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Directed against a particular person Directed against the whole world The object of an action quasi in rem
Judgement in in persom Judgement in in rem actions is the sale or disposition of the
actions is BINDING against is binding upon the whole property whether by attachment,
a specified person, and world. foreclosure or any other form of
successor in interest remedy
Jurisdiction over the person of the Jurisdiction over the person of the defendant is NOT required to confer
defendant is required because it jurisdiction on the court provided that the court acquire jurisdiction over
seeks to impose personal liability or the RES either
responsibility upon a person By the seizure of the property under legal process whereby it is
brought to the custody of the court (include constructive seizure-
by publication and notice) ex. attachment; or
As a result of the institution of legal proceeding where the court is
given the power to deal with the property or thing
1
Notice must be given personally Proceeding is validated by publication of the proceeding to give notice to
the whole world and to those who might be minded to make objections of
any sort to the right to be established.
2
4. Action for the declaration of nullity of marriage
5. Action to annul the deed of REM filed by the
mortgagor
DISTINCTION IS NECESSARY TO
DETERMINE
PERSONAL ACTION AND REAL
ACTION the VENUE
IN PERSONAM Whether or not JURISDICTION over IN PERSONAM (resident defendant):
IN REM the person of the defendant is - Service in the person of the
QUASI IN REM required to confer jurisdiction to defendant (sec 6 rule 14); or
the court.; and - Substituted service of
The type of SUMMON to be summon (sec. 7)
employed (Without valid service of summon,
the court cannot acquire jurisdiction
over the person of the defendant.
Except when he personally appear)
3
In case of a resident
defendant temporarily
outside of the country
Table 3
Table 4
Action for recovery of possession in an ordinary civil Recovery of possession of real property as OWNER.
proceeding, in order to determine the better and legal
right to possess, independent of title.
Main objective is to recover possession only, not Jurisdiction is determine by the assessed value (MV x
ownership assessment value. Synonymous to taxable value) of the
property.
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the issue of ownership. It is only for the purpose of
resolving the issue of possession.
Table 6
REAL ACTIONS PERSONAL ACTIONS
VENUE place where the property is located/ situated (rule Where the plaintiff or any of the
4) principal plaintiff resides or
Except when the law where the defendant or any of
provides for a venue or the principal defendant resides,
a stipulation in writing at the option of the plaintiff. Or
restricting the venue in case of a non-resident
defendant, where he may be
found at the option of the
plaintiff.
JURISDICTION Jurisdiction of the court in Actions affecting title to,
or possession of, real property, or interest therein
is determined by the assessed value of the
property.
Table 7
Pleading asserting a claim FAILS TO STATE A CAUSE OF LACK OR ABSENCE OF CAUSE OF ACTION
ACTION
Insufficiency of allegation in the pleading (of the Evidence is insufficient to prove the cause of action
elements of one’s cause of action)
5
File an action within 1 year from the time he
learned of his deprivation
3. unlawful detainer
Defendant’s initial possession of property was
lawful, either by contract or by tolerance
Notice by the plaintiff of the termination of the
defendants right of possession
Defendant remained in possession and
deprived the plaintiff of his right of possession
Action is filed within 1 year from the time of
last demand to vacate the property
4. violation of contract
Existence of a contract
Breach of the contract
Table 8
One who stands to be benefited or Is a real party in interest without Who is not an indispensable party
injured by the judgement in the suit, whom, NO FINAL DETERMINATION but ought to be joined as a party
or party entitled to the avails of the can be had of an action. to the case IF COMPLETE RELIEF is
suit. to be accorded as to those already
His interest is so intertwined with parties
Interest is REAL ( a present substantial the other parties that his legal
interest as distinguish from a mere presence as a party is an absolute
expectancy or a future, contingent necessity
subordinate )
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the case will be remanded
to the lower court for the
inclusion of indispensable
party
Not a ground for dismissal. Instead The pleader must state the name
parties may be dropped or added of the necessary party, if known,
by the court on MOTION or MOTU and state why his name is omitted.
PROPRIO (order to implead the I.P) If the court found the reason
(sec. 11 RULE3) unmeritorious, it may order the
pleader to join the omitted party if
It when the ORDER to the court jurisdiction over the same may be
remain unheeded by the action be obtained.
dismiss ( failure to comply with the
order of the court- RULE 17) Failure to comply with the ORDER
of the court shall be deemed a
WAIVER of the claim against such
party.
Table 10
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reception of as the
evidence ex parte. petition
may
warrant.
(sec. 14)
REMEDIES:
1. after notice of
order and before
judgement:
a) file a motion
under oath
to set aside
the order of
default and
b) show that
the failure
was due to
FAMEN and
he has
meritorious
defense in
an affidavit
of merit
2. after judgement
and before
judgement becomes
final and executory:
a) File a motion
for new trial
under rule
37; or
b) Appeal from
judgement
as contrary
to evidence
or law
3. after judgement
becomes final and
executory
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a) File a
petition for
relief on
judgement
under rule
38
The remedies
presupposes that the
defendant was
properly declared
default. If not, the
remedy is petition for
certiorari
A person may be
declared in default
although it
submitted his
answer when:
Party refuses
to comply
with the
various
modes of
discovery
(sec. 3c rule
29)
Failure to
appear
before the
officer who
is to take his
deposition.
Table 11
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The court will not grant the relief on the ground
that he has a bigger credit. If the defendant
desires to have an affirmative relief, he may
waive the amount in excess of the jurisdiction
of the court.
TEST: Permissive CC must be accompanied by a certification
a. similarity in fact and law raised against forum shopping and, whenever required, also a
b. res judicata would bar a subsequent suit on certificate to file action issued by the lupong
defendant’s claim, absent the compulsory CC tagapamayapa
c. substantially the same evidence will support or refute
the claims PCC must be answered by the plaintiff otherwise, he
d. there is logical relation between the claim and the may declared in default as to the CC (any pleading
counterclaim. asserting a claim must be answered. Otherwise he may
be declared in default)
Example:
Claim: recovery of tract of land; CC: reimbursement of
the value of the improvements introduced in the same
land.
CC: expenses for being forced to litigate in the face of
an allegedly baseless claim.
Counter claim not set up on the ground of oversight, inadvertence, excusable neglect, or when justice so require,
may by leave of court , amend the pleading before judgement. (rule 11 sec. 10)
Compulsory CC not set up is barred. Permissive not set up is not barred
10
there is none and it only accrued
during the pendency of the action,
the curing effect of sec. 5 rule 10
does not apply)
In case of a reply to which there is Amendment requires a MOTION
no responsive pleading, it may be (Motion for leave of court to amend Motion to conform to evidence may
amended as a matter of right at any the pleading ), notice to adverse be made at any time even after
time within 10 days after it is party and hearing. judgement.
served.
Table 13
MODES OF SERVICE
PLEADINGS, JUDGEMENT Personal services Registered mail Substituted service
AND OTHER PAPERS
(RULE 13)
SUMMONS (RULE 14) Service in the person of Substituted service of Summons by publication:
the defendant: summons: Available only in action in
Handing a copy or if 1. By leaving a copy of the rem and quasi in rem.
refuses, may tendering summons to the
( preferred mode) defendant’s residence( to
11
a person of suitable age If the defendant in an
and discretion residing action in personam, is a
therein- one who has resident of PH: mode of
enough discernment to service is service in the
know the importance of person of the defendant
the summons; RELATION (sec.4). In case he cannot
OF CONFIDENCE); or he served, substituted
service will apply (sec.7)
2. At the defendant’s - Summons by
office or regular place of publication
business (to some however, will
competent person in apply to a resident
charge therein). of PH in an action
in personam if:
When for justifiable
causes, summons cannot the identity or
be served personally whereabouts is
within a reasonable period unknown- sec.14;
of time - available in any
- The impossibility actions
of prompt,
personal service OR
should be shown
by stating in the Resident
proof of service defendant is
(the sheriff’s temporarily
return must show outside of the
details of the country. – sec. 16
efforts exerted) - Section 16 refers
that efforts were to sec 15
made to find the “extraterritorial
defendant service” and one of
personally and the modes of
that efforts failed. service is by
- There must be publication. Thus
several attempts other modes under
by the sheriff to sec. 15 may also
personally serve apply.
the summons - A person
within a temporarily
reasonable period. outside of the PH,
(several attempts may also be served
means at least 3 by substituted
tries preferably on service of summon
at least 2 different because obviously,
dates) he has a residence
or place of
business in the PH
12
Extraterritorial service of
summons applies when the
defendant does not reside
or is not found in the
Philippines. In an action in
rem or quasi in rem.
(sec.15)
If the action
against a non-
resident defendant
is an action in
personam,
personal service of
summons within
the state is
important for the
acquisition of
jurisdiction over
his person. If he is
not physically
present in the
Philippines, court
cannot acquire
jurisdiction and
therefore cannot
validly try and
decide the case
against him unless
he voluntarily
appear before the
court.
b. Actions which relate to, or the subject matter of which is a property within the Philippines, in
which the defendant claims a lien or interest, actual or contingent.
c. Actions in which the relief demanded is exclude the defendant from an interest in the property
located in the Philippines; and
d. When the property of the defendant has been attached in the Philippines.
In an action in rem or quasi in rem, jurisdiction over the person is not required as long as jurisdiction over the res (
RES CAN EITHER BE the thing, subject matter or the status) is acquired. Modes of extraterritorial service is enough to
acquire jurisdiction over the RES.
If the suit is in personam, and the defendant has properties in the philippines (as when he was a former Filipino
citizen) and the non-resident defendant is no longer found in the PH, summon by publication and other modes of
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extraterritorial service would be ineffective to acquire jurisdiction over his person. Being an action in personam, the
remedy is to file a suit and avail the provisional remedy of attachment. Jurisdiction over the person of the defendant
would no longer be required because the suit assumed the character of an action quasi in rem, which merely require
jurisdiction over the res. the service of summons (which may be by publication or other modes of EXT.service of
summon) is no longer for the purpose of acquiring jurisdiction but for the compliance of due process.
Table 15
(where defendant need not file an answer within the period of 15 days) Before service of answer or motion
for summary judgment
MOTION FOR BILL OF MOTION TO DISMISS (RULE 16) DISMISSAL BY THE PLAINTIFF
PARTICULARS (RULE 12) (RULE17)
If there are matters in the Assuming that all the allegations in Dismissal as a matter of right.
complaint which are ambiguous the complaint are clear, defendant
or not averred with sufficient may explore the possibility of filing a By Notice of dismissal
definiteness motion to dismiss if there are
grounds to support it. The court upon receipt of the notice,
SHALL issue an order confirming the
dismissal ( the order merely confirms
the dismissal already effected by the
filing of the notice of dismissal)
It is a motion that applies to any Current policy of the SC: to issue a GR: dismissal is without prejudice to
kind of pleading summon reminding the defendant to the refiling
observe restraint in filing a motion to XPN:
dismiss and instead file an answer a. Notice of dismissal by the
and allege therein the grounds plaintiff provide that the
thereon as an affirmative defense. dismissal is with prejudice. (
or when the notice provides
for a reason that prevents
the refiling even if the notice
does not state that it is with
prejudice. Ex: plaintiff admits
that the action already
prescribed)
b. The plaintiff has previously
dismissed the same case in
court of competent
jurisdiction based on or
including the same claim.
Filed within 15 days from the MTD hypothetically admits the TWO DISMISSAL RULE:
service of summons (if directed allegations in the complaint ( not When the plaintiff has
to a complaint) judicial admission) twice dismissed the action
Filed within 10 days from service based on the or including
of counterclaim or cross claim (if the same claim, in the
directed to a counterclaim or court of competent
cross claim) jurisdiction, the second
notice of dismissal will bar
the refiling of the action
because it will operate as
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an adjudication upon the
merits of the claim.
PURPOSE: to seek an order from Subject to the omnibus motion rule
the court directing the pleader to if MTD is filed. If no MTD is filed, any
submit a bill of particular which of the grounds may be allege in the
avers matters with sufficient answer as an affirmative defense and
particularity to enable the in the discretion of the court, a
defendant to properly prepare preliminary hearing may be
his responsive pleading. conducted on the grounds thereof as
if a MTD had been filed.
When filed, period to file an MTD must be set for hearing by the
answer is STAYED. applicant. Notice of hearing must be
serve to the plaintiff.
If the motion is denied, GR: MTD must be filed within the
defendant can file an answer time for the filing of an answer
within the period in which he is EXC: MTD filed after the filing of an
entitled at the time the motion is answer is allowed if the following
filed but not less than 5 days. grounds appear in the pleading or
evidence in record.
Thus, from the notice of denial, a. Lack of jurisdiction over the
he has to serve his answer for a subject matter
period not less than 5 days. b. There is another action
pending between the same
parties for the same cause
c. Action is barred by a prior
judgement
d. Action is barred by the
statute of limitation
15
from the order of dismissal (
RES JUDICATA,
PRESCRIPTION,
EXTINGUISHMENT OF
OBLIGATION AND STATUTE
OF FRAUDS)
Dismissal on the ground
of lack of jurisdiction
over the subject matter
is without prejudice to
the refiling of the
complaint. Not subject
to appeal. EXCEPT:
dismissal of an action
before the MTC under
rule 40 sec. 8
DISMISSAL BY FILING A MOTION TO DISMISS DISMISSAL DUE TO THE FAULT OF THE PLAINTIFF
Once either an answer or motion for summary a. Failure of the plaintiff, without justifiable cause,
judgement has been served on the plaintiff. to appear on the date of the presentation of his
evidence in chief
It is a dismissal which is no longer a matter of right but b. Failure of the plaintiff to prosecute his action
a matter of judicial discretion. It will require a motion for an unreasonable length of time (Non
and approval by the court prosequitur)
c. Failure to comply with the rules of court
d. Failure to comply with any order of the court
GR: dismissal is without prejudice Dismissal may be done motu propio or upon motion
XPN: if the order of dismissal specifies otherwise. filed by the defendant.
GR: dismissal is with prejudice
Dismissal shall hve the effect of an
adjudication upon the merits
XPN: unless otherwise declared by the court.
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discretion, he may file a
petition for certiorari
Appearance of counsel and plaintiff
during pre-trial is mandatory.
Except, for valid cause and
appearance of a representative,
fully authorized in writing to enter
to any of the following: amicable
settlement, alternative modes of
dispute resolution, and stipulation
or admissions of facts.
Failure to file Pre-trial briefs shall have the same effects as failure to appear
during the pre-trial.
Table 17
17
raised are sham, fictitious, or
otherwise not genuine.
Defendant may move for the MOTION is required. Motu propio MOTION is required. The adverse
dismissal of the complaint on the judgement on the pleading is not party must be notified of the
ground that based on fact and the allowed motion for summary judgement.
law, the plaintiff has shown no
right to relief (INSUFFICIENCY OF
EVIDENCE)
“evidence is insufficient to sustain Judgement on the pleadings will not If the facts, as disputed, appear
the issue or make out a case” apply in: uncontested or undisputed, then
- Actions for declaration of there is no real or genuine issues as
nullity of a marriage to the facts
- Action for annulment of
marriage
- Legal separation.
It is in effect a motion to dismiss but
not the motion under rule 16.
Demurrer to evidence is filed after Motion for judgement on the
the plaintiff rest his case i.e., after pleadings is filed after the
the complete presentation of his defendant filed his answer
evidence.
EFFECTS OF DENIAL
Will not deprive the
defendant of his right to
adduced evidence in his
behalf. Upon denial,
the court will set the
date for the
presentation of the
defendant’s evidence in
chief.
Order of denial is an
interlocutory order.
Not appealable.
(exception: denial of the motion in
an cadastral, land registration,
insolvency, naturalization and
election cases, will not allow the
presentation of evidence )
EFFECT OF GRANTING:
Case shall be dismissed.
If on appeal, the
decision is reversed, the
defendant losses his
right to present
evidence.
18
Denial of the demurrer allows the defendant to present Presentation of evidence is allowed only if the filing of
his evidence demurrer is with leave of court.
Table 18
19
- The prohibition However, when a ground for NT
contemplates a situation was not existing or available when
where the 2nd MR is filed the first motion was made, a
by the same party second MNT may be filed.
assailing the same
judgement or final
resolution.
An order denying MR or MNT is no longer assailable by certiorari under
rule 65.
PETITION FOR RELIEF FROM JUDGEMENTS(RULE 38) PETITION FOR ANNULMENT OF A JUDGEMENT(RULE
47)
A remedy provided for by law to any person against Availed of by the petitioner if has failed to avail himself
whom a decision or order is entered through fraud, of the ordinary or appropriate remedies without fault
accident, mistake or excusable negligence. on his part.
A remedy where there is no adequate or plain remedy It presupposes the filing of a separate and independent
provided for by law or by the rules. It is an exceptional action for the purpose of annulling a decision in
remedy available only when there is no other available another action.
or adequate remedy.
If the petition for annulment is filed, it is an exercise of
an original jurisdiction of the court in which it is filed.
(either the RTC or the CA)
GROUNDS: GROUNDS:
When a judgement or final order is Extrinsic fraud
entered, or any other proceeding is Lack of jurisdiction ( either over the subject
thereafter taken against the petitioner in matter of or over the person of the
any court through fraud, accident, mistake defendant)
or excusable negligence (filed in the same Denial of due process
court and in the same case. And shall pray
that the judgement be set aside); or
When the petitioner is prevented from
taking an appeal by FAMEN (filed in the
same court and in the same case. And shall
pray that the appeal be given due course)
Extrinsic fraud- that fraud which a prevailing party a. Either by keeping him away from the court
cause to prevent the losing party from being heard on b. By giving him false promises of a compromise
his action or defense. c. Where his attorney connives with the adverse
party
Petition for relief is filed within 60 days after the If based on extrinsic fraud: within 4 years from its
petitioner learns of the judgement, final order or discovery
proceeding and not more than 6 months after such Lack of jurisdiction: before the action is barred by
judgment was entered or such proceeding was taken. laches or estoppel.
20
Timely filing of the petition for relief from judgement If annulled on the basis of lack of jurisdiction, it has the
does not preclude the execution of the judgement effect of setting aside the judgment and rendering it
which is final and executory. The petitioner may avail null and void. But the dismissal is without prejudice to
the rights provided for in sec. 50 ( the court may grant a the refiling of the action in the proper court.
preliminary injunction to preserve the rights of the
parties, upon payment of a BOND in favor of the If extrinsic fraud, the court will order the trial court to
adverse party) try the case.
Petition for relief is not available before the supreme Filed either with the CA of the judgement or orders of
court and court of appeals. RTC or with the RTC in case of judgment of MTC
21