UP Remedial Law Review
UP Remedial Law Review
College of Law
OUTLINE
REMEDIAL LAW REVIEW
1st Semester SY 2018-2019
Atty. Ramon S. Esguerra
Rule 1
General Provisions
(Sections 1 to 6)
Jurisdiction
1. Generally
a. subject matter
b. res or property
c. issues
d. parties
2. Estoppel to deny jurisdiction
Heirs of Bertuldo Hinog vs. Melicor, G.R.No. 140954, April 12, 2005, 455
SCRA 460
3. Jurisdiction at time of filing of action
Cang vs. Court of Appeals, G.R. No. 105308, September 25, 1998, 296 SCRA
128
Special Courts
Sandiganbayan
PD 1616, as am. by RA 7975 and RA 8249
Court of Tax Appeals
RA 9242
Kinds of action
1. As to cause or foundation
a. personal
b. real
*distinction important in determining venue
2. As to object
a. in rem
b. in personam
c. quasi in rem
*distinction important in service of summons
Commencement of action
1. Condition precedent
Katarungang Pambarangay
Katarungang Pambarangay Law (As provided in Secs. 399-422, Ch. 7,
Title One, Book III, RA 7160)
Lumbuan vs. Ronqullo, G.R. No. 155713, May 5, 2006
a. Not jurisdictional but ground for dismissal under Rule 16, Sec. 1(j)
b. When parties may go directly to court without need of prior barangay
conciliation (Sec.412, Local Government Code, RA 7160)
c. Requirement does not apply to any complaint by or against corporations,
partnerships or juridical entities (Sec, 1, Rule VI, Katarungang Pambarangay Rules)
Rule 2
Cause of Action
(Rules 1 to 6)
Rule 3
3
Defendants
1. Unwilling co-plaintiff (Sec. 10)
2. Alternative defendant (Sec. 13)
3. Unknown defendant (Sec. 14; Rule 14, Sec. 14)
4. Entity without juridical personality as defendant (Sec. 15; Rule 14,
Sec. 8)
Rule 4
Venue of Actions
(Sections 1 to 4)
Venue defined
Distinguished from jurisdiction
Venue of real actions (Sec. 1)
Venue of personal actions (Sec. 2)
Venue of actions against non-residents (Sec. 3)
Quasi in rem (action affects personal status
of plaintiff ) -- residence of plaintiff
In rem (action affects property of defendant
in Phils.) -- location of property
Pleadings
(Substantial Requirements)
In general
Defined (Rule 6, Sec. 1)
Distinguished from motion (Rule 15, Sec. 1)
What allowed (Rule 6, Sec. 2)
Parts of a pleading (Rule 7, Secs. 1-5)
How allegations made
In general (Rule 8, Sec. 1)
Capacity (Rule 8, Sec. 4)
Alternative claims and defenses (Rule 8, Sec. 2)
Conditions precedent (Rule 8, Sec. 3)
Fraud and mistake, condition of mind (Rule 8, Sec.
5)
Judgments (Rule 8, Sec. 6)
Official documents (Rule 8, Sec. 9)
Need to bring in new parties (Rule 6, Sec. 12)
Complaint
Defined and in general (Rule 6, Sec. 3)
Allegations
In general (Rule 8, Sec. 1)
Reyes vs. Regional Trial Court of Makati, G.R. No. 165744,
August 11, 2008
Answer
Defined and in general (Rule 6, Sec. 4)
5
Types of defenses
Negative (Rule 6, Sec. 5(a))
How alleged, generally (Rule 8, Sec. 10)
Capacity of parties (Rule 8, Sec. 4)
Genuiness of documents (Rule 8, Sec. 8)
Memita vs Masongsong, G.R. No. 150912, May 28, 2007
Negative pregnant
Philippine American General Insurance Co., Inc. vs. Sweet Lines,
212 SCRA 194 (1993)
Affirmative (Rule 6, Sec. 5(b))
Implied admissions (Rule 9, Sec. 1)
Counterclaims
Defined and in general (Rule 6, Sec. 6)
How raised
Included in answer (Rule 6, Sec. 9; Rule 11, Sec. 8)
After answer (Rule 6, Sec. 9; Rule 11, Sec. 9)
Kinds of counterclaims
Compulsory (Rule 6, Sec. 7; Rule 9, Sec.
Permissive
Korea Exchange Bank vs. Gonzales, 456 SCRA 224
(2005)
Remedy for omitted counterclaim due to oversight, inadvertence, excusable
neglect (Rule 11, Sec. 10)
Answer to counterclaim
In general (Rule 6, Sec. 4)
Period to plead (Rule 11, Sec. 4)
Reply
Defined and in general (Rule 6, Sec. 10)
When required (Rule 6, Sec.10)
Challenge due to authenticity of documents (Rule 8, Sec. 8)
Casent Realty Development Corp. vs. Philbanking Corporation, G.R.
No. 150731, September 14, 2007
(Formal Requirements)
Filing and Service of Pleadings,
Motions and Orders
Amendments
Kinds
Formal amendments (Rule 10, Sec. 4)
Godinez vs. Court of Appeals, G.R. No. 154330, February 15, 2007
Substantial amendments
Matter of right (Rule 10, Sec. 2)
Alpine Lending Investors vs. Corpuz, G.R. No. 157107, November
24, 2006
Remedies
Periods to answer
Amendments (Rule 11, Sec. 3)
Supplemental complaint (Rule 11, Sec. 7)
Bill of Particulars/Intervention
Rule 14
Summons
(Sections 1 to 20)
Spouses Galura vs. Math-Agro Corporation, G.R. No. 167230, August 14, 2009
Rule 15
Motions
(Sections 1 to 10)
In general (Sec. 1)
Form (Sec. 2)
Generally (Sec. 10)
May be oral (Sec. 2)
Motion for leave (Sec. 9)
Prohibited motion
Contents (Sec. 3)
Omnibus motion rule (Sec. 8)
Exceptions (Rule 9, Sec. 1)
Notice of hearing (Secs. 4, 5)
General rule: without compliance – scrap of paper
Sps. Rustia vs. Rivera, G.R. No. 156903, November 24, 2006
Exceptions
Motions which may be granted ex parte
Where adverse party had opportunity to oppose
Lanto vs. Dimaporo, 16 SCRA 599 (1966)
Vlason Enterprises Corp. vs. CA, 330 SCRA 26
(1999)
Proof of service (Sec. 6)
Hearing of motions (Sec. 7)
9
Rule 16
Motion to Dismiss
(Sections 1 to 6)
Grounds (Sec. 1)
Lack of jurisdiction
Boticano vs. Chu, 148 SCRA 541 (1987)
Res judicata
Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October
31, 2007
Failure to state a cause of action
Heirs of Antonio Santos vs. Heirs of Crispulo Beramo, G.R. No. 151454
August 8, 2010
Halimao vs. Villanueva, 253 SCRA 1 (1996)
Tan vs. CA, 295 SCRA 247 (1998)
Statute of frauds
Asia Production Co., Inc. vs. Pano, 205 SCRA 458
(1992)
Condition precedent
Sunville Timber Products, Inc. vs. Abad, 206 SCRA 482
(1992)
Who files
How pleaded
Period (Sec. 1)
As affirmative defense (Sec. 6)
- counterclaim which may be prosecuted in same or separate action refers to
permissive counterclaim
Hearing and resolution (Secs. 2, 3)
The resolution of the motion to dismiss shall state clearly and distinctly the
reasons therefor. (Sec. 3)
Luistro vs. Court of Appeals, G.R. No. 158819, April 16, 2009
Remedies
If motion granted – appeal or refile complaint
If motion denied - file answer, unless without jurisdiction, in which case, Rule
65 petition
NPC vs. CA, 185 SCRA 169 (1990)
Rule 17
Dismissal of Actions
(Sections 1 to 4)
10
Effect on counterclaim
Pinga vs. Santiago, G.R. No. 170354, June 30, 2006
Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No.
172242, August 14, 2007
Remedy of plaintiff
Ko vs. PNB, 479 SCRA 298, January 28, 2006
Dismissal of counterclaims (Sec. 4)
Default
Rule 9, Sec. 3
Order of default
When some answer and others default (Sec. 3 (c))
Extent of relief to be awarded (Sec. 3 (d))
Where not allowed (Sec. 3 (e))
Procedure after order of default (Sec. 3, first par.)
- render judgment
- hearing ex parte
Remedy from order of default
Motion to set aside (Sec. 3(b))
Ramnani vs. CA, 221 SCRA 582 (1993)
Remedies from judgment by default
Before finality
Motion for reconsideration or new trial (Rule 37)
Appeal (Rules 40 and 41)
Martinez vs. Republic, G.R. No. 160895, October 30, 2006
After finality
Petition for relief from judgment (Rule 38)
Annulment of judgment (Rule 47)
Is certiorari a proper remedy?
Jao vs. CA, 251 SCRA 391 (1995)
Indiana Aerospace University vs. CHED, 356 SCRA
367 (2001)
11
Rule 18
Pre-Trial
(Sections 1 to 7)
Procedure
Duty to set (Sec. 1)
Effect of A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial
Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of
Deposition-Discovery Measures), which took effect on August 16, 2004
Notice (Sec. 3)
Pre-trial brief required (Sec. 6)
Effect of failure to file
Record or order of pre-trial (Sec. 7)
Rule 20
Calendar of Cases
(Sections 1 and 2)
Calendar (Sec. 1)
Preferences (Sec. 1)
Assignment of cases (Sec. 2)
Rule 22
Computation of Time
(Sections 1 and 2)
Rule 30
Trial
(Sections 1 to 9)
Subpoena, Rule 21
Conduct
Order of trial (Sec. 5)
Agreed statement of facts (Sec. 6; Rule 18, Secs. 2(d), 7)
Statement of judge (Sec. 7)
12
Lack of cause of action may be cured by evidence presented during the trial and
amendments to conform to the evidence.
Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005
Rule 33
Demurrer to Evidence
(Section 1)
Rule 34
Judgment on the Pleadings
(Section 1)
Rule 35
Summary Judgments
(Sections 1 to 6)
Rule 36
Judgments, Final Orders and Entry
(Sections 1 to 8)
Amendment of judgment
Before it becomes final and executory
Eternal Gardens Memorial vs. IAC, 165 SCRA 439
(1988)
After it becomes final and executory
Nunal vs. CA, 221 SCRA 26 (1993)
Industrial Timber Corp. vs. NLRC, 233 SCRA 597
(1994)
Supplemental judgment
Esquivel vs. Alegre, 172 SCRA 315 (1989)
Judgments nunc pro tunc
Cardoza vs. Singson, 181 SCRA 45 (1990)
Law of the case
Bar by former judgment and conclusiveness of judgment
distinguished
Del Rosario vs Far East Bank and Trust Company, G.R. No 150134, October
31, 2007
Rule 40
Rule 41
b. Petition for review
Rule 42
Rule 43
c. Petition for review on certiorari
Rule 45
Periods (Sec. 1)
For filing
Effect of motion for extension of time to file
See also Rule 41, Sec. 3, par. 2; Rule 40,
Sec. 2., par. 2
Contents
In general (Sec. 2). See also Rule 15, Sec. 3
Motion for new trial (Sec. 2, par. 2)
Motion for reconsideration (Sec. 2, par. 3)
Pro forma motion and its effects (Sec. 2, par. 4)
Marina Properties Corp. vs. CA, 294 SCRA 273 (1998)
Republic International Communications Corporation (ICC), G.R. No. 141667,
July 17, 2006
Action by court
Options in general (Sec. 3)
Grant of motion for new trial (Sec. 6)
Partial new trial or reconsideration (Secs. 7, 8)
Denial
Remedies (Sec. 9)
Appeal
Ordinary Appeal
Rule 40
MTC to RTC
(Sections 1 to 9)
Rule 41
RTC to CA
(Sections 1 to 13)
Rule 42
RTC to CA
(Sections 1 to 8)
Appeal from RTC decision rendered in the exercise of its appellate jurisdiction
Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August 16, 2005
Rule 43
Quasi-Judicial Agencies to CA
(Sections 1 to 13)
Scope (Sec.1)
Fabian vs. Desierto, 295 SCRA 440 (1998)
Ombudsman criminal cases – Supreme Court via
Rule 65
Lanting vs. Ombudsman, 458 SCRA 93
Cases not covered (Sec. 2)
St. Martin Funeral Home vs. NLRC, 295 SCRA
494 (1998)
Decisions of Secretary of Labor and Director of Bureau of
Labor Relations – petition for certiorari to CA under Rule 65
Decisions of DOJ Secretary in petitions for review prosecutors’ resolutions –
petition for certiorari to CA under Rule 65
Alcaraz vs. Gonzales, G.R. NO. 164715, September 20, 2006
Not applicable where there is error of jurisdiction
Fortich vs. Corona, 289 SCRA 624 (1998)
Where to appeal (Sec. 3)
Pure questions of law may be raised
Period of appeal (Sec. 4)
How appeal taken (Sec. 5)
Form and contents (Sec. 6)
Effect of failure to comply with requirements (Sec. 7)
- sufficient ground for dismissal
Action by court (Sec. 8)
a. Require fiing of comment or
b. Dismiss petition outright
17
PPQ
When petition given due course (Sec. 10)
- prima facie finding that court or agency committed
errors of fact or law warranting reversal or modification
Effect of appeal (Sec.12)
General rule: shall NOT STAY award, judgment, final order
or resolution
Exceptions:
a. when CA directs otherwise
b. when the law directs otherwise (additional exception)
Lapid vs. CA, 334 SCRA 738 (2000) and Office of the Ombudsman vs. Laja,
G.R. No. 169241, May 2, 2006 no longer apply due to Resolution dated
October 14, 2010 in Joel Samaniego vs. Office of the Ombudsman
Rule 45
(Sections 1 to 9)
The phrase “any court” refers only to Municipal/Metropolitan and Regional Trial
Courts.
Purcon, Jr. vs. MRM Philippines, Inc.,G.R. No. 182718, September 26, 2008
18
Grounds
Requires final judgment or loss of appeal
Only available against a final and executory judgment
Valencia vs. CA, 352 SCRA 72 (2001)
Contents
Affidavit of merit (Sec. 3)
When motion for reconsideration considered as petition
for relief
Action of court before answer
Power to deny (Sec. 4)
Preliminary injunction pending proceedinsg (Sec. 5)
Order to file answer (Sec. 4)
Procedure
Availability of preliminary injunction (Sec. 5)
Proceedings after answer is filed (Sec. 6)
Where denial of appeal is set aside (Sec. 7)
Action of court after giving due course
Grant of petition for relief (Sec. 7)
Denial of petition for relief (Rule 41, Sec. 1 (b))
Remedies after petition for relief expires
Reopening not allowed
Alvendia vs. IAC, 181 SCRA 282
Annulment of Judgment
Rule 47
(Sections 1 to 10)
Grounds (Sec. 2)
Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)
Certiorari
Rule 65
Discovery
Read Rules 23 to 29
Deposition - definition and purposes
People vs. Webb, 312 SCRA 573 (1999)
When taken
Dasmarinas Garments, Inc. vs. Reyes, 225 SCRA 622 (1993)
When leave of court required
Republic vs. Sandiganbayan, 204 SCRA 212 (1991)
Request for admission
Po vs. CA, 164 SCRA 668 (1988)
Importance of discovery procedures
A.M. No. 03-1-09-SC dated July 13, 2004
Guidelines to be observed by trial court judges and clerks
of court in the conduct of pre-trial and use of deposition-discovery procedures
Hyatt Industrial Manufacturing Corps. vs. Ley Construction and
Development Corp., G.R. No. 147143, March 10, 2006
Rule 39
Execution
20
(Secs. 1 to 48)
Bonds in execution
1. Bond filed by judgment debtor to stay execution pending
appeal – supersedeas bond (Sec. 3)
2. Bond of judgment obligor to enable sheriff to continue
holding levied property after affidavit of third party claim
filed with him (Sec. 16)
(a. ordinary execution sale under Rule 39; b. judicial foreclosure sale
under Rule 68; c. extrajudicial foreclosure sale under Act 3135)
Execution of money judgments under Rule 39, Sec. 9 – promissory note not
allowed.
Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02-
1429-P), March 16, 2005
Effect of levy on execution as to third persons (Sec. 12)
Campillo vs. CA, 129 SCRA 513 (1984)
3. Garnishment of debts and credits
Meaning of garnishment
Manila Remnant Co., Inc. vs. CA, 231 SCRA 281
(1994)
Garnishment of bank deposits - does not violate bank
secrecy law (RA 1405)
Garnishment of public funds
Provisional Remedies
Rule 57
Preliminary Attachment
(Secs. 1-20)
Nature of attachment
Davao Light & Power Co., Inc. vs. CA, 204 SCRA 343
(1991)
Olib vs. Pastoral, 188 SCRA 692 (1990)
Discharge of attachment
23
Rule 58
Preliminary Injunction
(Secs. 1 to 9)
(Sec. 8)
Same procedure as in Sec. 20, Rule 57
When final injunction granted (Sec. 9)
Rule 59
Receivership
(Sections 1 to 9)
Receiver defined
Normandy vs. Duque, 29 SCRA 385 (1969)
Rule 60
Replevin
(Sections 1 to 10)
Replevin defined
BA Finance Corp. vs. CA, 258 SCRA 102 (1996)
Nature
Chiao Liong Tan vs. CA, 228 SCRA 75 (1993)
Application (Sec. 1)
Affidavit and bond (Sec. 2)
Foreclosure of chattel mortgage
Northern Motors, Inc. vs. Herrera, 49 SCRA 392
(1973)
Replevin does not issue against property in custodia
legis
Order to deliver property (Sec. 3)
Where writ may be served (anywhere in the Phils.)
Is hearing required? (Compare to preliminary attachment and
preliminary injunction)
N.B. Unlike in attachment and injunction which is
usually issued only after hearing, with certain exceptions,
order for delivery of personal property as a provisional remedy
is issued ex parte and, given the requisites for its issuance,
25
Rule 61
Support Pendente Lite
(Sections 1 to 7)
Rule 62
Interpleader
(Sections 1 to 7)
Interpleader defined
Beltran vs. People’s Homesite and Housing Corp.,
29 SCRA 145 (1969)
Rule 63
Declaratory Relief and Similar Remedies
(Sections 1 to 6)
RTC has exclusive jurisdiction – SC has no jurisdiction over petitions for declaratory
relief
Rule 64
Review of Judgments and Final Orders or Resolutions of COMELEC and COA
(Sections 1 to 9)
Rule 65
Prohibition and Mandamus
Prohibition (Sec. 2)
Nature and purpose
Vergara vs. Rugue, 78 SCRA 312 (1977)
The writ of prohibition does not lie against the exercise of a quasi-legislative
function
Holy Spirit Homeowners Association vs. Defensor, G.R. No. 163980,
August 3, 2006
Mandamus (Sec. 3)
Will not issue to compel a discretionary act
Sharp International Marketing vs. CA, 201 SCRA
299 (1991)
Mandamus is available only to compel the doing of an act specifically enjoined by
law as a duty
Henares, Jr. vs. Land Transportation Franchising and Regulatory Board,
G.R. No. 158290, October 23, 2006
Exception – where there is grave abuse of discretion
First Philippine Holdings vs. Sandiganbayan, 253
SCRA 30 (1996)
Rule 66
Quo Warranto
(Sections 1 to 12)
Definition
Period for filing – within one (1) year from date petitioner
ousted from his position
Galano vs. Roxas, 67 SCRA 8 (1975)
Exception
Cristobal vs. Melchor, 78 SCRA 175 (1977)
Rule 66 of the 1997 Rules of Civil Procedure does not apply to quo
warranto cases against persons who usurp an office in a private
corporation.
Calleja vs. Panday, G.R. No. 168696. February 28, 2006.
Rule 67
Expropriation
(Sections 1 to 14)
Stages of expropriation
Period to appeal from order of expropriation
Municipality of Binan vs. Garcia, 180 SCRA 576 (1989)
Writ of possession
Republic vs. Tagle, 299 SCRA 549 (1998)
Rule 68
Foreclosure of Real Estate Mortgage
(Sections 1 to 8)
complaint
Equity of redemption
Limpin vs. IAC, 166 SCRA 87 (1988)
Rule 69
Partition
(Sections 1 to 13)
Partition defined
Villamor vs. CA, 162 SCRA 574 (1988)
Rule 70
Forcible Entry and Unlawful Detainer
(Sections 1 to 21)
When the complaint fails to aver facts constitutive of forcible entry or unlawful
detainer
Valdez, Jr. vs. Court of Appeals, G.R No. 132424, May 4, 2006
Possession by tolerance
Heirs of Rafael Magpily vs. De Jesus, 474 SCRA 366 (2005)
Rule 71
Contempt
(Sections 1 to 12)
Contempt defined
Distinction between
Direct and indirect contempt
Tabujara vs. Judge Asdala, A.M. No. RTJ-08-2126 [Formerly OCA I.P.I.
No. 08-2896-RTJ], January 20, 2009
Remedies
Direct contempt (Sec. 2)
Indirect contempt (Sec. 11)
Use of falsified and forged documents constitutes indirect contempt not direct
contempt
Judge Dolores Espanol vs. Atty. Benjamin Formoso, G.R. No. 150949, June
21, 2007