1

REMEDIAL LAW Court distinguished from a Judge:

1. Court is a tribunal, while a judge is just an officer of such
(LAW: UNDER THE GENERAL PRINCIPLE OF RULES OF COURT) tribunal. (LAW: UNDER THE RULE ON JURISDICTION)
2. Court has a separate personality and distinct from the person II. JURISDICTION
who seats;
I.GENERAL PRINCIPLES 3. Court is an office while a judge is an officer.
A.CONCEPT OF REMEDIAL LAW Define-the power and authority of the court to hear and decide the case
-prescribed the method of enforcing rights or obtaining d redress for Rule that jurisdiction is conferred by the court and not the judge. Means as well to execute judgment and final order.
invasion. that trials may held at any branch or judge of the court but jurisdiction
vested in the RTC. -Both substantive and procedural in character.
B.SUBSTANTIVE LAW VIS-À-VIS REMEDIAL LAW
Definition: -method of enforcing the Classification of Philippine Courts: A.OVER THE PARTIES
-part of law wc creates, rights or obtain redress 1. First Level-MTC, MTC in cities, MetropolitanTC, MCTC. - Define as the power to render personal judgment against a party the
defines and regulates d for their invasion. 2. Second Level-RTC court.
rights and duties wc give 3. Third Level-CA. CTA, and -How juris obtained:
rise to a cause of action 4. Fourt Level-SC 1. To plaintiff, by filling a complaint or petition for minatory pleading. He
Vested rights: -no vested rights. submit himself to the court jurisdiction.
-creates vested rights Courts of Original and Appellate Jurisdiction 2. To defendant, either valid service of the summons or by his voluntary
Aplication: -applicable to pending Original Juridsdiction- Courts under the law, who has the power to hear submission to the court authority or other coercive means.
-Prosepective in action and are deemed and decide the case for the 1st time or where the case is commenced; B. OVER THE SUBJECT MATTER
application. retroactive. Appellate Jurisdiction-Courts under the law who have the power to review -Define, power to hear and decide the case of the general class.
Source: -not. The SC can amend on appeal the decisions or order of the lower court.
-Originates from the and suspend dude. -Jurisdiction vs. Exercise of the Jurisdiction
Legislature. SC can’t Courts of General and Special Jurisdiction -the authority to hear -where there is a
diminish add etc. Courts of General Jurisdiction-have the competence on their own to take and decide the cases. jurisdiction of the person
Ex:Penal Code Ex: The Rules of Court. cognizance of the cases except those expressly withheld from them either and subject matter, the
That’s why Remedial Law by the law or rules and competence to exercise jurisdiction over cases not decision of all other
gni. falling within the jurisdiction of any court, body, person or quasi-judicial question arising it is an
functions. exercise of jurisdiction.
C.RULE MAKING POWER OF SC Special or Limited Jurisdiction-Courts whose jurisdiction extend only to
-The SC has d constitutional power to promulgate rules concerning specified cases. -Error of Jurisdiction vs. Error of Judgment
pleading, practices and procedure. TN. 1987 Consti now gives absolute SC -is one wc is sissued by -is one wc the court can
power above, 1935 and 1973 Congress has power then to repel and alter Constitutional and Statutory Court the court, commit in the exercise of
or supplement d rules of court. But it was abolished by the 1987 Constitutional Court- The SC only, created by the Constitution. Cannot be -Render the judgment the jurisdiction. Such
Constitution. legislated. void and is corrected by does not make the
Statutory Court- The law created other than Constitution. Other court are special writ of certiorari. decision void and may
Limitation of SC Rule-Making Power: Statutory except the SC. serve only reversal of
1. Simplified; judgment.
2. Inexpensive and speedy disposition of cases; Courts of Law and Equity -can be reviewed by
3. Uniform for the court of same grade; and Courts of Law- those tribunal administered laws of the land. appeal.
4. Shall not diminished, increase or modify substantive Courts of Equity-Tribunal administered according to precept of
rights.(Consti) conscience or justice. What is right and wrong.
5. TN. Phil Courts are both Courts of Equity and Law. C. HOW JURISDICTION CONFFERED AND DETERMINED
Power of the SC to suspend, amend procedural laws: Determined:
Yes. SC has sole prerogatives above and established new rules for Principle of Judicial Hierarchy- Lower courts should be the first to 1. Subject Matter- only allegations in the complaint regardless of
simplified and inexpensive procedure. (Jurisprudence). Ex: administer justice and redress before it is considered to higher court. WON the plaintiff is entitled.
1. Relive litigant from an injustice; Rationale: Conferred:
2. GF of d defaulting party; by paying within reasonable time from default. 1. Limited time and; By the Constitution or by the Law.
3. The existence of special and compelling reason; 2. Result in delay if not remanded to proper court of forum.
4. Merits of d case; TN. Not absolute, subject to the SC original jurisdiction: (S-W-I-N-E) Doctrine of Primary Jurisdiction
5. FAME without appellants fault (Fraud, Accident, Mistake and Excusable 1. Special Reason; -The courts will not resolve a controversy involving a question of wc is
Negligence). 2. Welfare(public); within the jurisdiction of Administrative tribunal requiring its knowledge
6. Attendant of court sound discretion 3. Interest of Justice requires and expertise.
4. Nullities of Order
D.NATURE OF THE PHILIPPINE COURT 5. Exceptional and Compelling reason. Doctrine of Adherence of Jurisdiction
-Is an organ of gov’t belonging to d judicial dep’t the function of wc is d -Once the court has acquired jurisdiction, it cannot be ousted by
application of the laws to controversies brought b4 it as well as d public Doctrine of Judicial Non-interference subsequent acts, it continues until the court finally disposes of the case.
administration. -Courts of equal and coordinate jurisdiction cannot interfere with each
other order. Applies only with court of equal jurisdiction.
 2

In a case of Recovery of debt: The jurisdiction is determine by the amount c. With the RTC and CA: b. E.O. 2 ( Illegal Acquisition and Misappropriation of
sought to be recovered in the allegation of the complaint and not the 1. Petition for Habeas Corpus (HC); Marcos and their relative, dummies, agents, etc);
actual award of the court subsequently. 2. Petition for Quo-Warranto; c. E.O. 14 Ill-gotten Wealth Cases
3. Petition for CPM against inferior courts and other d. E.O.14-A (Amendments thereto).
D. OBJECTIONS TO THE JURISDICTION OVER SUBJECT MATTER bodies;
TN. The court may muto proprio dismissed the case if its appear from the d. With the RTC, CA and Sandiganbayan: 2. Concurrent:
pleading or evidence in record that the court has no jurisdiction, Rule 9. 1. Petition for Writ of Amparo; a. With the SC:
2. Petition for HC 1. Petition for CPM or against the WON in aid of its
When, a party may raise/objection the issue of jurisdiction over the 3. Appellate : By way of appeal by Certiorari Appellate Jurisdiction;
subject matter- As a ground in a motion to dismiss or as affirmative under Rule 45 against 2. Petition for HC, injunction and other ancillary writs
defense in the answer. a. CA in aid of its Appellate Jurisdiction and Quo-
b. Sandiganbayan warranto
Effect of Estoppel on objection to the Jurisdiction-Whille jurisdiction may c. RTC on pure question of law b. With SC, CA and RTC:
be raised at any time by the court, nevertheless it is settled that the court d. Vallidity of treaty, internatl agreement or 1. Petition for the issuance of writ of Amparo and
may barred a party from raising it on ground of estoppel. executive agreement, PD, proclaimaiton, Writ of HC.
It must be raised belated as to give presumption that they abandoned instruction, ordinance. Legality of tax, impost,
such right. assessment, toll or penalty of d lower jurisdiction; RTC AND MTC
e. CTA enbanc
Tijam Doctrine-is apply only in case of exceptional circumstance and not
applies as a GR. Such is incorporated under the Rule 47, Sec 3. It states Court of Appeals for Civil Action: Civil Cases:
that an annulment by the CA of judgment or final order and resolution in 1. Exclusive and Original-Actions for annulment of judgment of RTC MTC
Exclusive If the Gross Value, If the Gross Value,
civil actions of the RTC for wc the ordinary remedies of new trial, appeal RTC
claim or demands claim, demand
and petition must be files within 4 yrs from its discovery if based on 2. Concurrent: Original
exceeds does not exceed
extrinsic fraud; and if lack of jurisdiction b4 it may be barred by laches or a. with the SC: 300k(outside 300K (outside
estoppel. 1. Petition for CPM against the RTC Metro Manila), or Metro Manila, or
Exceeds 400K does not exceed
2. Petition for Writ of Kalikasan;
(Metro Manila) 400K(Metro
E. OVER THE ISSUES 3. Petition for CPM against the NLRC, the petition Manila).
Define- as the power of the court to try and decide the issues raised in the should filed with CA before SC. 1. Actions involving personal prop
pleadings of the parties. b. With the SC and RTC: depending on the value;
How conferred and determined- by the pleadings of the parties. WON 1. Petition for HC 2.Admiralty and Maritime cases depending
on the amount of demand or claim;
such was a question of facts or laws. It may also be conferred by: 2. Petition for Quo-warranto; 3. Probate Proceeding (testae or entestate)
1. Stipulations of the parties, Rule 1; 3. Petition for CPM against inferior court and depending on the amount of claim.
2. Waiver or failure to object to the presentation of the evidence other bodies; 4. demand of money depending on the
in the matter not raised in the pleadings, Rule10, sec.5. c. With the RTC, SC and Sandiganbayan: Amount of.
Note: Exclusive (indi dala) of interest, atty
1. Petition for Writ of Amparo; fee, damages, expenses and claim of
F. OVER THE RES OR PROPERTY OF THE PROPERTY IN LITIGATION 2. Petition for Writ of HC. whatever kind, litigation and expenses (I-D-
Jurisdiction over the res-refers to the court jurisdiction over the thing or A-L-E-C-)
property under the litigation. 3.Appellate Jurisdiction: , the amount must b specifically alleged but
the filling fess thereon must be paid.
How acquired: a. By way of ordinary appeal from d RTC and Family Court;
1. Seizure of the property under legal process, brought into b. By way of Petition for Review from the RTC rendered in Note: Above applicable only if damages is
actual custody of the law; the exercise of its appellate jurisdiction; just a mere incidental to the main action. If
2. Result of institution of the legal proceeding. c. By way of Petition for Review from the Decision, it’s the main action then the amount of
such claim shall be considered in
Resolution, orders and awards of the: determining the jurisdiction of the Court.
G.JURISDICTION OF THE COURT 1. CSC;
Give the Outline of Jurisdiction of the Court in Civil Cases: 2. Office of the Ombudsman
in Administrative F the Assessed F the Assessed
Value or interest in Value or interest in
SC for Civil Cases: disciplinary cases; the real prop the real prop does
1. Exclusive and Original-Petition for Certiorari, Prohibition, 3. Other bodies mentioned in exceeds 20 not exceeds 20
Mandamus against the(Rule 65)CPM: Rule 43. K(outside MM), or K(outside MM), or
a. CA 3. Exclusive Appellate jurisdiction over the exceeds 50k (MM). does not exceeds
50k (MM).
b. COMELEC decisions of the MTCs in Cadastral or Land
5. Actions involving title to or possession of
c. COA Registration cases pursuant to its delegated real prop, or any interest therein depending
d. Sandiganbayan jurisdiction. on the assessed value.
2. Concurrent: hierarchy of the court must still be exercise:
a. With the RTC-Cases affecting Ambassador, other public CTA (Refer to Taxation Law)
minister and consuls.
b. With the CA- Sandiganbayan for Civil Cases:
1. Petition for CPM or against the RTC; 1. Exclusive Original Jurisdiction: Cases involving violations of
2. 2. Petition for Writ of Kalikasan. a. E.O. 1 (Creating the PCGG);
 3

6. Actions the 6.Inclusion and Delegated ------------------- May be assigned by wills issuance of marital rightd;
Subject matter of exclusion of voters; th Sc to hear and letter of admission g.Disputes relative
wc is incapable of 7.Rules on decide Cadasral regardless of the to the communal
pecuniary Summary and land nature and properties.
estimation; Procedure Cover: registration cases aggragate value of
7. Cases not within a. Forcible Entry where no the property;
the exclusive and Unlawful controversy arsing 3.Petition for the
jurisdiction of any Detainer (FEUD). Allor opposition or declaration of
court. Tribunal, Note: To determine if there is the value absence and death
person, bodies, the issue of does not exceed for the cancellation
quasi-judicial possession; 100K. or correction of
functions Note: Irrespective entries in the
8. under Sec 5.2 of of the amount of Muslim;
Securities and damages of unpaid 4.All actions arising
Regulation Code to rental sought to be Family Courts from the customary
hear and decide: recovered; Exclusive Original Family Courts contracts in wc the
a. Devices or Note: If ATty fee to Jurisdiction 1. Petition for guardianship, custody of parties are
scheme employed be awarded it children, Habeas Corpus for Corpus Muslims, if they
by any BOD, should not exceed Involving children (but the SC and CA have not specified
Directors, business 20K have not been deprive of its wc law shal govern;
associates, officers b.Othr Civil Cases, jurisdiction); 5.All petition for
amounting to fraud except probate 2. Petition for adoption and revocation; CPM injunction and
and proceeding where 3. Complaint for annulment of Marriage HC and all other
misrepresentation; the total amount of and declaration of nullity of marriage auxiliary writs and
b.Intr-Corp the plaintiff claim matter relating to marital status, and process in aid of its
Activities; does not exceed property relations of H and W or those appellate
c. Election or 100K or not exceed living together under diff status, jurisdiction.
appointments of 200K in MM, petition for dissolution of conjul Concurrent 1.Petition by
directors and exclusive of partnership of gains muslim for the
trustee; interest and costs. 4. Support and Acknowledgement. constitution of a
d. Petition of Corp, 5. Petition for declaration status of family home,
Partnership or children, voluntary or involuntary change of the
Association to be commitment to children, parental name and
declared in the authority. commitment of an
State of Suspension Noted: Under Family Code the Family insane person to
Special SC may designate Petition for HC for Home is deemed constituted hence, no asylum;
certain branchs of application of bail need for constitution. 2. All personal and
RTC to try exclusive incrim cases in the legal action not
Crim Case juvenile absence of RTC Special Provision Remedies: mentioned in par 1
and domestic rel judges in the 1. In case of violence among wherein the parties
agrarian and urban province and city. Family members living involve are Muslim;
cases not falling together, the Family Court 3.All special action
within any other may issue a restraining for interpleader or
body. order against the accused declaratory relief
Concurrent With the SC: or defendant upon verified where they are
Actions Affecting compliant or the victim Muslim and prop
ambassadors and form abuse. also.
public min and 2. Temporary custody of Appelate 1.SDC shall have
consuls. children in all Civil Action appellate
for their custody, support jurisdiction for the
With the SC and CA including deduction from SCC;
Petition for HC; salary and used of conjugal 2.SDC shall decide
Quo-Warranto; home. the case appealed
CPM agaist inferior In areas where no Family Court-the RTC to it on the basis of
court. shall be as substitute. evidence and
record transmitted
With the SC, CA, Shari’a Courts Jurisdiction as well as brief and
and Memorandum
Original and Shari’a Ditrict Shari’a Circuit
Sandiganbayan: submitted by the
Court Courts
Petition for Writ of Exclusive parties.
1.All cases involving 1.Offenses defined
Amparo, HC Note : the decision
the custody, and punished
of SDC whether on
paternity, under PD1083;
With the Insurance appeal from the
legitimacy, and 2.Diputes relating:
Commissioners: SCC or not shall be
filiation arising a.Marriage;
Single claim not final. Nothing shall
under Muslim b.Divorce;c.
exceeding 5M. be affect the
Personal Code; c.Breach of
original and
2. Cases of contract to marry;
Appellate All cases decide by --------------- appellate
distribution of d.Customary
the lower court jurisdiction of the
property, dower;
except decision of SC as per
distribution and e.Disposition and
lower court in the Constitution.
settlement of Distributed of prop
exercise of estate of deceased upon divorce;
delegated muslim probate of f.Restitution of
jurisdiction.
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H.OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY muto proprio by special rules ordinary rules.
PROCEDURE AND BARANGAY CONCILIATION: refer the cases to Initiated by
the Lupon Pleading and Parties responded Petition of parties responded
concerned for through answer or summons by means and opposition after
amicable notice and publication made.
SMALL CLAIM S SUMM PROCEDURE BRGY.CONCILIATION settlement. Period of appeal
CASES COVERED: 1.All cases of All disputes Criminal cases When punishable 15 days and notice of appeal 30 days and aside from notice
Civil Claim wc are forcible entry involving parties covered: by imprisonment suffice. of appeal, a record of appeal is
exclusively for the and unlawful who actually 1.Violations of of not more than required.
payment or detainer resides in d same Traffice Laws 1 yr or fine of not Court w/ jurisdiction
reimbursement of a irrespective of city or rules and more than 5K. Court with geneal jurisdiction Court w/ limited jurisdiction
sum of money not the amount of municipality may regulation;
exceed 100k exclusive damages or be the subject of 2. violation of
of interest and and unpaid rentals the proceeding for rental laws; Personal Actions and Real Actions
cost: sought to be amicable 3.Violation of Personal Action-founded in the privity of contract; while real contract
recovered. Atty settlement in the mun and city affecting title to or possession of real prop or interest therein.
a.Purey Civil in Nature fees not exceed Barangay, except: ordinances;
where the sole prayer 20K; and A .One party is the 4.BP22
is payment of the 2.All other civil gov’t or any 5.Other crim Local and Transitory Actions
money, or; cases, except subdivision or cases where the
b.Civil Aspect of Crim probate instrumentality penalty is Local Actions-brought in the place where the subject property or part
action, either filed b4 proceeding, thereof imprisonment thereof is located. Ex: Action for recovery of real property.
the institution of crim where the total b.One party is a not exceeding 6
action, resrve upon the amount of public officer or months and/or Transitory Actions-depends on where the party resides regardless where
filing of crim action in plaintiff claim employee and the fine of 1000 the cause of action arose or subject thereto. Ex:Recovery for a sum of
court pursuant to Rule does not exceed disputes relates to irrespective of money.
111. 100K or does not the performance other penalties
exceed 200K in of his official or civil liabilities
These claim of demand MM, exclusive of function; arising;from
Test to determine the Nature of the Cause of Action:
may: interest and c.Offenses 6. Offenses 1. If the ultimate test is to recover real property then there is
1. For money owed cost. punishable by involving real action; or
under: imprisonment damage to 2. The allegations of facts and relief prayed.
a.Contract of exceeding 1 yr or property through
lease,Loan, a fine exceeding crim negligence
Services,Sale,Mortgare. 5K; where the Action in Personam In Rem Quasi- In Rem
2. For damages arising d.Offenses imposable fine Directed: thing Particular person
from Fault or involves no not exceeding Against particular
Negligence or quasi- private party; 10K. person
contracts e.Real properties Jurisdiction: Not required Not requires so
3. The enforcement of involve located in I.TOTALITY RULE Acquired over the long the
brgy amicable diff cities, mun, -when there are several claims or cause of action bet the same or diff parties embodied in defendant. jurisdiction is
settlement or an UNLESS they the same complaint the amount of the demand shall be the totality claim, irrespective if they acquired over the
arbitration award agree for arose in the same or diff transaction. res(prop)
involving money claim submission by -Applies wen test of jurisdiction is dependent upon the amount involve, the test of Purpose: The state or Subject the person
covered by this rue appropriate jurisdiction shall be the aggregate sum of money demand, exclusive of cost and interest and Impose liability condition of the over a particular
pursuant to Sec 417. Lupon. where there are common question of law or facts. person of thing prop to an
f. Disputes defendant. obligation or lien.
involving parties III.CIVIL PROCEDURE Judgment Effect: Whole world Particular person
who actually Binding upon the
resides in brgy of Meaning of Ordinary Civil Actions parties.
diff cities and -A party sues another for the enforcement or protection of a right, or prevention or redress Example: Probate proceeding Action for Partition;
municipality, of wrong. Specific ;cadastral Action to
EXCEPT, where Performance; proceeding Foreclosed real
they brgy ADJOIN Meaning of Special Civil Action action for breach of estate mortgage.
eac other and d -Actions wc while governed by the rules for ordinary civil actions are subject to specific rules contract.
parties agreed to prescribe for under Rules 62 to 71.
the submit for AS
by an appropriate Meaning of Crim Actions Action in personam can be converted into an action in rem or quasi-in
Lupon; -action by wc the states prosecutes a person for an act or omission punishable by law. rem by:
g. Other disputes -In an action personam for recovery of money filed by d creditor against
where the Ordinary Civil Actions vs Special Proceedings
President may
the debtor, such can b converted in rem or quasi in rem Rule 57, Sec (1), F,
Special Proceeding- application to establish the status or the right of a party or a particular
determine in the fact or any remedy other than the ordinary suit in a court of justice. (SRF) provides that prelim attachment could be issued in case swhere the
interest of justice defendant could not be served with summon. If such the remedy is to ask
or upon Ordinary Civil Action vs. Special Proceeding the plaintiff as to the issuance of the writ of prelim attachment and to
recommendation Nature
of Sec of Justice.
attached the property of the defendant in order for the court to acquire
Plaintiff vs. Defendant No Adveres party
The Court wc non jurisdiction.
Purpose
crim cases falling Protect or enforce a right or Establish a right, fact or status.
within the The probate of a will wherein the estate consist only of personal prop is
prevent redress wrong.
authority of the
Lupon under this
Governing Rules an action in rem wc is the at d same time a personal action. It also a
Code are filed at personal action because it does not involve the title or possession of real
Ordinary Rules supplemented Special Rules supplemented by
any time b4 trial, property.
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Joinder and Misjoinder of a COA

Independent Civil Action
Article 32-34 of the Civil Code. They may proceed independently of the
crim action and shall require only preponderance of evidence.
B. CAUSE OF ACTION(COA)
Meaning of Cause of Action-Acts or omission by wc d party violates the
rights of another person.
Joinder of COA is uniting of 2 or more demands or right of an action in a In a case the lessee is the indispensable party and not incidental party.
complaint.
3.Who can be representative as a party?
Test involve in a joinder of COA: -Trustee or an express trust, guardian or executor or administrator of a
1. WON recovery from other would bar from the other; party authorized by the ROC.
2. WON same evidence would support the other different -They can be a l party in interest who shall act as as a fiduciary capacity,
counts; the beneficiary shall be included in the title of the case. However, an
3. WON more than one distinct primary right or subject of agent may be sue without disclosing the principal, except if the contract
controversy is alleged for enforcement or adjudication. involves thing belonging to the principal.

COA vs. Right of Action(ROA) Limitation to the joinder of COA: 4.Necessary Party
Delict or wrong Right of the Plaintiff to 1. Should comply the rules of joinder of parties; Not indispensable but ought to be joined as a party if complete relief is to
committed by the institute action. 2. Not include special civil actions or governed by special rules; be accord or complete determination of the case.
defendant. 3. COA are bet the same parties but pertain to diff venues of -Failure of inclusion not Bar the court from proceeding the the judgment
Determine by Pleading By Substantive Law jurisdiction, the joinder may be allowed in the RTC provided and without prejudice to them. Deemed waiver if not comply with the
NOt Subject to Statute of one of COA falls within the jurisdiction of said court and venue order of the court to implead such.
Limitation, Estoppel etc. lies therein;
4. Claims in all the COA are principally for recovery of money, the 5.Indigent Party
Elements of a Right of Action: aggregate amount claimed shall be the test of jurisdiction. One who has no money or property sufficient and available for food,
1. Existence of a COA; shelter and basic necessities for him and his family. There can be a
2. Performance of an action precedent to the bringing of an How may COA be joined representative for them. No docket fees payed but shall constitute lien on
action; Commulative or alternative. When? One is seeking relief for all his causes the judgment of the case as provided by the court.
of action
TN FAILURE TO STATE COA There can be several implead defendant as many if not sure on who he is
-complaint subject to the dismissal on the ground to failure to state COA. Alternative joinder-exist when the COA is against either one or the other entitled to the relief. Join or all of them as alternative defendant.
Rationale: It is only the reason why a complaint exist. defendant.
-Not a bar from the filing another. Without Prejudice. Compulsory and Permissive Joinder of Parties
Misjoinder of COA when exist? When 2 or more COA were joined in one Permissive joinder of parties is allowed in:
Failure to state COA vs. Lack of COA complaint when they should not be joined. 1. Right of relief arises from the same transaction or series of
Failure to allege COA in Evidence does not -There can be valid judgment though, of misjoined COA . transaction;
the complaint. sustain COA -Provided no Special rule ha. 2. Question of law or fact common to all the plaintiff and
Raised under Rule 16 b4 -Raised as ground for -Not ground for dismissal of COA. defendant;
responsive pleading is demurrer to evidence -If no objection of the improper joinder of COA or court did not motu 3. Not proscribed on the provision of the rules and jurisdiction
filed and can b under Rule 33 after the prorio direct severance, then there exist no bar in simultaneous and venue.
determine only on the plaintiff has rested his adjudication of all erroneously joined COA. But if no jurisdiction ang court
initiary pleading and not case and can be resolve the other has to be severed from the other and such in effect if there is When joinder of parties compulsory:
from evidence only on the evidence adjudication null and void. Being indispensable party and court shall order to implead if not
presented. presented. impleaded.
Not arise to falsity Falsity as determine by C. PARTIES TO THE CIVIL ACTION
judg. Real parties in interest, indispensable party, representative as party, Misjoinder and Joinder of Parties:
Necessary party, Indigent Party, Alternative Defendants When there is a misjoinder of party-made a party though should not
impleaded.
Test of Sufficiency of COA
1. Real Party in Interest:
-WON admitting the facts alleged the court can render a valid judgment
-One who will be benefited or injured by the judgment In a suit. Unless Non joinder of parties-a party is not joined when he is supposed to b
upon the prayer thereof.
otherwise, provided by the Rules of Court in contrary. joined but impleaded in an action.
Splitting a COA and its effect
2. Indispensable Party: Class Suit
Define as splitting a single COA wc is the act of instituting 2 or more suits
Real party in interest without whom no final determination can be had of
for the same COA.
an action. In joinder of COA, indispensable party is mandatory. The Requisites of a class suit:(Definition also)
-Effect, the filing of one (litis pendentia) or a judgment upon the merits (re
presence of such is condition sine qua non to the exercise of judicial 1. The subject matter of the controversy is one of common of
judicata) in one shall be aground for DISMISSAL OF OTHERS. Lies upon
power. general interst to many person;
the discretion of the Court.
2. Numerous that its imoractical to join them;
Effect of not impleading the indispensable party (3 things) 3. Sufficient in number and representative of the class as to fully
Ex: There was a multiple cases based on the same COA athough with
-Not ground for dismissal; and protect the interest of of all concerned;
different prayer. Two remedies that arise from the one wrongful act
-The Remedy is to implead the non-party claimed to be indispensable. By 4. Representative sues or defend for benefit of all.
cannot be pursued. The debtor filed a complaint for for declaration of
the motion of the party or court at any stage just;
nullity of the foreclosure proceeding and a separate complaint for
-Otherwise, the court may dismisses the complaint of the petitioner does Suits against the Entities without juridical personality
damages arising of such.
not obey with the court order to implead such.

Sued under the name wc they are commonly known but cannot sue
under such name. In an answer by the d defendant the names and
addresses of such entity must be revealed.
Effect of death of the Party Litigant:
To complaint:
1. If the claim is not extinguished by the death of litigant-the
counsel shall inform the the court of such fact within 30 days
from of death and to give the name and address of the
defendant.
Ex. Of such complaint not terminated by death is cases involving property
and prop rights like recovery of real and personal prop against the estate;
enforcement of lien on such items; recovery of injury to person or
property by reason of death.
The Heirs will be substituted for the deceased or if no the court will order
for an executor and administrator for the estate of the deceased. Need no
summon but the order served upon the parties for the court to acquire
jurisdiction.
Note: F the action does not survive, like purely personal actions for
support annulment of marriage and legal separation) the Court shall
dismiss the case. Substitution not required.
Rules when the action survives the death of of the party:
1. Contractual money claims:
a. Plaintiff dies-the case will continue , heir or legal
representative succeed;
b. Defendant dies-
c.1 B4 entry of final judgment, case continue until entry of
final judgment;
C.2 After entry of Final Judgment but B4 execution, all claims
against the decedent WON due, contingent, must be file
within the time limited in the notice as claim against the
estate. The plaintiff cannot moved for execution under Rule
39;
c.3 After levy or execution but B4 auction sale- the prop
actually levied may be sold for the satisfaction of the
judgment.
2. Non-contractual money claim(Sec7, Rule 86 and Sec.1 Rule
87),there must be substitution
D. VENUE
Venue vs. Jurisdiction (TN Format for differences)
1. V is the Place where the cause is instituted, heard or tried; J is
the Power of the court to hear and decide a case.
2. V is procedural; J is substantive.
3. V may be waived; J-cannot be waived its conferred by law.
4. V-may be subject of written agreement of the parties; J-
cannot.
5. V- not a ground for dismissal except in summary proceeding;
J- Lack of such can be ground for dismissal.
Venue of Real Actions
Local, the venue is the d place where the real property is situated or part
thereof.
Venue of Personal Actions
Transitory, residence of the plaintiff or defendant at the option of the
Plaintiff.
Venue of Actions against Non-residents
TN. Personal Action and such is defendant-the venue of Plaintiff or where
the Non-resident may be found at the election of plaintiff.
Note: Real Action, defendant non-resident not found in the Philippines
and affect the personal status of the plaintiff or prop of the defendant in
the Philippines-venue the residence of the plaintiff or where the prop is
situated.
When Rules of Venue not Apply
1. Substantive Law-Action for Damages arising for libel; the; the Power of
the SC to order a change of venue to avoid miscarriage of Justice;
2. Parties have validly agreed in writing b4 the filing of the action on the
exclusive venue thereof.
Effects of stipulation on venue
Requisites:
1. The Agreement must be made in writing;
2. Made b4 filling the action;
3. Exclusivity for selection of the V.
TN. Mere stipulation on venue by the parties not enough to preclude
parties from bringing the case in other venue, there must be restrictive
language in that suit may be filed only in that court.
E. PLEADINGS
-written statements of the respective claims and defences of the party
submitted to the court for appropriate judgment.
Kinds of Pleadings
1. Complaint
-initiatory pleading alleging the plaintiff’s cause/s of action.
(R-U-N)Name and Residence, concise statement of ultimate
facts constituting the plaintiff COA. Jurisdiction of the court
and nature of the action are determined by the AVERMENTS
in the complaint.
2. Answer
-is a responsive pleading in wc a defending party set forth
defense. Only applies in CIVIL CASE. It may be answer to
Counterclaim, cross-claim, 3rd party complaint or complaint in
intervention. Defendant may set up Negative and Affirmative
defense only.
A. Negative Defense- Specific denial of the material facts
alleged in the pleading of d claimant essential to his cause/s
of action.
B. Negative Pregnant-Admission of the substantial facts
In the pleading responded. Not specific denial and is actually
Admission by merely repeating the allegation in the complaint
in a negative form.
C. Affirmative Defense-Nature of confession and admission.
They admit allegations of the complaint to be true yet the
matters set out in thin the answer DENY or TAKE AWAY the
Plaintiff Right of action. Ex: Fraud, Statute of Limitation,
Release, Payment Illegality, Statute of Frauds, Estoppel,
Former Recovery and any other depensa ah!
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3. Counterclaims
-Claims by the defendant to the P(Plaintiff) and partake like a
complaint by the D(Defendant). Either CC or PC.
a. Compulsory Counterclaim
-Elements: (Reg-N-T-J-C)
a. Cognizable by the Regular Court;
b. Necessarily connected with the transaction or occurrence
wc is the subject matter of the opposing party’s claim;
c. Not require presence of 3rd person;
d. The court has the jurisdiction both as to amount and nature
except that in the Original Action b4 the RTC, counterclaim
must be compulsory regardless of the amount.;
e. The party has a counterclaim when he files his answer.
-Why it is important to file CC-Coz the failure to file CC by the D shall bar
its institution, however:
1. If the CC mature or was acquired after the D had serve his
answer -it may be pleaded by filing supplemental answer
b4 the judgment with the permission of the court; and
2. When a pleader fails to set-up a counterclaim through,
OVERSIGHT,INADVERTENCE, EXCUSABLE NEGLIGENCE OR
WHEN JUSTICE REQUIRES (J-O-I-E), he may, by leave of court
set up set up Counterclaim by Amendments to the
pleading B4 judgment.
Ex: When filing an injunction case he failed to set up the Compulsory
Counterclaim also. The SC held that CC cannot be the subject of a
separate action but should be in the same suit involving same transaction
(SEE elements guid pirme), otherwise it is deemed waived. Since,Forbes
Park filed a motion to dismiss, its existing CC at that time is now barred.
(So ang plaintiff diri ang nagfile injunction but was dismissed by the court.
Thereafter and defendant gusto mg recover damages sa sina nga issue.
Held not entitle to damages coz failure to set it up as compulsory
counterclaim during he files his answer. In simple understanding dapat ma
set up ka agains the plaintiff pirme for a claim of damages par aka entitle
if in favour simo ang kaso.
b. Permissive Counterclaim:
-Ones f missing/absent of an elements of COMPULSORY
COUNTERCLAIM.
Permissive vs. Compulsory Counterclaim
1.PC may be set up as independent action and will not barred if not contained
in the answer in the complaint; CC shall be set up , otherwise it will be
completely barred.
2.PC is considered initiatory pleading; latter is not’
3. PC accompanied by Certifiaction against forum shopping and whenever
required by law cert to file issued by Lupon Tagapamayapa; CC does not
required.
4. PC must be answered by the party against the one interpose, otherwise he
may be declared default; CC need not and will not cause for declaration of
default.
In a case: D in an answer states that P claims that D owes him 4K on the mobile
phone that she sold to him; but P owes D 6K for the car that he borrowed.
Held:2nd statement considered permissive counterclaim. No logical relation bet
claim(of the plaintiff) and the counterclaim(of the defendant).

Effect of Counterclaim when the complaint is dismissed
-Allow the D to prosecute the counterclaim WON in same or separate
action where dismissal is:
1. Where the complaint is dismissed due to plaintiff’s fault- and at time
when a counterclaim has already been set up. The dismissal is also
without prejudice to the right of the defendant to prosecute his
counterclaim in the same or separate action.
2. Plaintiff himself file such-after the D has filed an answer with
counterclaim The dismissal is also without prejudice to the right of the
defendant to prosecute his counterclaim in separate action or within 15
days from notice of motion, he manifest his counterclaim resolve within
same proceeding.
3. Motion to dismiss was file, can be pleaded as affirmative defense in an
answer, and in discretion of the court to conduct Prelim Hearing as if the
motion of dismiss has been filed thereon( in the Affirmative Defensed). If
Motion to Dismiss granted, counterclaim not dismissed.
4. Cross-Claims
-Claim against one party to co-party arising out of the
transaction or occurrence that is the subject matter of either
the original action or counterclaim. Cross-Claim maybe filed
against an original Cross-claimant.
5. Third(Fourth, etc.) Party Complaints
-Complaint independent of the plaintiff complaint, where the
defendant may with leave of court, file against a person not a
party to the action for contribution, indemnity or subrogation
or any other relief in respect of opponents claim.
6. Complaint in Intervention
-pleading filed by a 3rd person who is not a party to the action
but has interest n the action, asserting either or all of the
original parties to the action, Such party may. With leave of
court become a party to the pending action.
7. Reply
-Responsive pleading to an answer. Function to deny or
allege facts in denial or avoidance of new matters alleged by
way of defense in the answer, thereby joining or making issue
as to such new matters.
-Reply as GR not mandatory and will not have an adverse
effect since all new matters alleged in the answer(Reply) will
be deemed controverted.
-When filed advisable-when defense in the answer(ANSWER)
is based upon a written instrument hence the Plaintiff has to
file reply under oath if he desire to deny specifically the
genuiness and due execution of the document and avoid
admission of such matters.
Pleading allowed in Small Claims Cases and Cases covered by the Rules
of Procedure
-Small Claims: (SC-Res-Coun)
1. Statement of the Claims
2. Response;
3. Counter-claim in the response
Note: Defendant can file permissive counterclaim also provided that the
amount and nature is covered by the Small Claim and docket fees, etc are
paid.
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Summary Procedure Requirement for a corporation executing the verification/certification of non-
All must be verified: forum shopping
1. Complaint; -Executed either properly authorized person or by the Lawyer of the Corp as
2. Compulsory counterclaim pleaded in the answer long authorized and has personal knowledge of the facts required to be
3. Cross-claim pleaded in the Answer and answers thereto disclosed therein (there must be a resolution from the BOD pa).
Effects of the Signature of the Counsel in a pleading
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-Signify that he has read the pleading that to the best of his knowledge,
information and belief there is a good ground to support it and not interposed
Parts of Pleading as a delay.
1. Caption 4. Allegations in the pleading
-Name of the court, the title of the action wc indicates the names of the
parties, and the docket number if assigned. a. Manner of making allegation
Must be plain, concise and direct statement of the ultimate facts
2. Signature and Address on wc the party pleading relies for his claim of defense omitting
-Every pleading must be signed by the parties and counsel representing him, statements of evidentiary facts.
stating his address not post office box. b. Condition Precedent
-Absence of notice of change of address, service upon the person must be Matters that must be first complied b4 a COA will arise, a general
made in his last address record of the counsel. averment of the performance and occurrence of all such condition
-TN. UNSIGNED PLEADING HAS NO EFFECT. EXCEPTION: court’s discretion that precedent shall suffice. But there must still be an allegation that
it can be remedied and not intended for delay. the specific condition precedent has been complied with,
otherwise, it will be dismissed for lack of COA.
3. Verification and Certification Against Forum Shopping c. Fraud, Mistake, Malice, Intent, knowledge and other conditions
-GR not required that pleading be under oath(verified) unless required by law of the mind, judgments, official documents or acts
or rules. In pleading fraud, or mistake, the circumstances constituting such
If required and failure to be under oath has the effect as if there was NO F and M must be stated with particularity.
PLEADING FILED. EXCEPTION: court’s discretion that it can be remedied and not M-I-K-O(Malice, Intent, Knowledge and other condition of the
intended for delay. Just a mere formal and not jurisdictional requirement. mind of the person the same may be averred with particularity.
TN. Pleading is verified by an affidavit declaring that the affiant has read the d. How judgment pleaded- decision or judgment of local and foreign
pleading and that the allegation thereon are true and correct of his personal court judicial or quasi-judiical, it is sufficient that it must be
knowledge or based on authentic. averred without showing courts jurisdiction.
e. Official document pleaded-sufficient that document was issued or
Certification against non- forum shopping is a mandatory requirement in filing a act done in compliance with the law.
complaint and is executed by the plaintiff or principal party and not by his f. Pleading an Actionable document-define as written instrument or
counsel. Certify the ff: document upon wc an action or defense is based. The pleader
1. Party has not commenced or filed any claim involving the same must either be set forth the substance of the docu in the pleading
issues in any court, tribunal or quasi-judicial agency and that to his and attach the original or copy thereof as an exhibit,
Specific denials :
best knowledge no such other action is pending;
2. And if there is, a complete statement of the present status; 1. Absolute denials-when the defendant specifies each
3. If he should learn of the same, Report that fact within 5 days to material allegations of facts the truth of wc he does not
the court where the complaint or pleading is filed. admit and whenever practicable set forth matter he relies.
2. Partial denial-defendant does not make total denial of the
Forum Shopping material allegation. Specifying the truth he admit and ones
-filing of multiple suits in different courts, either simultaneous or successive, denies.
involving the same parties to ask the court to rule on the same. 3. Denial by disavowal of knowledge-defendant alleges having
no knowledge and information to the truth of the material
Test to determine F.S: averment made in the complaint.
2 or more cases pending has identity of T.N. Not considered specific denial if denial by such was plainly and
1. parties, necessarily within the defendant’s knowledge that his averment of
2. rights or cause of action, ignorance must be palpable untrue.
3. relief sought,
4. elements of litis pendentia present or General Denials-denial not falls within the scope of above mentioned SD.
Which shall be considered admission of the General Denial wc is considered as
5. res judicata will happen.
an admission of the averment not specifically denied.
T.N. Non-compliance of such is not curable by amendment but shall be caused
for the dismissal of the case without prejudice. The court cannot rule muto Effect of Failure to make Specific Denials
proprio but upon motion and after hearing. -deemed admitted by the party against whom such allegation is directed
against. Except the ff:
Submission of fake shall constitute indirect contempt without prejudice to crim 1. Amount of unliquidated damages;
and admin action. 2. Conclusion in a pleding wc do not have to be denied coz only ultimate facts
lng denied;
3.Non-material averments coz only material facts shall be averred.

When a specific denial requires an oath of the ff:
1. Genuiness and due execution of the actionable docu
2. Allegation of usury in a complaint to recover usurious interest.
Effect of Failure to Plead
Failure to Plead Defenses and Objection:
-in an answer or a motion to dismiss shall be deemed a waiver of such defensed
or objection. But no waiver of the objection or defense if it is based on the ff
ground: (R-L-P-L)
1. Res Judicata;
2. Litis pendentia;
3. Prescription of the action;
4. Lack of jurisdiction of the subject matter
Note: Above may be raised at any stage of the proceedings.
Failure to plead a compulsory counterclaim and cross claim
-shall be barred.
Default
-Defending party fails to file his answer within the reglementary period.
Not arise from failure of defendant to appear in the pre-trial or trial stage.
Elements for valid Declaration of default:
1. Jurisdiction of the court validly acquired over defendant either
by service of summon of voluntary appearance;
2. D fails to file answer within the time allowed
3. Must have motion to declare defendant default filed by the
claiming party;;
4. Service of Notice given to the defendant;
5. Proof of failure to answer;
6. Hearing
Effect of an order of default
1. Lose his standing in the court, but may participate as a
witness;
2. Still entitled to subsequent notice;
3. Default does not means admission of truth ha!
Note: the court may either proceed to render judgment or require the
plaintiff to present evidence ex parte, reception maybe delegated to the
court.
Default judgment in Rule 9, Sec 3, the judgment is rendered against the
defaulted party shall not exceed the amount or be different in kind from
that prayed for nor award unliquidated damages; while Rule 18 no such
limitation.
Relief from an order of default:
When after the notice of default but b4 judgment. May FILE A MOTION TO
LIFT THE ORDER OF DEFAULT AND SHOW THAT IT WAS COZ OF F-A-M-E
*AND THAT HE HAS MERITOROUS DEFENSE APPEARING IN THE
AFFIDAVIT. Has the effect of setting aside the order of default upon the
discretion of the judge as interest of justice requires.
TN in a case though not accompanied by * such the SC held that when a
motion to lift order of default contains the reason for the failure to file
answer as well as facts constituting such and sworn by the defendant,
neither formal verification or separate affidavit is required.
-An order denying Motion to Lift Order of Default is an interlocutory order
and may be assailed by the plaintiff by resorting to special civil action
under Rule 65. Not via appeal since interlocutory order.
Effect of partial default
-If not final judgment Certiorari under Rule 65 ha!
-several defendants declared default, the court shall try the case against
them based on the answer filed and render judgment on the evidence
presented where the claim states a common COA among them.
In a case the SC held that court shall have tried the case against both
defendant based on the company answer. The court shall try the case
against to those defendant who answer only and not to those who failed.
Extent of Relief
-to the claimant: Defendant declared in default and subsequently
rendered judgment against him, such Judgement shall not exceed the
amount from that prayed for nor award unliquidated damages.
Default not allowed: (L-A-N-S4)
1. Legal Separation
2. Annulment of M
3. Nullity of M
4. Summary Procedure
5. Special Civil Action for CPM where comment is filed instead of
an answer
6. Small claim
Where a motion to declare D in default is prohibited, is a prohibited
pleading-NO DECLARATIO OF DEFAULT MAY BE ALLOWED.
As such above, the court shall not declare in default the D but order the
prosecuting atty to determine if collusion exist bet the parties.
The filing of Motion to Dismiss or Motion of Bill of Particulars interrupt the
running of filing Answer. It will commence after the notice of denial of
such motion.
Filing and Service of Pleadings
Payment of Docket Fees Rules:
-Without payment of Docket Fees when action is filed, GR As if no
complaint was not filed. Not absolute when theres reasonable time is
allowed but not beyond prescription. But still the GR shall be follow.
Filing v Service of Pleading
Filing is like-presenting paper to the clerk of court; Service- is like
providing copy of the pleading or paper to the party.
Periods of Filing Pleadings
Reglementary Period in filing pleadings:
1. Answer to the complaint- 15 days after service of summons,
unless fixed by court.
2. Answer to the defendant foreign private juridical entity:
a. If it has Resident Agent-within 15 days after service of
summons to such agent.
b. If none above, but has agent or officer in the Phil-within
15 days after service of summons to such.
c. None above-the service of summon shall be made on
the proper gov’t office wc will forward it by registered
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mail within 10 days to the Corporation Office-The
Answer must be filed within 30days from receipt of
summons by the entity.
3. Where service is made by publication-within the time
specified in the order granting leave to serve summons by the
publication wc shall not exceed 60 days after notice.
4. Defendant non-resident whom extra-territorial service is
made-within 60days from service.
5. Answer to the amendment complaint-
a. when a matter of right-within 15 days from the service
of the amended complaint.
b. Not as a right- within 10 days from the service of the
amended complaint.
6. The same period applies to an amended counterclaim, cross-
claim and 3rd party complaint.
7. Answer to counterclaim or cross-claim-within 10 days from
service.
8. Answer to 3rd party complaint- period to answer shall be the
same as the period given in the answering a complaint wc
shall be either 15, 30, or 60 days as the case may be.
9. Reply-within 10 days from the service of the pleading
responded to.
10. Answer to supplemental complaint-within 10 days from notice
of the order admitting the complaint, unless fixed by law.
11. Answer to complaint under the Rules on Summary Procedure-
within 10 days from service of summons.
TN. The court may extend but not shorten (quo-warranto proceeding).
The ff shall be subject the answer to modification, Motion to Dismiss,
Motion for Bill od Particular, Motion for Extension and when last day falls
on Sat, Sun or Holiday.
Manner of Filing
Pleading:
1. Presenting original copy of the pleading, notice, appearance,
motion, order of judgment-personally to the clerk of court
who shall endorse on the pleading the date and hour of filing;
2. By Registered Mail-through Registry Service- the date of the
mailing or payment or deposit as shown by the post office
stamp on the enveloped or the registry receipt, shall be the
considered as the date of the filing, payment or deposit in
court.
Modes of Service
1. Personal Service of pleadings done by:
a. Delivering a copy of the papers served personally to the
party or his counsel;
b. Leaving papers in the counsel’s office with his clerk or
person-in charge;
c. If no person found in office, or office not known, or no
office, then by leaving a copy bet 8A.M. and 6 P.M. at
the partys or counsel residence, if known with person of
sufficient age and discretion then residing therein.
Note: GR Personal Service preferred than other Service as an Exception.
2. Service by Mail
Either by registered mail or ordinary mail.
a. Registered Mail-preferred mode of mailing made by:

1. Depositing copy in the post office;
2. Sealed enveloped
3. Plainly addressed to the party or his counsel at his
office, if known;
4. Otherwise; his residence if known;
5. With postage fully prepaid;
6. And with instruction to the postmaster to return
the mail to the sender after 10 days if undelivered
b. Otherwise ordinary mail if not available.
3. Substituted Service- availed only when there is failure to
effect service either personally or mail and the residence of
the party is unknown. Effected by the delivery of the copy to
the Clerk of Court, with proof of failure of both personal
service and mail.
4. Publication or Constructive Service
Service of Judgment, Final Order, or Resolution
-shall be served personally or by registered mail. When a party
summoned by publication has failed to appear. Judgment, final order or
resolution against him shall be served upon him also by way of
publication at the expense of the prevailing party.
Personal service is the priority modes of service and filing. Except with
papers emanating from court where other modes resort must be
accompanied by written explanation why the service was not done
personally. Otherwise, not considered filed.
When is Service deemed Complete
1. Personal Service (P.S.)-is deemed complete actual delivery.
2. Registered Mail (R.M.)-upon actual receipt by the addressee
or after 5 days from the date he received the first notice of
the postmaster, whichever earlier.
3. Ordinary Mail (0M)-upon the expiration of 10 days after
mailing unless the court otherwise provide.
4. Substituted Service(SS)- complete at the time of the delivery
of the copy of the clerk of court.
Proof of Filing Service
How is Filing Proved-the existence of record. If its not:
1. If P.S.-proved by written or stamped acknowledgment of its
filing by the clerk of court on a copy of the same;
2. RM-proved by registry receipt and the affidavit of the person
who did the mailing of the same with the full statement of:
a. Date and place of the depositing the mail in the post
office in a sealed envelope addressed to the court;
b. With postage fully prepaid; and
c. With instruction to the post master to return the mail
to the sender after 10 days if undelivered.
How is Service proved?
1. Proof of Service P.S-shall consist of:
a. Written admission of the party served;
b. Official return of the server;
c. Affidavit of the party serving containing full information
of the date, place and manner of service.
2. Proof of Service by R.M.-shall be shown by the affidavit of the
mailer showing compliance with Sec.7 of Rule 13 and the
registry receipt issued by the mailing office. The registry
return card shall be filed immediately upon receipt by the
sender or lieu thereof of the unclaimed letter together with
the certified sworn copy of the notice given by the postmaster
to the addressee.
3. Proof of Service by O. M-affidavit of the mailer showing
compliance with Sec 7 o Rule 13.
Amendment
1. Amendment as a matter of right
*Answer- unconditional right to amend the pleading once B4 a responsive
pleading is served by the other party;
*Reply-at any time within 10 days after it is served.
The plaintiff can still amend his complaint as a matter of right even if the
defendant has already been declared in default- The order of default is
deemed lifted and the defendant given a new reglementary period of 15
days within wc to file an answer to the amended complaint.
2. Amendment with leave of Court
-After a responsive pleading has already been served, it is necessary for
the party seeking such amendment to obtain leave of court. A motion
must be filed in court with notice to the adverse party who shall be
afforded the opportunity to be heard.
The court can refuse to allow an amendment when:
1. Intended for delay;
2. Purpose of making the complaint confer jurisdiction upon the
court;
3. Curing a premature or non-existing cause of action.
4. Changing the cause of action, defense or theory of the case
Formal Amendment
- Cures a defect in the designation of the parties and other
clearly clerical or typographical errors. Said defect and errors
may be summarily corrected by the court at any stage of the
action, at its iniative or on motion, provided no prejudice is
caused to adverse party.
*1Amendment to conform or authorized presentation of evidence
- Issues not raised in the pleading are tried with express or
implied consent of the parties, treated as if raised in the
pleadings. The pleading*1 upon motion by the party at any
time, even after judgment and the failure to amend shall not
affect the result of the trial on these issues.
Different from Supplemental Pleadings
-ones wc set forth transactions, occurrences or events have happened
since(from) the date of the pleading sought to be supplemented. It
requires leave of court through the filing of a corresponding motion, upon
reasonable notice.
Amended Pleading vs. Supplemental Pleading
1. A.P -refers to facts existing at the time of the commencement
of the action. Takes place of the original pleading; S.P. refers
to facts arising after the filing of the original pleading.
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2. A.P. –made as a matter of right as when no responsive
pleading has yet been filed; SP- taken together with the
original pleading and always with Leave of Court;
3. A.P.- when filed a new copy of the entire pleading must be
filed, incorporating the amendments; S.P.- does not require
the filing of a new copy of the entire pleading.
Effect of Amendmended Pleading
- Supersede the pleading amended
- Admission in the previous pleading can still be received in
evidence against the pleader but as an extrajudicial pleading
wc must be offered formally as evidence;
- Deemed waive the previous ones claim and defences if not
incorporated in the amended pleading.
F. SUMMONS
- is a writ by wc the defendant is notified of the action brought against
him.
-means to acquire jurisdiction over D;
-Mandatory ang issuance of summons on the clerk of court upon the filing
of the complaint and the payment of the requisites docket fees
Nature and Purpose of Summons in Relation to Action In Personam, In
Rem, and Qusi In Rem
1. In Personam-to notify the defendant of the action against him
and to acquire jurisdiction over his person.
2. In Rem and Quasi-In-Rem-jurisdiction over the person is not
mandatory and the court acquires jurisdiction over an action
so long as it acquires jurisdiction over the res.
TN. Purpose of Summons- not to acquire jurisdiction but to satisfy due
process.
- Special Appearance- D appears B4 the court for the purpose of
objecting to the jurisdiction of the court over the person of
the defendant even if other grounds are included in the
motion to dismiss. Equivalent to Service of Summons.
- The inclusion in a motion to dismiss of other grounds aside
from the lack of jurisdiction over the person of the defendant
shall not be deemed a voluntary appearance.
Service in Person
To the Defendant:
1. By handling a copy of the summons to him;
2. Tendering it to him if he refuses to receive it.
Note: In such Personal Service is the prefer mode of service, otherwise
substituted service may be resorted.
Substituted Service
-carried out by leaving a copy of the summons at the defendants
residence with a person of suitable age and discretion residing therein;
-or leaving copies at the defendant office or regular place of business
with some competent person in charge.
Constructive Service (by publication)
-Service upon a Defendant where his identity is unknown or his
whereabouts are unknown

-In any action (in rem, quasi in rem and in personam) as such above and
cannot be ascertain by diligent inquiry, service may, by leave of court be
effected upon him by publication in a newspaper of general circulation
and in such places and for such time as the court may order. In this case,
the whereabouts of the defendant is unknown but he is in the Philippines.
Extra-territorial Service, when allowed
Rule 14, Section 15 and 16:
1. Section 15, Non-resident not found in Philippines as D in
action in Rem and Quasi-In Rem may with Leave of Court be
subject of extrajudicial service of summons in ff ways:
a. PS done outside the Phil;
b. Publication in the Newspaper of General Circulation as
set by the court a copy of the summons and order by
the court shall be sent by R.M to the last known
addressed of the D;
c. Other means as court may provide
Note: FF examples of such justify extraterritorial service:
a. Actions that affect the personal status of the plaintiff ;
b. Property within the Philippines in wc D claims a lien or
interest, actual or contingent;
c. Relief demanded consist of wholly or part in excluding the D
from an interest in Prop located in the Phil.
d. D prop attached in the Philippines
2. Section 16, a resident who is temporary outside of the Phil
named as D in any action (in rem, quasi-in rem and personam)
may with leave of court be the subject of the extra territorial
service in the above.
Service on Foreign private Juridical Entity
D is above, wc has transacted business in the Phil, service may be made in
the resident agents designated in accord with the law, or if none on the
gov’t official designated by the law to that effect, or any of its officer or
agents within the Philippines.
-If not registered in the Phil or has no resident agent, service may with
leave of court, be effected out of the Phil through:
1. P.S. through the appropriate court n the foreign country with the
assistance of DFA;
2. BY publication once in a newspaper of gen cir in the country where the
D may be found and by serving the copy of summons and the court order
by registered mail in the last known address of the D;
3. Facsimile or any recognized electronic means that could generate proof
of service;
4. other means as the court may in its direction
Service upon Prisoners and Minors
-Officer managing the jail or institution where the prisoner confined.
Deputized as the special sheriff and not necessary to go there.
D is a minor, incapacitated, incompetent
-Personally;
-Or his legal guardian;
-If none. Guardian ad litem applied by the Plaintiff;
-To a minor, to his or his parent.
Proof of Service
1. Above Shall be made in writing by the server and shall state
the manner, place and date of service, specifying the
accompanying papers and the name of the person who
receive it.
2. Service by Publication- proved by the affidavit of the printer,
his foreman, principal clerk, editor, business or advertising
manager to wc copy of the publication shall be attached and
by an affidavit showing the deposit of a copy of the summons
and order for publication in the post office, postage prepaid,
directed, to the defendant by registered mail to his last known
address.
G. MOTIONS
Motions in General
Definition of a motion
-an application for relief other than the pleading.
Motion vs Pleading
1. P purpose is to submit a claim or defense for appropriate
judgment;the purpose of M is to apply for an order not
included in the judgment.
2. P may be iniatory; M I s not made always in a case already file
in the court;
3. P is always filed b4 judgment; M may be filed after judgment.
4. Only 9 kinds of pleading allowed by the Rule, otherwise it is a
motion
5. P-may be written; M may be oral when made in open court or
in the course of trial or hearing.
Contents and Forms of Motions
-Must be in writing except made in open court or in the course of trial or
hearing.
Contents of a Motion
-State the relief sought to be obtained;
-State the grounds upon wc the motion is based;
-Be accompanied by the supporting affidavit and other papers when
mandated by the rules of the court or necessary to prove the facts in the
motion.
Notice of Hearing and Hearing of Motions
-Every written M shall be set for hearing, except the court may act upon.
Rules regarding notice of hearing
- Motions wc contains the notice of the hearing shall be serve
as to ensure its receipt by the other party at least 3 days b4
the date of the hearing, unless shorten by the court for good
cause.
- Notice of hearing shall be addressed to all the parties
concerned and shall specify the time and date of hearing wc
shall not be later than 10 days after the filing of the motion.
Proof of service is necessary as no written motion set for
hearing shall be acted by the court without proof of service.
When motion is heard by the court?
-All M shall be heard on Friday Afternoons, if Non-working day, in the
afternoon on the next working day.
10
Omnibus Motion Rule
-Every motion that attacks the pleading, judgment or oder or proceeding
-shall include all grounds then available, and all objections not so included
shall be deemed waived. Except:
1. The Court has no jurisdiction over the subject matter;
2.That there is another action pending between the same parties for the
same COA (litis pendentia);
3. Barred by prior judgment (Res Judicata)
4. That the action is barred by the Statute of Limitation(Prescription).
In a case: the D in an action for sum of money filed a motion to dismiss
the case on the ground of improper venue(motion that attack the
pleading on ground of improper venue).After hearing the court denied the
M. In his Answer, D claim prescription. May the court , after hearing,
dismiss the action on groung of prescription?
-Yes. Prescription is not waived here as an exception to the Omnibus
Motion Rule.
Successive Motion to Dismiss may be filed under the Four non-waivable
grounds i.e,. Res Judicata, lack of Jurisdiction, lack of Jurisdiction on the
Subject Matter, litis pendentia and prescription.
Litigated Motions
-Requires notice to d adverse party to afford the latter opportunity to
resist the application.
Ex Parte Motion
-Does not require that the parties be heard and wc the court may act
upon without prejudice to the rights of the other party. Requires no
notice to any adverse party.
Pro forma Motion
-m that does not satisfy the requirements of the Rules and wc shall be
treated as a motion to intend delay.
Motion for Bill of Particulars
-Purpose is to seek an order from the court directing the pleader to
submit a bill of particular wc avers matters with sufficient definiteness and
particularity to enable the movant to prepare responsive pleading.Such
shall point out the defects complained of, the par contained and the
details desired.
When M shall be applied for
-B4 a responsive pleading is filed:
a. Answer-Above timeline;
b.Reply- Within 10 days from service.
The court may either deny or grant the motion outright to hold a hearing
of the motion.
Compliance with the Order and Effect of non-compliance:
How?
1. If the Motion is granted either in whole or part, the pleader
shall submit the Bill of Particular within 10 days from the
notice of the order, unless fixed by the court.
2. Bill Filed under a separate or amended pleading with a copy of
served to the parties.
 11

Non-compliance of the court order, Effect: When Grounds Pleaded as Affirmative Defense the filing of a motion to dismiss and not a mere notice thereof. It will be
1. Strike the pleading or parts of wc the order is directed or -The defendant, instead of filing a motion to dismiss, incorporate the the subject to the approval of the court upon such terms and conditions
make such other order as may be just; ground for dismissal in his answer as an affirmative defense, the court as are just.
2. If the plainitiff fails to obey, his complaint may be dismissed may in its discretion set a preliminary hearing as if a motion to dismiss Note: Unless otherwise specified in the court, the dismissal under this
with prejudice unless court ordered. was filed. provision shall be without prejudice; and the class suit shall not be
3. If Defendant fails to obey, his answer striken off and his dismissed nor compromised without the approval of the court.
counterclaim dismissed and will be declared default upon Bar by Dismissal (R-U-P2)
motion of the parties. -No longer available for re-file: Effect of Dismissal on the Defendant counterclaim-when it is pleaded by
1. Res judicata; the defendant b4 to the service of Plaintiff motion for dismissal:
Effect on the Motion to File Responded Pleading 2. Prescription; -the dismissal limited to complaint thereby the D has the right to
-The Filing of BOP shall stay the period to file responsive pleadning. 3. Payment waiver abandonment or extinguishment of the claim; or prosecute his CC in a separate action unless 15 days he manifest the same
Note: After the service of the BOP or after notice of the denial of the 4. Unenforceability of the claim under the Statute of Frauds. to be resolve in same action.
motion, the movant may file his responsive pleading within the period to
wc he was entitled to at the time the motion was filed. Such not less than Distinguished from the Demurrer to Evidence under Rule 33 Dismissal Due to the Fault of the Plaintiff
5days. -The court motu proprio dismiss the case of the P if:
Motion to Dismiss under Rule 16 vs. Motion to Dismiss under Rule 33 1. P fails to appear for no justifiable cause on d day of the presentation of
Motion to Dismiss(Rule 16) (Demurrer to Evidence) his evidence on chief of complaint;
-Grounds: Grounds: 2. P fails to prosecute his action for unreasonable length of time
1. Lack of Jurisdiction over the D; -Preliminary Evidence -Based on Insufficiency of Evidence 3. P fails to comply with the Rules or any order of the court.
2. “ “ “ the subject matter of the claim Who may file: -only by the defendant against the -Effect of an adjudication upon the merits and thus, with prejudice to the
3. Improper Venue -by the defending party against complaint of the defendant. re-filing of the action, unless court provides. But without prejudice to the
4. Plaintiff no legal capacity to sue; whom a claim is asserted in the right of D to prosecute his counterclaim .
5. Litis pendentia; action.
6. Res Judicata; Period to file: -Filed only after the plaintiff has Available Remedy of the Plaintiff above- Appeal since its adjudication
7. Prescription; -File within the time for about but completed the presentation of his upon the merits.
8. Failure to State COA; prior to the filing of the answer of evidence.
9. Claim has been paid, waived abandoned or extinguished; the defending party to the Same rules applies to Counterclaim Cross-claim and 3rd party complaint-
10. Unenforceable claim due to Statue of Fraud; pleading asserting the claim Notice of dismissal here shall be made b4 responsive pleading or motion
11. Non compliance with the condition precedent for filing the claim against him. for summary judgment is serve if there’s none, b4 introduction of the
Effect of denied: -If denied D may present evidence. evidence at trial or hearing.
Resolution of Motion -If denied D must file an answer or -If granted plaintiff appeals and the
-After the hearing the court shall:
1. Dismiss the action based or claim;
else he may be declared in default. order of the dismissal is reversed, I.PRE-TRIAL
-If granted plaintiff may appeal or the defendant loses his right to
2. Deny the Motion if subsequent case is not barred he present evidence.
3. Order the Amendment of the Pleading (siguro BOP eh) Concept of Pre-trial
may re-file the case
Note: Resolution of motion not delay by reason of indubitable or doubt. It
shall state clearly and distinctly the reason for court action.
-define as mandatory conference and personal confrontation b4
H. DISMISSAL OF ACTIONS the judge bet the parties and their respective counsel. Conducted after
the last pleading has been served and filed, with the plaintiff having the
Remedies of the Plaintiff when Complaint is dismissed: Dismissal upon the notice by the plaintiff; two-dismissal rule duty to move ex parte that the case be set for pre-trial.
1. Re-file the complaint- wer d dismissal is final but without The plaintiff at any time, b4 the service of an answer or a motion for
prejudice (ex improper venue); summary judgment may file a notice of the dismissal of his complaint. Nature and Purpose (P-A-S-S J-A-S-O)
2. Appeal-Dismissal is final and it bars the refilling of the case, he Upon its filing the court shall issue an order confirming such dismissal. 1. Possibility of Amicable Settlement/other modes of dispute
may appeal the Dismissal(Res judicata);
resolution;
3. Petition for Certiorari- Dismissal is without prejudice and the The dismissal shall be without prejudice to the re-filing of the complaint 2. Simplification of the Issues;
court gravely abused its discretion. except when: 3. Necessity of amendment of pleading;
1. The notice of the dismissal provides that the dismissal is with 4. Obtaining stipulation, or admissions of facts and documents
Remedies of the Defendant when Motion is denied prejudice; to avoid unnecessary proof;
1. Appeal- as rule, f d motion to dismiss is denied, such order is 2. The plaintiff has previously dismissed the same case in a court 5. Limit number of witness;
interlocutory and thus not appealable. If the defendant must file his of competent jurisdiction. 6. Advisability of preliminary reference of the issues to a
answer and if adverse judgment is rendered he may file an appeal of such
commissioner;
judgment. Two-Dismissal Rule-applies when the plaintiff has twice dismissed the 7. Propriety of rendering judgment on the pleading or summary
2. Petition for Certiorari-Motion is tainted with grave abuse of discretion action based on or including the same including the same claim in a court judgment or of dismissing the action should a valid ground
amounting to lack or excess of jurisdiction under Rule 65. of competent jurisdiction. The second notice of dismissal will bar further found to exist;
re-filing the action because it will operate as an adjudication of the claim 8. Necessity of suspending the proceeding;
Effect of Dismissal of the complaint on certain grounds based upon the merits. 9. Other matter for promt disposition
As GR the dismissal of a complaint shall not prejudice the re-filing of the
case except those covered by the bar-by-dismissal-rule. Dismissal upon the motion by plaintiff; effect on existing counterclaim Pre-trial Mandatory on Civil and Criminal Cases as well Civil and Criminal
-Once an answer or a motion for summary judgment has been served on Cases under the Rules on Summary Procedure
the plaintiff, the dismissal is no longer a matter of right and will require
 12

Notice of Pre-trial -presence of the d is required -Not indispensable unless required a. Has legal interest in the litigation;
-serve on the counsel of the party if represented by such, otherwise to the unless duly represented. by the court. The accuse merely b. “ “ in the success of either party;
party itself. required to sign the written c. Adversely affected by the distribution or disposition of
-Duty of the counsel to notify the client of the date, time and place of the agreement at the PT. the property in the custody of the court or an officer
trial. -PT Brief required. -Rules do not require the filing of 3. Not unduly delay or prejudice the adjudication of the rights of
PT Brief but only require the the original party;
Appearance of Parties; Effect of Failure to Appear attendance. 4. Rights not fully protected in a separate proceeding;
-Both Parties and their counsel have the duty to appear at the pre-trial. 5. Pleading-in-intervention shall be attached to the motion and
-Non-appearance for excusable and valid cause only or representative Alternative Dispute Resolution (ADR) serve to the original parties.
-As shown by authority in writing to enter into amicable settlement, to -Process or procedure used to resolve a dispute or controversy, other
submit to the alternative modes of dispute resolution and to enter into than the presiding judge of the court or govt agency, in wc a neutral 3rd Time to Intervene:
stipulation or admission of facts.(only) party participates in the resolution of issues, wc includes arbitration, Any time b4 the rendition of judgment
mediation, conciliation, etc. Exception:
Plaintiff failure to appear during Pre-trial-caused for the dismissal with 1. On appeal, provide the intervenor is indispensable party;
prejudice of the action, unless the court provides contrary. Not applicable above: 2. Intervenor Republic;
Remedy of the Plaintiff is Appeal the order of the dismissal. 1. Labor Dispute; 3. Necessary to protect some interest wc cannot be protected or
2. Civil Status of Person; to preserve the intervenor right to appeal.
Defendant failure to appear during Pre-trial-allow the plaintiff to present 3. Validity of M;
his ex parte and for the court to render the judgment on the bases 4. Ground of Legal Separ; Remedy for the Denial of Motion to Intervene
thereon. 5. Jurisdiction of the Court; -Appeal. Not mandamus except in case of grave abuse of discretion.
-not defaulted the D. 6. Future Legitime
-Interlocutory and not appealable. 7. Criminal Liability K.SUBPOENA
-D may ask for Reconsideration and if denial is with grave abuse of 8. Those wc cannot be compromise
discretion certiorari. Subpoena duces tecum-directed to a person requiring him to bring with
Special ROC on ADR (A. M. 07-11-08-SC) him the books, document or other things under his control.
Pre-Trial Brief; Failure to file -Who makes a referral to ADR-A party to the pending action filed in
-Shall file a pre-trial brief with the court and serve on the adverse party at violation of the arbitration agreement. Subpoena Ad Testificandum-Process directed to a person requiring him to
least 3 days b4 the date of the pre-trial. bring with him to attend and to testify:
-Failure as the same as failure to appear during pre-trial. -When request for referal be made-Where the arbitration agreement 1. At the hearing or the trial of an action;
exist b4 the action is filed, 2. At any investigation conducted by competent authority;
Pre-Trial Brief Contain: -request for referral be made not later than the pre-trial conference. 3. For the taking of his deposition
1. Statement of the willingness to enter into amicable settlement - After the Pre-trial conference, the court will only upon the request for
or alternative modes of dispute resolution and the term the referral if it is made with agreement of all the parties to the case. Service of Subpoena
thereon; -same as Personal service or substituted service of summons.
2. Summary of Admitted Facts and proposed stipulation of facts; -If none exist at the time the case is filed but the parties subsequently 1. The orginal shall be exhibited and a copy deliverd to the person or
3. Issues to be tried or resolved; entered into a subsequent agreement, they may request the court at any whom it may it is served;
4. Documents or exhibits; time of the proceeding. 2. Tendering to him the the fees for ones day and the kilometrage allowed
5. Manifestation of their intention to avail themselves of by the Rule;Except if issued by or on behalf of the Republic of the Phil.
discovery procedures or referral to the commissioners; Judicial relief b4 commencement of arbitration may be availed to
6. Number and names of the witnesses and the substance of determine any question concerning the existence, validity and Compelling Attendance of Witness; Contempt
their respective testimonies. enforceability of the arbitration agreement. -Upon failure and service of the subpoena, the witness failed-the court
may issue warrant of arrest to the witness and bring him b4 the court or
Distinction between Pre-trial in Civil and Criminal Cases After Arbitration commences, any party may also petition the court for officer whre his attendane is required. The cost paid by the Witness if the
Civil Criminal judicial relief from the ruling of the arbitral tribunal on a preliminary failure to answer was wilful.
-P moves ex parte to set the case -ordered by the court only. question upholding or declining jurisdiction. Shall apply only in the Phil.
for pre-trial. Witness not bound by subpoena
-Made after the pleading has been -After arraignment and within 30 J.INTERVENTION 1. Witness reside more than 100 Klm from his residence to the
filed. days from the date the court place where he is to testify by the ordinary cause of travel.
acquires jurisdiction over the Remedy of the 3rd party, not originally impleaded in a proceeding 2. Detention prisoner where no permission of the court.
person of the accused. becomes a litigant to enable him to protect or preserve a right or interest
-Consider -Not consider the amicable in wc may be affected by such proceeding. In a case how can the testimony of a witness done if the above #1
settlement. problem-Take the testimony and present the documents as exhibit
-Proceedings to be recorded in the -All agreements or admission made -purpose of intervention is to settle in one action and by single judgment through the use of the deposition(Rule 23) or written interrogatories (Rule
minutes to be signed by either or entered during the PT the whole or controversy. 25) or by fiing of the Motion for the production or inspection of the
party or his counsel. conference shall be reduced in documents.
writing and signed by both the Requisites:
accused and the counsel; 1. Motion for Intervention filed b4 rendition of the judgment by Quashing a Subpoena
otherwise they cannot be used the trial court;
against the accused. 2. Movant is:

1. In SAD-they may be quashed by showing that the witness is
not bound or witness kilometrage and fees not tendered
when the subpoena was served;
2. In SDT- may be quashed by motion showing that it is
unreasonable or oppressive, relevancy of the books,
documents or thing does not appear or person in whose
behalf the subpoena s issued failed to advance the
reasonable cost of the production and witness kilometrage
and fees not tendered when the subpoena was served.
L. MODES OF DISCOVERY
-Disclosure of the facts resting in the knowledge of the Defendant or as
the production of the deeds, writing or things his possession or power
inoder to maintain the right or title of the party asking in a suit or
proceeding.
The purpose of Discovery- serve as a device along with pre-trial to narrow
and clarify the basic issues bet ween the parties for ascertaining the facts
relative to the issues b4 the trial and preven that trial carried in the dark.
Depositions pending action;depositions b4 action or pending appeal
Define-written testimony of the witness given in the course of the
judicial proceeding, in advance of trial or hearing or upon oral
examination or in response to written interrogatories and where
opportunity is given for cross-examination.
When availed-during
1. pending action :
a. by leave of court, after jurisdiction has been obtained
over the D or over the property wc is the subject of the
action;
b. Without leave of court after an answer has been serve
c. Or by leave of court when the deposition of the person
confined in prison is to be taken.
2. b4 action or pending appeal-referred to perpetual testimony
because their objective is to perpetuaute the testimony of the
witness to be used in the future.
Use; Scope:
1. At the trial;
2. Hearing or motion;
3. Hearing of an interlocutory proceeding
Outline how a deposition may be used:
-Deposition may be used against any party who was present or
represented at the taking of the deposition or who had notice thereof in
the ff:
1. Purpose of contradicting or impeaching the testimony of the deponent
as witness;
2. deposition of the party who at any time was officer, director, public or
private corp may be use by the adverse party;
3. Deposition of the witness whether party or not may be used by any part
for the ff purpose:
a. Witness is dead
b. witness reside more than100km from the place of trial , out of the Phil
unless such absence was procured bythe party offering the deposition;
13
c. Witness unable to testfy; Implied admission by the adverse party
d. Party offering the deposition has not procure the attendance of the When the adverse party is silent on the plaintiff request for admission.
witness by subpoena
e. Upon application and notice, and due to exceptional circumstances for Consequences of failure to answer the request for admission
the interest of justice and importance of the testimony of the witness Deemed admitted unless the party to whom the request is directed files
orally open on court to allow the deposition to be used; and serve upon the party requesting the admission a sworn statement
4, If only part of the deposition is offered in evidence by a party, the either denying specifically the matters of wc an admission is requested or
adverse party may require him to introduce wc is relevant to the part setting forth why he cannot truthfully admit or deny those matters.
may introduce and any parts may be introduce.
Effect of admission
What may be covered by the deposition Purpose of pending action only and cannot be used for other purpose nor
1. Relevant to the subject of the pending action used in admitting party in any othr proceeding.
2. Not privilege
3. Not restricted by the court Effect of failure to file and serve request for admission
-on the adverse party of the material and relevant facts at issue wc are
When may objections to admissibility be made ought to be within the personal knowledge of the latter shall not be
- At the trial or hearing to receiving in evidence any deposition permitted to present evidence on such facts.
or part for exlusion of the evidence of the witness were then
present and testifying. Production or inspection of documents or the things
Pursuant to Rule 27 of the ROC
When may taking of deposition be terminated or its scope limited -Requirements:
-At any time during the taking of the deposition any party or the deponent 1.Motion filed showing good cause;
may move for the terminatin or limiting of the scope of the deposition 2. Notice given to all the parties;
showing: 3. Motion sufficiently describe the document. Thing sought to be
1.Examination conducted in BF; inspected or produced;
2. Conducted in order to annoy or embarrass or oppress the deponent or 4. it must be material to the pending action;
party. 5. the docu thing not privilege;
6. docu or thing must be in the possession, control and custody of the
Written interrogatories to adverse party party
- Type of discovery availed by the [arty of eliciting material facts 7. Rule applies only to pending action.
and relevant from the adverse party
Physical and mental examination of the person:
How written interrogatories serve upon the adverse party? Requisites to obtain an order:
-1. By leave of court after jurisdiction has been obbtauned over the 1. Mental and physical condition of the party is in controversy of
defendant or porp wc is subject of the action; the action;
2. Without leave of court after an aswer has been served 2. Motion showing good cause file
3. Notice to all the party
Consequences of Refusal to Answer 4. Motion specify the time, place, manner, condition and scope
Party who fails to answer to the written interro may be the subject of of the examiniation of the person whom made
default.
Consequences of refusal to comply with modes of discovery
Effect of failure to serve wrtien interro Refusal to Sanctions
-Not compelled by the adverse party to: comply with
1.give testimony in open court; modes of
2. give deposition pending appeal discovery
1.Refusal to 1. The examining party may complete the examination
Request for Admission answer any on other matters or adjourn the same Rule 29, Sec1
-purpose expediate trial and relieve cost of proving facts wc will not be question upon 2. The court upon application may compel a refusing
diputed in the trial and the truth wc can be ascertain by reasonable oral deponent to answer:
inquiry. examination a. If refusal is without justification the court may
require the refusing party to pay the proponetnt
Facts wc adverse party may required to admit admission: amount of the reasonable expenses including atty fee
1. Genuiness of any material and relevant document described b if the application denied and file without
and exhibited with the request; justification, the proponent may pay or the counsel or
2. The truth of the material and relevant facts set forth in the both of them to pay the refusing party, including atty
request fee.
3.Refusal to answer after being directed by the court is
Written request for admission may be serve upon the other party at any contempt of court.
time after the issues have been joined. 2.Refusal to be Contempt of the court.
 14

sworn Agreed Statement of facts 4. Clerk shall submit a report and transcript of the proceeding
Refusal to 1. Facts to be established by the examining -The parties may agree upon the facts involve in the litigation through together with the admission to be resolve by the court within
answer party shall be taken in accordance with the writing and submit the case for judgment on facts, without introduction of 10 days from the termination of the hearing.
designated claim of the party obtaining order. the evidence. No trial shall be held but only to the facts.
question; 2. Refusal to allow the disobedient party to Trial by Commissioners
Or produce support or oppose designated claim or Order of Trial; Reversal of Order Reference by consent or ordered on motion
document; or defense or prohibiting him from in 1. The plaintiff adduce evidence in support of complaint;
submit to introducing evidence or document; 2. Defendant shall adduce evidence in support of his evidence, Conducted by:
physical and 3. The striking of the pleading or part; counterclaim, cross-claim, and thrd party complaint. 1. Reference by consent-when both of the parties agree in
mental 4. That further proceeding must be stayed 3. 3rd party Defendant, if any, shall adduce evidence on his writing to have the case to be referred to a commissioner.
examination until order obeyed; defense counterclaim, cross-claim, and thrd party complaint; 2. Reference ordered in motion-when the court or the party
5. Dismissal of the action or proceeding or 4. 4th party and so forth, if any shall adduce evidence of the direct the case to the commissioner:
any part, or rendition of the judgment by material facts pleaded by them; a. When the trial of an issue of fact requires the
default against disobedient party; 5. The party against whom any counterclaim, cross-claim has examination of account;
6. Arrest of any party or agent for disobeying been pleaded, shall adduce evidence in support of their b. When the taking of the account is necessary for the
its order except the physical and mental defense, in order prescribe by the court. information of the court b4 judgment in carrying it out;
examination. 6. The parties then respectively adduce rebutting evidence only, c. When the question of the facts aside from the pleading,
Refusal to The party requesting the admission proves the unless the court for good cause the court permits the to arises upon motion, in any stage or for carrying a
Admit or serve genuiness o the document or truth of such fact, the adduce evidence upon their original case; judgment or order into effect.
a sworn denial court may, upon proper application, issue an order 7. Upon admission of evidence, the case shall be deemed
under Rule 26 requiring the other party to pay him reasonable submitted for decision, unless the court directs the parties to Powers of the Commissioner
expenses incurred in making proof, and atty fees. argue or to submit their respective memoranda or any further 1. Regulate the proceeding in every hearing b4 him;
Failure to pay The court, upon motion and notice, may: pleadings. 2. Issue subpoena and subpoena duces tecum
to attend or 1. Strike out all pleading or part of the 3. Swear witness;
serve answer disobedient party; Reverse Trial: 4. Regulate admissibility of evidence
to written 2. Dismiss the action or proceeding or part; Where the defendant, in his answer, relies upon an affirmative
interrogatories. 3. Enter a judgment or default against defense(tyakto pero indi nap d), a reverse order of trial shall takes place. Specific limit:
disobedient party; In this situation, the defendant presents evidence ahead of the plaintiff, 1. Direct him to report only upon him the particular issues
4. In its, discretion order payment of the plaintiif need not to present evidence since judicial admission do not 2. Direct him perform particular acts
reasonable expense incurred by the other require proof. 3. Direct him to receive and rport evidence;
including atty fee. 4. Fix the date for beginning and closing the hearing and for the filing
Consolidation or Severance of Hearing Trial of his report.
Consolidation of action proper when:
M. TRIAL 1. 2 or more cases involved common question of the law or Commissioner’s Report; Notice of the parties and hearing of the report
facts; -Time commissioner file his report
-is an examination b4 a competent court of the facts or laws put in issue 2. Said cases pending in the same court Upon completion of the trial, hearing or proceeding b4 commissioner, he
of the case for the purpose of determining the issues. shall file with the court his report in writing upon matter submitted to him
Modes of consolidating cases: by order of reference. When power not limited, he shall set forth his
Adjournments and Postponements 1. Recasting of the cases already instituted, conducting only one finding of facts and law in his report.
GR the court may adjourn the trial from day to day and to any time as hearing and rendering only one decision; -the party may object to the commissioner report upon filing of the
expeditious may require. Except when authorized by the writing by the 2. Consolidating the existing cases, conducting only one hearing report, parties shall be notified by the clerk and they shall be allowed 10
Court Administrator, the court has no power to adjourn the trial for: and rendering only one decision; and days within wc to signify grounds of objections to the findings of the
1. Longer than 1month for each adjournment; 3. The principal case heard the hearing on other being report. Objections shall not be considered unless made by b4 the
2. More than 3 months in all suspended until judgment has been rendered in the first case. commissioner.

Requisites of Motion to Postpone Trial
*For absence of evidence
1. A motion for postponement stating the ground relied;
2. Supported by the affidavit showing:
a. The materiality and relevancy of the evidence;
b. Due diligence has been used to procure it.
*For illness:
1. same above no. 1;
2. same no. 2 except letter a. showing presence of party as
indispensable in the case; and b. char of the illness.
-M to postpone is not a matter of right coz its with the court discretion.
The court may order a separate trial of any claim, cross-claim,
counterclaim, 3rd party complaint or issues in furtherance of convenience
or to avoid prejudice. In severance there is one case with several claims.
Delegation of reception of evidence
Judge may:
1. In default or ex parte hearing and in any case where the
parties agree in writing;
2. Shall be made only by the clerk of court who is a member of
the bar;
3. Said clerk fo court has no power to rule on objections to any
question or to admission of exhibit; and
The court cannot be considered to re-hear the commissioner report, after
the hearing, the court shall order, adopt, modify or reject the report in
whole or part or recommit the same to the commissioner.
N. DEMURRER TO EVIDENCE
-motion to dismiss on the ground of insufficiency of evidence and is
presented after the plaintiff rest his case.
Ground-
-dismissal of the complaint on the ground of insufficiency of evidence or
no right to relief.
Effect fo denial
-defendant right to present evidence.

Effect of grant
-case dismissed.
Waiver of right to present evidence
-If the defendant motion to dismiss on the ground of demurrer to
evidence granted and, reverse on appeal, the defendant shall be deemed
to waived his right to present evidence. The appellate court shall not
remand the case but should render the judgment on the basis of
evidence of presented by plaintiff.
-Effect of order reversing the grant of demurrer to evidence, the appellate
court shall render judgment based on the evidence presented by the
plaintiff and include unliquidated evidence proven during trial; in an order
of default, the effect of default the court cannot award unliquidated
damages since no trial where the same may be proved.
Demurrer to evidence in civil case v in crim case
1. As to whether for a leave of court-In civil cases-Defe need not
to for leave of court b4 he files a demurrer to evidence while
in crim case, demrrer may be filed with or without leave of
court.
2. Effect of finding insufficiency-In civil case-the court will grant
demurrer by dismissing the complaint, while in crim case the
court will grant the demurrer of evidence by rendering
judgment acquitting the accuse.
3. Effect of grant of demurrer-in civil case, the order of dismissal
of the complaint is appealable while in crim case, the granting
of the demurrer result in the acquittal of the accused. An
acquittal not appealable under the priniciple of double
jeopardy.
4. Effect of denial of the demurrer-in civil case, if the demurrer
denied, the defendant will proceed to present his evidence. In
crim case, the defendant will may adduce his evidence in his
defense if his demurrer was filed with leave of court. If the
deurrer was filed with without leave of court, he is not
allowed to present his evidence coz he is deemed to have
waived his right to present his evidence and he submits the
case for judgment on the basis if evidence of the prosecution.
O.JUDGMENT AD FINAL ORDERS
Judgment-is final consideration and determination of a court of
competent jurisdiction upon the matters submitted to it in an action
or proceeding.
Special Form of Judgment:
1. Judgment upon the merits-when it determines the rights and
liabilities of the parties based on the ultimate facts disclosed
in the pleading or issues presented for trial.
2. Judgment by default-rendered by the court after defendant
has been declared in default for failure to answer within the
reglementary period.
3. Judgment on pleading-if the answer fails to tender an issue, or
otherwise admits the material allegations of the adverse party
pleading.
4. Summary Judgment-granted by the court upon the motion by
either of the party from pleadings, deposistion and affidavits
that there are no genuine issues as to any oertinent facts,
hence no serious controversy.
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5. Several Judgment-judgment against one or more defendant , In a case-the defendant cannot deny the sale of the property for lack of
leaving the other to proceed against the other knowledge or information sufficient to form a belief as to the truth
6. Separate Judgment-judgment rendered disposing of the claim thereof. Such denial amounts to admission. A mere allegation of the
of several other presented in the case. ignorance of the facts alleged in the complaint is insufficient to raise an
7. Judgment of a specific act-judgment : issue, for the defendant must aver positively or state how it is that he is
a. Conveyance, delivery of deeds, or other specific acts ignorant of the facts alleged.
b. Sale of real property or personal property
c. Delivery of the restitution of the property Summary Judgment
d. Removal of improvements of the property -or accelerated judgement where the facts appear undisputed and certain
e. Delivery of personal property from the pleadings, disposition, admission and affidavits on record to
8. Special judgment-judgment that can be complied only by the avoid expense and loss of time of trial.
judgment obligor coz of his personal qualification other than:
a. Payment of money; Requisites:
b. Sale of real and personal property 1. No Genuine issue as to any material fact;
9. Judgment upon confession-when a party expressly agrees to 2. Moving party is entitled to a judgment as a matter of law
other party.
10. Judgment upon compromise Genuine issues-is an issue in fact wc calls for the presentation of evidence,
11. Clarificatory judgment-rendered to clarify the judgment as distinguished from an issue wc is sham or fictitious.
12. Judgment nunc pro tunc-to enter into record wc is not
entered For the Claimant
13. Judgment sin perjuicio-judgment without statement of the -party seeking to recover upon a claim, cc, cross claim to obtain a
facts declaratory relief is sought at any time after the pleading in answer
14. Judgment on demurrer to evidence thereto has been serve, move for summary judgment upon all or any part
15. Conditional Judgment-void because of the absence of any thereof.
disposition
16. Final Judgment-no longer appealable and period of appeal has For the Defendant
elapse. -a party against whom a claim. Counterclaim or cross claim is asserted or
declaratory relief is sought may, at any time, move for summary judgment
Judgment without Trial in his favour as to all or any part thereto.
- Theory of summary judgment is that although an answer may
on its face appear to tender issues-requiring trial yet-if it is In a case: Partial Judgment Yes puede. Basing the requisites set forth
demonstrated by affidavits, deposition or admission that above sa summary judgment. Not appealable coz interlocutory. May
those issues are not genuine, but sham or fictitious, the court partial judgment ang isa to determine damages.
is justified n dispensing with the trial and rendering summary
judgment for plaintiff. Affidavits and Attachment
-shall be made on personal knowledge setting forth the facts admissible in
Content of Judgment evidence and showing affirmatively that affiant is competent to testify to
1. Opinion of the court or ratio decidendi-contains the finding of the matters stated therein.
facts and conclusion of the law. -Submission of affidavit in BF- the court order the one BF to pay the other
2. Disposition of the case or fallo-the final and actual disposition party the amount of reasonable expenses.
of the right’s litigated(dispositve part);
3. Signature of the judge Judgment on the Pleadings v Judgment
1.Ground-J on Pleading is redendered coz the answer fails to tender an
Fallo prevails-conflict between ratio decidenci v fallo issue, while the summary judgment is based in the ground that while
there is an issue, there is no genuine factual issue.
Judgment on Pleading 2. Basis of Judgment-J on pleading based solely on the pleading while
- When answer fails to tender an issue or otherwise admits the summary judgment is based on pleading, deposition, and admission.
material allegations of the adverse party’s pleading, the court 3. Who may file- J on P, filed by claiming party, while J on S, either by
may, on motion, direct judgment on such pleading. claiming party or defending party.
- Exception, action for declaration of nullity of marriage, 4. Notice-J on P, the movant in a motion for judgment on the pleading
unliquidated, admission of the truth of allegations of the must give the adverse party a 3-day notice of hearing, while the movant
adverse party. for S on J must give a 10-day notice.
5. Termination-J on P, terminated in a pleading while S on J, partial
“Answer fails to tender an issue”-not deny the material allegation in the judgment may be had.
complaint or admit the material allegation of the adverse party pleadings
by confessing the truthfulness thereof and or omitting to deal with them Rendition of Judgment and Final Order
all. -filing of the signed decision with the clerk of court. Mere pronouncement
of judgment in open court with the stenographer taking note thereof does
not constitute a rendition of the judgment.
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Form of judgment or final order determining the merits of the case -the court may amend such judgment or final order. 2. Petition for Review-where judgment is rendered by the RTC in the
-shall be in writing, personally, directly prepared by the judge, stating Note: 2nd motion for new trial allowed as long the grounds based was not exercise of appellate jurisdiction and brought in CA;
clearly and distinctly the facts and the law on wc it is based, signed by him available during the 1st, while 2nd motion for reconsideration is prohibited 3. Petition for Review on Certiorari-judgment of the RTC exercising the
and filed with the clerk of court. for the same party. original jurisdiction brought to the SC and raised only question of law.
Motion for new trial available even on appeal but only on the ground of
Entry of Judgment and Final order newly discovered evidence Rule 53, while Reconsideration is available -Improper appeal-choice or mode is correct but the appellant raises issues
-WHEN: Final and executory by operation of the law. Finality of judgment against judgment or final order of both the trial and appellate courts. Both wc the court could not resolve. Referred to the CA, although may
becomes a fact upon the lapse of reglementary period to appeal if no motion prohibited under the Summary Procedure and Small Claims. dismissed by the SC.
appeal is perfected. -Erroneous Appeal-error in choice or mode of appeal. Dismissed outright.
-WHAT: Is the physical act performed by the clerk of court in entering the Remedy when the motion is denied; Fresh 15-Day Period Rule
dispositive portion of the judgment in the book of entries of judgment and -Where both motion denied M for NT and R, the movant shall have a fresh Issues to be Raised on Appeal
after the same has become final and executor. period within wc to file his appeal of the judgment or final order. The 1. In all cases decided by the RTC in the exercise of its original
Fresh period is 15 days counted from the receipt of the order denying the jurisdiction, appeal may be made to the CA by mere notice of
The date of finality of Judgment or final order shall be deemed to be the motion for new trial or for reconsideration. appeal where appellant raises the question of facts and law;
date of its entry. Significant in the ff: 2. In all cases decided by the RTC in exercise of the original
a. The execution of the judgment by motion is within 5 yrs from -Apply to Rule 40( Appeal from the Mtc and Rtc); jurisdiction where the appellant raises only question of law,
entry of the judgment; -Rule 42(Petition for review from the RTC to the CA; the appeal must be taken to the SC on a petition for review
b. Filing of the petition for relief of judgment must not be more -Rule 43(Appeals onn quasi-agency to CA; on certiorari under Rule 45.
than 6 months from the date of enty. -Ruel 45 SC. 3. All appeals from judgment rendered by the RTC in the
exercise of the appellate jurisdiction, regardless of whether
P.POST JUDGMENT REMEDIES TN. The above applies only when the parties opt to file a motion for new the appellant raises question of facts, question of law, mixed
trial and reconsideration. Moreover, an order denying the motion for new questions of facts and law, shall be brought to the CA by filing
Trial de novo- a new trial asb4 a different judge and court. A trial by trial and recon is unappealable but it refers to an appeal from the a petition for review Rule 42.
appeal as if no trial exist b4. judgement subject of the motion for new trial.
-No issues may be raised on appeal unless it has been brought b4 the
Motion for New Trial and Reconsideration lower tribunal for its consideration Except:
-Distinction between them: Appeals in General 1. Ground not assigned errors but affecting jurisdiction over the subject
Motion for New Trial vs. Motion for Reconsideration -Statutory privileged and may be exercise only in the manner and in matter.
accordance with the provisions of the law. 2. Plain or clerical errors within the contemplation of the law;
As to the grounds -Not natural right or part of due process. 3. Necessary for complete resolution of the case;
4. Not assigned as error on appeals but determination of question
Grounds: (D-I-C) Judgments and Final Orders subject to Appeal properly is assigned, independent.
1. FAME wc ordinary prudence 1.Damages are awarded -applies only to those completely disposes of the case or declare by the
man could not have guard against excessively; court to be appealable. Period to Appeal
and by reason of wc the adverse 2.Evidence is insufficient to justify -All final orders are not all appealable. See above. 1. In case of ordinary appeal under rule 40- an appeal may be
party has been probably impaired the decision or final order; taken within 15 days after notice to the appellant of the
in his right. 3. Final order is contrary to law. Matters not Appealable judgment or final order appealed from. Where a record of
2. Newly discovered evidence, wc 1. Order denying a petition for relief or any similar motion appeal is required, the appellant shall file a notice of appeal
he could not with reasonable seeking relief from judgment ; and record on appeal within 30 days after notice of the
diligence have discovered and 2. Interlocutory judgment; judgment or final order.
produce at trial and if presented 3. Order disallowing or dismissing an appeal; 2. In case of an Ordinary Appeal under Rule 41- an appeal by
would have alter the result. 4. Order denying a motion to set aside a judgment by consent, notice of appeal may be taken within 15 days after notice of
confession, or compromise, on the ground of fraud, mistake or the judgment or final order appealed from. In special
As to when to file duress or any other ground vitiating consent; proceeding and in cases of multiple or separate appeals where
-period to file either motion shall be within the period for taking the 5. Order of execution; a record on appeal is required, the appellant shall file a notice
appeal of the decision 6. Judgment or final order for or against one or more of several of appeal of appeal and a record on appeal within 30 days
parties or in separate claim, counterclaim, cross-claim, and 3rd after notice of the judgment or final order. However, an
As to the effect of denial of the motion party complaint while the main case is pending; unless the appeal shall be taken within 48 hours from notice of the
-Both above not appealable, remedy being an appeal from the judgement court allows an appeal therefrom; judgment or final order appealed from.
subject of the motion for new trial. 7. Order dismissing an action without prejudice. 3. In a Petition for Review under Rule 42- the appeal may be
taken within 15 days from notice of the decision sought to be
As to the effect of the grant of motion Remedy against Judgment and Orders wc are not Appealable reviewed or the denial of petitioners motion for new trial or
New Trial -Special civil action under Rule 65.(CPM) reconsideration filed in due time after judgment. The court of
-the original judgment or final order shall be vacated and the action shall Appeals may grant an additional period of 15 days upon
stand for trial de novo, Modes of Appeal proper motion and the payment of the full amount of docket
- but recorder evidence taken in the former trial, insofar as its material 1. Ordinary Appeal-appeals to the CA from the RTC in the exercise of the and other lawful fees and deposit of cost b4 the expiration of
and competent to establish the issues, shall be used at the new trial orginal jurisdiction. Taken by filing a notice of appeal with court wc the reglamentary period. No further extension shall be
without retaking. rendered the judgment or final order appeal therefrom serving a copy; granted, except for the most compelling reason and shall not
Reconsideration exceed 1 days.

4. I n a petition for review under rule 45-the appeal may be
taken within 15 days from notice fo the award, judgment, final
order or resolution, or from the date of its last publication or
of the denial of petitioners motion for new trial or
reconsideration duly filed in accordance with law of the court.
The SC may grant extension of 30 days only within wc to file
petition.
Perfection of the Appeal
1. A party’s appeal by notice of appeal is deemed perfected as to
him by the filing of the notice of appeal in due time.
2. A party’s appeal by record on appeal is deemed perfected as
to him with the respect to the subject matter thereof upon
approval of the record on appeal filed in due time.
Effect of perfection of an appeal:
1. A party’s appeal by notice of appeal, the court losses
jurisdiction over the case upon the perfection of the appeal
filed in due time and the expiration of the time to appeal of
the other parties.
2. A party’s appeal by record on appeal, the court losses
jurisdiction over the case upon the approval of the record on
appeal filed in due time and the expiration of the time to
appeal by the other parties.
Appeal from the judgments or final order of the MTC
-may be taken to the RTC exercising jurisdiction over the area to wc the
MTC pertain.
Note: Where MTC dismissed a case for lack of juris and appeal of such
dismissal is made to the RTC, should the latter affirm the dismissal and if it
has jurisdiction over the subject matter, the RTC is obliged to try the case
as if it were originally filed with.
Appeal from Judgment or Final Orders of the RTC
-3 modes either by Ordinary Appeal Rule 41;
-Petition for Review Rule 42;
-Petition for review on certiorari Rule 45.
Appeal from Judgment of Final Order of the CA
-may be elevated to the SC for purely question of law under Rule 45:
Petition for Review on Certiorari.
Appeals from Judgment or Final Order of the CTA
-file a petition for review with the CTA en banc
Review of Final Judgment or Final Orders of the Commission on Elections
-to SC on certiorari under Rule 65 in relation to Rule 64 y filing the petition
within 30 days from notice.
Review of Final Judgment or Final Orders of the COA
- to SC on certiorari under Rule 65 in relation to Rule 64 y filing the
petition within 30 days from notice.
Review of Final Judgment or Final Orders of the CSC
-to CA via petition for review under rule 43.
Review of Final Judgment or Final Orders of the Ombudsman
1. An appeal from the orders and decision of the Ombudsan in
administrative disciplinary cases may be brought to the CA via
petition for review under Rule 43.
2. If crim action or non-administrative case, the remedy to file a
petition for certiorari under rule 65 with the SC.
Review of Final Judgment or Final Orders of the NLRC
-By way of petition for certiorari under rule 65nwithin 60 days from notice
of the decision, such filed with the CA in accord with doctrine of hierarchy
of court. Should the same be filed with the SC, the latter shall dismiss the
same instead of referring the action to the CA.
Review of Final Judgment or Final Orders of Quasi-Judicial Agencies
-appeals from the quasi-judicial agencies listed in rule 43 are required to
be brought to the CA via petition for review. It may involved question of
fact or question of law. The appeal shall not stay the award, judgment or
final order of the resolution unless the CA directs otherwise.
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Relief from Judgments, Orders and Other Proceedings
-Concept: remedy where the party seek to set aside judgment, final
order or any other proceeding rendered against him by the court
whenever he was unjustly deprived of hearing or was prevented from
taking an appeal because of F-A-M-E.
-Where to file:with the same court where original judgment was
rendered.
Grounds for Availing of the Remedy
1. When judgment or final order taken because of F-A-M-E;
2. When the petition has been prevented from taking an appeal
by F-A-M-E.
Time to File Petition
-Petition for relief from the judgment must be filed within a. 60 days from
the knowledge of judgment to set aside and b. 6 months from entry of
judgment.
Contents of Petition
-Must be verified;
-accompanied by affidavit showing F-A-M-E
-also affidavit of merit wc shows facts constituting petitioners good and
substantial cause of action.
************************************
Annulment of Judgments or Final Orders and Resolutions
-Remedy independent of the case where the judgment sought to be
annulled was rendered. Its purpose is to to set aside the judgment so that
there will be a renewal of litigation;
-where the ordinary remedies of new trial, appeal, relief from judgement
is no longer available without petitioners fault.
-The CA has exclusive original jurisdiction over the actions for annulment
of judgment or final order in civil actions of the RTC.
Grounds for Annulment
-Based on extrinsic fraud and lack of jurisdiction
-Extrinsic fraud refers to any fraudulent acts of the prevailing party in the
litigation wc is committed outside of the trial of the case, whereby the
defeated party has been prevented from exhibiting fully his side of the
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case, by fraud or deception practice of his opponent. But cannot be
availed of if it was availed in a motion for new trial or relief.
Lack of jurisdiction- over the person of the defendant or indispensable
parties or over the subject matter.
Period to File Action
1. Where the action is based on the ground of extrinsic fraud-4
yrs from its discovery;
2. Lack of jurisdiction, the action must be brought b4 the action
is barred by laches or estoppel.
Effects of Judgment of Annulment
1. On the ground of jurisdiction:
a. The question judgment or order shall be set aside and
rendered void. The nullity shall be without prejudice to
the refilling of the original action in the proper court.
b. The prescriptive period to re-file shall be deemed
suspended from the filing of the of such original action
until th finality of the judgment of annulment.
2. Extrinsic Fraud:
a. The court, upon motion may order the trial court to try
the case as if a motion for new trial was granted;
b. Prescriptive period shall not be suspended if the
extrinsic fraud is attributable to the plaintiff in the
original action.
Note: The court may award the damages, atty fee and other relief, in
addition to the above.
Collateral Attack of Judgments
-made when in another action to obtain a different relief, an attack on the
judgment is made as an incident in said action. Proper only when the
judgment, on its face is null and void as where its patent that the court
wc rendered said judgment has no jurisdiction.
Q. EXECUTION, SATIFACTION AND EFFECT OF JUDGMENTS
- execution is a remedy afforded by the law for the enforcement of a
judgment, to obtain satisfaction from the judgment on wc the writ is
issued. It issues by the order of the court a quo, a motion of the judgment
oblige, upon finality of judgment or order sought to be enforced.
Difference bet finality of judgment for purpose of appeal; for purposes
of execution
-For purpose of appeal a judgment or final order is final if it disposes of
the action or proceeding. One wc leave nothing for the court to do, so
that it is now appealable; while for purpose of execution, a judgment or
final order is no longer appealable and is already capable of being
executed coz the period of appeal has lapse and if there has been appeal,
it has already been affirmed by the highest possible tribunal.
When execution shall issue
-execution as a matter of right-is available on motion upon judgment or
order that disposes the action or proceeding upon the expiration of the
period to appeal and if no such appeal has been duly perfected.
-as a matter of discretion:
1. There must be a motion filed by the prevailing party with notice to
adverse party.
How judgment is executed
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Execution by motion or by independent action

Issuance and contents of a writ of execution

Execution of Judgment for Money

Execution of judgment for specific acts

Effect of levy on 3rd person

Properties exempt from execution

Proceeding where property is claimed by 3rd person

In relation to 3rd party claim in attachment and replevin