Вы находитесь на странице: 1из 96

1

ATENEO DE ZAMBOANGA
UNIVERSITY
COLLEGE OF LAW

SYLLABUS ON
REMEDIAL LAW
REVIEW (PART
I) As Prepared
by ATTY.
FLORIZA P.
SALES and
Prescribed for 4th
Year Law
Students
Atty. Floriza Sales | Remedial Law Review

I. CIVIL PROCEDURE: Rule 1 and


introductory Matters (Rule 2 to 56,
1997 Rules of Civil Procedure)
A. Rule making Power of the
Supreme Court - Section 5(5), Art.
VIII 1987 Constitution. Extent
and Limitations
Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all
courts, the admission to the practice of law,
the integrated bar, and legal assistance to the
under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall
not diminish, increase, or modify substantive
rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme
Court.

Atty. Floriza Sales | Remedial Law Review

B. Applicability of the Rules of


Court in all courts except those as
may be provided by the Supreme
Court. (Section 1 and 2, Rule 1, 1997
Rules of Civil Procedure),and when
not applicable (Section 4)
Section 1. Title of the Rules. These
Rule shall be known and cited as the
Rules of Court. (1)
Section 2. In what courts applicable.
These Rules shall apply in all the courts,
except as otherwise provided by the
Supreme Court. (n)
Section 4. In what case not applicable.
These Rules shall not apply to election
cases, land registration, cadastral,
naturalization and insolvency
proceedings, and other cases not herein
provided for, except by analogy or in a
suppletory character and whenever
practicable and convenient. (R143a)

C. Case governed Section


3, Rule 1
Atty. Floriza Sales | Remedial Law Review

1) Distinction between:
a) civil and criminal actions;
Criminal action- it is an action by
which the State prosecutes a person
for an act or omission punishable
by law.
Civil action one by which a party
sues another for the enforcement or
protection of a right or the
prevention or redress of a wrong.
b) ordinary and special civil
action;
Ordinary Civil
Action
Governed by
ordinary rules

Formal demand
of ones legal
rights in a court
Atty. Floriza Sales | Remedial Law Review

Special Civil
Action
Also governed by
ordinary rules but
SUBJECT to
specific rules
prescribed. Rules 62
to 71.
Special features not
found in ordinary
civil actions.

of justice in the
manner
prescribed by the
court for by the
law.
c) civil action and special
proceedings.
Action

Special
Proceedings
To protect or
To establish a
enforce a right or status, right or a
to prevent or
particular fact.
redress a wrong.
Initiated by
Initiated by petition
complaint
Definite parties
Definite petitioner,
no definite adverse
party.
Answer is filed
Opposition is filed.
Handled by court Heard by court of
of general
limited jurisdiction
jurisdiction
Adversarial
Not adversarial
Atty. Floriza Sales | Remedial Law Review

Statutes of
limitations
applies
15-day appeal
period

Atty. Floriza Sales | Remedial Law Review

No statute of
limitations
30-day appeal
period

2) Classification of
Actions:

Atty. Floriza Sales | Remedial Law Review

a) According to
cause/nature/foundation
Real Action

Personal
Action
Ownership or Personal
possession of propert is
real property sought to
is involved.
be
recovered
or where
damages
for breach
of contract
are sought.
Founded on Founded
privity of real on privity
estate.
of
contract.
Filed in the
Filed in the
court where
court
the property hwere the
or any part
plaintiff or
any of the
Atty. Floriza Sales | Remedial Law Review

Mixed
Action
Both real
and
personal
properties
are
involved.

Founded
on both.
The rules
on venue
of real
actions

there of is
situated.

defendants
resides, at
the option
of the
plaintiff.
Ex. Accion
Ex. Action
reinvidicatoria for sum of
money

shall
govern.

Ex.
Accion
publiciana
with a
claim for
damages.

The distinction is significant in


determining the venue of an action.

Atty. Floriza Sales | Remedial Law Review

10

b) According to place where


instituted
Local Action
Must be brought
in a particular
place where the
subject property
is located, unless
there is an
agreement to the
contrary. (Section
4, Rule 4)
Ex. Action to
recover real
property

Transitory Action
Dependent on the
place where the
party resides
regardless of where
the cause of action
arose subject to
Rule 4, Section4.
Ex. Action to
recover sum of
money

c) According to the object.


Action in
Rem

Action in
Personam

Direct
Directed
against the against
thing itself.
Atty. Floriza Sales | Remedial Law Review

Action
Quasi In
Rem
Directed
against

11

particular
persona.
Jurisdiction Jurisdiction
over the
over the
person of person of
the
the
defendant defendant IS
is not
required.
required.

particular
persons.
Jurisdiction
over the
person of
the
defendant
is NOT
required as
long as
jurisdiction
over the res
is acquired.
A
An action to A
proceeding impose a
proceeding
to
responsibility to subject
determine or liability
the interest
the state or upon a
of a named
condition person
defendant
of a thing. directly.
over a
particular
property to
an
obligation
or lien
Atty. Floriza Sales | Remedial Law Review

12

Jdugment
is binding
on the
whole
world.

Judgement is
binding only
upon parties
impleaded or
their
successors in
interest.
Ex. Probate Ex. Action
proceeding; for specific
cadastral
performance;
proceeding action for
breach of
contract

burdening
it.
Judgment
binding
upon
particular
persons.
Ex. An
action for
partition
action to
foreclose
real estate
mortgage

The distinction is importatnt in


determing whether or not jurisdiction
over the persons of the defendant is
required.

Atty. Floriza Sales | Remedial Law Review

13

D. Commencement of
Actions Section 5, Rule 1.
Section 5. Commencement of action. A
civil action is commenced by the filing
of the original complaint in court. If an
additional defendant is impleaded in a
later pleading, the action is commenced
with regard to him on the dated of the
filing of such later pleading, irrespective
of whether the motion for its admission,
if necessary, is denied by the court. (6a)
1) Elements of a valid jurisdiction in
civil cases. How obtained.
1. The filing of the complaint.
2. Payment of Docket Fees

Atty. Floriza Sales | Remedial Law Review

14

2) Distinction between jurisdiction


and venue in civil cases
Venue
Jurisdiction
Place where the Power of the court
action is
to hear and decide
instituted
a case.
Maybe waived.
Jurisdiction over
the subject matter
over the nature of
the action is
conferred by law
and cannot be
waived.
Procedural.
Substantive.
May be changed Cannot be the
by the written
subject of the
agreement of the agreement of the
parties.
parties.

3) Jurisdiction of the
Supreme Court, Section 5,
Article VIII, 1987
Constitution (concurrent
Atty. Floriza Sales | Remedial Law Review

15

original and exclusive


appellate);
Section 5. The Supreme Court shall
have the following powers:
1. Exercise original jurisdiction over
cases affecting ambassadors, other
public ministers and consuls, and
over petitions for certiorari,
prohibition, mandamus, quo
warranto, and habeas corpus.
2. Review, revise, reverse, modify, or
affirm on appeal or certiorari, as the
law or the Rules of Court may
provide, final judgments and orders
of lower courts in:
a.All cases in which the
constitutionality or validity of any
treaty, international or executive
agreement, law, presidential
decree, proclamation, order,
instruction, ordinance, or
regulation is in question.

Atty. Floriza Sales | Remedial Law Review

16

b. All cases involving the legality


of any tax, impost, assessment, or
toll, or any penalty imposed in
relation thereto.
c.All cases in which the jurisdiction
of any lower court is in issue.
d. All criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
e.All cases in which only an error or
question of law is involved.
3. Assign temporarily judges of
lower courts to other stations as
public interest may require. Such
temporary assignment shall not
exceed six months without the
consent of the judge concerned.
4. Order a change of venue or place
of trial to avoid a miscarriage of
justice.
5. Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading,
practice, and procedure in all courts,
the admission to the practice of law,
Atty. Floriza Sales | Remedial Law Review

17

the integrated bar, and legal


assistance to the under-privileged.
Such rules shall provide a simplified
and inexpensive procedure for the
speedy disposition of cases, shall be
uniform for all courts of the same
grade, and shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts
and quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court.
6. Appoint all officials and
employees of the Judiciary in
accordance with the Civil Service
Law.

4) Jurisdiction of the Court


of Appeals under B.P. 129,
as amended by R.A. 7902
(original concurrent,
original exclusive and
exclusive appellate);
Atty. Floriza Sales | Remedial Law Review

18

"Sec. 9. Jurisdiction. The Court of


Appeals shall exercise:
"(1) Original jurisdiction to issue
writs of mandamus, prohibition,
certiorari, habeas corpus, and quo
warranto, and auxiliary writs or
processes, whether or not in aid of its
appellate jurisdiction;
"(2) Exclusive original jurisdiction
over actions for annulment of
judgment of Regional Trial Courts;
and
"(3) Exclusive appellate jurisdiction
over all final judgments, decisions,
resolutions, orders or awards of
Regional Trial Courts and quasijudicial agencies, instrumentalities,
boards or commissions, including the
Securities and Exchange
Commission, the Social Security
Commission, the Employees
Compensation Commission and the
Civil Service Commission, except
those falling within the appellate
Atty. Floriza Sales | Remedial Law Review

19

jurisdiction of the Supreme Court in


accordance with the Constitution, the
Labor Code of the Philippines under
Presidential Decree No. 442, as
amended, the provisions of this Act,
and of subparagraph (1) of the third
paragraph and subparagraph (4) of
the fourth paragraph of Section 17 of
the Judiciary Act of 1948.
"The Court of Appeals shall have the
power to try cases and conduct hearings,
receive evidence and perform any and all
acts necessary to resolve factual issues
raised in cases falling within its original
and appellate jurisdiction, including the
power to grant and conduct new trials or
further proceedings. Trials or hearings in
the Court of Appeals must be
continuous and must be completed
within three (3) months, unless extended
by the Chief Justice."
5) Jurisdiction of
SANDIGANBAYAN in civil cases
Atty. Floriza Sales | Remedial Law Review

20

under P.D. 1606, as amended by R.A.


8249 (original concurrent and original
exclusive)
Section 4. Section 4 of the same decree
is hereby further amended to read as
follows:
"a. Violations of Republic Act No. 3019,
as amended, otherwise known as the
Anti-graft and Corrupt Practices Act,
Republic Act No. 1379, and Chapter II,
Section 2, Title VII, Book II of the
Revised Penal Code, where one or more
of the accused are officials occupying the
following positions in the government
whether in a permanent, acting or
interim capacity, at the time of the
commission of the offense:
"(1) Officials of the executive branch
occupying the positions of regional
director and higher, otherwise classified
as Grade '27' and higher, of the
Compensation and Position
Atty. Floriza Sales | Remedial Law Review

21

Classification Act of 1989 (Republic Act


No. 6758), specifically including:
"(a) Provincial governors, vicegovernors, members of the sangguniang
panlalawigan and provincial treasurers,
assessors, engineers and other provincial
department heads;
"(b) City mayors, vice-mayors, members
of the sangguniang panlungsod, city
treasurers, assessors engineers and other
city department heads;
"(c) Officials of the diplomatic service
occupying the position of consul and
higher;
"(d) Philippine army and air force
colonels, naval captains, and all officers
of higher rank;
"(e) Officers of the Philippine National
Police while occupying the position of
Atty. Floriza Sales | Remedial Law Review

22

provincial director and those holding the


rank of senior superintendent or higher;
"(f) City and provincial prosecutors and
their assistants, and officials and
prosecutors in the Office of the
Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or
managers of government-owned or controlled corporations, state
universities or educational institutions or
foundations;
"(2) Members of Congress and officials
thereof classified as Grade'27'and up
under the Compensation and Position
Classification Act of 1989;
"(3) Members of the judiciary without
prejudice to the provisions of the
Constitution;
"(4) Chairmen and members of
Constitutional Commissions, without
Atty. Floriza Sales | Remedial Law Review

23

prejudice to the provisions of the


Constitution; and
"(5) All other national and local officials
classified as Grade'27'and higher under
the Compensation and Position
Classification Act of 1989.
"b. Other offenses orfelonies whether
simple or complexed with other crimes
committed by the public officials and
employees mentioned in subsection a of
this section in relation to their office.
"c. Civil and criminal cases filed pursuant
to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in
1986.
"In cases where none of the accused are
occupying positions corresponding to
salary grade '27' or higher, as prescribed
in the said Republic Act No. 6758, or
military or PNP officers mentioned
above, exclusive original jurisdiction
Atty. Floriza Sales | Remedial Law Review

24

thereof shall be vested in the proper


regional trial court, metropolitan trial
court, municipal trial court and
municipal circuit trial court ' as the case
may be, pursuant to their respective
jurisdiction as provided in Batas
Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise
exclusive appellate jurisdiction over final
judgments, resolutions or orders or
regional trial courts whether in the
exercise of their own original jurisdiction
orof their appellate jurisdiction as herein
provided.
"The Sandiganbayan shall have exclusive
original jurisdiction over petitions for
the issuance of the writs of mandamus,
prohibition, certiorari, habeas corpus,
injunctions, and other ancillary writs and
processes in aid of its appellate
jurisdiction and over petitions of similar
nature, including quo warranto, arising
or that may arise in cases filed or which
Atty. Floriza Sales | Remedial Law Review

25

may be filed under Executive Order


Nos. 1,2,14 and 14-A, issued in 1986:
Provided, That the jurisdiction over
these petitions shall not be exclusive of
the Supreme Court.
The procedure prescribed in Batas
Pambansa Blg. 129, as well as the
implementing rules that the Supreme
Court has promulgated and may
hereafter promulgate, relative to
appeals/petitions for review to the Court
of Appeals, shall apply to appeals and
petitions for review filed with the
Sandiganbayan. In all cases elevated to
the Sandiganbayan and from the
Sandiganbayan to the Supreme Court,
the Office of the Ombudsman, through
its special prosecutor, shall represent the
People of the Philippines, except in cases
filed pursuant to Executive Order Nos.
1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged
as co-principals, accomplices or
Atty. Floriza Sales | Remedial Law Review

26

accessories with the public officers or


employees, including those employed in
govemment-owned or controlled
corporations, they shall be tried jointly
with said public officers and employees
in the proper courts which shall exercise
exclusive jurisdiction over them.
"Any provisions of law or Rules of
Court to the contrary notwithstanding,
the criminal action and the
corresponding civil action for the
recovery of civil liability shall at all times
be simultaneously instituted with, and
jointly determined in, the same
proceeding by the Sandiganbayan or the
appropriate courts, the filing of the
criminal action being deemed to
necessarily carry with it the filing of the
civil action, and no right to reserve the
filing of such civil action separately from
the criminal action shall be recognized:
Provided, however, That where the civil
action had therefore been filed separately
but judgment therein has not yet been
Atty. Floriza Sales | Remedial Law Review

27

rendered, and the criminal case is


hereafter filed with the Sandiganbayan or
the appropriate court, said civil action
shall be transferred to the Sandiganbayan
or the appropriate court, as the case may
be, for consolidation and joint
determination with the criminal action,
otherwise the separate civil action shall
be deemed abandoned."
6) Jurisdiction of the Regional Trial
Courts in Civil Cases, under B.P. 129,
as amended (original concurrent,
original exclusive, exclusive appellate,
special jurisdiction).
"Sec. 19. Jurisdiction in civil cases.
Regional Trial Courts shall exercise
exclusive original jurisdiction.
"(1) In all civil actions in which the
subject of the litigation is incapable
of pecuniary estimation;
"(2) In all civil actions which involve
the title to, or possession of, real
Atty. Floriza Sales | Remedial Law Review

28

property, or any interest therein,


where the assessed value of the
property involved exceeds Twenty
thousand pesos (P20,000,00) or, for
civil actions in Metro Manila, where
such value exceeds Fifty thousand
pesos (P50,000.00) except actions for
forcible entry into and unlawful
detainer of lands or buildings,
original jurisdiction over which is
conferred upon the Metropolitan
Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts;
"(3) In all actions in admiralty and
maritime jurisdiction where the
demand or claim exceeds One
hundred thousand pesos
(P100,000.00) or, in Metro Manila,
where such demand or claim exceeds
Two hundred thousand pesos
(P200,000.00);
"(4) In all matters of probate, both
testate and intestate, where the gross
value of the estate exceeds One
Atty. Floriza Sales | Remedial Law Review

29

hundred thousand pesos


(P100,000.00) or, in probate matters
in Metro Manila, where such gross
value exceeds Two Hundred
thousand pesos (P200,000.00);
"(5) In all actions involving the
contract of marriage and marital
relations;
"(6) In all cases not within the
exclusive jurisdiction of any court,
tribunal, person or body exercising
jurisdiction of any court, tribunal,
person or body exercising judicial or
quasi-judicial functions;
"(7) In all civil actions and special
proceedings falling within the
exclusive original jurisdiction of a
Juvenile and Domestic Relations
Court and of the Court of Agrarian
Relations as now provided by law;
and
"(8) In all other cases in which the
demand, exclusive of interest,
Atty. Floriza Sales | Remedial Law Review

30

damages of whatever kind, attorney's


fees, litigation expenses, and costs or
the value of the property in
controversy exceeds One hundred
thousand pesos (P100,000.00) or, in
such other cases in Metro Manila,
where the demand exclusive of the
abovementioned items exceeds Two
Hundred thousand pesos
(P200,000.00)."
a) Personal actions, monetary
claims and damages
b) Real Actions 1) SPOUSES

JORGE
J.
HUGUETE
and
YOLANDA B. HUGUETE vs.
SPOUSES TEOFEDO AMARILLO
EMBUDO
and
MARITES
HUGUETE-EMBUDO, G.R. No.
149554, July 1, 2003
Facts: Spouses Huguete filed for
annulment of Title against the Embudo
Spouses. Pets alleged that their son-inlaw, Teofredo, sold to them a 50 sqm
portion of his 150 sqm land in Cebu for
Atty. Floriza Sales | Remedial Law Review

31

15K. Teofredo acquired the lot from


Padilla via deed of sale and a TCT has
been issued in his name; despite demands
Teofredo refused to partition the lot.
Teofedo filed a MTD on ground of lack
of jurisdiction, he averred that the land is
only 15K and falls within MTC. The RTC
dismissed the case. An MR was filed but
the same was also denied.
Issues: Is the case under MTC or
RTC?
Ruling: In determining whether an
action is one the subject matter of which
is not capable of pecuniary estimation this
Court has adopted the criterion of first
ascertaining the nature of the principal
action or remedy sought. If it is primarily
for the recovery of a sum of money, the
claim is considered capable of pecuniary
estimation, and whether the jurisdiction is
in the municipal courts or in the courts of
first instance would depend on the
amount of the claim. However, where the
basic issue is something other than the
Atty. Floriza Sales | Remedial Law Review

32

right to recover a sum of money, where


the money claim is purely incidental to,
or a consequence of, the principal relief
sought, this Court has considered such
actions as cases where the subject of the
litigation may not be estimated in terms
of money, and are cognizable exclusively
by courts of first instance (now Regional
Trial Courts).
In the case at bar, the principal purpose
of petitioners in filing the complaint was
to secure title to the 50-square meter
portion of the property which they
purchased from respondents.
Petitioners cause of action is based on
their right as purchaser of the 50-square
meter portion of the land from
respondents.They pray that they be
declared owners of the property
sold. Thus, their complaint involved title
to real property or any interest
therein. The alleged value of the land
which they purchased was P15,000.00,
which was within the jurisdiction of
Atty. Floriza Sales | Remedial Law Review

33

Municipal Trial Court. The annulment of


the deed of sale between Ma. Lourdes
Villaber-Padillo and respondents, as well
as of TCT No. 99694, were prayed for in
the complaint because they were
necessary before the lot may be
partitioned and the 50-square meter
portion subject thereof may be conveyed
to petitioners.
Petitioners argument that the present
action is one incapable of pecuniary
estimation considering that it is for
annulment of deed of sale and partition is
not well-taken. As stated above, the
nature of an action is not determined by
what is stated in the caption of the
complaint but by the allegations of the
complaint and the reliefs prayed
for. Where, as in this case, the ultimate
objective of the plaintiffs is to obtain title
to real property, it should be filed in the
proper court having jurisdiction over the
assessed value of the property subject
thereof.
Atty. Floriza Sales | Remedial Law Review

34

WHEREFORE, in view of the


foregoing, the instant petition for review
is DENIED. The Order dated June 27,
2001 of the Regional Trial Court of Cebu
City, Branch 7, dismissing Civil Case No.
CEB-24925, and its Order dated July 26,
2001 denying petitioners Motion for
Reconsideration, are AFFIRMED.

c) Actions not capable of


pecuniary estimation Test for
determining whether subject is not
capable of pecuniary estimation.
(Russel vs. Vestil, 304 SCRA 738;

Copioso vs. Copioso, 391 SCRA 325).


Facts: Petitioners discovered a public
document, which is a declaration of heirs
and deed of confirmation of a previous
oral agreement, of partition, affecting the
land executed by and among the
respondents whereby respondents
divided the property among themselves
Atty. Floriza Sales | Remedial Law Review

35

to the exclusion of petitioners who are


entitled thereto as legal heirs also.
Petitioners filed a complaint,
denominated DECLARATION OF
NULLITY AND PARTITION against
defendants with the RTC claiming that
the document was false and perjurious as
the private respondents were not the
only heirs and that no oral partition of
the property whatsoever had been made
between the heirs. The complaint
prayed that the document be declared
null and void and an order be issued to
partition the land among all the heirs.
Private respondents filed a Motion to
Dismiss the complaint on the ground of
lack of jurisdiction over the nature of the
case as the total assessed value of the
subject land is P5,000.00 which under
section 33 (3) of Batas Pambansa Blg.
129, as amended by R.A. No. 7691, falls
within the exclusive jurisdiction of the
MTC.
Atty. Floriza Sales | Remedial Law Review

36

Petitioners filed an Opposition to the


Motion to Dismiss saying that the RTC
has jurisdiction over the case since the
action is one which is incapable of
pecuniary estimation within the
contemplation of Section 19(l) of B.P.
129, as amended.
Issue: WON the RTC has jurisdiction over
the nature of the civil case.
Held: Yes. The complaint filed before
the Regional Trial Court is one incapable
of pecuniary estimation and therefore
within the jurisdiction of said court.
In Singsong vs. Isabela Sawmill, the
Supreme Court ruled that:
In determining whether an action is one
the subject matter of which is not
capable of pecuniary estimation this
Court has adopted the criterion of first
ascertaining the nature of the principal
Atty. Floriza Sales | Remedial Law Review

37

action or remedy sought. If it is


primarily for the recovery of a sum of
money, the claim is considered capable
of pecuniary estimation, and whether
jurisdiction is in the municipal courts or
in the courts of first instance would
depend on the amount of the claim.
However, where the basic issue is
something other than the right to
recover a sum of money, where the
money claim is purely incidental to, or a
consequence of, the principal relief
sought, this Court has considered such
actions as cases where the subject of the
litigation may not be estimated in terms
of money, and are cognizable exclusively
by courts of first instance (now Regional
Trial Courts).
The main purpose of petitioners in filing
the complaint is to declare null and void
the document in question. While the
complaint also prays for the partition of
the property, this is just incidental to the
main action, which is the declaration of
Atty. Floriza Sales | Remedial Law Review

38

nullity of the document above-described.


It is axiomatic that jurisdiction over the
subject matter of a case is conferred by
law and is determined by the allegations
in the complaint and the character of the
relief sought, irrespective of whether the
plaintiff is entitled to all or some of the
claims asserted therein.

d) Mijares, et al vs. Ranada, et


al., G.R. No. 139325, April 12, 2005
Facts: May 9 1991: a complaint was filed
by ten Filipino citizens representing a
class of 10,000 members who each
alleged having suffered human rights
abuses such as arbitrary detention, torture
and rape in the hands of police or military
forces during the Marcos regime with the
United States District Court (US District
Court), District of Hawaii, against the
Estate of former Philippine President
Ferdinand E. Marcos (Marcos Estate)
US District Court and Affirmed by US
CA: awarded them $1,964,005,859.90
Atty. Floriza Sales | Remedial Law Review

39

Petitioners filed Complaint with Makati


RTC for the enforcement of the Final
Judgment
Marcos Estate filed a motion to dismiss,
raising, among others, the non-payment
of the correct filing fees paying only P410
Petitioners claimed that an action for the
enforcement of a foreign judgment is not
capable of pecuniary estimation
RTC: estimated the proper amount of
filing fees was approximately P472 and
dismissing the case without prejudice
Petition for Certiorari under Rule 65
Issue: W/N the enforcement of a foreign
judgment is incapable of pecuniary
estimation
Held: NO. (But belongs to "other
actions not involving property") petition
is GRANTED.
There is an evident distinction between a
foreign judgment in an action in rem and
one in personam. For an action in rem,
Atty. Floriza Sales | Remedial Law Review

40

the foreign judgment is deemed


conclusive upon the title to the thing,
while in an action in personam, the
foreign judgment is presumptive, and not
conclusive, of a right as between the
parties and their successors in interest by
a subsequent title.
However, in both cases, the foreign
judgment is susceptible to impeachment
in our local courts on the grounds of want
of jurisdiction or notice to the party,
collusion, fraud, or clear mistake of law or
fact. Thus, the party aggrieved by the
foreign judgment is entitled to defend
against the enforcement of such decision
in the local forum. It is essential that there
should be an opportunity to challenge the
foreign judgment, in order for the court
in this jurisdiction to properly determine
its efficacy even if such judgment has
conclusive effect as in the case of in rem
actions, if only for the purpose of
allowing the losing party an opportunity
to challenge the foreign judgment.
Atty. Floriza Sales | Remedial Law Review

41

Consequently, the party attacking a


foreign judgment has the burden of
overcoming the presumption of its
validity. Absent perhaps a statutory grant
of jurisdiction to a quasi-judicial body, the
claim for enforcement of judgment must
be brought before the regular courts.
There are distinctions, nuanced but
discernible, between the cause of action
arising from the enforcement of a foreign
judgment, and that arising from the facts
or allegations that occasioned the foreign
judgment. They may pertain to the same
set of facts, but there is an essential
difference in the right-duty correlatives
that are sought to be vindicated.
Extensive litigation is thus conducted on
the facts, and from there the right to and
amount of damages are assessed. On the
other hand, in an action to enforce a
foreign judgment, the matter left for
proof is the foreign judgment itself, and
not the facts from which it prescinds.
Atty. Floriza Sales | Remedial Law Review

42

As stated in Section 48, Rule 39, the


actionable issues are generally restricted
to a review of jurisdiction of the foreign
court, the service of personal notice,
collusion, fraud, or mistake of fact or law.
The limitations on review is in
consonance with a strong and pervasive
policy in all legal systems to limit
repetitive litigation on claims and issues.
Otherwise known as the policy of
preclusion, it seeks to protect party
expectations resulting from previous
litigation, to safeguard against the
harassment of defendants, to insure that
the task of courts not be increased by
never-ending litigation of the same
disputes, and in a larger sense to promote
what Lord Coke in the Ferrer's Case of
1599 stated to be the goal of all law: "rest
and quietness." If every judgment of a
foreign court were reviewable on the
merits, the plaintiff would be forced back
on his/her original cause of action,
rendering immaterial the previously
concluded litigation.
Atty. Floriza Sales | Remedial Law Review

43

Marcos Estate cites Singsong v. Isabela


Sawmill and Raymundo v. Court of
Appeals:
In determining whether an action is one
the subject matter of which is not capable
of pecuniary estimation this Court has
adopted the criterion of first ascertaining
the nature of the principal action or
remedy sought. If it is primarily for the
recovery of a sum of money, the claim is
considered capable of pecuniary
estimation, and whether jurisdiction is in
the municipal courts or in the courts of
first instance would depend on the
amount of the claim. However, where
the basic issue is something other than
the right to recover a sum of money,
where the money claim is purely
incidental to, or a consequence of, the
principal relief sought, this Court has
considered such actions as cases where
the subject of the litigation may not be
estimated in terms of money, and are
Atty. Floriza Sales | Remedial Law Review

44

cognizable exclusively by courts of first


instance (now Regional Trial Courts).
An examination of Section 19(6), B.P.
129 reveals that the instant complaint for
enforcement of a foreign judgment, even
if capable of pecuniary estimation, would
fall under the jurisdiction of the Regional
Trial Courts.
The complaint to enforce the US District
Court judgment is one capable of
pecuniary estimation. But at the same
time, it is also an action based on
judgment against an estate, thus placing it
beyond the ambit of Section 7(a) of Rule
141. It is covered by Section 7(b)(3),
involving as it does, "other actions not
involving property." The petitioners thus
paid the correct amount of filing fees, and
it was a grave abuse of discretion for
respondent judge to have applied instead
a clearly inapplicable rule and dismissed
the complaint.
Atty. Floriza Sales | Remedial Law Review

45

7) Jurisdiction of the Metropolitan


Trial Courts (MeTC), Municipal
Trial Courts (MTC) and
Municipal Trial Courts (MTC) in
civil cases pursuant to B.P. 129, as
amended by R.A. 7691 (exclusive
original, delegated and special
jurisdiction).
"Sec. 33. Jurisdiction of
Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit
Trial Courts in Civil Cases.
Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit
Trial Courts shall exercise:
"(1) Exclusive original jurisdiction
over civil actions and probate
proceedings, testate and intestate,
including the grant of provisional
remedies in proper cases, where the
value of the personal property, estate,
or amount of the demand does not
exceed One hundred thousand pesos
Atty. Floriza Sales | Remedial Law Review

46

(P100,000.00) or, in Metro Manila


where such personal property, estate,
or amount of the demand does not
exceed Two hundred thousand pesos
(P200,000.00), exclusive of interest,
damages of whatever kind, attorney's
fees, litigation expenses, and costs, the
amount of which must be specifically
alleged: Provided, That interest,
damages of whatever kind, attorney's
fees, litigation expenses, and costs shall
be included in the determination of the
filing fees: Provided, further, That
where there are several claims or
causes of actions between the same or
different parties, embodied in the same
complaint, the amount of the demand
shall be the totality of the claims in all
the causes of action, irrespective of
whether the causes of action arose out
of the same or different transactions;
"(2) Exclusive original jurisdiction
over cases of forcible entry and
unlawful detainer: Provided, That
Atty. Floriza Sales | Remedial Law Review

47

when, in such cases, the defendant


raises the questions of ownership in his
pleadings and the question of
possession cannot be resolved without
deciding the issue of ownership, the
issue of ownership shall be resolved
only to determine the issue of
possession; and
"(3) Exclusive original jurisdiction in
all civil actions which involve title to,
or possession of, real property, or any
interest therein where the assessed
value of the property or interest therein
does not exceed Twenty thousand
pesos (P20,000.00) or, in civil actions
in Metro Manila, where such assessed
value does not exceed Fifty thousand
pesos (P50,000.00) exclusive of
interest, damages of whatever kind,
attorney's fees, litigation expenses and
costs: Provided, That in cases of land
not declared for taxation purposes, the
value of such property shall be
Atty. Floriza Sales | Remedial Law Review

48

determined by the assessed value of the


adjacent lots."
8) What vests upon the court
jurisdiction over the case,
Payment of Docket Fees
(Manchester Development
Corporation vs. CA, 149 SCRA 562;
Sun Insurance Office Ltd. (SIOL)
vs. Asuncion, 170 SCRA 275).
9) Section 6, Rule 1 Construction
Liberal construction in order to promote
their objective of securing a just, speedy
and inexpensive disposition of every
action or proceeding. (Ismael Santos, et. al.
vs. CA, Pepsi, et. al., G.R. No. 141947, July
5, 2001)
In Bank of the Philippine Islands vs. Dando,
G.R. No. 177456, September 4, 2009, the
Supreme Court, held that:
There are reasons justifying the
courts to suspend strict adherence to
the procedural rules such as, (a)
matters of life, liberty, honor or
Atty. Floriza Sales | Remedial Law Review

49

property; (b) existence of special or


compelling circumstances; (c) the
merits of the case; (d) a cause not
entirely attributable to the fault or
negligence of the party favored by the
suspension of the rules; (e) lack of
any showing that it is merely
frivolous or dilatory; and (f) the
fact that the other party will not be
prejudiced thereby.
In the case of Land Bank of the Philippines
vs. Celada, 479 SCRA 495, 502, the
Supreme Court even applied the principle
of liberality of the rules of procedure and
not to dismiss the case on technical
grounds just because the counsel for
petitioner failed to indicate his Roll of
Attorneys number which is even more
important as it indicates if counsel is a
member of the court or not, when It held
that:
x x x On the other hand, the
failure of counsel to indicate his Roll
Atty. Floriza Sales | Remedial Law Review

50

of Attorneys number would not


affect respondents substantive
rights, such that petitioners
counsel could have been directed
to comply with the latter
requirement rather than dismiss
the petition on purely technical
grounds.
x x x Moreover, we have held
time and again that cases should, as
much as possible, be determined on
the merits after the parties have been
given full opportunity to ventilate
their causes and defenses, rather than
on technicality or some procedural
imperfection. After all, technical rules
of procedure are not ends in
themselves but are primarily devised
to help in the proper and expedient
dispensation
of
justice.
In
appropriate cases, therefore, the rules
may be construed liberally in order to
meet and advance the cause of
substantial justice. (citing Al-Amanah
Atty. Floriza Sales | Remedial Law Review

51

Islamic Investment Bank of the Philippines


vs. Celebrity Travel and Tours, Inc., 436
SCRA 356).
PART II. CIVIL ACTIONS
A. ORDINARY CIVIL ACTIONS
(Rule 2 to 56)
Rule 2 Cause of Action must be
based on the sources of obligation
Sections 1 and 2 Basis of every ordinary
civil action; cause of action; definition,
elements, distinction between right of
action and cause of action, illustrations.
(IMELDA RELUCIO vs. ANGELINA
MEJIA
LOPEZ,
G.R.
No.
138497, January 16, 2002; PHILIPPINE
CROP INSURANCE CORPORATION
vs. Court of Appeals, et. al., G.R. No. 169558,
September 29, 2008;
HEIRS OF
GREGORIO
LICAROS;
namely,
CONCEPCION B. LICAROS and
ABELARDO
B.
LICAROS
Atty. Floriza Sales | Remedial Law Review

52

vs.SANDIGANBAYAN
and
REPUBLIC OF THE PHILIPPINES,
G.R. No. 157438, October 18, 2004;
Evangelista vs. Santiago, 457 SCRA 744).
Sections 3 and 4 One suit for a single
cause of action, effect of splitting a single
cause of action, the filing of one or
judgment on the merits to any one shall
be a ground for the dismissal of the other.
(litis pendentia or res judicata.
Sections 5 and 6 Joinder of causes of
action and misjoinder of causes of action;
conditions to effect a valid joinder of
causes of action; effects of misjoinder.
Rule 3 Parties to Civil Action 1) Section 1 Who may be parties (
plaintiff and defendant)
2) Section 2 Parties in Interest Real
party in interest

Atty. Floriza Sales | Remedial Law Review

53

3) Kinds of Parties: - requisites (Sections


3 to 21)
a) Representative parties
b) Spouses
c) Minors or incompetent persons
d) Permissive parties
e) Indispensable parties (Lozano vs.
Ballesteros, 195 SCRA 681).
f)Necessary parties
g) Class suit
h) Alternative defendants
i) Unknown defendants
j) Entity without juridical entity
k) Indigent party
4) What is the effect if : there is nonjoinder of necessary parties; co-plaintiff is
unwilling to join the other plaintiffs; there
is mis-joinder or non-joinder of parties.
(Sections 9, 10 and 11).
5) Section 16 Duty of counsel when a
party dies
Atty. Floriza Sales | Remedial Law Review

54

5) Sections 17, 18 and 19 Effect when


a party who is a public officer dies or
separated from the service; becomes
incompetent or incapacitated, or there
is a transfer of interest during the
pendency of the action.
6) Section 20 Effect if defendant dies
in an action based on contractual money
claims (recovery of a sum of money based
on contract, express or implied) Actions
that survive and actions which do not
survive or extinguished by the death of
the defendant..
6) Notice to the Solicitor General
(Section 22).
Rule 4 - Venue of Actions 1) Real Actions (Section 1)
2) Personal Actions (Section 2)

Atty. Floriza Sales | Remedial Law Review

55

3) Venue of non-resident defendants an


the actions affects the personal status of
the plaintiff or any property of said
defendant located in the Philippines.
(Section 3)
4) Exceptions when not applicable
(Section 4)
a) where the specific rule or law provides
otherwise;
b) agreement based on words of
exclusivity
(BERNOLI
P.

ARQUERO vs. HONORABLE


NAPOLEON J. FLOJO, G.R. No.
L-68111 December 20, 1988).

Rule 5 Uniform Procedure in Trial


Courts; exceptions (Section 1)
PROCEDURE IN
TRIAL COURTS

REGIONAL

Rule 6 Kinds of Pleadings


Atty. Floriza Sales | Remedial Law Review

56

1) Section 1 and 2 Definition of


pleadings and pleadings allowed.
2) Kinds of Pleadings: Sections 3 to 13
a) Complaint definition; distinction
between ultimate and evidentiary facts
b) Answer and kinds of defenses:
(1) negative
(2) affirmative
(3) distinction between specific
and general denials
c) Counterclaims: Compulsory and
Permissive (Alday vs. FGU Insurance
Corp., G.R. No. 138822, January 23,
2001). docket fees for counterclaims
d) Cross-claim
e) Reply
f) Third (Fourth, etc) Party-Complaint
and its answer
3) Section 12 Bringing in new
parties.
Atty. Floriza Sales | Remedial Law Review

57

Rule 7 Parts of a Pleading Sections


1 to 5
a) Caption
b) Body
c) Signature and address
d) Verification
e) Certification against forum shopping
Purpose of the Rule; what constitutes
forum-shopping; test of forum
shopping; sanctions against forum
shopping; effects of non-compliance;
f) Certificate of non-forum shopping
should be signed by the party, not by
the counsel ( Far Eastern Shipping Co. vs.
Court of Appeals, 297 SCRA 30; Five Star
Bus Co., Inc. vs. Court of Appeals, 313
SCRA 367).
g) compulsory counterclaim does not
require certificate against forumshopping (Sto. Tomas University Hospital
vs. Surla, 294 SCRA 382; Estherlita
Atty. Floriza Sales | Remedial Law Review

58

Cruz-Agana vs. Santiago-Lagman, et. al.,


G.R. 139018; April 11, 2005).
h) Signature of one spouse substantial
compliance (Dar vs. Alonzo-Leganto, 339
SCRA 326).
(THE EXECUTIVE SECRETARY vs.
GORDON, G.R. No. 134171 November 18,
1998;
SAMAHAN NG MGA
MANGGAGAWA
SA
SAMMALAKAS SA INDUSTRIYA NG
KAPATIRANG
HALIGI
NG
ALYANSA (SAMMA-LIKHA) vs.
SAMMA CORPORATION, G.R. No.
167141, March 13, 2009; MARANAW
HOTELS AND RESORT CORP. vs.
COURT OF APPEALS, SHERYL
OABEL AND MANILA RESOURCE
DEVELOPMENT CORP., G.R. No.
149660, January 20, 2009).
i) Loreta Torres, et. al vs. Specialized Packaging
Dev. Corp., G.R. 149634, July 6, 2004.

Atty. Floriza Sales | Remedial Law Review

59

Rule 8 Manner of Making


Allegations in Pleadings Sections 1
to 12
a) Section 1 - In general what shall a
pleading contain in methodical and
logical form a plain, concise and direct
statement of the ultimate facts of
which the party pleading relies his
claim or defense; omitting evidentiary
facts.
If a defense is based on law, the
pertinent provisions and their
applicability shall be clearly and
concisely stated.
b) Sections 2 to 6, and 9. How to
allege alternative causes of action or
defenses; conditions precedent,
capacity, fraud, mistake, conditions of
the mind; judgment, official
document or act.

Atty. Floriza Sales | Remedial Law Review

60

c) Sections 7 and 8 actionable


document, how to allege and how to
contest genuineness and due
execution.
d) Sections 10, 11 and 12 How to
make specific denials; effect if
allegations are not specifically denied;
Striking out of pleading or matter
contained therein.
Rule 9 Effect of Failure to Plead
a) Effect of defenses or objections
not raised in a motion to dismiss or
answer (Section 1);
b) Effect of compulsory
counterclaim or crossclaim not set up
(Section 2);
c) Declaration of default; effect of
order of default; remedy to lift
default order; requisites for the
lifting of order of default; effect of
Atty. Floriza Sales | Remedial Law Review

61

partial relief; extent of relief awarded;


where no defaults allowed (Section
3).
Rule 10 Amended and
Supplemental Pleadings
a) Amendments in general, how
amendments are made Section 1
b) Distinction between Amendment
as a matter of right and amendment
as a matter of discretion or with leave
of court (Sections 2 and 3);
- After the defendant has appeared
by virtue of a summons, and
presented a motion to dismiss, he
may be served with the amended
complaint, without need of
another summons and in the same
form and manner that ordinary
motions or papers are served.
(Gumabay vs. Baralin, 77 SCRA 258;
Pan-Asiatic Travel Corp. vs. Court of
Appeals, 164 SCRA 623; De Dios vs.
Court of Appeals, 212 SCRA 519).
Atty. Floriza Sales | Remedial Law Review

62

c) Distinction between formal and


substantial amendments (Section 4)
d) Amendment to conform to the
evidence or authorize presentation of
evidence and Supplemental pleadings
(Sections 5 and 6)
e) Filing and effect of amended
pleading (Sections 7 and 8).
Rule 11 When to file Responsive
Pleadings
a) Answer to ordinary complaint, of
the defendant foreign, or private
juridical entity; to amended
complaint; answer to counterclaim;
answer to third (fourth etc)
complaint; answer to supplemental
complaint. Sections 1 to 5; and 7
b) Reply when to file Section 6
c) Existing counterclaim or
crossclaim; that which matures after
answer; omitted counterclaim or
cross-claim (Sections 8 to 10).
d) Extension of time to plead
Section 11.
Atty. Floriza Sales | Remedial Law Review

63

Rule 12 Bill of Particulars


a) When applied for and purpose
(Section 1)
b) Effect of denied/granted and if
not complied (Sections 2 to 4).
c) Stay of period to file responsive
pleading and nature of bill of
particulars when filed. (Sections 5
and 6).
Rule 13 Filing and Service of
Pleadings, Judgments and other
papers.
a) Coverage, Distinction between
filing and service; manner of filing,
personal or by mail; what papers are
required to be filed and served
(Sections 1 to 4);
b) Modes of service personal or by
mail (Sections 5 to 8)
(1)

personal service

Atty. Floriza Sales | Remedial Law Review

64

(2)
(3)

service by mail
substituted service

c) Service of judgments, final orders,


resolutions personal or by mail
(Section 9)
d) When is service completed:
personal and service by mail (Section
10)
e) Priorities in the modes of service
Section 11
f)Proof of filing and proof or service
Sections 12 and 13
g)

Notice of lis pendens (Section 14)

Rule 14 Summons
a) Who will issue summons; what
are its contents; who will serve
summons and return; alias summons
(Sections 1 to 5).
Atty. Floriza Sales | Remedial Law Review

65

b) Personal service and substituted


service of summons (Sections 6 and
7).
(BIENVENIDO EJERCITO and
JOSE MARTINEZ vs. M.R. VARGAS
CONSTRUCTION, BRION,
MARCIAL R. VARGAS, Sole Owner,
RENATO AGARAO, G.R. No.
172595, April 10, 2008;
FORTUNATO GOMEZ and
AURORA GOMEZ vs. COURT OF
APPEALS, ADOLFO TROCINO and
MARIANO TROCINO, G.R. No.
127692 , March 10, 2004)
c) How service made on the
following defendants: (Sections 8 to
17).
(1) entity without juridical entity;
(2) prisoners;
(3) minors and incompetents;
(4) domestic private juridical
entity;
Atty. Floriza Sales | Remedial Law Review

66

(5) service upon foreign private


juridical entity (doing business in
the Phil)
(6) Service upon public
corporations
(7) Service upon unknown
defendant
(8) Extraterritorial
service

defendant does not reside and is


not found in the Phil., and the
actions affects the personal status
of the plaintiff, or relates to, or the
subject of which, property within
the Phil. In which the defendant
has or claims a lien or interest; or
which the relief demanded consists
in excluding the defendant from
any interest therein; or the
property of the defendant has been
attached within the Phil.; or
residents temporarily out of the
Phil. (with leave of court)
(9) Proof or service personal or
substituted and service by
publication (Section 18 and 19).
Atty. Floriza Sales | Remedial Law Review

67

(10) Voluntary Appearance (Section


20).
Rule 15 Motions
a) What are motions; forms of
motions; contents (Sections 1 to 3)
b) Mandatory Requisites in filing
motions (Sections 4 to 5)
Sections 4 and 5, Rule 15 of the 1997
Rules of Civil Procedure are mandatory
provisions, and they should not just be
ignored. As provided in said rule:
SEC. 4. Hearing of motion.Except for motions which the court
may act upon without prejudicing the
rights of the adverse party, every
written motion shall be set for
hearing by the applicant.
Every written motion required to
be heard and the notice of the hearing
thereof shall be served in such a
Atty. Floriza Sales | Remedial Law Review

68

manner as to ensure its receipt by the


other party at least three (3) days
before the date of the hearing, unless
the court sets the hearing on shorter
notice.
Sec. 5. Notice of hearing. The
notice of hearing shall be addressed
to all parties concerned, and shall
specify the time and date of the
hearing which must not be later than
ten (10) days after the filing of the
motion.
Thus, in many cases, the Supreme
Court has ruled that a motion that does
not contain a notice of hearing is but a
mere scrap of paper. If filed in court it
should be disregarded and ignored,
and is not entitled to judicial
cognizance. It is not even a motion for
it does not comply with the rules, and
hence, the clerk has no right to receive
it. (Goldloop Properties, Inc. vs. CA, 212
SCRA 498, 504; Traders Royal Bank vs.
Atty. Floriza Sales | Remedial Law Review

69

CA, 208 SCRA 199, 205; Prado vs.


Veridiano II, 204 SCRA 654, 666).
A motion which does not meet the
requirement of Sections 4 and 5, Rule 15
is considered a worthless piece of paper
which the clerk has no right to receive
and the court has no authority to act
upon (Cruz vs. CA, 388 SCRA 72, 80).
In Casalla vs. People, 391 SCRA 344,
348, the Supreme Court held:
We have ruled in a number of
cases that the requirements laid down
in the Rules of Court, that the notice
of hearing shall be directed to the
parties concerned and shall state the
time and place for the hearing of the
motion, are mandatory. If not
religiously complied with, they render
the motion pro forma. As such the
motion is useless piece of paper that
Atty. Floriza Sales | Remedial Law Review

70

will not toll the running of the


prescriptive period.
Likewise, in the case of Jehan Shipping
Corporation vs. National Food Authority, 477
SCRA 781, the Supreme Court held:
This Court has indeed held time
and time again that, under Section 4
and 5 of Rule 15 of the Rules of
Court, mandatory is the notice
requirement in a motion, which is
rendered defective by failure to
comply with the requirement. As a
rule, a motion without a notice of
hearing is considered pro forma and
does not affect the reglementary
period for the appeal or the filing of
the requisite pleading.
As an integral component of
procedural due process, the three-day
notice requirement by the Rules is not
intended for the benefit of the
movant. The test is the presence of
Atty. Floriza Sales | Remedial Law Review

71

the opportunity to be heard, as well as


to have time to study the motion and
meaningfully oppose or controvert
the grounds upon which it is based.
The requirement is for the
purpose of avoiding surprises that
may be sprung upon the adverse
party, who must be given time to
study and meet the arguments in
the motion before a resolution by
the court. Principle of natural
justice demand that the right of a
party should not be affected
without giving it an opportunity to
be heard. (See Juan vs. People, 322
SCRA 125; Tan vs. Court of Appeals,
295 SCRA 755; Neri vs. De la Pea,
457 SCRA 538; Community Rural Bank
of Guimba, Inc. vs. Talavera, 455 SCRA
34; Gonzales vs. Balikatan Kilusang
Bayan sa Panalalapi, Inc. 454 SCRA
111).

Atty. Floriza Sales | Remedial Law Review

72

c) Proof of service required; motion day;


omnibus motion; motion for leave
(Sections 6 to 9)
Rule 16 Motion to Dismiss
a) Grounds of motion to dismiss
(a) to (j)
b) Hearing of motion; resolution of
motion, effects if denied and time to
plead, effects if granted (Sections 2 to
5).
c) Pleading grounds of a motion to
dismiss as affirmative defense (Section
6).
Rule 17 Dismissal of Actions
a) Dismissal at the instance of Plaintiff
(Sections 1 and 2)
1) with notice and effects of dismissal
2) upon motion and effects of dismissal

Atty. Floriza Sales | Remedial Law Review

73

b) Dismissal due to fault of plaintiff and


its effects (Section 3)
c) Dismissal of counterclaim, cross claim
or third party complaint (Section 4)
Rule 18 Pre-trial
a) When conducted; nature and
purpose; notice of pre-trial;
appearance of parties; effect of failure
to appear (Sections 1 to 5);
b) Pre-trial Brief and Record of Pretrial (Sections 6 and 7).
Rule 19 Intervention
a) Who may intervene; time to intervene;
pleadings in-intervention; answer to
complaint-in-intervention (Sections 1 to
4)
Rule 20 Calendar of Cases
a) Calendar and Assignment of cases
(Sections 1 and 2)
Atty. Floriza Sales | Remedial Law Review

74

Rule 21 Subpoena
a) Distinction between subpoena
and subpoena duces tecum; by whom
issued; form and contents (Sections 1
to 3);
b) Quashing a subpoena; subpoena
for deposition; service; personal
appearance in court; compelling
attendance; sanctions as contempt
and exceptions (Sections 4 to 10).
Rule 22 Computation of Time
a) How to compute time; effect of
interruption (Sections 1 to 2).
MODES OF DISCOVERY Rule 23
to Rule 29 (Virata vs. Sandiganbayan, G.R.
No. 114331; May 27, 1997).
Rule 23 Deposition Pending Action

Atty. Floriza Sales | Remedial Law Review

75

a) When taken with leave after


jurisdiction over the defendant has been
obtained; without leave if jurisdiction
over defendant has not been obtained
yet; scope of examination (Sections 1
and 2); Distinction between deposition
upon oral examination and deposition
upon written interrogatories (Sections 15
and 25).
b) Use of depositions (Section 4).
1) by any party for impeachment
purposes
2) deposition of a party or of any one
who was an officer, director or a
managing agent of a public or private
corporation or association which is a
party may be used by the adverse party
for any purpose;
3) deposition of a witness whether or not
a party who is dead, more than 100 km
distance from the place4 of trial or
hearing or is out of the Phil., unable to
attend or testify by reason of age,
Atty. Floriza Sales | Remedial Law Review

76

sickness, infirmity or imprisonment, etc.


may be used by any party for any
purposes.
b) Objections to Admissibility; effects of
taking and using deposition (Sections 6, 7
and 8);
c) Persons before whom deposition is
taken within the Phil. And in foreign
countries;
distinction
between
commission and letters rogatory
(Sections 10, 11 and 12).
d) Notice of filing and furnishing copies;
failure to attend of party giving notice;
failure of party giving notice to serve
subpoena; orders for the protection of
parties and deponents; effect of errors
and irregularities. (Sections 21 to 29).
Rule 24 Depositions before Action
or Pending Appeal

Atty. Floriza Sales | Remedial Law Review

77

a) Deposition before action when


and how filed; contents of petition,
notice and service, order and
examination, reference to court and
use of deposition (Sections 1 to 6);
b) Deposition
pending
appeal
(perpetuation of testimony) Section 7.
Rule 25 Interrogatories to Parties
a) Distinction between deposition
through written interrogatories and
interrogatories to parties;
b) When filed with or without leave
of court, with leave of court after
jurisdiction over the defendant has
been acquired. (Section 1)
c) Answer
to
interrogatories,
Objections, Number, scope and use
of interrogatories; effect of failure to
serve
written
interrogatories.
(Sections 2 to 6).

Atty. Floriza Sales | Remedial Law Review

78

Rule 26 Admission By Adverse Party

a) Request for admission to be filed


at any time after issues have been
joined, without need of leave of court
(Section 1);
b) Effect if failed to serve within 15
days or as the court may direct, a
sworn statement of admission or
denial or set forth why he could not
deny or admit; and objections thereto.
(Section 2);
c) Effect of admission; withdrawal of
admission; effect of failure to file and
serve a request for admission.
(Sections 3 to 5).
d) In Laada vs. CA, G.R. No. 102390;
Nestle Phil., Inc. vs. CA, G.R. No. 102404,
February 1, 2002 May the counsel of a
party for whom a written request for
admission is addressed under Section 1,
Atty. Floriza Sales | Remedial Law Review

79

Rule 26 answer such request for his


client? Yes.
d)
Rule 27 Production or Inspection of
Documents or Things
a) when to file always with leave of
court by way of motion; scope
(Section 1);
Rule 28 Physical and Mental
Examination of Persons
a) When may be ordered in an
action in which the mental or physical
condition of party is in controversy;
always with leave of court. (Section 1).
b) Order of examination; report of
findings; waiver of privilege.
Rule 29 Refusal to Comply with
Modes of Discovery
Atty. Floriza Sales | Remedial Law Review

80

a) Sanctions on refusal to answer


(Section 1);
b) Contempt and other consequences
(Sections 2 and 3);
c) Expenses on refusal to admit;
failure of party to attend or serve
answers; expenses against the
Republic of the Phil.(Sections 4 to 6).
Rule 30 Trial
a) Notice of trial, adjournments and
postponements (Sections 1 and 2);
b) Requisites of motion to postpone
for absence of evidence; or illness of
party or counsel (Sections 3 and 4);
c) Order of trial (Section 5);
d) Agreed statement of facts;
Statement of Judge; Suspension of
actions; and judge to receive evidence;
delegation to clerk of court (Sections
6 to 9).
Rule 31 Consolidation or Severance
Atty. Floriza Sales | Remedial Law Review

81

a) Distinction between consolidation


and severance; consolidation and
permissive joinder of parties (Sections
1 and 2).
Rule 32 Trial by Commissioners
a) Reference may be ordered only
upon consent of both parties, and
with motion (Sections 1 and 2);
b) Order of reference and powers of
the commissioner; oath , proceedings,
report of commissioner, notice to
parties of the filing of repot; Hearing
upon Report; stipulations as to
findings, compensarion (Sections 3 to
13).
Rule 33 Demurrer to Evidence
a) When filed, who will file, grounds,
requisites, effect if denied or granted
(Section 1)
Atty. Floriza Sales | Remedial Law Review

82

b) Distinction between demurrer to


evidence in civil case and criminal
cases.
Rule 34 Judgment on the Pleadings

a) When filed, who will file, grounds,


requisites, effect if denied or granted
(Section 1).
b) Distinction between motion to
dismiss and motion for judgment on
the pleadings;
Rule 35 Summary Judgments
a) When filed, who will file, grounds
for filing, requisites, effect if denied or
granted (Sections 1 and 2);
b) Motion to be served at least ten
(10) days from hearing (Section 3)

Atty. Floriza Sales | Remedial Law Review

83

c) Distinction among judgment by


default, judgment on the pleadings
and summary judgment.
d) Case not fully adjudicated on
motion (Section 4);
e) Form and contents of Affidavit
and effect of affidavit in bad faith.
(Sections 5 and 6).
Rule 36 Judgments, Final Orders
and Entry Thereof
a) Rendition of judgments and final
orders; requisites, parts of a judgment
(Section 1)
b) Distinction between final order
and final and executory order; Entry
of Judgments and Final Orders
(Section 2)
c)

Kinds of judgments:

1) judgment for one or against one or


more of several parties (Section 3);
Atty. Floriza Sales | Remedial Law Review

84

3) Several judgments (Section 4);


4) Separate judgments (Section 5)
5) Judgment against entity without
juridical personality (Section 6)
6) Distinction between judgment upon
compromise and judgment by
confession.
Rule
37

New
Reconsideration

Trial

or

a) Motion for New Trial who will


file; when to file, grounds for filing
(Section 1)
b) Motion for Reconsideration who
will file; when to file and grounds for
filing (Section 1)
c) Contents and notice of hearing of
motion
for
new
trial
or
reconsideration; requisites, Affidavit
of merit if based on FAME (Section
2).
d) Second motion for new trial - not
existing nor available when the first
Atty. Floriza Sales | Remedial Law Review

85

motion was filed; no second motion


for reconsideration. (Section 3).
e) Effect of granting of motion for
new trial (Section 4)
f)Partial new trial or reconsideration;
effect of order for partial new trial
(Section 5)
g) Effect if motion for new trial or
reconsideration is denied; remedy
(Section 6).
Rule 38 Relief From Judgments,
Orders or Other Proceedings
a) Petition for Relief from judgment,
order or other proceedings; who will
file; when to file; grounds for filing,
requisites, contents (Sections 1 and 3).
b) Petition for Relief from denial of
appeal (Section 2).
c) Order to file an answer (Section 4)
d) Preliminary Injunction pending
proceedings (Section 5)
e) Proceedings after answer is filed
(Section 6)
Atty. Floriza Sales | Remedial Law Review

86

f)Procedure where the denial of an


appeal is set aside (Section 7).
Rule 39 Execution, Satisfaction and
Effect of Judgments
a) Distinction Execution as a matter
of right and execution as a matter of
discretion; who to file, when to file,
subject, grounds, requisites, contents
(Sections 1 and 2).
b) How to stay discretionary
execution or execution pending
appeal, requisites; distinguished from
Section 19, Rule 70); judgment not
stayed by appeal (injunction,
receivership, accounting and support);
effect of reversal of executed
judgment on appeal or otherwise
(Sections 3, 4 and 5)
c) Execution by motion or by
independent action (Section 6)
Atty. Floriza Sales | Remedial Law Review

87

d) Execution in case of death of party


(Section 7)
e) Issuance, form and contents of a
writ of execution (Section 8)
f)How to execute:
1) Money Judgment
2) Judgments for specific acts
3) Special judgments
g) Effect of levy on execution as to
third person and proceedings where
property claimed by third person;
third party claim (Sections 12 and 16);
h) Property exempt from execution;
return of writ of execution
(Sections13 and 14)
i) Notice of sale of property on
execution; penalty for selling without
notice; effect on sale if judgment and
costs are paid; how property sold on
execution; who may direct and
manner of sale; effect if purchaser fails
Atty. Floriza Sales | Remedial Law Review

88

to pay; effect if judgment obligee is the


purchaser; adjournment of sale
(Sections 15, 17, 18,19, 20, 21 and 22).
j) How conveyance made on: personal
property capable of manual delivery;
personal property not capable of
manual delivery; real property;
requisites; certificate of sale if claimed
by third person (Sections 23, 24, 25
and 26).
k) Who are qualified to redeem; time
and manner of, amounts payable on,
successive redemptions; notice; effect
of redemption by judgment obligor;
proof required of redemptioner; who
is entitled to use the property pending
redemption; waste restrained; who is
entitled to rents, earnings, income
pending redemption; deed and
possession to be given at expiration of
redemption period (Sections 27 to 33).
l) Recovery of price if sale not effective;
right
to
contribution
or
reimbursement (Sections 34 and 35);
Atty. Floriza Sales | Remedial Law Review

89

m) Examinations of judgment obligor


(Sections 36 to 43);
n) Entry of Satisfaction of judgment,
obligation of surety and judgment
obligor (Sections 44 to 46);
o) Effect of judgments or final orders
(Section 47)
p) Effect of foreign judgments or
final orders (Section 48).
Rule 40 Appeal from Municipal Trial
Courts to the Regional Trial Courts
a) mode of appeal, where to appeal,
who may appeal, period, grounds,
requisites; effect of appeal (Sections 1
to 9)
Rule 41 Appeal from the Regional
Trial Courts
a) Subject of appeal (A.M. 07-7-12S.C. deleted paragraph a of Section
1)
b) Fresh Period Rule (Neypes vs. CA)
Atty. Floriza Sales | Remedial Law Review

90

c) Modes of appeal (Section 2);


ordinary appeal, petition for review;
appeal by certiorari or petition for
review on certiorari
d) Period of ordinary appeal (fresh
period rule) Section 3
e) Notice of appeal, docket fee,
record on appeal when required and
its approval, joint record on appeal
(Sections 4 to 8).
f)Effect of Perfection of appeal, duty of
clerk of court upon perfection of
appeal;
transcript,
transmittal,
dismissal of appeal (Sections 9 to 13).
Rule 42 Petition for Review From
the Regional Trial Courts to the Court
of Appeals
a) Petition for Review, how appeal
taken or mode of appeal, parties,
nature of petition, when to file; form
and contents; requisites, effect of
failure to comply (Sections 1 to 3).
Atty. Floriza Sales | Remedial Law Review

91

b) Action on the petition, contents of


comments due course, elevation of
records, perfection of appeal,
submission for decision (Sections 4 to
9).
c)
Rule 43 Appeals from the Court of
Tax Appeals and Quasi-Judicial
Agencies to the Court of Appeals
a) Petition for Review, scope, cases not
covered, parties, where to file, when to
file, manner of filing, requisites, contents
of petition; effect of failure to comply
with requirements (Sections 1 to 7).
c) Action on petition; comment,
transmittal of record, effect of appeal,
submission for decision (Sections 8 to 13)
Rule 44 Procedure in the Court of
Appeals Ordinary Appealed Cases a) Title of cases ; counsel and guardians,
order of transmittal of records, docketing;
Atty. Floriza Sales | Remedial Law Review

92

completion and dispensing of records


(Sections 1 to 6)
d) Appellants Brief, Appellees Brief,
Appellants Reply Brief (Sections 7 to 14)
d) Questions that may be raised on appeal
with the Court of Appeals (Section 15).
Rule 45 Appeal by Certiorari to the
Supreme Court
a) Who will file, where to file, period of
Filing, nature, parties, grounds, requisites,
contents, questions that may be raised,
distinguished from Rule 65 (Sections 1 to
6).
Rule 46 Original Cases
a) What cases applicable petitions for
certiorari, prohibition, mandamus (Rule
65); Quo warranto (Sections 1 to 7),
where to file, when, nature, requisites,
form and contents, etc. (Sections 1 to 7).
Atty. Floriza Sales | Remedial Law Review

93

Rule 47 Annulment of Judgments,


Final Orders or Resolutions
a) Coverage, nature, where to file, when
to file, grounds for filing, parties,
requisites, contents, action by the court,
effect of judgment, suspension of
prescriptive period, relief available.
(Sections 1 to 9).
b) Annulment of Judgments or Final
Orders of Municipal Trial Courts (Section
10).
Rule 48 Preliminary Conference
Rule 49 Oral Argument
Rule 50 Dismissal of Appeal
Rule 51 Judgment
Rule 52 Motion for Reconsideration
Rule 53 New Trial
Atty. Floriza Sales | Remedial Law Review

94

Rule 54 Internal Business


Rule 55 Publication of Judgments
and Final Resolutions
Rule 56 Procedure in the Supreme
Court
II. PROVISIONAL REMEDIES
(Rule 57 to 61, 1997 Rules of Civil
Procedure).
Rule 57 Preliminary Attachment
Rule 58 Preliminary Injunction
Rule 59 Receivership
Rule 60 Replevin
Rule 61 Support Pendente Lite
III. SPECIAL CIVIL ACTIONS
(Rule 62 to 71).
Rule 62 Interpleader
Rule 63 Declaratory Relief and
Similar Remedies
Atty. Floriza Sales | Remedial Law Review

95

Rule 64 Review of Judgments and


Final Orders or Resolutions of the
COMELEC and the COA.
Rule 65 Certiorari, Prohibition and
Mandamus
Rule 66 Quo Warranto
Rule 67 Expropriation
Rule 68 Foreclosure of Mortgage
Rule 69 Partition
Rule 70 Forcible Entry and Unlawful
Detainer
Rule 71 Contempt
Note: Part II of Remedial Law Review
for the 2nd Sem shall cover Rule 72 to
109 on Special Proceedings, Rule 110
to 127 for Criminal Procedure and
Rule 128 to 133 for Evidence.
By:
ATTY. FLORIZA
P. SALES
Atty. Floriza Sales | Remedial Law Review

96

Professor

Atty. Floriza Sales | Remedial Law Review

13 May 2015