sbow case wy be bold be pie or ‘cate Tal etc cases, charges fer indict conten sal bconmence by ver ein with spring prclc and eid re copie of Aicuneas o gaps ivelved tert snd Upon fl congiance wih he oquernt fr ling ry Bang for Cl scons oe ‘raceme Ifthe one np charge arn ou of or area icp ac pending ae core ein for coral alge hat fit bet aid pion ul be docked, ard ud eid spay, aes out in isco nS he nsdn ie one {hare nd he perp acon oot ering and dion (0). 5 amples of ether sei cou: Drugs cour, Ensue our, Come court, IP cout Mickey Ingles 3 ‘4c Ateneo Law 2012 ‘Atty Tranquil (and some stuff from Atty Guevarra); updated: March 4, 2013am+dg Remedial Law Review: Cll Procedure and Appesis + Example: The case Is In Pampanga. The promissory note Is for P298,000 with Interest of 10% per annum, where do you file the collection sult for this? ‘© In the RTC of Pampanga. The cause of action revolves around the entire promissory note. . MT © Original and exclusive ‘= Opposite of RTC + Bjectment/unlawful detainer Regardless of value ‘+ MTC can determine ownership provisionally = RTC (© Original and Exclusive = Amount incapable of pecuniary estimation ‘* Can NOT be measured in money ‘+ Depends on the napure of the action ‘0 Where the basic issue Is something other than the right to recover 2 sum of maney, where the money dalm Is only incidental or a ‘consequence of the principal reliet sought, the action Is incapable ‘of pecuniary estimation. (FEBTC v Shemberg, 2006, where the SC hheld that an action to cancel mortgage for want of consideration is Incapable of pecuniary estimation) © Examples: rescission, reformation of contract, specific performance © What about expropition? Aja wih RA whether personal or ‘eal rope, regarles of vata eros i on the exer of 2 Wi carat rete RTEDcee wen thee san se of conatuanaity, Scan What about support? Family courts, regardless of value. + Chul actions involving title to, or possession of real property, or any interest therein, where the ASSESSED ‘value of the propeity Irvoived exceeds P20,000,00 ‘oF exceeds P50,000 IF in Metro Manila* ‘© EXCEPT actions for forcible entry and unlawful detainer (original Jurisdiction over which is conferred upon the MTC, MeTC, MTCC) + Assessed value is the worth or value of property established by taxing authorites on the basis of which the tax rate fs applied. (vale de Barera V Heirs of Legaspi, 2008, which was a accion publiciana case) . tn all actions tn arity and’ martme juredcion where the gemand or dim | ‘exceeds P309,000.00 or, in Metra Mania, exceeds P400,000.00 *”RICactingin general NO special maritime courts In all matters of probate, both testate-and:Intestate, where the gross value of the ‘estate exceeds P300,000,00 or, in Metro Manila, exoseds P400/000:00 ‘© What if the value'of the estate Is 100k, the MTC has jurisdiction over that, right? But will ¢ be subject to summary procedure? ‘© No. OF course not. Probate cases always under ordinary procedure since you have to determine the due execution of the wil. ‘© Summary procedure rules explicitly exclude probate proceedings. + nail actions involving the contract of marriage and marital relations ‘* Uke support; annulment, nullity, + Courts wiltact as Famity courts, special jurisdiction. + mall cases not within the-exclusive jursdiction of ny curt, tribunal, person or body exercising jurisdiction of any court, tribunal, person’ or body’ exercising Judicial or quasi-judicial functions ‘© So juvenile, agrarian cases + Other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property In Controversy exceeds 300,000, or in Metro Manila, exceeds P400,000 ‘+ Those under the securities regulation code “So ifscioa pcan case nd os han P50, 00 a Man Sle wt ITC Mckay tales CAttoco tow 2012 4 ‘ey Trangul (ond some sft rpm Atty Guevara); updated larch 4, 2013,amsdg Remedial Law Review: Civ Procedure and Appeals + Cases involving devices or schemes employed by the corporation ‘amounting to fraud + Intra-corporate or partnership relations + Controversies in the election or appointments of directors, trustess, officers, ete Suspension of payments, etc © Original and Concurrent (see SC and CA) © Appellate * Cases decided by the MTC; etc + Court of Appeals © Original and Exclusive = _Anul judgments of the RTC based on extrinsic fraud or lack or jurisdiction © Concurrent with the SC * Petitions for the issuance of writs of certiorari, prohibition and mandamus against the { + NLRG, CSC, RIC © Coneurrent with the RTC and:SC "Habeas corpus, habeas data, writ of amparo, quo warranto, certiorari, mandamus, rohibition vs lower courts ‘+ In Thornton, 2004, a writ of habeas corpus was filed with the CA. There only within thelr territoril jurisciction.) + When it comes to concurrent jurisdiction, always remember the rule on hierarchy of courts. If you can file with the RTC first, then go ahead. Once 3 oUF acquires jd, it excludes all other courts, © Appellate ‘+ Over RTC Exercising original jurisdiction + By ordinary notice of appeal (If question of fact or question of fact and law) + If Dure question of law in the RTC, go straight to Sct * Over RIC exercising appellate jurtsaiction over the MTC: * BY petition for review, even If pure question of low + Over Quast-judiciat agencies ” “Petitions for the issyance of write of certorart, prohibition and mengemus against * CAyCONELEG, CoA, Sandiganbayan CTA : * Declaratory relief only when there Is @ question of constitutionality > Like of treaties, laws, ete © Concurrent with the CA: = fstitons for the Issuance of writs of certian, prohibition and mandamus against the + NERC; eC, RTC © Concurrent with the RTC and CA "Habeas corpus, habeas data, writ of amparo, quo warranto, certiorart, mandamus, Prohibition vs lower courts, ‘Cases affecting ambassadors, etc © Concurrent with the 1BP ‘Actions against members of the Bar {ase atmo nds of wri oats compas On ft cso ars, nd the reg one der the ROC. The ites at ath omer, preci seed nthe te, eat Mickey ingles 5 4C Ateneo Law 2012 ‘Atty Trangull (and Some stuft from Atty Guevarra); updated: March 4, 2013am+dg Remedial Law Review: Civil Procedure and Appeals © Appellate over * RTC exercising original jurisdiction ‘+ by petition for review on certiorart (rule 45) on pure questions of law + Sandiganbayan, CTA en bane, CoA, Comelec ‘SHALL CCAS: {AM-8-8-7-8C, 2008) ‘Small calms are fad ia the MTC 2 Smal aims cases invalve eases with amounts.NOT EXCEEDING P100k * _ No distinction between cases outside Metro Marilo and Metro Manila + What should be included in the P100K? ‘© The claim itself, EXCLUSIVE OF INTERESTS and COSTS* ‘What if the claim is for damages Itself? ‘= Then It’s not covered by small claims because these damages have yet to be ascertained. Damages cases (like from personal injury) are not akin to sum-of-money cases. ‘© Segue: what ifthe case Is for PLOOK and Is outside MM, what do you follow - small claims ‘oF summary procedure? ~ Atty Trangull suggests that It Is the option of the complainant since there is concurrent jd between small claims court and court of summary procedure. ‘+ Does it cover quasi-deicts? ‘© Yes. It covers cages of fault/negligence, quast-contract, contract, and even the civil aspect of criminal cases.” + No need for lanyers nor the fling of a regular complaint. You can just use the standard form given + Can you jin separate coims? Yes, as ong as: ‘Agalest same defendant Total does NOT exceed P200k, exclusive of interests and costs.* + Do you have to pay docket fess? ‘© Unfortunately, yes." “ Section 2. Sep. This le hal gover he procedure in aconaefre the Meopaion i Cours Manip Tal Cours Cie, ‘Mark Ti Cours Mc Clrcut TralCours pent one wae ie ale of cin doc exceed One Handed ‘oar Pee (P00 0000) exc of nest en ext ‘econ pct The Matepaian el Cats Mace Trial Cousin Cites, Mcp Til Cou, nd Manic Ce Te (Court al apply sae al adons wich; (0) pre evil in sere where cm o rele pe fob the pli sy fr ‘yea! or rsemenof sume ney, nd (0) hcl pct rina, eseve wp Slingo ther con oa, [usontto Roleo 1 oft Revd Rass of Cini! Proce ‘se dans of dorandamay be, (For meney owed unde an fe flowing: Gamat tse, 2.Cantactef Loy 3 Ooarctof Serves, 1 Genre Seer Conta of Mone (For damagerarsng om any of he lowing, Faltr melee, 2 Quasieoroact eect (The eubweenssoF« trmgny amicable settee oan ubluaton var avg «money cain covered by this Rue pursue See {i otepbie Ret 7160, tarts owns the Lea Goveranat Cade 199. * Sean 3 Commoncemen of Smal Clouston. & sal chs setion commenced ng wid e oat en scomplised sd verified ‘Simementaf Clan Fors 1 SCC) a dupliate,acompai bys Cerienon of Ne-from Shaping rm I-ASCC), atmo 2 ay ‘aid pcp of be acne dovaret jor te him as wel he afi tases ander evden opt ‘hm NO evideve tal be owe ring he hala which ws not ncholle osu togsthe he Can, nl goed ate Sowa fre amsson fair evidence ‘Noto pain ee an he Semen! of Chim deste nth Re, ces nia mal ins ction, * Seton 6 ander laine Pai may ona snl tet noe or ne spate ell gat defendant oie (atthe otal amount ime, cctsive of ret nd coms, docs at excel P0000 0 "Seton &.Ppment of Pilg Fee - The pai shal pay the dsket en te lepers reseed de Rule 141 of the eid Rules of ‘Courts allowed io ign asen indie Hickey Ingles 6 4C Ateneo Law 2012 ‘tty Tranqul (and some stuf from Alty Guevarra); updated: March 4, 2013am+da Remedial Law Review: Civil Procedure and Appeals. + If an indigent sues, It will immediately be referred to the executive judge. (See footnote) + Even if indigent, he still has to pay P1,000 for the summons fee. ‘= Can the court dismiss the case outright? fo Yest + If court finds no reason to dismiss outright, It will issue summons and notice of hearing to the defendant. (© Defendant has 10 days to make a verified response. The 10 days can NOT be extended.’ ‘© If he falls to respond, the court can render judgment based on the Statement of the Claim. ‘he judgment must be limited to the amount of the cialm, but it can be lowered by the court. * Cam the defendant fle a counterciaim? © Yes, as tong ‘Also not exceeding P100k, exclusive of Interests and costs ‘Arising out of the same transaction or event that is the subject matter of the claim Does not require for adjudication 3” parties, and [Not subject of.a pending action. ‘© If not fled as a counterciaim, itis barred.!* © If it doesnt arise out of the same transaction or event, @ counterclaim can stil be fled ia the response as:long as docket fees Have been pald-for it and the claim does not exceed POO, exclusive of interests and costs, + Can you file Rule 65 Certiorarl from an order of the smaii-dalms.court? ‘©. No, it prohibited. "© ‘A ca Fed with emotion ss ingen (For 6-SCC) sale roared he Exe ap fr immediate acti case of mse ‘course tthe Presiding of cor heaving sell clans cas te mtv prey he Berchet asl be ‘alo offer signed fe cau desipmtedto ber sal came cre Ifthe ese dle paca pve fe () ye wate ‘whieh o ae docket es, aise ese shall be diamined wo! prope Into cae Sal pasty, even if declared an ingen te {emp oo the pyent of he P0000 fo fr sve fsa and process inc ees. Sethe 3h of he Clan ~ Af ecu detest theese al ues Kat ey, Geom mn examination segs of te Ssenen of Cain and such dene ntachel bea by ell dani ie ese out of eof rods partes, ‘he Clan rhe demi of aii rion ‘Seton 10. Simard Noe of Hearing rod fr domi found he cosh tht ne Surman (Frm 20) on ‘he day of ecg Sintec of aim dracng or end sb verted Rego ‘The cout sas tse Noe Frm SCC) w both paren cng hem w apr etie Hon. aspcie at nd ine heaingwith seg hat eesti ppt shal bellowed as proved m Seca 19 a ule ‘The sarnonsand pte be sve athe dene sl be acompanidby acy of he Stzmet of Csi ao docet subi by at ed copy ofthe espace (Far -SCC) be scosinby the eno The Notice Sal cotanen exes pebbion pe {he lng ote motion sis aye meen Sexton 14s ale. "Secon I spon The deen ll le wd be cout and save 0 De pila dl secmpebed and verified Resyone win 8 ‘on ene paid of (10) dys om rece of rans The Response be cconpmiedby cred photons ef dciment "Seton ¥ ifet of Far fo ie espnse= Shed he enn fa fie hs epee wii he rope eid te court by fst hall ‘ener judg ty be rand ye ics alleged nthe Satenen fla nied owt aye or Thc howeve ay 8 ‘dase, retest amount of dager beng exeiv er weoncnatle S Seton 1, Counterclaim Win he Cover of th = at he tne esto commenc he Sfendat prs chim pt ‘he pitt) Swine coverage as rae exchsie of net al eos () es ou of ie sane rato vet a se aia) doe ores os dj dint oid id pares end (8) ot teste of water {feral a te met rae ot we win th crepe of sR ad the reed docket nd th oe eal es ae ye, Seton 14, Prohbued Pleadings and Moons The folowing endings motes, x pts hl tbe lowed in the cases covert by ‘oie (3) Mtn to dis the compli except onthe proud of ck of jlo: (0) Matin fre tilofprcwere {6) Matin fora ao fr econidetion of dann fc opening of wa, (@)Pethon for ele fom {6) Motion fv exension of tine fl pleadings aia or any he ape, (oMemerad, (@) Pete oer, manus proition spiny aeaclry ders by the court, (2) Motion decree deena del, {Diary mations fr pnponemen, Rey. (The pry complains and Mickey Ingles 7 4C Ateneo Law 2012 ‘Aky Tranquil (and some stuf from Atty Guevarra); updated: March 4, 2013am+do Remedial Law Review: Chil Procedure and Appeals + Cana lawyer appear in the hearing? © No. Lawyers are NEVER allowed. (unless they are the ones claiming)*” ‘+ What happens Ifa party Is absent from the hearing? © Plaintif: dismissal of case = Defendant who appears shall be allowed to recover from his permissive countercaim © Compare to normal cases where clalm is dismissed (counterciaims, regardless of nature, survive. Not sure If this was an oversight only, but that’s what the codal says) © Defendant: as i he didn't file a respanse Both: dismissal of claim and counterciaim'? + Are Fouponemers ‘allowed? ‘= Only ONCE per party, and = _ Upon procf of physical disebilRy to appear in court." ‘© For judgments and execution, see footnote.” Rule t Section 1, Tite of the Rules. ‘These Rules shall be known and cited as the Rules of Court. Sec. 2. In what courts spplicable. ‘These Rules shall apply in all the courts, except a8 otherwise provided by the Supreme Court. ‘ Sec. 3. Cases governed. ‘These Rules shall govern the procedure to be observed In actions, civil or crunlnai, and special roceedings. fa) A clvit action Is ane by which a party sues another for the enforcement or nrotection of a right, or the prevention or redress of a wrong. "Advil action may elther be ordinary or special. Both are governed by the rules for ordinary elit actions, subject to the specific rules prescribed for » special civil action. (b) A criminal action le one by which the State prosecutes a person for an act or omission punishable by taw. (2) A special proceeding Is a remedy by which a party seeks to establish 2 status, 2 right, or a fact. + What is an action? ‘© Formal demand of one's:tegal rights in a courtct justice in thewmanner.prescriked hy the court or-by the lw. teed af aplyng legal remesies according to define extbished rule. + Kinds of actions: © Chil Protection or enforcement of aright, oF prevention or redress of a wrong, * Can be ordinary or spedial (sca) © Criminal * Once‘the information Is filed in court, it becomes a crminal. action. — {Stine of Amey Ne Allowed No sry sl prin feet pry te aig ee hoy isee pie to {fou ons tp amet oy ive chin lds itn cut mai etn aw {fame cma wo retin arya apr ers cose 5 Seon Ih ances Patra Sl ce fr edi of ci wie ue. The tat opal bce jemetons perme comer fate du par Salt te ce efiaaywfc Rse nScn 2i ule.T sal mt pty bes Otro wer on ciao me cl wdc scores sacs nr pee cme ery eave he ‘iu tops tpl cach ont wh es fio be Sn icin "Scion 8 apron When Aled raps ppt sheng yb pln won prt oe py ny aft py wp tr srt eda td GA pry may ee capo (D pags Sedan Doan he tng ut tal niece on ean ny bdo Ge Ee eae eee (Form sc Te Sina ed easel tc Ca fou es kt ch cesta yee rh Servedon eps: ‘Toeaetion shall Gal nd wraps Seedon 24 reason “Ie decison 6 weekreinfvor of fe plait, exec tal inne won moto Far 9 CC), Mickey Ingles 8 ‘4C Ateneo Law 2012 [Atty Trangull (and some stuff from Atty Gueverra); updated: March 4, 2013,am+dg Remedial Law Review: Civil Procedure and Appeals © Spedal proceeding ‘+ Application or proceeding to establish: ‘+ the status of a party, or ‘© the right of a party, or a particular fact. ‘+ Examples are petition for adoption, petition for hospitalization of an insane person, settlement of estate of a deceased person ‘Sec. A: In what cases not applicable. ‘Theee Rules shall not apply to election cases, land registration, cadastral, naturalization and insolvency roceedings, and other cases not herein provided for, except b) In 2 suppletory character ‘whenever practicable and convenient. See, 5. Commencement of action. {A cull action is commenced by the filing of the original complaint in court. f an additional defendant Is Impleaded In a later pleading, the action ls commenced with regard ts him om the date of the filing of ‘uch later pleading, Irrespective of whether the motion for Its admission, If necessary, is dened by the ‘court. ‘+ The commencement of an action interrupts the pertod of prescription as; to all the parties to the action. ‘+ When does an gction commence? ‘0 Upon fling ofthe criginal:complaint #0 the courts ‘+ With respect to an additional defendant, when does it commence? ‘© The present rule provides that it is the date-of the. fling of the amended complaint jeining the additional defendant which Is the date of the commencement of the action with regard to such-additionat defendant. ‘= You only file @ motion for the admission of such amended complaint when then here has been an answer served on the plaintiff. In cases where the amended complaint is attached to the motion for its admission, the date of fling thereof is the date of tne commencement of the action with regard to the additional defendant, Irrespective of the action of the court on the ‘motion. ‘Does the fiting atone vest-the court with Jurisdiction over the subject matter? © Na. You haveto 1),fleend 2) pay the docket fees. ‘© It Is Important to remember that itis not simply the fing of the complaint or appropriate Initiatory pleading but also the payment of the prescribed docket fee that vests © trial ‘court with jurisdiction over the subject matter or nature of the action. ‘© Without the payment of the docket fees, no original complaint or pleading is considered. © If the complete amaunt of the docket fee Is not peld, the prescriptive period continues to ‘run as the complaint is deemed not filed. ‘Sec. 6. Construction. “ ‘These Rules shall be llberauly construed In order to promote thelr objective of securing a just, speedy ‘and Inexpensive disposition of every action and proceeding. (RULE 2 CAUSE OF ACTION ‘Section 2, Grdinary civil actions, basis of. Every ordinary vl action must be based on a cause of action. See. 2. Cause of action, defined. ‘A cause of action Is the act or omission by which a party violates a right of anothe ‘© What Is a cause of action? ‘© It is an act or omission of one party in violation of the legal right or rights of the other. © Its escential elements are: ‘= Lagal.rigt ofthe plaintift ‘+ Correlative obligation of the defendant ‘+ Actor omission of the defendant in violation of the plaintiff's said legal right. Mickey Ingles 9 ‘AC Ateneo Law 2012 ‘ty Tranquil (ond some stuf from Atty Guevarra); updated: March 4, 2013emsdg Remedial Law Review: Civil Procedure and Appeals ‘+ Example ~ Mario doesn’t pay Luigl as agreed upon in a debt contract. ‘© Luigi has the legal right to be pald and Mario has the obligation to pay, arising from the contract. ©The non-payment of debt is the act/omission or the cause of action. ‘+ When must the cause of action exist? ‘© At the tine the complaint Is fled.” ‘+ Hence, a complaint whose Cause of action has not yet accrued cannot be cured by ‘an amended or supplemental plending alleging the existence oF eocrual of a cause : (of action during the pendency of the action. (Turner v Lorenzo Shipping, 2010, @.., ‘corp case involving right of appraisal) ‘© Evon if there is an existing contract, a tort can: stil be the.cause of action if what breeks the, **. contract is a tortious act. (Mindanao Terminal v Phoenix, 2009) ‘Sec. 3. One cult for a single cause of action. A party may not institute more than one sult for a single cause of action. ‘See: Splitting» single couse of aciiony effect of. 7 Ht two or more sults are tnetituted on the basis of the same cause of action, the fillng of one or a | * [judge spo he mer anyones vlan grounder the dois! thar “The purpose ofthis rule Isto prevent repeated ligation. '* The mule applies:not..onty to complaints but also to counterclaims.and ¢ross-claims. 2 IFto or more complaints are brought for different parts of single cause of ection, the fling of sx the first may be: pleaded in abatement of the other. It cansbe set-up elther by means of: ‘0 Armution to dismiss or an affirmative defense in the answer. . "What ground? Res judicata oniti pendent. ' = =Splitting a cause of action” is not a ground. + Where there Is only one delict or wrong, there Is only sone” cause-oF ction regardless of the ‘number of rights that mey have been violaied belonging to one person. ’o.Same cause of action but diferent prayers = sping. + Youcant salt. Recovery of property and damages ‘Annulment of foreclosure sale and damages (Chua v MBTC, 2009) Recovery of ownership of end income from some land Installments due and unpata Non-payment of debt secured by a mortgage (you can't split It to payment of debt and foreclosure of mortgage, you have to choose one) “Total breach of entire contract + As @ general rule, 2 contract to do several things at several times Is divisible, and ‘@ judgment for a single breach of a continuing contract is not 3 bar to a suit for a Subsequent breach. But where the contract is entire, and the breach total, there can be only ‘one acton in which plalniff must recover all damages. + Can you consolidate split causes of action? : 2. No. So the teo pending cases can't be'eonsotdated. Ore (r.both).li-be. dismisses for forum shopping. (see Rule and cases on consolidatior,, particularly Megatand v CE) ‘See: 5. oindar of causes of action. ‘ction fais within the juriediction of seld court and tre venue lies therein; and }) Where the claims In all the causes of ection are principally for recavery of money, the aggregate mount calmed shall be the test of jurisdiction. + Maraming angal si Mario versus Luigi (hind| nagbayed ng utang topos Kinaln yung pasta niye ne ‘hina! negpapaeiem tapos hinaliken si Princess Daisy tapes sinuntok si Toad tapes hind! pine-tae si Yost, etc) + You do this when there's 1 case but several causes of action. Mickey Ingles 10 4c Ateneo Law 2012 ‘ty Tranquil (ond some stuff from Atty Guevara); updated: March 4, 2013am+dg Remedial Law Review: Civil Procedure and Appeals © Forevery breach, there Is one cause of action. ‘Tf there Is a claim of money and there are claims of damages (moral, exemplary) arising from the claim of money, there is only one cause of action. The claims for damages are mere incidents of the breach (Fallure to pay) + If there are several promissory notes, but only ane loan, and ma payment on all notes, there are several causes of action (since based on Ps), ‘+ You can even do a joinder:of ALTERNATIVE causes of action. ‘© Example: shipping contract. First cause of action is based on contract. Second cause of action Is based on tort. ‘© Can you do alternative causes of action against multiple/different parties? ‘= Yes. Rule 3, Sec 6." + Example: 2.buses collided with Mr. X's car. Mr. X can fle alternative causes of action against the two buses. ‘+ What conditions must be met for a proper joinder of causes of action? ‘© The rules on joinder of parties must be observed, meaning: + Ikarises trom the same-or series of transactions, and ‘+ Involves a common-question of ipw (Rule 3, Sec 6) ‘+ IMPORTANT: This must only be followed if there are multiple defendants. © Ir Just between two parties, no need for this rl Scenario 1: X versus Y - can joln as many causes of ‘action, even if totally UNRELATED. '* See Mario v Luigi above. Totally unrelated causes of action. ‘= Scenario 2: X versus A, B, C, D (multiple) ~ can only foin the causes of action if I complies with the rule on jolnder, ‘meaning series of actions arising from the same or series of transactions involving a common question of law) ‘+ Seen in Pantanco v Standard, (2005), where the plaintiff and thelr insurance company sought relief from the bus company. Court sald there was proper joinder of parties (and thus joinder of causes ‘of action) because there was single transaction common to all ~ the accident caused by the bus company. ‘+ Seen in Perez v Hermano (2005), where plaintiffs properly joined defendant company and defendant aie X because sald company allegedly misled plaintiff ° In signing a mortgage deed In favor of defendant X. Tks an example of a question of law and fact arising from a “series of transactions.” ‘+ To determine Identity of cause of action, It must de ascertained whether the same.evidence whichis: necessary :to.eustain the second, cause of ‘action would:have been. sufficient to authorize @ recovery’ in the frst. (Pantranco v Standard, this case Is also relevant for jurisdiction, as it focused on totality of claims) © Special civ. actigns or actions governed by-speds rules-are not covered. You can’t Join an ejectment case with money claims because ejectment cases are ‘governed by spedal rules on summary procedure. + You,can’t Jola:two special cil actions either. 2 Rue, Se. 6, Pemisvjeind of pics. ‘All peas ia whom or avin wom any pt ee ia sespct oo aso ut ofthe tre tua or ere of tracts leg to ‘aut wether ony, steal, nthe aries excels ler is rovied nthe Rae, joo plaice aed ‘Sel in mpi iy ei fo cma pr bu ety nt eo ht {he cour way soc rr a De to event an eT defend om being enbarasd&pd © expen comcrion wi ‘ty joveatingsin hich bony have oo eee Mickey Ingles u ‘4C Ateneo Law 2012 [Atty Tranquil (and some stuff from atty Guevarra); updated: March 4, 2013am+do Remedial Law Review: Civil Procedure and Appeals (© In cases of different venues or jurisdiction between the SAME parties, the joinder may be ‘made in the RTC, provided It has jurisdiction over one of the causes of action and the venue lies therein. * If one cause of action falls within the RTC and the other in the MTC, the action should be filed in the RTC. ‘If the causes of action have different venues, they may be joined in any of the ‘courts of proper venue. ‘So, a real action and a personal action may be joined either in the RTC of the place where the real property is located or where the parties reside. © Case 1: Sum of money 350k, plaintiff resides in Makati, defendant ing’ © Case 2: Real property worth 80k in Cavite. = You can join those two cases in the RTC of Cavite, (for academic purposes) { * But in practice, just severe because other lawyers ‘don't know about this. © Where all the causes of action are for recovery of money, the aggregate amount claimed | shall be the test of jurisdiction. ‘= Important: This totality rule will only apply If ALL cases of action are for recovery ‘of money. ‘+ Does this mean we can’t have Jolnder of real action and personal action? | ‘© _No, We can stil do It, using Sec 5(c), but you Just don't use the totaly rule. + The totality of the principal claims for money determines which court has | Jurisdiction. + But, in cases of joinder of parties, the first condition should apply. ‘+ oinder of causes of action is permissive and not mandatory. It’s up to the litigant if he wants to ‘vail of such. But when he decides to do @ joinder, he must comply with the requirements. (Perez v Hermano, 2005) ‘Sec. 6. Misjoinder of causes of action. Migjoinder of causes of action Is not a ground for dlemissal of an action. A misjoined cause of action _may,on motion of a party or on the Initistive of the ecvrt, ha severed and proceeded with separately. ‘IS misjoinder a ground for dismissal of an action? | ‘© No, It will not cause the dismissal of the principal action, ‘+ Ttis severed and will proceed separately, after separate fling. © Im fact, if neither the court nor the adverse party objects, it wil be adjudicated together | with the other causes of action. (Atty Guevarra) © Example ~ a joinder of collection of money and an ejectment case. Di pwede yan, boy! Pero kung walang nagobject, oh di lusot! RULE 3 PARTIES TO CIVIL ACTIONS ‘Section 1. Who may be parties; plaintiff and defendant. ‘Only natural or juridical persons, or entities authorized by law may be parties ina civil action. The tarm “plaintiff” may refer to the calming party, the counter-calmant, the crose-caimant, or the third (fourth, etc.) party plaintiff. The term “defendant” may refer to the original defending party, the ‘defendant in a counterciale, the eross-defendant, or the third (fourth, et.) party defendant. Plaintiff=claimant Defendant=against whom the claim Is asserted. ‘+ Who may be parties to a dvil action? © Natural persons © Juridical persons ‘© Duly incorporated and registered with the SEC On Foreign Corporations Isolated transaction: can sue and be sued Doing business and not licensed here: can NOT sue, but can be sued EXCEPT: If other party is estopped because he benefitted from deal foreign corporation Mickey tngles 2 AC Ateneo Law 2012 ‘Atty Tranqull (and some stuf from Atty Guevarra); updated: March 4, 2013 with sucham+dg Remedial Law Review: Civil Procedure and Appeals "= Doing business and licensed: can sue and be sued ‘© Entities authorized by law (see Rule 3, Sec 15) + Examples: Political parties Labor unions Archdiocese Estate = Rule 3, Sec 15 (as defendants) ‘+ What about éntities without juridical existence? ‘© Can NOT institute under the name of the non-Juridical entity. They have to sue Individually. ‘0 _ But they can be parties as defendants, and named as such. (see Rule 3, Section 15) + Can estates be a party? Yes, Rule 3, Section 20. an executors or administrators be parties? Yes, Rule 87, Section 1. + Can the state be sued? { ‘+ Generally, no. Except wiher © There'is express consent (there's a Jaw allowing it) ‘© There Is implied consent, like when: + The state enters nto a private contract Te enters into a business operation, unless it does so only as @ necessary Incident ofits prime governmental function ‘the state sues a private party, unless the sult is entered into only to resist @ dim. ‘+ Thete is fare to abide by what the law of contract requires. ‘See. 2 Parties In interest ‘Aral party In Interest Is the party who stands to be benefited or Injured by the judgment In the sult, or the party antitied to the avalls of the sult. Unless othervilee authorized by law or these Rules, every. action must be prosecuted or deferdedin the name of the real party in lnterast. ‘= Thereal party in interest is one who: ‘0 Stands to be benefited or injured by the judgment in the sult, or ©, Is entitled to the avails of the sult. ‘+ What's important here Is actual interest, not merely inchoate or expectant interest. ‘© Incidental interest also does not count. + Hence, shen the managing director of a hotel files a complaint pertaining to @ contract entered into by the corporation, It Is the corporation which ts the RPI, not the managing director. Her interest Is’ merely Incidental. (Republic v Coalbrine International, 2010) ‘+ Law uses "party" here so It’applies to defendants, third party-defendants, etc - anyone who Is Impleaded and who will be benefitted or be Injured. ‘+ Every action must be prosecuted or defended in the name of the real party in interest, ‘© Hence, when a labor union falls to Include the name of the employee that they represent in the caption of their petition for certiorari, the court rightly dismissed the petition based fon the furmal defect. (NLMK-OLALIA-KMU v Kelhin, 2010) © When the suit is against a government employee (like the zone administrator of an ‘economic zone), the nature of the sult Is one against the State, and the Republic is the RPI. (Republic v Coalbrine) ‘© When the sult involves private land, the Republic sno longer a RPI. (Republic v Agunoy, where the state made a mistake giving a land patent over private land. They tried to get It back) 9, Ina derivative suit, the corporation Is the RPI and the suing stockholder 's only a nominal party. (Cua v Tan, 2009 ~ more on this case in class suits v derivate sults) + “Hence, wien two sets of stockholders file a derivate sults based on the same facts, . alleging the same causes of action, and praying for the same reliefs, It'S tantamount to allowing the corporation to file the same sult twice. This results to . forum-shopping which Is not allowed. (Cua v Tan) ‘+ In Cua, the Court noted that the indispensable parties were not only the Board of Directors, but also the majority stockholders who approved and ratified the action {that was the subject of the controversy. Mickey Ingles B ‘AC Ateneo Law 2012 ‘Atey Tranquil (and some stuff from Atty Guevarra); updated: March 4, 2013am+do Remedial Law Review: Cul Procedure and Appeals © In an action for inspecting corporate books and records, itis the stockholder demanding {for the Inspection that isthe RPI. The right to Inspect corporate books Is personal, (Cua Ten) ‘+ Difference between RPI and legal standing/locus stanel ‘©. The concept of RPL wil only apply to private sults, © Locus standil usualy applies to public suits fled by a private party. It pertains to goverment actions wherein a person may suffer Injury. + You, can base your legal standing as a taxpayer, voter, Congressman, cttizens sult (for environment cases ~ here, even generations yet unbom can be parties based on a ltzans suit. In foc, paiiffs don't need any interest fling 3 etizens Suit. As long as he's Pinoy, he can fle.) + Important: what is the remedy for impleading the wrong party? (For example, Harry sues Ron, claiming that Ron owns the property, but Ron doesnt own Ie and does have anything to do with Harry inthe fist place) ‘© Motion to Dismiss. Ground: Pleading states no cause of action +" "Tis ground absorbs the situation wherein the party Impleaded is not the RPI, (atty. Trangul/Riano) + Difference between “pleading states no couse of action” and “Hack of cause of ‘action’ wil be discussed when we get to Motion’ Olsmiss + What happens when the action Fas commenced, but the partyin interest changes? © The original action continues, and the original plaintif becomes the representative of the transferee of the interest. (Sée Section 19) ‘+ What happens when the interest has changed, and then the action commences? ‘o The origina paint s no longer the party In iterest. ‘Sec. 3, Representatives as partion. Whore the action ts allowed to be prosecuted or defended by @ representative or someone acting In 8 fiduciary capacity, the beneficiary chall be Included In the tite of the case and shall be deemed to be {he real party in Interest. A representative may be a trustee of an express trust, » guardian, an ‘executor or administrator, or a party authorized by law or these Rules. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without jolning the principal except when the contract involves things belonging to the principal. * The Beneficiary should be included in the title of the case and shall be deemed to be the real party {in interest (0 If the beneficiary's name is not included in the titie, the defect can be cured by the simple expedient of requiring the association to disdose the names of the principals and to ‘amend the title and averments of the petition accordingly (MIAA v Rivera, 2005, wherein a ‘homeowners association filed In behalf of the homeowners ~ compare to the later case of Kelhin, where the court averred that It could have dismissed the case because the Union did not disclose the name of the employee It was helping) + Arepresentative may be: ‘© Atrustee of an express trust, © Aguardian, ‘ ‘© An executor or administrator, © _Aparty authorized by law or these Rules. ‘An agent acting in his own name and for the beneft of an undisclased principal may be sued or ‘sue without Joining the principal © EXCEPT when the contract involves things belonging to the principal. ia sme RGR Sel w endian ieee ‘> General rule: Husband and wife shall sue or be sued joindy as both are co-administrators of the ‘community property. ® SEC. 5. Citaen mit—Any lpn cam a repesneton of ter, nlig mines organs et ur, my le an cn enfrsrihs oobi ale eoviomenta kr. Upon fa ing of clsen nae con shal ae rr wih shall ‘Sea ai dation fhe ase of ecto nde ei payed fr, rquing al eet putes males ners rene in {exe writin ites (15) ss thet The iy Puts eo ones na epee catia Philips or fra alatfeted rng copies ofa ret ‘Cz ut led under EA. No, 879 ead LA. No. 90 shal be govera by the epstive provisos. (AM Na 09-6480) Mickey Yogles 14 AC Atsneo Law 2012 ‘Atty Tranquil (and some stuff from Atty Guevarra); updated: March 4, 2013am+do Remedial Law Review: Cul Procedure and Appeals © Exceptions: Suit of one against the other Based on a criminal act/delict Judicial separation of property ‘Abandonment. Exclusive property of spouses Suits Involving the practice of one’s profession ‘Sec. 5. Minor oF Incompetent parson. 7 ‘Aminor or 8 person alleged to be Incompetent, may sue or be ued, with the assistance of his father, mother, guardian, or ithe has none, a guardian’ “Cana minor or incompetent be party? ‘© Yes, but with the assistance of his father, mother, quardiar 2d litem. ‘= A person need not be judicially declared to be Incompetent. It Is enough that he be alleged to be incompetent. (Kawawa naman. Paano kung hindi talaga bobo?) (or if he has none, a guardian ‘See. 6. Pervalssive jolnder of partion. ‘Al persona in whom or against whom any right to relief In respect to or arising out of the same ‘transaction or caries of transactions ie alleged to exist, whether Jointly, sevorally, or n the alternative, ‘may, except as otherwise provided In these Rules, Join as plaintife or be joined ae defendants In ane Complaint, where any question of law or fact common to all such plaintiffs or to all auch defendants: may artse In the action; but the court may make such orders as may be just to prevent any plaintiff or The llagia Repl v Sanday (2008) stag tat Ge judgments sil idg oa the paris resent ring ial (ve ome ‘indepen pares wee ec) wrong Ary Trenal sido dag pede nd acl &"cslte Jala Hickey Ingles 16 4C Ateneo Law 2012 ‘ty Tranquil (and some stuff from Atty Gueverra); updated: March 4, 2013am+do Remedial Law Review: Chil Procedure and Appeals ‘© When If, after the order, the pleader falls to explain to the non-joinder or falls to comply, without justifiable cause, with the order of the court? (Given that jurisdiction over the person may be ‘obtained) ‘0 _ Then it will be deemed a walver of the claim against such party. ‘= What if the joint obligor can't be impleaded because jurisdiction over the person couldn't be obtained? ‘© The judgment rendered against the impleaded joint obligor will not prejudice the rights of the joint obligor not Impleaded. ‘See. 10, Unwilling co-plaintte, IT the consont of any party who should be joined as plaintiff can not be obtained, he may be made a ddofendant and the reason therefor shall be stated In the complaint. * What ifthe consent of 2 party who shoul be joined as plana can i Be Obtained? ‘© He may be made a © The reason therefore shall be ‘tated in the complaint ‘See, 17. Misjolnder and non-Joinder of parties. Nelther misjoinder nor non-jolnder of parties Is ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on Its own Initiative at any stage of ‘the action and on such terms as are Just. Any calm against a misjolned party may be severed and preceeded with separately. ‘Is misjoinder or non-joinder of parties @ ground for dismissal of an action? ° No. ‘©The non-foinder of an indispensable or a necessary party Is not ipso facto @ ground for the dismissai. ‘The court should order the joinder of such party and non-compliance with the sald ‘order would be a ground for the dismissal of the action. (it’s the non-compliance with the order, not the misjoinder Itselt) + Remember: The absence of an indispensable party renders all subsequent actions ‘of the court null and void for want of authority to act, not only as to the absent parties but even as to those present. © Requisites of a dass suit ‘0 Subject matter is one of common or general Interest to many persons, (© The interested persons are so numerous that It Is impracticable to joln them all as partes, and ‘©. The parties bringing the class sult are sufficiently numerous or representative of the class ‘and can fully protetc the Interests of all concerned (Banda v Ermita, 2010) ‘+ An action does not become a class suit merely because It Is designated as such In the pleadings. It ‘must depend on the facts of the case. ‘= Common or general Interest is essential! ‘© For example, there was a bus accident. Some passengers died, some got injured, some (got out scot“free. Can there be a class sult? No, because the interests and the possible damages that each victim will want may differ. For there to be a class sult, thelr interests ‘must be the same. Remember common or general interest. (Atty. Tranquil) ‘= Adequacy of representation is essential! (MVRS case) ‘© In determining the question of fair and adequate representation of members of a cass, determine: + Whether the interest of the named party is coextensive with the interest of the ‘other members of the class The proportion of those made a party to the total membership of the class ‘= Any other factor bearing on the ablity of the named party to speak for the rest of the class Mickey Ingles W 44C Ateneo Law 2012 [Atty Tranquil (and some stuf from Atty Guevarra); updated: March 4, 2013,am+d9 Remedial Law Review: Civil Procedure and Appeals ‘+ ust because a person represents a number of people doesn't mean It’s a class sult. It has to ‘comply with the requisites. ‘0 Courts exercise caution before allowing a class suit, which is the exception to the joinder Of Indispensable parties. Why? Because If the judgment against the class represented Is. not favorable, the represented would certainly claim denial of due process. (MIAA v Rivera) + Differentiate derivative sult from a cass sult in the context of corporations. ‘© Derivative sults are those instituted by an individual stockholder on behalf of the corporation In order to protect or vindicate corporate rights. Usually filed when there Is an allegation of mismanagement or wrongful acts committed by the directors or trustees. The ‘wrong here Is done to the corporation Itself. © Class sults are those instituted when the wrong is done to a group of, let's say, stockholders. An example would be a violation of the rights of preferred stockholders. The wrong here is done to the a certain group or class. ‘+ Give an example of a class suit that has prospered. { ‘© Oposa v Factoran. + Practical tip trom Atty Guevara: If a judge denies the class suit, go for 2 permissive joinder of parties. The thing here Is that those not pleaded will not be’ affected by the judgment (as ‘compared to having a class suit where all will get affected) ‘Sec, 13. Alternative defendants ‘Where the plaintif Ie uncertain against who of several persons he Ie entitied to rallet, he may join any ‘or all of them a2 dofendants In the alternative, although a right to rellef against one may be Inconsistent with a right of rellef against the other. ‘> If your're not sure who to go against, what do you do? ‘0. Join any oF all of them as defendants in the alternative, although a right to relief against ‘one may be inconsistent with aright of relief against the other. ‘0 Just be careful, because this wil open yourself up to counter-suits. ‘Sec. 14. Unknown identity or name of defendant. Whenever the Identity or name of a defendznt Is unknown, he may be sued as the unknown owne hhele, devises, or by such other designation es the case may require; when his Identity or true name Is diocovered, the planding must be amended accord. ‘Sec. 15. Entity without juridical personality as defendant. When two or more persons not organized as an entity with juridical personality enter into « transaction, they may be sued under the name by which they are generally or commonly known. In the lmnewer of such defendant, the names and ddreases of the persons composing sald entity must ll be Fevesied. + These foK can only be sued under the name which they are generally or commonly Known, le as defencants. (© Service of summons may be effected upon all the defendants by serving upon any one of them; or upon the person in charge of the office or place of business maintained under ‘such nan + They can't sue as an entity, they will have to file as individuals. ‘+ What should be contained in thelr answer? ‘0. Thelr answer must reveal the names and addresses of the persons composing It, so that the judgment rendered against them shall set out their individual or proper names. ec. 16. Death of party; duty of counsel, the clalm is not thereby extinguished, it shall be the rey (30) days after such death of the fact thereof, and ‘The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice. If no legal representative le named by {the counse! for the deceased party, or If the one 60 named shall fall 0 appear within the specified Mickey Ingles 18 4C Atzneo Law 2012 ‘Ay Trangull (and some stuff from Atty Gueverra); updated: March 4, 2013,am+dg Remedial Law Review: Civil Procedure and Appeals perlod, the court may order the opposing party, within a specified time, to procure the appointment of in executor of administrator for Uve estate of the deceased and the latter Annulment of marriage, legal separation - even If It involves changes in the property relations ‘+ What should the lawyer do? (KNOW THIS!) 'o He should, within 30 days after the death, Inform the court thereof. ‘Period: 30 days after FACT of death. Not knowledge of such. ‘© Give the name and address of the legal representative of the deceased. © The court will onder: the representative to appear and > _ be substituted within 30 days from notice. ‘© Upon fallure to of the legal rep to appear, the court may order the opposing party, within 2 siiven period, to procure the appointment of an executor or administrator who shall immediately appear for the estate of the deceased. + Who should the substitutes be? © Those who are “authortzed by low, meaning “The legal heirs, without requiring the appointment of an executor or administrator + The administrator ‘The executor, or * The guardian (Sumaljag v Literato, 2008, wherein the court said the substitution Cf someone who does not fal into this lists an invalid substitution) ‘+ What happens IF there Is no valid substitution because of either the fault of the counsel or the failure of the court to order a substitution? ‘© It will not invalidate the proceedings and the judgment rendered thereon. © Mere fallure to substitute a deceased party Is NOT sufficient ground to nulify a court's, decision. The party alleging nullity must prove that there was an undeniable violation of due process. © Tag line: ‘The rule on substitution of helrs Is not 2 matter of jurisdiction, but 2 REQUIREMENT OF DUE PROCESS. ‘= Hence, formal substitution by heirs Is not necessary when they themselves voluntarily appear, participate in the case, and present evidence in the defense of the deceased. (Napere v Barbarona, 2008) ‘See: 17, Death or separation of a party who Is a publi officer. ‘When a public officer is a party In an action In his official capacity and during Its pendency dies, resigns, or otherwise censes to hold office, the action may be continued and malntalned by or agalnt Ils successor If, within thirty (30) days afte, te succassor takes office or euch time as may be granted bby the court, Ie ls eatisfactorily shown €0 the court by any party that there ls a substantial need for ‘continuing or malataining It and that the succosscr adopts of continues or threatens to adopt or ‘continue the action of his predecassor. Before a substitution ls made, the party or officar to be ‘thereto, shall be given reasonable notice of the application © Requisites: ‘0 Removal/death of public officer and appointment of successor within 30 days. unless otherwise provided ‘© Successor adopts, continues, or threatens to continue the action sued against © There is substantial need to continue the action ‘+ Substitution Is NOT automatic. The court must: Mickey Ingles 19 ‘AC Ateneo Law 2012 [Atty Tranquil (and some stuf from Atty Guevarra); updated: March 4, 2013am+dg Remedial Law Review: Clvil Procedure and Appeals © Give notice to the new public officer, and ‘© Give him an opportunity to be heard ‘= Mere fact that he Is inclined to continue the action of the predecessor Is not ‘enough ‘See. 18. Incompetency or incapacity. ‘Ifa party becomes Incompetent or incapacitated, the court, upon motion with notice, may allow the action to be continued by or agsingt the Incompetent or incapacitated person sselated by his junrdian or guardian ad liter. What do_I-do if my client becomes incompetent or incapacitated midway? ‘+ File a motion with notice asking the court to continue the case and for the client to be assisted by 2 legal guardian or guardian ad item. ‘Sec. 19. Transfer of Interest. In case of any transfer of Interest, the action may.be continued by or against the original party, unless ‘the court upon motion directs the person to whom the lntereat Is transferred to be subctituted In the action or joined with the original party. ‘Example: Mario flied an action for replevin of his mushroom against Luigi, Whie the case was pending, ‘Luigi sold the mushroom to Bowser. ‘+ What ifthere was a transfer of interest? ‘© The action may be continued by or against the original party. ‘He will then old the frults of the action as sort of trustee for the use and benefit ° of hs transferee. In the same manner that the transferee of the original defendant Is bound by the judgment against the latter. ‘© Can the court order that Bowser he impleaded? ‘© Yes, upon motion. Ifthe court merely orders him to be impleaded, there Is no substitution, Bowser Is just joined. © There can only oe substitution if the court orders the substitution, not the mere Iimpleading. ‘© Hence, the bottom line Is that there must be a court order, elther to implead or to substitute. ‘+The transferee pendent elite is @ proper party in the case but not an indispensable party. (Heritage Park v CIAC, 2008) ‘+The substitution must be done ‘© during the lifetime of the transferor of the interest and © while the manifesting counsel as still the effective and authorized counsel for the dient transferor. It can’t be done if he's dead. (Sumaljag v iterato, 2008) iit ‘See. 20, Action on contractual money claims. When the action Is for recovery of money arising from contract, express or implted, and the defendant les before entry of final judgment in the court In which the section was pending at the ume of such ‘not be diemlaeed but shall instead be sllowed to continue until entry of final Judgment. A jgment obtained by the plalntit? therein shall be enforced In the manner especial provided In these Rules for prosecuting dlalme against the extate of decepsed person. ‘© Applies oniy if: ‘© Money claim, and ‘0 Defendant dies ‘+ Differentiate from Section 16 (where either of the party dies and no need for it to be a money claim, as long as the action survives) ‘+ What happens if the defendant dies in a case involving a money claim? ‘© No substitution (law does not mandate any substitution). Tt Just continues. © Once a final judgment is entered against the estate of the deceased, It shall be enforced as a claim without need of proving the sam © If based on a contract, file money claim In probate court. ‘© If based on tort or dec, file against the executor or administrator. ‘See, 21. Indigent party. ‘A party may be authorized to litigate his action, claim or defense as an Indigent Hf the court, upon an ex parte application and hearing, ts satisfied that the party fs one who haz no money or property sufficient land avallable for food, shelter and basle necessities for himeelf and his farlly. Mickey Ingles 20 4c Ateneo Law 2012 ‘ty Tranquil (and some stuff from Atty Gueverra); updated: March 4, 2013am+do Remedial Law Review: Cill Procedure and Appeals ‘Such authority shail Include an exemption from payment of docket and other lawful fees, and of transcripts of stenographle notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a llen on any Judgment rendered in the case favorable to the Indigent, unless the court otherwise provides. ‘Any adverse party may contest the grant of such authority at any time before Judgment le rendered by the trial court. If the court should determine after hearing that the party declared aa an Indigent Is in fact a person with sufficient Income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment la not made within the me fixed by ‘the court, execution shall Issue for the payment thereof, without prejudice to such other sanctions the court may impose. ‘Who can_be considered an indigent? ‘* Aigura v LGU of Naga, 2006, answers this by juxtaposing this section with Rule 141, Section 9. It ‘lves 2 two tier test. ‘© Ifthe indigent fits within the parameters set out by Rule 141, Section 9, itis MANDATORY ‘upon the court to declare him an Indigent. ‘+ Gross income + family Income does not exceed twice of monthly minimum wage, nd ‘+ _ Owns real property whose FHV Is less or equal to P300K* © If he fails that test, the court is given the discretion to determine whether he is an Indigent or not based an Rule 3, Section 21. (Indigency Test) ‘Party Is one who has No money o property aufcent and avallabe for = Shelter + Basic necessities ‘= for himself and his family. Ni wt ‘+ Benefits of indigent parties: ‘© Stenographic notes: free © Filing fees: no need to pay, but lien on judgment. ‘+ What if he wasn’t an indigent and he claimed he was? ‘© The proper docket and lawful fees shall be assessed and collected by the clerk of court. © If payment is not made within the tine fixed by the court, execution shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose. ‘Sec. 22, Natica to the Solicitor General. In any action Involving the validity of any treaty, law, ordinance, executive order, presidential decree, rules oF regulations, the court, in ts dlecretion, may require the appearance of the Solicitor General ‘who may be heard in person or through a representative duly designated by hien. (RULE 4 VENUE OF ACTIONS: ‘* In determining the proper venue for an action, you must consider two things ‘© First: Is it 2 real or personal action? ‘Use Section 1 and 2 for that, and our lesson in determining the real nature of an action. © Second: Is it covered by a special law or by stipulation? ‘Use Section 4 for this. + Remember: if venue is determined by special law or by @ particular rule tn the ROC, you can’t stipulate on venue. The law takes precedence over the stipulation. Se. 19, nde liga exc fom pyrene es - Indigent gas) whoee gros income nd at fet medi ety do seteceed an mun double he wont imu wag ofan cployec a) who done own re property wih A FAIR MARKET. \VALUE AS STATED IN THE CURRENT TAX DECLARATION of mote hn THREE buned ous (P30 00.0) psn shal seem ome payment of ees. ‘Th el oe sal be lien on ay julgmetemere the cx ior he inet tiga mish court otis vides. ‘Tobecatied te exempion bern prove, he gt chal execu a fk hat Be ad a omit aly dont ea re {seamesbovemerned nox thy ov ay al ropa wih a vale aeration sped by an ein Sed pee ‘testing Ue whofe Fp’ fda The urea tx dca, ashe wached Bega sai. ‘Any yo tala of llgn fdr pers al be suitcase domi he capa or ce 1 srk ot he (eninge tat py bout peje whatever cna! abt have boo icra (160) Mickey Ingles 2 ‘AC Ateneo Law 2012 [Ay Tranquil (and some stuf from Alty Guevarra); updated: March 4, 2013am+dg Remedial Law Review: Chill Procedure and Appeals ‘Section 1, Venue of real actions. ‘Actions affecting title to or possession of real property, or Interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wheraln the real property Involved, or a portion thereof, Is situated. Forcible entry and detainer actions shall be commenced and tried In the municipal trlal court of the municipality or city whereln the real property involved, or a portion theraof, le situated. + Whet i the venve of real actions? isthe proper court wich has Jurisdiction aver the area wherein the real propery, of @ portion theres, sted, + Real action fo Those affecting + ie to oF possession of reel property, or 2 cerest therein Allele oe persuna ations. © The principal objective or ree sought Is ether dwnership or possession of real propery. © Remember the lessons n docket fees! Look for he true nature ofthe acon! S These include Portion, 2 Expropriation Adon for the annulment or rescission of sale of land (but if the tile has not yet passed tothe vendee, Ircar be considered a personal action ~ Ay. Trangul). + Venue for electment cases The MTC where the property or @ portion theres is stated. 2 Gtr there’ spon ‘+ Walt! Can the venue for ejectment cases be stipulated? © Yes! The rule governing ejectment cases (Rule 70, Sec 1) merely States that should be fed in te HTC, but R doer say which MTC. (Other words, jurisdiction is indicated, but the venue isn‘t.)?° ‘+ Where do you file an action for extra-judicial foreclosure? © _Extrajd foreclosure is NOT a judicial action and not covered by the RoC. It’s covered by Act 213s. ©. shouldbe ted where the property is locate. 8 But the mere fling and payment of fees (For mutple properties In various areas) can be paid none ofice, as ong 8s fr can be establsned that Wt covers all areas, But the actual Eale wil only be done nthe place where the properties ar located. © Note: no. need for Certificate of Non-Forum Shopping in a “petition to get possession” (since It’s not really a petition but a motion - PTA case) ‘For judicial foreclosure ‘c RUle 68 does not provide for the venue of this SCA, but It Is fled where the property Is located. © If the contract of mortgage covers varlous properties in different provinces, file in RTC of ‘any of the provinces covering the property. {Atty Guevara) ‘Sec. 2, Venue of personal actions. Al other netions may be commenced and tried where the plaintiff or any of the principal slaintifis ‘resides, of where the defendant or any of the principal defendants resides, or In the case of & non resident defendant where he may be found, at the election of the plalntt. "= What’ the venue of personal actions? ‘© Either in the place where (©The plaintiff or any of the principal plaintiff resides, or % RULE 70 Section. Who my ins pocentngs. and when ‘bjt te provisions ofthe next suceting son, pon deed ofthe pseasos of ay nd or balding by re, ietiniain heat, totes ors esr venor, vendor ahr pen apie! whom pssestn of any endo ulding uly wil ar ‘Seen ot terminaton he igh old posion by wae of ay contac expess oie, he ep repesetaes or ais ‘any auch sor, vendor vende other prt, mayne wis oe) es ae sch lal eprvaion or wabbolg of osetsion, ting onset ithe proper Manipal ral Court guathe person o peony wild or Spring of posession, any penn or perusing unter them fre esion uch pesion ope wih dames nd ees Mickey Ingles 22. 4C Ateneo Law 2012 ‘ty Tranqull (and some stuff from Atty Guevara); updated: March 4, 2013am+do Remedial Law Review: Cv Procedure and Appeals ‘©The defendant or any of the principal defendant resides, or ‘2 Inthe case of a non-resident defendant, where he may be found ‘= At the election of the plaintifr ‘+ On the Issue of who the principal plaintif 1s © In Marcos-Araneta v CA (2008), Court ruled that it Is the beneficiary of a trust who is the principal plaintiff. The beneficiary is the RPI, not the trustees who merely represent the beneficiary. Hence, when the beneficiary lives in Makati, the action must be commenced there, and not where the trustees reside. '*' “Action was a personal one: suit for reconveyance of stocks ‘©The rue Is such to prevent the plaintiff from choosing the residence of a minor plaintiff or defendant as the venue. + What does residence mean In this rule? ‘0 Actual residence, where there Is personal, actual and physical habitation. ‘= Examples of personal actions © Damages { ‘© Recovery of personal property ‘© Cancellation of real estate mortgage (to compel the mortgagee to accept payment of the ‘mortgage debt) “Sec. 3. Venue of actions against non-residents. I any of the defendants dees nat reside and le not found tn the Philippines, and the action affects the ‘personal status of the plaletift,or any property of sald defendant located In the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the Droperty oF any portion thereof ts situated or found. + What if any of the defendants does not reside and Is not found in the Philippines, what's the venue? ‘© If It involves the personal status of the plainti, then in the court of the place where the plaintiff resides. © If it involves the property of the defendant located in the Philippines, where the property ‘or any portion thereof is situated or found. ‘© Jurisdiction fs limited to the res, namely, the personal status of the plaintiff or the property of the defendant located in the Philippines. ‘+ The judgment must be confined to the res, and no personal judgment can be rendered against the defendant, unless he submits to the jurisdiction of the court. ‘Gee. 4, When Rule not applicable. ‘This Role shall not apply: (a) In those cases where a specifi rule or law provides otherwise; or (b) (Where the parties have validly agreed In writing before the filing of the action on the exctuslve venue therest. + Examples of cases where a spoific rule or aw provides otherwise ‘© Quo warranto proceedings: RTC of the residence of the defendant. Action fer nullity of marriage: where plaintiff resiaents, where the defendant resides or ‘where their conjugal home Is located ‘Adoption: where the prospective adoptive parents reside Probate: where the deceased last resided at his time of death Contempt in quasi-judicial agencies: RTC where the contempt was committed ‘rit of habeas corpus on custody of minors: GR Is RTC where the minor Is supposed to be found ‘© EXCEPT when place Is unknown or minor cannot be found, can be filed in the CA or sc + Can venue be stipulated? ‘© Yes, but it must not be contrary to public policy. ‘© Awritten agreement of the parties as to venue before the filing of an action Is not only binding upon the parties but also on the courts. © The parties must employ categorical and sultably limiting language that they wish the ‘venue of the action be laid only and exclusively at a definite place. Mickey Ingles B 44C Ateneo Law 2012 {Atty Tranqull (and Some stuff from Atty Guevarra); updated: March 4, 2013,am+eg Remedial Law Review: Civil Procedure and Appeals. + In the absence of qualifying or restrictive words, the stipulation on venue should bbe deemed as merely an agreement on an additional forum, not as limiting venue to the specified place. (Lantin v Lantion, 2006). ‘+ Ih Lantin, the action was a real one: nilty of sale and/or mortgage because the ‘main objective of the case was the reconveyance of the property sold ‘© Important: where the exclusivity clause does not make it necessarily all encompassing, ‘such that even those not related to the enforcement of the contract should be subject tO the exclusive venue, the stipulation designating venues should be stricty confined to the ‘specific undertaking or agreement. (SMC v Monasterio, 2005) "= Hence, when the venue was stipulated in a warehousing agreement, but the cause fof action arose from cashlering services which had nothing to do with the warehousing agreement, the venue stipulation Is NOT binding on the cause of ‘action arising from the cashlering services. (SMC v Monasterio) ‘2 Compare SMC to PBCOM v Lim, in that case, there was a venue stipulation in 2 promissory ‘note. Connected to the promissory note was a surety agreement which did NOT contain ‘any venue stipulation. The plalntif filed an action against the surety in @ place NOT ‘stipulated In the PN. Court held that the venue stipulations In the promissory note should bbe read to the surety agreement because the surety agreement was an accessory contract which couldn't exist without the PN. So, improper venue. (Bottomline: in SMC, the cases ‘were NOT related. In PBCOM, the cases were Interrelated.) ©The stipulation sald, "...exclusively in the RTC of Baguio"; ls that vad? ‘+ "No: The RTC’s jurisdiction is determined by law. = To fix It, say °... exclusively in the appropriate court In Bagulo, walving for this purpose any otfier venue provided by the Rules of Court.” 0 But remember: if there's @ specific rule or law, that rule or law will govern over the stipulation. ‘+ Remedy for not filing in proper venue: ’o Motion to Dismiss, ground: Improper venue © Adudge can NOT motu propio dismiss @ case based on Improper venue. (Because this Is, walved if not raised in a MTD or the answer). (Gumabon) Importance of knowing if the action is real or personal 2 Knowing Wf the action Is real or personal is Important because it will have legal Implications on 3 things: ‘© Jurisdiction * If real, jd based on the assessed value of the land; if personal (lke rescission of a 1, Contract), Incapable of pecuniary estimation so RTC. © Venue’ ‘= If real, where property is located. If personal, choice of plaintif. © Filing fees, If real, docket fees based on FMV (tax declaration or zonal valuation, whichever is higher) or if none, state value. If personal, based on claims in prayer. ‘+ Real/personal actions are not the same with in rem, quasi in rem, In personam actions. ‘©. The former determines venue, jurisidiction, and filing fees. ‘©The latter merely determines who will be bound by the judoment (effect of judgment) ‘RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS Section 1. Uniform procedure, ‘The procedure In Ure Munlelpal Trla! Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to elther of sald courts, or (b) In dil ‘cases governed by the Rule on Summary Procedure. Sec. 2. Meaning of terms. ‘The term "Municipal Trial Courts” as used In these Rules shall Include Metropolitan Trial Courts, Munleipal Trial Courts In Cites, Municipal Trial Courts, and Municipal Circult Trial Courts. * To be read with the Rules on Summary Procedure Inthe MTCs, the procedure is the same as in the RTC except: ‘© When by express or implied provision of law ‘© Ineivil cases governed by the Rules on Summary Procedure Mickey Ingles 24 4C Ateneo Law 2012 ‘Atey Trangull (and some stuf fom Atty Guevarra); updated: March 4, 2013amedg Remedial Law Review: Civil Procedure and Appeats ‘+ Civil cases governed by the Rules on Summary Procedure: © Ejectment cases, regardless of the amount of damages or unpaid rent sought to be recovered. ‘= If attomey’s fees are to be awarded, shouldn't be more than P20,000. © Allother cases, except probate proceedings, where the total amount ofthe piaintif’s clalm ‘does NOT exceed P100,000 oF P200,000 (in'MM), exclusive of interest and costs.”” + For criminal cases, see cod Court will Issue an order stating that the case Is governed or not by the rules on summary procedure. : + Three steps in summary procedure: ‘© FIRST: Filling of the complaint ‘Upon fling, the court can: * Dismiss the case outright + _ Issue summons { + The responsive pleading here will be an ANSWER within 20 days (not the usual 15 ays). = Can't file a MTD because I's @ prohibited pleading. + _ Plaintiff can NOT file a reply elther since it's a prohibited pleading too. + If no answer, two things can happen: + Court can render Judgment 1) motu propio or 2) on mation of the + No motion to declare the defendant in default since It’s prohibited too. ‘Ang daming bawal! So what are the allowed pleadings? ‘+ Complaints Compulsory counterclaims and créss-clalms pleaded In the answer, and the answers thereto. + Remember: all the pleadings muct be VERIFIED? ‘after the fling of the fast pleading, we move on to preliminary conference. © SECOND: Preliminary conference This is NOT pro-tral as in normal cases. It's a preliminary conference. (Remember this when you have cases on ejectnent. See notes on pre-trial since pre-trial rules ‘supplement preliminary conference rules In summary procedure) » Court sets this within 30 days after the last answer is fled.*® 7 () Alles offal cay and lev deminer expen of be amount of damages o unpaid eats ought be cover Whee esr avd tau ll tence twenty hoesnd ess (P20 000) {B)"Aifeser cases exept poi: pocohingy wher tal ensue hepatica doe ot excend One hae hows et (100.000) or Te handed ows pees F20,00 0) in Mero Man, xc fined ene exh of meest andes (AS tended by AM GE11-09-SC, Never 25,2002) {Sen 2 Determination of plot, — Opn he ig of cirri tion, he co sl ue a re desiring Whether ot ‘he exe all be over by ths le Atel erocon etematon 0 eld he peato of te Reon Sunary Poedae pound fr dipinay econ «Bn Verieatons ~All peas al be veiled. ‘Se. 4. Duty ef cout ~ After the cout deter ut he cas ills wd armary poet, tay, onan examination Be ‘erin and sch einer 5a beached ren, dsm he cse ought en ya be pou apart een dsm ‘ul sco. Io pu ir nel od sal eth sumone 8h als ate sonary poets ie ale ‘galeniy sce Anower — Within to (10) days hom sve of summons, the defen shal eis mance he compat end serve 8 copy ‘tee onibe pani. icv nd eave dese et pleaded bern shal eden wad xo fr ck of jrnscon over he ‘bjt master Cres caeanlCompsry cote notte aver dl be once bared. The anower ours ot {fom al be led and served wien (10) dys ous fhe mew fn lh hy te aed. ‘Se. 6 Et of lr ower Sho the dled ai never te compa win pred sbove povided te court, cht opi, ron mot of he pi, sal emer judgment ar may be warned yet lege nth copa an nite owt [aj fo hei Prove hovevs ath ost ay a retard te emt of anges ad anes fee ae being reste or ober uncotstonae Ts wot peje he apc of Seton 4, Rue 15 fhe ales of Coat if her ae ro ‘emo dsfendeon Sisco. Pleadings — ‘A. Peadings allowed. — The oly pedigs lowed be Filed ar the complains, compulsory coutcame an rosso pede nthe ‘Gove anf heaves eve BVetifeaons. Al pleadings bale eid. 9 sa. Pela eaaerence: pearance of pres. — Not ner hn ity (30) dys fe the ast answers led peli canheace sabe Tren pein iy cus hep ty crc ts ena Wil ovis Mickey Togles 2s ‘AC Ateneo Law 2012 ‘Atty Trangul (and some stuf from Atty Guevarra); updated: March 4, 2013am+da Remedial Law Review: Clvil Procedure and Appeals In the BC, the parties are asked to compromise, Identify Issues, etc. If plaintiff ls absent in the PC, the case will be dismissed. ‘+ Ifthe defendant appears and the plaintiff is absent, the court can rule on the counterclaim. + All cross-claims shall be dismissed. = Ifthe sole defendant Is absent, the plaintiff shall be entitled to judgment. ‘* Won't apply If there are two or more defendants who are sued under common cause of action, and one of them appears in the PC. ‘+ So what should you do if elther party is absent? ‘+ Have an explanation or send a representative. ‘Provision on authorization does not appear in the Rules of Summary Procedure but in Macasaet v Macasaet, Court held that pre-trial rules apply suppletorly to preliminary conference. * Take note that ifthe court finds sufficient evidence at this point in time, It can already render judgment based on what's presented in the PC.’ + If there is no judgment yet in step 1 and 2, we move on to the submission of Judicial afidavits and position papers. ‘© THIRD: Submission of Judicial affidavits and position papers ‘© There are NO hearings or trials. ‘= Compare to criminal cases where trial is needed, but direct examination ‘can be waived for judicial affidavits, ‘+ Affidavits and position papers must be submitted 10 days from recelot of order of the preliminary conference.” + GR: Court renders judgment 30 days from the filing of ‘© the last affidavit or position paper or + the expiration of the period for filing the same. (note: not submission for resolution but submission of the last affidavit/position paper) ‘0 EXCEPT: If the court needs more clarificatory stuf, It will Issue an order requiring more affidavits to be given to the court within 10, days from receipt of order. The court vill then decide 15 days after the receipt ofthe last clarificatory affidavit. ‘+ Prohibited pleadings” “Te fof he pain topper rtinony conferees dl be cane forthe mil ois compan. The deta who apes | Inte aac of he lf abe ciel gent on hs oun accordance Wi Section 6 here Al eros al be ‘dumised ‘sno deendt tl i appar, pin ll be eted to judgment in scan wih Section 6 hee This le shal ot py Inter oe oftwe ore de ean one & como caus: ofan who had leaded common Gefen cal pea a be relay soiree See Recodo rtminry confirms — Within five (5) ay fe he fermen of he plininnry one tout sta i a corer stating be itstaken wp erin tld ted (@) Whether be pres ve ene tah scale semen nf, be tems thera (© Tesi eniains ce! by ee (©) Wace onthe base pledigs and adios ade he parc judgment my be rede without te ned Pauses eh Event Oe apn cal be nade win tary (20) afer, (GA searseiseionof mater fics wich emia conrover: ad {py Surhoter mates nedal wexplte he Gipson oft ese sen 9. Sabai of vast poston papers. Winton (10) dys om rei of he oer mation in the net prcei soc, he partes al stl he aids ef Wineses and ter ever cab ial ses defined inthe ore, tops wih kr [pation ras cng fr aad he its led pony es. Ser 10 Revco alge Wi tity (30) ays ar reep of he st iain and posto paper othe expiton of pec er ling the Sune he out sal ed joe Femever thou court necro lar cre materi acs, may, during te sai pero, su moder sping the mater to tel and require he pris vit fais or ote evden them waters wan ten (10) ay fom ee ei ote edge sl be eocred wien (15) dae afer the ecb of saclay ears othe expan oe pt ig the ‘Teco sal not resort the bret procedure gin in fhe edton ofthe. See 19. Pied pleadings aod mots — The flowing pleads motonsorptiion al ot be allowed inthe aes covered by hs ale {© Motta dais be compat co quash Se comphint or fafmation crept onthe goad of ck friction vee abet mtr, or falre omy with preoliag secon: () Motion fr al of paricae (6) Nose fr ew tl oo recoasiterson of judg opening ofa, Mickey Ingles 26 44C Ateneo Law 2012 ‘ty Tranqull (and some stuf from Atty Guevarra); updated: March 4, 2013© MTD, except ‘Lack of 3D over subject matter = Cannot be waived by the parties or cured by sllence, acquleence or even ‘express consent. (Bongato v Malvar, 2002) = Example: prescription, filing for electment case beyond the 1-year perlad ‘+ Failure to refer to tupon’® (walvable according to Banares case) ‘+ Dismissed but WITHOUT prejudice Reply Bil of particulars MR or MNT Petition for relief from judgment ‘Motion to declare in default ‘= Also prohibited in small claims cases and environment cases, ‘Third party complaint Memoranda { ‘2 Dilatory motions for postponement ‘= Motions for cancellation of hearing are not dilatory but be careful since the judge will have to determine If it's dlatory in the first place ‘© Motion for extension of time ‘2 Petition for cerdorari, mandamus, prohibition against interlocutory orders of the court ‘© Interventions ‘+ Decisions from the MTC can be appealed to the RTC.” ‘© On appeal in the RTC, a MR is no longer a prohibited pleading. + The appeal before the RTC Is no longer covered by the Rules on Summary Procedure, (Macandangdang v Gaviola, 2009) ‘© Rules of Court supplement the Rules on Summary Procedure as long as they are not Inconsistent? ‘©. Hence, when the MTC dismisses a case because of lack of referral to the lupon and the aggrieved party falls to appeal within 15 days, it becomes final and executory and cannot be revived by a mere motion. (Banares, 2000) ‘+ Preliminary injunction, being a provisional remedy, should lend Itself to the summary nature of an ‘ejectment case. (Maderada v Mediodea) ‘+ ludges who fall to follow the Rules on Summary Procedure will be held administratively lable. ‘RULE 6 KINDS OF PLEAGINGS Section 2. Pleadings defined. Ploodings are the writtan statements of the respective calms and defenses of the parties submitted to the court for appropriate judgment. A pleading Is @ written statement of the: ‘© Respective claims and defenses of the parties ‘© Submitted to the court for appropriate judgment. + No dlaim? No defense? Then not a pleading. ‘ (@ Petton foc ee tom jtgnent, {e) Moto for exon of in fe leading, savior anyother paper (© Memeands, ‘Atty Tranquil (and some stuf from Atty Gueverra); updated: March 4, 2013,am+dg Remedi! Law Review: Civil Procedure and Appeals + WARNING: Sir wil ask a lot of questions on Rule 6-8 for midterms so know the coda like the back ‘of your hand. ‘See. 2, Pleadings allowed. ‘The claims of a party are asserted In a complaint, counterclaim, cross-cialm, third (fourth, etc.) party complaint, or complaint-In-intervention. The defenses of a party are alleged in the answer to tho Pleading ssserting a calm agalnst him. An answer may be responded to by = reply. Gee 3. Complaint. ‘The, complaint le the pleading alleging the plaintif's cause or causes of action. The names and realdences of the plalntf and defendant must be stated In the complaint. + A.complaint is @ pleading alleging the plaintiff's cause of action. ‘© _ It should contain the names and residences of the plaintiff and defendant. ‘© What else should it contain? ‘© GR: A concise statement of the ultimate facts constituting the plaintif’s cause of action, ‘not evidentiary facts or legal conclusions. ‘= These are the essential facts constituting the plaintiff's cause of action. ‘= Ageneral allegation of ownership Is @ sufficient averment of the ultimate fact. ‘+ _Anallegation that defendant promised to pay is an ultimate fact. + Not ultimate facts: ‘© Evidentiary or immaterial facts. + Legal conclusions. = _Allegation that a contract Is valid or void (It’s a legal conclusion) + EXCEPT: In actionable documents, since you have to put the substance of the ‘document or Its whole contents (see Rule 8, Sec 7) © Tt should also contain the relief prayed for. + Tt is the relief based on the facts alleged, and not the relief demanded, which is the taken into consideration in determining the cause of action. © If't depends upon a condition precedent, he must allege and prove the fulfilment of the Condition or the legal excuse for its non-fulfilment. © Can also be alleged: ‘Fraud, mistake, malice, intent, knowledge, legality ‘+ For frat and mistake, aver with particularity. For the rest, general allegations will suffice. ‘See. &, Anawer. ; ‘An answers & pleading In which a defending party sets forth his defenses. ‘= An answer Is 9 pleading in which a defending party sets forth his defenses, hen should tt be nea? ‘Ordinary service of summons (Rule | Within 15 days A, Sect) Extraterritoral service ‘At least 60 days after notice. ‘Summons by publicetion ‘AE least 60 days after date of the last publication (Rule 11, Sec 3) ¢ Tfamendment a matter of right | within’ 15 days '* If amendment not 2 matter of | Within 10 days from notice right of the order admitting the Tn_response to 8 supplemental [ Within 10 days from notice ‘complaint. (Rule 11, Sec 7) ff the order admitting the same, unless a different period Is fixed by the court Tn response to a counterclaim and | Within 10 days from service. Mickey togles 28 ‘AC Ateneo Law 2012 [ty Tranquil (and some suff from Atty Guevarra); updated: March 4, 2013amedg Rernedial Law Review: Civil Procedure and Appeals ‘cross-claim (Rule i, Sec 4) Tn response to a third-party complaint | Within 15 days: (Rule 11, Sec 8) ‘Where defendant is a foreign private Juridical entity and service: made on Its resident agent | Within 15 days. designate in accordance with law for that purpose = made on the government official | Within 30 days after receipt designated by law to recelve the | of summons by such entity ‘same (Rule 11, Sec 2) “After service of the bill of particulars, | Within the period remaining for after notice of denial of one's | to which he was entitled at motion for 2 bill of particulars (Rule | the time of fling his motion, 12, Sec 5) Which shall not be less than 5 days in any event ‘After denlai_of @ motion to dismiss | Within the period remaining (Rule 15, Sec 4) ‘to which he was entitled at the time of fling his motion, which shall not be less than 5 days In ony event, ‘computed from his receipt of ‘the notice of denial ‘See. 5, Defenses. Defenses may elther be negative or affirmative. ‘© What's an affirmative defense? ‘© T's an allegation of a new matter which, while hypothetically admitting the material veers In he pending of the calmer, wok preven or bar econ. + Examples: +” Freesiptn.iene, payment. stub of frou {aromey For malo fo dismiss = = If you hypothetically admit, without ralsing any defense, then there's no Issue. ‘This will lead to 2 judgment on the pleadings. (Rule 34 ~ when the answer does not tender an issue or admits the material allegations) ‘© Raise these first in your motion to dismiss (which you fle before your answer), then raise ‘tagain in your answer! * How do you plead affirmative defenses? ‘+ If estoppel, allege the facts constituting It. If fraud or mistake, aver with particularity. + If malice, Intent, knowledge or other condition of the mind of a person, just aver It generally. © What is a negative defense? ‘© It's 2 specific denial of the material fact or facts allege in the pleading of the daimant essential to his cause/causes of action. ‘0 Asspecific denial can be two things (Rule 8, Sec 10): ‘= Specific denial: The defendant specifies each material allegation of fact (he doesn't ‘admit the truth!) and whenever practicable, sets forth substance of the matters he relies upon to support his denial, or if he denies only a part of the averment, he specifies so much of It as Is true and denies the remainder. (Basically, he chooses stuff from the complaint and shoots them down by denying them) Mickey Ingles 29 AC Ateneo law 2012 ‘Atty Trang (and some suf from Atty Guevarra); updated: March 4, 2013,am+ég Remedial Law Review: Clvl Procedure and Appeals + Djsavowal of knowledge: The defendant states that he does not have knowledge fr information sufficient to form a belief as to the truth of a material averment. (He says he doesn’t know anything regarding a material averment) ‘+ However, If it the averment was In fact within the knowledge of the defendant and he stil disavows knowledge, it 's deemed admitted as a mere general der © Defenses of “lack of knowledge for lack of privity” or “Inability to recall because it happened a long time ago” are insufficient defenses. (Republic v ‘Sandigantayan, 2003) ‘+ What is a negative pregnant? ‘0 It’s a form of negative expression which carries with It an affirmation or at least an Implication of some kind favorable to the adverse party. 9 Tis a denial pregnant with an admission of the substantial facts alleged in the pleading, ‘= Example: allegations were that there were legal funds in @ Swiss bank account. ‘Answey was that the funds were legally acquired. Hence, the substantial fact that there Were funds in @ Swiss bark account was not specifically denied, and thus ‘admitted. : ‘See. 6, Counterclaim. ‘A counterclaim is any claim which a defending party may have against on opposing party. ‘Mario filed @ collection case versus Luigi, Luigi filed a coffection case versus Mario, claiming Mario ‘owed him. h ‘* A counterclaim Is a distinct and independent cause of action. ‘©. Upon its fling, the same proceedings are had as in the original complaint, ‘+ Period to answer counterclaim: within 10 days from service. ‘= Property interposed, the defendant becomes the plaintiff. Sarty's Gaim and dows not require for fts adjudication the presence of third parties of ‘Cannot sequire jurlediction. Such a counterclaim must be within the juriediction of the ‘and the nature thereof, except that in an vriginal action before the Regional ‘countercislm may Se considered compulsory regardless of the amount. Trial Court, the ‘= Requisites for @ compulsory counterclaim: ‘© Must arise out of, or be necessarily connected with, the transaction or occurrence that Is. the subject matter of the opposing party's or co-party's claim; ‘© Does not require for Its adjudication the presence of 3° parties of whom the court cannot ‘acquire jurisdiction; and © Must be within the jurisdiction of the court, and Is cognizable by the regular courts of Justice. "So, if the counterclaim is a labor claim, it cannot be considered compulsory because itis the NLRC who has jurisdiction, not the regular courts. Test of complusoriness: duplicity of cases If you don't file 2 compulsory counterclaim In your answer, itis deemed waived and barred forever. (compare to permissive) ‘¢ Requisites for a permissive counterclaim: ‘2 Does not arise out of or Is not necessarily connected with the transaction or occurrence that Is the subject matter of the opposing party's dim; © Does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction; and © Must be within the jurisdiction of the court, and is cognizable by the regular courts of justice ‘+ Not related at all to the original claim filed, i's permissive as to the party, nat to the court. ‘+ As you can see, there is NO need for leave of court for a counterclaim. It's up to the party Involved. ‘© Important distinction between compulsory and permissive counterciaims: ‘= Compulsory: No need for certificate of non-forum shopping since not an initiatory pleading Mickey Ingles 30 4C Ateneo Law 2012 ‘Ate Trangull (and Some stuff from Atty Guevarra); updated: March 4, 2033,