Professional Documents
Culture Documents
1
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
2
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
2
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Private property shall not be taken for public use A8 S5 P2—(Basis of Rule 56)
without payment of just compensation
- Review
- Revise
- Reverse
A6 S30 - Modify
- Affirm
No law shall be passed increasing the a ppellate
o On appeal or certiorari, as the law
jurisdiction of the SC as provided
provided in this Constitution
or the Rules of Court may provide,
without its advice and concurrence.
final judgments and orders of
lower courts in:
o Certiorari f. order
o Prohibition g. instruction
o Mandamus h. ordinance
o Quo warranto i. regulation
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
The SC shall have the power to promulgate rules No decision shall be rendered by any court without
concerning: expressing therein clearly and distinctly the facts and
the law on which it is bas ed.
1. Protection and enforcement of
constitutional rights No petition for review or motion for reconsideration
2. Pleading, practice, procedure in all courts of a decision of the court shall be refused due course
3. Admission to practice of law or denied without starting the legal basis therefor.
4. Integrated Bar
5. Legal assistance to the underprivileged
Such rules shall (Limits to SC-rule making power): A9A S7 (basis of Rule 64)
1. Provide simplified and inexpensive Each Commission shall decide by majority of all its
procedure for speedy disposition of cases Members in any case or matter brought before it
2. Shall be uniform for all courts of the same within 60 days from date of its submission for
3. Shall not diminish, increase, modify submitted for decision or resolution upon the filing
A8 S2
The Congress shall have the power to d efine, CIVIL PROCEDURE PROPER
prescribe, and apportion the jurisdiction of the
various courts but may not deprive the SC of its Jurisdiction
jurisdiction over cases enumerated in S5 thereof.
Authority of the court to hear and decide a
No law shall be passed reorganizing the J udiciary case and to implement its decision
when it undermines security of tenure of its
members.
Rule 30 Rule 36
A3 S16
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Appellate Jurisdiction
Power and authority conferred upon a Exclusive Original Jurisdiction
Power of the court to take judicial
superior court to rehear and determine
cognizance of a case instituted for judicial
causes which have been tried in lower
action for the first time to the exclusion of
courts, the cognizance which a superior
court takes of a case removed to it, by all other courts
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
In civil cases, assumes importance in case of Power conferred upon different courts,
venue of real or mixed action whether of the same or different ranks, to
In criminal cases, consideration of territory take cognizance at the same stage of the
and locus of crime determine venue and same case in the same or different judicial
jurisdiction territories
Territorial jurisdictions:
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
a. Certiorari
b. Prohibition
Appellant and appellee Judge, court, quasi c. Mandamus
are original parties to judicial agency, tribunal, d. Quo warranto
the action, and the lower corporation, board or e. Habeas corpus
court or quasi judicial officer or person are
agency is not impleaded public respondents who
are impleaded in the
Appellate Jurisdiction of the Supreme Court:
action
A8 S5 P2
Motion for Motion for
reconsideration is not reconsideration or for The SC may review, revise, reverse, modify, or affirm
required new trial is required; if a on appeal or certiorari, as the la w or the Rules of
motion for Court may provide, final judgments and orders of
reconsideration or new lower courts in:
trial is filed, the period
shall not only be 1. All cases in which the constitutionality or
interrupted but another validity of any treaty, internation or
60 days shall be given to executive agreement, law, presidential
petitioner (SC Admin decree, proclamation, order, instruction,
Matter 02-03) ordinance, or regulation is in question
Court is in exercise of its Court exercises original 2. All cases involving the legality of any tax,
appellate jurisdiction jurisdiction impost, assessment or toll, or any penalty
and power of review imposed in relation thereto
Petition shall be filed Petition shall be filed 3. All cases in which the jurisdiction of any
with the Supreme Court with the RTC, CA, lower court is in issue
Sandiganbayan, Comelec
4. All criminal cases in which the penalty
imposed is reclusion perpetua or higher
JURISDICTION (WITHIN THE SCOPE OF CRIMINAL
PROCEDURE- RULE 45)
SUPREME COURT
5. All cases in which only a n error or question
Original Jurisdiction of the Supreme Court:
of law is imposed
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
CA decisions
2. Rule 42- over RTC decisions in the exercise
- Appealable to SC under Rule 45 of its APPELLATE JURISDICTION (via Petition
for Review)
R45 S1- a party desiring to appeal by certiorari from
a judgment or final order or resolution of the Court 3. Rule 43- Exclusive appellate jurisdiction
of Appeals may file with the SC a verified petition for over all final judgments, resolution, orders,
review on certiorari. The petition shall raise only or awards of quasi judicial agencies,
questions of law which must be distinctly set forth. instrumentalities, boards, or commissions
(via Petition for Review)
Jurisdiction
2. Actions which cannot be quantified into
Original jurisdiction to issue writs of: monetary estimation
Subject matter (BP129)
- Mandamus
- Prohibition 3. In all civil actions which involve title to or
- Certiorari possession of real property or any interest
- Habeas corpus therein, where assessed value of property
- Quo warranto involved exceeds 20k OMM or in MM, value
- Auxiliary writs and processes, of property involved exceeds 50k
o Whether or not in aid of its Except actions of FE and UD of lands and
appellate jurisdiction buildings, original jurisdiction of which is
conferred with MTC, MuTC, MCTC
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Gross value- assessed value of property of deceased misrepresentation which may be interest of
before deduction (NOT market value) the public and/or of the stockholders,
partners, members of associations or
organizations registered with the
6. In all actions involving the contract of Commission
marriage and marital relations
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Over all cases decided by MTCs, MuTCs, MCTCs in property or any interest therein where
their respective territorial jurisdictions assessed value of property or interest
therein does not exceed 20k OMM or does
not exceed 50k MM exclusive of interest,
damages of whatever kind, AF, litigation
MTC
expenses, costs. Provided that in cases of
(note: baligtarin ang RTC jurisdiction, below 20-50, land not declared for taxation purposes, the
300-400) value of such property shall be determined
by assessed value of adjacent lots
Ordinary Civil Actions:
4. civil cases where the demand does not
1. exclusive original jurisdiction over civil
exceed 300k or not more than 400k MM
actions and probate proceedings, testate
and intestate, including grant of provisional
5. over actions involving personal property
remedies in proper cases, where the value
valued at not more than 300k OMM or not
of the personal property, estate or amount
more than 400k MM
of the demand does not exceed 300k OMM
or 400k MM exclusive of interest, damages,
6. admiralty and maritime cases where the
of whatever kind, AF, litigation expenses
demand or claim does not exceed 300k
and costs, the amount of which must be
OMM or does not exceed 400k MM
specifically alleged. Provided, that interest,
damages of whatever kind, AF, litigation
expenses, and costs shall be included in the
determination of the filing fees. Provided Summary Procedure:
further that where there are several claims
1. All cases of FE and UD, irrespective of the
or causes of actions between the same or
amount of damages or unpaid rentals
different parties, embodied in the same
sought to be recovered. Where AF are
complaint, the amount of demand shall be
awarded, the same shall not exceed 20k
the totality of the claims in all the causes of
action, irrespective of whether the cause of
2. All other civil cases, except probate
action arose out of same or different
proceedings, where the total amount of the
transactions
plaintiff’s claim does not exceed 100k OMM
or 200k MM exclusive of interests and costs
2. exclusive original jurisdiction over cases of
(as amended by AM 2-11-9-SC)
forcible entry or unlawful detainer,
provided that when, in such cases,
3. Civil cases not higher than 100k- Subject to
defendant raises questions of ownership in
the Rule on Small Claims
his pleadings and the question of
possession cannot be resolved without
deciding the issue of ownership, the issue of What if, gumitna? 150k?
ownership shall be resolved only to
determine the issue of possession ( see: Higher than 100k OMM, then subject to Regular
Summary Procedure) Proceedings in MTC
3. exclusive original jurisdiction in all civil BUT, below 200k MM, hence, in such case, subject to
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Conferred by law
To know whether subject to Motion to Dismiss (Rule Jurisdiction over the issue
S1b), that the court has no jurisdiction over the
subject matter of the case Determined by allegations in the complaint
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
consequent - Venue: R4 S1
relief
ST
1 GROUP: for purposes of venue under Rule 4
Action in rem Action in Action Quasi in
Real Action personam Rem
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
cadastral Action to
Accion Action for a Accion
proceeding, Action for foreclose real
reivindicatoria sum of money publiciana with
breach of estate
a claim for
contract mortgage
damages
special
proceedings
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
14
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Counter Counter Claim Counter Cross Claim A position paper IS NOT A PLEADING
Permissive Answer to
counterclaim permissive
counterclaim
Cross claim
Responsive Pleadings
Answer to third
party complaint
Answer to original complaint Third party
Answer to permissive counterclaim complaint
Answer to third party complaint Answer to fourth
Answer to fourth party complaint party complaint
Answer to complaint in intervention th
4 party
Comment or objection to petition
complaint
Compulsory counterclaim
Answer to
Reply
complaint in
Answer to counter counter claim
intervention
Answer to counter cross claim Complaint in
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
intervention document
Comment or
objection to
Petition petition Allegations of
usury
Succeeding
Counter
pleadings in
counter claim Answer to counter special
counter claim proceedings
Counter cross
claim Answer to counter
Complaint- a pleading alleging plaintiff’s cause and
cross claim causes of action
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
2. where one party is a public of ficer or 12. action to annul a judgment upon a
employee, and the dispute relates to compromise
performance of his official functions
offenses punishable by imprisonment 13. CARL disputes
exceeding 1 year or a fine exceeding 5k
pesos 14. Disputes involving traditions of an
indigenous cultural community
3. offenses where there is no private offended
party
4. where the dispute involves real properties Does the Exclusive Original Jurisdiction of the RTC
located in different cities or municipalities on actions involving those incapable of pecuniary
unless the parties thereto agree to submit estimation include provisional remedies as falling
their differences to amicable settlement by within the category?
an appropriate lupon
No, because provisional remedies are merely
ancillary to the main action. The category of actions
5. disputes involving parties who actually
incapable of pecuniary estimation refers only to
reside in barangays of different cities or
main actions.
municipalities, except where such barangay
units adjoin each other and the parties
thereto agree to submit their differences to
amicable settlement by an appropriate Purpose of Barangay Proceedings:
lupon
Reduce the number of litigations and prevent the
deterioration of the quality of justice which has b een
6. such other classes of disputes which the
brought about by indiscriminate filing of cases in the
President may determine in the interest of
courts. (Zamora vs Heirs of Izquierdo)
justice
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
S416, LGC
Motion to dismiss was granted, remedy of plaintiff?
The amicable settlement and arbitration award shall
Re file the case with the certification of having
have the force and effect of a final judgment of a
undergone Barangay conciliation proceedings, as the
court upon the expiration of 10 da ys from the date
dismissal is without prejudice.
thereof, unless repudiation of the settlement has
been made or a petition to nullify the award has
been filed before the proper city or municipal court.
Motion to dismiss was denied, remedy of
However, this provision shall not apply to court defendant?
cases settled by the lupon under last paragraph of
S408 of this Code, in which case the compromise R16 S4 states that if the motion is denied, movant
settlement agreed upon by the parties before the shall file his answer within the balance of the period
lupon shall be submitted to the court and upon granted by Rule 11 to which he was entitled at the
approval thereof, have the force and effect of a time of serving his motion, but not less than 5 days
judgment of said court. in any event, computed from his receipt of the
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
notice of the denial. Proceed with the trial, and (importance of knowing BP129 as amended by
when the decision is adverse, file an appeal raising RA7691 Rules on Jurisdiction)
as error the ground for denial of the motion to
dismiss. When the denial is tainted with grave abuse Granted- Refile
NOTE: If the case undergone Barangay conciliation 1. Lack of jurisdiction over the subject matter
Jurisdiction
HOWEVER, with respect to SMALL CLAIMS CASES,
IF, court has no jurisdiction, M2D R16 S1b
ABSOLUTE RULE: motion to dismiss is not allowed
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Reason: defeats the purpose of Small Claims 1. The parties have validly agreed in writing
Proceedings 2. The agreement in writing was made before
the filing of the action
3. Exclusive venue is stipulated
- Can be subject to stipulation of the parties Rule 4 of the Rules of Court did not provide for MAY,
but SHALL
State: Rules on venue
Suppose, Real property is subject of dispute (real
R4 S1 action). A lives in Pasay, B lives in Manila, the real
property is located in Davao. Following Rule 4 S1,
Actions affecting title to or possession of real
the suit should be filed in Davao, being the place
property or interest therein shall be commenced and
where the property or portion thereof is situated.
tried in the proper court which has jurisdiction over
However, the parties can exclusively agree that the
the area wherein the real property involved or a
venue can be filed in Baguio, provided that the
portion thereof is situated.
requisites of R4 S4 as to exclusivity of venue are
Forcible entry and unlawful detainer actions shall be complied with
commenced and tried in the MTC of the municipality
So, it means that Rule 4 S1 can be the subject of
or city wherein the real property involved or a
agreement, and that the suit can be filed somewhere
portion thereof is situated.
else other than what S1 provides? (Parang ok lang
R4 S2 sana kung concern e personal action under R4 S2-
can be subject of agreement, pero venue of REAL
All other actions may be co mmenced and tried ACTION CAN BE SUBJECT OF AGREEMENT?! Labo
where the plaintiff or any of the principal plaintiffs ata...)
resides, where the defendant or any of the
defendants resides, or in case of a non resident Seems there is a loophole in Rule 4
defendant he may be found at the election of the
plaintiff.
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
I will refile the case in the court of the proper venue, Plaintiff includes:
because the order of dismissal is without prejudice
(R16). - Counter counterclaimant
- Counter cross claimant
EXCEPT: if there exists grave a buse of discretion
amounting to lack or excess of jurisdiction, Certiorari Defendant includes:
Rule 65 is the proper remedy
- Defendant in counter counterclaim
- Defendant in counter cross claim
- An unwilling co plaintiff or one who should
Motion to dismiss was denied. Remedy for be joined as plaintiff but refuses to give
defendant? consent thereto (R3 S10)
- A person necessary to a complete
Rule 16 S4 determination or settlement of the
questions involved therein
File an answer within the balance of the period
prescribed by Rule 11 to which he was entitled at the Plaintiff
time of serving his motion but not less than 5 days in
any event, computed from his receiving of notice of A person having an interest in the matter of
denial. Then, go to trial. When the decision is the action or in obtaining the relief
adverse, file an appeal raising as error the denial of demanded
the motion to dismiss. If the denial of the motion is
tainted with grave abuse of discretion amounting to Defendant
lack or excess of jurisdiction, file petition for
A person claiming an interest in the
certiorari under Rule 65.
controversy or the subject thereof adverse
to the plaintiff
(R3 S1)
party plaintiff. The term defendant may refer to the transaction or occurrence that is the subject
original defending party, the defendant in the matter either of the original action or of a
rd
counterclaim, the cross defendant, or the 3 4th etc counterclaim therein (R6 S8)
party defendant.
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
the avails of the suit. Unless otherwise shall be included in the title of the case and shall be
provided by law or these rules, every action deemed to be the real party in interest. It may be:
must be prosecuted or defended in the
- Trustee of an express trust
name of the real party in interest(R3 S2)
- Guardian
- Executor
- Administrator
Indispensable Party - A party authorized by law or these rules
o (agent acting in his own name and
An indispensable party is a party in interest for the benefit of an undisclosed
without whom no final determination can principal may sue or be sued
be had of an action who shall be joined without joining the principal
either as plaintiff or defendant (R3 S7) except when the contract involves
things belonging to the principal)
Necessary Party
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
I will file an answer within the balance of the period Non joinder/Misjoinder of parties- not a ground f or
prescribed by Rule 11 to which i am entitled at the motion to dismiss
time of serving my motion, but not less than 5 days
in any event, computed from my receipt of notice of IF so, remedy:
Requisites:
What are the elements of a cause of action?
1. Right to relief arises out of the same
transaction or series of transactions 1. Plaintiff exercises a legal right
2. Correlative obligation the part of defendant
3. There is question of law or fact comm on to customs, public order, public policy
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
A party may in one pleading assert, in the alternative If you are counsel for plaintiff, and the causes of
or otherwise, as many causes of action as he may action are not joined, remedy?
have against an opposing party, subject to the
following conditions: File a motion to amend the complaint (as a matter or
right before a responsive pleading is filed, or with
A. That the party joining the causes of action leave of court after a responsive pleading is filed if
shall comply with the rules on joinder of the amendment is substantial —Here, di ko alam
parties kung substantial to...) – R10 S2 and 3
Hence, sue in alternative / either or Supposing, the plaintiff split a single cause of
action, remedy?
C. Where the claims pertain to different
venues or jurisdictions, the joinder shall be As defendant, I will file a motion to dismiss on the
allowed in the RTC provided that it falls ground of litis pendencia or res judicata (R16 S1 e or
within the jurisdiction of said court and the f)
venue lies therein
GRANTED, remedy: APPEAL (dismissal is with
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
I will file an answer within the balance of the period statement of a single act of circumstances so far as
prescribed by Rule 11 to which i am entitled at the can be done with convenience.
time of serving my motion, but not less than 5 days
in any event, computed from my receipt of notice of A paragraph may be referred to by its number in all
The title of the action indicates the names of the The pleading shall specify the relief sought, but it
parties. They shall be named in the original may add a general prayer for such further or other
complaint or petition. But in subsequent pleadings, relief as may be deemed just and equitable.
it shall be sufficient if the name of the first party on
each side be stated with an appropriate indication Date
when there are other parties. Their respective
participation in the case shall be indicated. Every pleading shall be dated
R7 S2 R7 S3
The body of the pleading shall set forth its: Every pleading must be signed by the party or
counsel representing him stating in either case his
1. Designation address which should not be a post office box. The
2. Allegation of the claims or defenses signature of counsel constitutes a certification by
3. Relief prayed for him that
4. Date of the pleading
1. he has read the pleading,
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
pleading
2. Signs a pleading in violation of these rule, Petition for review from RTC to CA (R42 S1)
change of his address, shall b e subject to Appeal by certiorari from the CA to SC (R45
Petition
Is a jurat a part of a pleading?
(all Special Civil Actions)
The general rule is that pleadings need not be
verified. However, if the law or the Rules require Interpleader (R62)
that a pleading be verified, verification is done by
way of affidavit. In an affidavit, there is a need for Declaratory Relief and Similar Remedies
jurat to be present. Hence, in a verified pleading, a (R63)
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Petition for custody of minors in relation to Pleadings not required be verified in the manner
habeas corpus, AM __-__-__-SC) and form prescribed by S4 of this Rule but the same
must be under oath:
Trusteeship (R98)
Denial of genuineness and due execution of
Adoption Act, )
Denial of allegations of usury (R8 S11)
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
The following pleadings or motion with affidavit or When the answer is based on a n actionable
affidavits of merit: document (R8 S8)
Does the answer need to be verified? Any person who personally knows the truth
of the facts alleged in the pleading
As a general rule, answers need not be verified, save
for following instances:
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
2. if there is no such other pending action or Filing multiple cases based on the same
claim, a complete statement of the present cause of action and with the same prayer,
status thereof the previous having been resolved with
finality (res judicata)
3. if he should thereafter learn that the same
or similar action or claim is filed or is Filing multiple cases based on same causes
pending, he shall report that fact within 5 of action but with different prayers
days therefrom to the court where his (splitting cause of action on the ground of
aforesaid complaint or initiatory ple ading litis pendencia or res judicata)
has been filed
R7 S5
Forum Shopping:
The plaintiff or principal party shall certify under
oath in the complaint or other initiatory pl eading
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
same issues in any court, tribunal or quasi and deliberate forum shopping, the same shall be
judicial agency and, to the best of his ground for summary dismissal with prejudice, direct
knowledge, no such other action or claim is contempt, and cause for administrative sanctions.
pending therein
Serves as FINAL ORDER, hence, appeal is the
2. If there is such other pending claim or
proper remedy if motion to dismiss under
action, a complete statement of the present
R16 S1j is granted
status thereof
3. If he should thereafter learn that the same
or similar action or claim has been filed or is
pending, he shall report that fact within 5 Remedies in case of failure to attach certification
days therefrom to the court wherein his against forum shopping:
aforeseaid complaint or initiatory pleading
As counsel for defendant, file motion to dismiss
has been filed
under Rule 16 S1j on the ground that a condition
precedent has not been complied with.
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
th
3rd 4 etc party complaint (R6 S11)
A claim that a defending party may, with
Cross Claim
leave of court, file against a person not a
rd th
party to the action, called a 3 4 etc party A vs B and C
defendant for contribution, indemnity,
subrogation, or any other relief in respect of (Original Complaint)
his opponent’s claim
Cross Claim
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
C is impleaded for CISA Third party is impleaded Third party has legal
in the suit for CISA interest and wants to be
impleaded in the suit
Complaint In intervention
Initiatory Pleadings
A vs B
Requires payment of docket fees
C (or)
Permissive CC Compulsory CC
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
3PC vs Third party claim preservation of rights while the main action is
pending
Third Party Complaint Third Party Claim
PROVISIONAL REMEDIES
Initiated by way of By way of affidavit
complaint - Temporary, auxiliary, ancillary remedies
available to a litigant for the protection and
Filed before the court Filed before the sheriff preservation of his rights while the main
action is pending
For CISA Terceria
The following are the provisional remedies:
Pleading Affidavit
1. Preliminary Attachment (Rule 57)
Docket fees are required Not
2. Preliminary Injunction (Rule 58)
to be paid
3. Receivership (Rule 59)
4. Replevin (Rule 60)
5. Support Pendente Lite (Rule 61)
Lis Pendens vs Litis Pendencia
NOTE: Not Exclusive!
Lis Pendens Litis Pendencia
Protection orders
“buyer beware” Filing multiple suits in
different courts involving Provisional orders
same parties, same
causes of action, same Production orders
Notice to buyer of
facts, same relief, the
existence of an adverse
identity of the 2 cases Witness protection orders
claim
such that any judgment
that may be rendered in See: RA 9262, Rules on Nullity/Annulment
one case, regardless of of Marriage/Legal Separation, Petition for
which party is successful, Custody of Minors, Writ of Amparo, Writ of
would amount to res Habeas Data
judicata in the other
NOTE ALSO:
case
Injunction and replevin can be main actions
Notice A ground for motion to
in themselves
dismiss under Rule 16
PROVISIONAL REMEDIES
PROVISIONAL REMEDIES may be availed of, At the commencement of the action or at any time
ancillary to the main action for protection and before entry of judgment, a plaintiff or any proper
party may have the property of the adverse party
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
attached as security for the satisfaction of judgment f. In an action against a party who does not
that may be recovered in the following cases (See reside and is not found in the Phils , or on
grounds) whom summons may be served by
publication
EITHER
c. In an action to recover the possession of
property unjustly or fraudulently taken,
detained, or converted, when the property,
or any part thereof, has been concealed, HOW?
removed, or disposed of to prevent its
At the commencement of the complaint
being found or taken by the applicant or an
authorized person - By verified complaint
d. In an action against a party who has been At any time before judgment
guilty of fraud in contracting the debt or
incurring the obligation upon which the - By verified motion
34
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
YES. Because under Summary Procedure, not a - That the writ was improperly or irregularly
prohibited pleading issued or enforced
- That the bond is insufficient
FE/UD- No
If the attachment is excessive, the discharge shall be
Amount 200k MM- yes limited to the excess
100k- no
- INTERLOCUTORY, hence,
o M4R R65 S4
When is it necessary to issue summons?
o Certiorari R65 S1, R41 S1b
In case of implementation of the preliminary
rd
attachment (3 stage)
S13- Motion to quash the writ of attachment on the - Judicial writ, process, or proceeding
ff grounds: whereby a party is ordered to do or refrain
from doing a particular act
35
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
36
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
necessary to prove facts alleged was not done personally. A violation of this
papers
4. Motion is set for hearing by applicant (R15 Effect of failure to comply with Sections, 4, 5, 6 of
S4) Rule 15?
5. Notice of hearing addressed to all parties 1. *the motion shall be treated as a worthless
concerned, specifying the time and date of piece of paper which the clerk of court has
hearing which must not be later than 10 no right to receive and the court has no
days after the filing of the motion (R15 S5) authority to act upon (mere scrap of paper)
2. It does not interrupt the running of the
6. Motion and notice of hearing must be prescriptive/reglementary period for the
served at least 3 days before the date of filing of the requisite pleading
hearing (3 day notice rule) 3. It will be ground for denial of the motion
4. The motion shall be considered as not filed
7. Proof of service of the motion
R13 S13
HOW?
Proof of personal service shall consist of:
At the commencement of the complaint
- Written admission of party served or
- By verified complaint
- Official return of the server or
- Affidavit of the party serving containing a At any time before judgment
full statement of the date, place, and
manner of service - By verified motion
If service is by registered mail, proof shall be made - Order issued by the court to maintain the
by such affidavit and registry receipt issued by the last, peaceable, actual, uncontested
37
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
TRO- order restraining particular act or acts of a original seventy-two hours provided herein.
party for a limited period of time; can be issued ex
parte In the event that the application for preliminary
injunction is denied or not resolved within the said
(RULE 58- AM 7-7-12) period, the temporary restraining order is deemed
automatically vacated. The effectivity of a temporary
restraining order is not extendible without need of
Sec. 5. Preliminary injunction not granted without
any judicial declaration to that effect, and no court
notice; exception. No preliminary injunction shall be
shall have authority to extend or renew the same on
granted without hearing and prior notice to the
the same ground for which it was issued.
party or persons sought to be enjoined . If it shall
appear from facts shown by affidavits or by the
However, if issued by the Court of Appeals or a
verified application that great or irreparable injury
member thereof, the temporary restraining order
would result to the applicant before the matter can
shall be effective for sixty (60) days from service on
be heard on notice, the court to which the
the party or person sought to be enjoined. A
application for preliminary injunction was made,
restraining order issued by the Supreme Court or a
may issue ex parte a temporary restraining order to
member thereof shall be effective until further
be effective only for a period of twenty (20) days
orders. l
from service on the party or person sought to be
enjoined, except as herein provided. Within the
The trial court, the Court of Appeals, the
twenty-day period, the court must order said party
Sandiganbyan or the Court of Tax Appeals that
or person to show cause at a specified time and
issued a writ of preliminary injunction against a
place, why the injunction should not be gran ted.
lower court, board, officer, or quasi-judicial agency
The court shall also determine, within the same
shall decide the main case or petition within six (6)
period, whether or not the preliminary injunction
months from the issuance of the writ.
shall be granted, and accordingly issue the
corresponding order.
38
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
CA issues: effective for 60 DAYS from service on the - defendant’s appeal is frivolous or dilatory,
party or person sought to be enjoined or
- that the appeal of plaintiff is prima facie
SC or member issues: effective until further orders meritorious
TRO- order restraining acts of a party for a limited Granted: (Rule 57 S6)
period of time
- quash the writ based on:
20 days
1. upon showing of insufficiency
72 hours (ex parte)- extreme urgency
2. on other grounds upon affidavits of the
39
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
1. filing of bond in amount fixed by court Provisional remedy Special civil action
conditioned that he will pay all damages Rule 58 Rule 65
which applicant may suffer by the denial or An order granted at any Petition in case a person
dissolution of the injunction or restraining stage of an action or exercising J, QJ,
proceeding prior to the Ministerial Function
order
judgment requiring a acted without jur or with
party or a court, agency, GAD amounting to lack
Denied:
or a person to refrain a or excess of jurisdiction,
particular act or acts for respondent to desist
- M4R
from further
- Certiorari Rule 65
proceedings
Case falling under Summary Procedure, if the claim 1. Court where action is pending
being 100k (Small Claims), EXCEPT: 2. CA
3. SC
- FE and UD
o R70- preliminary mandatory
Grounds: (R59 S1)
injunction and preliminary
prohibitory injunction are allowed a. When it appears from the verified
application, and such other proof
as the court may require, that the
party applying for the appointment
Prohibitory Injunction Prohibition
40
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
the mortgagee for the foreclosure of the appointment of such receiver in case
of mortgage that the property is in the applicant shall have procured such
During pendency of appeal, the appellate court may General powers of receiver:
allow an application for the appointment of a
receiver to be filed in and decided by the court of R59 S6
origin and the receiver appointed to be subject to
Subject to the control of the court in which the
the control of said court.
action or proceeding is pending, a receiver shall have
the power to
41
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
1. Bring and defend, in such capacity, actions 2. direct the delivery of the funds and other
in his own name property in his possession to the person
adjudged to be entitled to receive them,
2. Take and keep possession of the property in
controversy 3. and order the discharge of the receiver
from further duty as such
3. To receive rents
The court shall allow the receiver such reasonable
4. To collect debts due to himself, as receiver compensation as the circumstances of the case
or to the fund, property, estate, person, warrant, to be taxed as costs against the defeated
8. To divide the money and other property Can be a provisional remedy or a main action
that shall remain among the persons legally
- If a main action, then it is an action for
entitled to receive the same
recovery of unlawfully withheld personal
property in the possession of another
9. To do such acts respecting the property as
the court may authorize Jurisdiction/Venue:
However, funds in the hands of a receiver may be RTC or MTC (300k-400k OMM MM higher lower)
invested only by order of the court upon the written
consent of all the parties to the action.
42
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
43
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
1. After the comment is filed, or If the adverse party fails to comply with an order
2. after the expiration of the period for its granting support pendente lite, the court shall, motu
filing, proprio or upon motion,
a. the application shall be set for
hearing not more than 3 days - issue an order of execution against him,
44
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Examples:
Failure of action for support pendente lite, REMEDY:
VENUE
- move for motion for execution
MOTION TO DISMISS
DENIED,
DEMURRER TO EVIDENCE
- file petition for indirect contempt, for
disobedience to lawful order of the court PARTS OF A PLEADING
45
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Interpleader Intervention Within the time for filing an answer, each claimant
Rule 61 Rule 19 may
Without leave of court With leave of court
Original / Special Civil Ancillary to main action - file motion to dismiss on the ground of
action impropriety of the interpleader action or
Filed by complaint for If for plaintiff- complaint - on other appropriate grounds specified in
interpleader in intervention Rule 16.
If for defendant- answer The period to file the answer shall be tolled and
in intervention if the motion is denied, the movant may file his
At any time Before judgment
answer within the remaining period, which shall
not be less than 5 days in any event, reckoned
JURISDICTION: from the notice of denial. (See Rule 16 S4)
46
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
The parties in an interpleader action may file NOTE: INSTRUMENT, not the elements of the
rd
counterclaims, cross claims, 3 party complaints and instrument—if such, e subject of another proceeding
Rules.
- quiet title to real property or remove clouds
therefrom
After the pleadings of the conflicting claimants have In case of pacto de retro sale or foreclosure of
been filed, and pre trial has been conducted in mortgage, not necessarily owner agad, hence, file for
accordance with these Rules, consolidation of ownership under this Rule
- the court shall proceed to determine their (EXCLUSIVE) hence, if not, then not subject here
respective rights and adjudicate their
several claims. NOTE: DECLARATORY RELIEF is the only civil action
(special vis a vis ordinary) that can be filed even
before breach or violation thereof
o contract, or
- RTC- incapable of pecuniary estimation
o other written instrument, or
47
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
All persons who have or claim any interest which Constitutional Basis:
would be affected by the declaration shall be made
parties, and A9A S7 (basis of Rule 64)
- no declaration shall, except as provided in Each Commission shall decide by majority of all its
these Rules, Members in any case or matter brought before it
o prejudice the rights of persons not within 60 days from date of its submission for
parties to the action. decision or resolution. A case or matter is deemed
submitted for decision or resolution upon the filing
S3- Notice on Sol Gen of the last pleading, brief, or memorandum required
by the rules of the Commission or by the
In any action which involves validity of
Commission itself. Unless otherwise provided by
- statute, this Constitution or by law, any decision, order, or
- EO, or ruling of each Commission may be brought to the SC
- regulation, or on certiorari by the aggrieved party within 30 days
- any other governmental regulation, from receipt of a copy thereof.
o The Sol Gen shall be notified by the
COVERAGE: (R64 S1)
party assailing the same and
shall be entitled to be Judgments, final orders, resolutions of COMELEC,
heard upon such question CoA
In any action involving the validity of a local Final orders or judgments of COA and COMELEC
government ordinance,
- APPEAL R41 less than any event reckoned from notice of the
48
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
S5- Form/Contents
Rule 43 Rule 64
Appeal/Petition for Petition for review of
S6- order to comment review of decisions of judgments and final
Quasi Judicial Bodies orders or resolutions of
- Within 10 days from notice of order or COMELEC and CoA
judgment, by respondent, or else, dismissed 15 days from notice of 30 days from notice of
award, final judgment, judgment or final order
Grounds for dismissal resolution sought to be reviewed
With the CA With the SC
1. Non compliance with form and contents
2. Non payment of docket and 500 for costs
3. Filed manifestly for delay
4. Questions are too unsubstantial to warrant
CERTIORARI, PROHIBITION, MANDAMUS (Rule 65)
further proceedings
Constitutional Basis:
A8 S1 P2
S7- Comments of respondents
Judicial Power includes the duty of the courts of
- 18 copies
justice to settle actual controversies involving rights
- No other pleading may be filed unless
which are legally demandable and enforceable, and
required or allowed by court
to determine whether or not there is grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
S8- Effect of filing government.
49
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
o On appeal or certiorari, as the law 2. Date of the filing of the motion for
final judgments and orders of 3. Date of the denial of the motion for
Prohibition
7. all cases involving the legality of any
a. tax - Special civil action directed against any
b. impost tribunal, board, officer or person exercising
c. assessment judicial, quasi judicial, or ministerial
d. toll functions, to desist from further
e. any penalty imposed in relation proceedings in the event that the same
thereto acted with grave abuse of discretion
amounting to lack or excess of jurisdiction
8. all cases in which the jurisdiction of any
lower court is in issue Mandamus
9. all criminal cases in which the penalty - Special civil action directed against any
10. all cases in which only an error or question protect the rights of petitioner and to pay
50
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
enjoyment of a right or office to which such 2. where question raised in the certiorari
other is entitled proceedings have been duly raised and
passed upon by the lower court, or are the
QUALIFICATIONS in ALL 3: same as those raised and passed upon by
the lower court
- that there is no plain, speedy, or adequate
remedy in the ordinary course of law
3. where there is an urgent necessity for the
resolution of the question and any further
delay would prejudice the interest of the
Certiorari Mandamus Prohibition government or the petitioner or the subject
discretionary Ministerial Discretionary and
ministerial of the action is perishable
To annul order To order To restrain
performance performance
4. where under the circumstances, a motion
60 days from receipt of final judgment or order or from denial of
motion for reconsideration for reconsideration would be useless
Against entity or Against entity or Against entity or
person exercising j person exercising person exercising j,
or ej function ministerial function ej, ministerial 5. where petitioner was deprived of due
function process, and there is extreme urgency for
Without or GAD Unlawful neglect of Without or GAD
ministerial duty or
relief
excluded another
from a right or
6. where, in a criminal case, relief from an
office
Correct errors of Performance of act To restrain or order of arrest is urgent and the granting of
jurisdiction or desist from prevent usurpation such relief by the trial court is improbable
excluding another of jurisdiction
from a right or
office 7. where the proceedings in the lower court
are a nullity for lack of due process
Errors of Jurisdiction Errors of Judgment 9. where the issue raised is one purely of law
Court acted with GAD Misapprehension of law or where public interest is involved
amounting to lack or or facts by the court
excess of jurisdiction
Action of the court Valid proceeding
REQUIREMENTS:
Correctible by certiorari Correctible by appeal
Rule 65 Rules 40-43, 45 1. verified petition in 7 legible copies
1. where the order is a patent nullity, as 3. contain full names and addresses of
where the court has no jurisdiction petitioners and respondents, concise
statement of matters involved, factual
51
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
background of the case, grounds relied - superior courts would not take cognizance
upon for the relief prayed for of a case brought before it unless the case
has been decided by the lower courts in the
4. accompanied by clearly legible duplicate exercise of its jurisdiction
originals or certified true copies of award,
judgment, order, resolution, ruling subject Same principle in certiorari:
65 vs 45 (simplified)
8. service and filing to be done personally,
with explanation if not done personally Rule 65 Rule 45
60 days 15 Days
Motion for Not
General rule: reconsideration required
Questions of jurisdiction Questions of law
Certiorari is not a substitute for lost a ppeal SC, CA, RTC SC
Special civil action Mode of appeal/petition
Except: for review
52
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
agency, unless otherwise provided by law or these a. a person who usurps, intrudes into, or
rules, the petition shall be filed with and be unlawfully holds or exercises a public office,
cognizable only by the Court of Appeals. position, or franchise
In election cases involving an act or an omission of a b. a public officer who does or suffers an act
municipal or a regional trial court, the petition shall which by provision of law constitutes a
be filed exclusively with the Commission on ground for the forfeiture of his office
Elections, in aid of its appellate jurisdiction.
c. an association which acts as a corporation
within the Phils without being legally
incorporated or without lawful authority to
NO MORE EXTENSION OF TIME IS GIVEN TO FILE
act
CERTIORARI!
Period: (S11)
Within 1 YEAR
M4R based on Rule 65 M4R based on Rule 37
Of interlocutory order, Of final judgment or final
- after cause of ouster or right of petitioner
as preparation to file order, not including
to hold such office, or position arose
certiorari interlocutory orders
- proceeding or writ issued by the court to petitioner’s right to the office in question
Rule 66 S1
Quo Warranto Election Quo Warranto Rule 66
An action for usurpation of a public office, position, Code
or franchise may be commenced by a verified Election Code Rules of Court
petition brought in the name of the Republic of the COMELEC, RTC. MTC RTC, CA, SC
Philippines against: Omnibus Election Code Basis: A8 Consti, R66
Not Subject to BP129
53
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Foreclosure of Mortgage
Private property shall not be taken for public use
without payment of just compensation - termination of all the rights of the
mortgagor in the property covered by the
mortgage
Jurisdiction: RTC, incapable of pecuniary estimation
(BP129)
Rule 68 S1
Basis: (action involving title to or real property under
R4 S1) Contents of action:
CANNOT BE FILED WITH SC, because under EO jur of 1. date and due execution of mortgage
RTC
2. assignments, if any
54
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
5. statement of date of the note or other b. Filing of ordinary action to collect debt
MTC-RTC 20-50 OMM MM lower higher J Foreclosure, no right of redemption, except only if
morgagee is a bank
Where real property or portion thereof is situated
(R4 S1)
55
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
by common agreement (Rule 74 S1) possession of real property, binding upon the parties
A person having the right to compel partition of real 1. Accion interdictal - summary action for
estate may do so as provided in this Rule, setting recovery of physical possession of the
forth in his complaint the nature and extent of his property where dispossession has lasted for
title and an adequate description of the real estate more than 1 year; FE or UD
2 kinds: FE and UD
In case of adverse resolution:
Forcible Entry Unlawful Detainer
Person in physical Withholding by a person
56
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
possession of land was of possession of land or After the court determines that the case falls under
deprived of possession building summary procedure, it may, from an examination of
through FISTS the allegations therein and such evidence as may be
Unlawful ab initio Legal but becomes illegal attached thereto, dismiss the case outright on any of
Not require demand to Pay AND vacate; the grounds apparent therefrom for the dismissal of
vacate jurisdictional a civil action. If no ground for dismissal is found it
Prove prior possession No need to prove prior shall forthwith issue summons which shall state that
until deprived physical possession the summary procedure under this Rule shall apply.
1 y from date of actual 1 year from date of last
entry on land demand
S5- Answer
Within 10 days from service of summons, the
defendant shall file his answer to the complaint and
Filed by: R70 S1
serve a copy thereof on the plaintiff. Affirmative and
Person deprived of possession of land or building by negative defenses not pleaded therein shall be
deemed waived, except for lack of jurisdiction over
FISTS, or lessor, vendor, vendee, other person
the subject matter. Cross claims and compulsory
against whom possession of any land or building is
counterclaims not asserted in the answer shall be
unlawfully withheld considered barred. The answer to counterclaims or
cross claims shall be filed and served within 10 days
from service of the answer in which they are
pleaded.
Jurisdiction/Venue:
MTC of the place where property or portion thereof - Within 10 DAYS from service of summons
is situated (R4 S1) o Rule 70
o Summ Pro
Proceedings SUMMARY IN NATURE! (Rules on
Summary Procedure) S6- Effect of Failure to answer
Should the defendant fail to answer the complaint
within the period above provided, the court, motu
proprio or on motion of the plaintiff, shall render
Pertinent Provisions of the Rules on Summary judgment as may be warranted by the facts alleged
Procedure: in the complaint and limited to what is prayed for
therein. Provided, however, that the court may in its
(note the same... applies to all cases subject to Rules discretion reduce the amount of damages and AF
claimed for being excessive or otherwise
on Summary Procedure, ESPECIALLY PROHIBITED
unconscionable. This is without prejudice to
PLEADINGS AND MOTIONS)
applicability of R15 S4 of the Rules of Court, if there
are 2 or more defendants.
S3- Pleadings
The only pleadings allowed to be filed are the: S7- Preliminary conference; appearance of parties
Not later than 30 days after the last answer is filed, a
1. Complaints
preliminary conference shall be held. The rules on
2. Compulsory counterclaims
pre trial in ordinary cases shall be applicable to the
3. Cross claims pleaded in the answer
preliminary conference unless inconsistent with the
4. Answers thereto
provisions of this Rule.
57
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
his counterclaim in accordance with S6 hereof. All However, should the court find it necessary to clarify
cross claims shall be dismissed. certain material facts, it may, during the said period,
issue an order specifying the matter to be clarified,
If a sole defendant shall fail to appear, the plaintiff and require the parties to submit affidavits or other
shall be entitled to judgment in accordance with S6 evidence on the said matters within 10 days from
hereof. This Rule shall not apply where one of 2 or receipt of said order. Judgment shall be rendered
more defendants sued under a common cause of within 15 days after the receipt of the last
action who had pleaded a common defense shall clarificatory affidavits, or the expiration of the period
appear at the preliminary conference. for filing the same.
58
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
59
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
2 classifications of contempt:
2. INDIRECT CONTEMPT (S3)
1. Direct Contempt (R71 S1)
2. Indirect Contempt (R71 S2) - Main / Original action
o Can be filed in RTC or MTC
Actions covered:
DISCUSSION:
a. Misbehaviour of an officer of a
1. DIRECT CONTEMPT (S1) court in the performance of his
official duties or in his official
- A remedy transactions
Acts covered:
b. Disobedience of or resistance to a
- Misbehaviour in presence of or so near the lawful writ, process, order,
court as to obstruct or interrupt judgment of a court, including act
proceedings before the same of person who, after being
dispossessed or ejected from any
- Disrespect toward the court real property by the judgment or
process of any court of competent
- Offensive personalities towards people in jurisdiction, enters or attempts or
court induces another to enter into or
upon such real property, for the
- Refusal to be sworn or to answer as a purpose of executing acts of
witness ownership or possession, or in any
manner disturbs possession given
- Refusal to subscribe an affidavit or to the person adjudged to be
deposition when lawfully required to do so entitled thereof
60
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Section 14
e. Assuming to be an attorney or
officer of the court and acting as In an action affecting the title or the right of
such without authority possession of real property, the plaintiff and the
defendant, when affirmative relief is clai med in his
f. Failure to obey subpoena duly answer, may record in the office of the registry of
served deeds of the province in which the property is
situated
g. The rescue, or attempted rescue,
of a person or property in the a notice of the pendency of the action
custody of an officer by virtue of
Said notice shall contain the names of the parties
an order or process of a court held
and the object of the action or defense, and a
by him
description of the property in that province affected
Remedy: (R71 S11) thereby
Appeal to proper court as in criminal cases Only from the time of filing such notice for record
shall
a purchaser,
Direct Contempt Indirect Contempt
In presence of a judge, or encumbrancer
motu proprio or upon
motion of the property affected thereby,
Cant initiate Initiate
In presence or so near Not in presence of judge, be deemed to have constructive notice of the
judge disobey court order pendency of the action, and
Rem: certiorari Rem: appeal
remedy Original action only its pendency against the parties designated by
their real names
Upon filing of complaint, plaintiff may opt to file The notice of the lis pendens hereinabove
notice of lis pendens with the register of deeds mentioned
may be cancelled
61
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R13 S6 R13 S8
62
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
If service of pleadings, motions, notices, resolutions, 5. Rather, the pleading produces no legal
orders, or other papers cannot be made under the 2 effect
preceding section, the office and place of residence
of the party or his counsel being unknown, service
may be made by:
When is service deemed completed?
Delivering the copy to the clerk of court,
Personal Service (R13 S10)
with proof of failure of both personal
service and service by mail Personal service is complete upon actual delivery or
by handling a copy to defendant
The service is complete at the time of such delivery.
Service by mail (R13 S10)
Effect of non compliance with personal service? receipt by the addressee or after 5 days from the
date he received the first notice of the postmaster,
Note: Service other than personal service whichever date is earlier.
63
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Pag kulang, court to order correct payment If the court should determine after hearing that the
NOTE: Docket fees are suspended in party declared as an indigent is in fact a person with
compulsory counterclaims (SC Resolution 9- sufficient income or property,
21-04)
the proper docket and other lawful f ees shall be
which the court may order to be furnished him case against him, to file a n answer within
the reglementary period, or else, be
The amount of docket and o ther lawful fees which declared in default
the indigent was exempted from paying
Office of the Clerk of Branch Clerk of Court
- shall be a lien on a ny judgment rendered in Court
the case favorable to the indigent,
o unless the court otherwise Office Person
provides
Receives complaint and Serves summons upon
payment of the docket the defending party
fees
Any adverse party
64
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Can you serve summons by mail? 2. By leaving the copies at defenda nt’s office
or regular place of business with some
NO competent person in charge thereof
1. Defendant’s residence with some person of - Affects personal status of the plaintiff or
suitable age and discretion then residing - Relates to, or the subject of which, is
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
actions?
Def endant’s residence
with some person of
Yes. R14 S15 states that when defendant does not
suitable age and
reside and is not found in the Philippines, and the discretion then residing
action affects the personal status of the plaintiff or therein or
relates to, or the subject of w hich, is property within
the Philippines in which defendant has or claims a By leaving the copies at
lien or interest, actual or contingent, or in which th e defendant’s office or
regular place of business
relief demanded consists, wholly or in part, in
with some competent
excluding defendant from any interest therein, or
person in charge thereof
the property of defendant has been attached within
the Philippines, service may, by leave of court, be
effected out of the Philippines by: Through process server
or upon motion- by
1. Personal service as under S6** service of summons by
substituted service
2. By publication in a n ewspaper of general
circulation in such places and for such time
as the court may order, in which case a
copy of the summons and order of the
court shall be sent by registered mail to the
R14 S14
last known address of defendant, or
In any action where the defendant is designated as
3. In any other manner the court may deem an unknown order, or the like, or whenever his
sufficient whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
Substituted Service vs Extraterritorial Service of newspaper of general circulation and in such places
Summons and for such time as the court may order .
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- Instance where in personam, yet Reason: the court cannot proceed with the case
publication is allowed (exception to the without jurisdiction over the person of the defending
general rule) party
o Identity is unknown or
whereabouts are unknown Exception to exception: SMALL CLAIMS
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
or mother.
In any action where the defendant is designated as
an unknown order, or the like, or whenever his
whereabouts are unknown and cannot be
Upon domestic private juridical entity ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
R14 S11 newspaper of general circulation and in such places
and for such time as the court may order .
When the defendant is a corporation, partnership, or
association organized under the laws of the
Philippines without a juridical personality, service
may be made on the President, Managing Partner, Extraterritorial Service
General Manager, Corporate Secretary, Treasurer,
or In House Counsel R14 S15
NOTE: the LIST IS EXCLUSIVE!!!!! When the defendant does not reside and is not
found in the Philippines, and the action aff ects the
Service upon foreign private juridical entity personal status of plaintiff or relates to, or the
subject of which, is property within the Philippines,
R14 S12 in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief
When the defendant is a foreign private juridical
demanded consists, wholly or in party, in excluding
entity which has transacted business in the
defendant from any interest therein, or the property
Philippines, service may be made on its reside nt
of the defendant has been attached within the
agent designated in accordance with law for that
Philippines, service may, by leave of court, be
purpose, or, if there be no such agent, on the
effected out of the Philippines by personal service
government official designated by law to that effect,
as under S6; or by publication in a newspaper of
or on any of its officers or agents within the
general circulation in such places and for such time
Philippines.
as the court may order, in which case a copy of the
summons and order of the court shall be sent by
registered mail to the last known address of the
Service upon public corporations defendant, or in any other manner the court may
deem sufficient. Any order granting such leave
R14 S13
shall specify a reasonable time, which shall not be
When the defendant is the Republic of the less than 60 days after notice, within which the
Philippines, service shall be made on the Solicitor defendant must answer .
General; in case of a province, city or municipality,
or like public corporations, service may be effected
on its executive head, or on such other officer or Upon residents temporarily out of the
officers as the law or the court may direct . Philippines
R14 S16
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
When any action is commenced against a defendant 1. Complaint in intervention- because third
who ordinarily resides within the Philippines, but person submitted to jurisdiction of the
who is temporarily out of it, service may, by leave of court
court, be also effected out of the Philippines, as
under the preceding section. 2. Not in permissive counterclaim- because
defendant aka original plaintiff is already a
party to the action, jurisdiction over him in
original complaint was already taken from
If summons cannot be served because non resident,
the start
unknown, or out of the Phils, as plantiff, what is your
remedy?
3. In case of formal not substantial
Convert action in personam to quasi in rem amendments
Court acquires jurisdiction over the RES Pag pinaserve mo sa process server, meron, but not
Because nature of the case has become required (abutan mo na lang para hindi kawawa, sige
quasi in rem ka, baka hindi i serve)
3. With respect to third party complaint, serve Ex parte issuance of preliminary injunction
4. With respect to fourth party complaint, Court not to issue injunction unless there is invalid
th
serve upon 4 party defendant (relate to R6 service of summons
S11)
Notice and hearing
NOT in:
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Voluntary appearance
Motion for Bill of Particulars (Rule 12)
1. Filed responsive pleading
2. Submitted to jurisdiction of the court, Motion to amend the pleading (Rule 10)
Rule 14 S20
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
a. That the court has no jurisdiction over the File an answer within the balance of the period
person of the defending party prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
Relate to R14 event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
Jurisdiction over defendant may be acquired by:
adverse, file an appeal assigning as error the denial
voluntary appearance or by valid service of
of the motion to dismiss.
dismiss. And when the denial
denial is
summons, except if appearance is to question the
tainted with grave abuse of discretion amounting to
jurisdiction of the court
lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65.
GRANTED:
Refile
Move for alias summons c. That venue is improperly laid
GRANTED: Refile
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Then proceed with the trial, and when the decision is event, computed from receipt of notice of denial.
adverse, file an appeal assigning as error the denial Then proceed with the trial, and when the decision is
of the motion to dismiss. And when the denial is adverse, file an appeal assigning as error the denial
tainted with grave abuse of discretion amounting to of the motion to dismiss. And when the denial is
lack or excess of jurisdiction on the part of the court, tainted with grave abuse of discretion amounting to
file for certiorari under Rule 65. lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65.
GRANTED:
GRANTED:
Appeal
Appeal
DENIED:
DENIED:
File an answer within the balance of the period
File an answer within the balance of the period prescribed by Rule 11 to which entitled at the time
prescribed by Rule 11 to which entitled at the time of serving motion, but not less than 5 days in any
of serving motion, but not less than 5 days in any event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
73
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
adverse, file an appeal a ssigning as error the denial adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court, lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65. file for certiorari under Rule 65.
g. That the pleading asserting the claim i. That the claim on which the action is
states no cause of action founded is unenforceable under the
Statute of Frauds
Aka FAILURE TO STATE CAUSE OF ACTION
(note: 1403, NCC)
GRANTED:
GRANTED:
Refile
Amend the pleading Appeal
DENIED: DENIED:
File an answer within the balance of the period File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial. event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decis ion is Then proceed with the trial, and when the decision is
adverse, file an appeal a ssigning as error the denial adverse, file an appeal assigning as error the denial
of the motion to dismiss. And when the denial is of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court, lack or excess of jurisdiction on the part of the court,
file for certiorari under Rule 65. file for certiorari under Rule 65.
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
File an answer within the balance of the period WITH PREJUDICE- e, f, h, i of Rule 16
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any WITHOUT PREJUDICE- the rest of Rule 16
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
adverse, file an appeal a ssigning as error the denial
of the motion to dismiss. And when the denial is
tainted with grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of the court,
Rule 50 S1- Motion to dismiss appeal
file for certiorari under Rule 65.
An appeal may be dismissed by the CA on its own
motion or on that of appellee , on the following
MOTU PROPRIO DISMISSAL: (see underlined below) grounds:
3. that the action is barred by prior judgment 6. Absence of specific assignment of errors in
or by statute of limitations, the appellant’s brief, or of page references
to the record as required in S13 par a, c, d, f
of Rule 44
the court shall dismiss the claim 7. Failure of appellant to take necessary steps
for the correction or completion of the
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Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
record within the time limited by the court 2. It does not interrupt the running of the
in its order prescriptive/reglementary period for the
filing of the requisite pleading
8. Failure of appellant to appear at the
preliminary conference under R48 or to 3. It will be ground for denial of the motion
comply with orders, circulars, or directive of
the court without justifiable cause, and 4. The motion shall be considered as not filed
Execution of the act subject of the motion,
9. The fact that the order or judgment because it would be deemed as a final order
appealed from is not appealable
If act is adversely ruled due to non compliance with
the Rules on Motion, file M4R within 15 days (Rule
37)
Side note: RULES ON MOTION
IF requisites are not complied with, What are the kinds of motions?
1. *the motion shall be treated as a worthless Motion ex parte / Non Litigated Motion
piece of paper which the clerk of court has Made without the presence of or
no right to receive and the court has no notification to the other party because the
authority to act upon (mere scrap of paper) question generally presented is not
debatable
Motion of course
76
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Special Motion
Motion to set case for pre trial
A motion addressed to the discretion of the
court
Motion to dismiss
Motion to lift order of default
77
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Motion to dismiss after a responsive R12 S1 states that a bill of particulars is filed before
pleading, responding to a pleading, following the reglementary
periods provided for under R11. (If the pleading is a
PWEDE, raise as affirmative defense, then set the reply, the motion must be filed within 10 days from
motion to dismiss for hearing service thereof)
B. MOTION FOR BILL OF PARTICULARS (R12) Requirements for filing Bill of Particulars:
(Note: Different from motion for bill of particulars in (R12 S1 in relation to R15)
Criminal Procedure)
1. A written motion by the defending party
Motion for Bill of Motion for Bill of before the court for a bill of particulars
Particulars in Civ Pro Particulars in Crim Pro
2. If the pleading is a reply, the motion must
Rule 12 R116 S9
be filed within 10 days from service
May be filed before May be filed before
responding to a pleading arraignment 3. The motion shall point out the defects
complained of, the paragraphs wherein
Address any matter in Address alleged defects they are contained, and the details desired
the pleading not averred in the criminal complaint
with sufficient or information 4. The motion is to be filed befo re the filing of
definiteness or responsive pleading
particularity
5. In writing
Purpose is to prepare Purpose is to enable
responsive pleading properly to plead and 6. Hearing of motion set by applicant
prepare for trial
78
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
The motion for bill of particulars is denied. 1. Adding or striking out an allegation or name
Remedy? of any party or
2. Correcting a mistake in the name of a party
R12 S5
or a written or inadequate allegation or
After service of the Bill of Particulars or of a more description in any other respect,
definite pleading, or after notice of denial of his a. So that the actual merits of the
motion, the moving party may file his responsive controversy may speedily be
at the time of filing his motion which shall not b. Without regard to technicalities,
IN SHORT:
Effect of order of failure to comply to file Bill of
Particulars Amendment is the process of adding or
striking out or correcting a name or
R12 S4 allegation
as it deems just.
Granted: Clarify, file bill of particulars right at any time before a responsive pleading is
served or in the case of a reply, at any time within 10
Denied, answer within the plenary period days after it is served.
79
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
A defect in the designation of the parties or other If there is no responsive pleading y et- amendment as
clearly clerical or typographical errors may be a matter of right
summarily corrected by the court at any stage of the
action, at its initiative or on motion, provided no Once- matter of discretion
80
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
81
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
PLEADING hearing
YES
NO (Prohibited pleading)
- As a matter of right
- As a matter of discretion
o NO PROHIBITION under the Rules Motion to dismiss in Summary Procedure?
on Summary Procedure
NO (prohibited pleading)
EXCEPT:
D. MOTION FOR EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING (Rule 11) 1. lack of jurisdiction over the person of the
defending party
Rule 11 S11 2. lack of jurisdiction over the person of the
defendant
Section 11
3. failure to comply with the Barangay
Conciliation Proceedings
the court may extend the time to plead provided in Small Claims Cases- motion to dismiss absolutely
The court may also, upon like terms, E. SUMMARY JUDGMENT (Rule 35)
82
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
DEFAULT (Rule 9)
(R9 in relation to Rule 6)
Denied,
83
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Order of default
R9 S3 in relation to Rule 10
DENIED,
- Order of default issued by court, there is
Motion for reconsideration
amendment of the pleading, order of
DENIED, default is dissolved
SC M4R Rule 52
84
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Nature: Final Judgment File a petition for review on c ertiorari before the SC
raising only questions of law which must be distinctly
R9 in relation to R11 set forth, within 15 days from notice of the denial of
petitioner’s motion for reconsideration filed in due
Based on presentation of evidence ex parte
time after notice of the judgment.
REMEDY:
85
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
before the SC, with proof of service on the adverse Answer to cross claim
party.
rd th
Answer to 3 4 etc party complaint
Basis: R52 S1
1. File petition for relief from judgment, order, Answer to amended counterclaim
or other proceeding on the ground of entry
of such judgment or final order, or any Answer to amended cross claim
other proceeding is thereafter taken against
rd th
a party in a court through FAME (Rule 38 Answer to amended 3 4 etc party
S1) complaint
Answer- the pleading setting forth the defending Answer to amended counter counterclaim
party’s defenses
Answer to amended counter cross claim
(Bears the same parts of a pleading)
WITHIN WHEN?
Discuss the periods to answer to responsive
What are the responsive pleadings? pleadings under Rule 11 of the Rules of Court:
86
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
rd th
R14 S15 5. Answer to 3 4 etc party complaint
R19 S4
2. Compulsory counterclaim
The answer to the complaint in intervention shall be
(note above periods?) filed within 15 days from notice of the order
admitting the same , unless a different period is fi xed
by the court
7. Reply
R11 S6
87
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R11 S3
10. Answer to supplemental complaint Answer in third party complaint- Can you raise
Counterclaim or cross claim?
R11 S7
YES!
A supplemental complaint may be answered within
10 days of the order admitting the same , unless a But, if counterclaim against counterclaim, counter
different period is fixed by the court. The answer to counterclaim
the complaint shall serve as a nswer to the
supplemental complaint if no new or supplemental IF cross claim against cross cla im, then counter cross
answer is filed. claim
88
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
a. Fraud
b. Statute of limitations
Omitted counterclaim or cross claim c. Release
d. Payment
REMEDY: amend the answer e. Illegality
f. Statute of frauds
g. Estoppel
h. Former recovery
Motion to dismiss with counterclaim
i. Discharge in bankruptcy
If permissive counterclaim, PWEDE j. Any other matter by way of confession and
Kasi, independent sa main action avoidance
89
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Ground for motion to dismiss (if M2D not filed or Specifically deny par 2 __ for being untrue, the truth
M2D denied), may be pleaded as an affirmative of the matter is that...
defense in the answer
3. Disavowal of knowledge
Affirmative defense is granted, case is dismissed.
Remedy? - By an allegation of lack of knowledge or
information sufficient to form a belief as to
APPEAL (Because trial is on the merits) the truth or falsity of the averment in the
opposing party’s pleading
With respect too negative defenses, note SPECIFIC Specific denial in par __ __ __ for lack of knowledge
DENIALS to truth or belief of the same
EXCEPT:
- JUDGMENT ON THE PLEADINGS (Rule 34) - Document which creates rights, which
serves as basis for filing of the complaint
2. Usury in a complaint
Kinds of Denials:
90
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Failure to verify = deemed admitted 1. After answer and deponent is not confined
HENCE, judgment on the pleadings in prison
91
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
documents or things subject of the motion 2. Residing 100 km away, sick or infirm
This mode of discovery does not authorize the Production or Inspection Subpoena
opposing party or clerk or other functionaries of the
of Documents or Things
court to distrain the articles or deprive the person
who produced the same of their possession, even Mode of discovery Process
temporarily
By motion By request
92
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Mode of discovery Exception to the best - At any time before service of the answer or
evidence rule of a motion for summary judgment
Special proceeding Mode of discovery Plaintiff fails to comply with these Rules or
any order of the court
File a petition File a motion
93
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
1. First complaint filed by plaintiff before court The dismissal shall be without prejudice,
of competent jurisdiction unless otherwise specified in the order
2. At any time before service of answer or of
motion for summary judgment, plaintiff
filed notice of dismissal of the first (S3), due to fault of plaintiff
complaint, which the court granted (effect
The dismissal shall have the effect of an
without prejudice)
adjudication upon the merits unless
3. Second complaint filed by plaintiff involving
otherwise declared by the court
an action based on or including the same
claim before court of competent jurisdiction
4. At any time before service of answer or of
motion for summary judgment, plaintiff What are your remedies, as plaintiff, in such cases?
filed notice of dismissal of the second
S1- dismissal upon notice by plaintiff
complaint based on or including the same
claim as the first complaint refile the case (unless the 2-di smissal rule
applies [?])
Effect of 2 dismissal rule (R17 S1):
The second notice of dismissal shall operate as an or if so declared with prejudice, appeal the
adjudication upon the merits. dismissal
st
1. 1 action is not related to the secon d action Refile the case
2. Court dismissing the second action is a If the court declares that the dismissal is
court not of competent jurisdiction with prejudice, appeal the dismissal
94
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
the court may, on motion of that party, direct There is answer filed If filed by plaintiff, filed
judgment on such pleading at any time before
answer is served
However, in an action for declaration of
- nullity or
- annulment of marriage or If filed by defendant,
- for legal separation, may be filed at any time
even before answer
the material facts alleged in the complaint shall
always be proved
Exception that JoP be on motion: A pleading, the office or function of which is to deny
or allege facts in denial or avoidance of new matters
- if at pre trial court finds that judgment on
alleged by way of defense in the answer and thereby
the pleadings is proper, it can render such
join or make issue as to such new matters.
judgment motu proprio
If a party does not file such reply, all the new
matters alleged in the answer are deemed
- immaterial allegations
- allegations of damages in the complaint
VIII. REJOINDER
Based solely on the Based on pleadings, IX. PRE TRIAL (Rule 18)
pleadings depositions, admissions,
Rule 18 S1 COMPLETE:
affidavits
AFTER the LAST PLEADING ASSERTING A CLAIM has
Answer fails to tender an No genuine issue
been served and filed, or AFTER the E XPIRATION OF
issue or there is an between the parties
THE TIME FOR FILING THE LAST PLEADING
admission of material
ASSERTING A CLAIM, a pre trial is to be conducted
allegations
95
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
upon motion ex parte by plaintiff that the case be Pre Trial in Criminal Pre Trial in Civil Cases
set for pre trial Cases
Mandatory requirement
Pre Trial Conference- yes After arraignment, After the last pleading
within 30 days from the asserting a claim has
date the court acquires been served and filed
jurisdiction over the
Answer
accused
Answer to cross claim No pre trial brief Pre trial brief is required
to be filed and served
Answer to third party complaint
Answer to complaint in intervention Counsel of accused and Parties and counsel are
prosecutor are required required to appear
Reply to answer to appear
96
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
97
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Pre Trial In Criminal Pre Trial in Civil f. The advisability of a preliminary conference
of issues to a commissioner
After arraignment After last pleading
asserting a claim has g. The propriety of rendering judgment on the
been served and filed pleadings or summary judgment or of
dismissing the action should a valid ground
No pre trial brief With pre trial brief
therefore the found to exist
Order of pre trial signed
by accused and counsel h. The advisability or necessity of suspending
so admissions are the pleadings
binding
i. Such other matters as may aid in the
Failure to appear, Failure to appear by prompt disposition of the action
sanctions against plaintiff, dismissal of
counsel and prosecutor case with prejudice
Failure to appear by The parties shall file with the court and serve on the
adverse party, in such manner as shall ensure their
defendant, plaintiff to
present evidence ex receipt thereof at least 3 days before the date of the
pre trial, their respective pre trial briefs which shall
parte
contain, among others:
98
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Failure to file the pre trial brief shall have the same
effect as failure to appear at the pre trial.
Effects of failure to appear at the pre trial:
(R18 S4)
1. Duty of the parties and their counse l to Remedies in case of failure to appear by plaintiff /
appear at the pre trial defendant:
99
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- Order allowing ex parte presentation of BAWAL accdg sa Manual of Clerk of Court (ugat ng
evidence was issued, plaintiff presents ex corruption)
parte evidence
- Before judgment becomes final and The only time na pwede is when he is not
REMEDIES:
Conducted by Court of CLERK OF COURT - File motion for reconsideration (Rule 37) or
100
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
X. TRIAL
- File for annulment of judgment, final
order, or resolution under Rule 47 or The best part of law practice
o GROUND: extrinsic fraud
101
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Re Cross Examination
102
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- Secondary
- Not identical NOTE: in summary proceedings, no trial, no
demurrer to evidence
In Criminal Cases,
Then,
There is demurrer to evidence in Summary
Order of admission/Exclusion of evidence Procedure
103
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
104
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
3. REBUTTAL EVIDENCE
Kinds of Judgments:
5. MEMORANDUM
JUDGMENT UPON A COMPROMISE
Narration of facts of the case, issues, no
cause of action, no defenses, but only - Judgment rendered by the court on the
contain discussions basis of compromise agreement entered
into by the parties
- Immediately executory upon signing of
compromise agreement in absence of
After trial,
motion to set aside on the ground of FAME
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Without prejudice
Judgment by Confession Relicta Refers to dismissal of a case without
Verificatione prejudice to its being refiled
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party the relief prayed for on the basis of particular claim and all counterclaims
his evidence presented ex parte by plaintiff arising out of the transaction or occurrence
which is the subject matter of said claim
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CONDITIONAL JUDGMENT
FINAL JUDGMENT
Law of the Case
Judgment which disposes of the whole
subject matter or terminates the particular
proceedings or action, leaving nothing to be
done by the court but to enforce in
execution what has been determined
Judgment of the court which serves to Motion for New Trial (Rule 37)
bolster or add to the original judgment, and
does not take place nor extinguish the Reopening of Trial (Rule 119)
original judgment
Appeal (Rules 40-43, 45)
Conclusiveness of judgment
1. Motion for Reconsideration (Rule 37)
R37 S1
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NOTE: Interlocutory orders are non appealable (AM - from the judgment, order of denial,
filed within the period for taking an appeal, to 30 days from denial of M4R/MNT
set aside the judgment or final order order and
grant a new trial based on the ff grounds
materially affecting substantial rights of a party:
MTC decisions
(R37 S1)
MTC
1. FAME which ordinary prudence could not M4R
have guarded against and by reason of Under
Rule 37
which such aggrieved party has probably RTC
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Notice/Record on Appeal
RTC
General Rule:
Petition 4
review on
2. When inference is manifestly absurd,
certiorari mistaken, or impossible
under
Rule 45
3. When judgment is premised on a
misrepresentation of facts
SC
M4R 4. When there is GAD in appreciation of facts
Rule
52
5. When findings of fact are conflicting
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6. When CA in making its findings went S2- Petition for relief from denial of appeal
beyond the issues of the case and the same
is contrary to both the admissions of When judgment or final order is rendered by court in
appellants and appellees any case, and a party thereto, by FAME, has been
prevented from taking an appeal, he may file a
7. When findings of fact of CA are at variance petition in such court and in the same case and
with those of the trial court, the SC has to praying that the appeal be given due course.
- Relate to appeal
9. When facts set forth in the petition as well
o Failure to appeal due to FAME
as in the petitioner’s main and reply briefs
are not disputed by respondents
10. when findings of fact of the CA is premised 2. Petition for Annulment of judgment (Rule
on supposed evidence and is contradicted 47)
by evidence on record
RTC exclusive original jurisdiction to CA
Annulment of judgment
REMEDIES AFTER JUDGMENT BECOMES FINAL AND
EXECUTORY: - Remedy in law independent of the case
where the judgment sought to be annulled
1. Petition for relief from Judgment (Rule 38)
was rendered and may be availed of though
S1- Petition for relief from judgment, orders, other the judgment has been executed
proceedings
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R39 S8
f. Case number
BY MOTION- 5 years
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7. Controversy was never submitted to the After the trial court has lost jurisdiction, the motion
court for execution pending appeal may be filed in the
appellate court.
Rule: Dispositive portion of decision is the part that Discretionary execution may only issue upon good
becomes subject of execution reasons to be stated in a special order after due
hearing.
Except:
Grounds:
Discretionary Execution Execution as a matter of
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3. There are good reasons stated in a special which is 10 years from entry under 1144,
3. Accounting cases
4. Support
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Garnishment
4. Necessary clothing and articles for ordinary
S10- Execution of judgments for specific act 8. One fishing boat and accessories not
exceeding total value of 100k pesos owned
1. Conveyance, delivery of deeds, other by a fisherman and by the lawful use of
specific acts vesting title which he earns his livelihood
2. Sale of real or personal property
3. Delivery or restitution of real property 9. So much of the salaries, wages, or earnings
4. Removal of improvements on property of the judgment obligor for his personal
subject of execution services within the 4 months preceding the
5. Delivery of personal property levy as are necessary for support of his
family
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rd
Remedies of 3 party claimant: S30- Proof required of redemption
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4. Make necessary repairs to buildings 6. If court finds that the judgment debtor has
thereon while he occupies the property an ascertainable interest in real property
either as mortgagor, mortgagee or
5. Use it in the ordinary course of business otherwise, and his interest can be
ascertained without controversy, the court
6. Collect rents, earnings, and income derived may order the sale of such interest
from the property until expiration of the
period of redemption 7. If the person alleged to have the property
of the judgment debtor or be indebted to
him, claims an adverse interest in the
property or denies the debt, the court may
authorize judgment creditor to institute an
S35- Remedies of judgment creditor in aid of
action to recover the property, forbid is
execution
transfer and may punish disobedience for
1. If execution is returned unsatisfied, he may contempt
cause examination of judgment debtor as to
his property and income
2. He may cause examination of debtor of the S47- Effect of judgment or final order
judgment debtor as to any debt owed by
him or to any property of the judgment Res judicata
debtor in his possession
- Bar by former judgment/direct estoppel by
4. If court finds the earnings of the judgment - Inalterability of final and executory
debtor are more than sufficient for his judgment
family’s needs, it may order payment in
instalments
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