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REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002

CIVIL PROCEDURE
RULE 1 GENERAL PROVISIONS
1. Civil action – one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong; may be ordinary or special Criminal action – one by which the state prosecutes a person for an act or omission punishable by law Special proceeding – remedy by which a party seeks to establish a status, a right, or a particular fact 2. Rules of Court shall NOT be applicable to the following, except by analogy or in a suppletory character, and whenever practicable and convenient a. b. c. d. e. Election cases; Land registration; Cadastral proceedings; Naturalization proceedings; and Insolvency proceedings

RULE 2 CAUSE OF ACTION
1. Cause of action – an act or omission by which a party violates the right of another 2. REQUISITES OF JOINDER OF CAUSES OF ACTION: a. The party joining the causes of action shall comply with the rules on joinder of parties; b. The joinder shall NOT include special civil action or actions governed by special rules; c. Where the causes of action are between the same parties but pertain to different venues or jurisdiction, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of the RTC and the venue lies therein; 3. Where the claims in all the causes of action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction. 4. Misjoinder of causes of action NOT a ground for dismissal; the action may, on motion or motu proprio, be severed and proceeded with separately.

RULE 3 PARTIES TO CIVIL ACTIONS
1. CLAIMS THAT SURVIVE THE DEATH OF A PARTY: a. Actions to recover real and personal property against the estate; b. Actions to enforce liens thereon; c. Actions to recover for injury to persons or property by reason of tort;

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REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002

d. Actions to recover money arising from contract, express or implied. 2. Death of defendant in action on contractual money claims before judgment of RTC NOT ground for dismissal. Action continues until entry of final judgment. Any judgment against estate of deceased will be enforced as money claim. Writ of preliminary attachment, if any, not dissolved. 3. REQUISITES OF PERMISSIVE JOINDER OF PARTIES: a. Right to relief arises out of the same transaction or series of transactions, whether jointly, severally, or in the alternative b. There is a question of law or fact common to all the plaintiffs and defendants; c. Such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue. 4. REQUISITES OF A CLASS SUIT: a. Subject matter of the controversy is one of common or general interest to many persons; b. Parties affected are so numerous that it is impracticable to bring them all to the court; c. Parties bringing the class suit are sufficiently numerous or representative of the class and have the legal capacity to file the action. 5. TRANSFER OF INTEREST  Action may be continued by or against the original party, unless the court, on motion, directs the transferee to be substituted in the action or joined with the original party; however, if transfer is made before commencement of the action, the transferee must necessarily be the party, since only he is the real party in interest.

RULE 4 VENUE OF ACTIONS * Uniform rule on venue in RTC and MTC 1. VENUE OF REAL ACTIONS – in the proper court which has jurisdiction over the area wherein real property involved or a portion thereof is situated. 2. VENUE FOR FORCIBLE ENTRY AND DETAINER ACTIONS – in the MTC of the municipality or city wherein the real property or a portion thereof is situated. 3. VENUE OF PERSONAL ACTIONS – where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. NOTE: “residence” means place where party actually resides at time of action; does NOT mean permanent home or domicile. 4. Action against non-resident not found in the Philippines

a. ACTION AFFECTS THE PLAINTIFF’S PERSONAL STATUS - in the court of the place where the
plaintiff resides.

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REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
OF THE DEFENDANT IN property or any portion thereof is situated or found. 5. Rules on Venue shall NOT apply:

b. ACTION AFFECTS ANY PROPERTY

THE

PHILIPPINES - where the

a. In those case where a specific rule or law provides otherwise (e.g., civil case for

damages in cases of libel, where Article 360 of RPC provides specific rules on venue); OR b. Where the parties have validly agreed IN WRITING before the filing of the action on the EXCLUSIVE venue thereof.  In this instance, the action can only be filed in the place agreed upon even if the other place is the place of residence of the parties or the location of the real property involved.

RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS
1. The procedure in the MTCs shall be the same as that in the RTC. 2. Uniform Procedure shall NOT be applicable: a. Where a particular provision expressly or impliedly applies only to either of said courts. b. In civil cases governed by the Rule on Summary Procedure.

RULE 6 KINDS OF PLEADINGS
1. Negative Defense – specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause of action. 2. Affirmative defense – an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. Includes: a. Fraud b. Statute of limitations c. Release d. Payment e. Illegality f. Statue of frauds g. Estoppel h. Former recovery i. Discharge in bankruptcy j. Any other matter by way of confession or avoidance. 3. Compulsory counterclaim – REQUISITES: a. Arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party’s claim;

b.

Does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction; and

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3. Title c. MOREOVER. Affiant (person verifying) has read the pleading b. but amount exceeds the jurisdiction of the inferior court. fact that it is not set-up in the inferior court will not bar plaintiff from instituting a separate action to prosecute it. but NOT to obtain affirmative relief. the appellate court likewise did not have jurisdiction over the same. except that in an ORIGINAL action in the RTC. FORMAL REQUIREMENTS OF PLEADINGS: a. effective May 1. Signature of the lawyer constitutes a certification by him that: a. Must be within the jurisdiction of the court both as to the nature and the amount. HOW A PLEADING IS VERIFIED: By an affidavit stating that a. It is not interposed for delay. Contains a verification based on “information and belief”. 2000) 4. Caption b. there is good ground to support it c. information. Allegations therein are true and correct as of his personal knowledge or based on authentic records. To the best of his knowledge. In such a case. will only be considered permissive. the counterclaim may be considered regardless of the amount. Verification in some cases 2. the purpose of which is to defeat or weaken the plaintiff’s claim. Ajax A counterclaim. RULE 7 PARTS OF A PLEADING 1. Body divided into headings and paragraphs d. Hence.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 c. (SC Circular 48-2000. even if otherwise compulsory.  Calo vs. OR 4 . the award in excess of the jurisdiction of the trial court is void. Signature and address e. the amount of judgment obtained by the defendant on appeal cannot exceed the jurisdiction of the court in which the action began. Since the trial court did not acquire jurisdiction over the counterclaim in excess of the jurisdictional amount. He has read pleading b. A pleading required to be verified which: a.  Agustin vs. and belief. Bacalang A court (if MTC) has no jurisdiction to hear and determine a set-off or counterclaim in excess of its jurisdiction. A counterclaim beyond the court’s jurisdiction may only be pleaded by way of defense.

1) m.3) i. Complaint for replevin (60.2) o. by and elevated to the CA. Petition for relief from judgment (38. Complaint for forcible entry or unlawful detainer (70. Petition for cancellation or correction of entries in the civil registry (108. Petition for appointment of receiver u.8) x.2) f. Complaint with prayer for preliminary attachment (57.3) b. Lacks a proper verification  Shall be treated as an unsigned pleading.11) y. information and belief. j. Pleadings that need not be verified but must be under oath: w.3) n.2) k. Petition to take deposition in perpetuam rei memoriam (before action or pending appeal) (24. Petition for habeas corpus (102. Answer to request for admission (26.1) q.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 b.1) l. Motion to set aside a default order of an inferior court s.4) e. Appeal by certiorari from CA to SC (45.2) 5 . Petition for prohibition (65. Answer to written interrogatories (25. v. 5.4) Petition for appointment of general guardian (93. Petition for mandamus (65.1) c. Denial of the genuineness and due execution of an actionable document (8. Petition for voluntary dissolution of a corporation (104. Contains a verification based on “knowledge. Complaint for injunction (58.1) g. Denial of allegations of usury (8. 3) d. Petition for declaration of competency of the ward (97.2) z. Petition for certiorari (65. Petition for change of name (103.” OR c. What pleadings have to be verified: a.1) p.2) h. Motion for dissolution of preliminary injunction on the ground of irreparable damage to the movant while the adverse party can be fully compensated t. Petition for review of the decision of an RTC in cases within the exclusive original jurisdiction of the inferior court. Petition for leave to sell or encumber property of estate or guardian (95.2) r.

Same essential facts and circumstances. IF THE ACTS OF PARTY OR COUNSEL CLEARLY CONSTITUTE WILLFUL & DELIBERATE FORUM SHOPPING.4) c. NOTE: FAILURE TO COMPLY NOT CURABLE BY MERE AMENDMENT OF THE COMPLAINT OR PLEADING BUT SHALL BE CAUSE FOR DISMISSAL OF THE CASE WITHOUT PREJUDICE. Same transactions involved. If there is such other pending action. Motion for new trial on the ground of FAME or opposition thereto (37. GROUND FOR SUMMARY DISMISSAL WITH PREJUDICE AND CONSTITUTE DIRECT CONTEMPT. he shall report the same within 5 days therefrom to the court where he filed his complaint.3) f. Supporting affidavits of merit required: a. there must be: i.3.16) g. Motion for dissolution of preliminary injunction (58. a complete statement of the present status thereof. ii. That he has not commenced any action or filed any claim involving the same issues in any court. and 6 . tribunal or quasi-judicial agency. Notice of appeal from administrative tribunals to the CA 6. to the best of his knowledge no such other claim or action pending. Motion for preliminary attachment (57. b.2) e. If he should thereafter learn that same or similar action or claim is filed or pending.30) h.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 aa.1.3) i. Third-party claim (39.5) d. Motion to postpone for illness of a party or counsel (30.3) b.6) Application for writ of replevin (60. j. Motion for new trial based on newly discovered evidence in criminal cases (121. Petition for relief from judgment (38.9) l. Proof required of a redemptioner (39. Motion for summary judgment or opposition thereto (35. c. Claim against the estate of the decedent (86.2) k. Motion to postpone for absence of evidence (30. CERTIFICATION AGAINST FORUM-SHOPPING: Plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading or in a sworn certification annexed and filed therewith: a.  For Forum-Shopping to exist.4) 7.2.

d. Capacity of party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association that is made a party must be averred. 3. he shall specify so much of it as is true and material and shall deny the remainder. 2. 5. Party charged signed the instrument in some other capacity than that alleged in the pleading setting it out v. SPECIFIC DENIAL a. Copy may be set forth in the pleading with like effect. Defendant must specify each material allegation of fact the truth of which he does not admit.  Admission of genuineness and due execution: i. Document was never delivered. b. b. Party whose signature appears admits that he signed it. or that it was signed by another with his authority ii.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 iii. OR c. If defendant does not have knowledge or information sufficient to form a belief as to the truth of a material averment. Signature is a forgery ii. Substance of such document set forth in the pleading. Specifically denies them under oath. Signature is unauthorized iii. and issues RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS 1. Any formal requisites required by law which it lacks are waived by him  The following defenses are cut-off by admission of genuineness and due execution of the document: i. Action or defense based on document a. Corporation is not authorized under its charter to sign the instrument iv. Sets forth what he claims to be the facts. including such supporting particulars as are peculiarly within the pleader’s knowledge. Was in words and figures as set out at the time it was signed iii. other than those as to amount of unliquidated damages deemed admitted. General Rule: Defenses and objections not pleaded in answer or motion to dismiss are deemed waived (Omnibus Motion Rule). Document was delivered iv. 4. do so by specific denial.  Negative pregnant – a denial which at the same time involves an admission of the substantial facts in the pleading responded to. subject matter. Defendant must set forth the substance of the matters upon which he relies to support his denial. When diverse party does not appear to be a party to the instrument. whenever practicable. To raise an issue as to the legal existence of a party or the capacity of a party in a representative capacity. Original or copy attached to the pleading as exhibit and deemed to be part of the pleading. Actions raise identical cause of action. or ii. RULE 9 EFFECT OF FAILURE TO PLEAD 1. b. b. Allegations of capacity a. he shall so state and this has effect of denial. c. 7 . How to contest actionable document: Genuineness and due execution of instrument deemed admitted unless adverse party: a. If denying only part of an averment.  Requirement of an oath does NOT apply: i. Allegations not specifically denied. When compliance with an order for an inspection of the original instrument is refused.

(NOT judicial admissions anymore. 15 days from being served with copy thereof  If amended not as a matter of right. h. answer to be filed within 30 days from receipt of summons by such entity. 3. and does NOT result in pleading the withdrawal of. Res judicata d. b. thus. anytime within 10 days after service. third. Effect of order of default – party in default entitled to notice of subsequent proceedings but not to take part in trial. 8 . except as provided above. d. the original pleading Can sometimes be made as a matter of Always filed with leave of court right RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS 1. the court shall try the case against all upon the answers thus filed and evidence presented. 2. In the case of a reply. unless different period fixed by the courts. under oath. 5.” 2. Claims and defenses alleged in original but not incorporated in the amended pleading shall be deemed waived. Answer to complaint – 15 days from service.  Plaintiff may amend complaint as a matter of right even after defendant files a Motion to Dismiss. to set aside order of default upon proper showing that failure to answer was due to FAME. Party may make motion. Answer to amended complaint – if amended as a matter of right. Lack of jurisdiction over the subject matter. Action barred by statute of limitations. court may render judgment on the basis of the complaint or require claimant to submit evidence. Motion to set aside order of default may be filed after notice and before judgment. Partial default – if several defending parties and not all in default. etc. Amendments of pleadings may be made once as a matter of right: a. must be formally offered) 4. 10 days from notice of order admitting the same  Answer earlier filed may be answer to amended complaint. Answer of defendant foreign private juridical entity – when service of summons is made on the government official designated by law. Amended and Supplemental pleadings distinguished: AMENDED SUPPLEMENTAL Refers to facts existing at the time of the Refers to facts arising after the filing of the commencement of the action original pleading Results in the withdrawal of the original Merely an addition. At any time before responsive pleading is served b. c. 2. An amended pleading supersedes the pleading that it amends but admissions in superseded pleadings may be received in evidence against the pleader. even without allegation in answer or motion to dismiss. if any of the following appear from the pleadings or the evidence on record: a. if no new answer is filed  Applicable to amended counterclaim. After declaration of default. RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS 1. DECLARATION OF DEFAULT a. Litis pendentia between same parties for the same cause. Judgment against party in default shall not exceed the amount or differ in kind from that prayed for nor award unliquidated damages. f. cross. Substantial amendments may be made only with leave of court. e. c. since the same is not a “responsive pleading. Defendant entitled to notice of motion to declare him in default and of order of default. 3. g.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Exception: Court shall dismiss the claim. b. No defaults in action for annulment or declaration of nullity of marriage or for legal separation.

Leave copies at defendant’s office/regular place of business. b. JUDGMENTS AND OTHER PAPERS 1. Official return of the server. with person of suitable age and discretion residing therein. RULE 14 SUMMONS 1. Contents of summons a. By publication 3. Order for bill must be complied with in 10 days from notice OR period fixed by court c. Notice that unless defendant so answers. Thus. Bill of particulars a. a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. motion should not be granted if the complaint.  Violation of rule may be cause to consider the paper as not filed. Kinds of service of summons: a. Answer to 3rd party complaint – 15 days from service 6. Kinds of service of pleadings: a. Other proper court officer c. c. 2. OR ii. plaintiff will take judgment by default 2. by tendering it to him B. SUBSTITUTED: i. By whom served: a. Defendant is a non-resident and is not found in the Philippines and action affects plaintiff’s personal status 9 . Handing a copy to the defendant in person. If he refuses to receive and sign for it. b. Signed by the clerk under the seal of the court b. Sheriff b. but not less than 5 days  Motion for Bill of Particulars may NOT call for matters which form part of the proof of the complaint. nonetheless already states a sufficient cause of action. PERSONAL: i. Registered mail c. containing a full statement of the date. When extraterritorial service allowed: a.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 4. Personal b. Any suitable person specially authorized by the judge 4. Proof of personal service a. within 10 days from service thereof. After service of bill or denial of motion – party has balance of time he was entitled to file responsive pleading. Period of filing motion – before responding to a pleading. place and manner of service. OR ii. Kinds of service of final orders: a. Leave copies at his residence. Name of the court and the parties to the action c. Affidavit of party serving. Written admission of party served. Direction that the defendant answer within the time fixed by these rules d. Personal service – to be done whenever practicable (Most preferred mode) b. Publication (if summons by publication) 3. while not very definite. RULE 13 FILING AND SERVICE OF PLEADINGS. or c. Reply – may be filed within 10 days from service of the pleading responded to RULE 12 BILL OF PARTICULARS 1. 5. if pleading is a reply. Service by mail (ordinary if no registered mail) c. with competent person in charge thereof. Answer to counterclaim or cross-claim – within 10 days from service. Substituted service (delivering copy to clerk of court with proof of failure of 1 st 2 modes)  Except with respect to papers emanating from the court.

it cannot be considered as an appearance in court. Corporate secretary e. PD 1079) a. If no such agent. Kinds of extra territorial service a. All motions must be in writing except: a.e. Those made in open court. Exceptions to the three-day notice rule: a. Laws with a juridical personality: a. General manager d. Published for the dissemination of local news and general information b. Those made in the course of a hearing or trial. Defendant is temporarily out of the country and the suit is quasi in rem 7. Treasurer f.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 b. Not published for nor devoted to the interest of a particular group of persons e. Service upon private domestic juridical entity – refers to corporation. Any other matter the court may deem sufficient 6. Newspaper of general circulation (RA 4883. Must have been regularly published for at least 2 years before the date of the publication in question.. proof of such notice on the adverse 10 . inquire from the other party or inquire from the records the proof of the service of notice rather than proceed with the hearing. applies to ANY action. even actions in personam c. Identity of defendant unknown b. Subject of action is property within the Philippines in which the defendant has or claims a lien or interest c. He should not rely on a party’s undertaking to notify the adverse party of a scheduled hearing. When service by publication in a newspaper of general publication allowed: a. Ex parte motion b. OR b. In-house counsel 8. Resident agent designated in accord with Law b. RULE 15 MOTIONS 1. When court sets hearing on shorter notice for good cause d. Service upon private foreign juridical entity transacting business in the Phils: a. It should be noted that when the appearance of the defendant is precisely to object to the jurisdiction of the court over his person. i. Defendant is non-resident and the suit is quasi in rem d. on government official designated by law OR c. Published at regular intervals d. Managing partner c. in the absence of the opposing party in the hearing of a motion. Where relief demanded consists in whole or in part in excluding the defendant from any interest in such property d. The judge must demand what the rule requires. Motion for summary judgment (must be served at least 10 days before the hearing)  A prudent judge would. SERVICE OF SUMMONSES AND PROCESSES ON THE SEC. 2. Has a bona fide subscription list of subscribers c.  Mere filing of an answer per se should not be automatically treated as a voluntary appearance by the defendant for the purpose of sumons. partnership. When property of defendant has been attached within the Philippines 5. 9. Urgent motion c. or association organized under Phil. Personal service b. President b. On any of its officers or agents within the Phils NOTE: IF NO RESIDENT AGENT. Whereabouts of defendant unknown and cannot be ascertained by diligent inquiry  (a) and (b). Publication and summons sent by registered mail to last known address c.

Plaintiff has no legal capacity to sue. The dismissal of the complaint shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer. j. inclusion in motion to dismiss of other grounds aside from lack of jurisdiction over the person does NOT constitute a waiver of the said ground or voluntary appearance. iii. Rendered by court of competent jurisdiction iii. Pleading asserting claim states no cause of action. abandoned. Prescription d. Motion to Dismiss must be filed within the time for and before the filing of an answer to complaint. Court has no jurisdiction over the subject matter of the claim. Summary Judgment. prohibition and mandamus c. If denied.  A motion to dismiss on the ground of failure to state a cause of action in the complaint must hypothetically admit the truth of the facts alleged in the complaint. 3. 5. c.unlike old rule. Claim or demand in the plaintiff’s pleading has been paid. Failure to attach to the motion proof of service thereof to the adverse party is not fatal when the adverse party had actually received a copy of the motion and was in fact present in court when the motion was heard. The demurrer does not admit the truth of mere 11 . Extinguishment of claim or demand c. Identity of the parties g. e.  Requisites of res judicata: i. Identity of rights asserted and prayed for/relief founded on the same facts. a contentious motion should be considered a mere scrap of paper which should not have even been received for filing. or dismissed for failure to prosecute or for refusal to obey an order of the court) iv.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 party. The admission. extinguished. defendant must file answer within the balance of the 15-day period.  Subsequent service of the motion on the adverse party may be considered substantial compliance with the Rule 15. h. Claim on which action is founded is unenforceable under the statute of frauds. or failure to make attempts to reach a compromise in cases between members of the same family)  The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable. but may avail of certiorari. § 6. is limited only to all material and relevant facts which are well pleaded in the complaint. On the merits (even without trial. but not less than 5 days from the time he received notice of the denial.  Requisites of litis pendentia: i. Venue is improperly laid. however. dismissal based on the following grounds will be bar to refiling: a. Deny – NOT appealable. Unenforceability under the Statute of Frauds 6. waived. RULE 16 MOTION TO DISMISS 1. Order amendment of the pleading 4. such as cases decided by Judgment on the Pleadings. Cause of action is barred by a prior judgment or by statute of limitations. Grant it – remedy: appeal b. There is another action pending between the same parties for the same cause. Identity of parties/interest ii. Final judgment or order ii. i. Grounds for motion to dismiss: a. Court has no jurisdiction over the person of the defendant. 2. Condition precedent for filing has not been complied with (this includes prior recourse to barangay conciliation. d. Identity of the 2 cases (such that judgment in one would amount to res judicata in the other) f. b. Otherwise. Res judicata b. Subject to the right to appeal. Actions that court may take on a Motion to Dismiss: a.

2. 12 .REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 epithets charging fraud. cross-claim. which shall require approval of the court. to prosecute CC in same action. It is the duty of the plaintiff to move ex parte for the setting of the case for pretrial. dismissal is without prejudice to defendant’s right to prosecute counterclaim in a separate action or. defendant is also given option to prosecute the same in same or separate action.  Dismissal is without prejudice EXCEPT on 2nd notice of dismissal. or 3rd-party complaint – must be made by claimant before a responsive pleading or a motion for summary judgment is served. A valid cause is shown therefor OR b. Dismissal by the plaintiff a.  Unless otherwise declared by the court. 3. Plaintiff fails to prosecute claim for an unreasonable length of time c. However. if he makes a manifestation within 15 days from notice of the motion. RULE 18 PRE-TRIAL 1. to submit to alternative modes of dispute resolution. before the introduction of evidence. summary judgments. RULE 17 DISMISSAL OF ACTIONS 1. it will be the latter’s duty to set the pre-trial. Plaintiff fails to comply with the Rules of Court or any order of the court  Complaint may be dismissed upon defendant’s motion or motu proprio. b. or if there is none. dismissal has effect of adjudication upon the merits. dismissal is limited to the complaint. Stipulations or admissions of facts and documents e. and court shall issue an order reciting in detail matters taken up. If plaintiff fails to appear on the date of presentation of his evidence in chief. Failure to file brief has same effects as failure to appear at pre-trial. Amendments to the pleadings d. Must file pre-trial brief so as to ensure that other party receives it at least 3 days before pre-trial. nor an erroneous statement of law. 6. Non-appearance of party excused only if: a. dismissal by a Motion for Dismissal. and to enter into stipulations or admissions of facts and of documents. 3. Dismissal due to plaintiff’s fault . nor allegations of legal conclusions. nor matters of evidence. Notice of dismissal any time before service of the answer or a motion for summary judgment. which operates as adjudication on the merits when filed by same plaintiff who has once dismissed an action based on or including said claim. or dismissal of action h.the following must be without justifiable cause a. Failure of plaintiff to appear shall be cause for dismissal of the action. If representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement. if plaintiff answers the defendant’s counterclaim. Limitation of number of witnesses f. shall be without prejudice unless otherwise specified by the court  If counterclaim has been pleaded by a defendant prior to the service upon him of plaintiff’s motion to dismiss. Propriety of judgment on the pleadings. Proceedings recorded. 4. Other matters for the prompt disposition of the action 2. RULE ON SEVERANCE OF COMPULSORY CC: Dismissal of principal action upon plaintiff’s motion or due to plaintiff’s fault does not necessarily carry with it the dismissal of the compulsory CC. b. Simplification of the issues c. What to consider in pre-trial (with notice to counsel or party without counsel) a. Nonappearance of defendant is cause to allow plaintiff to present evidence ex parte and the court to render judgment on basis thereof. Preliminary reference of issues to a commissioner g. Possibility of amicable settlement or arbitration b. nor to legally impossible facts. Dismissal of counterclaim. 5. If answer or motion for summary judgment already served.

Party is so situated as to be adversely affected by the distribution of the court d. Legal interest in the matter in litigation b. Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court from which subpoena issued. 6. RULE 21 SUBPOENA 1. that the right is available only in CIVIL cases b. 2. Computing for any period of time: day of the act or event from which designated period of time begins to run is to be excluded and the date of performance included. Witness fees and kilometrage allowed by rules not tendered when subpoena served. those whose trials adjourned or postponed and those with motions set for hearings. 2. The court of the place where the deposition is to be taken. No prisoner sentenced to death. The court before whom witness is required to attend.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 RULE 19 INTERVENTION 1. special civil actions and those so required by law. 3. Subpoena issued by: a. The articles sought to be produced do not appear to be relevant c. 2. election cases. 6. Disposition of property in the custody of the court or of an officer thereof. 5. The officer or body authorized by law to do so in connection with its investigations. Any Justice of the SC or CA in any case or investigation pending within the Phils 2. The witness is not bound thereby – if witness resides more than 100 km from the place where he is to travel by the ordinary course of travel. c. Motion may be filed at any time before rendition of judgment. Service of subpoena made in the same manner as personal or substituted service of summons. RULE 20 CALENDAR OF CASES 1. d. NOTE. 3. 7. however. Motion for intervention will be granted if it will not unduly delay or prejudice adjudication of rights of original parties and if the intervenor’s rights may be fully protected in separate proceedings. Interest in the success of either or both parties or interest against both c. the time shall not run until the next working day. Person asking for subpoena does not advance cost of production 4. 4. Preference given to habeas corpus. reclusion perpetua. b. The petition will be preserved and heard regardless of the disposition of the main action. Hence. Ground for quashing subpoena ad testificandum a. it will be dismissed if main action is dismissed. Person present in court before a judicial officer may be required to testify as if he were in attendance upon a subpoena. Answer to complaint-in-intervention must be filed within 15 days from notice of court admitting the complaint. Complaint in intervention is merely collateral to the principal action. RULE 22 COMPUTATION OF TIME 1. If last day of period falls on Saturday. 5. Calendar of cases to be kept by clerk of court for cases set for pre-trial. Sunday or legal holiday in place where court sits. It is unreasonable or oppressive b. 13 . Such a case is not subject to dismissal upon intervenor’s petition showing him to be entitled to affirmative relief. trial. or life imprisonment and who is confined in any penal institution shall be brought outside said institution for appearance or attendance in any court unless authorized by the SC. A complaint in intervention that seeks affirmative relief prevents a plaintiff from taking a voluntary dismissal of the main action. Grounds for quashing subpoena duces tecum a. or if he is a detention prisoner and no permission is obtained from the court in which his case is pending  This is known as the “viatory right” of the witness. Grounds for intervention a.

infirmity.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 3. Taken without leave after an answer has been served c. Witness is dead. Persons before whom depositions may be taken a. IF court finds that: party or not a. adverse party may require that all of it which is relevant to the part introduced be introduced. OR e. Witness is unable to testify because of age. Within the Philippines i. UNLESS absence procured by party offering the deposition c. Witness resides at a distance more than 100 km from place of trial. Depositions pending action a. Other exceptional circumstances make it desirable to allow deposition to be used. If there is effective interruption of period.  Deponent is made the witness of the party offering the deposition. 6. or imprisonment. May be deposition upon oral examination or written interrogatories 2. sickness. director. whether a Any party For any purpose. Use of depositions  Any part or all of a deposition which is admissible in evidence may be used against any party who was present or represented during the taking of the deposition or who had notice thereof as follows: DEPOSITION OF MAY BE USED BY PURPOSE A witness Any party To contradict or impeach the deponent’s testimony as a witness Any party. Judge ii. Upon the instance of any party d. d.  If only part of the deposition is introduced. or managing agent of a public or private corporation Of any witness. Taken by leave of court after court obtains jurisdiction over any defendant or property subject of the action b. RULE 23 DEPOSITIONS PENDING ACTION DEPOSITIONS DE BENE ESSE – taken for purposes of pending action 1. or anyone who An adverse party For any purpose at the time of taking the deposition was an officer. The day of the act that caused the interruption is excluded in the computation of the period. b. Notary public 14 . it shall start to run on the day after notice of the cessation of the cause of the interruption. Depositions and Affidavits distinguished DEPOSITIONS AFFIDAVITS Written testimony of witness in course of Mere sworn written statements judicial proceedings. in advance of trial and hearing Opportunity for cross-examination No cross-examination Can be competent testimonial evidence Little probative value (hearsay) 5. Examination and cross-examination proceeds as in trials 4. Scope of examination – deponent may be examined regarding any matter not privileged relevant to the subject of the action 3. Party offering the deposition has been unable to procure the attendance of the witness by subpoena.

that person must move for the taking of the deposition of his witness within the time provided for filing a pre-trial motion. Any person authorized to administer oaths if the parties so stipulate in writing b. in oath or affirmation. As to competency or relevancy of evidence . Anyone financially interested in the action 8. the rules on criminal practice – particularly on the defense of alibi – states that when a person intends to rely on such a defense.Errors occurring at the oral exam in the manner of taking the deposition.  A deposition. filed or otherwise dealt with by the officer are waived unless a motion to suppress the deposition or some part of it is made with reasonable promptness after such defect is. the taking of such depositions is subject to the rules laid down by the court issuing the commission Letters Rogatory – addressed to judicial authority in the foreign country. unless ground is one which might have been obviated or removed if presented at that time d. signed. should be taken before and not during trial. e. in keeping with its nature as a mode of discovery. On notice. Any person authorized to administer oaths if the parties so stipulate. As to disqualification of officer – waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence c. Effects of errors and irregularities in the depositions a. Employee of party’s counsel f. f. As to manner of preparation . Commission – addressed to any authority in a foreign country authorized therein to take down depositions. As to form of written interrogatories . the taking of the depositions is subject to the rules laid down by such foreign judicial authority. RULE 24 DEPOSITIONS PENDING ACTION 15 . ascertained. Employee of any party c. vice-consul. before a secretary of any embassy or legation. As to notice – waived unless written objection is promptly served upon the party giving the notice b. IN fact. cured if promptly prosecuted are waived unless reasonable objection is made at the taking of the deposition. certified. in the form of questions and answers.waived unless served in writing upon party propounding them within the time allowed for serving succeeding cross or other interrogatories and within 3 days after the service of the last interrogatories authorized. Counsel of any party d.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 iii. transmitted. and errors of any kind which might be obviated. Depositions upon written interrogatories  Party desiring to take such deposition shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name and descriptive title of the officer before whom the deposition is to be taken. Persons disqualified to take depositions a. sealed. As to oral exam and other particulars . consul. Relative within 6th degree of consanguinity or affinity of any party b. Relative within the same degree of party’s counsel e. 7. consul-general.errors as to manner in which the testimony is transcribed or the deposition is prepared. indorsed. removed. Before such person or officer as may be appointed by commission or under letters-rogatories iii. or in conduct of parties. or with due diligence might have been.  Party so served may serve cross-interrogatories upon the proponent within 10 days thereafter  Re-direct interrogatories served within 5 days  Re-cross interrogatories served within 3 days 9. consular agent of the Phils ii. In foreign countries i.NOT waived by failure to make them before or during the taking of the deposition.

photographs. Are in his possession. Effect of admission Admission is only for the purpose of the pending action and shall NOT constitute an admission for any other person nor may it be used against him in any other proceeding. 4. RULE 25 INTERROGATORIES TO PARTIES 1. e. RULE 26 ADMISSION BY ADVERSE PARTY 1. Interrogatories and the answers thereto should be filed in court and served on adverse parties. books. which: i. surveying. 2. RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS 1. d. c. The name and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each. The names or description of the persons he expects will be the adverse parties and their addresses so far as known. which shall not be less than 15 days after service thereof or within such further time as the court may allow on motion. 1. accounts. The facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it. papers. 2. which petition shall be entitled in the name of the petitioner and shall show: a. not privileged. custody or control. 3. letters. Any party may move for the court in which the action is pending to order any party to: a. so that the answers may constitute judicial admissions. A party who fails to file and serve a request for admission on the adverse party of material facts within the personal knowledge of the latter shall not be permitted to present evidence thereon. Produce and permit the inspection and copying or photographing of any designated documents. Depositions before action A person desiring to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Phils may file a verified petition in the court of the place of the residence of any expected adverse party. Implied admission Each of the matter requested to be admitted shall be deemed admitted within a period designated in the request. measuring. objects or tangible things. Request for admission A written request for the admission of the other party of the genuineness of any material or document or request for the truth of any material and relevant matter of fact set forth in the request may be filed and served upon the other party at any time after issues have been joined. UNLESS. Use of deposition If deposition to perpetuate testimony is taken under this rule or if not so taken is still admissible in evidence may be used in any action involving the same subject matter subsequent brought in accordance with the provisions of Rule 23. b. Constitute or contain evidence material to any matter involved in the action AND ii. The subject matter of the expected action and his interest therein.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 DEPOSITIONS IN PERPETUAM REI MEMORIAM – taken to perpetuate evidence for purposes of an anticipated action or further proceedings in a case or appeal. b. Effect of failure to serve written interrogatories – a party not served with such may NOT be compelled by the adverse party to give testimony in open court or deposition pending appeal. That petitioner expects to be a party to an action in a court of the Phils but is presently unable to bring it or cause it to be brought. party requested serves upon the party requesting a sworn statement either specifically denying or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. 2. Permit entry upon designated land or other property in his possession or control for the purpose of inspecting. 16 . or photographing the property or any designated relevant object or operation thereon.

or the physical and mental condition of the party be taken to be established. or the character of the land or the thing. 4. Enter a judgment by default against that party. That the matters regarding which the questions were asked. the refusal may be considered a contempt of that court. To submit to a physical or mental examination  the court may order: i. The arrest of any party or agent EXCEPT in disobeying an order to submit to a physical or mental examination.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 2. b. RULE 29 REFUSAL TO COMPLY WITH THE MODES OF DISCOVERY 1. RULE 30 TRIAL 1. Requesting and obtaining a report of the examination so ordered OR b. The disallowance of the disobedient party’s claims iii. The proponent may apply to the court for order to compel answer  The court may then order: i. the court may order him to submit to a physical or mental examination by a physician. 5. The order: a. If a party/witness refuses to be sworn or to answer after being directed to do so by the court. The striking out of the pleadings or parts thereof v. ii. The refusing party or his counsel to pay the expenses incurred in obtaining the order. place and manner of making the inspection and taking copies AND b. Rendering judgment by default against the disobedient party OR vii. 2. Shall specify the time. 17 . c. If a party/deponent refused to answer: a. The Republic of the Philippines cannot be required to pay expenses and attorney’s fees under this Rule. including attorney’s fees (if it finds the application to be without substantial justification) 2. The dismissal of the action or parts thereof vi. RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS 1. Order of trial Trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows: a. If a party refuses to attend or serve answers. Dismiss the action or any part thereof. OR/AND d. May prescribe such terms and conditions which are just. The prohibition of the disobedient party to present evidence iv. The examination may be completed on other matters b. The party examined waives any privilege he may have in that action regarding the testimony of the person who has examined or may examine him with respect to that same mental or physical examination by: a. the court may: a. including attorney’s fees. including the attorney’s fees (if it finds the refusal to answer without substantial justification) ii. The examination may be adjourned c. If a party/officer or managing agent of a party refuses to obey an order requiring him: a. To produce a thing for inspection or to permit entry upon property c. Taking the deposition of the examiner. The plaintiff shall adduce evidence in support of his complaint. To answer designated questions b. If the mental or physical condition of a party is in controversy. Order that party to pay reasonable expenses incurred. The proponent or his counsel to pay the expenses incurred in opposing the application. 3. Strike out all or any part of any pleading of that party.

shall adduce evidence of the material facts pleaded by them. RULE 33 DEMURRER TO EVIDENCE Demurrer to evidence is made by the defendant after the plaintiff has completed the presentation of his evidence where the defendant moves for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. e. The defendant shall adduce evidence in support of his defense. the case shall be deemed submitted for decision. on motion of that party. Reference by consent of both parties 2. counterclaim. shall adduce evidence in support of their defense. Reference by motion of one of the parties or motu proprio: a. in any stage of the case. 2. in the order to be prescribed by the court. and g. if any. counterclaim. or b. Judgment on the Pleadings is proper: a. If answer fails to tender an issue. c. RULE 32 TRIAL BY COMMISSIONER Trial by commissioner: 1. The 4th party and so forth. If motion denied – defendant has the right to present evidence 2. Trial requires examination of a long account of either side b. unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. f. cross-claim. RULE 31 CONSOLIDATION OR SEVERANCE 1. or third-party complaint. The clerk shall have no power to rule on objections to any question or to the admission of exhibits. 2. for good reasons and in the furtherance of justice. shall adduce evidence of his defense. Question of fact. Judge should personally receive evidence EXCEPT that in default or ex parte hearings and in any case where the parties so agree in writing.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 b. but reversed on appeal – defendant deemed to have waived the right to present evidence. BUT the court may order a separate trial of any claim. permits them to adduce evidence upon their original case. which objections shall be resolved by the court upon submission of his report and the transcripts within 10 days from the termination of the hearing. the material facts alleged in the complaint shall always be proved in actions for: a. direct judgment on the pleadings 2. The 3rd-party defendant. arises upon motion or otherwise. Legal separation RULE 35 SUMMARY JUDGMENTS 18 . and 4th party complaint. in furtherance of convenience or in the interest of justice. RULE 34 JUDGMENT ON THE PLEADINGS 1. 1. cross-claim. CONSOLIDATION – the court may order a joint hearing or trial of any or all matters in issue when actions involving a common question of law or fact are pending before the court. d. and third-party complaint. counterclaim. If motion granted. the court may delegate the reception of evidence to its clerk of court who is a member of the bar. other than upon the pleadings. cross-claim. if any. Upon admission of the evidence. However. Annulment of marriage c. If answer otherwise admits the material allegations of the adverse party’s pleading  Then court may. The parties may then respectively adduce rebutting evidence only. The parties against whom any counterclaim or cross-claim has been pleaded. Taking of an account is necessary for the information of the court before judgment or for carrying a judgment order into effect c. unless the court. Declaration of nullity of marriage b.

Motion shall be served at least 10 days before the time specified for the hearing. deposition. mistake. Discovered after trial ii. there is no genuine issue. Could not have been discovered and produced at trial despite the exercise of reasonable diligence iii. 5. accident. and for legal separation since Sec. upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim. as distinguished from §1 where the claimant may file the motion at any time after the answer is filed. Decision is contrary to law 4. Several Judgments In action against several defendants. 3. and supported by affidavits of merit if the ground is FAME. b. the court may render judgment against one or more of them. §2“at any time”. 4. If presented. for newly-discovered evidence. cross-claim or to obtain a declaratory relief. except the 3 Proper only in actions to recover a debt. which terminates such claim. Although Rule does not specifically provide. also unavailable in actions for annulment of and declaration of nullity of marriage. Proper if no genuine issue as to any material fact (except as to damages recoverable) and if moving party is entitled to a judgment as a matter of law 2. Fraud. The defending party may file such motion. Action shall proceed as to other claims RULE 37 NEW TRIAL OR RECONSIDERATION 1. The judgment or final order shall be entered by the clerk in the book of entries of judgments if no appeal or motion for new trial or consideration is filed within 15 days 2. 2. except as to the amount of damages. Motion for new trial shall be in writing. Judgment on the pleadings and summary judgment distinguished: Judgment on the pleadings Summary judgment Proper when there is no genuine issue Proper even if there is an issue as to the between the parties damages recoverable Based exclusively on the pleadings without Based not only on pleadings but also on introduction of evidence affidavits. Separate judgments Judgment rendered to dispose of one of the several claims for relief presented in an action. Grounds: Motion for Reconsideration a. or “to obtain declaratory relief. The date of the finality of the judgment or final order shall be deemed to be the date of its entry. or excusable negligence. Grounds: Motion for New Trial a.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Summary judgment: 1. Newly discovered evidence  Requisites: i. 1 refers to actions “to recover upon a claim”. 3. depositions and admissions of the parties Available in any action. could probably alter the result of the action 3. Evidence is insufficient to justify the decision or final order c. counterclaim. or exceptions for a liquidated sum of money. RULE 36 JUDGMENTS. Motion for new trial or reconsideration filed within 15 days from notice of judgment and resolved by the court within 30 days from submission for resolution. Damages awarded are excessive b. or to recover a debt or a liquidated demand for money. pursuant to Rule 35. and admissions of the parties showing that. May be asked for by a party seeking to recover upon a claim. FINAL ORDERS AND ENTRY THEREOF 1. made at any stage. Based not only on pleadings but also on affidavits. leaving the action to proceed against the others.” 6. or for declaratory relief  Motions for summary judgment may be filed by the claimant or by the defending party. it must be supported by affidavits of 19 .

5. court shall order adverse parties to answer within 15 days from receipt. trial court loses jurisdiction on that date. The two remedies are exclusive of one another.  Uniform procedure for relief from judgments of MTC and RTC 4. which may be filed during the remainder of the 15-day period.  For so long as there is a certificate of entry of judgment. 3. Motion for reconsideration shall specifically point out the findings or conclusions of the judgment which are unsupported by evidence or contrary to law. upon motion of the prevailing party with notice to the adverse party b. OR OTHER PROCEEDINGS 1. After answer is filed or expiration of period therefor. or b. 2.  Execution with respect to consequential and exemplary damages should be postponed until such time as the merits of the case have been finally determined in the regular appeal. court shall hear the petition. if granted against denial of appeal. if P also files a notice of appeal on June 10. No second motion for reconsideration allowed. execution may already be issued by the court of origin or directed to do so by the CA. may issue only upon good reasons to be stated in a special order after hearing. Pro forma motion for new trial or reconsideration shall not toll the period for appeal.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 witnesses by whom such evidence is expected to be given.there is no need to await remand of the records. Grounds: a. Discretionary execution – pending period to appeal or during appeal. If granted. as the amounts remain uncertain and indefinite pending resolution. Appellate court – after the TC has lost jurisdiction  Example: P receives judgment: June 3 D receives judgment: June 1 D files notice of appeal: June 5 When does trial court lose jurisdiction? June 18 BUT. 20 . court shall give due course to appeal. judgment set aside and court shall proceed as if timely motion for new trial has been granted. By trial court – even after the perfection of the appeal for so long as the motion for execution was filed while the TC has jurisdiction over the case and is in possession of the records. with express reference to the testimonial or documentary evidence or the provisions of law alleged to be contrary to such findings. upon a judgment or order that disposes of the action or proceeding upon the expiration of the period to appeal therefrom if no appeal has been duly perfected. 6. SATISFACTION AND EFFECT OF JUDGMENTS 1. RULE 38 RELIEF FROM JUDGMENTS. 5. RULE 39 EXECUTION.  Execution with respect to appealed cases. Petition for relief from judgment filed within 60 days after learning of judgment and not more than 6 months after such judgment  Must be supported by affidavit showing the FAME and the facts constituting the petitioner’s good or substantial cause of action or defense 2. After petition is filed. Party who has filed a timely motion for new trial cannot file a petition for relief after the former is denied. ORDERS. the losing party must never have had a chance to controvert the adverse party’s evidence. Execution as a matter of right On motion with notice. or by duly authenticated documents to be introduced. Second motion for new trial must be based on a ground not existing or available when the first motion was made. Judgment or final order entered against a party by FAME. Judgment or final order is rendered and party has been prevented by FAME from taking an appeal  For fraud to be extrinsic. a.

Require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms 8. If against his real or personal property in the hands of the personal representatives. Against his executor. and the judgment obligor dies before levy. If death after execution is actually levied upon his property. If for delivery of possession of property – deliver possession of the same to the party entitled to it. 4/18/94) 4. or profits due as of date of issuance of writ. c. such judgment cannot be enforced by writ of execution but must be filed as a claim against his estate. In all cases. Motion for execution of final and executory judgment should be served on adverse party and set for hearing. if the judgment be for recovery of real or personal property or the enforcement of a lien thereon. or trustees of the judgment obligor – out of that property. motion is filed with court of origin supported by certified true copies of final judgment of appellate court. a. Actions for injunction b. heirs. unless court provides otherwise) a. rents.application of his executor or administrator or successor-in-interest b. b. 21 . legatees. or profits covered by the judgment out of the personal property of the person against whom it was rendered. tenants. costs. devisees. State the name of the court. Manner of executing writ: a. 6. 24-94.  Judgment obligor is given option to choose which property may be levied on sufficient to satisfy the judgment. Revived judgment may be enforced by motion within 5 years from entry and thereafter by action before barred by statute of limitations – file motion within 10 years from the finality of the revived judgment. Death of judgment obligor i. and out of real property if sufficient personal property cannot be found. Judgments NOT stayed by appeal (immediately executory. Death of judgment obligee . ii. If for sale of real or personal property – to sell property. 7. writ of execution shall specifically state the amount of the interest. damages. and to satisfy any costs. etc. and land necessarily used in connection therewith. b. Support e.  If the judgment obligor dies after the entry but before levy. it may be sold for satisfaction of the obligation. homestead in which he resides. or carabaos or other beasts of burden used in his ordinary occupation. rents. Receivership c. dispositive portion of the judgment order c. damages. 9. In case of appeal. However. or livelihood. If judgment against property of the judgment obligor – out of real or personal property with interest b. Property exempt from execution a. A final and executory judgment may be executed on motion within 5 years from entry. Accounting d. describing it and apply the proceeds in conformity with judgment. Shall issue in the name of the Republic of the Phils from court which granted the motion b. Execution in case of party’s death: a. Writ of execution: a.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 3. execution will issue if it be for the recovery of real or personal property. Family home as provided by law. with interest c. cows. e. if judgment is for a sum of money. aside from principal obligation. describing it. Tools and implements used in trade. May be revived and enforced by action after lapse of 5 years but before 10 years from entry. 3 horses. d. Judgments declared immediately executory 5. c. case number and title. Appellate court may on motion order court of origin to issue writ of execution (SC Circular No. employment.

11. 13. In other cases/matters directly adjudged. lawyers. or earnings for personal services within the 4 months preceding the levy which are necessary for the support of the family. in preliminary attachment and replevin.  Exemption does not apply if execution is upon a judgment for its purchase price or for foreclosure of mortgage. probate of will.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 d.000 owned by a fisherman and by which he earns his living. The sheriff may thus not claim it. physicians. Judgment obligor has one year from the date of the registration of the certificate of sale to redeem property sold by paying the purchaser the amount of his purchase. Money. or matters relating thereto that could have been raised subsequent to commencement of action. beyond which he can no longer redeem. 10. Creditor having lien by virtue of an attachment. 3rd Party claimant may vindicate his claim to property levied in a separate action because intervention is no longer allowed since judgment already executory. status.000.  Right of Exemption is a personal right granted to the judgment creditor. not exceeding P300. judgment. Who may redeem real property sold: a. judgment is conclusive between parties and their successors in interest. d. with 1% per month interest plus any assessments or taxes which he may have paid thereon after purchase with interest on said amount at 1% per month. c. Judgment upon a specific thing. not the sheriff or officer. g. 14. b. (Redeeming creditor is termed a redemptioner). b. excluding jewelry. annuities accruing or in any manner growing out of any life insurance. Effect of foreign judgment a. In case of judgment against a specified thing. Redemptioners have one year to redeem from the date of registration of the certificate of sale. Judgment obligor or his successor in interest in the whole or any part of the property. One fishing boat and accessories not more than P100.  Purchaser or redemptioner not entitled to receive rents and income of property sold inasmuch as these belong to the judgment obligor until the expiration of the period of redemption. b. will or administration. Salaries. etc. Judgment obligee or plaintiff may claim damages against third-party claimant in the same or a separate action. Sheriff not liable for damages if bond is filed. Right to receive legal support or any pension or gratuity from the government. e. Properties especially exempted by law. Purpose of bond filed by judgment obligee or plaintiff is to indemnify third-party claimant. The judgment obligor’s right to redeem within 60 days from last redemption is limited to the one-year period. They may also redeem beyond one-year period within 60 days after the last redemption. it is conclusive on the title or condition. h. or administration of estate or legal condition or status. Amount of bond not less than value of property levied on. Effect of judgment or final orders a. Lettered gravestones. f. with 2 % interest on the sum to be paid on the last redemption. or mortgage on the property sold subsequent to the lien under which the property was sold. relationship. i. Necessary clothing and articles for ordinary personal use. Third party claims: a. c. benefits. 12. conclusive upon title to the thing. k. Household furniture and utensils necessary for housekeeping not exceeding P3. e. j.000. 15. When foreign judgment may be repelled 22 . judgment is presumptive evidence of a right as between the parties and their successors in interest. In any other litigation. b. If against a person. that only is deemed to have been adjudged in a former judgment or which was actually and necessarily included therein. l. Professional libraries and equipment of judges. 3rd party claimant may vindicate his claim to the property by intervention since the action is still pending. wages.

Remedies against executory judgments or orders: a. 17. b. Order varies the terms of the judgment b. Clear mistake of law. Order granting writ of execution ONLY appealable when: a. 16. h. Final former judgment b. f. Public officers and employees. e. 19. c. the property of the State or any subdivision thereof. Requisites for res judicata a.judgment is null on its face or court had no jurisdiction 20. the administration of which has been entrusted to them. Collateral attack . the property of the estate under administration. Defective in substance c. When court may order execution even before an executory judgment and pending an appeal a. Movants were in extreme need of the premises subject of the suit and the bond to answer for damages in case of reversal on appeal (supersedeas bond) was posted by them. Writ varies the terms of the judgment i. Prevailing party posts sufficient bond to answer for damages in case of reversal of judgment  But in most cases. g. or other incorporeal property in the hands of third persons. Persons disqualified from participating in the execution sale: a. Direct attack c. d. Want of notice to party c. identity of subject matter. Guardian with respect to the property under his guardianship. parties and cause of action. Fraud e. Defendants are exhausting their income and have no other property aside from the proceeds from the subdivision of lots subject of the action. Appeal is clearly dilatory. 23 . c. Issued against the wrong party d. Issued without authority f. SPECIAL JUDGMENT . Ambiguity in the terms of the judgment 18. d. Agents. the property entrusted to them. Rendered by a court of competent jurisdiction d. i. Evidence of want of jurisdiction b. When vague and court renders what is believed to be wrong interpretation.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 a. Executors and administrators. the mere filing of a bond is not sufficient justification for discretionary execution. Articles subject of the case are perishable. Controversy was never validly submitted to the court h. When quashal of writ of execution proper a. Garnishment – act of appropriation by the sheriff if the property involved is money. Lapse of time would make the ultimate judgment ineffective. 22. Officer conducting the execution sale or his deputy. Change of the situation of the parties renders execution inequitable g. Judgment is for support and the beneficiary is in need thereof. Petition for relief b.requires the performance of any other act than the payment of money or the sale or delivery of real or personal property. unless with principal’s consent. 23. Writ sought to be enforced against property exempt from execution j. b. or any GOCC. 21. Judgment debtor is in imminent danger of insolvency. e. merely sets apart such funds but does not constitute the creditor the owner of the garnished property. Improperly issued b. Judgment is on the merits c. Prevailing party is of advanced age and in a precarious state of health and the right in the judgment is non-transmissible being for support. Between first and second actions. Collusion d. stocks. Judgment was already satisfied e.

If reversed. Interlocutory order.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 f. Contents of Notice on appeal: a. Others specifically disqualified by law. RTC will try case on the merits as if it has original jurisdiction. Specify judgment or final order or part thereof appealed from.  In all these cases. RULE 41 APPEAL FROM THE RTC 1. c. Order dismissing an action without prejudice. (e. 5. b. judges. 2. Order of execution. Motion for extension of time to file a motion for new trial or reconsideration is prohibited. unless the court allows an appeal therefrom. Appeal from judgment or final order of MTC taken to RTC exercising jurisdiction over the area to which MTC pertains. b. or duress. If order of execution is not in accord with the dispositive portion. 24 . d. Judgment or final order for or against one or more of several parties or in separate claims. File notice of appeal with the MTC which rendered decision appealed from within 15 days after notice of such judgment. Contents of Record on appeal: a. h. Record on appeal is filed within 30 days and required only for special proceedings 3. or any other ground vitiating consent. 3. the RTC should not dismiss the case but shall decide it in the exercise of original jurisdiction. 6. Appellate docket fees paid to clerk of court of MTC . seller of goods who exercise right of resale of goods). f. prosecuting attorneys. Order denying a motion for new trial or recon. No appeal may be taken from: a.g. e. Names of the parties to the appeal. c. confession. Procedure for appeal from cases dismissed without trial for lack of jurisdiction: a. g. clerks of courts. Material dates showing timeliness of appeal. Full names of all parties to the proceedings shall be stated in the caption. Order denying a petition for relief or any similar motion seeking relief from judgment. If the first level court tried the case on the merits without jurisdiction. 4.payment not a condition precedent for perfection of appeal but must nonetheless be paid within the period for taking appeal. while the main case is pending. g. Order denying a motion to set aside a judgment by consent. and other officers and employees connected with the administration of justice. mistake. h. d. Justices. Record on appeal required only for special proceedings and where multiple appeals allowed filed within 30 days. If affirmed because the MTC has no jurisdiction. compromise on the ground of fraud. Ordinary appeal from RTC (in the exercise of original jurisdiction) to CA is by filing notice of appeal with the RTC within 15 days from notice of its judgment. the property and rights which may be the subject of litigation in which they take part by virtue of their profession. RULE 40 APPEAL FROM MTC TO RTC 1. Lawyers. the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions. 2. Appeal may be taken from a judgment or final order that completely disposes of the case or of a particular matter therein. b. the case shall be remanded to the MTC. Court to which the appeal is being taken. remedy is certiorari under Rule 65.  Not appealable because execution is only the result of the judgment. 4. Order disallowing or dismissing an appeal. aggrieved party may file an appropriate civil action under Rule 65. c.

9. d. Notice of Appeal and Record of Appeal distinguished: Notice of Appeal Record of Appeal Party’s appeal by notice of appeal deemed Deemed perfected as to appellant with perfected as to him upon the filing of the respect to the subject matter upon the notice of appeal in due time approval of the record on appeal filed in due time Court loses jurisdiction over case upon Court loses jurisdiction only over subject perfection of the appeals filed in due time matter upon approval of records on appeal and expiration of time to appeal of other filed in due time and expiration of the time parties to appeal of other parties. Decisions of quasi-judicial body appealed to the CA b. or b. Executions pending appeal c. State whether or not appellee accepts the statement of matters involved in the petition. Accompanied by clearly legible duplicate originals or true copies of the judgments or final order of both MTC and RTC. b. issues raised. Dismiss the petition if it finds: i. 11. to be taken within 15 days from notice of award or judgment or from notice of the denial of the motion for reconsideration. e. b. etc. Include judgment or final order from which appeal is taken. 7. If an issue of fact is to be raised. Failure to pay appellate docket fees within the reglementary period is ground for dismissal of appeal. Concise statement of matters involved. Indicate specific material dates showing it was filed on time. Full names of parties to case. 10. State reasons why petition should not be given due course.material data rule. General Rule: An ordinary appeal stays the execution of a judgment Exceptions: a. 8. 2. Quasi-judicial agencies covered: 25 . include by reference all the evidence. Require respondent to file a comment. Prosecuted manifestly for delay iii. Only 1 Motion for reconsideration allowed 2. d. Questions raised are to insubstantial to require consideration RULE 43 APPEALS FROM THE CTA AND QUASI-JUDICIAL AGENCIES TO THE CA 1. by petition for review on certiorari with SC. c. 3. Contents of comment In 7 legible copies. Appeal from decision of RTC in appellate jurisdiction is by petition for review filed with CA. or both allegedly committed by the RTC. Appeals from judgments and final orders of the Court of Tax Appeals and quasijudicial agencies in exercise of quasi-judicial functions (unless otherwise provided by law and the Labor Code [NLRC decisions]) shall be by petition for review to the CA. c. Data showing that appeal perfected in time . without impleading the lower courts or judges thereof. and all interlocutory orders as are related to the appealed judgment. Cases covered by Summary Procedure RULE 42 PETITION FOR REVIEW FROM THE RTC TO THE CA 1. In chronological order. copies of only such pleadings. oral or documentary. Where only questions of law are raised.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 b. Form and contents of petition for review (from RTC to CA) In 7 legible copies: a. CA may: a. and the reasons or arguments relied upon for the allowance of the appeal. Certification under oath of non-forum shopping. Point out such insufficiencies or inaccuracies as he believes exists in petitioner’s statement of matters. specification of errors of fact or law. e. taken upon the issues involved. petitions. accompanied by certified true copies of material portions of record and other supporting papers: a. Patently without merit ii. c.

. cancellation of notices of lis pendens or the grant of dissolution of provisional remedies. g. Employees Compensation Commission. RULE 44 PROCEDURE IN THE COURT OF APPEALS IN ORDINARY APPEALED CASES 1. n. d. k. Trademarks and Technology Transfer. Relief/Prayer viii. Statement ofr Facts v. 7 copies c. any appeal by way of petition for review from a decision. 4. Social Security Commission. 6657. CA – The filing of motion for new trial does not suspend the period for filing appellant’s brief. Statement of the Issues of Fact or Law vi. o. Agricultural Inventions Board. b. Central Board of Assessment Appeals. Bureau of Patents. i. Construction Industry Arbitration Commission. If the case is not brought up by record on appeal. final resolution or order of the Ombudsman.  Exceptions: a. With proof of service thereof to appellee d. Statement of the Case iv.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 a. j. Argument vii. National Electrification Administration. NLRC . 2.g.DECISIONS OF THE NLRC – ORIGINAL ACTION FOR CERTIORARI UNDER RULE 65 FILED WITH THE CA. Civil Aeronautics Board. filed with the SC after March 15. questions on jurisdiction c.M. q. Ground for dismissal of the appeal: unauthorized alteration. a copy of the judgment or final order appealed from should be attached as an appendix. or addition in the approved record on appeal. c. Voluntary arbitrators St. GSIS. Assignment of Errors iii. Appellant’s Brief a. Land Registration Authority. Insurance Commission. Contents: (MUST BE IN THE FOLLOWING ORDER) i. omission. e. no. f. r. but shall be dismissed. h. e. Any question of law or fact that (a) has been raised in the lower court and (b) is within the issues framed by the parties may be raised on appeal. Department of Agrarian Reform under RA No. questions concerning mere incidents of the action. or special civil action relative to such decision. Desierto – Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be taken to the CA under Rule 43. 1999). A subject index ii. Period for filing: within 45 days from receipt of the notice of the clerk that all the evidence are attached to the record.  Civil Service Commission. Office of the President. Appellee’s Brief a. m. Period for filing: within 45 days from receipt of the apellant’s brief 26 . p. 1999 shall no longer be referred to the CA. 3. NOT SC  Fabian vs.  General Rule: Issues not raised/ventilated in the lower court cannot be raised for the first time on appeal. ∅ According to A. National Telecommunications Commission.  Tan v. b. 99-2-02-SC (promulgated February 9. Martin’s Funeral Home vs. l. Securities and Exchange Commission. Energy Regulatory Board. the issue is closely related to or intimately interwoven with the error properly assigned b.

f. CA manifestly overlooked certain relevant facts not disputed by the parties and which.   6. if properly considered. c. went beyond the issues of the case and the same is contrary to the admissions made. Findings of fact of trial court and CA are conflicting. d. The inference made is manifestly mistaken. prohibition iii. Memoranda are filed. Failure of appellant to file his memorandum within the period may be a ground for dismissal of the appeal. Certiorari as mode of appeal: From judgment or final order of the CA. With proof of service upon the appellant d. or impossible. 7 copies c. in cases of: i.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 5. would justify a different conclusion. or conjectures. and that the mode of appeal is erroneous. 4. certiorari ii. in lieu of briefs. 27 . Period for Filing: within 30 days from receipt of the notice issued by the clerk that all the evidence is already attached to the record. based on a certain state of facts Question of Fact – exists when doubt or difference arises as to the truth or the falsehood of alleged facts 2. by filing a petition for review on certiorari with the SC within 15 days from notice of judgment. 3. e. Sandiganbayan. Contents: (MUST BE IN THE FOLLOWING ORDER) i. A notice of appeal need not be approved by the judge. quo warranto and v. c. Question of Law – exists when doubt or difference arises as to what the law is. b. Argument Appellant’s Reply Brief optional. mandamus iv. A subject index ii. There is grave abuse of discretion. RTC on pure questions of law. not the RTC judge. g. in making its findings. The judgment is based on misapprehension of facts. Camacho: An RTC judge has no right to disapprove a notice of appeal on the ground that the issues raised involve a pure question of law. The CA. surmises. The conclusion is a finding grounded entirely on speculations. Rule 45 and Rule 65 distinguished: Rule 45 Rule 65 No need for Motion for Recon Motion for Recon generally required Relates to final judgments Applies to interlocutory orders rendered in excess/lack of jurisdiction An appeal Not an appeal in the strict sense 15 days from notice of judgment 60 days from notice of judgment  Kho vs. absurd. unlike a record on appeal. RULE 45 APPEAL BY CERTIORARI TO THE SUPREME COURT 1. or other courts whenever authorized by law. Statement of Facts – if appellee accepts the statement of facts in the appellant’s brief Counter-Statement of Facts – if appellee wants to point out such inefficiences or inaccuracies as he believes exist in the appelant’s statement of facts iii. habeas corpus b. in order for appellant to answer points in the appellee’s brief not covered in his main brief Period for filing: within 20 days from receipt of the appellee’s brief Memoranda a. b. Findings of fact of the CA may be reviewed by the SC on appeal by certiorari when: a. That is the prerogative of the CA.

Filed in 7 copies c. Grounds for annulment of judgment of RTC in civil cases: a. d. Determination of factual issues – The court may conduct hearings thereon or delegate the reception of evidence to any of its members or to an appropriate court. RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS 1. Effects of judgment of annulment – gives the CA authority to order the trial court on motion to try the case if the ground for annulment is extrinsic fraud. b.  Prescriptive period for refiling the original action is suspended unless the extrinsic fraud is attributable to the plaintiff in the original action. Comment. Jurisdiction is also acquired by voluntary submission thereto. and for quo warranto by Rule 66) 2. resolution or ruling. Lack of jurisdiction – must be filed before action barred by laches. order. For extrinsic fraud – four years from discovery. Rule 48 is applicable to the SC in original and appealed cases. appeal. 2. concise statement of the matters involved iii. f. Periods: a. and quo warranto. etc.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 RULE 46 ORIGINAL CASES IN THE COURT OF APPEALS 1. Rule 56) 28 . c. Petition for annulment available only if ordinary remedies of new trial. and other documents relevant thereto. full names and actual addresses of all petitioners and respondents ii. e. Rule 56) 2. Order to acquire jurisdiction over the respondent (by service on him of the order or resolution indicating its initial action on the petition. Extrinsic fraud – not available as a ground if availed of earlier in a motion for new trial or petition for relief b. Submission of memoranda. The court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper. Rule 50 and § 5[e]. Accompanied by a clearly legible duplicate original or certified true copy of the judgment. Requirements: a. b. Payment of docket and other lawful fees and deposit P500 for costs 3. d. Determination of Due Course. actions for annulment of judgment shall be governed by Rule 47. (See §§ 2 and 4. (Except as otherwise provided. the material dates must be indicated showing when the final order was received.). agency or office. but not if it is lack of jurisdiction. Filing of Petition. RULE 48 PRELIMINARY CONFERENCE 1. Outright Dismissal. Contents: i. g. h. 4. factual background of the case iv. 3. (See §1[h]. Applies to original actions for certiorari. Lack of jurisdiction. prohibition and mandamus by Rule 65. prohibition. petition for relief or other appropriate remedies no longer available through no fault of the Petitioner. Procedural Outline in Original Cases in the CA a. grounds relied upon v. mandamus. Certification of Non-forum shopping e. 4. for certiorari. b. relief prayed for  In actions filed under Rule 65. Failure to comply with requirements shall be sufficient ground for dismissal of the petition. Failure of the appellant to appear at the preliminary conference is a ground to dismis the appeal.

What constitutes quorum: a. no hearing or oral argument shall be alowed in support thereof. b. to make rules on the constitution of divisions. Unauthorized alterations. 3. to make rules on the filling of vacancies. directs otherwise. RULE 51 JUDGMENT 1. en banc – affirmative votes of the majority of the members of those present b. Same procedure followed as in new trials before the RTC RULE 54 INTERNAL BUSINESS 1. Ground: newly discovered evidence ONLY 3. h. to make rules on other matters relating to the business of the court. 2. PENDENCY OF A MOTION FOR RECONSIDERATION STAYS THE EXECUTION OF JUDGMENT unless the court. are signed by the Justices taking part. for good reasons. Must be accompanied by affidavits of merit 4. Failure to file the notice of appeal or record on appeal within the period. omissions. Judgment or order appealed from is not appealable. 29 . en banc – majority of actual members of the court shall constitute a quorum b. Date when judgment or final resolution becomes executory shall be deemed as date of entry. Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided. After judgment or final resolution of the CA and dissenting or separate opinions if any. f. When to file: Any time after the appeal from the lower court has been perfected AND before the CA loses jurisdiction over the case 2. circulars. Number of affirmative votes necessary to pass a resolution/pronounce judgment: a. 3.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 RULE 49 ORAL ARGUMENT  MOTIONS SHALL NOT BE SET FOR HEARING. Grounds for dismissal of appeal by the CA: a. unless the court otherwise directs. Failure of the record on appeal to show on its face that the appeal was taken within the reglementary period. 4. There must be proof of service on the adverse party. or directives of the court without justifiable cause i. 2. RULE 52 MOTION FOR RECONSIDERATION 1. b. they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies to be served upon parties or counsel. Memorandum decisions are permitted in the CA. (Thus. d. Failure of appellant to appear at the preliminary conference or to comply with orders. g. Failure of the appellant to pay the docket and other lawful fees. Period for filing: Within 15 days from notice of judgment or final resolution 2. c. d. Failure of the appellant to take necessary steps for the completion or correction of the record within the time limited by the order. to make proper orders or rules to govern the allotment of cases among divisions. motions filed in the CA need not contain a notice of hearing anymore) RULE 50 DISMISSAL OF APPEAL 1. RULE 53 NEW TRIAL 1. e. Cases of the CA are allotted among different divisions. Absence of specific assignment of errors in appellant’s brief or page references to the record. 3. and e. division – affirmative votes of 3 members. or additions in the approved record on appeal. to make rules on the regular rotation of Justices. c. division – 3 members shall constitute a quorum. When CA should sit en banc: a.

3.  ANCILLIARY . removed. Lack of merit in the petition.incidents in and dependent on the result of the main action. Failure to pay the requisite docket fee and other lawful fees or to make deposit for costs. e. PROVISIONAL REMEDIES Provisional remedies (ancillary/auxiliary)  Writs and processes available during the pendency of the action which may be resorted to by a litigant to preserve and protect rights and interests therein pending rendition. Cases affecting ambassadors. as long as the property belongs to the defendant. presupposes that the same is being concealed. To recover possession of personal property unjustly detained. d. c. reclusion perpetua. General Rule: Appeal to SC by notice of appeal shall be dismissed. except in criminal cases where the penalty imposed is death. Failure to comply with any circular. 2. real or personal or incorporeal. Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition. directive or order of the SC without justifiable cause. and consuls. e. Case is not appealable to the SC. and for the purpose of ultimately affecting a final judgment in the case. d. Extends to all kinds of property. 5. b. May be resorted to even if the personal property is in the custody of a third person. Available even if the recovery of personal property is only an incidental relief sought in the action. Rule 122) 6. RULE 57 PRELIMINARY ATTACHMENT 1. or is one in which he has proprietary interests. mandamus. without prejudice to considerations on whether or not to give due course to the appeal as provided in Rule 45. Preliminary Attachment a. An appeal to SC can only be taken by petition for review on certiorari. Failure to take appeal within the reglementary period. b.  PROVISIONAL .REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 RULE 55 PUBLICATION OF JUDGMENTS AND FINAL RESOLUTIONS  Judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court (Philippine Reports/SCRA). Grounds 30 . c. Grounds for dismissal of appeal by SC a. Exception: In criminal cases where the penalty imposed is life imprisonment. f. AND with permission of the court 2. c. RULE 56 PROCEDURE IN THE SUPREME COURT 1. or disposed of to prevent its being found or taken by the applicant. Error in choice or mode of appeal g. Petitions for certiorari. quo warranto. other public ministers. Can still be resorted to even if the property is in custodia legis. or when a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence which gave rise to the more serious offense for which the penalty of death or life imprisonment is imposed (Section 3. Discretionary upon SC (and CA) to call for preliminary conference similar to pre-trial. Appeal by certiorari from RTC to SC submitting issues of fact may be referred to the CA for decision or appropriate action. habeas corpus. or life imprisonment. Disciplinary proceedings against judges and attorneys. b.constituting temporary measures availed of during the pendency of the action. Original cases cognizable – exclusive list: a. 4. prohibition.

d. where party is about to depart from the Phils with intent to defraud creditors. When damages sustained by a third person not a party to the action. BUT the requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served despite diligent efforts. Property attached is exempt from execution. 8. b. Recovery of specified amount of money and damages. b. or person action but may be against any person exercising judicial powers Does NOT involve the jurisdiction of the May be on the ground that the court 31 . 4. In the appellate court for damages pending appeal. d. in all other cases. Action against party guilty of fraud in contracting the debt or incurring the obligation or in the performance thereof. 6. Claims for damages cannot be subject of independent action except: a. except moral or exemplary.  CASH DEPOSIT OR COUNTERBOND SHALL SECURE THE PAYMENT OF ANY JUDGMENT THAT ATTACHING PARTY MAY RECOVER b. Before appeal is perfected. c. c. e. or the defendant is a non-resident of the Phils or the action is in rem or quasi in rem. Judgment is rendered against attaching party. counterbond or deposit shall be equal to the value of the property as determined by the court. Attachment was improperly or irregularly issued. amount of counterbond should be equal to the amount fixed in the order of attachment. When principal case is dismissed by the trial court for lack of jurisdiction without giving the claiming party opportunity to prove claim for damages. Before trial. 7. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION: Enforcement of writ of preliminary attachment must be preceded by or simultaneously accompanied by service of summons. with intent to defraud creditors. when the property is concealed or disposed of to prevent its being found or taken. There is no need to first execute judgment against the judgment obligor before proceeding against sureties. When to apply for damages against the attachment bond a. tribunal. Action for money or property embezzled or for willful violation of duty by public officers. Before judgment becomes executory. Applicant’s bond is insufficient or sureties fail to justify. Application for discharge may only be filed with the court where the action is pending and may be filed even before enforcement of the writ so long as there has been an order of attachment. Debtor posts a counterbond or makes requisite cash deposit. copy of complaint. Preliminary injunction distinguished from Prohibition Preliminary Injunction Prohibition Generally directed against party to the Directed against a court. d. b. When preliminary attachment is discharged a.if attachment to be discharged is with respect to particular property. before judgment becomes executory. application and affidavits for the attachment and the bond upon the adverse party. or the defendant is a resident of the Phils temporarily absent therefrom. Action against party who is concealing or disposing of property. or is about to do so. sureties on counterbond to lift attachment are charged and can be held liable for the amount of judgment and costs upon notice and summary hearing. agent. f. Recovery of possession of property (both real and personal) unjustly detained. RULE 58 PRELIMINARY INJUNCTION 1. f. c. Action against party who is not a resident of the Phils and cannot be found therein or upon whom service by publication can be made. e. When judgment becomes executory. 3.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 a. or fiduciary. Attachment is excessive – discharge is with respect to the excess 5. officers of corporation.

Plaintiff’s bond is insufficient or defective 4. while in applications for injunction or TRO. Complaint is insufficient. b. complaint. this principle applies before the raffle and issuance of the writs or TRO. BUT the requirement of prior or contemporaneous service of summons shall NOT apply where the summons could not be served despite diligent efforts. PRINCIPLE OF PRIOR OR CONTEMPORARY JURISDICTION:  When an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading. After judgment. the case. Action by mortgagee for foreclosure of mortgage when the property is in danger of being wasted or materially injured and that its value is probably insufficient to discharge the mortgage debt. the principle applies only in the implementation of the writ. Injunction may be refused or dissolved when: a. or to carry out the judgment. promulgated June 25. OR that the parties have stipulated in the contract of mortgage.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 court against whom the writ is sought acted without or in excess of jurisdiction. 799. 6. In no case can TRO be longer than 20 days including 72 hours. or the defendant is a resident of the Phils temporarily absent therefrom. c. In any event. or dispose of the property in litigation. 3. No TRO. together with a copy of the complaint and the applicant’s affidavit and bond. until further orders from SC. Appointment sought is without sufficient cause. d. or contemporaneously accompanied by service of summons. 8. When receivership may be denied/lifted a. The commission of acts or non-performance during pendency of litigation would probably work injustice to the plaintiff. TRO can be issued ex parte only if matter of grave urgency and plaintiff will suffer grave injustice and irreparable injury. 60 days for CA. Defendant is doing or about to do an act violating plaintiff’s rights respecting the subject of the action and tending to render judgment ineffectual. to preserve the property during the pendency of the appeal. or to dispose of it. preliminary injunction or preliminary mandatory injunction may issue against the government in cases involving implementation of government infrastructure projects. shall be raffled only after NOTICE to and IN THE PRESENCE of the adverse party or the person to be enjoined. No Preliminary Injunction or TRO may be issued without posting of bond and notice to adverse party and hearing. administer. Burgos. Good for 72 hours from issuance. TRO good for only 20 days from service. reiterated in Administrative Circular no. When appointing one is the most convenient and feasible means to preserve. if filed in a multiple-sala court. Plaintiff is entitled to relief sought which consists in restraining or requiring the performance of acts (latter is preliminary mandatory injunction). such notice shall be preceded. 5. Defendant is permitted to post a counterbond it appearing that he would sustain great and irreparable injury if injunction granted or continued while plaintiff can be fully compensated. (Garcia vs. b. c. Party has an interest in the property or fund subject of the action and such is in danger of being lost.1999) RULE 59 RECEIVERSHIP 1. or materially injured. 32 . 2. or the defendant is a non-resident of the Phils  Difference with principle in preliminary attachment – In attachment. May be main action itself or just a Always a main action provisional remedy in the main action 2. b. and hold summary hearing to determine whether TRO should be extended for 20 days. affidavit and bond. upon the adverse party in the Phils. 7. Grounds for Preliminary Injunction a. c. removed. When receiver may be appointed: a. or to aid in execution when execution has been returned unsatisfied or the judgment debtor refuses to apply his property to satisfy judgment. within which judge must comply with service of summons.

Application is set for hearing not more than 3 days after comment is filed. Can be sought only where the defendant is in the actual or constructive possession of the personal property involved. Rule 57. 33 . Available only where the principal relief sought in the action is the recovery of possession of personal property. 4. terms of payment or mode for providing support.  what court shall take into account: a. e. depositions or other authentic documents in support thereof. Adverse party files sufficient bond for damages. Adverse party files comment within 5 days (unless different period is fixed) from service of application. as where is it under attachment. having due regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the question involved. Defendant entitled to return of property taken under writ if: a. 2. At the commencement of the proper action or proceeding OR b. Determine provisionally the pertinent facts. 6. resources or means of the adverse party c. Render such orders as justice and equity may require. 3. c. 5. Application: a. it shall be filed.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 b. or was seized under a search warrant or distrained for tax assessment. Verified b. Filed by any party c. RULE 61 SUPPORT ‘PENDENTE LITE’ 1. 3. c. c. If application is granted: court shall fix the amount of money to be provisionally paid or such other forms of support as should be provided. surety is not liable for payment of judgment for damages rendered against plaintiff on a counterclaim for punitive damages for fraudulent or wrongful acts committed by the plaintiffs which are unconnected with the defendant’s deprivation of possession by the plaintiff. Applicant or receiver’s bond is insufficient. Cannot be availed of if property is in custodia legis. no longer need to file a separate action). or disposed of. AND b. removed. Plaintiff’s bond is insufficient or defective c. whether it be damages against the applicant’s bond for the unlawful appointment of the receiver or for enforcing the liability of the sureties of the receiver’s bond by reason of the receiver’s management (in the latter case. Process: a. or after the expiration of the period for its filing. Application filed in court and served with adverse party b. 4. At any time prior to the judgment or final order 2. Both the applicant for the receivership and the receiver appointed must file separate bonds. He seasonably posts redelivery bond b. State the grounds for the claim and financial conditions of both parties d. If application is denied: principal case shall be tried and decided as early as possible. In claims against the bond. Extends only to personal property capable of manual delivery. necessities of the applicant b. Replevin a. Accompanied by affidavits. Thus. Available to recover personal property even if the same is NOT being concealed. Property is not delivered to plaintiff for any reason. ascertained and granted under the same procedure as Section 20. d. When filed: a.  Replevin bond is only intended to indemnify defendant against any loss that he may suffer by being compelled to surrender the possession of the disputed property pending trial of the action. What court shall do: a. b. RULE 60 REPLEVIN 1.

in criminal actions where the civil liability includes support for the offspring as a consequence of the crime AND ii. executive order. her parents iii. Interpleader c. Forcible Entry RULE 62 INTERPLEADER 1. Interpleader a. When applicable: when the judgment or final order of the court finds that the person who has been providing support pendent elite is not liable therefore b. will.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 7. If the person ordered to give support pendent elite refuses or fails to do so and a 3rd party furnished that support to the applicant: 3rd party may. c. b.  Court may refuse to adjudicate where decision would not terminate the uncertainty or controversy which gave rise to the action OR where the declaration is not necessary and proper at the time. Certiorari d. Terms and validity thereof are doubtful and require judicial construction. State 9. or other written instrument. Mandamus b. Partition of real estate j. Declaratory Relief h. offended party ii. without prejudice to liability for contempt b. contract. If the adverse party fails to comply with an order granting support pendent elite: order of execution. Enforcement of order: a. reserved or instituted prior to its filing b. Subject matter of controversy is a deed. 8. otherwise ordinary civil action is the remedy. Foreclosure of mortgage k. obtain a writ of execution to enforce his right of reimbursement. Types of Special Civil Actions a. Support in criminal cases a. statute. or regulation. the civil aspect thereof has not been waived. Complaint in interpleader must be answered 15 days from service of summons RULE 63 DECLARATORY RELIEF AND SIMILAR REMEDIES 1. after due notice and hearing in the same case. is not disputed by the other parties to the action. If recipient fail to reimburse: person who provided the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give support. Contempt e. Unlawful detainer l. Restitution a. Eminent Domain g. Presupposes that the plaintiff has no interest in the subject matter of the action or has an interest therein which. grandparents or guardian iv. c. Quo warranto i. or ordinance. Original action b. when applicable: i. who may file: (in successive order) i. SPECIAL CIVIL ACTIONS 1. What court may order recipient: return the amounts already paid  with legal interest from the dates of actual payment  without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give support. 34 . in whole or part. Prohibition f. Requisites for action for declaratory relief: a. c. No breach of the document.

the latter may not go the SC via a petition for certiorari. d. Need merely be filed seasonably (within 60 days). they did not see fit to withdraw or abandon said appeal after filing the petition. and he should not seek the reversal of a decision that is unfavorable to the action taken by him. CA – It is well settled that the remedies of ordinary appeal and certiorari are mutually exclusive. However. Act sought to be controlled – discretionary acts. g. Adequate relief is not available through other means or other forms of action or proceeding. Purpose – to compel the performance of the act desired. the SC noted that. Higher court exercises original jurisdiction under its power of control and supervision over the orders of lower courts. subject to certain exceptions. Mandamus a. sought to be reviewed or set aside has become fait accompli such that any reversal thereof shall have become academic. Declaratory relief still proper because the applicability of the ordinance to future transactions still remains to be resolved. Purpose – to prevent the commission or carrying out of an act. f. Such a situation would lead to absurdity and confusion in the ultimate disposition of the case. as in the case where the petitioner paid under protest the fees imposed by an ordinance.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002  Must be before breach is committed. Act sought to be controlled – discretionary and ministerial acts. h. order. c. or proceedings. it has also been held that after a judgment has been rendered and an appeal therefrom had been perfected. b. Respondent – one who exercises judicial functions and acted with grave abuse of discretion or in lack or excess of jurisdiction. 35 . Motion for reconsideration is a condition precedent. Generally directed against an interlocutory order of the court prior to appeal from the judgment in the main case.  Professional Regulation Commission vs. does NOT stay the challenged order. the period to file petition is merely interrupted by the filing of the Motion for Reconsideration and continues to run again for the remaining period which shall not be less than 5 days from notice of denial. 2. There is an actual justiciable controversy between persons whose interests are adverse. Respondent – one who exercises judicial or non-judicial functions. RULE 64 REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT  For petition for review of judgments and final orders of the COMELEC and COA – period to file is 30 days to be counted from notice of the judgment or final order or resolution sought to be reviewed and not from the receipt of the denial of the Motion for Reconsideration. both the CA and SC are reviewing the same decision of the RTC at the same time. He is merely a nominal party. without undue delay and before the act. e. b. d. a petition for certiorari relating to certain incidents therein may prosper where the appeal does not appear to be a plain. Unless a writ of preliminary injunction shall have issued.  If CA reverses the judge. Purpose – to correct an act performed by respondent. speedy and adequate remedy. while petitioners tried to justify their recourse to both an appeal and to a petition for certiorari by claiming that their appeal would not constitute a plain. although the matter could be threshed out in an ordinary suit for the recovery of the fees paid. i. RULE 65 CERTIORARI. Thus. In this case. 3. e. PROHIBITION AND MANDAMUS 1. The same is ripe for adjudication. Certiorari a. not alternative or successive. Parties are the aggrieved parties against the lower court or quasi-judicial agency and the prevailing parties. Prohibition a. f. speedy and adequate remedy. c.

e. Where in criminal actions. 2000)  No extension of time to file the petition shall be granted except for compelling reason and in no case exceeding 15 days. 4. Orders were issued either in excess of or without jurisdiction. b. RULE 68 FORECLOSURE OF REAL ESTATE MORTGAGE 1. he may maintain an independent suit for damages. f. if any 36 . The final order of expropriation is appealable. the 60-day period shall be counted from notice of the denial of said motion. i. respondent is ousted but Successful protestant will assume office if petitioner shall not automatically assume he had obtained plurality of valid votes the office vacated RULE 67 EXPROPRIATION 1. 5. For certain special considerations. or if he is joined but not served with process and the proceeding is already closed before he came to know of the condemnation. Appeal does not constitute a speedy and adequate remedy.  The power of eminent domain is exercised by the filing of a complaint which shall join as defendants all persons owning or claiming to own. Respondent – one who performs judicial or non-judicial functions. Urgent necessity for the resolution of the question and any further delay would prejudice the interests of the government. c.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 b. order. but the lower court may determine the just compensation to be paid. the complaint must be verified. its assignments.  In case a motion for reconsideration or new trial is timely filed. or are the same as those raised and passed upon in the lower court. Act sought to be controlled – ministerial act. In expropriation. When SC allows the writ of certiorari even when appeal is available and proper: a. a motion for recon would be useless. or resolution sought to be reviewed. the court rejects rebuttal evidence for the prosecution. f. g. such as public welfare or policy. or occupying. 2. Petitioner was deprived of due process and there is extreme urgency for relief. If a known owner is not joined as defendant. Where in a criminal case. d. Cases where Motion for Reconsideration is NOT condition precedent for certiorari: a. b. c. (SC Circular 56-2000. Under the circumstances. relief from order or arrest is urgent and the granting of such relief by the trial court is improbable. Where the decision in the certiorari case will avoid future litigation. Where the order is a patent nullity. 6. (SC Circular 56-2000) RULE 66 QUO WARRANTO 1. Issue raised is one purely of law or where public interest is involved. whether such motion is required or not. he is entitled to intervene in the proceedings. Proceeding was ex parte or in which petitioner had no opportunity to object. Order is a patent nullity. effective September 1. c. Proceedings in the lower court are null for lack of due process. date and due execution of the mortgage b. h. The period for filing any of the 3 actions is not later than 60 days from notice of judgment. The defendant can only file an answer instead of a motion to dismiss 3. e. Quo Warranto distinguished from Election Contest: Quo Warranto Election Contest Basis is that occupant is disqualified from Challenge rights of a person to hold office holding office by reason of ineligibility or on the ground of irregularities in the disloyalty conduct of the election If successful. Questions raised in the certiorari proceeding were duly raised and passed upon by the lower court. What complaint shall set forth: a. d. any part of the expropriated land or interest therein. as in acquittal.

upon motion. Afterwards. including interest and other charges as approved by the court. divest the rights in the property of all the parties to the action and to ii. within what period: within a period of not less than 90 days nor more than 120 days from entry of judgment ii. the names and residences of the mortgagor and the mortgagee d. 4. General Rule: i. on motion. Junior encumbrances in the order of their priority to be ascertained by the court d. Deficiency judgment Court. Ascertain the amount due to the plaintiff upon the mortgage debt or obligation. Mortgaged debt due c. shall render judgment against the defendant for any balance for which. in default of such payment: such property shall be sold at public auction to satisfy the judgment. if upon trial. Render judgment for the sum so found due and order that the same be paid to the court or to judgment obligee i. b. there being a rebate of interest where such rebate is proper. sale shall operate to: i. The entire debt and costs shall be paid. if the proceeds of the sale be sufficient therefore. Whole shall be ordered to be sold in the first instance ii. court may. the amount claimed to be unpaid thereon g. Thereafter sale shall terminate iii. from the court which ordered the foreclosure. What the court shall do. upon motion. upon finality of the order of confirmation OR ii. he may be personally liable to the plaintiff  if balance is all due at the time of the rendition of the judgment: execution may issue immediately 37 . the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 2. Costs of sale b. upon motion. c. 4. Except: if property cannot be sold in portions without prejudice to the parties: i. Possession a. How proceeds of sale to be disposed: a. General Rule: When purchaser at the auction sale or last redemptioner entitled to possession: i. Unless: a 3rd party is actually holding the same adversely to the judgment obligor c. 6. by the record of the case. and costs AND e. subject to such rights of redemption as may be allowed by law. Said purchaser or last redemptioner may secure a writ of possession. order more to be sold as often as more becomes due for the principal or interest and other valid charges b. all of whom shall be made defendants in the action. When confirmed by an order of the court. a description of the mortgaged property e. Effect when defendant fails to pay the amount of the judgment within the period specified a. Court. shall order the property to be sold in the manner and under the provisions of Rule 39 and other regulations governing sales of real estate under execution. Sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof c. upon expiration of the period of redemption when allowed by law b. a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage f. vest their rights in the purchaser. 3. A sufficient portion of the property is sold to pay the total amount and the costs due ii. it find the facts set forth in the complaint to be true: d. 5. To the mortgagor or his duly authorized agent or to the person entitled to it. How sale to proceed in case the debt is not all due a. upon motion.

Duties of commissioners a. The certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser RULE 69 PARTITION 1. The final deed of sale shall be registered with the registry of deeds b. Order of partition a. which time shall be stated in the judgment 7. Issued if after trial the court finds that the plaintiff has the right thereto b. 9. Hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof c. situation and quality of the different parts thereof. Purpose of suit is not for ejectment but for enforcement of terms of contract. if they are able to agree. Shall set forth nature and extent of title and an adequate description of the real estate of which partition is demanded b. Shall join as defendants all persons interested in the property 2. Thereupon the parties may. make the partition among themselves by proper instruments of conveyance  The court shall confirm the partition so agreed upon by all the parties  Such partition. 38 . 8. If property is not redeemed: a. intimidation. threat. May be appealed by any aggrieved party d. shall be recorded in the registry of deeds of the place in which the property is situated. A brief memorandum thereof shall be made by the registrar of deeds upon the certificate of title. A brief memorandum thereof shall be made by the registrar of deeds 10. When prior demand in unlawful detainer actions not required. If parties unable to agree upon partition: court shall appoint not more than 3 commissioners to make the partition 3. If property is redeemed: a. and the order of the court confirming the same. Complaint a. If no right of redemption exists: the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser. Certificate of sale and the order confirming the sale shall be registered c. c. Deed of redemption shall be registered with the registry of deeds b. If right of redemption exists: a. View and examine the real estate. When purpose of action is to terminate lease because of expiry of term and not because of failure to pay rental or to comply with terms of lease contract. having due regard to the improvements.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002  otherwise: plaintiff shall be entitled to execution at such time as the balance remaining becomes due under the terms of the original contract. Forcible entry distinguished from Unlawful detainer Forcible entry Unlawful detainer Possession of land is unlawful from the Possession of defendant is inceptively beginning due to force. 2. RULE 70 FORCIBLE ENTRY AND UNLAWFUL DETAINER 1. a. after due notice to the parties to attend at such view and examination b. b. Set apart the same to the parties in lots or parcels as will be most advantageous and equitable. Certificate of title in the name of the mortgagor shall not be cancelled b. lawful but becomes illegal by reason of strategy or stealth termination of right of possession No requirement of previous demand for Demand is jurisdictional defendant to vacate premises Plaintiff must prove that he was in prior Plaintiff need not have been in prior physical possession until he was deprived physical possession thereof by defendant 1-year period counted from date of actual 1-year period from date of last demand entry or when plaintiff learned thereof.

3. ORAL demand is not permitted. Criminal contempt a. Civil Contempt a. No appeal may be taken but the party adjudged in contempt may avail himself of actions of certiorari or prohibition which shall stay the execution of the judgment. this is NOT the demand contemplated by the Rules. Indirect Contempt a. b. there must be a demand: i. opportunity to appear and show cause. To vacate by written notice on the person in the premises or by posting such notice on the premises if no person is found thereon and this is a condition precedent to the filing of the case. 2. When defendant is not a tenant but a pure intruder  In all other cases. the pendency of an action for reconveyance does not divest the MTC of its jurisdiction over an action for FE/UD. Committed in the presence of or so near a court or judge. Punished summarily without hearing. Conduct directed against the dignity or authority of the court. nor will it preclude execution of judgment in the ejectment case where the only issue involved is material possession.  A forcible entry/unlawful detainer action has an entirely different subject matter from that of an action for reconveyance. The former involves material possession. the latter issue shall be resolved only to determine the issue of possession. Thus. 4. b. Not committed in the presence of the court. ownership. RULE 71 CONTEMPT 1. and the latter. 3. Punished only after hearing – complaint in writing or motion or party or order of court requiring person to appear and explain. To pay or to comply with the conditions of the lease. Purpose is to vindicate public authority. b. AND ii. b.REMEDIAL LAW (CIVIL PROCEDURE) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 c. If demand is in the alternative (pay OR vacate). c. 39 . Purpose is to protect and enforce civil rights and remedies for the litigants. provided a bond fixed by the court is filed. iii. Failure to do something ordered by the court for the benefit of a party. When the defendant raises the issue of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership. Direct Contempt (contempt in facie curiae) a.