Professional Documents
Culture Documents
Remedial Law
Refers to the
legislation providing
means or methods
whereby causes of
action may be
effectuated, wrongs
redressed, and relief
obtained (adjective
law)
Has no vested
rights
Prospective in
application
Cannot be enacted
by SC
SC is expressly
empowered to
promulgate
procedural rules
1.
2.
3.
4.
1. 1987 Constitution
2. BP 129 (Judiciary Reorganization
Act of 1980) as amended by
RA7691 (Act expanding the
jurisdiction of MTCs, MuTCs, MCTCs
3. Rules of Court
4. Supreme Court Administrative
Matters and Circulars
5. Supreme Court decisions
6. New Civil Code
7. Family Code
8. Local Government Code (RA 7160),
particularly the Katarungang
Pambarangay Law
9. Special Laws and amendments
10.Rules of Procedure on Small Claims
11.Revised Manual of the Clerk of
Court
Criminal
Procedure
Civil
Action
A remedy
by which a
party seeks
to establish
a status, a
right, or a
particular
fact (Rule 1
S3c)
The State
prosecutes
a person
for an act
or omission
punishable
by law
(Rule 1
S3b)
A party
sues
another for
the
enforceme
nt or
protection
of a right,
or the
prevention
or redress
of a wrong
A
proceeding
wherein a
person is
prosecuted
by the
State for
acts or
omissions
committed
in violation
of penal
laws, and
to impose
the
correspondi
ng penalty
provided
for by
penal laws
Governed
Governed
A civil
action may
be ordinary
or special.
(R1 S3a)
Both are
by special
rules, and
in the
absence of
special
provisions,
the rules
provided
for in
ordinary
civil
actions
shall be, as
far as
practicable
, apply
suppletory
(R72 S2)
by the
Revised
Rules of
Criminal
Procedure
May
involve
only one
party
Involves
the State
against the
accused
Involves 2
or more
parties
Initiated by
petition
Initiated by
complaint
(but filed in
court by
Information
)
Initiated by
complaint,
or, in some
special civil
actions, by
petition
Based on
an act or
omission
punishable
by law
Based on a
cause of
action
Except
Habeas
Corpus,
NOT based
on a cause
of action
governed
by the
Rules for
ordinary
civil
actions,
subject to
specific
rules
prescribed
for a
special civil
action (R1
S3a)
A3 S1
No person shall be deprived of life, liberty,
or property without due process of law,
nor shall any person be denied the equal
protection of the laws.
A6 S30
No law shall be passed increasing the
appellate jurisdiction of the SC as provided
in this Constitution without its advice and
concurrence.
A8 S5 P1
The Supreme Court shall have the
following powers:
CONSTITUTIONAL PROVISIONS
Relating to CIVIL PROCEDURE
A8 S1
A7 S4
The Supreme Court en banc shall be the
sole judge of all contests relating to the
election, returns, and qualification of the
A7 S18
The Supreme Court may review, in an
appropriate proceeding filed by any
citizen, the sufficiency of the factual basis
of the proclamation of martial law or the
suspension of the privilege of the writ or
the extension thereof, and must
promulgate its decision thereon within 30
days from its filing.
Review
Revise
Reverse
Modify
Affirm
o On appeal or certiorari, as
the law or the Rules of Court
may provide, final
judgments and orders of
lower courts in:
A8 S2
The Congress shall have the power to
define, prescribe, and apportion the
jurisdiction of the various courts but may
not deprive the SC of its jurisdiction over
cases enumerated in S5 thereof.
No law shall be passed reorganizing the
Judiciary when it undermines security of
tenure of its members.
A3 S16
All persons shall have the right to speedy
disposition of cases before before all
judicial, quasi judicial, administrative
bodies.
Rule 30
Rule 36
Rule 39
Venue
Jurisdiction
Power of court to
hear and decide a
case
May be waived
Jurisdiction over
subject matter and
over nature of
action are conferred
by law and cannot
be waived
Procedural
Substantive
May be changed by
written agreement
of the parties
Cannot be subject
of the agreement of
the parties
General Jurisdiction
Power to adjudicate all
controversies except those
expressly withheld from the
plenary powers of the court.
It extends to all controversies
which may be brought before a
court within the legal bounds of
rights and remedies.
Special or Limited Jurisdiction
One which restricts the courts
jurisdiction only to particular cases
and subject to such limitations as
may be provided by the governing
law.
It is confined to particular causes,
or which can be exercised only
under the limitations and
circumstances prescribed by the
statute
Appellate Jurisdiction
Power and authority conferred
upon a superior court to rehear and
determine causes which have been
tried in lower courts, the
cognizance which a superior court
takes of a case removed to it, by
appeal or writ of error, from the
decision of a lower court or the
review by a superior court of the
final judgment or order of some
lower courts
Concurrent / Confluent /
Coordinate Jurisdiction
Power conferred upon different
courts, whether of the same or
different ranks, to take cognizance
at the same stage of the same case
in the same or different judicial
territories
E.g. CA, SC, Sandiganbayan, RTCin HC cases, Writ of Amparo, Writ of
Habeas Data
Original Jurisdiction
Power of the court to take judicial
cognizance of a case instituted for
judicial action for the first time
under conditions provided by law
Coordinate Jurisdiction
(same as Concurrent Jurisdiction)
Power conferred upon different
courts, whether of the same or
different ranks, to take cognizance
at the same stage of the same case
in the same or different judicial
territories
Ancillary Jurisdiction
Power of the courts to settle issues
which are incidental to main issue
Appeal by
Certiorari
Rule 45
Rule 65
Petition is based on
questions of law
Petition is based on
questions of
jurisdiction, whether
the lower court
acted without
jurisdiction or in
excess of
jurisdiction or with
grave abuse of
discretion
Mode of appeal
Mode of review /
SPECIAL CIVIL
ACTION
Involves review of
the judgment award
or final order on the
merits
Directed against
interlocutory order
of the court or
where there is no
Delegated Jurisdiction
The grant of authority to inferior
courts to hear and determine
cadastral and land registration
cases under certain conditions
Petition for
Certiorari
Stays judgment or
final order appealed
from
Unless a writ of
preliminary
injunction or
temporary
restraining order is
issued, the petition
does not stay the
challenged
proceeding
Appellant and
appellee are
original parties to
the action, and the
lower court or quasi
judicial agency is
not impleaded
Motion for
reconsideration is
not required
Motion for
reconsideration or
for new trial is
required; if a motion
for reconsideration
or new trial is filed,
the period shall not
only be interrupted
but another 60 days
shall be given to
petitioner (SC
Admin Matter 0203)
Court is in exercise
of its appellate
jurisdiction and
power of review
Court exercises
original jurisdiction
Petition shall be
filed with the
Supreme Court
Petition shall be
filed with the RTC,
CA, Sandiganbayan,
Comelec
a.
b.
c.
d.
e.
Certiorari
Prohibition
Mandamus
Quo warranto
Habeas corpus
JURISDICTION
SUPREME COURT
1.
2.
3.
4.
5.
CA decisions
-
Mandamus
Prohibition
Certiorari
Habeas corpus
Quo warranto
Auxiliary writs and processes,
o Whether or not in aid of its
appellate jurisdiction
Appellate Jurisdiction:
1. Rule 41- over RTC decisions in the
exercise of its ORIGINAL
JURISDICTION (via Notice or Record
of Appeal)
-
Appellate Jurisdiction:
1. Cases involving devices or
schemes employed by or any acts
of the board of directors, business
associates, its offices or
partnership, amounting to fraud or
misrepresentation which may be
interest of the public and/or of the
stockholders, partners, members of
associations or organizations
registered with the Commission
2. Controversies arising out of
intracorporate or partnership
relations, between and among
stockholders, members or
associates, between any and all of
them and the corporation,
partnership, or association of which
they are stockholders, members or
associates respectively, and
between such corporation,
partnership or association and the
state insofar as it concerns their
individual franchise or right to exist
as such entity
3. Controversies in election or
appointment of directors, trustees,
MTC
(note: baligtarin ang RTC jurisdiction,
below 20-50, 300-400)
Ordinary Civil Actions:
1. exclusive original jurisdiction over
civil actions and probate
proceedings, testate and intestate,
including grant of provisional
remedies in proper cases, where
the value of the personal property,
estate or amount of the demand
does not exceed 300k OMM or
400k MM exclusive of interest,
damages, of whatever kind, AF,
litigation expenses and costs, the
amount of which must be
specifically alleged. Provided, that
interest, damages of whatever
kind, AF, litigation expenses, and
costs shall be included in the
Summary Procedure:
1. All cases of FE and UD, irrespective
of the amount of damages or
unpaid rentals sought to be
a wrong (R1
S3)
person who
has
committed
delict or
wrong
against him
Reason for
the action
Remedy or
means
afforded or
the
consequent
relief
Formal
statement of
operative
facts that
give rise to
a remedial
right
Remedial
right given
to a person
because of
occurrence
of the
alleged facts
Matter of
procedure
and
depends on
the
pleadings
filed by the
parties
A matter of
right and
depends on
substantive
law
Not affected
by
affirmative
defenses
(fraud,
prescription,
estoppel,
etc)
Affected by
affirmative
defenses
Cause of
Action
Right of
Action
Suit to
enforce
ones right
or for the
prevention
or redress of
a wrong
Act or
omission by
which a
party
violates a
right of
another
Remedial
right to file a
suit based
on cause of
action
Kinds of actions:
1ST GROUP: for purposes of venue under
Rule 4
Original Distinctions:
Action
Suit filed in
court for
enforcemem
t or
protection of
a right, or
the
prevention
or redress of
Cause of
Action
Right of
Action
Act or
omission by
which a
party violate
a right of
another (R2
S2)
Remdial
right or right
to relief
granted by
law to a
party to
institute an
action
against a
Real Action
-
Involves privity of
contract/personal property (A416417 of NCC in consideration)
Venue: R4 S2
10
Mixed Action
-
directly
over a
particular
property to
an obligation
or lien
burdening it
Judgment is
binding on
the whole
world
Judgment is
bonding
only upon
the parties
impleaded
or their
successors
in interest
Judgment is
binding
upon
particular
persons
Examples:
Examples:
Examples:
Probate
proceeding,
Action for
specific
performance
Action for
partition
Action in Personam
-
Action
o
o
o
o
Action in
rem
Action in
personam
Action
Quasi in
Rem
Directed
against the
thing itself
Directed
against
particular
persons
Directed
against
particular
persons
Jurisdiction
over person
of defendant
is not
required
Jurisdiction
over person
of defendant
is required
Jurisdiction
over the
person of
the
defendant is
not required
as long as
jurisdiction
over the res
is acquired
A
proceeding
to determine
the state or
condition of
a thing
An action to
impose a
responsibilit
y or liability
upon a
person
A
proceeding
to subject
the interest
of a named
defendant
cadastral
proceeding,
Action for
breach of
contract
Action to
foreclose
real estate
mortgage
Real Action
Personal
Action
Mixed
Action
Ownership
or
possession
of real
property is
involved
Personal
property is
sought to be
recovered or
where
damages for
breach of
contract are
sought
Both real
and personal
properties
are involved
Founded on
privy of real
estate
Founded on
privity of
contract
Founded on
both
Filed in the
court where
the property
or any part
thereof is
situated (R4
S1)
Filed in the
court where
the plaintiff
or any of the
plaintiffs
resides,
where
defendant or
any of the
defendants
Filed in the
court where
the property
or any part
thereof is
situated (R4
S1)
special
proceedings
11
resides, or in
case of non
resident
defendant,
where he
may be
found, at
election of
plaintiff (R4
S2)
Real Action
In rem action
Ownership or
possession of real
property is involved
Action directed
against the thing
itself
Example:
Example:
Example:
Not necessarily;
depends on whether
the action is real,
personal, mixed
Accion
reivindicator
ia
Action for a
sum of
money
Accion
publiciana
with a claim
for damages
A proceeding
founded on privity
of real estate
A proceeding to
determine state or
condition of a thing
Judgment is binding
upon the whole
world
Personal Action
Action in
personam
Personal property is
sought to be
recovered or where
damages for breach
of contract are
sought
An action directed
against particular
persons, may be
real action, personal
action, mixed action
Founded on privity
of contract
Not necessarily;
because the action
may also be real or
mixed
R4 S1 or R4 S2 may
govern, depending
on whether the
action is real action
or personal action
Mixed Action
Quasi In Rem
Action
Founded on both
privity of real estate
and privity of
contract
Action directed
against particular
persons, but
jurisdiction over
defendant is not
required as long as
jurisdiction over the
res is acquired
Rules on venue of
Rules on personal
INITIATORY PLEADING
A pleading that initiates an action
RESPONSIVE PLEADING
A pleading that responds to
allegations in the adverse partys
pleading
12
Reply
Answer to counter counter claim
Answer to counter cross claim
Initiatory Pleadings
Original complaint
Permissive counterclaim
Cross claim
Third party complaint
4th party complaint
Complaint in intervention
Petition
In special civil actions
In special proceedings
Counter counter claim
Counter cross claim
Counter Counter
Claim
Counter Cross
Claim
COMPULSORYArises out of or is
necessarily
connected with the
transaction or
occurrence that is
the subject matter
of the opposing
partys claim
Can be an initiatory
pleading, if
permissive
PERMISSIVE- does
not arise of or is
necessarily
connected with the
transaction or
occurrence that is
the subject matter
of the opposing
partys claim
Initiatory
Pleading
Responsive
Pleading
A pleading that
initiates an action
A pleading that
responds to
allegations in the
adverse partys
pleading
Original
complaint
Permissive
counterclai
m
Cross claim
Third party
complaint
4th party
complaint
Complaint
in
interventio
n
Responsive Pleadings
Petition
Answer to
original
complaint
Answer to
permissive
counterclaim
Answer to
third party
complaint
Answer to
fourth party
complaint
Answer to
complaint in
intervention
Comment or
objection to
petition
In special civil
actions
Compulsory
counterclaim
In special
13
proceedings
Reply
Counter
counter
claim
Answer to
counter
counter claim
Counter
cross claim
Answer to
counter cross
claim
Need to be
verified, with
certification
against forum
shopping, plus
payment of
docket fees
Except when
otherwise provided by
law or these Rules,
need not be verified
No need for
certification against
forum shopping, and
not need for payment
of docket fees (Note:
compulsory
counterclaim, docket
fees are suspended)
Instances when
verification is needed:
Actionable
document
Allegations of
usury
Answer to
permissive
counterclaim
Succeeding
pleadings in
special
proceedings
BARANGAY CONCILIATION
PROCEEDINGS
14
15
S417, LGC
The amicable settlement or arbitration
award may be enforced by execution by
the lupon within 6 months from the date of
the settlement. After the lapse of such
time, the settlement may be enforced by
action in the appropriate city or municipal
court.
II.
buyer beware
Notice to buyer of existence of an
adverse claim
o It is not a pleading
o There is need to register it
with the register of deeds
COMPLAINT
Jurisdiction
IF, court has no jurisdiction, M2D R16 S1b
Granted- Refile
Denied- State R16 S4 (yung BUONG
SAGOT na Gusto ni Boss Atty Tan)
Summary Procedure:
16
Cases covered:
1. All cases of FE and UD, irrespective
of the amount of damages or
unpaid rentals sought to be
recovered. Where AF are awarded,
the same shall not exceed 20k
2. All other civil cases, except probate
proceedings, where the total
amount of the plaintiffs claim does
not exceed 100k OMM or 200k MM
exclusive of interests and costs (as
amended by AM 2-11-9-SC)
3. Civil cases not higher than 100kSubject to the Rule on Small Claims
Venue
-
17
Parties
(R3 S1)
If the venue is permissive,
Then the venue is in addition to the
rules on venue
Counter counterclaimant
Counter cross claimant
Defendant includes:
-
Plaintiff
Motion to dismiss was denied.
Remedy for defendant?
Rule 16 S4
File an answer within the balance of the
period prescribed by Rule 11 to which he
was entitled at the time of serving his
motion but not less than 5 days in any
event, computed from his receiving of
notice of denial. Then, go to trial. When
the decision is adverse, file an appeal
raising as error the denial of the motion to
dismiss.
If the denial of the motion is
tainted with grave abuse of discretion
amounting to lack or excess of jurisdiction,
file petition for certiorari under Rule 65.
18
Cross Claimant
A party to an original action who
has a claim against a co party
arising out of the transaction or
occurrence that is the subject
matter either of the original action
or of a counterclaim therein (R6 S8)
Indispensable Party
An indispensable party is a party in
interest without whom no final
determination can be had of an
action who shall be joined either as
plaintiff or defendant (R3 S7)
Necessary Party
A necessary party is a party who is
not indispensable but who ought to
be joined as a party if complete
relief is to be accorded as to those
already parties, or for a complete
determination or settlement of the
claim subject of the action (R3 S8)
absence
without
affecting
them
(Quisumbing vs CA GR 93335 9/13/1990)
Representative party
R3 S3
Party acting in a fiduciary capacity. The
beneficiary shall be included in the title of
the case and shall be deemed to be the
real party in interest. It may be:
-
Quasi Party
Parties in whose behalf a class or
representative suit is brought
19
JOINDER OF PARTIES
Requisites:
1. Right to relief arises out of the
same transaction or series of
transactions
2. Jurisdiction over plaintiffs and
defendants can be obtained
3. There is question of law or fact
common to all plaintiffs or
defendants
4. Such joinder is not otherwise
proscribed by the provisions of the
rules on jurisdiction and venue
R3 S6
All persons in whom or against whom any
right to relief in respect to or arising out of
the same or series of transactions is
alleged to exist, either jointly, severally, or
in the alternative, may, except as
otherwise provided in these rules, join as
plaintiffs or be joined as defendants in one
complaint, where any question of law or
fact common to all such plaintiffs or to all
such defendants may arise in the action;
but the court may make such orders as
may be just to prevent any plaintiff or
defendant from being embarrassed or put
to expense in connection with any
proceedings in which he may have no
interest.
Cause of Action
Act or omission by which a party
violates a right of another (R2 S2)
20
R2 S3
A party may not institute more than one
suit for a single cause of action
R2 S4
If 2 or more suits are instituted on the
basis of the same cause of action, the
filing of one or a judgment upon the merits
in any one is available as a ground for
dismissal of the others.
PLEADING / PARTS OF A
PLEADING
Rule 7 S1
The caption sets forth:
a. Name of the court
b. Title of the action
c. Docket number if assigned
The title of the action indicates the names
of the parties. They shall 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
21
R7 S2
The body of the pleading shall set forth
its:
1.
2.
3.
4.
Designation
Allegation of the claims or defenses
Relief prayed for
Date of the pleading
Paragraph
R7 S3
R7 S4
Except when otherwise specifically
required by law or rule, pleadings need
not be under oath, verified, or
accompanied by affidavit.
A pleading is verified by an affidavit that
1. the affiant has read the pleading
2. that the allegations therein are true
and correct of his personal
knowledge or based on authentic
records
A pleading required to be verified which
contains a verification based
1. on information and belief or
2. upon knowledge, information and
belief
3. or lacks a proper verification
shall be treated as an unsigned pleading
22
Cancellation or Correction of
Entries in the Civil Registry (R108)
Voluntary Dissolution of
Corporations (Corporation Code
)
Judicial Approval of Voluntary
Recognition of Minor Natural
Children (Family Code,
)
23
24
Forum Shopping:
Forum shopping is an act of malpractice of
filing multiple suits in different courts
either simultaneously or successively,
involving the same parties, and asking the
courts to rule on the same or related
causes and/or to grant the same or
substantially the same relief
25
R7 S5
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:
1. 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
2. If there is such other pending claim
or action, a complete statement of
the present status thereof
3. If he should thereafter learn that
the same or similar action or claim
has been filed or is pending, he
shall report that fact within 5 days
therefrom to the court wherein his
aforeseaid complaint or initiatory
pleading has been filed
Submission of a falser
certification or non compliance
of any of the undertakings
therein
Submission of a false certification or non
compliance of any of the undertakings
therein shall constitute indirect contempt
of court without prejudice to
corresponding administrative and criminal
actions
26
Counterclaim
Cross Claim
Original complaint
A
vs
Counterclaim
vs
and
(Original Complaint)
Cross Claim
Complaint In intervention
A vs B
C (or)
C wants to be impleaded in the action
THIRD PARTY
COMPLAINT
COMPLAINT IN
INTERVENTION
27
Rule 6
Rule 19
A claim that a
defending party
may, with leave of
court, file against a
person not a party
to the action, called
a 3rd 4th etc party
defendant for
contribution,
indemnity,
subrogation, or any
other relief in
respect of his
opponents claim
Pleading filed by an
intervenor if he
answers a claim
against either or all
of the original
parties
Third party is
impleaded in the
suit for CISA
Intervenor is any
person who has a
legal interest in the
matter in ligitation,
or in the success of
either of the parties,
or who has an
interest against
both parties, or who
is so situated as to
be adversely
affected by the
distribution or other
disposition of
property in the
custody of the court
or of an officer
thereof
Initiatory Pleadings
Requires payment of docket fees
and certification
against forum
shopping
Docket fee is
required to be paid
Failure to file
answer results in
declaration of
default
not
Initiatory pleading
Not an initiatory
pleading
Initiated by way of
complaint
By way of affidavit
For CISA
Terceria
Pleading
Affidavit
Not
Compulsory CC
Arises out of or is
connected with the
transaction or
occurrence that is
the subject matter
of the opposing
partys claim
Needs verification
Not
Lis Pendens
Litis Pendencia
buyer beware
Notice to buyer of
existence of an
adverse claim
28
which party is
successful, would
amount to res
judicata in the other
case
Notice
Temporary,
auxiliary,
ancillary
remedies available to a litigant for
the protection and preservation of
his rights while the main action is
pending
The
following
remedies:
1.
2.
3.
4.
5.
are
the
provisional
PROVISIONAL REMEDIES
Grounds
for
preliminary
attachment
(NOTE: TINATANONG SA BAR!)
Rule 57 S1
a. In an action for recovery of a
specified amount of money or
damages, other than moral and
exemplary, on a cause of action
arising from law, contract, quasi
contract, delict or quasi delict
against a party who is about to
depart from the Phils with
intent to defraud his creditors
b. In an action for money or
property
embezzled
or
fraudulently
misapplied
or
converted to his own use by a
public officer, or an officer of a
corporation, or an attorney,
factor, broker, agent, or clerk, in
the course of his employment as
such, or by any other person in
a fiduciary capacity, or for a
wilful violation of duty
c. In an action to recover the
possession of property unjustly
or
fraudulently
taken,
detained, or converted, when
the property, or any part thereof,
has been concealed, removed,
or disposed of to prevent its
being found or taken by the
applicant or an authorized
person
d. In an action against a party who
has been guilty of fraud in
contracting
the
debt
or
incurring the obligation upon
which the action is brought, or
in the performance thereof
29
FE/UD- No
Amount 200k MM- yes
100k- no
Ordinary Civil Actions- yes
the
Stages:
-
3. Allegation
of
the
ground
necessitating
the
need
for
preliminary attachment
4. Posting of bond in an amount to be
determined by the court
Publication
Order/Execution
o BOTH ARE EX PARTE
Implementation
o With Summons
How attached?
-
Garnishment
Levy on attachment
o Annotated on back of title,
warning
on
subsequent
buyer subject to outcome of
the case
Or by way of
EITHER
HOW?
By verified motion
writ
of
INTERLOCUTORY, hence,
o M4R R65 S4
o Certiorari R65 S1, R41 S1b
30
Writ of
Preliminary
Attachment
Covers
real
or
personal property
At
the
commencement of
the action or at any
time before entry of
judgment
Amount of the bond
is the value of the
obligation (fixed by
the court)
May be resorted to
even if property is
in the possession of
a third person
B. Preliminary
58)
Writ of Replevin
Covers
only
personal property
Commencement of
the action or at any
time before answer
Amount of the bond
is
double
the
amount
of
the
personal property
Can be sought only
when defendant is
in actual possession
of the property
Injunction
(Rule
Injunction
-
Preliminary Injunction
-
Denial- interlocutory
-
Writ of
preliminary
injunction
A writ granted at
any stage of action
or proceeding prior
to the judgment or
final
order,
requiring a party or
a court, agency or
person
from
a
particular act or
acts. It may also
require
performance of a
particular act or
acts, in which case
it shall be known as
a
preliminary
mandatory
injunction
TRO
An order to restrain
particular act or
acts of a party for a
limited period of
time
Remedy: certiorari
If FJ- appeal
31
HOW?
At the commencement of the complaint
-
By verified complaint
By verified motion
32
33
issues:
effective
until
AGAIN...
TRO- order restraining acts of a party for a
limited period of time
20 days
72 hours (ex parte)- extreme urgency
20 days non extendible
REMEDIES IN
INJUNCTION:
CASE
OF
PRELIMINARY
M4R
Certiorari Rule 65
34
acts
Directed against a
party
question
is
Provisional remedy
By way of motion
desist
from
excluding
another
from a right or
office (ministerial)
Directed against a
Judicial
or
quasi
judicial
bodies
exercising
ministerial functions
Original action
By way of petition
FE and UD
o R70- preliminary mandatory
injunction and preliminary
prohibitory injunction are
allowed
Prohibitory
Injunction
Provisional remedy
Rule 58
An order granted at
any stage of an
action
or
proceeding prior to
the
judgment
requiring a party or
a court, agency, or
a person to refrain a
particular act or
acts
Mandatory
Injunction
Provisional Remedy
Rule 58
An order requiring
the performance of
a particular act or
Prohibition
Special civil action
Rule 65
Petition in case a
person exercising J,
QJ,
Ministerial
Function
acted
without jur or with
GAD amounting to
lack or excess of
jurisdiction,
for
respondent to desist
from
further
proceedings
Mandamus
Special Civil Action
Rule 65
Requires
performance of a
ministerial act or to
35
to dispose of it according to
the judgment, or to aid
execution when execution
has
been
returned
unsatisfied
or
when
judgment obligor refuses to
apply
his
property
in
satisfaction of the judgment
or otherwise to carry the
judgment into effect
d. Whenever in other cases it
appears
that
the
appointment of a receiver is
the most convenient and
feasible
means
of
preserving,
administering,
or disposing of the property
in litigation
During pendency of appeal, the appellate
court may allow an application for the
appointment of a receiver to be filed in
and decided by the court of origin and the
receiver appointed to be subject to the
control of said court.
REQUIREMENTS:
1. Verified motion in a complaint /
Verified
complaint
at
commencement of action (R59 S1)
2. Bond by applicant in an amount to
be fixed by the court to pay such
person against whom application is
presented to pay such party all
damages he may sustain by reason
of the appointment of such receiver
in case the applicant shall have
procured such appointment without
sufficient cause(R59 S2)
3. Oath and Bond by receiver to
faithfully discharge of his duties in
an action or proceeding and obey
court orders
IF pending appeal,
-
By verified complaint
IF after judgment,
-
By way of motion
under the
Philippines
Corporation
Code
of
the
36
R59 S8
Whenever the court, motu proprio or on
motion of either party, shall determine
that the necessity for receiver no longer
exists, it shall, after due notice to all
interested parties and hearing,
1. settle the accounts of the receiver,
2. direct the delivery of the funds and
other property in his possession to
the person adjudged to be entitled
to receive them,
3. and order the discharge of the
receiver from further duty as such
The court shall allow the receiver such
reasonable
compensation
as
the
circumstances of the case warrant, to be
taxed as costs against the defeated party,
or apportioned, as justice requires.
cause
of
detention
thereof
according to the best of his
knowledge, information, and belief
c. That the property has not been
distrained or taken for a tax
assessment or a fine pursuant to
law, or seized under a writ of
execution
or
preliminary
attachment, or otherwise placed
under custodia legis, or if so
seized, that it is exempt from such
seizure or custody
d. The actual market value of the
property
2. Posting of bond by applicant in
double the value of the property
stated in the affidavit mentioned,
for return of the property to
adverse party if such return be
adjudged, and for payment to
adverse party of such sum as he
may recover from the applicant in
the action
Denied, REMEDY:
Counterbond
property
double
the
amount
of
Jurisdiction/Venue:
RTC or MTC (300k-400k OMM MM higher
lower)
IMMEDIATELY EXECUTORY!
REQUIREMENTS: (R60 S2)
1. Verified
Application
(by
affidavit)/complaint before service
of answer
Facts:
a. That applicant is the owner of the
property
claimed,
particularly
describing it, or is entitled to the
possession thereof
b. That the property is wrongfully
detained by adverse party, alleging
Where filed?
FAMILY COURT
Why not in MTC?
Because action for
support
is
incapable
of
pecuniary
estimation
(Exception: Criminal cases falling under
MTC jurisdiction?)
When available?
-
support
for
37
Nullity of marriage
Annulment of marriage
Legal separation
Custody of minors in relation to
habeas corpus
Criminal cases:
o Rape
o RA9262
S4- Order
The court shall determine provisionally
S1- Application
At
-
S2- Comment
A copy of the application
supporting documents
-
and
all
S3- Hearing
1. After the comment is filed, or
2. after the expiration of the period
for its filing,
a. the application shall be set
for hearing not more than 3
days thereafter
38
offending party,
her parents,
grandparents,
or guardian
and the state in the corresponding
criminal case during its pendency,
o in accordance with the
procedure established in
this Rule.
S7- Restitution
When the judgment or final order of the
court finds that the person who has been
providing support pendente lite is not
liable therefor,
-
DENIED,
-
SCA initiated by
petition
- declaratory
relief (62)
- review
of
adjudication
of comelec,
coa (64)
- c, m, p (65)
- qw (66)
- contempt
(71)
1. Interpleader (62)
2. Declaratory Relief and other similar
remediesv (63)
3. Review of judgments, final orders,
resolutions of CoA, COMELEC (64)
4. Certiorari, Prohibition, Mandamus
(65)
5. Quo Warranto (66)
6. Expropriation (67)
7. Foreclosure
of
Real
Estate
Mortgage (68)
8. Partition (69)
9. Forcible Entry/Unlawful Detainer
(70)
10. Contempt (71)
Governed by Special Rules, Rules on
ordinary civil actions apply in a suppletory
manner (OR is it the other way? R1 states
governed by rules on ordinary civil
actions,
subject
to
specific
rules
prescribed in a special civil action)
Examples:
39
VENUE
Real- R4 S1
MOTION TO DISMISS
Personal- R4 S2
DEMURRER TO EVIDENCE
PARTS OF A PLEADING
S2- Order
Whenever
-
At any time
Intervention
Rule 19
With leave of court
Ancillary to main
action
If
for
plaintiffcomplaint
in
intervention
If for defendantanswer
in
intervention
Before judgment
JURISDICTION:
RTC or MTC 20-50 real 300-400 personal
higher lower
VENUE:
S3- Summons
Summons shall be served upon the
conflicting claimants, together with a copy
of the complaint and order.
Interpleader
Rule 61
Without leave of
court
Original / Special
Civil action
Filed by complaint
for interpleader
40
S6- Determination
After the pleadings of the conflicting
claimants have been filed, and pre trial
has been conducted in accordance with
these Rules,
-
the
court
shall
proceed
to
determine their respective rights
and adjudicate their several claims.
another proceeding
contract
to,
annulment
of
or
consolidate ownership
hence,
if
not,
then
not
RTCincapable
estimation
of
pecuniary
Queting of title:
In case of adverse Resolution,
Consolidation of ownership:
DECLARATORY RELIEF AND OTHER
SIMILAR REMEDIES (R63)
Interpretation/Construction of:
deed,
will,
contract, or
other written instrument, or
statute,
executive order,
regulation,
ordinance, or
any other governmental
regulation
OTHER
SIMILAR
CONTEMPLATED
which
provisions of this Rule:
-
RTCincapable
estimation
of
pecuniary
of
pecuniary
Reformation of contracts:
o
o
o
o
REMEDIES
applies
the
reformation of an instrument
RTCincapable
estimation
petition
for
Requirements:
S2- Parties
All persons who have or claim any interest
which would
be affected by the
declaration shall be made parties, and
-
41
statute,
EO, or
regulation, or
any other governmental regulation,
o The Sol Gen shall be notified
by the party assailing the
same and
shall be entitled to
be heard upon such
question
S1- Scope
Final orders or judgments of COA and
COMELEC
APPEAL R41
o (R40 to RTC if Quieting in
MTC)
S2- Mode
SC- petition for certiorari under Rule 65
S3- Time
Within 30 days from notice of judgment
IF M4r denied, filed within remaining
period and not less than any event
reckoned from notice of the denial
NO FRESH PERIOD RULE, only in 40 41 42
43 45
S5- Form/Contents
1. Verified petition, 18 copies, with
certified true copy of judgment
2. Respondent is Comelec or CoA,
person interested in sustaining
3. Finding of fact supported by
substantial evidence, final and non
reviewable
4. State
specific
material
dates
showing it was filed on time
5. Accompanied by sworn certification
against forum shopping
6. Proof of service of its copy on
commission and adverse party, and
of payment of docket and other
lawful fees
42
of
award,
judgment,
resolution
With the CA
of judgment or final
order sought to be
reviewed
With the SC
CERTIORARI, PROHIBITION,
MANDAMUS (Rule 65)
final
18 copies
No other pleading may be filed
unless required or allowed by court
Constitutional Basis:
A8 S1 P2
Judicial Power includes the duty of the
courts of justice to settle actual
controversies involving rights which are
legally demandable and enforceable, and
to determine whether or not there is grave
abuse of discretion amounting to lack or
excess of jurisdiction on the part of any
branch
or
instrumentality
of
the
government.
A8 S5 P2
Rule 65
Applies to orders of
judicial,
quasi
judicial
court
or
tribunals
60 days from denial
of
motion
for
reconsideration (AM
7-7-12-SC)
Motion
for
reconsideration
is
required
Petition filed before
RTC, CA, SC
Rule 43
Appeal/Petition for
review of decisions
of Quasi Judicial
Bodies
15 days from notice
Rule 64
Applies
to
judgments,
final
orders, resolutions
of
CoA
and
COMELEC
30 days from notice
of judgment or final
order or resolution
sought
to
be
reviewed
NOT
Petition filed before
SC
Rule 64
Petition for review
of judgments and
final
orders
or
resolutions
of
COMELEC and CoA
30 days from notice
Review
Revise
Reverse
Modify
Affirm
o On appeal or certiorari, as
the law or the Rules of Court
may provide, final
judgments and orders of
lower courts in:
43
QUALIFICATIONS in ALL 3:
What is the MATERIAL DATES RULE?
As far as Rule 65 is concerned, the
following material dates must be stated in
the verified petition or else, the petition
would be denied:
1. Notice of the order or judgment
2. Date of the filing of the motion for
reconsideration
3. Date of the denial of the motion for
reconsideration
Certiorari
-
Prohibition
-
Mandamus
-
Certiorari
discretionary
Mandamus
Ministerial
Prohibition
Discretionary
and ministerial
To annul order
To
order To
restrain
performance
performance
60 days from receipt of final judgment or order or
from denial of motion for reconsideration
Against entity Against entity Against
entity
or
person or
person or
person
exercising j or exercising
exercising j, ej,
ej function
ministerial
ministerial
function
function
Without or GAD
Unlawful
Without or GAD
neglect
of
ministerial duty
or
excluded
another from a
right or office
Correct
errors Performance of To restrain or
of jurisdiction
act or desist prevent
from excluding usurpation
of
another from a jurisdiction
right or office
Errors of
Jurisdiction
Court acted with
GAD amounting to
lack or excess of
jurisdiction
Action of the court
Correctible
by
certiorari
Rule 65
Errors of
Judgment
Misapprehension of
law or facts by the
court
Valid proceeding
Correctible
by
appeal
Rules 40-43, 45
44
REQUIREMENTS:
1. verified petition in 7 legible copies
2. it should be filed not later than 60
days from notice of judgment,
order or resolution sought to be
assailed or from denial of M4R
3. contain full names and addresses
of petitioners and respondents,
concise statement of matters
involved, factual background of the
case, grounds relied upon for the
relief prayed for
4. accompanied by clearly legible
duplicate originals or certified true
copies of award, judgment, order,
resolution, ruling subject
5. certification
shopping
against
forum
65 vs 45 (simplified)
Rule 65
60 days
Motion
reconsideration
for
Rule 45
15 Days
Not
45
required
Questions
of
jurisdiction
SC, CA, RTC
Special civil action
preparation to file
certiorari
Questions of law
SC
Mode
appeal/petition
review
of
for
including
interlocutory orders
of
de
facto
Rule 66 S1
An action for usurpation of a public office,
position, or franchise may be commenced
by a verified petition brought in the name
of the Republic of the Philippines against:
a. a person who usurps, intrudes into,
or unlawfully holds or exercises a
public office, position, or franchise
b. a public officer who does or suffers
an act which by provision of law
constitutes a ground for the
forfeiture of his office
c. an association which acts as a
corporation within the Phils without
being
legally incorporated
or
without lawful authority to act
*Sol Gen commences action (S2, S3)
Period: (S11)
Within 1 YEAR
M4R based on
Rule 37
Of final judgment or
final
order,
not
after
entry
of
judgment
establishing petitioners right to the
office in question
in short...
46
RTC, CA, SC
Quo Warranto
Election Code
Election Code
COMELEC, RTC. MTC
Omnibus
Election
Code
Not
Can be filed with
MTC
Contest
right
of
elected
public
officer
to
hold
public office
Ineligibility
or
disqualification
of
person elected to
hold the office
Within 10 days after
proclamation
of
candidate
Filed by any voter
Quo Warranto
Rule 66
Rules of Court
RTC, CA, SC
Basis: A8 Consti,
R66
Subject to BP129
Cannot be filed with
MTC
Show title to public
office or exercise
public franchise
Usurpation,
forfeiture,
association
illegal
Remedy
of
person
after
expropriation, no payment made:
-
Foreclosure of Mortgage
-
Constitutional Basis:
A3 S9
Rule 68 S1
Contents of action:
1. date
and
mortgage
due
execution
of
47
2. assignments, if any
3. names
and
residences
mortgagor and mortgagee
of
claimed
to
be
unpaid
Right of
Redemption
Exists
in
EJ
foreclosure
By
mortgagee
within 1 year from
registration of the
sale in the Office of
the
Registry
of
Deeds
Equity of
Redemption
Exists
in
J
foreclosure
By
mortgagor
during not less than
90 days nor more
than 120 days from
entry of judgment
or foreclosure or
even
after
foreclosure sale but
before
judicial
confirmation of the
same
Nature of Action:
-
QUASI IN REM
Service of summons by publication
Jurisdiciton/Venue:
PARTITION (Rule 69)
Classes of partition:
1. Voluntary- division of property by
the act of the parties themselves
2. Compulsory- partition by judicial
proceedings at the instance of one
or more of the co tenants without
regard to the wishes of the other co
tenants
Kinds of Partition
1. Total- all the things are divided
among the participants
2. Partial- when some of the things
are divided, the rest remaining in
community ownership
3. Provisional- when it is temporary
or conditional, until a final or
definite division is made
48
1. Accion
interdictalsummary
action for recovery of physical
possession of the property where
dispossession has lasted for more
than 1 year; FE or UD
2. Accion publiciana- plenary action
for recovery of real right of
POSSESSION
3. Accion reivindicatoria- action for
recovery of OWNERSHIP
Ejectment- form of action by which
possessory
titles
to
corporeal
hereditariments
may be tried and
possession obtained which lies to regain
possession of real property, with damages
for illegal detention
2 kinds: FE and UD
Forcible Entry
Person in physical
possession of land
was deprived of
possession through
FISTS
Unlawful ab initio
Not require demand
to vacate
Prove
prior
possession
until
deprived
1 y from date of
actual entry on land
Unlawful Detainer
Withholding by a
person
of
possession of land
or building
Legal but becomes
illegal
Pay AND vacate;
jurisdictional
No need to prove
prior
physical
possession
1 year from date of
last demand
Jurisdiction/Venue:
MTC of the place where property or portion
thereof is situated (R4 S1)
Proceedings SUMMARY IN NATURE! (Rules
on Summary Procedure)
49
Complaints
Compulsory counterclaims
Cross claims pleaded in the answer
Answers thereto
VERIFIED!
S5- Answer
Within 10 days from service of summons,
the defendant shall file his answer to the
complaint and serve a copy thereof on the
plaintiff.
Affirmative and negative
defenses not pleaded therein shall be
deemed waived, except for lack of
jurisdiction over the subject matter. Cross
claims and compulsory counterclaims not
asserted in the answer shall be considered
barred. The answer to counterclaims or
cross claims shall be filed and served
within 10 days from service of the answer
in which they are pleaded.
Within 10 DAYS
summons
o Rule 70
o Summ Pro
from
service
of
50
f.
Memoranda
i.
j.
Reply
Interventions
S20- Affidavits
The affidavits required to be submitted
under this Rule shall state only facts of
direct personal knowledge of the affiants
which are admissible in evidence, and
shall show their competence to testify to
the matters stated therein.
A violation of this
subject the party or
submits the same to
and shall be cause
inadmissible affidavit
from the record.
requirement may
the counsel who
disciplinary action,
to expunge the
or portion thereof
S21- Appeal
The judgment or final order shall be
appealable to the appropriate RTC which
shall decide the same in accordance with
S22 of BP129. The decision of the RTC in
civil cases governed by this Rule including
forcible entry and unlawful detainer, shall
be
immediately
executor,
without
prejudice to a further appeal that may be
taken therefrom. S10 of Rule 70 shall be
deemed repealed.
51
2 classifications of contempt:
1. Direct Contempt (R71 S1)
2. Indirect Contempt (R71 S2)
DISCUSSION:
1. DIRECT CONTEMPT (S1)
Acts covered:
-
Misbehaviour in presence of or so
near the court as to obstruct or
interrupt proceedings before the
same
Offensive personalities
people in court
R70 S20
Upon motion of plaintiff, within 10 days
from perfection of appeal to the RTC, the
latter may issue a writ of preliminary
mandatory injunction to restore plaintiff in
possession if the court is satisfied that
-
A remedy
towards
Punishment:
(RTC/of equivalent or higher rank)
F: not exceeding 2k OR
I: not exceeding 10 days, OR BOTH
(lower court)
CONTEMPT (Rule 71)
Contempt
Contempt of Court
-
Actions covered:
a. Misbehaviour of an officer of
a court in the performance
52
b. Disobedience
of
or
resistance to a lawful writ,
process, order, judgment of
a court, including act of
person who, after being
dispossessed or ejected
from any real property
by
the
judgment
or
process of any court of
competent
jurisdiction,
enters or attempts or
induces another to enter
into or upon such real
property, for the purpose
of executing acts of
ownership or possession,
or
in
any
manner
disturbs
possession
given to the person
adjudged to be entitled
thereof
Direct Contempt
In presence of a
judge, motu proprio
or upon motion
Cant initiate
In presence or so
near judge
Rem: certiorari
remedy
Indirect Contempt
Initiate
Not in presence of
judge, disobey court
order
Rem: appeal
Original action
Rule 13
Section 14
In an action affecting the title or the right
of possession of real property, the plaintiff
and the defendant, when affirmative relief
is claimed in his answer, may record in the
office of the registry of deeds of the
province in which the property is situated
a notice of the pendency of the action
e. Assuming to be an attorney
or officer of the court and
acting as such without
authority
f.
a purchaser,
or encumbrancer
of the property affected thereby,
be deemed to have constructive notice of
the pendency of the action, and
only its pendency against the parties
designated by their real names
53
How is it done?
The notice of the lis pendens hereinabove
mentioned
may be cancelled
Personal Service
R13 S6
Service of papers may be made
(PAMNOJDORS)
Pleading subsequent to the
complaint
Appearance
Written Motion
Notice
Order
Judgment
Demand
Offer of judgment
Resolution
Similar papers
54
R13 S11
Whenever practicable, the service and
filing of pleadings and other papers shall
be done personally.
Except with respect to papers emanating
from the court, a resort to other modes
must be accompanied by a written
explanation why the service or filing was
not done personally.
A violation of this rule may be cause to
consider the paper as not filed.
55
docket and
other lawful fees, and
of transcript of stenographic notes
SERVICE OF SUMMONS
Branch Clerk of
Court
Office
Person
Receives complaint
and payment of the
docket fees
Serves summons
upon the defending
party
2 kinds of summons:
1. Original Summons- issued by the
branch clerk of court to the
defendants upon the filing of the
complaint and the payment of the
requisite docket fees
2. Alias Summons- issued by the
branch clerk of court upon motion
of the plaintiff in case the
summons are lost, destroyed,
improperly served, or there is
defect in the manner or form of
service
Summons
Subpoena
a writ or a process
issued to a
defending party by
the clerk of court,
delivered by a
sheriff, his deputy,
or proper court
office, or any
suitable person
authorized by the
court issuing the
summons, with the
purpose of
obtaining
jurisdiction over the
person of the
(R21 S1)
A process directed
to a person
requiring him to
attend and to testify
at the hearing or
trial of an action, or
at any investigation
conducted by
competent authority
or for the taking of
his deposition.
(Subpoena ad
testificandum)
56
defendant and
giving him notice
that an action has
been commenced
against him
A process directed
to a person
requiring him to
bring with him any
books, documents,
or other things
under his control
(Subpoena duces
tecum)
Purpose is to obtain
jurisdiction over
person of
defendant, and to
give notice to
defendant that an
action has been
commenced against
him, ordering
defendant to
answer the
complaint within
the time fixed by
these Rules, and
unless defendant
answers, plaintiff
will take judgment
by default and may
be granted the
relief applied for
(R14 S2)
Served on the
defendant
May be served to a
non-party
Needs tender of
kilometrage,
attendance fee, and
reasonable cost of
production fee
IN PERSONAM
Service in person
Substituted service
IN REM
Service in person
Substituted Service
Publication
Extraterritorial Service
QUASI IN REM
Service in person
Substituted service
Publication
Original or alias
Ad testificandum or
duces tecum
During trial or
investigation
Tendering summons to
defendant (R14 S6)
In case defendant refuses to receive or
sign for it, by tendering it to him, done
through:
1. Leaving copy of the summons to
the defendant who refuses to
receive it
2. The officer serving the summons
shall make an affidavit addressed
to the court stating that the time,
place, manner of service of
summons, and that despite efforts
to try and serve the summons in
person on defendant, the same
refused to receive it, as well as the
manner of non-receipt
Substituted Service of
Summons on defendant (R14
S7)
57
Requisites;
Impossibility of the personal
service of summons within a
reasonable time
The efforts exerted to locate the
person to be served
Service by publication in a
newspaper of general
circulation
R14 S15
Service by leave of court by publication in
a newspaper of general circulation in such
place 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.
58
Substituted
Service
Extraterritorial
Service
Requisites;
Arises in case
defendant is non
resident, in abroad,
action in rem, by
way of personal
service outside of
Phils, by publication
in a newspaper of
general circulation,
or in any other
manner the court
may deem sufficient
Impossibility of the
personal service of
summons within a
reasonable time
The efforts exerted
to locate the person
to be served
To whom served /
how?
By leaving copies of
the summons at:
Defendants
residence with
some person of
suitable age and
discretion then
residing therein or
By leaving the
copies at
defendants office
or regular place of
business with some
competent person
in charge thereof
Through process
server or upon
motion- by service
of summons by
substituted service
R14 S14
In any action where the defendant is
designated as an unknown order, or the
like, or whenever his whereabouts are
unknown and cannot be ascertained by
diligent inquiry, service may, by leave of
court, be effected upon him by
publication in a newspaper of general
circulation and in such places and for
such time as the court may order.
-
1. Ordinary defendant
59
R14 S9
R14 S13
R14 S14
In any action where the defendant is
designated as an unknown order, or the
like, or whenever his whereabouts are
unknown and cannot be ascertained by
diligent inquiry, service may, by leave of
court, be effected upon him by
publication in a newspaper of general
circulation and in such places and for
such time as the court may order.
R14 S11
When the defendant is a corporation,
partnership, or association organized
under the laws of the Philippines without a
juridical personality, service may be made
on the President, Managing Partner,
General Manager, Corporate
Secretary, Treasurer, or In House
Counsel
Extraterritorial Service
R14 S15
When the defendant does not reside and
is not found in the Philippines, and the
action affects the personal status of
plaintiff or relates to, or the subject of
60
61
ONE-AT-A-TIME,
A. MOTION TO DISMISS (Rule 16)
Motion to dismiss
A motion to dismiss in an
application for relief filed by an
original defendant, a defendant in
a permissive counterclaim, cross
claim, 3rd 4th etc party complaint,
complaint in intervention, filed
within the time for but before filing
the answer to the complaint or
pleading asserting a claim
After service of summons, before
filing of a responsive pleading
NOTE: Motion to dismiss is not a pleading!
It is not a responsive pleading! Hence, if
there is motion to dismiss, the complaint
may still be amended as a matter of right
even if there is a motion to dismiss!
62
GRANTED:
Refile
Move for alias summons
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
NOTE:
Subject matter (BP129- conferred
by law)
Exclusive original jurisdiction of
courts, if not within, then M2D is
proper
GRANTED:
-
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
GRANTED:
Refile
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
63
GRANTED:
Appeal
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
Aka PRESCRIPTION
GRANTED:
Appeal
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
f.
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
64
i.
j.
GRANTED:
General Rule: refile plus comply
with condition precedent, EXCEPT:
In case of wilful and deliberate
forum shopping, which operates as
dismissal with prejudice, hence,
In the latter case, Appeal
In case of non exhaustion of
administrative remedies,
Exhaust then refile
DENIED:
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
not less than 5 days in any event,
computed from receipt of notice of denial.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted
with grave abuse of discretion amounting
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
65
66
Motion to dismiss
Motion to declare defendant in
default
Motion for summary judgment
Motion for judgment on the
pleadings
Motion for new trial
Motion for reconsideration
LITIGATED
MOTION
Comply with
requisites for
written motion
NON LITIGATED
MOTION
No need to comply
with all the
requirements, but
with need to hear
on the motion
What is a motion?
R15 S1
A motion is an application for relief other
than by a pleading
67
Purpose is to
prepare responsive
pleading
Purpose is to enable
properly to plead
and prepare for trial
OF the 10 grounds,
Motion to dismiss after a
responsive pleading,
PWEDE, raise as affirmative defense, then
set the motion to dismiss for hearing
Rule 12
R116 S9
Address alleged
defects in the
criminal complaint
or information
68
To correct alterations in a
PLEADING (not in a motion)
R12 S4
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
order as it deems just.
(File a motion to strike out the pleading)
Kinds of amendments:
1. Amendment as a matter of
right: (R10 S2)
A party may amend his pleading once as a
matter of right at any time before a
responsive pleading is served or in the
case of a reply, at any time within 10 days
after it is served.
-
Amendment is substantial
A responsive pleading had already
been served
69
4. Amendments to conform or to
authorize presentation of
evidence (R10 S5)
When issues not raised in the pleadings
are tried with the express or implied
consent of parties, they shall be treated as
if raised in the pleadings, pleadings may
be amended to conform to the evidence,
and failure to amend does not affect the
result of the trial of these issues
-
Relate to Rule 2
-
Relate to Rule 3
-
70
amended complaint
if no new answer is
filed (R11 S3)
Supersedes original
pleading
Supplements
original pleading
With or without
leave of court
Relate to Rule 16
Amended
Pleading
Supplemental
Pleading
Refers to facts
existing at the time
of the
commencement of
the action
Refers to facts
arising after the
filing of the original
pleading
Can be made as
matter of right
when no responsive
pleading has yet
been filed
When amended
pleading is filed, a
new copy of the
entire pleading
must be filed
A substantial
pleading does not
require the filing of
a new copy of the
entire pleading
Amendment as a
matter of right is to
be answered before
the filing of the
responsive
pleading, (within 15
days after being
served with a copy
thereof)(R11 S3)
A supplemental
pleading may be
answered within 10
days from notice of
the order admitting
the same, unless a
different period is
fixed by the court.
The answer to the
complaint shall
serve as answer to
the supplemental
complaint if no new
or supplemental
answer is filed (R11
S7)
Amendment by
leave of court is to
be answered within
10 days from notice
of the order
admitting the same.
An answer earlier
filed may serve as
the answer to the
As a matter of right
As a matter of discretion
o NO PROHIBITION under the
Rules on Summary
Procedure
71
DENIED:
-
plead
o there is issue, but there is
no genuine issue
ORDER OF DEFAULT /
JUDGMENT BY DEFAULT (Rule 9)
Order of Default
NO (Prohibited pleading)
EXCEPT:
1. lack of jurisdiction over the person
of the defending party
2. lack of jurisdiction over the person
of the defendant
3. failure to comply with the Barangay
Conciliation Proceedings
EXCEPTION TO EXCEPTION:
Small Claims Cases- motion to dismiss
absolutely hindi pwede
Judgment by
Default
Decision or
judgment by the
court after order of
default and
presentation of
evidence ex parte
by plaintiff
ORDER OF DEFAULT
Rule 9 S3 provides that a defending party
who fails to file an answer to an initiatory
pleading within the time allowed therefor
may be declared in default.
GRANTED:
-
remedy is APPEAL
72
Order of default
DENIED,
Motion for reconsideration
DENIED,
REMEDY:
DENIED,
CA M4R Rule 52
DENIED,
SC R45 Petition for Review on Certiorari
apply Neypes, Hierarchy of courts
DENIED,
S4 R65
Interlocutory
o NOT Rule 37 as basis
(because Rule 37 applies
only to Final orders)
SC M4R Rule 52
Denied,
CERTIORARI RULE 65 with TRO or
injunction
-
MTC
(all special civil actions, original actions in
exercise of original jurisdiction, final
judgment)
Lose standing
Not to participate at the trial but
shall be entitled to notices
Entitled to 2 copies of decision,
resolution, substantially amended
pleadings
R9 S3 in relation to Rule 10
-
73
R9 in relation to R11
R9 in relation to Modes of Discovery
-
R29
o
Summary Proceedings
Motion to declare defendant in
default is a PROHIBITED PLEADING
As plaintiff in such a case, file MOTION TO
RENDER JUDGMENT
As defendant, dont file motion to admit
answer
-
Summary Procedure
Given 10 days to answer from
receipt of service of summons
JUDGMENT BY DEFAULT
Nature: Final Judgment
Denied. Remedy?
File a petition for review on certiorari
before the SC raising only questions of law
which must be distinctly set forth, within
15 days from notice of the denial of
petitioners motion for reconsideration
filed in due time after notice of the
judgment.
Basis: R45 S2 and R45 S1-- CA
judgment, final order, or resolution
can be elevated to the SC raising
only questions of law
74
Reply
Denied. Remedy?
Basis: R52 S1
FILING OF ANSWER
Compulsory counterclaim
Answer to the permissive
counterclaim
Answer to cross claim
Answer to 3rd 4th etc party
complaint
Answer to complaint in intervention
75
R14 S15
In case of summons by publication,
answer shall be filed within the time
specified in the order granting leave to
serve summons by publication which shall
not be less than 60 days after notice,
within which the defendant must
answer.
In case of a non resident defendant in
whom extraterritorial service of summons
is made, the period to answer should be
at least 60 days.
2. Compulsory counterclaim
(note above periods?)
6. Answer to complaint in
intervention
R19 S4
The answer to the complaint in
intervention shall be filed within 15 days
from notice of the order admitting
the same, unless a different period is
fixed by the court
7. Reply
R11 S6
A reply may be filed within 10 days from
service of the pleading responded to
3. Answer to permissive
counterclaim
R11 S4
A permissive counterclaim must be
answered within 10 days from service
76
R11 S7
A supplemental complaint may be
answered within 10 days of the order
admitting the same, unless a different
period is fixed by the court. The answer to
the complaint shall serve as answer to the
supplemental complaint if no new or
supplemental answer is filed.
Counterclaim
Any claim which a
defending party
may have against
the opposing party
11. Rejoinder
Cross Claim
Any claim by one
party against a co
party arising out of
the transaction or
occurrence that is
the subject matter
either of the original
action or of a
counterclaim
therein
(?)
Compulsory
Counterclaim
Permissive
Counterclaim
Arises out of or is
necessarily
connected with the
transaction or
occurrence that is
the subject matter
of the opposing
partys claim
17-18.
Need not be
answered, not result
in default
Must be answered
or else defendant
can be declared in
default
Not an initiatory
pleading
Initiatory pleading
R11 S4 (?)
77
1. Negative defense
R6 S5
Negative defense is the specific denial of
the material fact or facts alleged in the
pleading of the claimant essential to his
cause or causes of action.
2. Affirmative defense
Kinds of Denials:
R6 S5
An affirmative defense is an allegation of
new matter which, while hypothetically
admitting the material allegations in the
pleading of the claimant, would
nevertheless prevent or bar recovery by
him. The affirmative defenses include:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Fraud
Statute of limitations
Release
Payment
Illegality
Statute of frauds
Estoppel
Former recovery
Discharge in bankruptcy
Any other matter by way of
confession and avoidance
3. Disavowal of knowledge
-
By an allegation of lack of
knowledge or information sufficient
to form a belief as to the truth or
78
Production or inspection of
documents or things under (Rule
27)
Physical and mental examination of
persons under (Rule 28)
2. Usury in a complaint
3. Summary procedure
4. Answer with permissive
counterclaim
MODES OF DISCOVERY
Rules 23-28
-
Objective is to perpetuate
testimony of a witness for future
use
o Taken conditionally, to be
used at the trial only in case
deponent is not available
Do not prove existence of any right
and the testimony perpetuated is
not in itself conclusive proof, either
of the existence of any right nor
even of the facts to which they
relate, as it can be controverted at
the trial in the same manner as
79
though no perpetuation of
testimony was ever had
BUT, in the absence of any
objection to its taking, and even if
the deponent did not testify at the
hearing, the perpetuated testimony
constitutes prima facie proof of
facts referred to in the deposition
5. Production or inspection of
documents or things under
Rule 27
-
Use of depositions:
1. Impeach adverse partys witness
(relate to evidence)
2. Residing 100 km away, sick or
infirm
R23 R24- Relate to R134 (Deposition)
Interrogatories/Admission by adverse
party
1. File answer or comment, or else,
the facts are deemed admitted, no
issue, hence, judgment on the
pleadings
Production/Inspection of documents or
things
For photographing, copying,
inspecting
Production or
Subpoena
80
Inspection of
Documents or
Things
MOTION TO DISMISS BY
PLAINTIFF (Rule 17)
Mode of discovery
Process
By motion
By request
Production or
Inspection of
Documents or
Things
Original of
Evidence in
Custody of
Adverse Party
Mode of discovery
Exception to the
best evidence rule
By motion
By notice
If there is no
original document,
because such is in
the presence of
adverse party, the
requesting party
can ask for
production of the
original by way of
notice
Without prior
knowledge as to
contents
With prior
knowledge of
contents of the
document, because
the requesting party
has the secondary
evidence
Physical and
Mental
examination of
persons
Governed by Rule
101
Governed by Rule
28
Special proceeding
Mode of discovery
File a petition
File a motion
Filed by Regional
Director of DOH
81
second action
Another:
JUDGMENT ON THE PLEADINGS
(Rule 34)
S1
Where the answer
-
nullity or
annulment of marriage or
for legal separation,
82
VIII.
Allegations not deemed admitted by filing
of judgment on the pleadings:
-
irrelevant allegations
immaterial allegations
allegations of damages in the
complaint
IX.
Judgment on the
Pleadings
Summary
Judgment
Filed by plaintiff
Filed by defendant
Based on pleadings,
depositions,
admissions,
affidavits
Answer fails to
tender an issue or
there is an
admission of
material allegations
No genuine issue
between the parties
On the merits
Interlocutory or on
the merits
There is answer
filed
If filed by plaintiff,
filed at any time
before answer is
served
Rule 18 S1 COMPLETE:
AFTER the LAST PLEADING ASSERTING
A CLAIM has been served and filed, or
AFTER the EXPIRATION OF THE TIME FOR
FILING THE LAST PLEADING ASSERTING A
CLAIM, a pre trial is to be conducted upon
motion ex parte by plaintiff that the case
be set for pre trial
Answer
If filed by
defendant, may be
filed at any time
even before answer
VII.
REJOINDER
83
By MOTION
penalties
Pre Trial in
Criminal Cases
Mandatory requirement
After arraignment,
within 30 days from
the date the court
acquires jurisdiction
over the accused
Rule 118
Rule 18
Counsel of accused
and prosecutor are
required to appear
Non appearance
may be excused
only if valid cause is
shown, or
representative shall
appear in behalf
duly authorized in
writing to enter into
amicable
settlement, submit
to ADR, enter into
stipulations of facts
and of document
Failure of counsel of
accused or
prosecutor to
appear, and without
acceptable excuse
for lack of
cooperation, court
may impose proper
sanctions or
Failure of plaintiff to
appear, dismissal of
the case with
prejudice, unless
otherwise ordered
by the court
Presence of private
offended party is
not required (as
only required to
appear at
arraignment)
Failure of defendant
to appear, plaintiff
to present evidence
ex parte
Pr trial agreement
is in writing, signed
by accused and
counsel, or else,
cannot be used
against accused
Signed by parties
and counsel (?)
Considerations in
pre trial conference:
Considerations in
pre trial:
Plea
bargaining
Stipulation
of facts
Marking of
identification
of evidence
of the
parties
Waiver of
objections to
admissibility
of evidence
Modification
of order of
trial if
accused
admits the
charge but
interposes a
lawful
defense
Such
matters as
will promote
a fair and
expeditious
trial of the
criminal and
civil aspects
of the case
Possibility of
amicable
settlement
or
submission
to
alternative
modes of
dispute
resolution
Simplificatio
n of the
issues
Necessity or
desirability
of
amendments
to the
pleadings
Possibility of
obtaining
stipulations
or
admissions
of facts and
of
documents
to avoid
unnecessary
proof
Limitation on
the number
84
of witnesses
prosecutor
Advisability
of
preliminary
conference
of issues to
commissione
r
Propriety of
rendering
judgment on
the
pleadings,
summary
judgment,
dismissing
the action
should a
valid ground
therefor be
found to
exist
Advisability
or necessity
of
suspending
the
proceedings
Such other
matters as
may aid in
the prompt
disposition of
the action
(simplified)
Pre Trial In
Criminal
After arraignment
Failure to appear by
plaintiff, dismissal
of case with
prejudice
Failure to appear by
defendant, plaintiff
to present evidence
ex parte
85
86
87
Deemed admitted
JUDGMENT ON THE
PLEADINGS
Conclusive on part of admitter, for
purposes of substantial justice
Pre Trial
-
X.
TRIAL
1. PROPONENTS / PLAINTIFFS
TESTIMONIES AND EVIDENCE IN
CHIEF as well as that of
witnesses
With respect to Rule 7 (parts of a pleading)
stating the cause of action in the body of
the pleading
Ultimate facts to be proven during the trial
of the case
ORDER:
Direct Examination
-
88
Re Direct Examination
Re establish what was destroyed
during the cross examination
Re Cross Examination
Misleading questions
Cross Examination
To refresh
memory of
the witness
Ididiscuss din
to isa isa sa
memorandum
Offer of Evidence
After termination of
presentation of
evidence of
prosecution
Facts
Evidence
Defenses
Leading
Evidence in chief
Then,
Comment or objection
-
Secondary
Not identical
Then,
Order of admission/Exclusion of
evidence
Admitted; Exh A, Exh B
Excluded: Exh C, etc
89
TENDER OF EXCLUDED
EVIDENCE
Considered by CA in appeal
If with leave of
court, accused
could present
evidence if
demurrer is denied
If without leave of
court, accused
could not present
evidence if
demurrer is denied
M2D
Rule 33
Rule 16
Before filing of
responsive pleading
10 grounds
If granted, case
dismissed
If granted, case
dismissed, remedy
depends:
If granted but on
appeal order of
dismissal is
reversed, defendant
is deemed to have
waived the right to
present evidence
With prejudiceappeal
Demurrer to
evidence in Civil
Procedure
Demurrer to
evidence in
Criminal
Procedure
Rule 33
No leave of court
required
With or without
leave of court
Judgment of
acquittal not
appealable, hence,
DJ sets in
Judgment of
dismissal is
appealable
Without prejudicerefile
Judgment of
acquittal is not
appealable; DJ sets
in
If demurrer is
granted but on
appeal, order of
dismissal is
reversed, defendant
is deemed to have
waived the right to
present evidence
If court denies
demurrer,
defendant will
present evidence
If court denies
demurrer,
90
3. REBUTTAL EVIDENCE
Purpose is to rebut defendants
evidence in chief
Order: (same as previously stated)
(simplified version)
4. SUR REBUTTAL EVIDENCE
D2E Civil
Rule 33
With or without
leave of court
If granted, but on
appeal is reversed,
defendant loses the
right to present
evidence, case
submitted for
decision
D2E Criminal
5. MEMORANDUM
Narration of facts of the case,
issues, no cause of action, no
defenses, but only contain
discussions
Without LoC- if
denied, defendant
cannot present
evidence
After trial,
XI.
Re Cross Examination
Formal offer of evidence
Comment
in writing,
personally and directly prepared by
the judge,
stating clearly and distinctly the
facts and the law on which it is
based,
must contain a dispositive part,
signed by him, and
filed with the clerk of court
Objection
Offer
CONSTITUTIONAL BASIS:
91
Kinds of Judgments:
JUDGMENT UPON A
COMPROMISE
(A2028-2046, NCC)
Judgment upon
compromise
Judgment by
confession
Provisions and
terms are settled
and agreed upon by
the parties to the
action and which is
entered by the
consent of the court
An affirmative and
voluntary act of
defendant himself.
The court exercises
a certain amount of
supervision over the
entry of judgment
CLARIFICATORY JUDGMENT
Judgment rendered to clarify an
ambiguous judgment or one
difficult to comply with
92
SEPARATE JUDGMENT
R36 S5
Judgment rendered disposing of a
claim among several others
presented in a case after a
determination of issues material to
a particular claim and all
counterclaims arising out of the
transaction or occurrence which is
the subject matter of said claim
SPECIAL JUDGMENT
R39 S11
SEVERAL JUDGMENT
JUDGMENT ON DEMURRER TO
EVIDENCE
R36 S4
Judgment rendered by the court
where in an action against several
defendants, the court renders
judgment against one or more of
them, leaving the action to proceed
against the others
R33
judgment rendered by court
dismissing case upon motion of
defendant, made after plaintiff
rested his case, on the ground that
upon the facts presented by
plaintiff and the law on the matter,
93
FINAL JUDGMENT
Judgment which disposes of the
whole subject matter or terminates
the particular proceedings or
action, leaving nothing to be done
by the court but to enforce in
execution what has been
determined
XII.
AMENDED JUDGMENT
REMEDIES BEFORE
JUDGMENT BECOMES FINAL
AND EXECUTORY:
SUPPLEMENTAL JUDGMENT
Judgment of the court which serves
to bolster or add to the original
judgment, and does not take place
nor extinguish the original
judgment
Conclusiveness of judgment
Stare Decisis
Obiter Dictum
94
MTC decisions
MTC
RTC
Notice
/
Record
on
Appeal
under
R40
Petition
for
Review
under
Rule 42
M4R
Under
Rule 52
CA
(from
RTC
decisions
in
exercise
of
appellate
jurisdicti
on)
M4R
Under
Rule 37
Petitio
n4
review
on
certior
ari
under
SC
SC
M4R
Rule
52
M4R
Under
Rule 37
Notice
or
Record
on
appeal
under
Rule
41
CA
M4R
Under
Rule 52
Petitio
n4
review
on
certior
ari
under
SC
SC
M4R
Rule
52
95
Notice/Record on Appeal
In case of Record on Appeal, appellants
Brief 45 days to file record on appeal
Rule 40
Rule 41
Rule 42
Rule
43
Rule 45
Memorand
um of
appeal
Appellan
ts Brief
Petition
for
Review
Petition
For
Review
Petition for
Review on
Certiorari
Notice or
Record on
appeal
Notice
or
record
on
appeal
Petition
for
Review
Petition
for
Review
(Appeal
?)
Petition for
Review on
Certiorari
Of MTC
decisions
Of RTC
Decision
s
original
jurisdicti
on
Of RTC
decision
s
appellat
e
jurisdicti
on
Of
quasi
judicial
bodies
Of CA,
Sandiganba
yan, CTA,
RTC
decisions
Questions
of fact law
or both
Questio
ns of
fact law
or both
Questio
ns of
fact law,
or both
Questio
ns of
fact law
or both
Questions
of law
To RTC
To CA
To CA
To CA
To SC
General Rule:
Finding of fact of CA are final and
conclusive and cannot be reviewed on
appeal to SC:
EXCEPTIONS:
1. When finding is grounded entirely
on speculations, surmise,
conjecture
96
4. Collateral Attack
Relate to appeal
o Failure to appeal due to
FAME
Execution
2. Petition
for
Annulment
judgment (Rule 47)
of
BY MOTION- 5 years
AFTER 5 years
Annulment of judgment
-
Important condition:
-
S2- Grounds
Revival of
MOTION
Judgment-
10
YEARS,
by
97
R39 S8
The writ of execution is issued in the name
of RP and shall state:
e. Name
of
court
granted the motion
f.
which
Case number
Execution as a
matter of right
Period to appeal has
already lapsed, no
appeal is perfected
Ministerial duty of
the court provided
there
are
no
supervening events
98
4. Support
5. Other judgments declared to be
immediately
executory
unless
otherwise ordered by trial court
CERTIORARI
o Interlocutory,
without
prejudice to the outcome of
appeal
Revival of judgment
S34
Carried out through
filing of a motion in
court
Assumes
that
judgment
is
executed within first
5 years
Party who files such
motion is not the
original
judgment
creditor but he is
the highest bidder
in the public auction
Filed
because
movant is deprived
of
property
purchased
S6 N/A to:
1. Judgments for support
2. Contempt orders in unauthorized
re-entry on land by ejected
defendant
3. Issuance of writs of possession and
4. Special proceedings and land
registration cases
99
Levy
-
Garnishment
-
Attachment
Refers to corporate
property
in
possession
of
judgment debtor
Garnishment
Refers to money,
stocks,
credits,
other
incorporeal
property
which
belong to judgment
debtor but is in the
possession or under
control of a third
person
100
Ordinary sale on
execution
Need
not
be
confirmed by court
Right of redemption
exists
Title is acquired
after expiration of
redemption period
when final deed of
conveyance
is
executed
Sale in judicial
foreclosure of
mortgage
Must be confirmed
by court in order to
divest rights in the
property
of
the
parties and to vest
the rights in the
purchaser
No
right
of
redemption except
when mortgagee is
a bank or a banking
institution
Title
is
acquired
upon confirmation
and registration of
the foreclosure sale
101
Conclusiveness of judgment
-
Bar by former
judgment
Identity of parties,
subject
matter,
causes of action
First
judgment
constitutes absolute
bar to all matters
directly
adjudged
and
those
that
might have been
adjudged
Has the effect of
preclusion of claims
Conclusiveness of
judgment
Identity of parties
and subject matter
First judgment is
conclusive only as
to matters directly
adjudged
and
actually litigated in
the
first
action.
Second action can
be prosecuted
Has the effect of
preclusion only to
issues
Issues
actually
and
directly
resolved in a former suit cannot
again be raised in any future case
between the same parties involving
a different cause of action
Conclusiveness of judgment
-
Provided that
jurisdiction
the
tribunal
has
102
3. Collusion
4. Fraud
5. Clear mistake of law or fact
may
be
Want of jurisdiction
Want of notice
Collusion
Fraud
103