Professional Documents
Culture Documents
The Rules of Court is applicable in ALL COURTS, EXCEPT RULE MAKING POWER OF THE SUPREME
as otherwise provided by the SC [Rule 1, Sec. 2]. COURT
It governs the procedure to be observed in CIVIL or Judicial Power includes the duty of the courts of justice to
CRIMINAL actions and SPECIAL proceedings [Rule 1, Sec. settle actual controversies involving rights, which are
3]. legally demandable and enforceable, and to determine
whether or not there has been grave abuse of discretion
It does not apply to the following cases: amounting to lack or excess of jurisdiction on the part of
1. Election cases, any branch or instrumentality of the Government (Sec. 1,
2. Land registration cases, Art. VIII, 1987 Constitution)
3. Cadastral cases
4. Naturalization cases, The power of judicial review is the SC’s power to declare a
5. Insolvency proceedings law, treaty, international or executive agreement,
6. Other cases not herein provided for presidential decree, proclamation, order, instruction,
ordinance, or regulation unconstitutional
Except by analogy or in a suppletory character
and whenever practicable and convenient [Rule Sec. 5(5), Art. VIII, of the 1987 Constitution provides that
4, Sec. 4] that the Supreme Court shall have the power to:
1. promulgate rules concerning the protection and
Prospectivity/ Retroactivity enforcement of constitutional rights, pleading,
practice, and procedure in all courts;
The Rules of Court are not penal statutes and cannot be 2. admission to the practice of law;
given retroactive effect [Bermejo v Barrios (1970)]. 3. the Integrated Bar;
4. and legal assistance to the underprivileged
Rules of procedure may be made applicable to actions
pending and undetermined at the time of their passage,
and are deemed retroactive in that sense and to that Limitations on the rule-making power of the Supreme
extent. [In the Matter to Declare in Contempt of Court Hon. Court
Simeon Datumanong (2006)].
Sec 5(5) of Art. VIII of the Constitution sets forth the
limitations to the power: Generally, the term describes an organ of the government
1. That the rules shall provide a simplified and consisting of one person or of several persons, called
inexpensive procedure for speedy disposition of upon and authorized to administer justice. It is also the
cases; place where justice is administered. [Riano citing Black’s
2. That the rules shall be uniform for courts of the and Am. Jur. and C. J. S.]
same grade; and
3. That the rules shall not diminish, increase or
modify substantive rights. Court as Distinguished from a Judge
Inferior courts – Those which, in relation to another General Rule: No court has the authority to interfere by
court, are lower in rank and subject to review and injunction with the judgment of another court of
supervision by the latter. [Regalado] coordinate jurisdiction or to pass upon or scrutinize and
much less declare as unjust a judgment of another court
Courts of record and not of record
Exception: The doctrine of judicial stability does not apply
Courts of record – Those whose proceedings are enrolled where a third party claimant is involved
and which are bound to keep a written record of all trials
and proceedings handled by them. [Regalado] One
attribute of a court of record is the strong presumption as
to the veracity of its records that cannot be collaterally
attacked except for fraud. All Philippine courts, including
inferior courts, are now courts of record. [Riano]
Judicial power includes the duty of the courts of justice: It is the power to hear and determine cases of the general
[Art 8, Sec. 1, Constitution] class to which the proceedings in question belong [Reyes
1. To settle actual controversies involving rights v. Diaz (1941)]
which are legally demandable and enforceable;
2. To determine WON there has been a grave abuse
of discretion amounting to lack or excess of Jurisdiction versus the exercise of jurisdiction
jurisdiction on the part of any government
branch/ instrumentality. Jurisdiction: the authority to hear and determine a cause
— the right to act in a case. [Arranza v. BF Homes (2000)].
All courts exercise judicial power. Only the Supreme
Court is the court created by the Constitution [Art 8, Sec. ‘Exercise of Jurisdiction.’: the exercise of this power or
1, Constitution]. The Sandiganbayan is a Constitutionally authority
mandated court, but it is created by statute. [PD 1486]
Jurisdiction is distinct from the exercise thereof.
Jurisdiction is the authority to decide a case and not the
REQUISITES FOR A VALID EXERCISE OF JURISDICTION decision rendered therein. When there is jurisdiction over
1. Court must have jurisdiction over the persons of the subject matter, the decision on all other questions
the parties arising in the case is but an exercise of jurisdiction.
2. It must have jurisdiction over the subject matter [Herrera v. Baretto et al (1913)]
of the controversy
3. It must have jurisdiction over the res
4. It must have jurisdiction over the issues Error of Jurisdiction as distinguished from Error of
Judgment
NOTE: In an action in personam, jurisdiction over the How conferred and determined:
person is necessary for the court to validly try and decide 1. Jurisdiction being a matter of substantive law, the
the case, while in a proceeding in rem or quasi in rem, statute in force at the time of the commencement
jurisdiction over the person of the defendant is not a of the action determines the jurisdiction of the
prerequisite to confer jurisdiction on the court provided court.
the latter has jurisdiction over the res [Alba v. CA (2005)].
2. It is conferred only by the Constitution or the law.
The court, once jurisdiction has been acquired, retains
3. Jurisdiction CANNOT be: that jurisdiction until it finally disposes of the case
a. Fixed by agreement of the parties; [Bantua v. Mercader (2001)].
b. Cannot be acquired through, or waived,
enlarged or diminished by, any act or As a consequence, jurisdiction is not affected by a new
omission of the parties; law placing a proceeding under the jurisdiction of another
c. Neither can it be conferred by the tribunal, EXCEPT:
acquiescence of the court [Regalado citing De 1. Where there is an express provision in the
Jesus v Garcia (1967)]. statute
d. Cannot be subject to compromise [Civil Code, 2. The statute is clearly intended to apply to actions
Art 2035] pending before its enactment [Riano citing People
v. Cawaling (1998)].
4. Jurisdiction over the subject matter is determined
by the allegations of the complaint and the reliefs
prayed for. [Gulfo v. Ancheta (2012)] Objections to Jurisdiction over the Subject Matter
5. It is not affected by the pleas set up by the When it appears from the pleadings or evidence on record
defendant in the answer or in the answer or in a that the court has no jurisdiction over the subject matter,
motion to dismiss. [Sindico v. Diaz (2004)]. the court shall dismiss the same. (Sec. 1, Rule 9)
6. Once attached to a court, it cannot be ousted by The court may on its OWN INITIATIVE object to an
subsequent statute. erroneous jurisdiction and may ex mero motu take
a. Exception: The statute itself conferring new cognizance of lack of jurisdiction at any point in the case
jurisdiction expressly provides for and has a clearly recognized right to determine its own
retroactive effect. [Southern Food v. Salas jurisdiction [Fabian v. Desierto (1998)].
(1992)]
Earliest opportunity of a party to raise the issue of
7. The filing of the complaint or appropriate jurisdiction is in a motion to dismiss filed before the filing
initiatory pleading and the payment of the or service of an answer. Lack of jurisdiction over subject
prescribed docket fee vest a trial court with matter is a ground for a motion to dismiss. If no motion is
jurisdiction over the subject matter or the nature filed, the defense of lack of jurisdiction may be raised as
of the action [CB v. CA (1992)](2008 Bar Exam). an affirmative defense in the answer. [Riano citing Sec.
a. Exception: Non-payment of docket fee does 1(b) and 6 of Rule 16].
not automatically cause the dismissal of the
case on the ground of lack of jurisdiction as Jurisdiction over the subject matter may be raised at any
long as the fee is paid within the applicable stage of the proceedings, even for the first time on appeal.
prescriptive or reglementary period, more so When the court dismisses the complaint for lack of
when the party involved demonstrates a jurisdiction over the subject matter, it is common reason
willingness to abide by the rules prescribing that the court cannot remand the case to another court
such payment. [Go v. Tong (2003)] with the proper jurisdiction. Its only power is to dismiss
and not to make any other order.
Generally, jurisdiction over the issues is conferred and JURISDICTION OF THE MTCs IN CIVIL CASES
determined by:
1. The pleadings of the parties. The pleadings Exclusive Original Jurisdiction
present the issues to be tried and determine 1. If the amount involved does not exceed P300,000
whether or not the issues are of fact or law. outside Metro Manila or does not exceed
2. Stipulation of the parties as when in the pre-trial, P400,000 in Metro Manila in the following cases:
the parties enter into stipulations of facts and a. Actions involving personal property
documents or enter into agreement simplifying b. Probate Proceeding (testate and intestate)
the issues of the case. based on gross value of the estate
3. Waiver or failure to object to the presentation of c. Admiralty and maritime cases
evidence on a matter not raised in the pleadings. d. Demand for money
Here the parties try with their express or implied
consent or issues not raised by the pleadings. The NOTE: Do not include Interest, Damages of
issues tried shall be treated in all respects as if whatever kind, Attorney’s fees, Litigation
they had been raised in the pleadings. Expenses, and Costs (IDALEC). However, in
cases where the claim for damages is the
main cause of action, or one of the causes of
JURISDICTION OVER THE RES OR PROPERTY IN action, the amount of such claim shall be
LITIGATION considered in determining the jurisdiction of
the court.
Jurisdiction over the res refers to the court’s jurisdiction
over the thing or the property which is the subject of the 2. Actions involving title to, or possession of, real
action. property, or any interest therein where the
assessed value of the property or interest therein
Jurisdiction over the res may be acquired by the court does not exceed P20,000 outside Metro Manila or
1. By placing the property or thing under its does not exceed P50,000 in Metro Manila
custody (custodia legis)
a. The seizure of the thing under legal process 3. Inclusion and exclusion of voters
whereby it is brought into actual custody of
law 4. Those governed by the Rules on Summary
b. Example: attachment of property. Procedure
2. Through statutory authority conferring upon it a. Forcible entry and unlawful detainer (FEUD)
the power to deal with the property or thing (1) With jurisdiction to resolve issue of
within the court’s territorial jurisdiction ownership to determine ONLY issue of
a. Institution of a legal proceeding wherein the possession (provisional only)
power of the court over the thing is (2) Irrespective of the amount of damages or
recognized and made effective unpaid rentals sought to be recover
b. Example: suits involving the status of the (3) Where attorney’s fees are awarded, the
parties or suits involving the property in the same shall not exceed P20,000
Philippines of non-resident defendants. b. Other civil cases, except probate proceeding,
where the total amount of the plaintiff’s
claim does not exceed P200,000 in MM,
exclusive of interests and costs.
Special Jurisdiction - SC may designate certain branches The Council is composed of the Clerk of Court as
of RTC to try exclusively criminal cases, juvenile and Chairperson and a representative of each of the
domestic relations cases, agrarian cases, urban land conflicting parties.
reform cases not falling within the jurisdiction of any
quasi-judicial body and other special cases in the interest
of justice. JURISDICTION OF THE SANDIGANBAYAN
Original Jurisdiction in all cases involving:
JURISDICTION OF THE SHARI’A COURTS 1. Violations of RA 3019 (Anti-Graft and Corrupt
Practices Act)
Exclusive Jurisdiction 2. Violations of RA 1379 (Anti-Ill-Gotten Wealth
1. All cases involving custody, guardianship, Act)
legitimacy, paternity and filiation arising under 3. Sequestration cases (E.O. Nos. 1,2,14,14-A)
the Code of Muslim Personal Laws; 4. Bribery (Chapter II, Sec. 2, Title VII, Book II, RPC)
2. All cases involving disposition, distribution and where one or more of the principal accused are
settlement of estate of deceased Muslims, occupying the following positions in the
probate of wills, issuance of letters of government, whether in permanent, acting or
administration of appointment administrators or interim capacity at the time of the commission of
executors regardless of the nature or aggregate the offense:
value of the property; a. Officials of the executive branch occupying
3. Petitions for the declaration of absence and death the positions of regional director and higher,
for the cancellation and correction of entries in otherwise classified as Grade 27 and higher,
the Muslim Registries; of the Compensation and Position
4. All actions arising from the customary contracts Classification Act of 1989 (RA 6758)
in which the parties are Muslims, if they have not b. Members of Congress and officials thereof
specified which law shall govern their relations; classified as G-27 and up under RA 6758
and c. Members of the Judiciary without prejudice
5. All petitions for mandamus, prohibition, to the provisions of the Constitution
injunction, certiorari, habeas corpus and all other d. Chairmen and Members of the Constitutional
auxiliary writs and processes in aid of its Commissions without prejudice to the
appellate jurisdiction provisions of the Constitution
e. All other national and local officials classified
Concurrent Jurisdiction as Grade 27 and higher under RA 6758
1. Petitions of Muslim for the constitution of the f. Other offenses or felonies committed by the
family home, change of name and commitment of public officials and employees mentioned in
an insane person to an asylum
Sec. 4(a) of RA 7975 as amended by RA 8249 6. Decision of the secretary of Finance on customs
in relation to their office cases elevated to him automatically for review
g. Civil and criminal cases filed pursuant to and from decisions of the Commissioner of Customs
in connection with EO Nos. 1, 2, 14-A (Sec. 4, which are adverse to the government under Sec.
RA 8249) 2315 of the Tariff and Customs Code;
7. Decisions of Secretary of Trade and Industry in
NOTE: Without the office, the crime cannot the case of non-agricultural product, commodity
be committed. or article, and the Secretary of Agriculture in the
case of agricultural product, commodity or
Appellate Jurisdiction Over final judgments, resolutions article, involving dumping duties and
or orders of the RTC whether in the exercise of their counterveiling duties under Secs. 301 and 302,
original or appellate jurisdiction over crimes and civil respectively, of the Tariff and Customs Code, and
cases falling within the original exclusive jurisdiction of safeguard measures under RA 8800, where either
the Sandiganbayan but which were committed by public party may appeal the decision to impose or not to
officers below Salary Grade 27. impose said duties.
Concurrent Original Jurisdiction with SC, CA, and RTC Exclusive Original Jurisdiction
for petitions for writs of habeas data and amparo 1. Over all criminal cases arising from violation of
the NIRC and the TCC and other laws, part of
NOTE: The requisites that the offender the offender laws, or special laws administered by the BIR or
occupies salary Grade 27 and the offense must be the BOC where the principal amount of taxes and
intimately connected with the official function must fees, exclusive of charges and penalties claimed is
concur for the SB to have jurisdiction less than P1M or where there is no specified
amount claimed (the offenses or penalties shall
be tried by the regular courts and the jurisdiction
JURISDICTION OF THE COURT OF TAX of the CTA shall be appellate);
2. In tax collection cases involving final and
APPEALS executory assessments for taxes, fees, charges
and penalties where the principal amount of
UNDER RA 9282 and RULE 5, AM 05-11-07 CTA taxes and fees, exclusive of charges and penalties
claimed is less than P1M tried by the proper MTC,
Exclusive Original or Appellate Jurisdiction to Review MeTC and RTC.
by Appeal:
1. Decisions of CIR in cases involving disputed Exclusive Appellate Jurisdiction
assessments, refunds of internal revenue taxes, 1. In criminal offenses
fees or other charges, penalties in relation a. Over appeals from the judgment, resolutions
thereto, or other matters arising under the NIRC or orders of the RTC in tax cases originally
or other laws administered by BIR; decided by them, in their respective
2. Inaction by CIR in cases involving disputed territorial jurisdiction, and
assessments, refunds of IR taxes, fees or other b. Over petitions for review of the judgments,
charges, penalties in relation thereto, or other resolutions or orders of the RTC in the
matters arising under the NIRC or other laws exercise of their appellate jurisdiction over
administered by BIR, where the NIRC or other tax cases originally decided by the MeTCs,
applicable law provides a specific period of MTCs, and MCTCs in their respective
action, in which case the inaction shall be deemed jurisdiction.
an implied denial; 2. In tax collection cases
3. Decisions, orders or resolutions of the RTCs in a. Over appeals from the judgments,
local taxes originally decided or resolved by them resolutions or orders of the RTC in tax
in the exercise of their original or appellate collection cases originally decided by them in
jurisdiction; their respective territorial jurisdiction; and
4. Decisions of the Commissioner of Customs b. Over petitions for review of the judgments,
a. in cases involving liability for customs duties, resolutions or orders of the RTC in the
fees or other charges, seizure, detention or exercise of their appellate jurisdiction over
release of property affected, fines, forfeitures tax collection cases originally decided by the
or other penalties in relation thereto, or MeTCs, MTCs and MCTCs in their respective
b. other matters arising under the Customs law jurisdiction.
or other laws, part of laws or special laws
administered by BOC;
5. Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate
JURISDICTION OF THE COURT OF APPEALS
jurisdiction over cases involving the assessment
and taxation of real property originally decided JURISDICTION OF THE COURT OF APPEALS IN CIVIL
by the provincial or city board of assessment CASES
appeals;
Exclusive Original Jurisdiction in actions for annulment Appellate Jurisdiction
of judgments of the RTC 1. By way of petition for review on certiorari
(appeal by certiorari under Rule 45) against CA,
Concurrent Original Jurisdiction Sandiganbayan, RTC on pure questions of law
1. With SC to issue writs of certiorari, prohibition and CTA in its decisions rendered en banc.
and mandamus against the RTC, CSC, CBAA, other 2. In cases involving the constitutionality or validity
quasi-judicial agencies mentioned in Rule 43, and of a law or treaty, international or executive
the NLRC (however, this should be filed first with agreement, law, presidential decree,
the CA as per St. Martin Funeral Home case), and proclamation, order, instruction, ordinance or
writ of kalikasan. regulation, legality of a tax, impost, assessment,
2. With the SC and RTC to issue writs of certiorari, toll or penalty, jurisdiction of a lower court; and
prohibition and mandamus against lower courts 3. All cases in which the jurisdiction of any court is
and bodies and writs of quo warranto, habeas in issue;
corpus, whether or not in aid of its appellate 4. All cases in which an error or question of law is
jurisdiction, and writ of continuing mandamus on involved
environmental cases. 5. The SC may resolve factual issues in certain
3. With SC, RTC and Sandiganbayan for petitions for exceptional circumstances (Josefa v. Zhandong,
writs of amparo and habeas data where the 2003)
action involves public data or government office a. The conclusion is grounded on speculations/
surmises /conjectures
Exclusive Appellate Jurisdiction b. The inference is manifestly
1. By way of ordinary appeal from the RTC and the mistaken/absurd/impossible;
Family Courts. c. There is grave abuse of discretion;
2. By way of petition for review from the RTC d. The judgment is based on a misapprehension
rendered by the RTC in the exercise of its of facts;
appellate jurisdiction. e. The findings of fact are conflicting;
3. By way of petition for review from the decisions, f. There is no citation of specific evidence on
resolutions, orders or awards of the CSC, CBAA which the factual findings are based;
and other bodies mentioned in Rule 43 and of the g. The finding of absence of facts is
Office of the Ombudsman in administrative contradicted by the presence of evidence on
disciplinary cases. record;
4. Over decisions of MTCs in cadastral or land h. The findings of the CA are contrary to those
registration cases pursuant to its delegated of the trial court;
jurisdiction; this is because decisions of MTCs in i. The CA manifestly overlooked certain
these cases are appealable in the same manner as relevant and undisputed facts that, if
decisions of RTCs. properly considered, would justify a different
conclusion;
j. The findings of the CA are beyond the issues
JURISDICTION OF THE SUPREME COURT of the case;
k. Such findings are contrary to the admissions
JURISDICTION OF THE SUPREME COURT IN CIVIL of both parties.
CASES
RIGHT OF ACTION vs. CAUSE OF ACTION (Regalado) The test of singleness of cause of action lies in the
singleness of the delict or wrong violating the rights of
one person.
Right of action
Cause of action For a single cause of action or violation of a right, the
The remedial right or right plaintiff may be entitled to several reliefs. It is the filing of
The delict or wrongful act separate complaints for these several reliefs that
to relief granted by law to a
or omission committed by constitutes splitting up of the cause of action which is
party to institute an action
the defendant in violation proscribed by Rule 2, Sec. 3 and 4. [City of Bacolod v. SM
against a person who has
of the primary rights of the Brewery (1969)]
committed a delict or
plaintiff
wrong against him
Right to sue as a Effects:
The delict or wrong 1. The filing of one or a judgment upon the merits in
consequence of the delict
Determined by the any one is available as a ground for the dismissal
Whether such acts give him averments in the pleading of the others. [Rule 2, Sec.4]
right of action determined regarding the acts 2. Filing of the 1st complaint may be pleaded in
by substantive law committed by the abatement of the 2nd complaint, on the ground of
defendant litis pendentia; or
3. A judgment upon the merits in any of the
There can be no right of action without a cause of action complaints is available as ground for dismissal of
being first established [Regalado citing Español v. The the others based on res judicata.
Chairman of PVA (1985)] 4. A Motion to Dismiss under Rule 16 (litis
pendentia or res judicata) may be filed in order
that the complaint may be dismissed.
FAILURE TO STATE CAUSE OF ACTION
Ratio: A party may not institute more than one suit for a
There is a failure to state a cause of action if the pleading single cause of action. [Rule 2, Sec. 3]
asserting the claim states no cause of action. This is a 1. To prevent repeated litigation between the same
ground for a motion to dismiss. [Rule 16, Sec.1(g)] parties in regard to the same subject or
controversy;
It is submitted that the failure to state a cause of action 2. To protect the defendant from unnecessary
does not mean that the plaintiff has “no cause of action.” It vexation. Nemo debet vexare pro una et eadem
only means that the plaintiff’s allegations are insufficient causa (No man shall be twice vexed for one and
for the court to know that the rights of the plaintiff were the same cause);
violated by the defendant. [Riano] 3. To avoid the costs and expenses incident to
numerous suits. [City of Bacolod v. SM Brewery
There is a failure to state a cause of action if allegations in (1969)]
the complaint taken together, do not completely spell out
the elements of a particular cause of action. [Riano]
JOINDER OF CAUSES OF ACTION not so severed, any adjudication rendered by the court
with respect to the same would be a nullity. [Ada v. Baylon
It is the assertion of as many causes of action as a party (2012)]
may have against another in one pleading alone. It is also
the process of uniting 2 or more demands or rights of There is no sanction against non-joinder of separate
action in one action. [Riano citing Rule 2, Sec. 5 and CJS] causes of action since a plaintiff needs only a single cause
of action to maintain an action (Regalado).
By a joinder of actions, or more properly, a joinder of
causes of action is meant the uniting of two or more In case of misjoinder of causes of action, the cause of
demands or rights of action in one action, the statement of action erroneously joined need only be separated and
more than one cause of action in a declaration [Ada v. dismissed, without affecting the action with regard to
Baylon (2012)] other causes of action (Regalado).
REQUIREMENTS FOR A PERSON TO BE A PARTY TO A Plaintiff – one having an interest in the matter of the
CIVIL ACTION: action or in obtaining the relief demanded. The term may
either refer to the claiming party, counter-claimant, cross-
For a Person to be a Party to a Civil Action: claimant, or third-party plaintiff
1. He must be a natural or juridical person or an
entity authorized by law Defendant – one claiming an interest in the controversy
2. He must have legal capacity to sue; and or the subject thereof adverse to the plaintiff. Term may
3. He must be the real party-in-interest also include:
1. An unwilling co-plaintiff or one who should be
A party must be a natural or juridical person or an entity joined as plaintiff but refuses to give his consent
authorized by law thereto (Sec. 10, Rule 3)
- Only natural and juridical persons may be parties 2. The original plaintiff becoming a defendant to the
- See Art. 44, NC original counterclaim of defendant; and
- Entities authorized by law may also be parties, 3. One necessary to a complete determination or
e.g.: settlement of the questions involved therein
a. Partnership has a juridical personality
separate and distinct from that of each of the
partners, even in case of failure to comply REAL PARTIES IN INTEREST
with the requirements in Art 1772 NCC (Art.
1768 NCC) Who is a real party-in-interest: (Rule 3, Sec. 2)
b. Labor organizations organized in accordance 1. The party who stands to be benefited/injured by
with law may file a complaint or petition in the judgment in the suit;
court in representation of its members (Art 2. The party entitled to the avails of the suit.
242 LC)
c. As to properties of the Roman Catholic Rules:
Church, the Archbishop or diocese to which 1. Every action must be prosecuted or defended in
they belong may be a party (Ponce v. Roman the name of the real party in interest. [Rule 3,
Catholic) Sec.2]
2. The party’s interest must be direct, substantial
Legal Capacity to Sue and material [Sumalo v. Litton (2006)].
3. Husband and wife shall sue and be sued jointly,
Legal capacity to sue or be sued means that the party is except as provided by law [Rule 3, Sec. 4]
free from general disability (e.g. minority or insanity) or, 4. A minor or a person alleged to be incompetent
in case of juridical entities, that it must be duly registered may sue or be sued, with the assistance of his
in accordance with law father, mother, guardian, or if he has none, a
guardian ad litem. [Rule 3, Sec. 5]
Under Sec. 4, Rule 8, legal capacity to sue must be averred 5. Minors (represented by their parents) are real
parties in interest under the principle of
Lack of legal personality to intergenerational responsibility. [Oposa v.
Lack of legal capacity to sue Factoran (1993)]
sue
The plaintiff’s general 6. If a party becomes incompetent/ incapacitated
disability to sue, such as on during the pendency of the action, the action
account of minority, The plaintiff is not the real survives and may be continued by/against the
insanity, incompetence, party in interest incompetent/ incapacitated assisted by his legal
lack of juridical personality guardian or guardian ad litem [Rule 3, Sec. 18]
or any other general
disqualifications Failure to Name Real Party in Interest
It can be used as ground for a. Effect: a motion to dismiss may be filed on the
It can be a ground for a a MTD based on the failure ground that the complaint states no cause of
MTD [Rule 16 (1) (d)] of complaint to state a action
cause of action. [Rule 16 (a) If a complaint is filed for and in behalf of a
(1) (g)] plaintiff who is not authorized to do so, the
complaint is not deemed filed
Real- Party in Interest b. Remedies:
(1) Amendment of pleadings (Alonso v. Villamor,
Interest within the meaning of the Rules of Court means 1910); or
material interest or an interest in issue to be affected by (2) Complaint may be deemed amended to
the decree or judgment of the case, as distinguished from include the real party-in-interest (Balquidra
mere curiosity about the question involved. [Ang v. Sps. v. CFI Capiz, 1977)
Ang (2012)] c. Exception: A real litigant may be held bound as a
party even if not formally impleaded provided he
had his day in court (Albert v. University
Publishing Co., 1958)
They are those with such They are those whose
INDISPENSABLE PARTIES an interest in the presence is necessary to
controversy that a final adjudicate the whole
Who: An indispensable party is a real party-in-interest decree would necessarily controversy but whose
without whom no final determination can be had of an affect their rights so that interests are so far
action. [Rule 3, Sec.7] the court cannot proceed separable that a final decree
without their presence. can be made in their
A party who has such an interest in the controversy or absence without affecting
subject matter that a final adjudication cannot be made, in them.
his absence, without injuring or affecting that interest.
[Riano] Whenever in any pleading in which a claim is asserted a
necessary party is not joined, the pleader is under
The joinder of a party becomes compulsory when the one obligation to:
involved is an indispensable party. [Riano citing Rule 3, 1. Set forth the name of the necessary party, if
Sec.7] known, and
2. State the reason why the necessary party is
A person is NOT an indispensable party if his interest in omitted. [Riano citing Rule 3, Sec. 9 par 1]
the controversy or subject matter is separable from the
interest of the other parties, so that it will not necessarily The non-inclusion of a necessary party does not prevent
be directly or injuriously affected by a decree which does the court from proceeding in the action, and the judgment
not complrete justice between them. [Riano] rendered therein shall be without prejudice to the rights
of such necessary party [Rule 3, Sec. 9 par 3]
REPRESENTATIVE AS PARTIES
INDIGENT PARTIES
Who: Those acting in fiduciary capacity, such as a
trustee/guardian/executor/administrator or a party Who: An indigent is one who has no money or property
authorized by law or ROC. (Rule 3, Sec. 3) sufficient and available for food, shelter, and basic
necessities (Rule 3, Sec. 21)
The beneficiary shall be included in the title of the case
and shall be deemed to be the real party in interest. Authority to Litigate as Indigent Party
- May be granted upon an ex parte application and
General Rule: An agent acting in his own name and for the hearing
benefit of an undisclosed principal may sue or be sued - It shall include an exemption from payment of
without joining the principal. docket and other lawful fees (e.g. fees for TSN)
Exception: If the contract involves things belonging to the NOTE: The amount of docket and other lawful
principal. [Art. 1883, CC] fees is a lien on any judgment rendered in favor
of indigent party, unless court otherwise
provides.
NECESSARY PARTIES
Adverse party may contest: Authority may be contested
Who: One who is not indispensable but ought to be joined by the adverse party at any time before judgment is
as a party if complete relief is to be accorded as to those rendered
already parties, or for a complete determination or - If the court determines after hearing that the
settlement of the claim subject of the action (Rule 3, Sec. party declared indigent has sufficient income or
8) property, the proper docket and other lawful fees
shall be assessed and collected by the clerk of
Indispensable parties v. Necessary parties court
Joinder of INDISPENSABLE PARTIES are mandatory Objections to defects in parties: Objections to defects in
parties should be made at the earliest opportunity.
Effect of Absence of Indispensable Parties: - The moment such defect becomes apparent, a
1. It is the duty of the court to stop the trial and to motion to strike the names of the parties must be
order the inclusion of such party (Cortez v. made.
Avila). Such an order is unavoidable - Objections to misjoinder cannot be raised for the
2. Absence of an indispensable party renders all first time on appeal [Lapanday Agricultural &
subsequent actuations of the court null and void, Development Corporation v. Estita (2005)]
for want of authority to act, not only as to the
present parties but even as to those present
CLASS SUIT
Permissive Joinder (Rule 3, Sec. 6) - Parties can be joined, Requisites: (Rule 3, Sec. 12)
as plaintiffs or defendants, in one single complaint or may 1. Subject matter of the controversy is one of
themselves maintain or be sued in separate suits. common/general interest to many persons;
2. The persons are so numerous that it is
Requisites of Permissive Joinder: impracticable to join them all as parties (i.e.
1. Right to relief arises out of the same transaction impracticable to bring them all before the court);
or series of transactions 3. Parties bringing the class suit are sufficiently
a. Transaction - not only a stipulation or numerous and representative of the class and can
agreement but any event resulting in wrong, fully protect the interests of all concerned;
without regard to whether the wrong has 4. The representative sues/defends for the benefit
been done by violence, neglect, or breach of of all.
contract
b. Series of transaction – transactions Any party in interest shall have the right to intervene to
connected with the same subject of the action protect his individual interest. [Rule 3, Sec. 12]
2. There is a question of law or fact common to all
the plaintiffs or defendants If a class suit is improperly brought, the action is subject
3. Such joinder is not otherwise proscribed by the to dismissal regardless of the cause of action [Rule 16, Sec
rules on jurisdiction and venue 1 (d)].
Distinguished from Joinder of Causes of Action A taxpayer's suit or a stockholder's derivative suit is in
- In joinder of causes of action, it is enough if the the nature of a class suit, although subject to the other
cause of action arises out of the same contract requisites of the corresponding governing law especially
- Unlike permissive joinder of parties, in joinder of on the issue of locus standi. [Regalado]
causes of action, there is no need for a common
question of fact or law There is no class suit in an action filed by associations of
sugar planters to recover damages in behalf of individual
sugar planters for an allegedly libelous article in an
MISJOINDER AND NON-JOINDER OF PARTIES international magazine. There is no common or general
interest in reputation of a specific individual. Each of the
A party is misjoined when he is made a party to the action sugar planters has a separate and distinct reputation in
although he should not be impleaded. the community not shared by the others. [Riano citing
Newsweek, Inc. v. Intermediate Appellate court (1986)]
A party is not joined when he is supposed to be joined but
is not impleaded in the action. (Riano) A class suit does not require a commonality of interest in
the questions involved in the suit. What is required by the
Effect: Rules is a common or general interest in the subject
1. Neither misjoinder nor non-joinder of parties is a matter of the litigation. [Riano citing Mathay v.
ground for dismissal of an action. [Rule 3, Sec. 11] Consolidated Bank &Trust Company (1974)]
a. Non-joinder of an indispensable party is not
a ground for outright dismissal. Reasonable Class Suit Permissive Joinder of Parties
opportunity must be given for his inclusion
by amendment of the complaint [Cortez v There is a single cause of There are multiple causes
Avila (1957)]. action pertaining to of action separately
b. In case of non-joinder of a necessary party, if numerous persons. belonging to several
the court should find the reason for such persons.
omission unmeritorious, it may order the
inclusion of such omitted necessary party
2. Parties may be dropped or added by order of the Class Suit Derivative Suit
court on motion of any party or on its own
An action brought by
minority shareholders in Counsel’s duty:
the name of the 1. Inform court within 30 days after such death of
corporation to redress the fact thereof;
wrongs committed against 2. Give the name and address of the legal
When the subject matter of it, for which the directors representatives.
the controversy is one of refuse to sue.
common or general NOTE: Failure to comply with this duty is a
interest to many persons, It is a remedy designed by ground for disciplinary action.
and the parties are so equity and has been the
numerous that it is principal defense of the Court’s duty: in case of death, the court if the action
impracticable to bring minority shareholders survives, shall order, upon proper notice, the legal
them all before the court, against abuses by the representative of the deceased to appear and to be
one or more may sue or majority. substituted for the deceased within a period of 30 days or
defend for the benefit of all. within such time as may be granted.
[Rule 3, Sec. 12] In a derivative action, the - If there is notice of death, court should await
real party in interest is the appointment of legal representative; otherwise,
corporation itself, not the subsequent proceedings are void. Period of filing
shareholders who actually of brief is suspended.
instituted it [Lim v. Lim Yu
(2001))
If no legal representative is named or if the one so name
shall fail to appear within the specified period, the court
SUITS AGAINST ENTITES WITHOUT JURIDICAL may order the opposing party to procure the appointment
PERSONALITY of an executor or administrator for the estate.
Requisites: (Rule 3, Sec. 15) The substitute defendant need not be summoned. The
1. There are 2 or more persons not organized as a order of substitution shall be served upon the parties
juridical entity; substituted for the court to acquire jurisdiction over the
2. They enter into a transaction; substitute party [Ferreria v Vda de Gonzales (1986)].
3. A wrong is committed against a 3rd person in the
course of such transaction.
Death or separation of a party who is a public officer
Effect: Persons associated in an entity without juridical [Rule 3, Sec. 17]
personality may be sued under the name by which they
are generally/commonly known, but they cannot sue Requisites:
under such name. [Rule 3, Sec. 15] 1. Public officer is a party to an action in his official
capacity;
The service of summons may be effected upon all the 2. During the pendency of the action, he either
defendants by serving upon any of them, or upon the dies/resigns or otherwise ceases to hold office;
person in charge of the office or place of business 3. It is satisfactorily shown to the court by any
maintained under such name. [Rule 14, Sec. 8] party, within 30 days after the successor takes
office, that there is a substantial need to
continue/maintain the action and
EFFECT OF DEATH OF PARTY LITIGANT 4. The successor adopts/continues (or threatens to
do so) his predecessor’s action
Survival or Death of Action 5. The party or officer affected was given
reasonable notice of the application therefore
The question as to whether an action survives or not and accorded an opportunity to be heard.
depends on the nature of the action and the damage sued
for
1. Causes of Action that SURVIVE the decedent Action on Contractual Money Claims [Rule 3, Sec. 20]
a. The wrong complained of affects primarily
and principally property and property rights Requisites:
b. Injuries to the person are merely incidental 1. The action must primarily be for recovery of
c. E.g. Purely personal actions like support money/debt or interest thereon;
3. Causes of Action which DO NOT SURVIVE 2. The claim arose from express/implied contract;
a. The injury complained of is to the person 3. Defendant dies before the entry of final judgment
b. Property and property rights affected are in the court in which the action was pending.
incidental 4. The defendant’s death will not result in the
c. E.g. actions to recover real and personal dismissal of the action.
property or to enforce liens thereon
The deceased shall be substituted by his legal
Substitution of Parties: For causes of action that survive representatives in the manner provided for in Rule 3, Sec.
the death of the party, there is substitution of parties
16, and the action will continue until the entry of final
judgment.
Need not be within the Must be within the Definition - INTERVENTION is a remedy by which a third
jurisdiction of the court jurisdiction of the court party, not originally impleaded in a proceeding, becomes
trying the main case trying the main case a litigant therein to enable him to protect or preserve a
Diminishes/defeats the Need not diminish/defeat right or interest which may be affected by such
recovery sought by the the recovery sought by the proceeding.
opposing party opposing party
Its purpose is "to settle in one action and by a single
Cannot exceed the amount May exceed in amount or
judgment the whole controversy (among) the persons
stated in the original be different in kind from
complaint that sought in the original involved." [First Philippine Holdings v. Sandiganbayan
(1996); Rule 19]
complaint
When Allowed - Intervention shall be allowed when a
Basis of Third-Party Complaint - Under this Rule, a person
person has:
not party to an action may be impleaded by the defendant
1. A legal interest in the matter in litigation;
either:
2. Or in the success of any of the parties;
1. On allegation of liability to the latter
3. Or an interest against the parties; and
2. On the ground of direct liability to the plaintiff; or
4. When he is so situated as to be adversely affected
3. Both (1) and (2)
by a distribution or disposition of property in the
custody of the court or of an officer thereof. [First
Situation in (1) is covered by the phrase
Philippine Holdings v. Sandiganbayan (1996)]
“contribution, indemnity or subrogation”, while
(2) and (3) are subsumed under the catch-all
Not an Independent Action - Intervention is not an
phrase (Samala v. Victor, 1989)
independent action, but is ancillary and supplemental to
an existing litigation. [First Philippine Holdings v.
Sandiganbayan (1996)]
Tests to Determine Whether the 3rd-Party Complaint is in
1. It is neither compulsory nor mandatory but only
Respect of Plaintiff’s Claim (Capayas v. CFI, 1946)
optional and permissive. [Mabayo v. CA (2002)]
1. WON it arises out of the same transaction on
2. The Court has full discretion in permitting or
which the plaintiff's claim is based, or although
disallowing intervention, which must be
arising out of another/different transaction, is
exercised judiciously and only after
connected with the plaintiff’s claim;
consideration of all the circumstances obtaining
2. WON the 3rd-party defendant would be liable to
in the case. [Mago v. CA (1999)]
the plaintiff or to the defendant for all/part of the
3. It is not an absolute right as it can be secured
plaintiff’s claim against the original defendant;
only in accordance with the terms of applicable
3. WON the 3rd-party defendant may assert any
statute or rule. [Office of Ombudsman v.
defenses which the 3rd-party plaintiff has or may
Samaniego (2010)]
have to the plaintiff’s claim.
Meaning of Legal Interest - Interest must be of a direct and
Additional Rules
immediate character so that the intervenor will either
1. Leave of court to file a 3rd-party complaint may
gain or lose by the direct legal operation of the judgment.
be obtained by motion under Rule 15.
The interest must be actual and material, a concern which
2. Summons on 3rd (4th/etc.) – party defendant
is more than mere curiosity, or academic or sentimental
must be served for the court to obtain
desire; it must not be indirect and contingent, indirect
jurisdiction over his person, since he is not an
and remote, conjectural, consequential or collateral.
original party.
[Virra Mall Tenants v. Virra Mall (2011)]
3. Where the trial court has jurisdiction over the
main case, it also has jurisdiction over the 3rd-
Requisites for Valid Intervention
party complaint, regardless of the amount
1. There must be a motion for intervention filed
involved as a 3rd-party complaint is merely
before rendition of judgment by the trial court.
2. Movant must show in his motion that he has a:
a. Legal interest in (1) the matter of litigation, usurious interest shall be deemed admitted
(2) the success of either of the parties in the [Rule 8, Sec. 8; Sun Bros. v. Caluntad]
action or (3) against both parties. c. Where the defense in the answer is based on
b. That the movant is so situated as to be an actionable document, a reply under oath
adversely affected by a distribution or other must be made; otherwise, the genuineness
disposition of property in the custody of the and due execution of the document shall be
court or an officer thereof deemed admitted. [Rule 8, Sec. 11; Toribio v.
c. That the intervention must not unduly delay Bidin]
or prejudice the adjudication of the rights of
the original parties and that the intervenor’s
rights may not be fully protected in a
separate proceeding. PLEADINGS ALLOWED IN SMALL CLAIM CASES AND
CASES COVERED BY THE RULES OF SUMMARY
How to Intervene PROCEDURE
1. With leave of court, the court shall consider the 2
factors Under the Revised Rules on Summary Procedure – The
2. Motion to intervene may be filed at any time only pleadings allowed to be filed are: (Sec. 3)
before rendition of judgment by trial court 1. Complaints
3. Copy of the pleadings-in-intervention shall be 2. Compulsory counterclaims and cross-claims
attached to the motion and served on the original pleaded in the Answer; and
parties 3. Answers thereto
Time to Intervene: (Rule 19, Sec. 2) Prohibited Pleadings, Motions, or Petitions (Sec. 19)
1. General Rule: The motion to intervene must be 1. Motion to dismiss the complaint or to quash the
filed at any time before the rendition of judgment complaint or information except on the ground of
by the trial court lack of jurisdiction over the subject matter, or
2. Exceptions: failure to comply with required barangay
a. With respect to indispensable parties, conciliation proceedings;
intervention may be allowed even on appeal 2. Motion for a bill of particulars;
(Falcasantos v. Falcasantos) 3. Motion for new trial, or for reconsideration of a
b. When the intervenor is the Republic (Lim v. judgment, or for opening of trial;
Pacquing) 4. Petition for relief from judgment;
c. Intervention may be allowed after judgment 5. Motion for extension of time to file pleadings,
where necessary to protect some interest affidavits or any other paper;
which cannot otherwise be protected, and for 6. Petition for certiorari, mandamus, or prohibition
the purpose of preserving the intervenor’s against any interlocutory order issued by the
right to appeal (Pinlac v. CA) court;
7. Motion to declare the defendant in default;
Remedy for Denial of Motion for Intervention 8. Dilatory motions for postponement;
1. The movant may file a motion for reconsideration 9. Reply;
since the denial of a motion for intervention is an 10. Third party complaints; and
interlocutory order. 11. Interventions.
2. Alleging grave abuse of discretion, movant can
also file a certiorari case. Forms Used Under the Rule of Procedure under Small
Claims Cases
1. Instead of filing complaint, a Statement of Claim
REPLY using Form 1-SCC shall be filed [Sec. 5]
2. Answer shall be filed by way of a Response using
Definition - The plaintiff’s response to the defendant's Form 3-SCC [Sec. 10]
answer. The function of which is to deny or allege facts in 3. Defendant may file counterclaim if he possesses a
denial or in avoidance of new matters alleged by way of claim against the plaintiff that
defense in the answer and thereby join or make issue as a. Is within the coverage of this Rule, exclusive
to such new matters. (Rule 6, Sec. 10) of interest and costs;
b. Arises out of the same transaction or event
Effect of Failure to Reply that is the subject matter of the plaintiff’s
1. General Rule - Filing a reply is merely optional. claim;
New facts that were alleged in the answer are c. Does not require for its adjudication the
deemed controverted should a party fail to reply joinder of third parties; and
thereto. d. Is not the subject of another pending action,
2. Exception – When a Reply is necessary the claim shall be filed as a counterclaim in
a. To set up affirmative defenses on the the Response; otherwise, the defendant shall
counterclaim (Rosario v. Martinez) be barred from suit on the counterclaim.
b. Where the answer alleges the defense of
usury in which case a reply under oath The defendant may also elect to file a counterclaim
should be made; otherwise, the allegation of against the plaintiff that does not arise out of the same
transaction or occurrence, provided that the amount and a. It was due to mere inadvertence; and
nature thereof are within the coverage of this Rule and b. It was not intended for delay
the prescribed docket and other legal fees are paid.
NOTE: Courts decision shall be contained in Form 13-SCC VERIFICATION AND CERTIFICATION AGAINST FORUM
SHOPPING (Rule 7, Sec. 4)
Prohibited Pleadings and Motions in Small Claims
1. Motion to dismiss the complaint except on the Verification - Pleadings need not be verified, unless
ground of lack of jurisdiction; otherwise provided by the law/rules
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a Verification is Required in the following:
judgment, or for reopening of trial; 1. Pleadings filed in the inferior courts in cases
4. Petition for relief from judgment; covered by the Rules on Summary Procedure are
5. Motion for extension of time to file pleadings, all required to be verified
affidavits, or any other paper; 2. Petition for relief from judgment or order (Sec. 3,
6. Memoranda; Rule 38)
7. Petition for certiorari, mandamus, or prohibition 3. Petition for review from RTC to the CA (Sec. 1,
against any interlocutory order issued by the Rule 42)
court; 4. Petition for review from quasi-judicial agencies
8. Motion to declare the defendant in default; to the CA (Sec. 5, Rule 43)
9. Dilatory motions for postponement; 5. Appeal by certiorari from the CTA to the SC (Sec.
10. Reply; 12, RA 9282 amending Sec. 19, RA 1125)
11. Third-party complaints; and 6. Appeal by certiorari from CA to the SC (Sec. 1,
12. Interventions. Rule 45)
7. Petition for annulment of judgments or final
orders and resolutions (Sec. 1, Rule 47)
PARTS OF A PLEADING (Rule 7, Sec. 1 to 3) 8. Complaint for injunction (Sec. 4, Rule 58)
9. Application for appointment of receiver (Sec. 1,
CAPTION Rule 59)
10. Application for support pendente lite (Sec. 1, Rule
Caption - Court’s name, action’s title (i.e. parties’ names) 69)
and docket number. 11. Petition for certiorari against judgments, final
orders, or resolutions of constitutional
Body - Pleading’s designation, allegations of party's commissions (Sec. 2, Rule 64)
claims/defenses, relief prayed for and pleading’s date. 12. Petition for certiorari (Sec. 1, Rule 65)
1. Paragraphs must be numbered, and each 13. Petition for prohibition (Sec. 2, Rule 65)
paragraph number must contain a single set of 14. Petition for mandamus (Sec. 3, Rule 65)
circumstances 15. Petition for quo warranto (Sec. 1, Rule 66)
2. Headings: if more than one cause of action, use 16. Complaint for expropriation (Sec. 1, Rule 67)
"1st cause of action," 2nd cause of action," etc. 17. Complaint for forcible entry or unlawful detainer
3. Specify relief sought, but it may add a general (Sec. 4, Rule 70)
prayer for such further/other relief as may be 18. Petition for indirect contempt (Sec. 4, Rule 71)
deemed just/equitable. 19. Petition for appointment of a general guardian
4. Every pleading shall be dated. (Sec. 2, Rule 93)
20. Petition for leave to sell or encumber property of
the ward by a guardian (Sec. 1, Rule 95)
SIGNATURE AND ADDRESS 21. Petition for declaration of competency of a ward
(Sec. 1, Rule 97)
Every pleading must be signed by the party or counsel 22. Petition for habeas corpus (Sec. 3, Rule 102)
representing him. 23. Petition for change of name (Sec. 2, Rule 103)
24. Petition for voluntary judicial dissolution of a
The address must be stated and such address must not be corporation (Sec. 1, Rule 104)
a post office box 25. Petition for cancellation or correction of entries
in the civil registry (Sec. 1, Rule 108)
Effect of Signature of Counsel in a Pleading - Signature of
counsel constitutes a certificate by him that: How a pleading is verified: By an affidavit
1. He has read the pleading 1. That the affiant read the pleading;
2. That to the best of his knowledge, information, 2. That the allegations therein are true and correct
and belief there is good ground to support it; and of his personal knowledge or based on authentic
3. That it is not interposed for delay documents.
Effect of Willful and Deliberate Forum Shopping Condition Precedent – If the cause of action depends upon
1. Ground for summary dismissal of the case with a condition precedent, its fulfillment or legal excuse for
prejudice; non-fulfillment must be averred.
2. Direct contempt and administrative sanctions.
A general averment of the performance or occurrence of
NOTE: the CNFS is mandatory but NOT all conditions precedent shall be sufficient [Rule 8, Sec. 3]
jurisdictional.
All valid conditions precedent to the institution of a
Requirement of a Corporation executing the verification/ particular action, whether prescribed by statute, fixed by
CNFS - Only individuals vested with authority by a valid agreement of the parties, or implied by law must be
board resolution may sign the certificate of non-forum performed or complied with before commencing the
shopping in behalf of a corporation. In addition, the Court action. Such fact must be pleaded.
has required that proof of said authority must be attached.
Failure to provide a certificate of non-forum shopping is Failure to comply with a condition precedent is a ground
sufficient ground to dismiss the petition. Likewise, the for a motion to dismiss (Rule 16, Sec. 1(j))
petition is subject to dismissal if a certification was
submitted unaccompanied by proof of the signatory’s Examples of Conditions Precedent:
authority. [PAL v. FASAP (2006)] 1. Exhaustion of administrative remedies
2. Investigation by a fiscal is a prerequisite to
annulment of marriage when defendant defaults
(Tolentino v. Villanueva)
3. No suit shall be filed or maintained between acknowledgement, or revenue stamps which are
members of the same family unless it should required by law are waived by him
appear that earnest efforts at compromise have
been made but that the same have failed. (Art. Failure to Deny Under Oath the Actionable Document:
222; Versoza v. Versoza) 1. The genuineness and due execution is deemed
4. Arbitration; Barangay Conciliation admitted
2. The document need not be formally offered in
Capacity – What must be averred: evidence
1. Facts showing the capacity of a party to sue or be
sued; or
2. The authority to sue or be sued in a SPECIFIC DENIALS (Rule 8, Sec. 10)
representative capacity;
3. Or the legal existence of an organized association The purpose of requiring the defendant to make a specific
of persons that is made a party (Rule 8, Sec. 4) denial is to make him disclose the matters alleged in the
complaint which he sincerely intends to disprove at the
Fraud, Mistake, Malice, Intent, Knowledge and Other trial, together with matters which he relies upon to
Condition of the Mind, Judgments, official documents, or support the denial (Herrera).
acts - Circumstances constituting fraud or mistake must
be stated with particularity while malice, intent, Modes of Denial:
knowledge or other condition of the mind of a person may
be averred generally [Rule 8, Sec. 5] 1. Specific Absolute Denial - Defendant must specify
each material allegation of fact the truth of which
Judgment - In pleading a judgment or decision of a he does not admit
domestic or foreign court, judicial or quasi-judicial a. Whenever applicable, he shall set forth the
tribunal, or of a board or officer, it is sufficient to aver the substance of the matters which he will rely
judgment or decision without setting forth matter upon to support the denial
showing jurisdiction to render it. (Rule 8, Sec. 6)
2. Partial Specific Denial - If pleader decides to deny
only a part or a qualification of an averment:
PLEADING AN ACTIONABLE DOCUMENT (Rule 8, Sec. 7) a. He shall specify so much of it as is true and
material
Actionable Document - The written instrument upon b. He shall deny the remainder
which the action or defense is based. Where a pleader
relies upon a document, its substance must be set out in 3. Disavowal of Knowledge - If defendant is without
the pleading either by its terms or by its legal effects knowledge or information sufficient to form a
belief as to the truth of a material averment made
Pleading the actionable document: in the complaint:
1. The substance of such instrument or document a. He shall so state
shall be set forth in the pleading; and b. This shall have the effect of a denial
2. The original or copy thereof shall be attached to
the pleading as an exhibit, which shall be deemed Effect of Failure to make Specific Denials:
to be part of the pleading; or 1. General Rule: Allegations not specifically denied
3. Said copy may with like effect be set forth in the are deemed admitted (Rule 8, Sec. 11)
pleading
2. Exceptions: Averments not deemed admitted
A variance in the substance of the document set forth in even if not specifically denied
the pleading and the document annexed thereto does not a. Allegations as to the amount of unliquidated
warrant dismissal of the action (Convets Inc. v. National damages;
Dev. Co.) b. Allegations immaterial to the cause of action
c. Allegations of merely evidentiary or
How to Contest an Actionable Document (Rule 8, Sec. 8) immaterial facts may be expunged from the
1. By specific denial under oath; and pleading or may be stricken out on motion.
2. By setting forth what is claimed to be the facts [Rule 8, Sec. 12]
d. Conclusion of law.
NOTE: The genuineness and due execution of the
document must be denied SPECIFICALLY When a specific denial requires an OATH – When the
- Due Execution - That the party whose signature it genuineness and due execution of an actionable
bears admits that he voluntarily signed it; or that document is contested or denied, the specific denial must
it was signed by another for him with his be under oath. (Rule 8, Sec. 8)
authority
- Genuineness - That the party whose signature it
bears admits that at the time it was signed it was
in words and figures exactly as set out; and that
the formalities, such as swearing and
EFFECT OF FAILURE TO PLEAD (Rule 9) There is only one instance when a party defendant can
properly be declared in default and that is when he fails to
FAILURE TO PLEAS DEFENSES AND OBJECTIONS file his answer within the reglementary period, or within
such extended time as he is allowed by the court, under
General Rule: Defenses and objections not pleaded in Sec. 1, Rule 18
answer or motion to dismiss are deemed waived.
(Omnibus Motion Rule) Elements of a Valid Order of Default
1. The court must have validly acquired jurisdiction
Exceptions: over the person of the defendant either by
1. Lack of jurisdiction over the subject matter; service of summons or voluntary appearance
2. Litis pendentia between same parties for the 2. The defendant failed to file his answer within the
same cause time allowed therefor
3. Res judicata 3. There must be a motion to declare the defendant
4. Action barred by statute of limitations. in default with notice to the latter
4. There must be notice to the defendant by serving
upon him a copy of such motion
FAILURE TO PLEAD COMPULSORY COUNTERCLAIM AND 5. There must be proof of such failure to answer
CROSS-CLAIM 6. There must be a hearing to declare defendant in
default
General Rule: A compulsory counterclaim not set up is
considered barred. [Rule 9, Sec. 2] Effect of Order of Default:
1. The court shall proceed to render judgment
Exception: If due to oversight, inadvertence, excusable granting the claimant such relief as his pleading
neglect, etc. the compulsory counterclaim, with leave of may warrant; or in its discretion
court, may be set up by amendment before judgment.
[Rule 11, Sec. 10] 2. Shall require the claimant to submit evidence;
For Cross-Claims: A cross-claim is always compulsory. A 3. Loss of standing in court of the defaulting party –
cross-claim not set up shall be barred. [Rule 9, Sec. 2] meaning he cannot appear therein, adduce
evidence and be heard nor take part in the trial
2. Rendition of Judgment by Default – thereafter, on 5. A defending party declared in default retains the
the basis of the allegation of the complaint or right to appeal from the judgment by default.
after receiving plaintiff’s evidence, the court shall However, the grounds that may be raised in such
render judgment granting him such relief as the an appeal are restricted to any of the following:
complaint and the facts proven may warrant a. The failure of the plaintiff to prove the
material allegations of the complaint;
b. The decision is contrary to law; and
Order of default Judgment by default c. The amount of judgment is excessive or
different in kind from that prayed for.
Issued by the court on [Ortero v. Tan (2012)]
Rendered by the court
plaintiff’s motion, for
following a default order or
failure of the defendant to
after it received ex parte Relief from an Order of Default (Lina v. CA)
file his responsive pleading
plaintiff’s evidence 1. The defendant in default may file a motion, under
seasonably
Interlocutory -Not oath, to set aside the order of default
Final – Appealable
appealable At any time after discovery thereof (from
Notice) and before judgment,
When a Declaration of Default is Proper:
2. If the judgment has already been rendered, he
may file for new trial under Sec. 1 (a) Rule 37
When the defendant discovered the default,
but before the same has become final and
executory
If motion granted:
Court issues order of default
and renders judgment or
require plaintiff to submit
evidence ex parte
NOTE: Upon motion and on such terms as may be just, the b. It is done by depositing in the post office:
court may extend the time to plead provided in these (1) In a sealed envelope
Rules. The court may also, upon like terms, allow an (2) Plainly addressed to the party or his
answer or other pleading to be filed after the time fixed counsel
by these Rules. [Rule 11, Sec. 11] (a) At his office if known
(b) Otherwise, at his residence if known
(3) Postage fully pre-paid
MANNER OF FILING (4) With instructions to the postmaster to
return the mail to the sender after 10
As per Rule 13, Sec. 3: days if undelivered
1. Personally
a. By By personally presenting the original to Substituted Service (Rule 13, Sec. 8)
the clerk of court. 1. Done by delivery of the copy to the clerk of court
b. The pleading is deemed filed upon the with proof of failure of both personal and service
receipt of the same by the clerk of court who by mail
shall endorse on it the date and hour of filing. 2. Proper only when:
c. If a party avails of a private carrier, the date a. Service cannot be made personally or by mail
of the court’s actual receipt of the pleading b. Office and place of residence of the party of
(not the date of delivery to the private his counsel being unknown
carrier) is deemed to be the date of the filing 3. Service is complete at the time of such delivery
of that pleading. [Benguet Electric
Cooperative v. NLRC (1992)]
SERVICE OF JUDGMENTS, FINAL ORDERS, OR
2. By Registered Mail RESOLUTIONS (Rule 13, Sec. 9)
a. Filing by mail should be through the registry
service (i.e. by depositing the pleading in the Service is done either:
post office). 1. Personally
b. The pleading is deemed filed on the date it 2. By registered mail
was deposited with the post office. 3. By publication ONLY IF:
a. Party is summoned by publication AND
Filing a pleading by facsimile is not sanctioned. But fax b. He failed to appear in the action
was allowed in an extradition case (Justice Cuevas v. Juan
Antonio Munoz) NOTE: There is NO substituted service of
judgments and final orders
MODES OF SERVICE
PRIORITIES IN MODES OF SERVICE AND FILING
Personal Service (Rule 13, Sec. 6)
1. Delivering personally a copy to the party, who is General rule: Personal filing and service is preferred.
not represented by a counsel, or to his counsel; or (Rule 13, Sec. 11)
2. Leaving a copy in counsel’s office with his clerk
or with a person having charge thereof; or Resort to other modes of filing and service must be
3. Leaving the copy between 8am and 6pm at the accompanied by an explanation why the service/filing
party’s or counsel’s residence, if known, with a was not done personally. If there is no written
person of sufficient age and discretion then explanation, the paper is considered not filed.
residing thereon – if not person is found in his
office, or if his office is unknown, or if he has no Exception: Papers emanating from the court.
office
Purpose of the rule on completeness of service for service by MODE PROOF OF SERVICE
registered mail: A written admission of the
party served, OR
To make sure that the party being served with the The official return of the
pleading, order or judgment is duly informed of the same server; OR
so that such party can take steps to protect the interests, Personal Service Affidavit of the party
i.e., enable to file an appeal or apply for other appropriate serving containing a full
reliefs before the decision becomes final. [MINTERBRO statement of the date,
v,CA (2012)] place, and manner of
service
Service to the lawyer binds the party. But service to the Affidavit of the person
party does not bind the lawyer, unless ordered by the mailing stating the facts
court in the following circumstances: Service by ordinary mail
showing compliance with
1. When it is doubtful who the attorney for such Rule 13, Sec. 7
party is; or Affidavit of person mailing
2. When the lawyer cannot be located; or containing facts showing
3. When the party is directed to do something compliance with Rule 13,
personally, as when he is ordered to show cause. Sec. 7, AND
[Retoni, Jr. v. CA]
Registry receipt issued by
mailing office; OR
Notice to the lawyer who appears to have been
The registry return card
unconscionably irresponsible cannot be considered as
which shall be filed
notice to his client, as it would then be easy for the lawyer Service by registered mail
immediately upon its
to prejudice the interests of his client by just alleging that
receipt by the sender, or in
he just forgot every process of the court affecting his
lieu thereof of the
clients, because he was so busy. [Bayog v. Natino]
unclaimed letter together
with the certified or sworn
copy of the notice given by
PROOF OF FILING
the postmaster to the
addressee.
1. Filing is proved by its existence in the record of
the case (Rule 13, Sec. 12)
AMENDMENT AND SUPPLEMENTAL PLEADINGS
2. If it is not in the record:
HOW TO AMEND PLEADINGS (Rule 10, Sec. 1)
When pleading is deemed
Proof of filing 1. Adding an allegation of a party;
filed
2. Adding the name of a party;
Personally
3. Striking out an allegation of a party;
4. Striking out the name of a party; 1. If it appears to the court that the motion was
5. Correcting a mistake in the name of a party; and made to delay the action, leave of court is not
6. Correcting a mistaken or inadequate allegation or given
description in any other respect 2. There must be some reasonable grounds
justifying its exercise of discretion to allow
A new copy of the entire pleading, incorporating amendment
the amendments, which shall be indicated by
appropriate marks, shall be filed. (Rule 10, Sec. 7) When amendment by leave of court may not be allowed
1. If the cause of action, defense or theory of the
Purpose: That the actual merits of the controversy may case is changed.
speedily be determined, without regard to technicalities, 2. If amendment is intended to confer jurisdiction
and in the most expeditious and inexpensive manner. to the court.
a. If the court has no jurisdiction in the subject
As a general policy, liberality in allowing amendments is matter of the case, the amendment of the
greatest in the early stages of a law suit, decreases as it complaint cannot be allowed so as to confer
progresses and changes at times to a strictness jurisdiction on the court over the property.
amounting to a prohibition. This is further restricted by [PNB v. Florendo (1992)]
the condition that the amendment should not prejudice 3. If amendment is for curing a premature or non-
the adverse party or place him at a disadvantage. (Barfel existing cause of action.
Development v. CA, 1993) 4. If amendment is for purposes of delay.
Types of Amendments:
1. Amendment as a matter of right FORMAL AMENDMENTS (Rule 10, Sec. 4)
2. Amendment as a matter of judicial discretion
When an amendment is formal:
1. When there is a mere defect in the designation of
AMENDMENTS AS A MATTER OF RIGHT (Rule 10, Sec. 2) the parties;
2. Other clearly clerical or typographical errors
When amendment is allowed as a matter of right:
1. Once as a matter of course How formal amendments are effected
a. A 2nd or subsequent amendment must now 1. It may be summarily corrected by the court at
be with leave of court, not a matter of right any stage of the action
anymore 2. A party may, by motion, call for the formal
2. Instances: amendment
a. Substantial amendment – before responsive
pleading is filed NOTE: The formal amendment must NOT cause prejudice
(1) Amendment of complaint before an to the adverse party
answer is filed.
(2) Amendment of answer before a reply is
filed or before the period for filing a AMENDMENTS TO CONFORM TO OR AUTHORIZE
reply expires PRESENTATION OF EVIDENCE (Rule 10, Sec. 5)
(3) Amendment of reply any time within 10
days after it is served Applicability of Sec. 5 - This is an instance wherein the
b. Formal amendment court acquires jurisdiction over the issues even if the
same are not alleged in the original pleadings of the
parties where the trial of said issues is with the express or
AMENDMENTS BY LEAVE OF COURT (Rule 10, Sec. 3) implied consent of the parties
Grounds for allowance of the amendment NOTE: Remember, however, that where the plaintiff has
no valid cause of action at the time of the filing of the
complaint, this defect cannot be cured or remedied by the must be filed pleading
acquisition or accrual of one while the action is pending
Limitations:
Two Scenarios: 1. Claims or defenses which have matured after the
1. When evidence is NOT objected to filing of the original pleadings cannot be averred
When issues not raised by pleadings are tried in a supplemental pleading (it may be the subject
by express or implied consent of the parties, of an amendment)
they shall be treated in all respected as if 2. Supplemental pleadings are not allowed on
they had been raised in the pleadings separate and distinct causes of action
Such amendments of pleadings as may be a. A supplemental pleading may raise a new
necessary to cause them to conform to the cause of action as long as it has some relation
evidence and raise these issues may be made to the original cause of action set forth in the
upon motion of any party at any time, even original complaint. [Ada v. Baylon (2012)]
after judgment 3. The admission or non-admission of a
But failure to amend does not affect the supplemental pleading is not a matter of right but
result of the trial of those issues is discretionary on the court
SUPPLEMENTAL PLEADINGS
Contents of Summons (Rule 14, Sec. 2) – NOTE: The enumeration in Sec. 3 of the persons
1. Summons shall be: who may validly serve summons is EXCLUSIVE
a. Directed to the defendant (Herrera)
b. Signed by clerk of court under seal
VOLUNTARY APPEARANCE Upon plaintiff’s demand, the clerk may issue an alias
summons if either:
Any form of appearance in court, by the defendant, by his 1. Summons is returned without being served on
agent authorized to do so, or by attorney, is equivalent to any/all of the defendants.
2. Summons was lost.
The server shall also serve a copy of the return on the Necessary Requisite: For substituted service of summons
plaintiff's counsel within 5 days therefrom, stating the to be valid, it is necessary to establish the following:
reasons for the failure of service 1. The impossibility of the personal service of
summons within a reasonable time
2. The efforts exerted to locate the person to be
MODES OF SERVICE OF SUMMONS served; and
3. Service upon:
Modes: a. A person of sufficient age and discretion
1. Personal Service (Rule 14, Sec. 6) residing in the same place as defendant or
2. Substituted Service (Rule 14, Sec. 7) b. Some competent person in charge of his
3. Service by Publication (Rule 14, Sec. 14, 15, 16) office or regular place of business (Spouses
Ventura v. CA, 1987)
NOTE: Summons cannot be served by mail
- Where service is made by publication, a copy of Meaning of RESIDENCE
the summons and order of the court shall be sent 1. For a substituted service to be valid, summons
by registered mail to last known address of served at the defendant’s residence must be
defendant (Sec. 15) served at his residence AT THE TIME OF
Resort to registered mail is only SERVICE; not his former place of residence
complementary to the service of summons by 2. “dwelling house” or “residence” refers to the
publication dwelling house at the time of service
But it does not mean that service by 3. They refer to the place where the person named
registered mail alone would suffice in the summons is living at the time of when the
service is made, even though he may be
temporarily out of the country at that time
PERSONAL SERVICE OF SUMMONS (Rule 14, Sec. 6) (Venturanza v. CA)
PROOF OF SERVICE
MOTIONS IN GENERAL Motion Day (Rule 15, Sec. 7) - Except for urgent
motions, motions are scheduled for hearing:
DEFINITION OF A MOTION a. On Friday afternoons;
b. Afternoon of the next working day, if Friday
A motion is an application for relief other than by a is a non-working day.
pleading. (1a)
3. Notice of hearing shall be addressed to all parties,
and shall specify the time and date of the hearing
MOTIONS VERSUS PLEADINGS which shall not be later than 10 days from the
filing of the motion. [Rule 15, Sec. 5]
Definition: A motion attacking a pleading/ order/ PURPOSE AND WHEN APPLIED FOR
judgment/ proceeding must include all objections then
available. All objections not included in the motion are It is filed by the plaintiff pursuant to a court order issued
deemed waived. upon granting a motion for Bill of Particulars filed by the
defendant before the latter files an answer.
Purpose: To require the movant to raise all available - In said motion, the defendant prays for a more
exceptions for relief during a single opportunity so that definite statement of matters which are not
multiple and piece-meal objections may be avoided averred with sufficient definiteness in the
complaint.
Exception: When the court’s jurisdiction is in issue: - An action cannot be dismissed on the ground that
1. Lack of jurisdiction over subject-matter; the complaint is vague/indefinite. The remedy of
2. Litis pendentia; the defendant is to move for a Bill of Particulars
3. Res judicata; or avail of the proper mode of discovery. [Galeon
4. Prescription. v. Galeon (1973)]
2. If a party fails to obey: IN ANY CASE: The party will have at least 5 days
a. If the plaintiff fails to obey, his complaint to file his responsive pleading
may be dismissed with prejudice unless
otherwise ordered by the court. [Rule 12,
Sec. 4; Rule 17, Sec. 3]
b. If defendant fails to obey, his answer will be
stricken off and his counterclaim dismissed,
and he will be declared in default upon
motion of the plaintiff. [Rule 9, Sec. 3; Rule
12, Sec. 4; Rule 17, Sec. 4]
Bill of Particulars
Intervention
Purpose is to enable a Purpose is to enable a
party bound to respond to person not yet a party to an
a pleading to get more action, yet having a certain
details about matters right or interest in such
MOTION TO DISMISS 11. Non-compliance with a condition precedent for
filing claim
IN GENERAL
NOTE: Complaints cannot be dismissed on ground not
Definition – A remedy of the defendant, or the responding alleged in a motion to dismiss. The motion may be based
party in general, which attacks the entire pleading and on only one of the grounds enumerated in Sec. 1, Rule 16
seeks its dismissal based on:
1. Grounds which are patent on the face of the
complaint; Lack of Jurisdiction (LOJ) over the Defendant’s Person
2. Defenses available to the defendant at the time of
the filing of the complaint The objection of LOJ over the person on account of lack of
service or defective service of summons, must be raised:
It hypothetically admits the facts stated in the complaint. 1. At the very first opportunity;
2. Before any voluntary appearance is made.
It is not a responsive pleading. It is not a pleading at all. It
is subject to the omnibus motion rule since it is a motion In La Naval Drug Corp. v. CA, et al. the Court held that
that attacks a pleading. Hence, it must raise all objections while lack of jurisdiction over the person of defendant
available at the time of the filing thereof. may be duly and seasonably raised, his voluntary
appearance in court without qualification is a waiver of
Types of Dismissal of Action: such defense.
1. MTD before answer under Rule 16;
2. MTD under Rule 17: Appearance of counsel is equivalent to summons, unless
a. Upon notice by plaintiff; such is made to protest the jurisdiction of the court over
b. Upon motion by plaintiff; the person of the defendant. If grounds other than invalid
c. Due to fault of plaintiff. service of summons are raised, it cannot be considered as
3. Demurrer to evidence after plaintiff has a special appearance. [De los Santos v. Montesa (1993)]
completed the presentation of his evidence under
Rule 33; NOTE: Sec. 20, Rule 14 makes a categorical statement that
4. Dismissal of an appeal. the inclusion in a motion to dismiss of other grounds
aside from lack of jurisdiction over the person of the
Period to File: Within the time for, but before filing of, the defendant shall not be deemed voluntary appearance on
answer to the complaint or pleading asserting a claim his part.
Exceptions:
a. For special reasons which may be allowed
even after trial has begun, a motion to Lack of Jurisdiction over the Subject Matter of the Claim
dismiss may be filed
b. The court has allowed the filing of a motion If the complaint shows on its face LOJ, the court may
to dismiss where the evidence that would dismiss the case outright instead of hearing the motion.
constitute a ground for dismissal was
discovered during trial A MTD on the ground of LOJ over the subject matter may
be raised either:
General Rule: A court may NOT motu propio dismiss a 1. Before answer;
case, unless a motion to that effect is filed by a party. 2. After answer is filed;
3. After hearing had commenced;
Exceptions: 4. At any stage of the proceeding, even for the first
1. Cases where the court may dismiss a case motu time on appeal and even if no such defense is
propio; [Rule 9, Sec. 1] raised in the answer.
2. Failure to prosecute; [Rule 17, Sec. 3]
3. Sec. 4, Revised Rule on Summary Procedure. NOTE: The rule refers to the subject matter of each
particular claim and not only to that of the suit. Hence.
other initiatory pleadings included.
GROUNDS: Rule 16, Sec. 1
1. Lack of jurisdiction over the defendant’s person Where a party invokes the jurisdiction of a court to obtain
2. Lack of jurisdiction over the subject matter of the affirmative relief and fails, he cannot thereafter repudiate
claim such jurisdiction. While the issue of jurisdiction may be
3. Improper venue raised at any time, he is estopped as it is tantamount to
4. Plaintiff’s lack of legal capacity to sue speculating on the fortunes of litigation (Crisostomo, et al.
5. Litis pendentia v. CA)
6. Res judicata
7. Prescription
8. Failure to state a cause of action Improper Venue
9. Extinguished claim
10. Unenforceable claim under the Statute of Frauds Unless and until the defendant objects to the venue in a
MTD prior to a responsive pleading, the venue cannot
truly be said to have been improperly laid since, for all It does not require that the later case be dismissed in
practical intents and purposes, the venue though favor of the earlier case. To determine which case should
technically wrong may yet be considered acceptable to be abated, apply:
the parties for whose convenience the rules on venue had 1. The More Appropriate Action Test;
been devised. Improper venue may be waived and such 2. The Interest of Justice Test, taking into account:
waiver may occur by laches. [Diaz v. Adiong (1993)] a. Nature of the controversy;
b. Comparative accessibility of the court to the
Where a motion to dismiss for improper venue is parties;
erroneously denied, the remedy is prohibition (Enriquez c. Other similar factors.
v. Macadaeg)
In both tests, the parties’ good faith shall be taken into
Where the plaintiffs filed the action in a court of improper consideration.
venue and thereafter submitted to its jurisdiction, the
issue of venue was thereby waived and they are in The 1st case shall be abated if it is merely an anticipatory
estoppel to repudiate or question the proceedings in said action or defense against an expected suit. The 2nd case
court (Vda. De Suan, et al. v. Cusi, et al.) will not be abated if it is not brought to harass. [Vitrionics
Computers v. RTC (1993)]
Objection to venue is also impliedly waived where the
party enters into trial, cross-examines the witnesses of
the adverse party and adduces evidence (Paper Industries Res Judicata
Corp of the Philippines v. Samson et al.)
Requisites:
1. Former judgment rendered by a court having
Plaintiff’s Lack of Legal Capacity to Sue: jurisdiction over the subject matter and over the
parties;
The plaintiff lacks legal capacity to sue: 2. Judgment must be a final judgment;
1. When he does not possess the necessary 3. Judgment must be on the merits;
qualification to appear at the trial (e.g. when he a. There can be res judicata without a trial, such
plaintiff is not in the full exercise of his civil as in a judgment on the pleadings (Rule 34);
rights); a summary judgment (Rule 35); or an order
2. When he does not have the character which he of dismissal under Rule 17, Sec. 3.
claims, which is a matter of evidence (e.g. when 4. There must be identity of parties, of subject
he is not really a duly appointed administrator of matter and of the causes of action.
an estate).
For res judicata to apply, absolute identity of parties is
Lack of legal capacity to sue refers to plaintiff’s disability; not required because substantial identity is sufficient.
while lack of legal personality to sue refers to the fact that Inclusion of additional parties will not affect the
the plaintiff is not a real party in interest, in which case application of the principle of res judicata.
the ground for dismissal would be that the complaint
states no cause of action. The test of identity of cause of action lies not in the form
of the action but on WON the same evidence would
The issue of plaintiff’s lack of legal capacity to sue cannot support and establish the former and the present causes
be raised for the first time on appeal where the defendant of action. [DBP v. Pundogar (1993)]
dealt with the former as a party in the proceedings below
(Univ. of Pangasinan Faculty Union v. Univ. of Pangasinan) Rationale: The sum and substance of the whole doctrine is
that a matter once judicially decided is finally decided
because of:
Litis pendentia 1. Public policy and necessity makes it the interest
of the State that there should be an end to
Requisites: (Anderson Group v. CA, 1997) litigation;
1. Identity of parties; 2. The hardship on the individual that he should be
2. identity of rights asserted and relief prayed for; vexed twice for the same cause. [Nabus v. CA
3. Relief founded on the same facts and the same (1991)]
basis;
4. Identity in the 2 proceedings should be such that Two concepts of res judicata [Abalos v. CA 1993)
any judgment which may be rendered in the 1. Bar by prior judgment – Judgment on the merits
other action will amount to res judicata on the in the 1st case constitutes an absolute bar to the
action under consideration. subsequent action not only as to every matter
which was offered and received to sustain or
It is not required to allege that there be a prior pending defeat the claim/demand, but also to any other
case. It is sufficient to allege and prove the pendency of admissible matter which might have been offered
another case, even if same had been brought later. for that purpose and to all matters that could
have been adjudged in that case. (Asked in the
2002 Bar Exam)
2. Conclusiveness of judgment – Where the 2nd The failure to state a cause of action must be evident on
action between the parties is upon a different the face of the complaint itself.
claim/demand, the judgment in the 1st case
operates as an estoppel only with regard to those Test: Assuming the allegations and statements to be true,
issues directly controverted, upon the does the plaintiff have a valid cause of action?
determination of which the judgment was
rendered. A MTD based upon the ground of failure to state a cause
of action imports a hypothetical admission by the
defendant of the facts alleged in the complaint.
Statute of Limitations
If the court finds the allegations of the complaint to be
Prescription applies only when the complaint on its face sufficient but doubts their veracity, it must deny the MTD
shows that indeed the action has already prescribed. and require the defendant to answer and then proceed to
try the case on its merits.
If the fact of prescription is not indicated on the face of
the complaint and the same may be brought out later, the A complaint containing a premature cause of action may
court must defer decision on the motion until such time as be dismissed for failure to state a cause of action.
proof may be presented on such fact of prescription.
If the suit is not brought against the real party-in-interest,
a motion to dismiss may be filed on the ground that the
Prescription Laches complaint states no cause of action. [Tanpinco v. IAC
(1992)]
Concerned with the fact of Concerned with the effect
delay of delay Complaint states no cause of
No cause of action
A matter of time A matter of equity action
Statutory Not statutory Insufficiency of allegations Insufficiency of factual
Applies in law Applies in equity in the pleading basis for the action
Based on fixed time Not based on fixed time May be raised in a Motion
to Dismiss at any time but
Defense of prescription is waived and cannot be before the filing the answer may be raised at any time
considered on appeal if not raised in the trial court to the complaint or
(Ramos v. Osorio) pleading asserting a claim
dismissal due to lack of
However, if the allegations of the complaint, or evidence Dismissal due to failure to cause of action is made
presented, clearly indicate that the action has prescribed, state a cause of action can after questions of fact have
or where there is no issue in fact as to prescription, be made at the earliest been resolved on the basis
defense of prescription is not deemed waived by failure stages of an action and of stipulations, admissions
to allege the same (Chua Lamko v. Dioso) without prejudice or evidence presented and
with prejudice
Estoppel and prescription cannot be invoked against the
State (Republic v. CA)
Extinguished Claim
A motion to dismiss on the ground of prescription will be
given due course only if the complaint shows on its face That the claim/demand set forth in the plaintiff's pleading
that the action has already prescribed (Sison v. McQuaid) has been paid, waived, abandoned or otherwise
extinguished.
If it is not apparent on its face, take note that Sec. 3
prohibits deferment of the resolution of the motion. Thus:
1. Evidence may be received in support of the Unenforceable Claim under the Statute of Frauds
motion under Sec. 2, Rule 16; or
2. The motion to dismiss should be denied without Article 1403 (2) CC requires certain contracts to be
prejudice to the complaint’s dismissal if evidence evidenced by some note or memorandum in order to be
disclose that the action had already prescribed enforceable, to wit:
(Sec. 1, Rule 9) 1. An agreement that by its terms is not to be
performed within a year from the making
thereof;
Complaint States No Cause of Action 2. A special promise to answer for the debt, default,
or miscarriage of another;
Failure to state a cause of action (not lack of cause of 3. An agreement made in consideration of marriage,
action) is the ground for a MTD. The former means there other than a mutual promise to marry;
is insufficiency in the allegations in the pleading. The 4. An agreement for the sale of goods, chattels or
latter means that there is insufficiency in the factual basis things in action, at a price not less than five
of the action. hundred pesos, unless the buyer accept and
receive part of such goods and chattels, or the
evidences, or some of them, of such things in Trial: If the case goes to trial, such evidence presented
action, or pay at the time some part of the shall automatically be part of the evidence of the party
purchase money; but when a sale is made by presenting the same.
auction and entry is made by the auctioneer in
his sales book, at the time of the sale, of the Lack of formal hearing of a motion to dismiss is not fatal
amount and kind of property sold, terms of sale, where the issues raised were fully discussed in the
price, names of the purchasers and person on motion and opposition. (Castillo v. CA)
whose account the sale is made, it is a sufficient
memorandum; After hearing: Court may either:
5. An agreement for the leasing for a longer period 1. Dismiss the action/claim
than one year, or for the sale of real property or 2. Deny the MTD
of an interest therein; 3. Order amendment of the pleadings
6. A representation as to the credit of a third
person. The court cannot defer the resolution of the MTD for the
reason that the ground relied upon is not indubitable.
Unlike a motion to dismiss on the ground that the
complaint states no cause of action, a motion invoking the The court’s resolution on the MTD must clearly and
Statute of Frauds may be filed even if the absence of a distinctly state the reasons therefor.
cause of action does not appear on the face of the
complaint. Such absence may be proved during the
hearing of the motion to dismiss on said ground. REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS
(Yuviengco et al. v. Dacuycuy, etc., et al.) DISMISSED
RESOLUTION OF MOTION
REMEDIES OF THE DEFENDANT WHEN MOTION IS
During the hearing of the motion: Parties shall submit: DENIED
1. Their arguments on questions of law
2. Their evidence on questions of fact (Rule 16, Sec. Appeal is NOT a remedy since denial of a motion to
2) dismiss is an interlocutory order. As a general rule,
a. Exception: Those not available at that time defendant files his answer and then may appeal an
adverse judgment.
Parties should be allowed to present evidence and the
evidence should be taken down Remedies of Defendant:
EXCEPT: when the motion is based on the ground of 1. The movant shall file his answer within the
insufficiency of cause of action which must generally balance of the period described in Rule 11 to
be determined on the basis of the facts alleged in the which he was entitled at the time of serving his
complaint motion, but not less than 5 days in any event.
a. If pleading is ordered to be amended, he shall
file his answer within the period prescribed
by Rule 11 counted from service of amended pleading asserting the presentation of his
pleading unless the court provides a longer claim against him evidence
period If denied, defendant must
If denied, defendant may
file an answer, or else he
2. Another remedy is to file a certiorari, case under present evidence
may be declared in default
Rule 65 alleging grave abuse of discretion. If granted, plaintiff appeals
[Riano] If granted, plaintiff may
and the order of dismissal
appeal or if subsequent
is reversed, defendant
case is not barred, he may
loses his right to present
EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN re-file the case
evidence
GROUNDS
Order of Non-suit is issued to the party who failed to When to File Pre-Trial Brief: Parties shall file and serve
appear at pre-trial. their respective pre-trial briefs, ensuring receipt by
adverse party at least 3 days before the date of the pre-
Who fails to trial.
Effect
appear
Cause for dismissal of the action which Contents of a Pre-Trial Brief
Plaintiff will be with prejudice, unless otherwise 1. Statement of their willingness to enter into
ordered by the court amicable settlement or alternative modes of
Cause to allow plaintiff to present dispute resolution, indicating the desired terms
Defendant evidence ex parte, and court to render thereof;
judgment on the basis thereof 2. Summary of admitted facts and proposed
stipulation of facts;
NOTE: The non-appearance of defendant in pre-trial is 3. Issues to be tried/resolved;
not a ground to declare him in default. Thus, we 4. Documents/exhibits to be presented, stating the
distinguish: purpose thereof;
5. Manifestation of their having availed or their
intention to avail themselves of discovery
procedures or referral to commissioners;
Default by defendant Failure to appear by 6. Number and names of the witnesses, and the
(Rule 9, Sec. 3) defendant (Rule 18, Sec. 5) substance of their respective testimonies. [AM
No. 03-1-09-SC]
Upon motion and notice to
Not required
defendant. Failure to File Pre-trial Brief: Failure to file the pre-trial
Requires proof of failure to brief shall have the same effect as failure to appear at the
Not required pre-trial.
answer
Court to allow plaintiff to
Court to render judgment, Remedy of defendant is to file a motion for
present evidence ex parte,
unless it requires reconsideration, showing that his failure to file a trial
then the court shall render
submission of evidence brief was due to fraud, accident, mistake, or excusable
judgment
Judgment by Default Judgment Ex Parte negligence
Relief awarded must be the Relief awarded may be of
same in nature and amount different nature and
as prayed for in the amount from the relief PROCEEDINGS AFTER TERMINATION OF PRE-TRIAL
complaint prayed for
Record of Pre-Trial: The pre-trial proceedings shall be
When we say that a defendant is in “default” it speaks of recorded. Upon termination of such proceedings, the
his failure to file responsive pleading and not his non- court shall issue the pre-trial order.
appearance at pre-trial.
Contents of Pre-Trial Order:
Remedy of Party who has been non-suited: 1. Matters taken up in the conference;
1. For a non-suited plaintiff: 2. Action taken thereon;
a. Motion to set aside the order of non-suit 3. Amendments allowed on the pleadings;
b. Affidavit of merit is not necessary in a simple 4. Agreements/admissions made by the parties as
motion for reconsideration of the order of to any matters considered;
non-suit EXCEPT as to show the cause of the 5. Should the action proceed to trial, the explicit
failure to appear at the pre-trial (Jonathan definition and limit of the issues to be tried.
Landoil International Inc. v. Mangudadatu)
Effect of Pre-Trial Order: The contents of the order shall
2. For a non-suited defendant: control the subsequent course of the action; UNLESS:
a. File a motion for reconsideration without 1. Modified before trial to prevent manifest
need for affidavits of merits regarding the injustice (Rule 18, Sec. 7)
fraud, accident, mistake, or excusable 2. Issues impliedly included therein or may be
negligence (Lucero v. Dacayo) inferable therefrom by necessary implication
(Velasco v. Apostol)
3. Amendment to conform to evidence (Rule 10,
Sec. 5)
(Note: either party or
On Compromise: his counsel is allowed
- Upon manifestation of the parties of their to sign)
willingness to discuss a compromise, the TC The sanctions for non- Sanctions are imposed
should order the suspension of the proceedings appearance are upon the counsel for
to allow them reasonable time to discuss and imposed upon the the accused or the
conclude an amicable settlement. plaintiff and the prosecutor [Rule 118,
- If despite all efforts exerted by the TC and the defendant [Rule 18, Sec. Sec. 3]
parties the settlement conference still fails, then 4]
the action should have continued as if no A pre-trial brief is A pre-trial brief is not
suspension had taken place. [Goldloop Properties specifically required to specifically required.
v. CA (1992)] be submitted [Rule 18,
- NOTE: AM 03-1-09-SC - No termination of pre- Sec. 6]
trial for failure to settle
Set when the plaintiff Ordered by the court The Alternative Dispute Resolution System
moves ex parte to set and no motion to set Means any process or procedure used to resolve a dispute
the case for pre-trial the case for pre-trial is or controversy, other than by adjudication of a presiding
[Rule 18, Sec. 1] required from either judge of a court or an officer of a government agency, as
the prosecution or the defined in this Act, in which a neutral third party
defense [Rule 118, Sec. participates to assist in the resolution of issue [RA 9285,
1] Sec. 3]
Made after the pleading Ordered by the court
has been served and after arraignment and Policy Behind the ADR: To actively promote party
filed [Rule 18, Sec. 1] within 30 days from the autonomy in the resolution of disputes or the freedom of
sate the court acquired the party to make their own arrangements to resolve
jurisdiction over the their disputes [RA 9285, Sec. 2]
person of the accused
[Rule 118, Sec. 1] In Relation to Pre-Trial:
Considered the Does not include the 1. At the start of the pre-trial conference, the judge
possibility of an considering of the shall immediately refer the parties and/or their
amicable settlement as possibility of amicable counsel if authorized by their clients to the PMC
an important objective settlement of one’s mediation unit for purposes of mediation if
[Rule 118, Sec. 2(a)] criminal liability as one available.[AM No. 03-1-09-SC]
of its purposes [Rule
118, Sec. 1] 2. The pre-trial briefs of parties must include the
The arrangements and (Stricter procedure) parties’ statement of their willingness to enter
admissions in the pre- All agreements or into an amicable settlement indicating the
trial are not required to admissions made or desired terms thereof or to submit the case to
be signed by both entered during the pre- any of the alternative modes of dispute
parties and their trial conference shall be resolution [AM No. 03-1-09-SC]
counsels. Under the reduced in writing and
Rules, they are instead signed by both the Exception to the Application of RA 9285:
to be contained in the accused and counsel; 1. labor disputes covered by the Labor Code;
record of pre-trial and otherwise, they cannot 2. the civil status of persons;
pre-trial order [Rule 18, be used against the 3. validity of a marriage;
Sec. 7] accused. [Rule 118, Sec. 4. any ground for legal separation;
2] 5. the jurisdiction of courts;
[AM No. 03-1-09] - 6. future legitime;
requires the 7. criminal liability; and
proceedings during the 8. those which by law cannot be compromised.
preliminary conference
to be recorded in the Modes of Alternative Dispute Resolutions:
“Minutes of Preliminary
Conference” to be 1. Arbitration (RA 9285, Sec. 1)
signed by both parties a. A voluntary dispute resolution process in
and/or counsel. which one or more arbitrators, appointed in
accordance with the agreement of the 8. Confirmation, Correction or Vacation of Award in
parties, or rules promulgated pursuant to Domestic Arbitration;
this Act, resolve a dispute by rendering an 9. Recognition and Enforcement or Setting Aside of
award\ an Award in International Commercial
b. Different Kinds: Arbitration;
(1) Domestic Arbitration – an arbritration 10. Recognition and Enforcement of a Foreign
that is not international; governed by RA Arbitral Award;
876 (Arbitration Law) [RA 9285, Sec. 32] 11. Confidentiality/Protective Orders; and
(2) International Arbitration - An arbitration 12. Deposit and Enforcement of Mediated Settlement
is international if: Agreements.
(a) the parties to an arbitration
agreement have, at the time of the Service and Filing of Petition – The petitioner shall serve,
conclusion of that agreement, their either by personal service or courier, a copy of the
places of business in different States; petition upon the respondent before the filing thereof.
or Proof of service shall be attached to the petition filed in
(b) one of the following places is court.
situated outside the State in which
the parties have their places of Notice – served once court finds petition sufficient in form
business [Article 3, Model Law on and substance
International Commercial 1. Notice is sent to parties directing them to appear
Arbritration] at a particular time and date for hearing
2. Hearing shall not be set no later than 5 days from
2. Mediation lapse of period for filing opposition or comment
a. a voluntary process in which a mediator, 3. Notice to respondent shall contain a statement
selected by the disputing parties, facilitates allowing him to file a comment or opposition to
communication and negotiation, and assist petition within 15 days from receipt of notice
the parties in reaching a voluntary 4. For Referral to ADR or Confidentiality/Protection
agreement regarding a dispute Orders:
b. includes conciliation a. Follow Rule 15 Rules of Court
If evidence is
TRIAL insufficient to prove
plaintiff’s cause of
action or defendant’s
counterclaim, court
rules in favor of
either one or
dismisses the case
COURT RENDERS
DECISION
INTERVENTION
DEFINITION
TIME TO INTERVENE
A legal remedy whereby a person is permitted to become
a party in a case, by either: How Intervention is Done
1. Joining the plaintiff; 1. By a motion to intervene
2. Joining the defendant; 2. Attaching the pleading-in-intervention to the
3. Asserting his right against both plaintiff and motion
defendant, considering that either: 3. Copies served on the original parties (Rule 19,
a. He has a legal interest in the subject matter Sec. 2)
of the action;
b. He has legal interest in the success of either When should it be filed – The motion to intervene may be
of the parties filed at ANY TIME before rendition of judgment by the
c. He has legal interest against both of the court
parties
d. He is going to be adversely affected by the General Rule: Allowance of intervention is discretionary
disposition of the property in the custody of with the court
the court (Rule 19, Sec. 1)
Exception: When the intervenor is an indispensable party
Intervention is never an independent action, but is
ancillary and supplemental to the existing litigation. Its Pleadings-in-Intervention:
purpose is to afford one not an original party, yet having a 1. Complaint-in-intervention – If intervenor asserts
certain right/interest in the pending case, the opportunity a claim against either or all of the original parties.
to appear and be joined so he could assert or protect such
right/interest. (Carino v. Ofilada, 1993) 2. Answer-in-intervention – If intervenor unites
with the defending party in resisting a claim
against the latter.
REQUISITES FOR INTERVENTION
3. Answer to complaint-in-intervention [Rule 19,
The requisites of intervention are: Sec. 4] - It must be filed within 15 days from
1. Legal interest: notice of the order admitting the complaint-in-
a. In the matter in controversy; or intervention, unless a different period is fixed by
b. In the success of either of the parties; or the court.
c. Against both; or
d. So situated as to be adversely affected by a REMEDY FOR DENIAL OF MOTION TO INTERVENE
distribution or other disposition of property
in the custody of the court or of an office 1. If intervention is denied
thereof; a. Aggrieved party may appeal
2. Intervention will not unduly delay or prejudice b. Mandamus will not lie except in case of grave
the adjudication of rights of original parties abuse of discretion
3. Intervenor’s rights may not be fully protected in a
separate proceeding (Lorenza Ortega v. CA, 1998) 2. If intervention is granted
a. A grant of a motion to intervene is
interlocutory
MEANING OF LEGAL INTEREST b. Hence, anyone who objects can file a petition
for certiorari for improper granting of
Interest must be of a direct and immediate character so intervention
that the intervenor will either gain or lose by the direct
legal operation of the judgment. The interest must be
actual and material, a concern which is more than mere
curiosity, or academic or sentimental desire; it must not
be indirect and contingent, indirect and remote,
conjectural, consequential or collateral. [Virra Mall
Tenants v. Virra Mall (2011)]
Grounds:
1. For quashal of subpoena duces tecum:
a. It is unreasonable and oppressive
b. The articles sought to be produced do not
appear prima facie to be relevant to the
issues; or
c. The person asking for the subpoena does not
advance the cost for the production of the
articles desired
d. Failure to tender witness fees and
kilometrage allowed by the Rules
Persons before whom depositions may be taken (Rule 23, Effect of Taking and Using Depositions:
Sec. 10 and 11)
1. Within the Philippines: 1. General Rule: A party shall not be deemed to
a. Judge make a person his own witness for any purpose
b. Notary Public, or by taking his deposition because depositions are
c. Any person authorized to administer oaths, taken for discovery and not for use as evidence.
as stipulated by the parties in writing (Rule 23, Sec. 7)
Disqualification by interest: No deposition shall be taken When may taking of deposition be terminated or its scope
before a person who is: (Rule 23, Sec. 13) limited (Rule 23, Sec. 18)
1. A relative within the 6th degree of affinity or
consanguinity 1. How done:
2. An employee or counsel of any of the parties a. A motion or petition for termination or limit
3. A relative within the same degree or employee of examination is filed by any party or of the
such counsel deponent
4. Financially interested in the action b. Filed in the court where the action is pending
OR the RTC of the place where deposition is
Procedure in Taking Depositions: being taken
1. A party desiring to take the deposition of any
person upon oral examination shall give 2. When done: At any time during the taking of
reasonable notice in writing to every party to the deposition
action stating the time and place for taking the
deposition and the name and address of each 3. Grounds: That the examination is being
person to be examined. [Rule 23, Sec. 15] conducted:
a. In bad faith, or
2. After the notice is served, the court may make b. In such manner as unreasonably to annoy,
any order for the protection of the parties and embarrass or oppress the deponent or party
the deponent. [Rule 23, Sec. 16]
Effect of Errors and Irregularities in Depositions (Rule 23,
3. The attendance of the witnesses may be Sec. 29)
compelled by the use of subpoenas. [Rule 23, Sec.
1] Error and
Effect
Irregularities
4. The deponent may be examined or cross As to notice for Waived
examined following the procedures for witnesses taking Unless written objection is promptly
in a trial. He may be asked questions on direct, depositions served upon party giving notice
cross, re-direct or re-cross. He has the same Objection to Waived
rights as a witness and may be impeached like a taking Unless made:
court witness because Sections 3 to 18 of Rule deposition 1. Before taking of deposition
132 apply to deponent. [Rule 23, Sec. 3]
because of begins or DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
disqualification 2. As soon thereafter as (Rule 24)
of officer before disqualification becomes
whom it is to be known or could be A deposition before action and a deposition pending
taken discovered with reasonable appeal are referred to as perpetuation of testimony
diligence (perpetuam rei memoriam) because their objective is to
Objection to the Not waived by failure to make them perpetuate the testimony of a witness for future use.
competency of a before or during the taking of
witness or deposition Purpose: To perpetuate the testimony of witnesses for
competency or probable use in the event of further proceedings in said
Unless the ground of the objection is court.
relevancy or
one which might have been obviated
materiality of
or removed if presented at that time Who may avail: Any person:
testimony
In the manner of taking, in the form 1. Who wants to perpetuate his own testimony; or
of questions or answers, in the oath 2. Who wants to perpetuate the testimony of
Occurring at or affirmation, or in conduct of another person
oral parties and errors of any kind which
examination might be obviated or removed if Procedure for Deposition Pending Action:
and other promptly prosecuted are waived
particulars Unless reasonable objection thereto 1. File a verified petition in the court of the place of
is made at the time of taking the the residence of any expected adverse party
deposition a. Petition shall be entitled in the name of
Waived petitioner
Objections to b. It shall show:
Unless served in writing upon the
the form of (1) That the petitioner expects to be a party
party propounding them within the
written to an action in a court of the Philippines
time allowed for serving succeeding
interrogatories but is presently unable to bring it or
cross or other interrogatories and
under Sec. 25 cause it to be brought;
within 3 days after service of last
and 26 (2) The subject matter of the expected action
interrogatories authorized
In the manner Waived and his interest therein;
in which (3) The facts which he desires to establish
Unless motion to suppress by the proposed testimony and his
testimony is
depositions or some part thereof is reasons for desiring to perpetuate it;
transcribed or
made with reasonable promptness (4) The names or a description of the
in the
after such defect is ascertained, or persons he expects will be adverse
preparation
with due diligence might have been parties and their addresses so far as
under Sec. 17,
ascertained known; and
19, 20, and 26
(5) The names and addresses of the persons
Orders that may be issued by the court regarding to be examined and the substance of the
deposition taking testimony which he expects to elicit from
1. That the deposition shall not be taken; each, and shall ask for an order
2. That it may be taken at some designated place authorizing the petitioner to take the
other than that stated in the notice; depositions of the persons to be
3. That it may be taken only on written examined named in the petition for the
interrogatories; purpose of perpetuating their testimony.
4. That certain matters shall not be inquired into’
5. That the scope of the examination shall be held 2. Notice and service to each person named in the
with no one present except the parties to the petition as an expected adverse party, together
action and their officers or counsel; with a copy of the petition, stating that the
6. That after being sealed, the deposition shall be petitioner will apply to the court, at a time and
opened only by order of the court; place named therein, for the order described in
7. That secret processes, developments, or research the petition.
need not be disclosed;
8. That the parties shall simultaneously file 3. At least twenty (20) days before the date of the
specified documents or information enclosed in hearing, the court shall cause notice thereof to be
sealed envelopes to be opened as directed by the served on the parties and prospective deponents
court; in the manner provided for service of summons.
Use of Deposition: If a deposition to perpetuate testimony Purpose - This mode of discovery is availed of by the party
is taken under this Rule, or if, although not so taken, it to the action for the purpose of eliciting material and
would be admissible in evidence, it may be used in any relevant facts from any of the adverse party. [Rule 25, Sec.
action involving the same subject matter subsequently 1]
brought in accordance with the provisions of sections 4
and 5 of Rule 23. (Rule 24, Sec. 6) Service of Interrogatories to Parties – Any party desiring to
elicit material and relevant facts from any adverse party
Procedure for Deposition Pending Appeal: shall file and serve upon the adverse party written
interrogatories to be answered by the party served.
1. During the pendency of an appeal, the court in
which the judgment was rendered may allow the NOTE: Written interrogatories must not only be
taking of depositions of witnesses to perpetuate served but also filed.
their testimony in the event of further
proceedings in the said court. Manner of Service:
1. Without leave of court – After answer has
2. The party who desires to perpetuate the been served; and for the first set of
testimony may make a motion in the said court interrogatories
for leave to take the depositions, upon the same 2. With leave of court – before the answer has
notice and service thereof as if the action was been served; and for subsequent sets of
pending therein. The motion shall state: interrogatories
a. The names and addresses of the persons to
be examined and the substance of the NOTE: No party may, without leave of court,
testimony which he expects to elicit from serve more than one set of interrogatories to
each, and be answered by the same party. (Rule 25,
b. The reason for perpetuating their testimony. Sec. 4)
3. Order allowing the deposition: If the court finds Answer to Interrogatories: (Rule 25, Sec. 2)
that the perpetuation of the testimony is proper 1. Written interrogatories and the answers thereto
to avoid a failure or delay of justice, it may make must both be filed and served
an order allowing the deposition to be taken. a. Hence, the answers may constitute as judicial
admissions (Sec. 4, Rule 129)
2. Form of answer:
a. It must be answered fully in writing
b. And signed and sworn to by the person
making them
Grounds:
1. They require the statements of conclusions of law
or answers to hypothetical questions or opinion,
or mere hearsay, or matters not within the
personal knowledge of the interrogated party
2. Frivolous interrogatories need not be answered REQUEST FOR ADMISSION (Rule 26)
(Herrera)
Rule 26, as a mode of discovery, contemplates
Scope and Use of Interrogatories (Rule 25, Sec. 5) interrogatories seeking clarification in order to determine
the truth of the allegation in a pleading.
Interrogatories may relate to any matters than can be
inquired into under Sec. 2, Rule 23 Purposes:
1. To allow one party to request the adverse in
Answers may be used for the same purposes provided in writing to admit certain material and relevant
Sec. 4, Rule 23 matters which most likely will not be disputed
during the trial.
Effect of Failure to Serve Written Interrogatories (Rule 25, 2. To avoid unnecessary inconvenience to the
Sec. 6) parties in going through the rigors of proof,
before the trial, a party may request the other to:
A party not served with written interrogatories may not a. Admit the genuineness of any material and
be compelled by adverse party to: relevant document described in and
1. Give testimony in open court; or exhibited with the request; or
2. Give deposition pending appeal b. Admit the truth of any material and relevant
matter of fact set forth in the request [Rule
UNLESS thereafter allowed by the court for good cause 26, Sec. 1]
shown and to prevent a failure of justice
How made:
NOTE: This should not be confused with the 1. A party files and serves upon any other party a
provisions of Rule 29. Sec. 6 Rule 25 as well as a written request
similar provision in Rule 26 are directed to a 2. Copies of the documents shall be served with the
party who fails or refuses to resort to discovery request unless already furnished
procedures therein. Rule 29 provides for
sanctions or other consequences upon a party When made: At any time after issues have been joined.
who refuses or fails to comply with discovery
procedures duly availed of by his opponent The request for admission MUST BE SERVED ON THE
PARTY and NOT ON THE COUNSEL. This is an exception
Written Interrogatories v. Interrogatories to Parties to the general rule that notices shall be served upon
counsel and not upon the party. (Duque v. CA, 2002)
Written Interrogatories Interrogatories to Implied Admission by Adverse Party (Rule 26, Sec. 2)
Parties
The deposition is takes There is no Each of the matters which an admission is requested shall
before a deposition officer deposition officer. be deemed admitted UNLESS the party to whom request
Questions are prepared is directed files and serves upon the party requesting
beforehand. These are admission a SWORN STATEMENT
submitted to the deposition The questioning is 1. Contents of the sworn statement:
officer who will ask the direct. a. Denying specifically the matters of which an
deponent the questions and admission is requested, or
he will record the answers. b. Setting forth in detail the reasons why he
The deposition of any The deposition of cannot truthfully either admit or deny those
person may be taken, the parties are only matters
whether he is a party or not. taken.
2. Period to file and serve the sworn statement
a. Within a period designated in the request
b. Which shall not be less than 15 days after
service thereof, or
c. Within such further time as the court may
allow on motion
Procedure:
Court Order:
1. The court may:
a. Order any party to produce and permit the
inspection and copying or photographing,
(1) By or on behalf of the moving party
(2) Of any designated documents, papers,
books, accounts, letters, photographs,
objects or tangible things, not privileged,
which constitute or contain evidence
material to any matter involved in the
action
(3) And which are in his possession, custody
or control
b. Order any party to permit entry upon PHYSICAL AND MENTAL EXAMINATION OF PERSONS
designated land or other property in his (Rule 28)
possession or control
(1) For the purpose of inspecting, When available: In an action in which the mental or
measuring, surveying, or photographing, physical condition of a party is in controversy. (Rule 28,
property or any designated relevant Sec. 1)
object or operation thereon - NOTE: It is the mental and physical condition of a
PARTY not a WITNESS that is in controversy
2. Contents of the Order
a. Time, place, and manner of making the How Done:
inspection and taking copies and 1. Motion for examination is filed
photographs, and 2. Filed in the court in which the action is pending
b. Such terms and conditions as are just 3. Court may, in its discretion, order him to submit
to a physical or mental examination by a
physician
Upon entry of a case in the trial calendar, the clerk shall If the parties agree only on some of the facts in issue, trial
notify parties the date of its trial, ensuring receipt of the shall be held as to the disputed facts in such order as the
notice at least 5 days before the trial date. court shall prescribe.
GENERAL RULE: When an issue exists, trial is necessary. Stipulation Of Facts in Stipulation Of Facts in
Decision should not be made without trial. Civil Cases Criminal Cases
May be signed by the
Must be signed by both
EXCEPTIONS: When there may be judgment without trial counsel alone who has an
counsel and accused
1. Judgment on the pleading (Rule 34) SPA
2. Summary Judgment (Rule 35) May be made verbally or Strict; it must always be in
3. Judgment on Compromise in writing writing
4. Judgment on Confession
5. Dismissal with Prejudice (Rule 17) An agreed statement of facts is conclusive on the parties,
6. Judgment under Rule on Summary Procedure, as well as on the court. Neither of the parties may
and withdraw from the agreement, nor may the court ignore
7. Stipulation of fact the same. [McGuire v. Manufactures Life]
ADJOURNMENTS AND POSTPONEMENTS (Rule 30, Sec. ORDER OF TRIAL; REVERSAL OF ORDER (Rule 30, Sec.
2) 5)
GENERAL RULE: A court may adjourn a trial from day to General Rule: Trial shall be limited to the issues stated in
day, and to any stated time, as the expeditious and the pre-trial order.
convenient transaction of business may require
Exceptions:
LIMITATION: The court has no power to adjourn a trial 1. Provisions on separate trials under Rule 31, Sec.
for: 2
1. A period longer than one month for each 2. When for special reasons the court directs
adjournment; or otherwise
2. More than 3 months in all
Where the answer of the defendant admitted the DELEGATION OF RECEPTION OF EVIDENCE (Rule 30,
obligation stated in the complaint, although Sec. 9)
special defenses were pleaded, the plaintiff has
every right to insist that it was for the defendant General Rule: The judge of the court where the case is
to come forward with evidence to support his pending shall personally receive the evidence to be
special defenses (Yu v. Mapayo) adduced by the parties.
Ratio: Plaintiff need not have to present evidence since Exception: The court may delegate the reception of
judicial admissions do not require proof (Sec. 2, Rule 129) evidence to its clerk of court who is a member of the bar
in:
1. Default hearings;
CONSOLIDATION OR SEVERANCE OF HEARING OR 2. Ex parte hearings;
TRIAL (Rule 31) 3. Cases where parties agree in writing.
The case shall be dismissed The court should set the DEMURRER TO EVIDENCE IN CIVIL CASES VERSUS
date for the reception of the CRIMINAL CASES
defendant’s evidence-in-
chief [Northwest Airlines v. CIVIL CASES CRIMINAL CASES
CA (1998)] May be filed with or
Plaintiff's remedy would be without leave of court.
to appeal. Defendant need not ask Leave of court is necessary
for leave of court so that the accused could
However, if the order present his evidence if
granting the demurrer is demurrer is denied
reversed on appeal, the If the court finds the
If the court finds plaintiff’s
defendant loses his right to xxx prosecution’s evidence
evidence insufficient, it
present evidence. [Rule 33, insufficient, it will grant
will grant demurrer by
Sec 1; Republic v. Tuvera demurrer by rendering
dismissing the complaint
(2007)] judgment of acquittal.
The judgment of dismissal Judgment of acquittal is
The appellate court should is appealable. NOT appealable.
render judgment on the If plaintiff appeals and Double jeopardy sets in.
judgment is reversed by
the appellate court, it will
decide the case on the
basis of plaintiff’s
evidence with the
consequence that the
defendant already loses
his right to present
evidence.
There is no res judicata in
dismissal due to
demurrer.
The plaintiff files a motion
The court may motu
to deny motion to
proprio deny the motion
demurrer to evidence
If court denies the
demurrer filed with leave,
accused may present his
evidence.
If court denies the If court denies the
demurrer, defendant will demurrer filed without
present his evidence leave, accused can no
longer present his
evidence and submits the
case for decision based on
the prosecution’s evidence
JUDGMENTS AND
amounts to a legal declaration of the respective
rights and duties of the parties, based upon the
disclosed facts
Requisites of a Valid Judgmen (Rule 36, Sec. 1; Art. VIII, 6. JUDGMENT SIN PERJUICIO - It may refer to a
Sec. 14, 1987 Constitution) dismissal of a case without prejudice to it being
1. Court/tribunal must be with authority to hear re-filed.
and determine the matter before it;
2. Court must have jurisdiction over the parties and 7. CONDITIONAL JUDGMENT - It is one the
the subject matter; effectivity of which depends upon the occurrence
3. Parties must have been given an opportunity to or non-occurrence of an event. Such a judgment
adduce evidence in their behalf; is generally void because of the absence of a
4. Evidence must have been considered by the disposition [Cu-Unjieng v. Mabalacat Sugar Co.
tribunal in deciding the case; [Acosta v. COMELEC (1940)]
(1998)]
5. Judgment must be in writing, personally and 8. SEVERAL JUDGMENT - It is one rendered by a
directly prepared by the judge. A verbal judgment court against one or more defendants and not
is, under the law, ineffective. [Corpus v. against all of them, leaving the action to proceed
Sandiganbayan (2004)] against the others. [Rule 36, Sec. 4] It is proper
6. Judgment must state clearly the facts and the law when the liability of each party is clearly separate
upon which the decision is based, signed by the and distinct from his co-parties such that the
judge and filed with the clerk of court. [Rule 35, claims against each of them could have been the
Sec. 1] subject of separate suits, and the judgment for or
against one of them will not necessarily affect the
Kinds of Judgment: other.
Basis: The fallo is the final order. The opinion in the body
is merely a statement ordering nothing [Poland Industrial
Limited v. National Development Company (2005)]
JUDGMENT ON THE PLEADINGS SUMMARY JUDGMENTS
Judgment on the Pleadings is a judgment rendered by the Summary Judgment is a judgment rendered by a court
court if the answer fails to tender an issue, or otherwise without trial if it is clear that there exists NO GENUINE
admits the material allegations of the adverse party’s ISSUE or controversy as to any material fact, EXCEPT as to
pleading. It is rendered without a trial, or even without a the amount of damages
pre-trial
Genuine Issue - an issue of fact which calls for the
It has been held that a motion for a judgment on the presentation of evidence as distinguished from an issue,
pleadings, were the answer admits all material which is a sham, fictitious, contrived, and patently
averments, is one that may be considered ex parte unsubstantial so as not to constitute a genuine issue for
because upon the particular facts thus presented and laid trial
down before the court, the plaintiff is entitled to a
judgment (Dino v. Valencia), or motu proprio under Rule PROCEDURE (Rule 35, Sec. 3)
18(2g) (Luzon Dev. Bank v. Conquilla)
1. Movant files a motion for summary judgment
Grounds for Judgment on the Pleadings (Rule 34, Sec. 1) with supporting affidavits, depositions or
1. The answer fails to tender an issue because of: admission
a. General denial of the material allegations of 2. Service to the adverse party at least 10 days the
the complaint; hearing
b. Insufficient denial of the material allegations 3. Adverse party may serve opposing affidavits,
of the complaint; OR depositions or admissions at least 3 days before
2. The answer admits material allegations of the the hearing
adverse party’s pleading 4. Hearing – Court shall determine if a genuine issue
as to any material fact exists and if the movant is
Judgment on the Pleadings is NOT proper in actions for: entitled to a summary judgment as a matter of
1. Declaration of Nullity of Marriage law
2. Annulment of marriage; and 5. Court renders summary judgment
3. Legal Separation
4. Unliquidated damages; claims for such damages NOTE: Damages must still be proven even if not
must be alleged and proved denied.
5. Admission refers only to allegations of fact and
not conclusions of law Bases for Summary Judgment:
6. Insufficiency of facts; proper remedy is 1. Affidavits made on personal knowledge;
amendment 2. Depositions of the adverse or a 3rd party; (Rule
23)
NOTE: If the complaint states no cause of action, a motion 3. Admissions of the adverse party; (Rule 26)
to dismiss should be filed and not a motion for judgment 4. Answers to interrogatories. (Rule 25)
on the pleadings.
WHO MAY FILE
Duty of the Court (Rule 35, Sec. 4) SUMMARY JUDGMENT v. JUDGMENT ON THE
1. Ascertain what material facts exist without PLEADINGS v. JUDGMENT BY DEFAULT
substantial controversy and what are actually
and in good faith controverted based on: SUMMARY JUDGMENT ON JUDGMENT BY
a. An examination of the pleadings and JUDGMENT THE PLEADINGS DEFAULT
evidence before it Based on the Based on the
b. Interrogation of the counsel pleadings, complaint and
Based solely on
depositions, evidence, if
2. Make an order specifying the facts and the extent the pleadings
admissions, and presentation is
of the amount of damages that appear without affidavits required
substantial controversy Generally
available only to
3. Direct further proceedings as are just Available to the plaintiff,
Available to
both plaintiff unless the
4. Conduct trial on the controverted facts plaintiff
and defendant defendant
accordingly presents a
counterclaim
Effect - A partial summary judgment is not a final There is no
judgment, but merely a pre-trial adjudication that said genuine issue The answer fails
issues in the case shall be deemed established for the trial between the to tender an issue No issue as no
of the case. [Guevarra v. CA (1983)] parties or there is an answer is filed
i.e. There may admission of by the defending
be issues but material party
AFFIDAVITS AND ATTACHMENTS these are allegations
irrelevant
These are submitted to support the motion for summary 10-day notice 3-day notice 3-day notice rule
judgment. required required applies
May be
Form of affidavits and supporting papers (Rule 35, Sec. 5) interlocutory or On the merits On the merits
1. Made on personal knowledge on the merits
2. Shall set forth such facts as would be admissible Available only
in evidence in actions to Available in any
3. Shall show affirmatively that the affiant is Available in any
recover a debt, action except
competent to testify to the matters stated therein. action except
or for a annulment of
4. Sworn or certified true copies of all papers or annulment of
liquidated sum marriage, or
parts thereof referred to in the affidavit shall be marriage, or legal
of money or for legal separation
attached thereto OR served therewith. separation cases
declaratory cases
relief
Affidavits in bad faith If filed by
1. Affidavits presented under this Rule which plaintiff, it must
appear to the court at any time as presented in be filed at any
bad faith or solely for the purpose of delay time after an
2. Effects: answer is
a. Court shall order the offending party or served. There is already There is no
counsel to pay the other party – amount of If filed by an answer filed answer filed
reasonable expenses which the filing of the defendant, may
affidavits caused him to incur, including be filed at any
attorney’s fees time even
b. Court may adjudge the offending party or before there is
counsel guilty of contempt, after hearing answer
SUMMARY JUDGMENT
An extension of the period may be set by the SC upon Date of Finality: Date of finality is the date of entry.
request by the judge concerned on account of heavy
caseload or by other reasonable excuse [Arap v Mustafa Contents of the Records in the Book of Entries:
(2002)] 1. Dispositive part of the judgment or final order
2. Signed by the clerk with a certification that such
judgment or final order has become final and
executory.
AMENDMENTS TO JUDGMENT
Exceptions:
1. Clerical errors
2. Nunc Pro Tunc entries
3. Void judgments - Final judgment can be annulled
on the ground of fraud or lack of jurisdiction or
contrary to law (Panlilio v. Garcia)
4. Whenever circumstances transpire after finality
of the decision making its execution unjust and
inequitable:
a. Cases where, because of supervening events,
it becomes imperative, in the higher interest
of justice, to direct its modification in order
to harmonize the disposition with the
prevailing circumstances (Seavan Carrier Inc.
v. GTI Sportswear Corp.)
b. Whenever it is necessary to accomplish the
aims of justice (Pascual v. Tan)
Amended/clarified
Supplemental decision
judgment
An entirely new decision Does not take the place of
and supersedes the original or extinguish the original
judgment judgment
Court makes a thorough
study of the original
judgment and renders the
Serves to add to the
amended and clarified
original judgment
judgment only after
considering all the factual
and legal issues
POST-JUDGMENT
The motions are filed with the court which rendered the
questioned judgment or final order.
REMEDIES The period for appeal is within 15 days after notice to the
appellant of the judgment or final order appealed from.
The 15-day period is deemed to commence upon receipt
by the counsel of record, which is considered notice to the
MOTION FOR RECONSIDERATION AND parties. Service upon the parties themselves is prohibited
MOTION FOR NEW TRIAL and is not considered as official receipt of judgment.
REMEDIES BEFORE FINALITY OF JUDGMENT Effect of Filing – The filing of a timely motion interrupts
1. Motion for reconsideration the period to appeal.
2. Motion for new trial
3. Appeal FORM AND CONTENTS (Rule 37, Sec. 2)
DEFINITION Form:
1. The motion must comply with the provisions of
A motion for reconsideration under Rule 37 is directed Rule 15 otherwise it will not be accepted for
against a judgment or final order. It is not the motion for filing and/or will not suspend the running of the
reconsideration of interlocutory order, which often reglementary period.
precedes a petition for certiorari under Rule 65. It does 2. It shall be made in writing, stating the ground or
not apply to cases that fall under Summary Procedure. grounds therefor
3. Written notice shall be served by movant on the
GROUNDS: (Rule 37, Sec. 1) adverse party
Grounds for Motion for New Trial: NOTE: Non-compliance with this requirement
1. FAME – Fraud, accident, mistake, excusable would reduce the motion to a mere pro forma
negligence motion, which shall not toll the period for appeal.
a. Conditions:
(1) Which ordinary prudence could not have Contents of a motion for new trial
guarded against; and 1. If based on FAME, it shall be supported by an
(2) By reason of which such aggrieved party affidavit of merits
has probably been impaired in his rights
NOTE: An affidavit of merits is one which recites
NOTE: Fraud must be extrinsic fraud which the nature and character of FAME on which the
means any fraudulent scheme executed by the motion is based and stating the movant’s good
prevailing party outside of the trial against the and substantial cause of action or defense and the
losing party who because of such fraud is evidence he intends to present if granted
prevented from presenting his side of the case.
2. If based on newly found evidence, it shall be
2. Newly discovered evidence supported by:
a. Requisites: a. Affidavits of witnesses by whom such
(1) It must have been discovered after the evidence is expected or given; or
trial b. Duly authenticated documents which are
(2) It could not have been discovered and proposed to be introduced in evidence
produced at the trial even with the
exercise of reasonable diligence; and Contents of a motion for reconsideration
(3) The evidence is of such weight that if 1. Shall point out specifically the findings or
admitted, would probably alter the result conclusions of the judgment or final order which
of the action; and are not supported by evidence or which are
(4) It must be material and not merely contrary to law
collateral, cumulative, or corroborative 2. Make express reference to testimonial or
documentary evidence or provisions of law
Grounds for Motion for Reconsideration: alleged to be contrary to such findings or
1. Damages awarded are excessive conclusions
2. Evidence is insufficient to justify the decision or
final order RESOLUTION OF MOTION AND COURT ACTION
3. The decision or final order is contrary to law
Court action – The court may: (Rule 37, Sec. 3)
WHEN TO FILE: 1. Set aside the judgment or final order and grant a
new trial; or upon such terms as may be just
An aggrieved party may file a motion for new trial or 2. Deny the motion
reconsideration within the period for taking an appeal. 3. Amend such judgment or final order accordingly
if:
a. The court finds that excessive damages have Filing of a proper motion for new trial interrupts the
been awarded or that; or running of the period of appeal which begins to run again
b. That the judgment or final order is contrary from receipt of the notice of the movant of the order
to the evidence or law denying his motion (fresh 15 day period) (Phil.
Commercial and Industrial Bank v. Ortiz)
Resolution (Rule 37, Sec. 4) – he motion shall be resolved
within 30 days from submission Remedies if Motion is DENIED:
1. To appeal from the judgment or final order itself
The 30-day period to resolve the motion is held to be 2. The order denying the motion may itself be
mandatory [Gonzales v. Bantolo (2006)] assailed by a petition for certiorari under Rule 65
3. Rule 37, Sec. 9 says that an order denying a
GRANT OF THE MOTION; EFFECT motion for new trial or reconsideration is NOT
appealable
Grant of motion for reconsideration - The court may a. NOTE HOWEVER: AM 07-7-12 amended Sec.
amend the judgment or final order accordingly. The 1 of Rule 41 by deleting “An order denying a
amended judgment is in the nature of a new judgment, motion for new trial or reconsideration”
which supersedes the original judgment. from the non-appealable orders.
NOTES:
1. This fresh period becomes significant only when
a party opts to file a motion for new trial or
reconsideration
2. This rule does not refer to the period within
which to appeal from the order denying the
motion for reconsideration but to the period
within which to appeal from the judgment itself.
APPEALS IN GENERAL done but to enforce to be decided upon.
execution
NATURE OF APPEAL Not appealable except
Appealable through a petition for
1. Not a natural right nor a part of due process certiorari under Rule 65
2. It is merely a statutory right, and may be Must clearly and
exercised only in the manner and in accordance distinctly state the law No need to comply with
with provisions of the law. It must comply with and the facts on which such a requirement
the requirements; failing to do so, the right to it is based
appeal is lost
3. Once granted, appeals become part of due An interlocutory order is one that does not finally dispose
process and should be liberally applied in favor of the case, and does not end the court's task of
of the right to appeal adjudicating the parties’ contentions and determining
their rights and liabilities as regards each other, but
obviously indicates that other things remain to be done.
JUDGMENTS AND FINAL ORDERS SUBJECT TO [BPI v. Lee (2012)]
APPEAL; MATTERS NOT APPEALABLE
Rule 41, Sec. 1, as amended by AM 07-7-12-SC (2007) REMEDY AGAINST JUDGMENTS AND ORDERS WHICH
provides: ARE NOT APPEALABLE
1. Appeal may be taken from a judgment or final
order that completely disposes of the case, or of a The aggrieved party may file a special civil action under
particular matter therein when declared by the Rule 65. (Rule 41, Sec. 1)
Rules to be appealable
If uncontested, Any party may appeal APPEAL FROM ORDERS DISMISSING THE CASE
judgment is entered in by filing a petition for WITHOUT TRIAL; LACK OF JURISDICTION (Rule 40,
the book of entries review with the CA
Sec. 8)
Two Scenarios:
WHERE APPEAL IS TAKEN
1. If the MTC dismissed the case without trial on the
It is taken to the RTC exercising jurisdiction over the area merits, the RTC may:
to which the MTC pertains. (Rule 40, Sec. 1) a. AFFIRM, if the ground of dismissal is lack of
jurisdiction over the subject matter
WHEN TO APPEAL (Rule 40, Sec. 2) (1) If the RTC has jurisdiction, it shall try the
1. If by notice of appeal, within 15 days after notice case on the merits as if the case was
to appellant of judgment or final order appealed originally filed therein
from
2. If record of appeal is required, within 30 days b. REVERSE, in which case, it shall remand the
from notice of judgment or final order case for further proceedings
3. Period of appeal shall be interrupted by a timely
motion for new trial or reconsideration 2. If the case was tried on the merits by the MTC
without jurisdiction over the subject matter:
NOTE: The fresh 15 day period rule applies. a. The RTC shall NOT dismiss the case if it has
original jurisdiction
HOW TO APPEAL (Rule 40, Sec. 3) b. If it has original jurisdiction, the RTC shall
decide the case and admit amended
By Notice of Appeal pleadings or additional evidence
1. File a notice of appeal with the trial court that
rendered the judgment or final order appealed APPLICABILITY OF RULE 41 - The other provisions of
from Rule 41 shall apply to appeals provided for herein insofar
2. The notice of appeal must indicate the parties, as they are not inconsistent with or may serve to
the judgment or final order or part thereof supplement the provisions of this Rule.
appealed from; the material date showing
timeliness of appeal
3. A copy served on the adverse party; and
4. Payment in full of docket fees and other lawful
fees
By Record on Appeal
1. Record on appeal is required for the following
cases:
a. Special proceedings
APPEAL FROM THE REGIONAL TRIAL interlocutory orders as are related to the
COURTS (RULE 41) appealed judgment or final order
4. For the proper understanding of the issue
MODES OF APPEAL: There are three modes of appeal involved
from judgments or final orders of the RTC: 5. Together with such data as will show that the
appeal was perfected on time
1. ORDINARY APPEAL or appeal by writ of error,
where judgment was rendered in a civil or Approval of the Record on Appeal (Rule 41, Sec.
criminal action by the RTC in the exercise of its 7) – Upon filing of the record for approval and if
original jurisdiction no objection is filed by the appellee within 5 days
a. This mode of appeal, governed by Rule 41, is from receipt of a copy thereof, the trial court
taken to the CA on questions of fact or mixed may:
questions of fact and law 1. Approve it as presented; or
2. Direct its amendment by the inclusion of any
2. PETITION FOR REVIEW, where judgment was omitted matters which are deemed essential
rendered by the RTC in the exercise of its
appellate jurisdiction Joint Record on Appeal (Rule 41, Sec. 8) – Where
a. This mode of appeal, covered by Rule 42, is both parties are appellants, they may file a joint
brought to the CA on question of fact, of law, record on appeal.
or mixed questions of fact and law
Notice of Appeal – Filed with the court which rendered the Effect of Motions for New Trial and Reconsideration –
judgment or final order appealed from. A copy is served Originally, the period to appeal is interrupted by a timely
on the adverse party. (Rule 41, Sec. 5) motion for new trial and reconsideration. However, with
the Neypes doctrine, a party has a fresh 15-day period
Contents of the Notice of Appeal: from a denial of the motion to perfect an appeal.
1. Parties to the appeal
2. Judgment or final order or part thereof Extension of Period to Appeal
appealed from
3. The court to which the appeal is being taken; Period to appeal may be extended but such extension is
and addressed to the sound discretion of the court (Socco v.
4. The material dates showing the timeliness of Garcia)
the appeal
The mere filing and pendency of motion for extension to
Record on Appeal – Done in special proceedings and other perfect appeal does not suspend the running of the
cases where multiple or separate appeals are allowed. reglementary period (Bello et al., v. Fernandez)
This is filed and served in the same manner as notice of
appeal.
PLEADINGS FILED (See Rule 44, Procedure in the CA)
Contents of the Record (Rule 41, Sec. 6)
1. Full names of all the parties to the Appellant’s Brief
proceedings shall be stated in the caption of 1. Filed within 45 days from receipt of notice of
the record on appeal clerk that all evidence is attached to record
2. It shall include the judgment or final order 2. Follow the Efficient Use of Paper Rule, one
from which the appeal is taken, original properly marked and 2 copies with
3. In chronological order, copies of only such annexes
pleadings, petitions, motions, and all 3. Attach proof of service to adverse party
Grounds for dismissal with respect to appellant’s
brief: Effect of Perfected Appeal
1. Failure to file brief on time 1. In appeals by notice of appeal:
2. Failure to make specific assignment of errors a. Court loses jurisdiction over the case upon
in his brief perfection of appeal filed in due time and
expiration of the time to appeal of the other
Contents: parties
1. Subject index b. NOTE: This rule applies individually and to
2. Assignment of Errors each of the parties since the timeliness of
3. Statement of the Case their recourse for appellate remedy depends
4. Statement of Facts on when they respectively received a copy of
5. Statement of Issues the judgment or final order
6. Arguments
7. Relief 2. In appeals by record on appeal:
8. Copy of judgment or final order appealed a. Court loses jurisdiction only over the subject
from matter thereof upon approval of the records
on appeal filed in due time and the expiration
Appellee’s Brief: of the time to appeal of the other parties
1. Filed within 45 days from receipt of appellant’s b. NOTE: The effect is limited to the subject
brief matter only. Jurisdiction over the case is still
2. Manner of filing is similar to that in appellant’s with the trial court
brief
Residual Powers/Jurisdiction of the RTC – After losing
Contents: jurisdiction but prior to the transmittal of the original
1. Subject index record on appeal, the RTC may:
2. Statement of Facts and Counter-Statement of 1. Order execution pending appeal under Rule 39,
Facts Sec. 2 (motion for execution was filed before
3. Arguments expiration of the period to appeal)
2. To issue orders for preservation of the rights of
Appellant’s Reply Brief the parties which do not involve matters litigated
1. Filed within 20 days from receipt of appellee’s by appeal
brief 3. To approve compromise prior to the transmittal
2. This is not mandatory as it is optional on the part of the record
of the appellant 4. Permit appeal by an indigent
5. Allow withdrawal of the appeal
Extension of Time for Filing Briefs:
1. General rule: Not allowed The concept of residual jurisdiction of the trial court is
2. Exception: For good reasons and only if motion available at a stage in which the court is normally deemed
for extension is filed before expiration of time to have lost jurisdiction over the case or the subject
sought to be extended matter involved in the appeal. There is no residual
jurisdiction to speak of where no appeal or petition has
even been filed (Fernandez v. CA).
PERFECTION OF APPEAL
Payment of Docket Fees (Rule 41, Sec. 4) Duty of Clerk Upon Perfection of Appeal (Rule 41, Sec. 10)
Within 30 days after perfection of all appeals, the RTC
Within the period for taking an appeal, the appellant shall clerk shall:
pay to the clerk of the court which rendered the judgment 1. Verify completeness of original record or record
or final order appealed from, the full amount of the on appeal and make certification as to its
appellate court docket and other lawful fees. Proof of correctness
payment of said fees shall be transmitted to the appellate 2. Verify completeness of records that will be
court together with the original record or the record on transmitted to appellate court
appeal. 3. If found to be incomplete:
a. Take such measures as may be required to
Payment of docket fees in full is mandatory and is a complete records
condition sine qua non for the perfection of an appeal. b. If efforts to complete records fail:
(1) Indicate in his letter of transmittal the
Perfection of Appeal (Rule 41, Sec. 9) exhibits or transcripts not included
1. If appeal is by notice of appeal – it is deemed (2) Reasons for their transmittal
perfected as to him upon the filing of the notice of (3) Steps taken or that could be taken to
appeal in due time have them available
2. If appeal is by record on appeal – it is perfected 4. Transmit the records to appellate court and
as to him with respect to the subject matter furnish the parties with copies of his letter of
thereof, upon approval of the record on appeal transmittal
filed in due time
DISMISSAL OF APPEAL (Rule 41, Sec. 13) PETITION FOR REVIEW FROM THE
REGIONAL TRIAL COURTS TO THE COURT OF
When can the RTC dismiss the appeal?
1. Prior to transmittal of original record to appellate
APPEALS (RULE 42)
court; or
2. Prior to transmittal of record on appeal to the Under this mode of appeal, it is NOT a matter of right but
appellate court is a matter of DISCRETION on the part of the CA on
whether or not to entertain the appeal.
How done: By the court, motu proprio, or on motion to
dismiss appeal by a party Appeal via Rule 42 is proper when one appeals from a
decision of the RTC in the exercise of its APPELLATE
Grounds: jurisdiction.
1. Appeal was taken out of time
2. Non-payment of docket and other lawful fees Appeal under Rule 42 may be on either questions of fact
within the reglementary period or of law or on mixed questions of both
ACTION ON PETITION (Rule 42, Sec. 4) General Rule: Perfected appeal stays the challenged
judgment or final order
The CA may:
1. Require respondent to file a comment on the Exceptions:
petition not a motion to dismiss within 10 days 1. Unless the CA, law, or Rules, provide
from notice; or otherwise
2. Also in civil cases decided under the Rule on
2. Dismiss the petition if it finds the same to be: Summary Procedure; Stay of judgment is not
a. Patently without merit applicable here since these are immediately
b. Prosecuted manifestly for delay; or executory
c. The questions raised therein are too
unsubstantial to require consideration SUBMISSION OF DECISION (Rule 42, Sec. 9)
REMEMBER: Under this Rule, appeal is discretionary on If the petition is given due course
the CA which may give its due course only when the 1. Case may be set for oral argument, or
petition shows prima facie that the lower court has 2. The parties may be required to submit
committed error. memoranda within 15 days from notice
3. Case shall be deemed submitted for decision
COMMENT BY RESPONDENT (Rule 42, Sec. 5) upon filing of last pleading or memoranda
Form of Comment:
1. An original is filed, properly marked, together
with 2 copies with their annexes (Efficient Use of
Paper Rule)
2. Accompanied by certified true copies of such
material portions of the record referred to
therein
3. Together with other supporting papers
4. Copy of the comment served on petitioner
Contents of Comment: The comment shall: Decisions in appeals from courts of general or limited
1. Point insufficiencies or inaccuracies in jurisdiction in election cases relating to the elections,
petitioner’s statement of facts and issues returns, and qualifications of municipal and barangay
2. State reasons why petition should be denied or officials are not appealable. (Rule 37, Sec. 2, COMELEC
dismissed Rules of Procedure)
TRANSMITTAL OF RECORDS (Rule 43, Sec. 11) APPEAL FROM JUDGMENTS OR FINAL ORDERS OF
THE OMBUDSMAN
Within 15 days from notice that petition has been given
due course, the CA may: The following decisions are unappealable:
1. Require court or agency concerned to transmit 1. In administrative cases where respondent is
original or legible certified true copy of entire absolved of the charge
record of proceeding under review 2. In case of conviction, where penalty imposed is
2. Require or permit subsequent correction or public censure or reprimand, or suspension of
addition to record not more than one month or a fine equivalent to
one month salary (AO 7, Rule III, Sec. 7)
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE
CTA NLRC
A party adversely affected by a decision or ruling of the Rule 43, Sec. 2 states that Rule 42 shall not apply to
CTA en banc may file with the Supreme Court a verified judgments or final orders issued under the Labor Code.
petition for review on certiorari pursuant to Rule 45. (Sec.
19, RA 1125 as amended by RA 9282) The law no longer provides for an appeal from decisions
of the LA or from the NLRC. Mode of review from said
decisions is the special civil action for Certiorari under
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE Rule 65 in the CA.
COMELEC
NLRC judgments and final orders or resolutions are now
Unless otherwise provided by law, or by any specific reviewable, in the first instance, by the Court of Appeals
provisions in these Rules, any decision, order or ruling of on certiorari under Rule 65, but those of the Employees
the Commission may be brought to the Supreme Court on Compensation Commission should be brought to the
Court of Appeals through a petition for review under this APPEAL BY CERTIORARI TO THE SUPREME
Rule. Also, appeals from the Office of the Ombudsman in COURT (RULE 45)
administrative disciplinary cases are now covered by this
Rule. [Fabian v. Desierto (1998)]
CERTIORARI AS A MODE OF APPEAL (RULE 45) AND
CERTIORARI AS A SPECIAL CIVIL ACTION (RULE 65)
CERTIORARI AS AN
APPEAL BY CERTIORARI
ACTION
Rule 45 Rule 65
Petition raises the issue as
Based on questions of law
to whether the lower court
which appellant desires
acted without or in excess
the appellate court to
of jurisdiction or with
resolve
grave abuse of discretion
May be directed against an
interlocutory order of the
Involves review of court prior to appeal from
judgment, award or final the judgment or where
order on merits there is no appeal or any
other plain, speedy, or
adequate remedy
May be filed not later than
Must be made within the 60 days from notice of
reglementary period of judgment, order or
appeal resolution sought to be
assailed
Does not stay the
Stays the judgment, challenged proceedings
award, or order appealed (unless a writ of
from preliminary injunction or
TRO is issued)
The parties are the
Petitioner and respondent aggrieved party against the
are original parties to the lower court or quasi-
action judicial agency as
prevailing parties
A filing of a MR is a
Prior filing of MR not condition precedent,
required subject to certain
exceptions
Higher court exercises
Appellate court is in the original jurisdiction under
exercise of appellate its power of control and
jurisdiction and power of supervision over
review proceedings of lower
courts
OUTLINE OF PROCEDURE
conclusive on the court (Boston Bank of the Philippines v.
RTC, Sandiganbayan, CTA en banc, or CA renders a decision Manalo)
Appellant serves copies of petition on adverse parties To appeal under Rule 45, RTC must render judgment in
And to the lower court, the exercise of its original jurisdiction
And pay the corresponding docket fees
If the RTC is in exercise of its appellate jurisdiction,
proper remedy is to appeal to the CA via Rule 42 even if
SC may dismiss the petition or require appellee to comment only questions of law are raised
Time for Filing: 15 days from REVIEW IS DISCRETIONARY (Rule 45, Sec. 6)
1. Notice of judgment, final order, or resolution
appealed from, or Appeal to the SC is NOT a matter of right. It will be
2. Notice of denial of motion for new trial or granted only when there are special and important
reconsideration filed in due time after notice of reasons therefor.
judgment
Some indications of the character of reasons which will be
The Neypes doctrine is also applicable in Rule 45. considered:
1. When the court a quo has decided the question of
Extension of Period: 30 days upon substance, not theretofore determined by the SC,
1. Motion duly filed and served; and or has decided it in a way probably not in accord
2. Payment of docket and lawful fees and deposit with law or with the applicable provisions of the
for costs SC; or
3. And for justifiable reasons 2. Court a quo has so far departed from accepted
and usual course of judicial proceedings, or so far
sanctioned such departure by a lower court, as to
FORM OF PETITION call for an exercise of power of supervision
1. The petition must be VERIFIED
2. Following the Efficient Use of Paper Rule:
a. One original, properly marked, and 4 copies ELEVATION OF RECORDS: (Rule 45, Sec. 8)
b. If the case is referred to En Banc, 10
additional copies is filed If the petition is given due course, the Supreme Court
3. Payment of docket and other lawful fees and may require the elevation of the complete record of the
deposit of P500 for costs is made with the SC case or specified parts thereof within fifteen (15) days
Clerk at the time of filing from notice
4. Proof of service of the petition to the lower court
and adverse party are attached
Other Grounds
1. By agreement of the parties (i.e. amicable
settlement)
2. Where appealed case has become moot or
academic
3. Where appeal is frivolous or dilatory
RULE 37 RULE 38
WHERE FILED
Available BEFORE Available AFTER judgment
judgment becomes final has become final and
Rule 38 is not an independent action but a continuation of
and executory executory
the old case. Hence, it is filed with the same court and
Applies to judgments, final
Applies to judgments or same branch which decided the case.
orders and other
final orders only
proceedings
Grounds: (1) FAME and
GROUNDS: (Rule 38, Sec. 1 and 2)
(2) Newly discovered Ground: FAME
1. When judgment or final order is entered or any
evidence
other proceeding is thereafter taken against
Filed within 60 days from petitioner through FAME
Filed within the time to knowledge of judgment 2. When petitioner has been prevented from taking
appeal and within 6 months from an appeal by FAME
entry of judgment
If denied, order denying a
If denied, order of denial
petition for relief is not PERIOD FOR FILING: (Rule 38, Sec. 3)
is not appealable; hence,
appealable; remedy is 1. Within 60 days after petitioner learns of the
remedy is appeal from
appropriate civil action judgment, final order, or other proceeding to be
judgment
under Rule 65 set aside; AND
Legal remedy Equitable remedy 2. Not more than 6 months after such judgment or
Motion need not be final order was entered, or such proceeding was
Petition must be verified
verified taken
Rule 37 and Rule 38 are EXCLUSIVE remedies. The two periods for the filing of a petition for relief are
not extendible and never interrupted. Both periods must
A party who has filed a timely motion for new trial and/or be complied with. (Phil. Rabbit Bus Lines Inc. v. Ariaga)
reconsideration cannot file a petition for relief after his
motion has been denied. Reckoning points:
1. The 60-day period is reckoned from the time the
A party who has filed a timely motion for new trial or party acquired knowledge of the order, judgment
motion for reconsideration can no longer file a petition or proceeding. Not from the date he actually read
for relief from judgment after his motion has been denied. the same (Perez v. Araneta)
These remedies are mutually exclusive. It is only in 2. 6-months period is computed from the date of
appropriate cases where a party aggrieved by the entry of the order or judgment
judgment has not been able to file a motion for new trial
or motion for reconsideration that a petition for relief can
be filed. (Francisco v. Puno, 1981) FORM AND CONTENTS OF THE PETITION
1. The petition for relief must be verified
2. The petition must be accompanied by an affidavit ANNULMENT OF JUDGMENTS OR FINAL
showing the FAME relied upon; and ORDERS AND RESOLUTIONS (RULE 47)
3. The affidavit of merit accompanying the petition
must also show the facts constituting the Annulment of Judgment is a remedy in law independent
petitioner’s good and substantial cause of action of the case where the judgment sought to be annulled was
or defense as the case may be rendered and may be availed of though the judgment has
been executed.
The absence of an affidavit of merits is a fatal defect and
warrant denial of the petition (Fernandez v. Tan Tiong NATURE
Tick)
The purpose of such action is to have the final and
However, it is not a fatal defect so long as the facts executory judgment set aside so that there will be a
required to be set out also appear in the verified petition renewal of litigation.
(Fabar Inc. v. Rodelas)
Resorted to in cases where ordinary remedies of new
When Affidavit of Merit is not necessary: trial, appeal, petition for relief, or other appropriate
1. When there is lack of jurisdiction over the remedies are no longer available through no fault of
defendant; petitioner
2. When there is lack of jurisdiction over the subject
matter; It is not a mode of appeal but an Independent Civil Action.
3. When judgment was taken by default;
4. When judgment was entered by mistake or was
obtained by fraud; or WHEN PROPER (Rule 47, Sec. 1)
5. Other similar cases.
It is available when the petitioner failed to move for new
trial in, or appeal from, or file a petition for relief against,
ORDER TO FILE ANSWER (Rule 38, Sec. 4) or take other appropriate remedies assailing the
questioned judgment or final order or resolution through
An order to answer shall issue only if petition is sufficient no fault attributable to him
in form and substance.
The remedy may no longer be invoked where the party
If petition is sufficient in form and in substance, the court has availed himself of the remedy of new trial, appeal,
shall issue an order requiring the adverse party to answer petition for relief, or other appropriate remedy and lost
within 15 days from receipt thereof. or where he has failed to avail himself of those remedies
through his fault or negligence
PROCEEDINGS AFTER ANSWER IS FILED (Rule 38, Sec.
6) WHERE FILED
After filing of answer or expiration of the period therefor,
JUDGMENTS, FINAL JUDGMENTS, FINAL
court shall hear the petition.
ORDERS, OR ORDERS, OR
RESOLUTIONS OF THE RESOLUTIONS OF THE
If the court finds that the allegations are not true – Petition
RTC MTC
is dismissed.
Filed with the CA Filed with the RTC
CA has exclusive and
If the court finds that allegations are true: RTC as a court of general
original jurisdiction over
1. It shall set aside the judgment, final order, or jurisdiction under Sec.
said action under Sec. 9
other proceeding complained of upon such terms 19(6) BP 129
(2) of BP 129
as may be just
The CA may dismiss the
2. Thereafter, case shall stand as if such had never The RTC has no such
case outright; it has the
been rendered, issued, or taken discretion, it is required to
discretion on whether or
3. The court shall then proceed to hear and consider it as an ordinary
not to entertain the
determine the case as if timely motion for new civil action
petition
trial or reconsideration has been granted by it
Appeal from an order denying a petition for relief is no Petitioner need not be a party to the judgment sought to
longer available under the present rules. annulled.
The remedy against a denial of a petition for relief is A person who is not a party to the judgment may sue for
certiorari under Rule 65, when proper. its annulment provided that he can prove the same was
obtained through fraud or collusion and that he would be
adversely affected thereby. (Alaban v. CA)
3. Certified true copy of the judgment or final order
GROUNDS (Rule 47, Sec. 2) or resolution shall be attached to the original
copy of the petition
Annulment may be based only on TWO grounds: 4. Affidavits of witnesses or documents supporting
1. Extrinsic Fraud the cause of action or defense; and
2. Lack of Jurisdiction 5. Certificate of non-forum shopping
EXECUTION AS A MATTER OF RIGHT (Rule 39, Sec. 1) NOTE: Execution may only issue upon motion with notice
of hearing.
The finality of judgment has the effect of entitling
prevailing party to execution as a matter of right. It is the Supervening Event Doctrine – A supervening event can be
ministerial duty of the court to do execution. (Herrera) invoked for the modification or alteration of a final
judgment. This refers to:
Execution as a matter of right, TWO INSTANCES: 1. Facts which transpire after judgment has become
1. No appeal has been perfected or period of appeal final and executory. Or
has expired 2. New circumstances which developed after the
2. Appeal has been perfected and finally resolved judgment has acquired finality
3. Matters which the parties were not aware of
How Done: prior to or during the trial as they were not yet in
existence at that time
CASE HOW EXECUTION IS CARRIED 4. The supervening facts or circumstances must
If no appeal has Prevailing party applies by motion either bear a direct effect upon the matters
been perfected, or for a writ of execution which is already litigated and settled or create a
the period of appeal granted by the judge since it is a substantial change in the rights or relations of the
has expired matter of right parties therein which render execution of the
Prevailing party: final judgment unjust or impossible (Lim v.
1. Files a motion in the court Jabalde)
of origin,
2. Submitting certified true
copies of the judgment or DISCRETIONARY EXECUTION (Rule 39, Sec. 2)
final orders sought to be
enforced DISCRETIONARY EXECUTION AS A MATTER
3. Submitting the entry EXECUTION OF RIGHT
If appeal has been
thereof, May issue before the lapse Period to appeal has
perfected and
4. With notice to adverse of period to appeal, and already lapsed and no
finally resolved
party even during appeal appeal is perfected
Appellate court may also direct the Discretionary upon the Ministerial duty of the
court of origin to issue the writ of court court
execution: Upon showing of good Provided there are no
1. Upon motion in the same reason for execution supervening events
case AND
2. When the interest of Under the Rule on Discretionary Execution (also called
justice so requires execution pending appeal), the court rendering the
judgment, if it still has jurisdiction, may exercise
General Rule: It is a matter of right on the part of the discretion and order execution pending appeal.
winning party when the judgment or order becomes
executory. The court cannot refuse execution. It is the execution of a judgment or final order before it
attains finality. The court which rendered the decision can
Exceptions: The issuance of a writ of execution which grant an execution pending appeal if it still retains
issues as a matter of right can be countered in any of the jurisdiction over the case and is in possession of the
following cases records at the time of the filing of the motion; otherwise,
1. ): the motion shall be acted upon by the appellate court.
To be valid, there should be a good reason to justify the
execution of the judgment pending appeal, the same to be Requisites for Discretionary Execution:
stated in the order granting it. 1. There must be a motion filed by prevailing party
with notice to adverse party
2. There must be a hearing of the motion for
Discretionary Execution is NOT applicable in the case of the discretionary execution
Court of Appeals: 3. There must be good reasons to justify the
1. The Rule on Discretionary Execution discretionary execution
contemplates a situation where a judgment or 4. These good reasons must be stated in a special
final order rendered in the exercise of its original order after due hearing
jurisdiction and the prevailing party in said
decision seeks immediate execution during the
pendency of an appeal. Examples of Good Reasons:
2. The CA has no authority to issue IMMEDIATE 1. Where the goods subject of the judgment stand to
EXECUTION PENDING APPEAL OF ITS OWN perish or deteriorate during the pendency of the
DECISIONS THEREIN. appeal (Yasuda v. CA)
3. Discretionary execution is allowed pending 2. The award of actual damages is for an amount
appeal of judgment or final order of the trial fixed and certain (Radio Communications Inc. v.
court upon good reasons to be stated in a special Lantin). But not an award for moral and
order. exemplary damages
3. Insolvency of a defeated party (Hacienda Navarro
A judgment of the CA cannot be executed pending appeal. v. Labrador)
(Heirs of Justice JBL Reyes v. CA, 2000) 4. The prevailing party is of advanced age and in a
precarious state of health and the obligation in
the judgment is non-transmissible, being for
When Proper and How Done support (De Leon v. Soriano)
5. Where defendants were exhausting their income
1. Execution pending appeal – The duration of the and have no other property aside from proceeds
court’s discretionary power to order execution of the property subject in litigation (Lao v.
pending appeal depends on: Mencias)
a. Where the record on appeal is required,
(1) The court loses jurisdiction only over the
subject matter thereof upon approval of The Supersedeas Bond
the record on appeal and expiration of
the time to appeal of the other party Discretionary execution may be stayed upon approval by
the proper court of a sufficient supersedeas bond filed by
b. Where no record on appeal is required, court the party against whom it is directed.
may issue writ of execution before perfection 1. It is conditioned upon the performance of the
of appeal judgment or order allowed to be executed in case
it shall be finally sustained in whole or in part
c. If the court lost jurisdiction, the writ may be 2. Bond may be proceeded against on motion with
issued by the appellate court, as such: notice to surety
CASE HOW EXECUTION IS CARRIED General Rule: The filing of a supersedeas bond is
Prevailing party: sufficient to stay the enforcement of a discretionary
If the trial court still 1. Files a motion with execution.
has jurisdiction over notice to the adverse
the case and is still in party Exception: However, THE FILING OF SUPERSEDEAS
possession of either 2. Motion is filed with the BOND does not entitle the judgment debtor to the
the original record or TRIAL court suspension of execution as a MATTER OF RIGHT. Where
record on appeal 3. Good reasons must be the needs of the prevailing party are URGENT, the Court
shown can order immediate execution despite such
The prevailing party: SUPERSEDEAS BOND. [Regalado]
1. Files a motion with
notice to adverse party If judgment is reversed totally or partially, or annulled –
If the trial court has The trial court may, on motion, issue such orders of
2. Motion is filed with the
lost jurisdiction restitution or reparation of damages as equity and justice
APPELLATE COURT
3. Good reasons must be may warrant under the circumstances
shown
Remedy against Execution pending Appeal – The remedy is
2. Execution of several, separate, or partial certiorari by Rule 65. The appeal could not be an
judgments may also be executed under the same adequate remedy for such premature execution. (Jaca v.
terms and conditions as execution pending Davao Lumber Co.)
appeal.
HOW JUDGMENT IS EXECUTED
Out of the personal
EXECUTION BY MOTION OR BY INDEPENDENT property of obligor
ACTION (Rule 39, Sec. 6)
In case of insufficiency,
Modes of Enforcement of Execution: then out of real property
Manner of Execution
To deliver possession of
the same, describing it, to
If it be for delivery or the party entitled thereto
possession of real or
personal property Then to satisfy any costs,
damages, rents, or profits
covered by the judgment
EXECUTION FOR JUDGMENTS OF MONEY placed under sheriff’s guards. Without valid levy having
been made, any sale of the property thereafter is void.
If the award is for payment of money, execution is
enforced by: (Rule 39, Sec. 9)
1. Immediate payment on demand Conditions to be met before resort to satisfaction by levy:
2. Satisfaction by levy 1. If the judgment obligor cannot pay all or part of
3. Garnishment of debts and credits the obligation then the officer shall levy upon the
properties of the judgment obligor
IMMEDIATE PAYMENT ON DEMAND 2. Characteristics of properties to be levied
a. Properties of every kind and nature
Procedure: whatsoever
1. The officer shall demand from judgment obligor b. Which may be disposed of for value
the immediate payment of the full amount stated c. Not otherwise exempt from execution
in the writ and all lawful fees
Procedure:
2. The judgment obligor shall pay the amount of the 1. The judgment obligor have the option to
judgment debt immediately choose which property or part
a. Payable in Cash, Certified bank check payable thereof may be levied upon, sufficient to satisfy
to judgment obligee, or any other form of judgment
payment acceptable to judgment obligee
(1) In no case shall sheriff demand that any 2. If judgment obligor does not exercise the option:
payment by check be made payable to a. The officer shall first levy on personal
him properties, if any
(2) Amount of judgment under proper b. If personal properties are insufficient, then
receipt directly to the judgment obligee on the real properties
or his authorized representative if
present at time of payment 3. Sheriff shall sell only sufficient portion of
personal or real property of the judgment obligor
b. If judgment oblige or his representative is levied upon
present to receive payment:
(1) Judgment obligor shall delver payment 4. If there is more property than is sufficient to
to executing sheriff satisfy judgment and lawful fees, then sell only so
(2) Sheriff shall turn over the amounts much as is sufficient
within the same day to the clerk which
issued the writ or deposit the amounts
to a fiduciary account in the nearest GARNISHMENT OF DEBTS AND CREDITS
government depository bank of the RTC
of the locality Garnishment is considered as a species of attachment for
reaching credits belonging to the judgment debtor and
3. The judgment obligor shall pay the lawful fees owing to him from a stranger to the litigation
handed over to the sheriff. Sheriff shall turn over
the said amount within the same day to the clerk The Officer may levy on:
that issued the writ 1. Debts due the judgment obligor and other credits,
2. Including bank deposits, financial interests,
4. If there is any excess it shall be delivered to the royalties, commissions,
judgment obligor. Lawful fees shall be retained 3. And other personal property not capable of
by the clerk manual delivery in possession and control of
third parties
Procedure:
1. A writ of execution shall be issued. Attached to
this is a certified copy of the judgment
Examples:
1. A judgment in mandamus to reinstate petitioner
as chief clinic of the hospital (Vital-Gozon v. CA)
2. A judgment directing petitioner to vacate the
land which is a judgment to deliver possession of
real property and not special judgment. No
contempt for refusal (Moslem v. Soriano)
3. A judgment directing defendant to remove a
fence from a certain place is a special judgment
(Marquez v. Marquez)
EFFECT OF LEVY ON THIRD PERSONS PROPERTIES EXEMPT FROM EXECUTION
The levy on execution shall create a lien in favor of the General Rule: Except as otherwise expressly provided by
judgment obligee over the right, title and interest of the law, the following property, and no other, shall be exempt
judgment obligor in such property at the time of the levy, from execution (Rule 39, Sec. 13)
subject to liens and encumbrances then existing. (Rule 39, 1. The judgment obligor's family home as provided
Sec. 12) by law, or the homestead in which he resides, and
land necessarily used in connection therewith;
NOTE: The power of the court in execution extends only
over properties UNQUESTIONABLY belonging to 2. Ordinary tools and implements personally used
judgment debtor. by him in his trade, employment, or livelihood;
A third-person whose property was seized by a sheriff to The right of a third-party claimant to file a terceria is
answer for an obligation of a judgment debtor may invoke founded on his title or right of possession. Corollary
the supervisory power of the court which authorized such thereto, before the court can exercise its supervisory
execution power to direct the release of the property mistakenly
levied and the restoration thereof to its rightful owner,
the claimant must first unmistakably establish his RULES ON REDEMPTION
ownership or right of possession thereon. (Magdalena T.
Villasi v. Filomena Garcia, substituted by his heirs, namely,
Ermelinda H. Garcia, et al, 2014) WHEN AVAILABLE
1. For personal property – there is NO right of
In Spouses Sy v. Hon. Discaya (1990]), SC declared that for redemption as the sale is absolute
a third-party claim or a terceria to prosper, the claimant 2. For real property – right of redemption is
must first sufficiently establish his right on the property available
WHO WHEN
By the JUDGMENT Within 1 year from date of
DEBTOR registration of certificate of sale
By FIRST Within 1 year from date of
REDEMPTIONER registration of certificate of sale
BY ALL Within 60 days from last redemption
SUBSEQUENT PROVIDED that judgment debtor has
REDEMPTIONERS not exercised his right of
redemption 1. Acknowledged by a notary public or other officer
authorized to take acknowledgements of
In all cases, judgment debtor shall have the entire 1 year conveyances of real property
period from date of registration of sale to redeem the 2. Filed and recorded in the registry of deeds of the
property. If judgment debtor redeems, no further place which the property is situated
redemption is allowed (Sec. 29). 3. Registrar must note the record on the margin of
the record of the certificate of sale
NOTE: There is no extension or interruption of
redemption period.
RIGHTS PENDING REDEMPTION (Rule 39, Sec. 31 and
32)
REDEMPTION PRICE
Right of Judgment Creditor Pending Redemption
1. By the Judgment Debtor or First Redemptioner: 1. Apply for injunction to restrain the commission
a. Purchase PRICE of waste on the property
b. 1% INTEREST thereon up to time of
redemption Rights of the Judgment Debtor Pending Redemption
c. Any amount of ASSESSMENTS OR TAXES 1. Remain in possession of the property
which purchaser may have paid after 2. Cannot be ejected
purchase as well as interest on such last 3. Use the property in the same manner it was
named amount at the same rate previously used
d. If purchaser is also a creditor having a PRIOR 4. Make necessary repairs to buildings thereon
LIEN to that of redemptioner, other than the while he occupies the property
judgment under which such purchase was 5. Use it in the ordinary course of husbandry (Sec.
made, the AMOUNT of such OTHER LIEN, 31); and
also with interest 6. Collect rents, earning and income derived from
property until the expiration of period of
2. By all Subsequent Redemptioners redemption
a. AMOUNT paid on last redemption
b. 2% INTEREST thereon
c. Any amount of ASSESSMENTS OR TAXES EXPIRATION OF REDEMPTION PERIOD (Rule 39, Sec.
which purchaser may have paid after 33)
purchase as well as interest on such last
named amount at the same rate Judgment obligor shall have the entire period of ONE
d. Amount of any LIENS held by said last YEAR from date of registration of sale to redeem the
redemptioner prior to his own, also with property
interest
Entitlement to a CONVEYANCE and POSSESSION:
NOTE: The redemption price for subsequent redemption 1. To the PURCHASER
shall be the same, so the price becomes higher and higher. If there is no redemption made within 1 year
from date of registration of the certificate of
sale
EFFECT OF REDEMPTION BY THE JUDGMENT 2. To the LAST REDEMPTIONER
OBLIGOR (Rule 39, Sec. 29) If there was redemption, and 60 days have
elapsed and no other redemption has been
If Judgment debtor redeems the property: made
1. No further redemption is allowed Notice must have been given, and the
2. He is restored to his estate redemption period has elapsed
When a judgment debtor redeems the property, what is Two Documents which the Sheriff Executes in case of Real
effected is the elimination of the lien created by the levy Property
on attachment or judgment on the registration of 1. CERTIFICATE OF SALE
mortgage thereon. Note that he never lost ownership so After auction sale, he will execute in favor of
there is no recovery of ownership. the purchaser the certificate of sale under
Sec. 25
Payments mentioned in Sec. 28 and 29 may be made to the: From registration of said certificate, the one
1. Purchaser, or year redemption period starts
2. Redemptioner, or Certificate of sale after execution sale is
3. For him to the officer who made the sale merely a memorial of the fact of sale and
does not operate as conveyance
The person to whom redemption payment is made must
execute and deliver to him a CERTIFICATE OF 2. DEED OF CONVEYANCE
REDEMPTION Issued if after expiration of redemption
period there is no redemption
Operates to transfer to purchaser whatever b. Where? Before a judge or commissioner
rights the judgment debtor had in the appointed by him at a time and place where
property such debtor resides or is found
The effect of a final deed of sale transfers the c. Effect: Service of order shall bind all credits
right as of the time of the levy due to judgment debtor and all money and
property
d. This rule is not applicable if there is no issue
RECOVERY OF PRICE IF SALE IS NOT EFFECTIVE (Rule concerning the indebtedness of the person
39, Sec. 34)
3. SEC. 37 – If after examination, court finds
Purchaser may recover the purchase price WHEN: property of the judgment debtor, either in his
1. Purchaser or his successor-in-interest fails to own hands or that of any a person, court may
recover possession the property; or order the property applied to the satisfaction of
2. Evicted due to: judgment
a. Irregularities in the proceedings concerning a. SEC. 39 - Note that the person indebted to
the sale; or judgment obligor may pay to the sheriff
b. Judgment has been reversed or set aside; or holding the writ the amount of his debt or so
c. The property sold was exempt form much thereof as may be necessary to satisfy
execution; or the judgment
d. A third person has vindicated his claim to the
property 4. SEC. 38 – A party or other person may be
compelled to attend before the court or
Remedies of the Purchaser commissioner to testify as provided in Sec. 36
1. File a motion in the same action or file a separate and 37
action to recover from judgment creditor the a. This must be done by order of the court or by
price paid subpoena
2. File a motion for revival of judgment in his name b. Failure to obey: Contempt
against judgment debtor; or c. All examinations and answers must be under
3. Bring an action to recover possession of property oath
Effect of revived judgment – it has the same force and 5. SEC. 40 – Order for application of property and
effect as an original judgment would have as of the date of income to satisfaction of judgment
revival and no more a. Court may order any property of judgment
debtor, or any money due him, or in the
hands of another to be applied to the
REMEDIES OF JUDGMENT CREDITOR IN AID OF satisfaction of judgment
EXECUTION OR IF JUDGMENT IS NOT FULLY b. If the court finds the earning of the judgment
SATISFIED (Rule 39, Sec. 36 – 43) debtor for his personal services are MORE
than sufficient for his family’s needs, it may
1. SEC. 36 – If execution is returned unsatisfied, he order payment in FIXED MONTHLY
may cause examination of the judgment debtor as INSTALLMENTS
to his property and income c. Failure to do so: Punish for contempt
a. When: At any time after return is made
b. The court issues an order requiring the 6. SEC. 41 – Appointment of a Receiver
judgment debtor to appear and be examined a. Court may appoint a receiver for the
c. Limitations on examination: property of judgment debtor not exempt
(1) Judgment debtor cannot be made to from execution
appear before a judge or commissioner b. Court may also forbid disposition or
outside the province where debtor interference with the property
resides
(2) He may no longer be examined after 7. SEC. 42 – Sale of Ascertainable Interest of
lapse of 5 years within which a judgment Judgment Obligor in Real Estate by Receiver
may be enforced by motion for execution a. Requisites:
(Umali v. Coquia) (1) The court finds that the judgment debtor
has an ascertainable interest in real
2. SEC. 37 – He may cause examination of the property
debtor of the judgment debtor as to any debt (2) Such interest can be ascertained without
owed by him or to any property of the judgment controversy
debtor in his possession b. If the requisites are met, the court can order
a. Requisites: the sale of such interest. Procedure is the
(1) The writ must be returned unsatisfied; same as in sale of real estate upon execution
and
(2) Proof that person, corporation, or other 8. SEC. 43 – Institution of an action to recover
legal entity has property of such property
judgment debtor or is indebted to him
a. If person alleged to have property of EFFECT OF JUDGMENT OR FINAL ORDERS
judgment debtor or person indebted to him,
claims an adverse interest in the property or Rule 39, Sec. 47 refers to judgments which are considered
denies his debt as conclusive and may be rebutted directly by means of
b. Court may authorize judgment creditor to relief from judgment or annulment of judgment or
bring an action to recover the property, indirectly by offering them in evidence under the parole
forbid its transfer evidence rule.
c. Action must be instituted within 120 days
from notice of order Immutability of Judgments - Once a judgment attains
d. Failure is contempt finality it thereby becomes immutable and unalterable
e. Such order may be modified or vacated at
any time by the court
DUAL ASPECT OF RES JUDICATA
IN REM IN PERSONAM
(Paragrah A) (Paragraph B)
The judgment or final
order is CONCLUSIVE as
Decision is CONCLUSIVE
between parties and their
upon title the thing, will or
successors in interest,
administration of
litigating for the same
condition, status or
thing and under the same
relationship of the person
title an in the same
capacity
e.g. land registration e.g. accion reinvindicatoria
Requisites:
1. A FINAL judgment or order
2. JURISDICTION over the subject matter and the Issue Preclusion – The first judgment precludes the re-
parties by the court rendering it litigation of a particular fact or issue in another action
3. Judgment UPON MERITS between the same parties on a different cause of action.
4. Between the TWO CASES, there is:
a. IDENTITY OF PARTIES Requisite: Identity of ISSUES
b. IDENTITY OF SUBJECT MATTER
c. IDENTITY OF CAUSE OF ACTION
RES JUDICATA v. LAW OF THE CASE v. STARE DECISIS
General Rule: For res judicata to apply, trial must be made
on the merits of the case. Stare Decisis - When the SC has laid down a principle of
law applicable to a certain state of facts, it will adhere to
Exception: Section 3, Rule 17 of ROC: If plaintiff fails to that principle and apply to it all future cases where the
appear at the time of the trial , or to prosecute his action facts are substantially the same
for an unreasonable length of time, or to comply with
these rules or any order of the court, the action may be Doctrine of the Law of the Case - Whatever is once
dismissed upon motion of the defendant or upon the irrevocably established as the controlling legal rule or
court's own motion . This dismissal shall have the effect of decision between the same parties in the case continues
an adjudication upon the merits , unless otherwise to be the law of the case whether correct on general
provided by court. [Development Bank v. CA] principles or not, so long as the facts on which such
decision was predicated continue to be the facts of the
Res Judicata in Judgments in Rem case before the court.
CONCLUSIVENESS OF JUDGMENT
NATURE EFFECT
In judgments against a Judgment is CONCLUSIVE
specific thing (in rem) upon the title to the thing
Judgment is PRESUMPTIVE
evidence of a right as
In judgments against a
between parties and their
person (in personam)
successors-in-interest by a
subsequent title
Orders granting or denying provisional remedies are GROUNDS FOR ISSUANCE (Rule 57, Sec. 1)
merely interlocutory and cannot be the subject of an
appeal. They may however be challenged before a There are only specific situations where preliminary
superior court through a petition for certiorari under Rule attachment may issue. The grounds are EXCLUSIVE:
65.
1. Action for recovery of a specified amount of
The Provisional Remedies under the Rules of Court money or damages, EXCEPT moral and
1. Preliminary Attachment (Rule 57) exemplary,
2. Preliminary Injunction (Rule 58) a. On a cause of action arising from law,
3. Receivership (Rule 59) contract, quasi-contract, delict, or quasi-
4. Replevin (Rule 60) delict
5. Support Pendente Lite (Rule 61) b. Against a party who is about to depart from
the Philippines with intent to defraud his
NOTE: The enumeration above is not exclusive. The creditors;
court may invoke its equity jurisdiction and order the
appropriate reliefs during the pendency of an action 2. Action for money or property, embezzled or
fraudulently misapplied or converted to his own
use by either:
JURISDICTION OVER PROVISIONAL a. A public officer, an officer of a corporation,
REMEDIES an attorney, factor, broker, agent, or clerk, in
the course of his employment as such,
The court which grants or issues a provisional remedy is b. OR by any other person in a fiduciary
the court which has jurisdiction over the main action. capacity, or for a willful violation of duty;
Inferior courts may also grant all appropriate provisional 3. Action to recover the possession of property
remedies in an action pending with it and is within its unjustly or fraudulently taken, detained or
jurisdiction (Sec. 33, (1), BP 129) converted,
a. 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;
Note: the rule also refers to persons on NOTE: For the initial two stages, it is not
whom summons may be served by necessary that jurisdiction over person of
publication and against whose property, defendant be first obtained
preliminary attachment may be availed
of such as: However, once implementation of writ
(1) Residents defendants whose identity commences, court must have acquired
or whose whereabouts are unknown jurisdiction over the defendant for without such
[Rule 14, Sec. 14] jurisdiction, the court has no power or authority
(2) Resident defendants who are to act
temporarily out of the country [Rule
14, Sec. 16] Issuance of the Order of Attachment
1. The order may be issued either:
a. Ex parte (service of summons to defendant
REQUISITES FOR PRELIMINARY ATTACHMENT TO required)
ISSUE: b. Or upon motion with notice and hearing
1. The case must be any of those where preliminary 2. The order is issued by the court in which the
attachment is proper (Sec. 1, Rule 57) action is pending or the CA, or the SC
2. Applicant must file a motion whether ex parte or
with notice and hearing Contents of the Order of Attachment:
3. Applicant must show by affidavit that there is no 1. It must require the sheriff to attach so much of
sufficient security for the claim sought to be the property of the party against whom it is
enforced and that the amount claimed in the issued as may be sufficient to satisfy applicant’s
action is as much as the sum of which the order is demand
granted above all counterclaims a. Property must be within the Philippines
4. Applicant must post a bond executed to adverse b. And it must not be exempt from execution
party
2. It shall contain an amount for the attachment
A writ of preliminary attachment is too harsh a bond:
provisional remedy to be issued based on a. The amount sufficient to satisfy the
mere abstractions of fraud. Rather, the rules require that applicant’s demand, or
for the writ to issue, there must be a recitation of clear b. The value of the property to be attached as
and concrete factual circumstances manifesting that the stated by applicant
debtor practiced fraud upon the creditor at the time of the
execution of their agreement in that said debtor had a
preconceived plan or intention not to pay the creditor. AFFIDAVIT AND BOND (Rule 57, Sec. 3 and 4)
[Equitable v. Special Steel (2012)]
For the writ to issue, the applicant must submit an
affidavit and post bond. The affidavit and bond required
ISSUANCE AND CONTENTS OF ORDER OF must be duly filed with the clerk before order issues
ATTACHMENT (Rule 57, Sec. 2)
Contents of the Affidavit: The affidavit must establish:
When may one apply: A preliminary attachment may be 1. A sufficient cause of action exists
applied for 2. Cause is one of those mentioned in Sec. 1
1. At the commencement of the action or 3. No other sufficient security for the claim sought
2. At any time before the entry of judgment. to be enforced by action
4. Amount due to applicant or possession of which
Who may apply: It may be applied for by the plaintiff OR is entitled to recover is as much as the sum for
any proper party (including a defendant who filed a which the order is granted above all legal
counterclaim, cross-claim, or a third party complaint) counterclaims
Methods to Procure Preliminary Attachment: Applicant’s Bond: The party applying for the order must
1. Writ may be prayed for in the complaint itself give a bond executed to the adverse party
providing the allegations warranting its issuance 1. Amount is fixed by the court in its order granting
the issuance of the writ
2. Conditioned that, if the court shall finally adjudge 2. Personal property capable of manual delivery
that applicant was not entitled to the writ, the a. Issue a corresponding receipt therefor
bond will pay: b. Then sheriff takes it and safely keeps it in his
a. All costs which may be adjudged to adverse custody
party and
b. All damages which he may sustain by reason 3. Stocks or Shares, or an Interest therein, of any
of attachment corporation or company
a. Leave a copy of the writ and a notice stating
The bond shall only be applied to all damages sustained that these properties are attached in
due to the attachment. It cannot answer for those that do pursuance of such writ
not arise by reason of the attachment [Riano]. b. Leave these documents with the president,
or managing agent thereof
THE RULE ON PROR OR CONTEMPORANEOUS SERVICE 4. Debts, credits, bank deposits, financial interest,
OF SUMMONS royalties, commissions and other personal
property not capable of manual delivery
General Rule: A writ of attachment may be issued ex parte 1. Leave a copy of the writ and a notice that the
even before the summons is served upon the defendant. debts owing, credits, and other personal
BUT a writ may not be implemented until jurisdiction property are attached in pursuance of such
over the person is acquired by service of summons. writ
Otherwise, the implementation is null and void. [Riano] 2. Leave these documents with:
a. The person owing such debts, or
Exceptions to Contemporaneous Service of Summons: [Rule b. Having in his possession or under his
57, Sec. 5] control, such credits or other personal
1. Summons could not be served personally or by property, or
substituted service despite diligent efforts, or c. With his agent
2. Defendant is a resident of the Philippines
temporarily absent therefrom, or 5. The interest of the party against whom
3. Defendant is a non-resident, or attachment is issued in property belonging to the
4. The action is in rem or quasi in rem. estate of decedent, whether as heir, legatee, or
devisee
a. By service of a copy of the writ, and notice
MANNER OF ATTACHING PROPERTY (Rule 57, Sec. 5) that said interest is attached
b. Service is made to:
The sheriff enforcing the writ shall attach only so much of (1) The executor, or administrator, or
the property in the Philippines of the adverse party not (2) Other personal representative of the
exempt from execution as may be sufficient to satisfy the decedent
applicant’s demand, UNLESS c. Copy of the writ and notice:
1. Party against whom writ is issued makes a (1) Shall be filed with the clerk in which said
deposit with the court from which the writ is estate is being settled, and
issued, or (2) Served upon the heir, legatee, or devisee
2. He gives a counter-bond executed to the concerned
applicant
Property in custodia legis may be attached by:
1. Filing a copy of the writ of attachment with the
ATTACHMENT OF REAL AND PERSONAL PROPERTY proper court or quasi-judicial agency
(Rule 57, Sec. 7) 2. Serving a notice of attachment upon the
custodian of the property [Rule 57, Sec. 7]
1. Real property, or growing crops thereon, or any
interest therein A previously attached property may also be subsequently
a. File with the Registry of Deeds: attached. But the first attachment shall have priority over
(1) A copy of the order together with a subsequent attachments. [Riano]
description of the property
(2) And a notice that the property is
attached PROCEEDINGS WHERE ATTACHED PROPERTY IS
b. The registrar of deeds must index CLAIMED BY THIRD PERSON
attachments in the names of the applicant,
adverse party, or person by whom the A third person who has a claim to the property attached
property is held or in whose name it stands may avail of the following remedies:
in the records
c. If attachment is not claimed on the entire 1. File terceria or third-party claim (Rule 57, Sec. 14)
area of land, description sufficiently accurate a. Note that a third-party claim may be filed
for identification of such shall be included in with the sheriff while has possession of the
the registration
properties levied upon, this being the only adjudge that applicant was not entitled thereto
time fixed for the purpose (Sec. 4)
b. The claimant makes an affidavit of his title or 3. Until that determination is made, as to applicant’s
right to possession, stating the grounds of entitlement to attachment, his bond must stand
such right or title. The affidavit must be and cannot be withdrawn
served upon the sheriff
c. Substantial identical procedure as in terceria
in Rule 39, Sec. 16 SATISFACTION OF JUDGMENT OUT OF PROPERTY
ATTACHED (Rule 57, Sec. 15)
2. File independent action to recover property; or
Procedure:
3. File motion for intervention 1. Pay to judgment obligee the proceeds of sale of
a. This is available only before judgment is perishable property
rendered 2. If there is any balance that remains due, sell
property as may be necessary to satisfy the
balance if enough remains in the sheriff or those
DISCHARGE OF ATTACHMENT AND COUNTER-BOND of the clerk
3. Collection of property of garnishee and proceeds
After a writ of attachment has been enforced, the party paid to judgment oblige without need of prior
whose property has been attached, or the person permission to file action but may be enforced in
appearing on his behalf, may move for the discharge of the same action
the attachment wholly or in part on the security given. 4. Return must be made within 10 days from
receipt of writ
Ways of Discharging Attachment
1. Counterbond under Sec. 12
2. Motion for Discharge under Sec. 13
TRO v. Injunction
KINDS OF INJUNCTION
Kinds of Injunction:
TRO
Injunction 1. Preliminary Preventive Injunction – Prohibits the
performance of a particular act or acts
May be granted ex parte if
great and irreparable Cannot be granted without
2. Preliminary Mandatory Injunction – Requires the
injury would result notice and hearing
performance of a particular act or acts. This is an
otherwise
extreme remedy which will be granted only on
showing that:
A TRO is issued in order to preserve the status quo until
a. The invasion of the right is material and
the hearing of the application for preliminary injunction.
substantial
[Bacolod City Water v. Labayen (2004)]
b. Right of complainant is clear and
unmistakable
Same requirements for application as preliminary
c. There is an urgent and paramount necessity
injunction.
PRELIMINARY
An application for a TRO shall be acted upon only after all PRELIMINARY
PROHIBITORY
parties are heard in a summary hearing, which shall be MANDATORY INJUNCTION
INJUNCTION
conducted within 24 hours after the sheriff's return of
Purpose is to prevent a
service and/or the records are received by the branch Purpose is to require a
person from the
selected by raffle. [Rule 58, Sec.4 person to perform a
performance of a
particular act
particular act
Status Quo Order v. Injunction The act had not yet been The act has already been
performed performed and this act has acts probably in violation of the rights of the
violated the rights of applicant respecting the subject of the action or
another proceeding
Status Quo is preserved Status Quo is restored
When preventive injunction does not lie; examples: GROUNDS FOR OBJECTION TO, OR FOR MOTION OF
1. To restrain collection of taxes [Valley Trading v. DISSOLUTION OF, INJUNCTION OR RESTRAINING
CA](1989), except where there are special ORDR (Rule 58, Sec. 6)
circumstances that bear the existence of
irreparable injury. [Churchill & Tait v. Rafferty Grounds for objection or dissolution
(1915)] 1. Upon showing of its insufficiency
2. To restrain the sale of conjugal properties where
the claim can be annotated on the title as a lien, 2. Other grounds upon affidavits of the party or
such as the husband’s obligation to give support. person enjoined. This may be opposed by the
[Saavedra v. Estrada (1931)] applicant by affidavits
3. To restrain a mayor proclaimed as duly elected
from assuming his office. [Cereno v. Dictado 3. If it appears after hearing that although applicant
(1988)] is entitled to injunction or TRO, the issuance or
4. To restrain registered owners of the property continuance thereof, would cause irreparable
from selling, disposing and encumbering their damage to party enjoined while applicant can be
property just because the respondents had fully compensated for such damages as he may
executed Deeds of Assignment in favor of suffer
petitioner. [Tayag v. Lacson (2004)] a. PROVIDED that he files a bond
5. Against consummated acts. [PNB v. Adi (1982); (1) Amount to be fixed by the court
Rivera v. Florendo (1986); Ramos, Sr. v. CA (2) Conditioned that he will pay all damages
(1989)] which the applicant may suffer by denial
or dissolution of the injunction or TRO
When mandatory injunction does not lie; examples
1. To compel cohabitation [Arroyo v. Vasquez If it appears that the extent of the preliminary injunction
(1921)] or restraining order granted is too great, it may be
2. Cancellation of attachment [Levy Hermanos v. modified.
Lacson (1940)]
3. Release imported goods pending hearing before
the Commissioner of Customs. [Commissioner of TEMPORARY RESTRAINING ORDER (TRO)
Customs v. Cloribel (1967)]
4. To take property out of the possession or control General Rule: Before preliminary injunction may be
of one party and place it into that of another granted, there must be prior notice to person sought to be
whose title has not clearly been established [Pio enjoined and there must be a hearing
v. Marcos (1974)]
Procedure: When an application for a writ of preliminary
injunction or TRO is included in a complaint or initiatory
WHEN WRIT MAY BE ISSUED pleading, the case, if filed in a multiple-sala, shall proceed
as follows:
When: It may be issued at ANY stage PRIOR to the 1. Verified complaint and bond is filed
judgment or final order 2. Determine if there is great or irreparable injury
or extreme urgency, which warrants the issuance
Who: It may be granted by the court where the action or of a TRO
proceeding is pending. If the action or proceeding is a. If yes, go to Procedure for Issuance of TRO
pending in the Court of Appeals or in the Supreme Court, 3. In both cases, Notice shall then be served to the
it may be issued by said court or any member thereof. party sought to be enjoined
(Rule 58, Sec. 2) (a) There must be prior and contemporaneous
service of summons (exceptions also apply)
NOTE: The writ of replevin may be served anywhere in SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE
the Philippines. WRIT
Definition - A remedy whereby a person who has property 2. Upon filing of complaint, the court issues an
in his possession or has an obligation to render wholly or Order (Sec. 2) requiring conflictng claimants to
partially, without claiming any right in both, comes to interplead with one another
court and asks that the defendants who have made
conflicting claims upon the same property or who 3. Summons shall then be served upon the
consider themselves entitled to demand compliance with conflicting claimants with a copy of the complaint
the obligation be required to litigate among themselves in and the order to interplead (Sec. 3).
order to determine who is entitled to the property or
payment or the obligation [Beltran v. PHHC, (1969)] 4. Each claimant has a 15-day period to file: (Sec. 4)
a. An answer
The peculiar characteristic of an interpleader is that there b. A motion to dismiss. If filed, period to answer
is NO CAUSE OF ACTION on the part of the plaintiff but is filed
only a threat of cause of action. a. Grounds:
(1) Same as in Rule 16
Purposes (2) Impropriety of interpleader action
1. To compel conflicting claimants to interplead and b. If motion is denied, movant may file his
litigate their several claims among themselves. answer within the remaining period but
[Rule 62, Sec. 1] it shall not be less than 5 days in any
2. To protect a person against double vexation in event from notice of denial
respect of one liability [Beltran, supra]
5. From service of Answer, the claimants may file
their Reply serving copies to all parties. Parties
REQUISITES FOR INTERPLEADER may file counterclaims, cross-claims, third-party
complaints, responsive pleadings
1. The plaintiff clams no interest in the subject
matter or his claim thereto is not disputed EFFECT OF FAILURE TO ANSWER: Default.
2. The parties to be interpleaded must make a. The claimant may be declared, on motion, in
effective claims default
3. There must be at least 2 or more conflicting b. Unlike ordinary default, default in
claimants with adverse or conflicting interests to interpleader allows the court to render
a property in custody or possession of the judgment barring him from any claim in
plaintiff; and respect to the subject matter
4. The subject matter must be one and the same
6. Pre-trial is conducted.
NOTE: Interpleader applies regardless of nature of subject
matter. 7. After all pleadings have been fled, the court shall
then determine the respective rights and
Cannot be availed of to resolve the issue of breach of adjudicate their several claims (Sec. 6)
undertakings made by defendants, which should be
resolved in an ordinary action for specific performance or
other relief [Beltran, supra].
WHEN TO FILE
Note: The enumeration of the subject matter is 1. Subject matter of controversy must be a deed,
EXCLUSIVE will, contract, or other written instrument,
statute, executive order or regulation, or
Issue is the validity or construction of the subject matter ordinance. (Enumeration is exclusive)
Relief: declaration of the petitioner’s rights and duties 2. Actual justiciable controversy or “ripening seeds”
of one between person whose interests are
Purpose: To relieve the litigants of the common law rule adverse
that no declaration of rights may be judicially adjudged
unless a right has been violated and for the violation of 3. No breach of documents in question
which relief may be granted.
4. Doubtful as to the terms and validity of the
Characteristics document and require judicial construction
1. The concept of a cause of action is not applicable
to declaratory relief since this SCA presupposes 5. Issue is ripe for judicial determination, as where
that there has been no breach or violation of the all administrative remedies have been exhausted
2. instruments involved
3. Unlike other judgments, judgment in an action for 6. Adequate relief is not available through other
declaratory relief does not essentially entail any means or other forms of action or proceeding
execution process
WHEN COURT MAY REFUSE TO MAKE JUDICIAL
WHO MAY FILE THE ACTION (Rule 63, Sec. 1) DECLARATION
1. Any person interested under a deed, will, Court has DISCRETION to REFUSE to Grant Declaratory
contract or other written instrument Relief when: (Rule 63, Sec. 5)
a. He must file before breach 1. The decision will not terminate the controversy
or uncertainty giving rise to the action; or
2. Any person whose rights are affected by a 2. The declaration or constitution is not necessary
statute, executive order or regulation, or and proper under the circumstances
ordinance, or any other governmental regulation
a. He must file before violation How Done: Motu proprio, or on motion
1. All persons who have or claim any interest which When proper: If before the final termination of the case, a
would be affected by the declaration [Rule 63, breach or violation of the instrument or status occurs.
Sec. 2] Then, petition is converted into an ordinary action
2. If action involves the validity of a
statute/executive order/regulation/other Effect of Conversion: Parties shall be allowed to file such
governmental regulation, the Solicitor General pleadings as may be necessary or proper
shall be notified. [Rule 63, Sec. 3]
3. If action involves the validity of a local NOTE: If there has been breach or violation BEFORE filing
government ordinance, the prosecutor/attorney of the petition, declaratory relief cannot be availed of.
of the LGU involved shall be notified. [Rule 63,
Sec. 4] PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES
Non-joinder of interested persons is not a jurisdictional Actions similar to Declaratory Relief and may be brought
defect; but persons not joined shall not be prejudiced in under Rule 63: (may be filed with the MTC)
their interests unless otherwise provided by the Rules. 1. Action for reformation (See Art. 1359-1369 Civil
(Baguio Citizens Action v. City Council of Baguio, 1983) Code)
2. Action to quiet title or remove cloud (See Art.
WHERE TO FILE 476-481 Civil Code)
3. Action to consolidate ownership (See Art. 1607
Civil Code)
REVIEW OF JUDGMENTS AND FINAL ORDERS
These remedies are considered similar to declaratory OR RESOLUTION OF THE COMELEC AND COA
relief because they also result in the adjudication of the
legal rights of the litigants often without the need of
execution to carry the judgment into effect SCOPE (Rule 64, Sec. 1)
However we must make a distinction: Applicable only to judgments and final orders of the
1. In those cases similar to declaratory relief, the COMELEC and COA [Rule 64, Sec. 1]
court is BOUND to render judgment
2. In actions for declaratory relief, the court MAY Judgments/orders of the Civil Service Commission are
REFUSE to exercise the power to declare rights now reviewable by the Court of Appeals under Rule 43,
and to construe instruments eliminating recourse to the Supreme Court (SC). [RA 7902;
SC Revised Administrative Circular No. 1-95]
PROCEDURE
PURPOSE: PURPOSE:
PURPOSE To have For respondent
To annul or respondent to: (1) Do the
nullify a desist from act required,
proceeding further and (2) Pay
proceeding damages
Covers
Covers
discretionary Covers
discretionary
and ministerial ministerial acts
acts
acts
Negative and
Corrective
Preventive This remedy is
remedy
remedy affirmative or
To correct
To restrain or positive
usurpation of
prevent the said or negative
jurisdiction
usurpation
INJUNCTION PROHIBITION
Ordinary civil action Special civil action
Directed only to the party Directed to the court itself,
litigants, without in any commanding it to cease
manner interfering with from the exercise of a respondent without respondents
the court jurisdiction to which it has impleading the lower
no legal claim court or its judge
May be filed with the SC,
Filed only with the SC
INJUNCTION MANDAMUS CA, Sandiganbayan, RTC
Ordinary civil action Special civil action SC may deny the decision
Directed against a tribunal, motu proprio on specific
Directed against a litigant corporation, board, or grounds
officer
Purpose is to either NOTE: An original action for Certiorari, Prohibition, or
Purpose is for the tribunal, Mandamus, is an Independent Action, as such:
refrain the defendant from
corporation, board, or 1. Does not interrupt the course of the principal
performing an act or to
officer, to perform a action
perform not necessarily a
ministerial and legal duty 2. Does not affect the running of the reglementary
legal and ministerial duty
periods involved in the proceedings
3. Does not stay the execution of judgment unless a
Certiorari as a Mode of Appeal and as a Special Civil Action TRO or writ of preliminary injunction has been
issued
CERTIORARI AS A MODE CERTIORARI AS A SPECIAL
OF APPEAL (Rule 45) CIVIL ACTION (Rule 65)
A continuation of the ACQUISITION OF JURISDICTION
An original action and not
appellate process over the
a mode of appeal In original actions for Certiorari, Prohibition, Mandamus,
original case
May be directed against an when does the court acquire jurisdiction over the person
interlocutory order of the of the respondent? IT DEPENDS:
Seeks to review final court or where no appeal 1. IF ACTION IS FILED WITH THE RTC - We follow
judgment or final orders or plain or speedy remedy rules on ordinary civil actions. Jurisdiction is
is available in the ordinary acquired by:
course of law a. Service of summons to respondent or
Raises questions of b. By his voluntary appearance in court
jurisdiction – that is,
whether a tribunal, board 2. IF ACTION IS FILED WITH THE CA OR SC - Court
or officer exercising acquires jurisdiction over respondents by:
judicial or quasi-judicial a. Service on them of its orders indicating its
Raises only questions of initial action on the petition or
functions has acted
law b. By their voluntary submission to such
without jurisdiction or in
excess of jurisdiction or jurisdiction
with grave abuse of
discretion amounting to
lack of jurisdiction REQUISITES
Filed not later than 60
days from notice of Requisites of Certiorari:
Filed within 15 days from 1. There must be a controversy
judgment, order, or
notice of judgment or final 2. Respondent is exercising judicial or quasi-judicial
resolution sought to be
order appealed from, or of function
assailed and in case a
the denial of petitioner’s 3. Respondent acted without or in excess of its
motion for reconsideration
motion for jurisdiction or acted with grave abuse of
or new trial is timely filed,
reconsideration or new discretion amounting to lack of jurisdiction; and
the 60-day period is
trial 4. There must be no appeal or other plain, speedy,
counted from notice of
said denial and adequate remedy
Extension of 30 days may
Extension no longer Requisites of Prohibition:
be granted for justifiable
allowed 1. There must be a controversy
reasons
2. Respondent is exercising judicial, quasi-judicial,
Does not require a prior Motion for reconsideration
or ministerial functions
motion for is a condition precedent,
reconsideration subject to exceptions 3. Respondent acted without or in excess of its
jurisdiction or acted with grave abuse of
Does not stay the
discretion amounting to lack of jurisdiction; and
Stays the judgment judgment or order subject
4. There must be no appeal or other plain, speedy,
appealed from of the petition, unless
and adequate remedy
enjoined or restrained
Parties are the original The tribunal, board,
Requisites of Mandamus:
parties with the appealing officer, exercising judicial
1. There must be a clear legal right or duty
party as the petitioner and or quasi-judicial functions
the adverse party as the is impleaded as
If there is discretion as to the taking or non-
taking of the action sought, there is no clear The office of prohibition is not to correct errors of
legal duty, and mandamus will not lie judgment but to prevent or restrain usurpation by
inferior tribunals and to compel them to observe the
2. The act to be performed must be practical limitation of their jurisdictions. (Herrera)
Within the powers of the respondent to
perform such that if the writ of mandamus General Rule: Prohibition does NOT ordinarily lie to
was issued, he can comply with it, or else the restrain an act which is already fait accompli.
essence will be defeated
3. Respondent must be exercising a ministerial duty Exception: Writ of prohibition will lie to prevent the
A duty which is absolute and imperative and unlawful creation of a new province by those in the
involves merely its execution corridors of power who could avoid judicial intervention
4. The duty or act to be performed must be existing and review by merely speedily and stealthily completing
A correlative right will be denied if not the commission of such illegality (Tan, et al. v. COMELEC)
performed by the respondents
5. There is no other plain, speedy, and adequate
remedy in the ordinary course of law WHEN PETITION FOR MANDAMUS PROPER
DISCRETIONARY ACT MINISTERIAL ACT The purpose of mandamus is to compel the performance,
One which an officer or when refused, of a ministerial duty, this being its main
One where public tribunal performs in a objective.
functionaries, by virtue of given state of facts, in a
a power or right conferred prescribed manner, in A writ of mandamus will not issue to control the exercise
upon them by law, can act obedience to the mandate of official discretion or judgment, or to alter or review the
officially under certain of a legal authority, action taken in the proper exercise of the discretion of
circumstances, without regard to or the judgment, for the writ cannot be used as a writ of error or
uncontrolled by the exercise of his own other mode of direct review.
judgment or conscience of judgment upon the
others propriety or impropriety However, in extreme situations generally in criminal
of the act done cases, mandamus lies to compel the performance of the
fiscal of discretionary functions where his actuations are
tantamount to a wilful refusal to perform a required duty.
WHEN PETITION FOR CERTIORARI IS PROPER [Regalado]
INJUNCTIVE RELIEF
Quo Warranto literally means “by what authority”. 1. A PERSON who USURPS, intrudes into, or
unlawfully holds or exercises a public office,
It is a prerogative writ by which the government can call position, or franchise
upon any person to show by what warrant he holds a 2. A PUBLIC OFFICER who does or suffers an act,
public office or exercises a public franchise. which, by provision of law, constitutes a ground
for FORFEITURE OF OFFICE
When the inquiry is focused on the legal existence of a 3. An ASSOCIATION which acts as a corporation
body politic, the action is reserved to the State in a within the Philippines without being legally
proceeding for quo warranto or any other direct incorporated or without lawful authority to act
proceeding.
Actions for quo warranto against corporations with
Subject Matter: The subject matter of a quo warranto may regard to franchises and rights granted to them, as well as
be a public office, franchise, or position. their dissolution now fall under the jurisdiction of the
RTC (Securities Regulation Code, Sec. 5.2)
NOTE: NOTE: Rule 66 deleted an office in a
corporation created by authority of law. This falls
under the jurisdiction of the SEC under PD 902-A. WHO MAY COMMENCE THE ACTION (Rule 66, Sec. 2 –
5)
Jurisdiction to Issue Writ: Original jurisdiction to issue the
writ of quo warranto is vested in the SC, CA, and RTC. General Rule: The Government, through the Solicitor
General or public prosecutor
1. MANDATORY (Sec. 2); When to commence:
DISTINGUISHED FROM QUO WARRANTO IN THE a. When directed by the President, or
OMNIBUS ELECTION CODE b. When upon complaint or otherwise he has
good reason to believe that any case in Sec. 1
ROC Rule 66 OEC Sec. 253 can be established by proof
Filed by whom
Solicitor General or Public 2. DISCRETIONARY (Sec. 3); When to commence:
Prosecutor in behalf of the Any voter a. This is upon permission of court
Republic; Individual b. Bringing such action (ex relatione) at the
Where filed request and upon the relation of another
COMELEC, if against person, PROVIDED:
election of a Member of (1) Officer bringing it may require an
Congress, Regional, indemnity bond
By SolGen: RTC Manila, CA or (2) Leave of court will have to be obtained
Provincial or City
SC; Otherwise, RTC with
Officer;
jurisdiction over territorial Exception: An individual may commence the action (Sec.
area where respondent 5); PROVIDED:
appropriate RTC or
resides, CA or SC 1. He institutes the action in his own name
MTC, if against a
municipal or barangay a. He does not have to secure the intervention
officer of the Solicitor General or public prosecutor
b. No leave of court necessary
Period for filing
2. HOWEVER, he must claim to be entitled to the
Within 1 year from ouster, or
Within 10 days after office or position usurped or unlawfully held or
from the time the right to the
proclamation of results exercised by another.
position arose
a. He must aver and be able to show that he is
Against whom, grounds
entitled to the office in dispute. There must
A person, who usurps, be an allegation that respondent is either a
intrudes into or unlawfully de facto or de jure officer
holds or exercises a public
office, position or franchise;
Ineligibility or disloyalty PERIOD FOR PLEADINGS AND PROCEEDINGS MAY BE
A public officer, who does or to the Republic REDUCED (Rule 66, Sec. 8)
suffers an act which, by
provision of law, constitutes Period to File: The action must be commenced within 1
a ground for forfeiture of year from the date after the cause of such ouster or the
office right of the petitioner to hold such office or position
arose. (Sec. 11)
In fine, Rule 66 applies to quo warranto IN GENERAL
while election law governs quo warranto against Laches does not attach and failure to file quo-warranto
SPECIFIED elective officials. proceedings does not operate adversely against a
dismissed government employee where it was the act of EXPROPRIATION
responsible government official which contributed in the
delay of filing of complaint for reinstatement (Cristobal v. NATURE
Melchor).
Eminent Domain is the right and authority of the State, as
Reduction of Period: The court may reduce the period for sovereign, to take private property for public use upon
filing and for all other proceedings in the action to secure observance of due process and payment of just
most expeditious determination of the matters involved compensation.
therein, consistent with the rights of the parties.
It is a government’s right to appropriate, in the nature of a
compulsory sale to the State, private property for public
JUDGMENT IN QUO WARRANTO ACTION (Rule 66, Sec. use or purpose.
9)
Requisites for the Valid Exercise of the Right
When respondent is found guilty of usurping, intruding, 1. There must be due process of law
or unlawfully holding, judgment rendered: 2. Payment of just compensation
1. That such respondent is ousted and altogether 3. Taking must be for public use
excluded therefrom
2. That petitioner or relator, as the case may be, Subject Matter of Expropriation: All properties can be
recover his costs expropriated, EXCEPT:
3. May determine the respective rights in and to the 1. Money (futile; because of just compensation)
public office, position, or franchise of all parties 2. Choses in action (conjectural in nature; validity
and its value)
UNLESS, in lieu of money, court authorizes NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL
Form of
deposit of a certificate of deposit of a JUST COMPENSATION
Deposit
government bank of the Republic, payable on
demand to the authorized government For the acquisition of right-of-way, site or location for any
depositary national government infrastructure project through
expropriation, upon the filing of the filing of the
After the deposit, court shall order sheriff or proper complaint, and after due notice to the defendant, the
officer to place plaintiff in possession of the property. implementing agency shall immediately pay the owner of
Such officer shall promptly submit a report to the court the property the amount equivalent to the sum of (1) 100
with service of copies to parties. percent of the value of the property based on the current
relevant zonal valuation of the BIR; and (2) the value of
NOTE: Preliminary deposit is only necessary if the the improvements and/or structures as determined
plaintiff desires entry on the land upon its institution of under Sec. 7 of RA 8974 (Sec. 4, RA 8974)
the action. Otherwise, he could always wait until the
order of expropriation is issued before it enters upon the
land. DEFENSES AND OBJECTIONS
Once the preliminary deposit has been made, the No Objection Or Defense To Has Objection Or Defense
expropriator is entitled to a writ of possession as a matter The Taking To The Taking
of right, and the issuance of said writ becomes ministerial
on the part of the trial court (Biglang-Awa v. Bacalla) What to file and serve
Notice of appearance and
Answer to the complaint
manifestation
Period to file a. EXCEPTION: On such terms as the court
Time stated in the summons deems just and equitable, plaintiff may be
allowed to dismiss or discontinue
Contents
2. Forecloses any further objections to the right to
Specifically
expropriate, including the public purpose of the
Manifestation to the effect designating/identifying
same
that he has no objection or the property in which he
defense; claims to have an interest
in and the nature and
Specifically extent of the interest;
ASCERTAINMENT OF JUST COMPENSATION (Rule 67,
designating/identifying the
Sec. 5)
property in which he ALL his objections and
claims to be interested defenses to the complaint
Upon rendition of the Order of Expropriation, the court
or any allegation therein
issues an Order of Appointment.
Prohibited
Counterclaim, cross-claim, Order of Appointment:
third party complaint in 1. Court appoints not more than 3 commissioners to
any pleading ascertain and report to the court the just
compensation for the property
NOTE: A defendant waives all defenses and objections not
so alleged, but the court, in the interest of justice, may 2. Contents:
permit amendments to the answer not to be made later a. It shall designate the time and place of the
than ten (10) days from filing thereof. first session of hearing to be held by
commissioner
NOTE: In any case, in the determination of just b. Specify the time within which their report
compensation, defendant may present evidence as to the shall be submitted to court
amount of compensation to be paid.
3. Procedures:
NOTE: The defendant CANNOT be declared in default for a. Copies of the Order shall be served on the
failure to file Answer. Failure to file an answer would parties
result to the court’s judgment on the right to expropriate b. Objections to appointment:
without prejudice to the right to present evidence on the (1) Filed with the court within 10 days from
just compensation and to share in the distribution of the service
award. (2) Objections shall be served to all
commissioners
(3) Resolved within 30 days after all
ORDER OF EXPROPRIATION (Rule 67, Sec. 4) commissioners shall have received
copies
Order of Expropriation - It is the order declaring that the
plaintiff has lawful right to take the property. Just Compensation
When Issued: It is issued when: Just Compensation has been defined as the full and fair
1. Objections or defenses against the right of equivalent of the property taken from its owner by the
plaintiff to expropriate are overruled; or expropriator. Just compensation means not only the
2. No party appears to defend the case correct determination of the amount to be paid but also
the payment of the land within a reasonable time from its
Contents of the Order: taking.
1. That the plaintiff has a lawful right to take the
property sought to be expropriated Market Value
2. For public use or purpose described in the
complaint Is “that sum of money which a person desirous but not
3. Upon payment of just compensation compelled to buy, and an owner willing but not compelled
a. To be determined as of the date of taking, or to sell, would agree on as a price to be given and received
b. The filing of the complaint, whichever came therefore.” [BPI v. CA (2004)]
first
Time when market value should be fixed:
Remedy of Defendant: Order of condemnation is final, not 1. When plaintiff takes possession before institution
interlocutory. Hence, it is appealable. of proceedings, value should be fixed as of the
TIME OF TAKING
Effects of the Order: 2. When the taking coincides with or subsequent to
1. Plaintiff not permitted to dismiss or discontinue the commencement of proceedings, DATE OF
the proceeding FILING of the complaint should be the basis
APPOINTMENT OF COMMISSIONERS; c. Set aside the report and appoint new
COMMISSIONER’S REPORT; COURT ACTION UPON commissioners;
REPORT d. Accept the report in part and reject in part
e. Make such order or render such judgment as
Qualifications of the Commissioners: shall secure the plaintiff and the defendant
1. Competent and
2. Disinterested
RIGHTS OF PLAINTIFF UPON JUDGMENT AND
Proceedings by Commissioners (Rule 67, Sec. 6) PAYMENT (Rule 67, Sec. 10)
1. Commissioners shall first take and subscribe an
oath that they will faithfully perform their duties. When will the right of plaintiff TO ENTER the property
Oath shall be filed in court together with other sought to be appropriated or RIGHT TO RETAIN it should
proceedings. he have taken immediate possession thereof accrue?
2. Evidence may be introduced by either party 1. RIGHT TO RETAIN: Upon filing of complaint,
before the commissioners who are authorized to serving notice to defendant, and after depositing
administer oaths on hearings before them the assessed value of property for taxation
purposes with authorized government
Duties of Commissioners: depositary (Sec. 2)
1. View and examine the property sought to be
expropriated and its surroundings, and may 2. RIGHT TO ENTER:
measure the same a. Upon payment by plaintiff to defendant of
a. Due notice to parties to attend must first be compensation fixed by judgment, with legal
given UNLESS the parties consent to the interest from taking (Sec. 10)
contrary b. After tender to defendant of amount so fixed
b. After this, each party may argue the case and payment of the costs (Sec. 10)
Such proceeding shall not be effectual until court has Title in Expropriation is vested:
accepted their report and rendered judgment in 1. If PERSONAL property, upon payment of just
accordance with their recommendations. compensation (Sec. 10)
2. If REAL property, upon payment of just
Report shall be filed within 60 days from date compensation AND registration of property (Sec.
commissioners were notified of their appointment. Time 13)
may be extended by court discretion,
2. Court may:
a. After hearing, accept the report and render
judgment in accordance therewith
b. Recommit to commissioners for further
report of facts, for cause shown
FORECLOSURE OF REAL ESTATE MORTGAGE
NATURE JUDGMENT ON FORECLOSURE FOR PAYMENT OR SALE
(Rule 68, Sec. 2)
Foreclosure of Mortgage is a proceedings in a court of
justice conducted according to legal forms by which the If upon trial, the facts set forth in the complaint are true,
mortgagee or his successors or one who has by law the court shall:
succeeded to the rights and liabilities of the mortgagee 1. Ascertain the amount due to the plaintiff upon
undertakes to dispose of, to ban, to cut-off the legal and the mortgage debt or obligation including
equitable claims of lien holders or of the mortgagors or interests, other charges approved, costs
those who have succeeded to the rights and liabilities of
the mortgagor. 2. Render judgment for the sum so found due
The cause of action in a foreclosure suit is generally the 3. Order that the amount be paid to the court or to
non-payment of the mortgage loan, but it may be on other judgment obligee
grounds which under the contract warrant the a. Within a period of not less than 90 days but
foreclosure, such as the violation of the other conditions not more than 120 days from entry of
therein. judgment
b. In default of such payment, property shall be
Foreclosure may be made: sold at public auction to satisfy judgment
1. Judicially – governed by Rule 68
2. Extrajudicially – proper only when so provided in Judgment on Foreclosure is the judgment of the court
contracts in accordance with Act. No. 3135; ordering the debtor to pay within 90-120 days from entry
governed by A.M. No. 99-10-05-0. of judgment after ascertaining the amount due to plaintiff
Parties
1. The plaintiff is the person who is supposed to be 2. If they agree, proper instruments of conveyance
a co-owner of the property will be executed to effect the partition.
2. Defendants are all the co-owners, who are
indispensable parties 3. After the execution of instruments of conveyance,
3. Creditors or assignees of co-owners may also the court shall confirm the partition through a
intervene and object to the partition final order.
MATTERS TO ALLEGE IN THE COMPLAINT FOR 4. The final order of partition and the instruments
PARTITION of conveyance shall be registered with the
Registry of Deeds where the property is situated.
Contents of the Complaint: [Rule 69, Sec. 2]
1. Nature and extent of his title
2. Adequate description of the real estate sought to
be partitioned PARTITION BY COMMISSIONERS; APPOINTMENT OF
3. Joining of Defendants – All other persons COMMISSIONERS; COMMISSIONER’S REPORT; COURT
interested in the property ACTION UPON COMMISSIONER’S REPORT
First Stage: Determination of the propriety of partition How Done: The court appoints not more than 3 competent
and disinterested commissioners to make the partition.
This involves a determination of whether the subject (Sec. 3)
property is owned in common and whether all the co-
owners are made parties in the case. Oath of the Commissioners: Before entering into their
duties, commissioners must first make an oath that they
The order may also require an accounting of rents and will faithfully perform their duties as commissioners.
profits recovered by the defendant. This order of partition Such oath is to be filed in court. (Sec. 4)
is appealable. [Miranda v. Court of Appeals (1976)]
Duties of the Commissioners:
If not appealed, then the parties may partition the 1. They shall view and examine real estate, after
common property in the way they want. If they cannot due notice to parties to attend at such view and
agree, then the case goes into the second stage. However, examination
the order of accounting may in the meantime be executed. 2. They shall hear the parties as to their preference
[De Mesa v. CA (1994)] in the portion to be set apart to them
3. They shall also determine the comparative value
thereof
Second Stage: Actual partitioning of the subject property 4. They shall set apart the same to the parties in lots
or parcels as will be most advantageous and
This is also a complete proceeding and the order or equitable considering the improvements,
decision is appealable. situation, and quality of the parts thereof
When there was a prior partition, the fact that the share Assignment of Real Estate to One Party (Sec. 5)
of each co-heir has not been technically described and the 1. General Rule: If the commissioners should
title over the whole lot remains uncancelled does not determine that the real estate cannot be divided
negate such partition. without prejudice to the interests of the parties,
the court may order that the property be
There can be no partition again because there is no more assigned to one of the parties willing to take the
common property. [Noceda v. CA (1999)] same PROVIDED he pays to the other parties
such amounts as the commissioners deem
equitable
ORDER OF PARTITION AND PARTITION BY
AGREEMENT 2. Exception: if one of the parties asks that the
property be sold instead of being so assigned,
Order of Partition: The court issues an order of partition then the court shall ORDER the commissioners to
AFTER the trial and the court finds that the plaintiff has a sell the real estate at public sale under such
right to partition. The court orders the partition of the conditions and within such time as the court may
property. determine
The parties may make the partition proper themselves, by Commissioner’s Report: Commissioners shall make a full
agreement: accurate report to the court. Contents:
1. After the issuance of the order of partition, the 1. All proceedings as to the partition, or
parties will then be asked if they agree to make 2. The assignment of real estate to one of the
partition of the property among themselves parties, or
3. The sale of the same
Upon filing of Commissioner’s Report: PARTITION OF PERSONAL PROPERTY
1. Clerk shall serve copies on all interested parties
with notice that they are allowed to file The provisions of Rule 69 shall apply to partitions of
objections estates composed of personal property, or of both real
2. Parties may file objections within 10 days upon and personal property, in so far as the same may be
receipt of notice applicable. (Sec. 13)
From the examination of allegations in the complaint, the A person who occupies the land of another at the latter's
court may: tolerance or permission, without any contract between
1. Dismiss the case outright on any grounds them is necessarily bound by an implied promise that he
mentioned in Rule 16 will vacate upon demand, failing which, an action for
2. If there is no ground for dismissal, court issues unlawful detainer may be instituted against him.
summons (Dakudao v. Consolacion, 1983)
Prohibited Motions:
1. Motion for a BILL of particulars CONTEMPT
2. Motion for EXTENSION of time to file pleadings,
affidavits, or any other paper NATURE
3. Motion for NEW trial, or for reconsideration of a
judgment, or for reopening of trial Contempt of Court is disobedience to the court by acting
4. Motion to DISMISS the complaint; Except on the in opposition to its authority, justice, and dignity. It
ground for lack of jurisdiction over the subject signifies not only a willful disregard of disobedience to
matter or failure to comply with Sec. 12 the court’s orders but also conduct tending to bring the
5. Motion to DECLARE defendant in default authority of the court and administration of law into
6. DILATORY motions for postponement disrepute, or, in some manner, to impede the due
administration of justice.
Prohibited Pleadings:
1. THIRD-party complaints The power to declare person in contempt of court and in
2. REPLY dealing with him accordingly is an INHERENT power of
3. INTERVENTIONS the court. It is used as a means to protect and preserve
4. PETITION for relief from judgment the dignity of the court, the solemnity of the proceedings,
5. PETITION for certiorari, mandamus, or and administration of justice.
prohibition against any interlocutory order
issued by the court
KINDS OF CONTEMPT; PURPOSE AND NATURE OF
EACH
According to Nature
1. CRIMINAL CONTEMPT – conduct directed against
the authority and dignity of the court or a judge
acting judicially
2. CIVIL CONTEMPT – failure to do something
ordered to be done by a court or by a judge for
the benefit of the opposing party
The judgment:
1. As may be warranted by the facts alleged in the
complaint and
2. Limited to what is prayed for
2. For damages arising from any of the following; 1. Motion to dismiss the compliant except on the
a. Fault or negligence; ground of lack of jurisdiction;
b. Quasi-contract; or 2. Motion for a bill of particulars;
c. Contract; 3. Motion for new trial, or for reconsideration of a
judgment, or for reopening of trial;
3. The enforcement of a barangay amicable 4. Petition for relief from judgment;
settlement or an arbitration award involving a 5. Motion for extension of time to file pleadings,
money claim covered by this Rule pursuant to affidavits, or any other paper;
Sec. 417, LGC. 6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the
COMMENCEMENT OF SMALL CLAIMS ACTION; court;
RESPONSE (Sec. 5) 8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
How commenced: By filing with the court an accomplished 10. Reply;
and verified STATEMENT OF CLAIM in duplicate 11. Third-party complaints; and
12. Interventions.
Attachments to the Statement of Claim:
1. Certification of Non-forum Shopping APPEARANCES
2. Two (2) duly certified photocopies of the
actionable document/s subject of the claim The parties shall appear at the designated date of hearing
3. Affidavits of witnesses and other evidence to personally or through a representative authorized under
support the claim a Special Power of Attorney to:
1. Enter into an amicable settlement,
NOTE: No evidence shall be allowed during the 2. Submit of Judicial Dispute Resolution (JDR) and
hearing which was not attached to or submitted 3. Enter into stipulations or admissions of facts and
together with the Claim. UNLESS good cause is shown of documentary exhibits (Sec. 16)
for admission of additional evidence.
No attorney shall appear in behalf of or represent a party
No formal pleading, other than the Statement of Claim, is at the hearing, unless the attorney is the plaintiff or
necessary to initiate a small claims action. defendant. (Sec. 17)
APPLICABILITY
END OF CIVPRO!!!