Professional Documents
Culture Documents
PART I
1.General Principles
1.1 Concept of Remedial Law
Remedial Law is that branch of law which prescribes the methods of
enforcing rights and obligations created by substantive law in case of
invasion of these rights.
Nature of Remedial Law:
Since they (remedial law) are promulgated by authority of law, they
have the force and effect of law if not in conflict with substantive law
(Ateneo v. De La Rosa, G.R. No. L-286, March 28, 1946)
1.2 Substantive Law vis a vis Remedial Law
Substantive law is that part of the law which creates, defines and
regulates rights, or which regulates the rights and duties which give rise to a
cause of action; that part of the law which courts are established to
administer; as opposed to adjective or remedial law, which prescribes the
method of enforcing rights or obtains redress for their invasion. (Bustos v.
Lucero, G.R. No. L-2086, March 8, 1949 Motion for Reconsideration
Resolution)
Distinction between Remedy and Substantive right:
The distinction between "remedy" and "substantive right" is
incapable of exact definition. The difference is somewhat a question of
degree. It is difficult to draw a line in any particular case beyond which
legislative power over remedy and procedure can pass without touching
upon the substantive rights of parties affected, as it is impossible to fix that
boundary by general condition. This being so, it is inevitable that the
Supreme Court in making rules should step on substantive rights, and the
Constitution must be presumed to tolerate if not to expect such incursion as
does not affect the accused in a harsh and arbitrary manner or deprive him
of a defense, but operates only in a limited and unsubstantial manner to his
disadvantage. For the Court's power is not merely to compile, revise or codify
the rules of procedure existing at the time of the Constitution's approval. This
power is "to promulgate rules concerning pleading, practice, and procedure
in all courts," which is a power to adopt a general, complete and
comprehensive system of procedure, adding new and different rules without
regard to their source and discarding old ones. (Bustos v. Lucero, supra)
1.2.1 Meaning of Procedural Laws
According to De los Santos v. Vda. de Mangubat: Procedural law refers
to the adjective law which prescribes rules and forms of procedure in order
that courts may be able to administer justice. Procedural laws do not come
within the legal conception of a retroactive law, or the general rule against
the retroactive operation of statues they may be given retroactive effect
on actions pending and undetermined at the time of their passage and this
will not violate any right of a person who may feel that he is adversely
affected, insomuch as there are no vested rights in rules of procedure.
(Priscilla Alma Jose, Vs. Ramon C. Javellana, Et Al., G.R. No. 158239, January
25, 2012)
1.2.2 Procedural rules applicable to actions pending at the time of
promulgation
Statutes and rules regulating the procedure of courts are considered
applicable to actions pending and unresolved at the time of their passage.
Procedural laws and rules are retroactive in that sense and to that extent.
The effect of procedural statutes and rules on the rights of a litigant may not
preclude their retroactive application to pending actions. This retroactive
application does not violate any right of a person adversely affected. Neither
is it constitutionally objectionable. The reason is that, as a general rule, no
vested right may attach to or arise from procedural laws and rules. It has
been held that "a person has no vested right in any particular remedy, and a
litigant cannot insist on the application to the trial of his case, whether civil
or criminal, of any other than the existing rules of procedure." More so when,
as in this case, petitioner admits that it was not able to pay the docket fees
on time. Clearly, there were no substantive rights to speak of when the RTC
dismissed the Notice of Appeal. Panay Railways Inc., Vs. Heva Management
And Development Corporation, Pamplona Agro-Industrial Corporation, And
Spouses Candelaria Dayot And Edmundo Dayot, G. R. No. 154061, January
25, 2012)
1.2.3 Liberal construction or suspension of procedural rules
It should be emphasized that the resort to a liberal application, or
suspension of the application of procedural rules, must remain as the
exception to the well-settled principle that rules must be complied with for
the orderly administration of justice. (Building Care Corporation/Leopard
Security & Investigation Agency And/Or Ruperto Protacio, Vs. Myrna
Macaraeg, G.R. No. 19835710 December 2012)
In Rural Bankers Association of the Philippines v. Tanghal-Salvaa, this
Court held: Obedience to the requirements of procedural rules is needed if
the parties are to expect fair results therefrom, and utter disregard of the
rules cannot justly be rationalized by harking on the policy of liberal
construction. Procedural rules are tools designed to facilitate the adjudication
of cases. Courts and litigants alike are thus enjoined to abide strictly by the
rules. And while the Court, in some instances, allows a relaxation in the
application of the rules, this was never intended to forge a bastion for erring
litigants to violate the rules with impunity. The liberality in the interpretation
and application of the rules applies only in proper cases and under justifiable
causes and circumstances. While it is true that litigation is not a game of
technicalities, it is equally true that every case must be prosecuted in
accordance with the prescribed procedure to insure an orderly and speedy
administration of justice. (Mca-Mbf Countdown Cards Philippines Inc., Amable
The Supreme Court shall have the following power Promulgate rules
concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by
the Supreme Court. (Article VIII, Section 5(5), 1987 Phil. Constitution)
1.3.1 Limitations of Rule-Making Power of the Supreme Court
1. The rules provide a simplified and inexpensive procedure for the
speedy disposition of cases;
2. The rules shall be uniform (not different or varying) for all courts of
the same grade;
3. The rules shall not diminish, increase, or modify substantive rights.
(Article VIII, Section 5(5), 1987 Phil. Constitution)
1.3.2 Power of the Supreme Court to amend and suspend procedural
rules
The courts have the power to relax or suspend technical or procedural
rules or to except a case from their operation when compelling reasons so
warrant or when the purpose of justice requires it. What constitutes good and
sufficient cause that would merit suspension of the rules is discretionary
upon the court(Commissioner of Internal Revenue v. Migrant Pagbilao
Corporation, G.R. No. 159593. October 12, 2006).
In fact, this Court has held that even if there was complete noncompliance with the rule on certification against forum shopping, the Court
may still proceed to decide the case on the merits, pursuant to its inherent
power to suspend its own rules on grounds, as stated above,of
substantial justice and apparent merit of the case. (SM Land, Inc.
(Formerly Shoemart, Inc.) and Watsons Personal Care Store, Phils., Inc. Vs.
City of Manila, Liberty Toledo, in her official capacity as the City Treasurer of
Manila, et al. G.R. No. 197151. October 22, 2012)
1.3.3. Power of the Supreme Court to promulgate rules carries with
it the power to overturn judicial precedents:
a) The constitutional power of the Supreme Court to promulgate rules
of practice and procedure to amend or repeal the same necessarily carries
with it the power to overturn judicial precedents on points of
remedial law through the amendment of the Rules of Court.(Pinga v.
Heirs of Santiago, G.R No. 170354, June 30, 2006).
1.3.4. Power of the Supreme Court to promulgate rules are means
for the court to exercise jurisdiction:
27, 2007; De los Reyes v. People, G.R. No. 138297, January 27, 2006)
General rule: A higher court will not entertain a direct resort to it UNLESS
the redress cannot be obtained in the appropriate lower court.
Exception:
In cases of national interest and of serious implications,
Supreme Court does not hesitate to set aside the rule and proceed with the
determination of the case (COMELEC v. Quijano-Padilla, G.R. No. 151992,
September 18, 2002).
Purposes of Doctrine of Hierarchy of Courts; Exception
This Courts original jurisdiction to issue writs of certiorari is not
exclusive. It is shared by this Court with Regional Trial Courts and with the
Court of Appeals. This concurrence of jurisdiction is not, however, to be taken
as according to parties seeking any of the writs an absolute, unrestrained
freedom of choice of the court to which application therefor will be directed.
There is after all a hierarchy of courts. That hierarchy is determinative of
the venue of appeals, and also serves as a general determinant of
the appropriate forum for petitions for the extraordinary writs. A
becoming regard for that judicial hierarchy most certainly indicates that
petitions for the issuance of extraordinary writs against first level ("inferior")
courts should be filed with the Regional Trial Court, and those against the
latter, with the Court of Appeals. A direct invocation of the Supreme Courts
original jurisdiction to issue these writs should be allowed only when there
are special and important reasons therefor, clearly and specifically
set out in the petition.(United Claimants Association of NEA (Unican) Vs.
National Electrification Administration (NEA), G.R. No. 187107, January 31,
2012)
Doctrine of Transcendental Importance
Evidently, the instant petition should have been filed with the RTC.
However, as an exception to this general rule, the principle of
hierarchy of courts may be set aside for special and important
reasons. Such reason exists in the instant case involving as it does the
employment of the entire plantilla of NEA, more than 700 employees all told,
who were effectively dismissed from employment in one swift stroke. This to
the mind of the Court entails its attention. (United Claimants Association of
NEA (Unican) Vs. National Electrification Administration (NEA), G.R. No.
187107, January 31, 2012)
The rule on hierarchy of courts does not prevent the Supreme Court
from assuming jurisdiction where exceptional and compelling circumstances
justify the resort to such remedy, in which case, the Supreme Court exercises
its primary jurisdiction (Agan vs. Philippine International Air Terminal Co.,
[PIATCO], G.R. No. 155001, May 5, 2003).
Doctrine of Non-interference or Judicial Stability
Courts of equal and coordinate jurisdiction cannot interfere or review
with the orders of each other. A court is barredfrom reviewing judgments of a
co-equal court over which it has no appellate jurisdiction nor power of review.
Doctrine of Non-interference applicable in administrative bodies:
The doctrine applies with equal force to administrative bodies. When
the law provides for an appeal from the decision of an administrative body to
the SC or CA, it means that such body is co-equal with the RTC in terms of
rank and stature, and logically beyond the control of the latter (Civil
Procedure [A Restatement For The Bar], Riano, 2007 ed. Citing Sinter
Corporation and Phividec Industrial Authority v. Cagayan Electric Power and
Light Co., Inc., G.R. No. 127371, 25 April 2002).
Doctrine of Primary Jurisdiction
The court cannot or will not determine a controversy involving a
question which is within the jurisdiction of an administrative tribunal prior to
resolving the same, where the question demands the exercise of sound
administrative discretion
requiring special knowledge, experience and
services in determining technical or intricate matters of fact. (Omictin vs.
Court of Appeals, G.R. No. 148004, January 22, 2007)
Exceptions:
(a) where there is estoppel on the part of the party invoking the
doctrine;
(b) where the challenged administrative act is patently illegal,
amounting to lack of jurisdiction;
(c) where there is unreasonable delay or official inaction that will
irretrievably prejudice the complainant;
(d) where the amount involved is relatively small so as to make the
rule impractical and oppressive;
(e) where the question involved is purely legal and will ultimately have
to be decided by the courts of justice;
(f) where judicial intervention is urgent;
(g) when its application may cause great and irreparable damage;
(h) where the controverted acts violate due process;
(i) when the issue of non-exhaustion of administrative remedies has
been rendered moot;
(j) when there is no other plain, speedy and adequate remedy;
(k) when strong public interest is involved; and,
(l) in quo warranto proceedings.
(Republic v. Lacap, G.R. No. 158253, March 2, 2007, 517 SCRA 255)
Doctrine of Adherence of Jurisdiction/Continuing Jurisdiction
Jurisdiction, once it attaches, cannot be ousted by the happening of
subsequent events even of such character which should have prevented
jurisdiction from attaching in the first instance. The rule of adherence of
jurisdiction (exists) until a cause is finally resolved or adjudicated. (Abad, et.
al. v. RTC of Manila, et. al. G.R. No. L-65505, October 12, 1987)
Exceptions:
When the change in jurisdiction is curative in character (Abad et. al. v.
RTC of Manila et. al., supra)
Jurisdiction over the subject matter is the power to hear and determine
the general class to which the proceedings in question belong. Jurisdiction
over the subject matter is conferred by law and not by the consent or
acquiescence of any or all of the parties or by erroneous belief of the court
that it exists. Basic is the rule that jurisdiction over the subject matter is
determined by the cause or causes of action as alleged in the complaint.
(G.R. No. 178193, Danilo S. Ursua Vs. Republic of the Philippines)
ORIGINAL
1. Exclusive
2. Concurrent
a. with the CA
c. with RTC
d. with CA,
RTC and
Sandiganbayan
APPELLATE
ORIGINAL
1. Exclusive
2. Concurrent
a. with the SC
b. with SC,
Sandiganbayan and RTC
c. with SC,
Sandiganbayan and
RTC
APPELLATE
ORIGINAL
1. Exclusive
APPELLATE
Exclusive original
or appellate to
review by appeal
2.5.4. Sandiganbayan
ORIGINAL
1. Exclusive
Three conditions:
1. What offenses: offenses must be cognizable by
the Sandiganbayan (Hannah Serana vs.
Sandiganbayan, G.R. No. 162059, January 22,
2008).
2. Offender: offender must be a public officer
(Escobal vs. Garchitorena, G.R. No. 124644,
February 5, 2004).
3. How committed: it must be committed in
relation to their public office(Lacson vs.
Executive Secretary, G.R. No. 128096, January
20, 1999).
2. Concurrent
a. with the SC
APPELLATE
officers below SG 27
1. Actions
ORIGINAL
1. Exclusive
involving
relations;
marriage
and
marital
enforcement of
or modification of
for arbitration
47, ADR Act of
10. Probate
As a SPECIAL
COMMERCIAL
COURT
2. Concurrent
a. with the SC
b. with the SC
1. Cases
1. Petitions
for
certiorari,
other
public
prohibition
and
EXCLUSIVE
ORIGINAL
1. Petitions
for
guardianship,
custody
of
children, habeas corpus in relation to the
latter;
2. Petitions for adoption of children and the
revocation thereof;
3. Complaints for annulment of marriage,
declaration of nullity of marriage and those
relating to marital status and property
relations of husband and wife or those living
together under different status and agreements,
and petitions for dissolution of conjugal
partnership of gains;
4. Petitions for support and/or acknowledgment;
5. Summary judicial proceedings brought under
the provisions of E.O. No. 209 or the Family Code;
6. Petitions for declaration of status of children
as abandoned, dependent o neglected children,
petitions for voluntary or involuntary commitment
of children; the suspension, termination, or
restoration of parental authority and other cases
cognizable under P.D. No. 603, E.O. No. 56, (Series
of 1986), and other related laws;
7. Petitions for the constitution of the family home;
and
8. Cases of domestic violence against women
and children, as defined in sec. 5(k), R.A. 8369,
but which do not constitute criminal offenses
subject to criminal prosecution and penalties
9. Cases covered by Juvenile Justice and Welfare Act
(RA 9344)
ORIGINAL
1. Exclusive
NOTE:
The
jurisdictional
amount
was
adjusted
pursuant
to Sec. 5, RA 7691,
2. Concurrent
a. with RTC
Cadastral and land registration casesassigned
by the SC where there is a). no controversy or
opposition, or b). where there is controversy, the
contested lot valued at not more than P100,000.
3. Delegated
4. Special
cases
involving
custody,
guardianship,
ORIGINAL
1. Exclusive
legitimacy, paternity
under PD No. 1083;
and
filiation
arising
2. Concurrent
with EXISTING
CIVIL COURTS
NOTE: The decisions of the Sharia District Courts whether on appeal from
the Sharia Circuit Courts or not, shall be final. The Supreme Court shall,
however, continue to exercise original and appellate jurisdiction over certain
issues as provided by the Constitution (Art. 145).
2.7. Jurisdiction over Small Claims cases:
Over all actions which are:
a. purely civil in nature where the claim or relief prayed for by the plaintiff
is solely for payment or reimbursement of sum of money, and
b. the civil aspect of criminal action, or reserved upon the filing of the
criminal action in court, pursuant to Rule of 111.
Court which has jurisdiction.
To be tried before the Metropolitan trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of
money where the value of the claim does NOT exceed One Hundred
Thousand Pesos (P100,000.00) exclusive of interest and costs.
These claims or demands may be:
a. For money owned under any of the following:
1) Contract of Lease;
2) Contract of Loan;
3) Contract of Services;
4) Contract of Sale; or
5) Contract of Mortgage.
b. For damages arising from any of the following:
1) Fault or negligence;
2) Quasi-contract; or
3) Contract.
Immediate execution of judgment in Small Claims cases.
Section 23 of the Rule of Procedure for Small Claims Cases states that
the decision shall immediately be entered by the Clerk of Court in the court
docket for civil cases and a copy thereof forthwith served on the parties.
(A.L. Ang Network, Inc. v. Emma Mondejar, accompanied by her husband,
Efren Mondejar,G.R. No. 200804. January 22, 2014.)
execution in accordance with the Rules. (Crisanta Alcaraz Miguel vs. Jerry D.
Montanez, G.R. No. 191336, January 25, 2012)
Thus, under Section 417 of the Local Government Code, such amicable
settlement or arbitration award may be enforced by
Under the first remedy, the proceedings are covered by the Local
Government Code and the Katarungang Pambarangay Implementing Rules
and Regulations. The Punong Barangay is called upon during the hearing to
determine solely the fact of non-compliance of the terms of the settlement
and to give the defaulting party another chance at voluntarily complying with
his obligation under the settlement.
Under the second remedy, the proceedings are governed by the Rules
of Court, as amended. The cause of action is the amicable settlement itself,
which, by operation of law, has the force and effect of a final judgment.
However, the mode of enforcement does not rule out the right
of rescission under Art. 2041 of the Civil Code. The availability of the
right of rescission is apparent from the wording of Sec. 417 itself which
provides that the amicable settlement "may" be enforced by execution by
the lupon within six (6) months from its date or by action in the appropriate
city or municipal court, if beyond that period. The use of the word "may"
clearly makes the procedure provided in the Revised Katarungang
Pambarangay Law directory or merely optional in nature.
A civil action is one by which a party sues another for the enforcement
or protection of a right, or the prevention or redress of a wrong (Rule 1,
Section 3(a), Rules of Court). It is governed by ordinary rules on action.
In Rem:
One which is not directed against a particular person but on the thing
or res itself and the relief sought is binding upon the whole world.
The thing or res maybe personal or real property or it may be a status,
right, or a particular fact (Primer-Reviewer on Remedial Law, Vol.I, Civil
Procedure, Riguera, 1st ed., 2009).
The object is to bar indifferently all who might be minded to make any
objection against the right sought to be enforced, hence the judgment
therein is binding theoretically upon the whole world, e.g., expropriation
(Regalado).
In Personam
One which is directed against a particular person and the relief sought
is binding upon such person e.g., action for sum of money or for specific
performance.
Service of summons in actions in personam
Where the action is in personam [footnote: An action in
personam is one which seeks to enforce personal rights and obligations
against a defendant and is based on the jurisdiction of the person, although
it may involve his right to, or the exercise of ownership of, specific property,
or seek to compel him to control or dispose of it in accordance with the
mandate of the court. (See Belen v. Chavez , G.R. No. 175334, March 26,
2008, 549 SCRA 479, 481.)] and the defendant is in the Philippines, service
of summons may be made through personal service, that is, summons shall
be served by handing to the defendant in person a copy thereof, or if he
refuses to receive and sign for it, by tendering it to him. If the defendant
cannot be personally served with summons within a reasonable time, it is
then that substituted service may be made. Personal service of summons
should and always be the first option, and it is only when the said summons
cannot be served within a reasonable time can the process server resort to
substituted service. (Planters Development Bank, Vs. Julie Chandumal, G.R.
No. 19561905 September 2012)
Quasi in Rem:
It is a proceeding where an individual is named as defendant, and the
purpose of the proceeding is to subject his interest therein to the obligation
or lien burdening the property e.g., Quieting of Title where the object is in
rem (real property) and the subject is in personam (defendant). The
judgment entered in this proceeding is conclusive only between the parties
(Feria Noche, Civil Procedure, Vol. I)
Whether a proceeding is in rem, or in personam or quasi in rem is
determined by its nature and purpose (Yu v. Pacleb, etc., G.R. No. 172172,
24 Feb. 2009).
3.1.8. Independent Civil Actions
right with consequential injury or damage to the plaintiff for which he may
maintain an action for recovery or other relief (Relucio vs. Lopez, 373 SCRA
578, 2002).
Section 2, Rule 2 of the Rules of Court defines a cause of action as
an act or omission by which a party violates the right of another. A complaint
states a cause of action when it contains three (3) essential elements of a
cause of action, namely:
1) the legal right of the plaintiff,
2) the correlative obligation of the defendant, and
3) the act or omission of the defendant in violation of said legal right
(Juana Complex I Homeowners Association, Inc., et al. vs. Fil-Estate Land,
Inc., G.R. No. 152272, March 5, 2012)
3.2.2. Right of Action versus Cause of Action
Right of action is the right to commence and prosecute an action to obtain
the relief sought, while cause of action is the act or omission by which a
party violates the right of another (Rule 2, Sec. 2).
Elements of Right of Action:
a)Existence of the cause of action;
b) Performance of all conditions precedent; and
c) The action must be instituted by the proper party.
3.2.3. Failure to State Cause of Action
Where there is failure to state a cause of action in a pleading, the
remedy of the defendant is to move for its dismissalon the ground that
the pleading asserting the claim states no cause of action.Rule 16, Sec 1 (g)
3.2.4. Test of Sufficiency of Action
Whether or not admitting the facts alleged, the court could render a valid
judgment upon the same in accordance with the prayer in the complaint
(Misamis Occidental II Cooperative, Inc. v. David, 468 SCRA 63).
The question of whether the complaint states a cause of action is
determined by its averments regarding the acts committed by the
defendant. Thus, it must contain a concise statement of the ultimate or
essential facts constituting the plaintiffs cause of action. To be taken into
account are only the material allegations in the complaint; extraneous facts
and circumstances or other matters aliunde are not considered.
The test of sufficiency of facts alleged in the complaint as constituting
a cause of action is whether or not admitting the facts alleged, the court
could render a valid verdict in accordance with the prayer of said complaint.
Stated differently, if the allegations in the complaint furnish sufficient basis
by which the complaint can be maintained, the same should not be
dismissed regardless of the defense that may be asserted by the defendant.
Meaning of interest.
a) Inter-generational responsibility;
b) Inter-generational justice;
c) The right of the Filipinos to a balanced and healthful ecology; and
d) Minors represent themselves and the generation to come.
Court requires that an action must be brought in the name but not
necessarily by the real party in interest. In fact, the practice is for an
attorney in fact to bring the action in the name of the plaintiff (Tuason v.
Bolanos, G.R. No. L-25894, Jan. 30, 1971).
Indispensable parties
Those without whom no final determination can be had of an action;
they must be joined under all conditions (Rule 3, Sec.7).
Rule 3 of the 1997 Rules of Court vis--vis Section 3 of the same Rule.
(Theodore And Nancy Ang, Represented By Eldrige Marvin B. Ceron, Vs.
Spouses Alan And Em Ang, Respondents. G.R. No. 186993, August 22, 2012)
Necessary Parties
Those who are 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; may
or may not be joined (i.e. joint debtor is a necessary party in a suit against
his co-debtor) (Rule 3, Sec. 8).
Indigent Parties
A party may be authorized to litigate his action, claim or defense as an
indigent if the court, upon an ex parte application and hearing, is satisfied
that the party is one who has no money or property sufficient and available
for food, shelter and basic necessities for himself and his family.
Effects of declaration of indigency:
Such authority shall include an exemption from payment of docket and
other lawful fees, and of transcripts of stenographic notes which the court
may order to be furnished him. The amount of the docket and other lawful
fees which the indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent, unless the court
otherwise provides. (Rule 3, Sec. 21)
Exemption from Payment of Legal fees
(Sec.19. Rule 141)
Requisites:
1) Party must have a gross income and that of their immediate family
do not exceed an amount double the monthly minimum wage of an
employee; and
2) Party do not own real property with a fair market value as stated in
the current tax declaration of more than P300,000.00.
Grant of the application mandatory if requisites are present:
If the applicant for exemption meets the salary and property requirements
under Section 19 of Rule 141, then the grant of the application is mandatory.
On the other hand, when the application does not satisfy one or both
requirements, then the application should not be denied outright; instead,
the court should apply the "indigency test" under Section 21 of Rule 3 and
use its sound discretion in determining the merits of the prayer for
exemption (Algura v. LGU, G.R. No. 150135, October 30, 2006).
Alternative Defendants
3.4. Venue
3.4.1. Venue versus Jurisdiction
(a) Jurisdiction is the authority to hear and determine a case; venue is
the place where the case is to be heard or tried; (b) Jurisdiction is a matter of
substantive law; venue, of procedural law; (c) Jurisdiction establishes a
relation between the court and the subject matter; venue, a relation between
plaintiff and defendant, or petitioner and respondent; and, (d) Jurisdiction is
fixed by law and cannot be conferred by the parties; venue may be conferred
by the act or agreement of the parties. (Nocum and Philippine Daily Inquirer
v. Tan, G.R. No. 145022, September 23, 2005)
3.4.2. Venue of real actions(Rule 4, Section 1)
In the proper court which has jurisdiction over the area where the real
property involved or a portion thereof is situated.
Forcible entry and detainer actions shall be commenced and tried in
the Municipal Trial Court of the municipality or city where the real property
involved or a portion thereof is situated.
Rule in case if there are two boundaries:
If the property is located at the boundaries of two places, file the case
in EITHER place at the option of the plaintiff (Regalado, 2010).
Venue in case of various real properties:
Where the subject matter of the action involves various parcels of land
situated in different provinces, the venue is determined by the singularity or
plurality of the transactions involving said parcels of land.
1) Where said parcels are the objects of one and the same transaction,
the venue is in the court where ANY of the provinces (places) where a parcel
of land is situated (El Hogar Filipino v. Seva, No. 36627, November 19, 1932).
2) If parcels of land are subject of separate and distinct transactions
where there is no common venue, separate actions should be laid in the
court of the province where each parcel of land is situated (Mijares, et al. v.
Piccio, et al., L-10458 April 22,1957; Regalado, 2010).
Location of the property venue in real property:
According to the Rules, real actions shall be commenced and tried in
the court that has jurisdiction over the area where the property is situated. In
this case, all the mortgaged properties are located in the Province of Cebu.
Thus, following the general rule, PAGLAUM and HealthTech should have filed
their case in Cebu, and not in Makati. (Paglaum Management & Development
Corp. And Health Marketing Technologies, Inc., Vs. Union Bank Of The
Philippines, Notary Public John Doe, And Register Of Deeds Of Cebu City And
Cebu Province, $J. King & Sons Co., Inc. Intervenor, G.R. No. 179018, June 18,
2012)
1) In writing; and
2) Executed by the parties before the filing of the action.
At the outset, we must make clear that under Section 4 (b) of Rule 4 of
the 1997 Rules of Civil Procedure, the general rules on venue of actions
shall not apply where the parties, before the filing of the action, have
validly agreed in writing on an exclusive venue. The mere stipulation
on the venue of an action, however, is not enough to preclude parties
from bringing a case in other venues. The parties must be able to show
that such stipulation is exclusive. In the absence of qualifying or
restrictive words, the stipulation should be deemed as merely an
agreement on an additional forum, not as limiting venue to the
specified place. x x x
Clearly, the words "exclusively" and "waiving for this purpose any other
venue" are restrictive and used advisedly to meet the requirements.
(Paglaum Management & Development Corp. And Health Marketing
Technologies, Inc., Vs. Union Bank Of The Philippines, Notary Public John Doe,
And Register Of Deeds Of Cebu City And Cebu Province, $J. King & Sons Co.,
Inc. Intervenor, G.R. No. 179018, June 18, 2012)
Nature of a counterclaim
A counterclaim is in the nature of a cross complaint such that it must
be answered within 10 days from service. It is a cause of action against
plaintiff.
Counterclaim must be within the jurisdiction of the court
Where to file: A counterclaim which is filed before the MTC must be
within the jurisdiction of said court as to the amount and the nature thereof.
A court (if MTC) has no jurisdiction to hear and determine a set-off or
counterclaim in excess of its jurisdiction. A counterclaim beyond the courts
jurisdiction may only be pleaded by way of defense, the purpose of which is
to defeat or weaken the plaintiffs claim, but NOT to obtain affirmative relief.
Counterclaim cannot exceed the jurisdiction of the court
MOREOVER, the amount of judgment obtained by the defendant on
appeal cannot exceed the jurisdiction of the court in which the action began.
Since the trial court did not acquire jurisdiction over the counterclaim in
excess of the jurisdictional amount, the appellate court likewise did not have
jurisdiction over the same. In such a case, the award in excess of the
jurisdiction of the trial court is void (Agustin v. Bacalan, L-16000 March 18,
1985).
Effect if counterclaim in excess of the jurisdiction of the court
A counterclaim, even if otherwise compulsory, but the amount exceeds
the jurisdiction of the inferior court, will only be considered permissive.
Hence, the fact that it is not set-up in the inferior court will not bar plaintiff
from instituting a separate action to prosecute it (Calo v. Ajax, L-20865,
March 13, 1968).
Counterclaim in the RTC no limit: Requirement
A counterclaim may be entertained by the RTC regardless of the
amount involved provided that, in addition to the other requirements, it is
cognizable by the regular courts of justice (Regalado, 2010).
(i) Compulsory Counterclaim (Sec. 7)
Requisites:
1) It must arise out of, or be necessarily connected with the transaction
or occurrence that is the subject matter of the opposing partys claim;
2) It does not require for its adjudication the presence of third parties
of whom the court cannot acquire jurisdiction; and
3) It must be cognizable by the regular courts.
4) The trial court has jurisdiction to entertain the claim both as to the
amount and the nature thereof, EXCEPT that in an original action before the
RTC, the counterclaim may be considered compulsory regardless of the
amount.
5) It must be existing at the time the defendant files his answer (Sec.
8, Rule 11).
Test of Compulsoriness:
The logical relationship between the claim and counterclaim.
(ii) Permissive Counterclaim
It is a counterclaim which does not arise out of or is necessarily
connected with the subject matter of the opposing partys claim. It is not
barred even of it is not set up in the original action.
General rule:
Exceptions:
a.
b.
c.
d.
11).
contribution,
indemnity,
subrogation or
any other relief in respect to his opponents claim (Rule 6, Sec.
The third-party claim need not be based on the same theory as the
main claim. For example, there are cases in which the third-party claim is
based on an express indemnity contract and the original complaint is framed
in terms of negligence. Similarly, there need not be any legal relationship
between the third-party defendant and any of the other parties to the action.
Impleader also is proper even though the third partys liability is contingent,
and technically does not come into existence until the original defendants
liability has been established. In addition, the words is or may be liable in
Rule 14(a) make it clear that impleader is proper even though the third-party
defendants liability is not automatically established once the third-party
plaintiffs liability to the original plaintiff has been determined. (Philtranco
Service Enterprises, Inc., Vs. Felix Paras And Inland Trailways, Inc., And Hon.
Court Of Appeals, G.R. No. 161909, April 25, 2012)
Complaint in Intervention
A pleading wherein an intervenor asserts a claim against either or all
of the original parties (Rule 19, Sec. 3).
Reply
A reply is a pleading, the office or 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 join or make issue as to such new matters. If a
party does not file such reply, all the new matters alleged in the answer are
deemed controverted. (Rule 6, Sec. 10).
3.5.2. Pleadings and motions not allowed in small claim cases and
cases covered by the Rules on Summary Procedure
SMALL CLAIM:
Pleadings allowed:
1. Verified Statement of Claims
2) Verified response
3) Compulsory counterclaim
4) Permissive counterclaim
Prohibited pleadings/ motions
(Sec. 14 A.M. No. 08-8-7-SC, as amended)
a. Motion to dismiss the complaint;
b. Motion for a bill of particulars;
c. Motion for new trial, or for reconsideration of a judgment, or for reopening
of trial;
d. Petition for relief from judgment;
e. Motion for extension of time to file pleadings, affidavits, or any other
paper;
f. Memoranda;
g. Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
h. Motion to declare the defendant in default;
i.
j.
k.
l.
Jurisdictional amount
The rule shall govern the procedure before the MTC in actions for
payment of money where the value of the claim does not exceed P100,000,
exclusive of interests and costs.
The prohibited pleadings and motions are essentially the same as those
prohibited under the Rule on Summary Procedure. The only difference is that
motions to dismiss on whatever ground are prohibited in small claims cases.
SUMMARY PROCEDURE
Pleadings allowed under the Rule on Summary Procedure:
a. Complaint
b. Compulsory Counterclaim
c. Cross-claim
d. Answer
All pleadings must be verified.
Prohibited pleadings/ motions
1. Motion to dismiss the complaint EXCEPT on the ground of lack of
jurisdiction over the subject matter, or failure to comply with the
requirement of prior referral to the Lupon;
2. Motion for bill of particulars;
3. Motion for new trial or for reconsideration of a judgment or for reopening
of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other
papers;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory
order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10.
Reply;
11.
Third party complaint;
12.
Intervention.
Note: The filing of a motion to dismiss after the answer had already been
submitted does not constitute prohibited pleading (Heirs of Olivas v. Flor, L78343 May 21, 1988).
Lack of jurisdiction may be raised in a motion to dismiss
The defense of lack of jurisdiction may be raised in a motion to dismiss
as an exception to the rule on prohibited pleadings.
Motion to render judgment
While the plaintiff cannot file a motion to declare defendant in default,
he may still file a motion to render judgment should the defendant fail to file
his answer.
3.5.3. Parts of a pleading
a) Caption
The caption sets forth the name of the court, the title of the action, and
the docket number if assigned.
The title of the action indicates the names of the parties. They shall all
be named in the original complaint or petition; but in subsequent pleadings,
it shall be sufficient if the name of the first party on each side be stated with
an appropriate indication when there are other parties.
c) Verification
Importance of verification
The verification requirement is significant, as it is intended to secure
an assurance that the allegations in the pleading are true and correct and
not the product of the imagination or a matter of speculation, and that the
pleading is filed in good faith. Verification is deemed substantially complied
with when, as in this case, one who has ample knowledge to swear to the
truth of the allegations in the complaint or petition signs the verification, and
when matters alleged in the petition have been made in good faith or are
true and correct. (Felix Martos, Jimmy Eclana, Rodel Pilones, et al. Vs. New
San Jose Builders, Inc., G.R. No. 192650. October 24, 2012)
d) Certification against forum shopping
Rule 7, Section 5.Certification against forum shopping. The plaintiff
or principal party shall certify under oath in the complaint or other initiatory
pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith: (a) that he has not theretofore
commenced any action or filed any claim involving the same issues in any
court, tribunal or quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending therein; (b) if there is such other
pending action or claim, a complete statement of the present status thereof;
and (c) if he should thereafter learn that the same or similar action or claim
has been filed or is pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or initiatory pleading
has been filed.
Requirements
of
a
corporation
verification/certification of non-forum shopping
executing
the
should sign
corporations,
What then, is the effect of a complaint filed by one who has not proven
his authority to represent a plaintiff in filing an action? In Tamondong v. Court
of Appeals, the Court categorically stated that [i]f a complaint is filed for
and in behalf of the plaintiff [by one] who is not authorized to do so, the
complaint is not deemed filed. An unauthorized complaint does not produce
any legal effect. Hence, the court should dismiss the complaint on the
ground that it has no jurisdiction over the complaint and the plaintiff. This
ruling was reiterated in Cosco Philippines Shipping, Inc. v. Kemper Insurance
Company, where the Court went on to say that [i]n order for the court to
have authority to dispose of the case on the merits, it must acquire
jurisdiction over the subject matter and the parties. Courts acquire
jurisdiction over the plaintiffs upon the filing of the complaint, and to be
bound by a decision, a party should first be subjected to the court's
jurisdiction. Clearly, since no valid complaint was ever filed with the [MeTC],
the same did not acquire jurisdiction over the person of respondent [plaintiff
before the lower court]." Pursuant to the foregoing rulings, therefore, the
MeTC never acquired jurisdiction over this case and all proceedings before it
were null and void. The courts could not have delved into the very merits of
the case, because legally, there was no complaint to speak of. The court's
jurisdiction cannot be deemed to have been invoked at all. (Atty. Fe Q.
Palmiano-Salvador Vs. Constantino Angeles, Substituted By Luz G. Angeles,
G.R. No. 171219, September 3 2012)
Recaredo P. Diego, Sr. and Recaredo R. Diego, Jr., G.R. No. 174082, January
16, 2012)
The Rules of Court provide that a petition for certiorari must be verified
and accompanied by a sworn certification of non-forum shopping. Failure to
comply with these mandatory requirements shall be sufficient ground for the
dismissal of the petition. Considering that only 3 of the 228 named
petitioners signed the requirement, the CA dismissed the case against them,
as they did not execute a Verification and Certification against forum
shopping. (Vivian T. Ramirez Et. Al., vs. Mar Fishing Co., Inc., Miramar Fishing
Co., Inc., Robert Buehs And Jerome Spitz, G.R. No. 168208, June 13, 2012)
or evidentiary facts,
the first place, are
Ferrer & Associates
189496, February 1,
Judgment:
c) Specific Denials
after serving his answer, he may, with the permission of the court, be
allowed to present his counterclaim or cross-claim by filing a supplemental
answer or pleading before judgment (Rule 11, Sec. 9).
The filing of a motion to dismiss and the setting up of a compulsory
counterclaim are incompatible remedies. If he decides to file a motion to
dismiss, he will lose his compulsory counterclaim. But if he opts to set up his
compulsory counterclaim, he may still plead his ground for dismissal as an
affirmative defense in his answer. (Finacial Building Corp. v. Forbes Park
PARK Association, G.R. No. 133119, Aug. 17, 2000)
When a pleader fails to set up a counterclaim or a cross-claim through
oversight, inadvertence, or excusable neglect, or when justice requires, he
may, by leave of court, set up the counterclaim or cross-claim by
amendment before judgment. (Sec. 10, Rule 11).
NOTE: An after-acquired counterclaim is merely permissive even if it arises
from or is connected with the transaction or occurrence constituting the
subject-matter of the opposing partys claim.
3.5.6. Default
When a declaration of default is proper?
If the defending party fails to answer within the time allowed therefor, the
court shall, upon motion of the claiming party with notice to the defending
party, and proof of such failure, declare the defending party in default.
Thereupon, the court shall proceed to render judgment granting the claimant
such relief as his pleading may warrant, unless the court in its discretion
requires the claimant to submit evidence. Such reception of evidence may be
delegated to the clerk of court. (Rule 9, Sec. 3)
Failure to file an Answer-in-intervention; Default
Lim points out that an answer-in-intervention cannot give rise to
default since the filing of such an answer is only permissive. But Section 4,
Rule 19 of the 1997 Rules of Civil Procedure requires the original parties to
file an answer to the complaint-in-intervention within 15 days from notice of
the order admitting the same, unless a different period is fixed by the court.
This changes the procedure under the former rule where such an answer was
regarded as optional. Thus, Lims failure to file the required answer can give
rise to default. Natividad Lim Vs. National Power Corporation, Sps. Roberto
Ll. Arcinue and Arabela Arcinue, G.R. No. 178789. November 14, 2012)
Effect of an order of default
Extent of relief
Notably, the Rules is even more strict in safeguarding the right to due
process of a defendantwho was declared in default than of a defendant who
participated in trial. For instance, amendment to conform to the evidence
presented during trial is allowed the parties under the Rules. But the same is
not feasible when the defendant is declared in default because Section 3(d),
Rule 9 of the Rules of Court comes into play and limits the relief that may be
granted by the courts to what has been prayed for in the Complaint. It
provides:
(d) Extent of relief to be awarded. 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.
Rationale for limiting the extent of relief
The raison dtre in limiting the extent of relief that may be granted is
that it cannot be presumed that the defendant would not file an Answer and
allow himself to be declared in default had he known that the plaintiff will be
accorded a relief greater than or different in kind from that sought in the
Complaint. No doubt, the reason behind Section 3(d), Rule 9 of the Rules of
Court is to safeguard defendants right to due process against unforeseen
and arbitrarily issued judgment. This, to the mind of this Court, is akin to the
very essence of due process. It embodies the sporting idea of fair play39
and forbids the grant of relief on matters where the defendant was not given
the opportunity to be heard thereon. (Leticia Diona, rep. by her attorney-infact, Marcelina Diona Vs. Romeo A. Balangue, Sonny A. Balangue, Reynaldo
A. Balangue, and Esteban A. Balangue, Jr. G.R. No. 173559. January 7, 2013)
Actions where default is not allowed
dismiss, therefore, she had the balance of her period for filing an answer
under Section 4, Rule 16 within which to file the same but in no case less
than five days, computed from her receipt of the notice of denial of her
motion to dismiss. Thus:
additional filing fee therefor shall constitute a lien on the judgment (Sun
Insurance Office, Ltd., v. Asuncion, G.R. Nos. 79937-38, February 13, 1989).
3) Payment of filing fees is also required in cases of appeal (Sec. 5,
Rule 40; Sec. 4, Rule 41; Sec. 3, Rule 45).
Effect of non-payment of docket fees:
Plainly, while the payment of the prescribed docket fee is a
jurisdictional requirement, nonpayment of which at the time of filing does not
automatically cause the dismissal of the case for as long as the fee is paid
within the applicable prescriptive or reglementary period; more so when the
party involved demonstrates a willingness to abide by the rules prescribing
such payment. (Sps. Go v. Tong, G.R. 151942, Nov. 27, 2003)
Docket fees based on value of the stocks:
An action seeking for the execution of a deed of assignment of shares
of stock is an action for recovery of personal property. The payment of docket
fees should be based on the value of the shares of stock and the amount of
damages he seeks to recover. (NSC v. Court of Appeals, G.R. No.
123215. February 2, 1999)
Exception: Docket fees need NOT be paid at the time of filing of the
complaint and may be considered a lien on the judgment in the following
instances:
1.The damages or claim arose after the filing of the complaint/initiatory
pleading or if the court awards damages not prayed for in the complaint
(Original Devt & Construction Corp. v. CA, 202 SCRA 75;, Sec.2, Rule 141);
2.Indigent litigant (Sec. 19, Rule 141);
3.Failure of the adverse party to timely raise the issue of nonpayment of the
docket fee (National Steel Corp. v. CA, G.R. No. 123215, February 2, 1999);
4.Civil action instituted with the criminal action where the moral, exemplary,
nominal, and temperate damages are not specified in the complaint or
information (Sec. 1, Rule 141);
5.Petition for Writ of Amparo shall be exempt from the payment of docket and
other filing fees (Sec. 1, Rule on the Writ of Amparo).
6.Indigent petitioner for writ of habeas data is exempt from payment of docket
or other lawful fees. (Section 5, Rule on the Writ of Habeas Data A.M. No.
08-1-16 SC)
Payment of Court fees under Rule 141: Cooperatives not exempt
Since the payment of legal fees is a vital component of the rules
promulgated by this Court concerning pleading, practice and procedure, it
cannot be validly annulled, changed or modified by Congress. As one of the
safeguards of this Courts institutional independence, the power to
promulgate rules of pleading, practice and procedure is now the Courts
exclusive domain. That power is no longer shared by this Court with
Congress, much less with the Executive.
counterclaims, third-party
considered filed until and
The court may also allow
also in no case beyond its
3) Where the trial court acquires jurisdiction over a claim by the filing
of the appropriate pleading and payment of the prescribed filing fee but,
subsequently, the judgment awards a claim not specified in the pleading, or,
if specified [but] the same has been left for determination by the court, the
additional filing fee therefor shall constitute a lien on the judgment. It shall
be the responsibility of the Clerk of Court or his duly authorized deputy to
enforce said lien and assess and collect the additional fee.
It cannot be gainsaid from the above guidelines that, with the
exception of pauper litigants (Section 16, Rule 141 of the Rules of Court
states that "the legal fees shall be a lien on the monetary or property
judgment in favor of the pauper-litigant) without the payment of the correct
docket or filing fees within the reglementary period, jurisdiction over the
subject-matter or nature of the action will not vest in the trial court. In fact, a
pauper litigant may still have to pay the docket fees later, by way of a lien on
the monetary or property judgment that may accrue to him. Clearly, the
flexibility or liberality of the rules sought by the petitioners cannot apply in
the instant case. (Ricardo Rizal, Potenciana Rizal, Saturnina Rizal, Elena
Rizal, And Benjamin Rizal, Vs. Leoncia Naredo, Anastacio Lirio, Edilberto
Cantavieja, Gloria Cantavieja, Celso Cantavieja, And The Heirs Of Melanie
Cantavieja, G.R. No. 151898, March 14, 2012)
b) Filing versus service of pleadings
Filing is the act of presenting the pleading or other paper to the clerk
of court.
Resident Agent
Government official
designated by law to
receive summons
Officers of agents
within the Philippines
summons
Modes of service
i. Personal service
court then the court cannot admit the amended complaint. Not having
acquired jurisdiction over the case by the filing of the original complaint, the
lower court has neither the power nor the jurisdiction to act on the motion for
the admission of the amended complaint, much less to allow such
amendment, since it is elementary that the court must first acquire
jurisdiction over the case in order to act validly therein. (Rosario v.
Carangdang, G.R. No. L-7076, April 28, 1955)
The cause of action must exist at the time the action was begun, and
the plaintiff will not be allowed by an amendment to introduce a cause of
action which had no existence when the action was commenced. (Surigao
Mine Exploration Co. v. Harris, G.R. No. L-45543, May 17, 1939)
b) Amendments by leave of court
c) Formal amendment
When issues not raised by the pleadings are tried with the express or
implied consent of the parties they shall be treated in all respects as if they
had been raised in the pleadings. Such amendment of the pleadings as may
be necessary to cause them to conform to the evidence and to raise these
issues may be made upon motion of any party at any time, even after
judgment; but failure to amend does not effect the result of the trial of these
issues. If evidence is objected to at the trial on the ground that it is not
within the issues made by the pleadings, the court may allow the pleadings
to be amended and shall do so with liberality if the presentation of the merits
of the action and the ends of substantial justice will be subserved thereby.
The court may grant a continuance to enable the amendment to be made.
(Rule 10, Section 5)
SUPPLEMENTAL PLEADINGS
PLEADINGS
As to allegations
Refers to transaction, occurrences or
events already existing at the time of
the filing of the original action.
As to right
Can be a matter of right such as
when made before a responsive
pleading is served.
As to form
A new copy of the entire pleading
3.6. Summons
What is summons?
It is a writ by which the defendant is notified of the action brought
against him.
Effect if the court has not validly acquired jurisdiction over the
person of the defendant
The fundamental rule is that jurisdiction over a defendant in a civil
case is acquired either through service of summons or through voluntary
appearance in court and submission to its authority. If a defendant has not
been properly summoned, the court acquires no jurisdiction over its person,
and a judgment rendered against it is null and void. (Planters Development
Bank, Vs. Julie Chandumal, G.R. No. 19561905 September 2012)
Personal service
Whenever practicable, the summons shall be served by handling a
copy thereof to the defendant in person, or, if he refuses to receive and sign
for it, by tendering it to him. (Rule 14, Section 6)
Substituted service
We agree with the finding that Pua committed delay in prosecuting his
case against the respondents. We clarify, however, that Puas delay is limited
to his failure to move the case forward after the summons for Ang had been
published in the Manila Standard; he could not be faulted for the delay in the
service of summons for Ang.
A 13-month delay occurred between the filing of the complaint and the
filing of the motion to serve summons by publication on Ang. This delay,
however, is attributable to the failure of the sheriff to immediately file a
return of service of summons. The complaint was filed on November 24,
2000, but the return of service of summons was filed only on January 3,
2002, after the RTC ordered its submission and upon Puas motion.
Under Section 14, Rule 14 of the Rules of Court, service of summons
may be effected on a defendant by publication, with leave of court, when his
whereabouts are unknown and cannot be ascertained by diligent inquiry. The
Rules of Court provides:
SEC. 14. Service upon defendant whose identity or whereabouts are
unknown. In any action where the defendant is designated as an unknown
owner, 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.
In Santos, Jr. v. PNOC Exploration Corporation, the Court authorized
resort to service of summons by publication even in actions in personam,
considering that the provision itself allow this mode in any action, i.e.,
whether the action is in personam, in rem, or quasi in rem. The ruling,
notwithstanding, there must be prior resort to service in person on the
defendant and substituted service, and proof that service by these modes
were ineffective before service by publication may be allowed for defendants
whose whereabouts are unknown, considering that Section 14, Rule 14 of the
Rules of Court requires a diligent inquiry of the defendants whereabouts.
Until the summons has been served on Ang, the case cannot proceed
since Ang is an indispensable party to the case; Pua alleged in his complaint
that the respondents are co-owners of JD Grains Center. An indispensable
party is one who must be included in an action before it may properly go
forward. A court must acquire jurisdiction over the person of indispensable
parties before it can validly pronounce judgments personal to the parties.
The absence of an indispensable party renders all subsequent actions of the
court null and void for want of authority to act, not only as to the absent
parties but even as to those present. (Pablo Pua Vs. Lourdes L. Deyto, Doing
Business Under The Name Of "JD Grains Center," And Jennelita Deyto Ang
A.K.A. "Janet Ang G.R. No. 173336. November 26, 2012)
3.6.5. Constructive service (by publication)
When the defendant does not reside and is not found in the Philippines,
and the action affects the personal status of the 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 part, in excluding the 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 section 6; 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 sixty
(60) days after notice, within which the defendant must answer. (Rule 14,
Section 15)
husband. She had authority to sue, and had actually sued on behalf of her
husband. (Gemerple v. Schenker, G.R. No. L-18164 January 23, 1967)
However, in the case Valmonte v. CA, Mrs. Valmonte did not appoint Mr.
Valmonte as her attorney-in-fact to represent her in litigations and in court.
Mr. Valmonte was merely acting as his wifes counsel in negotiations with but
this cannot be construed as an authorization. (Valmonte v. CA, G.R. No.
108538. January 22, 1996)
3.6.7. Service upon prisoners and minors
When the defendant is a prisoner confined in a jail or institution,
service shall be effected upon him by the officer having the management of
such jail or institution who is deemed deputized as a special sheriff for said
purpose. (Rule 14, Section 9)
3.7. Motions
3.7.1. Motions in general
Definition of a motion
Contents
A motion shall state the relief sought to be obtained and the grounds
upon which it is based, and if required by these Rules or necessary to prove
facts alleged therein, shall be accompanied by supporting affidavits and
other papers. (Rule 15, Section 3)
Form
Except for motions which the court may act upon without prejudicing
the rights of the adverse party, every written motion shall be set for hearing
by the applicant.
Every written motion required to be heard and the notice of the hearing
thereof shall be served in such a manner as to ensure its receipt by the other
party at least three (3) days before the date of hearing, unless the court for
good cause sets the hearing on shorter notice. (Rule 15, Section 4)
Elementary is the rule that every motion must contain the mandatory
requirements of notice and hearing and that there must be proof of service
thereof. The Court has consistently held that a motion that fails to comply
with the above requirements is considered a worthless piece of paper which
should not be acted upon. The rule, however, is not absolute. There are
motions that can be acted upon by the court ex parte if these would not
cause prejudice to the other party. They are not strictly covered by the rigid
requirement of the rules on notice and hearing of motions.
This Court has indeed held time and again, that under Sections 4 and
5 of Rule 15 of the Rules of Court, mandatory is the requirement in a motion,
which is rendered defective by failure to comply with the requirement. As a
rule, a motion without a notice of hearing is considered pro forma and does
not affect the reglementary period for the appeal or the filing of the requisite
pleading. As an integral component of the procedural due process, the threeday notice required by the Rules is not intended for the benefit of the
movant. Rather, the requirement is for the purpose of avoiding surprises that
may be sprung upon the adverse party, who must be given time to study and
meet the arguments in the motion before a resolution of the court. Principles
of natural justice demand that the right of a party should not be affected
without giving it an opportunity to be heard. The test is the presence of
opportunity to be heard, as well as to have time to study the motion
and meaningfully oppose or controvert the grounds upon which it is
based. (United Pulp and Paper Co., Inc. vs. Acropolis Central Guaranty
Corporation, G.R. No. 171750, January 25, 2012)
Exception
Motions arguing that the court has no jurisdiction over the subject
matter, that there is another action pending between the same parties for
the same cause, or that the action is barred by a prior judgment or by
statute of limitations (Rule 9, Section 1)
Motion
Motion
Motion
Motion
for reconsideration
to dismiss
to declare defendant in default
for execution
Ex Parte Motions
They are motions which the court may act upon without prejudicing the
rights of the adverse party. Made without the presence or a notification to
the other party because the question generally presented is not
debatablee.g., motion for extension of time to file answer, motion for
postponement, motion for extension of time to file record on appeal.
Examples of Ex Parte Motions:
1. Motion for postponement
2. Motion to set case for pre-trial
g) Pro-forma motions
They are motions which do not satisfy the requirements of the rules
and one which will be treated as a motion intended to delay the proceedings
(Riano, 2007 citing Marikina Valley Dev't. Corp. v. Hon. Flojo, G.R. No.
110801, December 8, 1995).
3.7.2. Motions for bill of particulars
Bill of Particulars
- a more definite statement of a matter which is not stated or declared
with sufficient definiteness or particularity.
a) Purpose and when applied for
Before responding to a pleading, a party may move for a definite
statement or for a bill of particulars of any matter which is not averted with
sufficient definiteness or particularity to enable him properly to prepare his
responsive pleading. If the pleading is a reply, the motion must be filed
within ten (10) days from service thereof. Such motion shall point out the
defects complained of, the paragraphs wherein they are contained, and the
details desired. (Rule 12, Section 1)
Vagueness in the allegations in the complaint not a ground for
dismissal
An action cannot be dismissed on the ground that the complaint is
vague or indefinite. The remedy of the defendant is to move for a bill of
particulars or avail of the proper mode of discovery (Galeon v. Galeon, G.R.
No. L-30380, Feb. 28, 1973).
When to file?
Upon the filing of the motion, the clerk of court must immediately bring
it to the attention of the court which may either deny or grant it outright, or
allow the parties the opportunity to be heard. (Rule 12, Section 2)
Effect of Noncompliance
If the order is not obeyed, or in case of insufficient compliance
therewith, the court may order the striking out of the pleading or the portions
thereof to which the order was directed or make such other order as it deems
just. (Rule 12, Section 4)
Section 1, Rule 9 provides for only four instances when the court
may motu proprio dismiss the claim, namely: (a) lack of jurisdiction over the
subject matter; (b) litis pendentia; (c) res judicata; and (d) prescription of
action.
Specifically in Gumabon v. Larin (422 Phil. 222, 230 [2001]), cited in Katon v.
Palanca, Jr. (481 Phil. 168, 180 [2004]), the Court held:
Except for qualifying and expanding Section 2, Rule 9, and Section 3, Rule
17, of the Revised Rules of Court, the amendatory 1997 Rules of Civil
Procedure brought about no radical change. Under the new rules, a court
may muto proprio dismiss a claim when it appears from the pleadings or
evidence on record that it has no jurisdiction over the subject matter; when
there is another cause of action pending between the same parties for the
same cause, or where the action is barred by a prior judgment or by statute
of limitations. x x x. Heirs of Dr. Mariano Favis, Sr., represented by their coheirs and attorneys-in-fact, Mercedes A. Favis and Nelly Favis-Villafuente v.
Juana Gonzales, her son Mariano Favis, all minors represented herein by
their parents, Sps. Mariano Favis and Larcelita D. Favis, G.R. No. 185922,
January 15, 2014)
b) Resolution of motion
After the hearing, the court may dismiss the action or claim, deny the
motion, or order the amendment of the pleading.
The court shall not defer the resolution of the motion for the reason that the
ground relied upon is not indubitable. (Rule 16, Sec. 3)
c) Remedies of plaintiff when the complaint is dismissed
The plaintiff may:
a.File a motion for reconsideration, to appeal from the order of dismissal
b.Appeal from the order of dismissal
Res judicata;
Extinguishment of the claim or demand;
Prescription; or
Unenforceability of the claim
If no motion to dismiss has been filed, any of the grounds for dismissal
provided for in this Rule may be pleaded as an affirmative defense in the
answer and, in the discretion of the court, a preliminary hearing may be had
thereon as if a motion to dismiss had been filed. (Rule 16, Sec. 6)
g) Bar by dismissal
The action can no longer be re-filed if it was dismissed on the grounds of:
a. Res judicata;
Motion to
Dismiss under
Rule 33
(demurrer to
evidence)
Anchored on
many grounds
Anchored on
one ground,
that is, plaintiff
has no right to
relief
If a motion to
dismiss is
denied, the
defendant may
file his
responsive
pleading
The defendant
may present his
evidence.
Two-Dismissal Rule
except that a notice operates as an adjudication upon the merits when filed
by a plaintiff who has once dismissed in a competent court an action based
on or including the same claim. (Rule 17, Sec. 1) Thus, when the same
complaint had twice been dismissed by the plaintiff under Sec.1 by simply
filing a notice of dismissal, the second dismissal shall be with prejudice.
What causes the loss by a plaintiff of the right to effect dismissal of the
action by mere notice is not the filing of the defendants answer with the
court but the service on the plaintiff of said answer or of a motion for
summary judgment. Where the plaintiff filed the notice of dismissal of his
action in the court after the filing of defendants answer but before service
thereof, the plaintiffs notice to that effect ipso facto brought about the
dismissal of the pending action without need of any order from the trial court
(Go v. Cruz, et al., G.R. No. 58986, April 17, 1983).
3.8.2. Dismissal
counterclaim
upon
motion
by
plaintiff;
effect
on
existing
If, for no justifiable cause, the plaintiff fails to appear on the date of the
presentation of his evidence in chief on the complaint, or to prosecute his
action for an unreasonable length of time, or to comply with these Rules or
any order of the court, the complaint may be dismissed upon motion of the
defendant or upon the court's own motion, without prejudice to the right of
the defendant to prosecute his counterclaim in the same or in a separate
action. This dismissal shall have the effect of an adjudication upon the
merits, unless otherwise declared by the court. (Rule 17, Sec. 3)
It is plaintiffs failure to appear at the trial, and not the absence of his lawyer,
which warrants dismissal (Regalado).
Test of Non-prosequitur
The fundamental test for non prosequitur is whether, under the
circumstances, the plaintiff is chargeable with want of due diligence in failing
to proceed with reasonable promptitude. There must be unwillingness on the
part of the plaintiff to prosecute. (Shimizu Philippines Contractors, Inc., Vs.
Mrs. Leticia B. Magsalin, Doing Business Under The Trade Name "Karen's
Trading," Fgu Insurance Corporation, Godofredo Garcia, Concordia Garcia,
And Reynaldo Baetiong, G.R. No. 170026, June 20, 2012)
of
counterclaim,
cross-claim
or
third-party
3.9. Pre-trial
3.9.1. Concept of pre-trial
Pre -trialisa mandatory procedural device by which the court is called
upon, after the filing of the last pleading, to compel the parties and their
lawyers to appear before it for the purposes enumerated under Section 2,
Rule 18.
When Conducted?(Sec.1)
It shall be the duty of the plaintiff, after the last pleading has been
served and filed, to promptly move ex parte that the case be set for pre-trial.
The motion is to be filed within 5 days after the last pleading joining
the issue has been served and filed (Admin. Circular No. 3-99, Jan. 15, 1999).
If the plaintiff fails to file said motion within the given period, the Clerk
of Court shall issue a notice of pre-trial (A.M. No. 03-1-09-SC, Re: Pre-trial
guidelines, Effective August 16, 2004).
Expiration of the period to file sufficient
The plaintiff need not wait until the last pleading has been actually served
and filed as the expiration of the period for filing the last pleading will suffice
(Sarmiento v. Juan, No. 56605 January 28, 1983).
3.9.2. Nature and purpose (Rule 18, Sec. 2)
The pre-trial is mandatory. The court shall consider:
It shall be the duty of the parties and their counsel to appear at the
pre-trial. The non-appearance of a party may be excused only if a valid cause
is shown therefor or if a representative shall appear in his behalf fully
authorized in writing to enter into an amicable settlement, to submit to
alternative modes of dispute resolution, and to enter into stipulations or
admissions of facts and of documents. (Rule 18, Sec. 4)
The parties shall file with the court and serve on the adverse party, in
such manner as shall ensure their receipt thereof at least three (3) days
before the date of the pre-trial, their respective pre-trial briefs which shall
contain, among others:
Failure to file the pre-trial brief shall have the same effect as failure to
appear at the pre-trial.
CRIMINAL CASE
The presence of the accused is not
indispensable unless required by the
court, he is just required to sign the
written agreement arrived at the pretrial if he is in conformity therewith.
3.10. Intervention
What is intervention?
a proceeding in a suit or action by which a third person is permitted
by the court to become a party by intervening in the pending case after
meeting the conditions and compliance with the requirement set by the
Rules.
Nature:
Intervention is ancillary and supplemental to an existing action. Hence,
it cannot exist independent of the principal action and the dismissal of the
latter shall also cause the dismissal of the complaint-in-intervention.
General rule: Intervention is discretionary.
Exceptions: It is a matter of right when:
1) Intervenor turns out to be an indispensable party
2) Class suit
Note:
Intervention is a prohibited pleading in forcible entry and unlawful detainer
cases under Sec. 13, Rule 70.
3.10.1. Requisites for intervention
MODES OF DISCOVERY
(a) As to notice. All errors and irregularities in the notice for taking a
deposition are waived unless written objection is promptly served upon the
party giving the notice.
testimony are not waived by failure to make them before or during the taking
of the deposition, unless the ground, of the objection is one which might
have been obviated or removed if presented at that time.
for the time necessary to make a notice for an order. In granting or refusing
such order, the court may impose upon either party or upon the witness the
requirement to pay such costs or expenses as the court may deem
reasonable. (Rule 23, Sec. 18)
Under the same conditions specified in section 1 of Rule 23, any party
desiring to elicit material and relevant facts from any adverse parties shall
file and serve upon the latter written interrogatories to be answered by the
party served or, if the party served is a public or private corporation or a
partnership or association, by any officer thereof competent to testify in its
behalf. (Rule 25, Sec. 1)
If the application is granted, the court shall require the refusing party
or deponent to answer the question or interrogatory and if it also finds that
the refusal to answer was without substantial justification, it may require the
refusing party or deponent or the counsel advising the refusal, or both of
them, to pay the proponent the amount of the reasonable expenses incurred
in obtaining the order, including attorney's fees.
If the application is denied and the court finds that it was filed without
substantial justification, the court may require the proponent or the counsel
advising the filing of the application, or both of them, to pay to the refusing
party or deponent the amount of the reasonable expenses incurred in
opposing the application, including attorney's fees. (Rule 29, Sec. 1)
Unless thereafter allowed by the court for good cause shown and to
prevent a failure of justice, a party not served with written interrogatories
may not be compelled by the adverse party to give testimony in open court,
or to give a deposition pending appeal. (Rule 25, Sec. 6)
At any time after issues have been joined, a party may file and serve
upon any other party may file and serve upon any other party a written
request for the admission by the latter of the genuineness of any material
and relevant document described in and exhibited with the request or of the
truth of any material and relevant matter of fact set forth in the request.
Copies of the documents shall be delivered with the request unless copy
have already been furnished. (Rule 26, Sec. 1)
request is directed files and serves upon the party requesting the admission
a sworn statement either denying specifically the matters of which an
admission is requested or setting forth in detail the reasons why he cannot
truthfully either admit or deny those matters. (Rule 26, Sec. 2(1))
Objections to any request for admission shall be submitted to the court
by the party requested within the period for and prior to the filing of his
sworn statement as contemplated in the preceding paragraph and his
compliance therewith shall be deferred until such objections are resolved,
which resolution shall be made as early as practicable. (Rule 26, Sec. 2(2))
Exceptions:
1. The requested party files and serves upon the party requesting the
admission a sworn statement either specifically denying or setting forth in
detail the reasons why he cannot truthfully either admit or deny those
matters., within a period designated in the request, which shall not be
less than 15 days after service thereof or within such further time as the
court may allow on motion.
2. When the request for admission is not directly served upon the party
requested, the party requested cannot be deemed to have admitted the
genuineness of any relevant matters of fact set forth therein on account
of failure to answer the request for admission. (Riguera 2013, citing
Laada vs. CA, 1 February 2002).
b) Consequences of failure to answer request for admission
If a party after being served with a request under Rule 26 to admit the
genuineness of any document or the truth of any matter of fact serves a
sworn denial thereof and if the party requesting the admissions thereafter
proves the genuineness of such document or the truth of any such matter of
fact, he may apply to the court for an order requiring the other party to pay
him the reasonable expenses incurred in making such proof, including
attorney's fees. Unless the court finds that there were good reasons for the
denial or that admissions sought were of no substantial importance, such
order shall be issued. (Rule 29, Sec. 4)
c) Effect of admission
Any admission made by a party pursuant to such request is for the
purpose of the pending action only and shall not constitute an admission by
him for any other purpose nor may the same be used against him in any
other proceeding. (Rule 26, Sec. 3)
d) Effect of failure to file and serve request for admission
Unless otherwise allowed by the court for good cause shown and to prevent
a failure of justice a party who fails to file and serve a request for admission
on the adverse party of material and relevant facts at issue which are, or
ought to be, within the personal knowledge of the latter, shall not be
permitted to present evidence on such facts. (Rule 26, Sec. 5)
other parties.
Report of Findings (Rule 28, Sec.3)
A copy of the detailed written report of the examining physician may be
delivered to the party examined, if the latter should request.
Waiver of Privilege(Rule 28, Sec.4)
A party examined waives any privilege he may have in that action or any
other involving the same controversy:
1) By requesting and obtaining a report of the examination so ordered;
or
2) By taking the deposition of the examiner.
Consequences of Requesting and Obtaining a Report of Examination
Where the party examined requests and obtains a report on the results of the
examination, the consequences are that:
1) He has to furnish the other party a copy of the report of any
previous or subsequent examination of the same physical and mental
examination; and
2) He waives any privilege he may have in that action or any other
involving the same controversy regarding the testimony of any other person
who has so examined him or may thereafter examine him (Regalado).
Prior Leave of Court, when required
Rules 27 and 28 always require prior leave of court, unlike other modes of
discovery which could be availed of without leave of court as long as the
defendant has filed or served a responsive pleading.
3.12.6. Consequences of refusal to comply with modes of discovery
Sanctions:
A.
1. Order that the matters regarding which questions were asked shall be
taken to be established for purposes of the action in accordance with the
claim of the party obtaining the order;
2. Refuse to allow the disobedient party to support or oppose designated
claims or defenses;
3. Strike out all or any part of the pleading of the disobedient party;
4. In lieu of the foregoing orders or in addition thereto, an order directing
the arrest of any party or agent of any party for disobeying any such
orders, except an order to submit to a physical or mental examination.
C.Refusal to be sworn (Rule 29, Sec. 2)
If a party or other witness refuses to be sworn or refuses to answer
question after being directed to do so by the court of the place in which
deposition is being taken, such refusal may considered a contempt of that
court.
D.
The court upon proper application may order the former to pay the
reasonable expenses in making such proof, including attorneys fees.
If:
1. A party requests for the admission of either:
a. the genuineness of any document, or
b. the truth of any matter of fact
2. The party requested refuses to admit the same and thereafter serves a
sworn denial thereof, and;
3. Later, the party requesting for admission proves the genuineness or
truthfulness, as the case may be;
then, the party requesting for the admission may apply to the court for an
order requiring the adverse party to pay reasonable expenses incurred in
making such proof, including attorney's fees.
E.
or
to
serve
answers
to
1.Strike out all or any part of the pleading of the disobedient party;
2.Render a judgment by default against the disobedient party;
3.Order him to pay reasonable expenses incurred by the other, including
attorneys fees.
Other sanctions:
1. Stay further proceedings until order is obeyed;
2. Dismiss the action or proceeding;
3. Arrest the disobedient party or his agent.
Note:
The Republic of the Philippines cannot be required to pay expenses and
attorneys fees under this Rule.
The matter of how and when the above sanctions should be applied is
one that primarily rests on the sound discretion of the court where the case
is pending.
3.13. Trial
It is an examination before a competent court or tribunal of the facts or
law put in issue in a case for the purpose of determining such issue.
In a limited sense, trial refers to the stage of a case when the parties
present their evidence before the court up to the point when the case is
deemed submitted for decision. (Riguera 2013)
General rule: Decision should not be made without trial.
Exceptions:When is there judgment without trial
1.
2.
3.
4.
5.
6.
7.
The parties to any action may agree, in writing, upon the facts involved
in the litigation, and submit the case for judgment on the facts agreed upon,
without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be
held as to the disputed facts in such order as the court shall prescribe. (Rule
30,Sec.6)
Exceptions: Judgment based on stipulation of facts is not allowed in actions
for declaration of nullity of marriage, annulment of marriage and legal
separation. (Riguera 2013, citing Arts. 48 & 60, Family Code)
3.13.4. Order of trial; reversal of order
Subject to the provisions of section 2 of Rule 31, and unless the court
for special reasons otherwise directs, the trial shall be limited to the issues
stated in the pre-trial order and shall proceed as follows:
Consolidation.
When available?
Many authorities held that consolidation may occur even if cases are
Separate trials.
The judge of the court where the case is pending shall personally
receive the evidence to be adduced by the parties. However, in default or ex
partehearings, and in any case where the parties agree in writing, the court
may delegate the reception of evidence to its clerk of court who is a member
of the bar. The clerk of court shall have no power to rule on objections to any
question or to the admission of exhibits, which objections shall be resolved
by the court upon submission of his report and the transcripts within ten (10)
days from termination of the hearing. (Rule 30, Section 9)
By written consent of both parties, the court may order any or all of the
issues in a case to be referred to a commissioner to be agreed upon by the
parties or to be appointed by the court. As used in these Rules, the word
"commissioner" includes a referee, an auditor and an examiner. (Rule 32,
Section 1)
Report of commissioner
Upon the filing of the report, the parties shall be notified by the clerk,
and they shall be allowed ten (10) days within which to signify grounds of
Upon the expiration of the period of ten (10) days referred to in the
preceding section, the report shall be set for hearing, after which the court
shall issue an order adopting, modifying, or rejecting the report in whole or in
part, or recommitting it with instructions, or requiring the parties to present
further evidence before the commissioner or the court. (Rule 32, Section 11)
3.14.1. Ground
A motion to dismiss filed by the defendant after the plaintiff has
completed the presentation of his evidence on the ground that upon the
facts and the law, the plaintiff has shown no right to relief. (Riguera 2013)
3.14.2. Effect of denial
1.Defendant shall have the right to present evidence. (Rule 33, Section
1)
2. The date for reception of defendants evidence should be set.
3.The order is interlocutory and therefore not appealable but can be
subject of petition for certiorari in case of grave abuse of discretion or
oppressive exercise of judicial authority.
3.14.3. Effect of grant
1) The case shall be dismissed. (Rule 33, Section 1)
2) The appellate court should render judgment on the basis of the
evidence submitted by the plaintiff.
3) If, on appeal, the order of dismissal is reversed, the movant shall be
deemed to have waived his right to present evidence. In practical terms, this
means that the plaintiff already wins the case since the appellate court
should forthwith render judgment for the plaintiff on the basis of his evidence
alone. (Riguera 2013)
3.14.4. Waiver of right to present evidence
As to Right to Appeal
If the demurrer is granted,
the order of dismissal is
appealable (Sec. 1, Rule 33).
by way of summary judgment, that is, when the facts are not in dispute, the
court is allowed to decide the case summarily by applying the law to the
material facts. Conversely, where the pleadings tender a genuine issue,
summary judgment is not proper.
A summary judgment is permitted only if there is no genuine issue as
to any material fact and a moving party is entitled to a judgment as a matter
of law. A summary judgment is proper if, while the pleadings on their face
appear to raise issues, the affidavits, depositions, and admissions presented
by the moving party show that such issues are not genuine. (Spouses Ramon
Villuga And Mercedita Villuga, Vs. Kelly Hardware And Construction Supply
Inc., Represented By Ernesto V. Yu, Executive Vice-President And General
Manager, G.R. No. 176570, July 18, 2012)
Meaning of Genuine Issue
A "genuine issue" is such issue of fact which requires the presentation
of evidence as distinguished from a sham, fictitious, contrived or false claim.
Section 3 of [Rule 35 of the Rules of Court] provides two (2) requisites for
summary judgment to be proper: (1) there must be no genuine issue as to
any material fact, except for the amount of damages; and (2) the party
presenting the motion for summary judgment must be entitled to a judgment
as a matter of law. (Spouses Ramon Villuga And Mercedita Villuga, Vs. Kelly
Hardware And Construction Supply Inc., Represented By Ernesto V. Yu,
Executive Vice-President And General Manager, G.R. No. 176570, July 18,
2012)
stated therein. Certified true copies of all papers or parts thereof referred to
in the affidavit shall be attached thereto or served therewith. (Rule 35,
Section 5)
Should it appear to its satisfaction at any time that any of the affidavits
presented pursuant to this Rule are presented in bad faith, or solely for the
purpose of delay, the court shall forthwith order the offending party or
counsel to pay to the other party the amount of the reasonable expenses
which the filing of the affidavits caused him to incur including attorney's
fees, it may, after hearing further adjudge the offending party or counsel
guilty of contempt. (Rule 35, Section 6)
As to Its Basis
Based not only on the pleadings but
also on depositions, admissions and
affidavits
To Whom Available
Available to both parties.
As to Issues
There may be issues involved in the
case but these issues are irrelevant
When Proper
No genuine issue of fact to be tried
except as to the amount of damages
(Sec. 3 Rule 35)
Rendition of judgmentis the filing of the same (the decision signed by the
judge) with the clerk of court, not the pronouncement of judgment in open
court (which is promulgation). (Riano 2011)
Promulgationof judgment the process by which a decision is published,
officially announced, made known to the public or delivered to the clerk of
court for filing, coupled with notice to the parties or their counsel.
Even if the judgment has already been put in writing and signed, it is
still subject to amendment if it has not yet been filed with the clerk of court
and before its filing does not yet constitute the real judgment of the court.
(Riano 2011, citing Ago vs. CA, 6 SCRA 530, 535)
Extent of promulgation/rendition of judgment
It bears stressing that a judgment is not confined to what appears
upon the face of the decision, but also those necessarily included therein
or necessary thereto. (Bernardo de Leon vs. Public Estate Authority, G.R.
No. 181970, August 3, 2010)
When a judgment calls for the issuance of a new title in favor of the
winning party, it logically follows that the judgment also requires the losing
party to surrender its title for cancellation. It is the only sensible way by
which the decision may be enforced. To this end, petitioners can obtain a
court order requiring the registered owner to surrender the same and
directing the entry of a new certificate of title in petitioners favor. (Col.
Francisco Dela Merced Vs. Government Service Insurance System, G.R. No.
167140. November 23, 2011)
Entry of judgment and final order
When made?
Kinds of judgment:
Sin Perjuico Judgment
It is a judgment without statement of the facts in support of its
conclusions. Such a judgment is void for it violates Sec. 15, Article VIII of the
Constitution. Thus, the party adversely affected would be unable to file a
motion for reconsideration or appeal the judgment for he has to speculate on
the grounds upon which the judge based his decision. (Riguera 2013)
Nunc Pro Tunc Judgment or Order
One rendered to record some judicial act done at a former time but
which was not carried into the record. Since the only function of a nunc pro
tunc judgment or order is to place into the record a judicial action actually
taken, it cannot correct judicial errors, however flagrant and glaring these
may be. (Riguera 2013, citing Henderson vs. Tan, 87 Phil. 466), nor can it
construe what a judgment means. (Ibid., citing Lichauco vs. Tan Po, 51 Phil.
862).
Several Judgments (Rule 36, Sec.4)
A judgment rendered by a court against one or more defendants, but not
against all, leaving the action to proceed against the others (Riano 2011,
citing Sec.4 Rule 36)
Separate Judgments(Rule 36, Sec.5)
This kind of judgment presupposes that there are several claims for relief
presented in a single action. The court may render separate judgment on
one of the several claims. The judgment will terminate the action with
respect to that claim and the action shall proceed as to the remaining claims.
The court may stay the execution of the separate judgment until the
rendition of a judgment on all the other claims. (Riano 2011, citing Sec. 5
Rule 36)
Memorandum decision
It isa decision of appellate court which adopts the true findings of fact
and conclusion of the trial court if it is affirming the latters decision.
Appeal on Separate or Several Judgments
Appeal on either is not allowed unless the court allows the appeal. (Sec. 1(g)
Rule 41). Where an appeal is allowed, the same shall be taken by filing a
notice of appeal and a record on appeal within 30 days from notice of the
order allowing the appeal. (Sec. 3 Rule 41). (Riguera 2013).
Judgment against Entity without Juridical Personality (Rule 36, Sec.
6)
The judgment shall set out their individual or proper names if known.
Doctrine of Immutability of Judgments
Law of the case has been defined as the opinion delivered on a former
appeal, and means, more specifically, that whatever is once irrevocably
established as the controlling legal rule of decision between the same parties
in the same case continues to be the law of the case, whether correct on
general principles or not, so long as the facts on which such decision was
predicated continue to be the facts of the case before the court.
The doctrine of law of the case simply means, therefore, that when an
appellate court has once declared the law in a case, its declaration continues
to be the law of that case even on a subsequent appeal, notwithstanding
that the rule thus laid down may have been reversed in other cases. For
practical considerations, indeed, once the appellate court has issued a
pronouncement on a point that was presented to it with full opportunity to be
heard having been accorded to the parties, the pronouncement should be
regarded as the law of the case and should not be reopened on remand of
the case to determine other issues of the case, like damages. But the law of
the case, as the name implies, concerns only legal questions or issues
thereby adjudicated in the former appeal. (Development Bank of the
Philippines (DBP) v. Guaria Agricultural and Realty Development
Corporation, G.R. No. 160758. January 15, 2014.)
Within the period for taking an appeal, the aggrieved party may move
the trial court to set aside the judgment or final order and grant a new trial
for one or more of the following causes materially affecting the substantial
rights of said party:
Within the same period, the aggrieved party may also move for
reconsideration upon the grounds that the damages awarded are excessive,
that the evidence is insufficient to justify the decision or final order, or that
the decision or final order is contrary to law. (Rule 37, Section
1) (acronym supplied)
A motion for new trial shall include all grounds then available and
those not so included shall be deemed waived. A second motion for new trial,
based on a ground not existing nor available when the first motion was
made, may be filed within the time herein provided excluding the time during
which the first motion had been pending.
The aggrieved party has a fresh period of 15 days from the denial of
motion for reconsideration or new trial within which to file his appeal. This
applies to Rules 40, 41, 42, 43 and 45(Neypes v. CA, GR 141524, September
14, 2005).
In all the above instances where the judgment or final order is not
appealable, the aggrieved party may file an appropriate special civil action
under Rule 65. (Rule 41, Section 1(2))
A party may file a Special Civil Action for Certiorari or Prohibition if there is
lack or excess of jurisdiction or grave abuse of discretion or Mandamus if
there is no performance of duty.
d) Modes of appeal
Ordinary appeal
In all cases where only questions of law are raised or involved, the
appeal shall be to the Supreme Court by petition for review on certiorari in
accordance with the Rule 45. (Rule 41, Section 2(c))
The appeal shall be taken within fifteen (15) days from notice of the
judgment or final order appealed from. Where a record on appeal is required,
the appellant shall file a notice of appeal and a record on appeal within thirty
(30) days from notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or
reconsideration. No motion for extension of time to file a motion for new trial
or reconsideration shall be allowed. (Rule 41, Section 3)
Perfection of appeal
Within the period for taking an appeal, the appellant shall pay to the
clerk of the court which rendered the judgment or final order appealed from,
the full amount of the appellate court docket and other lawful fees. Proof of
payment of said fees shall be transmitted to the appellate court together
with the original record or the record on appeal, as the case may be. (Rule
40, Section 5; Rule 41, Section 4) If not paid, it could be a ground for
dismissal of the appeal.
Under Sec. 34 of B.P. Blg. 129 on the delegated jurisdiction of the MTC
in cadastral and land registration cases, it is provided that the decision of the
MTC shall be appealable in the same manner as decisions of the RTC. (Riano
2013)
Appeal from judgments or final orders of the RTC
(All Sections are from Rule 41)
Rule 41 refers to an ordinary appeal from the RTC to the CA in cases where
the RTC rendered a decision in the exercise of its ORIGINAL JURISDICTION.
Subject of Appeal (Sec.1)
(As amended by A.M. No. 07-7-12-SC December 4, 2007)
When an appeal is proper?
An appeal may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when declared by
these Rules to be appealable.
Priscilla Alma Jose, Vs. Ramon C. Javellana, Et Al., G.R. No. 158239, January
25, 201
RULE 42
Rule 45
petition for review on certiorari. The petition shall raise only questions of law
which must be distinctly set forth.
The Supreme Court may on its own initiative deny the petition on the ground
that the appeal is without merit, or is prosecuted manifestly for delay, or that
the questions raised therein are too unsubstantial to require consideration.
Conclusiveness of Facts
General Rule:
The findings of fact of the CA are final and conclusive and cannot be
reviewed on appeal to the SC. Thus, only questions of law are entertained by
SC under Rule 45.
Exceptions:
1.When the finding is grounded entirely on speculations, surmises or
conjectures;
2.When inference made is manifestly absurd, mistaken or impossible;
3.When the judgment is premised on a misrepresentation of facts;
4. When there is grave abuse of discretion in the appreciation of facts;
5.When the findings of fact are conflicting;
6.When the CA in making its findings went beyond the issues of the
case and the same is contrary to both the admissions of appellants and
appellees;
7.When the findings of fact of the CA are at variance with those of the
trail court, the SC has to review the evidence in order to arrive at the correct
SEC. 2. Effect of appeal. The motion for reconsideration or for new trial
filed before the Court shall be deemed abandoned if, during its pendency,
the movant shall appeal to the supreme Court pursuant to Section 1 of this
Rule.
See also Rule 43 which is discussed under o) Review of final judgments or
final orders of quasi-judicial agencies
l) Review of final judgments or final orders of the Comelec
Rule 64
are referred to therein and other documents relevant and pertinent thereto.
The requisite number of copies of the petition shall contain plain copies of all
documents attached to the original copy of said petition.
The petition shall state the specific material dates showing that it was filed
within the period fixed herein, and shall contain a sworn certification against
forum shopping as provided in the third paragraph of section 3, Rule 46.
Section 9.Submission for decision. Unless the Court sets the case
for oral argument, or requires the parties to submit memoranda, the case
shall be deemed submitted for decision upon the filing of the comments on
the petition, or of such other pleadings or papers as may be required or
allowed, or the expiration of the period to do so.
An appeal shall not stop the decision from being executory. In case the
penalty is suspension or removal and the respondent wins such appeal, he
shall be considered as having been under preventive suspension and shall be
paid the salary and such other emoluments that he did not receive by reason
of the suspension or removal.
Sept. 16, 1998). However, the remedy of an aggrieved party from a decision
or order of the Office of the Ombudsman in a criminal case is to file a petition
for certiorari before the SC (Perez v. Ombudsman, GR. No. 131445, May
27, 2004).
The decision and final orders of the COA, and COMELEC are also reviewable
by the Supreme Court.
Review of final judgments or final orders of the NLRC
The Commission shall decide all cases within twenty (20) calendar
days from receipt of the answer of the appellee. The decision of the
Commission shall be final and executory after ten (10) calendar days from
receipt thereof by the parties. (Article 223, Labor Code)
Since it is final and executory, the only remedy is certiorari under
Rule 65, which must be first lodged in the Court of Appeals before the
Supreme Court according to the doctrine of judicial hierarchy. (St. Martin
Funeral Home v. NLRC, G.R. No. 130886, September 16, 1998)
Review of final judgments or final orders of quasi-judicial agencies
Administrative Disciplinary Cases Appealable to the CA via Petition for
Review Under Rule 43
Section 1.Scope. This Rule shall apply to appeals from judgments
or final orders of the Court of Tax Appeals and from awards, judgments, final
orders or resolutions of or authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions. Among these agencies are the Civil
Service Commission, Central Board of Assessment Appeals, Securities and
Exchange Commission, Office of the President, Land Registration Authority,
Social Security Commission, Civil Aeronautics Board, Bureau of Patents,
Trademarks and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act No. 6657, Government
Service Insurance System, Employees Compensation Commission,
Agricultural Invention Board, Insurance Commission, Philippine Atomic
Energy Commission, Board of Investments, Construction Industry Arbitration
Commission, and voluntary arbitrators authorized by law.
Section 6.Contents of the petition. The petition for review shall (a)
state the full names of the parties to the case, without impleading the court
or agencies either as petitioners or respondents; (b) contain a concise
statement of the facts and issues involved and the grounds relied upon for
the review; (c) be accompanied by a clearly legible duplicate original or a
certified true copy of the award, judgment, final order or resolution appealed
from, together with certified true copies of such material portions of the
record referred to therein and other supporting papers; and (d) contain a
sworn certification against forum shopping as provided in the last paragraph
of section 2, Rule 42. The petition shall state the specific material dates
showing that it was filed within the period fixed herein.
Section 12.Effect of appeal. The appeal shall not stay the award,
judgment, final order or resolution sought to be reviewed unless the Court of
Appeals shall direct otherwise upon such terms as it may deem just.
allowed only in
other remedy is
90 Phil. 773). It
certiorari (Ibid.,
The 6-month period is computed from the date of entry of the order or
judgment. However, as now amended, the date of the finality of the
judgment or final order is deemed to be the date of its entry (Regalado, 10th
Ed., citing Dirige vs. Biranya, L-22033, July 30, 1966).
The two periods for the filing of a petition for relief are not extendible and
never interrupted (Regalado, 10th Ed., citing Quijano vs. Tameta, L-16472,
April 20, 1961). Thus, a petition for certiorari does not suspend the periods
prescribed by this section (Ibid., citing Palomares vs. Jimenez, 90 Phil. 773),
and neither does a motion for reconsideration of the order subject of the
petition for relief (Ibid., citing Cruz vs. Oppen, L-23861, Feb. 17, 1968),
especially if filed in the wrong court. These periods cannot be subject to a
condition or a contingency as they are devised to meet a condition or a
contingency (Ibid., citing Vda. de Salvatierra vs. Garlitos, 103 Phil. 157). Both
periods must be complied with (Ibid., citing Philippine Rabbit Bus Lines vs.
Arciaga, L-29701, Mar. 16, 1987).
Contents of petition
1. Petition must be verified;
2. Must be accompanied with affidavits showing the fraud, accident,
mistake, or excusable negligence relied upon, and the facts constituting the
petitioner's good and substantial cause of action or defense, as the case may
be. (Rule 38, Sec.3)
2) Lack of jurisdiction.
Lack of Jurisdiction refers to either jurisdiction over the person of the
defending party, or over the subject matter of the claim, since in either case
the judgment or final order and resolution are void. (Regalado, 10th Ed.)
3) Third ground Lack of due process
While under Section 2, Rule 47 of the Rules of Court a Petition for
Annulment of Judgment may be based only on the grounds of extrinsic fraud
and lack of jurisdiction, jurisprudence recognizes lack of due process
as additional ground to annul a judgment. In Arcelona v. Court of
Appeals, this Court declared that a final and executory judgment may still be
set aside if, upon mere inspection thereof, its patent nullity can be shown for
having been issued without jurisdiction or for lack of due process of law.
(Leticia Diona, rep. by her attorney-in-fact, Marcelina Diona Vs. Romeo A.
Balangue, Sonny A. Balangue, Reynaldo A. Balangue, and Esteban A.
Balangue, Jr. G.R. No. 173559. January 7, 2013)
IMPORTANT CONDITION
For the remedy under Rule 47 to be available, the petitioner must have
failed, with sufficient justification, to either:
1. Move for new trial or reconsideration
2. Appeal from the judgment or final order
3. File a petition for relief against the judgment or final order, or;
4. Take other appropriate remedies assailing the questioned judgment
or final order
If he failed to avail of those remedies without sufficient justification, he
cannot resort to the action for annulment provided in this Rule, otherwise he
would benefit from his own inaction or negligence (Regalado, 10th Ed.)
Allegations and requirements in the pleading
has not theretofore commenced any other action involving the same issues
in the Supreme Court, the CA or the different divisions thereof, or any other
tribunal or agency; if there is such other action or proceeding, he must state
the status of the same, and if he should thereafter learn that a similar action
or proceeding has been filed or is pending before the Supreme Court, the CA,
or different divisions thereof, or any other tribunal or agency, he undertakes
to promptly inform the said courts and other tribunal or agency thereof
within five days therefrom. (Pinausukan Seafood House-Roxas Blvd., Inc. v.
Far East Bank and Trust Cp., now Bank of the Philippine Islands, et al., G.R.
No. 159926, January 20, 2014.)
FOR
Exceptions
a) When the subsequent facts and circumstances transpire which render
such execution unjust or impossible;
b) On equitable grounds, as when there has been a change in the
situation of the parties which makes the execution inequitable (Albar v.
Carandang, L-18003, 29 Sept. 1962);
c) Where the judgment has been novated by the parties (Dormitorio v.
Fernandez, et al., L-25889, 21 Aug. 1976);
d) When a petition for relief or an action to enjoin the judgment is filed
and a preliminary injunction is prayed for and granted (see Sec. 5, Rule
38);
e) When the judgment has become dormant, the 5-year period under Sec.
6 of this Rule having expired without the judgment having been
revived (Cunanan v. CA, et al., L-25511, 28 Sept. 1968); or
f) Where the judgment turns out to be incomplete (Del Rosario v. Villegas,
49 Phil. 634) or is conditional (Cu Unjieng, etc. v. Mabalacat Sugar Co., 70
Phil. 380) since, as a matter of law, such judgment cannot become final
(Regalado).
MANDAMUS is the proper remedy when a motion for execution (as a matter
of right) is denied. However, if the appellate court reversed the decision of
the lower and the latter denies the motion for execution for the same, the
judgment obligee may file with the appellate court a motion to direct the
lower court to issue the writ of execution. Mandamus is not proper since
there is a plain, adequate, and speedy remedy under Sec. 1 Rule 39 (Riguera
2013, citing Jose Feria, 1997 Rules of Civil Procedure 115 [1997]).
b) Discretionary execution
Section 2, Rule 39 of the Rules of Court provides:
SEC. 2. Discretionary execution.
(a) Execution of a judgment or a final order pending appeal. On
motion of the prevailing party with notice to the adverse party filed in the
trial court while it has jurisdiction over the case and is in possession of either
the original record or the record on appeal, as the case may be, at the time
of the filing of such motion, said court may, in its discretion, order execution
of a judgment or final order even before the expiration of the period to
appeal.
After the trial court has lost jurisdiction, the motion for execution
pending appeal may be filed in the appellate court.
Discretionary execution may only issue upon good reasons to be stated
in a special order after due hearing.
(b) Execution of several, separate or partial judgments. A several
separate or partial judgment may be executed under the same terms and
conditions as execution of a judgment or final order pending appeal.
Requisites:
to the executing sheriff. The latter shall turn over all the amounts coming
into his possession within the same day to the clerk of court of the court that
issued the writ, or if the same is not practicable, deposit said amount to a
fiduciary account in the nearest government depository bank of the Regional
Trial Court of the locality.
The clerk of court shall thereafter arrange for the remittance of the
deposit to the account of the court that issued the writ whose clerk of court
shall then deliver said payment to the judgment obligee in satisfaction of the
judgment. The excess, if any, shall be delivered to the judgment obligor
while the lawful fees shall be retained by the clerk of court for disposition as
provided by law. In no case shall the executing sheriff demand that any
payment by check be made payable to him.
(b) Satisfaction by levy. - If the judgment obligor cannot pay all or part
of the obligation in cash, certified bank check or other mode of payment
acceptable to the judgment obligee, the officer shall levy upon the properties
of the judgment obligor of every kind and nature whatsoever which may be
disposed of for value and not otherwise exempt from execution giving the
latter the option to immediately choose which property or part thereof may
be levied upon, sufficient to satisfy the judgment. If the judgment obligor
does not exercise the option, the officer shall first levy on the personal
properties, if any, an then on the real properties if the personal properties
are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal or real
property of the judgment obligor which has been levied upon.
When there is more property of the judgment obligor than is sufficient
to satisfy the judgment and lawful fees, he must sell only so much of the
personal or real property as is sufficient to satisfy the judgment and lawful
fees.
Real property, stocks, shares, debts, credits, and other personal
property, or any interest in either real or personal property, may be levied
upon in like manner and with like effect as under a writ of attachment.
(c) Garnishment of debts and credits. - The officer may levy on debts
due the judgment obligor and other credits, including bank deposits, financial
interests, royalties, commissions and other personal property not capable of
manual delivery in the possession or control of third parties. Levy shall be
made by serving notice upon the person owing such debts or having in his
possession or control such credits to which the judgment obligor is entitled.
The garnishment shall cover only such amount as will satisfy the judgment
and all lawful fees.
The garnishee shall make a written report to the court within five (5)
days from service of the notice of garnishment stating whether or not the
judgment obligor has sufficient funds or credits to satisfy the amount of the
judgment. If not, the report shall state how much funds or credits the
garnishee holds for the judgment obligor. The garnished amount in cash, or
certified bank check issued in the name of the judgment obligee, shall be
delivered directly to the judgment obligee within ten (10) working days from
service of notice on said garnishing requiring such delivery, except the lawful
fees which shall be paid directly to the court.
In the event there are two or more garnishees holding deposits or credits
sufficient to satisfy the judgment, the judgment obligor, if available, shall
have the right to indicate the garnishee or garnishees who shall be required
to deliver the amount due; otherwise, the choice shall be made by the
judgment obligee.
The executing sheriff shall observe the same procedure under
paragraph (a) with respect to delivery of payment to the judgment obligee.
Based on the foregoing, the sheriff is required to first demand of the
judgment obligor the immediate payment of the full amount stated in the
writ of execution before a levy can be made. The sheriff shall demand
such payment either in cash, certified bank check or any other mode of
payment acceptable to the judgment obligee. If the judgment obligor cannot
pay by these methods immediately or at once, he can exercise his option to
choose which of his properties can be levied upon. If he does not exercise
this option immediately or when he is absent or cannot be located, he waives
such right, and the sheriff can now first levy his personal properties, if any,
and then the real properties if the personal properties are insufficient to
answer for the judgment. (VILLARIN VS MUNASQUE, G.R. No. 169444,
September 17, 2008)
Only property of the debtor can be the subject of execution:
The power of the court in executing judgments extends only to
properties unquestionably belonging to the judgment debtor alone. An
execution can be issued only against a party and not against one who did not
have his day in court. The duty of the sheriff is to levy the property of the
judgment debtor not that of a third person. For, as the saying goes, one
man's goods shall not be sold for another man's debts.
A sheriff is not authorized to attach or levy
to the judgment debtor. The sheriff may be liable
property belonging to a third party. If he does
affords him no justification, for the action is not in
of the writ.
The levy upon the properties of the judgment obligor may be had by
the executing sheriff only if the judgment obligor cannot pay all or part of the
full amount stated in the writ of execution. If the judgment obligor cannot
pay all or part of the obligation in cash, certified bank check, or other mode
acceptable to the judgment obligee, the judgment obligor is given the option
to immediately choose which of his property or part thereof, not otherwise
exempt from execution, may be levied upon sufficient to satisfy the
judgment. If the judgment obligor does not exercise the option immediately,
or when he is absent or cannot be located, he waives such right, and the
sheriff can now first levy his personal properties, if any, and then the real
properties if the personal properties are insufficient to answer for the
judgment. Therefore, the sheriff cannot and should not be the one to
determine which property to levy if the judgment obligor cannot
immediately pay because it is the judgment obligor who is given the
option to choose which property or part thereof may be levied upon
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
person may be punished for contempt if he disobeys such judgment.
What is a special judgment?
Special Judgment refers to a specific act which the party or person
must personally do, because his personal qualification and circumstances
have been taken into consideration in accordance with the provision of
article 1161 of the Civil Code. (CALUAG VS PECSON, October 29, 1948,
G.R. No. L-1403)
Effect of levy on third persons
Sec. 12. Effect of levy on execution as to third persons.
The levy on execution shall create a lien in favor of the judgment
obligee over the right, title and interest of the judgment obligor in such
property at the time of the levy, subject to liens and encumbrances then
existing.
3.17.4. PROPERTIES EXEMPT FROM EXECUTION
(1) There are certain properties exempt from execution enumerated
under Sec. 13, Rule 39:
(a) The judgment obligors family home as provided by law, or the
homestead in which heresides, and the land necessarily used in connection
therewith;
(b) Ordinary tools and implements personally used by him in his trade,
employment, or livelihood;
(c) Three horses, or three cows, or three carabaos, or other beasts of
burden, such as thejudgment obligor may select necessarily used by him in
his ordinary occupation;
(d) His necessary clothing and articles for ordinary personal use,
excluding jewelry;
(e) Household furniture and utensils necessary for housekeeping, and
used for that purpose bythe judgment obligor and his family, such as the
judgment obligor may select, of a value notexceeding 100,000 pesos.
(f) Provisions for individual or family use sufficient for four months;
(g) The professional libraries and equipment of judges, lawyers,
physicians, pharmacists,
dentists, engineers, surveyors, clergymen, teachers, and other professionals,
not exceeding
300,000 pesos;
(h) One fishing boat and accessories not exceeding the total value of
100,000 pesos owned by afisherman and by the lawful use of which he earns
his livelihood;
(i) So much of the salaries, wages, or earnings of the judgment obligor
for his personal serviceswith 4 months preceding the levy as are necessary
for the support of his family;
(j) Lettered gravestones;
All the elements of the doctrine are present in this case. The final
judgment in G.R. No. 167998 was rendered by the Court pursuant to its
jurisdiction over the review of decisions and rulings of the CA. It was a
judgment on the merits of Planters Banks right to apply for and be issued a
writ of possession. Lastly, the parties in G.R. No. 167998 are the same
parties involved in the present case. (LZK Holdings and Development
Corporation v. Planters Development Bank, G.R. No. 187973, January 20,
2014)