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NOTES IN REMEDIAL LAW REVIEW 1

2ND SEMESTER SY 2019-2020


MANILA LAW COLLEGE

I. PRELIMINARY CONSIDERATIONS –

A. Judicial Power Defined - It includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government (Note: the latter portion of this definition originated from Sec. 1, Art.
VIII, 1987 Constitution).

Classes of courts –

a. Courts of general jurisdiction – courts competent to decide their own jurisdictions


and to take cognizance of all cases, civil and criminal, of a particular attire, while
Courts of special jurisdiction are those incompetent to decide their own jurisdiction
and taking cognizance only of a few specified matters.
b. Courts of original jurisdiction – those wherein a cause arises, whereas Courts of
appellate jurisdiction are those where such cause is reviewed.
c. Courts of law – are those which administer justice according to the laws of the
land, while courts of equity are those which administer justice according to the
rules and principles of equity or conscience.

Note: Philippine courts are courts of law and equity.

d. Courts of record and courts not of record


e. Civil courts are those determining controversies between private persons, while
criminal courts are those adjudicating offenses alleged to have been committed
against the State.
f. Superior courts are those exercising both original and supervisory jurisdiction,
while inferior courts are those having very limited jurisdiction, their decisions
being subject to review by higher tribunals.
g. Constitutional courts owe their existence to the Constitution, whereas Statutory
courts are those created by statute, although their creation may be mandated by
the Constitution.
Note: The Sandiganbayan is a statutory court whose creation was mandated by
the 1973 Constitution. It is both a constitutional court and a trial court in certain
cases.

Courts martial are agencies of executive character, and one of the authorities for the
ordering of courts-martial has been held to be attached to the constitutional functions of the
President as Commander-in-Chief, independently of legislation. They are not part of the
judiciary but they are lawful tribunals with authority to finally determine any case over which
they have jurisdiction, and their proceedings, when confirmed as provided, re not open to
review by the civil tribunals, except for the purpose of ascertaining whether the military court
had jurisdiction of the person and subject matter , and whether, though having such
jurisdiction, it had exceeded its powers in the sentence pronounced.

MILITARY COMMISSION OR TRIBUNALS, by whatever name they are called are also
not courts within the Philippine judicial system.

B. QUASI-COURTS OF JUSTICE

1. Constitutional Commission (Civil Service Commission, Commission on Elections and


Commission on Audit) – they perform vital functions of government. They were given
independent powers of appointment and fiscal autonomy, and its commissioners may
be removed only through impeachment, having a fixed term and salary that may not be
diminished during their continuance in office.
Note: Final judgments, decisions, resolutions, orders or awards of the CSC are now
appealable to the Court of Appeals via Rule 43, while judgments and final order or
resolution of the COMELEC and the COA may be brought to the Supreme Court on
certiorari.

C. QUASI-JUDICIAL AGENCIES – (CSC, Central Board of Assessment Appeals, SEC,


Office of the President, LRA, SSC, CAB, IPO, NEA, ERB, NTC, Dept. of Agrarian
Reform (under RA 6657-CARP), GSIS, ECC, Insurance Commission, Philippine
Atomic Energy Commission, Board of Investments, Construction Industry
Arbitration Commission and Voluntary Arbitrators Authorized by Law

The awards, judgments, final orders or resolutions of such agencies, or those authorized
by them in the exercise of their quasi-judicial functions, shall be appealable to the CA
under Rule 43, 1997 Rules of Civil Procedure.

Other Quasi-judicial Agencies (Office of the Ombudsman in administrative disciplinary


cases, NLRC, Bureau of Immigration (appealable to the RTC), HLURB (appealable to the OP
and then to SC) and National Commission on Indigenous Peoples)

Note: Read –
1.Fabian vs. Desierto, GR No. 129742, Sept. 16, 1998 (jurisdiction of the
ombudsman over administrative disciplinary cases)

2. St. Martin Funeral Homes vs. NLRC, GR 142351, Nov. 22, 2006 (appeal from
decisions of the NLRC)
3.Eternal Gardens vs. Court of Appeals, GR L-050054, Aug. 17, 1988
(simultaneous remedies filed before the SC and appellate court)
4. Acda vs. Minster of Labor. 119 SCRA 309 (perfection of appeals)

Chapter 2 – ORGANIZATION OF COURTS

A. The Supreme Court (1 Chief justice and 14 Associate Justices)


Powers:
 Exercises original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus,
quo warranto and habeas corpus.
 Review, revise, reverse, modify or affirm on appeal or certiorari, as the law or the
Rules of Court may provide, final judgments and orders of lower courts in:
o All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance or regulation in question;
o All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
o All cases in which the jurisdiction of any lower court is in issue
o All criminal cases in which the penalty imposed is reclusion perpetua or
higher (NOTE: Read Mateo vs. People, GR Nos 147678-87, July 7, 2004;
A.M. No. 00-5-03-SC-2004-10-12 amending rules governing review of
death penalty cases)
o All cases in which only an error or question of law is involved.
 Assign temporarily judges of lower courts to other stations as public interest may
require
 Order a change of venue or place of trial to avoid a miscarriage of justice
 Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading and practice, and procedure in all courts the admission to the
practice of law, the integrated bar and legal assistance to the underprivileged
 Appoint all officials and employees of the judiciary in accordance with the civil
service law.

Cases heard en banc:


1. All cases involving the constitutionality of a treaty, international or executive
agreement, or law

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2. All cases which under the Rules of Court are required to be heard en banc
3. All cases involving the constitutionality, application or operation of
presidential decrees, proclamations, orders, instructions, ordinances and
other regulations
4. Cases heardby a divison when the required majority in the division is not
obtained
5. Cases where the SC modifies or reverses a doctrine or principle of law
previously laid down en banc or in division
6. Administrative cases involving the discipline or dismissal of judges of lower
courts
7. All contests relating to the elections, returns and qualifications of the
President or Vice-President.

Vote required to decide a case heard en banc – concurrence of a majority of members


who actually took part in the deliberations on the issues of the case and voted
thereon.
Vote required to impose the death penalty /affirm the death sentence of the trial court –
majority of 8 votes of the SC sitting en banc, otherwise the penalty of reclusion
perpetua is imposed.
Note: RA 9346 outlawed death penalty and removed it as the maximum
penalty imposable in proper cases, and in lieu thereof, reclusion perpetua shall
be imposed.
Vote needed to decide a case in division – majority of the members who actually took
part in the deliberations on the issues of the case and voted thereon.

B. THE COURT OF APPEALS

C. THE REGIONAL TRIAL COURTS

D. THE FIRST-LEVEL COURTS

E. THE SANDIGANBAYAN – same level as the CA and possesses all the inherent
powers of a court of justice. It shall have jurisdiction over criminal and civil cases
involving graft and corrupt practices and such other offenses committed by public
officers and employees, including those in government-owned or controlled
corporations, in relation to their office as may be determined by law.

F. THE COURT OF TAX APPEALS

G. COURTS OF MUSLIM MINDANAO(The Shari’ah Appellate Court, The Shari’ah


District Courts

Chapter 3 – JURISDICTION

Jurisdiction is the authority to hear and determine a cause or the right to act in a case. It
should be distinguished from the exercise of jurisdiction.. When a court exercises its
jurisdiction, an error committed while engaged in that exercise does not deprive it of the
jurisdiction which it is exercising when the error is committed.

An error of judgment is one which the court may commit in the exercise of its
jurisdiction. An error of jurisdiction renders an order or judgment void or voidable.
ERRORS OF JURISDCITON ARE REVIEWEABLE ON CERTIORARI; ERRORS OF
JUDGMENT, ONLY BY APPEAL.

Classes of Jurisdiction –

1. General and Limited or Special – General extends to all controversies which may be
brought before a court within the legal bounds of rights and remedies. Limited or
special, is confined to particular causes or can be exercised only under the limitations
and circumstances provided by the statute (Ex – the regular RTC’s exercises general
jurisdiction on all crimes, save for a few exceptions covered by the special RTC’s,

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where imposable penalty in criminal cases is 6 years and 1 day and higher; the
Family Court exercises special jurisdiction over Family Court cases)

2. Original and Appellate – Original jurisdiction is that conferred on, or inherent, in a


court in the first instance. Appellate jurisdiction is the power and authority
conferred on a superior court to rehear and determine causes which have been tried
in inferior courts. It is also the cogninzance which a superior curt takes of a case
brought to it, by appeal or certiorari, from the decision of an inferior court, or the
review by superior court of the final judgment or order of some inferior court.

3. Exclusive and Concurrent or Coordinate - Exclusive jurisdiction is that confined to a


particular tribunal or grade of courts and possessed by it to the exclusion of all
others (Example: First-level courts have exclusive jurisdiction over BP 22 CASES.).
CONCURRENT jurisdiction is that exercised by different courts at the same tie over
the same subject matter and within the same territory, and wherein litigants may, in
the first instance, resort to either indifferently

4. Criminal and civil - Criminal jurisdiction is that which exists for the punishment of
crimes, and is the power to take cognizance of a criminal offense and to impose
sentence after a lawful trial. CIVIL jurisdiction is that which exists when the matter
is not of a criminal nature.

5. Territorial jurisdiction – the power of a court with reference to the territory within
which it is to be exercised

6. Jurisdiction over the subject matter – the power to hear and determine cases of the
general class to which the proceedings in question belong; the power to deal with the
general subject involved in the action. It is conferred by law

7. Jurisdiction over the person – the power to render a personal judgment against a
person and is acquired by the voluntary appearance of a party in court and his
submission to its authority, or y the coercive power of legal process exerted over the
person.

8. Jurisdiction over the res or property – that obtained by a seizure of the property under
legal process of the court, whereby it is held to abide by such order as the court
makes, and with respect to the persons whose rights in the property are to affected,
jurisdiction may be attained by constructive service of process, it not being necessary
that they should be brought within the reach of the process of the court or should
receive actual notice.

MODE OF ACQUIRING JURISDICTION OVER THE SUBJECT MATTER –


conferred by law, subject to a few exceptions (WAIVER OR ESTPPEL)
Note: Read Tijam vs. Sibonghanoy

Jurisdiction of the court over the subject matter of the action is determined by the
allegations of the complaint, irrespective of whether or not the plaintiff is entitled to
recover upon all or some of the claims asserted therein. The rule also applies to
criminal cases.

MODE OF AQUIRING JURISDICTION OVER THE PERSON OF THE PARTIES-

1) Plaintiff – By filing the complaint


2) Defendant – Generally, jurisdiction over the defendant may and must be
acquired, I the absence of his voluntary submission thereto, by proper and fairly
obtained process of service, actual or constructive, regardless of the sufficiency of
the proof or return thereto
2 MODES – Service in person or substituted service of summons
Voluntary Appearance of defendant

ELEMENTS OF JURISDICTION –

A. Civil cases – COURT MUST HAVE JURISDICTION OVER THE SUBJECT MATTER,
PARTIES AND RES, IF JURISDICITON OVER THE DEFENDANT CANNOT BE
ACQUIRED.

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Jurisdiction over the res in civil cases is required where the defendant does not reside and is not
found in the Philippines, such as in the following instances:

1) the action affects the personal status of the plaintiff residing in the Philippines;
2) when the action relates to, or the subject of which involves property within the
Philippines, in which the defendant has or claims a lien or interest, actual or contingent;
3) when the relief demanded in the action consists, wholly or in part, in excluding the
defendant from any interest in property located in the Philippines, or when the non-resident
defendant’s property has been attached within the Philippines.

B. Criminal Cases- The court must have jurisdiction over a) the subject matter of the
offense b) territory wherein one of the essential ingredients of the offense took place and c)
parties. In private crimes, jurisdiction is acquired by means of the complaint filed by the private
offended party.

*Jurisdiction over subject matter is provided by law.


**Territorial jurisdiction is essential in criminal cases. While in civil cases, venue may be
the subject of stipulation, and improper venue may be waived, in criminal cases, venue is
jurisdictional. The SC may however, in the interest of justice, change the venue of trial in
criminal cases.
*In transitory or continuing offenses like estafa, the courts of the different places where
the essential ingredients of the offense took place, exercise concurrent jurisdiction, except
a) cases falling under the jurisdiction of the Sandiganbayan and
b) libel, wherein jurisdiction rests on the court of the place where the libelous material is
printed and first published, or where any of the offended parties actually resides, or in
the case of a public officer, where he holds office at the time of the commission of the
offense.

***Jurisdiction over the accused is acquired by a) his arrest or b) his voluntary submission. If
accused is fugitive from justice, the court cannot proceed with trial in absentia unless the
accused has previously been arraigned.

****Jurisdiction in private crimes –

In private crimes, it is not the complaint filed by the offended party, her parents,
grandparents or guardians that confers jurisdiction on the court to try the case but the Judiciary
Reorganization Law. Complaint is merely a condition precedent to the exercise by the proper
authorities of the power to prosecute the guilty parties.

Validity of the Agreement of parties depriving court of its jurisdiction –

A clause in a contract providing that all matters in dispute between the parties shall be
referred to arbitrators and to them alone is contrary to public policy and cannot oust the court
of its jurisdiction. HOWEVER, Art. 2044 of the Civil Code provides that any stipulation that the
arbitrator’s award or decision shall be final is valid, without prejudice to Articles 2038, 2039 and
2040 of the Civil Code. Further, Sections 24 and 25 of the Arbitration Law provides grounds for
vacating, modifying or rescinding an arbitrator’s award. Thus, the finality of the arbitrator’s
award is not absolute and without exceptions. The award may be subject to judicial review.

CONSTITUTIONAL LIMITAITON ON THE POWER TO LEGISLATE IN MATTERS OF


COURT JURISDICTION – Congress hall have the power to define, prescribe and apportion the
jurisdiction of the courts but may not deprive the SC of its original jurisdiction over cases
enumerated in Sec. 5, Art. VIII o the 1987 constitution. HOWEVER, Congress may increase the
appellate jurisdiction of the SC, but only with the advice and concurrence of the SC itself.
FURTHER, Congress may reorganize the judicial system provided it does not undermine the
security of tenure of its members. In the exercise of its powers, Congress may not infringe on
the independence of the judiciary.

JURISDICTION OF THE SUPREME COURT-

1. ORIGINAL
- Cases affecting ambassadors, other public ministers and consuls and
- Petitions for certiorari, prohibition, madamus, quo warranto and habeas corpus

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a. Original and exclusive -Petitions for issuance of writs of certiorari, prohibition and
mandamus against the CA, COMELEC, COA, Sandiganbayan ( these writs may be
issued against a court only by another court superior in rank to the former)
b. Original and Concurrent with the CA -Petitions for the issuance of writs of
certiorari , prohibition and mandamus against the 1)NLRC (BUT the petitions should
be filed with the CA; OTHERWISE, they shall be dismissed; 2)CSC; 3)CBAA; 4)CTA
and Quasi-Judicial Agencies (HOWEVER, THESE PETITIONS SHOULD BE FILED
WITH CA), RTC and lower courts
c. Original and Concurrent with the CA and RTC- Petitions for habeas corpus and quo
warranto and Petitions for issuance of writs of certiorari, prohibition and mandamus
against lower courts or bodies
d. Original and concurrent with the RTC- Actions affecting ambassadors, other public
ministers and consuls.

2. APPELLATE JURISDICTION –

The SC shall have the following powers: REVIEW, REVISE, MODIFY OR AFFIRM ON
APPEAL OR CERTIORARI, as the law or the RULES OF COURT may provide, final
judgments and orders of lower courts in:

1) All cases in which the constitutionality of any treaty, international or executive


agreement, law, presidential decree, proclamation, order, instruction or regulation is
in question;
2) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
3) All cases in which the jurisdiction of any lower court is in issue
4) All cases in which the penalty imposed is reclusion perpetua or higher and
5) All cases in which an error or question of law is involved.
MODES OF APPEAL TO SC –

A. APPEAL BY NOTICE OF APPEAL-


Criminal cases in which the penalty imposed is reclusion perpetua or higher;
B. Automatic Review -Criminal cases in which the death penalty is imposed by the
RTC or the Sandiganbayan, whether or not the accused files an appeal.
C. Appeal by Petition for Review on Certiorari
D. Special Civil Action of Certiorari within 30 days decisions or rulings of
COMELEC or COA

Note: CA may have appellate jurisdiction in cases wherein jurisdiction of lower


court is in issue.

Part 2

JURISDICTION OF THE COURT OF APPEALS –

1) ORIGINAL JURISDICTION to issue writs of mandamus, prohibition, certiorari, habeas


corpus, and quo warranto, and auxiliary writs of processes, whether or not in aid of its
appellate jurisdiction;
 Original and Exclusive – Actions for Annulment of judgments of RTCs on the
grounds of extrinsic fraud and lack of jurisdiction
 Original and concurrent with the SC- a) Petitions for issuance of writs of certiorari,
prohibition and mandamus against the NLRC (HOWEVER, these petitions should be
filed with CA, otherwise they shall be dismissed), CSC, CBAA, CTA and Quasi-
Judicial Agencies and RTCs and lower courts
 Original and Concurrent with the SC and RTC – Petitions for habeas corpus and quo
warranto and Petitions for issuance of writs of certiorari, prohibition and mandamus
against lower courts or bodies

2) EXCLUSIVE ORIGINAL JURISDICTION over actions for annulment of judgments of


RTCs

3) EXCLUSIVE APPELLATE JURISDICITON over all final judgments, decisions,


resolutions, orders or awards of the RTCs and quasi-judicial agencies, instrumentalities,
boards or commission, including the SEC, the SSS, the ECC and the CSC, except those

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falling within the appellate jurisdiction of the SC in accordance with the constitution, the
Labor Code of the Philippines under PD 442, AS AMENDED, the provisions of BP
Bilang 129 and of Sub-Par 1, Par. 3 (In petitions for issuance of writs of certiorari,
prohibition, mandamus, quo warranto and habeas corpus) and Sub-Par. 4 of Par. 4 (All
criminal cases involving offenses for which the penalty imposed is death or life
imprisonment, and those involving other offenses which, although not so punished,
arose out of the same occurrence or which may have been committed by the accused on
the same occasion, as that giving rise to the more serious offense, regardless of whether
the accused are charged s principals, accomplices or accessories, or whether they have
been tried jointly or separately) of Sec. 17 of Judiciary Act of 1948.

a) ORDINARY APPEAL by Notice of Appeal or Record on Appeal


- Appeals from the judgments decisions or final orders of the RTC in the
exercise of its original jurisdiction, except, in all cases where only
questions of law are raised or involved, which are appealable to the SC by
petition for review on certiorari in accordance with Rule 45
- Appeals from the RTC on constitutional, tax and jurisdictional questions
which involve questions of fact and should be appealed first to the CA
and
- Appeal s from decisions and final orders of the Family Courts

b) APPEAL by PETITION FOR REVIEW


An appeal may be taken to the CA, whether the appeal involves questions of
fact, mixed questions of fact and law, or questions of law, in the following
cases:
REGULAR -Appeals in cases decided by the RTC in the exercise of its
appellate jurisdiction
SPECIAL – 1) Appeals from the CSC, 2) Judgments or final orders of the CTA
and 3) Awards, judgments, final orders or resolutions of or authorized by any
of the following quasi-judicial agencies in the exercise of their quasi-judicial
functions: CBAA, SEC, OP, LRA, SSS, CAB, IPO, NEA, ERB, NTC, DAR
under RA 6657, GSIS, ECC, Agricultural Inventions Board, Insurance
commission, phil. Atomic Energy Commission, Board of Investments, CIAC,
Voluntary Arbitrators authorized by law, Ombudsman in administrative
disciplinary cases and National Commission on Indigenous Peoples

Appeal from the said decisions, final orders, resolutions or awards shall be
taken to the SC by certiorari under Rule 45.

The CA shall have power to try cases and conduct hearings, receive evidence
and perform any and all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including the
power to grant and conduct new trials and further proceedings. The CA also
has the power to receive evidence (Sec. 12 Rule 124).

JURISDICTION OF THE REGIONAL TRIAL COURTS

A. ORIGINAL AND EXCLUSIVE –


Jurisdiction in Civil Cases:
1) Civil actions in which the subject of litigation is incapable of pecuniary
estimation (E.G. specific performance, support, foreclosure of mortgage or
annulment of judgment, actions questioning validity of mortgage, annulling a
deed of sale or conveyance)
2) Civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds
P20,000.00, or for civil actions in Metro Manila, where such value exceeds
P50,000.00 except actions for FEUD, the original jurisdiction of which pertains to
METC and other first level courts.
3) Actions in admiralty and maritime jurisdiction where the demand or claim
exceeds P200,000.00 or in Metro Manila, P400,000.00
4) Matters of probate, both testate and intestate, here the gross value of the estate
exceeds P200,000.00, or in probate matters in Metro Manila, where such gross
value exceeds P400,000.00;
5) Actions involving the contract of marriage and marital relations

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6) Cases not within the exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial functions
7) Civil actions and special proceedings falling within the exclusive original
jurisdiction of a Family Court and Court of Agrarian Relations (Note: RA 7691
dated March 25, 1994 Amending the Jurisdiction of METC, MTC, MTCC and
MCTC)
8) The SEC – RTCs now have original and exclusive jurisdiction to hear and decide
intra-corporate controversies and other related issues

Test for determining whether subject is not capable of pecuniary estimation – the criterion of first
ascertaining the nature of the principal action or remedy sought is adopted. If the action is
primarily for the recovery of a sum of money, the claim is considered capable of pecuniary
estimation, and whether jurisdiction is vested in the inferior courts or in the RTCs would
depend on the amount of the claim. However, where the basic issue is something other than the
right to recover a sum of money, where the money claim is purely incidental to, or a
consequence of, the principal relief sought, the action is exclusively cognizable by the RTCs.

Note: Sec. 4, RA 7691:

Sec, 34 of BP Bilang 129 (Delegated jurisdiction in Cadastral and Land Registration


Cases – MeTCs, MTCs ad MCTCs MAY BE ASSIGNED BY THE SUPREME COURT TO HEAR
AND DETERMINE CADASTRAL OR LAND REGISTRATION CASES COVERING LOTS
WHERE THERE IS NO CONTROVERSY ORNOPPOSITION, OR CONTESTED LOTS WHERE
THE VLAUE OF WHICH DOES NOT EXCEED p100000,00 SUCH VALUE TO BE
ASCERTAINED BY THE AFFIDAVIT OF THE CLAIMANT OR BY AGREEMENT OF THE
RESPECTIVE CLAIMANTS IF THERE ARE MORE THAN ONE, OR FROM THE
CORRESPONDING TAX DECLARATION OF THE REAL PROPERTY. THEIR DECISIONS IN
THESE CASES SHALL BE APPEALBALE IN THE SAE MANNER AS DECISIONS OF THE
RTCs.

Sec. 5 – After 5 years from the effectivity of RA 7691, the jurisdictional amounts
mentioned in Sec. 19 (3), (4) and (8) and Sec. 33 (1) of BP Bilang 129, as amended by this Act,
shall be adjusted to P200,000.00. Five years thereafter, such jurisdictional amounts shall be
adjusted further to P300,000.00; Provided that in the case of Metro Manila, the abovementioned
jurisdictional amounts shall be adjusted after the 5 years from the effectivity of this Act to
P400,000.00

JURISDICTION IN CRIMINAL CASES –

Note: 1) People vs Rico Lipao (GR No. 154557; Feb. 13, 2008)

Where a court acquired jurisdiction over an action, its jurisdiction continues to the final
conclusion of the case. Such jurisdiction is not affected by new legislation placing jurisdiction
over such dispute in another court or tribunal unless the statute provides for retroactivity
(Petitioner contended that the passage of RA 7691 DID NOT IPSO FACTO TAKE
JURISDICITON AWAY FROM THE RTC TO HEAR AND DECIDE THE INSTANT CRIMINAL
CASE INSTITUTED PRIOR TO THE [ASSAGE OF SAID LAW EXPANDING THE
JURISDICITON OF THE MTCs. THE SUPREME COURT AGREED WITH THE PETITIONER
SAYING THAT THE JURISDICITON OF A COURT TO TRY A CRIMINAL ACTION IS TO BE
DETERMINED BY THE LAW IN FORCE AT THE TIME OF THE INSTITUTION OF THE
ACTION. WHERE A COURT HAS ALREADY OBTAINED AND IS EXERCISING
JURISDICITON OVER A CONTROVERSY, ITS JURISDICTION TO PROCEED TO THE FINAL
DETERMINATION OF THE CAUSE IS NOT AFFECTED BY NEW LEGISLATION
PLACING JURISDICITON OVER SUCH PROCEEDINGS IN ANOTHER TRIBUNAL.
THE EXCEPTION TO THE RULE IS WHERE THE STATUTE EXPRESSLY PROVIDES,
OR IS CONSTRUED TO THE EFFFECT THAT IT IS INTENDED TO OEPRATE TO
ACTIONS PENDING BEFORE ITS ENACTMENT. WHERE A STATUTE CHANGING
THE JURISDICTION OF A COURT HAS NO RETROACTIVE EFFECT, IT CANNOT BE
APPLIED TO A CASE THAT WAS PRENDING PRIOR TO THE ENACMTNET OF A
STATUTE.

PART 3:

SINGSONG vs. ISABELA SAWMILL (88 SCRA 623)

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In determining whether an action is one the subject matter of which is not capable f
pecuniary estimation this court HAS ADOPTED THE CRITERION OF FIRST ASCERTAINING
THE NATURE OF THE PRINCIPAL ACTION OF REMEDY SOUGHT. If it is primarily for the
recovery of a sum of money, the claim is considered capable of pecuniary estimation, and
whether the jurisdiction is in the municipal courts or in the courts of first instance would
depend on the amount of the claim. However, where the basic issue is something other than the
right to recover a sum of money, where the money claim us purely incidental to, or a
consequence of, the principal relief sought, this COURT HAS CONSIDERED SUCH ACTIONS
AS CASES WHERE THE SUBJECT OF THE LITIGATION MAY NOT BE ESTIMATED IN
TERMS OF MONEY, AND ARE COGNIZABLE exclusively by RTCs.

JURISDICTION OF FIRST LEVEL COURTS (METC, MCTC, MTCC, MTC)

Sec. 32, BP BILANG 129 –


1) Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction and
2) Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding 6 years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value or amount thereof;
Provided, however, that in offenses involving damage to property through criminal
negligence, they shall have exclusive original jurisdiction thereof.
Sec. 33, BP BILANG 129
1) Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the provisional remedies in proper cases where the value of
the personal property, estate, or amount of the demand does not exceed P100,000.00
or, in Metro Manila where such personal property, estate, or mount of the demand
does not exceed P200,000.00, exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs, the amount of which must be
specifically alleged; provided, That interest, damages of whatever kind, attorney’s
fees, litigation expenses, and costs shall be included in the determination of the filing
fees; provided, further, That where there are several claims or causes of actions
between the same or different parties, embodied in the same complaint, the amount
of the demand shall be the totality of the claims in all the causes of action,
irrespective of whatever the causes of action arose out of the same or different
transactions;
2) Exclusive original jurisdiction over cases of FEUD; Provided, That when, in such
cases, the defendant raises the question of ownership in his pleadings and the
question of possession cannot be resolved without deciding the issue of ownership,
the issue of ownership shall be resolved only to determine the issue of possession
3) Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property or
interest or, in civil actions in Metro Manila, where such assessed value does exceed
P50,000.00 exclusive of interest, damages of whatever kind, attorney’s fees, litigation
expenses and costs; PROVIDED, THAT IN CASES OF LAND NOT DECLARED
FOR TAXATION PURPOSES THE VALUE OF SUCH PROPERTY SHALL BE
DETERMINED BY THE ASSESSED VALUE OF THE ADJACENT LOTS.

Sec. 34 – Delegated Jurisdiction in Cadastral and land Registration Cases – MeTCs,


MTCCs, MCTCs, MTCs may be assigned by the SC to hear and determine cadastral or
land registration cases covering lots where there is no controversy or opposition, or
contested lots where the value of which does not exceed P200,000.00, such value to be
ascertained by the affidavit of the claimant or by agreement of the respective claimants if there
are more than one, or from the corresponding tax declaration of the real property. Their
decisions in these cases shall be appealable in the same manners as decisions of the RTCs.

THE 1997 RULES OF CIVIL PROCEDURE

Rule 1

CIVIL ACTIONS

Rule 2 – Ordinary Civil Actions


 Cause of Action Defined.

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 One suit for a single cause of action/Splitting a single cause of action (and its
effects)
 Joinder of causes of action/Misjoinder of causes of action

Rule 3 – Parties to Civil Actions


 Who may be parties plaintiff and defendant
 Parties in Interest/Necessary Parties/Indispensable Parties
 Representatives as parties, Spouses as Parties, Minor or Incompetent Persons
 Permissive Joinder of Parties
 Compulsory joinder of indispensable arties
 Non-joinder of necessary parties to be pleaded.
 Unwilling co-plaintiff
 Misjoinder and non-joinder of parties (not a ground to dismiss an action)
 Class suit
 Alternative defendants
 Unknown identity or name of defendant
 Entity without juridical personality as defendant
 Death of a party; duty of counsel
 Incompetency or incapacity
 Transfer of interest
 Actions on contractual money claims
 Indigent Party

Note : (Spouses Decena vs. Spouses Piquena, GR No. 155736, March 31, 2005)

A cause of action is an act or omission of one party in violation of the legal right of the other
which causes the latter injury. ESSENTIAL ELEMENTS: 1) the existence of a legal right of the
plaintiff; 2) a correlative legal duty of the defendant to respect one’s right and 3) an act or
omission of the defendant in violation of the plaintiff’s right. A cause of action is to be found in
the facts alleged in the complaint and not in the prayer for relief. It is the substance and not the
form that is controlling. A party may have two or more causes of action against another party.

A joinder of causes of action is the uniting of 2 or more demands or right of action in a


complaint. The question of the joinder of cases of action involves in particular cases a
preliminary inquiry as to whether 2 or more causes of action are alleged. In declaring whether
more than one cause of action is alleged, the main thrust is whether more than ne primary
right or subject of controversy is present. Other tests are whether recovery on one ground
would bar recovery on the other, whether the same evidence would support the other different
counts and whether separate actions could be maintained for separate relief, or whether more
than one distinct primary right or subject of controversy is alleged for enforcement or
adjudication.

Justice Jose Feria:


Under the 3rd condition (par. C), if one action falls within the jurisdiction of the RTC and
the other falls within the jurisdiction o a Municipal Trial Court the action should be filed in the
RTC. If the causes of action have different venues, they may be joined in any of the courts of
proper venue. HENCE, A REAL ACTION AND A PERSONAL ACTION MAY BE JOINED
EITHER IN THE RTC of the place where the real property is located or where the parties reside.

Splitting a cause of action (Bachrach Motor Co. Inc. vs. Esteba Icarangal, GR Lo-45350, May 29,
1939

The rule against splitting a single cause of action is intended to prevent repeated litigation
between the same parties in regard to the same subject of controversy, to protect the defendant
from unnecessary vexation and to avoid the costs and expenses incident to numerous suits. No
man should be twice vexed for one and the same cause). Plaintiff cannot split up his single
cause of action for the non-payment of debt by filing a complaint for payment of the debt and
thereafter another complaint for foreclosure of the mortgage. By allowing the creditor to fil 2
separate complaints simultaneously or successively, one to recover his credit and another to
foreclose his mortgage, we will in effect be authorizing him plural redress for a single breach of
contract at so much costs to the court and with so much vexation and oppression to the debtor.

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Note: Death of a Party/Duty of Counsel

Judge Sumajag. S. Spouses Diosdidit, GR No. 149787, June 18, 2008)

The question as to whether an action survives or not depends on the nature of the action and
the damage sued for. IN CAUSES OF ACTION WHICH SURVIVE, THE WRONG
COMPLAINED OF AFFECTS PRIMARILY AND PRINCIPALLY PROPERTY AND PROPERTY
RIGHTS, THE INJURIES TO THE PERSON BEING MERELY INCIDENTAL, WHILE IN THE
CAUSES OF ACTION WHICH DO NOT SURVIVE, THE INJURY COMPLAINED OF IS TO
THE PERSON, THE PROPERTY AND RIGHTS OF PROEPRTY AFFECTED BEING
INCIDENTAL.

Duty of counsel under the rule – to INFORM THE COURT WITHIN 30 DAYS AFTER THE
DEATH OF HIS CLIENT of the fact of death, and to give the name and address of the
deceased’s legal representative or representative.

Note: ACTIONS THAT SURVIVE (Aguas vs. Llemos, GR No. L-18107, Aug. 30, 1962).

Actions that survive against a decdent’s executor or administrator are:

1) Actions to recover real or personal property from the state;


2) Actions to enforce a lien thereon
3) Actions to recover damages for an injury to a person or property

PART 4

Rule 1 – Sections 1-3:

Action vs. Special Proceeding –

Action is a formal demand of one’s legal rights in a court of justice in the manner
prescribed by the court or by the law. It is the method of applying legal remedies according to
definite established rules. Special proceeding is an application or proceeding to establish the
status or right of a party, or of a particular fact.

Action in Personam – If the technical object of the suit is to establish a claim against some
particular person, with a judgment which generally in theory at least, binds his body, or to bar
some individual claim or objection, so that only certain persons are entitled to be heard in
defense, the action is IN PERSONAM, although it may concern the right to or possession of a
tangible thing. Actions in personam are those brought against a person on the basis of his
personal liability. Example: an action to resolve a contract of sale of land

Action in Rem – If, on the other hand, the object is to bar indifferently all who might be minded
to make an objection of any sort against the right sought to be established, and if anyone in the
world has a right to be heard on the strength of alleging facts which, if true, show an
inconsistent interest, the proceeding is IN REM. Actions in rem are those actions against the
thing itself instead of against the person.

Quasi in Rem – The action quasi in rem differs from the true action IN REM in the circumstance
that in the former, an individual is named as defendant, and the purpose of the proceeding or
lien burdening the property. Actions quasi in rem are those where an individual is named as
defendant and the purpose of the proceeding is to subject his or her interest in the property to
the obligation or lien burdening the property.

Section 5 – Commencement of the action =

A civil action is commenced by the filing of the original complaint in court. If an


additional defendant is impleading in a later pleading, the action is commenced with regard to
him on the date of the filing of such later pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court.

Payment of Docket Fees –

Manchester Development Corporation vs CA (GR L-75919, May 7, 1987:

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The court acquires jurisdiction over any case only upon payment of the
prescribed docket fee. Payment of docket fees is not only mandatory, but also
jurisdictional. An amendment of the complaint or similar pleading will not thereby vest
jurisdiction in the court, much less the payment of the docket fee based on the amount
sought in the amended pleading.

Sun Insurance Office, Ltd. vs. Asuncion (GR No. 79937-38, Feb. 13, 1989) –
Guidelines on payment of docket fees:
1. The amount of damages should be specified not only in the body of the
pleading, but also in the prayer, and said damages shall be considered in the
assessment and payment of docket fee.
2. It is not simply the filing of the complaint or the appropriate initiatory
pleading, but the payment of the prescribed docket fee that vests a trial court
with jurisdiction over the subject matter or nature of the action.
3. Without the payment of the correct docket fee, no original complaint or
similar pleading is considered filed. Hence, there can be no amendment of
such complaint or similar pleading, nor can there be payment of the
prescribed docket fee based on the amounts sought in the amended pleading
that would vest jurisdiction in the court.
4. When the filing of the initiatory pleading is not accompanied by payment of
the docket fee, the court may allow payment of the fees within a reasonable
time, but in no case beyond the applicable prescriptive or reglementary
period. If the complete amount is not paid, the prescriptive period continues
to run as the complaint is deemed not filed.
5. The same rule applies to permissive counter-claims, third-party claims and
similar pleadings, which shall not be considered filed until and unless the
filing fee prescribed therefor is paid. The court may also allow payment of
said fee within a reasonable time but also in no case beyond it applicable
prescriptive or reglementary period.
6. Where the trial court acquires jurisdiction over a claim by the filing of the
appropriate pleading and payment of the prescribed filing fee, but,
subsequently, the judgment awards a claim not specified in the pleading such
as damages arising after the filing of the complaint or similar pleading, or if
specified, the same has been left to the determination of the court,. The
additional fee therefor shall constitute a lien on the judgment.

Note: Manchester ruling will not apply when insufficient filing fees are initially paid by
the plaintiffs and there is no intention to defraud the government.

Section 6 – Construction of Rules –


Fundamental Principles:
1) A litigation is not a game of technicalities in which one, more deeply
schooled and skilled in the subtle art of movement and position, entraps and
destroys the other…Lawsuits, unlike duels, are not to be won by a rapier’s
thrust. Technicality, when it deserts it proper office as an aid to justice and
becomes its great hindrance and chief enemy, deserves scant consideration
from courts. There should be no vested rights in technicalities (Alonso vs.
Villamor, 16 Phil. 315.
2) Lapses in the literal observance of a rule of prciedure will be overlooked
when they do not involve public policy, whehn they arose from an honest
mistake or unforeseen accident, when they have not prejudiced the adverse
party and have not deprived the court of its authority.
3) Liberality of the construction of the Rules should not however be subordinate
to gross mistake and negligence. Equity should not be allowed to interfere
where there has been laches in the prosecution of rights.
4) Procedural requirements, which have often been disparagingly labelled as
mere technicalities, have their own valid RAISE DÉTRE in the orderly
administration of justice. To summarily brush them aside may result in
arbitrariness and injustice.

Rule 2
Sections 1-6

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Cause of Action -elements: a) legal right of the plaintiff; b) correlative obligation
of the defendant and c) act or omission of the defendant in violation of the plaintiff’s
said legal right.
Right of Action vs. Cause of Action – a remedial right belonging to a person,
while a cause of action is a formal statement of the operative facts that give rise to such
remedial right.
Rule against splitting a single cause of action is intended to prevent repeated
litigation between the same parties in regard to t he same subject of controversy; to
protect the defendant from unnecessary vexation; and to avoid the costs and expenses
incident to numerous suits (NEMO DEBET BIS VEXARE PRO UNA ET EADEM
CAUSA- No man shall be twice vexed for one and the same cause)

Note: If 2 or more complaints are brought for different parts of a single cause of
action, the filing of the first may be pleaded in the abatement of the other or others. This
may be set up either by means of a) motion to dismiss or b) an affirmative defense on the
ground of pendency of another action between the same parties for the same cause or
bar by prior judgment
Note: The rule which determines whether a party has only a single and entire
cause of action for all that is due him and which must be sued in one action, or has a
severable demand for which he maintains separate suits, is whether the entire amount
arises form one and the same act or contract or the several parts arise from distinct and
different acts or contracts.
Entirely distinct and separate contracts give rise to separate causes of action for
which separate actions may be instituted and presented. On the other hand, where
several claims payable at different times arise out of the same transactions, separate
actions may be brought as each liability accounts. But where not action is brought until
more than one is due, all that are due must be included in one action, and that if an
action is brought to recover upon one or more that are due but not upon all that are due,
a recovery in such action will be a bar to several or other actions brought to recover one
or more claims of the other claims that were due at the time the first action was brought.

Cases of splitting cause of action


*recovery of property and damages – cannot be divided into an action for
possession and one for damages
*recovery of ownership of and income from same land
*installments due and unapid
*partition of land and improvements
* non payment of debt secured by mortgage
*non payment of debt secured by a mortgage and a check

Note: When contract is indivisible -in an indivisible contract, the plaintiff should prove
in the first action not only such damages as he has then actually sustained, but also such
prospective damages as he may be legally entitled to recover by reason of the breach.

Section 5- Joinder of causes of action-

Note: Joinder of causes of action is the union of 2 or more civil causes of action, each of
which could be the basis of a separate suit, in the same complaint, declaration or petition. A
plaintiff may under certain circumstances, ,join several distinct demands, controversies or rights
of action in one declaration, complaint or petition. Joinder of causes of action may involve the
same parties or different parties. If the joinder involves different parties, there must be a
common question of fact or law common to both parties joined, arising out of the same
transaction or series of transactions.

Limitations on the permissive joinder of causes of action:


1) The rules on joinder of parties must be observed
2) Special civil actions or actions governed by special rules are not covered
3) In case of different venues or jurisdictions, the joinder may be made in the
Regional Trial Court, provided it has jurisdiction over one of the causes of
action and the venue lies therein.

Note: Under the law piror to BP Bilang 120, the cause of action against the shipping
company, being a maritime case, was exclsuviely cognizable by the Court of First
Instance (now RTC), regardless of the amount of the claim. HOWEVER, under BP

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Bilang 129, maritime cases fall withint he jurisdiction of either the MeTC or the RTC,
depending on the amount of the claim.
4) When all the causes of action are for the recovery of money, the aggregate
amount claimed shall be the test of jurisdiction.

Rule 3 –
Sections 1-22
Parties to Civil Actions – Only natural or juridical persons or entites authorized
by law may be parties in a civil action.

Note: A sole proprietorship is neither a natural person nor a juridical person as


defiend under Art. 44 of the Civil Code.
If an association has no juridical personality, all members thereof myst be
made parties, EXCEPT – when the persons are so numerous that it is impracticable to
join them all as parties, in which case, a number of them may sue or defend for the
benefit of all and 2) 2 or more persons not organized as an entity with juridical
personality enter into a transaction, they may be sued under the name by which they are
generally known.

Note: The State may not be sued without its consent except:
1. When the suit is against the Republic of the Philippines eo nominee
2. When the suit is against a government office or agency without juridical
personality
3. A suite against a government agency covered by a charter with respect to the
agency’s performance of governmental function and
4. When the suit against the officers and agents of government will involve
financial liability of the government.

CONSENT TO BE SUED – HOW CONSENT IS GIVEN –


1. Express, when there is a law that expressly granting authority to sue the
State or any of its agencies.
2. Implied – When the State enters into a private contract; when the State enters
into a business operation, unless it does so only as a necessary incident of it
prime governmental function; when the State sues a private party, unless the
suit is entered into only to resist a claim; when there is failure to abide by
what the law or contract requires.

Section 2 – Parties in interest


A real party in interest is the party who stands to be benefitted or injured by the
judgment in the suit, or th e party entitled to the avails of te suit.
Note: Who are real parties in interest –
1) An assignee for collection of credits
2) A corporation sole
Note: Who are not real parties in interest –
1) An attorney-in-fact
2) An agent of a disclosed principal
3) The general manager of a bank

Section 3- Representatives as parties


Section 4- Spouses as parties – Gen. Rule – husband and wife shall sue or be sued jointly
inasmuch as both of them are co-administrators of the community property under the
Absolute Community of Property, as well as Conjugal Partnership Property
Exceptions – Those provided under the Family Code of the Philippines (a spouse
who without just cause abandons the other or fails to comply with his or her obligations
to the family with respect to martial, parental or property relations, a spouse of age
mortgages, encumbers, alienates or otherwise disposes of his or her exclusive property
and the regime of separation of property governs the property relations between the
spouses.

Section 5 – Minor or incompetent persons


Section 6 – Permissive joinder of parties
Requisites: 1) the right to relief in respect to or arising out of the same transaction
or series of transactions and
3) Common question of law or fact in the action.

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Section 7 – Compulsory Joinder of Indispensable Parties – Parties in interest without
whom no final determination can be had of an action shall be joined either as plaintiffs
or defendants.

Note: An INDISPENSABLE PARTY is a party who has such an interest in the


controversy or subject matter that a final adjudication cannot be made in his absence
without injuring or affecting that interest. A person is not an indispensable party is his
interest in the controversy of subject matter is separable from the interest of the other
parties, so that I will not necessarily be directly or injuriously affected by a decree which
does complete justice between them.

Examples:
a) An action for the partition of an undivided interest in land cannot be
maintained unless all the co-owners are made parties to the action
b) Under Art. 487 of the Civil Code, any of the co-owners may bring an action
for ejectment
c) A co-owner is an indispensable party defendant
d) The vendee is an indispensable party in an action for annulment of a contract
of sale
Note: Effect of non-joinder of indispensable parties – not a ground for dismissal of an
action. The remedy is to implead the non-party claimed to be indispensable.

INDISPENSABLE VS NECESSARY PARTY – an indispensable party is one


whose interest will be affected by the court’s action in the litigation, and without whom
no final determination of the case can be hand. A necessary party is one whose interest
in the controversy or subject matter is distinct and divisible from the interest of the other
parties and will not necessarily be prejudiced by a judgment which does complete
justice to the parties in the court. AN INDISPENSSABLE PARTY SHOULD BE JOINED
UNDER ANY AND ALL CONDITIONS, HIS PRESENCE BEING A SINE QUA NON
FOR THE EXERCISE OF JUDICIAL POWER. A NECESSAYR PARTY’S PRESENCE
WOULD MERELY PERMIT COMPLETE RELIEF BETWEEN HIMA DN THOSE
ALREADY PARTIES TO THE ACTION, OR WILL SIMPLY AVOID MULTIPLE
LITIGATION.

Section 8 – NECESSARY PARTY- a necessary party is one who is not


indispensable but who ought to be joined as a party if complete relief is to be accorded
as to those already parties for a complete determination or settlement of the claim
subject of the action.

Examples - co-owners of a promissory note are all necessary parties in an action


for collection; the principal is not a necessary party in an action against the surety who
has bound himself jointly and severally with the principal.

Section 9 – Non-joinder of necessary parties to be pleaded – the failure of the


pleader asserting a claim to explain to the satisfaction of the court the non-joinder of a
necessary party or to comply with the order of the court for his incusion, shall be
deemed a waiver of the claim against such necessary party if jurisdiction over his person
may be obtained.

Section 10 – Unwilling co-plaintiff = If the consent of any party whko should be


joined as plaintiff cannot be obtained, he may made a defendant and the reason therefor
shall be stated in the complaint.
Section. 11 – Misjoinder and non-joinder of parties – Not a ground to dismiss an
action. The court shall order the joinder of such party and non-compliance with the said
order would be a ground to dismiss the action.

Section 12 – Class Suit Requisites:


1) The subject matter of the controversy is one of common or general interest to
many persons and
2) The interested persons are so numerous that it is impracticable to join them
all as parties
3) The parties bringing the class suit are sufficiently numerous or representative
of the class and can fully protect the interests of all concerned.

PART 5

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Section 12, Rule 3 – Class Suit Requisites:
The subject matter of the controversy is one of common or general interest to many persons and
The interested persons are so numerous that it is impracticable to join them all as parties
The parties bringing the class suit are sufficiently numerous or representative of the class and
can fully protect the interests of all concerned.

Examples: 1) An Action filed against the officers of a voluntary association to wind up its affairs
and enforce an accounting for money and property in their possession, it is not necessary to
implead all the members of the said association to the complaint or petition. It is enough that
plaintiff adds “in their own behalf and in behalf of other members of ABC Association” to the
names of parties-plaintiffs.
2) Suits brought by stockholders or members of a corporation based on the wrongful or
fraudulent acts of directors or other persons, where the wrong is done to a group of
stockholders, as in the case of violation of preferred stockholders’ rights.

Sec. 13- Alternative defendants – Where the plaintiff is uncertain against who of several persons
he is entitled to relief, he may join any or all of them as defendants, in the alternative, although
a right to relief against one may be inconsistent with a right of relief against the other.

Sec. 14 -Unknown identity or name of defendant – Service of summons upon a defendant


whose identity is unknown may be made by publication in a newspaper of general circulation
pursuant to Sec. 14, Rule 14.

Sec. 1 5 – Entity without juridical personality as defendant -This section is not limited to a
business entity as it was under the old rule. Two or more persons transacting as an entity
without juridical personality may be sued under the name by which they are generally or
commonly known, but they cannot sue under such name. Service of summons may be effected
upon all defendants by serving upon any one of them, or upon the person in charge of the office
or place of business maintained under such name.

Sec. 16- Death of Party – Duty of Counsel –

Death of the client terminates the attorney-client relationship. Attorneys are agents of
their clients and thus upon the death of the latter, the relationship between them is terminated.

Ferreira et al. vs. Vda. De Gonzales, et. al (104 Phil. 145) –


During the pendency of the case, the counsel for the plaintiff filed a motion for
substitution of the deceased defendant which was granted, but no valid substitution was
effected. Thereafter, a judgment was subsequently rendered against the defendant’s heir and a
writ of execution was issued. The SC held that the court never acquired jurisdiction over the
heir for the purpose of making her a party to the case and making the decision binding upon
her personally or as legal representative of the deceased.

Vda. De Dela Cruz vs. CA (88 SCRA 695) – the defendant died before the judgment was
rendered and that fact was made known to the court. The SC held that the continuance of a
proceeding when pa party dies without a valid substitution amounted to lack of jurisdiction
and that the need of substitution is based on the right of a party to due process.

Lawas vs. CA (146 SCRA 173) – The former counsel for the deceased defendant filed a
notice of death and manifested in open court that with the death of his client, their contract with
him was terminated and none of the heirs of the deceased had renewed the contract. Despite
this, the court continued the trial of the case and rendered judgment against the heirs. The SC
held that the proceedings conducted by the trial court after the death of the defendant were null
and void.

NOTE: The rule on substitution by the heirs is not a matter of jurisdiction, but a
requirement of due process. It was designed to ensure that the deceased party would continue
to be properly represented in the suit through his heirs or duly appointed legal representative
of his estate.

If there is no notice of death of party, however, and the court has no knowledge thereof,
the proceedings are not set aside.

16
Florendo, Jr. vs. Coloma – The court rendered judgment against the plaintiff. The
plaintiff died pending appeal, but there was no notice of death and substitution. The SC held
that the appellate court could not be expected to know of the death of the plaintiff without the
proper manifestation of her counsel and the appellate court was well within its jurisdiction to
proceed as it did with the case.

Bonifacio vs. Dizon – The trial court rendered judgment ejecting the defendants. The
said decision was affirmed on appeal by the CA. The plaintiff died during the pendency of the
appeal at the SC but there was no notice of death or substitution. The heirs moved for the
execution of the judgment. The defendants filed a petition for certiorari to the SC, and the SC
upheld the right of the heirs to the execution, adopting the ruling in Florendo Jr vs. Coloma.

Duty of Counsel under Sec. 16 – To inform the court within 30 days after the death of
his client of the fact of death, and to give the name and address of the deceased’s legal
representative/s. This is the only representation that counsel can undertake after the death of
client as the fact of death terminated any further lawyer-client relationship.

Sec. 16, Rule 3 is clear – the heirs of the deceased may be allowed to be substituted for the
deceased, without requiring the appointment of an executor or administrator. HENCE, the
ruling of the SC in the case of Lawas vs. CA (146 SCRA 173) providing that priority is given to
the legal representative of the deceased (the executor or administrator) and that it is only in case
of unreasonable delay in the appointment of an executor or administrator, or in cases where the
heirs resort to an extra-judicial settlement of the estate that the court may adopt the alternative
of allowing the heirs of the deceased to be substituted for the deceased, IS NO LONGER TRUE.

Sec. 17 – Death or separation of a party who is a public officer -under the new provision, it is no
longer necessary to aver that the law enforced by the predecessor in office is in violation of the
Constitution of the Philippines. It is enough hat it is satisfactorily shown to the court by any
party that there is substantial need to continue or maintain the suit against the successor and
that the successor adopts or continues or threatens to adopt or continue the action of his
predecessor.

Sec. 18 – Incompetency or incapacity – Action survives in case of incompetency or incapacity


and it may be continued by or against the said incompetent or incapacitated persons assisted by
his legal guardian or guardian ad litem who is his legal representative.

Sec. 19 – Transfer of interest – Joinder of or substitution by the transferee is not mandatory. A


transferee pendetne lite does not have to be included or impleaded by name in order to be
bound by t he judgment. The original plaintiff holds the fruits of the litigation , if successful, int
rus for the benefit of his transferee. A transferee pendente lite is a proper party but NOT AN
INDISPENSABLE PARTY.

Part 6

Sec. 20 – Action on contractual money claims – When the action is for recovery of money arising
from contract, express or implied, and the defendant dies before entry of final judgment in the
court in which the action was pending at the time of such death, it shall not be dismissed but
shall instead be allowed to continue until entry of final judgment. A favorable judgment
obtained by the plaintiff therein shall be enforced in the manner especially provided in these
Rules for prosecuting claims against the estate of a deceased person.
Note: Under the former rule, if the defendant dies before the RTC has rendered a
judgment, the action is dismissed and the plaintiffis required to file a money claim against the
estate of the deceased. After the curt has rendered judgment, and the defendant dies pending
appeal, the action is not dismissed and the deceased defendant is substituted by his executor or
administrator or legal heirs. However, if a final judgment is entered against the estate of the
decease, the same will have to be enforced as a money claim without need of proving the same.

New rule: the death of the defendant does not affect a pending action for money,
whether the death occurs while the case is pending in a MTC, RTC or appellate court. The
defendant is substituted by his executor or administrator or legal heirs and the action continues
until a final judgment is entered. Once a final judgment is entered against the estate of the
deceased, it shall be enforced as a money claim without need of proving the same.

New Rule: If a writ of attachment has been issued and levied, the death of the defendant
at whatever stage of the action would not be a ground for the dismissal of the action and the

17
dissolution of the writ of attachment. If judgment is entered against the estate of the deceased
defendant, the same shall be enforced as a money claim, and the writ of attachment obtained by
the plaintiff which has not been dissolved will entitle him to preference over the other creditors
against the estate.

Sec. 21 – Indigent Party-


Under Sec. 19, Rule 141, Rules of court, an indigent litigant is one a) whose gross income
and that of his immediate family does not exceed the amount double the monthly minimum
wage of an employee and b) does not won real property with a fair market value of more than
P300,000.00.

Sec. 22- Notice to the Solicitor General – Court may require the appearance of the SOL
Gen who may be heard in person or through a representative duly designated by him in any
action involving the validity of a treaty, law, ordinance, executive order, presidential decree,
rules or regulations.

RULE 4 -VENUE OF ACTIONS

Sec. 1 – Actions affecting title to or possession of real property, or any interest therein,
shall be commenced and tried in the proper court which has jurisdiction over the area wherein
the real property involved, or a portion thereof, is situated.

Forcible entry and detainer actions shall be commenced and tried in the municipal trial
court of the municipality or city wherein the real property involved, or a portion thereof, is
situated.

Note – Real actions are those affecting title to or possession of real property (partition,
expropriation, foreclosure of mortgage
Venue- the court which has territorial jurisdiction over the area wherein the real
property involved or a portion thereof is situated.
Examples: an action to annul a deed of sale of real property and to obtain a judicial
declaration that plaintiff is the owner thereof; an action for annulment or rescission of the sale of
land or building; an action praying that a certificate of title to land be declared null and void; an
action to annul the extrajudicial foreclosure of real property; an action to redeem filed by the
mortgage debtor; an action for cancellation of real mortgage.

Note: When a contract of mortgate covers various parcels of land situated in different
providence, the RTC of any of said provinces has jurisdiction to take cognizance of an afiton for
foreclosure of said mortgage.

Sec. 2 – VENUE OF PERSONAL ACTIONS

All other actions may be commenced and tried where the plaintiff or any of the principal
or any of the principal plaintiffs resides, or where the defendant or any of the principal
defendants resides, or in the case of a non-resident defendant where he may be found, at the
election of the plaintiff.
Note: Same rule applies to both RTC and MTC.

Note: “RESIDENCE” - the permanent home, the place of which, whenever absent for
business or pleasure, one intends to return. It is synonymous with DOMICILE.

Note: The following actions are considered PERSONAL ACTIONS: 1) an action to annul
cancellation of award of a house and lot; 2) an action for cancellation of real estate mortgage
(mortgagor retains ownership or possession of the mortgaged property); 3) an action for the
recovery of damages is purely personal (despite the prayer for writ of prel. Injunction to
restrain the spouse from selling certain parcels of land belonging to the conjugal partnership.

Sec. 3 – Venue of Actions against non-residents -If any of the defendants does not reside
and is not found in the Philippines, and the action affects the personal status of the plaintiff, or
any property of said defendant located in the Philippines, the action may be commenced and
tried in the court of the place where the plaintiff resides, or where the property or any portion
thereof is situated or found.

PART 7

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Sec. 11, Rule 6 – Third-Party Complaint/Fourth, etc.
A third (fourth, etc.) party complaint is a clam that a defending party may, with
leave of court, file against a person not a party to the action, called the third (fourth, etc.)
party defendant, for contribution, indemnity, subrogation or any other relief, in respect
of his opponent’s claim. A third party complaint may be filed by a defendant in respect
to the complaint, by a plaintiff in respect to the counterclaim, or by a co-party in respect
to the cross-claim.

If a court has jurisdiction over the main action, it has jurisdiction over a 3 rd party
complaint which is ancillary thereto. Third party complaint has to yield to the
jurisdiction and venue of the main action. It is not proper in an action for declaratory
relief.

Note: The third party complaint is a procedural device whereby a “third party”
who is neither a party nor privy to the act or deed complained of by the plaintiff, may be
brought into the case with leave of court, by the defendant, who acts as 3 rd party
defendant a right for contribution, indemnity, subrogation or any other relief, in respect
of the plaintiff’s claim.

Sec. 12, Rule 6 – Bringing new parties –

When the presence of parties other than those to the original action is requited
for the granting of complete relief in the determination of a counter-claim or cross-claim, the
court shall order them to be brought in as defendants, if jurisdiction over them can be obtained.

Note: Summons must be served with a copy of the counterclaim on the 3 rd party, as
otherwise he court will not acquire jurisdiction over his person.

Note – Sec. 12 (bringing new parties) is different from Sec 11 (3rd party complaint). A 3rd
party complaint is proper when not one of the 3rd party defendants therein is a party to a main
action.

Sec. 13 – Answer to 3rd (4TH, ETC.) Party Complaint –

A 3rd party (or 4th etc) defendant may allege in his answer his defenses, counterclaims or
cross claims, including defenses that the 3rd (or 4th etc) party plaintiff may have against the
original plaintiff’s claim. In proper cases, he may also assert a counterclaim against the original
plaintiff in respect of the latter’s claim against the 3rd party plaintiff.

RULE 7 – PARTS OF A PLEADING

Sec. 1, Rule 7 – Caption - The caption sets forth the name of the court, the title of the action and
the docket number if assigned.

The title of the action indicates the names of the parties. They shall be named in the
original complaint or petition; byt in subsequent pleadings, it shall be sufficient if the name of
the first party on each side be stated with an appropriate indication when there are other
parties.

Their respective participation in the case shall be indicated

Sec. 2 – (The body, paragraphs, headings and relief)

Each cause of action must contain all of the essential facts necessary to constitute a cause
of action, but where a complaint contains 2 or more causes of actions, allegations contained in
one cause may be incorporated in the other by express reference without the necessity of
rewriting the same in the second cause.

Sec. 3 – Signature and address - Every pleading must be signed by the party or counsel
representing him stating in either case his address which should not be a post office box.

Note – The former rule that every pleading of a party represented by a counsel shall be
signed by the counsel is modified by allowing a party to sign a pleading even if he is
represented by a counsel. AN INADVERTENTLY UNSIGNED PLEADING MAY BE

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REMEDIED, BUT A LAWYER WHO DELIBERATELY FILES AN UNSIGNED PLEADING
MAY BE PENALIZED.

Sec. 4 – VERIFICATION –

Except when otherwise specifically required by law or rule, pleadings need not be under
oath, verified or accompanied by affidavit.

A pleading is verified by an affidavit that the affiant has read the pleading and that the
allegations therein are true and correct of his personal knowledge OR based on authentic
records.

A pleading required to be verified which contains a verification base don “information


and belief” or upon “knowledge, information and belief” or lacks a proper verification shall be
treated as an unsigned pleading.

Note – Basis of verification – The veracity of allegations in a pleading may be affirmed


based on either one’s personal knowledge or on authentic records or both, as warranted.

As a basis for verification, “authentic records” bears significance in petitions wherein the
greater portions of the allegations are based on the records of the proceedings in the court of
origin and/or the court a quo, and not solely on the personal knowledge of the petitioner.

Sec. 5 -CERTIFICATION AGAINST FORUM SHOPPING –

This is based on S.C. Administrative Circular No. 04-94 . It is mandatory but it is not
jurisdictional. Substantial compliance with the Circular is sufficient. Thus, although he
certification was not filed simultaneously with the initiatory pleading, its filing within the
reglementary period was a substantial compliance with the circular (Loyola vs. CA, 245 scra
477.

Note -A.M. 04-94 is also applicable in election cases, but only in a suppletory character.
Moreover, the failure to comply with the non-forum shopping requirements of Sec. 5

Note - The certificate of non-forum shopping should be signed by the party, not hi
counsel, because he is in the best position to know whether or not he has initiated similar
actions or proceedings in different courts or tribunals.

If petitioner is a corporation, the certification must be signed by its duly authorized


director or representative.

A resident agent of a foreign corporation with license to do business in the Philippines


must still be authorized by board resolution to signt he certificate of non-forum shopping.

Note – Instances when forum shopping certification is not required – compulsory


counterclaims; a petition for issuance of writ of possession is not a complaint or initiatory
pleading, thus not required to be accompanied by such certificate.

Note – Non compliance or defect in verification DISTINGUISHED from Non compliane


or defect in certification of non-forum shopping –

a) For verification, non-compliance therewith or a defect therein does not necessarily


rnderthe pleading ftally defective; the court may order its submission or correction
or act on the pleading if attending circumstances are such that strict complaicne with
the Rule may be dispensed with in order that the ends of justice may be served
thereby; For CERTIFICATION AGAINST FORUM SHOPPING, non-compliance
therewith or a defect therein si generally not curable by its susbeqeutn submissionor
correction thereof, unless there is a need to relax the rule on the ground of
substantial compliance or presence of special or compelling reasons.
b) For verification, it is deemed substantially complied with when one who has ample
knowledge to swear to the truth pf the allegaitons in the complaint or petition signed
the verification, and when matters alleged in the petition have been made in good
faith or are true and correct; in CERTIFICATION AGAINST FORUM SHOPPING, it
must be signed by all plaintiffis or petitioners in a case, otherwise those who did not
sign will be dropped as parties to the case. However, under reasonable or justifiable

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circumstances, as when all plaintiffs or petitioners share a common interest and
invoke a common cause of action or defense, the signature of only one of them in the
certification against forum shopping substantially complies with the Rule;

RULE 8 – MANNER OF MAKING ALLEGATIONS IN PEADINGS

Sec. 1, R 8– In general, every pleading shall contain in a methodical and logical form, a concise
and direct statement of the ultimate facts on which the party pleading relies for his claim or
defense, as the case may be, omitting the statement of mere evidentiary facts.

Sec. 2, R 8– Alternative causes of action or defenses –

Note – Alternative causes of action or defenses should be distinguished from alternative


reliefs. A single cause of action may entitle a party to 2 alternative reliefs.
Ex – a breach of contract entitles the plaintiff to either SPECIFIC PERFORMANCE OF
RESCISSION.

Note- Alternative allegations – there are cases where facts, essential to the plaintiff’s
cause of action, are within the knowledge of the defendant but of which the plaintiff is so
imperfectly informed that he cannot state them with certainty, even on ifnromation and belief.
He may plead, in the alternative. Facts which are dobtful but wholly within the defndant’s
knowledge and call upon the defendant to make a full disclosure of these facts.

Ex – the averment for quasi-delict, while incompatible with the other claim under
contract of carriage, is permissible under Sec. 2 of Rule 8, which allows a plaintiff to allege
causes of action in the alternative, whether these are compatible with each other or not.

Note - HYPOTHETICAL ALLEGATIONS


Ex- The defendant alleges that he was induced to execute the contract by fraud, but
assuming the contract to be valid, the action had already prescribed

Note – INCONSISTENT DEFENSES – A defendant may plead as many defenses and


counterclaims as he may have. hE HAS A RIGHT TOS ET UP NEGATIVE DEFENSES IN ONE
CAUSE OF ACTION AND AFFIRMATIVE DEFENSES IN ANOTHER IN THE SAME
ACTION, AND THE AFFIRMATIVE MATTER IN A SEPARATE DEFENSE OES NOT
OPERATE AS A AWIAVER OR WITHDRAWAL OF A DEFENSE IN ANOTHER PORITION
OF HIS ANSWER. These defenses may be inconsistent with each toher, but it si sufficient that
each is consistent with itself.

Sec. 3, R8 – CONDITIONS PRECET –


In every pelading a general averment of the performance or occurrence of all conditions
precedent shall be sufficient.

Ex- there should be an averment in the complaint that earnest efforts toward a
compromise have been made pursuant to Art. 222 od the Civil Code of the Philippines for it is
well settled that the attempt to compromise as well as the inability to succeed s a condition
precedent to the filing of suite between members of the same family. Failure to do so makes the
complaint defective and the vice may ne assailable at any stage of the proceedings, even on
appeal, for lack of cause of action.

Sec. 4 – CAPACITY-

In order to maintain a n action in court, the plaintiff must have an actual legal existence,
that is he or she must be a persn in law and possessed of a legal entity as either a natural or
artificial person.

Note – Specific negative averment or specific denial – IF A DEFENDANT WISHES TO


RAISE AN ISSUE AS TO THE PLAITNIFF’S LEGAL CAPACITY TO SUE, HE MAY FILE A
MOTION TO DISMISS ON THAT GROUND, OR SET IT UP AS AN AFFIRMATIVE DEFENSE
IN THE ANSWER.
On THE OTHER HAND, IF THE DEFENDANT WISHES TO RAISE AN ISSUE AS TO
HIS LEGAL CAPACITY TO BE SUED, HE MAY QUESTION THE JURISDCITION OF THE
COURT OVER HIS PERSON. In either case, the defendant may deny the allegation of capacity

Sec. 4, R8 – FRAUD, MSITAKE, CONDITION OF MIND –

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In all averments of fraud or mistake, the circumstances constituting fraud or mistake
must be stated with particularity. Malice, intent, knowledge or other condition of the mind of a
person may be averred generally.

Note – Deceit, machination, false pretenses, misrepresentation and threats are largely
conclusions of law and mere allegations thereof without a statement of the facts to which such
terms have reference are not sufficient. iT IS PROPER FOR THE TRIAL COURT TO GRANT A
DEFENDANT’S MOTION FOR bill of particulars, AND WHEN PLAINTIFF FAILS TO
COMPLY WITH THE RDER, THE TRIAL COURT MAY CORRECLTY DISMISS THE
COMPLAINT.

Sec. 6, R8 – JUDGMENT – In pleading a judgment or decision of a domestic or foreign court,


judicial or quasi judicial tribunal or of a board or officer, it is sufficient to aver the judgment or
decision without setting forth the matter showing jurisdiction to render it.

Sec. 7, R8 -Action or defense based on document

This applies when either the cause of action or the defense is based on a written
document. Ex – where the defense is anchored on a deed of sale, the plaintiff must deny its due
execution under oath if the plaintiff’s theory is that he has never disposed of his property.

PART 8
Sec. 7, Rule 8 –
Note 1 – How to plead an action or defense based on the document –
a. The substance of the document must be set forth in the pleading and
b. The original or a copy of the document shall be attached to the pleading as an
exhibit,
or said copy shall be set forth in the pleading.

Examples of actionable document –


- A promissory note in an action to collect the amount thereof
- A deed of real estate mortgage in an action to foreclose the mortgage
- A written contract in an action to enforce or rescind the same.

Example of non-actionable documents – Plaintiff was suing in on a written contract of


lease,
but not on the letters recited in the complaint. The letters might have some evidentiary
value
but evidence, even in writing, does not necessarily have a proper place in the pleadings.
Thus,
the letters need not be denied under oath.

Sec. 8, R8 – How to contest actionable documents –


When an action or defense is founded upon a written instrument, copied in or attached to the
corresponding pleadings as provided in the preceding section, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse party, under oath,
specifically denies them, and sets forth what he claims to be the facts; but the requirement of an
oath does not apply when the adverse party does not appear to be a party to the instrument or
when compliance with an order for an inspection of the original instrument is refused.

Note 2 – Genuineness vs. Due Execution

Genuineness – an instrument is genuine when it is not spurious, counterfeit, or of


different import on its face from the one executed; it also means that the party whose signature
it bears really signed it and that at the time it was signed, it was in words and figures exactly as
set out in the pleading of the party relying on it.

Due execution – means that if signed by an agent, it was with the authority of the
principal and where the name of a corporation is signed to the document which is the basis of
an action, that the officer executing the contract had authority to bind the corporation and that
the corporation had the capacity to enter into the contract.

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Note 2 – How to deny GENUINENESS and DUE EXECUTION OF ACTIONABLE
DOCUMENT –

The defendant must declare under oath that he did not sign the document or that it is
otherwise false or fabricated. The statement in the answer to the effect that the instrument was
procured by fraudulent representation does not raise any issue as to its genuineness or due
execution. On the other contrary, it is an admission both of the genuineness and due execution
thereof since it seeks to avoid the instrument upon a ground not affecting either.

Note 3 – ADMISSION OF GENUINENESS AND DUE EXCUTION MEANS that the


party whose signature it bears admits that he voluntarily signed the document or it was signed
by another for him and with his authority, that at the time it was signed it was in words and
figures exactly as set out in the pleading of the party relying upon it; that the document was
delivered and that the formalities required by law, such as a seal, an acknowledgment, or
revenue stamp, which it lacks are waived by him.

Note 4 – Defenses waived by admission –


a) Forgery of the signature
b) Unauthorized signature, as in the case of an agent signing for his principal, or one
signing in behalf of a partnership or a corporation
c) The corporation was not authorized under its charter to sign the instrument
d) The party charged signed the instrument in some other capacity than that alleged in
the pleading setting it out.
e) At the time the document was signed, it was not in words and figures exactly as set
out in the pleading
f) The document was never delivered.

Note 5 – Defenses NOT WAIVED- New matters such as:


a) Payment
b) Want or illegality of consideration
c) Fraud
d) Mistake
e) Compromise
f) Statute of limitations
g) Estoppel
h) Duress
i) Minority or imbecility

Note 6 – SPECIFIC DENIAL UNDER OATH MUST BE BASED ON EPRSONAL


KNOWLEDGGE – The defendant must declare under oath that he did not sign the
document or that it is otherwise false or fabricated.

Sec.9, R8 – In pleading an official document or official act, it is sufficient to aver that the
document was issued or the act done in compliance with the law.

Sec. 10, R8 – SPECIFIC DENIAL – A defendant must specify each material allegation of fact the
truth of which he does not admit and, wherever practicable, shall set forth the substance of the
matters upon which he relies to support his denial. Where a defendant desires to deny only
part of an averment, he shall specify so much of it as is true and material and shall deny only
the remainder. Where the defendant is without knowledge or information sufficient to form a
belief as to the truth of a material averment made in the complaint, he shall so state, and this
shall have the effect of a denial.

Note 7 – Rationale of requiring the defendant to make a specific denial is to make him
disclose the matters alleged in the complaint which he succinctly intends to disprove at the trial,
together with the matter which he relies upon to support the denial.

Note 8 – An alleged “ignorance or lack of information” will not be considered a specific


denial. Sec. 11 R8 also provides that material averments in the complaint other than those as to
the amount of unliquidated damages shall be deemed admitted when not specifically denied.

Note 9 – Three (3) Modes of Specific denial –


a) By specifying each material allegation of the fact sin the complaint, the truth of
which the defendant does not admit, and whenever practicable, setting forth the
substance of the matters which he will rely upon to support his denial;

23
b) By specifying so much of an averment in the complaint as it is true and material and
denying the remainder and
c) By stating that the defendant is without knowledge or information sufficient to form
a belief as to the truth of a material averment in the complaint, which has the effect
of a denial.

Note 10 – NEGATIVE PREGNANT is not a specific denial – Where a fact is alleged with
some qualifying or modifying language and the denial is conjunctive, a negative
pregnant” exists, and only the qualification or modification is denied, while the fact
itself is admitted. A denial in the form of negative pregnant is an ambiguous pleading,
since it cannot be ascertained whether it is the fact or only the qualification that is
intended to be denied.

A “negative pregnant” is a denial pregnant with the admission of the substantial


facts in the pleading responded to which are not squarely denied. IT IS, IN EFFECT, AN
ADMISSION OF THE AVERMENTS IT WAS DIRECTED AT.

Sec. 11, R8 – Allegations not specifically denied deemed admitted .

Note 11 – Liquidated damages are deemed admitted when not specifically denied.

Note 12 – Allegation of usury if not denied under oath shall be deemed admitted. BUT
the rule does not apply where it is the defendant, not the plaintiff, who is alleging usury.

Note 13- Effect of failure to specifically deny an allegation (other than liquidated
damages) is tantamount to an admission of the same.

Sec. 12, R 8 – Striking out of pleading – Allegations of merely evidentiary or immaterial facts
may be expunged from the pleading or may be stricken out on motion.

RULE 9 - EFFECT OF FAILURE TO PLEAD

Sec. 1 R9 - Defenses and objections not pleaded either in a motion to dismiss or in the answer
are deemed waived. However, when it appears from the pleadings or the evidence on record
that the court has no jurisdiction over the subject matter, that there is another action pending
between the same parties for the same cause, or that the action is barred by a prior judgment or
by statute of limitations, the court shall dismiss the claim.

Note 14 – General Rule – Defenses and objections not raised in a motion to dismiss or in
the answer, are deemed waived.
Exceptions –
a) Lack of jurisdiction over the subject matter
b) Pendency of another action between the same parties for the same cause
c) Bar by prior judgment
d) Statute of limitations

If such grounds (exceptions) appear from the pleadings or the evidence on record, the
court shall dismiss the claim. THUS, the authority of a trial court to dismiss a case
MOTU PROPRIO is limited to such 4 instances.

Note 15 – Lack of jurisdiction over the subject matter may be raised at any stage of the
proceedings, even on appeal. Except for the ruling in Tijam vs. Sibonghanoy where the defense
of lack of jurisdiction over the subject matter may be considered barred by estoppel or by
laches, such that the party can no longer invoke the jurisdiction of the court to secure
affirmative relief against his opponent, and after obtaining or failing to obtain such relief,
repudiate or question that same jurisdiction for the firs time on appeal.

Note 16 – La Naval Drug Corp. vs CA ruling summarized the rule as follows:

a) Jurisdiction over the person must be seasonably raised, i.e. that it is pleaded in a
motion o dismiss or by way of an affirmative defense in an answer. Voluntary
appearance shall be deemed a waiver of this defense.
b) Where the court itself clearly has no jurisdiction over the subject matter or the nature
of the action, the invocation of this defense may be done at any time.

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Note 17 – Statute of limitations – In PNB vs. Perez, 16 SCRA 270, the Court held that the
rule on waiver does not apply when the plaintiff’s complaint or evidence shows that the
cause of action is already barred by prescription (reiterated in PNB v.s Pacific
Commission House, Ferrer vs. Ericta and Aznar III vs. Bernad.

Sec. 2, R9 – Compulsory counterclaim, or cross-claim, not set up are deemed barred.

Sec. 3, R9- DEFAULT, declaration of –

Note 18 – Amendments of the former rule on DEFAULT –

a ) The defendant must be notified of the motion to declare him in default and of the
order of default;
b)Upon declaration of default, the court shall render judgment on the basis of the
complaint;
c) However, the court may, in its discretion, require the plaintiff to present evidence
before rendering judgment;
d) The party in default is entitled to notice of subsequent proceedings, but not to take
part in the trial
e) He may file a motion under oath to set aside the order of default at any time after
notice thereof and before judgment
f) When a complaint states a common cause of action against several defendants, some
of whom answer and the others do not BUT the answer alleges a common defense,
the court shall try the case against all upon the answer filed and render judgment
upon the evidence presented.
g) No unliquidated damages may be awarded.

Note 19 – REQUISITES BEFORE A PARTY MAY BE DECLARED IN DEFAULT –


a) The court has validly acquired jurisdiction over the person of the defending arty
either by service of summons or voluntary appearance;
b) The defending party failed to file the answer within the time allowed therefore;
c) The claiming party filed a motion asking the court to declare the defendant in
default;
d) The defending party must be notified of the motion to declare him in default;]
e) The claiming party must prove that the defending party has failed to answer within
the period provided by the Rule
f) Pursuant to Sec. 4 Rule 15, the motion to declare the defendant in default must be
heard.

Note 20 – Where no defaults are allowed-


a) In an action for annulment or declaration of nullity of marriage
b) In an action for legal separation

Note 21 – REMEDIES OF A PARTY DECLARED IN DEFAULT –


1)THE DEFNEDANT IN DEFAULT MAY, AT ANY TIME AFTER DICVERY THEREOF
AND BEFORE JDUGMENT, FILE A MOTION UNDER OATH TO SET ASIDE THE
ORDER OF DEFAULT ON THE GROUND THAT HIS FAILURE TO ANSWER WAS
DUE TO FRAUD, ACCIDNT, MISTAKE OR EXCUSABLE NEGLIGENCE AND THAT
HE HAS A MERITORIOUS DEFENSE;
2) If the judgment has already been rendered when the defendant discovered the
default, but before the same has become final and executory, he may file a motion for
new trial under Sec. 1 (a) R 37;
3) If the defendant discovered the default after the judgment has become final and
executory, he may file a petition for relief under Sec. 2, R38
4) he may also appeal from the judgment rendered against him as contrary to the
evidence or to the law, even if no petition to set aside the order of default has been
presented by him.

RULE10 – AMENDED AND SUPPLEMENTAL PLEADINGS

Sec. 1, R10 – Pleadings may be amended by adding or striking out an allegation or the name of
any party, or by correcting a mistake in the name of a party or a mistaken or inadequate
allegation or description in any other respect, so that the actual merits of the controversy may
speedily eb determined, without regard to technicalities, and in the most expeditious and
inexpensive manner.

25
Sec. 2, R10 – AMENDMENTS AS A MATTER OF RIGHT –
A party may amend his pleading once as a matter of right at any time before a responsive
pleading is served or, in the case of a reply, at any time within 10 days after it is served.

Note 22 – An answer is a responsive pleading, BUT a motion to dismiss is not.

Note 23 – If new causes of action are alleged in an amended complaint filed before the
defendant has appeared in court, another summons must be served on the defendant with the
amended complaint; otherwise, the court has no jurisdiction to render judgment on the new
causes of action.

Sec. 3, R10 – AMENDMENTS BY LEAVE OF COURT

Note 24 – The old rule was amended on 2 points:


a) First, after the service of the responsive pleading, an amendment requires leave of
court
b) Such amendment may substantially alter the cause of action or defense.
Note 25- An answer containing a general denial may be amended so as to contain a
specific denial.

Note 26 – A defendant cannot, after defendant’s answer, amend his complaint by


changing the cause of action or adding a new one without previously obtaining leave of
court.

Note 27 – Lack of plaintiff’s capacity to sue may be raised by amendment after both
parties had already rested their cases.

Note28- Q: May a complaint stating no cause of action be cured by amendment?


A: Yes, if in fact, a cause of action exists but the statement thereof is defective for
failure to allege essential facts.

Note 29 – A cause of action which has not yet accrued cannot be cured by amended or
supplemental pleadings.

Note 30 – A new cause of action included in an amended complaint does not relate back
to the date of the filing of the original complaint under the statute of limitations.

Sec. 4, R10 – Formal amendments – A defect in the designation of the parties and other clerical
or typographical errors may be summarily corrected by the court at any stage of the action, at
its initiative or on motion, provided no prejudice is caused thereby to the adverse party.

Note 31 – Complaint may be amended by substituting the real party in interest as party
plaintiff after the case had been submitted to the SC for decision upon the merits.

Sec. 5, R10 – Amendment to conform to or authorize presentation of evidence – When issues not
raise dby the pleadings are tried with the express or implied consent of the parties, they shall be
treated in all respects as if they had been raised in the pleadings. Such amendment of the
pleadings as may be necessary to cause them to conform to the evidence and to raise these
issues may be made upon motion of any party at any time, even after judgment, but failure to
amend does not affect the result of the trial of these issues…

Note 32 – The rule allows a complaint which states no cause of action to be cured either
by evidence presented without objection or, in the event of an objection sustained by the court,
by an amendment of the complaint with leave of court.

Note 33- When a party presents evidence of an essential fact no alleged in his pleading
and the adverse party does not object to it, that is, where an issue not raised by the pleading is
tried by express or implied consent of the parties, it is not necessary to amend the pleading in
order to make it conform to the evidence.

Sec. 6, R10 -Supplemental pleadings – Upon motion of a party the court may, upon reasonable
notice and upon such terms as are just permit him to serve a supplemental pleading setting
forth transactions, occurrences or events which happened since the date of the pleading sought
to be supplemented.

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Note 34 – Amended vs. Supplemental Pleadings

Amended pleadings are proper in order to allege facts which occurred prior to the filing
of the original pleadings, but which for some reason, such as oversight, inadvertences or
subsequent discovery, were not alleged therein, whereas, SUPPLEMENTAL PLEADINGS are
proper in order to cover matters subsequently occurring but pertaining to the original cause.

Sec. 7, R10 – Filing of amended pleadings – the amended pleading should incorporate the
evdent which have occurred prior to the original pleading in a new copy of the entire pleading.

Sec. 8, R10 – Effect of amended pleadings – they supersede the pleading that it amends.
However, admissions in superseded pleadings may be received in evidence against the
pleading, and claims or defenses alleged therein not incorporated in the amended pleading
shall be deemed waived.

RULE 11 – WHEN TO FILE RESPONSIVE


PLEADINGS

Sec. 1, R11 – The defendant shall file his answer to the complaint within 15 days after service of
summons, unless a different period is fixed by the court.

Sec. 2, R11 – Answer of a defendant foreign private juridical entity.

Note 36- Government officials designated by law to receive summons –

a) Foreign corporation – If at any time a foreign corporation which ahs been granted a
license to transact business in the Philippines shall cease to transact business in the
Philippines or shall be without resident agent in the Philippines on whom any
summons or other legal processes may be served, then service of summons or other
legal processed may be made upon the SEC.
b) Foreign banking corp – upon the BSP in charge of the supervising and examining
departments should there be no Philippine agent designated to receive such.
c) Foreign insurance company – on the Insurance Commissioner if at any time a foreign
insurance company transacting insurance business in the Philippines shall be
without a resident agent authorized to receive such, or shall leave the Philippines, or
cease to transact business herein.

Sec. 3, R11 -Answer to amended complaint –

After service of the answer, the plaintiff will have to obtain leave of court to file an
amended complaint. Leave of court to file a pleading or motion is obtained by filing a motion
for leave accompanied by the pleading or motion sought to be admitted.

Sec. 4, R11 – Answer to counterclaim or cross-claim – A counterclaim or crossclaim must be


answered within 10 days from service.

Sec. R11- Answer to third (fourth, etc.) party complaint- The time to answer a third (or fourth et)
party complaint shall be governed by the same rule as the answer to the complaint.

Sed. 6, R11 – Reply – A reply may be filed within 10 days from service of the pleading
responded to.

Sec. 7, R11 – Answer to supplemental complaint – within 10 days from notice of the order
DMITTING THE SUPPLEMENTAL COMPLAINT, UNLESS A DIFFERENT PERIOD IS FIXED
BY THE COURT.

Sec.. 8, R11 – Existing counterclaim or cross-claim – A compulsory counterclaim or a cross-claim


that a defending party has at the time he files his answer shall be contained therein.

Sec. 9, R 11 – Counterclaim or cross-claim arising after answer – may be set up, with leave of
court, in a supplemental answer before judgment.

Sec. 10, R11 – Omitted counterclaim or cross-claim – by leave of court, the pleader may set up
the counterclaim or cross-claim by amendment before judgment.

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Sec. 11, R11 – Extension of time to plead – must be filed before the expiration of the time sought
to be extended.

URLE 12 – BILL OF PARTICULARS

Sec. 1, R12 – Before responding to a pleading, a party may move for a definite statement or for a
bill of particulars of any matter which is not averred with sufficient definiteness or particularity
to enable him properly to prepare his responsive pleading. If the pleading is a reply, the motion
must be filed within 10 days from service thereof…

Note 37 – Purpose of bill of particulars – to enable a party to prepare a responsive


pleading, not to prepare for trial.

What are not proper for bill of particulars –


A) A party may not obtain a bill of particulars on the ground that he does not have the
necessary information to prepare a satisfactory responsive pleading, where the
complaint itself is clear and unambiguous.
B) If the party seeks information on evidentiary matters to enable him to prepare for
trial, a motion for bill of particulars should not be granted.

Part 9
RULE 13 -FILING AND SERVICE OF PLEADINGS
JUDGMENTS AND OTHER PAPERS

Sec.2, R13- FILING IS THE ACT OF PRESENTING THE PLEADING OR OTHER PAPER TO
THE CLERK OF COURT, whereas SERVICE is the act of providing a party with a copy of the
pleading or paper concerned.

Note 1 – When a party is represented by counsel of record, service of orders and notices must be
made on said attorney; and notice to the client and to any other lawyer not the counsel of
record, is NOT NOTICE IN LAW. EXCEPT – when service upon the party himself has been
ordered by the court, in these instances ; 1) when the attorney of record cannot be located either
because he gave no address or changed his given address (RIEGO VS. RIEGO, 18 SCRA 91) and
2) an order to show cause why a party should not be punished for contempt for disobeying a
special judgment (Sec. 11, Rule 39, 1997 Rules of Civil Proc)

Sec. 4, R 13 – Papers required to be filed and served – Every judgment, resolution, order,
pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of
judgment or similar papers shall be filed with the court, and served upon the parties affected.

Note 2 – WHAT CONSTITUTES PROMULGATION –


Judgments, resolutions and orders of the court should first be filed with the clerk of
court before they are served on the parties affected thereby. THE ACT OF FILING
CONSTITUTES RENDITION OR PROMULGATION THEREOF.

Note. 3 – With respect to pleadings filed after the original complaint, such pleadings should first
be served on the parties affected before they are FILED with the court.
EX-PARTE WRITTEN MOTIONS ARE NOT REQUIRED TO BE SERVED ON THE PARTIES
AFFECTED, ALTHOUGH THEY NEED NOT BE SET FOR HEARING (Sec. 4, Rule 15, 1997
Rules of Civil Proc)

Sec. 5 – MODES OF SERVICE –


Two modes of service of pleadings:
 Personal service (governed by Sec. 6) and
 Service by mail (governed by Sec. 7)

Note 3 – PROMULGATION IN CRIM. CASES – the reading of the judgment in criminal cases
constitutes the PROMULGATION thereof, and the 15-day to appeal starts from the date of
PROMULGATION and not from the date when a copy of the decision was served on the
appellant’s counsel by registered mail.

Note 4 – SERVICE OF PLEADINGS VS. SERVICE OF SUMMONS

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Service of summons is necessary in order that the court may acquire jurisdiction over the
person of the defendant. Once jurisdiction over the defendant is acquired, the latter may be
served copies of pleadings, personally or by mail.

Sec. 6 – PERSONAL SERVICE –

Note 5 – personal service of papers at the party’s or counsel’s residence should be made on a
person of sufficient age and discretion residing therein, in the same manner of substituted
summons.

Note 6 – SERVICE OF PAPERS VS. SERVICE OF FINAL ORDERS OR JUDGMENTS


Service of papers may be made by personal service, by reg mail, if available, and if not
by ordinary mail or by substituted service. HOWEVER, judgments, final orders or resolutions
shall be served either personally, or by reg. mail, or by publication.

Sec. 7 – SERVICE BY MAIL –

Note 7 – SERVICE BY MAIL (reg) shall be made by depositing a copy in the post office, in a
sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise
at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to
return the mail to the sender after 10 days if undelivered. If no registry service is available in the
locality of either the sender or the addressee, service may be done by ordinary mail.

Sec. 8 – SUBSTITUTED SERVICE

Note 8 – IF SERVCE OF PLEADINGS, MOTIONS, NOTICES, RESOUTIONS, ORDERS AND


OTHER PAPERS CANNOT BE MADE UNDER THE 2 PRECEDING SECTIONS, the office and
place of residence of the party or his counsel being unknown, service may be made by
delivering tye copy to the clerk of court, with proof of failure of both personal service and
service by mail. The service is complete at the time of such delivery.
Substituted service of PLEADINGS AND OTHER PAPERS under this section is different
from substituted service of summons under Sec. 7, R 14.

Sec. 9 – SERVICE OF JDUGMENTS, FINAL ORDERS OR RESOLUTIONS –

Note 9 – If a defendant who had been served with summons subsequently absconds and his
present address is unknown, the court may order that judgments, final orders or resolutions
shall be served on him by PUBLICATION.

Sec. 10 – COMPLETENESS OF SERVICE

Note 10 – PERSONAL SERVICE IS COMPLETE upon actual delivery. SERVICE BY ORDINARY


MAIL is complete upon the expiration of 10 days after mailing, unless the court otherwise
procides.
SERVICE BY REG. MAIL is complete upon actual receipt by the addressee or after 5
days from the date he received the first notice of the postmaster whichever date is earlier.

Note 11 – SERVICE AT THE OLD ADDRESS OF COUNSEL IS VALID

Note 12 – There is no presumption of constructive service.


Postmaster’s certification stating that the first notice of reg. mail was sent should prevail
over the denial of a lawyer that he received the same, as the presumption of regularity in the
performance of official duties applies.

Sec. 11 – PRIORITIES IN MODES OF SERVICE AND


FILING –

Note 13 – WHENEVER PRACTICABLE, the service and filing of pleadings and other papers
shall eb done personally. EXCEPT with respect to papers emanating from the court, a resort to
other modes must be accompanied by a written explanation why the service or filing was not
done personally.

PERSONAL SERVICE AND FILING IS THE GENERAL RULE, and resort to other
modes of service and filing, the exception.

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Sec. 14 – NOTICE OF LIS PENDENS

Note 14 – A notice of LIS PENDENS is an announcement to the whole world that a particular
real property is in litigation, serving as a warning that one who acquires interest over said
property does so at his own risk, or that he gambles on the result of the litigation over the said
property.

2 fold-effect of notice of LIS PENDERS :


1) TO KEEP THE SUBJECT MATTER OF THE LITIGAITON WITHIN THE POWER OF
THE COURT UNTIL THE ENTRY OF THE FINAL JUDGMENT TO PREVENT THE
DEFEAT OF THE FINAL JUDGMENT BY SUCCESSIVE ALIENATIONS and
2) TO BIND A OURCHASER, BOA FIDE OR NOT, OF THE LAND SUBJECT OF TH
ELITIGATION TO THE JUDGMENT OR DECREE THAT THE COURT WILL
PROMULGATE SUBSEQUENTLY.

Note 15 – A notice of LIS PENDENS is appropriate in:


a) An action to recover possession of real estate
b) AN action to quiet title to real property
c) An action to remove clouds on real property
d) An action for partition and
e) Any other proceedings of any kind in court directly affecting the title to the land or
the use or occupation thereof of the buildings thereon.

Note 16v- LIS PENDENS IS NOT APPLICABLE TO:


a) Preliminary attachments
b) Proceedings for probate of wills
c) Levy on execution
d) Proceedings for administration of estate of deceased persons and
e) Proceedings in which the only object is the recovery of money judgment.

Sec. 3, R12 – Compliance with the order – within 10 days from notice of the order, unless a
different period is fixed by the court.

Sec. 4, R12 – Effect of non-compliance – the court may order the striking out of the pleading or
the portions thereof to which the order was directed or make such other order as it deems just.

Sec. 5, R12 – Stay of period to file responsive pleading – moving party may file his responsive
pleading within the period to which he was entitled at the time of filing his motion, not less
than 5 days in any event.

Sec. 6 R12 – Bill is a part of the pleading for which it is intended.

RULE 13 -FILING AND SERVICE OF PLEADINGS


JUDGMENTS AND OTHER PAPERS

Sec.2, R13- FILING IS THE ACT OF PRESENTING THE PLEADING OR OTHER PAPER TO
THE CLERK OF COURT, whereas service is the act of providing a party with a copy of the
pleading or paper concerned.

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