PDF RIANO Civil Procedure Summary
PDF RIANO Civil Procedure Summary
Amendment by plaintiff
Before responsive pleading is SERVED - matter of right
After responsive pleading is SERVED- court discretion
pg. 1
Issue does not cover Summary judgment
material fact
Modes of discovery
Pre-Trial
(mandatory)
Alternative modes of
dispute resolution
No settlement or compromise
Defendant then:
Present evidence by On demurrer to evidence:
1. presents own; or
Trial plaintiff. Then rests 1. denied-> may still present own evidence
2. demurrer to evidence
2. granted-> denied on appeal -> waives
right to present evident
Judgment
BEFORE judgment becomes a) motion for reconsideration
final and executory b) motion for new trial
c) appeal
Post-
AFTER judgment becomes
judgment final and executory a) petition for relief
remedies b) action to annul judgment
c) certiorari
pg. 3
dismissal rule
Amendment of complaint:
4th : Answer
Gives notice to the plaintiff as to which allegations in the complaint he decides to contest and
thus put to issue.
- Failure to file -> entitles plaintiff to file motion to declare defendant in degfaultt. judgment
by default
Denial must be specific. No specifically denied are deemed admitted
- No specific denial-> deemed admitted
No denial made -> no triable issue -> judgment on the pleadings
Judgment on the pleadings vs summary judgment
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pg. 4
Judgment on the pleadings summary judgment
Base entirely on pleadings Base on pleadings, affidavits,
depositions, admissions
no denial was made made
No triable issues No genuine issue. Does not concern
material fact
6th: Trial
Plaintiff presents evidence- defendant may:
1. present own evidence
2. demurer to evidence
- denied: may still present own evidence
- granted- but reversed on appeal- waived right to present own evidence
7th: Judgment
Official determination of rights and obligation
Personally and directly prepared by judge
Stating clearly the facts and law
Signed by him
Filed with clerk of court
Date on entry judgment = date of finality of judgment
pg. 5
II. POWERS OF THE SUPREME COURT
Power of SC to suspend its own rules or to except a case from its application when the
circumstances so warrant.
-SC allowed it in the ff:
a) special or compelling circumstances
b) merits of the case
c) cause not entirely attributable to person benefited by such suspension
d) other party will not be unjustly enriched
- compliance with the procedural rules is the GR, abandonment or suspension if the exception.
pg. 6
III. The Rules of Court
RoC constitutes the body of rules governing pleading, practice, and procedure
Roc are not Laws because they do not originate in the Legislative
Have force and effect of Law because they are promulgated by authority of Law
Substantive law vs Remedial Law
-Exp: to the extent that in the opinion of the court their application would not be feasible or
would work injustice
Application of RoC
- Civil actions, criminal actions, special proceedings
- Applies in all courts, except as SC provided otherwise
- Inapplicable: election cases, land registration cases, cadastral cases, naturalization cases,
insolvency proceedings (except by analogy or in suppletory character and whenever
practicable and convenient).
pg. 7
- Roc not strictly observed in administrative proceedings. They only apply in a suppletory
character.
- Scope: ordinary civil actions, provisional remedies, special civil actions
Courts: an organ of government belonging to the judicial department the function of which is
the application of the laws to controversies brought before it as well as the public
administration of justice.
Court vs. Judge
Court Judge
Tribunal officially assembled under the Simply an officer of such tribunal
authority of law
Organ of govt with personality distinct
from the person or judge who sits
imagination Physical person
office Public officer
The circumstances of the court are not affected by the circumstances of the judge.
Death of the judge does not mean the death of the court.
Courts of law and equity. Thus, both legal and equitable jurisdiction is dispensed with in the
same tribunal.
Equity jurisdiction: power of the court to resolve issues presented in a case in accordance with
the natural rules of fairness and justice in the absence of a clear, positive law governing such
issues.
-denotes concept of fairness, justice, and right dealing among men. Regards spirit of the law.
Justice outside legality.
- Applies when there is no law applicable.
- If there is a law, it will only supplement the law.
Principle of judicial hierarchy
- Ladderized scheme which requires that lower courts initially decide on a case before it is
considered by a higher court.
- SC is a court of last resort.
Application on extraordinary writs: issuance thereof is concurrent in all courts. Only in
instances where it is absolutely necessary or where serious and important reasons
clearly and specifically expressed in the petition exist that the SC may issue the same.
When the Principle of judicial hierarchy may be disregarded
- If it warranted by the nature and importance of the issues raised in the interest of speedy
justice and to avoid future litigations. This in accord with the liberal interpretation of RoC
Doctrine of non-interference or doctrine of judicial stability
-courts of equal and coordinate jurisdiction cannot interfere with each other’s orders.
- doctrine applies to administrative bodies.
Types of courts:
a) Constitutional court- one directly created by a direct constitutional provision.
pg. 8
b) Statutory court- one created by law other than the constitution
Note: the sandiganbayan was created by a BP.
c) Civil courts- determine controversies between private persons
d) Criminal courts- those which adjudicate offenses alleged to have been committed
against the state
Note: Philippine courts exercise crim and civ jurisdictions
e) Courts of record- those which keep a written account of its proceedings. There is a
presumption as to the veracity of its recprds that cannot be collaterally attacked
except for fraud.
f) Courts not of record- those which are not bound to keep records
Note: all Phil courts are now required to be court of record.
g) Superior court- one with controlling authority over other courts
h) Inferior court- one which is subordinate to another court, the judgement of which
may be reviewed by a higher tribunal.
Note: a court is superior or inferior in relation to another court
Type of Jurisdiction:
i) Courts of general jurisdiction- those with competence to decide on their own
jurisdiction and to take cognizance of all cases (eg. RTC)
j) Special/ limited jurisdiction- those which have only a special jurisdiction for a
particular purpose OR are clothed with special powers for the performance of
specified duties beyond which they have no authority.
k) Original jurisdiction- when actions or proceedings are originally filed with it
l) Appellate jurisdiction- when it has the power of review over the decisions of the
lower court.
m) Concurrent jurisdiction- (aka coordinate jurisdiction) power of different courts to
take cognizance of the same subject matter.
-Court first taking cognizance of the case assumes jurisdiction to the exclusion of the
other courts.
-concurrent jurisdiction among different courts of different ranks is subject to the
doctrine of hierarchy of courts.
pg. 9
- Aim: reduce work load of the courts.
- Lupon/ Pangkat does not have adjudicatory powers. Any adjudicatory powers they have
must be agreed upon by the parties in writing.
Importance
-condition precedent but non-jurisdictional.
- absent ground for motion to dismiss NOT motu proprio.
Waivable. If not raised seasonable can no longer raise this ground.
Dismissal is without prejudice to refilling.
Chairman summons
respondents
Parties appeal
without counsel
To be resolved in 15 days
Not
Resolved resolved
END
Settlement Settlement
not reached reached
Pangkat No repudiation
Goes to issues repudiation
COURT certification Pangkat issues Goes to
Steps:
1st: initiation
- Complain orally or in writing before the chairman of the Lupon ( who is the punong brgy)
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pg. 10
- Payment of appropriate filing fees
- Chairman summon the respondents within the next working day
- Parties must appear in person
GR: without counsel or representatives
Exp: Minors and incapacitated who may be accompanied by their relatives of next kin who
are not lawyers.
- Parties must only be natural persons
- Resolves within 15 days
- If he fails to resolve, he shall set a date to constitute the Pangkat.
- Amicable settlement NOT reached-> certification by the Lupon or Pangkat
- Unless AS is repudiated -> sufficient basis for certification
7. Those which the President may determine in the interest of justice UPON
recommendation of the Sec of Justice.
Referral to the Lupon by the court:
The court in which NON-CRIMINAL CASE is files may MOTU PRO PRIO refer the case, AT
ANY TIME BEFORE TRIAL, to the Lupon concerned FOR AMICABLE SETTLEMENT.
pg. 11
a) the date of settlement or
b) date of receipt of award or
c) the date the obligation stipulated or
d) adjudged in the settlement becomes due and demandable.
-If settlement or award has not been complied with: disputants may file a motion with the
punong brgy, copy furnished to other disputants
FORM:
-Caption contains: name of the court, title of the action, docket number is assigned
-Title contains: names of the parties and their participation indicated. (plaintiff/ defendant)
It is not the caption but the allegations contained therein which determine the nature of the
action and relief sought. Thus, the court may pass upon the real issues as raised in the
allegations.
- Body of the pleading: sets forth its designation, allegations, reliefs, and date.
Shall be divided into paragraphs and shall be so numbered for ready identification. (
numbering will be used as referrals)
pg. 12
Two or more causes of action shall be names “ 1st, 2nd… coa”.
Act of signing is personal to him and can not be delegated to non-lawyer. May delegate it to a
lawyer. ( Code of Professional Responsibility)
- If signed by non-lawyer-void, can not be ratified.
Verification in a pleading
Verification- under oath.
pg. 13
Significance: intended to secure that the allegations are true and correct and not mere
imaginations/ speculations, AND that it is made in good faith.
Other requirements:
Number and date of issue of their MCLE Would cause dismissal of the case and expunction
certificate of Compliance or Certificate of of the pleadings from the records.
Exemption
- Who executes: the plaintiff or principal party, signed by the party himself and not by his
counsels
If made by counsel: it is defective and a valid cause for dismissal
Ratio: it is the party himself who is in the best position to know if there are other similar
cases.
pg. 14
If plaintiff is a juridical person: person duly authorized by the corporation and has
personal knowledge of the facts required to be disclosed in the certification. (eg.
company lawyer)
4 violations related forum shpping:
violations Effect
non-compliance with a)dismissal of the case by motion and NOT motu proprio
submission of certification - motion and hearing is required
-dismissal made is “without prejudice”, unless court orders
-dismissal without prejudice otherwise
-order of dismissal is non-appealable.
Ratio: dismissal is without prejudice. Remedy is
appropriate civil action under rule 65.
b) not curable by mere amendment.
NOTE: the failure to submit a certification against forum shopping is a ground for dismissal, separate
and distinct from the forum shopping as a ground for dismissal.
pg. 15
- Liberal interpretation applied:
SC may suspend such rule in the interest of justice
If several parties, certification made by one is enough. Substantial compliance.
Belated submission may be allowed by SC.
VI. Filing and Service of pleadings, Judgments and other papers in civil cases
Filing- act of presenting the pleading or other papers to the clerk of court -
Two modes of Filing:
a) presenting the original copy of the b) registered mail
pleading, etc
Date of filing: Coc shall indicate or endorse Date of mailing as shown by the post office
on the pleading or paper filed, the date and stamp on the envelope or registry receipt
hour of filing. shall be the date of filing.
How proved: existence in the record of the By registry receipt and by the affidavit of
case or by written or acknowledged stamp of ther person who did the mailing, containing
its filing by the clerk of court 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.
Service- act of providing a party with a copy of the pleading or paper concerned.
- Modes of service
Personal service Service by mail Substituted service
Preferred GR: Written explanation why this is used instead of personal
Violation -> treated as if not service. Violation -> treated as if not filed.
filed Exps: those documents coming from courts
pg. 16
papers served to personally registry of service is available Effected by delivering the
to the party or his counsel; in the locality of either the copy to the clerk of court,
sender or the addressee. with proof of failure of both
b) leaving a copy in his office personal service and service
with his clerk or a person Done by depositing the copy by mail.
having charge thereof in the post office, in a sealed
if non-> by leaving a copy at envelope, plainly addressed
the party’s or counsel’s to the party or his counsel at
residence, with a person of his office, if known, or
sufficient age and discretion otherwise at his residence, if
residing therein between 8 known, with postage fully
in the morning to 6 in the prepaid and with
evening. instructions to the
postmaster to return the
mail to the sender within 10
days it not delivered.
Deemed complete: upon a) Registered mail- upon Complete at the time of
actual delivery actual receipt by the delivery of the copy to the
addressee, or after 5 days clerk of court.
from the date he received the
first notice of the postmaster,
which ever is earlier.
pg. 17
VII. Motion in Civil Cases
pg. 18
a) Friday is non-working-> next working holiday
b) motions requiring immediate attention
Failure to comply with
Illustrated:
a) grounds available at the time motion to dismiss was filed: no coa, no juris, statute of frauds,
improper venue, and prescription.
b) movant only assailed the first 3.
c) motion was denied.
d) Answer: thus, improper venue is waived BUT prescription is not waived.
pg. 19
CHAPTER II: Cause of Action and Actions
Coa vs Action
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pg. 20
Action- suit filed in a court for the enforcement or protection of a right or the prevention or
redress of a wrong
Coa- basis of the action
All elements of a Coa must be stated in the complaint.
Dismissal of the complaint:
Lack of CoA Failure to state CoA
Failure to prove or to establish by evidence one’s Insufficiency in the allegations in the complaint
stated Coa/ states no Coa to establish Coa
Raised in the demurrer to evidence under Rule 33 Ground for dismissal under Rule 16 before a
after the plaintiff has rested his case and can be responsive pleading is filed and can be
resolved only on the basis of evidence he has determined only from the allegations of the
presented in support of his claim. pleadings and not from evidentiary matters.
pg. 21
Conditions precedent:
Some Coa has condition precedent that need be complied with. Failure to comply is a ground
for a motion to dismiss under Rule 16.
Pleading of a
1. a judgement or decision of a domestic or foreign tribunal:
it is sufficient to aver the judgement or decision. No need to aver details showing jurisdiction.
Under Sec 3, Rule 131, there is a presumption that a court has jurisdiction.
6. actionable documents.
- a document relied upon by either plaintiff or defendant
- to plead, pleader is to set forth in the pleading the substance of the instrument or the
document, and to attach the original or the copy of the document to the pleading as an exhibit
and which shall form part of the pleading OR
- to set forth in the pleading said copy of the instrument or the document.
-How to contest an actionable document: The party who has no intent of admitting the
genuineness and due execution of the document must contest the same by:
a) specifically denying the genuineness and due execution of the document under oath
b) setting forth what he claims to be the facts
Defenses cut off by absence of oath Defenses NOT cut off by absence of oath
a) forger, a)payment
pg. 22
b) lack of authority to execute document, b) want of consideration
c) that the party who signed it made it in c)illegality of consideration
another capacity than that set in the d) usury
document, e) fraud
d) or that the document was never
delivered, ratio: these defenses are not inconsistent
e) or that the document was not in the with admission of genuineness and due
words and figures set out in the execution of the instrument and are not
pleadings, etc. therefore, barred.
Note: if answer opposing the pleading is unverified or denial in bad faith (lacks
knowledge of such document), genuineness and due execution deemed admitted. Thus,
proper ground for judgment on the pleading.
pg. 23
GR: Obligation on installment basis, gives rise to divisible independent obligations.
Each default, separate suit. But if pending suit for one installment, one becomes due,
plaintiff may file a supplemental pleading.
Exp:Anticipatory breach
Eg. when a person is obliged to deliver good every month for 10 years, but refuses to
make any delivery under the contract-> it is an unqualified and positive refusal to
perform his part of the agreement. Breach is total and there is only one coa.
- effect of splitting
filing or judgment of one upon the merits is available as a ground for the dismissal of
others.
If 2nd action is filed pending 1st action= basis: litis pendencia
If 2nd action has been decided when 2nd action filed= basis: res judicata
Note: it is not necessary that the 2nd action be dismissed. It is a matter of judicial discretion.
- Joinder of parties, coas must arise from single transaction or series of transaction and there
must be a common question of law or fact. And that there are two or more defendants or
plaintiffs.
- note: claim for atty’s fees and litigation expenses and costs are not to be included in the
computation of jurisdiction.
pg. 24
II. Actions
Action- legal and formal demand of one’s right from another person made and insisted upon in
a court of justice. (aka. Suit)
Civil action One by which a party sues another for the enforcement or protection of a right , of the
prevention or rederss of a wrong. Primary purpose: compensatory
Criminal action one by which the state prosecutes a person for an act or omission punishable by law.
Primary purpose: punishment.
Special civil action to establish a status, a right or a particular fact.
pg. 25
Personal property: transitory, venue depends upon the residence of the plaintiff or the
defendant at the option of the plaintiff.
I. Jurisdiction
Jurisdiction: power and authority of the court to hear, try and decide a case, and the power to
enforce its determination.
Jurisdiction is the power of the court and not that of the judge.
Test of jurisdiction: WON the court has the power to enter into the inquiry and WON the
decision is right or wrong.
Jurisdiction over the subject matter is a matter of substantive law. Jurisdiction over the
parties, res, and issues are matters of procedure.
Can not be subject to waiver or stipulation of the parties.
It is the duty of the court to look at first if it has jurisdiction before proceeding to other matters.
It may motu pro prio dismiss case if it has jurisdiction.
Power to exercise jurisdiction may be enforced by mandamus.
Jurisdiction vs exercise of jurisdiction:
Jurisdiction: authority
Exercise: decisions made
- Errors of judgment: errors committed in the exercise of jurisdiction
- Error of judgment vs error of jurisdiction:
Error of judgment Error in jurisdiction:
as long as the court act within its jurisdiction, one where the act complained of was issued
any alleged errors committed in the exercise by the court without or in excess of
of its discretion will amount to nothing more jurisdiction or grave abuse of discretion
than mere errors of judgment.
Corrected by appeal Corrected by certiorari
pg. 26
Not void Decision is void
- Lack of jurisdiction
- If court does not have the legal power to determine the case
- Excess of jurisdiction
- Court is clothed with power but oversteps its authority determined by law
- Jurisdiction vs cause of action
Jurisdiction Cause of action
Authority Act or omission violative of rights of others
Conferred by law Not. But exist bec a right is violated
Subject matter: item with respect to which the controversy has arisen, or concerning which
the wrong has been done, and it ordinarily the right, the thing, or contract under dispute.
How it is conferred: Substantive Law or statute, thus it can not be subject to:
a) administrative policy of any court
b) by court’s unilateral assumption of jurisdiction
c) court’s erroneous belief
d) by agreement of the parties, their silence, or waiver
pg. 27
Determining jurisdiction over the subject matter:
jurisdiction is determined by the allegations of the complaint, the initiatory pleading.
Regardless of WON the plaintiff is entitled to his claims asserted therein.
it is not determined by the defenses or by evidences in the trial.
yet if court, after hearing, the real issue determined and belongs to another court, the court
should dismiss the case for lack of jurisdiction.
In a case of reconveyance of real property, the alleged value in the complaint is 11k but the
uncontroverted value in the tax declaration raised as a defense is 50k. the latter prevails.
it is not determined by the amount substantiated or awarded. Thus if RTC has juris, lesser
reward does not divest it of its jurisdiction. BUT this rule does not apply in REVERSE. Thus if
MTC has juris, greater reward divests it of its jurisdiction.
- Exception to the above rule:
The same is not applied with rigidity in ejectment cases in which the defendant averred the
defense of the existence of a tenancy relationship between the parties.
Provided: there must first be reception of evidence and, if after hearing, tenancy had in fact
been shown to be the real issue, court may dismiss for lack of jurisdiction.
- Jurisdiction, being a matter of substantive law, statute in force at the time of the
commencement of the action determines the jurisdiction of the court.
- Note: ex mero motu: mere motion of a party’s own free will. Same as motu proprio
pg. 28
Jurisdiction over the person
Over the plaintiff: by his filing of the complaint or petition and payment of docket fees. Thus,
voluntary submission. Personal appearance in court is not necessary.
Over the defendant: valid service of summons or his voluntary submission in court.
- Jurisdiction over defendant is only required in action in personam not in in rem or quasi in
rem.
Note: Jurisdiction
Over the person Over the subject matter
Not an exception to omnibus motion rule An exception
Not pleaded- deemed waived Not pleaded- not waived
Acquired by: summons or voluntary Acquired by: allegations in the pleadings
submission
- The inclusion of a motion to dismiss on the ground aside from lack or jurisdiction over the
person of the defendant shall not be deemed voluntary appearance ( Sec 20, R14).
How conferred:
-Conferred and determined by the pleadings of the parties.
pg. 29
-may be conferred by stipulation of the parties, by entering into stipulations of facts and
documents or enter into an agreement simplifying the issues of the case.
- may be conferred by waiver or failure to object to the presentation of evidence on a matter not
raised in the pleadings.
- Issues may be tried even if not raised in the pleadings if made with the express or implied
consent of the parties. Treated as if they were raised in the pleadings.
Thus, the pleadings may be amended upon motion or it is considered impliedly amended.
TEST: WON the court can determine the issue raised without reviewing or evaluating the
evidence, in which case, it is a question of law; otherwise it is a question of fact.
Coverage:
1. jurisdictional amount:
Outside Metro Manila- P300k
Within Metro Manila- P400k
Applies to real and personal property.
Jurisdiction Said amount does not include: interest, damages of whatever kind (
damages that are merely incidental to or consequence of the main action)
, atty’s fees, litigation expenses, and costs.
Filing fee Included.
Totality Rule: there are several claims or coa between the same or different parties,
embodied in the same complaint, the amount of the demand shall be the totality of the
claims in all the coa, irrespective of won the coa arose out of the same or different
transaction.
2. Has exclusive and original jurisdiction over forcible entry and unlawful detainer cases
regardless of assessed value. Both are ejectment cases (aka. accion interdictal)
All ejectment cases as with its jurisdiction regardless if cases involve ownership issues or
the issue of possession can not be resolved without resolving ownership.
pg. 30
But any adjudication made on ownership by such court is merely provisional. Thus,
without prejudice to an action between same parties involving such.
What it only resolves is possession de facto NOT de jure.
3. Has exclusive and original jurisdiction over civil actions involving title to possession of any
real property or any interest therein where values are:
Outside Metro Manila- P20k
Within Metro Manila- P50k
Value determined by tax declaration or assessed value of adjacent lots.
Assessed value: fair market value of the real property multiplied by the assessment level.
FMV: price at which a property may be sold by a seller, who is not compelled to sell, and
bought by a buyer, who is not compelled to buy.
Thus,jurisdiction over accion puliciana and reinvidicatoria cases are now determined by tax
declaration or assessed value.
7. Special jurisdiction:
a) petitions for habeas corpus ( RTC absent)
8. Summary Procedure
Basic principles:
1) not all pleadings allowed.
ONLY allowed are: complaint, compulsory counterclaim, cross-claim pleaded in the answer,
answer to these pleadings.
PROHIBITED: motion to dismiss, new trial/ recon/ reopening of trial, Relief from judgement,
extension, memoranda, certiorari/ mandamus/ interlocutory order, declare defendant in
default, dilatory postponement, reply, 3rd party complaints, interventions.
Exp: certiorari allowed when court acted contrary to rules of summary procedure.
pg. 31
2) Court may dismiss case outright if ground exists.
3) Defendant does not answer in 10 days from service of summons- court (motu proprio /
motion) render judgement.
4) No trial. Only preliminary conference.
5) Parties submit affidavits and position papers.
6) Render judgement- 30 days from receipt of last affidavit or position paper or expiration of
period for filing the same.
7) GR: motion to dismiss not allowed. Exp: lack of jurisdiction over subj matter and failiure to
comply with brgy conciliation.
9. small claims:
- RoC applies suppletory to these kinds of cases.
- pleadings prohibited: same as summary procedure BUT add bill of particulars.
- uses forms to be filled up
- purpose: inexpensive and expeditious means to settle disputes.
- NO: lawyers, no formal pleadings, no strict rules on evidence.
- Procedure:
action commenced:
1)filing form I-SCC ( statement of claims, accomplished and verified, duplicate)
2) paying docket and other legal fees (unless, indigent)
3) attachements:
- if with actionable document, accompany with 2 duly certified copies
- affidavits of witnesses and other evidences in support of claim. ( state only facts of personal knowledge), non-
compliance: inadmissible with disciplinary action.
- ratio- evidence not attached shall not be entertained. Unless, good cause.
pg. 32
Within:
Court issue form 2- SCC (
summons): directing to file
Not within jurisdiction: response.
Dismiss case outright.
Basis: allegations in the claim/ Then form 4-SCC, notice to
evidences. appear in court.
Failure to appear:
a) Plaintiff- dismissal of claim. At hearing:
- JDR
END.
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- Settelement form 7-SCC
reponse. Render judgement.
- Resolution form 8-SCC
EXP: several defendants sued - Writing, signed by the parties for court approval ( form 12-SCC). pg. 33
under a common coa and who plead a common defense and
one or more of them appear at
JDR fails:
- JDR to be presided by judge
- -terminated in 1 day
2nd JDR fails
Jurisdiction of the RTC
- Decisions appealble to RTC
- Has general jurisdiction.
Coverage:
1. exclusive and orginal jurisdiction:
a) subj matter not capable of pecuniary estimation.
CAPABLE: jurisdictional amounts
NOT CAPABLE: RTC
Case Capable/ not capable
Action primarily for recovery of money Capable
Nullity of assignment of rights Not
Expropriation Not
Annul GOCC reso Not
Annul deed of declaration of heirs with partition Not
(partition incidental)
Extrajudicial foreclosure of sale of real prop Not (ratio: not real action)
Partition of real prop with determination of Not
hereditary rights
Specific performance Not
Specific performance to compel one to execute deed Not (ratio: main issue is right to
of conveyance covering land compel specific performance)
Specific performance to compel one to execute deed Capable
of conveyance covering land BUT with alternative
answer which asserts where primary action is to
obtain ownership
Specific performance AND damages Not
Specific performance OR damages Capable
Injunction Not
Replevin Capable
Interpleader Capable
pg. 34
3. appellate jurisdiction: decisions of lower courts
Jurisdiction of CA:
- Though not a trial court, have power to try cases, hearing, recevive evid, grant and conduct
new trial or further proceedings.
Coverage:
1. Exclusive and original jurisdiction: annulment of judgement of RTC
2. concurrent and original jurisdiction
a) with SC: certiorari, prohibition, mandamus against RTC, CSC, CBAA, quasi-judicial agencies in
Rule 43, NLRC. Note: follow hierarchy of courts.
b) with SC and RTC: certiorari, prohibition, mandamus against lower courts and bodies and quo
warranto and hbc (won in aid of appellate jurisdiction)
3. exclusive appellate jurisdiction:
a)ordinary appeals from RTC and
FC
b) RTC decision
c) decisions/ reso/ orders/ awards of RTC, CSC, CBAA, quisi-judicial agencies in Rule 43, and
office of ombudsman in admin disciplinary cases.
Note: en banc CTA decision now appealble to SC ( Rule 45).
d) MTC decision on cadastral or land reg cases pursuant to delegated jurisdiction. ( note MTC
decision on this is as if RTC decision).
Jurisdiction of SC:
- GR: Not trier of facts
- Exps:
a)Findings are grounded entirely on speculation/ surmises/ conjectures.
b)inference made: manifestly mistaken/ absurd/ impossible
c) grave abuse of discretion
d) judgment: based on misapprehension of facts
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pg. 35
e) finding of facts: conflicting
f) CA findings: beyond issues of the case or contrary to the admission of parties.
g) findings: contrary to the trial court
h) findings: conclusions without citation of specific evidence on which they are based.
i) facts in the petition, reply briefs: not disputed by respondent
j: findings of fact are premised on the supposed absence of evidence and contradicted by the
evidence on record.
k) CA manifestly overlookes certain relevant facts not disputed by the parties, which if
properly considered, could justify a different conclusion.
Coverage:
1. Exclusive Original jurisdiction in certiorari, prohibition, mandamus against CA, Comelec, Coa,
Sandiganbayan.
3. Appellate jurisdiction (rule 45): CA, Sandiganbayan, RTC on pure questions of law,
constitutionality or validity of law or treaty, international or executive agreement, law pd, proc,
order, instruction, ordinance or regulation, legality of tax/ impost/ assessment/ toll/ penalty,
jurisdiction of lower court and CTA decisions.
Question: may aggrieved party choose between Rule 65 and Ryle 45 for nullification of CA decision
in the exercise of its original or appellate jurisdiction?
Rule 65 not advisable. Appropriate remedy if Rule 45 which shall raise only pure questions of law.
pg. 36
c) annulment of marriage/ dec of nullity of marriage/ those relating to status or property relations
of H/W or those living together under different status and agreements, and petitions for
dissolution of cpg.
d) petitions for support/ acknowledgement
e) summary judicial proceedings under Family Code
f) petitions for declaration of status of children as: abandoned, dependent, neglected
g) petitions for voluntary or involuntary commitment of children
h) suspension/ termination/ restoration of parental authority
i) petition for the constitution of family home
Venue: place or the geographical area where an action is to be filed and tried.
Civil cases: relates only to place of suit.
Crim cases: place of suit and jurisdiction
In determining venue, steps:
1. determine WON real or personal
2. application of the rule 4, Roc
pg. 37
and payment of accrued rentals.
Stipulations on venue:
- Parties may agree which could be place where they or neither of them resides.
- Agreement valid: a) writing; b) made before filing of action; c) words of exclusivity of
venues (eg. only, solely, exclusively, in no other court, particularly, nowhere else but)- if
exclusive= only in such venue stipulated; if not or merely permissive= in addition to where
parties reside).
Denial of a motion to dismiss based on improper venue is not appealable.
- Merely interlocutory order
- Remedy: file an answer and interpose the ground as an affirmative defense, go to trial and
appeal from the adverse judgment.
- But is denial is tainted with grave abuse of discretion- remedy is certiorari/ prohibition.
Case dismissed on ground of improper venue and not lack of jurisdiction. Note that territorial
jurisdiction is irrelevant in civil cases.
-Venue vs jurisdiction
Venue Jurisdiction
Place where case to be heard Authority to hear and determine case
Procedural law Substantive law
Establishes relation between plaintiff and Between court and subject matter
defendant
May be conferred by agreement/ law By law
Not ground for motu proprio dismissal Ground
pg. 38
III. Parties (Rule 3)
Two main categories:
Plaintiff- claiming party or more appropriately, original claiming party and one who files the
complaint or party claiming in a counterclaim, etc
Defendant- party against whom there is a claim
Person not authorized Motion to dismiss on the ground that the pleading asserting the
:defendant claim states no cause of action or failure to state cause of action
Ratio: there cannot be a coa against one who cannot be a party to a
civil action.
Plaintiff not real party in Motion to dismiss on the ground that the pleading asserting the
interest claim states no cause of action or failure to state cause of action
Failure to include name of not fatal. Averments are controlling and not the title. Court goes
a party in the title. into the substance of the complaint.
pg. 39
Non joinder of IPs 1. court order them to be impleaded.
2. court order ignored. still not all are impleaded, case dismissed.
Thus all court actions are null and void and will not bind strangers.
Failure to implead NP Action will proceed. Judmenet valid but withour prejudice to right
of such NP.
Court ordered NP be failure to comply: a waiver of claim against such party.
impleaded
- 3rd party to an amicable settlement can not ask for its enforcement, modification,
amendment.
Real-party-in-interest
Agency A mere agent can not sue on a contract entered into
in behalf of his principal.
An agent, acting in his own name and for benefit of
unknown principal, may be sued. Except when it
involves properties belonging to the principal. Atty-
in-fact is not real party in interest
Possessor not the owner in a recovery Lawful possessor disturbed of his possession.
of possession/ forcible entry.
Damages arising from Deterioration Owner
to property
Corporate office illegally searched. Corporation alone through officers.
If officers refuse- corp may sue through STHs
(latter as nominal party).
ejectment Co-owners
Annulment of marriage H or W
Partnership Partnership
Reversion of public lands Person occupying the land
pg. 40
-every action must be prosecuted and defended in the name of the real party in interest.
- even if made in the name of a person in the representative capacity, the name of the
beneficiary must be included in the title.
Indispensible parties-
- a party who has such an interest in the controversy or subj matter that a final adjudication
cannot be made, in his absence, without injuring or affecting his interest,
-a party who has not only an interest in the subj matter of the controversy, but also has an
interest of such nature that a final decree cannot be made without affecting his interest or
leaving the controversy in such a condition that its final determination may be wholly
inconsistent with equity and good conscience.
-a person whose absence there cannot be a determination between the parties alredy before the
court which is effective, complete, or equitable.
-a rpii without whom no final determination can be had of an action. Without such, court
decision can not attain real finality.
- one who must be included in an action before it may properly go forward.
-absent- case will be dismissed.
-joinder of IP is mandatory.
-Not IP: if his interest in the controversy is separable.
- not sufficient reason to declare a person to be IP that his presence will avoid multiple
litigation.
Necessary Parties
- Action will proceed. Judmenet valid but withour prejudice to right of such NP.
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pg. 41
- duty of pleader if NP not impleaded:
a) set forth the name of said NP
b) state the reason why not impleaded. ( eg. NP outside jurisdiction)
- if reason is unmeritorious: court may order same to be imlpeaded.
- failure to comply: a waiver of claim against such party.
IPs NPs
Indispensible parties must be joined Necessary parties must be added whenever
possible.
Mandatory Permissive
Interest in subj matter is inseparable Interest in subj matter is separable
Joined for case to proceed and for case not to Joined to afford complete relief to already
be dismissed. parties and avoid multiple suit.
If not joined ALL court actions are null and If not joined, court may decide and decision is
void without prejudice to the rights of necessary
parties.
As applied:
Joint obligation cd may sue either or both for their share. Each db is necessary party
to each other’s case filed by cd against either.
Solidary obligation cd may sue against either or both for the whole.
Each db is not indispensible party to each other’s case filed by cd
against either.
Solidarity does not make solidary obligor IP in a suit filed by cd.
A owes B price of car. C If B files, C and A are IPs.
sub A. No novation. B Ratio: B would have right to foreclose or reposses car withour
did not consent. establishing that default of A unless the obli of A to B was assigned
C failed to pay car. to C with the consent of B thereby novating the obli.
Foreclosure/ replevin
Property pendente lite Transferee no IP because he is bound by any judgement.
Person in office IP in a case challenging his right to office
Reconveyance of Person against whom reconveyance is asserted if IP
property
Unwilling co-plaintiff
- party who is supposed to be a plaintiff but whose consent to be joined as plaintiff cannot be
obtained as when he refuses.
- He may be: a) made defendant and b)reason be stated.
Alternative defendants
- When plaintiff cannot definitely identify who among two or more persons should be
impleaded as defendant, he may join all in the alternative, although the right of relief
against one is inconsistent with another.
pg. 42
- Becomes ground for dismissal if court orders to drop/ joint but parties do not foolow. (Sec3,
Rule 17, Roc)
Misjoinder Non joinder
Person made a party to the action although Party is not joined when he is supposed to be
he should not be impleaded joined but is not impleaded.
- Rule presupposes that original inclusion or non-inclusion had been made in the honest
conviction that it was proper and that it was a mistake. Not whimsical or irrational.
Unknown defendant
- Whenever the identity or name of the defendant is unknown, he may be sued as the
unknown owner heir, devisee, other designation as the case may require
- When his identity is discovered- pleading must be amended accordingly.
Death of client
-extinguishes the atty-client relationship.
- dead client has no personality, cannot be represented by lawyer
-does not automatically be lawyers of heirs UNLESS hired.
- Duty of counsel: inform court within 30 days after such death.
Mandatory. Failure to comply: ground for disciplinary action.
- Effect on case: court shall determine if such claim is extinguished.
If claim survives death court shall order legal rep of the deceased to appear and
be substituted for the deceased within 30 days from
notice.
If does not survive extinguish the action. Dismiss case.
If no heirs court to appoint executor/admin administrator.
If heirs are minors or incap court to appoint guardian ad litem
- Present rule: heirs do not need to first secure appointment because from the moment of
death, they step into the shoes of the deceased. Said heirs may elect among them
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pg. 43
- Service of summons is not required to effect a substitution. Instead, court orders their
appearance.
- What effects substitution: order of substitution and its service
Non-compliance: no jurisdiction over the person of the leg rep of heirs of the
deceased. Trial infirm.
But in ejection proceeding- failure to inform court, does not deprive court of
jurisdiction.
Decision in such is binding parties/ heirs/ defendant
- Formal substitution is not necessary when heirs themselves voluntary appeared in the
action, participated therein and presented evidence in defense of deceased defendant.
Incompetency or incapacity of a party during the pendency of action- court ( upon motion)
may allow its continuance provided it be with assistance of legal guardian.
Incompetency or incapacity court ( upon motion) may allow its continuance provided it be
with assistance of legal guardian.
Transfer of interest Action maybe continued by original party UNLESS the court
upon motion direct the transferee to be substituted or joined
with original party.
Indigent parties
-may be allowed as such when court authorizes him.
-application and the hearing to litigate as an indigent litigant may be made ex parte.
-if allowed: exempt from payment of docket fees, transcripts, notes. Such amount will be a lien
on the judgment rendered UNLESS court provides otherwise.
pg. 44
Liability of the spouse to cds for family expenses shall however, be solidary.
Class suit
- An action where one or more may sue for the benefit of all if the requisites for said action
are complied with.
- Requisites:
a) subject matter: common or general interest to many persons
-not commonality in the questions of facts or law involved in the issue. But commonality in
the subj matter ( physical things, personal/ real)
b) persons- too numerous that it is impracticable to join all as parties
c) parties actually before the court are sufficiently numerous and representative as to fully
protect the interest of all concerned.
d) the representative sue or defend for the benefit of all.
- No class suit:
- residents of a town where injured by gas leak of a plant. ( each must prove own injury)
- relatives of victims of a plane crash
-interests are conflicting:
- corporation to recover property of its members, owned in their personal capacity.
- recovery of portions of a property, as each could allege and prove their respective rights.
No identical title.
- recover real property individually held.
- damages for personal reputation ( libelous article against individual sugar planters)
pg. 45
IV. Filing, Amendment and Dismissal by plaintiff
By leave of court:
- Made after service of responsive pleading. Ratio: defense already made. Amending
complaint will also amend defense.
- Can not be made to correct jurisdictional defect.
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pg. 46
There is COA but plaintiff failed to state it at Amendment maybe made to cure a failure to
the time it was filed. state coa or to conform with the evidence
presented during the trial and was not
objected to.
NO COA in the first place at the time it was NO amendment can be made where there was
filed but only arose during the trial. Was no cause of action at the time it was filed.
brought prematurely. Thus where the complaint was filed at a time
where no coa has yet accrued in favor of
plaintiff, an amendment cannot cure the
defect. No coa to cure in the first place.
Although the original pleading is deemed superseded by the pleading that amends it, it does not
ipso facto follow that service of new summons is required. If parties have already appeared
before court by virtue of the original complaint, no need for new summons even if new coa is
alleged.
- Ratio: jurisdiction continues until the case is finally terminated once it is acquired. And new
summons is only needed when court has not yet acquired jurisdiction over parties. When
there is new defendant, issue summons upon him.
Supplemental pleading:
pg. 47
- One which sets forth transactions, occurrences, or events which have happened since the
date of the pleadings sought to be supplemented.
- It does not replace the original pleading. It only supports it.
- Requires leave of court. Court will allow it upon such terms as just.
- Made by: filing of a motion with notice to all parties.
- Denied: When coa in the SP is different from that in the original pleading.
- Answer to SP must be made within 10 days from notuce of the order admitting the SP.
Answer to it is not mandatory. Answer to the original complaint shall serve as the answer to
the SP if not new supplemental answer is filed.
Notice of dismissal
-when: a matter of right
a) before service of an answer ( note: service not filing)
b) before service of a motion for summary judgment
- upon filing such, court shall issue an order confirming the dismissal.
-note that it is not the order of dismissal that dismisses the case because it merely confirms the
dismissal. Court has no discretion as to its dismissal.
-dismissal occurs as of the date of the filing of the notice and NOT when the court issues order.
- GR: dismissal herein is WITHOUT prejudice (thus, can be refilled).
Exp:
a) notice of dismissal provides that it is with prejudice
b) plaintiff has previously dismissed the same case in a court of competent jurisdiction.
-Two-dismissal Rule:
Applies to:
a) twice dismissed actions
b) based on or including the same claim
c) in a court action of competent jurisdiction.
- to apply: complaints must have been dismissed in a court of competent jurisdiction.
- Claim may only be filed twice. the second notice of dismissal will bar the refiling of the
action because it will operate as an adjudication of the claim upon the merits.
1. orginal=notice of dismissal= case dismissal without prejudice.
2. refiled= notice of dismissal= case dismissal with prejudice.
Motion to dismiss
-when: needs court approval
a) after service of an answer ( note: service not filing)
b) after service of a motion for summary judgment
- dismissal shall be limited to the complaint. Thus, counterclaim is not dismissed ( compulsory
or permissive). Defendant may prosecute his counterclaim either in a separate or the same
action.
Preference made is
Same action He should notify the court of his preference within 15 days from the
pg. 48
notice of the plaintiff’s motion to dismiss.
Separate action The court should render the order granting and reserving his right to
prosecute his claim in a separate complaint.
V. Summons
Summons: writ by which the defendant is notified of the action brought against it.
Issuance thereof is ministerial and mandatory upon coc.
Served by sheriff, his deputy, other proper court officer, or person authorized by court.
Directed upon defendant.
Made upon: filing and payment of docket fees.
Purpose: due process.
Action in personam notify defendant and acquire jurisdiction over him. Mere
knowledge of the case against him without service of summon,
no juris upon defendant.
Action in rem or Quasi in rem Jurisdiction upon defendant is not mandatory as long as juris
upon res.
Note:
Jurisdiction over the person:
a) personal service
b) substituted service
c) publication ( if resident temporarily out of the country/ identity of defendant unknown)
extraterritorial service.
pg. 49
Upon completion of service:
-server, 5 days from completion of service, serve a copy of the return to plaintiff’s counsel and
shall return the summons to coc who issued it, accompanied by proof of service.
-proof of service:
-made in writing;
- set forth the manner, place, and date of service;
-specify papers that were served;
-name of the person who received the same;
- and shall be sworn to when made by a person other than a sheriff or his deputy.
GR: rules on service of summons same in all trial courts.
Exp: a) provision expressly or impliedly applies only to a certain court.
b) civil cases governed by the rules on summary procedure.
Content:
a)Name of the court
b) Name of parties
c) direction that defendant should answer in the time fixed by law
d) notice that unless the defendant so answers, plaintiff will take judgment by default and may
be granted the relief prayed for by plaintiff.
e) copy of complaint and appointment of guardian ad litem ( if necessary) shall be attached to
the original and each copy of the summons.
- defective service of summons and defendant did not challenge jurisdiction: defect is
deemed waived and jurisdiction upon him is valid.
pg. 50
unknown
despite diligent
inquiry
Resident Either: a) personal service; b) publication in a newspaper of general
temporarily out circulation WITH registered mailing of a copy of the summons and the order
of Phil of the court to the last known address of defendant; c) any manner of the
court may deem sufficient.
-applies to action personam, in rem, quasi in rem.
Note however that publication is not necessary because substituted service of
summons may be made.
Foreign private Transacted business in the Philippines, made upon: a) resident agent
juridical entity designated in accordance with law; b) if no agent, govt official designated by
law; or c) on any of its officers or agents within the Philippines.
pg. 51
Several attempts by the sheriff should be made. Which means 3 tries in at least 2 different
dates. Facts as to these attempts must be cited by sheriff in the Return of Summons. Absent
such or when cited in general terms, does not justify substituted service.
How made:
a) leaving copies of the summons at the defendant’s residence to a person of suitable age
and discretion residing therein ( at least 18 yo and able to read and write and relation of
confidence to the defendant)
- discretion: the ability to make decisions which represent a responsible choice and for
which an understanding of what is lawful, right or wise may be presupposed.
b) leaving copies of the summons at the defendant’s office or regular place of business to a
competent person in charge thereof.
- one managing the office or business of defendant, such as the president or manager; and
such individual must have sufficient knowledge to understand the obligation of the
defendant in the summon, its importance, and the prejudicial effect arising from inaction
on the summons.
- it is not important that such person be authorized, it is only important that he appears to
be in charge.
Validity of substituted service of summons is not affected by the fact that it was not actually
received by defendant. Sheriff not require to verify that he did receive it.
C. Summons by publication
Publication: notive to thw whole worlds that the proceeding has for its object to bar indefinitely
all who might be minded to make an objection of any sort against the right sought to be
established.
- It brings the whole world as party to the case.
pg. 52
a) defendant is non resident
b) he is not found in Phil
c) action against him: rem/ quasi in rem:
examples:
- Actions that affect the personal statues of the plaintiff
- Actions which relate to, or the subject matter of which is property within Phil, in
which defendant claims a lien or interest, actual or contingent.
- Actions in which the relief demanded consists, wholly or in part, in excluding the
defendant from an interest in property located in Phil
- when defendant’s property has been attached in the Phil
Note: res is a) personal status of plaintiff/ b) property subject to litigation in the Phil.
If defendant is:
a) non-resident
b) not found in the country
may be served extraterritorially in 4 instances:
a) when the action affect the personal status of the plaintiff
b) when the action relates to, or the subject of which is property within the Philippines, in
which the defendant claims a lien or interest, actual or contingent.
c) When the relief demanded in such action consists, wholly or in part, in excluding the
defendant from any interest in property located in the Philippines
d) When the defendant non-resident’s property has been attached within the Philippines
Situation: SC decision
American tourist owing big hotel bills, left the Judgment void.
country without paying. Hotel filed a case and Ratio: summons by publication futile.
asked for summons by publication. Granted Jurisdiction over the defendant was never
and decision rendered in their favor. acquired. Action in personam.
Balikbayan, former Filipino now naturalized Judgment valid.
Canadian citizen, inherited a parcel of land. Ratio: Action is quasi in rem. Jurisdiction
Obtained loan and made a mortgage. Left over the person not necessary. Important is
without paying debt. Extraterritorial service juris over the res.
made. Decision in their favor rendered.
Balikbayan, former Filipino now naturalized Judgment valid.
Canadian citizen, has properties in Ph. Action is Ratio: Provided, attachment is made on the
in personam. Decision in their favor rendered. property of defendant. Thus, in personam
action is converted to quasi in rem.
pg. 53
Summons by publication is sufficient to
comply with due process.
Mexican ( phil tourist) forced a Filipina to Decree valid.
marry him. He left Ph to visit his parents. Action is in rem. Juris over res is enough.
While there, wife filed for annulment of
marriage with damages. Damages not valid
- Extraterritorial service + summons Action in personma. Juris over the person of
and order were mailed. defendant is mandated.
- Decree was then issued
- Granted damages
A filed complaint for partition against H and W Action is quasi in rem.
who are US residents. H is a Phil lawyer who Thus since personal service or publication
commutes between US and Manila. not made it may be made in “any other
- Service made upon H who was in manner as the court may deem proper”.
Manila then. He refused. Sherrif Service to husband is then another manner.
served W through H. But server should justify this mode availed
of.
pg. 54
VI. Proceeding after service of summons
pg. 55
- if granted and the pleader MUST submit bill of particulars within 10 days from the notice
of the order or within the period fixed by court.
- pleader may comply through: filing a separate or amended pleading.
-bop submitted becomes part of the pleading for which it is intended.
-Non compliance:
b.1)striking out of the pleading.
b.2) striking out of portions of the pleading to which the order was directed.
b.3) order as it may deem just.
c) hold hearing for the motion ( court not mandated)
B. Motion to Dismiss:
Note: within one day from receipt of the complaint, summons shall contain a reminder to the
defendant to observe restraint in filing a motion to dismiss and instead allege the ground
thereof as defenses in the answer.
-If there is a ground for dismissal, defendant may:
a) file a M2d or
b) allege the ground as an affirmative defense.
- M2D is not a pleading. Merely a motion, which is an application for relief other than by a
pleading.
pg. 56
affirmative defense hearing
- f) res judicata
-basis: public policy and individual cannot be vexed twice.
- two concepts:
Bar by a former judgment Bars prosecution of a second action upon the same claim,
demand, or coa
Conclusiveness of judgment A fact of question which was in issue in a former suit and
was judicially passed upon and determined by court of
competent juris, is conclusively settled and cannot again be
litigated in any future action in the same or other court and
on either same or different coa.
-elements:
a) the former judgment must be final
pg. 57
b) court which rendered it has jurisdiction over the subj matter and the parties
c) judgment on the merits
d) there must be between the 1st and 2nd actions, identity of parties, sunj matter, and coa.
- it does not requires absolute similarity identity of parties. Only substantial.
- substantial: when there is community of interest or rpivity of interest between a party
in the 1st and 2nd case even if the first case did not implead the latter.
-A denial of a motion to dismiss does not preclude any future reliance on the grounds relied
thereupon.
Remedy of defendant if motion is denied: 1) he may file his answer within the balance
interlocutory order. period, but not less than 5 days.
2) certiorari, prohibition, mandamus:
a) Certiorari/ prohibition: when denial was
tainted with grave abuse of discretion
amounting to lack of jurisdiction
b) Mandamus: respondent court unlawfully
neglected the performance of an act which the
law specifically enjoins.
pg. 58
- Dismissal shall be without prejudice to the prosecution in the same or a separate action of a
counterclaim pleaded in the answer of defendant.
A. Answer
- answer: pleading in which the defending party sets forth his defenses.
- there is no answer to a reply.
a) Negative answer:
material averments alleged in the pleading of the claimant are specifically denied. It is a form
of a specific denial.
pg. 59
b) conclusions in a pleading which to not have to be denied at all because only the ultimate
facts need be alleged in a pleading.
c) non-material averments
-GR: admission in a pleading cannot be controverted by the party making such admission
because the admission is conclusive as to him.
Exp: contradict own judicial admission when:
a) by showing that the admission was made through palpable mistake
b) that no such admission was made.
Specific denial:
-Purpose of specific denial: lay down cards on the table. make him disclose matters alleged in
the complaint which he succinctly intends to disprove at trial, together with the matter which
he relied upon to support the denial.
-using words “ specifically/ specific denial” not enough.
b) partial denial
-defendant does not make a total denial of the material allegations in a specific
paragraph
c) denial by disavowal of knowledge
-defendant alleges that he is without knowledge or information sufficient to form a
belief as to the truth of a material averment made in the complaint.
- must be made in good faith.
- if made in bad faith-> considered an admission.
b) denial of allegations of usury in a complaint to recover usurious interest. Specific denial of:
- allegatios of usury in a complaint.
- comaplaint is filed to recover usurious interest.
pg. 60
Negative pregnant: not a specific denial, actually an admission.
- It is an affirmative and which although is stated in a negative form really admits the
allegations to which it relates.
Denial Example:
Specific denial: absolute “Defendant denies the truth of paragraph 7…”
Specific denial: partial “Defendant admits that collision happened but
denies that it was through his fault”
Specific denial: no knowledge “ Defendant has no knowledge of…”
Negative pregnant Complaint: P lend D for P500k
NP: Defendant specificall denies that P lend him
500k ( note: mere repetition)
a) Affirmative answer:
when it alleges new matters which, while hypothetically admitting the allegations of the
pleading of the claimant, would nevertheless, prevent or bar recovery by the claiming party.
- Avoidance of the claim not merely denial of plaintiff’s coa.
- Includes: fraud/ statute of limitation/ release/ payment/ illegality/ statute of frauds/
estoppels/ former recovery/ discharge in bankruptcy/ any other matter by way of
confession and avoidance.
- Affirmative defenses are not automatically as such. It must be of such nature as to bar the
plaintiff from claiming on his coa.
B. Counterclaim
-any claim in a pleading which defending party may have against opposing party.
- “any claim”: money or some other relief against an opposing party.
- purpose: prevent multiplicity of suits.
- it is not intrinsically a part of an answer because it is a separate pleading. But it may be included in
the answer ( Answer with a counterclaim)
- Motion to dismiss with a counterclaim is not allowed.
- kinds:
a) compulsory counterclaim
- Requirements:
a.1) arises out of, or is necessarily connected with the transaction or occurrence which is the
subject matter of the opposing party’s claim.
a.2) does not require for its adjudication the presence of 3 rd parties over whom the court
cannot acquire jurisdiction; and
a.3) the court has jurisdiction to entertain both as to the amount and nature.
- if not within jurisdiction, the same may still be alleged to weaken the plaintiff’s claim. OR
- if not within jurisdiction, pleader may waive the excess.
- even if not within jurisdiction: still a counterclaim.
pg. 61
Test of compulsoriness: logical relation between the claim alleged in the complaint and that in
the counterclaim.
Compulsory or not?
-are the issues of fact or law raised by the claim and counterclaim are largely the same?
- would res judicata bar a subsequent suit on defendant’s claims, absent the compulsory
counterclaim rule?
- will substantially the same evidence support or refute plaintiff’s claim as well as defendant’s
counterclaim?
-if there any logical relation between the claim and counterclaim, such that the conduct of
separate trial of the respective claims of the parties would entail a substantial duplication of
effort and time by the parties and the court?
-a party who desires to plead a compulsory counterclaim should not file a motion to dismiss.
But if he opts to pursue counterclaim, he may use his ground for dismissal as an affirmative
defense in his answer.
a) sec 6, rule 16 defendant does not file a m2d and uses grounds for dismissal as
affirmative defense with a counterclaim. Then a preliminary hearing. If
case is dismissed, counterclaim, ( cc or pc) is not dismissed.
b) sec 2, Rule 17 plaintiff files m2d after defendant answers with a counterclaim. If
motion is granted, dismissal limited to complaint.
Defendant has right to prosecute his claim in a separate action unless
within 15 days from the notice of the motion he manifests his preference
to have his counterclaim resolved in the same action.
c) sec 3, rule 17 Complaint is dismissed through plaintiffs fault and cc already set up,
pg. 62
same as above.
b) permissive counterclaim
- if any of the elements of a compulsory counterclaim is absent.
compulsory Permissive
Cc which a party has at the time the answer Does not apply
is filed, is contained therein.
If not set up: barred.
Not an initiatory pleading Initiatory pleading
Not needed Should be accompanied by a certification
against Forum shopping and certification
issued by lupong tagapamayapa to file suit
Need not be answered: merely reiterates Must be answered by the party against
special defenses are deemed controverted whom it is interposed.
even without reply; or raises issues which Failure: may be declared in default of the
are deemed automatically joined by the counterclaim.
allegations of the complaint.
Need not be answered.
Docket and other lawful fess should be paid Docket and other lawful fess should be paid
C. Cross-claim
-any claim by one party against a co-party arising out of the transaction of occurrence that is the
subject matter either of the original action of a counterclaim therein.
- a cross-claim that a party has at the time the answer is filed shall be contained in said answer. Set up
in the same action.
C-c existing at the time the Amended pleading Set up in the amended
answer is filed pleading
C-c existed only after answer was Supplemental pleading Presented in the
filed. supplemental pleading
-counterclaim vs cross-claim
cc c-c
Against opposing party Against a co-party
May or may not Rise from the transaction or occurrence that is the subj
matter of the original complaint or counterclaim
pg. 63
D. 3rd (4th, etc) – Party Complaint
- a claim which a defending party may, with leave of court, file against a person who is not yet a party
to the action for:
a) contribution,
b)indemnity,
c) subrogation,
d) other relief
- complaint independent of and separate and distinct from the plaintiff’s complaint.
-defendant has no vested right to file this complaint. Court may disallow it.
- not proper to file a 3rd party complaint against one who is already a party to the action
-Leave of court: this complaint needs court approval.
-Period to answer 3PC: 15 days from service summons.
E. Intervention
- legal proceeding by which a person who is not a party to the action is permitted by the court to
become a party by intervening in a pending action after meeting the conditions and requirements set
by the RoC.
- 3rd person not originally impleaded in the action.
- purpose: to enable 3rd party to protect or preserve a right or interest which may be affected by such
proceeding
- it is an ancillary and supplemental proceeding.
- it cannot alter the nature of the action and issues already joined.
- it is only optional and permissive upon court.
- requisites:
a) there must be a motion for intervention filed BEFORE rendition of judgment by the trial
court
b) by leave of court
c) movant must show in his motion that: 1) legal interest in the a)matter in the litigation/
b)success of either of the parties in the action/ c)against both parties.
d) “legal” interest”: one that is actual and material, direct and of an immediate character, not
merely contingent or expectant so that the intervenor will either gain or lose by the direct
legal operation of the judgment.
pg. 64
a) complaint-in-intervention: assert claim to orginal parties
b) answer- in-intervention: seek to unite with the defending party in resisting a claim against
the latter
2. motion and pleading shall be served upon parties
3. the answer to complaint-in-intervention shall be filed within 15 days from notice of the order
admitting the same, unless court sets a different period.
- time for intervention: at any time before the rendition of judgment by the trial court.
F. Reply
- pleading, the function of which is to deny, or allege facts in denial or avoidance of new matters
alleged by way of defense in the answer and thereby joins or makes issue as to such new matters.
- responsive pleading to an answer
- not a responsive pleading to a cc or c-c
- a proper response cc or c-c: answer to each.
Material allegation in the complaint must be Failure to: complaint deemed admitted
specifically denied
Material allegations in the answer need not be Failure to: answer deemed denied
denied
-reply is advisable if answer is based on an actionable document. Thus plaintiff has to file a reply
under oath to deny is genuineness and due execution,
G. Default
- procedural concept that occurs when the defending party fails to files his answer within the
reglementary period and NOT when he fails to attend pre-trial or trial.
- it is an error to declare defendant in default when answer has already been filed.
pg. 65
d) there must be a proof of the failure to file the answer.
e) defending party must be notified of the motion to declare him in default
f) there must be a hearing of the motion to declare him in default. Mandatory. If not made,
certiorari.
- failure to file and answer under the Rules of summary procedure, defendant NOT declared in
default. INSTEAD, court ( motu proprio/ motion) shall render judgment as may be warranted by the
prayer in the complaint.
Default to answer in Civ Pro Motion: judgement on default
Default to answer in Summ Proc motu proprio/ motion: judgment on complaint
-Effect of default:
Total 1. def loses standing in the court. Prevents him from taking part in the trial.
2. but he is entitled to notices of subsequent proceedings. May participate as a witness
3.it is not an admission of the truth or validity of plaintiff’s claims.
Partial Court shall try the case against all defending parties based on the answers filed and
(In case of render judgment upon the evidence presented where the claim states a common coa
several against them all.
defendants)
-Note that default should be exceptions rather than the rule. Court must set aside when possible.
- implied lifting of the order of default: granting defendant opportunity to file a responsive pleading
after it was declared in default. Such lifting does not need hearing. It only needs to be under oath and
accompanied by affid of merits showing his defenses and filed before judgment is made.
pg. 66
- a judgment rendered against a party in default shall not exceed the amount or be different in kind
from that prayed for nor award unliquidated damages.
Thus, complaint seeks 1M but evidence shows 1.5M, the court can not grant 1.5M.
-GR: answer filed out of time: court will not admit it- default.
Exp: answer files out of time and is allowed by court within its judicial discretion. BUT must be
allowed before declaration of default is made and shown that there was no intention to cause delay.
- not applied:
a) annulment of marriage
b) declaration of nullity of marriage
c) legal separation
-material allegations alleged in the complaint should always be proved.
pg. 67
Judgment on default Judgment on the pleadings Summary judgment
On motion On motion On motion
no answer within reglementary answer is served and filed but the court finds that there is no
period the same fails to tender an genuine issue as to any
issue or admits the material material fact except as to the
allegations of the adverse amount of damages
party’s pleadings -absence of genuine issue
-absence of any factual issue
By plaintiff By plaintiff/ counterclaimant By claimant/ defendant
Judgment based on: complaint Judgment based on: pleadings Judgment based on: pleadings,
and/or evidence the court alone affid, depo, and admissions
requires from plaintiff
adverse party may serve
opposing
affid/depo/admissions atleast
3 days before hearing.
Hearing hearing hearing
- 3 day rule notice before - 10 day rule notice before
hearing hearing
pg. 68
VIII. Pre-trial and Modes of discovery
A.Pre-trial
- procedural device held prior to the trial for the court to consider the ff purposes:
a) a)possibility of an amicable settlement or submission to adr
b) simplify issues
c) necessity or desirability of amendments to the pleadings
d) possibility of obtaining stipulations or admissions of facts and documents to avoid unnecessary
proof.
e) limit number of witnesses
f) advisability of prelim reference of issues to a commissioner
g) propriety of judgment on pleadings, sum judgment, or dismissing the action should there be a
valid ground. Determination of propriety only. Party must still file a motion to effect any of
these.
h) advisability or necessity of suspending the proceedings
i) other matters as may aid in the prompt disposition of the action
Mandatory:
a) in civil cases,
b) crim cases in the sandiganbayan, RTC, MTC, MTCC, MeTC, MCTC
c) civ and crim cases in Rules of Summary Procedure
- before start of Prelim conference: judge must mandate parties to refer case to Phil Mediation Center
(PMC). Mediation fails-> continue with prelim conference.
- How it is called:
a) civil cases: initiated by the plaintiff.
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pg. 69
- a motion is made 5 days after the last pleading has been filed and served. The motion is an ex parte
motion.
- P fails to file this: coc shall issue a notice of pre-trial.
“last pleading” : last permissible pleading that a party can file is the reply to the answer to the last
pleading asserting a claim or expiration of the period to file such, which ever comes first.
- Notice of pre-trial
: served on the counsel of the party if the latter is represented by counsel. Counsel then has duty to
inform party.
: otherwise, party himself
: mandatory no matter what.
: non-appearance excused
Show: valid cause AND represented by counsel (who has power to enter into an amicable settlement
AND adr AND stipulations or admissions- LAHAT dapat or considered as no authority at all)
- counsel’s authority must be in a SPA form.
: filing and contents-
- file with the court their respective pre trial briefs 3 days before date for such.
- Served to adverse party
- Shall contain
a) statement of their willingness to enter into an amicable settlement or adr and indicating
their desired terms
b) summary of admitted facts and proposed stipulation of facts
c) issues to be tries and resolved
d) docu/exhibits to be presented, stating the purpose
e) manifestation of their having availd of or their intention to avail the discovery
procedures or referral to a commissioner.
f) Number and names of the witnesses and the substance of their respective testimonies.
pg. 70
Ratio: no evidence shall be presented and offered during the trial in support of a party’s evidence-in-
chief other than those that have been identified and marked during pre-trial. Exp: for good cause.
:on pre-trial, there is an adherence to “one say examination of witness rule”. Absent settlement, “
adhere to “ most important witness rule”.
: judge shall not allow the termination of pre-trial simply because of the manifestation of the parties
that they cannot settle.
Judge’s duty if they can’t settle
a) inform them of the importance of a pre-trial and its advantages.
b) endeavor to achieve the other purposes of a pre-trial
c) to obtain admission using depositions under Rule 23
d) to obtain answers to admission under Rule 26
e) to obtain answers under Rule 25
f) production of docu or things requested by a party under Rule 27
g) production of results of physical and mental examination under Rule 28
: Pre-trial order
- issued within 10 days after termination of the pre-trial
- order shall contain the ff:
a) matters taken up in the conference
b) action taken thereon
c) amendments allowed to the pleadings
d) agreements or admissions made by the parties as to any of the matters considered.
These are binding and conclusive upon parties.
pg. 71
a) defines and limits the issues to be tried
b) controls the subsequent course of action EXCEPT if modified before trial to prevent manifect
injustice.
B. Modes of Discovery
- Device employed by a party to obtain information about relevant matters on the case from
the adverse party in preparation for the trial
- May be used by all parties to the case
- Purpose: designed to serve as an additional device aside from pre-trial, to narrow and
clarify the basic issues between the parties, to ascertain the facts relative to the issues and to
enable the parties to obtain the fullest possible knowledge of the issues and facts before civil
trial and thus prevent the said trials to be carried on in the dark.
- Duty of court:
a) Preparing summons with in one day from the receipt of complaint
b) Issue an order requiring the parties to avail of the interrogatories under Rule 25;
request for admission under Rule 26; or at their discretion make use of depositions
under Rule 23, 27,28 within 5 days from filing of the answer.
c) Serve copy to defendant and plaintiff together with the summons
- Modes of discovery
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pg. 72
Mode Effect if not filed and served
Rule 23: deposition pending action
Rule 24: depositions before action or
pending appeal
Rule 25: interrogatories to parties failure to serve written interrogatories: may
NOT be compelled by the adverse party to
give testimony in open court or to give
deposition pending appeal UNLESS allowed
by the court/ to prevent failure of justice
Rule 26: admission by adverse party Party who fails to file and serve this request
shall not be permitted to present evidence
on such facts. UNLESS for good cause
permitted by court/ to prevent injustice
Rule 27: production or inspection of
documents and things
Rule 28: physical and mental examination of
persons
1. Deposition:
- taking of testimony of any person, whether he be a party or not, but at the instance of a party to the
action.
- testimony taken out of court.
- a) oral examination; or b) written interrogation
- may be used:
a)(perpetuam rei memoriam: future action pending appeal;
b) benne esse: pending action (Rule 23)
- pending action:
a)With leave of court: before the service of an answer but after jurisdiction is acquired before
defendant or property subj of the action
b)Without leave of court: after service of an answer
pg. 73
a) relative within the 6th degree of consanguinity or affinity or employee or counsel of any of
the parties; or
b)who is a relative within the same degree, or
c) employee of such counsel; or who is financially interested in the action.
-deposition of a prisoner: may only be taken with leave of court and upon such tems as the court may
prescribe.
pg. 74
-other party may also serve cross-interrogatories upon party proposing to take the deposition
within 10 days from service of written interrogatories.
- latter may, within 5 days serve re-direct
- and within 3 days thereafter the other may serve re-cross interrogatories
- copies of all these shall be delivered to the officer before whom the deposition is taken
- officer shall take responses and prepare the record.
2. Interr0gatories to Parties:
- purpose: to elicit material and relevant fact from any adverse party
- Procedure:
1) filing and serving upon the adverse party written interrogatories to be answered by the party
served. If juridical entity – answered by any competent officer.
2) No party, w/o leave of court, serve more than one set of interrogatories to be answered by the
same party.
3) Interrogatories shall be answered fully in writing and shall be signed and sworn to by the
person making them.
4) A copy of the answer to such shall be filed and served on the party who submitted it within 15
days after service thereof. ( 15 days may be extended or shortened by the court).
5) Person who needs to answer may make objection to interrogatories
6) Said objection shall be presented in court within 10 days after service of interrogatories.
7) Filing of objection- have the effect of deferring the filing and service of the answer to the
interrogatories.
pg. 75
-failure to serve written interrogatories: may NOT be compelled by the adverse party to give
testimony in open court or to give deposition pending appeal UNLESS allowed by the court/ to
prevent failure of justice.
- Party who fails to file and serve this request shall not be permitted to present evidence on
such facts. UNLESS for good cause permitted by court/ to prevent injustice
-
-To avoid implied admission= party may file and serve sworn statement deferment. It has
the effect of filing court objection. Court shall decide on such objections, if denied,
compliance must be had.
e) withdrawal of admission: party may be allowed by court to withdraw and amend admission
upon just terms. Motion to be relieved of the effect of his admission.
- Admission is NOT FINAL and NOT IRREVOCABLE.
pg. 76
1) motion must be filed by the party seeking such and must show good cause supporting the same
2) court order shall be issued specifying the time, place, manner or making the inspection and
taking copies and photographs and may prescribe such terms and conditions that are just.
- by requesting and obtaining report or taking deposition of examiner, the party examined is
WAIVES any privilege he may have in that action or any other involving the same controversy,
regarding the testimony of every other person who has examined or may thereafter examine him
in respect of the same mental or physical examination.
pg. 77
4. court may order dismissing the action or
proceeding or any part thereof
5. court may render judgment by default
against disobedient party
6. court may direct the arrest of any party or
agent for disobeying EXCEPT an order to
submit to physical examination
to be sworn 1) may be considered as contempt of court
to admit Situation: party refuses to admit genuineness of
docu or truth of any matter of fact BUT
eventually it was prove that it is genuine and
true
Trial- a judicial process of investigating and determining the legal controversies, starting with
the production of evidence by the plaintiff and ending with his closing arguments.
Hearing- broader term. Covers several stages in the litigation.
When trial unnecessary
When Action
Where the pleading of the parties tender no issue at all Judgment on the pleadings
From the pleadings, affidavits, depositions, and other Summary judgment
papers, there is no genuine issue
Compromise agreement or amicable settlement Judgment on the agreement
during pre-trial or while the trial in progress
Complaint has been dismissed with prejudice Res judicata
Case falls under rules on summary procedure
Parties agree in writing, upon the fact involved in the Trial may be had in part on the facts
litigation, and submit the case for judgment on the disputed upon only.
facts agreed upon, without the introduction of
evidence
pg. 78
Notice of Trial- coc shall notify the parties of the date of trial in such manner as to ensure its
receipt at least 5 days before such date.
In calendaring cases , coc shall give preference to habeas corpus cases, election cases, special
civil actions, and those whose preference is required by law.
Session: 4 trial per day unless pwede pa. hours in the morning dedicated for trial. Afternoons
are for pre-trial, writing decisions, reso, orders, or continuation of trial on merits. Schedule
may be modified upon IBP request in multi-sala courts with few practicing lawyers.
Adjournments
GR: a court may adjourn a trial from day to day, and to any stated time.
Limits: court has no power to adjourn a trial for a period longer than one month from each
adjournment, nor more than 3 months in all, except when authorized by court administrator.
- Motion for postponement should not be filed on the last hour
Reception of evidence:
Who: judge or clerk of court when properly delegated.
When coc receive: default hearings, ex parte hearings, written agreement of the parties.
Trial shall be limited to issues stated in the pre-trial unless court directs for special reasons.
Consolidation or severance:
1. when: actions involve a common question of law or fact pending before the court.
Thus, court may order joint hearing or trial and order CONSOLIDATION of all
actions.
2. when: furtherance of convenience or to avoid prejudice.
Thus, court may order SEPARATE trial for claim, cross- claim, counterclaim, 3rd party
complaint or issues.
Demurrer to evidence
After plaintiff rests its case ( ends presenting evidence on his behalf, and defendant feel that
the plaintiff has not lived up to his burden or proving the material alleagations of his claim an
id therefore, not entitled to the relief sought, he may move for a dismissal aka. demurrer to
evidence.
Demurrer to evidence vs rule 16
Rule 33 Rule 16
Made after plaintiff ends presenting Made before filing of answer
evidence
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pg. 79
One ground Many grounds
If denied, may present his evidence If denied, may file responsive pleading
0rder of this denial is merely interlocutory
If granted, it may not be refiled, remedy is If granted, complaint may be refiled or not
to appeal from the order of dismissal.
Proceed Defendant to
denied present evidence Appellate should not
with trial
remand case.
Should instead render
Demurrer judgment on the basis
to
No appeal. of the evidence
evidence
Case ends. submitted by the
granted Render plaintiff.
dismissal of reversed Defendant loses right
the case appealed to present evidence.
Affirmed.
ends
Demurrer in civil cases Demurer in crim cases
Leave of court is not required With or without leave
If granted, order or dismissal is appealable No. double jeopardy
If denied, def to present evid. If made with leave of court and if denied, accused may
present evidence. Otherwise, he can not.
Judgement: final ruling by a court of competent jurisdiction regarding the right or other matters
submitted to it in an action or proceeding.
- Requisites of a valid judgment:
1. Court must be clothed with authority to hear and determine the matter before it
2. Court must have jurisdiction over the SUBJECT MATTER and PARTIES
3. Parties must have been given an opportunity to adduce evidence in their behalf
4. Evidence must have been considered by the court in deciding
5. Judgment: writing, personally and directly prepared by the judge. Verbal decision has no effect.
6. Judgment: must state clearly the facts and law on which it is based, signed by the judge and files with
the coc. Applies to decision and final orders on the merits NOT to those resolving incidental matters.
- No need to set forth complete recital of facts
- #6 applies to motions to dimiss
- #6 applies to petition for review and motion for reconsideration as mandated by the Constitution
Conflict between the dispositive portion (fallo) and the body of the decision ( ratio decidendi)
- It is the fallo of the judgment that actually settles and declares the rights and obligations of the
parties, finally, definitively, and authoritatively.
- GR: In case of conflict, fallo controls.
Exp: where there is a clear mistake in the fallo.
Clarificatory judgment: where the judgment us difficult to execute because of ambiguity in its terms, it
is suggested that the remedy to avail of it to have the court remove the emabiguity by the filing of this
motion and not to assail the judgment as void.
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pg. 80
Resolutions of the SC: SC denying petitions to review decisions of the CA and minute resolutions are
not decision within purview of the Constitution.
Interlocutory orders:
- Those that determine incidental matters that do not touch on merits of the case or put an end to
proceedings
- Proper remedy in case of improvident IO: certiorari under rule 65
Memorandum decisions
-one rendered by an appellate court and incorporates by reference the findings of facts and conclusions
of law contained in the decision or order under review.
-Ratio for allowing: to avoid cumbersome reproduction and repetition of the decision or the lower court
in the decision of the higher court
- although allowed, appellate court must make full findings of fact and conclusions of law. As long as a
memorandum decision states the nature of the case, summarizes facts with reference to the record and
contains a statement of the applicable laws and jurisprudence and the tribunal’s assessment and
conclusion on the case, judgement is valid.
Rendition of Judgement:
- It is the filing of the same with the clerk of court NOT the prolumgation in court or the writing of
judgment or signing the same. Because even if already written, it is still subject to amendment. NOT
yet a real judgment if not yet filed.
-Deemed submitted for decision: filing of the last pleading, brief, or memorandum required by Roc.
- 90 days (3mos) commences from the submission of the case for decision without memoranda
UNLESS court requires filing memoranda, in which case upong its filing or expiration of period when it
is supposed to be filed.
- no further orders announcing the submission of the case for decision is necessary before they are
deemed submitted for decision.
Judge’s decision
- It is not necessary that the judge who heard the evidence be the same judge who shall pen the
decision. The judge trying the case may die, resign, transferred, etc. Thus, succeeding judge can
examine and evaluate the evidence already presented by going
- There is a disputable presumption that the judge regularly performed his job
situation Effect
Penned by a judge and promulgated during his incumbency Valid and binding
Penned by a judge after his retirement and promulgated after. not
pg. 81
Decision penned by a judge during his incumbency and promulgated after not
his retirement
Ps: when a judge retires, all his authority to decide any case has also retired
with him.
A judge who was permanently transferred to another court of equal Valid and binding
jurisdiction before the case heard by him was decided
Ps: he may pen and sign it and send it to the court where he was originally
sign
- Decisions of the SC forms part of the legal system and judges should take judicial notice thereof.
Stare decisis
-when the SC has laid down a principle of law applicable to a certain state of facts, it will adhere to that
principle and apply it to all future cases where the facts are substantially the same.
- it does not require identity of or privity of parties.
- decisions assume the same authority as the statute itself and, until authoritatively abandoned,
necessarily become, to the extent that they are applicable, the criteria which must control the actuations
not only of those called upon to decide thereby but also of those in duty bound to enforce obedience
thereto.
Obiter dictum
- An opinion expressed by a court, which is not necessary to the decision of the case before it.
- It is neither enforceable as a relief nor a source of a judicially actionable claim.
- It is not binding as a precedent
When a judgment becomes final:
- 2 senses of “final”
a) a judgment that disposes of a case in a manner that leaves nothing more to be done by the court
in respect thereto but to enforce it by execution
b) final and executory. judgment that is no longer appealable and is already capable of being
executed because the period for appeal has elapsed without a party having perfected an appeal of if
there has been an appeal, it has already been resolved by the highest possible tribunal.
pg. 82
c) whenever circumstances transpire after the finality of the decision rendering its execution unjust
and equitable
d) in cases of special and exceptional nature as when facts and circumstances transpire which render
the judgment’s execution impossible or unjust, when necessary in the interests of justice to direct its
modification to harmonize the disposition with the prevailing circumstances.
e) Void judgments
f) SC is not precluded from rectifying errors of judgment if blind and stubborn adherence to the
doctrine of immutability would involve the sacrifice of justice for technicality.
a) Bar by a prior judgment- judgment or final order is a bar to the prosecution of a subsequent action
based on the same claim or cause of action.
b) Conclusiveness of judgment- judgment or final order precludes the relitigation of particular issues
or facts on a different demand or cause of action.
- A final judgment is conclusive not only on the matters or issues directly or actually determined by
the decision but also on all issues that could have been raised in relation thereto.
- A judgment of Philippine court has the effect of resolving the issues raised in the case. Conclusive
with respect to personal, political, or legal condition or status of a person.
- Foreign arbitral awards may be enforced under ADR Act of 2004. Award must first be confirmed by
the RTC and when so confirmed shall be enforced in the same manner as final and executor
judgments in the Philippine Courts.
pg. 83
so long as the facts on which such decision was predicated continue to be the fact of the case before
the court.
Several judgments
- One rendered by a court against one or more defendants, but not against all, leaving the action to
proceed against others.
- Proper when the liability of each party is clearly separable and distinct from that of his co-parties
Separate Judgment
- This judgment presupposes that there are several claims for relief presented in a single action
- This judgment will terminate the action with respect to that claim and the action shall proceed as to
the remaining claims.
- BUT despite the judgment, the court may stay the execution of the separate judgment until the
rendition of a judgment on all other claims.
Conditional Judgment
-one the effectivity of which depends upon the occurrence or non-occurrence of an event.
GR: Void because of absence of disposition
pg. 84
- If one party to it refuses to comply: the other may either enforce the compromise or regard it as
rescinded and insist upon his original demand.
- Set aside compromise: motion on the ground that consent was attained by fraud, mistake, duress,
vitiation of consent. ( If such motion is denied: NON APPEALABLE.)
- A motion to set aside the compromise on a ground vitiating consent applies only to a judgment
upon a compromise
- When compromise is not judicial- proper remedy is annul compromise.
- Compromise where consent is attained by fraud, mistake, duress, vitiation of consent is a
VOIDABLE contract.
Judicial compromise Annulled by a motion to set aside compromise agreement
Extrajudicial Annulled by an action to annul compromise
compromise
ENTRY of judgment
- Refers to the physical act performed by the coc in entering the dispositive portion of the judgment
after the same has become final and executory.
- Record shall contain the dispositive portion, signed by the coc, with coc’s certificate that judgment
has already become final and executor.
- Date of entry of judgment is the date when the judgment becomes final and executor regardless of
the date when the physical act of entry was done.
- Relevance: computation of prescription.
Available Remedies:
pg. 85
- Form: motion, in writing, stating the grounds, written notice to adverse party
Grounds:
a) damages awarded are excessive
b) evidence is insufficient to justify the decision or final order
c) decision or final order is contrary to law
- it is not sufficient to mention ground, it is necessary to point out specifically the findings or
conclusions of the judgment or final order which are not supported by the evidence or
which are contrary to law, making express reference to the testimonial or documentary
evidence or to the provision of law alleged to be contrary to such findings or conclusions.
When to File:
-filed within the period to appeal and NO motion for EXTENSION of time shall be allowed.
-Notice of appeal (15 days), record of appeal (30 days).
- 15 days begin to run upon the OFFICIAL receipt of notice of decision or final order appealed from
Official: from the time counsel receives notice, service upon counsel is service upon party
NOT Official: service on party is prohibited and is not considered the official receipt of judgment.
EXP: court of tribunal orders service upon party or when technical defect in the manner of notice is
waived.
- Court should be linient in declaring it pro forma as long as motion reveals bona fie effort to
present it and no intent to delay.
pg. 86
2. Partial Recon: the order may order grant as to such issues to which the motion affects, IF severable
without interfering with the judgment or final order upon the rest.
3. Denied: movant has a FRESH PERIOD of 15 days from receipt or notice of such denial within
which to file a notice of appeal. (applies to Rule 40,41,42,43,45)
- order of denial is NON APPEALABLE under rule 65
- Remedy: appeal from the judgment or final order itself subject of the motion for reconsideration.
Rule 65 DOES NOT apply.
Single motion rule: a party may NOT BE ALLOWED to file a second motion for reconsideration of
judgment or final order. This rule does not apply to a motion for recon of an interlocutory order.
When to File:
-filed within the period to appeal and NO motion for EXTENSION of time shall be allowed.
-Notice of appeal (15 days), record of appeal (30 days).
Grounds:
a) Fraud/ accident/ mistake/ excusable negligence which ordinary prudence could not
have guarded against and by any reason of which such aggrieved party has probably
been impaired in his rights
-shall be supported by affidavit of merit
-Affidavit of merit: one showing the facts constituting the valid coa or defense which the
movant may prove in case a new trial is granted, because a new trial would serve no
purpose and would just waste the time of the court as well as the parties if found
groundless.
b) Newly discovered evidence, which he could not, with reasonable diligence, have
discovered and produced at the trial, and which if presented would probably alter the
result.
-shall be supported by affidavits of the witness by whom such evidence is expected to be
given, or by duly authenticated documents which are proposed to be introduced in
evidence.
-Non compliance with support of affids shall render the motion as a mere pro forma. Thus, it shall not
toll the reglementary period.
- gross negligence of counsel is not a ground for new trial.
pg. 87
1. Granted: original judgment or final order shall be vacated, and the action shall stand for trial de
novo.
-recorded evidence in the former trial shall be used at the new trial without retaking the same if the
evidence is material and competent.
2. Partial New Trial: court may grant a new trial as to such issues if severable without interfering with
the judgment or final order upon the rest.
-court may stay or enforce as to the rest until after the new trial.
3. Denied: movant has a FRESH PERIOD of 15 days from receipt or notice of such denial within
which to file a notice of appeal. (applies to Rule 40,41,42,43,45)
- order of denial is NON APPEALABLE under rule 65.
- Remedy: appeal from the judgment or final order itself subject of the motion for reconsideration.
Rule 65 DOES NOT apply.
Second motion for new trial: a party may be ALLOWED to file a second motion for new trial. A
motion for new trial shall include all grounds then available. Those not included are waived. BUT
when a ground for new trial was NOT EXISTING or available when the 1st motion was made, a second
motion for new trial may be filed within the period allowed BUT EXCLUDING the thime during
which the 1st motion had been pending.
C. Appeals
General Principles:
1. right to appeal is a mere statutory privilege that has to be exercised only in the manner and in
accordance with the provisions of law
2. it is not a constitutional or natural right
3. certiorari and appeal as exclude each other as remedies.
4. Applied only to judgment or final orders that completely disposes the case.
NOT APPEALABLE
a) An order denying a petition for relief or any similar motion seeking relief from judgment
b) Interlocutory order
c) Order disallowing or dismissing an appeal
d) An order denying a motion to set aside a judgment by consent, confession, or compromise
on the ground of fraud, mistake, duress, or any other ground vitiating consent.
e) An order of execution
f) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, cross-claims, and 3rd party complaint, while the main case is pending unless
the court allows an appeal therefrom.
g) An order dismissing an action without prejudice
“completely dispose of the case” – judgment on the merits and leaves the court nothing to do
anymore.
pg. 88
Example:
Appeals in Criminal Cases: Unlike in civil cases, when appeal is made appellate court may decide on
matters even those not made the subject of assignment of errors,
pg. 89
- Appeal is usually made by filing a notice of appeal with the court which rendered the judgment or
final order appealed from.
- GR: notice of appeal
- Exp: record of appeals is required in special proceedings and other cases of multiple or separate
appeals where the law or RoC require it.
Multiple Appeals:
-party may appeal only a particular incident in the case and not all the matters involved in the same
case.
-Record on appeal is required so the appellate court may have a record of the proceedings to resolve a
separate and distinct issue raised in the appeal, and since the original records remain with the TC it still
can resolve the other issues of the case not made subject of the appeal.
Example:
Expropriation; 2 stages-
1st: determination of lawful right of the plaintiff to expropriate- may appeal
2nd: determination of just compensation- may appeal
Exp: no multiple appeal if TC haw fully and finally resolved all issues in the complaint for expropriation
and records could already be sent to the appellate court.
Where: taken to RTC exercising jurisdiction over the area to which the former pertains
When: 15 days after notice to the appellant of the judgment or final order appealed from. If record of appeal is
requires then 30 days.
How:
1. filing a notice of appeal with the court that rendered judgment
2. serving copy of the notice to the adverse party
3. within the period for taking appeal, appellant to pay coc which rendered judgment full amount of court
docket and other lawful fees
4. proof of payment shall be transmitted to the appellate court together with the original record or the
record on appeal
5. within 15 days from perfection of appeal, coc of lower court shall transmit the original record or the
record on appeal together with transcripts and exhibits, which shall certify the same as complete to the
proper RTC.
6. coc of RTC shall notify parties of the receipt of record/ notice
7. within 15 days from such notice, appellant shall submit a memorandum, copy furnished to appellee.
memorandum is vital, failure to do so will be a ground for notice of dismissal. Memorandum shall
discuss briefly the errors imputed to the lower court.
8. appellee , if he so desires, file his memorandum within 15 days from receipt of appellant’s memo.
9. Case is deemed submitted upon the filing of appellee’s memorandum or the expiration of the period to
do so.
10. RTC 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.
Perfection of Appeal:
Notice of appeal- perfected as to appellant upon filing. No need approval.
I will live my life to the fuNNiest. (BIARES, 2013) www.warlita.wordpress.com
OOH lala: Only human. Open to constructive criticism. H ope this helps. lala
pg. 90
Record of appeal- perfected as to appellant upon approval of the record on appeal filed in due time
Lack of Jurisdiction
-appeal taken from dismissal of MTC based on this ground:
a) if reversed- case shall be remanded to the MTC for further proceeding
b) if affirmed- dismissal becomes dismissal on the merits
NOTE:
GR: sec 19 (g)Rule 41- order dismissing an action for lack of jurisdiction (without prejudice) is not appealable.
EXP: sec 8 Rule 40- MTC dismissal based on lack of jurisdiction is appealable.
a) RULE 41: Ordinary Appeal or appeal by writ of error- appeal on the RTC decision in the exercise of original
jurisdiction. (Question of fact/ law/ fact and law)
b) RULE 42: Petition for Review- appeal on the RTC decision in the exercise of its appellate jurisdiction.
(Question of fact/ law/ fact and law)
c) Petition for Review on Certiorari or appeal by certiorari to the SC- appeal on RTC decision in the exercise of
its original jurisdiction ( questions of law)
When: 15 days after notice to the appellant of the judgment or final order appealed from. If record of appeal is
requires then 30 days.
How:
1. filing a notice of appeal with the court that rendered judgment
2. serving copy of the notice to the adverse party
3. where both parties are to appeal, they may file a joint record of appeal
4. within the period for taking appeal, appellant to pay coc which rendered judgment full amount of court
docket and other lawful fees
5. within 30 days after perfection of all appeals, the coc shall verify the correctness and completeness of
the records
6. and if incomplete, to take such measures to complete such records, certify to the correctness of the
records, to transmit the same to the CA and to furnish the parties with copies of his letter or transmittal
of the records to the CA.
7. upon receipt, coc of CA shall docket the case and notify parties of the receipt of record/ notice
8. Within 45 days from receipt of notice from coc, appellant shall file a brief with proof of service upon
appellee.
pg. 91
9. Within 45 days from receipt of appellant’s brief, the appelle shall file his own brief with proof of service
to the appellant.
10. Within 20 days from receipt of appellee’s brief, the appellant may file a reply brief answering points in
the appellee’s brief not covered in the main brief.
11. GR: Extension of time for filing briefs will not be allowed. EXP: for good and sufficient cause and ONLY
IF the motion for extension is filed before the expiration of the time sought to be extended.
Perfection of Appeal:
Notice of appeal- perfected as to appellant upon filing. No need approval.
Record of appeal- perfected as to appellant upon approval of the record on appeal filed in due time
Petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus cases, briefs are not files.
Instead, parties shall file their respective memoranda within the non- extendible period of 30 days from receipt
of the notice that all the evidences are already attached to the record.
-provided these are done prior to the transmittal of the original record or record of appeal even if the appeal
have already been perfected or despite approval of the record on appeal or in case of petition for review under
Rule 42, before the CA give due course to the petition.
- Residual jurisdiction of TC is available at a stage which the court is normally deemed to have lost jurisdiction
over the case or the subject matter involved in the appeal.
When: 15 days after notice of the decision sought to be reviewed or of the denial of petitioner’s motion for new
trial or reconsideration.
Court may grant an additional 15 days as extension, provided: a) motion; b) there is payment of the full amount
of the docket and other lawful fees and deposit for costs before expiration of the reglementary period; c) most
compelling reason; d) no case exceed 15 days.
How:
1. Filing a verified petition for review with the CA, paying the docket and other lawful fees, depositing
amount of P500 for costs,
- Petition shall be in form required by Sec 2 Rule 42
pg. 92
- Stating a concise statement of the matters involved, issues raised, specification of errors of law or
fact or both committed by court and reasons or arguments relied upon for the allowance of appeal.
- Material Data Rule: Shall state the specific material dates showing that the petition was filed on
time.
- Accompanied by certification against forum shopping.
- Failure to comply with any: ground for dismissal
2. Furnish RTC and adverse party with copies of the petition
3. Ca may dismiss the petition: patently without merit, prosecuted for delay, questions raised are too
unsubstantial to require consideration.
4. If no dismissed: it may require the respondent to file a comment on the petition within 10 days from
notice. Respondent NO TO FILE motion to dismiss.
5. If CA finds prima facie that the RTC committed an error of fact or law- it may give due course.
6. If given due course, CA may set case for oral argument or require the parties to submit memoranda with
a period of 15 days from notice.
7. Case is deemed submitted for decision upon the filing of the last pleading or memo required.
Perfection of Appeal:
As to petitioner- filing of a petition for review and payment of the corresponding docket and lawful fees.
Dismissal of Appeal:
Appeal may be dismissed by CA ( motion or motu proprio), on the ff grounds:
a) Failure to comply with material date rule
b) Failure to file notice / record of appeal within the prescribed period
c) Failed to pay docket and other lawful fees
d) Unauthorized alterations, omissions, or additions in the approved record on appeal ( sec 4, Rule 44)
e) Failure of the appellant to serve and file required number of copies of his brief or memo with in the time
prescribed.
f) Absence of specific assignment of errors in the appellant’s brief, or of page reference to the record ( sec
13 a,c,d, f, Rule44)
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 appellant to appear at the preliminary conference under Rule 48 or to comply with orders,
circulars, or directives of the court without just reasons.
i) The fact the judgment appealed from is not appealable.
- These grounds are discretionary upon the court ( sec 2, R50 uses “may”)
Residual jurisdiction:
Same as those in Rule 41.
Rule 41 Rule 42
May be exercised prior to the transmittal of records May be exercised by RTC before RTC gives due course
to the petition.
Stay of judgment:
-Appeal shall stay the judgment unless the CA, law, or rules provides otherwise.
-Civil cases decided under the Rules on Summary Procedure shall not be
stayed.
Application:
pg. 93
a) RTC judgment in the exercise of original jurisdiction involving only questions of law
NOTE:
Orig jurisdiction, Questions of Law ONLY a) Rule 45
Appellate jurisdiction, Questions of law/ fact/ both b) Rule 42
Provisional Remedies
-May include an application for preliminary injunction or other prov rem
-May apply for the same during pendency.
pg. 94
Seeks to review final order/ judgments Final judgments/ interlocutory orders/ matters where
no appeal may be taken from
Raises questionsof law Acted without jurisdiction or in excess
Filed within 15 days from notice of judgment 60 days from notice of judgment/ recon/ NT
Does not require a prior motion for reconsideration GR: requires motion for recon
Stays the judgement appealed Does not stay the judgment appealed UNLESS
enjoined or restrained
Parties remain without impleading the lower court or Lower court/ tribunal and/ or its judges may be
its judge impleaded with the prevailing parties
Filed with the SC Special civil action with with the RTC, CA, or SC.
Rule: a party cannot file both 45 and 65. Mutually exclusive. Not alternative or cumulative.
When avails of both- dismissed outright.
However, SC may set aside technicalities
When: 15 days after notice of the decision sought to be reviewed or of the denial of petitioner’s motion for new
trial or reconsideration.
SC may grant an additional 30 days as extension, provided: a) motion; b) there is payment of the full amount of
the docket and other lawful fees and deposit for costs before expiration of the reglementary period; c) most
compelling reason
How:
1) Filing a verified petition with the SC within the reglementary period raising only questions of law
2) paying the docket and other lawful fees, depositing amount of P500 for costs,
- Petition shall be in form required by Sec 2 Rule 42
- Proof of service of the copy of the petition on the lower court concerned and adverse party
- Stating a concise statement of the matters involved, issues raised, specification of errors of law or
fact or both committed by court and reasons or arguments relied upon for the allowance of appeal.
- Material Data Rule: Shall state the specific material dates showing that the petition was filed on
time.
- Accompanied by certification against forum shopping.
- Failure to comply with any: ground for dismissal
3) Ca may dismiss the petition: patently without merit, prosecuted for delay, questions raised are too
unsubstantial to require consideration.
4) Sc may require the filing of such pleadings, briefs, and memoranda or the submission of documents it
may deem necessary.
5) If not dismissed: it may require the elevation of the complete record of the case or specified parts
thereof with 15 days from notice.
- appeals from the judgments of quasi- judicial bodies/ agencies in Rule 43 are now required to be brought to
the CA
- may involve questions of law or facts or both
- file a verified petition for review with the CA
- appeal SHALL NOT STAY the award, judgment, final order or reso sought to be reviewed unless the CA shall
direct otherwise.
Decision of Action for review
NLRC a) first file a motion for reconsideration,
pg. 95
b) if denied, file certiorari under rule 65 within 60 days from the notice of the
decision.
File with the CA ( applying principle of hierarchy of courts)
If filed with the CA instead of SC – shall be dismissed. NO REFERRAL to CA.
Sandiganbayan appealable by certiorari to the SC (pure questions of law) under Rule 45 NOT rule 65.
Rule applies when the penalty is less than reclusion perpetua, life imprisonment or
death.
If more than- appeal to SC.
CTA a) CTA DIVISION decision- file a motion for reconsideration or new trial
b) then file petition for review CTA EN BANC
c) then, file with the SC a petition for review under Rule 45.
COMELEC a) appeal to SC under Rule 65 by filing the petition within 30 days from notice
COA a) appeal to SC under Rule 65 by filing the petition within 30 days from notice
Available Remedies:
pg. 96
a) Petition for relief from judgment ( Rule 38)
b) Petition for annulment of judgment ( Rule 47)
c) Direct action of certiorari ( jurisprudence, Rule 65)
d) Collateral attack of a judgment that is void on its face ( jurisprudence)
Nature: a legal remedy whereby a party seeks to set aside a judgment rendered against him by a court
whenever: a) he was unjustly deprived of hearing; or b) was prevented from taking an appeal because
of fraud, accident, mistake, excusable negligence.
Grounds:
a) when a judgment or final order is entered into, or any other proceeding is thereafter taken
against the petitioner in any court through fraud, accident, mistake, excusable negligence.
filed where: in such court ( MTC/ RTC) and not in another or to a higher court
prayer: judgment or order or proceedings be set aside
“any other proceeding is thereafter taken against the petitioner in any court through fraud, accident,
mistake, excusable negligence”
- Thus, also applicable to a proceeding taken after the entry of judgment or final order such
as an order of execution.
b) when petitioner has been prevented from taking an appeal by fraud, accident, mistake,
excusable negligence.
filed where: in such court (MTC/ RTC) and not in another or to a higher court
prayer: appeal be given due course
When to File:
Filed within 60 days after the petitioner learns (knowledge) of the judgment, final order, etc AND not
more than 6 months after such judgment or final order, etc was entered or such proceeding was taken.
- These two periods must concur.
- Both periods are not extendible and never interrupted.
- Strict compliance but still subject to SC’s discretion.
pg. 97
How:
1. Petition must be verified and must be accompanied with affidavits showing fraud, accident,
mistake, and excusable negligence relied upon and the fact constituting the petitioner’s good
and substantial cause of action or defense, as the case may be.
2. If sufficient in form and substance, the court shall issue an order requiring the adverse parties
to answer the same within 15 days from receipt thereof.
3. After filing of answer or expiration thereof, court shall hear the petition.
4. Court finds that allegations are not true: dismiss the petition.
5. Court finds that allegations are true: it shall set aside the judgment, final order, etc.
6. In connection with number 5, the case then shall stand as if such final order/ judgment/ etc
had never been rendered issued or taken.
7. Court shall then proceed to hear and determine the case as if timely motion for new trial or
recon had been grated by it.
8. In case of prevented to appeal by FAME, the court shall set aside the denial to appeal and shall
give due course to said appeal. The case shall then be elevated as if a timely appeal had been
submitted.
Nature: remedy in law independent of the case where the judgment sought to be annulled was
rendered.
- Resorted to when the ordinary remedies or new trial, appeal, petition for relief, etc are no
longer available through NO FAULT of the petitioner and is based only in two grounds.
- Allowed only in exceptional cases.
- May no longer be invoked it the party has availed of new trial, appeal, pet for relief, etc or
where such remedies were lost through his fault or negligence.
- Purpose: have a final and executor judgment set aside so that there will be a renewal of
litigation.
- Available to parties or strangers to the case as long as petitioner is one who can prove his
allegation that judgment was obtained by fraud and collusion and that he was affected
thereby.
- Applies to annulling judgments of RTC by CA or of MTC by CA.
- It does not apply to annulling judgments of quasi-judicial bodies or agencies by the CA. the
proper remedy is petition for review under Rule 43.
Grounds: exclusive
pg. 98
a) Extrinsic/ collateral fraud
- When there is fraudulent act committed by the prevailing party outside of the trial of the
case, whereby the defeated party was prevented from presenting fully his side of the case by
deception practiced on him by the prevailing party.
- When there is a fraudulent scheme which prevented a party from having his day in court.
- Example: false promise or compromise or kept ignorant of the suit
- Intrinsic fraud is no sufficient to annul a judgment since party is not prevented from having
his day in court to protect his side of the case.
- Period for filing the action: 4 years from discovery
b) lack of jurisdiction
- lack of jurisdiction over the person of the defending party or over the subject matter of the
claim.
- Petitioner must show absolute lack of authority to hear and decide the case
- Period for filing the action: brought to court before it is barred by estoppel.
How:
7. Judgment of annulment based on lack of jurisdiction shall have the effect of setting aside the
questioned judgment or final order and rendering the same null and void
- But this is without prejudice of filing an original action in the proper court.
- Period for refilling the original action shall be deemed suspended from the filing of the original
action until finality of judgment of an annulment.
- No suspension of said period when extrinsic fraud is attributable to plaintiff in the original action.
C. Certiorari
pg. 99
- Availed of to annul or modify the proceedings of a tribunal, board, officer exercising judicial
or extra-judicial functions which ha acted without or in excess of jurisdiction, or with grace
abuse of discretion amounting to lack of jurisdiction.
- For this to prosper it is necessary to show that there is no more appeal, or any other plain,
speedy, and adequate remedy.
- Thus, if appeal is available but the same is not adequate or speedy, certiorari may be had.
- Task of court in certiorari proceedings: determine won the lower court committed grave
abuse of discretion.
Essential requirements:
a) petition is directed against a tribunal, board or officer (TBO) exercising judicial or quasi-judicial
functions.
-quasi- judicial act: acts of public administrative officers or bodies required to investigate the facts or
to ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their
official actions, and to exercise discretion of a judicial nature.
b) such TBO has acted without or in excess of jurisdiction or with grave abuse of discretion
c) there is neither appeal or any plain, speedy, and adequate remedy
- there must be capricious, arbitrary, and whimsical exercise of power.
EXPS:
1. order is a patent nullity (eg. court a quo has no jurisdiction)
2. questions raised in the lower court have been duly raised and passed upon by the lower court
or are the same as those raised and passed upon by the lower court.
3. There is an urgent necessity for the resolution of the question and any further delay would
prejudice the interest of the govt or of the petitioner or the subject matter of the action is
perishable.
4. Motion for recon would be useless
5. Petitioner was deprived of due process and there is extreme urgency for relief
6. Where, in criminal case, relief from an order of arrest is urgent and the granting of such relief
by the TC is improbable.
7. Proceedings of the lower court are nullity for lack of due process
8. Proceedings was ex parte or in which the petitioner has no opportunity to object
9. Where the issue raised is one purely of law or public interest is involved
pg. 100
10. Absence of appeal or any plain, speedy, and adequate remedy. (eg. denial of a motion to lift
order of default).
Writ of Injunction:
- Petition for certiorari does not interrupt the course of the principal action nore the running of
reglementary period unless an application for restraining orde or Writ of preliminary injuction is
granted by court.
Duty of Court:
-public respondent has duty to proceed with the principal case within 10 days from the filing of a
petition for certiorari or upon expiration of 10 days absent TRO or WPI.
- failure to proceed- ground for administrative charge. Judicial courtesy is no longer an excuse.
When to File:
-Filed within 60 days after the petitioner learns (knowledge) of the judgment, final order or denial of
a motion for reconsideration.
- no extension of time to file shall be granted except for compelling reasongs
-Material data (date) rule
- 3 material dates for certiorari under rule 65
a) date when the notice of judgment or final order was received
b) the when the motion for NT or recon when such was filed
c) date when notice of the denial thereof was received
- to determine timeliness of motion.
Where to File:
a) if against corp/ board/ officer/ person – file with RTC exercising jurisdiction over the territorial areas
defined by SC
b) quasi-judicial agency-file with CA won in aid of its appellate jurisdiction
c) Sandiganbayan won in aid of its appellate jurisdiction
d) Election cases involving an act or omission of a municipal or regional trial court- file with COMELEC in
as of its appellate jurisdiction.
pg. 101
- Hierarchy of courts must be observed. A direct invocation of SC’s original jurisdiction may be
allowed only when there are special and important reasons therefore, clearly and specifically set out
in the petition.
Who:
- Filed by person aggrieved- a party to the proceedings in the lower court.
- When petition is against act of judge, court, quasi-judicial agency, tribunal, corporation, board,
officer, petitioner shall join as private respondent with public respondent in the court. Private
should appeal and defend on his and public repondent’s own behalf. If costs are to be awarded it
shall only be against private resp not public resp.
- Public respondent is not required to appeal or file an answer or comment UNLESS specifically
directed by court. ( nominal party)
How:
1. Person aggrieved 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 the tribunal, board or
officer, and granting such incidental reliefs as law and justice may require.
2. Accompanied by certified true copy of the judgment, order, or resolution subject of the petition;
If not certified true copies- deficient and a ground for dismissal
3. Mere copies of the relevant pleadings and documents; a sworn certification of non-forum shopping.
4. Accompanied by Certification against forum shopping.
5. No service of summons. Found to be sufficient in form and substance, court shall issue an order
requiring respondent to comment on the petition within 10 days.
6. Reply and other responsive pleadings may be required is deemed necessary by the court.
7. Court may then hear the case OR require the parties to submit a memoranda
8. If found true, court shall render judgment for the relief prayed for.
9. If found unmeritorious, court may dismiss the case. Court may then award respondent TREBLE COSTS
solidarily against petitioner and counsel. Counsel shall be subjected to administrative sanctions.
SC may also impose motu pro prio disciplinary actions.
10. certified true copy of the judgment shall be served upon public respondent. Disobedience shall make
one liable for contempt ( Sec 9, Rule 65, Roc)
11. PRIMARY RELIEF: annulment or modification of judgment. And may include INCIDENTAL RELIEFS:
damages, costs, etc.
Direct vs Collateral
pg. 102
XI. Execution of Judgment
Exceptions:
1. judgment has already been executed by voluntary compliance
2. judgment has been novated by the parties- entering into a compromise
3. petition for relief is filed and Prelim inj is granted in accordance with Sec 5, Rule 38;
also when execution is enjoined by higher court
4. judgment is conditional/ incomplete
5. when facts and circumstances transpire which would render execution inequitable or
unjust
6. when execution is sought more than 5 years from its entry of judgment
7. when execution is sought against exempt property
8. higher interest of justice
Quashal of write of
execution:
pg. 103
5. Writ shall be applied for in the court of origin.
6. If appeal has been perfected and finally resolved, may still apply in the court of origin. In
the latter no need to wait for the records to be remanded to the lower court. Judgment
oblige nee only to attach to said motion a judgment of the appellant court and the entry of
said judgments.
7. If execution can not be had on court of origin, he may file the same with the appellate court.
No appeal may be taken from an order of execution by express provision of the rules. Remedy:
certiorari on Rule 65.
Form and contents: issued in the name of the RP, stating name of the court the granted the
motion, case number, dispositive portion of the judgment or order subject of the execution,
shall require the sheriff or other proper officer to whom it is directed to enforce the writ accdg
to its terms.
Writ shall continue in effect during the period within which judgment may be enforced by
motion. It is enforceable within the 5 year period from entry of judgment.
a) execution by motion is the enforcement of the judgment is sought within 5 years from
the date of entry
b) execution of independent action if the 5 year period has elapsed and before it is barred
by the statute of limitations. There must be an action for revival of the judgment.
- If levy is made within 5 years, sale may be had after five years provided that sale must be
made within 10 years from the finality of the judgment can be enforced.
- Revival of judgment: action to revive a judgment must be filed within 10 years from the date
the judgment became final.
- Must be filed within 10 years from the date judgment became final
- If action has been revived, it may also be enforced within 5 years before it is barred by
statute of limitations.
- Revived judgment is a new judgment not a continuation of the original, and results in a new
judgment constituting a new coa, upon a new period of limitation begins to run.
New coa : not the merits of the orginal case but the revived decision itself.
It is not meant to retry the case on the merits all over again.
- Proper venue: depends if it is a real or personal action.
pg. 104
He also has option to revive the judgment
Judgment has not been executed Judgment has already been executed.
pg. 105
d) failure in an unlawful detainer case to make the required deposits to cover the rental
amounts due or for failure to post supersedeas bonds
pg. 106
2) 3rd person or garnishee shall make a written report to the court within 5 days from service
of notice, and shall state won the judgment obligor has sufficient funds to satisfy the
judgment.
3) If sufficient, garnishee shall deliver the amount in cash, check to the judgment oblige within
10 working days from the service of notice on said garnishee.
4) Is insufficient, garnishee shall make a report as to the amount he holds for the judgment
obligor.
Execution of judgment for conveyance of real or personal property found in the Philippines
- To convey such
- If faild to do so, order divesting the title of any party and vest it in others
pg. 107
i. So much of salaries, wages, or earning of the judgment obligor for his personal services
within the 4 months preceding the levy as are necessary for support of his family
j. Lettered gravestones
k. Monies, benefits, privileges, or annuities accruing or in any manner growing out of an life
insurance
l. The right to receive legal support, or money or property obtained as such support or any
pension or gratuity from the govt
m. Properties specially exempted by law
- When a-m is not exempt from execution: when judgment is for the recovery of the price or
upon a judgment of foreclosure or a mortgage upon the property.
pg. 108
k) Sale of personal property at auction conveys to the HB all the right which the judgment
obligor had in such property as of the date of levy on execution or the preliminary
attachment.
l) Certificate of sale may be issued
If no redemption is made:
- After 1 year w/o redemption, the purchaser is entitled to a conveyance and possession of the
property
- Or if after 6o days from last redemption w/o redemption from other cd, the purchaser is
entitled to a conveyance and possession of the property
HB or redemptioner
- Shall not entitled to receive rent/ income/ earning of the property sold on execution when
such property is in the possession of the tenant.
- All of such shall belong to the judgment obligor UNTIL the expiration of his period of
redemption.
Judgment unsatisfied
- Remedy: judgment oblige is entitled to an order from the court which rendered the
judgment, requiring the judgment obligor to appear and be examined concerning his
property and income before the court or commissioner appointed by the court.
- BUT he can not be examined outside the province or city which he resides.
pg. 109
relationship.
Former of final order Conlusive on any other litigation between
same parties or their successors in interest,
Aka “conclusiveness of judgment” – another which appear upon its face to have been
form of res judicate adjudged, or which was actually and
necessarily included thereon or necessary
thereto.
pg. 110