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CLASSIFICATION of ACTIONS

A. As to the NATURE
ORDINARY Civil Action
Governed by Ordinary Rules

SPECIAL Civil Action


Governed by Ordinary Rules, but SUBJECT to
specific rules prescribed (R 62-71)
Special features not found in ordinary civil
actions

Formal demand of ones legal rights in a


court of justice in the manner prescribed by
law
B. As to the OBJECT
Action IN REM
Action IN PERSONAM
Directed agianst the
Directed against a
THING itself. Although the
PARTICULAR PERSON/s
defendant is sought to be
liable.
Jurisdiction over the
Jurisdiction over the
person NOT required
person of the defendant is
required

A proceeding to
DETERMINE the
STATE/CONDITION of the
THING

Judgment is binding on the


WHOLE WORLD

Ex: probate, cadastral

An action to IMPOSE a
responsibility or LIABILITY
upon a person directly

Judgment is binding only


upon PARTIES impleaded
or their SUCCESSORS-ininterest
Ex: specific perf, breach of
contract

Action QUASI IN REM


Directed against a
PARTICULAR PERSON/s

Jurisdiction over the


person of the defendant is
not required, as long as
jurisdiction over the RES is
aquired
A proceeding to SUBJECT
the INTEREST of a named
defendant over a
particular PROPERTY to an
obligation or lien
burdening it.
Judgment is binding upon
a PARTICULAR PERSON
Partition, foreclosure of
real estate mortgage

The distinction is important in determining the ff:


1. w/n the JURISDICTION OVER THE PERSON OF THE DEFENDANT is required;
2. the type of SUMMONS to be employed
3. upon WHOM THE JUDGMENT IS BINDING
C. As to the CAUSE
REAL Action
PERSONAL Action
MIXED Action
Ownership/possession of
PERSONAL PROPERTY is
BOTH real & personal
REAL PROPERTY is
sought to be recovered or
properties are involved
involved
where DAMAGES for
breach of contract is
sought
Founded on PRIVITY of
Founded of PRIVITY of
Founded on BOTH
REAL ESTATE
CONTRACT
LOCAL because its venue
TRANSITORY because its
The rules on venue of
depends upon the
venue depends upon the
REAL ACTIONS shall
LOCATION of the real
RESIDENCE of the
govern
property in litigation
plaintiff/defendant @ the
option of the plaintiff
Ex. Accion Reinvindicatoria
Ex. Action for a sum of money
Ex. Accion publiciana w/ a claim
for damages
ejectment
Distinction is significant in determining the VENUE of an action
D. As to the PLACE OF FILING
LOCAL Action
TRANSITORY Action
GR: Must be brought in a particluar place
Dependent on the place where a party
where the subject property of a portion
resides regardless of where the cause of
thereof is located,
action arose,
Unless there is an agreement to the
subj to R4S4
contrary
1. Where a specific rule/law provides
otherwise

2. Where the parties have validly agreed


in writing before the filing of the
action on the exclusive venue thereof
Ex. Action to recover sum of money
CAUSE of ACTION
Delict or wrongful act/omission committed by the
defendant in violation of the primary right of the
plaintiff
The reason for the action
The formal statement of alleged facts
Determined by the facts as alleged in the complaint
and not the prayer therein
RELIEF
The redress, protection, award or
coercive measure which the
plaintiff prays the court to render
in his favor as a consequence of
the delict committed by the
defendant

RIGHT of ACTION
Remedial right or right to relief granted by law to a
party to institute an action against a person who
has committed a delict or wrong against him
The remedy or means afforded or the consequent
relief
Right that is given the right to litigate because of
the occurrence of the alleged facts
Determined by substantive law

REMEDY
The procedure or type of action
which may be availed of by the
plaintiff as the means to obtain
the desired relief

VENUE
PLACE where the action is instituted
May be WAIVED
Procedural
May be subject to AGREEMENT by the parties
REQUISITES:
1. In writing
2. Executed by the parties before the filing of
the action
3. There must be exclusivity as to the selection
of venue
Not a ground for motu proprio dismissal
summary procedure
PERMISSIVE COUNTERCLAIM
Does NOT arise nor is it necessarily connected w/
the subject matter of the opposing partys claim
May require for its adjudication the presence of 3RD
PARTIES over whom the court cannot acquire
jurisdiction
NOT BARRED even if not set up in the answer
Considered an INITIATORY pleading
Should be accompanied w/ a
1. C-NFS &
2. whenever required by law, a Cert to File
Action
Must be answered by the party against whom it is
interposed, otherwise he may be declared in
DEFAULT as to the counterclaim

SUBJECT MATTER
The thing, wrongful act, contract
or property which is directly
involved in the action, concerning
which the wrong has been done
and with respect to which the
controversy has arisen.

JURISDICTION
POWER of the court to hear & decide the case
Jurisdiction over the SUBJ MATTER & over the
NATURE of the action is conferred by law & CANNOT
be waived
Substantive
Cannot be subject to agreement

Ground for motu proprio dismissal

COMPULSORY COUNTERCLAIM
ARISES out of or is necessarily CONNECTED w/ the
transaction or occurrence that is the subject matter
of the opposing partys claim
Does NOT require for its adjudication the presence
of 3rd parties of whom the court cannot acquire
jurisdiction
BARRED if not set up in the answer
Not
Not

A compulsory counterclaim that merely reiterates


special defenses are deemed controverted without a
reply. In such case, failure to answer may NOT be a
cause for declaration of default.
The filing of M2D & the setting up of a Compulsory counterclaim INCOMPATIBLE remedies.

CROSS-CLAIM
Against a CO-PARTY

COUNTERCLAIM
Against an OPPOSING PARTY

ARISE out of the transaction w/c is


the subject matter of the original
action or of a counterclaim
therein
No need for leave of court

May arise (COMPULSORY) or not


(PERMISSIVE) out of or be
necessarily connected w/ the
transaction
No need for leave of court

3RD PARTY COMPLAINT


Against a person NOT A PARTY to
the action
Must be in respect of the
opponent (PLAINTIFFS claim)
LEAVE of COURT is needed.

3RD PARTY COMPLAINT


Brings into the action a 3rd paerson who was not
originally a perty
Initiative is w/ the person already a party

COMPLAINT-IN-INTERVENTION
Brings into the action a 3rd person who was not
originally a party
Initiative is w/ a non party who seeks to join the
action

AMENDED PLEADING
Refers to the facts EXISTING at the time of the
commencement of the action
TAKES THE PLACE of the original pleading
Can be made as a matter of right as when no
responsive pleading has yet been filed
When filed, a new copy of the ENTIRE pleading must
be filed, incorporating the amendments, which shall
be indicated by appropriate marks

SUPPLEMENTAL PLEADING
Refers to facts ARISING AFTER the filing of the
original pleading
Taken TOGETHER with the original pleading
Always w/ LEAVE OF COURT

R 13(8) SUBSTITUTED SERVICE of Motions,


Pleadings other papers
When resorted to:
If the offices & residences of both counsel & party
are unknown, & therefore service of pleadings,
motions, notices, reso, orders & other papers cannot
be made either by personal service or by mail
How made:
Delivering to the Clerk of Court:
1. The copy of the paper
2. Proof of failure both of personal service &
service by mail

R14(7) SUBSTITUTE SERVICE of SUMMONS

PROOF of FILING
GR: by its existence in the RECORD
a) If filed PERSONALLY by the
written/stamped ACKNOWLEDGMENT by the
COC on a copy of the same
b) If by REG. MAIL by the:
1. REGISTRY RECEIPT
2. AFFIDAVIT of the person who did the
mailing, with a FULL STATEMENT of:

PROOF of SERVICE
a) PERSONAL SERVICE shall consist of:
1. Written ADMISSION of the party
served
2. Official RETURN of the server
3. AFFIDAVIT of the serving party,
containing full information of the
i) Date
ii) Place

Does not require the filing of a new copy of the


entire pleading

If for justifiable causes, the defendant cannot be


served w/in a reasonable time

By leaving copies either t the DEFENDANTS


a. RESIDENCE with some person of suitable
AGE & DISCRETION, RESIDING therein;
b. OFFICE or regular place of business with
some COMPETENT person IN CHARGE thereof
In summons, personal service means service upon
the defendant himself. The summons must be
delivered to him personally or at least tendered to
him (Service-in-person).
And only if service cannot be made in person to the
defendant will there be a resort to substitute service
in his residence or office.

i)

DATE & PLACE of depositing in


the mail in the post office in a
sealed envelope addressed to
the court;
ii) POSTAGE fully paid
iii) INSTRUCTIONS to the
postmaster to return the mail to
the sender after 10days if
undelivered

iii) Manner of service


b) BY REGISTERED MAIL same as in filing
The Registry Return Card shall be filed
immediately upon its receipt by the sender,
or in lieu thereof, of the unclaimed letter +
certified/sworn copy of the notice given by
the postmaster to the addressee.
c) By ORDINARY MAIL by AFFIDAVIT of the
mailer showing compliance w/ R13(7)

SERVICE of SUMMONS on DIFFERENT ENTITIES


Entity WITHOUT
JURIDICAL
PERSONALITY
a) ANY of
them
b) ALL of
them
c) Person in
charge of
their
office

MINORS &
INCOMPETENTS

PRISONER

MINORS
1. Minor
2. Parent/guardi
an
INCOMPETENTS
1. Incompetent
2. Guardian

Officer having
management
of the jail or
prison
(WARDEN)

*guardian ad
litem

DOMESTIC
PRIVATE
JURIDICAL
ENTITY
a) President
b) Corporate
Secretary
c) Treasurer
d) General
Manager
e) Managing
Partner
f) In-house
Counsel

FOREIGN
PRIVATE
JURIDICAL
ENTITY
REGISTERED IN
THE PH
a) Resident
agent or
any
agent/office
r in the PH
b) Govt official
designated
by law
NOT
REGISTERED,
w/o resident
agent(by leave
of court)
a) Personal
service
coursed
thru DFA
b) Publication
once in the
ngc of its
country +
Registered
Mail of
summons &
court order
to last
known
address
c) Facsimile or
any
recognized
electronic
means that
could
generate
proof of

PUBLIC
CORPORATION
S
RP SolGen
PROVINCE,
CITY, MUN, etc
Executive
head or other
officer/s as the
court may
direct

service
d) Such other
means that
the court
may in its
discretion
direct.

SERVICE of SUMMONS on RESIDENTS TEMPORARILY OUT, etc


DEFENDANT
ACTION
1. RESIDENT
Any
a. Identity & whereabouts
unknown
b. Temporarily out of the PH Any
2. NON RESIDENT not found in the
PH

In rem/ Quasi In rem: either


a. Affects the PERSONAL
STATUS of the plaintiff
b. Relates to or the subject
matter of w/c is the
PROPERTY in the PH in w/c
defendant has a
LIEN/INTEREST
c. Demands a RELIEF w/c
consist of wholly/in part in
EXCLUDING defendant from
an interest in any PROPERTY
in the PH
d. PROPERTY of defendant has
been ATTACHED in the PH

PLEADING
Only 9 pleadings
Purpose:
to submit a claim/defense for appropriate judgment
May be initiatory
Always filed before judgment
Must be in writing
MOTIONS filed before the TRIAL COURT
GR: must contain a notice of hearing (otherwise,
mere scrap of paper & will not interrupt running of
period to file responsive pleading)

SERVICE of SUMMONS
Publication in ngc (w/ LOC)
1. Substituted service
2. Extraterritorial service (w/
LOC)
Extraterritorial Service
a. Personal Service outside
PH w/ LOC
b. Publication in a ngc + Reg
mail of summons & order
of court to last known
address
c. Any othe rmanner the
court deems sufficient

MOTION
Any application for relief not by a pleading is a
motion (definition)
To apply for an order not included in the judgment
Cannot be initiatory as they are always made in a
case already filed in court
May be filed even after judgment
May be oral when made in open court or in the
course of the hearing/trial
MOTIONS filed before the APPELATE COURTS (CA &
SC)
None (there is no motion day)

LITIS PENDENCIA
Simply means that another case is pending between
the same parties founded on the same cause of
action.
It is a non-waivable ground for the dismissal of the
case

NOTICE of LIS PENDENS


A constructive notice in real actions, when the case
involves title to or possession of real property, &
one of the litigants requests the RD to annotate on
the title the fact that there is a pending action bet
the plaintiff & defendant involving this real property.
Even if there is already a pending action, the
interested party need not ask persmission of the
court to register a notice of lis pendens. It is a
ministerial duty on the part of the RD.
But its cancellation cannot be carried out without an
order from the court.
The registered owner of the property will not be
precluded from disposing of the property. But the
transferee or subsequent lien holder cannot be
considered a buyer or lien holder in good faith.

MOTION to DISMISS under Rule 16


Grounded on preliminary objections
May be filed by any defending party against whom a
claim is asserted in the action
Should be filed within the time & prior to the filing
of the answer of the defending party
If DENIED defendant must file an answer, or else
he may be declared in default

MOTION to DISMISS under Rule 33 (Demurrer to


Evidence)
Based on insufficiency of evidence
May be filed only by the defendant against the
complaint
May be filed only after the plaintiff has completed
the presentation of evidence
If DENIED defendant may present evidence

If GRANTED plaintiff may


a. Appeal
b. Or if subseq case is not barred, re-file the
case

If GRANTED plaintiff appeals & the order of the


dismissal is reversed, defendant loses his R to
present evidence

PRESCRIPTION
Concerned w/ the FACT of delay
A matter of TIME
Statutory
Applies at law
Based on a FIXED time

LACHES
Concerned w/ the EFFECT of delay
A matter of EQUITY
Non-statutory
Applies in equity
not

DISMISSAL upon MOTION by PLAINTIFF


Dismissal is at the INSTANCE of the plaintiff

DISMISSAL duto the the FAULT of the PLAINTIFF


Dismissal is NOT procured by plaintiff though
justified by causes imputable to him
Dismissal is a matter of EVIDENCE, an adjudication
on the MERITS.

Dismissal is a matter of PROCEDURE,


Gr: without prejudce
otherwise stated in the plaintiffs motion or order
of the court
Dismissal is without prejudice on the R of the
defendant to PROSECUTE his COUNTERCLAIM in a
separate action unless w/in 15days from notice of
the order of dismissal he manifests his intention to
have his counterclaim resolved in the same action

Dismissal is without prejudice on the R of the


defendant to prosecute his counterclaim on the
same/separate action.

PRE-TRIAL in CIVIL CASES


Mandatory
Purpose:
To enable the parties to settle their differences
amicably (to enter into a compromise agreement)
Parties are required to submit a pre-trial brief
(failurecourt sanctions)
The stipulation of facts arrived at need not be
reduced into writing. The court stenographer takes
down the stipulation & admission.

PRE-TRIAL in CRIMINAL CASES


Mandatory
Purpose:
No such purpose, except in respect to the civil
liability arising from the crime.
There is no pre-trial brief

SET when the plaintiff moves ex parte to set the


case for pre-trial

ORDERED by the court & no motion to set the case


for pre-trial is required from either the
prosecution/defense
The PRE-TRIAL ORDER is issued by the court after
arraignment & w/in 30days from the date the court
acquires jurisdiction over the person of the accused
Not

The MOTION to set the case for pre-trial is made


after the last pleading has been served & filed
Considers the possibility of AMICABLE SETTLEMENT
as an important objective
The proceedings are to be RECORDED in the
minutes to by SIGNED by either the party or his
counsel
The SANCTIONS for NON-APPEARANCE are imposed
upon the plaintiff & defendant
GR: The PRESENCE of the DEFENDANT is REQUIRED.
: duly represented by hi scounsel w/ SPA to enter
into a compromise agreement (otherwise case shall
proceed as if he has been declared in default)

GR: The PRESENCE of the PLAINTIFF is required


: excused for valid cause + represented by a
person fully authorized in writing (otherwise,
dismissal with or without prejudice)

PRE-TRIAL BRIEF is required.

Ex Parte Hearing ordered by the court under Rule 9


(DEFAULT)
Defendant is declared in default & the court orders
the plaintiff to present evidence ex parte
(Presentation of evidence ex parte)
The receipt of evidence could be delegated to the

While the parties can stipulate on facts & on the


admission of certain exhibits, Criminal Procedure
requires that the same must be reduced into writing
& signed, by the accused & his counsel. (Otherwise,
inadmissible against the accused)

All agreements/admissions made or entered into


shall be REDUCED INTO WRITING and SIGNED by
BOTH accused & counsel (otherwise inadmissible
against accused)
Upon the counsel for the accused or the prosecutor
The accused is merely required to SIGN the written
agreement arrived at in the pre-trial confrence, if he
conforms w/ it.
GR: His presence is not indispensable
unless required by the court.
Accused may WAIVE his presence at all
stages of the criminal action
at the arraignment, promulgation of
judgment, or when required to appear for
identification
Presence of the PRIVATE PARTY is NOT required in
the pre-trial .
But he is required to appear the the arraignment of
the accused for the purposes of plea-bargaining,
determination of civil liability & other matters
requiring his presence. (otherwise, should the
accused offer to plead guilty to a lesser offence, he
may be allowed to do so w/ the conformity of the
prosecutor alone)
Pre-trial brief is not required, but only the
ATTENDANCE at the pre-trial conference.
Ex Parte Hearing ordered by the court under Rule 18
(Failure by Defendant to appear during the Pre-trial
or to submit a pre-trial brief)
Defendant is NOT declared in default. The court
issues an order directing an ex parte hearing for the
sole purpose of receiving the plaintiffs evidence.
(same)

Clerk of Court.
The AWARD given by the court is LIMITED to what
has been prayed for in the complaint.

Not limited to the prayer in the pleading. The award


can be as high as what is proved by the evidence
presented by the plaintiff.
What is applied is Rule 10(Amendment of the
Pleading to Conform to the Evidence)

Rationale:
Defendant did not file an answer (he is not willing to
put up a fight)

Defendant has filed an answer. But he is not given


the chance to present evidence because he has
violated a rule.
The order to present evidence ex parte is an interlocutory order & is thus not appealable.
Remedy: M/R
If denied w/ GAD Petition for Certiorari.
INTERVENTION
An ANCILLARY action
Proper in any of the 4 situations (legal interest of
intervenor in the case)
Against either or both the original parties

SUBPOENA
An order to APPEAR or to PRODUCE books & docs
May be served to a NON-PARTY
Needs tender of KILOMETRAGE, attendance fee &
reasonable cost of production FEE

FORM & CONTENTS of


SUBPOENA
State the
1. name of COURT
2. title of ACTION/INVESTIGATION
DIRECTED to the person whose attendance is
required

INTERPLEADER
An ORIGINAL action
Presupposes that the plaintiff has no interest in the
subject matter of the action or has an interest
therein, which in whole or in part, is not disputed by
the other parties in the action
Defendants are being sued precisely to implead
them.
SUMMONS
An order to ANSWER complaint
Served on the DEFENDANT
Does NOT need tender of kilometrage & other fees

SUBPOENA DUCES TECUM


Same
Same
Contain a reasonable DESCRIPTION of the books,
documents, things demanded, which must appeart
to the court to be prima facie relevant.

PERSONS WHOM DEPOSITIONS MAY BE TAKEN


IN THE PHILIPPINES
1. judge
2. notary public
3. any person authorized to administer oaths
(as stipulated by the parties in writing)

COMMISSSION
An instrument by a court/tribunal, to AUTHORIZE a
person to take depositions or do any other act by
autority of such court/tribunal

OUTSIDE THE PH
1. sec of embassy/legation, consul general,
consul, vice consul, consular agent of the PH
2. such person/officer as may be appointed by
commission or under letters rogatory
3. any person authorized to administer oaths
( as stipulated by the parties in writing)

LETTERS ROGATORY
An instrument sent in the name & by authority of a
judge/court to another, REQUESTING the latter to
cause to be examined upon interrogatories filed in

Issued to a non-judicial foreign officer who will


directly take the testimony
Applicable rules of procedure are those of the
requesting court
Resorted to if permission of the foreign country is
given
Leave of court is NOT necessary
INTERROGATORIES
A party may properly seek disclosure of MATTERS
OF PROOF which may later be made a part of the
records as evidence
Seeks to disclose all material & relevant facts from
a party
Not directed to a particular pleading

As to
DEPONENT
As to
PROCEDURE

As to SCOPE

Time to answer

a case pending before the former, a witness who is


within the jurisdiction of the judge or court to
whom such letters are addressed.
Issued to the appropriate judicial officer of the
foreign country who will direct somebody in said
foreign country to take down testimony
Applicable rules of procedure are those of the
foreign court requested to act
Resorted to if the execution of the commission is
refused in the foreign country
LEAVE of court is necessary
BILL OF PARTICULAR
A party may properly seek disclosure only of
MATTERS W/C DEFINE THE ISSUES & become part of
the pleadings
Designed to clarify ambiguities in a pleading or to
state with sufficient definiteness, allegations in a
pleading
Directed to a pleading

DEPOSITIONS UPON WRITTEN


INTERROGATORIES TO PARTIES (R 23)
Party or ordinary witness

INTERROGATORIES TO PARTIES (R 25)

With INTERVENTION of the officer


authorized by the court to take deposition.
NOT served upon the adverse party
directly. Instead, DELIVERED to the
OFFICER before whome the deposition is
to be taken
Direct
Cross
Re-direct
Re-cross
No fixed time

NO intervention.

REQUEST FOR ADMISSION


Proper when the GENUINENESS of an evidentiary
document is sought to be admitted.
If not denied under oath, its genuineness is deemed
impliedly admitted,

Parties only

Written interrogatories are DIRECTED to the


PARTY himself.
Only one set of interrogatories

15days, unless extended by the court

ACTIONABLE DOCUMENT
Must be attached to the complaint or copied
therein.
Its genuineness & due execution is deemed
impliedly admitted unles specifically denied under
oath by the adverse party.

PRODUCTION/INSPECTION OF DOCUMENTS/THINGS
A mode of discovery.

SUBPOENA DUCES TECUM


A means of compelling production of evidence.

For gathering information


Limited to the parties in the action
Order is issued only upon motion with notice to
adverse party
Broader as it may cover inspection of a piece of land
or property.

There is intent to introduce them in court.


May be directed to any person
May be issued upon ex parte application
Covers only documents

DEMURRER TO EVIDENCE
Judgment is rendered by the court after the case
has undergone a ONE-SIDED HEARING.
There are isues presented. The court has received
the evidence-in-chief by the plaintiff and he had a
chance to prove his claim.
DEMURRER TO EVIDENCE
Presented AFTER the plaintiff rested his case
Only ground: insufficiency of evidence
If DENIED defendant may present his evidence
If GRANTED complaint is dismissed.
Remedy of Plaintiff: APPEAL

JUDGMENT ON THE PLEADINGS


There are no issues presented at all by the
pleadings.

MOTION TO DISMISS
Presented BEFORE a responsive pleading (answer) is
filed by defendant
If DENIED defendant may file his responsive
pleading
If GRANTED complaint is dismissed depending on
the ground, the complaint may be re-filed if the
ground is:
a. res judicata
b. prescription
c. demand/claim is
waived/abandoned/extinguished
d. unenforceable under the Statute of Frauds

SUMMARY JUDGMENT
Based on the pleadings,
depositions, & affidavis

JUDGMENT ON THE PLEADINGS


Based solely on the pleadings

Available to both plaintiff &


defendant

Gr: plaintiff only


: unless defendant files
counterclaim
The ANSWER
a. fails to tender an issue; or
b. amounts to an admission
of material allegations
3-day notice
On the merits

There is NO GENUINE ISSUE bet


the parties (the issues presented
may be irrelevant, immaterial,
etc)
10-day notice
May be
a. interlocutory
b. on the merits
If filed by the PLAINTIFF must
be after an answer is served;
If filed by the DEFENDANT must
be before there is an answer

There is already an answer

JUDGMENT BY DEFAULT
Based on the complaint
& evidence, if presentation is
required
Available to plaintiff

No issue, as NO ANSWER is filed


by defending party
3-day notice
On the merits
No answer is filed

MOTION for NEW TRIAL


GROUNDS: FAME N
1. Fraud (extrinsic)
2. Accident
3. Mistake
4. Newly discovered evidence, w/c
i) could not, w/ reasonable diligence,
have been discovered & produced at
the trial &
ii) if presented, would probably alter the
result

MOTION for RECONSIDERATION


GROUNDS: ICE
1. Insufficiency of evidence to justify the
decision/FO
2. Decision/fo is Contrary to law
3. Excessive damages

2nd motion may be allowed so longa s based on


grounds not existing or available at the time the 1st
motion was made

2nd motion from the same party is prohibited (as to


final orders or judgments only)
it is allowed in interlocutory orders

If a new trial is GRANTED


the original judgment/final order is VACATED. The
case stands for trial de novo & will be tried anew.
Available even on appeal, but only on the ground of
newly discovered evidence.
Prohibited in Summary Procedure
MOTION for NEW TRIAL/RECONSIDERATION
Available BEFORE judgment becomes final &
executory
Applies only to:
1. JUDGMENTS
2. FINAL ORDERS

GROUNDS:
FAME N (contained in affidavit)
Filed within the time to appeal

IF DENIED order of denial is NOT APPEALABLE


(although a denial of a M-NT is a final order)
Remedy: Appeal from the judgment citing the
denial as one of the errors
Legal remedy
Motion need not be verified
ORDINARY APPEAL
Matter of RIGHT
All records are elevated from the court of origin
Notice & Record on appeal are FILED w/ the COURT
of ORIGIN
Case was decided by the RTC pursuant to its
original jurisdiction. (originally filed in the RTC)

If GRANTED (meaning the court found that the


damages awarded was excessive, or that the
judgment or fo is contrary to law or evidence)
it may AMEND such judgment/fo accordingly
Avaliable against the judgments/fo of both the trial
court & the appellate courts
same
PETITION for RELIEF from
JUDGMENTS/ORDERS/OTHER PROCEEDINGS
Available AFTER judgment has become final &
executory
Applies to
1. Judgments
2. Final orders
3. Other proceedings:
a. Land registration
b. Special proceedings
c. Order of execution
FAME (contained in affidavit)
Filed
w/in 60 days from knowledge of judgment, AND
w/in 6 months from entry of judgment
(non-extendible & never interrupted)
IF DENIED order denying the petition for relief is
also NOT APPEALABLE (although af final
order)
Remedy: appropriate action under Rule 65
Equitable remedy
Petition must be VERIFIED
PETITION for REVIEW
DISCRETIONARY
No records are elevated
unless court decrees
Filed w/ the CA
Case was decided by the RTC pursuant to its
appellate jurisdiction.

ORDINARY APPEAL
(Appeal by Writ of Error)

PETITION for REVIEW


(Rule 42)

To the CA,
of a case decided by the RTC in
its original jurisdiction

to the CA,
of a case decided by the RTC in
the exercise of its appellate
jurisdiction

Notice of Appeal or Record on


Appeal
filed w/ the court of origin
(RTC),

Verified Petition for Review,


filed w/ the CA
docket & other fees paid +

PETITION for REVIEW on


CERTIORARI
(Rule 45)
To the SC
Of a case decided by the
1. RTC
2. CA
3. CTA
4. Sandiganbayan
Verified Petition for Review on
Certiorari
filed w/ the SC

copy furnished to the adverse


party

Notice of Appeal - w/in 15 days


from the notice of the
judgment
Record on Appeal - w/in 15 days
from the notice of the
judgment

P500 deposit for costs


Proof of service of acopy
furnished to the
1. RTC
2. Adverse party
w/in 15 days from
a. notice of the decision to be
reviewed
b. denial of a M-NT/-R

INJUNCTION
May exceed 20 days
Restrains or requires the performance of particular
acts

ORDINARY SALE ON EXECUTION


Need not be cofirmed by the court

docket & other fees paid +


P500 deposit for costs
Proof of service of acopy
furnished to the
1. Lower court
2. Adverse party
w/in 15 days from
a. notice of the judgment to
be reviewed
denial of a M-NT/-R

TRO
Does not exceed 20 days (RTC)
Does not exceed 60 days (CA)
Maintains the status quo

SALE IN JUDICIAL FORECLOSURE OF MORTGAGE


Must be confirmed by the court in order to divest
the rights in the property of the parties & to vest
the rights in the purchaser

There is RIGHT of REDEMPTION in case of REAL


PROPERTY
Title acquired after the expiration of the redemption
period when final deed of conveyance is executed

There is no right of redemption


by the mortgagor where the mortgagee is a bank
Title acquired upon the entry of the confirmation &
registration of the foreclosure sale

BARRED by PRIOR JUDGMENT


IDENTITY of:
1. parties
2. subject matter
3. cause of action
1st judgment constitutes an ABSOLUTE BAR to ALL
MATTERS
1. directly adjudged
2. that might have been adjudged

CONCLUSIVENESS of JUDGMENT
IDENTITY of:
1. parties
2. subject matter

EFFECT: Preclusion of claims


PRELIMINARY ATTACHMENT (Rule 57)
An AUXILIARY REMED to give security for a
judgment still to be rendered
There is NO SALE
Resorted to @ the commencement of the action, or
at any time BEFORE ENTRY OF JUDGMENT,
For the TEMPORARY SEIZURE of the property of the
adverse party
The proceeds of the sale are in custodia legis
A stranger claiming ownership/interest over the
attached property has the ff remedies:
1. Terceria or 3rd party claim
2. Independent action for recovery of his
property
3. Intervention

1st judgment is CONCLUSIVE only as to matters


DIRECTLY ADJUDGED & ACTUALLY LITIGATED in the
first action.
The second action can be prosecuted
EFFECT: Preclusion only of ISSUES
FINAL ATTACHMENT (Rule 39)
A MEANS for EXECUTION of a final judgment
Should always be accompanied by a SALE @ PUBLIC
AUCTION
Available AFTER JUDGMENT in the main action had
become EXECUTORY,
For the SATISFACTION of the said judgment
The proceeds of the sale are turned over to the
attaching creditor
1. Terceria or 3rd party claim
2. Independent action for recovery of his
property
*Intervention is NOT a remedy because there is an
assumption of final judgment in Rule 39
(intervention can be had only before judgment is
rendered by the court)

PRELIMINARY PROHIBITORY INJUNCTION


Purpose is to PREVENT a person from the
performance of a particular act
The act had not yet been performed

PRELIMINARY MANDATORY INJUNCTION


Purpose is to require a person to PERFORM a
particular act
The act has already been performed & this act has
violated the rights of others
Status quo is perserved
Status quo is restored
May be issued at any stage prior to the judgment or final order.
PROHIBITORY INJUNCTION
Directed against a PARTY in the action
It does not involve jurisdiction of the court
It may be the main action itself, or a provisional
remedy
MANDATORY INJUNCTION
Directed to a party litigant, NOT to a tribunal, &
Is issued to require a party to perform an act to

PROHIBITION
Directed against a COURT, tribunal, or person
exercising judicial, quasi-judicial or ministerial
function
Based on the ground that the court against whom
the writ is sought had acted without or in excess of
jurisdiction
Always the main action
MANDAMUS
SCA seeking a judgment commanding a tribunal,
board or officer or person to perform a ministerial

restore the last peacable uncontested status


preceding the controversy
WRIT of REPLEVIN
PURPOSE is to RECOVER PERSONAL PROPERTY
capable of MANUAL DELIVERY
PROPERTY either
a. Belongs to the plaintiff
b. One over w/c the plainiff has a right of
possession
May be sought only when the PRINCIPAL ACTION is
for the RECOVERY of PERSONAL PROPERTY
Can be sought only when the DEFENDANT is in
actual or constructive POSSESSION of the property
CANNOT be availed of when property is in
CUSTODIA LEGIS
Avaliable BEFORE the defendant ANSWERS

duty required to be performed by law


WRIT of PRELIMINARY ATTACHMENT
PURPOSE is to have the property PUT in the
CUSTODY of the COURT to secure the satisfaction of
the judgment that may be rendered in favor of the
plaintiff at some future time
The property does not belong to the plaintiff, but to
the DEFENDANT.

Available even if recovery of property is only


INCIDENTAL to the relief sought
May be resorted to even if the property is in
possession of a 3RD PERSON
Can be availed of even if the property is in custodia
legis
Avalable from the commencement but BEFORE
ENTRY of judgment (even when there is already an
answer)
BOND = 2x value of property
BOND fixed by the court
Extends only to PERSONAL PROPERTY CAPABLE of
Extends to ALL KINDS of property, whether real,
MANUAL DELIVERY
personal or incorporeal
Available to recover personal property even if the
Attachment to recoer possesion of personal
same is NOT BEING CONCEALED, REMOVED, or
property unjustly detained pressuposes that the
DISPOSED OF
same is being CONCEALED, REMOVED or DISPOSED
of to prevent its being found or taken by the
applicant
There can be NO Replevin & Preliminary Attachment in the SAME CASE because the purposes are different.
JUDICIAL FORECLOSURE OF REAL ESTATE
MORTGAGE
Real estate only
There is a Complaint
Equity in Redemption
90-120 days from entry of judgment

EXTRAJUDICIAL FORECLOSURE
Also applies to chattel
Notary public or sheriff of the court
No complaint
Legal redemption
1 year

CERTIORARI
Directed against an entity/person
exercising
a. judicial, or
b. quasi-judicial function
Entity/person is alleged to have
acted:
a. without jurisdiction
b. in excess of jurisdiction
c. with grave abuse of
discretion amounting to
lack/excess of jurisdiction
Purpose is to annul or nullify a
proceeding

PROHIBITION
Directed against an entity/person
exercising
a. judicial
b. quasi-judicial
c. ministerial function
Entity/person is alleged to have
acted:
a. without jurisdiction
b. in excess of jurisdiction
with grave abuse of discretion
amounting to lack/excess of
jurisdiction
Purpose is to have respondent
desist from further proceeding

Corrective remedy
(to correct the usurpation of
jurisdiction)

Preventive and negative remedy


(to restrain or prevent the
usurpation of jurisdiction)

Covers discretionary acts

Covers discretionary & ministerial


acts

MANDAMUS
Directed against an entity/person
exercising
Ministerial function
Entity/person is alleged to have
unlawfully:
a. neglected a ministerial
duty
b. excluded another from a
right of office
Purpose is for respondent to:
1. do the act required &
2. pay damages
Affirmative/positive
(if the performance of a duty is
ordered)
or
negative
(if a person is ordered to desist
from excluding another from a
right or office)
Covers ministerial acts