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SUMMARY
PROCEEDINGS
100k outside MM
200k within MM
Judgment
is
appealable
SMALL CLAIMS
200k within or
outside MM
Judgment is Final
and Executory
JURISDICTION
SUPREME COURT
(Exclusive Original)
1. Certiorari,
Prohibition
or
Mandamus
2. Disciplinary Proceedings against
members of IBP and court
personnel
COURT OF APPEALS
(Exclusive Original)
1. Annulment of judgments of the
RTC
REGIONAL TRIAL COURTS
1. Actions incapable of pecuniary
estimation
2. Cases not within the exclusive
original jurisdiction of any court
or tribunal
3. Actions affecting ambassadors,
public ministers and consuls
4. HC, QW, C, P, M
5. Writ of Amparo & Habeas Data
6. Intra-corporate controversies
7. ASSESSED VALUE
More than 20k (RTC outside MM)
More than 50k (RTC within MM)
Note: Interest, Damages, Attys Fees,
Lit. Expenses, Cost of suit is not
included
8. ADMIRALTY/MARITIME CLAIMS
More than 300k (RTC outside
MM)
COMPULSORY COUNTERCLAIM
VS PERMISSIVE COUNTERCLAIM
COMPULSORY
One which arises
out of or is
necessarily
connected
with
the
transaction
or
occurrence
that is the subj
matter of the
opposing partys
PERMISSIVE
Does not arise
out of nor is it
necessarily
connected with
the subj matter
of the opposing
partys claim.
claim.
Not an initiatory
pleading
Does not require
certification
against
forum
shopping
It is barred if not
set up in the
action
Failure to answer
is not a cause for
default
Initiatory
pleading
Should
be
accompanied by
a
certification
against
forum
shopping
It is not barred
even if not set
up in the action
Must
be
answered,
otherwise,
declared default
CLASS SUIT
- When the subject matter of the
controversy is one of common
or general interest to many
persons so numerous that it is
impracticable to join all as
parties, a number of them
which the court finds to be
sufficiently
numerous
and
representative
as
to
fully
protect the interests of all
concerned may sue or defend
for the benefit of all.
VENUE OF ACTIONS
REAL ACTIONS
Actions affecting
title
to
or
possession
of
real property, or
interest therein,
shall
be
commenced and
tried
in
the
proper
court
which
has
jurisdiction over
PERSONAL
ACTIONS
Where
the
plaintiff or any of
the
principal
plaintiffs resides,
or where the
defendant or any
of the principal
defendants
resides , or in
case of a nonresident
defendant where
he
may
be
found, at the
election
of
plaintiff.
DECLARATION IN DEFAULT
- When the defendant fails to
answer within the time specified
Mistake
or
b. meritorious defenses
a. annulment of marriage
a. preliminary attachments
c. legal separation
b. probate of wills
d. summary procedure
c. levies on execution
BILL OF PARTICULARS
-on
its
resident
agent
designated in accordance
with law for that purpose, if
no agent, to the govt official
designated by law , or any
officers or agents within the
Philippines
Service
upon
public
corporations
-RP to the OSG
province/city/municipality/pu
b corp to its executive head
or other officers as the law
or court may direct
Service
upon
defendant
whose
identity
or
whereabouts are unknown/
Extraterritorial
service/
resident temporarily out of
the Phils
-with
leave
of
court,
publication in a newspaper
of general circulation
VOLUNTARY APPEARANCE
-GR:
one
who
seeks
an
affirmative relief is deemed to
have
submitted
to
the
jurisdiction of the court
-E: when the defendant invokes
the special jurisdiction of the
court
by
impugning
such
jurisdiction over his person
-Motion to Dismiss due to lack
of
jurisdiction
does
not
constitute VA
-VA is equivalent to service of
summons
MOTIONS
-must be in writing, except
those made in open court or in
course of hearing or trial
-set for hearing by applicant
-notice of hearing:
MOTION TO DISMISS
-Not a pleading
-Omnibus motion: must raise
and
include
all
objections
available at the time of the
filing of the motion
-Exception to Omnibus Rule:
a. Lack of jurisdiction on the
subj matter
b. Litis pendentia
c. Res Judicata
d. Prescription
GROUNDS:
a. No jurisdiction over the
person of the defendant
b. No jurisdiction over the
subj matter
c. Venue improperly laid
d. Plaintiff has no legal
capacity to sue
e. Litis pendentia
-involves filing multiple
cases based on the same
cause of action and with
the same
prayer, the
DISMISSAL OF ACTIONS
General Rule:
A dismissal made by filing of a
notice of dismissal is a dismissal
without prejudice
Exceptions:
1. Where
the
notice
of
dismissal so provides
2. Plaintiff
has
previously
dismissed the same case in
court
of
competent
jurisdiction (2 dismissal rule)
-twice dismissed actions
-based on same claim
-court
of
competent
jurisdiction
3. Premised on fact of payment
by the defendant
Dismissal
Plaintiff:
upon
motion
of
PRE-TRIAL
- Plaintiff and CoC may set pretrial
- Purpose:
a. Possibility
of
Amicable
Settlement
b. Simplification of issues
c. Necessity of amendments to
pleadings
d. Limitation of number of
witnesses
e. Possibility
of
obtaining
admissions of facts and
documents
f. Propriety
of
rendering
judgment on the pleadings
g. Such other matters as may
aid in the prompt disposition
of the case
h. Advisability of a preliminary
reference of issues to a
commissioner
i. Advisability of suspending
proceedings
- EFFECT OF FAILURE TO APPEAR:
1. PLAINTIFF dismissal of
action with prejudice
2. DEFENDANT allow the
plaintiff to present evidence
ex parte and for court to
render judgment on the
basis thereof
INTERVENTION
- Is a remedy by which a 3rd
party, not originally impleaded
in a proceeding, becomes a
litigant therein to enable him to
protect or preserve a right or
interest which may be affected
by such proceeding
- REQUISITES:
1. Legal interest
In the matter in controversy
Success of either parties
Against both parties
Person adversely affected
2. Intervention will not unduly
delay
or
prejudice
the
adjudication of rights of
original parties
3. Intervenors rights may not
be fully protected in a
separate proceeding
- May be filed at any time before
rendition of judgment by the
trial court
SUBPOENA
1. Subpoena ad testificandum
used to compel a person to
testify
2. Subpoena duces tecum used
to compel production of books,
records, things or documents
QUASHING A SUBPOENA
1. It
is
unreasonable
and
oppressive
2. Relevancy of the books,
documents or things does
not appear
3. The person in whose behalf
the subpoena is issued fails
to advance the reasonable
cost of production thereof
4. The
witness
fees
and
kilometrage
allowed
by
these
Rules
were
not
tendered when subpoena
was served
SUBPOENA AD TESTIFICANDUM:
1. The witness is not bound
thereby
2. The
witness
fees
and
kilometrage
allowed
by
these
Rules
were
not
tendered when subpoena
was served
TRIAL
-Is the stage in the elementary
procedure followed by trial courts
in the conduct of civil cases in
which the parties shall adduce
there
respective
evidence
in
support of their claims and/or
defenses
GENERAL RULE:
-
be
EXCEPTIONS:
1. Judgment by default
2. Non-compliance or insufficient
compliance with an order for bill
of particulars
3. Where action is dismissed with
prejudice
upon
Motion
to
Dismiss on the ground of Res
Judicata,
prescription,
unenforceability under statute
of frauds or plaintiffs claim has
been extinguished
4. Dismissal
of
action
with
prejudice under the 2 dismissal
rule
5. Dismissal
of
action
with
prejudice on motion of plaintiff
or due to fault of plaintiff
6. Failure to attend at pre-trial
7. Refusal to answer to any written
interrogatory and to comply
with an order
8. When a party or officer willfully
fails to appear before the officer
to take his deposition
9. Judgment on the pleadings
10.Full summary judgment
11.Judgment based on stipulation
of facts
12.Judgment on compromise
13.Judgment by confession
14.Judgment
in
civil
cases
governed by Rule on summar
proceedings
STIPULATION OF FACTS
-parties may agree, in writing, upon
the facts involved in the litigation,
and submit the case for judgment
on the facts agreed upon, without
introduction of evidence
DEMURER TO EVIDENCE
- After plaintiff has completed the
presentation of his evidence,
the defendant may move for
dismissal on the ground that
upon the facts and the law the
plaintiff has shown to right to
relief
- Ground:
insufficiency
of
evidence of plaintiff
- EFFECT OF DENIAL OF MOTION:
SUMMARY JUDGMENT
-Judgment rendered by the court
without trial if it is clear that there
exist
no
genuine
issue
or
Based on
pleadings,
deposition
s,
admission
s
and
affidavits.
JUDGMENT
ON
PLEADING
S
Based
solely on
pleadings
JUDGMENT
BY
DEFAULT
Based on
the
complaint
and
evidence
of plaintiff
MOTION
FOR
RECONSIDERATION/ NEW TRIAL
NEW TRIAL
-FAME
-Newly
discovered
evidence
-2nd motion
may
be
allowed;
grounds not
existing
RECONSIDERATI
ON
-excessive
damages
-evidence
is
insufficient
to
justify decision
or order
-decision
or
order
is
contrary to law
-2nd motion from
same party is
prohibited
during
1st
motion
-If granted, -If granted, may
original
amend
judgment is judgment
vacated;
accordingly
trial
de
novo
-available
-available
even
on against
the
appeal but judgments
of
only on the both trial court
ground on and
appellate
newly
courts
discovered
evid
Both are prohibited under
summary procedure and small
claims
-
GROUNDS:
1. When the judgment is entered
or any other proceeding is
thereafter taken against the
petitioner thru FAME
2. When petitioner has been
prevented
from
taking
an
appeal by FAME
EXECUTION ON APPEAL
-discretionary execution: may issue
before the lapse of period to appeal
and even during appeal
-whether there is good reason for
execution
EXAMPLES:
1. There is danger of the judgment
being ineffectual
2. Insolvency of the debtors
3. Prevent irreparable injury
4. Subject
of
judgment
is
perishable goods
5. Old age
APPEAL
- Ordinary appeal
QF and QL (mixed)
- Petition for review
QF and QL (mixed)
- Appeal by certiorari
QL
WHEN:
May be taken within 15 days after
notice to the appellant of the
judgment or final order
RESIDUAL JURISDICTION:
-
PERFECTION OF APPEAL:
-