RULE 1 GENERAL PROVISIONS Sec. 1. Title RULES OF COURT Sec. 2.

In what courts applicable in ALL COURTS, except as otherwise provided by SC Sec. 3. Cases governed—govern the procedure to be observed in 1. Civil action—a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong a. Ordinary b. Special *both are governed by rules for ordinary civil actions subject to the specific rules prescribed for a special civil action 2. 3. Criminal action—State prosecutes a person for an act or omission punishable by law Special proceedings—a remedy by which a party seeks to establish a status, a right, or a particular fact

 if additional defendant is impleaded in a later pleading, action is commenced with regard to him  on the date of the filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by court NOTES:  Complaint—the first pleading filed with the court by a party  Primary Purpose: to apprise the adverse party of the nature and the basis of the claim  Filing of a complaint = the act of presenting the same before the clerk of court o It must be accompanied by the payment of the requisite docket and filing fees because the court acquires jurisdiction over the case only upon payment of the prescribed fees  Mandatory and jurisdictional o GR: without payment, complain is considered not filed o Exception: rule was relaxed by SC where payment of fee within a reasonable time but not beyond the prescriptive period was permitted o Filing of a complaint in the wrong court is a ground for a motu propio dismissal of the same  Complaint or any other pleading—a statement only of the ultimate facts which constitute a party’s claim or defense and which must be set forth in a methodical and logical form o Must specify the relief sought o Must be dated and signed by the party or by the counsel representing him o Must designate the address of the party or his counsel o Need not be verified unless a verification is specially mandated by law or by a particular rule (ie all pleadings under Rules on Summary Procedure must be verified, petitions for certiorari, prohibition and mandamus) o Must contain or be accompanied by a certification against forum shopping  plaintiff or principal party certifies that he has not commenced any action or filed any claim involving the same issues in any other tribunal  Failure to comply = ground for dismissal of the complaint upon motion and after hearing  Relief or prayer is not largely determinative of the cause of action  Amendment of pleading by the plaintiff o A matter of right if made before the other party has served a responsive pleading  If court refuses to accept an amendment, it can be compelled to do so through mandamus o A matter of discretion if made, with leave of court, after a responsive pleading has been served o Reasons for refusal of an amendment: a. Intended for delay b. It would result in a drastic change in the cause of action or defense or a change in the theory of the case c. When court has no jurisdiction over the subject matter of the action

NOTES:  Special Civil Actions: a. Interpleader b. Declaratory Relief c. Review on Judgments of COMELEC d. Certiorari, Prohibition, Mandamus e. Quo Warranto  Provisional Remedies: a. Preliminary Attachment b. Preliminary Injunction c. Receivership d. Replevin e. Support pendent lite

f. Expropriation g. Foreclosure h. Ejectment i. Partition j. Contempt

Sec. 4. In what cases not applicable 1. Elections cases 2. Land registration 3. Cadastral 4. Naturalization 5. Insolvency proceedings 6. Other cases not herein provided for except by analogy or in a suppletory character and whenever practicable and convenient Sec. 5. Commencement of Action (Civil)  by FILING of the original complaint in court 叶清蓮

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Sec. 6. Construction  these RULES shall be LIBERALLY CONSTRUED in order to promote their objective of securing a a. Just b. speedy c. inexpensive disposition of every action and proceeding RULE 2 ORDINARY CIVIL ACTIONS CAUSE OF ACTION Sec. 1. Every ORDINARY CIVIL ACTION must be based on a CAUSE OF ACTION Sec. 2. Cause of Action Defined  act or omission by which a party violates a right of another NOTES:  Right to file a suit = Right of action  There is no right of action where there is no cause of action  Elements of Cause of Action: 1. A right in favor of the plaintiff by whatever means and under whatever law it arises or is created 2. An obligation on the part of the named defendant to respect or not to violate such right 3. Act or omission on the part of such defendant in violation of the right of the plaintiff or constituting a breach of obligation of the defendant to the plaintiff for which the latter may maintain an action for recovery of damages or other appropriate relief  Cause of action based on Breach of Contract: 1. Existence of a contract 2. Breach of the contract  Action—the suit filed in court for the enforcement or protection of a right, or the prevention or redress of a wrong  Cause of action—basis of the action filed  Failure to state a cause of action v. Absence or lack of cause of action Failure to state cause of action Insufficiency in the allegations of complaint Raised in a motion to dismiss under Rule 16 before a responsive pleading is filed and can be determined only from the allegations of the pleading Does not completely spell out the elements of a particular cause of action Absence or lack of cause of action Failure to prove or establish by evidence one’s stated cause of action Raised in a demurrer of evidence under Rule 33 after plaintiff has rested its case and can be resolved only on the basis of evidence he has presented

 Conditions precedent—matters which must be complied with before a cause of action arises and compliance of the same must be alleged in the pleading (ie tender of payment is required before making a consignation)) o Failure to comply = ground for a motion to dismiss  Actionable document = document relied upon by either the plaintiff and defendant Sec. 3. Party may NOT institute more than 1 suit for a single cause of action Sec. 4. Effect of SPLITTING a single cause of action  2 or more suits are instituted on the basis of the same cause of action  filing of one or a judgment on the merits in any one  available as a ground for the DISMISSAL of the others NOTES:  Discouraged because it breeds multiplicity of suits  Applies also to counterclaims and cross-claims  As to which action should be dismissed would depend upon judicial discretion and the prevailing circumstances of the case Sec. 5. JOINDER of causes of action  a party may in one pleading assert, in the alternative or otherwise, as MANY CAUSES of action as he may have against an opposing party, subject to the following CONDITIONS: 1. The party joining the causes shall COMPLY with the RULES on JOINDER OF PARTIES 2. Joinder shall NOT include a. Special civil actions b. Actions governed by special rules 3. Where causes of action are between SAME PARTIES but pertain to DIFFERENT VENUES or JURISDICTION  joinder may be allowed in RTC provided one of the causes of action falls within the jurisdiction of said court and venue lies therein 4. Where CLAIMS in all the causes of action are principally for RECOVERY OF MONEY  AGGREGATE amount claimed = test of JURISDICTION NOTES:  Before there can be proper joinder of parties 1. Right to relief should arise out of the same transaction or series of transactions 2. There exists a common question of law or fact Sec. 6. MISJOINDER of causes of action  NOT a ground for DISMISSAL of an action  may, on motion of party or on the initiative of the court, be severed and proceeded with separately P a g e |2

 Test of the sufficiency of the statement of a cause of action o w/n admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint

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RULE 3 PARTIES TO CIVIL ACTIONS Sec. 1. Who may be parties  only NATURAL or JURIDICAL PERSONS or ENTITIES authorized by law  PLAINTIFF may refer to a. Claiming party b. Counter-claimant c. Cross-claimant d. Third-party plaintiff  DEFENDANT may refer to a. Original defending party b. Defendant in a counterclaim c. Cross-defendant d. Third-party defendant Sec. 2. Parties in Interest  REAL PARTY IN INTEREST = a. party who stands to be benefited or injured by the judgment in the suit b. party entitled to the avails of the suit  unless otherwise authorized by law or these Rules  every action must be prosecuted or defended in the name of the real party in interest Sec. 3. REPRESENTATIVES as Parties  when action is ALLOWED to be prosecuted or defended by a REPRESENTATIVE or someone acting in FIDUCIARY CAPACITY  BENEFICIARY shall be included in the title of the case and shall be deemed to be the real party in interest  a Representative may be a a. trustee of an express trust b. guardian c. executor or administrator d. party authorized by law or these Rules  AGENT acting in his own name and for the benefit of an unlicensed principal  may sue or be sued without joining the principal except when the contract involves things belonging to the principal Sec. 4. SPOUSES as Parties  HUSBAND and WIFE shall sue or be sued JOINTLY except as provided by law

Sec. 5. Minor or Incompetent Persons  may sue or be sued, with the ASSISTANCE of his father, mother, guardian, or if he has none, guardian ad litem Sec. 6. Permissive Joinder of Parties  WHO can be joined as plaintiffs or defendants in one complaint = ALL PERSONS in whom or against whom any right to relief in respect to or arising out of the same transaction or series of transactions is alleged to exist, whether jointly, severally, or in the alternative, except as otherwise provided in these Rules  WHEN or on what REASONS = where any question of law or fact COMMON to all such plaintiffs or defendants may arise in the action  Court may make such orders as may be just to prevent any plaintiff or defendant from being embarrassed or put to expense in connection with any proceedings in which he may have no interest Sec. 7. COMPULSORY joinder of INDISPENSABLE PARTIES  parties in interest without whom no final determination can be had of an action

Sec. 8. NECESSARY PARTY  NOT INDISPENSABLE but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action Sec. 9. NON-JOINDER of NECESSARY parties to be pleaded  where in any pleading in which a claim is asserted, a necessary party is not joined  pleader shall set forth his name, if known, and shall state why he is omitted  if court finds the reason for omission UNMERITORIOUS  may order the INCLUSION of the omitted necessary party if jurisdiction over his person may be obtained  FAILURE TO COMPLY with the order of his inclusion, WITHOUT JUSTIFIABLE CAUSE = WAIVER of the claim against such party  NON-INCLUSION of necessary party DOES NOT prevent the court from proceeding in the action and the judgment rendered shall be without prejudice to the rights of such necessary party

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Sec. 10. UNWILLING co-plaintiff  if CONSENT of any party who should be joined as plaintiff CANNOT be OBTAINED  he may be made a defendant and the reason therefor shall be stated in the complaint Sec. 11. Misjoinder and Non-joinder of Parties  NEITHER is a ground for DISMISSAL of an action  Parties may be dropped or added, at ANY STAGE of the action and on such terms as are just, by a. order of the court on motion of any party b. on its own initiative  any claim against a misjoined party may be severed and proceeded with separately Sec. 12. CLASS SUIT  subject matter of controversy = one of common or general interest to many persons so numerous that it is impracticable to join all as parties  a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all  any party in interest = right to intervene to protect his individual interest NOTES:  Subject matter of controversy = the physical, real or personal things, money, lands, and the like, in relation to the suit which is prosecuted and not the delict or wrong committed by the defendant  No class suit when a. Interests are conflicting b. To recover real property individually held c. Suit by a corporation to recover property of its members d. Recover damages for personal reputation Sec. 13. Alternative Defendants  when plaintiff is uncertain against who of several persons he is entitled to relief  may join any or all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to relief against the other NOTES:  Assume that Mr. X, a pedestrian was injured in the collision of 2 vehicles. He suffered injuries but does not know with certainty which vehicle caused the mishap. Mr. X should sue the vehicle drivers/owners in the alternative Sec. 14. Unknown identity or name of defendant  he may be sued as the unknown owner, heir, devisee, or by such other designation as the case may require 叶清蓮

 when his identity or true name is discovered  pleading must be AMENDED accordingly Sec. 15. Entity without juridical personality as defendant  2 or more persons NOT organized as an ENTITY with juridical personality enter into a transaction  they may be sued under the name by which they are generally or COMMONLY KNOWN  in the ANSWER of such defendant  names and addresses of the persons composing said entity all be revealed Sec. 16. DEATH of party and DUTY of COUNSEL  Pending action  CLAIM is NOT extinguished  duty of the counsel of the deceased to a. INFORM the court within 30 days after such death of the fact thereof b. GIVE the name and address of his legal representative/s c. FAILURE TO COMPLY = ground for DISCIPLINARY ACTION  HEIRS of the deceased = allowed to be SUBSTITUTED for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for minor heirs  court shall order said legal representative/s to APPEAR and be SUBSTITUTED within a period of 30 DAYS FROM NOTICE  NO legal representative is NAMED by the counsel or if the one named shall fail to appear within specified period  court may order the OPPOSING PARTY, within a specified time, to PROCURE the appointment of an EXECUTOR or ADMINISTRATOR for the estate of the deceased and the latter shall immediately appear for and on behalf of the deceased  charges in procuring such appointment, if defrayed by the opposing party = may be recovered as costs Sec. 17. DEATH or SEPARATION of a party who is a PUBLIC OFFICER  a public officer who is a party in an action in his official capacity  during PENDENCY, he dies, resigns or otherwise ceases to hold office = action may be CONTINUED and maintained by or against his SUCCESSOR if, within 30 days after the successor takes office or such time as may be granted by court, it is satisfactorily shown to the court by any party that there is SUBSTANTIAL NEED for continuing or maintain it and that the successor ADOPTS or continues or threatens to adopt or continue the action of his predecessor  BEFORE SUBSTITUTION is made  party or officer to be affected, unless expressly assenting thereto, be given REASONABLE NOTICE of the application therefor and accorded an opportunity to be heard

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Sec. 18. INCOMPETENCY or INCAPACITY  if a party becomes such  court, upon motion with notice, allow the action to be continued by or against the incompetent or incapacitated person assisted by his legal guardian or guardian ad litem Sec. 19. TRANSFER of INTEREST  action may be continued by or against the ORIGINAL PARTY unless court, upon motion, directs the person to whom the interest is transferred to be substituted in the action or joined with the original party Sec. 20. Action on CONTRACTUAL MONEY CLAIMS  action is for recovery of money arising from contract, express or implied and the defendant DIES BEFORE ENTRY of FINAL JUDGMENT = NOT be DISMISSED but allowed to continue until entry of final judgment  FAVORABLE JUDGMENT obtained shall be enforced in the manner especially provided in these Rules for prosecuting claims against the estate of a deceased person Sec. 21. INDIGENT PARTY  a party who has NO MONEY or PROPERTY sufficient and availbel for food, shelter and basic necessities for himself and his family  AUTHORIZED to litigate his action, claim or defense as indigent upon an ex parte application and hearing in court  such authority shall include an EXEMPTION from PAYMENT of a. Docket and other lawful fees b. Transcripts of stenographic notes which the court may order to be furnished him  AMOUNT of such docket and other lawful fees = LIEN on any judgment rendered in the case favorable to the indigent unless the court otherwise provides  ADVERSE PARTY may CONTEST the grant of such authority ANY TIME BEFORE JUDGMENT is RENDERED by the TRIAL COURT  if court determines after hearing that the party declared indigent is in fact a person with sufficient income or property = proper docket and other lawful fees shall be assessed and collected by the clerk of court  if PAYMENT is NOT MADE within the time fixed by the court = EXECUTION shall issue or the payment thereof without prejudice to such other sanctions as the court may impose

Sec. 21. NOTICE to the SOLICITOR GENERAL  court, in its DISCREATION, may REQUIRE the APPEARANCE of the SOLGEN who may be heard in person or through a representative duly designated by him in any ACTION involving the VALIDITY of any a. Treaty d. Executive order b. Law e. Presidential decree c. Ordinance f. Rules or regulations

RULE 4 VENUE OF ACTIONS Venue Place where case is to be heard or tried Matter of procedural law Plaintiff-Defendant or PetitionerRespondent relationship May be conferred by act or agreement of parties Not a ground for a motu propio dismissal Jurisdiction Authority to hear and determine a case Substantive Court-Subject matter relationship Fixed by law and cannot be agreed upon by the parties Ground for a motu propio dismissal

Sec. 1.VENUE of REAL ACTIONS  actions affecting TITLE TO OR POSSESSION OF REAL PROPERTY  commenced and tried in proper court with has jurisdiction over the AREA wherein the real property involved, or a portion thereof, is situated  FORCIBLE ENTRY and DETAINER actions  MTC of the municipality or city wherein the real property involved, or a portion thereof, is situated NOTES:  Real action is local = venue depends on the location of the property  To be real action, matter in litigation must involve any of the following issues pertaining to a real property: e. Title to d. Partition f. Ownership e. Foreclosure g. Possession f. Any interest in real property Sec. 2. VENUE of PERSONAL ACTIONS  commenced and tried where a. plaintiff or any of the principal plaintiffs RESIDES b. defendant or any of the principal defendant RESIDES c. in the case of NON-RESIDENT defendant = where he may be FOUND, at the election of the plaintiff NOTES:  Real action is transitory = venue depends upon the residence of the plaintiff or defendant at the option of the plaintiff

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Sec. 3. VENUE of actions against NON-RESIDENTS  defendant does NOT RESIDE and is NOT FOUND in the PHILIPPINES or any property of defendant located in the Philippines and action affects the PERSONAL STATUS of plaintiff = commenced and tried in the court of the a. PLACE where plaintiff RESIDES b. Where PROPERTY or any portion thereof is SITUATED or FOUND Sec. 4. When Rule NOT APPLICABLE 1. Cases where SPECIFIC RULE or LAW provides otherwise 2. Where PARTIES have validly AGREED BEFORE the FILING of the action on the EXCLUSIVE VENUE NOTES:  Stipulations on venue 1. Must be made in writing 2. Made before the filing of the action 3. Must be exclusive as to the venue  There is need to inquire as to whether or not the agreement is RESTRICTIVE or NOT o The parties must be able to show that such stipulation is EXCLUSIVE o Words with restrictive meanings: only, solely, exclusively in this court, in no other court save –, particularly, nowhere else but/except RULE 5 UNIFORM PROCEDURE IN TRIAL COURTS Sec. 1.UNIFORM PROCEDURE  SAME procedure in MTC and RTC except 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 Sec. 2. Meaning of Terms  the term MUNICIPAL TRIAL COURTS shall include a. METROPOLITAN TRIAL COURTS b. MUNICIPAL TRIAL COURTS in Cities c. MUNICIPAL TRIAL COURTS d. MUNICIPAL CIRCUIT TRIAL COURTS NOTES:  RTC Jurisdiction: a. INCAPABLE of PECUNIARY ESTIMATION 1. Specific Performance 2. Rescission or Annulment of Contract 3. Partition 4. Foreclosure b. DAMAGES, exclusive of interests = EXCEEDS P300k, P400k c. PROBATE = EXCEEDS P300k, P400k 叶清蓮

d. e. 

ADMIRALTY and MARTIME JURISDICTION = EXCEEDS P300k, P400k REAL PROPERTY = EXCEEDS P20k, P50k Ordinary Procedure 15 days With REPLY Pre-Trial TRIAL

Ordinary Procedure under Rules 1-39 Summary Procedure With OUTRIGHT DISMISSAL of the complaint Period to ANSWER is 10 days No reply since it is a PROHIBITED PLEADING Preliminary Conference NO TRIAL, only submission of judicial affidavits or position papers  Actions as to OBJECT IN REM Judgment is BINDING on the WHOLE WORLD

QUASI-IN REM Judgment is BINDING upon PARTICULAR PERSONS

IN PERSONAM Judgment is BINDING upon PARTIES impleaded or their successors in interest Action for Specific Performance Action for Breach of Contract

These actions are REGISTERED Probate proceeding Action for Partition Cadastral proceeding Action to Foreclose Real Estate Mortgage

RULE 6 KINDS OF PLEADINGS Sec. 1. Pleadings defined  written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment NOTES:  Necessity of Pleadingsto invoke the jurisdiction of the court  Purpose of Pleadingsintended to secure a method by which the issues may be properly laid before the court  All pleadings shall be liberally construed so as to do substantial justice  The intention of the pleader is the controlling factor in construing a pleading and should be read in accordance with its substance, not its form  In case there are ambiguities in the pleadings, the same must be construed most strongly against the pleader and that no presumptions in his favor are to be indulged in  System of Pleading in the Philippines = Code Pleading = based on codified rules or written set of procedure as distinguished from common law procedure  Caption of the pleading must contain 1. Name of the court 2. Title of the action 3. Docket number, if assigned

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 

 

It is not the caption of the pleading but the allegations therein which determine the nature of the action and the court shall grant relief warranted by the allegations and proof even if no such relief is prated for Body of the pleading sets forth its 1. Designationwhen 2 or more causes of action are joined, the first cause of action shall be prefaced with the words ―first cause of action‖, and so forth for the others 2. Allegations of the party’s claims or defensesdivided into paragraphs and shall be so numbered for ready identification  shall omit statements of mere evidentiary facts and shall contain only ULTIMATE FACTS 3. Relief prayed for = PRAYER or the WHEREFORE clausedoes not constitute a part of the statement of the cause of actiondoes not serve to limit or narrow the issues presented 4. Date of the pleading Pleading need not be under OATH A pleading is VERIFIED by an AFFIDAVIT declaring 1. Affiant has read the pleading 2. Allegations therein are true and correct of his personal knowledge or based on authentic records A pleading required to be verified but lacks the proper verification = be treated as an unsigned pleading; however, this does not necessarily render the pleading defective

Sec. 3. Complaint defined  pleading alleging the plaintiff’s cause/s of action  NAMES and RESIDENCES of the plaintiff and defendant must be stated in the complaint NOTES:  Complaint must be SIGNED by the plaintiff or the counsel representing him indicating his ADDRESS  An UNSIGNED PLEADING produces no legal effect o The court, however, is authorized to allow the pleader to correct the deficiency if the pleader shows to the satisfaction of the court that the failure to sign was due to mere INADVERTENCE and not to delay the proceedings  Significance of the signature of counselsignature constitutes a certificate by him that a. He has read the pleading b. To the best of his knowledge, information and belief there is good ground to support it c. It is not interposed for delay  When counsel is subject to disciplinary action in connection with pleadings a. He deliberately files an unsigned pleading b. Signs a pleading in violation of the Rules c. He alleges in the pleading scandalous or indecent matter d. He fails to promptly report to the court a change of his address Sec. 4. Answer defined  pleading in which a defending party sets forth his defenses Sec. 5. Defenses 1. NEGATIVE = specific DENIAL of the material fact/s alleged in the pleading of the claimant essential to his cause/s of action 2. AFFIRMATIVE = 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  this defense includes a. Fraud g. Estoppel b. Statute of limitations h. Former recovery c. Release i. Discharge in bankruptcy d. Payment j. any other matter by way e. Illegality of confession and f. Statute of frauds avoidance

Sec. 2. Pleadings allowed  CLAIMS of a party are asserted in a a. Complaint b. Counterclaim c. Cross-claim d. Third-party complaint e. Complaint-in-intervention  DEFENSES of a party are alleged in  ANSWER to the pleading asserting a claim against him  ANSWER may be responded to by a REPLY NOTES:  Pleadings allowed under the Rules on Summary Procedure 1. Complaint 3. Cross-claim pleaded in the answer 2. Compulsory counterclaim 4. Answers  Pleadings prohibited under the Rules on Summary Procedure 1. Permissive counterclaims 3. Replies 2. Third-party complaints 4. Pleadings-in-intervention  Pleadings not allowed in a petition for a writ of amparo or habeas data 1. Counterclaim 4. Third-party complaint 2. Cross-claim 5. Pleadings-in-intervention 3. Reply

NOTES:  NEGATIVE PREGNANT ≠ SPECIFIC DENIAL o Considered actually as an ADMISSION o Q: Were you in ATENEO at 4’oclock last Saturday? o A: I was in my LIT CLASS. Civil Procedure P a g e |7

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Sec. 6. Counterclaim defined  any claim which a defending party may have against an opposing party NOTES:  A counterclaim is not intrinsically a part of the answer because it is a separate pleading although it may be included in the answer  A counterclaim may be 1. Compulsory a. Arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the opposing party’s claim b. Falls within the jurisdiction of the court c. Does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction 2. Permissiveabsence of logical connection with the subject matter of the complaint  Tests to determine whether a counterclaim is compulsory or not 1. Are the issues of fact or law raised by the claim and the counterclaim largely the same? 2. Would res judicata bar a subsequent suit on defendant’s claims, absent the compulsory counterclaim rule? 3. Will substantially the same evidence support or refute plaintiff’s claim as well as the defendant’s counterclaim? 4. Is there any logical relation between the claim and the counterclaim  Compulsory v. Permissive Counterclaims Compulsory Permissive Compulsory counterclaim not set up May be set up as an independent action shall be barred and will not be barred if not contained in the answer of the complaint Not an initiatory pleading An initiatory pleading Accomplished by a certification against forum shopping and whenever required, also a certificate to file action issued by Lupong Tagapamayapa Failure to answer a compulsory counterclaim is not a cause for a default declaration Payment of docket and other lawful fees should be complied with  Period to answer a counterclaim = within 10 DAYS from SERVICE Sec. 7. Compulsory Counterclaim defined  one which, being cognizable by the regular courts of justice, arises out of or is connected with the a. transaction or occurrence constituting the subject matter of the opposing party’s claim b. does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction

 such a counterclaim must be within the jurisdiction of the court both as to (a) amount and the (b) nature thereof, except in an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount Sec. 8. Cross-claim defined  any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein  may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the corss-claimant NOTES:  Cross-claim shall be set up in the same action or answer  Counterclaim v. Cross-claim Counterclaim Cross-claim Claim against an opposing party Claim against a co-party May or may not arise out of the subject Must arise from the transaction or matter of the complaint occurrence that is the subject matter of the original complaint or counterclaim  Period to answer a cross-claim = 10 DAYS from SERVICE Sec. 9. Counter-counterclaims and Counter-cross—claims  Counterclaim  may be asserted against an original counter-claimant  Cross-claim  may also be filed against an original cross-claimant Sec. 10. Reply defined  a pleading, the office or function of which is to DENY, or ALLEGE facts in denial or avoidance of new matter s alleged by way of defense in the answer and thereby join or make issue as to such new matters  if a party does not file such reply = all new matters alleged in the answer are deemed CONTROVERTED  if the plaintiff wishes to INTERPOSE any claims arising out of the new matters so alleged  such claims shall be set forth in an AMENDED or SUPPLEMENTAL complaint NOTES:  Reply = RESPONSIVE pleading to an answer  Filing of a reply to the answer is not mandatory and will not have an adverse effect on the defendant

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Sec. 11.Third (Fourth, etc.)-Party Complaint defined  a claim that a defending party may, with leave of court, file against a person not a party to the action for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim 2. NOTES:  Trial courts are vested with discretion to allow or disallow a party to an action to implead an additional party  Period to answer to a third-party complaint = within 15 DAYS from service of SUMMONS 3. Sec. 12. Bringing New Parties  when the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim = court shall order them to be brought in as DEFENDANTS if jurisdiction over them can be obtained Sec. 13. Answer to third (fourth etc.)-party complaint  may allege in his answer his defenses, counterclaims or cross-claims including such defense that the third (fourth etc.)-party plaintiff may have against the original plaintiff’s claim  in proper cases, may also assert a counterclaim against the original plaintiff in respect of the latter’s claim against the third-party plaintiff RULE 7 PARTS OF A PLEADING Sec. 1. Caption defined  sets forth the 1. NAME OF THE COURT 2. TITLE OF THE ACTION  indicates the names of the parties o All parties must be named in the original complaint or petition, but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties o Their respective participation in the case shall also be indicated 3. DOCKET NUMBER, if assigned Sec. 2. The Body defined  sets forth its 1. DESIGNATION  Headings o When 2 or more causes of action are joined  statement of the first shall be prefaced = ―first cause of action‖, of the second = ―second cause of action‖, and so on for the others o 1 or more paragraphs in the answer are addressed to 1 or several causes of action in the complaint = be prefaced ―answer to the first 叶清蓮 4.

cause of action‖ or ―answer to the second cause of action‖, and so on o 1 or more paragraphs of the answer are addressed to several causes of action = be prefaced the same ALLEGATIONS OF THE PARTY’S CLAIMS OR DEFENSES  Paragraphs o This shall be divided into paragraphs so numbered as to be readily identified o Each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience o Paragraph  may be referred to by its number in all succeeding proceedings RELIEF PRAYED FOR  it may add a GENERAL PRAYER for such further or other relief as may be deemed just or equitable DATE OF THE PLEADING

Sec. 3. Signature and Address  SIGNED by the party or counsel representing him stating in either case his ADDRESS which should not be a post office box  SIGNATURE OF COUNSEL constitutes a CERTIFICATE by him that he has a. Read the pleading b. To the best of his knowledge, information and belief there is good ground to support it c. It is not interposed for delay  UNSIGNED PLEADING produces no legal effect o However, court may, in its DISCRETION, allow such deficiency to be REMEDIED if it shall appear that the same was due to mere INADVERTENCE and not intended for delay  Counsel is subject to appropriate DISCIPLINARY ACTION when he a. DELIBERATELY files an unsigned pleading or signs a pleading b. Signs a pleading in VIOLATION of this Rule c. Alleges scandalous or indecent matter therein d. Fails to promptly report to the court a change of his address Sec. 4. Verification  pleadings NEED NOT be under oath, verified or accompanied by affidavit EXCEPT when otherwise specifically required by law or rules  Pleading is VERIFIED by an AFFIDAVIT that a. Affiant has read the pleading b. Allegations therein are true and correct of his personal knowledge or based on authentic records  A pleading required to be verified shall be treated as an UNSIGNED pleading if it contains a verification based on a. ―information and belief‖ b. ―knowledge, information and belief‖ c. Lacks a proper verification P a g e |9

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Sec. 5. Certification against Forum Shopping  Plaintiff or principal party shall certify a. Under oath in the complaint or other initiatory pleading asserting a claim for relief b. In a sworn certification annexed thereto and simultaneously filed therewith  shall certify that 1. He has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency, and to the best of his knowledge, no such other action or claim is pending therein 2. If there is such other pending action or claim  a complete statement of the present status thereof 3. If he should thereafter learn that the same or similar action or claim has been filed or is pending  he shall report that fact within 5 days therefrom ot the court wherein his aforesaid complaint or initiatory pleading has been filed  FAILURE TO COMPLY with the foregoing requirements = not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the DISMISSAL of the case without prejudice, unless otherwise provided, upon motion and after hearing  submission of a FALSE CERTIFICATION or non-compliance with any of the undertakings therein = constitute INDIRECT CONTEMPT of court, without prejudice to the corresponding administrative and criminal actions  If the acts of the party or his counsel clearly constitute WILLFUL and DELIBERATE forum shopping = same shall be ground for SUMMARY DISMISSAL with prejudice and shall constitute DIRECT CONTEMPT as well as a cause for administrative sanctions NOTES:  (Notes for Secs. 1-4 are already in Rule 6)  Certification is MANDATORY but NOT JURISDICTIONAL  Forum Shopping o as a result of an adverse opinion in one forum, a party seeks a favorable opinion other than by appeal or certiorari in another o a party institutes 2 or more suits in different courts, either simultaneously or successively, in order to ask the courts to rule on the same or related causes and/or to grant the same or substantially the same reliefs on the supposition that one or the other court would make a favorable disposition or increase a party’s chances of obtaining a favorable decision or action o an act of malpractice as the litigants trifle with the courts and abuse their processes o exists when the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in another  How to determine existence of Forum Shopping 叶清蓮

  

Whether in the 2 or more cases pending, there is 1. Identity of parties 2. Identity of rights or causes of action 3. Identity of reliefs sought Who executes the Certification against Forum Shopping = PLAINTIFF or PRINCIPAL PARTY signed by them and under oath A liberal interpretation is given to the rule more so where petitioner did submit a certification against forum shopping but he failed only to show proof that the signatory was authorized to do so Signing the certification when the plaintiff is a JURIDICAL ENTITY is executed by PROPERLY AUTHORIZED PERSONS o RULE 8 MANNER OF MAKING ALLEGATIONS IN PLEADINGS

Sec. 1. Every pleading shall contain in a methodical and logical form, a (a) plain, (b) concise and (c) direct statement of the ULTIMATE FACTS on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts.  if a defense relied on is based on LAW  the pertinent provisions thereof and their applicability to him shall be clearly and concisely stated Sec. 2. Alternative Causes of Action or Defenses  party may set forth 2 or more statements of a claim or defense ALTERNATIVELY or HYPOTHETICALLY either in a. One cause of action or defense b. Separate causes of action or defenses  when 2 or more statements are made in the alternative and 1 of them, if made independently, would be sufficient = pleading is not made insufficient by the insufficiency of 1 or more of the alternative statements Sec. 3. Conditions Precedent  in any pleading, a general averment of the PERFORMANCE or OCCURRENCE of ALL CONDITIONS shall be sufficient Sec. 4. Capacity  facts must be averred showing the a. Capacity of the party to sue or be sued b. Authority of a party to sue or be sued in a representative capacity c. Legal existence of an organized association of persons that is made a party  a party desiring to RAISE an ISSUE as to the legal existence of any party or the capacity of any party to sue or be sued in a representative capacity  shall do so P a g e | 10

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by SPECIFIC DENIAL, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge Sec. 5. Fraud, Mistake, Condition of the Mind  in all averments of FRAUD or MISTAKE  the circumstances constituting fraud or mistake must be stated with PARTICULARITY  MALICE, INTENT, KNOWLEDGE or other condition of the mind of a person  may be averred GENERALLY Sec. 6. Judgment  in pleading, it is sufficient to aver the judgment or decision, without setting forth matter showing jurisdiction to render it, of a judgment or decision of a a. Domestic or foreign court b. Judicial or quasi-judicial tribunal c. Of a board or officer Sec. 7. Action or Defense based on Document  SUBSTANCE of such INSTRUMENT or DOCUMENT shall be set forth in the PLEADING  ORIGINAL or a COPY thereof be ATTACHED to the pleading as an EXHIBIT  deemed to be part of the pleading, or said copy may with like effect be set forth in the pleading Sec. 8. How to Contest such Documents  GENUINENESS and DUE EXECUTION of the instrument shall be deemed ADMITTED  UNLESS adverse party, under OATH, specifically DENIES them, and sets forth what he claims to be the facts  requirement of an OATH DOES NOT APPLY a. when the adverse party does not appear to be a party to the instrument b. when compliance with an order for an inspection of the original instrument is refused Sec. 9. Official Document or Act  in pleading such, it is SUFFICIENT to aver that DOCUMENT was issued or ACT done in COMPLIANCE WITH THE LAW Sec. 10. Specific Denial  defendant must a. specify each material allegation of fact the truth of which he does NOT ADMIT 叶清蓮

b.

when practicable, set forth the substance of the matters upon which he relies to SUPPORT his DENIAL

 defendant desires to DENY only a PART of an averment  he shall specify so much of it as is TRUE and DENY only the REMAINDER  defendant WITHOUT KNOWLEDGE or information sufficient to form a belief as to the TRUTH of a material averment made in the complaint  he shall so STATE, and this shall have the EFFECT OF DENIAL NOTES:  Purpose of a Specific Denial: to make the defendant disclose the matters alleged in the complain which he succinctly intends to disprove at the trial together with the matter which he relied upon to support the denial  3 types of specific denials: 1. Absolute denial o Example: Defendant denies the truth of the allegations in par. 7 of the complaint alleging that he owes plaintiff P450k, the truth of the matter being that it is the plaintiff who owes the defendant the same amount 2. Partial denial o Example: Defendant admits the allegations in par. 5 of the complaint that plaintiff sustained injuries when his car collided with that of the defendant’s, but denies the allegation that the collision occurred through defendant’s fault 3. Denial by disavowal of knowledge o Example: D signs a promissory note in favor of P. because D failed to pay despite demand, suit was brought against him. The complaint duly pleaded the promissory note as an actionable document. D denies the alleged note by averring lack of knowledge of the note. This averment is clearly one in bad faith because it is absurd for D not to know of the note he himself signed Sec. 11. Allegations Not Specifically Denied Deemed Admitted  material averment, other than those as to the amount of unliquidated damages  deemed ADMITTED when NOT SPECIFICALLY DENIED  allegations of USURY in a complaint to recover usurious interest  deemed ADMITTED if NOT DENIED UNDER OATH Sec. 12. Striking Out of Pleading or Matter Contained Therein  COURT may ORDER any pleading to be STRICKEN OUT or that any sham or FALSE, REDUNDANT, IMMATERIAL, IMPERTINENT, SCANDALOUS MATTER be stricken out therefrom upon a. MOTION made by a party BEFORE RESPONDING to a PLEADING b. If NO RESPONSIVE PLEADING is permitted by these Rules, upon MOTION made by a party within 20 days AFTER the SERVICE of the PLEADING upon him c. Upon COURT’S OWN INITIATIVE at any time P a g e | 11

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RULE 9 EFFECT OF FAILURE TO PLEAD Sec. 1. Defenses and Objections Not Pleaded  either in a MOTION TO DISMISS or in the ANSWER = deemed WAIVED  DISMISSAL of CLAIM a. When it appears from the pleadings or the evidence on record that the COURT has NO JURISDICTION over the subject matter b. There is another action PENDING between the same parties for the same cause c. Action is BARRED by PRIOR JUDGMENT or by statute of limitations Sec. 2. Compulsory Counterclaim, or Cross-claim, not set up shall be BARRED Sec. 3. Declaration of Default  if the defending party FAILS to ANSWER within the time allowed  the COURTS shall declare the defending party in DEFAULT  upon MOTION of the claiming party with NOTICE to the defending party, and PROOF of such FAILURE  thereupon, court shall PROCEED to RENDER JUDGMENT granting the claimant such relief as his pleading may warrant, unless the court in its DISCRETION requires the claimant to submit evidence  such reception of evidence may be delegated to the clerk of court A. B. EFFECT OF ORDER OF DEFAULT – party in DEFAULT shall be entitled to NOTICE of subsequent proceedings but NOT to take part in the TRIAL RELIEF FROM ORDER OF DEFAULT – party declared in default may at ANY TIME AFTER NOTICE thereof and BEFORE JUDGMENT, file a MOTION under OATH to SET ASIDE the order of default upon proper showing that he has MERITORIOUS DEFENSE and that his failure to answer was due to 1. FRAUD 3. MISTAKE 2. ACCIDENT 4. EXCUSABLE NEGLIGENCE  in such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice C. EFFECT OF PARTIAL DEFAULT – when a pleading asserting a claim states a COMMON CAUSE OF ACTION against several defending parties, some of whom answer and the others fail to do so  court shall TRY the CASE against all upon the answers thus filed and render judgment upon the evidence presented EXTENT OF RELIEF TO BE AWARDED – judgment rendered upon a part in default  NOT EXCEED the amount or be different in kind from that PRAYED for NOR award UNLIQUIDATED DAMAGES

E.

WHERE NO DEFAULTS ALLOWED – if the defending party fails to answer in an 1. action for ANNULMENT of marriage 2. declaration of NULLITY of marriage 3. LEGAL SEPARATION  court shall order the PROSECUTING ATTORNEY to investigate whether or not a COLLUSION between the parties exists,  if there is NO COLLUSION, to INTERVENE for the State in order to see to it that the EVIDENCE submitted is not FABRICATED

NOTES:  Default is a procedural concept that occurs when the defending party fails to file his answer within the reglementary period o It does not occur from the failure of the defendant to attend either the pretrial or trial o Defendant’s non-appearance in the hearing and the failure to adduce evidence does not constitute default when an answer has been filed within the reglementary period  Requisites before a party may be declared in default: 1. There must be a MOTION to declare the defending party in default FILED by the claiming party 2. SUMMONS has been validly and previously served upon him 3. Defending party must have FAILED to file his answer within the reglementary period 4. There must be PROOF of the failure to file the answer 5. Defending party must be NOTIFIED of the motion to declare him in default 6. There must be a HEARING of the motion to declare the defendant in default    Hearing is mandatory Court has no authority to motu propio declare the defendant in default Declaration of default is not an admission of the truth or the validity of the plaintiff’s claim RULE 10 AMENDED AND SUPPLEMENTAL PLEADINGS Sec. 1. Amendments in General  Pleadings MAY be amended by a. ADDING or STRIKING OUT an ALLEGATION or the NAME of ANY PARTY b. CORRECTING a MISTAKE in the i. name of a party ii. mistaken or inadequate allegation iii. description in any other respect  so that ACTUAL MERITS of the CONTROVERSY may SPEEDILY be DETERMINED, without regard to technicalities, and in the most expeditious and inexpensive manner

D.

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Sec. 2. Amendments as a Matter of Right  party may AMEND his pleading ONCE as a matter of right at a. ANY TIME BEFORE A RESPONSIVE PLEADING is SERVED b. In the case of a REPLY  at ANY TIME within 10 days AFTER it is SERVED NOTES:  This refers to an amendment made before the trial court and not to amendments before the CA  Amendment here can be substantial and even when its effect is to correct a jurisdictional defect o However, an amendment of the complaint to correct a jurisdictional error cannot be validly done after a responsive pleading is served  After the use of this rule (amendment as a matter of right), ALL SUBSEQUENT amendments will be made with LEAVE OF COURT  Court would be in ERROR if it REFUSES to ADMIT an amended pleading when its exercise is a MATTER OF RIGHT o Such error is CORRECTIBLE by MANDAMUS because the trial court’s duty to admit an amended complaint made as a matter of right is purely MINISTERIAL  MOTION TO DISMISS is NOT a RESPONSIVE PLEADING o If a motion to dismiss is filed, an amendment to the complaint would still be a matter of right during the pendency of the motion to dismiss o Even if the motion to dismiss is granted by the court, plaintiff may still amend his complaint as a matter of right before a. dismissal becomes final b. so long as no answer has been served Sec. 3. Amendments by Leave of Court  EXCEPT as provided in the next preceding Section  SUBSTANTIAL AMENDMENTS may be made only upon LEAVE OF COURT  such LEAVE may be REFUSED if it appears to the COURT that the MOTION was made with INTENT TO DELAY  ORDERS of the court upon the matters provided in this section shall be made upon a. MOTION FILED IN COURT b. AFTER NOTICE to the adverse party c. OPPORTUNITY to be HEARD Sec. 4. Formal Amendments  may be SUMMARILY CORRECTED by the court at any stage of the action, at its INITIATIVE or on MOTION, provided NO PREJUDICES is caused thereby to the adverse party a. DEFECT in the DESGINATION of the PARTIES b. other CLERICAL or TYPOGRAPHICAL ERRORS

Sec. 5. Amendment to Conform to or Authorize Presentation of Evidence  when ISSUES NOT RAISED by the pleadings are TRIED with the EXPRESS or IMPLIED consent of the parties = shall be treated in all respects AS IF THEY HAVE BEEN RAISED in the pleadings  such AMENDMENT of the pleadings may be NECESSARY to cause them to CONFORM to the EVIDENCE  to RAISE these ISSUES may be made upon MOTION of ANY PARTY at ANY TIME, even AFTER judgment  FAILURE to AMEND does NOT AFFECT the RESULT of the trial of these issues  if EVIDENCE is OBJECTED to at the trial on the ground that it is NOT WITHIN the ISSUES made by the PLEADINGS  COURT may allow the pleadings to be AMENDED and shall do so with LIBERALITY if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby  court MAY grant a CONTINUANCE to enable the amendment to be made NOTES:  Application of this section: 1. If the complaint failed to aver the fact that certain conditions precedent were undertaken and complied with 2. Evidence not within the issues raised in the pleadings is presented by the parties during trial and was not objected to 3. To conform to evidence not objected to by the adverse party, pleadings are sought to be amended on motion of a party  A complaint which fails to state a cause of action (no cause of action exists) may be cured by evidence presented during the trial without objection thereto  This section envisions 2 situations: 1. When evidence is introduced on an issue not alleged in the pleadings and no objection was interposed by the other party 2. When evidence is offered on an issue not raised in the pleadings but an objection was interjected – court may nevertheless admit the evidence where the objecting party fails to show that the admission of the evidence would prejudice him in his defense – the court must, however, give him a continuance to enable him to meet the new situation Sec. 6. Supplemental Pleadings  upon MOTION of a party, the court MAY a. upon REASONABLE NOTICE, and b. upon such terms as are JUST  PERMIT him to SERVE a SUPPLEMENTAL PLEADING setting forth TRANSACTIONS, OCCURRENCES or EVENTS which have happened since the DATE of the PLEADING sought to be SUPPLEMENTED P a g e | 13

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 adverse party MAY PLEAD thereto within 10 days from NOTICE of the ORDER ADMITTING the SUPPLEMENTAL PLEADING NOTES:  Filing of supplemental pleadings requires LEAVE OF COURT  Court may allow the pleading only upon such terms as are just  This leave is sought by the filing of a MOTION with NOTICE to all parties  When cause of action in the supplemental complaint is different from the cause of action mentioned in the original complaint = court should NOT ADMIT the supplemental complaint  Supplemental pleading ONLY SERVES to BOLSTER or ADD SOMETHING to the primary pleading  Supplemental pleading exists side by side with the original Sec. 7. Filing of Amended Pleadings  when any pleading is amended  NEW COPY of the ENTIRE PLEADING, incorporating the AMENDMENTS, which shall be INDICATED by APPROPRIATE MARKS, shall be FILED Sec. 8. Effect of Amended Pleadings  AMENDED PLEADING SUPERSEDES the pleading that it amends  however, ADMISSIONS in SUPERSEDED PLEADINGS MAY be received in evidence against the pleader  CLAIMS or DEFENSES ALLEGED therein NOT INCORPORATED in the AMENDED PLEADING shall be deemed WAIVED NOTES:  Although the original pleading is deemed superseded by the pleading that amends it, it does not ipso facto follow that a service of new summons is required RULE 11 WHEN TO FILE RESPONSIVE PLEADINGS Time within 10 DAYS Responsive Pleading (Answer to…) Counterclaim or Cross-claim Reply Supplemental Complaint Starting Point From service From service of pleading responded to From notice of the order admitting the same, unless a diff. period is fixed by the court After service of summons, unless a diff. period is fixed by court

within 30 DAYS Before judgment

When Defendant is a Foreign Private Juridical Entity Counterclaim or Cross-claim arising after answer Omitted Counterclaim or Cross-claim

After receipt of Summons

Sec. 1. Answer to the Complaint  defendant shall FILE his ANSWER to the COMPLAINT = within 15 DAYS AFTER SERVICE OF SUMMONS, unless a different period is fixed by court Sec. 2. Answer of a Defendant Foreign Private Juridical Entity  answer shall be FILED = within 30 DAYS AFTER RECEIPT OF SUMMONS by a a. defendant = foreign private juridical entity; and b. SUMMONS is made on the GOVERNMENT OFFICIAL designated by law to receive the same Sec. 3. Answer to Amended Complaint  plaintiff FILES an AMENDED COMPLAINT as a MATTER IF RIGHT  defendant shall ANSWER the same = within 15 DAYS AFTER BEING SERVED WITH A COPY THEREOF  FILING is NOT a matter of RIGHT = within 10 DAYS FROM NOTICE OF THE ORDER ADMITTING THE SAME o an answer EARLIER FILED may serve as the answer to the amended complaint if NO NEW ANSWER is filed  this Rule shall APPLY to the ANSWER to an a. amended counterclaim b. amended cross-claim c. amended third-party complaint d. amended comapint-in0intervention Sec. 4. Answer to Counterclaim or Cross-claim  within 10 DAYS FROM SERVICE Sec. 5. Answer to Third (Fourth, etc.) –Party Complaint  governed by the SAME RULE as the Answer to the Complaint Sec. 6. Reply  may be FILED within 10 DAYS FROM SERVICE OF THE PLEADING RESPONDED TO Sec. 7. Answer to Supplemental Complaint  within 10 DAYS FROM NOTICE OF THE ORDER ADMITTING THE SAME, unless a different period is fixed by the court

within 15 DAYS

Complaint Third (Fourth, Complaint

etc.)—Party

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 an ANSWER TO THE COMPLAINT shall serve as the answer to the supplemental complaint if NO NEW ANSWER or SUPPLEMENTAL ANSWER is filed Sec. 8. Existing Counterclaim or Cross-claim  a COMPULSORY COUNTERCLAIM or a CROSS-CLAIM that a DEFENDING PARTY has at the TIME HE FILES his ANSWER shall be CONTAINED therein Sec. 9. Counterclaim or Cross-claim arising After Answer  counterclaim or cross-claim which either MATURED or was ACQUIRED by a party AFTER SERVING his PLEADING may, WITH PERMISSION OF THE COURT, be presented as a counterclaim or cross-claim by supplemental pleading before judgment Sec. 10. Omitted Counterclaim or Cross-claim  when a PLEADER FAILS to SET UP a counterclaim or cross-claim through a. oversight b. inadvertence c. excusable neglect d. when justice requires  he may, by LEAVE OF COURT, set up the counterclaim or cross-claim by AMENDMENT before judgment Sec. 11. Extension of Time to Plead  when court MAY EXTEND the time to PLEAD provided in these Rules: a. upon MOTION; and b. on SUCH TERMS as may be JUST  court may also, upon like terms, ALLOW an ANSWER or OTHER PLEADING to be filed after the time fixed by these Rules RULE 12 BILL OF PARTICULARS Sec. 1.  WHEN applied for: BEFORE RESPONDING to a PLEADING  party may MOVE for a DEFINITE STATEMENT or for a BILL OF PARTICULARS of any matter which is NOT AVERRED with sufficient definiteness or particularity  PURPOSE: to ENABLE such party to PROPERLY PREPARE his RESPONSIVE PLEADING  if the pleading is a REPLY  MOTION must be FILED within 10 DAYS FROM SERVICE thereof  such a. b. c. 叶清蓮 motion shall POINT OUT the DEFECTS complained of PARAGRAPHS wherein they are contained DETAILS desired

NOTES:  Grounds for Filing a MOTION FOR BILL OF PARTICULARS: 1. Matters in the complaint are vague or ambiguous 2. Matters in the complaint not averred with sufficient definiteness  Motion for Bill of Particulars is NOT DIRECTED ONLY TO A COMPLAINT but applies to any pleading which in the perception of the movant contains ambiguous allegation  Allegations of a complaint should make out a cause of action for Motion for Bill of Particulars to be proper, if not, it is an action for Motion to Dismiss  Purpose is to enable to movant to PREPARE HIS RESPONSIVE PLEADING and not for trial o If the purpose is for the latter, the appropriate remedy is to avail of the discovery procedures from Rules 23 to 29 and even of a pre-trial under Rule 18  Averment of the particular circumstances of FRAUD or MISTAKE may be done under motion for Bill of Particulars but not on grounds constituting malice, intent, knowledge or condition of the mind for they may be averred generally Sec. 2. Action by the Court  upon filing of the motion  clerk of court must immediately BRING it to the ATTENTION of the COURT which may either DENY or GRANT it OUTRIGHT, or allow the parties the opportunity to be HEARD Sec. 3. Compliance with Order  if MOTION is GRANTED, either in whole or in part  compliance therein must be effected within 10 DAYS FROM NOTIVE OF THE ORDER, unless a different period is fixed by the court  Bill of Particulars or a more definite statement ordered by the court may be FILED either in a SEPARATE or in an AMENDED PLEADING, serving a copy thereof on the adverse party Sec. 4. Effect of Non-Compliance  if the ORDER is NOT OBEYED or in case of INSUFFICIENT COMPLIANCE therewith  court may ORDER the STRIKING OUT of the PLEADING or the PORTIONS thereof to which the ORDER WAS DIRECTED or make such other order as it deems just Sec. 5. Stay of period to File Responsive Pleading  the moving party may FILE his RESPONSIVE PLEADING within the period to which he was entitled at the time of filing his motion, which shall NOT be LESS THAN 5 DAYS in any event, after a. Service of the bill of particulars or of a more definite pleading b. Notice of denial of his motion

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NOTES:  If the movant has less than 5 days to file his responsive pleading after service of the bill of particulars or after notice of the denial of his motion, he nevertheless has 5 days within which to file his responsive pleading Sec. 6. Bill a Part of Pleading  BILL OF PARTICULARS becomes PART of the PLEADING for which it is INTEDED RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS Sec. 1. Coverage  this Rule shall govern the a. FILING of ALL PLEADINGS and other papers b. as well as the SERVICE thereof c. EXCEPT those for which a DIFFERENT MODE of service is PRESCRIBED Sec. 2. Filing and Service, Defined  FILING = act of PRESENTING the pleading or other paper to the CLERK of court  SERVICE = act of PROVIDING a party with a COPY of the pleading or paper concerned  if any PARTY has APPEARED by COUNSEL  SERVICE UPON HIM shall be made upon his COUNSEL or ONE OF THEM, unless service upon the PARTY HIMSELF is ORDERED by the COURT  where ONE COUNSEL appears for SEVERAL PARTIES  he shall only be entitled to ONE COPY of any paper served upon him by the opposite side NOTES:  The rule is that when a PARTY is REPRESENTED by COUNSEL in an action in court, NOTICES of all kinds must be SERVED on said COUNSEL and NOTICE to HIM is NOTICE to his CLIENT  It has been held that NOTICE or SERVICE made upon a PARTY who is represented by COUNSEL = NULLITY o Notice to the client and not to his counsel is NOT notice in law unless the court orders the service upon the party or when technical defect in the manner of notice is waived Sec. 3. Manner of Filing  FILING of a. Pleadings b. Appearances c. Motions d. Notices e. Orders 叶清蓮

f. g.  shall a. b. c.

Judgments; and All other papers

be MADE by PRESENTING the ORIGINAL COPIES thereof Plainly INDICATED as such PERSONALLLY to the CLERK of court  then, the clerk of court shall ENDORSE on the pleading the DATE and HOUR of FILING; or d. sending them by REGISTERED mail  the DATE of MAILING of motions, pleadings or any other papers or payments or deposits, as shown by the POST OFFICE STAMP on the envelope or the registry receipt = the DATE of their FILING, PAYMENT, or DEPOSIT IN COURT

 the ENVELOPE shall be ATTACHED to the RECORD of the CASE Sec. 4. a. b. c. d. e. f. g. h. i. j. Papers Required to be Filed and Served every judgment resolution order pleading subsequent to the complaint written motion notice appearance demand offer of judgment similar papers

 shall be FILED and SERVED upon the PARTIES AFFECTED Sec. 5. Modes of Service a. PERSONALLY

b. by MAIL

 service of pleadings, motions, notices, orders, judgments and other papers Sec. 6. Personal Service a. Delivering personally a copy to the PARTY or his COUNSEL b. LEAVING it in his OFFICE with his CLERK or with a person having charge thereof c. LEAVING the COPY, between the hours of 8AM and 6PM, at the PARTY’S or COUNSEL’S RESIDENCE, if known, with a person of SUFFICIENT AGE and DISCRETION then residing therein, IF 1. NO PERSON is FOUND in his OFFICE 2. His OFFICE is NOT KNOWN 3. He has NO OFFICE Sec. 7. Service by Mail a. DEPOSITING the copy in the OFFICE

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b. c. d. e.

In a SEALED ENVELOPE Plainly ADDRESSED to the PARTY or his COUNSEL at his OFFICE, if known, otherwise at his RESIDENCE, if known With POSTAGE fully PRE-PAID, and With INSTRUCTIONS to the POSTMASTER to RETURN the MAIL to the SENDER AFTER 10 DAYS, if UNDELIVERED

 VIOLATION of this Rule may be CAUSE to consider the PAPER as NOT FILED NOTES:  GR: PERSONAL SERVICE of pleadings and other papers  Exception: resort to other modes of service and filing = under the DISCRETIONARY POWER of the COURT Sec. 12. Proof of Filing  proved by its EXISTENCE in the RECORD of the CASE  if it is NOT in the RECORD, but is CLAIMED to have been FILED PERSONALLY  filing shall be proved by the WRITTEN or STAMPED ACKNOWLEDGEMENT of its filing by the CLERK OF COURT on a copy of the same  if filed by REGISTERED MAIL, by the a. REGISTRY RECEIPT and by the AFFIDAVIT of the PERSON who DID the MAILING b. Containing a FULL STATEMENT of the DATE and PLACE of depositing the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after 10 days if not delivered Sec. 13. Proof of Service  PROOF of PERSONAL SERVICE a. WRITTEN ADMISSION of the party served b. OFFICIAL RETURN of the server c. AFFIDAVIT of the party serving  containing a FULL STATEMENT of the DATE, PLACE and MANNER of SERVICE  if service is by ORDINARY MAIL  AFFIDAVIT of the person mailing of facts showing compliance with Section 9 of this Rule  if service is by REGISTERED MAIL  AFFIDAVIT and the REGISTRY RECEIPT issued by the mailing office  REGISTRY RETURN CARD shall be FILED IMMEDIATELY upon its RECEIPT by the sender or in lieu thereof, the UNCLAIMED LETTER together with the CERTIFIED or SWORN COPY of the NOTICE given by the postmaster to the addressee Sec. 14. Notice of Lis Pendens  in an ACTION affecting the property  the plaintiff and the in his answer, may RECORD in province in which the property ACTION  said notice shall contain the

 if NO REGISTRY SERVICE is available in the locality of EITHER the SENDER or the ADDRESSEE  SERVICE may be done by ORDINARY MAIL Sec. 8. Substituted Service  if SERVICE CANNOT be MADE under the 2 proceeding sections a. The OFFICE and place of RESIDENCE of the party or his counsel being UNKNOWN b. SERVICE may be made by 1. DELIVERING the copy to the CLERK OF COURT 2. With PROOF of FAILURE of both personal service and service by mail  SERVICE is COMPLETE at the time of SUCH DELIVERY Sec. 9. Service of Judgments, Final Orders or Resolutions  served wither personally or by registered mail  when a PARTY SUMMONED by PUBLICATION has FAILED to APPEAR in the action, judgments, final orders, or resolutions AGAINST HIM shall be SERVED upon HIM also by PUBLICATION at the EXPENSE of the PREVAILING PARTY Sec. 10. Completeness of Service  PERSONAL SERVICE = complete upon ACTUAL DELIVERY  SERVICE by ORDINARY MAIL = complete upon the EXPIRATION of 10 DAYS AFTER MAILING, unless the court otherwise provides  SERVICE by REGISTERED MAIL = complete upon a. ACTUAL RECEIPT by the ADDRESSEE, or b. AFTER 5 DAYS from the date he received the first notice of the postmaster, whichever date is earlier Sec. 11. Priorities in Modes of Service and Filing  whenever PRACTICABLE, service and filing of pleadings and other papers shall be done PERSONALLY  EXCEPT with PAPERS EMANATING from the COURT, a RESORT to OTHER MODES must be ACCOMPANIED by a WRITTEN EXPLANATION why the service or filing was NOT DONE PERSONALLY 叶清蓮

TITLE to or the RIGHT of POSSESSION of real defendant, when AFFIRMATIVE RELIEF is claimed the OFFICE of the REGISTRY OF DEEDS of the is situated a NOTICE of the PENDENCY of the

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a. b. c.

NAMES of the parties OBJECT of the action or defense DESCRIPTION of the property in that province affected thereby

2.

If not served a. Serve a copy of return to plaintiff’s counsel b. State reasons for failure of service

 Only from the TIME OF FILING such NOTICE for RECORD shall a PURCHASER or ENCUMBRANCER of the property affected thereby, be deemed to have CONSTRUCTIVE NOTICE of the pendency of the action, and only of its pendency against the parties designated by their real names.  NOTICE of LIS PENDENS hereinabove mentioned may be CANCELLED ONLY upon ORDER of the COURT, after proper SHOWING that the NOTICE is a. for the PURPOSE of MOLESTING the adverse party b. it is NOT NECESSARY to PROTECT the RIGHTS of the party who caused it to be recorded RULE 14 SUMMONS Definition  A writ by which defendant is notified of the action against him and directs him to file an answer  A mandatory requirement imposed upon the clerk of court  Issued upon (a) filing of the complaint, and (b) payment of docket and other lawful fees Purpose  To acquire jurisdiction over the person of the defendant in an action in personam  To fulfill due process in actions in rem or quasi in rem Contents and Form 1. Directed to the Defendant 2. Signed by the clerk of court and under seal 3. Contains a. Name of the court and of the parties b. Direction to defendant to file an answer within the time fixed c. Notice that unless he answers, plaintiff will take judgment by default 4. Attachments to the original copy of the summons a. Copy of the complaint b. Copy of the order of appointment of guardian ad litem Service  Served by a. Sheriff or his deputy b. Other proper court officer c. Any suitable person authorized by court  Duties of server upon service 1. If completed a. Serve a copy of return to the plaintiff’s counsel b. Return the summons to the clerk of court c. Attached a copy of proof of service 叶清蓮

Service in Person of the Defendant Personal Service or by Registered Mail Substituted Service a. By handing a copy in person By leaving a copy to defendant’s b. By tendering it if he refuses a. Residence with a person of suitable age residing therein b. Place of business with a competent person in charge Resorted to only when personal service cannot be promptly made Service on To whom served Manner of Service Entity without juridical a. Any one of them personality b. Person in charge Prisoners Jail warden Minors and incompetent a. Personally upon him, persons and b. On his legal guardian c. If none, to his guardian ad litem Domestic corporation a. President b. Managing partner c. General manager d. Corporate secretary e. Treasurer f. In-house counsel Foreign corporation a. Resident agent a. Personal service b. If none b. Publication in the *with Leave of Court 1. Government country where found official and registered mail authorized by in the last known law address 2. Any of its c. Fax or other officers or agents electronic means found in the d. Other means directed Philippines by the court Public Corporations If RP  Solicitor General For others a. Executive head b. Other officers as the law or court may direct Unknown defendant or With leave of court whereabouts are not known Publication in a newspaper Non-resident not found Without leave of court a. Personal service in the Philippines b. Publication in the country where found P a g e | 18

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Resident not found in the Philippines

With leave of court c.

and registered mail in the last known address Other means directed by the court

Sec. 7. Motion Day  EXCEPT for motions requiring IMMEDIATE ACTION  all motions shall be SCHEDULED for hearing on a. FRIDAY AFTERNOONS, or b. if Fridays in a NON-WORKING DAY, in the AFTERNOON of the NEXT WORKING DAY Sec. 8. Omnibus Motion  subject to the provisions of RULE 9 SECTION 1  motion ATTACKING a pleading, order, judgment, or proceeding shall INCLUDE a. ALL OBJECTIONS then available, and b. All objections NOT SO INCLUDED shall be deemed WAIVED Sec. 9. Motion for Leave  a MOTION FOR LEAVE to file a pleading or motion shall be ACCOMPANIED by the PLEADING OR MOTION sought to be ADMITTED Sec. 10. Form  RULES applicable to pleadings shall APPLY to WRITTEN MOTIONS so far as concerns CAPTION, DESIGNATION, SIGNATURE and other matters of form

RULE 15 MOTIONS Sec. 1. Motion Defined  an APPLICATION FOR RELIEF other than by a pleading Sec. 2. All MOTIONS must be in WRITING EXCEPT those a. made in OPEN COURT, or b. in the course of a HEARING or TRIAL Sec. 3. Contents  a motion shall STATE a. RELIEF SOUGHT to be obtained b. GROUNDS upon which it is BASED c. shall be ACCOMPANIED BY supporting AFFIDAVITS and other papers, if required by these Rules or necessary to prove facts alleged therein Sec. 4. Hearing of Motion  EXCEPT for motions which the COURT may act upon WITHOUT PREJUDICING the rights of the adverse party  every WRITTEN MOTION shall be set for HEARING by the APPLICANT  every WRITTEN MOTION REQUIRED to be HEARD and the NOTICE of the HEARING thereof shall be A. SERVED in such as manner as to ensure its RECEIPT by the other party B. at least 3 DAYS before the date of hearing C. UNLESS the court for GOOD CAUSE sets the hearing on SHORTER NOTICE Sec. 5. Notice of Hearing a. ADDRESSED to ALL PARTIES concerned, and b. SPECIFY the TIME and DATE of hearing which must NOT be LATER THAN 10 DAYS after filing the motion Sec. 6. Proof of Service Necessary  NO WRITTEN MOTION set for hearing shall be ACTED UPON by the court WITHOUT PROOF OF SERVICE thereof

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RULE 16 MOTION TO DISMISS Grounds No jurisdiction over the person of the defendant 2. No jurisdiction over the subject matter 3. Improper venue 4. No legal capacity to sue 5. Litis pendentia There is another action pending between the same parties for same cause 6. No cause of action 7. Barred by statute of frauds 8. Barred by statute of limitations 9. Barred by laches Claim or demand has been paid, waived, abandoned or extinguished 10. Res judicata a. There is a former final judgment b. Court which rendered it has jurisdiction c. Judgment was based on the merits d. There is identity of parties, subject matter and causes of action between the 1st and 2nd actions 11. Failure to comply with condition precedent 1. Hearing of the Motion  Parties are required to submit a. Arguments for questions of law fact Effect of Dismissal Notice by Plaintiff 1. 2.

RULE 17 DISMISSAL OF ACTIONS Manner Filing of a Notice of Dismissal Any time before a. Service of answer b. Motion for summary judgment c. If both not applicable, before introduction of evidence After responsive pleading Must be approved by the court, and Upon such terms and conditions as court deems proper Effect Without prejudice except a. Notice operates as an adjudication on merits b. 2-Dismissal rule

Motion of Plaintiff Complaint cannot be refiled if motion is granted

1. 2. 3.

Counterclaim shall not be dismissed Without prejudice to prosecute counterclaim in a separate action unless he manifests that he wants it resolved in the same action (15 days) Without prejudice to prosecute counterclaim Dismissal serves as an adjudication on the merits

Fault of Plaintiff

Upon 1. Court’s own motion 2. Motion of the defendant Without justifiable cause, Plaintiff fails to 1. Appear during direct examination 2. Prosecute for an unreasonable length of time 3. Comply with these Rules or order of the court

b. Evidence for questions of

Resolution of the Motion a. Dismissal of the complaint (Motion is Granted) o Remedy of Plaintiff 1. Refile, if applicable 2. Appeal 3. Petition for certiorari b. Denial of the motion o Remedy of Defendant  File an answer within the balance of the period but in no case shall be less than 5 days from receipt of notice of denial c. Order an amendment

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RULE 18 PRE-TRIAL How Conducted 1. Called or set for at the instance of the plaintiff 2. Upon ex parte motion (within 5 days after the last pleading) 3. After the last pleading has been served and filed Purpose  It is mandatory for the court to consider a. Possibility of amicable settlement or submission to alternative modes of dispute resolution b. Simplification of issues c. Amendments to pleadings d. Obtaining stipulations or admissions of fact and of documents e. Limitation of number of witnesses f. Preliminary reference to a Commissioner g. Proprietary of rendering 1. judgment on the pleadings 2. summary judgment 3. dismissal of action h. Suspension of proceedings Service of Notice of Pre-trial a. Counsel, or b. Party who has no counsel

4. 5. 6.

Documents to be presented and its purpose Manifestation of availment of discovery procedures or referral to commissioners Number and names of witnesses and substance of their testimonies

Pre-Trial Order 1. Recite in details the a. Matters taken up in the conference b. Actions taken c. Amendments allowed d. Agreements or admissions made 2. Define and limit the issues to be tried at trial CALL for Pre-Trial  Filing of Pre-trial Briefs  Setting of Dates 2. Preliminary Conference before the Clerk of Court a. Most important witness Rule b. 1 day examination of witness Rule 3. Mediator o Refer to mediation unit for 30 days 4. Proper Pre-trial o Issuance of Pre-Trial Order

Appearance of Parties  GR: Mandatory  Exception: non-appearance is excused when a. Valid cause is shown, and b. Representative appeared in his behalf who is fully authorized in writing to (SPA or Board Resolution) 1. Enter into amicable settlement 2. Submit to AMDR, and 3. Enter stipulations or admissions of fact and documents  Effect of Failure to Appear: 1. Plaintiff  Dismissal of action with prejudice o Remedy: Appeal the order of Dismissal 2. Defendant  Plaintiff is allowed to present evidence ex parte and court renders judgment by default o Remedy: Motion to Lift  MR  Petition for certiorari Pre-Trial Brief  Filed with court and serve on the adverse party ensuring receipt at least 3 days before the date of pre-trial  Failure to file = Failure to appear at pre-trial  Contents: 1. Statement of willingness to enter into amicable settlement or AMDR with the indication of the desired terms 2. Summary of admitted facts and proposed stipulation of facts 3. Issues to be tried or resolved 叶清蓮

RULE 19 INTERVENTION Requisites 1. Motion for Intervention is filed before rendition of judgment o If after rendition of judgment, proper remedy of the movant is to file a separate action unless he is an indispensable party but not if the judgment is already final and executory 2. With Leave of Court 3. Movant must show that he has a. Legal interest in the 1. Matter in litigation 2. Success of either parties 3. Against both parties b. Situated as to be adversely affected by distribution or disposition of property in custody of the court 4. Intervention must a. Not unduly delay or prejudice the rights of original parties, and b. Intervenor’s rights may not be fully protected in separate proceeding

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RULE 21 SUBPOENA Kinds Subpoena ad testificandum Requiring a person to attend and testify at a. Hearing or trial b. Investigation c. Taking of his deposition 1. State the a. Name of the court b. Title of the action or investigation Directed to the person whose attendance is required Witness is not bound by the subpoena a. Witness resides more than 100km b. Witness is disqualified by reason of 1. mental capacity 2. marriage 3. privileged communication Witness fees and kilometrage were not tendered Subpoena duces tecum Requiring a person to attend, testify and produce (bring with him) a. Books b. Documents c. Other things under his control 3. Reasonable description of documents demanded RULE 23 DEPOSITIONS PENDING ACTION 1. 2. Taking of the testimony of any person At the instance of a party to the action

RULE 23 DEPOSITIONS PENDING ACTION RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL Who may apply? A person who desires to perpetuate a. His own testimony, or b. That of another person How taken: 1. Upon verified petition 2. In the court of place of residence of any expected adverse party RULE 25 INTERROGATORIES TO PARTIES 1. Eliciting material and relevant facts from any of the parties

Form and Contents

2. Quashal (when subpoena has already been served) Opposition (when subpoena is still being applied) 1.

3. 4.

2.

Upon motion At or before the time specified therein if a. Unreasonable and oppressive b. Relevancy of books does not appear c. Failure to advance reasonable cost of the production d. Witness fees and kilometrage were not tendered

How taken: 1. By leave of court a. Before answer has been served b. After jurisdiction over the defendant or property has been obtained c. Person is confined in prison 2. Without leave of court  after answer has been served Scope of Examination: Any relevant matter not privileged

Same with Rule 23

Subpoena is issued by 1. Court before whom he is required to attend 2. Court of place where deposition is to be taken 3. Officer or body authorized by law to do so in connection with investigation 4. Any justice of SC or CA in any case pending in the Philippines Subpoena against a Prisoner a. Allowed only for valid purpose b. Must be authorized by SC if such prisoner is sentenced with 1. Death 2. Reclusion perpetua 3. Life imprisonment c. If purpose is for taking of deposition, it must be made with leave of court Failure to Comply with a Subpoena 1. Issuance of bench warrant against the person subpoenaed 2. Further failure to comply without adequate cause, cite the person subpoenaed in indirect contempt Manner of Service (Subpeona) = Manner of Service of Personal or Substituted Summons 叶清蓮

Motion for Deposition pending appeal shall state a. Names and addresses of persons to be examined b. Substance of their testimony Reason for perpetuating their testimony Answer to interrogatories shall be given within 15 days in writing and signed and sworn to by deponent Effect of failure to answer: a. Dismissal of complaint b. Judgment by default P a g e | 22

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To whom served: Each person named in the petition When served: At least 20 days before date of hearing

To whom service is effected: a. Individuals  upon him b. Juridical persons  any of its officers competent to testify Effect of Failure to Serve: Party not served may not be compelled to a. Give testimony in open court b. Give deposition pending appeal Except: a. For good cause shown b. Prevention of failure of justice

Commission v. Letters Rogatory Commission Without leave of court An appointment Local law will apply Procedure 1. 2. 3. 4. Oral Deposition Give notice in writing to every party State the time and place for taking the deposition State name and addresses of each person to be examined On motion of any party upon whom notice is served, court may for cause shown enlarge or shorten the time

Letters Rogatory With leave of court A communication from one judicial authority to another Foreign law will apply

1. 2. 3. 4. 5. 6.

Use of Deposition: 1. Against any party who was present or represented at the taking of deposition Against any person who had due notice of deposition Purposes on which deposition may be used: 1. Contradicting or impeaching testimony of deponent as witness 2. Any purpose where deponent is a party, officer of a corporation which is a party 3. Where court finds that witness is a. dead b. resides more than 100km or is out of the Philippines c. unable to attend due to age, sickness, infirmity or imprisonment d. party offering the deposition was unable to procure the attendance of witness by subpoena e. exceptional circumstances Person whom Depositions are Taken Within the Philippines Outside the Philippines a. Any judge a. Secretary of Embassy or legation b. Notary public b. Consul general c. Consul d. Vice-consul e. Consular agent of Philippines f. Person as may be appointed by Commission or under letters of rogatory Any person authorized to administer oaths if parties so stipulate in writing

Written Interrogatories Notice served to every party State name and address of person who is to answer State name or descriptive title and address of officer before whom deposition is to be taken Within 10 days, party served may serve cross-interrogatories Within 5 days, service of re-direct interrogatories Within 3 days, party may recross interrogatories

Orders of protection that the court may provide 1. Deposition not be taken 2. Deposition be taken only at some designated place 3. Deposition may be taken only on written interrogatories 4. Certain matters be not inquired into 5. Held with no on present except parties to the action and their officers or counsel 6. Deposition be opened only be court order after it has been sealed 7. Secret processes, development or research need not be disclosed 8. Other orders which justice requires as to protect the party from annoyance, embarrassment or oppression Signing of Deposition  GR: signed by the deponent  Exceptions: a. He has waived it b. He is ill c. Cannot be found d. Refuses to sign Failure to attend by the party giving notice of the taking of deposition  Liable to pay for reasonable expenses incurred including reasonable attorney’s fees

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Kinds of Objections As to Notice As to Disqualification of Officer Waived √ √ Unless Written objection is promptly served a. Made before taking of the deposition beings b. As soon as such becomes known c. As soon as such could be discovered with reasonable diligence The ground is one which may have been obviated or removed if presented at time Reasonable objection thereto is made at the taking of the deposition Served in writing upon the party propounding then within time allowed for serving succeeding cross or other interrogatories and within 3 days after service of the last interrogatories authorized Motion to suppress is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained

RULE 26 ADMISSION BY ADVERSE PARTY Applied for at any time after issues have been joined

RULE 27 PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS Upon motion of any party for good cause

RULE 28 PHYSICAL AND MENTAL EXAMINATION OF PERSONS Applies only to parties of the action and not to witnesses Applicable to actions where mental or physical condition of a party is in controversy How made: 1. Order of examination must be made on motion for good cause shown or motu propio, and 2. Upon notice to the party to be examined 3. Specify time, place, manner, conditions and scope of examination and person by whom it is to be made Report of findings: If party examined requested a copy of written report of examination, the party causing the examination shall be entitled to receive from party examined such like report previously or thereafter made If party examined refuses to deliver such report, court may order such delivery If physician fails or refuses to make such report, his testimony offered in the trial may be excluded

As to Competency or Relevancy of Evidence As to Oral Examination and other particulars As to Form of Written Interrogatories

× √ √

As to Manner Preparation

of

Notes:  Depositions are divisible  Substitution of parties does not affect the right to use depositions previously taken  Objections in Rule 25 may be presented within 10 days after service of interrogatories o Answer shall be deferred until objections are resolved

How made: 1. Party files and serves upon other party such written request for admission of a. Genuineness of documents b. Truthfulness of matter of fact set forth in the request 2. Copies of documents shall be attached to the request Reply to such request = Sworn statement If no sworn statement, matters in the request will be deemed admitted Except when he denied specifically the matters therein

Duty of court: 1. Order any party to produce and permit the inspection and copying or photographing of documents, not privileged, in his possession, custody or control 2. Order any party to permit entry upon designated land or other property in his possession Not automatically considered as one’s evidence A witness must be called to testify on it and formally offer such as evidence

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Withdrawal or amendment of admission: By filing a motion to be relieved of the effects of his admission

RULE 30 TRIAL Entry of case in trial calendar Clerk of court shall Ensuring its receipt within 5 days before date of trial Notify parties of the date of trial TRIAL Adjournment 1. Day to day or any stated time 2. Cannot adjourn for a longer period than 1 month for each adjournment nor more than 3 months in all except when authorized Postponement (grounds) 1. Absence of evidence a. Upon motion for postponement filed b. Supported by affidavits showing i. Materiality or relevance of such evidence ii. Due diligence has been used to procure it o When no postponement allowed, party admits the facts to be given in evidence, even if he objects or reserves the right to their admissibility 2. Illness of either party or counsel a. Upon motion for postponement filed b. Supported by affidavits showing i. Presence of party or counsel is indispensable ii. Character of illness such as to render his non-attendance excusable Issues in trial shall be limited to Pre-trial order Reception of Evidence A. Personally received by the judge of the court where case is pending B. Delegated to its clerk of court who is a member of the bar on 1. Default or ex parte hearings 2. Where parties agree in writing Submission for Judgment A. Upon admission of evidence o Except when court directs the parties to 3. Argue, or 4. Submit their respective memoranda or other pleadings B. Without introduction of evidence 1. Parties agree in writing upon facts involved in the litigation 2. If agreed only on some facts in issue, trial shall be held as to disputed facts

RULE 29 REFUSAL TO COMPLY WITH MODES OF DISCOVERY Sanctions 1. Refusal to answer any question on oral examination 2. 3. Continued refusal after directed by the court Refusal to a. Answer designated questions b. Produce a thing for inspection or permit entry upon property c. Submit to physical or mental examination Compel to answer If still refused, pay reasonable expenses including attorney’s fees Contempt a. b. c. d. e. f. 4. 5. Failure to appear for purpose of taking his deposition Failure to serve answers to interrogatories a. b. c. d. Facts will be established Prohibiting from presenting evidence Dismissal of action Judgment by default Pay reasonable expenses including attorney’s fees Arrest except when based on physical or mental examination Strike out all or any part of pleading of that party Dismissal of action Enter judgment by default Pay reasonable expenses including attorney’s fees a. b.

A.

B.

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RULE 31 CONSOLIDATION OR SEVERANCE When applicable 1. Actions involving a common question of law or fact 2. Pending before a court RULE 32 TRIAL BY COMMISSIONER Commissioner 1. A person appointed as such by the parties or by the court 2. To whom a pending case is referred to for a. Taking of testimony b. Hearing of the parties GR: not mandatory Exceptions: a. Expropriation b. Partition c. Settlement of estate of a deceased person d. Submission of accounting by executors or administrators Reference to a Commissioner must be consented by both parties If parties do not consent, court, by application of either party or motu propio, may still direct a reference to a Commissioner on a. Examination of long accounts b. Taking of an account is necessary for carrying a judgment c. Question of fact arises outside of pleadings Before an appointed Commissioner can act, clerk shall furnish him with a copy of the Order of Reference After receipt of the Order of Reference, Commissioner shall a. Set the first meeting of the parties and their counsel b. Within 10 days from date of the Order c. Notify the parties of such Failure to appear a. Proceed ex parte, or b. Adjourn to a future day with notice to the absent party Powers of the Commissioner: a. Regulate the proceedings before him b. Do all acts and take all measures necessary or proper for the efficient performance of his duties c. Swear witnesses d. Issue subpoenas e. Rule on admissibility of evidence unless otherwise provided Duties of Commissioner upon Completion of Hearing before him: a. File his Report, in writing, with the court 叶清蓮

b. c. d. Actions a. b. c.

Clerk shall notify the parties of the filing of the Report Parties shall be given 10 days to object to the findings of the Report After lapse of 10 days, the Report shall be set for hearing the court may take upon hearing of the Report: (issue an order) Adopting, modifying, or rejecting report in whole or in part Recommitting it with instructions Requiring the parties to present further evidence before Commissioner or the court

the

RULE 33 DEMURRER TO EVIDENCE Made after the plaintiff has rested its case – after evidence is finally offered Without need of leave of court Sole ground: Plaintiff is not entitled to the relief sought Effect of denial: 1. Defendant may present his evidence 2. Defendant may file MR 3. Petition for certiorari Effect of granting of demurrer to evidence: 1. Complaint may not be re-filed 2. Appeal the order of dismissal 3. On appeal, if the motion is reversed, defendant loses his right to present evidence RULE 34 JUDGMENT ON PLEADINGS When applicable 1. Answer fails to tender an issue 2. Answer admits the material allegations of the adverse party’s pleading o Exception: where alleged material facts in the complaint must always be proven a. Declaration of nullity b. Annulment of marriage c. Legal separation How availed  Upon motion of that party

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RULE 35 SUMMARY JUDGMENT When applicable  Where the court finds that there is no genuine issue as to any material fact except as to the amount of damages, and that the party is entitled to a judgment as a matter of law How applied a. Upon motion filed after issues has been joined 1. Plaintiff  after answer is filed 2. Defendant  any time while action is pending b. Motion shall be served at least 10 days before time specified for hearing c. Adverse party may serve opposing affidavits at least 3 days before hearing Bases of Summary Judgment 1. Affidavits made on personal knowledge o If affidavits are presented in a. Bad faith b. Solely for the purposes of delay o Court may order the offending party or counsel to pay reasonable expenses including attorney’s fees and further be held in contempt 2. Depositions of the adverse party 3. Admissions 4. Answers to interrogatories Kinds of Summary Judgment 1. Whole 2. Partial

RULE 36 JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF Requisites of a valid judgment 1. Court is clothed with authority to hear and determine the matter before it 2. Court has jurisdiction over the parties and the subject matter 3. Parties must have been given an opportunity to adduce evidence 4. Evidence must have been considered by the tribunal 5. Judgment is in writing, personally and directly prepared by the judge 6. State clearly the facts and the law on which it is based 7. Signed by the judge and filed with the clerk of court Entry of Judgment  Entered in the book of entries of judgments by the clerk of court where there is no appeal or MNT or MR filed o Issued after the lapse of reglementary period to appeal  Date of finality = Date of its entry  The record shall contain a. Dispositive part of the judgment b. Signed by the clerk c. Accompanied by certificate that such has become final and executory Separate Judgment Several claims for relief presented in a single action Judgment will terminate the action with respect to that claim and the action shall proceed as to remaining claims Several Judgment Rendered against one or more defendants but not against all, leaving the action to proceed against the others Proper when liability of each party is clearly separable and distinct from that of his co-parties

Immutability of Judgments  Judgment rendered that has attained finality can no longer be disturbed Exceptions to the Rule of Immutability 1. Correction of clerical errors 2. Nunc pro tunc entries which cause no prejudice to any party – judgment which does not speak of the truth 3. Circumstances transpire after decision rendering its execution unjust and inequitable 4. Special and exceptional circumstances which render the execution impossible or unjust 5. Void judgments

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RULE 37 NEW TRIAL OR RECONSIDERATION MNT MR Filed within the period for taking an appeal = 15 days after notice of the judgment Grounds: Grounds: 1. Fraud, Accident, Mistake, 1. Damages awarded are Excusable negligence excessive 2. Newly Discovered Evidence 2. Evidence is insufficient to a. Could not have been justify the decision discovered or produced 3. Decision is contrary to law during trial b. Sought for reasonable diligence c. If presented, would probably alter the result Prohibited in cases covered by a. Rule on Summary Procedure b. Rule of Procedure for Small Claims Filing will interrupt the period to file an appeal No motion for extension to file shall be allowed Resolution of motion shall be made within 30 days from the time it is submitted for resolution Proof: Proof: 1. Supported by affidavit of 1. Specifically point out findings merits which are not supported by 2. Supported by affidavit of the evidence or contrary to witnesses law 2. Make reference to testimonial or documentary evidence or provisions of law alleged to be contrary to such findings Pro forma motion: a. Does not satisfy the requirements of the rule b. Treated as motion intended to delay proceedings Effects of granting of MNT: Effect of granting of MR: a. Original judgment shall be Amendment of such judgment vacated b. Action shall stand for trial de novo c. Recorded evidence shall be used at the new trial Partial grant is allowed Effect of Denial: It will give the movant ―fresh period‖ of 15 days from receipt or notice of order denying or dismissing it within which to file a notice of appeal 2nd MNT may be filed based on a ground No 2nd MR is allowed not existing nor available when 1st motion was made 叶清蓮

RULE 38 RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS Grounds: 1. Judgment is entered against petitioner through FAME 2. Petitioner has been prevented from taking an appeal by FAME Where Filed: Petition for Relief is file in court where judgment is entered Prayer: Judgment be set aside Appeal course be given due

Form and Procedure of Petition for Relief 1. Verified and filed within 60 days after petitioner learns of the judgment and not more than 6 months after such judgment was entered 2. Accompanied with affidavits showing FAME 3. Facts constituting the petitioner’s good and substantial cause of action or defense 4. If it is sufficient in form and substance, court shall issue an order requiring the adverse party to answer within 15 days from receipt thereof 5. Granting of preliminary injunction may be made to preserve the rights of the parties 6. Actions of the court a. Set aside the judgment if it finds that the allegations are true o Proceed to hear the case as if a timely MR or MNT was granted b. If the ground is that he was prevented from filing an appeal is true i. Set aside the previous denial of appeal ii. Give due course to the appeal iii. Elevate the records of the appealed case as if a timely appeal has been made c. Dismissal of the petition

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RULE 39 EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS As a Matter of Right Discretionary Execution Applicable on 1. Execution pending appeal 2. Execution of several, separate or partial judgments 1. On motion of the prevailing party 2. With notice to the adverse party 3. Filed in the trial court while it has jurisdiction over the case and is in possession of the records 4. Order the execution of judgment even before expiration of the period to appeal for good reasons 5. After trial court has lost jurisdiction, it may be filed in the appellate court Award for actual and compensatory damages may be ordered executed pending appeal, but not moral and exemplary damages This is not applicable registration proceedings in land

Contents of Writ of Execution 1. Issued in the name of the Republic of the Philippines 2. State the name of the court which granted the motion 3. Case number 4. Dispositive portion of the judgment 5. Require the sheriff to enforce the writ according to its terms 6. Lifetime of writ is for 5 years from entry of judgment Execution in case of Death of a Party 1. Death of judgment obligee  applied by his executor or administrator or successor in interest 2. Death of judgment obligor  a. against his executor or administrator or successor in interest for recovery of real or personal property or enforcement of lien b. after execution is actually levied upon any of his property, same be sold for the satisfaction of judgment obligation and officer making the sale shall account to the corresponding executor or administrator for any surplus in his hands Execution of judgments for Money 1. Immediate payment on demand a. Payment in cash or certified bank check b. Payable to judgment obligee c. Made to him or his representative, or if not present, to sheriff, or if not practicable, to a fiduciary account 2. Satisfaction by levy a. Levy properties of obligor not otherwise exempt from execution b. Obligor can choose which property to be levied c. If not exercised, levy personal properties first Execution of judgments for Specific Act 1. Conveyance, delivery of deeds, or other specific acts 2. Sale of real or personal property 3. Delivery or restitution of real property a. Officer will demand to peacefully vacate the property b. Within 3 working days, and c. Restore such to the obligee 4. Removal of improvements on property subject of execution a. With special order of the court b. Issued upon motion c. After obligor failed to remove the same Execution of Special Judgment Complied with only by the judgment obligor himself Contempt can take place upon disobedience or non-compliance

1. 2. 3. 4.

On motion for execution filed Upon judgment that disposes of the action Upon expiration of the period to appeal If no appeal has been duly perfected

If appeal has been duly perfected a. Applied for in the court of origin b. Upon motion of the judgment obligee c. Submitting certified true copies of the judgment sought to be enforce and of the entry thereof d. With notice to adverse party Execution is stayed when appeal is perfected in due time Except: Immediately executory: where judgments are not stayed by appeal a. Injunction c. Accounting b. Receivership d. Support Modes of execution of a final and executory judgment: a. By motion sought within 5 years from date of entry b. By independent action if the 5year period has elapsed and before it is barred by statute of limitations (10 years) – Revival of judgment Where 5-year period is interrupted: a. Agreed by parties b. Delays in execution caused by actions of judgment debtor or incurred for his benefit

To stay the execution pending appeal, a bond is needed with notice to the surety

Remedy when judgment under this is reversed or annulled: Trial court may, on motion, issue order of restitution or reparation of damages

Where 5-year period does not apply: a. Land registration and cadastral cases b. Judgments for support

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then properties 3.

real

Garnishment of debts and credits a. Levy of properties of the obligor in the hands of 3rd persons b. With notice to such 3rd persons

Order of demolition could be issued after the 5-year period 5. Delivery of personal property a. Officer shall take possession therefore b. Deliver it to judgment obligee

Quashal of the Writ of Execution 1. Writ varies the judgment 2. There has been a change in situation of the parties making execution inequitable or unjust 3. Execution is sought to be enforced against property exempt from execution 4. It appears that controversy has never been submitted to the judgment of the court 5. Terms of the judgment are not clear 6. It is improvidently issued 7. It is defective in substance or issued against the wrong party Notice of Sale of Personal Property Notice of Sale of Real Property Perishable property 1. Less than or equal to P50k a. Notice is posted in 3 public a. Posted in 3 public places places b. For 20 days b. For such time as may be 2. More than P50k reasonable a. Publication once a week 2. Other personal property b. For 2 consecutive weeks a. Notice is posted in 3 public c. Notice posted in 3 public places places b. For not less than 5 days d. For 20 days Written notice shall be given to the judgment obligor at least 3 days before the sale Purchased a property capable of Certificate of sale must be issued manual delivery containing: a. Pays the purchase price a. Particular description of the b. Officer must deliver the property property sold c. If desired, execute and deliver a b. Price paid for each distinct lot certificate of sale c. Whole price paid d. Statement that the right of Purchased a property not capable of redemption expires 1 year from manual delivery date of registration of certificate a. Pay purchase price of sale b. Officer must execute and deliver e. Certificate be registered in certificate of sale registry of deeds where property is situated 1.

Proceedings where property levied is claimed by 3rd persons Purpose: When to File: Procedure: 1. To recover property Any time so long as the 1. 3rd party make an levied on by sheriff a. sheriff has affidavit of his title 2. Hold sheriff liable for possession of the or right of possession damages for taking property, or 2. Serve such affidavit or keeping such b. before property is upon the sheriff and property sold under a copy to the execution judgment obligee Remedy of Creditor: Remedy of 3rd party: 1. File a bond to 1. Vindicate his claim in indemnify the 3rd a separate action party 2. File a separate a. Bond should not action for damages be less than the against the sheriff value of -- if no bond is filed property 3. File a claim for b. If filed, sheriff damages against the shall not be bond liable -- must be made 2. File a claim for within 120 days from damages against the filing of bond 3rd party Who may Redeem Real Property? Judgment Debtor Redemptioneer a. Judgment obligor One who has a lien by virtue of another b. His successor in interest attachment, judgment or mortgage, subsequent to the lien under which property was sold Within 1 year from date of registration of certificate of sale Once he redeems, no further Within 60 days from last redemption by redemption is allowed another redemptioneer but should be within the 1 year redemption period Entry of Satisfaction of Judgment 1. Upon return of execution is satisfied 2. Upon filing of admission of satisfaction by creditor 3. Upon indorsement of such admission 4. Upon order of the court Domestic Judgment or Final order Against a specific thing Probate of a will or administration of estate of deceased person Personal, political, or legal condition or status of a particular person Same action, claim or demand Another action between same parties Effect: Conclusive as to The title of the thing Will or administration Condition, status, or relationship of the person Res judicata Conclusiveness of judgment P a g e | 30

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Effect of Foreign Judgments or Final Orders 1. Conclusive as to title to the thing 2. Presumptive evidence of a right between parties and their successors in interest by a subsequent title

Sec. 3. How to appeal. The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal. A record on appeal shall be required only in special proceedings and in other cases of multiple or separate appeals. The form and contents of the record on appeal shall be as provided in section 6, Rule 41. Copies of the notice of appeal, and the record on appeal where required, shall be served on the adverse party.  Filing of notice of appeal – indicating a. Parties b. Judgment or final order or part thereof appealed from c. Material dates showing the timeliness of appeal Where filed: court that rendered the judgment or final order When record on appeal is required: a. Special proceedings b. Multiple or separate appeals Copies of notice of appeal and record of appeal, where required, shall be served on the adverse party

RULE 40 APPEAL FROM MTC TO RTC Sec. 1. Where to appeal. An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee.    Appeal of a judgment or final order of MTC  RTC Title of the case shall remain the same Parties shall be referred to as appellant and appellee

  

Sec. 2. When to appeal. An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days after notice of the judgment or final order. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.    Time to appeal: 15 days after notice to the appellant of the judgment or final order Time for record on appeal: 30 days after notice of the final judgment or order o What is needed: filing of notice of appeal and record of appeal Interruption: where there is a timely MNT or MR o No motion for extension of time to file MNT or MR shall be allowed

Sec. 4. Perfection of appeal; effect thereof. The perfection of the appeal and the effect thereof shall be governed by the provisions of section 9, Rule 41.

Sec. 5. Appellate court docket and other lawful fees. Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket and other lawful fees. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal, as the case may be.   Payment of docket and other lawful fees shall be made to the clerk of court which rendered the judgment or final order Documents to be transmitted to the appellate court: a. Proof of payment of docket and other lawful fees b. Original record or the record on appeal c. Transcripts and exhibits

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Sec. 6. Duty of the clerk of court. Within fifteen (15) days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and exhibits, which he shall certify as complete, to the proper Regional Trial Court. A copy of his letter of transmittal of the records to the appellate court shall be furnished the parties.   Transmittal of documents [mentioned above] shall be made within 15 days from the perfection of appeal o Done by the clerk of court which he shall certify as complete A copy of the transmittal of records shall be furnished to parties

Sec. 8. Appeal from orders dismissing case without trial; lack of jurisdiction. If an appeal is taken from an order of the lower court dismissing the case without a trial on the merits, the Regional Trial Court may affirm or reverse it, as the case may be. In case of affirmance and the ground of dismissal is lack of jurisdiction over the subject matter, the Regional Trial Court, if it has jurisdiction thereover, shall try the case on the merits as if the case was originally filed with it. In case of reversal, the case shall be remanded for further proceedings. If the case was tried on the merits by the lower court without jurisdiction over the subject matter, the Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof, but shall decide the case in accordance with the preceding section, without prejudice to the admission of amended pleadings and additional evidence in the interest of justice.  If the appeal is taken from an order of the lower court a. Dismissing the case without a trial on merits, on the ground of lack of jurisdiction over the subject matter  RTC may affirm or reverse it 1. if it affirmed, may try the case on the merits as if it was originally filed with it 2. if it reversed, case shall be remanded for further proceedings b. Case was tried on the merits by the lower court without jurisdiction over the subject matter  RTC shall not dismiss the case if it has original jurisdiction o It shall decide the case without prejudice to the admission of amended pleadings and additional evidence in the interest of justice

Sec. 7. Procedure in the Regional Trial Court. (a) upon receipt of the complete record or the record on appeal, the clerk of court of the Regional Trial Court shall notify the parties of such fact. (b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of t he appellant’s memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal. (c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do so, the case shall be considered submitted for decision. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed.   Parties shall be notified of the fact of receipt of records o Made by the clerk of court of RTC 15 days from such notice a. Appellant shall submit a memorandum briefly discussing the errors imputed to the lower court b. A copy of such memorandum shall be furnished by the appellant to the adverse party 15 days from receipt of appellant’s memorandum  appellee shall file his memorandum o Failure to file by the appellant shall be a ground for dismissal of the appeal When shall the case be considered submitted for decision: a. Upon filing of appellee’s memorandum, or b. Expiration of period to do so

Sec. 9. Applicability of Rule 41. The other provisions of Rule 41 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this Rule.

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RULE 41 APPEAL FROM THE RTC Section 1. Subject of appeal. An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable. No appeal may be taken from: 1. An order denying a petition for relief or any similar motion seeking relief from judgment; 2. An interlocutory order; 3. An order disallowing or dismissing an appeal; 4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent; 5. An order of execution; 6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and 7. An order dismissing an action without prejudice. In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as provided in Rule 65. 

Sec. 2. Modes of appeal. (a) Ordinary appeal.- The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or these Rules so require. In such cases, the record on appeal shall be filed and served in like manner. (b) Petition for review.- The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42. (c) Appeal by certiorari.- In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45. Modes of Appeal: 1. Ordinary Appeal – RTC (original jurisdiction)  CA o How made: a. by filing a notice of appeal b. serving a copy upon the adverse party o Where filed: court which rendered the judgment or final order appealed from o Record on appeal is available same as what was mentioned in Rule 40 2. Petition for Review – RTC (appellate jurisdiction)  CA 3. Appeal by certiorari – all cases where only questions of law are raised or involed o Appeal shall be to the SC by petition for review on certiorari in accordance with Rule 45

Sec. 3. Period of ordinary appeal. The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.  Same with Rule 40, Section 2

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Sec. 4. Appellate court docket and other lawful fees. Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal.  Same with Rule 40, Section 5

If an issue of fact is raised, the record on appeal shall include by reference all evidence, testimonial and documentary taken upon the issue involved o The reference shall specify a. Documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing b. Testimonial evidence by the names of the corresponding witnesses o If what is to be include is the entire testimonial and documentary evidence, statement to that effect will be sufficient Every record on appeal exceeding 20 pages must contain a subject index

Sec. 5. Notice of appeal. The notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the court to which the appeal is being taken, and state the material dates showing the timeliness of the appeal.  Same with Rule 40, Section 3 o Addition: specify the court which the appeal is being taken

Sec. 7. Approval of record on appeal. Upon the filing of the record on appeal for approval and if no objection is filed by the appellee within five (5) days from receipt of a copy thereof, the trial court may approve it as presented or upon its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appeal. If the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such extension thereof as may be granted, or if no time is fixed by the order within ten (10) days from receipt thereof, shall redraft the record by including therein, in their proper chronological sequence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draft.    How record on appeal is approved: a. Motu proprio b. At the instance of the appellee When record on appeal is approved: o If there is no objection filed by the appellee within 5 days from receipt of a copy thereof Effects of approval of the record on appeal: a. Court may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved b. Appellant shall 1. Redraft the record by including, in chronological sequence, such additional matters as the court may have directed 2. Submit the redrafted record for approval upon notice to the appellee When amendment may be made: a. Within the time limited in the order b. Within such extension as may be granted c. If no time is fixed, within 10 days from receipt of the order

Sec. 6. Record on appeal; form and contents thereof. The full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is taken and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved, together with such data as will show that the appeal was perfected on time. If an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involved. The reference shall specify the documentary evidence by the exhibit numbers or letters by which it was identified when admitted or offered at the hearing, and the testimonial evidence by the names of the corresponding witnesses. If the whole testimonial and documentary evidence in the case is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of exhibits. Every record on appeal exceeding twenty (20) pages must contain a subject index.  Contents of the Record on Appeal: a. Full names of all parties stated in the caption b. Judgment or final order from which appeal is taken c. In chronological order 1. Copies of such pleadings, petitions, motions and all interlocutory orders as are related to the appeal judgment of final order for the understanding of the issue involved 2. Data which will show that the appeal was perfected on time

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Sec. 8. Joint record on appeal. Sec. 10. Duty of clerk of court of the lower court upon perfection of appeal. Where both parties are appellants, they may file a joint record on appeal within the time fixed by section 3 of this Rule, or that fixed by the court. Within thirty (30) days after perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court: (a) To verify the correctness of the original record or the record on appeal, as the case may be, and to make a certification of its correctness; (b) To verify the completeness of the records that will be transmitted to the appellate court; (c) If found to be incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the court may exercise for this purpose; and (d) To transmit the records to the appellate court. If the efforts to complete the records fail, he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non-transmittal, and the steps taken or that could be taken to have them available. The clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court.

Sec. 9. Perfection of appeal; effect thereof. A party’s appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time. A party’s appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time. In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the expiration of the time to appeal of the other parties. In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal.  Perfection of Appeal: Notice of Appeal perfected as to him upon the filing of the notice of appeal in due time Record on Appeal perfected as to him with respect to the subject matter upon the approval of the record on appeal Court loses jurisdiction over the case Court loses jurisdiction over the upon the perfection of the appeals and subject matter upon the approval of the expiration of the time to appeal of the records on appeal and the the other parties expiration of the time to appeal of the other parties Prior to transmittal of the original record on appeal, the court may a. Issue orders for the protection and preservation of the rights of parties which do not involve any matter litigated by the appeal b. Approve compromises c. Permit appeals of indigent litigants d. Order execution pending appeal e. Allow withdrawal of the appeal

Sec. 11. Transcript. Upon the perfection of the appeal, the clerk shall immediately direct the stenographers concerned to attach to the record of the case five (5) copies of the transcripts of the testimonial evidence referred to in the record on appeal. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. The transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively.  Duty of clerk of court upon perfection of appeal: a. Direct the stenographers to attach to the record of the case 5 copies of transcripts of testimonial evidence b. Arrange the transcripts in the order in which the witnesses testified at the trial c. Cause the pages to be numbered consecutively Duty of the stenographer: P a g e | 35

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a. b.

Transcribe such testimonial evidence Prepare and affix to their transcripts an 1. index containing names of witnesses 2. pages wherein such testimonies are found 3. list of the exhibits 4. pages wherein each exhibits appears to have been offered and admitted or rejected

RULE 42 PETITION FOR REVIEW FROM RTC TO CA

Sec. 1. How appeal taken; time for filing. A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of the petition. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner’s motion for new trial or reconsideration filed in due time after judgment. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.   Appeal of a decision from RTC (appellate jurisdiction)  CA How to appeal: (must be made within the reglementary period) a. File a verified Petition for Review with CA b. Pay the clerk of said court docket and other lawful fees c. Depositing P500 for costs d. Furnishing RTC and adverse party with a copy of the petition When filed: 15 days from a. Notice of the decision to be reviewed b. Notice of the denial of petitioner’s MNT or MR Extension of time to file a petition for review: o May be granted an additional period of 15 days after complying with b and c in how to appeal o No further extension may be granted except for the most compelling reason and not to exceed another 15 days

Sec. 12. Transmittal. The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three (3) copies of the transcripts. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties.  Duty of the clerk of court upon perfection of appeal: o Within 30 days, transmit to the appellate court the a. Original record or the approved record on appeal b. Proof of payment of the appellate docket and other lawful fees c. Certified true copy of the 1. minutes of the proceedings 2. order of approval 3. certificate of correctness 4. original documentary evidence referred to 5. original and 3 copies of the transcripts

 

Sec. 13. Dismissal of appeal. Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may, motu proprio or on motion, dismiss the appeal for having been taken out of time or non-payment of the docket and other lawful fees within the reglementary period.   When can there be dismissal of appeal: a. Prior to transmittal of the original record or the record on appeal b. Upon moto propio or on motion Grounds for dismissal of appeal: a. Taken out of time b. Non-payment of the docket and other lawful fees within the reglementary period

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Sec. 2. Form and contents. The petition shall be filed in seven (7) legible copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the specific material dates showing that it was filed on time; (c) set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the Regional Trial Court, and the reasons or arguments relied upon for the allowance of the appeal; (d) be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts, certified correct by the clerk of court of the Regional Trial Court, the requisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petition. The petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.  Contents of the petition for review: a. State the full names of parties b. Indicate specific materials dates showing it was filed on time c. Statement of the (allegedly committed by RTC) 1. matters involved 2. issues raised 3. specification of errors of fact or law, or both 4. reasons or arguments relied upon d. Accompanied by legible duplicate originals or true copies of the judgments or final orders of both lower courts – certified by the clerk of RTC Attachments to the petition for review: a. Filed in 7 legible copies b. Original copy intended for the court indicated as such by petitioner c. Certification under oath that petitioner has not commenced any other action involving the same issues in SC, CA or different divisions or any other tribunal or agency o If there is such action or is already pending, petitioner shall undertake to promptly inform the courts and other tribunal or agency within 5 days therefrom

Sec. 3. Effect of failure to comply with requirements. The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.  Failure to comply with the requirements in Section 4 shall be a ground for dismissal thereof

Sec. 4. Action on the petition. The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.  Action taken by CA on the petition for review: a. Require respondent to file a comment on the petition within 10 days from notice b. Dismiss the petition if it finds it 1. patently without merit 2. prosecuted manifestly for delay 3. questions raised are too unsubstantial to require consideration

Sec. 5. Contents of comment. The comment of the respondent shall be filed in seven (7) legible copies, accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and shall (a) state whether or not he accepts the statement of matters involved in the petition; (b) point out such insufficiencies or inaccuracies as he believes exist in petitioner’s statement of matters involved but without repetition; and (c) state the reasons why the petition should not be given due course. A copy thereof shall be served on the petitioner.  Attachments on the comment: a. Filed in 7 eligible copies b. Accompanied by certified true copies of material portions of the record referred therein c. With other supporting papers d. Copy shall be served on the petitioner Contents of the comment: (respondent shall) a. State whether or not he accepts the statement of matters involved in the petition P a g e | 37

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b. c.

Point out insufficiencies or inaccuracies as he believes exist in the petitioner’s statement of matters but without repetition State reasons why petition should not be given due course

Sec. 8. Perfection of appeal; effect thereof. (a) Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner. The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with section 2 of Rule 39, and allow withdrawal of the appeal. (b) Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final order unless the Court of Appeals, the law, or these Rules shall provide otherwise.   When is the petition for review deemed perfected: a. Timely filing of petition for review b. Payment of docket and other lawful fees Losing of jurisdiction over the case: o RTC loses such upon the a. Perfection of appeals b. Expiration of time to appeal of the other parties Before CA gives due course to the petition, RTC may a. Issue orders for the protection and preservation of rights of the parties which do not involve any matter litigated by appeal b. Approve compromises c. Permit appeals of indigent litigants d. Order execution pending appeal e. Allow withdrawal of appeal Appeal shall stay of the judgment or final order unless a. CA, law or these Rules shall provide otherwise b. Civil cases decided under Rule on Summary Procedure

Sec. 6. Due course. If upon the filing of the comment or such other pleadings as the court may allow or require, or after the expiration of the period for the filing thereof without such comment or pleading having been submitted, the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition.  Actions taken after comment: a. Timeline 1. Upon filing of comment or other pleadings the court may allow or require 2. After expiration of period for filing without such comment or pleading having been submitted b. Action o Give due course to the petition  If CA finds prima facie that the lower court committed an error that will warrant a reversal or modification of the appealed decision

 Sec. 7. Elevation of record. Whenever the Court of Appeals deems it necessary, it may order the clerk of court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen (15) days from notice.

Sec. 9. Submission for decision. If the petition is given due course, the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the court itself.  叶清蓮 Actions taken when petition is given due course: a. Set the case for oral arguments, or P a g e | 38

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b. Require the parties to submit memoranda within 15 days from notice Case shall be deemed submitted for decision upon filing of the last pleading or memorandum

Sec. 4. Period of appeal. The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner’s motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days.  When to appeal: within 15 days from a. Notice of award, judgment, final order or resolution b. Date of its last publication, if such is required for its effectivity c. Denial of petitioner’s MNT or MR Only 1 MR shall be allowed When extension of time to appeal may be granted: a. Upon proper motion b. Upon payment of full amount of docket and other lawful fees before expiration of reglementary period Extension of time: o An additional period of 15 days within which to file petition for review o No further extension shall be granted except for most compelling reason and shall not exceed another 15 days

RULE 43 APPEALS FROM CTA AND QUASI-JUDICIAL AGENCIES TO CA

Section 1. Scope. This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law.

 

Sec. 5. How appeal taken. Sec. 2. Cases not covered. This Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines. Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court of Appeals shall be indicated as such by the petitioner. Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. If the Court of Appeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial.

Sec. 3. Where to appeal. An appeal under this Rule may be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or mixed questions of fact and law.

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Sec. 6. Contents of the petition. The petition for review shall (a) state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents; (b) contain a concise statement of the facts and issues involved and the grounds relied upon for the review; (c) be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers; and (d) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42. The petition shall state the specific material dates showing that it was filed within the period fixed herein.  Contents of petition: a. State the full names of parties b. Contain concise statement of facts and issues involved and grounds relied upon c. Accompanied by legible duplicate original or certified true copy of award, judgment, final order or resolution together with certified true copies of such material portions of the record referred to and other supporting papers d. Sworn certification against forum shopping

Sec. 9. Contents of comment. The comment shall be filed within ten (10) days from notice in seven (7) legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papers. The comment shall (a) point out insufficiencies or inaccuracies in petitioner’s statement of facts and issues; and (b) state the reasons why the petition should be denied or dismissed. A copy thereof shall be served on the petitioner, and proof of such service shall be filed with the Court of Appeals.   Same with Rule 42, Section 5 Addition: proof of service

Sec. 10. Due course. If upon the filing of the comment or such other pleadings or documents as may be required or allowed by the Court of Appeals or upon the expiration of the period for the filing thereof, and on the basis of the petition or the records the Court of Appeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition; otherwise, it shall dismiss the same. The findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the Court of Appeals.   Same with Rule 42, Section 6 Findings of fact of the court or agency concerned shall be binding on CA when supported by substantial evidence

Sec. 7. Effect of failure to comply with requirements. The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.  Failure to comply with the requirements shall be a sufficient ground for dismissal

Sec. 11. Transmittal of record. Within fifteen (15) days from notice that the petition has been given due course, the Court of Appeals may require the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceeding. The Court of Appeals may require or permit subsequent correction of or addition to the record.

Sec. 8. Action on the petition. The Court of Appeals may require the respondent to file a comment on the petition, not a motion to dismiss, within ten (10) days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.  Same with Rule 42, Section 4

Sec. 12. Effect of appeal. The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.  Appeal shall not stay the award, judgment, final order or resolution unless CA directs otherwise P a g e | 40

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Sec. 13. Submission for decision. If the petition is given due course, the Court of Appeals may set the case for oral argument or require the parties to submit memoranda within a period of fifteen (15) days from notice. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum required by these Rules or by the Court of Appeals.  Same with Rule 42, Section 9

Sec. 4. Docketing of case. Upon receiving the original record or the record on appeal and the accompanying documents and exhibits transmitted by the lower court, as well as the proof of payment of the docket and other lawful fees, the clerk of court of the Court of Appeals shall docket the case and notify the parties thereof. Within ten (10) days from receipt of said notice, the appellant, in appeals by record on appeal, shall file with the clerk of court seven (7) clearly legible copies of the approved record on appeal, together with the proof of service of two (2) copies thereof upon the appellee. Any unauthorized alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal.

RULE 44 ORIGINAL CASES APPEALED TO CA Sec. 1. Title of cases. In all cases appealed to the Court of Appeals under Rule 41, the title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee.  Same title but parties shall be referred to as appellant and appelee

Sec. 5. Completion of record. Where the record of the docketed case is incomplete, the clerk of court of the Court of Appeals shall so inform said court and recommend to it measures necessary to complete the record. It shall be the duty of said court to take appropriate action towards the completion of the record within the shortest possible time.

Sec. 2. Counsel and guardians. The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the court.   Same counsel and guardians ad litem If there is a change, like others appear or appointed, notice shall be served immediately on the adverse party and filed with court Sec. 6. Dispensing with complete record. Where the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or extremely difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and exhibits so far available are sufficient to decide the issues raised in the appeal, and shall issue an order explaining the reasons for such declaration.

Sec. 3. Order of transmittal of record. If the original record or the record on appeal is not transmitted to the Court of Appeals within thirty (30) days after the perfection of the appeal, either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appeal.   Transmittal of records must be made within 30 days from perfection of appeal If not made, parties may file a motion with the trial court, with notice to the other, for the transmittal of such Sec. 7. Appellant’s brief. It shall be the duty of the appellant to file with the court, within forty-five (45) days from receipt of the notice of the clerk that all the evidence, oral and documentary, are attached to the record, seven (7) copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two (2) copies thereof upon the appellee.  Duty of appellant: a. File appellant’s brief within 45 days from receipt of notice of the clerk that all evidence are attached to the record P a g e | 41

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b. c.

7 copies of his written, mimeographed or printed brief Proof of service of 2 copies upon the appellee

Sec. 11. Several appellants or appellees or several counsel for each party. Where there are several appellants or appellees, each counsel representing one or more but not all of them shall be served with only one copy of the briefs. When several counsel represent one appellant or appellee, copies of the brief may be served upon any of them.

Sec. 8. Appellee’s brief. Within forty-five (45) days from receipt of the appellant’s brief, the appellee shall file with the court seven (7) copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two (2) copies thereof upon the appellant.  Same with above except o Filed within 45 days from receipt of appellant’s brief  Sec. 9. Appellant’s reply brief. Within twenty (20) days from receipt of the appellee’s brief, the appellant may file a reply brief answering points in the appellee’s brief not covered in his main brief.  Appellant’s reply brief may be filed within 20 days from receipt of appellee’s brief

Sec. 12. Extension of time for filing briefs. Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended. GR: no extension of time is allowed o Exception: a. for good and sufficient cause, and b. only when motion for extension is filed before expiration of the time sought to be extended

Sec. 10. Time for filing memoranda in special cases. In certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, the parties shall file, in lieu of briefs, their respective memoranda within a nonextendible period of thirty (30) days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the record. The failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appeal.   In lieu of briefs, memoranda shall be filed within a non-extendible period of 30 days from receipt of notice by clerk that all evidence is already attached to the record In what cases memoranda shall be filed: a. Certiorari b. Prohibition c. Mandamus d. Quo warranto e. Habeas corpus Failure to file memoranda shall be a ground for dismissal

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Sec. 13. Contents of appellant’s brief. The appellant’s brief shall contain, in the order herein indicated, the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively; (c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record; (d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record; (e) A clear and concise statement of the issues of fact or law to be submitted to the court for its judgment; (f) Under the heading "Argument," the appellant’s arguments on each assignment of error with page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found; (g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks; and (h) In cases not brought up by record on appeal, the appellant’s brief shall contain, as an appendix, a copy of the judgment or final order appealed from.

Sec. 14. Contents of appellee’s brief. The appellee’s brief shall contain, in the order herein indicated, the following: (a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited; (b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement of facts in the appellant’s brief, or under the heading "Counter-Statement of Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant’s statement of facts with references to the pages of the record in support thereof, but without repetition of matters in the appellant’s statement of facts; and (c) Under the heading "Argument," the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. The authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found.

Sec. 15. Questions that may be raised on appeal. Whether or not the appellant has filed a motion for new trial in the court below, he may include in his assignment of errors any question of law or fact that has been raised in the court below and which is within the issues framed by the parties.  MNT is not a prerequisite

RULE 45 APPEAL BY CERTIORARI TO SC Sec. 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.

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  

Judgment, final order or resolution of CA, Sandiganbayan, CTA, RTC or other courts  SC on a verified petition for review on certiorari Petition may include application for: a. Writ of preliminary injunction b. Other provisional remedies The petition shall only raise questions of law

Sec. 4. Contents of petition. The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts or judges thereof either as petitioners or respondents; (b) indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received; (c) set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition; (d) be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a quo and the requisite number of plain copies thereof, and such material portions of the record as would support the petition; and (e) contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule 42.  Same with Rule 42, Section 2 except a. It shall be filed in 18 copies b. Contain a sworn certification against forum shopping

Sec. 2. Time for filing; extension. The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner’s motion for new trial or reconsideration filed in due time after notice of the judgment. On motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Supreme Court may for justifiable reasons grant an extension of thirty (30) days only within which to file the petition.   Filed within 15 days from a. Notice of the judgment b. Notice of denial of petitioner’s MNT or MR Extension of time: additional 30 days is allowed upon a. Motion duly filed and served b. Full payment of docket and other lawful fees c. Before expiration of the reglementary period

Sec. 5. Dismissal or denial of petition. The failure of the petitioner to comply with any of the foregoing requirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration.  Grounds for dismissal: a. Failure to pay docket and other lawful fees b. Failure to deposit for costs c. Failure to comply with proof of service of petition d. Failure to comply with contents and documents which should accompany the petition Denial of the petition: SC upon its own initiative a. Appeal is without merit b. Prosecuted for delay c. Questions raised are too unsubstantial to require consideration

Sec. 3. Docket and other lawful fees; proof of service of petition. Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.

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Sec. 6. Review discretionary. A review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court’s discretion, indicate the character of the reasons which will be considered: (a) When the court a quo has decided a question of substance, not theretofore determined by the Supreme Court, or has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court; or (b) When the court a quo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an exercise of the power of supervision.  Section 1. Title of cases.

RULE 46 ORIGINAL CASES IN CA

In all cases originally filed in the Court of Appeals, the party instituting the action shall be called the petitioner and the opposing party the respondent. Parties shall be called petitioner and respondent

Sec. 2. To what actions applicable. This Rule shall apply to original actions for certiorari, prohibition, mandamus and quo warranto. Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47, for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66.  Applicable actions: a. Certiorari b. Prohibition c. Mandamus d. Quo warranto Except: a. Actions for annulment of judgment under Rule 47 b. Certiorari, prohibition and mandamus under Rule 65 c. Quo warranto under Rule 66

Sec. 7. Pleadings and documents that may be required; sanctions. For purposes of determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule, or where the petition is given due course under section 8 hereof, the Supreme Court may require or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate, and impose the corresponding sanctions in case of non-filing or unauthorized filing of such pleadings and documents or non-compliance with the conditions therefor.

Sec. 8. Due course; elevation of records. If the petition is given due course, the Supreme Court may require the elevation of the complete record of the case or specified parts thereof within fifteen (15) days from notice.

Sec. 9. Rule applicable to both civil and criminal cases. The mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment.  Mode of appeal is not applicable in cases where penalty imposed is a. Death b. Reclusion perpetua c. Life imprisonment

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Sec. 3. Contents and filing of petition; effect of non-compliance with requirements. The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for. In actions filed under Rule 65, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received. It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. The certification shall be accomplished by the proper clerk of court or by his duly authorized representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authorized representative. The other requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original. The petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom. The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of P500.00 for costs at the time of the filing of the petition. The failure of the petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.  Contents of the petition: a. State the full names of the parties b. Addresses of all parties c. Concise statement of matters involved d. Factual background of the case e. Grounds relied upon Under Rule 65, petition shall further indicate the o Material dates showing when a. Notice of judgment was received

b. MNT or MR was filed c. Notice of denial was received Attachments to the petition: a. Filed in 7 legible copies b. With proof of service on the respondent c. With the original copy intended for the court indicated as such d. Legible duplicate original or certified true copy of 1. Judgment, final order or resolution 2. Material portions of the record referred to 3. Other documents relevant or pertinent thereto e. Sworn certification that he has not commenced any other action involving the same issues in SC, CA or different divisions, or any other tribunal or agency o If he learned that there is such or an action is pending, he shall promptly inform the courts and other tribunal or agency within 5 days therefrom f. Pay docket and other lawful fees g. Deposit the amount of P500 for costs Certification shall be accomplished by the a. proper clerk of court or his duly authorized representative b. proper officer of the court, tribunal, agency or office involved or by his duly authorized representative Failure to comply with the above shall be a ground for dismissal

Sec. 4. Jurisdiction over person of respondent, how acquired. The court shall acquire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdiction.  Jurisdiction over the person of respondent is acquired by a. Service on him of its order or resolution b. Voluntary submission

Sec. 5. Action by the court. The court may dismiss the petition outright with specific reasons for such dismissal or require the respondent to file a comment on the same within ten (10) days from notice. Only pleadings required by the court shall be allowed. All other pleadings and papers may be filed only with leave of court.  Actions taken by CA: a. Dismiss the petition outright with specific reasons b. Require respondent to file a comment within 10 days from notice

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Sec. 6. Determination of factual issues. Whenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issues to any of its members or to an appropriate court, agency or office. 

Sec. 3. Period for filing action. If based on extrinsic fraud, the action must be filed within four (4) years from its discovery; and if based on lack of jurisdiction, before it is barred by laches or estoppel. Period for filing: a. Extrinsic fraud  within 4 years from discovery b. Lack of jurisdiction  before barred by laches or estoppel

Sec. 7. Effect of failure to file comment. When no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient party.  Failure to comment, the case shall be decided on the basis of the record without prejudice to any disciplinary action against disobedient party Sec. 4. Filing and contents of petition. The action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supporting the petitioner’s good and substantial cause of action or defense, as the case may be. The petition shall be filed in seven (7) clearly legible copies, together with sufficient copies corresponding to the number of respondents. A certified true copy of the judgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitioner. The petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues in the Supreme Court, the Court of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same, and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

RULE 47 ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND RESOLUTIONS Sec. 1. Coverage. This Rule shall govern the annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of Regional Trial Courts for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.  Annulment by CA of judgment, final orders or resolution in civil actions of RTC for which the ordinary remedies are no longer available through no fault of the petitioner

Sec. 2. Grounds for annulment. The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction. Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief.  Grounds for annulment: a. Extrinsic fraud o Will not be a valid ground if it was availed of or could have been availed of in MNT or petition for relief b. Lack of jurisdiction Sec. 5. Action by the court. Should the court find no substantial merit in the petition, the same may be dismissed outright with specific reasons for such dismissal. Should prima facie merit be found in the petition, the same shall be given due course and summons shall be served on the respondent.  Actions taken by the CA: a. Dismiss outright with specific reasons for such when court finds not substantial merit in the petition b. Given due course when court finds prima facie merit and summons shall be served on the respondent P a g e | 47

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Sec. 6. Procedure. The procedure in ordinary civil cases shall be observed. Should a trial be necessary, the reception of the evidence may be referred to a member of the court or a judge of a Regional Trial Court.

Sec. 10. Annulment of judgments or final orders of Municipal Trial Courts. An action to annul a judgment or final order of a Municipal Trial Court shall be filed in the Regional Trial Court having jurisdiction over the former. It shall be treated as an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule shall be applicable thereto.

Sec. 7. Effect of judgment. A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same null and void, without prejudice to the original action being refiled in the proper court. However, where the judgment or final order or resolution is set aside on the ground of extrinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein.  Effect of judgment of annulment a. Set aside the questioned judgment o If based on extrinsic fraud, court may on motion order the trial court to try the case as if a timely MNT had been granted b. Render it null and void RULE 48 PRELIMINARY CONFERENCE Sec. 1. Preliminary conference. At any time during the pendency of a case, the court may call the parties and their counsel to a preliminary conference: (a) To consider the possibility of an amicable settlement, except when the case is not allowed by law to be compromised; (b) To define, simplify and clarify the issues for determination; (c) To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court, or those within its appellate jurisdiction where a motion for new trial is granted on the ground of newly discovered evidence; and (d) To take up such other latters which may aid the court in the prompt disposition of the case.

Sec. 8. Suspension of prescriptive period. The prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment. However, the prescriptive period shall not be suspended where the extrinsic fraud is attributable to the plaintiff in the original action.  GR: prescriptive period is suspended o Exception: where extrinsic fraud is attributable to the plaintiff in the original action

Sec. 2. Record of the conference. The proceedings at such conference shall be recorded and, upon the conclusion thereof, a resolution shall be issued embodying all the actions taken therein, the stipulations and admissions made, and the issues defined.

Sec. 9. Relief available. The judgment of annulment may include the award of damages, attorney’s fees and other relief. If the questioned judgment or final order or resolution had already been executed, the court may issue such orders of restitution or other relief as justice and equity may warrant under the circumstances.

Sec. 3. Binding effect of the results of the conference. Subject to such modifications which may be made to prevent manifest injustice, the resolution in the preceding section shall control the subsequent proceedings in the case unless, within five (5) days from notice thereof, any party shall satisfactorily show valid cause why the same should not be followed.

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RULE 49 ORAL ARGUMENT Sec. 1. When allowed. At its own instance or upon motion of a party, the court may hear the parties in oral argument on the merits of a case, or on any material incident in connection therewith. The oral argument shall be limited to such matters as the court may specify in its order or resolution.

RULE 50 DISMISSAL OF APPEAL Section 1. Grounds for dismissal of appeal. An appeal may be dismissed by the Court of Appeals, on its own motion or on that of the appellee, on the following grounds: (a) Failure of the record on appeal to show on its face that the appeal was taken within the period fixed by these Rules; (b) Failure to file the notice of appeal or the record on appeal within the period prescribed by these Rules;

Sec. 2. Conduct of oral argument. Unless authorized by the court, only one counsel may argue for a party. The duration allowed for each party, the sequence of the argumentation, and all other related matters shall be as directed by the court.  Only counsel may argue for a party

(c) Failure of the appellant to pay the docket and other lawful fees as provided in section 4 of Rule 41; (d) Unauthorized alterations, omissions or additions in the approved record on appeal as provided in section 4 of Rule 44; (e) Failure of the appellant to serve and file the required number of copies of his brief or memorandum within the time provided by these Rules; (f) Absence of specific assignment of errors in the appellant’s brief, or of page references to the record as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44; (g) Failure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order; (h) Failure of the appellant to appear at the preliminary conference under Rule 48 or to comply with orders, circulars, or directives of the court without justifiable cause; and (i) The fact that the order or judgment appealed from is not appealable.

Sec. 3. No hearing or oral argument for motions. Motions shall not be set for hearing and, unless the court otherwise directs, no hearing or oral argument shall be allowed in support thereof. The adverse party may file objections to the motion within five (5) days from service, upon the expiration of which such motion shall be deemed submitted for resolution.

Sec. 2. Dismissal of improper appeal to the Court of Appeals. An appeal under Rule 41 taken from the Regional Trial Court to the Court of Appeals raising only questions of law shall be dismissed, issues purely of law not being reviewable by said court. Similarly, an appeal by notice of appeal instead of by petition for review from the appellate judgment of a Regional Trial Court shall be dismissed. An appeal erroneously taken to the Court of Appeals shall not be transferred to the appropriate court but shall be dismissed outright.

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Sec. 3. Withdrawal of appeal. An appeal may be withdrawn as of right at any time before the filing of the appellee’s brief. Thereafter, the withdrawal may be allowed in the discretion of the court.   Any time before the filing of the appellee’s brief Thereafter, withdrawal shall be allowed in the discretion of court 

Sec. 2. By whom rendered. The judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decision. Rendered by members of court who participated in the deliberation

Sec. 3. Quorum and voting in the court. The participation of all three Justices of a division shall be necessary at the deliberation and the unanimous vote of the three Justices shall be required for the pronouncement of a judgment or final resolution. If the three Justices do not reach a unanimous vote, the clerk shall enter the votes of the dissenting Justices in the record. Thereafter, the Chairman of the division shall refer the case, together with the minutes of the deliberation, to the Presiding Justice who shall designate two Justices chosen by raffle from among all the other members of the court to sit temporarily with them, forming a special division of five Justices. The participation of all the five members of the special division shall be necessary for the deliberation required in section 2 of this Rule and the concurrence of a majority of such division shall be required for the pronouncement of a judgment or final resolution.  Voting: a. Unanimous vote all 3 justices b. If there is no unanimous vote 1. clerk shall enter the votes of the dissenting justice/s in the record 2. Chairman of the division shall refer the case to the Presiding justice 3. Presiding justice shall designate 2 justices chosen by raffle to sit temporarily forming a special division of 5 justices 4. Thereafter, concurrence of majority of such special division shall be required for the pronouncement of a judgment or final resolution

RULE 51 JUDGMENT Section 1. When case deemed submitted for judgment. A case shall be deemed submitted for judgment: A. In ordinary appeals.1) Where no hearing on the merits of the main case is held, upon the filing of the last pleading, brief, or memorandum required by the Rules or by the court itself, or the expiration of the period for its filing. 2) Where such a hearing is held, upon its termination or upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court, or the expiration of the period for its filing. B. In original actions and petitions for review.1) Where no comment is filed, upon the expiration of the period to comment. 2) Where no hearing is held, upon the filing of the last pleading required or permitted to be filed by the court, or the expiration of the period for its filing. 3) Where a hearing on the merits of the main case is held, upon its termination or upon the filing of the last pleading or memorandum as may be required or permitted to be filed by the court, or the expiration of the period for its filing.

Sec. 4. Disposition of a case. The Court of Appeals, in the exercise of its appellate jurisdiction, may affirm, reverse, or modify the judgment or final order appealed from, and may direct a new trial or further proceedings to be had.  CA may a. Affirm, reverse or modify the judgment or final order b. Direct a new trial or further proceedings

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Sec. 5. Form of decision. Every decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from.  Form of decision: it shall state the a. Findings of fact b. Conclusions of law on which it is based

Sec. 9. Promulgation and notice of judgment. After the judgment or final resolution and dissenting or separate opinions, if any, are signed by the Justices taking part, they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties or their counsel.  Promulgation of judgment: a. Signed by all the justices taking part thereon b. Delivered for filing to the clerk c. Indication of the date of promulgation d. Causing true copies to be served upon the parties or their counsel

Sec. 6. Harmless error. Sec. 10. Entry of judgments and final resolutions. No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the parties.  Sec. 7. Judgment where there are several parties. In all actions or proceedings, an appealed judgment may be affirmed as to some of the appellants, and reversed as to others, and the case shall thereafter be proceeded with, so far as necessary, as if separate actions had been begun and prosecuted; and execution of the judgment of affirmance may be had accordingly, and costs may be adjudged in such cases, as the court shall deem proper.  Actions taken where there are several parties: a. Affirm as to some of the appellants b. Reverse as to others c. Case may be proceeded as is separate actions had been begun and prosecuted  If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgments. The date when the judgment or final resolution becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificate that such judgment or final resolution has become final and executory. Entered by the clerk in the book of entries of judgments when no appeal or MNT or MR is filed within the time provided Date when judgment becomes executory = date of its entry

Sec. 11. Execution of judgment. Except where the judgment or final order or resolution, or a portion thereof, is ordered to be immediately executory, the motion for its execution may only be filed in the proper court after its entry. In original actions in the Court of Appeals, its writ of execution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcement. In appealed cases, where the motion for execution pending appeal is filed in the Court of Appeals at a time that it is in possession of the original record or the record on appeal, the resolution granting such motion shall be transmitted to the lower court from which the case originated, together with a certified true copy of the judgment or final order to be executed, with a directive for such court of origin to issue the proper writ for its enforcement.  Motion for execution, for judgments not immediately executory, may only be filed in the proper court after its entry

Sec. 8. Questions that may be decided. No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errors. 叶清蓮

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CA (original actions), writ of execution shall be accompanied by certified true copy of the entry of judgment and addressed to any appropriate officer for its enforcement Sec. 1. Period for filing; ground.

RULE 53 NEW TRIAL

RULE 52 MOTION FOR RECONSIDERATION Sec. 1. Period for filing. A party may file a motion for reconsideration of a judgment or final resolution within fifteen (15) days from notice thereof, with proof of service on the adverse party. Sec. 2. Second motion for reconsideration. No second motion for reconsideration of a judgment or final resolution by the same party shall be entertained. Sec. 3. Resolution of motion. In the Court of Appeals, a motion for reconsideration shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. Sec. 4. Stay of execution. The pendency of a motion for reconsideration filed on time and by the proper party shall stay the execution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise direct.     MR shall be filed within the reglementary period with proof of service on the adverse party No 2nd MR shall be allowed MR, in CA, shall be resolved within 90 days from date when court declares its submitted for resolution Pendency of MR, it shall stay the execution of judgment

At any time after the appeal from the lower court has been perfected and before the Court of Appeals loses jurisdiction over the case, a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the exercise of due diligence and which is of such a character as would probably change the result. The motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidence. Sec. 2. Hearing and order. The Court of Appeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking of further testimony, either orally in court, or by depositions, or render such other judgment as ought to be rendered upon such terms as it may deem just. Sec. 3. Resolution of motion. In the Court of Appeals, a motion for new trial shall be resolved within ninety (90) days from the date when the court declares it submitted for resolution. Sec. 4. Procedure in new trial. Unless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a Regional Trial Court.    Filed any time after appeal from lower court has been perfected and before CA loses jurisdiction over the case Sole ground: newly discovered evidence Resolved within 90 days

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RULE 54 INTERNAL BUSINESS Section 1. Distribution of cases among divisions. All the cases of the Court of Appeals shall be allotted among the different divisions thereof for hearing and decision. The Court of Appeals, sitting en banc, shall make proper orders or rules to govern the allotment of cases among the different divisions, the constitution of such divisions, the regular rotation of Justices among them, the filling of vacancies occurring therein, and other matters relating to the business of the court; and such rules shall continue in force until repealed or altered by it or by the Supreme Court. Sec. 2. Quorum of the Court. A majority of the actual members of the court shall constitute a quorum for its session en banc. Three members shall constitute a quorum for its sessions of a division. The affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en banc. The affirmative votes of three members of a division shall be necessary for the pronouncement of a judgment or final resolution, which shall be reached in consultation before the writing of the opinion by any member of the division.   CA only sit en banc on administrative matters Quorum: majority of actual members

RULE 55 PUBLICATION OF JUDGMENT AND FINAL RESOLUTION Section 1. Publication. The judgments and final resolutions of the court shall be published in the Official Gazette and in the Reports officially authorized by the court in the language in which they have been originally written, together with the syllabi therefor prepared by the reporter in consultation with the writers thereof. Memoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the Official Gazette and the authorized reports. Sec. 2. Preparation of opinions for publication. The reporter shall prepare and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case, the names of counsel, the material and controverted points involved, the authorities cited therein, an a syllabus which shall be confined to points of law. Sec. 3. General make-up of volumes. The published decisions and final resolutions of the Supreme Court shall be called "Philippine Reports," while those of the Court of Appeals shall be known as the "Court of Appeals Reports." Each volume thereof shall contain a table of the cases reported and the cases cited in the opinions, with a complete alphabetical index of the subject matters of the volume. It shall consist of not less than seven hundred pages printed upon good paper, well bound and numbered consecutively in the order of the volume published.    Published in the Official Gazette and in the Reports officially authorized by court For SC, in the Philippine Reports For CA, in the Court of Appeals Reports

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RULE 56-A ORIGINAL CASES IN SC Section 1. Original cases cognizable. Only petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus, disciplinary proceeding against members of the judiciary and attorneys, and cases affecting ambassadors, other public ministers and consuls may be filed originally in the Supreme Court. Sec. 2. Rules applicable. The procedure in original cases for certiorari, prohibition, mandamus, quo warranto and habeas corpus shall be in accordance with the applicable provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the following provisions: a) All references in said Rules to the Court of Appeals shall be understood to also apply to the Supreme Court; b) The portions of said Rules dealing strictly with and specifically intended for appealed cases in the Court of Appeals shall not be applicable; and c) Eighteen (18) clearly legible copies of the petition shall be filed, together with proof of service on all adverse parties. The proceedings for disciplinary action against members of the judiciary shall be governed by the laws and Rules prescribed therefor, and those against attorneys by Rule 139-B, as amended.  Original cases cognizable in the SC: a. Petitions for 1. Certiorari 2. Prohibition 3. Mandamus 4. Quo warranto 5. Habeas corpus 6. Disciplinary proceedings against members of the judiciary and attorneys b. Cases affecting 1. Ambassadors 2. Other public ministers 3. Consuls Sec. 3. Mode of appeal.

RULE 56-B APPEALED CASES IN SC

An appeal to the Supreme Court may be taken only by a petition for review on certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment. Sec. 4. Procedure. The appeal shall be governed by and disposed of in accordance with the applicable provisions of the constitution, laws, Rules 45, 48, Sections 1, 2, and 5 to 11 of Rule 51, 52 and this Rule.  Mode of appeal is only by petition for review on certiorari except in criminal cases where penalty imposed is DRL

Sec. 5. Grounds for dismissal of appeal. The appeal may be dismissed motu proprio or on motion of the respondent on the following grounds: (a) Failure to take the appeal within the reglementary period; (b) Lack of merit in the petition; (c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs; (d) Failure to comply with the requirements regarding proof of service and contents of and the documents which should accompany the petition; (e) Failure to comply with any circular, directive or order of the Supreme Court without justifiable cause; (f) Error in the choice or mode of appeal; and (g) The fact that the case is not appealable to the Supreme court.

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Sec. 6. Disposition of improper appeal. Except as provided in Section 3, Rule 122 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the Supreme Court by notice of appeal shall be dismissed. An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action. The determination of the Supreme Court on whether or not issues of fact are involved shall be final. Sec. 7. Procedure if opinion is equally divided. Where the Court en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the Court shall be dismissed; in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.

RULE 64 REVIEW OF JUDGMENTS AND FINAL ORDERS OR RESOLUTIONS OF THE COMMISSION ON ELECTIONS AND THE COMMISSION ON AUDIT Sec. 1. Scope. This Rule shall govern the review of judgments and final orders or resolutions of the Commission on Elections and the Commission on Audit. Sec. 2. Mode of review. A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court on certiorari under Rule 65, except as hereinafter provided. Sec. 3. Time to file petition. The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. The filing of a motion for new trial or reconsideration of said judgment or final order or resolution, if allowed under the procedural rules of the Commission concerned, shall interrupt the period herein fixed. If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. Sec. 4. Docket and other lawful fees. Upon the filing of the petition, the petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of P500.00 for costs.    Scope: o Review of judgments or final orders or resolutions of COMELEC and COA Mode of review: certiorari under Rule 65 When filed: o Within 30 days from notice of judgment or final order or resolution sough to be reviewed o Filing of MNT or MR, if allowed, shall interrupt such period o If motion is denied, party may file the petition within the remaining period but which shall not be less than 5 days in any event Payment of docket and other lawful fees and deposit P500 for costs shall be made upon filing of the petition

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Sec. 5. Form and contents of petition. The petition shall be verified and filed in eighteen (18) legible copies. The petition shall name the aggrieved party as petitioner and shall join as respondents the Commission concerned and the person or persons interested in sustaining the judgment, final order or resolution a quo. The petition shall state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review, and pray for judgment annulling or modifying the questioned judgment, final order or resolution. Findings of fact of the Commission supported by substantial evidence shall be final and non-reviewable. The petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent thereto. The requisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petition. The petition shall state the specific material dates showing that it was filed within the period fixed herein, and shall contain a sworn certification against forum shopping as provided in the third paragraph of section 3, Rule 46. The petition shall further be accompanied by proof of service of a copy thereof on the Commission concerned and on the adverse party, and of the timely payment of docket and other lawful fees. The failure of petitioner to comply with any of the foregoing requirements shall be sufficient ground for the dismissal of the petition.  Attachments to the petition: a. Verified petition b. 18 legible copies c. Legible duplicate copy or certified true copy of the judgment d. Certified true copies of such material portions of the record as are referred to and other documents relevant and pertinent thereto e. Certification against forum shopping f. Proof of service of a copy on the Commission concerned and on the adverse party g. Proof of timely payment of docket and other lawful fees Contents of the petition: a. Name the aggrieved party as petitioner b. Join as respondents the Commission concerned and person/s interested in sustaining the judgment c. State the facts with certainty d. Present clearly the issues involved e. Set forth grounds and brief arguments relied upon for review f. Pray for judgment annulling or modifying the questioned judgment g. State the specific material dates showing that it was filed within the period fixed

 

Findings of fact of the Commission shall be final and non-reviewable if supported by substantial evidence Failure to comply shall be a ground for dismissal

Sec. 6. Order to comment. If the Supreme Court finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition within ten (10) days from notice thereof; otherwise, the Court may dismiss the petition outright. The Court may also dismiss the petition if it was filed manifestly for delay, or the questions raised are too unsubstantial to warrant further proceedings. Sec. 7. Comments of respondents. The comments of the respondents shall be filed in eighteen (18) legible copies. The original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papers. The requisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitioner. No other pleading may be filed by any party unless required or allowed by the Court. Sec. 8. Effect of filing. The filing of a petition for certiorari shall not stay the execution of the judgment or final order or resolution sought to be reviewed, unless the Supreme Court shall direct otherwise upon such terms as it may deem just. Sec. 9. Submission for decision. Unless the Court sets the case for oral argument, or requires the parties to submit memoranda, the case shall be deemed submitted for decision upon the filing of the comments on the petition, or of such other pleadings or papers as may be required or allowed, or the expiration of the period to do so.  Actions taken by SC a. Dismiss outright b. Dismiss if petition was filed 1. Manifestly for delay 2. Questions raised are too unsubstantial c. Order the respondents to file their comments within 10 days from notice if it finds the petition sufficient in substance

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 

Filing of the petition for certiorari shall not stay the execution of judgment unless SC directs otherwise Submitted for decision upon a. filing of the comments or of such other pleadings as may be required b. expiration of time to do so

 RULE 65 CERTIORARI, PROHIBITION AND MANDAMUS Section 1. Petition for certiorari. When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require. The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46. Sec. 2. Petition for prohibition. When the proceedings of any tribunal, corporation, board, officer or person, whether exercising judicial, quasi-judicial or ministerial functions, are without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal or any other plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may require. The petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of nonforum shopping as provided in the third paragraph of section 3, Rule 46.  When can be petition for certiorari and prohibition be availed of: 1. When those exercising judicial or quasi-judicial function has a. acted without or in excess of jurisdiction 

with grave abuse of discretion amounting to lack or excess of jurisdiction 2. There is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law Petition shall be accompanied by a a. certified true copy of the judgment b. copies of all pleadings and documents relevant and pertinent c. sworn certification of non-forum shopping For petition for certiorari, it is any tribunal, board or officer which acted in such way For petition for prohibiton, it is the proceedings of any tribunal, corporation, board, officer or person whether exercising judicial, quasijudicial or ministerial functions that is in question

b.

Sec. 3. Petition for mandamus. When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully excludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act required to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondent. The petition shall also contain a sworn certification of non-forum shopping as provided in the third paragraph of section 3, Rule 46.  Grounds when petition for mandamus can be availed of: a. Unlawful neglect the performance of an act which the law specifically enjoins as a duty resulting from an office, trust or station b. Unlawfully excluding another from the use and enjoyment of a right or office to which such is entitled c. There is no other plain, speedy and adequate remedy in the ordinary course of law

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Sec. 4. Where and when petition to be filed. The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion. If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed with the Court of Appeals or with the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals. In election cases involving an act or an omission of a municipal or a regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.  When petition may be filed: o Within 60 days from notice of the judgment o Where there is MNT or MR timely filed, within 60 days from the notice of denial of the motion Where filed: a. RTC  act or omission by MTC or of a corporation, board, an officer or a person b. CA  act or omission of a quasi-judicial agency c. COMELEC  election cases involving act or omission of MTC or RTC

Sec. 5. Respondents and costs in certain cases. When the petition filed relates to the acts or omissions of a judge, court, quasijudicial agency, tribunal, corporation, board, officer or person, the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court; and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents. Unless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading therein. If the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal parties. However, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings therein.

Sec. 6. Order to comment. If the petition is sufficient in form and substance to justify such process, the court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on the respondents in such manner as the court may direct, together with a copy of the petition and any annexes thereto. In petitions for certiorari before the Supreme Court and the Court of Appeals, the provisions of section 2, Rule 56, shall be observed. Before giving due course thereto, the court may require the respondents to file their comment to, and not a motion to dismiss, the petition. Thereafter, the court may require the filing of a reply and such other responsive or other pleadings as it may deem necessary and proper.   Respondent shall comment within 10 days from receipt of a copy of the petition Such order shall be served on the respondents

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Sec. 7. Expediting proceedings; injunctive relief. The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case, unless a temporary restraining order or a writ of preliminary injunction has been issued, enjoining the public respondent from further proceeding with the case. The public respondent shall proceed with the principal case within ten (10) days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the principal case may be a ground for an administrative charge.  Orders which the court, where petition was filed, may issue: a. Expediting the proceedings b. Temporary restraining order c. Writ of preliminary injunction Petition shall not interrupt the course of the principal case unless TRO or a writ of preliminary injunction has been issued Proceed with the principal case within 10 days from the filing of a petition for certiorari

a.

Render judgment for such relief if the court finds that the allegations are true b. Dismiss the petition if it finds it patently without merit or prosecuted manifestly for delay, or if questions raised are too unsubstantial Court may motu propio impose disciplinary sanctions or measures

Sec. 9. Service and enforcement of order or judgment. A certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the court, quasi-judicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court may direct, and disobedience thereto shall be punished as contempt. An execution may issue for any damages or costs awarded in accordance with section 1 of Rule 39.

 

Sec. 8. Proceedings after comment is filed. After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to submit memoranda. If, after such hearing or filing of memoranda or upon the expiration of the period for filing, the court finds that the allegations of the petition are true, it shall render judgment for such relief to which the petitioner is entitled. However, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of Court. The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.   After comment is filed or upon expiration of the time to file such, court may a. Hear the case, or b. Require the parties to submit memoranda Actions of the court: Civil Procedure P a g e | 59

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