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GENERAL PRINCIPLES

GENERAL PRINCIPLES 3. Under appropriate


circumstances, courts
CONCEPT OF REMEDIAL LAW may deny the
retroactive application
Remedial Law (2006 Bar Question) of procedural laws in
the event that to do so
They are adjective laws which prescribe rules and forms of would not be feasible or
procedure of enforcing rights or obtaining redress for their would work injustice
invasion. They refer to rules of procedure by which courts
applying laws of all kinds can properly administer justice. 4. If to do so would involve
They include rules of pleadings, practice and evidence (Tan, intricate problems of
Jr. v. CA, G.R. No. 136368, January 16, 2002). due process or impair
the independence of
It plays a vital role in the administration of justice. It lies at the courts (Tan Jr. v. CA,
the very core of procedural due process, which means a law G.R. No. 136368,
which hears before it condemns, one which proceeds upon January 16, 2002).
inquiry and renders judgment only after trial, and Enacted by Congress The SC is expressly
contemplates an opportunity to be heard before judgment empowered to promulgate
is rendered (Albert v. University Publishing, G.R. No. L- procedural rules
19118, January 30, 1965; Herrera, 2007).

SUBSTANTIVE LAW VIS-A-VIS REMEDIAL LAW NOTE: If the rule takes away a vested right, it is not procedural. If
the rule creates a right such as the right to appeal, it may be
Substantive Law Remedial Law classified as substantive matter; but if it operates as a means of
Part of the law which Prescribes the methods of implementing an existing right, then the rule deals merely with
procedure (Fabian v. Desierto, G.R. No. 129742, September 16,
creates, defines or enforcing those rights and
1998).
regulates rights obligations created by
concerning life, liberty or substantive law (Bustos v. Principal sources of remedial law
property (Primicias v. Lucero, 81 Phil 640).
Ocampo, 81 Phil 650) or 1. Constitution
the powers of agencies or 2. Different laws creating the judiciary, defining and
instrumentalities for the allocating jurisdiction to courts different levels
administration of public 3. Procedural laws and rules promulgated by the SC
affairs, which when 4. Circulars
violated gives rise to a 5. Administrative orders
cause of action (Bustos v. 6. Internal rules
Lucero, 81 Phil 640). 7. Court decisions (Herrera, 2007).
Creates vested rights Does not create vested
rights Object of remedial law
Generally prospective in GR: May be applied
application retroactively The object is not to cause an undue protraction of the
litigation, but to facilitate the adjudication of conflicting
NOTE: A person has no vested claims and to serve, rather than to defeat, the ends of
right in any particular remedy,
justice (Santo Tomas University Hospital v. Surla, et al., G.R.
and a litigant cannot insist on
the application to the trial of his No. 129718, August 17, 1998 referring to Continental Leaf
case, whether civil or criminal, Tobacco, Inc. v. IAC, 140 SCRA 269).
of any other than the existing
rules of procedure (Tan Jr. v. CA, Objective of Rules of Court
G.R. No. 136368, January 16,
2002). To secure a: (JuSI)
1. Just,
XPNs: 2. Speedy
1. The statute itself 3. Inexpensive disposition of every action and proceeding
expressly or by (Sec. 6, Rule 1).
necessary implication
provides that pending Implementation of remedial laws in our system of
actions are excepted government (2006 Bar Question)
from its operation
They are implemented through the judicial system,
2. To apply it to pending including the prosecutory service of courts and quasi-
proceedings would judicial agencies.
impair vested rights

UNIVERSITY OF SANTO TOMAS


1 FACULTY OF CIVIL LAW
REMEDIAL LAW
Interpretations of the provisions of the Rules of Court Power of the SC to suspend the application of the Rules of
(1998 Bar Question) Court and exempt a case from its operation

GR: The Rules shall be liberally construed in order to The courts have the power to relax or suspend technical or
promote their objective of securing a just, speedy and procedural rules or to except a case from their operation
inexpensive disposition of every action and proceeding when compelling reasons so warrant or when the purpose
(Sec. 6, Rule 1). of justice requires it (Commissioner of Internal Revenue v.
Migrant Pagbilao, Corporation, G.R. No. 159593, October
XPNs: The following shall be strictly construed: 12, 2006).

1. Reglementary periods; Reasons that would warrant the suspension of the Rules
2. Rule on forum shopping; and of Procedure
3. Service of summons
1. The existence of special or compelling circumstances;
NOTE: By liberal construction of statutes the courts from the 2. The merits of the case;
language used, the subject matter, and the purposes of those
3. A cause not entirely attributable to the fault or
framing laws, are able to find out their true meaning (Tanada v.
Yulo, G.R. No. L-43575, May 31, 1935).
negligence of the party favored by the suspension of
rules;
Rule on Uniform Interpretation 4. A lack of any showing that the review sought is merely
frivolous and dilatory; and
The principle expressed in the maxim interpretare et
5. The other party will not be unjustly prejudiced thereby
concordare legibus est optimus interpretendi, or that every
(Sarmiento v. Zaratan, G.R. No. 167471, February 5,
statute must be so construed and harmonized with other
2007).
statutes as to form a uniform system of jurisprudence
applies in interpreting both sets of Rules such as the 1997
Power to stay proceedings and control its processes
Rules on Civil Procedure and the Rule on Summary
Procedure regarding the finality of judgments (Banares II v.
The power to stay proceedings is incidental to the power
Balising, G.R. No. 132624, March 13, 2000; Herrera, 2007).
inherent in every court to control the disposition of the
cases on its dockets, considering its time and effort, and
RULE-MAKING POWER OF THE SUPREME COURT
that of counsel and the litigants. But if proceedings must be
stayed, it must be done in order to avoid multiplicity of
Extent of the rule-making power of the SC
suits and prevent vexatious litigations, conflicting
judgments, and confusion between litigants and courts
It has the power to promulgate rules concerning:
(Security Bank Corp. v. Judge Manuel Victorio, 468 SCRA
1. The protection and enforcement of constitutional
609).
rights,
2. Pleading, practice, and procedure in all courts,
NATURE OF PHILIPPINE COURTS
3. The admission to the practice of law,
4. The integrated bar, and
MEANING OF A COURT
5. Legal assistance to the underprivileged [Art. VIII, Sec.
5(5), 1987 Constitution].
Court
Limitations on the rule-making power of the SC (SIU-DIM)
Court is an organ of the government, belonging to the
judicial department, whose function is the application of
1. It shall provide a simplified and inexpensive procedure
laws to controversies brought before it and the public
for the speedy disposition of cases.
administration of justice (Blacks Law Dictionary, 8th ed.).
2. The rules must be uniform for all the courts of the
same grade.
3. The rules must not diminish, increase or modify Functions of court (DAI)
substantive rights (Cruz, 2002).
1. Decide actual controversies and not to give opinions
POWER OF THE SUPREME COURT TO AMEND AND upon abstract propositions (Guarduno v. Diaz, 46 Phil.
SUSPEND PROCEDURAL RULES 472)
2. Apply the law
Power of the SC to amend the Rules of Court 3. Interpret the law.

NOTE: It does not formulate public policy, which is the province of


The SC has the power to amend, repeal or even establish
the legislative and executive branches of government (Electromat
new rules for a more simplified and inexpensive process, Manufacturing and Recording Corporation v. Hon. Ciriaco
and the speedy disposition of cases (Makati Insurance Co., Lagunzad, G.R. No. 172699, July 27, 2011 citing Pagpalain Haulers,
Inc. v. Reyes, G.R. No. 167403, August 6, 2008). Inc. v. Honorable Trajano, etc., 1999).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
2
GENERAL PRINCIPLES
COURT AS DISTINGUISHED FROM A JUDGE CONSTITUTIONAL AND STATUTORY COURTS

Court Judge Constitutional Court Statutory Court


It is a tribunal officially Simply an officer of such Created by the Constitution. Created by law other
assembled under authority tribunal (Wagenhorst v. e.g. SC than Constitution. e.g.
of law. Philadelphia Life CA, Sandiganbayan, CTA,
Insurance Co., 358 Pa. RTC, MTC, MeTC, MCTC,
55 cited by Blacks 5th MTCC
ed.). Cannot be abolished by May be abolished by
Disqualification of a judge May be disqualified Congress without amending Congress by just simply
does not affect the court. the Constitution repealing the law which
Physical person (People created those courts
It is a being in imagination
ex rel. Herndon v. Opekl,
comparable to a
188 III 194, 58 NE 1996,
corporation.
cited by Blacks 5th ed.). NOTE: All courts in the Philippines except the SC are statutory
courts. They have been created by statutory enactments (Riano,
CLASSIFICATION OF PHILIPPINE COURTS 2011).The Sandiganbayan is only a constitutionally-mandated
court since, although its existence is provided under Constitution,
1. Regular courts its creation was by statutory enactment.
a. Supreme Court
COURTS OF LAW AND EQUITY
b. Court of Appeals
c. Regional Trial Courts
Courts of Law Courts of Equity
d. Metropolitan Trial Courts, Municipal Trial Courts
in Cities, Municipal Trial Courts , Municipal Circuit Any tribunal duly Any tribunal administering
Trial Courts administering the laws of justice outside the law,
the land being ethical rather than
2. Special courts jural and belonging to the
a. Sandiganbayan sphere of morals rather
b. Court of Tax Appeals than of law. It is grounded
c. Sharia District Courts, Sharia Circuit Courts on the precepts of
conscience and not on any
3. Quasi-Courts or Quasi-Judicial Agencies sanction of positive law, for
equity finds no room for
COURTS OF ORIGINAL AND SPECIAL JURISDICTION application where there is
law (Herrera, 2007).
Courts of Original Courts of Appellate Decides a case according to Adjudicates a controversy
jurisdiction jurisdiction the promulgated law according to the common
precepts of what is right
Courts exercising jurisdiction Superior courts
in the first instance reviewing and deciding and just without inquiring
into the terms of the
cases previously decided
by a lower court (21 CJS statutes
Courts 3)
Courts of Record
COURTS OF GENERAL AND SPECIAL JURISDICTION
These are courts whose proceedings are enrolled and which
are bound to keep written records of all trials and
Courts of General Courts of Special
proceedings handled by them (Luzano v. Romero et al L-
jurisdiction jurisdiction
33245, September 30, 1971). RA 6031 mandates all MTCs to
Those with competence Those which have only a
be courts of record.
to decide on their own special jurisdiction for a
jurisdiction and to take particular purpose or are
PRINCIPLE OF JUDICIAL HIERARCHY
cognizance of all cases, clothed with special
civil and criminal, of a powers for the
Principle of Judicial Hierarchy
particular nature performance of specified
(21 CJS Courts 3). duties beyond which they
The principle provides that lower courts shall initially decide
have no authority of any
a case before it is considered by a higher court. A higher
kind (21 CJS Courts 3).
court will not entertain direct resort to it unless the redress
desired cannot be obtained in the appropriate courts
(Santiago v. Vasquez, G.R. Nos. 99289-90, January 27,
1993).

UNIVERSITY OF SANTO TOMAS


3 FACULTY OF CIVIL LAW
REMEDIAL LAW
NOTE: The rationale is two-fold: NOTE: It derived from the Latin words juris and dico, which
1. It would be an imposition upon the limited time of the literally means I speak of the law.
Supreme Court.
2. Inevitable result in a delay, intended or otherwise, in Jurisdiction is conferred by substantive law
adjudication of cases, which in some instances, had to be
remanded or referred to the lower court as the proper forum
Only jurisdiction over the subject matter is conferred by
under the rules of procedure, or as better equipped to
resolve the issues because the Supreme Court is not a trier of substantive law. Jurisdiction over the parties, issues and res
facts (Heirs of Bertuldo Hinog v. Hon. Achilles Melicor, G.R. is governed by procedural laws (Riano, 2011).
No. 140954, April 12, 2005).
JURISDICTION OVER THE PARTIES
The SC is a court of last resort and must so remain if it is to
satisfactorily perform the duty assigned to it. HOW JURISDICTION OVER THE PLAINTIFF AND
DEFENDANT IS ACQUIRED
Principle of Judicial Hierarchy is NOT absolute
Jurisdiction over the plaintiff and defendant
In several cases, the court has allowed direct invocation of
the SCs original jurisdiction on the following grounds: Plaintiff Defendant
1. Special and important reasons clearly stated in the
petition; Acquired when the action is 1. By his voluntary
2. When dictated by public welfare and the advancement commenced by the filing of appearance in court and
of public policy; the complaint. This his submission to its
3. When demanded by the broader interest of justice; presupposes payment of the authority
4. When the challenged orders were patent nullities; or docket fees. 2. By valid service of
5. When analogous, exceptional and compelling summons
circumstances called for and justified the immediate 3. Other coercive process
and direct handling of the case (Republic of the upon him (arrest in
Philippines v. Hon. Ramon S. Caguioa, etc., et. Al. G.R. criminal cases)
No. 174385, February 20, 2013).
NOTE: Jurisdiction over the
NOTE: The SC may disregard the principle of hierarchy of courts if defendant is not essential in
warranted by the nature and importance of the issues raised in the actions in rem or quasi in rem
interest of speedy justice and to avoid future litigations (Riano, as long as the court has
2011). jurisdiction over the res
(Herrera, 2007).
DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF
JUDICIAL STABILITY
Voluntary appearance
GR: No court can interfere by injunction with the judgments
or orders of another court of concurrent jurisdiction having Voluntary appearance is any appearance of the defendant
the power to grant the relief sought by the injunction (Atty. in court, provided he does not raise the question of lack of
Cabili v. Judge Balindog, A.M. No. RTJ-10-2225, September jurisdiction of the court (Flores v. Zurbito, 37 Phil. 746;
6, 2011). Carballo v. Encarnacion, 92 Phil. 974). It is equivalent to
service of summons (Sec. 20, Rule 14).
XPN: The doctrine does not apply where a third party
claimant is involved (Santos v. Bayhon, G.R. No. 88643, July An appearance in whatever form, without explicitly
23, 1991). objecting to the jurisdiction of the court over the person, is
a submission to the jurisdiction of the court over the
NOTE: The rationale for the rule is founded on the concept of person. It may be made by simply filing a formal motion, or
jurisdiction: a court that acquires jurisdiction over the case and plea or answer. If his motion is for any other purpose than
renders judgment therein has jurisdiction over its judgment, to the to object to the jurisdiction of the court over his person, he
exclusion of all other coordinate courts, for its execution and over thereby submits himself to the jurisdiction of the court
all its incidents, and to control, in furtherance of justice, the (Busuego v. CA, L-48955, June 30, 1987; La Naval Drug Corp.
conduct of ministerial officers acting in connection with this
v. CA, 54 SCAD 917).
judgment (De Leon v. Hon. Salvador, et al., 146 Phil. 1051, 1057,
1970).
Filing of pleadings seeking affirmative reliefs constitutes
voluntary appearance
JURISDICTION
GR: Seeking affirmative relief constitutes voluntary
Jurisdiction
appearance, and the consequent submission of ones
person to the jurisdiction of the court.
The power and authority of a court to try, hear, and decide
a case and the power to enforce its determination (21 CJS,
XPNs: In the case of pleadings whose prayer is precisely for
9).
the avoidance of the jurisdiction of the court, which only
leads to a special appearance.

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
4
GENERAL PRINCIPLES
These pleadings are: elements are established
1. In civil cases, motions to dismiss on the ground of lack (Salmorin v. Zaldivar, G.R. No.
of jurisdiction over the person of the defendant, 169691, July 23, 2008).
whether or not other grounds for dismissal are Conferred by law which may It is sometimes made to
included; be either the Constitution depend, indirectly at
2. In criminal cases, motions to quash a complaint on the or a statute least, on the partys
ground of lack of jurisdiction over the person of the volition
accused; and
3. Motions to quash a warrant of arrest. JURISDICTION v. THE EXERCISE OF JURISDICTION

The first 2 are consequences of the fact that failure to file Jurisdiction Exercise of Jurisdiction
them would constitute a waiver of the defense of lack of It is the authority to hear It is any act of the court
jurisdiction over the person. The 3rd is a consequence of and decide cases. It does pursuant to such authority,
the fact that it is the very legality of the court process not depend upon the which includes making
forcing the submission of the person of the accused that is regularity of the exercise of decisions. If there is
the very issue in a motion to quash a warrant of arrest that power or upon the jurisdiction over the person
(Miranda v. Tuliao, G.R. No. 158763, March 31, 2006). rightfulness of the decision and subject matter, the
made (Lim, et al v. Hon. resolution of all other
JURISDICTION OVER THE SUBJECT MATTER Felipe Pacquing et al, 55 questions arising in the
SCAD 112, GR 115044, case is but an exercise of
Jurisdiction over the subject matter September 1, 1994). jurisdiction (Herrera v.
Baretto, 25 Phil 245; Palma
It is the power or authority to hear and determine cases to v. Q & S Inc, L-20366, May
which the proceeding in question belongs (Reyes v. Diaz, 73 16, 1966).
Phil 484).
ERROR OF JURISDICTION VIS-A-VIS ERROR OF JUDGMENT
GR: Jurisdiction over the subject matter cannot be waived, (1989 Bar Question)
enlarged or diminished by stipulation of the parties
(Republic v. Estipular, 336 SCRA 333). Error of Jurisdiction Error of Judgment
One where the court, officer One that the court may
XPN: Estoppel by laches by failure to object to the or quasi-judicial body acts commit in the exercise
jurisdiction of the court for a long period of time and by without or in excess of of jurisdiction; it
invoking its jurisdiction in obtaining affirmative relief (Tijam jurisdiction, or with grave includes errors of
v. Sibonghanoy, G.R. No. L-21450, April 15, 1968). abuse of discretion procedure or mistakes in
the courts findings
Jurisdiction over the subject matter v. Jurisdiction over the Renders a judgment void or Does not make the
person at least voidable (Sec 1[a]) & courts decision void
[b] Rule 16; Rule 65)
Jurisdiction Over the Jurisdiction Over the
Subject Matter Person The only exception is when
GR: Determined by the Acquired by the filing of the party raising the issue is
allegations of the complaint the petition in case of the barred by estoppel.
(Riano, 2011). plaintiff or by arrest (Rule Correctible by certiorari (Rule Correctible by appeal
113), by valid service of 65) (Henderson et al v. Tan
XPN: Where the real issues summons or voluntary 87 Phil 466)
are evident from the record submission to the courts There is an exercise of The court acted with
of the case, jurisdiction over authority in case of the jurisdiction in the absence of jurisdiction but
the subject matter cannot defendant (Ibid.). jurisdiction committed procedural
be made to depend on how errors in the
the parties word or phrase appreciation of the facts
their pleadings (Herrera, or the law
2007) e.g. in ejectment
cases in which the HOW JURISDICTION IS CONFERRED AND DETERMINED
defendant averred the
defense of the existence of Conferment of jurisdiction over the subject matter
tenancy relationship
between the parties (Ibid.).
It is conferred by law, that is, BP 129, otherwise known as
NOTE: Tenancy relationship is Judiciary Reorganization Act. It does not depend on the
not presumed and it is not objection or the acts or omissions of the parties or anyone
enough that it is alleged. There of them (Republic v. Sangalang, 159 SCRA 515, 1988; PNB v.
must be evidence to prove that
it exists and that all its Florendo, 206 SCRA 582, 1992).

UNIVERSITY OF SANTO TOMAS


5 FACULTY OF CIVIL LAW
REMEDIAL LAW
Instances when jurisdiction over the subject matter Doctrine of Exhaustion of Administrative Remedies
cannot be conferred
It states that recourse through court action cannot prosper
1. By the administrative policy of any court; until after all such administrative remedies have first been
2. A courts unilateral assumption of jurisdiction; exhausted. The non-observance of the doctrine of
3. An erroneous belief by the court that it has exhaustion of administrative remedies results in lack of
jurisdiction; cause of action (National Electrification Administration v.
4. By the parties through a stipulation e.g. contract; Val L. Villanueva, G.R. No. 168203, March 9, 2010).
5. The agreement of the parties acquired through, or
waived, enlarged or diminished by, any act or omission NOTE: The rule on exhaustion of administrative remedies and
doctrine of primary jurisdiction applies only when the
of the parties;
administrative agency exercises quasi-judicial or adjudicatory
6. Parties silence, acquiescence or consent (Riano, function (Associate Communications and Wireless Services v.
2011). Dumalao, G.R. 136762, November 21, 2002).

Determination of jurisdiction over the subject matter Rationale of Doctrine of Exhaustion of Administrative
Remedies
It is determined by the allegations of the complaint
The thrust of the rule is that courts must allow
(Baltazar v. Ombudsman, 510 SCRA 74) regardless of
administrative agencies to carry out their functions and
whether or not the plaintiff is entitled to his claims asserted discharge their responsibilities within the specialized areas
therein (Gocotano v. Gocotano, 469 SCRA 328). of their respective competence (Caballes v. Perez-Sison,
G.R. No. 131759, March 23, 2004). The rationale for this
DOCTRINE OF PRIMARY JURISDICTION doctrine is obvious. It entails lesser expenses and provides
for the speedier resolution of controversies. Comity and
Doctrine of Primary Jurisdiction convenience also impel courts of justice to shy away from a
dispute until the system of administrative redress has been
Courts will not resolve a controversy involving a question completed(Universal Rubina Corporation v. Laguna Lake
which is within the jurisdiction of an administrative Authority, G.R. No. 191427, May 30, 2011).
tribunal, especially where the question demands the
exercise of sound administrative discretion requiring the Exceptions to the Doctrine of Exhaustion of Administrative
special knowledge and experience of said tribunal in Remedies
determining technical and intricate matters of fact (Villaflor
v. CA, G.R. No. 95694, October 9, 1997). 1. When respondent official acted in utter disregard of
due process;
Objective of Doctrine of Primary Jurisdiction 2. When the questions involved are purely judicial or a
legal one;
The objective is to guide a court in determining whether it 3. When the controverted act is patently illegal or was
should refrain from exercising its jurisdiction until after an performed without jurisdiction or in excess of
administrative agency has determined some question or jurisdiction;
some aspect of some question arising in the proceeding 4. When there is estoppel on the part of the
before the court (Province of Aklan v. Jody King administrative agency concerned;
Construction and Development, G.R. Nos. 197592 & 20262, 5. When its application may cause great and irreparable
November 27, 2013 citing Fabia v. CA, 437 Phil. 389). damage;
6. When the respondent is a Department Secretary,
NOTE: The doctrine of primary jurisdiction precludes the courts whose acts as an alter ego of the President bears the
from resolving a controversy over which jurisdiction has initially implied or assumed approval of the latter unless
been lodged with an administrative body of special competence. actually disapproved by him;
For instance, in agrarian reform cases, jurisdiction is vested in the 7. When to require administrative remedies would be
Department of Agrarian Reform; more specifically, in the
unreasonable;
Department of Agrarian Reform Adjudication Board (DARAB)
(Spouses Jesus Fajardo and Emer Fajardo v. Anita Flores, G.R. No.
8. When the insistence in its observance would result in
167891, January 15, 2010).
the nullification of the claim being asserted;
9. When the subject matter is a private land in land case
Doctrine of Ancillary Jurisdiction proceedings;
10. When it does not provide a plain, speedy and
It involves the inherent or implied powers of the court to adequate remedy;
determine issues incidental to the exercise of its primary 11. Where there are circumstances indicating the
jurisdiction. urgency of judicial intervention (Paat v. CA, G.R. No.
111107, January 10, 1997);
NOTE: Under its ancillary jurisdiction, a court may determine all 12. Exhaustion of administrative remedies may also be
questions relative to the matters brought before it, regulate the considered waived if there is a failure to assert it for
manner in which a trial shall be conducted, determine the hours at an unreasonable length of time (Rep. v.
which the witnesses and lawyers may be heard, and grant an Sandiganbayan, G.R. Nos. 112708-09, March 29,
injunction, attachment or garnishment. 1996);

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
6
GENERAL PRINCIPLES
13. A civil action for damages may, however, proceed Objections to jurisdiction over the subject matter
notwithstanding the pendency of an administrative
action (Escuerte v. CA, G.R. No. L-53485,February 6, GR: The prevailing rule is that jurisdiction over the subject
1991); matter may be raised at any stage of the proceedings and
14. When the claim involved is small; even for the first time on appeal (Riano, 2011).
15. When strong public interest is involved; and
16. In quo warranto proceedings (Castro v. Gloria, G.R. XPNs:
No. 132174, August 20, 2001). 1. Estoppel by laches. SC barred a belated objection to
jurisdiction that was raised only after an adverse
Effect of failure to exhaust administrative remedies decision was rendered by the court against the party
raising the issue of jurisdiction and after seeking
The ground should not be lack of jurisdiction but lack of affirmative relief from the court and after participating
cause of action as it renders the action premature (Carale v. in all stages of the proceedings (Tijam v. Sibonghanoy,
Abarintos, G.R. No. 120704, March 3, 1997; Pestanas v. G.R. No. L-21450, April 15, 1968).
Dyogi, 81 SCRA 574).
2. Public policy One cannot question the jurisdiction
DOCTRINE OF ADHERENCE TO JURISDICTION/CONTINUITY which he invoked, not because the decision is valid
OF JURISDICTION and conclusive as an adjudication, but because it
cannot be tolerated by reason of public policy
GR: Jurisdiction, once attached, cannot be ousted by (Filipinas Shell Petroleum Corp. v. Dumlao, G.R. No. L-
subsequent happenings or events although of a character 44888, February 7, 1992).
which would have prevented jurisdiction from attaching in
the first instance, and the court retains jurisdiction until it 3. A party who invokes the jurisdiction of the court to
finally disposes of the case. secure affirmative relief against his opponents cannot
repudiate or question the same after failing to obtain
XPNs: such relief (Tajonera v. Lamaroza, G.R. No. L-48907,
1. Where a subsequent statute expressly prohibits the 49035, January 19, 1982).
continued exercise of jurisdiction;
2. Where the law penalizing an act which is punishable is NOTE: Under the Omnibus Motion Rule, a motion attacking a
repealed by a subsequent law; pleading like a motion to dismiss shall include all grounds then
available and all objections not so included shall be deemed
3. When accused is deprived of his constitutional right
waived. Even in the absence of lack of jurisdiction raised in a
such as where the court fails to provide counsel for the motion to dismiss, a party may, when he files an answer, still raise
accused who is unable to obtain one and does not the lack of jurisdiction as an affirmative defense because such
intelligently waive his constitutional right; defense is not barred under the omnibus motion rule.
4. Where the statute expressly provides, or is construed
to the effect that it is intended to operate as to actions EFFECT OF ESTOPPEL ON OBJECTIONS TO JURISDICTION
pending before its enactment;
5. When the proceedings in the court acquiring Effect of estoppel on objections to jurisdiction
jurisdiction is terminated, abandoned or declared void;
6. Once appeal has been perfected; and The active participation of a party in a case and seeking of
7. Curative statutes (Herrera, 2007). affirmative reliefs is tantamount to recognition of that
courts jurisdiction and will bar a party from impugning the
Effect of retroactivity of laws on jurisdiction courts jurisdiction. This only applies to exceptional
circumstances (Francel Realty Corp. v. Sycip, 469 SCRA 424;
Jurisdiction being a matter of substantive law, the Concepcion v. Regalado, GR 167988, February 6, 2007).
established rule is that the statute in force at the time of
The Doctrine in Tijam v. Sibonghanoy on estoppel by
the commencement of the action determines jurisdiction laches is NOT the general rule
(Herrera, 2007).
The ruling in Tijam that a party is estopped from
OBJECTIONS TO JURISDICTION OVER THE SUBJECT questioning the jurisdiction applies only to exceptional
MATTER circumstances. What is still controlling is that jurisdiction
over the subject matter of the action is a matter of law and
Effect of lack of jurisdiction over the subject matter may not be conferred by consent or agreement of the
parties (Calimlim v. Ramirez, G.R. No. L-34362, November
When it appears from the pleadings or evidence on record 19, 1982).
that the court has no jurisdiction over the subject matter,
the court shall dismiss the claim (Sec. 1, Rule 9).

UNIVERSITY OF SANTO TOMAS


7 FACULTY OF CIVIL LAW
REMEDIAL LAW
JURISDICTION OVER THE ISSUES with the employer-employee
relations claims under the Labor
The power of the court to try and decide issues raised in Code (Ocheda v. CA, G.R. No. 85517,
the pleadings of the parties (Reyes v. Diaz, 73 Phil 484) or
October 16, 1992).
by their agreement in a pre-trial order or those tried by the
implied consent of the parties (Sec. 5, Rule 10).
NOTE: Where no employer-employee
relationship exists between the parties
It may also be conferred by waiver or failure to object to
and no issue involved may be resolved
the presentation of evidence on a matter not raised in the by reference to the Labor Code, other
pleadings. The issues tried shall be treated in all respect as labor statutes or any collective
if they had been raised in the pleadings (Sec. 5, Rule 10). bargaining agreement, it is the regular
courts that has jurisdiction (Jaguar
JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION Security Investigation Agency v. Sales,
G.R. No. 162420, April 22, 2008).
How jurisdiction over the res is acquired The MTC has exclusive original
4. Forcible entry jurisdiction.
It is acquired either by: and unlawful
1. The seizure of the property under legal process. detainer NOTE: In such cases, when the
2. As a result of the institution of legal proceedings, in defendant raises the question of
which the power of the court is recognized and made ownership in his pleadings and the
question of possession cannot be
effective (Banco Espaol Filipino v. Palanca, 37 Phil.
resolved without deciding the question
291). of ownership, the issue of ownership
3. The court by placing the property of thing under its shall be resolved only to determine the
custody (custodia legis). Example: attachment of issue of possession. All ejectment cases
property. are covered by the Rule on Summary
4. The court through statutory authority conferring upon Procedure and are within the jurisdiction
it the power to deal with the property or thing within of the MTCs regardless of whether they
the courts territorial jurisdiction. Example: Suits involve questions of ownership. The
involving the status of the parties or suits involving the courts in ejectment cases may determine
questions of ownership whenever
property in the Philippines of non-resident defendants necessary to decide the question of
(Riano, 2011). possession (Gayoso v. Twenty-Two
Realty Development Corp., G.R. No.
JURISDICTION OF COURTS 147874, July 17, 2006; Santiago v. Pilar
Development Corp., G.R. No. 153628, July
1. Boundary RTCs are courts of general 20, 2006).
dispute between jurisdiction. 5. Authority to It is entrusted to the Secretary of
municipalities conduct Local Government and concurrent
NOTE: Since there is no legal provision administrative with the Ombudsman upon
specifically governing jurisdiction over investigations over enactment of RA 6770. There is
boundary disputes between a local elective nothing in the Local Government
municipality and an independent officials and to Code of 1991 to indicate that it has
component city of the same province, it impose preventive repealed, whether expressly or
follows that RTCs have the power and suspension over impliedly, the pertinent provisions
authority to hear and determine such
elective provincial of the Ombudsman Act (Hagad v.
controversy (Municipality of Kananga v.
Madrona, G.R. No. 141375, April 30,
or city officials Dadole, G.R. No. 108072, December
2003). 12, 1995).
2. Expropriation It is within the jurisdiction of the 6. Appeals It may be appealed to the SC by
RTC because it is incapable of involving orders filing a petition for certiorari within
pecuniary estimation. It does not arising from 10 days from receipt of the written
involve the recovery of sum of administrative notice of the order, directive or
money. Rather, it deals with the disciplinary cases decision or denial of the motion for
exercise by the government of its originating from reconsideration in accordance with
authority and right to take property the Office of the Rule 45 of the Rules of Court (Sec.
for public use. Ombudsman 27, RA 6770).
3. Labor dispute An action for damages for abuse of
right as an incident to dismissal is
within the exclusive jurisdiction of Generally, the Ombudsman must
7. Public school yield to the Division School
the labor arbiter. But the labor
teachers Superintendent in the investigation
arbiter has no jurisdiction for claims of administrative charges against
of damages based on quasi-delict public school teachers (Ombudsman
which has no reasonable connection v. Galicia, G.R. No. 167711, October
10, 2008).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
8
GENERAL PRINCIPLES

8. Enforcement of a COA has the primary jurisdiction to


money claim pass upon the money claim. It is
against a local within the COA's domain to pass
government unit upon money claims against the
government or any subdivision
thereof as provided for under Sec.
26 of the Government Auditing
Code of the Philippines. Courts may
raise the issue of primary
jurisdiction sua sponte (on its own
will or motion; means to act
spontaneously without prompting
from another party) and its
invocation cannot be waived by the
failure of the parties to argue it as
the doctrine exists for the proper
distribution of power between
judicial and administrative bodies
and not for the convenience of the
parties (Euro-Med Laboratories,
Phil., Inc. v. Province of Batangas,
G.R. No. 148106, July 17, 2006).

SUPREME COURT

Cases to be decided by SC En Banc

1. All cases involving the constitutionality of a treaty,


international or executive agreement, or law;
2. Cases involving the constitutionality, application or
operation of presidential decrees, proclamations,
orders, instructions, ordinances and other
regulations;
3. A case where the required number of vote in a
division is not obtained;
4. A doctrine or principle laid down in a decision
rendered en banc or by division is modified, or
reversed;
5. All other cases required to be heard en banc under
the Rules of Court (Sec. 5, Art. VIII, 1987
Constitution).

UNIVERSITY OF SANTO TOMAS


9 FACULTY OF CIVIL LAW
REMEDIAL LAW
SUPREME COURT

Civil Cases Criminal Cases


Exclusive Original Petitions for issuance of writs of certiorari, prohibition and Petitions for issuance of writs of
mandamus against the following: certiorari, prohibition and
1. CA mandamus against the following:
2. Court of Tax Appeals 1. CA
3. Commission on Elections En Banc 2. Sandiganbayan
4. Commission on Audit
5. Sandiganbayan
Appellate 1. Petitions for review on certiorari against: 1. In cases where the CA
a. CA; imposes reclusion perpetua,
b. CTA; life imprisonment or a lesser
c. SB penalty, the judgment may be
d. RTC in cases involving- appealed to the SC by notice
of appeal filed with the CA
i. If no question of fact is involved and the case (A.M. No. 00-5-03-SC,
involves: September 28, 2004).
a) Constitutionality or validity of treaty,
international or executive agreement, law, 2. Automatic review for cases of
presidential decree, proclamation, order, death penalty rendered by the
instruction, ordinance or regulation CA (A.M. No. 00-5-03-SC,
b) Legality of tax, impost, assessments, or toll, or September 84, 2004).
penalty in relation thereto
c) Cases in which jurisdiction of lower court is in NOTE: Where the judgment also
issue imposes a lesser penalty for
ii. All cases in which only errors or questions of law are offenses committed on the same
occasion or which arose out of the
involved.
same occurrence that gave rise to
2.Special civil action of certiorari filed within 30 days against the the more severe offense for which
COMELEC / COA the penalty of death is imposed,
and the accused appeals, the
automatic review from the CA to
the SC shall include such lesser
offense (A.M. No. 00-5-03-SC,
September 28, 2004).

3. Petition for review on


certiorari (Rule 45) from the SB
if penalty is less than death, life
imprisonment or reclusion
perpetua in criminal cases,
and, in civil cases (A.M. No. 00-
5-03-SC,October 12, 2004).

4. Notice of appeal from the


Sandiganbayan if it imposes
life imprisonment or reclusion
perpetua or where a lesser
penalty is imposed involving
offenses committed on the
same occasion or which arose
out of the same occurrence
that gave rise to the more
serious offense for which the
penalty of death, reclusion
perpetua of life imprisonment
is imposed (A.M. No. 00-5-03-
SC, October 12, 2004).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
10
GENERAL PRINCIPLES

5. Automatic review of death


penalty imposed by the
Sandiganbayan in the exercise
of its original jurisdiction (A.M.
No. 00-5-03-SC, October 12,
2004).

6. Automatic review whenever


the Sandiganbayan, in the
exercise of its appellate
jurisdiction, finds that the
penalty of death, reclusion
perpetua or life imprisonment
should be imposed (A.M. No.
00-5-03-SC, October 12, 2004).

7. Appeals from RTC in which


only errors or questions of law
are involved.

Concurrent
With CA 1. Petitions for issuance of writs of certiorari, prohibition and Petitions for issuance of writs of
mandamus against the following: certiorari, prohibition and
a. NLRC under the Labor Code. mandamus against the RTC and
lower courts.
NOTE: The petitions must first be filed with the CA, otherwise, they
shall be dismissed (St. Martin Funeral Home v. CA, G.R. No. 130866,
September 16, 1998).

b. Civil Service Commission


c. Quasi-judicial agencies (file with the CA first)
d. RTC and lower courts;

2. Petitions for issuance of writ of Kalikasan (Sec. 3, Rule 7, A.M.


No. 09-6-8-SC).
With CA and RTC 1. Petitions for habeas corpus and quo warranto; and Petitions for issuance of writs of
2. Petitions for issuance of writs of certiorari, prohibition and certiorari, prohibition and
mandamus against the lower courts or other bodies mandamus against the lower
courts or bodies.
With CA, SB and 1. Petitions for the issuance of writ of amparo Petitions for the issuance of writ of
RTC 2. Petition for writ of habeas data, where the action involves amparo and writ of habeas data
public data or government office
With RTC Actions affecting ambassadors and other public ministers and
consuls

With SB Petitions for mandamus,


prohibition, certiorari, injunctions
and ancillary writs in aid of its
appellate jurisdiction including quo
warranto arising or that may arise
in cases filed under EOs. 1, 2, 14
and 14-A

UNIVERSITY OF SANTO TOMAS


11 FACULTY OF CIVIL LAW
REMEDIAL LAW
COURT OF APPEALS

Civil Cases Criminal Cases


Exclusive Original Actions for annulment of judgments of RTC based upon 1. Actions for annulment of
extrinsic fraud or lack of jurisdiction (Sec. 9 BP 129; Rule 47, judgments of RTC (Sec. 9, BP
1997 Rules of Civil Procedure). 129).
2. Crimes of Terrorism under
the Human Security Act of
2007 or RA 9372
Appellate 1. Final judgments, decisions, resolutions, orders, awards Judgments or decisions of RTC via
of: notice of appeal (except those
a. RTC (original jurisdiction or appellate jurisdiction) appealable to the SC or SB):
b. Family Courts;
c. RTC on the questions of constitutionality, validity of 1. Exercising its original jurisdiction;
tax, jurisdiction involving questions of fact, which 2. Exercising its appellate
should be appealed first to the CA; jurisdiction; and
d. Appeals from RTC in cases appealed from MTCs 3. Where the imposable penalty is:
which are not a matter of right.
a. life imprisonment or reclusion
2. Appeal from MTC in the exercise of its delegated perpetua;
jurisdiction (RA 7691). b. a lesser penalty for offenses
committed on the same
3. Appeals from Civil Service Commission; occasion or which arose from
the same occurrence that gave
4. Appeals from quasi-judicial agencies under Rule 43; rise to the offense punishable
reclusion perpetua or life
5. Appeals from the National Commission on Indigenous imprisonment (Sec. 3, Rule 122).
Peoples (NCIP); and
Automatic review in cases of
6. Appeals from the Office of the Ombudsman in death penalty rendered by the
administrative disciplinary cases (Mendoza-Arce v. RTC, in which case, it may decide
Office of the Ombudsman, G.R. No. 149148, April 5, on whether or not to affirm the
2002). penalty of death. If it affirms the
penalty of death, it will render a
decision but will not enter the
judgment because it will then be
forwarded to the SC.

NOTE: Death penalty imposed by the


RTC is elevated to the CA by
automatic review while death penalty
imposed by the Sandiganbayan
whether in its original or appellate
jurisdiction is elevated to the SC for
automatic review.
Concurrent
With SC 1. Petitions for issuance of writs of certiorari, Petitions for issuance of writs of
prohibition and mandamus against the following: certiorari, prohibition and
a. NLRC under the Labor Code. mandamus against the RTCs and
b. Civil Service Commission lower courts.
c. Quasi-judicial agencies
d. RTCs and other lower courts.
2. Petitions for issuance of writ of Kalikasan(Sec. 3, Rule
7, A.M. No. 09-6-8-SC).
With SC and RTC 1. Petitions for habeas corpus and quo warranto; and Petitions for issuance of writs of
2. Petitions for the issuance of writs of certiorari, certiorari, prohibition and
prohibition and mandamus against the lower courts mandamus against the lower
courts or bodies.
With SC, SB, and RTC 1. Petitions for the issuance of writ ofamparo Petitions for the issuance of writ
2. Petition for writ of habeas data, where the action of amparo and writ of habeas
involves public data or government office data

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
12
GENERAL PRINCIPLES
COURT OF TAX APPEALS

Tax Cases Criminal Cases


Exclusive Original In tax collection cases involving final and All criminal cases arising from violation of
executory assessments for taxes, fees, charges the NIRC of the TCC and other laws, part of
and penalties where the principal amount of laws, or special laws administered by the BIR
taxes and fees, exclusive of charges and or the BOC where the principal amount of
penalties claimed is not less than Php 1M. taxes and fees, exclusive of charges and
penalties claimed is less that Php 1M or
where there is no specified amount claimed
(the offenses or penalties shall be tried by
the regular courts and the jurisdiction of the
CTA shall be appellate).
Appellate In tax collection cases involving final and 1. Over appeals from the judgment,
executory assessments for taxes, fees, charges resolutions or orders of the RTC in tax
and penalties where the principal amount of cases originally decided by them, in their
taxes and fees, exclusive of charges and respective territorial jurisdiction.
penalties claimed is less than Php 1M tried by 2. Over petitions for review of the
the proper MTC, MeTC and RTC. judgments, resolutions or orders of the
RTC in the exercise of their appellate
jurisdiction over tax cases originally
decided by the MeTCs, MTCs, and MCTCs
in their respective jurisdiction.
Exclusive appellate jurisdiction to review by appeal (Sec.7, RA 9282)
From Commissioner of Internal 1. Decisions in cases involving disputed assessments, refunds of internal revenue taxes, fees
Revenue or other charges, penalties in relation thereto, or other matters arising under the NIRC or
other laws administered by BIR;
2. Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other
charges, penalties in relation thereto, or other matters arising under the NIRC or other
laws administered by BIR, where the NIRC or other applicable law provides a specific
period of action, in which case the inaction shall be deemed an implied denial via petition
for review under Rule 42)
Decisions, orders or resolutions of the in local taxes originally decided or resolved by them in
From RTC
the exercise of their original or appellate jurisdiction via petition for review under Rule 43)
1. Decisions in cases involving liability for customs duties, fees or other charges, seizure,
detention or release of property affected, fines, forfeitures or other penalties in relation
From Commissioner of Customs thereto, or
2. Other matters arising under the Customs law or other laws, part of laws or special laws
administered by BOC; (via petition for review under Rule 42)
Decisions in the exercise of its appellate jurisdiction over cases involving the assessment and
From Central Board of
taxation of real property originally decided by the provincial or city board of assessment
Assessment Appeals
appeals via petition for review under Rule 43)
Decision on customs cases elevated to him automatically for review from decisions of the
From Secretary of Finance Commissioner of Customs which are adverse to the government under Sec. 2315 of the TCC
via petition for review under Rule 42).
Decisions of Secretary of Trade and Industry in the case of non-agricultural product,
commodity or article, and the Secretary of Agriculture in the case of agricultural product,
From Secretary of Trade and
commodity or article, involving dumping duties and counterveiling duties under Secs. 301 and
Industry and the Secretary of
302, respectively, of the TCC, and safeguard measures under RA 8800, where either party may
Agriculture
appeal the decision to impose or not to impose said duties (via petition for review under Rule
42).

UNIVERSITY OF SANTO TOMAS


13 FACULTY OF CIVIL LAW
REMEDIAL LAW
SANDIGANBAYAN

Civil Cases Criminal Cases


Exclusive Original Cases involving violations of: 1. Violation of RA 3019 (Anti-Graft and Corrupt
a. EO 1 (Creating the PCGG); Practices Act) where one or more of the
b. EO 2 (Illegal Acquisition and accused are officials occupying the following
Misappropriations of Ferdinand Marcos, positions in the government, whether in
Imelda Marcos their close relatives, permanent. Acting or interim capacity, at the
subordinates, business associates, time of the commission of the offense:
dummies, agents or nominees); a. Officials occupying a position classified
c. EO 14 [Cases involving the ill-gotten as Grade 27 or higher of the
wealth of the immediately mentioned Compensation and Position
persons (Marcos and dummies)]; and Classification Act of 1989 (RA 6758) in
d. EO 14-A (amendments to EO 14) (Sec. the:
2, RA 7975 as amended by RA 8294). i. Executive branch including those occupying
the position of regional director; and
ii. All other national or local officials.
b. Members of Congress
c. Members of the judiciary without
prejudice to the Constitution; and
d. Chairmen and members of the
Constitutional Commissions without
prejudice to the Constitution.
2. Felonies or offenses, whether simple or
complex with other crimes committed by the
public officials and employees above
mentioned in relation to their office; and
3. Cases filed pursuant to EOs 1, 2, 14 and 14-A
(Sec. 2, RA 7975 as amended by RA 8249).
Appellate Appeals from final judgments, resolutions or
orders of the RTC, whether in the exercise of
their original or appellate jurisdiction, in cases
involving public officials or employees not
otherwise mentioned in the preceding
enumeration.
Concurrent
With SC Petitions for certiorari, prohibition, Petitions for certiorari, prohibition, mandamus,
mandamus, habeas corpus, injunction and habeas corpus, injunction and other ancillary
other ancillary writs in aid of its appellate writs in aid of its appellate jurisdiction, including
jurisdiction, including quo warranto quo warranto arising in cases falling under EOs.
arising in cases falling under Executive 1, 2, 14 and 14-A.
Order Nos. 1, 2, 14 and 14-A.
With SC, CA and RTC Petitions for the issuance of writ of Petitions for the issuance of writ of amparo and
amparo and writ of habeas data. writ of habeas data.

Q: Governor Charles of Tarlac was charged with indirect A: Yes. Charles suspension is mandatory, although not
bribery before the Sandiganbayan for accepting a car in automatic. It is mandatory after the determination of the
exchange for the award of a series of contracts for medical validity of the information in a pre-suspension hearing. The
supplies. The Sandiganbayan, after going over the purpose of the suspension is to prevent the accused public
information, found the same to be valid and ordered the officer from frustrating or hampering his prosecution by
suspension of Charles. The latter contested the suspension intimidating or influencing witnesses or tampering with
claiming that under the law (Sec. 13, RA 3019), his evidence or from committing further acts of malfeasance
suspension is not automatic upon the filing of the while in office.
information and his suspension under Sec. 13, RA 3019 is
in conflict with Sec. 5 of the Decentralization Act of 1967
(RA 5185). The Sandiganbayan overruled Charles
contention stating that the suspension under the
circumstances is mandatory. Is the court's ruling correct?
(2001 Bar Question)

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
14
GENERAL PRINCIPLES
REGIONAL TRIAL COURTS

Civil Cases Criminal Cases


Exclusive Original 1. Actions in which the subject of litigation is incapable 1. Criminal cases not within exclusive
of pecuniary estimation; jurisdiction of any court, tribunal or
2. Actions involving title to or possession of real body (Sec. 20, BP 129).
property or any interest therein where the assessed a. Includes criminal cases where
value exceeds Php 20,000 or Php 50,000 in Metro the penalty provided by law
Manila, except forcible entry and unlawful detainer; exceeds 6 years imprisonment
3. Actions in admiralty and maritime jurisdiction where irrespective of the fine (RA
demand or claim exceeds Php 300,000 or Php 400,000 7691).
in Metro Manila; b. Includes criminal cases not
4. Matters of probate, testate or intestate, where gross falling within the exclusive
value of estate exceeds Php 300,000 or Php 400,000 original jurisdiction of the
in Metro Manila; Sandiganbayan where the
5. Cases not within the exclusive jurisdiction of any imposable penalty is
court, tribunal, person or body exercising judicial or imprisonment more than 6
quasi-judicial function; years and none of the accused
6. Civil actions and special proceedings falling within is occupying positions classified
exclusive original jurisdiction of Juvenile and Domestic as Grade 27 and higher (Sec.
Relations Court and Court of Agrarian Reforms; 4, P.D. 1606 as amended by RA
7. Other cases where the demand, exclusive of interest, 8249).
damages, attorneys fees, litigation expenses and 2. Cases where the only penalty
costs, or value of property in controversy exceeds provided by law is a fine exceeding
P300,000 or Php 400,000 in Metro Manila (Sec. 19, BP Php 4,000;
129 as amended by RA 7691); and 3. Other laws which specifically lodge
8. Intra-corporate controversies under Sec. 5.2 of the jurisdiction in the RTC:
Securities and Regulation Code. a. Law on written defamation or
libel;
b. Decree on Intellectual Property;
c. Violations of Dangerous
Drugs Act regardless of the
imposable penalty except
when the offender is under
16 and there are Juvenile and
Domestic Relations Court in
the province.
4. Cases falling under the Family Courts
in areas where there are no Family
Courts (Sec. 24, BP 129).
5. Election offenses (Omnibus Election
Code) even if committed by an
official with salary grade of 27 or
higher
Concurrent Jurisdiction
With SC, SB and CA 1. Writ of amparo Petitions for the issuance of writs of
2. Writ of habeas data amparo andhabeas data
With SC Actions affecting ambassadors and other public ministers
and consuls (Sec. 21 [2], BP 129).
With SC and CA 1. Certiorari, prohibition and mandamus against lower
courts and bodies;
2. Habeas corpus and quo warranto;
With MTC Cases involving enforcement or violations of
environmental and other related laws, rules and
regulations (Sec. 2, Rule 1, A.M. No. 09-6-8-SC).
Special SC may designate certain branches of RTC to try exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases not falling within the jurisdiction of any
quasi-judicial body and other special cases in the interest of justice (Sec. 23, BP 129).
Appellate GR: All cases decided by lower courts in their respective territorial jurisdictions.
XPN: Decisions of lower courts in the exercise of delegated jurisdiction.

UNIVERSITY OF SANTO TOMAS


15 FACULTY OF CIVIL LAW
REMEDIAL LAW
Test to determine whether an action is capable of Intra-corporate controversies that are within the
pecuniary estimation jurisdiction of the RTC

The criterion is the nature of the principal action or the 1. Devices or schemes employed by, or any act of, the
remedy sought. If it is primarily for the recovery of a sum of board of directors, business associates, officers or
money, the claim is considered capable of pecuniary partners, amounting to fraud or misrepresentation
estimation, and whether jurisdiction is in the MTCs or in the which may be detrimental to the interest of the public
RTCs would depend on the amount of the claim. and/or of the stockholders, partners, or members of
any corporation, partnership, or association;
However, where the basic issue is something other than the 2. Controversies arising out of intra-corporate,
right to recover a sum of money, where the money claim is partnership, or association relations, between and
purely incidental to, or a consequence of, the principal among stockholders, members, or associates; and
relief sought like specific performance suits and in actions between, any or all of them and the corporation,
for support, or for annulment of a judgment or foreclosure partnership, or association of which they are
of mortgage, such actions are incapable of pecuniary stockholders, members, or associates, respectively;
estimation, and are cognizable exclusively by the RTCs 3. Controversies in the election or appointment of
(Barangay Piapi v. Talip, G.R. No. 138248, September 7, directors, trustees, officers, or managers of
2005). corporations, partnerships, or associations;
4. Derivative suits; and
5. Inspection of corporate book (Rule 1, IRR of RA 8799).

FAMILY COURTS

Civil Cases Criminal Cases


Exclusive Original 1. Petitions for guardianship, custody of 1. Where one or more of the accused is/are below
children, habeas corpus in relation to 18 years of age but not less than 9 years of age;
minor; 2. When one or more of the victims is a minor at
2. Petitions for adoption of children and the time of the commission of the offense (RA
its revocation; 8369, Act establishing the family courts);
3. Complaints for annulment and 3. Cases against minors cognizable under the
declaration of nullity of marriage and Dangerous Drugs Act, as amended; and
those relating to marital status and 4. Violations of RA 7610 or the Special Protection
property relations of spouses or those of Children Against Child Abuse, Exploitation
living together under different status and Discrimination Act, as amended by RA
and agreements; and petitions for 7658; and
dissolution of conjugal partnership of 5. Cases of domestic violence against:
gains; a. Women involving acts of gender-based
4. Petitions for support and/or violence that result, or likely to result in
acknowledgment; physical, sexual or psychological harm or
5. Summary judicial proceedings under suffering to women; and other forms of
the Family Code of the Philippines; physical abuse such as battering or threats and
6. Petitions for declaration of status of coercion which violate a womans personhood,
children as abandoned, dependent or integrity and freedom of movement;
neglected children, petitions for b. Children which include the commission of
voluntary or involuntary commitment all forms of abuse, neglect, cruelty,
of children, the suspension, exploitation, violence and discrimination and all
termination, or restoration of parental other conditions prejudicial to their
authority and other cases cognizable development (Sec. 5, RA 8369)
under PD 603, EO 56 (Series of 1986)
and other related laws; and
7. Petitions for the constitution of the
family home (rendered unnecessary by
Art. 153, Family Code) (Sec. 5, RA
8369).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
16
GENERAL PRINCIPLES
METROPOLITAN TRIAL COURTS/MUNICIPAL TRIAL COURTS

Civil Cases Criminal Cases


Exclusive Original 1. Actions involving personal property where the 1. All offenses punishable with
value of the property does not exceed Php imprisonment not exceeding 6 years
300,000 or, in Metro Manila Php 400,000; irrespective of the amount of fine and
2. Actions for claim of money where the demand regardless of other imposable accessory
does not exceed Php 300,000 or, in Metro or other penalties;
Manila Php 400,000; 2. In offenses involving damage to property
3. Probate proceedings, testate or intestate, through criminal negligence where the
where the value of the estate does not exceed imposable fine does not exceed Php
Php 300,000 or, in Metro Manila Php 400,000; 10,000 (Sec. 32, BP 129 as amended by RA
7691);
NOTE: In the foregoing, claim must be exclusive of 3. Where the only penalty provided by law is
interest, damages, attorneys fees, litigation expense, a fine not exceeding Php 4,000 (Admin.
and costs (Sec. 33, BP 129 as amended by RA 7691). Circular No. 09-94, June 14, 1994); and
4. Those covered by the Rules on Summary
4. Actions involving title to or possession of real Procedure, i.e.
property or any interest therein where the a. Violations of traffic laws, rules and
value or amount does not exceed Php 20,000 regulations;
or, in Metro Manila Php 50,000 exclusive of b. Violations of the rental law;
interest damages, attorneys fees, litigation c. Violations of municipal or city
expense, and costs; (2008 Bar Question) ordinances;
5. Maritime claims where the demand or claim d. Violations of BP 22 (A.M. No. 00-11-
does not exceed Php 300,000 or, in Metro 01-SC);
Manila Php 400,000 (Sec. 33, BP 129 as e. All other criminal cases where the
amended by RA 7691); penalty is imprisonment not
6. Inclusion or exclusion of voters (Sec. 138, BP exceeding 6 months and/or a fine of
881); Php 1,000 irrespective of other
7. Those covered by the Rules on Summary penalties or civil liabilities arising
Procedure: therefrom.
a. Forcible entry and unlawful detainer; 5. All offenses committed by public officers
b. Other civil cases except probate where and employees in relation to their office,
the total amount of the plaintiffs claims including government-owned or
does not exceed Php 100,000 or, in controlled corporations, and by private
Metro Manila Php 200,000 exclusive of individuals charged as co-principals,
interest and costs (as amended by A.M. accomplices or accessories, punishable
No. 02-11-09-SC). with imprisonment not more than 6 years
8. Those covered by the Rules on Small Claims, i.e. or where none of the accused holds a
actions for payment of money where the claim position classified as Grade 27 and
does not exceed Php 100,000 exclusive of higher (Sec. 4, P.D. 1606 as amended by
interest and costs. RA 8249).

Cadastral or land registration cases covering lots


where:
1. There is no controversy or opposition
2. Contested but the value does not exceed Php
Delegated 100,000 (Sec. 34, BP 129 as amended by RA
7691).

NOTE: The value shall be ascertained by the affidavit of


the claimant or agreement of the respective claimants
(Sec. 34, BP 129 as amended by RA 7691).
Petition for habeas corpus in the absence of all Application for bail in the absence of all RTC
Special
RTC judges in the province or city (Sec. 35, BP 129). judges in the province or city.
Cases involving enforcement or violations of
With RTC environmental and other related laws, rules and
regulations (Sec. 2, Rule 1, A.M. No. 09-6-8-SC).

UNIVERSITY OF SANTO TOMAS


17 FACULTY OF CIVIL LAW
REMEDIAL LAW
Q: A filed a complaint for sum of money against B in the
MTC of Manila, seeking for the award of Php 300,000. B,
the defendant filed an answer with counterclaim alleging
that A is liable to him in the amount of Php 500,000.
Assume that Judge C would hold A liable, how much can
be awarded to B by way of his counterclaim? Why?

A: The judge can award Php 400,000 only, because that


limit is the courts jurisdiction. When B submitted his claim
against A, he voluntarily submitted the same to the
jurisdiction of MTC, and he is bound thereby. He is deemed
to have waived the excess of his claim beyond Php 400,000.
It is as if B set up a counterclaim in the amount of Php
400,000 (Albano 2007, citing Agustin v. Bacalan,1985).

SHARIAH COURTS

Exclusive Original 1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the
Code of Muslim Personal Laws;
2. All cases involving disposition, distribution and settlement of estate of deceased Muslims,
probate of wills, issuance of letters of administration or appointment of administrators or
executors regardless of the nature or aggregate value of the property;
3. Petitions for the declaration of absence and death for the cancellation or correction of entries in
the Muslim Registries mentioned in Title VI, Book Two of the Code of Muslim Personal Laws;
4. All actions arising from the customary contracts in which the parties are Muslims, if they have
not specified which law shall govern their relations; and
5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other
auxiliary writs and processes in aid of its appellate jurisdiction.
Concurrent (with 1. Petitions by Muslim for the constitution of a family home, change of name and commitment of
all civil courts) an insane person to an asylum;
2. All other personal and legal actions not mentioned in paragraph 1 (d) wherein the parties
involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under
the exclusive jurisdiction of the Municipal Circuit Court; and
3. All special civic actions for interpleader or declaratory relief wherein the parties are Muslims or
the property involved belongs exclusively to Muslims.

JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY PROCEDURE AND BARANGAY
CONCILIATION

Katarungang Pambarangay Law Rule on Small Claims Cases Rules on Summary


Procedure
Purpose/Object To effect an amicable settlement of To provide a simpler and To achieve an expeditious
disputes among family and barangay more inexpensive and and inexpensive
members at the barangay level expeditious means of determination of the cases
without judicial recourse and settling disputes involving defined to be governed by
consequently help relieve the courts purely money claims than the Rules on Summary
of docket congestion (Preamble of PD the regular civil process Procedure
1508).(1999 Bar Question)

Where to file 1. For disputes between residents 1. MeTC 1. MeTC


of the same barangay: the 2. MTCC 2. MTCC
dispute must be brought for 3. MTC 3. MTC
settlement in the said barangay. 4. MCTC 4. MCTC
2. For disputes between residents
of different but adjoining
barangays and the parties agree
to submit their differences to
amicable settlement: within the
same city or municipality where
any of the respondents reside at
the election of the complainant.
3. For disputes involving real
UNIVERSITY OF SANTO TOMAS
2014 GOLDEN NOTES
18
GENERAL PRINCIPLES

property or any interest when


the parties thereto agree to
submit their differences to
amicable settlement by an
appropriate lupon therein shall
be brought in the barangay
where the real property or larger
portion thereof is situated.
4. For disputes arising at the
workplace where the contending
parties are employed or at the
institution where such parties are
enrolled for study shall be
brought in the barangay where
such workplace or institution is
located.
Cases Covered
Civil Cases All disputes involving parties who Small claims cases civil 1. All cases of forcible entry
actually reside in the same city or claims which are exclusively and unlawful detainer
municipality may be the subject of for the payment or irrespective of the amount
the proceedings for amicable reimbursement of a sum of of damages or unpaid
settlement in the barangay. money not exceeding Php rentals sought to be
100,000 exclusive of interest recovered. Where
and costs, either attorneys fees are
1. Purely civil in nature awarded, the same shall
where the claim or not exceed Php 20,000;
relief prayed for by the and
plaintiff is solely for 2. All other civil cases, except
payment or probate proceedings,
reimbursement of sum where the total amount of
of money, or plaintiffs claim does not
2. The civil aspect of exceed Php 100,000 or
criminal actions, either does not exceed Php
filed before the 200,000 in Metro Manila,
institution of the exclusive of interests and
criminal action, or costs (A.M. No. 02-11-09-
reserved upon the filing SC, November 25, 2005).
of the criminal action in
court, pursuant to Rule
111 of the Revised
Rules of Criminal
Procedure.

These claims or demands


may be:
1. For money owed under
any of the following:
a. Contract of Lease
b. Contract of Loan
c. Contract of
Services
d. Contract of Sale
e. Contract of
Mortgage
2. For damages arising
from any of the
following:
a. Fault or negligence
b. Quasi-contract
c. Contract
3. The enforcement of a
barangay amicable
settlement or an
UNIVERSITY OF SANTO TOMAS
19 FACULTY OF CIVIL LAW
REMEDIAL LAW

arbitration award
involving a money claim
covered by this Rule
pursuant to Sec. 417,
LGC
Criminal Cases When punishable by imprisonment of None 1. Violations of traffic laws,
not more than 1 year or fine of not rules and regulations;
more than Php 5,000 (Sec. 408, LGC). 2. Violations of the rental
law;
3. Violations of municipal or
city ordinances;
4. Violations of B.P. 22 or
the Bouncing Checks Law
(A.M. No. 00-11-01-SC,
April 15, 2003);
5. All other criminal cases
where the penalty is
imprisonment not
exceeding 6 months
and/or a fine of Php 1,000
irrespective of other
penalties or civil liabilities
arising therefrom; and
6. Offenses involving
damage to property
through criminal
negligence where the
imposable fine is not
exceeding Php 10,000.

TOTALITY RULE Claim for damages

Totality or Aggregate Rule If the main action is for the recovery of sum of money and
the damages being claimed are merely the consequences of
Where there are several claims or causes of actions the main cause of action, the same are not included in
between the same or different parties embodied in one determining the jurisdictional amount. However, in cases
complaint, the amount of the demand shall be the totality where the claim for damages is the main cause of action, or
of the claims in all causes of action irrespective of whether one of the causes of action, the amount of such claim shall
the causes of action arose out of the same or different be considered in determining the jurisdiction of the court
transaction [Sec .5(d), Rule 2]. (Albano, 2010, citing Soliven v. Fastforms).

NOTE: Under the present law, the totality rule is applied also to
cases where two or more plaintiffs having separate causes of
action against a defendant join in a single complaint, as well as to
cases where a plaintiff has separate causes of action against two or
more defendants joined in a single complaint. However, the causes
of action in favor of the two or more plaintiffs or against the two or
more defendants should arise out of the same transaction or series
of transactions and there should be a common question of law or
fact, as provided in Sec. 6, Rule 3 (permissive joinder of parties).

The totality rule is not applicable if the claims are separate and
distinct from each other and did not arise from the same
transaction. In the case of Flores v. Mallare Philips, the SC did not
apply the totality test where there are two claims filed by Flores
first against Ignacio Binongcal and the second cause of action was
against Fernando Calion for allegedly refusing to pay an amount
representing cost of truck tires.

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
20
CIVIL PROCEDURE

CIVIL PROCEDURE CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS

ACTIONS Civil action v. Special proceeding (1998 Bar Question)

MEANING OF ORDINARY ACTIONS A civil action is one by which a party sues another for the
enforcement or protection of a right, or the prevention or
Ordinary actions redress of a wrong [Rule 1, Sec. 3 (a)], while a special
proceeding is a remedy by which a party seeks to establish
It is one in which a party sues another for the enforcement a status, a right, or a particular fact [Rule 1, Sec. 3 (c)].
or protection of a right or the prevention or redress of a
wrong. It is governed by ordinary rules (Bouviers Law Action v. Special proceeding
Dictionary, 8th ed.; Words and Phrases, Vol. 2).
Action Special Proceeding
Subject matter of an action Purpose Civil action: 1. To establish a
1. To protect a right status
It is the physical facts, the thing, real or personal, the 2. Prevent or 2. Right, or
money, lands, chattels, and the like, in relation to which the redress a wrong. 3. Particular fact
suit is prosecuted (Iniego v. Purganan, G.R. No. 166876, (Sec. 3 Rule 1).
March 24, 2006). Criminal action:
Prosecute a person Specific kinds of special
Commencement of an action for an act or proceedings are found
omission punishable in Rule 72 109,e.g.
It is commenced by the filing of the original complaint in by law (Sec. 3, Rule settlement of estate,
court (Sec. 5, Rule 1). It can be instituted by filing the 1) escheat, guardianship,
complaint by personal service or by registered mail (Sec. 3, etc. (Riano, 2009).
Rule 13). Governing Ordinary rules Requires the
Law supplemented by application of specific
NOTE: It is not simply the filing of the complaint or appropriate
initiatory pleading, but the payment of the prescribed docket fee special rules rules as provided for in
that vests a trial court with jurisdiction of the subject matter or the Rules of Court
nature of the action (Heirs of Hinog v. Melicor, G.R. No. 140954, (Natcher v. CA, et al.,
April 12, 2005). When an additional defendant is impleaded in a 418 Phil 669, 677,
later pleading, the action is commenced with regard to him on the 2001).
date of the filing of such later pleading (Sec. 5, Rule 1). Court Heard by courts of Heard by courts of
general jurisdiction limited
Instances when the Rules of Court are NOT applicable jurisdiction(Ching v.
Rodriguez,G.R. No.
GR: It is not applicable in:(NICOLE)(Sec. 4, Rule 1)
192828)
Procedure Initiated by a Initiated by an
1. Naturalization proceedings
pleading and parties application and parties
2. Insolvency proceedings
respond through an respond through an
3. Cadastral proceedings
answer opposition
4. Other cases non provided in the Rules of Court
5. Land registration proceedings
6. Election cases

XPNs:

1. By analogy or in a suppletory character, and;


2. Whenever practicable and convenient (Sec. 4, Rule 1)

MEANING OF SPECIAL CIVIL ACTIONS

It is one in which a party sues another for the enforcement


or protection of a right or the prevention or redress of a
wrong wherein it has special features not found in ordinary
civil actions. It is governed by ordinary rules but subject to
specific rules prescribed Rules 62-71.

MEANING OF CRIMINAL ACTIONS

It is one by which the state prosecutes a person for an act


or omission punishable by law [Sec. 3 (b), Rule 1].

UNIVERSITY OF SANTO TOMAS


21 FACULTY OF CIVIL LAW
REMEDIAL LAW

REAL ACTIONS AND PERSONAL ACTIONS LOCAL AND TRANSITORY ACTIONS

Local Action Transitory Action


Real Action Personal Action Venue Must be brought in a Dependent on the
Scope When it affects title to Personal property particular place where place where the party
or possession of real is sought to be the subject property is resides regardless of
property, or an recovered or located, unless there is where the cause of
interest therein (Sec. enforcement of a an agreement to the action arose. Subject
1, Rule 4). contract or contrary (Sec. 4, Rule 4) to Sec. 4, Rule 4.
recovery of
damage (Riano, Privity No privity of contract Founded on privity of
2009) of and the action is contract between the
contract founded on privity of parties whether debt
Basis When it is founded Founded on privity estate only (Riano, or covenant (Paper
upon the privity of a of contract such as 2011). Industries Corporation
real estate. The realty damages, claims of of the Philippines v.
or interest therein is money, etc. (Paper Samson, G.R. No. L-
the subject matter of Industries 30175, November 28,
the action. Corporation of the 1975).
Philippines v.
NOTE: It is important Samson, G.R. No.
that the matter in L-30175,
litigation must also November 28,
involve any of the
1975).
following issue:
1. Title
2. Ownership
3. Possession
4. Partition
5. Foreclosure of
mortgage
6. Any interest in real
property (Riano,
2011).
Venue Venue of action shall Venue of action is
be commenced and the place where
tried in the proper the plaintiff or any
court which has of the principal
jurisdiction over the plaintiffs resides or
area wherein the real any of the
property involved, or defendants
a portion thereof is resides, at the
situated (Sec. 1 , Rule election of the
4). plaintiff (Sec. 2,
Rule 4 ).

NOTE: The distinction between a real action and a personal action


is important for the purpose of determining the venue of the
action. Questions involving the propriety or impropriety of a
particular venue are resolved by initially determining the nature of
the action, i.e., if the action is personal or real (Riano, 2011).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
22
CIVIL PROCEDURE

ACTIONS IN REM, IN PERSONAM AND QUASI IN REM

Action In Rem Action In Personam Action Quasi In Rem


Nature A proceeding to determine title, status A proceeding to enforce personal A proceeding to subject
or condition of property within its rights and obligations brought the property of the named
borders. against the person (Riano, 2011). defendant or his interests
therein to the obligation or
lien burdening the
property (Riano, 2011).
Purpose A proceeding to bar indifferently all To impose through the judgment of a Deals with the status,
who might be minded to make any court, some responsibility or liability ownership or liability of a
objection against the right sought to directly upon the person of the particular property but
be enforced, hence the judgment defendant (Domagas v. Jensen, 448 which are intended to
therein is binding theoretically upon SCRA 663). operate on these
the whole world (Regalado, 2012). questions only as between
the particular parties to
the proceedings and not to
ascertain or cut-off the
rights or interests of all
possible claimants
(Domagas v. Jensen, 448
SCRA 663).
Scope Directed against the thing itself Directed against particular persons Directed against particular
instead of against the person (Riano, (Domagas v. Jensen, 448 SCRA 663). persons with respect to
2011). the res.
Required Jurisdiction over the person of the Jurisdiction over the person of the Jurisdiction over the
jurisdiction defendant is not required. defendant is required (Biaco v. person of the defendant is
Jusrisdiction over the res is required Philippine Countryside Rural Bank, not required as long as
through publication in a newspaper of 515 SCRA 106). jurisdiction over the res is
general circulation (Biaco v. Philippine acquired (Biaco v.
Countryside Rural Bank, 515 SCRA Philippine Countryside
106). Rural Bank, 515 SCRA 106).
Effect of Judgment is binding upon the whole Judgment is binding only upon Judgment will be binding
judgment world (Regalado, 2012). parties impleaded or their only upon the litigants,
successors-in-interest. privies, successor in
interest but the judgment
shall be executed against a
particular property. The
res involve will answer the
judgment.
Example 1. Probate proceeding 1. Action for partition
1. Action for specific performance
2. Cadastral proceeding (In re Estate 2. Action for Accounting
(Jose v. Boyon, 414 SCRA 217)
of Johnson, 39 Phil 156) (Riano, 2011, citing
2. Action for breach of contract
3. Land registration proceeding Valmonte v. CA, 252
3. Action for a sum of money; for
(Republic v. Herbieto, 459 SCRA SCRA 92).
damages (Riano, 2011).
183)

NOTE: The distinction between actions in rem, in personam and quasi in rem is important in determining the following:

1. Whether or not jurisdiction over the person of the defendant is required; and
2. The type of summons to be employed (Gomez v. CA, G.R. No. 127692, March 10, 2004)
3.

CAUSE OF ACTION Elements of a cause of action (LOV)

Cause of Action 1. A legal right in favor of the plaintiff;


2. An obligation on the part of the named defendant to
It is the act or omission by which a party violates a right of respect or not to violate such right; and
another (Sec. 2, Rule 2). 3. Act or omission on the part of such defendant in
violation of the right of the plaintiff; or constituting a
breach of the obligation of the defendant to the plaintiff
for which the latter may maintain an action for recovery
of damages or other appropriate relief (Riano, 2011).

UNIVERSITY OF SANTO TOMAS


23 FACULTY OF CIVIL LAW
REMEDIAL LAW
Cause of action in administrative case FAILURE TO STATE A CAUSE OF ACTION
Failure to state cause of action v. absence or lack of cause
In an administrative case, the issue is not whether the of action
complainant has a cause of action against the respondent,
but whether the respondent has breached the norms and Failure to state Lack of cause of
standards of the office (Riano, 2011). cause of action action
Definition Insufficiency in the Failure to prove
CAUSE OF ACTIONVERSUS RIGHT OF ACTION allegations of the or establish by
complaint evidence ones
Cause of Action Right of Action stated cause of
Definition It is the act or Right of a plaintiff to action
omission by which a bring an action and As a ground Raised in a motion Raised in a
party violates the to prosecute that for dismissal to dismiss under demurrer to
rights of another action until final Rule 16 before a evidence under
(Sec. 2, Rule 2). judgment (Marquez responsive pleading Rule 33 after the
v. Varela, 92 Phil. is filed plaintiff has
373). rested his case
Requisites 1. The existence of 1. There must be a (Enojas v.
a legal right of good cause Comelec, 283
the plaintiff (existence of a SCRA 232).
2. A correlative duty cause of action) Determination Determined only Resolved only on
of the defendant 2. A compliance from the allegations the basis of the
to respect ones with all the of the pleading and evidence he
right conditions not from evidentiary presented in
3. An act or precedent to the matters (Riano, support of his
omission of the bringing of the 2011). claim (Riano,
defendant in action 2011).
violation of the 3. Right to bring and
plaintiffs right maintain the
(Agrarian Reform action must be in Dismissal based on failure to state a cause of action does
Beneficiaries the person not bar the subsequent re-filing of the complaint
Association v. instituting it
Nicolas, G.R. No. (Albano, 2010). Dismissal of a complaint for failure to state a cause of
168394, October action does not bar the subsequent re-filing of the
6, 2008). complaint (Sec. 5, Rule 16).
Nature It is actually Right of action
predicated on which is procedural Effect of lack of cause of action on the jurisdiction of the
substantive law or in character is the court
on quasi delicts consequence of the
under NCC (Riano, violation of the right Lack of cause of action does not affect the authority of a
2011). of the plaintiff court to hear and decide a given case, if the court has
(Riano, 2009). jurisdiction over its subject matter, over the parties therein,
Basis Based on the Basis is the and in an action in rem, over the res (Herrera, 2007).
allegations of the plaintiffs cause of
TEST OF SUFFICIENCY OF CAUSE OF ACTION
plaintiff in the action. There is no
complaint right of action
1. Whether or not admitting the facts alleged, the court
where there is no
could render a valid verdict in accordance with the
cause of action
prayer of the complaint (Misamis Occidental II Coop.,
(Regalado, 2012).
Inc. v. David, 468 SCRA 63);
Effect of Not affected by May be taken away
2. The sufficiency of the statement of cause of action must
Affirmative affirmative defenses by running of
appear on the face of the complaint and its existence is
Defense (fraud, prescription, Statute of limitation,
only determined by the allegations of the complaint
estoppels, etc.) by estoppel or other
(Viewmaster Construction Corp. v. Roxas, 335 SCRA
circumstances which
540).
do not at all affect
the cause of action
NOTE: The truth or falsity of the allegations is beside the point
(Regalado, 2012). because the allegations in the complaint are hypothetically
admitted. Thus a motion to dismiss on the ground of failure to
NOTE: The rule is there is no right of action where there is no state a cause of action, hypothetically admits the matters alleged in
cause of action (Ibid.). the complaint.

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
24
CIVIL PROCEDURE
SPLITTING A SINGLE CAUSE OF ACTION AND ITS EFFECTS Misjoinder of causes of action

Splitting of cause of action There is a misjoinder when two or more causes of action
were joined in one complaint when they should not be so
It is the act of instituting two or more suits on the basis of joined. This is not a ground for dismissal of an action. A
the same cause of action (Sec. 4, Rule 2). It is the act of misjoined cause of action may be severed and proceeded
dividing a single or indivisible cause of action into several with separately by filing a motion in relation thereto (Sec. 6,
parts or claims and bringing several actions thereon. The Rule 2). There is no sanction against non-joinder of separate
rule against splitting of a cause of action aims to avoid causes of action. Non-joinder of causes of action should be
multiplicity of suits, conflicting decisions and unnecessary joined.
vexation and harassment of defendants. It applies not only
to complaints but also to counterclaims and cross-claims. Q: P sued A and B in one complaint in the RTC-Manila, the
cause of action against A being an overdue promissory
Effect of splitting a cause of action note for P300,000 and that against B being an alleged
balance of P300,00 on the purchase of goods sold on
If two or more suits are instituted on the basis of the same credit. Does the RTC-Manila have jurisdiction over the
cause of action, the filing of one or a judgment upon the case? (2002 Bar Question)
merits in any one is available as a ground for the dismissal
of the others (Sec. 4, Rule 2). A: No, the RTC-Manila has no jurisdiction over the case. The
joinder of the causes of action against A and B is not
Remedies against splitting cause of action proper. For a joinder of causes of action against several
defendants to be proper, the joinder must comply with the
File a motion to dismiss, on the ground of litis pendentia or rules on joinder of the parties under Sec. 6 of Rule 3. This
if the first action has already been finally terminated, on rule requires that the causes of action joined should arise
the ground of res judicata. out of the same transactions and there exists a question of
law or facts common to both. These requirements are not
NOTE: Litis pendentia and forum shopping have similar elements, met under the facts.
so it is best for the counsel to move for the dismissal based on
forum shopping under Sec. 5, Rule 7 and show that the party or his
Since the causes of action cannot be joined, each action
counsel willfully and deliberately resorted to forum shopping
because the effect is a dismissal with prejudice in addition to the
must be the subject of a separate action. The totality rule
sanction for direct contempt as well as a cause for administrative has no application under the facts of the case. The amount
sanctions. of each claim falls within the jurisdiction of the MTC.

JOINDER AND MISJOINDER OF CAUSES OF ACTION Q: Can there be a valid judgment in case of misjoined
causes of action?
Joinder of causes of action
A: Yes, while parties to an action may assert in one
It is the assertion of as many causes of action a party may pleading, in alternative or otherwise, as many causes of
have against another in one pleading alone (Sec. 5, Rule 2). action as they may have against the opposing party, such
joinder of causes of action is subject to a condition, inter
Requisites of joinder of causes of action alia, that the joinder shall not include special civil actions
governed by special rules. Nevertheless, misjoinder of
1. The party shall comply with the rules on joinder of causes of action is not a ground for dismissal. Indeed, the
parties;(Sec. 6, Rule 3) courts have the power, acting upon the motion of a party to
a. Right to relief arises out of the same transaction the case or sua sponte, to order the severance of the
or series of transaction misjoined cause of action to be proceeded with separately.
b. There is common question of law of law or fact However, if there is no objection to the improper joinder or
2. The joinder shall not include special civil actions the court did not motu proprio direct a severance, then
governed by special rules; there exists no bar in the simultaneous adjudication of all
3. Where causes of action pertain to different venues, the the erroneously joined causes of action. It should be
joinder may be allowed in the RTC provided one of the emphasized that the foregoing rule only applies if the court
causes of action falls within the jurisdiction of said court trying the case has jurisdiction over all of the causes of
and venue lies therein action therein notwithstanding the misjoinder of the same.
4. Where claims in all causes of action are for recovery of If the court trying the case has no jurisdiction over a
money, the aggregate amount claimed shall be the test misjoined cause of action, then such misjoined cause of
for jurisdiction (Sec. 5, Rule 2). action has to be severed, any adjudication rendered by the
court with respect to the same would be a nullity (Ada v.
NOTE: A joinder of causes of action is only permissive, not Baylon, G.R. No. 182435, August 13, 2012).
compulsory; hence, a party may desire to file a single suit for each
of his claims (Riano, 2011).

UNIVERSITY OF SANTO TOMAS


25 FACULTY OF CIVIL LAW
REMEDIAL LAW
Splitting of cause of action v. Joinder of causes of action 3. Entities authorized by law
a. Corporation by estoppel is precluded from
Splitting of Cause of Joinder of Causes of denying its existence and the members thereof
Action Action can be sued and be held liable as general
partners (Sec. 21, Corporation Code);
It is the practice of Assertion of as many b. A contract of partnership having a capital three
dividing one cause of causes of action as a thousand pesos or more but which fails to
action into different party may have against comply with the registration requirements is
parts and making each another in one pleading nevertheless liable as a partnership to third
part the subject of a alone (Sec. 5, Rule 2). persons (Art. 1772 in relation to Art. 1768, NCC);
separate complaint c. Estate of a deceased person (Limjoco v. Intestate
(Bachrach v. Icaringal, Estate of Fragante, G.R. No. L-770, April 27,
68 SCRA 287). 1948);
Prohibited. A party may Encouraged (no d. A legitimate labor organization may sue and be
not institute more than sanction against non- sued in its registered name (Art. 242[e], Labor
1 suit for a single cause joinder of separate Code of the Philippines);
of action (Sec. 3, Rule causes of action since a e. The Roman Catholic Church may be a party and
2). plaintiff needs only a as to its properties, the archbishop or diocese to
single cause of action to which they belong (Versoza v. Hernandez, G.R.
maintain an action) No. L-25264, November 22, 1926);
It causes multiplicity of It minimizes multiplicity f. A dissolved corporation may prosecute and
suits and double of suits and defend suits by or against it provided that the
vexation on the part of inconvenience on the suits:
the defendant (Riano, parties. i. Occur within three years after its
2011). dissolution; and
ii. The suits are in connection with the
settlement and closure of its affairs (Sec.
Joinder of cause of action v. Joinder of parties (1996 Bar 112, Corporation Code).
Question)
Lack of legal capacity to sue v. Lack of legal personality to
Joinder of Cause of Joinder of Parties sue
Action
It refers to the It may be employed when Lack of Legal Capacity Lack of Legal
procedural device there are various causes of to Sue Personality to Sue
whereby a party who actions that accrue in It refers to plaintiffs The plaintiff is not the
asserts various claims favor of one or more general disability to sue real party in interest
against the same or plaintiffs against one or such as on account of (Columbia Pictures, Inc.
several parties, file more defendants i.e. there minority, insanity, v. CA, G.R. No. 110318,
all his claims against is plurality of parties. incompetence, lack of August 28, 1996).
them in a single juridical personality or
complaint. any other general
It will not necessarily It may or may not be disqualifications of a
involve a joinder of involved in a joinder of party.
parties. causes of actions (Riano, Ground for a motion to Ground for motion to
2011). dismiss for lack of legal dismiss for complaint
capacity to sue (Calano states no cause of
v. Cruz, 91 Phil. 247 action (Casimiro v.
[1952]). Roque, et al., 98 Phil.
PARTIES TO CIVIL ACTIONS 880 [195]; Gonzales, et
al. v. Alegarbes, 99 Phil.
Parties to a civil action 213 [1956])

1. Natural persons;
2. Juridical persons
a. The State and its political subdivisions;
b. Other corporations, institutions and entities for
public interest or purpose, created by law; and
c. Corporations, partnerships and associations for
private interest or purpose to which the law
grants a juridical personality, separate and
distinct from that of each shareholder, partner
or member (Art. 44, NCC).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
26
CIVIL PROCEDURE
Rules with regard to the right of a foreign corporation to e. That the spouse granted the power of
bring suit in Philippine courts administration in the marriage settlements has
abused that power; and
1. If it does business in the Philippines with the required f. That at the time of the petition, the spouses have
license, it can sue before Philippine courts on any been separated in fact for at least one year and
transaction (Agilent Technologies v. Integrated reconciliation is highly improbable.
Silicon, G.R. No. 154618, April 14, 2004).
2. If it does business in the Philippines without a license, 5. Art. 142. The administration of all classes of exclusive
it cannot sue before the Philippine courts. property of either spouse may be transferred by the
3. If it is not doing business in the Philippines, it needs court to the other spouse:
no license to sue before Philippine courts on an a. When one spouse becomes the guardian of the
isolated transaction or on a cause of action entirely other;
independent of any business transaction. b. When one spouse is judicially declared an absentee;
4. If it is without license to do business and is not doing c. When one spouse is sentenced to a penalty which
business in the Philippines is not disqualified from carries with it civil interdiction; or
filing and prosecuting an action for unfair d. When one spouse becomes a fugitive from justice or
competition and may be sued for acts done against a is in hiding as an accused in a criminal case.
person or persons in the Philippines, or may be sued
in Philippine Courts.
NOTE: If the other spouse is not qualified by reason of
5. If it does business in the Philippines without license, a
incompetence, conflict of interest, or any other just cause, the
Philippine citizen or entity which has contracted with court shall appoint a suitable person to be the administrator.
said corporation may be estopped from challenging
the foreign corporations corporate personality in a
REAL PARTIES IN INTEREST; INDISPENSABLE PARTIES;
suit brought before Philippine courts (Herrera, 2007).
REPRESENTATIVES AS PARTIES; NECESSARY PARTIES;
INDIGENT PARTIES; ALTERNATIVE DEFENDANTS
Rule on spouses as parties

GR: Husband and wife shall sue and be sued jointly Kinds of parties in a civil action
inasmuch as both are co-administrators of the community
property under the system of absolute community of 1. Real parties in interest
property, as well as the conjugal partnership property 2. Indispensable parties
(Feria & Noche, 2001). 3. Representatives as parties
4. Necessary parties
XPNs: 5. Indigent parties
6. Pro-forma parties
1. A spouse without just cause abandons the other or
fails to comply with his or her obligations to the Real party in interest
family with respect to marital, parental or property
relations (Arts. 101&108, FC). He is the party who stands to be: (BIE)
2. A spouse of age mortgages, encumbers, alienates or 1. Benefited or
otherwise disposes of his or her exclusive property 2. Injured by the judgment in the suit, or
(Art. 111, FC). 3. The party entitled to the avails of the suit (Sec. 2 Rule
3. The regime of separation of property governs the 3).
property relations between spouses (Art. 145, FC).
NOTE: To be a real party-in-interest, the interest must be real,
NOTE: In the cases provided for in Numbers (1), (2) and (3), which is a present substantial interest as distinguished from a mere
the presentation of the final judgment against the guilty or expectancy or a future, contingent subordinate or consequential
absent spouse shall be enough basis for the grant of the interest (Rayo v. Metrobank, 539 SCRA 571). It is an interest that is
decree of judicial separation of property (191a). material and direct, as distinguished from a mere incidental
interest in the question (Samaniego v. Aguila, 334 SCRA 439).
4. Art. 135. Any of the following shall be considered
sufficient cause for judicial separation of property: Indispensable party
a. That the spouse of the petitioner has been
sentenced to a penalty which carries with it civil Those without whom no final determination can be had of
interdiction; an action (Sec. 7, Rule 3).
b. That the spouse of the petitioner has been
judicially declared an absentee; Tests to determine whether a party is an indispensable
c. That loss of parental authority of the spouse of party
petitioner has been decreed by the court;
d. That the spouse of the petitioner has abandoned 1. Can relief be afforded to the plaintiff without the
the latter or failed to comply with his or her presence of the other party
obligations to the family as provided for in Art. 2. Can the case be decided on its merits without
101; prejudicing the rights of the other party (Rep. v.
Sandiganbayan, G.R. No. 152154, July 15, 2003).

UNIVERSITY OF SANTO TOMAS


27 FACULTY OF CIVIL LAW
REMEDIAL LAW
NOTE: The presence of indispensable parties is a condition for the Effect of non-joinder of a necessary party (1998 Bar
exercise of juridical power and when an indispensable party is not Question)
before the court, the action should be dismissed.
1. The court may order the inclusion of the omitted
Necessary party necessary party if jurisdiction over his person may be
obtained.
Those who are not indispensable but ought to be parties if 2. The failure to comply with the order for his inclusion,
complete relief is to be accorded to those already parties or without justifiable cause, shall be deemed a waiver of
for a complete determination or settlement of the claim the claim against such party.
subject of the action (Sec. 8, Rule 3). 3. The non-inclusion of a necessary party does not
prevent the court from proceeding in the action, and
Indispensable party v. Necessary party the judgment rendered therein shall be without
prejudice to the rights of such necessary party.
Indispensable Parties Necessary Parties
Parties in interest A necessary party is one Suing a defendant in the alternative
without whom no final who is not indispensable
determination can be but who ought to be joined Where the plaintiff is uncertain against who of several
had of an action shall as a party if complete relief persons he is entitled to relief, he may join any or all of
be joined either as is to be accorded as to them in the alternative, although a right to relief against
plaintiffs or defendants those already parties, or one may be inconsistent with a right to relief against the
(Sec.7, Rule 3). for a complete other (Sec. 13, Rule 3).
determination or
Must be joined under settlement of the claim Action prosecuted in the name of the real party in interest
any and all conditions subject of the action (Sec.8,
because the court Rule 3). Every action must be prosecuted and defended in the name
cannot proceed without of the real party-in-interest (Sec. 2, Rule 3). Even where the
him (Riano, 2011). NOTE: Should be joined action is allowed to be prosecuted or defended by a
whenever possible, however, representative party or someone acting in a fiduciary
the action can proceed even in
capacity, the beneficiary shall be included in the title of the
their absence because his
interest is separable from that
case and shall be deemed to be a real party-in-interest
of indispensable party (Ibid.). (Sec.3, Rule 3; Riano, 2011).
No valid judgment if The case may be
NOTE: An agent acting in his own name and for the benefit of an
they are not joined. determined in court but
undisclosed principal may sue or be sued without joining the
the judgment therein will principal except when the contract involves things belonging to the
NOTE: The absence of an not afford a complete relief principal.
indispensable party in favor of the prevailing
renders all subsequent party
actions of the court null Rule when the defendants name or identity is unknown
and void for want of
NOTE: Whenever in any He may be sued as the unknown owner, heir, devisee, or by
authority to act, not only
pleading in which a claim is such other designation as the case may require. However,
as to the absent parties
asserted a necessary party is
but even as to those when his identity or true name is discovered, the pleading
not joined, the pleader shall
present (Riano, 2011). must be amended accordingly (Sec. 14, Rule 3).
set forth his name, if known,
and shall state why he is
omitted. Should the court find Indigent Party
the reason for the omission
unmeritorious, it may order They are those:
the inclusion of the omitted 1. Whose gross income and that of their immediate
necessary party if jurisdiction family do not exceed an amount double the monthly
over his person may be
minimum wage of an employee and
obtained. The failure to
comply with the order for his 2. Who do not own real property with a fair market value
inclusion, without justifiable as stated in the current tax declaration of more than
cause, shall be deemed a Php 300,000.00 shall be exempt from the payment of
waiver of the claim against legal fees (Sec. 19, Rule 141 as amended by A.M. No.
such party. 04-2-04-SC).
The non-joinder of an indispensable or a necessary
party is not by itself ipso facto a ground for the He is one who has no money or property sufficient and
dismissal of the action. The court should order the available for food, shelter and basic necessities for himself
joinder of such party and non-compliance with the and his family (Sec. 21, Rule 3).
said order would be a ground for the dismissal of the
action (Feria & Noche, 2001).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
28
CIVIL PROCEDURE
Rule on indigent litigants any decision of the court; otherwise, he will be deprived of his right
to due process (Sepulveda, Sr. v. Pelaez, 450 SCRA 302).
If the applicant for exemption meets the salary and
property requirements under Sec. 19, Rule 141, then the Requisites of permissive joinder of parties
grant of the application is mandatory. However, if the trial
court finds that one or both requirements have not been 1. Right to relief arises out of the same transaction or
met, then it would set a hearing to enable the applicant to series of transactions (connected with the same subject
prove that the applicant has no money or property matter of the suit);
sufficient and available for food, shelter and basic 2. There is a question of law or fact common to all the
necessities for himself and his family as provided in Sec. plaintiffs or defendants.
21, Rule 3. In that hearing, the adverse party may adduce
countervailing evidence to disprove the evidence presented NOTE: There is a question of law in a given case when the doubt or
difference arises as to what the law is on a certain state of facts;
by the applicant; after which the trial court will rule on the
there is a question of fact when doubt arises as to the truth or the
application depending on the evidence adduced. In falsehood of alleged facts (Manila Bay Club Corp. v. CA, et al., G.R.
addition, Sec. 21, Rule 3 also provides that the adverse No. 110015).
party may later still contest the grant of such authority at
any time before judgment is rendered by the trial court, Rationale of Permissive Joinder of Parties
possibly based on newly discovered evidence not obtained
at the time the application was heard (Algura v. LGU of The purpose and aim of the principle is to have
Naga, G.R. No. 150135, October 30, 2006). controversies and the matters directly related thereto
settled once and for all once they are brought to the courts
Exemption from fees for determination. Litigation is costly both to litigants and
to the State, and the objective of procedure is to limit its
Authority as an indigent party includes an exemption from number or extent. Inconsonance with the above principle,
the payment of: we have the rules against multiplicity of suits, the rule of
1. Docket fees and other lawful fees estoppel by judgment (Sec. 44, Rule 39), and the rule of res
2. Transcript of stenographic notes (Sec. 21, Rule 3). judicata (Sec. 45, Rule 39; Fajardo v. Bayano, G.R. No. L-
8314, March 23, 1956).
NOTE: The amount of the docket and other lawful fees which the
indigent was exempted from paying shall be a lien on any judgment Q: When may the court order the joinder of a necessary
rendered in the case favorable to the indigent, unless otherwise
party? (1998 Bar Question)
provided (Sec. 21, Rule 3).

A: If the reason given for the non-joinder of the necessary


Pro forma party
party is found by the court to be unmeritorious, it may
order the pleader to join the omitted party if jurisdiction
One who is joined as a plaintiff or defendant, not because
over his person may be obtained. The failure to comply
such party has any real interest in the subject matter or
with the order of the court to include a necessary party,
because any relief is demanded, but merely because the
without justifiable cause, shall be deemed a waiver of the
technical rules of pleadings require the presence of such
claim against such party (Sec. 9, Rule 3).
party on the record (Samaniego v. Agulia, G.R. No. 125567,
June 27, 2000).
MISJOINDER AND NON-JOINDER OF PARTIES
Quasi party
The Rules of court prohibit the dismissal of a suit on the
ground of non-joinder or misjoinder of parties and allows
Those in whose behalf a class or representative suit is
the amendment of the complaint at any stage of the
brought.
proceedings, through motion or on order of the court on its
own initiative (Sec. 11, Rule 3; Rep. v. Sandiganbayan, G.R.
COMPULSORY AND PERMISSIVE JOINDER OF PARTIES
No. 152154, July 15, 2003). However, when the order of the
court to implead an indispensable party goes unheeded,
Compulsory joinder of parties
the court may order the dismissal of the case. The court is
fully clothed with the authority to dismiss a complaint due
The joinder of parties becomes compulsory when the one
to the fault of the plaintiff as when, among others, he does
involved is an indispensable party. Clearly, the rule directs a
not comply with the order of the court (Sec. 3, Rule 17;
compulsory joinder of indispensable parties (Riano, 2011).
Plasabas v. CA, GR No. 166519; Riano, 2011).
NOTE: The presence of all indispensable parties is a condition sine
qua non for the exercise of judicial power. It is precisely when an
indispensable party is not before the court that the action should
be dismissed. Thus, the plaintiff is mandated to implead all the
indispensable parties, considering that the absence of one such
party renders all subsequent action of the court null and void for
want of authority to act, not only as to the absent parties but even
as to those present. One who is a party to a case is not bound by

UNIVERSITY OF SANTO TOMAS


29 FACULTY OF CIVIL LAW
REMEDIAL LAW
CLASS SUIT EFFECT OF DEATH OF PARTY LITIGANT

Class Suit Effect of the death of a party upon a pending action (1999
Bar Question)
It is an action where one or some of the parties may sue for
the benefit of all if the requisites for said action are 1. Purely personal action the death of either of the
complied with (Riano, 2011). parties extinguishes the claim and the action is
dismissed.
Requisites of class suit 2. Action that is not purely personal claim is not
extinguished and the party should be substituted by
1. Subject matter of the controversy is one of common or his heirs, executor or administrator. In case of minor
general interest to many persons; heirs, the court may appoint a guardian ad litem for
2. Parties affected are so numerous that it is them.
impracticable to bring them all before the court; 3. Action for recovery of money arising from contract
3. Parties bringing the class suit are sufficiently numerous and the defendant dies before entry of final judgment
or representative of the class and can fully protect the it shall not be dismissed but instead shall be
interests of all concerned; allowed to continue until entry of judgment. A
4. Representatives sue or defend for the benefit of all favorable judgment obtained by the plaintiff shall be
(Sec. 12, Rule 3). enforced in the manner provided in the rules for
prosecuting claims against the estate of a deceased
Q: On January 4, 1988, a complaint for damages person (Sec. 20, Rule 3).
amounting to more than One and a half billion pesos (Php
NOTE: The substitute defendant need not be summoned. The
1.5Billion) was filed in the name and on behalf of the
order of substitution shall be served upon the parties substituted
relatives or heirs of the victims of the worst sea disaster in for the court to acquire jurisdiction over the substitute party
history, the sinking of the vessel Doa Pas caused by its (Riano, 2011). If there is notice of death, the court should await
collision with another vessel. The complaint characterized appointment of legal representative; otherwise, subsequent
proceedings are void.
the action as a class suit, prosecuted by 27 named
plaintiffs on their behalf and in representation of the Claims that survive and do not survive
approximately 4,000 persons who are all close relatives
and legal heirs of the passenger of the Doa Paz. Is this a Claims that survive Claims that do NOT survive
proper class suit? 1. Recovery of 1. Purely Personale.g.
contractual money Legal Separation
/claims( oral or 2. Performance that
A: No, because the interest of each of the plaintiffs is written) cannot be purely
limited to the damages being claimed by him. 2. Recovery/ protection delegated
of property Rights 3. Claim that cannot be
NOTE: Even if the parties are numerous, there must be a 3. Recovery of real or instituted by executor
community of interest for a class suit because the subject matter of personal property or or administrator
the controversy must be of common interest among all of them. If interest
the class suit is not proper, the remedy of the parties is either to 4. Enforcement of lien
bring suit individually or join them all as parties under the rule on 5. Recovery of
permissive joinder of parties.
damages for an
injury to person or
property and suits by
SUITS AGAINST ENTITIES WITHOUT JURIDICAL
reason of the alleged
PERSONALITY
tortuous acts of the
defendant (Board of
When two or more persons not organized as an entity with
Liquidators v. Kalaw,
juridical personality enter into a transaction, they may be
G.R. No. L-18805,
sued under the name by which they are generally or
August 14, 1967).
commonly known. In the answer of such defendant, the
6. Actions and
names and addresses of the persons composing said entity
obligations arising
must all be revealed (Sec. 15, Rule 3).
from delicts (Aguas
NOTE: Persons associated in an entity without juridical personality,
v. Llemos, G.R. No. L-
however, cannot sue under such name. 18107, August 30,
1962).
7. Ejectment case
(Tanhueco v. Aguilar,
G.R. No. L-30369,
May 29, 1970).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
30
CIVIL PROCEDURE
NOTE: The criterion for determining whether an action survives the VENUE
death of a petitioner was elucidated in Bonilla v. Barcena to wit:
The question as to whether an action survives or not depends on VENUE VERSUS JURISDICTION
the nature of the action and the damage sued for. In the causes of
action which survive, the wrong complained [of] affects primarily
and principally property and property rights, the injuries to the Venue v. Jurisdiction (2006 Bar Examination)
person being merely incidental, while in the causes of action which
do not survive, the injury complained of is to the person, the Venue Jurisdiction
property and rights of property affected being incidental The place, or geographical Power of the court to hear
(Memoracion Z. Cruz v. Oswaldo Z. Cruz, G.R. No. 173292, area where an action is to be and decide a case
September 1, 2010). filed and tried (Manila
Railroad Company v Attorney
Purpose of non-survival of claims General, 20 Phil 523).
Can only be objected to Can be brought up at any
The reason for the dismissal of the case is that upon the before the other party files a stage of the proceedings
death of the defendant a testate or intestate proceeding responsive pleading (Answer)
shall be instituted in the proper court wherein all his May be waived by: Cannot be waived
creditors must appear and file their claims which shall be 1. Failure to object through a
paid proportionately out of the property left by the motion to dismiss or
deceased (1 Moran, 1979). through an affirmative
defense.
Purpose and importance of substitution of the deceased 2. Stipulation of the parties.
Procedural Substantive
The purpose behind the rule on substitution of parties is May be stipulated by the Cannot be the subject of
the protection of the right of every party to due process. It parties the agreement of the
is to ensure that the deceased would continue to be parties
properly represented in the suit through the duly appointed
legal representative of the estate (Torres v. CA, 278 SCRA Establishes a relation Establishes a relation
793; Vda. De Salazar v. CA, 250 SCRA 305). between plaintiff and between the court and the
defendant, or petitioner and subject matter
Effect of non-compliance with the rules on substitution respondent.
GR: Not a ground for a motu It is a ground for a motu
GR: It renders the proceedings of the trial court infirm proprio dismissal proprio dismissal (Riano,
because the court acquired no jurisdiction over the person 2011).
of the legal representative (Brioso v. Rili-Mariano, G.R. No. XPN: In cases subject to
132765, January 31, 2003). Non-compliance therewith summary procedure (Riano,
results in the undeniable violation of the right to due 2011).
process of those who, though not duly notified of the
proceedings, are substantially affected by the decision NOTE: In civil cases, venue is not a matter of jurisdiction (Hrs. of
rendered therein (Vda. De Salazar v. CA, G.R. No. 121510, Lopez v. de Castro, 324 SCRA 591, 2000). Venue becomes
November 23, 1995). jurisdictional only in a criminal case. In the latter case, where the
information is filed not in the place where the offense was
XPNs: committed, the information may be quashed for lack of jurisdiction
1. Even if there is non-compliance with the rules on over the offense charged (Sec. 3, Rule 117).
substitution but the heirs themselves voluntarily
appeared, participated in the case and presented Q: Can a complaint be dismissed by the court motu
evidence in defense of deceased defendant, the action proprio based on improper venue?
does not deprive the court of jurisdiction (Vda. De
Salazar v. CA, G.R. No. 121510, November 23, 1995). A: No. Improper venue is not one of the grounds wherein
2. In ejectment cases where the counsel fails to inform the court may dismiss an action motu proprio (Universal
the court of the death of his client and thereby results Corp. v. Lim, G.R. No. 154338, October 5, 2007). Unless and
to the non-substitution of the deceased by his legal until the defendant objects to the venue in a motion to
representatives, the action does not deprive the court dismiss, the venue cannot be truly said to be improperly
of jurisdiction. The decision of the court is laid, because the venue although technically wrong may be
nevertheless binding upon the successors-in-interest acceptable to the parties for whose convenience the rules
of the deceased. A judgment in an ejectment case may on venue have been devised (Dacuycuy v. IAC 195 SCRA
be enforced not only against defendants but also 641).
against the members of their family, their relatives, or
NOTE: An order denying a motion to dismiss is merely
privies who derived their right of possession from the
interlocutory. The normal remedy is to file an answer and
deceased defendant (Vda. De Salazar v. CA, G.R. No. interpose the ground as an affirmative defense, go to trial and
121510, November 23, 1995 citing Florendo Jr. v. appeal from the adverse judgment. However, if the denial is
Coloma, G.R. No. L-60544, May 19, 1984). tainted with grave abuse of discretion amounting to lack of
jurisdiction, the remedy is certiorari and prohibition (Emergency
Loan Pawnshop v. CA, 353 SCRA 89).

UNIVERSITY OF SANTO TOMAS


31 FACULTY OF CIVIL LAW
REMEDIAL LAW
VENUE OF REAL ACTIONS Defendant does 1. If the action affects the
not reside and is personal status of the plaintiff
The venue is local, hence the venue is the place where the not found in the the action may be
real property involved or, any portion thereof, is situated Philippines commenced and tried in the
(Sec. 1, Rule 4). court of the place where the
plaintiff resides
VENUE OF PERSONAL ACTIONS
2. If it involves any property of
Venue of personal actions the non-resident defendant
the action may be
The venue is transitory; hence the venue is the residence of commenced and tried where
the plaintiff or defendant, at the option of the plaintiff (Sec. the property or any portion
2, Rule 4). thereof is situated (Sec. 3,
Rule 4).
NOTE: The residence of a person must be his personal, actual or
physical habitation or his actual residence or abode. It does not
WHEN THE RULES ON VENUE DO NOT APPLY
mean fixed permanent residence to which when absent, one has
the intention of returning. Actual residence may in some cases be
the legal residence or domicile, but for purposes of venue, actual 1. In cases where a specific rule or law provides
residence is the place of abode and not necessarily legal residence otherwise (e.g. an action for damages arising from
or domicile. Actual residence signifies personal residence, i.e., libel).
physical presence and actual stay thereat. This physical presence, 2. Where the parties have validly agreed in writing
nonetheless, must be more than temporary and must be with before the filing of the action on the exclusive venue
continuity and consistency (Jose Baritua v. CA, et al. G.R. No. (Sec. 4, Rule 4).
108547, February 3, 1997).
EFFECTS OF STIPULATIONS ON VENUE
Q: A, a resident of Lingayen, Pangasinan sued X, a
resident of San Fernando, La Union in the RTC of Quezon
Stipulations on venue
City for the collection of a debt of P1 million.X did not file
a motion to dismiss for improper venue but filed his
The parties may agree on a specific venue which could be in
answer raising therein improper venue as an affirmative
a place where neither of them resides (Universal Robina
defense. He also filed a counterclaim for Php80, 000.00
Corp. v. Lim, 535 SCRA 95). The parties may stipulate on the
against A for attorneys fees and expenses for litigation. X
venue as long as the agreement is in writing, made before
moved for a preliminary hearing on said affirmative
the filing of the action, and exclusive as to the venue [Sec. 4
defense. For his part, A filed a motion to dismiss the
(b), Rule 4].
counterclaim for lack of jurisdiction. Rule on the
affirmative defense of improper venue. (1998 Bar NOTE: A stipulation on venue is void and unenforceable when it is
Question) contrary to public policy (Sweet Lines v. Teves, G.R. No. 28324,
November 19, 1978).
A: There is improper venue. The case is for a sum of money
is a personal action. It must be filed in the residence of When exclusive
either the plaintiff, which is in Pangasinan, or of the
defendant, which is in San Fernando, La Union (Sec. 2, Rule Venue is exclusive when the stipulation clearly indicates,
4). through qualifying and restrictive words that the parties
deliberately exclude causes of actions from the operation
of the ordinary permissive rules on venue and that they
VENUE OF ACTIONS AGAINST NON-RESIDENTS intended contractually to designate a specific venue to the
exclusion of any other court also competent and accessible
Venue of action against non-residents to the parties under the ordinary rules on venue of actions
(Philippine Banking Corp. v. Tensuan, G.R. No. 106920,
Defendant does 1. Personal actions shall be December 10, 1993).
not reside but is commenced and tried in the
found in the court of the place where the
Philippines plaintiff resides

2. Real actions shall be


commenced and tried in the
court of the place where the
property is located (Riano,
2011).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
32
CIVIL PROCEDURE
Effect of a stipulation on venue agreed upon by parties COMPLAINT

The mere stipulation on the venue of an action is not It is a concise statement of the ultimate facts constituting
enough to preclude parties from bringing the case in other the plaintiffs cause or causes of action, with a specification
venue. In the absence of restrictive words, the stipulation of the relief sought, but it may add a general prayer for
should be deemed as merely an agreement on an such further relief as may be deemed just or equitable.
additional forum, not as limiting venue. While they are
considered valid and enforceable, venue stipulations in a NOTE: The names and residences of the plaintiff and defendant, if
contract do not, as a rule, supersede the general rule set known, must be stated (Sec. 3, Rule 6).
forth in Rule 4 in the absence of qualifying or restrictive
The term "ultimate facts" as used in Sec. 3, Rule 3 of the Rules of
words. If the language is restrictive, the suit may be filed
Court, means the essential facts constituting the plaintiff's cause of
only in the place agreed upon by the parties (Spouses action. A fact is essential if it cannot be stricken out without leaving
Lantin v. Lantion, G.R. No. 160053, August 28, 2006) the statement of the cause of action insufficient. A pleading should
state the ultimate facts essential to the rights of action or defense
Q: X, a resident of Angeles City borrowed P300, 000.00 asserted, as distinguished from mere conclusion of fact, or
from A, a resident of Pasay City. In the loan agreement, conclusion of law. An allegation that a contract is valid, or void, as
the parties stipulated that the parties agree to sue and in the instant case, is a mere conclusion of law (Remitere v. Yulo,
be sued in the City of Manila. G.R. No. L-19751, February 28, 1966).

1. In case of non-payment of the loan, can A file his ANSWER


complaint to collect the loan from X in Angeles City?
2. Suppose the parties did not stipulate in the loan It is the pleading where the defendant sets forth his
agreement as to the venue, where A can file his affirmative or negative defenses (Sec. 4, Rule 6). It may
complaint against X? likewise be the response to a counterclaim or a cross-claim.
3. Suppose the parties stipulated in their loan It may be an answer to the complaint, an answer to a
agreement that venue for all suits arising from this counter-claim, or an answer to a cross-claim (Riano, 2011).
contract shall be the courts in Quezon City, can A
file his complaint against X in Pasay City? (1997 Bar DEFENSES
Question)
2 kinds of defenses that may be set forth in the answer
A:
1. Yes, because the stipulation in the loan agreement 1. Negative defenses
that the parties agree to sue and be sued in the City 2. Affirmative defenses
of Manila does not make Manila the exclusive venue
thereof (Sec. 4, Rule 4). Hence, A can file his Insufficient denials or denials amounting to an admission
complaint in Angeles City where he resides (Sec. 2,
Rule 4). 1. General denial- an admission of the material
2. If the parties did not stipulate on the venue, A can file averments in the complaint (Sec. 11, Rule 8).
his complaint either in Angeles City where he resides 2. Denial in the form of a negative pregnant (Riano,
or in Pasay City where X resides. 2011).
3. Yes, because the wording of the stipulation does not
make Quezon City the exclusive venue. NEGATIVE DEFENSES

PLEADINGS Negative defenses

Pleadings are the written statements of the respective A negative defense is the specific denial of the material fact
claims and defenses of the parties submitted to the court or facts alleged in the pleading of the claimant essential to
for appropriate judgment (Sec.1, Rule 6). his cause or causes of action [Sec. 5 (a), Rule 6].

KINDS OF PLEADINGS Specific denials that must be made under oath

1. Complaint 1. A denial of an actionable document (Sec. 8, Rule 8);


2. Answer 2. A denial of allegation of usury in a complaint to
3. Counterclaim recover usurious interest (Sec. 11, Rule 8)
4. Cross-claim
NOTE: Whenever an action or defense is based or founded upon a
5. Reply
written instrument or document, said instrument or document is
6. Third party (fourth-party etc.) complaint (Sec. 2, Rule 6) deemed an actionable document.
7. Counter-claim
8. Counter-cross-claim
9. Complaint-in-intervention

UNIVERSITY OF SANTO TOMAS


33 FACULTY OF CIVIL LAW
REMEDIAL LAW
NEGATIVE PREGNANT 2 Kinds of Counterclaims (2007 Bar Question)

It is a form of denial which, at the same time, involves an Compulsory Counterclaim Permissive Counterclaim
affirmative implication favorable to the opposing party. It is One which arises out of or is It does not arise out of nor is
in effect an admission of the averment to which it is necessarily connected with it necessarily connected with
directed. It is said to be a denial pregnant with an the transaction or the subject matter of the
admission of the substantial facts in the pleading occurrence that is the opposing partys claim
responded to (Regalado, 2012). A denial in the form of a subject matter of the
negative pregnant is an ambiguous pleading, since it cannot opposing partys claim
be ascertained whether it is the fact, or only the (Sec.7, Rule 6).
qualification that is intended to be denied (Galofa v. Nee It does not require for its It may require for its
Bon Sing, G.R. No. L-22018, January 17, 1968). adjudication the presence of adjudication the presence of
third parties of whom the third parties over whom the
Example: An assertion of a defendant which questions the court cannot acquire court cannot acquire
amount of money involved in a bank account but does not jurisdiction jurisdiction
deny its existence, when such is the issue in the case, is said Barred if not set up in the Not barred even if not set
to have admitted the existence of such bank account. The action (Sec. 2, Rule 9). up in the action
denial of the amount of money deposited is pregnant with Need not be answered; No Must be answered,;
an admission of the existence of the bank account (Republic default Otherwise, default
of the Philippines v. Sandiganbayan, G.R. No. 152154, July Not an initiatory pleading. Initiatory pleading
15, 2003). Need not be accompanied Must be accompanied by a
by a certification against certification against forum
AFIRMATIVE DEFENSES forum shopping and shopping and whenever
certificate to file action by required by law, also a
Affirmative defenses the Lupong Tagapamayapa. certificate to file action by
the Lupong Tagapamayapa
It is defense is an allegation of a new matter which, while (Santo Tomas University v.
hypothetically admitting the material allegations in the Surla, G.R. No. 129718,
pleading of the claimant, would nevertheless prevent or bar August 17, 1998).
recovery by him. The affirmative defenses include fraud, The court has jurisdiction Must be within the
statute of limitations, release, payment, illegality, statute of to entertain both as to the jurisdiction of the court
frauds, estoppel, former recovery, discharge in bankruptcy, amount and nature (Sec. 7, where the case is pending
and any other matter by way of confession and avoidance Rule 6; Ibid.). and cognizable by regular
[Sec. 5(b), Rule 6]. courts of justice otherwise,
defendant will have to file it
Kinds of affirmative defenses in separate proceeding
which requires payment of
1. Fraud docket fee
2. Statute of limitations
3. Release NOTE: In an original action before the RTC, the counterclaim may
4. Payment be considered compulsory regardless of the amount (Sec. 7, Rule
5. Illegality 6).
6. Statute of frauds
7. Estoppel Q: A, a resident of Lingayen, Pangasinan sued X, a
8. Former recovery resident of San Fernando, La Union in the RTC of Quezon
9. Discharge in bankruptcy City for the collection of a debt of P1 million. X did not file
10. Any other matter by way of confession and a motion to dismiss for improper venue but filed his
avoidance [Sec. 5(b), Rule 6; Pesane Animas Mongao answer raising therein improper venue as an affirmative
v. Pryce Properties Corpo., 467 SCRA 201, 214). defense. He also filed a counterclaim for P80, 000.00
against A for attorneys fees and expenses for litigation. X
COUNTERCLAIMS moved for a preliminary hearing on said affirmative
COMPULSORY COUNTERCLAIM;PERMISSIVE defense. For his part, A filed a motion to dismiss the
COUNTERCLAIM counterclaim for lack of jurisdiction. Rule on the motion to
dismiss the counterclaim on the ground of lack of
Counterclaim (1999 Bar Examination) jurisdiction over the subject matter. (1998 Bar Question)

It is any claim which a defending party may have against an A: The motion to dismiss on the ground of lack of
opposing party (Sec. 6, Rule 6). It partakes of a complaint by jurisdiction over the subject matter should be denied. The
the defendant against the plaintiff (Pro-Line Sports Inc., v. counterclaim for attorneys fees and expenses of litigation
CA, G.R. No. 118192, October 23, 1997). is a compulsory counterclaim because it necessarily arose
out of and is connected with the complaint. In an original
action before the RTC, the counterclaim may be considered
compulsory regardless of the amount (Sec. 7, Rule 6).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
34
CIVIL PROCEDURE
EFFECT ON THE COUNTERCLAIM WHEN THE COMPLAINT IS Effect if a cross-claim was not set up
DISMISSED
GR: Barred if not set up (Sec.2, Rule 9).
Effect of the dismissal of a complaint on the counterclaim
XPN: If it is not asserted due to oversight, inadvertence, or
1. If no motion to dismiss has been filed, any of the excusable negligence, it may still be set up with leave of
grounds for dismissal under Rule 16 may be pleaded as court by amendment of the pleadings (Sec.10, Rule 11).
an affirmative defense in the answer, and in the
discretion of the court, a preliminary hearing may be Counterclaim v. Cross-claim (1999 Bar Examination)
had thereon as if a motion to dismiss has been filed
(Sec. 6, Rule 16). After hearing, when the complaint is A counterclaim is a claim against an opposing party while a
dismissed, the counterclaim, compulsory or permissive cross claim is against a co-party (Sec. 8, Rule 6).
is not dismissed.
2. When the plaintiff himself files a motion to dismiss his Q: A assembles an owner-type jeep for B who in turn rents
complaint after the defendant has pleaded his answer it to X. Due to faulty brakes, X figures in a vehicular
with a counterclaim. If the court grants the motion, the accident causing him severe injuries. X files an action for
dismissal shall be limited to the complaint. It shall be damages against A and B. May B file a third-party
without prejudice to the right of the defendant to complaint against A for indemnity? Explain. (1996 Bar
prosecute his counterclaim in a separate action unless Question)
within 15 days from notice of the motion, manifests his
preference to have his counterclaim resolved in the A: No, because what B should file is a cross-claim against
same action (Sec. 2, Rule 17). his co-defendant A.
3. When the complaint is dismissed through the fault of
the plaintiff and at a time when a counterclaim has THIRD (FOURTH, ETC.) PARTY COMPLAINTS
already been set up, the dismissal is without prejudice
to the right of the defendant to prosecute his Third (fourth, etc.) party complaint
counterclaim in the same or separate action (Sec. 3,
Rule 17; Riano, 2011). A third (fourth, etc.) party complaint is a claim that a
defending party may, with leave of court, file against a
Q: Fe filed a suit for collection of Php 387,000 against person not a party to the action, called the third (fourth,
Ramon in the RTC of Davao City. Aside from alleging etc.) party defendant, for contribution, indemnity,
payment as a defense, Ramon, in his answer, set up subrogation or any other relief, in respect of his opponent's
counterclaims for Php 100,000 as damages and Php 30,000 claim (Sec.11, Rule 6).
as attorney's fees as a result of the baseless filing of the
complaint, as well as for Php 250,000 as the balance of the NOTE: Leave of court is necessary in third (fourth, etc.) party
purchase price of the 30 units of air conditioners he sold complaint in order to obviate delay in the resolution of the
to Fe. Suppose that instead of alleging payment as a complaint, such as when the third-party defendant cannot be
located, or when unnecessary issues may be introduced, or when a
defense in his answer, Ramon filed a motion to dismiss on
new and separate controversy is introduced (Herrera, 2007).
that ground, at the same time setting up his
counterclaims, and the court grants his motion. What will
Third-party complaint v. Rules on bringing in new parties
happen to his counterclaims? (2008 Bar Question)
Third-party complaint Rules on bringing in new
A: Since Ramon filed only a motion to dismiss, not an
parties
answer, the dismissal of the complaint would also bring
It is proper when not one of If one or more of the
about the dismissal of his counterclaims but he can file a
the third-party defendants defendants in a
separate action for his permissive counterclaims. The
therein is a party to the counterclaim or cross-
compulsory counterclaims are deemed waived when he
main action (Riano, 2011). claim is already a
filed a motion to dismiss the complaint instead of
party to the action,
answering the same (Financial Building Corp. v. Forbes Park
then the other
Association, Inc., G.R. No. 133119, August 17, 2000).
necessary parties may
be brought in under
CROSS-CLAIMS
the rules on bringing
in new parties.
Requisites of cross-claim

1. A claim by one party against a co-party;


2. It must arise out of the subject matter of the complaint
or of the counterclaim; and
3. The cross-claimant is prejudiced by the claim against
him by the opposing party (Sec. 8, Rule 6).

UNIVERSITY OF SANTO TOMAS


35 FACULTY OF CIVIL LAW
REMEDIAL LAW
Tests to determine whether the third-party complaint is in 3. Legal interest against both; or
respect of plaintiffs claim 4. So situated as to be adversely affected by a distribution
or other disposition of property in the custody of the
1. Whether it arises out of the same transaction on court or of an officer thereof.
which the plaintiffs claim is based, or, although 5. Intervention will not unduly delay or prejudice the
arising out of another or different transaction, is adjudication of the rights of original parties;
connected with the plaintiffs claim; 6. Intervenors rights may not be fully protected in a
2. Whether the third-party defendant would be liable to separate proceeding (Sec. 1, Rule 19).
the plaintiff or to the defendant for all or part of the
plaintiffs claim against the original defendant; and REPLY
3. Whether the third-party defendant may assert any
defenses which the third-party plaintiff has or may Necessity of filing a reply
have to the plaintiffs claim (Capayas v. CFI of Albay,
77 Phil 181). GR: No, since even if a party does not file a reply, all the
new matters that were alleged in the answer are deemed
NOTE: Where the trial court has jurisdiction over the main case, it controverted (Sec. 10, Rule 6).
also has jurisdiction over the third party complaint, regardless of
the amount involved as a third-party complaint is merely auxiliary XPNs:
to and is a continuation of the main action (Republic v. Central
1. Where the answer alleges the defense of usury in which
Surety & Insurance Co., G.R. No. L-27802, October 26, 1968).
case a reply under oath should be made. Otherwise, the
allegation of usurious interest shall be deemed
Q: Abby obtained a favorable judgment against UNICAP
admitted.
for a sum of money. For failure to get full payment, Abby
2. Where the defense in the answer is based on an
went after UNICAPs debtor, Ben. Ben is a policy holder of
actionable document, a reply under oath pursuant to
Insular. The courts sheriff then served a notice of
Sec. 8 of Rule 8 must be made. Otherwise, the
garnishment to Insular over several account receivables
genuineness and due execution of the document shall
due to Ben. Insular refused to comply with the order
be deemed admitted (Sec. 8, Rule 8).
alleging adverse claims over the garnished amounts. The
trial court ordered Insular to release to Abby the said
PLEADINGS ALLOWED IN SMALL CLAIM CASES AND CASES
account receivables of Ben under the policies. Insular then
COVERED BY THE RULES ON SUMMARY PROCEDURE
filed a petition for certiorari with the CA alleging that the
trial judge gravely abused his discretion when he issued
Pleadings allowed in small claims cases
the garnishment order despite its adverse claim on the
garnished amounts. The CA gave due course to the
1. Statement of Claim (Form 1-SSC)
petition and annulled the order of the trial court. Is the CA
correct?
NOTE: It must be accompanied by a certification of non-
forum shopping and 2 photocopies of the actionable
A: No. Neither an appeal nor a petition for certiorari is the document/s subject of the claim as well as affidavits of
proper remedy from the denial of a third-party claim. Since witnesses and other evidence to support the claim. No
the third-party claimant is not one of the parties to the evidence shall be allowed during the hearing which was not
action, he could not, strictly speaking, appeal from the attached to the claim unless good cause is shown for the
order denying its claim, but should file a separate admission of the evidence (Sec. 5, Rules on Small Claims)
reinvindicatory action against the execution creditor or a
complaint for damages against the bond filed by the 2. Response
judgment creditor in favor of the sheriff. The rights of a 3. Counterclaim
third-party claimant should be decided in a separate action a. Compulsory counterclaim:
to be instituted by the third person (Solidum v. CA, G.R. No. i. Is within the coverage of the Rule (amount
161647, June 22, 2006). not exceeding Php 100,000), exclusive of
interest and costs;
ii. Arises out of the same transaction or event
COMPLAINT-IN-INTERVENTION that is the subject matter of the plaintiffs
claim;
Complaint-in-Intervention iii. Does not require for its adjudication the
joinder of third parties; and
It is a pleading filed for the purpose of asserting a claim iv. Is not a subject of another pending action
against either or all of the original parties (Sec. 3, Rule 19). (Sec. 13, A.M. No. 08-8-7-SC).

Requisites for an Intervention by a Non-party in an action b. Permissive counterclaim


pending in court (2000 Bar Examination) Counterclaim against the plaintiff that does not
arise out of the same transaction or occurrence,
The requisites for intervention are: provided that the amount and nature thereof are
1. Legal interest in the matter in controversy; or within the coverage of the Rule and the prescribed
2. Legal interest in the success of either of the parties; or docket and other legal fees are paid (Sec. 13, A.M.
No. 08-8-7-SC).

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2014 GOLDEN NOTES
36
CIVIL PROCEDURE
Civil cases covered by the rule on small claims 2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a
When the claims or demand arises from: judgment, or for reopening of trial;
1. Money not exceeding Php 100,000 owed under any of 4. Petition for relief from judgment;
following: 5. Motion for extension of time to file pleadings,
a. Contract of lease; affidavits, or any other paper;
b. Contract of loan; 6. Memoranda;
c. Contract of services; 7. Petition for certiorari, mandamus, or prohibition
d. Contract of sale; or against any interlocutory order issued by the court;
e. Contract of mortgage. 8. Motion to declare the defendant in default;
2. For damages in the amount not exceeding Php 9. Dilatory motions for postponement;
100,000 arising from any of the following: 10. Reply;
a. Fault or negligence; 11. Third-party complaints; and
b. Quasi-contracts; and 12. Interventions (Sec.14, A.M. No. 08-8-7-SC).
c. Contracts
3. The enforcement of a barangay amicable settlement PARTS OF A PLEADING
or an arbitration award involving a money claim
covered by this rule pursuant to Sec. 417 of the Local 1. Caption
Govt Code (Sec. 4, A.M. No. 08-8-7-SC). 2. Body sets forth its designation, the allegations of the
partys claims or defenses, the relief prayed for, and the
Pleadings allowed in a summary procedure date of the pleading.
a. paragraphs
1. Complaint b. headings
2. Compulsory counterclaim c. relief
d. date
NOTE: While in small claims cases, permissive counterclaim is 3. Signature and address
allowed as long as the amount and nature thereof is within the 4. Verification (in several cases)
coverage of the Rule in Summary procedure, such is not 5. Certification against forum shopping
allowed.
CAPTION
3. Cross-claims pleaded in the answer
4. Answer to these pleadings (Sec. 3, Rules on Summary
The caption sets forth:
Procedure).
1. Name of the court
2. Title of the action,
Civil cases covered by the rules on summary procedure
3. Docket number if assigned (Sec. 1, Rule 7).
1. Civil cases: NOTE: The title of the action indicates the names of the parties.
a. All cases of forcible entry and unlawful detainer, They shall all be named in the original complaint or petition but in
irrespective of amount of damages or unpaid subsequent pleadings, it shall be sufficient if the name of the first
rentals sought to be recovered provided when party on each side be stated with an appropriate indication when
attorneys fees are awarded, the same shall not there are other parties. Their respective participation in the case
exceed Php 20,000.00; and shall be indicated (Ibid.).
b. All other civil cases, except probate proceedings,
where the total amount of the plaintiffs claim SIGNATURE AND ADDRESS
does not exceed Php 100,000 or Php 200,000 in
Metropolitan Manila, exclusive of interest and Signature and address
costs (As amended by A.M. No. 02-11-09-SC
effective November 5, 2002). The complaint must be signed by the plaintiff or counsel
representing him indicating his address. This address should
Prohibited pleadings, motions and petitions in small not be a post office box (Sec. 3, Rule 7).
claims and summary procedure
Significance of lawyers signature
1. GR: Motion to dismiss the complaint
The signature of counsel constitutes a certificate by him
XPN: In cases covered by small claims, a Motion to that:
Dismiss is a prohibited pleading which admits no 1. He has read the pleading;
exception (SC En Banc Resolution dated October 27, 2. That to the best of his knowledge, information, and
2009 in A.M. No. 08-8-7-SC) while in cases covered by belief there is good ground to support it; and
summary procedure, a Motion to Dismiss may be filed 3. That it is not interposed for delay.
only either on the ground of lack of jurisdiction over
the subject matter or upon failure to refer the dispute
to the Lupon Tagapamayapa as required by the LGC.

UNIVERSITY OF SANTO TOMAS


37 FACULTY OF CIVIL LAW
REMEDIAL LAW
Effect of unsigned pleading 16. Petition for the declaration of competency of a
ward;
An unsigned pleading produces no legal effect. However, 17. Petition for habeas corpus;
the court may, in its discretion, allow such deficiency to be 18. Petition for change of name;
remedied if it shall appear that the same was due to mere 19. Petition for voluntary judicial dissolution of a
inadvertence and not intended for delay (Sec. 3, Rule 7). corporation;
20. Petition for correction or cancellation of entries in
Actions of counsel that are subject to disciplinary Civil Registry (Regalado, 2012).
measures 21. All other initiatory pleadings, e.g. Complaint

When counsel:
1. Deliberately files an unsigned pleading Effects of lack of verification
2. Signs a pleading in violation of this Rule
3. Alleges scandalous or indecent matter therein 1. A pleading required to be verified but lacks the proper
4. Fails to promptly report to the court a change of his verification shall be treated as an unsigned pleading
address (Sec. 4 as amended by A.M. 00-2-10, May 1, 2000).
Hence, it produces no legal effect (Sec. 3, Rule 7).
VERIFICATION AND CERTIFICATION AGAINST FORUM 2. It does not necessarily render the pleading defective. It
SHOPPING is only a formal and not a jurisdictional requirement.
The requirement is a condition affecting only the form
How to verify pleadings of the pleading (Benguet Corp. v. Cordillera Caraballo
Mission, Inc., G.R. No. 155343, September 2, 2005) and
It is verified by an affidavit. This affidavit declares that the: non-compliance therewith does not necessarily render
1. Affiant has read the pleading; and it fatally defective (Sarmiento v. Zaranta, G.R. No.
2. Allegations therein are true and correct of his 167471, February 5, 2007).
personal knowledge or based on authentic records 3. The absence of verification may be corrected by
(Sec. 4, Rule 7) requiring an oath. The rule is in keeping with the
principle that rules of procedure are established to
NOTE: Verification is not necessary in pleadings, except when secure substantial justice and that technical
otherwise specifically required by law or rule (Ibid.). requirements may be dispensed with in meritorious
cases (Pampanga Sugar Development Co., Inc. v. NLRC,
Significance of verification G.R. No. 112650, May 29, 1997).

It is intended to secure an assurance that the allegations in Forum shopping (2006 Bar Question)
a pleading are true and correct and not the product of the
imagination or a matter of speculation, and that the It is an act of a party against whom an adverse judgment
pleading is filed in good faith. The absence of a proper has been rendered in one forum of seeking and possibly
verification is cause to treat the pleading as unsigned and getting a favorable opinion in another forum, other than by
dismissible (Chua v. Torres, 468 SCRA 358; Riano, 2011). appeal or the special civil action of certiorari (Sps. Carpio v.
Rural Bank of Sto. Tomas Batangas, G.R. No. 153171, May
Pleadings that must be verified (1996 Bar Question) 4, 2006).

1. Petition for relief from judgment; Test to determine forum shopping


2. Petition for review from the RTCs to the CA;
3. Petition for review from the CTA and quasi-judicial Whether in the two or more cases pending, there is identity
agencies to the CA; of:
4. Appeal by certiorari from the CA to the SC; 1. Parties
5. Petition for annulment of judgments or final orders 2. Rights or Causes of action
and resolutions; 3. Reliefs sought (Huibonhoa v. Concepcion, G.R. No.
6. Complaint for injunction; 153785 August 3, 2006)
7. Application for appointment of receiver;
8. Application for support pendente lite; Nature of the certification against forum shopping
9. Petition for certiorari against the judgments, final
orders or resolutions of constitutional commissions; It is a mandatory requirement in filing a complaint and
10. Petition for certiorari, prohibition, mandamus, quo other initiatory pleadings asserting a claim or relief (Sec. 5,
warranto Rule 7).
11. Complaint for expropriation;
12. Complaint for forcible entry or unlawful detainer; NOTE: This rule also applies to special civil actions (Riano, 2011).
13. Petition for indirect contempt;
14. Petition for appointment of general guardian;
15. Petition for leave to sell or encumber property of an
estate by a guardian;

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
38
CIVIL PROCEDURE
Execution of certification against forum shopping Belated filing of certification against forum shopping

It must be signed by the principal parties. If, for any reason, GR: The lack of certification against
the principal party cannot sign the petition, the one signing forum shopping is generally not curable by the submission
on his behalf must have been duly authorized. With respect thereof after the filing of the petition.
to a corporation, the certification against forum shopping
may be signed for and on its behalf, by a specifically XPN: In certain exceptional circumstances, the Court has
authorized lawyer who has personal knowledge of the facts allowed the belated filing of the certification. In Loyola v.
required to be disclosed in such document (Cosco CA, et al. (245 SCRA 477 [1995]), the Court considered the
Philippines Inc. v. Kemper Insurance Co., G.R. No. 179488, filing of the certification one day after the filing of an
April 23, 2012). election protest as substantial compliance with the
requirement. In Roadway Express, Inc. v. CA, et al. (264
Undertakings of a party under the certification against SCRA 696 [1996]), the Court allowed the filing of the
forum shopping certification 14 days before the dismissal of the petition.
In Uy v. LandBank, supra, the Court had dismissed Uys
1. That the party has not commenced or filed any claim petition for lack of verification and certification
involving the same issues in any court, tribunal, or against non-forum shopping. However, it subsequently
quasi-judicial agency and, to the best of his reinstated the petition after Uy submitted a motion to
knowledge, no such other action or claim is pending; admit verification and non-forum shopping certification. In
2. That if there is such other pending action or claim, a all these cases, there were special circumstances or
complete statement of the present status thereof; compelling reasons that justified the relaxation of the rule
3. That if he should therefore learn that the same or requiring verification and certification on non-
similar action or claim has been filed or is pending, he forum shopping.
shall report that fact within five days therefrom to the
court wherein his aforesaid complaint or initiatory NOTE: Any liberal application of the rule on attachment of
pleading has been filed (Sec. 5, Rule 7). certification against forum shopping has to be justified by ample
and sufficient reasons that maintain the integrity of, and do not
detract from, the mandatory character of the rule (Bank of the
Non-compliance with the rule on certification against
Philippine Islands v. CA, G.R. No., 168313, October 6, 2010).
forum shopping
Substantial compliance with the filing of certification
It is not curable by mere amendment and shall be a cause
against forum shopping
for the dismissal of action (Ibid.).
GR: The rule is that the certificate of non-forum shopping
NOTE: Willful and deliberate forum shopping of the party or his
counsel shall be a ground for summary dismissal. This dismissal is must be signed by all the petitioners or plaintiffs in a case
with prejudice and shall constitute direct contempt as well as cause and the signing by only one of them is insufficient.
for administrative sanctions on the part of counsel (Ibid.).
XPN: Rules on forum shopping were designed to promote
Submission of a false certification and facilitate the orderly administration of justice, should
not be interpreted with such absolute literalness as to
It shall constitute indirect contempt of court, without subvert its own ultimate and legitimate objective. The rule
prejudice to the corresponding administrative and criminal of substantial compliance may be availed of with respect to
actions (Ibid.). the contents of the certification. This is because the
requirement of strict compliance with the provisions
Non-compliance with the undertakings regarding the certification of non-forum shopping merely
underscores its mandatory nature in that the certification
NOTE: It has the same effect as the submission of false cannot be altogether dispensed with or its requirements
certification. Hence, such failure shall constitute indirect contempt completely disregarded. It does not thereby interdict
of court without prejudice to the corresponding administrative and substantial compliance with its provisions under justifiable
criminal sanctions (Sec. 5, Rule 7). circumstances (Cavile v. Heirs of Clarita Cavile, 448 Phil 302,
2003).
Consequence of forum shopping

If the forum shopping is not considered willful and


deliberate, the subsequent case shall be dismissed without
prejudice, on the ground of either litis pendentia or res
judicata. However, if the forum shopping is willful and
deliberate, both (or all, if there are more than two) actions
shall be dismissed with prejudice (Chua v. Metropolitan
Bank & Trust co. G.R. No. 182311, August 19, 2009).

UNIVERSITY OF SANTO TOMAS


39 FACULTY OF CIVIL LAW
REMEDIAL LAW
Period to invoke rule on forum shopping EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING

GR: It should be raised at the earliest opportunity in a The signature of counsel constitutes:
motion to dismiss or a similar pleading (Regalado, 2012). 1. A certificate by him that he has read the pleading;
2. That to the best of his knowledge, information and
XPNs: It may be invoked in later stages only if the violation belief there is good ground to support it; and
arises from or will result in: 3. That it is not interposed for delay (Sec. 3, Rule 7)
1. The loss of jurisdiction over the subject matter;
2. The pendency of another action between the same ALLEGATIONS IN A PLEADING
parties for the same cause;
3. Barring of the action by a prior judgment; or MANNER OF MAKING ALLEGATIONS
4. The Statute of Limitations has been crossed (Young v.
Keng Seng, G.R. No.143464, March 5, 2003). Rule in making a pleading

Q: Mayor Miguel of Koronadal City filed an action against Every pleading shall contain in a methodical and logical
RD Corporation for the annulment of the deed of absolute form a plain, concise and direct statement of the ultimate
sale over several real properties of Koronadal City with facts, omitting the statement of mere evidentiary facts (Sec.
the RTC. He alleges irregularities thereto but the RTC 1, Rule 8).
dismissed the petition because the certification against
forum shopping was signed by the City Legal Officer of City Ultimate facts
of Koronadal and not by Mayor Miguel. Is the RTC correct?
They refer to the essential facts of the claim. A fact is
A: Yes. It is the mayor, not the City Legal Officer, who has essential if it cannot be stricken out without leaving the
the authority to file suits for the recovery of funds and statement of the cause of action insufficient (Ceroferr
property on behalf of the city even without the prior Realty Corporation v. CA, 376 SCRA 144).
authorization from the Sanggunian. Here, Mayor Miguel
had the authority to institute the action against RD CONDITION PRECEDENT
Corporation. However, being the proper party to file such
suits, Mayor Miguel must necessarily be the one to sign the Condition precedent
certification against forum-shopping, and not the City Legal
Officer, who, despite being an official of the City, was It refers to matters which must be complied with before a
merely its counsel and not a party to the case (City of cause of action arises (Riano, 2011).
Caloocan v. CA, G.R. No. 145004, May 3, 2006).
Rule on condition precedent
Rule when the plaintiff is a juridical person
When a claim is subject to a condition precedent, the
The certification against forum shopping where the plaintiff compliance of the same must be alleged in the pleading.
is a juridical entity like a corporation, may be executed by Otherwise it will be a ground for dismissal under Sec. 1[j],
properly authorized person. This person may be a lawyer of Rule 16: that a condition precedent for filing a claim has not
a corporation. As long as he is duly authorized by the been complied with (Riano, 2011).
corporation and has personal knowledge of the facts
required to be disclosed in the certification, such may be FRAUD, MISTAKE, MALICE, INTENT, KNOWLEDGE AND
signed by the authorized lawyer (National Steel Corporation OTHER CONDITION OF THE MIND, JUDGMENTS, OFFICIAL
v. CA, 388 SCRA 85; Riano, 2011). DOCUMENTS OR ACTS

Q: Corporation XYZ is the petitioner in a civil case. Averments of fraud or mistake


Alexander, president of corporation XYZ, signed the
certification against forum shopping in behalf of said The circumstances constituting such fraud or mistake must
corporation without presenting any proof of authority be stated with particularity (Sec. 5, Rule 8). These
from the corporation. Is the certification against forum particulars would necessarily include the time, place, and
shopping valid? If not, how may it be cured? specific acts of fraud committed against him (Riano, 2011).

A: No. When the petitioner in a case is a corporation, the Averments of malice, intent, knowledge or other
certification against forum shopping should be signed by its conditions of the mind of a person
duly authorized director or representative. The authorized
director or representative of the corporation should be The circumstances constituting such may be averred
vested with authority by a valid board resolution. A proof of generally (Sec. 5, Rule 8).
said authority must be attached with the certification (PAL
v. FASAP, G.R. No. 143088, January 24, 2006).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
40
CIVIL PROCEDURE
Q: The complaint alleged that the defendant acted in bad not be considered a specific denial (Aquintey v. Tibong, 515 SCRA
faith, arbitrarily, illegally, wrongfully and in violation of 414, 433).
law. However, it did not contain any averment of facts
showing that defendants acts were done in the manner EFFECT OF FAILURE TO MAKE SPECIFIC DENIALS
alleged. Does the complaint state a cause of action?
Material averments except as to the amount of
A: No, because it does not state the ultimate facts unliquidated damages, not specifically denied are deemed
constituting the plaintiffs cause of action. The allegations admitted. If the allegations are deemed admitted, there is
that the defendant acted in bad faith, arbitrarily, illegally, no more triable issue between the parties and if the
wrongfully and in violation of law are mere conclusions of admissions appear in the answer of the defendant, the
fact or conclusions of law (Remitere v. De Yulo 16 SCRA plaintiff may file a motion for judgment on the pleadings
251). under Rule 34 (Riano, 2011).

Official document or act WHEN A SPECIFIC DENIAL REQUIRES AN OATH

It is sufficient to aver that the document was issued in When a specific denial requires an oath
compliance with law. With respect to an act, it is likewise
sufficient to allege that the act was done also in compliance 1. A denial of an actionable document (Sec. 8, Rule 8)
with law (Sec. 9, Rule 8; Riano, 2011). 2. A denial of allegations of usury in a complaint to recover
usurious interest (Sec. 11, Rule 8)
PLEADING AN ACTIONABLE DOCUMENT
NOTE: An answer raising a specific denial based on the above
grounds is deemed to be under oath if it contains verification.
Actionable document
Q: A and B entered into a contract to sell whereby A will
It is one which is the basis of an action or a defense. e.g. A
deliver to B the parcel of land upon payment of the
promissory note in an action for collection of a sum of
purchase price. Upon full payment, A demanded the
money
delivery of the land. However, before the contract of sale
was executed, B died. Hence, A filed an action for specific
Pleading an actionable document
performance against S, the son of A presenting the
contract to sell. S made a specific denial of the actionable
Whenever an action or defense is based upon a written
document but it was not made under oath. Is S said to
instrument or document, the substance of such instrument
have admitted the existence and genuineness of the
or document shall be set forth in the pleading, and the
contract to sell?
original or a copy thereof shall be attached to the pleading
as an exhibit, which shall be deemed to be a part of the
A: No, it is not required for S to make a specific denial
pleading, or said copy may with like effect be set forth in
under oath because he is not a party to the instrument (Sec.
the pleading (Sec. 7, Rule 8).
8, Rule 8). It is only when the adverse party is a party to the
NOTE: A variance in the substance of the document set forth in the written instrument when specific denial under oath is
pleading and the document annexed thereto does not warrant the required.
dismissal of the action (Convets, Inc. v. National Development Co.,
G.R. No. L-10232, February 28, 1958). However, the contents of the NOTE: Denial under oath is also not required when there is an
document annexed are controlling. order for inspection issued by the court, i.e. inspection order under
Rule 27 of the original document, and such order is refused (Sec. 8,
Rule 8). It is not also required when the action is not to recover
SPECIFIC DENIAL
usurious interest as when usurious interest is being raised as a
defense in a collection case.
Forms of denials amounting to negative defenses
Only the requirement of an oath is excused in the 3 instances
1. Absolute denial -The defendant specifies each material mentioned (not a party to the instrument, refusal to comply with
allegation of fact the truth of which he does not admit and, an inspection order, and suit not based on recovery of usurious
whenever practicable, sets forth the substance of the interest). Specific denial must still be pleaded. Hence, even if the
matters upon which he relies to support his denial. party made an oath, or when an oath is excused but a general
denial is made, then it is still deemed as an admission of the
genuineness and due execution of the document.
2. Partial denial the defendant does not make a total
denial of the material allegations in a specific paragraph.

3. Denial by disavowal of knowledge the defendant


alleges that he is without knowledge or information
sufficient to form a belief as to the truth of a material
averment made in the complaint.

NOTE: If such matters are plainly and necessarily within the


defendants knowledge, a claim of ignorance of information will

UNIVERSITY OF SANTO TOMAS


41 FACULTY OF CIVIL LAW
REMEDIAL LAW
EFFECT OF FAILURE TO PLEAD RELIEF FROM AN ORDER OF DEFAULT

FAILURE TO PLEAD DEFENSES AND OBJECTIONS Remedies from an order of default

GR: Defenses not pleaded in a motion to dismiss or in the After notice of Motion under oath to set aside the
answer are deemed waived. order and before order of default on the grounds of
judgment FAME and he has meritorious
XPNs: These defenses may be raised at any stage of the defense
proceedings even for the first time on appeal:
1. Lack of jurisdiction over the subject matter
If denied he may move for
NOTE: It may however, be barred by laches.
reconsideration; Grounds: FAME
2. Litis pendentia
3. Res judicata; and
4. Statute of limitations (Sec. 1, Rule 9)
If denied -Petition for certiorari
FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND under Rule 65
CROSS-CLAIM
After judgment 1. New Trial (Rule 37)
GR: A compulsory counterclaim or cross-claim not set up in before judgment
the answer is deemed barred (Sec. 2, Rule 9). becomes final and 2. Appeal (Rule 40 or 41)
executory
XPN: If the compulsory counterclaim or cross-claim is an
after-acquired counterclaim, that is, such claim matured
after filing of the answer, it may be pleaded by filing an After judgment 1. Petition for Relief from
amended answer or a supplemental answer or pleading has become final judgment (Rule 38).
(Sec. 9, Rule 11). and executory 2. Annulment of Judgment (Rule
47)
NOTE: Counterclaims or cross-claims omitted through oversight, Defendant has He may avail of the special civil
inadvertence, or excusable neglect or when justice requires may be
been wrongly or action of certiorari under Rule 65.
set up by amendment before judgment. Leave of court is necessary
(Sec. 10, Rule 11). improvidently
declared in default NOTE: The court can be considered to
DEFAULT have acted with grave abuse of
discretion amounting to lack or excess of
jurisdiction and when the lack of
WHEN A DECLARATION OF DEFAULT IS PROPER jurisdiction is patent in the face of the
judgment or from the judicial records
A party may be declared in default when he fails to answer (Balangcad v. Justices of the CA, G.R. No.
within the time allowed therefor, and upon motion of the 83888, February 12, 1992).
claiming party with notice to the defending party, and proof
of such failure (Sec.3, Rule 9).

NOTE: The court has no authority to motu proprio declare the EFFECT OF A PARTIAL DEFAULT
defendant in default. A motion to declare the defending party must
be filed by the claiming party before a declaration of default is Partial default
made by the court. The rule is clear, Sec. 3 of Rule 9 provides
upon motion of the claiming party (Riano, 2011). When a pleading asserting a claim states a common cause
of action against several defending parties, some of whom
EFFECT OF AN ORDER OF DEFAULT answer and the others fail to do so, the court shall try the
case against all upon the answers thus filed and render
1. The party declared in default loses his standing in court judgment upon the evidence presented (Sec. 3, Rule 9).
and prevents him from taking part in the trial [Sec. 3(a),
Rule 9];
2. While the defendant can no longer take part in the trial,
he is nevertheless entitled to notices of subsequent
proceedings [Sec. 3 (a), Rule 9]. It is submitted that he
may participate in the trial, not as a party but as a
witness; and
3. A declaration of default is not an admission of the truth
or the validity of the plaintiffs claims (Monarch
Insurance v. CA, G.R. No. 92735, June 8, 2000). (1999
Bar Question)

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2014 GOLDEN NOTES
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CIVIL PROCEDURE
Q: Gerry sued XYZ Bus Co, and Rico, its bus driver, for Papers required to be served to the adverse party (PM-
injuries Gerry suffered when their bus ran off the road and NOJO)
hit him. Of the two defendants, only XYZ Bus Co. filed an
answer, alleging that its bus ran off the road because one 1. Pleadings
of its wheels got caught in an open manhole, causing the 2. Motions
bus to swerve without the drivers fault. Someone had 3. Notices
stolen the manhole cover and the road gave no warning of 4. Orders
the danger it posed. On Gerrys motion and over the 5. Judgments
objection of XYZ Bus Co., the court declared Rico, the bus 6. Other papers (Sec. 5, Rule 13)
driver in default. Did the court act correctly? (2011 Bar)
PAYMENT OF DOCKET FEES
A: No, the court did not act correctly since the court should
have tried the case against both defendants upon the bus Rules regarding payment of docket fees
companys answer.
1. In Manchester Development Corporation v. CA, a court
EXTENT OF RELIEF acquires jurisdiction only upon payment of the
prescribed docket fee.
The judgment shall not exceed the amount or be different 2. While the payment of prescribed docket fee is a
in kind from that prayed for nor award unliquidated jurisdictional requirement, even its non-payment at
damages (Sec. 3 [d], Rule 9). However, if the court orders the time of filing does not automatically cause the
submission of evidence, unliquidated damages may be dismissal of the case, as long as the fee is paid within
awarded based on such. the applicable prescriptive or reglementary period,
more so when the party involved demonstrates a
ACTIONS WHERE DEFAULT ARE NOT ALLOWED willingness to abide by the rules prescribing such
payment. Thus, when insufficient filing fees were
1. Actions for annulment; initially paid by the plaintiffs and there was no
2. Declaration of nullity of marriage and legal separation intention to defraud the government, the Manchester
(Sec. 3[e], Rule 9); and rule does not apply (Heirs of Bertuldo Hinog v.
3. In special civil actions of certiorari, prohibition and Melico,G.R. No. 140954, April 12, 2005 citing Sun
mandamus where comment instead of an answer is Insurance Office, Ltd. v. Asuncion).
required to be filed. 3. The same rule applies to permissive counterclaims,
third party claims and similar pleadings, which shall
NOTE: A motion to declare defendant in default is a prohibited not be considered filed until and unless the filing fee
pleading in Summary Procedure, Small Claims and Environmental prescribed therefor is paid. The court may also allow
Cases. payment of said fee within a reasonable time but also
in no case beyond its applicable prescriptive or
FILING AND SERVICE OF PLEADINGS reglementary period.
4. Where the trial court acquires jurisdiction over a claim
Papers required to be filed with the Court and served by the filing of the appropriate pleading and payment
upon the parties affected (JuReO-PleWrit-NADOS) of the prescribed filing fee but, subsequently, the
judgment awards a claim not specified in the pleading,
1. Judgment or if specified the same has been left for
2. Resolution determination by the court, the additional filing fee
3. Order therefor shall constitute a lien on the judgment. It shall
4. Pleading subsequent to the complaint be the responsibility of the Clerk of Court or his duly
5. Written motion authorized deputy to enforce said lien and assess and
6. Notice collect the additional fee (Sun Insurance Office, Ltd. v.
7. Appearance Hon. Maximiano Asuncion, 170 SCRA 274).
8. Demand
9. Offer of judgment or FILING VERSUS SERVICE OF PLEADINGS
10. Similar papers (Sec. 4, Rule 13).
Filing
Papers required to be filed (PAM-NOJA)
It is the act of presenting the pleading or other paper to the
1. Pleadings clerk of court (Sec. 2, Rule 13).
2. Appearances
3. Motions Service
4. Notices
5. Orders It is the act of providing a party with a copy of the pleading
6. Judgments or paper concerned. If any party has appeared by counsel,
7. All other papers (Sec. 3, Rule 13) service upon him shall be made upon his counsel or one of
them, unless service upon the party himself is ordered by
the court (Sec. 2, Rule 13).

UNIVERSITY OF SANTO TOMAS


43 FACULTY OF CIVIL LAW
REMEDIAL LAW
PERIODS OF FILING OF PLEADINGS NOTE: Upon motion and on such terms as may be just, the court
may extend the time to plead provided in these Rules. The court
Periods for Filing an Answer may also, upon like terms, allow an answer or other pleading to be
filed after the time fixed by these Rules (Sec.11, Rule 11).
Answer to an original Within 15 days after
complaint service of summons,
unless a different period MANNER OF FILING
is fixed by the court
(Sec. 1, Rule 11) 1. By presenting the original copies thereof, plainly
Defendant is a foreign Within 15 days after indicated as such, personally to the clerk of court;
private juridical entity service of summons or
and has a resident [Sec.6, in relation to 2. By sending them through registered mail (Sec. 3, Rule
agent Sec.5[a], Rule 2, A.M. 13).
NO. 00-8-10-SC 2000-
11-21] NOTE: Filing by mail should be through the registry service which is
Defendant is a foreign Within 15 days after made by deposit of the pleading in the post office, and not through
private juridical entity service of summons to other means of transmission.
and has no resident said agent or officer
agent but has an agent [Sec.6, in relation to
/ officer in the Sec.5(b), Rule 2, A.M. MODES OF SERVICE
Philippines NO. 00-8-10-SC 2000-
11-21] 1. Personal service (Sec. 6, Rule 13);
Defendant is a foreign Within 30 days after 2. Service by registered mail (Sec. 7, Rule 13); or
private juridical entity receipt of summons by 3. Substituted service (Sec. 8, Rule 13).
and has no resident the home office of the
agent nor agent/ foreign private entity
officer. PERSONAL SERVICE
(Summons to be served
to SEC which will then Personal service is done by:
send a copy by 1. Delivering personally a copy to the party or his counsel;
registered mail within 2. Leaving a copy in counsels office with his clerk or with a
10 days to the home person having charge thereof; or
office of the foreign 3. Leaving the copy between 8 a.m. and 6 p.m. at the
private corporation) partys or counsels residence, if known, with a person
Service of summons by Within the time of sufficient age and discretion residing therein if no
publication specified in the order person found in his office, or if his office is unknown, or
which shall not be less if he has no office (Sec. 6, Rule 13).
than 60 days after
notice (Sec. 15, Rule 14) SERVICE BY MAIL
Non-resident Not be less than 60
defendant to whom days after notice (Sec. Service by mail is done by:
extraterritorial service 15, Rule 14) 1. By depositing the copy in the post office in a sealed
of summons is made envelope, plainly addressed to the party or his counsel
Answer to amended Within 15 days from at his office, if known, otherwise at his residence, if
complaint (Matter of service of amended known, with postage fully prepaid, and with instructions
right) complaint (Sec. 3, Rule to the postmaster to return the mail to the sender after
11) 10 days if undelivered; or
Answer to amended Within 10 days counted 2. Ordinary mail if no registry service is available in the
complaint (Not a from notice of the court locality of either the sender or the addressee (Sec. 7,
matter of right) order admitting the Rule 13).
same (Sec. 3, Rule 11)
NOTE: Service and filing by mail may be done only when personal
Counterclaim or cross- Within 10 days from
service and filing is not practicable.
claim service (Sec. 4, Rule 11)
Third (fourth, etc.) Like an original
party complaint defendant 15, 30, 60 SUBSTITUTED SERVICE
days as the case may be
(Sec. 5; Regalado, 2012) If service of pleadings, motions, notices, resolutions, orders
Supplemental Within 10 days from and other papers cannot be made under the two preceding
complaint notice of order sections, the office and place of residence of the party or
admitting the same his counsel being unknown, service may be made by
unless a different period delivering the copy to the clerk of court, with proof of
is fixed by the court failure of both personal service and service by mail (Sec. 8,
(Sec. 7, Rule 11) Rule 13).

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
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CIVIL PROCEDURE
SERVICE OF JUDGMENTS, FINAL ORDERS OR RESOLUTIONS Proof of service

Judgments, service of judgments, final orders or resolutions 1. Proof of personal service:


is done by: a. Written Admission of the party served; or
1. Personal service; b. Official return of the server or
2. Registered mail; or c. Affidavit of the party serving, containing the date,
3. Publication, if party is summoned by publication and place and manner of service (Sec. 13, Rule 13).
has failed to appear in the action (Sec. 9, Rule 13) 2. Proof of service by ordinary mail:
a. Affidavit of mailer showing compliance of Sec. 7,
NOTE: No substituted service is allowed with regard to judgments, Rule 13; and
final orders or resolutions. b. Registry receipt issued by the mailing officer (Sec.
13, Rule 13)
PRIORITIES IN MODES OF SERVICE AND FILING 3. Registered mail:
a. Affidavit; and
GR: Whenever practicable, the service and filing shall be b. Registry receipt issued by the mailing office (Sec.
done personally. 13, Rule 13).

XPN: With respect to papers emanating from the court, a NOTE: The registry return card shall be filed immediately upon its
resort to other modes must be accompanied by a written receipt by the sender, or in lieu thereof the unclaimed letter
explanation why the service or filing was not done together with the certified or sworn copy of the notice given by the
personally (Sec. 11, Rule 13). postmaster to the addressee (Sec. 13, Rule 13).

NOTE: A violation of this rule may be cause to consider the paper Notice of lis pendens
as not filed (Ibid.).
In an action affecting title or right of possession of real
The explanation must be satisfactory and acceptable to the court. property, the plaintiff and the defendant, when affirmative
Otherwise, the court has the discretion to consider the pleading, relief is claimed in his answer, may record in the office of
etc., as not having been filed (Solar Team Enterprises, Inc. v. Judge
the registry of deeds of the province in which the property
Ricafort, 35 Phil. 404).
is situated a notice of the pendency of the action.
WHEN SERVICE IS DEEMED COMPLETE
NOTE: Only from the time of filing such notice for record shall a
purchaser, or encumbrancer of the property affected thereby, be
1. Personal service upon actual delivery. deemed to have constructive notice of the pendency of the action,
2. Service by ordinary mail upon expiration of 10 days and only of its pendency against the parties designated by their
after mailing, unless the court otherwise provides. real names (Sec.14, Rule 13).
3. Service by registered mail upon actual receipt by the
addressee, or 5 days from the date he received the first AMENDMENT
notice of the postmaster, whichever date is earlier (Sec.
10, Rule 13). Amendment is made by:
4. Substituted service at the time of such delivery (Sec. 8, 1. Adding or striking out an allegation or the name of any
Rule 13). party; or
2. Correcting a mistake in the name of a party or a
PROOF OF FILING AND SERVICE mistaken or inadequate allegation or description in any
other respect (Sec. 1, Rule 10).
Proof of filing
AMENDMENT AS A MATTER OF RIGHT
GR: Filing is proven by its existence in the record of the
case. Amendment is considered as a matter of right at any time
before a responsive pleading is served or, in the case of a
XPN: If it is not in the record, and: reply, at any time within 10 days after it is served (Sec. 2,
1. If filed personally proved by the written or stamped Rule 10).
acknowledgement of its filing by the clerk of court on a
copy of the same; or NOTE: A motion to dismiss is not a responsive pleading and its
2. If filed by registered mail proved by the registry filing does not preclude the exercise of the plaintiffs right to
receipt and the affidavit of the person who did the amend his complaint (Paeste Jaurigue, 94 Phil 179; Riano, 2009).
mailing with a full statement of:
a. The date and place of depositing the mail in the AMENDMENTS BY LEAVE OF COURT
post office in a sealed envelope addressed to the
court; Substantial amendments
b. With postage fully paid; and
Substantial amendments may be made only upon leave of
c. With instructions to the postmaster to return the
court (Sec. 3, Rule 10).
mail to the sender after 10 days if undelivered
(Sec. 12, Rule 13).

UNIVERSITY OF SANTO TOMAS


45 FACULTY OF CIVIL LAW
REMEDIAL LAW
Amendments by leave of court (1994 Bar Question) (Asset Privatization Trust v. CA, G.R. No. 121171, December 29,
1998).
1. If the amendment is substantial (Sec. 3, Rule 10)
2. A responsive pleading had already been served (Siasoco Amended pleading v. Supplemental pleading
v. CA, G.R. No. 132753. February 15, 1999)
Amended Pleading Supplemental Pleading
NOTE: Plaintiff may amend his complaint even if the same was Refers to the facts Refers to facts
dismissed on motion of the defendant provided that the dismissal existing at the time of occurring after the
order is not yet final (Arranz v. Manila Surety and Fidelity Co., Inc., filing of original pleading filing of the original
L-128441, June 30, 1960). pleading.
Supersedes the original Merely supplements
When refusal of leave of court to amend is allowed
the original pleading
1. The motion is made to delay the action; or May be amended without Always with leave of
2. The cause of action or defense is substantially altered leave of court before a court
(Guiang v.Nadayag, 214 SCRA 355, 1992). responsive pleading is
filed.
NOTE: Amendment that confers jurisdiction over the court is It has retroactive It sets forth transactions,
allowed provided no responsive pleading has yet been filed. In such application. occurrences or events
case, the court will just receive the amended pleading and will not which have happenedsince
act since no discretion is involved, it being an amendment as a the date of the pleading
matter of right. However, once a responsive pleading has already sought to be
been filed, the amendment can no longer be allowed since the supplemented.
court will need to exercise its discretion and will already be acting
without jurisdiction (Riano, 2011).
Amendment must be There is no such
appropriately marked. requirement in
FORMAL AMENDMENT supplemental
pleadings (Herrera,
A defect in the designation of the parties and other clearly 2007).
clerical or typographical errors may be summarily corrected
by the court at any stage of the action, at its initiative or on
motion, provided no prejudice is caused thereby to the Purposes of supplemental pleading
adverse party (Sec. 4, Rule 10).
1. It is to bring into the records new facts, which will
enlarge or change the kind of relief to which the
AMENDMENTS TO CONFORM TO OR AUTHORIZE
plaintiff is entitled.
PRESENTATION OF EVIDENCE
2. It is meant to supply deficiencies in aid of the original
pleading, not to entirely substitute the latter (Herrera,
Instances when an amendment may be made to conform
2007).
to or authorize presentation of evidence
NOTE: Filing an answer to a supplemental complaint is not
1. When issues not raised by the pleadings are tried with mandatory because of the use of the word may in Sec. 7, Rule 11.
the express or implied consent of the parties. This is bolstered by the express provision of the Rules that the
answer to the original pleading shall serve as the answer to the
NOTE: Failure to amend does not affect the result of the trial supplemental pleading if no new or supplemental answer is filed.
of said issue. The Court cannot declare the respondents in default simply
because the latter opted not to file their answer to the
2. Amendment may also be made to authorize supplemental petition (Chan v. Chan, G.R. No. 150746, October 15,
presentation of evidence if evidence is objected to at 2008).
the trial on the ground that it is not within the issues
made by the pleadings, if the presentation of the EFFECT OF AMENDED PLEADING
merits of the action and the ends of substantial justice
will be subserved thereby (Sec. 5, Rule 10). Effect of amended pleading

DIFFERENCE FROM SUPPLEMENTAL PLEADINGS An amended pleading supersedes the pleading it amends.
However, admissions in the superseded pleading can still be
Supplemental pleading received in evidence against the pleader. Claims or
defenses alleged therein but not incorporated or reiterated
It is one which sets forth transactions, occurrences, or in the amended pleading are deemed waived (Sec. 8, Rule
events which have happened since the date of the pleading 10).
sought to be supplemented (Sec. 6; Riano, 2011).

NOTE: The cause of action stated in the supplemental complaint


must be the same as that stated in the original complaint.
Otherwise, the court should not admit the supplemental complaint

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
46
CIVIL PROCEDURE
Effect of amended pleading on the admissions in the Summons on private juridical entity
original pleading
In such case, service may be made on the president,
They cease to be judicial admissions. Thus, they are to be managing partner, general manager, corporate secretary,
considered as extrajudicial admissions and may be proved treasurer, or in-house counsel (Sec. 11, Rule 14).
by the party relying thereon by formal offer in evidence of
such original pleading (Ching v. CA, G.R. No. 110844, April The enumeration is exclusive. Thus, service of summons
27, 2000). upon other persons is not valid.

SUMMONS (RULE 14) Summons on foreign private juridical entity registered in


the Philippines
NATURE AND PURPOSE OF SUMMONS IN RELATION TO
ACTIONS IN PERSONAM, IN REM AND QUASI IN REM Provided it has transacted business in the Philippines, in
which case, service may be made on its:
Nature of summons 1. Resident agent designated in accordance with law for
that purpose, or,
It is the writ by which the defendant is notified of the action 2. If there be no such agent, on the government official
brought against him (Gomez v. CA, G.R. No. 127692, March designated by law to that effect, or
10, 2004). An important part of that notice is a direction to 3. On any of its officers or agents within the Philippines
the defendant that he must answer the complaint within a (Sec. 12, Rule 14).
specified period, and that unless he so answers, plaintiff
will take judgment by default and may be granted the relief Summons on foreign private juridical entity not registered
applied for (Sec. 2, Rule 14; Riano, 2005). in the Philippines

NOTE: When the service has been completed, the server shall, If the foreign private juridical entity is not registered in the
within 5 days therefrom, serve a copy of the return, personally or Philippines or has no resident agent, service may, with
by registered mail, to the plaintiffs counsel, and shall return the
leave of court, be effected out of the Philippines through
summons to the clerk who issued it, accompanied by proof of
service (Sec. 4, Rule 14).
any of the following means:
1. By personal service coursed through the appropriate
If summons is returned without being served, the server shall also court in the foreign country with the assistance of the
serve a copy of the return on the plaintiffs counsel stating the Department of Foreign Affairs;
reasons for the failure of service, within 5 days therefrom (Sec. 5, 2. By publication once in a newspaper of general
Rule 14). circulation in the country where the defendant may be
found and by serving a copy of the summons and the
Alias summons court order by-registered mail at the last known
address of the defendant;
If a summons is returned without being served on any or all 3. By facsimile or any recognized electronic means that
of the defendants or if the summons has been lost, the could generate proof of service; or
clerk, on demand of the plaintiff, may issue an alias 4. By such other means as the court may in its discretion
summons (Sec. 5, Rule 14). direct (A.M. No. 11-3-6-SC dated March 15, 2011).

Purposes of summons Summons on entities without juridical personality

1. Actions in personam When persons associated in an entity without juridical


a. To acquire jurisdiction over the person of the personality are sued under the name by which they are
defendant; and generally or commonly known, service may be effected
b. To give notice to the defendant that an action has upon all the defendants by serving upon any one of them,
been commenced against him (Umandap v. Sabio, or upon the person in charge of the office or place of
Jr., G.R. No. 140244, August 29, 2000) business maintained in such name. But such service shall
2. Actions in rem and quasi in rem not to acquire not bind individually any person whose connection with the
jurisdiction over the defendant but mainly to satisfy entity has, upon due notice, been severed before the action
the constitutional requirement of due process (Gomez was brought (Sec. 8, Rule 14).
v. CA, G.R. No. 127692, March 10, 2004).

Service of summons on public corporations

When the defendant is the Republic of the Philippines,


service may be effected on the Solicitor General; in case of
a province, city or municipality, or like public corporations,
service may be effected on its executive head, or on such
other officer or officers as the law or the court may direct
(Sec. 13, Rule 14).

UNIVERSITY OF SANTO TOMAS


47 FACULTY OF CIVIL LAW
REMEDIAL LAW
VOLUNTARY APPEARANCE Reasonable time for the sheriff to effect a personal service
in order to demonstrate impossibility of prompt service
Effect of voluntary appearance
To the sheriff, reasonable time means 15 to 30 days
GR: The defendants voluntary appearance shall be because at the end of the month, it is a practice for the
equivalent to service of summons and the consequent branch clerk to require the sheriff to submit a return of the
submission of ones person to the jurisdiction of the court summons assigned to the sheriff for service (Manotoc v. CA,
(Sec. 20, Rule 14). G.R. No. 130974, August 16, 2006).

NOTE: Voluntary appearance cures the defect in the service of Person of suitable age and discretion to be left with
summons. summons

XPN: The inclusion in a motion to dismiss of other grounds A person of suitable age and discretion is one who has
(affirmative defenses, not affirmative relief) aside from/in attained the age of full legal capacity (18 years old) and is
addition to lack of jurisdiction over the person of the considered to have enough discernment to understand the
defendant shall not be deemed a voluntary appearance. importance of a summons (supra).

Form of voluntary appearance Substituted service of pleadings other papers v.


Substituted service of summons
Voluntary appearance may be in form of:
1. Voluntary appearance of attorney;
2. A motion, by answer, or simple manifestation (Flores v. Substituted service of Substituted service of
Surbito); pleadings and other summons
3. A telegraphic motion for postponement (Punzalan v. papers
Papica, February 29, 1960);
4. Filing a motion for dissolution of attachment;
Purpose is to provide a Purpose is to acquire
5. Failure to question the invalid service of summons
copy of the pleading or jurisdiction over the
(Navale v. CA, GR 109957, February 20, 1996);and
other papers to the person of the defendant
6. Filing a motion for extension of time to file an answer
defendant in order for
him to be informed
PERSONAL SERVICE

Personal service of summons is proper only if the suit is one


strictly in personam. The service of summons must be made Availed of only when Only if service in person
by service in person on the defendant. This is effected by there is failure to effect cannot be made
handing a copy of the summons to the defendant in person, service personally or by promptly can the
or if he refuses to receive it, by tendering the copy of the mail. This failure occurs process server resort to
summons to him (Sec. 6, Rule 14; Riano, 2011). when the office and substituted service
residence of the party or
SUBSTITUTED SERVICE counsel are unknown

Requirements of substituted service of summons


Effected by delivering Effected by leaving
1. The party relying on substituted service or the sheriff
the copy to the clerk of copies of the summons
must show that defendant cannot be served promptly
court, with proof of at the defendants
or there is impossibility of prompt service;
faliure of both personal residence to a person of
2. The sheriff must describe in the Return of Summons the
service and service by suitable age and
facts and circumstances surrounding the attempted
mail discretion residing
personal service;
therein or by leaving
3. If the substituted service will be effected at defendants
copies at the
house or residence, it should be left with a person of
defendants office or
suitable age and discretion then residing therein and
regular place of busines
must have the relation of confidence to the
with some competent
defendant;
person in charge
4. If the substituted service will be done at defendants
thereof.
office or regular place of business, then it should be
served on a competent person in charge of the place
(Manotoc v. CA, G.R. No. 130974, August 16, 2006).

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2014 GOLDEN NOTES
48
CIVIL PROCEDURE
CONSTRUCTIVE SERVICE (BY PUBLICATION) NOTE: If the action is in personam, this mode of service will not be
available. There is no extraterritorial service of summons in an
Constructive service (by publication) is available action in personam. Hence, extraterritorial service upon a
nonresident in an action for injunction which is in personam is not
proper (Kawasaki Port Service Corp. vs. Amores, 199SCRA 230;
GR: As a general rule, summons by publication is available Banco Do Brasil vs. CA, 333 SCRA 545).
only in actions in rem or quasi in rem. It is not available as a
means of acquiring jurisdiction over the person of the Instances when extra-territorial service of summons is
defendant in an action in personam.
allowed
XPN: Summons by publication is available in an action in
personam in the following situations: Allowed only in cases of extra-territorial service under any
of the following situations:
1. The identity of the defendant is unknown; 1. The action affects the personal status of the plaintiff
2. The whereabouts of the defendants are 2. The action relates to, or the subject of which is the
unknown; property within the Philippines on which the defendant
3. The defendant a resident of the Philippines but is has or claims a lien or interest, actual or contingent
temporarily out of the country. 3. The action in which the relief demanded consists,
4. The defendant does not reside and is not found in wholly or in part, excludes the defendant from any
the Philippines but the suit can be properly interest therein
maintained against him in the Philippines, it being 4. When the property of the defendant has been attached
a rem or quasi in rem in the Philippines

NOTE: Those enumerated from 1 to 3 applies to any action, which Manner of service of summons in cases of extra-territorial
necessarily includes personal action (Riano, 2011). service

Summons by publication may be made only with leave of court. 1. With leave of court served outside the Philippines by
personal service;
Service of summons by mail 2. With leave of court served by publication in a
newspaper of general circulation, copy of the summons
It can be done as a complementary to service of summons and order of court must also be sent by registered mail
by publication but it does not mean that service by to the last known address of defendant; or
registered mail alone would suffice (Regalado, 2012). 3. Any other manner the court may deem sufficient (Sec.
15, Rule 14).
SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS
UNKNOWN OR WHERE HIS WHEREABOUTS ARE NOTE: In the case of Carriaga v. Malaya, 143 SCRA 441,
UNKNOWN summonses were sent by registered mail to defendants who were
residing abroad. The Court upheld the validity of the service of
The rule in Sec. 14, Rule 14 authorizes summons by summons and stress that the third mode of extraterritorial service
publication in any action and the rule obviously does not was substantially complied with in this case.
distinguish whether the action is in personam, in rem, or
quasi in rem. The tenor of the rule authorizes summons by SERVICE UPON PRISONERS AND MINORS
publication whatever the action may be as long as the
identity of the defendant is unknown or his whereabouts Service of summons upon prisoners
are unknown (Santos v. PNOC Exploration, Corporation, 566
SCRA 272). Service shall be effected upon him by the officer having the
management of such jail or institution who is deemed
SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE deputized as a special sheriff for said purpose (Sec. 9, Rule
PHILIPPINES 14).

If he has residence or place of business in the Philippines, Service of summons upon minors
and because he cannot be served within a reasonable time
because of his absence in the Philippines, this absence Service shall be made upon him personally and on his legal
would now trigger the application of the rule on substituted guardian if he has one, or if none, upon his guardian ad
service of summons (Montalban v. Maximo, 22 SCRA 1070). litem whose appointment shall be applied for by the
plaintiff. In the case of a minor, service may also be made
EXTRA-TERRITORIAL SERVICE, WHEN ALLOWED on his father or mother (Sec. 10, Rule 14).

Requisites of extra-territorial service of summons

1. The defendant is nonresident;


2. He is not found in the Philippines; and
3. The action against him is either in rem or quasi in rem.

UNIVERSITY OF SANTO TOMAS


49 FACULTY OF CIVIL LAW
REMEDIAL LAW
PROOF OF SERVICE claim, third-party
complaint, or
Proof of service complaint-in-
intervention, answer
It shall be made in writing by the server and shall set forth or reply (Sec. 2, Rule
the manner, place, and date of service; shall specify any 6).
papers which have been served with the same; and shall be
sworn to when made by a person other than a sheriff or his CONTENTS AND FORMS OF MOTIONS
deputy (Sec 18, Rule 14).
Contents of a motion
NOTE: Absence in the sheriffs return of a statement about the
impossibility of personal service is not conclusive proof that the 1. The relief sought to be obtained;
service is invalid. The plaintiff may submit proof of prior attempts
2. The ground upon which it is based; and
at personal service during the hearing of any incident assailing the
validity of the substituted service. Also, the impossibility of service
3. If required by the Rules or necessary to prove facts
may be established by evidence (Herrera, 2007). alleged therein, shall be accompanied by supporting
affidavits and other papers (Sec. 3, Rule 15).
Proof of service by publication
Form of motion
1. Affidavit of the printer, his foreman or principal clerk,
business or advertising manager, to which affidavit a It must be in writing except those made in open court or in
copy of the publication shall be attached; and the course of hearing or trial (Sec. 2, Rule 15).
2. Affidavit showing the deposit of a copy of the summons
and order for publication in the post office (Sec. 19, Rule Motion for judgment
14).
GR: Not allowed.
MOTIONS
XPNs: Motion for:
MOTIONS IN GENERAL 1. Judgment on the pleadings;
2. Summary judgment; or
Motion 3. Judgment on demurrer to evidence.

It is an application for relief other than by a pleading (Sec. NOTICE OF HEARING AND HEARING OF MOTIONS
1, Rule 15).
3-Day Notice Rule
Kinds of motions
GR: Service of the copy of motions should be made in such
1. Motion ex parte One which does not require that the a manner as shall ensure its receipt at least 3 days before
parties be heard and which the court may act upon the hearing (Sec. 4, Rule 15).
without prejudicing the rights of the other party (Riano,
2011). XPNs:
2. Litigated motion One which requires parties to be 1. Ex parte motions
heard before a ruling on the motion is made by a court 2. Urgent motions
3. Pro forma motion one which does not satisfy the 3. Motions agreed upon by the parties to be heard on
requirements of the rules and one which will be treated shorter notice or jointly submitted by the parties
as a motion intended to delay the proceedings 4. Motions for summary judgment which must be served
(Marimina Development Corporation v. Flojo, 251 SCRA at least 10 days before its hearing (Regalado, 2012).
87). 5. Non-litigated motions

MOTIONS VERSUS PLEADINGS Contents of notice of hearing

Motion Pleading It shall specify the time and date of the hearing which shall
A motion is an It is a written not be later than 10 days after the filing of the motion and
application for relief statement of the it shall be addressed to the parties concerned (Sec. 5, Rule
other than a pleading respective claims and 15).
(Sec. 1, Rule 15). defenses of the
parties submitted to Hearing of motions
the court for
appropriate Every written motion shall be set for hearing by the
judgment (Sec. 1, Rule applicant except motions which the court may act upon
6). It may be in the without prejudicing the rights of the adverse party (Sec. 4,
form of a complaint, Rule 15).
counterclaim, cross-

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2014 GOLDEN NOTES
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CIVIL PROCEDURE
OMNIBUS MOTION RULE Filing a motion without the required affidavits

GR: All available grounds for objection in attacking a Non- compliance with the requirements of the Rules would
pleading, order, judgment, or proceeding should be invoked reduce the motion to a mere pro- forma motion. A pro
at one time; otherwise, they shall be deemed waived (Sec. forma motion is one which does not satisfy the
8, Rule 15). requirements of the rules and one which will be treated as
a motion intended to delay the proceeding (Marikina
XPNs: Development Corporation v. Flojo, 251 SCRA 87).
1. Lack of jurisdiction over the subject matter;
2. Litis pendentia; Note: A pro- forma motion shall not toll the reglementary period of
3. Res judicata; and appeal (Sec. 2, Rule 37).
4. Prescription (Sec. 1, Rule 9)
Grounds which make the MR pro forma
LITIGATED AND EX-PARTE MOTIONS
1. It was a second MR; or
Litigated motion 2. It did not comply with the rule that a motion must
specify the findings and conclusions alleged to be
It is a motion which affects the substantial rights of the contrary to law or not supported by the evidence; or
parties and is one made with notice to the adverse party to 3. It failed to substantiate the alleged errors; or
give an opportunity to oppose before a ruling on the 4. It merely alleged that the decision in question was
motion is made by the court. A hearing is required (Sec. 4, contrary to law; or
Rule 15). Examples are Motion to dismiss; a motion for 5. The adverse party was not given due notice thereof
judgment on the pleadings and a summary judgment (Riano, 2011).

Non-compliance with service of motion and notice of MOTIONS FOR BILL OF PARTICULARS
hearing
3 options available to the defendant upon receipt of the
The motion will be considered as a mere scrap of paper complaint
which the court has no right to receive and the trial court
has no authority to act upon. Service of a copy of a motion 1. Filing of a motion for bill of particulars
containing a notice of the time and the place of hearing of 2. Filing of a motion to dismiss
that motion is a mandatory requirement, and the failure of 3. Filing of an answer to the complaint (Riano, 2011)
movants to comply with these requirements renders the
motions fatally defective (Vette Industrial Sales Co., Inc. v. Bill of particulars
Cheng, G.R. Nos. 170232-170301, December 5, 2006).
It is a more definite statement consisting of amplification or
Ex-parte motion more particularized outline of a pleading, and being in the
nature of a more specific allegation of the facts recited in
It is one which does not require that the parties be heard the pleading (Sec. 3, Rule 12; Herrera, 2007).
and which the court may act upon without prejudging the
rights of the other party. This kind of motion is not covered Purpose of a bill of particulars
by the hearing requirement of the Rules (Sec. 2, Rule 15;
Riano, 2011). Its purpose is to aid in the preparation of a responsive
pleading. An action cannot be dismissed on the ground that
It is taken for granted at the instance and for the benefit of the complaint is vague or definite (Galeon v. Galeon, G.R.
one party, and without notice to or contestation by any No. L-30380, February 28, 1973).
party adversely affected (Regalado, 2012).
NOTE: The purpose of the motion is not to enable the movant to
NOTE: They are usually permissible in procedural matters and also prepare for trial. Where the movant is to enable him to prepare for
in situations and under circumstances of emergency; and an trial, the appropriate remedy is to avail of the discovery procedures
exception to a rule requiring notice is sometimes made where from Rules 23 to 29 and even of a pretrial under Rule 18 (Riano,
notice of the resulting delay might tend to defeat the objective of 2011).
the motion (Sarmiento v. Zaratan, G.R No. 167471, February 5,
2007). An example is a motion to set the case for a pre-trial Motion for a bill of particulars; when available (2003 Bar
Examination)
PRO-FORMA MOTIONS
Before responding to a pleading, a party may move for a
It is that which does not comply with the rules on motion definite statement or for a bill of particulars of any matter
and is considered as one filed merely to delay the which is not averred with sufficient definiteness or
proceedings (Marikina Development Corp., v. Flojo, G.R. No. particularity to enable him properly to prepare his
110801, December 8, 1995). Such motion, if filed, is not responsive pleading. If the pleading is a reply, the motion
entitled to judicial cognizance, and does not stop the must be filed within 10 days from service thereof (Sec. 1,
running of the period for filing the requisite pleading (Cruz Rule 12).
v. CA, 388 SCRA 72).

UNIVERSITY OF SANTO TOMAS


51 FACULTY OF CIVIL LAW
REMEDIAL LAW
Instances when a bill of particulars is allowed COMPLIANCE WITH THE ORDER AND EFFECT OF NON-
COMPLIANCE
1. When the allegations are indefinite and uncertain that
the nature cannot be understood therefrom; Motion granted
2. When the allegations are so vague that they do not
appear therefrom in what capacity a party sues or If the motion is granted, either in whole or in part, it must
issued; be effected within 10 days from notice of the order, unless
3. When the allegations are uncertain as to time, place, a different period is fixed by the court (Sec. 3, Rule 12).
quantity, title, person, or any other matter required to
be pleaded with certainty; Non-compliance with the order of a bill of particulars
4. When the allegations are faulty in duplication, setting
out two grounds for a single claim; 1. If the order is not obeyed or in case of insufficient
5. When denials are so indefinite and uncertain that it compliance therewith, the court:
cannot be understood what is denied and what is a. May order the striking out of the pleading or the
admitted; portion thereof to which the order is directed; or
6. Particulars of details of computation of bank account b. Make such order as it may deem just (Sec. 4, Rule
were allowed; technicalities are frowned upon; or 12)
7. Conclusions of law deceit, machination, false 2. If plaintiff is disobedient, his compliant will be stricken
pretenses, misrepresentations and threats are off and dismissed (Sec. 3, Rule 17)
conclusions of law and mere allegations thereof without 3. If defendant is disobedient, his answer will be stricken
a statement of the facts to which such terms have off and his counterclaim dismissed, and he will be
references are not sufficient (Herrera, 2007) declared in default upon motion of the plaintiff (Sec. 4,
Rule 17; Sec. 3, Rule 9).
When bill of particulars is improper
Q: Within the period for filing a responsive pleading, the
It is improper on matters: defendant filed a motion for bill of particulars that he set
1. Specified with particularity; for hearing on a certain date. However, the defendant was
2. Within partys knowledge; surprised to find on the date set for hearing that the trial
3. Irrelevant to allegations of complaint; or court had already denied the motion on the day of its
4. Which are more properly ascertainable by discovery filing, stating that the allegations of the complaint were
(Herrera, 2007) sufficiently made.

Filing of bill of particulars 1. Did the judge gravely abuse his discretion in acting on
the motion without waiting for the hearing set for
It may be filed either through a separate or an amended the motion?
pleading (Sec. 3, Rule 12). 2. If the judge grants the motion and orders the plaintiff
to file and serve the bill of particulars, can the trial
Who can avail of motion for bill of particulars judge dismiss the case if the plaintiff does not comply
with the order? (2008 Bar Question)
Both parties can avail of the Motion for Bill of Particulars. It
A: 1. No. Sec. 2, Rule 12 authorizes the court to either deny
is a motion that applies to any pleading which in the
or grant said motion outright or allow the parties an
perception of the movant contains ambiguous allegations opportunity to be heard. The court is not mandated to
(Riano, 2011). conduct a hearing.

Requirements of bill of particulars 2. Yes. Sec. 4, Rule 12 authorizes the court to order the
striking out of the pleading affected, hence the dismissal of
Aside from the requirements for a motion as set forth in the complaint. To the same end is the provision of Sec. 3,
Rule 15, the motion shall point out: Rule 17 when the plaintiff fails to comply for no justifiable
1. The defects complained of cause with any order of the court or with the Rules.
2. The paragraphs wherein they are contained
3. The details desired (Sec 1, Rule 12) EFFECT ON THE PERIOD TO FILE A RESPONSIVE PLEADING

ACTIONS OF THE COURT After service of the bill of particulars or of a more definite
pleading, or after notice of denial of his motion, the moving
Actions of the court regarding the motion for bill of party may file his responsive pleading within the period to
particulars which he was entitled at the time of filing his motion, which
shall not be less than 5 days in any event (Sec. 5, Rule12).
The court may either:
1. Deny it outright
2. Grant it outright
3. Allow the parties the opportunity to be heard (Sec. 2,
Rule 12).

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2014 GOLDEN NOTES
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CIVIL PROCEDURE
MOTION TO DISMISS Res judicata as a ground for dismissal is based on two grounds,
namely: (1) public policy and necessity, which makes it to the
GROUNDS interest of the State that there should be an end to litigation
republicae ut sit litium; and (2) the hardship on the individual of
being vexed twice for the same cause neme debet bis vexari et
Motion to dismiss eadem causa (Fels, Inc. v. Prov. of Batangas, G.R. No. 168557,
February 19, 2007).
GR: A motion must be filed by a party thereto.
7. That the pleading asserting the claim states no cause of
XPNs: action
1. Those cases where the court may dismiss a case motu 8. That the claim or demand set forth in the plaintiff's
proprio (i.e. lack of jurisdiction over the subject matter; pleading has been paid, waived, abandoned, or
litis pendentia; res judicata; and prescription) (Sec. 1, otherwise extinguished;
Rule 9); 9. That the claim on which the action is founded is
2. Failure to prosecute (Sec. 3, Rule 17); and unenforceable under the provisions of the statute of
3. Rule on Summary Procedure (Sec. 4, 1991 Revised Rule frauds;
on Summary Procedure). 10. That a condition precedent for filing the claim has not
been complied with (Sec. 1, Rule 16).
Types of dismissal of actions
NOTE: The enumeration is exclusive.
1. Motion to dismiss before answer under Rule 16;
2. Motion to dismiss under Rule 17 (Upon notice by Averments in the Complaint
plaintiff; upon motion of plaintiff; due to fault of
plaintiff); GR: Averments in the complaint are deemed hypothetically
3. Demurrer to evidence after plaintiff has completed the admitted upon the filing of a motion to dismiss grounded
presentation of his evidence under Rule 33; and on failure to state a cause of action
4. Dismissal of an appeal.
XPNs: A motion to dismiss does not admit the:
Grounds for a motion to dismiss under Rule 16
1. Truth of mere epithets of fraud;
1. That the court has no jurisdiction over the person of 2. Allegations of legal conclusions;
the defending party; 3. An erroneous statement of law;
2. That the court has no jurisdiction over the subject 4. Mere inferences or conclusions from facts not
matter of the claim; stated;
3. That venue is improperly laid; 5. Mere conclusions of law;
4. That the plaintiff has no legal capacity to sue; 6. Allegations of fact the falsity of which is subject
to judicial notice;
NOTE: The issue of the plaintiffs lack of legal capacity to sue 7. Matters of evidence;
cannot be raised for the first time on appeal where the 8. Surplusage and irrelevant matter;
defendant dealt with the former as a party in the proceeding.
9. Scandalous matter inserted merely to insult the
opposing party;
5. That there is another action pending between the
10. Legally impossible facts ;
same parties for the same cause;
11. Facts which appear unfounded by a record
incorporated in the pleading, or by a document
NOTE: Requisites of Litis Pendentia (PRR)
a. Identity of the parties or at least such parties referred to;
representing the same interest in both actions; 12. General averments contradicted by more
b. Identity of rights asserted and reliefs prayed for, specific averments (Tan v. CA, 356 Phil. 555).
being founded on the same facts
c. Identity with respect to the two preceding When to file Motion to Dismiss
particulars, such that any judgment that may be
rendered in the pending case would amount to res GR: It should be filed within the time for but before filing
judicata in the other case (Lim v. Vianzon, G.R. No.
the answer to the complaint or pleading asserting a claim
137187, August3, 2006).
(Sec. 1, Rule 16).
6. That the cause of action is barred by a prior judgment or
XPNs: Even after an answer has been filed, the defendant
by the statute of limitations;
can still file a motion to dismiss, with leave of court, on the
NOTE: Requisites of res judicata: following grounds:
a. The former judgment must be final 1. Lack of jurisdiction over the subject matter of the claim;
b. The court which rendered it has jurisdiction over 2. Litis pendentia;
the subject matter and the parties 3. Res judicata;
c. Judgment must be on the merits 4. Prescription of action; or
d. There must be identity of parties, subject matter 5. Where evidence that would constitute a ground for
and causes of action
dismissal is discovered during the trial.

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53 FACULTY OF CIVIL LAW
REMEDIAL LAW
RESOLUTION OF MOTION The dismissal of the complaint shall be without prejudice to
the prosecution of a counterclaim pleaded in the answer in
3 Courses of Action of the Court the same or separate action (Sec. 6, Rule 16).

1. Dismiss the action or claims; NOTE: Motion to Dismiss is not a Responsive Pleading. It is subject
2. Deny the motion; or to the Omnibus Motion Rule since it must raise all objections
3. Order the amendment of the pleading (Sec. 3, Rule 16). available at the time of the filing thereof.

NOTE: The court shall not defer the resolution of the motion for BAR BY DISMISSAL
the reason that the ground relied upon is not indubitable. In every
case, the resolution shall state clearly and distinctly the reasons Instances when a complaint can no longer be re-filed after
therefor (Ibid.). the court grants a motion to dismiss

REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS 1. Cause of action is barred by prior judgment (Res
DISMISSED judicata)
2. Bar by the statute of limitations (Prescription);
1. If the dismissal is without prejudice-the plaintiff may re- 3. Claim or demand has been paid, waived, abandoned, or
file the complaint. otherwise extinguished; and
2. If the dismissal is with prejudice-the plaintiff may file an 4. Claim is unenforceable under the statute of frauds.
appeal (Riano, 2011).
NOTE: In the 4 instances mentioned, the remedy would be to
REMEDIES OF THE DEFENDANT WHEN THE MOTION IS appeal the dismissal
DENIED
COMPLAINT CAN NO LONGER EXCEPTIONS TO
File an answer within the balance of the period to which he BE RE-FILED OMNIBUS MOTION
was entitled at the time of serving his motion, but not less RULE
than 5days in any event. If the pleading is ordered to be 1. Res judicata 1. Res judicata
amended, he shall file his answer within the period 2. Prescription 2. Prescription
prescribed, unless the court provides a longer period. If 3. Extinguishment of the claim 3. Litis pendentia
decision is adverse, appeal therefrom and raise as error the 4. Unenfocrceability under 4. Lack of
denial of the motion to dismiss. If there is grave abuse of Statute of Frauds jurisdiction over the
discretion amounting to lack or excess of jurisdiction, subject matter
certiorari or prohibition may lie under Rule 65. If there is
unlawful neglect of the performance of an act which the DISTINGUISHED FROM DEMURRER TO EVIDENCE UNDER
law specifically enjoins, mandamus is the proper remedy RULE 33
(Riano, 2011).
Rule 16 (Motion to Dismiss) Rule 33 (Demurrer to
EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN Evidence)
GROUNDS Grounded on Based on insufficiency
preliminary objections of evidence
A complaint may be re-filed after it was dismissed on the May be filed by any May be filed only by the
following grounds and upon compliance with the defending party against defendant against the
requirements to remedy the defect: whom a claim is complaint of the
1. That the court has no jurisdiction over the person of the asserted in the action plaintiff
defending party; Should be filed within May be filed only after
2. That the court has no jurisdiction over the subject the time for but prior to the plaintiff has
matter of the claim; the filing of the answer completed the
3. That venue is improperly laid; of the defending party presentation of his
4. That the plaintiff has no legal capacity to sue; to the pleading asserting evidence (Regalado,
5. That there is another action pending between the same the claim 2012)
parties for the same cause; If denied, defendant If denied, defendant
6. That the pleading asserting the claim states no cause of answers, or else he may may present evidence
action; be declared in default Denial is not appealable
7. That a condition precedent for filing the claim has not (interlocutory)
been complied with
If granted, plaintiff may If granted, but on
WHEN GROUNDS PLEADED AS AFFIRMATIVE DEFENSES appeal or if subsequent appeal the order of
case is not barred, he dismissal is reversed,
If no motion to dismiss has been filed, any of the grounds may re-file the case the defendant loses his
for dismissal provided for in the Rules may be pleaded as an right to present
affirmative defense in the answer and, in the discretion of evidence (Riano, 2011).
the court, a preliminary hearing may be had thereon as if a
motion to dismiss had been filed.

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2014 GOLDEN NOTES
54
CIVIL PROCEDURE
NOTE: A motion to dismiss generally partakes of the nature of a demurrer which hypothetically admits the truth of the factual allegations made in
a complaint (Peltan Dev., Inc. v. CA, G.R. No. 117029, March 19, 1997). However, it is only limited to all material and relevant facts which are well
pleaded in the complaint (De Dios v. Bristol Laboratories, G.R. No. L-25530, January 29, 1974).

DISMISSAL OF ACTIONS

Dismissal upon notice by plaintiff (Sec. Dismissal upon motion of plaintiff (Sec. Dismissal due to fault of plaintiff (Sec.
1, Rule 17) 2, Rule 17) 3, Rule 17)
A complaint may be dismissed by the After service of the answer or a motion 1. If, for no justifiable cause, the plaintiff
plaintiff by filing a notice of dismissal at for summary judgment by the adverse fails to appear on the date of the
any time before service of the answer or party. presentation of his evidence in chief
of a motion for summary judgment. on the complaint.
Upon such notice being filed, the court 2. If the plaintiff fails to prosecute his
shall issue an order confirming the action for an unreasonable length of
dismissal. Unless otherwise stated in the time (nolle prosequi).
notice, the dismissal is without 3. If the plaintiff fails to comply with the
prejudice, except that a notice operates Rules or any order of the court (Sec.
as adjudication upon the merits when 2, Rule 17).
filed by a plaintiff who has once
dismissed in a competent court an NOTE: The plaintiffs failure to appear at the
action based on or including the same trial after he has presented his evidence and
claim. rested his case does not warrant the
dismissal of the case on the ground of failure
to prosecute. It is merely a waiver of his right
to cross-examine and to object to the
admissibility of evidence.
It is a matter of right. Matter of discretion upon the court. A Matter of evidence.
complaint shall not be dismissed at the
GR: A dismissal without prejudice i.e. plaintiff's instance save upon approval GR: Dismissal is with prejudice because
the complaint can be re-filed of the court and upon such terms and it has an effect of an adjudication on the
conditions as the court deems proper merits.
XPNs: (Sec. 2, Rule 17).
1. The notice of dismissal by the plaintiff XPN: Unless otherwise declared by the
provides that the dismissal is with GR:It is a dismissal without prejudice, court (Sec. 3, Rule 17)
prejudice; or
2. The plaintiff has once dismissed in a XPN: If the order of dismissal specifies
competent court an action based on that it is with prejudice (Sec. 2, Rule 17)
or including the same claim (Two-
dismissal rule) (Sec. 1, Rule 17) NOTE:A class suit shall not be dismissed or
3. Even where the notice of dismissal compromised without the approval of the
does not provide that it is with court.
prejudice but it is premised on the
If a counterclaim has been pleaded by a
fact of payment by the defendant of defendant prior to the service upon him of
the claim involved (Serrano v. the plaintiff's motion for dismissal, the
Cabrera, G.R. No. L-5189, September dismissal shall be limited to the complaint.
21, 1953).

NOTE: The dismissal as a matter of right


ceases when an answer or a motion for
summary judgment is served on the plaintiff
and not when the answer or motion is filed
with the court. Thus, if a notice of dismissal is
filed by the plaintiff even after an answer has
been filed in court but before the responsive
pleading has been served on the plaintiff, the
notice of dismissal is still a matter of right.

Since there is no answer yet filed by the GR: It is without prejudice to the right of Dismissal upon motion of the defendant
adverse party, no counterclaim defendant to prosecute his or upon the court's own motion is
recoverable counterclaim in a separate action. without prejudice to the right of the
defendant to prosecute his
XPN: Unless within 15 days from notice counterclaim on the same or separate
of the motion he manifests his action
preference to have his counterclaim
resolved in the same action

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55 FACULTY OF CIVIL LAW
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When notice of dismissal is executory Suppose Rons counterclaim for the unpaid balance is Php
310,000, what will happen to his counterclaims if the court
It is executory as of the date the notice is filed by the dismisses the complaint after holding a preliminary
plaintiff and not the date the court issues the order hearing on Rons affirmative defenses? (2008 Bar
confirming the dismissal because such dismissal by the Question)
plaintiff, if filed before an answer or a motion for summary
judgment has been served upon him, is a matter of right A: The dismissal of the complaint does not involve the
(Riano, 2011). dismissal of the counterclaims of Ron. The rule on the
matter is clear. The dismissal of the complaint shall be
Notice of dismissal as adjudication on the merits without prejudice to the prosecution in the same or
separate action of a counterclaim pleaded in the answer
It operates as an adjudication on the merits when filed by a (Sec. 6, Rule 16). The rule does not make a distinction
plaintiff who has once dismissed in a competent court an between a compulsory and permissive counterclaim. A
action based on or including the same claim (two dismissal similar rule applies under Secs. 2 and 3, Rule 17.
rule) (Sec.1, Rule 17).
PRE-TRIAL
Two-dismissal Rule
Pre-trial
It applies when the plaintiff has:
1. Twice dismissed the actions; It is a procedural device by which the court is called upon,
2. Based on or including the same claim; and after the filing of the last pleading, to compel the parties
3. In a court of competent jurisdiction (Riano, 2011). and their lawyers to appear before it, and negotiate an
amicable settlement or otherwise make a formal statement
DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM OR THIRD- and embody in a single document the issues of fact and law
PARTY COMPLAINT involved in the action, and such other matters as may aid in
the prompt disposition of the action (Herrera, 2007).
Dismissal of counterclaim, cross-claim, or third-party
complaint Conduct of a pre-trial

The rule on the dismissal of a complaint applies to the After the last pleading has been served and filed, it shall be
dismissal of any counterclaim, cross-claim or third-party the duty of the plaintiff to promptly move ex parte that the
claim. A voluntary dismissal by the claimant alone by notice case be set for pre-trial (Sec. 1, Rule 18).
pursuant to Sec. 1, Rule 17 shall be made before a
responsive pleading or a motion for summary judgment is Particularly, the motion is to be filed within 5 days after the
served or, if there is none, before the introduction of last pleading joining has been served and filed
evidence at the trial or hearing (Sec. 4, Rule 17). (Administrative Circular No. 3-99, January 15, 1999).

Effect of Dismissal of Complaint on Counterclaim NOTE: If the plaintiff fails to file a motion within the given
period, the branch clerk of court shall issue a notice of pre-
1. If a counterclaim has already been pleaded by the trial (A.M. No. 03-1-09-SC, July 13, 2004).
defendant prior to the service upon him of the
plaintiffs motion to dismiss, and the court grants the Last Pleading
said motion to dismiss, the dismissal shall be limited to
the complaint since it does not carry with it the The last permissible pleading that a party can file is the
dismissal of the counterclaim (Sec. 2, Rule 17). reply to the answer to the last pleading asserting a claim.
This claim could be the original complaint, the counter-
NOTE: The dismissal shall be without prejudice to the right of claim, cross-claim, or third-party complaint.
the defendant to prosecute his counterclaim.
If an answer is filed and served in response to these claims,
2. The defendant if he so desires may prosecute his the pleading in response to these answers is the reply
counterclaim either in a separate action or in the same (Sarmiento v. Juan, 120 SCRA 403) which is to be filed
action. Should he choose to have his counterclaim within 10 days from the service of the pleading responded
resolved in the same action, he must notify the court of to (Sec. 6, Rule 11).
his preference within 15 days from notice of the
plaintiffs motion to dismiss. NOTE: Where the last pleading has not yet been served and filed,
the case is not yet ready for pre-trial (Pioneer Insurance & Surety
Q: Makee filed a suit for collection of Php 387,000 against Corporation v. Hontanosas, 78 SCRA 439). However, the last
Ron in the RTC of Manila. Aside from alleging payment as pleading need not be literally construed as one having been
a defense, Ron, in his answer, set up counterclaims for served and filed. For purposes of the pleading, the expiration of the
Php 100,000 as damages and P30,000 as attorneys fees as period for filing the last pleading without it having been served and
filed is sufficient (Riano, 2011).
a result of the baseless filing of the complaint, as well as
for the Php 250,000 as the balance of the purchase price
of the 30 units of air conditioners he sold to Makee.

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NATURE AND PURPOSE If all efforts to settle fail, the trial judge shall endeavor to
achieve the other purposes of a pre-trial like, among
Nature of a Pre-trial others, obtaining admissions or stipulations of fact. To
obtain admissions, the judge shall ask the parties to submit
It is mandatory (Sec. 2, Rule 18). whatever depositions have been taken under Rule 23, the
answers to written interrogatories under Rule 25 and the
NOTE: A motion to set the case for pre-trial is an ex parte motion. answers to request for admissions by the adverse party
This means that the motion need not be the subject of a hearing under Rule 26. He may also require the production of
(Riano, 2011). documents or things requested by a party under Rule 37
and the results of the physical and mental examination of
Duty to file persons under Rule 28 (A.M. No. 03-1-09-SC, July 13, 2004).

After the last pleading has been served and filed, it shall be One Day Examination of Witness Rule and Most Important
the duty of the plaintiff to promptly move ex parte that the Witness Rule
case be set for pre-trial (Sec. 1, Rule 18).
In the pre-trial, the court shall ask the parties to agree on
NOTE: If the plaintiff does not file a motion to set the case for pre-
the specific dates for continuous trial, adhere to the case
trial five days after the last pleading has been served and filed, the
Clerk of Court is authorized to give to the parties a notice of pre- flow chart determined by the court and use the time frame
trial. There will be no delay in the case because the Clerk of Court for each stage setting the trial dates. Adherence to the One
will take over (A.M. 03-1-09-SC, July 13, 2004). Day Examination of Witness Rule shall be required where
the witness shall be fully examined in 1 day only, subject to
Pre-trial Conference the courts discretion during the trial on whether or not to
extend the examination for justifiable reasons.
During the pre-trial, the judge shall be the one to ask
questions on issues raised by the parties and all questions Where no settlement has been effected, the court shall
or comments by counsel or parties must be directed to the follow the Most Important Witness Rule, where the court
judge. The purpose of this is to avoid hostilities between shall determine the most important witnesses and limit the
the parties (A.M. No. 03-109-SC, July 13, 2004). number of such witnesses and require the parties and/or
counsels to submit to the branch clerk of court the names,
Purposes of Pre-trial addresses and contact numbers of the witnesses to be
summoned by subpoena. Note however, that the court may
The court shall consider the following purposes: also refer the case to a trial by commissioner under Rule 32
1. Possibility of an amicable settlement or of a (A.M. No. 03-109-SC, July 13, 2004).
submission to alternative modes of dispute
resolution; NOTICE OF PRE-TRIAL
2. Simplification of the issues;
3. Necessity or desirability of amendments to the Service of notice of pre-trial
pleadings;
4. Possibility of obtaining stipulations or admissions of It shall be served on counsel, or on the party who has no
facts and of documents to avoid unnecessary proof; counsel. The counsel served with such notice is charged
5. Limitation of the number of witnesses; with the duty of notifying the party represented by him
6. Advisability of a preliminary reference of issues to a (Sec. 3, Rule 18).
commissioner;
7. Propriety of rendering judgment on the pleadings, or NOTE: Sending a notice of pre-trial stating the date, time and place
summary judgment, or of dismissing the action of pre-trial is mandatory. Its absence will render the pre-trial and
subsequent proceedings void. This must be so as part of a partys
should a valid ground therefore be found to exist;
right to due process. With due notice of the proceedings, the fate
8. Advisability or necessity of suspending the of a party adversely affected will not be judged ex parte and he will
proceedings; and have the opportunity to confront the opposing party (Agulto v.
9. Such other matters as may aid in the prompt Tecson, G.R. No. 145276)
disposition of the action (Sec. 2, Rule 18).
Non-compliance with service of notice of pre-trial
Effect of failure of the parties to settle the case during Pre-
trial Proceeding If no notice of pre-trial is served, all the proceedings at the
pre-trial et seq. are null and void. Hence, the absence of the
The judge should not allow the termination of a pre-trial requisite notice of pre-trial to the defendants counsel (or
simply because of the manifestation of the parties that they to the defendant himself, in case he has no counsel)
cannot settle the case. Instead, he should expose the nullifies the order allowing the plaintiff to present his
parties to the advantages of pre-trial. He must also be evidence ex parte (Ibid.).
mindful that there are important aspects of the pre-trial
that ought to be taken up to expedite the disposition of the
case (Ramos v. Spouses Lavendia, G.R No. 176706; Riano,
2011).

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57 FACULTY OF CIVIL LAW
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APPEARANCE OF PARTIES; EFFECT OF FAILURE TO APPEAR PRE-TRIAL BRIEF, EFFECT OF FAILURE TO FILE

Appearance of parties at pre-trial When filed

Both the parties and their counsel must appear (Sec. 4, Rule The parties shall file their respective pre-trial briefs in such
18). a manner as shall ensure their receipt thereof at least 3
days before the date of the pre-trial (Sec. 6, Rule 18).
Failure to appear during pre-trial (1992 Bar Question)
Contents of a pre-trial brief
Plaintiffs failure to appear during the pre-trial shall be a
cause for dismissal of the action, with prejudice, unless 1. A statement of their willingness to enter into amicable
otherwise ordered by the court. Defendants non- settlement or alternative modes of dispute resolution,
attendance during the pre-trial shall be a cause to allow the indicating the desired terms thereof;
plaintiff to present evidence ex parte and the court to 2. A summary of admitted facts and proposed stipulation
render judgment on the basis thereof (Sec. 5, Rule 18). of facts;
3. The issues to be tried or resolved;
NOTE: The plaintiff can appeal from the order of dismissal. 4. The documents or exhibits to be presented, stating the
Accordingly, it is only when the order of dismissal is without purpose thereof;
prejudice that the remedy is to re-file the complaint [Sec. 1(g), Rule 5. A manifestation of their having availed or their
41.]
intention to avail themselves of discovery procedures or
The defendant may move for the reconsideration of the order and referral to commissioners; and
if the denial is tainted with grave abuse of discretion, he may file a 6. The number and names of the witnesses, and the
petition for certiorari(Riano, 2011). substance of their respective testimonies and the
approximate number of hours that will be required by
When non-appearance of a party in a pre-trial conference the parties for the presentation of their respective
excused witnesses (Sec. 6, Rule 18).

1. If a valid cause is shown therefore; or Legal effect of representations and statements in the Pre-
2. If a representative shall appear in his behalf fully trial Brief
authorized in writing to:
a. enter into an amicable settlement; The parties are bound by the representations and
b. submit to alternative modes of dispute statements in their pre-trial. Hence, such representations
resolution; and and statements are in the nature of judicial admissions in
c. enter into stipulations or admissions of facts and relation to Sec. 4, Rule 129.
of documents (Sec. 4, Rule 18)
Effect of Failure to file a Pre-trial Brief
NOTE: The phraseology of the provision suggests that it is not
sufficient for the written authority to give to the representative the It shall have the same effect as failure to appear at the pre-
power to enter into one of the matters mentioned in Sec. 4 of Rule trial (A.M. No. 03-1-09-SC, July 13, 2004). Hence, if it is the
18, as when the only authority granted is to enter into amicable plaintiff who fails to file a pre-trial brief, such failure shall
settlement. The authority must also confer upon the
be a cause for dismissal of the action. If it is the defendant
representative the power to enter into alternative modes of
dispute resolution and stipulations and admissions of fact. An who fails to do so, such failure shall be a cause to allow the
incomplete authority does not satisfy the requirements of the plaintiff to present his evidence ex parte.
Rules and should be deemed the equivalent of having no authority
at all. Further, the mere presentation of such written authority is NOTE: The dismissal of the complaint for failure to file pre-trial
not sufficient, but must be complemented by a showing of valid brief is discretionary on the part of the trial court (Ramos v.
cause for the non-appearance of the party himself (Riano, 2011). Spouses Lavendia, G.R. No. 176706, October 8, 2008).

The authority to submit to ADR, which includes arbitration, is not Pre-trial Order
complied with by a mere special power to compromise since a
special power to compromise does not authorize submission to An order issued by the court upon termination of the pre-
arbitration (Art. 1880, NCC). Moreover, the written authority must
trial. Under A.M. No. 03-109-SC, the pre-trial order shall be
be in the form of special power of attorney. Entering into an
amicable settlement for a client who is the principal in the issued within 10 days after termination of the pre-trial.
attorney-client relationship involves entering into a compromise.
Substantive law is explicit: Special power of attorney is necessary Contents of a Pre-trial Order
to compromise, and to submit questions to arbitration. Procedural
rules likewise prohibit an attorney to compromise his clients The order recites in detail the following:
litigation without a special authority (Ibid.). 1. The matters taken up in the conference;
2. The actions taken thereon;
3. The amendments allowed to the pleadings;
4. The agreements or admissions made by the parties as
to any matters considered.

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CIVIL PROCEDURE
NOTE: These admissions embodied in the pre-trial order are 2. Court-Annexed Mediation
binding upon the parties and conclusive upon them. 3. Appellate Court Mediation
4. Judicial Dispute Resolution
DISTINCTION BETWEEN PRE-TRIAL IN CIVIL CASE AND PRE- 5. Katarungang Pambarangay Law
TRIAL IN CRIMINAL CASE
State Policy in ADR
Pre-trial in civil case Pre-trial in criminal case
It is set when the plaintiff It is ordered by the court The state policy in ADR is to actively promote party
moves ex parte to set the and no motion to set the autonomy in the resolution of disputes or the freedom of
case for pre-trial (Sec. 1, case for pre-trial is required the parties to make their own arrangements in resolving
Rule 18). from either the prosecution their disputes (Sec. 2, RA 9285).
or the defense (Sec. 1, Rule
118). Constitutional basis of ADR
The motion to set the case The pre-trial is ordered by
for pre-trial is made after the court after arraignment The State shall promote the principle of shared
the last pleading has been and within 30 days from the responsibility between workers and employers and the
served and filed (Ibid.). date the court acquires preferential use of voluntary modes in settling disputes,
jurisdiction over the person including conciliation, and shall enforce their mutual
of the accused (Ibid.). compliance therewith to foster industrial peace [Sec. 3(2),
It considers the possibility It does not include the Art. XIII, 1987 Constitution].
of an amicable settlement possibility of amicable
as an important objective settlement of criminal Alternative Dispute Resolution System
[Sec 2(a), Rule 118]. liability as one of its
purposes (Ibid.). It means any process or procedure used to resolve a
Requires the proceeding All agreements or dispute or controversy, other than by adjudication of a
during the preliminary admissions made or entered presiding judge of a court or an officer of a government
conference to be recorded during the pre-trial agency in which a neutral third party participates to assist
in the minutes of conference shall be reduced in the resolution of issues, which includes arbitration,
preliminary conference to in writing and signed by mediation, conciliation, early neutral evaluation, mini-trial,
be signed by both parties both the accused and or any combination thereof [Sec.3 (a), RA No. 9285].
and/or counsel. The rule counsel, otherwise, they
NOTE: Its purposes are to:
allows either the party or cannot be used against the 1. Actively promote party autonomy in the resolution of
his counsel to sign the accused (Sec. 2, Rule 18). disputes or the freedom of the parties to make their own
minutes (A.M. No. 03-1-09- arrangements to resolve their disputes;
SC). 2. Achieve speedy and impartial justice; and
Sanctions for non- The sanctions in a criminal 3. Unclog court dockets.
appearance in a pre-trial case are imposed upon the
are imposed upon the counsel for the accused or Cases in which the ADR law does NOT apply
plaintiff and the defendant the prosecutor (Sec. 3, Rule
in a civil case (Sec. 4, Rule 18). 1. Labor disputes covered by the LC
18). 2. The civil status of persons
It is specifically required to It is not specifically required 3. The validity of marriage
be submitted in a civil case in a criminal case. 4. Any ground for legal separation
(Sec. 6, Rule 18). 5. The jurisdiction of courts
6. Future legitime
Alternative Dispute Resolution Act of 2004 (RA 9285) and 7. Criminal liability
Special Rules of Court on Alternative Dispute Resolution 8. Those which by law cannot be compromised
(A.M. No. 07-11-08-SC)

Other modes of solving disputes aside from an adversarial


proceeding before the court

1. Alternative Dispute Resolution (ADR)


a. Arbitration
i. Domestic Arbitration
ii. Construction Disputes
iii. International Commercial Arbitration
b. Mediation
c. Conciliation
d. Early Neutral Evaluation
e. Mini-trial

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59 FACULTY OF CIVIL LAW
REMEDIAL LAW
Different modes of ADR

Arbitration Mediation Conciliation Early Neutral Mini-Trial


Evaluation
Definition It is a voluntary It is a voluntary process It is a process It is a process It is a structured
dispute resolution in which an impartial whereby the wherein parties dispute
process in which and neutral third party parties request a and their lawyers resolution
one or more (mediator), selected by third person or are brought method in which
arbitrators, the disputing parties, persons to assist together early in a the merits of a
appointed in facilitates them in their pre-trial phase to case are argued
accordance with the communication and attempt to reach present before a panel
agreement of the negotiation, and assists an amicable summaries of comprising of
parties, or rules the parties in reaching settlement of their their cases and senior decision
promulgated a voluntary agreement dispute arising out receive a non- makers with or
pursuant to RA regarding a dispute. of or relating to a binding without the
9285, resolve a contractual or assessment by an presence of a
dispute by other legal experienced, neutral third
rendering an award. relationship [Art. neutral person, person after
It results in the 1(3), UNCITRAL with expertise in which the
adjudication of a Model Law on the subject or the parties seek a
dispute. Conciliation]. substance of the negotiated
dispute. settlement.
Functions Arbitrator acts as Mediator does not A conciliator Early neutral Panel renders a
out-of-court judge render an award but participates only Evaluator assesses decision based
and settles the only arranges the facts in the preliminary or reviews the on the merits of
dispute extra- to be negotiated so steps of facilitating issues submitted the arguments
judicially. that parties can come discussion by the parties and of the parties.
to a compromise between the tenders its
He makes a agreement. parties and helps evaluation which
determination of them frame the is non-binding.
the facts and He assists the parties in issues for
applies the law to reaching a mutually discussion.
those facts to agreeable settlement of
resolve a dispute their dispute through
independently of direct negotiations. He
the actual result actively participates in
desired by the resolving the dispute,
parties. and then gives an
opinion.
Effect of The award may be The decision or opinion He does not render The assessment is It need not be
decision final and binding if is not binding on the a decision. The not binding upon confirmed by
so agreed by the parties. It is dispute is left to be the parties. the courts.
parties and to be recommendatory in settled by the
executory, it must nature. The mediator parties
first be confirmed merely suggests a themselves.
by the RTC. solution to the dispute.

Arbitration Remedy of a party in case of violation of an Arbitration


agreement
Form of an Arbitration agreement
A party to a pending action filed in violation of the
A contract to arbitrate a controversy thereafter arising arbitration agreement, whether contained in an arbitration
between the parties, as well as a submission to arbitrate an clause or in a submission agreement, may request the court
existing controversy shall be in writing and subscribed by to refer the parties to arbitration in accordance with such
the party sought to be charged, or by his lawful agent (Sec. agreement (Rule 4.1, A.M. No. 07-11-08-SC).
4, RA 876).

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When Request to the Court is made The court may, however, issue an order directing the
inclusion in arbitration of those parties who are not bound
If the arbitration agreement exists (arbitration clause) by the arbitration agreement but who agree to such
before the action is filed, the request for referral shall be inclusion provided those originally bound by it do not
made not later than the pre-trial conference. After the pre- object to their inclusion (Rule 4.7, Ibid.).
trial conference, the court will only act upon the request for
referral if it is made with the agreement of all parties to the
case. If there is no existing arbitration agreement at the Summons NOT required under the Special ADR Rules
time the case is filed but the parties subsequently enter
into an arbitration agreement (submission agreement), The technical rules on service of summons do not apply to
they may request the court to refer their dispute to the proceedings under the Special ADR Rules. A court
arbitration at any time during the proceedings (Rule 4.2 acquires authority to act on the petition or motion upon
Ibid.). proof of jurisdictional facts, i.e., that the respondent was
furnished a copy of the petition and the notice of hearing.
Arbitral award may be made upon issues already The burden of showing that a copy of the petition and the
submitted before the Court notice of hearing were served on the respondent rests on
the petitioner. In instances where the respondent, whether
Despite the pendency of the action referred to in Rule 4.1, a natural or a juridical person, was not personally served
above, arbitral proceedings may nevertheless be with a copy of the petition and notice of hearing in the
commenced or continued, and an award may be made, proceedings, the method of service resorted to must be
while the action is pending before the court(Rule 4.8,Ibid.). such as to reasonably ensure receipt thereof by the
respondent to satisfy the requirement of due process (Rule
Requirements for referral of a dispute to Arbitration 1.9, Ibid.).

The request for referral shall be in the form of a motion,


which shall state that the dispute is covered by an Remedy of the aggrieved party after the dispute is
arbitration agreement. Apart from other submissions, the referred by the Court to Arbitration and in case of denial
movant shall attach to his motion an authentic copy of the of the request for arbitration
arbitration agreement. The request shall contain a notice of
hearing addressed to all parties specifying the date and An order referring the dispute to arbitration shall be
time when it would be heard. The party making the request immediately executory and shall not be subject to a motion
shall serve it upon the respondent to give him the for reconsideration, appeal or petition for certiorari. An
opportunity to file a comment or opposition within 15 days order denying the request to refer the dispute to
from receipt (Rule 4.3, Ibid.). arbitration shall not be subject to an appeal, but may be the
subject of a motion for reconsideration and/or a petition
Grounds for opposition for certiorari (Rule 4.6, Ibid.).

1. There is no agreement to refer the dispute to


arbitration; and/or Remedy in case of failure or Refusal to comply with the
2. The agreement is null and void; and/or Arbitration agreement
3. The subject-matter of the dispute is not capable of
settlement or resolution by arbitration in accordance The party may petition the court for an order directing that
with Sec. 6 of the ADR Act (Rule 4.4, Ibid.) such arbitration proceed in the manner provided for in such
agreement (Sec. 6, RA 876).
Instances which will not prevent the court from referring
the parties to Arbitration

The court shall not decline to refer some or all of the Effect of the Petition filed before commencement of the
parties to arbitration for any of the following reasons: Arbitration proceeding
1. Not all of the disputes subject of the civil action may
be referred to arbitration; Despite the pendency of the petition, the arbitral
2. Not all of the parties to the civil action are bound by proceedings may nevertheless be commenced and
the arbitration agreement and referral to arbitration continued until the rendition of an award, while the issue is
would result in multiplicity of suits; pending before the court (Rule 3.3, A.M. No. 07-11-08-SC).
3. The issues raised in the civil action could be speedily
and efficiently resolved in its entirety by the court
rather than in arbitration;
4. Referral to arbitration does not appear to be the most
prudent action; or
5. The stay of the action would prejudice the rights of the
parties to the civil action who are not bound by the
arbitration agreement.

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61 FACULTY OF CIVIL LAW
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Effect of the Petition filed after commencement of the Principle of Separability of the Arbitration Clause
arbitration proceeding
The Special ADR Rules recognize the principle of
Judicial recourse to the court shall not prevent the arbitral separability of the arbitration clause, which means that said
tribunal from continuing the proceedings and rendering its clause shall be treated as an agreement independent of the
award. The court shall not enjoin the arbitration other terms of the contract of which it forms part. A
proceedings during the pendency of the petition [Rule decision that the contract is null and void shall not entail
3.18(B), Ibid]). ipso jure the invalidity of the arbitration clause (Rule 2.2,
Ibid.).
Should the ruling of the arbitral tribunal declining its
jurisdiction be reversed by the court, the parties shall be Q: Korea Technologies (KOGIES) entered into a contract
free to replace the arbitrators or anyone of them in with PGSMC for the supply and installation of LPG
accordance with the rules that were applicable for the manufacturing plant. The contact was perfected in the
appointment of arbitrator sought to be replaced (Rule Philippines. After the installation of the plant, initial
3.12,Ibid.). operation could not be conducted due to financial
difficulties. PGSMC issued checks for payment but was
Effect of the Rendition of an Arbitral Award before court dishonored. Thus KOGIES threatened to file a criminal case
decides on the petition from the arbitral tribunals against the latter. Hence, PGSMC unilaterally cancelled
preliminary ruling affirming its jurisdiction their contract. KOGIES filed a Complaint for Specific
Performance against PGSMC alleging that it violated Art.
The petition shall become ipso facto moot and academic 15 of their contact by unilaterally rescinding the contract
and shall be dismissed by the RTC however, the dismissal without resorting to arbitration. The arbitration clause in
shall be without prejudice to the right of the aggrieved their contract provides: The award rendered by the
party to raise the same issue in a timely petition to vacate arbitrators shall be final and binding upon both parties
or set aside the award (Rule 3.21, Ibid.). concerned. Is the stipulation valid?

Order of the court referring the dispute to arbitration A: Yes. The law of the place where the contract is made
appealable governs. Therefore, our laws ought to govern. Nonetheless,
Art. 2044 of the Civil Code sanctions the validity of mutually
An order referring the dispute to arbitration shall be agreed arbitral clause or the finality and binding effect of an
immediately executory and shall not be subject to a motion arbitral award. Art. 2044 provides, Any stipulation that the
for reconsideration, appeal or petition for certiorari. arbitrators award or decision shall be final is valid, without
However, an order denying the request to refer the dispute prejudice to Arts. 2038, 2039 and 2040.
to arbitration shall not be subject to an appeal, but may be
the subject of a motion for reconsideration and/or a Arts. 2038, 2039 and 2040 above cited refer to instances
petition for certiorari (Rule 4.6, Ibid.). where a compromise or an arbitral award, as applied to Art.
2044, may be voided, rescinded, or annulled, but these
Principle of competence-competence would not denigrate the finality of the arbitral award. The
arbitration clause has not been shown to be contrary to any
The Special ADR Rules recognize the principle of law, morals, or public policy. There is no reason why the
competence-competence, which means that the arbitral arbitration clause should not be respected and complied
tribunal may initially rule on its own jurisdiction, including with by both parties. There are no vices of consent shown
any objections with respect to the existence or validity of in this case (Korea Technologies Co., Ltd. v. Lerma, G.R. No.
the arbitration agreement or any condition precedent to 143581, January 7, 2008).
the filing of a request for arbitration. When a court is asked
to rule upon issue/s affecting the competence or Foreign arbitral awards, while mutually stipulated by
jurisdiction of an arbitral tribunal in a dispute brought parties to be final and binding, NOT immediately
before it, either before or after the arbitral tribunal is enforceable.
constituted, the court must exercise judicial restraint and
defer to the competence or jurisdiction of the arbitral Foreign arbitral awards cannot be implemented
tribunal by allowing the arbitral tribunal the first immediately. Art. 36 of the UNCITRAL Model Law specifies
opportunity to rule upon such issues. Unless the court, the grounds for an arbitral award to be recognized by a
pursuant to aprima facie determination, that the competent court. It can be gleaned that the concept of a
arbitration agreement is null and void, inoperative or final and binding arbitral award is similar to judgments or
incapable of being performed, the court must suspend the awards given by some of our quasi- judicial bodies, like the
action before it and refer the parties to arbitration pursuant NLRC, whose final judgments are stipulated to be final and
to the arbitration agreement (Rules 2.2 & Rule 2.4, Ibid.). binding, but not immediately executory in the sense that
they may still be judicially reviewed, upon the instance of
any party. Therefore, the final foreign arbitral awards are
similarly situated in that they need first to be confirmed by
the RTC. Such arbitration clause does not operate to oust
the court of its jurisdiction (Korea Technologies Ltd. v.
Lerma, G.R. No. 143581, January 7, 2008).

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Period for filing a Petition for the confirmation, vacate the same. Otherwise, the CA retains jurisdiction in
modification or vacation of an award petitions for review or in petitions for certiorari (Insular
Savings Bank v. Far East Bank and Trust Company, G.R. No.
1. For confirmation at any time after the lapse of 30 141818, June 22, 2006).
days from receipt by the petitioner of the arbitral
award, he may petition the court to confirm that
award;

NOTE: A petition to confirm the arbitral award may be filed,


in opposition to a petition to vacate the arbitral award, at any
time after the petition to vacate such arbitral award is filed.
The dismissal of the petition to vacate the arbitral award for
having been filed beyond the reglementary period shall not
result in the dismissal of the petition for the confirmation of
such arbitral award.

2. For correction or modification not later than 30 days


from receipt of the arbitral award, a party may petition
the court to correct/modify that award;

NOTE: A petition to correct an arbitral award may be included


as part of a petition to confirm the arbitral award or as a
petition to confirm that award (Rule 11.2, A.M. No. 07-11-08-
SC).

3. For vacation not later than 30 days from receipt of


the arbitral award, a party may petition the court to
vacate that award.

When to confirm an Arbitral Award

At any time within 1 month after the arbitral award is


made, any party to the controversy subject of arbitration
may file a motion to the court having jurisdiction for an
order confirming the award. The court must grant such
order unless the award is vacated, modified or corrected.
Notice of such motion must be served upon the adverse
party or his attorney (Sec. 23, RA 876).

NOTE: Unless a ground to vacate an arbitral award under Rule 11.5


above is fully established, the court shall confirm the award. An
arbitral award shall enjoy the presumption that it was made and
released in due course of arbitration and is subject to confirmation
by the court. In resolving the petition or petition in opposition
thereto in accordance with these Special ADR Rules, the court shall
either confirm or vacate the arbitral award. The court shall not
disturb the arbitral tribunals determination of facts and/or
interpretation of law (Rule 11.9, A.M. No. 07-11-08-SC).

Remedies against Arbitral Awards

Under Art.2044, NCC, the validity of any stipulation on the


finality of the arbitrators award or decision is recognized.
However, where the conditions described in Arts. 2038,
2039 and 2040 applicable to both compromises and
arbitrations are obtaining, the arbitrators award may be
annulled or rescinded. Consequently, the decision of the
Arbitration Committee is subject to judicial review.

The proper recourse of petitioner from the denial of its


motion for reconsideration by the Arbitration Committee is
to file either a motion to vacate the arbitral award with the
RTC, a petition for review with the CA under Rule 43, or a
petition for certiorari under Rule 65. The RTC will only have
jurisdiction over an arbitral award in cases of motions to

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REMEDIAL LAW
Grounds for vacating an arbitral award v. the grounds for modifying or correcting an arbitral award

Grounds for Vacating an Arbitral Award Grounds for Modifying or Correcting an Arbitral
Award
1. The award was procured by corruption, fraud, or 1. There was an evident miscalculation of figures,
other undue means; or an evident mistake in the description of any
2. There was evident partiality or corruption in the person, thing or property referred to in the
arbitrators or any of them; award;
3. The arbitrators were guilty of misconduct in 2. The arbitrators have awarded upon a matter not
refusing to postpone the hearing upon sufficient submitted to them, not affecting the merits of
cause shown, or in refusing to hear evidence the decision upon the matter submitted;
pertinent and material to the controversy; 3. The award is imperfect in a matter of form not
4. One or more of the arbitrators was disqualified to affecting the merits of the controversy, and if it
act as such and willfully refrained from disclosing had been a commissioner's report, the defect
such disqualifications or of any other misbehavior could have been amended or disregarded by the
by which the rights of any party have been court;
materially prejudiced; 4. To effect the intent of the award and promote
5. The arbitrators exceeded their powers, or so justice between the parties (Sec. 25, RA 876); or
imperfectly executed them, that a mutual, final and 5. Where the arbitrators have omitted to resolve
definite award upon the subject matter submitted an issue submitted for resolution [Rule 11.4(B),
to them was not made (Sec. 24, RA 876). A.M. No. 07-11-08-SC].
6. The arbitration agreement did not exist, or is invalid
for any ground for revocation of a contract, or is
otherwise unenforceable; or
7. A party to arbitration is a minor or a person
judicially declared to be incompetent (Rule 11.4A,
A.M. No. 07-11-08-SC).

NOTE: In deciding the petition to vacate the arbitral award, the


court shall disregard any other ground than those enumerated
above (Rule 11.4 (A), A.M. No. 07-11-08-SC).

International Commercial Arbitration subject-matter of the dispute is most closely


connected; or
Commercial Arbitration c. The parties have expressly agreed that the
subject-matter of the arbitration relates to
A commercial arbitration is that which covers matter arising more than 1 country [Art. 1(3), UNCITRAL
from all relationships of a commercial nature, whether Model Law].
contractual or not. It includes any trade transaction for the
supply or exchange of goods or services, distribution NOTE: If a party has more than one place of business, the place of
agreements, construction of works, commercial business is that which has the closest relationship to the arbitration
representation or agency, factoring, leasing, consulting, agreement; and if a party does not have a place of business,
reference is to be made to his habitual residence [Art. 1(4),
engineering, licensing, investment, financing, banking,
UNCITRAL Model Law].
insurance, joint venture and other forms of industrial or
business cooperation, carriage of goods or passengers by
Q: The arbitration clause in the contract stipulated that
air, sea, rail or road (Sec. 21, RA 9285).
the arbitration must be done in Seoul, Korea, in
accordance with the Commercial Arbitration Rules of
International Arbitration
Korea Arbitration Board, is such stipulation contrary to
public policy?
Arbitration is international if:
1. The parties to an arbitration agreement have, at the
A: The arbitration clause which stipulates that the
time of the conclusion of that agreement, their places
arbitration must be done in Seoul Korea in accordance with
of business in different States; or
the Commercial Arbitration Rules of the KCAB is not
2. One of the following places is situated outside the
contrary to public policy. The Court has sanctioned the
State in which the parties have their places of
validity of arbitration clauses in a catena of cases. In case a
business:
foreign arbitral body is chosen by the parties, the
a. The place of arbitration if determined in, or
arbitration rules of our domestic arbitration bodies would
pursuant to, the arbitration agreement;
not be applied. As signatory to the Arbitration Rules of the
b. Any place where a substantial part of the
UNCITRAL Model Law on International Commercial
obligations of the commercial relationship is
Arbitration of the UNCITRAL in the New York Convention,
to be performed or the place with which the
the Philippines committed itself to be bound by the Model
Law. In doing so, we have incorporated the Model Law in

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RA 9285 (ADR Act of 2004). A pertinent feature of RA 9285, 5. The composition of the arbitral tribunal or the
applying and incorporating the UNCITRAL Model Law, is arbitral procedure was not in accordance with the
Sec. 24 which provides that the RTC does not have agreement of the parties or, failing such agreement,
jurisdiction over disputes that are properly the subject of was not in accordance with the law of the country
arbitration pursuant to an arbitration clause and mandates where the arbitration took place;
the referral to arbitration of such cases (Korea Technologies 6. The award has not yet become binding on the parties
Ltd v. Lerma, G.R. No. 143581, January 7, 2008). or has been set aside or suspended by a court of the
country in which, or under the law of which, that
Enforcement of a foreign arbitral award in the Philippines award was made;
under the Rules of Court on the recognition and 7. The subject matter of the dispute is not capable of
enforcement of foreign judgments (Rule 39) (2007 Bar settlement by arbitration under our laws or the
Question) recognition or enforcement of the award would be
contrary to our public policy. Any other ground raised
Foreign arbitral awards are not enforced as foreign court shall be disregarded by the RTC (Art. 36, UNCITRAL
judgments. They may be enforced under Sec. 44 of RA Model Law); or
9285. Under the said law, the United Nations Convention 8. The recognition or enforcement of the award would
on the Recognition and Enforcement of Foreign Arbitral be contrary to public policy (Rule 12.4, A.M. No. 07-
Awards (1958 New York Convention) shall govern the 11-08-SC).
recognition and enforcement of arbitral awards covered by
the said Convention. The party relying on the award or NOTE: A Philippine court shall not set aside a foreign arbitral award
applying for its enforcement shall file with the RTC the but may refuse its recognition and enforcement on any or all of the
original or authenticated copy of the award and the grounds above (Rule 13.5, A.M. No. 07-11-08-SC).
arbitration agreement. The applicant shall establish that the
country in which foreign arbitration award was made is a
party to the New York Convention. Mediation

A foreign arbitral award, when confirmed by a court of a


foreign country, shall be recognized and enforced as a Mediation
foreign arbitral award and not as a judgment of a foreign
court. A foreign arbitral award, when confirmed by the RTC, It is a voluntary process in which a mediator, selected by
shall be enforced in the same manner as final and the disputing parties, facilitates communication and
executory decisions of courts of law of the Philippines (Sec. negotiation, and assists the parties in reaching a voluntary
44, RA 9285). agreement regarding a dispute [Sec. 3 (q), RA 9285].

NOTE: The recognition and enforcement of a foreign arbitral award Assistance of a lawyer in mediation proceedings
shall be governed by the 1958 New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards and the A party may designate a lawyer or any other person to
Special ADR Rules. The court may, upon grounds of comity and provide assistance in the mediation. A waiver of this right
reciprocity, recognize and enforce a foreign arbitral award made in shall be made in writing by the party waiving it. A waiver of
a country that is not a signatory to the New York Convention as if it participation or legal representation may be rescinded at
were a Convention Award (Rule 13.4, A.M. No. 07-11-08-SC).
any time (Sec. 14, RA 9285).
Refusal of recognition and enforcement of a foreign
Enforcement of a mediated settlement agreement
arbitral award in our jurisdiction
After a successful mediation,
At the request of the party against whom it is invoked, a
1. The mediated settlement agreement shall be prepared
foreign arbitral award may be refused recognition or
by the parties through the assistance of their
enforcement if that party furnishes proof that:
respective counsel, if any, and by the mediator.
1. A party to the arbitration agreement was under some
2. Parties and their respective counsels, if any shall sign
incapacity;
the settlement agreement. The mediator shall certify
2. The said agreement is not valid under the law to
that he/she explained the contents of the settlement
which the parties have subjected it or, failing any
agreement to the parties in a language known to
indication thereon, under the law of the country
them.
where the award was made;
3. If the parties so desire, they may deposit such
3. The party against whom the award is invoked was not
settlement agreement with the appropriate Clerk of
given proper notice of the appointment of an
Court of the RTC of the place where one of the parties
arbitrator or of the arbitral proceedings or was
resides. Where there is a need to enforce the
otherwise unable to present his case;
settlement agreement, a petition may be filed by any
4. The award deals with a dispute not contemplated by
of the parties with the same court, in which case the
or not falling within the terms of the submission to
court shall proceed summarily to hear the petition, in
arbitration, or it contains decisions on matters
accordance with such rules of procedure as may be
beyond the scope of the submission to arbitration;
promulgated by the SC.

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65 FACULTY OF CIVIL LAW
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NOTE: The parties may agree in the settlement agreement that the 2. The movant must show in his motion he
mediator shall become a sole arbitrator for the dispute and shall a. Has an immediate legal interest in the matter in
treat the settlement agreement as an arbitral award which shall be controversy, not merely contingent;
subject to enforcement under RA 876 Arbitration Law
b. Has legal interest in the success of either of the
notwithstanding the provisions of EO 1008 for mediated dispute
outside of the CIAC (Sec. 17, RA 9285). parties in the action;
c. Has legal interest against both parties; or
INTERVENTION d. Is so situated as to be adversely affected by a
distribution or other disposition of the property in
It is a legal proceeding by which a third person is permitted the custody of the court or of an officer thereof
by the court to become a party by intervening in a pending (Sec. 1, Rule 19);
action after meeting the conditions and requirement set by
the Rules of Court. This person who intervenes is one who 3. Intervention will not unduly delay or prejudice the
is not originally impleaded in the action (First Philippine adjudication of the rights of original parties; and
Holdings Corp. v. Sandiganbayan, G.R. No. 88345, February 4. Intervenors rights may not be fully protected in a
1, 1996). separate proceeding (Mabayo Farms, Inc. v. CA, G.R.
140058, August 1, 2002).
NOTE: Intervention is merely optional and permissive (Mabayo
Farms, Inc. v. CA, G.R. No. 140058, August 1, 2002). Hence, the Intervention is NOT an independent proceeding (2000 Bar
court has the full measure of discretion in permitting or disallowing Question)
the same (Yau v. Manila Banking Corporation, G.R. No. 126731, July
11, 2002). In claiming the right to intervene, the intervenor must It is not an independent proceeding but is ancillary and
comply with the requirements laid down by Rule 19 of the Rules of supplemental to an existing litigation. Its purpose is to
Court (Office of the Ombudsman v. Samaniego, G.R. No. 175573,
enable a stranger to an action to become a party to protect
September 11, 2008).
his interest (Santiago Land Development Corporation v. CA,
Intervention v. Interpleader 267 SCRA 79).

NOTE: Denial of a motion to intervene does not constitute res


Intervention Interpleader judicata. The remedy of the intervenor is to file a separate action.
An ancillary action An original action
Proper when the Presupposes that the TIME TO INTERVENE
intervenor has legal plaintiff has no interest
interest in the matter of in the subject matter of Period to intervene
litigation or success of the action or has an
either of the parties, or interest therein, which The motion to intervene may be filed any time before
interest against both or in whole or in part, is rendition of judgment by the trial court. A copy of the
may be adversely not disputed by the pleading-in-intervention shall be attached to the motion
affected by other parties to the and served on the original parties (Sec. 2, Rule 19).
distribution/disposition action
of property in the Procedure for intervention
custody of the court
Defendants are already Defendants are being 1. The intervenor shall file a motion for intervention
original parties to the sued precisely to attaching thereto his pleading-in-intervention. The
pending suit implead them following are the pleadings to be filed depending upon
(Regalado, 2012). the purpose of the intervention:
a. If the purpose is to assert a claim against either or
Factors in the approval of a motion to intervene all of the original parties The pleading shall be
called a complaint-in-intervention.
1. Whether or not the intervention will unduly delay or b. If the pleading seek to unite with the defending
prejudice the adjudication of the rights of the original party in resisting a claim against the latter File
parties; and an answer-in-intervention (Sec. 3, Rule 19).
2. Whether or not the intervenors right may be duly 2. The motion and the pleading shall be served upon the
protected in a separate proceeding (Albano, 2010). original parties.
3. The answer to the complaint-in-intervention shall be
REQUISITES FOR INTERVENTION filed within 15 days from notice of the order admitting
the same, unless a different period is fixed by the
1. There must be a motion for intervention filed before courts (Sec.4, Rule 19).
rendition of judgment by the trial court (Sec. 1, Rule
19); NOTE: A change in theory of the defense is not a proper
intervention. Intervention should not alter the theory of both
NOTE: A motion is necessary because leave of court is parties.
required before a person may be allowed to intervene (Sec. 1,
Rule 19).

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When to file an Answer to a complaint-in-intervention matter is undisputed, a denial of a motion to intervene is an
injustice (Mago v. CA, 303 SCRA 600).
It shall be filed within 15 days from notice of the order
admitting the same, unless a different period is fixed by the SUBPOENA
court (Sec. 4, Rule 19).
Subpoena
Intervention be allowed after judgment has been
rendered by the court (1991 Bar Question) Itis a process directed to a person requiring him to attend
and to testify at the hearing or the trial of an action, or at
GR: After rendition of judgment, a motion to intervene is any investigation conducted under the laws of the
barred, even if the judgment itself recognizes the right of Philippines, or for taking of his deposition (Sec. 1, Rule 21).
the movant.The motion to intervene must be filed at any
NOTE: Subpoena is a Latin term which literally means under the
time beforerendition of judgmentby the trial court (Sec. 2,
pain of penalty.
Rule 19). Hence, intervention after trial and decision can no
longer be permitted (Yau v.Manila Banking Corporation,
Subpoena v. Summons
G.R. No. 126731, July 11, 2002).
Subpoena Summons
XPNs:
1. With respect to indispensable parties, intervention An order to appear and Writ notifying of action
may be allowed even on appeal (Falcasantos v. testify at the hearing or brought against
Falcasantos, G.R. No. L-4627, May 13, 1952); for taking deposition defendant (Cano-
2. When the intervenor is the Republic (Lim v. Pacquing, (Albano, 2010) Gutierrez v Gutierrez,
G.R. No. 115044, January 27, 1995); 341 SCRA 670)
May be served to a non- Served on the
NOTE: Prescription does not lie against the State. The State is party defendant
not estopped by the inaction or mistakes of its agents. Needs tender of Does not need tender
kilometrage, attendance of kilometrage and
3. Where necessary to protect some interest which fee and reasonable cost other fees
cannot otherwise be protected, and for the purpose of of production fee
preserving the intervenors right to appeal (Pinlac v. (Albano, 2010)
CA, G.R. No. 91486, September 10, 2003); or
4. May be allowed during the pendency of the appeal, SUBPOENA DUCES TECUM
where the interest of justice so requires (Tahanan Dev.
Corp. v. CA, G.R. No. L-55771, November 15, 1982). Aprocess directed to a person requiring him to bring with
him any books, documents, or other things under his
REMEDY FOR THE DENIAL OF MOTION TO INTERVENE control (Sec. 1, Rule 21).

Mandamusfrom the Order of the court allowing or SUBPOENA AD TESTIFICANDUM


disallowing intervention
Subpoena ad testificandum
GR: Not proper. The granting or refusal of a motion to
intervene is a matter of judicial discretion, and once It is a process directed to a person requiring him to attend
exercised, the decision of the court cannot be reviewed or and to testify at the hearing or trial of an action or at any
controlled by mandamus, however, erroneous it may be investigation conducted by competent authority or for the
(Otto Gmur, Inc. v. Revilla, 55 Phil. 627; Feria & Noche, taking of his deposition (Sec. 1, Rule 21).
2001).
Issuance of a Subpoena against a witness who refuses to
XPN: When there is an arbitrary abuse of that discretion, in execute a judicial affidavit
which case mandamus may issue if there is no other
adequate remedy, though the result is that the court will be If the government employee or official, or the requested
called upon to review the exercise of a discretionary power witness, who is neither the witness of the adverse party nor
(Ibid.). a hostile witness, unjustifiably declines to execute a judicial
affidavit or refuses without just cause to make the relevant
NOTE: A courts power to allow or deny intervention is books, documents, or other things under his control
circumscribed by the basic juridical procedure that only a person available for copying, authentication, and eventual
with interest in an action or proceeding may be allowed to production in court, the requesting party may avail himself
intervene. A court has no authority to allow a person, who has no
of the issuance of a subpoena ad testificandum or duces
interest in an action or proceeding, to intervene (Anonuevo v.
Intestate Estate of Jalandoni, 636 SCRA 440). tecum under Rule 21 of the Rules of Court. The rules
governing the issuance of a subpoena to the witness in this
This discretion, however, must be exercised judiciously and only case shall be the same as when taking his deposition except
after consideration of all the circumstances obtaining in the case. that the taking of a judicial affidavit shall be understood to
Thus, where substantial interest of the movant in the subject be ex parte (Sec. 5, A.M. No. 12-8-8-SC).

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SERVICE OF SUBPOENA When a subpoena is issued by or on behalf of the Republic of the
Philippines or an officer or agency thereof, the tender need not be
Issuance of subpoena made (Ibid.).

1. The court before whom the witness is required to Rationale for service of subpoena
attend;
2. The court of the place where the deposition is to be The service must be made so as to allow the witness a
taken; reasonable time for preparation and travel to the place of
3. The officer or body authorized by law to do so in attendance (Ibid.).
connection with investigations conducted by said
officer or body; or COMPELLING ATTENDANCE OF WITNESSES; CONTEMPT
4. Any Justice of the SC or of the CA in any case or
investigation pending within the Philippines (Sec. 2, Effect of failure to comply with subpoena
Rule 21).
GR: The court or judge which issued the subpoena may
Rule when application for subpoena to a prisoner is made issue a warrant for the arrest of the witness and make him
pay the cost of such warrant and seizure, if the court should
The judge or officer shall examine and study carefully such determine that his disobedience was willful and without
application to determine whether the same is made for a just cause. The refusal to obey a subpoena without
valid purpose and no prisoner sentenced to death, reclusion adequate cause shall be deemed contempt of the court
perpetua or life imprisonment and is confined in prison issuing it (Secs. 8 and 9, Rule 21).
shall be brought outside the said penal institution for
appearance or attendance in any court unless authorized by XPNs:
the SC (Sec. 2, Rule 21). 1. Viatory right - where the witness resides more than
100 kms. from his residence to the place where he is
Contents of subpoena to testify by the ordinary course of travel, generally, by
overland transportation or
It shall state the name of the court and the title of the 2. When the permission of the court in which the
action or investigation, shall be directed to the person detention prisoners case is pending was not obtained
whose attendance is required, and in the case of a (Sec. 10, Rule 21).
subpoena duces tecum, it shall also contain a reasonable
description of the books, documents or things demanded QUASHING OF SUBPOENA
which must appear to the court prima facie relevant (Sec. 3,
Rule 21). Grounds how to quash subpoena

Rule on subpoena for depositions Subpoena duces tecum: Upon motion promptly made and,
in any event, at or before the time specified therein:
Proof of service of a notice to take a deposition, as 1. If it is unreasonable and oppressive, or
provided in Secs. 15 and 25, Rule 23, shall constitute 2. The relevancy of the books, documents or things does
sufficient authorization for the issuance of subpoenas for not appear, or
the persons named in said notice by the clerk of the court 3. If the person in whose behalf the subpoena is issued
of the place in which the deposition is to be taken. The fails to advance the reasonable cost of the production
clerk shall not, however, issue a subpoena duces tecum to thereof (Sec. 4, Rule 21).
any such person without an order of the court (Sec. 5, Rule 4. That the witness fees and kilometrage allowed by the
21). Rules were not tendered when the subpoena was
served
Service of subpoena
Subpoena ad testificandum:
It shall be made in the same manner as personal or 1. That the witness is not bound thereby.
substituted service of summons (Sec. 6, Rule 21). 2. That the witness fees and kilometrage allowed by the
Rules were not tendered when the subpoena was
The original shall be exhibited and a copy thereof delivered served (Sec. 4, Rule 21).
to the person on whom it is served, tendering to him the
fees for one days attendance and the kilometrage allowed MODES OF DISCOVERY
by the Rules. If the subpoena is duces tecum, the
reasonable cost of producing the books, documents or Discovery
things demanded shall also be tendered (Ibid.).
It is a device employed by a party to obtain information
NOTE: Service of a subpoena shall be made by the sheriff, by his about relevant matters on the case from the adverse party
deputy, or by any other person specially authorized, who is not a in preparation for the trial (Riano, 2011).
party and is not less than 18 years of age (Ibid.).
NOTE: As contemplated by the Rules, the device may be used by all
the parties to the case (Ibid.).

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CIVIL PROCEDURE
Purposes of the Rules of Discovery NOTE: The modes of discovery are designed to serve as an
additional device aside from a pre-trial, to narrow and clarify the
1. To enable a party to obtain knowledge of material basic issues between the parties, to ascertain the facts relative to
the issues and to enable the parties to obtain the fullest possible
facts within the knowledge of the adverse party or of
knowledge of the issues and facts before civil trials and thus
third parties through depositions; prevent the said trials to be carried on in the dark. It is intended to
2. To obtain knowledge of material facts or admissions make certain that all issues necessary to the disposition of a case
from the adverse party through written are properly raised (Tinio v. Manzano, 307 SCRA 460).
interrogatories;
3. To obtain admissions from the adverse party regarding Limitations
the genuineness of relevant documents or relevant
matters of fact through requests for admissions; 1. Those matters which are privileged;
4. To inspect relevant documents or objects, and lands or 2. Those under protection order;
other property in the possession and control of the 3. The modes of discovery must not be conducted in bad
adverse party; and faith.
5. To determine the physical or mental condition of a
party when such is in controversy (Koh v. IAC, 144
SCRA 259).

Modes of Discovery

Deposition pending action(Rule 23) By leave of court after jurisdiction has been obtained over any defendant or
over property which is the subject of the action, or without such leave after an
answer has been served, the testimony of any person, whether a party or not,
may be taken, at the instance of any party, by deposition upon oral examination
or written interrogatories.
Depositions Before Action or Pending Appeal A person who desires to perpetuate his own testimony or that of anotherperson
(Rule 24) regarding any matter that may be cognizable in any court of the Philippines,
may file a verified petition in the court of the place of the residence of any
expected adverse party
Written Interrogatories to adverse parties Under the same conditions specified in Sec. 1, Rule 23, any party desiring to
(Rule 25) elicit material and relevant facts from any adverse parties shall file and serve
upon the latter written interrogatories to be answered by the party served or, if
the party served is a public or private corporation or a partnership or
association, by any officer thereof competent to testify in its behalf.
Admission by adverse party (Rule 26) At any time after issues have been joined, a party may file and serve upon any
other party a written request for the admission by the latter of the genuineness
of any material and relevant document or of the truth of any material and
relevant matter of fact.
Production or inspection of documents or Upon motion of any party showing good cause therefor, the court in which an
things (Rule 27) action is pending may order any party to produce and permit the inspection and
copying of any designated documents or order any party to permit entry upon
designated land or other property in his possession or control for the purpose of
inspecting or photographing the property or any designated relevant object or
operation thereon.
Physical and mental examination of persons In an action in which the mental or physical condition of a party is in
(Rule 28) controversy, the court in which the action is pending may in its discretion order
him to submit to a physical or mental examination by a physician.

NOTE: The modes of discovery are cumulative. They are not alternative nor mutually exclusive.

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69 FACULTY OF CIVIL LAW
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DEPOSITIONS PENDING ACTION; DEPOSITIONS BEFORE Persons before whom Deposition may be taken
ACTION OR PENDING APPEAL
1. If within the Philippines
MEANING OF DEPOSITION a. Judge;
b. Notary public (Sec. 10, Rule 23); or
Deposition c. Any person authorized to administer oaths, as
stipulated by the parties in writing (Sec. 14, Rule
A deposition is the taking of the testimony of any person, 23).
whether he be a party or not, but at the instance of a party
to the action. This testimony is taken out of court. 2. If outside the Philippines
Deposition may be: a. On notice, before a secretary of embassy or
1. An oral examination legation, consul-general, consul, vice-consul, or
2. Written interrogatories (Sec. 1, Rule 23) consular agent of the Philippines (Sec. 11, Rule
23);
When available b. Before such person or officer as may be
appointed by commission or letters rogatory; or
1. During a pending action (Rule 23) deposition de c. Any person authorized to administer oaths, as
benne esse stipulated by the parties in writing (Sec. 14, Rule
2. Before action or Pending appeal (Rule 24) 23).
deposition in perpetuam rei memoriam
Issuance of letters rogatory or Commission
Rule on necessity of leave of court in taking deposition
They shall be issued only when necessary or convenient, on
1. It is necessary application and notice, and on such terms and with such
a. Before service of an answer but after the direction as are just and appropriate (Sec. 12, Rule 23).
jurisdiction has been acquired over the
defendant or over the property subject of the Commission v. Letters Rogatory
action
b. If the deposition to be taken is that of a prisoner Commission Letters Rogatory
(Sec. 1, Rule 23). Instrument issued by a An instrument sent in the name
2. It is not necessary court of justice or otherand by the authority of a judge
- When an answer has already been served competent tribunal,
or court of another, requesting
directed to a magistrate the latter to cause to be
Effect of substitution of parties by his official
examined, upon interrogatories
designation or to an filed in a case pending before
It does not affect the right to use depositions previously individual by name, the former, a witness who is
taken; and when an action has been dismissed and another authorizing him to take within the jurisdiction of the
action involving the same subject is afterward brought depositions of the
judge or court to whom such
between the same parties or their representatives or witness named therein letters are addressed
successors-in-interest, all depositions lawfully taken and (Dasmarinas Garments, Inc. v.
duly filed in the former action may be used in the latter as if Reyes, et al, G.R. 108229).
originally taken therefor (Sec. 5, Rule 23). Directed to officials of Requests to foreign tribunals
the issuing jurisdiction
Deponent as a witness of the party taking his deposition
Taken in accordance The methods of procedure are
GR: Depositions may be taken for discovery and not with the rules laid down under the control of foreign
necessarily for use as evidence (Feria & Noche, 2001). by the court issuing the tribunal (Dulay v. Dulay, GR No.
commission 158857, November 11, 2005.
XPN: If the deposition or any part thereof is offered in
evidence for any purpose (Sec. 8, Rule 23). NOTE: Letters rogatory may be applied for and issued only after a
commission has been returned unexecuted (Dasmarinas Garments,
XPN to the XPN: Introduction of deposition does not make Inc. v. Reyes, et al, G.R. No. 108229).
the deponent his witness:
Leave of court is not required when the deposition is to be taken
1. If the deposition is used for impeaching or
before a secretary of embassy or legation, consul general, consul,
contradicting the deponent (Sec. 8, Rule 23);or vice-consul or consular agent of the Republic of the Philippines and
2. If the adverse party uses the deposition of the the defendants answer has already been served. However, if the
other party [Sec. 4(b), Rule 23] deposition is to be taken in a foreign country where the Philippines
has no secretary of embassy or legation, consul general, consul,
Rebuttal of a deposition vice-consul or consular agent, it may be taken only before such
person or officer as may be appointed by commission or under
At the trial or hearing, any party may rebut any relevant letters rogatory (Dulay v. Dulay, GR No. 158857, November 11,
2005).
evidence contained in a deposition whether introduced by
him or by any other party (Sec. 9, Rule 23).

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Disqualifications of a deposition officer 8. The court may make any other order which justice
requires to protect the party or witness from
1. One who is related to the deponent within the 6th annoyance, embarrassment, or oppression (Sec. 16,
degree of consanguinity or affinity; Rule 23).
2. An employee or attorney of one of the parties;
3. One who is related to the attorney of the deponent Objections to be noted by the officer upon the deposition
within the same degree or employee of such attorney;
and All objections made at the time of the examination to the:
4. One who is financially interested in the action (Sec. 13, 1. Qualifications of the officer taking the deposition;
Rule 23). 2. Manner of taking the deposition;
3. Evidence presented;
Stipulation in writing for the taking of depositions 4. Conduct of any party; or
5. Any other objection to the proceedings (Sec. 17, Rule
The parties may stipulate in writing as to the person 23).
authorized to administer oaths, as to the time and place,
but not as to the manner of taking depositions which NOTE: A deposition officer has no authority to rule on the
should be in accordance with the rules (Feria & Noche, objection (Herrera, 2007). Evidence objected to shall be taken
2001). subject to the objection, which will be ruled upon by the court
when the deposition is offered in evidence (Feria & Noche, 2001).
Requirement in taking deposition upon oral examination
Option of parties NOT participating in the oral
examination
A party desiring to take the deposition of any person upon
oral examination shall give reasonable notice in writing to
The parties may transmit written interrogatories to the
every other party to the action (Sec. 15, Rule 23).
officers, who shall propound them to the witness and
record the answers verbatim (Sec. 17, Rule 23).
Statement of the notice
Changes which the witness desire to make
It shall state the time and place for taking the deposition
and the name and address of each person to be examined,
Any changes in form or substance shall be entered upon the
if known, and if the name is not known, a general
deposition by the officer with a statement of the reasons
description sufficient to identify him or the particular class
given by the witness for making them (Sec. 19, Rule 23).
or group to which he belongs (Sec. 15, Rule 23).

NOTE: On motion of any party upon whom the notice is served, the Necessity of signing deposition
court may for cause shown enlarge or shorten the time (Ibid.).
GR: It shall be signed by the witness.
Period for the Court to make orders for the protection of
parties and deponents XPN:
1. Parties by stipulation waive the signing;
After notice is served for taking a deposition by oral 2. Witness is ill;
examination, upon motion seasonably made by any party 3. Witness cannot be found;
or by the person to be examined and for good cause shown, 4. Witness refuses to sign (Sec. 19, Rule 23)
the court in which the action is pending may make orders
for the protection of parties and deponents (Sec. 16, Rule Note: If the witness does not sign the deposition, the officer shall
sign it and state on the record the fact of the waiver or of the
23).
illness or absence of the witness or the fact of refusal to sign
together with the reason given therefor, if any, and the deposition
Orders for the protection of parties and deponents may then be used as fully as though signed, unless on a motion to
suppress under Sec. 29 (f), Rule 23, the court holds that the
1. That the deposition shall not be taken; reasons given for the refusal to sign require rejection of the
2. That it may be taken only at some designated place deposition in whole or in part (Sec. 19, Rule 23).
other than that stated in the notice;
3. That it may be taken only on written interrogatories; Period to furnish a copy of the deposition to any party or
4. That certain matters shall not be inquired into; to the deponent
5. That the scope of the examination shall be held with
no one present except the parties to the action and He shall furnish a copy upon payment of reasonable
their officers or counsel; charges therefor (Sec. 22, Rule 23).
6. That after being sealed, the deposition shall be opened
only by order of the court, or that secret processes,
developments, research need not be closed;
7. That the parties shall simultaneously file specified
documents or information enclosed in sealed
envelopes to be opened as directed by the court; or

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71 FACULTY OF CIVIL LAW
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Consequence of Failure to attend by the party giving he expects to elicit from each, and shall ask for an
notice order authorizing the petitioner to take the
depositions of the persons to be examined named in
The court may order the party giving the notice to pay such the petition for the purpose of perpetuating their
other party the amount of the reasonable expenses testimony (Sec.2, Rule 24).
incurred by him and his counsel in so attending, including
reasonable attorneys fees (Sec. 23, Rule 23). Rule on notice and service of depositions before action

Consequence of Failure of a party giving notice to serve The petitioner shall serve a notice upon each person named
subpoena in the petition as an expected adverse party, together with
a copy of the petition, stating that the petitioner will apply
If because of such failure, the witness does not attend, and to the court, at a time and place named therein, for the
if another party attends in person or by counsel because he order described in the petition. At least 20 days before the
expects the deposition of that witness to be taken, the date of the hearing, the court shall cause notice thereof to
court may order the party giving the notice to pay to such be served on the parties and prospective deponents in the
other party the amount of the reasonable expenses manner provided for service of summons (Sec. 3, Rule 24).
incurred by him and his counsel in so attending, including
reasonable attorneys fees (Sec. 24, Rule 23). Contents of the motion for deposition pending appeal

Conduct of deposition upon written interrogatories The motion shall state:


1. The names and addresses of the persons to be
A party desiring to take the deposition of any person upon examined
written interrogatories shall serve them upon every other 2. The substance of the testimony which he expects to
party with a notice stating the name and address of the elicit from each
person who is to answer them and the name or descriptive 3. The reason for perpetuating their testimony (Sec. 7,
title and address of the officer before whom the deposition Rule 24).
is to be taken. Within 10 days thereafter, a party so served
may serve cross-interrogatories upon the party proposing NOTE: If the court finds that the perpetuation of the testimony is
to take the deposition. Within 5 days thereafter, the latter proper to avoid a failure or delay of justice, it may make an order
may serve re-direct interrogatories upon a party who has allowing the depositions to be taken, and thereupon the
depositions may be taken and used in the same manner and under
served cross-interrogatories. Within 3 days after being
the same conditions as are prescribed under Rule 23 (Sec. 7, Rule
served with re-direct interrogatories, a party may serve 24).
recross-interrogatories upon the party proposing to take
the deposition (Sec. 25, Rule 23). USES; SCOPE OF EXAMINATION
NOTE: The duties of the officer under Secs. 17, 19, 20, 21 & 22 of
Persons for whom deposition may be used against
Rule 23 shall also be followed on deposition upon written
interrogatories (Secs. 26 & 27, Rule 23).
Any part or all of the deposition, so far as admissible under
Who shall file a petition for deposition before action the rules of evidence, may be used against:
under Rule 24 1. Any party who was present or represented at the
taking of the deposition; or
Any person who wants to perpetuate his own testimony or 2. One who had due notice of the deposition (Sec. 4, Rule
that of another person regarding any matter that may be 23)
cognizable in any court of the Philippines (Sec. 1, Rule 24).
Uses of depositions
Contents of the petition
1. Contradicting or impeaching the testimony of the
The petition shall be entitled in the name of the petitioner deponent as a witness;
and shall show that: 2. Any purpose by the adverse party where the deponent
1. The petitioner expects to be a party to an action in a is a party; or
court of the Philippines but is presently unable to bring 3. Any purpose by any party if the court finds that:
it or cause it to be brought; (DR. USE)
2. The subject matter of the expected action and his a. The witness is dead
interest therein; b. The witness resides more than 100 kms. from the
3. The facts which he desires to establish by the place of trial or hearing, or is out of the
proposed testimony and his reasons for desiring to Philippines. Unless it appears that his absence
perpetuate it; was procured by the party offering the
4. The names or a description of the persons he expects deposition
will be adverse parties and their addresses so far as c. The witness is unable to testify because of age,
known; and sickness, infirmity or imprisonment
5. The names and addresses of the persons to be
examined and the substance of the testimony which

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d. The party offering the deposition has been unable 3. As to competency or relevancy of evidence
to procure the attendance of the witness by Objections to the competency of witness or the
subpoena competency, relevancy, or materiality of testimony
e. Upon application and notice, that such are not waived by failure to make them before or
exceptional circumstances exist as to make it during the taking of the deposition, unless the
desirable in the interest of justice (Sec. 4, Rule 23) ground, of the objection is one which might have
been obviated or removed if presented at that time.
Dual function of depositions 4. As to oral examination and other particulars Errors
and irregularities occurring at the oral examination in
1. Rule 23 method of discovery, with use on trial not the manner of taking the deposition in the form of
necessarily contemplated the questions or answers, in the oath or affirmation,
2. Rule 24 a method of presenting testimony or in the conduct of the parties and errors of any kind
which might be obviated, removed, or cured if
Use of deposition pending appeal promptly prosecuted, are waived unless reasonable
objection thereto is made at the taking of the
Depositions are taken pending appeal with the view to their deposition.
being used in the event of further proceeding in the court 5. As to form of written interrogatories Objections to
of origin or appellate court (Sec. 7, Rule 24). the form of written interrogatories submitted under
Secs. 25 and 26 are waived unless served in writing
NOTE: The deposition taken under this Rule is admissible in upon the party propounding them within the time
evidence in any action subsequently brought involving the same allowed for serving succeeding cross or other
subject matter (Sec. 6, Rule 24). interrogatories and within 3 days after service of the
last interrogatories authorized.
Scope of the examination of the deponent 6. As to manner of preparation Errors and
irregularities in the manner in which the testimony is
Unless otherwise ordered by the court as provided by Sec. transcribed or the deposition is prepared, signed,
16 or 18, Rule 23, the deponent may be examined certified, sealed, indorsed, transmitted, filed, or
regarding any matter, not privileged, which is relevant to otherwise dealt with by the officer under Secs. 17,
the subject of the pending action, whether relating to the 19, 20 and 26 are waived unless a motion to suppress
claim or defense of any other party, including the: the deposition or some part thereof is made with
1. Existence; reasonable promptness after such defect is, or with
2. Description; due diligence might have been, ascertained (Sec. 29,
3. Nature; Rule 23).
4. Custody;
5. Condition; WHEN MAY TAKING OF DEPOSITION BE TERMINATED OR
6. Location of any books, documents, or other tangible ITS SCOPE LIMITED
things; and
7. The identity and location of persons having knowledge Grounds for termination of deposition
of relevant facts (Sec. 2, Rule 23).
At any time during the taking of the deposition, on motion
WHEN MAY OBJECTIONS TO ADMISSIBILITY BE MADE or petition of any party or of the deponent, and upon
showing that the examination is conducted in:
Grounds for termination of deposition 1. Bad faith;
2. Such manner as unreasonably to annoy, embarrass,
Subject to the provisions of Sec. 29, Rule 23, objection may or oppress the deponent party (Sec. 18, Rule 23); or
be made at the trial or hearing to receiving in evidence any 3. When the constitutional privilege against self-
deposition or part thereof for any reason which would incrimination is invoked by deponent or his counsel
require the exclusion of the evidence if the witness were (Herrera, 2007).
then present and testifying (Sec. 6, Rule 23).
NOTE: If the order made terminates the examination, it shall be
Effect of errors and irregularities in depositions as stated resumed thereafter only upon the order of the court in which the
under Sec. 29, Rule 23 action is pending. Upon demand of the objecting party or
deponent, the taking of the deposition shall be suspended for the
1. As to notice All errors and irregularities in the notice time necessary to make a notice for an order. In granting or
for taking a deposition are waived unless written refusing such order, the court may impose upon either party or
upon the witness the requirement to pay such costs or expenses as
objection is promptly served upon the party giving
the court may deem reasonable (Sec. 18, Rule 23).
the notice.
2. As to disqualification of officer Objection to taking a
deposition because of disqualification of the officer
before whom it is to be taken is waived unless made
before the taking of the deposition begins or as soon
thereafter as the disqualification becomes known or
could be discovered with reasonable diligence.

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Protection order v. motion to terminate or limit directly. They are party (Sec. 1, Rule
examination instead delivered 25).
to the officer
Protection Order (Sec. Motion to Terminate or before whom the
16, Rule 23) Limit Examination (Sec. 18, deposition is to
Rule 23) be taken (Sec. 26,
Provides protection to Provides protection during Rule 23).
the party or witness the taking of deposition. Scope Direct, cross, Only one set of
before the taking of redirect, re-cross interrogatories
deposition. Interrogatories No fixed time 15 days to answer
The Motion is filed with Motion or petition is filed unless extended or
the court in which the with the court in which the reduced by the
action is pending. action is pending or the RTC court
of the place where the Binding Effect Binding to anyone Binding only to the
deposition is being taken. who is present parties.
during the
WRITTEN INTERROGATORIES TO ADVERSE PARTIES deposition.

Purpose of interrogatories to parties Procedure in taking interrogatories

To elicit material and relevant facts from any adverse party The mode of discovery is availed of by filing and serving
(Sec. 1, Rule 25). upon the adverse party written interrogatories to be
answered by the party served. If the party is a juridical
NOTE: The answers may also be used as admissions of the adverse entity, it shall be answered by any of its officers competent
party (Feria & Noche, 2001). to testify in its behalf (Sec. 1, Rule 25). The interrogatories
shall be answered fully in writing and shall be signed and
Interrogatories v. bill of particulars sworn to by the person making them.

Interrogatories Bill of Particulars NOTE: No party may, without leave of court, serve more than one
Interrogatories to parties Designed to clarify set of interrogatories to be answered by the same party (Sec. 4,
Rule 25).
are not directed to a ambiguities in a pleading
particular pleading. or to state with sufficient
How to answer interrogatories
Instead, they seek to definiteness allegations
disclose all material and in a pleading. It is
The interrogatories shall be answered fully in writing and
relevant facts from a party therefore directed to a
shall be signed and sworn to by the person making them.
(Sec. 1, Rule 25). pleading (Sec. 1, Rule 12).
The party upon whom the interrogatories have been served
A party may properly seek A party may properly
shall file and serve a copy of the answers on the party
disclosure of matters of seek disclosure only of
submitting the interrogatories within 15 days after service
proof which may later be matters which define the
thereof, unless the court, on motion and for good cause
made a part of the records issues and become a part
shown, extends or shortens the time (Sec. 2, Rule 25).
of evidence of the pleadings
NOTE: The party against whom it is directed may make objections
NOTE: If a motion to a bill of particulars is denied, it will not bar
to the interrogatories (Sec. 2, Rule 25).
the party to avail of modes of discovery.

Objections to the interrogatories


Depositions upon written interrogatories under Sec. 25,
Rule 23 v. Interrogatories to parties under Rule 25
Objections shall be presented to the court within 10 days
after service of the interrogatories. The filing of the
Depositions Interrogatories to
objections shall have the effect of deferring the filing and
Upon Written Parties (Rule 25)
service of the answer to the interrogatories (Sec. 3, Rule
Interrogatories to
25).
Parties (Sec. 25,
Rule 23)
Necessity of leave of court before a party may be served
Deponent Party or ordinary Party only with written interrogatories
witness
Procedure With intervention No intervention. It is necessary before answer has been served because, at
of the officer Written that time, the issues are not yet joined and the disputed
authorized by the interrogatories are facts are not yet clear. However, it is not necessary after
Court to take directed to the answer has been served, for the first set of interrogatories.
deposition party himself

Not served upon Served directly


the adverse party upon the adverse

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Scope and use of interrogatories facts shall be taken to be established for the
purposes of the action in accordance with the
Interrogatories may relate to any matters that can be claim of the party obtaining the order;
inquired into under Sec. 2 of Rule 23, and the answers may b. An order refusing to allow the disobedient
be used for the same purposes provided in Sec. 4 of the party to support or oppose designated claims
same Rule (Sec. 5, Rule 25). or defenses or prohibiting him from
introducing in evidence designated documents
CONSEQUENCES OF REFUSAL TO ANSWER or things or items of testimony, or from
introducing evidence of physical or mental
Consequences of refusal to answer condition;
c. An order striking out pleadings or parts
1. If a party or other deponent refuses to answer any thereof, or staying further proceedings until
question upon oral examination, the examination the order is obeyed, or dismissing the action or
may be completed on other matters or adjourned as proceeding or any part thereof, or rendering a
the proponent of the question may prefer. The judgment by default against the disobedient
proponent may thereafter apply to the proper court party;
of the place where the deposition is being taken, for d. In lieu of any of the foregoing orders or in
an order to compel an answer. The same procedure addition thereto, an order directing the arrest
may be availed of when a party or a witness refuses of any party or agent of a party for disobeying
to answer any interrogatory submitted under Rules any of such orders except an order to submit to
23 or 25. a physical or mental examination (Sec. 3, Rule
29).
If the application is granted, the court shall require
the refusing party or deponent to answer the EFFECT OF FAILURE TO SERVE WRITTEN
question or interrogatory and if it also finds that the INTERROGATORIES
refusal to answer was without substantial
justification, it may require the refusing party or GR: A party not served with written interrogatories may not
deponent or the counsel advising the refusal, or both be compelled by the adverse party to give testimony in
of them, to pay the proponent the amount of the open court, or to give a deposition pending appeal.
reasonable expenses incurred in obtaining the order,
including attorneys fees. XPN: When allowed by the court and there is good cause
shown and the same is necessary to prevent a failure of
If the application is denied and the court finds that it justice (Sec. 6, Rule 25).
was filed without substantial justification, the court
may require the proponent or the counsel advising REQUEST FOR ADMISSION
the filing of the application, or both of them, to pay
to the refusing party or deponent the amount of the Admissions to be requested from the adverse party
reasonable expenses incurred in opposing the
application, including attorneys fees (Sec. 1, Rule 29). 1. Genuineness of any material and relevant document
described in and exhibited with the request; or
2. If a party or other witness refuses to be sworn or 2. Truth of any material and relevant matter of fact set
refuses to answer any question after being directed forth in the request (Sec. 1, Rule 26).
to do so by the court of the place in which the
deposition is being taken, the refusal may be NOTE: The request for admission must be served directly upon the
considered a contempt of that court (Sec. 2, Rule 29). party; otherwise, the party to whom the request is directed cannot
be deemed to have admitted the genuineness of any relevant
document described in and exhibited with the request or relevant
3. If any party or an officer or managing agent of a party
matters of fact set forth therein on account of failure to answer the
refuses to obey an order made under Sec. 1 of this request for admission (Briboneria v. CA, G.R. No. 101682,
Rule requiring him to answer designated questions, December 14, 1992).
or an order under Rule 27 to produce any document
or other thing for inspection, copying, or The answer to a request for admission properly served which was
photographing or to permit it to be done, or to signed and sworn to by the counsel of the party so requested is
permit entry upon land or other property, or an order sufficient compliance with this rule, especially in the light of
made under Rule 28 requiring him to submit to a counsels authority under Secs. 21 and 23, Rule 138 (Nestle
Philippines, Inc. v. CA, G.R. No. 102404, February 1, 2002).
physical or mental examination, the court may make
such orders in regard to the refusal as are just, and
When request for admission is made
among others the following:
At any time after issues have been joined, a party may file
a. An order that the matters regarding which the
and serve upon any other party a written request for the
questions were asked, or the character or
admission by the latter (Sec. 1, Rule 26).
description of the thing or land, or the contents
of the paper, or the physical or mental
condition of the party, or any other designated

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IMPLIED ADMISSION BY ADVERSE PARTY PRODUCTION OR INSPECTION OF DOCUMENTS OR
THINGS
GR: Each of the matters of which an admission is requested
shall be deemed admitted. Court order under this mode of discovery

XPN: When the party to whom the request is directed files Upon motion of any party showing good cause therefor, the
and serves upon the party requesting the admission a court in which an action is pending may order any party to:
sworn statement either denying specifically the matters of 1. Produce and permit the inspection and copying or
which an admission is requested or setting forth in detail photographing, by or on behalf of the moving party, or
the reasons why he cannot truthfully either admit or deny of any designated documents, papers, books,
those matters (Sec. 2, Rule 26). accounts, letters, photographs, objects or tangible
things, not privileged, which constitute or contain
CONSEQUENCES OF FAILURE TO ANSWER REQUEST FOR evidence material to any matter involved in the action
ADMISSION and which are in his possession, custody or control; or
2. Permit entry upon designated land or other property
The facts or documents are deemed admitted. Under the in his possession or control for the purpose of
Rules, each of the matters of which an admission is inspecting, measuring, surveying, or photographing
requested shall be deemed admitted unless within a period the property or any designated relevant object or
designated in the request which shall not be less than 15 operation thereon (Sec. 1, Rule 27).
days after service thereof, or within such further time as
the court may allow on motion, the party to whom the Limitations on the request for production or inspection of
request is directed files and serves upon the party documents or things
requesting the admission a sworn statement either denying
specifically the matter of which an admission is requested 1. Should not be privileged;
or setting forth in detail the reason why he cannot 2. Should constitute or contain evidence material to any
truthfully either admit or deny those matters (Sec. 2, Rule matter involved in the action and which are in his (the
26). party ordered) possession, custody, or control (Sec. 1,
Rule 27);
EFFECT OF ADMISSION 3. In the petition, the papers and documents to be
produced must be sufficiently described.
Effect of admission
Production or inspection of documents or things under
Any admission made by a party pursuant to such request is Rule 27 v. Subpoena duces tecum
for the purpose of the pending action only and shall not
constitute an admission by him for any other purpose nor Production or Subpoena Duces Tecum
may the same be used against him in any other proceeding Inspection of
(Sec. 3, Rule 26). Documents or Things
Essentially a mode of Means of compelling
Submission to objections to any request for admission discovery. production of evidence.
Limited to the parties to It may be directed to
They shall be submitted to the court by the party requested the action. any person whether a
within the period for and prior to the filing of his sworn party or not.
statement and his compliance therewith shall be deferred Issued only upon Issued upon an ex parte
until such objections are resolved, which resolution shall be motion with notice to application.
made as early as practicable [Sec. 2(b), Rule 26]. the adverse party.

Withdrawal of Admission NOTE: This mode of discovery does not authorize the opposing
party or the clerk of court or other functionaries of the court to
The court may allow the party making the admission to distrain the articles or deprive the person who produced the same
withdraw or amend the admission upon such terms as may of their possession, even temporarily (Tanda v. Aldaya, GR No. L-
be just (Sec. 4, Rule 26). 13423, November 23, 1959).

EFFECT OF FAILURE TO FILE AND SERVE REQUEST FOR Procedure to avail of the production or inspection of
ADMISSION documents or things

A party who fails to file and serve a request for admission 1. A motion must be filed by the party seeking the
on the adverse party on material and relevant facts at issue production or inspection of documents and things and
shall not be permitted to present evidence on such facts the motion must show good cause supporting the
unless otherwise allowed by the court for good cause same (Sec. 1, Rule 27).
shown and to prevent a failure of justice (Sec. 5, Rule 26). 2. The order shall specify the time, place and manner of
making the inspection and taking copies and
photographs, and may prescribe such terms and
conditions as are just (Sec. 1, Rule 27).

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PHYSICAL AND MENTAL EXAMINATION OF PERSONS CONSEQUENCES OF REFUSAL TO COMPLY WITH MODES
OF DISCOVERY
Period for physical and mental examination of persons
Refusal to answer any question upon oral examination
It may be ordered in an action in which the physical or 1. Order to compel an answer;
mental condition of a party is in controversy (Sec. 1, Rule 2. Contempt;
28). 3. Require payment of reasonable fees incurred by the
proponent;
Procedure to avail physical and mental examination of 4. Designated facts shall be taken to be established for
persons the purposes of the action in accordance with the
claim of the party obtaining the order.
1. A motion must be filed showing good cause for the 5. Dismiss the action or the proceeding;
examination, with notice to the other parties as well 6. Render a Judgment by default against the disobedient
aside from the party to be examined (Sec. 2, Rule 28). party;
2. The motion shall specify the time, place, manner, 7. Refuse to allow the disobedient party to support or
conditions and scope of the examination and by the oppose claims or defenses;
person/s by whom it is made (Sec. 2, Rule 28). 8. Strike out all or any part of the pleading of the
3. The party examined may request the party causing the disobedient party;
examination to be made to deliver to him a copy of a 9. Stay further proceedings until order is obeyed;
detailed written report of the examining physician 10. Order the arrest of the refusing party.
setting out his findings and conclusions (Sec. 3, Rule Refusal to produce document or thing for inspection,
28). copying or photographing
4. The party causing the examination to be made shall be 1. Designated facts shall be taken to be established for
entitled upon request to receive from the party the purposes of the action in accordance with the
examined a like report of any examination, previously claim of the party obtaining the order;
or thereafter made, of the same mental or physical 2. Refuse to allow the disobedient party to support or
condition (Sec. 3, Rule 28). oppose claims or defenses;
3. Strike out all or any part of the pleading of the
Effect if the party examined requests and obtains a report disobedient party;
on the results of the examination 4. Dismiss the action or the proceeding;
5. Render a Judgment by default against the disobedient
1. He has to furnish the other party a copy of the report party;
of any previous or subsequent examination of the 6. Stay further proceedings until order is obeyed;
same physical and mental condition (Sec. 3, Rule 28). 7. Render a Judgment by default against the disobedient
2. He waives any privilege he may have in that action or party
any other involving the same controversy regarding 8. Order the arrest of the refusing party.
the testimony of every other person who has so Refusal to submit to Physical or Mental examination
examined or may thereafter examine him (Sec. 4, Rule 1. Designated facts shall be taken to be established for
28). the purposes of the action in accordance with the
claim of the party obtaining the order;
NOTE: If a party refuses to deliver the report upon request to the
person causing the examination to be made, the court may require
2. Prohibit the disobedient party to introduce evidence
its delivery on such terms as are just. of physical and mental conditions;
3. Strike out all or any part of the pleading of the
If the physician refuses or fails to make a report, the court may disobedient party;
exclude his testimony (Sec. 3, Rule 28). 4. Dismiss the action or the proceeding;
5. Render a Judgment by default against the disobedient
party;
6. Stay further proceedings until order is obeyed;
7. Render a Judgment by default against the disobedient
party
Refusal to the request for admission by adverse party
1. Require payment of reasonable fees incurred by the
proponent (Secs. 1-4).
2. Each of the matters of which an admission is
requested is deemed admitted (Sec. 5, Rule 26).

NOTE: The remedy of the party, in this case, is to file a motion to


be relieved of the consequences of the implied admission. The
amendment of the complaint per se cannot set aside the legal
effects of the request for admission since its materiality has not
been affected by the amendment.

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77 FACULTY OF CIVIL LAW
REMEDIAL LAW
TRIAL Rule on Notice of trial

Trial Upon entry of a case in the trial calendar, the clerk shall
notify the parties of the date of its trial in such manner as
It is a judicial process of investigating and determining the shall ensure his receipt of that notice at least 5 days before
legal controversies starting with the production of evidence such date (Sec.1, Rule 30).
by the plaintiff and ending with his closing arguments
(Riano, 2011). Cases where the clerk of court gives preference in
scheduling of cases
Should there be no amicable settlement or a compromise
forged between the parties, the case will be set for trial In calendaring cases, the clerk of court shall give preference
(Riano, 2011). to:
1. Habeas corpus cases;
Necessity of Trial (1996 Bar Question) 2. Election cases;
3. Special civil actions; and
GR: Trial is necessary when an issue exists. Decisions should 4. Those so required by law to be preferred (Sec. 1, Rule
not be made without trial. 20).

XPN: There is no need for trial in the following cases: ADJOURNMENTS AND POSTPONEMENTS
1. Where the pleadings of the parties tender no issue at
all, a judgment on the pleadings may be directed by The court may adjourn a trial from day to day, and to any
the court (Rule 34); stated time, as the expeditious and convenient transaction
2. Where from the pleadings, affidavits, depositions and of business may require. However, the court has no power
other papers, there is actually no genuine issue, the to adjourn a trial for a period longer than 1 month from
court may render a summary judgment (Rule 35); each adjournment, nor more than 3 months in all except
3. Where the parties have entered into a compromise or when authorized in writing by the Court Administrator (Sec.
an amicable settlement either during the pre-trial or 2, Rule 30).
while the trial is in progress (Rule 18; Art. 2028, NCC);
4. Where the complaint has been dismissed with REQUISITES OF MOTION TO POSTPONE TRIAL;
prejudice (Sec. 5, Rule 16; Sec. 3, Rule 17; Sec. 5, Rule FOR ABSENCE OF EVIDENCE; FOR ILLNESS OF PARTY OR
7); COUNSEL
5. Where the parties agree in writing, upon the facts
involved in the litigation, and submit the case for For absence of evidence
judgment on the facts agreed upon, without the 1. A motion for postponement must be filed;
introduction of evidence. If however, there is no 2. The motion must be supported by an affidavit or
agreement as to all the facts in the case, trial may be sworn certification showing:
held only as to the disputed facts (Sec. 6, Rule 30) a. The evidence is material or relevant; and
6. Where the civil case falls under the operation of the b. That due diligence has been used to procure it (Sec.
Rules on Summary Procedure (Rule 17); 3, Rule 30).
7. When the case falls under the Rule on Small Claims.
NOTE: If the adverse party admits the facts sought to be given
Trial v. Hearing in evidence, the trial shall not be postponed even if he objects
or reserves the right to their admissibility.
Trial Hearing
For illness of party or counsel
Reception of Not confined to trial and
1. A motion for postponement must be filed;
evidence and other presentation of evidence but
2. The motion must be supported by an affidavit or
processes. embraces several stages of
sworn certification showing:
litigation, including pre-trial
a. The presence of the party or counsel at the trial is
and determination of
indispensable; and
granting or denying a
b. That the character of his illness is such as to render
motion (Trocio v. Labayo, 53
his non-attendance excusable (Sec. 4, Rule 30).
SCRA 97).
The period for the Does not necessarily imply
introduction of presentation of evidence in
AGREED STATEMENT OF FACTS
evidence by both open court but the parties
parties. are afforded the opportunity
Effect when there is an agreed statement of facts
to be heard.
The parties to any action may agree, in writing, upon the
facts involved in the litigation, and submit the case for
judgment on the facts agreed upon, without the
introduction of evidence.

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CIVIL PROCEDURE
If the parties agree only on some facts in issue, the trial Reverse order of trial
shall be held as to the disputed facts in such order as the
court shall prescribe (Sec. 6, Rule 30). Where the defendant, in his answer, relies upon an
affirmative defense, a reverse order of trial shall take place.
Stipulations of facts in civil cases v. Stipulation of facts Since the defendant admits the plaintiffs claim but seeks to
incriminal cases avoid liability based on his affirmative defense he shall
proceed first to prove his exemption (Yu v. Mapayo, 44
Civil Cases Criminal Cases SCRA 163, G.R. No. L-29742, 1992).
May be signed by the Must be signed both by
counsel alone who has a the counsel and the CONSOLIDATION OR SEVERANCE OF HEARING OR TRIAL
special power of accused.
attorney. Consolidation v. Severance
May be made verbally It must always be in
or in writing. writing. Consolidation Severance
Involves several actions Contemplates a single
ORDER OF TRIAL; REVERSAL OF ORDER having a common action having a number
question of law or fact of claims, counterclaims,
Procedure in Trial which may be jointly tried cross-claims, third-party
(Sec.1, Rule 31). complaints, or issues
Subject to the provisions of Sec. 2, Rule 31, and unless the which may be separately
court for special reasons otherwise directs, the trial shall be tried
limited to the issues stated in the pre-trial order and shall (Sec. 2, Rule 31).
proceed as follows:
Requisites for consolidation
Plaintiff shall adduce evidence in support of his cause
1. Actions involving a common question of law or fact; and
of action/complaint
2. There must be at least 2 actions pending before the
same court (Sec.1, Rule 31).
Defendant shall then adduce evidence in support of
his defense, counterclaim, cross-claim and third party Ways of consolidating cases
complaint
Recasting the Consolidation Test-Case
Cases Proper Method
Third party defendant if any shall adduce evidence of Reshaping of the It is a joint trial By hearing only
his defense, counterclaim, cross-claim, and fourth- cases by with joint the principal
party complaint amending the decision, the case and
pleading, cases retaining suspending the
dismissing some their original hearing on the
Fourth party, and so forth, if any, shall adduce cases and docket other cases until
evidence material facts pleaded by them retaining only numbers. judgment has
one case. There been rendered
must be joinder in the principal
Parties against whom any counterclaim or cross-claim of causes of case. The cases
has been pleaded, shall adduce evidence in support action and of retain their
of their defense, in the order to be prescribed by the parties. original docket
court numbers.

Rule on consolidation of cases


Parties may then respectively adduce rebutting
evidence only, unless the court, for good reasons and GR: Consolidation is discretionary upon the court to avoid
in the furtherance of justice, permits them to adduce multiplicity of suits, guard against oppression or abuse,
evidence upon their original case prevent delay, clear congested dockets, and simplify the
work of the trial court and save unnecessary costs and
Upon admission of the evidence, the case shall be expenses.
deemed submitted for decision, unless the court
directs the parties to argue or to submit their XPN: Consolidation becomes a matter of duty when:
respective memoranda or any further pleadings 1. Two or more cases are pending before the same judge;
or
2. If cases are filed with the different branches of the
NOTE: If several defendants or third party defendants and so forth same RTC and one of such case has not been partially
having separate defenses appear by different counsel, the court
tried (Raymundo v. Felipe, G.R. No. L-30887, December
shall determine the relative order of presentation of their evidence
(Sec. 5, Rule 30). 24, 1971).

UNIVERSITY OF SANTO TOMAS


79 FACULTY OF CIVIL LAW
REMEDIAL LAW
Suspension of civil actions Clerk of court cannot rule Commissioner can rule
on objections or on the on objections or on
1. If willingness to discuss a possible compromise is admissibility of evidence. admissibility of
expressed by one or both parties; or evidence.
2. If it appears that one of the parties, before the
commencement of the action or proceeding, offered to Cases where there is mandatory trial by Commissioner
discuss a possible compromise but the other party
refused the offer (Sec. 8, Rule 30; Art. 2030, NCC). 1. Expropriation (Rule 67);
2. Partition (Rule 69);
Q: Doris filed a complaint for ejectment in the MTC on the 3. Settlement of estate of a deceased person in case of
ground of non-payment of rentals against Minda. After 2 contested claims; and
days, Minda filed in the RTC a complaint against Doris for 4. Submission of accounting by executors or
specific performance to enforce the option to purchase administrator.
the parcel of land subject of the ejectment case. What is
the effect of Minda's action on Doris' complaint? Explain REFERENCE BY CONSENT OR ORDERED ON MOTION
(2000 Bar Question)
Referral of a case to a Commissioner
A: There is no effect. The ejectment case involves
possession de facto only. The action to enforce the option By written consent of both parties, the court may order any
to purchase will not suspend the action of ejectment for or all of the issues in a case to be referred to a
non-payment of rentals (Wilmon Auto Supply Corp. v. CA, commissioner to be agreed upon by the parties or to be
G.R. No. 97637, April 10, 1992). appointed by the court (Sec. 1, Rule 32).

DELEGATION OF RECEPTION OF EVIDENCE Cases where there is a valid referral to a Commissioner


even without the consent of the parties
GR: The judge shall personally receive and resolve the
evidence to be adduced by the parties. 1. When the trial of an issue of fact requires the
examination of a long account on either side;
XPN: The reception of evidence may be delegated to the 2. When the taking of an account is necessary for the
Clerk of Court, who is a member of the bar, under the information of the court before judgment;
following conditions: 3. When a question of fact, other than upon the
1. In default hearings; pleadings, arises upon motion or otherwise, in any
2. Ex parte hearings; or stage of a case; or
3. In any case where the parties agree in writing (Sec. 9, 4. For carrying a judgment or order into effect (Sec. 2,
Rule 30). Rule 32).

NOTE: Said clerk shall have no power to rule on objections to any POWERS OF THE COMMISSIONER
question or to admission of evidence or exhibits; and he shall
submit his report and transcripts of the proceedings, together with
Powers of a commissioner
the objections to be resolved by the court, within 10 days from the
termination of the hearing (Ibid.).
1. Power to regulate the proceedings in every hearing
TRIAL BY COMMISSIONERS before him;
2. Do all acts and take all measures necessary or
Commissioner proper for the efficient performance of his duties
under the order of reference;
A person to whom a case pending in court is referred, for 3. Issue subpoenas ad testificandum and duces tecum;
him to take testimony, hear the parties and report thereon 4. Swear witnesses; and
to the court, and upon whose report, if confirmed, 5. Rule upon the admissibility of evidence (Sec.3, Rule
judgment is rendered. 32).

Delegation to clerk of court under Rule 30 v. Trial by Effect of failure of parties to appear before a
commissioner under Rule 32 commissioner

Delegation to Clerk of Trial by Commissioner The commissioner may proceed ex parte or, in his
Court discretion, adjourn the proceedings to a future day, giving
notice to the absent party or his counsel of the
Delegation is made during Commissioner can be
adjournment (Sec.6, Rule 32).
trial. appointed even after
the case has become
final and executory.
Clerk of court must be a Commissioner need not
lawyer. be a lawyer.

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CIVIL PROCEDURE
COMMISSIONERS REPORT; NOTICE TO PARTIES AND but on appeal the order of dismissal is reversed he shall be
HEARING ON THE REPORT deemed to have waived the right to present evidence
(Sec.1, Rule 33).
Commissioners Report
Motion for Demurrer Motion for Demurrer
Upon completion of the trial or hearing or proceeding Denied Granted but Reversed
before the commissioner, he shall file with the court his on Appeal
report in writing upon the matters submitted to him by the Denial is interlocutory, Order of the court is an
order of reference. He shall attach in his report all exhibits, hence, not appealable. Sec. adjudication on the
affidavits, depositions, papers and the transcript, if any, of 1, Rule 36 (that judgment merits. Hence, the
the evidence presented before him (Sec. 9, Rule 32). should state clearly and requirement in Sec. 1,
distinctly the facts and the Rule 36 should be
NOTE: The commissioners report is not binding upon the court law on which it is based), complied with.
which is free to adopt, modify, or reject, in whole or in part, the will not apply.
report. The court may receive further evidence or recommit the
report with instructions (Sec. 11, Rule 32; Baltazar v. Limpin, 49
Phil. 39). Motion to dismiss v. Demurrer to evidence

Rule on Notice of Filing of the Report Motion to Demurrer to


Dismiss Evidence
Upon the filing of the report, the parties shall be notified by (Rule 16) (Rule 33)
the clerk, and they shall be allowed 10 days within which to After the plaintiff
signify grounds of objections to the findings of the report, if Before filing of rests its case or
they so desire. Objections to the report based upon When to file answer after the completion
grounds which were available to the parties during the of the presentation
proceedings before the commissioner, other than of evidence
objections to the findings and conclusions therein set forth, The 10 grounds That upon the facts
shall not be considered by the court unless they were made Grounds enumerated in and the law, the
before the commissioner (Sec.10, Rule 32). Rule 16 plaintiff has shown
no right to relief
NOTE: GR: Notice of the filing of the report must be sent to the The defendant
parties for the purpose of giving them an opportunity to present If denied may file his The defendant may
their objections (Santos v. Guzman, 45 Phil. 646). The failure to
responsive present his
grant the parties, in due form, this opportunity to object, may, in
some instances, constitute a serious error in violation of their pleading. evidence.
substantial rights (Govt. v. Osorio, 50 Phil. 864). The complaint The complaint may
may be refiled NOT be filed. The
XPN: The rule, however, is not absolute. In Manila Trading and depending on remedy of the
Supply Co. v. Phil. Labor Union, 71 Phil. 539, it was ruled that If granted the ground of plaintiff is to appeal
although the parties were not notified of the filing of the dismissal. from the dismissal.
commissioners reports, and the court failed to set said report for
(Riano, 2011)
hearing, if the parties who appeared before the commissioner
were duly represented by counsel and given an opportunity to be
heard, the requirement of due process has been satisfied, and a Q: ABS Co. is the operator of several buses. One of the
decision on the basis of such report, with the other evidence of the buses owned by ABS Co. rammed upon a dump truck
case is a decision which meets the requirements of fair and open causing the instantaneous death of Nilo, one of the
hearing. passengers of the ill-fated bus. Consequently, Nestor, son
of Nilo, filed a complaint against ABS Co. for damages.
Hearing on Commissioners Report After Nestor had rested his case, ABS Co. filed a demurrer
to evidence, contending that Nestor's evidence is
In the hearing to be conducted on the commissioners insufficient because it did not show (1) that ABS Co. was
report, the court will review only so much as may be drawn negligent and (2) that such negligence was the proximate
in question by proper objections. It is not expected to cause of the collision. Should the court grant or deny
rehear the case upon the entire record (Kreidt v. defendant's demurrer to evidence? Reason briefly. (2004
McCullough and Co., 37 Phi. 474). Bar Question)

DEMURRER TO EVIDENCE A: No, the court should not grant defendants demurrer to
evidence. Under the Rules of Court, after the plaintiff has
Dismissal based on insufficiency of evidence completed the presentation of his evidence, the defendant
may move for dismissal on the ground that upon the facts
After the plaintiff has completed the presentation of his and the law the plaintiff has shown no right to relief. Here,
evidence, the defendant may move for dismissal on the Nestor has shown that he is entitled to the relief he is
ground that upon the facts and the law the plaintiff has asking for. ABS Co. is a common carrier. Under Art.1756 of
shown no right to relief. If his motion is denied, he shall the Civil Code, in case of death of or injuries to passengers,
have the right to present evidence. If the motion is granted common carriers are presumed to have been at fault or to

UNIVERSITY OF SANTO TOMAS


81 FACULTY OF CIVIL LAW
REMEDIAL LAW
have acted negligently, unless they prove that they on the right to present evidence. The provision of the
observed extraordinary diligence. Proof that the defendant Rules governing demurrer to evidence does not apply
was negligent and that such negligence was the proximate to an election case (Gementiza v. COMELEC, 353 SCRA
cause of the collision is not required. Thus, without proof 724). The Rules, under the express dictum in Sec. 4 of
that ABS Co. has exercised extraordinary diligence, the Rule 1 shall not apply to election cases, land
presumption of negligence stands. registration, cadastral, naturalization and insolvency
proceeding (Riano, 2011).
GROUND
EFFECT OF GRANT
The only ground for demurrer to evidence is upon showing
that upon the facts and the law, the plaintiff has shown no Effects of granting the demurrer to evidence
right to relief.
1. The case shall be dismissed.
EFFECT OF DENIAL
NOTE: The plaintiff may file an appeal and if that appeal was
1. The defendant shall have the right to present his granted (reversed the order of dismissal), the defendant loses
evidence (Sec. 1, Rule 33). This means that the denial his right to present evidence (Sec.1, Rule 33; Republic v.
Tuvera, G.R. No. 148246, February 16, 2007).
of the demurrer to evidence does not deprive the
defendant the opportunity to adduce evidence in his
2. Upon appeal, the appellate court reversing the order
behalf
granting the demurrer should not remand the case to
2. The court shall set the date for the reception of the
the trial court. Instead, it should render judgment based
defendants evidence-in-chief. It should not proceed to
on the evidence submitted by the plaintiff (Radiowealth
grant the relief demanded by the plaintiff (Northwest
Finance Corporation v. Del Rosario, 335 SCRA 288).
Airlines, Inc. v.CA, 284 SCRA 408).
3. An order denying a demurrer to evidence is not
WAIVER OF RIGHT TO PRESENT EVIDENCE
appealable because it is interlocutory.

NOTE: It can be subject to petition for certiorari in case of Waiver of right to present evidence
grave abuse of discretion or an oppressive exercise of judicial
authority (Katigbak v. Sandiganbayan, 405 SCRA 558). If the demurrer is granted but on appeal the order of
dismissal is reversed, the defendant is deemed to have
4. A party who files a demurrer to evidence that is waived his right to present evidence (Sec.1, Rule 33).
subsequently denied in an election case cannot insist

DEMURRER TO EVIDENCE IN A CIVIL CASE VERSUS DEMURRER TO EVIDENCE IN A CRIMINAL CASE

Demurrer to evidence in a civil case v. Demurrer to evidence in a criminal case (2007 Bar Question)

Civil Case Criminal Case


How filed After the plaintiff has completed the presentation The court may dismiss the action on the ground of
of his evidence, the defendant may move for insufficiency of evidence (1) On its own initiativeafter
dismissal on the ground that upon the facts and giving the prosecution the opportunity to be heard or
the law the plaintiff has shown no right to relief (2) Upon demurrer to evidence filed by the accused
(Sec. 1, Rule 33). with or without leave of court(Sec. 23, Rule 119)
Leave of court Not required With or Without
(Sec. 23, Rule 119)
The plaintiff may appeal from the order of The plaintiff cannot make an appeal from the order
If granted dismissal of the case of dismissal due to the constitutional prohibition
(Sec. 1, Rule 33) against double jeopardy
The defendant may proceed to adduce his The defendant may adduce his evidence only if the
evidence demurrer is filed with leave of court.

If denied If there was no leave of court, accused can no longer


present his evidence and submits the case for
decision based on the prosecutions evidence (Sec.
23, Rule 119)
If plaintiff appeals and judgment is reversed by the If the court finds the prosecutions evidence
appellate court, it will decide the case on the basis insufficient, it will grant the demurrer by rendering
If the plaintiff of the plaintiffs evidence with the consequence judgment acquitting the accused. Judgment of
appeals from that the defendant already loses his right to acquittal is not appealable because double jeopardy
the order of present evidence. No res judicata in dismissal due sets in.
dismissal to demurrer.

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CIVIL PROCEDURE
JUDGMENTS AND FINAL ORDERS make the record speak the truth, without any
changes in substance or any material respect.
Judgment 6. Judgment sin perjuicio Judgment without a
statement of the facts in support of its conclusion to
It is the final ruling by a court of competent jurisdiction be later supplemented by the final judgment. This is
regarding the rights or other matters submitted to it in an not allowed.
action or proceeding (Macahilig v. Heirs of Garcia M. 7. Judgment by default (Sec. 3, Rule 9) Rendered by
Magalit, 344 SCRA 838). the court following a default order or after it
received, ex parte, plaintiffs evidence.
It is the courts official and final consideration and 8. Judgment on the pleadings (Rule 34) Proper when
determination of the respective rights and obligations of an answer fails to tender an issue because of a
the parties (46 AM Jur 2d, Judgments SS1). general or insufficient denial of the material
allegations of the complaint or when the answer
NOTE: Judgment is normally synonymous with decision (Tung admits the material allegations of the adverse
Chin Hui v. Rodriguez, 340 SCRA 765). party's pleading.
9. Summary judgment (Rule 35) One granted by the
Judgment may be understood in 2 senses: court for the prompt disposition of civil actions
1. Judgment that disposes of a case in a manner that leaves
wherein it clearly appears that there exists no
nothing more to be done by the court in respect thereto. In
this sense, a final judgment is distinguished from an genuine issue or controversy as to any material fact.
interlocutory order which does not finally terminate or dispose 10. Several judgment (Sec. 4, Rule 36) It is one
of the case. It has also the effect of ending the litigation, and rendered by a court against one or more defendants
an aggrieved party may then appeal from the judgment. and not against all of them, leaving the action to
proceed against the others.
2. Judgment that is no longer appealable and is already capable of 11. Separate judgment (Sec. 5, Rule 36) It is one
being executed because the period for appeal has elapsed rendered disposing of a claim among several others
without a party having perfected an appeal, or it has already
presented in a case, after a determination of the
been resolved by a highest possible tribunal. In this sense, the
judgment is commonly referred to as one that is final and issues material to a particular claim and all
executory (Riano, 2011). counterclaims arising out of the transaction or
occurrence which is the subject matter of said claim.
Action of Courts act upon facts and issues not pleaded by 12. Special judgment (Sec. 11, Rule 39) One which can
the parties only be complied with by the judgment obligor
because of his personal qualifications or
It is vital to keep in mind that in the process of rendering circumstances or one that requires the performance
judgment or in resolving controversies, courts can only of an act other than:
consider facts and issued pleaded by the parties. Courts, as a. Payment of money; and
well as magistrates presiding over them are not omniscient. b. Sale of real and personal property.
They can only act on the facts and issues presented before 13. Judgment for specific acts(Sec. 10, Rule 39)
their own personal knowledge for evidence. Nor may they Applicable in cases of:
take notice of matters except those expressly provided as a. Conveyance, delivery of deeds, or other
subjects of mandatory judicial notice (Social Justice Society specific acts, vesting title;
v. Atienza, G.R. No. 156052, February 13, 2008). b. Sale of real or personal property;
c. Delivery or restitution of real property;
Kinds of judgment d. Removal of improvements on property subject
of execution; or
1. Judgment upon compromise It is one conferred on e. Delivery of personal property.
the basis of a compromise agreement entered into 14. Judgment on demurrer to evidence(Rule 33) A
between the parties. judgment rendered by the court dismissing a case
2. Judgment by confession It is one rendered by the upon motion of the defendant, made after plaintiff
court when a party expressly agrees to the other has rested his case, on the ground that upon the
partys claim or acknowledges the validity of the facts presented by the plaintiff and the law on the
claim against him. matter, plaintiff has not shown any right to relief.
3. Judgment upon the merits It is one that is 15. Conditional judgment It is one the effectivity of
rendered after consideration of the evidence which depends upon the occurrence or non-
submitted by the parties during the trial of the case. occurrence of an event.
4. Clarificatory judgment It is rendered to clarify an 16. Final judgment One which disposes of the whole
ambiguous judgment or one difficult to comply with. subject matter or terminates the particular
5. Judgment nunc pro tunc (Now for then) A proceedings or action, leaving nothing to be done by
judgment intended to enter into the record the acts the court but to enforce by execution what has been
which had already been done, but which do not determined.
appear in the records. 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

83 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
Several judgments v. Separate Judgments JUDGMENT WITHOUT TRIAL

Several Judgment Separate Judgment Instances when there can be a Judgment without a trial
Proper where the liability of Proper when more
each party is clearly than one claim for 1. Where the pleadings of the parties tender no issue at
separable and distinct from relief is presented in all, a judgment on the pleadings may be directed by
his co-parties such that the an action and a the court (Rule 34);
claims against each of them determination as to 2. Where from the pleadings, affidavits, depositions and
could have been the subject the issues material to other papers, there is actually no genuine issue, the
of a separate suit, and the the claim has been court may render a summary judgment (Rule 35);
judgment for or against one made. The action 3. Where the parties have entered into a compromise or
of them will not necessarily shall proceed as to an amicable settlement either during the pre-trial or
affect the other. the remaining claims. while the trial is in progress (Rule 18; Art. 2028, NCC);
4. Where the parties agree in writing, upon the facts
NOTE: A several judgment is not involved in the litigation, and submit the case for
proper in actions against judgment on the facts agreed upon, without the
solidary debtors. introduction of evidence. If however, there is no
agreement as to all the facts in the case, trial may be
Judgment on Compromise held only as to the disputed facts (Sec. 6, Rule 30);
5. Where the complaint has been dismissed with
Judgment on compromise is a judgment on the merits. It prejudice (Sec. 5, Rule 16; Sec. 3, Rule 17; last. par.;
has the effect of res judicata and is immediately executory Sec. 5, Rule 7);
and not appealable. But it may be set aside on grounds 6. Where the civil case falls under the operation of the
provided under Art. 2038, NCC, e.g. mistake, fraud, Rules on Summary Procedure (Rule 17);
violence, intimidation, undue influence or falsity of 7. When the case falls under the Rule on Small Claims.
documents (Aromin v. Floresca, G.R. No. 160994, July 27,
2006). Q: In a complaint for recovery of real property, Ryan
averred, among others, that he is the owner of the said
Judgment upon compromise v. Judgment by confession property by virtue of a deed of sale executed by Joseph in
his favor. Copy of the deed of sale was appended to the
Judgment Upon Judgment By complaint as Annex "A" thereof. In his unverified answer,
Compromise Confession Joseph denied the allegation concerning the sale of the
The provisions and terms An affirmative and property in question, as well as the appended deed of
are settled and agreed voluntary act of the sale, for lack of knowledge or information sufficient to
upon by the parties to defendant himself. The form a belief as to the truth thereof. Is it proper for the
the action, and which is court exercises a certain court to render judgment without trial? Explain. (2005 Bar
entered in the record amount of supervision Question)
with the consent of the over the entry of
court. judgment. A: Yes, a judgment on the pleadings can be rendered by the
court without need of a trial. Defendant cannot deny the
Kinds of Judgment by confession sale of the property for lack of knowledge or information
sufficient to form a belief as to the truth thereof. The
1. Judgment by cognovit actionem - a written confession answer amounts to an admission. The defendant must aver
of an action by the defendant, subscribed but not or state positively how it is that he is ignorant of the facts
sealed, and irrevocably authorizing any attorney of any alleged. Moreover, the genuineness and due execution of
court of record to confess judgment and issue execution the deed of sale can only be denied by the defendant under
usually for the sum named. It is given in order to save oath and failure to do so is an admission of the deed.
expense and differs from a warrant of attorney, which is Hence, a judgment on the pleadings can be rendered by the
given to an expressly designated attorney before the court without need of a trial.
commencement of any action and is under seal.

2. Confession relicta verificatione After pleading and CONTENTS OF A JUDGMENT


before trial, the defendant both confessed the plaintiffs
cause of action and withdrew or abandoned his plea or Parts of a judgment
other allegations, whereupon judgment was entered.
1. Ratio decidendi The body of judgment
NOTE: Warrants of attorney to confess judgment are not
authorized nor contemplated by our law. We are further of the 2. Fallo The dispositive portion of the judgment. It is also
opinion that provisions in notes authorizing attorneys to
the part of judgment that is subject to execution
appear and confess judgments against makers should not be
recognized in this jurisdiction by implication and should only be because this is the judgment of the court itself, i.e. if the
considered as valid when given express legislative sanction petition is granted or denied and the relief granted.
(PNB v. Manila Oil Refining & By-Products Company, Inc, G.R.
No. L-18103, June 8, 1922).

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CIVIL PROCEDURE
Resolution of a conflict between the parts of a decision so ordered." Is the order of dismissal valid? May plaintiff
properly take an appeal? (2004 Bar Question)
GR: If there is a conflict between the ratio decidendi and
the fallo, the fallo should prevail because it is the final A: The order or decision is void because it neither stated
order while the ratio decidendi is merely a statement the findings of fact and law as required by Sec. 14, Art. VIII
ordering nothing. of the Constitution and Sec. 1, Rule 36 of the Rules of Court
nor adopts by reference the factual findings by the lower
XPN: If there is a mere mistake in the fallo and the the ratio court. Being void, appeal is not available. The proper
decidendi is so clear that it states a conclusion, the latter remedy is certiorari under Rule 65.
should prevail (Poland Industrial Limited v. National
Development Company, 467 SCRA 500). Memorandum decision

Difference between a judgment and an opinion of the Decisions which adopt by reference the findings of facts
court (2006 Bar Question) and conclusions of law of inferior tribunals. In this
jurisdiction, it has been held that memorandum decisions
The judgment or fallo is the final disposition of the court do not transgress the constitutional requirement in Art. VIII,
which is reflected in the dispositive portion of the decision Sec. 14, on clearly and distinctly stating the facts and the
while the opinion of the court is contained in the body of law on which the decision is based. Nonetheless, it would
the decision that serves as a guide or enlightenment to be more prudent for a memorandum decision not to be
determine the ratio decidendi of the decision. simply limited to the dispositive portion but to:
1. State the nature of the case;
Obiter dictum 2. Summarize the facts with references to the record;
and
It is an opinion expressed by a court, which is not necessary 3. Contain a statement of the applicable laws and
to the decision of the case before it. It is neither jurisprudence and the tribunals assessments and
enforceable as a relief nor a source of a judicially actionable conclusions on the case. This practice would better
claim. enable a court to make an appropriate consideration
of whether the dispositive portion of the judgment
Requisites of a valid judgment sought to be enforced is consistent with the findings of
facts and conclusions of law made by the tribunal that
1. The court or tribunal must be clothed with authority to rendered the decision (Oil and Natural Gas
hear and determine the matter before it. Commission v. CA, G.R. No. 114323, September 28,
2. The court must have jurisdiction over the parties and 1999).
the subject matter.
3. The parties must have been given an opportunity to Interlocutory Order (2006 Bar Question)
adduce evidence in their behalf.
4. The evidence must have been considered by the It is an order which decides some point or matter between
tribunal in deciding the case. the commencement and end of the suit but is not the final
5. The judgment must be in writing, personally and decision on the whole controversy. It leaves something to
directly prepared by the judge. be done by the court before the case is finally decided on
the merits.
NOTE: A verbal judgment is, in contemplation of law, not in
esse, therefore, ineffective (Corus v. Sandiganbayan, 442 Remedy to question an improvident interlocutory order
SCRA 294)
File a petition for certiorari under Rule 65 not under Rule
6. The judgment must state clearly the facts and the law 45. A petition for review under Rule 45 is the proper mode
on which it is based, signed by the judge and filed with of redress to question only final judgments.
the clerk of court (Sec. 1, Rule 36).
NOTE: One cannot appeal an interlocutory order.
NOTE: This requirement refers to decisions and final orders
on the merits not to those resolving incidental matters(Pablo-
Gualberto v. Gualberto, 461 SCRA 450. JUDGMENT ON THE PLEADINGS

Q: After plaintiff, in an ordinary civil action before the Grounds for judgment on the pleadings (1999 Bar
RTC, has completed presentation of his evidence, Question)
defendant without prior leave of court moved for
dismissal of plaintiff's complaint for insufficiency of 1. The answer fails to tender an issue because of:
plaintiff's evidence. After due hearing of the motion and a. General denial of the material allegations of the
the opposition thereto, the court issued an order, reading complaint;
as follows: "The Court hereby grants defendant's motion b. Insufficient denial of the material allegations of
to dismiss and accordingly orders the dismissal of the complaint.
plaintiff's complaint, with the costs taxed against him. It is 2. The answer admits material allegations of the adverse
partys pleadings (Sec. 1, Rule 34).

85 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
Instances when judgment on the pleadings is NOT Generally available only to Available to plaintiff.
applicable the plaintiff, unless the
defendant presents a
1. Actions for declaration of nullity of marriage, counterclaim.
annulment of marriage or for legal separation
2. Unliquidated damages Motion for judgment on the pleadings v. Motion to
3. Insufficiency of fact amendment is the remedy dismiss

Effect when the plaintiff moves for judgment on the Motion for Judgment on Motion to Dismiss
pleadings and defendant interposes no objection the Pleadings
Filed by the plaintiff if the Filed by a defendant to
The latter is deemed to have admitted the truth of the answer raises no issue. a complaint,
allegations of the complaint, so that there is no longer any counterclaim, cross-
necessity for the plaintiff to submit evidence of his claims claim or third-party
(Phil. Advertising counselors, Inc. v. Revilla, G.R. No. L- complaint.
31869, August 8, 1973).
NOTE: If the complaint states no cause of action, a motion to
Q: Sunbanun, owner of a residential house, entered into a dismiss should be filed and not a motion for judgment on the
lease agreement with Go, which the latter subleased. 3 pleadings.
months before the expiration of the lease agreement,
Sunbanun, alleging that Go violated the agreement SUMMARY JUDGMENTS
because the latter subleases the premises, said that she is
terminating the lease. Thereafter, Go filed an action for When proper
damages against Sunbanun. At the pre-trial, Sunbanun
moved for the case to be submitted for judgment on the It is proper where, upon motion filed after the issues had
pleadings considering that the only disagreement been joined and on the basis of the pleadings and papers
between the parties was the correct interpretation of the filed, the court finds that there is no genuine issue as to any
lease contract. Go did not object to the motion. The trial material fact except as to the amount of damages (Ley
court rendered judgment in favor of Go. Is judgment on Construction & Dev. Corp. v. Union Bank of the Phil., G.R.
the pleadings proper? No. 133801, June 27, 2000).

A: Yes. The trial court has the discretion to grant a motion NOTE: A claimant may at any time after the pleading in answer
for judgment on the pleadings filed by a party if there is no thereto has been served, and the defendant may, at any time,
move with supporting affidavits, depositions or admissions for a
controverted matter in the case after the answer is filed.
summary judgment in his favor upon all or any part thereof (Secs. 1
and 2, Rule 35).
The instant case is unusual because it was Sunbanun, and
not the claimant Go, who moved for a judgment on the Requisites of summary judgment
pleadings during the pre-trial. Sunbanun, in moving for a
judgment on the pleadings without offering proof as to the
1. The motion shall be served at least 10 days before the
truth of her own allegations and without giving Go the
time specified for the hearing. The adverse party may
opportunity to introduce evidence, is deemed to have
serve opposing affidavits, depositions, or admissions at
admitted the material and relevant averments of the
least 3 days before the hearing.
complaint, and to rest her motion for judgment based on
the pleadings of the parties (Sunbanun v. Go, G.R. No. NOTE: The hearing contemplated (with 10-day notice) is for
163280, February 2, 2010). the purpose of determining whether the issues are genuine
or not, not to receive evidence on the issues set up in the
Judgment on the pleadings v. Judgment by default pleadings. The matter may be resolved, and usually is, on the
basis of affidavits, depositions, admissions(Galicia v. Polo, L-
Judgment on the Judgment by Default 49668, Nov. 14, 1989; Carcon Devt. Corp. v. CA, GR 88218,
Pleadings December 17, 1989).
The defendant answered, The defendant did not
but did not tender an issue file an answer. 2. Except for the amount of damages, there must be no
or admitted the material genuine issue as to any material fact.
allegations in the
NOTE:There is genuine issue when an issue of fact is
complaint.
presented which requires presentation of evidence as
Evidence is not received as Evidence is received. distinguished from a sham, fictitious, contrived or false
the same is based on the claim(Monterey Foods Corp. v. Eserjose, G.R. No. 153126,
pleadings alone. September 11, 2003).
Decision is based on the Decision is based on the
allegations in the evidence presented. 3. The party presenting the motion for summary
pleadings. judgment must be entitled to a judgment as a matter
of law.

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Important features of Rule 35 Bases of summary judgment

1. There is no limitation as to the type of action in which 1. Affidavits made on personal knowledge;
the remedy is available (claim, counterclaim, cross 2. Depositions of the adverse party or a third party under
claim, declaratory relief); Rule 23;
2. The remedy is available to both parties alike; and 3. Admissions of the adverse party under Rule 26; and
3. The summary judgment procedure has been coupled 4. Answers to interrogatories under Rule 25. All intended
with deposition-discovery procedure (Feria & Noche, to show that:
2001). a. There is no genuine issue as to any material fact,
except damages which must always be proved;
Q: Garcia, et al. filed a complaint for quieting of title with and
writ of preliminary injunction with the RTC against Eland b. The movant is entitled to a judgment as a matter
Philippines, Inc. The latter found out that the lot was the of law.
subject of a land registration proceeding that had already
been decided by the same court. Eland thus filed a motion Burden of demonstrating the absence of genuine issue of
to dismiss. The motion was denied and the trial court fact
enjoined Eland to file its answer. Thereafter, Garcia et. al.
moved to declare Eland in default which was granted and The party who moves for summary judgment has the
the former were allowed to present evidence ex parte. burden of demonstrating clearly that the issue posed in the
After the many motions initiated by Eland were denied, complaint is patently unsubstantial so as not to constitute a
Garcia et. al. moved for summary judgment. The motion genuine issue for trial (Riano, 2011).
was granted and the trial court decided in Garcias et. al
favor. Is summary judgment proper? WHEN THE CASE IS NOT FULLY ADJUDICATED

A: No. Trial courts have limited authority to render Consequences when a case is not fully adjudicated
summary judgments and may do so only when there is
clearly no genuine issue as to any material fact. If on motion, judgment is not rendered upon the whole
case or for all the reliefs sought and a trial is necessary, the
Eland is already the registered owner of the parcel of land court at the hearing of the motion, by examining the
in question, pursuant to a decree of registration based on pleadings and the evidence before it and by interrogating
the ruling of the same court that granted the summary counsel shall ascertain what material facts exist without
judgment. By granting the summary judgment, the trial substantial controversy and what are actually and in good
court has in effect annulled its former ruling based on a faith controverted. It shall thereupon make an order
claim of possession and ownership of the same land for specifying the facts that appear without substantial
more than 30 years without the benefit of a full-blown controversy, including the extent to which the amount of
trial. The fact that Garcia et al. seek to nullify the original damages or other relief is not in controversy, and directing
certificate of title issued to Eland on the claim that the such further proceedings in the action as are just. The facts
former were in possession of the same land for a number of so specified shall be deemed established, and the trial shall
years, is already a clear indicium that a genuine issue of a be conducted on the controverted facts accordingly (Sec. 4,
material fact exists (Eland Philippines, Inc. v. Azucena Garcia Rule 35).
et. al, G.R. No. 173289, February 17, 2010).
Note: A partial summary judgment is not a final or appealable
FOR THE CLAIMANT judgment (Province of Pangasinan v. CA, 220 SCRA 726).

A party seeking to recover upon a claim, counterclaim, or


cross-claim or to obtain a declaratory relief may, at any Q: After Geoff has served and filed his answer to John's
time after the pleading in answer thereto has been served, complaint for damages, John served and filed a motion for
move with supporting affidavits, depositions or admissions a summary judgment in his favor upon all of his claims.
for a summary judgment in his favor upon all or any part Geoff served and filed his opposition to the motion. After
thereof (Sec. 1, Rule 35). due hearing, the court issued an order (1) stating that the
court has found no genuine issue as to any material fact
FOR THE DEFENDANT and thus concluded that John is entitled to judgment in his
favor as a matter of law except as to the amount of
A party against whom a claim, counterclaim or cross-claim damages recoverable, and (2) accordingly ordering that
is asserted or a declaratory relief is sought may, at any John shall have judgment summarily against Geoff for
time, move with supporting affidavits, depositions or such amount as may be found due John for damages, to
admissions for a summary judgment in his favor as to all or be ascertained by trial on October 7, 2004, at 8:30 in the
any part thereof (Sec. 2, Rule 35). morning. May Geoff properly take an appeal from said
order? Or, may Geoff properly challenge said order thru a
special civil action for certiorari? (2004 Bar Question)

87 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
A: The plaintiff may not properly take an appeal from said RENDITION OF JUDGMENTS AND FINAL ORDERS
order because it is an interlocutory order, not a final and
appealable order. It does not dispose of the action or Rendition of Judgment
proceeding. Partial summary judgments are interlocutory.
There is still something to be done, which is the trial for the Rendition of judgment is the filing of the same with the
adjudication of damages, but the defendant may properly clerk of court. Even if the judgment has already been put in
challenge said order thru a special civil action for certiorari writing and signed, it is still subject to amendment if it has
under Rule 65 on the ground of abuse of discretion not yet been filed with the clerk of court; and before its
amounting to lack or excess of jurisdiction. filing,it does not yet constitute the real judgment of the
court(Ago v. CA, 6 SCRA 530).
AFFIDAVITS AND ATTACHMENTS
Promulgation
Supporting and opposing affidavits shall be made on
personal knowledge, shall set forth such facts as would be It is the process by which a decision is published, officially
admissible in evidence, and shall show affirmatively that announced, made known to the public or delivered to the
the affiant is competent to testify to the matters stated clerk of court for filing, coupled with notice to the parties or
therein. Certified true copies of all papers or parts thereof their counsel (Herrera, 2007).
referred to in the affidavit shall be attached thereto or
served therewith (Sec. 5, Rule 35). NOTE: In civil cases, a judgment is rendered, while in criminal cases
and election cases, a judgment is rendered and promulgated
Should it appear to its satisfaction at any time that any of
the affidavits presented pursuant to the Rules are Q: In an election contest between Mr. Palma and Mr.
presented in bad faith, or solely for the purpose of delay, Monsod, the COMELEC en banc unanimously resolved the
the court shall forthwith order the offending party or dispute in favor of Monsod. COMELEC Commissioner Garci
counsel to pay to the other party the amount of the participated at the deliberation of the said resolution.
reasonable expenses which the filing of the affidavits However, when the resolution on the said dispute was
caused him to incur, including attorneys fees. It may, after promulgated by COMELEC en banc, Commissioner Garci
hearing, further adjudge the offending party or counsel was no longer a member of the COMELEC en banc. Mr.
guilty of contempt (Sec. 6, Rule 35). Palma contends that the decision of the COMELEC en banc
was null and void because Commissioner Garci, who took
JUDGMENT ON THE PLEADINGS VERSUS SUMMARY part in the resolution of the case, was no longer
JUDGMENTS connected with COMELEC. Is Mr. Palma correct?

Summary judgment v. Judgment on the pleadings (1989 A: No. A decision becomes binding only after it is validly
Bar Question) promulgated. Consequently, if at the time of the
promulgation of a decision or resolution, a member of the
Judgment on the Summary Judgment collegiate court who had earlier signed or registered his
Pleadings (Rule 35) vote has vacated his office, his vote is automatically
(Rule 34) withdrawn or cancelled. The Resolution, in this case,
Based solely on the Based on the pleadings, remains valid because it is still supported by a majority of
pleadings. depositions, admissions and the COMELEC en banc (Benwaren v. COMELEC, G.R. No.
affidavits. 169393, April 7, 2006).
Generally available only to Available to both plaintiff and
the plaintiff, unless the defendant. Preparation of a judgment
defendant presents a
counterclaim. A judgment or final order determining the merits of the
The answer fails to tender There is no genuine issue case shall be in writing personally and directly prepared by
an issue or there is an between the parties, i.e. there the judge, stating clearly and distinctly the facts and the law
admission of material may be issues but these are on which it is based, signed by him, and filed with the clerk
allegations. irrelevant. of the court (Sec. 1, Rule 36).
3-day notice for motion 10-day notice required.
No requirement to state in its decision all the facts found
required
in the records
On the merits May be interlocutory (i.e.
partial summary judgments)
While it is required that decisions, no matter how concisely
or on the merits.
written, be distinctly and clearly set forth the facts and the
law upon which they are based (Naguiat v. NLRC, 269 SCRA
NOTE: Even if the answer does not tender an issue, and therefore a
judgment on the pleadings is not proper, a summary judgment may 564), the rule however, does not require that the court
still be rendered if the issues tendered are not genuine, are shams, shall state in its decision all the facts found in the records
fictitious, contrived up, set-up in bad faith, patently unsubstantial (People v. Derpo, 168 SCRA 447). A decision need not be a
(Vergara v. Suelto, G.R. No. L-74766, December 21, 1987). complete recital of the evidence presented. So long as the
factual and legal basis is distinctly and clearly set forth, the
judgment is valid (Chan v. CA, 457 SCRA 502).

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88
CIVIL PROCEDURE
NOTE: A decision that does not clearly and distinctly state the facts When decision is binding on the parties
and the law on which it is based leaves the parties in the dark as to
how it was reached and is specially prejudicial to the losing party, A judgment or order whether final or interlocutory does not
who is unable to pinpoint the possible errors of the court for
bind the parties until and unless notice thereof is duly
review by a higher tribunal (Miguel v. JCT Group, Inc., 453 SCRA
529). served on them by any of the modes prescribed by law. This
is so even if the order or judgment has in fact been orally
Resolutions disposing of motion to dismiss pronounced in the presence of the parties or a draft
thereof drawn up and signed and/or copy thereof somehow
It is not only judgments which must distinctly and clearly read or acquired by any party.
state the facts and the law upon which they are based.
Under Sec. 3 of Rule 16, it is required that the resolutions Law of the case
disposing of motion to dismiss shall state clearly and
distinctly the reasons therefore (Riano, 2011). It is the opinion delivered on a former appeal. More
specifically, it means that whatever is once irrevocably
Rendition of a judgment based on issues not raised established as the controlling legal rule or decision between
the same parties in the same case continues to be the law
GR: A judgment must conform to the pleading and the of the case, whether correct on general principles or not, so
theory of the action under which the case was tried. A long as the facts on which such decision was predicated
judgment going outside the issues and purporting to continue to be the facts of the case before the court(Azuela
adjudicate something on which the parties were not heard v. CA, G.R. No. 122880, April 12, 2006, citing Tigno v.
is invalid. Therefore where a court enters a judgment or Aquino, G.R. No. 129416, November 25, 2004).
awards relief beyond the prayer of the complaint or the
NOTE: This rule does not apply to resolutions rendered in
scope of its allegations the excessive relief is not merely
connection with the case wherein no rationale has been
irregular but is void for want of jurisdiction, and is open to expounded on the merits of that action.
collateral attack.
Principle of stare decisis et non quieta movere
XPN: Such issues were tried with the express or implied
consent of the parties. It holds that a point of law, once established by the SC, will
generally be followed by the same court and by all courts of
Person to decide a case lower rank in subsequent cases involving a similar legal
issue. This proceeds from the legal principle that, in the
GR: A case once raffled to a branch belongs to that branch absence of powerful countervailing considerations, like
unless re-raffled or otherwise transferred to another cases ought to be decided alike.
branch in accordance with the established procedure.
When the Presiding Judge of that branch to which a case NOTE: It is founded on the necessity for securing certainty and
has been raffled or assigned is transferred to another stability in the law and does not require identity of or privity of
station, he leaves behind all the cases he tried with the parties.
branch to which they belong. He does not take these cases
with him even if he tried them and the same were ENTRY OF JUDGMENT AND FINAL ORDER
submitted to him for decision. The judge who takes over
this branch inherits all these cases and assumes full Entry of judgment
responsibility for them. He may decide them as they are his
cases. It refers to the physical act performed by the clerk of court
in entering the dispositive portion of the judgment in the
XPN: Any of the parties moves that his case be decided by book of entries of judgment and after the same has become
the judge who substantially heard the evidence and before final and executory. The record shall contain the dispositive
whom the case was submitted for decision (Valentin v. Sta. portion of the judgment or final order and shall be signed
Maria, G.R. No. L-30158, January 17, 1974). by the clerk of court, with a certificate by said clerk that the
judgment has already become final and executory (Sec. 2,
NOTE: A decision penned by a judge after his retirement cannot be Rule 36).
validly promulgated and cannot acquire a binding effect. In like
manner, a decision penned by a judge during his incumbency NOTE: If no appeal or motion for new trial or reconsideration is
cannot be validly promulgated after his retirement (Nazareno v. filed within the time provided in the Rules, the judgment or final
CA, G.R. No. 111610, February 27, 2002). order shall forthwith be entered by the clerk in the book of entries
of judgments (Sec. 2, Rule 36).
Judgment may be penned by a judge who did not hear the
evidence There are some proceedings the filing of which is reckoned from
the date of the entry of judgment:
It is not necessary that the judge who heard the evidence 1. The execution of a judgment by motion is within 5 years from
be the same judge who shall pen the decision. The judge the entry of the judgment (Sec. 6, Rule 39);
2. The filing of a petition for relief must be filed not more than 60
who originally tried the case may die, resign, be disabled or
days from knowledge of the judgment and not more than 6
transferred to another. In such an eventuality, another months from the entry of the judgment or final order (Sec. 3,
judge has to continue and finish the trial. Rule 38).

89 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
Finality of judgment XPNs: It may be attacked collaterally on the following
grounds:
1. Upon lapse of the reglementary period to appeal, 1. Lack of jurisdiction; or
with no appeal perfected within such period, the 2. The irregularity of its entry is apparent from the face
decision becomes final and executor (Sec. 1, Rule 39; of the record.
Banco de Brasil v. CA, G.R. Nos. 121576-78, June 16,
2000), and Effect of void judgments (Doctrine of Total Nullity)
2. Upon lapse of the reglementary period to file an MR,
decision rendered by the SC becomes final and A void judgment is in legal effect no judgment. By it no
executory. rights are divested, no rights can be obtained. Being
worthless in itself, all proceeding founded upon it are
Court to amend a judgment after the same has become equally worthless. It neither binds nor bars any one. All acts
executory performed under it and all claims flowing out of it are void.

GR: No, when a judgment is final and executory, it becomes Q: Jayson, a career service officer, was illegally dismissed
immutable and unalterable (Rule of immutability). from his position. Thus, Jayson filed a complaint for illegal
dismissal with the Career Executive Service Board (CESB).
XPNs: Courts may amend a judgment even if it has become While the said complaint was pending before the CESB,
executory in the following instances: Jayson filed a petition for quo warranto with the CA
1. To correct clerical errors or to make nunc pro tunc praying that he be reinstated to his former post. The CESB
entries (Philippine Economic Zone Authority v. Borreta, rendered a decision finding that Jayson was illegally
G.R. No. 142669, March 15, 2006); dismissed. The CA found that Jayson resigned and was not
illegally dismissed. Both decisions became final for failure
NOTE: A clerical error is one which does not involve an to appeal the same. Are the two decisions immutable and
exercise of judicial functions. unalterable in view of their finality?

2. To clarify an ambiguity which is borne out by and A: No, neither decision is immutable nor unalterable. As a
justifiable in the context of the decision; rule, a decision that has acquired finality becomes
immutable and unalterable. A final judgment may no longer
NOTE: The remedy is to file a motion for clarificatory be modified in any respect, even if the modification is
judgment.
meant to correct erroneous conclusions of fact and law;
and whether it be made by the court that rendered it or by
3. Judgments for support, which can always be amended
the highest court in the land. In this case, however, to hold
from time to time;
that both decisions are immutable and unalterable would
4. Void judgment.
cause confusion and uncertainty (Collantes v. CA, G.R. No.
169604, March 6, 2007).
Amended or clarified judgment v. Supplemental decision
Effect of a judgment or final order of a tribunal of a
Amended or Clarified Supplemental Decision foreign country having jurisdiction to render the judgment
Judgment or final order (2007 Bar Question)
It is an entirely new Does not take the place
decision and supersedes of or extinguish the 1. If the judgment is on a specific thing, the judgment is
the original judgment. original judgment. conclusive upon the title to the thing;
Court makes a thorough Serves to bolster or add 2. If the judgment is against a person, the judgment is
study of the original to the original presumptive evidence of a right as between the
judgment and renders the judgment. parties and their successor in interest by a subsequent
amended and clarified title.
judgment only after
considering all the factual Grounds in assailing the judgment or final order of a
and legal issues.
foreign country (2007 Bar Question)
Effect of amendment of judgment
1. Evidence of want of jurisdiction;
2. Want of notice to the party;
The date of the amendment should be considered as the
3. Collusion;
date of the decision for the computation of the period to
4. Fraud; or
perfect the appeal.
5. Clear mistake of fact or law.
Collateral attack on a Judgment

GR: The validity of a judgment or order of a court cannot be


collaterally attacked.

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CIVIL PROCEDURE
POST JUDGMENT REMEDIES

1. Before a judgment becomes final and executory, the


aggrieved party or losing party may avail of the following
remedies:
a. Motion for Reconsideration;
b. Motion for New Trial; and
c. Appeal.

2. After the judgment becomes executory, the aggrieved


party or losing party may avail of the following:
a. Petition for relief from judgment;
b. Action to annul judgment;
c. Certiorari; and
d. Collateral attack of a judgment.

MOTION FOR NEW TRIAL AND MOTION FOR RECONSIDERATION


GROUNDS; WHEN TO FILE

Motion for New Trial v. Motion for Reconsideration

MOTION FOR MOTION FOR RECONSIDERATION (MR)


NEW TRIAL (MNT)

1. Extrinsic fraud, accident, mistake or excusable 1. The damages awarded are excessive;
negligence (FAME) which ordinary prudence could 2. The evidence is insufficient to satisfy the
not have guarded against and by reason of which decision or final order; or
the rights of the aggrieved party were impaired; or 3. The decision or final order is contrary to law
Grounds 2. Newly discovered evidence, which could not with (Sec. 1, Rule 37).
reasonable diligence, have been discovered and
produced at the trial, and which if presented, would
probably alter the result (Sec. 1, Rule 37).

1. They shall be in writing, stating the ground or 1. They shall be in writing, stating the ground or
grounds therefore, a written notice of which shall grounds therefore, a written notice of which
be served by the movant on the adverse party (Sec. shall be served by the movant on the adverse
2, Rule 37). party (Sec. 2, Rule 37).
2. Affidavit of merit setting forth the particular facts 2. Must point out specifically the conclusion of
Requisites claimed to constitute a meritorious cause of action judgment;
in case the ground relied upon is FAME; 3. Express reference to testimonial or
3. In case of newly discovered evidence: documentary evidence or to provisions of law.
a. Affidavit of new witnesses; and
b. Duly authenticated documents to be introduced.

NOTE: The requirements are mandatory and non-compliance


therewith is fatal and renders the motion pro forma or a mere
scrap of paper and will not toll the reglementary period for
appeal.
Within the period for taking an appeal or within 15 days after notice to the appellant of the judgment or final
order appealed from. Where a record on appeal is required the appellant shall file a notice of appeal and a
record on appeal within 30 days after notice of the judgment or final order (Sec. 1, Rule 37).The filing of a
timely motion interrupts the period to appeal (Sec. 2, Rule 40; Sec. 3, Rule 41).
When to file
NOTE:No motion for extension of time to file a Motion for New Trial or Motion for Reconsideration shall be allowed (Sec. 2,
Rule 40).
Second motion may be allowed so long as based on GR:Single motion rule
grounds not existing or available at the time the first No party shall be allowed a second motion for
motion was made (Sec. 5, Rule 37). reconsideration of a judgment or final order (Sec.
5, Rule 37).

XPN: The SC may allow a second MR in the higher


interest of justice by the Court en banc upon a
vote of at least 2/3 of its actual membership.

91 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW

There is reconsideration in the higher interest of


justice when the assailed decision is not only
legally erroneous, but is likewise patently unjust
and potentially capable of causing unwarranted
and irremediable injury or damage to the parties.

A second motion for reconsideration can only be


entertained before the ruling sought to be
reconsidered becomes final by operation of law
or by the Courts declaration.

In the Division, a vote of three Members shall be


required to elevate a second motion for
reconsideration to the Court En Banc (Sec. 3, Rule
15, A.M. No. 10-4-20-SC).
When to file If denied, the remedy is to appeal from the judgment or final order (Sec. 9, Rule 37).
Resolution Both must be resolved within 30 days from the time it is submitted for resolution
Rule under Both are prohibited motions under Summary Procedure and Small Claims
Summary
Procedure and
Small Claims

Motion for New Trial Motion for New Trial v. Motion for Reopening of the Trial

It is a motion for the trial court to set aside the judgment or MOTION FOR MOTION FOR REOPENING OF
final order and grant a new trial (Riano, 2011). NEW TRIAL TRIAL
A motion must be The judge may act motu
Requisites of newly discovered evidence (Berry Rule) filed propio
Proper only after May properly be presented
1. The evidence was discovered after trial; promulgation of only after either or both
2. Such evidence could not have been discovered and judgment parties have formally offered
produced at the trial with reasonable diligence; and and closed their evidence
3. Such evidence is material, not merely cumulative, before judgment
corroborative or impeaching, and is of such weight that Based upon Controlled by no other than
if admitted would probably change the judgment(CIR v. specific grounds the paramount interest of
A. Soriano Corporation, GR No. 113703, January 31, mentioned in Sec. justice, resting entirely on the
1997). 37 in civil cases sound discretion of the court,
and Sec. 121 in the exercise of such shall not
NOTE: These requisites originated in the case of Berry v. State of criminal cases be reviewable on appeal
Georgia.
UNLESS a clear abuse thereof
is shown.
Newly discovered evidence need NOT be newly created
evidence
Motion for reconsideration (MR)
Newly discovered evidence need not be newly created
A motion for reconsideration under Rule 37 is one that is
evidence. It may and does commonly refer to evidence
directed against a judgment or a final order, and not the
already in existence prior or during trial but which could not
motion for reconsideration of an interlocutory order (Riano,
have been secured and presented during the trial despite
2011).
reasonable diligence on the part of the litigant (Tumang v.
CA, G.R. Nos. 82346-47, April 17, 1989).
Purpose of an MR
Newly discovered evidence v. Forgotten evidence
The purpose of an MR is precisely to request the court or
the quasi- judicial body to take a second look at its earlier
NEWLY DISCOVERED FORGOTTEN EVIDENCE judgment and correct any errors it may have committed
EVIDENCE therein (Reyes v. Pearl Bank Securities, GR No. 171435, July
Evidence was not Evidence was already 30, 2008).
available to a party available to a party and
during a trial, and was was not presented
discovered only through inadvertence or
thereafter. negligence of the
counsel; it is not a
ground for new trial.

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2014 GOLDEN NOTES
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CIVIL PROCEDURE
When partial reconsideration allowed Application of fresh period rule

If the court finds that a motion affects the issues of the case It applies to:
as to only a part, or less than all of the matters in 1. Rule 40 MTC to RTC
controversy, or only one, or less than all, of the parties to it, 2. Rule 41 Appeals from RTC
the order may grant a reconsideration as to such issues if 3. Rule 42 Petition for Review from RTC to CA
severable without interfering with the judgment or final 4. Rule 43 Appeals from quasi-judicial agencies to CA
order upon the rest (Sec. 7, Rule 37). 5. Rule 45 Appeals by certiorari to the SC

DENIAL OF THE MOTION; EFFECT MR as a requirement for filing a petition for certiorari
under Rule 65
The order denying an MNT or MR is not appealable, the
remedy being an appeal from the judgment or final order GR: MR is a condition sine qua non for filing a petition for
(Sec. 9, Rule 37). The movant has a fresh period of fifteen certiorari under Rule 65.
days from receipt or notice of the order denying or
dismissing the motion for reconsideration within which to NOTE: Its purpose is to grant an opportunity for the court to
file a notice of appeal. It is no longer assailable by correct any actual or perceived error attributed to it by re-
certiorari(Sec. 9, Rule 37, A.M. No. 07-7-12-SC). examination of the legal and factual circumstances of the case.

GRANT OF THE MOTION; EFFECT XPNs:

Effect if a MR is granted 1. Where the order is a patent nullity, as where the court
a quo has no jurisdiction;
The court may amend such judgment or final order 2. Where the questions raised in the certiorari
accordingly (Sec. 3, Rule 37). The amended judgment is in proceedings have been duly raised and passed upon by
the nature of a new judgment which supersedes the the lower court, or are the same as those raised and
original judgment, and is not a mere supplemental decision passed upon in the lower court;
(Esquivel v. Alegre, 172 SCRA 315). 3. Where there is an urgent necessity for the resolution
of the question and any further delay would prejudice
Effect if the MNT is granted the interests of the Government or of the petitioner or
the subject matter of the action is perishable;
If the motion for new trial is granted in accordance with the 4. Where, under the circumstances, a motion for
provisions of the rules, the original judgment shall be reconsideration would be useless;
vacated or set aside, and the action shall stand for trial de 5. Where petitioner was deprived of due process and
novo; but the recorded evidence taken upon the former there is extreme urgency for relief;
trial so far as the same is material and competent to 6. Where, in a criminal case, relief from an order of arrest
establish the issues, shall be used at the new trial without is urgent and the granting of such relief by the trial
retaking the same (Sec. 6, Rule 37). court is improbable;
7. Where the proceedings in the lower court are a nullity
Effect of an order reversing the grant of a new trial for lack of due process;
8. Where the proceeding were ex parte or in which the
Legally speaking, the effect of the order withdrawing the petitioner had no opportunity to object; and
grant of new trial is that the original judgment shall be 9. Where the issue raised is one purely of law or where
deemed as having been repromulgated. In other words, public interest is involved (Rep. of the Phils. v. Bayao,
since the original judgment had already been vacated, the G.R. No. 179492, June 5, 2013).
reconsideration of the grant of new trial does not in turn
vacate the said grant, although the original judgment is APPEALS IN GENERAL
given a new life (Pineda v. CA, GR No. L-38196 July 22,
Appeal
1975).
It is the elevation by an aggrieved party of any decision,
REMEDY WHEN MOTION IS DENIED, FRESH 15 DAY RULE
order or award of a lower body to a higher body, by means
of a document which includes the assignment of errors,
Fresh Period Rule or Neypes Rule
memorandum of arguments in support thereof, and the
reliefs prayed for (Technogas Philippines Manufacturing
To standardize the appeal periods provided in the Rules and
Corporation v. Clave, 08635-SP, May 31, 1979).
to afford litigants fair opportunity to appeal their cases, the
Court deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal, counted from the
receipt of the order dismissing a motion for new trial or
motion for reconsideration (Neypes v. CA, G.R. No. 141524,
September 14, 2005).

93 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
Constitutional right to appeal Final order

It is not a constitutional or a natural right (Canton v. City of One that puts an end to the particular matter resolved,
Cebu, G.R No. 152898, February 12, 2007). The right to leaving thereafter no substantial proceedings to be had in
appeal is not part of due process but a mere statutory connection therewith, except its execution (Bairan v. Tan
privilege that has to be exercised only in the manner and in Siu Lay, L-19460, December 28, 1966).
accordance with the provisions of law (Stolt- Nielsen v.
NLRC, GR No. 147623, December 13, 2005). Judgment

Basic guidelines regarding appeal The conclusion of the law upon the matters contained in
the record, or the application of the law to the pleadings
1. GR: No trial de novo (starting from the beginning) shall and to the facts, as found by the court or admitted by the
be made. The appellate courts must decide the case parties, or deemed to exist upon default in a course of
on the basis of the record. judicial proceedings (Gotamco v. Chan Seng, 46 Phil 550).

XPNs: MATTERS NOT APPEALABLE


a. When the proceedings were not duly recorded as
when there was absence of a qualified 1. Order denying a petition for relief or any similar
stenographer [Sec. 22(d), BO 129; Rule 21(d), motion seeking relief from judgment;
Interim Rules]; 2. Interlocutory order;
b. Instances when the CA may act as a trial court. 3. Order disallowing or dismissing an appeal;
4. Order denying a motion to set aside a judgment by
2. There can be no new parties; consent, confession or compromise on the ground of
3. There can be no change of theory (Naval v. CA, 483 fraud, mistake or duress, or any other ground
SCRA 102); vitiating consent;
4. There can be no new matters (Ondap v. Aubga, 88 5. Order of execution;
SCRA 610); 6. Judgment or final order for or against one or more of
5. There can be amendments of pleadings to conform to several parties or in separate claims, counterclaims,
the evidence submitted before the trial court (Dayao cross-claims and third-party complaints, while the
v. Shell, 97 SCRA 407); main case is pending, unless the court allows an
6. The liability of solidarity defendant who did not appeal appeal therefrom; and
is not affected by appeal of solidarity debtor (Mun. of 7. Order dismissing an action without prejudice, e.g.
Orion v. Concha, 50 Phil. 679); motion to dismiss on improper venue (Sec. 1 as Rule
7. Appeal by guarantor does not inure to the principal 41 amended by A.M. No. 07-7-12-SC).
(Luzon Metal v. Manila Underwriter, 29 SCRA 184); 8. A judgment based on compromise is not appealable
8. In ejectment cases, the RTC cannot award to the and is immediately executory.
appellant on his counterclaim more than the amount
of damages beyond the jurisdiction of the MTC REMEDY AGAINST JUDGMENTS AND ORDERS WHICH ARE
(Agustin v. Bataclan, 135 SCRA 342); NOT APPEALABLE
9. The appellate court cannot dismiss the appealed case
for failure to prosecute because the case must be In those instances where the judgment or final order is not
decided on the basis of the record (Rule 21, Interim appealable, the aggrieved party may file the appropriate
Rules). special civil action under Rule 65 (Sec. 1, Rule 41).

JUDGMENT AND FINAL ORDERS SUBJECT TO APPEAL Practically, it would be the petition for certiorari under Rule
65 that would be availed of under most circumstances. The
Judgment and final orders subject to appeal most potent remedy against those judgments and orders
from which appeal cannot be taken is to allege and prove
An appeal may be taken only from judgments or final that the same were issued without jurisdiction, with grave
orders that completely dispose of the case, or of a abuse of discretion or in excess of jurisdiction, all
particular matter therein when declared by the Rules of amounting to lack of jurisdiction.
Court to be appealable (Sec.1, Rule 41).

Interlocutory order

It is an order which does not dispose the case but leave


something to be done by the trial court on the merits of the
case.

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
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CIVIL PROCEDURE
MODES OF APPEAL 2. It is an error that affects the validity of the judgment
appealed from;
Different Modes of Appeal 3. It is an error which affects the proceedings;
4. It is an error closely related to or dependent on an
1. Ordinary appeal under Rule 40 from MTC to RTC assigned error and properly argued in the brief; or
5. It is a plain and clerical error (Ibid.)
a. Notice on appeal 15 day period
b. Record on appeal 30 day period NOTE: Exceptions provided by jurisprudence:

NOTE: Questions of fact or mixed questions of fact and law 1. The fact that appellants brief did not raise the lack of
jurisdiction of the trial court should not prevent the CA from
taking up the issue of lack of jurisdiction (Dy v. NLRC 145
2. Ordinary Appeal under Rule 41 from RTC in the
SCRA 211; Bar 1993).
exercise of its original jurisdiction to CA 2. SC is clothed with ample authority to review rulings even if
they are not assigned as errors on appeal, if it finds that their
a. Notice on appeal 15 day period consideration is necessary in arriving at a just decision of the
b. Record on appeal 30 day period case (Dumo v. Espinas, GR Np. 141962, January 25, 2006).
3. Though petitioners did not raise in issue the appellate courts
NOTE: Questions of fact or of law or mixed question of fact reversal of the award of damages in their favor, the Court has
and law that has been raised in the court below and is within the discretion to pass upon this matter and determine
the issues framed by the parties whether or not there is sufficient justification for the award
of damages (Sps. Romulo v. Sps. Layug, GR No. 151217,
3. Petition for review under Rule 42 RTC in its appellate September 8, 2006).
4. The CA is imbued with sufficient authority and discretion to
jurisdiction to CA
review matters, not otherwise assigned as errors on appeal, if
it finds that their consideration is necessary in arriving at a
NOTE: Questions of fact, of law, or mixed questions of fact complete and just resolution of the case or to serve the
and law interests of justice or to avoid dispensing piecemeal justice
(Asian Terminals v. NLRC, 541 SCRA 105).
4. Petition for review under Rule 43 Quasi-judicial
bodies to CA Basis of the Courts power to rule on issues NOT raised on
appeal
NOTE: Questions of fact, of law, or mixed questions of fact
and law
The court is imbued with sufficient authority and discretion
to review matters, not otherwise assigned as errors on
5. Appeal by certiorari under Rule 45
appeal, as it finds that the consideration is necessary in
a. RTC to SC (Sec. 2c, Rule 41) questions of law
arriving at a complete and just resolution of the case or to
b. CA to SC (Sec. 1, Rule 45) - questions of law
serve the interest of justice or to avoid dispensing
c. Sandiganbayan to SC (Sec. 1, Rule 45) - questions
piecemeal justice (Asian Terminals, Inc. v. NLRC, 541 SCRA
of law
105, 2007).
d. CTA en banc to SC (Sec. 11, RA 9282; Sec. 1 Rule
45 as amended by AM No. 07- 7-12- SC) -
Issues allowed to be raised for the first time on appeal
questions of law
e. Appeals from a judgment or final order in a
1. Lack of jurisdiction;
petition for a writ of amparoto the SC (AM No.
2. Where the lower court committed plain error;
07-9-12- SC) questions of fact and law
3. Where there are jurisprudential developments
f. Appeals from a judgment or final order in a
affecting the issues, or when the issues raised present
petition for a writ of Habeas Data(AM No. 08-1-
a matter of public policy.
16-SC) - questions of fact and law
g. Appeals from judgment or final order in a
PERIOD OF APPEAL
petition for writ of Kalikasan(AM No. 09-6-8-SC)
- questions of fact and law
Period of appeal via notice of appeal under Rule 40, 41,
42, 43, and 45
ISSUES TO BE RAISED ON APPEAL
A party-litigant may either file his notice of appeal within 15
Issues considered on appeal
days from receipt of courts decision orfile it within 15 days
from receipt of the final order denying his motion for new
GR: The appellate court shall consider no error unless
trial or motion for reconsideration.
stated in the assignment of errors (Sec. 8, Rule 51).
NOTE: Appeal in habeas corpus cases shall be taken within 48
XPNs: However the court may consider an error not raised hours from receipt of the courts decision or final order denying
on appeal provided the same falls within any of the motion for reconsideration or new trial.
following categories:

1. It is an error that affects the jurisdiction over the


subject matter;

95 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
Function of notice of appeal Rationale for allowing multiple appeals

The function of the notice of appeal is merely to notify the Allowance of multiple appeals enable the rest of the case to
trial court that the appellant is availing of the right to proceed in the event that a separate and distinct issue is
appeal, and not to seek the courts permission that he be resolved by the court and held to be final (Roman Catholic
allowed to pose an appeal (Crisologo v. Daray, AM No. RTJ- Archbishop Churchof Manila v. CA, G.R. No. 111324, July 5,
07-2036, August 30, 2006). It does not require the approval 1996).
of the court.
Fresh Period Rule or Neypes Rule
Appeal by record on appeal
Under the Fresh Period Rule, a party litigant may file his
The period is 30 days from receipt of courts decision or the notice of appeal within 15 days from receipt of the order
final order denying his motion for new trial or motion for denying his motion for new trial or reconsideration (Neypes
reconsideration. v. CA, G.R. No. 141524, September 14, 2005).

Notice of appeal v. Record on appeal Obviously, the new 15-day period may be availed of only if
either motion is filed; otherwise, the decision becomes final
NOTICE OF APPEAL RECORD ON APPEAL and executory after the lapse of the original appeal period.
Normally, appeal is Required only in Special This is intended to make the appeal period uniform.
made by filing a notice Proceedings and other
of appeal with the court cases of multiple or Rationale behind the Fresh Period Rule
which rendered the separate appeals
judgment or final order Pursuant to its sole prerogative to amend the procedural
appealed from rules, the SC deems it necessary to change the afore-stated
Deemed perfected as to Deemed perfected rule in order to standardize the appeal periods provided in
him upon the filing of upon the approval of the Rules of Court, to be counted from receipt of the order
the notice of appeal. record on appeal denying the motion for new trial and motion for
(Riano, 2009) reconsideration (whether full or partial or any final order or
resolution) and to afford litigants fair opportunity to appeal
Period of appeal is 15 Period of record on
their cases.
days appeal is 30 days

The court loses The court loses NOTE: The determinative issue is whether the fresh period rule
announced in Neypes could retroactively apply in cases where the
jurisdiction over the case jurisdiction only over
period for appeal had lapsed prior to 14 September 2005 when
upon the perfection of the subject matter Neypes was promulgated. That question may be answered with the
the appeal filed in due thereof upon approval guidance of the general rule that procedural laws may be given
time and the expiration of the records on retroactive effect to actions pending and undetermined at the time
of the time of the appeal appeal filled in due of their passage, there being no vested rights in the rules of
of the other parties time and the expiration procedure (Fil-Estate Properties, Inc. v. Homena-Valencia, G.R. No.
of the time to appeal of 173942, June 25, 2008).
the other parties.
Extending the period of appeal
Instances when record on appeal is required
The period of appeal may be extended under the sound
discretion of the court. However, the mere filing of the
A record on appeal is required in the following cases:
1. In special proceedings and in other cases of multiple motion for extension of time to perfect the appeal does not
suspend the running of the reglementary period.
or separate appeals (Sec. 3, Rule 40);
NOTE: If the extension of the period to appeal is granted, and the
NOTE: Not all special proceedings require record on appeal.
notice thereof is served after the expiration of the period to
It is necessary only in special proceedings where there are
appeal, the extension must be computed from the date of notice. If
multiple appeals, such as settlement of estate (De Leon,
no action is taken on the motion for extension, or if it is denied
2013).
after the lapse of the period to appeal, the right to appeal is lost.

2. In a judgment for recovery of property or partition


Instances where extension of time is allowed
with accounting (Roman Catholic Archbishop of
Manila v. CA, G.R. No. 111324, July 5, 1996);
Under Rule 42: The court may grant an additional period of
3. In a foreclosure of mortgage (Roman Catholic
15 days provided the extension is sought:
Archbishop of Manila v. CA, G.R. No. 111324, July 5,
1. Upon proper motion; and
1996); and
2. Upon payment of the full amount of the docket and
4. In a judgment for or against one or more of several
other lawful fees before the expiration of the
defendants, leaving the action to proceed against the reglementary period.
others (Sec. 4, Rule 36);
3. No further extension shall be granted except for the
5. In an action for partition of property with accounting
most compelling reason and in no case to exceed 15)
(Ibid.).
days

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
96
CIVIL PROCEDURE
Under Rule 45: The SC may for justifiable reason grant an 1. Appeal by notice of appeal perfected as to the party
extension of 30 days only within which to file the petition upon filing of the notice of appeal in due time with the
provided: court that rendered the judgment or final order
1. There is a motion for extension of time duly filed and appealed from and upon payment of the appellate
served; court docket fee.
2. There is full payment of the docket and other lawful
fees and the deposit for costs; and Effect: The court loses jurisdiction over the case upon
3. The motion is filed and served and the payment is made the perfection of the appeal filed in due time and the
before the expiration of the reglementary period (Sec. expiration of the time to appeal of the other parties
2, Rule 45).
2. Appeal by record on appeal perfected as to the party
Effect of Judgment on those who failed to appeal with respect to the subject matter thereof upon the
approval of the record on appeal filed in due time and
1. As to affirmative relief an appellee who has himself upon payment of the appellate court docket fee.
not appealed may not obtain from the appellate court
any affirmative relief other than what was granted in Effect: The court loses jurisdiction only over the
the decision of the lower court subject matter upon the approval of the records on
appeal filed in due time and the expiration of the time
2. As to reversal of judgment to appeal of the other parties

GR: Binding only on the parties in the appealed case 3. Appeal by petition for review upon the timely filing of
and does not affect or inure to the benefit of those who a petition for review and the payment of the
did not join or were not made parties to the appeal corresponding docket and other lawful fees, the
appeal is deemed perfected as to the petitioner.
XPN: Where the rights of the parties appealing are so
interwoven and dependent on each other as to be Effect: RTC loses jurisdiction over the case upon the
inseparable, in which case a reversal as to one operates perfection of the appeal and the expiration of the time
as a reversal to all. to appeal of the other parties (Sec. 4, Rule 40 in
relation to Sec. 9, Rule 41).
NOTE: Even if the appeal was filed out of time, the court still has
jurisdiction to admit and give due course to it, provided there are NOTE: In all cases, prior to the transmittal of the original record or
justifiable reasons. record on appeal to the appellate court, the trial court may,
motuproprio or on motion, dismiss the appeal for having been
PERFECTION OF APPEAL taken out of time or for non-payment of the docket and other
lawful fees on time. The court may also exercise its residual
Perfection of an appeal as a jurisdictional requirement powers.

Effect of non- payment of appellate docket fees


GR: Perfection of appeal within the reglementary period is
jurisdictional.
GR: Payment of docket fee is jurisdictional. Without such
payment, the appellate court does not acquire jurisdiction
XPN: When there has been FAME, resort to Petition for
over the subject matter of the action and the decision
relief from judgment under Rule 38 (Habaluyas v. Japson,
sought to be appealed from becomes final and executory
142 SCRA 208, 1986).
(Regalado v. Go, GR No. 167988, February 6, 2007).
Effect of perfected appeal
XPNs:
1. The failure to pay appellate court docket fee within
GR: Judgment is not vacated by appeal, but is merely
the reglementary period allows only discretionary
stayed and may be affirmed, modified or reversed or
dismissal, not automatic dismissal, of the appeal;
findings of facts or conclusions of law may be adopted by
2. Such power should be used in the exercise of the
reference.
courts sound discretion (Rep. v. Sps. Luriz, G.R. No.
158992, January 26, 2007).
XPN: Not applicable to civil cases under the Rules on
Summary Procedure which provides that the decision of the
Duty of the clerk of court of lower court upon perfection
RTC in civil cases governed by said Rule, including forcible
of appeal
entry and unlawful detainer cases, shall be immediately
executory without prejudice to a further appeal that maybe
Within 30 days after perfection of all the appeals it shall be
taken therefrom. Also, under Rule 43, an appeal from quasi-
the duty of the clerk of court of the lower court:
judicial bodies shall not stay the judgment unless the CA
1. To verify the correctness of the original record or the
directs otherwise.
record on appeal and to make a certification of its
correctness;
2. To verify the completeness of the records that will be
transmitted to the appellate court;

97 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
3. If found to be incomplete, to take such measures as APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE
may be required to complete the records; MTC
4. To transmit the records to the appellate court.If the
efforts to complete the records fail, the clerk of court Procedure of appeal from decisions of the MTC to the RTC
shall indicate in his letter of transmittal the exhibits or
transcripts not included in the records and the reasons
for their non-transmittal, and the steps taken or that Appeal decision of MTC by filing notice of
could be taken to have them available; and appeal within 15 days or 30 days where a
5. The clerk of court shall furnish the parties with copies of record on appeal is required from receipt
his letter of transmittal of the records to the appellate of judgment.
court (Sec. 10, Rule 41).
Copies of the notice, and record on appeal
NOTE: Prior to the transmittal of the original record or the record
on appeal to the appellate court, the trial court may motu proprio when required, shall be served on the
or on motion dismiss the appeal for having been taken out of time adverse party.
(Sec. 13, Rule 41).

The MTC clerk transmits record to the RTC


Residual jurisdiction of the court
within 15 days from perfection of appeal.
It refers to the authority of the trial court to issue orders for
the protection and preservation of the rights of the parties. Parties are given notice that the records
The concept of residual jurisdiction is available at a stage in have been received by the RTC.
which the court is normally deemed to have lost jurisdiction
over the case or the subject matter involved in the appeal.
There is no residual jurisdiction to speak of where no 1. Within 15 days from notice of appeal
appeal or petition has even been filed (Fernandez v. CA, 458 appellant submits memorandum to the
SCRA 454). RTC.
2. Within 15 days from receipt of
Residual jurisdiction/powers exercised by the trial court appellants memorandum appellee files
his memorandum.
1. Issue orders for the protection and preservation of the
rights of the parties which do not involve any matter
Dismissal of case without trial or without jurisdiction
litigated by the appeal;
2. Approve compromise agreements by parties after
1. If the lower court dismissed the case without trial on
judgment has been rendered;
the merits, RTC may:
a. Affirm- In such case, it is a declaration of the
NOTE: There is no rule that forbids litigants to settle amicably
even if there is a judgment already. merits of the dismissal;
b. Affirm and the ground of dismissal is lack of
3. Permit appeals of indigent litigants; jurisdiction over the subject matter The action
4. Order execution pending appeal in accordance with of the RTC is a mere affirmation of the dismissal.
Sec. 2, Rule 39; and The RTC shall try the case on the merits as if the
5. Allow withdrawal of appeal. case was originally filed with it;
c. Reverse it shall remand the case for further
NOTE: Provided these are done prior to the transmittal of the proceedings.
original record or the record on appeal even if the appeals have 2. If the case was tried on the merits by the lower court
already been perfected or despite the approval of the record on without jurisdiction over the subject matter, the RTC
appeal (Sec. 9, Rule 41). shall not dismiss the case if it has original jurisdiction,
but shall decide the case, and shall admit amended
Duration of the exercise of residual powers pleadings and additional evidence (Sec. 8, Rule 40).

1. Ordinary Appeal until the records are transmitted to


the appellate court Duty of the clerk of court of RTC upon receipt of the
complete record
2. Petition for review- until the CA gives due course to
the petition. The clerk of court of the RTC shall notify the parties of such
fact [Sec. 7 (a), Rule 40].

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Duties of the parties to whom notice was given by the Subject of an appeal under Rule 41
clerk of court
GR: An appeal may be taken from:
1. Within 15 days from such notice, it shall be the duty of
the appellant to submit a memorandum which shall 1. A judgment or final order that completely disposes of the
briefly discuss the errors imputed to the lower court, a case or
copy of which shall be furnished by him to the adverse 2. A particular matter therein when declared by the Rules
party. Failure of the appellant to file a memorandum to be appealable (Sec.1, Rule 41).
shall be a ground for dismissal of the appeal
2. Within 15 days from receipt of the appellants XPNs: No appeal may be taken from:
memorandum, the appellee may file his memorandum 1. An order denying a petition for relief or any similar
[Sec. 7 (b), Rule 40]. motion seeking relief from judgment;
2. An interlocutory order;
When case is considered submitted for Decision 3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by
Upon the filing of the memorandum of the appellee, or the consent, confession or compromise on the ground of
expiration of the period to do so, the case shall be fraud, mistake or duress, or any other ground vitiating
considered submitted for decision. The Regional Trial Court consent;
shall decide the case on the basis of the entire record of the 5. An order of execution;
proceedings had in the court of origin and such memoranda 6. A judgment or final order for or against one or more of
as are filed [Sec. 7 (c), Rule 40]. several parties or in separate claims, counterclaims,
cross-claims, and third party complaints, while the
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE main case is pending, unless the court allows an
RTC appeal therefrom; and
7. An order dismissing an action without prejudice.
3 Modes of Appeal from the decisions of the RTC
NOTE: In any of the foregoing circumstances, the aggrieved party
may file an appropriate special civil action as provided under Rule
1. Rule 41: Ordinary appeal or appeal by writ of error
65 (Ibid.).
This presupposes that the RTC rendered the judgment
or final order in the civil action or special proceeding in Title of the case when appealed to the CA under Rule 41
the exercise of its original jurisdiction and appeal is
taken to the CA on questions of fact or mixed In all cases appealed to the CA under Rule 41, the title of
questions of fact and law. The appeal is taken by the case shall remain as it was in the court of origin but the
notice of appeal or by record on appeal. This requires party appealing the case shall be referred to as the
the filing of brief which contains the assignment of appellant and the adverse party appellee (Sec. 1, Rule 44).
error.
Contents of appellants brief
NOTE: Rule 41 refers to appeals from RTC exercising original
jurisdiction. An appeal on pure questions of law cannot be
The appellants brief shall contain, in the order herein
taken to the CA and such improper appeal will be dismissed
pursuant to Sec. 2, Rule 50 (Regalado, 2012).
indicated, the following:
1. A subject index of the matter in the brief with a digest
2. Rule 42: Petition for review The questioned of the arguments and page references, and a table of
judgment or final order was rendered by RTC in the cases alphabetically arranged, textbooks and statutes
exercise of its appellate jurisdiction over a judgment or cited with references to the pages where they are
final order in a civil action or special proceeding cited;
originally commenced in and decided by a lower court. 2. An assignment of errors intended to be urged, which
The appeal is taken by a petition for review filed with errors shall be separately, distinctly and concisely
CA on questions of facts, of law or on mixed questions stated without repetition and numbered
of fact and law. consecutively;
3. Under the heading "Statement of the Case," a clear
3. Rule 45: Petition for review on certiorari Taken to the and concise statement of the nature of the action, a
SC only on questions of law from a judgment or final summary of the proceedings, the appealed rulings and
order rendered in a civil action or special proceeding orders of the court, the nature of the judgment and
by RTC in the exercise of its original jurisdiction. The any other matters necessary to an understanding of
appeal is taken by filing a petition for review on the nature of the controversy, with page references to
certiorari with SC (Regalado, 2009). the record;
4. Under the heading "Statement of Facts," a clear and
concise statement in a narrative form of the facts
admitted by both parties and of those in controversy,
together with the substance of the proof relating
thereto in sufficient detail to make it clearly
intelligible, with page references to the record;

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REMEDIAL LAW
5. A clear and concise statement of the issues of fact or Brief v. Memorandum
law to be submitted to the court for its judgment;
6. Under the heading "Argument," the appellants Brief Memorandum
arguments on each assignment of error with page Ordinary appeals Certiorari, prohibition,
references to the record. The authorities relied upon mandamus, quo warranto and
shall be cited by the page of the report at which the habeas corpus cases
case begins and the page of the report on which the Filed within 45 days; for Filed within 30 days from
citation is found; appellants or appellants receipt of the notice issued by
7. Under the heading "Relief," a specification of the order brief if appellants reply the clerk of court that all the
or judgment which the appellant seeks; and brief is filed within 20 evidence, oral and
8. In cases not brought up by record on appeal, the days documentary, is already
appellants brief shall contain, as an appendix, a copy attached to the record (Sec. 10,
of the judgment or final order appealed from (Sec. 13, Rule 44).
Rule 44). Contents specified by Shorter, briefer, only one issue
Rules involved No subject index or
NOTE: It shall be the duty of the appellant to file with the court, assignment of errors, just facts
within 45 days from receipt of the notice of the clerk that all the and law applicable
evidence, oral and documentary, are attached to the record, 7
copies of his legibly typewritten, mimeographed or printed brief,
Application of Rule 42 (1998, 1990, 2009 Bar Question)
with proof of service of 2 copies thereof upon the appellee (Sec. 7,
Rule 44).
Rule 42 applies to an appeal from the judgment or final
Contents of Appellees Brief order of the RTC to the CA in cases decided by the former in
the exercise of its appellate jurisdiction.
The appellees brief shall contain, in the order herein
indicated, the following: Q: The RTC affirmed the appealed decision of the MTC.
1. A subject index of the matter in the brief with a digest You are the counsel of the defeated party and he tells you
of the arguments and page references, and a table of to appeal the RTC's decision.
cases alphabetically arranged, textbooks and statutes 1. What mode of appeal will you adopt?
cited with references to the pages where they are 2. Within what time and in what court should you file
cited; your appeal? (1998 Bar Question)
2. Under the heading "Statement of Facts," the appellee
shall state that he accepts the statement of facts in the A:
appellants brief, or under the heading "Counter- 1. The mode of appeal is by petition for review under
Statement of Facts," he shall point out such Rule 42 of the Rules of Court.
insufficiencies or inaccuracies as he believes exist in 2. The period of appeal is within 15 days from notice of
the appellants statement of facts with references to the decision subject of the appeal or of the denial of a
the pages of the record in support thereof, but motion for new trial or reconsideration filed in due
without repetition of matters in the appellants time to the CA.
statement of facts; and
3. Under the heading "Argument," the appellee shall set Filing an appeal under Rule 42
forth his arguments in the case on each assignment of
error with page references to the record. The 1. A party aggrieved by the decision of RTC in the
authorities relied on shall be cited by the page of the exercise of its appellate jurisdiction, may file a verified
report at which the case begins and the page of the petition for review with the CA;
report on which the citation is found (Sec. 14, Rule 44). 2. At the same time paying to the clerk of said court the
corresponding docket and other lawful fees,
NOTE: Within 45 days from receipt of appellants brief, the depositing the amount of Php500.00 for costs, and
appellee shall file with the court 7 copies of his legibly typewritten, furnishing the RTC and the adverse party with a copy
mimeographed or printed brief, with proof of service of 2 copies of the petition;
thereof upon the appellant (Sec. 8, Rule 44). 3. The petition shall be filed and served within 15 days
from notice of the decision sought to be reviewed or
Purpose of an appellants/ appellees brief of the denial of petitioners MNT or MR filed in due
time after judgment;
To present to the court in a concise form the points and 4. Upon proper motion and the payment of the full
question in controversy, and by fair argument on the facts amount of the docket and other lawful fees and the
and law of the case, to assist the court in arriving at a just deposit for costs before the expiration of the
and proper conclusion/decision (De Liano v. CA, G.R. No. reglementary period, the CA may grant an additional
142316, November 22, 2001). period of 15 days only within which to file the petition
for review.
NOTE: Extensions of time for the filing of briefs will not be allowed 5. No further extension shall be granted except for the
except for good and sufficient cause and only if the motion for
most compelling reason and in no case to exceed 15
extension is filed before the expiration of the time sought to be
extended (Sec. 12, Rule 44). days (Sec. 1, Rule 42).

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Contents of the Petition for Review Doctrine of Residual Jurisdiction applicable to appeals
under Rule 42
The petition shall be filed in 7 legible copies, with the
original copy intended for the court being indicated as such Yes, provided that such residual jurisdiction/ power is
by the petitioner, and shall: exercised before the CA gives due course to the petition
1. State the full names of the parties to the case, without (Sec. 8, Rule 42).
impleading the lower courts or judges thereof either
as petitioners or respondents; Effect of an appeal of the judgment or final order under
2. Indicate the specific material dates showing that it was Rule 42
filed on time;
3. Set forth concisely a statement of the matters Except in civil cases decided under the Rule on Summary
involved, the issues raised, the specification of errors Procedure, the appeal, as a rule, shall stay the judgment or
of fact or law, or both, allegedly committed by the final order; unless the CA, the law or the rules shall provide
Regional Trial Court, and the reasons or arguments otherwise.
relied upon for the allowance of the appeal;
4. Must be accompanied by clearly legible duplicate Grounds for the CA to dismiss an appeal
originals or true copies of the judgments or final
orders of both lower courts, certified correct by the 1. Failure of the record on appeal to show on its face that
clerk of court of the Regional Trial Court, the requisite the appeal was taken within the period fixed by the
number of plain copies thereof and of the pleadings Rules;
and other material portions of the record as would 2. Failure to file the notice of appeal or the record on
support the allegations of the petition. appeal within the period prescribed by the Rules;
5. There must be a certification against forum shopping 3. Failure of the appellant to pay the docket and other
(Sec. 2, Rule 42). lawful fees as provided in Section 5 Rule 40 and Sec. 4
of Rule 41;
Effect of failure to comply with the requirements 4. Unauthorized alterations, omissions or additions in the
approved record on appeal as provided in Sec. 4 of
The failure of the petitioner to comply with any of the Rule 44
foregoing requirements regarding the payment of the 5. Failure of the appellant to serve and file the required
docket and other lawful fees, the deposit for costs, proof of number of copies of his brief or memorandum within
service of the petition, and the contents of and the the time provided by the Rules;
documents which should accompany the petition shall be 6. Absence of specific assignment of errors in the
sufficient ground for the dismissal thereof (Sec. 3, Rule 42). appellants brief, or of page references to the record
as required in Sec.13, paragraphs (a), (c), (d) and (f) of
Petition for review NOT a matter of right Rule 44;
7. Failure of the appellant to take the necessary steps for
It is not a matter of right but discretionary on the CA. It may the correction or completion of the record within the
only be given due course if it shows on its face that the time limited by the court in its order;
lower court has committed an error of fact and/or law that 8. Failure of the appellant to appear at the preliminary
will warrant a reversal or modification of the decision or conference under Rule 48 or to comply with orders,
judgment sought to be reviewed or dismiss the petition if it circulars, or directives of the court without justifiable
finds that it is patently without merit, or prosecuted cause; and
manifestly for delay, or the questions raised therein are too 9. The fact that the order or judgment appealed from is
unsubstantial to require consideration (Sec. 4, Rule 42). not appealable (Sec. 1, Rule 50; En Banc Resolution,
February 17, 1998).
Actions the CA may take in acting upon the petition
NOTE: The grounds are discretionary upon the appellate court.
The CA may require the respondent to file a comment on The very wording of the rule uses the word may instead of
the petition, not a motion to dismiss, within 10 days from shall. This indicates that it is only directory and not mandatory
notice, or dismiss the petition if it finds the same to be (Mercury Drug Corporation v. De Leon, G.R. No. 165622, October
patently without merit, prosecuted manifestly for delay, or 17, 2008).
that the questions raised therein are too unsubstantial to
require consideration (Sec. 4, Rule 42). When case deemed submitted for decision

Contents of comment on the petition If the petition is given due course, the CA may set the case
for oral argument or require the parties to submit
1. State whether or not he accepts the statement of memoranda within a period of 15 days from notice. The
matters involved in the petition; case shall be deemed submitted for decision upon the filing
2. Point out the insufficiencies or inaccuracies in of the last pleading or memorandum required by these
petitioners statement of facts and issues; and Rules or by the court itself (Sec. 9, Rule 42).
3. State the reasons why the petition should be denied or
dismissed (Sec. 5, Rule 42).

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REMEDIAL LAW
Q: Can a case decided by the RTC in the exercise of its Instances where the CA may act as a trial court (2008 Bar
appellate jurisdiction be appealed by way of a petition for Question)
review on certiorari under Rule 45?
1. In annulment of judgment under Secs. 5 and 6, Rule
A: No, where a case is decided by the RTC in the exercise of 47. Should the CA find prima facie merit in the
its appellate jurisdiction, regardless of whether the petition, the same shall be given due course and
appellant raises questions of fact, of law or mixed questions summons shall be served on the respondent, after
of fact and law, the appeal shall be brought to the CA by which trial will follow, where the procedure in ordinary
filing a petition for review under Rule 42 (Quezon City v. civil cases shall be observed.
ABS-CBN Broadcasting Corporation, G.R. No. 166408, 2. When a motion for new trial is granted by the CA, the
October 6, 2008). procedure in the new trial shall be the same as that
granted by a RTC (Sec. 4, Rule 53).
Appeals from quasi-judicial bodies NOT included under 3. A petition for habeas corpus shall be set for hearing
Rule 45 (Sec. 12, Rule 102).
4. In petition for writs of amparo and habeas data, a
Under the present Rule 45, appeals may be brought hearing can be conducted.
through a petition for review on certiorari but only from 5. Under Sec. 12, Rule 124 of the Rules of Criminal
judgments and final orders of the court enumerated in Sec. Procedure, the CA has the power to try cases and
1 thereof. Appeals from judgments and final orders of conduct hearings, receive evidence and perform any
quasi-judicial agencies are now required to be brought to and all acts necessary to resolve factual issues which
the CA on a verified petition for review, under the fall within its original and appellate jurisdiction.
requirements and conditions in Rule 43 which was precisely 6. The CA can grant a new trial based on the ground of
formulated and adopted to provide for a uniform rule of newly-discovered evidence (Sec. 14, Rule 124).
appellate procedure for quasi-judicial agencies (Fabian v. 7. The CA under Sec. 6, Rule 46, whenever necessary to
Desierto, G.R. No. 129742, September 16, 1998). resolve factual issues, may conduct hearing thereon or
delegate the reception of the evidence of such issues
NOTE: The mode of appeal under Rule 45 is applicable to criminal to any of its members or to an appropriate agency or
cases, except in those where the penalty imposed is death, office.
reclusion perpetua or life imprisonment (Sec. 9, Rule 45). 8. Human Security Act.

APPEAL FROM JUDGMENT OR FINAL ORDERS OF THE CA Appeal under Rule 45 NOT a matter of right
Review by SC on the findings of fact of the CA
Appeal under Rule 45 is not a matter of right, but of sound
judicial discretion with the exception of cases where the
GR: CAs findings of fact are final and conclusive and cannot
penalty of death, or reclusion perpetua where the an appeal
be reviewed on appeal to the SC. The SC shall not entertain
is a matter of right leaving the reviewing court without any
questions of fact because its jurisdiction is limited to
discretion (People v. Flores, G.R. No. 170565, January 31,
reviewing errors of law (Natividad v. MTRCB, GR No.
2006).
161422, December 13, 2007).
The following reasons may be considered in allowing the
XPNs:
petition:
1. The conclusion of the CA is grounded entirely on
1. When the court below has decided a question of
speculations, surmises and conjectures;
substance not yet determined by the SC;
2. The inference made is manifestly mistaken, absurd or
2. When the court below decided a question of substance
impossible;
in a way that is probably not in accord with the law or
3. There is grave abuse of discretion;
with the applicable decisions of the SC;
4. The judgment is based on misapprehension of facts;
3. When the court below has departed from the accepted
5. The findings of facts are conflicting;
and usual course of judicial proceedings or so far
6. The CA in making its findings went beyond the issues
sanctioned such a departure by a lower court, as to call
of the case and the same is contrary to the admissions
for the exercise of the power of supervision of the SC
of both appellant and appellee;
(Sec. 6, Rule 45).
7. The findings are contrary to those of the trial court;
8. The findings of facts are conclusions without citation
of specific evidence on which they are based;
9. The facts set forth in the petition as well as in the
petitioners main and reply briefs are not disputed by
the respondents;
10. The findings of fact of the CA are premised on the
supposed absence of evidence and contradicted by the
evidence on record; or
11. Those filed under Writs of amparo, habeas data, or
kalikasan.

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Instances when an appeal by Certiorari under Rule 45 may Contents of the verified petition for review on certiorari
apply
The petition shall be filed in 18 copies, with the original
Appeal by certiorari to the SC or petition for review on copy intended for the court being indicated as such by the
certiorari applies in the following cases: petitioner and shall:
1. Appeal from a judgment or final order of the RTC in 1. State the full name of the appealing party as the
cases where only questions of law are raised or are petitioner and the adverse party as the respondent,
involved and the case is one decided by the said court without impleading the lower courts or judges thereof
in the exercise of its original jurisdiction (Sec. 2(c), Rule either as petitioners or respondents;
41); 2. Indicate the material dates showing when notice of
2. Appeal from the judgment, final order or resolutions the judgment or final order or resolution subject
of the CA where the petition shall raise only questions thereof was received, when a motion for new trial or
of law (Sec. 1, Rule 45); reconsideration, if any, was filed and when notice of
3. Appeal from the judgment, final order or resolutions denial thereof was received;
of the Sandiganbayan where the petition shall raise 3. Set forth concisely a statement of the matters
only questions of law (Sec. 1, Rule 45); involved, and the reasons and arguments relied on for
4. Appeals from the decision or ruling of the CTA en banc the allowance of the petition;
(Sec. 11, RA 9282; Sec. 1, Rule 45 as amended by AM 4. Be accompanied by a clearly legible duplicate original,
No, 07-7-12-SC); or a certified copy of the judgment or final order or
5. Appeals from a judgment or final order in a petition for resolution certified by the clerk of court a quo and the
writ of amparo to the SC which may raise questions of requisite number of plain copies thereof, and such
fact, questions of law or of both fact and law (Sec. 19, material portions of the record as would support the
AM No. 08-1-16-SC, Rule on the writ of amparo, petition;
October 24, 2007); 5. Contain a sworn certification against forum shopping
6. Appeal from judgment or final order in a petition for (Sec. 4, Rule 45).
the writ of habeas data. The appeal may raise
questions of fact or law or both [AM No. 08-1-16-SC, NOTE: The petition for review on certiorari may include an
Rule on the writ of Habeas data (Sec. 19) February 2, application for a writ of preliminary injunction or other provisional
2008]. remedies. The petitioner may also seek the same provisional
7. Appeal from judgment or final order in a petition for remedies by verified motion filed in the same action or proceeding
at any time during its pendency (Sec. 1, Rule 45 as amended by
the writ of kalikasan where the appeal may raise
A.M. No. 07-7-12-SC effective December 27, 2007).
questions of fact or law or both (AM No. 09-6-8-SC,
Rules of Procedure for Environmental Cases, Part III, Petition for Review on Certiorari under Rule 45 v.
Rule 7). Certiorari under Rule 65

Only questions of law under Rule 45 PETITION FOR REVIEW ON SPECIAL CIVIL ACTION
CERTIORARI (RULE 45) ON CERTIORARI (RULE
The SC is not a trier of facts, and is not to review or
65)
calibrate the evidence on record. Moreover, the findings of
Mode of appeal which Special civil action; an
facts of the trial court, as affirmed on appeal by the CA, are
seeks to review final original action (Rule 65).
conclusive on the SC(Boston Bank of the Philippines v.
judgments and orders (Sec. It may be directed against
Manalo, GR No. 158149, February 9, 2006; Frondarina v.
2, Rule 41). an interlocutory order or
Malazarte, GR No. 148423, December 6, 2006).
matters where no appeal
Question of law vis--vis Question of fact may be taken from (Sec.1,
Rule 41).
A question of law exists when the doubt or controversy Rule 45 is but a Rule 65 is not part of the
concerns the correct application of law or jurisprudence to continuation of the appellate process but an
a certain given set of facts; or when the issue does not call appellate process over the independent action.
for an examination of the probative value of the evidence original case.
presented, the truth or falsehood of facts being admitted. A Raises questions of law Raises questions of
question of fact obtains when the doubt or difference jurisdiction
arises as to the truth or falsehood of facts or when the It shall be filed within 15 It shall be filed not later
query invites the calibration of the whole evidence days from notice of than 60 days from notice
considering mainly the credibility of the witnesses, the judgment or final order of judgment, order or
existence and relevancy of specific surrounding appealed from. resolution sought to be
circumstances, as well as their relation to each other and to assailed or from denial of
the whole, and the probability of the situation (Irene an MR or MNT.
Marcos-Araneta, et al. v. CA, G.R. No. 154096, August 22, Stays the judgment sought Does not stay the
2008). to be appealed judgment or order
subject of the petition
unless enjoined or
restrained.

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REMEDIAL LAW

The parties are the original The tribunal, board, Appeal to the SC by Petition for review on certiorari
parties with the appealing officer exercising judicial
party as the petitioner and or quasi-judicial functions A party adversely affected by a decision or ruling of the CTA
the adverse party as is impleaded as en banc may appeal therefrom by filing with the SC a
respondent without respondent (Sec. 5 Rule verified petition for review on certiorari within 15 days
impleading the lower court 65). from receipt of a copy of the decision or resolution, as
or its judge (Sec. 4 [a], Rule provided in Rule 45 of the Rules of Court. If such party has
45). filed a MR or for new trial, the period herein fixed shall run
Filed with the SC (Sec. 1, Filed with the RTC from the partys receipt of a copy of the resolution denying
Rule 45). (Section 21, BP 129); the motion for reconsideration or for new trial (Sec. 1, Rule
With the CA (Sec. 9, BP 16, A.M. No. 05-11-07-CTA).
129);
Effect of Appeal
With the SC (Sec. 5 [1]
Article VIII, 1987 The MNT or MR filed before the Court shall be deemed
Constitution). abandoned if, during its pendency, the movant shall appeal
to the SC (Sec. 1, Ibid.).
Motu Proprio denial of the Petition for Review by the SC
Q: Melissa filed with the BIR a complaint for refund of
1. The appeal is without merit; taxes paid, but it was not acted upon. So, she filed a
2. Prosecuted manifestly for delay; or similar complaint with the CTA raffled to one of its
3. That the questions raised therein are too unsubstantial divisions. Melissa's complaint was dismissed. Thus, she
to require consideration (Sec. 5, Rule 45) filed with the CA a petition for certiorari under Rule 65.
Does the CA have jurisdiction over Melissa's petition?
Availment of both remedies under Rule 45 and 65 (2006 Bar Question)

GR: A party cannot file a petition both under Rules 45 and A: No. A decision of a division of the CTA is appealable
65 of the Rules of Court because said procedural rules within 15 days to the CTA en banc. On the other hand, a
pertain to different remedies and have distinct applications. party adversely affected by a decision or ruling of the CTA
The remedy of appeal under Rule 45 and an original action en banc may file with the SC a verified petition for review
for certiorari under Rule 65 are mutually exclusive and not on certiorari pursuant to Rule 45 of the Rules.
alternative or cumulative. Thus, a party should not join
NOTE: RA 9282 expanded the jurisdiction of the CTA and elevated
both petitions in one pleading (NAMAPRI SPFL v. CA, GR.
the same to the level of a collegiate court equivalent to the rank of
Nos. 148839-49, November 2, 2006). the CA. Hence, the CA no longer has jurisdiction to review the
decisions of the CTA en banc.
XPN: The SC may set aside technicality for justifiable
reasons as when the petition before the Court is clearly REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
meritorious and filed on time both under Rule 45 and 65. In COA, COMELEC, CSC
accordance with the liberal spirit which pervades the Rules
of Court and in the interest of justice, The Court may treat A judgment, resolution or final order of the COMELEC and
the petition as having been filed under Rule 45 the COA may be brought by the aggrieved party to the SC
(International Corporate Bank, Inc. v. CA, GR 129910, on certiorari under Rule 65 by filing the petition within 30
September 5, 2006). days from notice of the judgment or final order (Sec. 2, Rule
64). On the other hand, judgments, final orders or
APPEAL FROM JUDGMENTS OR FINAL ORDERS OF THE CTA resolutions of the CSC may be taken to the CA under Rule
43 of the Rules of Court (Sec. 1, 3 Rule 43).
Filing an Appeal from a decision of the CTA
REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
An appeal from a decision or resolution of the CTA in OMBUDSMAN
Division on an MNT or MR shall be taken to the CTA En
Banc by petition for review as provided in Rule 43 of the Jurisdiction of CA to review the decisions in criminal and
Rules of Court (Sec. 4, Rule 8, A.M. No. 05-11-07-CTA). administrative cases of the Ombudsman

NOTE: The petition for review of a decision or resolution of the In administrative disciplinary cases, the rulings of the Office
Court in Division must be preceded by the filing of a timely MR or of the Ombudsman are appealable to the CA under Rule 43.
new trial with the Division before appealing to CTA En Banc in its Where the findings of the ombudsman on the existence of
exercise of appellate jurisdiction (Sec. 1. Ibid.).
probable cause in criminal cases is tainted with grave abuse
of discretion amounting to lack or excess of jurisdiction, the
aggrieved party may file a petition for certiorari with the SC
under Rule 65 (Enemecio v. Office of the Ombudsman, 419
SCRA 82).

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2014 GOLDEN NOTES
104
CIVIL PROCEDURE
In criminal cases, the ruling of the Ombudsman shall be Where to appeal from judgments and final orders of
elevated to the SC by way of Rule 65. quasi- judicial bodies

Remedy of a Party aggrieved by the Decision of the Appeals from judgment and final orders of quasi- judicial
Sandiganbayan bodies/agencies enumerated in Rule 43 are now required
to be brought to the CA under the requirements and
Decisions and final orders of the Sandiganbayan shall be conditions set forth in Rule 43 (Carpio v. Sulu Resource Dev.
appealable to the SC by way of certiorari under Rule 45 Corp., 387 SCRA 128).
raising pure questions of law (Sec. 1, Rule 45).
Issues raised on appeal
REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF THE
NLRC The appeal under Rule 43 may raise issues involving
questions of fact, of law or mixed questions of fact and law
The remedy is to promptly move for the reconsideration of (Sec.3, Rule 43).
the decision and if denied, to timely file a special civil action
of certiorari under Rule 65 within 60 days from notice of NOTE: Rule 43 is not applicable where the petition contains an
allegation that the challenged resolution is patently illegal and was
the decision. In observance of the doctrine of hierarchy of
issued with grave abuse of discretion and beyond respondents
courts, the petition for certiorari should be filed in the CA jurisdiction. The appropriate remedy is Rule 65 on certiorari.
(St. Martin Funeral Homes v. NLRC, G.R. No. 130866,
September 16, 1998). Effect of appeal on the award, judgment, final order or
resolution
NOTE: Those judgments and final orders or resolutions of the
Employees Compensation Commission should be brought to the CA The appeal shall not stay the award, judgment, final order
through a petition for review under Rule 43.
or resolution sought to be reviewed unless the CA shall
direct otherwise upon such terms as it may deem just (Sec.
REVIEW OF FINAL JUDGMENTS OR FINAL ORDERS OF
12, Rule 43).
QUASI- JUDICIAL AGENCIES
Remedy of a party aggrieved by the decision of a quasi-
Quasi-judicial agency
judicial agency
It is an organ of the government other than a court and
The aggrieved party must file a verified petition for review
other than a legislature, which affects the rights of private
under Rule 43 in 7 legible copies within 15 days from:
parties through either adjudication or rule-making.
1. Notice of the award, judgment, final order or
resolution; or
Agencies enumerated under Rule 43
2. Date of publication, if publication is required by law for
1. Civil Service Commission; its effectivity; or
2. Central Board of Assessment Appeals; 3. Denial of petitioners MNT or MR (Sec. 4, Rule 43).
3. Securities and Exchange Commission;
4. Office of the President; NOTE: The appeal may involve questions of fact, of law, or
5. Land Registration Authority; mixed questions of fact and law (Sec. 3, Ibid.).
6. Social Security Commission;
7. Civil Aeronautics Board; Contents of comment to the petition
8. Bureau of Patents, Trademarks and Technology
The comment shall:
Transfer;
1. Point out the insufficiencies or inaccuracies in
9. National Electrification Administration;
petitioners statement of facts and issues; and
10. Energy Regulatory Board;
2. State the reasons why the petition should be denied or
11. National Telecommunications Commission;
dismissed (Sec. 9 Rule 43).
12. Department of Agrarian Reform under RA 6657;
13. GSIS;
NOTE: It shall be filed within 10 days from notice in 7 legible copies
14. Employee Compensation Commission; and accompanied by clearly legible certified true copies of such
15. Agricultural Inventions Board; material portions of the record referred to therein together with
16. Insurance Commission; other supporting papers.
17. Philippine Atomic Energy Commission;
18. Board of Investments; Extension of time to file Petition for Review
19. Construction Industry Arbitration Commission; and
20. Voluntary Arbitrators authorized by law (Sec. 1 Rule Upon proper motion and the payment of the full amount of
43). the docket fee before the expiration of the reglementary
period, the CA may grant additional period of 15 days only
within which to file a petition for review. No further
extension shall be granted except for the most compelling
reason and in no case to exceed 15 days (Sec. 4, Rule 43).

105 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
Appeal from RTC as appellate court under Rule 42 v. Filed within 60 days from
Appeal from quasi-judicial agencies under Rule 43 knowledge of the
Filed within the time to
judgment and within 6
appeal.
RTC as Appellate Appeal from Quasi-judicial months from entry of
Court agencies (Rule 43) judgment
(Rule 42) Legal Remedy Equitable Remedy
Decision is stayed by GR: Decision is immediately
The order of denial is not
an appeal. executory. It is not stayed by The order of denial is not
appealable. The remedy
an appeal appealable; the remedy is
is to appeal from the
XPN: CA shall direct otherwise appropriate special civil
judgment or final order
upon such terms as it may action under Rule 65
on the merits.
deem just
Factual findings not Factual findings are conclusive Motion need not be
Petition must be verified.
conclusive to CA. upon CA if supported by verified.
substantial evidence.
NOTE: A party who has filed a timely motion for new trial cannot
RELIEF FROM JUDGMENTS, ORDERS AND OTHER file a petition for relief after the former is denied. The two
remedies are exclusive of one another(Sec. 9, Rule 38; Francisco v.
PROCEEDINGS
Puno, 108 SCRA 427).

Relief from judgment, orders and other proceedings


Who may avail
It is a legal remedy whereby a party seeks to set aside a
judgment rendered against him by a court whenever he A petition for relief from judgment together with an
was unjustly deprived of a hearing or was prevented from MNTand MR are remedies available only to parties in the
taking an appeal because of fraud, accident, mistake or proceedings where the assailed judgment is rendered. A
excusable neglect (Sec. 1, Rule 38; Quelnan v. VHF person who was never a party to the case, or even
Philippines, G.R. No. 138500, September 16, 2005). It is an summoned to appear therein, cannot avail of a petition for
equitable remedy that is allowed only in exceptional cases relief from judgment (Alaban v. CA, G.R. No. 156201,
when there is no other available or adequate remedy (Trust September 23, 2005, 470 SCRA 697).
International Paper Corp. v. Pelaez, 499 SCRA 552).
Proceedings after an answer is filed
Motion for new trial/reconsideration v. Petition for Relief
from judgment (1990 Bar Question) 1. After the filing of the answer or the expiration of the
period therefor, the court shall hear the petition
Motion for New Trial / and if after such hearing, it finds that the allegations
Petition for Relief from thereof are not true, the petition shall be dismissed.
Reconsideration (Rule
Judgment (Rule 38) 2. If the allegations are true, the court shall set aside
37)
Available before Available after judgment the judgment, final order or proceeding complained
judgment becomes final has become final and of upon such terms as may be just. Thereafter, the
and executory. executory. case shall stand as if such judgment, final order or
Applies to judgments, final proceedings had never been rendered, issued or
Applies to judgments or taken. The court shall then proceed to hear and
orders and other
final orders only. determine the case as if a timely motion for new
proceedings:
trial or reconsideration had been granted by it (Sec.
Grounds for motion for 6, Rule 38).
new trial:
NOTE: Failure to file an answer to the petition for relief does not
1. Fraud, accident, constitute default, even without such answer, the court will still
mistake or excusable have to hear the petition and determine its merits (Regalado,
negligence; (FAME) 2012).
2. Newly discovered
evidence (Sec. 1) Preliminary Injunction available pending the resolution of
the Petition for Relief
Grounds:(FAME)
Grounds for motion for
Fraud, accident, mistake or
reconsideration: 1. The The court may grant such preliminary injunction as may be
excusable negligence.
damages awarded are necessary for the preservation of the rights of the parties
excessive; 2. That the upon the filing of a bond in favor of the adverse party (Sec.
evidence is insufficient to 5, Rule 38).
justify the decision or
final order, or 3. That the NOTE: The bond is conditioned that if the petition is dismissed or
decision or final order is the petitioner fails on the trial of the case upon its merits, he will
pay the adverse party all damages and costs that may be awarded
contrary to law (Sec. 1).
to him by reason of issuance of such injunction or the other
proceedings following the petition (Ibid.).

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2014 GOLDEN NOTES
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CIVIL PROCEDURE
Lien acquired over the property is NOT discharged by a Q: May a defendant who has been declared in default
subsequent issuance of a writ of preliminary injunction right away avail of a petition for relief from the judgment
subsequently rendered in the case? (2007 Bar Question)
Where a writ of execution was already issued and levy was
made before the petition for relief was filed, the lien that A: No. The remedy of petition for relief from judgment is
may have been acquired over the property is not available only when the judgment or order in question is
discharged by the subsequent issuance of a writ of already final and executory, i.e., no longer appealable. It is
preliminary injunction. Therefore, if the petition is denied, an equitable remedy allowed only in exceptional cases from
the court has the power to reinstate the writ of execution final judgments or orders where no other remedy is
(Ayson v. Ayson, 101 Phil. 1223). available (Palmares et. al. v. Jimenez et al., 90 Phil. 773). It
will not be entertained when the proper remedy is appeal
Execution of the judgment may proceed even if the Order or certiorari (Fajardo v. Bayona et al., 98 Phil. 659).
denying the Petition for Relief is pending appeal
CONTENTS OF THE PETITION
Unless a writ of preliminary injunction has been issued,
execution of the judgment shall proceed even if the order Form and contents of Petition for Relief
denying the petition for relief is pending on appeal. Said
writ may be sought either in the trial or appellate courts 1. The petition for relief must be verified;
(Service wide Specialists, Inc. v. Sheriff of Manila, at. al., 2. It must be supported by affidavit showing FAME relied
G.R. No. 74586, October 17, 1986). upon; and
3. The affidavit of merit accompanying the petition must
Order granting Petition for Relief is interlocutory and non- also show facts constituting the petitioners good or
appealable substantial cause of action or defense (Sec.3, Rule 38).

An order granting petition for relief is interlocutory and Affidavit of Merit


non-appealable (Regalado, 2012).
It recites the nature and character of FAME on which the
GROUNDS FOR AVAILING THE REMEDY motion is based. It serves as the jurisdictional basis for the
court to entertain a petition for relief. However, it is not a
1. A judgment or final order is entered, or any other fatal defect to warrant denial of the petition so long as the
proceeding is thereafter taken against a party in any facts required to be set out also appear in the verified
court through fraud, accident, mistake, or excusable petition.
negligence (Sec. 1, Rule 38); or
2. The petitioner has been prevented from taking an NOTE: The absence of an affidavit of merits is a fatal defect and
appeal by fraud, accident, mistake, or excusable warrants denial of the petition (Fernandez v. Tan Tiong Tick, L-
negligence (Sec. 2, Rule 38). 15877, April 28, 1961), unless the facts required to be set out in the
affidavit of merits also appear in the verified petition (Fabar, Inc. v.
NOTE: Rodelas, L-46394, October 26, 1977).
1. If the petition is filed because of the first ground, the petition
shall be filed in such court and in the same case (not in Issuance by the Court of the Order to Answer
another or higher court). The petition shall pray that the
judgment, order or proceeding be set aside (Sec. 1, Rule 38). When the petition is sufficient in form and substance to
2. If the petition is filed under the second ground, the petition justify relief, the court in which it is filed, shall issue an
shall likewise be filed in such court and in the same case (not order requiring the adverse parties to answer the same
in another or higher court) but the prayer this time is that the
within 15 days from the receipt thereof (Sec. 4, Rule 38).
appeal be given due course (Sec. 2, Rule 38).
NOTE: The order shall be served in such manner as the court may
TIME TO FILE PETITION direct, together with copies of the petition and the accompanying
affidavits (Ibid.).
When to file
ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
1. Within 60 days after the petitioner acquired RESOLUTIONS
knowledge of the order, judgment or proceedings and
not from the date he actually read the same (Perez v. Annulment of Judgment
Araneta, 103 Phil. 1141).
It is a remedy in law independent of the case where the
2. Not more than 6 months from entry of such judgment, judgment sought to be annulled was rendered.
order or other proceeding (Sec. 3, Rule 38).
Like a petition for relief, an action for annulment of a
NOTE: These two periods must concur and are also not extendible judgment is a recourse equitable in character, allowed only
and never interrupted (Quijano v. Tameta, L-16473, April 20, 1961). in exceptional cases where there is no available adequate
These periods cannot be subject to a condition or a contingency as
remedy (Ramos v. Combong, G.R. No. 144273, October 20,
they are devised to meet a condition or a contingency (Vda. De
Salvatierra v. Garlitos, 103 Phil. 157).
2005).

107 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
NOTE: A co-equal court cannot annul the final judgment of a Contents of the Petition
similar court. CA has exclusive jurisdiction over actions for
annulment of judgments of RTC. An action to annul a judgment or 1. Verified petition alleging
final order of MTC shall be filed in the RTC having jurisdiction in the
a. The facts and the law relied upon for annulment
former and it shall be treated as an ordinary civil action (Secs. 1
&10, Rule 47). b. As well as those supporting the petitioners good
and substantial cause of action or defense, as
Purpose the case may be;
2. A certified true copy of the judgment or final order or
To have the final and executory judgment set aside so that resolution intended for the court and indicated as such
there will be renewal of litigation. by the petitioner;
3. Affidavits of witnesses or documents supporting the
Who may file cause of action or defense;
4. Sworn certification against forum shopping (Sec. 4,
An action for annulment can be filed by one who was not a Rule 47).
party to the action in which the assailed judgment was
rendered. It is a remedy in law independent of the case NOTE: The procedure in ordinary civil cases shall be observed.
where the judgment sought to be annulled is promulgated Should a trial be necessary, the reception of the evidence may be
(Villanueva v. Nite, 496 SCRA 459). referred to a member of the court or a judge of a RTC (Sec.6, Rule
47).
A person need not be a party to the judgment sought to be
annulled. What is essential is that he can prove his GROUNDS FOR ANNULMENT
allegation that the judgment was obtained by the use of
fraud and collusion and he would be adversely affected Grounds for the Annulment of judgment of the RTC (1998
thereby (Islamic Dawah Council v. CA, G.R. No. 80892, Bar Question)
September 29, 1989).
1. Lack of jurisdiction over the subject matter and over
When available the person May be barred by estoppels by laches,
which is that failure to do something which should be
The remedy of annulment of judgment may be availed of done or to claim or enforce a right at a proper time or
when the ordinary remedies of new trial, appeal, petition a neglect to do something which one should do or to
for relief or other appropriate remedies are no longer seek or enforce a right at a proper time.
available through no fault of the petitioner (Sec. 1, Rule 47). 2. Denial of due process (Alaban v. CA, G.R. No. 156021,
September 23, 2005).
NOTE: If the petitioner fails to avail of those other remedies
without sufficient justification, he cannot resort to the action for NOTE: Extrinsic fraud or collateral fraud not a valid ground if it
annulment provided in the Rules, otherwise he would benefit from was availed of, or could have been availed of in a motion for new
his own inaction or negligence (Regalado, 2012). trial or petition for relief.

Where filed Extrinsic Fraud

Judgments of RTC Judgments of MTC Fraud is regarded as extrinsic where it prevents a party
Filed with the CA Filed with the RTC from having a trial or from preventing a party from having a
Basis It has exclusive Basis RTC as a court trial or from presenting his entire case to the court, or
original jurisdiction over said of general jurisdiction where it operates upon matters pertaining not to the
action under Rule 47 under Sec. 19 (6), BP judgment itself but to the manner in which it is procured
129 (Alaban v. CA, GR no. 156021, September 23, 2005).
CA may dismiss the case RTC has no such
outright; it has the discretion discretion. It is required Extrinsic Fraud v. Intrinsic Fraud
on whether or not to to consider it as an
entertain the petition. ordinary civil action. Extrinsic or Collateral Intrinsic Fraud
Fraud
Annulment of Judgments of quasi-judicial bodies It is the kind of fraud It refers to the acts of a
that prevents the party at the trial that
Annulment of judgment does not apply to judgments aggrieved party from prevents a fair and just
rendered by quasi-judicial bodies. It does not apply also to having a trial or determination of the case,
decisions or orders of the Ombudsman in administrative presenting his case to and that could have been
cases whose decisions or orders may be appealed to the CA the court, or is used to litigated and determined at
under Rule 43 (Macalalag v. Ombudsman, G.R. No. 147995, procure the judgment the trial or adjudication of
March 5, 2004). without fair the case, such as
submission of the falsification, false testimony
The silence of BP 129 on the jurisdiction of the CA to annul controversy (Magno v. and does not constitute a
judgments or final orders and resolutions of quasi-judicial CA, et. al., L-28486, ground for new trial (Tarca
bodies like the DARAB indicates its lack of such authority. September 10, 1981). v. Carretero, 99 Phil. 419).

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PERIOD TO FILE ACTION Effect of annulment on the ground of extrinsic fraud

Period to file action Where the annulment was based on extrinsic fraud
committed by the offending party, the court may, on
1. If based on extrinsic fraud, the action must be filed motion order the trial court to try the case as if a timely
within 4 years from its discovery. motion for new trial had been granted therein (Sec. 7, Rule
2. If based on lack of jurisdiction, the action must be 47).
brought before the action is barred by laches or
estoppel (Sec. 3, Rule 47). Prescriptive period for refiling of the original action
deemed suspended
Estoppel v. Laches
The prescriptive period for the refiling of the original action
Estoppel Laches shall be deemed suspended from the filing of such original
It is that failure to do It is such inexcusable action until the finality of the judgment of annulment.
something that should delay in the assertion of However, it shall not be deemed suspended if the extrinsic
be done or to claim or rights or a failure to fraud is attributable to the plaintiff in the original action
enforce a right at a prosecute a claim, (Sec. 8, Rule 47).
proper time or a neglect within a reasonable and
to do something which proper period, which NOTE: For purposes of computing the prescriptive period within
which the same original action may be refiled as authorized by the
one should do or warrants the
Rules, the prescriptive period provided by law for such type of
enforce a right at a presumption that the action must first be considered. From that period shall be deducted
proper time party has waived his the length of time which transpired from the date when the action
right (Regalado, 2009). was originally filed in the trial court up to the finality of the
judgment which eventually annulled the questioned judgment of
that trial court. The resulting balance of the prescriptive period
EFFECTS OF JUDGMENTS OF ANNULMENT may then be availed of the by aggrieved party for the refilling of
the same action (Regalado, 2012).
Effect of a Judgment of Annulment
Reliefs available in a judgment of Annulment
1. If based on lack of jurisdiction - It shall have the effect
The judgment of annulment may include the award of
of setting aside the questioned judgment or final order
damages and attorneys fees. The court may also issue
and rendering the same null and void but the
orders of restitution or other reliefs as justice and equity
judgment of annulment is without prejudice to the
may warrant under the circumstances (Sec. 9, Rule 47).
refilling of the original action in the proper court
(Sec.7, Rule 47).
COLLATERAL ATTACK OF JUDGMENTS
NOTE: The prescriptive period for the refiling of the action
shall be deemed suspended from the filing of such original
Collateral attack on judgment
action until the finality of the judgment of annulment. But
shall not however, be suspended where the extrinsic fraud is It is made in another action to obtain a different relief, an
attributable to the plaintiff in the original action (Sec. 8, Rule attack on the judgment is made as an incident in said
47). action. This is proper only when the judgment, on its face is
null and void, as where it is patent that the court which
2. If based on extrinsic fraud- The court, upon motion, rendered such judgment has no jurisdiction (Co v. CA, 196
may order the trial court to try the case as if a motion SCRA 705).
for new trial was granted (Sec. 9, Rule 47).
Direct attack on judgment

A direct attack of a judgment is an independent action must


Remedy in case of annulment on the ground of lack of be filed to challenge the validity of judgment whose nullity
jurisdiction is not patent on its face.

In case of lack of jurisdiction over the subject matter of the Distinction between a direct attack and a collateral attack
case, the aggrieved party may refile the action in the proper
court. Where however, the reason for such annulment was A Direct attack is made through an action or proceeding the
because of lack of jurisdiction over the defendant, the main object of which is to annul, set aside or enjoin the
action may be refiled in the same original court provided it enforcement of such judgment if not yet carried into effect;
has jurisdiction over the subject-matter and is the court of or if the property has been disposed of, the aggrieved party
proper venue or no issue on venue is raised (Regalado, may sue for recovery. A collateral attack is made when, in
2012). another action to obtain a different relief, an attack on the
judgment is made as an incident in said action (Co v. CA,
196 SCRA 705).

109 UNIVERSITY OF SANTO TOMAS


FACULTY OF CIVIL LAW
REMEDIAL LAW
EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS now MAA General Insurance Inc., GR No. 167976,
January 20, 2010).
Execution is a process provided by law for the enforcement
of a final judgment. It is fruit and end of suit (Cagayan de How issued
Oro Coliseum v. CA, 320 SCRA 731; Ayov. Violago-Isani, 308
SCRA 543). Once a judgment becomes final and executory, the
prevailing party can have it executed as a matter of right,
DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR and the issuance of a writ of execution becomes the
PURPOSES OF APPEAL; FOR PURPOSES OF EXECUTION ministerial duty of the court (Buaya v. Stronghold Insurance
Co. Inc. 342 SCRA 576).
Final Judgment
Execution shall issue upon motion. Even in judgments
The term final is used in two senses depending on which are immediately executory, there must be a motion
whether it is used on the issue of appeal ability or on the to that effect and a hearing called for that purpose. A
issue of binding effect (Regalado, 2012). decision which is immediately executory does not mean
1. For the purposes of appeal, it refers to a judgment that dispensing with 3-day notice required by Sec, 10(c) of Rule
disposes of a case in a manner that leaves nothing 39 in the implementation of a writ of execution. A sheriff
more to be done by the court in respect thereto. In who enforces the writ without the required notice is
this sense, a final judgment is distinguished from an running afoul with rules (Calaunan v. Madolaria, A.M. No.
interlocutory order which does not finally terminate or P-10-2810 February 8, 2011).
dispose of the case (Rudecon Management Corp. v.
Singson, 454 SCRA 612). Refusal of the Court to issue a writ of execution
2. For the purposes of Binding effect, the word final
may refer to a judgment that is no longer appealable GR: Execution of judgment is a matter of right on the part
and is already capable of being executed because the of the winning party. The court cannot refuse execution.
period for appeal has elapsed without a party having
perfected an appeal or if there has been appeal, it has XPNs:
already been resolved by a highest possible tribunal 1. When execution is sought more than 5 years from its
(PCGG v. Sandiganbayan, 455 SCRA 526). In this sense, entry without the judgment having been revived
the judgment is commonly referred to as one that is 2. When the judgment has already been executed by the
final and executory. voluntary compliance thereof by the parties (Cunanan
v. CA, G.R. No. L-25511, September 28, 1968)
Final judgments for purposes of appeal v. Final judgments 3. When the judgment has been novated by the parties
for purposes of execution (Dormitorio v. Fernandez, G.R. No. L-25897, August 21,
1976)
Final Judgments for Final Judgments for
purposes of appeal purposes of execution NOTE: The parties, despite the existence of a judgment, are
at liberty to novate a judgment by entering into a
Dispose of, adjudicate, Becomes final and compromise. A compromise is a contract recognized by
or determine the right of executory by operation of substantive law (Art. 2028, NCC).
the parties. law.
Still subject to appeal After lapse of period to 4. When a petition for relief is filed and a preliminary
appeal and no appeal was injunction is granted in accordance with Sec. 5, Rule 38
perfected, no further 5. When the judgment sought to be executed is
action can be had. conditional or incomplete (Co Unjieng v.
Execution of judgment is Execution of judgment a HijosMabalacat Sugar Co., G.R. No. L-32644, October
not a matter of right. matter of right. 4, 1930; Del Rosario v. Villegas, G.R. No. L-25726,
November 22, 1926)
WHEN EXECUTION SHALL ISSUE 6. When facts and circumstances transpire which would
render execution inequitable or unjust (Bacharach
AS A MATTER OF RIGHT Corp. v. CA, G.R. No. 128349, September 25, 1998)
7. When execution is sought against property exempt
Execution as a matter of right from execution under Sec. 13, Rule 39;
8. On equitable grounds, as when there has been change
Execution will issue as a matter of right when: in the situation of the parties which makes execution
1. The judgment has become final and executor (Sec. 1, inequitable (Luna v. IAC, GR No. 68374, June 18, 1985).
Rule 39);
2. Judgment debtor has renounced or waived his right to Remedy if a Motion for Execution is denied
appeal;
3. The period for appeal has lapsed without an appeal The remedy is mandamus. The issuance of writ of execution
having been filed; is a ministerial duty of court under Sec. 1 of Rule 39,
4. Having been filed, the appeal has been resolved and compellable by writ of mandamus (Greater Metropolitan
the records of the case have been returned to the Manila Solid Waste Management Committee v. Jancom
court of origin (Florendo v. Paramount Insurance Corp,

UNIVERSITY OF SANTO TOMAS


2014 GOLDEN NOTES
110
CIVIL PROCEDURE
Environmental Corporation, G.R. No. 163663, June 30, 5. Where the defendants are exhausting their income
2006). and have no other property aside from the proceeds of
a property subject of the action;
AS A MATTER OF DISCRETION 6. Where the judgment debtor is in imminent danger of
insolvency or is actually insolvent;
Discretionary execution 7. Where the prevailing party is of advanced age and in a
precarious state of health, and the obligation in the
It constitutes an exception to the rule that a judgment judgment is non-transmissible; and
cannot be executed before the lapse of the period for 8. Where the case involved escrow deposits and the
appeal or during the pendency of an appeal. The execution prevailing party posts sufficient bond to answer for
of a judgment under this concept is addressed to the damages in case of reversal of the judgment
discretionary power of the court and cannot be insisted (Regalado, 2012).
upon. Discretionary execution may only issue upon good
reasons to be stated in a special order after due hearing Where to file an application for discretionary execution
(Sec. 2, Rule 39).
1. The motion for discretionary execution shall be filed
NOTE: Good reasons have been held to consist of compelling with the trial court:
circumstances that justify immediate execution lest the judgment a. While it has jurisdiction over the case and
becomes illusory. Circumstances must be superior, outweighing b. While it is in possession of either the original
the injury or damages that might result should the losing party
record or the record on appeal; or
secure a reversal of the judgment (Florendo v. Paramount
Insurance Corp., G.R. No. 167976, January 20, 2010).
2. After the trial court has lost jurisdiction, the motion for
Requisites for discretionary execution execution pending appeal may be filed in the appellate
court (Bangkok Republic Company Limited v. Lee, G.R.
1. There must be a motion filed by the prevailing party No. 159806, January 20, 2006).
with notice to the adverse party;
NOTE: In either instance, and whether it is a regular judgment or a
2. There must be a hearing of the motion for special judgment such as several, separate or partial judgment, the
discretionary execution; same procedur