Professional Documents
Culture Documents
1.
PRELIMINARIES
2.
Remedial Law
3.
4.
1.
1987 Constitution
Substantive Law
Remedial Law
2.
3.
Rules of Court
4.
5.
6.
7.
Family Code
Prospective in
application
8.
Cannot be enacted by SC
SC is expressly
empowered to
promulgate procedural
rules
9.
Special
Proceedings
Criminal
Procedure
Civil Action
A remedy by
which a party
seeks to
The State
prosecutes a
person for an
A party sues
another for
the
establish a
status, a right,
or a particular
fact (Rule 1
S3c)
act or
omission
punishable by
law (Rule 1
S3b)
A proceeding
wherein a
person is
prosecuted by
the State for
acts or
omissions
committed in
violation of
penal laws,
and to impose
the
corresponding
penalty
provided for
by penal laws
enforcement
or protection
of a right, or
the
prevention or
redress of a
wrong
A civil action
may be
ordinary or
special. (R1
S3a)
in some
special civil
actions, by
petition
Based on an
act or
omission
punishable by
law
Based on a
cause of
action
Governed by
special rules,
and in the
absence of
special
provisions,
the rules
provided for
in ordinary
civil actions
shall be, as far
as practicable,
apply
suppletory
(R72 S2)
Governed by
the Revised
Rules of
Criminal
Procedure
May involve
only one party
Involves the
State against
the accused
Involves 2 or
more parties
Initiated by
complaint
Initiated by
complaint, or,
Initiated by
petition
Except
Habeas
Corpus, NOT
based on a
cause of
action
(but filed in
court by
Information)
Both are
governed by
the Rules for
ordinary civil
actions,
subject to
specific rules
prescribed for
a special civil
action (R1
S3a)
A3 S1
No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws.
A7 S18
A3 S9(Basis of Rule 67)
Private property shall not be taken for public use
without payment of just compensation
A6 S30
No law shall be passed increasing the appellate
jurisdiction of the SC as provided in this Constitution
without its advice and concurrence.
A8 S5 P1
The Supreme Court shall have the following powers:
-
A7 S4
Ambassadors
Review
Revise
Reverse
Modify
Affirm
o
Certiorari
Prohibition
Mandamus
Quo warranto
Habeas corpus
1.
treaty,
b.
international or executive
agreement
c. law
d.
presidential decree
e.
proclamation
f.
order
3.
g.
instruction
4.
Integrated Bar
h.
ordinance
5.
i.
regulation
i. is in question
2.
tax
b.
impost
c.
assessment
d.
toll
e.
2.
3.
A8 S2
3.
4.
5.
A3 S16
2.
Procedural
Substantive
Cannot be subject of the
agreement of the parties
May be changed by
written agreement of
the parties
Not a ground for motu
proprio dismissal, except
in Summary Procedure
waived
General Jurisdiction
Power to adjudicate all controversies except
those expressly withheld from the plenary
powers of the court.
Jurisdiction
Authority of the court to hear and decide a
case and to implement its decision
Rule 30
Rule 36
Rule 39
Venue
May be waived
Appellate Jurisdiction
Power and authority conferred upon a
superior court to rehear and determine
causes which have been tried in lower
courts, the cognizance which a superior
court takes of a case removed to it, by
appeal or writ of error, from the decision of
Original Jurisdiction
Power of the court to take judicial
cognizance of a case instituted for judicial
action for the first time under conditions
provided by law and appellate jurisdiction,
or the authority of a court higher in rank to
re-examine the final order or judgment of a
lower court which tried the case or elevated
for judicial review. It is jurisdiction
conferred upon or inherent in the first
instance
Territorial Jurisdiction
Refers to geographical area within which
the courts powers can be exercised
In civil cases, assumes importance in case of
venue of real or mixed action
In criminal cases, consideration of territory
and locus of crime determine venue and
jurisdiction
Territorial jurisdictions:
SC and CA
National
RTC
Regional jurisdiction
Inferior courts
Exclusive Jurisdiction
Power to adjudicate a case or proceeding to
the exclusion of all other courts at that
stage
Delegated Jurisdiction
The grant of authority to inferior courts to
hear and determine cadastral and land
registration cases under certain conditions
jurisdiction or in excess
of jurisdiction or with
grave abuse of discretion
Mode of appeal
Mode of review /
SPECIAL CIVIL ACTION
Directed against
interlocutory order of
the court or where there
is no appeal or any plain,
speedy, or adequate
remedy
Coordinate Jurisdiction
Unless a writ of
preliminary injunction or
temporary restraining
order is issued, the
petition does not stay
the challenged
proceeding
Motion for
reconsideration is not
required
Motion for
reconsideration or for
new trial is required; if a
motion for
reconsideration or new
trial is filed, the period
shall not only be
interrupted but another
60 days shall be given to
petitioner (SC Admin
Ancillary Jurisdiction
Power of the courts to settle issues which
are incidental to main issue
Appeal by Certiorari
Rule 45
Rule 65
Petition is based on
questions of law
Petition is based on
questions of jurisdiction,
whether the lower court
acted without
Matter 02-03)
Court is in exercise of its
appellate jurisdiction
and power of review
1.
2.
3.
JURISDICTION
SUPREME COURT
Original Jurisdiction of the Supreme Court:
A8 S5 P1- (Rule 56)
The SC shall have exclusive original jurisdiction over
cases involving:
1.
Ambassadors
2.
3.
a.
Certiorari
b.
Prohibition
c.
Mandamus
d.
Quo warranto
e.
Habeas corpus
5.
2.
Over Justices
3.
Over Judges
4.
Practice of Law
5.
CA decisions
-
2.
3.
COURT OF APPEALS
Original jurisdiction / Original Concurrent
Jurisdiction
Original jurisdiction to issue writs of:
-
Mandamus
Prohibition
Certiorari
Habeas corpus
Quo warranto
Appellate Jurisdiction:
1.
RTC
Exclusive Original Jurisdiction:
1.
2.
4.
5.
6.
7.
1.
2.
3.
4.
8.
9.
10
2.
3.
4.
5.
Appellate Jurisdiction:
Over all cases decided by MTCs, MuTCs, MCTCs in
their respective territorial jurisdictions
MTC
(note: baligtarin ang RTC jurisdiction, below 20-50,
300-400)
Ordinary Civil Actions:
1.
11
6.
Summary Procedure:
1.
2.
12
Cause of Action
Right of Action
Suit to enforce
ones right or
for the
prevention or
redress of a
wrong
Act or omission
by which a
party violates a
right of another
Remedial right
to file a suit
based on cause
of action
Matter of
procedure and
depends on the
pleadings filed
by the parties
A matter of
right and
depends on
substantive law
Not affected by
affirmative
defenses
(fraud,
prescription,
estoppel, etc)
Affected by
affirmative
defenses
Original Distinctions:
Action
Cause of Action
Right of Action
Suit filed in
court for
enforcememt
or protection of
a right, or the
prevention or
redress of a
wrong (R1 S3)
Act or omission
by which a
party violate a
right of another
(R2 S2)
Remdial right
or right to relief
granted by law
to a party to
institute an
action against a
person who has
committed
delict or wrong
against him
Formal
statement of
operative facts
that give rise to
a remedial right
Remedy or
means afforded
or the
consequent
relief
Remedial right
given to a
person because
of occurrence
of the alleged
facts
Kinds of actions:
1ST GROUP: for purposes of venue under Rule 4
Real Action
-
Venue: R4 S1
Personal Action
Venue: R4 S2
Mixed Action
Venue: R4 S1
13
jurisdiction
over the res is
acquired
An action to
impose a
responsibility
or liability upon
a person
directly
A proceeding to
subject the
interest of a
named
defendant over
a particular
property to an
obligation or
lien burdening
it
Judgment is
binding on the
whole world
Judgment is
bonding only
upon the
parties
impleaded or
their successors
in interest
Judgment is
binding upon
particular
persons
Examples:
Examples:
Examples:
Probate
proceeding,
Action for
specific
performance
Action for
partition
Summons/notification by PUBLICATION
Action in Personam
-
A proceeding to
determine the
state or
condition of a
thing
Foreclosure of mortgage
Partition
Attachment
Action in rem
Action in
personam
Action Quasi in
Rem
Directed
against the
thing itself
Directed
against
particular
persons
Directed
against
particular
persons
Jurisdiction
over person of
defendant is
not required
Jurisdiction
over person of
defendant is
required
Jurisdiction
over the person
of the
defendant is
not required as
long as
Action for
breach of
contract
Action to
foreclose real
estate
mortgage
special
proceedings
Real Action
Personal
Action
Mixed Action
Ownership or
possession of
real property is
involved
Personal
property is
sought to be
recovered or
14
where damages
for breach of
contract are
sought
real or mixed
Founded on
privy of real
estate
Founded on
privity of
contract
Founded on
both
Filed in the
court where
the property or
any part
thereof is
situated (R4 S1)
Filed in the
court where
the plaintiff or
any of the
plaintiffs
resides, where
defendant or
any of the
defendants
resides, or in
case of non
resident
defendant,
where he may
be found, at
election of
plaintiff (R4 S2)
Filed in the
court where
the property or
any part
thereof is
situated (R4 S1)
Example:
Example:
Example:
Accion
reivindicatoria
Action for a
sum of money
Accion
publiciana with
a claim for
damages
Personal Action
Action in personam
Personal property is
sought to be recovered
or where damages for
breach of contract are
sought
An action directed
against particular
persons, may be real
action, personal action,
mixed action
Founded on privity of
contract
R4 S1 or R4 S2 may
govern, depending on
whether the action is
real action or personal
action
Mixed Action
Rules on personal
actions govern (?)
Real Action
In rem action
Ownership or possession
of real property is
involved
A proceeding founded
on privity of real estate
A proceeding to
determine state or
condition of a thing
Judgment is binding
upon the whole world
15
Complaint in intervention
in rem
Petition
PLEADING (R6 S1)
Sworn written statements of the respective
claims and defenses of the parties
submitted to the court for appropriate
judgment
INITIATORY PLEADING
COMPULSORY- Arises
out of or is necessarily
connected with the
transaction or
occurrence that is the
subject matter of the
opposing partys claim
Can be an initiatory
pleading, if permissive
RESPONSIVE PLEADING
A pleading that responds to allegations in
the adverse partys pleading
Initiatory Pleadings
Original complaint
Permissive counterclaim
Cross claim
Third party complaint
Responsive Pleadings
th
4 party complaint
16
Cross claim
Third party
complaint
Answer to third
party complaint
Answer to fourth
party complaint
Reply
Answer to counter counter claim
4th party
complaint
Answer to
complaint in
intervention
Complaint in
intervention
Petition
Comment or
objection to
petition
Why?
Motion is an application for relief other than by a
pleading (R15 S1)
Position Paper and Memorandum only narrate facts
of the case, issues, no cause of action, no defenses,
but only contain discussions
Initiatory Pleading
Responsive Pleading
A pleading that
initiates an action
Original
complaint
Answer to original
complaint
Permissive
counterclaim
Answer to
permissive
counterclaim
In special proceedings
Counter
counter claim
Counter cross
claim
Need to be verified,
with certification
against forum
shopping, plus
payment of docket
fees
Compulsory
counterclaim
Reply
Answer to counter
counter claim
Answer to counter
cross claim
17
Actionable
document
Allegations of
usury
Answer to
permissive
counterclaim
Succeeding
pleadings in
special
proceedings
1.
2.
3.
4.
5.
I.
BARANGAY CONCILIATION
PROCEEDINGS
18
6.
7.
8.
9.
S409, LGC
Disputes between persons actually residing
in the same barangay shall be brought for
amicable settlement before the lupon of
said barangay
19
S415, LGC
1.
2.
3.
S416, LGC
20
Summary Procedure:
buyer beware
II.
It is not a pleading
Cases covered:
1.
2.
3.
COMPLAINT
2.
3.
Jurisdiction
IF, court has no jurisdiction, M2D R16 S1b
21
2.
3.
Venue
22
Counter counterclaimant
Defendant includes:
-
Rule 16 S4
File an answer within the balance of the period
prescribed by Rule 11 to which he was entitled at the
time of serving his motion but not less than 5 days in
any event, computed from his receiving of notice of
denial. Then, go to trial. When the decision is
adverse, file an appeal raising as error the denial of
the motion to dismiss. If the denial of the motion is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction, file petition for
certiorari under Rule 65.
Plaintiff
A person having an interest in the matter of
the action or in obtaining the relief
demanded
Defendant
Parties
(R3 S1)
23
Cross Claimant
A party to an original action who has a claim
against a co party arising out of the
transaction or occurrence that is the subject
matter either of the original action or of a
counterclaim therein (R6 S8)
Indispensable Party
An indispensable party is a party in interest
without whom no final determination can
be had of an action who shall be joined
either as plaintiff or defendant (R3 S7)
Representative party
R3 S3
Party acting in a fiduciary capacity. The beneficiary
shall be included in the title of the case and shall be
deemed to be the real party in interest. It may be:
-
Guardian
Executor
Administrator
Necessary Party
A necessary party is a party who is not
indispensable but who ought to be joined as
a party if complete relief is to be accorded
as to those already parties, or for a
complete determination or settlement of
the claim subject of the action (R3 S8)
24
4.
Quasi Party
Parties in whose behalf a class or representative suit
is brought
R3 S6
All persons in whom or against whom any right to
relief in respect to or arising out of the same or
series of transactions is alleged to exist, either
jointly, severally, or in the alternative, may, except
as otherwise provided in these rules, join as plaintiffs
or be joined as defendants in one complaint, where
any question of law or fact common to all such
plaintiffs or to all such defendants may arise in the
action; but the court may make such orders as may
be just to prevent any plaintiff or defendant from
being embarrassed or put to expense in connection
with any proceedings in which he may have no
interest.
JOINDER OF PARTIES
Requisites:
1.
2.
Cause of Action
1.
2.
25
3.
3.
4.
5.
6.
Expropriation (R67)
7.
8.
Partition (R69)
9.
C.
Joinder of Causes of Action (R2 S5)
A party may in one pleading assert, in the alternative
or otherwise, as many causes of action as he may
have against an opposing party, subject to the
following conditions:
A. That the party joining the causes of action
shall comply with the rules on joinder of
parties
B.
Interpleader (R62)
2.
26
R2 S3
b.
c.
R2 S4
If 2 or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment
upon the merits in any one is available as a ground
for dismissal of the others.
R7 S2
Supposing, the plaintiff split a single cause of
action, remedy?
Designation
2.
3.
4.
DENIED:
I will file an answer within the balance of the period
prescribed by Rule 11 to which i am entitled at the
time of serving my motion, but not less than 5 days
in any event, computed from my receipt of notice of
denial. Then, proceed with the trial. In case of
adverse decision I will appeal the judgment and
assign as error the denial of the motion to dismiss.
However, if the denial is tainted with GAD
amounting to lack or excess of jurisdiction, then I will
file petition for certiorari under Rule 65.
Paragraph
The allegations in the body of a pleading shall be
divided into paragraphs so numbered as to be
readily identified each of which shall contain a
statement of a single act of circumstances so far as
can be done with convenience.
A paragraph may be referred to by its number in all
succeeding pleadings.
Headings
27
1.
2.
3.
4.
Relief
The pleading shall specify the relief sought, but it
may add a general prayer for such further or other
relief as may be deemed just and equitable.
Date
Every pleading shall be dated
R7 S4
Except when otherwise specifically required by law
or rule, pleadings need not be under oath, verified,
or accompanied by affidavit.
A pleading is verified by an affidavit that
1.
2.
R7 S3
Every pleading must be signed by the party or
counsel representing him stating in either case his
address which should not be a post office box. The
signature of counsel constitutes a certification by
him that
1.
2.
3.
2.
3.
28
Complaint in intervention
Petition
Petition for review from RTC to CA (R42 S1)
Expropriation (R67)
Original Complaint
Foreclosure of Real Estate Mortgage (Rule
68)
Permissive Counterclaim
Partition (R69)
Cross Claim
Forcible Entry and Unlawful Detainer (R70)
3rd 4th etc party complaint
29
Contempt (R71)
Escheat (R91)
30
31
2.
3.
R34 S1
Grounds for judgment on the pleadings:
Answer fails to tender an issue
Answer admits the material allegations of
the adverse partys pleading
Forum Shopping:
Forum shopping is an act of malpractice of filing
multiple suits in different courts either
simultaneously or successively, involving the same
parties, and asking the courts to rule on the same or
32
2.
3.
th
R7 S5
33
34
vs
Counterclaim
Cross Claim
A
vs
and
(Original Complaint)
Cross Claim
Complaint In intervention
A vs B
C (or)
Counter crossclaim
Counterclaim
Original complaint
THIRD PARTY
COMPLAINT
COMPLAINT IN
INTERVENTION
Rule 6
Rule 19
35
Pleading filed by an
intervenor if he answers
a claim against either or
all of the original parties
Not
not
Initiatory pleading
Not an initiatory
pleading
Initiatory Pleadings
Initiated by way of
complaint
For CISA
Terceria
Pleading
Affidavit
Not
Compulsory CC
Arises out of or is
connected with the
transaction or
occurrence that is the
subject matter of the
opposing partys claim
Litis Pendencia
buyer beware
36
Notice to buyer of
existence of an adverse
claim
Notice
Production orders
PROVISIONAL REMEDIES
A. Preliminary Attachment (Rule 57)
When filed? (R57 S1)
At the commencement of the action or at any time
before entry of judgment, a plaintiff or any proper
party may have the property of the adverse party
attached as security for the satisfaction of judgment
that may be recovered in the following cases (See
grounds)
1.
2.
3.
4.
Rule 57 S1
5.
Provisional orders
attachment
(NOTE:
37
2.
3.
4.
Affidavit
HOW?
f.
By verified complaint
By verified motion
In all instances?
YES. Because under Summary Procedure, not a
prohibited pleading
38
FE/UD- No
INTERLOCUTORY, hence,
Stages:
-
Publication
Order/Execution
o
Implementation
o
M4R R65 S4
With Summons
How attached?
-
Garnishment
Levy on attachment
o
Writ of Preliminary
Attachment
Covers real or personal
property
At the commencement
of the action or at any
time before entry of
judgment
Amount of the bond is
the
value
of
the
obligation (fixed by the
court)
May be resorted to even
if property is in the
possession of a third
person
Writ of Replevin
Covers only personal
property
Commencement of the
action or at any time
before answer
Amount of the bond is
double the amount of
the personal property
Can be sought only when
defendant is in actual
possession
of
the
property
39
a.
b.
c.
Preliminary Injunction
-
Denial- interlocutory
-
Remedy: certiorari
If FJ- appeal
Writ of preliminary
injunction
A writ granted at any
stage of action or
proceeding prior to the
judgment or final order,
requiring a party or a
court, agency or person
from a particular act or
acts. It may also require
performance
of
a
particular act or acts, in
which case it shall be
known as a preliminary
mandatory injunction
TRO
An order to restrain
particular act or acts of a
party for a limited period
of time
40
1.
2.
3.
a.
b.
c.
4.
5.
6.
7.
R13 S13
2.
3.
4.
41
corresponding
HOW?
At the commencement of the complaint
-
By verified complaint
By verified motion
order.
42
AGAIN...
TRO- order restraining acts of a party for a limited
period of time
20 days
72 hours (ex parte)- extreme urgency
20 days non extendible
43
2.
3.
4.
5.
1.
2.
3.
FE and UD
o
R70preliminary
mandatory
injunction
and
preliminary
prohibitory injunction are allowed
Denied:
-
M4R
Certiorari Rule 65
Prohibitory Injunction
Provisional remedy
Rule 58
An order granted at any
stage of an action or
proceeding prior to the
judgment requiring a
party or a court, agency,
or a person to refrain a
particular act or acts
Prohibition
Special civil action
Rule 65
Petition in case a person
exercising
J,
QJ,
Ministerial
Function
acted without jur or with
GAD amounting to lack
or excess of jurisdiction,
for respondent to desist
from further proceedings
Mandatory Injunction
Mandamus
44
Provisional Remedy
Rule 58
An order requiring the
performance
of
a
particular act or acts
Directed against a party
Provisional remedy
By way of motion
C.
b.
c.
d.
2.
CA
3.
SC
REQUIREMENTS:
1.
45
2.
3.
IF pending appeal,
-
3.
To receive rents
4.
5.
6.
To make transfers
7.
8.
9.
By verified complaint
IF after judgment,
-
2.
By way of motion
46
2.
3.
a.
b.
c.
d.
2.
Jurisdiction/Venue:
Denied, REMEDY:
Counterbond double the amount of property
Facts:
47
IMMEDIATELY EXECUTORY!
Where filed?
FAMILY COURT
commenced by affidavits,
depositions, or other
authentic documents in
support thereof
S2- Comment
When available?
Nullity of marriage
Annulment of marriage
Legal separation
Criminal cases:
o
Rape
RA9262
S3- Hearing
1.
2.
At
a.
-
S1- Application
S4- Order
The court shall determine provisionally
1.
48
In criminal cases
1.
2.
terms of payment or
mode for providing the
support.
a.
offending party,
her parents,
grandparents,
or guardian
S7- Restitution
49
UD (70)
Partition (69)
Expropriation
(67)
1.
Interpleader (62)
2.
Declaratory Relief
remediesv (63)
3.
4.
5.
6.
Expropriation (67)
7.
8.
Partition (69)
9.
comelec, coa
(64)
c, m, p (65)
qw (66)
contempt (71)
and
other
similar
orders,
DENIED,
-
SCA initiated by
petition
- declaratory
relief (62)
- review
of
adjudication of
MOTION TO DISMISS
DEMURRER TO EVIDENCE
PARTS OF A PLEADING
50
S2- Order
Whenever
S3- Summons
Summons shall be served upon the conflicting
claimants, together with a copy of the complaint and
order.
At any time
Intervention
Rule 19
With leave of court
Ancillary to main action
If for plaintiff- complaint
in intervention
If for defendant- answer
in intervention
Before judgment
JURISDICTION:
Real- R4 S1
Personal- R4 S2
51
statute,
executive order,
regulation,
ordinance, or
S6- Determination
After the pleadings of the conflicting claimants have
been filed, and pre trial has been conducted in
accordance with these Rules,
-
reformation of an instrument
consolidate ownership
deed,
will,
contract, or
JURISDICTION/VENUE:
Declaratory Relief:
-
Queting of title:
-
Consolidation of ownership:
-
52
Reformation of contracts:
-
Requirements:
APPEAL R41
o
S2- Parties
All persons who have or claim any interest which
would be affected by the declaration shall be made
parties, and
-
statute,
EO, or
regulation, or
shall be entitled to be
heard upon such question
S1- Scope
Final orders or judgments of COA and COMELEC
53
S2- Mode
SC- petition for certiorari under Rule 65
S3- Time
Within 30 days from notice of judgment
IF M4r denied, filed within remaining period and not
less than any event reckoned from notice of the
denial
NO FRESH PERIOD RULE, only in 40 41 42 43 45
2.
3.
4.
18 copies
2.
3.
4.
5.
6.
Rule 65
Applies to orders of
judicial, quasi judicial
court or tribunals
60 days from denial of
motion
for
reconsideration (AM 7-712-SC)
Motion
for
reconsideration
is
required
Petition filed before RTC,
CA, SC
Rule 64
Applies to judgments,
final orders, resolutions
of CoA and COMELEC
30 days from notice of
judgment or final order
or resolution sought to
be reviewed
NOT
Petition filed before SC
54
Rule 43
Appeal/Petition
for
review of decisions of
Quasi Judicial Bodies
15 days from notice of
award, final judgment,
resolution
With the CA
b.
Rule 64
Petition for review of
judgments and final
orders or resolutions of
COMELEC and CoA
30 days from notice of
judgment or final order
sought to be reviewed
With the SC
international or executive
agreement
c. law
d.
presidential decree
e.
proclamation
f.
order
g.
instruction
h.
ordinance
i.
regulation
i. is in question
A8 S1 P2
Judicial Power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there is grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
government.
7.
A8 S5 P2
-
Review
Revise
Reverse
Modify
Affirm
o
6.
tax
b.
impost
c.
assessment
d.
toll
e.
8.
9.
treaty,
55
QUALIFICATIONS in ALL 3:
1.
2.
3.
Certiorari
-
Seeks to
jurisdiction
correct
errors
of
Certiorari
discretionary
Mandamus
Ministerial
Prohibition
Discretionary and
ministerial
To annul order
To
order To
restrain
performance
performance
60 days from receipt of final judgment or order or from denial of
motion for reconsideration
Against entity or Against entity or Against entity or
person exercising j person exercising person exercising j,
or ej function
ministerial function
ej,
ministerial
function
Without or GAD
Unlawful neglect of Without or GAD
ministerial duty or
excluded another
from a right or
office
Correct errors of Performance of act To
restrain
or
jurisdiction
or desist from prevent usurpation
excluding another of jurisdiction
from a right or
office
Prohibition
-
Mandamus
-
Errors of Jurisdiction
Court acted with GAD
amounting to lack or
excess of jurisdiction
Action of the court
Correctible by certiorari
Rule 65
Errors of Judgment
Misapprehension of law
or facts by the court
Valid proceeding
Correctible by appeal
Rules 40-43, 45
56
1.
2.
3.
9.
REQUIREMENTS:
1.
2.
3.
4.
5.
4.
6.
5.
6.
7.
8.
7.
8.
General rule:
57
65 vs 45 (simplified)
Except:
Rule 65
60 days
Motion
for
reconsideration required
Questions of jurisdiction
SC, CA, RTC
Special civil action
Rule 45
15 Days
Not
Questions of law
SC
Mode of appeal/petition
for review
58
c.
in short...
within 1 YEAR from usurpation of public office
2.
RTC, CA, SC
If Solicitor General files- RTC, CA, SC
Rule 66 S1
An action for usurpation of a public office, position,
or franchise may be commenced by a verified
petition brought in the name of the Republic of the
Philippines against:
a.
b.
59
2.
order of expropriation
3.
Constitutional Basis:
A3 S9
Private property shall not be taken for public use
without payment of just compensation
Foreclosure of Mortgage
-
Rule 68 S1
Contents of action:
1.
2.
assignments, if any
3.
order of compensation
60
4.
5.
6.
b.
7.
Nature of Action:
-
QUASI IN REM
Right of Redemption
Exists in EJ foreclosure
By mortgagee within 1
year from registration of
the sale in the Office of
the Registry of Deeds
Jurisdiciton/Venue:
Equity of Redemption
Exists in J foreclosure
By mortgagor during not
less than 90 days nor
more than 120 days from
entry of judgment or
foreclosure or even after
foreclosure sale but
before
judicial
confirmation of the same
JUDICIAL FORECLOSURE
EJ FORECLOSURE
Classes of partition:
61
2. Compulsory-
partition
by
judicial
proceedings at the instance of one or more
of the co tenants without regard to the
wishes of the other co tenants
Kinds of Partition
R4 S1 R4 S2
1.
Order of partition
2.
Order of accounting
62
of OWNERSHIP
Ejectment- form of action by which possessory titles
to corporeal hereditariments may be tried and
possession obtained which lies to regain possession
of real property, with damages for illegal detention
2 kinds: FE and UD
Forcible Entry
Person
in
physical
possession of land was
deprived of possession
through FISTS
Unlawful ab initio
Not require demand to
vacate
Prove prior possession
until deprived
1 y from date of actual
entry on land
Unlawful Detainer
Withholding by a person
of possession of land or
building
Legal but becomes illegal
Pay
AND
vacate;
jurisdictional
No need to prove prior
physical possession
1 year from date of last
demand
Jurisdiction/Venue:
MTC of the place where property or portion thereof
is situated (R4 S1)
Proceedings SUMMARY IN NATURE! (Rules on
Summary Procedure)
Complaints
2.
Compulsory counterclaims
3.
4.
Answers thereto
VERIFIED!
S5- Answer
Within 10 days from service of summons, the
defendant shall file his answer to the complaint and
serve a copy thereof on the plaintiff. Affirmative and
negative defenses not pleaded therein shall be
deemed waived, except for lack of jurisdiction over
the subject matter. Cross claims and compulsory
counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or
cross claims shall be filed and served within 10 days
from service of the answer in which they are
pleaded.
Rule 70
63
Summ Pro
a.
b.
c.
d.
e.
64
f.
Memoranda
g.
h.
i.
j.
Reply
k.
l.
Interventions
S20- Affidavits
a.
b.
c.
d.
S21- Appeal
e.
65
Contempt
-
Contempt of Court
-
R70 S15
Court may grant preliminary injunction, in
accordance with the provisions of R58 thereof, to
prevent defendant from committing further acts of
dispossession against plaintiff.
A possessor deprived of possession through Fe or UD
may, within 5 days from filing of complaint, present
a motion in the action for FE UD for issuance of writ
of preliminary mandatory injunction to restore him
in his possession. The court shall decide the motion
within 30 days from filing thereof
R70 S20
Upon motion of plaintiff, within 10 days from
perfection of appeal to the RTC, the latter may issue
a writ of preliminary mandatory injunction to restore
plaintiff in possession if the court is satisfied that
-
2 classifications of contempt:
1.
2.
DISCUSSION:
1.
A remedy
Acts covered:
-
66
b. Disobedience of or resistance to a
lawful writ, process, order,
judgment of a court, including act
of person who, after being
dispossessed or ejected from any
real property by the judgment or
process of any court of competent
jurisdiction, enters or attempts or
induces another to enter into or
upon such real property, for the
purpose of executing acts of
ownership or possession, or in any
manner disturbs possession given
to the person adjudged to be
entitled thereof
Punishment:
(RTC/of equivalent or higher rank)
F: not exceeding 2k OR
I: not exceeding 10 days, OR BOTH
(lower court)
F: not exceeding 200
Any abuse
interference
proceedings
constituting
under S1
d.
e.
Assuming to be an attorney or
officer of the court and acting as
such without authority
2.
of or any unlawful
with the processes or
of the court not
direct contempt as
Actions covered:
a.
Misbehaviour of an officer of a
court in the performance of his
67
Rule 13
f.
g.
Direct Contempt
In presence of a judge,
motu proprio or upon
motion
Cant initiate
In presence or so near
judge
Rem: certiorari
remedy
Indirect Contempt
Section 14
In an action affecting the title or the right of
possession of real property, the plaintiff and the
defendant, when affirmative relief is claimed in his
answer, may record in the office of the registry of
deeds of the province in which the property is
situated
a notice of the pendency of the action
Said notice shall contain the names of the parties
and the object of the action or defense, and a
description of the property in that province affected
thereby
Only from the time of filing such notice for record
shall
a purchaser,
Initiate
Not in presence of judge,
disobey court order
Rem: appeal
Original action
or encumbrancer
of the property affected thereby,
be deemed to have constructive notice of the
pendency of the action, and
only its pendency against the parties designated by
their real names
68
How is it done?
Personal Service
R13 S2
R13 S6
(PAMNOJDORS)
Notice
Order
Judgment
Service by mail
Demand
Offer of judgment
R13 S7
Resolution
Similar papers
69
2.
3.
4.
5.
R13 S8
If service of pleadings, motions, notices, resolutions,
orders, or other papers cannot be made under the 2
preceding section, the office and place of residence
of the party or his counsel being unknown, service
may be made by:
Delivering the copy to the clerk of court,
with proof of failure of both personal
service and service by mail
R13 S11
Whenever practicable, the service and filing of
pleadings and other papers shall be done personally.
Except with respect to papers emanating from the
court, a resort to other modes must be accompanied
by a written explanation why the service or filing was
not done personally.
A violation of this rule may be cause to consider the
paper as not filed.
70
docket and
III.
SERVICE OF SUMMONS
Summons
Writ or process in the name of the RP,
issued by the Branch clerk of court
informing the defendant of the filing of the
case against him, to file an answer within
the reglementary period, or else, be
declared in default
71
Office
Person
2 kinds of summons:
1.
2.
Summons
Subpoena
(R21 S1)
A process directed to a
person requiring him to
attend and to testify at
the hearing or trial of an
action, or at any
investigation conducted
by competent authority
or for the taking of his
deposition. (Subpoena
ad testificandum)
Needs tender of
kilometrage, attendance
fee, and reasonable cost
of production fee
Original or alias
Ad testificandum or
duces tecum
During trial or
investigation
IN PERSONAM
Service in person
72
Substituted service
IN REM
Service in person
Substituted Service
Publication
Requisites;
Extraterritorial Service
QUASI IN REM
Service in person
Substituted service
Publication
2.
Of legal age
2.
2.
73
2.
3.
2.
3.
Extraterritorial Service
Requisites;
Impossibility of the
personal service of
summons within a
reasonable time
The efforts exerted to
locate the person to be
served
To whom served / how?
By leaving copies of the
74
summons at:
1.
Defendants residence
with some person of
suitable age and
discretion then residing
therein or
2.
DENY M2D
R14 S14
3.
Identity is unknown or
whereabouts are unknown
1.
Ordinary defendant
75
Upon Prisoners
R14 S9
When defendant is a prisoner confined in a jail or
institution, service may be effected upon him by the
officer having the management of such jail or
institution who is deputized as a special sheriff for
said purpose.
R14 S14
In any action where the defendant is designated as
an unknown order, or the like, or whenever his
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
newspaper of general circulation and in such places
and for such time as the court may order.
76
Extraterritorial Service
R14 S15
When the defendant does not reside and is not
found in the Philippines, and the action affects the
personal status of plaintiff or relates to, or the
subject of which, is property within the Philippines,
in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief
demanded consists, wholly or in party, in excluding
defendant from any interest therein, or the property
of the defendant has been attached within the
Philippines, service may, by leave of court, be
effected out of the Philippines by personal service
as under S6; or by publication in a newspaper of
general circulation in such places and for such time
as the court may order, in which case a copy of the
summons and order of the court shall be sent by
registered mail to the last known address of the
defendant, or in any other manner the court may
deem sufficient. Any order granting such leave
shall specify a reasonable time, which shall not be
less than 60 days after notice, within which the
defendant must answer.
2.
3.
R14 S16
When any action is commenced against a defendant
who ordinarily resides within the Philippines, but
who is temporarily out of it, service may, by leave of
court, be also effected out of the Philippines, as
under the preceding section.
NOT in:
1.
2.
77
3.
EXCEPT:
Motion to dismiss
Rule 9 S1 (relate to Rule 16) provides for the
following instances when the court may dismiss a
case motu proprio:
Lack of jurisdiction over the subject matter
Litis pendencia
Res judicata
Prescription
EXCEPTION TO SERVICE OF SUMMONS:
Voluntary appearance
1.
78
Relate to R14
Jurisdiction over defendant may be acquired by:
voluntary appearance or by valid service of
summons, except if appearance is to question the
jurisdiction of the court
ONE-AT-A-TIME,
A. MOTION TO DISMISS (Rule 16)
Motion to dismiss
A motion to dismiss in an application for
relief filed by an original defendant, a
defendant in a permissive counterclaim,
cross claim, 3rd 4th etc party complaint,
complaint in intervention, filed within the
time for but before filing the answer to the
complaint or pleading asserting a claim
After service of summons, before filing of a
responsive pleading
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65.
79
NOTE:
Subject matter (BP129- conferred by law)
Exclusive original jurisdiction of courts, if
not within, then M2D is proper
GRANTED:
-
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65.
c.
Note: Rule 4
GRANTED:
e.
2.
3.
80
Aka PRESCRIPTION
GRANTED:
Appeal
GRANTED:
DENIED:
Appeal
f.
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65.
g.
Elements:
GRANTED:
Refile
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
81
j.
h. That the claim or demand set forth in the
plaintiffs pleading has been paid, waived,
abandoned, or otherwise extinguished
GRANTED:
General Rule: refile plus comply with
condition precedent, EXCEPT:
GRANTED:
Appeal
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65.
i.
82
2.
3.
4.
5.
6.
7.
8.
1.
2.
3.
83
9.
2.
3.
4.
2.
3.
4.
5.
NON LITIGATED
MOTION
What is a motion?
R15 S1
A motion is an application for relief other than by a
pleading
84
Motion of course
Movant is entitled to the relief or remedy
sought as a matter of discretion on the part
of the court
Special Motion
A motion addressed to the discretion of the
court
85
OF the 10 grounds,
Motion to dismiss after a responsive
pleading,
Rule 12
R116 S9
Purpose is to prepare
responsive pleading
Purpose is to enable
properly to plead and
prepare for trial
86
5.
In writing
6.
7.
8.
9.
Proof of service
To clarify ambiguities
Done before filing of a responsive pleading
What is a bill of particulars?
R12 S1 states that a bill of particulars is a more
definite statement of any matter which is not
averred with sufficient definiteness or particularity,
with the purpose of aiding in the preparation of a
responsive pleading.
2.
3.
4.
R12 S5
After service of the Bill of Particulars or of a more
definite pleading, or after notice of denial of his
motion, the moving party may file his responsive
pleading within the period to which he was entitled
at the time of filing his motion which shall not
exceed 5 days in any event
87
Kinds of amendments:
1.
2.
C.
2.
Amendment is substantial
3.
b.
c.
IN SHORT:
Amendment is the process of adding or
striking out or correcting a name or
allegation
Amendment as a matter of right
4.
88
Order is interlocutory
Substantial amendments
6.
5.
DENIED: Remedy?
Relate to Rule 2
-
Relate to Rule 3
-
89
Substantial amendment
o
Amended Pleading
Supplemental Pleading
A substantial pleading
does not require the
filing of a new copy of
the entire pleading
Amendment as a matter
of right is to be
answered before the
A supplemental pleading
may be answered within
10 days from notice of
Amendment by leave of
court is to be answered
within 10 days from
notice of the order
admitting the same. An
answer earlier filed may
serve as the answer to
the amended complaint
if no new answer is filed
(R11 S3)
Supersedes original
pleading
Supplements original
pleading
Relate to Rule 16
The court may either deny the motion to
dismiss, grant the motion to dismiss, or
ORDER THE AMENDMENT OF THE
PLEADING
As a matter of right
As a matter of discretion
o
90
EXCEPT:
1.
2.
3.
Rule 11 S11
Section 11
EXCEPTION TO EXCEPTION:
Small Claims Cases- motion to dismiss absolutely
hindi pwede
E.
Summary judgment
-
DENIED:
-
remedy is APPEAL
plead
o
NO (prohibited pleading)
91
Judgment by Default
Decision or judgment by
the court after order of
default and presentation
of evidence ex parte by
plaintiff
ORDER OF DEFAULT
Rule 9 S3 provides that a defending party who fails
to file an answer to an initiatory pleading within the
time allowed therefor may be declared in default.
REMEDY:
MOTION TO LIFT ORDER OF DEFAULT
Verified, FAME, Affidavit of Merit (note
what it is, and in what instances required
[all FAME])
Denied,
S4 R65
Interlocutory
o
Denied,
2.
3.
92
MTC
(all special civil actions, original actions in exercise of
original jurisdiction, final judgment)
ORDINARY CIVIL ACTION
Lose standing
Order of default
DENIED,
Motion for reconsideration
DENIED,
Certiorari Rule 65 RTC with TRO (S7 R9 amended by
AM 7-7-12)
R9 S3 in relation to Rule 10
-
DENIED,
R29
o
DENIED,
CA M4R Rule 52
DENIED,
SC R45 Petition for Review on Certiorari apply
Neypes, Hierarchy of courts
DENIED,
SC M4R Rule 52
Summary Proceedings
Motion to declare defendant in default is a
PROHIBITED PLEADING
93
PROHIBITED PLEADING
Summary Procedure
Given 10 days to answer from receipt of
service of summons
JUDGMENT BY DEFAULT
Nature: Final Judgment
R9 in relation to R11
Based on presentation of evidence ex parte
Denied. Remedy?
File a petition for review on certiorari before the SC
raising only questions of law which must be distinctly
set forth, within 15 days from notice of the denial of
petitioners motion for reconsideration filed in due
time after notice of the judgment.
Basis: R45 S2 and R45 S1-- CA judgment,
final order, or resolution can be elevated to
the SC raising only questions of law
Denied. Remedy?
Denied,
94
Basis: R52 S1
Compulsory counterclaim
AFTER FINALITY OF JUDGMENT:
Any of the following remedies:
1.
3.
4.
Collateral Attack
Reply
V.
FILING OF ANSWER
WITHIN WHEN?
What are the responsive pleadings?
95
Rejoinder
R14 S15
R13 S1
Defendant shall file answer to the complaint within
15 days after service of summons, unless a different
period is fixed by the court
2.
Compulsory counterclaim
R13 S2
Where the defendant is a foreign private juridical
entity and service of summons is made:
96
3.
R11 S4
A permissive counterclaim must be answered within
10 days from service
4.
R11 S4
9.
R11 S5
Time to answer a 3rd 4th etc party complaint shall be
governed by the same rule as the answer to the
complaint (hence, follow R11 S1, 2 plus
amendments)
6.
R19 S4
The answer to the complaint in intervention shall be
filed within 15 days from notice of the order
admitting the same, unless a different period is fixed
by the court
7.
11. Rejoinder
(?)
Reply
R11 S6
A reply may be filed within 10 days from service of
the pleading responded to
8.
R11 S3
97
R11 S4 (?)
Answer within 10 days from service
17-18.
R11 S3 (?)note the periods
Arises out of or is
necessarily connected
with the transaction or
occurrence that is the
subject matter of the
opposing partys claim
Must be answered or
else defendant can be
declared in default
Not an initiatory
pleading
Initiatory pleading
Counterclaim
Any claim which a
defending party may
have against the
opposing party
Cross Claim
Any claim by one party
against a co party arising
out of the transaction or
occurrence that is the
subject matter either of
the original action or of a
counterclaim therein
Permissive Counterclaim
98
Negative defense
INVERTED TRIAL
R6 S5
Negative defense is the specific denial of the
material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.
2.
Affirmative defense
R6 S5
An affirmative defense is an allegation of new matter
which, while hypothetically admitting the material
allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him. The
affirmative defenses include:
a.
Fraud
b.
Statute of limitations
c.
Release
d.
Payment
e.
Illegality
f.
Statute of frauds
g.
Estoppel
h.
Former recovery
i.
Discharge in bankruptcy
j.
Kinds of Denials:
1.
99
2.
Usury in a complaint
2.
3.
Summary procedure
4.
Disavowal of knowledge
Except:
1.
Fraud/forgery
2.
MODES OF DISCOVERY
Rules 23-28
Specific not necessarily Specific Denial
EXCEPT:
1.
Actionable Document
100
Discussing each:
1.
2.
3.
4.
Scope of examinations:
1.
2.
Not privileged
3.
2.
1.
101
5.
2.
3.
6.
Use of depositions:
1.
2.
Subpoena
Mode of discovery
Process
By motion
By request
Production or Inspection
of Documents or Things
Mode of discovery
Original of Evidence in
Custody of Adverse
Party
Exception to the best
102
evidence rule
By motion
By notice
2.
Governed by Rule 28
Special proceeding
Mode of discovery
File a petition
File a motion
Filed by Regional
Director of DOH
3.
103
2.
104
irrelevant allegations
immaterial allegations
Judgment on the
Pleadings
Another:
JUDGMENT ON THE PLEADINGS (Rule 34)
Filed by plaintiff
Filed by defendant
Based on pleadings,
depositions, admissions,
affidavits
No genuine issue
between the parties
On the merits
Interlocutory or on the
merits
S1
Where the answer
-
nullity or
annulment of marriage or
Summary Judgment
If filed by defendant,
may be filed at any time
even before answer
VII.
Exception that JoP be on motion:
-
105
Reply to answer
REJOINDER
Reply to answer to cross claim
Second pleading on the party on the part of
defendant being his answer to the plaintiffs
replication
IX.
Rule 18 S1 COMPLETE:
AFTER the LAST PLEADING ASSERTING A CLAIM has
been served and filed, or AFTER the EXPIRATION OF
THE TIME FOR FILING THE LAST PLEADING
ASSERTING A CLAIM, a pre trial is to be conducted
upon motion ex parte by plaintiff that the case be
set for pre trial
Rejoinder
By MOTION
If the motion is not filed, is the case dismissed for
failure to prosecute?
-
Answer
It is not dismissed
Mandatory requirement
Answer to third party complaint
Answer to complaint in intervention
After arraignment,
within 30 days from the
date the court acquires
jurisdiction over the
accused
106
Rule 118
Rule 18
Presence of private
offended party is not
required (as only
required to appear at
arraignment)
Failure of plaintiff to
appear, dismissal of the
case with prejudice,
unless otherwise
ordered by the court
Failure of defendant to
appear, plaintiff to
present evidence ex
parte
Pr trial agreement is in
writing, signed by
accused and counsel, or
else, cannot be used
against accused
Considerations in pre
trial conference:
Considerations in pre
trial:
Plea bargaining
Stipulation of
facts
Marking of
identification of
evidence of the
parties
Waiver of
objections to
admissibility of
evidence
Modification of
order of trial if
accused admits
the charge but
interposes a
lawful defense
Such matters as
will promote a
fair and
expeditious trial
of the criminal
and civil aspects
of the case
Possibility of
amicable
settlement or
submission to
alternative
modes of
dispute
resolution
Simplification of
the issues
Necessity or
desirability of
amendments to
the pleadings
Possibility of
obtaining
stipulations or
admissions of
facts and of
documents to
avoid
unnecessary
proof
Limitation on
the number of
witnesses
Advisability of
preliminary
conference of
issues to
107
commissioner
Propriety of
rendering
judgment on
the pleadings,
summary
judgment,
dismissing the
action should a
valid ground
therefor be
found to exist
sanctions against
counsel and prosecutor
Failure to appear by
defendant, plaintiff to
present evidence ex
parte
b.
c.
d.
e.
f.
g.
Advisability or
necessity of
suspending the
proceedings
Such other
matters as may
aid in the
prompt
disposition of
the action
(simplified)
Pre Trial In Criminal
After arraignment
plaintiff, dismissal of
case with prejudice
Failure to appear by
108
h.
i.
f.
Failure to file the pre trial brief shall have the same
effect as failure to appear at the pre trial.
b.
c.
d.
e.
1.
2.
109
110
REMEDIES:
111
Pre Trial
-
X.
TRIAL
Deemed admitted
JUDGMENT ON THE
PLEADINGS
Cause of action
112
Direct testimony
To impleach
testimony of
witness
To refresh
memory of the
witness
Misleading questions
Ididiscuss din to
isa isa sa
memorandum
Cross Examination
Requires knowledge of:
-
Facts
Evidence
Defenses
Re Direct Examination
Re establish what was destroyed during the
cross examination
Re Cross Examination
Destroy what was re established in the re
direct examination
NOTE: Identify all witnesses
Offer of Testimony
Made at the time the
witness is presented on
the witness stand
Offer of Evidence
After termination of
presentation of evidence
of prosecution
113
Evidence in chief
Evidence supporting allegations in the
complaint
10 grounds
If granted, case
dismissed
If granted, case
dismissed, remedy
depends:
Then,
Comment or objection
-
Secondary
Not identical
Then,
Order of admission/Exclusion of evidence
Demurrer to evidence in
Civil Procedure
Demurrer to evidence in
Criminal Procedure
Considered by CA in appeal
Rule 33
No leave of court
required
M2D
Rule 33
Rule 16
Before filing of
responsive pleading
114
demurrer is denied
If court finds that
evidence is insufficient
(plaintiff has shown no
right to relief), complaint
dismissed as demurrer is
granted
(simplified version)
D2E Civil
Judgment of acquittal
not appealable, hence,
DJ sets in
Judgment of dismissal is
appealable
evidence
Judgment of acquittal is
not appealable; DJ sets
in
If demurrer is granted
but on appeal, order of
dismissal is reversed,
defendant is deemed to
have waived the right to
present evidence
D2E Criminal
Rule 33
Re Direct Examination
Re Cross Examination
Formal offer of evidence
Comment
Objection
Offer
115
3.
in writing,
REBUTTAL EVIDENCE
4.
5.
MEMORANDUM
Kinds of Judgments:
JUDGMENT UPON A COMPROMISE
After trial,
XI.
116
(A2028-2046, NCC)
Judgment upon
compromise
Judgment by confession
An affirmative and
voluntary act of
defendant himself. The
court exercises a certain
amount of supervision
over the entry of
judgment
CLARIFICATORY JUDGMENT
2 kinds of judgment by confession:
Judgment by Cognovit actionem
117
R36 S4
Judgment rendered by the court where in
an action against several defendants, the
court renders judgment against one or
more of them, leaving the action to proceed
against the others
R36 S5
Judgment rendered disposing of a claim
among several others presented in a case
after a determination of issues material to a
particular claim and all counterclaims
arising out of the transaction or occurrence
which is the subject matter of said claim
SPECIAL JUDGMENT
R39 S11
Judgment requiring performance of an act
other than execution of judgments for
money execution of judgments for a specific
act,
a certified copy of the judgment shall be
attached to the writ of execution and shall
be served by the officer upon the party
against whom the same is rendered, or
upon any other person required thereby, or
by law, to obey the same, and such party or
118
AMENDED JUDGMENT
R39 S10
SUPPLEMENTAL JUDGMENT
JUDGMENT ON DEMURRER TO EVIDENCE
R33
judgment rendered by court dismissing case
upon motion of defendant, made after
plaintiff rested his case, on the ground that
upon the facts presented by plaintiff and
the law on the matter, plaintiff has not
shown any right to relief
CONDITIONAL JUDGMENT
FINAL JUDGMENT
Conclusiveness of judgment
Stare Decisis
Obiter Dictum
119
c.
XII.
1.
2.
2.
R37 S1
Within the period for taking an appeal, a motion for
reconsideration may move for reconsideration on
the grounds that:
a.
b.
120
4.
MTC decisions
MTC
RTC
Notice /
Record
on
Appeal
under
R40
Petition for
Review
under Rule
42
(from RTC
decisions in
exercise of
appellate
jurisdiction)
M4R
Under
Rule 37
CA
Petition 4
review on
certiorari
under
SC
Rule 45
M4R
Rule
52
RTC
M4R
Under
Rule 37
SC
Notice or
Record
on appeal
under
Rule 41
CA
Petition 4
M4R
review on
Under certiorari
Rule 52 under
Rule 45
SC
M4RSC
Rule
52
121
2.
3.
4.
5.
6.
7.
8.
9.
Notice/Record on Appeal
In case of Record on Appeal, appellants Brief 45
days to file record on appeal
Rule 40
Rule 41
Rule 42
Rule 43
Rule 45
Memorandu
m of appeal
Appellant
s Brief
Petition
for Review
Petition
For
Review
Petition for
Review on
Certiorari
Notice or
Record on
appeal
Notice or
record on
appeal
Petition
for Review
Petition
for
Review
(Appeal?)
Petition for
Review on
Certiorari
Of MTC
decisions
Of RTC
Decisions
original
jurisdictio
n
Of RTC
decisions
appellate
jurisdictio
n
Of quasi
judicial
bodies
Of CA,
Sandiganbayan
, CTA, RTC
decisions
Questions of
fact law or
both
Questions
of fact law
or both
Questions
of fact
law, or
both
Question
s of fact
law or
both
Questions of
law
To RTC
To CA
To CA
To CA
To SC
General Rule:
122
2.
Relate to appeal
o
Annulment of judgment
-
Important condition:
-
S2- Grounds
1.
2.
3.
123
R39 S8
4.
Collateral Attack
EXECUTION OF JUDGMENT
-
e.
f.
Case number
g.
Dispositive
portion
of
the
judgment or order subject of the
execution
h.
Execution
-
for
the
BY MOTION- 5 years
AFTER 5 years
Revival of Judgment- 10 YEARS, by MOTION
Except:
1.
1.
2.
3.
124
4.
Execution is enjoined
5.
6.
1.
2.
2.
3.
4.
Improvidently issued
5.
6.
Defective in substance
Discretionary Execution
May issue before lapse
of period to appeal, and
even during appeal
Discretionary upon the
court; there is inquiry on
whether there is good
reason for execution
S2- Discretionary execution
a.
7.
Execution as a matter of
right
Period to appeal has
already
lapsed,
no
appeal is perfected
Ministerial duty of the
court provided there are
no supervening events
order execution of a
judgment or final order
even
before
the
expiration of the period to
appeal
Except:
125
b.
CERTIORARI
o
Grounds:
1.
2.
1.
Injunction
2.
Receivership
3.
Accounting
4.
Support
5.
2.
3.
Supersedeas Bond
Modes of enforcement:
1.
2.
126
Garnishment
Revival of judgment S6
Independent action
Assumes there is no
execution within first 5
years
Party who files the
action is the judgment
creditor himself, or his
assignee,
or
his
successor in intereest
Filed due to lapse of 5
year period
Attachment
Refers to corporate
property in possession of
judgment debtor
Garnishment
Refers to money, stocks,
credits,
other
incorporeal
property
which
belong
to
judgment debtor but is
in the possession or
under control of a third
person
S6 N/A to:
1.
2.
3.
4.
2.
Satisfaction by levy
3.
2.
3.
4.
5.
2.
Levy
-
127
3.
4.
5.
6.
7.
8.
9.
court
of
2.
3.
4.
Terceria
10. Lettered gravestones
128
Ordinary sale on
execution
Need not be confirmed
by court
of
3.
4.
Right
exists
2.
redemption
Sale in judicial
foreclosure of mortgage
Must be confirmed by
court in order to divest
rights in the property of
the parties and to vest
the
rights
in
the
purchaser
No right of redemption
except when mortgagee
is a bank or a banking
institution
Title is acquired upon
confirmation
and
registration
of
the
foreclosure sale
2.
Cannot be ejected
3.
4.
5.
6.
129
2.
3.
4.
7.
Conclusiveness of judgment
-
5.
Inalterability
judgment
of
final
and
executory
Conclusiveness of judgment
6.
130
of
Conclusiveness of
judgment
Identity of parties and
subject matter
First
judgment
is
conclusive only as to
matters
directly
adjudged and actually
litigated in the first
action. Second action
can be prosecuted
Has the effect of
preclusion only to issues
1.
2.
2.
Want of jurisdiction
2.
Want of notice
3.
Collusion
4.
Fraud
131
a.
b.
Want of jurisdiction
2.
3.
Collusion
4.
Fraud
5.
132