Академический Документы
Профессиональный Документы
Культура Документы
Limitations:
The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases
Uniform for all courts of the same grade
The rules shall not diminish, increase, or modify substantive rights
Substantive rights are created by substantive law, the rules should not amend such but could only
interpret substantive laws
RULE 1 General Provisions
Applicable to all courts except as otherwise provided by the SC
Example: summary rules on procedure is applicable to some cases in the MTC
The rules shall not apply to election cases, cadastral, land registration, naturalization, insolvency
proceedings
Civil action- is one by which a party sues another for the enforcement or protection of a right or the
prevention or redress of a wrong. It may either be ordinary or special both are governed by the rules of
ordinary civil actions subject to specific rules prescribed for special civil action.
1.
2.
1.
What makes an action special is because of the fact that there are specific rules prescribed for them
which are not found in other rules but it is still governed by the rules on ordinary civil actions subject to the
specific rules. In case of conflict the specific provision prevails but in case of silence, the ordinary rules
apply.
Example: Umberto vs CA petition for certiorari the petition was withdrawn before the respondent could
answer the petition, then changed his mind refilled. Rule 65 is silent on the withdrawal of petition either
with or without prejudice. SC applied the ordinary rules by analogy, certiorari is similar to appeal although
it is not really an appeal. Under rule 50 if you withdraw the appeal, the judgment appealed from will now
become final and executory, you cannot change anymore. A resolution granting the withdrawal of petition
for certiorari is with prejudice and petitioner is precluded from bringing a second action based on the
same subject matter by applying by analogy the rule on withdrawal of appeal.
OTHER CLASSIFICATIONS OF CIVIL ACTIONS:
Real Action an action where the issue or the subject is title, ownership, possession or interest over real
property like accion publiciana, forcible entry, unlawful detainer, foreclosure of mortgage of real property,
partition of real property
-real action is founded on privity of real estate and seeks to recover a specific real property or its
possession action affecting title to real property, partition, condemnation
2.
Personal Action founded on privity of contract or recovery of personal property like an action for
damages, action for a sum of money, action for quasi-delict
-personal or substituted service of summons is necessary and not extraterritorial service
-enforcement of contract, recovery of damages for the commission of an injury to the person or property,
action for specific performance
3.
Mixed action where there is both real and personal example action for recovery of land with
damages. If the damage is incidental it is more of real action.
4.
Local Action action can only be instituted in a particular place example real actions which are
automatically local actions they can only be instituted in the place where the property is situated.
5. Transitory Action one which follows the party wherever he may reside.
6.
Action In rem
-is an action against the thing itself
-if the object of the suit is to bar all who might be minded to make an objection against the right sought to
be established and if any in the whole world has the right to be heard on the strength of the alleging facts
which shows an inconsistent interest, the proceeding is in rem
-probate of a will, land registration proceedings, annulment of marriage-action affecting civil status,
insolvency
-land registration proceeding is in rem personal notice to the owner is not necessary to vest jurisdiction to
the court because proper publication is sufficient
-in the annulment of marriage, the res is the relation between the parties on their marriage(in
rem/personal action)
Personal and real determines venue
In rem in personam- the binding effect of a decision the court may render over a party
-involves personal status or property
-non-resident defendant, in action in rem and quasi in rem, jurisdiction over his person is not essential,
summons upon the defendant by publication may be served merely to satisfy the requirement of due
process
7.
In personam
-is an action against a person on the basis of his personal liability
-if the object of the suit is to establish a claim against some particular person, with a judgment which will
bind his body or bar some individual claim or objection so that only certain person are entitled to be heard
in defense, it is in personam
Action for reconveyance and cancellation of TCT Ching v CA (in personam/real action}
-action for injunction to restrain defendants from enforcing contracts (personal action/in personam
-action for resolution of a contract of sale of real property
-action to review the decision of DPWH Sec
-action to recover title/possession of real property ching v ca (real action/in personam)-unlawful
detainer, accion publiciana, forcible entry- it binds only the parties
-real action may at the same time be an action in personam not necessarily action in rem
Example: an action to recover a parcel of land is real action but it is also in personam because it binds a
particular person only although it concerns the right to tangible thing.
8.
Quasi in rem
-is a proceeding which are not strictly and purely in rem, but are brought against the defendant personally,
although the real object is to deal with particular property, or subject it to the discharge of claim asserted
-a suit which has the purpose of selling or dispose the property of the defendant either it be in foreclosure
of mortgage or when a property is attached
-action to exclude non-resident defendant from any right or interest in the Phils
-quieting of title
-Against a non-resident who is not personally served and who does not appear, the relief must be
confined to the res and the court cannot lawfully render personal judgment against him
-quasi in rem is actually in personam it is directed only against a particular individual but the purpose of
the proceeding is to subject his property to the obligation of lien burdening it.
9. Private or Civil action lawsuit brought by a private citizen for the protection of a private right
10. Public Action taken by the government against one who usurps governmental prerogatives, or when an
entity misuses its franchising or corporate powers.
DISTINCTION BETWEEN ACTION AND SPECIAL PROCEEDING:
Action
a. a persons right is alleged to exist and have been violated
b. there is specific plaintiff and defendant
c. formal rules and formal standard court procedures govern both civil and criminal actions
Special Proceedinga right is alleged to exist, there may be no violation since what is sought is the establishment of a right,
status or fact.
b. There are no specific contending parties, except those persons who seek to establish their rights or
status
c. Specific rules of procedures for each special proceeding are followed. Procedures are not as formal as
those observed n civil or criminal lawsuits.
-special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.
-governed by rule 72 to 109 settlement of estate of deceased persons, adoption, change of name,
correction of entries in the civil registry, guardianship, escheat, etc
a.
1.
2.
3.
4.
When may lapses in the literal observance of the Rules of court be excused?
When they do not involve public policy
When they arose from an honest mistake or unforeseen accident
When they do not prejudice the adverse party
When they do not deprive the court of its authority
RULE 2- CAUSE OF ACTION
-is the act or omission by which a party violates a right of another
1.
2.
3.
4.
ELEMENTS:
A right pertaining to the plaintiff
A correlative obligation on the defendant
Violation of plaintiffs right
Damaged suffered by the plaintiff
Damage without injury does not create any cause of action
Right of action is the right of the plaintiff to bring an action and prosecute an action
ELEMENTS:
1. The plaintiff must have a cause of action
2. The plaintiff must have performed all conditions precedent to the filing of the action
There can be no right of action when there has been a wrong, a violation of a legal right. There can be no
right of action unless there is a cause of action.
DISTINCTIONS BETWEEN CAUSE OF ACTION AND RIGHT OF ACTION:
A cause of action is the delict or wrong committed by the defendant while a right of action is the right of
the plaintiff to institute the action
2. A cause of action is created by substantive law while right of action is regulated by procedural law
3. A right of action may be removed or taken away by the running of the statute of limitations, prescription,
estoppel which do not affect the cause of action
Example debtor borrows money and he did not pay- cause of action, after 10 yrs the contract prescribed
and you cannot recover anything anymore
1.
Sometimes we say that the action has prescribed, what has prescribed is the right of action and not the
cause of action.
a.
b.
c.
d.
1.
2.
3.
RES JUDICATA -a judgment upon the merits in any one is a ground for the dismissal of the others-barred
by prior judgment
Requisites:
The former judgment or order must be final
It must be a judgment on the merits that is, it was rendered after a consideration of the evidence or
stipulations submitted by the parties at the trial of the case
It must have been rendered by a court having jurisdiction over the subject matter and the parties
There must be, between the first and the second actions, identity of parties, of subject matter and of
cause of action.
Philosophy or reason against splitting a single cause of action:
To prevent repeated litigations between same parties with regard to the same subject matter
To protect the defendant from unnecessary vexations and
To avoid costs incident to numerous suits.
How to determine singleness of a cause of action
-it is determined by the singleness of the delict or wrong committed by the defendantregardless of the
various remedies that the law will grant the injured party. Example: violation or a breach of contract could
give rise to civil action for specific performance or for rescission of contract
Danao v CA SC ruled that a mortgage creditor may institute against a mortgage debtor either a personal
action to collect the debt or a real action to foreclose mortgage property
Recto Law on Sales the remedies of an unpaid seller of personal properties are three but the choice
of one automatically bars resort to the other
In a contract:
General rule there is only 1 cause of action, it may be violated only once even if it contains several
stipulations
Exceptions:
1. A contract which provides for several stipulations to be performed at different times gives rise to as many
causes of action as there are violations. Example: one promissory payable in installments at different
times. Every installment is one cause of action
2. All obligations on installment which have matured at the time of the suit must be interpreted as one
cause of action in one complaint and those not so included will be barred
3. Even when there are several stipulations in a continuing contract, when the failure to comply with one of
several stipulations constitutes a total breach. Example: 1 st installment fell due but the debtor repudiates
the entire note. A case must be filed for the entire amount of loan whether due or not.
Sec 5 Joinder of causes of action
A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may
have against the opposing party, subject to the following conditions:
1. The party joining the causes of action shall comply with the rules on the joinder of parties
-the condition imposed is there must be a common question of fact or law involved in their claims
-example 2 or more passengers riding on the same bus meeting an accident. Each passenger has a
cause of action but they can be joined in one complaint- thus there is joinder of parties under rule 3 sec 6
and joinder of causes of action under rule 2 sec 5
2. The joinder shall not include special civil action or actions governed by special rules
-an ordinary civil action cannot be joined with special civil action
3. Where the causes of action are between the same parties but pertain to different venues or jurisdictions,
the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of
said court and the venue lies therein
-example O encroached in 2 parcels of land 1 parcel is P20T the other is P1M triable by MTC and RTC
can be joined in the RTC
-example O encroached in Iloilo with assessed value of P20T and kalibo with assessed value of P1M
the venue is in RTC Kalibo
-example O encroached one month ago on one parcel and 2 yrs ago on another parcel forcible entry on
the 1st case and accion publiciana on the 2nd- they cannot be joined
4. Where the claims In all the causes of action are principally for recovery of money, the aggregate amount
shall be the test of jurisdiction
-TOTALITY RULE
1 case for only 1 cause of action
1 case for more than one causes of action
More than 1 case for one cause of action not allowed
1.
2.
1.
2.
3.
Example:
-entity without juridical personality they may be sued under the name by which they are generally or
commonly known
-Labor union
1.
2.
3.
4.
5.
Sec. 6 Permissive joinder of parties all persons in whom or against whom any right to relief in respect to
or arising out of the same transaction or series of transactions is alleged to exist whether jointly or
severally may join as plaintiffs or defendants
Conditions:
1. There is a right to relief in favor of or against the parties joined arising out of the same transaction or
series of transactions
2. There is a common question of fact or law common to all the parties joined
-common evidence, issues, witnesses
-it is not mandatory as it is permissive as allowed
1.
2.
3.
4.
RULE 35
Summary judgment is a method for promptly disposing a civil action when there is no genuine issue as
to any material fact.
Distinctions between summary judgment Rule 35 and judgment on the pleadings Rule 34
IssueSummary judgment no genuine issue to be tried, there are denials but not genuine
Judgment on the pleadings-no issue at all to be tried, no issue because everything is admitted
2. Basis
Summary judgment only pleadings, complaint, answer
Judgment on the pleadings pleadings, affidavit, deposition, admissions
1.
3.
1.
2.
3.
4.
5.
1.
2.
3.
4.
Formal Requisites:
In writing
Directly prepared by the judge
State clearly and distinctly the facts and the law in which it is based
Signed by the judge and filed with the clerk of court
Memorandum decision- a decision which adopts the decision or resolution contained in the decision or
resolution appealed from
Sin per juicio judgment contains only dispositive portion and reserves the making of findings of fact and
conclusion of law in the subsequent judgment
Conditional judgment subject to performance of condition precedent and is not final until the condition is
performed
Incomplete judgment is a judgment which leaves certain matters to be settled in subsequent
proceedings.
Judgment nun pro tunc- it is a judgment now for then. Its function is to record some act of the court done
in the former time which was not carried into the record and the power to make such entries is restricted
to placing record which has actually been taken to make the record to speak the truth.
Judgment upon a compromise- judgment which the law encourages because it is a judgment with the
consent of the parties for purpose of effecting a settlement; the compromise agreement becomes the
judgment as long as it is not contrary to law.
Compromise is a mutual concession to avoid litigation
Judgment upon confession- admission or confession of liability
REMEDIES OF LOSING PARTY:
1.
4.
1.
Effects of finality:
The prevailing party is entitled to have execution issue as a matter of right.
2.
The court rendering judgment automatically loses jurisdiction over the case and therefore the court has
lost power to change or alter the judgment
3. Res judicata immediately applies
Separate trials-sec. 2 rule 31 the court may order separate trial of any claim, cross-claim, or counterclaim- in furtherance of convenience and avoid prejudice
Effect: filing of separate motion for new trial sec. 8 rule 37
-the court may enter a judgment of final order as to the rest or stay enforcement of such judgment until
after the new trial.
Separate judgment-sec. 5 rule 36-when more than one claim for relief is presented in an action
-upon determination of issues material to a particular claim and all counterclaims arising out of the
transaction subject matter of the claim
-the court may render separate judgment disposing such claim
-the action shall proceed as to the remaining claims
Discretionary execution- sec. 2 rule 39-on motion by the prevailing party
-notice to the adverse party
-the court has jurisdiction over the case and is in possession of either orig record or record on appeal
-even before the expiration of period to appeal
DEPOSITIONS:
1.
2.
3.
1.
2.
1.
Nature of execution:
Compulsory execution it is execution as a matter of right
Sec. 1 rule 39
a)-on motion
-upon a judgment or order that disposes of the action or proceeding
-upon the expiration of the period to appeal therefrom if no appeal has been duly perfected
b)-if the appeal has been perfected and finally resolved,
-the execution may be applied in the court of origin
-on motion of the judgment obligee
-submitting certified copies of the judgment or final order or orders sought to be enforced and of the entry
thereof
-with notice to the adverse party
c)-on motion in the same case
-the appellate court may direct the court of origin to issue the writ of execution
-when the interest of justice so requires
Interlocutory judgment or order has not yet disposed of the action or proceeding
-cannot be the subject matter of execution
-EXCEPTION: support pendente lite rule 61 can be moved for execution
2.
a)
b)
1.
2.
How it is enforced:
Execution by motion
Sec. 6 rule 39
-a final and executory judgment or order may be executed on motion
-within 5 yrs from date of its entry
-after the lapse of such time, and before barred by the statute of limitations
-a judgment may be enforced by motion
-within 5 yrs from the date of its entry
-and thereafter by action
-before it is barred by statute of limitations
Execution by independent action
-after 5 yrs, the judgment becomes dormant without execution
-procedure is to file another civil action for revival of judgment
-after the lapse of such time, which is 5 yrs, and before it is barred by statute of limitations
-art. 1144 civil code, judgment may be enforced only within 10 yrs
3rd party claim or the remedy of terceria
-an affidavit made by a 3rd person who claims to be entitled to the property which is in the custody of the
sheriff by virtue of a writ of execution or writ of preliminary attachment or an order of replevin
2.
1.
2.
-In either case prior to the transmittal of the original record or the record on appeal
The court may issue orders(residual powers of the court)
-for protection and preservation of rights of the parties which do not involve any matter litigated by the
appeal
-approve compromises
-permit appeals of indigent litigants
-order of execution pending appeal sec. 2 rule 39
-allow withdrawal of appeal
Execution of several, separate, or partial judgments sec. 2b rule 39
-may be executed under same terms and conditions as execution of judgment or final order pending
appeal.
Execution pending appeal may be proper for enforcing collection of actual damages but nor for payment
of moral or exemplary damages
-amount is certain, there are receipts
REMEDY OF DEFENDANT to stay the execution pending appeal:
Sec. 3 rule 39 stay of discretionary execution
-the defendant will ask the court to fix the supersedeas bond to stop the execution pending appeal
-exception: special compelling reasons justifying the execution pending appeal outweigh the supersedeas
bond filed by the defendant example: judgment for support
a)
b)
c)
complaint in intervention can be done only during the trial before judgment-thus a separate action is
necessary
-separate action by the 3rd party
The 3rd party cannot file directly in court a motion to recall the execution or nullify the execution of the
property levied- because he is not a party to the lawsuit-the remedy is to file a COMPLAINT IN
INTERVENTION in the subject case if the case is still on trial before judgment thus there a separate
action is necessary.
Intervenor-has an interest in the property subject matter of the controversy, has interest in the success of
either or an interest against and he is adversely affected by any disposition of property within the custody
of the court.
3 remedies of the 3rd person whose property was seized by the sheriff to answer for the obligation or the
judgement debtor: 1995 case evangelista vs. kenserger 242 scra 702
1. invoke the supervisory power of the court which authorized such execution sy v. viscaya1815478
-only for obvious wrongful act of the sheriff in attaching the property
2. terceria citing rule 39 sec. 16
3. any proper action to vindicate his claims to the property
Is the judgment obligee/creditor allowed to participate in the auction sale?
Yes under sec. 21 rule 39
Apply the law on compensation- no exchange of payment except:
-When his bid is higher than his judgment- he has to pay the cash for the excess
-if there is a 3rd party claim to the property he has to pay the amount under sec. 21 when the purchaser
is the obligee, and no 3rd party claim has been filed, he need not pay the amount.
Can an auction sale be attacked/nullified or declared null and void?
-generally NO there is presumption of regular performance of duty by the sheriff except in 2 instances:
1. where the auction sale is declared illegal and void or attended by serious irregularity-like no publication,
no notice
2. when the price is shockingly inadequate and is shown a better price can be obtained at the said sale
Shocking to the senses-the remedy is cancelling the sale and order another auction only when the
property sold is PERSONAL property. REASON: you lose ownership over the property
-it will not apply is the property sold is REAL you have no cause to complain because you have the right
to redeem and your redemption price is also lower. So there is no prejudice to the judgment obligor.
Conveyance to purchaser of personal property not capable of manual delivery sec. 24 rule 39
-personal property- title transfers after payment of the purchase price and delivery upon him. Delivery is
either physical or symbolic.
Real property-ownership is transferred not after the auction sale but after expiration of the right to redeem
under sec. 25
Under sec. 23 and 24 what is conveyed in the auction sale is not the ownership of the property but the
law says: certificate of the sale conveys to the purchaser all rights which the judgment obligor has in such
property as to the date of levy or execution for preliminary attachment.
In auction sale there is no warranty on the part of the sheriff under rule 29 unlike in private transacton the
vendor warrants ownership.
SC explained that at the sheriffs sale the sheriff does not sell the land advertised to be sold but the sheriff
simply sells what interests in that land the judgment debtor has.
CONVEYANCE of REAL PROPERTY sec. 25 rule 39
-right of redemption expires in one year from the date of registration of the certificate of sale
Sec. 26 in the certificate of sale to be issued by the sheriff, shall make express mention of the existence
of such 3rd party claim
Sec. 27. Who may redeem real property so sold.
may be redeemed in the manner hereinafter provided, by the following persons:
(a) The judgment obligor, or his successor in interest in the whole or any part of the property;
(b) A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on
some part thereof, subsequent to the lien under which the property was sold.
Such redeeming creditor is termed a redemptioner.
Sec. 28. Time and manner of, and amounts payable on, successive redemptions; notice to be given and
filed.
The judgment obligor, or redemptioner, may redeem the property from the purchaser, at any time within
one (1) year from the date of the registration of the certificate of sale,
-by paying the purchaser the amount of his purchase, with one per centum per month interest thereon in
addition, up to the time of redemption, together with the amount of anyassessments or taxes which the
purchaser may have paid thereon after purchase, andinterest on such last named amount at the same
rate;
and if the purchaser be also a creditor having a prior lien to that of the redemptioner, other than the
judgment under which such purchase was made, the amount of such other lien, with interest.
Property so redeemed may again be redeemed within sixty (60) days after the last redemption upon
payment of the sum paid on the last redemption, with two per centumthereon in addition, and the amount
of any assessments or taxes which the last redemptioner may have paid thereon after redemption by him,
with interest on such last-named amount, and in addition, the amount of any liens held by said last
redemptionerprior to his own, with interest.
The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous
redemptioner within sixty (60) days after the last redemption, on paying the sum paid on the last previous
redemption, with two per centum thereon in addition, and the amounts of any assessments or taxes which
the last previous redemptioner paid after the redemption thereon, with interest thereon, and the amount of
any liens held by the last redemptioner prior to his own, with interest.
Written notice of any redemption must be given to the officer who made the sale and a duplicate filed with
the registry of deeds of the place, and if any assessments or taxes are paid by the redemptioner or if he
has or acquires any lien other than that upon which the redemption was made, notice thereof must in like
manner be given to the officer and filed with the registry of deeds; if such notice be not filed, the property
may be redeemed without paying such assessments, taxes, or liens.
Note:
In obligation granted by a bank, the general banking act sec 78 shall govern since it is a special law
applicable to banks, in case of redemption, the bank rate for the commercial rate imposed by bank
prevails.
Sec. 39 rule 39
All rents, earnings and income derived from the property pending redemption shall belong to
the judgment obligor until the expiration of his period of redemption.
2 documents which are executed under the law in case of real property:
1. certificate of sale under rule 25 rule 39
2. deed of conveyance sec. 33 rule 39 after one year period has expired, without redemption
Writ of possession a writ issued by the court to the purchaser against the defendant who refuses to
vacate property
(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any
other matter that could have been raised in relation thereto,conclusive between the parties and their
successors in interest by title subsequent to the commencement of the action or special proceeding,
litigating for the same thing and under the same title and in the same capacity; and
1.-two judgments matter directly adjudged and matter could have been raised
2. accdg to SC there must be identity of parties,subject matter, identity of cause of action
3. 1st judgment is a bar to matters directly adjudged or as to any matter that could have been raise in
relation thereto
Example: compulsory counterclaim not raised in the 1 st action and filed in separate action is res
adjudicata by applying the concept of barred by a former judgment
(a) In case of a judgment or final order upon a specific thing, the judgment or final order
is conclusive upon the title to the thing; and
(b) In case of a judgment or final order against a person, the judgment or final order ispresumptive
evidence of a right as between the parties and their successors in interest by a subsequent title.
In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of
notice to the party, collusion, fraud, or clear mistake of law or fact.
How do you enforce?
The usual procedure, you file a case against the same defendant here and the cause of action is
enforcement of a foreign judgment. And then the Phil court will render a judgment enforcing it and then
you can execute.