Академический Документы
Профессиональный Документы
Культура Документы
1
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
A8 S5 P1
2
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
3
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
No petition for review or motion for Not a ground for A ground for motu
reconsideration of a decision of the court motu proprio proprio dismissal
shall be refused due course or denied dismissal, except in
without starting the legal basis therefor. Summary Procedure
4
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
5
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
JURISDICTION
6
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
7
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
8
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Summary Procedure:
9
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
10
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
11
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Both real and Both real and Pleading in which a defending party
personal properties personal properties sets forth his defenses
are involved may also be
involved
12
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Reply
Answer to counter counter claim
Initiatory Pleadings Answer to counter cross claim
Original complaint
Permissive counterclaim
Cross claim A motion IS NOT A PLEADING
Third party complaint
4th party complaint A position paper IS NOT A PLEADING
Complaint in intervention
Petition A memorandum IS NOT A PLEADING
In special civil actions
In special proceedings Why?
Counter counter claim
Counter cross claim Motion is an application for relief other
than by a pleading (R15 S1)
Counter Counter Counter Cross
Claim Claim Position Paper and Memorandum only
narrate facts of the case, issues, no cause
Any claim which Any claim which a of action, no defenses, but only contain
defending party in a defending party in a discussions
counterclaim may cross claim may
have against the have against the
original original cross
counterclaimant claimant Initiatory Responsive
Pleading Pleading
COMPULSORY- Can be an initiatory
Arises out of or is pleading, if A pleading that A pleading that
necessarily permissive initiates an action responds to
connected with the allegations in the
transaction or adverse party’s
occurrence that is pleading
the subject matter
of the opposing
party’s claim Original Answer to
complaint original
complaint
Permissive
PERMISSIVE- does
counterclai Answer to
not arise of or is
m permissive
necessarily
counterclaim
connected with the Cross claim
transaction or Answer to
occurrence that is Third party third party
the subject matter complaint complaint
of the opposing
party’s claim 4th party Answer to
complaint fourth party
complaint
Complaint
in Answer to
interventio complaint in
n intervention
Responsive Pleadings Petition Comment or
objection to
Answer to original complaint petition
Answer to permissive counterclaim In special civil
Answer to third party complaint actions
Answer to fourth party complaint
Answer to complaint in intervention Compulsory
Comment or objection to petition counterclaim
Compulsory counterclaim In special
13
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
14
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
15
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
approval thereof, have the force and effect Proceed with the trial, and when the
of a judgment of said court. decision is adverse, file an appeal raising
as error the ground for denial of the
motion to dismiss. When the denial is
tainted with grave abuse of discretion
Rules on execution of judgment in
amounting to lack or excess of jurisdiction,
Barangay Proceedings:
file petition for certiorari under Rule 65.
S417, LGC
- “buyer beware”
- Notice to buyer of existence of an
Remedies of the parties in case of adverse claim
failure of amicable settlement before o It is not a pleading
the lupon: o There is need to register it
with the register of deeds
1. File the case before the proper
court
2. Repudiate the agreement (S418,
LGC) II. COMPLAINT
3. File a petition before the MTC to
nullify the agreement (basis?) Complaint (R6 S3)
16
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
2. All other civil cases, except probate All other actions may be commenced and
proceedings, where the total tried where the plaintiff or any of the
amount of the plaintiff’s claim does principal plaintiffs resides, where the
not exceed 100k OMM or 200k MM defendant or any of the defendants
exclusive of interests and costs (as resides, or in case of a non resident
amended by AM 2-11-9-SC) defendant he may be found at the election
of the plaintiff.
3. Civil cases not higher than 100k-
Subject to the Rule on Small Claims R4 S3
17
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
(R3 S1)
- Counter counterclaimant
- Counter cross claimant
The motion was granted (court issues
not a judgment but an ORDER). Defendant includes:
Counsel for plaintiff. Remedy?
- Defendant in counter counterclaim
I will refile the case in the court of the - Defendant in counter cross claim
proper venue, because the order of - An unwilling co plaintiff or one who
dismissal is without prejudice (R16). should be joined as plaintiff but
refuses to give consent thereto (R3
EXCEPT: if there exists grave abuse of S10)
discretion amounting to lack or excess of - A person necessary to a complete
jurisdiction, Certiorari Rule 65 is the determination or settlement of the
proper remedy questions involved therein
Plaintiff
18
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
19
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
3. There is question of law or fact M2D R16 S1g- failure to state cause of
common to all plaintiffs or action
defendants
GRANTED: refile; amend pleading
4. Such joinder is not otherwise
Denied:
proscribed by the provisions of the
rules on jurisdiction and venue I will file an answer within the balance of
the period prescribed by Rule 11 to which i
R3 S6
am entitled at the time of serving my
All persons in whom or against whom any motion, but not less than 5 days in any
right to relief in respect to or arising out of event, computed from my receipt of notice
the same or series of transactions is of denial. Then, proceed with the trial. In
alleged to exist, either jointly, severally, or case of adverse decision I will appeal the
in the alternative, may, except as judgment and assign as error the denial of
otherwise provided in these rules, join as the motion to dismiss.
plaintiffs or be joined as defendants in one
However, if the denial is tainted with GAD
complaint, where any question of law or
amounting to lack or excess of jurisdiction,
fact common to all such plaintiffs or to all
then I will file petition for certiorari under
such defendants may arise in the action;
Rule 65.
but the court may make such orders as
may be just to prevent any plaintiff or
defendant from being embarrassed or put
to expense in connection with any Joinder of Causes of Action (R2 S5)
proceedings in which he may have no
interest. A party may in one pleading assert, in the
alternative or otherwise, as many causes
of action as he may have against an
opposing party, subject to the following
Non joinder/Misjoinder of parties- not a conditions:
ground for motion to dismiss
A. That the party joining the causes of
IF so, remedy: action shall comply with the rules
on joinder of parties
Amendment of the pleading (Rule 3 in
relation to Rule 10 B. The joinder shall not include special
civil actions and actions governed
by Special Rules
20
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
It is the act of dividing or indivisible The title of the action indicates the names
cause of action into several causes of the parties. They shall be named in the
of actions and bringing several original complaint or petition. But in
actions thereon subsequent pleadings, it shall be sufficient
if the name of the first party on each side
be stated with an appropriate indication
21
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
when there are other parties. Their Every pleading must be signed by the
respective participation in the case shall party or counsel representing him
be indicated. stating in either case his address which
should not be a post office box. The
signature of counsel constitutes a
certification by him that
R7 S2
1. he has read the pleading,
The body of the pleading shall set forth 2. that to the best of his knowledge,
its: information or belief there is good
ground to support it, and
1. Designation
3. that it is not interposed for delay
2. Allegation of the claims or defenses
3. Relief prayed for
An unsigned pleading produces no legal
4. Date of the pleading
effect
Paragraph
However, the court may, in its discretion,
The allegations in the body of a pleading allow such deficiency to be remedied if it
shall be divided into paragraphs so appear that the same was due to mere
numbered as to be readily identified each inadvertence and not intended for delay.
of which shall contain a statement of a
single act of circumstances so far as can 1. Counsel who deliberately files
be done with convenience. unsigned pleading
2. Signs a pleading in violation of
A paragraph may be referred to by its these rule,
3. or alleges scandalous or indecent
number in all succeeding pleadings.
matter therein,
Headings 4. Or fails to promptly report to the
court a change of his address, shall
When 2 or more causes of action are be subject to appropriate
joined, the statement of the first shall be disciplinary action
prefaced by the words first cause of
action, of the second by second cause of
action and so on for the others.
R7 S4
When one or more paragraphs in the
Except when otherwise specifically
answer are addressed to one of several
required by law or rule, pleadings need
causes of action in the complaint, they
not be under oath, verified, or
shall be prefaced by the words answer to
accompanied by affidavit.
the second cause of action or answer to
the second cause of action and so on; and A pleading is verified by an affidavit that
when one or more paragraphs are
addressed to several causes of action, 1. the affiant has read the pleading
they shall be prefaced by words to that 2. that the allegations therein are true
effect. and correct of his personal
knowledge or based on authentic
Relief records
The pleading shall specify the relief A pleading required to be verified which
sought, but it may add a general prayer contains a verification based
for such further or other relief as may be
deemed just and equitable. 1. on information and belief or
2. upon knowledge, information and
Date belief
3. or lacks a proper verification
Every pleading shall be dated
shall be treated as an unsigned pleading
R7 S3
Is a jurat a part of a pleading?
22
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
23
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Petition for legal separation ( Motion for new trial on the ground
) of newly discovered evidence in
criminal cases (R121 S4)
24
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
25
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R7 S5
The plaintiff or principal party shall certify Willful and deliberate forum
under oath in the complaint or other shopping
initiatory pleading asserting a claim for
relief, or in a sworn certification annexed If the acts of party or counsel clearly
thereto and simultaneously filed constitute wilful and deliberate forum
therewith: shopping, the same shall be ground for
summary dismissal with prejudice, direct
1. That he has not theretofore contempt, and cause for administrative
commenced any action or filed any sanctions.
claim involving the same issues in
any court, tribunal or quasi judicial Serves as FINAL ORDER, hence,
agency and, to the best of his appeal is the proper remedy if
knowledge, no such other action or motion to dismiss under R16 S1j is
claim is pending therein granted
2. If there is such other pending claim
or action, a complete statement of
the present status thereof Remedies in case of failure to attach
3. If he should thereafter learn that
certification against forum shopping:
the same or similar action or claim
has been filed or is pending, he As counsel for defendant, file motion to
shall report that fact within 5 days dismiss under Rule 16 S1j on the ground
therefrom to the court wherein his that a condition precedent has not been
aforeseaid complaint or initiatory complied with.
pleading has been filed
26
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
27
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
28
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
29
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
30
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- Remedy: certiorari
31
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
32
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
33
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Can the court issue injunction ex parte? Other requirements for quashal of writ:
- M4R
- Certiorari Rule 65
34
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
35
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
36
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
IMMEDIATELY EXECUTORY!
a. That applicant is the owner of the (Exception: Criminal cases falling under
property claimed, particularly MTC jurisdiction?)
describing it, or is entitled to the
When available?
possession thereof
- Action for support
b. That the property is wrongfully - Relief sought is support for
detained by adverse party, alleging applicant
37
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
38
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
39
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
VENUE Real- R4 S1
DEMURRER TO EVIDENCE
If for defendant-
answer in S5- Answer and other pleadings
intervention
At any time Before judgment Each claimant shall file his answer setting
forth his claim within 15 days from service
of the summons upon him,
JURISDICTION:
- serving a copy thereof upon each
RTC or MTC 20-50 real 300-400 personal
of the other conflicting claimants,
higher lower o who may file their reply
thereto as provided in these
VENUE:
Rules.
40
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
If any claimant fails to plead within the another proceeding to, annulment of
time therein fixed, the court may, on contract
motion,
- quiet title to real property or
- declare him in default and remove clouds therefrom
- thereafter render judgment barring
him from any claim in respect to - consolidate ownership
the subject matter.
In case of pacto de retro sale or
The parties in an interpleader action may foreclosure of mortgage, not necessarily
file counterclaims, cross claims, 3 rd party owner agad, hence, file for consolidation
complaints and responsive pleading of ownership under this Rule
thereto, as provided in these Rules.
(EXCLUSIVE) hence, if not, then not
subject here
Queting of title:
In case of adverse Resolution,
- MTC or RTC 20-50 OMM MM lower
Appeal pursuant to R40-42 higher
Consolidation of ownership:
41
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- APPEAL R41
o (R40 to RTC if Quieting in
MTC) S4- Docket, lawful fees
42
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- Review
S8- Effect of filing
- Revise
- Reverse
Filing of certiorari will not stay execution of
- Modify
judgment, FO, resolution sought to be - Affirm
reviewed, unless SC shall direct otherwise o On appeal or certiorari, as
upon such terms as may be just the law or the Rules of Court
may provide, final
Petitioner may apply for TRO or
judgments and orders of
preliminary injunction to stay execution
lower courts in:
43
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
9. all criminal cases in which the wrongful act, in the event that the
penalty imposed is reclusion same unlawfully neglected in the
perpetua or higher performance of ministerial duty or
unlawfully excluded another from
10. all cases in which only an error or use and enjoyment of a right or
question of law is involved office to which such other is
entitled
QUALIFICATIONS in ALL 3:
44
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
duly raised and passed upon by the 6. pay docket and lawful fees, 500 for
lower court, or are the same as costs
those raised and passed upon by
the lower court 7. serve copy upon adverse party or
parties and the court
3. where there is an urgent necessity
for the resolution of the question 8. service and filing to be done
and any further delay would personally, with explanation if not
prejudice the interest of the done personally
government or the petitioner or the
subject of the action is perishable General rule:
4. where under the circumstances, a Certiorari is not a substitute for lost appeal
motion for reconsideration would
be useless Except:
45
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Within 1 YEAR
46
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Foreclosure
A3 S9 Rule 68 S1
47
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Nature of Action:
J Foreclosure, no right of redemption,
- QUASI IN REM
except only if morgagee is a bank
- Service of summons by publication
Jurisdiciton/Venue:
PARTITION (Rule 69)
MTC-RTC 20-50 OMM MM lower higher
(Tan, Handbook on Civil Procedure and
Where real property or portion thereof is
pleadings, pp 148-149)
situated (R4 S1)
- Separation, division, assignment of
a thing held in common among
Classification of Foreclosure of Mortgage: those to whom it may belong
48
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
5. Judicial- takes place when court NOTE: 3 kinds of recovery of real property
intervenes and approves the
petition 1. Accion interdictal- summary
action for recovery of physical
6. Extrajudicial- division may be possession of the property where
made by testator himself or by dispossession has lasted for more
some person named by deceased than 1 year; FE or UD
or amicably by interested heirs by
common agreement (Rule 74 S1) 2. Accion publiciana- plenary action
for recovery of real right of
R69 S1 POSSESSION
Jurisdiction/Venue:
FORCIBLE ENTRY AND UNLAWFUL
DETAINER (Rule 70 in relation to MTC of the place where property or portion
Rules on Summary Procedure) thereof is situated (R4 S1)
49
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
50
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Within 10 days from receipt of the order e. Motion for extension of time to file
mentioned in the next preceding section, pleadings, affidavits, or any other
the parties shall submit the affidavits of paper
their witnesses and other evidence on the
factual issues defined in the order, f. Memoranda
together with their position papers setting
forth the law and the facts relied upon by g. Petition for certiorari, mandamus,
them. or prohibition against any
interlocutory order issued by the
court
51
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
(lower court)
CONTEMPT (Rule 71)
F: not exceeding 200
(Tan, Handbook on Civil Procedure and
pleadings, pp 162-166) I: not exceeding 1 day, OR BOTH
52
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
f. Failure to obey subpoena Only from the time of filing such notice for
duly served record shall
53
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
How is it done?
that it is not necessary to protect the If no person is found in his office or his
rights of the party who caused it to be office is not known or he has no office,
recorded then,
R13 S8
54
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
55
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R3 S21- A party may be authorized to After filing of the complaint and the
litigate his action, claim, or defense as an payment of the requisite legal fees,
indigent if the court, upon an ex parte
application and hearing, is satisfied that
III. SERVICE OF SUMMONS
the party is the one who has no money or
property sufficient and available for food, Summons
shelter, and basic necessities for himself
and his family Writ or process in the name of the
RP, issued by the Branch clerk of
court informing the defendant of
the filing of the case against him,
Such authority shall include
to file an answer within the
an exemption from payment of reglementary period, or else, be
declared in default
- docket and
- other lawful fees, and Office of the Clerk Branch Clerk of
- of transcript of stenographic notes of Court Court
the proper docket and other lawful fees a writ or a process (R21 S1)
shall be issued to a
defending party by A process directed
assessed and collected by the clerk of the clerk of court, to a person
court delivered by a requiring him to
sheriff, his deputy, attend and to testify
If payment is not made within the time at the hearing or
or proper court
fixed by the court, trial of an action, or
office, or any
suitable person at any investigation
execution shall issue or the payment
authorized by the conducted by
thereof,
court issuing the competent authority
without prejudice to such other sanctions summons, with the or for the taking of
as the court may impose purpose of his deposition.
obtaining (Subpoena ad
jurisdiction over the testificandum)
person of the
56
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
defendant and
giving him notice
that an action has A process directed IN PERSONAM
been commenced to a person
requiring him to Service in person
against him Substituted service
bring with him any
books, documents, IN REM
or other things
under his control Service in person
(Subpoena duces Substituted Service
tecum) Publication
Extraterritorial Service
Purpose is to obtain Order for a person
jurisdiction over to appear and to QUASI IN REM
person of testify at a hearing,
Service in person
defendant, and to action,
Substituted service
give notice to investigation, or for Publication
defendant that an taking of his
action has been deposition OR to
commenced against produce books,
him, ordering documents, or other Can you serve summons by mail?
defendant to things under his
NO
answer the control (R21 S1)
complaint within
the time fixed by
these Rules, and How to serve summons?
unless defendant
answers, plaintiff Service in person on defendant
will take judgment (R14 S6)
by default and may
The summons shall be served by handing
be granted the
a copy thereof to the defendant in person.
relief applied for
(R14 S2)
Upon filing of the During trial or 2. The officer serving the summons
complaint and investigation shall make an affidavit addressed
payment of to the court stating that the time,
requisite docket place, manner of service of
fees summons, and that despite efforts
to try and serve the summons in
person on defendant, the same
refused to receive it, as well as the
Note: significant to know whether the manner of non-receipt
action is in personam, in rem, or quasi in
rem—for purpose of service of summons
Substituted Service of
Summons on defendant (R14
FE and UD- in personam actions S7)
57
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
58
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Substituted Extraterritorial
Service Service
Defective service of summons, remedy:
Requisites; Arises in case
defendant is non M2D Rule 16 S1a, that the court has no
Impossibility of the resident, in abroad, jurisdiction over the person of the
personal service of defending party
action in rem, by
summons within a
reasonable time way of personal
service outside of
The efforts exerted Phils, by publication 3 options of the court:
to locate the person in a newspaper of
to be served general circulation, 1. GRANT M2D- as plaintiff, refile the
or in any other case, unless tainted with grave
manner the court abuse of discretion
To whom served /
may deem sufficient
how? 2. DENY M2D
By leaving copies of As defendant, following Rule 16 S4, I will
the summons at: file an answer within the balance of the
period prescribed by Rule 11 to which I am
Defendant’s
residence with entitled at the time of serving my motion,
some person of but not less than 5 days in any event,
suitable age and computed from my receipt of notice of
discretion then denial. Then proceed with the trial, and
residing therein or when the decision is adverse against me, I
will file an appeal assigning as error the
By leaving the
denial of the motion to dismiss. And when
copies at
defendant’s office the denial is tainted with grave abuse of
or regular place of discretion amounting to lack or excess of
business with some jurisdiction on the part of the court, I will
competent person file for certiorari under Rule 65.
in charge thereof
59
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
60
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
61
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
62
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
valid service of summons, except if of the court, file for certiorari under Rule
appearance is to question the jurisdiction 65.
of the court
63
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
GRANTED:
Which should be dismissed in case of
litis pendencia? The 1st, 2nd, 3rd, 4th Appeal
action?
DENIED:
The later case(s) would be dismissed.
File an answer within the balance of the
period prescribed by Rule 11 to which
entitled at the time of serving motion, but
GRANTED:
not less than 5 days in any event,
Appeal computed from receipt of notice of denial.
Then proceed with the trial, and when the
DENIED: decision is adverse, file an appeal
assigning as error the denial of the motion
File an answer within the balance of the to dismiss. And when the denial is tainted
period prescribed by Rule 11 to which with grave abuse of discretion amounting
entitled at the time of serving motion, but to lack or excess of jurisdiction on the part
not less than 5 days in any event, of the court, file for certiorari under Rule
computed from receipt of notice of denial. 65.
Then proceed with the trial, and when the
decision is adverse, file an appeal
assigning as error the denial of the motion
to dismiss. And when the denial is tainted g. That the pleading asserting the
with grave abuse of discretion amounting claim states no cause of action
to lack or excess of jurisdiction on the part
Aka FAILURE TO STATE CAUSE OF ACTION
of the court, file for certiorari under Rule
65. GRANTED:
Refile
Amend the pleading
DENIED:
f. That the action is barred by
prior judgment or by the File an answer within the balance of the
statute of limitations period prescribed by Rule 11 to which
entitled at the time of serving motion, but
Aka RES JUDICATA not less than 5 days in any event,
computed from receipt of notice of denial.
Elements:
Then proceed with the trial, and when the
There is previous final judgment or decision is adverse, file an appeal
order assigning as error the denial of the motion
64
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
to dismiss. And when the denial is tainted of the court, file for certiorari under Rule
with grave abuse of discretion amounting 65.
to lack or excess of jurisdiction on the part
of the court, file for certiorari under Rule
65.
j. That a condition precedent for
filing the claim has not been
complied with
65
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
66
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Motion to dismiss
4. The motion shall be considered as
not filed Motion to declare defendant in
Execution of the act subject of the default
motion, because it would be
deemed as a final order Motion for summary judgment
67
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Motion for Bill of Motion for Bill of 3. The motion shall point out the
Particulars in Civ Particulars in defects complained of, the
Pro Crim Pro paragraphs wherein they are
contained, and the details desired
Rule 12 R116 S9
4. The motion is to be filed before the
May be filed before May be filed before filing of responsive pleading
responding to a arraignment
pleading 5. In writing
68
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- To correct alterations in a
Effect of order of failure to comply to PLEADING (not in a motion)
file Bill of Particulars
R12 S4
Kinds of amendments:
If the order is not obeyed, or in case of
insufficient compliance therewith, the 1. Amendment as a matter of
court may order the striking out of the right: (R10 S2)
pleading or the portions thereof to which
the order was directed, or make such A party may amend his pleading once as a
order as it deems just. matter of right at any time before a
responsive pleading is served or in the
(File a motion to strike out the pleading) case of a reply, at any time within 10 days
after it is served.
69
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
DENIED: Remedy?
70
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Relate to Rule 16
71
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
10 days- motion set for hearing at least 10 Maganda ka? Maganda ka nga
days
ORDER OF DEFAULT /
Is bill of particulars allowed in Summary JUDGMENT BY DEFAULT (Rule 9)
Procedure?
Order of Default Judgment by
NO (Prohibited pleading) Default
- remedy is APPEAL
72
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
DENIED,
(all special civil actions, original actions in - Order of default issued by court,
exercise of original jurisdiction, final there is amendment of the
judgment) pleading, order of default is
dissolved
ORDINARY CIVIL ACTION
73
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R9 in relation to R11
74
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Reply
Denied. Remedy?
Answer to amended complaint
File a motion for reconsideration of the
judgment or final resolution within 15 days
from service thereof before the SC, with Answer to amended counterclaim
proof of service on the adverse party.
Answer to amended cross claim
Basis: R52 S1
Answer to amended 3rd 4th etc party
complaint
Rejoinder
1. File petition for relief from
judgment, order, or other Answer to counter counterclaim
proceeding on the ground of entry
Answer to counter cross claim
of such judgment or final order, or
any other proceeding is thereafter Answer to amended counter
taken against a party in a court counterclaim
through FAME (Rule 38 S1)
Answer to amended counter cross
2. File petition for annulment of claim
judgment or final order or
resolution on the ground of
extrinsic fraud (R47 S1 and 2)
Discuss the periods to answer to
3. File petition for certiorari (Rule 65) responsive pleadings under Rule 11
of the Rules of Court:
4. Collateral Attack
1. Answer to the original
complaint
V. FILING OF ANSWER
R13 S1
Answer- the pleading setting forth the
defending party’s defenses Defendant shall file answer to the
complaint within 15 days after service
(Bears the same parts of a pleading) of summons, unless a different period is
fixed by the court
WITHIN WHEN?
R13 S2
What are the responsive pleadings?
Where the defendant is a foreign private
Rule 6 of the Rules of Court in relation to
juridical entity and service of summons is
Rule 11 provides for the following
made:
responsive pleadings:
- to a resident agent, answer shall be
Answer to the original complaint
filed within 15 days from
Compulsory counterclaim service of summons to him
75
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R11 S3
76
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R11 S7
Counterclaim Cross Claim
A supplemental complaint may be
answered within 10 days of the order Any claim which a Any claim by one
admitting the same, unless a different defending party party against a co
period is fixed by the court. The answer to may have against party arising out of
the complaint shall serve as answer to the the opposing party the transaction or
supplemental complaint if no new or occurrence that is
supplemental answer is filed. the subject matter
either of the original
action or of a
counterclaim
11. Rejoinder
therein
(?)
Compulsory Permissive
Counterclaim Counterclaim
YES!
Omitted counterclaim or cross claim
But, if counterclaim against counterclaim,
counter counterclaim REMEDY: amend the answer
77
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
R6 S5
Plaintiff’s remedy in such a case?
Negative defense is the specific denial of
the material fact or facts alleged in the - JUDGMENT ON THE PLEADINGS
pleading of the claimant essential to his (Rule 34)
cause or causes of action.
2. Affirmative defense
Kinds of Denials:
R6 S5
1. Specific Absolute Denial
An affirmative defense is an allegation of
new matter which, while hypothetically - By specifically denying the
admitting the material allegations in the averment and whenever
pleading of the claimant, would practicable, setting forth the
nevertheless prevent or bar recovery by substance of the matters relied
him. The affirmative defenses include: upon for such denial
78
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
79
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
80
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
81
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
82
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
the material facts alleged in the complaint of defense in the answer and thereby join
shall always be proved or make issue as to such new matters.
- if at pre trial court finds that R11- may be filed within 10 days from
judgment on the pleadings is service of the pleading responded to
proper, it can render such
judgment motu proprio
VIII. REJOINDER
83
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
84
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Advisability
of
preliminary Failure to appear by
conference defendant, plaintiff
of issues to to present evidence
commissione ex parte
r
Propriety of
What are the purposes of pre-trial?
rendering
judgment on (Rule 18 S2)
the
pleadings, The court shall consider:
summary
judgment, a. The possibility of an amicable
dismissing settlement or of a submission to
the action alternative modes of dispute
should a resolution
valid ground
b. The simplification of the issues
therefor be
found to c. The necessity or desirability of
exist amendments to the pleadings
No pre trial brief With pre trial brief S6- Pre trial brief
Order of pre trial The parties shall file with the court and
signed by accused serve on the adverse party, in such
and counsel so manner as shall ensure their receipt
admissions are thereof at least 3 days before the date of
binding the pre trial, their respective pre trial
briefs which shall contain, among others:
Failure to appear, Failure to appear by
sanctions against plaintiff, dismissal
counsel and of case with
85
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
86
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
File motion for reconsideration, R41 (1)- the order allowing ex parte
based on R65 S4 and R41 S1 presentation of evidence is an
- R65 (4)- ..whether such m4r is interlocutory order, no appeal may
required or not.. be taken from it, hence, aggrieved
- R41 (1)- the order allowing ex parte party may file the appropriate
presentation of evidence is an special civil action under Rule 65,
interlocutory order, hence, no which includes certiorari
appeal may be taken from it
87
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
88
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
- Facts
- Evidence
- Defenses Evidence in chief
89
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
90
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
(simplified version)
4. SUR REBUTTAL EVIDENCE
Objection
91
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Kinds of Judgments:
92
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Without prejudice
Refers to dismissal of a case R36 S5
without prejudice to its being
refiled Judgment rendered disposing of a
claim among several others
presented in a case after a
determination of issues material to
JUDGMENT BY DEFAULT (R9 S3) a particular claim and all
counterclaims arising out of the
Judgment rendered by the court
transaction or occurrence which is
following an order of default,
the subject matter of said claim
granting the claiming party the
relief prayed for on the basis of his
evidence presented ex parte by
plaintiff SPECIAL JUDGMENT
R39 S11
SEVERAL JUDGMENT
JUDGMENT ON DEMURRER TO
R36 S4 EVIDENCE
93
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
SUPPLEMENTAL JUDGMENT
94
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Rule 40 Rule 41 Rule 42 Rule Rule 45 9. When facts set forth in the petition
43
as well as in the petitioner’s main
Memorand Appellan Petition Petition Petition for and reply briefs are not disputed by
um of t’s Brief for For Review on
appeal Review Review Certiorari
respondents
Notice or Notice Petition Petition Petition for 10. when findings of fact of the CA is
Record on or for for Review on
appeal record Review Review Certiorari
premised on supposed evidence
on (Appeal and is contradicted by evidence on
appeal ?) record
Of MTC Of RTC Of RTC Of Of CA,
decisions Decision decision quasi Sandiganba 11. when certain material facts and
s s judicial yan, CTA, circumstances which have been
original appellat bodies RTC
jurisdicti e decisions overlooked by the trial court which,
on jurisdicti if taken into account, would alter
on
the result of the case in that they
Questions Questio Questio Questio Questions would entitle accused to acquittal
of fact law ns of ns of ns of of law
or both fact law fact law, fact law
or both or both or both
REMEDIES AFTER JUDGMENT
To RTC To CA To CA To CA To SC BECOMES FINAL AND EXECUTORY:
96
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
EXECUTION OF JUDGMENT
Execution
2. Petition for Annulment of
judgment (Rule 47) - remedy afforded by law for the
enforcement of a judgment
RTC exclusive original jurisdiction to CA - object is to obtain satisfaction of
the judgment on which the writ is
MTC exclusive original jurisdiction to RTC issued
AFTER 5 years
97
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Discretionary Execution as a
Execution matter of right
May issue before Period to appeal has
lapse of period to already lapsed, no
appeal, and even appeal is perfected
during appeal
Rule: Matter of right on part of winning Discretionary upon Ministerial duty of
party (execution), and court cannot refuse the court; there is the court provided
inquiry on whether there are no
Except: there is good supervening events
reason for
1. When judgment turns out to be execution
incomplete or conditional
98
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
Modes of enforcement:
Grounds:
1. By motion within 5 years from date
1. Insolvency of judgment debtor of entry
2. Wastage of asset by judgment
debtor 2. By independent action for revival of
judgment after 5 years from entry
and before it is barred by statute of
limitations which is 10 years from
Court may, in its discretion, order an entry under 1144, NCC
execution before expiration of the time
within which to appeal, provided,
Revival of judgment Revival of judgment
1. There is motion for execution filed S6 S34
by winning party Independent action Carried out through
filing of a motion in
2. There is notice of said motion to court
the adverse party Assumes there is no Assumes that
execution within judgment is
3. There are good reasons stated in a first 5 years executed within first
special order after due hearing 5 years
Party who files the Party who files such
action is the motion is not the
Supersedeas Bond judgment creditor original judgment
himself, or his creditor but he is
- Bond filed by petitioner and assignee, or his the highest bidder
approved by court before the successor in in the public auction
intereest
judgment becomes final and
Filed due to lapse of Filed because
executor and conditioned upon 5 year period movant is deprived
performance of the judgment of property
appealed from, in case it be purchased
affirmed wholly or in part
99
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
100
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
101
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
102
Remedial Law Review Notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in CIVIL PROCEDURE
Notes by: Paul Lemuel E. Chavez
3. Collusion
4. Fraud
1. In case of judgment against a 5. Clear mistake of law or fact
specific thing,
a. Judgment is conclusive upon
title to the thing
1. Want of jurisdiction
2. Want of notice
3. Collusion
4. Fraud
R39 S8
1. Want of jurisdiction
2. Want of notice to a party
103