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1. Parties to Civil Actions a. Who are parties in interest? i.

A real party in interest is the party who stands to be benefited or injured by the judgment in the suit ii. Or the party entitled to the avails of the suit 1. one who has the legal right plaintiff! ". one who has the correlative obligation defendant! b. Competency of parties i. #e $ privy to the contract% co&owners% with real rights violated% representative% minority ii. 'ust be 1. authori(ed by law $ natural or juridical ". has legal capacity to sue ). the real party in interest c. #ndispensable and *ecessary Parties i. #ndispensable parties $ in their absence% there cannot be a complete resolution ii. *ecessary party $ party whose interest is distinc and divisible and will not be prejudiced by a judgment not involving them 1. that person is joined as a party of complete relief is to be accorded to those already parties ". also for complete determination or settlement of the claim subject of the action d. +oinder of Parties $ when you join persons in a complaint i. Permissive +oinder of Parties 1. ,appens when there is a right to relief arising out of same transactions ". -here is a .uestion of fact or law common to all plaintiffs or defendants ii. Compulsory +oinder of Parties 1. parties in interest without final determination can be hand on an action $ indispensable parties e. 'isjoinder of Parties $ to whom any claim may be severed and proceeded with separately i. /court can add or drop persons anytime motu&propio or by motion f. 0earth of Party assuming the claim is not distinguished! i. 0uty of the counsel 1. inform the court within )1d ". give the name and address of leg rep ). if not% disciplinary action ii. conse.uence 1. heirs or guardian may be substituted ". if none% opposing party shall procure an e2ecutor ". 3enue of Actions a. /3enue $ where action must be instituted and tried i. Procedural than substantive

ii. #f jurisdiction is the power of the court% venue refers to locality or place iii. Can be changed by will of parties iv. 3enue depends on 1. nature of the action a. seen in the allegation via prime ovjective test ". residence ). stipulation 4. law b. 5eal Actions i. #nvolves title or possession of real property ii. -ried in the court where the property is located iii. 6orcible entry and unlawful detainer are tried in '-C of such location c. Personal actions i. All other actions not involving title or possession of property can be tried in the 578#07*C7 of the plaintiff or defendant or for a non&resident defendant% at the election of the plaintiff d. *on&residents $ i. 'ust involve status or 5P property ii. -ried in the plaintiff9s residence or where the property is e. Agreement on venue i. 'a:es these rules inapplicable 1. can be permissive or mandatory a. test is if there are e2clusionary terms ie ;must< ). Commencement of Actions a. ,ow and when deemed commenced i. =y the filing of original complaint in court ii. Payment of doc:et fees 1. if not> a. court may not ac.uire jurisdiction and may dismiss the case b. unless there be absence of intent to defraud ". 5ules a. 'angaspi $ b. 'anchester $ c. 8un insurance 4. Procedure in trial Courts a. Applicable also in '-C% e2cept i. When redefined by law ii. #n summary cases b. P?7A0#*@8 i. 0efinition $ pleadings are the written statements of the respective claims and defenses of the parties submitted to court for judgment ii. Ainds 1. Complaint $ alleges the plaintiff9s cause of action

". Answer $ alleges the defendant9s cause of action a. *egative defense $ specific denial of material facts essential to cause of action b. Affirmative defense $ allegation of new matters i. While hypothetically admitiing the material allegations ii. 7g> fraud% statute of limitations% release% payment% illegality% statute of frauds% estoppel% former recovery% discharge ). Counterclaim $ any claim which a defending party may have against an opposing party a. *ature> a complaint against the plaintiff b. 'ay be set up before judgment c. -ypes i. Compulsory counterclaim 1. cogni(able by regular courts of justice ". arises out of or is connected with transaction ). no need for )p of whom court cannot ac.uire juris 4. must be withing court9s juris a. e2cept 5-C> :ahit e2cessive amount B. must have matured before the answer% else permissive ii. Permissive Couterclaim 1. not connected with subject matter of the claim d. -ests i. Are the issues of fact and law raised by the claim and counterclaim largely the same? ii. Would res judicata bar a subse.uent suit? iii. Are there same pieces of evidence to support plaintiff9s claim and defendant9s counterclaim iv. #s there a logical connection between the claim and counterclaim? e. Purpose> no to multiplicity of suits 4. Cross claim $ a claim by one party against a co&party that arose out of the transaction which is the subject mater of the complaint or counterclaim B. counter&counterclaims and counter cross claims C. reply $ a pleading that denies by way of defense and thereby ma:es issue as to new matters

D. third party complaint $ a claim that the defendant who in leave of court files against a )p not party to the action for contribution% indemnity or subrogation in respect of opponent9s claim E. complaint in intervention iii. 6ormal 5e.uirements of a Pleading 1. Caption $ includes a. *ame of the court b. -itle of the action $ indicates the names of the parties and respective participation c. 0oc:et number ". =ody $ includes> the designation% allegations% reliefs and taes a. Paragraphs b. ,eadings c. 5elief $ includes a general prayer d. 0ate ). signature and address a. signature means he has read the pleadingF with hood grounds to support it and not interposed for delay 4. verification a. @5> not re.uired i. 72ception> when re.uired by law b. 3erifies that the affiant has red the pleading and are true and correct of his :nowledge or based on authentic record c. Absence of such is merely formal defect i. #e forcible entry proceedings is not void d. Certification against forum shopping
-he plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief% or in a sworn certification anne2ed thereto and simultaneously filed therewith> a! that he has not theretofore commenced any action or filed any claim involving the same issues in any court% tribunal or .uasi&judicial agency and% to the best of his :nowledge% no such other action or claim is pending thereinF b! if there is such other pending action or claim% a complete statement of the present status thereofF and c! if he should thereafter learn that the same or similar action or claim has been filed or is pending% he shall report that fact within five B! days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed. 6ailure to comply with the foregoing re.uirements shall not be curable by mere amendment of the complaint or other initiatory pleading but shall be cause for the dismissal of the case without prejudice% unless otherwise provided% upon motion and after hearing. -he submission of a false certification or non&compliance with any of the underta:ings therein shall constitute indirect contempt of court% without prejudice to the corresponding administrative and criminal actions. #f the acts of the party or his counsel clearly constitute willful and deliberate forum shopping% the same shall be ground for summary dismissal with prejudice and shall constitute direct contempt% as well as a cause for administrative sanctions.

i. 6orum 8hopping $ institution of two or more action grounded on the same cause to see: remedies which had already been solicited in the other court ii. -ests

1. same transactions a. identical cause of action b. same issues c. same subject matter ". same facts ). same circumstances 4. or> a. same parties b. same cause of actions c. same reliefs sought iv. 8ubstantial 5e.uirements of a Pleading 1. Gltimate 6acts $ on which the party bases his claim or defense a. 'ust be plain% concise and direct b. 6ree from evidentiary facts c. 0efinition $ constitutes the plaintiffs cause of actionF d. -est> it cannot be stric:en out without leabing the cause of action e. 7videntiary facts $ facts necessary for the determination of G6 or the premises to have the conclusions or G6 f. 0ifferent from conclusions of law ". condition precedent ). capacity 4. fraud% mista:e or condition of the mind B. judgment C. actionable documents $ written instrument upon which the action is based D. -ests of 8ufficiency a. Complaints i. Can judgment be rendered if admitted? ii. Always rec:on against grounds for dismissal iii. #s bill of particulars available b. 5esponsive Pleadings i. *ot susceptible for summary judgment ii. *ot a confession iii. 'ust tender an issue iv. 'ust deny material allegation% else% admitted 1. or ma:e specific denials $ not just general denial r mere ignoreance of the facts includes how he became ignorant of the facts! ". some things are not deemed admitted when not denied li:e? conclusions

of law% default% annulment% legal separation v. 0efenses and objections must be pleaded% else waived c. Alternative Causes of Action $ may be pleaded even if inconsistent with each other but must be consistent in itself i. 7lection of remedies $ choice of remedies that preclude others to prevent double recovery B. 7ffect of failure to plead a. 0eemed Waived i. 72cept> prescription etc b. Cross&claim and compulsory counterclaim are barred c. 076AG?i. When? 1. court has juris ". defending party fails to answer within time ). with motion ii. ,ow? 1. motion only ". notice with proof of failure iii. Conse.uence 1. declaration of order by default> party in default is entitled to notice of subse.uent proceeding but not to ta:e part in the trial a. or> ?oss of standing in court $ cannot appear% produce evidence etc i. not a waiver of rights ". declaration of judgment by default> court can render judgment based on plaintiff9s relief a. unless there is a need for evidence b. relief is limited from what is prayed for iv. relief from order of default 1. after notice% before judgment file a motion under oath to set aside the order ". there be showing of fraud% accident% mista:e or e2cusable negligence with meritorious defense C. Amended Pleadings a. 0efinition> to add stri:e out or correct a mista:e> no limitations i. -here are also formal amendments $ ie clerical error b. Purpose> actual merits of the case be speedily determined c. As a matter of right i. Once as a matter of course dapat before responsive pleading! 1. if it is not a responsive pleading $ right to amend is not affected

a. eg> motion to dismiss% motion for summary judgment ii. #n case of a reply> within 11 days after served d. =y leave of court i. Only substantial amendments may be made only upon leave of court ii. Gnless a delaying tactic iii. -here must be a motion H notice to adverse party I opportunity to be heard e. As to conform to or authori(e the presentation of evidence i. ,appens when issues not raised by the pleadings are tried with the consent e2press or implied! by the parties ii. 7ffect> treated as if raised in the pleadings iii. 'ay be made anytimeF even after judgmentF does not affect the resolution of issue iv. #f objected% court may still allow amendment if the action is meritorious and the ends of substantial justice will be served f. 7ffect of Amended Pleadings i. #t superseded the prior pleading ii. Admissions in superseded pleading may be received as evidence against pleader iii. Claims and defenses in superseded pleadings are deemed waived D. 8upplemental Pleadings a. 0efinition $ a pleading which sets forth the events which happened since the date of the pleading sought to be supplemented i. -hese are material to the mature claims already alleged ii. #t only supplies deficiency to the original cause of action not barred by statute of limitations! 1. if the issue matured A6-75 the orginal pleading% cannot be averred in the supplemental pleading ". not allowed also if there is supplemental pleading b. 7ffect i. 11 days after notice of admission% adverse party may plead thereto ii. #f unanswered% a ground for default c. #t is not a matter of right E. 5esponsive Pleadings a. 0efinition> a formal answer to the declaration of the other part b. 5eglementary periods i. *ot interrupted by bill of particulars and motion to dismiss 1. =ill of Particulars $ a definite statement on matters not averred with sufficient definiteness needed to ma:e in responsive pleading ". ie conclusions of law% indefinite denials etc ). effect for non compliance $ stri:ing out of allegation ii. Answers 1. -o the complaint$ 1Bd after service of summons

a. if foreign juridical entity $ )1d ". -o the amended complaint a. 'atter of right $ 1Bd after service of copy b. *ot a mtter of right $ 11d ). to counterclaim or crossclaims $ 11d after service a. when he failed to set this up through oversight% inadvertence or e2cusable neglect% he% may by leave of court set this up by amendment before judgment 4. to supplemental complaint $ 11d iii. reply $ 11d after pleading J. 6iling and 8ervice of +udicial Papers a. 0efinitions i. 6iling $ the act of presenting the pleading to the cler: of court ii. 8ervice $ act of providing a party with the copy of the pleading paper 1. given to counsel unless otherwise ordered by court ". improper service is ineffectual and does not bind the party b. 'anner $ i. Personally 1. complete upon actual delivery ". proof> e2istence of the records in the case ). stamped or written ac:nowledgment in the CC 4. proof> written admission of receiver% official return affidavit of sender ii. 5egistered mail 1. #n a sealed envelope with instructions to 5-8 after 11d undelivered a. Gpon actual receipt of the addressee b. B days after postmaster9s notice ". #f none% use ordinary mail a. After 11days of mailing b. Proof> affidavit of person mailing iii. substituted service 1. if> a. personal or registered mail is nKa i. e2cept for judgments% final orders and resolutions 1. only personal and mailing service allowed ". service by publication is allowed if summons are served by publication b. office and place of residence of party or counsel is un:nown ". must have proof of failure ). completed at time of delivery to cler: of court 11. 8ummons

a. Who? i. #ssued by the cler: of courtF directed to the defendantF served by sheriffK deputyK court authori(ed person ii. 0one after> 1. 6iling of complaint ". Payment of doc:et fees b. Purpose i. -o ac.uire jurisdiction over the person ii. Plus> to give notice to the defendant that there is an acion against him oppty to be heardK due process! iii. 6or the =7*76#- of the defendant c. *ot needed when i. -here is voluntary appearance 1. motion to dismissK e2tension of timeK =ill of particulars d. -ypes of 8ervice i. Personal 8ervice 1. personal service is handing the summon to the defendant in person and if the person refuses to sign% by tendering it to him ii. 8ubstituted 8ervice 1. if> for justifiable causes H defendant cannot be served within a reasonable time ". done through> a. leaving copies of the summons at the defendants residence with a person of suitable age and discretion residing therein b. leaving copies at the person9s office or regular place of business with competent person in charge thereof ). remedy> actual receipt iii. 72traterritorial service 1. done to> non residents and not found in 5P or even to those residents but temporarily out of the country ". personal status and property is affected either by interest or attachment! ). through> ?OC a. personal service b. publication c. other manner d. /C1 days of answering time 4. but judgment is limited to status and property B. effect> since not in personam% there is still jurisdictionF only due process is affected e. 5ules i. Over Actions 1. #n personam resident! $ P758O*A? servce is re.uired

a. personal service is handing the summon to the defendant in person and if the person refuses to sign% by tendering it to him b. if none> i. judgment is null and void 1. unless there is a waiver a. failure to raise the .uestion of jurisdiction at the 1st opportunity or seasonably raised in ;over remK .uasi in rem< $ one can raise this anytime! ii. the reglementary periods do not run c. remedy> certiorari d. if not available $ substituted service e. if temporarily out of the country i. substituted service ii. service outside the country with ?7A37 O6 COG5iii. service by pub wit ?OC iv. other manners said by the court ". #n personal non resident! a. Cannot be found in 5PF does not submit to juris b. -hrough> i. Personal service of summons in 5P ii. *ot through publication nor substituted summons c. #f failed> no jurisdiction i. 72ception> if there is an attorney in fact residing here ). #n remK .uasi in rem residents! $ same 4. in remK .uasi in rem non residents! $ leave of court a. service in 5P b. publication ii. Over types of people 1. without +P $ done to anyone% or person in charge or place of business ". prisoners $ to the officer managing the institution or the ;deputi(ed special sheriff<! ). minors and incompetents $ to guardians or parents 4. domestic +P private! $ only to the president% managing partner% @'% corp sec% treasurer or in&house counsel B. foreign +P private! $ to resident agents% government officials designated 87C! or on any officers or agents within the 5P a. but must have transacted business in the 5P

i. /must be alleged in the complaint b. :ey> loo: at the circumstances of the case if there is intent to do business here i. did it further the corp9s purposes? c. /note $ they can institute an isolated action over an isolated transaction d. =y service of summons i. Principle of processual presumption $ identity of laws in different countries C. pub corp $ 8olicitor @eneralF e2ecutive head and other court directed officers D. persons whose identity or whereabouts are un:nown or un:nown owners $ service is made by ?7A37 O6 COG5upon publication in newspaper f. Contents i. *ame of the court and parties ii. 0irection to answer in time iii. *otice that unless answered% plaintiff will ta:e judgment by default g. 57-G5* i. @iven bac: to cler: by server aftr service has been completed 1. within B days ". through personally or by registered mail h. A?#A8 8G''O*8 i. #f the summons has not been served or lost 1. server must render the return to plaintiff9s counsel Bd with reasons! ". in such% cler: may issue alias summons i. ?eave of Court $ made by motion in writing to effect service j. Proof of 8ervice $ :. 3oluntary appearance $ e.uivalent to service of simmons i. 72cept if appearance is based on ?o+
11. 0ismissal of Actions a. 5ule 1C 8ec 1! $ made before the filing of an answer to the complaint. i. 72ceptions> even after trial when evidence discovered only during the trial ii. -he grounds must be really stipulated 1. e2cept> jurisdiction% res judicata and statute of limitations% and forum shopping b. @rounds> i. *o jurisdiction over the person of the defending party ii. *o jurisdiction over the subject matter iii. 3enue is improperly laid iv. *o legal capacity v. Another action is pending of the same parties and the same cause 1. same parties ". same rights and reliefs ). same causes of action the identity should be that judgment thereon will amount to res judicata

4. /lac: of :nowledge is immaterial B. test on which to dismiss a. priority in time rule b. whether the action to be dismissed was merely to preempt the later action or to anticipate its filing c. more appropriate action rule d. interest of justice rule i. nature of controversy ii. comparative accessibility if the parties iii. other similar factors vi. =arred by a prior judgment or statute of limitations 1. does not run if the contract is void ab initio vii. *o cause of action 1. only material and relevant facts% not> a. untrue facts upon judicial notice b. legally impossible facts c. inadmissible facts in evidence d. unfounded facts viii. -he demand has been paid% waived% abandoned or e2tinguished 1. e2tinguishment of obligations> payment% loss% condonation% confusion% compensation% novation i2. Gnenforceable under statue of frauds 2. Condition precedent has not been complied with c. 7ffect of denial of motion i. 'ovant shall file answer within balance of the period% or B days ii. #f amended% after service iii. 5emedies 1. @5> motion to dismiss in interlocutory and cannot be subject to certiorari a. 72ception> gadlej ". -he loser can file an answer and interpose by defense then elevate to appeal d. 7ffect of dismissal i. -he following are barred but can be appealed! 1. statute of limitations ". statute of frauds ). performance of obligation ii. @5> barred if dismissal on merits 1. the ff are not dismissal on merits> premature actions% lis pendens iii. dismissal is without prejudice to prosecution of a separate action e. Other effects of the grounds i. #f not on motion% can be raised as affirmative defenses 1". Pre&-rial $ method to directly address and discuss issues a. When> i. After last pleading has been served and filed ii. Plaintiff moves e2 parte the case for pretrial b. Pre trial is mandatory i. "nd pre trial is unnecessary ii. both client and counsel must appear 1. unless there is valid absence

". or with a representative who can enter into amicable settlement% A05 and stipulations a. if made without authority remedy is 5A-#6#CA-#O* ). else% ground for dismissal if plaintiff does not appear 4. else% ground for e2 parte if counsel does not appear a. judgment e2 parte is different from judgment by default i. in the latter award should not e2ceed the amount or be different from what is prayed for b. remedy> claim na lang that the defendant is non&suited to present evidence i. remedy of the non&suited> to appeal since the dismissal is on merits c. Purpose i. Amicable settlement or submission to A05 ii. 8implification of issues iii. *ecessity of amendments iv. 8tipulations of fact v. ?imiting the L of witnesses vi. Advisability of preliminary reference of issues to a commissioner vii. Propriety of summary judgment or dismissal of action viii. Advisability or necessity of suspending proceedings i2. Others d. Pre&trial brief i. 8tatement of willingness to enter to A8 and A05 ii. 8ummary of facts and proposed stipulation iii. #ssues to be tried and solved iv. 0ocuments and e2hibits and their purpose v. -hat they availed of discovery procedures or referral to commissioners vi. Witnesses and their testimonies vii. /effect of failure to file is the same as absence e. 7ffects i. @5> trial is limited to unresolved issues 1. 72ceptions> a. Prescription b. #ssues that are impliedly included therein c. #ssues not objected or tried with e2press or implied consent of the parties d. Amendments of pleading to conform to evidence 1. Discovery a. 0efinition> compulsory process wherein litigants are forced by court rules or orders to disgorge private information to adverse party i. Can be compelled even prior trial ii. =ut this is not mandatory $ but there are sanctions 1. if not availed of% the recourse is to have pre&trial b. Purpose> i. -o obtain :nowledge of material facts within the :nowledge of the adverse party or third parties ii. Obtain admissions from adverse parties iii. #nspect relevant documents% objects and properties

iv. 7ffectively shorten the period of liigation and speed up adjudication v. -he defense of ;fishing e2pedition< is answered for vi. -o eliminate unessential issues and have the parties lay the cards on the table vii. 'eant to serve 1. a device% alng with pre&trial to narrow and clarify basic issues ". a device for ascertaining facts relative to issues c. What can be 0iscovered i. @5> All 1. ie boo:s% documents% tangible things% facts% persons ii. 7videntiary mattersM 1. before% you can only ascertain through ultimate facts which are the barest outline of the claims ". bill of material9s office is limited to ma:ing the facts more particular but not on evidenciary facts ). hence% discovery still applies even if =OP is denied iii. 'odes of discovery see below! 1. cumulative in nature $ if you availed of one% such is not a bar to another ". Procedure a. As: for leave of court i. 72cept for deposition% interrogatories and admissions% the @5 is to have no ?OC and no court intervention b. 8end notice of deposition c. 5e.uest for subpoena i. -here is a need for proof of service of notice ii. -here must be an order from court to issue subpoena duces tecum d. ?imitations i. 'ust be relevant 1. it means germane ". reason> the law contemplates e2amination% not only for use as evidence but also to discover information ). the issue of relevancy is adjudged during the ta:in of the deposition at the trial and not in motion% inless it plainly appears that the evidence has no bearing. ii. 'ust not be privileged iii. 72amination must not be conducted in bad faith or in such manner as to annoy% embarrass or oppress iv. 'ust not encroach against privileges v. Other s vi. #f there is nothing more to discover ie disclosed all evidence and willingly entered into stipulation! e. 'odes of 0iscovery i. 0eposition 1. When ta:en> type 1! a. =y leave of court b. =efore answer has been served c. After jurisdiction

i. /reason> at this time wala pang answer!% issues are not yet joined and the facts are not clear d. At the instance of any party ". When ta:en type "! a. Without ?OC i. =ut a person in prison must always be with ?OC b. After the answer has been served c. At the instance of any party ). ,ow a. @et the testimony of a person or a written int whether a party or not! i. -here must be notice upon oral e2amination to every party stating the time% place and name and address 1. a motion can be had to enlarge or shorten the time b. 8ubpoena a person c. -a:en before judge% notary% or any person authoried to administer oaths as per stipulation i. Cannot be ta:en by a deposition officer if 1. a Cth deg relative consa&affi! ". an employee or attorney of one of the parties a. /but must be an attorney at that time ). related to the attorney of the deponent within same degree or employee 4. if interested in the action If the person is in foreign country On notice before a secretary or embassy or legation% consul general% consul% vice consul or consular agent Persons appointed by commission or letter rogatory & 0efinition of letters rogatory $ a formal communication from a domestic court where an action is pending to a foreign court re.uesting that the testimony of witness threin be ta:en under the direcetion of the court addressed to be transmitted bac: to the re.uestion courtF done only if the commission is inade.uate or ineffective o 0istinction> procedure under contrl of foreign tribunal o -his power is inherent to our courts and rests upon international goodwill o *ot available if there are other witnesses available & 0efinition of commission $ an instrument issued by a court or tribunal to authori(e the persons to ta:e depositions or do other act by authority of such court or tribunal o =ut foreign countries will not compel attendanceF the deponent must voluntarly appearF if not% resort to letters rogatory o 0istinctions> we have control of the procedure & issued only when necessary or convenient% on application and notice% on such terms and directions that are just and appropriate

& done only if there is no consul et al Any person authori(ed to administer oaths as per stipulation ?eave of Court is not necessary in this case and if defendants answer has been served -here is court intervention only during Party moves for enlarging or shortening the time Gpon notice and good cause show> to prevent deposition ta:ing or restrict and regulate the matter of deposition ie such matters shall not be in.uired into! -o terminate the process on allegation of bad faith d. officer to record testimony stenographed% unless otherwise! i. objections to the deposition officer or maner of ta:ing it% or to evidence% or conduct! shall be noted ii. in lieu thereof% can have written interrogatories iii. officer has no authority to rule on objectionsF witness must answer unless there is an issue of consti rights which the court must chec:
Section 29. Effect of errors and irregularities in depositions. a! As to notice. All errors and irregularities in the notice for ta:ing a deposition are waived unless written objection is promptly served upon the party giving the notice. b! As to disqualification of officer. Objection to ta:ing a deposition because of dis.ualification of the officer before whom it is to be ta:en is waived unless made before the ta:ing of the deposition begins or as soon thereafter as the dis.ualification becomes :nown or could be discovered with reasonable diligence. c! As to competency or relevancy of evidence. Objections to the competency of witness or the competency% relevancy% or materiality of testimony are not waived by failure to ma:e them before or during the ta:ing of the deposition% unless the ground% of the objection is one which might have been obviated or removed if presented at that time. d! As to oral examination and other particulars. 7rrors and irregularities occurring at the oral e2amination in the manner of ta:ing the deposition in the form of the .uestions or answers% in the oath or affirmation% or in the conduct of the parties and errors of any :ind which might be obviated% removed% or cured if promptly prosecuted% are waived unless reasonable objection thereto is made at the ta:ing of the deposition. e! As to form of written interrogatories. Objections to the form of written interrogatories submitted under sections "B and "C of this 5ule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three )! days after service of the last interrogatories authori(ed. f! As to manner of preparation. 7rrors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared% signed% certified% sealed% indorsed% transmitted% filed% or otherwise dealt with by the officer under sections 1D% 1J% "1 and "C of this 5ule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is% or with due diligence might have been% ascertained. "Ja% 5"4!

then> When the testimony is fully transcribed% the deposition shall be submitted to the witness for e2amination and shall be read to or by him% unless such e2amination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to ma:e shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for ma:ing them. -he deposition shall then be signed by the witness% unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. #f the deposition is not signed by the witness% the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason be given therefor% if any% and the deposition may then be used as fully as though signed% unless on a motion to suppress under section "J f! of this 5ule% the court holds that the reasons given for the refusal to sign re.uire rejection of the deposition in whole or in part. 1Ja% 5"4!
Section 20. Certification% and filing by officer. -he officer shall certify on the deposition that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. ,e shall then securely seal the deposition in an envelope indorsed with the title of the action and mar:ed N0eposition of here insert the name of witness!N and shall promptly file it with the court in which the action is pending or send it by registered mail to the cler: thereof for filing. "1% 5"4! Section 21. Notice of filing. -he officer ta:ing the deposition shall give prompt notice of its filing to all the parties. "1% 5"4! 6ailure to comply is a mere defect in formF does not affect the admissibility of deposition Section 22. Furnishing copies. Gpon payment of reasonable charges therefor% the officer shall furnish a copy of the deposition to any party or to the deponent. ""% 5"4! Section 23. Failure to attend of party giving notice. #f the party giving the notice of the ta:ing of a deposition fails to attend and proceed therewith and another attends in person or by counsel pursuant to the notice% the court may order the party giving the notice to pay such other party the amount of the reasonable e2penses incurred by him and his counsel in so attending% including reasonable attorneyOs fees. ")a% 5"4! Section 24. Failure of party giving notice to serve subpoena. #f the party giving the notice of the ta:ing of a deposition of a witness fails to serve a subpoena upon him and the witness because of such failure does not attend% and if another party attends in person or by counsel because he e2pects the deposition of that witness to be ta:en% the court may order the party giving the notice to pay to such other party the amount of the reasonable e2penses incurred by him and his counsel in so attending% including reasonable attorneyOs fees. "4a% 5"4! Section 28. Order for the protection of parties and deponents. After the service of the interrogatories and prior to the ta:ing of the testimony of the deponent% the court in which the action is pending% on motion promptly made by a party or a deponent% and for good cause shown% may ma:e any order specified in sections 1B% 1C and 1E of this 5ule which is appropriate and just or an order that the deposition shall not be ta:en before the officer designated in the notice or that it shall not be ta:en e2cept upon oral e2amination. "Ea% 5"4!

8P7C#A? *O-7> O* W5#--7* #*-755O@A-O5#78

Section 25. Deposition upon written interrogatoriesF service of notice and of interrogatories. A party desiring to ta:e the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be ta:en. Within ten 11! days thereafter% a party so served may serve cross&interrogatories upon the party proposing to ta:e the deposition. Within five B! days thereafter% the latter may serve re&direct interrogatories upon a party who has served cross&interrogatories. Within three )! days after being served with re&direct interrogatories% a party may serve recross&interrogatories upon the party proposing to ta:e the deposition. "B% 5"4! Section 26. Officers to ta e responses and prepare record. A copy of the notice and copies of all interrogatories served shall be delivered by the party ta:ing the deposition to the officer designated in the notice% who shall proceed promptly% in the manner provided by sections 1D% 1J and "1 of this 5ule% to ta:e the testimony of the witness in response to the interrogatories and to prepare% certify% and file or mail the deposition% attaching thereto the copy of the notice and the interrogatories received by him. "C% 5"4! & cross e2amination is still available orally if e2amination is based on written interrogatories

Section 27. Notice of filing and furnishing copies. When a deposition upon interrogatories is filed% the officer ta:ing it shall promptly give notice thereof to all the parties% and may furnish copies to them or to the deponent upon payment of reasonable charges therefor. "D% 5"4 7667C-8 O6 755O58 #* 07PO8#-#O*8 -he following are waived> records of e2amination% oaths% objections% submission to witnesses% changes% signing% certification and filing by officer% officer to ta:e responses and prepare record

Section 29. Effect of errors and irregularities in depositions. a! As to notice. All errors and irregularities in the notice for ta:ing a deposition are waived unless written objection is promptly served upon the party giving the notice. b! As to disqualification of officer. Objection to ta:ing a deposition because of dis.ualification of the officer before whom it is to be ta:en is waived unless made before the ta:ing of the deposition begins or as soon thereafter as the dis.ualification becomes :nown or could be discovered with reasonable diligence. c! As to competency or relevancy of evidence. Objections to the competency of witness or the competency% relevancy% or materiality of testimony are not waived by failure to ma:e them before or during the ta:ing of the deposition% unless the ground% of the objection is one which might have been obviated or removed if presented at that time. d! As to oral examination and other particulars. 7rrors and irregularities occurring at the oral e2amination in the manner of ta:ing the deposition in the form of the .uestions or answers% in the oath or affirmation% or in the conduct of the parties and errors of any :ind which might be obviated% removed% or cured if promptly prosecuted% are waived unless reasonable objection thereto is made at the ta:ing of the deposition. e! As to form of written interrogatories. Objections to the form of written interrogatories submitted under sections "B and "C of this 5ule are waived unless served in writing upon the party

propounding them within the time allowed for serving succeeding cross or other interrogatories and within three )! days after service of the last interrogatories authori(ed. f! As to manner of preparation. 7rrors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared% signed% certified% sealed% indorsed% transmitted% filed% or otherwise dealt with by the officer under sections 1D% 1J% "1 and "C of this 5ule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is% or with due diligence might have been% ascertained. "Ja% 5"4!

4. -ypes a. 0eposition de bene ese $ ta:en in a pending action b. 0eposition in perpetuam rei memoriam $ ta:en prior institution of apprehended or intended action see rule "4 for procedures! i. Can be done before action or pending appeal ii. Cannot be done e2 parte iii. $ a party not served with written interrogatories may not be compelled to gve testimony or give a deposition pending appeal 1. for good cause shown and to prevent failure of justice B. Gse of 0eposition $ used at the trial or motion hearings or interlocutory proceedings against any party present in the deposition but must comply with rules of evidence!/ it depends whether deponent is party or not a. -o contradict or impeach the testimony of deponent as witness but not as proof of specific facts! i. #f the deponent is not a party and did not testify% deposition cannot be used b. -o any purpose if made by adverse party i. 7ven as admission ii. =ut the deposition must be by the defendant who is a party to the action when the deposition was ta:en hindi pwede yung lumang deposition! 1. but substitution of parties has no effect with depositions c. -o any purpose if the deposition was made by> an officer% director% managing agent of a public or private corp% partnership or association d. -o any purpose if the witness is i. 0ead 1. there must be proof of death or presumption of death and that deposition was legally ta:en ii. 5esides 111:m from place of trial or out of the Philippines 1. unless absence was contrived by party as:ing for deposition

iii. witness is sic:% infirmed or imprisoned and cannot attend 1. there must be a doctor9s certificate iv. unable to procure attendance even if with subpoena v. upon application and notice regading e2ceptional circumstances e. to have the whole of deposition produced even if only a part thereof is offered in evidence i. but it must be related to such part C. *otes a. #t is the discretion of trial court to order deposition i. 5eason> its for the benefit of the parties b. Objections may be made during trial or hearing c. 7ffect of ta:ing depositions> A party shall not be deemed to ma:e a person his own witness by ta:ing his depositions d. 7ffect of using deposition> i. -he deponent becomes a witness> 1. if deposition is offered without contradiction against deponent ". not if it was used by the adverse party ii. *ot applicable to 8ec 4 b! e. Protection orders i. Gpon 1. motion ". seasonably filed ). good cause is shown a. good cause means substancial reason $ a particular and specific demonstration of facts% not of conclusory statements is needed b. nie> availablibilit of deponent% allegation of annoyance absent proof% inconvenience 4. with notice 0eposition shall not be ta:en -a:en some place else Only via written interrogatories Certain matters be in.uired into Only the parties and their counsel are present -he sealed deposition shall be opened only by court *o in.uire as to secret processes Partes to simultaneous files in the court -o protect party from annoyance% embarrassment or oppression ii. #nterrogatories 1. @eneral *otes

& & & & & & & & &

a. -o elicit material and relevant facts% must file and serve interoggatoriesF such are considered judicial admissions b. int must be specific c. if in default% he cannot propund int d. deponent need not appear before officerF but only one set of int is allowed no party without ?OC% may serve more than one set! e. written int can still be had even at rebuttal stage ". Answers $ in writing% signed and sworn and served and filed a copy to the other party within 1B days a. Answers cannot be made by an agent or attorney% else null b. 7vasive and not responsive answer may be stric:en out% but a party has a right to .ualify his answers c. Allowed as evidence but not as self servig statements d. -here is a duty to answer% unless objections have been filed within 11d after service with notice! i. @rounds 1. re.uires conclusions of law% or are answers to hypothetical .uestions% opinions% mere hearsay or is a matter not within :nowledge of party ". frivolous ii. Objection is interlocutory $ hence% remedy is to raise .uestion of admissibility on appeal from final judgment ). effect of failure to serve written int> party cant be compelled to give testimony in open court or give a deposition pending appeal a. e2ceptions> allowed for good cause and for prevention of failure of justice iii. 5e.uests for admissions 1. 8erved to> any party ". 8ubject of re.uest> a. @enuineness of any relevant documents b. -ruth of any relevant matters ). At any time after issues have been joined% a party may file and serve upon any other party may file and serve upon any other party a written re.uest for the admission by the latter of the genuineness of any material and relevant document described in and e2hibited with the re.uest or of the truth of any material and relevant matter of fact set forth in the re.uest. Copies of the documents shall be delivered with the re.uest unless copy have already been furnished. 1a! a. A party need not ma:e "nd denial as contained already in answer b. An 56A is not intended to reiterate the allegations but should set relevant evidentiary facts% else pointless and useless

4. -here is implied admission when% within the period not less than 1Bd after service% negotiable!% the party ma:es a sworn statement unless there are objections! a. 0enying the matters regardless if denial is false% but liable for costs! b. Allegng he cannot admit or deny these matters with reasons B. Admissions are only admissions for the pending action O*?PF it can withdrawn% e2pressed or implied and even amended C. 7ffect of failures to file and serve re.uest for admission a. 8uch person cannot be permitted to present evidence on that matter b. -his rule is intended to compel re.uest for admission c. 6ailure to answer may be a basis for summary judgment i. ,ence% if the court doesn9t ma:e a judgment given that a person refuses the answer% such is gadlej because it is the law that determines the conse.uences of a party9s refusal to answer d. #f still refues after court ordeer i. ContemptM ii. 8ee rule "J
Rule 23 Rule 25

Who? Procedure scope time

any party or witness always with officer intervening direct, cross, redirect and recross none

part only No need one set 15d

iv. Production and inspection of things 1.


Section 1. !otion for production or inspectionF order. Gpon motion of any party showing good cause therefor% the court in which an action is pending may a! order any party to produce and permit the inspection and copying or photographing% by or on behalf of the moving party% of any designated documents% papers% boo:s% accounts% letters% photographs% objects or tangible things% not privileged% which constitute or contain evidence material to any matter involved in the action and which are in his possession% custody or control% or b! order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting% measuring% surveying% or photographing the property or any designated relevant object or operation thereon. -he order shall specify the time% place and manner of ma:ing the inspection and ta:ing copies and photographs% and may prescribe such terms and conditions as are just. 1a!

". 5e.uisites a. 'otion with notice to all parties showing good cause b. *ot privileged c. Contains evidence material to action d. #n possession% custody and control i. *o need for actual possession e. 0escription with sufficient certainty f. 8uit is pending in court

g. -he relevant and sufficient description be reasonable and practicable h. Available only between opposig parties i. *o need for literal accuracy j. @ood cause relates to the reason of producing the document =OP is re.uesting party! and not to the substance of the document ). *otes a. 8till applicable even if document has been produced in court b. 'ust specify time and place and manner and just conditions v. 72aminations of persons 1. 0one when the ultimate issue not just the collateral! is with regard to mental or physical condition of a party a. 7g> nullity based on psych incapacity ". end result> order for e2aminationM a. 'ust have i. 'otion for good cause with notice ii. 8pecifying the t%p%m% conditions and scope of e2amination b. 'ust show i. 72amination is material and necessary ii. Party has been re.uested and refused iii. *o serious pain or damage iv. 8pecify the t%p%m and scope and contion
Section 3. "eport of findings. #f re.uested by the party e2amined% the party causing the e2amination to be made shall deliver to him a copy of a detailed written report of the e2amining physician setting out his findings and conclusions. After such re.uest and delivery% the party causing the e2amination to be made shall be entitled upon re.uest to receive from the party e2amined a li:e report of any e2amination% previously or thereafter made% of the same mental or physical condition. #f the party e2amined refuses to deliver such report% the court on motion and notice may ma:e an order re.uiring delivery on such terms as are just% and if a physician fails or refuses to ma:e such a report the court may e2clude his testimony if offered at the trial. )a! Section 4. #aiver of privilege. =y re.uesting and obtaining a report of the e2amination so ordered or by ta:ing the deposition of the e2aminer% the party e2amined waives any privilege he may have in that action or any other involving the same controversy% regarding the testimony of every other person who has e2amined or may thereafter e2amine him in respect of the same mental or physical e2amination. 4!

f.

8anctions for refusal to ma:e discovery i. 0ismiss the action% proceeding or part thereof ii. +udgment by default iii. Contempt iv. Arrest v. Payment of fees reali(ed to compel discovery vi. -a:ing the matters in.uired as established according to claiming party

vii. 5efusal to allow disobedient party to support or oppose claims and defenses viii. 8tri:ing out pleadings or parts thereof i2. 8tay of further proceedings
Section 1. "efusal to answer. #f a party or other deponent refuses to answer any .uestion upon oral e2amination% the e2amination may be completed on other matters or adjourned as the proponent of the .uestion may prefer. -he proponent may thereafter apply to the proper court of the place where the deposition is being ta:en% for an order to compel an answer. -he same procedure may be availed of when a party or a witness refuses to answer any interrogatory submitted under 5ules ") or "B. #f the application is granted% the court shall re.uire the refusing party or deponent to answer the .uestion or interrogatory and if it also finds that the refusal to answer was without substantial justification% it may re.uire the refusing party or deponent or the counsel advising the refusal% or both of them% to pay the proponent the amount of the reasonable e2penses incurred in obtaining the order% including attorneyOs fees. #f the application is denied and the court finds that it was filed without substantial justification% the court may re.uire the proponent or the counsel advising the filing of the application% or both of them% to pay to the refusing party or deponent the amount of the reasonable e2penses incurred in opposing the application% including attorneyOs fees. 1a! Section 2. Contempt of court. #f a party or other witness refuses to be sworn or refuses to answer any .uestion after being directed to do so by the court of the place in which the deposition is being ta:en% the refusal may be considered a contempt of that court. "a! Section 3. Other consequences. #f any party or an officer or managing agent of a party refuses to obey an order made under section 1 of this 5ule re.uiring him to answer designated .uestions% or an order under 5ule "D to produce any document or other thing for inspection% copying% or photographing or to permit it to be done% or to permit entry upon land or other property or an order made under 5ule "E re.uiring him to submit to a physical or mental e2amination% the court may ma:e such orders in regard to the refusal as are just% and among others the following> a! An order that the matters regarding which the .uestions were as:ed% or the character or description of the thing or land% or the contents of the paper% or the physical or mental condition of the party% or any other designated facts shall be ta:en to be established for the purposes of the action in accordance with the claim of the party obtaining the orderF b! An order refusing to allow the disobedient party to support or oppose designated claims or defenses or prohibiting him from introducing in evidence designated documents or things or items of testimony% or from introducing evidence of physical or mental conditionF c! An order stri:ing out pleadings or parts thereof% or staying further proceedings until the order is obeyed% or dismissing the action or proceeding or any part thereof% or rendering a judgment by default against the disobedient partyF and d! #n lieu of any of the foregoing orders or in addition thereto% an order directing the arrest of any party or agent of a party for disobeying any of such orders e2cept an order to submit to a physical or mental e2amination. )a! *ote> case may be even dismissed with prejudice

Section 4. Expenses on refusal to admit. #f a party after being served with a re.uest under 5ule "C to admit the genuineness of any document or the truth of any matter of fact serves a sworn denial thereof and if the party re.uesting the admissions thereafter proves the genuineness of such document or the truth of any such matter of fact% he may apply to the court for an order re.uiring the other party to pay him the reasonable e2penses incurred in ma:ing such proof% including attorneyOs fees. Gnless the court finds that there were good reasons for the denial or that admissions sought were of no substantial importance% such order shall be issued. 4a! Section 5. Failure of party to attend or serve answers. #f a party or an officer or managing agent of a party wilfully fails to appear before the officer who is to ta:e his deposition% after being served with a proper notice% or fails to serve answers to interrogatories submitted under 5ule "B after proper service of such interrogatories% the court on motion and notice% may stri:e out all or any part of any pleading of that party% or dismiss the action or proceeding or any part thereof% or enter a judgment by default against that party% and in its discretion% order him to pay reasonable e2penses incurred by the other% including attorneyOs fees. B! -he sanctions are> & & & & 8tri:ing out a all or part of pleading 0ismiss the action +udgment by default Payment of e2penses includuing attorneys fees

/however% imposition of sanctions rests on sound discretionF there are some e2ceptions ie answers not directed to main issues of the suitF

5emedy> ;Order to Answer< $ but not available if the whole of the interrogatory was not answered result should be to dismiss the action or render judgment by default!
Rule Remedy Remarks

23 23 23 23 23 23 23 25 25 25 25 25 25 2" 2# 2$

strike pleading or its part dismiss the action enter judgment by default pay fees apply to court to compel answer contempt other modes in !ec 3 strike pleading or its part dismiss the action pay fees apply to court to compel answer contempt other modes in !ec 3 pay fees compel inspection order compel order of e%amination

failed to appear and serve answer failed to appear and serve answer failed to appear and serve answer failed to appear and serve answer appeared but didn t answer appeared and ordered to answer but didn t answer appeared and ordered to answer but didn t answer failed to serve answer failed to serve answer failed to serve answer appeared but didn t answer appeared and ordered to answer but didn t answer appeared and ordered to answer but didn t answer denied genuiness but proven wrong refused inspection refused e%amination

RULE 30 Trial Section 1. Notice of $rial% &pon entry of a case in the trial calendar' the cler shall notify the parties of the date of its trial in such manner as shall ensure his receipt of that notice at least five ()* days before such date% (+a' "++* 0efinition of -rial $ a judicial investigation and determination of the #88G78 between the parties to an action% whether they are issues of law or fact% before a court that has jurisdiction over the cause. #t is governed by established procedures and involves offering of testimony or evidence When is a case ready for trial $ o when the issues are joined. -he issues are joined when all the parties have placed their respective theories and terms of dispute before the court. After the termination of pre&trial a case is ready for pretrial after the last pleading filed! ,ence% premature when> *O A*8W75 has been filed yet% including that of )p

Section 2. Ad,ournments and postponements% A court may ad,ourn a trial from day to day' and to any stated time' as the expeditious and convenient transaction of business may require' but shall have no power to ad,ourn a trial for a longer period than one month for each ad,ournment nor more than three months in all' except when authori-ed in writing by the Court Administrator' .upreme Court% (/a' "++* -his is in accord to the mandatory continuous trial system admin circ )&JJ% 1&1B&JJ% 0avide! for speedy administration of justice

Section 3. "equisites of motion to postpone trial for absence of evidence% A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality or relevancy of such evidence' and that due diligence has been used to procure it% 0ut if the adverse party admits the facts to be given in evidence' even if he ob,ects or reserves the right to ob,ect to their admissibility' the trial shall not be postponed% (1a' "++2 0ar !atter No% 34/' +5 6uly 5773* -o postpone trial% where one was unable to show evidence or show witness% one must show an A66#0A3#- which contains> o -he evident is relevant o 0iligent efforts have been e2ecuted to procure evidence

-he opponent may rebut this by> o A0'#- the facts sought to be proven by the absent evidence even if still subject to admissibility!

=ut the postponement will not be denied when there is only mere admission that an absent witness be ;actually in the trial< o 5eason> so that the court can e2amine the witnessF if not% it deprives the court of intelligent reflections

*ote> if there is no )day notice on motion for postponement of pretrial $ such motion will be denied

Section 4. "equisites of motion to postpone trial for illness of party or counsel% A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or sworn certification8 that the presence of such party or counsel at the trial is indispensable and that the character of his illness is such as to render his non9attendance excusable% ()a' "++* 8medical certificate under oath @eneral 5ule> motions for continuance or postponement is *O- A 'A--75 O6 5#@,-F it rests on the 8OG*0 0#8C57-#O* of the court o *ot disturbed% e2cept gadlej Criteria in granting postponements o Only on '75#-O5#OG8 @5OG*08 5eason> court9s discretion is for the ends of justice and fairness with respect for the rights and procedural due process% not for convenience of the courts or the parties nor speed

" grounds 5eason of the postponement #e no evidenceKwitnessF sic:ness of partyKcounsel

'erits of the case of the movant

Section 5. Order of trial% .ub,ect to the provisions of section + of "ule /5' and unless the court for special reasons otherwise directs' the trial shall be limited to the issues stated in the pre9trial order and shall proceed as follows: (a* $he plaintiff shall adduce evidence in support of his complaint2 (b* $he defendant shall then adduce evidence in support of his defense' counterclaim' cross9claim and third9party complaints2 (c* $he third9party defendant if any' shall adduce evidence of his defense' counterclaim' cross9claim and fourth9party complaint2

(d* $he fourth9party' and so forth' if any' shall adduce evidence of the material facts pleaded by them2 (e* $he parties against whom any counterclaim or cross9claim has been pleaded' shall adduce evidence in support of their defense' in the order to be prescribed by the court2 (f* $he parties may then respectively adduce rebutting evidence only' unless the court' for good reasons and in the furtherance of ,ustice' permits them to adduce evidence upon their original case2 and (g* &pon admission of the evidence' the case shall be deemed submitted for decision' unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings% ;f several defendants or third9party defendants' and so forth' having separate defenses appear by different counsel' the court shall determine the relative order of presentation of their evidence% (5a' "/4* @5 & -he order of trial is limited to issues stated in the pre&trial order. o Gnless the court says otherwise @5 $ upon admission of evidence% the case is deemed submitted for decision o Gnless court re.uires further argument or pleadings

Where are trials conducted o o Open court Q regular court room $ if trial upon merits Chambers wKo the cler: or other court officials! $ all other instances

When can the O5075 of trial be changed> 5737587 -5#A? o @5> the plaintiff opens the trial 72cept> when the defendant admits the allegations in the complaints and made special defenses% it is the defendant who should come forward to support his defenses

,ence% 5737587 -5#A? happens when Complaint is admitted Criminal cases

@5> no more presentation of additional evidence after direct evidence has been presented

=ut with a lot of e2ceptions

When can there be presentation of additional evidence? o o o When it is newly discovered Where it has been omitted through mista:e Where the purpose of the evidence is to correct evidence previously offered

/,owever% it is 0#8C57-#O*A5P upon the court to allow the prosecution further evidence in rebuttal after closing the case o o Gsually% the prosecution must 1st forward and present all proof -hen defendant presents proof #f the proof of the defendant contradicts that of prosecution% court may allow further evidence 7lse% no to surprisesM

#f not satisfied% court may on its OW* motion% call additional witnesses or same witnesses for .uestioning himself o -his is called ;opening of the case for reception of further evidence< *ot the same as granting of new trial because it re.uires 6O5'A? 'O-#O* by any of the parties -his usually happens when plaintiff is in default

Section 6. Agreed statement of facts% $he parties to any action may agree' in writing' upon the facts involved in the litigation' and submit the case for ,udgment on the facts agreed upon' without the introduction of evidence% ;f the parties agree only on some of the facts in issue' the trial shall be held as to the disputed facts in such order as the court shall prescribe% (+a' "/4* 0efinition of 8tipulations $ agreements or admission regarding certain facts included n the litigation and are conclusive between the parties o 0o not re.uire proof o o Court is duty bound to accept the stipulation of facts Cannot be contradicted% e2cept

'ade through palpable mista:e ie denying right which they assert

,ow to withdraw> by leave of court upon cause shown

Section 7. .tatement of ,udge% During the hearing or trial of a case any statement made by the ,udge with reference to the case' or to any of the parties' witnesses or counsel' shall be made of record in the stenographic notes% (/a' "/4* Section 8. .uspension of actions% $he suspension of actions shall be governed by the provisions of the Civil Code% (n* Section 9. 6udge to receive evidence2 delegation to cler of court% $he ,udge of the court where the case is pending shall personally receive the evidence to be adduced by the parties% <owever' in default or ex parte hearings' and in any case where the parties agree in writing' the court may delegate the reception of evidence to its cler of court who is a member of the bar% $he cler of court shall have no power to rule on ob,ections to any question or to the admission of exhibits' which ob,ections shall be resolved by the court upon submission of his report and the transcripts within ten (54* days from termination of the hearing% (n* *ow% cler: of court can receive because there is no law or public policy prohibiting it @5> +udge of the court where case is pending! shall P758O*A??P receive the evidence adduced by the parties o 72cept% the Cler: of Court who is a bar member! can receive> #n default or e2 parte proceedings #n any case when the parties agree in writing

-his is different by trial of commissioner because the cler: cannot rule on objections to admissibility of evidence nor rule on its admissibility.

RULE 31 Consolidation or Severance

Section 1. Consolidation% #hen actions involving a common question of law or fact are pending before the court' it may order a ,oint hearing or trial of any or all the matters in issue in the actions2 it may order all the actions consolidated' and it may ma e such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay% (5* Consolidation is when actions involving a common .uestion of law or fact are pending before the court o -here must be " or more cases o =efore the same judge #f before different judges% none can impose on another the duty to hear and decide the case =ut there are e2ceptions see jurisprudence1

) ways of consolidation o o o 5ecast the cases already instituted and conduction one hearing and one decision Consolidate the e2isting cases and hold only one hearing and render one decision ,ear only the principal case and suspend the others until there is judgment on principal case

Consolidation is a 'A--75 O6 0#8C57-#O* o 0oes not warrant mandamus

-78- to warrant Consolidation o As long as the cases involve the resolution of .uestions of law or facts in common with each other ,ence% the technical difference of action and a proceeding becomes insignificant 8ometimes% even if the cases are presented before different judges% it can be consolidated

Consolidation is 'A*0A-O5P when it involves the same parties and same subject matter and that consolidation will prevent multiplicity of suits ?aw provides that consolidation of civil and criminal cases is allowed even up to CA levelM! o Pes% even to 8C the one with the lower @5 number% ie filed earlier!

Section 2. .eparate trials% $he court' in furtherance of convenience or to avoid pre,udice' may order a separate trial of any claim' cross9claim' counterclaim' or third9party complaint' or of any separate issue or of any number of claims' cross9claims' counterclaims' third9party complaints or issues% (+a*

!"# 33$ D#%!

# &' #(ID#)*#

Section 1. Demurrer to evidence. After the plaintiff has completed the presentation of his evidence% the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. #f his motion is denied he shall have the right to present evidence. #f the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. 1a% 5)B!

1.

".

).

4.

5e.uisites a. After the plaintiff as completed evidence presentation b. -he facts and law show that plaintiff has shown no right to relief c. On motion of defendant Concept of 0emurrer a. -he rule allows the defendant for 0#8'#88A? O6 -,7 CA87 after the plaintiff has presented his evidence on the ground of insufficiency of evidence and on ground that the plaintiff is not entitled for a reliefF the effect is on the stopping the defendant to present his cause already because he is not entitled to relief b. #t authori(es a judgment on the '75#-8 of the case W#-,OG- the defendant having to submit evidence on his part as he would ordinarily have to do because the plaintiff9s evidence shows that the plaintiff is *O- 7*-#-?70 to relief sought. c. #t is one of the tools to e2pedite the termination of an action li:e '-0! d. #f the trial court 07*#78% this means that the evidence is sufficient for an award of judgment and the effect is that the trial court can continue receiving evidence to continue the case i. 8uch denial is not final but interlocutory because it didn9t dispose of the case yet $ the defendant can still present his evidence 7ffects a. #f the demurrer is denied i. 0efendant has the right to present evidence ii. #nterlocutoryF case goes on to receive evidence of defendant so that all the facts and evidence of the parties may be placed for adjudication b. #f the demurrer is granted i. Case can be dismissed on merits c. #f the demurrer is granted but reversed on appeal i. -he defendant is deemed to have waived the right to present evidence '-0 v 0emurrer to evidence
&otion to 'ismiss 'emurrer to (vidence after plaintiff rests his case one ground) is there a showing of a right to relief if defendant, he presents evidence on defense

before answer ten grounds if denied, defendant files answer

B. !"# 34$ +!D,%#)& ') &-# ."#/DI),S

Section 1. 6udgment on the pleadings. Where an answer fails to tender an issue% or otherwise admits the material allegations of the adverse partyOs pleading% the court mayF on motion of that party% 0irect 1u0g2ent on such p3ea0ing. ,owever% in actions for declaration of nullity or annulment of marriage or for legal separation% the material facts alleged in the complaint shall always be proved. 1a% 51J! 1. 5e.uisites a. Answer failed to tender an issue or admitted the material allegation of the adverse party9s pleading i. ,ence% it is not proper when there are specific denials or tenders an issue b. ". On motion of any party

@rounds for +udgment on Pleadings a. -he answer failed to tender an issue i. 72> made denials not in conformity of ma:ing specific denials ie made general denials or denials that is within her :nowledge or can be easily ascertained by her!
a! A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. b! An affirmative defense is an allegation of a new matter which% while hypothetically admitting the material allegations in the pleading of the claimant% would nevertheless prevent or bar recovery by him. -he affirmative defenses include fraud% statute of limitations% release% payment% illegality% statute of frauds% estoppel% former recovery% discharge in ban:ruptcy% and any other matter by way of confession and avoidance. Ba!

b.

Admission of the material allegations of adverse party9s pleading can either be e2pressed or implied i. ie failure to answer re.uest for admissions! ii. 6ailure to offer proof of truth of one9s own claim iii. 6ailed to object to movant9s allegations

c.

6ailed to deny the genuineness of the document under oath i. 72cept statement of accounts which must be proven

).

72ceptions a. Actions for Annulment of marriage or legal separation the material facts must always be proved Gnli.uidated damages must be proved! Admission is only of fact% not of material allegations of fact #nsufficiency of facts

b. c. d.

4.

*otes a. 'otion for judgment on pleadings may be e2&parte where the answer admits all the material averments of the complaint *o need for supporting papers% pleadings alone Appeal can be had on certiorari% rule 4B
*udgment on +leading *udgment by 'efault defendant does not answer evidence of plaintff may be received decision is based n pleading of claimant and his evidence !ummay judgment issue is not enuine 1, days notice may be partial claimant or defendant pleadings - admissions, affidavit or depositions

b. c.

defendant answers but failed to tender an issue no evidence is received decision is based on complaint and answer *udgment on +leading failed to tender an issue 3 days notice of hearing judgment terminates the entire proceeding plaintiff only pleadings alone

!"# 34$ S!%%/ 4 +!D,%#)&S Section 1. .ummary ,udgment for claimant. A party see:ing to recover upon a claim% counterclaim% or cross&claim or to obtain a declaratory relief may% at any time after the pleading in answer thereto has been served% move with supporting affidavits% depositions or admissions for a summary judgment in his favor upon all or any part thereof. 1a% 5)4! 1. 5e.uisites a. -he movant is the party who see: to recover from a claim or to obtain a declaratory relief b. c. ". An answer has been served by the other party -here are supporting affidavits% depositions% and admissions

0efinition of 8ummary judgment $ judgment by which a court that there is no genuine issue between the both parties that may be rendered 5efore tria36 after 5oth parties have p3ea0e0 upon app3ication 5y one party supporte0 5y affi0avits6 0epositions or other 0ocu2ents with notice upon adverse party who may file an opposition supported by affidavits% depositions or other documents a. #t is a device for weeding out sham claims or defenses at an early stage of litigation to avoid e2penses and time involved in a trial -,757 #8 *O 875#OG8 CO*-5O3758P $ no genuine issues or the issues are sham% false i. 0efinition of @enuine #ssue $ an issue of fact that calls for presentation of evidence that are not fictitious% contrived% in bad faith an unsubstantial

b.

1. c.

but if the issues were disputed% 8+ cant replace trial

0efinition that # li:e> A summary judgment is one granted by the court upon motion by a party for an e2peditious settlement of the case% there appears from the pleadings% depositions% admissions and affidavits that there are no issues of fact involved e2cept as to amount of damages and that therefore the moving party is entitled to judgment as a matter of law /note% the judgment can just be partial or whole

d. ). -78a.

Whether the pleadings affidavits and e2hibition in support of the motion are 8G66#6#C7*- to overcome the opposing papers and to justify a finding as a matter of law that there is no defense to the action

4.

0istinctions

!ummary *udgments .he issue is not genuine .he issues having been raised by pleading, are the issues genuine, !ham, ficititious as evidence by /'/0 1round is limited to) the issue is not genuine 2t can traverse not just complaint but other pleadings also 3iled after answer

*udgment on +leadings .here are no issues /re there issues arising from pleadings0

&otion to 'ismiss

founded on grounds under Rule 1" !ome are limited to face of complaint 3iled +rior /nswer

B.

Procedure a. 'otion by either party b. =asis of Court Action i. 0etermine whether the issues are genuine or not and not to receive evidence on the issues set up in pleadingsF nevertheless% a hearing can be had based on the court9s discretion issue hearing no issue deciding! c. =urden of Proof i. the movant ii. #f the plaintiff $ prove CoA e2ists and such was just a delaying tacticF after which% defendant must show that he is entitled to defend d. 8teps i. #s there a genuine issue as to any material fact? ii. Assess damages iii. #f trial proceeds% segregate material facts with and without controversy then ma:e an order!

iv. #f summary judgment is granted were there are Section 2. .ummary ,udgment for defending party. A party against whom a claim% counterclaim% or cross&claim is asserted or a declaratory relief is sought may% at any time% move with supporting affidavits% depositions or admissions for a summary judgment in his favor as to all or any part thereof. "a% 5)4! 1. #f the summary judgment is for defending party% the motion may be filed A*P-#'7 unli:e summary judgment for claimant which allows summary judgment Section 3. !otion and proceedings thereon. -he motion shall be served at least ten 11! days before the time specified for the hearing. -he adverse party may serve opposing affidavits% depositions% or admissions at least three )! days before the hearing. After the hearing% the judgment sought shall be rendered forthwith if the pleadings% supporting affidavits% depositions% and admissions on file% show that% e2cept as to the amount of damages% there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. )a% 5)4! Section 4. Case not fully ad,udicated on motion. #f on motion under this 5ule% judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary% the court at the hearing of the motion% by e2amining the pleadings and the evidence before it and by interrogating counsel shall ascertain what material facts e2ist without substantial controversy and what are actually and in good faith controverted. #t shall thereupon ma:e an order specifying the facts that appear without substantial controversy% including the e2tent to which the amount of damages or other relief is not in controversy% and directing such further proceedings in the action as are just. -he facts so specified shall be deemed established% and the trial shall be conducted on the controverted facts accordingly. 4a% 5)4! Section 5. Form of affidavits and supporting papers. 8upporting and opposing affidavits shall be made on personal :nowledge% shall set forth such facts as would be admissible in evidence% and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith. Ba% 5)4! 1. 5e.uisites of affidavits a. =ased on personal :nowledge that disregard statements of hearsay b. c. d. 8et forth facts admissible in evidence plus% no to reiterations of pleadings or G6! 'ust show affirmatively that affiant is competent to testify on matters stated therein 8worn or certified copies of all papers are attached and served on opponent

Section 6. Affidavits in bad faith. 8hould it appear to its satisfaction at any time that any of the affidavits presented pursuant to this 5ule are presented in bad faith% or solely for the purpose of delay% the court shall forthwith order the offending party or counsel to pay to the other party the amount of the reasonable e2penses which the filing of the affidavits caused him to incur including attorneyOs fees% it may% after hearing further adjudge the offending party or counsel guilty of contempt. Ca% 5)4! !"# 36$ +!D,%#)&S6 7I)/" ' D# S /)D #)& 4 &-# #'7 Section 1. "endition of ,udgments and final orders. A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge% stating clearly and distinctly the facts and the law on which it is based% signed by him% and filed with the cler: of the court. 1a! /this does not apply to interlocutory orders

1.

=asis $ 8ec 14% Art E $ no decision shall be rendered by any court wKo e2pressing clearly the facts and the law which it is based a. A due process re.uirement so a party may :now why he lost and that he may be guided on appeal b. =ut this re.uirement is limited to 07C#8#O*8 i. 0ecisions are those givent due course after briefs and pleadings are filed 1. c. not> order or resolution denying due course to certiorari

?imited also to courts of justice i. *ot courts of record 1. ". where the cases are non&litiguous li:e 0O?7 military courts are not courts of law

ii. Or .uasi&+udicial bodies li:e CO'7?7C ". 0efinition of +udgment $ final consideration and determination by the court of the rights of the parties as those rights presently e2ist upon matters submitted to it in an action or proceedingl it is the law9s word on a judicial proceeding 5e.uisites a. b. #n writing% personally and directly prepared by the judge 8tates clearly Q distinctly the facts and the law where it is based i. 6indings of 6act $ 1. 'eaning a. b. facts% not conclusions of law not ultimate facts but supporting evidentiary facts i. court need write every piece of info judges should sift the record! ". *ot 72amples a. ). ;owner of property< $ fact in pleading but not 6o6

).

5emedies for 6ailure to ma:e 6o6 a. 'ay be remanded to ?C to ma:e findings

ii. @5> if there are no facts% such is not allowed or 8in Perjuicio judgments!

1.

these are incomplete decisions because the facts where the decisions are based has not happened yet but these are different when the judgment is withheld to prevent lea:age preparation v promulgation of judgment!

".

iii. 72ceptions 1. 'inute 5esolutions $ even if there is no 6o6 but must have legal basis a. #ssued when a case is patently without merit% issues are factual in nature or if filed merely to forestall e2ecution of judgment

c. d.

Contains a dispositive part 8igned by judge i. 72ceptions> 1. 'inute resolutions need not be signed by all judges

ii. Can be done even if outside province or already permanently transferred to another court 1. @5> the ta:e&over judge inherits all the cases a. Gnless there is motion of any partyendorsed by presiding judge to Office of Court Administrationmay refer to judge who heard the case but was transferred e2cept if transferred to a higher jurisdictional ladder or retired or not in service!then transfer the records by mail

e.

6iled with CC i. -he filing is the rendition of judgment 1. not the mere pronouncement in open court a. because the court can still modify

ii. Promulgation or rendition! $ process by which a decision is published% officially announced% :nown to the public or delivered to CC for filing iii. Periods 1. ". ). 8c $ "4mos CA $ 1"mos ?C $ )mos

a.

0one upon termination of trial or upon completionKsterminationKsubmission of memoranda i. 72ception> lac: of steno notes if its is a new judge that didn9t hear the case

4.

/if not met% there must be a certification why a decision was not madeF in any case% will still decide thereat

f. g.

8igned by Parties Other 5e.uisites i. +udgment must conform to theory of pleadings ii. +udgment must be clear and complete 1. conditional judgments not allowed

iii. 8ome decisions have forms ie 'emorandum 0ecisions 1. ". these are decisions on appealed cases may adopt by 576757*C7 the findings of fact and conclusions of law in the lower court a. b. not just remote reference but direct access reference only when the facts are accepted by parties and easily determinable by the judge wK no doctrinal complications ie simple litigations or ord collection cases

4.

Parts of a judgment a. b. c. Opinion of the court $ contains the findings of fact and conclusions of law 0isposition of the case $ final and actual diposition of rights 8ignature of the judge

Section 2. Entry of ,udgments and final orders. #f no appeal or motion for new trial or reconsideration is filed within the time provided in these 5ules% the judgment or final order shall forthwith be entered by the cler: in the boo: of entries of judgments. -he date of finality of the judgment or final order shall be deemed to be the date of its entry. -he record shall contain the dispositive part of the judgment or final order and shall be signed by the cler:% within a certificate that such judgment or final order has become final and e2ecutory. "a% 11% 5B1! 1. *otes a.

the prevailing party must file a motion for entry unless there is an appeal or '5 of '*-!

b.

-he date of finality of decision is distinct from date of entryF the former is where you cont the days for appeal

".

5ules on Amendment of +udgment a. Allowed prior it is final and e2ecutory i. 'otu propio or on motion b. After finality i. *ot allowed to ma:e su5stantia3 a2en02ents 1. ii. 72cept 1. clerical errors or mista:es a. due to inadvertence or negligence i. ie arithmetic b. clarifications of ambiguityK supplying an omission or stri:ing a superfluity else% null and void

".

supervening events where for the highest interest of justice it must be amended a. grounds of> lac: of jurisdiction and fraud i. or retroactive penal laws

c.

Clerical v +udicial amendment> -78i. 0oes it involve the e2ercise of judicial functions? 1. Clerical $ mere failure only to preserve or correcyly reporesent in the record the decision a. -his is called *G*C P5O -G*C amended

d.

5eason> should be for e2ecution already i. -here is presumption of validity of judgment ii. All litigation must come to an end

).

5ules on #nterpretation of judgment a. @5> when there is conflict n body and fallo% fallo prevails

b.

72ceptions> i. #ntent shows otherwiseK ratio decidendi ii. 'ista:e in the fallo

4.

Ainds of +udgment a. +udgment upon compromise agreement i. =inding li:e res judicata including )p! unless contrart to law or personKlawyer has no aouthority to eneter into compromise agreement b. c. d. +udgment on consent +udgment on confession Amended judgment v supplemental judgment i. 5eplaces v adds stands side by side!

B.

3oid judgment a. 0octrine of -otal *ullity i. A void judgment is in leal effect no judgment at allw here no rights can be divested or obtained ii. Can be attac:ed directly or collaterally iii. *ot final 1. b. *ot a bar to 5+

0octrine of Operative 6acts i. Where the conse.uences of the judgment cannot be justly ignored 1. ie military court proceedings where it was once a civilian court

Section 3. 6udgment for or against one or more of several parties. +udgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants. When justice so demands% the court may re.uire the parties on each side to file adversary pleadings as between themselves and determine their ultimate rights and obligations. )! Section 4. .everal ,udgments. #n an action against several defendants% the court may% when a several judgment is proper% render judgment against one or more of them% leaving the action to proceed against the others. 4! cured by appeal not certiorari else res judicata!

Section 5. .eparate ,udgments. When more than one claim for relief is presented in an action% the court% at any stage% upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim% may render a separate judgment disposing of such claim. -he judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. #n case a separate judgment is rendered the court by order may stay its enforcement until the rendition of a subse.uent judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered. Ba! Section 6. 6udgment against entity without ,uridical personality. When judgment is rendered against two or more persons sued as an entity without juridical personality% the judgment shall set out their individual or proper names% if :nown. Ca!

RULE 37 e! Trial or Reconsiderations" "-hese are the remedies when you have adverse judgment. Pou must e2haust that of the lower court first before moving on to others. Section 1. @rounds of and period for filing motion for new trial or reconsideration. Within the period for ta:ing an appeal% the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party> (a* Fraud' accident' mista e or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights2 or (b* Newly discovered evidence' which he could not' with reasonable diligence' have discovered and produced at the trial' and which if presented would probably alter the result% Within the same period% the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are e2cessive% that the evidence is insufficient to justify the decision or final order% or that the decision or final order is contrary to law. 1a! #otion $or e! Trial 1. When can there be a new trial or consideration $ a. within the period for ta:ing an appeal i. motion can still be had even if one made an appeal alreadyF the :ey is ;ta:ing an appeal< and not ;perfecting an appeal< which is upon the last day of appeal to any party

b. when the relief is sought of a judgment *O- P7- 6#*A? / *O- P77R7CG-O5P i. cannot be e2tended e2cept in 8C c. usually from one court to the ne2t higher court '-C to 5-C! ". @rounds for new trial a. 6A'7* that impaired right i. 6A'7* are just grounds for granting *-F so if you are in the trial de novo already% you are not limited to 6A'7* b. *ewly discovered evidence i. Could not have been presented or discovered at the trial ii. Would alter the result ). 3ersus a. *- v C* i. *- $ if granted% judgment is set aside ii. C* $ if granted% judgment is amended iii. 8ometimes% a C* can become an *-% depending on the ground
N. 1rounds) 3/&(N judgment 2 s set aside and case stands for trial de novo 1rounds) '(' judgment is amended 5ou are ok with evidence presented but you assert that the decision did not properly ascertain the evidence no only for final judgment 4N

*udgment is invalid because the movant was not able to present evidence due to 3/&(N 2nd motion for N. is available available while case is on appeal

b. 8ometimes% an *- becomes a petition for relief if the judgment is not yet final /is it your choice to choose between *- Q C* $ *oM it depends on what grounds you have. #f 6A'7* $ *-F if 070 $ C*. #f you are mista:en in the title of the motion% the grounds will controlF court will as: you to change your motion will not dismiss the case! /does one preclude the other? Pes. *- is 6A'7* and C* is 070. #n *-% the judgment is wrong because the evidence are 6A'7* while in C*% the evidence is accepted as correct. What can happen is that you file an *-% if you lose% file a C*.

c. *- v 'otion to reopen
&.6 N.

only after both parties offerred and closed evidence not in R44 for reception of evidence

only upin rendition of judgment under rule 3# on specific grds defined

4. *ew -rial a. 076#*#-#O* O6 *- $ i. re&e2amination in the same court of an issuance of fact after trial b. Objective $ to enable the court to correct errors without proceeding to a whole new case again c. -he filing of the P5OP75 motion for *- interrupts the running of appeal commences upon notice of denial of motion! i. Gpon service to another party with service d. #f 0enied i. 5emedy> 1. file a "nd motion for *- on a non&e2isting ground or unavailable ground when the 1st motion was filed ". appeal the denial of the decision a. not from the order denying the motion which may be assigned as error e. if granted i. vacate the judgment and proceed to further hearing B. @rounds for *a. 6raud i. 'ust be 7R-5#*8#C 65AG0 1. 6raud is e2trinsic or collateral where it is one of the effect of which prevents a party from having a trial or real contest% or from presenting all of his case to the court or where it operates upon matters not pertaining to the judgment itself but to the manner by which it was procured so that there is not a fair submission of the controversy

". in other words% e2trinsic fraud refers to any fraudulent act of the prevailing party in the litigation which is committed outside of the trial of the case% where the defeated party has been prevented from fully presenting fully his side of the case a. ie procuring judgment by collusion with administrator without revealing the e2istence of other heirs ). simply put% e2trinsic fraud is any tric: or devise to prevent an adversary from presenting his defense 4. /#ntrinsic 6raud $ refers to acts of a party in litigation during the trial such as the use of forged instruments or perjured testimony which did not affect the presentation of the case but did prevent a fair and just determination of the case ii. Accident 1. allowed when the party e2ercised ordinary diligence to ascertain facts which it is claimed surprised of or that it prevented party from presenting is case a. delay or loss in the mail% unauthori(ed withdrawal of attorney iii. 'ista:e 1. 0efinition $ unintentional act% omission or error arising from ignorance% surprise% imposition or misplaced confidenceF it is the results of ignorance of the law or fact that has misled a person to commit that which if he had not been in error% he could not have doneF it may arise from unconsciousness% ignorance% forgetfulness% imposition or misplaced confidence a. #.e. that October has a )1st which made them late in filing b. #n compromise agreements% it is the main cause or main object of the contract% not just incidental iv. 72cusable *eglect 1. 0efinition $ a failure to ta:e the proper steps at the proper time not in conse.uence of party9s own carelessness% inattention or willful disregard of the process of the unavoidable hindrance or accident% or on reliance of the care and vigilance of his counsel or on promises made by the other party

a. #.e. failure to file answer because counsel9s employee was ill and did no inform counsel b. @5> negligence of counsel biding on client litigant must give assistance to counsel and in.uire about the case! i. Gnless the incompetence of counsel be so great that his client is prejudiced and prevented from fairly presenting his case% i.e. changing the cause of action% violating substantive rights and no dp! 1. unless the plaintiff continue to retain services :nowing his ignorance v. *ewly 0iscovered evidence 1. re.uisites a. discovered after trial 5. that cou30 not have 5een 0iscovere0 even 8ith reasona53e 0i3igence i. diligence $ depends on circumstances c. must be material and not collateral% cumulative or corroborative or for impeaching a witness d. it will alter results if presented e. -78-> PG*@ @#*AWA 'O =A 8A A6-75 -5#A? 7, 07,#*8 'O 'A@A@AWA 0G5#*@ -5#A?? f. /=anco 6ilipino Case

". not necessary that it be new evidence ). /nie a. 6orgotten evidence $ evidence already in e2istence which was :nown and obtainable by a party which could have been presented if not for forgetfulness or oversight b. Cessation of hostility of witness C. Procedure a. motion must be in writing with notice of hearing with service

b. affidavit of merits is re.uired when motion is based on 6A'7 must specifically point out the erroneous conclusions of fact and law! i. if none% such is considered pro forma% a mere scrap of paper 1. but there is an e2ception> when the *- is demandable as a right and not discretionary with court i.e. lac: of jurisdiction on subject matter ii. Pro&forma motions 1. does not suspend running period of appeal ". merely reiterates the evidence and fails to specify errors of facts and law iii. definition of A6' $ recites the nature of 6A'7 and the movant9s good cause of actionF must contain facts and not conclusions of law nor opinions of law iv. two affidavits are re.uired 1. one sets the facts of 6A'7 ". affidavit of merits $ sets forth the cause of action D. Actions of the court a. 8et aside judgment and grant new trial b. 0eny the motion c. Amend judgment without ne trial unless additional evidence is advisable d. #f facts are admitted by both parties% reopening is not necessary% an amended decision is sufficient E. 7ffects of @5A*-#*@ *a. +udgment is vacated or annulled and rendered void i. -he whole judgment is void :iber if you assert that it will be altered only on your part! b. -here will be a trial de novo or a new trial altogether i. -he new trial is not limited on ascertaining 6A'7*F since you are already with a new trial% you try the case itself

ii. -he hearing can be outside 6A'7* iii. *ot necessary that there be new trial% mere review is enough if based on insufficiency of evidence ang ground iv. Court can recall witness c. Appeal is deferred until is *- is decided on d. Appeal from judgment and certiorari is still possible J. there are therefore% -WO ,7A5#*@8 a. a hearing to determine whether judgment has been rendered in 6A'7 that should have it set aside b. a trial on the merits of the principal case

#otion $or Reconsideration 1. @rounds for consideration a. 0amages are e2cessive i. -here must be showing of amount so large that it is a result of passion% prejudice or corruption that the evidence was disregarded ii. /may be corrected motu propio or on motion b. 7vidence is insufficient to justify the decision or final order c. -he decision is contrary to law ". When can there be a new trial or consideration $ a. within the period for ta:ing an appeal i. motion can still be had even if one made an appeal alreadyF the :ey is ;ta:ing an appeal< and not ;perfecting an appeal< which is upon the last day of appeal to any party b. when the relief is sought of a judgment *O- P7- 6#*A? ii. cannot be e2tended e2cept in 8C c. usually from one court to the ne2t higher court '-C to 5-C!

). 5econsideration a. 0efinition $ re&e2amination based on damages% evidence and decision contrary to law b. #f granted $ i. judgment is amended ii. now% there is a new period to appeal c. #f denied iii. #nterrupted the period for appeal iv. *ot appealable 4. @rounds for C* a. 72cessive 0amages b. 7vidence is insufficient to justify the decision c. 0ecision is contrary to law B. Procedure a. motion must be in writing with notice of hearing with service b. affidavit of merits is re.uired when motion is based on 070 must specifically point out the erroneous conclusions of fact and law! i. if none% such is considered pro forma% a mere scrap of paper ii. Pro&forma motions 1. does not suspend running period of appeal ". merely reiterates the evidence and fails to specify errors of facts and law iii. definition of A6' $ recites the nature of 070 and the movant9s good cause of actionF must contain facts and not conclusions of law nor opinions of law iv. two affidavits are re.uired 1. one sets the facts of 070

". affidavit of merits $ sets forth the cause of action C. Actions of the court a. 8et aside judgment and grant new trial b. 0eny the motion c. Amend judgment without ne trial unless additional evidence is advisable d. #f facts are admitted by both parties% reopening is not necessary% an amended decision is sufficient D. 7ffects of @5A*-#*@ C* a. +udgment is amended b. Appeal from judgment and certiorari is still possible Section 2. Contents of motion for new trial or reconsideration and notice thereof. -he motion shall be made in writing stating the ground or grounds therefor% a written notice of which shall be served by the movant on the adverse party. A motion for new trial shall be proved in the manner provided for proof of motion. A motion for the cause mentioned in paragraph a! of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. A motion for the cause mentioned in paragraph b! shall be supported by affidavits of the witnesses by whom such evidence is e2pected to be given% or by duly authenticated documents which are proposed to be introduced in evidence. A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law ma:ing e2press reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings or conclusions. A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal. "a! Section 3. Action upon motion for new trial or reconsideration. -he trial court may set aside the judgment or final order and grant a new trial% upon such terms as may be just% or may deny the motion. #f the court finds that e2cessive damages have been awarded or that the judgment or final order is contrary to the evidence or law% it may amend such judgment or final order accordingly. )a! Section 4. 5esolution of motion. A motion for new trial or reconsideration shall be resolved within thirty )1! days from the time it is submitted for resolution. n! Section 5. 8econd motion for new trial. A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. A second motion for new trial% based

on a ground not e2isting nor available when the first motion was made% may be filed within the time herein provided e2cluding the time during which the first motion had been pending. *o party shall be allowed a second motion for reconsideration of a judgment or final order 4a% 4% #5@! Section 6. 7ffect of granting of motion for new trial. #f a new trial is granted in accordance with the provisions of this 5ules the original judgment or final order shall be vacated% and the action shall stand for trial de novoF but the recorded evidence ta:en upon the former trial% insofar as the same is material and competent to establish the issues% shall be used at the new trial without reta:ing the same. Ba! Section 7. Partial new trial or reconsideration. #f the grounds for a motion under this 5ule appear to the court to affect the issues as to only a part% or less than an of the matter in controversy% or only one% or less than all% of the parties to it% the court may order a new trial or grant reconsideration as to such issues if final order upon the rest. Ca!

severa53e without interfering with the judgment or

Section 8. 7ffect of order for partial new trial. When less than all of the issues are ordered retried% the court may either enter a judgment or final order as to the rest% or stay the enforcement of such judgment or final order until after the new trial. Da! Section 9. 5emedy against order denying a motion for new trial or reconsideration. An order denying a motion for new trial or reconsideration is not appealed% the remedy being an appeal from the judgment or final order. n!

RULE 38 Relie$ $ro% &'d(%ents) *rders) or *t+er ,roceedin(s Section 1. Petition for relief from judgment% order% or other proceedings. When a judgment or final order is entered% or any other proceeding is thereafter ta:en against a party in any court through fraud% accident% mista:e% or e2cusable negligence% he may file a petition in such court and in the same case praying that the judgment% order or proceeding be set aside. "a! 1. When is a relief from judgment available a. when a judgment or final order is entered and e2ecutory else remedy is *- or appeal! b. based on 6A'7 c. in that same court and in the same case! i. but the judge is not a party for petition of relief unli:e certiorari d. to have the judgment be set aside

e. available only if there are no e.uitable remedies i. not available if you had *- or C* ii. eg> nullity of marriage that is final and e2ecutory ". Concept a. A principle of e.uity provided by law to any person against whome a decision or order is entered through 6A'7 i. An act of graceF cannot be that the mista:es was due to party9s fault ). @rounds a. A judgment which is final made through 6A'7 b. A judgment is prevented to ta:e appeal because of 6A'7 4. where filed $ in the same case and in the same court which made the judgment or where the action is proceeding B. Purpose a. -o set aside the judgment C. Process a. 3erified Petition i. /different with *- and C* is that 5+ is through petition ii. 8ince petition you chec: if it has form or substance b. #nitial Prayer which may include -5O and injuction c. Court gives due course to the motion and orders an answer within 1Bd d. Answer which must deny 6A'7* i. Gnless there is '-0 ii. Or the court has dismissed it 1. not appealable% unless by certiorari e. ,earing

i. Prove the ff issues 1. wKn there was 6A'7 ". whether there is good and sufficient claim on Affidavit of 'erit
N. and 4N before judgment becomes final and e%ecutory to judgment and final orders only grounds) 3/&(N'(' within time to appeal if denied, not appealable, remedy is appeal from judgment legal remedy no verification needed set aside judgment Relief from judgment after judgment has become final and e%ecutory to judgment, orders and other proceedings 3/&( ",d7"mo of knowledge7entry of judgment if denied, ot appealable8 by certiorari e9uitable remedy must be verified same

3$

4ertiorari

judge is not a party based on 3/&(

is a party 1/'/:(*

D. 5esults 1. if granted% li:e rule )D% the judgment shall be vacated and tria3 0e novo will proceedF the recorded evidence be ta:en upon the former trial in so far as it is material a. /trial de novo $ no more in 5A C1)1 and =P 1"J i. -he court can just decide on the basis of pleadings and memoranda without prejudice to admission of amended pleadings and additional evidence ". there are therefore% -WO ,7A5#*@8 a. a hearing to determine whether judgment has been rendered in 6A'7 that should have it set aside b. a trial on the merits of the principal case *otes 1. injunction must be had to stay e2ecution ". if there is no A'7 but erroneous interpretation of rules% the remedy is mandamus a. mista:e does not include judicial error because it can be corrected by appeal ). note that these remedies cannot be susbstituted for remedy of appeal

4. all grounds must be invo:ed one time only B. cross&claims do not affect the main complaint judgment C. the persons must be parties to the case D. this relief is not available if there it *-

Section 2. Petition for relief from denial of appeal. When a judgment or final order is rendered by any court in a case% and a party thereto% by fraud% accident% mista:e% or e2cusable negligence% has been prevented from ta:ing an appeal% he may file a petition in such court and in the same case praying that the appeal be given due course. 1a! Section 3. -ime for filing petitionF contents and verification. A petition provided for in either of the preceding sections of this 5ule must be verified% filed within si2ty C1! days after the petitioner learns of the judgment% final order% or other proceeding to be set aside% and not more than si2 C! months after such judgment or final order was entered% or such proceeding was ta:en% and must be accompanied with affidavits showing the fraud% accident% mista:e% or e2cusable negligence relied upon% and the facts constituting the petitionerOs good and substantial cause of action or defense% as the case may be. )! 1. -he C1 day rule a. #t runs from entry of judgment in the boo: of entries of judgment! i. *ot from the date of finality of judgment ii. /strictly construed b. -he *- and C* does not suspend period for filing relief from judgment c. *ot applicable if court has no jurisdiction d. Only available if there is final judgment and that decision is final and e2ecutory and when *- is not necessary Section 4. Order to file an answer. #f the petition is sufficient in form and substance to justify relief% the court in which it is filed% shall issue an order re.uiring the adverse parties to answer the same within fifteen 1B! days from the receipt thereof. -he order shall be served in such manner as the court may direct% together with copies of the petition and the accompanying affidavits. 4a! 1. summons is not a necessity Section 5. Preliminary injunction pending proceedings. -he court in which the petition is filed may grant such preliminary injunction as may be necessary for the preservation of the rights of the parties% upon the filing by the petitioner of a bond in favor of the adverse party% conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits% he will pay the adverse party all damages and costs that may be awarded to him by reason of the

issuance of such injunction or the other proceedings following the petition% but such injunction shall not operate to discharge or e2tinguish any lien which the adverse party may have ac.uired upon% the property% of the petitioner. Ba! Section 6. Proceedings after answer is filed. After the filing of the answer or the e2piration of the period therefor% the court shall hear the petition and if after such hearing% it finds that the allegations thereof are not true% the petition shall be dismissedF but if it finds said allegations to be true% it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. -hereafter the case shall stand as if such judgment% final order or other proceeding had never been rendered% issued or ta:en. -he court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. Ca! Section 7. Procedure where the denial of an appeal is set aside. Where the denial of an appeal is set aside% the lower court shall be re.uired to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made. Da!
6R'(R ;and not the judgment of the original case< 63)

N.
3/&(NN ;the trial and evidence presented has 3/&(NN< period for appeal same court motion yes ;only if several issues8 else cant have N. bec its effect is to void judgment as a whole< original judgment is vacated = you have a new trial altogether Rule @1) not appealable8 e%cept Rule "5 affidavit of merit8 motion then opposition

&R
'(' ;trial or judgment has '('< period for appeal same court motion yes ;test) is there a specific part of judgment na mali0 Regardless of > of parties or 4o/< original judgment is amended8 then you have a hearing Rule @1) not appealable8 e%cept Rule "" affidavit of merit8 motion then opposition

R*
judgment was rendered with 3/&(N ;only if N.=&R was not availed of due to 3/&(N< ",d7"mos same court verified petition

Grounds When Where How

Partial Remedy if Granted Remedy if Denied Proceedings

n?a same with N.8original judgment is vacated = you have a new trial altogether Rule @1) not appealable8 e%cept Rule "# petition

-here is a judgment o A ?oses and 6iles *-KC*K5+

o = Wins

#f Wins $ = can certiorari #f ?oses $ no remedy forever rule 41! e2cept certiorari /'otion for "nd *- $ only if there is a new ground

A007*0G'> +udgment #* @7*75A? 1. -ypes of +udgment o +udgment by consent o +udgment for support o o o o o ". ) ways of attac:ing judgment which has become final and e2ecutory o o 0irect attac: against the order of judgment Collateral attac: for a releief other than the vacation of judgment attac: is only incidental! Petition for relief of judgment ta:en in the same action or proceeding in which the judgment or order was entered! /not final because support is provisional

*aturali(ation +udgment by default +udgment on pleadings 8ummary judgment

). ) prescribed rules o o 5ule )E 5ule 4D $ direct action to annul and enjoin enforcement of judgment where the defect is not apparent on its face or contained in the judgment Certiorari & direct action or collateral attac: against the judgment where the defect is apparent on its face or contained in the judgment

#.e. judgment without hearing 0irect v Collateral 0irect $ made to an action or proceeding% the main object of which is to annul% set aside or enjoin the enforcement of judgment Collateral $ see:s to obtain relief other than setting aside of judgmentF the attac: on judgment being incidental o -o do this% one must show ?o+ Which should be patent Proven not by e2traneous evidence but by evidence in records of the case itself Only e2traneous evidence allowed if annulment of judgment is based on e2trinsic fraud

o 4. 8ummary of 5emedies o o o o o o 'otion *- 5ule )D!

Where the judgment itself is null and void

#nherent power to amend and control 5ule 1)B! Petition for relief 5ule )E! Certiorari% prohibition and mandamus 0irect action for annulment of judgment Suo Warranto

+udgment on Compromise Agreements ,as an effect of res judicata on parties +udgment is final and e2ecutory unless otherwise provided!F not appealable o 72cept the supplement thereto

8hould not be disturbed e2cept for vices of consent or forgery

5emedy o o @rounds> ?o+F vitiated by fraudF without authority -o challenge% party must move trial court obligation set aside the judgment and annul the compromise agreement itself o 5ule )E is still available as a remedy/

#f denied Petition for relief is not available anymore

RULE 39: EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS 1. When can there be writ of execution a. Definition of Writ of Execution: a judicial writ issued to an officer authorizing and requiring him to execute the judgment of the court. i. Execution is the legal remedy for the enforcement of judgment that is a power incident to e ery court and controlled by the court. 1. !"ontrolled by the court# $ the court which rendered judgment has a general super isory control o er its process of execution and this power carries with it the right to determine the questions of fact and law in ol ed in the execution %. "ourt must be gi e the chance to correct its ministerial errors a. &urisdiction to modify judgment ' terminates when the judgment becomes final b. judgment to enforce judgment ' continues after (Ej until )years from entry of judgment ii. *ow to quash the writ or stay it 1. When impro idently issued %. Defecti e in substance +. ,ssued against the wrong party -. &udgment debt has been paid ). ,ssued without authority .. "hange in situations ma/es it inequitable 0. "ontro ersy was not alidly submitted 1. 2aries the judgment 3. 4erms of judgment are not clear enough and there remains room for interpretation 15. When sought against properties exempt from execution Section 13. =roperty exempt from execution. 72cept as otherwise e2pressly provided by law% the following property% and no other% shall be e2empt from e2ecution>

;a< .he judgment obligorAs family home as provided by law, or the homestead in which he resides, and land necessarily used in connection therewith8 ;b< 6rdinary tools and implements personally used by him in his trade, employment, or livelihood8 ;c< .hree horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment obligor may select necessarily used by him in his ordinary occupation8 ;d< Bis necessary clothing and articles for ordinary personal use, e%cluding jewelry8 ;e< Bousehold furniture and utensils necessary for housekeeping, and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not e%ceeding one hundred thousand pesos8 ;f< +rovisions for individual or family use sufficient for four months8 ;g< .he professional libraries and e9uipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers, and other professionals, not e%ceeding three hundred thousand pesos in value8 ;h< 6ne fishing boat and accessories not e%ceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood8 ;i< !o much of the salaries, wages, or earnings of the judgment obligor for his personal services within the four months preceding the levy as are necessary for the support of his family8 ;j< :ettered gravestones8 ;k< &onies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance8 ;l< .he right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the 1overnment8 ;m< +roperties specially e%empted by lawC Dut no article or species of property mentioned in this section shall be e%empt from e%ecution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereonC ;12a< b. When6

Section 1. Execution upon ,udgments or final orders. 72ecution shall issue as a matter of right% or motion% upon a judgment or order that disposes of the action or proceeding upon the e2piration of the period to appeal therefrom if no appeal has been duly perfected. 1a! #f the appeal has been duly perfected and finally resolved% the e2ecution may forthwith be applied for in the court of origin% on motion of the judgment obligee% submitting therewith certified true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof% with notice to the adverse party. -he appellate court may% on motion in the same case% when the interest of justice so re.uires% direct the court of origin to issue the writ of e2ecution. n! %. Definition of 4erms a. (& ' if it disposes of the action .he concept of EfinalE judgment, as distinguished from one which has Ebecome finalE ;or Ee%ecutoryE as of right Ffinal and e%ecutoryG<, is definite and settledC / EfinalE judgment or order is one that finally disposes of a case, 12 leaving nothing more to be done by the 4ourt in respect thereto, eCgC, an adjudication on the merits which, on the basis of the evidence presented at the trial, declares categorir7ally what the rights and obligations of the parties are and which party is in the right8 or a judgment or order that dismisses an action on the ground, for instance, of res adjudicata or prescriptionC 6nce rendered, the task of the 4ourt is ended, as far as deciding the controversy or determining the rights and liabilities of the litigants is concernedC Nothing more remains to be done by the 4ourt e%cept to await the partiesA ne%t move ;which among others, may consist of the filing of a motion for new trial or reconsideration, or the taking of an appeal< and ultimately, of course, to cause the e%ecution of the judgment once it becomes EfinalE or, to use the established and more distinctive term, Efinal and e%ecutoryCE H H H ;/<n order or judgment is deemed final when it finally disposes of the pending action so that nothing more can be done with it in the trial courtC 2n other words, a final order is that which gives an end to the litigationC C C Ihen the order or judgment does not dispose of the case completely but leaves something to be done upon the merits, it is merely interlocutoryC 13 / final order or judgment finally disposes of, adjudicates, or determines the rights, or some right or right of the parties, either on the entire controversy or on some definite and separate branch thereof, and concludes them until it is reversed or set asideC C C Ihere no issue is left for future consideration, e%cept the fact or compliance or non7compliance with the terms of the judgment or order, such judgment or order is final and appealableC 14 4onversely, an order that does not finally dispose of the case, and does not end the 4ourtAs task of adjudicating the partiesA contentions and determining their rights and liabilities as regards each other, but obviously indicates that other things remain to be done by the 4ourt, is Einterlocutory,E eCgC, an order denying a motion to dismiss under Rule 1" of the Rules, or granting a motion for e%tension of time to file a pleading, or authoriJing amendment thereof, or granting or denying applications for postponement, or

production or inspection of documents or things, etcC Knlike a EfinalE judgment or order, which is appealable, as above pointed out, an EinterlocutoryE order may not be 9uestioned on appeal e%cept only as part of an appeal that may eventually be taken from the final judgment rendered in the caseC HH 6nly final judgments or orders shall be subject to appeal No interlocutory order shall stay the progress of an action, nor shall it be subject of appeal until final judgment is rendered for one party oranotherC 1 .he rule is founded on considerations of orderly procedure, to forestall useless appeals and avoid undue inconvenience to the appealing party by having to assail orders as they are promulgated by the court, when all such orders may be contested in a single appealC 1! Now, a Efinal judgmentE in the sense just described becomes final Eupon e%piration of the peirod to appeal therefrom if no appeal has been duly perfectedE 1" or, an appeal therefrom having been taken, the judgment of the appellate tribunal in turn becomes final and the records of the case are returned to the 4ourt of originC 1# .he EfinalE judgment is then correctly categoriJed as a Efinal and e%ecutory judgmentE in respect to which, as the law e%plicitly provides, Ee%ecution shall issue as a matter of rightCE 1$ 2t bears stressing that only a final judgment or order, iCeC, Ea judgment or order that finally disposes of the action of proceedingE 2% can become final and e%ecutoryC b. ,nterlocutory ' lea es something to be done with respect to the merits of the case7 refers to something between the commencement and end of the suit which declares some point or matter but is not the final decision of the whole contro ersy FEJ/ Executory i. When 1. if the period to appeal has expired and no appeal has been ta/en %. if the final judgment in appealed cases has been perfected and finally resol ed8 on motion8 attaching the judgment and of the entry thereof8 the appellate court on motion8 can direct the court of origin to issue the writ ii. Exceptions: 1. 9:; %. Ejectment +. E:< -. reinstatment ). ,njunction8 accounting8 recei ership

Section 4. 6udgments not stayed by appeal. +udgments in actions for injunction% receivership% accounting and support% and such other judgments as are now or may hereafter be declared to be immediately e2ecutory% shall be enforceable after their rendition and shall not% be stayed by an appeal ta:en therefrom% unless otherwise ordered by the trial court. On appeal therefrom% the appellate court in its discretion may ma:e an order suspending% modifying% restoring or granting the injunction% receivership% accounting% or award of support.

-he stay of e2ecution shall be upon such terms as to bond or otherwise as may be considered proper for the security or protection of the rights of the adverse party. 4a! iii. 4E94: D=E9 ,4 ;E<2E 9=>E4*,?@ 4= AE D=?E ,? 4*E 4B,<; "=CB4 W,4* BE9:E"4 4= 4*E >EB,49 =( 4*E "<9E6 i . Effect of (E&: execution is a matter of right and can be compelled by mandamus 1. Aut there must be 1st motion and notice because there might be de elopments that will alter the case %. Exception to the rule that (E& is a matter of right: judgment can be stayed when: a. 4here are subsequents facts and acts that renders the execution unjust in the higher interest of justice b. !Doctrine of 9uper ening facts and circumstances ' must relate to new matters which de eloped after the judgment has acquired finality7 matters which the parties were not aware of8 and could not ha e been aware of prior to or during the trial as they were not yet in existence at that time +. What can stop the execution6 a. <ppeals b. :etition for relief and when preliminary injunction has been granted c. ,ndependent action for annulment is filed and injunction is gi en to stay the enforcement d. < judgment has been dormant where the ) year period expired and there is no re i al of action -. :artial Execution a. When a portion of one single judgment is not the subject of the appeal b. ,f portion is separable and distinc from other portions c. When such portion needs no further proceedings and has acquired finality d. When a decision contains separate findings for each of the parties and ma/es distinct rulings for each of them E!A "#$cret#o%&ry execut#o% 9ection %. Discretionary execution. a! Execution of a ,udgment or final order pending appeal. On motion of the prevailing party with 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 of the filing of such motion% said court may% in its discretion% order e2ecution of a judgment or final order even before the e2piration of the period to appeal. After the trial court has lost jurisdiction the motion for e2ecution pending appeal may be filed in the appellate court. 0iscretionary e2ecution may only issue upon good reasons to be stated in a special order after due hearing.

b! Execution of several% separate or partial ,udgments. A several% separate or partial judgment may be e2ecuted under the same terms and conditions as e2ecution of a judgment or final order pending appeal. "a! Section 3. .tay of discretionary execution. 0iscretionary e2ecution issued under the preceding section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the party against whom it is directed% conditioned upon the performance of the judgment or order allowed to be e2ecuted in case it shall be finally sustained in whole or in part. -he bond thus given may be proceeded against on motion with notice to the surety. )a ! 1. Bequirements on E:< a. >otion must be filed while court has jurisdiction i. E en if after expiration of appeal or record on appeal has been appro ed b. 4here must be good reasons for issuing execution i. !good reasonsD ' must constitute superior circumstances demanding urgency to outweigh the injury or damage a. ,.e. danger of losing property because of dilatory tactics i. ?ote howe er that it is not proper for the trial court to find that an appeal is fri olous as such belongs to the court of appeals b. Detoriation of commodities c. <d ance age %. rules a. strictly construed against the mo ant b. discretionary c. 4he good reasons are stated in the order %. Bemedy on E:< a. "ertiorari +. *ow to stay E:< a. :ost a bond but such is not automatic7 there must be good reasons '( Dor)&%t Execut#o% EMI Section 6. Execution by motion or by independent action. A final and e2ecutory judgment or order may be e2ecuted on motion within five B! years from the date of its entry. After the lapse of such time% and before it is barred by the statute of limitations% a judgment may be enforced by action. -he revived judgment may also be enforced by motion within five B! years from the date of its entry and thereafter by action before it is barred by the statute of limitations. Ca! 1. @B: Execution must be within )y a. <fter )y8 enjorcement of judgment is reduced to a mere right of action

b. < judgment obligee should file an action to BE2,2E 4*E &udgment within 15y from the date of the original judgment becomes final i. but there are some interruptions i.e. agreement of the parties ii. Defenses 1. rules on enue %. defenses not on the merits of the case except lac/ of jurisdiction 3( To *+o) #$ t+e *r#t #$$ue", a. @B: only the real parties in interest in the case can be bound by the writ7 but with many exceptions i.e. pri y to the contract8 corporate fiction b. Bules on 9urety &ection 4!' When principal bound by judgment against suretyC Ihen a judgment is rendered against a party who stands as surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the suretyAs re9uest to join in the defenseC ;@$a<

I$$u&%ce, -or)$ &%" co%te%t$ o- *r#t o- execut#o%


Section 8. ;ssuance% form and contents of a writ of execution. -he writ of e2ecution shall> 1! issue in the name of the 5epublic of the Philippines from the court which granted the motionF "! state the name of the court% the case number and title% the dispositive part of the subject judgment or orderF and )! re.uire the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms% in the manner hereinafter provided> a! #f the e2ecution be against the property of the judgment obligor% to satisfy the judgment% with interest% out of the real or personal property of such judgment obligorF b! #f 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 propertyF c! #f it be for the sale of real or personal property to sell such property describing it% and apply the proceeds in conformity with the judgment% the material parts of which shall be recited in the writ of e2ecutionF d! #f it be for the delivery of the possession of real or personal property% to deliver the possession of the same% describing it% to the party entitled thereto% and to satisfy any costs% damages% rents% or profits covered by the judgment out of the personal property of the

person against whom it was rendered% and if sufficient personal property cannot be found% then out of the real propertyF and e! #n all cases% the writ of e2ecution shall specifically state the amount of the interest% costs% damages% rents% or profits due as of the date of the issuance of the writ% aside from the principal obligation under the judgment. 6or this purpose% the motion for e2ecution shall specify the amounts of the foregoing reliefs sought by the movant. Ea!

S&t#$-&ct#o% o- Ju".)e%t
a. 9ee 9pecial &udgment b. @eneral =ptions i. :ayment &ection 3$' Obligor may pay execution against obligeeC /fter a writ of e%ecution against property has been issued, a person indebted to the judgment obligor may pay to the sheriff holding the writ of e%ecution the amount of his debt or so much thereof as may be necessary to satisfy the judgment, in the manner prescribed in section L of this Rule, and the sheriffAs receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment obligee on the e%ecutionC ;@1a< ii. ;e y Ereal property and interest and right for reimbursementF &ection 4%' Order for application of property and income to satisfaction of judgmentC .he court may order any property of the judgment obligor, or money due him, not e%empt from e%ecution, in the hands of either himself or another person, or of a corporation or other juridical entity, to be applied to the satisfaction of the judgment, subject to any prior rights over such propertyC 2f, upon investigation of his current income and e%penses, it appears that the earnings of the judgment obligor for his personal services are more than necessary for the support of his family, the court may order that he pay the judgment in fi%ed monthly installments, and upon his failure to pay any such installment when due without good e%cuse, may punish him for indirect contemptC ;@2a< &ection 42' Sale of ascertainable interest of judgment obligor in real estateC 2f it appears that the judgment obligor has an interest in real estate in the place in which proceedings are had, as mortgagor or mortgagee or other7 wise, and his interest therein can be ascertained without controversy the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein8 and such sale shall be conducted in all respects in the same manner as is provided for the sale of real state upon e%ecution, and the proceedings thereon shall be approved by the court before the e%ecution of the deedC ;3@a< c. !Becei ershipD &ection 41' Appointment of receiverC .he court may appoint a receiver of the property of the judgment obligor8 and it may also forbid a transfer or other disposition of,

or any interference with, the property of the judgment obligor not e%empt from e%ecutionC ;@3a<

Retur% o- /r#t o- Execut#o% 0A-ter execut#o%1


&ection 14' Return of writ of executionC .he writ of e%ecution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in fullC 2f the judgment cannot be satisfied in full within thirty ;3,< days after his receipt of the writ, the officer shall report to the court and state the reason thereforC !uch writ shall continue in effect during the period within which the judgment may be enforced by motionC .he officer shall make a report to the court every thirty ;3,< days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity e%piresC .he returns or periodic reports shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the partiesC ;11a< 1C (%aminations &ection 3!' Examination of judgment obligor when judgment unsatisfiedC Ihen the return of a writ of e%ecution issued against property of a judgment obligor, or any one of several obligors in the same judgment, shows that the judgment remains unsatisfied, in whole or in part, the judgment obligee, at any time after such return is made, shall be entitled to an order from the court which rendered the said judgment, re9uiring such judgment obligor to appear and be e%amined concerning his property and income before such court or before a commissioner appointed by it at a specified time and place8 and proceedings may thereupon be had for the application of the property and income of the judgment obligor towards the satisfaction of the judgmentC Dut no judgment obligor shall be so re9uired to appear before a court or commissioner outside the province or city in which such obligor resides or is foundC ;3$a< &ection 3"' Examination of obligor of judgment obligorC Ihen the return of a writ of e%ecution against the property of a judgment obligor shows that the judgment remain unsatisfied, in whole or in part, and upon proof to the satisfaction of the court which issued the writ, that a person, corporation, or other juridical entity has property of such judgment obligor or is indebted to him, the court may, by an order, re9uire such person, corporation, or other juridical entity, or any officer, or member thereof, to appear before the court or a commissioner appointed by it, at a time and place within the province or city where such debtor resides or is found, and be e%amined concerning the sameC .he service of the order shall bind all credits due the judgment obligor and all money and property of the judgment obligor in the possession or in the control of such person corporation, or juridical entity from the time of service8 and the court may also re9uire notice of such proceedings to be given to any party to the action in such manner as it may deem properC ;3La<

2C Bow enforced

&ection 3#' Enforcement of attendance and conduct of examinationC / party or other person may be compelled, by an order or subpoena, to attend before the court or commissioner to testify as provided in the two preceding sections, and upon failure to obey such order or subpoena or to be sworn, or to answer as a witness or to subscribe his deposition, may be punished for contempt as in other casesC (%aminations shall not be unduly prolonged, but the proceedings may be adjourned from time to time, until they are completedC 2f the e%amination is before a commissioner, he must take it in writing and certify it to the courtC /ll e%aminations and answers before a court commissioner must be under oath, and when a corporation or other juridical entity answers, it must be on the oath of an authoriJed officer or agent thereofC ;@,a<

I- Ju".)e%t #$ Re2er$e"
Section 5. Effect of reversal of executed ,udgment. Where the e2ecuted judgment is reversed totally or partially% or annulled% on appeal or otherwise% the trial court may% on motion% issue such orders of restitution or reparation of damages as e.uity and justice may warrant under the circumstances. Ba! 1. >ain effect of re ersal: restitution a. Aut if there be buyer in gf8 just return the alue %. *ow to effect restitution a. Beturn the property with damages b. Elect to affirm the sale ad recei e the proceeds

E%try o- S&t#$-&ct#o% o- Ju".)e%t


&ection 44' Entry of satisfaction of judgment by clerk of courtC !atisfaction of a judgment shall be entered by the clerk of court in the court docket, and in the e%ecution book, upon the return of a writ of e%ecution showing the full satisfaction of the judgment, or upon the filing of an admission to the satisfaction of the judgment e%ecuted and acknowledged in the same manner as a conveyance of real property by the judgment obligee or by his counsel unless a revocation of his authority is filed, or upon the endorsement of such admission by the judgment obligee or his counsel, on the face of the record of the judgmentC ;@"a< 'ay be made when a. Gpon return of an e2ecution satisfied b. Gpon filing of admission of lawyer that judgment has been e2ecuted c. Gpon the indorsement of = on record of judgment &ection 4 ' Entry of satisfaction with or without admissionC Ihenever a judgment is satisfied in fact, or otherwise than upon an e%ecution on demand of the judgment obligor, the judgment obligee or his counsel must e%ecute and acknowledge, or indorse an admission of the satisfaction as provided in the last preceding section, and after

notice and upon motion the court may order either the judgment obligee or his counsel to do so, or may order the entry of satisfaction to be made without such admissionC ;@#a<

E--ect$ o- Ju".)e%t
&ection 4"' Effect of judgments or final ordersC .he effect of a judgment or final order rendered by a court of the +hilippines, having jurisdiction to pronounce the judgment or final order, may be as follows) ;a< 2n case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or his relationship to another, the judgment or final order is conclusive upon the title to the thing, the will or administration or the condition, status or relationship of the person, however, the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate8 ;b< 2n other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto, conclusive between the parties and their successors in interest, by title subse9uent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity8 and ;c< 2n any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary theretoC ;@La< &ection 4#' Effect of foreign judgments or final ordersC .he effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows) ;a< 2n case of a judgment or final order upon a specific thing, the judgment or final order, is conclusive upon the title to the thing, and ;b< 2n case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subse9uent titleC 2n either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or factC ;5,a<

S!ECIAL Ju".)e%t$ 3 S!ECIAL Co%$#"er&t#o%$


(,B94: DE<D9 Section 7. Execution in case of death of party. #n case of the death of a party% e2ecution may issue or be enforced in the following manner> a! #n case of the death of the judgment obligee% upon the application of his e2ecutor or administrator% or successor in interestF b! #n case of the death of the judgment obligor% against his e2ecutor or administrator or successor in interest% if the judgment be for the recovery of real or personal property% or the enforcement of a lien thereonF c! #n case of the death of the judgment obligor% after e2ecution is actually levied upon any of his property% the same may be sold for the satisfaction of the judgment obligation% and the officer ma:ing the sale shall account to the corresponding e2ecutor or administrator for any surplus in his hands. Da! 1. <fter entry of judgment and judgment debtor dies8 execution depends on nature of judgment a. Beal or personal property or enforcement of lien ' execution is against executor or administrator b. (or >oney judgment ' as a claim in special proceedings c. <fter le y ' sale proceeds regardless of whether or not it is a money judgment 9E"=?D: >=?EG &udgment

Section 9. Execution of ,udgments for money% how enforced. a! ;mmediate payment on demand. -he officer shall enforce an e2ecution of a judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of e2ecution and all lawful fees. -he judgment obligor shall pay in cash% certified ban: chec: payable to the judgment obligee% or any other form of payment acceptable to the latter% the amount of the judgment debt under proper receipt directly to the judgment obligee or his authori(ed representative if present at the time of payment. -he lawful fees shall be handed under proper receipt to the e2ecuting sheriff who shall turn over the said amount within the same day to the cler: of court of the court that issued the writ. #f the judgment obligee or his authori(ed representative is not present to receive payment% the judgment obligor shall deliver the aforesaid payment to the e2ecuting sheriff. -he

latter shall turn over all the amounts coming into his possession within the same day to the cler: of court of the court that issued the writ% or if the same is not practicable% deposit said amounts to a fiduciary account in the nearest government depository ban: of the 5egional -rial Court of the locality. -he cler: of said court shall thereafter arrange for the remittance of the deposit to the account of the court that issued the writ whose cler: of court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. -he e2cess% if any% shall be delivered to the judgment obligor while the lawful fees shall be retained by the cler: of court for disposition as provided by law. #n no case shall the e2ecuting sheriff demand that any payment by chec: be made payable to him. b! .atisfaction by levy. #f the judgment obligor cannot pay all or part of the obligation in cash% certified ban: chec: or other mode of payment acceptable to the judgment obligee% the officer shall levy upon the properties of the judgment obligor of every :ind and nature whatsoever which may be disposed% of for value and not otherwise e2empt from e2ecution giving the latter the option to immediately choose which property or part thereof may be levied upon% sufficient to satisfy the judgment. #f the judgment obligor does not e2ercise the 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. -he sheriff shall sell only a sufficient portion of the personal or real property of the judgment obligor which has been levied upon. When there is more property of the judgment obligor than is sufficient to satisfy the judgment and lawful fees% he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees. 5eal property% stoc:s% shares% debts% credits% and other personal property% or any interest in either real or personal property% may be levied upon in li:e manner and with li:e effect as under a writ of attachment. c! >arnishment of debts and credits. -he officer may levy on debts due the judgment obligor and other credits% including ban: deposits% financial interests% royalties% commissions and other personal property not capable of manual delivery in the possession or control of third parties. ?evy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. -he garnishment shall cover only such amount as will satisfy the judgment and all lawful fees. -he garnishee shall ma:e a written report to the court within five B! days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. #f not% the report shall state how much funds or credits the garnishee holds for the judgment obligor. -he garnished amount in cash% or certified ban: chec: issued in the name of the judgment obligee% shall be delivered directly to the judgment obligee within ten 11! wor:ing days from service of notice on said garnishee re.uiring such delivery% e2cept the lawful fees which shall be paid directly to the court.

#n the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment% the judgment obligor% if available% shall have the right to indicate the garnishee or garnishees who shall be re.uired to deliver the amount due% otherwise% the choice shall be made by the judgment obligee. -he e2ecuting sheriff shall observe the same procedure under paragraph a! with respect to delivery of payment to the judgment obligee. Ea% 1Ba! 1. 9alient (eatures a. 4here must first be a demand of payment b. "ash8 certified ban/ chec/ or other form acceptable to the latter is permitted c. <mount be payable to judgment oblige or authorized representati e d. ;awful fees shall be handed under proper receipt to executing sheriff %. ;e y a. Definition: a mode of satisfaction of judgment where an act by which a sheriff sets apart or appropriates for the purpose of satisfying the command of the writ8 a part or the whole of judgment debtor#s property and ta/en into custody of the law which reduces the interest of the judgment debtor for the application to the judgment7 it can be done only when the judgment obligor cannot pay all or part of the obligation in cash8 chec/ or other mode of payment acceptable to the judgment obligee b. *ow6 Bead :reliminary <ttachment8 Bule )0 i. Hey: the judgment debtor must not be in control or possession of property anymore ii. < proper le y is indispensable to a alid sale on execution 1. the first proper le y is prioritized than second le y c. >anner of ma/ing le y i. ;e y as a mode of satisfaction of the judgment may be done only if the judgment obligor cannot pay all or par tin the form accepted by the creditor of the obligation to the judgment obligee d. Effect of ;e y when executed to +p Section 12. Effect of levy on execution as to third person. -he levy on e2ecution shall create a lien in favor of the judgment obligee over the right% title and interest of the judgment obligor in such property at the time of the levy% subject to liens and encumbrances then e2isting. 1Ca!

+. @arnishment a. Definition: i. a series of attachment for reaching credits belonging to the judgment debtor and owing to him from a stranger to the litigation

ii. < warning to a person ha ing in possession of property or credits of the judgment debtor not to pay the property or money to the judgment debtor but rather to appear and answer the plaintiff#s suit 1. ?o need for summons7 need not be impleaded %. 4here is jurisdiction to him as he becomes a forced inter enor and the property is brought in custodia legis b. >anner of ma/ing garnishment i. Done only on properties not capable of manual deli ery in the possession or control of third arties ii. < written report must be made iii. 4he garnished amount must be gi en to judgment oblige in 15d from notice requiring deli ery from garnishee i . 4he judgment obligor shall ha e the right to indicate the garnishees Eif there are % or moreF to pay the amount due c. Effect of @arnisment i. :roperty is brought in custodial egis ii. 4he +p is warned not to dispose of the property -. "onsignation a. 9ince the need comes from a judgment8 no need for consignatin b. 9o long as there is payment8 court can order satisfaction of judgment be entered 4*,BD: 9:E",(," <"49

Section 10. Execution of ,udgments for specific act. a! Conveyance% delivery of deeds% or other specific actsF vesting title. #f a judgment directs a party to e2ecute a conveyance of land or personal property% or to deliver deeds or other documents% or to perform% any other specific act in connection therewith% and the

party fails to comply within the time specified% 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 li:e effect as if done by the party. #f real or personal property is situated within the Philippines% the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others% which shall have the force and effect of a conveyance e2ecuted in due form of law. 11a! c! Delivery or restitution of real property. -he officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property within three )! wor:ing days% and restore possession thereof to the judgment obligee% otherwise% the officer shall oust all such persons therefrom with the assistance% if necessary% of appropriate peace officers% and employing such means as may be reasonably necessary to reta:e possession% and place the judgment obligee in possession of such property. Any costs% damages% rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money. 1)a! d! "emoval of improvements on property sub,ect of execution . When the property subject of the e2ecution contains improvements constructed or planted by the judgment obligor or his agent% the officer shall not destroy% demolish or remove said improvements e2cept upon special order of the court% issued upon motion of the judgment obligee after the hearing and after the former has failed to remove the same within a reasonable time fi2ed by the court. 14a! 1. 5e.uirements before demolition order can be issued a. 'otion b. *otice to AP c. ,earing d. 8pecial Order e. 5easonable time to remove improvements f. /can even as: for proceedings supplementary to e2ecution i.e. motion for ejectment of all occupants

e! Delivery of personal property. #n judgment for the delivery of personal property% the officer shall ta:e possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided. Ea! b! .ale of real or personal property. #f the judgment be for the sale of real or personal property% to sell such property% describing it% and apply the proceeds in conformity with the judgment. ETcUa! 1. -hree :inds of sale of real property a. Ordinary e2ecution sale $ right of the judgment debtor or redemptioner is only to redeem

b. +udicial foreclosure sale $ there is generally no right to redeem but only e.uity of redemption before confirmation of sale c. 72trajudicial foreclosure sale $ there is a right to redeem within 1y ". Will not ensue when> &ection 1#' o sale if judgment and costs paidC /t any time before the sale of property on e%ecution, the judgment obligor may prevent the sale by paying the amount re9uired by the e%ecution and the costs that have been incurred thereinC ;2,a< ). -here must be proper levy 4. -here is a need for notice of sale of property on e2ecutionF else voidF unless purchaser is a )p without collusion &ection 1 ' otice of sale of property on executionC Defore the sale of property on e%ecution, notice thereof must be given as follows) ;a< 2n case of perishable property, by posting written notice of the time and place of the sale in three ;3< public places, preferably in conspicuous areas of the municipal or city hall, post office and public market in the municipality or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property8 ;b< 2n case of other personal property, by posting a similar notice in the three ;3< public places above7mentioned for not less than five ;5< days8 ;c< 2n case of real property, by posting for twenty ;2,< days in the three ;3< public places abovementioned a similar notice particularly describing the property and stating where the property is to be sold, and if the assessed value of the property e%ceeds fifty thousand ;+5,,,,,C,,< pesos, by publishing a copy of the notice once a week for two ;2< consecutive weeks in one newspaper selected by raffle, whether in (nglish, 3ilipino, or any major regional language published, edited and circulated or, in the absence thereof, having general circulation in the province or city8 ;d< 2n all cases, written notice of the sale shall be given to the judgment obligor, at least three ;3< days before the sale, e%cept as provided in paragraph ;a< hereof where notice shall be given the same manner as personal service of pleadings and other papers as provided by section " of Rule 13C .he notice shall specify the place, date and e%act time of the sale which should not be earlier than nine oAclock in the morning and not later than two oAclock in the afternoonC .he place of the sale may be agreed upon by the partiesC 2n the absence of such agreement, the sale of the property or personal property not capable of manual delivery shall be held in the office of the clerk of court of the Regional .rial 4ourt or the &unicipal .rial 4ourt which issued the writ of or which was designated by the appellate courtC 2n the case of personal property capable of manual delivery, the sale shall be held in the place where the property is locatedC ;1$a<

B. Penalty for selling without notice &ection 1"' !enalty for selling without notice, or removing or defacing noticeC /n officer selling without the notice prescribed by section 15 of this Rule shall be liable to pay punitive damages in the amount of five thousand ;+5,,,,C,,< pesos to any person injured thereby, in addition to his actual damages, both to be recovered by motion in the same action8 and a person willfully removing or defacing the notice posted, if done before the sale, or before the satisfaction of the judgment if it be satisfied before the sale, shall be liable to pay five thousand ;+5,,,,C,,< pesos to any person injured by reason thereof, in addition to his actual damages, to be recovered by motion in the same actionC ;1La< C. Procedure on selling property &ection 1$' "ow property sold on execution8 who may direct manner and order of saleC /ll sales of property under e%ecution must be made at public auction, to the highest bidder, to start at the e%act time fi%ed in the noticeC /fter sufficient property has been sold to satisfy the e%ecution, no more shall be sold and any e%cess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authoriJed representative, unless otherwise directed by the judgment or order of the courtC Ihen the sale is of real property, consisting of several known lots, they must be sold separately8 or, when a portion of such real property is claimed by a third person, he may re9uire it to be sold separatelyC Ihen the sale is of personal property capable of manual delivery, it must be sold within view of those attending the same and in such parcels as are likely to bring the highest priceC .he judgment obligor, if present at the sale, may direct the order in which property, real or personal shall be sold, when such property consists of several known lots or parcels which can be sold to advantage separatelyC Neither the officer conducting the e%ecution sale, nor his deputies, can become a purchaser, nor be interested directly or indirectly in any purchase at such saleC ;21a< &ection 2%' Refusal of purchaser to payC 2f a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under e%ecution, the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby8 but the court may order the refusing purchaser to pay into the court the amount of such loss, with costs, and may punish him for contempt if he disobeys the orderC .he amount of such payment shall be for the benefit of the person entitled to the proceeds of the e%ecution, unless the e%ecution has been fully satisfied, in which event such proceeds shall be for the benefit of the judgment obligorC .he officer may thereafter reject any subse9uent bid of such purchaser who refuses to payC ;22a< &ection 21' #udgment obligee as purchaserC Ihen the purchaser is the judgment obligee, and no third7party claim has been filed, he need not pay the amount of the bid if it does not e%ceed the amount of his judgmentC 2f it does, he shall pay only the e%cessC ;23a< &ection 22' Adjournment of saleC Dy written consent of the judgment obligor and obligee, or their duly authoriJed representatives, the officer may adjourn the sale to any date and time agreed upon by themC Iithout such agreement, he may adjourn the sale from day to day if it becomes necessary to do so for lack of time to complete the sale on the day fi%ed in the notice or the day to which it was adjournedC ;2@a<

&ection 23' $onveyance to purchaser of personal property capable of manual deliveryC Ihen the purchaser of any personal property, capable of manual delivery, pays the purchase price, the officer making the sale must deliver the property to the purchaser and, if desired, e%ecute and deliver to him a certificate of saleC .he sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on e%ecution or preliminary attachmentC ;25a< &ection 24' $onveyance to purchaser of personal property not capable of manual deliveryC Ihen the purchaser of any personal property, not capable of manual delivery, pays the purchase price, the officer making the sale must e%ecute and deliver to the purchaser a certificate of saleC !uch certificate conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on e%ecution or preliminary attachmentC ;2"a< &ection 2 ' $onveyance of real property8 certificate thereof given to purchaser and filed with registry of deedsC Kpon a sale of real property, the officer must give to the purchaser a certificate of sale containing) ;a< / particular description of the real property sold8 ;b< .he price paid for each distinct lot or parcel8 ;c< .he whole price paid by him8 ;d< / statement that the right of redemption e%pires one ;1< year from the date of the registration of the certificate of saleC !uch certificate must be registered in the registry of deeds of the place where the property is situatedC ;2# a< &ection 2!' $ertificate of sale where property claimed by third personC Ihen a property sold by virtue of a writ of e%ecution has been claimed by a third person, the certificate of sale to be issued by the sheriff pursuant to sections 23, 2@ and 25 of this Rule shall make e%press mention of the e%istence of such third7party claimC ;2$a< &ection 34' Recovery of price if sale not effective8 revival of judgmentC 2f the purchaser of real property sold on e%ecution, or his successor in interest, fails to recover the possession thereof, or is evicted therefrom, in conse9uence of irregularities in the proceedings concerning the sale, or because the judgment has been reversed or set aside, or because the property sold was e%empt from e%ecution, or because a third person has vindicated his claim to the property, he may on motion in the same action or in a separate action recover from the judgment obligee the price paid, with interest, or so much thereof as has not been delivered to the judgment obligor, or he may, on motion, have the original judgment revived in his name for the whole price with interest, or so much thereof as has been delivered to the judgment obligorC .he judgment so revived shall have the same force and effect as an original judgment would have as of the date of the revival and no moreC ;3"a< &ection 3 ' Right to contribution or reimbursementC Ihen property liable to an e%ecution against several persons is sold thereon, and more than a due proportion of the

judgment is satisfied out of the proceeds of the sale of the property of one of them, or one of them pays, without a sale, more than his proportion, he may compel a contribution from the others8 and when a judgment is upon an obligation of one of them, as security for another, and the surety pays the amount, or any part thereof, either by sale of his property or before sale, he may compel repayment from the principalC ;3#a< 1. <n auction sale is mandatory a. Debtor has right to select b. >achining of auction is oid c. ,nadequacy will not nullify the sale unless shoc/ing d. ,rregularity of sale must be promptly objected to e. ?ote that there are prohibited buyers under 1-31: guardians8 agents8 administrators8 public officers8 judges etc

2C Rules aC 4onfirmation of the sale is not needed unlike judicial foreclosure of mortgage bC .here must be registration ;mandatory< for purposes of the redemption period ;counted from date of registration of sale< 3C (ffect of !ale aC 2t is only upon e%ecution and delivery of final deed that there is a substitution of rights bC Note that the judgment creditor cannot ac9uire anything if the judgment debtor transferred the right to another person @C Re9uisites before recovery of price can be had if sale is not effective or that there is revival of judgment aC .he purchaser fails to recover possession bC 2s evicted therefrom cC .here are irregularities in the sale dC *udgment has been reversed eC +roperty is e%empt from e%ecution fC / 3p has vindicated his claim

gC Hdo this through motion in original or separate action

BEDE>:4,=? BC;E9 &ection 2"' Who may redeem real property so soldC Real property sold as provided in the last preceding section, or any part thereof sold separately, may be redeemed in the manner hereinafter provided, by the following persons) ;a< .he judgment obligor8 or his successor in interest in the whole or any part of the property8 ;b< / creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on some part thereof, subse9uent to the lien under which the property was soldC !uch redeeming creditor is termed a redemptionerC ;2La< &ection 2#' %ime and manner of& and amounts payable on, successive redemptions8 notice to be given and filedC .he judgment obligor, or redemptioner, may redeem the property from the purchaser, at any time within one ;1< year from the date of the registration of the certificate of sale, by paying the purchaser the amount of his purchase, with the per centum per month interest thereon in addition, up to the time of redemption, together with the amount of any assessments or ta%es which the purchaser may have paid thereon after purchase, and interest on such last named amount at the same rate8 and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such other lien, with interestC +roperty so redeemed may again be redeemed within si%ty ;",< days after the last redemption upon payment of the sum paid on the last redemption, with two per centum thereon in addition and the amount of any assessments or ta%es which the last redemptioner may have paid thereon after redemption by him, with interest on such last named amount, and in addition, the amount of any liens held by said last redemptioner prior to his own, with interestC .he property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within si%ty ;",< days after the last redemption, on paying the sum paid on the last previous redemption, with two per centum thereon in addition, and the amounts of any assessments or ta%es which the last previous redemptioner paid after the redemption thereon, with interest thereon, and the amount of any liens held by the last redemptioner prior to his own, with interestC Iritten notice of any redemption must be given to the officer who made the sale and a duplicate filed with the registry of deeds of the place, and if any assessments or ta%es are paid by the redemptioner or if he has or ac9uires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the officer and filed with the registry of deeds8 if such notice be not filed, the property may be redeemed without paying such assessments, ta%es, or liensC ;3,a< &ection 2$' Effect of redemption by judgment obligor, and a certificate to be delivered and recorded thereupon8 to whom payments on redemption madeC 2f the judgment

obligor redeems he must make the same payments as are re9uired to effect a redemption by a redemptioner, whereupon, no further redemption shall be allowed and he is restored to his estateC .he person to whom the redemption payment is made must e%ecute and deliver to him a certificate of redemption acknowledged before a notary public or other officer authoriJed to take acknowledgments of conveyances of real propertyC !uch certificate must be filed and recorded in the registry of deeds of the place in which the property is situated and the registrar of deeds must note the record thereof on the margin of the record of the certificate of saleC .he payments mentioned in this and the last preceding sections may be made to the purchaser or redemptioner, or for him to the officer who made the saleC ;31a< &ection 3%' !roof re'uired of redemptionerC / redemptioner must produce to the officer, or person from whom he seeks to redeem, and serve with his notice to the officer a copy of the judgment or final order under which he claims the right to redeem, certified by the clerk of the court wherein the judgment or final order is entered, or, if he redeems upon a mortgage or other lien, a memorandum of the record thereof, certified by the registrar of deeds, or an original or certified copy of any assignment necessary to establish his claim8 and an affidavit e%ecuted by him or his agent, showing the amount then actually due on the lienC ;32a< &ection 31' (anner of using premises pending redemption8 waste restrainedC Kntil the e%piration of the time allowed for redemption, the court may, as in other proper cases, restrain the commission of waste on the property by injunction, on the application of the purchaser or the judgment obligee, with or without notice8 but it is not waste for a person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used, or to use it in the ordinary course of husbandry8 or to make the necessary repairs to buildings thereon while he occupies the propertyC ;33a< &ection 32' Rents, earnings and income of property pending redemptionC .he purchaser or a redemptioner shall not be entitled to receive the rents, earnings and income of the property sold on e%ecution, or the value of the use and occupation thereof when such property is in the possession of a tenantC /ll rents, earnings and income derived from the property pending redemption shall belong to the judgment obligor until the e%piration of his period of redemptionC ;3@a< &ection 33' )eed and possession to be given at expiration of redemption period8 by whom executed or givenC 2f no redemption be made within one ;1< year from the date of the registration of the certificate of sale, the purchaser is entitled to a conveyance and possession of the property8 or, if so redeemed whenever si%ty ;",< days have elapsed and no other redemption has been made, and notice thereof given, and the time for redemption has e%pired, the last redemptioner is entitled to the conveyance and possession8 but in all cases the judgment obligor shall have the entire period of one ;1< year from the date of the registration of the sale to redeem the propertyC .he deed shall be e%ecuted by the officer making the sale or by his successor in office, and in the latter case shall have the same validity as though the officer making the sale had continued in office and e%ecuted itC

Kpon the e%piration of the right of redemption, the purchaser or redemptioner shall be substituted to and ac9uire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the levyC .he possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party adversely to the judgment obligorC ;35a< 1C Iho may Redeem aC *udgment 'ebtor iC 4an redeem in 1yr from registration of saleH iiC Hthe periods are not tolled by actions? cases of ownership? claim of financial hardship bC Redemptioner iC / creditor having a lien by attachment, judgment or mortgage on the property sold subse9uent to the judgment under which the property is sold iiC 4an redeem only in ",d cC !uccessor in interest iC .o whom conveyance was made iiC .ransferred his right of redemption iiiC /ccedes by operation of law ivC Iife? attorney dC N2( iC !urety 2C .his legal redemption can be converted by the parties to conventional redemption under a contract?stipulationC 3C /mounts to be paid aC +urchase price with 1M monthly interest bC /ssessment and ta%es with 1M interest cC /mount of prior lien @C .here must be both offering and tendering which should be simultaneous to effect redemption

5C (ffect of Redemption aC 2t does not wipe out prior obligation bC NIhat is actually effected is not recovery of ownership which he never lost but the elimination from his title thereto of the lien created by levy on attachment or judgmentOC .here is no new title but a restoration of title freed from encumbrance (=CB4*: 9:E",<; &udgment Section 11. Execution of special ,udgments. When a judgment re.uires the performance of any act other than those mentioned in the two preceding sections% a certified copy of the judgment shall be attached to the writ of e2ecution and shall be served by the officer upon the party against whom the same is rendered% or upon any other person re.uired thereby% or by law% to obey the same% and such party or person may be punished for contempt if he disobeys such judgment. Ja! 1. Definition of 9pecial judgment ' that which requires the performance of any other act than the payment of money or for sale or deli ery of real or personal property a. ,.e. i. &udgment in mandamus to reinstate petitioner as clinic chief

/+e% t+ere #$ & 3!4


&ection 1!' !roceedings where property claimed by third personC 2f the property levied on is claimed by any person other than the judgment obligor or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and copy thereof, stating the grounds of such right or tittle, and a serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to indemnity the third7party claimant in a sum not less than the value of the property levied onC 2n case of disagreement as to such value, the same shall be determined by the court issuing the writ of e%ecutionC No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty ;12,< days from the date of the filing of the bondC .he officer shall not be liable for damages for the taking or keeping of the property, to any third7party claimant if such bond is filedC Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property in a separate action, or prevent the judgment obligee from claiming damages in the same or a separate action against a third7party claimant who filed a frivolous or plainly spurious claimC Ihen the writ of e%ecution is issued in favor of the Republic of the +hilippines, or any officer duly representing it, the filing of such bond shall not be re9uired, and in case the

sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the !olicitor 1eneral and if held liable therefor, the actual damages adjudged by the court shall be paid by the National .reasurer out of such funds as may be appropriated for the purposeC ;1#a< 1. 9alient :oints of 4erceria E9ec 1.F a. 4he purpose of the bond is to indemnify the +p Enot the sheriffF b. 4he bond amount is not less than the le ied property c. 9heriff is not liable for damages if the bond is filed d. 4he +p may indicate claim in separate proper action because inter ention is not required i. =ther actions a ailable 1. to determine wIn sheriff has acted rightly in performance of duties %. these remedies are cumulati e a. not res judicata7 can still file rei indicatory action %. +:#s requirements a. "laim is filed prior sale b. Cnder oath with affida it c. 9er ed to officer and a copy of it with judgment creditor &ection 43 ' !roceedings when indebtedness denied or another person claims the propertyC 2f it appears that a person or corporation, alleged to have property of the judgment obligor or to be indebted to him, claims an interest in the property adverse to him or denied the debt, the court may authoriJe, by an order made to that effect, the judgment obligee to institute an action against such person or corporation for the recovery of such interest or debt, forbid a transfer or other disposition of such interest or debt within one hundred twenty ;12,< days from notice of the order, and may punish disobedience of such order as for contemptC !uch order may be modified or vacated at any time by the court which issued it, or by the court in which the action is brought, upon such terms as may be justC ;@5a<

APP7A?8
#. Concept

##.

###.

a. Appeals are only statutory privileges note% not constitutional right and can thus be lost! and may only be e2ercised in manner and in accordance to lawF failing to do so% the right to appeal is lost. i. ,ence% if allowed by law% ordinary appeal is a matter of right ii. =ut once granted% it should be liberally applied. b. #t is a Vguard against judgments of uns:illed and unfair judges9 c. #t is a Vprevention as much as correction of mista:es9 i. ,ence% it is a remedy to review judgments of inferior courts 1. *ote> if you need review% you appealF not certiorari a. 72cept when appeal would not be a speedy and ade.uate remedy i.e. writ of immediate e2ecution! Who may appeal a. @5> Parties to the case i. 72ception> non parties can appeal i.e. surety on a bond for immediate e2ecution b. Only those who appealed benefits i. Gnless there is a community of interest i.e. solidary obligations! c. Appeal is only once as a matter of rightF and second appeal is discretionary What are appealable a. 8ubject to Appeal> final judgments only i. -est> do they completely dispose of the case? Section 1. .ub,ect of appeal. An appeal may be ta:en from a judgment or final order that completely disposes of the case% or of a particular matter therein when declared by these 5ules to be appealable.! ii. 0efinition of 6inal judgment> one that finally disposes of adjudicates or determines the rights of the partiesF nothing remains to be done by the court. iii. 6+ v 67+> 1. #f the appeal is perfected% decision is not e2ecutory a. 72ceptions> summary judgment li:e unlawful detainer b. *ot appealable>

(o appeal may )e ta*en from+ ;a< /n order denying a motion for new trial or reconsideration8 ;Hthe remedy is to appeal the judgment itself< ;b< /n order denying a petition for relief or any similar motion seeking relief from judgment8 ;c< /n interlocutory order8 ;Hinterlocutory orders P refers to something in between commencement and end of suit which decides some point or matter but is and order that does not finally dispose of the case and does not end the courts task of adjudicating the parties contentions< ;Hreason P for orderly procedure P avoid undue inconvenience when all orders may be contested in a single appeal assigned as errors< ;d< /n order disallowing or dismissing an appeal8 ;e< /n order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent8 ;f< /n order of e%ecution8 ;g< / judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross7claims and third7party complaints, while the main case is pending, unless the court allows an appeal therefrom8 and ;Hthrough record of appeal<

;h< /n order dismissing an action without prejudiceC ;Hremedy is to file another action since there is no prejudice<

c. 72amples i. *ot appealable 1. .uash warrant ". suspension of decision ). declaration of party as not an rpi 4. order denying motion to set aside judgment of consent% confession or compromise B. partially e2ecuted judgment that is divisible ii. Appealable 1. fi2ing af ". partially e2ecuted judgment that is indivisible i.e. damages ). orders of e2ecution a. e2ceptions> i. varies the terms of judgment and does not conform to essence thereof ii. when judgment is not clear and when there is room for interpretation #3. 'O078 of APP7A? a. Ordinary Appeal
;a< Ordinary appealC .he appeal to the 4ourt of /ppeals in cases decided by the Regional .rial 4ourt in the e%ercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse partyC No record on appeal shall be re9uired e%cept in special proceedings and other cases of multiple or separate appeals where law on these Rules so re9uireC 2n such cases, the record on appeal shall be filed and served in like mannerC

6rom '-C to 5-C Where to Appeal


&ection 1' Where to appealC /n appeal from a judgment or final order of a &unicipal .rial 4ourt may be taken to the Regional .rial 4ourt e%ercising jurisdiction over the area to which the former pertainsC .he title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appelleeC ;a<

When to Appeal

&ection 2' When to appealC /n appeal may be taken within fifteen ;15< days after notice to the appellant of the judgment or final order appealed fromC Ihere a record on appeal is re9uired, the appellant shall file a notice of appeal and a record on appeal within thirty ;3,< days after notice of the judgment or final orderC .he period of appeal shall be interrupted by a timely motion for new trial or reconsiderationC No motion for e%tension of time to file a motion for new trial or reconsideration shall be allowedC ;n< &ection ' Appellate court docket and other lawful feesC Iithin the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket

and other lawful feesC +roof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal, as the case may beC ;n<

-ime 5e.uirements 3ia Ordinary appeals by '757 *O-#C7 O6 APP7A? $ 1Bd after notice of judgment 3ia 57CO50 O* APP7A? appellant shall file a notice of appeal and record of appeal! $ )1d after notice of judgment 72ception -his is interrupted by 5ule )D '*-K '5!F but if 5ule )D is not followed or is denied% the period is not interruptedF or the movant has only days remaining o =ut if notice of appeal is already filed% rule )D is deemed abandonedM ,abeas corpus is 4Eh from notice of judgment o @5> Cannot be e2tended 8ometimes this can be e2tended in meritorious cases #mportant to :now because period of time to appeal is 'A*0A-O5P A*0 +G5#80#C-#O*A? -he legality of allowance of appeal can be raised at any stage o Gnless the party is estopped by submitting a cause or through active participation o #t is the appelate court that decided timeliness and not trial court #f not complied% the effects are> o +udgment becomes final and e2ecutory o 0enies jurisdiction to the appelate court o 0ecision% if ever% of appelate court is null and void o 0oc:et 6ee 5e.uirements 'ust pay within appeal timeF 'ust attach proof of payment -his is a ground for dismissal =ut applied liberallyF there are e2ceptions Procedures o

&ection 3' "ow to appealC .he appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed fromC .he notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appealC ,this is mandatory- failure to do so is a ground for dismissal / record on appeal shall be re9uired only in special proceedings and in other cases of multiple or separate appealsC .he form and contents of the record on appeal shall be as provided in section ", Rule @1C 4opies of the notice of appeal, and the record on appeal where re9uired, shall be served on the adverse partyC ;n< &ection !' )uty of the clerk of courtC Iithin fifteen ;15< days from the perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and e%hibits, which he shall certify as complete, to the proper Regional .rial 4ourtC / copy of his letter of transmittal of the records to the appellate court shall be furnished the partiesC ;n< &ection "' !rocedure in the Regional %rial $ourtC Kpon receipt of the complete record or the record on appeal, the clerk of court of the Regional .rial 4ourt shall notify the parties of such factC Iithin fifteen ;15< days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse partyC Iithin fifteen ;15< days from receipt of the appellantAs memorandum, the appellee may file his memorandumC 3ailure of the appellant to file a memorandum shall be a ground for dismissal of the appealC Kpon the filing of the memorandum of the appellee, or the e%piration of the period to do so, the case shall be considered submitted for decisionC .he Regional .rial 4ourt shall decide the case on the basis of the entire record of the proceedings had in the court of original and such memoranda as are filedC ;n< &ection #' Appeal from orders dismissing case without trial8 lack of jurisdictionC 2f an appeal is taken from an order of the lower court dismissing the case without a trial on the merits, the Regional .rial 4ourt may affirm or reverse it, as the case may beC 2n case of affirmance and the ground of dismissal is lack of jurisdiction over the subject matter, the Regional .rial 4ourt, if it has jurisdiction thereover, shall try the case on the merits as if the case was originally filed with itC 2n case of reversal, the case shall be remanded for further proceedingsC 2f the case was tried on the merits by the lower court without jurisdiction over the subject matter, the Regional .rial 4ourt on appeal shall not dismiss the case if it has original jurisdiction thereof, but shall decide the case in accordance with the preceding section, without prejudice to the admission of amended pleadings and additional evidence in the interest of justiceC ;n< &ection $' Applicability of Rule *+C .he other provisions of Rule @1 shall apply to appeals provided for herein insofar as they are not inconsistent with or may serve to supplement the provisions of this RuleC ;n<

9ays of /ppea3 ecor0 on /ppea3 .erfecte0 9hen$ upon approva3 of the recor0 on appea3 :on3y to that certain person 8ith respect to a su51ect 2atter; *ourt "oses +uris0iction :'(# &-# S!<+#*& %/&&# ; 9hen$ appea3 is perfecte0 :appea3 fi3e0 in 0ue ti2e an0 a33 parties have e=pire0 ti2e to appea3;

)otice of /ppea3 *ourt "oses +uris0iction :'(# &-# */S#; 9hen$ appea3 is perfecte0 :appea3 fi3e0 in 0ue ti2e an0 a33 parties have e=pire0 ti2e to appea3; o Procedures -here is no more trial de novoF appeals based on records are allowedF with some e2ception i.e. no stenographer! +udgment is not vacated but stayed 8ubject to affirmation% modification or reversal 6indings of facts and conclusions of law can serve as reference *o new parties or change of theory is permitted *o new matters are allowed in written answer on appeal but note that pleadings can be amended to conform to evidence! o #ssues on +urisdiction #f indeed% inferior court has jurisdiction subject matter and proper party! $ remandM #f inferior court has no jurisdiction% higher court must try the case on basis of merits #f there was trial on lower court% use that evidence 6rom 5-C to CA 5ule 41! *ote 5ecap! o -hree modes of appeal of 5-C9s decision Ordinary original! $ 8C and CA When 5-C is wrong in its original jurisdiction decision 5eview ,ere% there is a need for prima facie evidence of error of law and fact Certiorari original! $ to 8C under rule 4B! ,ere% only .uestions of law are involved o it is the appellate court wKn something is a . of law or fact! 72ception> Criminal Cases death or life imprisonment! o @o straight up o 5eviews facts and law 5eason for :nowing 6ile the proper appealM o 7lse% the period is not tolled o =ut% if the wrong mode is applied% court can still give due

course and command parties to ma:e proper mode o -here are also multiple appeals allowed 5eason -o enable the rest of the case to proceed in the event a separate and distinct issue is resolved by the court *ote that splitting of action is not allowed 72amples 8pecial proceedings Actions for recovery of property with accounting Partition with accounting 7minent domain 6oreclosure of mortgage #f the court allows% judgment against several defendants Where to Appeal $ depends on mode When to Appeal o Ordinary $ same as above o 5eview 8ame but the time commences again from receipt of denial of '*- and '5 o Certiorari $ same as review o *ote #mportant to :now because period of time to appeal is 'A*0A-O5P A*0 +G5#80#C-#O*A? -he legality of allowance of appeal can be raised at any stage o Gnless the party is estopped by submitting a cause or through active participation o #t is the appelate court that decided timeliness and not trial court #f not complied% the effects are> o +udgment becomes final and e2ecutory o 0enies jurisdiction to the appelate court o 0ecision% if ever% of appelate court is null and void 7ach party has a diff period to appeal ?ast 0ay of Appeal v Perfection of Appeal ?0A $ 1Bth day from receipt of decision copy

PA $ until e2piration of period to appeal by the other party in the case o 0oc:et 6ee 5e.uirements 'ust pay within appeal timeF 'ust attach proof of payment -his is a ground for dismissal =ut applied liberallyF there are e2ceptions Procedures

&ection ' otice of appealC .he notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the court to which the appeal is being taken, and state the material dates showing the timeliness of the appealC ;@a<

&ection !' Record on appeal8 form and contents thereof, .he full names of all the parties to the proceedings shall be stated in the caption of the record on appeal and it shall include the judgment or final order from which the appeal is taken and, in chronological order, copies of only such pleadings, petitions, motions and all interlocutory orders as are related to the appealed judgment or final order for the proper understanding of the issue involved, together with such data as will show that the appeal was perfected on timeC 2f an issue of fact is to be raised on appeal, the record on appeal shall include by reference all the evidence, testimonial and documentary, taken upon the issue involvedC .he reference shall specify the documentary evidence by the e%hibit numbers or letters by which it was identified when admitted or offered at the hearing, and the testimonial evidence by the names of the corresponding witnessesC 2f the whole testimonial and documentary evidence in the case is to be included, a statement to that effect will be sufficient without mentioning the names of the witnesses or the numbers or letters of e%hibitsC (very record on appeal e%ceeding twenty ;2,< pages must contain a subject inde%C ;"a<

Only necessary documents need be included not anymore the memorandum as well as documents which were not presented! -here must be the Vmaterial data rule9 showing that appeal is perfected in time

&ection "' Approval of record on appealC Kpon the filing of the record on appeal for approval and if no objection is filed by the appellee within five ;5< days from receipt of a copy thereof, the trial court may approve it as presented or upon its own motion or at the instance of the appellee, may direct its amendment by the inclusion of any omitted matters which are deemed essential to the determination of the issue of law or fact involved in the appealC 2f the trial court orders the amendment of the record, the appellant, within the time limited in the order, or such e%tension thereof as may be granted, or if no time is fi%ed by the order within ten ;1,< days from receipt thereof, shall redraft the record by including therein, in their proper chronological se9uence, such additional matters as the court may have directed him to incorporate, and shall thereupon submit the redrafted record for approval, upon notice to the appellee, in like manner as the original draftC ;#a<

5OA is needed only during o 8pecial proceedings o 'ultiple appeals

*otice of appeal is needed else the 5OA is ineffectual o *otice of appeal needs no approval by court

&ection #' #oint record on appealC Ihere both parties are appellants, they may file a joint record on appeal within the time fi%ed by section 3 of this Rule, or that fi%ed by the courtC ;$a<

&ection $' !erfection of appeal8 effect thereof, / partyAs appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due timeC / partyAs appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due timeC 2n appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the e%piration of the time to appeal of the other partiesC 2n appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the approval of the records on appeal filed in due time and the e%piration of the appeal of the other partiesC 2n either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order e%ecution pending appeal in accordance with 2 of Rule 3L, and allow withdrawal of the appealC ;La<

Perfection W e2piration of last day to appeal by any party not on date of notice of appeal! 'ain effect W o o jurisdiction is transferred with residual authority remaining to inferior court! trial court cannot dismiss the appeal on ground of failure to prosecute unless it still has records

72tent of authority granted trial court after perfection of appeal o o Order e2ecution pending appeal #ssue orders for the protection and preservation of party9s right which do not involve matter litigated by the appeal -o approve compromises prior transmittal -o permit prosecution of pauper appeals

o o

&ection 1%' )uty of clerk of court of the lower court upon perfection of appealC Iithin thirty ;3,< days after perfection of all the appeals in accordance with the preceding section, it shall be the duty of the clerk of court of the lower court) ;a< .o verify the correctness of the original record or the record on appeal, as the case may be aid to make certification of its correctness8 ;b< .o verify the completeness of the records that will be, transmitted to the appellate court8 ;c< 2f found to be incomplete, to take such measures as may be re9uired to complete the records, availing of the authority that he or the court may e%ercise for this purpose8 and ;d< .o transmit the records to the appellate courtC 2f the efforts to complete the records fail, he shall indicate in his letter of transmittal the e%hibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non7transmittal, and the steps taken or that could be taken to have them availableC

.he clerk of court shall furnish the parties with copies of his letter of transmittal of the records to the appellate courtC ;1,a< &ection 11' %ranscriptC Kpon the perfection of the appeal, the clerk shall immediately direct the stenographers concerned to attach to the record of the case five ;5< copies of the transcripts of the testimonial evidence referred to in the record on appealC .he stenographers concerned shall transcribe such testimonial evidence and shall prepare and affi% to their transcripts an inde% containing the names of the witnesses and the pages wherein their testimonies are found, and a list of the e%hibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial courtC .he transcripts shall be transmitted to the clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutivelyC ;12a< &ection 12' %ransmittalC .he clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty ;3,< days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three ;3< copies of the transcriptsC 4opies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the e%amination of the partiesC ;11a< &ection 13' )ismissal of appealC +rior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may motu propio or on motion dismiss the appeal for having been taken out of timeC ;1@a<

Procedures in the .ourt of /ppeals 0after it was transmitted1


R234 44 5rdinary /ppealed .ases &ection 1' %itle of casesC 2n all cases appealed to the 4ourt of /ppeals under Rule @1, the title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appelleeC ;1a, R@"< &ection 2' $ounsel and guardiansC .he counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the 4ourt of /ppealsC Ihen others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the courtC ;2a, R@"< &ection 3' Order of transmittal of recordC 2f the original record or the record on appeal is not transmitted to the 4ourt of /ppeals within thirty ;3,< days after the perfection of the appeal, either party may file a motion with the trial court, with notice to the other, for the transmittal of such record or record on appealC ;3a, R@"< &ection 4' )ocketing of caseC Kpon receiving the original record or the record on appeal and the accompanying documents and e%hibits transmitted by the lower court, as well as the proof of payment of the docket and other lawful fees, the clerk of court of the 4ourt of /ppeals shall docket the case and notify the parties thereofC ;@a, R@"< Iithin ten ;1,< days from receipt of said notice, the appellant, in appeals by record on appeal, shall file with the clerk of court seven ;#< clearly legible copies of the approved record on appeal, together with the proof of service of two ;2< copies thereof upon the appelleeC /ny unauthoriJed alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appealC ;n< &ection ' $ompletion of recordC Ihere the record of the docketed case is incomplete, the clerk of court of the 4ourt of /ppeals shall so inform said court and recommend to it measures necessary to complete the recordC 2t shall be the duty of said court to take appropriate action towards the completion of the record within the shortest possible timeC ;n< &ection !' )ispensing with complete recordC Ihere the completion of the record could not be accomplished within a sufficient period allotted for said purpose due to insuperable or e%tremely difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the record and its accompanying transcripts and e%hibits so far available are sufficient to decide the issues raised in the appeal, and shall issue an order e%plaining the reasons for such declarationC ;n< &ection "' Appellant-s brief, 2t shall be the duty of the appellant to file with the court, within forty7five ;@5< days from receipt of the notice of the clerk that all the evidence, oral and documentary, are attached to the record, seven ;#< copies

of his legibly typewritten, mimeographed or printed brief, with proof of service of two ;2< copies thereof upon the appelleeC ;1,a, R@"< ;Hfiling for &N. does not suspend appelant s brief< &ection #' Appellee-s brief, Iithin forty7five ;@5< days from receipt of the appellantAs brief, the appellee shall file with the court seven ;#< copies of his legibly typewritten, mimeographed or printed brief, with proof of service of two ;2< copies thereof upon the appellantC ;11a, R@"< &ection $' Appellant-s reply brief, Iithin twenty ;2,< days from receipt of the appelleeAs brief, the appellant may file a reply brief answering points in the appelleeAs brief not covered in his main briefC ;12a, R@"< &ection 1%' %ime of filing memoranda in special casesC 2n certiorari, prohibition, mandamus, 'uo warranto and habeas corpus cases, the parties shall file in lieu of briefs, their respective memoranda within a non7e%tendible period of thirty ;3,< days from receipt of the notice issued by the clerk that all the evidence, oral and documentary, is already attached to the recordC ;13a, R@"< .he failure of the appellant to file his memorandum within the period therefor may be a ground for dismissal of the appealC ;n< &ection 11' Several appellants or appellees or several counsel for each partyC Ihere there are several appellants or appellees, each counsel representing one or more but not all of them shall be served with only one copy of the briefsC Ihen several counsel represent one appellant or appellee, copies of the brief may be served upon any of themC ;1@a, R@"< &ection 12' Extension of time for filing briefsC (%tension of time for the filing of briefs will not be allowed, e%cept for good and sufficient cause, and only if the motion for e%tension is filed before the e%piration of the time sought to be e%tendedC ;15, R@"<

=ased on 5#5CA% the judges without agenda and by minute resolution% upon the Chairman9s written authority> o @rant e2tensions for J1d appellant! and reply brief for "1d o @rant e2tensions for answer% comment% reply% opposition% memoranda% when allowed by law by total of )1d

&ection 13' $ontents of appellant-s brief, .he appellantAs brief shall contain, in the order herein indicated, the following) ;Hfailure here can warrant dismissal< ;a< / subject inde% of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, te%tbooks and statutes cited with references to the pages where they are cited8 ;b< /n assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively8 ;c< Knder the heading E!tatement of the 4ase,E a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy with page references to the record8 ;d< Knder the heading E!tatement of 3acts,E a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record8 ;e< / clear and concise statement of the issues of fact or law to be submitted, to the court for its judgment8 ;f< Knder the heading E/rgument,E the appellantAs arguments on each assignment of error with page references to the recordC .he authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found8 ;g< Knder the heading ERelief,E a specification of the order or judgment which the appellant seeks8 and

;h< 2n cases not brought up by record on appeal, the appellantAs brief shall contain, as an appendi%, a copy of the judgment or final order appealed fromC ;1"a, R@"< &ection 14' $ontents of appellee-s brief, .he appelleeAs brief shall contain, in the order herein indicated the following) ;a< / subject inde% of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, te%tbooks and statutes cited with references to the pages where they are cited8 ;b< Knder the heading E!tatement of 3acts,E the appellee shall state that he accepts the statement of facts in the appellantAs brief, or under the heading E4ounter7!tatement of 3acts,E he shall point out such insufficiencies or inaccuracies as he believes e%ist in the appellantAs statement of facts with references to the pages of the record in support thereof, but without repetition of matters in the appellantAs statement of facts8 and ;c< Knder the heading E/rgument,E the appellee shall set forth his arguments in the case on each assignment of error with page references to the recordC .he authorities relied on shall be cited by the page of the report at which the case begins and the page of the report on which the citation is foundC ;1#a, R@"< &ection 1 ' .uestions that may be raised on appealC Ihether or not the appellant has filed a motion for new trial in the court below he may include in his assignment of errors any 9uestion of law or fact that has been raised in the court below and which is within the issues framed by the partiesC ;1$, R@"<

@5> Only .uestions of fact and law raised below which is within the issues framed by the parties can be raised on appeal o #ssues not raised cannot be 5A#870 O* 18- time on appeal o o 5eason> the court should review and not determine the case for the 1 st time 72ceptions> interest of justice and promotion of public policy 8o long as related closely to the error properly assigned #ssues of jurisdiction e2cept if barred by estoppel!

Change of theory is not permitted i.e. tort v breach of contract! o o Change of emphasis is allowed 0ecision may be affirmed on other grounds

b. Petition for 5eview $ from 5-C to CA 5ule 4"!


;b< !etition for reviewC .he appeal to the 4ourt of /ppeals in cases decided by the Regional .rial 4ourt in the e%ercise of its appellate jurisdiction shall be by petition for review in accordance with Rule @2C

0efinition $ second level of reviewF this is a review of judgment in e2ercise of appellate jurisdiction 5-C appellate jurisdiction to CA!F hence% just a matter of right and discretionary on part of CA Procedure

&ection 1' "ow appeal taken8 time for filingC / party desiring to appeal from a decision of the Regional .rial 4ourt rendered in the e%ercise of its appellate jurisdiction may file a verified petition for review with the 4ourt of /ppeals, paying at the same time to the clerk of said court the corresponding docket and other lawful fees, depositing the amount of

+5,,C,, for costs, and furnishing the Regional .rial 4ourt and the adverse party with a copy of the petitionC .he petition shall be filed and served within fifteen ;15< days from notice of the decision sought to be reviewed or of the denial of petitionerAs motion for new trial or reconsideration filed in due time after judgmentC Kpon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the e%piration of the reglementary period, the 4ourt of /ppeals may grant an additional period of fifteen ;15< days only within which to file the petition for reviewC No further e%tension shall be granted e%cept for the most compelling reason and in no case to e%ceed fifteen ;15< daysC ;n< .ime P is reset after denial of &N. and &R /ppeal is taken if there is prima facie evidence that lower court has committed an error of fact and law that warrants a reversal or modification

&ection 2' /orm and contentsC .he petition shall be filed in seven ;#< legible copies, with the original copy intended for the court being indicated as such by the petitioner, and shall ;a< state the full names of the parties to the case, without impleading the lower courts or judges thereof either as petitioners or respondents8 ;b< indicate the specific material dates showing that it was filed on time8 ;c< set forth concisely a statement of the matters involved, the issues raised, the specification of errors of fact or law, or both, allegedly committed by the Regional .rial 4ourt, and the reasons or arguments relied upon for the allowance of the appeal8 ;d< be accompanied by clearly legible duplicate originals or true copies of the judgments or final orders of both lower courts, certified correct by the clerk of court of the Regional .rial 4ourt, the re9uisite number of plain copies thereof and of the pleadings and other material portions of the record as would support the allegations of the petitionC .he petitioner shall also submit together with the petition a certification under oath that he has not theretofore commenced any other action involving the same issues in the !upreme 4ourt, the 4ourt of /ppeals or different divisions thereof, or any other tribunal or agency8 if there is such other action or proceeding, he must state the status of the same8 and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the !upreme 4ourt, the 4ourt of /ppeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five ;5< days therefromC ;n< &ection 3' Effect of failure to comply with re'uirementsC .he failure of the petitioner to comply with any of the foregoing re9uirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereofC ;n< &ection 4' Action on the petitionC .he 4ourt of /ppeals may re9uire the respondent to file a comment on the petition, not a motion to dismiss, within ten ;1,< days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the 9uestions raised therein are too insubstantial to re9uire considerationC ;n< &ection ' $ontents of commentC .he comment of the respondent shall be filed in seven ;#< legible copies, accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers and shall ;a< state whether or not he accepts the statement of matters involved in the petition8 ;b< point out such insufficiencies or inaccuracies as he believes e%ist in petitionerAs statement of matters involved but without repetition8 and ;c< state the reasons why the petition should not be given due courseC / copy thereof shall be served on the petitionerC ;a< &ection !' )ue courseC 2f upon the filing of the comment or such other pleadings as the court may allow or re9uire, or after the e%piration of the period for the filing thereof without such comment or pleading having been submitted, the 4ourt of /ppeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petitionC ;n< 3ailure to file a comment is not one of the grounds for denial of petition

&ection "' Elevation of recordC Ihenever the 4ourt of /ppeals deems it necessary, it may order the clerk of court of the Regional .rial 4ourt to elevate the original record of the case including the oral and documentary evidence within fifteen ;15< days from noticeC ;n< &ection #' !erfection of appeal8 effect thereof, ;a< Kpon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitionerC .he Regional .rial 4ourt loses jurisdiction over the case upon the perfection of the appeals filed in due time and the e%piration of the time to appeal of the other partiesC

Bowever, before the 4ourt of /ppeals gives due course to the petition, the Regional .rial 4ourt may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order e%ecution pending appeal in accordance with section 2 of Rule 3L, and allow withdrawal of the appealC ;La, R@1< ;b< (%cept in civil cases decided under the Rule on !ummary +rocedure, the appeal shall stay the judgment or final order unless the 4ourt of /ppeals, the law, or these Rules shall provide otherwiseC ;a< &ection $' Submission for decisionC 2f the petition is given due course, the 4ourt of /ppeals may set the case for oral argument or re9uire the parties to submit memoranda within a period of fifteen ;15< days from noticeC .he case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re9uired by these Rules or by the court itselfC ;n<

R234 43

6rom S+ to CA 5ule 4)!

/ppeals 6rom the .ourt of 7a8 /ppeals and 9uasi:;udicial /gencies to the .ourt of /ppeals &ection 1' ScopeC .his Rule shall apply to appeals from judgments or final orders of the 4ourt of .a% /ppeals and from awards, judgments, final orders or resolutions of or authoriJed by any 9uasi7judicial agency in the e%ercise of its 9uasi7judicial functionsC /mong these agencies are the 4ivil !ervice 4ommission, 4entral Doard of /ssessment /ppeals, !ecurities and (%change 4ommission, 6ffice of the +resident, :and Registration /uthority, !ocial !ecurity 4ommission, 4ivil /eronautics Doard, Dureau of +atents, .rademarks and .echnology .ransfer, National (lectrification /dministration, (nergy Regulatory Doard, National .elecommunications 4ommission, 'epartment of /grarian Reform under Republic /ct NoC ""5#, 1overnment !ervice 2nsurance !ystem, (mployees 4ompensation 4ommission, /gricultural 2nvention Doard, 2nsurance 4ommission, +hilippine /tomic (nergy 4ommission, Doard of 2nvestments, 4onstruction 2ndustry /rbitration 4ommission, and voluntary arbitrators authoriJed by lawC ;Hthis includes decisions of the ombudsman< &ection 2' $ases not coveredC .his Rule shall not apply to judgments or final orders issued under the :abor 4ode of the +hilippinesC ;n< &ection 3' Where to appealC /n appeal under this Rule may be taken to the 4ourt of /ppeals within the period and in the manner herein provided, whether the appeal involves 9uestions of fact, of law, or mi%ed 9uestions of fact and lawC ;n<

-he remedy of .j9s decision is through petition for review o 72ception> when the issue is jurisdiction% it should be case for certiorari under 5ule CB o Also% labor cases are under rule CB

&ection 4' !eriod of appealC .he appeal shall be taken within fifteen ;15< days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is re9uired by law for its effectivity, or of the denial of petitionerAs motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a 'uoC 6nly one ;1< motion for reconsideration shall be allowedC Kpon proper motion and the payment of the full amount of the docket fee before the e%piration of the reglementary period, the 4ourt of /ppeals may grant an additional period of fifteen ;15< days only within which to file the petition for reviewC No further e%tension shall be granted e%cept for the most compelling reason and in no case to e%ceed fifteen ;15< daysC ;n< &ection ' "ow appeal takenC /ppeal shall be taken by filing a verified petition for review in seven ;#< legible copies with the 4ourt of /ppeals, with proof of service of a copy thereof on the adverse party and on the court or agency a 'uoC .he original copy of the petition intended for the 4ourt of /ppeals shall be indicated as such by the petitionerC Kpon the filing of the petition, the petitioner shall pay to the clerk of court of the 4ourt of /ppeals the docketing and other lawful fees and deposit the sum of +5,,C,, for costsC (%emption from payment of docketing and other lawful fees and the deposit for costs may be granted by the 4ourt of /ppeals upon a verified motion setting forth valid grounds thereforC 2f the 4ourt of /ppeals denies the motion, the petitioner shall pay the docketing and other lawful fees and deposit for costs within fifteen ;15< days from notice of the denialC ;n< &ection !' $ontents of the petitionC .he petition for review shall ;a< state the full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents8 ;b< contain a concise statement of the facts and issues involved and the grounds relied upon for the review8 ;c< be accompanied by a clearly legible duplicate original

or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record referred to therein and other supporting papers8 and ;d< contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule @2C .he petition shall state the specific material dates showing that it was filed within the period fi%ed hereinC ;2a< &ection "' Effect of failure to comply with re'uirementsC .he failure of the petitioner to comply with any of the foregoing re9uirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereofC ;n< &ection #' Action on the petitionC .he 4ourt of /ppeals may re9uire the respondent to file a comment on the petition not a motion to dismiss, within ten ;1,< days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the 9uestions raised therein are too unsubstantial to re9uire considerationC ;"a< &ection $' $ontents of commentC .he comment shall be filed within ten ;1,< days from notice in seven ;#< legible copies and accompanied by clearly legible certified true copies of such material portions of the record referred to therein together with other supporting papersC .he comment shall ;a< point out insufficiencies or inaccuracies in petitionerAs statement of facts and issues8 and ;b< state the reasons why the petition should be denied or dismissedC / copy thereof shall be served on the petitioner, and proof of such service shall be filed with the 4ourt of /ppealsC ;La< &ection 1%' )ue courseC 2f upon the filing of the comment or such other pleadings or documents as may be re9uired or allowed by the 4ourt of /ppeals or upon the e%piration of the period for the filing thereof, and on the records the 4ourt of /ppeals finds prima facie that the court or agency concerned has committed errors of fact or law that would warrant reversal or modification of the award, judgment, final order or resolution sought to be reviewed, it may give due course to the petition8 otherwise, it shall dismiss the sameC .he findings of fact of the court or agency concerned, when supported by substantial evidence, shall be binding on the 4ourt of /ppealsC ;n<

After filing of comment can the CA determine wKn to give due course o Gnless the CA finds the same as patently without meritF prosecuted for delay o A writ of injunction which preserves the status .uo! is not e.uivalent to giving due course

@5> 6indings of fact of S+ is binding on CA when supported by 8G=8-A*-#A? 7vidence o 0efinition of 8ubstantial 7vidence> that amount of relevant evidence which a reasonable mind might accept as ade.uate to justify a conclusion #t is not mere scintilla of evidence nor preponderant evidence needed in civil cases 87 is used in admin cases

72ceptions to the @5> Official has gone beyond statutory authority% gadalej

&ection 11' %ransmittal of recordC Iithin fifteen ;15< days from notice that the petition has been given due course, the 4ourt of /ppeals may re9uire the court or agency concerned to transmit the original or a legible certified true copy of the entire record of the proceeding under reviewC .he record to be transmitted may be abridged by agreement of all parties to the proceedingC .he 4ourt of /ppeals may re9uire or permit subse9uent correction of or addition to the recordC ;$a< &ection 12' Effect of appealC .he appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the 4ourt of /ppeals shall direct otherwise upon such terms as it may deem justC ;1,a< ;Hjust try to have preliminary injunction as remedy<

&ection 13' Submission for decisionC 2f the petition is given due course, the 4ourt of /ppeals may set the case for oral argument or re9uire the parties to submit memoranda within a period of fifteen ;15< days from noticeC .he case shall be deemed submitted for decision upon the filing of the last pleading or memorandum re9uired by these Rules or by the court of /ppealsC ;n<

c. Appeal by Certiorari to the 8C!


;c< Appeal by certiorariC 2n all cases where only 9uestions of law are raised or involved, the appeal shall be to the !upreme 4ourt by petition for review on certiorari in accordance with the Rule @5C ;n< &ection 1' /iling of petition with Supreme $ourtC / party desiring to appeal by certiorari from a judgment or final order or resolution of the 4ourt of /ppeals, the !andiganbayan, the Regional .rial 4ourt or other courts whenever authoriJed by law, may file with the !upreme 4ourt a verified petition for review on certiorariC .he petition shall raise only 9uestions of law which must be distinctly set forthC ;1a, 2a<

@eneral 5ules o Only .uestions of law are allowed #f not% can be remanded to CA note% not dismissed! 5eason> #nferior courts9 findings are to be respected as they are in best position to observe demeanor of witness @5> 6indings of 6act of lower court prevailsM 72ceptions o 6O6 is grounded on speculations% surmises or conjectures o #nference is absurd% mista:en or impossible o When there is grave abuse of discretion in appreciation of facts o When judgment is based on misappreciation of facts o 6O6 are conflicting o When lower courts go beyond issues of the case and the same is contrary to admission of appellants and appellees o 6O6 of 5-C and CA are at variance o 6O6 have no citations of specific evidence o When facts in petitioner9s main and reply briefs are not disputed by respondent o When 6O6 is premised on absence of evidence and is contradicted by evidence on record o When certain material facts have been overloo:ed that would alter the result of the case o Where from> from 6#*A? O50758 of CAK5-CK8= on .uestions of law Appeal is not a matter of rightM 5ule 4B% 8ec C! Only when there are very special important reasonsF appellant must ma:e a strong demonstration of serious error on part of CA

&ection !' Review discretionaryC / review is not a matter of right, but of sound judicial discretion, and will be granted only when there are special and important reasons thereofC .he following, while neither controlling nor fully measuring the courtAs discretion, indicate the character of the reasons which will be considered) ;a< Ihen the court a 'uo has decided a 9uestion of substance, not theretofore determined by the !upreme 4ourt, or has decided it in a way probably not in accord with law or with the applicable decisions of the !upreme 4ourt8 or

;b< Ihen the court a 'uo has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by a lower court, as to call for an e%ercise of the power of supervisionC ;@a<

-he e2tent of jurisidiction on appeal e2tends to all maters incident or connected therewith necessary for preservation of subject matter or protection of rights of parties All these rules are applicable in both civil and criminal cases e2cept death penalty or life imprisonment $ set for automatic review!

&ection $' Rule applicable to both civil and criminal casesC .he mode of appeal prescribed in this Rule shall be applicable to both civil and criminal cases, e%cept in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonmentC ;n<

Petition for review on certiorari v petition for certiorari

Rule @5

Rule "5

/ppeal 'efinition) reviews errors of committed by court in e%ercise of jurisdiction amounting only to (RR6R 63 *udgment Resolves a 9uestion of law EIidom of *udgmentE 1rounds of "5 cant be included :imited to final orders on merits !tays the judgment made within reglamentary period to appeal the parties are limited to the original parties &R is not a condition precedent the !4 here is e%ercising review powers in its appelate jurisdtiction / continuation of judgment complained of

!pecial 4ivil /ction ;EIrit of 4ertiorari< 'efinition) issues for correction of errors of jurisdiction only or gadalej ;to keep inferior court within its boundaries< Resolves e%istence of gadlej E*urisdictionE 1rounds of @5 can be included 2ncludes even interlocutory order or where there is no appeal or any other +!/ remedy 'oes not stay judgment unless there is injunction or .R6 made within ",d from order of judgment should included the judge or 9j agency &R is a condition precedent8 with sme e%ceptions the !4 here is e%ercising powers of control and supervision over lower courts in its original jurisdtiction /n original and independent action8 will not be allowed as substitute for failure to file petition for review

Suestion of ?aw v Suestion of 6act


Question of :aw Question of 3act

.here is a 9uestion of aw if the doubt or difference arises to what the law is on a certain state of facts (%amples) interpretation of contracts8 sufficiency of evidence8 must not involve no e%amination of probative value of evidence

.here is a 9uestion of fact when the doubt or difference arises from the truth or falsehood of the facts (%amples) documentary evidence iCeC 9uestions on authenticity8 deternination of probative value or weight of evidence8 w?n evidence justifies damages or w?n there is causality8

-ime of filing

&ection 2' %ime for filing8 extensionC .he petition shall be filed within fifteen ;15< days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitionerAs motion for new trial or reconsideration filed in due time after notice of the judgmentC 6n motion duly filed and served, with full payment of the docket and other lawful fees and the deposit for costs before the e%piration of the reglementary period, the !upreme 4ourt may for justifiable reasons grant an e%tension of thirty ;3,< days only within which to file the petitionC ;1a, 5a< &ection 3' )ocket and other lawful fees8 proof of service of petitionC Knless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the !upreme 4ourt and deposit the amount of +5,,C,, for costs at the time of the filing of the petitionC +roof of service of a copy, thereof on the lower court concerned and on the adverse party shall be submitted together with the petitionC ;1a<

o o

*ote that the motion runs again after notice of denial of '5 72tension can only given by 8C for )1d if -here is a motion filed and served 0oc:et fees and deposits paid prior e2piration of reglamentary period Proof of service of motion for e2tension of time

Contents of Petition

&ection 4' $ontents of petitionC .he petition shall be filed in eighteen ;1$< copies, with the original copy intended for the court being indicated as such by the petitioner and shall ;a< state the full name of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts or judges thereof either as petitioners or respondents8 ;b< indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received8 ;c< set forth concisely a statement of the matters involved, and the reasons or arguments relied on for the allowance of the petition8 ;d< be accompanied by a clearly legible duplicate original, or a certified true copy of the judgment or final order or resolution certified by the clerk of court of the court a 'uo and the re9uisite number of plain copies thereof, and such material portions of the record as would support the petition8 and ;e< contain a sworn certification against forum shopping as provided in the last paragraph of section 2, Rule @2C ;2a< &ection "' !leadings and documents that may be re'uired8 sanctionsC 3or purposes of determining whether the petition should be dismissed or denied pursuant to section 5 of this Rule, or where the petition is given due course under section $ hereof, the !upreme 4ourt may re9uire or allow the filing of such pleadings, briefs, memoranda or documents as it may deem necessary within such periods and under such conditions as it may consider appropriate, and impose the corresponding sanctions in case of non7filing or unauthoriJed filing of such pleadings and documents or non7compliance with the conditions thereforC ;n<

When is the Petition 0enied?

&ection ' )ismissal or denial of petitionC .he failure of the petitioner to comply with any of the foregoing re9uirements regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereofC .he !upreme 4ourt may on its own initiative deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay, or that the 9uestions raised therein are too unsubstantial to re9uire considerationC ;3a<

When is the Petition @iven 0ue Course?

&ection #' )ue course8 elevation of recordsC 2f the petition is given due course, the !upreme 4ourt may re9uire the elevation of the complete record of the case or specified parts thereof within fifteen ;15< days from noticeC ;2a<

3.

+urisdiction

&odes ;aside from "5<

&.4 to R.4 R.4 to 4/ Q* to 4/ :4 to !4

Rule @, Rule @5 ;4ertiorari< and Rule @1 = @2 ;Irit of (rror) ordinary appeal and petition for review< Rule @3 ;+etition for Review< Rule @5 ;4ertiorari<

+urisdiction and 6iling of *otice of Appeal

3#.

ecor0 on /ppea3 .erfecte0 9hen$ upon approva3 of the recor0 on appea3 :on3y to that certain person 8ith respect to a su51ect 2atter; *ourt "oses +uris0iction :'(# &-# S!<+#*& %/&&# ; 9hen$ appea3 is perfecte0 :appea3 fi3e0 in 0ue ti2e an0 a33 parties have e=pire0 ti2e to appea3; )otice of /ppea3 *ourt "oses +uris0iction :'(# &-# */S#; 9hen$ appea3 is perfecte0 :appea3 fi3e0 in 0ue ti2e an0 a33 parties have e=pire0 ti2e to appea3; 0uties of Court when notice of appeal is filed +udgment is not vacated but stayed 8ubject to affirmation% modification or reversal 6indings of facts and conclusions of law can serve as reference -here is no more trial de novoF appeals based on records are allowedF with some e2ception i.e. no stenographer! 0ecide the appeal 0ilatory or 6rivolous appeals o @5> appeal should not be dismissed outright if it goes to merits of the case or right of plaintiff to recover o 72ception> 6rivolous Appeals $ presents no justifiable .uestion or readily recogni(able as devoid of merit or that there is little prospect that it will succeed #mproper Appeals

&ection ! 0Rule !1' )isposition of improper appealC (%cept as provided in section 3, Rule 122 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the !upreme 4ourt by notice of appeal shall be dismissedC /n appeal by certiorari taken to the !upreme 4ourt from the Regional .rial 4ourt submitting issues of fact may be referred to the 4ourt of /ppeals for decision or appropriate actionC .he determination of the !upreme 4ourt on whether or not issues of fact are involved shall be finalC ;n<

a. @5> #mproper appeals as shown below! will merit dismissal and transfer to correct court will not be allowed i. 5-C to CA ii. ?C to 8C on notice of appeal! iii. 5-C to CA on notice of appeal! 1. with jurisdiction v no jurisdiction b. 72ception i. ?C to 8C 1. .uestion of fact v .uestion of law remand to CA!

. '*#D! #S I) &-# *'! & '7 /..#/"S


@enerally 6ile Petition Outright 0ismissal order to ac.uire jurisdiction over respondentcomment not answer nor '-0!if needed% other pleadings wit locdetermination of due coursedetermination of factual issues if necessarysubmission of memoranda! R234 4! 5riginal .ases &ection 1' %itle of casesC 2n all cases originally filed in the 4ourt of /ppeals, the party instituting the action shall be called the petitioner and the opposing party the respondentC ;1a< &ection 2' %o what actions applicableC .his Rule shall apply to original actions for certiorari, prohibition, mandamus and 'uo warrantoC (%cept as otherwise provided, the actions for annulment of judgment shall be governed by Rule @#, for certiorari, prohibition and mandamus by Rule "5, and for 'uo warranto by Rule ""C ;n< &ection 3' $ontents and filing of petition8 effect of noncompliance with re'uirementsC .he petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed forC 2n actions filed under Rule "5, the petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was receivedC 2t shall be filed in seven ;#< clearly legible copies together with proof of service thereof on the respondent with the original copy intended for the court indicated as such by the petitioner, and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, such material portions of the record as are referred to therein, and other documents relevant or pertinent theretoC .he certification shall be accomplished by the proper clerk of court or by his duly authoriJed representative, or by the proper officer of the court, tribunal, agency or office involved or by his duly authoriJed representativeC .he other re9uisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the originalC .he petitioner shall also submit together with the petition a sworn certification that he has not theretofore commenced any other action involving the same issues in the !upreme 4ourt, the 4ourt of /ppeals or different divisions thereof, or any other tribunal or agency8 if there is such other action or proceeding, he must state the status of the same8 and if he should thereafter learn that a similar action or proceeding has been filed or is pending before the !upreme 4ourt, the 4ourt of

/ppeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five ;5< days therefromC .he petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and deposit the amount of +5,,C,, for costs at the time of the filing of the petitionC .he failure of the petitioner to comply any of the re9uirements shall be sufficient ground for the dismissal of the petitionC ;n8 Dar &atter NoC $,3, 21 *uly 1LL$< &ection 4' #urisdiction over person of respondent, how ac'uiredC .he court shall ac9uire jurisdiction over the person of the respondent by the service on him of its order or resolution indicating its initial action on the petition or by his voluntary submission to such jurisdictionC ;n< &ection ' Action by the courtC .he court may dismiss the petition outright with specific reasons for such dismissal or re9uire the respondent to file a comment on the same within ten ;1,< days from noticeC 6nly pleadings re9uired by the court shall be allowedC /ll other pleadings and papers, may be filed only with leave of courtC ;n< ;H 4omment is what is re9uired8 all other pleadings can be had by leave of court< &ection !' )etermination of factual issuesC Ihenever necessary to resolve factual issues, the court itself may conduct hearings thereon or delegate the reception of the evidence on such issue to any of its members or to an appropriate court, agency or officeC ;n< &ection "' Effect of failure to file commentC Ihen no comment is filed by any of the respondents, the case may be decided on the basis of the record, without prejudice to any disciplinary action which the court may take against the disobedient partyC ;n<

R234 4"
/nnulment of ;udgments of 6inal 5rders and Resolutions &ection 1' $overageC .his Rule shall govern the annulment by the 4ourt of /ppeals of judgments or final orders and resolutions in civil actions of Regional .rial 4ourts for which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitionerC ;n< &ection 2' 0rounds for annulmentC .he annulment may be based only on the grounds of e%trinsic fraud and lack of jurisdictionC (%trinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for reliefC ;n< &ection 3' !eriod for filing actionC 2f based on e%trinsic fraud, the action must be filed within four ;@< years from its discovery8 and if based on lack of jurisdiction, before it is barred by laches or estoppelC ;n<

0efinition of Annulment of judgment> a remedy in law independent of the case where the judgment sought to be annulled was renderedF the judgment may be annulled on ground of e2trinsic or collateral fraud o #t is a hybrid of special civil action and ordinary civil action *ote that this should not be used as an instrument for delay available only when ordinary remedies are not present!/ma:es this special

-here is a need for summons/ma:es this ordinary aside from the fact that ordinary procedures for ordinary actions are followed i.e. '-0 and injunction can be had!

@5OG*08 o o ?o+ 76 0efinition $ preventing a part from presenting all his case to court #.e. depriving party interest in landF lawyer connives with client simply put% e2trinsic fraud is any tric: or devise to prevent an adversary from presenting his defense /#ntrinsic 6raud $ refers to acts of a party in litigation during the trial such as the use of forged instruments or perjured testimony which did not affect the presentation of the case but did prevent a fair and just determination of the case

//difference of ?o+ and 76> decided on evidence found in records of the case v e2traneous evidence admittedF filed anytime prior laches or estoppel v 4yrs from discoveryF setting aside of judgment without prejudice to proper filing in court v on motion% try the case as if there is an '*-

5G?7> *ot available when ordinary remedies are availed of o 7g> *-% appeal% 5+% inherent power of the court to control and amend orders rule 1)B!% 5ule CB% .uo warranto

Who files> o o @5> Parties to the case 72ception> *on party so long as he can prove that judgment was obtained by fraud and collusion and he would adversely affected thereby

5emedy of loser> not to file CB but 4B

&ection 4' /iling and contents of petitionC .he action shall be commenced by filing a verified petition alleging therein with particularity the facts and the law relied upon for annulment, as well as those supporting the petitionerAs good and substantial cause of action or defense, as the case may beC .he petition shall be filed in seven ;#< clearly legible copies, together with sufficient copies corresponding to the number of respondentsC / certified true copy of the judgment or final order or resolution shall be attached to the original copy of the petition intended for the court and indicated as such by the petitionerC .he petitioner shall also submit together with the petition affidavits of witnesses or documents supporting the cause of action or defense and a sworn certification that he has not theretofore commenced any other action involving the same issues in the !upreme 4ourt, the 4ourt of /ppeals or different divisions thereof, or any other tribunal or agency if there is such other action or proceeding, he must state the status of the same, and if he should thereafter learn that a similar

action or proceeding has been filed or is pending before the !upreme 4ourt, the 4ourt of /ppeals, or different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five ;5< days therefromC ;n< &ection ' Action by the courtC !hould the court find no substantial merit in the petition, the same may be dismissed outright with specific reasons for such dismissalC !hould prima facie merit be found in the petition, the same shall be given due course and summons shall be served on the respondentC ;n< &ection !' !rocedureC .he procedure in ordinary civil cases shall be observedC !hould trial be necessary, the reception of the evidence may be referred to a member of the court or a judge of a Regional .rial 4ourtC ;n< &ection "' Effect of judgmentC / judgment of annulment shall set aside the 9uestioned judgment or final order or resolution and render the same null and void, without prejudice to the original action being refiled in the proper courtC Bowever, where the judgment or final order or resolution is set aside on the ground of e%trinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted thereinC ;n< &ection #' Suspension prescriptive periodC .he prescriptive period for the refiling of the aforesaid original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulmentC Bowever, the prescriptive period shall not be suspended where the e%trinsic7fraud is attributable to the plaintiff in the original actionC ;n< &ection $' Relief availableC .he judgment of annulment may include the award of damages, attorneyAs fees and other reliefC 2f the 9uestioned judgment or final order or resolution had already been e%ecuted the court may issue such orders of restitution or other relief as justice and e9uity may warrant under the circumstancesC ;n< &ection 1%' Annulment of judgments or final orders of (unicipal %rial $ourtsC /n action to annul a judgment or final order of a &unicipal .rial 4ourt shall be filed in the Regional .rial 4ourt having jurisdiction over the formerC 2t shall be treated as an ordinary civil action and sections 2, 3, @, #, $ and L of this Rule shall be applicable theretoC ;n<

R234 4# Preliminary .onference &ection 1' !reliminary conferenceC /t any time during the pendency of a case, the court may call the parties and their counsel to a preliminary conferenceC ;a< .o consider the possibility of an amicable settlement, e%cept when the case is not allowed by law to be compromised ;b< .o define, simplify and clarify the issues for determination8 ;c< .o formulate stipulations of facts and admissions of documentary e%hibits, limit the number of witnesses to be presented in cases falling within the original jurisdiction of the court, or those within its appellate jurisdiction where a motion for new trial is granted on the ground of newly discovered evidence8 and ;d< .o take up such other matters which may aid the court in the prompt disposition of the caseC ;Rule #, 4/ 2nternal Rules< ;n< &ection 2' Record of the conferenceC .he proceedings at such conference shall be recorded and, upon the conclusion thereof, a resolution shall be issued embodying all the actions taken therein, the stipulations and admissions made and the issues definedC ;n< &ection 3' 1inding effect of the results of the conferenceC !ubject to such modifications which may be made to prevent manifest injustice, the resolution in the preceding section shall control the subse9uent proceedings in the case unless,

within five ;5< days from notice thereof, any party shall satisfactorily show valid cause why the same should not be followedC ;n<

R234 4$ 5ral /rgument &ection 1' When allowedC /t its own instance or upon motion of a party, the court may hear the parties in oral argument on the merits of a case, or on any material incident in connection therewithC ;n< .he oral argument shall be limited to such matters as the court may specify in its order or resolutionC ;1a, R@$< &ection 2' $onduct of oral argumentC Knless authoriJed by the court, only one counsel may argue for a partyC .he duration allowed for each party, the se9uence of the argumentation, and all other related matters shall be as directed by the courtC ;n< &ection 3' o hearing or oral argument for motionsC &otions shall not be set for hearing and, unless the court otherwise directs, no hearing or oral argument shall be allowed in support thereofC .he adverse party may file objections to the motion within five ;5< days from service, upon the e%piration of which such motion shall be deemed submitted for resolutionC ;2L, R@L< ;Himplication) Rule 15 does not apply re9uiring both notice of hearing and proof of service8 herein, proof of service is only what is needed because hearing onloy happens when court directs so<

R234 %
Dismissal of /ppeal

5ule B1 is not a duty but a powerF hence directory only to court must really chec: if warranted!

&ection 1' 0rounds for dismissal of appealC /n appeal may be dismissed by the 4ourt of /ppeals, on its own motion or on that of the appellee, on the following grounds) ;a< 3ailure of the record on appeal to show on its face that the appeal was taken within the period fi%ed by these Rules8 ;b< 3ailure to file the notice of appeal or the record on appeal within the period prescribed by these Rules8 Ha jurisdictional matter8 can be dismissed outright because tantamount to abandonment of appeal8 the decision becomes 3(* ;c< 3ailure of the appellant to pay the docket and other lawful fees as provided in section 5, Rule @, and section @ of Rule @18 ;Dar &atter NoC $,3, 1# 3ebruary 1LL$< Honly in absence of 3/&(8 not applicable to pauper litigants ;d< KnauthoriJed alterations, omissions or additions in the approved record on appeal as provided in section @ of Rule @@8 ;e< 3ailure of the appellant to serve and file the re9uired number of copies of his brief or memorandum within the time provided by these Rules8 Hthis is not ipso facto, court must motu propio dismiss8 however court may reinstate upon timely &R ;15d<

Hnot a jurisdictional matter8 not necessarily dismissed outright because court can file e%tension of time ;if there is no &.'8 there is no material injury or other good reasons such as) negligence was not due the fault of parties, no objection from !tate, fake lawyer failed to file brief or he died8 or filing of brined involved a comparative study of many e%hibits Fre9uirements) good and sufficient cause and motion for e%tension if filed on timeG<

;f< /bsence of specific assignment of errors in the appellantAs brief, or of page references to the record as re9uired in section 13, paragraphs ;a<, ;c<, ;d< and ;f< of Rule @@8 ;g< 3ailure of the appellant to take the necessary steps for the correction or completion of the record within the time limited by the court in its order8 ;h< 3ailure of the appellant to appear at the preliminary conference under Rule @$ or to comply with orders, circulars, or directives of the court without justifiable cause8 and ;i< .he fact that the order or judgment appealed from is not appealableC ;1a< &ection 2' )ismissal of improper appeal to the $ourt of AppealsC /n appeal under Rule @1 taken from the Regional .rial 4ourt to the 4ourt of /ppeals raising only 9uestions of law shall be dismissed, issues purely of law not being reviewable by said courtC !imilarly, an appeal by notice of appeal instead of by petition for review from the appellate judgment of a Regional .rial 4ourt shall be dismissedC ;n< /n appeal erroneously taken to the 4ourt of /ppeals shall not be transferred to the appropriate court but shall be dismissed outrightC ;3a< &ection 3' Withdrawal of appealC /n appeal may be withdrawn as of right at any time before the filing of the appelleeAs briefC .hereafter, the withdrawal may be allowed in the discretion of the courtC ;@a< R234 1 ;udgment 0)ased on /rt #- &ec 1 of .onsti1 &ection 1' When case deemed submitted for judgmentC / case shall be deemed submitted for judgment) /C 2n ordinary appealsC 1< Ihere no hearing on the merits of the main case is held, upon the filing of the last pleading, brief, or memorandum re9uired by the Rules or by the court itself, or the e%piration of the period for its filingC 2< Ihere such a hearing is held, upon its termination or upon the filing of the last pleading or memorandum as may be re9uired or permitted to be filed by the court, or the e%piration of the period for its filingC DC 2n original actions and petitions for reviewC 1< Ihere no comment is filed, upon the e%piration of the period to commentC 2< Ihere no hearing is held, upon the filing of the last pleading re9uired or permitted to be filed by the court, or the e%piration of the period for its filingC 3< Ihere a hearing on the merits of the main case is held, upon its termination or upon the filing of the last pleading or memorandum as may be re9uired or permitted to be filed by the court, or the e%piration of the period for its filingC ;n< &ection 2' 1y whom renderedC .he judgment shall be rendered by the members of the court who participated in the deliberation on the merits of the case before its assignment to a member for the writing of the decisionC ;n<

Heven if not present, can be rendered by non7participants if when submitted for decision they become part of division ;unless there is written manifestation to the contrary< &ection 3' .uorum and voting in the courtC .he participation of all three *ustices of a division shall be necessary at the deliberation and the unanimous vote of the three *ustices shall be re9uired for the pronouncement of a judgment or final resolutionC 2f the three justices do not reach a unanimous vote, the clerk shall enter the votes of the dissenting *ustices in the recordC .hereafter, the 4hairman of the division shall refer the case, together with the minutes of the deliberation, to the +residing *ustice who shall designate two *ustices chosen by raffle from among all the other members of the court to sit temporarily with them, forming a special division of five *usticesC .he participation of all the five members of the special division shall be necessary for the deliberation re9uired in section 2 of this Rule and the concurrence of a majority of such division shall be re9uired for the pronouncement of a judgment or final resolutionC ;2a< &ection 4' )isposition of a caseC .he 4ourt of /ppeals, in the e%ercise of its appellate jurisdiction, may affirm, reverse, or modify the judgment or final order appealed from, and may direct a new trial or further proceedings to be hadC ;3a< &ection ' /orm of decisionC (very decision or final resolution of the court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed fromC ;!ecC @,, D+ DlgC 12L< ;n< &ection !' "armless errorC No error in either the admission or the e%clusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the trial court or by any of the parties is ground for granting a new trial or for setting aside, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justiceC .he court at every stage of the proceeding must disregard any error or defect which does not affect the substantial rights of the partiesC ;5a< &ection "' #udgment where there are several partiesC 2n all actions or proceedings, an appealed judgment may be affirmed as to some of the appellants, and reversed as to others, and the case shall thereafter be proceeded with, so far as necessary, as if separate actions had been begun and prosecuted, and e%ecution of the judgment of affirmance may be had accordingly, and costs may be adjudged in such cases, as the court shall deem properC ;"< &ection #' .uestions that may be decidedC No error which does not affect the jurisdiction over the subject matter or the validity of the judgment appealed from or the proceedings therein will be considered unless stated in the assignment of errors, or closely related to or dependent on an assigned error and properly argued in the brief, save as the court may pass upon plain errors and clerical errorsC ;#a<

@5> only errors assigned can be raised 72ceptions o o o o o @rounds affecting jurisdiction Plain or clerical errors 7rrors necessarily included for just and complete decision 5aised in ?C but ?C ignored 7rrors closely related

&ection $' !romulgation and notice of judgmentC /fter the judgment or final resolution and dissenting or separate opinions, if any, are signed by the *ustices taking part, they shall be delivered for filing to the clerk who shall indicate thereon the date of promulgation and cause true copies thereof to be served upon the parties or their counselC ;n< &ection 1%' Entry of judgments and final resolutionsC 2f no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk in the book of entries of judgmentsC .he date when the judgment or final resolution becomes e%ecutory shall be deemed as the date of its entryC .he record shall contain the dispositive part of the judgment or final resolution and shall be signed by the clerk, with a certificate that such judgment or final resolution has become final and e%ecutoryC ;2a, R3"<

&ection 11' Execution of judgmentC (%cept where the judgment or final order or resolution, or a portion thereof, is ordered to be immediately e%ecutory, the motion for its e%ecution may only be filed in the proper court after its entryC 2n original actions in the 4ourt of /ppeals, its writ of e%ecution shall be accompanied by a certified true copy of the entry of judgment or final resolution and addressed to any appropriate officer for its enforcementC 2n appealed cases, where the motion for e%ecution pending appeal is filed in the 4ourt of /ppeals at a time that it is in possession of the original record or the record on appeal, the resolution granting such motion shall be transmitted to the lower court from which the case originated, together with a certified true copy of the judgment or final order to be e%ecuted, with a directive for such court of origin to issue the proper writ for its enforcementC ;n<

R234 2 <otion for Reconsideration &ection 1' !eriod for filingC / party may file a motion for reconsideration of a judgment or final resolution within fifteen ;15< days from notice thereof, with proof of service on the adverse partyC ;n< &ection 2' Second motion for reconsiderationC No second motion for reconsideration of a judgment or final resolution by the same party shall be entertainedC ;n< ;unless on special grounds needing :64<8 ;e%ception) non7final judgment iCeC interlocutory orders< &ection 3' Resolution of motionC 2n the 4ourt of /ppeals, a motion for reconsideration shall be resolved within ninety ;L,< days from the date when the court declares it submitted for resolutionC ;n< &ection 4' Stay of executionC .he pendency of a motion for reconsideration filed on time and by the proper party shall stay the e%ecution of the judgment or final resolution sought to be reconsidered unless the court, for good reasons, shall otherwise directC ;n<

R234 3 (ew 7rial &ection 1' !eriod for filing8 groundC /t any time after the appeal from the lower court has been perfected and before the 4ourt of /ppeals loses jurisdiction over the case, a party may file a motion for a new trial on the ground of newly discovered evidence which could not have been discovered prior to the trial in the court below by the e%ercise of due diligence and which is of such a character as would probably change the resultC .he motion shall be accompanied by affidavits showing the facts constituting the grounds therefor and the newly discovered evidenceC ;1a< &ection 2' "earing and orderC .he 4ourt of /ppeals shall consider the new evidence together with that adduced at the trial below, and may grant or refuse a new trial, or may make such order, with notice to both parties, as to the taking of further testimony, either orally in court, or by depositions, or render such other judgment as ought to be rendered upon such terms as it may deem justC ;2a< &ection 3' Resolution of motionC 2n the 4ourt of /ppeals, a motion for new trial shall be resolved within ninety ;L,< days from the date when the court declares it submitted for resolutionC ;n< &ection 4' !rocedure in new trialC Knless the court otherwise directs, the procedure in the new trial shall be the same as that granted by a Regional .rial 4ourtC ;3a<

R234 4 =nternal >usiness

&ection 1' )istribution of cases among divisionsC /ll the cases of the 4ourt of /ppeals shall be allotted among the different divisions thereof for hearing and decisionC .he 4ourt of /ppeals, sitting en banc, shall make proper orders or rules to govern the allotment of cases among the different divisions, the constitution of such divisions, the regular rotation of *ustices among them, the filing of vacancies occurring therein, and other matters relating to the business of the court8 and such rules shall continue in force until repealed or altered by the !upreme 4ourtC ;1a< &ection 2' .uorum of the courtC / majority of the actual members of the court shall constitute a 'uorum for its sessions en bancC .hree members shall constitute a 'uorum for the sessions of a divisionC .he affirmative votes of the majority of the members present shall be necessary to pass a resolution of the court en bancC .he affirmative votes of three members of a division shall be necessary for the pronouncement of a judgment or final resolution, which shall be reached in consultation before the writing of the opinion by any member of the divisionC ;!ecC 11, first parC of D+ DlgC 12L, as amended by !ecC " of (6 33<C ;3a<

R234 Pu)lications of ;udgments and 6inal Resolutions &ection 1' !ublicationC .he judgments and final resolutions of the court shall be published in the 6fficial 1aJette and in the Reports officially authoriJed by the court in the language in which they have been originally written, together with the syllabi therefor prepared by the reporter in consultation with the writers thereofC &emoranda of all other judgments and final resolutions not so published shall be made by the reporter and published in the 6fficial 1aJette and the authoriJed reportsC ;1a< &ection 2' !reparation of opinions for publicationC .he reporter shall prepare and publish with each reported judgment and final resolution a concise synopsis of the facts necessary for a clear understanding of the case, the names of counsel, the material and controverted points involved, the authorities cited therein, and a syllabus which shall be confined to points of lawC ;!ecC 22a, RC/C NoC 2L"< ;n< &ection 3' 0eneral make2up of volumesC .he published decisions and final resolutions of the !upreme 4ourt shall be called E+hilippine Reports,E while those of the 4ourt of /ppeals shall be known as the E4ourt of /ppeals ReportsCE (ach volume thereof shall contain a table of the cases reported and the cases cited in the opinions, with a complete alphabetical inde% of the subject matters of the volumeC 2t shall consist of not less than seven hundred pages printed upon good paper, well bound and numbered consecutively in the order of the volumes publishedC ;!ecC 23a, RC/C NoC 2L"< ;n<

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Procedure =n 7he &upreme .ourt

R234 ! /' 5riginal .ases &ection 1' Original cases cogni3ableC 6nly petitions for certiorari, prohibition, mandamus, 'uo warranto, habeas corpus, disciplinary proceedings against members of the judiciary and attorneys, and cases affecting ambassadors, other public ministers and consuls may be filed originally in the !upreme 4ourtC ;n< &ection 2' Rules applicableC .he procedure in original cases for certiorari, prohibition, mandamus, 'uo warranto and habeas corpus shall be in accordance with the applicable provisions of the 4onstitution, laws, and Rules @", @$, @L, 51, 52 and this Rule, subject to the following provisions) a< /ll references in said Rules to the 4ourt of /ppeals shall be understood to also apply to the !upreme 4ourt8

b< .he portions of said Rules dealing strictly with and specifically intended for appealed cases in the 4ourt of /ppeals shall not be applicable8 and c< (ighteen ;1$< clearly legible copies of the petition shall be filed, together with proof of service on all adverse partiesC .he proceedings for disciplinary action against members of the judiciary shall be governed by the laws and Rules prescribed therefor, and those against attorneys by Rules 13L7D, as amendedC ;n< >' /ppealed .ases &ection 3' (ode of appealC /n appeal to the !upreme 4ourt may be taken only by a petition for review on certiorari, e%cept in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonmentC ;n< &ection 4' !rocedureC .he appeal shall be governed by and disposed of in accordance with the applicable provisions of the 4onstitution, laws, Rules @5, @$, sections 1, 2, and 5 to 11 of Rule 51, 52 and this RuleC ;n< &ection ' 0rounds for dismissal of appealC .he appeal may be dismissed motu proprio or on motion of the respondent on the following grounds) ;a< 3ailure to take the appeal within the reglementary period8 ;b< :ack of merit in the petition8 ;c< 3ailure to pay the re9uisite docket fee and other lawful fees or to make a deposit for costs8 ;d< 3ailure to comply with the re9uirements regarding proof of service and contents of and the documents which should accompany the petition8 ;e< 3ailure to comply with any circular, directive or order of the !upreme 4ourt without justifiable cause8 ;f< (rror in the choice or mode of appeal8 and ;g< .he fact that the case is not appealable to the !upreme 4ourtC ;n< &ection !' )isposition of improper appealC (%cept as provided in section 3, Rule 122 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the !upreme 4ourt by notice of appeal shall be dismissedC /n appeal by certiorari taken to the !upreme 4ourt from the Regional .rial 4ourt submitting issues of fact may be referred to the 4ourt of /ppeals for decision or appropriate actionC .he determination of the !upreme 4ourt on whether or not issues of fact are involved shall be finalC ;n< &ection "' !rocedure if opinion is e'ually dividedC Ihere the court en banc is e9ually divided in opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the court shall be dismissed, in appealed cases, the judgment or order appealed from shall stand affirmed8 and on all incidental matters, the petition or motion shall be deniedC <rticle 2,,,: &udicial Department 9ection 1. 4he judicial power shall be ested in one 9upreme "ourt and in such lower courts as may be established by law. &udicial power includes the duty of the courts of justice to settle actual contro ersies in ol ing rights which are legally demandable and enforceable8 and to determine whether or not there has been a gra e abuse of discretion amounting to lac/ or excess of jurisdiction on the part of any branch or instrumentality of the @o ernment. 9ection %. 4he "ongress shall ha e the power to define8 prescribe8 and apportion the jurisdiction of the arious courts but may not depri e the 9upreme "ourt of its jurisdiction o er cases enumerated in 9ection ) hereof. ?o law shall be passed reorganizing the &udiciary when it under$mines the security of tenure of its >embers.

9ection +. 4he &udiciary shall enjoy fiscal autonomy. <ppropriations for the &udiciary may not be reduced by the legislature below the amount appropriated for the pre ious year and8 after appro al8 shall be automatically and regularly released. 9ection -. 1. %. 4he 9upreme "ourt shall be composed of a "hief &ustice and fourteen <ssociate &ustices. ,t may sit en banc or in its discretion8 in di ision of three8 fi e8 or se en >embers. <ny acancy shall be filled within ninety days from the occurrence thereof. <ll cases in ol ing the constitutionality of a treaty8 international or executi e agreement8 or law8 which shall be heard by the 9upreme "ourt en banc8 and all other cases which under the Bules of "ourt are required to be heard en banc8 including those in ol ing the constitutionality8 application8 or operation of presidential decrees8 proclamations8 orders8 instructions8 ordinances8 and other regulations8 hall be decided with the concurrence of a majority of the >embers who actually too/ part in the deliberations on the issues in the case and oted thereon. "ases or matters heard by a di ision shall be decided or resol ed with the concurrence of a majority of the >embers who actually too/ part in the deliberations on the issues in the case and oted thereon8 and in no case8 without the concurrence of at least three of such >embers. When the required number is not obtained8 the case shall be decided en banc: :ro ided8 that no doctrine or principle of law laid down by the court in a decision rendered en banc or in di ision may be modified or re ersed except by the court sitting en banc.

+.

9ection ). 4he 9upreme "ourt shall ha e the following powers: 1. Exercise original jurisdiction o er cases affecting ambassadors8 other public ministers and consuls8 and o er petitions for certiorari8 prohibition8 mandamus, quo warranto8 and habeas corpus. %. Be iew8 re ise8 re erse8 modify8 or affirm on appeal or certiorari as the law or the Bules of "ourt may pro ide8 final judgments and orders of lower courts in: a. <ll cases in which the constitutionality or alidity of any treaty8 international or executi e agreement8 law8 presidential decree8 proclamation8 order8 instruction8 ordinance8 or regulation is in question. b. <ll cases in ol ing the legality of any tax8 impost8 assessment8 or toll8 or any penalty imposed in relation thereto. c. <ll cases in which the jurisdiction of any lower court is in issue. d. <ll criminal cases in which the penalty imposed is reclusion perpetua or higher. e. <ll cases in which only an error or question of law is in ol ed. +. <ssign temporarily judges of lower courts to other stations as public interest may require. 9uch temporary assignment shall not exceed six months without the consent of the judge concerned. -. =rder a change of enue or place of trial to a oid a miscarriage of justice. ). :romulgate rules concerning the protection and enforcement of constitutional rights8 pleading8 practice8 and procedure in all courts8 the admission to the practice of law8 the ,ntegrated Aar8 and legal assistance to the underpri ileged. 9uch rules shall pro ide a simplified and inexpensi e procedure for the speedy disposition of cases8 shall be uniform for all courts of the same grade8 and shall not diminish8 increase8 modify substanti e rights. Bules of procedure of special courts and quasi$judicial bodies shall remain effecti e unless disappro ed by the 9upreme "ourt. .. <ppoint all officials and employees of the &udiciary in accordance with the "i il 9er ice ;aw. 9ection .. 4he 9upreme "ourt shall ha e administrati e super ision o er all courts and the personnel thereof. 9ection 0. 1. %. +. ?o person shall be appointed >ember of the 9upreme "ourt or any lower collegiate court unless he is a natural$born citizen of the :hilippines. < >ember of the 9upreme "ourt must be at least forty years of age8 and must ha e been for fifteen years or more a judge of a lower court or engaged in the practice of law in the :hilippines. 4he "ongress shall prescribe the qualifications of judges of lower courts8 but no person may be appointed judge thereof unless he is a citizen of the :hilippines and a member of the :hilippine Aar. < >ember of the &udiciary must be a person of pro en competence8 integrity8 probity8 and independence.

9ection 1. 1. < &udicial and Aar "ouncil is hereby created under the super ision of the 9upreme "ourt composed of the "hief &ustice as ex officio "hairman8 the 9ecretary of &ustice8 and a representati e of the "ongress as ex officio >embers8 a representati e of the ,ntegrated Aar8 a professor of law8 a retired >ember of the 9upreme "ourt8 and a representati e of the pri ate sector. %. 4he regular members of the "ouncil shall be appointed by the :resident for a term of four years with the consent of the "ommission on <ppointments. =f the >embers first appointed8 the representati e of the ,ntegrated Aar shall ser e for four years8 the professor of law for three years8 the retired &ustice for two years8 and the representati e of the pri ate sector for one year.

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-. ).

4he "ler/ of the 9upreme "ourt shall be the 9ecretary ex officio of the "ouncil and shall /eep a record of its proceedings. 4he regular >embers of the "ouncil shall recei e such emoluments as may be determined by the 9upreme "ourt. 4he 9upreme "ourt shall pro ide in its annual budget the appropriations for the "ouncil. 4he "ouncil shall ha e the principal function of recommending appointees to the &udiciary. ,t may exercise such other functions and duties as the 9upreme "ourt may assign to it.

9ection 3. 4he >embers of the 9upreme "ourt and judges of lower courts shall be appointed by the :resident from a list of at least three nominees prepared by the &udicial and Aar "ouncil for e ery acancy. 9uch appointments need no confirmation. (or the lower courts8 the :resident shall issue the appointments within ninety days from the submission of the list.

9ection 15. 4he salary of the "hief &ustice and of the <ssociate &ustices of the 9upreme "ourt8 and of judges of lower courts shall be fixed by law. During their continuance in office8 their salary shall not be decreased. 9ection 11. 4he >embers of the 9upreme "ourt and judges of lower courts shall hold office during good beha ior until they reach the age of se enty years or become incapacitated to discharge the duties of their office. 4he 9upreme "ourt en banc shall ha e the power of discipline judges of lower courts8 or order their dismissal by a ote of a majority of the >embers who actually too/ part in the deliberations on the issues in the case and oted thereon. 9ection 1%. 4he >embers of the 9upreme "ourt and of other courts established by law shall not be designated to any agency performing quasi$ judicial or administrati e functions. 9ection 1+. 4he conclusions of the 9upreme "ourt in any case submitted to it for decision en banc or in di ision shall be reached in consultation before the case is assigned to a >ember for the writing of the opinion of the "ourt. < certification to this effect signed by the "hief &ustice shall be issued and a copy thereof attached to the record of the case and ser ed upon the parties. <ny >embers who too/ no part8 or dissented8 or abstained from a decision or resolution must state the reason therefor. 4he same requirements shall be obser ed by all lower collegiate courts. 9ection 1-. ?o decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based. ?o petition for re iew or motion for reconsideration of a decision of the court shall be refused due course or denied without stating the legal basis therefor. 9ection 1).

1.
%. +. -.

<ll cases or matters filed after the effecti ity of this "onstitution must be decided or resol ed within twenty$four months from date of submission for the 9upreme "ourt8 and8 unless reduced by the 9upreme "ourt8 twel e months for all lower collegiate courts8 and three months for all other lower courts. < case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading8 brief8 or memorandum required by the Bules of "ourt or by the court itself. Cpon the expiration of the corresponding period8 a certification to this effect signed by the "hief &ustice or the presiding judge shall forthwith be issued and a copy thereof attached to the record of the case or matter8 and ser ed upon the parties. 4he certification shall state why a decision or resolution has not been rendered or issued within said period. Despite the expiration of the applicable mandatory period8 the court8 without prejudice to such responsibility as may ha e been incurred in consequence thereof8 shall decide or resol e the case or matter submitted thereto for determination8 without further delay.

9ection 1.. 4he 9upreme "ourt shall8 within thirty days from the opening of each regular session of the "ongress8 submit to the :resident and the "ongress an annual report on the operations and acti ities of the &udiciary.

P5O3#8#O*A? 57'70#78 1. 0efinition of Provisional 5emedies> those to which parties litigant may resort for the preservation or protection of their rights or interest applied to a pending litigation or even after judgment . ". Purpose of P5> a. 8ecuring the judgment b. Preserving the status .uo c. -o preserve or dispose of the subject matter ). -ypes a. Attachment b. P# c. 5eceivership d. 5eplevin e. Alimony Pendente ?ite P57?#'#*A5P A--AC,'7*1. 0efinition>

a. A provisional remedy where the party can have the property of the adverse attached as security for satisfaction of any judgment b. #t is a provisional remedy in virtue of which a plaintiff or other party may at the commencement of the action or any time thereafter% have the property of the adverse party ta:en into custody of the court as security for the satisfaction of the judgmentF it is a remedy which is -'rel. stat'tor. in respect of which the law re.uires strict construction c. A PA is a rigorous remedy which e2posed the debtor to humiliation and annoyance% hence% strictly construed. d. Attachment is a proceeding in rem e. #t is already a right as high as mortgage lien ". Purpose a. 8ecure the outcome of the trial b. 8ecure a contingent lien on defendant9s property until plaintiff can by appropriate proceedings% obtain a judgment and have such property applied to its satisfaction c. #mplication i. PA cannot be ad if the indebtedness is already secured 1. reason> prevent the secured to tie up more of debtor9s property as needed ii. several writs can be issued to sheriffs of courts of different judicial regions ). @rounds
;a< 2n an action for the recovery of a specified amount of money or damages, other than moral and e%emplary, on a cause of action arising from law, contract, 9uasi7contract, delict or 9uasi7delict against a party who is about to depart from the +hilippines with intent to defraud his creditors8

must be shown that the defendant is about to depart with intent to defraud there must be demand and the debt is due and payable the attachment must not be for moral% e2emplary or unspecified damages

;b< 2n an action for money or property embeJJled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty8 ;c< 2n an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property, or any part thereof, has been concealed, removed, or disposed of to prevent its being found or taken by the applicant or an authoriJed person8 ;d< 2n an action against a party who has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, or in the performance thereof8

insolvency is not a ground

e< 2n an action against a party who has removed or disposed of his property, or is about to do so, with intent to defraud his creditors8 or

actual transfer is not necessary for this ground to ta:e effectF it depends on facts and circumstances the ground must be really alleged

inability to pay is not necessarily fraud

;f< 2n an action against a party who does not reside and is not found in the +hilippines, or on whom summons may be served by publicationC ;1a<

4. -ime> a. When> ;At the commencement of action or any time prior entry of judgment< b. -hrough> e2 parte or motion with notice and hearing in pending court i. 72ception> when the adverse party gives a bond c. *eed for summons in i. 8tage 1 Q " $ not needed ii. =ut for implementation purposes% or stage ) $ yesM 1. reason to ma:e it binding iii. 8tages of WoA 1. Order granting application ". #ssuance of writ ). #mplementation of writ B. 5e.uisites must haves in the affidavit! i. Affidavit shows CoA as per sec 1% 5ule BD ii. -here is no other sufficient security iii. -he affidavit and bond is filed 1. =ond shows that the applicant will pay cost adjudged to AP and all damages by reason of attachment ". if not% attachment is void ). 0efects must be raised early on% else waived iv. Attachment can be not had by filing of counterbond v. -he amount due the applicant is much as the amount granted by the order above all legal counterclaims C. #mplementation of Writ or the 'anner of Attaching the Property 8ec B! a. -he attached property by the sheriff must be sufficient% and must not included e2empted properties i. 72empt Properties 1. 8ee 5ule )J and other statutory e2emptions ". ?aborer9s wages ). *ot the propert of defendant b. -here must be preceded or contemporaneous service of summons with copy of complaint% application for attachment and applicant9s affidavit and bond and order of writ of attachment i. 72cept> 1. personal or substituted service despite diligent efforts cannot be had ". temporary resident ). non&resident 4. action is in rem or .uasi in rem c. -here must be a sheriff9s return > with inventory% counterbond and service of notice d. -here must be recordingKattachment of real and personal property where sheriff must ta:e actual% e2clusive and adverse possession with control

&ection "' Attachment of real and personal property8 recording thereof, Real and personal property shall be attached by the sheriff e%ecuting the writ in the following manner) ;a< Real property, or growing crops thereon, or any interest therein, standing upon the record of the registry of deeds of the province in the name of the party against whom attachment is issued, or not appearing at all upon such records, or belonging to the party against whom attachment is issued and held by any other person, or standing on the records of the registry of deeds in the name of any other person, by filing with the registry of deeds a copy of the order, together with a description of the property attached, and a notice that it is attached, or that such real property and any interest therein held by or standing in the name of such other person are attached, and by leaving a copy of such order, description, and notice with the occupant of the property, if any, or with such other person or his agent if found within the provinceC Ihere the property has been brought under the operation of either the :and Registration /ct or the +roperty Registration 'ecree, the notice shall contain a reference to the number of the certificate of title, the volume and page in the registration book where the certificate is registered, and the registered owner or owners thereofC .he registrar of deeds must inde% attachments filed under this section in the names of the applicant, the adverse party, or the person by whom the property is held or in whose name it stands in the recordsC 2f the attachment is not claimed on the entire area of the land covered by the certificate of title, a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment8 ;b< +ersonal property capable of manual delivery, by taking and safely keeping it in his custody, after issuing the corresponding receipt thereforC ;c< !tocks or shares, or an interest in stocks or shares, of any corporation or company, by leaving with the president or managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the party against whom the attachment is issued is attached in pursuance of such writ8 ;d< 'ebts and credits, including bank deposits, financial interest, royalties, commissions and other personal property not capable of manual delivery, by leaving with the person owing such debts, or having in his possession or under his control, such credits or other personal property, or with his agent, a copy of the writ, and notice that the debts owing by him to the party against whom attachment is issued, and the credits and other personal property in his possession, or under his control, belonging to said party, are attached in pursuance of such writ8 ;e< .he interest of the party against whom attachment is issued in property belonging to the estate of the decedent, whether as heir, legatee, or devisee, by serving the e%ecutor or administrator or other personal representative of the decedent with a copy of the writ and notice that said interest is attachedC / copy of said writ of attachment and of said notice shall also be filed in the office of the clerk of the court in which said estate is being settled and served upon the heir, legatee or devisee concernedC

D. 7ffects of Attachment
&ection #' Effect of attachment of debts, credits and all other similar personal propertyC /ll persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued, or owing any debts to him, at the time of service upon them of the copy of the writ of attachment and notice as provided in the last preceding section, shall be liable to the applicant for the amount of such credits, debts or other similar personal property, until the attachment is discharged, or any judgment recovered by him is satisfied, unless such property is delivered or transferred, or such debts are paid, to the clerk, sheriff, or other proper officer of the court issuing the attachmentC ;$a< &ection $' Effect of attachment of interests in property belonging to the estate of a decedentC .he attachment of the interest of an heir, legatee, or devisee in the property belonging to the estate of a decedent shall not impair the powers of the e%ecutor, administrator, or other personal representative of the decedent over such property for the purpose of administrationC !uch personal representative, however, shall report the attachment to the court when any petition for distribution is filed, and in the order made upon such petition, distribution may be awarded to such heir, legatee or devisee, but the property attached shall be ordered delivered to the sheriff making the levy, subject to the claim of such heir, legatee, or devisee, or any person claiming under himC ;La< &ection 1%' Examination of party whose property is attached and persons indebted to him or controlling his property8 delivery of property to sheriff, /ny person owing debts to the party whose property is attached or having in his possession or under his control any credit or other personal property belonging to such party, may be re9uired to attend before the court in which the action is pending, or before a commissioner appointed by the court, and be e%amined on

oath respecting the sameC .he party whose property is attached may also be re9uired to attend for the purpose of giving information respecting his property, and may be e%amined on oathC .he court may, after such e%amination, order personal property capable of manual delivery belonging to him, in the possession of the person so re9uired to attend before the court, to be delivered to the clerk of the court or sheriff on such terms as may be just, having reference to any lien thereon or claim against the same, to await the judgment in the actionC ;1,a<

a.

@arnishment $ specie of attachment by means of which the plaintiff see:s to subject to his claim property of defendant in the hands of a stranger called garnishee i. Obligation of @arnishee $ pay the new creditorK obey the garnishment to release him from liabilityF if not% creditor can have same action or from separate action ii. -he garnished property is considered in custodia legis

b.

Continuity of Attachment i. Continues until debt is paid or sale is had under e2ecution or until judgment is satisfied or other means as provided by law ii. Compromise agreement does not e2tinguish it

E. 0ischarge of Attachment a. 3ia Counterbond i. C= replaces the property attachedF but not automatic there must be notice and hearing 1. to lift order of garnishment% there must be> a. counterbond b. order was improperly issued i.e. there is no ground or bond was insufficient ii. this strategy is available before or after property has been leased from a levy on attachmentF and option a does not preclude option b iii. *ote> types of bonds 1. applicant9s bond $ for damages ". counterbond $ to secure payment of judgment
/fter a writ of attachment has been enforced, the party whose property has been attached, or the person appearing on his behalf, may move for the discharge of the attachment wholly or in part on the security givenC .he court shall, after due notice and hearing, order the discharge of the attachment if the movant makes a cash deposit, or files a counter7bond e%ecuted to the attaching party with the clerk of the court where the application is made, in an amount e9ual to that fi%ed by the court in the order of attachment, e%clusive of costsC Dut if the attachment is sought to be discharged with respect to a particular property, the counter7bond shall be e9ual to the value of that property as determined by the courtC 2n either case, the cash deposit or the counter7bond shall secure the payment of any judgment that the attaching party may recover in the actionC / notice of the deposit shall forthwith be served on the attaching partyC Kpon the discharge of an attachment in accordance with the provisions of this section, the property attached, or the proceeds of any sale thereof, shall be delivered to the party making the deposit or giving the counter7bond, or to the person appearing on his behalf, the deposit or counter7bond aforesaid standing in place of the property so releasedC !hould such counter7bond for any reason be found to be or become insufficient, and the party furnishing the same fail to file an additional counter7bond, the attaching party may apply for a new order of attachmentC ;12a<

b. 3ia Other @rounds


&ection 13' )ischarge of attachment on other groundsC .he party whose property has been ordered attached may file a motion with the court in which he action is pending, before or after levy or even after the release of the attached property, for an order to set aside or discharge the attachment on the ground that the same was improperly or irregularly issued or enforced, or that the bond is insufficientC 2f the attachment is e%cessive, the discharge shall be limited to the e%cessC 2f the motion be made on affidavits on the part of the movant but not otherwise, the attaching party may oppose

the motion by counter7affidavits or other evidence in addition to that on which the attachment was madeC /fter due notice and hearing, the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it was improperly or irregularly issued or enforced, or that the bond is insufficient, or that the attachment is e%cessive, and the defect is not cured forthwithC ;13a<

J. 8atisfaction of judgment via attachment a. ,ow


2f judgment be recovered by the attaching party and e%ecution issue thereon, the sheriff may cause the judgment to be satisfied out of the property attached, if it be sufficient for that purpose in the following manner) ;a< Dy paying to the judgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court, or so much as shall be necessary to satisfy the judgment8 ;b< 2f any balance remains due, by selling so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in the sheriffAs hands, or in those the clerk of the court8 ;c< Dy collecting from all persons having in their possession credits belonging to the judgment obligor, or owing debts to the latter at the time of the attachment of such credits or debts, the amount of such credits and debts as determined by the court in the action, and stated in the judgment, and paying the proceeds of such collection over to the judgment obligeeC .he sheriff shall forthwith make a return in writing to the court of his proceedings under this section and furnish the parties with copies thereofC ;15a<

b. #f there is e2cess
1alance due collected upon an execution8 excess delivered to judgment obligorC 2f after realiJing upon all the property attached, including the proceeds of any debts or credits collected, and applying the proceeds to the satisfaction of the judgment less the e%penses of proceedings upon the judgment any balance shall remain due, the sheriff must proceed to collect such balance as upon ordinary e%ecutionC Ihenever the judgment shall have been paid, the sheriff, upon reasonable demand, must return to the judgment obligor the attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the judgmentC ;1"a<

c. 5ecovery upon Counterbond


Recovery upon the counter2bondC Ihen the judgment has become e%ecutory, the surety or sureties on any counter7 bond given pursuant to the provisions of this Rule to secure the payment of the judgment shall become charged on such counter7bond and bound to pay the judgment obligee upon demand the amount due under the judgment, which amount may be recovered from such surety or sureties after notice and summary hearing in the same actionC ;1#a<

i. *ote> there is no need that the e2ecution be first unsatisfied ii. 5e.uisites 1. creditor demands upon the surety for satisfaction of e2ecution ". surety be given notice and summary hearing in the same action d. 5ecovery upon 0eposit
)isposition of money depositedC Ihere the party against whom attachment had been issued has deposited money instead of giving counter7bond, it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party, and after satisfying the judgment the balance shall be refunded to the depositor or his assigneeC 2f the judgment is in favor of the party against whom attachment was issued, the whole sum deposited must be refunded to him or his assigneeC ;1$a<

11. #f the applicant lost a. judgment is satisfied through>


)isposition of attached property where judgment is for party against whom attachment was issued C 2f judgment be rendered against the attaching party, all the proceeds of sales and money collected or received by the sheriff, under the

order of attachment, and all property attached remaining in any such officerAs hands, shall be delivered to the party against whom attachment was issued, and the order of attachment dischargedC ;1La<

b. claim for damages> i. 5e.uisites 1. application before the court with jurisdiction to trial court r even court of appeals! by motion or counterclaim with notice to surety who has been given opportunity to present such defense and to cross e2amine ". action is before judgment becomes final and e2ecutory ). statement of facts showing applicant9s right and amount thereof 4. due notice to surety B. holding of proper hearing C. it must be filed in the same action% else barred a. e2ceptions lac: of jurisdiction consolidation of action 1. unless 5+ sets in as when the attachment was proper ". another mode will be> malicious prosecution appeal damages to the court of appeals ii. 'easure of damages 1. applicant is liable only for actual damages% unless there is bad faith% he can be liable for e2emplary damages a. this refers to all damages :esyo pending or appeal ". iii. the counterbond does not relieve her from liability
$laim for damages on account of improper, irregular or excessive attachmentC /n application for damages on account of improper, irregular or e%cessive attachment must be filed before the trial or before appeal is perfected or before the judgment becomes e%ecutory, with due notice to the attaching party and his surety or sureties setting forth the facts showing his right to damages and the amount thereofC !uch damages may be awarded only after proper hearing and shall be included in the judgment on the main caseC 2f the judgment of the appellate court be favorable to the party against whom the attachment was issued he must claim damages sustained during the pendency of the appeal by filing an application in the appellate court, with notice to the party in whose favor the attachment was issued or his surety or sureties, before the judgment of the appellate court becomes e%ecutoryC .he appellate court may allow the application to be heard and decided by the trial courtC Nothing herein contained shall prevent the party against whom the attachment was issued from recovering in the same action the damages awarded to him from any property of the attaching party not e%empt from e%ecution should the bond or deposit given by the latter be insufficient or fail to fully satisfy the awardC ;2,a<

11. 'iscellaneous a. Proceedings where property claimed by )p

i. #f the property is owned by )p% the attachment is void 1. how> through intervention

2f the property attached is claimed by any person other than the party against whom attachment had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds of such right or title, and serves such affidavit upon the sheriff while the latter has possession of the attached property, and a copy thereof upon the attaching party, the sheriff shall not be bound to keep the property under attachment, unless the attaching party or his agent, on demand of the sheriff, shall file a bond approved by the court to indemnify the third7party claimant in a sum not less than the value of the property levied uponC 2n case of disagreement as to such value, the same shall be decided by the court issuing the writ of attachmentC No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty ;12,< days from the date of the filing of the bondC .he sheriff shall not be liable for damages for the taking or keeping of such property to any such third7party claimant, if such bond shall be filedC Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property, or prevent the attaching party from claiming damages against a third7party claimant who filed a frivolous or plainly spurious claim, in the same or a separate actionC Ihen the writ of attachment is issued in favor of the Republic of the +hilippines, or any officer duly representing it, the filing of such bond shall not be re9uired, and in case the sheriff is sued for damages as a result of the attachment, he shall be represented by the !olicitor 1eneral, and if held liable therefor, the actual damages adjudged by the court shall be paid by the National .reasurer out of the funds to be appropriated for the purposeC ;1@a<

b.

5eceivership and attachment has its e.ual parts to remedies with regard to ;ill&gotten wealth< i. 8e.uestration ii. 6ree(e orders iii. Provisional ta:e over

P57?#'#*A5P #*+GC-#O* 1. 0efinition


&ection 1' !reliminary injunction defined8 classesC / preliminary injunction is an order granted at any stage of an action or proceeding prior to the judgment or final order, re9uiring a party or a court, agency or a person to refrain from a particular act or actsC 2t may also re9uire the performance of a particular act or acts, in which case it shall be known as a preliminary mandatory injunctionC

". Purpose a. A preliminary injunction is a provisional remedy issued to preserve the status .uo ante the last actual% peaceful and uncontested status that preceded the actual controversy b. #t see:s to prevemt actual or threatened acts violative or e.uity c. #t is a provisional remedy only for parties to a suitF and is a mere incident of main action ). Classes a. Prohibitory $ commands a party to refrain from a particular act to preserve the status .uo b. 'andatory $ commands the performance of some positive act to correct a wrong in the past to restore the status .uo i. 'ore cautiously regarded than prohibitive injunction a. =ecause it tends to do more than the status .uo ii. 5e.uisites

#nvasion of right that is material and substantial 5ight is clear and unmista:able Grgent necessity to prevent serious damage iii. @5> *o P'# without hearing a. 72ceptions i. 72treme urgency ii. 5ight is clear iii. Considerations of relative inconvenience tilt towards applicant iv. Willful violation of right despite remonstrance v. #njury is continuous iv. @5> *o P'# to transfer possession a. 72cept> forcible ejectment under rule D1 4. Comparisons a. #njunction $ directed only to parties litigant b. Prohibition $ directed to a court c. 'andamus $ remedial writ to redress past grievances d. Preliminary #njuction $ ancillary which e2ist as part of independent action or proceeding sole object of which is to preserve status .uo until merits can be heardF it is granted prior judgment or final order and persists until dissolved or the action is terminated without a court issuing final injunction e. 'ain #njunction $ action to have final injunction f. 5estraining Order $ preserve status .uo until hearing of preliminary injunction which cannot be issued e2 parte i. #t automatically e2pires in "1d by sheer force of law ii. Once preliminary injunction is vacated% restraining order vanishes B. Who may grant preliminary injunction?
/ preliminary injunction may be granted by the court where the action or proceeding is pendingC 2f the action or proceeding is pending in the 4ourt of /ppeals or in the !upreme 4ourt, it may be issued by said court or any member thereofC ;2a<

a. @5> authority is limited by territorial limitation i. 72cept> mandatory writsF original actions li:e mandamus C. @rounds there is a right. -here is an invasion of right. -here is a necessity for the writ to prevent damage!
;a< .hat the applicant is entitled to the relief demanded, and the whole or part of such relief consists in restraining the commission or continuance of the act or acts complained of, or in re9uiring the performance of an act or acts either for a limited period or perpetually8

a.

-he right must be clear and positiveF not just contingent% abstract or future a. *ot allowed if there is substantial challenge to that right -hough not available for future right% it is available for future wrong

b.

;b< .hat the commission, continuance or non7performance of the act or acts complained of during the litigation would probably work injustice to the applicant8 or

-here must be showing of irreparable injury o 0efinition> where there is no standard by which their amount can be measured by reasonable accuracy of such constant and fre.uent recurrence i.e. e2cessive smo:e

;c< .hat a party, court, agency or a person is doing, threatening, or is attempting to do, or is procuring or suffering to be done some act or acts probably in violation of the rights of the applicant respecting the subject of the action or proceeding, and tending to render the judgment ineffectualC ;3a<

b. -78-8 to determine P5OP5#7-P O6 #88GA*C7 O6 P57?#' #njunction i. -here must be a principal action ii. -he courts should avoid issuing Prelim #njunction that has an effect of disposition of merits iii. -he remedy is 'OO- A*0 ACA07'#C if the act to be enjoined is consummated iv. -he injunction should be limited to prayer D. CA37A-> 0#8C57-#O* #* #88GA*C7 O6 P57?#' #njunction #8 -O =7 7R75C#870 #* G-'O8- CAG-#O* P5G07*C7 A*0 +G0#C#OG8*788 a. #njunction is the strong arm of e.uity i. #n pari delicto applies ii. -here must be facts and law as basisF not just mere allegatins E. *#7 a. Co&e.ual courts b. ?abor courts c. *atural resources d. Public utilitiesK #nfrastructure e. @ivernment 6inancing #nstitutions f. Agrarian 5eform g. =#5 and its collection of ta2es h. 5estraint of Criminal Prosec wK e2ceptions! J. P5OC70G57
&ection 4' 4erified application and bond for preliminary injunction or temporary restraining order C / preliminary injunction or temporary restraining order may be granted only when) ;a< .he application in the action or proceeding is verified, and shows facts entitling the applicant to the relief demanded8 and ;b< Knless e%empted by the court the applicant files with the court where the action or proceeding is pending, a bond e%ecuted to the party or person enjoined, in an amount to be fi%ed by the court, to the effect that the applicant will pay to such party or person all damages which he may sustain by reason of the injunction or temporary restraining order if the court should finally decide that the applicant was not entitled theretoC Kpon approval of the re9uisite bond, a writ of preliminary injunction shall be issuedC ;@a<

1R) D6N' 2! &/N'/.6R5 o Dond is served through

KN:(!! (R(&+.('

&ection "' Service of copies of bonds8 effect of disapproval of sameC .he party filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy of such bond on the other party, who may e%cept to the sufficiency of

the bond, or of the surety or sureties thereonC 2f the applicantAs bond is found to be insufficient in amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith the injunction shall be dissolvedC 2f the bond of the adverse party is found to be insufficient in amount, or the surety or sureties thereon fail to justify a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the injunction shall be granted or restored, as the case may beC ;$a< ;c< Ihen an application for a writ of preliminary injunction or a temporary restraining order is included in a complaint or any initiatory pleading, the case, if filed in a multiple7sala court, shall be raffled only after notice to and in the presence of the adverse party or the person to be enjoinedC 2n any event, such notice shall be preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint or initiatory pleading and the applicantAs affidavit and bond, upon the adverse party in the +hilippinesC Bowever, where the summons could not be served personally or by substituted service despite diligent efforts, or the adverse party is a resident of the +hilippines temporarily absent therefrom or is a nonresident thereof, the re9uirement of prior or contemporaneous service of summons shall not applyC ;d< .he application for a temporary restraining order shall thereafter be acted upon only after all parties are heard in a summary hearing which shall be conducted within twenty7four ;2@< hours after the sheriffAs return of service and?or the records are received by the branch selected by raffle and to which the records shall be transmitted immediatelyC

11. -5O
!tep /ction

1 2 3 3 @ @ " #

file verified applicato and bond for +2 or .R6 determination of 2rrep 2nj (%treme Krgency S e% parte tro #2h, then hearing No e%treme urgency S summary hearing within 2@h after sheriffs return notice to /+, then in his presence raffle of case summons ;contemporaneous<, complaint and orders8 unless e%ception kicks in 2ssuance of .R< with 2,d tops, non e%tendible Knless 4/ S ",d or !4 S it depends

a. -5O a. Purpose> restraint or suspension of proceeding until injunction can be determined with the aim of preserving status .uo b. Gpon e2piration of period% it dies a natural death no to perpetual -5OM!
No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoinedC 2f it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice, the court to which the application for preliminary injunction was made, may issue a temporary restraining order to be effective only for a period of twenty ;2,< days from service on the party or person sought to be enjoined, e%cept as herein providedC Iithin the said twenty7day period, the court must order said party or person to show cause, at a specified time and place, why the injunction should not be granted, determine within the same period whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding orderC ;Dar &atter NoC $,3, 1# 3ebruary 1LL$< Bowever, and subject to the provisions of the preceding sections, if the matter is of e%treme urgency and the applicant will suffer grave injustice and irreparable injury, the e%ecutive judge of a multiple7sala court or the presiding judge of a single sala court may issue ex parte a temporary restraining order effective for only seventy7two ;#2< hours from issuance but he shall immediately comply with the provisions of the ne%t preceding section as to service of summons and the documents to be served therewithC .hereafter, within the aforesaid seventy7two ;#2< hours, the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be e%tended until the application for preliminary injunction can be heardC 2n no case shall the total period of effectivity of the temporary restraining order e%ceed twenty ;2,< days, including the original seventy7two hours provided hereinC 2n the event that the application for preliminary injunction is denied or not resolved within the said period, the temporary restraining order is deemed, automatically vacatedC .he effectivity of a temporary restraining order is not e%tendible

without need of any judicial declaration to that effect and no court shall have authority to e%tend or renew the same on the same ground for which it was issuedC Bowever, if issued by the 4ourt of /ppeals or a member thereof, the temporary restraining order shall be effective for si%ty ;",< days from service on the party or person sought to be enjoinedC / restraining, order issued by the !upreme 4ourt or a member thereof shall be effective until further ordersC ;5a<

11. @rounds for 0efense


&ection !' 0rounds for objection to, or for motion of dissolution of& injunction or restraining orderC .he application for injunction or restraining order may be denied, upon a showing of its insufficiencyC .he injunction or restraining order may also be denied, or, if granted, may be dissolved, on other grounds upon affidavits of the party or person enjoined, which may be opposed by the applicant also by affidavitsC 2t may further be denied, or if granted, may be dissolved, if it appears after hearing that although the applicant is entitled to the injunction or restraining order, the issuance or continuance thereof, as the case may be, would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he may suffer, and the former files a bond in an amount fi%ed by the court conditioned that he will pay all damages which the applicant may suffer by the denial or the dissolution of the injunction or restraining orderC 2f it appears that the e%tent of the preliminary injunction or restraining order granted is too great, it may be modifiedC ;"a<

1". 'isc a. 0amages can be claimed under 8ec "1 5ule BD b. 6inal injunction can be awarded
2f after the trial of the action it appears that the applicant is entitled to have the act or acts complained of permanently enjoined the court shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts of confirming the preliminary mandatory injunctionC ;1,a<

57C7#3758,#P 1. 0efinition a. A receiver is a person appointed by the court in behalf of all the parties in the action for the purpose of preserving and conserving the property in litigation and prevent its possible destruction or dissipation if it were left in the possession of any parties b. A receiver is a representative of the court appointed for the purposes of preserving and conserving the property in litigation and prevent its possible destruction or dissipation. i. A representative of all the partiesF indifferent ii. 8hould not incur obligation without ?OC iii. #t is the court9s responsibility to supervise ". Purpose a. 7stablished to preserve the roperty during pendency of litigation or to dispose accdg to the judgment when carried in effect b. 5eason> court has not enough resources ). @rounds
;a< Ihen it appears from the verified application, and such other proof as the court may re9uire, that the party applying for the appointment of a receiver has an interest in the property or fund which is the subject of the action or proceeding, and that such property or fund is in danger of being lost, removed, or materially injured unless a receiver be appointed to administer and preserve it8 ;b< Ihen it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in danger of being wasted or dissipated or materially injured, and that its value is probably insufficient to discharge the mortgage debt, or that the parties have so stipulated in the contract of mortgage8

;c< /fter judgment, to preserve the property during the pendency of an appeal, or to dispose of it according to the judgment, or to aid e%ecution when the e%ecution has been returned unsatisfied or the judgment obligor refuses to apply his property in satisfaction of the judgment, or otherwise to carry the judgment into effect8 ;d< Ihenever in other cases it appears that the appointment of a receiver is the most convenient and feasible means of preserving, administering, or disposing of the property in litigationC

4. When
&ection 1' Appointment of receiverC Kpon a verified application, one or more receivers of the property subject of the action or proceeding may be appointed by the court where the action is pending or by the 4ourt of /ppeals or by the !upreme 4ourt, or a member thereof, in the following cases) 'uring the pendency of an appeal, the appellate court may allow an application for the appointment of a receiver to be filed in and decided by the court of origin and the receiver appointed to be subject to the control of said courtC ;1a<HHH

e%ercise of residual jurisdiction a. *ot a matter of right% there must be i. there is an actual interest ii. property is in danger of being lost iii. it appears to be the most convenient and feasible means of preserving property B. When 0enied
5/ %"ERE 5S O 5(5 E % )A 0ER %O !RO!ER%67

&ection 3' )enial of application or discharge of receiverC .he application may be denied, or the receiver discharged, when the adverse party files a bond e%ecuted to the applicant, in an amount to be fi%ed by the court, to the effect that such party will pay the applicant all damages he may suffer by reason of the acts, omissions, or other matters specified in the application as ground for such appointmentC .he receiver may also be discharged if it is shown that his appointment was obtained without sufficient causeC ;@a<

C. =O*08

?OOA A- -,7 PO88#=?7 CO*87SG7*C78 a. #s there injury greater than status .uo? b. Will it imperil the right of others?

&ection 2' 1ond on appointment of receiverC Defore issuing the order appointing a receiver the court shall re9uire the applicant to file a bond e%ecuted to the party against whom the application is presented, in an amount to be fi%ed by the court, to the effect that the applicant will pay such party all damages he may sustain by reason of the appointment of such receiver in case the applicant shall have procured such appointment without sufficient cause8 and the court may, in its discretion, at any time after the appointment, re9uire an additional bond as further security for such damagesC ;3a< &ection 4' Oath and bond of receiverC Defore entering upon his duties, the receiver shall be sworn to perform them faithfully, and shall file a bond, e%ecuted to such person and in such sum as the court may direct, to the effect that he will faithfully discharge his duties in the action or proceeding and obey the orders of the courtC ;5a< &ection ' Service of copies of bonds8 effect of disapproval of sameC .he person filing a bond in accordance with the provisions of this Rule shall forthwith serve a copy thereof on each interested party, who may e%cept to its sufficiency or of the surety or sureties thereonC 2f either the applicantAs or the receiverAs bond is found to be insufficient in amount, or if the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the application shall be denied or the receiver discharged, as the case may beC 2f the bond of the adverse party is found to be insufficient in amount or the surety or sureties thereon fail to justify, and a bond sufficient in amount with sufficient sureties approved after justification is not filed forthwith, the receiver shall be appointed or re7 appointed, as the case may beC ;"a<

D. Powers of 5eceiver

&ection !' 0eneral powers of receiverC !ubject to the control of the court in which the action or proceeding is pending a receiver shall have the power to bring and defend, in such capacity, actions in his own name8 to take and keep possession of the property in controversy8 to receive rents8 to collect debts due to himself as receiver or to the fund, property, estate, person, or corporation of which he is the receiver8 to compound for and compromise the same8 to make transfers8 to pay outstanding debts8 to divide the money and other property that shall remain among the persons legally entitled to receive the same8 and generally to do such acts respecting the property as the court may authoriJeC Bowever, funds in the hands of a receiver may be invested only by order of the court upon the written consent of all the parties to the actionC ;#a< No action may be filed by or against a receiver without leave of the court which appointed himC ;n<

a. @5> property under 5 is C? and under admin and control of court i. ,ence> *o action against receiver without ?OC A receiver is considered as an arm% officer or court rep ii. ,owever% still have remedies li:e accounting through proper intervention E. -ermination of 5eceivership
&ection #' %ermination of receivership8 compensation of receiverC Ihenever the court, motu proprio or on motion of either party, shall determine that the necessity for a receiver no longer e%ists or when it is abused, it shall, after due notice to all interested parties and hearing, settle the accounts of the receiver, direct the delivery of the funds and other property in his possession to the person adjudged to be entitled to receive them and order the discharge of the receiver from further duty as suchC .he court shall allow the receiver such reasonable compensation as the circumstances of the case warrant, to be ta%ed as costs against the defeated party, or apportioned, as justice re9uiresC ;$a<

J. '#8C
&ection "' 8iability for refusal or neglect to deliver property to receiverC / person who refuses or neglects, upon reasonable demand, to deliver to the receiver all the property, money, books, deeds, notes, bills, documents and papers within his power or control, subject of or involved in the action or proceeding, or in case of disagreement, as determined and ordered by the court, may be punished for contempt and shall be liable to the receiver for the money or the value of the property and other things so refused or neglected to be surrendered, together with all damages that may have been sustained by the party or parties entitled thereto as a conse9uence of such refusal or neglectC ;n< &ection $' #udgment to include recovery against suretiesC .he amount, if any, to be awarded to any party upon any bond filed in accordance with the provisions of this Rule, shall be claimed, ascertained, and granted under the same procedure prescribed in section 2, of Rule 5#C ;La<

note% there are " types of damages contemplated here> damages resulting from appointment of receiver and damages arising after appointment of receiver!
R234 !% Reple?in &ection 1' ApplicationC / party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner hereinafter providedC ;1a< &ection 2' Affidavit and bondC .he applicant must show by his own affidavit or that of some other person who personally knows the facts)

;a< .hat the applicant is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof8 ;b< .hat the property is wrongfully detained by the adverse party, alleging the cause of detention thereof according to the best of his knowledge, information, and belief 8 ;c< .hat the property has not been distrained or taken for a ta% assessment or a fine pursuant to law, or seiJed under a writ of e%ecution or preliminary attachment, or otherwise placed under custodia legis, or if so seiJed, that it is e%empt from such seiJure or custody8 and ;d< .he actual market value of the propertyC .he applicant must also give a bond, e%ecuted to the adverse party in double the value of the property as stated in the affidavit aforementioned, for the return of the property to the adverse party if such return be adjudged, and for the payment to the adverse party of such sum as he may recover from the applicant in the actionC ;2a< &ection 3' OrderC Kpon the filing of such affidavit and approval of the bond, the court shall issue an order and the corresponding writ of replevin, describing the personal property alleged to be wrongfully detained and re9uiring the sheriff forthwith to take such property into his custodyC ;3a< &ection 4' )uty of the sheriff, Kpon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custodyC 2f the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property into his possessionC /fter the sheriff has take possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary e%penses for taking and keeping the sameC ;@a< &ection ' Return of propertyC 2f the adverse party objects to the sufficiency of the applicantAs bond, or of the surety or sureties thereon, he cannot immediately re9uire the return of the property, but if he does not so object, he may, at any time before the delivery of the property to the applicant, re9uire the return thereof, by filing with the court where the action is pending a bond e%ecuted to the applicant, in double the value of the property as stated in the applicantAs affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum, to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicantC ;5a< &ection !' )isposition of property by sheriff, 2f within five ;5< days after the taking of the property by the sheriff, the adverse party does not object to the sufficiency of the bond, or of the surety or sureties thereon8 or if the adverse party so objects and the court affirms its approval of the applicantAs bond or approves a new bond, or if the adverse party re9uires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond, the property shall be delivered to the applicantC 2f for any reason the property is not delivered to the applicant, the sheriff must return it to the adverse partyC ;"a< &ection "' !roceedings where property claimed by third personC 2f the property taken is claimed by any person other than the party against whom the writ of replevin had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor, and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant, the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant unless the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third7party claimant in a sum not less than the value of the property under replevin as provided in section 2 hereofC 2n case of disagreement as to such value, the court shall determine the sameC No claim for damages for the taking or keeping, of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty ;12,< days from the date of the filing of the bondC .he sheriff shall not be liable for damages, for the taking or keeping of such property, to any such third7party claimant if such bond shall be filedC Nothing herein contained shall prevent such claimant or any third person

from vindicating his claim to the property, or prevent the applicant from claiming damages against a third7 party claimant who filed a frivolous or plainly spurious claim, in the same or a separate actionC Ihen the writ of replevin is issued in favor of the Republic of the +hilippines, or any officer duly representing it, the filing of such bond shall not be re9uired, and in case the sheriff is sued for damages as a result of the replevin, he shall be represented by the !olicitor 1eneral, and if held liable therefor, the actual damages adjudged by the court shall be paid by the National .reasurer out of the funds to be appropriated for the purposeC ;#a< &ection #' Return of papersC .he sheriff must file the order, with his proceedings indorsed, thereon, with the court within ten ;1,< days after taking the property mentioned thereinC ;$a< &ection $' #udgmentC /fter trial of the issues the court shall determine who has the right of possession to and the value of the property and shall render judgment in the alternative for the delivery thereof to the party entitled to the same, or for its value in case delivery cannot be made, and also for such damages as either party may prove, with costsC ;La< &ection 1%' #udgment to include recovery against suretiesC .he amount, if any, to be awarded to any party upon any bond filed in accordance with the provisions of this Rule, shall be claimed, ascertained, and granted under the same procedure as prescribed in section 2, of Rule 5#C ;1,a<

1. Definition of Beple in: return to or reco ery by a person of goods or chattels claimed to be wrongfully ta/en or detained upon the person#s gi ing security to try the matter in court and return the goods if defeated in the action. a. < form of action which lies to regain the possession of personal chattels which ha e been ta/en from the plaintiff unlawfully b. 4he term may refer either to the action itself or the pro isional remedy which possession of the property may be obtained by the plaintiff and retained during the pendency of the action c. 4he action is possessory in action Ehence8 the plaintiff need not be the ownerF %. Aasis of <ction: Wrongful Detention a. !4o DetainD ' to hold or /eep in custody7 when there is unlawful meddling with the property or exercise of dominion o er it without any authority i. ?o need for manual seizure +. "oncept of Beple in: preceeding by which the owner or one who has a general or special property in the thing ta/en or detained see/s to reco er possession in specie8 the reco ery of things being incidental -. Who a ails of the remedy a. :laintiff ' complaint prays for the reco ery of possession of property b. Defendant ' there is a counterclaim ). 9ubject matter a. ;imited to personal property Enot including incorporeal rightsF b. :roperty must be capable of identification and deli ery .. &urisdiction ' a. 4he writ is good anywhere in the B: b. 4he jurisdiction is determined by the amount in the complaint7 not by the chattel alue 0. What to state in the affida it a. 4hat the subject properties were not ta/en ia lawful means8 i.e.

i. 4ax ii. Execution iii. <ttachment b. 4hat if seized8 is so exempted c. 4he actual alue of the property i. !the price which an article would command in the ordinary course of business8 that is to say8 when offered by one willing to sell8 but not under compulsion to sell8 and purchased by another who is willing to buy but under no obligation to buyD Jnote: defense of lac/ of proper affida it if not raised in >4D or <nswer is not a ailable anymore 1. 1. 4he ?eed for a Aond a. Definition ' obligation or underta/ing in writing that is sufficiently secured i. 4he bond includes express stipulation and also rules of law regarding it b. the bond answers for the detoriation and pre ailing party may refuse to accept the property and instead8 sue on the redeli ery bond i. but one cannot against the bond if the judgment did not allow redeli ery c. Bequisites for reco ery on reple in bond i. <pplication showing right to damage 1. made in the pending of court prior (E&7 appealate court if there is an appeal %. note8 the judgment must award damages7 if none8 not subject to modification if (E& ii. ?otce gi en to plaintiff and surety iii. < hearing in case reco ery is opposed i . <ward for damages must be included in the judgment of the court 3. Defendant#s possible courses of action a. 4o pre ent reple in8 must: i. Within )d from sheriff#s possession ' put up a bond double in alue ii. (urnish the plaintiff with a copy of the underta/ing 1. unless with /nowledge already b. =r object to the sufficiency of the bond c. ?=4E: >=4,=? 4= D,99=;2E =B D,9"*<B@E the writ on the ground of insufficiency of complaint is not a ailable Ein contrast to :, and :<F
9C::=B4 :E?DE?4E ;,4E

&ection 1' ApplicationC /t the commencement of the proper action or proceeding, or at any time prior to the judgment or final order, a verified application for support pendente lite may be filed by any party stating the grounds for the claim and the financial conditions of both parties, and accompanied by affidavits, depositions or other authentic documents in support thereofC ;1a< &ection 2' $ommentC / copy of the application and all supporting documents shall be served upon the adverse party, who shall have five ;5< days to comment thereon unless a different period is fi%ed by the court upon his motionC .he comment shall be verified and shall be accompanied by affidavits, depositions or other authentic documents in support thereofC ;2a, 3a<

&ection 3' "earingC /fter the comment is filed, or after the e%piration of the period for its filing, the application shall be set for hearing not more than three ;3< days thereafterC .he facts in issue shall be proved in the same manner as is provided for evidence on motionsC ;@a< &ection 4' OrderC .he court shall determine provisionally the pertinent facts, and shall render such orders as justice and e9uity may re9uire, having the regard to the probable outcome of the case and such other circumstances as may aid in the proper resolution of the 9uestion involvedC 2f the application is granted, the court shall fi% the amount of money to be provisionally paid or such other forms of support as should be provided, taking into account the necessities of the applicant and the resources or means of the adverse party, and the terms of payment or mode for providing the supportC 2f the application is denied, the principal case shall be tried and decided as early as possibleC ;5a< &ection ' Enforcement of orderC 2f the adverse party fails to comply with an order granting support pendente lite, the court shall, motu proprio or upon motion8 issue an order of e%ecution against him, without prejudice to his liability for contemptC ;"a< Ihen the person ordered to give support pendente lite refuses or fails to do so, any third person who furnished that support to the applicant may, after due notice and hearing in the same case obtain a writ of e%ecution to enforce his right of reimbursement against the person ordered to provide such supportC ;h< &ection !' Support in criminal casesC 2n criminal actions where the civil liability includes support for the offspring as a conse9uence of the crime and the civil aspect thereof has not been waived, reserved and instituted prior to its filing, the accused may be ordered to provide support pendente lite to the child born to the offended party allegedly because of the crimeC .he application therefor may be filed successively by the offended party, her parents, grandparents or guardian and the !tate in the corresponding criminal case during its pendency, in accordance with the procedure established under this RuleC ;n< &ection "' RestitutionC Ihen the judgment or final order of the court finds that the person who has been providing support pendente lite is not liable therefor, it shall order the recipient thereof to return to the former the amounts already paid with legal interest from the dates of actual payment, without prejudice to the right of the recipient to obtain reimbursement in a separate action from the person legally obliged to give the supportC !hould the recipient fail to reimburse said amounts, the person who provided the same may likewise seek reimbursement thereof in a separate action from the person legally obliged to give such supportC ;n<

Definition of 9upport :endente ;ite: amount adjudicated by the trial court during the pendency of an action for support upon application by the plaintiff at the commencement f the proper action or anytime afterwards o "=?"E:4: applicant is entitled to it by reason of some relationship with the ad erse party o 4he amount is not final in character7 can be subject of modification o 9ince not final8 such is considered interlocutory or non$appealable 4he remedy if denied is certiorari Edon#t wait anymore for appeal ' since they need sustenanceF ?on appealability will be wai ed if there is failure to object Defendant o "an be allowed to defend Ebut not really go to merits of the case7 so long as court can ascertain the sufficient amount since this remedy is pro isionalF o <dultery is a alid defense

S!ECIAL CI5IL ACTION

Deals with a special subject matter which ma/es necessary some special regulation 9imilar to ordinary actions8 the rules go erning ci il suits apply if not inconstistent INTER!LEADER
R234 !2 =nterpleader &ection 1' When interpleader properC Ihenever conflicting claims upon the same subject matter are or may be made against a person who claims no interest whatever in the subject matter, or an interest which in whole or in part is not disputed by the claimants, he may bring an action against the conflicting claimants to compel them to interplead and litigate their several claims among themselvesC ;1a, R"3< &ection 2' OrderC Kpon the filing of the complaint, the court shall issue an order re9uiring the conflicting claimants to interplead with one anotherC 2f the interests of justice so re9uire, the court may direct in such order that the subject matter be paid or delivered to the courtC ;2a, R"3< &ection 3' SummonsC !ummons shall be served upon the conflicting claimants, together with a copy of the complaint and orderC ;3, R"3< &ection 4' (otion to dismissC Iithin the time for filing an answer, each claimant may file a motion to dismiss on the ground of impropriety of the interpleader action or on other appropriate grounds specified in Rule 1"C .he period to file the answer shall be tolled and if the motion is denied, the movant may file his answer within the remaining period, but which shall not be less than five ;5< days in any event, reckoned from notice of denialC ;n< &ection ' Answer and other pleadingsC (ach claimant shall file his answer setting forth his claim within fifteen ;15< days from service of the summons upon him, serving a copy thereof upon each of the other conflicting claimants who may file their reply thereto as provided by these RulesC 2f any claimant fails to plead within the time herein fi%ed, the court may, on motion, declare him in default and thereafter render judgment barring him from any claim in respect to the subject matterC .he parties in an interpleader action may file counterclaims, cross7claims, third7party complaints and responsive pleadings thereto, as provided by these RulesC ;@a, R"3< &ection !' )eterminationC /fter the pleadings of the conflicting claimants have been filed, and pre7trial has been conducted in accordance with the Rules, the court shall proceed to determine their respective rights and adjudicate their several claimsC ;5a, R"3< &ection "' )ocket and other lawful fees, costs and litigation expenses as liensC .he docket and other lawful fees paid by the party who filed a complaint under this Rule, as well as the costs and litigation e%penses, shall constitute a lien or change upon the subject matter of the action, unless the court shall order otherwiseC ;"a, R"3<

1. "oncept of ,nterpleader a. < remedy whereby a person who has property Ewhether personal or realF in his possession or an obligation to render without claiming a right thereto comes to court and as/s for the persons who claim the said propertyI obligation be required to litigate amongs themsel es to determine finally who is entitled. b. ,t aims to: i. ,t aims to protect the applicant not for double liability but double exation in respect of one liability.

ii. ,t aims also to ha e the property deposited to the court so that the unentitled person may not be affected by the litigation c. 4here is really a new action hence8 the interpleader becomes a complaint of interpleader Enot a cross complaintF d. Example i. ;essee files interpleader so that he can pay the right rent to the right person who claims the property ii. Wrong seizure of property ' go ernment can file for interpleader when there are conflicting claims %. *ow is jurisdiction determined a. Aased on nature of subject matter Ei.e. if real property8 real actionF b. 4he alue also depends on the subject matter ' hence8 if real property8 the alue of the real property +. Bequisites a. 4he plaintiff claims no interest in the subject matter or his claim thereto is not disputed i. *ence8 not a ailable if a person is already held liable b. 4here must be at least % or more conflicting claimants c. 4he parties to be interpleaded must ma/e effecti e claims d. 4here is one and the same subject matter -. :rocedure a. (iling of the "omplaint i. ?ote: the doc/et fees and other costs filed by the applicant is a lien to the subject property b. =rder to ha e the litigants to litigate amongst themsel es i. *ence8 there must be an order first before litigants can litigate amongst themsel es ii. 4he court can also order that the subject matter be paid or deli ered to court c. 9ummons d. >otion to Dismiss i. @rounds 1. Bule 1. %. or impropriety of interpleader action ii. 4olls the period to file the answer 1. but if denied8 has remainder period8 but always with )d from notice of denial e. <nswer and other pleadings E1)d after ser ice of summonsF with ser ice of copies Efor them to ma/e a replyF i. ,f there is none8 there can be a default 1. effect: the court can readily bar the applicant from any claim a. no need for him to ma/e or pro e allegations in complaint f. "ourt DE4EB>,?E9 i. >ust be after all the pleadings and after pre$trial ii. "ourt determines only their respecti e rights and adjudicate their se eral claims

DECLARATOR6 RELIEF AND SIMILAR REMEDIES


R234 !3 Declaratory Relief and &imilar Remedies &ection 1' Who may file petitionC /ny person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, e%ecutive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof bring an action in the appropriate Regional .rial 4ourt to determine any 9uestion of construction or validity arising, and for a declaration of his rights or duties, thereunderC ;Dar &atter NoC $,3, 1# 3ebruary 1LL$< /n action for the reformation of an instrument, to 9uiet title to real property or remove clouds therefrom, or to consolidate ownership under /rticle 1",# of the 4ivil 4ode, may be brought under this RuleC ;1a, R"@< &ection 2' !artiesC /ll persons who have or claim any interest which would be affected by the declaration shall be made parties8 and no declaration shall, e%cept as otherwise provided in these Rules, prejudice the rights of persons not parties to the actionC ;2a, R"@< &ection 3' otice on Solicitor 0eneralC 2n any action which involves the validity of a statute, e%ecutive order or regulation, or any other governmental regulation, the !olicitor 1eneral shall be notified by the party assailing the same and shall be entitled to be heard upon such 9uestionC ;3a, R"@< &ection 4' 8ocal government ordinancesC 2n any action involving the validity of a local government ordinance, the corresponding prosecutor or attorney of the local governmental unit involved shall be similarly notified and entitled to be heardC 2f such ordinance is alleged to be unconstitutional, the !olicitor 1eneral shall also be notified and entitled to be heardC ;@a, R"@< &ection ' $ourt action discretionaryC (%cept in actions falling under the second paragraph of section 1 of this Rule, the court, motu proprio or upon motion, may refuse to e%ercise the power to declare rights and to construe instruments in any case where a decision would not terminate the uncertainty or controversy which gave rise to the action, or in any case where the declaration or construction is not necessary and proper under the circumstancesC ;5a, R"@< &ection !' $onversion into ordinary actionC 2f before the final termination of the case, a breach or violation of an instrument or a statute, e%ecutive order or regulation, ordinance, or any other governmental regulation should take place, the action may thereupon be converted into an ordinary action, and the parties shall be allowed to file such pleadings as may be necessary or properC ;"a, R"@<

1. Definition of Declaratory Belief ' a pre enti e and anticipatory remedy designed to declare the rights of the parties or to express the opinion of the court on a question of law without ordering anything to be done a. Cnli/e and ad isory opinion8 it already is determinati e of rights b. 4he judicial declaration may ser e to pre ent a dispute from ripening into iolence or destruction Ecourts are both curati e and pre enti eF c. Example i. Determine if the promotional plan is proper with respect to a oiding fraud d. ?,E i. =btaining a judicial declaration of citizenship ii. Besolution of a political issue or question

iii. 9ee/ing relief on moot questions i . Aased on the happening of a contingent e ent v. There is already a breach of contract or statute 1. not necessarily that there is a pending case; so long as there is breach of law or violation vi. where a decision would not terminate the uncertainty or controversy vii. where there is another statutory remedy %. :urpose a. < practical remedy in ending contro ersies which ha e not yet reached the stage where other relief is immediately a ailable pertaining to deeds8 wills8 contracts and others b. resorted to test the alidity of contracts8 ordinances Eie tax ordinance when there is n tax due yetF or the constitutionality of an ordinance before it is breached +. &urisdiction a. =riginal jurisdiction belongs to the B4" e en if these are questions of law -. Bequisites a. 4here must be justiciable contro ersy i. Definition ' an existing case that is appropriate or ripe for determination8 not conjectural or anticipatory ii. K&usticiable# 1. contro ersy that is not hypothetical8 abstract nor moot but a definite and concrete and substantial contro ersy admitting a specific relief Eunli/e an ad isory opinionF iii. Elements 1. there are real parties in interest %. asserting ad erse claims +. presents a ripe issue a. !Bipe ,ssue# ' a state of facts indicating imminent litigation pro ided the issue is not settled and stabilized by a tranquilizing decision i. 4his dispute can be tried prior it becomes a full blown battle of passion and animosity b. 9ubject matter is limited to i. Deed ii. Will iii. "ontract i . 9tatute . Executi e order i. ?ie 1. judge testimony %. court decisions +. <"B -. third party complaint ii. =ther remedies go erned by this rule are 1. reformation of instrument

%. L4 +. petition for consolidation of ownership c. "ontro ersy is between persons whose interests are ad erse d. :arties must ha e legal interest in the contro ersy e. "ontro ersy must be ripe for judicial determination f. :etition must be filed before there is a breach or iolation ). :arties a. BC;E: <ll those who has a claim or interest shall be made as parties Ethe need for joinder of partiesF i. Else8 they will not be bound by the declaration and that they may e en raise hypothetical issues ii. ,t may e en lead to the dismissal of the case by the court due to !decision will not terminate the present uncertaintyD .. "on ersion Bule a. ,f there is already a breach or iolation8 the action can be con erted into an ordinary ci il action i. ?ie: payment under protest b. ,f the party failed to raise that the case can be fit for specific performance or reco ery of action8 under a declaratory relief8 the court can still grant affirmati e relief 0. :rocedure a. (ile a petition for declaratory relief b. &oin all the parties c. >a/e the proper notices Ei.e. 9@I ;@CF d. "ourt to decided E>: or on motionF wIn to ta/e cognizance of the case i. Exceptions: action for the reformation of an instrument, to 9uiet title to real
property or remove clouds therefrom, or to consolidate ownership

e. "on ersion of the action


R234 !4 Re?iew of ;udgments and 6inal 5rders or Resolutions of the .ommission on 4lections and the .ommission on /udit &ection 1' ScopeC .his Rule shall govern the review of judgments and final orders or resolutions of the 4ommission on (lections and the 4ommission on /uditC ;n< &ection 2' (ode of reviewC / judgment or final order or resolution of the 4ommission on (lections and the 4ommission on /udit may be brought by the aggrieved party to the !upreme 4ourt on certiorari under Rule "5, e%cept as hereinafter providedC ;n8 Dar &atter NoC $,3, 1# 3ebruary 1LL$< &ection 3' %ime to file petitionC .he petition shall be filed within thirty ;3,< days from notice of the judgment or final order or resolution sought to be reviewedC .he filing of a motion for new trial or reconsideration of said judgment or final order or resolution, if allowed under the procedural rules of the 4ommission concerned, shall interrupt the period herein fi%edC 2f the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five ;5< days in any event, reckoned from notice of denialC ;n< &ection 4' )ocket and other lawful feesC Kpon the filing of the petition, the petitioner shall pay to the clerk of court the docket and other lawful fees and deposit the amount of +5,,C,, for costsC ;n<

&ection ' /orm and contents of petitionC .he petition shall be verified and filed in eighteen ;1$< legible copiesC .he petition shall name the aggrieved party as petitioner and shall join as respondents the 4ommission concerned and the person or persons interested in sustaining the judgment, final order or resolution a 'uoC .he petition shall state the facts with certainty, present clearly the issues involved, set forth the grounds and brief arguments relied upon for review, and pray for judgment annulling or modifying the 9uestioned judgment, final order or resolutionC 3indings of fact of the 4ommission supported by substantial evidence shall be final and non7reviewableC .he petition shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, final order or resolution subject thereof, together with certified true copies of such material portions of the record as are referred to therein and other documents relevant and pertinent theretoC .he re9uisite number of copies of the petition shall contain plain copies of all documents attached to the original copy of said petitionC .he petition shall state the specific material dates showing that it was filed within the period fi%ed herein, and shall contain a sworn certification against forum shopping as provided in the third paragraph of section 3, Rule @"C .he petition shall further be accompanied by proof of service of a copy thereof on the 4ommission concerned and on the adverse party, and of the timely payment of docket and other lawful feesC .he failure of petitioner to comply with any of the foregoing re9uirements shall be sufficient ground for the dismissal of the petitionC ;n< &ection !' Order to commentC 2f the !upreme 4ourt finds the petition sufficient in form and substance, it shall order the respondents to file their comments on the petition within ten ;1,< days from notice thereof8 otherwise, the 4ourt may dismiss the petition outrightC .he 4ourt may also dismiss the petition if it was filed manifestly for delay or the 9uestions raised are too unsubstantial to warrant further proceedingsC ;n< &ection "' $omments of respondentsC .he comments of the respondents shall be filed in eighteen ;1$< legible copiesC .he original shall be accompanied by certified true copies of such material portions of the record as are referred to therein together with other supporting papersC .he re9uisite number of copies of the comments shall contain plain copies of all documents attached to the original and a copy thereof shall be served on the petitionerC No other pleading may be filed by any party unless re9uired or allowed by the 4ourtC ;n< &ection #' Effect of filingC .he filing of a petition for certiorari shall not stay the e%ecution of the judgment or final order or resolution sought to be reviewed, unless the !upreme 4ourt shall direct otherwise upon such terms as it may deem justC ;n< &ection $' Submission for decisionC Knless the 4ourt sets the case for oral argument, or re9uires the parties to submit memoranda, the case shall be deemed submitted for decision upon the filing of the comments on the petition, or of such other pleadings or papers as may be re9uired or allowed, or the e%piration of the period to do soC ;n<

BC;E .): "EB4,=B<B,8 :B=*,A,4,=? <?D ><?D<>C9

R234 ! Certiorari- Prohi)ition and <andamus &ection 1' !etition for certiorariC Ihen any tribunal, board or officer e%ercising judicial or 9uasi7judicial functions has acted without or in e%cess its or his jurisdiction, or with grave abuse of

discretion amounting to lack or e%cess of jurisdiction, and there is no appeal, or any plain, speedy, and ade9uate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may re9uireC .he petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non7forum shopping as provided in the third paragraph of section 3, Rule @"C ;1a< &ection 2' !etition for prohibitionC Ihen the proceedings of any tribunal, corporation, board, officer or person, whether e%ercising judicial, 9uasi7judicial or ministerial functions, are without or in e%cess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or e%cess of jurisdiction, and there is no appeal or any other plain, speedy, and ade9uate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent to desist from further proceedings in the action or matter specified therein, or otherwise granting such incidental reliefs as law and justice may re9uireC .he petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non7forum shopping as provided in the third paragraph of section 3, Rule @"C ;2a< &ection 3' !etition for mandamusC Ihen any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station, or unlawfully e%cludes another from the use and enjoyment of a right or office to which such other is entitled, and there is no other plain, speedy and ade9uate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered commanding the respondent, immediately or at some other time to be specified by the court, to do the act re9uired to be done to protect the rights of the petitioner, and to pay the damages sustained by the petitioner by reason of the wrongful acts of the respondentC .he petition shall also contain a sworn certification of non7forum shopping as provided in the third paragraph of section 3, Rule @"C ;3a< &ection 4' When and where petition filedC .he petition shall be filed not later than si%ty ;",< days from notice of the judgment, order or resolutionC 2n case a motion for reconsideration or new trial is timely filed, whether such motion is re9uired or not, the si%ty ;",< day period shall be counted from notice of the denial of said motionC .he petition shall be filed in the !upreme 4ourt or, if it relates to the acts or omissions of a lower court or of a corporation, board, officer or person, in the Regional .rial 4ourt e%ercising jurisdiction over the territorial area as defined by the !upreme 4ourtC 2t may also be filed in the 4ourt of /ppeals whether or not the same is in aid of its appellate jurisdiction, or in the !andiganbayan if it is in aid of its appellate jurisdictionC 2f it involves the acts or omissions of a 9uasi7judicial agency, unless otherwise provided by law or these Rules, the petition shall be filed in and cogniJable only by the 4ourt of /ppealsC No e%tension of time to file the petition shall be granted e%cept for compelling reason and in no case e%ceeding fifteen ;15< daysC ;@a< ;Dar &atter NoC $,3, 21 *uly 1LL$8 /C&C NoC ,,727,37!4<

&ection ' Respondents and costs in certain casesC Ihen the petition filed relates to the acts or omissions of a judge, court, 9uasi7judicial agency, tribunal, corporation, board, officer or person, the petitioner shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the court8 and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings, and the costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, 9uasi7judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondentsC Knless otherwise specifically directed by the court where the petition is pending, the public respondents shall not appear in or file an answer or comment to the petition or any pleading thereinC 2f the case is elevated to a higher court by either party, the public respondents shall be included therein as nominal partiesC Bowever, unless otherwise specifically directed by the court, they shall not appear or participate in the proceedings thereinC ;5a< &ection !' Order to commentC 2f the petition is sufficient in form and substance to justify such process, the court shall issue an order re9uiring the respondent or respondents to comment on the petition within ten ;1,< days from receipt of a copy thereofC !uch order shall be served on the respondents in such manner as the court may direct together with a copy of the petition and any anne%es theretoC 2n petitions for certiorari before the !upreme 4ourt and the 4ourt of /ppeals, the provisions of section 2, Rule 5", shall be observedC Defore giving due course thereto, the court may re9uire the respondents to file their comment to, and not a motion to dismiss, the petitionC .hereafter, the court may re9uire the filing of a reply and such other responsive or other pleadings as it may deem necessary and properC ;"a< &ection "' Expediting proceedings8 injunctive relief, .he court in which the petition is filed may issue orders e%pediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedingsC .he petition shall not interrupt the course of the principal case unless a temporary restraining order or a writ of preliminary injunction has been issued against the public respondent from further proceeding in the caseC ;#a< &ection #' !roceedings after comment is filedC /fter the comment or other pleadings re9uired by the court are filed, or the time for the filing thereof has e%pired, the court may hear the case or re9uire the parties to submit memorandaC 2f after such hearing or submission of memoranda or the e%piration of the period for the filing thereof the court finds that the allegations of the petition are true, it shall render judgment for the relief prayed for or to which the petitioner is entitledC .he court, however, may dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the 9uestions raised therein are too unsubstantial to re9uire considerationC ;$a< &ection $' Service and enforcement of order or judgment C / certified copy of the judgment rendered in accordance with the last preceding section shall be served upon the court, 9uasi7 judicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court may direct, and disobedience thereto shall be punished as contemptC /n e%ecution may issue for any damages or costs awarded in accordance with section 1 of Rule 3LC ;La< '( CERTIORARI

7(

Definition of certiorari: writ issued from a superior court to any inferior court8 board or officer8 exercising judicial or quasi$judicial functions whereby the record of a particular case is ordered to be ele ated up for re iew and correction in matters of law. i. ,4 ,9 =?;G ;,>4ED 4= BE2,EW =( <C4*=B,4G E&urisdictionF to <"4 1. !?ot a general utility tool in the legal wor/shopD %. Does not include re iew of intrinsic merits of caseIorder a. but 9" can still resol e merits of the case when i. it recei ed all the e idence already ii. where the issue raised is the propriety of judgment on pleadings ii. 4his is a prerogati e writ8 ne er demandable as a matter of right8 ne er issued except in the exercise of judicial discretion 1. *ence8 certiorari is not a ailable when the secretary merely promulgated the rule in accordance with the mandate of law iii. *owe er8 the cases in which certiorari will issue cannot be defined because to do so will destroy its comprehensi eness M usefulness i . 4he 4E94 is: so long as the ends of justice may require7 in order to pre ent a substantial wrong or to do substantial justice. b. :urpose i. 4he purpose is to /eep the administrati e agency within its jurisdiction and protect the substantial rights of parties affected by its decisions !RO8I9ITION a. Definition of :rohibition: a writ by which a superior court pre ents inferior courts8 corporations8 boards or person from usurping or exercising a jurisdiction or power where they are not ested by law b. :urpose: i. 4o pre ent the doing of some act which is about to be done 1. *ence8 writ will not issue for acts already accomplished Ebut can still be had to undone what is done to afford complete reliefF %. 4he court has the power to mould the writ: it can add a grant of appropriate relief or limit it ii. ?ot to correct errors of judgment but to pre ent usurpation and compel tribunals to be within limitation of jurisdiction MANDAMUS a. Definition of >andamus E!We "ommandF: a writ issued in the names of the 9tate8 to an inferior tribunal8 corporation8 board or person8 commanding the performance of the act which the law enjoins as a duty resulting from an office8 trust or station b. :urpose: i. 4o compel the performance when refused8 of a >,?,94EB,<; duty not of a discretionary duty 1. !>inisterial DutyD ' that which is so clear and specific as to lea e no room for the exercise of discretion in its performance7 purely ministerial acts are acts to be performed in a prescribed manner in obedience to the mandate of legal authority without regard to the exercise of his own judgment upon the propriety or impropriety of the act done. %. !Discretionary DutyD ' that by which in its nature requires the exercise of judgment +. ,t is the court that decides whether the judgment is ministerial or discretionary -. Exceptions a. when the court compels a court to ma/e judgment in ol ing discretion7 note that what is being compelled is not the exercise of discretion but just to exercise its discretion ii. ?ot to require anyone to fulfill a contractual obligation or to compel a course of conduct nor to control or re iew the exercise of jurisdiction c. @rounds

a.

3(

d.

e.

f. g.

i. <gainst any tribunal8 corporation8 board or person which unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from law8 office8 trust or station 1. Does not include contractual obligation because the remedy is specific performance ii. <gainst any tribunal8 corporation8 board or person which unlawfully excludes another from the use and enjoyment of a right or office to which the other is entitled iii. 4here is no :9< remedy in the ordinary course of law Bequisites i. 4here is a purely ministerial duty ii. < clear legal right Enot discretionary rightF 1. !"lear ;egal BightD: right which is clearly founded in or granted by law7 a right which is inferable by law that there is no discretion needed7 or there be as doubt where the right exists iii. <n imperati e duty :arties i. =nly the person aggrie ed7 who possesses a right8 whether public or pri ate 1. !:ri ate BightD ' there must be a showing of personal or special interest where the right is clear %. !:ublic BightD ' must show that he is a citizen with interest to execution of the laws a. taxpayer#s suits 1. Public 6unds are disbursed by political subdivision or instrumentality ". A law is violated or some irregularity is committed ). Petitioner is directly affected by ultra vires act ?,E i. >andamus to compel disbursement when there is no appropriation ii. 4he reinstatement that requires discretion ,.E. i. "ompel registration of <," ii. "ompel appro al of record on appeal iii. "ompel dismissal of complaint if there is no cause of action i . "ompel disclosure of matters of public concern . "ompel dismissal due to prescription i. "ompel to restore or return articles

"omparisons "ertiorari :rohibition >andamus <s to prayer "ertiorari is intended to annul proceedings :rohibition intends to pre ent a power about to be exercised without jurisdiction <s to Bemedy "ertiorari is correcti e and refers to acts already consummated :rohibition is pre enti e to restrain the doing of some act which is about to be done :rohibition >andamus >andamus is an affirmati e remedy commanding certain things to be done prohibition is a negati e remedy which forbids the doing of certain things which ought not to be done :rohibition ,njunction ,njunction recognizes the jurisdiction of the court before which the proceeding is pending :rohibition stri/es at once to the jurisdiction of the court

-.

).

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&urisdiction a. 4he writ of certiorari8 prohibition and mandamus in ol es the exercise of original jurisdiction7 thus8 such authority is always conferred by the consti or law7 note that there are instances of concurrent jurisdiction li/e the 9" and "=>E;E" b. 4he writs can be exercised in any part of the region c. 9ince cognizable in all courts8 one must respect the hierarchy ,mportant considerations a. 4here must be exercise of judicial or quasi judicial functions Enot proceduralF b. 4he error is in jurisdiction and not un the exercise thereof c. "ertiorari cannot be used as substitute for appeal Ethe antithetic character of the remedyF i. "ertiorari presupposes absence of appeal7 or if appeal is a ailable8 there are special and compelling reasons to ha e certiorari ii. *ence8 the 4E94 to /now if certiorari is a ailable is to loo/ at adequacy of appeal as remedy d. (inality of Decision does not bar certiorari Bequisites a. ,t must be directed against a tribunal8 board or officer exercising judicial or quasi$judicial functions i. KExercising judicial functions# ' a body or officer may be said to be exercising judicial functions when such officer or body is clother with authority and underta/es to determine what the law is and what legal rights of the parties are with respect to the matter in contro ersy. ii. 4he presumption is that the person acted in accordance with justice and fair play iii. Definition of &urisdictional Luestions ' this is a question that has to do with indifferent disregard of the law8 arbitrariness or caprice or omission to weigh pertinent considerations8 a decision arri ed at without rational deliberation. 1. 4his is different from questions that require digging into the merits of the case and unearthing errors of judgment re iewable by -) a. ,.e. errors in appreciating e idence i. Cnless there is an abuse of the right b. ,.e. absence of baranggay proceeedings b. 4he 4A= has acted without or in excess of jurisdiction or with gra e abuse of discretion i. >ay choose not to specify this7 o/ lang /ahit wala /asi mere conclusions of law ii. Definition of gra e abuse of discretion ' Edefies exact definitionF but generally refers to capricious or whimsical exercise of judgment as is equi alent to lac/ of jurisdiction. 4he abuse of discretion must be patent and gross as to amount to an e asion of positi e duty or a irtual refusal to perform a duty enjoined by law or to act at all in contemplation of law8 as where the power is exercised in an arbitrary and despotic manner by reason of passion and hostility. iii. &urisdiction s Exercise of &urisdiction 1. jurisdiction$ authority to hear and determine a cause &( Jur#$"#ct#o% o%ce &c:u#re", #$ %ot ;o$t <y &%y error #% t+e exerc#$e t+ereo-( %. exercise of jurisdiction$ decision on all other questions arising in the case Erelated to errors of judgmentF +. Jcertiorari should show error in jurisdiction than error in exercise of jurisdiction7 because the latter is an error in judgment re iewable by appeal a. *ence8 nature of question Ewhether it be question of law or factF is immaterial7 any error thereon is re iewable by appeal c. 4here is no appeal8 nor plain8 speedy and adequate remedy in the course of law i. <dequate Bemedy ' remedy which is beneficial8 speedy and sufficient ii. Examples: appeals8 accelerated judgment8 >B8 ?48 third party claims8 admin remedies8 iii. Beason to exhaust a ailable remedies 1st: court must be gi en opportunity to correct itself 1. @B: file appeals first or >B a. Exceptions: Ewhere >B is uselessF i. Aroader interest of justice requires Epublic welfare or policyF

0.

ii. Where appeal is not a ailable i.e. prelim attachment and appointment of a recei er iii. Where >B and present case would essentially raise the same points i . Where error is patent or order is oid . Where relief is urgent i.e. partial summary judgment i. Where proceedings in lower court depri ed the defendant of due process Ei.e. was not allowed to objectF ii. Exhaustion of remedies is with regard to pure questions of law i . @B: when there is appeal8 there is no certiorari 1. exceptions: !AB=<DEB ,?4EBE94 =( &C94,"E :B,?",:;ED a. there is an oppressi e exercise of authority b. capricious dismissal of criminal actions c. when appeal is a slow and insufficient remedy d. where there will be a failure or miscarriage of justice %. exception: where appeal and certiorari can be had at the same time a. when certiorari refers to certain incidents of the appeal b. when remedies are not incompatible c. again8 in the broader interest of justice principle d. :etition is erified and must allege facts with certainty i. 2erification is not a fatal defect e. :etition must be accompanied with judgment8 pleadings and other documents f. "ertificate of forum shopping <ppeal by "ertiorari s 9pecial "i il <ction for "ertiorari

5ule 4B Appeal 0efinition> reviews errors of committed by court in e2ercise of jurisdiction amounting only to 755O5 O6 +udgment 5esolves a .uestion of law NWisdom of +udgmentN @rounds of CB cant be included ?imited to final orders on merits 8tays the judgment made within reglamentary period to appeal the parties are limited to the original parties '5 is not a condition precedent

5ule CB 8pecial Civil Action NWrit of Certiorari! 0efinition> issues for correction of errors of jurisdiction only or gadalej to :eep inferior court within its boundaries! 5esolves e2istence of gadlej N+urisdictionN @rounds of 4B can be included #ncludes even interlocutory order or where there is no appeal or any other P8A remedy 0oes not stay judgment unless there is injunction or -5O made within C1d from order of judgment should included the judge or .j agency '5 is a condition precedentF with some e2ceptions

the 8C here is e2ercising review powers in its appelate jurisdtiction A continuation of judgment complained of
1. :arties a. b.

the 8C here is e2ercising powers of control and supervision over lower courts in its original jurisdtiction An original and independent actionF will not be allowed as substitute for failure to file petition for review

;imited to parties of the case < non$party cannot file certiorari because she does not ha e requisite standing to the court7 she must ha e inter ened prior judgment c. &udges are included as formal parties i. *e need not answer unless directed by the court 1. unless personal moti es are attributed to the judge 3. :eriod to (ile a. @B: .5d b. 4E94: reasonableness of the duration of the time that has expired from the commission of the act complained of up to the institution of proceedings to annul the same c. >aterial dates i. Beceipt of notice of decision denying the appeal E>B and ?4 includedF ii. 4he (iling of >B iii. Jthese must be alleged 15. :rocedural =utline a. (iling of petition b. =utright dismissal Eif not sufficient in form and substanceF c. =rder to comment d. "ourt can dismiss if it finds the same as to be patently without merit8 prosecuted for delay8 questions are too unsubstantial e. "ourt to require filing of reply and such other pleadings f. Determination of due course g. "ourt may hear the case or require memoranda h. &udgment i. Execution 11. 9pecial miscellaneous rules a. 9er ice and proof of ser ice is a must b. "ertiorari can be dismissed without a hearing Ee en if an answer has been ordered alreadyF c. 4he petition does not allow disputed facts7 L=( are improper i. Except ;abor "ases d. Effect of (ailure to <nswer i. "annot be interpreted as admission of the allegations ii. Aut if there be false allegations8 court can dismiss it outright e. <ward of Damages i. Discretionary on the court Eas per 9ec 1 and %F ii. ,f there is bad faith8 damages may be rewarded RULE == Quo Warranto Sect#o% '( Action by Government against individuals. <n action for the usurpation of a public office8 position or franchise may be commenced by a erified petition brought in the name of the Bepublic of the :hilippines against: EaF < person who usurps8 intrudes into8 or unlawfully holds or exercises a public office8 position or franchise7

EbF < public officer who does or suffers an act which8 by the pro ision of law8 constitutes a ground for the forfeiture of his office7 or EcF <n association which acts as a corporation within the :hilippines without being legally incorporated or without lawful authority so to act. E1aF Sect#o% 7( hen !olicitor General or public prosecutor must commence action . 4he 9olicitor @eneral or a public prosecutor8 when directed by the :resident of the :hilippines8 or when upon complaint or otherwise he has good reason to belie e that any case specified in the preceding section can be established by proof8 must commence such action. E+aF Sect#o% 3( hen !olicitor General or public prosecutor may commence action with permission of court . 4he 9olicitor @eneral or a public prosecutor may8 with the permission of the court in which the action is to be commenced8 bring such an action at the request and upon the relation of another person7 but in such case the officer bringing it may first require an indemnity for the expenses and costs of the action in an amount appro ed by and to be deposited in the court by the person at whose request and upon whose relation the same is brought. E-aF Sect#o% >( hen hearing had on application for permission to commence action . Cpon application for permission to commence such action in accordance with the next preceding section8 the court shall direct that notice be gi en to the respondent so that he may be heard in opposition thereto7 and if permission is granted8 the court shall issue an order to that effect8 copies of which shall be ser ed on all interested parties8 and the petition shall then be filed within the period ordered by the court. E)aF Sect#o% ?( hen an individual may commence such an action. < person claiming to be entitled to a public office or position usurped or unlawfully held or exercised by another may bring an action therefor in his own name. E.F Sect#o% =( "arties and contents of petition against usurpation . When the action is against a person for usurping a public office8 position or franchise8 the petition shall set forth the name of the person who claim to be entitled thereto8 if any8 with an a erment of his right to the same and that the respondent is unlawfully in possession thereof. <ll persons who claim to be entitled to the public office8 position or franchise may be made parties8 and their respecti e rights to such public office8 position or franchise determined8 in the same action. E0aF Sect#o% @( #enue. <n action under the preceding six sections can be brought only in the 9upreme "ourt8 the "ourt of <ppeals8 or in the Begional 4rial "ourt exercising jurisdiction o er the territorial area where the respondent or any of the respondents resides8 but when the 9olicitor @eneral commences the action8 it may be brought in a Begional 4rial "ourt in the "ity of >anila8 in the "ourt of <ppeals8 or in the 9upreme "ourt. E1aF Sect#o% A( "eriod for pleadings and proceedings may be reduced 7 action given precedence. 4he court may reduce the period pro ided by these Bules for filing pleadings and for all other proceedings in the action in order to secure the most expeditious determination of the matters in ol ed therein consistent with the rights of the parties. 9uch action may be gi en precedence o er any other ci il matter pending in the court. E3aF Sect#o% 9( $udgment where usurpation found. When the respondent is found guilty of usurping into8 intruding into8 or unlawfully holding or exercising a public office8 position or franchise8 judgment shall be rendered that such respondent be ousted and altogether excluded therefrom8 and that the petitioner or relator8 as the case may be8 reco er his costs. 9uch further judgment may be rendered determining the respecti e rights in and to the public office8 position or franchise of all the parties to the action as justice requires. E15aF Sect#o% 'B( %ights of persons ad&udged entitled to public office 7 delivery of boo's and papers7 damages. ,f judgment be rendered in fa or of the person a erred in the complaint to be entitled to the public office he may8 after ta/ing the oath of office and executing any official bond required by law8 ta/e upon himself the execution of the office8 and may immediately thereafter demand of the respondent all the boo/s and papers in the respondentNs custody or control appertaining to the office to which the judgment relates. ,f the respondent refuses or neglects to deli er any boo/ or paper pursuant to such demand8 he may be punished for contempt as ha ing disobeyed a lawful order of the

court. 4he person adjudged entitled to the office may also bring action against the respondent to reco er the damages sustained by such person by reason of the usurpation. E1)aF Sect#o% ''( (imitations. ?othing contained in this Bule shall be construed to authorize an action against a public officer or employee for his ouster from office unless the same be commenced within one E1F year after the cause of such ouster8 or the right of the petitioner to hold such office or position8 arose8 nor to authorize an action for damages in accordance with the pro isions of the next preceding section unless the same be commenced within one E1F year after the entry of the judgment establishing the petitionerNs right to the office in question. E1.aF Sect#o% '7( $udgment for costs. ,n an action brought in accordance with the pro isions of this Bule8 the court may render judgment for costs against either the petitioner8 the relator8 or the respondent8 or the person or persons claiming to be a corporation8 or may apportion the costs8 as justice requires. E10aF

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Definition of Luo Warranto: a prerogati e writ by which the go ernment can callupon any person to show by what warrant he holds a public office or exercises a public franchise. ,t is a proceeding to determine the right to the use or exercise of a frachise or office and to oust the holder from its enjoyment8 if his claim is not well$ founded or if he has forfeited his right to enjoy the pri ilege. a. Electi e =ffice ' disloyalty or ineligibility issues b. <ppointi e =ffice ' legality of the appointment 9ubject >atter of quo warranto a. :ublic officer b. (ranchise c. "orporate office act or right d. Jcommenced usually by the 9@ or a fiscal when directed by the :resident or when upon a complaint or otherwise he has good reasons to belie e that proper action by the 9tate against an indi idual or corporation would lie. e. ,ncludes an action by the person claiming to be entitled to a public office or position against another @rounds EaF < person who usurps8 intrudes into8 or unlawfully holds or exercises a public office8 position or franchise7 EbF < public officer who does or suffers an act which8 by the pro ision of law8 constitutes a ground for the forfeiture of his office7 or EcF <n association which acts as a corporation within the :hilippines without being legally incorporated or without lawful authority so to act. E1aF

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&urisdiction a. =riginal jurisdiction is ested with 9"8 "< and B4" b. "=>E;E" has jurisdiction o er a oter#s action contesting the election of any officer on the ground of i. ,neligibility ii. Disloyalty to the state iii. ;ac/ of (ilipino citizenship E9@ or person claiming officeF :arties a. Jcommenced usually by the 9@ or a fiscal when directed by the :resident or when upon a complaint or otherwise he has good reasons to belie e that proper action by the 9tate against an indi idual or corporation would lie. b. ,ncludes an action by the person claiming to be entitled to a public office or position against another c. Aut8 the person must a er the right to office else8 can be dismissed i. Except of course the fiscal or 9@

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9pecial Bules a. Damages can also be claimed by true holder of the office b. <cceptance of another office is abandonment of action c. 4he pendency of an administrati e remedy does not suspend the period to file the quo warranto :rocedure a. (iling of erified petition by a person or the 9tate b. :leadings and proceedings c. &udgment d. =usterIreinstitutionI determination of rights

LC= W<BB<?4= mandamus a. <s to effects i. LC= W<BB<?4= ' remedy to try or test the right to an office or frachise ii. >andamus ' does not try disputed titles but enforces clear legal duties 3. quo warranto Election contests a. <s to purpose i. Election :rotests ' disputes concerning counting of otes or on matters connected with the conduct of election7 i.e. fraud and irregularities in the casting and counting of ballots or in the preparation of returns7 it raises the question of who actually obtained the plurality of the legal otes and therefore is entitled to hold the office ii. LC= W<BB<?4= ' applicable when the dispute is on the ineligibility to office regarding matters dissociated with those settled at the polls by the people b. <s to etc i. LC= W<BB<?4= ' petitioner is not occupying the position in dispute7 limited to the ground of disloyalty or ineligibility7 a procceding to unseat the respondent from office but not necessarily to install the petitioner in his place. EO:B=:B,<4,=?

1.

R234 !" 48propriation &ection 1' %he complaintC .he right of eminent domain shall be e%ercised by the filing of a verified complaint which shall state with certainty the right and purpose of e%propriation, describe the real or personal property sought to be e%propriated, and join as defendants all persons owning or claiming to own, or occupying, any part thereof or interest therein, showing, so far as practicable, the separate interest of each defendantC 2f the title to any property sought to be e%propriated appears to be in the Republic of the +hilippines, although occupied by private individuals, or if the title is otherwise obscure or doubtful so that the plaintiff cannot with accuracy or certainty specify who are the real owners, averment to that effect shall be made in the complaintC ;1a< &ection 2' Entry of plaintiff upon depositing value with authori3ed government depositary C Kpon the filing of the complaint or at any time thereafter and after due notice to the defendant, the plaintiff shall have the right to take or enter upon the possession of the real property involved if he deposits with the authoriJed government depositary an amount e9uivalent to the assessed value of the property for purposes of ta%ation to be held by such bank subject to the orders of the courtC !uch deposit shall be in money, unless in lieu thereof the court authoriJes the deposit of a certificate of deposit of a government bank of the Republic of the +hilippines payable on demand to the authoriJed government depositaryC 2f personal property is involved, its value shall be provisionally ascertained and the amount to be deposited shall be promptly fi%ed by the courtC

/fter such deposit is made the court shall order the sheriff or other proper officer to forthwith place the plaintiff in possession of the property involved and promptly submit a report thereof to the court with service of copies to the partiesC ;2a< &ection 3' )efenses and objectionsC 2f a defendant has no objection or defense to the action or the taking of his property, he may file and serve a notice of appearance and a manifestation to that effect, specifically designating or identifying the property in which he claims to be interested, within the time stated in the summonsC .hereafter, he shall be entitled to notice of all proceedings affecting the sameC 2f a defendant has any objection to the filing of or the allegations in the complaint, or any objection or defense to the taking of his property, he shall serve his answer within the time stated in the summonsC .he answer shall specifically designate or identify the property in which he claims to have an interest, state the nature and e%tent of the interest claimed, and adduce all his objections and defenses to the taking of his propertyC No counterclaim, cross7claim or third7party complaint shall be alleged or allowed in the answer or any subse9uent pleadingC / defendant waives all defenses and objections not so alleged but the court, in the interest of justice, may permit amendments to the answer to be made not later than ten ;1,< days from the filing thereofC Bowever, at the trial of the issue of just compensation whether or not a defendant has previously appeared or answered, he may present evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the awardC ;n< &ection 4' Order of expropriationC 2f the objections to and the defenses against the right of the plaintiff to e%propriate the property are overruled, or when no party appears to defend as re9uired by this Rule, the court may issue an order of e%propriation declaring that the plaintiff has a lawful right to take the property sought to be e%propriated, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the taking of the property or the filing of the complaint, whichever came firstC / final order sustaining the right to e%propriate the property may be appealed by any party aggrieved therebyC !uch appeal, however, shall not prevent the court from determining the just compensation to be paidC /fter the rendition of such an order, the plaintiff shall not be permitted to dismiss or discontinue the proceeding e%cept on such terms as the court deems just and e9uitableC ;@a< &ection ' Ascertainment of compensationC Kpon the rendition of the order of e%propriation, the court shall appoint not more than three ;3< competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be takenC .he order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the courtC 4opies of the order shall be served on the partiesC 6bjections to the appointment of any of the commissioners shall be filed with the court within ten ;1,< days from service, and shall be resolved within thirty ;3,< days after all the commissioners shall have received copies of the objectionsC ;5a< &ection !' !roceedings by commissionersC Defore entering upon the performance of their duties, the commissioners shall take and subscribe an oath that they will faithfully perform their duties as commissioners, which oath shall be filed in court with the other proceedings in the caseC (vidence may be introduced by either party before the commissioners who are authoriJed to administer oaths on hearings before them, and the commissioners shall, unless the parties

consent to the contrary, after due notice to the parties, to attend, view and e%amine the property sought to be e%propriated and its surroundings, and may measure the same, after which either party may, by himself or counsel, argue the caseC .he commissioners shall assess the conse9uential damages to the property not taken and deduct from such conse9uential damages the conse9uential benefits to be derived by the owner from the public use or purpose of the property taken, the operation of its franchise by the corporation or the carrying on of the business of the corporation or person taking the propertyC Dut in no case shall the conse9uential benefits assessed e%ceed the conse9uential damages assessed, or the owner be deprived of the actual value of his property so takenC ;"a< &ection "' Report by commissioners and judgment thereuponC .he court may order the commissioners to report when any particular portion of the real estate shall have been passed upon by them, and may render judgment upon such partial report, and direct the commissioners to proceed with their work as to subse9uent portions of the property sought to be e%propriated, and may from time to time so deal with such propertyC .he commissioners shall make a full and accurate report to the court of all their proceedings, and such proceedings shall not be effectual until the court shall have accepted their report and rendered judgment in accordance with their recommendationsC (%cept as otherwise e%pressly ordered by the court, such report shall be filed within si%ty ;",< days from the date the commissioners were notified of their appointment, which time may be e%tended in the discretion of the courtC Kpon the filing of such report, the clerk of the court shall serve copies thereof on all interested parties, with notice that they are allowed ten ;1,< days within which to file objections to the findings of the report, if they so desireC ;#a< &ection #' Action upon commissionersA reportC Kpon the e%piration of the period of ten ;1,< days referred to in the preceding section, or even before the e%piration of such period but after all the interested parties have filed their objections to the report or their statement of agreement therewith, the court may, after hearing, accept the report and render judgment in accordance therewith, or, for cause shown, it may recommit the same to the commissioners for further report of facts, or it may set aside the report and appoint new commissioners8 or it may accept the report in part and reject it in part and it may make such order or render such judgment as shall secure to the plaintiff the property essential to the e%ercise of his right of e%propriation, and to the defendant just compensation for the property so takenC ;$a< &ection $' 9ncertain ownership8 conflicting claimsC 2f the ownership of the property taken is uncertain, or there are conflicting claims to any part thereof, the court may order any sum or sums awarded as compensation for the property to be paid to the court for the benefit of the person adjudged in the same proceeding to be entitled theretoC Dut the judgment shall re9uire the payment of the sum or sums awarded to either the defendant or the court before the plaintiff can enter upon the property, or retain it for the public use or purpose if entry has already been madeC ;La< &ection 1%' Rights of plaintiff after judgment and payment C Kpon payment by the plaintiff to the defendant of the compensation fi%ed by the judgment, with legal interest thereon from the taking of the possession of the property, or after tender to him of the amount so fi%ed and payment of the costs, the plaintiff shall have the right to enter upon the property e%propriated and to appropriate it for the public use or purpose defined in the judgment, or to retain it should he have taken immediate possession thereof under the provisions of section 2 hereofC 2f the defendant and his counsel absent themselves from the court, or decline to receive the amount tendered, the same shall be ordered to be deposited in court and such deposit shall have the same effect as actual payment thereof to the defendant or the person ultimately adjudged entitled theretoC ;1,a< &ection 11' Entry not delayed by appeal8 effect of reversalC .he right of the plaintiff to enter upon the property of the defendant and appropriate the same for public use or purpose shall not be delayed by an appeal from the judgmentC Dut if the appellate court determines that plaintiff has

no right of e%propriation, judgment shall be rendered ordering the Regional .rial 4ourt to forthwith enforce the restoration to the defendant of the possession of the property, and to determine the damages which the defendant sustained and may recover by reason of the possession taken by the plaintiffC ;11a< &ection 12' $osts& by whom paidC .he fees of the commissioners shall be ta%ed as a part of the costs of the proceedingsC /ll costs, e%cept those of rival claimants litigating their claims, shall be paid by the plaintiff, unless an appeal is taken by the owner of the property and the judgment is affirmed, in which event the costs of the appeal shall be paid by the ownerC ;12a< &ection 13' Recording judgment, and its effectC .he judgment entered in e%propriation proceedings shall state definitely, by an ade9uate description, the particular property or interest therein e%propriated, and the nature of the public use or purpose for which it is e%propriatedC Ihen real estate is e%propriated, a certified copy of such judgment shall be recorded in the registry of deeds of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purposeC ;13a< &ection 14' !ower of guardian in such proceedingsC .he guardian or guardian ad litem of a minor or of a person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the e%propriation for public use or purpose of property belonging to such minor or person judicially declared to be incompetent, which such minor or person judicially declared to be incompetent could do in such proceedings if he were of age or competentC ;1@a< ,. E>,?E?4 D=><,? 1. Definition ' eminent domain or the power of expropriation is the authority and the right of the state8 as so ereign8 to ta/e pri ate property for public use upon obser ance of due process of law and payment of just compensation. %. "haracteristics i. strictly construed ' because in derogation of property rights 1. J&esus is ;ord case ' there is strict construction as it is the harshest law on property rights %. J<migable "uenca ' cannot use ED to perpetrate injustice7 state immunity cannot be used as a defense so as not to comply with just compensation +. who may exercise the power6 i. @B: the ;egislature 1. except: delegates with 2<;,D DE;E@<4,=? a. :resident b. <dmin bodies c. ;@Cs Ethe law ma/ing bodiesF i. B< 01.58 9ec 13 ' for ED be exercised8 there must be: ordinance P alid offer P rejected 1. if not rejected8 it becomes a contract of sale d. :B,2<4E E?4EB:B,9E9 ' performing public ser ices %. reason: this is a 94<4E power7 ;@Cs are creations by state to share administration and not powers -. 4ests for alid exercise i. ,s there ?E"E99,4G6 1. @B: :=;,4,"<; LCE94,=? a. Exceptions i. ,f exercised by delegate ' because they are limited by the terms and conditions in sec 13 of 01.5 ii. Bights are iolated %. J"ity of >anila "hinese "ommunity ' a. ,ssues

i. "an courts inquire into the necessity6 1. yes because exercised by the delegate %. two types a. general grant ' can inquire if necessity is pursuant to general grant6 b. 9pecific grant ' no7 political question itoQ 9ince this is legislature#s wisdom ii. "an >anila expropriate6 1. no8 because no necessity since there is an alternate road iii. "an expropriate e en if public6 1. yes8 if under specific grant %. no8 if under general grant ii. ,s there :B,2<4E :B=:EB4G6 1. co erage: all that can be owned7 e en ser ices EJBepublic :;D4F a. except: i. money ' what#s the point of just compensation ii. choses in action ' causes of action7 property in dispute %. J<gain8 according to the "hinese community case8 if the grant is specific8 pri ate property with public use can be expropriated7 but if general8 you cannot +. J>asi/ip :asig ' same doctrine as "hinese community iii. ,s there 4<H,?@ in the constitutional sense6 1. - requisites EBepublic "astel iF a. Expropriator must enter pri ate property b. Entry be more than momentary period c. Entry be under warrant or color of authority d. :roperty be de oted to public use or otherwise informally appropriated or injuriously affected e. Ctilization of the property must be in the way to oust owner and depri e him beneficial enjoyment of the property %. ta/ing in the constitutional case is different from oluntary sale7 different from lease a. J<ssoc of 9mall ;andowers ' read b. JBepublic "astell i i. 13-0 ' lease7 13)3: expropriation ii. When is just compensation: filing or ta/ing6 1. 9": 13-0 is not ta/ing because occupation is pursuant to a lease7 -th requisite of depri ing the owner of bemeficial enjoyment is not met as the owner recei ed rentals %. *ence8 13)3 which is the filing and ta/ing date determines just compensation c. J*eirs of ,daco <4= E@B1.%0338 &une 1) #50F i. <4= did not pay rents to the pri ate property owners7 13-1 ' occupation7 1335: expropriation filed ii. When is just compensation: filing or ta/ing6 iii. 9": 13-1. Aut since there will be gra e injustice8 the alue of the propert is assessed on 1335. i . :ro ides the exception to the rule that the date of compensation is the date of ta/ing +. it includes a. trespass without actual e iction ' ouster not reqQ i. the exercise of ED does not always result in the ta/ing or appropriation of title to the expropriated property7 it may

only result in the imposition of a burden upon the owner of the condemned property7 without loss of title or possession ii. JBepublic :;D4 ' interconnection is wanted by the @o ernment from :;D4 1. no actual ta/ingl only easement subject to compensation7 a !burdenD is imposed7 there is no loss of title ' but still this is ta/ing iii. J?:" @utierrez ' ?apocor expropriated transmission lines7 issue: is it full payment or easement fees only6 9": full payment 1. because there is danger to life M limbs %. the trees are to grow +m only +. hence8 practically8 no useQ b. material impairment of the property c. pre ention of ordinary uses for which the property is intended d. what is compensable ta/ing6 i. =rdinance for mo ie house as to limit seats: since for public con enience ' not compensable ii. =rdinance for how high the building is ' compensable as in J:eople (ajardo 1. if one person ' compensable %. if many ' non compensable i . ,s there :CA;," C9E6 1. definition: the general concept of meeting public need or exigency7 not confined to actual used by the public in the traditional sense a. double public use is allowed7 it is up to the discretion of the congress %. two types Eexpanded definitionF a. public purpose ' with direct benefit b. indirect ad antage to the public ' e en if only one sector c. J9umulong @uerrero d. J>ansoca "< ' the indirect benefit to ,?H people does not mean there is no public purpose 4he Rpublic useR requirement for a alid exercise of the power of eminent domain is a flexible and e ol ing concept influenced by changing conditions. ,t has acquired a more comprehensi e co erage. 4o the literal import of the term signifying strict use or employment by the public has been added the broader notion of indirect public benefit or ad antage. e. . ,s there &C94 "=>:E?9<4,=?6 1. What6 a. 4he full M fair equi alent of property a/en7 it is the fair mar/et alue plus consequential damages less consequential benefits b. (air mar/et alue ' sum of money which a person desirous but not compelled to buy8 an owner willing to sell but no compelled to sell would agree on the price c. ,t includes payment in time %. When6 a. @B: date of ta/ing ' Bepublic "astell i i. Exception ' gra e injustice ' *eirs of ,daco <4= +. What form6 a. "ash b. Aonds i. <ssoc of 9mall ;andowners 9<B ' in "<B:8 bonds are allowed because we do not deal with traditional exercise of ED7 this is re olutionary and it in ol es billions of pesos c. 4ax credit i. ",B >ercury Drug

1. %. -.

wants tax credit because of %5S incenti e to senior citizens 9": yes since this is compensable ta/ing with just compensation

,,.

*ow determined6 a. &udicial function b. Dipidio 9a ers ' mining act#s sec 0. pro ides that 2< determines price of lot7 9": this is not encroachment because the 2< is only for transaction7 the final price is the courts to determine i. ,s there DCE :B="E99 =( ;<W6 1. so long as rule .0 is followed a. 9ec 1 ' -: complaint M defenses b. )$ 1-: just compensation i. E erything is recommendatory because courts must decide %. <migable "uenca ' no 9tate immunity as defense to deny just compensation Expropriation 1. !>unicipality of Ainan @arciaD

2ssues) .he first is whether the special civil action of eminent domain under Rule "# of the Rules of 4ourt is a case Ewherein multiple appeals are allowed, 1 as regards which Athe period of appeal shall be thirty F3,G days, 2 instead of fifteen ;15< daysC 3 .he second is whether or not the .rial 4ourt may treat the motion to dismissE filed by one of the defendants in the action of eminent domain as a Emotion to dismissE under Rule 1" of the Rules of 4ourt, reverse the se9uence of trial in order and hear and determine said motion to dismiss, and thereafter dismiss the e%propriation suit as against the movantC;'i important and second issue< /nd the third is whether or not a Elocational clearance issued by the Buman !ettlements Regulatory 4ommission relative to use of land is a bar to an e%propriation suit involving that landC Ruling) 1C 2t is 3, days and 15 daysC Reason) there are more than two appeals allowed in eminent domain, unlike other actionsC .he action of the municipality was filed on timeC aC !tages of (%propriation ;2 +hases< +hase 1) .he first is concerned with the determination of the authority of the plaintiff to e%ercise the power of eminent domain and the propriety of its e%ercise in the conte%t of the facts involved in the suitC 1$ 2t ends with an order, if not of dismissal of the action, Eof condemnation declaring that the plaintiff has a lawful right to take the property sought to be condemned, for the public use or purpose described in the complaint, upon the payment of just compensation to be determined as of the date of the filing of the complaintCE 2% /n order of dismissal, if this be ordained, would be a final one, of course, since it finally disposes of the action and leaves nothing more to be done by the 4ourt on the &eritsC 21 !o, too, would an order of condemnation be a final one, for thereafter, as the Rules e%pressly state, in the proceedings before the .rial 4ourt, Eno objection to the e%ercise of the right of condemnation ;or the propriety thereof< shall be flied or heardC 22 +hase 2) 2t is concerned with the determination by the 4ourt of Ethe just compensation for the property sought to be takenCE .his is done by the 4ourt with the assistance of not more than three ;3< commissionersC 23 .he order fi%ing the just compensation on the basis of the evidence before, and findings of, the commissioners would be final, tooC 2t would finally dispose of the second stage of

the suit, and leave nothing more to be done by the 4ourt regarding the issueC 6bviously, one or another of the parties may believe the order to be erroneous in its appreciation of the evidence or findings of fact or otherwiseC 6bviously, too, such a dissatisfied party may seek reversal of the order by taking an appeal therefromC bC &iranda 'octrine P Bence, the decrees in eminent domain is similar to actions for partitionsC .he accounting of properties are final ;to effect speedy justice< and hence duly appealableC ;Note) +ang remedial law na ito, what is important is that pwedeng i7appeal ang eminent domain cases because it is finalC 'in a kailangan hintaying pa matapos ang accounting ng properties kasi matagal yun< cC /nother evidence na more than 2 ang appeal) there are multiple appeals as in the case when the judge allowed 3rancisco to have a motion for separate trial aside from motion to dismissC 2pso facto, multiple appeals are availableC 2C Regarding third issue) aC Knder rule 1", a locational clearance is not a legal bar to e%propriation suitC 2t is not an evidence to prove lack of cause of actionC Knder the rule, lack of cause of action is not a ground for dismissalC bC /lso, the location clearance provides that it shall be shall be considered automatically revoked if not used within a period of one ;1< year from date of issue,E .he unrebutted fact that 3rancisco had not really made use of it within that period makes it a worthless sheet of paperC

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4he parties include all those who ha e interest therein i. 4he judgment does not affect a person who is not a party 4he order of condemnation is final and appealable no need to file a counterclaim for just compensation ascertainment of just compensation is a judicial function 4itle cannot pass unless there is indemnity :rocedure i. (iling of a 2erified complaint 1. contains: description of property8 state the right and purpose of expropriation and name all the parties ii. Deposit amount equal to assessed alue of property iii. Entry to property of plaintiff i . Defendant to pose answers 1. no counterclaim8 cross claim or +p claim allowed . =rder of Expropriation i. <scertainment of compensation ii. :roceedings by commissioners and their report iii. <ction upon report ' court can accept8 reject8 modify8 ree aluate ix. &udgment

(=BE";=9CBE =( BE<; E94<4E >=B4@<@E

R234 !# 6oreclosure of Real 4state <ortgage

&ection 1' $omplaint in action for foreclosureC 2n an action for the foreclosure of a mortgage or other encumbrance upon real estate, the complaint shall set forth the date and due e%ecution of the mortgage8 its assignments, if any8 the names and residences of the mortgagor and the mortgagee8 a description of the mortgaged property8 a statement of the date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon8 and the names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgage, all of whom shall be made defendants in the actionC ;1a< &ection 2' #udgment on foreclosure for payment or saleC 2f upon the trial in such action the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and other charges as approved by the court, and costs, and shall render judgment for the sum so found due and order that the same be paid to the court or to the judgment obligee within a period of not less than ninety ;L,< days nor more than one hundred twenty ;12,< days from the entry of judgment, and that in default of such payment the property shall be sold at public auction to satisfy the judgmentC ;2a< &ection 3' Sale of mortgaged property8 effectC Ihen the defendant, after being directed to do so as provided in the ne%t preceding section, fails to pay the amount of the judgment within the period specified therein, the court, upon motion, shall order the property to be sold in the manner and under the provisions of Rule 3L and other regulations governing sales of real estate under e%ecutionC !uch sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof, and when confirmed by an order of the court, also upon motion, it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser, subject to such rights of redemption as may be allowed by lawC Kpon the finality of the order of confirmation or upon the e%piration of the period of redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligorC .he said purchaser or last redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosureC ;3a< &ection 4' )isposition of proceeds of saleC .he amount realiJed from the foreclosure sale of the mortgaged property shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when there shall be any balance or residue, after paying off the mortgage debt due, the same shall be paid to junior encumbrancers in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers or there be a balance or residue after payment to them, then to the mortgagor or his duly authoriJed agent, or to the person entitled to itC ;@a< &ection ' "ow sale to proceed in case the debt is not all due C 2f the debt for which the mortgage or encumbrance was held is not all due as provided in the judgment as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due, the sale shall terminate8 and afterwards as often as more becomes due for principal or interest and other valid charges, the court may, on motion, order more to be soldC Dut if the property cannot be sold in portions without prejudice to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs shall be paid, if the proceeds of the sale be sufficient therefor, there being a rebate of interest where such rebate is properC ;5a< &ection !' )eficiency judgmentC 2f upon the sale of any real property as provided in the ne%t preceding section there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which e%ecution may issue immediately if the balance is all due at the time of the rendition of the judgment8

otherwise8 the plaintiff shall be entitled to e%ecution at such time as the balance remaining becomes due under the terms of the original contract, which time shall be stated in the judgmentC ;"a< &ection "' RegistrationC / certified copy of the final order of the court confirming the sale shall be registered in the registry of deedsC 2f no right of redemption e%ists, the certificate of title in the name of the mortgagor shall be cancelled, and a new one issued in the name of the purchaserC Ihere a right of redemption e%ists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of titleC 2n the event the property is redeemed, the deed of redemption shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of titleC 2f the property is not redeemed, the final deed of sale e%ecuted by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds8 whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaserC ;n< &ection #' Applicability of other provisionsC .he provisions of sections 31, 32 and 3@ of Rule 3L shall be applicable to the judicial foreclosure of real estate mortgages under this Rule insofar as the former are not inconsistent with or may serve to supplement the provisions of the latterC ;$a<

J <"4 ?=. +1+) $ <? <"4 4= BE@C;<4E 4*E 9<;E =( :B=:EB4G C?DEB 9:E",<; :=WEB9 ,?9EB4ED ,? =B <??EOED 4= BE<;$E94<4E >=B4@<@E9 9E"4,=? 1. When a sale is made under a special power inserted in or attached to any real$estate mortgage hereafter made as security for the payment of money or the fulfillment of any other obligation8 the pro isions of the following election shall go ern as to the manner in which the sale and redemption shall be effected8 whether or not pro ision for the same is made in the power. 9E"4,=? %. 9aid sale cannot be made legally outside of the pro ince in which the property sold is situated7 and in case the place within said pro ince in which the sale is to be made is subject to stipulation8 such sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated. 9E"4,=? +. ?otice shall be gi en by posting notices of the sale for not less than twenty days in at least three public places of the municipality or city where the property is situated8 and if such property is worth more than four hundred pesos8 such notice shall also be published once a wee/ for at least three consecuti e wee/s in a newspaper of general circulation in the municipality or city. 9E"4,=? -. 4he sale shall be made at public auction8 between the hours or nine in the morning and four in the afternoon7 and shall be under the direction of the sheriff of the pro ince8 the justice or auxiliary justice of the peace of the municipality in which such sale has to be made8 or a notary public of said municipality8 who shall be entitled to collect a fee of fi e pesos each day of actual wor/ performed8 in addition to his expenses. 9E"4,=? ). <t any sale8 the creditor8 trustee8 or other persons authorized to act for the creditor8 may participate in the bidding and purchase under the same conditions as any other bidder8 unless the contrary has been expressly pro ided in the mortgage or trust deed under which the sale is made. 9E"4,=? .. ,n all cases in which an extrajudicial sale is made under the special power hereinbefore referred to8 the debtor8 his successors in interest or any judicial creditor or judgment creditor of said debtor8 or any person ha ing a lien

on the property subsequent to the mortgage or deed of trust under which the property is sold8 may redeem the same at any time within the term of one year from and after the date of the sale7 and such redemption shall be go erned by the pro isions of sections four hundred and sixty$four to four hundred and sixty$six8 inclusi e8 of the "ode of "i il :rocedure8 in so far as these are not inconsistent with the pro isions of this <ct. 9E"4,=? 0. ,n any sale made under the pro isions of this <ct8 the purchaser may petition the "ourt of (irst ,nstance of the pro ince or place where the property or any part thereof is situated8 to gi e him possession thereof during the redemption period8 furnishing bond in an amount equi alent to the use of the property for a period of twel e months8 to indemnify the debtor in case it be shown that the sale was made without iolating the mortgage or without complying with the requirements of this <ct. 9uch petition shall be made under oath and filed in form of an ex parte motion in the registration or cadastral proceedings if the property is registered8 or in special proceedings in the case of property registered under the >ortgage ;aw or under section one hundred and ninety$four of the <dministrati e "ode8 or of any other real property encumbered with a mortgage duly registered in the office of any register of deeds in accordance with any existing law8 and in each case the cler/ of the court shall8 upon the filing of such petition8 collect the fees specified in paragraph ele en of section one hundred and fourteen of <ct ?umbered (our hundred and ninety$six8 as amended by <ct ?umbered 4wenty$eight hundred and sixty$six8 and the court shall8 upon appro al of the bond8 order that a writ of possession issue8 addressed to the sheriff of the pro ince in which the property is situated8 who shall execute said order immediately. 9E"4,=? 1. 4he debtor may8 in the proceedings in which possession was requested8 but not later than thirty days after the purchaser was gi en possession8 petition that the sale be set aside and the writ of possession cancelled8 specifying the damages suffered by him8 because the mortgage was not iolated or the sale was not made in accordance with the pro isions hereof8 and the court shall ta/e cognizance of this petition in accordance with the summary procedure pro ided for in section one hundred and twel e of <ct ?umbered (our hundred and ninety$six7 and if it finds the complaint of the debtor justified8 it shall dispose in his fa or of all or part of the bond furnished by the person who obtained possession. Either of the parties may appeal from the order of the judge in accordance with section fourteen of <ct ?umbered (our hundred and ninety$six7 but the order of possession shall continue in effect during the pendency of the appeal. 9E"4,=? 3. When the property is redeemed after the purchaser has been gi en possession8 the redeemer shall be entitled to deduct from the price of redemption any rentals that said purchaser may ha e collected in case the property or any part thereof was rented7 if the purchaser occupied the property as his own dwelling8 it being town property8 or used it gainfully8 it being rural property8 the redeemer may deduct from the price the interest of one per centum per month pro ided for in section four hundred and sixty$fi e of the "ode of "i il :rocedure. 9E"4,=? 15. 4his <ct shall ta/e effect on its appro al. <ppro ed: >arch .8 13%1. Definition of foreclosure of real estate mortgage: remedy a ailable to the mortgagee by which he subjects the mortgaged property to the stipulation of the obligation for which the mortgage was gi en. a. :actum "ommisorium $ ?=4E 4*<4 "BED,4=B "<??=4 <4 =?E <::B=:B,<4E 4*E 4*,?@9 @,2E? AG W<G =( :;ED@E =B >=B4@<@E i. <ny stipulation to the contrary is 2=,D ' prohibition against pactum commisorium b. :acto de Betro sale ' also /nown as equitable mortage7 happens when a creditor a ails of foreclosure proceedings to collect credit :arties a. :ersons obligated to pay the debt b. :ersons who own8 occupy or control the mortgaged premises c. 4ransferee or grantee of the property d. 4he %nd mortgagee or junior encumbrancer i. ,f not impeaded8 the foreclosure becomes ineffecti e resulting to unforeclosed equity of redemption 1. remedy is independent foreclosure within +mos e. mortgagor :rocedure

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a. (iling of complaint b. 4rial c. &udgment d. :ayment through money or through auction e. Disposition of proceeds of sale f. Begistration "hoice of remedies a. (oreclosure of mortgage b. 9imple action for collection with attachment c. Becei ership "hoice of remedies for mortgage on decedent#s estate a. <bandon security and prosecute claim in probate court and just share in distribution of assets b. (oreclose the mortgage ma/ing the executor a party defendant7 if there be deficiency8 file a claim against the estate c. Bely on mortgage alone and foreclose the same within statute of limitations =ther Bemedies a. Becto ;aw

<B4,";E 1-1-. ,n a contract of sale of personal property the price of which is payable in installments8 the endor may exercise any of the following remedies: E1F Exact fulfillment of the obligation8 should the endee fail to pay7 E%F "ancel the sale8 should the endeeNs failure to pay co er two or more installments7 cdt E+F (oreclose the chattel mortgage on the thing sold8 if one has been constituted8 should the endeeNs failure to pay co er two or more installments. ,n this case8 he shall ha e no further action against the purchaser to reco er any unpaid balance of the price. <ny agreement to the contrary shall be oid. E1-)-$<$aF <B4,";E 1-1). 4he preceding article shall be applied to contracts purporting to be leases of personal property with option to buy8 when the lessor has depri ed the lessee of the possession or enjoyment of the thing. E1-)-$<$aF <B4,";E 1-1.. ,n the case referred to in the two preceding articles8 a stipulation that the installments or rents paid shall not be returned to the endee or lessee shall be alid insofar as the same may not be unconscionable under the circumstances. EnF Beple in i. :ro ided that the property is in mortgagee#s possession <ctions of the debtor EmortgagorF Equity of Bedemption Definition: a substanti e B,@*4 granted to the mortgagee debtor as last opportunity to pay the debt and sa e his mortgaged property from final disposition at the sale :ro ided by 9ec % and + "an be exercised within 35$1%5d after judgment7 e en after period to pay the obligation and e en after the foreclosure sale itself7 so long as prior order of confirmation of sale <mount T judgment debt Bight of redemption :ro ided by Bule +3 Exercised within 1 year of registration of the sheriff#s certificate of foreclosure sale of any person with interest on the property 4he right is lost after confirmation of sale except as pro ided by @eneral Aan/ing <ct 4*,9 >C94 AE 9E<9=?<A;G ,?2=HED as a counterclaim8 else rights will be di ested to the purchaser <mount "omposed of: Curc+&$e Cr#ce interest per month from date of registration of sale taxes and assessments interest on no. + c. Bules b.

0.

1.

i. 4here is a presumption of regularity of foreclosure proceedings and burden is against plaintiff ii. Exercise of redemption gi es rise to estoppel of the regularity of foreclosure proceedings iii. (ailure to gi e notice of he motion for the sale for his failure to pay is not necessary 1. unless there is stipulation8 extrajudicial foreclosure is oid for want of notice and posting i . Aut once and hearing of motion for confirmation is essential 1. reason: for parties to resist the motion and to /now when the cut$off time is . if there are many properties8 one can file many injunction proceedings to stop the foreclosure d. W*= "<? EOEB",9E i. =ne who is pri y in the title with the mortgagor and he has such an interest that he would be a loser by the foreclosure ii. !9uccessor$in$interestD ' includes 1. transferee of right to redemption %. one who recei es con eryance of debtor#s interest for purposes of redemption +. succeeds by operation of law iii. Bemedies of +p 1. the property can be not awarded to highest bidder if there is a +p actually holding the property ad ersely Ecourt can order defermentF %. Bemedies are a. 4erceria to determine whether the sheriff has rightly or wrongly ta/en hold of the property not belonging to judgment debtor b. ,ndependent separate action to indicate their claim of ownershipIpossession +. 4here is no inter ention in <ct +1+) Esince it is not a trialF a. *ence8 file a separate action =rder of "onfirmation a. !"onfirmationD ' operates to di est the title out of the former owner and to est in the purchaser the title7 it is this time when title passes7 and8 such title retroacts to the date of the sale i. 4here must be of course8 alid tender of payment ii. <fter this8 the purchaser has a right to the issuance of writ of possession 1. can be had through ex$parte petition a. no notice is needed anymore %. Aut such issuance is not an execution of judgment under +3 a. *ence8 re iewable by ordinary appeal b. :urely ministerial on the part of the court c. ,ssuance of Writ of :ossession judgment of foreclosure i. &=( ' loses its executory force in )y ii. ,ssuance of writ ' after property is sold and confirmed by court8 subsists for long 1. ?ote: a. Extrajudicial foreclosure ' purchaser is already entitled to possession e en during 1yr period of redemption Epro ided he gi es a bondeF b. &udicial foreclosure ' considered only as preferred bidder Deficiency judgment a. >otion can be made when: i. <fter sale and after it becomes /nown that deficiency exists ii. <gainst estate of deceased debtor b. ?ot against i. ?on$resident defendant ii. ?on$mortgagor owner who has not assumed personal liability 1. remedy is ordinary action against the debtor

:<B4,4,=? 0efinition> division between " or more persons of real or personal property affected by selling a part of the interest so that they may enjoy in severalty i. *o partition if you claim A037587 OW*758,#P 1. 5e.uisites a. Performed acts of repudiation b. Anown to COO c. Clear and convincing evidence b. Can be written or oral i. 8O6 doesn9t apply because there is no conveyance% only segregation c. @5> not to remain in COO i. Why? =ecause there is tendency of conflict and less freedom A"$;C?E 171% No co9owner shall be obliged to remain in the co9ownership% Each co9owner may demand at any time the partition of the thing owned in common' insofar as his share is concerned% aisa dc Nevertheless' an agreement to eep the thing undivided for a certain period of time' not exceeding ten years' shall be valid% $his term may be extended by a new agreement% A donor or testator may prohibit partition for a period which shall not exceed twenty years% Neither shall there be any partition when it is prohibited by law% No prescription shall run in favor of a co9owner or co9heir against his co9owners or co9heirs so long as he expressly or impliedly recogni-es the co9ownership% (144a* A"$;C?E 17@% =artition may be made by agreement between the parties or by ,udicial proceedings% =artition shall be governed by the "ules of Court insofar as they are consistent with this Code% (14+* 5ight to demand partitionF agreement KstipulationKre.uirement to :eep thing undivided a. ,ow to terminate i. Partition ii. Consolidation iii. 0estruction iv. Prescription of )p v. As per stipulation ). Prescription in favor of co&owner a. *oneM #f COO is recogni(ed b. -here is if the party claims adverse possession 4. When physical division of thing owned in common precluded A5-#C?7 4JE. Whenever the thing is essentially indivisible and the co&owners cannot agree that it be allotted to one of them who shall indemnify the others% it shall be sold and its proceeds distributed. 414! a. 5emedy> sale b. =ut there must be> COO H physical indivisibility and disagreement c. Prior% the COO must demand B. 5ights of creditorsKassignees of co&owners A5-#C?7 4JD. -he creditors or assignees of the co&owners may ta:e part in the division of the thing owned in common and object to its being effected without their concurrence. =ut they cannot impugn any partition already e2ecuted% unless there has been fraud% or in case it was made notwithstanding a formal opposition presented to prevent it% without prejudice to the right of the debtor or assignor to maintain its validity. 41)! cdt 'ay participate in partition proceedings% unless i. 6inished already% e2cept 1. there was a formal objection ". fraudulent C. 7ffect of partition on third persons a. ". a.

A5-#C?7 4JJ. -he partition of a thing owned in common shall not prejudice third persons% who shall retain the rights of mortgage% servitude or any other real rights belonging to them before the division was made. Personal rights pertaining to third persons against the co&ownership shall also remain in force% notwithstanding the partition. 41B! successors own e2clusively the part inherited successors must provide warranty Possessors are entitled to such part shall not prejudice )p who retains mortgage% servitudeF and personal rights will still be protected H acctg H warranty D. 'utual accounting of benefits% damages and reimbursements A5-#C?7 B11. Gpon partition% there shall be a mutual accounting for benefits received and reimbursements for e2penses made. ?i:ewise% each co&owner shall pay for damages caused by reason of his negligence or fraud. n! E. ?iability for defects of titleK.uality $ COO are liable to warranty of title in proportion A5-#C?7 B11. 7very co&owner shall% after partition% be liable for defects of title and .uality of the portion assigned to each of the other co&owners. n! cd i J. Procedure for Partition 5ule CJ! a. Phases i. 1st> establish whether the plaintiff is indeed a co&owner of the property sought to be partitioned ii. "nd> how should the property be divided 1. ". ). 4.

R234 !$ Partition &ection 1' $omplaint in action for partition of real estateC / person having the right to compel the partition of real estate may do so as provided in this Rule, setting forth in his complaint the nature and e%tent of his title and an ade9uate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the propertyC ;1a< &ection 2' Order for partition and partition by agreement thereunder C 2f after the trial the court finds that the plaintiff has the right thereto, it shall order the partition of the real estate among all the parties in interestC .hereupon the parties may, if they are able to agree, make the partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed upon by all the parties, and such partition, together with the order of the court confirming the same, shall be recorded in the registry of deeds of the place in which the property is situatedC ;2a< / final order decreeing partition and accounting may be appealed by any party aggrieved therebyC ;n< &ection 3' $ommissioners to make partition when parties fail to agree C 2f the parties are unable to agree upon the partition, the court shall appoint not more than three ;3< competent and disinterested persons as commissioners to make the partition, commanding them to set off to the plaintiff and to each party in interest such part and proportion of the property as the court shall directC ;3a< &ection 4' Oath and duties of commissionersC Defore making such partition8 the commissioners shall take and subscribe an oath that they will faithfully perform their duties as

commissioners, which oath shall be filed in court with the other proceedings in the caseC 2n making the partition, the commissioners shall view and e%amine the real estate, after due notice to the parties to attend at such view and e%amination, and shall hear the parties as to their preference in the portion of the property to be set apart to them and the comparative value thereof, and shall set apart the same to the parties in lots or parcels as will be most advantageous and e9uitable, having due regard to the improvements, situation and 9uality of the different parts thereofC ;@a< &ection ' Assignment or sale of real estate by commissionersC Ihen it is made to appear to the commissioners that the real state, or a portion thereof, cannot be divided without prejudice to the interests of the parties, the court may order it assigned to one of the parties willing to take the same, provided he pays to the other parties such amount as the commissioners deem e9uitable, unless one of the interested parties asks that the property be sold instead of being so assigned, in which case the court shall order the commissioners to sell the real estate at public sale under such conditions and within such time as the court may determineC ;5a< &ection !' Report of commissioners8 proceedings not binding until confirmed C .he commissioners shall make a full and accurate report to the court of all their proceedings as to the partition, or the assignment of real estate to one of the parties, or the sale of the sameC Kpon the filing of such report, the clerk of court shall serve copies thereof on all the interested parties with notice that they are allowed ten ;1,< days within which to file objections to the findings of the report, if they so desireC No proceeding had before or conducted by the commissioners and rendered judgment thereonC ;"a< &ection "' Action of the court upon commissioners reportC Kpon the e%piration of the period of ten ;1,< days referred to in the preceding section or even before the e%piration of such period but after the interested parties have filed their objections to the report or their statement of agreement therewith the court may, upon hearing, accept the report and render judgment in accordance therewith, or, for cause shown recommit the same to the commissioners for further report of facts8 or set aside the report and appoint new commissioners8 or accept the report in part and reject it in part8 and may make such order and render such judgment as shall effectuate a fair and just partition of the real estate, or of its value, if assigned or sold as above provided, between the several owners thereofC ;#< &ection #' Accounting for rent and profits in action for partition C 2n an action for partition in accordance with this Rule, a party shall recover from another his just share of rents and profits received by such other party from the real estate in 9uestion, and the judgment shall include an allowance for such rents and profitsC ;$a< &ection $' !ower of guardian in such proceedingsC .he guardian or guardian ad litem of a minor or person judicially declared to be incompetent may, with the approval of the court first had, do and perform on behalf of his ward any act, matter, or thing respecting the partition of real estate, which the minor or person judicially declared to be incompetent could do in partition proceedings if he were of age or competentC ;La< &ection 1%' $osts and expenses to be taxed and collectedC .he court shall e9uitably ta% and apportion between or among the parties the costs and e%penses which accrue in the action, including the compensation of the commissioners, having regard to the interests of the parties, and e%ecution may issue therefor as in other casesC ;1,a< &ection 11' %he judgment and its effect8 copy to be recorded in registry of deedsC 2f actual partition of property is made, the judgment shall state definitely, by metes and bounds and ade9uate description, the particular portion of the real estate assigned to each party, and the effect of the judgment shall be to vest in each party to the action in severalty the portion of the

real estate assigned to himC 2f the whole property is assigned to one of the parties upon his paying to the others the sum or sums ordered by the court, the judgment shall state the fact of such payment and of the assignment of the real estate to the party making the payment, and the effect of the judgment shall be to vest in the party making the payment the whole of the real estate free from any interest on the part of the other parties to the actionC 2f the property is sold and the sale confirmed by the court, the judgment shall state the name of the purchaser or purchasers and a definite description of the parcels of real estate sold to each purchaser, and the effect of the judgment shall be to vest the real estate in the purchaser or purchasers making the payment or payments, free from the claims of any of the parties to the actionC / certified copy of the judgment shall in either case be recorded in the registry of deeds of the place in which the real estate is situated, and the e%penses of such recording shall be ta%ed as part of the costs of the actionC ;11a< &ection 12' either paramount rights nor amicable partition affected by this Rule C Nothing in this Rule contained shall be construed so as to prejudice, defeat, or destroy the right or title of any person claiming the real estate involved by title under any other person, or by title paramount to the title of the parties among whom the partition may have been made, nor so as to restrict or prevent persons holding real estate jointly or in common from making an amicable partition thereof by agreement and suitable instruments of conveyance without recourse to an actionC ;12a< &ection 13' !artition of personal propertyC .he provisions of this Rule shall apply to partitions of estates composed of personal property, or of both real and personal property, in so far as the same may be applicableC ;13<

(=B",A;E E?4BG <?D C?;<W(C; DE4<,?EB

R234 "% 6orci)le 4ntry and 2nlawful Detainer &ection 1' Who may institute proceedings, and whenC !ubject to the provisions of the ne%t succeeding section, a person deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person against whom the possession of any land or building is unlawfully withheld after the e%piration or termination of the right to hold possession, by virtue of any contract, e%press or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or other person, may, at any time within one ;1< year after such unlawful deprivation or withholding of possession, bring an action in the proper &unicipal .rial 4ourt against the person or persons unlawfully withholding or depriving of possession, or any person or persons claiming under them, for the restitution of such possession, together with damages and costsC ;1a< &ection 2' 8essor to proceed against lessee only after demand C Knless otherwise stipulated, such action by the lesser shall be commenced only after demand to pay or comply with the conditions of the lease and to vacate is made upon the lessee, or by serving written notice of such demand upon the person found on the premises if no person be found thereon, and the lessee fails to comply therewith after fifteen ;15< days in the case of land or five ;5< days in the case of buildingsC ;2a< &ection 3' Summary procedureC (%cept in cases covered by the agricultural tenancy laws or when the law otherwise e%pressly provides, all actions for forcible entry and unlawful detainer,

irrespective of the amount of damages or unpaid rentals sought to be recovered, shall be governed by the summary procedure hereunder providedC ;n< &ection 4' !leadings allowedC .he only pleadings allowed to be filed are the complaint, compulsory counterclaim and cross7claim pleaded in the answer, and the answers theretoC /ll pleadings shall be verifiedC ;3a, R!+< &ection ' Action on complaintC .he court may, from an e%amination of the allegations in the complaint and such evidence as may be attached thereto, dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent thereinC 2f no ground for dismissal is found, it shall forthwith issue summonsC ;n< &ection !' AnswersC Iithin ten ;1,< days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiffC /ffirmative and negative defenses not pleaded therein shall be deemed waived, e%cept lack of jurisdiction over the subject matterC 4ross7claims and compulsory counterclaims not asserted in the answer shall be considered barredC .he answer to counterclaims or cross7claims shall be served and filed within ten ;1,< days from service of the answer in which they are pleadedC ;5 R!+< &ection "' Effect of failure to answerC !hould the defendant fail to answer the complaint within the period above provided, the court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for thereinC .he court may in its discretion reduce the amount of damages and attorneyAs fees claimed for being e%cessive or otherwise unconscionable, without prejudice to the applicability of section 3 ;c<, Rule L if there are two or more defendantsC ;", R!+< &ection #' !reliminary conference8 appearance of partiesC Not later than thirty ;3,< days after the last answer is filed, a preliminary conference shall be heldC .he provisions of Rule 1$ on pre7 trial shall be applicable to the preliminary conference unless inconsistent with the provisions of this RuleC .he failure of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of his complaintC .he defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with the ne%t preceding sectionC /ll cross7claims shall be dismissedC ;#, R!+< 2f a sole defendant shall fail to appear, the plaintiff shall likewise be entitled to judgment in accordance with the ne%t preceding sectionC .his procedure shall not apply where one of two or more defendants sued under a common cause of action defense shall appear at the preliminary conferenceC No postponement of the preliminary conference shall be granted e%cept for highly meritorious grounds and without prejudice to such sanctions as the court in the e%ercise of sound discretion may impose on the movantC ;n< &ection $' Record of preliminary conferenceC Iithin five ;5< days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to) 1C Ihether the parties have arrived at an amicable settlement, and if so, the terms thereof8

2C .he stipulations or admissions entered into by the parties8 3C Ihether, on the basis of the pleadings and the stipulations and admission made by the parties, judgment may be rendered without the need of further proceedings, in which event the judgment shall be rendered within thirty ;3,< days from issuance of the order8 @C / clear specification of material facts which remain converted8 and 5C !uch other matters intended to e%pedite the disposition of the caseC ;$, R!+< &ection 1%' Submission of affidavits and position papersC Iithin ten ;1,< days from receipt of the order mentioned in the ne%t preceding section, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by themC ;L, R!+< &ection 11' !eriod for rendition of judgmentC Iithin thirty ;3,< days after receipt of the affidavits and position papers, or the e%piration of the period for filing the same, the court shall render judgmentC Bowever, should the court find it necessary to clarify certain material facts, during the said period, issue an order specifying the matters to be clarified, and re9uire the parties to submit affidavits or other evidence on the said matters within ten ;1,< days from receipt of said orderC *udgment shall be rendered within fifteen ;15< days after the receipt of the last affidavit or the e%piration of the period for filing the sameC .he court shall not resort to the foregoing procedure just to gain time for the rendition of the judgmentC ;n< &ection 12' Referral for conciliationC 4ases re9uiring referral for conciliation, where there is no showing of compliance with such re9uirement, shall be dismissed without prejudice, and may be revived only after that re9uirement shall have been complied withC ;1$a, R!+< &ection 13' !rohibited pleadings and motionsC .he following petitions, motions, or pleadings shall not be allowed) 1C &otion to dismiss the complaint e%cept on the ground of lack of jurisdiction over the subject matter, or failure to comply with section 128 2C &otion for a bill of particulars8 3C &otion for new trial, or for reconsideration of a judgment, or for reopening of trial8 @C +etition for relief from judgment8 5C &otion for e%tension of time to file pleadings, affidavits or any other paper8 "C &emoranda8 #C +etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court8 $C &otion to declare the defendant in default8

LC 'ilatory motions for postponement8 1,C Reply8 11C .hird7party complaints8 12C 2nterventionsC ;1La, R!+< &ection 14' AffidavitsC .he affidavits re9uired to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated thereinC / violation of this re9uirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to e%punge the inadmissible affidavit or portion thereof from the recordC ;2,, R!+< &ection 1 ' !reliminary injunctionC .he court may grant preliminary injunction, in accordance with the provisions of Rule 5$ hereof, to prevent the defendant from committing further acts of dispossession against the plaintiffC / possessor deprived of his possession through forcible from the filing of the complaint, present a motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary mandatory injunction to restore him in his possessionC .he court shall decide the motion within thirty ;3,< days from the filing thereofC ;3a< &ection 1!' Resolving defense of ownershipC Ihen the defendant raises the defense of ownership in his pleadings and the 9uestion of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possessionC ;@a< &ection 1"' #udgmentC 2f after trial court finds that the allegations of the complaint are true, it shall render judgment in favor of the plaintiff for the restitution of the premises, the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, attorneyAs fees and costsC 2f a counterclaim is established, the court shall render judgment for the sum found in arrears from either party and award costs as justice re9uiresC ;"a< &ection 1#' #udgment conclusive only on possession8 not conclusive in actions involving title or ownershipC .he judgment rendered in an action for forcible entry or detainer shall be conclusive with respect to the possession only and shall in no wise bind the title or affect the ownership of the land or buildingC !uch judgment shall not bar an action between the same parties respecting title to the land or buildingC .he judgment or final order shall be appealable to the appropriate Regional .rial 4ourt which shall decide the same on the basis of the entire record of the proceedings had in the court of origin and such memoranda and?or briefs as may be submitted by the parties or re9uired by the Regional .rial 4ourtC ;#a< &ection 1$' 5mmediate execution of judgment8 how to stay sameC 2f judgment is rendered against the defendant, e%ecution shall issue immediately upon motion unless an appeal has been perfected and the defendant to stay e%ecution files a sufficient supersedeas bond, approved by the &unicipal .rial 4ourt and e%ecuted in favor of the plaintiff to pay the rents, damages, and costs accruing down to the time of the judgment appealed from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent due from time to time under

the contract, if any, as determined by the judgment of the &unicipal .rial 4ourtC 2n the absence of a contract, he shall deposit with the Regional .rial 4ourt the 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 tenth day of each succeeding month or periodC .he supersedeas bond shall be transmitted by the &unicipal .rial 4ourt, with the papers, to the clerk of the Regional .rial 4ourt to which the action is appealedC /ll amounts so paid to the appellate court shall be deposited with said court or authoriJed government depositary bank, and shall be held there until the final disposition of the appeal, unless the court, by agreement of the interested parties, or in the absence of reasonable grounds of opposition to a motion to withdraw, or for justifiable reasons, shall decree otherwiseC !hould the defendant fail to make the payments above prescribed from time to time during the pendency of the appeal, the appellate court, upon motion of the plaintiff, and upon proof of such failure, shall order the e%ecution of the judgment appealed from with respect to the restoration of possession, but such e%ecution shall not be a bar to the appeal taking its course until the final disposition thereof on the meritsC /fter the case is decided by the Regional .rial 4ourt, any money paid to the court by the defendant for purposes of the stay of e%ecution shall be disposed of in accordance with the provisions of the judgment of the Regional .rial 4ourtC 2n any case wherein it appears that the defendant has been deprived of the lawful possession of land or building pending the appeal by virtue of the e%ecution of the judgment of the &unicipal .rial 4ourt, damages for such deprivation of possession and restoration of possession and restoration of possession may be allowed the defendant in the judgment of the Regional .rial 4ourt disposing of the appealC ;$a< &ection 2%' !reliminary mandatory injunction in case of appealC Kpon motion of the plaintiff, within ten ;1,< days from the perfection of the appeal to the Regional .rial 4ourt, the latter may issue a writ of preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the defendantAs appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie meritoriousC ;La< &ection 21' 5mmediate execution on appeal to $ourt of Appeals or Supreme $ourt C .he judgment of the Regional .rial 4ourt against the defendant shall be immediately e%ecutory, without prejudice to a further appeal that may be taken therefromC ;1,a<

1.

%.

+.

4hree /inds of possessory actions a. <ccion ,nterdictal ' summary action for (ECD7 see/s reco ery of physical possession within 1yr in >4" b. <ccion :ubliciana ' reco ery or right to posess and is a pleanary action in an ordinary ci il proceeding in B4" c. <ccion Bei indicacion ' see/s reco ery of ownership brought in B4" Who files a. (E ' person depri ed of possession by (,499 b. CD ' landlord8 endor8 endee or other person against whom possession of lan is unlawfully withheld including a purchaser with consolidated title irresepecti e of annulment of mortgage proceedings (E CD 67 G0 the possession is inceptively lawful but become illegal by reason of termination of his right to the possession of the property under the contract with the plaintiff

the possession is unlawful from the beginning due to 6#-88

no demand needs prior physical possession of the plaintff

needs demand no need

one year period is counted from date of entry from date of demand -. (E 9pecific :erformance a. (E is when the objecti e is restoration of possession b. 9: is when there is a compulsion to perform part of the contract to maintain the lease ). &urisdiction ' exclusi e to >4" courts regardless of amount of property and damages .. :arties a. &udgment is binding to i. 4respassers8 squatters or agents of fraudulent occupation ii. @uests or other occupants of the premises with permission from defendant iii. 4ransferees penedente lite i . 9ublesees . (amily8 relati es and pri ies of defendant b. ?ot binding to non$parties 0. Bules a. Death of plaintiff sur i es the action b. ,ssue of ownership is not essential but can be a alid defense in CD cases c. ,ssue in (E is only possession de facto i. + essential questions 1. who has actual possession o er property %. was the possessor ousted within a year from (,t99 +. does he as/ for restoration of possession ii. =ther ariables 1. landlord and tenant relationship %. did the lease contract8 if existing8 expired +. just and reasonable amount of rent and date -. right of the tenant to /eep the premises against the will of the landlord ). impro ement#s on the land .. power of court to fix the lease iii. Bequires action precedent to be 1st complied with: 1. demand a. made personally upon tenant b. ser ice of written notice upon person in the premises c. posting in premises if no person be found thereon %. barangay conciliation i . "ontents of the complaint 1. ,llegal withholding of the property %. Demand +. Within a year 1. Execution a. 4here must be 1st notice of judgment i. Cnless there is notice li/e >B b. 4o stop execution8 one must i. :erfect an appeal ii. (ile a supersedeas bond iii. Deposit rentals and reasonable compensation "=?4E>:4

R234 "1 .ontempt &ection 1' )irect contempt punished summarily C / person guilty of misbehavior in the presence of or so near a court as to obstruct or interrupt the proceedings before the same, including disrespect toward the court, offensive personalities toward others, or refusal to be sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully re9uired to do so, may be summarily adjudged in contempt by such court and punished by a fine not e%ceeding two thousand pesos or imprisonment not e%ceeding ten ;1,< days, or both, if it be a Regional .rial 4ourt or a court of e9uivalent or higher rank, or by a fine not e%ceeding two hundred pesos or imprisonment not e%ceeding one ;1< day, or both, if it be a lower courtC ;1a< &ection 2' Remedy therefromC .he person adjudged in direct contempt by any court may not appeal therefrom, but may avail himself of the remedies of certiorari or prohibitionC .he e%ecution of the judgment shall be suspended pending resolution of such petition, provided such person files a bond fi%ed by the court which rendered the judgment and conditioned that he will abide by and perform the judgment should the petition be decided against himC ;2a< &ection 3' 5ndirect contempt to be punished after charge and hearing C /fter a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fi%ed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt8 ;a< &isbehavior of an officer of a court in the performance of his official duties or in his official transactions8 ;b< 'isobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of any court of competent jurisdiction, enters or attempts or induces another to enter into or upon such real property, for the purpose of e%ecuting acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto8 ;c< /ny abuse of or any unlawful interference with the processes or proceedings of a court not constituting direct contempt under section 1 of this Rule8 ;d< /ny improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice8 ;e< /ssuming to be an attorney or an officer of a court, and acting as such without authority8 ;f< 3ailure to obey a subpoena duly served8 ;g< .he rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an order or process of a court held by himC Dut nothing in this section shall be so construed as to prevent the court from issuing process to bring the respondent into court, or from holding him in custody pending such proceedingsC ;3a< &ection 4' "ow proceedings commencedC +roceedings for indirect contempt may be initiated motu propio by the court against which the contempt was committed by an order or any other

formal charge re9uiring the respondent to show cause why he should not be punished for contemptC 2n all other cases, charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance with the re9uirements for filing initiatory pleadings for civil actions in the court concernedC 2f the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be docketed, heard and decided separately, unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decisionC ;n< &ection ' Where charge to be filedC Ihere the charge for indirect contempt has been committed against a Regional .rial 4ourt or a court of e9uivalent or higher rank, or against an officer appointed by it, the charge may be filed with such courtC Ihere such contempt has been committed against a lower court, the charge may be filed with the Regional .rial 4ourt of the place in which the lower court is sitting8 but the proceedings may also be instituted in such lower court subject to appeal to the Regional .rial 4ourt of such place in the same manner as provided in section 11 of this RuleC ;@a8 Dar &atter NoC $,3, 21 *uly 1LL$< &ection !' "earing8 release on bailC 2f the hearing is not ordered to be had forthwith, the respondent may be released from custody upon filing a bond, in an amount fi%ed by the court, for his appearance at the hearing of the chargeC 6n the day set therefor, the court shall proceed to investigate the charge and consider such comment, testimony or defense as the respondent may make or offerC ;5a< &ection "' !unishment for indirect contempt C 2f the respondent is adjudged guilty of indirect contempt committed against a Regional .rial 4ourt or a court of e9uivalent or higher rank, he may be punished by a fine not e%ceeding thirty thousand pesos or imprisonment not e%ceeding si% ;"< months, or bothC 2f he is adjudged guilty of contempt committed against a lower court, he may be punished by a fine not e%ceeding five thousand pesos or imprisonment not e%ceeding one ;1< month, or bothC 2f the contempt consists in the violation of a writ of injunction, temporary restraining order or status 'uo order, he may also be ordered to make complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and provedC .he writ of e%ecution, as in ordinary civil actions, shall issue for the enforcement of a judgment imposing a fine unless the court otherwise providesC ;"a< &ection #' 5mprisonment until order obeyedC Ihen the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform, he may be imprisoned by order of the court concerned until he performs itC ;#a< &ection $' !roceeding when party released on bail fails to answerC Ihen a respondent released on bail fails to appear on the day fi%ed for the hearing, the court may issue another order of arrest or may order the bond for his appearance to be forfeited and confiscated, or both8 and, if the bond be proceeded against, the measure of damages shall be the e%tent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt charge was prosecuted, with the costs of the proceedings, and such recovery shall be for the benefit of the party injuredC 2f there is no aggrieved party, the bond shall be liable and disposed of as in criminal casesC ;$a< &ection 1%' $ourt may release respondentC .he court which issued the order imprisoning a person for contempt may discharge him from imprisonment when it appears that public interest will not be prejudiced by his releaseC ;La<

&ection 11' Review of judgment or final order8 bond for stayC .he judgment or final order of a court in a case of indirect contempt may be appealed to the proper court as in criminal casesC Dut e%ecution of the judgment or final order shall not be suspended until a bond is filed by the person adjudged in contempt, in an amount fi%ed by the court from which the appeal is taken, conditioned that if the appeal be decided against him he will abide by and perform the judgment or final orderC ;1,a< &ection 12' $ontempt against 'uasi2judicial entitiesC Knless otherwise provided by law, this Rule shall apply to contempt committed against persons, entities, bodies or agencies e%ercising 9uasi7judicial functions, or shall have suppletory effect to such rules as they may have adopted pursuant to authority granted to them by law to punish for contemptC .he Regional .rial 4ourt of the place wherein the contempt has been committed shall have jurisdiction over such charges as may be filed thereforC ;n<

Definition of "ontempt: a. defiance of authority8 justice or dignity of the court7 such conduct as tends to bring the authority and administration of the law into disrespect or to interfere with or prejudice the party$litigants or their witnesses during the litigation b. disobedience to the court by acting in opposition to its authority8 justice and dignity. ,t signifies only a willful disregard or disobedience to the court#s orders but such conduct as tends to bring the autority of the court and the administration of law into disrepute or in some manner to impede the administration of justice c. inherent in al courts essential to admin of justice7 to guarantee the stability of the judicial institution d. two fold aspect i. punishment for being disrespectful ii. compel performance %. 4ypes of "ontempt wrt %fold aspect a. "i il "ontempt i. (ailure to do something ordered to be done by a court or a judge for the benefit of the opposing party ii. 4his is not a felony nor a misdemeanor but the power of the court to preser e the right of pri ate persons iii. "an be both interlocutory Eprior final decreeF or remedial Eafter final decreeF a ailable in appeal i . ,ntiated by aggrie ed party b. "riminal contempt i. "onduct directed against the authority and dignity of the court or judge as in unlawfully assailing or discrediting the authority or dignity of the judge ii. Where punishment is imposed to indicate the authority of the court iii. 4he intent is a necessary element7 there must be clear e idence as to it i . :roceeding is su generis or parta/es both of a ci il and criminal proceeding . ,ssued by the state i. "riminal due process applies 1. i.e. need for counsel etc J4E94: loo/ at the purpose of the contempt Jthese % can be gi en simultaneously +. +. 4ypes of "ontempt a. Direct "ontempt ' committed in the presence of or so near the court or judge or obstruct the proceedings before the same and can be punished summarily without hearing i. ,.e. 1. false certification of forum shopping %. use of bad lanuage

1.

b.

,ndirect or contructi e contempt ' commited out or not in the presence of the court7 act done in a distance which tends to belittle8 degrade8 obstruct or interrupt or embarrass the court and justice as in refusing to obey its order or lawful process and can be punished only after hearing i. 4here must be written charges and hearing ii. <ny doubt if it is whether direct or indirect contempt: for indirect contempt iii. ,.e. 1. pleadings filed in other courts %. failure to appear at trial court ' one must write charges and ha e a hearing i . :rocedure 1. filing of charge to court wronged with ser ice a. except can be done mp %. bail +. hearing -. pubishment 4here can only be contempt if there is a judicial proceeding i. *ence8 merriment in a drin/ing party cannot be contempt "onsiderations i. 9lanting tactics s delaying tactics ii. "riticisms in good faith iii. Exercise of contempt power and court#s disciplinary authority "an still be had against a non$party if there is conspiracy7 but @B is that it is limited to parties @B: >ust be filed in the court contemned i. Exceptions 1. indirect contempt against inferior court can be tried in B4" %. indirect contempt against 9" can he heard in B4" wrt L=( +. there is a transfer of jurisdiction

-.

Bules a. b.

c. d.