State the proper remedy/ies on the following with basis: 2 pts.

Each

a. Complete relief as regards the counter-claim or cross claim other than the original parties to the
action;

Remedy is by an amendment. As provided by Sec. 12 of Rule 6 When the presence of parties other than
those to the original action is required for the granting of complete relief in the determination of a
counterclaim or cross- claim, the court shall order them to be brought in as defendants, if jurisdiction over
them can be obtained.

b. Civil case filed against DENR officers implementing the Clean Air Act and other environmental
laws;

Remedy is to file an answer and raise as affirmative defense that the case is a Strategic Lawsuit Against
Public Participation.

Sec.1 Rule 6 of Rules of Procedure on Environmental Cases defines SLAPP as any legal action whether
civil, criminal or administrative filed to harass, vex, exert undue pressure or stifle any legal recourse that any
person, institution or the government has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall be
governed by these Rules

c. Dismissal by the plaintiff;

1st dismissal by the plaintiff – unless otherwise stated is without prejudice therefore refiling is the proper
remedy;
2nd dismissal by the plaintiff – two-dismissal rule shall apply therefore dismissal is with prejudice and appeal
is the proper remedy under Rule 41.

d. Judgment by Default;
● Before finality of Judgment by default:
○ Within 15-day period from receipt of judgment of default the remedies are either:
1. File a Motion to set aside judgment or final order;
2. File a Motion for reconsideration or new trial;
Provided that the grounds are the following: Fraud, Accident, Mistake or Excusable Negligence; Verified;
w/ Affidavit of Merit (Sec 37, 38, 47 and 9)

(in case of denial: Since appeal is not an adequate speedy remedy as provided by Sec. 1 of Rule 41 and
under the same rule it is provided that a special civil action is the proper remedy. I will File a petition
for certiorari plus injunction and/or TRO under rule 65.
● After finality of Judgment by default:
Rule 38 "Petition for Relief from Judgment", 47 "Petition for Annulment of Judgment", 65
"Certiorari" and collateral attack.

g. Failure of the plaintiff to appear during pre-trial conference.

REMEDY BEFORE JUDGMENT BECOMES FINAL AND EXECUTORY:
1. Motion to set aside judgment or final order due to FAME or Motion for new trial on the
ground of FAME (R37 S2);
2. In case of denial, he may appeal the judgment, unless it is tainted with grave abuse of discretion,
he may file a petition for certiorari under R65

REMEDY AFTER FINALITY OF JUDGMENT:

1. File petition for relief from judgment, order, or other proceeding on the ground of entry of such
judgment or final order, or any other proceeding is thereafter taken against a party in a court through
FAME (Rule 38 S1)
2. File petition for annulment of judgment or final order or resolution on the ground of extrinsic
fraud (R47 S1 and 2)
3. File petition for certiorari (Rule 65)
4. Collateral Attack

h. Decision of the MTC in case of land registration case.

Remedy is APPEAL BY NOTICE OF APPEAL to the Court of Appeals within 15 days under Rule 41since
MTC assumes the original jurisdiction of the Regional Trial Court as provided by BP 129, as amended.
 i. Acts of forum shopping.

Remedy is Appeal since dismissal is with prejudice because it is barred by prior judgment or
litis pendentia as provided by Sec.5 Rule 16.

j. Failure to file answer and appear during the hearing in Small Claims Cases.
Remedy is Certiorari under Rule 65 because the decision is final and not appealable as provided
by Sec.1 of Rule 41 and under the same rule it is provided that the remedy in such case is a special civil action
under Rule 65.

III.

Define or distinguish (5pts each)

1. What is a SLAPP?

As provided by pertinent provision of Rules on Environmental Cases, a Strategic Lawsuit Against Public
Participation (SLAPP) – refers to an action whether civil, criminal or administrative, brought against any person,
institution or any government agency or local government unit or its officials and employees, with intent to
harass, vex, exert undue pressure or stifle any legal recourse that such person, institution or government agency
has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of
environmental rights.

2. Amended pleading v. Supplemental

An amended pleading refers to facts existing at the time of the commencement of the action, it
supersedes the original pleading, it can be made with or without leave of court, and when an amended pleading
is filed, a new copy of the entire pleading must be filed.

On the other hand, supplemental pleading refers to facts arising after the filing of the original pleading,
it does not supersedes the original pleading rather stands a supplement to such, it can only be made with leave
of court, and does not require the filing of a new copy of the entire pleading.

3. Lis Pendens v Litis Pendentia

Lis Pendens is a remedy in case of an action involving title to or possession of a real property wherein a
notice of pendency is recorded in the registry of deeds where the property is situated, the purpose of which is to
keep the properties in litigation within the power of the court until the litigation is terminated, in case of denial
of notice by the Registry of Deeds, the remedy is to appeal within 5 days to the Land Registration Authority, and
it can be filed after the filing of the action in court but before finality of judgment.

Litis Pendentia means pending suit it refers to the situation where two actions are pending between the
same parties for the same cause of action so that one becomes unnecessary, it is a ground for the dismissal of an
action under Rule 16, it is availed by way of motion to dismiss and file with the court where the case is pending,
and a motion to dismiss base on such should be filed before the filing of responsive pleading.

4. Principle of Recoupment v. Set-Off

Principle of recoupment arises out of the transaction or occurrence constituting the subject matter of
the opposing party’s claim, it is barred if not set up in the answer, the plaintiff need not answer this, if the plaintiff
does not answer this, he cannot be declared in default except in Summary Proceedings, it does not require a
certification on non-forum shopping, it is not an initiatory pleading, payment of docket fee is suspended, and
presence of third person is not required.

On the other hand Set-Off does not arise out of the transaction or occurrence constituting the subject
matter of the opposing party’s claim, it is not barred if not set up in the answer, the plaintiff must answer this, if
the plaintiff does not answer this, he may be declared in default, it is an initiatory pleading, it requires
certification of non-forum shopping, there should be payment of docket fees, and requires the presence of the
third person whom the court acquire jurisdiction.

5. Pre-Trial in Civil and Criminal cases

Pre-Trial in civil cases is under rule 18 of the Rules of Court, it is set when the plaintiff moves ex parte
to set the case for pre-trial, it is made after the last pleading has been served and filed, there is a pre-trial brief,
it considers the possibility of amicable settlement, agreements and admissions made in Pre-Trial Conference are
not required to be signed by the parties and their counsel, and the sanction for non-appearance are imposed
upon the plaintiff which will result to the dismissal of the case with prejudice unless otherwise ordered by the
court to be without.

Pre-trial conference in criminal case is under rule 118 of the Rules of Court, it is ordered by the court
after arraignment and within 30 days from the date the court has acquired jurisdiction over the person of the
accused, there is no pre-trial brief, it does not consider possibility of amicable settlement, all agreements and
admissions made during the pre-trial conference are required to be signed by the accused and his counsel, and
the sanction are imposed upon the counsel for non-appearance.

I.

1. CHAR
A filed a complaint for Nullity of Mortgage Contract, Promissory Note, Loan Agreement, Foreclosure of
Mortgage, Cancellation of TCT and Damages against B Company before the RTC of Manila. He alleged that
he is the owner of the subject property and he learned that his property was being foreclosed by B
company. Upon A’s investigation, he found out that the purportedly signed Promissory note, loan
agreement etc. covering the lot, and for his alleged failure to pay B Company they foreclosed the subject
property. A denied having executed any contract with B Company since he was in Singapore when the
documents were signed and that his signature on the said documents were forged and assails the validity
of the documents. B Company filed a Motion to Dismiss on the ground of improper venue since the subject
contracts it is expressly stated that “All legal actions arising out of the notice in connection with the Real
Estate Mortgage shall only be brought to the jurisdiction of the proper court of Makati City.”

a. Is the contention of B company tenable? (2.5pts)

No. The contention of B company is not tenable because A denies having executed such documents and that his
signatures were forged.

Sec.4, Rule 4 of Rules of Court provides that for the venue agreement to be valid it shall be in writing and executed
by the parties before the filing of the action.

b. If you were the judge, how would you rule on the motion? Decide. (2.5pts)

I will deny the motion to dismiss because the doctrine of exclusivity of venue shall only be applied when there’s
a valid and binding agreement between the parties before the filing of action. If the agreement is simulated or
the signature is forged, then the exclusivity of venue will not apply and the rules on venue under the Rules of
Court shall apply.

2. AB
R is engaging in the business of lending money to persons who needs it with a monthly rate of seven
percent per month with his principal place of business in Makati City and a branch in Davao City, Jejomar
a resident of Davao City went to the office of R in Davao City and borrowed money from the latter in the
amount of P200,000 payable within 6 months with an interest rate of 7 percent per month or P14,000 as
interest. After 6 months Jejomar failed to pay and despite demand to pay.

a. If you were the counsel of R where will you file the case? Why? (2pts)

I will file the case in R’s Davao Branch. Sec. 7 of Rules on Small Claims 7 provides that:

If the plaintiff is engaged in the business of lending, banking and similar activities, and has a branch within the
municipality or city where the defendant resides, the Statement of Claim/s shall be filed where that branch is
located.

During the hearing of case, the judge asked R whether he is engage in the lending business and he replied
he is not and reasoned out that the loan is a personal one, but later upon inquiry the judge learned that
he is indeed engaged in the said business, then the judge dismissed the case.

b. Is the dismissal correct? Why? (2pts)

Yes, Sec. 11 of Rules on Small Claims provides that:

If plaintiff misrepresents that he/she/ it is not engaged in the business of banking, lending or similar activities
when in fact he/she/it is so engaged, the Statement of Claim/s shall be dismissed with prejudice and plaintiff
shall be meted the appropriate sanctions, such as direct contempt.

c. What is the remedy of R? Why? (2pts)

The decision in small claim cases is final, executory and unappealable.

Petition for Certiorari under Rule 65. The decision in small claim cases is final, executory and unappealable What
is prohibited in Small Claims is Petition for Certiorari against interlocutory orders and not final orders.

The rule does not preclude a party from filing a petition for certiorari under Rule 65 of the 1997 Revised Rules
of Procedure when there is grave abuse of discretion amounting to lack or excess of jurisdiction in relation to a
judgment in a small claims action (such a petition is prohibited with regard to interlocutory orders).

Assuming that during preliminary conference R failed to appear despite notice, but he sent a letter
through her daughter Sara to the court containing the following statement:

“Dear Judge,
May I ask for the resetting of the preliminary conference of the case since I was suffering from
Loose Vowel Movement (LVM).
Very truly yours,
R

The judge denied the request of R since he was duly notified and he failed to file the appropriate motion,
hence the case was dismissed together with the counterclaim of Jejomar.

d. Is the denial of the request of R proper? Why? (2pts)

No, Sec 4 (e) under Rules on Small Claims Motion means a party’s request, written or oral, to the court for an
order or other action. It shall include an informal written request to the court, such as a letter.

e. Is the dismissal of the counterclaim valid? Why? (2pts)

Yes, the dismissal of counterclaim is valid. Sec. 20 of Rules on Small Claims provides that:

Failure of the plaintiff to appear at the hearing shall cause the dismissal of the Statement of Claim/s and
compulsory counterclaim without prejudice. However, the defendant who appears in the absence of the plaintiff
shall be entitled to judgment on a permissive counterclaim on the same day.

3. MON
Poe filed a case against Jejomar for Specific Performance before the RTC of Manila. Jejomar through
counsel filed a Motion to Dismiss the complaint on the ground of no cause of action but pending its
resolution of the motion to dismiss, Poe amends her Complaint which was admitted by the court, but
Jejomar failed to file his Answer and subsequently he was declared in default, Jejomar filed a motion for
reconsideration on the ground that his allegation in his motion to dismiss should be considered as his
denial to the material allegations in the amended complaint.

a. Is the court correct? Why? (3pts)

Yes. The court is correct. Pursuant to Sec.3, Rule 10, a party may amend his pleading once as a matter of right at
anytime before a responsive pleading is served. What Jejomar filed in this case was a motion to dismiss which is
not a responsive pleading. Thus, the declaration of Jejomar in default for his failure to file his answer within the
period prescribed by the rules is proper as per Rule 9.

b. What is the remedy of Jejomar? Why? (2pts)

The remedy is motion to Lift Order of Default on the ground provided in Sec. 3, Rule 18 with an affidavit
of merit, and Motion to Admit Answer, plus the attached Answer.

4. CHAR
Muhamad a muslim is the owner of a residential unit in Maguindanao which is being leased by Abdullah
for the period of 6 months. Abdullah failed to pay the agreed rentals totaling to P300,000. Despite
demands, Abdullah failed to pay the rentals. Muhamed filed an unlawful detainer case against Abdullah
before the MTC of Maguinadanao. Shariff, counsel for Abdullah filed a Motion to Dismiss on the ground
of lack of jurisdiction over the subject matter of the action.

a. If you were the judge, how would you rule on the motion? Why? (5pts)
 If I were the judge, I would deny the Motion to Dismiss because MTC has the exclusive original
jurisdiction over a case of unlawful detainer notwithstanding that both parties are Muslims.

P.D 1083 provides that Shari’a District Court shall have concurrent jurisdiction with existing civil courts
in all other personal and real actions not mentioned in par. 1 (d) wherein the parties involved are Muslims
except those for forcible entry and unlawful detainer which shall fall under the exclusive original jurisdiction of
MTC.

5. AB
A corporation filed a case against B Corp for Sum of Money and Damages, in the amount of 1M pesos and
paid the corresponding docket fees. A filed a supplemental complaint increasing the amount of claim to
1.5M. C, counsel for B Corp., filed a Motion to Dismiss the complaint for the lack of jurisdiction over the
action for failure to comply with the condition precedent on the payment of docket fees on the
supplemental complaint.

a. If you were the judge how would rule on the motion? Why? (5pts)

I will not dismiss the case. In the case of Sun Insurance v. Asuncion, it was held that the Court acquires
jurisdiction over any case only upon the payment of the prescribed docket fee. An amendment of the complaint
or similar pleading will not thereby vest jurisdiction in the Court, much less the payment of the docket fee based
on the amounts sought in the amended pleading. The court may also allow payment of deficiency of said fee due
to filing of supplemental complaint within a reasonable time but also in no case beyond its applicable
prescriptive or reglementary period.

The court already has jurisdiction over the case since there was already payment of docket fees on the original
document. A supplemental pleading does not require the filing of a new copy of the entire pleading as it is taken
together with the original complaint. It does not supersede the original pleading but assumes that the original
pleading to be supplemented.

6. MON
A filed a case against B before the RTC of Manila for Recovery of Sum of Money. Summons was served to
B and Answer with counterclaim for damages and attorney’s fees were filed by C as counsel for B. During
the presentation of evidence, A and counsel failed to appear and upon motion of C the case was dismissed
including his counterclaim.

a. Is the dismissal of the case valid? Why? Basis? (2.5pts)

Yes, the dismissal of the case is valid. Rule 17, Section 3 is clear that if, for no justifiable reason, the plaintiff fails
to appear on the date of the presentation of his evidence-in-chief on the complaint, such may be dismissed upon
motion of the defendant or the court’s own motion. A and counsel did not present any justifiable reason for their
non-appearance thus the case should be dismissed.

b. Is the dismissal of the counterclaim valid? Why? (2.5pts)

No. The dismissal of the counterclaim is invalid. Rule 17, Section 3 also provides that the dismissal due to the
fault of the plaintiff shall be without prejudice to the right of the defendant to prosecute his counterclaim in the
same or in a separate action. Thus, B has a right to prosecute his counterclaim against A.

7. CHAR
A filed a case against B before the barangay for violation of the lease contract. After the proceedings with
the barangay, A died. C & D heirs of A filed a case for unlawful detainer against B. B filed a Motion to
Dismiss for failure to comply with the condition precedent of barangay referral since C & D is not the
original party in the barangay.

a. If you were the judge how would you rule on the motion? (5pts)
I were the judge, I would grant the Motion to Dismiss for failure to comply with the condition precedent.

Sec.15, of the Local Government Code provides that in all Katarungang Barangay proceedings, the
parties must appear in person without the assistance of counsel or representative, except minors and
incompetents who may be assisted by their next of kin who are not lawyers. Also, in the case of Berba v. Palanca,
the court stated that the requirement in barangay proceedings is that both parties must conciliate face to face. It
is therefore personal.
8. AB
A obtained a loan in the amount of P1M from B and executed a promissory note. A failed to pay the loan
amount. B filed a case against A for Sum of Money. A filed her answer and denied the existence of the said
promissory note for lack of knowledge sufficient to form a belief as to the truth of the said document.

a. If you were the counsel for B, what is your legal recourse? (5pts)

I will move for judgment on the pleading. A, by disavowal of knowledge did not did not deny specifically deny
under oath, thus it results to the admissibility and genuineness and due execution of the actionable document.
R8 S10 There is nothing left to be done but to move for judgment as there has been implied admission by A. (Go
Tong Electrical Supply v. BPI Family Savings Bank)

R8 S8 provides that the genuineness and due execution of an actionable document shall be deemed admitted
unless the adverse party specifically denies under oath and sets forth what he claims to be the fact. Thus, A’s
failure to deny under oath results to implied admission and hence the answer does not pose any triable issue.

9. MON
A filed a case against B corp., for damages with Environmental Protection Order due to the emission of
toxic gas in the premises of the latter. Summons was served to Mr. Chiz the General Manager of the
company. Allan peter the counsel for B Corp., filed a motion for extension of time to file an answer copy
furnished A. A through Atty. Marcos filed an Opposition saying that it is a prohibited motion under the
Rules.

a. If you were the judge, how would you rule on the motion? Why? (5pts)

If I were the judge, I would grant the motion because pursuant to Rule 2, Section 2 of the Rules of Procedure on
Environmental Cases, while a motion for extension to file pleadings is a prohibited motion, the rules allow the
same for filing an answer which shall not exceed 15 days.

In the above problem, despite service of summons and the filing of the motion, B Corp. failed to file their
responsive prompting the judge on its own initiative to declare the defendant in default. B Corp., through
its counsel filed a Motion for Reconsideration arguing that there was no written motion filed in violation
of the requirements under Rule 9 which was also denied by the judge.

a. Is B Corp., correct? Why? (5pts)

No, B Corp. is incorrect. Rule 2, Section 15 of the Rules of Procedure in Environmental Cases provides that should
the defendant fail to file the answer to complaint within the period provided, the court shall declare the
defendant in default. There is no need for the plaintiff to file a motion for default. Hence, the ground for the
motion for reconsideration is misplaced.
RULE 1
1. Distinction off Criminal, Civil and Special Proceedings

RULE 2
(ACTION)
1. Splitting of Causes of Action
a) Effects?
b) Motu proprio dismissal of an action based on Splitting of COA – YES (S1,R9)
2. Joinder of Causes of Action
a) What is totality rule?
b) Distinction of Lack of Cause of Action v. Failure to state Cause of Action
c) Remedy in case of M2D on Failure to state COA
 File responsive pleading within the balance in which the defendant is entitled to but in no
case less than 5 days.
d) Remedy if M2D is granted based on Failure to state Causes of Action
 w/o prejudice so either refile or amend (provided its before finality of order) because
M2D is not a responsive pleading therefore you can still amend as a matter of right as
provided by Sec.1 of Rule 10.
RULE 3
(PARTY)
1. Who is a real party in interest?
a) If not real party in interest then remedy is M2D on the ground of failure to state Cause of Action.
Sec.1, Rule 16
b) Rule on Alternative Defendants
i. Allowed if not sure who is the real party. All can be impleaded
c) Class Suit
i. That the subject matter of the suit is of common or general interest, who are numerous
and are impracticable to bring them all in the court.
d) Class Suit v. Derivative Suit
i. Both are representative suit
ii. But Derivative suit is only filed by minority stockholders in behalf of the corporation.
e) Citizen Suit
i. As provided by Rules on Environmental Cases it is a suit filed by a Filipino citizen in behalf
of the others, generation yet unborn and mammals as their stewards for enforcement of
Environmental rights.
f) Actions that survives death of Party in relation to Rule 86 and Rule 87
i. Sec.1, Rule 87 provides all the actions that survives death
g) Indigent
i. Constitutional basis: Sec. 11, Art III (free access to court)
h) Writ of Kalikasan
i. Constitutional basis: par.5, Sec.5 of Art. VIII (power to promulgate rules)
RULE 4
(VENUE)
1. Only know if:
a) REAL – Location (involving title to, possession and interest over a real property)
b) PERSONAL – Privity of contract or Plaintiff’s/Defendant’s residence
c) MIX – Both
2. If you are the defendant and there is improper venue the remedy is?
a) M2D because the venue is improperly laid as provided in Sec.1 of Rule 16
3. If you are the plaintiff what is your remedy if the case is dismiss because of improper venue?
a) Appeal as provided in Rule 41 since the dismissal is with prejudice (f) (h) (i)
4. Exclusivity of Venue
a) Jurisprudence provides that the principle of exclusivity of venue will only be applied if there is a
valid and binding agreement.
5. Motu Proprio dismissal because of improper venue?
a) None because it is not one of those mentioned in Sec.1, Rule 9. The only exception to this is:
i. Summary Proceedings; and
ii. Small Claims
6. Bringing in new parties
a) Allowed
RULE 5
Wala daw itatanong ditto
RULE 6
(PLEADINGS)
1. Distinction between Permissive v. Compulsory (Recoupment v. Set-Off)
2. What are the pleadings that should be verified?
a) All initiatory pleadings
b) (please provide more?)
3. What are the responsive pleadings that should be verified?
a) Answer to the allegation of an actionable document. (Sec.8, Rule 8)
i. However, if not a party to the case then no need to verify.
4. What is an actionable document?
a) Deed of Sale
b) Promissory Note
c) Etc.
5. What if you did not Answer Interrogatory to Parties, is there a default?
a) Yes! Sec. 5, Rule 25 in relation to Sec. 5 of Rule 29
6. What happens if not verified?
a) Then considered as not signed
7. Acts of Forum Shopping v. Certification of Forum Shopping
a) Acts: Act of malpractice by filing multiple suit before different courts either simultaneously of
successively involving same parties, same cause of action, asking for same relief which is for the
purpose of seeking favorable judgment.
b) Cert: An affidavit; A condition precedent
i. Is there a motu propio dismissal?
1. No. Sec.1 of Rule 9
2. Remedy?
a. Appeal because such dismissal is with prejudice as provided by sec.1 of
Rule 16 (f) (h) (i)
8. Is a jurat part of a pleading?
a) GR: No.
i. Except: The pleading needs to be verified of a certificate of non-forum shopping.
9. Is a Bill of Particular a part of a pleading?
a) GR: No.
i. Except: Sec.6, Rule 12 if it has been filed then it becomes part of the pleading.

RULE 9
(DEFAULT)
1. Grounds under Sec. 1 of Rule 9 are also the exceptions to Omnibus Motion Rule (Sec. 8, Rule 15)
a. Lack of jurisdiction
b. Litis Pendentia
c. Barred by Prior Judgement
d. Prescription
2. Rule 9 in relation to Rule 11
a. All initiatory pleadings should be answered
3. Small Claims: NO DEFAULT
4. Requirements for Declaration of Default (Sec. 3, Rule 9)
a. Upon motion of the claiming party
b. Defending party fails to answer within the time allowed
c. With proof of such failure to answer
d. Proof of valid service of summons on the defendant
5. Generally, there is no Motu Proprio declaration of default since it needs to be in writing but Section 15 of
Rule 2 of Rules of Environmental cases provides that such is allowed.
6. Remedies in cases of default?
a. Motion to lift order of default (sec. 3, rule 9)
i. Needs to be verified
ii. Needs to be under oath; with an affidavit of merit stating the grounds (FAME)
b. Motion to admit Answer (provided that it is before rendition of judgment)
c. IF DENIED: then Certiorari under Rule 65 because such is an interlocutory order and under Sec.1
of Rule 41 it is not appealable.
7. Declaration of default is allowed
a. All initiatory pleading required to be answered 

b. Interrogatories to parties (Rule 29 S5) 

8. What are the cases where there is no default?
a. In an action for annulment of marriage 

b. Declaration of nullity of marriage 

 c. Action for legal separation 

d. Under Rules of Summary Procedure (S19) 

e. Under Rules on Environmental Cases 

f. Under Rules on Small Claim Cases 

g. Writ of Amparo 

h. Habeas Data 

9. Judgement by default
a. Remedies:
i. Before finality: MR or NT (Rule 37)
ii. After finality: Relief (38), (47), (65) and Collateral attack
10. What is a single motion rule?
a. Only one motion for reconsideration except:
i. When there’s compelling reason; only to be granted by the Supreme Court
11. What is Berry Rule?
a. MR or NT is allowed base on the ground of newly discovered evidence

RULE 10
(AMENDMENT)
1. Is amendment allowed to confer jurisdiction?
a. No. However if it is done before the filing of responsive pleading then it is allowed.
2. Distinction Amendment v. Supplemental

RULE 13
1. Sec.14, Rule 13: Lis Pendens is only applied if an action involves title to, possession and interest over a real
property
a. DENIED: Remedy?
i. Appeal within 5 days as provided by Sec. 117 of Property Registration Code
b. DENIED APPEAL: Remedy?
i. Petition for Review under Rule 43 filed in Court of Appeals
2. Lis Pendens v Listis Pendentia

RULE 14
(SUMMONS)
1. REMEMBER:
a. Persona;
b. In Rem;
c. Quasi in Rem: (i.e: Partition, Foreclosure of REM, Attachment)
2. Purpose:
a. Comply with due process; and
b. To acquire jurisdiction over the person of the defendant
3. Summon by Publication in Personam is it allowed?
a. Only when the identity and whereabouts of the person is unknown (Sec.14, Rule 14)

RULE 15
(MOTION)
1. Is a letter a motion?
a. GR: No. However, it can be a motion if there is compliance with the format of a motion.
b. Except in small claims:
i. A request oral or written is a motion: for example, a letter asking for resetting the
hearing because of LBM is allowed as provided by Sec. 3(e) of Rules on Small Claims
RULE 16
(MOTION TO DISMISS)
1. Memorize (a) to (j)
2. With prejudice (f) (h) and (i) then remedy is appeal
3. Who may grant Demurrer to Evidence?
a. Only trial court as provided by jurisprudence.

RULE 17
(DISMISSAL OF ACTIONS)
1. What is two dismissal rule? And what are the requirements?

RULE 18
1. Doctrine of Non-Suited
2. 1 day 1 witness rule
3. Most important witness rule

CONSTITUTIONAL PROVISIONS

1. What is the essence of due process?

The essence of procedural due process is found in the reasonable opportunity to be heard and
submit one’s evidence in support of his defense. (PDIC v Philippine Countryside Rural Bank)

2. What is the effect in case of violation of the right to due process law?
In case of violation of right to due process, then the judgment, order, or resolution or the
proceedings may be nullified since it is tainted with grave abuse of discretion amounting to lack or
excess of jurisdiction.

3. What is the remedy of the aggrieved party?

Since there is denial of due process and such resulted to GADALEJ the remedy is Certiorari
under Sec.1 of Rule 65.

4. What is the effect of violation of the right of equal protection?

The law, acts, judgment, order, resolution of the court or tribunal may be questioned on appeal
and nullified for being violative of the Constitutional mandate on equal protection clause before the
laws.
5. Can a direct appeal to the Supreme Court from the decision of the Ombudsman be made?
No. The provision of Sec. 27 of R.A 6770 insofar as it allowed a direct appeal to the Supreme
Court was declared unconstitutional being one which increased the appellate jurisdiction of the
Supreme Court, was enacted without the advice and concurrence of the court.

6. What is the proper remedy in case of adverse decision of the COA or the COMELEC?
File a petition for certiorari under Rule 65 in relation to Rule 64 to the Supreme Court within
30 days from notice of the judgment or resolution or from the order denying the motion for
reconsideration or new trial.

DOCTRINES AND PRINCIPLES

1. What is the Doctrine of Compassionate Justice?

It is a doctrine that provides that harsh provisions of the law and the rigid rules of procedure
may sometime be tempered and dispensed with to give room for compassion. (in rel Sec. 6 of Rule 1).

2. What is the Doctrine of Judicial Stability?

No court can interfere by injunction with the judgment or orders of another court of
concurrent jurisdiction having the power to grant such relief sought by injunction.

3. What is Clean Hands Doctrine?

It is a legal doctrine in which the defendant argues that the plaintiff is not entitled to obtain an
equitable relief because he is acting unethically or in bad faith with respect to the subject matter of the
complaint.

4. What is Totality Rule?

Where there are several claims or causes of actions between the same or different parties,
embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the
causes of action, irrespective of whether the causes of action arose out of the same or different
transaction. (Sec. 5(d), Rule 2)

5. Omnibus Motion Rule?

Sec. 8 of Rule 15 provides that all available objections that are not included in a party’s motion
shall be deemed waived.(HDMF v. Sps. Fidel and Florinda)

6. Principle of Competence- Competence

Means that the arbitral tribunal may initially rule on its jurisdiction, including any objections
with respect to the existence or validity of the arbitration agreement, or any condition precedent to
the filing of a request for arbitration.

7. Two- Dismissal Rule

When the notice operates as an adjudication upon merits when filed by a plaintiff who has once
dismiss in a competent court in an action based on or including the same claim. (Sec.1, Rule 17)

8. Doctrine of Non-Prosequitur
Whether, under the circumstances, the plaintiff is chargeable with want of due diligence in
failing to proceed with reasonable promptitude. There must be unwillingness on the part of the
plaintiff to prosecute. (Shimizu v. Magsalin)

9. Implied Admission Rule

Each matter should be denied specifically under oath setting forth in detail the reason why he
cannot truthfully admit or deny. The silence of defendant on the plaintiff’s request for admission amounts
to an implied acceptance of the facts set forth therein with the effect that plaintiff’s claim stood
undisputed. (Manzano v Despelabideras)
10. Principle of Non-suited
The failure of the plaintiff to appear shall be caused for the dismissal of the action. The
dismissal will be with prejudice except when the court orders otherwise.

11. One day one witness rule

It is a rule that examination of the witness must be terminated within 1 day, inclusive of direct,
cross, redirect, and recross examination unless the court will allow otherwise.

12. Doctrine of Immutability of Judgment

It is a fundamental legal principle that a decision has acquired finality becomes immutable and
unalterable, and may no longer be modified in any respect, even if the modification is meant to correct
erroneous conclusion of fact or law, and whether it may be made by the court that rendered it or by
the highest court of the land. The only exception to this is nunc-pro tunc entries which cause no
prejudice to any party.

13. Principle of the law of the case

Questions of law that has been previously raised and disposed of in the proceedings shall be
controlling in succeeding instances where the same legal question is raised, provided that the facts on
which legal issue was predicated continue to be the facts of the case before the court.

BARANGAY

1. What is the effect if the party failed to raise the issue of lack of barangay conciliation?
It is well-settled that non-referral of a case for barangay conciliation when so required of the
law is not jurisdictional in nature and may therefore be deemed waived if not raised seasonably in a
motion to dismiss. (Bañares v. Balising)

2. Can the complaint be dismissed on the ground of failure to refer the matter to the barangay
for conciliation on those cases falling under Summary Proceedings?
Yes. Sec. 19(a) of the 1991 Rules on Summary Proceedings provides that a Motion to Dismiss
is a prohibited motion, except lack of jurisdiction, or failure to comply with the preceding section. Sec.
18 refers to Referral to the Lupon.