Civpro Finals

Civil Procedure – Justice Oscar Herrera Jr.
– FINALS
RULE 18
Pre-trial: Stage of the proceedings where the court sits down with the parties, with their counsels, to find
ways and means to do away with the trial OR shorten the period for the trial
• Possibility of an amicable settlement à If they do, that is the end of the litigation
o A.M. No. 19-10-20-SC: find ways and means to resolve
o ADR: PMC for possible mediation if mediatable (Mediator)
o If still fails, can be referred to JDR; assign it to another judge who will help them explore
possibility of an amicable settlement
o All intended to do away with the trial
• Simplify the issues
o Issues come from the pleadings (allegations by the plaintiff, affirmative defense/denial by
the defendant)
o Trial will be confined only to ISSUES not threshed out during the pre-trial
o Issues: points of contention on contending parties
o Issues will be the subject matter of the trial; trial is presentation of evidence to enable the
court to RESOLVE the issues
• Obtain stipulations for admissions of facts/documents
o Part of the evidence presented
o May admit the G/DE of the documents, so there's no need to present witnesses to prove
the G/DE
o May admit the facts alleged to be testified on by the witnesses; no need to present those
witnesses
o The more they stipulate, the lesser the need to present evidence; trial is the presentation
of evidence, the more stipulation, the lesser evidence required; the facts stipulated are
considered judicially admitted
o If the parties can stipulate on the facts that will be testified on by 5 witnesses, then minus
5 witnesses
• Limitation of the number of witnesses
• Submission to commissioner
• Judgment on the pleadings/summary judgment
o Minor issues remain, the court can render a summary judgment; not really seriously
disputed
• MANDATORY
• Sec. 1: When conducted
o After LRP has been served and filed, the BCOC shall issue within 5 days from filing a
notice of pre-trial
o Shall be set not later than 60 days from the filing of the LRP
o LRP: may be reply; may be a rejoinder to the reply (if in the reply the plaintiff attaches an
actionable document)
• Requirements: MEMR
o Everything should be marked already during the pre-trial; if not marked, you cannot mark
it during the trial
o Objective is to prevent surprises during the trial; the parties should lay all their cards
during the pre-trial; no tricks
o Comparison of the copies marked
o Reservation
• GR: no reservation is allowed; lay all your cards on the table (no reservation shall be allowed if
not made in the manner prescribed)
Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 1

o XPN: You can reserve by giving his name or position and the nature of his testimony
(testimonial evidence) or particular description (object/document)
o To prevent surprise
• Failure to appear
o Waiver of objections to the faithfulness of the reproductions marked; G/DE
• Failure to bring evidence
o Waiver of presentation of such evidence; only those marked are allowed to be presented
• NOTICE of PRETRIAL
o Includes dates for P-T/CAM/JDR
• Appearance of parties
o Duty of the parties
• Notice: served on the counsel (PF/DF); on the party if no counsel; it is the duty of the lawyer to
notify his client
• Non-appearance;excuses: AG/FM/DSPI
• Party, apart from the lawyer, may be represented by a representative
o Must be fully authorized in writing (SPA) to submit do AMDR, enter into an AS, enter into
SAFD
• Effect of failure to appear: PF: dismissal WP; DF: ex parte à AS IN in default; the judgment can
render judg
• Judgment by default: there is a limit; does not exceed the amount
• Pre-trial brief: filed by the party
o Summary of admitted facts, proposed stipulation of facts
• Pre-trial order: actually a summary of what was taken up during the pre-trial
• Trial: matters threshed out during the pre-trial
• CAM: mediatable, pwede pa ma-areglo, refer to PMC for CAM
RULE 19
Intervention: A person, not a party, is permitted by the court to BECOME a party
• Legal interest: subject matter/success/against both/adversely affected by D/D of the property

• May be allowed to intervene by leave of court (may either grant or deny)
• Matters that the court will consider
o Delay/prejudice to the adjudication of the rights of the original parties
o Intervenor's rights may be fully protected in a separate proceeding
• Time to intervene: generally before rendition of judgment
o However, now even on appeal, allowed
• Attach in his motion for leave to intervene the pleading in intervention (either complaint II or
answer II
RULE 21
SUBPOENA: process directing a person to testify; investigation being conducted by competent authority
• AT: testify
• DT: bring things under his control
• Coercive process; you cannot just ignore; if you disobey, you can be arrested/detained until you
comply; you can be cited in contempt
• Who issues?
o Court
o Officer/body: senate/HREP/prosecutor
o Justice of CA/SC

• Prisoner à check codal
• Service: in the same manner as personal or substituted service of summons
• Now, electronic means is allowed, because of the pandemic
• Personal appearance in court
• Arrest/detention does NOT require citation for contempt; just failure to obey subpoena; failure
is enough
• On top of that, proceedings for contempt may also be brought against him (detention for
contempt), detained until he complies
• If issued by agency, the prosecutor/body cannot issue a warrant of arrest;
Civil Procedure – Justice Oscar Herrera Jr. – 05/07/21
Modes of Discovery
• Mechanisms that enable a party to gain as much knowledge regarding the other party's evidence,
cause of action or defenses
• *no fishing expedition
• In order NOT to keep the trial in the dark, justice to be subserved better
• In order that there be no surprices
• Aid the court in convincing the parties to enter into an amicable settlement
Rules of Evidence
• Evidence consists not only of documents or objects, but also testimony/declarations of witnesses
• Testimony is evidence; testimonial evidence
• Trial is open to the public
• Trial is presentation of evidence in OPEN COURT
Rule 132
• Sec. 1: Orally on the witness stand during the trial; trial is presentation of evidence
• Testimonial evidence is given by a witness during the trial at the witness stand; trial in open court
(Sec. 2)
• There is an order of examination; party will present the witness; the party presenting the witness
will conduct direct examination to prove what is needed to be proved
o Cross-examination: test the credibility of the witness
• Sec. 4: Order of examination of the witness
o Examination by the proponent (the one presenting the witness, the one who filed the
case, presents to prove the causes of action)
o Followed by cross-examination
o After such, the proponent is given re-direct examination; somehow allow the witness to
explain the answers given during the cross
o Re-cross examination to test the explanation given during the cross examination
Deposition: testimony of a witness taken not in open court nor in the course of the trial; but upon oral
questioning/examination or written interrogatories, but pursuant to a court rule or law allowing the taking
of such testimony (MEMORIZE)
Recorded, authenticated and preserved for future use; either in preparation for a trial of a case or to
be used DURING a trial; not necessarily during a trial only but also in preparation

When taken during the trial, it's not deposition; it's testimonial evidence DURING the trial.
Deposition pending action (Rule 23): There is already a case in court; Which deposition pending action
may be taken, whose deposition, at whose instance it may be taken
When; whose deposition; at whose instance may it be taken; how it will be taken
Example: PF A, B, C against DF X and Y for damages. Civil Case 123. It is pending before Br. 1 RTC
Manila. Deposition may be taken in connection with the case.
Whose deposition may be taken?
• Sec. 1: Testimony of ANY person, whether a party or not may be taken by deposition in
connection with a PENDING action. May be deposition of ABCXY. Even a non-party. BUT only at
the instance of a PARTY to the case (ex parte motion)
• Oral examination (Sec. 15)
• When may it be taken? Upon ex parte motion of a party to the pending action
• Whose deposition may be taken? Any person, whether a party or not; a person who may know
about the civil case
• Attendance of the party may be compelled by the use of subpoena
• The deponent is the one whose depsotiion is to be taken
• What will be the scope of the examination? (Sec. 2)
o Any matter, not privileged
o Relevant to the subject of the pending action
o Whether relating to the claim or defense of any other party
o Including the existence… of any books or other things
o Or the location and identity of persons having knowledge of relevant facts
• This is a MODE of discovery to COMPEL the deponent to disclose facts relevant to the case
• Examination and cross-examination of deponents may proceed as permitted at the trial under
Sec. 3-18 of Rule 132, discussed earlier (Sec. 3)
o Deponent will be examined
o Subject to the same rules under Rule 132; like he is at the witness stand when his
deposition is being taken
• Use of deposition (Sec. 4)
o Where may the deposition be used?
o At the TRIAL of the case (in Civil Case 123) or at the HEARING of a motion (in Civil Case
123), or an interlocutory proceeding (in connection with Civil Case 123)
o Any part or ALL of the deposition, so far as admissible under the rules of evidence
• Against whom?
o Against any party who was PRESENT during the taking of the deposition or
REPRESENTED at the taking of the deposition or who had DUE NOTICE of the taking
o He was present; as such he cannot claim it was hearsay, or at least he was represented
• How may it be used? Sec. 4(a-d)
o Impeaching or contradicting the testimony of the deponent as a WITNESS
§ He can be confronted for any contradictory statements he made during the
deposition
o Officer, director or managing agent
o Deponent can no longer testify in court; the deposition will be the one
§ Dead
§ Resides more than 100km, out of the PH; unless absence is procured by the
party offering the deposition
§ Unable to attend because of age, sickness, infirmity or imprisonment

§ Unable to procure the attendance by subpoena
§ Exceptional circumstances
o If only a part is offered in evidence, the adverse party may require him to introduce all of
it which is relevant
• After that, it is duly recorded, authenticated and preserved
• Effect of substitution of parties (Sec. 5)
o Substitution of parties does not affect the right to use depositions previously taken
o When an action has been dismissed and another action involving the SAME subject is
brought between the SAME parties (reps/SII) all depositions lawfully taken in the former
action may be used in the latter as if originally taken therefor
o Example: The civil case 123 is dismissed and another action is filed involving the same
subject matter; parties, all depositions used in 123 may also be used in the second action
following the dismissal of the first (SAME SUBJ; SAME PARTIES (INTEREST))
• Objections to admissibility (Sec. 6)
o Never mind this daw
o At the hearing of the case, objections may be raised; same kind of objections that may be
raised during the trial as if the witness was actually testifying
o The contents of the deposition are hearsay (for example); it can also be objected to as
such in lieu of the actual testimony of the deponent; as if he were present and testifying
on a matter not personally known unto him
• Effect of taking depositions (Sec. 7)
o Party shall not be deemed to make a person his own witness for any purpose by taking
his deposition
• Effect of using depositiosn (Sec. 8)
o The introduction in evidence of a deposition for any purpose other than impeaching the
testimony of the deponent makes hima witness of such party; shall not apply if officer etc
o Deposition is testimony of a witness; the mere fact that the party CAUSES the taking of
the deposition does NOT make that person HIS witness (the party who caused the
deposition to be taken)
o He may have caused such DP to be taken in preparation for a trial
o But the USE (introduces as evidence) makes that party HIS witness
§ XPN: to contradict/impeach the deponent as a witness; discredit the testimony in
open court of the deponent
• Rebutting deposition (Sec. 9)
o He may discredit the contents of the deposition during the trial or hearing
• Persons before whom depositions may be taken within the Philippines (Sec. 10)
o Any judge
o Notary public
o Person authorized to administer an oath AND agreed upon by the parties in writing (sec.
14)
• May be taken in foreign countries
o Secretary of embassy etc
o Person/officer appointed by COMMISSION or by letters rogatory
§ LR: a court sends a request to the judge of another court to take the DP of a
person within the jxn of the requested judge
§ Comm: couirt appoints a person to take a deposition
• Commission or letters rogatory (never mind)
• Disqualification by interest (Sec. 13) à persons disqualified to take depositions
o 6th degree of C/A of any of the parties
o Employee or counsel of any of the parties
o Relative within the same degree of the counsel or employee of the party
o Or employee of such counsel
o Or who is financially interested in the action

• Deposition upon ORAL examination (Sec. 15)
o Only at the instance of a PARTY; but the deposition may be that of a party or non-party
o PARTY desires to take DP of a person upon oral examination (MODE OF TAKING is
ORAL EXAMINATION)
o What will the party do? Give reasonable notice in writing to EVERY OTHER PARTY to
the pending action
o Notice: stating in writing the
§ TIME AND PLACE
§ Name and address of the person to be examined
§ If not known, general description to identify him or the class or group to which he
belongs
• Orders for the protection of parties and depoentns (Sec. 16)
o Protection orders that may be issued by the court
o Protection order before the taking of the deposition
o A notice is served for taking upon oral examination
o Any party or DEPONENT may file a motion in the court where the case is pending
showing good cause for the COURT to make any of the following orders
o UPON MOTION/GOOD CAUSE
o Also includes any other order which the court may find necessary to protect the party or
witness from annoyance, embarrassment or oppression
o It is not anything under the sun; any matter not privileged but relevant; but it is not really
anything; the court may impose restrictions upon motion of any of the parties or the
deponent himself; if the court finds that it is necessary, he may make the order
• Record of examination (Sec. 17)
o Everything will be recorded
o It is only upon the deposition is presented in court that the court will rule on the objections
o Taken stenographically unless agreed upon
o Put the witness on oath and record the testimony
o All objections made shall be noted
o Evidence taken subject to the objections
o Parties served with notice may transmit written interrogatories to the officers, who
shall propound them to the witness and record the answers verbatim
o Objections will NOT stop the deposition; it will just be recorded; the judge will later on rule
on the objections when the deposition is utilized in a hearing or trial; motion, interlocutory
proceeding
• Motion to terminate or limit examination (Sec. 18)
o DP is ongoing already; it may be needed that the court still issue a PROTECITON
ORDER
o At the TIME of the taking of the deposition
o Check provision
o Sec. 18 provides for protection orders DURING the deposition itself upon MOTION or
PETITION of any party or deponent
o It is a motion if it is to be filed with the court WHERE the civil action is pending; it
is a PETITION if it is filed in the RTC of the place where the deposition is being
taken
o Court may order the officer to CEASE or limit the scope and manner of taking of the
deposition;
o Resumed only upon order of the court in which the action is pending
o Resumption: If the order is to stop taking the deposition whether by the court where
pending or RTC of the place; it can be resumed only upon ORDER of the court where the
case is pending
• Submission to witness (sec. 19)
o Testimony is recorded, fully transcribed

o Submitted to the deponent for his examination and review; he may want changes to be
made and the officers will introduce the changes and explained why changes are made
o Deponent will have to sign
o Check provision, it's purely procedural
o If he refuses to sign, the officer will sign and state the reasons why it was not signed; as if
signed by deponent himself
• Certification and filing by officer (Sec. 20)
o An oath was administered
o DP is a TRUE RECORD of the testimony given by the witness
o Certification under oath to be signed by the officer
o Then placed in an envelope and SEALED entitled "Deposition of [person]"
o Filed with the court, notified other parties (Sec. 21)
o Other parties may be given copies upon payment of reasonable charges (Sec. 22)
• Failure to attend of party giving notice (Sec. 23)
o Parties who attended entitled to reimbursement for expenses; lawyer is entitled to
reasonable attorney's fees
• Failure of party giving notice to serve subpoena (Sec. 24)
o Person giving notice of taking failed to serve subpoena
o Same reimbursement rule
• Deposition upon WRITTEN interrogatories (Sec. 25)
o Party desiring to take deposition upon written interrogatories
o What will he have to do? He shall serve them (written interrogatories/questions to be
asked of the deponent) upon every other PARTY with a notice
§ Notice: stating the name and address of the person who is to answer them
§ Name OR descriptive title and address of the OFFICER before whom the
deposition is to be taken
o He need not furnish the other parties to the case of DATE, TIME and PLACE, because it
will not be by oral examination; only written questions
o Within 10 CD after every other party is served with the WI, together with the notice, a
PARTY so served may serve cross-interrogatories upon the party proposing to take the
deposition (same order as the trial)
o Within 5CD after the latter may serve re-direct interrogatories upon a party who was
served cross-interrogatories
o Within 3CD after being served with re-driect intorregoatories, a party may serve re-cross
interrogatories upon the party proposing to take the DP
o All of these shall be sent to the officer who will TAKE the deposition; the officer will
propound all the questions and reduce them in writing
• Other provisions are basically a reiteration of rules as in oral examination
RULE 23 review
Oral examination: serve notice to every other party; indicate TDP where it is to be taken; name of the
deponent; description
• That is when court has already granted the ex parte motion

• Depositions may be taken at the instance of any person
• Officer will administer an oath to the deponent; objections not ground to STOP, just noted to be
resolved later on
• Order followed is direct, cross etc etc (sec. 4, Rule 132)
RULE 24: DBA/PA

• One who EXPECTS to become a party to a case int eh future, either as PF or DF
• Expets himself to SUE (cause of action has not accrusd) OR expects himself to be SUED; in
anticipation
• He can already CAUSE preservation of the testimony, to preserve such and prevent it from being
lost
• Venue of petition of DBA: residence of any of the expected adverse party
o NOT place of residence of the petitioner
• Contents (Sec. 2)
o Most important: PRAYER for relief for an ORDER allowing/authorizing him to take the
deposition of the person named therein to be examined for the purpose of perpetuating
the testimony of that person
• There are TWO notices
o Notice from the petitioner himself: upon each person named in the petition as an
expected adverse party, stating that he will apply to the court for the aforementioned
order
o Notice from the COURT (20 days before the hearing): served to the parties and
prospective deponents in the manner of service of summons
• Sec. 4: Order and examination
o Persons whose deposition may be taken
o Specifying subject matter
o Whether WRITTEN or ORAL
§ The court will decide
§ Done in accordance with Rule 23
• Sec. 6: Use of deposition
o Same as Rule 23
• Sec. 7: Depositions pending appeal
o By way of a motion before the court that rendered the judgment which is to be
appealed or pending appeal
o Not the deposition of the PARTY, but WITNESSES; other than himself
o For Use in the event of FURTHER PROCEEDIGNS in the case; he may have a witness
during the trial before judgment was rendered, but the court DISALLOWED that witness
from testifying due to objections
§ Eventually, the higher court ruled that it was wrong
§ If the deposition is already there, the testimony is preserved
§ The higher court may order to reopen the proceeding and allow the witness to
testify; if no longer available, we have the deposition
o If found meritorious, may be oral or written; follow procedure under Rule 23
o Scope: Same as that in Rule 23
o Use: Same as Rule 23
o Motion to take the deposition must be filed and resolved by the COURT which rendered
the judgment; not the appellate court
RULE 25: Interrogatories to Parties
• There is NO deposition taking; unlike written interrogatories in Rule 23 and Rule 24

• Sec. 1: Elicit material and relevant facts from any ADVERSE parties
• Ex parte motion
• File and serve upon the latter written interrogatories
o ANSWERED by the party served
o If juridical entity: officer competent to testify on its behalf
• Written interrogatories SERVED upon an ADVERSE party/ies
• ORIGINAL shall be filed with the court (file)

• MODE of eliciting material and relevant facts from any adverse party; can NOT be served to one
not a party; unlike D by way of WI, which can also be propounded to a NON party
• Sec. 2: ANSWER to interrogatories
o Answered fully in writing
o Signed and SWORN to by the person making them (making the answer)
o FILE original with the court; SERVE a copy from WHOM the interrogatories emanated
o WHEN: within 15 calendar days after service; UNLESS the court, on MGC extends or
shortens
• Sec. 3: Objections
o Presented to the court within 10 CD after service
o The COURT will resolve the objection
o NO DEPOSITION TAKING; this is a case pending in court already
o Answers DEFERRED until the objections are resolved as early as practicable
• Sec. 5: Scope and use
o Scope: same as Rule 23
o Use of answers: same as 23
• Sec. 6: Effect of failure to serve WI
Request for admission
• Admission of DOCUMENTS or FACTS (evidentiary facts, not ultimate facts; admission of ultimate
facts are made during the ANSWER)
• Request for admission: written request
• NOT actionable documents; insofar as AD, they must be DENIED under OATH by the defending
party
• There is no need to ASK the party to REPEAT the admission or denial of ultimate facts or
actionable documents; only for EVIDENTIARY facts or documents
• Party should RESPOND to request for admission by filing an ANSWER UNDER OATH
o Either DENYING or set forth REASONS why he could not truthfully admit or deny
• REQUEST FOR ADMISSION NOT OF ACTIONABLE DOCUMENT
o DOCUMENTS TO SUPPORT or PROVE the ultimate facts asserted in the complaint
o Documents to be used as EVIDENCE; not necessarily documents required to be
attached to the complained
• FACTS not necessarily ALLEGED in the pleading of the claiming party; but evidentiary facts
• BUT mode of denial is the same as section 10 of rule 8
• OBJECTIONS: presented immediately to the court; court first resolves the objection
• EFFECT of ADMISSION: any admission for the purpose of the pending action only; not for any
other purpose
o Limited to case where admission is made
RULE 27 – PRODUCTION OR INSPECTION
• Mode of discovery also available in CrimPro;

• First part: production of DOCUMENTS or THINGS
o Produce and permit INSPECTION, COPYING, PHOTOGRAPHING of any designated
documents MATERIAL to the case and IN POSSESSION, CUSTODY AND CONTROL of
the party
o Must be RELEVANT
o Must not be PRIVILEGD
o Must be under the POSSESSION, CONTROL, and CUSTODY of the party ordered to
produce

• Second part: permit entry (by another party) upon a designated land or property IN
POSSESSION AND CONTROL (of the party ordred to permit entry) for the purpose of making
inspection etc of property or any operation
• Order shall specify the TIME, PLACE and MANNER
o Invasion of privacy, so it should be regulated
• Any party can file this motion
o In criminal cases: ONLY THE ACCUSED MAY FILE THIS MOTION
RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS (A PARTY)
• Examination of a PARTY only; not any person

• Physical and mental condition of a party is in CONTROVERSY
• Court, if he finds motion meritorious, SPECIFY the scope, TPM, person by whom it is to be made
(Sec. 2)
o SPECIFY TPM CONDITIONS, SCOPE OF EXAMINATION, PERSONS TO MAKE IT
(PHYSICIAN/S)
• For example: other party is contending it is not really serious injury but only not serious
• Petition for guardianship: ward is allegedly suffering from a mental condition; there is an
opposition
• Party examined MAY REQUEST
• Party ordered to undergo examination cannot be compelled by the coercive powers of the court to
UNDERGO the examination if he does not allow the court; consequences of refusal is in Sec. 29;
cannot be COERCED
• The party who caused the examination may also REQUEST the result of any other examination
undergone by the party IF the party examined requested a copy of the report
o If he refuses to furnish, it will be the RESULT of the REQUESTED EXAMINATION that
shall be deemed established
o If he REFUSES to undergo examination
RULE 29: Refusal to comply with MOD
• Except for physical/mental examination which cannot be ORDERED to comply with; all the other
modes of discovery can be realized by using the COERCIVE powers of the court
o Taking of DP: subpoena; disobeyed, noncompliance with subpoena
o Refusal to answer: order for him to answer; if he refuses still, he may be cited in
contempt
o Also refusal to answer interrogatories: same rule
o If plaintiff: may be dismissed; disobedience to order of court
o There is a compulsory process that can be resorted to
• EXCEPT physical and mental examination; he cannot be compelled by the court using its
coercive powers
RULE 30: Trial
• Presentation of evidence
• Judicial investigation and determination of the issues between the parties and actions before a
court of competent jxn (?)
• Pre-trial à PTO clarifying issues; narrow down, simplify the issues for trial which will be
presentation of evidence; limit the issues not disposed of during the pre-trial
• Continuous trial; before it's only in criminal cases; now it's mandated
• Timeframe: Sec. 1
• Monday to Thursday (830 AND 2)

• Friday: hearing of motions
• ORDER of trial (Subject to provisions of Sec. 2 of Rule 31 (severance))
• Consolidation: several actions having common questions of law and facts; two or more
cases/actions; may be tried jointly
• Severance: only ONE action; case, but it involves a number of claims, CC, C-C; for which
separate trial may be ordered by the court
o OFFSHOOT of the rule on permissive joinder of causes of action; permissive joinder of
parties
• ORDER OF TRIAL: the trial shall be LIMITED to the issues in the pre-trial order
o PF adduces evidence (in support of complaint)
o DF adduces evidence (in support of his defense against the COA of the PF; CC, C-C,
4PC)
o 3PD, if there is
o 4PD, and so forth
o Party against WHOM a CC, C-C
o Rebutting evidence: rebuttal AND sur-rebuttal; the plaintiff will present rebuttal evidence
(to discredit the evid presented by the defendant); then sur-rebuttal (evidence that will
address the REBUTTAL)
§ NOT presentation of evidence ALL OVER again
o Decision
§ UNLESS the court orders the parties to argue or submit memoranda
• Oral offer of exhibits
o If the PF presents a witness, he will have to OFFER evidence (particularly exhibits) shall
be done ORALLY
o Not in writing
o Offering evidence (exhibits marked) not orally; the court will have to make a ruling
o After the PF is thorugh with his last witness, he will have to OFFER the evidence
ORALLY
o NO MORE OFFER IN WRITING
• AGREED STATEMENT OF FACTS
o Trial is presentation of evidence to enable the court to determine factual issues
DETERMINED during the pre-trial
o EVEN AFTER the pre-trial, the parties may agree to STIPULATE on certain facts to be
tried by the court
o If the parties agree already on the FACTS to be tried by the court, there is no needf or
presentation of evidence, the court can resolve only the legal issues;l the court will just
apply the law on the facts agreed upon
o Decision ist eh application of the law on the facts established; if the facts are already
stipulated, application of the law
o If the parties agree only on SOME facts, there will be a partial agreement; partial
stipulation of facts; the TRIAL shall continue with respect to the facts still in controversy
• Suspension of actions: governed by the civil Code and other laws
o Allowed as long as it is possible for the parties to arrive at an amicable settlement
o Art. 2030
o Not the rules of court applied when the court SUSPENDS the proceedings; the basis is
substantive law authorizing suspension of the proceedings
• Judge receives the evidence; may be delegated to COC who is a member of a lawyer: default, ex
parte hearing, parties stipulate in writing
o COC no power to rule on questions propounded during the presentation or to admission
of documents and things
o Resolved by the judge
o TBC: CM may rule on admissibility unless the power is taken away from him by the order

RULE 31 – Consolidation or severance
• C: several actions (2 or more) common q of law or fact; may be consolidated or just ISSUES
involved in several actions (recasting of issues)
o Whatever means the court finds necessary to resolve the issues pertaining to the actions
in courtmay be employed on consolidation
o Even just the issues; not necessarily only the issues
• Separate trials: claims tried separately etc
o Offshoot of rule on joinder of COA or permissive joinder of parties
RULE 32: TBC
• Commissioner: Person to whom a case pending in court is referred to hear the testimony, hear
the parties and submit a report to the court
• May render judgment
• PERSON to whom a case pending in court may be REFERRED to hear testimony of the parties;
eventually submit a report to the court; may be the basis of a judgment
• CM authorized to receive evidence; conduct a hearing
• Report may be the basis of a judgment by the court; may not be the basis
• REFERENCE
o By consent (Sec. 1): Written consent of both parties; any or all issues of a case to be
referred to a commission
§ Both parties give their consent
§ The CM will either be AGREED UPON by the parties OR appointed by the court
§ There is CONSENT on the part of BOTH parites
§ In this case, you don't qualify as to the issues. Just consent of the parties
o On MOTION (Sec. 2): the parties do not agree; motion of ANY of the parties OR upon the
court's own initiative; NOT in all cases that a party may file a motion for referral to a
commissioner; NOT automatic
§ ONLY in specific cases
• Referral on motion; cases
(1) Long account
§ Documentary evidence to be presented by the PF is in several crates; truckloads
of evidence; amount of the claim is P1 billion
§ Documetns may be referred to CM; because of the sheer volume of documents
(2) Taking of account necessary for the information of the court before judgment or for
carrying judgment or order into effect
(3) Q of fact, other than upon the pleadings, arises upo9n MOTION or otherwise, in any
stage of a case, or for carrying a judgment or order into effect
§ Issues require expertise of the parties
§ Q of fact assigned for submission of a report to the court
• ORDER of REFERENCE: court will issue; whatever the reason of the referral to the CM
o PDF (check codal)
• POWER OF CM
o SUBJJECT TO SPECIFICATION AND LMITATIONS STATED IN THE ORDER
§ He has the power to regulate hearings
§ As if the case is actually on trial
§ Check codal
§ May issue SAT; SDT
§ Swear witnesses
§ RULE on admissibility unles otherwise stated on the order of reference
o Compare with reception of evidence before the COC
• Example: Expropriation proceedings (Rule 67)

o Sec. 5: court appoints commissioners to determine JC
• Also in partition of property; parties cannot agree on partition
o The court will give the parties first to agree among themselves on how to partition
o IF they cannot agree, the court appoints commissioners
• Other provisions; self-explanatory
o Oath
o Commission of CM is FIDUCIARY; he is an officer of the court; holds a position of trust
and confidence
• Reprot: everything shall be attached to the report which he will submit to the court
• REPORT
o He does not make a decision
o BUT he can INCLUDE in the report his findings of fact AND conclusions of law
o But will NOT bind the court
o Eventually, the report will be SET for hearing AFTEr the objections are resolved
• Hearing à ORDER
o Adopting the report; modifying the report; rejecting it in whole or in part
o Recommitting with instructions
o REQUIRE the parties to present additional evidence before the Cm or COURT itself
• REASONABLE COMPENSATION (check codal)
• There are other special procededigns where appointment of CM is to be considered for resolving
certain issues similar to determination of JC in eminent domain cases
Reference to commissioner: no with consent, must be any of the cases under Sec. 2
• Commissioners: competent and impartial (just compensation)

• In cases also of partition of real property
• Required to take an oath
Demurrer to evidence (Rule 33)
• Order denying cannot be APPEALED or subject to CPM

o In civil cases; filing of DTE does not require LOC unlike in crim cases
• Upon the facts (based on evidence presented) and the applicable law, the plaintiff has shown no
right to relief
• Denied: DF may present defense evidence; no need for LOC
• If granted: case is dismissed; APPEALABLE
o If on appeal the appellate court finds that the court is incorrect; the evidence of PF is
sufficient to justify; it can render judgment immediately in favor of the PF
READ THESE CASES: Asian Construction and Development Corporation v. PCIB (488 SCRA 192); Ilo-ilo
Jar Corp. v. Aguila Glass (GR 219509)
Defenses: Negative: specific denial of material facts constituting (Sec. 10, R8)
Judgment on the Pleadings (Rule 34)
• Motion of the claiming party

• Why? Answer of the DF practically admits the allegations on the complaint (pleading of
claiming party); there is no issue; no need for trial; answer fails to tender an issue
• Court may proceed to render a judgment upon motion of the claiming party
• XPN: nullity, annulment, LS (SG determines if there is collusion)
• If it is apparent: MP render JTP

• If the court denies the motion for JTP, it shall not be subject to appeal, petition for CPM (any action
of the court on a motion for JTP)
o Court determines there is an issue to be tried; proceed to trial right away
o Appeal, CPM will just delay proceedings
• The averments are practically admitted
Summary judgment (Rule 35)
• There appears to be an issue, but one of the parties may show through supporting ADA that
there is really no genuine issue to be tried and he is entitled to judgment in his favor
• Filed by the claiming party OR the defending party (Iloilo Jar v. Aguila Glass)
• Sec. 1: SJ for claimant à party seeking to recover upon a claim, counterclaim or cross-claim or to
obtain a DR, at any time AFTER the pleading in ANSWER thereto has been served
o Claimant may move with supporting ADA for an SJ in his favor upon ALL or any part thereof
o There is an ANSWER to the pleading asserting a claim
• NO GENUINE ISSUE of any material fact to be tried as shown by the supporting ADA
• Sec. 2: SJ for defending party à at any time move with supporting ADA for a SJ in his favor
o All or any part
• Sec. 3: Motion
o Cite the supporting ADA
o Specific law relied upon
o Adverse party may file a comment and serve opposing ADA
o Within 5 days, nonextendible
o Unless the court orders the conduct of a hearing, the judgment sought shall be rendered
on the pleadings, ADA
• Action of the court, not subject to appeal or petition for CPM
• Denied, proceed to trial
• Sec. 4: case not fully adjudicated on motion
o Examine evidence, interrogate lawyer to find out if there is really a genuine issue
o If it ascertains there are facts with are not controverted/no genuine issue; deemed
established
o Controverted facts à PROCEED to trial accordingly
o No more trial on the facts which are not disputed
• IMPORTANT: Sec. 5: supporting and opposing affidavits (sworn statement opposing or supporting
the motion for SJ) shall be
o Made on personal knowledge
o Shall set forth such facts as would be admissible in evidence
o Shall show affirmatively that the affiant is competent to testify to the matters stated therein
o CERTIFIED TRUE COPIES of all papers or parts thereof referred to in the affidavit shall
be ATTACHED thereto or served therewith
• Supporting and opposing affidavits shall constitute TESTIMONIAL EVIDENCE in the case
• The declaration in the affidavit shall be of PERSONAL KNOWLEDGE, as required by the rules of
evidence when it comes to testimony of a witness
o If not, hearsay à inadmissible
• Set forth facts that would be admissible in evidence
o Two requirements for admissibility of evidence: RELEVANT and NOT EXCLUDED by the
Constitution, the law, or the Rules (Sec. 3, Rule 128)
o RELEVANT to the issue
o NOT EXCLUDED
Judgments, Final Orders and Entry Thereof (Rule 36)

• Judgments and final orders; start with the constitution (Sec. 14, Art. VIII)
• State clearly and distinctly the FACTS (as established by the evidence) and the LAW (applicable
to the facts) on which the decision is based
• Sec. 1: J OR FO determining the merits of the case shall be in WRITING
o Personally and directly prepared by the judge
o Stating clearly the facts and the law on which it is based
o Signed by him (the judge)
o Filed with the COC
• Judgment vs. Final and Executory Judgment
o Rule says judgment, not FEJ
o Judgment is the FINAL CONSIDERATION and determination by the court of the rights of
the parties as those rights presently exist upon the matters submitted to it upon the action
o The court's last word on a judicial controversy
o Example: Action for damages. PF says he is liable. DF says he si not liable. Court renders
JUDGMENT awarding damages in favor of the plaintiff. That is the final consideration and
determination by the court of the rights of the parties to the case as those rights presently
exist upon the matters submitted to it in the action
o Nothing more is left to be done, except to wait for whatever action that the losing party will
do
• Final order v. Final and executory order
o FO: an order of the court that puts an end to a particular issue presented to the court, and
usually puts an end to the case before the court
o It's already an adjudication by the court on the issue presented to it for its resolution which
is practically disposed of already
o Interlocutory order: does not put an end to an issue/controversy before the court
o Order to grant the demurrer: FINAL ORDER; puts an end to the case, all that is left to be
done is to wait for whatever action that the losing party will do
• Judgment or final order; entry (Sec. 2)
o No appeal or MR (of J/FO) is filed within the time provided for
o Becomes F/E
o Recorded in the book of entries of judgments
o Recording is the best evidence that it is already final and executory
o IMPORTANT: The date of finality of the judgment or final order shall be DEEMED to
be the date of its entry
§ The judgment becomes final 15 days after promulgation or notice
§ Automatic upon the lapse of 15 days; operation of law
§ It is not the ACTUAL DATE that the COC records the judgment in the book of
entries (it may be 60 days, 90 days, 5 months after; that is beside the point) the
date it ACTUALLY became F/E shall be DEEMED the date of its recording
§ If it attained finality in May, but recorded in November, it is DEEMED entered in
May
o Record shall contain the dispositive part of the JFE and shall be signed by the COC
• Several parties (Sec. 3)
o Two or more PFs/DFs
§ For or against one of the several PFs/DFs
• Several judgments (Sec. 4)
o Several defendants
o The court may, when proper, render judgment against ONE or MORE of the defendants,
leaving the action to proceed against the others
• Separate judgments (Sec. 5)
o More than one claim for relief (C-C, CC)
o Joinder of causes of action
o Proceedings may terminate with respect to one or some of the claims

oThe court may already render judgment with respect to those claim/s
oProceed to trial with respect to the other claim/s
oCourt may order that the execution may be deferred until there is judgment already with
respect to the remaining claims
• Judgment against entity without juridical personality (sec. 6)
New Trial or MR (Rule 37)
• Whoever has the ground may file (in civil cases) à either of the parties (aggrieved one)
• In criminal cases (only the accused may file)
• When to file: Within the period to appeal (Sec. 1)
• Generally, it is 15 days from promulgation of the judgment or notice of the final order
• Subject of a new trial may be a J OR FO
• Grounds (similar to setting aside order of default)
o FAME which ordinary prudence could not have guarded against, and by reason of which
such aggrieved party has probably been impaired in his rights
o NDE, could not, with reasonable diligence, have discovered and produced at the trial
• MR grounds
o Damages awarded, excessive
o Conclusion in the decision or FO does not
o Contrary to law
• MR v. MNT
o NT: the defect is in the proceedings; party filing is aggrieved because of the defect in the
proceedings that transpired
§ FAME impaired the rights of the aggrieved party
§ His rights were impaired; judgment was against him
§ Example: Aggrieved party was unable to present evidence because he did not
attend the hearings and the court issued an order to the effect that he has waived
his right to present evidence due to his repeated failure to attend. Yun pala, he did
not know the dates for presentation because the notices were being intercepted
by the counsel of the other party, who CONNIVED with the process server of the
court. They made it appear that the AP was receiving the notices of the court. They
forged the signature of the aggrieved party. The court, believing the AP received
the notices, was prompted to make the order. There was FRAUD.
§ What is the remedy? CONDUCT new trial. Reopen the proceedings. For him to be
able to present the evidence.
o MR: the defect is on the judgment itself; on the VERY face of the decision, the damages
are excessive, or evidence is insufficient to justify the conclusion or that the law applied is
not the applicable law
§ Clear from the FACE of the judgment itself
§ No need for new trial; what the court needs to do is REVIEW the trial
Two petitions: Petition for relief from judgment or final order and petition for relief from denial of appeal
New Trial and Reconsideration: within the period to appeal
• Grounds NT: FAME, NDE

• MR: damages excessive, contrary to law, not supported by evidence
• NT: the defect is in the proceedings that led to the RENDITION of judgment
• MR: the defect is in the judgment itself
• Both NT/MR: must be in WRITING (not verbal), with NOTICE to the adverse party; if based on
FAME, must be supported by an affidavit narrating the circumstances constituting FAME; it is not

enough that the moving party states that there was FAME, state the circumstances; AND state
under oath his meritorious COA or DEFENSE by affidavit; because eventually there will be a trial
de novo; it will be useless to hold the TDN if the party in whose favor it will be conducted has no
meritorious COA or defense
• NDC: affidavit by the witness from whom such evidence is expected to be given (evidence may be
testimonial, documentary or object); OR by duly authenticated documents which are proposed to
be introduced in evidence
o When you say document, it is generic (documentary evidence is also considered object
evidence)
• MR: Point out specifically the findings or conclusions of the judgment or FO which are NOT
SUPPORTED by the evidence or which are contrary to law
o Make express reference to the testimonial or docu evidence or provisions of law alleged to
be contrary to such findings or conclusions
o Point to the specific findings or conclusions and CITE the law
o If MNT/MR does not COMPLY with these requirements, it will be considered PRO
FORMA
• PRO FORMA motion will NOT interrupt the period of appeal
• Second MNT: may be filed within same period to appeal; must be BASED on grounds not existing
when the first motion was filed
o If denied, fresh period of 15 days (Neypes rule)
• No 2nd MR
• AN order denying a MNT/MR is not appealed, the remedy being an appeal FROM the judgment or
FO
o Not the order denying
RULE 38: Relief from Judgments, Orders or other Proceedings
• We have to go back to Rule 36, Sec. 2: the date of finality of the J/FO shall be deemed to be the
date of its entry
o Entry of judgment is the RECORDING of the J/FO in the book of entries of judgment
o Recording, provided that the J/FO has already become F/E
o Only J/FO that have become F/E (no other remedy is available) are REQUIRED to be
entered in the book of entries of judgments
o Once you see a J/FO appearing in the book of entries of judgments, it is the best proof that
the J/Fo has already become F/E
o The date of finality shall be DEEMED the date of entry: the date of entry will be the date of
finality; EVEN if not actually recorded yet
o Judgment: final, no appeal taken (15 days); it shall be recorded
• RELIEF: equitable relief to give the party one last opportunity to seek relief from a J/FO/Proceeding
that has already become F/E; he was unable to avail of the remedies against the J/Fo rendered
against him and it became F/E NOT due to his fault but because of the grounds (FAME)
• THROUGH no fault of his
• Equitable: fair, just and reasonable under the circumstances
• Two pleadings:
• 1st: Relief from J/FO/OP (Sec. 1)
o J/FO is entered (final, whether entered or not), or any other proceeding is thereafter taken
(after the entry), against the party in any court through FAME
o He may file a petition in such court and in the same case (same docket number) where the
judgment was rendered or final order was issued or where the proceedings are being taken
o Very same court, under the very same case
• Relief from denial of appeal (Sec. 2)

o Court issued an order DENYING his notice of appeal (out of time); but it was not his fault
that it was filed out of time (maybe the gross negligence of his lawyer); he relied on his
counsel; it is excusable
o He may file
• Sec. 4: meritorious cause of action or defense; apart from FAME, he has a meritorious COA or
defense; eventually if the petition is granted, the judgment will be set aside
• Sec. 5: court may issue PI to protect the rights of the parties (stay execution of the judgment)
o Posting of a bond by petitioner
o Hold in abeyance the execution of the judgment
• Sec. 6: After filing of the answer or the expiration of period therefor, court shall hear the petition
o If allegations not true, petition dismissed
o If true: J/FO/OP set aside
o As if such JFP had never been rendered, issued or taken
RULE 39: Execution is a PROCESS or REMEDY for the enforcement of a judgment. It is a part of
pending proceedings in the case in court.
• WOE: Judicial writ issued to a sheriff authorizing/requiring him to execute the judgment of the court.
• Majority of the provisions pertain to the role of the sheriff.
• Judgment/FO v. Judgment/FO that has become F/E
• FO (practically puts an end to the case before the court except to await the next move of a party;
resolves a particular issue before the court; practically disposes of the case already) v. Interlocutory
order
• Sec. 1: If the judgment/FO has already become F/E, execution becomes a matter of RIGHT on
the part of the judgment obligee (prevailing party)
• Sec. 2: If the judgment/FO is not yet final and executory, there may be execution of the judgment
or final order if there is GOOD REASON to execute the judgment (Discretionary execution;
execution pending appeal)
• Whether it is a matter of right OR discretionary: there must be a MOTION filed by the judgment
obligee
In connection with JTP and SJ, two cases were assigned; ASIAKONSTRUKT and Ilo-ilo Jar
• Will be included in the exams to understand the distinction

• No genuine issue of fact to be tried
• Ilo-ilo Jar v. Comglasco: JTP v. SJ
• JTP can already be considered SJ because there was really no genuine issue to be tried.
Two petitions for relief: petition for relief from judgment/FO/P; petition for relief from denial of appeal
• Judgment adverse to petitioner became F/E; issued against him because of FAME à unable to
avail of any of the remedies (A/MNT/MR) through no fault of his but through FAME à That's why
he is given equitable relief
o As if a timely MNT/MR has been filed
o If denial of appeal, as if timely appeal was filed
• PFR: affidavit narrate the circumstances constituting FAME; AND a statement under oath of
meritorious COA or DEFENSE; it would be useless if not
• Same requirement for MNT on the ground of FAME
• Same requirement for motion to set aside order of default because defendant was not able to
answer due to FAME
• In the three instances, need for meritorious

• PFR: 60 days upon learning; not later than 6 months after it has become F/E (not the date of
recording)
RULE 39: EXECUTION, SATISFACTION and EFFECT of JUDGMENTS
• Execution: legal remedy for the enforcement or implementation of a judgment or final order
o It is part of the proceedings in the case still pending in court
o WOE: judgicial writ issued to an officer (sheriff) authorizing or requiring him to execute,
enforce or implement a JFO of the court
• As a matter of right: JFO has become final and executory
o Final order is different from an interlocutory order
• Execution is allowed as a matter of right if JFO has become F/E
• Even if it has not become F/E, it may be executed under Sec. 2 (Discretionary exec/exec pending
appeal)
o Justification is existence of a GOOD REASON to execute the J/FO even if the same has
not become F/E
o Not a matter of right; discretionary upon the court
o Court will determine WON there is a good reason
• Sec. 1: Two situations
o First: Period to appeal has expired and no appeal has been PERFECTED
o Second: An appeal has been perfected but finally resolved at the appellate level
o Either way, the judgment has become F/E
§ First: no appeal or any other remedy was taken, that's why it became F/E
§ Second: there was an appeal, but it has been finally resolved
o The MFE shall always be filed and granted by the COURT OF ORIGIN
• Sec. 1: As a matter of right ON MOTION upon a J/FO that disposes of the action or proceeding;
the motion shall be filed WITH THE COURT
o It became F/E in the CA: the CA will record it in its book of entries
o MFE shall be filed STILL at the RTC (court of origin)
o What is to be done is just to attach to the MFE the certified true copy of the J/FO and of
the ENTRY of judgment with notice to the adverse party
o The CA will issue a certification titled "Entry of Judgment"
o No need to wait for the records of the case; sometimes it takes months or years for the
appellate court to remand the records to the court of origin
o Only show to the court of origin that the judgment has become F/E by attaching the
certification of the entry of judgment
• Sec. 1(3): MFE shall always be filed with the COO
o It is the COO which will issue the WOE
o If there is an appeal, and the CA decided the case with finality, still file it with the COO
o If the COO REFUSES to act on the MFE which is a matter of right, file a motion with the
CA for the CA to DIRECT the COO to issue the WOE
o It became F/E already at the level of the appellate court
o The higher court may order the COO to issue the WOE
o Principle: it is ALWAYS the COO that will order the execution, enforcement,
implementation of a J/FO that has become F/E
o Whether it became F/E at the COO or at the AC
• Sec. 2: The J/FO has not yet become F/E
o Motion of prevailing party WITH NOTICE to adverse party
o Filed in the trial court (which rendered the judgment/tried the case)
o WHEN: WHILE it has JXN over the case
o AND is in possession of the OR or the ROA
o At the time of the filing of the motion

o Said court may order execution of the J/FO EVEN BEFORE the expiration of the period to
appeal
o Allowed because there is good reason
• When an appeal is taken from a J/FO, JXN over the case is eventually transferred from the court
that rendered the judgment/issued the order to the appellate court
o So that the AC may exercise appellate JXN over the case
o File the motion for discretionary exec with the trial court WHILE it still has jxn over the
case, in possession of the records
o If it has already lost JXN, it cannot act on the MFDE
o OR/ROA: summary of what transpired during the case
• After the trial court has LOST jxn, the MEPD may be filed with the AC
o If the judgment/FO has become F/E, execution will become a matter of right ALWAYS
before the COO
o If discretionary, may be filed with AC when the trial court has lost jxn; file it when the COO
already has jxn and has possession of the records à COO can still grant the motion even
after it has LOST jxn but while still has in its possession the RECORDS of the case (FILED
BEFORE JXN WAS LOST); even if the jxn are lost but the records are with the court, the
court may still act; it is RESIDUAL jxn of the trial court; what is important is FILE IT WHILE
IT STILL HAS JXN
• DE may only issue upon GOOD REASONS to be stated in a special order AFTER due hearing
o The court would have to determine WON there are compelling reasons to execute the
judgment even if it is not yet F/E
o Grant of DE shall be contained in a special order
o There may be special circumstances warranting immediate execution of the judgment
o There may be situation where injury or harm has already been caused to the losing party
o Damages may already arise if it is to be executed right away
o There must be considerations of superior circumstances DEMANDING urgency
§ Judgment has already become ineffective
§ Object subject of litigation is PERISHABLE or tends to deteriorate
§ Prevailing party is already of advanced age
§ Judgment is one for SUPPORT
o Good reasons must be stated in the special order; it is still up to the court where the MDE
is filed
• Sec. 3: Stay of DE
o DE if granted may be STAYED upon approval by the proper court of a sufficient
supersedeas bond filed by the party AGAINST WHOM it is directed (losing party)
§ Bond conditioned upon the performance of the J/O allowed to be executed in case
it shall be finally sustained in whole or in part
o Judgment eventually be satisfied if the judgment is sustained on appeal
o Party against whom it is to be executed that may file a SB
• Stay of DE upon the posting of a bond is ALSO DISCRETIONARY
o Not because the losing party is capable is putting up a bond in such an amount to protect
the winning party that the court will already stay
o It is still discretionary on the court on WON to stay the exec upon the posting of SB
• Sec. 4: certain judgments that are enforceable UPON rendition
o Should be executed or enforced already upon their rendition; enforce already EVEN if it is
still appealable; no need to show GOOD reason
o By their very nature, they are immediately executory
§ Judgment in actions for injunction, receivership, accounting, support, other
judgments declared as IE
o Injunction: commanding a person to refrain or desist from performing a particular act
because it will cause irreparable injury to a party
§ Precisely intended to avoid irreparable injury to another party

o Receivership: subject of litigation is property; court will appoint a receiver to preserve,
manage the property, prevent it from loss, damage or visitation (dissipation?); the very
nature of receivership is also to PREVENT damage or injury to one or both of the parties
§ Receiver considered an officer of the court
o Accounting: there has to be immediate accounting of property in danger of being lost as
well; money is being utilized but you do not know how much, it has to be accounted for
right away
o Support: indispensable for the sustenance, clothing, dwelling, medical attendance,
education of the party intended to be supported
§ Do not delay because it is indispensable
o Matters that need urgent enforcement and implementation
o Not stayed simply because it is not yet F/E because an appeal ahs been taken
o Appeal prevents a judgment from becoming F/E, but here a judgment is immediately
executory UNLESS ordered otherwise by the court that rendered the judgment OR stayed
by the appellate court
§ But if the COO and AC are silent on WON it should be stayed, it is IMMEDIATELY
enforceable although not yet F/E
o Others: judgment for actions for FE/UD: special civil actions for immediate recovery of
possession of real property; physical possession of property; one is being deprived of
possession of a house or building; if the DF loses, it is immediately executory rendered at
the level of the MTC (R70, Sec. 19)
§ Unless there is an appeal, supersedeas bond and payment of rents, damages,
costs etc.
§ Sec. 21, R70: RTC, DF loses, immediately executory even if the DF
o Others: Decisions, orders, rulings of QJ agencies referred to under Rule 43 are
appealable to the CA under Rule 43
§ The appeal is by way of petition for review
§ However, the appeal will not stay execution; it is ENFORCEABLE upon rendition
§ Even if appealed already with the CA, the appeal will not stay execution unless
ordered by the CA
• Sec. 5: effect of reversal of executed judgment
o Reversed totally or partially or annulled on appeal or otherwise
o The TC may issue orders of reparation or restitution of damages as equity and justice may
warrant under the circumstances
o Na-enforce na; there is an action for annulment of judgment; found to be annullable
• Sec. 6: F/E judgment or order may be executed on motion
o When: within five years from the DATE of its entry
o There is ALWAYS a need for a motion EVEN if execution is a matter of right
§ Why? Baka magkadoble (satisfied na pala)
§ There should be a hearing
o 5 years after the date of entry and BEFORE barred by prescription
§ File an ACTION for the REVIVAL of the judgment; motion no longer allowed
§ Court will have to render a judgment REVIVING the J/FO to be executed
o Once REVIVED, the revived judgment may be enforced by filing a MOTION within 5 years
§ Thereafter, action
• Sec. 7: Execution in case of death of party
o Judgment obligee (winning party) dies
§ Judgment may still be enforced UPON APPLICATION of his executor,
administrator or successor in interest
o Judgment obligor (losing party) dies
§ Judgment may still be enforced by the prevailing party filing a MFE against the
E/A/S of the losing party

§ ONLY if the judgment is recovery of real/personal property OR enforcement of a
lien thereon
§ NOT for judgments for sum of money à has to be presented to the ESTATE of the
deceased (sum total of the property left behind by the deceased, extension of his
personality for purposes of settling debts and obligations incurred by him during
his lifetime)
o If the obligor dies and property belonging to him has already been SEIZED even BEFORE
his death; the same may be sold for the satisfaction of the judgment obligation
§ The officer shall account to the corresponding executor/administrator for any
surplus in his hands
RULE 39
• Execution by motion: 5 years from the date of entry (date the judgment becomes F/E à Sec. 2,
Rule 36)
• After the period, no longer by mere motion; the prevailing party should file action for revival
o Once revived, another five years from entry of the revived judgment
o There must be an action reviving the original judgment
• If the judgment debtor dies but there is actual seizure of property by the sheriff (it may be
constructive seizure) and appropriates the property (levy on execution)
• Money judgment: file it as a claim against the estate of the deceased
• Execution of judgments for money
o Payment shall always be directly to the winning party; not to the sheriff
o May be in cash or certified bank check or other form of payment acceptable
§ That is when the sheriff goes against the property of the judgment debtor (when
he does not pay)
o The judgment obligor is given the opportunity to tell the sheriff
o The judgment obligor is given the option to choose which property of his shall be ceased
by the sheriff. If he does not exercise that option, the sheriff will seize property, but will
start first with personal property (not exempt) and thereafter go after the real property
o If not enough, the sheriff may go after property of losing party in possession of third
parties (garnishment)
o Can include bank deposits
o How will he seize such property? This is only if the real and personal property IN
POSSESSION of the judgment obligor are not enough to satisfy the judgment
• Execution of judgments for specific acts
o Self-explanatory
o Conveyance of land/personal property
o Delivery or restitution of real property: judgment orders restitution; losing party given 3
days to peacefully turnover possession; if he does not, the rule authorizes the sheriff to
oust the possessor with the assistance of peace officers
o If there are improvements in the premises constructed or planted by the judgment obligor,
he may be given the opportunity to remove the improvements; the officer shall NOT
destroy, demolish or remove said improvements except upon special order of the court (if
the judgment obligor fails to remove)
• Execution of special judgments: judgment commands performance of particular act which only
the losing party (judgment obligor) can perform
o Failure may be punished for contempt
o WOE served to the losing party with the CTC of the judgment
• Levy: Actual or constructive seizure of property to place it under custody or control
o LOE shall create a LIEN in favor of the judgment oblige over the right, title and interest of
the judgment obligor in such property at the time of the levy

o By the time it is levied, the interest of the owner of the property levied is now INFERIOR
to the one in whose favor the levy was made
• Return of the WOE: If the judgment is fully satisfied, the sheriff shall make a return
o Return: report of the sheriff regarding the execution/implementation of the judgment
o Return of the WOE: if it is fully satisfied, the sheriff returns the WOE to the court; if not,
no need to surrender, just make a regular report every thirty days of the proceedings on
execution
o Until the judgment is fully satisfied, the writ of execution need not be surrendered to the
court
• Property claimed by third person: When a property to be seized or actually seized by the sheriff is
being CLAIMED by third person, there is a third party claim on the property
o Winning party must file a bond to indemnify the third party claimant if he turns out later to
be the owner
o Bond to protect the sheriff
o IMPORTANT: If the WOE is issued in favor of the Republic of the Philippines or ANY
officer duly representing it, the filing of the bond is not REQUIRED even if there is a third
party claimant
• Sec. 18: Judgment obligor may prevent the sale by paying the amount required by the execution
and the costs that have been incurred therein
• Sec. 20: Auction/judicial sales à always to the highest bidder
• Sec. 29: If the judgment obligor buys back the property, no one else can redeem it; in the
meantime that he has not exercised the right of redemption, he has one year
o Whatever earnings come from the property shall belong to the judgment obligor
o Title will not yet be transferred to the purchaser since the JO still has the right to buy back
the property
• Purchaser or redemptioner shall not be entitled to receive the rents etc; all rents, earnings, etc.
derived from the property pending redemption shall belong to the judgment obligor until the
expiration of his period of redemption
• If it is not redeemed, title of the property will be given to the purchaser
• Sec. 36: WOE remains unsatisfied
o Possible remedy: the judgment obligee may ask the court to issue an order requiring the
judgment obligor to appear before a court or a commissioner appointed by the court so
the judgment obligor may be examined to question him regarding his property and
income
o Enables the court to determine whether the judgment may be enforced against the
income or particular property
o It is not only the judgment obligor himself that may be examined; even persons in
possession of property belonging to the judgment obligor may be required to appear
before the court/commissioner
RULE 40 – APPEAL FORM THE MTCs to the RTCs
• Appeal is a purely statutory right;

• Appeal to the second-level court; J/FO of the MTC (first-level courts)
• To the RTC exercising jurisdiction over the area to which the former pertains
• Party appealing: Appellant; adverse party: appellee
• Title of the case shall remain the same as it was in the court of origin
• Sec. 2: 15 days after notice (receipt of a copy à may be his counsel) to the appellant of the J/FO
appealed from
o ROA is required: file NOA and ROA within 30 days after notice of the J/FO
• When the appeal is perfected, the court which rendered the J/FO has to transmit the entire record
to the appellate court

o The AC has to review the proceedings that transcribed before the court of origin that led
to the J/FO
• However, if it's a case where multiple appeal may possible arise (e.g. separate judgments,
particular claim has been decided)
o Not the original record will be transmitted because there will be still trial on the OTHER
claims
o ROA: summary of what transpired (everything pertinent to the proceedings that led to the
J/FO with respect ot that particular claim)
• Period of appeal interrupted by a timely MNT/MR; if denied, there is a fresh period of 15 days to
appeal (Neypes rule) à applies also in criminal cases
• No motion for extension of time to file a MNT or MR is allowed
• Sec. 3: HOW to appeal
o Mode of appeal
o Filing a NOA with the court that rendered the J/FO appealed from
o Very court that rendered the J/FO
o NOA: parties to the appeal, part appeal from
o IMPORTANT: MATERIAL DATA RULE (state in the NOA the material dates showing the
timeliness of the appeal)
§ DATE he received a copy of the J/FO
§ He must show that at the time he files the NOA, it is within the 15 day period of
NOTICE of the J/FO
§ Without that, the appeal may be dismissed
o IMPORTANT: NOA or ROA (if required) shall be SERVED on the adverse party
§ Failure is ground for dismissal of the appeal
o ONLY ONE MODE FROM MTC à RTC: ORDINARY APPEAL
• Perfection of appeal: Sec. 9, Rule 41 (Sec. 8, Rule 42)
• Within the period for taking an appeal, the appellant shall pay to the COC which RENDERED the
J/FO the full amount of the appellate court docket and other lawful fees
o Proof of payment shall be transmitted to the appellate court together with the original
record or the ROA as the case may be
• Sec. 6: Within 15 days from the perfection of the appeal, the COC or the branch COC of the lower
court shall transmit the OR or the ROA, together with the exhibits and transcripts, which he shall
certify as COMPLETE to the RTC
o A copy of the letter of transmittal of the records to the appellate court shall be furnished
the parties
o TAKE NOTE: within 15 days from perfection, TRANSMITTAL of COC (MTC) à RTC
o Whether OR, or ROA, lahat kasama (transcripts, exhibits)
o If ROA, only transcripts, exhibits PERTINENT to the claim
• Sec. 7: SUBMIT MEMORANDUM from receipt of NOTICE from the RTC that the records have
been received
o Memorandum will point out the alleged errors
• Sec. 8: Involves an appeal form the MTC to the RTC
o MTC dismissed the case without conducting a trial
§ Reversed: proceed with the trial, remand
o If MTC is correct, and the ground is lack of jurisdiction
§ And RTC has jurisdiction, the RTC tries the case on the merits as if the case was
originally filed with it
Rule 40
• Judgment or final order of the MTC

o Appeal to the RTC exercising jxn over the area to which the former pertains
• Title of the case retained from court of origin

• Mode of appeal: ordinary appeal à NOA under Sec. 3
o File the NOA with the very branch of the MTC which rendered the judgment or issued the
final order
• Material data rule: state when the party appealing received the copy of the JFOR
• ROA: in cases of multiple appeal; the court cannot transmit the entire records
o What is required is ROA
• BUT there is only one MODE of appeal from the MTC
• When MR/MNT is filed and it is denied
o FROM receipt from the copy of the order of denial (notice of the denial) à another 15
days
• Payment of the appellate court docket/lawful fees
• Party appealing must himself point out in his memorandum the alleged mistakes committed by
the MTC
• MTC dismissed the case à lack of jxn à affirmed à RTC may try the case
Rule 41: Appeals from the J/FO of the RTC
• What may be appealed

o JFO that completely disposes of the case
o Particular matter declared by the Rules to be appealable
o As distinguished from interlocutory order (not appealable)
• Memorize unappealable cases
o In all above instances where the JFO is not appealable, aggrieved party may file action
under 65
• What is sought to be done is to determine whether or not there was indeed an ERROR of
judgment committed
o Error of judgment is being corrected, NOT an error of jurisdiction
o Appeal v. certiorari v. Rule 45 (appeal to correct an error of judgment)
o 65: court issued J/Fo or any ruling whatsoever without jurisdiction or lack or excess of
jurisdiction
o No court has jurisdiction to ABUSE his discretion
o Error of jurisdiction is CORRECTIBLE by certiorari (not because erroneous, but with
excess of jurisdiction)
• How is an appeal taken from a J/FO of an RTC?
o Three modes of appeal under Sec. 2 depending on the circumstances
§ Ordinary appeal: RTC exercising original jxn
• Filing NOA with the branch of RTC that rendered the judgment; furnish
copy to the adverse party
• Multiple claims, counterclaims; separate or several judgment
§ Petition for review: Rule 42; the judgment of the RTC is rendered in the exercise
of its appellate jurisdiction
• Example: FE/UD à appealed to RTC à RTC affirms (appellate jxn) à
PFR to Rule 42 with the CA
§ Appeal by certiorari: Only issue to be raised is a pure question of law; it is the SC
that would be the final arbiter; appeal with the SC (Rule 45)
• Record on appeal (Sec. 6)
o Includes everything pertinent to the judgment or final order that is being appealed
• Approval of ROA (Sec. 7)
• If both parties appeal, they can file a both ROA (jointly prepare the ROA)
• Perfection of the appeal; when the court loses jurisdiction over the case
o Ordinary appeal: perfected as to appellant upon filing of the NOA in due time
§ If the other party filed a NOA in due time, it is also deemed perfected as to him
§ If the 15 day period expires, the court loses jxn over the case

o ROA: perfected upon approval of the court of the ROA in due time
• FOCUS on Sec. 9
o LAST PAR: Even if the court loses jurisdiction
o Residual jurisdiction: motion for execution filed before losing jxn
• Sec. 13: motu proprio dismissal for having been filed out of time
Rule 42
• RTC exercising appellate jxn

• 45: SC always
• Has to pay docket and other lawful fees; he may ask for an extension of time to file PFR AFTER
he has paid the fees (15 day extension)
o After that, except for COMPELLING REASON
o Total extension: 30 days; but conditioned upon the payment of the fees and deposit of
costs
• Petition must be VERIFIED: certification that the allegations in the petition are true and correct;
plus other implications of verification
• Contents
o ASSIGNMENT OF ERRORS: this is an appeal, there is supposed to be an error of
judgment committed by the RTC in rendering judgment in the exercise of its appellate
jurisdiction (either J/FO of the RTC in the exercise of its appellate jurisdiction is incorrect
because it is contrary to law or not supported by evidence)
o Reasons or arguments which he claims why these portions of the J/FO are contrary to
law or not supported by evidence; not enough to state that the same is contrary to law/not
supported by evidence
• This is an APPEAL; question is not jurisdiction, but judgment which is allegedly erroneous
• Contents (cont'd)
o CNFS
• The appellant becomes petitioner, he is seeking review
• MATERIAL DATA RULE
• Grounds for dismissal
o Payment of the fees
o Check other grounds
o Non-compliance with contents
• Due course: CA may require adverse party to COMMENT on the assignment of errors, primarily;
he can point out the other defects to the petition
• Three grounds for immediate dismissal for petition for review (42, 43, 45)
o Patently without merit
o Prosecuted for delay
o Questions too unsubstantial
• CA may give due course
o Prima facie only on the basis of what has been presented that the lower court has
committed an error of law and fact that will warrant the reversal
• When is it deemed perfected; when does the RTC lose jurisdiction over the case
o Sec. 8
• Sec. 9: when the case is considered submitted for decision
Rule 43
• Quasi-judicial agencies enumerated (CTA no longer included, it's the same level of the CA)
• Exercise of their QUASI-JUDICIAL FUNCTIONS (judgments, ordered, awards, resolutions)
o Appealable to the CA

• Period to appeal the same à 15 days
o Some QJ agencies require PUBLICATION of its decision (Sec. 4)
§ 15 days from last publication
• Form of the contents
o The same as Rule 42 basically
o Verified
o CNFS
o Point out the errors (you don't expect the CA to look for the errors, the appellant must
point out in his petition
• Grounds for dismissal: same also (merit, delay, unsubstantial)
• Due course: finds prima facie that the QJ agency has committed an error of fact that would
warrant a reversal of the award, judgment etc
o Prima facie: looking at the assignment of errors and the arguments raised, it would
appear that the agency has committed an error of fact or law
• Sec. 10 (last sentence, important): findings of fact of the agency concerned, when supported by
substantial evidence, shall be binding on the CA
• Sec. 12 (important): among the judgments/FO which are considered executory upon rendition are
those rendered by QJ agencies
o Executory, UNLESS stayed by the CA upon terms which are just
o Even if on appeal with the court of appeals
Once the appellant is notified that all the records have been received; mandatory for the appellant to file
his memorandum
Appellant brief: appellee's brief, when, appellant may file reply brief (Rule 44)
Next meeting: Rule 44-
Sec. 6: In ordinary appeal to the CA (RTC orig jxn), the entire record
CA may declare that the record, though incomplete
Will not prevent the CA
Check the briefs required:
C/P/M/QW/HC
Civil Procedure
• Three modes of appeal: OA (RTC orig jxn); PFR42 (RTC appellate); PFRC45 (questions of law
only)
• When to appeal: 15d; ROA 30d
• Modes of appeal going up is the same as in criminal cases
• NOA: material dates showing timeliness of the appeal
• Summary
• Filing NOA in due time: perfects the appeal with respect to the appellant; expiration
• ROA: upon approval of ROA filed in due time
• Loses jxn: while it still has the record, it will still exercise residual jxn (compromises, etc.)
• PFR: Petition with the CA to review a J/Fo of the RTC rendered or issued in the exercise of its
appellate jxn. Period to appeal: 15 days from notice of the judgment/FO

• 15 days, motion; most compelling reason: 15 days more
• GENERALLY: only one extension, provided, docket and other fees are paid
• CONTENTS of PFR: verified, assignment of errors being imputed to the RTC; including
arguments/reasons behind the assignment of errors; CNFS; statement of timeliness of the appeal
(material date rule)
• PFR: court may require comment
• OUTRIGHT: if on the face of the PFR: patently without merit; delay; questions raised are too
unsubstantial to merit consideration
• DUE COURSE: prima fcie if there is basis for reversal or modification of the decision
• Appeal: errors of judgment; certiorari: errors of jurisdiction
• Ordinary appeal: plaintiff, defendant (appellant-appellee)
Rule 43: Appeal from QJ
• Mode of appeal is petition for review under Rule 43 (not included CTA)
• Content: practically the same as PFR under Rule 42
o Assignment of errors
o Arguments
o Material date rule
o CNFS
• Period: same 15 days; if it is required to be published: 15 days after last publication
• Outright dismissal: noncompliance with fees; content requirement
• Otherwise: comment
• Outright dismissal: prima facie lack of merit; delay; too unsubstantial
• QJ decisions: immediatelyu executory; unless stayed by the CA
Ordinary appeal
• Submission of briefs
• If MTC à RTC (memorandum contains the assignment of orders)
• Mandatory for the appellant to submit a memorandum stating among others the alleged errors by
the MTC; otherwise, dismiss
• PFR: it is in the petition where the alleged errors
Rule 45 is a mode of appeal; in fact in CIVIL CASES, it is the ONLY mode of appeal to the SC (what is
required is only questions of law)
• XPN in criminal cases: Decision of the CA imposing the penalty of RP/LI/D; appeal from the CA to
SC by way of notice of appeal (penalty imposed is DRPLI)
• Before, SB to the supreme court, 45; now it's just notice of appeal in criminal cases
• Ordinary appeal: the appellate court would require the entire records
• 65: is the remedy to commit an order (it is not the judgment that is erroneous, it is an error of
jurisdiction)
o Or with grave abuse of discretion
o No tribunal/court has jurisdiction to abuse its jurisdiction
• 45: findings of fact is given weight by the supreme court
o SC has come up with several exceptions although the Constitution and the Rules
o SC may also look into the facts
o INSERT EXCEPTIONS
• 30 day extension by the SC
• CONTENTS: same as other PFR
• Outright dismissal: more dismissal of PFRs in the SC than the CA;

• Same grounds for dismissal: without merit; delay; too unsubstantial'
• Sec. 6: often asked in the bar
o Character of the reasons why the SC would give due course to the PFR
o REVIEW to the SC is not a matter of right; it is discretionary; granted only for SPECIAL
and IMPORTANT reasons therefor
o Issue not determined by the supreme court
o OR has decided the question not in accord with the law or applicable
o OR departed from the applicable law as to call for the exercise the power of supervisions
• D/RP/LI: AUTOMATIC REVIEW
Annulment of judgment
• Fraud: extrinsic fraud

• EF: Collateral fraud: 60 days from knowledge
• 60 days must be within the 6 month period (petition for relief)
• If it is fraud that is the reason why a judgment was adversely rendered, and he was unable to
avail of MNT, PFR; Rule 47 (annulment on the ground of fraud)'
o Unless the party is barred by laches or estoppel
o There is already negligence to assert a right
• Annulment of judgment is available only on civil cases
• Sec. 5: Summons shall be served on the respondent
o In accordance with Rule 14
• Sec. 6: reception of evidence à MEMBER of the court or judge of RTC
• What happens If the court finds merit in the petition: in the meantime the period of prescription is
deemed interrupted
• Sec. 9: damages, AF, other reliefs
o If already execution: restitution or other relief
Oral argument
• Discretionary on the CA
• Very seldom to courts allow
Wrong appeal would also merit a dismissal; not
Judgment of the CA must comply with the requirement of the Constitution – state the f
• 3 justices of the division of the CA must be unanimous

• All justices must be unanimous; all three justices must have the same vote
• If there is no unanimity; the Chairman has to refer the division for raffle; two divisions will be
added for a special division; three justices are needed
• Sandiganbayan is the same; three out of the five must vote
• Entry of judgment
o 15 days from notice to the losing party within which to file either MR or MNT
o Book of entry
o It is not the physical recording of the J/FO that will constitute the entry; the date of entry is
deemed the date the judgment became F/E
• Sec. 11: Execution of judgment à original jurisdiction
o If it is an appealed case, and the judgment becomes F/E, the execution shall be before
the court of origin
o Original cases before the CA: WOE issued by CA

• Sec. 11(2): Judgment should be executed by the court which rendered the judgment/ court of
origin (execution as a matter of right/pending appeal)
• ONLY ONE MR; no second MR
MNT in CA
• NEWLY DISCOVERED EVIDENCE only
Original Cases, SC
• C/P/MHCQW
• Hierarchy of courts; you don't go immediately
• Sec. 3: mode of appeal
o Petition for review on certiorari à only one mode of appeal in the SC
o NOA in criminal cases if the judgment rendered is RP/LI
§ Death: subject to automatic review
o Rule also applies to the Sandiganbayan
Provisional Remedies: resorted to by party-litigants for the preservation of the protection of their rights
and interest during the PENDENCY of the PRINCIPAL (CIVIL) action, and for NO other purpose
Provisional remedies
Criminal cases: 127 à Civil action deemed INSTITUTED with the criminal actions; if reserved, separated,
no provisional remedies
Rule 57: Preliminary Attachment à by virtue of which a plaintiff or other proper party (even the defendant)
Have the property of the adverse party taken into custody of the court as SECURITY for the satisfaction
of the judgment that may be recovered
• Not only the plaintiff

• The party need not have a claim for a substantial amount of money that he will be granted
attachment
• Hindi porke malaki, need na humingi ng attachment
• Sec. 1: when it may be applied for
o Not simply because one party has a claim for a substantial amount of money that he is
entitled to the issuance of a WOA in his favor
o What are these actions à Sec. 1
• A: Action for recovery of a specified amount of money or damages, other than moral or
exemplary, on a cause of action arising form (Sources of obligations) against a party who is about
to depart from the PH with intent to defraud
• B: Action for money or property
• C:
• D: Party is guilty of fraud
• E: Removed or disposed of his property or is about to do so
• F: action against a party who does not reside; found in the PH
• Common denominator of these grounds: danger that the judgment will not be satisfied unless the
property of the adverse party
• Order may be granted either ex parte or upon motion with notice
o Require the sheriff to attach so much as the property

• Sec. 2: Order may be either EX PARTE or UPON MOTION WITH NOTICE and HEARING
o BY: the COURT in which the action is pending OR by the CA/SC
• Directive to the sheriff: require the sheriff of the court to attach/levy/seize so much of the property
IN THE PHILIPPINES of the party against whom it is issued, not exempt from execution,
sufficient
o UNLESS such party MAKES A DEPOSIT or GIVES A BOND in an amount equal to that
fixed in the order
§ AMOUNT SUFICIENT TO SATISFY
§ VALUE OF THE PROPERTY
o The WOE may NOT be enforced unless PRECEDED or CONTEMPORANEOUSLY
accompanied by SOS
• Two requirements: affidavit and bond
• OOA shall be granted only when it appears by the
o AFFIDAVIT
o BOND
§ Purpose: you will seize the property of the adverse party
Q: What are provisional remedies?
A: Temporary reliefs that may be availed of by a party for the protection of rights and interests while the
main case is pending. Only available in civil actions. Under the Rules of Criminal P, it may be available in
the civil actions deemed instituted in the criminal action.
Preliminary attachment
• All instances denote danger that the judgment may not be satisfied
• To serve as guarantee
• Requirement: affidavit and a bond
o Fixed by the court, equal to the claim of the applicant
• Important requirement: service of summons to PAWAII together with the copy of the complaint
o Or simultaneous
o Note the exceptions
• Total discharge: if the party against whom it is issued makes a cash deposit
o Partial: not all of the property seized
Preliminary injunction
• Sec. 1: order granted at any stage requiring a party, court, agency or person (nat or juri) to
refrain, desist from a particular act
o Perform: PMI
o Exasmple: a court acting without jurisdiction may be enjoined
o Even if prohibitory or mandatory, only ONE objective: the purpose is to PREVENT future
injury and MAINTAIN the status quo: the last, actual, peaceable and uncontested status
which preceded the pending controversy
o The sole object of PI is to MAINTAIN the status quo until the merits of the case can be
heard
o A writ of PI, as an ancillary or preventive remedy, may be resorted to by a litigant to
protect or preserve his rights or interest during the pendency of the action
• Prohibitory injunction
o Purpose: desist or refrain from a particular act/s
o Specific act has not yet been performed and is one alleged to be illegal by the pleader

§ Enjoined because it would cause irreparable injury if allowed to be committed to
the prejudice of the party asking for the issuance
o The situation before the issuance of the prohib injunction is preserved in the status quo
• Mandatory injunction
o Purpose: require the performance of an act
o Party in whose favor it is issued is placed in the same situation as he was before the
commission of the illegal act complained of as if the act has never been committed
o Example: forcible entry (Rule 70, Sec. 15)
• TRO is a SPECIE of PPI: maximum of 20 days
o Never extendible
o Automatically will expire
• Multi-sala court: raffled in the presence of the party sought to be enjoined
o 24 hours: determine within 24 hours after the return of service (summary hearing)
o No PI may be issued without hearing
o Iba pa yung hearing para sa PI
o Within the 20 day period of the effectivity of the TRO, it must conduct a hearing on
whether to grant
• Can there be a TRO without a hearing?
o If the matter is of extreme urgency and the applicant will suffer GRAVE injustice and
irreparable injury
o EJ may issue a TRO effective for 72 hours from issuance (kahit wala pang raffle)
§ Only the EJ
§ Summary hearing within 72 hour to determine whether to extend the TRO for a
total of 20 days
§ No extension beyond 20 days from the same ground
o You don't call it a TRO pag lumagpas ng 20 days (pag below CA/SC)
• SEE SEC. 6 FOR GROUNDS
It is also the executive judge who may issue a TRO without hearing, valid for 72 hours; grave injustice,
irreparable injury; 72 hours from issuance; raffle the case, the judge to which the case is raffled, summary
hearing within 72 hours to determine WON to extend for 20 days (no extension beyond 20 days)
Whether PPI/PMI, after conducting hearing, proceeds to try the case, Sec. 9: if applicant entitled to the act
permanently enjoined, final injunction; valid reason to command the same to be done by the adverse party,
judge will confirm PMI
Receivership
• The appointment by the court of a person called the receiver, tasked to preserve and conserve
property subject of litigation and prevent its possible destruction or dissipation. A DISINTERESTED
neutral third person
• Instead of entrusting the property to ONE of the parties, appoint a receiver
• The receiver is not the representative of any of the parties
• The property is property UNDER LITIGATION
• Receiver is considered an officer of the court
• Sec. 1: Receiver may be appointed
o Court where the action is pending
o CA/SC
o Member of the CA/SC
• Sec. 1: There must always be a HEARING before the court may appoint a receiver
• Not just because property is the subject of litigation, court will automatically appoint a R
o Not any situation under the sun

• Sec. 1: check grounds
o (a): property in danger unless a receiver is appointed
§ Applicant must state the interest; danger
o (b): foreclosure of mortgage; mortgagee may apply that the property mortgaged (there is
already a case, he is already seeking to foreclose) for the provisional remedy of
receivership
o (c): appeal; receiver to take care of the property pending appeal; aid in the execution of
judgment; carry the judgment into effect if affirmed
o (d) appointment is most convenient and feasible means of preserving, etc
• Bond (Sec. 2):
• Adverse party may file a bond
• Sec. 4: Oath and bond of receiver; receiver entitled to compensation after discharge
• Powers of the receiver: he is the administrator of the property entrusted to his care
o Funds in the hands of the receiver may be invested only by order of the court upon the
written consent of all the parties to the action (even if for the benefit of one of the parties)
Replevin
• In FE/UD: the issue of physical possession of land and buildings

• Replevin is right to PP of personal property; in his action for recovery of possession of the PP
unlawfully taken from him and wrongfully detained
• Apply for the provisional remedy of replevin
• Who may avail? A PARTY praying for the recovery of possession of personal property
o May be the plaintiff (complaint for recovery); or defendant (counterclaim is for recovery)
• Requirements: application for the provisional remedy of replevin
o Sec. 2: affidavit and bond (check requirements)
o Bond: in double the value of the property as stated in the affidavit
• The sheriff must deliver to the adverse party; he cannot hold on to the custody of the property
seized against whom the replevin is issued, there must be TRANSFER or RETURN
• Third-party claimant (not a party to the action): executes an affidavit of his claim; sheriff is not bound
to seize the property or keep it in his possession unless the applicant posts a bond for the protection
of the third party claimant
Support Pendente Lite
• Support is anything indispensable for sustenance

• Those entitled to support each other
• Judgment granting support is one judgment that does not become final; may be reduced and
increased proportionately according to the necessities of the recipient and the resources/means of
the person obliged to furnish the same
• SPL: a provisional
• May also be availed of in criminal actions
• Verified application for SPL
o State the grounds, financial condition of the parties
o Accompanied by affi, depo, authentic docs (birth cert, marriage cert to prove relationship,
etc)
• Comment: copy of the application/docs; 5 days to comment
o Also verified, accompanied by ADA
• SPL is not final, as long as the case is pending, the amount may be increased or reduced

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Civil Procedure – Justice Oscar Herrera Jr.

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 1

Intervention: A person, not a party, is permitted by the court to BECOME a party

• Legal interest: subject matter/success/against both/adversely affected by D/D of the property

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 2

Civil Procedure – Justice Oscar Herrera Jr. – 05/07/21

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 3

Whose deposition may be taken?

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 4

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 5

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 6

• That is when court has already granted the ex parte motion

RULE 24: DBA/PA

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 7

RULE 25: Interrogatories to Parties

• There is NO deposition taking; unlike written interrogatories in Rule 23 and Rule 24

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 8

Request for admission

RULE 27 – PRODUCTION OR INSPECTION

• Mode of discovery also available in CrimPro;

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 9

RULE 28 – PHYSICAL AND MENTAL EXAMINATION OF PERSONS (A PARTY)

• Examination of a PARTY only; not any person

RULE 29: Refusal to comply with MOD

RULE 30: Trial

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 10

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 11

RULE 32: TBC

Ephraim Bie – UST Faculty of Civil Law – 2AA '20-'21 | 12

• Commissioners: competent and impartial (just compensation)

Demurrer to evidence (Rule 33)

• Order denying cannot be APPEALED or subject to CPM

Judgment on the Pleadings (Rule 34)

• Motion of the claiming party

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Summary judgment (Rule 35)

Judgments, Final Orders and Entry Thereof (Rule 36)

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New Trial or MR (Rule 37)

New Trial and Reconsideration: within the period to appeal

• Grounds NT: FAME, NDE

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RULE 38: Relief from Judgments, Orders or other Proceedings

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• Will be included in the exams to understand the distinction

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RULE 39: EXECUTION, SATISFACTION and EFFECT of JUDGMENTS

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RULE 40 – APPEAL FORM THE MTCs to the RTCs

• Appeal is a purely statutory right;

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• Judgment or final order of the MTC

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Rule 41: Appeals from the J/FO of the RTC

• What may be appealed

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• RTC exercising appellate jxn

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Next meeting: Rule 44-

CA may declare that the record, though incomplete