LEVEL TEN: TRIAL

1. What is a trial?

It is the process of investigating and determining the legal controversies starting with the production of
evidence by the plaintiff and ending with his closing arguments.

2. What is the order of trial? (Rule 30, section 5)

The order of trial is the following;

a) The plaintiff shall adduce evidence in support of his complaint;

b) The defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim, and
a third party complaint;
c) The third party defendant, if any, shall adduce evidence of his defense, counterclaim, cross-claim,
and fourth party complaint;
d) The fourth party, and so forth, if any shall adduce evidence of the material facts pleaded by them;
e) The against whom the counterclaim or cross-claim has been pleaded shall adduce evidence in
support of their defense, in the order to be prescribed by the court;
f) The parties may then respectively adduce rebutting evidence only, unless the court, for good
reasons and in the furtherance of justice, permits them to adduce evidence upon their original case,
and

Upon admission of the evidence, the case shall be deemed submitted for decision, unless the courts
directs the parties to argue or submitted their respective memoranda or any further pleadings.

3. What is rebuttal evidence?

Evidence produced by a party to oppose or disprove the evidence presented by his/her opponent is referred
to as “rebuttal evidence” or “rebutting evidence.” Evidence offered to disprove or contradict the evidence
presented by an opposing party.

4. What is surrebuttal evidence?

Surrebuttal is the process of providing response to an opposite party’s answer. Generally, this occurs in an
adversarial process. Therefore, this is a rebuttal to a rebuttal. The claimant provides surrebuttal to a
defendant’s answer. However, the claimant should provide evidence in favor of surrebuttal also.

5. When is the order of trial not followed? (Rule 30, section 5, last paragraph)

If several defendants, or third party defendants and so forth, having separate defenses appear by different
counsel, the court shall determine the relative order of presentation of their evidence.

What is the difference between adjournment of trial and postponement of trial?

6. Give five acceptable grounds for postponement?

 a) Absence of evidence,
b) Sudden illness of its witnesses,
c) Withdrawal of the as a counsel to either party,
d) Unavailability of witnesses,
e) Conflict of schedule of the counsels (Padillo v. Apas, GR. No. 156615, April10, 2006)

7. When may a motion for postponement be granted on the ground of absence of evidence?
(Rule 30, section 3)

It can be granted only upon affidavit showing:

a) That the evidence is material or relevant;

b) That due diligence has been used to procure it.

XPN: But if the adverse party admits the facts to be given in evidence, even if he objects or reserves the right
to object, to their admissibility, the trial shall not be postponed.

8. What is a full-blown trial?

Full-blown trial refers to a complete trial of a genuine issue which calls for the presentation of evidence.
(Asia Construction and Development Corporation v. Philippine Commercial and Industrial Bank, 488 SCRA
192, 203)

10. Who may receive evidence during the trial?

The judge shall personally receive and resolve the evidence to be adduced by the parties.
However, the reception of evidence may be delegated to the Clerk of Court in some cases.

11. When may the reception of evidence be delegated to the Clerk of Court?

Reception of the evidence may be delegated to the clerk of court who is a member of the bar, in
any of the following cases:

(a) in default hearings;

(b) in ex parte hearings; or

(c) in any case by written agreement of the parties (Sec. 9, Rule 30, Rules of Court).

12. What will the Clerk of Court do in case of objections during his/her reception of evidence?

The clerk of court shall have no power to rule on objections to any question or to admission of
evidence or exhibits. He shall submit his report and transcripts of the proceedings, together with
the objections to be resolved by the court, within 10 days from the termination of the hearing
(Sec. 9, Rule 30)

13. Who is a Commissioner?

 A commissioner is a person to whom a case pending in court is referred, for him to take testimony,
hear the parties and report thereon to the court, and upon whose report, if confirmed, judgment
is rendered.

14. Give five examples of Commissioner for trial.

 Referee
 Auditor
 Examiner
 Surveyor
 Accountant
15. When may the reception of evidence be referred to a Commissioner?

1. Upon written consent of both parties (Sec. 1, Rule 32)

2. When the parties do not consent, the court may, upon the application of either or of its own
motion, direct a reference to a commissioner in the following cases:

(a) When the trial of an issue of fact requires the examination of a long account on either
side, in which case the commissioner may be directed to hear and report upon the whole
issue or any specific question involved therein;

(b) When the taking of an account is necessary for the information of the court before
judgment, or for carrying a judgment or order into effect; and

(c) When a question of fact, other than upon the pleadings, arises upon motion or
otherwise, in any stage of a case, or for carrying a judgment or order into effect. (Sec. 2,
Rule 32)

16. What are the powers of a commissioner?

1. Power to regulate the proceedings in every hearing before him;

2. Do all acts and take all measures necessary or proper for the efficient performance of his duties
under the order of reference;

3. Issue subpoenas ad testificandum and duces tecum;

4. Swear witnesses; and

5. Rule upon the admissibility of evidence (Sec.3, Rule 32).

17. When may judgment be rendered even without a full-blown trial?

1. Judgment on the pleadings;

2. Summary judgment;

3. Judgment based on compromise;

 4. Judgment based on stipulation of facts;

5. Judgment upon confession;

6. Order of dismissal which are considered adjudication of the case upon merits, as when the case
is dismissed on a non-suit under Section 3 of Rule 17; and

7. Judgment in cases governed by the Revised Rules on Summary Procedure.

18. What are the difference between a demurrer to evidence in civil actions and criminal actions?

(a) In a civil case, leave of court is not required before filing a demurrer. In a criminal case, a
demurrer is filed with or without leave of court (Sec. 23, Rule 119, Rules of Criminal Procedure).

(b) In a civil case, if the demurrer is granted, the order of dismissal is appealable (Sec. 1, Rule 33,
Rules of Court). In a criminal case, the order of dismissal is not appealable because of the
constitutional policy against double jeopardy.

(c) In a civil case, if the demurrer is denied, the defendant may proceed to present his evidence
(Sec. 1, Rule 33, Rules of Court). In a criminal case, the accused may adduce his evidence only if
the demurrer is filed with leave of court. He cannot present his evidence if he filed the demurrer
without leave of court (Sec. 23, Rule 119, Rules of Court).

19. Give the differences between a judgment on the pleadings and a summary judgment.

1. In a judgment on the pleadings there is an absence of a factual issue in the case because the
answer tenders no issue at all. A summary judgment involves an issue, but the issue is not genuine
(Narra Integrated Corporation v. Court of Appeals, 344 SCRA 781, 786-787). In a summary
judgment, the issue is only as to the amount of damages but not as to any material fact (Sec. 3,
Rule 35, Rules of Court).

2. A motion for judgment on the pleadings is filed by a claiming party like a plaintiff or a
counterclaimant (Sec. 1, Rule 34, Rules of Court). A motion for summary judgment may be filed
by either the claiming or the defending party (Secs. 1, 2, Rule 35, Rules of Court).

3. judgment on the pleadings is based on the pleadings alone (Sec. 1, Rule 34, Rules of Court). A
summary judgment is based on the pleadings, affidavits, depositions and admissions (Sec. 3, Rule
35, Rules of Court).

4. Only a three-day notice to the adverse party is required prior to the date of hearing in a motion
for judgment on the pleadings based on the regular rules on motions (Sec. 4, Rule 15, Rules of
Court). A ten-day notice to the adverse party is required in a motion for summary judgment. The
adverse party in turn may serve opposing affidavits, depositions or admissions at least three days
before the hearing (Sec. 3, Rule 35, Rules of Court).

20. What is a genuine issue?

 A genuine issue of fact is that which requires the presentation of evidence, as
distinguished from a sham, fictitious, contrived or false issue.
(Pilipino Telephone Corporation v. Radiomarine Network (Smartnet) Philippines Inc. /
G.R. No. 160322 / August 2011)

21. What is the difference between the suspension of actions and archival of cases?
The suspension of civil actions is governed by Article 2030 of the New Civil Code while
the archival of cases is governed by Office of the Court Administrator Circular No. 89,
Series of 2004.

The suspension of actions stays the execution until after a further consideration of the
cause. (Black’s Law Dictionary, 2nd Edition)
The archival of cases entails the storage documents for long term use or the moving of
the records to a location where they are not currently available for reviewing.

22. When may trial be suspended in civil actions?

Every civil action or proceeding shall be suspended:
a. If willingness to discuss a possible compromise is expressed by one or both parties;
or
b. If it appears that one of the parties, before the commencement of the action or
proceeding, offered to discuss a possible compromise but the other party refused the
offer.
(Article 2030, Civil Code of the Philippines)

After the criminal action has been commenced, the separate civil action arising therefrom
cannot be instituted until final judgment has been entered in the criminal action. (1st
Paragragh)
If the criminal action is filed after the said civil action has already been instituted, the latter
shall be suspended in whatever state it may be found before judgment on the merits. (1st
Sentence, 2nd Paragraph)
(Section 2, Rule 111, Revised Rules of Court)

23. When may civil cases be archived?

In civil cases, the court may, motu proprio or upon motion, order that a civil case be
archived only in the following instances:
a. When the parties are in the process of settlement, in which case the proceedings may
be suspended and the case archived for a period not exceeding ninety (90) days. The
case shall be included in the trial calendar on the day immediately following the lapse
of the suspension period.
b. When an interlocutory order or incident in the civil case is elevated to and is pending
resolution/ decision for an indefinite period before a higher court which has issued a
temporary restraining order or writ of preliminary injunction.
c. When defendant without fault or neglect of plaintiff, cannot be served with summons
within six (6) months from issuance of original summons.
(OCA Circular No. 89-2004 (reiteration of Administrative Circular No. 7-A-92)

LEVEL ELEVEN: JUDGMENT

1. Is there a difference between a judgment and a decision?

There is. A judgment is adjudication by a court. A decision, on the other hand, is
adjudication by a quasi-judicial tribunal.
 Decisions of a quasi-judicial body and administrative bodies may be colloquially referred
to as "judgments." However, these decisions can be distinguished from judgments as the
legal definition of judgment contemplates decisions made by judges in a court of
law. Therefore, even if a quasi-judicial or administrative body considers questions of law,
its decisions might not be referred to as judgments.

2. What is the difference between a judgment and a final order?

Judgments are final adjudication by the court, be it a judge or jury.

Orders are decrees from a judge commanding a specific party to do a specific act. These
are based on motions.

3. What is a final order?

A final order is an order issued by the court which disposes of the subject matter in its
entirety or terminates a particular proceeding or action, leaving nothing more to be done
except to enforce by execution what the court has determined… .
(Jose v. Javellana, et al./ G.R. No. 158239/ January 2012)

4. What is an interlocutory order?

An interlocutory order is one which only determines incidental matters that do not touch
on the merits of the case or put an end to the proceedings.
(Silverio, Jr. v Filipino Business Consultants, Inc./ 466 SCRA 584, 595)

It is not a decision or judgment within the constitutional definition.

(Amargo v Court of Appeals/ 535 SCRA 64, 68)

5. What are the differences between a final order and an interlocutory order?
a. As to the disposition made, a final judgment or order disposes of the action or
proceeding completely, or terminates a particular stage of the same action; an
interlocutory order merely resolves incidental matters and leaves something more to
be done to resolve the merits of the case.
(Republic of the Philippines v. Sandiganbayan, et al./ G.R. No. 152375/ December
2011)
b. As to the remedy, the remedy available to an aggrieved party against a final judgment
is an appeal; in an interlocutory order, a petition for certiorari under Rule 65.
(Republic of the Philippines v. Sandiganbayan, et al./ G.R. No. 152375/ December
2011)
c. A final judgment or order may be the subject of Motion for New Trial; an interlocutory
order may not.
(Ybiernas v. Tanco-Gabaldon/ G.R. No. 178925/ June 2011)

6. What are the requisites of a valid judgment or final order?

A judgment or final order determining the merits of the case shall be:
a. in writing;
b. personally and directly prepared by the judge;
c. states clearly and distinctly the facts and the law on which it is based;
d. signed by the judge; and
e. filed with the clerk of the court.
(Section 1, Rule 36, Revised Rules of Court)
7. What is a sin perjuicio judgment?
A sin perjuicio judgment is one which is without a statement of facts and is to be supplemented later by the
final judgment. Such a judgment is void. (Director of Lands v. Sanz, 45 Phil. 117)
8. What is entry of judgment?
It is the entering of the dispositive portion of the judgment in the book of entries of judgment by the clerk of
court and after the same has become final and executory. The record shall contain the dispositive portion of
the judgment or final order and shall be signed by the clerk of court, with a certificate by said clerk that the
judgment has already become final and executory. (Sec. 2, Rule 36)
9. When may a judgment be entered when there are multiple parties?
In case of multiple parties, a judgment may be entered when a several judgment (Sec. 4, Rule 36) or
separate judgment (Sec. 5, Rule 36) is proper.
10. Differentiate several judgment from separate judgment.
Said judgments differ in their nature: A several judgment is one rendered by a court against one or more
defendants and not against all of them, leaving the action to proceed against the others, while a separate
judgment is one rendered disposing of a claim among several others presented in a case, after a
determination of the issues material to a particular claim and all counterclaims arising out of the transaction
or occurrence which is the subject matter of said claim. (Secs.4 & 5, Rule 36)
11. How may judgment be served?
Judgment shall be served either
a) personally;
b) by registered mail; or
c) by publication, at the expense of the prevailing party, when a party summoned by publication has
failed to appear in the rendition of judgment against him. (Sec.9, Rule 13)
12. Upon whom judgment must be served?
If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them,
unless service upon the party himself is ordered by the court. (Sec.2, Rule 13)

LEVEL 12: POST-JUDGMENT REMEDIES

1. What are the different remedies against a judgment?
Before a judgment becomes final and executory, the aggrieved party or losing party may avail of the
following remedies:
a. Motion for Reconsideration (Rule 37);
b. Motion for New Trial (Rule 37); and
c. Appeal (Rule 40-43).
After the judgment becomes final and executory, the aggrieved party or losing party may avail of the
following:
a. Petition for relief from judgment (Rule 38);
b. Action to annul judgment (Rule 47);
c. Certiorari (Rule 65); and
d. Collateral attack of a judgment.
2. What are the grounds for MR?
The motion for reconsideration may be anchored on any of the following grounds: (a) that the damages
awarded are excessive; (b) that the evidence is insufficient to justify the decision or final order; or (c) that
the decision or final order is contrary to law (Sec. 1, Rule 37, Rules of Court)
3. What are the grounds for Motion for New Trial?
A motion for New Trial may be filed on the grounds of:
(a) Fraud, Accident, Mistake, Excusable Negligence which ordinary prudence could not have guarded
against and by reason of which the aggrieved party was probably impaired in his rights.
(b) Newly discovered evidence, which could not, with reasonable diligence, have discovered and produced
at the trial, and which if presented would probably alter the result. (Sec. 1, Rule 37, Rules of Court)
4. What is fraud in relation to a Motion for New Trial?
Fraud should be extrinsic or collateral, which refers to such acts that prevents a party from having a trial /
presenting his case in court. It refers to all kinds of deceptions, whether through insidious machination,
manipulation or concealment or misrepresentation that leads another party to error. (Alaban v CA, 470
SCRA 697, 708)
15. When must a petition for relief be filed?

It must be filed within 60 days after the petitioner learns of the judgment, final order, or other
proceeding to be set aside, and not more than 6 months after such judgment or final order was entered, or
such proceeding was taken (Sec. 3, Rule 38).

These two periods must concur. Both periods are also not extendible and never interrupted. Strict
compliance with these periods stems from the equitable character and nature of the petition for relief.

Indeed, relief is allowed only in exceptional cases as when there is no other available or adequate
remedy. As it were, a petition for relief is actually the “last chance” given by law to litigants to question a final
judgment or order. And failure to avail of such “last chance” within the grace period fixed by the Rules is fatal
(Quelnan v. VHF Philippines, 470 SCRA 73, 80).

16. What are the grounds for a Petition for Relief from judgment?

A petition for relief may be filed on the following grounds:

(a) When a judgment or final order is entered, or any other proceeding is thereafter taken against the
petitioner in any court through fraud, accident, mistake, or excusable negligence (Secs. 1 and 38, Rules of
Court); or

(b) When the petitioner has been prevented from taking an appeal by fraud, accident, mistake, or excusable
negligence (Sec. 2, Rule 38, Rules of Court).

17. What is appeal in its broad sense?

An "appeal" is a formal request that a higher court re-examine the procedure or decision of a lower
court, administrative agency, or other body. An appeal normally may be taken by the party who loses or did
not get all the relief sought. If both parties are dissatisfied, each may appeal part of the decision.

18. What is an appeal in its strict sense?

Appeal is a remedy to obtain reversal or modification of judgement on the merits. (LE SOLEIL INT'L.
LOGISTICS CO., INC et al., v. VICENTE SANCHEZ, et al., G.R. No. 199384, September 09, 2015)

19. What are the different appeal periods that are followed in civil actions?

MODE OF APPEAL PERIOD OF APPEAL Period of appeal if party

files MFR or New Trial
(Neypes Rule)

Ordinary Appeal (Rules 40, 41)

a) Notice of Appeal (Rule 40)

Within 15 days from receipt of
judgment or final order, with
no extension
b) Record on Appeal (Rule Within 30 days from receipt of
41) judgment or final order
Within 15 days from receipt of
order denying motion for
reconsideration or new trial
The 30-day to file the notice
of appeal and record on
appeal should be reckoned
from the receipt of the order
denying the motion for new
trial or motion for
reconsideration (Zayco vs.
Himlo, GR 170243, April 16,
2008)
 Petition for Review (Rule 42) Within 15 days from receipt of Within 15 days from receipt of
judgment the order denying motion for
reconsideration or new trial
Petition for Review (Rule 43) Within 15 days from receipt of Within 15 days from receipt of
judgment or final order or of the order denying motion for
last publication reconsideration or new trial
Petition for Review on Within 15 days from receipt of Within 15 days from receipt of
Certiorari (Rule 45) judgment or final order the order denying motion for
reconsideration or new trial

20. How may an appeal be taken?

The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final
order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order
or part thereof appealed from, and state the material dates showing the timeliness of the appeal.

A record on appeal shall be required only in special proceedings and in other cases of multiple or
separate appeals.
The form and contents of the record on appeal shall be as provided in section 6, Rule 41.
Copies of the notice of appeal, and the record on appeal where required, shall be served on the
adverse party (Sec. 3, Rule 40).

21. What happens to the case if it is appealed?

An appeal throws the entire case open for review. An appeal, once accepted by the court, throws the
entire case open to review, and that the court has the authority to review matters not specifically raised or
assigned as error by the parties, if their consideration is necessary in arriving at a just resolution of the case
(Barcelona v. Lim, GR No. 189171, June 3, 2014).

22. If petition for review and appeal by Certiorari are modes of appeal, why are they done through a
petition? Why are the petitions required to be accompanied by a Certification Against Forum
Shopping?

It is because an appeal by certiorari is a continuation of the original suit, and a petition for certiorari
is an original and independent action that was not part of the trial that had resulted in the rendition of the
judgment or order complained of.

A Petition for Certiorari, under Rule 65 is intended for the correction of errors of jurisdiction only or
grave abuse of discretion amounting to lack or excess of jurisdiction. Its principal office is only to keep the
inferior court within the parameters of its jurisdiction or to prevent it from committing such a grave abuse of
discretion amounting to lack or excess of jurisdiction.

Certiorari is not and cannot be made a substitute for an appeal where the latter remedy is available
but was lost through fault or negligence. The remedy to obtain a reversal of judgment on the merits is appeal.
The existence and availability of the right to appeal prohibits the resort to certiorari because one of the
requirements for certiorari is that there is no appeal (Bugarin vs. Palisoc, GR 157985, Dec. 5, 2005).

The requirement on verification of a pleading is a formal and not a jurisdictional requisite. It is

intended simply to secure an assurance that what are alleged in the pleading are true and correct and not
the product of the imagination or a matter of speculation, and that the pleading is filed in good faith
(VALLACAR TRANSIT, INC v. JOCELYN CATUBIG, G.R. No. 175512, May 30, 2011).
In addition, according to Section 3 of Rule 46, failure of the petitioner to comply with the requirement
of certification against forum shopping shall be sufficient ground for the dismissal of the petition.

23. What is a record on appeal?

Record of appeal means the record of the proceedings of what happened at the trial court sent by
the trial court to the appellate court.

The record on appeal must show the following material data:

(a) Date of the receipt of the copy of final order or judgment;
(b) Date of filing of the motion for reconsideration or new trial; and
(c) Date of the receipt of the denial of the motion for reconsideration or new trail.

A record on appeal shall be required in special proceedings and other cases of multiple or separate
appeals when so required by law or the Rules (Sec. 2[a], Rule 41, Rules of Court). Where both parties are
appellants, they may file a joint record on appeal (Sec. 8, Rule 41, Rules of Court).
The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed
from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal
within thirty (30) days from notice of the judgment or final order (Sec. 3, Rule 41, Rules of Court).

24. What are the modes of appeal?

(Sec. 2, Rule 41)

(a) Ordinary appeal - The appeal to the CA in cases decided by the RTC in the exercise of its original
jurisdiction shall be taken by filing a notice of appeal with the court which rendered the judgment or final order
appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required
except in special proceedings and other cases of multiple or separate appeals where the law or the Rules so
require. In such cases, the record on appeal shall be filed and served in like manner.

(b) Petition for review - The appeal to the CA in cases decided by the RTC in the exercise of its appellate
jurisdiction shall be by petition for review in accordance with Rule 42.

(c) Petition for review on certiorari - In all cases where only questions of law are raised or involved, the
appeal shall be to the SC by petition for review on certiorari in accordance with Rule 45.

25. What is an ordinary appeal?

Ordinary appeal is the first mode of appeal, under rule 40 (from the MTC to the RTC) and under rule 41 (from
RTC to CA). (Cabigas v. Limbaco GR NO 175291 )
26. When is a petition for review proper?
A petition for review is proper if the appeal to the CA is from a decision of the RTC rendered in the exercise
of its appellate jurisdiction and not from its original jurisdiction. ( Rule 42, sec 1)

27. When is an appeal by certiorari proper?

An appeal by certiorari to the Supreme court is proper if the judgment or final order came from the Court of
Appeals or other appellee courts, in which the assailed decisions involves question of law, notwithstanding
that a plain and adequate remedy is still available as a right of recourse. (Mercado v. CA)

28. What is certiorari?

Certiorari is a writ issued by a superior court to an inferior court of record or tribunal exercising a judicial
function, requiring the certification and return to the former of some proceeding then pending or terminated,
in cases where the procedure is not in accordance to the course of the common law. (Garrido v. Tortogo,
G.R No. 156358)

29. What are the differences between a petition for review on certiorari (rule 45) and a special civil
action for certiorari (rule 65)?
As to errors: Errors of jurisdiction are best reviewed in a special civil action for certiorari under Rule 65 while
errors of judgment can only be corrected by appeal in a petition for review under Rule 45.
Proper remedy: Rule 65 is not proper if appeal is available; while Rule 45 is proper even if appeal is
available. ( Rule 65; rules of court )

30. When is an appeal perfected?

An appeal is perfected:
By notice of appeal: Upon the filing of the notice of appeal in due time; within 15 days from receipt of
judgment.
By appeal by record: Upon approval of the record on appeal filed in due time. (Rule 41, sec 9)

31. What is the effect of perfection of an appeal?

In appeals by notice of appeal, the court loses jurisdiction over the case upon the perfection of the appeals
filed in due time and the expiration of the time to appeal of the other parties.
In appeals by record on appeal, the court loses jurisdiction only over the subject matter thereof upon the
approval of the records on appeal filed in due time and the expiration of the appeal of the other parties (Rule
41, sec 9)

32. What is residual jurisdiction?

Residual jurisdiction refers to the authority of the trial court to issue orders for the protection and preservation
of the rights of the parties which do not involve any matter litigated by the appeal; to approve compromises;
to permit appeals by indigent litigants; to order execution pending appeal in accordance with Section 2, Rule
39; and to allow the withdrawal of the appeal, provided these are done prior to the transmittal of the original
record or the record on appeal, even if the appeal has already been perfected or despite the approval of the
record on appeal or in case of a petition for review under Rule 42, before the CA gives due course to the
petition. (G.R. No. 195450; DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner vs. HON.
EMMANUEL C. CARPIO)

33. When may a court do in the exercise of its residual jurisdiction?

The "residual jurisdiction" of the trial court is available at a stage in which the court is normally deemed to
have lost jurisdiction over the case or the subject matter involved in the appeal. This stage is reached upon
the perfection of the appeals by the parties or upon the approval of the records on appeal, but prior to the
transmittal of the original records or the records on appeal. In either instance, the trial court still retains its so-
called residual jurisdiction to issue protective orders, approve compromises, permit appeals of indigent
litigants, order execution pending appeal, and allow the withdrawal of the appeal. ((G.R. No. 195450;
DEVELOPMENT BANK OF THE PHILIPPINES, Petitioner vs. HON. EMMANUEL C. CARPIO)

34. What are the actions that the appellate court may do as regards an appealed case?
In either case, prior to the transmittal of the original record or the record on appeal, the court may issue orders
for the protection and preservation of the rights of the parties which do not involve any matter litigated by the
appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in
accordance with 2 of Rule 39, and allow withdrawal of the appeal. (Rule 41, sec 9)

35. What will the appellate court do after a dismissal of action on the ground of lack of jurisdiction?
Under Section 8 of Rule 39, if an appeal is taken from an order of the lower court dismissing the case without
a trial on the merits, the Regional Trial Court may affirm or reverse it, as the case may be. In case of
affirmance and the ground of dismissal is lack of jurisdiction over the subject matter, the Regional Trial Court,
if it has jurisdiction thereover, shall try the case on the merits as if the case was originally filed with it. In case
of reversal, the case shall be remanded for further proceedings.

36. What may not be appealed?

Certain judgments and orders are specifically declared as not appealable. Thus, under Sec. 1 of Rule 41, no
appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;
(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
(c) An interlocutory order;
(d) An order disallowing or dismissing an appeal;
(e) An order denying a motion to set aside a judgment by consent, confession or compromise on the ground
of fraud, mistake or duress, or any other ground vitiating consent;
(f) An order of execution;
(g) A judgment or final order for or against one or more of several parties or in separate claims, counterclaims,
cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal
therefrom; and
(h) An order dismissing an action without prejudice.
In all the above instances where the judgment or final order is not appealable, the aggrieved party may file
an appropriate special civil action under Rule 65.

37. To what court do you appeal decision of:

A. Court of Tax of Appeal
Appeals from judgments or final orders of the Court of Tax Appeals may be taken to the Court of Appeals
within the period and in the manner herein provided, whether the appeal involves questions of fact, of law, or
mixed questions of fact and law. (section 1 of rule 43 and section of Rule 43
B. NLRC
The remedy of a party aggrieved by the decision of the National Labor Relations Commission is to promptly
move for the reconsideration of the decision, and if denied, to timely file a special civil action of certiorari
under Rule 65 within sixty (60) days from notice of the decision. In observance of the doctrine of hierarchy of
courts, the petition for certiorari should be filed in the Court of Appeals (St. Martin Funeral Home v. NLRC,
G.R. No. 130866, September 16,1998).
C. Sandiganbayan
Decisions and final orders of the Sandiganbayan shall be appealable to the Supreme Court by way of
certiorari under Rule 45 raising pure questions of law. Certiorari under Rule 65 is not the remedy (Sec. 1,
Rule 45, Rules of Court; People v. Espinosa, G.R. Nos. 153714-20, August 15, 2003).
D. Civil Service Commission
A judgment, final order or resolution of the Civil Service Commission may be taken to the Court of Appeals
under Rule 43 of the Rules of Court (Secs. 1 and 3, Rule 43, Rules of Court). The appeal shall be taken
within fifteen (15) days from notice (Sec. 4, Rule 43, Rules of Court). Note the difference between the mode
of review from a judgment of the Civil Service Commission and the mode of review from the judgments of
other constitutional commissions.
E. COMELEC
A judgment, resolution or final order of the Commission on Elections may be brought by the aggrieved party
to the Supreme Court on certiorari under Rule 65 (Sec. 2, Rule 64, Rules of Court) by filing the petition within
thirty (30) days from notice (Sec. 3, Rule 64, Rules of Court).
F. CBAA
The Court of Appeals shall exercise jurisdiction to decisions of the Central Board of Assessment Appeals in
the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property
originally decided by the provincial or city board of assessment appeal. (Secs. 1 and 3, Rule 43, Rules of
Court)
G.SEC
A judgment, final order or resolution of the Securities and Exchange Commission may be taken to the Court
of Appeals under Rule 43 of the Rules of Court (Secs. 1 and 3, Rule 43, Rules of Court). The appeal shall be
taken within fifteen (15) days from notice (Sec. 4, Rule 43, Rules of Court).
H. LRA
A judgment, final order or resolution of the Land Registration Authority may be taken to the Court of Appeals
under Rule 43 of the Rules of Court (Secs. 1 and 3, Rule 43, Rules of Court). The appeal shall be taken
within fifteen (15) days from notice (Sec. 4, Rule 43, Rules of Court).

39. What are the grounds for petition for annulment of judgment?
The grounds for annulment of a judgment are: (a) extrinsic fraud; and (b) lack of jurisdiction (Sec. 2, Rule 47,
Rules of Court)
40. When must the petition for annulment of judgment be filed?
If based on extrinsic fraud, the action must be filed within four (4) years from its discovery. If based on lack
of jurisdiction, the action must be brought before the action is barred by laches or estoppel (Sec. 3, Rule 47,
Rules of Court).

Level 13: EXECUTION OF JUDGMENT

1. What is the significance of a judgment becoming final?

The term “final” when used to describe a judgment may be used in two senses. In the first, it refers to a
judgment that disposes of a case in a manner that leaves nothing more to be done by the court in respect
thereto. In this sense, a final judgment is distinguished from an interlocutory order which does not finally
terminate or dispose of the case (Rudecon Management Corporation v. Singson, 454 SCRA 612, 628).
A significant effect of a final judgment or order is its being appealable (Sec. 1, Rule 41, Rules of Court)
.
2. What is the significance of judgment becoming executor?
When a judgment is final and executory, it becomes immutable and unalterable. It may no longer be modified
in any respect either by the court which rendered it or even by the Court. The doctrine of immutability and
inalterability of a final judgment has a two-fold purpose, to wit:
(1) to avoid delay in the administration of justice and thus, procedurally, to make orderly the discharge of
judicial business; and
(2) To put an end to judicial controversies, at the risk of occasional errors, which is precisely why courts exist.
Controversies cannot drag on indefinitely (Marcos v. Pamintuan, 639 SCRA 658, 665, January 18, 2011).
Also, once a case is decided with finality, the controversy is settled and the matter is laid to rest. The prevailing
party is entitled to enjoy the fruits of his victory while the other party is obliged to respect the court’s verdict
and to comply with it (Siy v. NLRC, 468 SCRA 154, 161).

3. When may a judgment be executed even if it has not yet become final? D ko sure kung tama..
Judgments in actions for injunction, receivership, accounting and support, and such other judgments as are
now or may hereafter be declared to be immediately executory, shall be enforceable after their rendition and
shall not, be stayed by an appeal taken therefrom, unless otherwise ordered by the trial court.
The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for the
security or protection of the rights of the adverse party.( Section 4 of Rule 39)

4. What are the judgments that are immediately final and executory?

a. Judgments in summary judicial proceedings in the family law (Art. 247, Family Code);
b. Compromise Judgments; (Gadrinab v. Salamanca, G.R. NO. 194560, June 11, 2014)
c. Judgments for direct contempt (Sec. 2, Rule 71, Rules of Court);
d. Judgments in cases covered by the Rule of Procedure for Small Claims Cases (Sec. 23, A.M. No.
08-8-7-SC).

5. What is the Doctrine of Immutability of Judgments?

Under the doctrine of finality of judgment or immutability of judgment, a decision that has acquired finality
becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification
is meant to correct erroneous conclusions of fact and law, and whether it be made by the court that rendered
it or by the Highest Court of the land. (Gadrinab v. Salamanca, G.R. NO. 194560, June 11, 2014)

6. What are the exceptions to the Doctrine of Immutability of Judgments?

a. The correction of clerical errors;

b. Nunc pro tunc entries which cause no prejudice to any party;
c. Void judgments; and
d. Whenever circumstances transpire after the finality of the decision rendering its execution unjust and
inequitable. (Gadrinab v. Salamanca, G.R. NO. 194560, June 11, 2014)

7. What are the other terms for “res judicata”?

Res judicata is also known as res adjudicata, claim preclusion and collateral estoppel. (Black’s Law
Dictionary, 9th edition)
8. What are the two aspects of res judicata in civil actions?

Res judicata embraces two aspects: (1) bar by prior judgment as enunciated in Rule 39, Section 47(b) of the
Rules of Civil Procedure; and (2) conclusiveness of judgment in Rule 39, Section 47(c).

There is "bar by prior judgment" when, as between the first case where the judgment was rendered and the
second case that is sought to be barred, there is identity of parties, subject matter, and causes of action.

But where there is identity of parties in the first and second cases, but no identity of causes of action, the first
judgment is conclusive only as to those matters actually and directly controverted and determined and not
as to matters merely involved therein. This is the aspect of res judicata known as "conclusiveness of
judgment”. (P.L. Uy Realty Corporation v. ALS Management, G.R. No. 166462, October 24, 2012)

9. What are the requisites that must be present before a prior judgment may bar the filing of another
action?

a. the former judgment must be final;

b. the court that rendered it had jurisdiction over the subject matter and the parties;
c. it is a judgment on the merits; and
d. there is — between the first and the second actions — an identity of parties, subject matter and
cause of action (Bardillon v. Barangay Masili of Calamba Laguna, G.R. No. 146886, April 30, 2003)

10. How does the Doctrine of Conclusiveness of Judgment affect subsequent cases?
The doctrine of conclusiveness of judgment prescribes that a fact or question settled by final judgment or
order binds the parties to that action, persons in privity with them, and their successors-in-interest, and
continues to bind them while the judgment or order remains standing and unreversed by proper authority.
The conclusively settled fact or question cannot again be litigated in any future or other action between those
bound by the final judgment, either for the same or for a different cause of action. (Degayo v. Magbanua-
Dinglasan, G.R. No. 173148, April 6, 2015)

11. What is a sale on execution?

A sale on execution is a forced sale of a debtor's property by a government official carrying out a writ of
execution. (Black’s Law Dictionary, 9th edition)

12. What is a writ of possession?

A writ of possession is a writ of execution employed to enforce a judgment to recover the possession of land.
It commands the sheriff to enter the land and give its possession to the person entitled under the judgment.
(Black’s Law Dictionary, 9th edition)

13. When may a writ of possession be issued?

There are three instances when a writ of possession may be issued:
a. In land registration proceedings under Section 17 of Act No. 496;
b. In judicial foreclosure, provided the debtor is in possession of the mortgaged realty and no third
person, not a party to the foreclosure suit, had intervened; and
c. In extrajudicial foreclosure of a real estate mortgage under Section 7 of Act No. 3135, as amended
by Act No. 4118. (Sps. Ong v. CA, 388 Phil. 857, 2000)
14. May a writ of possession be issued in favor of a purchaser of the highest bidder in a foreclosure
sale?

Yes. Upon finality of the order of confirmation or upon the expiration of the period of redemption when
allowed by law, the purchaser at the auction sale is entitled to the possession of the property and may
secure a writ of possession, upon motion, from the court which ordered the foreclosure. (Sec. 3, Rule 68)

15. When may a judgment be executed by way of motion?

A final and executory judgment or order may be executed on motion within five years from the date of its
entry. (Sec. 6, Rule 39)

16. When may a judgment be executed by an independent action?

After five years from the judgment’s date of entry and before is barred by the statute of limitations (10
years), a judgment may be enforced by action. (Sec. 6, Rule 39)

17. How is a judgment executed if:

a. The prevailing party dies after finality but before execution?
b. The judgment debtor dies after finality but before execution?

In case of death of the judgment obligee (prevailing party), execution of the judgment may issue or be
enforced upon the application of his executor or administrator, or successor in interest.

In case of the death of the judgment obligor (judgment debtor), execution of the judgment may issue or be
enforced after execution is actually levied upon any of his property. (Sec. 7, Rule 39)

18. What are the grounds for the quashal of a writ of execution?

A writ of execution may be quashed on the following grounds:

1) When the writ of execution varies the judgment;

2) When there has been a change in the situation of the parties making execution inequitable or
unjust;

3) When execution is sought to be enforced against property exempt from execution;

4) When it appears that the controversy has never been submitted to the judgment of the court;

5) When the terms of the judgment are not clear enough and there remains room for interpretation
thereof; or,

6) When it appears that the writ of execution has been improvidently issued, or
 7) When it appears that the writ of execution is defective in substance, or is issued against the
wrong party, or that the judgment debt has been paid or otherwise satisfied, or the writ was issued
without authority. (Reburiano v CA, G.R. No. 102965, 1999)

19. What is garnishment?

Garnishment is the execution of judgments for money (Sec. 9, Rule 39)

20. What are the duties if the debtor of the judgment debtor once he received a notice of
garnishment?

The judgment obligor shall immediately pay the full amount stated in the judgment including the lawful fees
in cash, certified check payable to the judgment oblige or any other form of payment acceptable to him.
(Sec. 9, Rule 39)

21. May a foreign judgment be executed in the Philippines?

Yes, subject to the following rules:

a) In case of a (foreign) judgment upon a specific thing, the judgment is conclusive upon the title of
the thing; and
b) In case of a (foreign) judgment against a person, the judgment is presumptive evidence of a
right as between the parties and their successors in interest by a subsequent title.

22. What are the properties exempt from execution?

The following properties are exempt from execution:

(a) The judgment obligor’s family home as provided by law, or the homestead in which he resides,
and land necessarily used in connection therewith;

(b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood;

(c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as the
judgment obligor may select necessarily used by him in his ordinary occupation;

(d) His necessary clothing, and articles for ordinary personal use, excluding jewelry;

(e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the
judgment obligor and his family, such as the judgment obligor may select of a value not exceeding
one hundred thousand pesos;

(f) Provisions for individual or family use sufficient for four months;

(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists,
engineers, surveyors, clergymen, teachers, and other professionals, not exceeding three thousand
pesos in value;
 (h) One fishing boat and accessories not exceeding the total value of one hundred thousand pesos
owned by a fisherman and by the lawful use of which he earns his livelihood;

(i) So much of the salaries, wages, or earnings of the judgment obligor for his personal services
within the four months preceding the levy as are necessary for the support of his family;

(j) Lettered gravestones;

(k) Monies, benefits, privileges, or annuities accruing or in any manner growing out of any life
insurance;

(l) The right to receive legal support, or money or property obtained as such support, or any
pension or gratuity from the Government;

(m) Properties especially exempted by law. (Sec. 13, Rule 39)

23. When may a receiver be appointed during the execution of a judgment?

Upon a verified application, one or more receivers of the property subject of the action or proceeding may
be appointed by the court where the action is pending, or by the Court of Appeals or by the Supreme Court,
or a member thereof, in the following cases:

(a) When it appears from the verified application, and such other proof as the court may require,
that the party applying for the appointment of a receiver has an interest in the property or fund
which is the subject of the action or proceeding, and that such property or fund is in danger of
being lost, removed, or materially injured unless a receiver be appointed to administer and
preserve it;

(b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that the
property is in danger of being wasted or dissipated or materially injured, and that its value is
probably insufficient to discharge the mortgage debt, or that the parties have so stipulated in the
contract of mortgage;

(c) After judgment, to preserve the property during the pendency of an appeal, or to dispose of it
according to the judgment, or to aid execution when the execution has been returned unsatisfied or
the judgment obligor refuses to apply his property in satisfaction of the judgment, or otherwise to
carry the judgment into effect;

(d) Whenever in other cases it appears that the appointment of a receiver is the most convenient
and feasible means of preserving, administering, or disposing of the property in litigation. (Sec. 1,
Rule 59)