GRACE XAVIERE E.

ESCOSIA / ATENEO LAW 4A 2011

Dismiss Claim Outright
SMALL CLAIMS Pay docket and other legal fees
UNLESS allowed to litigate as indigent
Examine allegations of the statement of Claim
Action File in court and evidence attached thereto
Must pay P1,000 fee for service of
Purely civil in nature where Accomplished & verified On any of the grounds apparent form the claim
summons and process
the claim or relief prayed for is Statement of Claim
solely for payment or o In duplicate Summons and Notice of Hearing
reimbursement of sum of Certification of Non- 1. File motion to sue as indigent to
Issue summons on the day of receipt of Statement of
money, and forum shopping Executive/Presiding Judge
Claim, directing defendant to submit verified response
Civil aspect of criminal actions 2 Duly certified 2. If granted, case raffle or assigned to
Issue notice to both parties
photocopies of the court designated to hear case.
o Direct them to appear before it on a specific date
actionable document 3. If denied, plaintiff given 5 days within
and time of hearing
Scope Affidavit of witnesses which to pay docket fees.
o Warning : No justified postponement is allowed.
Payment of money where Other evidence to o Otherwise, dismissed w/o prejudice
o Express prohibition against failing MTD and other
the value of the claim does not support claim prohibited pleading under Sec. 14
exceed P100,000
Joinder of claims : Provided total Accompanied by:
Exclusive of interests and cost GR: If not attached to amount claimed not exceed P100,000 1. Copy of statement of claim and documents submitted
claim, evidence cannot be Affidavits must state: by the plaintiff
presented during hearing 1. Only facts of direct personal knowledge 2. Copy of the response to be accomplished by
EX: Good cause of the affiants defendant
2. Admissible as evidence
Inadmissible affidavit or portion is Within 10 days
Decision
expugned from the record File verified response from receipt of
Rendered on the same
day as the hearing
Serve on the plaintiff summons
Hearing Accompanied by:
Based on the facts
Judge read aloud a short statement explaining the 1. Certified photocopies of documents
established by evidence
nature, purpose, and rule of procedure of small claims 2. Affidavits of witnesses
Immediately entered
Move for Judge exert efforts to bring parties to an amicable 3. Other evidence in support thereof
by the Clerk of Court in
Execution settlement of the dispute Grounds under Rule 16 of ROC should
the court docket
Form of settlement: be pleaded
Copy served on the
1. In writing File counterclaim; Otherwise, barred
parties
Final and unappealable 2. Signed by the parties
3. Submitted for court approval GR: If not attached to claim, evidence
Settlement discussions are strictly confidential cannot be presented during hearing
If efforts at settlement fail, hearing proceed in an EX: Good cause
informal and expeditious manner.
Referral to another judge o Terminated within 1 day. Fails to file response but appears at
Postponement:
Granted only Either party may move in the date set for hearing
upon proof of writing Appearance Court ascertain what defense he has to offer
inability of part Made within the same day If through a representative: Proceed to hear, mediate or adjudicate the
yto appear the motion is filed & granted 1. For a valid cause. case on the same day
Availed only By the Executive Judge to 2. Not a lawyer
once the designated judge within 3. Related to or next-of-kin of the individual-party
the same day of referral 4. Authorized under an SPA
New judge hear and decide o To enter into an amicable settlement
case within 5 working days o To enter into stipulations or admissions of facts of documentary exhibits
from receipt of order of Juridical entities not represented by a lawyer in any capacity.
assignment Attorneys are not allowed. UNLESS attorney is the plaintiff/defendant.
Jurisdiction Venue File complaint Pay docket/legal fees Summons
MTC, RTC, Real action Cause of Action Contents
CA, SC Personal action Parties When served
By agreement Parts of a pleading How served
Filing & Service
Reply After acquired jurisdiction but
Answer to Within 10
days Joinder of issues before responding to a pleading
counterclaim or cross
Answer Motion to strike
claim
Bring new parties Counterclaim Fail to file Motion for extension to file
Cross claim an answer
Amendment by leave Amendment as a matter of right
of court Third Party Claim Supplemental pleadings
Summary judgment Defenses Default Bill of particulars
Judgment on the Objections Order Motion to dismiss
pleadings
Lis Pendens Remedy Dismissal upon notice by plaintiff
Discovery by Admission
of Adverse Party Dismissal upon Partial Modes of Discovery (EXCEPT Admission)

Stages in a Civil Action (Rules 1-47)

motion of plaintiff N/A
Motion for
Before reopening trial

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011

Pre-Trial Trial Judgment finality MR
File pre-trial Motion for postponement Rendition MNT
brief Order of trial Entry Appeal
Preliminary Consolidation Kinds of judgment After
finality
conference Trial by commissioner Final and
executory
Pre-trial Demurrer to evidence Execution Petition for
Amendment to conform Kinds relief
to the evidence When issued
Annulment
Conduct of Sale
Rules on Redemption of judgment
Intervention Third party claim
Subpoena Satisfaction
Dismissal due to fault of plaintiff Enforcement
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011 Requisites of a class suit: Parts of a Pleading
FILE A COMPLAINT 1. Subject of the controversy is of common or
general interest to many persons;
1. Caption
o (1) Name of the court; (2) Title of the
Parties 2. Persons are so numerous that it is impractical
Who may be parties: action; and (3) Docket number.
Cause of Action to bring them all to court;
1. Natural person 2. Body
3. Parties actually before the court are sufficiently
Elements: o Must be of age of majority o (1) Designation; (2) Allegations of
numerous and representative;
1. Existence of a legal o Minor/Incompetent – with the 4. Representative sue or defend for the benefit of claims/defenses; (3) Relief; (4) Date
right of the plaintiff assistance of father, mother, guardian, all. 3. Signature
2. Correlative duty of a or guardian ad litem Elements of joinder of parties: o Of party, or of counsel
defendant to o Married person – GR: sue jointly. EX: 1. Right or relief in favor of or against the parties o Contents:
respect one’s right (1) Judicial separation; (2) Separation joined in respect to or arising out of the same 1)He has read the pleading;
3. Act or omission of of at least one year; (3) Separation of transaction or series of transaction; 2)To the best of his knowledge, information
property agreed upon in the marriage 2. Common question of law or fact.
the defendant in the & belief there is good ground to support it;
settlements; (4) Administration of all Failure to implead:
violation of the property in the marriage has been 3)It is not interposed for delay.
o Indispensable – null & void judgment
plaintiff’s right transferred to the wife; (5) Litigation is 4. Verification
o Necessary – waiver
Joinder of COA: between husband and wife; (6) Suit Substitution of parties: o Contents:
1. Comply with the concerns paraphernal property; (7) 1. Death 1) Affiant has read the pleading; and
rules of joinder of Action is upon the civil liability arising o Claim is not extinguished 2) Allegations therein are true and correct of
parties; from a criminal offense; (8) Litigation o Duty of counsel : (1) Inform the court within his personal knowledge or based on authentic
2. Not include SCA or is incidental to the profession, 30 days after such death of the fact thereof, records.
actions governed by occupation or business in which she is (2) Give the names and address of legal o Substantial compliance:Signed by attorney.
engaged; (9) Civil action referred to in representative/s
special rules; 5. Certificate Against Forum Shopping [CNFS]
Articles 25 to 35 of CC; (10) Quasi- o Court orders legal representative/s to appear
3. COA between same delict. o Contents:
and be substituted within 30 days from
parties but pertain o Supervening incapacity – Upon 1) He has not commenced any action or filed
notice
to different motion and notice, continue action o Heirs may be allowed to be substituted for any claim involving the same issues in any
jurisdiction or but assisted by legal guardian or the deceased court and no such other action or claim is
venue, joinder may guardian ad litem 2. Public officer dies, resigns, or cease to hold pending;
be allowed in RTC 2. Juridical person office 2) If there is such other pending action or
provided one of the o Duly incorporated in the SEC 3. Transfer of interest claim, a complete statement of the present
COA falls within o GR: Foreign corporation doing Indigent litigant – exempt from payment of status of it; and
business without a license cannot sue. docket and other lawful fees and of transcripts of
jurisdiction of said 3) If he should thereafter learn that the same
EX: Philippine citizen/entity benefited stenographic notes (constitute as a lien)
court and venue lies and etopped from challenging or similar action or claim has been filed or is
1. Indigent under Rule 141, Sec. 19
therein; and corporate personality pending, he shall report that fact within 5 days
o Gross income and that of immediate family
4. Claims in all COA are 3. Entities authorized by law do not exceed an amount double the to the court.
principally for Real party in interest monthly minimum wage of an employee; oNoncompliance: (1) Dismissal without
recovery of money, o Stands to be benefited or injured by and prejudice, (2) Not curable by amendment
aggregate amount the judgment in the suit; or o Do not own real property with a FMV as o GR: Signed by the petitioner himself and not
claimed shall be the o Entitled to the avails of the suit. stated in current tax declaration of more by counsel, EX: Substantial compliance
test of jurisdiction. Indispensable party – Without whom no than P300,000 (reasonable cause for failure to sign)
final determination can be had of an action 2. In excess of requirements under Rule 141,
Restrictions on o False certification: (1) indirect contempt, (2)
Necessary Party – Ought to be joined as a apply indigency test.
joinder of COA: party if complete relief is to be accorded as administrative action, (3) criminal action
o No money or property suffient and available
1. Jurisdiction to those already parties, or for a complete o Willful & deliberate forum shopping: (1)
for food, shelter, and basic necessities for
2. Venue determination or settlement of the claim himself and his family. summary dismissal with prejudice, (2) direct
3. Joinder of parties subject of the action. o Upon ex parte application & hearing contempt, (3) admin sanctions
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
MODES OF FILING PROOF OF FILING
FILE A COMPLAINT
Personal Service 1. By its existence in the record of the case, or
MODES OF SERVICE COMPLETE PROOF OF SERVICE Presenting original copies to the Clerk of 2. If not, by written or stamped
Personal Service Upon actual 1. Written admission of Court acknowledgment of its filing by the clerk of
1. Deliver copy to the party or delivery the party served, or Date of filing : Clerk of court endorse on the court on the copy of the same
his counsel 2. Official return of pleading the date and hour of filing
2. Leave copy in party’s or server, or
Registered Mail 1. By registered receipt, and
counsel’s office with his clerk 3. Affidavit of party
Date of filing : Date of mailing as shown by 2. Affidavit of person who did the mailing
or with a person having serving
the post office stamp on the envelope or Contains full statement of date and place
charge thereof Contains full
registry receipt of depositing the mail
3. Leave copy at the statement of date,
party’s/counsel’s residence place and manner of
SERVICE OF Filing : Act of presenting the pleading or other paper to
with a person of sufficient service
age and discretion residing JUDGMENTS, FINAL the clerk of court
therein ORDERS, OR Service : Act of providing a party with a copy of the
o No person is found in his RESOLUTIONS pleading or paper concerned.
office, GR: Rule 13 applies to all pleadings and papers.
o Office is not known, or Personal Service EX : Summons.
o No office. Paper required to be filed : Every judgment, resolution,
Registered Mail
Registered Mail 1. Upon actual By affidavit ant registry order, pleading subsequent to the complaint, written
1. Deposit copy in the office receipt by the receipt issued by mailing
Publication motion, notice, appearance, demand, offer of judgment,
In a sealed envelope adressee, or office If summoned by similar papers.
Plainly addressed to party or 2. After 5 days from Upon receipt by publication and party Priority of service:
his counsel at his (1) Office, if the date he sender, file: failed to appear 1. Personal
known; (2) Residence, if known received the first 1. Registry return card, At the expense of the 2. Other modes + Written explanation
Postage fully pre-paid notice of the or prevailing party Violation : Consider paper as not filed
With instructions to the postmaster 2. Unclaimed letter +
postmaster to return to the Whichever date is Certified/sworn
sender after 10 days if earlier copy of notice given PAY DOCKET AND LEGAL FEES
undelivered by postmaster Filing of the appropriate initiatory pleading and payment of the prescribed docket fee
Ordinary Mail Upon the Affidavit of person vests the court with jurisdiction over the subject-matter or nature of the action.
No registry service is available expiration of 10 mailing Where the filing of the initiatory pleading is not accompanied by payment of the docket
in the locality of either the days after mailing fee, the court may allow payment of the fee within a reasonable time but in no case
sender or the addressee UNLESS court beyond the applicable prescriptive or reglementary period.
otherwise provides The same rule applies to permissive counterclaims, third-party claims and similar
pleadings.
Substituted Service At the time of Where the trial court acquires jurisdiction over a claim by the filing of the appropriate
1. Deliver copy to clerk of court delivery pleading and payment of the prescribed filing fee but, subsequently, the judgment
Cannot serve personally or by
awards a claim not specified in the pleading, or if specified the same has been left for
mail
determination by the court, the additional filing fee therefor shall constitute a lien on the
Office and place of residence
judgment.
of party and counsel are
unknown Specify the amount of damages being prayed for in the body of the pleading and in the
With proof of failure of both prayer. Said damages shall be considered in the assessment of the filing fees in any case.
personal service and service by Any pleading that fails to comply with this requirement shall not be accepted nor
mail admitted, or shall otherwise be expunged from the record.
ISSUE SUMMONS By whom served:
1. Sheriff
Return:
o Serve to plaintiff’s counsel within 5 days after service has been completed
Contents: 2. Deputy sheriff o How: (1) Personally, (2) Registered mail
1. Name of the court 3. Other proper court o Return summons to clerk who issued it + Proof of service
2. Names of the parties to the action officer Alias summons: (On demand of the plaintiff)
3. Direction that defendant answer within the time 4. Any suitable person o Grounds: (1) Summons returned without being served, (2) Summons has been lost
fixed authorized by the court o Serve copy of return on plaintiff’s counsel within 5 days after failure of service
4. Notice: If he doesn’t answer, plaintiff will take o For justifiable reasons o State reasons for failure of service
judgment by default and may be granted the relief
applied for. MODE OF SERVICE HOW
Attachment: Upon whom summons is served:
1. Copy of the complaint, and Personal Service 1. Handing a copy of summons in person, or Natural person:
2. Order for appointment of guardian ad litem, if any o Whenever 2. Tender summons o Minors – personally and with --
practicable o If refused to receive and sign summons 1. Legal guardian
2. Guardian ad litem (applied for by the plaintiff)
Impossibility of prompt service Substituted 1. Leave copy of summons at the defendant’s 3. Father or mother
o "Reasonable time" is defined as "so much time Service residence o Incompetents
as is necessary under the circumstances for a o If for justifiable o With some person of suitable age and 1. Legal guardian
reasonably prudent and diligent man to do, reasons, personal discretion residing therein 2. Guardian ad litem (applied for by the plaintiff)
conveniently, what the contract or duty requires service cannot be 2. Leave copy of summons at defendant’s o Prisoners
that should be done, having a regard for the rights made within a office or regular place of business 1. By the officer having management of jail or
and possibility of loss, if any, to the other party." reasonable time o With competent person in charge institution who is deemed deputized as special
oThere must be several attempts by the sheriff to sheriff
personally serve the summons within a reasonable Publication in a Identity or whereabouts are known Juridical person:
period [of one month] which eventually resulted in newspaper of By leave of court o Entity without juridical personality
failure to prove impossibility of prompt service. general circulation 1. Upon any one of the defendants
o "Several attempts" means at least 3 tries, Resident temporarily outside the country
By leave of court 2. Upon the person in charge of the office or
preferably on at least two different dates. In oProof of service: place of business
addition, the sheriff must cite why such efforts 1. By affidavit of— Nonresident and not found in the country NOT bind individually any person whose
were unsuccessful • Printer, Grounds: connection with the entity has, upon due
Person of suitable age and discretion : One who foreman or 1. Action affects the personal status of the notice, been severed before action was
has attained the age of full legal capacity and is principal clerk plaintiff or relates to brought.
considered to have enough discernment to • Editor, business 2. Subject of the action is property within the o Domestic private juridical entity
understand the importance of a summons. He must or advertising Philippines in which the defendant has or 1. President
have the "relation of confidence" to the defendant. manager claims a lien or interest 2. Managing partner
Competent person in charge: (1)The one managing 2. By affidavit 3. Action in which the relief demanded 3. General manager
the office or business of defendant, such as the showing – consists in excluding the defendant from 4. Corporate secretary
president or manager; (2)Have sufficient knowledge • Deposit of copy any interest in the property 5. Treasurer
to understand the obligation of the defendant in the of summons 4. Property of the defendant has been 6. In-house counsel
summons, its importance, and the prejudicial effects and order for attached within the Philippines o Foreign private juridical entity
arising from inaction on the summons. publication in By leave of court + Answer not less than 60 1. Resident agent designated by law
post office days after notice 2. If none, government official designated by law
Proof of service: (Made in writing by server) • Postage prepaid How: 3. Any of its officers or agents within the
1. Set forth manner, place and date of service • Directed to 1. Personal service Philippines
2. Specify any paper which have been served with defendant by 2. Publication + Send copy of summons and o Republic of the Philippines – Solicitor General
the process and the name of the person who registered mail order of court by registered mail to the last o Public corporations
received the same to his last known address of defendant 1. Executive head
3. Sworn to when made by person other than sheriff known address 3. Any other manner the court may deem 2. Other officer/s as law or court may direct
or his deputy sufficient
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
AFTER ACQUIRED JURISDICTION BUT BEFORE RESPONDING TO A PLEADING
Motion to Strike (R 9, S 12) Motion for Extension to File (R 11, S 11)
DISCOVERY PETITION/ACTION WHO APPLIES SCOPE
When: On such terms as may be just
1. Before responding to a pleading DEPOSITIONS Verified petition in the A person who ANY MATTER cognizable in
2. If no responding pleading filed, within 20 Amendment as a matter of right (A) and BEFORE ACTION court of the place of desire to any Philippine court
days after service of the pleading Supplemental Pleading (S) (R 10, S 2 & 6) (Rule 24) residence of any perpetuate his
3. Any time – Upon court’s own initiative Upon (1) Motion of the party, (2) expected adverse party own testimony
Reasonable notice, (3) Terms as are just DEPOSITION Motion in the court in or that of For use in the event of
Grounds: (1) Sham or false, (2)
For (A) : (1) Add/strike out allegation or PENDING APPEAL which the judgment was another person further proceedings in said
Redundant, (3) Immaterial, (4) Impertinent,
(Rule 24) rendered court
(5) Scandalous matter name of party, (2) Correct a mistake in
DEPOSITIONS By leave of court after Rule 23: ANY MATTER
name, allegation or description
PENDING ACTION jurisdiction has been Any party Not privileged
Bill of Particulars (R 12) For (S) : Set forth transactions,
(Rule 23) obtained over any Not annoy, embarrass, or
Purpose : Of any matter which is not occurrences or events which have and defendant or over Rule 25: oppress the deponent or
averred with sufficient definiteness or happened since the date of the pleading INTERROGATORY property which is Any party party
particularity to enable him properly to sought to be supplemented. (Rule 25) subject of the action desiring to elicit Relevant to the subject
prepare his responsive pleading Answer within 15 (A) or 10 (S) days from (Motion) material and of the pending action
When : notice of the order admitting the same W/o leave of court relevant facts
1. Before responding to a pleading, or after an answer has from any
2. Within 10 days from service of a reply Motion to Dismiss (R 16) been served (Notice) adverse parties
Filed either in a separate or amended Grounds: ADMISSION BY Written request for A party Genuineness of
pleading + Serve copy on the adverse party 1. No jurisdiction over the person ADVERSE PARTY admission Any material and
Contents: (1) Point out the defects 2. No jurisdiction over subject matter (Rule 26) relevant document
complained of, (2) Paragraphs wherein 3. Improper venue described in and
they are contained, and (3) Details desired. 4. Plaintiff has no legal capacity to sue exhibited with the
5. Litis pendentia request
Action of the court:
6. Res judicata or statute of limitations The truth of any material
1. Deny or grant outright
7. States no cause of action and relevant matter of
o If granted, comply with order within fact set forth in the
10 days from notice of order. 8. Claim or demand has been paid,
waived, abandoned or extinguished request.
o Effect of noncompliance : (1) Strike PRODUCTION OF Motion + Good cause Any party For order to produce and
out pleading, (2) Other order as it 9. Unenforceable under Statute of Frauds
DOCUMENTS/ permit inspection and
deems just. 10.Condition precedent for filing the
THINGS copying
2.Allow parties opportunity to be heard claim has not been complied with
(Rule 27) Not privileged
File responsive pleading : Hearing : Submit arguments on Contain evidence
o When : (1) After service of BOP or questions of law and evidence on material to any matter
more definite pleading, (2) After questions of fact involved EXCEPT those involved in the action
notice of denial of motion not available at that time In his possession,
o Time to plead: Within period to which o Evidence presented automatically custody, or control
he was entitled at the time of filing his forms part of evidence during trial For order to permit entry
motion (not less than 5 days) Action of the court: (1) Dismiss the Any designated relevant
Becomes part of the pleading for which it action, (2) Deny the motion, (3) Order object or operation
is intended. amendment of pleading. PHYSICAL AND Motion + Good cause + Court in which In an action in which the
Time to plead: File answer within period MENTAL Notice to (1) party to be the action is mental or physical
Dismissal upon notice by plaintiff (R17, S1) to which he was entitled at the time of EXAMINATION examined and (2) all pending may in condition of a party is in
GR: Dismissal is without prejudice UNLESS filing his motion (not less than 5 days) (Rule 28) other parties its discretion controversy
otherwise specified in the order. Bar refiling of action if MTD granted:
EX: When filed by plaintiff who has once grounds (6), (8), and (9) Effect of Interruption (R 22, S 2) (Applies to R 12 & R 16)
dismissed in a competent court an action If MTD granted, counterclaim The day of the act that caused the interruption shall be excluded in the computation.
based on or including the same claim. prosecuted in the same/separate action Start to run after notice of cessation of the cause thereof.
 MODES OF DISCOVERY

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011

Persons before whom it may be taken: Deposition before action Deposition pending Interrogatories to parties
(DEPOSITIONS) In the Philippines action and pending
Disqualification by Interest 1. Any judge appeal
1. Relative within the 6th degree of 2. Notary Public
consanguinity or affinity 3. Person authorized to administer oaths Used in an action Used at the trial, upon Relate to any matters
Of any of the parties /Of counsel o Stipulated in writing involving the same hearing of a motion, or an that can be inquired into
2. Employee In foreign countries subject matter interlocutory proceeding
Of any of the parties /Of counsel 1. Secretary of embassy/legation
3. Counsel of any of the parties 2. Consul general Against any party who (1) was present; (2) represented at the taking; (2) had due notice
4. Person who is financially 3. Consul
interested in the action 4. Vice-consul 1. Deposition of a witness – may be used by any party
5. Consular agent To contradict or impeach the deponent’s testimony as a witness
Substitution of parties 6. Appointed by commission/letters rogatory For any purpose if the court finds that:
Does not affect the right to use o Letters rogatory must be with leave of o Witness is dead;
depositions previously taken court and granted only when a o Witness resides at a distance more than 100 km from place of trial or hearing, or
Depositions taken and duly filed commission is returned unexecuted is out of the Philippines
in a former action may be used in o On application and notice
• UNLESS it appears that absence of witness is procured by party offering the
another action involving the same 7. Person authorized to administer oaths
o Stipulated in writing
deposition
subject and parties
o Witness is unable to testify because of age, sickness, infirmity, or imprisonment;
NOTICE AND SERVICE o Party offering the deposition has been unable to procure the attendance of the
witness by subpoena; or
Deposition Serve upon each person named in the petition as an expected o Exceptional circumstances exist as to make it desirable to allow the deposition to
before action adverse party be used.
Notice + Copy of the petition • Upon application and notice
WHEN : At least 20 days before the date of the hearing
• In the interest of justice
TO WHOM : (1) on the parties; and (2) prospective deponents
HOW : In the manner provided for service of summons • With due regard to the importance of presenting the testimony of witnesses
orally in open court
Deposition upon Give reasonable notice in writing to every other party to the 2. Deposition of any party, or anyone who at the time of taking the deposition was
oral action an officer, director, or managing agent of a public or private corporation – may be
examination Contents of notice : (1) Time and place; (2) Name and address used by an adverse party for any purpose
before action of each person to be examined, if name is known; (3) General
3. If only part of the deposition is introduced
description to identify him or the particular class/group to which
he belongs, if name is not known Adverse party may require all of it which is relevant to the part introduced
After service of notice + On motion of any party = court may Any party may introduce any other parts.
enlarge or shorten the time
Proof of service of notice Scope Effect of Taking : Not deemed
Deposition upon Serve upon every other party Constitute sufficient Any matter to make person his witness
written Contents of notice : (1) Name and address of person who is to authorization for the issuance of 1. Not privileged Effect of Using :
interrogatories answer them; (2) Name or descriptive title and address of the subpoenas 2. Relevant to the GR : Makes deponent the
before action deposition officer o For the persons named in said subject of the witness of party introducing
Deposition Same notice and service as if the action was pending therein notice pending action the deposition
pending appeal o By the COC of the place in 3. Not restricted EX :
which the deposition is to be by protective 1. Used to impeach/contradict
Interrogatories Serve upon the adverse party taken order or motion 2. Deposition of opponent
to parties Only one set of interrogatories is allowed UNLESS leave of court Cannot issue a subpoena duces to limit 3. Deposition of an officer of a
is obtained by the same party. tecum without court order examination corporation
MODES OF DISCOVERY (DEPOSITIONS) Procedure for taking depositions
Record of Examination
Protection Order Protection Order Motion to terminate or limit 1. Put the witness under oath
(R 23, S 16) (R 23, S 28) examination 2. Record the testimony
(R 23,S 18) o BY WHOM : (1) By officer; (2) By someone acting
under his direction and in his presence
WHO 1. By any party 1. By a party 1. By any party
o Taken stenographically UNLESS agree otherwise
2. By person to be examined 2. By a deponent 2. By a deponent
o Officer shall note all objections upon the deposition
WHEN After notice is served AND prior After service of interrogatories Any time during the taking of In lieu of participating in the oral examination, parties
to taking of testimony of AND prior to taking of deposition may transmit written interrogatories to the officer.
deponent testimony of deponent
Submission to Witness
WHERE Court in which action is pending Court in which action is pending 1. Court in which the action is pending WHEN : After testimony is fully transcribed
2. RTC of place where deposition is GR:Witness examine deposition and read to or by him.
being taken EX: Waived by the witness and by the parties
Changes in form or substance :
HOW Motion + Good cause Motion + Good cause Motion/Petition
1. Entered upon the deposition by the officer
o With statement of the reasons given by the witness
GROUNDS 1. Not be taken 1. Any order specified in Secs. Examination conducted to annoy,
2. Witness signs the deposition
2. Taken only at some 15, 16, 18 which is embarrass, or oppress the deponent
o UNLESS (1) Waiver; (2) Witness is ill; (3) Witness
designated place appropriate and just or party
cannot be found; (4) Witness refuses to sign [WICR]
3. Taken only in written 2. Deposition not taken before
3. If not signed by the witness, officer shall sign it,.
interrogatories designated officer Order officer to:
o State on the record the fact of WICR and reason
4. Certain matters shall not be 3. Taken only in oral 1. Cease from taking the deposition
given, if any
inquired into examination 2. Limit the scope and manner of
o May be used as fully as though signed UNLESS
5. Scope of the examination taking the deposition
court upholds motion to suppress
shall be held with no one
present (EXCEPT (1) parties Taking of deposition resumed only
to the action; (2) counsel of upon order of the court in which the Certification by the Officer
parties) action is pending. Contents of certification:
6. Sealed deposition opened 1. Witness was duly sworn to by deposition officer, and
only by order of the court 2. Deposition is a true record of the testimony given by
7. Secret processes, the witness
developments, or research After certification, securely seal deposition in an
need not be disclosed envelope indorsed with the title of the action.
8. Parties shall simultaneously
file specified documents or Filing of the Officer
information enclosed in WHERE : Court in which the action is pending
sealed envelopes to be He can send it by registered mail to the clerk for filing.
opened as directed by the
court Rules on Objections Notice of Filing given to all parties
9. Any other order which justice Objections to direct interrogatories : within 10 days. Failure of party giving notice to attend OR serve
requires to protect Objections to cross interrogatories : within 5 days. subpoena : Pay the amount of reasonable expenses
party/witness from Objections to re-direct interrogatories : within 3 days. incurred by party and his counsel in so attending
annoyance, embarrassment, Objections to re-cross interrogatories : within 3 days.
or oppression
Furnish Copies
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011 At the trial or hearing, any party may object or rebut WHEN : Upon payment of reasonable charge
any relevant evidence contained in a deposition. TO WHOM : (1) To any party; (2) To deponent
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
MODES OF DISCOVERY
Admission by Adverse Party
WHO A party
WHEN Any time after issues have been joined
WHERE
ORDERS or File and serve upon any other party
EFFECTS Copies of the documents shall be
delivered with the request
o UNLESS copies have already been
furnished
Implied admission of matters on which
an admission is requested
o WHEN :
1. Within a period not less than 15
days after service of admission, or
2. Within such time as the court may
allow
o Serve a sworn statement
1. Denying specifically the matters of
which an admission is requested
2. Set forth in details the reasons why
he cannot truthfully either admit or
deny those matters
Objections:
o WHEN : Within the period for and
prior to the filing of sworn
statement
o Defer filing of sworn statement
until objections are resolved
Effect of admission:
1. For the purpose of the pending action
2. Not constitute an admission by party
making an admission for any other
purpose
3. Not used against a party making an
admission in any other proceeding
May withdrawn or amended
Failure to file and serve:
o Not permitted to present evidence
of such fact (asked to be admitted)
o UBLESS good cause + prevent
failure of justice
NOTE: Discovery is subject to the discretion of the court and may be
availed of at any stage of the proceeding, even during execution.
Production or Inspection of Documents
or Things
Any party
Court in which the action is pending
1. To produce and permit the inspection
and copying or photographing
By or behalf of the moving party
Of any designated documents, papers,
books, accounts, letters, photographs,
objects or tangible things
o Not privileged
o Contain evidence material to any
matter involved in the action
o In his possession, custody or
control
2. To permit entry upon property
In his possession or control
Purpose : Inspecting, measuring,
surveying, or photographing the (1)
property or (2) any designated relevant
object or operation
Contents of the Order: (1) Time; (2)
Place; (3) Manner of making the
inspection and taking copies and
photographs; (4) Other terms and
conditions as are just
Physical and Mental Examination of Persons
A party in an action in which his mental or
physical condition is in controversy
Court in which the action is pending
Deliver copy of a detailed written report of
the examining physician
o If requested by the party examined [PE]
o BY WHOM : Party causing the
examination to be made [PCEM]
o Sets out the findings & conclusions
o EFFECT : PCEM entitled upon request to
receive from PE a like report
Any examination
Previously or thereafter made
Same mental/physical condition
PE waives any privilege
o In that action or any other involving the
same controversy
o Regarding the testimony of every other
person (1) who examined; (2) may
thereafter examine him
o In respect of same mental/physical
examination
o Grounds:
1) By requesting and obtaining a report of
the examination
2) By taking the deposition of the examiner
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
MODES OF DISCOVERY
Effects of Errors and Irregularities in Depositions
As to notice – Waived
o UNLESS written objection is promptly served on party
giving the notice
As to disqualification of officer – Waived
o UNLESS made (1) before taking of deposition begins; or
(2) as soon as disqualification becomes known or could
be discovered with reasonable diligence
As to competency or relevancy of evidence
o Waived ONLY when ground of the objection is one which
might have been obviated or removed if presented at
that time
As to oral examination and other particulars – Waived
o UNLESS reasonable objection is made at the taking
o Relating to:
1) Manner of taking of depositions
2) Form of the questions or answers
3) Oath or affirmation
4) Conduct of the parties
5)Errors of any kind which might be obviated, removed or
cured if promptly prosecuted
As to form of written interrogatories – Waived
o UNLESSS served in writing upon the party propounding
them within the time allowed for serving succeeding
cross or other interrogatories AND within 3 days after
service of the last interrogatories authorized.
As to manner of preparation – Waived
o UNLESS a motion to suppress is filed
1)With reasonable promptness after such defect is
ascertained
2)With due diligence defect might have been ascertained
o Relating to:
1) Manner in which testimony is transcribed
2) Manner in which deposition is prepared, signed,
certified, sealed, indorse, transmitted, filed or otherwise
dealt with by the officer
Refusal to comply with Modes of Discovery
1. Refusal to answer
WHAT : (1) Upon oral examination; (2)
Any interrogatory under Rule 23/25
WHO : (1) Party; (2) Deponent
ACTIONS TAKEN:
1. Examination may be (1) completed
on other matters OR (2) adjourn
o As the proponent of the question
may prefer
2. Proponent apply for an order to
compel an answer
o WHERE : Court of the place where
the deposition is being taken
3. If granted, require to pay reasonable
expenses incurred in obtaining the
order
o WHO : (1) Refusing party; (2)
Deponent; (3) Counsel advising the
refusal; (4) Both (1)/(2) and (3)
o Including attorney’s fees
4. If denied and filed without
substantial justification, require to
pay reasonable expenses incurred in
opposing the application
o WHO : (1) Proponent; (2) Counsel
advising the filing of the
application; (3) Both of them
o Including attorney’s fees
2. Contempt of court
Grounds:
1. Refuses to be sworn
2. Refuses to answer any question after
being directed to do so by the court
in which deposition is being taken
Expenses and attorney’s fees are
not to be imposed upon the
Republic of the Philippines.
3. Other consequences
WHO: (1) Any party; (2) Officer; (3) Managing agent
Refused to obey the following orders:
1. Order requiring him to answer designated questions
2. Order to produce any thing for inspection, copying, or
photographing
3. Order to permit inspection, copying, or photographing any thing
4. Order to permit entry upon land or other property
5. Order requiring him to submit to a physical or mental examination
The court may order that:
1. Matters regarding which the questions were asked, or the
character of the land or the thing, or the physical and mental
condition of the party be taken to be established;
2. Disallowance of the disobedient party’s claims;
3. Prohibition of the disobedient party to present evidence;
4. Striking out of the pleadings or parts thereof;
5. Staying further proceedings until order is obeyed;
6. Dismissal of the action or parts thereof;
7. Rendering judgment by default against the disobedient party; or
8. Arrest of any party or of agent
o EXCEPT order to submit to a physical or mental examination
4. Refusal to admit under R 26
REFUSED TO ADMIT:
1. Genuineness of any document
2. Truth of any matter of fact
EFFECT : Order to pay reasonable expenses incurred by the other
party, including attorney’s fees
o UNLESS (1) good reasons for the denial; or (2) admissions sought
were of no substantial importance
5. Failure of party to attend or serve answers willfully
WHO : (1) Party; (2) Officer; (3) Managing agent
HOW : On motion and notice
EFFECT :
1. Strike out all or any part of any pleading of that party
2. Dismiss the action/proceeding/any part thereof
3. Enter judgment by default against that party
4. Order to pay reasonable expenses incurred by the other party,
including attorney’s fees
 GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
DEFAULT
Upon motion of claiming party +
Notice to defendiant + Proof of failure
to answer
Kinds:
1. General order of default
2. “As in default” – failure to appear
during pre-trial
Order of default : Still entitled to
notice of subsequent proceedings
Remedy for Order of Default:
o Motion to set aside (FAME +
Meritorious defense + Under oath)
Judgment in default : Grant claimant
such relief as his pleading may warrant
UNLESS the court in its discretion
require claimant to present evidence.
Remedies for Judgment in Default:
1. Appeal
2. Motion for New Trial
3. Petition for relief
4. Petition for Certiorari
5. Annulment of judgment
Partial Default:
o Claim states a common cause of
action against several defendants
o Try case against all upon the
answers filed by some defendants
and render judgment upon
evidence presented
Extent of relief:
o Award not exceed amount or be
different in kind from that prayed
for
o Not award unliquidated damages
No defaults allowed:
1. Annulment or declaration of nullity
of marriage
2. Legal separation
3. Summary Procedure
4. Special Civil Action EXCEPT:
interpleader, declaratory relief
JOINDER OF ISSUES
Answer
Defending party sets forth his defenses
When:
o Natural: 15 days after service of summons
o Juridical: 30 days after receipt of
summons
Counterclaim (CC)
Any claim which a defending party may
have against an opposing party.
Kinds:
1. Compulsory
o Within jurisdiction of the court as to the
amount and nature
o Arises out of or is connected with the
transaction or occurrence constituting the
subject matter of opposing party’s claim
o Not require for its adjudication the
presence of third parties of whom the
court cannot acquire jurisdiction
2. Permissive
Must pay docket fees, regardless if
permissive or compulsory
Cross claim (XC)
Any claim by one party against a co-party
arising out of the transaction or occurrence
that is the subject matter either of the
original action or of a counterclaim
Must pay docket fees
Omitted CC or XC
Grounds : (1) oversight, (2) inadvertence,
(3) excusable neglect, (4) when justice
requires
By leave of court
By amendment before judgment
Third party claim
Filed by defending party against a person
not a party to the action for contribution,
indemnity, subrogation, or any relief, in
respect of opponent’s claim
With leave of court
Must pay docket fees
Objections (R 9, S 1 & 2)
GR: Defenses and objections not pleaded
Defenses either in a motion to dismiss or an answer
Kinds: are deemed waived.
1. Negative EX: (1) No jurisdiction over the subject
o Specific denial of the material matter, (2) Litis pendentia, (3) Res judicata,
fact/s alleged in the pleading of (4) Statute of limitations
the claimant essential to his A compulsory counterclaim or cross claim
cause/s of action not set up shall be barred.
2. Affirmative
o Allegation of a new matter Lis Pendens (R 13, S 14)
which, while hypothetically A notice of a pendency of the action
admitting the material between the parties involving title to or right
allegations in the pleading of the of possession over real property
claimant, would nevertheless Covers only property subject of litigation
prevent or bar recovery by him Requisites:
o Grounds : 1. Action affects the TITLE or the right of
1) Fraud possession of the real property;
2) Statute of limitations 2. AFFIRMATIVE RELIEF is claimed;
3) Release 3. NOTICE shall contain the name of the
4) Payment parties and the object of the action or
5) Illegality defense an a description of the property
6) Statute of frauds affected thereby; and
7) Estoppel 4. Action in rem.
8) Former recovery When: (1) Upon the filing of the complaint
9) Discharge in bankruptcy or the filing of the answer, or (2) any time
10) Any other matter by way of afterwards.
confession and avoidance Any purchaser or encumbrancer of the
11) Grounds for Motion to Dismiss property affected shall be bound or deemed
Kinds of denials: to have constructive notice of the same.
1. Partial denial Grounds for cancellation:
o Defendant denies only a part of 1. The notice is for the purpose of molesting
the averment and specify so the adverse party; or
much of it as is true and material 2. It s not necessary to protect the rights of
2. Absolute denial
the party who caused it to be recorded.
o Defendant specifies each
material allegation of fact the
Dismissal upon motion of plaintiff (R17, S2)
truth of which he does not admit,
o Whenever practicable, defendant Needs approval of the court
sets forth the substance of the Dismissal without prejudice
matters upon which he relies to Dismissal limited to the complaint if a
support his denial counterclaim is pleaded by defendant prior
3. Denial by disavowal of knowledge to service upon him of plaintiff’s motion for
o Defendant is without knowledge dismissal
or information sufficient to form Defendant can prosecute his counterclaim:
a belief as to the truth of a 1. Separate action,
material averment made in the 2. Same action (if within 15 days from notice
of motion he manifests his preference)
complaint
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011 GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Judgment on the pleadings
AFTER ANSWER IS FILED Grounds: VENUE
1. Answer fails to tender an issue
2. Admits the material allegations of the adverse REAL ACTION PERSONAL ACTION
Reply party’s pleading Affects title to or possession of Personal property is sought to be
Denies or allege facts in denial or avoidance of new Always full judgment real property, or interest therein recovered or where damages for
matters alleged by way of defense in the answer When : At least 3 days before the hearing breach of contract are sought
When: Within 10 days from service of pleading Can be rendered motu proprio during pre-trial;
responded to Always on motion of the party during trial Founded on the privity of real Founded on privity of contract
estate
Answer to counterclaim or cross claim
Summary judgment Filed in the court where the Filed in the court where
When: Within 10 days from service of pleading
Ground : Issues apparently exist or specific property or any part thereof is 1. Plaintiff or any principal
denials or affirmative defenses are in truth set out situated plaintiff resides,
Bring new parties in the answer but the issues thus arising from the
When the presence of parties other than those to 2. Defendant or any of the
pleadings are sham, fictitious or not genuine, as principal defendant resides, or
the original action is required for the granting of shown by affidavits, depositions, or admissions
complete relief in the determination of the CC or XC 3. Where he may be found
o No genuine issue as to any material fact (nonresident defendant)
If jurisdiction can be obtained over the party EXCEPT as to amount of damages, and AT THE OPTION OF THE PLAINTIFF
o Moving party entitled to judgment as a matter
Amendment by leave of court of law If nonresident defendant and Venue is procedural, not
Upon (1) Motion of the party, (2) Notice to adverse When : At least 10 days before the hearing cannot be found in the jurisdictional.
party, (3) Opportunity to be heard File opposing affidavits, depositions or admissions Philippines: Rule on venue not applicable:
Purpose: (1) Add/strike out allegation or name of : At least 3 days before hearing o Action affects (1) personal 1. Specific rule or law provides
party, (2) Correct a mistake in name, allegation or Can be full or partial judgment status of plaintiff, or (2) any otherwise
description Cannot be rendered motu proprio property of defendant 2. By agreement of parties
Substantial amendments only by leave of court Filed affidavits in bad faith or solely for delay: located in the Philippines (stipulated venue)
o Denied if only made with intent to delay 1. Order to pay other party the amount of o File (1) Plaintiff resides, or Waiver of venue:
Answer within 10 days from notice of the order reasonable expenses incurred (2) Where property or any 1. Failure to object via MTC;
admitting the same 2. Contempt portion is situated 2. Affirmative relief is sought;
Stipulations on venue: 3. Voluntary submission;
1. In writing; 4. Laches.
2. Made before the filing of the GR: Cannot be dismissed motu
action; and proprio.
3. Exclusive as to the venue. EX : Summary Procedure
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
PRE-TRIAL
Pre-Trial Brief
Plaintiff move ex parte to Contents: Preliminary Conference
set for pre-trial 1. Statement of willingness to enter into an At the start, refer parties and/or
At least 3
conference amicable settlement or to ADR counsel to PMC mediation unit
Within 5 days from filing days
2. Summary of admitted facts & proposed Duties of Branch COC:
of reply or after last before stipulation of facts
pre-trial 1. Assist in reaching a settlement
pleading has been served 3. Issues to be tried
and filed. 4. Documents/exhibits to presented 2. Mark documents/exhibits
If plaintiff fails, Branch o Only evidence pre-marked during the 3. Consider such other matters as
COC issue a notice of pre- pre-trial will be allowed to be offered may aid in its disposition
trial during the trial 4. Ascertain undisputed facts and
o Serve on counsel, or EXCEPT Good cause admissions on the genuineness
on party who has no 5. Manifestation to avail mode of discovery
or referral to commissioners
& due execution of documents
counsel Both parties and/or counsel
6. Number and names of witnesses,
substance of testimony & # of hours must sign Minutes of
Issue Pre-Trial Order Must be strictly complied with Preliminary Conference
May dictate it in open Failure to file has same effect as failure to Duties of Judge:
court in the presence of appear at the pre-trial.
1. Study all the pleadings
the parties and counsel
2. Determine the issues
Signed by parties and/or
If mediation fails, schedule continuance 3. Not terminate case even if
counsel
of pre-trial conference. parties manifest that they
cannot settle the case
Within 10 days Duties of Trial Judge
1.Adopt the minutes of preliminary conference and confirm 4. Endeavor to persuade parties
after termination
of pre-trial markings of the exhibits. to arrive at a settlement
2.Order consolidation if there are cases arising out of same facts
3.Order amendment if pleadings are not in order.
Pre-trial is mandatory. 4.Resolve interlocutory issues.
Non-appearance 5.Scrutinize every single allegation of the complaint and other
excused only if: pleadings. Judge confer with the
1. Valid cause 6.Define and simplify factual and legal issues arising from parties
2. Authorized pleadings. If no amicable
representative 7.Determine propriety of rendering a summary judgment or settlement, confer with
o Enter into amicable judgment on the pleadings. If all
settlement
parties and opposing
o Submit to ADR
8.Agree on specific trial dates. efforts to counsel to consider
o Enter into One Day Examination of Witness Rule settle fail manner of compromise
stipulations or Last day of hearing, (1) make formal offer of evidence after based on the evidence
admissions presentation of last witness; and (2) opposing party presented.
Effect of failure to immediately interpose his objections. If not successful, confer
appear 1.Determine most important witnesses to be heard. with party and counsel
o Plaintiff: Dismiss 2.Order parties to use affidavits of witnesses as direct separately.
action with prejudice testimonies.
o Defendant: Allow
If manner of compromise
plaintiff to present
Subject to cross examination is not successful, confer
his evidence ex parte 11. Submit to COC names, addresses & contact # of witnesses with parties without
and court to render 12. Order delegation of reception of evidence to COC counsel.
judgment 13. Refer case to trial by commissioner
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
TRIAL
Notice of Trial
WHEN : Upon entry of a case in the trial calendar
In such manner as shall ensure receipt of the party at least 5 days before date of trial
Adjournment
From day to day and to any stated time
Cannot adjourn a trial for a longer period
than 1 month for each adjournment and
more than 3 months in all
o EXCEPT authorized in writing by the SC
Court Administrator
Agreed statement of facts
o WHO : Parties to any action
o WHAT : Upon facts involved in the
litigation
o EFFECTS :
1. Submit the case for judgment on the
facts agreed upon, without the
introduction of evidence
2. If agree only on some of the facts in
issue, trial held as to the disputed
facts in such order as the court
prescribe.
o FORM:
1. In writing, or
2. Verbally in open court
Judge to receive evidence
o WHO : Court where case is pending
o WHAT : Evidence to be adduced by
the parties
Delegation to clerk of court
o Grounds:
1) In default
2) Ex parte hearings
3) In any case where the parties agree in
writing
o COC must be a member of the bar
o No power to rule on objections
To any admission, or to the
admission of exhibits
Objections resolved by the court
upon submission of his report and
transcripts within 10 days from
termination of hearing
Order of Trial
Limited to issues stated in the pre-
trial order
Procedure:
1. Plaintiff adduce evidence
2. Defendant adduce evidence
3. Third-party defendant adduce
evidence, if any
4. Parties against whom any CC or XC
has been pleaded adduce evidence
o In the order to be prescribed by
the court
5. Adduce rebutting evidence only
o UNLESS good reasons + in
furtherance of justice, permit to
adduce evidence upon the
original case
6. Deemed submitted for decision
o WHEN : Upon admission of evidence
o UNLESS directed to (1) argue; or
(2) submit respective memoranda
or any further pleadings
Several defendants + Separate
defenses + Appear by different
counsel = Court determine the relative
order of presentation of their
evidence
Amendment to conform to the evidence
ACT: (1) To conform to the evidence, and
(2) to raise issues raised in the pleadings
GROUNDS :
1. When issues not raised by the pleadings
are tried with the consent of the parties
2. Evidence is objected to at the trial that it
is not within the issues made by the
pleadings
BY WHOM : Any party
WHEN : Any time even after judgment
HOW: By motion
Failure to amend does not affect result of
the trial of these issues
Court may grant continuance
Motion for Postponement
Grounds:
1. Absence of evidence
By affidavit
1) Showing materiality or relevancy of
such evidence
2) Due diligence has been used to
procure it
If the adverse party admits the facts to
be given in evidence, the trial shall not
be postponed.
o Even if he objects/reserves the right
to object to their admissibility
2. Illness of party or counsel
By affidavit or sworn certification
1) Presence of P/C at the trial is
indispensable
2) Character of P/C’s illness is such as to
render his non-attendance excusable
Consolidation
Applies to (1) actions involving common
questions of law or fact pending before the
same judge, and (2) special proceedings
Case which was appealed later and
bearing the higher docket number is
consolidated with the case having the
lower docket number
GR: The consolidation of several cases
involving the same parties and subject
matter is discretionary with the trial court.
EX: Consolidation becomes a matter of
duty if (1) two or more cases are tried
before the same judge or, (2) filed with
different branches of the RTC, one of such
cases has not been partially tried.
Demurrer to Evidence
WHEN : After plaintiff has completed the
presentation of his evidence (and have
formally offered his evidence(
GROUND : Upon the facts and law the
plaintiff has shown no right to relief
If denied, right to present evidence
If granted but on appeal reversed, deemed
waived right to present evidence
Trial by Commissioner (Cm)
Reference to Cm:
1. By consent
o Written consent of both parties
o Irregularity in appointment must be raised in
trial court; otherwise, waived.
2. By motion or Motu Proprio
o Situations covered:
1) Trial of an issue of fact requires examination of a
long account
Cm hear and report upon the whole issue/any
specific question involved
2) Taking of account is necessary
For the information of the court before
judgment
For carrying a judgment into effect
3) Question of fact, other than upon the pleadings,
arises upon motion or otherwise, in any stage of
the case
4) Question of fact, other than upon the pleadings,
for carrying a judgment or order into effect
Order of reference may specify or limit the powers
of the Cm.
Powers of Cm:
1. Report only upon particular issues, or to do or
perform particular acts, or to receive and report
evidence only;
2. Exercise the power to regulate the proceedings in
every hearing before him and to do all acts and
take all measures necessary or proper for the
efficient performance of his duties;
3. Issue subpoena & subpoena duces tecum;
4. Swear witnesses; and
5. Rule upon the admissibility of evidence
o Unless otherwise provided in the order of
reference
First meeting of parties or their counsels
o Within 10 days after date of reference
o Cm must notify parties or their counsel
o Failure to appear : (1) proceed ex parte; (2)
adjourn to a future day (w/ notice)
Order to expedite proceedings & to make report
o On notice to parties and Cm
Report of Cm:
o WHEN : Upon completion of trial/hearing
o Set forth findings of fact & conclusions of law
o Attach all exhibits, depositions, papers, and the
transcript of testimonial evidence
o Upon filing of report, notify parties by clerk
Object within 10 days
o Upon expiration of 10-day period, report set for
hearing : (1) adopt; (2) modify; (3) reject; (4)
recommit w/ instructions; or (5) require parties
to produce further evidence
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
JUDGMENT
Final Order
When it determines the merits of the case
and finally disposes of the pending action so
that nothing more can be done with it in the
lower court
FORM:
1. In writing
2. Personally & directly prepared by a judge
3. State clearly and distinctly the facts and
the law on which it is based
4. Signed by the judge
5. Filed with the clerk of court
Date of finality is date of its entry
Rendition
HOW : By filing of the signed decision with
the clerk of court
If the decision is sent by the judge by
registered mail, it is considered filed in court
as of the date of its receipt by the clerk.
Promulgation
It is the process by which a decision is
published, officially announced, made
known to the public or delivered to the Clerk
of Court for filing, coupled with notice to the
parties or their counsel.
Several Judgment
Action must be against several defendants
Where the liability of each party is clearly
separable and distinct from that of his co-
parties such that the claims against each of
them could have been the subject of
separate suits, & judgment for or against one
of them will not necessarily affect the others
Judgment rendered against one or more of
the parties, leaving the action to proceed
against the others
Judgment Upon a Confession
Rendered by the court when a party
expressly agrees to the other party’s claim or
acknowledges the validity of the claim
against him
Modification of Judgment
GR: Before the lapse of the period to
appeal, the judge can change the
judgment, or even make a new one. A
decision that has acquired finality
becomes immutable and unalterable.
(Doctrine of Conclusiveness or
Immutability of Judgments)
EX:
1. Correction of clerical errors
2. Nunc pro tunc entries
3. Void judgments
4. Whenever circumstances transpire
after the finality of the decision
making its execution unjust and
inequitable.
Entry of Judgment
WHEN : No appeal, MNT, or MR if filed
within the prescribed time
WHERE : Book of entries of judgments
Contents of record:
1. Dispositive part of judgment/order
2. Signed by the clerk
3. With a certificate that such judgment
or order has become final and
executory
Judgment Upon a Compromise
Rendered by the court on the basis of a
compromise agreement entered into
between the parties to the action.
Clarificatory Judgment
Where the judgment is ambiguous and
difficult to comply with
Judgment Pro Tunc
Rendered to enter or record such
judgment as had been formerly rendered
but has not been entered as thus
rendered
Void Judgment
If a decision is void, it has no legal effect
at all. EXCEPT Doctrine of operative facts
Conditional Judgment
The effectivity of which depends upon the
occurrence or the non-occurrence of an
event; It is void.
Sin Perjuicio Judgment
One that makes reservation in favor of
some parties as to the right to do something
in a separate and further proceedings. It is
not a binding one.
Incomplete Judgment
One that does not dispose of all the issues
of a case validly raised. It is not final until it is
completed.
Judgment on the Merits
When it amounts to a legal declaration of
the respective rights and duties of the
parties, based upon the disclosed facts
Erroneous Judgment
A judgment contrary to the express
provisions of law is erroneous but it is not
void. Once it becomes final and executor, it
is binding and effective as any judgment and,
though erroneous, will be enforced as a valid
judgment in accordance with its dispositions.
Separate Judgment
Presupposes that there are several claims
for relief presented in a single action
WHEN : Any stage
o Upon a determination of the issues
material to a particular claim and all CC
arising out of the transaction or
occurrence which is the subject matter
of the claim
May stay its enforcement
o Until rendition of subsequent judgment
o Prescribe conditions as may be
necessary to secure the benefit of party
in whose favor judgment is rendered
Judgment against entity w/o juridical personality
Set out their individual/proper names, if known
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
BEFORE FINALITY
Common Provisions for MNT or MR
WHEN FILED : Within 15 days from notice
of judgment or order
WHEN RESOLVED : Within 30 days from
time motion is submitted for resolution
FILED BY : Aggrieved party
Contents:
1. In writing
2. State ground/s
3. Served by movant on adverse party
Pro Forma motion shall not toll
reglementary period of appeal
Actions of the court:
1. Set aside judgment or order and grant a
new trial
2. Deny the motion
3. Amend judgment or order
o Court finds that (1) excessive damages
have been awarded, or (2) judgment
or order is contrary to evidence or law
Partial MNT or MR
o Grounds affect the issues as to:
1) Only a part or less than all of the
matter in controversy
2) Only one or less than all of the parties
to it
o Order new trial/grant reconsideration
as to such issues if severable
Without interfering with judgment
or order upon the rest
Denial of MNT or MR:
o Order is not appealable
o Appeal from judgment or final order
Motion for Reopening Trial
Presented only after either or both parties have
formally offered and closed their evidence before
judgment.
It is controlled by no other rule than the
paramount interest of justice, resting entirely on
the sound discretion of a court.
Motion for Reconsideration
Grounds:
1. Damages awarded are excessive
2. Insufficiency of evidence
3. Decision is contrary to law
Pro Forma Motion
o Where a MR is but a reiteration of reasons
and arguments previously set forth in the
movant’s memorandum and which the trial
court had already considered, weighed and
resolved adversely before it rendered its
decision now sought to be considered
GR: Second MR is not allowed.
EX:
1. For extraordinarily persuasive reasons and
only upon express leave first obtained
2. Meritorious on its face
3. Substantial justice
Contents:
1. Point out specifically the findings or
conclusions of judgment or order which are
o Not supported by evidence
o Contrary to law
2. Make express reference to testimonial or
documentary evidence or to provisions of law
alleged to be contrary to findings
Motion for New Trial
Grounds:
1. Fraud, accident, mistake or excusable
negligence
o Ordinary prudence could not have guarded
against
o Probably impair the rights of an aggrieved
party
o Supported by affidavits of merits
2. Newly discovered evidence
o Could not discover and produce at the trial
with reasonable diligence
o If presented, would probably alter the result
o Supported by (1) affidavits of witnesses by
whom such evidence is expected to be given;
or (2) duly authenticated documents which
are proposed to be introduced in evidence
Pro Forma Motion
o If a motion for new trial does not satisfy the
requirements of this rule, it is pro forma and
does not suspend the period to appeal.
Second MNT
o Where the ground was not available or
existing at the time when the first motion
was filed
o Filed within the time provided excluding the
time during which the first motion had been
pending
If MNT is granted
o Original judgment or order shall be vacated
o Action stand for trial de novo
o Recorded evidence taken upon former trial
shall be used at the new trial without
retaking the same
If material & competent to establish issues
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
APPEALS Petition for Review
Kinds:
Appeal
Notice of Appeal
Reglementary Period
Within 15 days from notice of
Ordinary Appeal 1. Petition for Review under Rule 42
the judgment or final order
Kinds: o File within 15 days from notice of judgment
appealed from
1. Notice of Appeal o Appeal stay judgment EXCEPT SumPro
Notice of Appeal and Record Within 30 days from notice of
o Filed in the court that rendered judgment UNLESS law provides otherwise
o Contents: 2. Petition for Review under Rule 43 of Appeal judgment or final order
1) Parties (Appellant, Appellee) o File within 15 days from (1) notice of judgment, (2) appealed from
2) Judgment or order appealed from from last publication, or (3) denial of MNT/MR Appeal in habeas corpus Within 48 hours from notice
3) Material dates o Only 1 MR is allowed. of judgment or final order
2. Record of Appeal o Findings of fact must be supported by substantial appealed from
o Required only in (1) special proceedings; and (2) multiple appeals evidence in order to bind CA. Appeal in amparo cases Within 5 working days from
o Contents: o Appeal not stay judgment UNLESS for just terms the date of notice of the
1) Full names of all parties (caption) Courts: adverse judgment
2) Judgment or order appealed from o MTC RTC CA Appeal in habeas data Within 5 working days from
3) Copies of pleadings, related to appealed judgment for the proper o QJA CA the date of notice of the
understanding of the issue Requirements: adverse judgment
In chronological order 1. Verified Custody of minors and writ of Within 15 days from notice of
4) Data showing appeal perfected on time 2. Pay docket and other lawful fees habeas corpus in relation to the denial of the MR/MNT
5) Include by reference all evidence taken 3. Deposit 500php for costs
custody of minors
If issue of fact is raised on appeal 4. Filed in 7 legible copies
Annulment of voidable Within 15 days from notice of
Specify documentary evidence by exhibit numbers of letters by o Original copy intended for the court
o Contents: (1) Full names of parties, without marriages, declaration of the denial of the MR/MNT
which it was identified
Specify testimonial evidence by names of corresponding impleading lower courts or judges; (2) Material absolute nullity of void
witnesses dates; (3) Concise statement of matters involved, marriages, and legal
If whole evidence is used, statement to that effect would be issues raised, specification of errors, arguments separation
sufficient. relief upon; (4) Clearly legible duplicate originals or
6) Subject index (if exceed 20 pages) true copies of judgments of both lower courts MTC to RTC
Courts: (Certified correct by COC of RTC); (5) CNFS Both Civil and File appellant’s brief within 15 days
o MTC RTC (Within territorial jurisdiction) May grant additional extension of 15 days only. Criminal Cases from receipt of the notice of the clerk of
f o No further extension UNLESS for most compelling court
o RTC CA reason and not exceed 15 days. File appellee’s brief within 15 days from
Title remain as it was in the court of origin Fail to comply with requirements : Dismiss appeal
receipt of the appelllant’s brief
Period of appeal interrupted by MR or MNT. Comment: of Respondent:
RTC to CA
No motion for extension to file MNT or MR. o Filed in 7 legible copies
Where both parties are appellants, they may file a joint record on o Accompanied by certified true copies of such Civil Cases File appellant’s brief within 45 days
appeal. material portions of record and supporting papers from receipt of notice of the clerk of
Perfection of appeal: o Contents: (1) W/N he accepts statement of matters; court
o Notice : Upon filing of notice of appeal in due time (2) Point out insufficiencies or inaccuracies but File appellee’s brief within 45 days from
o Record : Upon approval of record on appeal filed in due time without repetition; (3) Reasons why should not be receipt of the appellant’s brief
With respect to subject matter given due course, Criminal Cases File appellant’s brief within 30 days
Court loses jurisdiction Perfection of appeal : Upon timely filing the petition and from receipt of the notice of the clerk of
o Notice : Upon perfection of appeal in due time and expiration of payment of docket and other lawful fees court
time to appeal of other parties RTC lose jurisdiction upon perfection of appeal and File appellee’s brief within 30 days from
o Record : Upon approval of record on appeal filed in due time and expiration of time to appeal.
receipt of the appellant’s brief
expiration of time to appeal of other parties
Only over the subject matter Rules on Appeal from the Judgments of the RTC
If efforts to complete the records fail, COC indicate in his letter of
Original Jurisdiction
transmittal : (1) exhibits/transcripts not included; (2) Reasons for non-
transmittal; (3) Steps taken or could be taken to have them available. 1. To the CA Questions of fact or mixed questions of Notice of Appeal; (Record on Appeal only in
Documents transmitted with record on appeal : (1) proof of payment of fact and law specpro and multiple appeals)
docket and lawful fees; (2) certified copy of the Minutes; (3) order of 1. To the SC Questions of law Petition for review on certiorari under Rule 45
approval; (4) certificate of correctness; (5) original documentary evidence;
(6) original and 3 copies of transcripts Appellate Jurisdiction Questions of fact, of law, or mixed Petition for review under Rule 42
questions of fact and law
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
APPEALS
Petition for Review on Certiorari (SC)
WHEN : Within 15 days from (1) notice
of judgment appealed from, or (2)
denial of MNT/MR filed in due time
Requirements:
1. Verified
2. Only questions of law are raised
3. May include application for provrem
o By verified motion at any time
during the proceedings
4. Pay docket and other lawful fees
5. Deposit 500php for costs
6. Proof of service on lower court and
adverse party
7. Filed in 18 copies
o Original copy intended for SC
May grant extension of 30 days only
o On motion duly filed and served
o With full payment of docket and
other lawful fees
o Deposit for costs before expiration
of reglementary period
o Only for justifiable reasons
GR: Applicable to crim and civ cases
EX: Penalty imposed is death,
reclusion perpetua or life imprisonment
Petition for Review on Certiorari (R 45)
Mode of appeal
Continuation of the appellate process
over the original case
Seeks to review final judgments or final
orders
Questions of law
Filed within 15 days from notice of
judgment or final order appealed from
Not require a prior MR
Stays the judgment appealed from
Parties are the original parties with the
appealing party as the petitioner and the
adverse party as respondent without
impleading the lower court or its judge
Filed with SC
Contents of petition:
1. Full names of parties, without
impleading lower courts or judges
2. Material dates
3. Concise statement of matters
involved and reasons or arguments
relied upon
4. Clearly legible duplicate original or
certified true copy of judgment
o Certified by COC a quo
o Requisite number of plain copies
o Material portions of the record
5. CNFS
Fail to comply with any of the
requirements : Dismiss appeal
o Grounds for denial motu proprio:
(1) Without merit; (2) Prosecuted
manifestly for delay; (3) Questions
raised are too unsubstantial
Review is not a matter of right, but of
sound discretion.
o Granted only when there are
special and important reasons
If given due course, elevate complete
records of the case or specified parts
within 15 days from notice.
Petition for Certiorari (R 65)
Special civil action
Independent action
May be directed against an interlocutory
order or matters where no appeal may
be taken from
Questions of jurisdiction
Filed not later than 60 days from notice
of judgment, order or resolution, or from
notice of denial of MR
Prior MR is required
Does not stay the judgment or order
subject of the petition unless enjoined or
restrained
Parties are the aggrieved party against
the lower court or quasi-judicial agency
and the prevailing parties
Filed with RTC, CA, SC
Ordinary Appealed Cases
Completion of record:
o COC inform CA and recommend measures
necessary to complete the record
CA takes appropriate action towards
completion of record within the shortest
possible time
o Where completion could not be accomplished
within a sufficient period
Due to insuperable or extremely difficult causes
Motu Proprio or Motion of any party
Declare record and accompanying transcripts
and exhibits sufficient
Issue order explaining reason
File memoranda (instead of briefs)
o Cases : (1) Certiorari; (2) Prohibition; (3)
Mandamus; (4) Quo warranto; (5) Habeas Corpus
o WHEN: Within a non-extendible period of 30 days
from receipt of notice
GR: No extension to file briefs.
EX : Good and sufficient cause + Motion filed before
expiration of time sought to be extended
Contents of Appellant’s brief:
1. Subject index (*Same with Appellee’s brief)
o With digest of arguments and page references
o Table of cases alphabetically arranged
o Textbooks & statutes with references to pages
where they are cited
2. Assignment of errors
o Stated separately, distinctly & concisely
o Without repetition & numbered consecutively
3. Statement of the case
o Clear and concise statement of (1) nature of the
action; (2) summary of the proceedings; (3)
appealed rulings and order; (4) nature of
judgment; (5) any other necessary matters
o With page references to the record
4. Statement of facts (*Same with Appellee’s brief)
o Clear & concise statement in narrative form
1) Of the facts admitted by both parties
2) Of the facts in controversy
o With substance of proof relating thereto in
sufficient detail
o With page references to the record
5. Clear & concise statement of issues of fact/law
6. Argument on each assignment of error (*Same with
Appellee’s brief)
o With page references to the record
o Authorities relied upon cited by (1) page of report
at which case begins, and (2) page of report on
which citation is found
7. Relief
8. Copy of judgment/order appealed from (appendix)
o Not brought up by record on appeal
Original Cases filed in the CA
Parties : Petitioner, Respondent
Cases covered: (1) Certiorari; (2)
Prohibition; (3) Mandamus; (4) Quo
Warranto; (5) Annulment of Judgment
Contents of the petition:
1. Full names and addresses of all parties
2. Concise statement of matters involved
3. Factual background of the case
4. Grounds relied upon
5. Material dates(For actions filed under R65)
6. CNFS
Filed in 7 clearly legible copies
o With proof of service on respondent
o Original copy intended for the court
o Accompanied by clearly legible duplicate
original or certified true copy of judgment
Material portions of the record
Other relevant documents
Other requisite number of copies of the
petition accompanied by clearly legible plain
copies of all documents attached to original
Pay docket and other lawful fees, and
deposit 500php for costs
Fail to comply with any of the requirements :
Dismiss appeal
Jurisdiction over person of Respondent:
1. Service of order indicating initial action on the
petition
2. Voluntary submission
Action of the court : (1) Dismiss outright with
specific reasons; or (2) Require respondent to
file comment within 10 days from notice
o Fail to file comment : (1) Decide case on
the basis of the record; (2) Disciplinary
action against disobedient party
Only pleadings required by CA are allowed. All
other pleadings filed only with leave of court.
Determination of factual issues : (1) Conduct
hearings; or (2) Delegate reception of evidence
Supreme Court
Original cases : (1) Certiorari; (2) Prohibition;
(3) Mandamus; (4) Quo warranto; (5) Habeas
corpus; (5) Disciplinary proceedings against
member of the Bar; (6) Cases affecting
ambassadors, other public ministers and consuls
File 18 clearly legible copies with proof of
service on adverse parties
Only by Petition for Review on Certiorari.
EXCEPT Penalty imposed is death, reclusion
perpetua or life imprisonment (Notice of appeal)
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
APPEALS
Preliminary Conference
WHEN : Any time during pendency of a case
WHO : Parties and counsels
Contents:
1. Consider the possibility of an amicable settlement
o EXCEPT when the case is not allowed by the law to
be compromised
2. Define, simplify and clarify the issues for determination
3. Formulate stipulations of facts and admissions of
documentary exhibits, limit the number of witnesses to
be presented in cases falling
o Within the original jurisdiction of the court, or
o Within its appellate jurisdiction where an MNT is
granted on the ground of newly discovered evidence
4. Take up such other matters which may aid the court in
the prompt disposition of the case
Record of the conference:
o All the actions taken
o Stipulations and admissions made
o Issues defined
Within 5 days from resolution, any party shall show valid
cause why it should not be followed.
Motion for Reconsideration
WHEN FILED : Within 15 days from notice
WHEN RESOLVED : Within 90 days from date when the
court declares it submitted for resolution
With proof of service on adverse party
No second MR by the same party is permitted.
Stays execution of judgment UNLESS for good reasons
Motion for New Trial
WHEN FILED : Anytime after appeal for lower court has
been perfected and before CA loses jurisdiction
WHEN RESOLVED : Within 30 days from time motion is
submitted for resolution
Ground : Newly Discovered Evidence [NDE]
o Could not discover and produce prior to the trial with
reasonable diligence
o If presented, would probably alter the result
o Accompanied by affidavits showing facts constituting
the grounds and NDE
Action of the court: (1) Grant; (2) Refuse; (3) Order
taking of further testimony (with notice to both; either
orally or depositions); (4) Render judgment on just terms
Dismissal of Appeal
Grounds (CA):
1. Failure of the record on appeal to show on
its face that the appeal was taken within the
period fixed;
2. Failure to file the notice of appeal or the
record on appeal within the period
prescribed by these Rules;
3. Failure of the appellant to pay the docket
and other lawful fees;
4. Unauthorized alterations, omissions or
additions in the approved record on
appeals;
5. Failure of the appellant to serve and file the
required number of copies of his brief or
memorandum within the time provided;
6. Absence of specific assignment of errors in
the appellant’s brief, or of page references
to the record;
7. Failure of the appellant to take the
necessary steps for the correction or
completion of the record within the time
limited by the court in its order;
8. Failure of the appellant to appear at the
preliminary conference or to comply with
orders, circulars, or directives of the court
without justifiable cause; and
9. Fact that the order or judgment appealed
from is not appealable
10. By agreement of the parties;
11. Appealed case has become moot or
academic;
12. Appeal is frivolous or dilatory.
Grounds (SC):
1. Failure to take the appeal within the
reglementary period;
2. Lack of merit in the petition;
3. Failure to pay the requisite docket fee and
other lawful fees or to make a deposit for
costs;
4. Failure to comply with the requirements
requiring proof of service and contents of
and the documents which should
accompany the petition;
5. Failure to comply with any circular, directive
or order of the SC without justifiable cause;
6. Error in the choice or mode of appeal; and
7. Case is not appealable to the SC
Order/Judgment Not Appealable Remedy
Order denying petition for relief Petition for Certiorari or
or any similar motion seeking Prohibition under Rule 65
relief from judgment
Interlocutory order Rule 65
Order disallowing or dismissing an 1. Certiorari
appeal 2. Petition for Relief
Order denying a motion to set 1. Petition for Relief
aside a judgment by consent, 2. Action to annul judgment
confession or compromise on the 3. Petition for certiorari
ground of fraud, mistake or
duress, or any other ground
vitiating consent
Order of execution Petition for Certiorari
Judgment or final order for or 1. Wait for the decision in the
against one or more several entire case then appeal
parties or in separate claims, 2. May allow a separate appeal
counterclaims, cross-claims, and
third-party claims, while the main
case is pending
Order dismissing an action 1. Refile his complaint
without prejudice 2. Petition for Certiorari
COMMON RULES FOR APPEALS:
Neypes Rule : If the motion is denied, the movant has a “fresh
period” of 15 days from receipt of notice of the order denying or
dismissing the MR/MNT within which to file a notice of appeal.
The perfection of an appeal in the manner and within the period
prescribed by law is not only mandatory but jurisdictional.
Payment in full of the docket fee within the prescribed period is
mandatory.
o Failure to pay allows only discretionary dismissal, not
automatic dismissal, of the appeal.
o Such power to dismiss should be used in the exercise of the
court’s sound discretion in accordance with the tenets of
justice and fair play and with great deal of circumspection
considering all attendant circumstances.
An appeal may be withdrawn as a matter of right at any time
before the filing of the appellee’s brief. Thereafter, the withdrawal
may be allowed in the discretion of the court.
A party who did not appeal from a decision of a court cannot
obtain affirmative relief other than that granted in the appealed
decision.
Material Date Rule: When (1) Notice of the judgment, final or
order subject of the petition was received; (2) MNT or MR, if any,
was filed; and (3) Notice of the denial of MNT/MR was received.
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
APPEALS
Procedure in RTC (Ordinary Appeal from MTC) Procedure in CA (Petition for Review from RTC) Procedure in CA (Ordinary Appeal from RTC)
File notice/record of appeal File petition for review File notice/record of appeal
Within 15 days from receipt of judgment Within 15 days from notice of decision, or Within 15/30 days from receipt of judgment
Serve copies of notice to adverse parties denial of MR/MNT Serve copies of notice to adverse parties
May withdraw appeal before records are Serve copy of petition on RTC & adverse party Upon filing of record on
transmitted to appellate court appeal and no objection is Amendment
filed within 5 days from Inclusion of any
Dismiss outright omitted matters
receipt of copy
COC or Branch COC of lower court transmits Grounds: deemed essential
original record or record on appeal to RTC. Within 10 1. Patently without merit Residual Jurisdiction of RTC to determination
Within 15 days from perfection of appeal days from 2. Prosecuted manifestly 1. Issue orders of protection Approval of of issue
notice for delay and preservation of rights Record on
Together with transcripts and exhibits,
3. Questions raised are of parties Appeal
certified as complete
too unsubstantial 2. Approve compromises
Copy of letter of transmittal sent to parties Appellant redraft
3. Permit appeals of
the record
Require Respondent to file comment (not MTD) indigent litigants
WHEN:
4. Order execution pending
COC of RTC notify parties Copy served on petitioner 1. Within time
appeal
Upon receipt of complete record or record limited in the
5. Allow withdrawal of
on appeal Residual Jurisdiction of RTC order;
appeal
1. Issue orders of protection and 2. Extension
preservation of rights of parties granted; or
Appellant submits memorandum 2. Approve compromises 3. Within 10 day
Dismiss motu proprio or on motion from receipt if no
Within 15 days from notice 3. Permit appeals of indigent litigants
Grounds: time fixed
Memo discuss errors imputed to lower court 4. Order execution pending appeal
1. Filed out of time Include additional
Copy of memo furnish to adverse party 5. Allow withdrawal of appeal
2. Non-payment of docket fees and matters
Fail to file : Dismiss appeal other lawful fees o in
Appeal is given due course chronological
Upon filing of comment or other pleadings, Within 30 days from perfection of appeal sequence
Appellee may file memorandum or after expiration of period COC of RTC transmits original record or
Within 15 days from receipt of appellant’s CA finds prima facie that lower court record on appeal to CA
memorandum committed an error of fact or law Duty of COC of lower court:
1. Verify correctness of original record or
Within 15
Before judgment is rendered, RTC may allow days from
record on appeal and make a certification Case submitted for
withdrawal of appeal. Case remanded to notice 2. Verify completeness of records decision
court of origin for execution. 3. If incomplete, complete records Upon filing of appellee’s
Set for oral Require Records 4. Transmit records to CA memorandum, or
Case submitted for decision arguments parties to of RTC Furnish parties with copies of transmittal expiration of period to do
Upon filing of appellee’s memorandum, or submit may be so
memoranda elevated Decision by 3 Justices of
expiration of period to do so
Appellant files 7 copies of Appellant’s Brief a Division
Basis of RTC decision: Action : (1) Reverse; (2)
o Entire record of the proceedings in the Within 45 days from notice
Affirm; (3) Modify; (4)
court of origin 2 copies of memo furnish to adverse party, New Trial; (5) Further
Decide appeal with proof of service
o Memoranda filed proceedings
Upon the filing of last pleading or
Action : (1) Reverse; (2) Affirm; (3) Modify
memorandum, OR by court itself
By 3 Justices of a Division Appellee may file Appellee’s Brief
Action : (1) Reverse; (2) Affirm; (3) Modify; Within 45 days from receipt of appellant’s brief
(4) New Trial; (5) Further proceedings
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
APPEALS
Procedure in Ordinary Appealed Cases
Order of transmittal of record
Within 30 days after perfection of appeal
Either party may file a motion with the trial court
(with notice to the other)

COC of CA docket case & notify parties

Upon receipt of (1) original record or record on
appeal; (2) accompanying documents & exhibits; (3)
proof of payment of docket & other lawful fees

Appellant file with COC 7 clearly legible copied of

the approved record on appeal
Within 10 days from receipt of notice
Together with proof of service of 2 copies upon
appellee
Any unauthorized alteration, omission or addition
shall be a ground for dismissal.

Appellant submits Appellant’s brief

Within 45 days from notice
FORM : 7 legible copies of legibly typewritten,
mimeographed or printed brief
Proof of service of 2 copies upon appellee

Appellee may file Appellee’s brief

Within 45 days from receipt of appellant’s brief
FORM : 7 legible copies of legibly typewritten,
mimeographed or printed brief
Proof of service of 2 copies upon appellant

Appellant may file reply brief

Within 20 days from receipt of appellee’s brief
Answer points not covered in his main brief

Case submitted for decision

GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
AFTER FINALITY
Petition for Relief
Exceptional circumstances + No other remedy available
WHEN : Within 60 days after learning of judgment AND
not more than 6 months after such judgment was entered
o Cannot be extended;
o Both periods must be complied with
WHERE : MTC or RTC (In the same case)
WHO : Only parties to the proceeding
Grounds:
1. Judgment or final order entered against a party by FAME;
or
2. Judgment or final order is rendered and party has been
prevented by FAME from taking an appeal
Requirements:
1. Verified
2. Supported by affidavit showing the FAME relied upon
3. Affidavit of merit show facts constituting the petitioner’s
good or substantial COA or defense
After petition is filed, court shall order adverse parties to
answer within 15 days from receipt.
o Petition must be sufficient in form and substance to
justify relief
o After answer is filed or expiration of period, court shall
hear the petition.
If granted,
o Judgment set aside and court shall proceed as if timely
MNT has been granted; or
o If against denial of appeal, court shall give due course
to appeal.
May issue injunction
o Petitioner files bond in favor of adverse party
o Bond answers for damages in case petition is
dismissed or petitioner fails on the trial of the case
upon its merit
o Not extinguish any liens of the adverse party
NOTE:
FAME ,as a ground, is only available in the following instances:
1. MNT (Rule 37)
2. Petition for Relief (Rule 38)
3. Motion to set aside order of Default (Rule 9)
4. MR order during pre-trial allowing plaintiff to present
evidence
Annulment of Judgment
No other remedy available + No fault of petitioner
WHERE : RTC or CA
Grounds:
1. Extrinsic Fraud
o Filed within 4 years from discovery
o Extraneous evidence may be presented.
o If petition is granted, the court may on motion order
the trial court to try the case as if a timely MNT had
been granted.
2. Lack of Jurisdiction
o Before barred by laches or estoppel by laches
o Only evidence in the records of the case may be
considered.
o If petition is granted, set aside the questioned
judgment and render the same null and void,
without prejudice to the original action being refiled
in the proper court.
Requirements:
1. Verified
2. State with particularity
o Facts and law sustaining the ground and those
supporting the petitioner’s good and substantial
cause of action or defense
3. Filed in 7 clearly legible copies
4. Attach certified true copy of the judgment
5. Affidavits of witnesses or documents supporting the
COA or defense
6. CNFS
If the petition has no substantial merit, petition may be
dismissed outright with specific reasons.
Suspends period for refiling of original action
o From filing of original action until finality of
judgment of annulment
o Not suspended if extrinsic fraud is attributable to the
plaintiff
Other actions of the court:
1. Award of damages, attorney’s fees, & other relief
2. Award order of restitution
A party aggrieved by a judgment or resolution of a
quasi-judicial body enumerated under Rule 43 may
avail of a petition for review to the CA under Rule 47
and not an action to annul the judgment or resolution.
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
EXECUTION
Kinds of Execution Third Party Claim
Does not affect the right to use Does not affect the right to use
depositions previously taken depositions previously taken

When Issued Satisfaction

Does not affect the right to use Does not affect the right to use
depositions previously taken depositions previously taken

Conduct of Sale Enforcement

Does not affect the right to use Does not affect the right to use
depositions previously taken depositions previously taken

Rules on Redemption
Does not affect the right to use
depositions previously taken
GRACE XAVIERE E. ESCOSIA / ATENEO LAW 4A 2011
Intervention
WHO :
1. Has a legal interest in the matter in
litigation
2. Has a legal interest in the success of either
of the parties
3. Has an interest against both parties
4. Is so situated as to be adversely affected by
a distribution or other disposition of
property in the custody of the court/officer
Factors to be considered by the court:
1. Whether the intervention will unduly delay
or prejudice the adjudication of the rights of
the original parties; and
2. Whether the intervenor’s rights may be
fully protected in a separate proceeding
WHEN : At any time before the rendition of
judgment
Attach a copy of pleading-in-intervention to
motion to intervention
o Must be served on the original parties
o Complaint-in-intervention if he asserts a
claim against either or all of original parties
File answer with 15 days from order to
admit complaint-in-intervention
o Answer-in-intervention if he unites with
defending party in resisting a claim
Remedies for denial of intervention: (1)
Appeal; (2) Mandamus; (3) Certiorari
Dismissal due to fault of the plaintiff
No justifiable reason
Grounds:
1. Fails to appear on the date of the
presentation of his evidence in chief
2. Fails to prosecute for an unreasonable
length of time
3. Fails to comply with the Rules of Court
4. Fails to comply with any order of the court
HOW: Motion of defendant / Motu Proprio
Defendant may prosecute his CC in the same
or in a separate action
EFFECT : Dismissal with prejudice
o Unless otherwise declared by the court
Subpoena
Kinds:
1. Subpoena duces tecum
o Process directed to a person which requires him to
bring with him
any books,
documents, or
other things under his control.
o Contents:
1) Name of the court;
2) Title of the action/investigation;
3) Directed to the person required to attend; and
4) Reasonable description of the books, documents
or things demanded
Appear to be prima facie relevant
o Grounds for Quashal:
1) Unreasonable and oppressive,
2) Relevancy of the books, documents or things
does not appear,
3) Person in whose behalf the subpoena is issued
fails to advance the reasonable cost of the
production
4) Witness fees and kilometrage allowed by the
Rules were not tendered when the subpoena was
served.
HOW: Motion
WHEN: In any event, at or before the time specified
o If improperly issued, remedy is motion to vacate or
set aside the subpoena.
2. Subpoena ad testificandum
o Process directed to a person requiring him to
attend and to testify
at the hearing or the trial of an action,
at any investigation conducted by competent
authority, or
for the taking of his deposition.
o Contents:
1) Name of the court;
2) Title of the action/investigation; and
3) Directed to the person required to attend
o Grounds for Quashal:
1) Witness is not bound
2) Witness fees and kilometrage allowed by the Rules
were not tendered when the subpoena was served
Who may issue:
1. Court before whom witness is required to attend;
2. Court of the place where the deposition is to be taken;
3. Officer/body authorized by law to do so in connection
with its investigations; or
4. Any Justice of the SC or CA in any case or investigation
pending within the Philippines
Signed by the clerk of court
May be issued more than once at any time
Subpoena issued to a prisoner
o Judge/officer examine & study carefully such
application to determine whether the same is made
for a valid purpose
o A prisoner (1) sentenced to death, reclusion perpetua
or life imprisonment and (2) who is confined in any
penal institution shall be brought outside the penal
institution for appearance or attendance in any court
only when authorized by the SC
o Deposition may be taken only if with leave of court &
such prescribed terms.
Service:
1. Delivered to the person
o Original exhibited and copy of subpoena delivered
2. Tender
o If subpoena ad testificandum, the fees for one day’s
attendance and the kilometrage allowed by these
rules EXCEPT THAT, when a subpoena is issued by or
on behalf of the Republic of the Philippines or an
officer or agency thereof, the tender need not be
made.
o if subpoena duces tecum, the fees for one’s days
attendance subject to the same exception as a
subpoena ad testificandum; and the reasonable cost
of producing the books, documents or things.
3. Substituted service
o Leave copy of summons at the defendant’s residence
With some person of suitable age and discretion
residing therein
o Leave copy of summons at defendant’s office or
regular place of business
With competent person in charge
Witness given reasonable time for preparation and travel
Effect of failure to attend:
1. Indirect contempt
o Willful + Without adequate cause
2. Order arrest
o Willful + Without just cause
o Upon (1) proof of the service; and (2) proof of the
failure of the witness to attend
o Issued to the sheriff of the province, or his deputy
o Cost of the warrant and seizure of such witness shall
be paid by the witness
o EXCEPTIONS:
1) Witness resides more than 100 kilometers from his
residence to the place where he is to testify by the
ordinary course of travel
2) Detention prisoner if no permission of the court in
which his case is pending is obtained.