Академический Документы
Профессиональный Документы
Культура Документы
10
CIVIL PROCEDURE
RULE 1 GENERAL PROVISIONS Statutes regulating the procedure of courts will be construed as applicable to actions pending and undetermined at the time of their passage so long as vested rights will not be impaired. Under the 1987 Constitution, the rulema ing power of the Supreme Court has the following limitations! 1. shall provide a simplified and ine"pensive procedure for the speed# disposition of cases$ %. Uniform for all courts of the same grade, and &. Shall not diminish, increase or modif# substantive rights '(rt. )*** Sec. +,+-.. Section 3. Cases governed. ACTION CLAI
(n ordinar# suit in a court of /ustice ( right possessed b# one against another
'3. ACTION IN RE
:irected against the thing itself
4udgment is 4udgment is 4udgment binding on the binding onl# binding upon whole world upon parties particular impleaded or persons, but their the real motive successors in is to deal with interest real propert# or to sub/ect said propert# to certain claims. 5". ;and 5". action to 5". Unlawful registration recover detainer or case$ probate damages$ forcible entr#$ proceedings action for /udicial for allowance breach of foreclosure of of a will. contract mortgage.
0ne part# prosecutes 1he moment said another for the claim is filed before a enforcement or court, the claim is protection of a right converted into an or the prevention or action or suit. redress of a wrong.
PERSONAL ACTION
I$ED ACTION
8ormal demand of Special features not one9s legal rights in a found in ordinar# civil court of /ustice in the actions manner prescribed b# the court or b# the law
0wnership or personal propert# is 3oth real and possession of sought to be personal real propert# is recovered or where properties are involved damages for breach involved of contract are sought 8ounded on 8ounded on privit# 8ounded on privit# of of contract both estate e". (ccion 5". (ction for a sum e". (ccion reinvidicatoria of mone# publiciana with a claim for damages
1he distinction is significant in the determination of venue. <ith respect to mi"ed actions, the rules on venue of real actions shall govern, i.e., where the real propert# is located.
TRANSITOR" ACTION
2enerall#, must be brought where the part# resides regardless of where the cause of action arose 5". (ction to recover sum of mone#
Section +. Constr,ction. Genera- R,-e* ;iberal construction . E.ce/tions* a. reglementar# periods b. rule on forum shopping RULE 0 CAUSE O! ACTION Section 0. Ca,se o' Action1 de'ined. Essentia- e-e&ents o' ca,se o' action 1. 5"istence of a legal right of the plaintiff$ %. Correlative legal dut# of the defendant to respect one9s right$ &. (ct or omission of the defendant in violation of the plaintiff9s legal right$ and ?. Compliance with a condition precedent. CAUSE O! ACTION RIG2T O! ACTION
delict or wrongful act remedial right or right or omission committed to relief granted b# b# the defendant in law to a part# to violation of the institute an action primar# rights of the against a person who plaintiff has committed a delict or wrong against him 1he reason for the the remed# or means action afforded or the conse>uent relief the formal statement right that is given @ of alleged facts the right to litigate because of the occurrence of the alleged facts :etermined b# facts determined b# as alleged in the substantive law complaint and not the pra#er therein
Section %. Co&&ence&ent o' action. An action is co&&enced ()* 1. filing of the complaint 'the date of the filing determines whether or not the action has alread# prescribed.$ and %. pa#ment of the re>uisite doc et fees 'determined on the basis of the amount of the claim including the damages indicated in bod# or the pra#er of the pleading. *t is not simpl# the filing of the complaint or the appropriate initiator# pleading but also the pa#ment of the prescribed doc et fee that vests a trial court with /urisdiction over the sub/ect matter or nature of the action. 1he court ma# allow the pa#ment of the deficient doc et fee within a reasonable period but not be#ond the applicable prescriptive or reglementar# period. (n action can be commenced b# filing the complaint b# registered mail. *n which case, it is the date of mailing that is considered as the date of filing, and not the date of the receipt thereof b# the cler of court. 1he date of the filing of an amended complaint /oining additional defendant is the date of the commencement of the action with regard to such additional defendant.
RELIE!
RE ED"
SU34ECT ATTER
the redress, the the thing, protection, procedure or wrongful act, award or t#pe of contract or coercive action which propert# which measure which ma# be is
Section %. 4oinder o' ca,ses o' action. 6ule in this section is D56=*SS*)5 and the plaintiff can alwa#s file a separate action for each cause of action. Par. 7a8* 1he /oinder of causes of action ma# involve the same or different parties. *f the /oinder involved different parties, it must compl# with Sec. 7 6ule &, thus, there must be a >uestion of fact or law common to both parties /oined arising out of the same or series of transactions. Par. 7(8 re9,ires t6at: onl# causes of action in ordinar# civil actions ma# be /oined, obviousl# because the# are sub/ect to the same rules. Par. 7c8 (s long as one cause of action falls within the /urisdiction of the 61C, the case can be filed there even if the =1C has /urisdiction over the others. Pars. 7d8 e&(odies t6e TOTALIT" RULE Section 33 BP129, as amended by RA 7691 - <here there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totalit# of the claims in all the causes of actions, irrespective of whether the causes of action arose out of the same or different transactions. SPLITTING O! 4OINDER O! CAUSE O! ACTION CAUSES O! ACTION
1here is a single cause Contemplates several of action causes of action D60E*3*15:. Causes multiplicit# of suits and double ve"ation on the part of the defendant 5AC0U6(25:. =inimiFes multiplicit# of suits and inconvenience on the parties
Section 5. S/-itting a sing-e ca,se o' action1 e''ect o'. SPLITTING O! CAUSE O! ACTION @ is the practice of dividing one cause of action into different parts and ma ing each part sub/ect of a separate complaint. (pplies A01 onl# to complaints but also to counterclaims and crossclaims. Re&ed) against s/-itting a sing-e ca,se o' action* (. =otion to dismiss on the ground of! ;itis pendentia, if the first complaint is still pending '6ule 17, Sec. 1,e-.$ or 6es /udicata, if an# of the complaints is terminated b# final /udgment '6ule 17, Sec. 1,f-. 3. (n answer alleging either of the above-cited grounds as affirmative defense '6ule 17, Sec. 7. Genera- R,-e on Divisi(-e Contract ( contract to do several things at several times is divisible, and /udgment for a single breach of a continuing contract is not a bar to a suit for a subse>uent breach. Doctrine o' Antici/ator) 3reac6 5ven if the contract is divisible in its performance and the future periodic deliveries are not #et due, if the obligor has alread# manifested his refusal to compl# with his future periodic obligations, Bthe contract is entire and
Section +. action.
*mpleading the beneficiar# as a part# in the suit is now mandator#, in cases allowed to be prosecuted or defended b# a representative. CLASSI!ICATION O! PARTIES IN INTEREST 1. Indis/ensa(-e /arties @ those without whom no final determination can be had of an action. 'must be /oined. %. Necessar) 7or /ro/er8 /arties @ those who are not indispensable but ought to be parties if complete relief is to be accorded as to those alread# parties, or for a complete determination or settlement of the claim sub/ect of the action. 'ma# or ma# not be /oined. &. Re/resentative /arties @ someone acting in fiduciar# capacit#. =a#be a trustee, guardian, e"ecutor or administrator, or a part# authoriFed b# law or these 6ules. (n agent acting in his own name and for the benefit of an undisclosed principal ma# sue or be sued without /oining the principal e"cept when the contract involves things belonging to the principal ?. Pro 'or&a /arties @ those who are re>uired to be /oined as co-parties in suits b# or against another part# as ma# be provided b# the applicable substantive law or procedural rule such as in the case of spouses under Sec. ?. +. #,asi /arties @ those in whose behalf a class or representative suit is brought. Section %. /ersons. inor or inco&/etent
RE#UIRE ENTS !OR A PERSON TO 3E A PART" TO A CIVIL ACTION* 1. he must be a natural or /uridical person or an entit# authoriFed b# law$ %. he must have a legal capacit# to sue$ and &. he must be the real part# in interest. PLAINTI!!S- 1hose having an interest in the sub/ect matter of the action or in obtaining the relief demanded. DE!ENDANTS* 1. persons who claim an interest in the controvers# or the sub/ect thereof adverse to the plaintiff$ or %. who are necessar# to a complete determination or settlement of the >uestions involved therein$ or &. all those who ordinaril# should be /oined as plaintiffs but who do not consent thereto, the reason therefore being stated in the complaint. Aeither a dead person nor his estate ma# be a part# plaintiff in a court actionG Considering that capacit# to be sued is correlative of the capacit# to sue, to the same e"tent, a decedent does not have the capacit# to be sued and ma# not be named a part# defendant in a court action 'Ventura vs. Militante 316 SC ! 226". Section 3. Re/resentatives as /arties.
Under the present rule, a person need not be /udiciall# declared to be incompetent in order that the court ma#
4OINT DE3TORS @ indispensable part# with respect to own share and a necessar# part# with respect to the share of the others.
Section /arties.
+.
Per&issive
:oinder
o' SOLIDAR" DE3TORS @ either is indispensable and the other is not even a necessar# part# because complete relief ma# be obtained from either. Section =. Non>:oinder o' necessar) /arties to (e /-eaded. 1he non-inclusion of a necessar# part# ma# be e"cused onl# on meritorious grounds. 1he court ma# order the inclusion of the omitted necessar# part# if /urisdiction over his person ma# be obtained b# ordering plaintiff to file an amended complaint impleading the necessar# part# therein as co-defendant. 1he onl# sanction for failure to implead a necessar# part# when ordered b# the court and /urisdiction can be obtained over said part# is a waiver of the claim against him. 1his is considered as an e"ception to the provision on penalties imposed on a disobedient part# under Sec. & of 6ule 17 which would have entailed the dismissal of the complaint itself. Section 11. o' /arties. is:oinder and non>:oinder
PER ISSIVE 4OINDER @ the aggregate sum of all the claims, determines the /urisdiction of the court. Re9,isites o' /er&issive :oinder o' /arties. 1. 6ight to relief arises out of the same transaction or series of transactions$ %. 1here is a >uestion of law or fact common to all the plaintiffs or defendants$ and &. Such /oinder is not otherwise proscribed b# the provisions of the 6ules on /urisdiction and venue. SERIES O! TRANSACTIONS @ transactions connected with the same sub/ect of the action. INDISPENSA3LE PARTIES
1he action cannot proceed unless the# are /oined Ao valid /udgment if indispensable part# is not /oined
NECESSAR" PARTIES
1he action can proceed even in the absence of some necessar# parties 1he case ma# be determined in court but the /udgment therein will not resolve the entire controvers# if a necessar# part# is not /oined 1he# are those whose presence is necessar# to ad/udicate the whole controvers# but whose interests are so far separable that a final decree can be made in their absence without affecting
Aeither mis/oinder nor non-/oinder of parties is a ground for dismissal of the action. 0b/ections to defects in parties should be made at the earliest opportunit# @ the moment such defect becomes apparent @ b# a =01*0A 10 S16*H5 1E5 A(=5S 08 1E5 D(61*5S impleaded.
1he# are those with such an interest in the controvers# that a final decree would necessaril# affect their rights so that the court cannot proceed without their presence
Section 10. C-ass s,it. RE#UISITES O! A CLASS ?REPRESENTATIVE SUIT. 1. sub/ect matter of the controvers# is one of common or general interest to man# persons$ %. parties affected are so numerous that it is impracticable to bring them all before the court$ &. parties bringing the class suit are sufficientl# numerous or representative of the class and can full# protect the interests of all concerned. C-ass S,it
1here is one single cause of action pertaining to numerous persons
Section 1%. Entit) Ait6o,t :,ridica/ersona-it) as de'endant. 1he# ma# be sued under the name b# which the# are generall# nown, but the# cannot sue under such name for lac of /uridical personalit#. 1he service of summons ma# be effected upon all the defendants b# serving upon an# of them, or upon the person in charge of the office or place of business maintained under such name. (Se#. $, ule 1%" INSTANCES ;2ERE SU3STITUTION O! PARTIES IS PROPER* A. Deat6 o' /art)< d,t) o' co,nse- 7Sec. 1+8 1his provision applies where the claim is not thereb# e"tinguished as in cases involving propert# and propert# rights such as! 1. recover# of real and personal propert# against the estate. %. enforcement of liens on such properties &. recover# for an in/ur# to person or propert# b# reason of tort or delict committed b# the deceased. *n this case, the heirs will be substituted for the deceased 06 if no legal representative is named then the court will order the opposing part# to procure the appointment of an e"ecutor or
Section 15. Un@noAn identit) or na&e o' de'endant. Re9,isites* 1. there is a defendant %. his identit# or name is un nown &. fictitious name ma# be used because of ignorance of defendant9s true name and said ignorance is alleged in the complaint ?. identif#ing description ma# be used! sued as un nown owner, heir, devisee, or other designation
Re9,isites* 1. 1he action must primaril# be for recover# of mone#, debt, or interest thereon, and not where the mone# sought therein is merel# incidental thereto. %. 1he claim, sub/ect of the action, arose from a contract, e"press or implied, entered into b# the decedent in his lifetime or the liabilit# for which had been assumed b# or is imputable to him. *f defendant dies before entr# of final /udgment in the court where it was pending at that time, the action shall not be dismissed but shall be allowed to continue until entr# of final /udgment thereon. Eowever, e"ecution shall not issue in favor of the winning part#. *t should be filed as a claim against the estate of the decedent. Section 01. Indigent /art). Indigent @ one who has no propert# or income sufficient for his support aside from his labor, even if he is selfsupporting when able to wor and in emplo#ment. Ee need not be a pauper to entitle him to litigate in 'orma pauperis. <hile the authorit# to litigate as an indigent part# ma# be granted upon an e" parte application and hearing, it ma# be contested b# the adverse part# at an# time before /udgment is rendered. RULE 5 VENUE O! ACTIONS
*f there is failure to notif# the fact of death! the case ma# continue and proceedings will be held valid, and /udgment will bind the successors in interest. 3. Deat6 or se/aration o' a /art) A6o is a /,(-ic o''icer 7Sec. 1B8 1he action ma# be maintained b# and against his successor. 1he action contemplated here is one brought against the public officer in his official capacit#. C. S,/ervening Inco&/etence or inca/acit) o' a /art) 7Sec. 1C8 1he action shall continue to be prosecuted b# or against him, personall# or assisted b# the corresponding guardian. D. Trans'er o' interest 7Sec. 1=8 Substitution of parties in this section is A01 mandator#, it being permissible to continue the action b# or against the original part# in case of transfer of interest pen&ente lite. Unless the substitution b# or the /oinder of the transferee is re>uired b# the court, failure to do so does not warrant the dismissal of the case. ( transferee pen&ente lite is a proper, and not an indispensable part#. 1he case will be dismissed if the interest of plaintiff is transferred to defendant
Dlace where the action Dower of the court to is instituted hear and decide a case =a# be waived 4urisdiction over the sub/ect matter and over the nature of the action is conferred b# law and cannot be waived Substantive
Drocedural
=a# be changed b# the Cannot be the sub/ect written agreement of of the agreement of the parties the parties
T6e r,-e on VENUE IS NOT APPLICA3LE in cases 1. <here a specific rule or law provides otherwise$ or %. 1he parties have validl# agreed in writing before the filing of the action on the e"clusive venue thereof 'Sec. ?.. Re9,isites 'or ven,e to (e e.c-,sive 1. ( valid written agreement %. 5"ecuted b# the parties before the filing of the action$ and &. 5"clusive nature of the venue. *n the absence of >ualif#ing or restrictive words, venue stipulation is merel# permissive meaning that the stipulated venue is in addition to the venue provided for in the rule (Pol(tra&e Corp. vs. Blan#o 3) SC ! 1$*" Section 1. Ven,e o' rea- actions. I' /ro/ert) is -ocated at t6e (o,ndaries o' tAo /-aces! file one case in either place at the option of the plaintiff. I' case invo-ves tAo /ro/erties -ocated in tAo di''erent /-aces* 1. *f the properties are the ob/ect of the same transaction, file it in an# of the two places. %. *f the# are the sub/ects of two distinct transactions, separate
eans o' Aaiving ven,e* 1. failure to ob/ect via motion to dismiss %. affirmative relief sought in the court where the case is filed &. voluntar# submission to the court where the case is filed ?. laches Section 3. Ven,e o' actions against non>residents. RULES 1. NON>RESIDENT !OUND IN T2E P2IL. E a. for personal actions @ where the plaintiff resides$ and b. for real actions @ where the propert# is located. 0. NON RESIDENT NOT !OUND IN T2E P2IL. E (n action ma# be filed onl# when the case involves! a. Dersonal status of plaintiff @ venue! where plaintiff resides$ b. (n# propert# of said defendant located in the Dhil. @ venue! where the propert# or an# portion thereof is situated or found.
Drocedure.
<Jin 1I da#s from receipt of summons, defendant answers, incoporating compulsor# counterclaim or crossclaim, and serves a cop# on plaintiff *f :efendant fails to answer in 1I da#s @ 1he court, motu propio or on plaintiff9s motion, ma# render /udgment based on facts alleged in the complaint wJo pre/udice to 69, S& 'c.
1he Court should not dismiss the complaint or counterclaim if the# are not verified. 1he re>uirement is merel# a formal one, and not /urisdictional. *t should therefore simpl# direct the part# concerned to have it verified. PRO2I3ITED PLEADINGS ? OTIONS UNDER T2E RULE ON SU AR" PROCEDURE. 1. =otion to dismiss the complaint or to >uash the complaint or information e"cept on the ground of lac of /urisdiction over the sub/ect matter or failure to compl# with prior baranga# conciliation 'referral to the ;upon. %. =otion for a bill of particulars &. =otion for a new trial or for reconsideration of a /udgment or for reopening of trial ?. Detition for relief from /udgment +. =otion for e"tension of time to file pleadings, affidavits, or an# other paper 7. =emoranda 7. Detition for certiorari, mandamus, or prohibition against an# interlocutor# order issued b# the court 8. =otion to declare defendant in default
*f plaintiff fails to appear in prelim conference, complaint ma# be dismissed. :efendant entitled to decision based on his counterclaim. (ll crossclaims dismissed.
*f sole defendant fails to appear, plaintiff entitled to /udgment based on complaint and what is proved therein
<Jin 1I da#s from receipt of order, submission b# the parties of affidavits and position papers
6endition of /udgment CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea E PS: Mar!essa N"ylan, C#arissi$ae wJin &I da#s from %en!"ra, Jocelyn &a'ala SU(JECT HEA S: Jona O'ia )Ci*il Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+ receipt of last Jeenice +e Sa0"n )Cri$inal Proce+"re,- Elaine Mas"ka! )E*i+ence, S/ecial Procee+in0s,affidavit, or wJin 1+ da#s after last
clarificator# paper
1he filing of a prohibited pleading will not suspend the period to file an answer or to appeal. (lthough a motion to dismiss is a prohibited pleading, its filing after the answer had alread# been submitted does not constitute a pleading prohibited b# the summar# rules. <hat the rules proscribe is a motion to dismiss that would stop the running of the period to file an answer and cause undue dela#. <hile a motion to declare the defendant in default is prohibited b# the rules on summar# procedure, the plaintiff ma# nevertheless file a motion to render /udgment as ma# be warranted when the defendant fails to file an answer. 1he issuance of the pre-trial order is an important part of the summar# procedure because it is its receipt b# the parties that begins the ten-da# period to submit the affidavits and other evidence. TRIAL PROCEDURE IN CIVIL CASES Ao trial date is set. Ao testimonial evidence is re>uired nor crosse"amination of witnesses allowed. (ll that is re>uired is that within '1I. da#s from receipt b# the parties of the court9s pre-trial order, the# shall submit '1. the affidavits of their witnesses '%. and other evidence on the factual issues set forth in the pre-trial order, 1ogether with their position papers setting forth the law and the facts relied upon b# them. 4udgments of inferior courts in cases governed b# summar# procedure are appealable to the 61C. 1he decision of the 61C in civil cases under this rule, including e/ectment
Ao complaint, petition, action, or proceeding involving an# matter within the authorit# of the lupon shall be filed or instituted directl# in court or an# other government office for ad/udication UNLESS 1. there has been a confrontation between the parties before the lupon chairman or pang at, AND %. that no conciliation or settlement has been reached OR unless the settlement has been repudiated b# the parties thereto.
CASES NOT CO !R!" 3" T2E FATARUNGANG PA 3ARANGA" LA;* 1. <here one part# is the government or an# subdivision or instrumentalit# thereof$ %. <here one part# is a public officer or emplo#ee, and the dispute relates to the performance of his official functions$ &. 0ffenses punishable b# imprisonment e"ceeding 1 #ear or a fine e"ceeding D+,III.II$ ?. 0ffenses where there is no private offended part#$ +. <here the dispute involves real properties located in different cities or municipalities UNLESS the parties thereto agree to submit their differences to amicable settlement b# an appropriate lupon$ 7. :isputes involving parties who actuall# reside in baranga#s of different cities or municipalities, E$CEPT where such baranga# units ad/oin each other and the parties thereto agree to submit their differences to amicable
T2E PARTIES A" GO DIRECTL" TO COURT IN T2E !OLLO;ING INSTANCES* 1. <here the accused is under detention$ %. <here the person has otherwise been deprived of personal libert# calling for habeas corpus proceeding$ &. <here the actions are coupled with provisional remedies such as preliminar# in/unction, attachment, deliver# of personal propert#, and support pen&ente lite$ and ?. <here the action ma# otherwise be barred b# the statute of limitations. 1he parties ma#, at an# stage of the proceedings, agree in writing to have the matter in dispute decided b# arbitration b# either the Dunong 3aranga# or Dang at. *n such case, arbitrational hearings shall follow order of ad/udicative trials. 1he settlement and arbitration agreement ma# be repudiated on the ground that consent is vitiated b# fraud,
?. :isputes arising at the <06HD;(C5 where the contending parties are emplo#ed or at the *AS1*1U1*0A where such parties are enrolled for stud# @ in the baranga# where such wor place or institution located.
C+! , -. /!,! 0.G!.G P!MB! !.G!1, S22 P!G2 22.
PROCEDURE IN REGIONAL TRIAL COURTS RULE + FINDS O! PLEADINGS Section 1. P-eadings de'ined. PLEADINGS @ the written allegations of the parties of their respective claims and defenses submitted to the court for appropriate /udgment. A &otion to dis&iss is NOT a /-eading. *t is the allegations or averments in the pleading that determines the /urisdiction
PLEADING
OTION
*t relates to the cause (n application for an of action$ interested order not included in in the matters to be the /udgment included in the /udgment. =a# be initiator# Cannot be initiator# as the# are alwa#s made in a case alread# filed in court =a# be filed even after /udgment
Section 3. Co&/-aint. CO PLAINT @ is a concise statement of the ultimate facts constituting the plaintiff9s cause or causes of action, with
a specification of the relief sought, but it ma# add a general pra#er for such further relief as ma# be deemed /ust or e>uitable. ULTI ATE !ACTS - essential facts constituting the plaintiff9s cause of action. ;6at are NOT ,-ti&ate 'acts* 1. 5videntiar# or immaterial facts. %. ;egal conclusions, conclusions or inferences of facts from facts not stated, or incorrect inferences or conclusions from facts stated. &. 1he details of probative matter or particulars of evidence, statements of law, inferences and arguments.
0 @inds o' de'enses t6at &a) (e set 'ort6 in t6e ansAer* a. A!!IR ATIVE DE!ENSES @ allegation of a new matter which while h#potheticall# admitting the material allegations in the pleading, would nevertheless prevent or bar recover# b# him. *t is in the nature of Confession and (voidance (. NEGATIVE DE!ENSES @ specific denial of the material facts or facts alleged in the pleading Ins,''icient denia- or denia- a&o,nting to ad&issions* 1. 2eneral denial %. :enial in the form of a negative pregnant Section +. Co,nterc-ai&
Nat,re o' co,nterc-ai&* ( counterclaim is in the nature of a cross-complaint. (lthough it ma# be alleged in the answer, it is not part of the answer. Upon its filing, the same proceedings are had as in the original complaint. 8iling of complaint 8or this reason, it wJ the Dunong must be
3aranga# 'D3. <Jin the ne"t wor ing da#
Settlement
5"ecution 6epudiation of FATARUNGANG PA 3ARANGA" PROCEDURE wJin 7 months from date thereof arbitration agreement within + da#s from date of agreement
Dang at convenes not later than & da#s from its constitution and summons the parties
Dang at must arrive at a settlement wJin 1+ da#s from the da# it convenes
(ward to be made after the lapse of the period to repudiate and wJin 1I days thereafter
Conciliation 'hearing.
Settlement
5"ecution wJin 7 months from the date of settlement REMEDIAL LAW COMMITTEE
Note* 6epudiation shall onl# be allowed on ground of vitiation of consent b# fraud, violence or intimidation.
8ailure of Conciliation hearings at the Dang at ISSUANCE O! ;evel and of (rbitration CERTI!ICATION !OR CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea E PS: Mar!essa N"ylan, C#arissi$ae !ILINGAlnai.a O! AHasi$an )S/ecial Ci*il hearings %en!"ra, Jocelyn &a'ala SU(JECT HEA S: Jona O'ia )Ci*il Proce+"re,Ac!ions an+shall also lead to the issuance of S/ecial Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,Mas"ka! CO Elaine PLAINT IN )E*i+ence, COURT certification for filing a complaint in court.
GENERAL RULE* ( compulsor# counterclaim not set up in the answer is deemed barred. E$CEPTION* *f it is an after-ac>uired counterclaim, that is, such claim matured after filing of the answer. *n this case, it ma# be pleaded b# filing an amended answer or a supplemental answer or pleading.
DOCTRINE O! ANCILLAR" 4URISDICTION *n an original action before the 61C, the counterclaim ma# be considered compulsor# regardless of the amount 7Sec. B1 R,-e + 8. *f a counterclaim is filed in the =1C in e"cess of its /urisdictional amount, the e"cess is considered waived (!5ustin vs. Ba#alan8. *n Ca#o $s% A&a' (nt)-, the remed# where a counterclaim is be#ond the /urisdiction of the =1C is to set off the claims and file a separate action to collect the balance. CO PULSOR" COUNTERCLAI PER ISSIVE COUNTERCLAI
Section C. Cross>c-ai& CROSS>CLAI E an# claim b# one part# against a co-part# arising out of the transaction or occurrence that is the sub/ect matter either of the original action or counterclaim. *f it is not set up in the action, it is barred, e.ce/t* 1. when it is outside the /urisdiction of the court or$ %. if the court cannot ac>uire /urisdiction over third parties whose presence is necessar# for the ad/udication of said cross-claim. *n which case, the considered permissive. cross-claim is
CO PLAINT IN INTERVENTION
Same
(gainst a co- (gainst an (gainst a part# opposing part# person not a part# to the action =ust arise out =a# arise out of =ust be in of the or be necessaril# respect of transaction connected with the that is the the transaction opponent9s sub/ect matter or that is the claim of the orig. sub/ect matter 'Dlaintiff. action or of a of the opposing counterclaim part#9s claim, in therein. which case, it is called a compulsor# counterclaim, or it ma# not, in which case it is called a permissive counterclaim.
*nitiative is with the *nitiative is with a person alread# a part# non-part# who see s to the action. to /oin the action.
Section 1D. Re/-). REPL" - the response of the plaintiff to the defendant9s answer. E!!ECT O! !AILURE TO REPL"! new facts that were alleged in the answer are deemed controverted. Eence, the filing of the repl# is optional e"cept for the denial of the genuineness and due e"ecution of an actionable document used as defense in the answer. Section 11. T6ird 7'o,rt61 etc.8 E /art) co&/-aint. T2IRD 7!OURT21ETC.8 E PART" CO PLAINT E a claim that a defending part# ma#, with leave of court, file against a person not a part# to the action for contribution, indemnit#, subrogation or an# other relief, in respect of his opponent9s claim.
TESTS to deter&ine A6et6er t6e t6ird> /art) co&/-aint is in res/ect o' /-ainti''Gs c-ai&* 1. <here it arises out of the same transaction on which the plaintiff9s claim is based, or, although arising out of another or different transaction, is connected with the plaintiff9s claim$ %. <hether the third-part# defendant would be liable to the plaintiff or to the defendant for all or part of the plaintiff9s claim against the original defendant$ and &. <hether the third-part# defendant ma# assert an# defenses which the third-part# plaintiff has or ma# have to the plaintiff9s claim. ;eave of court to file a third-part# complaint ma# be obtained b# motion under 6ule 1+. Summons to new part# 'third, fourth, etc.. is needed for the court to obtain /urisdiction over his person, since he is not an original part#. <here the trial court has /urisdiction over the main case, it also has /urisdiction over the third part# complaint, regardless of the amount involved as a third part# complaint is merel# au"iliar# to and is a continuation of the main action ( epu6li# v. Central Suret( & 4nsuran#e Co. 782*$)2, -#t. 26, 196$". Section 10. 3ringing neA /arties.
Certificate of non-forum shopping is not re>uired in a compulsor# counterclaim (0S, +osp. vs. Surla". E!!ECT O! !AILURE TO CO PL"! 1. Aot curable b# amendment of said pleading %. shall be cause for the dismissal of the case, without pre/udice, unless otherwise provided, upon motion and after hearing E!!ECT O! SU3 ISSION O! !ALSE CERTI!ICATION OR NON>CO PLIANCE ;IT2 T2E UNDERTAFINGS T2EREIN* 1. indirect contempt %. administrative and criminal actions E!!ECT O! ;IL!ULL AND DELI3ERATE !ORU S2OPPING* 1. shall be ground for summar# dismissal of the case with pre/udice$ %. direct contempt. ANNER O! RULE C AFING ALLEGATIONS IN A PLEADING
Dleadings should state ,-ti&ate 'acts essential to the right of action. Section %. Certi'ication against 'or,& s6o//ing. !ORU S2OPPING @ the filing of a two or more cases based on the same cause of action in different courts for the purpose of obtaining a favorable decision in either. Test to deter&ine t6e /resence o' 'or,&>s6o//ing* whether in the two 'or more. cases pending, there is identit# of 7a8 parties, 7(8 rights or causes of action, and 7c8 reliefs sought. ULTI ATE !ACTS* those which directl# form the bases of the right sought to be enforced or the defense relied upon. *f the ultimate facts are A01 alleged, the cause of action would be insufficient. Section 5. Ca/acit). Capacit# to sue and be sued either personall# or in representative capacit# must be specificall# averred b# the part# suing or being sued, and specificall# denied b# the part# >uestioning such capacit#.
TAo /er&issi(-e Aa)s o' /-eading an actiona(-e doc,&ent* 1. 3# setting forth the substance of such document in the pleading and attaching said document thereto as an anne" 'contents of the document anne"ed are controlling, in case of variance in the substance of the document set forth in the pleading and in the document attached.$ or %. 3# setting forth said document verbatim in the pleading.
issued b# the court, 6endered b# the court on plaintiff9s motion following a default for failure of the order or after it defendant to file his received, e" parte, responsive pleading plaintiff9s evidence. seasonabl#. *nterlocutor# - not 8inal @ appealable appealable
A0 default ma# be declared in the following actions! 1. (nnulment of marriage %. :eclaration of nullit# of marriage &. ;egal Separation ?. Special civil actions of certiorari, prohibition and mandamus where comment instead of an answer is re>uired to be filed
discover# '6ule %9, Section &, par. c. ?. 8ailure to furnish plaintiff with a cop# of the answer *f the defendant was declared in default upon an original complaint, the filing of the amended complaint resulted in the withdrawal of the original complaint, hence, the defendant was entitled to file answer to the amended complaint as to which he was not in default. E!!ECT O! ORDER O! DE!AULT* 1. <hile the part# in default cannot ta e part in the trial, he is nonetheless entitled to notice of subse>uent proceedings. %. Ee ma# still be called on as a witness, in behalf of the nondefaulting defendants.
DE!AULT
:efendant answers otion granted* Court issues order of default and renders /udgment, or re>uire plaintiff to submit evidence e" parte.
compliance therewith '6ule 1%, Section ?. &. 6efusal to compl# with the modes of
Court maintains 3efore /udgment b# default is rendered, defendant ma#! move to set aside order of default upon showing! 8(=5 Ee has a meritorious defense (vail of 6ule 7+ in proper cases order of default
Court sets aside order of default and defendant is allowed to file an answer
PARTIAL DE!AULT* 1. 1he pleading asserting a claim states a common cause of action against several defending parties
*f plaintiff *f plaintiff CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS : Allen Farias, Maricris Oronea E PS: Mar!essa N"ylan, C#arissi$ae proves his HEA S: Jona fails to )Ci*il prove %en!"ra, Jocelyn &a'ala SU(JECT O'ia Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+ allegations, his allega- Elaine Mas"ka! )E*i+ence, S/ecial Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,Case set for pre-trial /udgment b# default. tions, case is dismissed.
A ENDED AND SUPPLE ENTAL PLEADINGS A END ENTS Section 1. A&end&ents in genera-. <hen the complaint is amended, % situations ma# arise! 1. *f the complaint merel# corrects or modifies the original complaint, then the action is deemed commenced upon the filing of the original complaint$ %. *f the amended complaint alleges a new cause of action, then that cause of action is deemed commenced upon the filing of the amended complaint. Section 0. A&end&ents as a &atter o' rig6t. (mendment for the first time is a matter of right before a responsive pleading is filed, or in case of a 6epl#, within 1I da#s after it was served. Since a motion to dismiss is A01 a responsive pleading, an amendment ma# be had even if an order of dismissal has been issued as long as the amendment is made before order of dismissal becomes final. Section 3. A&end&ents () -eave o' co,rt. Instances A6en a&end&ent () -eave o' co,rt &a) not (e a--oAed* 1. <hen cause of action, defense or theor# of the case is changed$ %. (mendment is intended to confer /urisdiction to the court$ &. (mendment to cure a premature or non-e"isting cause of action$ ?. (mendment for purposes of dela#. Section %. A&end&ent to con'or& to or a,t6oriHe /resentation o' evidence. 1ST PART* refers to amendment to conform to evidence when issues A01 raised b# the pleadings are tried with
=otion for new trial or reconsideration at an# time after service of /udgment b# default and within 1+ '&I. da#s therefrom
Derfect appeal from said /udgment b# default within the balance of said 1+ '&I. - da# period
Detition for relief from /udgment within 7I da#s from notice of the /udgment but within 7 months from entr# thereof
E$TENT O! RELIE! IN A
TO 3E A;ARDED
4UDG ENT 3" DE!AULT* Shall not e"ceed the amount 06 be different in ind from that pra#ed for A06 award unli>uidated damages. RULE 1D
A ENDED PLEADING
6efers to facts 6efers to facts arising e"isting at the time of after the filing of the the commencement original pleading. of the action. 1a e the place of the 1a en together with original pleading. the original pleading. Can be made as a (lwa#s with leave of matter of right as court when no responsive pleading has #et been filed
Section B. !i-ing o' a&ended /-eadings. 1he amended pleading supersedes the original pleading. (n amendment which merel# supplements and amplifies facts originall# alleged in the complaint relates bac to the date of the commencement of the action and is not barred b# the statute of limitations which e"pired after service of the original complaint. E!!ECT O! A ENDED PLEADING* 1. (dmissions in the superseded pleading can still be received in evidence against the pleader$
5"traterritorial service
*nclusion in a motion to dismiss of other grounds aside from lac of /urisdiction over the person of the defendant shall A01 be deemed a voluntar# appearance. RULE 1% OTIONS OTION @ is an application for relief other than b# a pleading. GENERAL RULE* =otions must be in writing. E$CEPTION* 1hose made in open court or in the course of hearing or trial. FINDS O! OTIONS
a. motion !- PART!- made without the presence or a notification to the other part# because the >uestion generall# presented is not debatable. b. motion O. CO/RS! @ where the movant is entitled to the relief or remed# sought as a matter of discretion on the part of the court. c. 0(T(1AT!" motion @ one made with notice to the adverse part# to give an opportunit# to oppose. d. SP!C(A0 motion- motion addressed to the discretion of the court. GENERAL RULE! ( motion cannot pra# for /udgment. E$CEPTIONS* 1. =otion for /udgment on the pleadings %. =otion for summar# /udgment &. =otion for /udgment on demurrer to evidence. Section 5. 2earing on &otion. 3>DA" NOTICE RULE GENERAL RULE* Service of the cop# of motions should be made in such a manner as shall ensure its re#eipt at least & da#s before the hearing. E$CEPTIONS* 1. 5" parte motions
Section 0D. Vo-,ntar) a//earance. (n# form of appearance in court, b# the defendant, b# his agent authoriFed to do so, or b# attorne#, is e>uivalent to service of summons 5LC5D1 where such appearance is precisel# to ob/ect to the /urisdiction of the court over the person of the defendant.
ma# be filed b# an# =a# be filed onl# b# defending part# the defendant against against whom a claim the complaint of the is asserted in the plaintiff. action. should be filed within =a# be filed onl# after the time for but prior the plaintiff has to the filing of the completed the answer of the presentation of his defending part# to the evidence. pleading asserting the claim against him. *f denied, defendant *f denied, defendant answers, or else he ma# present evidence ma# be declared in if granted, plaintiff default appeals and the 0rder *f granted, plaintiff of the dismissal is ma# appeal or if reversed, the subse>uent case is not defendant loses his barred, he ma# re-file right to present the case evidence.
E''ect o' &otion to dis&iss* ( motion to dismiss h#potheticall# admits the truth of the facts alleged in the complaint. Eowever, such admission is limited onl# to all material and relevant facts which are well pleaded in the complaint.
E!!ECTS O! ACTION ON TD
0rder granting motion to dismiss is final order 0rder den#ing the motion to dismiss is interlocutor#
RE ED"
(ppeal from the order of dismissal Certiorari and prohibition if there is grave abuse of discretion amounting to lac or e"cess of /urisdiction under 6ule 7+
Section 5. Ti&e to /-ead. :efendant is granted onl# the balance of the reglementar# period to which he was entitled at the time he filed his motion to dismiss, counted from his receipt of the denial order, but not less than + da#s in an# event.
Section %. E''ect o' dis&issaGENERAL RULE! 1he action or claim ma# be refiled. E$CEPTION* 1he action cannot be refiled if it was dismissed on an# of these grounds! 1. 6es /udicata$ %. Drescription$ &. 5"tinguishment of the claim or demand$ ?. Unenforceabilit# under the Statute of 8rauds. Section +. P-eading gro,nds as a''ir&ative de'enses. *f no motion to dismiss had been filed, an# of the grounds for dismissal provided for in 6ule 17, *AC;U:*A2 *=D60D56 )5AU5, ma# be pleaded as affirmative defenses and preliminaril# heard in the discretion of the court. :ismissal under this section @ <*1E0U1 pre/udice to the prosecution in the same or separate action of a C0UA156C;(*= pleaded in the answer RULE 1B DIS ISSAL O! ACTIONS Section 1. Dis&issa- ,/on notice () /-ainti''. :ismissal is effected not b# motion but b# mere A01*C5 of dismissal which is a matter of right 358065 the defendant has answered or moved for a summar# /udgment. 3ut notice of dismissal re>uires an order of the court confirming the dismissal. Such dismissal is ;IT2OUT PRE4UDICE1 E$CEPT!
RULE 1C PRE>TRIAL PRE>TRIAL- a mandator# conference and personal confrontation before the /udge between the parties and their respective counsel. 1he plaintiff must promptl# move e" parte that the case be set for pre-trial , and this he must do upon the service and filing of the last pleading. 1he pre-trial and trial on the merits of the case must be held on separate dates. ;6en non>a//earance o' a /art) &a) (e e.c,sed 7Sec.58* 1. *f a valid cause is shown therefore %. *f a representative shall appear in his behalf full# authoriFed in writing to! a. 5nter into an amicable settlement b. Submit to alternative modes of dispute resolution c. 5nter into stipulations or admissions of facts and of documents ( special authorit# for an attorne# to compromise is re>uired under Sec. 031 R,-e 13C. Under Art. 1CBC 7c8 o' t6e Civi- Code, a special power of attorne# is re>uired.
SECTION 0
:ismissal is at the instance of the plaintiff$
SECTION 3
:ismissal is not procured b# plaintiff though /ustified b# causes imputable to him$
:ismissal is a matter :ismissal is a matter of procedure, without of evidence, an pre/udice unless ad/udication on the otherwise stated in merits$ the order of the court or on plaintiff9s motion to dismiss his own complaint$
E!!ECT O! NON>APPEARANCE O! PLAINTI!!! Cause for dismissal of the action, with pre/udice, unless otherwise ordered b# the court. E!!ECT O! NON>APPEARANCE Settlement O! DE!ENDANT* Cause to allow the plaintiff to present evidence e" parte (greements and the court to render made b# parties$ /udgment on the basis (mendments to thereof. Pre>tria- (rie'. *t is the mandator# dut# of the parties to seasonabl# file their pre-trial briefs under the conditions and with the sanctions provided therein.
Ao
PRE>TRIAL
(micable Settlement
8ailure to (ppear
*f plaintiff is (bsent, when so re>uired to attend, the court ma# dismiss the case
8ailure to file pre-trial brief has the same effect as failure to appear at the pre-trial.
TRIAL *f evidence is insufficient to prove plaintiff9s cause of action or defendant9s counterclaim, court rules in favor of either one or dismisses the case
Record o' /re>tria-. 1he contents of the D65-16*(; order shall control the subse>uent course of the action, UA;5SS modified before trial to prevent manifest in/ustice. ( part# is deemed to have waived the delimitations in a pre-trial order if he failed to ob/ect to the introduction of evidence on an issue outside of the pretrial order, as well as in cross-e"amining the witness in regard to said evidence.
%. <hether or not the intervenor9s rights ma# be full# protected in a separate proceeding. 1he interest which entitles a person to intervene in a suit must be on the matter in litigation and of such direct and immediate character that the intervenor will either gain or lose b# the direct legal operation and effect of the /udgment.
RULE 1= INTERVENTION ;2O &a) interveneI 1. 0ne who has legal interest in the matter in litigation %. 0ne who has legal interest in the success of either of the parties, &. 0ne who has an interest against both parties ?. 0ne who is so situated as to be adversel# affected b# a distribution or other disposition of propert# in the custod# of the court or of an officer thereof. !ACTORS TO 3E CONSIDERED 3" T2E COURT 1. <hether or not the intervention will undul# dela# or pre/udice the ad/udication of the rights of the original parties$
INTERVENTION
(n ancillar# action. Droper in an# of the four situations mentioned in this 6ule.
INTERPLEADER
(n original action. Dresupposes that the plaintiff has no interest in the sub/ect matter of the action or has an interest therein, which in whole or in part, is not disputed b# the other parties to the action.
:efendants are :efendants are being alread# original sued precisel# to parties to the pending implead them suit
Section 0. Ti&e to intervene. (t an# time before rendition /udgment b# the trial court.
of
4USTI!ICATION* 3efore /udgment is rendered, the court, for good cause shown, ma# still allow the introduction of additional evidence and that is still within the liberal interpretation of the period for trial. Since no /udgment has #et been rendered, the matter sub/ect of the intervention ma# still be readil# resolved
SU3POENA
SU
ONS
an order to appear and 0rder to answer testif# or to produce complaint boo s and documents ma# be served to a Served on the non-part# defendant needs tender of does not need tender ilometrage, of ilometrage and attendance fee and other fees reasonable cost of production fee
SU3POENA AD TESTI!ICANDU @ a process directed to a person re>uiring him to attend and to testif# at the hearing or the trial of an action, or at an# investigation conducted b# competent authorit#, or for the ta ing of his deposition. SU3POENA DUCES TECU @ a process directed to a person re>uiring him to bring with him boo s, documents, or other things under his control. Section 0. 3) A6o& iss,ed ;2O &a) iss,e 1. Court before whom the witness is re>uired to attend %. Court of the place where the deposition is to be ta en &. 0fficer or bod# authoriFed b# law to do so in connection with investigations conducted b# said officer or bod# ?. (n# 4ustice of the SC or of the C( in an# case or investigation pending within the Dhilippines.
b. Dermission of the court in which the detention prisoner9s case is pending was not obtained. RULES O! DISCOVER" DISCOVER" - is the procedure b# which one part# in an action is enabled to obtain before trial nowledge of relevant facts and of material evidence in the possession of the adverse part# or of a witness. Rationa-e o' discover)* to enable the parties to obtain the fullest possible nowledge of the issues and evidence long before the trial to prevent such trial from being carried on in the dar . odes o' discover) ,nder t6e R,-es o' Co,rt 1. :epositions pending action '6ule %&.. %. :epositions before action or pending appeal '6ule %?.. &. *nterrogatories to parties '6ule %+.. ?. (dmission b# adverse part# '6ule %7.. +. Droduction or inspection of documents, or things '6ule %7.. 7. Dh#sical and mental e"amination of persons '6ule %8.. Discover) (e'ore ansAer. *t is onl# in the e"ceptional or unusual case that the need for discover# arises, or that it should be allowed before service of answer. =odes of :iscover# are intended to be CU=U;(1*)5, and not alternative nor mutuall# e"clusive. :iscover# is A01 =(A:(106K but failure to avail carries sanctions in R,-es 0% and 0+.
DEPONENT
(n# person
USE
3# an# part# for contradicting or impeaching the testimon# of deponent as witness
( part# or an# one 3# an adverse part# for who at the time of an# purpose the deposition was an 088*C56, :*65C106, or =(A(2*A2 (25A1 of a public or private corp., partnership, or association which is a part# <itness, whether or not a part# 3# an# part# for an# purpose if the court finds the + instances occurring
SCOPE O! IN#UIR" IN DEPOSITIONS* 1. =atter which is relevant to the sub/ect of the pending action$ %. Aot privileged &. Aot restricted b# a protective order Certiorari will not lie against an order admitting or re/ecting a deposition in evidence, the remed# being an appeal from the final /udgment. Section B. E''ect o' ta@ing de/ositions. ( part# shall not be deemed to ma e a person his own witness for an# purpose b# ta ing his deposition because depositions are ta en for discover# and not for use as evidence. E.ce/tion* *f a part# offers the deposition in evidence, then he is deemed to have made the deponent his witness 7Sec.C8 E.ce/tion to t6e E.ce/tion* Unless the deposition is that of an# adverse part#, and unless, of course, the deposition is used for impeaching or contradicting the deponent 7Sec.C8.
CO
ISSION
LETTERS ROGATOR"
*ssued to a non*ssued to the /udicial foreign officer appropriate /udicial who will directl# ta e officer of the foreign the testimon# countr# who will direct somebod# in said foreign countr# to ta e down testimon# (pplicable rules of (pplicable rules of procedure are those of procedure are those of the re>uesting court the foreign court re>uested to act 6esorted to if 6esorted to if the permission of the e"ecution of the foreign countr# is commission is refused in given the foreign countr# ;eave of court is not ;eave of court is necessar# necessar#
Section 1C. otion to ter&inate or -i&it e.a&ination. A" 3E !ILED* 1. an# time during the ta ing of the deposition %. on motion or petition of an# part# or of the deponent$ or &. upon showing that the e"amination is conducted in ! a. bad faith
Interrogatories
( part# ma# properl# ( part# ma# properl# see disclosure of see disclosure onl# of matters of proof matters which define which ma# later be the issues and become made a part of the a part of the records as evidence. pleadings.
( part# ma# serve written interrogatories! 1. <*1E0U1 ;5()5 08 C0U61 @ after answer has been served, for the first set of interrogatories. %. <*1E ;5()5 08 C0U61 @ before answer has been served '65(S0A! at that time, the issues are not #et /oined and the disputed facts are not #et clear, when more than one set of interrogatories is to be served.. ( /udgment b# default ma# be rendered against a part# who fails to answer written interrogatories 0nl# one set of interrogatories b# the same part# is allowed. ;eave of court is necessar# for succeeding sets of interrogatories. Section +. E''ect o' 'ai-,re to serve Aritten interrogatories. 6ule %+ and 6ule %7 are directed to the part# who fails and refuses to 65S061 to the discover# procedures, and should not be confused with the provisions of 6ule %9 which provides for sanctions or other conse>uences upon a part# who refuses or fails to C0=D;K with discover# procedures dul# availed of b# opponent.
RULE 0% INTERROGATORIES TO PARTIES DU6D0S5 of <ritten *nterrogatories! to elicit facts from an# adverse part# 'answers ma# also be used as admissions of the adverse part#.
1he /ustification for this provision is that the part# in need of relevant facts having foregone the opportunit# to in>uire into the same from the other part# through means available to him, he should not thereafter be permitted to
;6at re9,est &a) inc-,de 1. (dmission of the genuineness of an# material and relevant document described in and e"hibited with the re>uest. %. (dmission of the truth of an# material and relevant matter of fact set forth in the re>uest. &. Under this rule, a matter of fact not related to an# documents ma# be presented to the other part# for admission or denial. Section 0. I&/-ied Ad&ission. 1he effect of a 8(*;U65 to ma e a repl# to a re>uest for admission is that each of the matters of which an admission is re>uested is deemed admitted. ( sworn statement either den#ing specificall# each matter or setting forth in detail the reasons wh# he cannot truthfull# admit or den# those matters must be filed and served upon the part# re>uesting the admission. Section 3. E''ect o' ad&ission. US5! (n admission under this section is for the purpose of the pending action onl# and cannot be used in other proceedings. 1he part# who fails or refuses to re>uest the admission of facts in >uestion is prevented from thereafter presenting evidence thereon UA;5SS otherwise allowed b# the court 7Sec.%8. RULE 0B PRODUCTION OR INSPECTION O! DOCU ENTS OR T2INGS Droduction of documents affords more opportunit# for discover# than a subpoena duces tecum because in the latter, the documents are brought to the court for the first time on the date of the scheduled trial wherein such documents are re>uired to be produced. 1he TEST to be applied in determining the relevanc# of the document and the sufficienc# of their description is one of reasonableness and practicalit#.
(s to Drocedure (s to Drocedure <ith intervention of no intervention. the officer authoriFed <ritten b# the Court to ta e interrogatories are deposition directed to the part# himself (s to Scope :irect, cross, redirect, re-cross *nterrogatories no fi"ed time (s to Scope onl# one set of interrogatories *nterrogatories 1+ da#s to answer unless e"tended or reduced b# the court
RULE 0+ AD ISSION 3" ADVERSE PART" Section 1. Re9,est 'or ad&ission. DU6D0S5 08 written re>uest for admission is to e"pedite trial and relieve the parties of the costs of proving facts which will not be disputed on trial and the truth of which can be ascertained b# reasonable in>uir#. <hen re>uest ma# be made! at an# time after the issues have been /oined.
5ssentiall# a mode of means of compelling discover# production of evidence 1he 6ules is limited to ma# be directed to a the parties to the person whether a action part# or not 1he order under this ma# be issued upon an 6ule is issued onl# e" parte application. upon motion with notice to the adverse part#
RULE 0C P2"SICAL AND ENTAL E$A INATION O! PERSONS 1he &enta- condition of a part# is in controvers# in proceedings for 2U(6:*(ASE*D over an imbecile or insane person, while the /6)sicacondition of the part# is generall# involved in DEKS*C(; *A4U6*5S cases. Since the results of the e"amination are intended to be made public, the same are not covered b# the ph#sician-patient privilege. Section 5. ;aiver o' /rivi-ege. <here the part# e"amined re>uests and obtains a report on the results of the e"amination the conse>uences are! 1. he has to furnish the other part# a cop# of the report of an# previous or subse>uent e"amination of the same ph#sical and mental condition, (A: %. he waives an# privilege he ma# have in that action or an# other involving the same controvers# regarding the testimon# of an# other person who has so e"amined him or ma# thereafter e"amine him. RULE 0=
SANCTIONS 1. Contempt$ %. Da#ment of reasonable fees$ &. 1he matters regarding which the >uestions were as ed, character or description of land et al., be ta en to be in accordance with the claim of part# obtaining the order$ ?. Drohibition on the refusing part# to produce evidence or support or oppose designated claims or defenses$ +. Stri ing out pleadings, order the dismissal of the action or sta# the action until compliance or to render /udgment b# default. 7. 0rder the arrest of the refusing part# e"cept in cases of ph#sical or mental e"amination. RULE 3D TRIAL TRIAL @ /udicial process of investigating and determining the legal controversies starting with the production of evidence b# the plaintiff and ending with his closing arguments. GENERAL RULE* when an issue e"ists, trial is necessar#. :ecision should not be made without trial. E$CEPTIONS* when there ma# be /udgment without trial! 1. 4udgment on the Dleading '6ule &?. %. Summar# 4udgment '6ule &+. &. 4udgment on Compromise ?. 4udgment b# Confession +. :ismissal with Dre/udice '6ule 17. Section 3. Re9,isites o' &otion to /ost/one tria- 'or a(sence o' evidence. 1here must be an affidavit showing! 1. materialit# or relevance of such evidence$ and %. due diligence in procuring it.
:efendant presents evidence to support his defenseJcountercla imJcrossclaimJ third part# complaint
DECISION
Unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pretrial order. Section +. Agreed state&ents o' 'acts.
DE URRER TO EVIDENCE
*t is presented after the plaintiff has rested his case
presented before a responsive pleading 'answer. is made b# the defendant 1he ground is based it ma# be based on an# on insufficienc# of of those enumerated evidence in 6ule 17
=ovant shall have the =ovant is deemed to right to present his have waived his right evidence to present evidence. 1he decision of the appellate court will be based onl# on the evidence of the plaintiff as the defendant loses his
denial is *A156;0CU106K. Sec. 1 , 6ule &7 'that /udgment should state clearl# and distinctl# the facts and the law on which it is based., will not appl#. 1he denial is A01 appealable.
4UDG ENT ON DE URRER TO EVIDENCE is a /udgment rendered b# the court dismissing a case upon motion of the defendant, made after plaintiff has rested his case, on the 260UA: that upon the facts presented b# the plaintiff and the law on the matter, plaintiff has not shown an# right to relief. RULE 35 4UDG ENT ON T2E PLEADINGS ( /udgment on the pleadings must be on motion of the claimant. 'A0 SUDD061*A2 D(D56S (65 65MU*65: 35C(US5 5)561E*A2 *S 3(S5: 0A 1E5 D;5(:*A2S.. E0<5)56, if at the pre-trial the court finds that a /udgment on the pleadings is proper, it ma# render such /udgment motu proprio. GROUNDS* 1. (nswer fails to tender an issue because of! a. general denial of the material allegations of the complaint$ b. insufficient denial of the material allegations of the complaint $ or %. (nswer admits material allegations of the adverse part#9s pleading 3# moving for /udgment on the pleading, plaintiff waives his claim for unli>uidated damages. Claim for such damages must be alleged and proved.
C*)*; C(S5S
C6*=*A(; C(S5S
:efendant need not as leave of court is for leave of court$ necessar# so that the accused could present his evidence if the demurrer is denied if the court finds if the court finds the plaintiff9s evidence prosecution9s insufficient, it will evidence insufficient, grant the demurrer b# it will grant the dismissing the demurrer b# complaint. 1he rendering /udgment /udgment of dismissal is ac>uitting the appealable b# the accused. 4udgment of plaintiff. *f plaintiff ac>uittal is not appeals and /udgment appeallable$ double is reversed b# the /eopard# sets-in appellate court, it will decide the case on the basis of the plaintiff9s evidence with the conse>uence that the defendant alread# loses his right to present evidence no res /udicata in dismissal due to demurrer if court denies if court denies the demurrer, defendant demurrer! will present his *f demurrer was with evidence leave, accused ma# present his evidence *f the demurrer was without leave, accused can no longer present his evidence and submits the case for decision based on the prosecution9s evidence
NO 4UDG ENT ON T2E PLEADINGS IN ACTIONS !OR 1. :eclaration of nullit# of marriage %. (nnulment of marriage &. ;egal Separation
otion to Dis&iss
PLEADINGS
7R,-e =8
SU
SU AR" 4UDG ENT 0ne granted b# the court for the prompt disposition of civil actions wherein it clearl# appears that there e"ists A0 genuine issue or controvers# as to an# material fact. ;6o can !i-e 1. Dlaintiff! he must wait for the answer to be filed and served, and thus for the issue to be /oined, before he can move for summar# /udgment. %. :efendant! he can move for summar# /udgment at an#time, that is, an#time after filing and service of the complaint even before he answers 1he motion for summar# /udgment must be supported b# 718 affidavit, 708 depositions of the adverse part# or a third part#, or 738 admissions of the adverse part#, all intended to show that! a. there is no genuine issue as to an# material fact, e"cept damages which must alwa#s be proved, and b. the movant is entitled to a /udgment as a matter of law. 1he summar# /udgment ma# be a /udgment on the merits, in which case, an appeal ma# be ta en therefrom.
3ased on the based solel# on based on the pleadings, the pleadings. complaint and depositions, evidence, if admissions presentation is and affidavits re>uired. (vailable to generall# (vailable to both plaintiff available onl# plaintiff. and defendant to the plaintiff, unless the defendant presents a counterclaim. 1here is 1he answer no issues as no no genuine fails to tender answer is filed issue between an issue or b# the the parties, there is an defending i.e. there ma# admission of part#. be issues but material these are allegations. irrelevant 1I-da# notice &-da# notice &-da# notice re>uired re>uired rule applies. =a# be 0n the merits 0n the merits interlocutor# or on the merits
RULE 3+ 4UDG ENTS1 !INAL ORDERS AND ENTR" T2EREO! 4UDG ENT> final consideration and determination b# a court of the rights of the parties, upon matters submitted to it in an action or proceeding. 1he date of finalit# of the /udgment or final order shall be deemed to be the date of its entr#. RE#UISITES O! A 4UDG ENT* 1. *t should be in writing, personall# and directl# prepared b# the /udge %. =ust state clearl# and distinctl# the facts and the law on which it is based &. *t should contain a dispositive part and should be signed b# the /udge and filed with the cler of court. PRO ULGATION- the process b# which a decision is published, officiall#
0.Co--atera- attac@
;osing Dart#
<ithin 1+J&I da#s from notice of /udgment! =otion for reconsideration$ or motion for new trial
*f no appeal is ta en or did not avail of remedies, /udgment becomes final and e"ecutor#
Section 5. Severa- :,dg&ents. Several /udgment is proper where the liabilit# of each part# is clearl# separable and distinct from his coparties such that the claims against each of them could have been the sub/ect of separate suits, and the /udgment for or against one of them will not necessaril# affect the other. ( several /udgment is A01 proper in actions against solidar# debtors. Section +. Se/arate 4,dg&ents Droper when more than one claim for relief is presented in an action and a determination as to the issues material
4,dg&ent ,/on Co&/ro&ise 4,dg&ent N/NC PRO T/NC 'literall# means Bnow for thenC. rendered to enter or record such /udgment as has been formerl# rendered but has not been entered as thus rendered its onl# function is to record some act of the court which was done at a former time, but which was not then recorded, in order to ma e the record spea the truth, without an# changes in substance or an# material respect. 4,dg&ent ,/on Agree&ent or Co&/ro&ise ( compromise agreement between the parties to a case on which the decision of the court was based has upon the parties the effect and authorit# of res /udicata. *t is immediatel# e"ecutor#. 4,dg&ent () Con'ession 4udgment upon confession is one which is rendered against a part# upon his petition or consent. *t usuall# happens when the defendant appears in court and confesses the right of the plaintiff to /udgment or files a pleading e"pressl# agreeing to the plaintiff9s demand. TAo @inds o' :,dg&ent () con'ession 1. ( /udgment b# COGNOVIT ACTIONE @ here, the defendant after service instead of entering a plea, ac nowledged and confessed that the plaintiff9s cause of action was /ust and rightful. %. ( /udgment () CON!ESSION RELICTA VERI!ICATIONE @ after pleading and before trial, the defendant both confessed the plaintiff9s cause of action and withdrew or abandoned his plea or other allegations, whereupon
4,dg&ent () Con'ession
1he provisions and (n affirmative and terms are settled and voluntar# act of the agreed upon b# the defendant himself. parties to the action, 1he court e"ercises a and which is entered certain amount of in the record b# the supervision over the consent of the court. entr# of /udgment.
C-ari'icator) 4,dg&ent rendered b# the court, upon motion, when a /udgment previousl# rendered is ambiguous and difficult to compl# with. A ENDED OR CLARI!IED 4UDG ENT
*t is an entirel# new decision and supersedes the original /udgment Court ma es a thorough stud# of the original /udgment and renders the amended and clarified /udgment onl# after considering all the factual and legal issues
Second motion for new trial based on grounds not e"isting or available when 1st motion was filed (ppeal from the /udgment or final order and assign as one of the errors the denial of the motion for new trial
( motion suspends or tolls the running of the reglementar# period for appeal e"cept when the same is pro-forma. PRO>!OR A OTION > when it does not compl# with 6ule 1+ and 6ule &7, e.g. it does not point out specificall# the findings or conclusions of the /udgment as are contrar# to law, ma ing e"press reference to the testimonial or documentar# evidence or to the provisions of law alleged to be contrar# to such findings or conclusions, and is merel# intended to dela# the proceedings 06 if there is no affidavit of merit. Section +. E''ect o' granting o' &otion 'or neA tria<hen motion is granted, the original /udgment is thereb# vacated and the action stands for trial de novo, but the recorded evidence ta en upon the former trial so far as the same is material and competent to establish the issues, shall be used at the new trial ta ing the same. 1he order den#ing a motion for new trial is NOT appealable. OTION !OR NE; OTION !OR TRIAL REOPENING O! T2E TRIAL
Aot mentioned in the 6ules but is nevertheless a recogniFed procedural recourse or device deriving validit# and acceptance from long established usage A015! *t is actuall# mentioned in the 6ules of Criminal Drocedure Droper onl# after =a# properl# be promulgation of presented onl# after /udgment either or both the parties have formall# offered and closed their evidence before /udgment 3ased upon specific Controlled b# no other grounds set forth rule than the under 6ule &7 in civil paramount interests of cases and 6ule 1%1 in /ustice, resting entirel# Specificall# mentioned in the 6ules
OTION !OR
RE#UISITES 'or NE;L">DISCOVERED EVIDENCE 1. =ust have been discovered after trial %. Could not have been discovered and produced at the trial &. *f presented, would alter the result of the action ?. 0therwise it is called 80620115A 5)*:5AC5.
RULE 3B
(vailable 358065 /udgment becomes final and e"ecutor# (pplies to 4U:2=5A1S or 8*A(; 06:56S onl#
RULE 3C
(vailable (8156 /udgment has become final and e"ecutor# (pplies to /udgments, final orders and other proceeding! 1.;and 6egistration %.Special Droceedings &. 0rder of 5"ecution
OTION !OR RECONSIDERATION P,r/ose* 1o reconsider or amend /udgment or final order ;2EN to 'i-e* within period for ta ing an appeal ;2ERE to 'i-e* with the trial court which rendered the /udgment or final order sought to be reconsidered RULE 3C RELIE! !RO 4UDG ENTS1 ORDERS1 OR OT2ER PROCEEDINGS RE EDIES AGAINST !INAL AND E$ECUTOR" 4UDG ENTS OR ORDERS 1. Detition for 6elief from 4udgment '6ule &8. %. (nnulment of /udgments or final orders or resolutions '6ule ?7. on the ground of! o 5"trinsic fraud, to be filed within ? #ears from the discover# of the fraud$ o ;ac of /urisdiction, before it is barred b# laches or estoppel &. :irect or collateral attac against a void or voidable /udgment o :*65C1 (11(CH @ when the validit# of the /udgment itself is the main issue of the action, a petition for #ertiorari and action to annul /udgment on the ground of e"trinsic fraud or lac of /urisdiction o C0;;(156(; (11(CH @ if the /udgment can be resisted in an# other action in which it is involved.
260UA:S! i. 8(=5 ii. Aewl# discovered evidence <E5A ()(*;5: 08! <ithin the time to appeal
260UA:S! 8(=5 <E5A ()(*;5: 08! within 7I da#s from nowledge of the /udgment (A: within 7 months from entr# of /udgment *f denied, the order den#ing a petition for relief is A01 appealable$ the remed# is appropriate civil action under 6ule 7+ 5>uitable remed# Detition must be verified
*f denied, the order of denial is A01 appealable, hence remed# is appeal from the /udgment ;egal remed# =otion need not be verified
T;O 2EARINGS UNDER RULE 3C 1. Eearing to determine whether the /udgment should be set aside %. *f #es, a hearing on the merits of the case. 1he period fi"ed b# 6ule &8 is none"tendible and is never interrupted. RULE 3= E$ECUTION1 SATIS!ACTION AND E!!ECT O! 4UDG ENTS E$ECUTION @ remed# provided b# law for the enforcement of a final /udgment. AGAINST ;2O ISSUED* e"ecution can onl# issue against a part# and not against one who has not had his da# in court.
TEST TO DETER INE ;2ET2ER A 4UDG ENT OR ORDER IS !INAL OR INTERLOCUTOR"* 1he test is whether the /udgment or order leaves nothing more for the court to do with respect to the merits of the case. SPECIAL 4UDG ENT @ one that re>uires the performance of an act 01E56 1E(A! 1. 1he pa#ment of mone#$ and %. 1he sale of real or personal propert# Section 1. E.ec,tion U/on 4,dg&ents and !ina- Orders. E$ECUTION (SS/!S AS A ATTER O! RIG2T* 1. on motion %. upon a /udgment or order that disposes of the action or proceeding (A: &. upon e"piration of the period to appeal therefrom and A0 appeal has been dul# perfected. GENERAL RULE* court cannot refuse e"ecution UNLESS* 1. 5"ecution is UA4US1 06 *=D0SS*3;5 %. 5>uitable grounds li e a CE(A25 *A S*1U(1*0A of the parties which ma es e"ecution ine>uitable &. 4udgment A0)(15: b# parties ?. 5"ecution is en/oined +. 4udgment has become :06=(A1 MU(SE(; 08 <6*1 D60D56 <E5A! 1. *mprovidentl# issued %. :efective in substance &. *ssued against the wrong part# ?. 4udgment alread# satisfied +. *ssued without authorit# Section 0. Discretionar) E.ec,tion
5"ecution is a matter of right after e"piration of period to appeal and no appeal is perfected
:iscretionar# e"ecution upon good reasons stated in a special order after due hearing
DISCRETIONAR" E$ECUTION
;osing part# is made to indemnif# thru! pa#ment with interest$ lev# and sale of personal propert#$ lev# and sale of real propert#$ deliver# of personal and real propert# REMEDIAL LAW COMMITTEE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea E PS: Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEA S: Jona O'ia )Ci*il Proce+"re,- Alnai.a Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s,- Jeenice +e Sa0"n )Cri$inal Proce+"re,- Elaine Mas"ka! )E*i+ence,
GENERAL RULE! an order of e"ecution is A01 appealable otherwise there would be no end to the litigation between the parties. E$CEPTIONS* 1. <hen the terms of the /udgment are not ver# clear$ %. <hen the order of e"ecution varies with the tenor of the /udgment. Section 5. 4,dg&ents NOT Sta)ed 3) A//ea1. *A4UAC1*0A %. 65C5*)56SE*D &. (CC0UA1*A2 ?. SUDD061 +. Such other /udgments declared to be immediatel# e"ecutor# unless otherwise ordered b# the trial court. Section +. E.ec,tion 3) Inde/endent Action. otion Or
GROUNDS !OR E$ECUTION PENDING APPEAL* 1. *nsolvenc# of the /udgment debtor. %. <astage of asset b# /udgment debtor. Section 3. Sta) o' Discretionar) E.ec,tion. 1he part# against whom an e"ecution is directed ma# file a supersedeas bond to sta# discretionar# e"ecution. SUPERSEDEAS 3OND- one filed b# a petitioner and approved b# the court before the /udgment becomes final and e"ecutor# and conditioned upon the performance of the /udgment appealed from in case it be affirmed wholl# or in part. Supersedeas bond guarantees satisfaction of the /udgment in case of affirmance on appeal, not other things li e damage to propert# pending the appeal 1he court ma#, in its discretion, order an e"ecution before the e"piration of the time within which to appeal provided! 1. 1here is a motion for e"ecution filed b# the winning part# %. 1here is notice of said motion to the adverse part#$ and &. 1here are good reasons stated in a special order after due hearing.
=0:5 08 5A806C5=5A1 1. 3# motion within + #ears from date of its entr# %. 3# independent action after + #ears from entr# (A: before it is barred b# statute of limitations 4udgment for support does not become dormant, thus it can alwa#s be e"ecuted b# motion. +-#ear period ma# be e"tended b# the conduct of /udgment debtor. ( revived /udgment is a new /udgment thus another +J1I-#ear period to e"ecute and revive is given the part#. Section B. E.ec,tion In Case O' Deat6 O' Part). *f the obligor dies (8156 entr# but 358065 ;5)K on his propert#, e"ecution will be issued for recover# of real or personal propert# or enforcement of a lien thereon. 3ut for a sum of mone#, /udgment cannot be enforced b# writ but as a claim against his estateJprobate proceedings.
ATTAC2 ENT
6efers to corporeal propert# in the possession of the /udgment debtor.
GARNIS2 ENT
refers to mone#, stoc s, credits and other incorporeal propert# which belong to /udgment debtor but is in the possession or under the control of a third person
Section 1+. Proceedings ;6ere Pro/ert) C-ai&ed 3) T6ird Person. RE EDIES o' T2IRD PART" CLAI ANT 1. Summar# hearing before the court which authoriFed the e"ecution$ %. T!RC!R(A or third part# claim filed with the sheriff$ &. (ction for damages on the bond posted b# /udgment creditors$ or ?. *ndependent reinvidicator# action. 1he remedies are cumulative and ma# be resorted to b# third part# claimant independentl# of or separatel# from the others. *f winning part# files a bond, it is onl# then that the sheriff can ta e the propert# in his possession. *8 A0 30A:, cannot proceed with the sale. SALE ON E$ECUTION Aotice of sale is re>uired before levied propert# can be sold at public auction 'Sec. 1+.. 6emed# against an irregular sale is =01*0A 10 )(C(15 06 S51 (S*:5 1E5
3K 1E5 4U:2=5A1 03;*206! <ithin one '1. #ear from the date of registration of the certificate of sale. 3K 1E5 65:5=D1*0A56! 1. <ithin one #ear from the date of registration of the certificate of sale$ or %. <ithin si"t# da#s from the last redemption b# another redemptioner (, t*e &3d+ment ob#i+o5 5edeems, no ,35t*e5 5edem4tion is a##o6ed 7Sec% 298% 1he period of redemption is A01 suspended b# an action to annul the foreclosure sale. CAN REDE PTION 3E PAID IN OT2ER !OR S T2AN CAS2I
1he court ma# appoint a receiver for the propert# of the /udgment debtor not e"empt from e"ecution or forbid a transfer or disposition or interference with such propert# 7Section 518 *f the court finds that the /udgment debtor has an ascertainable interest in real propert# either as mortgagor, mortgagee, or otherwise, and his interest can be ascertained without controvers#, the court ma# order the sale of such interest. 7Section 508 *f the person alleged to have the propert# of the /udgment debtor or be indebted to him, claims an adverse interest in the propert#, or denies the debt, the court ma# authoriFe the /udgment-creditor to institute an action to recover the propert#, forbid its transfer and ma# punish disobedience for contempt 7Section 538
7.
7.
%.
Section 5+. ;6en Princi/a- 3o,nd 3) 4,dg&ent Against S,ret). 1he principal is bound b# the same /udgment from the time he has notice of the action or proceeding and has been given an opportunit# at the suret#9s re>uest, to /oin the defense. Section 5B. E''ect O' 4,dg&ent Or !ina- Orders. 6efers to /udgments which are considered as conclusive and ma# be rebutted directl# b# means of relief from /udgment or annulment of /udgment or indirectl# b# offering them in evidence under the parole evidence rule. Par 7A8 re'ers to r,-e ON R!S 9/"(CATA in :,dg&ents (N R!2
&.
?.
E!!ECT* CONCLUSIVE AS TO
1itle to the thing <ill or administration Eowever, 0A;K prima facie evidence of the death of the testator or intestate Condition, status or relationship of the person
Par. 7C8 is @noAn as Kconc-,siveness o' :,dg&entL or r,-e o' A/T!R ACT(ON P!N"!NT CONCLUSIVENESS (ppeal decision of =1C b# filing notice of O! 4UDG ENT appeal and pa# appellate court doc et has the effect fee in the same =1C within 1+ da#s from of preclusion receipt of /udgment onl# of issues. parties in both actions ma# be the same but the 1+ da#s from perfection of appeal, causes of action =1C cler transmits record to 61C are different.
Aotice to parties that an appeal is being 3AR 3" !OR ER CONCLUSIVENESS O! ta en from the decision of =1C 4UDG ENT 4UDG ENT
Par 738 is re'erred to as K(ar () 'or&er :,dg&entL or R!S 9/"(CATA in :,dg&ents (N P!RSONA2 RES 4UDICATA > final /udgments on the merits b# a court of competent /urisdiction is conclusive as to the rights of the parties or their privies in all later suits on points determined in the former /udgment. RE#UISITES* 1. ( 8*A(; /udgment or order %. 4U6*S:*C1*0A over the sub/ect matter and the parties b# the court rendering it &. 4udgment UD0A 1E5 =56*1S ?. 3etween the two cases! *:5A1*1K 08 D(61*5S *:5A1*1K 08 SU345C1 =(1156 *:5A1*1K 08 C(US5 08 (C1*0A 1E565 *S *:5A1*1K 08 C(US5 08 (C1*0A when the two actions are based on the same delict or wrong committed b# the defendant even if the remedies are different. Under the doctrine of res /udicata, no matter how erroneous a /udgment ma# be, once it becomes final, it cannot be corrected. 1he onl# grounds are lac of /urisdiction, collusion or fraud.
1here is identit# of 1here is 0A;K identit# of parties, sub/ect D(61*5S (A: SU345C1 <ithin 1+ da#s from notice of appeal! matter and causes =(1156 appellant submits memorandum to of action
1he first /udgment constitutes as an (3S0;U15 3(6 10 matters directl# ad/udged (;; =(1156S and actuall# litigated in directl# ad/udged the first action. Second *f can uncontested, and those that action be prosecuted. (n# part# ma# /udgment is appeal b# filing a might have been entered in the petition for ad/udged. boo of entries review with the
61C
the 61C appellee files his own memorandum 1he first /udgment 1+ da#s from is receipt of appellants conclusive onl# as to memorandum
Section 5C. E''ect O' !oreign 4,dg&ent Or !ina- Orders* T2E E!!ECT O! !OREIGN 4UDG ENTS Drovided that the foreign tribunal had /urisdiction! 1. *A C(S5 08 4U:2=5A1 (2(*AS1 ( SD5C*8*C 1E*A2, the /udgment is C0AC;US*)5 upon the 1*1;5 10 1E5 1E*A2$ %. *A C(S5 08 ( 4U:2=5A1 (2(*AS1 ( D56S0A, the /udgment is D65SU=D1*)5 5)*:5AC5 of a right as between the parties and their successorsin-interest b# a subse>uent title. *n both instances, the /udgment ma# be repelled b# evidence of want of /urisdiction, notice, collusion, fraud or clear mista e of law or fact.
ORDINAR" APPEAL - an appeal b# notice of appeal from a /udgment or final order of a lower court on >uestions of fact and law. APPEAL TO T2E RTC =ode of (ppeal @ Aotice of (ppeal within fifteen '1+. da#s from receipt of decision. (fter an appeal to the 61C has been perfected, the =1C loses its /urisdiction over the case and an# motion for the e"ecution of the /udgment should be filed with the 61C. 1he Summar# 6ules no longer appl# when the cases is on appeal. Section 0. ;6en to A//ea-. 1. <ithin 1+ da#s after notice of /udgment or final order$ %. <here a record on appeal is re>uired, within &I da#s from notice of /udgment or final order b# filing a notice of appeal and a record on appeal$ &. Deriod to appeal shall be interrupted b# a timel# motion for new trial or reconsideration. ?. Ao motion for e"tension of time to file a motion for new trial or reconsideration shall be allowed. Section 3. 2oA to A//ea-. 3) Notice o' A//ea-* 1. 8ile a notice of appeal with the trial court. %. 1he notice of appeal must indicate! a. parties
ORDINAR" APPEAL
=atter of right (ll the records are elevated from the court of origin Aotice of record on appeal is filed with the court of origin
3) Record on a//ea-* 1. for special proceedings such as probate$ and %. in such other cases where multiple appeals are allowed as in partition and in e"propriation. Section 5. Per'ection o' A//ea-< e''ect t6ereo'. A//ea- is dee&ed /er'ected* 1. b# notice of appeal! as to him, upon the filing of the notice of appeal in due time$ %. b# record on appeal! as to him, upon the approval of the record on appeal filed in due time. E''ect o' a /er'ected a//ea-! 1he court loses /urisdiction upon the perfection or approval of appeal and when the period of appeal for other parties e"pire. Resid,a- /oAer of the court prior to the transmittal of the original record or record on appeal! 1. to issue orders for the preservation of the rights of the
%. &. ?.
+.
?.
Section C. A//ea- 'ro& orders dis&issing case Ait6o,t tria-< -ac@ o' :,risdiction I' -oAer co,rt dis&issed case Ait6o,t tria- on t6e &erits* 61C ma#! 1. (ffirm, or %. 6everse, in which case, it shall remand the case for further proceedings. I' dis&issa- is d,e to -ac@ o' :,risdiction over t6e s,(:ect &atter* 61C ma#! 1. (ffirm$ if 61C has /urisdiction, shall tr# the case on the merits as if the case was originall# filed with it, or %. 6everse, in which case, it remand the case for further proceedings. I' t6e case Aas tried on t6e &erits () t6e -oAer co,rt Ait6o,t :,risdiction over t6e s,(:ect &atter* 61C shall not dismiss the case if it has original /urisdiction, but shall decide the case, and shall admit amended pleadings or additional evidence. RULE 51 APPEAL !RO REGIONAL TRIAL COURTS APPEALA3LE CASES
+. 7.
Re&ed) in cases A6ere a//ea- is not a--oAed Special civil action of certiorari or prohibition if there is lac or e"cess of /urisdiction or grave abuse of discretion or mandamus if there is no performance of dut#. INTERLOCUTOR" ORDER @ (n order which does not dispose of the case but leave something else to be done b# the trial court on the merits of the case. ( /udgment based on compromise is not appealable and is immediatel# e"ecutor#. Section 0. odes o' a//ea-.
Petition 'or revieA on certiorari MR,-e 5%N 1he case raises onl# a >uestion of law
Ordinar) Petition 'or a//earevieA 7a//ea- () Arit MR,-e 50N o' error8 Case is decided Case is b# the 61C in decided b# its original the =1C. /urisdiction (ppealed to (ppealed to the the 61C. C( Detition for
+. submit the record for approval with notice on the adverse part# 1he period to appeal is =(A:(106K and 4U6*S:*C1*0A(;. 8ailure to appeal on time ma es the decision final and e"ecutor# and deprives the appellate court of /urisdiction. Eowever in few instances the court has allowed due course to such appeals on strong and compelling reasons of /ustice.
<ithin 1+ da#s <ithin 1+ da#s <ithin 1+ from the notice from notice of da#s from of the /udgment the decision notice of the for notice of to be /udgment or appeal and reviewed or order or within &I da#s from the denial of the for records on denial of a =6 =6 or new appeal. 1he or new trial. trial. period for filing is interrupted b# a timel# motion for reconsideration or new trial.
RULE 50 PETITION !OR REVIE; !RO T2E REGIONAL TRIAL COURTS TO T2E COURT O! APPEALS Detition for review is not a matter of right but discretionar# on the C(. *t ma# onl# give due course to the petition if it shows on its face that the lower court has committed an error of fact andJor law that will warrant a reversal or modification of the decision or /udgment sought to be reviewed$ 06 dismiss the petition if it finds that it is patentl# without merit, or prosecuted manifestl# for dela#, or the >uestions raised therein are too unsubstantial to re>uire consideration. *t is merel# discretionar# on the C( to order the elevation of the records. 1his is because until the petition is given due course, the trial court ma# still issue a warrant of e"ecution pending appeal and in some cases such as e/ectment and those of Summar# Drocedure, the /udgments are immediatel# e"ecutor#. *t is onl# when the C( deems it necessar# that the Cler of the 61C will be ordered to elevate the records of the case. RULE 53 APPEALS !RO T2E COURT O! TA$ APPEALS AND T2E #UASI>4UDICIAL AGENCIES TO T2E CA
Section B. A//rova- o' record on a//ea-. Drocedure if the appeal is through a record on appeal 1. file record on appeal %. appellee ma# file an ob/ection within + da#s from his receipt thereof &. if there is no ob/ection the court ma#! approve it as presented$ 06 direct its amendment on its own or upon the motion of the adverse part# ?. if an amendment is ordered the appellant must redraft the record within the time ordered or if there is no time, within 1I da#s from receipt
within &I da#s Shorter, briefer, onl# one issue involved - no sub/ect inde" or assignment of errors /ust facts and law applicable
RULE 55 ORDINAR" APPEALED CASES Section =. A//e--antGs re/-) (rie'. 8ailure to file appellantNs brief on time is a ground for dismissal of the appeal. *f a motion to dismiss an appeal has been filed, it suspends the running of the period for filing the appellant brief, as the same would be unnecessar# should the motion be granted. 1he failure of the appellant to ma e specific assignment of errors in his brief or page references to the record as re>uired in this section is a ground for dismissal of his appeal. Section 1%. #,estions t6at &a) (e raised on a//ea-. 1he appeal can raise onl# >uestions of law or fact that 1. were raised in the court below$ and %. are within the issues framed b# the parties thereon. 3RIE! vs. E ORANDU
(n# part# files a petition for review on certiorari wJin 1+ da#s from notice of final /udgment or order of lower court or notice of denial of motion for reconsideration or new trial
(ppellant serves copies of petition on adverse parties and to the lower court, and pa# the corresponding doc et fees
3RIE!
E ORANDU
GENERAL RULE! the findings of fact of the C( are final and conclusive and cannot be reviewed on appeal to the SC. E$CEPTIONS to CONCLUSIVENESS O! !ACTS* 1. <hen the finding is grounded entirel# on spe#ulations, surmise or #on:e#ture$ %. <hen inference made is mani'estl( a6sur&, mista en or impossible$ &. <hen the /udgment is premised on a misrepresentation o' 'a#ts$ ?. <hen there is 5rave a6use o' &is#retion in the appreciation of facts$ +. <hen the 'in&in5s o' 'a#t are #on'li#tin5$ 7. <hen the C( in ma ing its findings ;ent 6e(on& the issues o' the #ase and the same is #ontrar( to 6oth the a&missions o' appellants an& appellees$ 7. <hen the findings of fact of the C( are at varian#e ;ith those o' the trial court, the SC has to review the evidence in order to arrive at the correct findings based on the record$ 8. <hen the 'in&in5s o' 'a#t are #on#lusions ;ithout #itation of specific evidence on which the# are based$
#UESTIONS O! LA;
doubt or controvers# as to what the law is on certain facts
#UESTIONS O! !ACT
doubt or difference arises as to the truth or falsehood of facts, or as to probative value of the evidence presented
if the appellate court the determination can determine the involves evaluation or issue raised without review of evidence reviewing or evaluating the evidence Can involve >uestions >uer# invites the of interpretation of calibration of the the law with respect whole evidence to certain set of facts considering mainl# the credibilit# of witnesses, e"istence and relevanc# of specific surrounding circumstances and relation to each other and the whole probabilities of the situation
Certiorari ,nder R,-e 5% vs. certiorari ,nder R,-e +5?+% 7 s/ecia- civi- action8
RULE 5%
petition is based on >uestions of law
RULE +5?+%
petition raises the issue as to whether the lower court acted without /urisdiction or in e"cess of /urisdiction or with grave abuse of discretion Special civil action
RULE 5+ ORIGINAL CASES Section 0. To A6at actions a//-ica(-e. Under 3.D. 3lg. 1%9, the C( has original /urisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus and >uo warranto, and au"iliar# writs or processes, whether or not the# are in aid of its appellate /urisdiction, and it has e"clusive original /urisdiction over actions for annulment of /udgments of 6egional 1rial Courts.
*t is a mode of appeal
*nvolves the review of :irected against an the /udgment award interlocutor# order of or final order on the the court or where merits there is no appeal or an# other plain, speed# or ade>uate remed# =ust be made within filed not later than 7I the reglementar# da#s from notice of period /udgment, order or resolution appealed from Sta#s the /udgment or Unless a writ of order appealed from preliminar# in/unction or temporar# restraining order is issued does not sta# the challenged proceeding 1he petitioner and the 1he parties are the respondent are the aggrieved part# original parties to the against the lower action, and the lower court or >uasi-/udicial court or >uasi-/udicial agenc# and the agenc# is not prevailing parties impleaded =otion for =otion for reconsideration is not reconsideration or for re>uired new trial is re>uired *f a motion for reconsideration or new trial is filed, the period shall not onl# be interrupted but another 7I da#s shall be given to the petitioner ' SC (dmin. =atter II%-I& .
Section 5. 4,risdiction over /erson1 6oA ac9,ired. 4URISDICTION IS AC#UIRED* 1. 0ver the D51*1*0A56 - b# filing of the petition. %. 0ver the 65SD0A:5A1 - b# the service on the latter of the order or resolution indicating the courts initial action on the petition and A01 b# the service on him of the petition or b# his voluntar# submission. Section %. Action () t6e co,rt. PROCEDURAL OUTLINE 7origina- cases in t6e Co,rt o' A//ea-s8 1. 8iling of the petition %. 0rder to ac>uire /urisdiction over respondents 06 0utright dismissal for failure to compl# to re>uirements also form and pa#ment of doc et and other legal fees. &. 6e>uire respondents to file C0==5A1 within 1I da#s from A01*C5 ?. Court ma# re>uire the filing of a 65D;K or such other pleadings as it ma# deem necessar#
Section. %. Action () t6e co,rt. TAo stages* 1. ( preliminar# evaluation of the petition for prima facie merit therein, and %. 1he issuance of summons as in ordinar# civil cases and such appropriate proceedings thereafter as contemplated in Sec. 7. 1he rule allows the C( to dismiss the petition outright as in special civil actions. 8or the court to ac>uire /urisdiction over the respondent, the rule re>uires the issuance of summons should prima facie merit be found in the petition and the same is given due course. RULE 5C PRELI INAR" CON!ERENCE Section 3. 3inding e''ect o' t6e res,-ts o' t6e con'erence *n the C(, this procedural device ma# be availed of not onl# in original actions but also in cases on appeal wherein a new trial was granted on the ground of newl# discovered evidence. 1he C( can act as a trier of facts, hence the preliminar# conference authoriFed is a convenient ad/unct to such power and function. RULE 5= ORAL ARGU ENT Section 3. No 6earing or ora- arg,&ent 'or &otions =otions in the SC and the C( do not contain notices of hearing as no oral arguments will be heard in support thereof$ and if the appellate court desires to hold a hearing thereon, it will
E$TRINSIC !RAUD
LACF O! 4URISDICTION
<ith respect to petitions for review and motions for reconsideration, the Constitution merel# re>uires a statement of the legal basis for the denial thereof or refusal of due course thereto. 1he court ma# opt, but it is not re>uired to issue an e"tended resolution thereon. Section +. 2AR LESS ERROR 1he court, at ever# stage of the proceeding, must disregard an# error or defect which does not affect the substantial rights of the parties such as error in admission or e"clusion of evidence or error or defect in the ruling or order. Section C. #,estions t6at &a) (e decided 0nl# errors claimed and assigned b# a part# will be considered b# the court, e"cept errors affecting its /urisdiction over the sub/ect matter. 1o this e"ception has now been added errors
being wasted or dissipated and that its value is probabl# insufficient to discharge the mortgage debt or that it has been agreed upon b# the parties$ &. after /udgment, to preserve the propert# during the pendenc# of an appeal or to dispose of it accdg. to the /udgment or to aid e"ecution$ ?. when appointment of receiver is the most convenient and feasible means of preserving, administering or disposing of the propert# in litigation. ( person who refuses or neglects to deliver propert# within his control and which is the sub/ect of the action to the receiver ma# be punished for contempt and liable to the receiver for the mone# or the value of the propert# D;US damages. 1he receiver shall also file a bond before entering upon his duties separate from the bond filed b# the applicant. RULE +D REPLEVIN 1he sheriff shall retain the propert# for + da#s. <ithin such period, the adverse part# ma# ob/ect to the sufficienc# of the applicant9s bond or suret# or he ma# file a counter-bond. (fter + da#s and the adverse part# failed to ob/ect or his counter-bond is insufficient, the sheriff shall deliver the propert# to the applicant. Distinctions
REPLEVIN =a# be sought onl# when the principal action is recover# of personal propert#. ATTAC2 ENT (vailable even if recover# of propert# is onl# incidental to the relief sought.
PRO2I3ITION
:irected against a court, tribunal or a person e"ercising /udicial powers 3ased on the ground that the court against whom the writ is sought had acted without or in e"cess of /urisdiction (lwa#s the main action
RULE %= RECEIVERS2IP ;2EN A" 3E GRANTED 1. applicant has an interest in the propert# or fund sub/ect of the proceeding and such propert# is in danger of being lost or materiall# in/ured unless a receiver is appointed$ %. in foreclosure of mortgage, when the propert# is in danger of
Can be sought onl# when =a# be resorted to even defendant is in actual if the propert# is in possession of the possession of a third propert#. person.
RULE +1 SUPPORT OPENDENTE LITEG <hen ma# be applied for! at the commencement of the action or at an# time before /udgment or final order. 8ailure to compl# with an order granting support pendente lite ma# warrant the issuance of an order of e"ecution against the non-compl#ing part#. Ee ma# li ewise be liable for contempt. See matri< on provisional reme&ies more &etaile& in'ormation.