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    San Beda 2011 Remedial Law (Civil Procedure)

    Загружено:

    rg moreno
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    © All Rights Reserved
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    — Pee YF San Beda College of Law ey 2011 CENTRALIZED BAR OPERATIONS TABLE OF CONTENTS Introduction... Jurisdiction. Civil Cases (MTC, RTO Civil Cases (CA, SC). Criminal Cases (MTC, RTC, Sandiganbayan). Criminal Cases (CA, SC). Shari‘ah Courts, Civil Procedure. Matrix on Provisional Reme: Special Civil Actions... Venue and Jurisdiction... Special Proceeding Rules on Guardianship of Minors. Rules on Domestic Adoption.. Inter-Country Adoption Rule on Custody of Minors and Writ of Habeas Corpus in Relation to the Custody of Minors... Rule on the Writ of Amparo. Rule on the Writ of Habeas Data. RA 9048 (Clerical Error Act).. Comparative Chart of Habeas Corpus, Writ of Amparo and Habeas Dat: Venue and Jurisdiction of Special Proceedings. Criminal Procedure. Evidence... Anti-Wiretapping Act. Rule on DNA Evidence. Rule on Examination of Child Witness. Witness Protection, Security and Benefit Act... E-Commerce Law... Rules on Electronic Evidence. 218 330 356 364 365 ‘San Beda College of Lao 2011 CENTRALIZED BAR OPERATIONS Special Laws Katarungang Pambarangay... 375 Rule of Procedure for Small Claims Cases. 378 Revised Rules on Summary Procedure. 381 Rules of Procedure for Environmental Cases. 385 Alternative Dispute Resolution Act of 2004. 390 Special Rules of Court on ADR... 398 Guidelines in the Conduct of Pre trial and Deposition Discovery Measures. 406 PHILIA Resolution No. 06-22 (Juris Project). 407 Re: Proposed Rule on Provisional Orders.. 409 Declaration of Absolute Nullity of Void Marriages and Annulment/Legal Separation... 410 Proposed Rule on Commitment of Children. 416 Rule on Juveniles in Conflict with the Law... 418 Judiciary Act of 1948, 422 Annex Annulment of Voidable Marriages. 424 Procedure for Declaration of Absolute Nullity of Void Marriages. ~ 425 Annulment of Voidable Mariages and d Lega Separation 426 Bibliography... a : 427 This is the intellectual property of the San Beda College of Law 2011 Centralized Bar Operations. Unauthorized use and reproduction of this material is prohibited. San Beda College of Lato 2011 CENTRALIZED BAR OPERATIONS INTRODUCTION Cy ae accurate because only jurisdiction over the Subject matter Is conferred by substantive Wsthat port ofthe | refers fo the low which creates, |legoloton providing law. Jurisdiction over the partes, issues efines 0° reans or methods and resis governed by procedural aw. regulates rights [whereby causes of Eoncemingite, | sedon ansy be REQUISITES FOR THE VALID EXERCISE ery or property or effectuate, wrongs OF JURISDICTION thepowersor ecressed and let agencies of 2biained faiso known 3. That it must have jursciction over the instoumentaiies for | as ADJECTIVE LAW). the administration of parsons of the parties. ube affairs a Temakes vested | ha NO vested Mahi en fight possible, Py ara This prospecivein | i'governa acts and ee Mls acquired other by optcation. transactions weil took eet aeeenee place (Revoactve). _ Complaint petition or | appearance n court Teannotbe enacted |The Supreme Court iniatory pleeding ‘and his submission to bythe Supreme expressly empowered its authorty, orby Coun. to promuigate service of summons oF procedural rues. not there has been grave abuse of A rrtageal ‘+ Jurisdiction over the subject matter is tnanng otto aa nrc a utc ones et ee Government (Section 1, Article Vill, 1987 Ht A i F8ysis conferred, by ta Constitution), voluntary, a The power of judicial review is the Suprema Court's POWER TO DECLARE a law, treaty, internationat or executive agreement. presidential decree, proclamation, order. instruction, ordinance, or regulation UNCONSTITUTIONAL, Jurisdiction (Latin: “juris” and “dio” | speak of the Jaw) is the power and authority of a court to try, hear, and decide a case and to cany its judgments into effect, + The statement that “Vurisdiation is erred by substantive Iav"is NOT FZEKIEL OSHA VALERA eral chotwersen, MINSTER MOISES. IP creme ‘liner tor ect INCE LOM LANG ss hls fo Sil stages of the 1 arabs, DONATE JORIARE JUNASA inmanen fo ocr MRAN MAVERKK TUMACDER vce ‘ne, HAAN BAW THAZON vice chaiperson fr edp ASSEN YAN MERCADTE subjut cho, RAIA DESIRE. FLIND ext slat sf MA YON HL ¢AYARA cp, JANA MA THesOW oat occ, KAREN HNSIE AAP 00 emaens: tel Joy ios, Glory uaee Arugay Mav Jos ys Rielle es am Danke Giang Eiko Gallago, Mote Rose Marge ita, Panis Dy Kevin Averell Pan. mln Ohanto, very Thang, Lew feskno Ry Viaevas ose Angee Dav, Karle se agit ayn Lama gr, Dana jd, ine Monique Rona! Moz, nd tor hab Sinan, Cada Taba, Nolan REMEDIAL LAW INTRODUCTION proceedings before the trial court and invoked its authority by asking for an aifirmative relief (Solven vs, Fastforms, Ine. G.R. No. 139031, Oct 18, 2004) ‘+ _ Jurisdiction is governed by the law atthe time the action is COMMENCED, withheld from the plenary powers of the court. + LIMITED jurisdiction ~ Exercised over and extends only to particular or specified cases. As to NATURE of the Cause: ‘+ ORIGINAL jurisdiction — Exercised by ‘Couns in the first instance, + APPELLATE jurisdiction — Exercised 5. That it must have jurisdiction over the res by @ superior court to review and (thing or property tinder tigation). decide cases previously decided by a + tis acquired eitner by the seizure of lower court now elevated for judicial the property under legal process or as review. @ result of the institution of legal Proceedings, in which the power of the AS to Nature and Extent of EXERCISE: court Is recognized and made + EXCLUSIVE jurisdiction ~ Confined to effective, @ particular court to the exclusion of other courts. 6. That it must have jurisdiction over the + CONCURRENT — jurisdiction = Perisins fo the authority tohear and deode issues as raised in the pleadings or by their agreement in a pre-trial order or those tied by the implied consent of the panies, Eeaoebaes Rniceiat ‘Any act of tie court pursuantto such authority including the ‘decision an its consequences, ‘Where there is an exercise of jurisdiction In the absence cf jurisdiction, the court would be commiting an error of jurisdiction, Where on the other hand, the court acted Pertaining to different courts over the same subject matter at the same time and piace. When two or more courts have concurrent jurisdiction over a ‘case, the court which hes first validly acquired jurisdiction takes it to the exclusion of the others (also referred fo as confluent or coordinate jurisgiction) As to SITUS: + TERRITORIAL jurisdiction ~ Exercised within the limits of the place where the court is located, + EXTRA-TERRITORIAL jurisdiction — Exercised beyond the confines of the territory where the court is located. COURTS OF LAW vs. COURTS OF EQUITY A COURT OF LAW decides a case according to\what the promulgated law is while a COURT with jurisdiction but committed procedural errors or errors in the appreciation of the facts or of the law. the error would be a mete error of judgment, not of jvrisdietion [One where the court, often or quasijeczis! | somymitin te oo [body acts without or in \juriedetin. nodes excess ofjurisacton, or lerrare of proces or wth grave abuse of | misiakes'n the courts ___ fanatege Mrenders a dame” | Such an error does net vetloralestedave, [make te cots secon svar [Conte Cone CLASSIFICATION OF JURISDICTION 1. AS 10 GASES Trice! + GENERAL jurisdiction — San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Created by the Constitution, ‘Created by law. May be abolched by | ‘Cannel be abolished by Congress without | Congress by just ‘amending the simply repealing the Constitution, lew which croated those courts. ‘Ex The Court of Tax Appaals Ex The Supreme Cour SUPERIOR COURT Vs. INFERIOR COURT SUPERIOR COURTS refer to those courts which have the power of review or supervision ‘over another lower court while INFERIOR COURTS are those which, in relation to another are lower in rank and subject to review and supervision of the latter. COURTS OF RECORD : Those whose proceedings are enrolled and which are bound fo keep 2 written record of all. trials and proceedings handled by them. RA No. 6031 mandates all Municipal Trial Courts fo.be counts of record. POLICY OF JUDICIAL HIERARCHY This policy means that a higher court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts, White itis true that the SC, CA, and the RTC have concurrent original jurisdiction to Issue writs of Certiorari, Prohibition and Mandamus, Such concurrence does not accord itigants unrestrained freedom of choice of the court to which the application for the writ may be itected. The application should be fled with the court of lower level unless the importance of the issue involved deserves the action of the court of higher level DOCTRINE OF JUDICIAL STABILITY OR NON INTERFERENCE General Rule: No court has the authority to interfere by injunction with the judgment of another court of coordinate jurisdiction or to ass upon or scrutinize and much less deciare as unjust a judgment of another court [Inusirial Enterprises Inc. vs. CA, GR. No. 88550, April 18, 1990). Exception: The doctrine of judicial stability does not apply where a third party claimant is involved (Santos vs. Bayhon, GR. No, 88643. huly 23. 1991) DOCTRINE OF JURISDICTION (Also Known As Continuity of Jurisdiction) ‘Once jurisdiction has been acquired, the court ‘etaing it until the final termination of the case. ADHERENCE TO General’ Rule: Law enacted during the pendency of a case which transfers jurisdiction to another court does not affect cases prior to its enactment Exceptions: 1. When the new law EXPRESSLY PROVIDES for a retroactive application; 2. When the change of jurisdiction is ‘CURATIVE in character. EXCLUSIONARY PRINCIPLE ‘The court first acquiring jurisdiction excludes all others. DOCTRINE OF PRIMARY JURISDICTION Under this doctrine, courts will not resolve a controversy involving @ question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the spectat knowledge and experience of said tribunal in determining technical and intricate matters of fact (Villffor vs CA, GR:No, 95694, Oct. 8, 1997) DOCTRINE OF ANCILLARY JURISDICTION it Involves the inherent or implied powers of the court to determine issues incidental to the exercise ofits primary jurisdiction Under its ancillary jurisdiction, @ court may determine all questions relative to the matters brought before it, regulate the manner in which 2 trial shall be conducted, determine the hours at hich the witnesses and lawyers may be ‘ORIGINAL, Noto: The adjusted usdictional ‘amount is based on Seo. Sof RA, 7691, this year boing the 25. year period ‘mentioned therein REMEDIAL LAW JURISDICTION 4. Actions invaling personal property, whose value does NOT exceed 300,000 or In Metro Manila the ‘amount does NOT exceed P400,000; | 2. 2. Demand for money NOT exceeding 'P300,000 or in Metro Manila NOT ‘exceeding P-400,000, Note: Exclusive of Jnterest, damages cof whatever kind, attomey’s foes, ‘Migation expenses, and costs DALEC), the amount of which must be specifically alleged but the fling fees | 4 ‘heroon shall be paid, + The exclusion of the term “damages of whatever kind” applies to cases where the | 5. damages are merely incidental to ‘or 8 consequence of the main ‘cause of action. However. in cases where the claim for damages Is ‘the main cause of action, oF one of the causes of action, the amount cof such claim shall be considered in determining the Jurisietion of | the cour 3 Probate proceadings (testate of intestete) where the gross value ofthe | ‘estate does NOT exceed P300,000 or | In Metro Manila the value does NOT exceed P400,000; | 4. Actions involving title to or possession | ofreal property. or anyintrest eran | winore the aaeesed vate oF rest theron deca NOT excaou Poa 00 or | intro tenia, does NOT exceed” | Psd a00: 5 Inclusion and exclusion of voters (BE. 883, Soc 126) ‘Admirally and maritime cases where demand or claim does NOT exceed P200,000 ot in Metro Manila, does NOT exosed P400.000 ‘Those covered by the Rules on Procedures 8 Forcible Entry and Uniawtut Betainer (FEUD) | | + wath jrsesition to resove issue of ‘ownership to determine ONLY the Issue of possession, + Inespective of the amount of ‘damages or unpaid rentals Sought lobe recovered Where stiomeystoosae | ENO ary ‘The action is incapable of pecuniary estimation; Tite to or possession of real property or any interest therein, the assessed value EXCEEDS P20,000 or EXCEEDS. 50,000 in Metto Monit ‘Admiralty and mertime cases where ‘demand or claim EXCEEDS P'300,000 or EXCEEDS F400,000 in eto. Mania Matters et Probate (testate & intestate) where gross value of the estate EXCEEDS P300,000 or EXCEEDS 400,600 in Metro Mania: All actions involving the contract of ‘mariage and family reltions (See RA, 18369 amending BP. 122) Family Courts now have exclusive orignal juriseiction over: 8.” Petitions for guardianship, custody of children, habeas corpus in elation to the later (but the SC and the CA have net been | oprived of their original jurisdiction): b. Petitions for adoption of chitdren ‘and the revocation tnereof .&. Complaints for annulment and Geciaration of nulity of mariage, matter rotating to marital status ‘anc property relations of husband and ‘wife oF those iwing togather Under diferent status ot sgreament, and petitions for issolution of conjugal partnership of gains ro >eieorrenesecen et Trelating to-pac ee [elhegencos aad ee Lee al carat SEBS PRs Dake > Bees CN 4 rina a: ap ca — ang “Egan Rbibesieraiaep sare | Beers Tany | Caitmauiesysereanig | order apatnetttiggccused or San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Deena {INFERIOR COURTS) eae ‘awarded, the samme shall NOT ‘exceed F20,000, b. Other civil cases, except probate proceedings, where the total Smount of the plaintf’s claim does, NOT exceed 100,000 oF does NOT exceed 200/000 in Metro Manila, exclusive of interests and costs (as amended by AM. No 02-17-09-SC, effective Noverber 25, 2002), Cea roe) defendant upon verified application by the complainant oF the victim for relief from abuse; 'b, The court may order the temporary cusiody of chikren in all ivi actions for their custody, support pendent it, including deduction from the salary, and use of conjugal home and other properties inal evil actions for ‘support 6. Cases NOT win the exclusive jurisaiction of any court, tnbunal ‘person or body exercising judi ‘Qua8i-uallal functions (general jurisdiction of RTC), 7. Cull actions and special proceedings faling within the exciusive orginal jurisdietion of Juvenile anc Domestic Relations Court and of Court af ‘Agrarian Relations 2s now provides by law 2, fil other cages where demend EXCLUSIVE of IDALEC oF the value of ‘the propery in contioversy EXCEEDS 'P00,000 or EXCEEDS P400,000 in Metro Manila; ® Under Sec. 6.2 ofthe Securtios and Regulations Code hear and decide {2 Cases involving devices oF schemes employed by or any acts fof the board of directors, business associates, its officers oF | pannership, amounting to fraud ‘ane misrepresentation which may ‘be detrimental to the intarest of the public andor of the siccknoiders, rtners members af associations eeestoarieaton aieseovns —— Conirovesieg ang ott eg conser oF parhetenip relat Gomirversies inte eletene soranimentah ee gor estporstors seeocialons Petitons of corporations ships of aoe Ueialedp the state of susgeeion ‘of vines ih Cae wnerg he aie i | 2, progety as covey ts bs but EE rrecesoag Niggeer ten matt tah ue Geldnares wnoweigeeenny nas ‘ho eumevenansett Eover is Tijer bute Unger the REMEDIAL LAW JURISDICTION civ CASES Care Te ee ize telgosttia eae ‘management of a Rehabilitation Receiver or Management Commies, CONCURRENT | Win RTC — NONE With SC — Actions affecting ambassadors, | Public ministers and consuls. | With $C, CA and Sandiganbayan — Issuance of writs of cetioran, prohibition, mandamus, habeas corpus, quo warranto, injunction agsinst lower courts, With SC, CA and Sanaiganbayan — issuance of writ of amparo and habeas data With MTC, ete. ~ NONE. With insurance Commissiones ~ Claims. NOT exceeding P 100,000, DELEGATED | ‘May be assigned by the SC to hear ‘cadastal or land registration cases where there Is no controversy aver the land or in| case of contested fands, the value does NOT exceed 100,000 I SPECIAL | Petition for Habeas Corpus OR application | SC ray designate certain branches of RTC ‘APPELLATE Cay EXCLUSIVE ORIGINAL CONCURRENT Note: While the Rules provide for jmisdiction ainong the RTC, OA, net SC, the’ same. is lif subject 10 the principte of HIERARCHY OF COURTS, sg cece | With Court of Appeals (Ca) for bail n criminal cases in the absence of all RTC judges in ne province or city, Prasat Cee ere ry Petitions tor certioran, prehitition or mandamus against 3. CA b COMELEC, = Goa; 4 Sanciganbayan, 8 Petitions for certiorari, prohibition or mandamus (CPR against RTC. hhabeas corpus, qin warraeo, b Petions for eeriorar. prohbation of mmaniamis against the ML to try exctusively criminal cases, juvente fond ‘domestic relations Gases, agrarian 2886, urban land reform cases not faling wslin the Jurisdiction of any quastjuciial body and other spectal cases in the interest of ust Al! cases decides by the lower courts mh ‘Mel’ respective territorial jriegition except decisions of ‘ower courts m tho exorcise of dolegatad juriscltion, Coo ameg eae San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Aan roe a Sega cies pursuant to Sec 4 OF Rule 65, With GA, the Sandiganbayan and RTC With CA, the Sanaiganbayan and RTC ‘3. Petitions for issuance of Writ of ‘© Petitions forissuance of Wit of “Amparo: ‘Amparo: Petitions for Habeas Data, where 4d. Petitions for Habeas Data, where {ne action involves public data or the action involves publie data or ‘government office. government office With the CA,, RTC and Sandiganbayan (With CA only unless otherwise provided by ‘a. Potiions for certiorar, prontstion or | Iaw ‘mandamus against inferior courts 2. Petitions for certiorari, prohibition ‘and other bodies; or mandamus égainst quasi- 'b.Petitons for habeas corpus end quo Judicial agencies (Ike CSC, C8AA, warranto, CTA, etes) (Amendments (> Rule 65, AM. No. 07-7-12-8C) with RTC ‘Actions against ambaesadore, her public | With the SC, RTC and Sandiganbayan ‘ministers and eoncule ‘2. Pettions fo certorar, prohibition or mandamus against inferior courts and other bodies: and b. Petitlone for habeae corpus and U0 warranto, APPELLATE | Review, revise, reverse, modify, oratfim on | Exclusive Appeliate jurisdiction over all appeal ar cerorar the following: final judgments, decisions, resolutions, 2. Allcases in which the Cconstitutonaity or vatty of any teealy, international o executive agreement, law, presidential decree, prostamation, order, Instruction, frdinance or regulation is in question; ‘Al 03588 Involving the legality of any tax. impact, essessment, or tll, or ‘any ponalty imposed in relation thoreto; Al cases in which the juridiction of ‘any lower courtis in esue; ‘Alleriminal cases in ii the penalty imposed is rectusion erpetva oF higher, All cases in which only an error or ‘evestion of law is involved orders or awards of RTC and quasiusiclal agencies except those faling within the appellate urisetion of the Supreme Coun in accordance wih the Consituton, Labor Code, BP. 129 and of subparagraph 1 af tne 3% paragraph ‘ate subperagraph 4 of °F the 2" paragraph of section 17. of the Judiciary Act of 1948. ‘ORIGINAL ‘EXCLUSIVE, Offenses punishable with imprisoament NoT exezesing 80 (6) years | which exces irrespective of the | years impr amount of fine, and | and regardless of other imposable accessory oF ogee on ‘soriont ane. a oot RRA yo ei on coer 2, dagen 2 | firespecive of kind, | under the exclush ws sae REMEDIAL LAW JURISDICTION Ce SUA ors ‘hereof, Sendiganbayan ©. Otter oftesos or felonies whethor 2 Offenses involing | Note: In cases where the Simple or comploxed Damage “T0 | only penalty 8 fine, the wrth other etmes, PROPERTY through | amount thereof sal | 2. The tender carsnatng ‘iminal negigence determine utsciston, it | thovoflonse ime s So, the amount EXCEED | andeele a pubic ofeal Note: In cases where he only | P4009." RTS nave | Seccpyinga mois fenaly is fie, the emourt | jufscition (adnr Cro | Sanatfadon “Seas rade thereof Shall” determine | 94) 27 and higher Jurscteton. fie amount does 3. The offense was NOT exceed P4000, TCs commited in relation to have jurssion (Adm: Cir 09. oie. 24) eCHEEEEHE i & Those covered by he | Farily Coun Criinat’ | Chand crminal Gasca Bed | Res on Summary cases nhere Dutsuant 10. an in connection Provesire: 2 Oneerrmore ofthe | with Executive Orser Now fe a" Violations of rate accused isfre brow | 14) and 140 (fled by PEGG) fawo, roles ond igneen (18) years reoultions toge but rot eae ». Visions ofthe than rine () yeas of rental aoe. oF @. Vilations of b_Wihare ons ofthe municipal or ity vicina minor srdinanees the te ofthe a. Violatons ct BP 22, | commassion of ne ctherwise own as | oftonse Bouncing Checks «Capes against mnors Law (Al. ie 09-11- |" Sogneabie uaer ine 07°50, etecve Apri | Bangerowe Org Act 18, 2003), 4. Vilations of RA e. Al other oiina |” Zora othenmse cases where the | frown athe penaly ‘S| "Sper Brovecn of imprscrment not | Cntren Agomnet | Sroveding 5 montne | Smid abace ! andor P 7.000 tre | Exploitation and irospecive of other | Belsminaan Aer Benalies or owl | smenaeay Ba fepities wnsing | 7650" ana theteflom and in | © Cabos ef domestic tienes’ imWving |” wolonce sgenat damage to property | Women and ition theough Samal nepligence wera the 7 Impossbie fino rot xeeding P40.000, over tise pel i we 7 | excittive otne San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS Ce oi Pe OTN Z Cos "APPELLATE, ‘AI cases decided by the | Appeals from the fin MTC in their reepactive terttrial jurisdiction, judgments, — resolutions orders of regular courts where all the accused are oncupying positions lower thon salary Grade 27 or not otherwise covered by the precéding enumeration eet eemaa EXCLUSIVE | Patifion for cactiorad, prohibition and | Actions for annulment of judgment of the ORIGINAL | mandamus against Court of Appeals and | Regional Trial Courts | Sansiganbayan, ames of Terrorism under Human Security Act of 2007. ‘CONCURRENT | Wih tha” GA paltions for caviorar, | With the SC: peltions {or cerliorar, prohibition prohibition and mandamus against the | ans mandamus against the RTC's RIC ‘With the GA and RTC: petitions for With the SC and RTO: petitions for ceriora centorai, prohiption and mandamus pranbiiion ana mandamus against the MC's. against the MTC's, ‘APPELLATE | By petition for review on Gertorart By Notice of Appeal > From the cA: From the RTC in the exerdise of its original |< From the Senciganhayan; Jurisdiction, except those eppeatabie to the From the RTC wnore only an error | Senciganbeyan, (or question ofl is involved From the RTC where penalty imposed is Note: In People vs. Meteo, G.R Nes, | ractsion pempetua ‘or fe imprisonment of T47678-87, sluly 7. 2004 the Supreme | where a lesser penaky iS imposed but for Court held that while the Fundamental Law | ffatses commited on the same occasion of requires @ mandatory fever by ihe | whith arose out of the Same pecurrence that | Subceme Gourt of cases were the penalty | gave rise to the more eerous offense fr which | imposed is. rectusion perpalue, Ife | the penalty of death, raciusion perpetua, or ie imprisonment, or death, nowhere, however, | imprearment ie imposed (Section 3 Flo 122 has it proscribed an intermediate review. Hi | 38 amended by AM. No 00-8-09-SC). nly Io ensure. utmost ecumspesion | Before the peneky of death. reclesion | BY automatic review (ie. no notice of appeals | perpetua or fe imprisonment is imposes. | Necessary | the Court now “deems. wise and | From the RTC, in cases wherein the death | compeliig, to provide in these cases. | Penal lsimposed | | | twa by the Gout of Apulstwore tho | ose is elevated to the Supreme Court | By pttion fogs bilor determination by the Cour of Appeals “afirom the REGuiniciacs ss fon, particularly, the factual Issues, woukt [ower uaa ee ol | mininige. the” possi of an enor of | Serdkentayen.s= claim against the latter SECTION 4. ANSWER TO A COMPLAINT: INCINTERVENTION Within 18 days ftom notice of the omer sdmitting the same Remedies for the Denial of Intervention: 1. APPEAL: or 2. MANDAMUS, if there Is grave abuse of discretion. + If there is improper granting of intervention, the remedy of the party is certiorari as eae ‘SECTION 1. CALENDAR OF CASES Preference shall be given 1. Habeas corpus cases; 2. Election cases; 3. . Special civil actions; and 4, Those so required by law. SECTION 2. ASSIGNMENT OF CASES Note: Assignment of cases Is required to be done exclusively by raffle. ie ‘An order to appear a pri ‘and testy or 0 complaint produce Books and | socumants May be servedios | Served onthe on-party Sefendant. | ‘Needs tender of ‘Does not need tender ketometrage, | ortelometrage ond aitercance fee and | other fees, reascnabie cost of rodsction fae SECTION 1. SUBPOENA AND SUBPOENA DUCES Tes “aifésled to a fing him an Ho: testity:athechearings arsthe 8160, oF af any investigatgaseon cattptent culhoriy gh epastion : subpoena 3 Peprocess cite {Ring wih hin tie RAGE under tis Bont 1 ee SECTION 2. BY. WHOM ISSUED: Who May tesue: 2 1 Court befor whom the witness is required to attend: si REMEDIAL LAW CIVIL PROCEDURE 2. Court of the place where the deposition’is tobe taken; 3. Officer or body authorized by law to do so in connection with investigations. conducted by said officer or body: or 4. Any Justice of the SC or of the CA in any case or investigation pending within the Philippines. ‘Subpoena to a Prisoner It must be for a valid purpose. If prisoner Tequired to appear in court is sentenced to death, reclusion perpetua or life imprisonment ‘and is confined in prison ~ must be authorized by the Sc. ‘SECTION 3. FORM AND CONTENTS ‘A subpoena: 1. Shall state the name of the court and the tite of the action or investigation; 2. It shall be directed to the person whose attendance is required; and 3. In the case of a subpoena duces tecum, it shall contain ‘a reasonable description of the books, documents or things demanded which must appear to the court to be prima facie relevant. ‘SECTION 4. QUASHING A SUBPOENA ‘A, Subpoena Duces Tecum may be quashed upon: (MPura) 4. Motion promptly made: AND 2. Proof that: 2 Itis unreasonable and oppressive; b. The articles sought to be Produced do nol appear prima facie to be relevant to the issues, © The person asking for the subpoena does not advance the cost for the production of the articles desired B. Subpoena Ad Testificandum may de gusshed if the wines is not bound thereby. in BITHER CASE, the subpoena may be uashed for failure to tender the witness fees and kilometrage allowed by the Rules, SECTION 5, DEPOSiTIONS SUBPOENA FOR SECTION 6. SERVICE Service of subpoena shall be made in the same manner.as personal or substituted service of summons. 4. The original shail be exhibited and a copy thereof be delivered to the person on whom it is served; 2. Tendering to him the fees for one day's attendance or kilometrage allowed by the Rules; except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made: 3. The service must be made so as to allow the witess a reasonable time for preparation and travel to the place of attendance; and 4. If the subpoena is duces tecum, the reasonable cost of producing the books, documents, or things demanded shall also be tendered, ‘SECTION 7. PERSONAL APPEARANCE IN court General Rule: 1. The court which issued the subpoena may issue a WARRANT FOR THE ARREST OF THE WITNESS and make him pay the ‘ost of such warrant and seizure, if the court should determine that his disobedience was wilful AND without just cause(Sec. 8), 2 The refusal to obey a subpoena without Sdequate cause shall be deemed CONTEMPT of the court issuing it (Sec, 9) SECTION 10. EXCEPTIONS competing of gt (Sec. 9) do Provisions: regarding the 'gBOT appl one Behe Was 891 July 21, 187 San Reba College of Lat 2011 CENTRALIZED BAR OPERATIONS Eun nesa SECTION 1. HOW TO COMPUTE TIME ‘SECTION 2. EFFECT OF INTERRUPTION * Any extension of time fo file the required Pleading should be counted from the expiration of the period regardless of the fact that the said due date is a Saturday, Sunday, or legal holiday (A.M. No. 00-2- 14-SC, 'as explained in Luz vs. National Amnesty Commission, G.R. No. 1597028, Sept. 24, 2004). RULES OF DISCOVERY Discovery is a device employed by a party to obtain information about relevant matters on the case from the adverse party in the reparation for trial (Riano, 2007, p. 310) Purpose: To enable thé parties to obtain the fullest possible knowledge of the Issues and evidence long before the trial to prevent such trial from being carried on in the dark Modes of Discovery under the Rules of Court (D-DIAPP) \ 1, Depositions pending action (Rule 23); | 2 Bepositions ‘before action or pending appeal (Rule 24), \ Interrogetories to parties (Rule 25); Admission by adverse party (Rulo 26); Brocucton or inspection of Gocuments, or things (Rule 27); and Physical and mental persons (Rule 28). examination of + Modes of Discovery are intended to be CUMULATIVE, and not alternative nor mutually exclusive, Note: Discovery is NOT MANDATORY but failure 10 av and 26. carries sanctions in Rules 25 SaeIencc Deposition is 2 written testimony of 2 witness given in the course of a judicial proceeding in advance of the trial or hearing upon oral examination of in response to. written interrogatories and where an opportunity if aglven, fer cross-examination, + Depositions are aifferent from affidavits since the latter are ex parte statements without formal interrogation and ‘opportunity for __cross-examination, Affidavits are NOT admissible in evidence except in cases governed by the Rule on ‘Summary Procedure or in ordinary cases Subject to cross-examination, Depositions are intended as a means to compel disclosure of facts resting in the knowledge of a party or other person, which are relevant in a suit! proceeding Classification of Depositions 1. Depositions on oral examination and Depositions upon written interrogatories, 2. Depositions de bene esse - Those taken {er purposes of a pending action (Rule 23); and 3. Depositions in perpetuam rei memoriam — Those taken to perpetuate evidence for purposes of an anticipated action or further proceedings in @ case on appeal (Rule 24). SECTION 1. DEPOSITION PENDING ACTION, WHEN MAY BE TAKEN When Taken: A. With Leave of Court 4. After jurisdiction has been obtained over any defendant or over the property which Is the subject of the action but BEFORE an answer has been filed. Ratio: Leave of court is necessary because the issues are not yet joined and the disputed facts are not yet clear. Se * "B.cwitnout Leave etgourt "BETES. answer AND separ npisons 2 Sthh dnawdpax i diberout of cabundant ieabiiontisairtgsBe onkine safe fide) does not migkomneRewerles of an answer. Thus, when" fangwer ex abudarl Bupteln. js-Nleg, Sebostion may be. made MAITHEUT “jeaye: “of court iRoselte, vs. Lim GR. No. (136051, June 5, 2006) Be Ne REMEDIAL LAW CIVIL PROCEDURE SECTION 2. SCOPE OF EXAMINATION ‘Scope of Examination in Depositions 1, Matter which is relevant fo tne subject of the pending action; ' 2. Not privileged; and 3. Not restricted by a protective order (Sections 16 and 18). SECTION 3. EXAMINATION AND CROSS- EXAMINATION SECTION 4. USE OF DEPOSITIONS Where the witness is available to testify and the situation is not ona of those excepted under Section 4, his deposition is inadmissible in evidence and he should be made to testify ‘Any parson. By any party for ‘contradicting o impeaching the ‘estimony of deponent | Sev | i | 2 parly or any one ‘who af the time ofthe deposition wes an OFFICER, DIRECTOR, or MANAGING AGENT Of a public oF private. | ‘orp. partnership, or associaton waich is & By an adverse party for ary purpose j pany eet Wiiness, whether or | By anv party for any [nota panty. Purpose ifthe court — | finds the $ instances | eee occurring : ‘+ Depositions can be used as evidence by a Party (‘for any purpose") under the specific onditions in Section 4 Five Instances Where Deposition of any Witness may be Used for any Purpose (OR Use) 4, The witness is dead; 2. The witness ‘tesides more than 100 Kilometers from the place of ‘tial or hearing, or is out of the Philippines. Unless it appears that his absence was procured by the party offering the deposition: 3, The witness is unable to testify because of 350. sickness, infirmity, or imprisonment 4. The party offering the deposition has been linable to procure the attendance of the witness by subpoena; OR 5. Upon application and notice, that such exceptional circumstances exist as to ‘Make it desirable in the interest of justice, Note: Certiorari will not lie against an order admitting oF rejecting a deposition in evidence. The remedy is an appeal from the final judgment, Ratio: Because it is merely an error of law not grave abuse of discretion, SECTION 5. EFFECT OF SUBSTITUTION OF PARTIES SECTION 6. OBJECTIONS TO ADMISSIBILITY SECTION 7. TAKING DEPOSITIONS EFFECT OF A party shail not be deemed to make a person his own witness for any purpose by taking his deposition because depositions are taken for iscovery and not for use as evidence. Exception: If a party offers the deposition in evidence. then he is deemed to have made the deponert his witness (Sec.8) Excoption to the exception: UNLESS tne ‘deposition is that of an opposing party OR the: deposition is used to impeach or contradict the deponent (Sec. 8) SECTION 9. REBUTTING DEPOSITION SECTION 10 AND 11. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN. Within the Philippines: 4. - Judge: ‘5 Bees, petsor.s authored. z isoed oy the’ Bares in San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS SECTION 12, COMMISSION OR LETTERS ROGATORY Commission is an instrument Issued by 2 court of justice, or other competent tribunal, 10 authorize a person to take depositions or do any other act by authority of such court or ‘vibunel, Letters Rogatory is an instrument sent in the name and by the authority of a judge or court to another, requesting the latter to cause to be examined, upon interrogatories filed in a case Pending before the former, a witness who is within the jurisdiction of the judge or court 10 whom such letters are addressed (Feria, 2001, Pp. 518) Issued to a non-jdicial foreign officer wine wil directly take the. testimony Lotiors Rogatory Issued to the ‘appropriate judicial offcerof the foreign Country wico wil direct somebody in said foreign country to take down testimony. ‘Applicable rules of procedure are those of {he foreign court requested to act, Resorted to the ‘execution ofthe ‘commission is refused ‘Appkosble wulos of [procedure are these of {he requesting court Resored to? Permission of the foreign country is aiven inthe foreign county. Leave ofcourtisnot | Leave af court i= necessary, necessary. - SECTION 13. DISQUALIFICATION BY INTEREST NO depostion shal be taken beore = person wes 1, A relative within the 6" degree of affinity or consanguinity 2 An employee ar counsel of any of the fee 3. Retaive ithin| the same deoree, of eimpioyec of such course aed 4. Fano terested iso aston SECTION 14. STIPULATIONS REGARDING TAKING OF DEPOSITONS SECTION 15. DEPOSITION UPON ORAL EXAMINATION: NOTICE; TIME AND PLACE SECTION 16 ORDERS FOR THE PROTECTION OF PARTIES AND DEPONENTS SECTION 17. RECORD OF EXAMINATION; OATH; OBJECTIONS: SECTION 18. MOTION TO TERMINATE OR LIMIT EXAMINATION May be Filed: ‘Any time during the taking of the deposition; 2. On motion’ or petition of any party or of the deponent; and 3. Upon showing that the examination is ‘conducted in: a. Bad faith; b. In such manner as unreasonably to annoy, embarrass, or oppress the deponent or party. ‘© When the constitutional privilege against self-incrimination is invoked by deponent or his counsel, the trial court may stop the: examination (Isabela Sugar Co. vs. Macadaeg, GR. No, L-5924, Oct. 28, 1953) etc oer eck Provides such protection during the taking of Gapostion, ote eas Provides protecton to tre pany br wines Beto he ching ot epost oti led withthe couric the acon | spending ‘Motion or pebion is fled inthe court in which the | action fs pending OR the | RTC of the place where the depositions SECTION 19. SUBMISSION TO WITNESS; CHANGES; SIGNING ania % oa BY. OFFI seétions bo é 24 OF PARTY GIVING: iy The court may ander theiparty giving the notice fo pay. suchlcottier party thes amount of reasonable expens eouneel in, 89, attorney's fees ss REMEDIAL LAW CIVIL PROCEDURE SECTION 25. DEPOSITION UPON WRITTEN INTERROGATORIES; SERVICE OF NOTICE AND OF INTERROGATORIES SECTION 26. OFFICERS TO TAKE AND PREPARE RECORD SECTION 27. NOTICE OF FILING AND FURNISHING OF COPIES SECTION .28. ORDERS FOR THE PROTECTION OF PARTIES AND. DEPONENTS, SECTION 29. EFFECT OF ERROR AND IRREGULARITIES IN DEPOSITIONS. As to notice ~ Waived unless writen objection is promptly served upon the patty giving the notice, 2..As to disqualification of officer — Waived unless made before the taking oF the deposition begins or as soon thereafter as the disqualification becomes known 3. As to competency and relevancy of evidence — NOT waived by fallure to make them before or during the taking of the deposition unless the ground of the ‘objection is one which might have been obviated or removed if presented at that time, 4. As to oral examination ~ Waived unless Feasonable objections thereto is made at the taking of the deposition As to form of written interrogatories — Waived unless served in writing upan the Party prepounding them within the time allowed 6 As to manner of preparation ~ Waived unless 2 motion to suppress the deposition or some part thereof le made with Feasonable promptness afier such defect is, or with due diligence might have been, ascertained, = A. deposition before action and a deposition pending appeal'are referred to aS perpetuation of tostimony oF peipeliam £0! memorisin because their objective Is 10 Perpetuate the testimony of a witness for future use + Depositions under this Rule are also taken conditionally, to be used at the tial city in case the deponent is not availasis 56 ‘+ Depositons under this Rule do not prove the existence of any right and the testimony perpetuated is not in aself conclusive proof, either of the existence of any right or even of the facts to which they telate, as it can be controverted at the tial jn the same manner as though no perpetuation of testimony was ever had. However, in the absence of any objection to its taking, and even if the deponent aid not testify at the hearing, the perpetuated testimony Constitutes prima facie proof of facts referred to in the deposition SECTION 1. DEPOSITION BEFORE ACTION; PETITION A petition may be filed by any person: 1. Who wants to perpetuate his own testimony; or 2. Who wants to perpetuate the testimony of another person. Note: This may be availed of ONLY in civil ‘eases and NOT in criminal cases. For example, the petitioner has @ cause of action which has not yet accrued. In such a case, inasmuch as he cannot bring the action until the cause of action accrues, he may Perpetuate his testimony or that of another person (Feria, 2001, p, 534). SECTION 2. CONTENTS OF PETITION ‘The petition shall be veritied and shall be fled in the place of residence of any expected adverse party. It shall contain the matters set forth in Sec. 2 of Rule 24. SECTION 3. NOTICE AND SERVICE fhotice yron Hon cored TaNicon ois pected adivsloe pany topether San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS SECTION 6. USE OF DEPOSITION !t deposition is taken under this Rule, it may be used in_any action involving the SAME ‘SUBJECT MATTER subsequently brought. SECTION 7. APPEAL DEPOSITIONS PENDING Depositions are taken pending appeal with the view to their being used in the event of further proceedings in the COURT OF ORIGIN or APPELLATE COURT. For example, a party may perpetuate the testimony of a witness which was objected by the adverse party aitd ruled out by the coun. If the appeliate ‘court should reverse the decision/order of the lower court, it could admit the deposition as ADDITIONAL EVIDENCE or remand the case back to the lower court for such ADMISSION in accordance with Sections 4 and 5 of Rule 23 (Feria 2001, p. 537), ST Anaaalihe ae Purpose of Written interrogatories: To elicit facts from any adverse party (anawers may also be used as admissions of the adverse party) ‘+ Written interrogatories and the answers thereto must both be FILED and SERVED. Hence. the answers may constitute a3 JUDICIAL ADMISSIONS (Seo. 4 Rule 129), Ea ‘A party may properly Seek disclosure only of matters which define the issues and become 2 part ofthe pleadings, ees | A party may propery seek claclasure of | meters of proctwmich may later made 2 Ban ofthe records os visence Deer ore occa) ie ns Party or ordinary [mtingss. With intervention or the officer authorized by the court ie take [sepositon No intervention: Witten intorogatories are drecied othe | party himeelt. | As to Scope Direct, cross, redirect, Only one set of ro-cross, interrogatories. Eee No fixed tine, 15 days to answer Unless extensed or reduced by the cour. SECTION 4. INTERROGATION TO. PARTIES; SERVICE THEREOF A party may serve written interrogatories: 1. Without Leave of Court ~ After answer has been served, for the first set of interrogatories. 2. With Leave of Court — Before answer has been served Reason: At that time, the issues are not yet joined and the disputed facts are not yet clear. SECTION 2, ANSWER TO INTERROGATORIES ‘The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them + Answers cannot. be made by an agent or atiomey; answers not made by the parties are nullties (Herrera vol 2 p. 44) +A judgment by default may be rendered against a party who fails to answer written interrogatories, SECTION er NS Ess TERR Sher = Sar Bee cor Spctins 18 hy HPoroves } ret folafe eur Santi seiuiee tnereop witty aa jy eee resal ne cartes! oe. ee ascton a or oe ae ee ony thie leggy te same party is allowed © of count is 7 REMEDIALLAW CIVIL PROCEDURE necessary for sets of interrogatories, succeeding SECTION 5. SCOPE AND USE OF INTERROGATORIES ‘The SCOPE of interrogatories shall be the matters mentioned in Sec. 2 Rule 29. The answers may be USED for the same purpose Provided in Sec. 4 of the some Rule. * Since answers to interrogatories may be used “for the same purposes” as depositions, they may also be the basis of a.summary judginent under Rule 35 SECTION 6. EFFECT OF FAILURE TO SERVE WRITTEN INTERROGATORIES. Uniess a party had been served writen interrogatories, he may not be compelled by the adverse party 1. To give testimony in open court or 2. Give a deposition pending appeal The only EXCEPTION ie when the court allows it for GOOD CAUSE shown and to Prevent a faifure of justice Note: The sanction adopted by the Rules is not one of compulsion in the sense that the Party is being compelled to avail of the discovery mechanics, but one of negation by depriving him of evidentiary sources which would otherwise have been accessible to him, eC esis SECTION 1. REQUEST FOR ADMISSION Purpose of written request for admission: To expedite trial and relieve the parties of the Costs of proving facts which will not be disputed on trial and the truth of which ean be ascertained by reasonable inquiry. When request may be made: At any time after the issues have been joined (afier the responsive pleading has been served), What request may include: 1. Admission of the genuineness of any ‘material and refevant document described in and exhibited with the request 2. Admission of the truth of any material and Felevant matter of fact set forth in the request; of 58 3. Under this rule, a matter of fact not related to any documents may be presented to the other party for admission ot denial Request for eure ‘Must be attached tothe ‘complaint or copied therein, ts genuineness and due ‘execution is deomed impliedly sdmites unless specially denied under oath by the adverse party, Proper ven the genuineness of an evidentiary document fs sought to be admitted. Wee denied under oath, its genuineness is. deemed impiety ‘admitted. Essentially 2 mode of ciscovery, SECTION 2. IMPLIED ADMISSION ach of the matters of which an admission is requested shall be ceemed admitted UNLESS the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission Is requested or setting forth the reasons why he cannot either admit or deny those matters, +The REMEDY of the party, in this case, is to file a motien to be ralieved of the consequences of + the implied admission. The amendment of the complaint per se cannot set aside the legal effects of the request for admission since lis materiality nas not been aifected by the ‘amendment. SECTION 3. EFFECT OF ADMISSION Use: An admission under this Section Is for the purpose of the PENDING ACTION ONLY. ‘nd Cannot be used in other proveeuinge ae rate 01 im fromgiheréattey presenting UNLESS sre aes This Role'diinlie’ Ob to 4 pen the docurfients,or things eubjaee ean San Beda College of Lan 2011 CENTRALIZED BAR OPERATIONS _ must be only those within the possession, ‘control, or custody of a party. any ee ors aia Essentially a mode of discovery, The Rules i imited the parties tothe action, “The order under tis Rule is issued only ‘upon motion with hotice tothe adverse arty ‘A means of competing production of evisance Rmay be directed ta person whether @ party oF nol may be sued upon ‘an ex parte applicaion, SECTION 4. MOTION FOR PRODUCTION OR INSPECTION; ORDER Production of documents affords more opportunity for discovery than a subpoena duces tecum, However, the rule is not intended for use as 2 dragnat or any fishing expedition ‘The DOCUMENTS to be produced: 1. Should not be privileged; and Should constitute or contain evidence Material to any matter involved inthe action, and which are in his (the party ordered) possession, custody, or control 2 + In @ petition for the production of papers and documents, they must be sufficiently Geséribed and identified. Otherwise, the petition cannot prosper * This mode ot discovery does not authorize the opposing party or the clerk or other functionaries of the court to distrain the articles or deprive the person who Produced the same of their possession, even temporarily (Tanda vs. Aldaya, L. 13423, Nov. 23, 1953) Se Seeger ers SECTION 1. WHEN EXAMINATION MAY BE ORDERED ‘This mode of discovery is available in en action in which the mental or physical condition of a party is in controversy +The mento! condition of a pany is in Controversy inproceedings for GUARDIANSHIP over an imbecile or Insane person, while the physical condition of the party’ is generally involved in PHYSICAL INJURIES cases + Since the results of the examination are intended to be made public, the same are not covered by the physician-patient privilege (Sec 24h, Rule 130). SECTION 2. ORDER FOR EXAMINATION Requisites to Obtain an Order for Examination: 4. A MOTION must be filed for the physical ‘and menial examination; 2. The motion must show GOOD CAUSE for the examination; 3. NOTICE to the party to be examined and toall other parties; and 4, The motion shall SPECIFY the time, place, manner, conditions, and scope of the ‘examination and the person or persons by whom itis made. ‘SECTION 3. REPORT OF FINDINGS. {requested by the party examined, the party causing the examination to be made shall deliver to him 3 copy of a detalled written report of the examining physician After such request and delivery, the party causing the examination to be made shall be entitled upon request to recsive from the party examined a like report of any examination, Previously or thereafter made, of the same mental or physical condition. SECTION 4. WAIVER OF PRIVILEGE Where the pany examined requests. and bine capo oe eae! “he sxeminoyeatiis tate ace Se EET yor <2 ste repon of any previous & subgeent “Hyexamination of the. same. phys Stipéniel conditon! NO © <8 ae seen, ory Belen Si dojo “Ecnvovers) boarding Eger pena 59 REMEDIAL LAW, CIVIL PROCEDURE 1 Riera sane my ae toa Sone Saray Th The cours nay upon perer appieston corel a retina deponeh fo arser | Sec, 2 granted and refisal fo | enewor® ited subst! | jit, cour moy reo ‘ho rousing party topey he proponent the apt othe Foasonae expenses inated in obtaining the order, reting Refusal to | eomnoys exe anewor any | Sy Seri ana me ‘estion | wincut Subatnt tiaton, Court may rete the proponent 1 poy to reusing pony be Simonton secconahis, Sxpenace ncurod in etaning ihe ter, elaing aterm 2. reuse to answer ater Ect rected byte Cou | todo so may be considered | secomempt teu Soe Refusal to be wom (See. 2) Gite the disobedient deponent in Contempt of court | The cour may make the following orders: 1. Prohibit the elzobedient baty to imroduce evidence (f physical oF mental condition = Reluse to Te Ratucal to disobedient party to support Seen. of oppose claims or ftesignatea | SiehPose Vefsrarts” |S StH ot lesinas organs | aoeeedues || 4. Stay further procaesings tosubmitto™ | & Dismiss me acon or | (physicat or | proceeding er any part | Pinemeal” | erect examination | 8. Rescer judgment by (See. 3) defsuit egainet dsobacient Party 7. Direct the amtast af any party or egent of a party disobeying any of such orders except an order to subir 10. physical or 60 Refusal To Cr eta Eroenes “The court, upor proper application, issue an order requiring the cther party to pay tim resonable expenses Incurred, including attorney's fees, The cour, on wiction and natioe, may! 1. Stike out all or any pat of any pleading of eisobediont Refusal to ‘Admit under Rule 28 (Sec. 4) | Failure of Party | party: toattend or | 2 Dismiss the action or | serve answers | “ proceeding or any part to written thereot, interrogatories | 3. Enter 2 judgment by dofeutt (See. 5) against disobedient party, 4. Order payment of aceete opeteee | feuredny eater HeESEEEHIEt ingatiomeys fees, | Ifa ary refuses to answer the whole witon Inrrogatanes, Section 6 oy Rule Se appiey, Where a pany retses to answer a natentar Question in the set of writen mioregatonee and ‘despite an erseecompeling fie te aewer, sl ruses to obey ihe orour, Section 52) wit apply (Zepeda. Chine Banking Comoration, OA ho. 175178 etooor S| S006) Expenses and attoey’s fees are not o be imposed upon the Repub ofthe Prippines Uneer tis at Trial is the judicial process of investigating and _detormining the. legal contoversies starting wih the OSB etauicense by te or aan Oe eso Sega! nu! ie PER ae A ae ary eeeprade extSption ee Bament wither i 5 1 ieee one ne ul a, 2. Slimmac/SulgiHent (Rule J5jc0— 3. “ikomenteneangeaice,’ SIE? 4. Judomensiby Conteseiont,.” See" 5 Ath Ereiidicc 2 é . Summary Provedufe; an Stipulation fact San Beds College ot Law 2011 CENTRALIZED BAR OPERATIONS SECTION 1. NOTICE OF TRIAL SECTION 4. REQUISITES OF MOTION TO POSTPONE TRIAL FOR ILLNESS OF PARTY OR COUNSEL Reception of evidence] Not confined in tal But Requisites: andther processes: | Gmbracee several the period forthe Stages of itgation inreducton of evidence | ncening tne rei oth partes, | stage Does not necessary ino pesenipion of evidence in dpen cout but the partes are afforded the opportunity io be her 1. A motion for postponement stating the {ground relied upon must be filed; and 2. The motion must be supported by an affidavit or sworn certification showing: a. The presence of such party or counse! at the trial is indispensable; and b. That the character of his illness is such as to render his non-attendance: excusable, SECTION 2. ADJOURNMENTS AND POSTPONEMENTS, + Postponements are addressed to the ‘A court may adjourn a trial from day to day, Sound discretion of the court. in the and to any stated time, as the expeditious and absence of grave abuse of discretion, it convenient transaction of business may ‘cannot be controlled by mandamus (Olsen require. v. Fressel & Co, GR. No. 12955, Nov. & + 1977), However, the court has no power te adjourn a trial for SECTION 5. ORDER OF TRIAL 1. A period longer than one month for each adjournment, OR Piaintif prasents evidence 2 More than 3 months in all, except. when authorized in writing by the court SECTION 3. REQUISITES OF MOTION TO ‘evidence te support demurrer to evidence: EVIDENCE counterclaim’ J 6. That due diligence has been used to with hearing + MWihe adverse party admits the facts to be given in evidence, the tial will not be postaoned even if he objects or Feserves the right to, object to their admissibility (Feria, Civil Procedure Atmotated. Vol. 1, p. 565). Note: This section COES NOT apply to criminal cases ae the rule on postponements in criminal cases is gavemed by Sec. 2, Rule 119, %. Sunmission of memoranda a REMEDIAL LAW CIVIL PROCEDURE Note: Subject to Section 2 of Rule 31 and unless the court for special reasons, otherwise directs, the trial shall be limited to the issues stated in the pre-tial order. Reverse Ordor of Tris Jn this situation, the defendant ‘evidence ahead of the piaintif presents When Proper: If the defendant in his answer relies upon an affirmative defense, a reverse order of tral is proper. Ratio: Plaintiff need not have to present evidence since judicial admissions do not require proof (See, 2, Rule 129). Note: Evidence offered in rebuttal is not ‘automatically excluded just because it would have been more properly admitted in the case in chief (Regalado, | Remedial Law Compendiun, Volume 1, 9” Ed, p. 378). SECTION 6. AGREED STATEMENTS OF FACT This is known as Stipulation of Facts and is ‘among the purposes of a pre-trial. Under the: Rules, it must be in writing. But it may also be verbally made in open court. Note: If NO EVIDENCE IS PRESENTED and the case is submitted for decision on an ‘agreement of the patties, the court should render judgment in accordance with said agreement The court cannot impose ups the partes 8 judgment different from their compromise agreement However, the compromise agreement must ot be contrary to law, morals, good customs, Public order and public poliey (Philippine Bank of Communications v. Echivert, GR. No. L~ 41795, Aug. 28, 1980) + Stipulations of Facts (SOF) are not permitted in actions for annulment of ‘marriage and for legal separation [May be signed by the nunsel alone who hes_| Must be signed both ‘a special power of vec my pet made verbaty | Swick mvt aia ocimwnting in writing Must be signed both by SECTION 7. STATEMENT OF JUDGE 62 ‘SECTION 8. SUSPENSION OF ACTIONS Under. ARTICLE 2030 of the Civil Code: Every lvl action or proceeding shail be suspended: 1. if willingness to discuss a possible ‘compromise is expressed by ané or both parties; OR 2. It appears that one of the parties, before the commencement of the action or proceeding, offered to discuss a possible compromise but the other party refused the offer SECTION 9 JUDGE TO _ RECEIVE EVIDENCE; DELEGATION TO CLERK OF court. General Rule: The judge shalt personally fecelve and resolve the evidence to be adduced by the parties. HOWEVER, the reception of such evidence may be Uelegated under the following cenditions: 1. The delegation may be made only in defeuits or ex-parte hearings, and in any case where the parties agree in writing 2. The reception of evidence shall be made ‘only by the clerk of that court who is member of the bar; Said cierk shall have no power to rule on objections to any question or to admission ‘of evidence or exhibits; and 4, He shall submit his report and transcripts of the proceedings, together with the objections te be resolved by the court, ‘within 10 deys from the termination of the hearing, VET E ConsoligatiSitiaySYEs SEAR ctions having & cence ag er ne ae x Bronce | conténipigies S-Bitye havea. a, number ol tals creating tied-papty ec wnieh ay Be separately og ‘Constiatifh ts ‘ieretonary hes Exceptions: Conéolisaten becaimée 2 matter of cut wingrithe cases ere: 1 "Pending bétore the sori@judge: OR San Beda College of Raw 2. Filed with different branches of the same RTC and one of such cases has NOT been partially tried, Purpose: To avoid muttiplicty of suits, guard against oppression or abuse, prevent delay, clear congested dockets, simply the work of the trial court and save unnecessary costs and expenses. Requisites for Consolidation: 4, Actions which involve a common question of law or fact: and 2. There must be at least 2 actions pending before the same court, + if filed with DIFFERENT courts, en authorization from the SUPREME COURT is necessary. ‘Three (3) Ways of Consolidating Cases 1. By recasting the cases already instituted Reshaping of the cases by amending the pleading and dismissing some cases and retaining only one case. There must be Joinder of causes of action and of parties; 2 By consolidation proper ‘or by consolidating the oxisting cases — itis a joint ‘rial with joint decision, the cases retaining their original docket numbers: and 3, By test-case method - by hearing only the principal case and suspending the hearing On the otter cases until judgment has been rendered in the principal case. ‘The Cases retain their original docket numbers. consolidation cf cases on appeal and assigned to different divisions of the SC and the CA is also authorized. Note: The consolidation of civil with oriminal cases Is allowed. This is now sanctioned Under Section 2(a), Rule 111 of the Rules of criminal Procedure (Canos v. Peralta, GR. No. L-98952, Aug, $9, 1982). SECTION 2. SEPARATE TRIALS SECTION 1. REFERENCE BY CONSENT Commissioner — 9 person to whom @ case Pending in court is referred, for him to take festimony, hear the parties and report thereon to the court. and upon whose report, i confirmed, judgment is rendered (2 Mati, p. 18: 2011 CENTRALIZED BAR OPERATIONS. ‘+ Reference to a commissioner may be had by the written consent of both parties. Generai Rule: Trial by commissioner depends largely upon the discretion of the court; BUT the following are instances when such appointment is mandatory 41. Expropriation (Rute 67): 2. Partition (Rule 69): 3. Settlement of Estate of a Deceased Person in case of contested claims; and 4. Submission of accounting by executors or administrators. Note: An imegularily in the appointment of 2 ‘commissioner must be seasonably raised In the triat court where the defect could stil be femedied. It can be WAIVED by consent of the parties, express or implied, SECTION 2, REFERENCE ORDERED ON MOTION Situations when reference to a Commissioner may be made ON MOTION: [ETC-Q] ‘Examination of a long account; ‘Taking of an account is necessary: Garrying a judoment or order Into effect; or Question’ of fact, other than upon the pleading arises. SECTION 3. ORDER OF REFERENCE; POWERS OF THE COMMISSIONER Requisites of the Order of Referonce: 1. lemust state the purpose, 2 itmust be in writing: and 3. lt may specify or limit the power of the commission: Powers of Commissigner [RASIR] 1. "Exercise pa Fimergguiote the ‘ Sse Ee (Acts and. .take “a meGsores ‘for the, eficient ge BE 3. Swear winessegisami gay Pe 4 Bssue sudsoenas. ee duces sh ne ‘ 5. Ones a B2ercer of feference, jie UST The Suey of euenc eater i Se Hes Oe Baa 2 Note: Requirement gf hearing: e3nnot_be dispensed wsith as this’ # the essence of due process. S Secon 4 OATH OF COMMISSIONER REMEDIAL LAW CIVIL PROCEDURE SECTION 5. PROCEEDINGS BEFORE THE COMMISSIONER, SECTION 6. FAILURE OF PARTIES TO APPEAR BEFORE COMMISSIONER Where the order was merely to examine the eccounts involved in the counterclaim without any direction to hold hearings, the commissioner do not need the presence of the panties (Froifan v. Pan Oriental Shipping, G.R. No. £6060, September 30, 1954), SECTION 7. REFUSAL OF WITNESS Cisobedience 10 2 subpoena issued by the ‘commissioner is deemed a contempt of the ‘court which appointed the latter. 7 SECTION 8. AVOID DELAYS COMMISSIONER SHALL, ‘SECTION 9. REPORT OF COMMISSIONER Roser aces Ca Ceara ‘Clerk of court must be | Commissioner need not 3 lewyer bea lawyer Clerk of court cannot | Commissioner can rule ule on objections or on | on objections or or admissioity of the admissibily of id | Detegation is made | curing wat, iramomate | SECTION 10. NOTICE TO THE PARTIES OF THE FILING OF REPORT Upon the filing of the report of the commissioner: 1. The parities shall be notified by the clerk: AND. 2. The parties shall be allowed 10 days ‘within which to object to the findings of the report. Note: Objections to the report based upor grounds which were available to the parties during the proceedings before the commissioner shall not be considered by the court, UNLESS they were made before the SECTION 41. HEARING UPON REPORT SECTION 42. STIPULATIONS aS TO FINDINGS When the partics atipuiste that a commissioner's finding shall be final, only 6a questions of law shall thereafter be consideres. SECTION 13. COMPENSATION OF COMMISSIONER Rue nacualeticc SECTION 1. DEMURRER TO EVIDENCE Domurrer to Evidence is a motion to dismiss based on the ground of insufficiency of evidence and 's presented after the plaintft resis his case, Mature: There is only a one-sided tral, ie., it is only the piaintit who has presented evidence, Purpose: To discourage prolonged itigations reer nae ee aoe tis presented attr the | Presented before a plant has ested his | responsive pleadira oese. (answer) Is made by the defendant Itmay be based on any "The ground is based on insufficiency of of those enumerated in evdence, Rule 16. Ifthe metionis denied, | the mation to diemise | « fine defendant may" | is denied, the defendant may fie his present nis evidence | responsive pleading Ifthe motion i granted, the compisintis |sismesed. Tha REMEDY ofthe plointif 1S APPEAL lithe mation to dismiss is granted, compiz is damaged ‘and depending on the ground, the complaint may be re-fled, meee “ine scolinen we : Paes 4 oe eee his vanish case | ceurbadeertor UA of i San Beda College of Law 2011 CENTRALIZED BAROPERATIONS —_/ Ce ee aD een 1d On Appeal evidence, Denial Order of the cours INTERLOCUTORY. | an ADJUDICATION See. 1, Rule 36 (That | ON THE MERITS, Judgment should state | Hence, the Glearly and distinetly the facts and the lave on which itis based), mill not apply, | The donial is NOT. sppealable romero pom ‘May be fled with of for leave of court without leave of cour, Leave of eourt is necessary 80 tnat the accused could resent his evidence Inthe demurrer ie lene Fequirementin Sec. 1, Rule 36 should be ‘complied with, ‘fie cour Tage ifthe cour finda he plaints evidence prosecutian’s evidence inouficient,itwill grant | insufficient, twill grant the demurrer by the demurrer by dismissing the rendering judgment complaint, ‘acquitting the accused, Judgment of ‘acquittal is not Sppealabie; double jeopardy sete-in, ‘Judgment of acqulial ismissal is appealable. | is nol eppeatanie FFoiaimit appeals and | double jeopardy sets | judgments reversed by | in the appellate court it | will decide the ease on | the basis of the plaintiffs evidence with the consequence that the defendant already loses his right to Present evcence; “The judgment ar ‘The plain Fes @ The cour may 7 motion io deny mation | prone dany the lo demunerto motion, evidence. | Foou dens the] Feourt ‘denrrer, defersant wil | cemirie: present hie evida! | Weomurrer was with leave, accused may | i demurrer was | without feave, | | 'Prasent his evicenoe ‘and submits the case for decision based on the prosecution's evidence. Judgment on Demurrer to Evidence is 2 judgment rendered by the court dismissing 2 case upon motion of the defendant, made after plaintiff has rested his case, on the GROUND that upon the facts presented and the law on the matter, plaintif has not shown any right to relief, Note: The requirement under this Rule would apply if the demurrer is granted, for in this event, there would in fact be adjudication Upon the merits of the case, leaving nothing more to be dane (Nepomuceno v. COMELEC, G.R. No. L-60601, Dec. 28, 1989) eT fein TON THE: Judgment on the Pleadings is a judgment tendered by the court if the answer falls 10 or otherwise admits the material allegations of the adverse party's Itis rendered without a trial, or even without 2 pre-trial SECTION 4. PLEADINGS: JUDGMENT ON THE A judgment on the pleadings must be on mmotion of the claimant. HOWEVER, if at the prestial the court finds that a judgment on the ieadings is proper, it_ may vender such en DNS 6 Wyedt Me moots pa - “allegations fake. toceiner With Buth of his hn 25) ae i thle “pleadings Belenca Hy Gis Gr No 20) 1882)" < Allegatii "ea pia by esting as gt Ure rie of Judgmen 2 ae and 4. relevant REMEDIAL LAW CIVIL PROCEDURE 3. Allegations of damages in the complaint. Grounds for Judgment on the Pleadings 1. The answer 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 2 The answer admits material allegations of the adverse party's pleading, Note: By moving for judgment on the Pleadings, plaintiff waives his claim for unliquidated damages. Claim for such ‘damages must be alleged and proved No Judgment on the Pleadings In Actions for: 4. Declaration of Nulity of Marriage; 2. Annulment of marriage; and 3. Legal Separation. Motion te Dismiss ens enor Fie by the plaintiff the answeriaisto | | elim ora party Note: If the complaint states no cause of action, a motion to dismiss should be filed and et a motion for judgment on the pleadings. Filed by a detendant 10 2 complains, counterclaim, cross- ‘A Motion for Judgment on the Pleadings is one that is considered ex parte because upon Particular facts thus presented, the plaintif Is nfited to judgment, or motu’ proprio under Rule 18 (29) (Dino v. Valencia, GR. No. L 43886, July 79, 1989) een ad ‘Summary Judgment is a judgment rendered by @ couit without trai i is clear that there exists NO GENUINE ISSUE or controversy as {fo any material fact, EXCEPT as to the amount of damages, Genuine Issue is an issue of fact which calls fer the presentation of evidence as distinguished from an issue which is a sham, fetitious, contrived, and patently unsubstantial 80 85 NCL Io constitute a genuine issue for tial rae are ae Based onthe | Based solely, rT Pleadin 7 Ean a Dleaaings, | on tre compisint and depositors, | placings, | exidonce. admissions presentation and afidovts. irom ‘Avalabie to | Ganavaly | Aveatle to bom paintit | avaiable only | plant and to he pisintt detendant. | Unless he detendant presente 8 Eountertaim [resis [The answer | Notooue 2 no genie | fais totoncer | noaramer's issue between | anieave or | fiedby ine thepartes, "| ihoeie an | defending ‘2 there may | aamesion ot | pars Deissues but | material these ae | Stogttns, | irelevan. ‘0-day notice [S-day notice | 3-day ratce requted. | requted._| rule sppten May be Tn he mari | On the mer Inenocutary cronie ments = Avalati only | Avalobie | Avoiabem inaction to | ny ecion’ | anyacton recovers | exceni except 96toF ora | anuimentot | annuiment of lguiated sum | mariage or | mariage ot | otmoney or” | log toga! fordecaratory | separation | seteration ‘elie cates, eases [Wed by | mere There ms paint falemcy an | ananer fsa ‘musts fice | answer Hes atany tine ater an Served We! by afyefenca Ser Pay time eveng| 3 Bifate teres el atsrswer specifically 5 9 gama be gh preesing a3; 5954) \Giments “are made oe ical ble A &repecial evil action Soccer as San Beda College of Law 2011 CENTRALIZED BAR OPERATIONS SECTIONS 1 & 2. SUMMARY JUDGMENT FOR CLAIMANT; SUMMARY JUDGMENT FOR DEFENDING PARTY Who can file: 1. Plaintiff: May file the motion after the answer has been served, and therefore, must wait until the issues "have been jpine. 2. Defendant: He can move for summary © judgment at any time, Test: Whether or not the pleadings, affidavits ‘and exhibits in support of the motion are Sufficient to overcome the opposing papers. and to justify the finding that, as 2 matter of Jaw, there is no defense to the action or claim is clearly meritorious (Estrada v. Consolacion, et al, G.R. No. L-40948, tine 29, 1976). SECTION 3. MOTION AND PROCEEDINGS. THEREON ‘The motion must also satisty the requirements under Rule 15, SECTION 4. CASE NOT FULLY ADJUDICATED ON MOTION ‘This authorizes rendition of pertial summary judgment but such is interlocutory in nature ‘and is not a final and appeaiabie judgment (Guevarra v.'CA, G.R. No. L-49017, Aug. 30, 1983). SECTION 5. FORM OF AFFIDAVITS AND ‘SUPPORTING PAPERS Requisites of affidavits: Based on personal knowledge; 2 Set fort ete bo woud semis in evidence; Affiant is competent to testify on matters stated therein; and Certified copies of all papers smust be attached thereto and sewed on the opposing party. SECTION 6. AFFIDAVITS IN BAD FAITH Sanctions: 1. Bay to the other party the amount of the Teasonable expenses including atlorney’s fees: and 2. Affer hearing, adjudged offending pariy guilty of eontempt. Bases of Summary Judgment 1. AFFIDAVITS made — on knowledge 2. DEPOSITIONS of the adverse party or a third party under Rule 23 ADMISSIONS of the adverse party under Rule 26; and 4. ANSWERS to interrogatories under Rule 25. Allintended to show that: @ There is no genuine issue as to any material fact, except damages which must always be proved: and b. The movant is entitled to a judgment as a matter of law. personal + Even if the answer does tender an issue, and therefore a judgment on the pleadings is. NOT proper, @ summary judgment may stil be rendered ifthe issues tendered are NOT genuine, are sham, fictitious, contrived, set-up in bad faith, and patentiy lunsubstantial (Vergara vs. “Suelto, GR. No. L-74766, December 21, 1987). Judgment is the final consideration and Getermination of a court of competent jurisdiction upon the matters submitted to iin an action or proceeding Parts of a Judgment 1. The opinion of the court ~ Contains ihe findings of facts and conclusions of law: 2. The disposition of the case — The final and actual disposition of the rights itigated (the dispositive part); and 2. Signature of the judge (Herrera, p. 145) ine isd ok is Be eisised win fautndiy ig fe sfmine thie matter SBetore 2.

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