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10
CIVIL PROCEDURE
RULE 1
GENERAL PROVISIONS
Statutes regulating the procedure of
courts will be construed as applicable to
actions pending and undetermined at the
time of their passage so long as vested
rights will not be impaired.
Under the 1987 Constitution, the rulemaking power of the Supreme Court has
the following limitations:
1. shall provide a simplified and
inexpensive procedure for the
speedy disposition of cases;
2. Uniform for all courts of the
same grade, and
3. Shall not diminish, increase or
modify substantive rights (Art.
VIII Sec. 5[5]).
Section 3. Cases governed.
ACTION
CLAIM
An ordinary suit in a
court of justice
A right possessed by
one against another
CLASSIFICATION OF ACTIONS.
(A)
ORDINARY CIVIL
SPECIAL CIVIL
ACTION
ACTION
Governed by ordinary
rules
Also governed by
ordinary rules but
SUBJECT to specific
rules prescribed (Rules
62 to 71).
Formal demand of
Special features not
ones legal rights in a found in ordinary civil
court of justice in the
actions
manner prescribed by
the court or by the
law
(B)
ACTION IN
REM
Directed
against the
thing itself
ACTION IN
ACTION
PERSONAM QUASI IN REM
Directed
against
particular
persons
Directed
against
particular
persons
Judgment is
Judgment is
Judgment
binding on the binding only binding upon
whole world upon parties
particular
impleaded or persons, but
their
the real motive
successors in is to deal with
interest
real property
or to subject
said property
to certain
claims.
Ex. Land
Ex. action to Ex. Unlawful
registration
recover
detainer or
case; probate
damages;
forcible entry;
proceedings
action for
judicial
for allowance
breach of
foreclosure of
of a will.
contract
mortgage.
The
distinction
determining the
judgment.
(C)
REAL
ACTION
is
important
in
EFFECT of the
PERSONAL
ACTION
MIXED
ACTION
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
11
(D)
LOCAL ACTION
TRANSITORY
ACTION
Must be brought in a
particular place, in
the absence of an
agreement to the
contrary
Ex. Action to recover
real property
Generally, must be
brought where the
party resides
regardless of where
the cause of action
arose
Ex. Action to recover
sum of money
Section 6. Construction.
General Rule: Liberal construction .
Exceptions:
a. reglementary periods
b. rule on forum shopping
RULE 2
CAUSE OF ACTION
Section 2. Cause of Action, defined.
Essential elements of cause of action
1. Existence of a legal right of the
plaintiff;
2. Correlative legal duty of the
defendant to respect ones right;
3. Act or omission of the defendant
in violation of the plaintiffs
legal right; and
4. Compliance with a condition
precedent.
CAUSE OF ACTION RIGHT OF ACTION
delict or wrongful act remedial right or right
or omission committed to relief granted by
by the defendant in
law to a party to
violation of the
institute an action
primary rights of the against a person who
plaintiff
has committed a delict
or wrong against him
The reason for the
the remedy or means
action
afforded or the
consequent relief
the formal statement right that is given
of alleged facts
the right to litigate
because of the
occurrence of the
alleged facts
Determined by facts
determined by
as alleged in the
substantive law
complaint and not the
prayer therein
RELIEF
REMEDY
SUBJECT
MATTER
the redress,
the
the thing,
protection,
procedure or wrongful act,
award or
type of
contract or
coercive
action which property which
measure which
may be
is
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
IN
REMEDIAL LAW
availed of by
directly
the plaintiff involved in the
as the means
action,
to obtain the concerning
desired
which the
relief
wrong has
been done and
with respect
to which the
controversy
has arisen.
ENCOURAGED.
Minimizes multiplicity
of suits and
inconvenience on the
parties
13
be
parties;
Minor
or
incompetent
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
BUT with the assistance of his parents or
guardian.
Section
parties.
6.
Permissive
joinder
REMEDIAL LAW
of
NECESSARY
PARTIES
No valid judgment if
indispensable party is
not joined
IN
SOLIDARY
DEBTORS either is
indispensable and the other is not even a
necessary party because complete relief
may be obtained from either.
Section 9. Non-joinder of necessary
parties to be pleaded.
The non-inclusion of a necessary party
may be excused only on meritorious
grounds.
The court may order the inclusion of the
omitted necessary party if jurisdiction
over his person may be obtained by
ordering plaintiff to file an amended
complaint impleading the necessary
party therein as co-defendant.
The only sanction for failure to implead
a necessary party when ordered by the
court and jurisdiction can be obtained
over said party is a waiver of the claim
against him. This is considered as an
exception to the provision on penalties
imposed on a disobedient party under
Sec. 3 of Rule 17 which would have
entailed the dismissal of the complaint
itself.
Section 11. Misjoinder and non-joinder
of parties.
Neither misjoinder nor non-joinder of
parties is a ground for dismissal of the
action.
Objections to defects in parties should
be made at the earliest opportunity the
moment such defect becomes apparent
by a MOTION TO STRIKE THE NAMES OF
THE PARTIES impleaded.
If there is misjoinder, a separate action
should be brought against the party
misjoined.
15
Permissive Joinder
of Parties
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
SUBSTITUTION shall be served upon the
parties substituted for the court to
acquire jurisdiction over the substitute
party
on
Requisites:
contractual
IN
REMEDIAL LAW
JURISDICTION
17
Substantive
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Filing of verified
complaint with the
MTC
court may
summon the
defendant
court may
dismiss the case
outright
RULES ON
W/in 10 days
from receipt of
summons,
defendant
answers,
incoporating
compulsory
counterclaim or
crossclaim, and
serves a copy on
plaintiff
If Defendant fails to
answer in 10 days
The court, motu propio
or on plaintiffs
motion, may render
judgment based on
facts alleged in the
complaint w/o
prejudice to
R9, S3 (c)
SUMMARY PROCEDURE
SUMMARY PROCEDURE
IN CIVIL CASES
Answer to
counterclaim
and crossclaim
w/in 10 days
Preliminary
conference w/in 30
days after last
answer is filed
If plaintiff fails to
appear
in
prelim
conference, complaint
may be dismissed.
Defendant entitled to
decision based on his
counterclaim.
All
crossclaims dismissed.
If sole defendant
fails to appear,
plaintiff entitled to
judgment based on
complaint and
what is proved
therein
IN
REMEDIAL LAW
Rendition
of judgment
CHAIRPERSON
: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
w/in 30 Jocelyn
days from
Ventura,
Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
receipt
of last
Special
Proceedings);
Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
affidavit, or w/in 15
days after last
clarificatory paper
19
2. that
no
conciliation
or
settlement has been reached OR
unless the settlement has been
repudiated by the parties
thereto.
CASES
NOT
COVERED
BY
THE
KATARUNGANG PAMBARANGAY LAW:
1. Where one party is the
government or any subdivision or
instrumentality thereof;
2. Where one party is a public
officer or employee, and the
dispute
relates
to
the
performance of his official
functions;
3. Offenses
punishable
by
imprisonment exceeding 1 year
or a fine exceeding P5,000.00;
4. Offenses where there is no
private offended party;
5. Where the dispute involves real
properties located in different
cities or municipalities UNLESS
the parties thereto agree to
submit their differences to
amicable settlement by an
appropriate lupon;
6. Disputes involving parties who
actually reside in barangays of
different cities or municipalities,
EXCEPT where such barangay
units adjoin each other and the
parties thereto agree to submit
their differences to amicable
settlement by an appropriate
lupon;
7. Such other classes of disputes
which
the
President
may
determine in the interest of
justice.
However, the court may, at any time
before trial, motu proprio refer the case
to the lupon concerned for amicable
settlement, non criminal cases not
falling within the authority of the
latter.
While the dispute is under mediation,
conciliation,
or
arbitration,
the
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
prescriptive periods for offenses and
cause of action under existing laws shall
be interrupted upon filing of the
complaint with the punong barangay.
IN
REMEDIAL LAW
4. Disputes
arising
at
the
WORKPLACE
where
the
contending parties are employed
or at the INSTITUTION where
such parties are enrolled for
study in the barangay where
such workplace or institution
located.
CHART ON KATARUNGANG PAMBARANGAY, SEE
PAGE 22.
PLEADING
MOTION
Cannot be initiatory as
they are always made
in a case already filed
in court
21
judgment
after judgment
Section 3. Complaint.
COMPLAINT is a concise statement of
the ultimate facts constituting the
plaintiffs cause or causes of action,
with
Section 4. Answer
RULES ON COUNTERCLAIM
A counterclaim before the MTC must be
within the jurisdiction of said court,
both as to the amount and nature
thereof (De Chua vs. IAC).
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
IN
REMEDIAL LAW
Filing of complaint
KATARUNGANG PAMBARANGAY
w/ the Punong PROCEDURE
Barangay (PB)
Issuance of
summons to
the parties
and the
witnesses
Parties agree to
submit the
dispute for
arbitration
Arbitration Hearings
Mediation (hearing)
Failure of
mediation
efforts
Constitution of the
Pangkat
Settlement
Execution
w/in 6
months from
date thereof
Repudiation of
arbitration
agreement
within 5 days
from date of
agreement
Award to be
made after the
lapse of the
period to
repudiate and
w/in 10 days
thereafter
Execution w/in
6 months from
the date of the
award
Conciliation
(hearing)
Settlement
Execution w/in 6
months from the
date of settlement
REMEDIAL LAW COMMITTEE
Repudiation of
settlement w/in 10
days from date
thereof
Failure of Conciliation
hearings at the Pangkat
ISSUANCE OF
Level and of Arbitration
CERTIFICATION FOR
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
hearings
shall and
also lead to
OF Alnaiza
A
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (CivilFILING
Procedure);
Hasiman (Special
Civil Actions
the
issuance
of
Special Proceedings); Jeenice de Sagun (Criminal Procedure);
ElaineINMasukat
COMPLAINT
COURT(Evidence)
certification for filing a
complaint in court.
23
PERMISSIVE
COUNTERCLAIM
Need not be
answered; no default.
Must be answered,
otherwise, the
defendant can be
declared in default.
GENERAL
RULE:
A
compulsory
counterclaim not set up in the answer is
deemed barred.
EXCEPTION: If it is an after-acquired
counterclaim, that is, such claim
matured after filing of the answer. In
this case, it may be pleaded by filing an
amended answer or a supplemental
answer or pleading.
Section 8. Cross-claim
CROSS-CLAIM any claim by one party
against a co-party arising out of the
transaction or occurrence that is the
subject matter either of the original
action or counterclaim.
If it is not set up in the action, it is
barred, except:
1. when it is outside the jurisdiction of
the court or;
2. if the court cannot acquire
jurisdiction over third parties whose
presence is necessary for the
adjudication of said cross-claim.
In which case, the
considered permissive.
cross-claim
is
3rd-party
Complaint
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
deemed controverted. Hence, the filing
of the reply is optional except for the
denial of the genuineness and due
execution of an actionable document
used as defense in the answer.
Section 11. Third (fourth, etc.) party
complaint.
THIRD
(FOURTH,ETC.)
PARTY
COMPLAINT a claim that a defending
party may, with leave of court, file
against a person not a party to the
action for contribution, indemnity,
subrogation or any other relief, in
respect of his opponents claim.
THIRD-PARTY
COMPLAINT
COMPLAINT IN
INTERVENTION
Same
IN
REMEDIAL LAW
25
complaints
or
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Two permissible ways of pleading an
actionable document:
1. By setting forth the substance of
such document in the pleading
and attaching said document
thereto as an annex (contents of
the document annexed are
controlling, in case of variance
in the substance of the
document set forth in the
pleading and in the document
attached); or
2. By setting forth said document
verbatim in the pleading.
IN
REMEDIAL LAW
5. prescription;
6. want
or
illegality
consideration; or
7. estoppel
of
GENUINENESS
That the document is not spurious,
counterfeit, or of different import on its
face from the one executed by the
party, or that the party whose signature
it bears has signed it and that at the
time it was signed it was in words and
figures exactly as set out in the
pleadings.
DUE EXECUTION
That
the
document
was
signed
voluntarily and knowingly by the party
whose signature appears thereon.
Defenses that the opposing party may
set up even after failure to deny under
oath:
1. Mistake;
2. fraud;
3. compromise;
4. payment;
27
JUDGMENT BY
DEFAULT
appealable
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
REMEDIAL LAW
DEFAULT
After the
lapse of time
to file an
answer, the
plaintiff may
move to
declare the
defendant in
default
IN
Motion denied:
Defendant
allowed to file an
answer
Defendant
answers
Motion granted:
Court issues order
of default and
renders judgment,
or require plaintiff
to submit evidence
ex parte.
Court
maintains
Before judgment
by default is
rendered,
defendant may:
move to set aside
order of default
upon showing:
FAME
He has a
meritorious
defense
Avail of Rule 65 in
proper cases
order of
default
PARTIAL
Presentation
of plaintiffs
evidence exparte
If plaintiff
proves his
allegations,
judgment by
default.
If plaintiff
fails to prove
his allegations, case is
dismissed.
DEFAULT:
1. The pleading asserting a claim
states a common cause of action
against several defending parties
EXTENT OF RELIEF
TO
BE
Annulment of Judgment
under Rule 47
AWARDED
IN
A
JUDGMENT
BY
DEFAULT:
Shall not exceed the amount OR be
different in kind from that prayed for
NOR award unliquidated damages.
RULE 10
29
AMENDED
PLEADING
SUPPLEMENTAL
PLEADING
Refers to facts
Refers to facts arising
existing at the time of after the filing of the
the commencement
original pleading.
of the action.
Take the place of the Taken together with
original pleading.
the original pleading.
Can be made as a
Always with leave of
matter of right as
court
when no responsive
pleading has yet been
filed
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
2. Claims or defenses alleged
therein but not incorporated or
reiterated in the amended
pleading are deemed waived.
The amended or superseded, original
pleading is not expunged but remains on
the record although the admission of the
amended
pleading
amounts
to
withdrawal of the original pleading.
RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS
Answer to the complaint
1. Within 15 days after service of
summons, UNLESS a different period
is fixed by the Court (Sec. 1)
2. In case the defendant is a foreign
private juridical entity:
a. if it has a resident agent
within 15 days after service
of summons to him
b. if it has no resident agent,
but it has an agent or officer
in the Philippines within 15
days
after
service
of
summons to said agent or
officer
c. if it has no resident agent
nor agent nor officer in
which
case
service
of
summons is to be made on
the
proper
government
office which will then send a
copy by registered mail to
the home office of the
foreign private corporation
within 30 days after receipt
of summons by the home
office of the foreign private
entity.
3. In case of service of summons by
publication within the time
specified in the order granting leave
to serve summons by publication,
which shall NOT be less than 60 days
after notice (Rule 14, Sec.15).
4. In case of a non-resident defendant
on whom extraterritorial service of
summons is made, the period to
answer should be at least 60 days.
IN
REMEDIAL LAW
31
RULE 13
FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS
Notice given to a party who is duly
represented by counsel is a nullity,
unless service thereof on the party
himself was ordered by the court or the
technical defect was waived.
Section 3. Manner of filing.
1. Personally
2. by registered mail
Filing by mail should be through the
registry service which is made by deposit
of the pleading in the post office, and
not
through
other
means
of
transmission.
If registry service is not available in the
locality of either sender or addressee,
service may be done by ordinary mail.
If a private carrier is availed of by the
party, the date of actual receipt by the
court of such pleading and not the date
of delivery to the carrier, is deemed to
be the date of the filing of that
pleading.
NOTE: PERSONAL and SUBSTITUTED
service as applied to pleadings have a
different meaning compared to summons
under Rule 14.
MODES OF SERVICE
PLEADINGS
1. PERSONAL SERVICE
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
a. Delivering personally a copy to
the party or his counsel or;
b. Leaving a copy in counsels
office with his clerk or with a
person having charge thereof or;
c. Leaving the copy between 8 a.m.
and 6 p.m. at the partys or
counsels residence, if known,
with a person of sufficient age
and discretion residing therein--if no person found in his office,
or if his office is unknown, or if
he has no office.
2. SERVICE BY MAIL
If no registry service is available in the
locality, of either sender or addressee,
service may be done by ordinary mail.
3. SUBSTITUTED SERVICE
Delivering the copy to the clerk of court
with proof of failure of both personal
and service by mail.
JUDGMENTS,
FINAL
ORDERS,
RESOLUTIONS (Sec.9)
1. By personal service; or
2. By registered mail;
3. By publication, if party is
summoned by publication and
has failed to appear in the
action.
They can be served only under the three
modes.
They CANNOT be served by substituted
service.
NOTE: A resort to modes other than by
personal service must be accompanied
by a written explanation why the
service or filing was not done personally
(Sec. 11).
Section 10. Completeness of service.
1. Personal service
a. by handling a copy to defendant;
or
b. tendering him copy if he refuses;
c. complete upon actual delivery
2. Service by ordinary mail:
IN
REMEDIAL LAW
33
In case of minors: by
serving upon the minor,
regardless of age, AND
upon his legal guardian, or
also upon either of his
parents.
In case of incompetents:
by serving on him
personally AND upon his
legal guardian, but not
upon his parents, unless
when they are his legal
guardians
IN ANY EVENT, if the
minor or incompetent has
no legal guardian, the
OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Service upon
domestic private
juridical entity
ENTITY
To the president,
managing partner, general
manager, corporate
secretary, treasurer, or
in-house counsel.
NOTE: Service upon a
person other than those
mentioned is invalid and
does not bind the
corporation. The
enumeration is
EXCLUSIVE.
Service upon
foreign private
juridical entity
Service upon
public
corporations
Extraterritorial
service
Requisites
a. defendant does
not reside or is
not found within
the Phil.
b. he action either:
affects the personal
status of plaintiff;
relates to or the
subject of which is
property within the
Philippines in
which defendant
has a lien or
interest;
REMEDIAL LAW
demands a relief
which consists
wholly or in part in
excluding the
defendant from
any interest in any
property within the
Phil; or
property of
defendant has
been attached in
the Phil.
IN
Mode of service
a. with leave of court
served outside the
Phil. By personal
service; or
b.with leave of court
serve by publication
in a newspaper of
general circulation,
in which case copy of
the summons and
order of court must
also be sent by
registered mail to
the last known
address of
defendant; or
c. any other manner the
court deem
sufficient.
Service upon a
resident
temporarily out of
the Phil.
Substituted service or
with leave of court,
personal service out of
the Phil. as under
extraterritorial service
Service upon an
unknown
defendant or
whose
whereabouts are
unknown
35
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
9. Claim or demand has been paid,
waived, abandoned, or otherwise
extinguished
10. Claim is unenforceable under the
Statute of Frauds
11. Non-compliance with a condition
precedent for filing claim
based on insufficiency
of evidence.
IN
REMEDIAL LAW
37
ground of non-compliance
condition precedent.
with
EFFECTS OF
ACTION ON MTD
REMEDY
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
prejudice but it is premised on
the fact of payment by the
defendant
of
the
claim
involved.
Section 2. Dismissal upon motion of
plaintiff.
Where the plaintiff moves for the
dismissal of his complaint to which a
counterclaim has been interposed, the
dismissal shall be limited to the
complaint.
Such dismissal shall be without prejudice
to the right of the defendant to either:
1. Prosecute his counterclaim in a
separate action,
In this case, the court should
render the corresponding order
granting and reserving his right
to prosecute his claim in a
separate complaint.
-OR2. To have the same resolved in the
same action.
In such case, defendant must
manifest such preference to the
trial court within 15 days from
notice to him of plaintiffs
motion to dismiss.
These alternative remedies of the
defendant are available to him
REGARDLESS
OF
WHETHER
HIS
COUNTERCLAIM IS COMPULSORY OR
PERMISSIVE.
Dismissal under this rule is WITHOUT
PREJUDICE, EXCEPT:
1. When otherwise stated in the
motion to dismiss;
2. When stated to be with
prejudice in the order of the
court.
The approval of the court is necessary in
the dismissal or compromise of a class
suit.
IN
REMEDIAL LAW
SECTION 2
SECTION 3
Dismissal is at the
instance of the
plaintiff;
Dismissal is not
procured by plaintiff
though justified by
causes imputable to
him;
39
he manifests his
intention to have his
counterclaim resolved
in the same action
RULE 18
PRE-TRIAL
PRE-TRIAL- a mandatory conference and
personal confrontation before the judge
between the parties and their respective
counsel.
The plaintiff must promptly move ex
parte that the case be set for pre-trial ,
and this he must do upon the service and
filing of the last pleading.
The pre-trial and trial on the merits of
the case must be held on separate
dates.
When non-appearance of a party may
be excused (Sec.4):
1. If a valid cause is shown
therefore
2. If a representative shall appear
in his behalf fully authorized in
writing to:
a. Enter into an amicable
settlement
b. Submit to alternative modes
of dispute resolution
c. Enter into stipulations or
admissions of facts and of
documents
A special authority for an attorney to
compromise is required under Sec. 23,
Rule 138. Under Art. 1878 (c) of the
Civil Code, a special power of attorney
is required.
EFFECT OF NON-APPEARANCE OF
PLAINTIFF:
Cause for dismissal of the action, with
prejudice, unless otherwise ordered by
the court.
EFFECT OF NON-APPEARANCE OF
DEFENDANT:
Cause to allow the plaintiff to present
evidence ex parte and the court to
render judgment on the basis thereof.
Pre-trial brief. It is the mandatory duty
of the parties to seasonably file their
pre-trial briefs under the conditions and
with the sanctions provided therein.
Failure to file pre-trial brief has the
same effect as failure to appear at the
pre-trial.
Record of pre-trial. The contents of the
PRE-TRIAL order shall control the
subsequent course of the action, UNLESS
modified before trial to prevent
manifest injustice.
A party is deemed to have waived the
delimitations in a pre-trial order if he
failed to object to the introduction of
evidence on an issue outside of the pretrial order, as well as in cross-examining
the witness in regard to said evidence.
FOR CHART ON PRE-TRIAL PLS. SEE THE NEXT
PAGE.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
IN
REMEDIAL LAW
No
Settlement
Amicable
Settlement
Agreements
made by parties;
Amendments to
pleading;
Schedule of trial
Failure to
Appear
If plaintiff is
Absent, when
so required to
attend, the
court may
dismiss the
case
If defendant
is absent,
court may
hear evidence
of plaintiff
ex parte
TRIAL
Court
renders
decision
RULE 19
INTERVENTION
WHO may intervene?
1. One who has legal interest in the
matter in litigation
2. One who has legal interest in the
success of either of the parties,
3. One who has an interest against
both parties
4. One who is so situated as to be
adversely
affected
by
a
distribution or other disposition
of property in the custody of the
court or of an officer thereof.
If evidence is insufficient to
prove plaintiffs cause of
action or defendants
counterclaim, court rules in
favor of either one or
dismisses the case
2.
2.
Whether or not the intervenors
rights may be fully protected in
a separate proceeding.
The interest which entitles a person to
intervene in a suit must be on the
matter in litigation and of such direct
and immediate character that the
intervenor will either gain or lose by the
direct legal operation and effect of the
judgment.
INTERVENTION
INTERPLEADER
An ancillary action.
An original action.
41
mentioned in this
Rule.
Defendants are
Defendants are being
already original
sued precisely to
parties to the pending
implead them
suit
of
SUBPOENA
SUMMONS
SUBPOENA AD TESTIFICANDUM a
process directed to a person requiring
him to attend and to testify at the
hearing or the trial of an action, or at
any
investigation
conducted
by
competent authority, or for the taking of
his deposition.
SUBPOENA DUCES TECUM a process
directed to a person requiring him to
bring with him books, documents, or
other things under his control.
Section 2. By whom issued
WHO may issue
1. Court before whom the witness
is required to attend
2. Court of the place where the
deposition is to be taken
3. Officer or body authorized by
law to do so in connection with
investigations conducted by said
officer or body
4. Any Justice of the SC or of the
CA in any case or investigation
pending within the Philippines.
SUBPOENA TO A PRISONER must be for
a valid purpose; if prisoner required to
appear in court is sentenced to death,
reclusion perpetua or life imprisonment
and is confined in prison must be
authorized by the SC.
Section 4. QUASHING A SUBPOENA.
A. Subpoena DUCES TECUM may be
quashed upon proof that:
1. It
is
unreasonable
and
oppressive;
2. The articles sought to be
produced do not appear prima
facie to be relevant to the
issues;
3. The person asking for the
subpoena does not advance the
cost for the production of the
articles desired.
B. Subpoena AD TESTIFICANDUM may
be quashed if the witness is not bound
thereby.
In EITHER case, the subpoena may be
quashed for failure to tender the witness
fees and kilometrage allowed by the
Rules.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
GENERAL RULE
a. The court which issued the
subpoena may issue a warrant
for the arrest of the witness and
make him pay the cost of such
warrant and seizure, if the court
should determine that his
disobedience was willful and
without just cause (Sec. 8);
b. The refusal to obey a subpoena
without adequate cause shall be
deemed a contempt of the court
issuing it (Sec.9).
Exceptions:
Provisions regarding the compelling of
attendance (Sec. 8) and contempt (Sec.
9) does not apply where:
a. Witness resides more than 100
km from his residence to the
place where he is to testify by
the ordinary course of travel,
generally,
by
overland
transportation
(VIATORY
RIGHT).
b. Permission of the court in which
the detention prisoners case is
pending was not obtained.
RULES OF DISCOVERY
DISCOVERY - is the procedure by which
one party in an action is enabled to
obtain before trial knowledge of relevant
facts and of material evidence in the
possession of the adverse party or of a
witness.
Rationale of discovery: to enable the
parties to obtain the fullest possible
knowledge of the issues and evidence
long before the trial to prevent such trial
from being carried on in the dark.
Modes of discovery under the Rules of
Court
1. Depositions pending action (Rule
23).
2. Depositions before action or
pending appeal (Rule 24).
3. Interrogatories to parties (Rule
25).
IN
REMEDIAL LAW
RULE 23
DEPOSITIONS PENDING ACTION
DEPOSITION is a written testimony of a
witness given in the course of a judicial
proceeding in advance of the trial or
hearing upon oral examination or in
response to written interrogatories and
where an opportunity is given for crossexamination.
Depositions are intended as a means to
compel disclosure of facts resting in the
knowledge of a party or other person,
which are relevant in a suit/proceeding.
CLASSIFICATIONS OF DEPOSITIONS
1. Depositions
on
ORAL
EXAMINATION and Depositions
upon
WRITTEN
INTERROGATORIES
2. Depositions DE BENE ESSE those taken for purposes of a
pending action (Rule 23) ; and
3. Depositions IN PERPETUAM REI
MEMORIAM - those taken to
perpetuate
evidence
for
purposes of anticipated action,
or in the event of further
proceedings in a case on appeal,
and to preserve it against danger
of loss (Rule 24).
43
WHEN TAKEN
WITH LEAVE OF COURT
1. after jurisdiction has been
obtained over any defendant or
over the property which is the
subject of the action and
BEFORE answer.
2. Deposition of a person confined
in prison.
WITHOUT LEAVE OF COURT
AFTER answer AND deponent is not
confined in prison.
Section 4. Use of depositions.
Where the witness is available to testify
and the situation is not one of those
excepted under Sec. 4, his deposition is
inadmissible in evidence and he should
be made to testify.
It can be used as evidence by a party for
any purpose
under the
specific
conditions in Sec. 4.
DEPONENT
USE
Any person
Commission
or
letters
COMMISSION
LETTERS ROGATORY
Issued to a non-
Issued to the
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
judicial foreign officer appropriate judicial
who will directly take officer of the foreign
the testimony
country who will direct
somebody in said
foreign country to take
down testimony
Applicable rules of
Applicable rules of
procedure are those of procedure are those of
the requesting court
the foreign court
requested to act
Resorted to if
Resorted to if the
permission of the
execution of the
foreign country is commission is refused in
given
the foreign country
Leave of court is not
Leave of court is
necessary
necessary
IN
REMEDIAL LAW
RULE 25
INTERROGATORIES TO PARTIES
PURPOSE of Written Interrogatories: to
elicit facts from any adverse party
(answers may also be used as admissions
of the adverse party)
Written interrogatories and the answers
thereto must both be FILED and SERVED.
Interrogatories
Bill of Particulars
A
party
may
serve
written
interrogatories:
1. WITHOUT LEAVE OF COURT
after answer has been served,
for
the
first
set
of
interrogatories.
2. WITH LEAVE OF COURT before
answer
has
been
served
(REASON: at that time, the
issues are not yet joined and the
disputed facts are not yet clear,
when more than one set of
interrogatories is to be served.)
A judgment by default may be rendered
against a party who fails to answer
written interrogatories
45
As to Deponent
party only
As to Procedure
As to Procedure
With intervention of
no intervention.
the officer authorized
Written
by the Court to take
interrogatories are
deposition
directed to the party
himself
As to Scope
Direct, cross, redirect,
re-cross
As to Scope
only one set of
interrogatories
Interrogatories
no fixed time
Interrogatories
15 days to answer
unless extended or
reduced by the court
RULE 26
ADMISSION BY ADVERSE PARTY
Section 1. Request for admission.
PURPOSE OF written request for
admission is to expedite trial and relieve
the parties of the costs of proving facts
which will not be disputed on trial and
the truth of which can be ascertained by
reasonable inquiry.
When request may be made: at any time
after the issues have been joined.
What request may include
1. Admission of the genuineness of
any material and relevant
document described in and
exhibited with the request.
2. Admission of the truth of any
material and relevant matter of
fact set forth in the request.
3. Under this rule, a matter of fact
not related to any documents
may be presented to the other
party for admission or denial.
Section 2. Implied Admission.
The effect of a FAILURE to make a reply
to a request for admission is that each of
the matters of which an admission is
requested is deemed admitted.
A sworn statement either denying
specifically each matter or setting forth
in detail the reasons why he cannot
truthfully admit or deny those matters
must be filed and served upon the party
requesting the admission.
Section 3. Effect of admission.
USE: An admission under this section is
for the purpose of the pending action
only and cannot be used in other
proceedings.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
The party who fails or refuses to request
the admission of facts in question is
prevented from thereafter presenting
evidence thereon UNLESS otherwise
allowed
by
the
court
(Sec.5).
RULE 27
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
Production of documents affords more
opportunity for discovery than a
subpoena duces tecum because in the
latter, the documents are brought to the
court for the first time on the date of
the scheduled trial wherein such
documents are required to be produced.
The TEST to be applied in determining
the relevancy of the document and the
sufficiency of their description is one of
reasonableness and practicality.
PRODUCTION OR
INSPECTION OF
DOCUMENTS OR
THINGS
SUBPOENA DUCES
TECUM
RULE 28
PHYSICAL AND MENTAL EXAMINATION
OF PERSONS
The mental condition of a party is in
controversy
in
proceedings
for
GUARDIANSHIP over an imbecile or
insane person, while the physical
condition of the party is generally
involved in PHYSICAL INJURIES cases.
Since the results of the examination are
intended to be made public, the same
IN
REMEDIAL LAW
47
render
his
excusable.
Section 5. Order of
directed by the court.
non-attendance
trial
unless
Defendant presents
evidence to
support his
defense/countercla
im/crossclaim/
third party
complaint
Third
party
defendant
presents
eidence, if
any
Defendant files
demurrer to
evidence
If court
grants
motion:
Renders
dismisal
If court
denies
motion:
Continues
with
hearing
MEMORY AID
possible compromise but the
other party refused the offer.
Section 9. Judge to receive evidence;
delegation to clerk of court.
GENERAL RULE: the judge must himself
personally receive and resolve the
evidence of the parties.
However, the reception of such
evidence may be delegated under the
following conditions:
1. The delegation may be made
only in defaults or ex parte
hearings, or an agreement in
writing by the parties.
2. The reception of evidence shall
be made only by the clerk of
that court who is a member of
the bar.
3. Said clerk shall have no power to
rule on objections to any
question or to admission of
evidence or exhibits; and
4. He shall submit his report and
transcripts of the proceedings,
together with the objections to
be resolved by the court, within
10 days from the termination of
the hearing.
RULE 31
CONSOLIDATION OR SEVERANCE
GENERAL
RULE:
Consolidation
is
discretionary upon the court
EXCEPTIONS: Consolidation becomes a
matter of duty when:
1. if the cases are pending before
the same judge OR
2. if filed with different branches
of a court and one of such cases
has NOT been partially tried.
REQUISITES FOR CONSOLIDATION:
1. When
actions
involving
a
common question of law or fact,
and
2. The actions are pending before
the same court
if filed with DIFFERENT
courts, authorization from
the SC is necessary.
3 WAYS OF CONSOLIDATING CASES:
IN
REMEDIAL LAW
1. by
RECASTING
THE
CASES
ALREADY
INSTITUTED,
conducting only one hearing and
rendering only one decision;
2. by CONSOLIDATING THE EXISTING
CASES and holding only one
hearing and rendering only one
decision; and
3. by HEARING ONLY THE PRINCIPAL
CASE and suspending the hearing
on the others until judgment has
been rendered in the principal
case. (TEST-CASE METHOD)
Consolidation of cases on appeal and
assigned to different divisions of the SC
and the CA is also authorized. Generally,
the case which was appealed later and
bearing the higher docket no. is
consolidated with the case having the
lower docket no.
RULE 32
TRIAL BY COMMISSIONER
COMMISSIONER- a person to whom a
cause pending in court is referred, for
him to take testimony, hear the parties
and report thereon to the court, and
upon whose report, if confirmed,
judgment is rendered.
Reference to a commissioner may be had
by the written consent of both parties.
Situations when reference to a
Commissioner may be made on motion
(Sec.2):
1. Examination of a long account
2. Taking of an account is
necessary
3. Question of fact, other than
upon the pleading arises; or
4. Carrying a judgment or order
into effect.
Disobedience to a subpoena issued by
the commissioner is deemed a contempt
of the court which appointed the latter.
RULE 33
DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence.
49
DEMURRER TO
EVIDENCE
MOTION TO DISMISS
It is presented after
the plaintiff has
rested his case
presented before a
responsive pleading
(answer) is made by
the defendant
The ground is based it may be based on any
on insufficiency of
of those enumerated
evidence
in Rule 16
2 Scenarios
MOTION DENIED
MOTION GRANTED
BUT REVERSED ON
APPEAL
CIVIL CASES
CRIMINAL CASES
is reversed by the
jeopardy sets-in
appellate court, it will
decide the case on the
basis of the plaintiffs
evidence with the
consequence that the
defendant already loses
his right to present
evidence no res
judicata in dismissal
due to demurrer
if court denies
if court denies the
demurrer, defendant
demurrer:
will present his
If demurrer was with
evidence
leave, accused may
present his evidence
If the demurrer was
without leave,
accused can no
longer present his
evidence and submits
the case for decision
based on the
prosecutions
evidence
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
b. insufficient denial of the
material allegations of
the complaint ; or
2. Answer
admits
material
allegations of the adverse
partys pleading
Motion to Dismiss
Motion for
judgment on the
pleadings
RULE 35
SUMMARY JUDGMENTS
SUMMARY JUDGMENT
One granted by the court for the prompt
disposition of civil actions wherein it
clearly appears that there exists NO
genuine issue or controversy as to any
material fact.
Who can File
1. Plaintiff: he must wait for the
answer to be filed and served, and
thus for the issue to be joined,
before he can move for summary
judgment.
IN
REMEDIAL LAW
SUMMARY
JUDGMENT
JUDGMENT JUDGMENT
ON THE
BY DEFAULT
PLEADINGS
(Rule 9)
RULE 36
JUDGMENTS, FINAL ORDERS AND ENTRY
THEREOF
51
1. To make corrections of
clerical
errors,
not
substantial amendments, as
by an amendment nunc pro
tunc.
2. To clarify an ambiguity
which is borne out by and
justifiable in the context of
the decision.
3. In judgments for support,
which
can
always
be
amended from time to time.
MANNER OF ATTACKING JUDGMENTS:
1. Direct attack
a. before finality
1. motion for new trial or
reconsideration;
2. appeal
b. after finality
1. relief from judgment, rule
38
2.
annulment of judgment,
Rule 47.
2.Collateral attack
PROMULGATION OF JUDGMENT
Court Renders Decision
Losing Party
Accepts
decision
without further
contest
Court
maintains
decision
If no appeal is
taken or did
not avail of
2005 CENTRALIZED BAR OPERATIONSremedies,
EXECUTIVE COMMITTEE AND SUBJECT
CHAIRPERSONS
judgment
Maricel Abarentos (Over-all Chairperson), Ronaldbecomes
Jalmanzar
Yolanda
final (Over-all Vice Chair),
Losing
party may
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy
Inductivo
Masukat (VCand
executory(VC-Finance), Elaineappeal
within the
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
remaining
period
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla
(Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Section 4. Several judgments.
Several judgment is proper where the
liability of each party is clearly
separable and distinct from his coparties such that the claims against each
of them could have been the subject of
separate suits, and the judgment for or
against one of them will not necessarily
affect the other.
A several judgment is NOT proper in
actions against solidary debtors.
Section 6. Separate Judgments
Proper when more than one claim for
relief is presented in an action and a
determination as to the issues material
to the claim has been made. The action
shall proceed as to the remaining
claims.
IN
Judgment upon
Compromise
Judgment NUNC PRO TUNC (literally
means now for then)
rendered to enter or record such
judgment as has been formerly
rendered but has not been
entered as thus rendered
its only function is to record
some act of the court which was
done at a former time, but
which was not then recorded, in
order to make the record speak
the truth, without any changes
in substance or any material
respect.
Judgment
upon
Agreement
or
Compromise
A compromise agreement between the
parties to a case on which the decision
of the court was based has upon the
parties the effect and authority of res
judicata. It is immediately executory.
Judgment by Confession
Judgment upon confession is one which
is rendered against a party upon his
petition or consent. It usually happens
when the defendant appears in court and
confesses the right of the plaintiff to
judgment or files a pleading expressly
agreeing to the plaintiffs demand.
REMEDIAL LAW
Judgment by
Confession
Clarificatory Judgment
rendered by the court, upon motion,
when a judgment previously rendered is
ambiguous and difficult to comply with.
AMENDED OR
CLARIFIED
JUDGMENT
SUPPLEMENTAL
DECISION
It is an entirely new
decision and
supersedes the
original judgment
Court makes a
thorough study of the
original judgment and
renders the amended
and clarified judgment
only after considering
all the factual and
legal issues
Serves to bolster or
add to the original
judgment
RULE 37
NEW TRIAL OR RECONSIDERATION
53
Order denying
motion for new trial
MOTION FOR
RECONSIDERATION
The grounds are: fraud, The grounds are: the
accident, mistake or
damages awarded are
excusable negligence or excessive, that the
newly discovered
evidence is insufficient
evidence which could to justify the decision
not, with reasonable
or final order, or that
diligence, have
the decision or final
discovered and produced order is contrary to
at the trial, and which if
law.
presented would
probably alter the result
Second motion may be Second motion from
allowed
same party is
prohibited
If a new trial is granted if the court finds that
the trial court will set
excessive damages
aside the judgment or have been awarded or
final order
that the judgment or
final order is contrary
to the evidence or law,
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
acceptance from long
established usage
NOTE: It is actually
mentioned in the Rules
of Criminal Procedure
Proper only after
May properly be
promulgation of
presented only after
judgment
either or both the
parties have formally
offered and closed
their evidence before
judgment
Based upon specific Controlled by no other
grounds set forth
rule than the
under Rule 37 in civil paramount interests of
cases and Rule 121 in justice, resting entirely
criminal cases
on the sound discretion
of a trial court, the
exercise of which
discretion will not be
reviewed on appeal
UNLESS a clear abuse
thereof is shown
IN
REMEDIAL LAW
RULE 37
RULE 38
Available BEFORE
judgment becomes
final and executory
Applies to
JUDGMENTS or FINAL
ORDERS only
Available AFTER
judgment has become
final and executory
Applies to judgments,
final orders and other
proceeding:
1.Land Registration
2.Special Proceedings
3. Order of Execution
GROUNDS:
i. FAME
ii. Newly discovered
evidence
WHEN AVAILED OF:
Within the time to
appeal
GROUNDS:
FAME
WHEN AVAILED OF:
within 60 days from
knowledge of the
judgment AND
within 6 months from
entry of judgment
If denied, the order
denying a petition for
relief is NOT
appealable; the
remedy is appropriate
civil action under Rule
65
Equitable remedy
Petition must be
verified
55
RULE 39
EXECUTION, SATISFACTION AND
EFFECT OF JUDGMENTS
EXECUTION remedy provided by law
for the enforcement of a final judgment.
AGAINST WHOM ISSUED: execution can
only issue against a party and not against
one who has not had his day in court.
WRIT OF EXECUTION: judicial writ
issued to an officer authorizing him to
execute the judgment of the court.
ESSENTIAL REQUISITE OF A WRIT OF
EXECUTION: a writ of execution to be
valid, must conform strictly to the
decision or judgment which gives it life.
It cannot vary the terms of the judgment
it seeks to enforce
FINAL JUDGMENT OR ORDER- one which
disposes of the whole subject matter or
Judgment is
executed by
motion within
5 years from
date of its
entry
If the winning
party does not
move for
execution w/in
5 years but
before 10
years from the
date of entry
of judgment,
the same can
only be revived
by means of a
new action /
petition
Execution is a
matter of right
after
expiration of
period to
appeal and no
appeal is
perfected
terminates
the
Discretionary
execution upon
good reasons
stated in a
special order
after due
hearing
Abarentos
(Over-all Chairperson),
Ronald
Jalmanzar
Yolanda
Tolentino(VC-Acads),
Jennifer Ang
(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCLosing
party is made to indemnify
thru:
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
payment
with
interest;
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
levy and sale
of personal
Charmaine
Torres
(Taxationproperty;
Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law),
Annof
Uyreal
(Remedial
Law), Jackie Lou Bautista (Legal Ethics)
levy Jinky
and sale
property;
delivery of personal and real property
MEMORY AID
QUASHAL OF WRIT PROPER WHEN:
1. Improvidently issued
2. Defective in substance
3. Issued against the wrong party
4. Judgment already satisfied
5. Issued without authority
Section 2. Discretionary Execution
DISCRETIONARY
EXECUTION
EXECUTION AS A
MATTER OF RIGHT
Discretionary upon
the court; there is
inquiry on whether
there is GOOD
REASON for
execution
Ministerial duty of
the court PROVIDED
there are no
supervening events
IN
REMEDIAL LAW
57
ATTACHMENT
GARNISHMENT
Refers to corporeal
property in the
possession of the
judgment debtor.
refers to money,
stocks, credits and
other incorporeal
property which belong
to judgment debtor
but is in the possession
or under the control of
a third person
Section
16. Proceedings Where
Property Claimed By Third Person.
REMEDIES of THIRD PARTY CLAIMANT
1. Summary hearing before the
court which authorized the
execution;
2. TERCERIA or third party claim
filed with the sheriff;
3. Action for damages on the bond
posted by judgment creditors; or
4. Independent
reinvidicatory
action.
The remedies are cumulative and may be
resorted to by third party claimant
independently of or separately from the
others.
If winning party files a bond, it is only
then that the sheriff can take the
property in his possession. IF NO BOND,
cannot proceed with the sale.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
SALE ON EXECUTION
Notice of sale is required before levied
property can be sold at public auction
(Sec. 15).
Remedy against an irregular sale is
MOTION TO VACATE OR SET ASIDE THE
SALE to be filed in the court which
issued the writ.
REDEMPTION (Secs. 27 & 28)
Right of Redemption:
1. Personal Property NONE; sale is
absolute
2. Real Property there is a right of
redemption
WHO may redeem (Sec. 27)
Only the following:
a. Judgment
obligor,
or
his
successor in interest, in whole or
any part of the property; OR
b. Redemptioner who is a creditor
having a:
1) Lien by attachment on
the
property
sold
subsequent to the lien
under
which
the
property was sold,
2) Lien by judgment on the
property sold subsequent
to the lien under which
the property was sold;
3) Lien by mortgage on the
property sold subsequent
to the lien under which
the property was sold.
WHEN CAN REDEMPTION BE MADE?
BY THE JUDGMENT OBLIGOR: Within one
(1) year from the date of registration of
the certificate of sale.
BY THE REDEMPTIONER:
1. Within one year from the date of
registration of the certificate of
sale; or
2. Within sixty days from the last
redemption
by
another
redemptioner
If the judgment obligor redeems, no
further redemption is allowed (Sec.
29).
IN
REMEDIAL LAW
59
5.
6.
7.
2.
3.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Par (A) refers to rule ON RES JUDICATA
in judgments IN REM
JUDGMENT or
FINAL ORDER
EFFECT: CONCLUSIVE
AS TO
Against a specific
thing
Probate of a will or
administration of
the estate of a
deceased person
In respect to the
personal, political,
or legal condition or
status of a
particular person
Will or administration
However, ONLY prima
facie evidence of the
death of the testator
or intestate
Condition, status or
relationship of the
person
IN
REMEDIAL LAW
the RTC
appellee files his own memorandum
The first15judgment
days from isreceipt of appellants
conclusive
only as to
memorandum
61
ORDINARY APPEAL
PETITION FOR
REVIEW
Matter of right
All the records are
elevated from the
court of origin
Notice of record on
appeal is filed with
the court of origin
Discretionary
No records are
elevated unless the
court decrees it
Filed with the CA
By Record on appeal:
1. for special proceedings such as
probate; and
2. in such other cases where
multiple appeals are allowed as
in
partition
and
in
expropriation.
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
1.
2.
3.
4.
5.
to issue
orders
for
the
preservation of the rights of the
parties which do not involve
matters litigated by appeal;
to approve compromise prior to
the transmittal of the record;
permit appeal by an indigent;
order execution pending appeal
under Rule 39, Sec.2 ( motion
for execution was filed before
the expiration of the period to
appeal;
allow withdrawal of the appeal.
5.
6.
REMEDIAL LAW
APPEALABLE CASES
1. Judgments or final orders that
completely disposes of the case.
2. A particular matter in a
judgment declared by the Rules
to be appealable.
4.
IN
Petition for
review on
certiorari
[Rule 45]
Case is decided
Case is
by the RTC in
decided by
its original
the MTC.
jurisdiction
Appealed to
Appealed to the
the RTC.
The case
raises only a
question of
law
63
CA
Petition for
review with
the CA
File a verified
petition for
review on
certiorari with
the SC (R 45)
Pay docket
and lawful
fees and P 500
for costs.
Submit proof
of service of a
copy to the
lower court
and adverse
party.
RULE 42
PETITION FOR REVIEW FROM THE
REGIONAL TRIAL COURTS TO THE
COURT OF APPEALS
Petition for review is not a matter of
right but discretionary on the CA. It may
only give due course to the petition if it
shows on its face that the lower court
has committed an error of fact and/or
law that will warrant a reversal or
modification of the decision or judgment
sought to be reviewed; OR dismiss the
petition if it finds that it is patently
without merit, or prosecuted manifestly
for delay, or the questions raised therein
are too unsubstantial to require
consideration.
It is merely discretionary on the CA to
order the elevation of the records. This
is because until the petition is given due
course, the trial court may still issue a
warrant of execution pending appeal and
in some cases such as ejectment and
those of Summary Procedure, the
judgments are immediately executory. It
is only when the CA deems it necessary
that the Clerk of the RTC will be ordered
to elevate the records of the case.
RULE 43
APPEALS FROM THE COURT OF TAX
APPEALS AND THE QUASI-JUDICIAL
AGENCIES TO THE CA
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Judgments and final orders or resolutions
of the NLRC are reviewable by the
COURT OF APPEALS in an original action
for certiorari under Rule 65 (St. Martin
Funeral Home vs. NLRC, Sept. 16, 1998).
A party adversely affected by a decision
or ruling of the CTA en banc may file
with the Supreme Court a verified
petition for review on certiorari pursuant
to Rule 45 (Sec. 12, RA 9282).
IN
REMEDIAL LAW
Ordinary appeals
Certiorari, Prohibition,
Mandamus, Quo
Warranto and Habeas
Corpus cases
within 30 days
Contents specified
by Rules
RULE 44
ORDINARY APPEALED CASES
Section 9. Appellants reply brief.
Failure to file appellant's brief on time is
a ground for dismissal of the appeal.
If a motion to dismiss an appeal has been
filed, it suspends the running of the
period for filing the appellant brief, as
the same would be unnecessary should
the motion be granted.
The failure of the appellant to make
specific assignment of errors in his brief
or page references to the record as
required in this section is a ground for
dismissal of his appeal.
RULE 45
APPEAL BY CERTIORARI TO THE
SUPREME COURT
RTC, Sandiganbayan or CA
renders decision
BRIEF
MEMORANDUM
Section
1.
with Supreme
Filing of petition
Court
65
QUESTIONS OF LAW
QUESTIONS OF
FACT
doubt or controversy
as to what the law is
on certain facts
doubt or difference
arises as to the truth
or falsehood of facts,
or as to probative
value of the evidence
presented
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
petition is based on
questions of law
It is a mode of appeal
Court exercises
original jurisdiction
IN
REMEDIAL LAW
RULE 46
ORIGINAL CASES
Section 2. To what actions applicable.
Under B.P. Blg. 129, the CA has original
jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus
and quo warranto, and auxiliary writs or
processes, whether or not they are in aid
of its appellate jurisdiction, and it has
exclusive original jurisdiction over
actions for annulment of judgments of
Regional Trial Courts.
67
RULE 47
ANNULMENT OF JUDGMENTS OR FINAL
ORDERS AND RESOLUTIONS
Annulment of judgment is a remedy in
law independent of the case where the
judgment sought to be annulled was
rendered and may be availed of though
the judgment has been executed.
One important condition for the
availment of this remedy - the petitioner
failed to move for new trial in, or appeal
from, or file a petition for relief against,
or take other appropriate remedies
assailing the questioned judgment or
final order or resolution through no fault
attributable to him.
If he failed to avail of those other
remedies without sufficient justification,
he cannot resort to annulment provided
in this Rule, otherwise he would benefit
from his own inaction or negligence.
Grounds
for
ANNULMENT
OF
JUDGMENT
1. extrinsic fraud or collateral
fraud;
2. lack of jurisdiction;
Extrinsic fraud shall not be a valid
ground if it was availed of, or could have
been availed of, in a motion for new
trial or petition for relief.
EXTRINSIC OR COLLATERAL FRAUD is
any fraudulent act of the prevailing
party in the litigation which is
committed outside of the trial of the
case, whereby the defeated party has
been prevented from exhibiting fully and
fairly presenting his side of the case.
EXTRINSIC
FRAUD
Period of
Filing
action
Effect of
judgment
LACK OF
JURISDICTION
Original action
may be refiled
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
With the exception of Section 1 (b)
dismissal of an appeal is directory and
not mandatory.
Other grounds for the dismissal of an
appeal are:
1. by agreement of the parties, as
where the case was amicably
settled by them.
2. where the appealed case has
become moot or academic.
3. where the appeal is frivolous or
dilatory.
Section 2. Dismissal of improper appeal
to the Court of Appeals
No transfer of appeals, erroneously
taken to it or to the Court of Appeals,
whichever of these tribunals has
appropriate appellate jurisdiction, will
be allowed. Also, elevating such appeal
by the wrong mode of appeal shall be a
ground for dismissal.
A resolution of the Court of Appeals
dismissing the appeal and remanding the
case to the trial court for further
proceedings is merely interlocutory,
hence a motion for its reconsideration
filed year later may be entertained and
granted
Section 3. Withdrawal of Appeal
Court of Appeals may dismiss the appeal
outright even without motion. The
remedy if dismissed for improper appeal
is to refile it in the proper forum but has
to be within the prescribed period.
RULE 51
JUDGMENT
Law of the Case the opinion delivered
on a former appeal. It means that
whatever
is
once
irrevocably
established, as the controlling legal rule
or decision between the same parties in
the same case, continues to be the law
of the case, whether correct on general
principles or not, so long as the facts on
which such decision was predicated
continue to be the facts before the
court.
IN
REMEDIAL LAW
69
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
quasi-contract, delict or quasidelict against a party about to
depart from the Phils. with
intent to defraud his creditors;
2. In actions for recovery of money
or property embezzled or
fraudulently converted to his
own use by a public officer, or
an officer of a corp., or an
attorney, factor, broker, agent
or clerk, in the course of his
employment as such, or by any
person in a fiduciary capacity;
3. In actions to recover property
unjustly taken or concealed,
when the property or any of its
part, has been concealed or
disposed of to prevent its being
found by the applicant or any
authorized person;
4. In actions against a person guilty
of fraud in incurring or
performing an obligation upon
which the action is based;
5. In actions against a party who
has removed or disposed of his
property, or is about to do so,
with intent to defraud his
creditors;
6. In actions against non-residents
not found in the Phils., or on
whom summons is served by
publication.
RULE 58
PRELIMINARY INJUNCTION
Preliminary Injunction an order granted
at any stage of an action or proceeding
prior to the judgment requiring a party
or a court, agency or a person to refrain
from a particular act or acts.
PRELIMINARY MANDATORY Injunction
an order requiring the performance of a
particular act or acts.
Grounds
IN
REMEDIAL LAW
71
PROHIBITION
directed against a
party in the action
Directed against a
court, tribunal or a
person exercising
judicial powers
Based on the ground
that the court against
whom the writ is
sought had acted
without or in excess of
jurisdiction
RULE 59
RECEIVERSHIP
WHEN MAY BE GRANTED
1. applicant has an interest in the
property or fund subject of the
proceeding and such property is
in danger of being lost or
materially injured unless a
receiver is appointed;
2. in foreclosure of mortgage, when
the property is in danger of
being wasted or dissipated and
that its value is probably
insufficient to discharge the
mortgage debt or that it has
been agreed upon by the parties;
3. after judgment, to preserve the
property during the pendency of
an appeal or to dispose of it
accdg. to the judgment or to aid
execution;
ATTACHMENT
Available even if
recovery of property is
only incidental to the
relief sought.
Available from
commencement but
before entry of
judgment
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VCEDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law),
Charmaine Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial
Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
MEMORY AID
Bond is DOUBLE the
value of the property
IN
REMEDIAL LAW
RULE 61
SUPPORT PENDENTE LITE
When may be applied for: at the
commencement of the action or at any
time before judgment or final order.
Failure to comply with an order granting
support pendente lite may warrant the
issuance of an order of execution against
the non-complying party.
He may
likewise be liable for contempt.
See matrix on provisional remedies
more detailed information.