Remedial notes: Remedy of the litigant: 1. 2. 3. 4. 5.

motion to dismiss (rule 16) and dismissal of action (rule 17) demurrer to evidence after rendition of judgment: motion for recon or new trial, appeal (rule 40-45) when judgment becomes executory: petition for relief from judgment and annulment of judgment.

Basic principles: Kinds of juris: 1. original: the court that take cognizance of the case for the first time. Exclusive (the lower court in UD/FE case) and concurrent. 2. appellate: the court that take cognizance of the case for the second/third time. No concurrent appellate juris bec of hierarchy of courts. 3. Juris over the subject matter: juris is conferred by law, RA 8369 (family courts) 4. Juris over the parties: in civil cases (plantiff, defendant, co-party defendant, 3rd-4th-5th party defendant and intervenor); in criminal cases (plantiff and the accused), in special proceedings (no defendant (but there can be an oppossitor), only petitioner except petition for habeas corpus there is need to name the defendant); 5. Juris over the issue: determined by the allegation in the complaint, 6. Juris over the res: object of the action: important if and when the court cannot acquire jurisdiction over the person of the defendant. 7. Juris over territory: in civil cases territorial juris refers to venue: important in crim cases bec venue is jurisdictional, the crim court can take cognizance of the case if the offense or the crime was committed in such territory. 8. Special kind of jurisdiction: delegated juris- juris of lower courts in taking cognizance of land registration and cadastral cases where the assessed value is not more than 100k and no oppossitors. Not appealable to the RTC but in CA. 9. Residual jurisdiction: juris of the trial courts which remains within/in it even after it lost juris over the subject matter of the case. RTC loses juris over the SM when the notice of appeal has been perfected and the period to file a motion for new trial or recons lapses. Eg of residual juris.: When the court issues writ of execution pending appeal. 10. Residual prerogatives: authority of the appellate court to dismiss a case motu propio pursuant to rule 9. As distinguished to residual jurisdiction. 11. Special juris: authority of the lower court to take cognizance of a petition for the issuance of writ of habeas courpus, bail in the absence of the RTC judges. 12. Limited juris: where it can take cognizance to decide on certain matters. Eg probate court.

Juris over the subject matter: SC, CA, CTA, SB, RTC and LOWER COURT. RA 7691 SC: not conferred by law but rather conferred by Consti. CA: RA 7691: exclusive original limited to annulment of judgment of RTC. Quasi-judicial bodies not included here bec the remedy is petition for review. Concurrent jurisdiction together with the SC and RTC.

RTC: RA 7691: action not capable of pecuniary estimation (exclusive and orig juris of RTC): not specifically for sums of money, even if money is involved it is only incidental claim of the action. Action involving title to or possession of property; even if accion publiciana the assessed value of the prop. determines the juris of the court. MTCs: 2 procedure applicable: regular and summary procedure: UD/FE exclusively and originally cognizable by MTC. If claim is below 200k govern by summary procedure. When can we avail of small claim suit/summary procedure: if the claim is less than 100k, but if between 101 and 200k if in MM = summary procedure. Summary procedure: violation of BP 22 regardless of the amount, SB: has both orig and appellate juris: unlike the SC and CA which have only appellate juris in crim case. Orig juris of SB: What crime or offense was committed all cases which are in violation of RA 3019 or the anti-graft and corrupt practices, RA 1379 or the ill-gotten wealth law, EO 1,2 14, 14-A or the creation of the power of the PCGG, the crime involving bribery under RPC, estafa and falsification of document by jurisprudence. Who committed the crime or offense it must be a public officer who has a salary grade 27 but it not absolute should be performing public function. How it is committed ruling generally say public officer in relation to his public office. Applicable laws: RA 7975 and 8249 Small claim: not more than 100k: lawyers cannot participate. The juris is determined by the law in force at the time of the commencement of the action; in crim case the commencement is not the commencement of the proceeding (by filing of information) but the commencement of the action (by filing of the complaint). Rule 1: general provision: *commencement of action: not only upon filing of the complaint but also upon payment of correct docket fees, defendant who interposes counter-claim need to pay docket fees but only in cases of permissive counter-claim. In cases of appeal: will never acquire juris if there is no payment of correct appellate docket fee Cause of action: act or omission by which a party violates the right of the other. Brings about a right of actionwith the plaintiff. Principle of one suit for a single cause of action- 1-1 Cannot split cause of action: joinder of causes of action not mandatory only to avoid multiplicity of suit, when A has several causes of action which he filed only in one complaint. Requisites: the party joining shall comply with joinder of parties, the joinder shall not include special civil action, principally for sum of money the total amount of the oblig shall determine the juris (totality tule). Not a ground for a motion to dismiss, the remedy is amendment in case of misjoinder of action. Rule 3: parties to civil action: only a natural/juridical parties/ entities authorized by law. (eg estate) representative party vs class suit RP: the party suing is only representing the person who is a party in interest, CS: the subject matter of the controversy is one of common interest. Indispensable party vs necessary party: complete and final IP: one without whom no final determination of the case. Rule 4: venue: in crim case venue is jurisdictional. As that provided by law in the absence thereof by agreement of the parties, in the absence of the two it depends if it is real or personal action. Rules on summary procedure: apply only in the lower court, there are prohibitive pleadings, the periods required of in SP are much shorter than in the regular procedure, 10 days to file an answer, the court must render decision within 30 day unlike in regular procedure which is 90 days. Rule 6: kinds of pleadings: complaint plaintiffs causes of action or allegation, answer contains the defenses of the defendant, can either be affirmative (payment, prescription, statute of fraud, statute of limitation) or negative defense which the latter deny the allegation, and reply.

rule 8: manner of making allegation in the pleading: rule on actionable document: any doc which is the basis of ones claim, effect of failure to plead default, there is only one ground party to declare in default if fails to file an answer in the pleading, plaintiff can also be held in default in case of permissive counter-claim, cannot be done motu proprio, there must be filing of a motion which is litigated. Remedy of defaulted party by a filing a motion to set aside the order of default. If there is no motion to set aside the order of default: there shall be judgment by default. Amendment of pleading: as a matter of right- before the adverse party served responsive pleading whether formal or substantial, but once receive copy of answer by motion with leave of court or discretionary amendment. Supplemental pleading do not overwrite the original pleading. In civil cases amendment is available in all/any pleading, in crim cases amendment is available only in information or complaint. 30 day period: filing of an answer if the defendant is a foreign entity, 60 day period: extra-territorial service, to file an answer 10 day period: filing of an answer if the case is covered by the rules on summary procedure, and amended to the pleading is not a matter of right, 15 day period: to file an answer from receipt or service of summons, if amended as a matter of right Rule 12: Bill of particular: the grant or denial is discretionary upon the court, if granted the party has 10 days to move for BP but if denied only the balance but not to exceed 5 days. Rule 13: filing submission of the pleading to the office of the clerk of court, service- furnishing of the copy. Modes of services and modes of filing, completeness- by filing personally and the receipt right there and then. 5 days after the first notice from the office of the postal service. Personal filing and service is prioritize. Rule 14 on summons: process whereby emanating from the clerk court directing to sheriff to the defendant to file his answer within the period stated therein. If not properly served the plaintiff may request for alias summons. Maybe served either by the sheriff, deputy or other person authorized by the court. Different mode of service of summons service in person on the defendant, substituted service, service thru publication, extra-territorial service (service in person, service thru publication and in any other mode authorized by the court). Substituted service of summons done in two ways either at the office of the defendant (person in charged of the office)or in the residence of the defendant. Rule 15: a motion may either be litigated or non-litigated. Litigated one which is required to be in writing and further set for hearing and served upon adverse party. 3 day notice rule: that the adverse party must received a copy of the motion 3 days before the sched hearing. 10 days setting rule- the motion which a party files must be set for hearing within 10 day period counted from the filing of the motion. Omnibus motion rule alleged all ur ground to the motion. Rule 16: motion to dismiss: grounds: no juris over the person of the defending party, no juris over SM, venue is improperly laid, no legal capacity to sue, litis pendentia, re judicata, no cause of action, the demand has been paid/extinguished, unenforceable, condition precedent has not been complied with (prejudicial question). Must be file before answer. Res judicata: there must be a final judgment, rendered by court of competent jurisdiction, judgment on the merit(when all parties given opportunity to present his side eg: judgment by default, summary judgment), identity of cause of action/parties/subject matter. Absence of identity (eg. Identity of cause of action) under res judicata in conclusiveness of judgment.

Statute of fraud: unenforceable: there are certain contract which should be in contract. Condition precedent: exhaustion of admin remedies, when the action is between the same member of the family, brgy conciliation, (if absence thereof ground for motion to dismiss) but it is not jurisdictional, if invoked not on lack of juris but on the ground of prematurity. Rule 17: dismissal of action: dismissal by notice or dismissal by/upon motion: after answer he can no longer avail of dismissal by notice. Needs order of confirmation. The latter is by motion after answer has been served to the plaintiff, limited only to the complaint. Rule 18: pre-trial: MANDATORY: absence: irregularity, settlement in crim case= PLEA BARGAINING. Before pre-trial should go first/referred to PMCO for a period of 60 days for the possible settlement. Rule 19: intervention: the intervenor is interested in the case, can only file a complaint or an answer once he is allowed by the court. Modes of discovery rule 23-29: Rule 23: deposition pending action: may apply also to other modes, there must be pending action, not a documentary/real evid but rather it is a testimonial evid, must comply with the rule on testimonial evid, (if disqualify to testify it is also disqualify to give deposition), the deposition taken is not automatically evid of the person who takes deposition, any party can be a deponent even a non-party. 2 kind of deposition taking: upon oral examination (after proper notice to parties in interest) or written interrogatories direct examination/cross/re-direct/re-cross prepared already. Use of deposition: can be use by any party for the purpose of impeaching the testimony of the deponent. Deposition before action: no case yet, JPE 88 yrs old able to secure a loan payable in 25 yrs for the amount of 50M, Interrogatories to parties Admission by adverse party Inspection/production of doc or thing- usually happens in the crim case (ocular inspection) Physical and mental examination of person can only avail if such P/M examination is material to the case Refusal to comply with modes of discovery the party maybe compel to comply, or ask to pay for damages, can be sent to prison, contempt. Prelim-conference: clerk of court: marking of doc evid, state no. of witness, and set the case for hearing Rule 33: Demurrer to evidence: applies in both civil (preponderance of evid)and crim case (proof beyond reasonable doubt), to question or assail the sufficiency of evid. It is a kind of a motion to dismiss. Similarities: in both civ and crim: is a kind of a motion to dismiss, allowed in summary procedure, the ground is the same which is insufficiency of evid, available after the plaintiff/prosecution has rested its case. Differences: the quantum of evid, in civ after the plaintiff has rested the defendant would file a motion to demure on the same ground with leave of court, in crim with/without leave of court, as to the action: in civ if granted the effect is dismissal of the case but still appealable and reverses the dismissal the party can no longer present his evidence, in crim if granted the effect is the accused is acquittal hence not appealable, Rule 36: Kinds of judgment/final order/entry of judgment: judgment on the pleading based on the pleading (complaing/answer), happened when the answer fails to tender an issue summary judgment: based

on deposition, affidavits and other supporting document not only based on the pleadings, there still be issues left behind. Judgment nun protunc: correction of judgment: Entry of judgment: refers literally to the recording of the dispositive portion of judgment in the book of entries. The date of the finality of judgment or final order shall be deemed the date of its entry. The date of finality of judgment when any party lost his remedy of appeal/new trial/motion for recon. Rule 37: new trial/motion for recon: when to file within 15 day after receipt: if motion is denied: avail the remedy of appeal the fresh 15 day period. Fresh period not apply to motion to dismiss, petition for relief of COA or COMELEC and bill of particulars. Motion for Reconsideration: based on either be insufficiency of evid or the award of damages has been excessive which is contrary to law. New trial: in civil: F(must be extrinsic fraud)AM (mistake of fact and not of law)E, newly discovered evidence, 2nd motion for recon: NO, 2nd motion for new trial: it depends if the ground is newly discovered evidence cannot file 2nd motion. But can if the ground is FAME. If the judgment is executory the remedy is relief from judgment or annulment of judgment. Rule 38: petition for relief from judgment/from denial of appeal: available when the judgment is already executory, equitable remedy, prescriptive period: both must be complied with, the 60 day period from knowledge of judgment and 6 month period from entry of judgment. Grounds for petition for relief from judgment: FAME, where to file: not separate and distinct case/action akin to motion to be filed with the same court. Rule 47: annulment of judgment: also an equitable remedy, limited remedy against RTC and the lower court. Grounds: extrinsic fraud and lack of jurisdiction. Limitation: if on the ground of fraud 4 yrs from discovery of fraud, if lack of juris: laches or estoppel. It is a separate and distinct action. Rule 39: post judgment when there is nothing else to be done in the course of the trial; bible of the sheriff. A final judgment is not necessary executory. Execution by filing a motion for execution and not motu proprio by the court. To be filed with the trial court ministerial function, why the necessity of filing the motion bec the court has to determine whether the judgment has become executor. execution by motion- limited period of 5 yrs from entry of judgment or by independent action- if after 5 yrs. revival of judgment independent action, not actually continuation of the same action. By notice and posting, publication is necessary when the subject involved is real prop. Remedy of appeal rule 40-45: Rule 40: appeal from the lower court to the RTC: memorandum of appeal within 15 days, *notice of appeal or record of appeal, 15 days to appeal by notice of appeal, 30 days if record of appeal. If there is multiple appeal it should be by record on appeal (eg. Settlement of estate), Rule 41: appeal from RTC to CA: not appealable: or petition for relief, interlocutory order, an order of execution. An order denying a motion for recon or new trial appeal is not a remedy but appeal from the judgment. With appellants brief,

Rule 42: appeal from RTC to CA in its appellate jurisdiction: by petition for review, Rule 43: appeal from quasi-judicial bodies: to invoke injunctive relief to stay the judgment on appeal.?? Rule 44: what constitute appellants brief: must be complied strictly, non-compliance with the content is a ground for the dismissal of the appeal. Rule 45: appeal on certiorari error of judgment, only question of facts, : vs rule 65: special civil action petitioner correcting the error of jurisdiction, can raise factual issue

PROVISIONAL REMEDIES: A-I-R-R-S - contingent and dependent upon the principal action, requires
the posting of bond except support pendente lite and requires affidavit of merit, damages can be apply. Cannot be granted ex parte except: preliminary attachment but cannot be implemented without prior notice over the person of the defendant/respondent. TRO may be issued ex parte. Rule 57: Preliminary attachment: recovery of either real or personal prop, at anytime before entry of judgment one can apply for PA but the application requires the principal action of recovery of prop. grounds: fraudulent misapplied prop with fiduciary relationship, property illegally taken, disposes or about to dispose his property with intent to defraud his creditors, who does not reside in the Philippines which can be serve the summons by publication. Requirements: there must be sufficient cause of action, there is no other sufficient security for the claim to be enforce. Discharged or lift of PA: deposit/counter-bond/by motion questioning the propriety of attachment. Counter-bond subject to the discretion of the court. Irregular issuance of writ of PA: non compliance with the requirement. Rule 58: preliminary injunction: process that would cut or impede the continuation of a case or doing something or prohibiting someone from doing something. Dependent upon the principal action of injunction, never a principal action. Prohibitory or mandatory injunction; must have right in esse (standing right??). TRO by CA -60 days only, by SC no specific timeframe, until further notice. 20 day period for the TRO begins to run from notice and can never be extended. 72 hours from issuance. Rule 59: receivership: it is a principal action, appointment of receiver, claimed when there is purposes of administering, disposing of property in litigation. Even if the judgment is executory can still apply. General power of receiver Rule 60 replevin recovery of possession personal property, must post a bond twice the value of the prop. bond is twice for purposes of issuance of writ of replevin, thrice for 3rd party claimant. Rule 61: support pendent lite: attached to the principal action of support, not capable of pecuniary estimation hence only cognizable by RTC in civil cases except in crim cases bec civil liability included in crim liability. (usually filed by unwed mother) SPECIAL CIVIL ACTION rule 62-71 Rule 62: interpleader: can be real/personal/performance of an act. To be filed either to RTC or MTC depending on the value. There must be atleast 2 defendant who have to interplead between and among themselves. Interpleader vs intervention; in the former the plaintiff has no interest in the subject matter. Rule 63: Declaratory relief and similar remedies: the subject matter is a contract, deed will or other written instrument, statute etc. NO BREACH, the court is not required to render judgment, only asking for interpretation of such contract.

Rule 64: petition for review: C/P the movant/petitioner has only the balance to avail the remedy but not less than 5 days. rule 64 vs rule 65: difference the special period of 30 day in rule 64 from receipt of motion denying MR/NT, under rule 65 the 60 day period. Rule 65: certiorari/prohibition/mandamus. No summons. Certiorari and prohibition: lack of juris/excess of juris/grave abuse of discretion amounting to lack of juris. No appeal or any other adequate remedy in the ordinary course of law. In certiorari: Prays for the annulment of the decision of the tribunal/body or office. In prohibition: to cease and desist Mandamus: neglect and usurpation/exclusion of another from the enjoyment of office. No appeal or any other adequate remedy in the ordinary course of law. Rule 66: quo warranto: applicable to elective and appointive official, what is contested is public office, relatoris an individual who goes to SG and informs him of usurpation of office, jurisdiction: incapable of pecuniary estimation, filed in the residence of the respondent. Direct against the person and not in the office. Expropriation: right of eminent domain, consti provision. No prop shall be taken without just compensation. JC=FMV+CD-CB which should not be more than CD. Only the govt or any of its intrumentalities is the plaintiff. Even the brgy can file action for expropriation, only the RTC has jurisdiction. Can immediately take possession of the prop, but first post a bond equivalent to the assessed value of the prop. Foreclosure of real estate mortgage: must include all parties who has interest in the prop/action. Subordinate to such mortgage. Venue: where the prop is located. Equity of redemption period after entry of judgment were the mortgagor given 90-120 day to pay. After the sale the court will issue order of confirmation cuts equity redemption. Partition: settlement of the estate, first stage is to determined co-ownerhsip, 2nd stage: accounting of the value of the land and the distribution of prop subject of partition, Rule 70: action for UD/FE: cognizable of MTC, under summary procedure, injunction can be file, immediately executor when it is in favor of the plaintiff. 3 kinds of recocery action Action reinvidicatoria: to recover based on claim owenship Publiciana based on plenary possession or full possession Interdictal based on possession de facto or actual possession, UD: the possession of the defendant is lawful at first, there is requirement of demand to vacate and comply with the requirement of the contract, 1 yr to file an action, FE: the possession of the defendant is unlawful from the very beginning, no need of demand to vacate Supersedeas bond: for the payment of rentals Rule on contempt: direct or indirect contempt: DC - shows disrespect near or close the court. IC- can be instituted pursuant to a petition,

Jurisdiction: *juris of MTC and RTC: Power to hear and decide a case is conferred by law, cannot be by agreement of the parties: cannot be the subject of a contract.

The allegation in the complaint determines the jurisdiction, Jurisdiction vs venue: juris is a matter of law, venue is matter of procedure, J: can never be the same of the contract, V: can be the subject of the contract, J: is not waive if not included in the motion to dismiss, V: waive if not included in the motion to dismiss. Principle of estoppel to question juris: sibonghanon case: if u have participated in all the proceeding and thereafter question the juris can no longer question juris. Founded on public policy and necessity there must be end to every litigation. Juris can be raised even for the first time on appeal. Doctrine of judicial stability: no court of equal grade can interfere or enjoin the orders issued by another court of the same level. Exception: baylon case: decision rendered by NLRC in favor of the ee, pursuant to finality of the decision of the NLRC the property of another person not a party to the action was levied by the sheriff to satisfy the judgment in favor of the ee. Once jurisdiction is acquired it cannot be lost. Doctrine of primary jurisdiction: it includes the courts from resolving a controversy over which juris has initially been lodged with an administrative body of special competence. Principle of judicial hierarchy: Pre trial stage: civil: upon filing of the last pleading maybe an answer or reply: Juris over the plaintiff: by the filing of initiatory pleading and payment of correct docket fees. Without payment of correct docket fee the court does not acquire jurisdiction. In permissive counterclaim there is a need to pay the correct docket fees. Juris over the defendant: service of summons/ voluntary appearance.

Juris of MTC: all cases involving UD/FE: exclusive juris of lower court, regardless of the amount of the rental (the latter mere incidental to the main action). Damages to be awarded in case of UD/FE= RENTALS. If over 1 year not an action interdictal but possessory action: file an action publiciana or action reinvidicatoria. Determine the assessed value of the prop. 20k or 50k. (jurisdictional requirement) In action for sum of money with prayer of damages excludes the latter. In case of malicious prosecution: apply totality rule. Real action whether recovery of possession or ownership, the juris depends on the value of the prop. Juris of COMELEC: power of the COMELEC to conduct Preliminary Investigation involving election offenses. Forfeiture proceedings: collector of customs has juris, (juris conferred by law) Conciliation proceedings before the barangay: (mandatory) condition precedent, for speedy disposition of case. Judgment based on compromise: execution six months, exception: if going to sue a government official, govt, Rule 1: shall be interpreted liberally to attain the aims of justice for speedy disposition of cases.

Civil procedure: