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General Principles (c) Judicial process for enforcing rights and duties
recognized by substantive law and for justly
administering remedy and redress for a disregard
CONCEPT OF REMEDIAL LAW or infraction of them. [Fabian v Desierto (1998)]
CONCEPT
Remedial statute or statutes: SUBSTANTIVE LAW
(1) relating to remedies or modes of procedure; That part of the law which creates, defines and
(2) do not take away or create vested rights; regulates rights concerning life, liberty, or property, or
(3) BUT operate in furtherance of rights already the powers of agencies or instrumentalities for the
existing. [Riano citing Systems Factor Corporation administration of public affairs [Bustos v Lucero
v NLRC (2000)] (1948)]

The Rules of Court, promulgated by authority of law, RULE-MAKING POWER OF THE SUPREME COURT
have the force and effect of law, if not in conflict with (a) The Rules of Court was adopted and
positive law [Inchausti & Co v de Leon (1913)]. The rule promulgated by the Supreme Court pursuant to
is subordinate to the statute, and in case of conflict, the provisions of Sec 5(5) of Art. VIII of the
the statute will prevail. [Shioji v Harvey (1922)]. Constitution, vesting in it the power to:
(1) Promulgate rules concerning the protection
APPLICABILITY and enforcement of constitutional rights,
The Rules of Court is applicable in ALL COURTS, pleading, practice and procedure in all courts,
except as otherwise provided by the SC [Rule 1, Sec. the admission to the practice of law, the
2]. Integrated Bar, and legal assistance to the
underprivileged.
It governs the procedure to be observed in civil or (b) The power to promulgate rules of pleading,
criminal actions and special proceedings [Rule 1, Sec. practice, and procedure is no longer shared by the
3]. It does not apply to the following cases: [ELCINO] Supreme Court with Congress, more so with the
(1) Election cases, executive… [Riano citing Echegaray v Secretary of
(2) Land registration cases, Justice (1999)]
(3) Cadastral cases,
(4) Naturalization cases, LIMITATIONS ON THE RULE-MAKING POWER OF THE
(5) Insolvency proceedings SUPREME COURT
(6) Other cases not herein provided for Sec 5(5) of Art. VIII of the Constitution sets forth the
limitations to the power: [SUS]
Except by analogy or in a suppletory character and (a) that the rules shall provide a simplified and
whenever practicable and convenient [Rule 4, Sec. 4] inexpensive procedure for speedy disposition of
cases;
PROSPECTIVITY/RETROACTIVITY (b) that the rules shall be uniform for courts of the
The Rules of Court are not penal statutes and cannot same grade; and
be given retroactive effect [Bermejo v Barrios (1970)]. (c) that the rules shall not diminish, increase or
modify substantive rights.
Rules of procedure may be made applicable to
actions pending and undetermined at the time of POWER OF THE SUPREME COURT TO AMEND AND SUSPEND
their passage, and are deemed retroactive in that PROCEDURAL RULES
sense and to that extent. [In the Matter to Declare in Power to amend remedial laws
Contempt of Court Hon. Simeon Datumanong (a) The constitutional faculty of the Court to
(2006)]. promulgate rules of practice and procedure
necessarily carries with it the power to overturn
SUBSTANTIVE LAW AS DISTINGUISHED FROM judicial precedents on points of remedial law
REMEDIAL LAW through the amendment of the Rules of Court.
[Pinga v Heirs of Santiago (2006)].
REMEDIAL LAW OR PROCEDURAL LAW (b) The SC has the sole prerogative to amend, repeal,
(a) provides a method of enforcing the rights or even establish new rules for a more simplified
established by substantive law; and inexpensive process, and the speedy
(b) prescribes the method of enforcing rights or disposition of case [Neypes v CA (2005)]
obtaining redress for their invasion. [Bustos v
Lucero (1948)]

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Power to suspend remedial laws COURT AS DISTINGUISHED FROM A JUDGE


(a) It is within the inherent power of the Supreme
Court to suspend its own rules in a particular case Court Judge
in order to do justice [De Guia v De Guia (2001)].
(b) When the operation of rules will lead to an Tribunal officially
injustice or if their application tends to subvert assembled under Simply an officer of such
and defeat instead of promote and enhance authority of law tribunal
justice, their suspension is justified [Republic v CA
(1978)]. An organ of the Person who sits in court
(c) There is no absolute rule as to what constitutes government with a
good and sufficient cause that will merit personality separate and
suspension of the rules. The matter is distinct from judge
discretionary upon the Court [Republic v Imperial
Jr. (1999)]. An office A public officer [Riano]
(d) The bare invocation of "the interest of substantial
justice" is not a magic wand that will The circumstances of the court are not affected by the
automatically compel this Court to suspend circumstance that would affect the judge. The
procedural rules [Ramos v Sps Lavendia (2008)]. continuity of a court and the efficacy of its
(e) Procedural rules are not to be belittled or proceedings are not affected by the death,
dismissed simply because their non-observance resignation, or cessation from the service of the
may have resulted in prejudice to a party's judge presiding over it. In other words, the judge may
substantive rights. Like all rules, they are required resign, become incapacitated, or be disqualified to
to be followed except only for the most persuasive hold office, but the court remains. The death of the
of reasons when they may be relaxed to relieve a judge does not mean the death of the court [Riano
litigant of an injustice not commensurate with the citing ABC Davao Auto Supply v. CA (1998)].
degree of his thoughtlessness in not complying
with the procedure prescribed. [Polanco v Cruz CLASSIFICATION OF PHILIPPINE COURTS
(2009)]. Note: Please see succeeding subsections for
discussions on a to d.
NOTE: Although not laws in the technical sense of (a) Courts of law and equity
the term, Rules of Court, promulgated by authority of (b) Courts of Original and Appellate jurisdiction
law, have the force and effect of law. [Riano citing (c) Courts of General and Special jurisdiction
Shioji v Harvey (1922)] (d) Constitutional and statutory courts
(e) Superior and Inferior courts
Applicability: Prospective (1) Superior courts – Courts which have the
The Rules of Court shall govern cases brought after power of review or supervision over another
they take effect, and also all further proceedings and lower court.
then pending, EXCEPT to the extent that in the (2) Inferior courts – Those which, in relation to
opinion of the Court their application would not be another court, are lower in rank and subject to
feasible or would work injustice. [Riano citing Rule review and supervision by the latter.
114] [Regalado]
(f) Courts of record and not of record
NATURE OF PHILIPPINE COURTS (1) Courts of record – Those whose proceedings
MEANING OF A COURT are enrolled and which are bound to keep a
written record of all trials and proceedings
Definition handled by them. [Regalado] One attribute of
(a) A court is an organ of the government belonging a court of record is the strong presumption as
to the judicial department, the function of which is to the veracity of its records that cannot be
the application of the laws to controversies collaterally attacked except for fraud. All
brought before it (and) as well as the public Philippine courts, including inferior courts, are
administration of justice. now courts of record. [Riano]
(b) Generally, the term describes an organ of the (2) Courts not of record – Courts which are not
government consisting of one person or of several required to keep a written record or transcript
persons, called upon and authorized to of proceedings held therein.
administer justice. It is also the place where
justice is administered. [Riano citing Black’s and
Am. Jur. and C. J. S.]

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COURTS OF ORIGINAL AND APPELLATE JURISDICTION important reasons therefor, clearly and
(a) Courts of original jurisdiction – Those courts in specifically set out in the petition. [Mangahas v.
which, under the law, actions or proceedings may Paredes (2007)]. The Supreme Court may
be originally commenced. disregard the principle of hierarchy of courts if
(b) Courts of appellate jurisdiction – Courts which warranted by the nature and importance of the
have the power to review on appeal the decisions issues raised in the interest of speedy justice and
or orders of a lower court. [Regalado] avoid future litigations [Riano].

COURTS OF GENERAL AND SPECIAL JURISDICTION DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF


(a) Courts of general jurisdiction – Those competent JUDICIAL STABILITY
to decide their own jurisdiction and to take (a) The principle holds that courts of equal and
cognizance of all kinds of cases, unless otherwise coordinate jurisdiction cannot interfere with each
provided by the law or Rules. other’s orders [Lapu-lapu Development and
(b) Courts of special or limited jurisdiction – Those Housing Corp. v. Group Management Corp.(2002)]
which have no power to decide their own The principle also bars a court from reviewing or
jurisdiction and can only try cases permitted by interfering with the judgment of a co-equal court
statute. [Regalado] over which it has no appellate jurisdiction or
power of review [Villamor v. Salas (1991)].
CONSTITUTIONAL AND STATUTORY COURTS (b) The doctrine of non-interference applies with
(a) Constitutional courts – Those which owe their equal force to administrative bodies. When the law
creation and existence to the Constitution and, provides for an appeal from the decision of an
therefore cannot be legislated out of existence or administrative body to the SC or CA, it means
deprived by law of the jurisdiction and powers that such body is co-equal with the RTC in terms
unqualifiedly vested in them by the Constitution. of rank and stature, and logically beyond the
e.g. Supreme Court; Sandiganbayan is a control of the latter [Phil Sinter Corp. v. Cagayan
constitutionally-mandated court but created by Electric Power (2002)].
statute.
(b) Statutory courts – Those created, organized and
with jurisdiction exclusively determined by law.
[Regalado]
Jurisdiction
COURTS OF LAW AND EQUITY
Philippine courts are both courts of law and equity. JURISDICTION
Hence, both legal and equitable jurisdiction is Jurisdiction is defined as the authority to try, hear
dispensed with in the same tribunal [U.S. v. and decide a case [Tolentino v. Leviste (2004)].
Tamparong (1998)]
Judicial power includes the duty of the courts of
PRINCIPLE OF JUDICIAL HIERARCHY justice: [Art 8, Sec. 1, Constitution]
(a) The judicial system follows a ladderized scheme (a) To settle actual controversies involving rights
which in essence requires that lower courts which are legally demandable and enforceable;
initially decide on a case before it is considered by (b) To determine WON there has been a grave abuse
a higher court. Specifically, under the judicial of discretion amounting to lack or excess of
policy recognizing hierarchy of courts, a higher jurisdiction on the part of any government
court will not entertain direct resort to it unless branch/ instrumentality.
the redress cannot be obtained in the appropriate
courts. [Riano citing Santiago v. Vasquez (1993)] All courts exercise judicial power. Only the Supreme
(b) The principle is an established policy necessary to Court is the court created by the Constitution [Art 8,
avoid inordinate demands upon the Court’s time Sec. 1, Constitution]. The Sandiganbayan is a
and attention which are better devoted to those Constitutionally mandated court, but it is created by
matters within its exclusive jurisdiction, and to statute. [PD 1486]
preclude the further clogging of the Court’s docket
[Lim v. Vianzon (2006)]. JURISDICTION IN GENERAL
(c) When the doctrine/principle may be disregarded:
A direct recourse of the Supreme Court’s original JURISDICTION OVER THE PARTIES
jurisdiction to issue writs (referring to the writs of Note: The mode of acquisition of jurisdiction over the
certiorari, prohibition, or mandamus) should be plaintiff and the defendant applies both to ordinary
allowed only when there are special and and special civil actions.

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How jurisdiction over the plaintiff is acquired (e) Once attached to a court, it cannot be ousted by
Jurisdiction over the plaintiff is acquired by filing of subsequent statute.
the complaint or petition. By doing so, he submits
himself to the jurisdiction of the court [Davao Light & Exception: The statute itself conferring new
Power Co., Inc. v CA (1991)]. jurisdiction expressly provides for retroactive
effect. [Southern Food v. Salas (1992)]
How jurisdiction over the defendant is acquired
Acquired by the (f) The filing of the complaint or appropriate
(1) voluntary appearance or submission by the initiatory pleading and the payment of the
defendant or respondent to the court or prescribed docket fee vest a trial court with
(2) by coercive process issued by the court to him, jurisdiction over the subject matter or the nature
generally by the service of summons [de Joya v. of the action [CB v. CA (1992)](2008 Bar Exam).
Marquez (2006), citing Regalado]
Exception: Non-payment of docket fee does not
In an action in personam, jurisdiction over the person automatically cause the dismissal of the case on
is necessary for the court to validly try and decide the the ground of lack of jurisdiction as long as the
case, while in a proceeding in rem or quasi in rem, fee is paid within the applicable prescriptive or
jurisdiction over the person of the defendant is not a reglementary period, more so when the party
prerequisite to confer jurisdiction on the court involved demonstrates a willingness to abide by
provided the latter has jurisdiction over the res [Alba the rules prescribing such payment. [Go v. Tong
v. CA (2005)]. (2003)]

JURISDICTION OVER THE SUBJECT MATTER Jurisdiction versus the exercise of jurisdiction
(a) Jurisdiction: the authority to hear and determine a
Meaning of jurisdiction over the subject matter cause — the right to act in a case. [Arranza v. BF
Jurisdiction over the subject matter is the power to Homes (2000)].
deal with the general subject involved in the action,
and means not simply jurisdiction of the particular ‘Exercise of Jurisdiction.’: the exercise of this
case then occupying the attention of the court but power or authority
jurisdiction of the class of cases to which the
particular case belongs (Riano citing CJS). (b) Jurisdiction is distinct from the exercise thereof.
Jurisdiction is the authority to decide a case and
It is the power to hear and determine cases of the not the decision rendered therein. When there is
general class to which the proceedings in question jurisdiction over the subject matter, the decision
belong [Reyes v. Diaz (1941)] on all other questions arising in the case is but an
exercise of jurisdiction. [Herrera v. Baretto et al
How conferred and determined (1913)]
(a) It is conferred only by the Constitution or the law.
Error of jurisdiction as distinguished from error of
(b) Jurisdiction CANNOT be: judgment
(1) fixed by agreement of the parties;
(2) cannot be acquired through, or waived,
enlarged or diminished by, any act or omission Error of jurisdiction Error of judgment
of the parties;
(3) neither can it be conferred by the It is one where the act It is one which the court
acquiescence of the court [Regalado citing De complained of was issued may commit in the
Jesus v Garcia (1967)]. by the court without or in exercise of its
(4) cannot be subject to compromise [Civil Code, excess of jurisdiction jurisdiction [Cabrera v.
Art 2035] [Cabrera v. Lapid (2006)]. Lapid (2006)].
(c) Jurisdiction over the subject matter is determined It includes errors of
by the allegations of the complaint and the reliefs procedure or mistakes in
prayed for. [Gulfo v. Ancheta (2012)] the court’s mistakes in
the court’s findings
(d) It is not affected by the pleas set up by the [Banco Filipino Savings
defendant in the answer or in the answer or in a v. CA (2000)]
motion to dismiss. [Sindico v. Diaz (2004)]. Correctible only by the Correctible by appeal

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the filing or service of an answer. Lack of


Error of jurisdiction Error of judgment jurisdiction over subject matter is a ground for a
motion to dismiss. If no motion is filed, the
extraordinary writ of [Cabrera v Lapid (2006)] defense of lack of jurisdiction may be raised as an
certiorari [Cabrera v Lapid affirmative defense in the answer. [Riano citing
(2006)] Sec. 1(b) and 6 of Rule 16].
Renders a judgment void Ground for reversal only (c) Jurisdiction over subject matter may be raised at
or voidable [Rule 16 Sec. if it is shown that any stage of proceedings, even for the first time on
1, Rule 65] prejudice has been appeal [Calimlim v. Ramirez (1982)]
caused [Banco Español-
Filipino v Palanca (1918)] Effect of estoppel on objections to jurisdiction

How jurisdiction is conferred and determined Jurisdiction by estoppel


Jurisdiction being a matter of substantive law, the General Rule: Estoppel does not apply to confer
statute in force at the time of the commencement of jurisdiction to a tribunal that has none over a cause
the action determines the jurisdiction of the court. of action. Jurisdiction is conferred by law. Where
there is none, no agreement of the parties can
Doctrine of primary jurisdiction provide one. Settled is the rule that the decision of a
(a) Courts cannot and will not resolve a controversy tribunal not vested with appropriate jurisdiction is
involving a question which is within the null and void. [SEAFDEC-AQD v. NLRC (1992)]
jurisdiction of an administrative tribunal, especially
where the question demands the exercise of Exception: Participation in all stages of the case
sound administrative discretion requiring the before the trial court, that included invoking its
special knowledge, experience and services of the authority in asking for affirmative relief, effectively
administrative tribunal to determine technical barred petitioner by estoppel from challenging the
and intricate matters of fact [Paloma v. Mora court’s jurisdiction. [Soliven v. Fastforms (2004)]
(2005)].
(b) Objective is to guide a court in determining JURISDICTION OVER THE ISSUES
whether it should refrain from exercising its (a) The power of the court to try and decide issues
jurisdiction until after an administrative agency raised in the pleadings of the parties [Reyes v.
has determined some question or some aspect of Diaz (1941)]
some question arising in the proceeding before (b) How conferred & determined:
the court [Riano citing Omictin v. CA (2007)] (1) Pleadings filed by the parties,
(2) Agreement in a pre-trial order or stipulation
Doctrine of adherence of jurisdiction [Rule 18, Sec. 2], or
(a) Also known as doctrine of continuity of jurisdiction (3) Implied consent as by the failure of a party to
(b) The court, once jurisdiction has been acquired, object to evidence on an issue not covered by
retains that jurisdiction until it finally disposes of the pleadings in Rule 10, Sec. 5. [Regalado]
the case [Bantua v. Mercader (2001)].
(c) As a consequence, jurisdiction is not affected by a JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION
new law placing a proceeding under the (a) Refers to the court’s jurisdiction over the thing or
jurisdiction of another tribunal, EXCEPT: the property which is the subject of the litigation.
(d) where there is an express provision in the statute (b) Acquired either by
(e) the statute is clearly intended to apply to actions (1) actual or constructive seizure by the court of
pending before its enactment [Riano citing People the thing in question, thus placing it in
v. Cawaling (1998)]. custodia legis (e.g. attachment or
(f) Jurisdiction being a matter of substantive law, the garnishment) or
statute in force at the time of the commencement (2) by provision of law which recognizes in the
of the action determines the jurisdiction of the court the power to deal with the property or
court. [Municipality of Kananga v Madrona (2003)] subject-matter within its territorial jurisdiction
(e.g. land registration) [Regalado]
Objections to jurisdiction over the subject matter
(a) The Court may ex mero motu, or on its own
initiative take cognizance of lack of jurisdiction
[Fabian v. Desierto (1998)].
(b) Earliest opportunity of a party to raise the issue of
jurisdiction is in a motion to dismiss filed before

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SPECIFIC JURISDICTION (vii) The finding of absence of facts is


contradicted by the presence of evidence
JURISDICTION OF COURTS on record;
Supreme Court (viii) The findings of the CA are contrary to
The judicial power shall be vested in one SC and in those of the trial court;
such lower courts as may be established by law. [Art. (ix) The CA manifestly overlooked certain
8, Sec. 1, Constitution] relevant and undisputed facts that, if
properly considered, would justify a
Powers of the Supreme Court [Art. 8, Sec. 5, different conclusion;
Constitution] (x) The findings of the CA are beyond the
issues of the case;
(a) EXERCISE original jurisdiction over: (xi) Such findings are contrary to the
(1) Cases affecting ambassadors and other public admissions of both parties.
ministers and consuls;
Distinction between Questions of Law and Fact
RTC also has concurrent jurisdiction
Question of law Question of fact
(2) Petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas There is a “question of
corpus. law” when the doubt or There is a “question of
difference arises as to fact” when the doubt or
(b) Review/revise/reverse/modify/affirm on appeal or what the law is on a controversy arises as to
certiorari, final judgments/orders of lower courts in: certain state of facts, and the truth or falsity of the
(1) All cases in which the constitutionality/validity which does not call for an alleged facts [Republic v.
of any treaty, international or executive examination of the Medida (2012)]
agreement, law, presidential probative value of the
decree/proclamation/order/ instruction, evidence presented by
ordinance or regulation is in question; the parties-litigants.
[Republic v. Medida
Note: power of review contemplates the ff. (2012)]
courts: CA, Sandiganbayan, CTA, RTC, and
other courts authorized by law. (c) Assign temporarily judges of lower courts to other
stations as public interest may require, which
(2) All cases involving the legality of any tax/ shall not last 6 six months without the consent of
impost/ assessment/ toll, or any penalty the judge concerned.
imposed in relation thereto;
(d) Order a change of venue or place of trial to avoid
(3) All cases in which the jurisdiction of any lower a miscarriage of justice.
court is in issue;
(e) Promulgate rules on:
(4) All criminal cases in which the penalty (1) Protection and enforcement of constitutional
imposed is reclusion perpetua or higher; rights;
(2) Pleading/practice/procedure in all courts;
(5) All cases in which only errors/questions of law (3) Admission to the practice of law;
are involved. (4) The Integrated Bar;
Exceptions: [Josefa v. Zhandong (2003)] (5) Legal assistance to the under-privileged.
(i) The conclusion is grounded on
speculations/ surmises /conjectures; Guidelines on the rules:
(ii) The inference is manifestly (1) Provide a simplified and inexpensive
mistaken/absurd/impossible; procedure for the speedy disposition of cases;
(iii) There is grave abuse of discretion; (2) Uniform for all courts of the same grade;
(iv) The judgment is based on a (3) Not diminish/increase/modify substantive
misapprehension of facts; rights.
(v) The findings of fact are conflicting; (4) Rules of procedure of special courts and
(vi) There is no citation of specific evidence on quasi-judicial bodies shall remain effective
which the factual findings are based; unless disapproved by the SC.

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(f) Appoint all Judiciary officials/employees in (d) Sec. 17, Par. 3(1) and Par. 4(4) of the Judiciary Act
accordance with the Civil Service Law. of 1948.

Constitutional commissions Review of decisions by the NLRC: [St. Martin’s Funeral


(a) COMELEC and COA – Unless otherwise provided Home v. NLRC (1998)]
by this Constitution or by law, any decision/order Supposed appeals from the NLRC to the SC are
/ruling of each Commission may be brought to interpreted and hereby declared to mean and refer
the SC on certiorari by the aggrieved party, within to Petitioners for Certiorari under Rule 65.
30 days from receipt of a copy thereof. [Art. 9-A,
Sec. 7, Constitution] All such petitions should be initially filed in the CA in
(b) CSC - Judgments/decisions/orders are within the strict observance of the doctrine on the hierarchy of
exclusive appellate jurisdiction of the CA through courts.
Rule 43. [BP 129, as amended by RA 7902]
(c) Sandiganbayan All special civil actions arising out of any decision or
(1) Decisions and final orders of the final resolution or order of the NLRC filed with the
Sandiganbayan shall be subject to review on SC after June 1, 1999 shall not longer be referred to
certiorari by the SC in accordance with Rule the CA, but shall forthwith be dismissed.
45 of the Rules.
(2) Whenever, in any case decided, the death Powers of the Court of Appeals
penalty shall have been imposed, the records (a) Try cases and conduct hearings;
shall be forwarded to the SC whether the (b) Receive evidence
accused shall have appealed or nor, for review (c) Perform any and all acts necessary to resolve
and judgment. [PD 1606 Sec 7] factual issues raised, including the power to grant
and conduct new trials or further proceedings.
Court of Appeals [Sec. 9, BP 129]
Trials or hearings must be continuous and must be
Original Jurisdiction completed within 3 months, unless extended by the
To issue writs of mandamus, prohibition, certiorari, Chief Justice.
habeas corpus and quo warranto, and auxiliary
writs/processes, whether or not in aid of its appellate Court of Tax Appeals [Sec. 7, RA 1125, as amended by
jurisdiction. RA 9282]
Note: former rule only allowed the CA to issue Exclusive appellate jurisdiction to review by appeal
auxiliary writs and processes in aid of jurisdiction. (a) Decisions of the Commissioner of Internal
Revenue in cases involving disputed assessments,
The power is concurrent with the SC. refunds of internal revenue taxes, fees or other
charges, penalties in relation thereto, or other
Exclusive Original Jurisdiction matters arising under the National Internal
Annulment of RTC judgments. Revenue or other laws administered by the BIR;
(b) Inaction by the Commissioner of Internal Revenue
Exclusive Appellate Jurisdiction in cases involving disputed assessments, refunds
(a) Final of internal revenue taxes, fees or other charges,
judgments/decisions/resolutions/orders/awards penalties in relations thereto, or other matters
of: arising under the National Internal Revenue Code
(1) RTCs; or other laws administered by the BIR, where the
(2) Quasi-judicial agencies/instrumentalities/ National Internal Revenue Code provides a
boards/commissions including: specific period of action, in which case the
(i) SEC; inaction shall be deemed a denial;
(ii) Social Security Commission; (c) Decisions, orders or resolutions of the RTCS in
(iii) ECC; local tax cases originally decided or resolved by
(iv) CSC. them in the exercise of their original or appellate
Exception: Those falling within the SC’s appellate jurisdiction;
jurisdiction of the Supreme Court in accordance with: (d) Decisions of the Commissioner of Customs in
(a) The Constitution; cases involving liability for customs duties, fees or
(b) Labor Code; other money charges, seizure, detention or
(c) BP 129; release of property affected, fines, forfeitures or
other penalties in relation thereto, or other

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matters arising under the Customs Law or other originally decided by the MeTCs, MTCs and
laws administered by the Bureau of Customs; MCTCs in their respective jurisdiction.
(e) Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate Jurisdiction over tax collection cases as herein provided:
jurisdiction over cases involving the assessment General rule: Exclusive original jurisdiction in tax
and taxation of real property originally decided by collection cases involving final and executory
the provincial or city board of assessment assessments for taxes, fees, charges and penalties:
appeals;
(f) Decisions of the Secretary of Finance on customs BUT, collection cases where the principal amount of
cases elevated to him automatically for review taxes and fees, exclusive of charges and penalties,
from decisions of the Commissioner of Customs claimed is less than P1,000,000.00 shall be tried by
which are adverse to the Government under the proper MTC, MeTC and RTC
Section 2315 of the Tariff and Customs Code;
(g) Decisions of the Secretary of Trade and Industry, Exclusive appellate jurisdiction in tax collection cases:
in the case of nonagricultural product, Over appeals from the judgments, resolutions or
commodity or article, and the Secretary of orders of the RTCs in tax collection cases originally
Agriculture in the case of agricultural product, decided by them, in their respective territorial
commodity or article, involving dumping and jurisdiction.
countervailing duties under Sec 301 and 302,
respectively, of the Tariff and Customs Code, and Over petitions for review of the judgments,
safeguard measures under RA 8800, where resolutions or orders of the RTCs in the Exercise of
either party may appeal the decision to impose or their appellate jurisdiction over tax collection cases
not to impose said duties. originally decided by the MeTCs, MTCs and MCTCs,
in their respective jurisdiction."
Jurisdiction over cases involving criminal offenses:
General rule: Exclusive original jurisdiction over all NOTE: RA 9282 elevated CTA’s rank to the level of
criminal offenses arising from violations of the the Court of Appeals with special jurisdiction.
National Internal Revenue Code or Tariff and
Customs Code and other laws administered by the Sandiganbayan [Sec.4 of RA 8249]
BIR or the Bureau of Customs (a) Decisions and final orders of the Sandiganbayan
shall be subject to review on certiorari by the
BUT, offenses or felonies where the principal amount Supreme Court in accordance with Rule 45 of the
of taxes and fees, exclusive of charges and penalties, Rules.
claimed is less than P1,000,000.00 or where there is (b) Whenever, in any case decided, the death penalty
no specified amount claimed shall be tried by the shall have been imposed, the records shall be
regular Courts and the jurisdiction of the CTA shall be forwarded to the SC whether the accused shall
appellate. have appealed or nor, for review and judgment.
[PD 1606 Sec 7]
Any provision of law or the Rules of Court to the
contrary notwithstanding, the criminal action and Original Exclusive Jurisdiction
the corresponding civil action for the recovery of civil (a) Violations of RA 3019 (Anti-graft and Corrupt
liability for taxes and penalties shall at all times be Practices Law);
simultaneously instituted with, and jointly (b) RA 1379 (Forfeiture of Illegally Acquired Wealth);
determined in the same proceeding by the CTA, the (c) Crimes by public officers or employees embraced
filing of the criminal action being deemed to in Ch. II, Sec.2 Title VII, Bk. II of the RPC (Crimes
necessarily carry with it the filing of the civil action, committed by Public Officers) namely:
and no right to reserve the filling of such civil action (1) Direct Bribery under Art. 210 as amended by
separately from the criminal action will be BP 871, May 29, 1985;
recognized. (2) Indirect Bribery under Art. 211 as amended by
BP 871, May 29, 1985;
Exclusive appellate jurisdiction in criminal offenses: (3) Qualified Bribery under Art. 211-A as amended
(a) Over appeals from the judgments, resolutions or by RA 7659, Dec. 13, 1993;
orders of the RTCs in tax cases originally decided (4) Corruption of public officials under Art. 212
by them, in their respected territorial jurisdiction. where one or more of the accused are officials
(b) Over petitions for review of the judgments, occupying the following positions in the
resolutions or orders of the RTCs in the exercise government whether in a permanent, acting
of their appellate jurisdiction over tax cases

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or interim capacity, at the time of the and other ancillary writs and processes in aid of
commission of the offense: its appellate jurisdiction;
(i) Officials of the executive branch occupying (g) Provided, jurisdiction is not exclusive of the
the positions of regional director and Supreme Court
higher, otherwise classified as Grade 27 (h) Petitions for Quo Warranto arising or that may
and higher, of the Compensation and arise in cases filed or that may be filed under EO
Position Classification Act of 1989 1, 2, 14 & 14- A
Republic Act No. 6758) specifically (i) OTHERS provided the accused belongs to Salary
including: Grade 27 or higher:
(ii) Provincial governors, vice-governors, (1) Violation of RA 6713 - Code of Conduct and
members of the sangguniang Ethical Standards
panlalawigan, provincial treasurers, (2) Violation of RA 7080 – The Plunder Law
assessors, engineers and other provincial (3) Violation of RA 7659 - The Heinous Crime Law
department heads; (4) RA 9160 - Violation of The Anti-Money
(iii) City mayors, vice-mayors, members of the Laundering Law when committed by a public
sangguniang panglungsod, city treasurers, officer
assessors, engineers and other department (5) PD 46 referred to as the gift-giving decree
heads; which makes it punishable for any official or
(iv) Officials of the diplomatic service employee to receive directly or indirectly and
occupying the position of consul and for the private person to give or offer to give
higher; any gift, present or other valuable thing on
(v) Philippine Army and Air force colonels, any occasion including Christmas, when such
naval captains and all officers of higher gift, present or valuable thing is given by
rank; reason of his official position, regardless of
(vi) Officers of the PNP while occupying the whether or not the same is for past favors or
position of Provincial Director and those the giver hopes or expects to receive a favor or
holding the rank of Senior Superintendent better treatment in the future from the public
or higher; official or employee concerned in the
(vii) City and provincial prosecutors and their discharge of his official functions. Included
assistants; officials and the prosecutors in within the prohibition is the throwing of
the Office of the Ombudsman and special parties or entertainment in honor of the
prosecutor ; official or employee or his immediate relatives.
(viii) President, directors or trustees or (6) PD 749 which grants immunity from
managers of government owned or prosecution to any person who voluntarily
controlled corporations, state universities gives information about any violation of
or educational institutions or foundations; Art.210, 211 or 212 of the RPC, RA 3019,
(5) Members of Congress and Officials thereof Sec.345 of the NIRC, Sec. 3604 of the
classified as Grade 27 and up under the Customs and Tariff Code and other provisions
Compensation and Classification Act of 1989; of the said Codes penalizing abuse or
(6) Members of the Judiciary without prejudice to dishonesty on the part of the public officials
the provision of the Constitution; concerned and other laws, rules and
(7) Chairmen and members of Constitutional regulations penalizing graft, corruption and
Commissions, without prejudice to the other forms of official abuse and who willingly
provision of the Constitution; testifies against the public official or employee
(8) All other national and local officials classified subject to certain conditions.
as Grade 27 and higher under the
Compensation and Position Classification Act NOTE: Private individuals can be sued in cases
of 1989. before the Sandiganbayan if they are alleged to be in
(d) Other offenses or felonies whether simple or conspiracy with the public officer.
complexed with other crimes committed in
relation to their office by the public officials and Appellate Jurisdiction
employees mentioned above; Over final judgments, resolutions or orders of the
(e) Civil and Criminal Cases filed pursuant to and in RTC whether in the exercise of their original or
connection with EO 1, 2, 14 & 14-A issued in 1986 appellate jurisdiction over crimes and civil cases
(f) Petitions for issuance of Writ of mandamus, falling within the original exclusive jurisdiction of the
prohibition, certiorari, habeas corpus, injunction Sandiganbayan but which were committed by public
officers below Salary Grade 27.

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Exception: Forcible entry into and unlawful detainer


Note: The Sandiganbayan has jurisdiction to grant of lands/buildings
petitions for the issuance writ writs of mandamus,
prohibition, certiorari, habeas corpus, injunctions, Admiralty and maritime jurisdiction where the
and other ancillary writs and processes in aid of its demand/claim exceeds P300K or P400K (in Metro
appellate jurisdiction. [RA 7975, as amended][asked Manila);
in 2009 BAR] (a) Maritime and admiralty cases involve trade and
transactions in the sea. Maritime jurisdiction
Regional Trial Courts includes maritime tort. [Negre v. Cabahug (1966)]

Exclusive Original Jurisdiction in Civil Cases [Sec. 19, BP Probate (testate and intestate) where the gross value
129, Asked in the 2002 Bar Examinations] of the estate exceeds P300K or P400K (in Metro
Incapable of pecuniary estimation (2000 Bar Exam); Manila);
(a) If the action is primarily for the recovery of a sum
of money, the claim is considered capable of Marriage contract and marital relations;
pecuniary estimation, and jurisdiction over the
action will depend on the amount of the claim. General Original Jurisdiction
[RCPI v. CA (2002)] All cases not within the exclusive jurisdiction of any
(b) If the basic issue is something other than the court/tribunal/person/ body exercising judicial or
right to recover a sum of money, if the money quasi-judicial functions;
claim is purely incidental to, or a consequence of,
the principal relief sought, the action is one where Within the exclusive original jurisdiction of a Juvenile
the subject of the litigation may not be estimated and Domestic Relations Court and of the Court of
in terms of money. [Soliven v. Fastforms (1992)] Agrarian Relations;
(c) If the thing sought to be deposited or consigned
is a sum of money, the amount of the debt due is All other cases where the demand (exclusive of
determinable and capable of pecuniary interest, damages of whatever kind, attorney's fees,
estimation. [Ascue v. CA (1991)] litigation expenses and costs) or the value of the
(d) Action for support is incapable of pecuniary property in controversy exceeds P300K or P400K in
estimation because the court is asked to Metro Manila.
determine first WON the plaintiff is indeed (a) The exclusion of the term “damages of whatever
entitled to support. [Baito v. Sarmiento (1960)] kind” in determining the jurisdictional amount
(e) Action for specific performance is incapable of under Sec. 19(8) and Sec. 33 (1) of BP 129, as
pecuniary estimation. [Manufacturer’s Distributor’s amended by RA 7691, applies to cases where the
v. Yu Siu Liong (1966)] damages are merely incidental to or a
(f) The jurisdiction of the respective courts is consequence of the main cause of action.
determined by the value of the demand and not However, if the claim for damages is the main
the value of the transaction out of which the cause of action, or one of the causes of action, the
demand arose. amount of such claim shall be considered in
(1) The alternative prayer for specific performance determining the jurisdiction of the court.[Admin
is also of the same value, for the alternative Circ. 09-94]
prayer would not have been made in the
complaint if one was more valuable than the (b) Actions for damages based on quasi-delicts are
other. [Cruz v. Tan (1950)] primarily and effectively actions for the recovery
(g) Rescission is a counterpart of specific of a sum of money for the damages suffered
performance therefore also incapable of because of the defendant’s alleged tortious acts.
pecuniary estimation. [Lapitan v. Scandia (1968)] This money claim is the principal relief sought,
(h) Action for declaration of nullity of a deed of and is not merely incidental thereto or a
partition is incapable of pecuniary estimation. consequence thereof. [Iniego v. Purganan (2006)]
[Russel v. Vestil (1999)]
(i) An action for expropriation is incapable of Original Jurisdiction [Sec. 21, BP 129]
pecuniary estimation. [Bardillon v. Masili (2003)] (a) Certiorari, prohibition, mandamus, quo warranto,
habeas corpus and injunction which may be
Title to, or possession of, real property (or any interest enforced in any part of their respective regions;
therein) where the property’s assessed value exceeds
P20K or P50K (for civil actions in Metro Manila); CONCURRENT jurisdiction with SC and CA

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(b) Actions affecting ambassadors and other public causes of action, WON the causes of action
ministers and consuls. arose out of the same/different transactions.

CONCURRENT jurisdiction with SC (b) Forcible entry and unlawful detainer


(1) If the defendant raises the question of
Exclusive Appellate Jurisdiction [Sec. 22, BP 129] ownership in his pleadings and the question of
All cases decided by MeTCs/MTCs/MCTCs in their possession cannot be resolved without
respective territorial jurisdictions. Metropolitan, deciding the issue of ownership, the issue of
Municipal and Municipal Circuit Trial Courts ownership shall be resolved only to determine
the issue of possession.
Family Courts (2) That the MeTC has jurisdiction even in cases
where the issue of possession is closely
Exclusive Original Jurisdiction intertwined with the issue of ownership is now
(a) Petitions for guardianship, custody of children, a settled doctrine in ejectment proceedings.
habeas corpus in relation to the latter; [Heirs of B. Hernandez v. Vergara (2006)]
(b) Petitions for adoption of children and revocation (3) The authority granted to the MeTC to
thereof; preliminarily resolve the issue of ownership to
(c) Complaints for annulment of marriage, determine the issue of possession ultimately
declaration of nullity of marriage and those allows it to interpret and enforce the contract
relating to marital status and property relations or agreement between the plaintiff and the
of husband and wife or those living together defendant. However, MeTC’s ruling on the
under different status and agreements, and rights of the parties based on its interpretation
petitions for dissolution of conjugal partnership of of their contract is, of course, not conclusive,
gains; but is merely provisional and is binding only
(d) Petitions for support and/ or acknowledgement; with respect to the issue of possession. [Union
(e) Summary judicial proceedings brought under the Bank v. Maunlad Homes (2012)]
Family Code;
(f) Petitions for declaration of status of children as (c) All civil actions that involve title to, or possession of,
abandoned, dependent or neglected children, for real property (or any interest therein) where the
voluntary or involuntary commitment of children, assessed value of the property (or interest
and for suspension, termination or restoration of therein) does not exceed P20K or P50K (in civil
parental authority under PD 603, EO 56 s. 1986 actions in Metro Manila).
and other related laws; (1) Value excludes interest, damages of whatever
(g) Cases for domestic violence against women and kind, attorney’s fees, litigation expenses and
children, as defined therein but which do not costs
constitute criminal offenses subject to criminal (2) If land is not declared for taxation purposes, the
prosecution and penalties. value of such property shall be determined by
the assessed value of the adjacent lots.
Metropolitan Trial Courts/Municipal Trial Courts
(d) All civil cases subject to summary procedure.
Exclusive Original Jurisdiction [Sec. 33, BP 129]
(a) Civil actions and probate proceedings (testate and Delegated Jurisdiction in Cadastral and Land
intestate), including the grant of provisional Registration Cases [Sec. 34, BP 129]
remedies, where the value of the personal (a) Lots where there is no controversy/ opposition; or
property, estate or amount of the demand does not (b) Contested lots the value of which does not
exceed P300K or P400K (in Metro Manila) (value exceed P100K.
excludes of interest, damages of whatever kind, (1) The value is to be ascertained:
attorney’s fees, litigation expenses, and costs); (i) By the claimant’s affidavit;
(1) Interest, damages of whatever kind, attorney's (ii) By agreement of the respective claimants, if
fees, litigation expenses and costs shall be there are more than one;
included in the determination of the filing (iii) From the corresponding tax declaration of
fees. the real property.
(2) If there are several claims or causes of actions (2) MTC decisions in cadastral and land
between the same/different parties in the registration cases are appealable in the same
same complaint, the amount of the demand manner as RTC decisions.
shall be the totality of the claims in all the

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Shariah Courts to settle certain cases amicably and without formal


Original Jurisdiction [Article 143, CMPL] trial.
(a) All cases involving custody, guardianship,
legitimacy, paternity and filiation arising under The Council is composed of the Clerk of Court as
the Code of Muslim Personal Laws; Chairperson and a representative of each of the
(b) All cases involving disposition, distribution and conflicting parties.
settlement of estate of deceased Muslims,
probate of wills, issuance of letters of JURISDICTION OVER SMALL CLAIMS, CASES
administration or appointment of administrators COVERED BY THE RULES ON SUMMARY
or executors regardless of the nature or PROCEDURE AND BARANGAY CONCILIATION
aggregate value of the property; [A.M. No. 08-8-7-SC, the Rule of Procedure for Small
(c) Petitions for the declaration of absence and Claims Cases effective October 1, 2008]
death for the cancellation or correction of entries
in the Muslim Registries mentioned in Title VI, DEFINITION
Book Two of the Code of Muslim Personal Laws; Small claims courts are courts of limited jurisdiction
(d) All actions arising from the customary contracts that hear civil cases between private litigants
in which the parties are Muslims, if they have not [Rationale of Proposed Rule].
specified which law shall govern their relations;
and PURPOSE
(e) All petitions for mandamus, prohibition, The purpose of small claims process is to provide an
injunction, certiorari, habeas corpus, and all other inexpensive and expeditious means to settle disputes
auxiliary writs and processes in aid of its over small amounts [Riano].
appellate jurisdiction.
SCOPE
Concurrent Jurisdiction with Civil Courts This rule governs the procedure in actions before the
(a) Petitions by Muslim for the constitution of a Metropolitan trial Courts, Municipal Trial Courts in
family home, change of name and commitment Cities, Municipal Trial Courts and Municipal Circuit
of an insane person to an asylum; Trial Courts for payment of money where the value of
(b) All other personal and legal actions not the claim does not exceed One Hundred Thousand
mentioned in paragraph 1 (d) wherein the parties Pesos (P100,000.00) exclusive of interest and costs.
involved are Muslims except those for forcible [Sec. 2, Scope]
entry and unlawful detainer, which shall fall
under the exclusive jurisdiction of the Municipal APPLICABILITY
Circuit Court; and The Metropolitan Trial Courts, Municipal Trial Courts
(c) All special civic actions for interpleader or in Cities, Municipal Trial Courts, and Municipal
declaratory relief wherein the parties are Muslims Circuit Trial Courts shall apply this Rule in all actions
or the property involved belongs exclusively to which are:
Muslims (a) purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or
Shari’a Circuit Courts are courts where Muslims can reimbursement of sum of money, and
file cases involving the following: (b) the civil aspect of criminal action, or reserved
(a) Offenses defined and punished under PD 1083 upon the filing of the criminal action in court,
(b) Disputes relating to : pursuant to Rule of 111 of the Revised Rules of
(1) Marriage Criminal Procedure.
(2) Divorce
(3) betrothal or breach of contract to marry These claims or demands may be:
(4) customary dower (mahr) (a) For money owed under any of the following;
(5) disposition and distribution of property upon (1) Contract of Lease;
divorce (2) Contract of Loan;
(6) maintenance and support and consolatory (3) Contract of Services;
gifts (mut’a) (4) Contract of Sale; or
(7) restitution of marital right (5) Contract of Mortgage;
(8) Disputes relative to communal properties
(b) For damages arising from any of the following;
NOTE: The Shari’a District Court or the Shari’a Circuit (1) Fault or negligence;
Court may constitute an Agama Arbitration Council (2) Quasi-contract; or
(3) Contract;

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(c) The enforcement of a barangay amicable Cause of action Action


settlement or an arbitration award involving a
money claim covered by this Rule pursuant to (a) A cause of action is Ordinary suit in a court of
Sec. 417 of RA 7160, otherwise known as the the basis of the justice, by which one
Local Government Code of 1991. [Sec. 4, action filed [Rule 2, party prosecutes another
Applicability] Sec.1] for the enforcement or
(b) Fact or combination protection of a right, or
PROHIBITED PLEADINGS of facts which affords the prosecution or
The following pleadings, motions, and petitions shall a party a right to redress of a wrong
not be allowed in the cases covered by this Rule: judicial interference
(a) Motion to dismiss the compliant except on the in his behalf. [Into v.
ground of lack of jurisdiction; Valle (2005)]
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a MEANING OF ORDINARY CIVIL ACTIONS
judgment, or for reopening of trial; An ordinary civil action is one that is governed by the
(d) Petition for relief from judgment; rules for ordinary civil actions [Rule 1, Sec. 3(a) par 2]
(e) Motion for extension of time to file pleadings,
affidavits, or any other paper; MEANING OF SPECIAL CIVIL ACTIONS
(f) Memoranda; A special civil action is one that is subject to the
(g) Petition for certiorari, mandamus, or prohibition specific rules prescribed for a special civil action; it is
against any interlocutory order issued by the also governed by the rules for ordinary civil actions
court; [Rule 1, Sec. 3(a) par 2]
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement; MEANING OF CRIMINAL ACTIONS
(j) Reply; A criminal action is one by which the State
(k) Third-party complaints; and prosecutes a person for an act or omission
(l) Interventions. [Sec. 14, Prohibited pleadings and punishable by law. [Rule 1, Sec. 3(b)]
motions]
CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS
TOTALITY RULE A civil action is one by which a party sues another for
Where there are several claims or causes of actions the enforcement or protection of a right, or the
between the same or different parties, embodied in prevention or redress of a wrong. [Rule 1, Sec. 3(a) par
the same complaint, the amount of the demand 1]
shall be the totality of the claims in all the causes of
action, irrespective of whether the causes of action A special proceeding is a remedy by which a party
arose out of the same or different transaction [Riano seeks to establish a status, a right, or a particular
citing Pantranco North Express v Standard Insurance fact. [Rule 1, Sec. 3 (c)]
(2005)]
DISTINCTIONS BETWEEN CIVIL ACTIONS AND SPECIAL
PROCEEDINGS (Asked in the 1998 Bar Exam)

Actions Action Special Proceeding

As to Parties
Actions, in general: An ordinary suit in a court of Involves 2 or more parties Involves at least 1 party
justice by which one party prosecutes another for the or 2 or more
enforcement/ protection of a right or the parties in proper cases
prevention/redress of a wrong [Santos v. Vda. De As to cause of action
Caparas, (1959)] Involves a right and a May involve a right, but
violation of such right by there need not be a
ACTION VS CAUSE OF ACTION the defendant which violation of this right
(Asked in the 1999 Bar Exam) causes some
damage/prejudice upon
Cause of action Action the plaintiff
As to formalities

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Real action Personal Mixed action


Action Special Proceeding action
Ownership or Personal Both real and
Requires the application Requires no such possession of property is personal
of legal remedies in formalities, as it real property is sought to be properties are
accordance with the may be granted upon involved recovered or involved
prescribed rules application damages for
As to governing rules breach of
Ordinary rules of Special rules of Contract or the
procedure procedure enforcement of
As to appeal from an interlocutory a contract are
Order sought
Cannot be directly and Can be immediately Founded on Founded on Founded on
immediately appealed to and directly appealed privity of real privity of both
the appellate court until to the appellate court estate contract
after final judgment on
the merits
Filed in the Filed in the The rules on
court where the court where the venue of real
PERSONAL ACTIONS AND REAL ACTIONS property (or any plaintiff or any actions govern
Real Actions: Actions affecting title to or possession portion thereof) of the
of real property, or interest therein. [Rule 4, Sec. 1 par is situated defendants
1] resides, at the
plaintiff’s
Personal Actions: All other actions are personal option
actions. [Rule 4, Sec.2]
LOCAL AND TRANSITORY ACTIONS
IMPORTANCE OF DISTINCTION:for purposes of Local action Transitory action
determining the venue of the action (Riano) (a) One that could be (a) One that could be
(a) Real actions shall be commenced and tried in the instituted in one prosecuted in any one
proper court which has jurisdiction over the area specific place [Manila of several places
wherein the real property involved, or a portion Railroad v. Attorney- [Manila Railroad v.
thereof, is situated. [Rule 4, Sec.1] General (1911)] Attorney-General
(b) Personal actions may be commenced and tried (b) Venue depends upon (1911)]
where the plaintiff or any of the principal the location of the (b) Its venue depends
plaintiffs resides, or where the defendant or any property involved in upon the residence of
of the principal defendants resides, or in the case the litigation (Riano) the plaintiff or the
of a non-resident defendant, where he may be defendant at the
found, at the election of the plaintiff. [Rule 4, option of the plaintiff
Sec.2] (Riano)
Note: Not every action involving a real property is a Actions in rem, in personam and quasi in rem
real action because the realty may only be incidental [Riano citing Domagas v. Jensen, (2005) and Biaco v.
to the subject matter of the suit. To be a real action, Philippine Countryside Rural Bank, (2007)]
it is not enough that the action must deal with real
property. It is important that the matter in litigation Action in rem Action in Action
must also involve any of the following issues: title to, personam quasi in rem
ownership, possession, paritition, foreclosure or Directed Directed Directed
mortgage or any interest in real property. (Riano) against the against against
thing itself particular particular
Real action Personal Mixed action persons persons
action

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Action in rem Action in Action Action in rem Action in Action


personam quasi in rem personam quasi in rem
Jurisdiction Jurisdiction Jurisdiction Ex: Accion Ex: Action for Ex: Action for
over the person over the person over the person reivindicatoria; specific partition; action
of the of the of the annulment of performance; to foreclose
defendant is defendant is defendant is marriage; action to real estate
NOT required required not required as naturalization recover money mortgage
long as proceedings or property
jurisdiction over (real or
the res is personal)
acquired
A proceeding to An action to A proceeding to The question of whether the trial court has
determine the impose subject the jurisdiction depends on the nature of the action, i.e.,
state/condition responsibility or interest of a whether the action is in personam, in rem, or quasi in
of a thing liability upon a named rem. [Riano citing Biaco v. Philippine Countryside
person directly defendant over Rural Bank (2007)]
a particular
property to an The distinction is important to determine whether or
obligation/lien not jurisdiction over the person of the defendant is
burdening it required and consequently to determine the type of
summons to be employed. [Riano citing Gomez v.
Deal with the Court of Appeals (2004)]
status,
ownership or
liability of a
particular
property but Cause of Action
which are
intended to MEANING OF CAUSE OF ACTION
operate on A cause of action is the act or omission by which a
these questions party violates a right of another. [Rule 2, Sec.2]
only as
between the ELEMENTS OF A CAUSE OF ACTION [cited in
particular Riano]
parties to the (a) Plaintiff’s legal right;
proceedings (b) Defendant’s correlative obligation to respect
and not to plaintiff’s right;
ascertain or (c) Defendant’s act/omission in violation of plaintiff’s
cut-off the right [Ma-ao Sugar Central v. Barrios (1947)]
rights or (Asked in the 1997 Bar Exam).
interest of all
possible Every ordinary civil action must be based on a cause
claimants of action [Rule 2, Sec. 1]
[Domagas v.
Jensen (2005)] A cause of action stems from the sources of
Judgment is Judgment is Judgment is obligations under Art. 1156, CC - Law, Contract,
binding on the binding only binding upon Quasi-contract, Acts and omissions punishable by
whole world upon parties particular law and Quasi-delict. [Sagrada Orden etc v. National
impleaded or persons Coconut Corporation (1952)]
their successors
in interest

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RIGHT OF ACTION VERSUS CAUSE OF ACTION


[Regalado] The act of dividing a single or indivisible cause of
action into several parts or claims and bringing
Right of action Cause of action several actions thereon. (Regalado)

The remedial right or The delict or wrongful EFFECTS OF SPLITTING A CAUSE OF ACTION: [Taken from
right to relief granted by act or omission 2011 Reviewer]
law to a party to institute committed by the (a) The filing of one or a judgment upon the merits in
an action against a defendant in violation of any one is available as a ground for the dismissal
person who has the primary rights of the of the others. [Rule 2, Sec.4]
committed a delict or plaintiff (b) Filing of the 1st complaint may be pleaded in
wrong against him abatement of the 2nd complaint, on the ground
Right to sue as a The delict or wrong of litis pendentia; or
consequence of the (c) A judgment upon the merits in any of the
delict complaints is available as ground for dismissal of
Whether such acts give Determined by the the others based on res judicata.
him right of action averments in the (d) A MTD under Rule 16 Sec. 1(e) or (f) may be filed
determined by pleading regarding the in order that the complaint may be dismissed.
substantive law acts committed by the
defendant BASIS: A party may not institute more than one suit
for a single cause of action. [Rule 2, Sec. 3]
Note: There can be no right of action without a cause
of action being first established [Regalado citing PURPOSE [City of Bacolod v. SM Brewery (1969)]
Español v. The Chairman of PVA (1985)] (a) To prevent repeated litigation between the same
parties in regard to the same subject or
FAILURE TO STATE A CAUSE OF ACTION controversy;
(a) There is a failure to state a cause of action if the (b) To protect the defendant from unnecessary
pleading asserting the claim states no cause of vexation. Nemo debet vexare pro una et eadem
action. This is a ground for a motion to dismiss. causa (No man shall be twice vexed for one and
[Rule 16, Sec.1(g)] the same cause);
(b) It is submitted that the failure to state a cause of (c) To avoid the costs and expenses incident to
action does not mean that the plaintiff has “no numerous suits.
cause of action.” It only means that the plaintiff’s
allegations are insufficient for the court to know A single act/omission can be violative of various
that the rights of the plaintiff were violated by the rights at the same time, as when the act constitutes
defendant. [Riano] juridically a violation of several separate and distinct
(c) There is a failure to state a cause of action if legal obligations. However, where there is only one
allegations in the complaint taken together, do delict/wrong, there is but a single cause of action
not completely spell out the elements of a regardless of the number of rights that may have
particular cause of action. [Riano] been violated belonging to one person. The
(d) A failure to state a cause of action is not the same singleness of a cause of action lies in the singleness
as an absence or a lack of cause of action. The of the delict/wrong violating the rights of a person. If
former refers to an insufficiency in the allegations only 1 injury resulted from several wrongful acts, only
of the complaint while the latter refers to the 1 cause of action arises. [Joseph v. Bautista (1989)]
failure to prove or to establish by evidence one’s
stated cause of action. [Riano] For a single cause of action or violation of a right, the
plaintiff may be entitled to several reliefs. It is the
TEST OF THE SUFFICIENCY OF A CAUSE OF filing of separate complaints for these several reliefs
ACTION that constitutes splitting up of the cause of action
Whether or not admitting the facts alleged, the court which is proscribed by Rule 2, Sec. 3 and 4. [City of
could render a valid verdict in accordance with the Bacolod v. SM Brewery (1969)]
prayer of the complaint [Santos v. de Leo (2005)]
JOINDER AND MISJOINDER OF CAUSES OF
SPLITTING A SINGLE CAUSE OF ACTION AND ITS ACTION
EFFECTS JOINDER OF CAUSE OF ACTION: It is the assertion of as
Definition: The act of instituting two or more suits on many causes of action as a party may have against
the basis of the same cause of action. [Rule 2, Sec.4] another in one pleading alone. It is also the process

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of uniting 2 or more demands or rights of action in only a single cause of action to maintain an
one action. [Riano citing Rule 2, Sec. 5 and CJS] action (Regalado).

By a joinder of actions, or more properly, a joinder of


causes of action is meant the uniting of two or more
demands or rights of action in one action, the
statement of more than one cause of action in a Parties to Civil Actions
declaration [Ada v. Baylon (2012)]
REQUIREMENTS FOR A PERSON TO BE A PARTY
PURPOSES: To avoid a multiplicity of suits and to TO A CIVIL ACTION:
expedite disposition of litigation at minimum cost (A) THE MUST BE EITHER [Rule 1, Sec.3]:
[Ada v. Baylon (2012)] (1) A natural person;
(2) A juridical person;
The rule however is purely permissive as the plaintiff (i) The State and its political subdivisions;
can always file separate actions for each cause of (ii) Other corporations, institutions and entities
action. [Baldovi v. Sarte, (1917)] for public interest or purpose, created by
law; and
Joinder shall not include special civil actions (iii) Corporations, partnerships and associations
governed by special rules. [Ada v. Baylon (2012)] for private interest or purpose to which the
law grants a juridical personality, separate
REQUISITES [Rule 2, Sec. 5]: and distinct from that of each shareholder,
(a) The party joining the causes of action must partner or member [Art. 44, CC]
comply with the rules on joinder of parties; (3) An entity authorized by law.
(b) The joinder shall not include special civil actions (i) The estate of a deceased person [Limjoco v.
or actions governed by special rules; Intestate Estate of Fragante (1948)];
(c) Where causes of action are between the same (ii) A political party incorporated under Act 1459
parties but pertain to different [now BP 68 (Corporation Code)];
venues/jurisdictions, the joinder may be allowed (iii) A corporation by estoppel is precluded from
in the RTC provided one of the causes of action denying its existence and the members
are within the RTC’s jurisdiction and the venue thereof can be sued and be held liable as
lies therein; general partners. [Riano citing Sec. 21, BP68,
(d) TOTALITY RULE - Where the claims in all the The Corporation Code of the Philippines]
causes of action are principally for recovery of (iv) A contract of partnership having a capital of
money, the aggregate amount claimed shall be P3,000.00 or more but which fails to comply
the test of jurisdiction. with the registration requirements is
nevertheless liable as a partnership to third
MISJOINDER OF CAUSES OF ACTION [Rule 2, Sec. 6] persons. [Riano citing Art. 1772 in rel. to Art.
(a) Misjoinder of causes of action is not a ground for 1768, Civil Code]
dismissal of an action. A misjoined cause of (v) A registered labor union [Sec. 243, PD 442
action may, on motion or motu propio, be severed (Labor Code)], with respect to its property.
and proceeded with separately. However, if there (vi) A legitimate labor organization may sue and
is no objection to the improper joinder or the be sued in its registered name. [Riano citing
court did not motu proprio direct a severance, Art. 2429(e), Labor Code]
then there exists no bar in the simultaneous (vii) The Roman Catholic Church has legal
adjudication of all the erroneously joined causes capacity to sue. As to its properties, the
of action. However, this rule exists only when the archbishop or diocese to which they belong
court trying the case has jurisdiction over all of may be a party. [Barlin v. Ramirez (1906);
the causes of action therein notwithstanding the Riano citing Barlin v. Ramirez and Versoza v.
misjoinder of the same. This is because if the Fernandez(1926)].
court has no jurisdiction to try the misjoined (viii) A dissolved corporation may prosecute and
action, then the same must be severed and if not defend suits by or against it provided that the
so severed, any adjudication rendered by the suits (i) occur within three years after its
court with respect to the same would be a nullity. dissolution, and (ii) the suits are in
[Ada v. Baylon (2012)] connection with the settlement and closure
of its affairs. [Riano citing Sec. 122,
(b) There is no sanction against non-joinder of Corporation Code]
separate causes of action since a plaintiff needs

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(B) HE MUST HAVE THE LEGAL CAPACITY TO SUE;


PARTIES TO A CIVIL ACTION
(c) HE MUST BE THE REAL PARTY IN INTEREST. (a) Plaintiff – One having interest in the matter of the
[Berman v. Cheng (2005)] action or in obtaining the relief demanded; the
(1) Only natural or juridical persons or entities claiming party or the original claiming party and
authorized by law may be parties in a civil is the one who files the complaint [Riano]; does
case. not exclusively apply to the original plaintiff
(2) A sole proprietorship is not vested with [Riano]; may refer to the claiming party, the
juridical personality and cannot sue or file or counter-claimant, the cross-claimant, or the third
defend an action. (fourth, etc.)-party plaintiff [Rule 3, Sec.1]
(3) There is no law authorizing sole proprietorship (b) Defendant – One claiming an interest in the
to file a suit. controversy or the subject thereof adverse to the
(4) A sole proprietorship does not possess a plaintiff. The term may also include [Rule 3, Sec 1):
judicial personality separate and distinct from (1) Unwilling Co-Plaintiff – A party who should be
the personality of the owner of the enterprise. joined as plaintiff but whose consent cannot
[Rimbunan v. Oriental (2005)] be obtained. He may be made a defendant
(5) An unlicensed foreign corporation is and the reason therefore shall be stated in the
nonetheless permitted to bring suit in the complaint. [Rule 3, Sec. 10]
Philippines if it is suing on an isolated (2) The original plaintiff becoming a defendant to
transaction. the original defendant’s counterclaim; also
(6) Thus, the ascertainment of whether a foreign refers to the cross-defendant, or the third
corporation is merely suing on an isolated (fourth, etc.)-party defendant. [Rule 3, Sec 1]
transaction or is actually doing business in the
Philippines requires the elicitation of at least a REAL PARTIES IN INTEREST; INDISPENSABLE
preponderant set of facts. PARTIES; REPRESENTATIVES AS PARTIES;
NECESSARY PARTIES; INDIGENT PARTIES;
Note: A foreign corporation may be party to an action ALTERNATIVE DEFENDANTS
in Philippine courts:
(a) If licensed to engage in business in the REAL PARTY IN INTEREST [Rule 3, Sec.2]
Philippines, it may sue or be sued in our courts; (a) The party who stands to be benefited/injured by
(b) If not licensed, it cannot sue, but it may be sued in the judgment in the suit;
our courts; (b) The party entitled to the avails of the suit.
(c) If not engaged in business in the Philippines, it
may sue in courts on a single isolated transaction, Rules:
but it cannot be sued in our courts on such (a) Every action must be prosecuted or defended in
transaction. the name of the real party in interest. [Rule 3,
Sec.2]
Note: Interest within the meaning of the Rules of (b) The party’s interest must be direct, substantial
Court means material interest or an interest in issue and material [Sumalo v. Litton (2006)].
to be affected by the decree or judgment of the case, (c) Husband and wife shall sue and be sued jointly,
as distinguished from mere curiosity about the except as provided by law [Rule 3, Sec. 4]
question involved. [Ang v. Sps. Ang (2012)] (d) A minor or a person alleged to be incompetent
may sue or be sued, with the assistance of his
Lack of legal capacity to Lack of legal personality father, mother, guardian, or if he has none, a
sue to sue guardian ad litem. [Rule 3, Sec. 5]
The plaintiff’s general The plaintiff is not the (e) Minors (represented by their parents) are real
disability to sue, such as real party in interest parties in interest under the principle of
on account of minority, intergenerational responsibility. [Oposa v.
insanity, incompetence, Factoran (1993)]
lack of juridical (f) If a party becomes incompetent/ incapacitated
personality or any other during the pendency of the action, the action
general disqualifications survives and may be continued by/against the
It can be a ground for a It can be used as ground incompetent/ incapacitated assisted by his legal
MTD [Rule 16 (1) (d)] for a MTD based on the guardian or guardian ad litem [Rule 3, Sec. 18]
failure of complaint to
state a cause of action.
[Rule 16 (1) (g)]

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INDISPENSABLE PARTIES Indispensable parties Necessary parties [Rule 3,


(a) An indispensable party is a real party-in-interest [Rule 3, Sec. 7] Sec. 8]
without whom no final determination can be had such an interest in the presence is necessary to
of an action. [Rule 3, Sec.7] controversy that a final adjudicate the whole
(b) A party who has such an interest in the decree would controversy but whose
controversy or subject matter that a final necessarily affect their interests are so far
adjudication cannot be made, in his absence, rights so that the court separable that a final
without injuring or affecting that interest. [Riano] cannot proceed without decree can be made in
(c) The joinder of a party becomes compulsory when their presence. their absence without
the one involved is an indispensable party. [Riano affecting them.
citing Rule 3, Sec.7]
(d) A person is NOT an indispensable party if his (c) Whenever in any pleading in which a claim is
interest in the controversy or subject matter is asserted a necessary party is not joined, the
separable from the interest of the other parties, pleader is under obligation to: (i) set forth the
so that it will not necessarily be directly or name of the necessary party, if known, and (ii)
injuriously affected by a decree which does not state the reason why the necessary party is
complrete justice between them. [Riano] omitted. [Riano citing Rule 3, Sec. 9 par 1]
(d) The non-inclusion of a necessary party does not
REPRESENTATIVE AS PARTIES [Rule 3, Sec. 3] prevent the court from proceeding in the action,
(a) Those acting in fiduciary capacity, such as a and the judgment rendered therein shall be
trustee/guardian/executor/administrator or a without prejudice to the rights of such necessary
party authorized by law or ROC. party [Rule 3, Sec. 9 par 3]
(b) The beneficiary shall be included in the title of the
case and shall be deemed to be the real party in INDIGENT PARTY [Rule 3, Sec. 21]
interest. (a) indigent – One who has no money or property
(c) An agent acting in his own name and for the sufficient and available for food, shelter and basic
benefit of an undisclosed principal may sue or be necessities.
sued without joining the principal.
(b) While the authority to litigate as an indigent party
Exception: If the contract involves things belonging may be granted upon an ex parte application and
to the principal. [Art. 1883, CC] hearing, it may be contested by the adverse party
at any time before judgment is rendered.
NECESSARY PARTY [Rule 3, Sec. 8]
(a) One who is not indispensable but ought to be If the court determines after hearing that the
joined as a party if complete relief is to be party declared indigent has sufficient income or
accorded as to those already parties, or for a property, the proper docket and other lawful fees
complete determination or settlement of the shall be assessed and collected by the clerk of
claim subject of the action court.
(b) Indispensable parties v. Necessary parties [taken
from 2011 Reviewer and Riano] (c) The authority to litigate as an indigent shall
include an exemption from:
Indispensable parties Necessary parties [Rule 3, o Payment of docket fees and other lawful
[Rule 3, Sec. 7] Sec. 8] fees;
Must be joined under Should be joined o Payment of TSN.
any and all conditions, whenever possible; the (d) The amount of docket and other lawful fees is a
his presence being a action can proceed even lien on any judgment rendered in favor of
sine qua non for the in their absence because indigent party, unless court otherwise provides.
exercise of judicial their interest is separable
power from that of the ALTERNATIVE DEFENDANTS [Rule 3, Sec. 13]
indispensable party Where the plaintiff is uncertain against whom of
No valid judgment if The case may be several persons he is entitled to relief, he may join
indispensable party is determined in court but any or all of them in the alternative, although a right
not joined. the judgment therein will to relief against one may be inconsistent with a right
not resolve the entire to relief against the other.
controversy if a necessary
party is not joined
They are those with They are those whose

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COMPULSORY AND PERMISSIVE JOINDER OF What it really contemplates is erroneous or


PARTIES mistaken non-joinder and misjoinder or parties.
The rule presupposes that the original inclusion
COMPULSORY JOINDER OF INDISPENSABLE PARTIES [Rule had been made in the honest conviction that it
3, Sec. 7] was proper and the subsequent dropping is
Parties in interest without whom no final requested because it has turned out that such
determination can be had of an action shall be joined inclusion was a mistake. [Riano citing Lim Tan
either as plaintiffs or defendants Hua v. Ramolete(1975)]

PERMISSIVE JOINDER [Rule 3, Sec. 6] CLASS SUIT


Parties can be joined, as plaintiffs or defendants, in REQUISITES [Rule 3, Sec. 12]
one single complaint or may themselves maintain or (a) Subject matter of the controversy is one of
be sued in separate suits. common/general interest to many persons;
(b) The persons are so numerous that it is
Requisites [Regalado]: impracticable to join them all as parties (i.e.
Right to relief arises out of the same transaction or impracticable to bring them all before the court);
series of transactions; (c) Parties bringing the class suit are sufficiently
numerous and representative of the class and can
Note: SERIES OF TRANSACTIONS – Transactions fully protect the interests of all concerned;
connected with the same subject matter of the suit. (d) The representative sues/defends for the benefit
of all.
There is a question of law or fact common to all the
plaintiffs or defendants; Any party in interest shall have the right to intervene
to protect his individual interest. [Rule 3, Sec. 12]
Such joinder is not otherwise proscribed by the rules If a class suit is improperly brought, the action is
on jurisdiction and venue. subject to dismissal regardless of the cause of action
[Rule 16, Sec 1 (d)].
MISJOINDER AND NON-JOINDER OF PARTIES
(a) A party is misjoined when he is made a party to A taxpayer's suit or a stockholder's derivative suit is
the action although he should not be impleaded. in the nature of a class suit, although subject to the
A party is not joined when he is supposed to be other requisites of the corresponding governing law
joined but is not impleaded in the action. (Riano) especially on the issue of locus standi. [Regalado]
(b) Neither misjoinder nor non-joinder of parties is a
ground for dismissal of an action. [Rule 3, Sec. 11] There is no class suit in an action filed by
(c) Parties may be dropped or added by order of the associations of sugar planters to recover damages in
court on motion of any party or on its own behalf of individual sugar planters for an allegedly
initiative at any stage of the action and on such libelous article in an international magazine. There is
terms as are just. [Rule 3, Sec.11] no common or general interest in reputation of a
(d) Any claim against a misjoined party may be specific individual. Each of the sugar planters has a
severed and proceeded with separately. [Rule 3, separate and distinct reputation in the community
Sec. 11] not shared by the others. [Riano citing Newsweek,
(e) Non-joinder of an indispensable party is not a Inc. v. Intermediate Appellate court (1986)]
ground for outright dismissal. Reasonable
opportunity must be given for his inclusion by A class suit does not require a commonality of
amendment of the complaint [Cortez v Avila interest in the questions involved in the suit. What is
(1957)]. required by the Rules is a common or general
(f) Objections to defects in parties should be made interest in the subject matter of the litigation. [Riano
at the earliest opportunity. citing Mathay v. Consolidated Bank &Trust Company
(g) The moment such defect becomes apparent, a (1974)]
motion to strike the names of the parties must be
made. Class Suit Permissive Joinder of
(h) Objections to misjoinder cannot be raised for the Parties
first time on appeal [Lapanday Agricultural & There is a single cause of There are multiple
Development Corporation v. Estita (2005)]. action pertaining to causes of action
(i) The rule on misjoinder or non-joinder of parties numerous persons. separately belonging to
does not comprehend whimsical and irrational several persons.
dropping or adding of parties in a complaint.

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CLASS SUIT AND DERIVATIVE SUIT, COMPARED Counsel’s duty:


(Asked in the 2005 Bar Examination) (a) Inform court within 30 days after such death of
the fact thereof;
Class Suit Derivative Suit (b) Give the name and address of the legal
representatives.
When the subject matter An action brought by
of the controversy is one minority shareholders in Note: Failure to comply with this duty is a ground for
of common or general the name of the disciplinary action.
interest to many persons, corporation to redress
and the parties are so wrongs committed (a) The heirs may be substituted for the deceased
numerous that it is against it, for which the without requiring the appointment of an executor
impracticable to bring directors refuse to sue. or administrator.
them all before the
court, one or more may It is a remedy designed (b) The court may appoint a guardian ad litem for the
sue or defend for the by equity and has been minor heirs.
benefit of all. [Rule 3, the principal defense of
Sec. 12] the minority (c) The court shall order the legal representative(s)
shareholders against to appear and be substituted within 30 days from
abuses by the majority. notice.

In a derivative action, the (d) If no legal representative is named or if the one so


real party in interest is name shall fail to appear within the specified
the corporation itself, not period, the court may order the opposing party to
the shareholders who procure the appointment of an executor or
actually instituted it [Lim administrator for the estate.
v. Lim Yu (2001))
(e) The substitute defendant need not be
summoned. The order of substitution shall be
SUITS AGAINST ENTITIES WITHOUT JURIDICAL served upon the parties substituted for the court
PERSONALITY to acquire jurisdiction over the substitute party
REQUISITES [Rule 3, Sec.15] [Ferreria v Vda de Gonzales (1986)].
(a) There are 2 or more persons not organized as a
juridical entity; Death or separation of a party who is a public officer
(b) They enter into a transaction; [Rule 3, Sec. 17]
(c) A wrong is committed against a 3rd person in the
course of such transaction. Requisites:
(a) Public officer is a party to an action in his official
Effect: Persons associated in an entity without capacity;
juridical personality may be sued under the name by (b) During the pendency of the action, he either
which they are generally/commonly known, but they dies/resigns or otherwise ceases to hold office;
cannot sue under such name. [Rule 3, Sec. 15] (c) It is satisfactorily shown to the court by any party,
within 30 days after the successor takes office,
The service of summons may be effected upon all the (1) that there is a substantial need to
defendants by serving upon any of them, or upon the continue/maintain the action and
person in charge of the office or place of business (2) The successor adopts/continues (or threatens
maintained under such name. [Rule 14, Sec. 8] to do so) his predecessor’s action
(d) The party or officer affected was given reasonable
EFFECT OF DEATH OF PARTY LITIGANT notice of the application therefore and accorded
an opportunity to be heard.
SUBSTITUTION OF PARTIES
Death of a party, where the claim is not extinguished ACTION ON CONTRACTUAL MONEY CLAIMS [Rule 3, Sec.
by the death of the party (e.g. cases involving 20]
property and property rights [Bonilla v Barcena
(1976)]); [Rule 3, Sec. 16] (Asked in the 1998 and 1999 Requisites:
Bar Exams) (a) The action must primarily be for recovery of
money/debt or interest thereon;
(b) The claim arose from express/implied contract;

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(c) Defendant dies before the entry of final judgment


in the court in which the action was pending. Venue Jurisdiction
(1) The defendant’s death will not result in the
dismissal of the action. Procedural Substantive
(2) The deceased shall be substituted by his legal May be changed by the Is fixed by law and
representatives in the manner provided for in written agreement of the cannot be the subject of
Rule 3, Sec. 16, and the action will continue parties the agreement of the
until the entry of final judgment (Asked in the parties
2000 Bar Exam) Establishes a relation Establishes a relation
(3) However, execution shall not issue in favor of between plaintiff and between the court and
the winning plaintiff. It should be filed as a defendant, or petitioner the subject matter
claim against the decedent’s estate without and respondent
need of proving the claim. Not a ground for a motu Lack of jurisdiction over
propio dismissal (except the subject matter is a
TRANSFER OF INTEREST DURING THE PENDENCY OF THE in cases of summary ground for a motu
ACTION [Rule 3, Sec. 19] procedure; Rule 4, Rule proprio dismissal.
on Summary Procedure)
General rule: The rule does not consider the
transferee an indispensable party. Hence, the action VENUE OF REAL ACTIONS
may proceed without the need to implead him. (a) Shall be commenced and tried in the proper court
which has jurisdiction over the area wherein the
Exception: When the substitution by or joinder of the real property involved, or a portion thereof is
transferee is ordered by court. situated. [Rule 4, Sec. 1(1)]
(b) Forcible entry and detainer actions shall be
The case will be dismissed if the plaintiff’s interest is commenced and tried in the municipal court of
transferred to defendant unless there are several the municipality or city wherein the real property
plaintiffs, in which case the remaining plaintiffs can involved, or a portion thereof, is situated. [Rule 4,
proceed with their own cause of action. Sec. 1(2)]
(c) If the property is located at the boundaries of 2
places, file the case in either place (at the
plaintiff’s option).
Venue (d) If the case involves 2 properties located in 2
different places:
(1) If the properties are the object of the same
Venue is the place, or the geographical area where transaction, file it in any of the 2 places;
an action is to be filed and tried. In civil cases, it (2) If they are the objects of 2 distinct
relates only to the place of the suit and not to the transactions, separate actions should be filed
jurisdiction of the court. [Riano citing Manila Railroad in each place unless properly joined.
Company v. Attorney General (1911)]
VENUE OF PERSONAL ACTIONS
Choosing the venue of an action is not left to a At the plaintiff’s election: [Rule 4, Sec. 2]
plaintiff’s caprice; the matter is regulated by the (a) Where the plaintiff or any of the principal
Rules of Court. [Ang v. Sps. Ang (2012)] plaintiffs resides;
(b) Where the defendant or any of the principal
VENUE VERSUS JURISDICTION [Riano] defendants resides;
DISTINCTIONS BETWEEN VENUE AND JURISDICTION
(c) In case of a non-resident-defendant, where he
(Asked in the 2006 and 2008 Bar Exams) may be found.
Venue Jurisdiction Note: The plaintiff or the defendant must be
residents of the place where the action has been
Place where the action is Power of the court to instituted at the time the action is commenced. [Ang
instituted hear and decide a case v. Sps. Ang (2012)]
May be waived Jurisdiction over the
subject matter and over
the nature of the action
is conferred by law and
cannot-be waived

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VENUE OF ACTIONS AGAINST NON-RESIDENTS [Regalado, citing Hoechst Philippines v Torres


[Rule 5, Sec. 3] (1978)].

Non-resident found in the Philippines – OTHER RULES ON VENUE


(a) For personal actions – Where the plaintiff resides; (a) Improper Venue: The Court may not motu propio
(b) For real actions – Where the property is located. dismiss an action on the ground of improper
venue. [Dacoycoy v. IAC (1991)]
Non-resident not found in the Philippines – An action
may be filed only when the case involves: Exception: In summary procedures.
(a) Personal status of plaintiff - Where plaintiff
resides; (b) Change of Venue: The SC has the power to
(b) Any property of said defendant located in the change the venue to prevent a miscarriage of
Phil. - Where the property (or any portion thereof) justice. [Art. 8, Sec. 5, Consti]
is situated/found.
(c) Waiver Of Venue:
WHEN THE RULES ON VENUE DO NOT APPLY (1) Until and unless the defendant objects to the
[Rule 4, Sec. 4] venue in a motion to dismiss prior to a
(a) If a specific rule/law provides otherwise (e.g. responsive pleading, the venue cannot truly be
action for damages arising from libel); said to have been improperly laid since for all
(b) Stipulations as to Venue is permitted if the parties intents and purposes, the venue though
have validly agreed technically wrong may yet be considered
(1) in writing acceptable to the parties for whose
(2) before the filing of the action convenience the rules on venue had been
(3) on the exclusive venue devised. Although venue is mandatory, it is
waivable. [Diaz v. Adiong (1993)]
In the absence of qualifying restrictive words (e.g. (2) Means of waiving venue:
“only/solely/exclusively in such court”), venue (i) Where parties validly agreed in writing
stipulation is merely permissive; that is, the before the filing of the action on the
stipulated venue is in addition to the venue provided exclusive venue thereof [Rule 4, Sec 4 (b)];
for in the rules. [Polytrade Corp. v. Blanco (1969)] and
(ii) Failure to raise improper venue as
The mere stipulation on the venue of an action, affirmative defense or in motion to dismiss
however, is not enough to preclude parties from
bringing a case in other venues. The parties must be
able to show that such stipulation is exclusive. In the
absence of qualifying or restrictive words, the
stipulation should be deemed as merely an Pleadings
agreement on an additional forum, not as limiting
venue to the specified place. [Riano citing Spouse DEFINITION
Lantin v. Lantion, (2006)] Pleadings are the written statements of the
respective claims and defenses of the parties,
EFFECTS OF STIPULATIONS ON VENUE submitted to the court for appropriate judgment
(a) To be binding, the parties must have agreed on [Rule 6, Sec. 1]
the exclusive nature of the venue of any
prospective action between them. The agreement
of parties must be restrictive and not permissive. Pleading Motion
[Regalado]
(b) In the absence of qualifying restrictive words (e.g. Purpose: To submit a Purpose: To apply for an
“only/solely/exclusively in such court”), venue claim/defense for order not included in the
stipulation is merely permissive; that is, the appropriate judgment judgment
stipulated venue is in addition to the venue May be initiatory Cannot be initiatory as
provided for in the rules. [Polytrade Corp. v. they are always made in
Blanco (1969)] a case already filed in
(c) The court may declare agreements on venue as court.
contrary to public policy if such stipulation Always filed before May be filed even after
unjustly denies a party a fair opportunity to file judgment judgment
suit in the place designated by the Rules

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KINDS OF PLEADINGS ANSWER [Rule 6, Sec. 4]


PLEADINGS ALLOWED [Rule 6, Sec. 2] Definition
(1) Complaint; The pleading where the defendant sets forth his
(2) Answer; affirmative/negative defenses. It may also be the
(3) Counterclaim; response to a counterclaim or a cross-claim.
(4) Cross-claim;
(5) 3rd-party Complaint, Two kinds of defenses that may be set forth in the
(6) Complaint-in-intervention; answer [Rule 6, Sec. 5]
(7) Reply; (a) Negative Defenses – Specific denials of the
material facts alleged in the pleading of the
COMPLAINT [Rule 6, Sec. 3] claimant essential to his cause of action.
Definition
The pleading alleging the plaintiff’s cause/s of Negative Pregnant - Denial pregnant with an
action. It should contain a concise statement of the admission. It is a denial pregnant with the
ultimate facts constituting the plaintiff’s cause/s of admission of the substantial facts in the pleading
action, not evidentiary facts or legal conclusions. responded to which are not squarely denied. It is
in effect an admission of the averment it is
It shall contain: directed to. [Philamgen v. Sweet Lines (1993)]
(a) in a methodical and logical form
(b) a plain, concise and direct statement of ultimate (b) Affirmative Defenses – Allegations of new matters
facts on which the plaintiff relies for his claim, which, while hypothetically admitting the
(c) omitting statement of mere evidentiary facts. material allegations in the claimant’s pleading,
[Rule 8, Sec. 1] would nevertheless prevent/bar recovery by him.
It includes fraud, prescription, release, payment
Its function is to inform the defendant clearly and and any other matter by way of confession and
definitely of claims made against him so that he may avoidance.
be prepared to meet the issues at trial.
COUNTERCLAIMS [Rule 6, Sec. 6]
It should inform the defendant of all material facts Definition
on which the plaintiff relies to support his demand. Any claim which a defending party may have against
an opposing party.
It should state the theory of a cause of action which (a) A counterclaim is in the nature of a cross-
forms the bases of plaintiff’s claim of liability. complaint. Although it may be alleged in the
[Tantuico v. Republic (1991)] answer, it is not part of the answer.
(b) Upon its filing, the same proceedings are had as
Ultimate Facts – Essential facts constituting the in the original complaint.
plaintiff’s cause of action. A fact is essential if it (c) For this reason, it must be answered 10 days from
cannot be stricken out without leaving the statement service [Rule 11, Sec 4] (Asked in the 2002 and
of the cause of action insufficient. [Remitere v. 2008 Bar Exams).
Montinola (1966)]
How to raise counterclaims
Not ultimate facts: Included in the answer:
(a) Evidentiary or immaterial facts; A compulsory counterclaim or a cross-claim that a
(b) Legal conclusions, conclusions or inferences of defending party has at the time he files his answer
facts from facts not stated, or incorrect inferences shall be contained therein. [Rule 11, Sec. 8]
or conclusions from facts stated;
(c) Conclusions of law alleged in the complaint are Exception: Pleadings may be amended under Rule 11,
not binding on the court. Sec. 10:
(d) The details of probative matter or particulars of (a) By leave of court;
evidence, statements of law, inferences and (b) Before judgment;
arguments. (c) On the grounds of:
(1) Oversight;
Test of sufficiency of the facts alleged in the (2) Inadvertence;
complaint: WON upon the averment of facts, a valid (3) Excusable neglect;
judgment may be properly rendered [Pamintan v. (4) When justice requires.
Costales (1914)].

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After the answer [Rule 11, Sec. 9] (a) It must arise out of, or be necessarily connected
(a) Counterclaims/cross-claims arising after the with, the transaction/occurrence that is the
answer, subject matter of the opposing party's claim;
(b) with the court’s permission, (b) It does not require for its adjudication the
(c) may be presented as a counterclaim/cross-claim presence of 3rd parties of whom the court cannot
by supplemental pleading before judgment. acquire jurisdiction;
(c) It must be within the court’s jurisdiction both as
Rules on counterclaims to the amount and the nature. [Regalado, citing
(a) In an original action before the RTC, the Quintanilla v CA (1997)]
counterclaim may be considered compulsory
regardless of the amount. [Rule 6, Sec. 7] General rule: A compulsory counterclaim not set up in
(b) In the case of Agustin v. Bacalan (1985), if a the answer is deemed barred.
counterclaim is filed in the MTC in excess of its
jurisdictional amount, the excess is considered Exception: If it is a counterclaim which either
waived. matured or was acquired by a party after serving his
(c) But in Calo v. Ajax (1968), the remedy where a answer. In this case, it may be pleaded by filing a
counterclaim is beyond the jurisdiction of the supplemental answer or pleading before judgment.
MTC is to set off the claims and file a separate [Rule 11, Sec. 9]
action to collect the balance.
Note:
Kinds of counterclaims (a) The filing of a MTD and the setting up of a
compulsory counterclaim are incompatible
Compulsory counterclaim Permissive counterclaim remedies.
(b) In the event that a defending party has a ground
One which arises out of It does not arise out of for dismissal and a compulsory counterclaim at
or is necessarily nor is it necessarily the same time, he must choose only one remedy.
connected with the connected with the (c) If he decides to file a MTD, he will lose his
transaction or subject matter of the counterclaim. But if he opts to set up his
occurrence -that is the opposing party's claim. counterclaim, he may still plead his ground for
subject matter of the dismissal as an affirmative defense in his answer.
opposing party's claim. (d) If any of the grounds to dismiss under Rule 17,
Does not require for its May require for its Sec. 3 arise, the proper recourse for a defendant
adjudication the adjudication the who desires to pursue his compulsory
presence of third parties presence of third parties counterclaim in the same proceeding is not a
of whom the court over whom the court MTD.
cannot acquire cannot acquire (e) Instead, he should only move to have the plaintiff
jurisdiction. jurisdiction. declared non-suited on the complaint so that the
Barred if not set up in Not barred even if not latter can no longer present his evidence thereon,
the action. set up in the action. and simultaneously move that he be declared as
Need not be answered; Must be answered, in default on the compulsory counterclaim, and
no default. otherwise, the defendant reserve the right to present evidence ex parte on
can be declared in his compulsory counterclaim. [BA Finance v. Co
default. (1993)]
(a) A permissive counterclaim requires the payment
of docket fees. [Sun Insurance v. Asuncion (1989)] Permissive counterclaim
(b) A plaintiff who fails or chooses not to answer a [NOTE: Please also refer to table comparing
compulsory counterclaim may not be declared in compulsory and permissive counterclaims]
default, principally because the issues raised in
the counterclaim are deemed automatically Test to determine whether a counterclaim is
joined by the allegations in the complaint. [Gojo v. compulsory or permissive
Goyala (1970)] Logical Relationship Test: Where conducting separate
trials of the respective claims would entail
Compulsory counterclaim substantial duplication of effort and time and
Requisites of a compulsory counterclaim [Rule 6, Sec involves many of the same factual and legal issues.
7] (Asked in the 1998 bar exam) [Meliton v. CA (1992)]

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Effect on the Counterclaim when the complaint is (b) Counter-Cross-claim - A claim filed against an
dismissed original cross-claimant.
Under Section 3, Rule 17, dismissal of action due to
plaintiff’s fault shall be without prejudice to the THIRD (FOURTH, ETC.) PARTY COMPLAINTS
[Rule 6, Sec.
defendant’s right to prosecute his counterclaim in 11]
the same/separate action. [NOTE: See also table in immediately preceding
subsection]
CROSS-CLAIMS [Rule 6, Sec. 8]
Requisites for cross-claim Definition: It is a claim that a defending party may,
(a) A claim by one party against a co-party; with leave of court, file against a person not a party
(b) It must arise out of the subject matter of the to the action for contribution, indemnity, subrogation
complaint or of the counterclaim; or any other relief, in respect of his opponent's claim.
(c) The cross-claimant is prejudiced by the claim
th
against him by the opposing party. There could also be a 4 /etc.-party complaint with
the same purpose and function.
General rule: A cross-claim is always compulsory. A
cross-claim not set up shall be barred. [Rule 9, Sec.
2] 3rd-party complaint Complaint in intervention

Exceptions: Brings into the action a Same


(a) When it is outside the court’s jurisdiction; 3rd person who was not
(b) If the court cannot acquire jurisdiction over 3rd originally a party
parties whose presence is necessary for the Initiative is with the Initiative is with a non-
adjudication of said cross-claim. In this case, the person already a party to party who seeks to join
cross-claim is considered permissive. the action the action

The dismissal of the complaint carries with it the


dismissal of a cross-claim which is purely
defensive, but not a cross-claim seeking an 3rd-party complaint Counterclaim
affirmative relief. [Torres v. CA (1973)]
Need not be within the Must be within the
Cross Claim, Counterclaim and Third Party Complaint jurisdiction of the court jurisdiction of the court
(Asked in the 1997 and 1999 Bar Exams) trying the main case trying the main case
rd
Cross-claim Counterclaim 3 Party Diminishes/defeats the Need not
complaint recovery sought by the diminish/defeat the
Against a co- Against an Against a opposing party recovery sought by the
party opposing party person not a opposing party
party to the Cannot exceed the May exceed in amount
action amount stated in the or be different in kind
Must arise May arise out of or Must be in original complaint from that sought in the
out of the be necessarily respect of the original complaint
transaction connected with opponent’s
that is the the transaction or (plaintiff’s) Tests to determine whether the 3rd-party complaint is
subject the subject matter claim in respect of plaintiff's claim [Capayas v. CFI (1946)]
matter of the of the opposing (a) WON it arises out of the same transaction on
original party’s claim which the plaintiff's claim is based, or although
action or of a (compulsory arising out of another/different transaction, is
counterclaim counterclaim), or it connected with the plaintiff’s claim;
therein may not (b) WON the 3rd-party defendant would be liable to
(permissive the plaintiff or to the defendant for all/part of the
counterclaim) plaintiff’s claim against the original defendant;
(c) WON the 3rd-party defendant may assert any
Counter-counterclaims and counter-cross-claims defenses which the 3rd-party plaintiff has or may
[Rule 6, Sec. 9] have to the plaintiff’s claim.
(a) Counter-Counterclaim - A claim asserted against
an original counter-claimant.

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Note: (c) It is not an absolute right as it can be secured


(a) Leave of court to file a 3rd-party complaint may only in accordance with the terms of applicable
be obtained by motion under Rule 15. statute or rule. [Office of Ombudsman v.
th
(b) Summons on 3rd (4 /etc.) – party defendant Samaniego (2010)]
must be served for the court to obtain jurisdiction
over his person, since he is not an original party. Requisites for valid intervention
(c) Where the trial court has jurisdiction over the (a) There must be a motion for intervention filed
main case, it also has jurisdiction over the 3rd- before rendition of judgment by the trial court.
party complaint, regardless of the amount (b) Movant must show in his motion that he has a:
involved as a 3rd-party complaint is merely (1) legal interest in (1) the matter of litigation, (2)
auxiliary to and is a continuation of the main the success of either of the parties in the
action. [Republic v. Central Surety (1968)] action or (3) against both parties.
rd
(d) A 3 -party complaint is not proper in an action (2) that the movant is so situated as to be
for declaratory relief. adversely affected by a distribution or other
disposition of property in the custody of the
COMPLAINT-IN-INTERVENTION court or an officer thereof
Pleadings in intervention [Rule 19, Sec. 3] (3) that the intervention must not unduly delay or
(a) Complaint-in-intervention – If intervenor asserts a prejudice the adjudication of the rights of the
claim against either or all of the original parties. original parties and that the intervenor’s rights
(b) Answer-in-intervention – If intervenor unites with may not be fully protected in a separate
the defending party in resisting a claim against proceeding.
the latter.
Meaning of legal interest
Definition Interest must be of a direct and immediate character
INTERVENTION is a remedy by which a third party, so that the intervenor will either gain or lose by the
not originally impleaded in a proceeding, becomes a direct legal operation of the judgment. The interest
litigant therein to enable him to protect or preserve a must be actual and material, a concern which is
right or interest which may be affected by such more than mere curiosity, or academic or
proceeding. sentimental desire; it must not be indirect and
contingent, indirect and remote, conjectural,
Its purpose is "to settle in one action and by a single consequential or collateral. [Virra Mall Tenants v.
judgment the whole controversy (among) the Virra Mall (2011)]
persons involved." [First Philippine Holdings v.
Sandiganbayan (1996); Rule 19] Remedy for denial of motion for intervention
(a) The movant may file a motion for reconsideration
When allowed since the denial of a motion for intervention is an
Intervention shall be allowed when a person has: interlocutory order.
(a) a legal interest in the matter in litigation; (b) Alleging grave abuse of discretion, movant can
(b) or in the success of any of the parties; also file a certiorari case.
(c) or an interest against the parties; and
(d) when he is so situated as to be adversely affected REPLY [Rule 6, Sec. 10]
by a distribution or disposition of property in the Definition: The plaintiff’s response to the defendant's
custody of the court or of an officer thereof. [First answer,
Philippine Holdings v. Sandiganbayan (1996)] (a) the function of which is to deny or allege facts in
Not an independent action denial or in avoidance of new matters alleged by
Intervention is not an independent action, but is way of defense in the answer and
ancillary and supplemental to an existing (b) thereby join or make issue as to such new
litigation. [First Philippine Holdings v. matters.
Sandiganbayan (1996)]
(a) It is neither compulsory nor mandatory but only Effect of failure to reply (Asked in the 2000 bar
optional and permissive. [Mabayo v. CA (2002)] exam)
(b) The Court has full discretion in permitting or
disallowing intervention, which must be exercised General rule: Filing a reply is merely optional. New
judiciously and only after consideration of all the facts that were alleged in the answer are deemed
circumstances obtaining in the case. [Mago v. CA controverted should a party fail to reply thereto.
(1999)]

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Exception: Reply is required:


(a) Where the answer is based on an actionable The defendant may also elect to file a counterclaim
document. [Rule 8, Sec. 8] against the plaintiff that does not arise out of the
(b) Where the answer alleges the defense of usury. same transaction or occurrence, provided that the
[Rule 8, Sec. 11] amount and nature thereof are within the coverage
of this Rule and the prescribed docket and other
PLEADINGS ALLOWED IN SMALL CLAIM CASES legal fees are paid.
AND CASES COVERED BY THE RULES ON
SUMMARY PROCEDURE Note: Courts decision shall be contained in Form 13-
Under the Revised Rules on Summary Procedure the SCC
only pleadings allowed to be filed are [Sec. 3]:
(a) complaints; PROHIBITED PLEADINGS AND MOTIONS:
(b) compulsory counterclaims and cross-claims (a) Motion to dismiss the complaint except on the
pleaded in the answer; and ground of lack of jurisdiction;
(c) the answers thereto. (b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
PROHIBITED PLEADINGS, MOTIONS OR PETITIONS [Sec. judgment, or for reopening of trial;
19]: (d) Petition for relief from judgment;
(a) Motion to dismiss the complaint or to quash the (e) Motion for extension of time to file pleadings,
complaint or information except on the ground of affidavits, or any other paper;
lack of jurisdiction over the subject matter, or (f) Memoranda;
failure to comply with required barangay (g) Petition for certiorari, mandamus, or prohibition
conciliation proceedings; against any interlocutory order issued by the
(b) Motion for a bill of particulars; court;
(c) Motion for new trial, or for reconsideration of a (h) Motion to declare the defendant in default;
judgment, or for opening of trial; (i) Dilatory motions for postponement;
(d) Petition for relief from judgment; (j) Reply;
(e) Motion for extension of time to file pleadings, (k) Third-party complaints; and
affidavits or any other paper; (l) Interventions.
(f) Petition for certiorari, mandamus, or prohibition PARTS OF A PLEADING [Rule 7, Secs. 1 to 3]
against any interlocutory order issued by the
court; CAPTION
(g) Motion to declare the defendant in default; Caption - Court’s name, action’s title (i.e. parties’
(h) Dilatory motions for postponement; names) and docket number.
(i) Reply;
(j) Third party complaints; and Body - Pleading’s designation, allegations of party's
(k) Interventions. claims/defenses, relief prayed for and pleading’s
date.
FORMS USED UNDER THE RULE OF PROCEDURE UNDER (a) Paragraphs must be numbered, and each
SMALL CLAIMS CASES: paragraph number must contain a single set of
(a) Instead of filing complaint, a Statement of Claim circumstances
using Form 1-SCC shall be filed [Sec. 5] (b) Headings: if more than one cause of action, use
(b) Answer shall be filed by way of a Response using "1st cause of action," 2nd cause of action," etc.
Form 3-SCC [Sec. 10] (c) Specify relief sought, but it may add a general
(c) Defendant may file counterclaim if he possesses prayer for such further/other relief as may be
a claim against the plaintiff that deemed just/equitable.
(1) is within the coverage of this Rule, exclusive of (d) Every pleading shall be dated.
interest and costs;
(2) arises out of the same transaction or event SIGNATURE AND ADDRESS
that is the subject matter of the plaintiff’s Pleading must be signed by the party/counsel. State
claim; address (not PO box) in either case.
(3) does not require for its adjudication the
joinder of third parties; and VERIFICATION AND CERTIFICATION AGAINST FORUM
(4) is not the subject of another pending action, SHOPPING [Rule 7, Sec. 4]
the claim shall be filed as a counterclaim in Verification
the Response; otherwise, the defendant shall Pleadings need not be verified, unless otherwise
be barred from suit on the counterclaim. provided by the law/rules.

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(2) in order that the litigant may have ample


How a Pleading is Verified [Rule 7, Sec 4] opportunity to prove their respective claims,
By an affidavit: and possible denial of substantial justice, due
(a) That the affiant read the pleading; to technicalities, may be avoided. [Gerales v.
(b) That the allegations therein are true and correct CA (1993)]
of his personal knowledge or based on authentic
documents. Requirements of a corporation executing the
verification/certification of non-forum shopping
Certification of Non-Forum Shopping (CNFS) [Rule 7, Only individuals vested with authority by a valid board
Sec. 5] resolution may sign the certificate of non-forum
Definition: The filing of multiple suits in different shopping in behalf of a corporation. In addition, the
courts, simultaneously or successively, involving the Court has required that proof of said authority must
same parties, to ask the courts to rule on the be attached. Failure to provide a certificate of non-
same/related causes and/or to grant the same or forum shopping is sufficient ground to dismiss the
substantially the same relief. [T'Boli Agro-Industrial petition. Likewise, the petition is subject to dismissal
Development, Inc. (TADI) v. Solidapsi (2002)] (Asked if a certification was submitted unaccompanied by
in the 2006 Bar Exam) proof of the signatory’s authority. [PAL v. FASAP
(2006)]
Test to Determine WON there is Forum Shopping
(ASKED IN THE 2002 BAR EXAM) - WON in the 2 or EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING
more cases pending, there is identity of: (a) Counsel’s signature is a certification that:
(a) Parties; (1) He has read the pleading;
(b) Rights or causes of action; (2) To the best of his knowledge, information and
(c) Relief sought. belief there is good ground to support it;
(3) It is not interposed for delay.
The CNFS is to be executed by the petitioner, not by (b) An unsigned pleading produces no legal effect.
the counsel. (c) However, the court may allow such deficiency to
be remedied if it shall appear that the same was
CNFS is required only for complaints or initiatory due to inadvertence and not intended for delay.
pleadings (e.g. permissive counterclaim, cross-claim
etc.). ALLEGATIONS IN A PLEADING

CNFS is not required in a compulsory counterclaim. MANNER OF MAKING ALLEGATIONS


A counterclaim is not an initiatory pleading. [UST In general [Rule 8, Sec. 1]
Hospital v. Surla (1998)] (a) In a methodical and logical form.
(b) Plain, concise and direct statement of the
The lack of certification against forum shopping is ultimate facts on which the party pleading relies
not curable by mere amendment of a complaint, but for his claim/defense.
shall be a cause for the dismissal of the case without (c) Omit evidentiary facts.
prejudice. The general rule is that subsequent (d) If defense relied on is based on law, cite the
compliance with the requirements will not excuse a provisions and their applicability.
party's failure to comply in the first
instance. [Ramirez v. Mar Fishing (2012)] Condition precedent - a general averment of the
performance or occurrence of all conditions
Effect of Submission of False CNFS or Non- precedent shall be sufficient [Rule 8, Sec. 3]
Submission of CNFS
(a) Indirect contempt; Fraud, mistake, malice, intent, knowledge and other
(b) Administrative and criminal actions. condition of the mind, judgments, official documents
or acts - Circumstances constituting fraud or mistake
Effect of Willful and Deliberate Forum Shopping must be stated with particularity while malice, intent,
(Asked in the 2006 and 2007 Bar Exams) knowledge or other condition of the mind of a person
(a) Ground for summary dismissal of the case with may be averred generally [Rule 8, Sec. 5]
prejudice;
(b) Direct contempt and administrative sanctions. Facts that may be Averred Generally
(1) Pleadings as well as remedial laws should be (a) Conditions precedent; but there must still be an
liberally construed allegation that the specific condition precedent
has been complied with, otherwise it will be

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dismissed for lack of cause of action; [Rule 8, Sec.


3] (3) Disavowal of knowledge – by an allegation of lack
(b) Capacity to sue or be sued; of knowledge or information sufficient to form a
(c) Capacity to sue or be sued in a representative belief as to the truth of the averment in the
capacity; [Rule 8, Sec. 4] opposing party's pleading. This does not apply
(d) Legal existence of an organization; where the fact as to which want of knowledge is
A party desiring to raise an issue as to the legal asserted is, to the knowledge of the court, so
existence or capacity of any party to sue or be plain and necessarily within the defendant's
sued in a representative capacity shall do so by knowledge that his averment of ignorance must
specific denial which shall include supporting be palpably untrue.
particulars within the pleader's knowledge. [Rule
8, Sec 4] Note:
(e) Malice/intent/knowledge or other condition of the General rule: Allegations not specifically denied are
mind; [Rule 8, Sec. 5] deemed admitted [Rule 8, Sec. 11]
(f) Judgments of domestic/foreign courts, tribunals,
boards or officers (without need to show Exceptions:
jurisdiction); [Rule 8, Sec. 6] (a) Allegations as to the amount of unliquidated
(g) Official documents/acts. [Rule 8, Sec. 9] damages;
(b) Allegations immaterial to the cause of action;
Facts that must be Averred Particularly (c) Allegations of merely evidentiary or immaterial
Circumstances showing fraud/mistake in all facts may be expunged from the pleading or may
averments of fraud/mistake [Rule 8, Sec. 5] be stricken out on motion. [Rule 8, Sec. 12]
(d) Conclusion of law.
PLEADING AN ACTIONABLE DOCUMENT
Actionable document Kinds of denial (Asked in the 2004 Bar Exam)
A document which is really the basis of the cause of (a) Specific denial – Specifies each material
action (or defense), and not merely evidentiary allegation of fact the truth of which he does not
thereof. [Rule 8, Sec. 7] admit, and sets forth the substance of the
matters upon which he relies to support his
Genuineness and due execution of an actionable denial. [Rule 8, Sec. 10]
instrument shall be deemed admitted unless the (b) Denial with qualification - Specifies so much of it
adverse party, under oath, specifically denies them, as is true and material, and deny the remainder.
and sets forth what he claims to be the facts. [Rule (c) Specific denial for lack of knowledge/information
8, Sec. 8] sufficient to form as belief as to the truth of a
material averment made in the complaint.
Exception to the requirement of an oath: when the (d) Specific denial under oath - Contests the
adverse party does not appear to be a party to the authenticity or due execution of an actionable
instrument. [Donato v. CA (1993)] document. [Rule 8, Sec. 8]

How an action or defense may be based on a Disciplinary Action on Counsel Regarding Pleadings
document: [Rule 7, Sec. 3]
(a) By copying a substantial portion of the document (a) Deliberately filing an unsigned pleading;
into the pleading; (b) Deliberately signing a pleading in violation of the
(b) By annexing /incorporating the document into Rules;
the pleading; (c) Alleging scandalous/Indecent matter in the
(c) By both copying and annexing document into the pleading;
pleading. (d) Failing to promptly report a change of his
address.
SPECIFIC DENIALS
Three Ways of Making a Specific Denial Effect of failure to make specific denials
(1) Specific absolute denial – by specifically denying General rule: Defenses and objections not pleaded
the averment and, whenever practicable, setting either in a MTD or in the answer, are deemed waived.
forth the substance of the matters relied upon for [Rule 9, Sec. 1]
such denial.
Exceptions:
(2) Partial specific denial – part admission and part (a) Lack of jurisdiction over the subject matter;
denial; (b) Litis pendentia;

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(c) Res judicata; WHEN A DECLARATION OF DEFAULT IS PROPER


(d) Prescription (a) Court validly acquired jurisdiction over the
defendant’s person, either by service of summons
When a specific denial requires an oath - Contests the or voluntary appearance;
authenticity or due execution of an actionable (b) Defendant fails to answer within the time allowed
document. [Rule 8, Sec. 8] therefor;
(c) Motion to declare the defendant in default;
EFFECT OF FAILURE TO PLEAD (d) Notice to the defendant by serving upon him a
FAILURE TO PLEAD DEFENSES AND OBJECTIONS copy of such motion;
(e) Proof of such failure to answer.
General rule: Defenses and objections not pleaded in
answer or motion to dismiss are deemed waived. EFFECT OF AN ORDER OF DEFAULT (Asked in the 1999
(Omnibus Motion Rule) [Rule 9] Bar Exam) [Rule 9, Sec 3(a)]
A defendant who fails to file an answer may, upon
Exceptions: motion, be declared by the court in default. Loss of
(a) Lack of jurisdiction over the subject matter; standing in court, the forfeiture of one’s right as a
(b) Litis pendentia between same parties for the party litigant, contestant or legal adversary, is the
same cause consequence of an order of default. A party in
(c) Res judicata default loses his right to present his defense, control
(d) Action barred by statute of limitations. the proceedings, and examine or cross-examine
witnesses. He has no right to expect that his
FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND pleadings would be acted upon by the court nor may
CROSS-CLAIM be object to or refute evidence or motions filed
against him. [Ortero v. Tan (2012)]
Compulsory counterclaim
General Rule: A compulsory counterclaim not set up The court shall proceed to render judgment granting
is considered barred. [Rule 9, Sec. 2] the claimant relief as his pleading may warrant,
unless the court in its discretion requires the
Exception: If due to oversight, inadvertence, claimant to submit evidence. Such reception of
excusable neglect, etc. the compulsory counterclaim, evidence may be delegated to the clerk of court.
with leave of court, may be set up by amendment
before judgment. [Rule 11, Sec. 10] The party in default shall be entitled to notice of
subsequent proceedings but not to take part in the
Cross-claim trial.
A cross-claim is always compulsory. A cross-claim (a) A defendant declared in default cannot take part
not set up shall be barred. [Rule 9, Sec. 2] in the trial, but he cannot be disqualified from
testifying as a witness in favor of non-defaulting
DEFAULT [Rule 9, Sec. 3] defendants. [Cavili v. Florendo (1987)]
Definition: Failure of the defendant to answer within (b) A party in default is entitled to notice of:
the proper period. It is not his failure to appear nor (1) Motion to declare him in default;
his failure to present evidence (Asked in the 2000 (2) Order declaring him in default;
and 2001 Bar Exams) (3) Subsequent proceedings;
(4) Service of final orders and judgments.

Order of default Judgment by default Note: A defending party declared in default retains
the right to appeal from the judgment by default.
Issued by the court on Rendered by the court However, the grounds that may be raised in such an
plaintiff’s motion, for following a default order appeal are restricted to any of the following:
failure of the defendant or after it received ex (a) the failure of the plaintiff to prove the material
to file his responsive parte plaintiff’s evidence allegations of the complaint;
pleading seasonably (b) the decision is contrary to law; and
Interlocutory -Not Final – Appealable (c) the amount of judgment is excessive or different
appealable in kind from that prayed for. [Ortero v. Tan (2012)]

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RELIEF FROM AN ORDER OF DEFAULT [Rule 9, Sec 3(b)]


(a) Before judgment, a party declared in default may (c) An order of default is an interlocutory order which
file a motion under oath to set aside the order of is not appealable. A judgment by default is a final
default upon proper showing that: disposition of the case and is appealable.
(1) His failure to answer was due to fraud, [MERALCO v. La Campana Food Products (1995)]
accident, mistake or excusable negligence; (d) A petition for certiorari under Rule 65, although
and that not a substitute for an available or lost appeal,
(2) He has a meritorious defense. may be invoked while the orders of the lower
(b) In such case, the order of default may be set aside court are issued without or in excess of
on terms and conditions as justice requires. jurisdiction.
(e) Judgment by default being appealable, appeal
Remedies of a party declared in default should be perfected within 15 days from receipt of
(a) Pleadings, as well as remedial laws, should be copy of order denying MFR of default judgment.
liberally construed in order that litigants may [Oriental Media v. CA (1995)]
have ample opportunity to prove their respective (f) A satisfactory showing by the movant of the
claims, and possible denial of substantial existence of fraud, accident, mistake or excusable
justice. [Gerales v. CA (1993)] neglect is an indispensable requirement for the
setting aside of a judgment of default or an order
(b) Dulos v. CA (1990) of default.
At any time after the discovery (g) A meritorious defense is only one of the two
of default and before judgment, conditions. The meritorious defense must concur
defendant may file a motion with the satisfactory reason for the non-
Motion to Set under oath to set aside order of appearance of the defaulted party. If there is no
Aside Order of default on the ground that his such reason, the appropriate remedy is an
Default [Rule 9, failure to file an answer or ordinary appeal under Rule 41, Sec. 2. [Ramnani
Sec. 3(B)] appear on the date set for the v. CA (1993)]
pre-trial was due to fraud, (h) The jurisdiction was properly acquired by the TC
accident mistake of law, and over the defendant’s person; he was therefore
excusable negligence and that properly declared in default for not having filed
he has a meritorious defense any answer.
(a) If the judgment has already (i) Despite his failure to file a motion to set aside the
been rendered when the declaration of default, he has the right to appeal
defendant discovered the the default judgment.
default, but before the same (j) But in the appeal, only the evidence of the
became final and executory. petitioner may be considered, respondent not
(b) It should be filed within the having adduced any defense evidence. [Boticano
Motion for New period for perfecting an v. Chu (1987)]
Trial [Rule 37, Sec. appeal. Timely filing thereof
1(A)] interrupts the 15-day EFFECT OF A PARTIAL DEFAULT [Rule 9, Sec 3(c)]
reglementary period for an If the pleading asserting a claim states a common
appeal. cause of action against several defending parties,
(c) It is required that defendant and some of the defending parties answer while the
file first a motion to lift order others fail, the court shall try the case against all
of default to regain his defendants upon the answers filed and render
standing. [Tan v. CA (1997)] judgment upon the evidence presented.
Petition for Relief If the defendant discovered the Exception: If the defense is personal to the one who
from Order, default after the judgment has answered; in which case, it will not benefit those who
Judgment or Other become final and executory did not answer.
Proceedings [Rule
38, Sec. 1 And 2] EXTENT OF RELIEF
The defendant may also appeal Extent of relief to be awarded
from the judgment rendered The award shall not exceed the amount or be
Appeal from the against him as contrary to the different in kind from that prayed for; nor award
RTC [Rule 41, Sec. evidence or the law, even if he unliquidated damages.
1] did not present a petition to set
aside the order of default

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Rationale: It is presumed that where the relief


demanded is greater or different in kind, defendant Lesaca v. CA (1992): A defendant who already filed an
would not have allowed himself to be declared in answer cannot be declared in default. Only when
default. the defendant fails to file an answer to the complaint
may the court proceed to render judgment.
Datu Samad Mangelen v. CA (1992): In a judgment
based on evidence presented ex parte, judgment Bayog v. Natino (1996): The Revised Rules on
should not exceed the amount or be different in kind Summary Procedure does not provide that an answer
from that prayed for. filed after the reglementary period should be
expunged from the records.
On the other hand, in a judgment where an answer
was filed but defendant did not appear at the As a matter of fact, there is no provision for an entry
hearing, the award may exceed the amount or be of default if a defendant fails to file his answer.
different in kind from that prayed for.
The defense of LOJ may have even been raised by
ACTIONS WHERE DEFAULT ARE NOT ALLOWED the defendant in a MTD as an exception to the rule
Cases where no defaults are allowed [Rule 9, Sec 3(e)] on prohibited pleadings in the Revised Rule on
(a) Annulment of marriage; Declaration of nullity of Summary Procedure. Such a motion is allowed under
marriage; Legal Separation; Sec. 19(a) thereof.

Here, the court shall order the prosecuting Malanyaon v. Sunga (1992): Where the failure to
attorney to investigate WON parties are colluding appear at the pre-trial hearing was uncontrovertedly
and, if there is no collusion, to intervene from the due to illness, the default order may be set aside on
State to ensure that evidence is not fabricated. the ground of accident over which petitioner had no
control.
(b) Special civil actions of certiorari, prohibition and
mandamus, where comment (instead of an Also, the order of arrest was illegal as there is
answer) is required to be filed. nothing in the ROC which authorizes such a
consequence of a default order.
Failure to appear at pre-trial
Who fails to Effect Acquisition of jurisdiction
appear
Plaintiff Cause for dismissal of the FILING AND SERVICE OF PLEADINGS
action which will be with DEFINITION
prejudice, unless otherwise Filing – The act of presenting the pleading or other
ordered by the court paper to the clerk of court. [Rule 13, Sec. 2]
Defendant Cause to allow plaintiff to
present evidence ex parte, and Service – The act of providing a party or his counsel
court to render judgment on with a copy of the pleading or paper concerned. [Rule
the basis thereof 13, Sec. 2]

Default by defendant As in default PAPERS REQUIRED TO BE FILED AND SERVED [Rule 13, Sec.
(Rule 9, Sec. 3) (failure to appear by 4]
plaintiff) (Rule 18, Sec. 5) (a) Pleading subsequent to the complaint;
Upon motion and notice Not required (b) Appearance;
to defendant. (c) Written Motion;
Requires proof of failure Not required (d) Notice;
to answer (e) Order;
Court to render Court to allow plaintiff (f) Judgment;
judgment, unless it to present evidence ex (g) Demand;
requires submission of parte, then the court (h) Offer of Judgment;
evidence shall render judgment (i) Resolution;
Relief awarded must be Relief awarded may be (j) Similar papers.
the same in nature and of different nature and
amount as prayed for in amount from the relief PAYMENT OF DOCKET FEES
the complaint prayed for As a rule, the court acquires jurisdiction over the case
only upon payment of prescribed fees

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General rule: Without payment, case is considered within thirty (30) days after receipt of summons of the
not filed. Payment of docket fees is mandatory and foreign entity where the defendant is a foreign
jurisdictional. private juridical entity and service of summons is
made on the government official designated by law
It is not simply the filing of the complaint or to receive the same, the answer shall be filed [Rule
appropriate initiatory pleading but the payment of 11, Sec. 2]
the prescribed docket fee, that vests a trial court with
jurisdiction over the subject matter or nature of the Answer to amended complaint - Where the plaintiff
action [Proton Pilipinas v. Banque National de Paris files an amended complaint as a matter of right, the
(2005)] defendant shall answer the same within fifteen (15)
days after being served with a copy thereof.
Effect of Failure to Pay Docket Fees at Filing
Manchester v. CA (1987) [Old Rule]: AUTOMATIC Where its filing is not a matter of right, the defendant
DISMISSAL. Any defect in the original pleading shall answer the amended complaint within ten (10)
resulting in underpayment of the docket fees cannot days from notice of the order admitting the same. An
be cured by amendment, such as by the reduction of answer earlier filed may serve as the answer to the
the claim as, for all legal purposes, there is no amended complaint if no new answer is filed.
original complaint over which the court has acquired
jurisdiction Note that this Rule shall apply to the answer to an
amended counterclaim, amended cross-claim,
Modification by Sun Insurance v. Asuncion (1989): amended third (fourth, etc.) party complaint, and
NOT AUTOMATIC DISMISSAL BUT Court may allow amended complaint-in-intervention. [Rule 11, Sec. 3]
payment of fees within reasonable period of time.
Note that payment should always be within the Answer to counterclaim or cross-claim - A
prescriptive period of the action filed. counterclaim or cross-claim must be answered
within ten (10) days from service. [Rule 11, Sec. 4]
Further Modification by Heirs of Hinog v. Melicor
(2005): FEES AS LIEN. Where the trial court acquires Answer to third (fourth, etc.)- party complaint - Same
jurisdiction over a claim by the filing of the pleading rule as the answer to the complaint. [Rule 11, Sec. 5]
and the payment of the prescribed filing fee, BUT
SUBSEQUENTLY, the judgment awards a claim not Reply - within ten (10) days from service of the
specified in the pleading, or cannot then be pleading responded to. [Rule 11, Sec. 6]
estimated, or a claim left for determination by the
court, then the additional filing fee shall constitute a Answer to supplemental complaint - within ten (10)
lien on the judgment. days from notice of the order admitting the same,
unless a different period is fixed by the court.
Note: Appellate docket and other lawful fees must
be paid within the same period for taking an appeal. Note that the answer to the complaint shall serve as
Non-payment is a valid ground for dismissal of an the answer to the supplemental complaint if no new
appeal. [M.A. Santander v. Villanueva (2004)] or supplemental answer is filed.
However, delay in the payment of docket fees confers
upon the court discretionary and not mandatory NOTE: Upon motion and on such terms as may be
power to dismiss an appeal. [Villamor v. CA (2004)] just, the court may extend the time to plead provided
in these Rules. The court may also, upon like terms,
FILING VERSUS SERVICE OF PLEADINGS allow an answer or other pleading to be filed after
Filing is the act of presenting the pleading or other the time fixed by these Rules. [Rule 11, Sec. 11]
papers to the clerk of court. [Rule, 13, Sec. 2]
MANNER OF FILING
Service is the act of providing a party with a copy of Manner of filing [Rule 13, Sec. 3] (Asked in the 2005
the pleading or paper concerned. [Rule, 13, Sec. 2] Bar particularly in comparison with filing in criminal
actions)
PERIODS OF FILING OF PLEADINGS (a) Personally.
Answer to the complaint - The defendant shall file his (1) By personally presenting the original to the
answer to the complaint within fifteen (15) days after clerk of court.
service of summons, unless a different period is fixed
by the court. [Rule 11, Sec. 1]

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(2) The pleading is deemed filed upon the receipt 10 days after mailing, Affidavit of the person
of the same by the clerk of court who shall unless otherwise mailing of facts showing
endorse on it the date and hour of filing. provided by the court compliance with Sec. 7 of
(3) If a party avails of a private carrier, the date of Rule 13.
the court’s actual receipt of the pleading (not Service by registered mail
the date of delivery to the private carrier) is Whichever is earlier: Affidavit of the person
deemed to be the date of the filing of that (a) Actual receipt by mailing of facts showing
pleading. [Benguet Electric Cooperative v. the addressee compliance with Sec. 7 of
NLRC (1992)] (b) 5 days after the Rule 13
(b) By registered mail. addressee received
(1) Filing by mail should be through the registry 1st postmaster's AND
service (i.e. by depositing the pleading in the notice
post office). Registry receipt issued by
(2) The pleading is deemed filed on the date it the post office
was deposited with the post office.

MODES OF SERVICE [Rule 13, Sec. 5] Service of judgments, final orders or resolutions [Rule
Personal service [Rule 13, Sec. 6] 13, Sec. 9]
(a) Delivering personally a copy to the party or his (a) By personal service;
counsel. (b) By registered mail;
(b) Leaving a copy in counsel's office with his clerk or (c) By publication at the expense of the prevailing
with a person having charge thereof. party if party was summoned by publication and
(c) If no person is found in his office, or if his office is has failed to appear in the action.
unknown, or if he has no office – Leaving the copy
between 8am and 6pm at the party's or counsel's Priorities in modes of service and filing [Rule 13, Sec.
residence (if known) with a person of sufficient 11]
age and discretion then residing therein.
General rule: Personal filing and service. Resort to
Service by (registered) mail [Rule 13, Sec. 7] other modes of filing and service must be
(a) By depositing the copy in the office, in a sealed accompanied by an explanation why the
envelope, plainly addressed to the party or his service/filing was not done personally. If there is no
counsel at his office or at his residence (if known), written explanation, the paper is considered not
with postage fully pre-paid, and with instructions filed.
to the postmaster to return the mail to the sender
after 10 days if undelivered. Exception: Papers emanating from the court.
(b) If no registry service is available in the locality of
either sender or addressee, service may be done When service is deemed complete
by ordinary mail. (a) Personal service is deemed complete upon actual
delivery [Rule 13, Sec. 10]
Substituted service [Rule 13, Sec. 8] (b) Service by registered mail is complete upon
By delivering the copy to the clerk of court, with proof actual receipt by the addressee or after 5 days
of failure of both personal service and service by mail from the date he received the first notice of the
postmaster, whichever date is earlier. [Rule 13,
Completeness of service Proof of service (Rule 13 Sec. 10]
(Rule 13 Sec. 10) Sec. 13) (c) Service by ordinary mail is complete upon the
Personal service expiration of 10 days after mailing, unless the
Upon actual delivery Written admission of the court otherwise provides [Rule 13, Sec. 10]
party served, OR (d) Substituted service is complete at the time of
Official return of the server delivery of the copy to the clerk of court together
OR with the proof of failure of both personal service
Affidavit of the party and service by mail. [Rule 13, Sec. 8]
serving, with a full
statement of the Purpose of the rule on completeness of service for
date/place/manner of service by registered mail: To make sure that the
service. party being served with the pleading, order or
Service by ordinary mail judgment is duly informed of the same so that such
party can take steps to protect the interests, i.e.,

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enable to file an appeal or apply for other Notice of lis pendens [Rule 13, Sec. 14]
appropriate reliefs before the decision becomes final. Lis Pendens - Notice of a pendency of the action
[MINTERBRO v,CA (2012)] between the parties involving title to or right of
possession over real property.
Proof of filing and service
Proof of filing Requisites: [AFP Mutual Benefit Association v. CA
(a) Filing is proved by its existence in the record of (2001)]
the case [Rule 13, Sec. 12]. (a) Action affects the title or the right of possession
(b) If it is not in the record [Rule 13, Sec. 12]. of the real property;
(b) Affirmative relief is claimed;
When pleading is deemed Proof of filing (c) Notice shall contain the name of the parties and
filed the object of the action/defense and a description
Personally of the property affected thereby;
Upon receipt of the Written/stamped (d) Action in rem.
pleading by the clerk of acknowledgment by the (1) The notice serves as a warning to all persons,
court clerk of court prospective purchasers or encumbrancers of
By registered mail the property in litigation to keep their hands
On the date the pleading Registry receipt, and off the property in litigation unless they are
was deposited with the affidavit of the person prepared to gamble on the result of the
post office who did the mailing proceedings.
with: (2) The defendant may also record a notice of lis
(a) Full statement of pendens when he claims an affirmative relief
the date/place of in his answer.
depositing the mail (3) The notice of cannot be cancelled on an ex
in the post office in a parte motion or upon the mere filing of a bond
sealed envelope by the party on whose title the notice is
addressed to the annotated, as Sec. 14 provides that such
court cancellation may be authorized only upon
(b) Postage fully paid order of court, after proper showing that:
(c) Instructions to the [Roxas v. CA (1993)]
postmaster to return (4) The notice is for the purpose of molesting the
the mail to the adverse party; or
sender after 10 days (5) It is not necessary to protect the rights of the
if undelivered party who caused it to be recorded

Proof of Service [Rule 13, Sec. 13] Amended and supplemental pleadings
(a) Proof of personal service shall consist of:
(1)a written admission of the party served, or the AMENDMENT
official return of the server, OR HOW TO AMEND PLEADINGS [Rule 10, Sec. 1]
(2) the affidavit of the party serving, (a) Adding an allegation of a party;
(3) Content: full statement of the date, place (b) Adding the name of a party;
and manner of service. (c) Striking out an allegation of a party;
(b) Proof of service by ordinary mail: (d) Striking out the name of a party;
(1)an affidavit of the person mailing (e) Correcting a mistake in the name of a party; and
(2) Content: facts showing compliance with (f) Correcting a mistaken or inadequate allegation or
Rule 13, Sec. 7 description in any other respect.
(c) Proof of service by registered mail
(1) an affidavit of the person mailing containing Purpose: That the actual merits of the controversy
the facts showing compliance with Rule 13, may speedily be determined, without regard to
Sec. 7, AND technicalities, and in the most expeditious and
(2) the registry receipt issued by the mailing inexpensive manner.
office.
(3) the registry return card which shall be filed Barfel Development v. CA (1993): As a general policy,
immediately upon its receipt by the sender, or liberality in allowing amendments is greatest in the
in lieu thereof of the unclaimed letter together early stages of a law suit, decreases as it progresses
with the certified or sworn copy of the notice and changes at times to a strictness amounting to a
given by the postmaster to the addressee. prohibition.

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(b) Once exercised, it cannot be disturbed on appeal,


This is further restricted by the condition that the except in case of abuse thereof. [Metropolitan
amendment should not prejudice the adverse party Bank v. Presiding Judge (1990)]
or place him at a disadvantage.
FORMAL AMENDMENT [Rule 10, Sec. 4]
Form [Rule 10, Sec. 7] (a) A defect in the designation of the parties and
A new copy of the entire pleading, incorporating the other clearly clerical errors may be summarily
amendments, which shall be indicated by corrected by the court motu proprio or by motion
appropriate marks, shall be filed. at any stage of the action.
(b) Provided that no prejudice is caused to the
AMENDMENT AS A MATTER OF RIGHT adverse party.
Substantial Amendments – once, made at any time
before a responsive pleading is served. If it is a reply, AMENDMENTS TO CONFORM TO OR AUTHORIZE
once, made at any time within 10 days after it is PRESENTATION OF EVIDENCE [Rule 10, Sec. 5] (Asked in
served. [Rule 10, Sec. 2] (Asked in the 2003 Bar the 2004 Bar Exam)
Exam) (a) If issues not raised by the pleadings are tried with
the express/implied consent of the parties, they
AMENDMENTS BY LEAVE OF COURT shall be treated in all respects as if they had been
Substantial Amendments - If as a matter of raised in the pleadings.
discretion, requires leave of court if:
(a) It is substantial; and (b) Amendment of pleadings as may be necessary to
(b) A responsive pleading has already been served. cause them to conform to the evidence and to
[Rule 10, Sec. 3] raise these issues, may be made upon motion of
any party, any time (even after judgment).
Requisites for amendments by leave of court
(a) Motion filed in court; But failure to amend does not affect the result of
(b) Notice to the adverse party; the trial of these issues.
(c) Opportunity to be heard afforded to the adverse
party. (c) If evidence is objected to at the trial on the
ground that it is not within the issues made by
(Note: In the 2008 Bar Exam, a question was asked the pleadings, the court may allow the pleadings
on amendment of complaint to implead additional to be amended and shall do so with liberality if
parties) the presentation of the merits of the action and
the ends of substantial justice will be subserved
When amendment by leave of court may not be thereby. The court may grant a continuance to
allowed enable the amendment to be made.
(a) If the cause of action, defense or theory of the
case is changed. Amendments vis-à-vis supplemental pleadings
(b) If amendment is intended to confer jurisdiction to
the court. IFFERENT FROM SUPPLEMENTAL PLEADINGS
If the court has no jurisdiction in the subject Supplemental pleadings (ASKED IN THE 2000 BAR
matter of the case, the amendment of the EXAM)
complaint cannot be allowed so as to confer
jurisdiction on the court over the property. [PNB v. Definition: One which sets forth transactions,
Florendo (1992)] occurrences or events which have happened since
the date of the pleading sought to be supplemented.
(c) If amendment is for curing a premature or non- [Rule 10, Sec. 6]
existing cause of action.
(d) If amendment is for purposes of delay. Purpose: to bring into the records new facts which
will enlarge or change the kind of relief to which the
Note: plaintiff is entitled [Ada v. Baylon (2012), citing Young
(a) Admitting an amended complaint in intervention v. Spouses Yu]
is a matter addressed to the court’s discretion,
subject only to the limitations that amendments It is made upon motion of a party with reasonable
should not substantially change the cause of notice and upon terms as are just.
action or alter the theory of the case or made to
delay the action.

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The cause of action stated in the supplemental


complaint must be the same as that stated in the Summons
original complaint. Otherwise, the court should not
admit the supplemental complaint. [Asset Definition: A coercive force issued by the court to
Privatization Trust v. CA (1998)] acquire jurisdiction over the person of the defendant
(asked in the 1999 Bar Exam)
A supplemental complaint/pleading supplies
deficiencies in aid of an original pleading, not to NATURE AND PURPOSE OF SUMMONS IN
entirely substitute the latter. RELATION TO ACTIONS IN PERSONAM, IN REM
AND QUASI IN REM
Unlike in an amended complaint, the original
complaint exists side by side with the supplemental PURPOSE
complaint. [Shoemart v. CA (1990)] (1) To acquire jurisdiction over the person of the
defendant in a civil case;
A supplemental pleading may raise a new cause of (2) To give notice to the defendant that an action has
action as long as it has some relation to the original been commenced against him.
cause of action set forth in the original complaint.
[Ada v. Baylon (2012)] ISSUANCE OF SUMMONS
Upon the filing of the complaint and the payment of
A supplemental pleading may properly allege legal fees, the clerk of court shall issue the
transactions, occurrences or events which had corresponding summons to the defendants. [Rule 14,
transpired after the filing of the pleading sought to Sec. 1]
be supplemented, even if the said supplemental
facts constitute another cause of action. [Ada v.
Baylon (2012)] CONTENTS OF SUMMONS [Rule 14, Sec. 2]
Summons must be directed to the defendant, signed
by the clerk of the court under seal, and contain:
Amendments Supplemental pleadings (1) Name of the court and names of the parties;
(2) Direction that the defendant answer within the
Reason for the Grounds for the time fixed;
amendment is available supplemental pleading (3) Notice that unless the defendant so answers,
at time of the 1st arose after the 1st plaintiff will take judgment by default and may be
pleading pleading was filed granted the relief applied for.
Either as a matter of Always a matter of
right or a matter of discretion A copy of the complaint and order for appointment
discretion of guardian ad litem (if any) shall be attached to the
Supersedes the pleading Supplements the original and each copy of the summons.
pleading (i.e. Exists side NOTE that jurisdiction over person of defendant may
by side with the original also be acquired through voluntary appearance.
pleading)
When an amended A supplemental VOLUNTARY APPEARANCE
GENERAL RULE: Defendant's voluntary appearance in
pleading is filed, a new pleading does not
copy of the entire require the filing of a the action shall be equivalent to service of summons;
pleading must be filed new copy of the entire
EXCEPTION: Special appearance to file a MTD.
pleading

EFFECT OF AMENDED PLEADING


BUT inclusion in the MTD of grounds other than LOJ
Effect [Rule 10, Sec. 8] over the defendant’s person, is not deemed a
(a) Amended pleading supersedes the pleading that voluntary appearance.
it amends.
(b) Claims and defenses in superseded pleading Any mode of appearance in court by a defendant or
which are not incorporated in the amended his lawyer is equivalent to service of summons,
pleading are deemed waived. absent any indication that the appearance of counsel
(c) Admissions made in the superseded pleading for petitioner is precisely to protest the jurisdiction of
may still be received in evidence against the the court over the person of the defendant. [Delos
pleader. Santos v. Montesa (1993)]

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WHO SERVES THE SUMMONS [Rule 14, sec. 3]


(1) The sheriff or his deputy; For a valid substituted service of summons, the
(2) Other proper court officers; following must be established in the proof of service:
(3) For justifiable reasons, any suitable person [Sps. Ventura v. CA (1987)]
authorized by the court issuing the summons. (1) Impossibility of the personal service of summons
(4) Officer having management of a jail or within a reasonable time;
institution deputized as special sheriff when (2) Efforts made to find the defendant personally
defendant is a prisoner [Rule 14, sec. 9] and the fact that such efforts failed; [Laus v. CA
(1993)]
RETURN OF SUMMONS [Rule 14, sec. 4] (3) Service by leaving copy of summons either:
When the service has been completed, the server (a) With some person of suitable age and
shall, within 5 days therefrom, serve a copy of the discretion then residing in the defendant’s
return (personally or by registered mail) to the residence;
plaintiff's counsel, and shall return the summons to (b) With some competent person in charge of the
the clerk who issued it, accompanied by proof of defendant’s office or regular place of business.
service.
For a substituted service to be valid, summons
ALIAS SUMMONS [Rule 14, sec. 5] served at the defendant's residence must be served
Upon plaintiff’s demand, the clerk may issue an alias at his residence at the time of such service and not at
summons if either: his former place of residence.
(1) Summons is returned without being served on
any/all of the defendants. "Dwelling house" or "residence" refer to the place
(2) Summons was lost. where the person named in the summons is living at
the time when the service is made, even though he
The server shall also serve a copy of the return on the may be temporarily out of the country at the time.
plaintiff's counsel within 5 days therefrom, stating [Sps. Ventura v. CA (1987)]
the reasons for the failure of service.
Substituted service must be used only as prescribed
MODES OF SERVICE OF SUMMONS and in the circumstances authorized by statute.
Any application to the court under Rule 14 for leave Statutes prescribing modes other than personal
to effect service in any manner for which leave of service of summons must be strictly complied with to
court is necessary shall be made by: give the court jurisdiction, and such compliance must
(1) motion in writing, appear affirmatively in the return. [Laus v. CA (1993)]
(2) supported by affidavit of the plaintiff or some
person on his behalf, setting forth the grounds While the sheriff's return carries with it the
for the application. [Rule 14, Sec. 17] disputable presumption of regularity in the sense
that the entries therein are deemed correct, it does
PERSONAL SERVICE not necessarily follow that an act done in relation to
SERVICE IN PERSON ON DEFENDANT the official duty for which the return is made was not
(1) By handing a copy of summons to him; done simply because it is not disclosed therein.
(2) By tendering it to him, if he refuses to receive [Mapa v. CA (1992)]
and sign for it. [Rule 14, Sec. 6]
Proof of substituted service of summons must
SUBSTITUTED SERVICE [Rule 14, Sec. 7] (asked in (a) indicate the impossibility of service of summons
the 2004 Bar Exam) within a reasonable time;
(b) specify the efforts exerted to locate the
RATIONALE: Enjoyment of the privileges of residence defendant; and
within the state, and the attendant right to invoke (c) state that the summons was served upon a
the protection of its laws, are inseparable from the person of sufficient age and discretion who is
various incidences of state citizenship. residing in the address, or who is in charge of the
office or regular place of business, of the
One such incident of domicile is amenability to suit defendant. It is likewise required that the
within the state even during sojourns without the pertinent facts proving these circumstances be
state, where the state has provided and employed a stated in the proof of service or in the officer’s
reasonable method for apprising such an absent return. [Sps. Tiu v. Villar (2012)]
party of the proceedings against him. [Northwest v.
CA (1995)]

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CONSTRUCTIVE SERVICE (BY PUBLICATION) [Rule from any interest in any property within the
14, Sec. 14] Philippines;
(d) Has defendant’s property in the Philippines,
REQUISITES attached.
(1) The action is in rem or quasi in rem;
(2) Defendant's identity or whereabouts are unknown MODES OF SERVICE
and cannot be ascertained by diligent inquiry; (1) With leave of court, serve outside the Philippines
(3) There must be leave of court. by personal service; or
(2) With leave of court, serve by publication in a
Summons by publication in a personal action cannot newspaper of general circulation, in which case
confer upon the court jurisdiction over the person of copy of the summons and order of the court must
the defendant, who does not voluntarily submit also be sent by registered mail to the defendant’s
himself to the authority of the court. last known address;
(3) Any other manner the court deems sufficient
The proper recourse for the plaintiff is to locate
properties of the defendant whose address is The court order granting extraterritorial service shall
unknown and cause them to be attached. specify a period of at least 60 days within which the
[Consolidated Plywood v. Breve (1988)] defendant must answer.

SERVICE OF SUMMONS UPON DIFFERENT ENTITIES SERVICE UPON PRISONERS AND MINORS
See Annex A. SERVICE UPON PRISONER [Rule 14, Sec. 9]
Serve upon the officer having management of the
SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS jail/prison
UNKNOWN OR WHERE HIS WHEREABOUTS ARE UNKNOWN
[Rule 14, Sec. 14] SERVICE UPON MINORS AND INCOMPETENTS [Rule 14, Sec.
10]
With leave of court, by publication in a newspaper of Serve upon the minor/incompetent and on his legal
general circulation guardian.
(a) If there is no guardian, plaintiff may apply for the
SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE appointment of a guardian ad litem.
PHILIPPINES [Rule 14, Sec. 16] (b) If minor, may serve on his parents.

With leave of court, may serve extraterritorially PROOF OF SERVICE


RETURN OF SERVICE [Rule 14, Sec. 4]
Service of summons upon different entities When service has been completed, the server shall
Summons is validly served if it is left with some serve a copy of the return within 5 days (personally or
person of suitable age and discretion then residing in by registered mail) to the plaintiff's counsel, and
the defendant's residence, even if defendant was shall return the summons to the clerk who issued it,
abroad at that time. The fact that the defendant did accompanied with the proof of service.
not actually receive the summons did not invalidate
the service of such summons. [Montalban v. Maximo General rule: Return of service of summons
(1963)] immediately shifts burden of evidence from plaintiff
to defendant since there is a presumption of
EXTRA-TERRITORIAL SERVICE, WHEN ALLOWED regularity.
[Rule 14, Sec. 15] (a) Without return of service: Burden is on plaintiff.
(b) In the case of Mapa v. CA (1992) though, while
REQUISITES: (Asked in the 1997 and 2008 Bar Exam) there was a return, return was patently irregular,
(1) Defendant does not reside or is not found in the thus no presumption of regularity could be had.
Philippines;
(2) Action either: Exception: Doctrine of substantial compliance – If
(a) Affects the plaintiff’s personal status; defendant actually received summons and complaint
(b) Relates to or the subject matter of which is despite all these technicalities.
property within the Philippines in which
defendant has a lien/interest; PROOF OF SERVICE
(c) Demands a relief which consists If personal or substituted service: In writing by the
wholly/partially in excluding the defendant server and shall: [Rule 14, Sec. 18]
(1) Set forth the manner/place/date of service;

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(2) Specify any papers which have been served with SERVICE OF SUMMONS UPON DIFFERENT ENTITIES
the process and the name of the person who See Annex A.
received the same;
(3) Be sworn to when made by a person other than a
sheriff or his deputy.

If by publication: [Rule 14, Sec. 19]


Motions
(1) Affidavit of the printer, his foreman, principal
MOTIONS IN GENERAL
clerk, or the editor, business/advertising
manager, with a copy of the publication attached,
DEFINITION OF A MOTION
AND
An application for relief other than by a pleading
(2) Affidavit showing the deposit of a copy of the
[Rule 15, Sec. 1]
summons and order for publication in the post
office, postage prepaid, directed to the defendant
Motion day [Rule 15, Sec. 7]
by registered mail to his last known address.
Except for urgent motions, motions are scheduled for
hearing:
EFFECT OF NON-SERVICE OF SUMMONS (asked in the
(1) On Friday afternoons;
2006 Bar Exam)
(2) Afternoon of the next working day, if Friday is a
Unless the defendant voluntarily submits to the
non-working day.
jurisdiction of the court,non-service or irregular
service of summons renders null and void all
Motion for leave to file a pleading/motion [Rule 15,
subsequent proceedings and issuances in the action
Sec. 9]
from the order of default up to and including the
Must be accompanied by the pleading/motion
judgment by default and the order of execution.
sought to be admitted
If the defendant has already been served with
Motions not acted upon
summons on the original complaint, no further
Parties and counsel should not assume that courts
summons is required on the amended complaint if it
are bound to grant the time they pray for. After all, a
does not introduce new causes of action. [Ong Peng
motion that is not acted upon in due time is deemed
v. Custodio (1961)]
denied. [Orosa v. CA (1996)]
But if the defendant was declared in default on the
MOTIONS VERSUS PLEADINGS
original complaint and the plaintiff subsequently
filed an amended complaint, new summons must be
Motion Pleading
served on the defendant on the amended complaint,
as the original complaint was deemed withdrawn
Contains allegations of Contains allegations of
upon such amendment. [Atkins v. Domingo (1923)]
facts the ultimate facts
Prays for a relief Prays for a relief
WAIVER OF SERVICE OF SUMMONS [Rule 14, Sec. 20]
Grant of the relief does Grant of relief
General rule: Defendant's voluntary appearance in not extinguish the action extinguishes the action
the action shall be equivalent to service of summons; (interlocutory relief) (final relief)
Generally in writing (with Always in writing
Exception: Special appearance to file a MTD. some exceptions)

Inclusion in the MTD of grounds other than LOJ over General rule: A motion cannot pray for judgment.
the defendant’s person, is not deemed a voluntary
appearance. Any mode of appearance in court by a Exception:
defendant or his lawyer is equivalent to service of (1) Motion for judgment on the pleadings.
summons, absent any indication that the (2) Motion for summary judgment.
appearance of counsel for petitioner is precisely to (3) Motion for judgment on demurrer to evidence.
protest the jurisdiction of the court over the person of
the defendant. [Delos Santos v. Montesa (1993)] CONTENTS AND FORM OF MOTIONS
Contents [Rule 15, Sec. 3]
(1) Relief sought to be obtained
(2) Grounds upon which it is based

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(3) If it is required/necessary to prove facts alleged in What may be proof:


a motion, it shall be accompanied by supporting (1) If by registered mail: Affidavit or registry receipt
affidavits and other papers. or postmark on envelope or return card, with an
(4) Motions raising factual issues must be supported explanation.
by affidavits. (2) If by personal service: Affidavit or
acknowledgment of receipt by the other party.
Form of motions [Rule 15, Sec. 2]
General rule: In writing. Exceptions:
(1) If the motion is one which the court can hear ex
Exception: Oral motions: parte.
(1) Made in open court; (2) If the court is satisfied that the rights of the
(2) In the course of a hearing/trial. adverse parties are not affected by the motion.
(3) If the party is in default because such a party is
NOTICE OF HEARING AND HEARING OF MOTIONS not entitled to notice.
Requisites of motions (not made in open court or in
the course of hearing/trial) OMNIBUS MOTION RULE [Rule 15, Sec. 8]
(1) In writing; [Rule 15, Sec. 2] Definition: A motion attacking a pleading/ order/
judgment/ proceeding must include all objections
(2) Hearing on the motion set by the applicant then available. All objections not included in the
Notice of hearing shall be addressed to all motion are deemed waived.
parties, and shall specify the time and date of the
hearing which shall not be later than 10 days Exception: When the court’s jurisdiction is in issue:
from the filing of the motion. [Rule 15, Sec. 5] (1) LOJ over subject-matter;
(2) Litis pendentia;
Notice must be addressed to the counsels. A (3) Res judicata;
notice of hearing addressed to the clerk of court, (4) Prescription.
and not to the parties, is no notice at all.
Accordingly, a motion that does not contain a LITIGATED AND EX PARTE MOTIONS
notice of hearing to the adverse party is nothing Kinds of Motion
but a mere scrap of paper, as if it were not filed; (1) Motion Ex Parte - Made without notification to the
hence, it did not suspend the running of the other party because the question generally
period to appeal. [Provident International presented is not debatable.
Resources v. CA (1996)] (2) Litigated Motion - Made with notice to the
adverse party so that an opposition thereto may
(3) Motion and notice of hearing must be served at be made.
least 3 days before the date of hearing; [Rule 15, (3) Motion Of Course - Motion for a kind of
Sec. 4] relief/remedy to which the movant is entitled to
as a matter of right, Allegations contained in such
Purpose: To prevent surprise upon the adverse party motion do not have to be investigated/verified.
and to enable the latter to study and meet the (4) Special Motion - Discretion of the court is
arguments of the motion. involved. An investigation of the facts alleged is
required.
Exceptions:
(1) Ex parte motions; PRO-FORMA MOTIONS
(2) Urgent motions; Pro forma motion – A motion failing to indicate time
(3) Motions agreed upon by the parties to be heard and date of the hearing
on shorter notice, or jointly submitted by the
parties; MOTIONS FOR BILL OF PARTICULARS
(4) Motions for summary judgment which must be
served at least 10 days before its hearing. BILL OF PARTICULARS (ASKED IN THE 2003 BAR
EXAM)
Proof of service [Rule 15, Sec. 6] Definition: It is a detailed explanation respecting any
General rule: A written motion set for hearing will not matter which is not averred with sufficient
be acted upon by the court if there is no proof of definiteness/particularity in the complaint as to
service thereof. enable a party to properly prepare his responsive
pleading or to prepare for trial. [Rule 12, Sec. 1]

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PURPOSE AND WHEN APPLIED FOR (2) BOP or definite statement filed either as a
It is filed by the plaintiff pursuant to a court order separate pleading or as an amended pleading, a
issued upon granting a motion for BOP filed by the copy of which must be served on the adverse
defendant before the latter files an answer. party.

In said motion, the defendant prays for a more Effect of non-compliance [Rule 12, Sec. 4]
definite statement of matters which are not averred In case of non-compliance or insufficient compliance
with sufficient definiteness in the complaint. with the order for BOP, the court:
(1) May order the striking out of the pleading (or
An action cannot be dismissed on the ground that portion thereof) to which the order is directed; OR
the complaint is vague/indefinite. The remedy of the (2) Make such order as it may deem just.
defendant is to move for a BOP or avail of the proper
mode of discovery. [Galeon v. Galeon (1973)] If the plaintiff fails to obey, his complaint may be
dismissed with prejudice unless otherwise ordered by
Purpose the court. [Rule 12, Sec. 4; Rule 17, Sec. 3]
To inform the adverse party more specifically of the
precise nature and character of the cause of action or If defendant fails to obey, his answer will be stricken
defense alleged in the pleading, with the view of off and his counterclaim dismissed, and he will be
enabling him to prepare properly his responsive declared in default upon motion of the plaintiff. [Rule
pleading or to prepare for trial. 9, Sec. 3; Rule 12, Sec. 4; Rule 17, Sec. 4]

The purpose of a BOP is to define/ clarify/ EFFECT ON THE PERIOD TO FILE A RESPONSIVE PLEADING
particularize/ limit/ circumscribe the issues in the [Rule 12, Sec. 5]
case to expedite the trial and assist the court.
A Motion for BOP interrupts the period to file a
The only question to be resolved in a motion for a responsive pleading.
BOP is WON the allegations in the complaint are
averred with sufficient definiteness/ particularity to The period to which the movant is entitled at the
enable the movant to properly prepare his time of filing of the motion, which shall not be less
responsive pleading and to prepare for trial. than 5 days in any event.
[Tantuico, Jr. v. Republic (1991)]
NOTE the following distinctions:
A BOP becomes part of the pleading for which it was
intended. [Rule 12, Sec. 6]
Bill of Particulars (BOP) Intervention
When applied for [Rule 12, Sec. 1]
(1) Before responding to a pleading Purpose is to enable a Purpose is to enable a
(2) If the pleading is a reply, within 10 days from party bound to respond person not yet a party to
service thereof to a pleading to get an action, yet having a
What a motion for bill of particulars should point out more details about certain right or interest in
[Rule 12, Sec. 1] matters which are such action, the
(1) The defects complained of; alleged generally or opportunity to appear
(2) The paragraph wherein they are contained; which are indefinite and and be joined so he
(3) The details desired. vague, so as to properly could assert or protect
guide such party in such right or interest
ACTIONS OF THE COURT [Rule 12, Sec. 2] answering the pleading
(1) Deny; and to avoid surprise in
(2) Grant the motion outright; the trial of the case
(3) Allow the parties the opportunity to be heard. Available to the Available to any person
defendant before he files not yet a party to the
COMPLIANCE WITH THE ORDER AND EFFECT OF NON- his responsive pleading action at any time after
COMPLIANCE the commencement of
Compliance with order [Rule 12, Sec. 3] an action, even during
If motion for BOP is granted wholly/partially: the proceeding, but not
(1) Within 10 days from notice of order, BOP or a after the trial has been
more definite statement should be submitted concluded
(unless court fixes a different period).

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Terminating the action before trial (b) LOJ over the subject matter of the claim
(c) Improper venue
MOTION TO DISMISS (d) Plaintiff’s lack of legal capacity to sue
DEFINITION (e) Litis pendentia
A remedy of the defendant, or the responding party (f) Res judicata
in general, which attacks the entire pleading and (g) Prescription
seeks its dismissal based on: (h) Failure to state a cause of action
(1) Grounds which are patent on the face of the (i) Extinguished claim
complaint; (j) Unenforceable claim under the Statute of Frauds
(2) Defenses available to the defendant at the time (k) Non-compliance with a condition precedent for
of the filing of the complaint filing claim

It hypothetically admits the facts stated in the LOJ over the defendant’s person
complaint. The objection of LOJ over the person on account of
lack of service or defective service of summons, must
It is not a responsive pleading. It is not a pleading at be raised:
all. It is subject to the omnibus motion rule since it is (1) At the very first opportunity;
a motion that attacks a pleading. Hence, it must (2) Before any voluntary appearance is made.
raise all objections available at the time of the filing If a defendant had not been properly summoned, the
thereof. period to file a MTD for LOJ over his person does not
commence to run until he voluntarily submits to the
General rule: A court may not motu propio dismiss a jurisdiction of the court. [Laus v. CA (1993)]
case, unless a motion to that effect is filed by a party.
Appearance of counsel is equivalent to summons,
Exception: unless such is made to protest the jurisdiction of the
(1) Cases where the court may dismiss a case motu court over the person of the defendant. If grounds
propio; [Rule 9, Sec. 1] other than invalid service of summons are raised, it
(2) Failure to prosecute; [Rule 17, Sec. 3] cannot be considered as a special appearance. [De
(3) Sec. 4, Revised Rule on Summary Procedure. los Santos v. Montesa (1993)]

TYPES OF DISMISSAL OF ACTION LOJ over the subject matter of the claim
(1) MTD before answer under Rule 16; If the complaint shows on its face LOJ, the court may
(2) MTD under Rule 17: dismiss the case outright instead of hearing the
(a) Upon notice by plaintiff; motion.
(b) Upon motion by plaintiff;
(c) Due to fault of plaintiff. A MTD on the ground of LOJ over the subject matter
(3) Demurrer to evidence after plaintiff has may be raised either:
completed the presentation of his evidence under (1) Before answer;
Rule 33; (2) After answer is filed;
(4) Dismissal of an appeal. (3) After hearing had commenced;
(4) At any stage of the proceeding, even for the first
Note: time on appeal and even if no such defense is
A MTD shall be proved/disproved according to the raised in the answer.
rules of evidence.
Improper venue
The hearing shall be conducted as an ordinary Unless and until the defendant objects to the venue
hearing and the parties shall be allowed to present in a MTD prior to a responsive pleading, the venue
evidence, except when the motion is based upon cannot truly be said to have been improperly laid
failure of the complaint to state a cause of action. since, for all practical intents and purposes, the
venue though technically wrong may yet be
When the MTD is based on facts not appearing of considered acceptable to the parties for whose
record, the court may hear the matter on convenience the rules on venue had been devised.
affidavits/depositions. Improper venue may be waived and such waiver may
occur by laches. [Diaz v. Adiong (1993)]
GROUNDS [Rule 16, Sec. 1] (Asked in the 2008 Bar
Exam) A stipulation between the parties as to venue does
(a) LOJ over the defendant’s person not preclude the filing of suits in the residence of

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plaintiff/defendant under Rule 4, Sec. 2(b). In the


absence of qualifying/restrictive words which would The 1st case shall be abated if it is merely an
indicate that a specific place alone is the venue, an anticipatory action or defense against an expected
agreement as to venue is merely permissive and suit. The 2nd case will not be abated if it is not
there is no waiver of right to pursue remedy in other brought to harass. [Vitrionics Computers v. RTC
courts. [HSBC v. Sherman (1989)] (1993)]

If the court erroneously denies the MTD, the remedy Res judicata
is prohibition. Requisites (Asked in the 2000 Bar Exam):
(1) Former judgment rendered by a court having
Plaintiff’s lack of legal capacity to sue jurisdiction over the subject matter and over the
The plaintiff lacks legal capacity to sue: parties;
(1) When he does not possess the necessary (2) Judgment must be a final judgment;
qualification to appear at the trial (e.g. when he (3) Judgment must be on the merits;
plaintiff is not in the full exercise of his civil There can be res judicata without a trial, such as
rights); in a judgment on the pleadings (Rule 34); a
(2) When he does not have the character which he summary judgment (Rule 35); or an order of
claims, which is a matter of evidence (e.g. when dismissal under Rule 17, Sec. 3.
he is not really a duly appointed administrator of (4) There must be identity of parties, of subject
an estate). matter and of the causes of action.

Lack of legal capacity to sue refers to plaintiff’s For res judicata to apply, absolute identity of parties
disability; while lack of legal personality to sue refers is not required because substantial identity is
to the fact that the plaintiff is not a real party in sufficient. Inclusion of additional parties will not
interest, in which case the ground for dismissal affect the application of the principle of res judicata.
would be that the complaint states no cause of
action. The test of identity of cause of action lies not in the
form of the action but on WON the same evidence
Litis pendentia would support and establish the former and the
Requisites: [Anderson Group v. CA (1997) Asked in the present causes of action. [DBP v. Pundogar (1993)]
2007 Bar Exam]
(1) Identity of parties; Rationale: The sum and substance of the whole
(2) identity of rights asserted and relief prayed for; doctrine is that a matter once judicially decided is
(3) Relief founded on the same facts and the same finally decided because of:
basis; (1) Public policy and necessity makes it the interest
(4) Identity in the 2 proceedings should be such that of the State that there should be an end to
any judgment which may be rendered in the other litigation;
action will amount to res judicata on the action (2) The hardship on the individual that he should be
under consideration. vexed twice for the same cause. [Nabus v. CA
(1991)]
It is not required to allege that there be a prior
pending case. It is sufficient to allege and prove the Two concepts of res judicata [ABALOS V. CA 1993,
pendency of another case, even if same had been ASKED IN THE 1997 BAR EXAM)]
brought later. (1) Bar by prior judgment – Judgment on the merits
in the 1st case constitutes an absolute bar to the
It does not require that the later case be dismissed in subsequent action not only as to every matter
favor of the earlier case. To determine which case which was offered and received to sustain or
should be abated, apply: defeat the claim/demand, but also to any other
(1) The More Appropriate Action Test; admissible matter which might have been offered
(2) The Interest of Justice Test, taking into account: for that purpose and to all matters that could
(a) Nature of the controversy; have been adjudged in that case. (Asked in the
(b) Comparative accessibility of the court to the 2002 Bar Exam)
parties;
(c) Other similar factors. (2) Conclusiveness of judgment – Where the 2nd
action between the parties is upon a different
In both tests, the parties’ good faith shall be taken claim/demand, the judgment in the 1st case
into consideration. operates as an estoppel only with regard to those

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issues directly controverted, upon the Test: Assuming the allegations and statements to be
determination of which the judgment was true, does the plaintiff have a valid cause of action?
rendered.
A MTD based upon the ground of failure to state a
Note: A single act or omission that causes damage to cause of action imports a hypothetical admission by
an offended party may give rise to two separate civil the defendant of the facts alleged in the complaint.
liabilities on the part of the offender (1) civil liability ex
delicto, that is, civil liability arising from the criminal If the court finds the allegations of the complaint to
offense under Article 100 of the Revised Penal Code, be sufficient but doubts their veracity, it must deny
52 and (2) independent civil liability, that is, civil the MTD and require the defendant to answer and
liability that may be pursued independently of the then proceed to try the case on its merits.
criminal proceedings. Because of the distinct and
independent nature of the two kinds of civil liabilities, A complaint containing a premature cause of action
jurisprudence holds that the offended party may may be dismissed for failure to state a cause of
pursue the two types of civil liabilities simultaneously action.
or cumulatively, without offending the rules on forum
shopping, litis pendentia, or res judicata.[Lim v. Co If the suit is not brought against the real party-in-
(2012)] interest, a motion to dismiss may be filed on the
ground that the complaint states no cause of action.
On naturalization: A decision or order granting [Tanpinco v. IAC (1992)]
citizenship will not even constitute res judicata to any
matter or reason supporting a subsequent judgment Extinguished claim
cancelling the certification of naturalization already That the claim/demand set forth in the plaintiff's
granted, on the ground that it had been illegally or pleading has been paid, waived, abandoned or
fraudulently procured. [Republic v. Ong (2012)] otherwise extinguished.

Statute of limitations Unenforceable claim under the statute of frauds


Prescription applies only when the complaint on its Article 1403 (2) CC requires certain contracts to be
face shows that indeed the action has already evidenced by some note or memorandum in order to
prescribed. be enforceable, to wit:
(a) An agreement that by its terms is not to be
If the fact of prescription is not indicated on the face performed within a year from the making thereof;
of the complaint and the same may be brought out (b) A special promise to answer for the debt, default,
later, the court must defer decision on the motion or miscarriage of another;
until such time as proof may be presented on such (c) An agreement made in consideration of marriage,
fact of prescription. other than a mutual promise to marry;
(d) An agreement for the sale of goods, chattels or
things in action, at a price not less than five
Prescription Laches hundred pesos, unless the buyer accept and
receive part of such goods and chattels, or the
Concerned with the fact Concerned with the evidences, or some of them, of such things in
of delay effect of delay action, or pay at the time some part of the
A matter of time A matter of equity purchase money; but when a sale is made by
Statutory Not statutory auction and entry is made by the auctioneer in his
Applies in law Applies in equity sales book, at the time of the sale, of the amount
Based on fixed time Not based on fixed time and kind of property sold, terms of sale, price,
names of the purchasers and person on whose
Complaint states no cause of action account the sale is made, it is a sufficient
Failure to state a cause of action (not lack of cause of memorandum;
action) is the ground for a MTD. The former means (e) An agreement for the leasing for a longer period
there is insufficiency in the allegations in the than one year, or for the sale of real property or of
pleading. The latter means that there is insufficiency an interest therein;
in the factual basis of the action. (f) A representation as to the credit of a third person.

The failure to state a cause of action must be evident Non-compliance with a condition precedent
on the face of the complaint itself. Non-compliance with PD 1508 (Katarungang
Pambarangay Law) may result in dismissal of the

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case on the ground of non-compliance with a Appeal is not a remedy since denial of a motion
condition precedent. to dismiss is an interlocutory order. As a general
rule, defendant files his answer and then may
RESOLUTION OF MOTION appeal an adverse judgment.
During the hearing of the motion, parties shall
submit: [Rule 16, Sec. 2] (2) Another remedy is to file a certiorari, case under
(1) Their arguments on questions of law; Rule 65 alleging grave abuse of discretion.
(2) Their evidence on questions of fact. [Riano]

Exception: Those not available at that time.


EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN
If the case goes to trial, such evidence presented GROUNDS
shall automatically be part of the evidence of the Of dismissal: [Rule 16, Sec.5]
party presenting the same. General rule: The action/claim may be re-filed.

After the hearing, the court may either: [Rule 16, Sec. Exception: The action cannot be re-filed (although
3] subject to appeal) if it was dismissed on any of the
(1) Dismiss the action/claim; following grounds:
(2) Deny the MTD; (1) Res judicata;
(3) Order the amendment of pleadings. (2) Prescription;
(3) Extinguishment of the claim/demand;
The court cannot defer the resolution of the MTD for (4) Unenforceability under the Statute of Frauds.
the reason that the ground relied upon is not [Rule 16, Sec. 1 (f),(h),(i)]
indubitable.
On periods for pleading: [Rule 16, Sec.4]
The court’s resolution on the MTD must clearly and If MTD is denied – Movant must file his answer within
distinctly state the reasons therefor. the balance of the period under Rule 11 to which he
was entitled at the time of serving his MTD (but not
REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS less than 5 days) computed from the his receipt of
DISMISSED notice of the denial.
Remedies of plaintiff when motion to dismiss is
granted If pleading is ordered to be amended – movant must
If the motion is granted, the complaint is dismissed. file his answer within the period under Rule 11,
Since the dismissal is final and not interlocutory in counted from service of the amended pleading
character, the plaintiff has several options: (unless the court gives a longer period).
(1) Depending upon the ground for the dismissal of
the action, the plaintiff may refile the complaint, On other grounds and omnibus motion rule:
e.g when ground for dismissal is anchored on MTD based on the following grounds may be filed
improper venue. even after filing an answer: [Rule 9, Sec. 1]
(2) He may appeal from the order of dismissal where (1) LOJ over subject-matter;
the ground relied upon is one which bars refilling (2) Litis pendentia;
of complaint e.g. (3) Res judicata;
(a) Res judicata (4) Prescription.
(b) Prescription
(c) Extinguishment of the obligation Dismissal of the complaint under Rule 16, Sec. 6 is
(d) Violation of Statutes of Fraud without prejudice to the prosecution (in the same or
(3) The plaintiff may also avail of a petition for in a separate action) of a counterclaim pleaded in
certiorari, alleging grave abuse of discretion. the answer.
[Riano]
WHEN GROUNDS PLEADED AS AFFIRMATIVE DEFENSES
REMEDIES OF THE DEFENDANT WHEN THE MOTION IS [Rule 16, Sec. 6]
DENIED If no MTD was filed, the grounds in Rule 16, Sec. 1
(1) The movant shall file his answer within the may be pleaded as an affirmative defense and the
balance of the period described in Rule 11 to court may conduct a preliminary hearing thereon as
which he was entitled at the time of serving his if a MTD was filed.
motion, but not less than 5 days in any event.

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BAR BY DISMISSAL Upon plaintiff’s filing of notice, the court shall issue
Subject to the right of appeal, an order granting a an order dismissing the case. (i.e. the court has no
motion to dismiss based on paragraphs: discretion on WON to dismiss the case).
(f) – That the cause of action is barred by a prior
judgment or by the statute of limitations; General rule: The dismissal is without prejudice.
(h) – That the claim or demand set forth in the
plaintiff’s pleading has been paid, waived, Exceptions:
abandoned, or otherwise extinguished; and (1) If the notice of dismissal provides that it is with
(i) - That the claim on which the action is founded is prejudice.
enforceable under the provisions of the statute The dismissal is still with prejudice even it the
of frauds notice of dismissal does not so provide, where
such notice is premised on the fact of payment by
shall bar the refiling of the same action or claim. the defendant of the claim involved. [Serrano v.
[Rule 16, Sec. 5] Cabrera (1953)]

DISTINGUISHED FROM DEMURRER TO EVIDENCE UNDER (2) Two-Dismissal Rule –


RULE 33 If the plaintiff has previously dismissed an action
MTD under Rule 16 MTD under Rule 33 based on or including the same claim, the notice
(Demurrer to evidence) operates as an adjudication upon the merits.
Based on preliminary Based on insufficiency
objections of evidence DISMISSAL UPON MOTION BY PLAINTIFF;
May be filed by any May be filed only by the EFFECT ON EXISTING COUNTERCLAIM
defending party against defendant against the
whom a claim is complaint of the DISMISSAL UPON PLAINTIFF’S MOTION [Rule 17, Sec. 2]
asserted in the action plaintiff Here, dismissal of the complaint is subject to the
Should be filed within May be filed only after court’s discretion and upon such terms and
the time for, but prior to, the plaintiff has conditions as may be deemed proper by court
the filing of the completed the
defending party’s presentation of his Leave of court for the dismissal is necessary because
answer to the pleading evidence the motion is made after a responsive pleading or a
asserting the claim motion for summary judgment has been served.
against him
If denied, defendant If denied, defendant If defendant pleaded a counterclaim prior to the
answers; else, he may be may present evidence. service upon him of the plaintiff’s motion for
declared in default. dismissal, the dismissal shall be without prejudice to
If granted, plaintiff the defendant’s right to either:
If granted, plaintiff may appeals and the order (1) Prosecute his counterclaim in a separate action;
appeal or if a of the dismissal is (2) Have the counterclaim resolved in the same
subsequent reversed; the defendant action, by manifesting such preference within 15
case is not barred, he loses his right to days from being notified of plaintiff’s motion for
may re-file the case present evidence. dismissal.

Dismissal here is without prejudice, unless otherwise


provided in the order.

Dismissal of Actions Court approval of the court is necessary in the


dismissal/compromise of a class suit.
DISMISSAL UPON NOTICE BY PLAINTIFF; TWO-
DISMISSAL RULE DISMISSAL DUE TO THE FAULT OF PLAINTIFF
DISMISSAL UPON PLAINTIFF’S NOTICE [Rule 17, Sec. 1] DISMISSAL DUE TO PLAINTIFF’S FAULT [Rule 17, Sec. 3]
Dismissal here is effected not by motion but by mere The case may be dismissed motu proprio or upon the
notice before the service of either: defendant’s motion if, without justifiable cause,
(1) The answer; plaintiff fails either:
(2) A motion for summary judgment. (1) To appear on the date of the presentation of his
evidence-in-chief on the complaint;
(a) The plaintiff’s failure to appear at the trial
after he has presented his evidence and

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rested his case does not warrant the dismissal res judicata. Res judicata, however, is not applicable
of the case on the ground of failure to since the court held that it did not acquire
prosecute. jurisdiction due to non-payment of docket fees.
(b) It is merely a waiver of his right to cross-
examine and to object to the admissibility of Dismissal on the ground of LOJ does not constitute
evidence. [Jalover v. Ytoriaga (1977)] res judicata, there being no consideration and
(2) To prosecute his action for an unreasonable adjudication of the case on the merits. Neither is
length of time (nolle prosequi); there litis pendentia. [Meliton v. CA (1992)]
The test for dismissal of a case due to failure to
prosecute is WON, under the circumstances, the
plaintiff is chargeable with want of due diligence
in failing to proceed with reasonable
promptitude. [Calalang v. CA (1993)]
Pre-Trial
(3) To comply with the ROC or any court order.
CONCEPT OF PRE-TRIAL
DEFINITION
The dismissal has the effect of an adjudication on the
A mandatory conference and personal confrontation
merits, unless the court declares otherwise, without
before the judge between the parties litigant and
prejudice to the right of the defendant to prosecute
their representative counsels, called by the court
his counter-claim in the same or separate action.
after the joinder of issues in a case or after the last
pleading has been filed and before trial, for the
purpose of settling the litigation expeditiously or
Rule 17, Sec. 2 Rule 17, Sec. 3
simplifying the issues without sacrificing the
necessary demands of justice (Asked in the 1999 Bar
Dismissal is at the Dismissal is not procured
Examination, Examiner asked to compare this with
plaintiff’s instance by plaintiff, although
proceedings in the Katarungang Pambarangay).
justified by causes
imputable to him
NATURE AND PURPOSE
Dismissal is a matter of Dismissal is a matter of PURPOSE
procedure, without evidence, an To consider: [Rule 18, Sec. 2]
prejudice unless adjudication on the (a) Possibility of an amicable settlement or of a
otherwise stated in the merits submission to alternative modes of dispute
court order or on resolution;
plaintiff’s motion for (b) Simplification of the issues;
dismissal of his own (c) Necessity/desirability of amendments to the
complaint. pleadings;
Dismissal is without Dismissal is without (d) Possibility of obtaining stipulations or admissions
prejudice to the prejudice to the of facts and of documents to avoid unnecessary
defendant’s right to defendant’s right to proof;
prosecute his prosecute his (e) Limitation of the number of witnesses;
counterclaim in a counterclaim in the (f) Advisability of a preliminary reference of issues to
separate action (unless same or in a separate a commissioner;
within 15 days from action (g) Propriety of rendering judgment on the
notice of the motion he pleadings, or summary judgment, or of
manifests his intention dismissing the action should a valid ground
to have his counterclaim therefor be found to exist;
resolved in the same (h) Advisability/necessity of suspending the
action). proceedings; and
(i) Other matters that may aid in the prompt
DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM disposition of the action.
OR THIRD-PARTY COMPLAINT [Rule 17, Sec. 4]
Note:
This Rule applies to the dismissal of counterclaims, (a) Pre-trial is primarily intended to make certain
cross-claims or 3rd-party complaints. that all issues necessary to the disposition of a
case are properly raised.
Where a counterclaim is made the subject of a (b) Thus, to obviate the element of surprise, parties
separate suit, it may be abated upon a plea of auter are expected to disclose at a pre-trial conference
action pendentia and/or dismissal on the ground of (PTC) all issues of law and fact which they intend

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to raise at the trial, except such as may involve Citibank v. Chua (1993): SC admonishes the courts
privileged or impeaching matters. The against precipitate orders of default as they have the
determination of issues at a pre-trial conference effect of denying the party the chance to be heard.
bars the consideration of other questions on
appeal. [Caltex v. CA (1992)] There are instances when parties may properly be
(c) When conducted: After the last pleading has defaulted, but such is the exception rather than the
been served and filed, it shall be the plaintiff’s rule and should be used only in clear cases of
duty to move ex parte that the case be set for pre- obstinate refusal or inordinate neglect to comply
trial. [Rule 18, Sec. 1] with court orders.
(d) A pre-trial cannot validly be held until the last
pleading has been filed, which last pleading may FAILURE TO APPEAR AT PRE-TRIAL
be the plaintiff's reply, except where the period to Who fails to Effect
file the last pleading has lapsed. appear
(e) Discretion to declare a party non-suited in PTC Plaintiff Cause for dismissal of the
must not be abused. Unless a party is so action which will be with
negligent, irresponsible, contumacious, or prejudice, unless otherwise
dilatory as to provide substantial grounds for ordered by the court
dismissal for non-appearance, the court should Defendant Cause to allow plaintiff to
consider lesser sanctions which would still present evidence ex parte, and
amount to achieving the end desired. [Calalang v. court to render judgment on
CA (1993)] the basis thereof
NOTICE OF PRE-TRIAL [Rule 18, Sec. 3] Default by defendant As in default
Notice of pre-trial shall be served on counsel, or on (Rule 9, Sec. 3) (failure to appear by
the party who has no counsel. plaintiff) (Rule 18, Sec. 5)
Upon motion and notice Not required
Counsel served with such notice has a duty to notify to defendant.
the party he represents. Requires proof of failure Not required
to answer
At the start of the preliminary conference, the judge Court to render Court to allow plaintiff
is mandated to refer the parties and/or their judgment, unless it to present evidence ex
counsels to the mediation unit of the Philippine requires submission of parte, then the court
Mediation Center (PMC) for purposes of mediation. If evidence shall render judgment
the mediation fails, the judge will schedule the
Relief awarded must be Relief awarded may be
continuance of the preliminary conference. This rule
the same in nature and of different nature and
applies to Metro Manila, Cebu Davao City, and other
amount as prayed for in amount from the relief
place where PMC Units may be further organized
the complaint prayed for
and designated. [Admin, Circular No. 20-2002;
Admin. Circular No. 50-2005, April 26, 2005]
(a) A defendant who already filed an answer cannot
be declared in default. Only when the defendant
APPEARANCE OF PARTIES; EFFECT OF FAILURE
fails to file an answer to the complaint may the
TO APPEAR
court proceed to render judgment. [Lesaca v. CA
APPEARANCE OF PARTIES [Rule 18, Sec. 4]
(1992)]
It is the duty of the parties and their counsel to
(b) The Revised Rules on Summary Procedure does
appear at the pre-trial.
not provide that an answer filed after the
reglementary period should be expunged from
A party’s non-appearance may be excused only if
the records.
either:
(c) As a matter of fact, there is no provision for an
(a) Valid cause is shown for it;
entry of default if a defendant fails to file his
(b) A representative appears in his behalf, fully
answer.
authorized in writing:
(d) The defense of LOJ may have even been raised by
(1) To enter into an amicable settlement;
the defendant in a MTD as an exception to the
(2) To submit to alternative modes of dispute
rule on prohibited pleadings in the Revised Rule
resolution;
on Summary Procedure.
(3) To enter into stipulations/admissions of facts
(e) Such a motion is allowed under Sec. 19(a) thereof.
and of documents.
[Bayog v. Natino (1996)]

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(f) Where the failure to appear at the pre-trial (e) If despite all efforts exerted by the TC and the
hearing was uncontrovertedly due to illness, the parties the settlement conference still fails, then
default order may be set aside on the ground of the action should have continued as if no
accident over which petitioner had no control. suspension had taken place. [Goldloop Properties
(g) Also, the order of arrest was illegal as there is v. CA (1992)]
nothing in the ROC which authorizes such a
consequence of a default order. [Malanyaon v. Note: AM 03-1-09-SC (No termination of pre-trial for
Sunga (1992)] failure to settle)

PRE-TRIAL BRIEF; EFFECT OF FAILURE TO CALENDAR OF CASES


APPEAR (a) Under the direct supervision of the judge, the
PRE-TRIAL BRIEF [Rule 18, Sec. 6] clerk of court shall keep a calendar of cases for
(a) Parties shall file and serve their respective pre- pre-trial, for trial, those whose trials were
trial briefs, ensuring receipt by adverse party at adjourned/postponed, and those with motions to
least 3 days before the date of the pre-trial. set for hearing. [Rule 20, Sec. 1]
(b) Pre-trial brief’s contents (Asked in the 2001 Bar (b) Preference shall be given to habeas corpus cases,
Exam): election cases, special civil actions, and those so
(1) Statement of their willingness to enter into required by law. [Rule 20, Sec. 1]
amicable settlement or alternative modes of (c) The assignment of cases to the different branches
dispute resolution, indicating the desired of a court shall be done exclusively by raffle. The
terms thereof; assignment shall be done in open session of
(2) Summary of admitted facts and proposed which adequate notice shall be given so as to
stipulation of facts; afford interested parties the opportunity to be
(3) Issues to be tried/resolved; present. [Rule 20, Sec. 2]
(4) Documents/exhibits to be presented, stating
the purpose thereof; DISTINCTION BETWEEN PRE-TRIAL IN CIVIL
(5) Manifestation of their having availed or their CASE AND PRE-TRIAL IN CRIMINAL CASE (Bar
intention to avail themselves of discovery 1997, Riano)
procedures or referral to commissioners;
(6) Number and names of the witnesses, and the
substance of their respective testimonies. [AM Civil Case Criminal Case
No. 03-1-09-SC]
Set when the plaintiff Ordered by the court and
Note: Failure to file the pre-trial brief shall have the moves ex parte to set the no motion to set the case
same effect as failure to appear at the pre-trial. case for pre-trial [Rule for pre-trial is required
18, Sec. 1] from either the
RECORD OF PRE-TRIAL [Rule 18, Sec. 6] prosecution or the
(a) The pre-trial proceedings shall be recorded. Upon defense [Rule 118, Sec. 1]
termination of such proceedings, the court shall Made after the pleading Ordered by the court
issue the pre-trial order. has been served and after arraignment and
(b) Pre-trial order’s contents: filed [Rule 18, Sec. 1] within 30 days from the
(1) Matters taken up in the conference; sate the court acquired
(2) Action taken thereon; jurisdiction over the
(3) Amendments allowed on the pleadings; person of the accused
(4) Agreements/admissions made by the parties [Rule 118, Sec. 1]
as to any matters considered; Considered the Does not include the
(5) Should the action proceed to trial, the explicit possibility of an considering of the
definition and limit of the issues to be tried. amicable settlement as possibility of amicable
(c) Consequence: The contents of the order shall an important objective settlement of one’s
control the subsequent course of the action, [Rule 118, Sec. 2(a)] criminal liability as one
unless modified before trial to prevent manifest of its purposes [Rule 118,
injustice. Sec. 1]
(d) Upon manifestation of the parties of their The arrangements and (Stricter procedure)
willingness to discuss a compromise, the TC admissions in the pre- All agreements or
should order the suspension of the proceedings trial are not required to admissions made or
to allow them reasonable time to discuss and be signed by both parties entered during the pre-
conclude an amicable settlement. and their counsels. trial conference shall be

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thereof or to submit the case to any of the alternative


Civil Case Criminal Case modes of dispute resolution [AM No. 03-1-09-SC]

Under the Rules, they reduced in writing and EXCEPTION TO THE APPLICATION OF RA 9285:
are instead to be signed by both the (a) labor disputes covered by the Labor Code;
contained in the record accused and counsel; (b) the civil status of persons;
of pre-trial and pre-trial otherwise, they cannot (c) validity of a marriage;
order [Rule 18, Sec. 7] be used against the (d) any ground for legal separation;
accused. [Rule 118, Sec. (e) the jurisdiction of courts;
[AM No. 03-1-09] - 2] (f) future legitime;
requires the proceedings (g) criminal liability; and
during the preliminary (h) those which by law cannot be compromised.
conference to be
recorded in the “Minutes MODES OF ALTERNATIVE DISPUTE RESOLUTIONS:
of Preliminary Arbitration [RA, 9285, Section 1]
Conference” to be signed A voluntary dispute resolution process in which one
by both parties and/or or more arbitrators, appointed in accordance with
counsel. the agreement of the parties, or rules promulgated
(Note: either party or his pursuant to this Act, resolve a dispute by rendering
counsel is allowed to an award\
sign)
The sanctions for non- Sanctions are imposed Note: A court before which an action is brought in a
appearance are imposed upon the counsel for the matter which is the subject matter of an arbitration
upon the plaintiff and accused or the agreement shall, if at least one party so requests not
the defendant [Rule 18, prosecutor [Rule 118, later that the pre-trial conference, or upon the
Sec. 4] Sec. 3] request of both parties thereafter, refer the parties to
A pre-trial brief is A pre-trial brief is not arbitration unless it finds that the arbitration
specifically required to specifically required. agreement is null and void, inoperative or incapable
be submitted [Rule 18, of being performed. [RA 9285, Sec. 24]
Sec. 6]
Different Kinds:
ALTERNATIVE DISPUTE RESOLUTION (ADR) (a) Domestic Arbitration – an arbritration that is not
[RA 9285] international; governed by RA 876 (Arbitration
WHAT IS ALTERNATIVE DISPUTE RESOLUTION SYSTEM? Law) [RA 9285, Sec. 32]
Means any process or procedure used to resolve a (b) International Arbitration - An arbitration is
dispute or controversy, other than by adjudication of international if:
a presiding judge of a court or an officer of a (1) the parties to an arbitration agreement have,
government agency, as defined in this Act, in which a at the time of the conclusion of that
neutral third party participates to assist in the agreement, their places of business in
resolution of issue [RA 9285, Sec. 3] different States; or
(2) one of the following places is situated outside
POLICY BEHIND THE ADR: to actively promote party the State in which the parties have their
autonomy in the resolution of disputes or the places of business:
freedom of the party to make their own (i) the place of arbitration if determined in, or
arrangements to resolve their disputes [RA 9285, pursuant to, the arbitration agreement;
Sec. 2] (ii) any place where a substantial part of the
obligations of the commercial relationship
Notes: is to be performed or the place with which
At the start of the pre-trial conference, the judge the subject-matter of the dispute is most
shall immediately refer the parties and/or their closely connected; or
counsel if authorized by their clients to the PMC (3) the parties have expressly agreed that the
mediation unit for purposes of mediation if subject matter of the arbitration agreement
available.[AM No. 03-1-09-SC] relates to more than one country [Article 3,
Model Law on International Commercial
The pre-trial briefs of parties must include the Arbritration]
parties’ statement of their willingness to enter into
an amicable settlement indicating the desired terms

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Mediation [RA, 9285, Sec. 1] defendant in resisting the claims of plaintiff, or


(a) a voluntary process in which a mediator, selected demanding something adversely to both of them.
by the disputing parties, facilitates
communication and negotiation, and assist the Cariño v. Ofilada (1993): It is the act/proceeding by
parties in reaching a voluntary agreement which a 3rd person becomes a party in a suit pending
regarding a dispute between others.
(b) includes conciliation
It is the admission, by leave of court, of a person not
Mini-trial [RA, 9285, Sec. 1] an original party to pending legal proceedings, by
A structured dispute resolution method in which the which such person becomes a party thereto for the
merits of a case are argued before a panel protection of some right of interest alleged by him to
comprising senior decision makers with or without be affected by such proceedings.
the presence of a neutral third person after which the
parties seek a negotiated settlement An intervenor is a party to the action as the original
parties are, and to make his right effectual he must
Early Neutral Evaluation [RA, 9285, Sec. 1] necessarily have the same powers as the original
An ADR process wherein parties and their lawyers parties. He is entitled to have the issues raised
are brought together early in a pre-trial phase to between him and the original parties tried and
present summaries of their cases and receive a determined.
nonbinding assessment by an experienced, neutral
person, with expertise in the subject in the substance Intervention is never an independent action, but is
of the dispute ancillary and supplemental to the existing litigation.
Its purpose is to afford one not an original party, yet
Combination of Alternative Dispute Resolution [RA, having a certain right/interest in the pending case,
9285, Sec. 1] the opportunity to appear and be joined so he could
Example: Med-Arb: step dispute resolution process assert or protect such right/interest.
involving both mediation and arbitration
Hence, the final dismissal of the principal action
results into the dismissal of said ancillary action.

Intervention WHO MAY INTERVENE [Rule 19, Sec. 1]


(a) One who has a legal interest in the matter in
litigation;
DEFINITION OF INTERVENTION (Asked in the (b) One who has a legal interest in the success of
2003 Bar Exam) [Rule 19, Sec. 1] either of the parties;
A legal remedy whereby a person is permitted to (c) One who has an interest against both parties;
become a party in a case, by either: (d) One who is so situated as to be adversely affected
(a) Joining the plaintiff; by a distribution/disposition of property in the
(b) Joining the defendant; court’s custody.
(c) Asserting his right against both plaintiff and
defendant, considering that either: MEANING OF LEGAL INTEREST
(1) He has a legal interest in the subject matter of (a) Interest must be of a direct and immediate
the action; character so that the intervenor will either gain or
(2) He has legal interest in the success of either of lose by the direct legal operation of the
the parties judgment. The interest must be actual and
(3) He has legal interest against both of the material, a concern which is more than mere
parties curiosity, or academic or sentimental desire; it
(4) He is going to be adversely affected by the must not be indirect and contingent, indirect and
disposition of the property in the custody of remote, conjectural, consequential or collateral.
the court [Virra Mall Tenants v. Virra Mall (2011)]

Metropolitan Bank v. Presiding Judge (1990): (b) When the title to the property if declared void by
Intervention is a proceeding in a suit/action by which final judgment, intervention will not revive or
a 3rd person is permitted by the court to make reinstate the movant’s title derived from the title
himself a party, either joining plaintiff in claiming declared void. [Firestone Ceramics v. CA (1999)]
what is sought by the complaint, or uniting with

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(c) The assignee of a property who assumed complaint, without the establishment of which
payment of whatever amount may be finally plaintiff could not recover.
adjudged against the assignor, may intervene in a
proceeding involving the execution of the PLEADINGS IN INTERVENTION [Rule 19, Sec. 3]
property pursuant to a judgment. [Robles v. Complaint-in-intervention – If intervenor asserts a
Timario (1962)] claim against either or all of the original parties.

(d) In an action for foreclosure of mortgage, the Answer-in-intervention – If intervenor unites with the
alleged owners of the land sought ot be defending party in resisting a claim against the
foreclosed may intervene. [Roxas v. Dinglasan latter.
(1969)]
Answer to complaint-in-intervention [Rule 19, Sec. 4]
Note: Notwithstanding the presence of a legal It must be filed within 15 days from notice of the
interest, permission to intervene is subject to the order admitting the complaint-in-intervention,
sound discretion of the court, the exercise of which is unless a different period is fixed by the court.
limited by considering "whether or not the
intervention will unduly delay or prejudice the
adjudication of the rights of the original parties and Intervention Interpleader
whether or not the intervenor’s rights may be fully
protected in a separate proceeding. [Virra Mall An ancillary action An original action
Tenants v. Virra Mall (2011)] Proper in any of the four Presupposes that the
situations mentioned in plaintiff has no interest
REQUISITES FOR INTERVENTION Rule 19 in the subject matter of
HOW INTERVENTION IS DONE the action or has an
By a motion to intervene, with the pleading-in- interest therein, which in
intervention attached. Must also serve copy of the whole or in part is not
pleading-in-intervention on the original parties. [Rule disputed by the other
19, Sec. 2] parties to the action
There is already a Defendants are being
General rule: Allowance of intervention is defendant among the sued precisely to
discretionary with the court. original parties to the implead them
pending suit
Exception: When the intervenor is an indispensable
party. TIME TO INTERVENE
Intervention is allowed any time before TC renders
FACTORS CONSIDERED IN ALLOWING INTERVENTION judgment. [Rule 19, Sec. 2]
(a) WON intervention will unduly delay or prejudice
the adjudication of the rights of the original REMEDY FOR THE DENIAL OF MOTION TO
parties. INTERVENE
REMEDIES
(b) WON the intervenor's rights may be fully (a) For denial of intervention:
protected in a separate proceeding. (1) Appeal.
(2) Mandamus, if there is GAD.
Carino v Ofilada (1993): The interest must be actual (b) For improper granting of intervention: Certiorari.
and material, direct and immediate; not simply
contingent or expectant.

It must be in the matter in litigation and of such


direct and immediate character that the intervenor Subpoena
will either gain or lose by the direct legal operation
and effect of the judgment. Subpoena is a process issued by court which is
either:
Magsaysay-Labrador v. CA (1989): Interest in the
subject means a direct interest in the cause of action TYPES (AND DEFINITION) OF SUBPOENA [Rule 21,
as pleaded and which would put the intervenor in a Sec. 1]
legal position to litigate a fact alleged in the (a) Subpoena duces tecum
(b) Subpoena ad testificandum

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(c) Exception: Tender not required if subpoena is


BY WHOM ISSUED [Rule 21, Sec. 2] issued by or on behalf of the Republic or an
(a) The court before whom the witness is required to officer/agency thereof.
attend; (d) For subpoena duces tecum, also tender the
(b) The court of the place where the deposition is to reasonable cost of producing the
be taken; books/documents/things demanded.
(c) The officer/body authorized by law to do so in (e) Service must be made so as to allow the witness
connection with investigations conducted by said reasonable time for preparation and travel to the
officer/body; place of attendance
(d) Any SC/CA Justice in any case or investigation
pending within the Philippines. COMPELLING ATTENDANCE OF WITNESSES;
CONTEMPT
FORM AND CONTENTS OF SUBPOENA [Rule 21, PERSONAL APPEARANCE IN COURT [Rule 21, Sec. 7]
Sec. 3] A person present in court before a judicial officer may
(a) Name of court; be required to testify as if he were in attendance
(b) Title of action/investigation; upon a subpoena issued by such court/officer.
(c) Directed to a person whose attendance is
required APPLICATION FOR SUBPOENA TO PRISONER [Rule 21, Sec.
(d) If subpoena duces tecum, a reasonable 2]
description of the books/documents/things (a) The judge/officer shall examine and study the
demanded which must appear to the court prima application carefully to determine WON it is
facie relevant. made for a valid purpose.
(b) However, no prisoner sentenced to death,
Subpoena for depositions [Rule 21, Sec. 5] reclusion perpetua or life imprisonment and who
(a) Proof of service of a notice to take a deposition is is confined in a penal institution shall be brought
sufficient authorization for the issuance of outside for appearance/attendance in any court
subpoena ad testificandum for the persons unless authorized by the SC.
named in the notice.
(b) Issued by the clerk of court of the place in which REMEDY IN CASE OF WITNESS’ FAILURE TO ATTEND
the deposition is to be taken. Upon proof of service of subpoena and of witness’
(c) However, subpoena duces tecum for depositions failure to attend, the court/judge issuing the
cannot be issued without court order. subpoena may issue a warrant to the sheriff to arrest
the witness and bring him before the court/officer
SUBPOENA DUCES TECUM where his attendance is required. [Rule 21, Sec. 8]
Process directed to a person, requiring him to bring
with him any books/documents/things under his The cost of warrant and seizure shall be paid by the
control. (Asked in the 1997 Bar Exam) witness if the court determines that the failure to
attend was willful and without just excuse.
SUBPOENA DUCES TECUM DISTINGUISHED FROM ORDER
FOR PRODUCTION OR INSPECTION Such failure shall be deemed a contempt of the court
See Annex B. which issued the subpoena. [Rule 21, Sec. 9]

SUBPOENA AD TESTIFICANDUM If subpoena was not issued by a court, the


Process directed to a person, requiring him to attend disobedience shall be punished by applicable law or
and to testify at the hearing/trial of an action or at ROC.
any investigation conducted by competent authority,
or for the taking of his deposition. Exception: Arrest warrant and contempt not
applicable to: [Rule 21, Sec. 10]
SERVICE OF SUBPOENA [Rule 21, Sec. 6] (a) A witness who resides more than 100km from his
(a) Same manner as personal or substituted service residence to the place where he is to testify.
of summons. (b) A detention prisoner, if there is no permission
(b) The original shall be exhibited and a copy from the court in which his case is pending.
delivered to person on whom it is served, with
tender of fees for one day’s attendance and QUASHING OF SUBPOENA [Rule 21, Sec. 4]
kilometrage. Upon motion promptly made, at/before the time
specified in the subpoena.

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GROUNDS FOR QUASHING: identity of any persons having knowledge of


Subpoena duces tecum: relevant facts. [Rule 23, sec. 2]
(1) It is unreasonable and oppressive;
(2) The relevancy of the books/documents/ things Uses of deposition pending action
does not appear; Dasmariñas Garments,Inc. v. Reyes (1993):
(3) The person in whose behalf the subpoena is
issued fails to advance the reasonable cost of General Rule: A deposition is not generally supposed
production; to be a substitute for the actual testimony in open
(4) Witness fees and kilometrage were not tendered court of a party or witness. If the witness is available
when subpoena was served. to testify, he should be presented in court to testify.
If available to testify, a party’s or witness’ deposition
Subpoena ad testificandum: is inadmissible in evidence for being hearsay.
(1) That the witness is not bound thereby;
(2) That witness fees and kilometrage were not Exception: [Rule 23, Section 4]
tendered when the subpoena was served. (a) Any deposition may be used by any party for the
purpose of contradicting or impeaching the
Modes of Discovery testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the
DEPOSITIONS PENDING ACTION; DEPOSITIONS time of taking the deposition was an officer,
BEFORE ACTION OR PENDING APPEAL [Rules 23 director, or managing agent of a public or private
and 24] corporation, partnership, or association which is a
party may be used by an adverse party for any
DEPOSITIONS UNDER RULE 23
purpose;
Meaning and purpose of deposition (c) The deposition of a witness, whether or not a
(a) Deposition is chiefly a mode of discovery, the party, may be used by any party for any purpose if
primary function of which is to supplement the the court finds:
pleadings for the purpose of disclosing the real (1) that the witness is dead; or
points of dispute between the parties and (2) that the witness resides at a distance more
affording an adequate factual basis during the than one hundred (100) kilometers from the
preparation for trial. place of trial or hearing, or is out of the
(b) The liberty of a party to avail of such modes of Philippines, unless it appears that his absence
discovery is unrestricted if the matters inquired was procured by the party offering the
into are relevant and not privileged, and the deposition; or
inquiry is made in good faith and within the (3) that the witness is unable to attend to testify
bounds of the law. because of age, sickness, infirmity, or
(c) Limitations would arise if the examination is imprisonment; or
conducted in bad faith; or in such a manner as to (4) that the party offering the deposition has been
annoy, embarrass or oppress the person under unable to procure the attendance of the
examination; or when the inquiry touches upon witness by subpoena; or
the irrelevant or encroaches upon the recognized (5) upon application and notice, that such
domains of privilege. exceptional circumstances exist as to make it
(d) Under certain conditions and for certain limited desirable, in the interest of justice and with
purposes, it may be taken even after trial has due regard to the importance of presenting
commenced and may be used without the the testimony of witnesses orally in open
deponent being actually called to the witness court, to allow the deposition to be used; and
stand. [Jonathan Landoil v Mangudadatu (2006)] (d) If only part of a deposition is offered in evidence
by a party, the adverse party may require him to
Scope of examination introduce all of it which is relevant to the part
Unless otherwise provided by the court, the introduced, and any party may introduce any
deponent may be examined regarding any matter other parts.
not privileged, which is relevant to the pending
action, whether relating to the claim or defense of Before whom taken
any party General Rule: Depositions may be taken before any
(a) including the existence, description, nature, judge, notary public, or the person referred to in
custody, condition and location of any books, section 14 (which refers to any person authorized to
documents, or other tangible things and the administer oaths designated by the parties by
stipulation).

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The attendance of the witnesses may be compelled


Exceptions: In our jurisdiction, depositions in foreign by the use of subpoenas. [Rule 23, Sec. 1]
countries may be taken:
(a) on notice before a secretary of embassy or
legation, consul general, consul, vice consul, or
consular agent of the Republic of the Philippines; The deponent may be examined or cross examined
(b) before such person or officer as may be appointed following the procedures for witnesses in a trial.
by commission or under letters rogatory; or He may be asked questions on direct, cross, re-
(c) before any person authorized to administer oaths direct or re-cross. He has the same rights as a
as stipulated in writing by the parties. witness and may be impeached like a court
witness because Sections 3 to 18 of Rule 132 apply
to deponent. [Rule 23, Sec. 3]
Commission Letters Rogatory

Addressed to whom
Any authority in a A judicial authority in the The officer before whom the deposition is being
foreign country foreign country taken has no authority to rule on objections
authorized therein to interposed during the course of the deposition
take down depositions although any objections shall be noted by him
Rules that govern the deposition upon the deposition. Any evidence that is objected
Rules laid down by the Rules laid down by such to shall still be taken but subject to the objection.
court issuing the foreign judicial authority [Rule 23, Sec. 17]
commission
When issued When may taking of deposition be terminated or its
Preferred over letters Generally resorted to scope limited
rogatory since the when there is difficulty or The court in which the action is pending or the RTC
process is simpler impossibility of obtaining of the place where the deposition is being taken may
(generally, no need to the deposition by order the officer conducting the examination to
resort to diplomatic commission (Regalado) cease from taking the deposition, or may limit the
channels unlike in scope and manner of taking the deposition
letters rogatory)
When: At any time during the taking of the
No deposition shall be taken before a person who is: deposition, on the motion or petition of any party or
[Rule 23, sec. 13] of the deponent
(a) a relative within the sixth degree of consanguinity
or affinity, or Ground: that the examination is being conducted in
(b) employee or counsel of any of the parties, or who bad faith or in such a manner as unreasonably to
is a relative within the same degree, or employee annoy, embarrass or oppress the deponent or party
of such counsel; or [Rule 23, Sec. 18]
(c) who is financially interested in the action.
If the order made terminates the examination, it
Procedure shall be resumed only upon the order of the court in
which the action is pending.
A party desiring to take the deposition of any
person upon oral examination shall give
When may objections to errors and irregularities be
reasonable notice in writing to every party to the
made [Rule 23, sec. 29]
action stating the time and place for taking the
deposition and the name and address of each
Objection When Made
person to be examined. [Rule 23, Sec. 15]
As to notice to Waived, unless written
parties objection is promptly served
After the notice is served, the court may make any upon party giving notice
order for the protection of the parties and the Deposition officer is Waived, unless made before
deponent. [Rule 23, Sec. 16] disqualified the taking of the deposition
or as soon as the
disqualification becomes
known or could be discovered

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Leave of court [Rule 23, Sec. 1]


Objection When Made (a) Leave of court is NOT required after an answer
has been served.
with reasonable certainty (b) It is required before the service of an answer but
Lack of relevance, NOT waived by failure to after jurisdiction has been acquired over the
materiality and make them before or during defendant or over the property subject of the
competence of the the taking of the deposition, action.
deposition to the unless the ground for the (c) Only instance when one always needs leave of court
action objection is one which might before taking depositions: Where the deponent is
have been obviated or in jail.
removed if presented at that
time WRITTEN INTERROGATORIES UNDER RULE 23
Error in the manner Waived, unless reasonable (a) A deposition need not be conducted through an
of taking the objection is made at the oral examination. It may be conducted through
deposition taking of the deposition written interrogatories which shall be served
Error in the form of Waived, unless served in upon every other party.
written writing upon the party (b) The party served may also serve cross-
interrogatories propounding them within the interrogatories upon the party proposing to take
time allowed for serving the deposition within 10 days from service of the
succeeding cross or other written interrogatories. The latter may, within 5
interrogatories and within 3 days serve re-direct interrogatories and within 3
days after service of the last days the other party may serve re-cross
interrogatories interrogatories [Rule 23, Sec. 25]
Error in the manner Waived, unless a motion to (c) Copies of all these interrogatories shall be
of preparing the suppress the deposition or delivered to the officer before whom the
deposition some part thereof is made deposition is taken and who shall take the
with reasonable promptness responses and prepare the record. [Rule 23, Sec.
after such defect is, or with 26]
reasonable diligence might
have been, ascertained People v. Hubert Webb (1999): DEPOSITION, WHEN
AVAILABLE IN CRIMINAL CASES: A deposition, in
Other rules keeping with its nature as a mode of discovery,
Effect of substitution of parties [Rule 23, Sec. 5] should be taken BEFORE AND NOT DURING TRIAL.
(a) Substitution of parties does not affect the right to
use depositions previously taken; In fact, rules on criminal practice - particularly on the
(b) and, when an action has been dismissed and defense of alibi, which is respondent’s main defense in
another action involving the same subject is the criminal proceedings against him in the court
afterward brought between the same parties or below - states that when a person intends to rely on
their representatives or successors in interest, such a defense, that person must move for the taking
(c) all depositions lawfully taken and duly filed in the of the deposition of his witnesses within the time
former action MAY BE USED IN THE LATTER AS provided for filing a pre-trial motion.
IF ORIGINALLY TAKEN THEREFOR.
The use of discovery procedure in criminal cases is
Effect of taking deposition [Rule 23, Sec. 7] directed to the sound discretion of the trial judge.
A party shall not be deemed to make a person his The deposition taking cannot be based nor can it be
own witness for any purpose by taking his deposition. denied on flimsy reasons. Discretion has to be
exercised in a reasonable manner and in consonance
Effect of using deposition [Rule 23, Sec. 8] with the spirit of the law.
General Rule: Introduction in evidence of deposition
or any part thereof for any purpose makes the Dasmariñas Garments v. Reyes (1993): Any deposition
deponent the witness of the party introducing the offered to prove the facts therein at the trial of the
deposition. case, in lieu of actual testimony of the deponent in
court, may be opposed and excluded for being
Exception: if the purpose is to contradict or impeach hearsay save in specific instances under the Rules.
the deponent.

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DEPOSITIONS BEFORE ACTION UNDER RULE 24


ORDER AND EXAMINATION: If the court is
Purpose
satisfied that the perpetuation of the testimony
To perpetuate the testimony of witnesses for
may prevent a failure or delay of justice, it shall
probable use in the event of further proceedings in
make an order designating or describing the
said court.
persons whose deposition may be taken and
specifying the subject matter of the examination
Procedure
and whether the depositions shall be taken upon
oral examination or written interrogatories.
FILE A VERIFIED PETITION IN THE COURT OF
THE PLACE OF THE RESIDENCE OF ANY
EXPECTED ADVERSE PARTY. Note: Procedure for taking deposition by oral
examination or written interrogatories will be
The petition shall be entitled in the name of the governed by Rule 23 on depositions de bene esse.
petitioner and shall show:
(a) that the petitioner expects to be a party to DEPOSITIONS PENDING APPEAL UNDER RULE 24
an action in a court of the Philippines but is J. Regalado believes that the following procedure is
presently unable to bring it or cause it to be applicable to civil and criminal cases.
brought;
(b) the subject matter of the expected action Procedure:
and his interest therein;
DURING THE PENDENCY OF AN APPEAL, the
(c) the facts which he desires to establish by
court in which the judgment was rendered may
the proposed testimony and his reasons for
allow the taking of depositions of witnesses to
desiring to perpetuate it;
perpetuate their testimony in the event of further
(d) the names or a description of the persons he
proceedings in the said court.
expects will be adverse parties and their
addresses so far as known; and
(e) the names and addresses of the persons to
be examined and the substance of the
testimony which he expects to elicit from The party who desires to perpetuate the testimony
each, and shall ask for an order authorizing may make a motion in the said court for leave to
the petitioner to take the depositions of the take the depositions, upon the same notice and
persons to be examined named in the service thereof as if the action was pending
petition for the purpose of perpetuating therein. The motion shall state:
their testimony. (a) the names and addresses of the persons to be
examined and the substance of the testimony
which he expects to elicit from each, and
(b) the reason for perpetuating their testimony.

NOTICE AND SERVICE to each person named in


the petition as an expected adverse party, together
with a copy of the petition, stating that the ORDER ALLOWING THE DEPOSITION: If the court
petitioner will apply to the court, at a time and finds that the perpetuation of the testimony is
place named therein, for the order described in the proper to avoid a failure or delay of justice, it may
petition. make an order allowing the deposition to be taken.

WRITTEN INTERROGATORIES TO ADVERSE


At least twenty (20) days before the date of the PARTIES [Rule 25]
hearing, the court shall cause notice thereof to be
served on the parties and prospective deponents in PURPOSE
the manner provided for service of summons. This mode of discovery is availed of by the party to
the action for the purpose of eliciting material and
relevant facts from any of the adverse party. [Rule
25, Sec. 1]

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PROCEDURE FAILURE TO FILE WRITTEN INTERROGATORIES


(a) By leave of court after jurisdiction has been A party not served with written interrogatories may
obtained over any defendant or over property not be compelled by the adverse party to give
which is the subject of the action, or testimony in open court, or to give a deposition
(b) Without such leave after an answer has been pending appeal, UNLESS allowed by the court for
served, any party desiring to elicit material and good cause shown and to prevent failure of justice.
relevant facts from any adverse parties shall file
and serve upon the latter written interrogatories CONSEQUENCES OF REFUSAL TO ANSWER
to be answered by the party served, or if the party (a) The party serving the interrogatories may apply to
served is a public or private corporation or a the court for an order to compel an answer.
partnership or association, by any officer thereof (b) If court also finds that the refusal to answer was
competent to testify in its behalf. without substantial justification, it may require
the refusing party or deponent or the counsel
Note: Interrogatories under RULE 25 are served advising the refusal, or both of them, TO PAY THE
directly upon the adverse party unlike written PROPONENT THE AMOUNT OF THE
interrogatories under RULE 23 which are delivered to REASONABLE EXPENSES INCURRED IN
the officer before whom the deposition is to be taken. OBTAINING THE ORDER, INCLUDING
ATTORNEY'S FEES [Rule 29, Sec. 1].
ANSWER (c) Refusal to comply with an order of the court to
(a) The interrogatories shall be ANSWERED FULLY compel an answer may be considered
IN WRITING and shall be SIGNED AND SWORN CONTEMPT of that court [Rule 29, Sec. 2]
TO BY THE PERSON MAKING THEM. (d) The subject of discovery shall be DEEMED
(b) The party upon whom the interrogatories have ADMITTED OR ESTABLISHED [Rule 29 Sec. 3(a)].
been served shall file and serve a copy of the (e) The disobedient party shall be prohibited from
answers on the party submitting the introducing CONTRADICTORY EVIDENCE [Rule
interrogatories within fifteen (15) days after 29, Sec. 3(b)]
service thereof unless the court on motion and for (f) STRIKING OUT OF PLEADINGS OR PARTS
good cause shown, extends or shortens the time. THEREOF [Rule 29, Sec. 3(c)]
[Rule 25, Sec. 2] (g) STAYING FURTHER PROCEEDINGS UNTIL THE
ORDER IS OBEYED [Rule 29, Sec. 3(c)]
EFFECT OF OBJECTIONS TO INTERROGATORIES (h) DISMISSING THE ACTION OR PROCEEDING OR
When objections to any interrogatories is presented ANY PART THEREOF [Rule 29, Sec. 3(c)]
to the court within 10 days after service thereof, with (i) RENDERING A JUDGMENT BY DEFAULT
notice as in case of a motion, the answer shall be AGAINST THE DISOBEDIENT PARTY; AND [Rule
deferred until the objections are resolved [Rule 25, 29, Sec. 3(c)]
Sec. 3] (j) In lieu of any of the foregoing orders or in addition
thereto, an order directing the arrest of any party
NUMBER OF INTERROGATORIES or agent of a party for disobeying any of such
No party may, without leave of court, serve more orders [Rule 29, Sec. 3(c)]
than one set of interrogatories to be answered by the
same party. [Rule 23, Sec. 4] REQUEST FOR ADMISSION [Rule 26]
PURPOSE
SCOPE OF INTERROGATORIES (a) To allow one party to request the adverse in
Any matter writing to admit certain material and relevant
(a) not privileged, and matters which most likely will not be disputed
(b) relevant to the subject of the pending action, during the trial.
whether relating to the claim or defense of any (b) To avoid unnecessary inconvenience to the
other party, including the existence, description, parties in going through the rigors of proof,
nature, custody, condition, and location of any before the trial, a party may request the other to:
books, documents, or other tangible things and (1) admit the genuineness of any material and
the identity and location of persons having relevant document described in and exhibited
knowledge of relevant facts. with the request; or
(2) admit the truth of any material and relevant
USE OF INTERROGATORIES matter of fact set forth in the request [Rule 26,
Same as Rule 23, Sec. 4 mutatis mutandis. Sec. 1]

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WHEN MAY REQUEST BE MADE (a) good cause shown and


At any time after issues have been joined. (b) to prevent a failure of justice,
a party who fails to file and serve a request for
Duque v. CA (2002): The request for admission MUST admission on the adverse party of material and
BE SERVED ON THE PARTY and NOT ON THE relevant facts at issue which ARE, OR OUGHT TO BE,
COUNSEL. This is an exception to the general rule WITHIN THE PERSONAL KNOWLEDGE OF THE
that notices shall be served upon counsel and not LATTER [Rule 26, Sec. 5]
upon the party.
PRODUCTION OR INSPECTION OF DOCUMENTS
IMPLIED ADMISSION BY ADVERSE PARTY
OR THINGS [Rule 27]
EACH OF THE MATTERS OF WHICH AN ADMISSION
PROCEDURE
IS REQUESTED SHALL BE DEEMED ADMITTED
unless, A motion must be filed by the party seeking the
(a) within a period designated in the request, which production or inspection of documents and things
shall not be less than 15 days after service and the motion must show good cause supporting
thereof, or within such further time as the court the same. [Rule 27, Sec. 1]
may allow on motion,
(b) the party to whom the request is directed files
and serves upon the party requesting the
admission a SWORN STATEMENT either The court in which the action is pending shall issue
(1) denying specifically the matters of which an an order:
admission is requested, or (a) which shall specify the time, place and manner
(2) setting forth in detail the reasons why he of making the inspection and taking copies and
cannot truthfully either admit or deny those photographs, and
matters. (b) which may prescribe such terms and conditions
as are just. [Rule 27, Sec. 1]
DEFERMENT OF COMPLIANCE
To avoid the implied admission, the party requested
WHAT THE COURT MAY ORDER
may have the compliance of the filing and service of
(a) To PRODUCE and PERMIT THE INSPECTION and
the sworn statement be deferred by filing with court
copying or photographing, by or on behalf of the
objections to the request for admission.
moving party, of any documents, papers, books,
accounts, letters, photographs, objects or
Compliance shall be deferred until such objections
tangible things, not privileged, which constitute or
are resolved by the court. [Rule 26, Sec. 2 par. 2]
contain evidence material to any matter involved
in the action and which are in the possession,
EFFECT OF ADMISSION
custody or control of the party to whom the order
Any admission made by a party pursuant to such
is addressed.
request is for the purpose of the pending action only
(b) To PERMIT ENTRY upon designated land or other
and shall not constitute an admission by him for any
property in the position or control of the party to
other purpose nor may the same be used against
whom the order is addressed for the purpose of
him in any other proceeding. [Rule 26, Sec. 3]
inspecting, measuring, surveying, or
photographing the property or any designated
WITHDRAWAL
relevant object or operation thereon. [Rule 27,
The court may allow the party making an admission,
Sec. 1]
whether express or implied under the Rule to
withdraw or amend it upon such terms as may be
Note: This mode of discovery does not mean that the
just.
person who is required to produce the document or
the thing will be deprived of its possession even
The admitting party must file a motion to be relieved
temporarily. It is enough that the requesting party be
of the effects of his admissions.
given the opportunity to inspect or copy or
photograph the document or take a look at the
EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR
thing. (Regalado) (Asked in the 2002 Bar Exam)
ADMISSION
General rule: The party who fails to file a request shall
not be permitted to present evidence on such facts.

Exception: Unless otherwise allowed by the court for:

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PHYSICAL AND MENTAL EXAMINATION OF CONSEQUENCES OF REFUSAL TO COMPLY WITH


PERSONS [Rule 28] MODES OF DISCOVERY
See Annex C.
MOTION REQUESTING EXAMINATION
Requisites
(a) The physical or mental condition of a party (NOT
A WITNESS!) is in controversy
(b) Motion must be filed showing good cause Trial
(c) Notice given to the party to be examined and to
all other parties TRIAL, DEFINED
(d) Notice must specify the time, place, manner, A trial is the judicial process of investigating and
conditions and scope of examination determining the legal controversies, starting with the
(e) Notice must also specify person/s who will make production of evidence by the plaintiff and ending
the examination with his closing arguments [Acosta v. People (1962)].

COURT TO ISSUE THE ORDER FOR EXAMINATION IN ITS A hearing is a broader term. It is not confined to the
DISCRETION. trial and presentation of the evidence because it
actually embraces several stages in the litigation. It
REPORT OF FINDINGS includes the pre-trial and the determination of
(a) If requested by the party examined, the party granting or denying a motion. [Trocio v. Labayo
causing the examination to be made shall deliver (1973)]
to him a copy of a detailed written report of the
examining physician setting out his findings and NOTICE OF TRIAL [Rule 30, Sec. 1]
conclusions. Upon entry of a case in the trial calendar, the clerk
(b) After such request and delivery, the party causing shall notify parties the date of its trial, ensuring
the examination to be made shall be entitled receipt of the notice at least 5 days before the trial
upon request to receive from the party examined date.
a like report of any examination, previously or
thereafter made, of the same mental or physical ADJOURNMENTS AND POSTPONEMENTS [Rule
condition. 30, Sec. 2]
(c) If the party examined refuses to deliver such General rule: The court may adjourn a trial from day
report, the court on motion and notice may make to day to any stated time, as the expeditious and
an order requiring delivery on such terms as are convenient transaction of business may require.
just
(d) If it is the physician who fails or refuses to make Exception: Court may not adjourn for longer than 1
such a report the court may exclude his testimony month for each adjournment, nor more than 3
if offered at the trial. [Rule 28, Sec. 3] months in all.

WAIVER OR PRIVILEGE Exception to exception: When authorized in writing by


By requesting and obtaining a report of the the SC Court Administrator.
examination so ordered or by taking the deposition
of the examiner, the party examined waives any Note: Postponement is not a matter of right. It is
privilege he may have in that action or any other addressed to the sound discretion of the court.
involving the same controversy, regarding the [Riano, citing Garces v Valenzuela (1989)]
testimony of every other person who has examined
or may thereafter examine him in respect of the REQUISITES OF MOTION TO POSTPONE TRIAL
same mental or physical examination. (a) for absence of evidence
(b) for illness of party or counsel
PHYSICIAN-PATIENT PRIVILEGE
(a) Inapplicable because the results of the Ground for
examination are intended to be made public. postponement Requisite for motion to postpone
(b) Such examination is not necessary to treat or cure of trial
the patient but to assess the extent of injury or to
evaluate his physic al or mental condition.

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Ground for 3rd-party defendant (if any) shall adduce evidence


postponement Requisite for motion to postpone of his defense, counterclaim, cross-claim and 4th-
of trial party complaint;
For absence of Affidavit showing:
evidence [Rule (a) The materiality/relevancy of
30, Sec. 3] such evidence;
(b) That due diligence has been 4th-party (and so forth) shall adduce evidence of
used to procure the evidence the material facts pleaded by them;

But if the adverse party admits


the facts to be given in evidence, Parties whom any counterclaim or cross-claim has
trial shall not be postponed even been pleaded, shall adduce evidence in support of
if he objects or reserves the right their defense, in the order prescribed by the court.
to object to their admissibility.
For illness of Affidavit or sworn certification:
party/counsel (a) That the presence of such Parties may respectively adduce rebutting
[Rule 30, Sec. 4] party/counsel at the trial is evidence only.
indispensable;
(b) That the character of his Exception: When the court permits them to adduce
illness is such as to render his evidence upon their original case, for good reasons
non-attendance excusable. and in furtherance of justice.

SUBPOENA
See separate part for Subpoena BUT please take note Upon admission of evidence, the case shall be
that Subpoenas are issued within the context of a Trial deemed submitted for decision, unless the court
and taking depositions under Modes of Discovery. directs the parties to argue or to submit their
respective memoranda or any further pleadings.
AGREED STATEMENT OF FACTS [Rule 30, Sec. 6]
(a) Parties may agree in writing upon the facts
involved in the litigation, and submit the case for If several defendants or 3rd-party defendants having
judgment without introduction of evidence. separate defenses appear by different counsel, the
(b) If the parties agree to only some of the facts in court shall determine the relative order of
issue, trial shall be held as to the disputed facts in presentation of their evidence.
such order as the court shall prescribe.
CONSOLIDATION OR SEVERANCE OF HEARING
ORDER OF TRIAL; REVERSAL OF ORDER OR TRIAL
CONDUCT OF TRIAL [Rule 30, Sec. 5] CONSOLIDATION OF TRIAL [Rule 31, Sec. 1]
General rule: Trial shall be limited to the issues stated When actions involving common question of law/fact
in the pre-trial order. are pending before the court, it may:
(a) Order a joint hearing/trial of any/all the matters
Exception: in issue in the actions;
(a) Provisions on separate trials in Rule 31, Sec. 2 (b) Order all the actions consolidated;
(b) When for special reasons the court directs (c) Make such orders concerning the proceedings as
otherwise. to avoid unnecessary costs or delay.

GENERAL ORDER OF TRIAL Where a case has been partially tried before one
Plaintiff shall adduce evidence in support of his judge, the consolidation of the same with another
claim; related case pending before another judge who had
no opportunity to observe the demeanor of the
witness during trial makes the consolidation not
mandatory. [PCGG v. Sandiganbayan (1992)]
Defendant shall adduce evidence in support of his
defense, counterclaim, cross-claim and 3rd-party SEVERANCE OF TRIAL [Rule 31, Sec. 2]
complaint; The court may issue separate trials for convenience
or to avoid prejudice:
(a) Of any claim, cross-claim, counterclaim or 3rd-
party complaint;

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(b) Of any separate issue; MEETING: The commissioner shall set a time/place
(c) Of any number of claims, cross-claims, for the first meeting and shall notify
counterclaims, 3rd-party complaints or issues. parties/counsels.

STATEMENT OF JUDGE [Rule 30, Sec. 7] REPORT: Upon completion of the trial/hearing, the
During the hearing/trial of the case, any statement commissioner shall file a written report with the
made by the judge shall be made of record in the court.
TSN if made with reference to the
case/parties/witnesses/ counsels. NOTICE: The clerk shall notify parties of the filing of
the report. The parties have 10 days to object to the
SUSPENSION OF ACTIONS [Rule 30, Sec. 8] report’s findings.
Governed by the CC provisions
HEARING: After the 10 days, the report shall be set
for hearing. The court may issue an order
DELEGATION OF RECEPTION OF EVIDENCE [Rule adopting/modifying/rejecting the report or part of it.
30, Sec. 9]
When parties stipulate that the Commissioner's
General rule: The judge of the court where the case is findings of fact are final, only questions of law shall
pending shall personally receive the evidence to be thereafter be considered.
adduced by the parties.
POWERS OF THE COMMISSIONER [Rule 32, Sec. 3]
Exception: The court may delegate the reception of When a reference is made, the clerk shall forthwith
evidence to its clerk of court who is a member of the furnish the commissioner with a copy of the order of
bar in: reference. The order may:
(a) Default hearings; (a) Specify/limit the commissioner’s power
(b) Ex parte hearings; (b) Direct him to report only upon particular issues,
(c) Cases where parties agree in writing. to do/perform particular acts, or direct him to
receive and report evidence only
However, the clerk of court has no power to rule on (c) May fix the date for beginning and closing the
objections to any question/admission of exhibits. hearings and for the filing of his report.

Objections shall be resolved by the court upon Powers of the Commissioner:


submission of the clerk’s report and TSN within 10 (a) Regulate the proceedings in every hearing before
days from termination of the hearing. him [subject to other specifications & limitations
in the order]
TRIAL BY COMMISSIONERS (b) Power to do all acts and take all measures
COMMISSIONER – Includes a referee, an auditor or necessary or proper for the efficient performance
an examiner. [Rule 32, Sec. 1] of his duties under the order [subject to other
specifications & limitations in the order]
KINDS OF TRIAL BY COMMISSIONER [Rule 32, Secs. 1 & 2] (c) He may issue subpoenas and subpoenas duces
(a) Reference by consent of both parties. tecum, swear witnesses.
(b) Reference ordered on motion when: (d) He may rule upon the admissibility of evidence,
(1) Trial of an issue of fact requires the unless otherwise provided in the order of
examination of a long account on either side reference.
(2) Taking of an account is necessary for the
court’s information before judgment, or for The trial or hearing before him shall proceed in all
carrying judgment/order into effect. respects as it would if held before the court.
(3) A question of fact, other than upon the
pleadings, arises in any stage of a case or for COMMISSIONER’S REPORT; NOTICE TO PARTIES AND
carrying a judgment/order into effect. HEARING ON THE REPORT
Report of commissioner [Rule 32, Sec. 9]
REFERENCE BY CONSENT OR ORDERED ON MOTION Upon the completion of the trial or hearing or
Order of reference [Rule 32, Sec. 2 to 12] proceeding before the commissioner, he shall file
ORDER OF REFERENCE: When a reference is made, with the court his report in writing upon the matters
the clerk shall furnish the commissioner with a copy submitted to him by the order of reference.
of the order of reference.

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When his powers are not specified or limited, he shall


set forth his findings of fact and conclusions of law in Grant of demurrer Denial of demurrer
his report.
The case shall be The defendant shall have
He shall attach thereto all exhibits, affidavits, dismissed the right to present
depositions, papers and the transcript, if any, of the evidence
testimonial evidence presented before him.
The court should set the
Notice to parties of the filing of report [Rule 32, Sec. date for the reception of
10] the defendant’s
Upon the filing of the report, the parties shall be evidence-in-chief
notified by the clerk, and they shall be allowed 10 [Northwest Airlines v. CA
days within which to signify grounds of objections to (1998)]
the findings of the report, if they so desire. Plaintiff's remedy would xxx
be to appeal.
Objections to the report based upon grounds which
were available to the parties during the proceedings However, if the order
before the commissioner, other than objections to granting the demurrer is
the findings and conclusions therein, set forth, shall reversed on appeal, the
not be considered by the court unless they were defendant loses his right
made before the commissioner. to present evidence.
[Rule 33, Sec 1; Republic
Hearing on the report [Rule 32, Sec. 11] v. Tuvera (2007)]
Upon the expiration of the 10-day period in Rule 32,
Sec. 10, the report shall be set for HEARING. The appellate court
should render judgment
After which the court shall issue an ORDER: on the basis of the
(a) Adopting (in whole or in part), evidence submitted by
(b) Modifying (in whole or in part) the plaintiff.
(c) Rejecting the report (in whole or in part), [Radiowealth Finance v.
(d) Recommitting the report with instructions, or Del Rosario (2000)]
(e) Requiring the parties to present further evidence Equivalent to judgment An interlocutory order
before the commissioner or the court. (i.e. based on the merits and not appealable.
of the evidence However, it may be the
presented so far) subject of a petition for
certiorari for GAD under
Demurrer to Evidence Rule 65 [Katigbak v.
Sandiganbayan (2003)]
GROUND
DEFINITION: A species of MTD that may be invoked MTD Demurrer
based on insufficiency of evidence (i.e. upon the facts
and the law the plaintiff has shown no right to relief). When to File
[Rule 33, Sec. 1]
Before the service and After the plaintiff rests
filing of the answer his case
It is invoked after the plaintiff has presented all the
Ground
evidence available to him.
Those enumerated in Only ground: The
Rule 16 plaintiff has shown no
EFFECT OF DENIAL; EFFECT OF GRANT
right to relief (i.e.
evidence is insufficient)
Grant of demurrer Denial of demurrer
Effect
If a MTD is granted,
the complaint is
likewise dismissed.
But, depending on the
ground, the complaint
may be re-filed

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(c) Parties must have been given an opportunity to


MTD Demurrer adduce evidence in their behalf;
(d) Evidence must have been considered by the
tribunal in deciding the case; [Acosta v. COMELEC
If the MTD is denied, (1998)]
the defendant shall file (e) Judgment must be in writing, personally and
his responsive directly prepared by the judge;
pleading (f) Note: A verbal judgment is, under the law,
ineffective. [Corpus v. Sandiganbayan (2004)]
WAIVER OF RIGHT TO PRESENT EVIDENCE (g) Judgment must state clearly the facts and the
If the order granting the demurrer is reversed on law upon which the decision is based, signed by
appeal, the defendant loses his right to present the judge and filed with the clerk of court. [Rule
evidence. [Rule 33, Sec .1; Republic v. Tuvera (2007)] 35, Sec. 1]

DEMURRER TO EVIDENCE IN A CIVIL CASE V. A decision need not be a complete recital of the
DEMURRER TO EVIDENCE IN A CRIMINAL CASE evidence presented. So long as the factual and legal
bases are distinctly and clearly set forth, the
DIFFERENCES BETWEEN DEMURRER IN CIVIL AND judgment is valid. [People v. Baring (2002)]
CRIMINAL CASES (Asked in the 2003 and 2007 Bar
Exams) KINDS OF JUDGMENT
Demurrer in civil cases Demurrer in criminal (1) JUDGMENT UPON COMPROMISE - It is one
cases conferred on the basis of a compromise
Defendant need not ask May be filed with or agreement entered into between the parties. It is
for leave of court without leave of court. immediately executory in the absence of a motion
to set aside on the ground of FAME.
Note: Leave of court is
necessary so that the (2) JUDGMENT UPON CONFESSION - It is one
accused can present his rendered by the court when a party expressly
evidence in case the agrees to the other party’s claim or acknowledges
demurrer is denied [Rule the validity of the claim against him.
119, Sec. 23]
If the demurrer is The order of dismissal is
granted, the order of not appealable because Judgment upon Judgment by confession
dismissal is appealable it will constitute double compromise
jeopardy
If a demurrer is denied, The accused may adduce The provisions and terms An affirmative and
the defendant may his evidence only if the are settled by the parties voluntary act of the
proceed to present his demurrer is field with to the action. The defendant himself. The
evidence leave of court judgment is entered in court exercises a certain
the record by consent of amount of supervision
the court. over the entry of
Judgments and Final Orders judgment.

Kinds of judgment by confession:


JUDGMENT (a) JUDGMENT BY COGNOVIT ACTIONEM – After
The final ruling by a court of competent jurisdiction service, the defendant, instead of entering a plea,
regarding the rights and obligations of the parties or acknowledged and confessed that the plaintiff’s
other matters submitted to it in an cause of action was just and rightful.
action/proceeding [Macahilig v. Heirs of Magalit (b) JUDGMENT BY CONFESSION RELICTA
(2000)] VERIFICATIONE – After pleading and before trial,
the defendant both: (a) confessed the plaintiff’s
REQUISITES OF A VALID JUDGMENT [Rule 36, Sec. 1; Art. cause of action and (b) withdrew his plea or other
8, Sec. 14, 1987 Constitution] [AJOEWS] allegations, whereupon judgment was entered
(a) Court/tribunal must be with authority to hear and against him without proceeding to trial.
determine the matter before it;
(b) Court must have jurisdiction over the parties and Remedy against judgment by consent, confession
the subject matter; or compromise is to first file a motion to set it

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aside; if denied, file the appropriate petition may stay its enforcement until rendition of
under Rule 65. subsequent judgments, and may prescribe
conditions to secure the judgment’s benefits.
(3) JUDGMENT UPON THE MERITS - It is one that is
rendered after consideration of the evidence Judgment may be given for/against one or more
submitted by the parties during the trial of the of several plaintiffs/defendants. The court may
case. A judgment is “on the merits” when it require the parties on each side to file adversary
amounts to a legal declaration of the respective pleadings as between themselves. [Rule 36, Sec.
rights and duties of the parties, based upon the 3]
disclosed facts
If judgment is rendered against 2 or more
(4) CLARIFICATORY JUDGMENT - It is rendered to persons sued as an entity without juridical
clarify an ambiguous judgment or one difficult personality, the judgment shall set out their
to comply with. individual names (if known). [Rule 36, Sec. 6]

(5) JUDGMENT NUNC PRO TUNC - Literally, “now (10) PROMULGATION - The process by which a
for then”. It is a judgment intended to enter into decision is published, officially announced,
the record the acts which had already been made known to the public or delivered to the
done, but which do not appear in the records. clerk of court for filing, coupled with notice to
[Lichauco v. Tan Pho (1923)] the parties or their counsel.

(6) JUDGMENT SIN PERJUICIO - It may refer to a (11) MEMORANDUM DECISION - A decision of the
dismissal of a case without prejudice to it being appellate court which adopts the findings and
re-filed. conclusions of the TC.
(a) A judgment is considered rendered upon the
(7) CONDITIONAL JUDGMENT - It is one the filing of the signed decision.
effectivity of which depends upon the occurrence (b) This includes an amended decision because
or non-occurrence of an event. Such a judgment an amended decision is a distinct and
is generally void because of the absence of a separate judgment and must follow the
disposition [Cu-Unjieng v. Mabalacat Sugar Co. established procedural rule.
(1940)]
JUDGMENT WITHOUT TRIAL
(8) SEVERAL JUDGMENT - It is one rendered by a WHEN TRIAL IS NOT NECESSARY – PSADSA (Asked in the
court against one or more defendants and not 1996 Bar Exams) [Riano]
against all of them, leaving the action to (a) The pleadings of the parties tender no issue at all
proceed against the others. [Rule 36, Sec. 4] It is – judgment on the pleadings may be directed by
proper when the liability of each party is clearly the court [Rule 34]
separate and distinct from his co-parties such (b) There is actually no genuine issue from the
that the claims against each of them could have pleadings, affidavits, depositions and other
been the subject of separate suits, and the papers – court may render a summary judgment
judgment for or against one of them will not [Rule 35]
necessarily affect the other. (c) Parties entered into a compromise or an amicable
settlement either during the pre-trial or during
(9) SEPARATE JUDGMENT - It is one rendered the trial [Rule 18; Art. 2028 Civil Code]
disposing of a claim among several others (d) Complaint has been dismissed with prejudice
presented in a case, after a determination of the [Rule 16, Sec. 5; Rule 17, Sec. 3; Rule 7, Sec. 5 (last
issues material to a particular claim and all par.)]
counterclaims arising out of the transaction or (e) Case falls under the Rules on Summary
occurrence that is the subject matter of said Procedure
claim. [Rule 36, Sec. 5] It is proper when more (f) Agreed statement of facts [Rule 30, Sec. 6]
than one claim for relief is presented in an action
for the determination as to the issues material to CONTENTS OF A JUDGMENT
the claim has been made. PARTS OF A JUDGMENT
(a) Body, Ratio decidendi, or Opinion of the court – It
The judgment shall terminate the action with contains the findings of facts and conclusions of
respect to the claims disposed of, and shall law;
proceed as to the remaining claims. The court

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(b) Fallo, or Disposition of the case – It is the (b) Admits the material allegations of the adverse
dispositive part of the judgment that actually party’s pleading.
settles and declares the rights and obligations of
the parties, finally, definitively, and authoritatively CANNOT BE RENDERED MOTU PROPRIO
[Light Rail Transit Authority v. CA] (2004); The A judgment on the pleadings can be done only upon
part of the judgment that is subject to execution MOTION to that effect filed by the appropriate party.
[Riano] It cannot be rendered by the court motu proprio.
(c) Signature of the judge.
Exception: If at pre-trial the court finds that a
DISTINCTION BETWEEN JUDGMENT AND OPINION OF THE judgment on the pleadings is proper, it may render
COURT (ASKED IN THE 2006 BAR EXAM) such judgment motu proprio. [Rule 18, Sec. 2(g)]
(a) A judgment (or FALLO) must be distinguished
from an opinion. WHEN JUDGMENT ON THE PLEADINGS WILL NOT APPLY
(b) The latter is the informal expression of the views (a) Declaration of nullity of marriage;
of the court and cannot prevail against its final (b) Annulment of marriage;
order or decision. (c) Legal separation.
(c) While the two may be combined in one
instrument, the opinion forms no part of the Effect: judgment on the pleadings will not lie and
judgment. material facts alleged in the complaint must always
(d) So there is a distinction between the findings and be proved
conclusions of a court and its judgment.
(e) While they may constitute its decision and EFFECTS
amount to a rendition of a judgment they are not (a) By moving for judgment on the pleadings, the
the judgment itself. plaintiff waives his claim for unliquidated
(f) They amount to nothing more than an order for damages (because claims for such damages
judgment, which, of course, must be must be alleged and proved).
distinguished from the judgment. [Freeman on (b) One who prays for the judgment on the pleadings
Judgments, Vol. I, 5th Edition, page 6, quoted in without offering proof as to the truth of his own
Casilan v. Salcedo (1969)] allegations and without giving the opposing party
an opportunity to introduce evidence must be
CONFLICT BETWEEN THE DISPOSITIVE PORTION AND BODY understood to admit all material and relevant
OF THE DECISION allegations of the opposing party and to rest his
Rule: Where there is a conflict between the fallo and motion for judgment upon those allegations
the body of the decision, the fallo controls. taken together with such of his own as are
admitted in the pleadings. [Falcasantos v. How
Qualification: This rule applies only when the Suy Ching (1952)]
dispositive part is definite, clear, and unequivocal
[Union Bank v. Pacific Equipment Corporation (2008)] SUMMARY JUDGMENTS [Rule 35] (Asked in the
1986, 1989, 1996 and 1999 Bar Exams)
Basis: The fallo is the final order. The opinion in the
body is merely a statement ordering nothing [Poland DEFINITION, NATURE
Industrial Limited v. National Development Company A judgment granted by the court for the prompt
(2005)] disposition of civil actions, if it clearly appears (after
the issues had been joined and on the basis of the
JUDGMENT ON THE PLEADINGS [Rule 34] (Asked pleadings and papers filed) that there exists no
in the 1999 and 2005 Bar Exams) genuine issue/controversy as to any material fact,
except as to the amount of damages. [Ley
GROUNDS: Construction v. Union Bank (2000); Agbada v Inter-
If the answer either Urban Developers (2002); Raboca v. Velez (2000)]
(a) Fails to tender an issue;
Note: An answer fails to tender an issue due to Also called accelerated judgment.
either:
(1) General denial of the material allegations of GENUINE ISSUE
the complaint; (a) An issue of fact which calls for the presentation of
(2) Insufficient denial of the material allegations evidence; as distinguished from an issue which is
of the compliant. sham, fictitious, contrived and patently

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insubstantial so as not to constitute a genuine (d) Answers to interrogatories. (Rule 25)


issue for trial.
(b) When the facts as pleaded appear uncontested or WHEN THE CASE NOT FULLY ADJUDICATED
undisputed, then there is no real/genuine issue Partial summary judgment (Asked in the 2004 Bar
as to the facts. Exam)
(c) The TC cannot motu propio issue a summary Applies when for some reason there can be no full
judgment. A party must move for summary summary judgment. Trial should deal only with the
judgment. [Riano] facts not yet specified or established.

PROCEDURE [Rule 35, Sec. 3] Duty of Court [Rule 35, Sec. 4]


Movant files a motion for summary judgment with (a) Ascertain what material facts exist without
supporting affidavits, depositions or admission substantial controversy and what are actually and
in good faith controverted based on:
(1) An examination of the pleadings and evidence
before it
Service to the adverse party at least 10 days the
(2) Interrogation of the counsel
hearing
(b) Make an order specifying the facts and the extent
of the amount of damages that appear without
substantial controversy
Adverse party may serve opposing affidavits, (c) Direct further proceedings as are just
depositions or admissions at least 3 days before the (d) Conduct trial on the controverted facts
hearing accordingly

Effect
A partial summary judgment is not a final judgment,
Hearing – Court shall determine if a genuine issue but merely a pre-trial adjudication that said issues in
as to any material fact exists and if the movant is the case shall be deemed established for the trial of
entitled to a summary judgment as a matter of law the case. [Guevarra v. CA (1983)]

AFFIDAVITS AND ATTACHMENTS


Judgment Form of affidavits and supporting papers [Rule 35,
Sec. 5]
(a) Made on personal knowledge
FOR THE CLAIMANT [Rule 35, Sec. 1] (b) Shall set forth such facts as would be admissible
in evidence
FOR THE DEFENDANT [Rule 35, Sec. 2] (c) Shall show affirmatively that the affiant is
competent to testify to the matters stated
therein.
Who may file the When
motion Attachments [Rule 35, Sec. 5]
Certified true copies of all papers or parts thereof
Claimant May file the motion only after referred to in the affidavit shall be attached thereto
the answer has been served OR served therewith.
Defendant May file the motion any time
Affidavits in bad faith [Rule 35, Sec. 5]
Filing of a motion for summary judgment does not Definition – Affidavits presented under this Rule
interrupt the running of the period for filing an which appear to the court at any time as presented in
answer. Hence, the movant must also file a Motion bad faith or solely for the purpose of delay
for Extension of Time to File Answer.
Effects:
Bases of summary judgment: When, upon the (a) Court shall order the offending party or counsel
following, no genuine issue as to any material fact to pay the other party – amount of reasonable
exists: expenses which the filing of the affidavits caused
(a) Affidavits made on personal knowledge; him to incur, including attorney’s fees
(b) Depositions of the adverse or a 3rd party; (Rule (b) Court may adjudge the offending party or counsel
23) guilty of contempt, after hearing
(c) Admissions of the adverse party; (Rule 26)

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JUDGMENT ON THE PLEADINGS VERSUS


SUMMARY JUDGMENTS PERIOD WITHIN WHICH DECISION IS TO BE RENDERED [1987
Summary Judgment on Judgment by Constitution, Art. VIII, Sec. 15]
judgment the pleadings default (a) All cases filed must be decided or resolved by the
Based on the Based solely Based on the Supreme Court within 24 months from the date
pleadings, upon the complaint and of their submission for decision.
depositions, pleadings evidence, if court (b) Unless reduced by the SC, within 12 months for
admissions requires its lower collegiate courts and within 3 months for
and affidavits presentation all other lower courts.
There is no The answer No issues as no A case is deemed submitted for resolution upon the
genuine issue fails to tender answer is filed by filing of the last pleading, brief or memorandum
between the an issue or the defending required by the Rules of Court or by the court.
parties there is an party
admission of An extension of the period may be set by the SC
the material upon request by the judge concerned on account of
allegations heavy caseload or by other reasonable excuse [Arap v
Available to Generally Available to the Mustafa (2002)]
both plaintiff available only plaintiff alone
and defendant to the INTERPRETATION OF THE JUDGMENT
plaintiff, Where the judgment is difficult to execute because of
unless the ambiguity in its terms, the remedy of the party is to
defendant file a motion for clarificatory judgment and not to
presents a assail the judgment as void. [Poland Industrial
counterclaim Limited v National Development Company (2005)]
10-day notice 3-day notice 3-day notice rule
required required applies ENTRY OF JUDGMENT AND FINAL ORDER
May be On the merits On the merits DEFINITION OF ENTRY OF JUDGMENT
interlocutory or The entry of judgment refers to the physical act
on the merits performed by the clerk of court in entering the
Usually Available in Available in any dispositive portion of the judgment in the book of
available in any action, action, except entries of judgment after the same has become final
actions to except annulment of and executory. [Riano]
recover a debt, annulment of marriage or legal
or for a marriage or separation cases
liquidated sum legal Rendition of judgment Entry of judgment
of money, or separation
for declaratory cases Filing of the judgment
relief with the clerk of court Act of clerk of court in
entering the dispositive
RENDITION OF JUDGMENTS AND FINAL ORDERS portion of the judgment
FORM OF JUDGMENT [Rule 36, Sec. 1] in the book of entries of
(a) In writing judgment
(b) Personally and directly prepared by the judge
(c) Stating clearly & distinctly the facts and the law ENTRY OF JUDGMENTS AND FINAL ORDERS [Rule 36, Sec.
on which it is based 2]
(d) Signed by the judged If there is no appeal/MNT/MFR filed within the
(e) Filed with the clerk of court. prescribed periods, the clerk of court shall enter the
judgment or final order in the book of entries of
DEFINITION OF RENDITION OF JUDGMENT judgments.
It is the filing of the judgment with the clerk of court. It
is not the pronouncement of the judgment in open Date of finality of the judgment = Date of its entry in
court that constitutes the rendition. Even if the the book
judgment has already been put in writing and
signed, it is still subject to amendment if it has not Note: the periods for filing the following pleadings
yet been filed with the clerk of court and before its are reckoned from the date of entry of judgment
filing does not yet constitute the real judgment of the (a) Execution of a judgment by motion (5 years from
court. [Ago v. CA (1962)] entry) [Rule 39, Sec. 6]

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(b) Petition for relief (as one of its periods, not more Rule 65. It does not apply to cases that fall under
than 6 months from entry of the judgment or Summary Procedure.
final order) [Rule 38, Sec. 3]
GROUNDS
The record: Rule 37, Sec.1. Grounds of and period for filing motion
(a) Shall contain the judgment’s dispositive part for new trial or reconsideration.—Within the period for
(b) Shall be signed by the clerk of court with a taking an appeal, the aggrieved party may move the
certificate that the judgment has become final trial court to set aside the judgment or final order
and executory. and grant a new trial for one or more of the following
causes materially affecting the substantial rights of
AMENDMENTS TO JUDGMENT (Asked in the 2008 Bar said party:
Exams) (a) Fraud, accident, mistake or excusable negligence
The power to amend judgments is inherent to the which ordinary prudence could not have guarded
court before judgment becomes final and executory. against and by reason of which such aggrieved
party has probably been impaired in his rights; or
General rule: The court cannot amend the judgment (b) Newly discovered evidence, which could not, with
once it has become final and executory. reasonable diligence, have discovered and
produced at the trial, and which if presented
Exception: would probably alter the result.
(a) To make corrections of clerical errors, not
substantial amendments, as by an amendment Within the same period, the aggrieved party may
non pro tunc; also move for reconsideration upon the grounds that
(b) To clarify an ambiguity which is borne out by and the damages awarded are excessive, that the
justifiable in the context of the decision; evidence is insufficient to justify the decision or final
(c) In judgments for support, which can always be order, or that the decision or final order is contrary
amended from time to time. law.
Amended/clarified Supplemental decision Grounds for a motion for reconsideration
judgment (a) The evidence is insufficient to justify the decision;
An entirely new decision Does not take the place (b) The damages awarded are excessive;
and supersedes the of or extinguish the (c) The decision or final order is contrary to law.
original judgment original judgment
Court makes a thorough Serves to add to the Form and content of a motion for reconsideration
study of the original original judgment Motion for reconsideration must be in writing, a
judgment and renders written notice of which must be served on the adverse
the amended and party.
clarified judgment only
after considering all the It is not sufficient to mention the ground relied upon.
factual and legal issues It is necessary for the motion for reconsideration to
point out specifically the findings or conclusions of the
judgment or final order which are not supported by the
evidence or which are contrary to law, making express
Post-Judgment Remedies reference to the testimonial or documentary
evidence or to the provisions of law alleged to be
contrary to such findings or conclusions.
REMEDIES BEFORE FINALITY OF JUDGMENT
(a) Motion for Reconsideration
Non-compliance with this requirement would reduce
(b) Motion for New Trial
the motion to a mere pro forma motion, which shall
(c) Appeal
not toll the period for appeal.
MOTION FOR NEW TRIAL OR RECONSIDERATION
Grounds for motion for new trial
MOTION FOR RECONSIDERATION
The aggrieved party may move the trial court to set
A motion for reconsideration under Rule 37 is
aside the judgment or final order and grant a new
directed against a judgment or final order. It is not
trial for one or more of the following causes
the motion for reconsideration of interlocutory order,
materially affecting the substantial rights of the said
which often precedes a petition for certiorari under
party:

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(a) FAME (Extrinsic Fraud, Accident, Mistake or appealed from. The 15-day period is deemed to
Excusable Negligence) which ordinary prudence commence upon receipt by the counsel of record,
could not have guarded against and by reason of which is considered notice to the parties. Service
which the aggrieved party has probably been upon the parties themselves is prohibited and is not
impaired in his rights. considered as official receipt of judgment.
(1) The motion shall be supported by affidavits of
merit. Non-compliance with this requirement No motion for extension of time shall be allowed.
would reduce the motion to a mere pro forma Where a record on appeal is required, the appellant
motion. shall file:
(2) The affidavits of merit must show the facts (a) a notice of appeal, and
(not mere conclusions or opinions) (b) record on appeal within 30 days from notice of
constituting the valid cause of action or the judgment or final order.
defense which the movant may prove in case a
new trial is granted. Otherwise, if the A record on appeal is required only in:
complaint is after all groundless or the (a) Special proceedings;
defense is ineffective, a new trial would serve (b) Other cases of multiple or separate appeals.
no purpose.
(b) Newly discovered evidence, which he could not, Resolution of the motion
with reasonable diligence, have discovered and Rule 37, Sec. 4. Resolution of motion. — A motion for
produced at the trial, and which if presented new trial or reconsideration shall be resolved within
would probably alter the result. 30 days from the time it is submitted for resolution.
(1) The motion shall be supported by: affidavits of
the witnesses by whom such evidence is Effect of filing
expected to be given; and/or duly The filing of a timely motion interrupts the period to
authenticated documents which are proposed appeal.
to be introduced in evidence.
(2) Non-compliance with this requirement would The 30-day period to resolve the motion is held to be
reduce the motion to a mere pro forma mandatory [Gonzales v. Bantolo (2006)]
motion.
Rule 37, Sec. 3. Action upon motion for new trial or
Tumang v. CA (1989): Newly discovered evidence may reconsideration.—The trial court may set aside the
and does commonly refer to evidence already in judgment or final order and grant a new trial, upon
existence prior to or during trial but which could not such terms as may be just, or may deny the motion. If
have been secured and presented during the trial the court finds that excessive damages have been
despite reasonable diligence on the part of the awarded or that the judgment or final order is
litigant. contrary to the evidence or law, it may amend such
judgment or final order accordingly.
Extrinsic fraud: any fraudulent scheme executed by
the prevailing party outside of the trial against the DENIAL OF THE MOTION; EFFECT
losing party who, because of such fraud, was Denial of motion for reconsideration
prevented from presenting his side of the case. The judgment or final order shall stand as is.
Intrinsic fraud: acts of a party during the trial which
does not affect the presentation of the case. Rule 37, Sec. 7. Partial new trial or reconsideration.—If
the grounds for a motion under this Rule appear to
Accident: an event that occurs without one’s foresight the court to affect the issues as to only a part, or less
or expectation. than all of the matter in controversy, or only one, or
less than all, of the parties to it, the court may order
Mistake: generally, mistakes of facts or law where, in a new trial or grant reconsideration as to such issues
good faith, the defendant was misled in a case. if severable without interfering with the judgment or
final order upon the rest.
WHEN TO FILE
The motion must be filed within the period for Single motion rule
appeal. Rule 37, Sec. 5. Second motion for new trial.—A
motion for new trial shall include all grounds then
The period for appeal is within 15 days after notice to available and those not so included shall be deemed
the appellant of the judgment or final order waived. A second motion for new trial based on a

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ground not existing or available when the first


motion was made, may be filed within the time Habaluyas v. Japson (1986): A motion for new trial or
herein provided excluding the time during which the reconsideration is not a prerequisite to an appeal, a
first motion had been pending. petition for review or a petition for review on
certiorari. And since the purpose is to expedite the
No party shall be allowed a second motion for final disposition of cases, a strict but prospective
reconsideration of a judgment or final order. application of said ruling is in order.

The prohibition on a second motion does not apply


to a motion for reconsideration of an interlocutory Fresh period rule
order.
Neypes v. CA (2005): If the motion is denied, the
movant has a “fresh period” of 15 days from receipt
Denial of motion for new trial
or notice of the order denying the motion for new
The judgment or final order shall stand as is.
trial or motion for reconsideration within which to file
an appeal.
Rule 37, Sec. 8. Effect of order for partial new trial. —
When less than all of the issues are ordered retried, This “fresh period rule” shall also apply to:
the court may either enter a judgment or final order (a) Rule 40 governing appeals from the Municipal
as to the rest, or stay the enforcement of such Trial Courts to the Regional Trial Courts;
judgment or final order until after the new trial. (b) Rule 42 on petitions for review from the Regional
Trial Courts to the Court of Appeals;
When there is an order for partial new trial, the court (c) Rule 43 on appeals from quasi-judicial
may either enter a judgment or final order as to the agencies to the Court of Appeals; and
rest, or stay the enforcement of such judgment or (d) Rule 45 governing appeals by certiorari to the
final order until after the new trial. Supreme Court.
When a second motion for new trial is permissible: The new rule aims to regiment or make the appeal
When a ground for new trial was not existing or period uniform, to be counted from receipt of the
available when the first motion was made. order denying the motion for new trial, motion for
reconsideration (whether full or partial) or any final
GRANT OF THE MOTION; EFFECT order or resolution.
Grant of motion for reconsideration
The court may amend the judgment or final order APPEALS IN GENERAL
accordingly. The amended judgment is in the nature JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL
of a new judgment, which supersedes the original Rule 41 [as amended by A.M. 07-7-12 (2007)]
judgment. SECTION 1. Subject of appeal. An appeal may be
taken from a judgment or final order that completely
Grant of motion for new trial disposes of the case, or of a particular matter therein
The original judgment shall be vacated, and the when declared by these Rules to be appealable.
action shall stand for trial de novo. The recorded
evidence upon the former trial shall be used at the No appeal may be taken from:
new trial without retaking them (if they are material (a) An order denying a petition for relief or any
and competent). similar motion seeking relief from judgment;
(b) An interlocutory order;
REMEDY WHEN MOTION IS DENIED, FRESH 15-DAY PERIOD (c) An order disallowing or dismissing an appeal;
RULE
(d) An order denying a motion to set aside a
Rule 37, Sec. 9. Remedy against order denying a judgment by consent, confession or compromise
motion for new trial or reconsideration. — An order on the ground of fraud, mistake or duress, or any
denying a motion for new trial or reconsideration is other ground vitiating consent;
now appealable. (As modified by AM 07-7-12) (e) An order of execution;
(f) A judgment or final order for or against one or
Remedy if motion is denied more of several parties or in separate claims,
(a) To appeal from the judgment or final order itself. counterclaims, cross-claims and third-party
(b) The order denying the motion for new trial or complaints, while the main case is pending,
reconsideration may itself be assailed by a unless the court allows an appeal therefrom; and
petition for certiorari under Rule 65. (g) An order dismissing an action without prejudice.

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MODES OF APPEAL
In any of the foregoing circumstances, the aggrieved Ordinary appeal
party may file an appropriate special civil action as
provided in Rule 65. Procedure in the Court of Appeals
Ordinary appealed cases
Significance of the amendment Rule 44, Sec. 1. Title of cases. — In all cases appealed
An order denying motion for new trial or to the Court of Appeals under Rule 41, the title of the
reconsideration is NOW APPEALABLE! case shall remain as it was in the court of origin, but
the party appealing shall be further referred to as the
Final Order Interlocutory Order appellant and the adverse party as the appellee.
Disposes of the matter Does not dispose of a Counsels and guardians
in its entirety, leaving case completely but
nothing more to be done leaves something more Rule 44, Sec. 2. Counsel and guardians. — The
but to enforce execution to be decided upon. counsel and guardians ad litem of the parties in the
Appealable Not appealable except court of origin shall be respectively considered as
through a petition for their counsel and guardians ad litem in the Court of
certiorari under Rule 65 Appeals. When others appear or are appointed,
notice thereof shall be served immediately on the
Must clearly and No need to comply with
adverse party and filed with the court.
distinctly state the law such a requirement
and the facts on which it
is based Order of transmittal of record
Rule 44, Sec. 3. Order of transmittal of record. — If the
MATTERS NOT APPEALABLE original record or the record on appeal is not
Not appealable under Rule 41 transmitted to the Court of Appeals within 30 days
(a) Order denying motion for new trial or after the perfection of appeal, either party may file a
reconsideration; motion with the trial court, with notice to the other,
(b) Order denying petition for review or any similar for the transmittal of such record or record on
motion seeking relief from judgment; appeal.
(c) Interlocutory order;
(d) Order disallowing/dismissing appeal; Case docketing
(e) Order denying motion to set aside judgment by Rule 44, Sec. 4. Docketing of case. — Upon receiving
consent or confession or compromise on ground the original record or the record on appeal and the
of fraud or mistake or duress or any other vitiation accompanying documents and exhibits transmitted
of consent; by the lower court, as well as the proof of payment of
(f) Order of execution; the docket and other lawful fees, the clerk of court of
(g) While the case is pending, judgment or final the Court of Appeals shall docket the case and notify
order: the parties thereof.
(1) For/against one or more of several parties;
(2) In separate claims, counterclaims, cross- Within 10 days from receipt of said notice, the
claims, third-party complaints. appellant, in appeals by record on appeal, shall file
Exception: If court allows appeal. with the clerk of court approved record on appeal
(h) Order dismissing an action without prejudice.
Any unauthorized alteration, omission or addition in
Note: An interlocutory order is one that does not the approved record in appeal shall be a ground for
finally dispose of the case, and does not end the dismissal of the appeal.
court's task of adjudicating the parties’ contentions
and determining their rights and liabilities as regards
Note: Unless otherwise directed by the court, the
each other, but obviously indicates that other things
number of court- bound papers that a party is
remain to be done. [BPI v. Lee (2012)]
required or desires to file In the Court of Appeals,
one original (properly marked) and two copies with
REMEDY AGAINST JUDGMENTS AND ORDERS WHICH ARE
their annexes [Efficient Use of Paper Rule, AM 11-9-
NOT APPEALABLE
4-SC, Section 5]
In the 8 cases not appealable under Rule 41, the
aggrieved party may file a special civil action under
A party required by the rules to serve a copy of his
Rule 65. [Rule 41, Sec. 1]
court-bound on the adverse party need not enclose
copies of those annexes that based on the record of

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the court such party already has in his possession. In Contents of appellant’s brief
the event a party requests a set of the annexes Rule 44, Sec. 13. Contents of appellant’s brief. — The
actually filed with the court, the part who filed the appellant’s brief shall contain, in the order herein
paper shall comply with the request within five days indicated, the following:
from receipt. [Efficient Use of Paper Rule, AM 11-9-4- (a) A subject index of the matter in the brief with a
SC, Section 6] digest of the arguments and page references, and
a table of cases alphabetically arranged,
Record completion textbooks and statutes cited with references to
Rule 44, Sec. 5. Completion of record. — Where the the pages where they are cited;
record of the docketed case is incomplete, the clerk (b) An assignment of errors intended to be urged,
of court of the Court of Appeals shall so inform the which errors shall be separately, distinctly and
court and recommend to it measures necessary to concisely stated without repetition and numbered
complete the record. It shall be the duty of said court consecutively;
to take appropriate action towards the completion of (c) Under the heading “Statement of the Case,” a
the record within the shortest possible time. clear and concise statement of the nature of the
action, a summary of the proceedings, the
Rule 44, Sec. 6. Dispensing with complete record.— appealed rulings and orders of the court, the
Where the completion of the record could not be nature of the judgment and any other matters
accomplished within a sufficient period allotted for necessary to an understanding of the nature of
said purpose due to insuperable or extremely the controversy, with page references to the
difficult cases, the court, on its own motion or on record;
motion of an of the parties, may declare that the (d) Under the heading “Statement of Facts,” a clear
record and its accompanying transcripts and exhibits and concise statement in a narrative form of facts
so far available are sufficient to decide the issues admitted by both parties and of those in
raised in the appeal, and shall issue an order controversy, together with the substance of proof
explaining the reasons for such declaration. relating thereto in sufficient detail to make it
clearly intelligible, with page references to the
record;
The failure of appellant to take the necessary steps
(e) A clear and concise statement of the issues of
for the correction or completion of the record within
fact or law to be submitted to the court for its
the time limited by the court in its order is a ground
judgment;
for dismissal of the appeal.
(f) Under the heading “Argument,” the appellant’s
arguments on each assignment of error with
Appellant’s brief
page references to the record. The authorities
Rule 44, Sec.7. Appellant’s brief. — It shall be the duty relied upon shall be cited by the page of the
of the appellant to file with the court, within 45 days report at which the case begins and the page of
from receipt of the notice of the clerk that all the the report on which the citation is found.
evidence, oral and documentary, are attached to the (g) Under the heading “Relief,” a specification of the
record order of judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the
Note: Unless otherwise directed by the court, the appellant’s brief shall contain, as an appendix, a
number of court- bound papers that a party is copy of the judgment or final order appealed
required or desires to file In the Court of Appeals, from.
one original (properly marked) and two copies with
their annexes [Efficient Use of Paper Rule, AM 11-9- Rule 44, Sec. 15. Questions that may be raised on
4-SC, Section 5] appeal. — Whether or not the appellant has filed a
motion for new trial in the court below, he may
A party required by the rules to serve a copy of his include in his assignment of errors any question of
court-bound on the adverse party need not enclose law or fact that has been raised in the court below
copies of those annexes that based on the record of and which is within the issues framed by the parties.
the court such party already has in his possession. In
the event a party requests a set of the annexes
actually filed with the court, the part who filed the Rule 124, Sec. 7. Contents of brief. — The briefs in
paper shall comply with the request within five days criminal cases shall have the same contents as
from receipt. [Efficient Use of Paper Rule, AM 11-9-4- provided in sections 13 and 14 of Rule 44. A certified
SC, Section 6] true copy of the decision or final order appealed from
shall be appended to the brief of the appellant.

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Appellee’s brief evidence, oral or documentary, is already attached to


Rule 44, Sec. 8. Appellee’s brief. — Within 45 days the record.
from receipt of the appellant’s brief, the appellee
shall file with the court copies of his legibly type- The failure of the appellant to file his memorandum
written, mimeographed or printed brief, with proof of within the period therefore may be a ground for
service of 2 copies thereof upon the appellant. dismissal of the appeal.

Note: Rules that apply, as regards the number of Several or plurality of appellant’s, appellees and/or
copies to be filed, with the appellant’s brief apply counsel
with the appellee’s brief. Rule 44, Sec. 11. Several appellants or appellees or
several counsel for each party.—Where there are
Contents of appellee’s brief several appellants or appellees, each counsel
Rule 44, Sec. 14. Contents of appellee’s brief. — The representing one or more but not all of them shall be
appellee’s brief shall, in the order herein indicated, served with only one copy of the briefs. When several
the following: counsel represent one appellant or appellee, copies
(a) A subject index of the matter in the brief with a of the brief may be served upon any of them.
digest of the arguments and page references, and
a table of cases alphabetically arranged, Extension of time for filing briefs
textbooks and statutes cited with references to Rule 44, Sec. 12. Extension of time for filing briefs.—
the pages where they are cited; Extension of time for the filing of briefs will not be
(b) Under the heading “Statement of Facts,” the allowed, except for good and sufficient cause, and
appellee shall state that the accepts the only if the motion for extension is filed before the
statement of facts in the appellant’s brief, or expiration of the time sought to be extended.
under the heading “Counter-Statement of Facts,”
he shall point out such insufficiencies or The Brief
inaccuracies as he believes exist in the appellant’s
De Liano v. CA (2001): The purpose of the brief is to
statement of facts with references to the pages of
present to the court in concise form the points and
the record in support thereof, but without
questions in controversy, and by fair argument on the
repetition of matters in the appellant’s statement
facts and law of the case to assist the court in
of facts; and
arriving at a just and proper conclusion.
(c) Under the heading “Argument,” the appellee
shall set forth his arguments in the case on each
The brief should be so prepared as to minimize the
assignment of error with page references to the
labor of the court in the examination of the record
record. The authorities relied on shall be cited by
upon which the appeal is heard and determined.
the page of the report at which the case begins
and the page of the report on which the citation is
Failure to comply with required contents of
found.
appellant’s brief is cause for dismissal of the petition.
Reply brief
Dismissal of appeal
Rule 44, Sec. 9. Appellant’s reply brief. — Within 20
Rule 50, Sec. 1. Grounds for dismissal of appeal. — An
days from receipt of the appellant’s brief, the
appeal may be dismissed by the Court of Appeals, on
appellee shall file with the court copies of his legibly
its own motion or on that of appellee, on the
typewritten, mimeographed or printed brief, with
following grounds:
proof of service upon the appellant.
(a) Failure of the record on appeal to show on its face
that the appeal was taken within the period fixed
Note: Note: Rules that apply, as regards the number by these Rules;
of copies to be filed, with the appellant’s brief apply (b) Failure to file the notice of appeal of the record
in this case. on appeal within the period prescribed by these
Rules;
Memoranda in special cases (c) Failure of the appellant to pay the docket and
Rule 44, Sec. 10. Time for memoranda in special other lawful fees as provide in section 5 of Rule
cases. — In certiorari, prohibition, mandamus, quo 40 and Section 4 of Rule 41;
warranto and habeas corpus cases, the parties shall (d) Unauthorized alterations, omission or additions in
file, in lieu of briefs, their respective memoranda the approved record on appeal as provided in
within a non-extendible period of 30 days from section 4 of Rule 44;
receipt of the notice issued by the clerk that all the

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(e) Failure of the appellant to serve and file the decide such issues or refer them to CA for
required number of copies of his brief or determination.
memorandum within the time provided by these
Rules; Cu-unjieng v. CA (2006): Nonpayment of the
(f) Absence of specific assignment of errors in the appellate court docket and other lawful fees within
appellant’s brief, or of page references to the the reglementary period as provided under Rule 41,
record as required in section 13, paragraphs (a), Sec. 4 is a ground for the dismissal of an appeal
(c), (d) and (f) of Rule 44; under Rule 50, Sec. 1(c). The Supreme Court has
(g) Failure of the appellant to take the necessary invariably sustained the Court of Appeal’s dismissal
steps for the correction or completion of the on technical grounds under the afore-quoted
record within the time limited by the court in its provision unless considerations of equity and
order; substantial justice present cogent reasons to hold
(h) Failure of the appellant to appear at the otherwise. True, the rules may be relaxed but only for
preliminary conference under Rule 48 or to persuasive and weighty reasons, to relieve a litigant
comply with orders, circulars, or directives of the of an injustice commensurate with his failure to
court without justifiable cause; and comply with the prescribed procedure.
(i) The fact that the order or judgment appealed
from is not appealable. Withdrawal of appeal
Rule 50, Sec. 3. Withdrawal of appeal. — An appeal
PNB v. Philippine Milling (1969): CA has discretion to may be withdrawn as of right at any time before the
dismiss or not to dismiss appeal. Although said filing of the appellee’s brief. Thereafter, the
discretion must be a sound one, to be exercised in withdrawal may be allowed in the discretion of the
accordance with the tenets of justice and fair play, court.
having in mind the circumstances obtaining in each
case, the presumption is that it has been so Stay of execution
exercised. See next page.
Padasdas v. CA (1974): Failure to file appellant’s brief General rule: If judgment is rendered against the
within the reglementary period need not necessarily defendant, execution shall issue immediately
cause dismissal of appeal where the same was due upon motion.
to force majeure.
Exception: Immediate execution of judgment
Dismissal of improper appeal may be stayed if the following requisites
Rule 50, Sec. 2. Dismissal of improper appeal to the concur:
Court of Appeals. — An appeal under Rule 41 taken (a) an appeal has been perfected
from the Regional Trial Court to the Court of Appeals (b) the defendant files a sufficient supersedeas
raising only questions of law shall be dismissed, bond, approved by the MTC and executed in
issues purely of law not being reviewable by said favor of the plaintiff to pay the rents,
court. Similarly, an appeal by notice of appeal damages and costs accruing down to the
instead of by petition for review from the appellate time of the judgment appealed from
judgment of a Regional Trial Court shall be (c) during the pendency of the appeal, the
dismissed. defendant deposits with the appellate court
the amount of rent due from time to time
An appeal erroneously taken to the Court of Appeals under the contract; in the absence of a
shall not be transferred to the appropriate court but contract, he shall deposit with the RTC the
shall be dismissed outright. reasonable value of the use and occupation
of the premises for the preceding month or
period at the rate determined by the
judgment of the lower court on or before the
Atlas Consolidated v. CA (1991): Circular No. 2-90 now th
10 day of each succeeding month or period
prohibits the transfer of appeals erroneously taken to
the SC or CA to whichever of these tribunals has
appropriate appellate jurisdiction. But where SC
believes that there are factual issues which must be
resolved, it may, in the exercise of its sound The supersedeas bond shall be transmitted by the
discretion and considering the attendant MTC, with the other papers, to the clerk of the RTC
circumstances, either itself take cognizance of and to which the action is appealed.

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(c) making a periodic deposit of the rental or the


reasonable compensation for the use and
All amounts so paid to the appellate court shall
occupation of the property during the pendency
be deposited with said court or authorized of the appeal.
government depositary bond, and shall be held
These requisites must concur.
there until the final disposition of the appeal,
UNLESS the court:
Puncia v. Gerona (1996): A stay of execution may also
(a) by agreement of the interested parties, or be warranted once the writ is issued:
(b) in the absence of reasonable grounds of
(a) where the delay in the deposit is due to fraud,
opposition to a motion to withdraw, or
accident, mistake, or excusable negligence; or,
(c) for justifiable reasons, shall decree otherwise.
(b) where supervening events occurring subsequent
to the judgment bring about a material change in
the situation of the parties which makes
execution inequitable
Should the defendant fail to make the payments, (c) where there is no compelling urgency for the
the appellate court, upon motion of the plaintiff, execution because it is not justified by the
and upon proof of such failure, shall order the prevailing circumstances
execution of the judgment appealed from with
respect to the restoration of possession, but such Rule 39, Sec. 2. Discretionary execution.—
execution shall not be a bar to the appeal taking (a) Execution of a judgment or a final order pending
its course until the final disposition thereof on the appeal.—On motion of the prevailing party with
merits. notice to the adverse party filed in the trial court
while it has jurisdiction over the case and is in
possession of either the original record or the
record on appeal, as the case may be, at the time
After the case is decided by the Regional Trial of the filing of such motion, said court may, in its
Court, any money paid to the court by the discretion, order execution of a judgment or final
defendant for purposes of the stay of execution order even before the expiration of the period to
shall be disposed of in accordance with the appeal.
provisions of the judgment of the Regional Trial
Court. After the trial court has lost jurisdiction, the
motion for execution pending appeal may be filed
in the appellate court.

In any case wherein it appears that the defendant Discretionary execution may only issue upon
has been deprived of the lawful possession of land good reasons to be stated in a special order after
or building pending the appeal by virtue of the due hearing.
execution of the judgment of the Municipal Trial
Court, damages for such deprivation of possession (b) Execution of several, separate or partial judgments.
and restoration of possession may be allowed the — A several, separate or partial judgment may be
defendant in the judgment of the Regional Trial executed under the same terms and conditions as
Court disposing of the appeal. execution of a judgment or final order pending
appeal.
Habere Facias Possessionem; definition
The name of the process commonly resorted to by Sec. 21, Revised Rules on Summary Procedure.
the successful party in an action for ejectment, for Appeal. — The judgment or final order shall be
the purpose of being placed by the sheriff in the appealable to the appropriate RTC which shall
actual possession of the land recovered. decide the same in accordance with Sec. 22 of BP
129. The decision of the regional trial court in civil
cases governed by this Rule, including forcible entry
San Pedro v. CA (1994): Judgments in ejectment
cases which are favorable to the plaintiff are and unlawful detainer, shall be immediately
executory, without prejudice to a further appeal that
immediately executory. They can be stayed by the
may be taken therefrom. Section 10 of Rule 70 shall
defendant only by:
(a) perfecting an appeal; be deemed repealed.
(b) filing a supersedeas bond; and

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Rule 43, Sec. 12. Effect of appeal.—The appeal shall memorandum required by the Rules or by the court
not stay the award, judgment, final order or itself, or the expiration of the period for its filing.
resolution sought to be reviewed unless the Court of
Appeals shall direct otherwise upon such terms as it When such hearing is held, upon its termination or
may deem just. upon the filing of the last pleading or memorandum
as may be required or permitted to be filed by the
court, or the expiration of the period for its filing.
Rule 39, Sec. 4. Judgments not stayed by appeal.—
Judgments in actions for injunction, receivership, B. In original actions and petitions for review.—
accounting and support, and such other judgments Where no comment is filed, upon the expiration of
as are not or may hereafter be declared to be the period to comment.
immediately executory shall be enforceable after
their rendition and shall not be stayed by an appeal Where no hearing is held, upon the filing of the last
taken therefrom, unless otherwise ordered by the pleading required or permitted to be filed by the
trial court. On appeal therefrom, the appellate court court, or the expiration of the period for its filing.
in its discretion may make an order suspending,
modifying, restoring or granting the injunction, Where a hearing on the merits of the main case is
receivership, accounting, or award of support. held, upon its termination or upon the filing of the last
pleading or memorandum as may be required or
General rule: In ordinary appeals, execution is stayed. permitted to be filed by the court, or the expiration of
the period for its filing.
Exceptions
(a) Decision in forcible entry and unlawful detainer. Judgment
Exception to exception: If appellant stays
immediate execution by filing a notice of appeal, Rule 51, Sec. 2. By whom rendered. — The judgment
supersedeas bond and depositing in court a shall be rendered by the members of the court who
monthly rental or compensation for the participated in the deliberation on the merits of the
occupation as fixed by the court which rendered case before its assignment to a member for the
the decision. writing of the decision.
(b) Decision of the MeTC, MTC or MCTC or the RTC
where execution pending appeal has been Rule 51, Sec. 3. Quorum and voting in the court. —
granted by the court of origin or in a proper case The participation of all three Justices of a division
by the appellate court upon good reasons to be shall be necessary at the deliberation and the
stated in the order. unanimous vote of the three Justices shall be
(c) Decision of the RTC rendered in the exercise of its required for the pronouncement of a judgment or
appellate jurisdiction on cases tried and decided final resolution. If the three Justices do not reach a
by the court of origin under Summary Procedure. unanimous vote, the clerk shall enter the votes of the
(d) Decision of a quasi-judicial agency under the dissenting Justices in the record. Thereafter, the
Rule 43, Sec. 12, UNLESS otherwise provided by Chairman of the division shall refer the case,
the Court CA; together with the minutes of the deliberation, to the
(e) Decision in cases of injunction, receivership, Presiding Justice who shall designate two Justices
support and accounting. chosen by raffle from among the other members of
the court to sit temporarily with them, forming a
Service Specialists v. Sheriff of Manila (1986): An special division of five Justices. The participation of
appeal from the order denying the petition for relief all the five members of the special division shall be
does not stay the judgment from which relief is necessary for the deliberation required in section 2 of
sought. In order to stay execution, it is necessary to this Rules and the concurrence of a majority of such
obtain a writ of preliminary injunction. division shall be required for the pronouncement of a
judgment or final resolution.
When case is submitted for judgment
Rule 51, Sec. 1. When case deemed submitted for Rule 51, Sec. 4. Disposition of a case.—The CA, in the
judgment.—A case shall be deemed submitted for exercise of its appellate jurisdiction, may affirm,
judgment: reverse, or modify the judgment or final order
appealed from, and may direct a new trial or further
A. In ordinary appeals.— proceedings to be had.
Where no hearing on the merits of the main case is
held, upon the filing of the last pleading, brief, or

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Sec.40, BP 129. Form of decision in appealed cases.— Rule 51, Sec. 9. Promulgation and notice of
Every decision or final resolution of a court in judgment.—After the judgment or final resolution
appealed cases shall clearly and distinctly state the and dissenting or separate opinions, if any, are
findings of fact and the conclusion of law on which it signed by the Justices taking part, they shall be
is based, which may be contained in the decision or delivered for filing to the clerk who shall indicate
final resolution itself, or adopted by reference from thereon the date of promulgation and cause true
those set forth in the decision, order, or resolution copies thereof to be served upon the parties or their
appealed from. counsel.

Rule 51, Sec. 5. Form of decision.—Every decision or Petition for review [Rule 42]
final resolution of the court in appealed cases shall Mode of appeal in cases decided by the Regional
clearly and distinctly state the finding of fact and the Trial Court in the exercise of its appellate jurisdiction
conclusions of law on which it is based, which may be [Rule 41, Sec. 2]
contained in the decision or final resolution itself, or
adopted from those set forth in the decision, order, Procedure:
or resolution appealed from. Time for filing [Rule 42, Sec. 1]: The petition shall be
filed and served within fifteen (15) days from notice of
The body of the judgment must contain the reasons the decision sought to be reviewed or of the denial of
or conclusions of the court to serve as a guide or petitioner’s motion for new trial or reconsideration
enlightenment to determine the ratio decidendi. But filed in due time after judgment.
what actually constitutes the resolution of the court
which is the subject of the execution is the dispositive Note: Time for filing the petition may be extended
portion of the fallo. [Olac v. CA] (additional 15 days) by the CA upon proper motion
and the payment of the full amount of the docket
and other lawful fees and the deposit for costs before
Rule 51, Sec. 6. Harmless error.—No error in either the the expiration of the reglementary period. However,
admission or the exclusion of evidence and no error no further extension shall be granted except for the
or defect in any ruling or order or in anything done or most compelling reason and in no case to exceed
omitted by the trial court or by any of the parties is fifteen (15) days.
ground for granting a new trial or for setting aside,
modifying, or otherwise disturbing a judgment or Amount of costs: Php 500 [Rule 42, Sec. 1]
order, unless refusal to take such action appears to
the court inconsistent with substantial justice. The Petition for Review Form and Content [Rule 42, Sec. 2]:
court at every stage of the proceedings must
disregard any error or defect which does not affect Petition must state:
the substantial rights of the parties. (a) full names of the parties to the case w/o
impleading the lower courts or the judges
Rule 51, Sec. 7. Judgment where there are several (b) indicate material dates showing filed on time
parties.—In all actions or proceedings, an appealed (c) set forth statement of the matters involved and
judgment may be affirmed as to some of the the issues raised, specification of errors of
appellants, and revered as to others, and the case fact/law/both and the reasons or arguments
shall thereafter be proceeded with, so far as relied upon for the allowance of the appeal
necessary, as of separate actions had been begun
and prosecuted; and execution of the judgment of It must also be accompanied by legible duplicate
affirmance may be had accordingly, and costs may original/true copies of the judgments/orders,
be adjudged in such cases, as the court shall deem certified correct by the CoC, the requisite number of
proper. copies and of the pleadings and other material
portions of the record supporting the allegations of
the petition
Rule 51, Sec. 8. Questions that may be decided.—No
error which does not affect the jurisdiction over the
Copies to be filed:
subject matter or the validity of the judgment
Note: Unless otherwise directed by the court, the
appealed from or the proceedings therein will be
number of court- bound papers that a party is
considered unless stated in the assignment of errors,
required or desires to file In the Court of Appeals,
or closely related to or dependent on an assigned
one original (properly marked) and two copies with
error
their annexes [Efficient Use of Paper Rule, AM 11-9-4-
SC, Section 5]

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also order the elevation of the original record from


A party required by the rules to serve a copy of his the RTC to the CA.
court-bound on the adverse party need not enclose
copies of those annexes that based on the record of Effect of Perfection of Appeal [Rule 42, Sec. 8]:
the court such party already has in his possession. In (1) RTC loses jurisdiction
the event a party requests a set of the annexes Note: Before the CA gives due course to the
actually filed with the court, the part who filed the petition, the RTC has authority to do the
paper shall comply with the request within five days following:
from receipt. [Efficient Use of Paper Rule, AM 11-9-4- (a) issue orders for the protection and
SC, Section 6] preservation of the rights of the parties which
do not involve any matter litigated by the
A Certification under oath shall also be submitted. appeal
The certification must state: (b) approve compromises
(a) that he has not theretofore commenced any other (c) permit appeals of indigent litigants
action involving the same issues in the SC, CA, or (d) order execution pending appeal in accordance
any other tribunal or agency; with Sec. 2 of Rule 39, and
(b) if there is such other action or proceeding, he (e) allow withdrawal of the appeal
must state the status of the same; and if he
should thereafter learn that a similar action or (2) Appeal shall stay the judgment or final order
proceeding has been filed or is pending before Exceptions:
the SC, CA, or any other tribunal or agency, he (a) In civil cases decided under the Summary
undertakes to promptly inform the aforesaid Procedure
courts and other tribunal or agency thereof within (b) CA, law or ROC provided otherwise
five (5) days therefrom
Action of the Court after petition is given due course
Note: Failure to comply with the requirements shall [Rule 42, Sec. 9]: CA may:
be a ground for dismissal [Rule 42, Sec. 3] (a) Set the case for oral argument; or
(b) Require parties to submit memoranda within a
Action of the Court [Rule 42, Sec. 4]: Court may period of fifteen (15) days from notice
REQUIRE RESPONDENT TO SUBMIT COMMENT
within 10 days from notice or DISMISS the petition When case is deemed submitted for decision: upon
filing of the last pleading/memorandum [Rule 42,
Possible Grounds for dismissal: Sec. 9]
(a) patently without merit,
(b) prosecuted manifestly for delay, or Petition for review on certiorari
(c) questions raised are too unsubstantial to Procedure in the Supreme Court (Appealed Cases)
require consideration
Mode of appeal
Form and Content of Comment [Rule 42, Sec. 5]: Rule 56, Sec. 3. Mode of appeal. — An appeal to the
Comment must be in one original (properly marked) Supreme Court may be taken only by a petition for
and two copies with their annexes (Efficient Use of review on certiorari, except in criminal cases where
Paper Rule, Section 5), accompanied by certified true the penalty imposed is death, reclusion perpetua or
copies of such material portions of the record; life imprisonment.
stating:
(a) whether or not he accepts the statement of Procedure
matters involved in the petition
(b) point out such insufficiencies or inaccuracies as Rule 56, Sec. 4. Procedure. — The appeal shall be
he believes exist in petitioner’s statement of governed by and disposed of in accordance with the
matters involved but without repetition applicable provisions of the Constitution, laws, Rules
(c) reasons why the petition should not be given due 45, 48, sections 1, 2 and 5 to 11 of Rules 51, 52 and
course this Rule.

If the CA finds that there is a prima facie that the Grounds for dismissal of appeal
lower court has committed an error of fact or law Rule 56, Sec. 5. Grounds for dismissal of appeal. —
that will warrant a reversal or modification of the The appeal may be dismissed motu proprio or on
appealed decision, it may accordingly give due motion of the respondent on the following grounds:
course to the petition. [Rule 42, Sec. 6]. The CA may

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(a) Failure to take the appeal within the penalty. The Court of Appeals shall automatically
reglementary period; review the judgment as provided in Section 10 of
(b) Lack of merit in the petition; this Rule.
(c) Failure to pay the requisite docket fee and other (f) Except as provided in the last paragraph of
lawful fees or to make a deposit for costs; section 13, Rule 124, all other appeals to the
(d) Failure to comply with the requirements Supreme Court shall be by petition for review on
regarding proof of service and contents of and certiorari under Rule 45.
the documents which should accompany the
petition; General rule: An appeal taken to the Supreme Court
(e) Failure to comply with any circular, directive or by notice of appeal shall be dismissed.
order of the Supreme Court without justifiable
cause; Exception: Appeals in criminal cases where the
(f) Error in the choice or mode of appeal; and penalty imposed is death, reclusion perpetua or life
(g) The fact that the case is not appealable to the imprisonment.
Supreme Court.
Equally divided
Improper appeal Rule 56, Sec. 7. Procedure if opinion is equally
Rule 56, Sec. 6. Disposition of improper appeal.— divided.—Where the court en banc is equally divided
Except as provided in section 3, Rule 122 regarding in opinion, or the necessary majority cannot be had,
appeals in criminal cases where the penalty imposed the case shall again be deliberated on, and if after
is death, reclusion perpetua or life imprisonment, an such deliberation no decision is reached, the original
appeal taken to the Supreme Court by notice of action commenced in the court shall be dismissed; in
appeal shall be dismissed. appealed cases, the judgment or order appealed
from shall stand affirmed; and on all incidental
An appeal by certiorari taken to the Supreme Court matters, the petition or motion shall be denied.
from the Regional Trial Court submitting issues of
fact may be referred to the Court of Appeals for Questions of Fact v. Questions of Law
decision or appropriate action. The determination of Agote v. Lorenzo (2005): A question of law does not
the Supreme Court on whether or not issues of facts involve an examination of the probative value of the
are involved shall be final. evidence presented by any of the litigants.

Rule 122, Sec. 3. How appeal taken.— There is a question of law in a given case when the
(a) The appeal to the Regional Trial Court, or to the doubt or difference arises as to what the law is on a
Court of Appeals in cases decided by the certain state of facts; there is a question of fact when
Regional Trial Court in the exercise of its original the doubt or difference arises as to the truth or the
jurisdiction, shall be by notice of appeal filed with falsehood of the facts alleged.
the court which rendered the judgment or final
order appealed from and by serving a copy Alsua-Betts v. CA (1979):
thereof upon the adverse party. General rule: CA’s findings of fact are final and
(b) The appeal to the Court of Appeals in cases conclusive and cannot be reviewed on appeal to the
decided by the Regional Trial Court in the SC, provided they are borne out by the record or are
exercise of its appellate jurisdiction shall be by based on substantial evidence.
petition for review
(c) under Rule 42. Exception: CA’s findings of fact may be reviewed by
(d) The appeal in cases where the penalty imposed the SC on appeal by certiorari when:
by the Regional Trial Court is reclusion perpetua (1) Conclusion is a finding grounded entirely on
or life imprisonment, or where a lesser penalty is speculations, surmises or conjectures [Joaquin v.
imposed but for offenses committed on the same Navarro (1953)].
occasion or which arose out of the same (2) Inference made is manifestly mistaken, absurd or
occurrence that gave rise to the more serious impossible [Luna v. Linatok (1942)].
offense for which the penalty of death, reclusion (3) There is grave abuse of discretion in the
perpetua, or life imprisonment is imposed, shall appreciation of facts [Buyco v. People (1954)].
be by notice of appeal to the Court of Appeals in (4) Judgment is based on a misapprehension of facts
accordance with paragraph (a) of this Rule. [De la Cruz v. Sosing (1953).
(e) No notice of appeal is necessary in cases where (5) The Court of Appeal’s findings of fact are
the Regional Trial Court imposed the death conflicting [Casica v. Villaseca (1957)].

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(6) The Court of Appeals, in making its findings, went within 30 days after notice of the judgment or final
beyond the issues of the case and the same is order.
contrary to the admissions of both appellant and
appellee [Nakpil & Sons v. CA (1986)]. The period of appeal shall be interrupted by a timely
(7) The Court of Appeals manifestly overlooked motion for new trial or reconsideration. No motion
certain relevant facts not disputed by the parties for extension of time to file a motion for new trial or
and which, if properly considered, would justify a reconsideration shall be allowed.
different conclusion [Abellana v. Dosdos (1965)].
(8) The Court of Appeal’s findings of fact are contrary Neypes v. CA (2005) on the fresh period rule:
to those of the trial court, or are mere conclusions Definition: Period of appeal is interrupted by a timely
without citation of specific evidence, or where the motion for new trial or reconsideration. Motion for
facts set forth by the petitioner are not disputed extension of time to file motion for new trial or
by the respondent, or where the findings of fact of reconsideration is not allowed.
the Court of Appeals are premised on absence of
evidence but are contradicted by the evidence of Applicability:
record [Manlapaz v. CA (1987)]. (a) Rule 40 on appeals from MTC to RTC.
(b) Rule 42 on petitions for review from RTC to CA.
Perez-Rosario v. CA (2005): Rule 65 cannot cure the (c) Rule 43 on appeals from QJA to CA.
failure to appeal thru Rule 45. (d) Rule 45 on appeals by certiorari to SC.

ISSUES TO BE RAISED ON APPEAL Rationale: To standardize the appeal periods


Cognizable judgments/issues provided in the Rules of Court and to afford litigants
The appellate court has no jurisdiction to review a fair opportunity to appeal their cases, the court
judgment which is immediately final and executory deems it practical to allow a fresh period of 15 days
by express provision of law. [Republic v. Bermudez- within which to file the notice of appeal in the
Lorino (2005)] Regional Trial Court, counted from receipt of the
order dismissing a motion for new trial or
Rationale: Appeal is merely a privilege conferred by reconsideration.
law upon the litigants.
A party cannot change the theory on appeal. Only PERIOD OF APPEAL
issues pleaded in the lower court and properly raised From MTC to RTC and from RTC (original) to CA
may be resolved by the appellate court. [Medina v. (a) By notice of appeal: 15 days from notice of the
CA (1992)] judgment or final order
(b) By record of appeal: 30 days from notice of the
However, issues which are inferred from or judgment or final order
necessarily connected with the issue properly raised (c) From MTC to RTC (appellate) to CA: 15 days from
and pleaded may be resolved by the appellate court. notice of the judgment or final order but the
[Espina v. CA (1992)] Court of Appeals may grant a 15 day extension.
No further extension shall be granted except for
Notice of appeal the most compelling reasons and in no case
The notice of appeal shall indicate the parties to the longer than 15 days.
appeal, the judgment or final order or part thereof
appealed from, and state the material dates showing From RTC (original) to CA to SC and from MTC to RTC
the timeliness of the appeal. (appellate) to CA to SC and from CA to SC and from
QJA to CA to SC
Record of appeal 15 days from notice of judgment or final order or
Required only in: from denial of petitioner’s motion for reconsideration
(a) Special proceedings; or new trial. The SC may grant a 30 day extension for
(b) Multiple or separate appeals where the law or the justifiable reasons.
Rules of Court so requires.
From QJA to CA
Rule 40, Sec.2. When to appeal.—The appeal is taken 15 days from notice of the award, judgment, final
by filing a notice of appeal with the court that order or resolution or from date of last publication if
rendered the judgment or final order appealed from. required by law. The CA may grant a 15 day
Where a record on appeal is required, the appellant extension. No further extension shall be granted
shall file a notice of appeal and a record on appeal except for the most compelling reasons and in no
case longer than 15 days.

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Distinctions between Rule 45 and


Rule 65 Based on J. Regalado’s Commentary Rule 45 Appeal by Certiorari Rule 65 Original Action
(Asked in the 1999 and 2008 Bar Exams) for Certiorari
(5) Parties Involved The parties are the
Rule 45 Appeal by Certiorari Rule 65 Original Action Original Parties to the aggrieved party against
for Certiorari action remain the same the lower court/Quasi-
(1) Issues Raised Grave Abuse of during appeal (albeit with judicial agency and the
Questions of Law Discretion Amounting to the corresponding prevailing parties, who
Lack or Excess of appellation of appellant thereby respectively
Jurisdiction and appellee), the lower become the petitioner
(2) Against What Court Directed Against an court or quasi-judicial and the respondents.
Action Directed Interlocutory Order of the agency is not to be
Review of the judgment, court prior to appeal impleaded.
award or final order on from the judgment, or (6) Requirement of Motion MR is a CONDITION
the merits where there is no appeal for Reconsideration PRECEDENT subject
or any other plain speedy For purposes of appeal, only to certain
and adequate remedy MR is not required exceptions.
(3) Reglementary Period Not later than sixty (60) (7) Exercise of Jurisdiction Higher Court exercises
Must be filed within the days from notice of the The Appellate Court original jurisdiction under
reglementary period for judgment, order or exercises its appellate its power of control and
appeal. resolution sought to be jurisdiction and power of supervision over the
assailed. review proceedings of lower
(4) Effect on the Proceedings No effect (i.e., courts.
Below proceedings below
Judgment, award or continue) unless a writ of
order appealed from is preliminary injunction or
stayed by the Appeal a temporary restraining
order has been issued
Matrix of Periods

Period to Appeal Extensions Effect of MR or MNT

By notice of appeal - 15 days No extensions allowed Interrupts the period to


from notice of the judgment or appeal
final order
MTC to RTC
By record of appeal – 30 days
from notice of the judgment or
final order
By notice of appeal - 15 days No extensions allowed Interrupts the period to
from notice of the judgment or appeal
final order
RTC to CA
By record of appeal – 30 days
from notice of the judgment or
final order
15 days from notice of the The CA may grant a 15 day Fresh period to appeal
judgment or final order OR extension. No further extension from denial MR or MNT
MTC to RTC to
from denial of MR or MNT shall be granted except for the
CA
most compelling reasons and in
no case longer then 15 days.
15 days from notice of the The CA may grant a 15 day Fresh period to appeal
award, judgment, final order or extension. No further extension from denial MR or MNT
QJA to CA resolution or from date of last shall be granted except for the
publication if required by law most compelling reasons and in
OR from denial of MR or MNT no case longer then 15 days.
RTC to SC 15 days from notice of judgment The SC may grant a 30 day Fresh period to appeal
RTC to CA to or final order OR from denial of extension for justifiable reasons. from denial MR or MNT

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SC petitioner’s MR or MNT.
CA to SC

This “fresh period rule” shall also apply to: Espina v. CA (1992): However, issues which are
(a) Rule 40 governing appeals from the Municipal inferred from or necessarily connected with the issue
Trial Courts to the Regional Trial Courts; properly raised and pleaded may be resolved by the
(b) Rule 42 on petitions for review from the Regional appellate court.
Trial Courts to the Court of Appeals;
(c) Rule 43 on appeals from quasi-judicial Appeal from MTC to RTC: the rules on perfection of
agencies to the Court of Appeals; and appeal from RTC to CA applies.
(d) Rule 45 governing appeals by certiorari to the
Supreme Court. The new rule aims to regiment or From the Regional Trial Court to CA:
make the appeal period uniform, to be counted (a) By notice of appeal: perfected as to party who
from receipt of the order denying the motion for filed notice upon filing of the same in due time
new trial, motion for reconsideration (whether full
or partial) or any final order or resolution. [Neypes The court loses jurisdiction over the case upon
v. CA, (2005)] perfection of appeal AND expiration of time to
appeal of the other parties.
A party litigant may now file his notice of appeal
either within fifteen days from receipt of the original (b) By record on appeal: perfected as to the party
decision or within fifteen days from the receipt of the who filed appeal and with respect to the subject
order denying the motion for reconsideration. matter thereof upon approval of the record filed
in due time
Being procedural in nature, Neypes is deemed to be
applicable to actions pending and undetermined at The court loses jurisdiction upon approval of the
the time of its effectivity and is thus retroactive in records on appeal AND expiration of the time to
that sense and to that extent. [First Aqua Sugar v. appeal of the other parties
BPI (2007)]
From MTC to RTC (appellate jurisdiction) to CA: upon
PERFECTION OF APPEAL timely filing of a petition for review and the payment
Perfection of an appeal in the manner and within the of the corresponding docket and other lawful fees.
period laid down by law is mandatory and
jurisdictional. [Balgami v. CA (2004)] The RTC loses jurisdiction upon perfection of appeals
filed in due time AND the expiration of time to
Rationale: Appeal is merely a statutory privilege, and appeal of other parties.
may be exercised only in the manner and in
accordance with the provisions of the law. It is APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE MTC
neither a natural right nor a part of due process. MTC to RTC
Rule 40, Sec.1. Where to appeal. — An appeal from a
Effect of failure to perfect appeal judgment or final order of a MTC may be taken to the
(a) Defeats a party’s right to appeal. RTC exercising jurisdiction over the area to which the
(b) Precludes appellate court from acquiring former pertains. The title of the case shall remain as
jurisdiction. it was in the court of origin, but the party appealing
the case shall be further referred to as the appellant
Camposagrado v. Camposagrado (2005): Failure to and the adverse party the appellee.
pay the appellate court docket fee within the
reglementary period confers only a discretionary (not The other provisions governing appeal from RTC to
mandatory) power to dismiss the proposed appeal. CA so long as they are not inconsistent are
Such discretion should consider all attendant applicable to appeal from MTC to RTC.
circumstances and must be exercised with a view to
substantial justice. MTC to RTC to CA
Republic v. Bermudez-Lorino (2005): Appellate court File a verified petition for review with the CA,
has no jurisdiction to review a judgment which is paying at the same time to the clerk of said
immediately final and executory by express provision court the corresponding docket and other
of law. lawful fees, depositing the amount of P500 for
costs and furnishing the RTC and the adverse
Medina v. CA (1992): A party cannot change the party with a copy of the petition.
theory on appeal. Only issues pleaded in the lower
court and properly raised may be resolved by the
appellate court.

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Applicability of Rule 45
The petition shall be filed and served within 15
days from notice of the decision sought to be Rule 45, Sec.9. Rule applicable to both civil and
reviewed or of the denial of petitioner’s MNT or criminal cases.—The mode of appeal prescribed in
MR filed in due time after judgment. this Rule shall be applicable to both civil and
criminal cases, except in criminal cases where the
penalty imposed is death, reclusion perpetua or life
imprisonment.

Upon proper motion and the payment of the Filing of Petition


full amount of the docket and other lawful (a) File with the SC a verified petition for review on
fees and the deposit for costs before the certiorari.
expiration of the reglementary period, the CA
may grant an additional period of 15 days only (b) Unless otherwise directed by the court, the
within which to file the petition for review. No number of court- bound papers that a party is
further extension shall be granted except for required or desires to file In the Supreme Court,
the most compelling reason and in no case to one original (properly marked) and four copies,
exceed 15 days. [Rule 42, Sec. 1] unless the case is referred to the Court En Banc,
in which event, the parties shall file ten additional
copies. For the En Banc, the parties need to
(Asked in the 1999 and 2002 Bar Exam) submit only two sets of annexes, one attached to
the original and an extra copy. For the Division,
Petition for review from RTC to CA [Rule 42] the parties need to submit also two sets of
Applicability.— Appeal of RTC decision rendered in annexes, one attached to the original and an
exercise of appellate jurisdiction [Rule 42, Sec. 1] extra copy. All members of the Court shall share
the extra copies of annexes in the interest of
Certificate of Non-Forum Shopping (CNFS).— economy of paper.
Petitioner in a petition for review in CA/SC must
submit a CNFS with the petition. However, this rule is Parties to cases before the Supreme Court are
relaxed where there is need to conduct a review. In further required, on voluntary basis for the first six
those instances, petitioner may comply with the months following the effectivity of this Rule and
requirement after he has filed the petitions. [Rule 42, compulsorily afterwards unless the period is
Sec.1] extended, to submit, simultaneously with their
court-bound papers, soft copies of the same and
MTC to RTC to CA to SC their annexes (the latter in PDF format) either by
Rule 41. Sec.2(c). Appeal by certiorari.—In all cases email to the Court’s e-mail address or by compact
where only questions of law are raised or involved, disc (CD). This requirement is in preparation for
the appeal shall be to the SC by petition for review the eventual establishment of an e-filing
on certiorari in accordance with Rule 45. paperless system in the judiciary. (Efficient Use of
Paper Rule, Section 5)
Rule 45, Sec.1. Filing of petition with Supreme
Court.—A party desiring to appeal by certiorari from (c) Petition shall raise only questions of law which
a judgment or final order or resolution of the CA, the must be distinctly set forth.
Sandiganbayan, the RTC or other courts whenever
authorized by law, may file with the SC a verified Contents of Petition [Rule 45, Sec. 4]
petition for review on certiorari. The petition may (a) Full name of the appealing party (petitioner) and
include an application for a writ of preliminary the adverse party (respondent).
injunction or other provisional remedies and shall (b) Without impleading the lower court or judges as
raise only questions of law which must be distinctly petitioners/respondents.
set forth. The petitioner may seek the same (c) Material dates:
provisional remedies by verified motion filed in the (1) When notice of the judgment or final order or
same action or proceeding at any time during its resolution subject thereof was received;
pendency. (2) When a motion for new trial or reconsideration
(Asked in the 2002 Bar Exams) (if any) was filed and when notice of the denial
thereof was received.
(d) Concise statement of the matters involved, and
the reasons/arguments relied on for the
allowance of the petition;

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(e) A clearly legible duplicate original, or a certified Review is discretionary


true copy of the judgment or final order or A review is not a matter of right, but of sound judicial
resolution certified by the clerk of court of the discretion, and will be granted only when there are
court a quo and the requisite number of plain special and important reasons therefore.
copies thereof, and such material portions of the
record as would support the petition; The following, while neither controlling nor fully
(f) Certificate of non-forum shopping. measuring the court's discretion, indicate the
character of reasons which will be considered:
(a) When the court a quo has decided a question of
File petition within 15 days from notice: substance, not theretofore determined by the SC,
(a) of the judgment or final order or resolution or has decided it in a way probably not in accord
appealed from, or with law or with the applicable decisions of the
(b) of the denial of the petitioner's motion for SC; or
new trial or reconsideration filed in due time (b) When the court a quo has so far departed from
after notice of the judgment. the accepted and usual course of judicial
proceedings, or so far sanctioned such departure
by a lower court, as to call for an exercise of the
power of supervision.
On motion duly filed and served, with full
payment of the docket and other lawful fees May Require Pleadings and Documents
and the deposit for costs before the expiration Rule 45, Sec. 7. Pleadings and documents that may
of the reglementary period, the SC may for be required; sanctions. — For purposes of
justifiable reasons grant an extension of 30 determining whether the petition should be
days only within which to file the petition. [Rule dismissed or denied pursuant to sec.5 of this Rule, or
45, Sec. 2] where the petition is given due course under Sec.8
hereof, the SC may require or allow the filing of such
pleadings, briefs, memoranda or documents as it
may deem necessary within such periods and under
Rule 45, Sec.3. Docket and other lawful fees; proof of
such conditions as it may consider appropriate, and
service of petition. — Unless he has theretofore done
impose the corresponding sanctions in case of non-
so, the petitioner shall pay the corresponding docket
filing or unauthorized filing of such pleadings and
and other lawful fees to the clerk of court of the
documents or non-compliance with the conditions
Supreme Court and deposit the amount of P500.00
therefor.
for costs at the time of the filing of the petition. Proof
of service of a copy thereof on the lower court
concerned and on the adverse party shall be Due Course and Elevation of Records
submitted together with the petition. Rule 45, Sec. 8. Due course; elevation of records. — If
the petition is given due course, the SC may require
Dismissal or denial of petition the elevation of the complete record of the case or
specified parts thereof within 15 days from notice.
Rule 45, Sec.5. Dismissal or denial of petition. — The
failure of the petitioner to comply with any of the
MTC to SC
foregoing requirements regarding the payment of
(a) The remedy is a petition for certiorari under Rule
the docket and other lawful fees, deposit for costs,
65.
proof of service of the petition, and the contents of
(b) This is not an appeal.
and the documents which should accompany the
petition shall be sufficient ground for the dismissal
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE RTC
thereof.
RTC to CA
Under Rule 41, an appeal of judgment or final order
The SC may on its own initiative deny the petition on
under that completely disposes of either:
the ground that the appeal is without merits, or is
(a) The case;
prosecuted manifestly for delay, or that the
(b) A particular matter in the case, when declared by
questions raised therein are too unsubstantial to
ROC to be appealable.
require consideration.
Not appealable under Rule 41
(a) Order denying motion for new trial or
reconsideration;

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(b) Order denying petition for review or any similar Lanaria v. Planta (2007): Submission of a document
motion seeking relief from judgment; together with the motion for reconsideration
(c) Interlocutory order; constitutes substantial compliance with compliance
(d) Order disallowing/dismissing appeal; with Section 2, Rule 42 or the requirement that
(e) Order denying motion to set aside judgment by relevant or pertinent documents be submitted along
consent or confession or compromise on ground with the petition, and calls for the relaxation of
of fraud or mistake or duress or any other vitiation procedural rules
of consent;
(f) Order of execution; RTC to CA to SC
(g) While the case is pending, judgment or final The remedy is a petition for review on certiorari under
order: Rule 45.
(1) For/against one or more of several parties;
(2) In separate claims, counterclaims, cross- RTC to SC
claims, third-party complaints. (a) The remedy is a petition for certiorari under Rule
Exception: If court allows appeal. 65.
(h) Order dismissing an action without prejudice. (b) This is not an appeal.

In the 8 cases not appealable under Rule 41, the APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CA
aggrieved party may file a special civil action under CA to SC
Rule 65. The remedy is a petition for review on certiorari under
Rule 65.
Interlocutory order
Definition: If it does not dispose of the case but APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CTA
leaves something else to be done by the trial court RA 9282: Decisions of the CTA are now appealable
on the merits of the case. [Investments, Inc. v. CA to the SC by petition for review on certiorari under
(1987)] Rule 45.

For purposes of appeal, an order is final if it disposes REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
of the entire case. An order for partial summary COA
judgment is an interlocutory order which cannot be The remedy is a petition for certiorari under Rule 65.
appealed from. The trial court had not yet rendered a [Rule 64, Section 2]
complete final judgment. [GSIS v. Phil. Village Hotel
(2004)] Time to file: petition shall be filed within thirty (30)
days from notice of the judgment or final order or
Multiple appeals resolution
Civil cases which admit of multiple appeals:
(a) Judgment in an action for recovery or for partition Note: If allowed under the Rules of the Commission
of property is separately appealable from the concerned, the filing of a motion for new
proceedings on that part of the judgment wherein trial/reconsideration shall interrupt the period
accounting for receipts from the property is
ordered as a primary or incidental relief. When Copies to be filed: Unless otherwise directed by the
such accounting is submitted and either court, one original (properly marked) and four copies,
approved or rejected by the trial court, another unless the case is referred to the Court En Banc, in
appeal lies therefrom. which event, the parties shall file ten additional
(b) Special civil actions: copies. [AM 11-9-4-SC, Section 5(a)]
(1) Expropriation; (Rule 67)
(2) Judicial partition; (Rule 69) Contents:
(3) Judicial foreclosure of mortgage; (Rule 68) (a) State the facts with certainty, present clearly the
issues involved, set forth the grounds and brief
Special proceedings also admit of multiple appeals. arguments relied upon for review, and pray for
judgment annulling or modifying the questioned
Ko v. PNB (2006): The order of dismissal due to judgment, final order or resolution. Findings of
failure to prosecute is appealable by notice of appeal fact of the Commission supported by substantial
under Rule 41. evidence shall be final and non-reviewable.

Philexport v. PI (2004): But an order of dismissal (b) Accompanied by a clearly legible duplicate
without prejudice is not appealable under Rule 41. original or certified true copy of the judgment,

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final order or resolution subject thereof, together other pleadings or papers as may be required or
with certified true copies of such material allowed, or the expiration of the period to do so.
portions of the record as are referred to therein [Rule 64, Section 9]
and other documents relevant and pertinent
thereto. REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
COMELEC
For the Division, the parties need to submit also two [same with COA (Rule 64)]
sets of annexes, one attached to the original and an
extra copy. All members of the Court shall share the REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
extra copies of annexes in the interest of economy of CSC
paper. Parties to cases before the Supreme Court are The remedy of an aggrieved party from a resolution
further required, on voluntary basis for the first six issued by the CSC is to file a petition for review
months following the effectivity of this Rule and thereof under Rule 43 of the Rules of Court within
compulsorily afterwards unless the period is fifteen days from notice of the resolution. [DECS v.
extended, to submit, simultaneously with their court- Cuanan (2008)]
bound papers, soft copies of the same and their
annexes (the latter in PDF format) either by email to OREVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
the Court’s e-mail address or by compact disc (CD). OMBUDSMAN
This requirement is in preparation for the eventual
establishment of an e-filing paperless system in the When CA has Jurisdiction
judiciary. In administrative cases: Where the respondent is
absolved of the charge, and in case of conviction
(a) State the specific material dates showing that it where the penalty imposed is public censure or
was filed within the period fixed herein, and shall reprimand, suspension of not more than one month,
contain a sworn certification against forum or a fine equivalent to one month salary , the
shopping as provided in the third paragraph of decision shall be unappealable. In all other cases,
section 3, Rule 46. the decision may be appealed to the CA on a verified
petition for review under the requirements and
(b) Accompanied by proof of service of a copy thereof conditions set forth in Rule 43 of the Rules of Court,
on the Commission concerned and on the within 15 days from receipt of the written Notice of
adverse party, and of the timely payment of the Decision or Order denying the Motion for
docket and other lawful fees. Reconsideration. [AO 7, Rule III, Section 7]

Note: The failure of petitioner to comply with any of Note: An appeal shall not stop the decision from
the foregoing requirements shall be sufficient being executory.
ground for the dismissal of the petition.
When the SC has Jurisdiction
Effect of Filing: The filing of a petition In cases in which it is alleged that the Ombudsman
for certiorari shall not stay the execution of the has acted with grave abuse of discretion amounting
judgment or final order or resolution sought to be to lack or excess of jurisdiction, a special civil action
reviewed, unless the Supreme Court shall direct of certiorariunder Rule 65 may be filed with this
otherwise upon such terms as it may deem just. Court to set aside the Ombudsman’s order or
resolution. [Nava v. NBI (2005)]
If the SC finds finds the petition sufficient in form
and substance, it shall order the respondents to file Court has jurisdiction over such petitions questioning
their comments on the petition within ten (10) days resolutions or orders of the Office of the
from notice; otherwise, it may dismiss the petition Ombudsman in criminal cases. [Kuizon v. Desierto
outright. [Rule 64, Section 6] (2001)]

Aside from the comment, No other pleading may be REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
filed by any party unless required or allowed by the NLRC
Court. [Rule 64, Section 7] Rule 43, Sec.2. Cases not covered.—This Rule shall
not apply to judgments or final orders issued under
Unless the Court sets the case for oral argument, or the Labor Code of the Philippines.
requires the parties to submit memoranda, the case
shall be deemed submitted for decision upon the NLRC judgments and final orders or resolutions are
filing of the comments on the petition, or of such now reviewable, in the first instance, by the Court of

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Appeals on certiorari under Rule 65, but those of the (b) The date of its last publication, if publication is
Employees Compensation Commission should be required by law for its effectivity; or
brought to the Court of Appeals through a petition (c) The denial of the petitioner’s MFR duly filed
for review under this Rule. Also, appeals from the according to the governing law of the court or
Office of the Ombudsman in administrative agency a quo. [Villorente v. Laiya (2005)]
disciplinary cases are now covered by this Rule.
[Fabian v. Desierto (1998)] Under Rule 43, there is no need to implead the lower
court or agency which rendered the assailed
REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF decision. [Basmayor v. Atencio (2005)]
QUASI-JUDICIAL AGENCIES
Submission of the duplicate original or certified true
QJA to CA copy of judgment, order, resolution or ruling subject
Applicability of a petition for certiorari is essential to determine
Appeals from judgments or final orders of the CTA whether or not the court, body or tribunal which
and from awards, judgments, final orders or rendered the same indeed committed grave abuse of
resolutions of or authorized by any quasi-judicial discretion. Either a legible duplicate original or
agency (QJA) in the exercise of its quasi-judicial certified true copy thereof shall be submitted. If what
functions: (arranged alphabetically) is submitted is a copy, then it is required that the
same is certified by the proper officer of the court,
(a) Agricultural Inventions Board (AIB); tribunal, agency or office involved. This is to assure
(b) Board of Investments (BOI); that such copy is a faithful reproduction of the
(c) Bureau of Patents, Trademarks and Technology judgment, order, resolution or ruling subject of the
Transfer (BPTTT); petition. [Coca-cola v. Cabalo (2006)]
(d) Central Board of Assessment Appeals (CBAA);
(e) Civil Aeronautics Board (CAB); Recourse to a petition for certiorari under Rule 65
(f) Civil Service Commission (CSC); renders the petition dismissible for being the wrong
(g) Construction Industry Arbitration Commission; remedy. Nonetheless, there are exceptions to this
(h) Department of Agrarian Reform (DAR under RA rule:
6657) (a) when public welfare and the advancement of
(i) Employees Compensation Commission (ECC); public policy dictates;
(j) Energy Regulatory Board (ERB); (b) when the broader interest of justice so requires;
(k) Government Service Insurance System (GSIS); (c) when the writs issued are null and void; or
(l) Insurance Commission; (d) when the questioned order amounts to an
(m) Land Registration Authority (LRA); oppressive exercise of judicial authority. [DECS v.
(n) National Electrification Administration (NEA); Cuanan (2008)]
(o) National Telecommunications Commission
(NTC); QJA to CA to SC
(p) Office of the President (OP); Remedy is a petition for review on certiorari under
(q) Philippine Atomic Energy Commission (PAEC); Rule 45.
(r) Securities and Exchange Commission (SEC);
(s) Social Security Commission (SSC); QJA to SC
(t) Voluntary arbitrators authorized by law. Remedy is a petition for certiorari under Rule 65,
which is not an appeal.
A resolution of the DOJ Secretary is not appealable
under Rule 43. Recourse should be to the President, RELIEF FROM JUDGMENTS, ORDERS AND
instead of the CA, under the established principle of OTHER PROCEEDINGS
exhaustion of administrative remedies. [Orosa v. Roa Definition: It is a legal remedy whereby a party seeks
(2006)] to set aside a judgment rendered against him by a
court whenever he is unjustly deprived of a hearing
Exhaustion of Administrative Remedies or was prevented from taking an appeal because of
If an appeal/remedy obtains or is available within the fraud, accident, mistake or excusable negligence.
administrative machinery, this should be resorted to
before resort can be made to the courts. Francisco v. Puno (1981): A party who has filed a
timely motion for new trial or motion for
Under Rule 43, Sec. 4 the petition should be filed reconsideration can no longer file a petition for relief
within 15 days from: from judgment after his motion has been denied.
(a) Notice of the final order; or These remedies are mutually exclusive. It is only in

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appropriate cases where a party aggrieved by the Under both grounds, the petition shall be filed in the
judgment has not been able to file a motion for new same court which rendered the judgment and in the
trial or motion for reconsideration that a petition for very same case.
relief can be filed.
Prayer in Petition for Relief from Judgment
GROUNDS FOR AVAILING OF THE REMEDY (a) That the judgment/order/proceeding be set
Rule 38, Sec. 1. Petition for relief from judgment, aside;
order, or other proceedings. — When a judgment or (b) That the appeal be given due course.
final order is entered, or any other proceeding is
thereafter taken against a party in any court through Form and content of petition
fraud, accident, mistake, or excusable negligence, he (a) Must be verified;
may file a petition in such court and in the same case (b) Must be accompanied by an affidavit showing the
praying that the judgment, order or proceeding be fraud, accident, mistake or excusable negligence
set aside. relied upon;
(c) The affidavit of merit accompanying the petition
The relief provided for by Rule 38 is of equitable must also show the facts constituting the
character and is only allowed in exceptional cases, petitioner’s good and substantial cause of action
that is where there is no other available or adequate or defense.
remedy. A petition for relief is not regarded with
favor and judgment will not be disturbed where the An affidavit of merit serves as the jurisdictional basis
party complaining has or by his exercising proper for the court to entertain a petition for relief.
diligence would have had an adequate remedy at However, it is not a fatal defect to warrant denial of
law, as where petitioner could have proceeded by the petition so long as the facts required to be set
appeal to vacate or modify the default judgment. out also appear in the verified petition.
[Manila Electric v. CA (1990)]
When an Affidavit of Merit is Not Necessary
Petition for relief under Rule 38 is an admission that (a) When there is lack of jurisdiction over the
the period to appeal from the decision had already defendant;
expired. [David v. CA (1992)] (b) When there is lack of jurisdiction over the subject
matter;
TIME TO FILE PETITION
(c) When judgment was taken by default;
(d) When judgment was entered by mistake or was
Rule 38, Sec.3. Time for filing petition; contents and obtained by fraud; or
verification. — A petition provided for in either of the (e) Other similar cases.
preceding sections of this Rules must be verified,
filed within 60 days after the petitioner learns of the Two Hearings an a Petition for Relief from Judgment
judgment, final order, or other proceeding to be set (a) Hearing to determine whether or not the
aside, and not more than 6 months after such judgment should be set aside;
judgment or final order was entered, or such (b) If option a) is in the affirmative, hearing upon the
proceeding was taken; and must be accompanied merits of the case.
with affidavits showing the fraud, accident, mistake,
or excusable negligence relied upon, and the facts Other Remedies After Finality of Judgment
constituting the petitioner’s good and substantial (a) Action to Annul a Judgment
cause of action or defense, as the case may be. (b) Certiorari
(c) Collateral Attack of a Judgment that is Void on its
Both periods must concur. They are also non- Face
extendible and never interrupted.
ANNULMENT OF JUDGMENTS OR FINAL
CONTENTS OF PETITION ORDERS AND RESOLUTIONS
Rule 38, Sec.2. Petition for relief from denial of
appeal.—When a judgment of final order is rendered GROUNDS FOR ANNULMENT [Rule 47, Section 2]
by any court in a case, and a party thereto, by fraud, Grounds for Annulment
accident, mistake, or excusable negligence, has been
prevented from taking an appeal, he may file a Extrinsic Fraud
petition in such court and in the same case praying Extrinsic fraud - any fraudulent act of the prevailing
that the appeal be given due course. party in the litigation which is committed outside of
the trial of the case, whereby the unsuccessful party

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has been prevented from exhibiting fully his case. timely motion for new trial had been granted
[Tolentino v. Leviste (2004)] therein.

Fraud is regarded as extrinsic where it prevents a COLLATERAL ATTACK OF JUDGMENTS


party from having a trial or from presenting his entire (Asked in the 2004
REMEDIES FROM A VOID JUDGMENT
case to the court, or where it operates upon matters Bar Exams)
pertaining not to the judgment itself but to the
manner in which it is procured. [Tolentino v. Leviste WHAT IS A VOID JUDGMENT?
(2004)] A void judgment is no judgment at all. It cannot be
the source of any right nor the creator of any
Rationale: Party is prevented from having his day in obligation. All acts performed pursuant to it and all
court [Tolentino v. Leviste (2004)] claims emanating from it have no legal
effect. Hence, it can never become final and any writ
Note: Extrinsic fraud shall not be a valid ground if it of execution based on it is void. [Polystyrene
was availed of, or could have been availed of, in a Manufacturing v. Privatization Management (2007)]
motion for new trial or petition for relief. [Rule 47,
Sec. 2] A void judgment may be likened to a lawless thing
which can be treated as an outlaw and slain at sight,
Lack of Jurisdiction or ignored wherever and whenever it rears its head.
General Rule: Before a party can avail of the reliefs [Banco Espanol-Filipino v. Palanca (1918)]
provided for by Rule 47, it is a condition sine qua
non that one must have failed to move for new trial A judgment may be void for lack of due process of
in, or appeal from, or file a petition for relief against law. [Spouses Benatiro v. Heirs of Cuyos (2008))
said issuances or take other appropriate remedies
thereon, through no fault attributable to him. If he HOW DO YOU ATTACK A VOID JUDGMENT?
failed to avail of those cited remedies without It may be assailed anytime, collaterally or in a direct
sufficient justification, he cannot resort to the action action or by resisting such judgment or final order in
for annulment, for otherwise he would benefit from any action or proceeding whenever it is invoked,
his own inaction or negligence. [Lazaro v. Rural Bank unless barred by laches. [Spouses Benatiro v. Heirs of
of Francisco Balagtas (2003)] Cuyos (2008))

Exception: Stringent rules of procedures may be WHAT ARE YOUR REMEDIES?


relaxed to serve the demands of substantial justice If the reglementary period for appeal has not yet
and in the Court's exercise of equity jurisdiction lapsed, some remedies are New Trial and
[Almelor v. RTC of Las Piñas (2008)] Reconsideration. Appeal, Petition for Relief, and
Other Appropriate Remedies such as Certiorari may
PERIOD TO FILE ACTION [Rule 47, Sec. 3] also be used.
The period to file action for annulment of judgment is
dependent on the grounds: If the appropriate remedies are no longer available
(a) If it is based on extrinsic fraud, the action must be without the fault of the petitioner, the equitable and
filed within 4 years from its discovery extraordinary remedy of Petition for Annulment of
(b) If it is based on lack of jurisdiction, the action Judgment may be resorted to.
must be filed before it is barred by laches or
estoppels When all else fails, there is jurisprudence to the
effect that a patently void judgment may be dealt
EFFECTS OF JUDGMENT OF ANNULMENT [Rule 47, Sec. 7] with by a Main Action for Injunction. [See Barrameda
Effect: The judgment of annulment shall: v. Moir (1913)]
(a) set aside the questioned judgment or final order
or resolution; and SOME JURISPRUDENTIAL BASIS
(b) render the same null and void Remedial Law Jurisprudence such as Spouses
Benatiro v. Heirs of Cuyos, (2008) and Agustin v.
Note: The judgment is without prejudice to the Bacalan, (1985) on the matter of void judgment
original action being refiled in the proper court. Also, particularly refer to Rule 47 as a remedy against a
where the judgment or final order or resolution is set void judgment. This remedy, however, should be
aside on the ground of extrinsic fraud, the court may availed of only when the appropriate remedies are no
on motion order the trial court to try the case as if a longer available without fault on the part of the
petitioner.

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A final judgment or order is one that finally disposes


Although Section 2 of Rule 47 of the Rules of Court of a case, leaving nothing more to be done by the
provides that annulment of a final judgment or order Court in respect thereto, e.g., an adjudication on the
of an RTC may be based "only on the grounds of merits which, on the basis of the evidence presented
extrinsic fraud and lack of jurisdiction," jurisprudence at the trial, declares categorically what the rights
recognizes denial of due process as additional and obligations of the parties are and which party is
ground therefore (Spouses Benatiro Case). in the right; or a judgment or order that dismisses an
action on the ground, for instance, of res judicata or
Montinola v. Judge Gonzales (1989): a void judgment is prescription. Once rendered, the task of the Court is
like an outlaw which may be slain at sight wherever or ended, as far as deciding the controversy or
whenever it exhibits its head. The proper remedy in determining the rights and liabilities of the litigants
such case, after the time for appeal or review has is concerned. Nothing more remains to be done by
passed, is for the aggrieved party to bring an action the Court except to await the parties' next move
to enjoin the judgment. (which among others, may consist of the filing of a
motion for new trial or reconsideration, or the taking
Assuming the judgment to have been void as alleged of an appeal) and ultimately, of course, to cause the
by the proponent of this motion, the proper remedy execution of the judgment once it becomes 'final or,
was by an original proceeding and not by motion in to use the established and more distinctive term,
the cause" [Banco Espanol v. Palanca (1918)]. A final 'final and executory.
judgment may be annulled on the ground of lack of
jurisdiction, fraud, or that it is contrary to law. The proper remedy to question an improvident
[Panlilio v. Garcia (1982)] interlocutory order is a petition for certiorari under
Rule 65, not Rule 45. A petition for review under
Rule 45 is the proper mode of redress to question
only final judgments. [Investments, Inc. v. Court of
Appeals(1987)]
Execution, Satisfaction and
Execution is a matter of right upon the expiration of
Effect of Judgments the period to appeal and no appeal was perfected
from a judgment or order that disposes of the action
DIFFERENCE BETWEEN FINALITY OF JUDGMENT or proceeding. [Rule 39, Sec. 1]
FOR PURPOSES OF APPEAL; FOR PURPOSES OF
EXECUTION It can be noted that the Supreme Court made a
hairline distinction between finality of order for
The term “finality of judgment for purposes of appeals and for execution. It is submitted that upon
appeal” refers to interlocutory orders which: court’s issuance of a judgment touching upon the
(a) are not decisions within the constitutional merits of a case, it is final for the purposes of an
definition [Armargo v. CA (1973)] appeal, but NOT for execution. Finality for the
(b) are those that determine incidental matters that purposes of execution refers to the expiration of the
do not touch on the merits of the case or put an period to appeal and no appeal was perfected.
end to proceedings. The following are examples
of an interlocutory order: WHEN EXECUTION SHALL ISSUE
(1) an order denying a motion to dismiss; General rule: When the judgment or order becomes
(2) an order granting an extension of time to file a executory, the court cannot refuse to issue a writ of
pleading, or one authorizing an amendment execution.
thereof;
(3) order granting or denying applications for Exceptions: The issuance of a writ of execution which
postponement or inspection of documents. issues as a matter of right can be countered in any of
[Riano] the following cases (R-I-N-S-E-D):
(a) When a PETITION FOR RELIEF or an action to
The word interlocutory refers to something enjoin judgment is filed and a preliminary
intervening between the commencement and the injunction is prayed for and granted (Rule 38,
end of a suit which decides some point or matter but Sec. 5);
is not a final decision of the whole controversy. (b) When the judgment turns out to be INCOMPLETE
[Ramiscal, Jr. v. Sandiganbayan (2004)] OR IS CONDITIONAL since as a matter of law,
such judgment CANNOT BE FINAL;

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(c) When the judgment has been NOVATED BY THE and thereafter by action before it is barred by the
PARTIES statute of limitations.
(d) When SUBSEQUENT FACTS AND
CIRCUMSTANCES transpire as to render such The maximum period within which a final and
execution unjust or impossible executory judgment may be executed is 20 years
(e) On EQUITABLE GROUNDS as when there has [Rule 39, Sec. 6 in relation to New Civil Code provision
been a change in the situation of the parties on prescription of judgment]
which makes execution INEQUITABLE.
(f) When the judgment becomes DORMANT, the 5- Exceptions:
year period under Rule 39.6 having expired (a) Judgments for support WHICH DO NOT BECOME
without the judgment having been revived. DORMANT AND WHICH CAN BE EXECUTED BY
MOTION [Canonizado v. Benitez (1984)] except for
AEXECUTION AS A MATTER OF RIGHT support in arrears beyond 10 years from the date
See Annex D. they become due;
(b) Contempt orders by reason of unauthorized
General rule: An ex parte motion for the issuance of reentry on the land by the ejected defendant
the writ of execution would suffice since the trial [Azotes v. Blanco (1947)];
court may take judicial notice of the record of the (c) Issuance of writs of possession in FORECLOSURE
case to determine the propriety of the issuance CASES within the statute of limitations;
thereof. (d) Land registration proceedings (and other special
proceedings), hence the right to ask for a WRIT
Exception: However when the losing party shows that OF POSSESSION THEREIN NEVER PRESCRIBES
subsequent facts had taken place which would
render the execution unjust, a hearing on the motion DISCRETIONARY EXECUTION
should be held. [Luzon Surety v. Beson (1976)] See Annex E.

General rule: An appeal seasonably perfected shall General rule: Under the Rule on Discretionary
stay the execution of the judgment, unless Execution (also called execution pending appeal),
discretionary execution is granted by the court. the court rendering the judgment, if it still has
jurisdiction, may exercise discretion and order
Exceptions: However, judgments in the following execution pending appeal (Asked in the 2002 Bar
action, despite perfection of an appeal, shall be Exam). It is the execution of a judgment or final order
executed, unless the court orders otherwise: before it attains finality. The court which rendered
(a) injunction the decision can grant an execution pending appeal
(b) receivership if it still retains jurisdiction over the case and is in
(c) accounting possession of the records at the time of the filing of
(d) support the motion; otherwise, the motion shall be acted
(e) such other judgments as shall now or may upon by the appellate court. To be valid, there
hereafter be declared to be immediately should be a good reason to justify the execution of
executory the judgment pending appeal, the same to be stated
in the order granting it.
Judgments in these actions shall be enforceable
after their rendition and shall not, be stayed by an Exception: This rule, however, is inapplicable in the
appeal taken therefrom, UNLESS OTHERWISE case of the Court of Appeals.
ORDERED BY THE TRIAL COURT. (a) The Rule on Discretionary Execution
contemplates a situation where a judgment or
General rule: A final and executory judgment or order final order rendered in the exercise of its original
may be executed on motion within five (5) years from jurisdiction and the prevailing party in said
the date of its entry. [Rule 39, Sec. 6] decision seeks immediate execution during the
pendency of an appeal.
After the lapse of such time, and before it is barred (b) The CA has no authority to issue IMMEDIATE
by the statute of limitations, a judgment may be EXECUTION PENDING APPEAL OF ITS OWN
enforced by action. DECISIONS THEREIN.
(c) Discretionary execution is allowed pending
The revived judgment may also be enforced by appeal of judgment or final order of the trial court
motion within five (5) years from the date of its entry upon good reasons to be stated in a special order.

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Heirs of Justice J.B.L. Reyes v. CA (2000): A judgment (c) If it be for the sale of real or personal property, to
of the ca cannot be executed pending appeal. It is sell such property, describing it, and apply the
acquired either by the arrest of the accused or by his proceeds in conformity with the judgment, the
voluntary appearance in court. material parts of which shall be recited in the writ
of execution;
General rule: The filing of a supersedeas bond is (d) If it be for the delivery of the possession of real or
sufficient to stay the enforcement of a discretionary personal property, to deliver the possession of the
execution. same, describing it, to the party entitled thereto,
and to satisfy any costs, damages, rents, or profits
Exception: However, THE FILING OF SUPERSEDEAS covered by the judgment out of the personal
BOND does not entitle the judgment debtor to the property of the person against whom it was
suspension of execution as a MATTER OF RIGHT. rendered, and if sufficient personal property
Where the needs of the prevailing party are cannot be found, then out of the real property;
URGENT, the Court can order immediate execution and
despite such SUPERSEDEAS BOND. [Regalado] (e) In all cases, the writ of execution shall specifically
state the amount of the interest, costs, damages,
HOW A JUDGMENT IS EXECUTED rents, or profits due as of the date of the issuance
EXECUTION BY MOTION OR BY INDEPENDENT ACTION of the writ, aside from the principal obligation
[Rule 39, Sec. 6] under the judgment. For this purpose, the motion
for execution shall specify the amounts of the
When judgment/order may be executed by motion foregoing reliefs sought by the movant.
Within 5 years from the date of its entry
EXECUTION OF JUDGMENTS FOR MONEY (asked in the
When judgment/order may be executed by 2007 Bar Exam)
independent action
After the lapse of 5 years from date of its entry and Immediate payment on demand
before it is barred by the statute of limitations Procedure
The sheriff or executing officer demands from the
Note: The revived judgment may be enforced by judgment obligor the immediate payment of the
motion within five (5) years from the date of its entry full amount stated in the writ of execution and all
and thereafter by action before it is barred by the lawful fees.
statute of limitations.

ISSUANCE AND CONTENTS OF A WRIT OF EXECUTION [Rule


39, Sec. 8]
The judgment obligor shall pay in cash, certified
Writ of Execution bank check payable to the judgment obligee, or
(a) Issued in the name of of the Republic of the ANY OTHER FORM OF PAYMENT ACCEPTABLE
Philippines from the court which granted the TO THE LATTER (e.g., dacion en pago), the
motion; amount of the judgment debt under proper
(b) state the name of the court, the case number and receipt directly to the judgment obligee or his
title, the dispositive part of the subject judgment authorized representative if present at the time of
or order; and payment.
(c) require the sheriff or other proper officer to whom
it is directed to enforce the writ according to its
terms

Manner of Execution The lawful fees shall be handed under proper


(a) If the execution be against the property of the receipt to the executing sheriff who shall turn over
judgment obligor, to satisfy the judgment, with the said amount within the same day to the clerk
of court of the court that issued the writ.
interest, out of the real or personal property of
such judgment obligor;
(b) If it be against real or personal property in the
hands of personal representatives, heirs, devisees,
legatees, tenants, or trustees of the judgment
obligor, to satisfy the judgment, with interest, out
of such property;

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If the judgment obligee or his authorized If the judgment obligor cannot pay all or part
representative is not present to receive of the obligation in cash, certified bank check
payment, the judgment obligor shall deliver or other mode of payment acceptable to the
the aforesaid payment to the executing judgment obligee, the officer shall levy upon:
sheriff. The latter shall turn over all the (a) the properties of the judgment obligor of
amounts coming into his possession within every kind and nature whatsoever which
the same day to the clerk of court of the court may be disposed, of for value, and
that issued the writ, or if the same is not (b) not otherwise exempt from execution
practicable, deposit said amounts to a
fiduciary account in the nearest government
depository bank of the Regional Trial Court of
the locality.
The sheriff gives the judgment obligor the
option as to which of the property or part
thereof may be levied upon, sufficient to satisfy
the judgment.
The clerk of said court shall thereafter arrange
for the remittance of the deposit to the account
of the court that issued the writ whose clerk of
court shall then deliver said payment to the
judgment obligee in satisfaction of the
If the judgment obligor does not exercise the
judgment.
option, the officer shall first levy on the
personal properties, if any, and then on the real
properties if the personal properties are
insufficient to answer for the judgment.
The excess, if any, shall be delivered to the
judgment obligor while the lawful fees shall be
retained by the clerk of court for disposition as
provided by law. In no case shall the executing The sheriff shall sell only a sufficient portion of
sheriff demand that any payment by check be the personal or real property of the judgment
made payable to him. obligor which has been levied upon.

Satisfaction by levy
Nature
Levy means the act or acts by which an officer sets When there is more property of the judgment
apart or appropriates a part or the whole of the obligor than is sufficient to satisfy the judgment
property of the judgment debtor for purposes of the and lawful fees, he must sell only so much of
prospective execution sale [Llenares v. Vandevella the personal or real property as is sufficient to
(1966)]. satisfy the judgment and lawful fees.

If susceptible of appropriation, the officer removes


and takes the property for safekeeping; otherwise the
same is placed under sheriff’s guards. Without valid Levy Garnishment
levy having been made, any sale of the property
thereafter is void. seizure of property, the process of notifying a
personal and/or real, third person (the
belonging to the garnishee) to retain and
Procedure judgment debtor for attach the property he
subsequent execution has in his possession or
sale to satisfy judgment under his control
Garnishment is belonging to the
judgment debtor, to
make disclosure to the
court concerning the
same, and to dispose of

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Levy Garnishment The garnishee shall make a WRITTEN REPORT


to the court within five (5) days from service of
the same as the court the notice of garnishment stating whether or
shall direct to satisfy the not the judgment obligor has sufficient funds or
judgment. (Sec. 9, Rule credits to satisfy the amount of the judgment. If
39) not, the report shall state how much funds or
credits the garnishee holds for the judgment
Garnishment of debts and credits obligor.
Definition
Garnishment has been defined as a specie of
attachment for reaching credits belonging to the
judgment debtor and owing to him from a stranger
to the litigation [BPI v. Lee (2012)] The garnished amount in cash, or certified
bank check issued in the name of the judgment
Scope obligee, shall BE DELIVERED DIRECTLY TO
The officer may levy on debts due the judgment THE JUDGMENT OBLIGEE within ten (10)
obligor and other credits, including bank deposits, working days from service of notice on said
financial interests, royalties, commissions and other garnishee requiring such delivery, except the
personal property not capable of manual delivery in lawful fees which shall be paid directly to the
the possession or control of third parties. court.

The process of levying shall be called garnishment if


the property involved is money, stocks, or other
incorporeal property in the HANDS OF THIRD In the event there are two or more garnishees
PERSONS. Garnishment merely sets apart such holding deposits or credits sufficient to satisfy
funds but does not constitute the creditor as owner the judgment, the judgment obligor, if
of the garnished property. available, shall have the right to indicate the
garnishee or garnishees who shall be required
Garnishment is not a violation of RA 1405 on the to deliver the amount due, otherwise, the
secrecy of bank deposits. [Chinabank v. Ortega choice shall be made by the judgment obligee.
(1973)]

Notes: Upon service of the writ of garnishment, the


garnishee becomes a “virtual party” or “forced
intervenor” to the case and the trial court thereby The executing sheriff shall observe the same
acquires jurisdiction to bind the garnishee to comply procedure under IMMEDIATE PAYMENT ON
with its orders and processes. [BPI v. Lee (2012)] DEMAND with respect to delivery of payment to
the judgment obligee.
UP’s funds, being government funds, are not subject
to garnishment. Moreover, The execution of the
monetary judgment against the UP was within the EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS
primary jurisdiction of the COA. [UP v. Dizon (2012)] Conveyance, delivery of deeds, or other specific acts
Under this situation, there is a judgment which
Procedure directs a party to execute a conveyance of land or
personal property, or to deliver deeds or other
Levy shall be made by SERVING NOTICE documents, or to perform, any other specific act IN
UPON THE PERSON OWING SUCH DEBTS OR CONNECTION THEREWITH.
HAVING IN HIS POSSESSION OR CONTROL
SUCH CREDITS TO WHICH THE JUDGMENT If the party so ordered fails to comply within a
OBLIGOR IS ENTITLED. The garnishment shall specified period, there are two possible remedies.
cover only such amount as will satisfy the Either:
judgment and all lawful fees. (a) the court may DIRECT THE ACT TO BE DONE AT
THE COST OF THE DISOBEDIENT PARTY by
some other person appointed by the court and
the act when so done shall have like effect as if
done by the party, or

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(b) if real or personal property is situated within the is rendered, or upon any other person required
Philippines, the court in lieu of directing a thereby, or by law, to obey the same, and such party
conveyance thereof may by an order divest the or person may be punished for contempt if he
title of any party and vest it in others, which shall disobeys such judgment.
have the force and effect of a conveyance
executed in due form of law. Special judgments are those which can be complied
with by the judgment obligor because of his personal
Sale of real or personal property qualifications or circumstances (e.g., a judgment
If judgment is rendered ordering the sale of real or ordering a partner to render an accounting, a
personal property, an order for execution shall be judgment ordering a party to comply with his
issued describing such property as may be ordered recording contract otherwise, pay damages).
sold, selling it, and applying the proceeds in
conformity with the judgment’s instructions. Note the difference with sections 9 and 10 (on
execution of money judgments and specific acts)
Delivery or restitution of real property where contempt is not a remedy against
The officer shall demand of the person against disobedience by a party.
whom the judgment for the delivery or restitution of
real property is rendered and all persons claiming EFFECT OF LEVY ON THIRD PERSONS [Rule 39, Sec. 12]
rights under him to peaceably vacate the property Effect
within three (3) working days, and restore possession The levy on execution shall create a lien in favor of
thereof to the judgment obligee. the judgment obligee over the right, title and interest
of the judgment obligor in such property at the time
Otherwise, the officer shall oust all such persons of the levy, subject to liens and encumbrances then
therefrom with the assistance, if necessary, of existing.
appropriate peace officers, and employing such
means as may be reasonably necessary to retake PROPERTIES EXEMPT FROM EXECUTION
possession, and place the judgment obligee in General rule: Except as otherwise expressly provided
possession of such property. by law, the following property, and no other, shall be
exempt from execution: (FOTNUP-LBS-GMRE)
Any costs, damages, rents or profits awarded by the (a) The judgment obligor's family home as provided
judgment shall be satisfied in the same manner as a by law, or the homestead in which he resides,
judgment for money. and land necessarily used in connection
therewith;
Removal of improvements on property subject of (b) Ordinary tools and implements personally used
execution by him in his trade, employment, or livelihood;
When the property subject of the execution contains (c) Three horses, or three cows, or three carabaos,
improvements constructed or planted by the or other beasts of burden, such as the judgment
judgment obligor or his agent, the officer shall not obligor may select necessarily used by him in his
destroy, demolish or remove said improvements ordinary occupation;
except upon special order of the court, issued upon (d) His necessary clothing and articles for ordinary
motion of the judgment obligee after the hearing personal use, excluding jewelry;
and after the former has failed to remove the same (e) Household furniture and utensils necessary for
within a reasonable time fixed by the court. housekeeping, and used for that purpose by the
judgment obligor and his family, such as the
Delivery of personal property judgment obligor may select, of a value not
In judgment for the delivery of personal property, the exceeding one hundred thousand pesos;
officer shall take possession of the same and (f) Provisions for individual or family use sufficient
forthwith deliver it to the party entitled thereto and for four months;
satisfy any judgment for money as therein provided. (g) The professional libraries and equipment of
judges, lawyers, physicians, pharmacists,
EXECUTION OF SPECIAL JUDGMENTS dentists, engineers, surveyors, clergymen,
When a judgment requires the performance of any teachers, and other professionals, not exceeding
act other than those mentioned in the two preceding three hundred thousand pesos in value;
sections (execution of judgment for money and specific (h) One fishing boat and accessories not exceeding
acts), a certified copy of the judgment shall be the total value of one hundred thousand pesos
attached to the writ of execution and shall be served owned by a fisherman and by the lawful use of
by the officer upon the party against whom the same which he earns his livelihood;

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(i) So much of the salaries, wages, or earnings of with the court and copies thereof promptly furnished
the judgment obligor for his personal services the parties. [Rule 39, Sec. 12]
within the four months preceding the levy as are
necessary for the support of his family; Notice Requirement
(j) Lettered gravestones; Before the sale of property on execution, notice
(k) Monies, benefits, privileges, or annuities thereof must be given as follows:
accruing or in any manner growing out of any (a) In case of perishable property, by posting written
life insurance; notice of the time and place of the sale in three
(l) The right to receive legal support, or money or (3) public places, preferably in conspicuous areas
property obtained as such support, or any of the (CPM) municipal or city hall, post office and
pension or gratuity from the Government; public market in the municipality or city where
(m) Properties specially exempted by law. (e.g., the sale is to take place, for such time as may be
property mortgaged to the DBP [Section 26, CA reasonable, considering the character and
458]; savings of national prisoners deposited condition of the property;
with the POSTAL SAVINGS BANK [Act 2489]; (b) In case of other personal property, by posting a
benefits from private retirement systems of similar notice in the three (3) public places above-
companies and establishments with limitations mentioned for not less than five (5) days;
[RA 4917]; laborer’s wages except for debts (c) In case of real property, by posting for twenty (20)
incurred for food, shelter, clothing and medical days in the three (3) public places
attendance [ART 1708, CIVIL CODE]; benefit abovementioned a similar notice particularly
payments from SSS [Section 16, RA 1161 AS describing the property and stating where the
AMENDED]) property is to be sold, and if the assessed value of
the property exceeds fifty thousand (P50,000.00)
Exception: However, no article or species of property pesos, by publishing a copy of the notice once a
mentioned in this section shall be exempt from: week for two (2) consecutive weeks in one
(a) execution issued upon a judgment recovered for newspaper selected by raffle, whether in English,
its price, or Filipino, or any major regional language
(b) upon a judgment of foreclosure of a mortgage published, edited and circulated or, in the
thereon. absence thereof, having general circulation in the
province or city;
Herrera v. Mcmicking (1909): The exemptions MUST (d) In all cases, written notice of the sale shall be
BE CLAIMED, otherwise they are deemed waived. It given to the judgment obligor, at least three (3)
is not the duty of the sheriff to set off the exceptions days before the sale, except as provided in
on his own initiative. paragraph (a) hereof where notice shall be given
the same manner as personal service of
Return of Writ of Execution pleadings and other papers as provided by
The writ of execution shall be returnable to the court section 6 of Rule 13.
issuing it immediately after the judgment has been
satisfied in part or in full. The notice shall specify the place, date and exact
time of the sale which should not be earlier than nine
If the judgment cannot be satisfied in full within o'clock in the morning and not later than two o'clock
thirty (30) days after his receipt of the writ, the officer in the afternoon (9am-2pm).
shall report to the court and state the reason
therefor. The place of the sale MAY BE AGREED UPON BY
THE PARTIES. In the absence of such agreement, the
Such writ shall continue in effect during the period sale of the property or personal property not capable
within which the judgment may be enforced by of manual delivery shall be held in the office of the
motion. clerk of court of the Regional Trial Court or the
Municipal Trial Court which issued the writ of or
The officer shall make a report to the court every which was designated by the appellate court.
thirty (30) days on the proceedings taken thereon
until the judgment is satisfied in full, or its effectivity In the case of personal property capable of manual
expires. delivery, the sale shall be held in the place where the
property is located. [Rule 39, Sec. 15]
The returns or periodic reports shall set forth the
whole of the proceedings taken, and shall be filed

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PENALTIES How property sold on execution (See table on Service


(Selling without notice and defacing notice) of summons upon different entities)
An officer selling without A person willfully
the notice prescribed by removing or defacing the PROCEEDINGS WHERE PROPERTY IS CLAIMED
section 15 of this Rule notice posted BY THIRD PERSONS
pay punitive damages in if done before the sale, or
the amount of P5,000 before the satisfaction of IN RELATION TO THIRD PARTY CLAIM IN ATTACHMENT AND
to any person injured the judgment if it be REPLEVIN
thereby, in addition to satisfied before the sale, Remedies of a Third-Party Claimant
his actual damages, shall be liable to pay (a) Summary hearing before the court which
both to be recovered by P5,000 to any person authorized the execution
motion in the same injured by reason thereof, (b) “Terceria” or third-party claim filed with the
action in addition to his actual sheriff
damages, to be (c) Action for damages on the bond posted by the
recovered by motion in judgment creditor
the same action (d) Independent reivindicatory action

Preventing Execution Sale The aforementioned are cumulative remedies and


At any time before the sale of property on execution, may be resorted to by a third-party claimant
the judgment obligor may prevent the sale by paying independently of or separately from and without
the amount required by the execution and the costs need of availing of the others. [Sy v. Discaya (1990)]
that have been incurred therein. [Rule 39, Sec. 18]
(a) This is akin to the equitable right of redemption Rules regarding terceria (third-party claims) (asked in
under Rule 68, which is available to the judgment the 2000 & 2005 bar exams)
obligor in judicial foreclosure of mortgage.
(b) The difference lies in the fact that under Rule 68, The third person whose property was levied on
a definite period is given. must make an affidavit of his title thereto or
right to the possession thereof stating the
Concluding the Execution Sale grounds of such right or title. He must serve
When the purchaser is the judgment obligee, and no the same upon the officer making the levy and
third-party claim has been filed, he need not pay the copy thereof upon the judgment obligee. The
amount of the bid if it does not exceed the amount of officer shall not be bound to keep the property
his judgment. If it does, he shall pay only the excess. as a general rule.
[Rule 39, Sec. 21]

By written consent of the judgment obligor and


obligee, or their duly authorized representatives, the
Sheriff is bound to keep the property when the
officer may adjourn the sale to any date and time
judgment obligee, on demand of the officer,
agreed upon by them. Without such agreement, he
files a bond approved by the court to indemnify
may adjourn the sale from day to day if it becomes
the third-party claimant in a sum not less than
necessary to do so for lack of time to complete the
the value of the property levied on.
sale on the day fixed in the notice or the day to which
it was adjourned [Rule 39, Sec. 22]. Written consent is
essential, otherwise the adjournment will be void
[Abrozar v. IAC (1988)]
In case of disagreement as to such value of the
Upon a sale of real property, the officer must give to bond, the same shall be determined by the
the purchaser a certificate of sale containing: court issuing the writ of execution.
(a) A particular description of the real property sold; No claim for damages for the taking or keeping of the
(b) The price paid for each distinct lot or parcel; property
Apart frommay be enforced
Rule 39, theagainst
only the bondprovisions
other unless the of the
(c) The whole price paid by him; action therefor is filed within one hundred twenty (120) days
Rules of date
Court dealing
(d) A statement that the right of redemption expires from the of the filing of with terceria or third party
the bond.
claims are Rule 57, Sec. 14 on preliminary
one (1) year from the date of the registration of attachment andnot
The officer shall Rule 60, Sec.
be liable 7 on replevin.
for damages for the taking or
the certificate of sale. Such certificate must be keeping of the property, to any third-party claimant if such
registered in the registry of deeds of the place bond is filed
where the property is situated. [Rule 39, Sec. 25] Northern Motors v. Coquia (1975): The third party
claimant CANNOT APPEAL NOR AVAIL OF

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CERTIORARI AS A REMEDY in the event that his (e) The right of redemption is transferable and may
claim was denied since HE IS A NONPARTY to the be voluntarily sold [Gomez v. La Germinal (1918)]
original action. but said right cannot be levied upon by the
judgment creditor. The creditor may not deprive
Intervention by a third-party claimant whose the debtor of any further rights to the property
property had been levied upon by the sheriff in the [Lichauco v. Olegario (1922)]
action from which the writ pursuant to which the levy
was made was issued must be made before rendition (f) In effecting redemption, the mortgagor has the
of judgment by the trial court. He can no longer duty of tendering payment (actual tender of
intervene once the trial court already issues a writ of payment of the redemption price) before the
execution. [Bautista] redemption period expires. [Banco Filipino
Savings and Mortgage Bank v. CA (2005)]
RULES ON REDEMPTION However, neither to make an offer to redeem nor
(a) There is no right of redemption where the to make tender of payment of the repurchase
property sold at judicial sale is personal property. price is necessary when the right to redeem is
exercised through the filing of a complaint to
(b) Real property sold or any part thereof sold redeem. The filing of an action to redeem within
separately, may be redeemed in the manner that period is equivalent to a formal offer to
hereinafter provided, by the following persons: redeem. [Vda. de Panaligan v. CA (1996)]
(1) The judgment obligor; or his successor in
interest in the whole or any part of the (g) Redemption price varies depending on who the
property; redemptioner is:
(2) A creditor having a lien by virtue of an (1) If judgment obligor: Purchase price
attachment, judgment or mortgage on the (i) 1 % interest thereon up to the time of
property sold, or on some part thereof, redemption
subsequent to the lien under which the (ii) Any amount of assessments or taxes which
property was sold. Such redeeming creditor is the purchaser may have paid thereon after
termed a redemptioner. [Rule 39, Sec. 27] purchase and interest on such last named
amount at the same rate.
(c) Redemption can be made by either: (iii) If the purchaser be also a creditor having
(1) JUDGMENT OBLIGOR, within one year from prior lien to that of the redemptioner, other
the date of registration of the certificate of than the judgment under which such
sale purchase was made, the amount of such
(2) REDEMPTIONER, within one year from the other lien, with interest.
date of registration of the certificate of sale; or
within 60 days from the last redemption by (2) If redemptioner: Amount paid on the last
another redemptioner. redemption
(3) BUT IN ALL CASES, the judgment obligor (i) 2% interest thereon.
shall have the entire period of 1 YEAR from the (ii) Any amount of assessments or taxes which
date of registration of the sale to redeem the the last redemptioner may have paid thereon
property. after redemption by him with interest on
(4) IF THE JUDGMENT OBLIGOR REDEEMS, no such last named amount;
further redemption is allowed and he is (iii) Amount of any liens held by said last
restored to his estate. redemptioner prior to his own with interest
(5) THE PERIOD FOR REDEMPTION IS NOT
SUSPENDED by an action to annul the EFFECTS OF REDEMPTION
foreclosure sale. [Rule 39, Sec. 29]
(a) If the judgment obligor redeems he must make
(d) If the certificate of sale is not registered, the the same payments as are required to effect a
period for redemption does not run [Garcia v. redemption by a redemptioner, whereupon, no
Ocampo (1959)]. But where parties agreed on the further redemption shall be allowed and he is
date of redemption, the statutory period for legal restored to his estate.
redemption was converted into one of (b) The person to whom the redemption payment is
conventional redemption and the period binding made must execute and deliver to him a
on them is that agreed upon. [Lazo v. Republic certificate of redemption acknowledged before a
Surety & Insurance Co., Inc (1970)] notary public or other officer authorized to take

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acknowledgments of conveyances of real (3) Use the property in the same manner it was
property. previously used;
(c) Such certificate must be filed and recorded in the (4) Make Necessary repairs to buildings thereon
registry of deeds of the place in which the while he occupies the property
property is situated and the registrar of deeds (5) Use it in the ordinary course of husbandry
must note the record thereof on the margin of the (6) Collect rents, earnings and income derived
record of the certificate of sale. from the property until the expiration of
(d) The payments mentioned in this and the last period of redemption.
preceding sections may be made to the purchaser
or redemptioner, or for him to the officer who [Rule 39, Sec. 33]
made the sale. (a) If no redemption be made within one (1) year from
the date of the registration of the certificate of
[Rule 39, Sec. 30] sale, the purchaser is entitled to a conveyance
A redemptioner must produce to the officer, or and possession of the property; or,
person from whom he seeks to redeem, and serve (b) if so redeemed whenever sixty (60) days have
with his notice to the officer elapsed and no other redemption has been
(a) a copy of the judgment or final order under which made, and notice thereof given, and the time for
he claims the right to redeem, certified by the redemption has expired, the last redemptioner is
clerk of the court wherein the judgment or final entitled to the conveyance and possession;
order is entered, OR, (c) but in all cases the judgment obligor shall have
(b) if he redeems upon a mortgage or other lien, a the entire period of one (1) year from the date of
memorandum of the record thereof, certified by the registration of the sale to redeem the
the registrar of deeds, OR property.
(c) an original or certified copy of any assignment (d) The deed shall be executed by the officer making
necessary to establish his claim; AND the sale or by his successor in office, and in the
(d) an affidavit executed by him or his agent, latter case shall have the same validity as though
showing the amount then actually due on the the officer making the sale had continued in
lien. office and executed it.
(e) Upon the expiration of the right of redemption,
[Rule 39, Sec. 31] the purchaser or redemptioner shall be
(a) Until the expiration of the time allowed for substituted to and acquire all the rights, title,
redemption, the court may, as in other proper interest and claim of the judgment obligor to the
cases, restrain the commission of waste on the property as of the time of the levy.
property by injunction, on the application of the (f) The possession of the property shall be given to
purchaser or the judgment obligee, with or the purchaser or last redemptioner by the same
without notice; officer unless a third party IS ACTUALLY
(b) but it is not waste for a person in possession of HOLDING THE PROPERTY adversely to the
the property at the time of the sale, or entitled to judgment obligor.
possession afterwards, during the period allowed
for redemption, to continue to use it in the same RECOVERY OF PURCHASE PRICE AND REVIVAL OF
manner in which it was previously used, or to use JUDGMENT:
it in the ordinary course of husbandry; or to make (a) A judgment co-debtor may compel a contribution
the necessary repairs to buildings thereon while from the others:
he occupies the property. (1) When property liable to an execution against
(c) The purchaser or a redemptioner shall not be several persons is sold thereon, and
entitled to receive the rents, earnings and income (2) more than a due proportion of the judgment
of the property sold on execution, or the value of is satisfied out of the proceeds of the sale of
the use and occupation thereof when such the property of one of them, or
property is in the possession of a tenant. (3) one of them pays, without a sale, more than
(d) All rents, earnings and income derived from the his proportion,
property pending redemption shall belong to the (b) A surety may compel repayment from the
judgment obligor until the expiration of his period principal:
of redemption. In all, the judgment debtor shall
exercise the following rights: When a judgment is upon an obligation of one of
(1) Remain in possession of the property them, as security for another, and the surety pays
(2) He cannot be ejected; the amount, or any part thereof, either by sale of
his property or before sale. [Section 35, Rule 39].

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from execution or forbid a transfer or


EXAMINATION OF JUDGMENT OBLIGOR WHEN disposition or interference with such property
JUDGMENT IS UNSATISFIED [Rule 39, Sec. 36] [Sec. 41]
(3) if the court finds the judgment debtor had an
WHEN EXAMINATION MAY BE MADE ascertainable interest in real property either
Any time after a return, stating that the judgment as mortgagor, mortgagee or otherwise, and
remains unsatisfied, in whole or in part, is made his interest can be ascertained without
controversy, the court may order a sale of such
HOW interest [Sec. 42].
Court issued an order requiring the judgment obligor (4) if the person alleged to have the property of
to appear and be examined concerning his property the judgment debtor or be indebted to him,
and income before such court or before a claims an adverse interest in the property or
commissioner appointed by it, at a specified time denies the debt, the court may authorize the
and place; and proceedings may thereupon be had judgment creditor to institute an action to
for the application of the property and income of the recover the property, forbid its transfer and
judgment obligor towards the satisfactions of the may punish disobedience for contempt [Sec.
judgment. 43]

Note: Judgment obligor may not be required to ENTRY OF SATISFACTION


appear before a court or commissioner outside the Satisfaction of a judgment shall be entered by the
province or city in which such obligor resides or is clerk of court in the court docket, and in the
found. execution book,
(a) upon the return of a writ of execution showing the
EXAMINATION OF OBLIGOR OF JUDGMENT full satisfaction of the judgment, or
OBLIGOR (b) upon the filing of an admission to the satisfaction
of the judgment executed and acknowledged in
DOES A PARTY LITIGANT ENJOY ANY DISCOVERY RIGHTS the same manner as a conveyance of real
AFTER THE PROMULGATION OF FINAL AND EXECUTORY property by the judgment obligee or by his
JUDGMENT? counsel
Yes. See Secs. 36-38, Rule 39 [Bautista] (c) UNLESS a revocation of his authority is filed, or
upon the endorsement of such admission by the
REMEDIES OF JUDGMENT CREDITOR IN AID OF EXECUTION judgment obligee or his counsel, on the face of
[Secs. 36-43] the record of the judgment. [Rule 39, Sec. 44]
(Asked in the 2008 Bar Exam particularly steps to be
taken if writ of execution is unsatisfied) Whenever a judgment is satisfied in fact, or otherwise
(a) If the execution is returned unsatisfied, he may than upon an execution on demand of the judgment
cause the examination of the judgment debtor as obligor,
to his property and income [Sec. 36] (asked in the (a) the judgment obligee or his counsel must execute
2002 bar exam) and acknowledge, or indorse an admission of the
(b) He may cause examination of the debtor of the satisfaction as provided in the last preceding
judgment debtor as to any debt owed by him or section,
to any property of the judgment debtor in his (b) and after notice and upon motion the court may
possession [Sec. 37]. order either the judgment obligee or his counsel
(c) If after examination, the court finds the property to do so, or may order the entry of satisfaction to
of the judgment debtor either in his own hands or be made without such admission. [Rule 39, Sec.
that of any person, the court may order the 45]
property applied to the satisfaction of the
judgment. EFFECT OF JUDGMENT OR FINAL ORDERS
(d) A party or other person may be compelled by an
order or subpoena to attend before the court or RES JUDICATA IN JUDGMENTS IN REM
commissioner to testify as provided in sect 36-37.
(1) if the court finds the earnings of the judgment Judgments or final order Conclusive as to
debtor are more than sufficient for his family’s
needs, it may order payment in installments Against a specific thing Title of the thing
[Sec. 40]
(2) the court may appoint a receiver for the
property of the judgment debtor not exempt

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(c) it must be a judgment on the merits


Judgments or final order Conclusive as to (d) there must be, between the first and second
actions, identity of parties, subject matter and
Probate of a will or The will or causes of action [Perez v. CA (2005)]
administration of the administration. However,
estate of a deceased the probate of a will or RES JUDICATA V. “LAW OF THE CASE” V. STARE DECISIS
person granting of letters of [Ayala Corporation V. Rosa-Diana Realty, (2000)]
administration shall only Res Judicata “Law of the Stare Decisis
be prima facie evidence Case”
of the death of the The ruling in Operates only in
testator or intestate; one case is the particular
IN RESPECT TO THE Condition, status or carried over and single case
PERSONAL, political, or relationship of the to another where the ruling
legal condition or status person, case between arises and is not
of a particular person or the same carried into
his relationship to parties other cases as a
another precedent
The ruling Once a point of
RES JUDICATA IN JUDGMENTS IN PERSONAM adhered to in law has been
In other cases, the judgment or final order is, with the particular established by
respect to the matter directly adjudged or as to any case need not the court, that
other matter that could have been missed in relation be followed as a point of law will,
thereto, conclusive: precedent in generally, be
(a) between the parties and subsequent followed by the
(b) their successors in interest, by title subsequent to litigation same court and
the commencement of the action or special between other by all courts of
proceeding, litigating for the same thing and parties lower rank in
under the same title and in the same capacity. subsequent
cases where the
CONCLUSIVENESS OF JUDGMENT/PRECLUSION OF ISSUES same legal issue
(AUTER ACTION PENDANT) is raised
In any other litigation between the same parties or
their successors in interest, that only is deemed to ENFORCEMENT AND EFFECT OF FOREIGN
have been adjudged in a former judgment or final JUDGMENTS OR FINAL ORDERS
order which appears upon its face to have been so
adjudged, or which was actually and necessarily EFFECT OF FOREIGN JUDGMENTS (Asked in the 2005 Bar
included therein or necessary thereto. Exam)
(a) In case of a judgment or final order upon a
specific thing, the judgment or final order, is
Bar by former judgment Conclusiveness of conclusive upon the title to the thing [Rule 39,
(res judicata) judgment Sec. 48]
(b) In case of a judgment or final order against a
There is identity of Identity of parties and person, the judgment or final order is
parties, subject matter subject matter. presumptive evidence of a right as between the
and causes of action parties and their successors in interest by a
The first judgment The first judgment is subsequent title [Rule 39, Sec. 48]
constitutes an absolute conclusive only as to (c) In either case, the judgment or final order may be
bar to all matters matters directly repelled by evidence of a want of jurisdiction,
directly adjudged and adjudged and actually want of notice to the party, collusion, fraud, or
those that might have litigated in the first clear mistake of law or fact [Rule 39, Sec. 48]
been adjudged. action. Second action (d) Such limitation on the review of foreign judgment
can be prosecuted. is adopted in all legal systems to avoid repetitive
litigation on claims and issues, prevent
REQUISITES OF RES JUDICATA harassment of the parties and avoid undue
(a) finality of the former judgment; imposition on the courts.
(b) the court which rendered it had jurisdiction over (e) This policy of preclusion rests on principles of
the subject matter and the parties comity, utility and convenience of nations.

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(f) As a generally accepted principle of international PURPOSES


law, it is part of the law of the Philippines by (a) To seize the property of the debtor in advance of
virtue of the Incorporation Clause [Section 2, final judgment and to hold it for purposes of
Article II of the 1987 Constitution] [Regalado] satisfying the said judgment.
(b) To enable the court to acquire jurisdiction over
the action by the actual or constructive seizure of
Provisional Remedies the property in those instances where personal
service of summons on the creditor cannot be
effected. [Quasha v. Juan (1982)]
NATURE OF PROVISIONAL REMEDIES
DEFINITION GROUNDS FOR ISSUANCE OF WRIT OF ATTACHMENT [Rule
Writs and processes available during the pendency 57, Sec. 1] (Asked in 2001 and 2005)
of the action which may be resorted to by a litigant
for the preservation or protection of their rights and There are only specific situations where preliminary
interests therein pending rendition, and for purposes attachment may issue:
of the ultimate effects, of a final judgment in the (a) Action for recovery of a specified amount of
case; also known as ancillary or auxiliary remedies. money or damages, EXCEPT moral and
exemplary,
They are applied to a pending litigation, for the (1) on a cause of action arising from law, contract,
purpose of securing the judgment or preserving the quasi-contract, delict, or quasi-delict
status quo, and in some cases after judgment, for the (2) against a party who is about to depart from
purpose of preserving or disposing of the subject the Philippines with intent to defraud his
matter. [Calo v. Roldan (1946)] creditors;

Orders granting or denying provisional remedies are (b) Action for money or property, embezzled or
merely interlocutory and cannot be the subject of an fraudulently misapplied or converted to his own
appeal. They may however be challenged before a use by either:
superior court through a petition for certiorari under (1) a public officer, an officer of a corporation, an
Rule 65. attorney, factor, broker, agent, or clerk, in the
course of his employment as such,
JURISDICTION OVER PROVISIONAL REMEDIES (2) OR by any other person in a fiduciary capacity,
All inferior courts can grant appropriate provisional or for a willful violation of duty;
remedies provided that the main action is within
their jurisdiction. [B.P. 129, Section 33] (c) Action to recover the possession of property
unjustly or fraudulently taken, detained or
PRELIMINARY ATTACHMENT (Asked in the 2002 converted,
Bar Exam)
when the property, or any part thereof, has been
DEFINITION concealed, removed, or disposed of to prevent its
A provisional remedy issued upon order of the court being found or taken by the applicant or an
where an action is pending to be levied upon the authorized person;
property of the defendant so the property may be
held by the sheriff as security for the satisfaction of NOTE: rule makes no distinction between real
whatever judgment may be rendered in the case and personal property [Riano]
[Davao Light v CA ](1991)
(d) Action against a party who has been guilty of a
A preliminary attachment may be applied for fraud in contracting the debt or incurring the
(a) at the commencement of the action or obligation upon which the action is brought, OR
(b) at any time before the entry of judgment. in the performance thereof;

It may be applied for by the plaintiff OR any proper NOTE: the delivery of counterfeit money or
party (including a defendant who filed a knowingly issuing a bounced check are
counterclaim, cross-claim, or a third party complaint) considered as grounds under this rule [Riano]

(e) Action against a party who has removed or


disposed of his property, or is about to do so,
AND with intent to defraud his creditors; or

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by the court in which the action is pending,


(f) Action against a party who does not reside and is
not found in the Philippines, OR on whom It must require the sheriff of the court to attach so
summons may be served by publication. much of the property in the Philippines of the party
against whom it is issued, not exempt from
Note: the rule also refers to persons on whom execution, as may be sufficient to satisfy the
summons may be served by publication and applicant's demand, EXCEPT if such party makes
against whose property, preliminary attachment deposit or gives bond in an amount equal to that
may be availed of such as: fixed in the order. The amount may be
(1) Residents defendants whose identity or whose (a) sufficient to satisfy applicant’s demand, or
whereabouts are unknown [Rule 14, Sec. 14] (b) the value of the property to be attached,
(2) Resident defendants who are temporarily out exclusive of costs.
of the country [Rule 14, Sec. 16]
Several writs may be issued at the same time to the
Note: A writ of preliminary attachment is too harsh a sheriffs of the courts of different judicial regions.
provisional remedy to be issued based on
mere abstractions of fraud. Rather, the rules require Contents of affidavit of applicant [Rule 57, Sec. 3]
that for the writ to issue, there must be a recitation of An order of attachment shall be granted only when it
clear and concrete factual appears in the affidavit that:
circumstances manifesting that the debtor practiced (a) a sufficient cause of action exists
fraud upon the creditor at the time of the execution (b) the case is one of those mentioned in Rule 57.1
of their agreement in that said debtor had a (c) there is no other sufficient security for the claim
preconceived plan or intention not to pay the sought to be enforced by the action
creditor. [Equitable v. Special Steel (2012)] (d) the amount due to the applicant or the value of
the property the possession of which he is
Stages in the grant of preliminary attachment entitled to recover, is as much as the sum for
(a) The court issues the order granting the which the order is granted above all legal
application counterclaims.
(b) The writ of attachment issues pursuant to the
order granting the writ The affidavit and the bond must be filed with the
(c) The writ is implemented court before the order issues.

For the first two stages, jurisdiction over the person Condition of applicant’s bond [Rule 57, Sec. 4]
of the defendant is NOT necessary. However, once Applicant must give a bond executed to the adverse
the implementation of the writ commences, the party in the amount fixed by the court in its order
court must have acquired jurisdiction over the granting the issuance of the writ conditioned that the
defendant. [Cuartero, supra] applicant will pay:
(a) all the costs which may be adjudged to the
REQUISITES adverse party and
(a) Case must be any of those where preliminary (b) all damages which the adverse party may sustain
attachment is proper by reason of the attachment if the court shall
(b) Applicant must file a motion (ex parte or with finally adjudge that the applicant was not
notice and hearing) entitled thereto.
(c) Applicant must show by affidavit (under oath)
that there is no sufficient security for the claim Note: the bond shall only be applied to all damages
sought to be enforced; sustained due to the attachment. It cannot answer
(d) Applicant must post an attachment bond for those that do not arise by reason of the
executed to the adverse party (Rule 57, Sec. 3) attachment [Riano].

ISSUANCE AND CONTENTS OF ORDER OF ATTACHMENT; RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF


AFFIDAVIT AND BOND SUMMONS
General Rule: A writ of attachment may be issued ex
Issuance and contents of order of attachment [Rule parte even before the summons is served upon the
57, Sec. 2] defendant. BUT a writ may not be implemented until
An order of attachment may be issued EITHER jurisdiction over the person is acquired by service of
(a) ex parte or summons. Otherwise, the implementation is null and
(b) upon motion with notice and hearing void. [Riano]

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Exceptions to Contemporaneous Service of any, or with such other person or his agent if
Summons: [Rule 57, Sec. 5] found within the province.
(a) Summons could not be served personally or by
substituted service despite diligent efforts, or Where the property has been brought under the
(b) Defendant is a resident of the Philippines operation of either the Land Registration Act or
temporarily absent therefrom, or the Property Registration Decree, the notice
(c) Defendant is a non-resident, or shall contain a reference to the number of the
(d) The action is in rem or quasi in rem. certificate of title, the volume and page in the
registration book where the certificate is
Sheriff’s Return [Rule 57, Sec. 6] registered, and the registered owner or owners
The sheriff, after enforcing the writ, shall make a thereof.
return to the court which issued the writ stating the
ff: (b) Personal property capable of manual delivery
(a) a full statement of his proceedings under the writ by taking and safely keeping it in the sheriff’s
(b) a complete inventory of the property attached, custody, after issuing the corresponding receipt
together with any counter-bond given by the therefor;
party against whom attachment is issued
(c) Stocks or shares, or an interest in stocks or shares,
The sheriff shall serve copies of the return to the of any corporation or company
applicant.
by leaving with the president or managing agent
MANNER OF ATTACHING REAL AND PERSONAL PROPERTY; thereof,
WHEN PROPERTY ATTACHED IS CLAIMED BY THIRD PERSON (1) a copy of the writ, and
(2) a notice stating that the stock or interest of
Manner of attaching property [Rule 57, Sec. 5] the party against whom the attachment is
The sheriff enforcing the writ shall attach only so issued is attached in pursuance of such writ;
much of the property in the Philippines of the
adverse party not exempt from execution as may be (d) Debts and credits, including bank deposits, financial
sufficient to satisfy the applicant’s demand, UNLESS interest, royalties, commissions, and other personal
(a) Party against whom writ is issued makes a property not capable of manual delivery
deposit with the court from which the writ is
issued, or by leaving with the person owing such debts, or
(b) He gives a counter-bond executed to the having in his possession or under his control, such
applicant credits or other personal property, or with his
agent,
The levy on attachment shall be preceded or (1) a copy of the writ, and
contemporaneously accompanied by service on the (2) A notice that the debts owing by him to the
defendant within the Philippines of: party against whom attachment is issued, and
(a) summons the credits and other personal property in his
(b) copy of complaint possession, or under his control, belonging to
(c) application for attachment said party, are attached in pursuance of such
(d) affidavit and bond of applicant writ;
(e) order and writ of attachment.
(e) Interest of the party whom attachment is issued in
Manner of attachment of real and personal property property belonging to the estate of the decedent
[Rule 57, Sec. 7]: (1) by serving the executor or administrator or
(a) Real property, or growing crops thereon, or any other personal representative of the decedent
interest therein with a copy of the writ and notice that said
(1) filing with the registry of deeds: interest is attached and
(i) a copy of the order, together with a (2) By filing a copy of the writ and notice in the
description of the property attached, office of the clerk of the court in which said
(ii) notice that it is attached, or that such real estate is being settled and served upon the
property and any interest therein held by or heir, legatee or devisee concerned.
standing in the name of such other person
are attached, Note:
(2) leaving a copy of such order, description, and Property in custodia legis may be attached by:
notice with the occupant of the property, if

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(a) filing a copy of the writ of attachment with the


proper court or quasi-judicial agency
(b) Serving a notice of attachment upon the Perla Compania v. Ramolete, 1991: Service of
custodian of the property [Rule 57, Sec. 7] summons upon the garnishee is not necessary. All
that is necessary is the service upon him of the writ of
A previously attached property may also be garnishment, as a consequence of which he becomes
subsequently attached. But the first attachment a virtual party or a forced intervenor in the case.
shall have priority over subsequent attachments.
[Riano] Attachment of interest in property belonging to the
estate of a decedent [Rule 57, Sec. 9]
Proceedings Where Attached Property Claimed By The attachment of the interest of an heir, legatee, or
Third Person devisee in the property belonging to the estate of a
A third person who has a claim to the property decedent shall not impair the power of the executor,
attached may avail of the following remedies: administrator, or other personal representative of the
(a) By terceria – making an affidavit of his title or decedent over such property for the purpose of
right to possession, stating the grounds of such administration.
right or title. The affidavit must be served upon
the sheriff and the attaching procedure [Rule 57, When any petition for distribution is filed, such
Sec. 14] personal representative shall report the attachment
to the court, and in the order made upon such
Note: the same procedure under Rule 39, Sec. 16 is petition, distribution may be awarded to such heir,
followed legatee, or devisee, but the property attached shall
be ordered delivered to the sheriff making the levy,
(b) Motion for summary hearing on his claim subject to the claim of such heir, legatee, or devisee,
(c) File a separate action to nullify the levy with or any person claiming under him.
damages due to the unlawful levy and seizure.
Sale of attached property
The remedies stated are CUMULATIVE and any one Whenever it shall be made to appear to the court in
of them may be resorted to without availing of the which the action is pending, upon hearing with
other remedies [Ching v. CA (2004)] notice to both parties, that
(a) the party attached is perishable, or that
Effects of attachment (b) the interests of all the parties to the action will be
Attachment of debts, credits and all other similar will be subserved by the sale thereof,
personal property [Rule 57, Sec. 8] the court may order such property to be sold at
All persons public auction in such manner as it may direct, and
(a) having in their possession or under their control the proceeds of such sale to be deposited in court to
any credits or other similar personal property abide the judgment in the action. [Rule 57, Sec. 11]
belonging to the adverse party, or
(b) owing any debts to him, at the time of service NOTE: This is an exception to the general rule that
upon them of the copy of the writ of attachment the issuance of a writ of attachment is only a
and notice shall be liable to the applicant for the provisional remedy, thus no sale of the property
amount of such credits, debts or other similar should be made during the pendency of the action.
personal property, until the attachment is [Riano]
discharged, or any judgment recovered by him is
satisfied, unless such property is delivered or DISCHARGE OF ATTACHMENT AND THE COUNTER-BOND
transferred, or such debts are paid, to the clerk, Discharge of attachment
sheriff, or other proper officer of the court issuing After a writ of attachment has been enforced, the
the attachment. party whose property has been attached, or the
person appearing on his behalf, may move for the
Garnishment.— A species of attachment for reaching discharge of the attachment wholly or in part on the
the property or credits pertaining or payable to a security given.
judgment debtor (asked in the 1999 Bar Exams in
comparison with Attachment). It is a warning to a Grounds for discharge
person who has in possession property or credits of (a) Debtor has posted a counter-bond or has made
the judgment debtor not to pay the money nor the requisite cash deposit [Rule 57, Sec. 12];
deliver the property to latter but to appear and (b) Attachment was improperly or irregularly issued
answer the plaintiff’s suit. [Rule 57, Sec. 13] as where there is no ground for

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attachment, or affidavit and/or bond filed or sureties after notice and summary hearing in
therefore are defective or insufficient; the same action. [Rule 57, Sec. 17]
(c) Attachment is excessive but the discharge shall
be limited to the excess [Rule 57, Sec. 13]; (b) Where the party against whom attachment had
(d) Property attached is exempt from execution [Rule been issued has deposited money instead of
57, Sec. 2 and Rule 57, Sec. 5]; giving counter-bond, it shall be applied under the
(e) Judgment is rendered against the attaching direction of the court to the satisfaction of any
creditor [Rule 57, Sec. 19]. judgment rendered in favor of the attaching
party, and after satisfying the judgment the
SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED balance shall be refunded to the depositor or his
The sheriff may cause judgment to be satisfied out of assignee.
the property attached if it be sufficient for that
purpose in the following manner: (c) If the judgment is in favor of the party against
(1) By paying to the judgment obligee the proceeds whom attachment was issued, the whole sum
off all sales of perishable or other property sold in deposited must be refunded to him or his
pursuance of the order of the court, or so much as assignee. [Rule 57, Sec. 18]
shall be necessary to satisfy the judgment;
(2) If any balance remains due, by selling so much of (d) If judgment be rendered against the attaching
the property, real or personal, as may be party, all the proceeds of sales and money
necessary to satisfy the balance, if enough for collected or received by the sheriff, under the
that purpose remain in the sheriff’s hands, or in order of attachment, and all property attached
those the clerk of the court; remaining in any such officer's hands, shall be
(3) By collecting from all persons having in their delivered to the party against whom attachment
possession credits belonging to the judgment was issued, and the order of attachment
obligor, or owing debts to the latter at the time of discharged. [Rule 57, Sec. 19]
the attachment of such credits or debts, the
amount of such credits or debts as determined by Improper, Irregular or Excessive Attachment (Asked in
the court in the action, and stated in the the 2008 bar exam)
judgment, and paying the proceeds of such An application for damages must be filed before the
collection over to the judgment obligee. [Rule 57, trial, or before appeal is perfected, or before the
Sec. 15] judgment becomes executory.

Balance due collected upon an execution; excess Such damages may be awarded only after hearing
delivered to the judgment obligor and shall be included in the judgment on the main
(a) If after realizing upon all the property attached, case. [Rule 57, Sec. 20]
including the proceeds of any debts or credits
collected, and applying the proceeds to the Procedure for claiming damages is EXCLUSIVE.
satisfaction of the judgment less the expenses of Such claims for damages cannot be the subject of an
proceedings upon the judgment, any balance independent action.
shall remain due, the sheriff must proceed to
collect such balance as upon ordinary execution. Exceptions:
(b) Whenever the judgment shall have been paid, the (a) Where the principal case was dismissed for lack
sheriff, upon reasonable demand, must return to of jurisdiction by the trial court without giving
the judgment obligor the attached property opportunity to the party whose property was
remaining in his hands, and any proceeds of the attached to apply for and prove his claim; and
sale of the property attached not applied to the (b) Where the damages by reason of the attachment
judgment. [Rule 57, Sec. 16] was sustained by a third person who was not a
party to the action wherein such writ was issued.
Recovery Upon the Counter-Bond; Disposition of [Santos v. CA (1954)]
Deposit/ Attached Property After Judgment
(a) When the judgment has become executory, the
surety or sureties on any counter-bond given to
secure the payment of the judgment shall
become charged on such counter-bond and
bound to pay the judgment obligee upon
demand the amount due under the judgment,
which amount may be recovered from such surety

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PRELIMINARY INJUNCTION Status Quo Order vs. Injunction (Asked in the 2006
bar exams)
DEFINITIONS AND DIFFERENCES: DRELIMINARY A status quo order is in the nature of a cease and
INJUNCTION AND TEMPORARY RESTRAINING ORDER; desist order. It is resorted to when the projected
STATUS QUO ANTE ORDER proceedings in the case made the conservation of
the status quo desirable or essential, but the affected
A preliminary injunction is an order granted at any party neither sought such relief nor did the
stage of an action or proceeding prior to the allegations in his pleading sufficiently make out a
judgment or final order, requiring a party or a court, case for a temporary restraining order.
agency or a person to either
(a) refrain from a particular act or acts or It does NOT direct the doing or undoing of acts but is
(b) require the performance of a particular act or an order to maintain the last, actual, peaceable and
acts, in which case it shall be known as a uncontested state of things which preceded the
preliminary mandatory injunction controversy.

A suit for injunction is an action in personam. It is an Status Quo Ante Order


ancillary or preventive remedy that is meant to be Directs the maintenance of the condition prevailing
temporary and subject to the final disposition of the before the promulgation of the assailed decision.
principal action [Riano]
It has the nature of a TRO. [Dojillo v. COMELEC,
Purpose 2006]
To prevent future injury and maintain the status quo
(i.e. the last actual, peaceable, uncontested status REQUISITES
which preceded the pending controversy) for [Knecht Requirements for Preliminary Injunction [Rule 58,
v. CA, (1993)] Sec. 4]
(a) There must be a verified application
Note: the injunction should not establish new (b) The application must show facts entitling the
relations between the parties but merely re-establish applicant to the relief demanded.
the pre-existing relationship between them.
It must establish he has a right and the act
TRO vs. Injunction against which the injunction is directed is violative
of such right [PNB v. Timbol (2005)]
TRO Injunction
(c) A bond must be filed, unless exempted, in the
May be granted ex parte Cannot be granted court where the action/proceeding is pending, in
if great and irreparable without notice and an amount to be fixed by the court (asked in the
injury would result hearing 2006 Bar exam)
otherwise (d) Prior notice and hearing for the party/person
sought to be enjoined.
(a) A TRO is issued in order to preserve the status
quo until the hearing of the application for Exceptions:
preliminary injunction. [Bacolod City Water v. (a) Great or irreparable injury would result to the
Labayen (2004)] applicant before the matter can be heard on
notice.
(b) Same requirements for application as preliminary (1) The court may issue a TRO effective for 20
injunction. days from service on the party sought to be
enjoined.
(c) An application for a TRO shall be acted upon only (2) Injury is “irreparable” if it is of such constant
after all parties are heard in a summary hearing, and frequent recurrence that no fair or
which shall be conducted within 24 hours after reasonable redress can be had therefore in
the sheriff's return of service and/or the records court of law or where there is no standard by
are received by the branch selected by raffle. which their amount can be measured with
[Rule 58, Sec.4] reasonable accuracy.
(b) Matter is of extreme urgency and the applicant
will suffer grave injustice and irreparable injury
(1) Judge may issue ex parte a TRO effective for
72 hours from issuance.

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(2) Within 72 hours, judge shall conduct a (i) Transfer of possession of property to party with
summary hearing to determine whether the disputed legal title via preliminary injunction
TRO shall be extended until the application
for preliminary injunction can be heard. Exceptions:
(3) Maximum period of effectivity of TRO = 20 (a) Forcible entry and unlawful detainer cases in
days (including 72 hrs) which the court may issue preliminary mandatory
injunction [Rule 70, Sec. 15]
If the application for preliminary injunction is denied (b) Property covered by Torrens Title when there is a
or not resolved within said period, the TRO is clear finding of ownership and possession of the
deemed automatically vacated. land. [GSIS v. Florendo(1989)]

KINDS OF INJUNCTION Other instances where writ is not available:


Preliminary Preventive Injunction
prohibits the performance of a particular act or acts (a) Sec. 78, RA 9136: the implementation of the
provisions of the Electric Power Industry Reform
When preventive injunction does not lie Act of 2001 shall not be restrained or enjoined
(a) To restrain collection of taxes [Valley Trading v. except by an order issued by the Supreme Court.
CA](1989), except where there are special
circumstances that bear the existence of (b) Sec. 1, PD 605: no court of the Philippines shall
irreparable injury. [Churchill & Tait v. Rafferty have jurisdiction to issue any restraining order,
(1915)] preliminary injunction or preliminary mandatory
(b) To restrain the sale of conjugal properties where injunction in any case involving or growing out of
the claim can be annotated on the title as a lien, the issuance, approval or disapproval, revocation
such as the husband’s obligation to give support. or suspension of, or any action whatsoever by the
[Saavedra v. Estrada (1931)] proper administrative official or body on
(c) To restrain a mayor proclaimed as duly elected concessions, licenses, permits, patents, or public
from assuming his office. [Cereno v. Dictado grants of any kind in connection with the
(1988)] disposition, exploitation, utilization, exploration,
(d) To restrain registered owners of the property from and/or development of the natural resources of
selling, disposing and encumbering their property the Philippines.
just because the respondents had executed
Deeds of Assignment in favor of petitioner. [Tayag (c) Sec. 2, PD 385: no restraining order, temporary or
v. Lacson (2004)] permanent injunction shall be issued by the court
(e) Against consummated acts. [PNB v. Adi (1982); against any government financial institution in
Rivera v. Florendo (1986); Ramos, Sr. v. CA (1989)] any action taken by such institution in compliance
Exception: If the act is of continuing nature and in with the mandatory foreclosure whether such
derogation of plaintiff’s right at the outset. restraining order, temporary or permanent
(f) Against disposing of the case on the merits injunction is sought by the borrower(s) or any
[Ortigas and Company Limited Partnership v. CA third party or parties, except after due hearing in
(1988)] which it is established by the borrower and
(g) To stop the execution of judgment where the admitted by the government financial institution
judgment was already executed. [Meneses v. concerned that twenty percent (20%) of the
Dinglasan (1948)] outstanding arrearages has been paid after the
filing of foreclosure proceedings.
Exception: But where the lower court enforced its
judgment before a party against whom the Preliminary Mandatory Injunction
execution was enforced could elevate her appeal Requires the performance of a particular act or acts
in an injunction suit, which was instituted to
prevent said execution, an independent petition Requisites of mandatory injunction
for injunction in the Court of Appeals is justified. (a) Invasion of the right is material and substantial
[Manila Surety and Fidelity v. Teodoro (1967)] (b) Right of the complainant is clear and
unmistakable
(h) The CFI has no power to issue a writ of injunction (c) Urgent and paramount necessity for the writ to
against the Register of Deeds if its effect is to prevent serious damages [Bautista v. Barcelona
render nugatory a writ of execution issued by the (1957)]
National Labor Relations Commission. [Ambrosio (d) The effect would not be to create a new relation
v. Salvador (1978)] between the parties [Alvaro v. Zapata, (1982)]

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Rule 58 Provides for both a Main Action for Injunction


Mandatory injunction does not lie in the following and an Ancillary Writ of Preliminary Injunction (Asked
instances: in the 2006 Bar Exam)
(a) to compel cohabitation [Arroyo v. Vasquez (1921)]
(b) cancellation of attachment [Levy Hermanos v. Injunction Preliminary injunction
Lacson (1940)]
(c) release imported goods pending hearing before Main action Ancillary; exists only as
the Commissioner of Customs. [Commissioner of part or incident of an
Customs v. Cloribel (1967)] independent action or
(d) to take property out of the possession or control proceeding
of one party and place it into that of another seeks a judgment sole object of which is to
whose title has not clearly been established [Pio embodying a final preserve the status quo
v. Marcos (1974)] injunction until the merits can be
heard
Based on all evidence based solely on initial
Injunction Prohibition gathered by court to and incomplete evidence
determine main action
Generally directed Directed against a
against a party in the court/tribunal/person As a matter of course, in an action for injunction, the
action exercising judicial auxiliary remedy of preliminary injunction, whether
powers prohibitory or mandatory, may issue.
Does not involve the may be on the ground
court’s jurisdiction that the court against The evidence needed to establish the requisites for a
whom the writ is sought preliminary injunction need not be conclusive or
acted without/in excess complete. It is generally based on initial, incomplete
of jurisdiction evidence that gives the court an idea of the
May be the main action Always a main action justification for the preliminary injunction pending
itself, or just a the decision of the case on the merits. .
provisional remedy in the
main action Note: It does not necessarily proceed that when a
writ of preliminary injunction is issued, a final
WHEN WRIT MAY BE ISSUED injunction will follow [Urbanes v. CA (2001)]

GROUNDS FOR ISSUANCE OF PRELIMINARY INJUNCTION GROUNDS FOR OBJECTION TO, OR FOR THE DISSOLUTION
[Rule 58, Sec. 3] (Asked in the 2006 bar exam) OF INJUNCTION OR RESTRAINING ORDER

(a) Applicant is entitled to the relief demanded, and Grounds for Objection to/Motion for Dissolution of
the relief consists in Injunction/Restraining Order [Rule 58, Sec. 6]
(1) restraining the commission or continuance of (a) Insufficiency of application
the acts or acts complained of, or (b) other grounds (e.g. applicant’s bond is
(2) in requiring performance of an act or acts; insufficient/defective), upon affidavits of the party
(b) Commission, continuance or non-performance of or person enjoined
the acts complained of during the litigation (c) if it appears after hearing that although the
would probably work injustice to the applicant; or applicant is entitled to the injunction or
(c) A party, court, agency or a person is doing, restraining order, the issuance or continuance
threatening, or is attempting to do, or is thereof would cause irreparable damage to the
procuring or suffering to be done, some act or party/person enjoined, while the applicant can be
acts probably in violation of the rights of the fully compensated for such damages as he may
applicant respecting the subject of the action or suffer, provided the former files a bond
proceeding, and tending to render the judgment
ineffectual. If it appears that the extent of the preliminary
injunction or restraining order granted is too great, it
may be modified.

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Global Injunction of a Foreign Court (Asked in the (a) Acquisition, clearance and development of the
2007 Bar Exam) right-of-way and/or site or location of any
A global injunction issued by a foreign court to national government project;
prevent dissipation of funds against the defendant (b) Bidding or awarding of contract/ project of the
who has assets in the Philippines may be enforced in national government as defined under Section 2
our jurisdiction, subject to our procedural laws hereof;
(Suggested Answers to the 2007 Bar Exam, UP Law (c) Commencement prosecution, execution,
Center) implementation, operation of any such contract
or project;
As a general rule, no sovereign is bound to give (d) Termination or rescission of any such
effect within its dominion to a judgment or order of a contract/project; and
tribunal of another country. (e) The undertaking or authorization of any other
lawful activity necessary for such
However, under the rules of comity, utility and contract/project.
convenience, nations have established a usage
among civilized states by which final judgments of This prohibition shall apply in all cases, disputes or
foreign courts of competent jurisdiction are controversies instituted by a private party, including
reciprocally respected and rendered efficacious but not limited to cases filed by bidders or those
under certain conditions that may vary in different claiming to have rights through such bidders
countries. [St. Aviation Services v. Grand International involving such contract/project.
Airways (2006)]
This prohibition shall NOT APPLY when the matter is
Note: In Pangalangan and Coquia’s book on Conflict of extreme urgency involving a constitutional issue,
of Laws (2000), citing Cheshire, it was stated that an such that unless a temporary restraining order is
interlocutory or provisional judgment of a foreign issued, grave injustice and irreparable injury will
court, creates no obligation on the forum court to arise. The applicant shall file a bond, in an amount to
enforce it. be fixed by the court, which bond shall accrue in
favor of the government if the court should finally
DURATION OF A TEMPORARY RESTRAINING ORDER decide that the applicant was not entitled to the
General rule: TRO is effective only for a period of 20 relief sought.
days from service on the party or person sought to be
enjoined Any TRO, preliminary injunction, or preliminary
mandatory injunction issued in violation of Sec. 3 is
Exceptions: If the matter is of extreme urgency and void and of no force and effect. [Sec 4]
the applicant will suffer grave injustice and
irreparable injury: effective for only 72 hours from RULE ON PRIOR OR CONTEMPORANEOUS SERVICE OF
issuance [Rule 58, Sec.5] SUMMONS IN RELATION TO ATTACHMENT
When an application for a writ of preliminary
Issued Effectivity: injunction or a temporary restraining order is
by: included in a complaint or any initiatory pleading,
RTC 20 days, non-extendible (including the the case, if filed in a multiple-sala court, shall be
original 72 hours) raffled only after notice to and in the presence of the
CA May be effective for 60 days from service adverse party or the person to be enjoined. In any
on the party or person sought to be event, such notice shall be preceded, or
enjoined. contemporaneously accompanied, by service of
SC May be effective until further orders summons, together with a copy of the complaint or
initiatory pleading and the applicant's affidavit and
IN RELATION TO RA 8975, BAN ON ISSUANCE OF TRO OR bond, upon the adverse party in the Philippines.
WRIT OF INJUNCTION IN CASES INVOLVING GOVERNMENT
INFRASTRUCTURE PROJECTS Exception:
Sec. 3, RA 8975: No court, except the Supreme Court, Where the summons could not be served personally
shall issue any TRO, preliminary injunction or or by substituted service despite diligent efforts, or
preliminary mandatory injunction against the the adverse party is a resident of the Philippines
government, or any of its subdivisions, officials or any temporarily absent therefrom or is a nonresident
person or entity, whether public or private acting thereof, the requirement of prior or
under the government direction, to restrain, prohibit contemporaneous service of summons shall not
or compel the following acts: apply. [Rule 58, Sec.4] The executive judge of a

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multiple-sala court or the presiding judge of a single dissipated or materially injured, and that its value
sala court may issue ex parte a TRO effective for only is probably insufficient to discharge the mortgage
72 hours from ISSUANCE if the matter is of extreme debt, or that the parties have so stipulated in the
urgency and the applicant will suffer grave injustice contract of mortgage;
and irreparable injury. However, he shall (c) After judgment, to preserve the property during
immediately comply with the provisions of Rule 38, the pendency of an appeal, or to dispose of it
Sec. 4 as to service of summons and the documents according to the judgment, or to aid execution
to be served therewith. [Rule 38, Sec. 5] when the execution has been returned unsatisfied
or the judgment obligor refuses to apply his
property in satisfaction of the judgment, or
RECEIVERSHIP (Asked in the 2001 Bar Exam) otherwise to carry the judgment into effect;
(d) Whenever in other cases it appears that the
NATURE appointment of a receiver is the most convenient
Receiver. and feasible means of preserving, administering,
person appointed by the court in behalf of all the or disposing of the property in litigation. [Rule 59,
parties to the action for the purpose of preserving Sec. 1]
and conserving the property in litigation and prevent
its possible destruction or dissipation if it were left in Specific situations when a receiver may be appointed
the possession of any of the parties. (a) If a spouse without just cause abandons the other
or fails to comply with his/her obligations to the
PURPOSE family, the aggrieved spouse may petition the
The purpose of a receivership as a provisional court for receivership. [Family Code, Article 101]
remedy is to protect and preserve the rights of the (b) The court may appoint a receiver of the property
parties during the pendency of the main action, of the judgment obligor; and it may also forbid a
during the pendency of an appeal or as an aid in the transfer or other disposition of, or any
execution of a judgment when the writ of execution interference with, the property of the judgment
has been returned unsatisfied. The receivership obligor not exempt from execution. [Rule 39, Sec.
under Rule 59 is directed to the property which is the 41]
subject of the action and does not refer to the (c) After the perfection of an appeal, the trial court
receivership authorized under banking laws and retains jurisdiction to appoint a receiver of the
other rules or laws. Rule 59 presupposes that there property under litigation since this matter does
is an action and that the property subject of the not touch upon the subject of the appeal. [Rule
action requires its preservation. Receivership under 41, Sec. 9; Acuña v. Caluag (1957)]
Rule 59 is ancillary to the main action. (Riano). (d) After final judgment, a receiver may be appointed
as an aid to the execution of judgment. [Philippine
Commodities Storage v. CA (1997): The guiding Trust Company v. Santamaria (1929)]
principle is the prevention of imminent danger to the (e) Appointment of a receiver over the property in
property. If an action by its nature, does not require custodia legis may be allowed when it is justified
such protection or preservation, said remedy cannot by special circumstances, as when it is reasonably
be applied for and granted. necessary to secure and protect the rights of the
real owner. [Dolar v. Sundiam (1971)]
Arranza v. B.F. Homes (2000): Receivership is aimed
at the preservation of, and at making more secure, Alcantara v. Abbas (1963): The general rule is that
existing rights; it cannot be used as an instrument for neither party to the litigation should be appointed as
the destruction of those rights. a receiver without the consent of the other because a
receiver is supposed to be an impartial and
CASES WHEN RECEIVER MAY BE APPOINTED disinterested person.
(a) When it appears from the verified application and
other proof that the applicant has an interest in Abrigo v. Kayanan (1983): A clerk of court should not
the property or fund which is the subject of the be appointed as a receiver as he is already burdened
action or proceeding, and that such property or with his official duties.
fund is in danger of being lost, removed, or
materially injured unless a receiver be appointed REQUIREMENTS BEFORE ISSUANCE OF AN ORDER
to administer and preserve it; Requisites and Procedure
(b) When it appears in an action by the mortgagee (a) Verified application filed by the party requesting
for the foreclosure of a mortgage that the for the appointment of the receiver;
property is in danger of being wasted or

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(b) Applicant must have an interest in the property or Liability for refusal or neglect to deliver property to
funds subject of the action; receiver
(c) Applicant must show that the property or funds is (a) Contempt; and
in danger of being lost, wasted, or dissipated; (b) Be liable to the receiver for the money or the
(d) Application must be with notice and must be set value of the property and other things so refused
for hearing; or neglected to be surrendered together with all
(e) Before appointing a receiver, the court shall damages that may have been sustained by the
require applicant to post a bond in favor of the party or parties entitled thereto as a consequence
adverse party. When the receiver is appointed, the of such refusal or neglect. [Rule 59, Sec. 7]
receiver shall file a bond then take his oath.
(f) Before entering upon his duties, the receiver must TWO (2) KINDS OF BOND
be sworn to perform his duties faithfully. (a) Applicant’s bond
(b) Receiver’s bond
Who appoints receiver
(a) Court where the action is pending TERMINATION OF RECEIVERSHIP
(b) CA
(c) SC Ground
(d) During the pendency of an appeal, the appellate The necessity for a receiver no longer exists
court may allow an application for the
appointment of a receiver to be filed in and Procedure
decided by the court of origin. [Rule 59, Sec. 1] (a) Motu proprio or on motion of either party
(b) Notice to all interested parties and hearing [Rule
Denial of application or discharge of receiver 59, Sec. 8]
(a) If the appointment sought or granted is without
sufficient cause Effect
(b) Adverse party files a sufficient bond to answer for (a) Settle accounts of receiver
damages [Rule 59, Sec. 3] (b) Delivery of funds to person entitled
(c) Bond posted by the applicant for grant of (c) Discharge of receiver
receivership is insufficient (d) Receiver entitled to reasonable compensation to
(d) Bond of receiver is insufficient be taxed as costs against defeated party.

POWERS OF A RECEIVER REPLEVIN (Asked in the 1999 Bar Exam)


(a) Bring and defend in such capacity actions in his
own name with leave of court WHEN MAY WRIT BE ISSUED
(b) Take and keep possession of the property in Nature
controversy Replevin may be a main action or provisional
(c) Receive rents remedy. As a principal action its ultimate goal is to
(d) Collect debts due to himself as receiver or to the recover personal property capable of manual delivery
fund, property, estate, person, or corporation of wrongfully detained by a person. Used in this sense,
which he is the receiver it is considered as a suit in itself. Replevin under Rule
(e) Compound for and compromise the same 60 is the provisional remedy. [Riano]
(f) Make transfers
(g) Pay outstanding debts
(h) Divide the money and other property that shall Replevin Preliminary Attachment
remain among the persons legally entitled to
receive the same’ Available only where the Available even if the
(i) Generally, to do such acts respecting the property principal relief sought in recovery of personal
as the court may authorize the action is recovery of property is only an
(j) Invest funds in his hands, ONLY by order of the personal property, the incidental relief sought
court upon the written consent of all the parties. other reliefs (e.g. in the action.
[Rule 59, Sec. 6] damages) being merely
incidental thereto.
No action may be filed against a receiver without Can be sought only May be resorted to even
leave of the court which appointed him. where the defendant is if the personalty is in the
in actual or constructive custody of a third
possession of the person.
personalty involved.

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thereof according to the best of his knowledge,


Replevin Preliminary Attachment information, and belief;
(d) That the property has not been distrained or
Extends only to personal Extends to all kinds of taken for a tax assessment or a fine pursuant to
property capable of property, whether real, law, or seized under a writ of execution or
manual delivery. personal or incorporeal. preliminary attachment, or otherwise placed
Available to recover To recover the under custodia legis, or if so seized, that it is
personal property even if possession of personal exempt from such seizure or custody; and
the same is not property unjustly (e) The actual market value of the property. [Rule 60,
concealed, removed or detained (presupposed Sec. 2]
disposed of. that the same is being
concealed, removed or Bond
disposed of to prevent its The applicant must also give a bond, executed to the
being found or taken by adverse party in double the value of the property as
the applicant. stated in the affidavit. [Rule 60, Sec.2]
Cannot be availed of if Can still be resorted to
the property is in even if the property is in Redelivery bond
custodia legis (e.g. under custodia legis. The adverse party may, at any time before the
attachment, seized delivery of the property to the applicant, require the
under a search warrant). return of the property by filing with the court where
the action is pending a bond executed to the
Except: applicant, in double the value of the property as
(a) when the seizure is stated in the applicant’s affidavit. [Rule 60, Sec. 5]
illegal; [Bagalihog v.
Fernandez (1991)] and Order of Replevin
(b) where there is reason Upon the filing of affidavit and approval of the bond,
to believe that the the court shall issue an order and the corresponding
seizure will not writ of replevin describing the personal property
anymore be followed alleged to be wrongfully detained and requiring the
by the filing of the sheriff forthwith to take such property into his
criminal action in custody. [Rule 60, Sec. 3]
court or there are
conflicting claims. A writ of replevin may be served anywhere in the
[Chua v. CA (1993)] Philippines.

REQUISITES SHERIFF’S DUTY IN THE IMPLEMENTATION OF THE WRIT;


Application WHEN PROPERTY IS CLAIMED BY THIRD PARTY
Who may apply: party praying for the recovery of Disposition of Property by Sheriff
possession of personal property. Applicant need not (a) The sheriff shall retain the property for 5 days.
be the owner. It is enough that he has right to its The adverse party may object to the sufficiency of
possession. [Yang v. Valdez (1989)] the bond or surety or he may file a redelivery
When: bond.
(a) at the commencement of the action or (b) If after 5 days and the adverse party failed to
(b) before the answer [unlike attachment, injunction object or his redelivery bond is insufficient, the
and support pendente lite (anytime before final sheriff shall deliver the property to the applicant.
judgment) and receivership (anytime even after [Rule 60, Sec. 6]
final judgment)]. (c) The defendant is entitled to the return of the
property under a writ of replevin if:
AFFIDAVIT AND BOND; REDELIVERY BOND (1) He seasonably posts a redelivery bond [Rule
(a) The applicant must show by his own affidavit or 60, Sec. 5]
that of some other person who personally knows (2) Plaintiff’s bond is found to be insufficient or
the facts: defective and is not replaced with proper bond
(b) That the applicant is the owner of the property (3) Property is not delivered to the plaintiff for any
claimed, particularly describing it, or is entitled to reason [Rule 60, Sec. 6]
the possession thereof;
(c) That the property is wrongfully detained by the Where Property Claimed by Third Person
adverse party, alleging the cause of detention

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When third party claims the property and such ORDINARY CIVIL ACTIONS VERSUS SPECIAL CIVIL
person makes affidavit of his title thereto stating his ACTIONS
grounds, and serves such affidavit upon the sheriff The fact that an action is subject to special rules
while the latter has possession of the property and a other than those applicable to ordinary civil actions is
copy upon the applicant, the sheriff SHALL NOT BE what makes a civil action special. [Riano]
BOUND to keep property under replevin or deliver
property to the applicant UNLESS the applicant files Ordinary Civil Action Special Civil Action
a bond approved by the court in favor of the third Governed by ordinary Also governed by
person (the bond should not be less than the value rules ordinary rules but
of stated under Sec. 60, Sec. 2; the court shall subject to specifically
determine the value in case of disagreement). prescribed rules (Rules
62 to 71)
No claim for damages for the taking or keeping of
the property may be enforced against the bond Some concepts applicable to ordinary civil actions
UNLESS the action is filed within 120 days from filing are not applicable in special civil actions. E.g.:
of the bond. (a) the definition of a cause of action requiring
violation of a right does not appear to be relevant
to the special civil action of declaratory relief and
interpleader;
Special Civil Actions (b) ordinary civil actions may be filed initially in MTC
or RTC depending on jurisdictional amount while
some special civil actions can only be filed in MTC
NATURE OF SPECIAL CIVIL ACTIONS (forcible entry and unlawful detainer) and some
Rules on ordinary civil actions shall apply to special cannot be commenced in MTC (certiorari,
civil actions insofar as they are not inconsistent with prohibition, mandamus). [Riano]
or may supplement the rules governing the latter.
[Rule 1, Sec. 3] JURISDICTION AND VENUE
Venue is governed by the general rules on venue,
Since a civil action in general is one by which a party except as otherwise indicated in the particular rules
sues another for the enforcement of a right, or the for special civil actions.
prevention or redress of a wrong, a special civil action
is generally brought or filed for the same purpose. 3 special civil actions within the jurisdiction of inferior
[Riano] courts:
(a) interpleader, provided the amount involved is
HOW COMMENCED: within its jurisdiction [Makati Development Corp. v.
(A) COMPLAINT Tanjuatco (1969)]
(1) interpleader (b) ejectment suits [Rule 70]
(2) expropriation (c) contempt [Rule 71]
(3) foreclosure of real estate mortgage
(4) partition INTERPLEADER
(5) forcible entry and unlawful detainer DEFINITION
(B) PETITION A remedy whereby a person who has property in his
(6) declaratory relief possession or has an obligation to render wholly or
(7) review of adjudications of Constitutional partially, without claiming any right in both, comes
commissions to court and asks that the defendants who have
(8) certiorari made conflicting claims upon the same property or
(9) prohibition who consider themselves entitled to demand
(10) mandamus compliance with the obligation be required to litigate
(11) quo warranto among themselves in order to determine who is
(12) contempt entitled to the property or payment or the obligation
[Beltran v. PHHC, (1969)]
Writs of injunction, mandamus, certiorari,
prohibition, quo warranto and habeas corpus issued PURPOSE
by RTCs are enforceable within their respective (a) To compel conflicting claimants to interplead and
judicial regions. [B.P. 129, Section 21] litigate their several claims among themselves.
[Rule 62, Sec. 1]

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(b) To protect a person against double vexation in


respect of one liability [Beltran, supra] Within the time for filing an answer, each
claimant may file a motion to dismiss.
REQUISITES FOR INTERPLEADER Grounds:
(a) There must be two or more claimants with (a) impropriety of the interpleader action, or
adverse or conflicting interests to a property in (b) other appropriate grounds specified in
the custody or possession of the plaintiff. Rule 16
(b) The plaintiff has NO CLAIM upon the subject
matter of the adverse claims, or if he has an The period to file the answer shall be tolled.
interest at all, such interest is NOT DISPUTED by
the claimants.
(c) The subject matter of the adverse claims must be
one and the same. If the motion is denied, an answer may be filed
within the remaining period, in no case less
Procedure than 5 days (reckoned from notice of denial)
[Rule 62, Sec. 4].
Complaint filed by the person against whom
conflicting claims are or may be made. [ibid]

The docket and other lawful fees paid by the


complainant, and costs and litigation expenses The parties may file counterclaims, cross-
shall constitute a lien or charge upon the claims, third-party complaints and responsive
subject matter of the action, unless otherwise pleadings thereto. [Rule 62, Sec. 5]
ordered by the court. [Rule 62, Sec. 7]

Pre-trial
Court order requiring the conflicting claimants
to interplead with one another. If the interests of
justice so require, the court may direct that the
Court shall determine conflicting claimants’
subject matter be paid or delivered to the court.
respective rights and adjudicate their several
[Rule 62, Sec. 2]
claims. [Rule 62, Sec. 6]

WHEN TO FILE
Summons, copy of complaint and order served Whenever conflicting claims upon the same subject
upon the conflicting claimants. [Rule 62, Sec. 3] matter are or may be made against a person who
claims no interest in the subject matter or an interest
which is not disputed by the claimants. [Rule 62, Sec.
1]
Each claimant shall file his answer within 15 days
from service of the summons, serving a copy Cannot be availed of to resolve the issue of breach of
thereof upon each of the other conflicting undertakings made by defendants, which should be
claimants, who may file their reply thereto. resolved in an ordinary action for specific
performance or other relief [Beltran, supra].

DECLARATORY RELIEFS AND SIMILAR REMEDIES


WHO MAY FILE THE ACTION
If claimant fails to plead within the time herein
fixed, the court may, on motion, declare him in (a) a person interested under a deed, will, contract or
default and render judgment barring him from other written instrument
any claim in respect to the subject matter. (b) a person whose rights are affected by a statute,
executive order or regulation, ordinance or any
other governmental regulation [Rule 63, Sec. 1]

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Parties (2) If before the final termination of the case, a


(a) all persons who have or claim any interest which breach or violation of an instrument or a
would be affected by the declaration [Rule 63, statute, etc. should take place, the action may
Sec. 2] be converted into an ordinary action. [Rule 63,
(b) If action involves the validity of a Sec. 6]
statute/executive order/regulation/other (d) actual justiciable controversy [Velarde v. SJS
governmental regulation, the Solicitor General (2004)]
shall be notified. [Rule 63, Sec. 3] (e) adverse interests between the parties
(c) If action involves the validity of a local
government ordinance, the prosecutor/attorney A declaratory relief is not available for a
of the LGU involved shall be notified. [Rule 63, declaration of citizenship [Villa-Abrille v. Republic
Sec. 4] (1956)] or the validity of a registration certificate
[Obiles v. Republic (1953)] as they are unilateral in
Subject Matter Notice Given To nature and without conflicting adverse interests.
Validity of a statute, EO Sol Gen
or regulation, or any (f) issue must be ripe for judicial determination
governmental regulation [Velarde v. SJS (2004)]
Validity of a local Prosecutor or attorney of (g) adequate relief is not available through other
government ordinance the LGU means or other forms of action or proceedings.
Constitutionality of a Sol Gen [Ollada v. Central Bank (1962)]
local government
ordinance A court decision cannot be the subject of a
declaratory relief since there exists other
remedies, i.e., appeal or a motion for clarificatory
Baguio Citizens Action v. City Council of Baguio (1983):
judgment [Tanda v. Aldaya (1956)]
Non-joinder of interested persons is not a
jurisdictional defect; but persons not joined shall not
WHEN COURT MAY REFUSE TO MAKE JUDICIAL
be prejudiced in their interests unless otherwise
DECLARATION
provided by the Rules.
(a) where a decision would not terminate the
Commission of Customs v. Cloribel (1977): A third- uncertainty or controversy which gave rise to the
party complaint is not available in a declaratory action, or
(b) where the declaration or construction is not
relief.
necessary and proper under the circumstances.
Visayan Packing v. Reparations Commission (1987): A [Rule 63, Sec. 5]
compulsory counterclaim may be set up in a petition
CONVERSION TO ORDINARY ACTION
for declaratory relief.
Requisites
(a) before the final termination of the case
Where filed (b) a breach or violation of an instrument or a
(a) in the proper RTC [Rule 63, Sec. 1] statute, executive order or regulation, ordinance,
(b) not within the original jurisdiction of the Supreme or any other governmental regulation should take
Court, even if pure questions of law are involved. place
[Remotigue v. Osmeña (1967)]
Effect
REQUISITES OF ACTION FOR DECLARATORY RELIEF
The parties shall be allowed to file such pleadings as
(a) subject matter of the controversy must be a deed, may be necessary or proper. [Rule 63.6]
will, contract or other written instrument, statute,
executive order or regulation, or ordinance [Rule PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES
63, Sec. 1]; Reformation of an instrument [Arts. 1359-1369 Civil
(b) the terms of said documents and the validity Code]
thereof are doubtful and require judicial
construction [Santos v. Aquino (1953)] Definition
(c) no breach of the documents in question. Art. 1359, Civil Code. When, there having been a
[Reparations Commission v. Northern Lines (1970)] meeting of the minds of the parties to a contract,
Otherwise, an ordinary civil action is the remedy. their true intention is not expressed in the instrument
(1) Concept of a cause of action in ordinary civil purporting to embody the agreement, by reason of
actions does not apply. mistake, fraud, inequitable conduct or accident, one

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of the parties may ask for the reformation of the (c) An aggrieved party may bring the questioned
instrument to the end that such true intention may judgment, etc. directly to the SC on certiorari
be expressed. under Rule 65. [Rule 64, Sec. 2]

If mistake, fraud, inequitable conduct, or accident Such petition for certiorari shall not stay the
has prevented a meeting of the minds of the parties, execution of the judgment, etc. sought to be
the proper remedy is not reformation of the reviewed unless otherwise directed by the Supreme
instrument but annulment of the contract. Court [Rule 64, Sec. 8]

Art.1369, Civil Code. The procedure for the PROCEDURE


reformation of instrument shall be governed by rules See next page.
of court to be promulgated by the Supreme Court

Consolidation of ownership [Art. 1607 Civil Code] [Rule


63, Sec. 1(2)]

Definition
Art. 1607, Civil Code. In case of real property, the
consolidation of ownership in the vendee by virtue of
the failure of the vendor to comply with the
provisions of article 1616 shall not be recorded in the
Registry of Property without a judicial order, after the
vendor has been duly heard.

Quieting of title to real property [Arts. 476-481 Civil


Code]

Definition
Art. 476, Civil Code. Whenever there is a cloud on title
to real property or any interest therein, by reason of
any instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective but
is in truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title,
an action may be brought to remove such cloud or to
quiet the title.

An action may also be brought to prevent a cloud


from being cast upon title to real property or any
interest therein.

Art. 481, Civil Code. The procedure for the quieting of


title or the removal of a cloud therefrom shall be
governed by such rules of court as the Supreme
Court shall promulgated.

REVIEW OF JUDGMENTS AND FINAL ORDERS OR


RESOLUTION OF THE COMELEC AND COA

SCOPE
(a) Applicable only to judgments and final orders of
the COMELEC and COA [Rule 64, Sec. 1]
(b) Judgments/orders of the Civil Service
Commission are now reviewable by the Court of
Appeals under Rule 43, eliminating recourse to
the Supreme Court (SC). [RA 7902; SC Revised
Administrative Circular No. 1-95]

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Order to Comment [Rule 64, Sec. 6]


File a petition for review.
If the SC finds the petition sufficient in form and
When [Rule 64, Sec. 3]:
substance, it shall order the respondents to file
(a) Within 30 days from notice of judgment/final
their comments on the petition within 10 days from
order/resolution sought to be reviewed
notice thereof.
(b) Filing of motion for reconsideration/new trial with
Constitutional commission interrupts the 30-day
Grounds for dismissal:
period. If motion is denied, aggrieved party may
(a) Petition not sufficient in form and substance
file petition within remaining period, which shall
(b) Petition was filed manifestly for delay
not be less than 5 days from notice of denial.
(c) the questions raised are too unsubstantial to
warrant further proceedings.
Form [Rule 64, Sec. 5]: verified and accompanied by
(annexes):
(a) a clearly legible duplicate original or certified true
copy of the subject judgment, etc.
(b) certified true copies of such material portions of
the record referred to in the petition
(c) other documents relevant and pertinent to the Comments of Respondents [Rule 64, Sec. 7]
petition Requirements:
(d) proof of service of a copy of the petition on the (a) original copy with certified true copies of
Commission and the adverse party material portions of the record as are referred
(e) proof of the timely payment of the docket and to in the comment and certified true copies of
other lawful fees other supporting papers
(b) one original (properly marked) and four
in one original (properly marked) and four copies, copies, unless the case is referred to the
unless the case is referred to the Court En Banc, in Court En Banc, in which event, the parties
which event, the parties shall file ten additional shall file ten additional copies (with plain
copies. (containing plain copies of all documents copies of all documents attached to the
attached to the original copy of the petition) original)

Parties to cases before the Supreme Court are further Parties to cases before the Supreme Court are
required, on voluntary basis for the first six months further required, on voluntary basis for the first
following the effectivity of this Rule and compulsorily six months following the effectivity of this Rule
afterwards unless the period is extended, to submit, and compulsorily afterwards unless the period is
simultaneously with their court-bound papers, soft extended, to submit, simultaneously with their
copies of the same and their annexes (the latter in court-bound papers, soft copies of the same and
PDF format) either by email to the Court’s e-mail their annexes (the latter in PDF format) either by
address or by compact disc (CD). This requirement is email to the Court’s e-mail address or by
in preparation for the eventual establishment of an e- compact disc (CD). This requirement is in
filing paperless system in the judiciary. [Efficient Use preparation for the eventual establishment of an
of Paper Rule, Section 5] e-filing paperless system in the judiciary.
[Efficient Use of Paper Rule, Section 5]
Contents [Rule 64, Sec. 5]:
(a) name of aggrieved party (petitioner) Copy of the comment shall be served on the
(b) respondents: Commission concerned and petitioner.
person(s) interested in sustaining the judgment a
quo
(c) facts
(d) issues involved
(e) grounds and brief arguments relied upon for
review Decision [Rule 64, Sec. 9]
(f) prayer for judgment annulling or modifying the Case is deemed submitted for decision upon:
question judgment, etc. (a) filing of the comments on the petition, and such
(g) material dates showing that it was filed on time other pleadings or papers as may be required or
(h) certification against non-forum shopping allowed.
(b) expiration of the period to file the pleadings.
Findings of fact of the Commission supported by
substantial evidence shall be final and non- Exceptions: SC sets the case for oral argument or
reviewable. requires parties to submit memoranda.

Failure to comply with foregoing requirements shall


be sufficient ground for dismissal.

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Application of Rule 65 under Rule 64 is read in relation to Section 3, Rule 46, which states
that failure to comply with any of the documentary
DISTINCTION IN THE APPLICATION OF RULE 65 TO requirements, such as the attachment of relevant
JUDGMENTS OF THE COMELEC AND COA AND THE pleadings, “shall be sufficient ground for the
APPLICATION OF RULE 65 TO OTHER TRIBUNALS, PERSONS dismissal of the petition.” [Radio Philippines Network
AND OFFICERS v. Yap (2012)]

Note: (In the 2005 and 2008 Bar Exams, bar


Rule 64 Rule 65 examinees were asked to compare Petition for review
on Certiorari and Certiorari)
Directed only to the Directed to any tribunal,
judgments, final orders board, or officer Certiorari
or resolutions of exercising judicial or Suarez v. NLRC (1998): Questions of fact cannot be
COMELEC and COA quasi-judicial functions raised in an original action for certiorari. Only
Filed within 30 days Filed within 60 days established or admitted facts may be considered.
from notice of the from notice of the
judgment judgment Medran v. CA (1949): Findings of fact of CA are not
The filing of a MR or a The period within which binding upon SC in an original action for certiorari.
Motion for New Trial if to file the petition if the
allowed, interrupts the MR or new trial is Republic v. St. Vincent de Paul (2012): Time for filing:
period for the filing of denied, is 60 days from Under Section 4, Rule 65 of the Rules of Court and
the petition for certiorari. notice of the denial of as applied in Laguna Metts Corporation, the general
If the motion is denied, the motion. rule is that a petition for certiorari must be filed
the aggrieved party may within sixty (60) days from notice of the judgment,
file the petition within order, or resolution sought to be assailed. Under
the remaining period, exceptional circumstances, however, and subject to
but which shall not be the sound discretion of the Court, said period may be
less than 5 days extended
reckoned from the notice
of denial. Prohibition
Prohibition is a preventive remedy. However, to
CERTIORARI, PROHIBITION AND MANDAMUS prevent the respondent from performing the act
The original action of certiorari is not a substitute for sought to be prevented during the pendency of the
appeal. [Lobite v. Sundiam (1983)] proceedings for the writ, the petitioner should obtain
a restraining order and/or writ of preliminary
Exceptions: injuction. [Regalado]
(a) appeal is not a speedy and adequate remedy
[Salvadores v. Pajarillo (1947)]
Enriquez v. Macadaeg (1949) : Prohibition is the
(b) the orders were issued either in excess of or
remedy where a motion to dismiss is improperly
without jurisdiction [Aguilar v. Tan (1970)]
denied.
(c) special considerations, i.e., public welfare or
public policy [Jose v. Zulueta (1961)]
(d) the order is a patent nullity [Marcelo v. De Mandamus
Guzman (1982)] A writ of mandamus will not issue to control the
(e) the decision in the certiorari case will avoid future exercise of official discretion or judgment, or to alter
litigations [St. Peter Memorial Park v. Campos or review the action taken in the proper exercise of
(1975)] the discretion of judgment, for the writ cannot be
(f) when the broader interest of justice so requires used as a writ of error or other mode of direct review.
[Mendez v. CA (2012)]
(g) when the writs issued are null and void [Mendez v. However, in extreme situations generally in criminal
CA (2012)] cases, mandamus lies to compel the performance of
(h) when the questioned order amounts to an the fiscal of discretionary functions where his
oppressive exercise of judicial authority [Mendez actuations are tantamount to a wilful refusal to
v. CA (2012)] perform a required duty. [Regalado]

The requirement in Section 1 of Rule 65 of the Rules General rule: In the performance of an official duty or
of Court to attach relevant pleadings to the petition act involving discretion, such official can only be

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directed by mandamus to act but not to act in one


way or the other. ORDER TO COMMENT
Exception: gross abuse of discretion, manifest If the petition is sufficient in form and
injustice, palpable excess of authority [Kant Wong v. substance to justify such process, the
PCGG (1987)] court shall issue an order requiring the
respondent(s) to comment on the petition
Mandamus can be availed of only by the party who within 10 days from receipt of a copy
has direct legal interest in the right sought to be thereof.
enforced. HOWEVER, if the question is one of public
right, it is sufficient to show that the petitioner is a Such order shall be served on the
citizen. [Tanada v. Tuvera (1985)] respondents in such manner as the court
may direct, together with a copy of the
WHEN PETITION FOR CERTIORARI, PROHIBITION AND petition and any annexes thereto. [Rule
MANDAMUS IS PROPER 65, Sec. 6]
See Annex F.

Procedure
HEARING OR MEMORANDA
FILE PETITION FOR CERTIORARI/
After the comment or other pleadings
PROHIBITION / MANDAMUS.
required by the court are filed, or the time for
When filed:
the filing thereof has expired, the court may
(a) Not later than 60 days from notice of
hear the case or require the parties to submit
judgment/order/resolution
memoranda. [Rule 65, Sec. 8]
(b) If a motion for reconsideration/new trial
is filed, the 60-day period shall be
counted from notice of denial of motion.
(c) Extension may be granted for compelling
reasons, not exceeding 15 days. [Rule 65,
JUDGMENT
Sec. 4]
If after such hearing or submission of
memoranda or the expiration of the period
Where filed: for the filing thereof, the court finds that
(a) Supreme Court
the allegations of the petition are true, it
(b) Court of Appeals
shall render judgment for the relief prayed
If it involves the acts of a quasi-judicial
for or to which the petitioner is entitled.
agency, the petition shall be filed only in
the CA, unless otherwise provided by law
The court, however, may dismiss the
or the Rules.
petition if it finds the same to be (1)
(c) Regional Trial Court, if it relates to acts /
patently without merit, (2) prosecuted
omissions of a lower court / corporation / manifestly for delay, or that (3) the
board / officer / person.
questions raised therein are too
Sandiganbayan, if it is in aid of its appellate
unsubstantial to require consideration.
jurisdiction. [Rule 65, Sec. 4]
[Rule 65, Sec. 8]

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Mandamus Distinguished From Injunction


SERVICE AND ENFORCEMENT OF ORDER Mandamus Injunction
OR JUDGMENT Special civil action Ordinary civil action
A certified copy of the judgment rendered Directed against a Directed against a
shall be served upon the court, quasi-judicial tribunal, corporation litigant
agency, tribunal, corporation, board, officer board or officer
or person concerned in such manner as the Purpose is for the Purpose is for the
court may direct, and disobedience thereto tribunal, corporation, defendant either to
shall be punished as contempt. board or officer to refrain from an act or to
perform a ministerial perform not necessarily a
An execution may issue for any damages or and legal duty legal and ministerial duty
costs awarded in accordance with section 1 Purpose is to perform a Purpose is to prevent an
of Rule 39. [Rule 65, Sec. 9] positive legal duty and act to maintain the
not to undo what has status quo between the
been done parties
INJUNCTIVE RELIEF
Rule 65, Sec. 7 provides for the issuance of a EXCEPTIONS TO FILING OF MOTION FOR RECONSIDERATION
temporary restraining order, and not only for a writ of BEFORE FILING PETITION
preliminary injunction, but such order shall be General rule: A motion for reconsideration must first
subject to the rules on the grounds and duration be availed of before certiorari – to enable the lower
thereof. [Regalado] court to correct its mistakes without the intervention
of the lower courts. [BA Finance v. Pineda (1982)]
CERTIORARI DISTINGUISHED FROM APPEAL BY
CERTIORARI; PROHIBITION AND MANDAMUS Exceptions:
DISTINGUISHED FROM INJUNCTION; WHEN AND WHERE TO (a) the order is a patent nullity [Vigan Elec. Light v.
FILE PETITION Public Service Commission (1964)]
(b) the questions raised in the certiorari have been
Certiorari Distinguished From Appeal duly raised and passed upon by the lower court
Certiorari Appeal [Fortich-Celdran v. Celdran (1967)] or are the same
Proper to correct errors Proper where error is not as those raised and passed upon in the lower
of jurisdiction committed one of jurisdiction but an court [Pajo v. Ago (1960)]
by lower courts, grave error of law or fact which (c) there is an urgent necessity for the resolution of
abuse of discretion which is a mistake of judgment the question and delay would prejudice the
is tantamount to lack of interests of the government [Vivo v.Cloribel (1966)]
jurisdiction (d) the MR would be useless [People v. Palacio
Certiorari invokes Appeal when filed (1960)]
original jurisdiction of the invokes the appellate (e) the petitioner was deprived of due process and
court jurisdiction of the court there is extreme urgency for relief [Luzon Surety v.
Within 60 days from Filed within period of Marbella (1960)]
notice of judgment, order appeal (f) the proceeding was ex parte in which the
or resolution petitioner had no opportunity to object [Republic
An original and Continuation of the v. Maglanoc (1963)]
independent action original case (g) the issue raised is purely a question of law or
Impleads the tribunal, Parties to an appeal are where the public interest is involved [PALEA v.
court, board or officer the original parties of the PAL (1982)]
case
RELIEFS PETITIONER IS ENTITLED TO
Prohibition Distinguished From Injunction Petitioner may be entitled to:
Prohibition Injunction (a) Injunctive relief – Court may may issue orders
Directed to the court or Directed against a party expediting the proceedings, and it may also grant
tribunal directing it to to the action a temporary restraining order or a writ of
refrain from the preliminary injunction for the preservation of the
performance of acts rights of the parties [Rule 65, Sec. 7]
which it has no (b) Incidental reliefs as law and justice may require
jurisdiction to perform [Rule 65, Secs. 1 and 2]
(c) Other reliefs prayed for or to which the petitioner
is entitled [Rule 65, Sec. 8]

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DISTINGUISH FROM QUO WARRANTO IN THE OMNIBUS


FACTIONS/OMISSIONS OF MTC/RTC IN ELECTION CASES ELECTION CODE
Jurisdiction in Election Cases [Omnibus Election ROC Rule 66 OEC Sec. 253
Code, Sec. 268]: Filed by whom
Solicitor General or Public Any voter
RTC: has the exclusive original jurisdiction to try and Prosecutor in behalf of the
decide any criminal action or proceedings for Republic; Individual
violation of the Omnibus election Code Where filed
By SolGen: RTC Manila, COMELEC, if against
Exception: those relating to the offense of failure to CA or SC; Otherwise, RTC election of a Member
register or failure to vote which shall be under the with jurisdiction over of Congress, Regional,
jurisdiction of the metropolitan or municipal trial territorial area where Provincial or City
courts. respondent resides, CA or Officer;
SC
From the decision of the courts, appeal will lie the appropriate RTC or
same as in other criminal cases. MTC, if against a
municipal or barangay
Note: RA 7691 which expanded the jurisdiction of the officer
MTC, did not divest the RTC of its jurisdiction over Period for filing
the said offenses, even if the imposable penalty is Within 1 year from ouster, Within 10 days after
not more than 6 years of imprisonment [COMELEC v. or from the time the right proclamation of
Noynay (1998)] to the position arose results
Against whom, grounds
WHERE TO FILE PETITION [Rule 65, Sec. 4]
A person, who usurps, Ineligibility or
The petition shall be filed: intrudes into or unlawfully disloyalty to the
(a) In the SC; or holds or exercises a public Republic
(b) In the RTC exercising jurisdiction over the office, position or
territorial area , if it relates to the acts or franchise;
omissions of a lower court or of a corporation,
board, officer or person; A public officer, who does
(c) In the CA, whether or not the same is in aid of its or suffers an act which, by
appellate jurisdiction; or provision of law,
(d) In the Sandiganbayan, if it is in aid of its appellate constitutes a ground for
jurisdiction. forfeiture of office
Note: If it involves the acts or omissions of a quasi- How commenced
judicial agency, and unless otherwise provided by By a verified petition [Rule 66, Sec. 1]
law or these rules, the petition shall be filed in and
cognizable only by the CA. WHEN THE GOVERNMENT COMMENCES AN ACTION AGAINST
INDIVIDUALS
EFFECTS OF FILING OF AN UNMERITORIOUS PETITION [Rule (a) By Government, brought in the name of the
65, Sec. 8] Republic of the Philippines, against:
(1) A person who usurps, intrudes into, or
The court, however, may dismiss the petition if it unlawfully holds or exercises a public office,
finds the same to be patently without merit, position or franchise
prosecuted manifestly for delay, or that the (2) A public officer who does not or suffers an act
questions raised therein are too unsubstantial to which, by the provision of law, constitutes a
require consideration. ground for the forfeiture of his office
(3) An association which acts as a corporation
QUO WARRANTO within the Philippines without being legally
Quo warranto is the remedy to try disputes with incorporated or without lawful authority so to
respect to the title to a public office. act [Rule 66, Sec. 1]

(b) When Solicitor General or public prosecutor


MUST commence action:
(1) When directed by the President of the
Philippines.

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(2) When upon complaint or otherwise, he has any part thereof or any interest therein, showing
good reason to believe that any case specified as far as practicable the separate interest of each
in Sec. 1 can be established by proof. [Rule 66, defendant.
Sec. 2] (d) The following must be clearly stated in the
complaint , if applicable:
(c) When Solicitor General or public prosecutor MAY (1) If the title to any property sought to be
commence action: expropriated appears to be in the Republic of
(1) with permission of the court the Philippines, although occupied by private
(2) at the request and upon the relation of individuals;
another person (2) If the title is otherwise obscure or doubtful so
(3) Officer bringing such action may first require that the plaintiff cannot with accuracy or
an indemnity for the expenses and costs of the certainty specify who are the real owners.
action in an amount approved by and [Rule 67, Sec. 1]
deposited in court. [Rule 66, Sec. 3]
TWO STAGES IN EVERY ACTION FOR EXPROPRIATION
WHEN INDIVIDUAL MAY COMMENCE AN ACTION
By a person claiming to be entitled to a public office Determination of the authority of the plaintiff to
or position, brought in his own name, against exercise the power of eminent domain and the
another who usurped or unlawfully held or exercised propriety of its exercise in the context of the facts.
such public office or position [Rule 66, Sec. 5]
This stage is terminated by either an order of
JUDGMENT IN QUO WARRANTO ACTION dismissal of the action or order of the condemnation
When the respondent is found guilty of usurping, declaring that expropriation is proper and legal.
intruding into, or unlawfully holding or exercising a These orders are final and therefore appealable.
public office, position, or franchise, judgment shall [Municipality of Biñan v. Garcia (1989)]
be rendered that such respondent be ousted and
altogether excluded therefrom, and that the It includes an inquiry into the propriety of the
petitioner or relator recover his costs. [Rule 66, Sec. expropriation – its necessity and public purpose.
9] [Riano]

RIGHTS OF A PERSON ADJUDGED ENTITLED TO PUBLIC Determination of just compensation.


OFFICE This is done with the assistance of not more than
If judgment be rendered in favor of the person three (3) commissioners.
averred in the complaint to be entitled to the public
office he may, after taking the oath of office and The order fixing just compensation is also final and
executing any official bond required by law, take appealable (Ibid). Just compensation is to be
upon himself the execution of the office, and may determined as of the date of the taking of the
immediately thereafter demand of the respondent propriety or the filing of the complaint, whichever
all the books and papers in the respondent's custody comes first.
or control appertaining to the office to which the
judgment relates. Ansaldo v. Tantuico (1990): There is taking when the
owner is actually deprived or dispossessed of his
The person adjudged entitled to the office may also property; when there is a practical destruction or a
bring action against the respondent to recover the material impairment of the value of his property or
damages sustained by such person by reason of the when he is deprived of the ordinary use thereof.
usurpation. [Rule 66, Sec. 10]
Bardillon v. Bgy. Masili (2003): An expropriation suit is
EXPROPRIATION incapable of pecuniary estimation. Accordingly, it
MATTERS TO ALLEGE IN COMPLAINT FOR EXPROPRIATION falls within the jurisdiction of RTCs, regardless of the
The complaint for expropriation must be VERIFIED. value of the subject property.
Contents:
(a) The right and purpose of expropriation
(b) Description of the real or personal property
sought to be expropriated;
(c) The complaint shall join as defendants all
persons owning or claiming to own, or occupying

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WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO Rule 67 RA 8974


POSSESSION OF THE REAL PROPERTY, IN RELATION TO RA depositary
8974 Amount for deposit Amount to be paid is:
equivalent to 100%  100% of the value of
Sec. 4. of RA 8974 otherwise known as “An Act to assessed value of the the land as stated in
facilitate the acquisition of right-of-way, site or property for purposes of the tax declaration or
location for national government infrastructure taxation. current zonal
projects and for the purposes”: [w]henever it is valuation, whichever
necessary to acquire real property for the right-of- is higher, and the
way or location for any national government value of
infrastructure project through expropriation, the improvements, OR
appropriate implementing agency shall initiate the  in the case of utmost
expropriation proceedings before the proper court urgency, the proffered
under the following guidelines: value of the property
to be seized
(a) Upon the filing of the complaint, and after due
notice to the defendant, the implementing NEW SYSTEM OF IMMEDIATE PAYMENT OF INITIAL JUST
agency shall immediately pay the owner of the COMPENSATION
property the amount equivalent to the sum of (1) See table of comparison under the preceding
100% of the value of the property based on the subsection, column of RA 8974.
current relevant zonal valuation of the Bureau of
Internal Revenue (BIR); and (2) the value of the DEFENSES AND OBJECTIONS
improvements and/or structures as determined No Objection Or Defense Has Objection Or
under Section 7 hereof; To The Taking Defense To The Taking
(b) In provinces, cities, municipalities and other areas
where there is no zonal valuation, the BIR is What to file and serve
hereby mandated within the period of sixty (60) Notice of appearance Answer to the
days from the date of the expropriation case, to and manifestation complaint
come up with a zonal valuation for said area; and
(c) In case the completion of a government Period to file
infrastructure project is of utmost urgency and Time stated in the summons
importance, and there is no existing valuation of Contents
the area concerned, the implementing agency Manifestation to the Specifically
shall immediately pay the owner of the property effect that he has no designating/identifying
its proffered value taking into consideration the objection or defense; the property in which he
standards prescribed in Section 5 hereof. claims to have an
Specifically interest in and the
Upon compliance with the guidelines above- designating/identifying nature and extent of
mentioned, the court shall immediately issue to the the property in which he the interest;
implementing agency an order to take possession of claims to be interested
the property and start the implementation of the ALL his objections and
project. defenses to the
complaint or any
Riano opines that Sec. 2 of Rule 67 is deemed allegation therein
modified by RA 8974. He noted the following Prohibited
differences:
Counterclaim, cross-
claim, third party
Rule 67 RA 8974 complaint in any
Before issuance of writ of Upon filing of the pleading
possession complaint
Expropriation Right-of-way, site or A foreclosure action must be brought in the RTC of
proceedings initiated by location of national the province where the land or any part thereof is
the national government government situated.
infrastructure projects
A defendant waives all defenses and objections not
Initial deposit with an Immediate payment to so alleged, but the court, in the interest of justice,
authorized government the property owner

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may permit amendments to the answer not to be and report to the court the just compensation for the
made later than ten (10) days from filing thereof. property sought to be taken. [Rule 67, Sec. 5]

At the trial of the issue of just compensation, APPOINTMENT OF COMMISSIONERS; COMMISSIONER’S


whether the defendant has previously appeared or REPORT; COURT ACTION UPON COMMISSIONER’S REPORT
answered, he may present evidence as to the amount
of the compensation to be paid for his property, and Order of appointment to be served on the parties.
he may share in the distribution of the award. [Rule Objections to the appointment of any of the
66, Sec. 3] commissioners shall be filed in court within ten (10)
days, and shall be resolved within thirty (30) days
ORDER OF EXPROPRIATION after all the commissioners have received copies of
It declares that the plaintiff has a lawful right to take the objections.
the property sought to be expropriated for the public
use or purpose described in the complaint, upon Powers and duties of commissioners:
payment of just compensation to be determined as (a) Parties can present evidence before the
of the date of the taking of the property or the filing commissioners and the latter have the power to
of the complaint whichever is earlier. administer oaths or hearings before them;
(b) They can, after due notice to the parties to attend,
It is issued by the court in which the complaint for view and examine the property sought to be
expropriation is filed when: expropriated and its surroundings and may
(a) objections or defenses of the defendant have measure the same;
been overruled, or
(b) the defendant raised no such defense or Exception: when the parties agree otherwise, the
objection, or commissioners cannot view and examine the
(c) No party appears to defend. [Rule 67, Sec. 4] property
(1) The commissioners shall assess the
ASCERTAINMENT OF JUST COMPENSATION consequential damages to the property taken
Just Compensation and deduct from such consequential damages
is defined as the full and fair equivalent of the the consequential benefits derived by the
property taken from its owner by the expropriator. owner from the public use or purpose of the
property taken, the operation of its franchise
Determined as of the date of taking of the property, by the corporation or person taking the
or the filing of the complaint, whichever came first. property.
[Rule 67, Sec. 4] (2) In no case shall the consequential benefits
The measure is not the taker’s gain, but the owner’s assessed exceed the consequential damages
loss. To compensate is to render something which is assessed, or the owner be deprived of the
equal in value to that taken or received. actual value of his property so taken. [Rule 67,
Sec. 6]
The word “just” is used to intensify the meaning of (c) The commissioners shall make full and accurate
the word “compensation”; to convey the idea that report to the court of all their proceedings.
the equivalent to be rendered for the property taken (1) The report shall be filed within 60 days from
shall be real, substantial, full, and ample. the date the commissioners were notified of
their appointment.
In eminent domain or expropriation proceedings, the (2) Upon filing of the report, the clerk of court
general rule is that the just compensation which the shall serve copies thereof on all interested
owner of condemned property is entitled to is the parties, with notice that they are allowed ten
market value. (10) days within which to file objections to the
findings of the report, if the parties desire.
Market Value [Rule 67, Sec. 7]
Is “that sum of money which a person desirous but (d) After the 10-day period for objecting to the
not compelled to buy, and an owner willing but not commissioners’ report, the court, after hearing,
compelled to sell, would agree on as a price to be may:
given and received therefore.” [BPI v. CA (2004)] (1) ACCEPT the report and render JUDGMENT in
accordance therewith;
Upon the rendition of the order of expropriation, the (2) RECOMMIT the report to the commissioners
court shall appoint not more than 3 competent and for further report of facts;
disinterested persons as commissioners to ascertain

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(3) SET ASIDE the report and APPOINT new (b) Extrajudicially – proper only when so provided in
commissioners; contracts in accordance with Act. No. 3135;
(4) ACCEPT the report IN PART and REJECT it IN governed by A.M. No. 99-10-05-0.
PART;
Monte de Piedad v. Rodrigo (1931) : A foreclosure
And make such order or render judgment as shall action must be brought in the RTC of the province
secure to the plaintiff the property essential to where the land or any part thereof is situated.
the exercise of his right of expropriation and to
the defendant just compensation for the property If a mortgage contract covers several distinct parcels
so taken. [Rule 67, Sec. 8] of land situated in different provinces, the action may
be brought in the RTC of any of the provinces and
RIGHTS OF PLAINTIFF UPON JUDGMENT AND PAYMENT the judgment will be enforceable against any of the
(a) Right to enter upon the property expropriated parcels of land involved.
and appropriate it for the public use or purpose
as stated. Upon payment by the plaintiff to the JUDGMENT ON FORECLOSURE FOR PAYMENT OR SALE
defendant of the compensation fixed by the
judgment, with legal interest thereon from the Judgment
taking of the possession of the property, or after Payment
tender to him of the amount so fixed and If upon the trial, the court shall find the facts set
payment of the costs, the plaintiff shall have the forth in the complaint to be true, it shall ascertain
right to enter upon the property expropriated and the amount due to the plaintiff upon the mortgage
to appropriate it for the public use or purpose debt or obligation, including interest and other
defined in the judgment, or to retain it should he charges as approved by the court, and costs, and
have taken immediate possession thereof under shall render judgment for the sum so found due and
Sec. 2. [Rule 67, Sec. 10] order that the same be paid to the court or to the
(b) Right to enter upon the property even pending judgment obligee within a period of not less than 90
appeal. The right of the plaintiff to enter upon the days nor more than 120 days from the entry of
property of the defendant and appropriate the judgment (“equity of redemption”).
same for public use or purpose shall not be
delayed by an appeal from the judgment. Sale
In default of such payment the property shall be sold
The judgment entered in expropriation proceedings at public auction to satisfy the judgment. [Rule 68,
shall state definitely, by an adequate description, the Sec. 2]
particular property or interest therein expropriated,
and the nature of the public use or purpose for which SALE OF MORTGAGED PROPERTY; EFFECT
it is expropriated. [Rule 67, Sec. 13] (a) When the defendant fails to pay the amount of
the judgment within the period specified therein,
EFFECT OF RECORDING OF JUDGMENT
the court, upon motion, shall order the property
When real estate is expropriated, a certified copy of to be sold in the manner and under the provisions
the judgment entered in expropriation proceedings of Rule 39 and other regulations governing sales
shall be recorded in the registry of deeds of the place of real estate under execution.
in which the property is situated, and its effect shall (1) It is the ministerial duty of the court to order
be to vest to plaintiff the title to the real estate so the foreclosure of the property when the debt
described for such public use or purpose. [Rule 67, is not paid within the period specified.
Sec. 13] (2) A motion for such order of sale is non-litigable
and may be made ex parte. [Gov’t of P.I. v De
FORECLOSURE OF REAL ESTATE MORTGAGE las Cajigas (1931)]
(Asked in the 2003 Bar Exam) (b) Such sale shall not affect the rights of persons
holding prior encumbrances upon the property or
The cause of action in a foreclosure suit is generally a part thereof, and
the non-payment of the mortgage loan, but it may (c) When confirmed by an order of the court, also
be on other grounds which under the contract upon motion, it shall operate to divest the rights
warrant the foreclosure, such as the violation of the in the property of all the parties to the action and
other conditions therein. to vest their rights in the purchaser, subject to
such rights of redemption as may be allowed by
Foreclosure may be made: law.
(a) judicially – governed by Rule 68

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(d) Possession: Upon the finality of the order of


confirmation or upon the expiration of the period If the debtor dies, the deficiency may be filed as a
of redemption when allowed by law, the claim against his estate. [Rule 86, Sec. 7]
purchaser at the auction sale or last
redemptioner, if any, shall be entitled to the Exceptions:
possession of the property, unless a third party is (a) Third Party Mortgagor - No deficiency judgment
actually holding the same adversely to the may be rendered where the mortgage was
judgment obligor. executed by a third person to secure the
(e) The said purchaser or last redemptioner may obligation of a debtor, such third person not
secure a writ of possession, upon motion, from having assumed personal liability for the debt.
the court which ordered the foreclosure. [Rule 68, The remedy is an ordinary action against the
Sec. 3] debtor. [Philippine Trust Co. v. Echaus Tan Siusa
(f) The purchaser is entitled to a writ of possession (1929)]
and it is ministerial upon the court to issue a writ
of possession in his favor upon an ex parte (b) Extrajudicial Foreclosure - There can be no
motion. [Barican, et al v Caguioa, et al, (1986)] deficiency judgment because there was no
judicial proceeding in the foreclosure. Recovery
DISPOSITION OF PROCEEDS OF SALE can be made through a separate action. [DBP v
Claims to be satisfied by the proceeds of the public Mirang (1975); DBP v Zaragosa, (1978); PNB v CA
sale of mortgaged property (in order): (1999)]
(a) Costs incurred in the sale of property
(b) Claim of the person foreclosing the property Instances when court cannot render deficiency
(c) Claims of junior encumbrancers in the order of judgment
their priority
JUDICIAL FORECLOSURE V. EXTRAJUDICIAL FORECLOSURE
If proceeds of the sale exceeds the cost of the sale as Judicial Foreclosure Extrajudicial Foreclosure
well as the claims of the person foreclosing the Governed by the Rules of Governed by Act 3135 as
property and junior encumbrancers, the residual Court amended
amount shall be given to the mortgagor or his agent, Involves the filing of an Does not require filing of
or to the person entitled to it. [Rule 68, Sec. 4] independent action an action
If the proceeds of the sale is less than the amount of Equity of redemption Right of redemption
the claims to be satisfied, the person foreclosing the EXCEPT if the
property may move for a DEFICIENCY JUDGMENT foreclosure is in favor of
from the court confirming the foreclosure sale, to banks as mortgagees, a
recover the amount of the deficiency in his claim. Right of redemption
exists
DEFICIENCY JUDGMENT There could be a No deficiency judgment
Definition: A judgment against a debtor for the deficiency judgment because there is no
unpaid balance of the debt if a foreclosure sale or a judicial proceeding
sale of repossessed personal property fails to yield BUT deficiency can be
the full amount of the debt due; also termed a recovered
deficiency decree. (Black’s Law Dictionary) Recovery of deficiency is Recovery of deficiency is
by mere motion for a by an independent
General rule: Sec. 6 provides for a deficiency deficiency judgment action
judgment which shall be rendered, on motion, when
the foreclosure sale did not produce proceeds Registration [Rule 68, Sec. 7]
sufficient to satisfy the judgment. A CERTIFIED COPY of the final order confirming the
sale shall be registered in the Registry of Deeds.
In extrajudicial foreclosure, the mortgagee can also
recover by action any deficiency in the mortgage If No Right Of If A Right Of Redemption
account which was not realized in the foreclosure Redemption Exists Exists
sale. [PNB v. CA (1999)] The Certificate of Title The Certificate of Title in
in the name of the the name of the
A motion for deficiency judgment may be made only mortgagor shall be mortgagor shall NOT be
after the sale and after it becomes known that a cancelled, and a new cancelled, but the
deficiency exists. [Governor of the Philippine Islands v. one issued in the name Certificate of Sale and
Torralba Vda. de Santos (1935)] of the purchaser. the order confirming the

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sale shall be registered Equity Of Redemption Right Of Redemption


and a brief where the mortgagee is
memorandum thereof the Philippine National
shall be made by the Bank or a bank or
Registrar of Deeds upon banking institution.
the certificate of title [Huerta Alba Resort, Inc.
v. CA (2000)]
If The Property Is If The Property Is Not
Redeemed Redeemed Confirmation of the sale of mortgaged real property
The Deed of The FINAL Deed of vests title in the purchaser including the equity of
Redemption shall be Sale executed by the redemption, it retroacts to the date of the sale. It
registered with the sheriff in favor of the cuts off all the rights or interests of the mortgagor
Registry of Deeds and a purchaser at the and of the mortgagee. [Lozame v Amores (1985]].
brief memorandum foreclosure sale shall
thereof shall be made be registered with the The motion for the confirmation of the sale requires
by the Registrar of Registry of Deeds. a hearing to grant an opportunity to the mortgagor
Deeds on said to show cause why the sale should not be confirmed
certificate of title. The Certificate of Title [Tiglao v Botones, 90 Phil 275], as by proof of
in the name of the irregularities therein or of gross inadequacy of the
mortgagor shall be price. Lack of notice vitiates the confirmation of the
cancelled and a new sale.
one shall be issued in
the name of the PARTITION
purchaser. Partition of property may be:
(a) Extrajudicial – by agreement
EQUITY OF REDEMPTION VERSUS RIGHT OF REDEMPTION (b) Judicial – compulsory; governed by Rule 69
Equity Of Redemption Right Of Redemption
Right of the defendant Right of redemption is Even if the parties resorted to judicial partition, they
mortgagor to extinguish the right granted to the may still make an amicable partition of the property.
the mortgage and retain debtor-mortgagor, his [Secs. 2 and 12]
ownership of the successor-in-interest or
property by paying the any judicial creditor of WHO MAY FILE COMPLAINT; WHO SHOULD BE MADE
amount fixed in the said debtor-mortgagor DEFENDANTS
decision of the court or any person having a Filed by person having the right to compel the
within 90 to 120 days lien in the property partition of real estate, [Sec. 1], or of personal
after entry of judgment subsequent to its property, or of both real and personal property. [Sec.
or even after the mortgage or deed of 13]
foreclosure sale but prior trust, under which the
to its confirmation. property is sold, to The plaintiff is the person who is supposed to be a
[Limpin v. Intermediate redeem the property co-owner of the property. The defendants are all the
Appellate Court (1988)] within 1 year from the co-owners, who are indispensable parties.
registration of the
sheriff’s certificate of Sepulveda v. Pelaez (2005): All persons considered as
foreclosure sale. [De co-owners and interested in the property to be
Castro v. Intermediate partitioned are indispensable parties to the action
Appellate Court [1988)] and must be impleaded.
The mortgagor may The right of redemption
exercise his equity of in relation to a mortgage Exceptions to the Right to Ask for Partition
redemption in judicial is understood in the (a) When there is a stipulation against it, not
foreclosure before the sense of a prerogative to exceeding 10 years [Art. 494, Civil Code]
sale is confirmed by the re-acquire mortgaged (b) When partition is prohibited by the donor or
court (Raymundo v property after testator for a period not exceeding 20 years [Art.
Sunico, 1913; Rosales v registration of the 494, 1083 Civil Code]
Suba, 2003). foreclosure sale. It exists (c) When partition is prohibited by law (e.g. ACP,
No right of redemption is only in the case of the party wall) [Art. 494, Civil Code]
recognized in a judicial extrajudicial foreclosure (d) When the property is not subject to a physical
foreclosure, except only of the mortgage. division and to do so would render it

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unserviceable for the use for which is it intended They must accept all or none. Parties who had
[Art. 495 Civil Code] or received the property assigned to them are
(e) When the condition imposed upon voluntary heirs precluded from subsequently attacking its validity of
before they can demand partition has not yet any part of it.
been fulfilled. [Art. 1084 Civil Code]
Partition may be inferred from circumstances
MATTERS TO ALLEGE IN THE COMPLAINT FOR PARTITION sufficiently strong to support the presumption. Thus,
Contents of complaint for partition after a long possession in severalty, a deed of
(a) Nature and extent of the complainant’s title partition may be presumed.
(b) Adequate description of the real estate of which
the partition is demanded Recitals in deeds, possession and occupation of land,
(c) All other persons interested in the property must improvements made thereon for a long series of
be impleaded. [Rule 69, Sec. 1] years, and acquiescence for 60 years, furnish
sufficient evidence that there was an actual partition
TWO (2) STAGES IN EVERY ACTION FOR PARTITION of land either by deed or by proceedings in the
Determination of the propriety of partition probate court, which had been lost and were not
This involves a determination of whether the subject recorded.
property is owned in common and whether all the
co-owners are made parties in the case. Where a tract of land held in common has been
The order may also require an accounting of rents subdivided into lots, and one of the lots has long
and profits recovered by the defendant. This order of been known and called by the name of one of the
partition is appealable. [Miranda v. Court of Appeals tenants in common, and there is no evidence of any
(1976)] subsequent claim of a tenancy in common, it may
fairly be inferred that there has been a partition and
If not appealed, then the parties may partition the that such lot was set off to him whose name it bears.
common property in the way they want. If they
cannot agree, then the case goes into the second Venue
stage. However, the order of accounting may in the Actions for partition should be filed in the RTC of the
meantime be executed. [De Mesa v. CA (1994)] province where the property or part thereof is
situated.
The actual partitioning of the subject property
This is also a complete proceeding and the order or If several distinct parcels of land are situated in
decision is appealable. different provinces, venue may be laid in the RTC of
any of said provinces. [Pancho v. Villanueva,(1956)]
When there was a prior partition, the fact that the
share of each co-heir has not been technically ORDER OF PARTITION AND PARTITION BY AGREEMENT
described and the title over the whole lot remains Order of partition
uncancelled does not negate such partition. After trial, if the court finds that the plaintiff has the
right to the property subject of partition, it shall issue
There can be no partition again because there is no an order demanding the partition of the real estate
st
more common property. [Noceda v. CA (1999)] among all the parties in interest. [Sec. 2] (Refers to 1
stage of partition)
Crucillo v. IAC, 1999: Oral partition of land when the
same is fully consummated is valid and binding upon Partition by Agreement
the parties thereto. After the issuance of the order of partition, the
parties will then be asked if they agree to make
Maglucot-aw et al. v. Maglucot et al. (2000): Parties to partition of the property among themselves
a partition proceeding, who elected to take under
partition, and who took possession of the portion
allotted to them, are estopped to question title to
portion allotted to another party. A person cannot
claim both under and against the same instrument. If they agree, proper instruments of conveyance
In other words, they accepted the lands awarded will be executed to effect the partition.
them by its provisions, and they cannot accept the
decree in part, and repudiate it in part.

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pays to the other parties such amounts as the


After the execution of instruments of
commissioners deem equitable
conveyance, the court shall confirm the
partition through a final order.
Exception: if one of the parties asks that the property
be sold instead of being so assigned, then the court
shall ORDER the commissioners to sell the real
estate at public sale under such conditions and
The final order of partition and the instruments within such time as the court may determine. [Rule
of conveyance shall be registered with the 69, Sec. 5]
Registry of Deeds where the property is
situated. [Rule 69, Sec. 2] Commissioner’s Report
The commissioners shall make a full and
accurate report to the court of all their
If they do no