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Chapter I FUNDAMENTAL CONCEPTS

I. THE BASICS OF THE CIVIL LITIGATION PROCESS

A significant element of the Philippine judicial process is its employment of the adversarial system as an indispensable tool in dispute resolution. Under this system, the contending parties present before a court their conflicting versions of an occurrence by shaping both the facts, the issues and even the evidence to suit their own perspectives, designs and strategies in accordance with a body of rules that provides the framework for the entire litigation process. This body of rules likewise not only guides the court in its determination of legal controversies but also prevents it from rendering arbitrary orders, resolutions and decisions. In this jurisdiction, these rules have been collectively called the Rules of Court.

Lawsuits are inventions neither of the court nor of the judicial system because litigations inevitably arise within any social environment. The system is in reality a passive entity. A court for example, while having jurisdiction over certain subject matters, does not on its own accord call on the parties to litigate between or among themselves. Even the rules of procedure on their own are mere mishmash of letters and words, mere assortments of sentences and paragraphs, dormant and virtually lifeless.

Lawsuits actually originate from an individual, from one who feels aggrieved by the acts of another. A litigation arises because someone goes to court and seeks redress from it for a perceived transgression committed against his

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CIVIL PROCEDURE

person or property. It is actually the individual who decides to start the litigation process and breathes life into the rules of procedure by invoking the jurisdiction of the court. When

a

lawsuit is commenced, the judicial machinery is activated,

is

infused with life and continues to grind until the dispute is

resolved and the decision executed. From an initially passive entity the judicial system becomes an active machinery in the dispensation of justice.

The material that follows presents the most basic aspects of the civil litigation process and does not pretend to be an exhaustive treatise of all the issues which may arise in all litigations. There are certain matters in the litigation process which suddenly occur in the course of the proceedings and which cannot be reasonably foreseen. Besides, there are topics which, due to the demands of both scope and priorities, have to be intentionally left out. This work contains only those topics deemed indispensable to the acquisition of the core knowledge required to pass the bar examinations and to start a career in trial practice. The other more complicated situations in remedial law would later on automatically present themselves to the new lawyer as he acquires experience in the field.

Care has been taken to avoid the use of impenetrable legalese because emphasis has been made in bringing civil procedure to a more understandable and workable level. Topics in the Rules of Court have been rearranged to help the reader break free from an overly technical approach to the subject, release the mind from the “book mode” developed in law school and to approximate the application of procedural rules in both the bar examinations and the real world.

Experience has told us fairly well that it is the ability to conceptualize the relationships among procedural rules, which enables one to respond with ease to even the most cerebrally formulated questions in the bar and even to unexpected twists in the field of litigation. Although there are aspects of the Rules, in fact a substantial number of them, which have to be committed to memory, route memory has never been the key to success in both litigation and the bar examinations in

FUNDAMENTAL CONCEPTS

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procedural law. Hence, the materials that follow have been presented to allow the reader to develop on his own a more practical approach to procedural principles.

Whenever necessary, principles in substantive law have been included in the discussion of the topics found in this work so the reader may see the rules from a better perspective. Substantive law after all, constitutes the foundation of procedural law.

The concepts that follow represent the most fundamental stages in the civil litigation process. The mastery of these concepts will enable the reader to grasp the most essential procedural principles, so he may later on proceed to a higher level of understanding of those principles and consequently help him demystify important aspects of remedial law, a subject traditionally but quite erroneously regarded as both abstract and difficult.

I. Complaint

Both experience and common reason have taught us that before a person learns how to walk, he should learn how to crawl and before he learns to run, he should learn how to walk.

Similarly, before one could appreciate the intricacies of remedial law, one has to start with its basics. These so-called basics are actually the elementary processes of ordinary civil actions. The practitioner and the student of remedial law have to know that an overwhelming majority of Supreme Court decisions involve issues relating to fundamental procedural matters and that the most frequently tested bar concepts during the past thirty years of bar examinations, involve the operations of ordinary civil actions.

As a starting point, it must be emphasized that the rules

of civil procedure will come into play only with the filing of

a complaint or in some actions or proceedings, a petition.

Without a complaint being filed, said rules would simply be meaningless. It is the filing of a complaint that gives life to

procedural rules and triggers their application.

FOREWORD

Some portions of this work have been rewritten for great- er clarity and to incorporate the latest decisions of the Su- preme Court as well as recent amendments to certain rules.

This work, as the one before it, is written primarily for the law student, the bar reviewee and the aspiring lawyer. It is a humble attempt to bring down the study of procedure to a more workable and understandable level. It is an attempt to use an approach that would hopefully strip civil procedure of the traditional and mechanical presentation of procedural principles.

The topics in these materials have veered away from the original arrangement of the rules appearing in the Rules of Court. The experienced among us know fully well that a strict adherence to such presentation leads to the impression among the uninitiated that remedial law is both abstract and circu- itous. While this impression is so far from the truth and is more of the mythical than the real, there still arises a need to provide a fresh look at the subject so the reader may see how the various pieces of the procedural puzzle fit into a beauti- ful and logical scheme. Procedural principles have been rear- ranged in this work for the reader to appreciate the connection among scattered and seemingly unconnected provisions of the Rules of Court and for that reason, this material is called “a restatement.”

Every effort has been made to incorporate the latest doc- trines of the Supreme Court in every topic found in this work for the ready reference of every reader including the practitio- ner. Examples of past bar examinations have been liberally used for the student and the bar examinee to see how bar ex-

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aminers have applied procedural principles in the framing of specific bar questions.

The overwhelming support generously given to our ear- lier work, the Fundamentals of Civil Procedure, by students, practitioners and even members of the bench has motivated us to expand quite substantially on the content of the original material by including other aspects of civil procedure — pro- visional remedies and special civil actions.

We have been very fortunate enough to have friends like Atty. Ernesto C. Salao, Atty. Charm Nolasco and Ria Cabayan who encouraged us to go on with this work despite the con- straints of both work and time and who helped us tremen- dously in its publication. It was from Atty. Salao’s suggestions that the term, “a restatement” originated, truly a fitting ex- pression for the very purpose of this work.

Again, as we did before, we wish to acknowledge our deep gratitude to our students and bar reviewees whose intense de- sire to become members of the legal profession has become a primary source of energy in the development of this material. We look forward to meeting them as they take their oaths as members of the bar.

Quezon City, Philippines

March 30, 2009

WILLARD B. RIANO

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meeting them as they take their oaths as members of the bar. Quezon City, Philippines March
DEDICATION Niña…Daddy…Mommy… Nonong…Neneng… v

DEDICATION

Niña…Daddy…Mommy…

Nonong…Neneng…

v

CONTENT

Chapter I

Fundamental Concepts

I. The Basics of the Civil Litigation Process

I. Complaint

3

A. Right of Action and Cause of Action

4

B. Jurisdiction, Venue and Parties, Prescription and Conditions Precedent

4

C. Preparation of the Complaint

6

D. Filing of the Complaint

8

E. Dismissal of the Action by the Plaintiff

9

F. Amendment of the Complaint

10

II. Summons

12

III. Answer

14

IV. Pre-Trial

16

V. Trial

17

VI. Judgment

17

VII. Post Judgment Remedies

18

VIII. Execution

18

II. Powers of the Supreme Court

Rule-Making Power of the Supreme Court

19

Limitations on the Rule-Making Power of the Supreme Court

19

Legislative Power and the Rule-Making Power of the Supreme Court

19

Liberal Construction of the Rules of Court (Bar 1998)

21

Illustration (Bar 1998)

21

Suggested Answer

21

Power of the Supreme Court to Suspend its Own Rules

24

Power to Amend the Rules

27

Power to Stay Proceedings and Control its Processes

28

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III. The Rules of Court

The Procedural Rules Under the Rules of Court Are Not Laws

28

Substantive Law Distinguished from Remedial Law (Bar 2006)

28

Prospective Effect of the Rules of Court

29

Applicability to Pending Actions; Retroactivity

29

When Procedural Rules Do Not Apply to Pending Actions

30

Applicable Actions or Proceedings

30

Inapplicable Actions or Proceedings

30

Scope of Civil Procedure

34

IV. Nature of Philippine Courts

Courts of Law and Equity

35

Application of Equity; Equity Jurisdiction

35

Principle of Judicial Hierarchy

36

When the Doctrine of Hierarchy of Courts May Be Disregarded

38

Doctrine of Non-Interference or Doctrine of Judicial Stability

39

Constitutional and Statutory Courts

39

Civil and Criminal Courts

40

Courts of Record and Courts Not of Record

40

Superior and Inferior Courts

41

Courts of General and Special Jurisdiction

41

Courts of Original and Appellate Jurisdiction

41

Original and Exclusive Jurisdiction Distinguished

43

Concurrent Jurisdiction

43

Meaning of Court

44

Court Distinguished From a Judge

45

Katarungang Pambarangay Law (Secs. 399-422, Chapter 7, Title One, Book III, R.A. 7160)

45

Initiation of Proceedings

46

Personal Appearance of Parties

47

Parties to the Proceedings

47

Subject Matters for Settlement

47

Referral to the Lupon by the Court

48

Form of Settlement

48

Effect of Amicable Settlement and Award

48

Execution of Award or Settlement

49

Importance of Barangay Conciliation Proceedings

49

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V. Pleadings in Civil Cases

Nature of Pleadings

51

Necessity and Purpose of Pleadings

51

Construction of Pleadings

52

Construction of Ambiguous Allegations in Pleadings

52

System of Pleading in the Philippines

53

Pleadings Allowed by the Rules of Court (Bar 1996)

53

Pleadings Allowed Under the Rules on Summary Procedure

53

Pleadings Not Allowed in a Petition for a Writ of Amparo or Habeas Data

53

Caption of the Pleading

54

Title of the Action

54

Variance Between Caption and Allegations in the Pleading

54

Body of the Pleading

55

Designation of Causes of Actions Joined in One Complaint

56

Allegations of Ultimate Facts

56

Relief

56

Signature and Address

57

Effect of an Unsigned Pleading

58

Significance of the Signature of Counsel (Bar 1996)

58

When Counsel is Subject to Disciplinary Action

59

Verification in a Pleading

59

How a Pleading is Verified

59

Significance of a Verification

60

Effect of Lack of a Verification

60

Other Requirements

61

Certification Against Forum Shopping

62

Meaning of Forum Shopping

63

Rationale Against Forum Shopping

64

How to Determine Existence of Forum Shopping

64

Who Executes the Certification Against Forum Shopping (Bar 2000)

66

Liberal Interpretation of the Rules on the Signing of the Certification Against Forum Shopping

67

Signing the Certification When the Plaintiff is a Juridical Entity

69

Pleadings Requiring a Certification Against Forum Shopping

70

Effects of Non-Compliance with the Rule on Certification Against Forum Shopping (Bar 1996)

70

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No Appeal Form an Order of Dismissal

71

Effect of Willful and Deliberate Forum Shopping

71

Effect of Submission of a False Certification

72

Effect of Non-Compliance with the Undertakings

72

VI. Filing and Service of Pleadings, Judgments and Other Papers in Civil Cases

Meaning of Filing

72

Meaning of Service

72

Upon Whom Service Shall be Made

72

Manner of Filing

73

How to Prove Filing

74

Papers Required to be Filed and Served

74

Modes of Service

74

Personal Service

75

When Personal Service is Deemed Complete

77

Service by Mail

77

When Service by Mail is Deemed Complete

77

Substituted Service

77

When Substituted Service is Complete

78

How to Prove Service

78

VII. Motions in Civil Cases

Definition of a Motion

78

Form of Motions

78

Contents of a Motion

79

Hearing of the Motion

79

Notice of the Motion

80

Service of the Motion

80

Motion Day

81

Effect of Failure to Set the Motion for Hearing, to Include a Notice of Hearing and to Serve the Motion (Secs. 4, 5, 6 of Rule 15)

81

The Omnibus Motion Rule

81

Chapter II

Cause of Action and Actions

I. Cause of Action (Rule 2)

Meaning

83

Elements of a Cause of Action

83

x

Concept of Cause of Action as Applied to Administrative Cases

84

Cause of Action in Specific Cases

84

Illustration (Bar 1999)

85

Suggested Answer

86

Illustration (Bar 2004)

87

Suggested Answer

87

Action Distinguished From Cause of Action (Bar 1999)

88

Failure to State a Cause of Action

88

Failure to State a Cause of Action and Lack of a Cause of Action

89

Test of the Sufficiency of the Statement of a Cause of Action

91

Allegations of the Complaint Determine Whether or not Complaint States a Cause of Action

92

Allegations of the Complaint Also Determine the Nature of the Cause of Action

94

How to State the Cause of Action

96

Conditions Precedent

97

Pleading a Judgment

97

Pleading an Official Document or Act

98

Pleading to Sue or be Sued

98

Pleading, Fraud, Mistake or Condition of the Mind

98

Pleading Alternative Causes of Actions or Defenses

99

Pleading Actionable Documents

101

How to Contest an Actionable Document

102

When an Oath is Not Required

102

Illustration (Bar 1987)

103

Suggested Answer

103

Defenses Cut-off by the Admission of Genuineness and Due Execution

103

Defenses Not Cut-off by the Admission of Genuineness and Due Execution

104

Illustration (Bar 2005)

104

Suggested Answer

105

Illustration (Bar 2004)

105

Suggested Answer

106

Illustration (Bar 1991)

106

Suggested Answer

107

Splitting a Single Cause of Action

107

Prohibition Against Splitting a Single Cause of Action

108

Illustration (Bar 1999)

110

Suggested Answer

110

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Illustration (Bar 2005)

111

Suggested Answer

111

Illustration (Bar 2005)

112

Suggested Answer

112

Illustration (Bar 1996)

112

Suggested Answer

113

Anticipatory Breach

113

Effect of Splitting a Single Cause of Action (Bar 1998; 1999)

114

Joinder of Causes of Action (Bar 1999)

114

Illustration (Bar 2005)

117

Suggested Answer

117

Illustration (Bar 2002)

118

Suggested Answer

118

Illustration (Bar 2002)

118

Suggested Answer

118

Illustration (Bar 1999)

119

Suggested Answer

119

Illustration (Bar 1996)

119

Suggested Answer

119

Illustration (Bar 1996)

120

Suggested Answer

120

Remedy in Case of Misjoinder of Actions

120

II. Actions

Defi nition

121

Civil Actions and Criminal Actions

121

Actions Distinguished from Special Proceedings (Bar 1998; 1996)

121

Real and Personal Actions (Bar 2006; 2004)

122

Illustration (Adapted from Bar 1978 and 1976)

124

Suggested Answer

124

Significance of the Distinction Between a Personal and Real Action

126

In personam and in rem actions (Bar 1994)

127

Quasi in rem actions

129

Significance of Distinction Between Actions in rem, in personam and quasi in rem

130

Jurisdiction over the Res

132

Extraterritorial Service; Other Rules on Summons (Bar 1989)

133

Application of Principles

134

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Chapter III

Jurisdiction, Venue and Parties

I. Jurisdiction

Meaning of Jurisdiction

138

Power of the Court

138

Test of Jurisdiction

139

Matter of Substantive Law

139

Not Subject to Waiver or Stipulation

139

Duty of a Court to Determine its Jurisdiction

139

Jurisdiction Versus the Exercise of Jurisdiction

140

Error of Judgment and Error of Jurisdiction; Distinctions (Bar 1989)

140

Lack of Jurisdiction and Excess of Jurisdiction

142

Jurisdiction and Cause of Action (Bar 1988)

142

Jurisdiction Over the Subject Matter

142

How Jurisdiction Over the Subject Matter is Conferred

143

How Jurisdiction Over the Subject Matter is Determined

144

Jurisdiction is not Determined Either by the Defenses or by the Evidences in the Trial

145

Applicability to Criminal Actions

147

Exception to the Rule that Jurisdiction is Determined by the Allegations of the Complaint

148

Doctrine of Primary Jurisdiction

151

Doctrine of Continuity of Jurisdiction (adherence of jurisdiction)

152

Law Which Governs Jurisdiction

153

Objections to Jurisdiction Over the Subject Matter

154

Illustration (Bar 2004)

155

Suggested Answer

155

Effect of Estoppel on Objections to Jurisdiction

156

Tijam Ruling, an Exception Rather Than the Rule

157

Jurisdiction Over the Parties

158

Illustration (Bar 1981)

158

Suggested Answer

158

Illustration (Bar 2005)

159

Suggested Answer

159

Illustration (Bar 1994)

160

Suggested Answer

160

When Jurisdiction Over the Person of the Defendant is Required

160

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Voluntary Appearance of the Defendant

161

Objections to Jurisdiction Over the Person of the Defendant

162

Illustration (Bar 1990)

162

Suggested Answer

162

Effect of Pleading Additional Defenses Aside from Lack of Jurisdiction Over the Person of the Defendant

163

Jurisdiction Over the Issue

163

How Jurisdiction Over the Issue is Conferred and Determined

164

Distinction Between a Question of Law and a Question of Fact (Bar 2004)

165

When an Issue Arises Even if Not Raised in the Pleadings

166

Illustration (Bar 2004, No. 1)

167

Suggested Answer

167

Illustration (Bar 2004)

167

Suggested Answer

168

Jurisdiction of Municipal Trial Courts, Metropolitan Trial Court and Municipal Circuit Trial Court (Under B.P. 129 as Amended by R.A. 7691)

168

Actions for Forcible Entry and Unlawful Detainer

169

Real Actions Other than Forcible Entry and Unlawful Detainer

169

Demand not Exceeding P300,000.00 or P400,000.00

174

Illustration (Bar 2008)

174

Suggested Answer

174

Actions Involving Personal Property

175

Admiralty and Maritime Cases

175

Probate Proceedings; Provisional Remedies

175

Delegated Jurisdiction

176

Special Jurisdiction

176

Cases Subject to Summary Procedure (Bar 2004; 1995; 1993; 1991; 1989; 1988)

176

Determination of Jurisdictional Amount

179

Illustration (Bar 2004)

179

Suggested Answer

180

Totality Rule

180

Territorial Extent of Court Processes

180

Review of Judgments of the MTC

180

Jurisdiction Over small claims Cases

180

Jurisdiction of Regional Trial Courts (Under B.P. 129 as amended by R.A. 7691)

187

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Special Jurisdiction to Try Special Cases

189

Jurisdiction Over Intracorporate Controversies

189

The RTC is a Court of General Jurisdiction

190

Actions Incapable of Pecuniary Estimation

190

Illustration (Bar 2000)

191

Suggested Answer

191

Extent of Trial Court’s Jurisdiction When Acting as a Probate Court

193

Jurisdiction of the Court of Appeals (Under B.P. 129 as amended by R.A. 7902)

194

Power to Try and Conduct Hearings

195

Jurisdiction of the Supreme Court

196

Illustration (Bar 2005)

197

Suggested Answer

198

The Supreme Court is not a Trier of Facts

198

Exceptions

198

Cases Which Under the Constitution Must be Heard En Banc

199

Jurisdiction of the Family Courts

200

II. Venue (Rule 4)

Meaning of Venue

201

Venue is not a Matter of Substantive Law

201

Dismissal Based on Improper Venue

201

When Court may make a Motu Proprio Dismissal based on Improper Venue

202

How Venue is Determined

203

Illustration (Bar 2008)

204

Suggested Answers

204

Stipulations on Venue

204

Adopted Illustrations

208

Denial of a Motion to Dismiss Based on Improper Venue; No Appeal

209

Improper Venue is not Jurisdictional

209

Venue Distinguished from Jurisdiction (Bar 2006)

210

III. Parties (Rule 3)

Parties to a Civil Action

210

Who May be Parties

211

Judicial Persons as Parties

211

Entities Authorized by Law to be Parties

212

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Entity Without a Juridical Personality as a Defendant

212

Remedy When a Party Impleaded is not Authorized to be a Party

213

Averment of Capacity to Sue or Be Sued

214

A Minor or an Incompetent as a Party

214

Real Party in Interest

214

Illustration (Bar 1989)

217

Suggested Answer

218

Illustration (Bar 1988)

218

Suggested Answer

218

Prosecution/Defenses of an Action in the Name of the Real Party in Interest

219

Failure to Include the Name of a Party in the Pleading

219

Rule on Standing as Distinguished From the Concept of Real Party in Interest

219

Indispensable Parties

220

Illustration (Bar 1996)

221

Suggested Answer

222

Compulsory Joinder of Indispensable Parties

222

Dismissal for Failure to Implead an Indispensable Party

222

Necessary Parties

224

Distinction Between an Indispensable and a Necessary Party

224

Effect of Justified Failure to Implead a Necessary Party (Bar 1998)

227

Duty to of Pleader When a Necessary Party is Not Joined

227

When Court May Order Joinder of a Necessary Party (Bar 1998)

227

Effect of Failure to Comply With Order of the Court (Bar 1998)

227

Unwilling Co-Plaintiff

228

Alternative Defendants

228

Misjoinder and Non-Joinder of Parties

229

Unknown Defendant

229

Effect of Death of a Party on the Attorney-Client Relationship

230

Duty of Counsel Upon the Death of His Client

230

Action of Court Upon Notice of Death; Effect of Death on the Case

230

When There is no Need to Procure an Executor or Administrator

231

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No Requirement for Service of Summons Purpose and Importance of Substitution of the Deceased Examples of Actions Which Survive the Death of a Party Actions for the Recovery of Money on Contractual Claims Incompetency or Incapacity of a Party During the Pendency of the Action Transfer of Interest Indigent Parties Role of the Solicitor General Suit by or Against Spouses Class Suit; Requisites Commonality of Interest in the Subject Matter No Class Suit When Interests are Conflicting No Class Suit by a Corporation to Recover Property of its Members No Class Suit to Recover Real Property Individually Held No Class Suit to Recover Damages for Personal Reputation Common or General Interest in the Environment and Natural Resources Illustration (Bar 2005) Suggested Answer Illustration (Bar 1994) Suggested Answer Illustration (Bar 1991) Suggested Answer

232

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233

234

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234

235

235

236

236

236

238

238

239

239

239

240

240

241

241

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Chapter IV

Filing, Amendment and Dismissal by the Plaintiff

A. Filing of the Complaint (Rules 1 & 13)

Meaning of filing Significance of Filing of the Complaint Payment of Docket Fees and Acquisition of Jurisdiction Payment of Docket Fees for Cases on Appeal

243

243

243

244

B. Amendment of Complaint (Rule 10)

Amendment as a Matter of Right Applicability of Mandamus

xvii

245

246

A Motion to Dismiss is not a Responsive Pleading (Bar 1979; 2005)

246

Amendment by Leave of Court (Bar 1994; 1986)

247

Amendment to Cure a Failure to State a Cause of Action

248

Amendment Where No Cause of Action Exist

249

Illustration (Bar 2008)

251

Suggested Answers

251

Alternative Answer

252

Amendment to Correct a Jurisdictional Defect Before a Responsive Pleading is Served Amendment to Correct a Jurisdictional Defect After

253

a

Responsive Pleading is Served

254

Illustration (Bar 2005)

255

Suggested Answer

255

Amendment to Conform to the Evidence

256

Illustration (Bar 2004)

256

Suggested Answer

257

Illustration (Bar 1992)

258

Suggested Answer

258

Effect of the Amendment on the Original Pleading

258

Effect of the Amendment on Admissions Made i59 the Original Pleading

259

Illustration (Bar 1993)

259

Suggested Answer When Summons not Required After Complaint

259

is

Amended

260

Illustration (Bar 1999)

260

Suggested Answer

261

Supplemental Pleadings

261

Cause of Action in Supplemental Pleadings

261

Answer To a Supplemental pleading; not Mandatory

262

 

C. Dismissal by the Plaintiff (Rule 17)

Dismissal by Mere Notice of Dismissal

263

Illustration (Bar 1989)

264

Suggested Answer

264

Dismissal Without Prejudice

264

Two-Dismissal Rule

265

Illustration (Bar 1989)

265

Suggested Answer

266

Dismissal by Filing a Motion to Dismiss

266

xviii

Effect of Dismissal Upon a Counterclaim Already Pleaded

266

Illustration (Bar 2008)

267

Suggested Answer

267

Dismissal Without Prejudice

268

Dismissal Due to the Fault of Plaintiff

268

Effect of Dismissal on the Counterclaim Under Sec. 3

268

Dismissal With Prejudice

271

 

Chapter V

Summons

Nature of Summons (Rule 14)

272

Purpose of Summons

272

To Whom Summons is Directed

273

Who Serves Summons

273

Duty of Server Upon Completion of Service

273

Uniformity of the Rules on Summons

274

Contents of the Summons

274

Service of Summons Without Copy of the Complaint

274

Service Upon an Entity Without a Juridical Personality

275

Service Upon a Prisoner

276

Service Upon a Minor and an Incompetent

276

Service Upon a Private Domestic Juridical Entity

281

Service Upon a Public Corporation

281

Service Upon a Defendant Whose Identity or Whereabouts are Unknown

281

Service Upon a Resident Temporarily Out of the Philippines

283

Service Upon a Foreign Private Juridical Entity

284

Acquisition of Jurisdiction Over the Person of the Defendant

285

A. Service in Person on the Defendant

286

B. Substituted Service of Summons

288

How Substituted Service is Made

290

When Defendant Prevents Service of Summons

291

Illustration (Bar 2006)

293

Suggested Answer

294

Illustration (Bar 2004)

294

Suggested Answer

295

C.

Summons by Publication

295

Extraterritorial Service of Summons

296

xix

Modes of Extraterritorial Service Illustration (Bar 2008) Summons when Complaint is Amended

Modes of Extraterritorial Service Illustration (Bar 2008) Summons when Complaint is Amended
Modes of Extraterritorial Service Illustration (Bar 2008) Summons when Complaint is Amended

Chapter VI

Proceedings After Service of Summons

Preliminary Statements

A. Motion for Bill of Particulars

When to File the Motion Purpose of the Motion Requirements for the Motion Action of the Court Illustration (Bar 2008) Suggested Answers Effect of Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his Responsive Pleading

Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his
Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his
Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his
Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his
Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his
Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his
Non-Compliance with the Order of the Court or Insufficient Compliance When the Movant Shall File his

B. Motion to Dismiss

A Motion to Dismiss is not a Pleading Hypothetical Admissions of a Motion to Dismiss Omnibus Motion Contents and Form of the Motion Time to File the Motion Grounds for Motion to Dismiss Laches as a Ground for a Motion to Dismiss Under Rule 16 Res Judicata as a Ground for Motion to Dismiss Concepts of Res Judicata Elements of Res Judicata Application of Res Judicata to Quasi-Judicial Proceedings No Res Judicata in Criminal Proceedings Pleading Grounds as Affirmative Defenses Remedy of the Defendant if the Motion is Denied Remedies of the Plaintiff if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of Complaint on the Counterclaim

if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of
if the Motion to Dismiss is Granted When Complaint Cannot be Refiled Effect of Dismissal of

297

301

303

of Dismissal of Complaint on the Counterclaim 297 301 303 305 306 307 308 308 308
of Dismissal of Complaint on the Counterclaim 297 301 303 305 306 307 308 308 308

305

Dismissal of Complaint on the Counterclaim 297 301 303 305 306 307 308 308 308 309

306

307

308

308

308

309

310

310

Counterclaim 297 301 303 305 306 307 308 308 308 309 310 310 311 311 312

311

311

312

313

313

314

315

315

316

317

317

317

318

318

319

321

321

xx

Chapter VII

Answer, Other Pleadings, Default, Judgment on the Pleadings, Summary Judgment

A. Answer

Nature of an Answer

323

Defenses in the Answer

323

Effect of Absence of a Specific Denial

323

Purpose of a Specific Denial

324

Kinds of Specific Denials

324

Negative Pregnant

327

When a Specific Denial Must be Coupled with an Oath

327

Matters Not Deemed Admitted by the Failure to Make a Specific Denial

329

Affirmative Defenses

329

B. Counterclaim

Nature of a Counterclaim (Bar 1999)

330

Compulsory Counterclaim

331

Incompatibility between a Compulsory Counterclaim and a Motion to Dismiss

334

Permissive Counterclaim

334

Distinctions Between a Compulsory and a Permissive Counterclaim

335

How to Set up an Omitted Compulsory Counterclaim

338

How to Set up a Counterclaim Arising After the Filing of the Answer

339

Period to Answer a Counterclaim

339

Effect of the Dismissal of a Complaint on the Counterclaim Already Set Up

339

C. Cross-Claim

Nature of a Cross-Claim

340

Distinctions Between a Counterclaim and a Cross-Claim (Bar 1999)

341

Period to Answer a Cross-Claim

342

D. Third (Fourth, Etc.) –Party Complaint

Nature of a Third-Party Complaint

340

Leave of Court

344

xxi

Answer to a Third-Party Complaint

344

E. Intervention

Nature of Intervention

344

Requisites for Intervention (Bar 2000)

345

Procedure for Intervention

346

Meaning of Legal Interest

346

Time for Intervention

347

F. Reply

Nature of a Reply

347

Filing of Reply, not Mandatory

347

When Filing of Reply is Advisable

348

G. Default

Nature of Default

348

Requisites Before a Party May Be Declared in Default (Bar 1999)

349

No Motu Proprio Declaration of Default

351

Failure to File an Answer Under the Rule on Summary Procedure

352

Effect of a Declaration/Order of Default

352

Effect of partial Default

352

Action of the Court After the Declaration/Order of Default

353

Judicial Discretion to Admit Answer Filed Out of Time

353

Remedies of a Defending Party Declared in Default (Bar 1998)

354

Current Judicial Trend on Default

355

Implied Lifting of the Order of Default

355

Extent of Relief in a Judgment by Default

359

Cases Where a Declaration/Order of Default Cannot be Made

359

Judgment by Default for Refusal to Comply with the Modes of Discovery

359

H. Judgment on the Pleadings (Bar 1999; 1993; 1978)

Nature of Judgment on the Pleadings

360

Motion Required

360

xxii

Cases Where Judgment on the Pleadings Will Not Apply

360

I. Summary Judgment (Bar 1989)

Nature of Summary Judgment (Bar 1986; 1989; 1996; 1999) Distinctions Between a Judgment on the Pleadings and a Summary Judgment (Bar 1989)

361

363

Chapter VIII

Pre-Trial and Modes of Discovery

A. Pre-Trial

Nature and Purpose of a Pre-Trial Referral to the Philippine Mediation Center How Pre-Trial is Called (Bar 1999) The Meaning of Last Pleading Notice of Pre-Trial (Bar 1977) Appearance in the Pre-Trial (Bar 1992) Effect of Failure to Appear by the Plaintiff (Bar 1989; 1981; 1980) Effect of Failure to Appear by the Defendant How Non-Appearance is Excused Filing and Contents of Pre-Trial Briefs Importance of Identification and Marking of Evidence Legal Effect of Representations and Statements in the Pre-trial Brief Effect of Failure to File a Pre-Trial Brief No Termination of Pre-Trial for Failure to Settle Questions to be Asked by the Judge Pre-Trial Order Pre-Trial in Civil Cases Compared to Pre-Trial in Criminal Cases (Bar 1997) Preliminary Conference Under the Revised Rules on Summary Procedure The Enhanced Pre-Trial Proceedings

B. Modes of Discovery

Meaning of Discovery Purpose of Discovery Duty of the Court in Relation to the Modes of Discovery

xxiii

364

365

366

366

367

367

367

368

368

369

370

370

370

371

372

372

373

374

374

375

375

375

Modes of Discovery Under the Rules of Court (Bar 2000)

376

Depositions (Rules 23-24)

376

When Leave of Court is Required and not Required for Taking a Deposition Pending Action

376

Deposition of a Prisoner

378

Before Whom Taken (Depositions Pending Action)

378

Examination of the Deponent

379

Use of Depositions Pending Action

380

Deposition Upon Written Interrogatories

380

Perpetuation of Testimony Before Action or Pending Appeal

381

 

Interrogatories to Parties (Rule 25)

Purpose of Interrogatories to Parties

381

Distinguished From a Bill of Particulars

381

Distinguished From Written Interrogatories in a Deposition

382

Procedure

382

Effect of Failure to Serve Written Interrogatories

383

 

Admission by Adverse Party (Rule 26)

Purpose of Admission by Adverse Party

383

Filing of Written Request for Admission

383

Filing and Service of a Sworn Statement of Admission or Denial; Effect of Failure to File and Serve

384

Deferment of Compliance

384

Withdrawal of Admission

384

 

Production or Inspection of Documents or Things (Rule 27)

Purpose

385

Filing of a Motion; Order of the Court

388

 

Physical and Mental Examination of Persons (Rule 28)

Applicability

389

Procedure

389

Waiver of Privilege

390

Refusal to Comply with the Modes of Discovery (Rule 29)

390

A.

Refusal to Answer Any Question

390

xxiv

B. Refusal to Answer Designated or Particular Questions or Refusal to Produce Documents or Things or to Submit to Physical or Mental Examination

391

C. Refusal to be Sworn

391

D. Refusal to Admit

392

E. Failure to Attend Depositions or to Serve Answers to Interrogatories

392

Chapter IX

Trial, Demurrer to Evidence and Judgment

A. Trial

Nature of Trial

394

Trial and Hearing

394

When Trial is Unnecessary (Bar 1996)

394

Notice of Trial

395

Calendaring of Cases

395

Session Hours

395

Adjournment and Postponements

396

Limitation on the Authority to Adjourn

396

Postponement on the Ground of Illness

396

Postponement on the Ground of Absence of Evidence (Bar 1975)

397

Postponement is not a Matter of Right

397

Reception of Evidence

397

Issues in the Trial

398

Agreed Statement of Facts

398

Consolidation or Severance

398

B. Demurrer to Evidence

Motion to Dismiss in Rule 16 Distinguished from Demurrer to Evidence

399

Effect of Denial of the Demurrer to Evidence

400

Effect of Granting of the Demurrer to Evidence

400

Demurrer in a Civil Case as Distinguished From a Demurrer in a Criminal Case

401

C. Judgment

Meaning of a Judgment

402

Judgment and Decision

402

xxv

Requisites of a Valid Judgment

402

Orders Granting or Denying a Motion to Dismiss

404

Denials of a Petition for Review or of a Motion for Reconsideration

404

Conflict Between the Dispositive Portion and Body of the Decision

404

Ambiguity in the Judgment; Clarificatory Judgment

405

Resolutions of the Supreme Court

405

Interlocutory Orders

406

Memorandum Decisions

406

Meaning of Rendition of Judgment

407

Period Within Which to Render a Decision

408

Extension of the Period to Render a Decision

409

Judgment Penned by a Judge who did not Hear the Evidence

409

Judgment Penned by a Judge who had Ceased to be a Judge

410

Judgment Penned by a Judge who was Transferred

411

Judgments of the Supreme Court

411

Rule of Stare Decisis

412

Obiter Dictum

413

When a Judgment Becomes Final

413

Conclusiveness of Judgments (Immutability of Judgments)

414

Exceptions to the Rule of Immutability of Judgments

415

Res Judicata Effect of a Final Judgment or Final Order

416

Judgment on the Merits

418

Doctrine of Law of the Case

419

Several Judgment

419

Separate Judgment

420

Conditional Judgment

420

Judgment Sin Perjuicio

420

Judgment Nunc Pro Tunc

421

Judgment Upon a Compromise (Bar 1996)

421

Judgment Upon a Confession (Cognovit Actionem)

423

Judgment Against an Entity Without a Juridical Personality

424

Entry of Judgment; Date Thereof

424

Relevance of Knowing the Date of the Entry of a Judgment

425

xxvi

Chapter X

Post Judgment Remedies

I. Remedies Before a Judgment Becomes Final and Executory

Available Remedies to the Aggrieved Party

426

A. Motion for Reconsideration (Rule 37)

Object of the Motion

427

When to File

427

Effect of the Filing the Motion on the Period to Appeal

428

Grounds for a Motion for Reconsideration

428

Pro Forma Motion

429

Resolution of the Motion

430

Denial of the Motion; the Fresh Period Rule

430

Order of Denial, Not Appealable

433

Remedy When Motion is Denied

434

Effect of Granting a Motion for Reconsideration

434

Partial Reconsideration

435

The Single Motion Rule

435

B. Motion for New Trial (Rule 37)

When to File

435

Effect of the Filing of the Motion on the Period to Appeal

436

Form of a Motion for New Trial

436

Grounds for a Motion for New Trial

436

Affidavit of Merit

437

Gross Negligence of Counsel not a Ground for New Trial

437

Resolution of the Motion

438

Denial of the Motion; the “fresh period” Rule

438

Order of Denial, not Appealable

438

Remedy When Motion is Denied

438

Effect of Granting the Motion for New Trial

439

Partial New Trial

439

Second Motion for New Trial

439

APPEALS

General Principles on Appeal

440

Judgments or Orders that are Not Appealable

441

xxvii

Remedy in Case the Judgment or Final Order is Not Appealable

443

Issues that may be Raised on Appeal

443

Issues that the Appellate Court Decides on Appeal

444

When Errors Not Raised on Appeal may be Considered

445

Appeals in Criminal Cases

446

Payment of Docket Fee

447

Record on Appeal; Notice of Appeal

448

A.

Appeal from Municipal Trial Courts to the Regional Trial Courts (Rule 40)

Where to Appeal from a Judgment or Final Order of a Municipal Court

450

When to Appeal

450

How to Appeal

454

Perfection of the Appeal

451

Duty of the Clerk of Court

451

When Case is deemed Submitted for Decision

452

Appeal from an Order Dismissing a Case for Lack of Jurisdiction

452

 

B. Appeal from The Regional Trial Courts to the Court of Appeals (Rule 41)

Modes of Appeal from the Decision of the Regional Trial Court

453

Application of Rule 41

454

When to Appeal

454

How to Appeal

454

Questions That may be Raised on Appeal

456

Residual Jurisdiction

456

C.

Petition for Review from the Regional Trial Courts to the Court of Appeals (Rule 42)

Application of Rule 42

457

When to Appeal

457

How to Appeal

457

Dismissal of the Appeal

459

Residual Jurisdiction

460

Stay of Judgment

460

xxviii

D. Appeal by Certiorari to the Supreme Court (Rule 45)

Application of Rule 45

461

Provisional Remedies

462

Not a Matter of Right

462

Questions of Law

463

Exceptions to the Rule

464

Appeal from Judgment in a Petition for a Writ of Amparo Or Writ of Habeas Data

466

Certiorari Under Rule 45 is not the Certiorari Under Rule 65 (Bar 1998; 1999)

466

When to Appeal

469

How to Appeal

470

Provisional Remedies in a Rule 45 Petition

471

Appeals from Quasi-Judicial Bodies

471

Review of Decision of the NLRC (Bar 2006)

472

Appeals from the Sandiganbayan

472

Review of the Rulings of the Ombudsman (Bar 2006)

472

Appeals from Judgments of the Court of Tax Appeals (Bar 2006)

475

Review of Judgments of the Commission on Elections

475

Review of Judgments of the Commission on Audit

476

Appeals from Judgments of the Civil Service Commission

476

Appeals from Judgments of the Office of the President

476

II. Remedies After a Judgment has Become Final and Executory

Illustration (Bar 1995)

477

Suggested Answer

477

A. Petition for Relief or Relief from Judgments. Orders or Other Proceedings (Rule 38)

Nature of the Petition

477

Grounds for a Petition for Relief; Proper Court

477

Petition is Available Only to the Parties

478

Petition is Available to Proceedings after the Judgment

479

When to File

479

Form of the Petition; Affidavit of Merit

480

Order to Answer

480

xxix

Hearing of the Petition Action of the Court Preliminary Injunction Pending the Petition for Relief No Petition for Relief in the Supreme Court

480

480

481

482

B. Annulment of Judgments or Final Orders or Resolutions (Rule 47)

Nature of the Action Grounds for Annulment Extrinsic Fraud Lack of Jurisdiction Period for Filing the Action Who May File the Action Basic Procedure Effect of a Judgment of Annulment Application of Rule 47; Annulment of Judgments of the MTC Annulment of Judgments of Quasi-Judicial Bodies

C. Certiorari (Rule 65)

Nature of the Remedy Motion for Reconsideration Material Data (Date) Rule Certification Against Forum Shopping Observance of Hierarchy of Courts Amendments to Rule 65

483

484

485

485

486

486

487

487

488

488

489

490

492

492

492

492

D. Collateral Attack of a Judgment

Distinction Between a Direct from a Collateral Attack

493

Chapter XI

Execution of Judgments

Meaning of Execution Part of the Judgment to be Executed When Execution Shall Issue How Execution Shall Issue Where Application for Execution Made No Appeal from an Order of Execution Form and Contents of Writ of Execution Writ of Execution Must Conform with Judgment

xxx

494

494

494

495

496

496

497

497

Lifetime of the Writ of Execution (Bar 1995)

499

When Execution Will be Denied

499

Quashal of a Writ of Execution

500

Duty of Sheriff

501

Modes of Execution of a Judgment (Bar 1982; 1987; 1997)

501

Revival of judgment (Bar 1997)

502

Illustration (Bar 1997)

508

Suggested Answer

508

When the Five-Year Period is Interrupted (Bar 1993)

509

When the Five and Ten-Year Periods Do Not Apply

510

Stay of Execution of a Judgment; Exceptions

510

Judgments Not Stayed by Appeal

510

Discretionary Execution (Bar 1991; 1995)

511

Requisites for Discretionary Execution

512

Discretionary Execution is to be Strictly Construed

512

Good Reasons

512

Illustration (Bar 1995)

514

Suggested Answer

514

Frivolous Appeal as Reason for Discretiona Execution

514

Posting of Bond as Reason for Discretionary Execution (Bar 1991)

515

Financial Distress as Reason for Discretionary Execution

515

Where to File an Application for Discretionary Execution

516

Remedy Where the Judgment Subject to Discretionary Execution is Reversed or Annulled

516

Execution in Case the Judgment Obligee Dies

516

Execution in Case the Judgment Obligor Dies

516

How to Execute Judgments for Money

517

Garnishment of Debts and Credits

518

Execution of a Judgment for the Performance of a Specific Act

519

Execution for a Judgment for the Delivery or Restitution of Real Property (Bar 1995)

519

Contempt is not a Remedy

520

Removal of Improvements on the Property Subject of Execution

520

Property Exempt from Execution (Bar 1981)

521

When the Property Mentioned is not Exempt form Execution

522

Proceedings When Property Levied Upon is Claimed by Third Persons; Terceria (Bar 1982; 1984; 1993)

522

xxxi

Illustration (Bar 1993)

525

Suggested Answer

525

Miscellaneous Principles to be Remembered in Execution Sales

526

Sale and Redemption of Real Property

528

Effect if no Redemption is Made

528

Rents, Income and Earnings of the Property Pending the Redemption

529

Remedy When the Judgment is Unsatisfied (Bar 1983; 2002)

529

Effect of Final Judgments

529

Chapter XII

Provisional Remedies

Nature of Provisional Remedies

532

Purpose of Provisional Remedies (Bar 1996)

532

Court Which Grants Provisional Remedies

532

Kinds of Provisional Remedies (Bar 1999)

533

Deposit as a Provisional Remedy

533

Provisional Remedies (interim Reliefs) in a Petition for a Writ of Amparo

536

Availability of Interim Reliefs to Respondent in a Petition for a Writ of Amparo

536

I. Preliminary Attachment (Rule 57)

Nature of Preliminary Attachment

537

Purpose of Preliminary Attachment

539

Kinds of Attachments; Distinctions (Bar 1975; 1999)

539

Cases in Which Preliminary Attachment is Proper

540

Illustration (Bar 1981)

545

Suggested Answer

546

Illustration (Bar 1982)

546

Suggested Answer

546

Illustration (Bar 1983)

546

Suggested Answer

547

Illustration (Bar 1990)

548

Suggested Answer

548

When to Apply for Preliminary Attachment

548

By Whom Applied For

548

Ex Parte Issuance of the Writ (Bar 2005; 2001; 1996; 1993; 1991)

549

xxxii

Illustration (Bar 2005)

549

Suggested Answer

550

Illustration (Bar 2001)

550

Suggested Answer

550

Illustration (Bar 1996)

551

Suggested Answer

551

Illustration (Bar 1993)

551

Suggested Answer

552

Illustration (Bar 1991)

552

Suggested Answers

553

Illustration (Bar 1978)

553

Suggested Answer

554

Why Ex Parte Grant of the Writ is Allowed

554

Stages in the Grant of Preliminary Attachment

554

When Contemporaneous Service is not Required

555

Requisites for the Issuance of an Order/Writ of Preliminary Attachment

555

Grant of Preliminary Attachment, Discretionary

556

Strict Construction of the Rule

557

How to Prevent the Attachment

557

How to Have the Attachment Discharged

557

Damages for a Wrongful Attachment

558

Illustration (Bar 1999)

560

Suggested Answer

560

Attachment of Property in Custodia Legis

560

Illustration (Bar 1999)

561

Suggested Answer

561

Proceedings Where Property Attached is Claimed by a Third Person

561

Illustration (Bar 2000)

563

Suggested Answer

563

No Sale of Property Covered by a Writ of Preliminary Attachment Before Entry of Judgment; Exception

564

II. Preliminary Injunction (Rule 58)

Nature of Preliminary Injunction

564

Main Action for Injunction Distinguished from a Preliminary Injunction (Bar 2006)

567

Purpose of Preliminary Injunction

568

Illustration (Bar 1978)

568

Suggested Answer

568

Preliminary Injunction Distinguished from a Final Injunction

569

xxxiii

Prohibitory and Mandatory Injunctions

569

Prohibitory Injunction Distinguished from Prohibition

569

Mandatory Injunction Distinguished from Mandamus

570

Stage of Proceedings When Granted

570

Court that Issues Preliminary Injunction

570

Requisites for Issuance of a Writ of Preliminary Injunction (Bar 2006) or Temporary Restraining Order

571

Quantum of Evidence Required

573

Notice and Hearing (Bar 2001; 1998)

574

Temporary Restraining Order (Bar 2006)

574

Illustration (Bar 1993)

576

Suggested Answer

576

Illustration (Bar 1998)

577

Suggested Answers

577

Illustration (Bar 2001)

578

Suggested Answer

578

Illustration (Bar 2001)

578

Suggested Answer

578

Issuance of Temporary Restraining Order by the Court of Appeals (Bar 2006) and the Supreme Court

579

Illustration (Bar 1988)

579

Suggested Answer

579

Nature of an Order Granting a Preliminary injunction

579

Examples of Cases Justifying the Issuance of a Writ of Preliminary Injunction

580

Illustration (Bar 2003)

581

Suggested Answer

581

Illustration (Bar 1984)

581

Suggested Answer

582

Illustration (Bar 2002)

582

Suggested Answer

583

Examples of Cases in Which Injunction/ Preliminary Injunction Will Not be Issued

583

Illustration (Bar 1999)

588

Suggested Answer

588

Illustration (Bar 1996)

588

Suggested Answer

588

How to Dissolve a Writ of Preliminary Injunction or Restraining Order

589

Duty of the Court that Issued the Writ

589

xxxiv

III. Receivership (Rule 59)

Nature of Receivership

590

Illustration (Bar 2001)

590

Suggested Answer

591

Illustration (Bar 1995)

591

Suggested Answer

591

Court That Can Grant Receivership

592

Procedure for Appointment of a Receiver

592

Powers of a Receiver

592

Investment of Funds by Receiver

593

Suits Against a Receiver

593

Appointment of a Party as a Receiver

593

IV. Replevin (Sec. 60)

Illustration (Bar 1999)

594

Suggested Answer

594

Procedure for the Application for Replevin

594

Illustration (Bar 1976)

595

Suggested Answer

595

Illustration (Bar 1996)

595

Suggested Answer

596

Undertaking of the Replevin Bond

596

Order of the Court and Duty of Sheriff

596

How Adverse Party Can Seek the Return of the Property

597

Replevin Distinguished form Preliminary Attachment

597

V. Support Pendente Lite (Rule 61)

Illustration (Bar 2001)

599

Suggested Answer

599

Illustration (Bar 1999)

599

Suggested Answer

600

Procedure for Application for Support Pendente Lite

600

Illustration (Bar 1981)

601

Suggested Answer

601

Enforcement of the Order

601

Restitution

601

xxxv

Chapter XIII

Special Civil Actions

Preliminaries

I. Interpleader (Rule 62)

Meaning of Interpleader (Bar 1998) Illustration (Bar 1988) Suggested Answer Illustration (Bar 1996) Suggested Answer Illustration (Bar 1978) Suggested Answer Basic Procedure Court With Jurisdiction Illustration (Bar 1997) Suggested Answer Distinctions Between Interpleader and Intervention

602

605

606

607

607

607

607

608

608

610

611

611

611

II. Declaratory Relief and Other Similar

Remedies (Rule 63)

Preliminaries Subject Matter in a Petition for Declaratory Relief Illustration (Bar 1998) Suggested Answer Court With Jurisdiction Pur