ALBANO LAST MINUTE TIPS

Jurisdiction
Concept
Conferred by law
Even for first time on appeal
What determines the court that vests jurisdiction allegations in the complaint
Civil v. criminal
Unlawful detainer- always MTC
Moral damages cannot be awarded in unlawful detainer
UD- limited to rental
Sum of money
Splitting of causes of action- forum shopping- administration of justice declog docket of
courts
Do not amount damages for determining jurisdiction EXC: if damages is the main cause of
action
Totality Rule
Real action- jurisdiction assessed value of the property 20k, 50k
Reconveyance with prayer for execution of deed of saleREAL ACTION
Right to repurchases (heirs of bautista)- incapable of pecuniary estimatation; title of the
property merely incidental to enforcement of right to repurchase
If the assessed value not in the complaintyou can identify in the attachments in the
complaint (annexes) example tax declaration
What if criminal case?
The nature of the action is determined by the elements in the information
Venue is jurisdictional territoriality
EXCS: continuing crimes (delicto continuado); RA 8042 (migrant workers act) intended to
protect victims of illegal recruitment; libel- people v. benipayoRTC alwayspenalty is
not determinative ;

settlement of estateallege the GROSS VALUE of the estate (Primera case)

jurisdiction can be raised even for first time in appeal
Tijam case: it is a final and executory judgment not applicable in Primera because still
pending in the supreme court.

Incapable of pecuniary estimation

Barangya conciliationmerely a condition precedent; if not raised, waived

Venue is important in barangay conciliation
EXC: agreement between the parties

If there is a compromise in barangay, and not repudiated10 days later becomes final
Modes of executing
1.
2. after 6 mos., go to court (MTC)
if 50M execute compromise, not the value of the money that determines
Chavez case- when there is no compliance in compromiseabandonment of compromise
and then enforcement of the original claim
Either
1. execute
2. abandon and go to court to insist
to go to court= abandonment= rescission of judgment on the compromise
Conclusive presumption

Joinder causes of action

You cannot split causes of action (same transaction or series of transaction or common
questions of law and fact)
If there is acceleration clauseyou cannot split?

Jurisdiction v. Venue
Permissive v. Compulsory Joinder
In criminal?
Demurrer in Civil v. Criminal

PARTIES
Indispensable- there can be no final determination of the rights of the parties
- Failure to implead void judgment
Real party in interest
Necessary
Misjoinder or non-joinder is NOT a ground for dismissal regardless of kind of party
Court can order the party to implead
If despite order, court can dismiss for failure to obey the order of the court (rule 17)
Necessary party- buyer of property pendent lite
- No need to implead
- Again if despite order, fails to implead waiver of claim against the necessary party
Solidary co-debtor is NOT an indispensable party. Because you can claim against anyone
subject to right to reimbursement

Death of party pendete lite

- If volunaty appearance of the heirsno need for substitution any more.

Class suit
Oposa case

Venue
Designed for convenience of plaintiff
Exc: agreement (EXCLUSIVE)
NO motu propriomust be invokedotherwise waived (two sentence answer is the best
answer)
SHALL- not mean exclusivity
To be exclusive, words of exclusivity.
If real property, where property is located.
Foreclosure of mortgage is a real action.
HOWEVER, after the sale, to collect the balance, venue is now your option.
If corporation, look at the articles of incorporation first To know the residence of the
corporation (Davao Light Corporation case)
Suppose contract of sale over immovable property and there is an accessory mortgage over
the proeprty
- Construe contracts together to know the intention of the parties
-

Venue v. jurisdiction
- Matter of procedure/ law
- Waived
- Object of contract

Summary procedure
- Restrictively to attain ends of justice
- What if there is no answer?
- Prohibited pleadings because dilatory if filed

What if no reply, answer alleges an actionable document? Deemed admitted.

Veluz v. Court of Appeals (deemed controverted)
Counterclaims (compulsory and persmissive) when waived
Certification against forum shopping
Verification
If CorporationSPA+ Board resolution of Secretarys certificate
How do you allege an actionable document
How do you deny? Specific and under oath; otherwise, the genuiness and due execution are
deemed admitted. You cannot raise perjury. BUT you can still prove liability because
admission is limited to the GDE.
Partial denial and partial admission
Negative pregnant (Republic v. Sandiganbayan- forfeiture proceedings against the
Marcoses, the foundations 600billion dollars were deposited)- good faith and bad faith
Amendment of pleadings
- Matter of right- prior to responsive pleading; MTD is not a responsive pleading
therefore amendment is still a matter of right
- Matter of discretion- answer has been served
- As long as it will cause no delay and not prejudice subject to discretion of the court.
Can you amend the pleading to change cause of action? YES. SC has become liberal. As long
as no delay and no prejudice (WGMA v. PPA first filed a declaratory relief converted to
specific performanceallowed!)
Can you prove a factual matter not alleged? YES. Amendment to conform to evidence.
Amendment v. Supplemental
Amendmentas of the filing of the original. supersedes; change cause of action
Supplementalsuddenly became due and demandable AFTER the filing of the original
pleading. stand together; no changing of cause of action
Motion to declare defendant in default
 - Remedies depend on stage of the proceedings.
o Motion to lift order of default
o MNT
o Appeal
o Petition for Relief
o Annulment of judgment
o Certiorari if GADALEJ and there is no speedy remedy

Cause of action against 2 persons and default against one

- In the meantime, render judgment as against the non-defaulting that will inure even
as against the defaulting
Bill of particulars
Rule 13- serve with party, file with court.
Can you serve through private courier? Bautista v. Bautista case; akin to ordinary mail
- Date of posting is the date of filing if registered mail
- If ordinary mail,

Requirement of personal service

- Reason for the requirementspeed administration of justice
- If not personalexplanation

How does the court acquire jurisdiction over the plaintiff/defendant

Plaintiff: file initiatory and payment of docket fees
Note substantial compliance
Diligent efforts have to be exerted
Sufficient age and discretion AND residence of the place
Strict compliance if substituted service of summons (Macasaet case)
Because in derogation of the normal service

Summons by publication (Santos case)

Padala Express case
Before publication, must exert efforts to personal substituted return motion for
leave to publish summons in newspaper of general circulation
Sec. 14
Converion to quasi in rem by attaching the property in the Philippines
Quasi in rem and in rem actions
Rules on service of summons

Motions
Omnibus motion rule- waiver if not raised
Exceptionsmay be dismissed motu proprio
Grounds for motion to dismiss
MTD is denied
- Remedy: answer filed and wait for judgment
- You cannot appeal because interlocutory
- Cannot file 65 EXC: GADALEJ and no speedy and adequate remedy
Motion to dismiss for lack of cause of action
Remedy: amend pleading and allege cause of action (matter of right)
Condition precedent
Judgment on the pleadings
- PNB case
Rule 17- two dismissal rule
- Bletran case
- Hontiveros case
- Effect: res judicata
Grounds to dismiss motu proprio (3 grounds)
Failure to prosecuteadjudication on the merits
- EXC: Co-ownership case (Quinto v. Guimaras) if res judicatayou will compel
parties to stay in coownership forever. If you rule res judicata, in effect will amend a
substantive law

Failure to appear at pre-trial conference

- Plaintiff
- Defendant

Requirements of intervention Rule 19

-Asias Energy Dragon v. DOTC
- stockholder cannot intervene because only has an inchoate right

When filed? Prior to judgment

- Relaxed rule (loyuko case) if indispensable party

MODES OF DISCOVERY
- Purpose
- But not if fishing expedition
- Request for admission

Demurrer to evidence
- Civil v. criminal
- Leave of court
- Effect

Judgment
- Vs. interlocutory
- Remedies against the judgment
o MR
Not supported by law, facts, evidence
Excessive damages
o MNT
FAMEN
 Newly discovered evidence (material could change tenor of judgment
and could not have been produced despite diligent efforts)
Effect: trial de novo
o Appeal
Mendiola v. Court of Appeals : you can appeal denied MR. Denial of the
MR is in itself a final order
But normally you do not appeal a denial of MR. Just file an appeal of
the judgment itself. Because of the
San Jose Builders case. Neypes Rule applies only to JUDICIAL
PROCEEDINGS.
Appeal is only statutory
MTD is granted appealable
Perez v. Court of Appeals
- MTC no jd
- RTC said MTC has jdRTC should not remand. RTC should decide the case.

Assign the error

Correction aspect
- If not cite error, dismissal of appeal (Gonzaga v. Court of Appeals)
- Errors are the very issues to be decided upon
EXC:
- Incidental
- Transcendental importance

Institutionalization aspect
- If you appeal and there is a prevailing doctrine, the ruling will apply.
- Revisiting the ruling is also part of institutionalization

When appeal is perfected

- lapse of period for all parties to appeal
- computation of time
Effect of perfection: court lost jurisdiction
EXC: residual powers
- appeal filed on time
- record still with the court

What cannot be appealed from, Rule 41, Sec. 1

Remedy, 65 if GADALEJ
GR: always 45
EXC: 65
45 vs. 65
- issue
- period
- parties
- is it a continuation of the original proceedings?
 - Can it be cumulative? NO. They are antithetical to one another. They are exclusive
remedies.

Petition for mandamus

Quo warranto
If appointivewhether you have a better right to be appointed (Topacio case)

Eminent domain
- No motion to dismiss
- File opposition questioning public use/ compensation
o If tourism, and can be used by anybody public use

Who determines just compensation? judicial determination

Payment of just compensation (reckoning points)
- If there is notice, from notice. ????
- If not entirely deprived, like temporarily deprived. From the time the complaint was
filed.
FE v. UD
- Issue of ownershipprovisional only
- Rental only can be recovered
- Immediately executory
o EXCEPTION:
- Appealed to RTC- immediately executory
o EXCEPTION: order of the court. (Naga Case)

Rule 38
Petition for relief from judgment
- RTC, CA
- Within what period. 60 days from knowledge but not more 6 months from date of
entry
- Not subject to contingency but contingencies in themselves.

Doctrine of immutability of judgment

EXC:
SLIP RULE- mere slight error on the part of the court; consider the entire judgment
example: 89-98 mere typographical error. Consider the totality of the body of the
judgment.
Harmless error no violation of substantive rights
People v. Teehankee
Order to reconveyance but not state to the plaintiff
- Ruling: implied in the decision because title is already declared void. (in a lot of
cases) otherwise a mere paper victory

Motion for execution pending appeal

There must be a motion and good reason (perishable). Beltran v. ____ carpet case.
Corporation on the verge of bankruptcy
Time for execution 5/10 year period
If there is interruption
- Defendantsdeducted period
- Villesa v. Hermanplaintiff filed for suspension continues to run
- Action for revival you can interpose an affirmative defense provided it is
supervening (example prescription)
- Remedy for third persons: Terceria or civil action to recover or replevin.
o Judgment is only as between parties, due process
o Terceria is not a condition precedent prior to filing of independent action
Res judicata
- Requisites
- Party-- Not need absolute or exact identity of parties; substantial identity is enough

Change of nomenclature of action if objective is the same res judicata

Principal objective test

Recognition of foreign judgment

- Petition for recognition of foreign judgment
- How to repel?
o Opposition
Jurisdiction
Fraud, collusion