Escolar Documentos
Profissional Documentos
Cultura Documentos
by Butch Ramiro 2C
1. RULE MAKING POWER OF THE SC: of that discretion absent grave abuse or palpable error. Section 6, Rule 1 of
the 1997 Rules of Civil Procedure even mandates a liberal construction of
Art 8 Sec 5(5) of the Consti: the rules to promote their objectives of securing a just, speedy, and
inexpensive disposition of every action and proceeding.
Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in: 5. PROCEDURAL RULES THAT PARTIES MAY CHANGE
o All courts
o The admission to the practice of law a. Venue (may be agreed upon by the parties)
o The Integrated Bar b. Court’s discretion in the interest of substantial justice
o And Legal assistance to the underprivileged c. Waiver
Guidelines on the rules:
o They must provide a simplified and speedy disposition of cases 6. JURISDICTION
o The rules shall be uniform for all courts of the same grade
o The rules shall not diminish, increase, or modify substantive rights Jurisdiction: Capacity or power conferred by the Constitution or law to a court or
These powers may not be reduced by Congress but Congress may add more tribunal to entertain, hear and determine controversies and render judgment
thereon.
Art 6 Sec 30 of the Consti:
How is jurisdiction acquired?
No law shall be passed increasing the appellate jurisdiction of the SC as
provided in this Constitution without its advice and concurrence OVER Acquired by the filing of the complaint, petition or
PLAINTIFF/PETITIONER initiatory pleading before the court by the plaintiff or
2. PROCEDURAL AND SUBSTANTIVE petitioner.
OVER 1. Voluntary appearance
Procedural and Substantive Rules DEFENDANT/RESPONDENT 2. Submission by the defendant to the court
3. Coercive process issued by the court (summons)
Procedural law: the body of legal rules that govern the process for OVER SUBJECT MATTER Conferred by law
determining the rights of parties OVER THE ISSUES 1. Determined by the pleadings
Substantive law: body of rules that determine the rights and obligations of 2. Determined by agreement in a pre-trial
persons order/stipulation
3. Implied consent: failure of a party to object to
evidence on an issue not covered by the pleadings
3. FORCE AND EFFECT OF RULES OF COURT
OVER THE RES (PROPERTY Acquired by actual/constructive seizure by the court of
WHICH IS THE SUBJECT OF the thing e.g. attachment, garnishment, provision of law
Rules of Courts, promulgated by authority of law, have the force and effect of
LITIGATION) (like in land registration proceedings)
law; and rules of court prescribing the time within which certain acts must be done,
or certain proceedings taken are considered absolutely indispensable to the
prevention of needless delays and to the orderly and speedy discharge of 7. ESTOPPEL TO DENY JURISDICTION
judicial business. (Shioji vs. Harvey, 43 Phil., 333)
Hinog v. Melicor: Party motioned to serve a supplemental pleading. It was
4. POWER OF THE SC TO SUSPEND RULES OF COURT considered as seeking affirmative relief from the courts.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial 2. Petitions for guardianship, custody of children, habeas
Courts shall exercise: corpus in relation to the latter;
3. Petitions for adoption of children and the revocation
Exclusive Original 1. Civil actions and probate proceedings + grant of thereof;
Jurisdiction provisional remedies in proper cases 4. Complaints for annulment of marriage, declaration of
a. MM: value of the personal property or nullity of marriage and those relating to marital status
estate or the amount of demand does not and property relations of husband and wife or those
exceed 400k living together under different status and agreements,
b. Outside MM: value of the personal property and petitions for dissolution of conjugal partnership of
or estate or the amount of demand does gains;
not exceed 300k 5. Petitions for support and/or acknowledgment;
Note: interest, damages, atty’s fees, litigations expenses 6. Summary judicial proceedings brought under the
and costs are NOT included in the determination of provisions of Executive Order No. 209, otherwise known
jurisdiction but are INCLUDED in the determination of filing as the "Family Code of the Philippines";
fees 7. Petitions for declaration of status of children as
abandoned, dependent o neglected children, petitions
2. Cases of forcible entry and unlawful detainer for voluntary or involuntary commitment of children;
the suspension, termination, or restoration of parental
Note: when defendant raises questions of ownership in his authority and other cases cognizable under Presidential
pleadings and the question of possession cannot be resolved Decree No. 603, Executive Order No. 56, (Series of
w/o deciding the issue of ownership, the issue of ownership 1986), and other related laws;
shall be resolved ONLY to determine the issue of possession 8. Petitions for the constitution of the family home;
9. Cases against minors cognizable under the Dangerous
3. Civil actions which involved the title to or possession Drugs Act, as amended;
of real property or any interest therein 10. Violations of Republic Act No. 7610, otherwise known as
a. MM: assessed value does not exceed 50k the "Special Protection of Children Against Child Abuse,
b. Outside MM: assessed value does not exceed Exploitation and Discrimination Act," as amended by
20k Republic Act No. 7658; and
11. Cases of domestic violence against:
Note: Exclusive of interest, damages of whatever kind, a. Women - which are acts of gender based
atty’s fees, litigation expenses and costs violence that results, or are likely to result in
physical, sexual or psychological harm or
Note: In case of land not declared for tax purposes, the suffering to women; and other forms of
value of the property shall be determined by the assessed physical abuse such as battering or threats and
value of the adjacent lots. coercion which violate a woman's personhood,
integrity and freedom movement; and
b. Children - which include the commission of all
Family Courts: forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other
Exclusive original 1. Criminal cases where one or more of the accused is conditions prejudicial to their development.
jurisdiction below eighteen (18) years of age but not less than nine
(9) years of age but not less than nine (9) years of age
or where one or more of the victims is a minor at the
time of the commission of the offense: Provided, That if
the minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the
accused may have incurred. The sentence, however, Sandiganbayan:
shall be suspended without need of application pursuant
to Presidential Decree No. 603, otherwise known as the A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
"Child and Youth Welfare Code"; graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Sec. 2, Title
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
VII, Book II of the Revised Penal Code, where one or more of the accused are committed by the public officials and employees mentioned in Sec. a of this Sec. in
officials occupying the following positions in the government whether in a relation to their office.
permanent, acting or interim capacity, at the time of the commission of the
offense: C. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.
(1) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade '27' and higher, of the In cases where none of the accused are occupying positions corresponding to
Compensation and Position Classification Act of 1989 (Republic Act No. salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or
6758), specifically including: military or PNP officers mentioned above, exclusive original jurisdiction thereof
shall be vested in the proper regional trial court, metropolitan trial court,
"(a) Provincial governors, vice-governors, members of the municipal trial court and municipal circuit trial court ' as the case may be,
sangguniang panlalawigan and provincial treasurers, assessors, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg.
engineers and other provincial department heads; 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
"(b) City mayors, vice-mayors, members of the sangguniang judgments, resolutions or orders or regional trial courts whether in the exercise
panlungsod, city treasurers, assessors engineers and other city of their own original jurisdiction or of their appellate jurisdiction as herein
department heads; provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for
"(c) Officials of the diplomatic service occupying the position of the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus,
consul and higher; injunctions, and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising
"(d) Philippine army and air force colonels, naval captains, and all or that may arise in cases filed or which may be filed under Executive Order
officers of higher rank; Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme Court.
"(e) Officers of the Philippine National Police while occupying the The procedure prescribed in Batas Pambansa Blg. 129, as well as the
position of provincial director and those holding the rank of senior implementing rules that the Supreme Court has promulgated and may
superintendent or higher; hereafter promulgate, relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review filed with the
"(f) City and provincial prosecutors and their assistants, and Sandiganbayan. In all cases elevated to the Sandiganbayan and from the
officials and prosecutors in the Office of the Ombudsman and Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through
special prosecutor; its special prosecutor, shall represent the People of the Philippines, except in
cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"(g) Presidents, directors or trustees, or managers of In case private individuals are charged as co-principals, accomplices or
government-owned or -controlled corporations, state universities accessories with the public officers or employees, including those employed in
or educational institutions or foundations; govemment-owned or controlled corporations, they shall be tried jointly with
said public officers and employees in the proper courts which shall exercise
(2) Members of Congress and officials thereof classified as Grade'27'and up exclusive jurisdiction over them.
under the Compensation and Position Classification Act of 1989; Any provisions of law or Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil
(3) Members of the judiciary without prejudice to the provisions of the liability shall at all times be simultaneously instituted with, and jointly
Constitution; determined in, the same proceeding by the Sandiganbayan or the appropriate
courts, the filing of the criminal action being deemed to necessarily carry with it
(4) Chairmen and members of Constitutional Commissions, without the filing of the civil action, and no right to reserve the filing of such civil action
prejudice to the provisions of the Constitution; and separately from the criminal action shall be recognized: Provided, however,
That where the civil action had therefore been filed separately but judgment
(5) All other national and local officials classified as Grade'27'and higher therein has not yet been rendered, and the criminal case is hereafter filed with
under the Compensation and Position Classification Act of 1989. the Sandiganbayan or the appropriate court, said civil action shall be
transferred to the Sandiganbayan or the appropriate court, as the case may be,
B. Other offenses or felonies whether simple or complexed with other crimes for consolidation and joint determination with the criminal action, otherwise the
separate civil action shall be deemed abandoned."
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
The extent of the authority of CSC to review decision of the MSPB is now a
Quasi Judicial Bodies settled manner. Under Sec 47, EO 292, CSC shall decide on appeal all
administrative cases involving the imposition of:
SEC: Securities and Exchange Commission 1. A penalty of suspension for more than 30 days
2. Fine in an amount exceeding 30 days salary
Section 5. Powers and Functions of the Commission.– 3. Demotion in rank or salary or transfer
4. Removal or dismissal from office
5.1. The commission shall act with transparency and shall have the powers and Settled is the rule that a tribunal, board or officer exercising judicial functions
functions provided by this code, Presidential Decree No. 902-A, the Corporation acts without jurisdiction if no authority has been conferred by law to hear and
Code, the Investment Houses law, the Financing Company Act and other existing decide the case.
laws. Pursuant thereto the Commission shall have, among others, the following
powers and functions: HLURB: House and Land Use Regulatory Board
(a) Have jurisdiction and supervision over all corporations, partnership or
associations who are the grantees of primary franchises and/or a license or Sandoval vs. Cañeba
a permit issued by the Government;
the National Housing Authority (NHA), now known as House and Land
(l) Issue subpoena duces tecum and summon witnesses to appear in any Use Regulatory Board (HLURB), it has exclusive jurisdiction to hear and
proceedings of the Commission and in appropriate cases, order the decide a complaint for collection of unpaid installments against a
examination, search and seizure of all documents, papers, files and subdivision lot buyer, not the regular courts.
records, tax returns and books of accounts of any entity or person under
investigation as may be necessary for the proper disposition of the cases 10. KINDS OF ACTION
before it, subject to the provisions of existing laws;
As to CAUSE OF ACTION: -> Important in determining venue
(n) Exercise such other powers as may be provided by law as well as those
which may be implied from, or which are necessary or incidental to the Real Action An action affecting title to, possession of and interest in real
carrying out of, the express powers granted the Commission to achieve the property
objectives and purposes of these laws.
VENUE: place where the property lies
5.2. The Commission’s jurisdiction over all cases enumerated under section 5 of
Personal Action Brought for
Presidential Decree No. 902-A is hereby transferred to the Courts of general 1. recovery of personal property
jurisdiction or the appropriate Regional Trial Court:Provided, That the
2. for the enforcement of some contract or recovery of
Supreme Court in the exercise of its authority may designate the Regional Trial damages for its breach
Court branches that shall exercise jurisdiction over the cases. The
3. for the recovery of damages for the commission of
Commission shall retain jurisdiction over pending cases involving intra- an injury to the person or property
corporate disputes submitted for final resolution which should be resolved
within one (1) year from the enactment of this Code. The Commission shall VENUE:
retain jurisdiction over pending suspension of payment/rehabilitation
cases filed as of 30 June 2000 until finally disposed. 1. place where the plaintiff or any of the principal
plaintiffs resides
2. the defendant or any of the principal defendants
resides, at the election of the plaintiff
CSC:
As to the OBJECT -> Important in determining how one will be served summons
Magpale, Jr vs. Civil Service Commission
Action in Rem An action against the thing itself
Judgment is binding against the whole world
Example: Accion Publiciana, Land registration proceedings
Action in An action against a particular person on the basis of his
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Personam personal liability EX: However, its non-payment at the time of filing does not automatically
cause the dismissal as long as the fee is paid within the applicable reglementary
Jurisdiction over the defendant (and SM) is necessary period
Example: Collection case Sun Insurance Office, Ltd (SIOL) vs. Asuncion
Action quasi in An individual is named as defendant, and the purpose of Permissive counter-claims, third-party claims and the like shall not be
rem the proceeding is to subject his interest therein to the considered filed until and unless the prescribed filing fee is paid. When the
obligation or lien burdening the property judgment of the courts awards a claim not specified in the pleading, the
additional filing fee shall constitute a lien on the judgment.
However, jurisdiction over the defendant is NOT required to In the case at bar, a more liberal interpretation of the rules is called for
confer jurisdiction over the court as lonjg as the court acquires considering Tiong demonstrated his willingness to abide by the rules
jurisdiction over the thing itself. and pay the additional docket fees
Example: Proceeding where the sole object is the sale of the 13. CAUSE OF ACTION: RULE 2
property of the defendant by attachment, foreclosure, etc. The
judgment entered in these proceedings is binding only Rule 2
between the parties. Also, quieting of title.
Cause of Action A cause of action is the act or omission by which a party
11. COMMENCEMENT OF ACTION: CONDITION PRECEDENT violates a right of another
Elements of 1. a right in favor of the plaintiff by whatever means and
Lumbuan v. Ronquillo cause of action under whatever law it arises or is created;
2. an obligation on the part of the named defendant to
The prime objective of the Katarungnang Pambarangay Rules is to reduce the Right, Obligation respect or not to violate such right; and
number of court litigations to respect right, 3. an act or omission on the part of such defendant in
In this case, the Lupon/Pangkat Chairman and Lupon/Pangkat Secretary signed Violation of right violation of the right of the plaintiff or constituting a
the Certificate to File Action stating that no settlement was reached by the breach of the obligation of the defendant to the
parties. plaintiff for which the latter may maintain an action
While admittedly no pangkat was constituted, it was not denied that the for recovery of damages.
parties met at the office of the Barangay Chairman for possible SPLITTING a A party mat not institute more than one suit for a single cause
settlement. cause of action of action
o The efforts of the Barangay Chairman, however, proved futile as Effects of The filing of one or a judgment upon merits in any one is
no agreement was reached. Although no pangkat was formed SPLITTING available as a ground for the dismissal of the others
o There was substantial compliance with the law.
o It is noteworthy that under the aforequoted provision, the Rule 16: MTD:
confrontation before the Lupon Chairman or the pangkat is sufficient
compliance with the precondition for filing the case in court a. Bar by prior judgment (RES JUDICATA)
b. Another action pending between the same parties for
the same cause (LITIS PENDENTIA)
JOINDER of A party may in one pleading assert, in the alternative or
CAUSES of otherwise, as many causes of action as he may have against an
ACTION opposing party subject to the following conditions:
12. COMMENCEMENT OF ACTION: PAYMENT OF FILING FEE 1. The party joining the causes of action shall comply with the
rules on joinder of parties;
Hinog v. Melicor (reiterating Sun Insurance) 2. The joinder shall not include special civil actions or actions
governed by special rules;
GR: Payment of the prescribed docket fee is a jurisdictional requirement 3. Where the causes of action are between the same
parties but pertain to different venues or
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
jurisdictions, the joinder may be allowed in the C occupied a parcel of land and used it as his fishpond. T allegedly forcibly
Regional Trial Court provided one of the causes of entered the premises. After dispossessing C, T carted away a lot of fish and
action falls within the jurisdiction of said court and even defaced the chapel in the premises.
the venue lies therein C filed with the MTC a complaint for forcible entry. Also, C filed a complaint for
4. Where the claims in all the causes of action are principally damages in the RTC alleging that the intrusion caused him damage
for recovery of money, the aggregate amount claimed
shall be the test of jurisdiction Issue: Can C independently file a case for damages in the RTC for acts that were
Effect of In this situation, there are actually two causes of action which done by T after C was disposed? YES.
MISJOINDER of were mistakenly joined.
causes of action This is because the recoverable damages in forcible entry and detainer
Remedy: On motion of a party or in the court’s initiative, the cases refer to rents of the reasonable compensation for the use and
misjoined cause of action may be severed and proceeded with occupation of the premises.
separately The only form of damages that may be recovered in a forcible entry action is
the fair rental value or the reasonable compensation for the use and
Joseph v. Bautista: One injury = One cause of action occupation of the properties
In this case, C’s claim for damages have no direct relation to the loss of
It is true that a single act or omission can be violative of various rights at the possession of the premises because it had to do with T’s alleged harvesting and
same time. carting away several tons of milkfish in the fishponds, the destruction of the
However, when there is only one delict or wrong, there is but a single cause of chapel AFTER the act of dispossession
action regardless of the number of rights that may have been violated There was no splitting of a cause of action in this case.
belonging to one person
The singleness of a cause of action lies in the singleness of the delict or wrong Uniwide Holdings, Inc vs Cruz
vilating the rights of one person.
In the case at bar, there is no question that Joseph sustained a single injury on U, doing business in PARANAQUE, entered into a franchise agreement with C,
his person AND that vested him a single cause of action, even with the wherein C was granted a 5 year franchise agreement. In the agreement, it was
correlative rights of action against the different respondents stipulated that QC will be the venue of any action involving the agreement.
C bought goods from A. A assigned this receivable back to U. C failed to pay
Progressive v. CA: certain fees arising from the franchise agreement with U and arising from its
transaction with A.
P leased to W a parcel of land. W failed to pay rentals so P repossessed the In response, U filed a case in RTC Paranaque to collect both on the transaction
leased premises. W then filed a complaint against P for forcible entry in the arising from the FRANCHISE AGREEMENT and on the receivable that was
MeTC. In the MeTC, the parties compromised and agreed that W would pay. W ASSIGNED to it. C filed a MTD claiming that the courts of QC had exclusive
didn’t pay but it still filed an action for damages in the RTC against P. jurisdiction as per the agreement.
Issue: Should an action for damages filed with the RTC by the lessee against the Issue: Should the case be dismissed on the ground of improper venue? NO
lessor be dismissed on the ground of the pendency of another action of forcible
entry with damages with the MeTC? YES There are two causes of action here. One is U’s cause of action arising from C’s
breach of the franchise agreement. The second is U’s cause of action arising
The RoC clearly provides that no claim for damages arising out of forcible from the receivable that A assigned to it.
entry or unlawful detainer may be filed separately and independently of In this case, Rule 2 Sec 5 was applied to wit: Where the causes of action are
the claim for restoration of possession between the same parties but pertain to different venues or jurisdictions, the
More importantly, the restoration of possession and demand for actual joinder may be allowed in the Regional Trial Court provided one of the causes
damages in the MeTC and the demand from the RTC both arise from the of action falls within the jurisdiction of said court and the venue lies therein
same cause of action namely: the forcible entry of P into the leased This is PRECISELY what happened: cause of action 1 pertains to QC as per the
premises venue agreement, cause of action 2 is covered by the general rule on venue:
Basically, the damages case was also based on the forcible entry, which was place where the plaintiff resides. U was in its right to file the case in the RTC
W’s only cause of action. It was split so it was indeed a ground for dismissal. Paranaque (The joinder is allowed in this case)
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Exercise:
a. A has a 299k money claim against B. In his complaint, A also asked for
1M in damages. Where should it be filed?
i. Answer: MTC. This is because the money claim is the main
of cause of action
b. In Greenhills, D bought an ipod from F for 20k. D then bought an LCD
TV worth 200k from F. D again bought a computer for 300k from F. D
failed to pay. Where should F file his collection case?
i. Answer: RTC. This is because the aggregate amount claimed
is the test of jurisdiction. Amount: 520k. It does not matter
that it arose from the same transaction in this case.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
PARTIES TO A CIVIL ACTION o In fact, they admitted that they did not seek affirmative relief from
COA. They clearly have no standing
WHO MAY BE PARTIES 1. Natural Person
o As the incumbent COA officers, it was held that they were not demoted
IN A CIVIL ACTION? 2. Juridical person (corporations, parts, State and its
political subdivisions)
3. Entity authorized by law 7. REPRESENTATIVE PARTIES
WHO IS CONSIDERED 1. Claiming party
THE PLAINTIFF? 2. Counter-claimant REPRESENTATIVE Where the action is allowed to be prosecuted or defended by a
3. Cross-claimant PARTIES representative or someone acting in a fiduciary capacity
4. Third party plaintiff
THE DEFENDANT? 1. Original defending party The beneficiary shall be included in the title of the case and
2. Defendant in counterclaim shall be deemed the real party in interest
3. Cross-defendant WHO IS A 1. Trustee of express trust
4. Third party defendant REPRESENTATIVE? 2. Guardian
3. Executor/Administrator
5. REAL PARTY IN INTEREST 4. Party authorized by law/these rules
5. Agent acting in his own name and for the benefit of an
undisclosed principal
A real party in interest is the party who stands to be benefited or injured by
a. Except when the contract involves thing belonging
the judgment in the suit
to the principal
o The party entitled to the avails of the suit
General Rule: Every action must be prosecuted or defended in the name of
Oposa v. Factoran
the real party in interest
o Exception: Unless provided by law or these rules
The plaintiffs in this case are all minors duly represented and jointed by their
respective parents and the defendant is Sec Alcala of the DENR
6. PERSONALITY OR STANDING TO SUE o They also claim to represent their generation as well as generation yet
unborn
Evangelista v. Santiago: A was considered to lack personality to file action for In this class suit, they pray for the DENR to cancel all existing timber license
quieting of title because he had no legal or equitable title to the subject property agreements in the country and as their cause of action, they cite the
Constitution recognizing the right of the people to a balanced and healthful
Domingo v. Carague ecology
The DENR Sec argues that the plaintiffs have no standing
The petitioners in this case assail the legality of a resolution of the Commission
on Audit providing for Organizational Restructuring Plan for being void and Issue: Do the plaintiffs have standing?
lacking an enabling law.
Petitioners Domingo and others are retired Chairmen/Commissioners of the The SC ruled that the civil case was indeed a class suit because the subject
COA and they are assailing the resolution as concerned taxpayers matter of the complaint is of common and general interest to all citizens of the
Co-petitioners Matib and Sanchez are incumbent officers of the COA. They Philippines
allege that they were divested of their designations and ranks and subsequently Doctrine: The SC also ruled that the plaintiffs are within their right to file a
caused financial prejudice class suit for their generation and for the succeeding generations
This is based on the concept of intergenerational responsibility insofar as the
Issue: Do the petitioners have standing to sue? No. right to a balanced and healthful ecology is concerned
The complaint also has a cause of action for the petitioners detailed that their
The SC started to discuss the litany of political law cases wherein they held that right to a balanced and healthful ecology was/is clearly violated by the TLAs
the petitioners in these various cases had standing to sue based on their
constitutional rights (Chavez v. PEA) and that they had direct and substantial Sec 4: Spouses as parties: Husband and wife shall sue or be sued jointly, except
interests to protect as provided by law
In this case, petitioners (the retired/former COA officers) have no shown any Sec 5: Minor/Incompetents: A minor or a person alleged to be incompetent may
direct and personal interest in the COA restructuring plan because there sue or be sued, with the assistance of his father, mother, guardian or guardian ad
is no showing that they have sustained or are in imminent danger of sustaining litem.
some direct injury as a result of the implementation of the plan
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
(a) the right to relief arises out of the same transaction or series of transactions;
8. INDISPENSABLE PARTIES AND NECESSARY PARTIES
(b) there is a question of law or fact common to all the plaintiffs or defendants; and
INDISPENSABLE PARTY NECESSARY PARTY
(c) such joinder is not otherwise proscribed by the provisions of the Rules on
jurisdiction and venue
Definition One whose interest will be One who is not indispensable
affected by the court’s action in but ought to be joined as a
the litigation, and without whom party if complete relief is 10. EFFECTS OF MISJOINDER AND NON-JOINDER OF PARTIES
no final determination of the case to be accorded as those
can be had. They have to be already parties, or for a Sec 11: Misjoinder and non-joinder of parties:
included complete
determination/settlement Neither misjoinder nor non-joinder of parties is ground for dismissal of an
of the claim subject of the action.
action Parties may be dropped or added by order of the court on motion of any party
Effect if not The absence of an indispensable The court can still validly or on its own initiative at any stage of the aftion and on such terms as are just
included party renders all subsequent proceed even in the absence Any claim against a misjoined party may be severed and proceeded with
actions of the court null and void. of a necessary part separately
This has the curing effect. An action does become a class suit merely because it is designated as such for
it depends on the attending facts and the complaint
In this case, the complaint did not state the number of said CMI subscribing
stockholders so that the trial court could not infer that the parties actually
9. PERMISSIVE JOINDER OF PARTIES before it were sufficiently numerous and representative
Further, each one of the appellants and the CMI stockholders had
Sec 6: Permissive Joinder of Parties: determinable interest for each one had a right only to his respective
portion of the stocks. Not one of them had any right to the stock to which
All persons in whom or against whom any right to relief in respect to or another was entitled.
arising out of the same transaction or series of transactions is alleged to Also, ―separate wrongs to separate persons” although committed by
exist, whether jointly, severally or in the alternative, may, except as otherwise similar means and even pursuant to a single plan do not create a
provided in these rules, join as plaintiffs or be joined as defendants in one general interest as to entitle them to a class suit.
complaint, where any question of law or fact common to all such plaintiffs,
or to all such defendants may arise in such action
12. DEFENDANTS
But the court may make such orders as may be just to prevent any plaintiff or
defendant from being embarrassed or put to expense in connection with any
Sec. 10. Unwilling co-plaintiff.
proceedings in which he may have no interest
If the consent of any party who should be joined as plaintiff cannot be obtained, he
may be made a defendant and the reason therefor shall be stated in the
Permissive joinder of parties requires that: (Regalado Compendium)
complaint.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
When two or more persons not organized as an entity with juridical De la Cruz v. Joaquin
personality enter into a transaction, they may be sued under the name by
which they are generally or commonly known. Doctrine: The general rule is that proceedings wherein no substitution is made
upon death of the original party are null and void
In the answer of such defendant, the names and addresses of the persons Doctrine: However, a formal substitution by heirs is NOT necessary
composing said entity must all be revealed. when they themselves voluntarily appear, participate in the case and
present evidence.
o These actions negate any claim that the right to due process was
violated
Doctrine: Strictly speaking, the rule on the substitution by heirs is not a
13. DUTY OF COUNSEL WHEN PARTY DIES + EFFECT OF NON-SUBSTITUTION OF
matter of jurisdiction but a requirement of due process. Thus, when due
DECEASED PARTY
process is not violated, as when the right of the representative is protected,
non-compliance or belated formal compliance with the rules cannot affect the
Sec. 16. Death of party; duty of counsel. validity of a promulgated decision.
o Mere failure to substitute for a deceased plaintiff is not a
Whenever a party to a pending action dies, and the claim is not thereby sufficient ground to nullify a trial court’s decision.
extinguished, it shall be the duty of his counsel to inform the court within N.B. as compared with the Hinog ruling, I think the SC wants to reiterate that
thirty (30) days after such death of the fact thereof, and to give the the rule on substitution is for the deceased party. Whether or not right to due
name and address of his legal representative or representatives. process was violated. Depends on the case.
Failure of counsel to comply with this duty shall be a ground for disciplinary
action. Limbauan v. Acosta
The heirs of the deceased may be allowed to be substituted for the
deceased, without requiring the appointment of an executor or It is well settled that the failure of counsel to comply with his duty under
administrator and the court may appoint a guardian ad litem for the minor Section 16 to inform the court of the death of his client and no substitution of
heirs. such party is effected, will not invalidate the proceedings and the
The court shall forthwith order said legal representative or representatives to judgment thereon if the action survives the death of such party.
appear and be substituted within a period of thirty (30) days from notice.
If no legal representative is named by the counsel for the deceased 14. OTHERS: ROUNDING OUT RULE 3
party, or if the one so named shall fail to appear within the specified
period, the court may order the opposing party, within a specified time,
Sec. 17. Death or separation of a party who is a public officer.
to procure the appointment of an executor or administrator for the
estate of the deceased and the latter shall immediately appear for and
When a public officer is a party in an action in his official capacity and
on behalf of the deceased.
during its pendency dies, resigns, or otherwise ceases to hold office,
The court charges in procuring such appointment, if defrayed by the opposing
party, may be recovered as costs.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
o The action may be continued and maintained by or against his Such authority shall include an exemption from payment of docket and
successor IF within thirty (30) days after the successor takes office other lawful fees, and of transcripts of stenographic notes which the court
or such time as may be granted by the court, may order to be furnished him.
It is satisfactorily shown to the court by any party that: o The amount of the docket and other lawful fees which the indigent was
there is a substantial need for continuing or exempted from paying shall be a lien on any judgment rendered in
maintaining it AND the case favorable to the indigent, unless the court otherwise
that the successor adopts or continues or provides.
threatens to adopt or continue the action of his Any adverse party may contest the grant of such authority at any time before
predecessor. judgment is rendered by the trial court.
Before a substitution is made, the party or officer to be affected shall be If the court should determine after hearing that the party declared as an
given reasonable notice of the application therefor and accorded an indigent is in fact a person with sufficient income or property, the proper docket
opportunity to be heard. and other lawful fees shall be assessed and collected by the clerk of court.
o unless the party/officer affected assents to the substitution If payment is not made within the time fixed by the court, execution shall issue
for the payment thereof, without prejudice to such other sanctions as the court
Sec. 18. Incompetency or incapacity Keyword: The action may be allowed to may impose.
continue
Sec. 22. Notice to the Solicitor General.
If a party becomes incompetent or incapacitated,
o The court, upon motion with notice, may allow the action to be In any action involving the validity of any treaty, law, ordinance, executive
continued by or against the incompetent or incapacitated order, presidential decree, rules or regulations,
person assisted by his legal guardian or guardian ad litem. o The court, in its discretion, may require the appearance of the
Solicitor General who may be heard in person or through a
Sec. 19. Transfer of interest Keyword: The action may be continued against the representative duly designated by him.
original party
Sec. 21. Indigent party. Keyword: Court must be satisfied that the party is poor Venue of Actions
REAL PERSONAL: RESIDENCE AGAINST NON-
A party may be authorized to litigate his action, claim or defense as an AND NOT DOMICILE RESIDENTS
indigent if the court, upon an ex parte application and hearing, is satisfied Court which has 1. Where the plaintiff or 1. commenced and
that the party is one who has no money or property sufficient and available for jurisdiction over the area any of the principal tried in the court
food, shelter and basic necessities for himself and his family. where the property, or a plaintiffs resides of the place
portion thereof is situated 2. Where the defendant/ where the
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Unless and until the defendant objects to the venue in a motion to What is a pleading? (Rule 6, Sec 1)
dismiss prior to a responsive pleading, the venue cannot truly be said
to have been improperly laid. It is a written statement of the respective claims and defenses of the
In this case, the motion to dismiss was belatedly filed and could no longer parties submitted to the court for appropriate judgment (It’s basically the paper
deprive the court of its jurisdiction. filed to either BEGIN or ANSWER a civil action)
Well-settled is the rule that improper venue may be waived and such
waiver may occur by laches. What is a motion? (Rule 15, Sec 1)
Legsapi v. Republic On the other hand, a motion is an application for relief other than a pleading.
(Basically, a motion is a request made to the Court for an Order compelling the
As regards restrictive stipulations on venue, jurisprudence instructs that it must other side to do something or compelling the court to do something)
show that such stipulation is exclusive.
In the case at bar, the venue is specific (Quezon City) and accompanied by the Where can parties assert their claim? (Rule 6 Sec 2)
words ―the Contractor hereby expressly waiving any other venue‖ which
connotes exclusivity. 1. Complaint (this is the pleading alleging the plaintiff’s cause of action, more on
The terms clearly stipulate exclusively the venue where action arising from the this below)
Construction Agreement should be filed. 2. Counterclaim
3. Cross-claim
4. Third (fourth) party complaint
16. WAIVER OF IMPROPER VENUE 5. Complaint in intervention
Express Waiver or Implied Waiver What are the parts of the pleading? (Rule 7, Sec 1-5)
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
GR: pleadings need not be under oath and verified Rule 8: Manner of making allegations in pleadings
EX: when specifically required by law to be verified ((Petition to
take deposition before action, Petition for certiorari, Prohibition or How are Every pleading shall contain a plain, methodical, plain,
Mandamus, Pleadings in summary procedure, etc: the list is allegations concise and direct statement of the ultimate facts on
comprehensive: made in which the party relies for his claim or defense
http://lawinnovations.wordpress.com/2009/11/19/verifiedpleadin pleadings
gs/ Evidentiary facts should be omitted.
If not verified when required, the pleading can be dismissed out If a defense relied on is based on law, the provisions thereon and
right. their applicability to him shall be clearly and concisely stated.
Certification Required only for the complaint or initiatory pleading Ultimate facts Facts which directly form the basis of the right sought to be
against enforced, or the defense relied upon.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Capacity Facts showing the capacity of a party to do the following must be Document)
averred: Need to bring When the presence of parties other than those to the original
a. To sue or be sued in new parties action is required for the granting of complete relief in the
b. Authority to sue or be sued in a representative in determination of a counterclaim or cross-claim, the court shall
capacity counterclaim order them to be brought in as defendants, if the court can get
c. Legal existence of an organized association of or cross claim jurisdiction over them.
persons
17. SUBSTANTIAL REQUIREMENTS OF PLEADINGS: THE COMPLAINT
A party desiring to raise an issue as to the legal existence of
any party or the capacity of the party to sue or be sued in
Complaint: The complaint is the pleading alleging the plaintiff’s cause/s of action.
a representative capacity shall do so by specific denial
The names and residences of the plaintiff and defendant must be stated in he
(include supporting particulars that are within the pleader’s
complaint. As stated beforehand, the complaint must be organized, concise and
knowledge)
straight to the point, only including the ultimate facts relied upon. Further, the
Alternative A party may set forth two or more statements of a claim or
capacity of parties to sue/be sued must be averred.
claims or defense alternatively or hypothetically either in one cause of
defenses action or defense OR in separate causes of action or defenses
Reyes v. RTC of Makati: Allegations in complaint determine jurisdiction of
the court
When two or more statements are made in the alternative and
one of them if made independently would be sufficient, the
However, the rule provides that in all averments of fraud or mistake, the
pleading is not made insufficient by the insufficiency of one or
circumstances must be stated with particularity.
more of the alternative statements
o Rodrigo alleged the following in his complaint:
―This is a complaint to determine the shares of stock of the
Alternative pleading permits a party in a court action to argue
deceased spouses Reyes that were arbitrarily and fraudulently
multiple possibilities that may be mutually exclusive by
appropriated for himself x x x‖
making use of legal fiction.
Oscar through other schemes of fraud, unilaterally took
possession and control of the management of Zenith‖
Pleading in the alternative: sets forth multiple claims or
By some manipulative scheme, the shares of the mother was
defenses either hypothetically or alternatively such that if one of
transferred solely in Oscar’s name‖
the claims or defenses are held invalid, the others should still
It is clear that these allegations of fraud are not properly supported by
have to be answered
the required factual allegations. They are not particular enough to
confer jurisdiction on RTC Makati, a special commercial court. Rodrigo
Performance In any pleading, a general statement of the performance or failed to show that the corporation’s nature, structure or powers were
of condition occurrence of all conditions precedent shall be sufficient.
used to facilitate the fraudulent scheme.
precedent In essence, Oscar, as an individual, was alleged to have transferred the shares
Averments of In all averments of fraud or mistake, the circumstances of Anastacia to his name, allowing him to become the majority stockholder.
fraud, mistake constituting fraud or mistake must be stated with particularity. The complaint should’ve shown on its face what are claimed to be the
or condition of fraudulent corporate acts in order to invoke RTC Makati’s jurisdiction.
mind However, malice, intent, knowledge or other condition of the Unfortunately, Rodrigo was given the opportunity to amend his complaint but
mind of a person may be generally averred he refused.
Pleading In pleading a judgment or decision of a domestic/foreign court, The court’s function in resolving issues of jurisdiction is limited to the
judgments judicial, quasi judicial tribunal, or of a board or officer, it is review of the allegations of the complaint, and on the basis of
SUFFICIENT to aver the judgment or decision w/o setting forth allegations, to the determination of whether they fall within the terms
matter showing jurisdiction to render it. of law defining the court’s jurisdiction. Therefore, RTC does NOT have
Official In pleading an official document/act, it is sufficient to aver that jurisdiction.
documents the document was issued or the act done in compliance with law.
Action or Whenever an action or defense is based on a written
defense based instrument/document, the substance of such instrument shall be
on document set forth in the pleading.
(Actionable
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
18. SUBSTANTIAL REQUIREMENTS OF PLEADINGS: THE ANSWER RM did not deny that he purchased goods on credit BUT his refusal to pay was
due to questionable deliveries and such. RM failed to show a sales invoice which
Answer (Rule 6 Sec 4-5) It is a pleading wherein a defending party sets forth his substantiated his claim of questionable/short deliveries.
The sales invoices were presented as evidence by M and their genuineness and
defenses
due execution were deemed admitted for RM’s failure to deny them.
The SC ruled that RM’s answer failed to deny or contest the
What are the types of defenses?
genuineness/due execution of any of the receipts or any of the
signatures. RM, in alleging questionable and short deliveries,
1. Negative: A specific denial of the material facts/facts alleged in the pleading of
the claimant essential to his cause/s of action essentially alleges that M committed fraud.
o However, he failed to substantiate it as he chose to present
How are negative defenses alleged: evidence which did not set forth the facts nor substance of
matters upon which to support his denial as required by Rule 8
Sec 8. (RM only presented the load order and issue form, which
SPECIFIC DENIAL a. A defendant must specify what material allegation he
cannot be considered as his order as he can still call up SMC for
denies and state his basis therefore
more orders)
b. If he wishes to deny only a part of an averment, he shall
The best evidence of their transactions were the sales invoices because it
specify what’s true and what he denies
showed that RM acknowledged receipt of M’s deliveries without protest. He
c. If he is without knowledge/information sufficient to form
failed to prove fraud. The lower courts did not err in admitting the evidence.
a belief as to the truth of a material averment, he shall
state this and this shall operate as a denial
Philippine American general Insurance Co. v Sweet Lines
Effect of failure to deny: ADMISSION
A maritime suit was commenced by petitioner Philippine American General
QUESTIONING A party desiring to raise an issue as to the legal existence
Insurance (Philamgen) and Tagum Plastics against respondents Sweet Lines
CAPACITY OF of any party or the capacity of the party to sue or be
and (carrier) Davao Veterans Arrastre and Port Services (arrastre operator)
PLAINTIFF TO SUE sued in a representative capacity shall do so by specific
seeking recovery of cost of lost or damaged goods
denial (include supporting particulars that are within the
COMPLAINT: It is alleged that Tagum Plastics ordered shipments of
pleader’s knowledge)
Polythylene. Only 5.8k bags out of the 7k bags, however, were in good
QUESTIONING THE The genuineness and due execution of the instrument shall
condition.
GENUINENESS OF be deemed admitted when an action or defense is founded
ANSWER: SLI, in its answer, raised the defense of prescription as per the bill
THE DOCUMENT upon a written instrument (an actionable document)
of lading which provided:
o Bill of lading provides that claims for misdelivery, loss or damage must
UNLESS: the adverse party, under oath, specifically denies
be filed within 30 days from accrual. Suits arising from shortage,
them and sets forth what he claims to be the facts -> this
damage, or loss, etc shall be instituted within 60 days. Failure to file
denial must be verified
claims or institute judicial proceedings constitutes a waiver of right of
action
Requirement of oath not needed when:
o Further, even if the bills of lading were not formally offered in
evidence, the CA ruled that the litigation obviously depended on them
a.The adverse party does not appear to be a party
and that Sweet Lines seasonably raised prescription in its answer.
to he instrument
REPLY: Petitioners stated that these were contracts of adhesion so they should
b. When compliance with a court order for an
be declared null and void for being against public policy
inspection of the original instrument is refused
The RTC ruled in favor of the petitioners and ordered the respondents to pay.
NEGATIVE A denial pregnant with the admission of the substantial facts The CA however dismissed the complaint on the ground of prescription, as
PREGNANT: in the pleading responded to which are NOT squarely denied. provided in the bill of lading.
Petitioners argue that the CA erred in upholding, without proof of the existence
of the so-called prescriptive period and hypothetically, even if there was, it is
null and void, and even if it was valid, that they complied therewith
Memita v. Masongsong
Issue: Can Sweet Lines maintain prescription as a defense?
M supplied RM with chicken on credit. M then filed a complaint alleging that
RM’s credit has already reached 600k and that RM refused to pay.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
In its reply, petitioner failed to specifically deny the existence of the bills of ANSWER OF Within 15 days after service of summons UNLESS a different
lading. This amounts to an admission. Judicial admissions made by parties in DEFENDANT period is fixed by the court
the pleadings/course of the trial are conclusive, no evidence being required to ANSWER OF A Must be filed within 30 DAYS after receipt of such summons by
prove the same. DEFENDANT such entity
Moreover, when the due execution and genuineness of an instrument are FOREIGN PRIVATE
deemed admitted because of the adverse party’s failure to make a specific JURIDICAL ENTITY
verified denial thereof, the instrument need not be formally presented as ANSWER TO AN 1. When plaintiff files an amended complaint AS A MATTER OF
evidence . AMENDED RIGHT: defendant has 15 days after being served a copy of
Even granting that petitioner’s averment in its reply amounts to a denial, it is a COMPLAINT the amended complaint
pleading called a negative pregnant, a denial with the admission of the 2. When plaintiff files an amended complaint and it’s not a
substantial facts in the pleading responded to which are not squarely denied. matter of right: defendant has 10 days from notice of the
While petitioners objected to the validity of the agreement for being order admitting the amended complaint
contrary to public policy, the existence of the bills of
lading/stipulations were nevertheless impliedly admitted by them. Note: An answer earlier filed may serve as the answer to the
It follows therefore that the non-inclusion of the bills of lading in the formal amended complaint if no new answer is filed.
offer of evidence cannot, be considered a fatal procedural error as to bar Sweet
Lines from raising the defense of prescription. g. Waiver of defenses (Rule 9 Sec 2): A compulsory counterclaim, or a cross-
Also, it was proven that petitioner failed to file a notice of clam within the claim, not set up shall be barred
prescribed period and did not even allege that it did. CA affirmed.
19. SUBSTANTIAL REQUIREMENTS OF PLEADINGS: COUNTERCLAIM
d. Affirmative: An allegation of a new matter which, while hypothetically
admitting the material allegations in the claimant’s pleading, would
nevertheless prevent recovery by him. Counterclaim (Rule 6 Sec 6): A counterclaim is any claim which a defending party
may have against the opposing party
Examples: FRIED-PP
a. Fraud How is a counterclaim raised?
b. Prescription Included in the A counterclaim may be asserted against an original counter
c. Release answer claimant (counter-counter claim)
d. Payment
e. Illegality A cross-claim may also be filed against an original cross
f. Estoppel claimant
g. Discharge in bankruptcy After the answer A counterclaim or a cross-claim which either matured or was
h. Any other matter by way of confession/avoidance acquired by a party after serving his pleading may, with the
court’s permission, be presented as a counterclaim or a
e. Implied Admissions (Rule 9 Sec 1) cross-claim by supplemental pleading before judgment
General Rule Defenses and objects not pleaded either in a motion to dismiss
or in an answer are deemed waived What should the plaintiff do when a counterclaim is filed?
Exception: The court will DISMISS the claim if it appears from the
pleadings or the evidence on the record that: He should file an answer, because against the counterclaim, he is the defendant. He
has 10 days from service. (Rule 11 Sec 4)
a. The court has no jurisdiction over the subject
matter 20. KINDS OF COUNTERCLAIMS
b. That there is another action pending between
the parties for the same cause COMPULSORY COUNTERCLAIM PERMISSIVE
c. That the action is barred by prior judgment COUNTERCLAIM
d. That the action is barred by prescription DEFINITION It is one which, being cognizable The permissive
by the regular courts of justice, counterclaim arises from
f. Periods to plead (Rue 11 Sec 1-3) arises out of or is connected an event unrelated to
with the transaction or the matter on which
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Extension of time to plead (Rule 11 Sec 11): Court may extend upon
It is generally optional. motion and on such terms as may be just. Court may also allow a
pleading/answer to be filed beyond the fixed time.
But it is required when an action/defense is founded upon a written
instrument BECAUSE the written instrument shall be deemed admitted 23. FORMAL R EQUIREMENTS: FILING AND SERVICE OF PLEADINGS, MOTIONS AND
unless the adverse party, under oath, specifically denies them and sets ORDERS
forth what he claims to be the facts (Rule 8 Sec 8)
Verification (Rule 7 Sec 4): A pleading is verified by an affidavit that the affiant
Casent Realty v. Philbanking (Instance when a reply has to be made in has read the pleading and that the allegations therein are true and correct of his
order to specifically deny the authenticity of an actionable document)
personal knowledge OR based on authentic records
C issued a PN in favor of R. R couldn’t collect so he filed a collection case.
Forum shopping: (reiterated): Forum shopping consists of filing multiple suits
C answered he and R already executed a dacion as regards his loan and C involving the same parties for the same cause of action, either simultaneously or
even presented supporting documents for this.
successively for the purpose of obtaining a favorable judgment
SC ruled that because R did not reply and specifically deny the supporting
documents of the dacion, its genuineness and due execution was deemed
Elements of Forum Shopping: (Ao-As v. CA)
admitted. This is an instance when a reply has to be made in order to deny the
answer which is based on an actionable document.
1. Identity of parties
2. Identity of rights asserted/relief prayed for
3. Identity of two preceding particulars, such that any judgment rendered in the
22. THIRD/FOURTH PARTY C OMPLAINT other action will amount to res judicata in the action under consideration
3rd/4th Party Complaint (Rule 6 Sec 11): A claim that a defending party may, How is forum shopping committed?
with leave of court, file against a person not a party to the action (called the third,
fourth party defendant for): CISA 1. Litis Pendentia: Filing multiple cases based on the same action and with the
Contribution same prayer, the previous case not having been resolved yet
Indemnity 2. Res Judicata: Filing multiple cases based on the same cause of action/prayer,
Subrogation the previous case having been finally resolved
Any other relief 3. Splitting: Filing multiple cases based on the same cause of action but with
o In respect of his opponent’s claim different prayers
What is done in response to a third/fourth party complaint? PAL v. Flight Attendants and Stewards Assoc of the Phils (FASAP)
Rule 6 Sec 13: A third/fourth-party defendant may allege in his answer FASAP and Bhagwani filed a case against PAL for unfair labor practice, illegal
his: suspension and dismissal in NLRC. NLRC ruled in favor of FASAP and ordered
i. Defenses payment of damages. NLRC then modified the finding that PAL was guilty of unfair
ii. Counterclaims/cross claims labor practice. PAL appealed to the CA. The certificate of non-forum shopping
iii. Defenses that that the 3rd/4th party plaintiff may have against that accompanied this appeal is what is at issue in this case. The CNFS was
the original plaintiff’s claim signed by the VP of Human Resources and the AVP of Cabin Services of PAL
iv. In proper cases, he may also assert a counterclaim against without showing that they had authority to sign for PAL. Because of this, the
the original plaintiff in respect of the original plaintiff’s claim appeal was dismissed. An MR was filed but with this time accompanied by a board
against the third party plaintiff resolution which showed that he two had authority. This was again dismissed. The
1. The answer must be filed 15 days after service of SC held that only individuals vested with authority by a valid board resolution may
summons sign the CNFS in behalf of the corporation. The belated submission of the
resolution was sufficient ground for dismissal. Further, at the time the
Remedy if dismissed: If the original plaintiff appeals the dismissal of his CNFS was filed, the two really didn’t have authority. An invalid CNFS cannot
complaint, the defendant-third party plaintiff must also appeal to get be remedied by the subsequent submission of the Resolution
affirmative relief
24. FILING AND SERVICE OF PLEADINGS
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Upon party in default R9 S3: Petitioner Barfel, as sellers, and Private respondent Reginas Industries, as
buyer, entered into an Agreement to Buy/Sell 2 parcels of land. The agreement
If the defending party fails to answer within the time allowed therefor, the court, stated that the seller will apply the payment of cash to the removal of any lien
shall, upon motion of the claiming party with notice to the defending party, on the properties. Barfel warranted that except for a mortgage in favor of BPI,
and proof of such failure, DECLARE the defending party in default. The court there are no other liens on the properties. However, Reginas Industries
twill then proceed to render judgment granting the claimant such relief as his discovered that the properties were subject to an second mortgage with
pleading my warrant PISO/Central Bank
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Subsequently. PSB informed Reginas Industries that its loan application with notice to adverse party and an opportunity to be
which to pay the properties has been approved. This was secured by a real heard. This may be denied if the motion to amend was
estate mortgage on the said properties. PSB undertook to pay the mortgage only for delaying tactics
due to BPI.
Barfel, in bad faith and breach of contract, failed and refused to comply Amendment to When issues not raised by the pleadings are tried with the
with their obligation of securing releasing the second mortgage on the conform to or consent of the parties, they shall be treated as if they
subject properties, preventing the consummation of the sale. Thus, authorize were raised in the pleadings.
Reginas Industries filed a complaint for specific performance and damages presentation of
against Barfel. evidence To conform to the evidence presented, amendments to the
During Barfel’s presentation of evidence, Reginas Industries filed an pleadings may be made upon motion of any party at
amended complaint which consisted of impleading PISO Bank as any time, even after judgment.
additional party defendant and compel it to accept payment of the
existing second mortgage. This was admitted by the court. If evidence is objected to at the trial on the ground that it is
not within the issues made by the pleadings, the COURT
Issue: Was the admission of the amended complaint proper notwithstanding the may allow the pleadings to be amended and shall do so with
provisions Sec 3 Rule 10 which states that ―After the case is set for hearing, liberality if the presentation of the merits and the ends of
substantial amendments may be made only upon leave of court. But such leave justice will be subserved thereby.
may be refused if it appears to the court that the motion was made with intent to
delay the action or that the cause of action or defense is substantially altered? Supplemental pleadings: A pleading that is always by leave court, and upon
motion and upon notice, that seeks to include transactions, occurrences or events
The reason for the amendment impleading PISO is to compel the latter to which have happened since the date of the filing of the pleading sought to be
accept Regina’s payment and release the second mortgage. However, PISO supplemented.
bank is not a party to the contract subject of the action for specific
performance and damages between Reginas and Barfel. Thus, it is not an Amended Supplemental
indispensable party. It seeks to include facts already existing It seeks to include facts that occurred
The action for specific performance by Reginas against Barfel is not the proper at the date of the original pleading since the date of the pleading sought to
venue for releasing all liens the subject property, thus allowing such sought to be amended but were not be supplemented
inclusion would delay proceedings on the original case. pleaded due to inadvertence/mistake
Also, the amendment sought by private respondents, which is to include A matter of right before a responsive Always be leave of court
a new party defendant at a late stage in the proceeding is a substantial pleading is filed
one. Thus, Reginas will have to present additional to the effect that it New copy of entire pleading needed No new copy needed
would be a new trial Original superseded by the amended Original pleading stands and now
includes the supplemental
Kinds of Amendments:
WHAT IS A BILL A more definite statement of any matter which is NOT WHAT IS It is an act or proceeding by which a third person is permitted
OF averred with sufficient definiteness or particularity. It INTERVENTION to become a party to an action or proceeding between other
PARTICULARS? becomes part of the pleading to which it is intended. When persons. Its purpose is to determine all conflicting claims
a pleading is couched in general/vague terms, file for a BoP regards all the parties involved.
PURPOSE To enable the opposing party to properly prepare his WHO MAY 1. One who has a legal interest in the matter of litigation
responsive pleading INTERVENE? 2. One who has legal interest in the success of either of the
parties
Virata v. Sandiganbayan: Function is to limit a pleading, M-S-B-A 3. One who has an interest against both parties
specify more particularly a claim or defense set up in 4. One who is so situated as to be adversely affected by a
general terms, give information to the opposite party and distribution or other disposition of property in the custody
the court as to the precise nature, character, scope and of the court or of an officer thereof
extent of the cause of action. REQUIREMENTS Saw v. CA:
WHEN FILED Before responding to a pleading, a party may move for a bill FOR
of particulars INTERVENTION 1. Legal interest of the movant in the SM of litigation or
EFFECT WHEN Clerk will bring it to the attention of the court and court has TO BE ALLOWED: otherwise qualified (basically, LEGAL INTEREST)
FILED three options: 2. Court must give consideration as to whether:
1. Grant 3. the adjudication of the rights of the original parties
2. Deny may be:
3. Allow the parties an opportunity to be heard a. delayed or prejudiced, or
EFFECT OF NON- 1. The court may order the striking out of the pleading or b. whether intervenor’s rights may be
COMPLIANCE the portions thereof to which the order was directed protected in a separated proceeding or not
2. Make another order as it may deem just MANDATORY OR Intervention is discretionary upon the court for an intervening
INTERRUPTING After service of the BoP or after notice of denial of his DISCRETIONARY? party requires the leave of court.
EFFECT motion,
Intervention can only be remedied by mandamus if the denial
The moving party (party who asked for BoP) may file his was due to GADLEJ
responsive pleading within the period to which he was PLEADINGS TO 1. Complaint-in-intervention: If he asserts a claim
entitled at the time of filing his motion which shall be at BE FILED: against either or all of the original parties
least 5 days at any event 2. Answer-in-intervention: If he unites with the defending
NOTICE AND This is a motion so it requires notice of hearing with proof of party in resisting a claim against the plaintiff
HEARING service to the other party WHEN FILED: Motion to intervene must be filed BEFORE trial court renders
REQUIREMENTS: judgment
Doctrines: Doctrines:
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
WHAT IS A It is an application for relief other than by a pleading 1. Compare and contrast Victory Liner, Lanto and Vlason
MOTION?
FORM In writing Victory Liner Lanto Vlason
Except: those made in open court/course of trial In this case, the losing In this case, A contested a Vlason was not
CONTENTS 1. Relief sought to be obtained party filed a motion for resolution abolishing his informed of any
2. Grounds relied upon reconsideration but did position. He went to court. cause of action
3. Supporting affidavits and other papers if required by the not set the date for The members of the board against it and it was
rules or necessary to prove alleged facts hearing in the motion. (who issued the resolution) NOT validly
NOTICE AND General Rule: every written motion shall be set for hearing The MR was dismissed filed a motion to dismiss summoned. Despite
HEARING by the applicant and it was deemed not and set the hearing for the of that, Vlason was
REQUIREMENTS: have tolled the period motion. A was unable to ordered to be liable in
Exception: Motions which the court may act upon without for appeal. attend the hearing but he the case. Vlason filed
prejudicing the rights of the adverse party was able to file his written an MR but it was
REQUISITES: Victory Liner v. Malinianas: opposition to the motion to dismissed for lack of
dismiss. The judge granted notice of time and
1. Generally written the MTD, BUT took into date of hearing.
2. Relief must be stated consideration A’s
3. Notice of hearing (a date must have been set) to be arguments in his written
addressed to ALL parties concerned opposition.
4. Proof of service required GR: A motion without a EX: When the adverse EX: When a rigid
WHAT IS AN A motion attacking a pleading, order, judgment or notice of hearing (with a party had an opportunity application would
OMNIBUS proceeding (POJP) shall include ALL objections then time and date set) is to oppose, notice of result into
MOTION? available, and all objections not included shall be deemed useless hearing is unnecessary. miscarriage of
waived justice/manifest
injustice
Exception: (Rule 9 Sec 1) Defenses and objections not Reason why motion The SC ruled that the
pleaded either in a motion to dismiss OR in an answer are must set the time and essence of requiring a
deemed waived place for hearing: hearing for a motion is
Unless the movant sets DUE PROCESS.
However, the court will DISMISS the claim when it appears the time and place of
from the pleadings or on evidence on record of these hearing, the court will be In this case, A was able to
situations: unable to determine file his written opposition
a. No jurisdiction over SM whether the adverse and the order of dismissal
b. Litis Pendentia party agrees or objects took into consideration his
c. Res Judicata to the motion and if he arguments.
d. Prescription objects, to hear him on
MOTION DAY GR: All motions shall be schedules for hearing on Friday his objection, since the
afternoons rules themselves DO
NOT fix any period
Ex: If Friday is a non-working day, in the afternoon of the within which he may file
next working day his reply/opposition (to
a motion
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
*Note: Defendant given 15 days to answer Will bar the re-filling of the same action or claim.
WHO FILES The defendant However, this is still subject to the right of the
THISMTD? plaintiff/claiming party to appeal.
GROUNDS FOR 1. Court has no jurisdiction over the PERSON of the CAN THE Affirmative Defense: Allegation of a new matter, which,
MTD defending party GROUNDS BE while hypothetically admitting the material allegations of the
2. Court has no jurisdiction over the SM PLEADED AS pleading, would nevertheless prevent or bar recovery by him.
J2VC-LRC- 3. Improper venue AFFIRMATIVE
EUC 4. Plaintiff has no legal capacity to sue DEFENSES? YES. If no MTD has been filed, any of the grounds provided
5. There is another action pending between the same for may be pleaded as an affirmative defense in the answer
parties for the same cause (litis pendentia)
6. That the cause of action is barred by a prior judgment AND in the DISCRETION of the court, a preliminary
or by statute of limitations (res judicata+prescription) hearing may be had thereon as if a MTD has been filed.
7. That the pleading asserting the claim states no cause of
action However, the dismissal of the complaint under this section
8. That the claim/demand of plaintiff has been paid, (Sec 6: pleading grounds as affirmative defenses) shall
waived, abandoned or extinguished be without prejudice to the prosecution in the same or
9. That the claim is unenforceable separate action of a PERMISSIVE counterclaim pleaded
10. A condition precedent has not been complied with in the action (because mandatory counterclaims are
HEARING At the hearing of the motion, parties shall submit their generally constrained to the main action)
arguments and evidence on the questions of law and fact IS NO. Preliminary hearing when MTD grounds are pleaded as
involved. PRELIMINARY affirmative defense is DISCRETIONARY upon the court.
HEARING
If the case goes to trial, the evidence presented during the MANDATORY? Further, it was held in Municipality of Binan v. CA, that a
hearing = part of the evidence of the party presenting the preliminary hearing is NOT necessary when the affirmative
same defense is failure to state cause of action because the courts
HOW IS 1. Court will DISMISS the action or claim (grant MTD) only have to look at the allegations in the complaint anyway
MOTION 2. Court will DENY the motion (no need to hear the parties when the court has to look at
RESOLVED? 3. Court will ORDER amendment of the pleading (of the the complaint anyway)
plaintiff) REMEDIES AS If MTD is GRANTED:
REGARDS THE Plaintiff may appeal/MR
All with reasons. MTD Re-file the case
IF MTD IS The movant shall file his answer within the balance of the If MTD is DENIED:
DENIED, WHAT period to which he was entitled at the time of serving his File an answer, go to trial, reiterate issues on appeal
WILL MOVANT motion. If RTC committed GADLEJ, petition for certiorari
DO? under rule 65
However, this shall be at least 5 days in any event,
computed from his receipt of the notice of denial.
WHAT IF THE He shall file his answer within 15 days counted from service
PLEADING IS of the amended pleading unless the court provides a longer
ORDERED TO BE period
AMENDED?
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Case Doctrines:
1. Boticano v. Chu
a. A party cannot question jurisdiction over his person for the first
time on appeal -> Note: BUT jurisdiction over the subject matter
can be questioned at any time because it is conferred by law
b. Instances considered as voluntary appearance:
i. filing a notice of appeal
ii. appearing in person in the hearing
iii. filing notice of appeal, appeal bond, motion for extension
to file record on appeal
2. Del Rosario v. Far East Bank and Trust: ELEMENTS OF RES
JUDICATA:
a. Final former judgment
b. Court which rendered judgment had jurisdiction
c. Judgment must be on the merits
d. There must be identity of parties, SM and causes of action
3. Halimao v. Villanueva: Defendant filed a motion to dismiss based on res
judicata. Plaintiff argues that this operates as a hypothetical admission of
the alleged facts. VS. Tan v. CA
a. SC ruled that if the ground for motion to dismiss is RJ, it does not
operate as a hypothetical admission of the alleged facts.
b. General Rule: A MTD based on lack of cause of action operates
as a hypothetical admission of all the facts alleged in the
complaint (Basically saying, fine, even if all that is true, you still
don’t have a cause of action)
i. In this case, the hypothetical admission is limited to the
facts alleged in the complaint. From there, the court will
determine if there is a cause of action.
c. Exception: The court should not be constrained to the
consideration of facts alleged in the complaint and inferences fairly
deducible therefrom. Courts may consider facts within the range of
judicial notice and other relevant laws and jurisprudence, along
with examining records/documents incorporated in the complaint.
4. Asia Production v. Pano
a. SoF applies only to executory contracts and in actions for their
specific performance. It does NOT apply to actions which are
neither for violation of a contract nor for the performance thereof.
5. Sunville Timber v. Abad:
a. Non-observance of exhaustion of administrative remedies can be a
ground to dismiss (because it results into a lack of cause of action)
b. Examples of non-compliance with condition precedents:
i. Conciliation proceedings in the barangay level
ii. Suits between members of the family and no earnest
efforts for compromise were sought
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 17: Dismissal of actions (Dismissal due to plaintiff) Third Method (R17 S3): Dismissal due to plaintiff’s fault
UNDER RULE 17, This time, it’s the plaintiff HOW IS IT DONE? Motion filed by:
WHO CAUSES THE
DISMISSAL? 1. Defendant
APPLICATION TO The provisions of this rule apply to the dismissal of any 2. By the Court
COUNTERCLAIMS, counterclaim, cross-claim or any third party complaint. GROUNDS FOR THE 1. Failure of the plaintiff to appear on the date of
CROSS-CLAIMS OR MOTION? the presentation of his evidence in chief
THIRD PARTY A voluntary dismissal by the claimant by notice shall be 2. Failure of the plaintiff to prosecute his action
COMPLAINT made BEFOE a responsive pleading/motion for summary (A-P-R-O) for an unreasonable length of time
judgment is served OR if there is none, before the 3. Failure of the plaintiff to comply with Rules of
introduction of evidence at the trial or hearing Court (failure to comply with discovery rules
r24-29 or failure to appear at pre-trial)
First Method (R17 S1): Upon notice by plaintiff 4. Failure of the plaintiff to comply with any order
of the court
HOW IS IT DONE? By filing a notice of dismissal before the court. This is a EFFECT OF Without prejudice to the right of the defendant to
MATTER of RIGHT. No ground needed. DISMISSAL prosecute his counterclaim in the same/separate action
WHEN MUST IT BE Before the service of the answer (on the plaintiff) IS THE DISMISSAL GR: It is with prejudice of refilling because it has the
DONE? Before service of motion for summary judgment WITH OR WITHOUT effect of an adjudication upon the merits
EFFECT OF FILING Upon filing of the notice, the court shall issue an ORDER PREJUDICE? EX: If the court declares that it is not
NOTICE confirming the dismissal. Court has no discretion.
IS THE DISMISSAL GR: It is a dismissal without prejudice *Also important in determining existence of the second
WITH OR WITHOUT EX: With prejudice ONLY if stated element of RJ
PREJUDICE? EX: Two-dismissal rule: If the plaintiff already filed a REMEDIES OF 1. Motion for reconsideration (for
notice concerning an action based on or including the PLAINTIFF IF reinstatement/dismissal be made w/o prejudice)
same claim, the SECOND FILING OF THE NOTICE DISMISSAL IS 2. Ko v. PNB: If denied, ordinary appeal under
operates as an adjudication upon the merits UNDER THIS RULE rule 41 (not under rule 45)
AND WITH 3. If judgment final, a petition for relief from
*Two-dismissal rule is IMPORTANT as it fulfills the PREJUDICE judgment due to FAME under rule 38
second element of Res Judicata!
CD:
Second Method (R17 S2): Upon motion of the plaintiff
1. Cruz v. CA: If the lower court orders dismissal due to the fault of the
HOW IS IT DONE? Motion to dismiss filed by the plaintiff + Court approval plaintiff and does not qualify it, it has the effect of adjudication on the
WHEN MUST IT BE After service of the answer merits. The dismissal will operate as fulfillment of the second element of
DONE? After service of motion for summary judgment res judicata
EFFECT OF MOTION If granted, GR: Without prejudice to refiling, 2. Pinga v. Heirs of Santiago: Plaintiffs filed a case. Defendant had a
EX: When specified that it is with prejudice counterclaim. The case was dismissed due to the plaintiff’s fault.
WHAT IF The dismissal shall only be limited to the complaint. a. In this case, defendant can still prosecute his counterclaim even
DEFENDANT PLEADS after the dismissal of the main case. This is of course with the
A COUNTERCLAIM The defendant can still prosecute his separate claim in a condition that the counterclaim is with merit or suffers any
BEFORE HE IS separate action UNLESS within 15 day from notice of the jurisdictional flaws (otherwise, court can dismiss it on these
SERVED NOTICE OF motion, he manifests his preference to have his defects)
PLAINTIFF’S
MTD? counterclaim resolved in the same action b. It does not matter whether it be a permissive or a mandatory
WHAT ABOUT CLASS A class suit shall not be dismissed/compromised w/o counterclaim.
SUITS approval of the court
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
a.
Even though it is not expressly provided for in the RoC, a party
declared in default can still appeal the default judgment
against it
4. Jao & Co and Indiana Aerospace University:
a. GR: Default judgment is an adjudication on the merits and is thus
appealable/mr. Rule 65 is not the appropriate remedy
b. EX: Purely legal issues, public interest, extreme urgency, special
circumstances
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
How is a period Basically, first day excluded and last day included
computed?
If the last day falls on a Saturday, Sunday or a legal
holiday, the time shall not run until the next working day
What is the Should an act be done which effectively interrupts the
effect of running of the period, the allowable period after such
interruption? interruption shall start to run on the day AFTER the notice
of the cessation of the cause thereof
EXAMPLES:
Basic 1: Plaintiff files case on May 2. Defendant given notice May 10.
Defendant has until May 26 to file answer.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
party complaint
4. Fourth party and so forth: adduce evidence of the 1. Swagman Hotels: Generally, the lack of cause of action may be
material facts pleaded by them cured by evidence presented during trial but it can only happen when
5. Party against whom any counterclaim/cross-claim the complaint indeed states a cause of action. If there is really none,
has been pleaded: adduce evidence n support of his then it cannot be cured by evidence presented during trial.
defense
6. Afterwards, the parties may then respectively Basically, a cause of action must EXIST but the complaint just failed to
adduce rebutting evidence ONLY allege the essential facts making up the cause of action
a. UNLESS the court, for good
reasons/justice, allows them to adduce Rule 32: Trial by commissioner
more evidence upon their original case
7. Upon admission of the evidence, the case shall be FIRST WAY: With Consent: By written consent of both parties, the
deemed submitted for decision court may order any or all of the issues in a case to be referred to a
a. UNLESS the court directs the parties to commissioner to be agreed upon by the parties or to be appointed by the
argue or to submit their respective court
memoranda or any further pleadings o Commissioner: referee, auditor, examiner
CAN THE Yes. The parties to any action may agree in writing, upon SECOND WAY: Without Consent: When the parties do not consent, the
PARTIES AGREE the facts involved in litigation and submit the case for court may, upon the application of either party or of its own motion, direct
TO A STATEMENT judgment on these statement of facts, without having to a reference to a commissioner in the following cases:
OF FACTS? introduce evidence o When the trial of an issue of fact requires the examination of a
long account on either side
If parties agree to ONLY some of the facts, the trial shall be o When the taking of an account is necessary for the information of
held as to the disputed facts the court before judgment, or for carrying a judgment or order
WHEN MAY A 1. If the willingness to discuss a possible compromise into effect
CIVIL ACTION BE is expressed by one or both o When a question of fact, other than upon the pleadings, arises
SUSPENDED? 2. If it appears that one of the parties, before the upon motion or otherwise, in any stage of a case, or for carrying a
ART 2030 commencement of the action, offered to discuss a judgment or order into effect
compromise and the other party refused the offer
WHAT CANNOT 1. Civil status of persons Rule 31: Consolidation:
BE 2. Validity of marriage/leg sep
COMPROMISED? 3. Any ground for legal separation CONSOLIDATION JOINDER OF CAUSES OF PERMISSIVE JOINDER OF
ART 2035 4. Future support ACTION: RULE 2, SEC 5 PARTIES: RULE 3, SEC 6
5. Jurisdiction of courts When actions involving A party in one pleading, All persons in whom or
6. Future legitime a common question of assert, in the alternative against whom any right
WHO GENERALLY Generally, the judge personally receives the evidence law or fact are pending or otherwise, as many to relief in respect to
RECEIVES THE before the court, it may causes of action as he or arising out of the
EVIDENCE? HOWEVER, in: order a joint may have same transaction or
hearing/trial or any series of transactions
1. Default hearings or all the matters in is alleged to exist,
2. Ex-parte hearings issue in the actions may join as
3. Cases where the parties agree in writing plaintiffs/defendants in
The court may order all one complaint, where
The clerk of court may receive the evidence. However, he the actions consolidated any question of law or
cannot rule on objections. The objections still have to be fact common to all
resolved by the court such
plaintiffs/defendants
CD: may arise in the
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
1. Republic v. Tuvera:
a. GR: Upon the dismissal of the demurrer in the appellate court, the What is done? Adverse party moves for Claimant:
defendant loses the right to present his evidence and the appellate the court to direct
court shall then proceed to render judgment on the merits on the judgment on the pleading At any time after the
basis of the plaintiff’s evidence (the answer which failed to pleading in answer has
2. Manila Banking Corp v. University of Baguio: IMPT: essential tender an issue/the answer been served, claimant
difference of LACK of CAUSE of ACTION and FAILURE TO STATE CAUSE OF that admitted) will move with support
ACTION affidavits, depositions,
admissions for a
LACK OF CAUSE OF ACTION FAILURE TO STATE CAUSE OF summary judgment in
ACTION his favor
Governing Demurrer to evidence Motion to dismiss (Rule 16)
rule (R33) Defendant:
Situation Where the evidence does Where the complaint does not
not sustain the cause of allege a sufficient cause of At any time, defendant
action that is alleged action may move with
supporting affidavits,
The basis here is the Determined from the depositions or
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
admissions for a
summary judgment in his Rule 36: Judgments, Final Orders and Entry thereof
favor
Nature Here, there is actually NO Here, although the WHAT IS THE FORM It is in writing, personally and directly prepared by the
ISSUE at all. pleadings on their face OF judge, stating clearly and distinctly the facts and the
appear to raise issues of JUDGMENTS/FINAL law on which it is based, signed by him, and filed by the
It is a judgment on the fact (like a denial/conflict ORDERS? clerk of court
facts as pleaded of factual allegations), if WHAT IS THE BA Finance:
it is shown by the support NATURE OF A FINAL
Only the CLAIMANT can file affidavits, depositions or JUDGMENT/FINAL A judgment/ final order disposes of the whole SM or
for judgment on the admissions that those ORDER? terminates a particular proceeding or action, leaving
pleadings issues are FAKE, the nothing to be done but to execute what has been
court shall render determined
judgment for whoever WHEN DOES A When no appeal, MR, motion for new trial is filed within
asks for it JUDGMENT BECOME the reglementary period, the judgment shall be entered
FINAL? by the clerk of court
Basically, it is a
judgment on the facts The date of finality of the judgment/final order shall be
as summarily proven deemed to be the date of its entry
by the A/D/A JUDGMENT Judgment may be for one or more several
FOR/AGAINST ONE plaintiffs/defendants
Case Doctrines: OR MORE SEVERAL
PARTIES AND Separate Judgments: When more than one claim for
1. Ontimare v. Elep: SEPARATE relief is presented in an action, the court at any stage,
a. Issues in a summary judgment ARE APPARENT but in fact JUDGMENTS upon a determination of the issues material to a
proven to be fake as per the affidavits, depositions or particular claim and all counterclaims arising out of the
admissions transaction or occurrence, may render a separate
b. An issue is ONLY genuine when it requires the presentation of judgment disposing of such claim.
evidence
c. If a summary judgment is rendered AFTER the presentation of The judgment will terminate the action with respect to
evidence of the parties in a full blown trial, then the rules on the claim so disposed of and the action shall proceed as
summary judgment does not apply since obviously, the judgment to the remaining claims.
was on the merits
2. Asian Construction v. PCIB: When this happens, the court by order may stay the
a. The determinative factor in a motion for summary judgment is the enforcement of the separate judgment until the
presence/absence of a genuine issue as to any material rendition of a subsequent judgment or judgments and
fact
b. When the facts as pleaded appear uncontested or undisputed, Judgment against entity w/o juridical personality:
then there is no real or genuine issue as to the facts and summary The judgment will set out their individual/proper names
judgment is proper if known.
c. When the facts as pleaded by the parties are disputed,
proceedings for summary judgment cannot take the place of trial
SEVERAL In an action against several defendants, the court may,
JUDGMENTS: when a several judgment is proper, render judgment
against one or more of them, leaving the action to
proceed against the others
KINDS OF 1. Judgment on the pleadings
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
JUDGMENT?
However, a supplemental judgment only serves to
bolster or add something to the main decision.
CD:
1. Del Rosario v. far East Bank and Trust: Difference of Bar by prior
judgment and conclusiveness of judgment
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
REMEDIES against Judgments or final orders (to be edited for finals) NOTE: A motion for extension of time to file a motion for
new trial/reconsideration is not allowed
1st remedy: Before finality: Rule 37: New Trial/Reconsideration SECOND MR? Second MR: Second motion for new
SECOND MNT? GR: Generally, not allowed trial:
Motion for Motion for New Trial EX: Equitable grounds (see
Reconsideration PCI Leasing) GR: A motion for new trial
GROUNDS 1. Excessive damages 1. FAME which ordinary shall include ALL grounds
awarded prudence could not then available and those
2. Insufficient evidence to have guarded against not included are deemed
justify decision/final waived.
order Fraud: Extrinsic fraud
3. Decision or final order (happened outside of the As an exception, a second
contrary to law trial) -> Party prevented one is allowed: Requisite:
PARTIAL GRANT 1. The court may order a new trial/grant IMPT: docket fees must also be paid within the period for
reconsideration as regards the severable issues taking an appeal
without interfering with the judgment or final Effect of IF APPEAL BY NOTICE: A party’s appeal by notice is
order perfection of deemed perfected as to him upon the filing of the
2. The court may: appeal notice in due time
a. Enter a judgment or final order as to the o The court loses jurisdiction over the case
rest of the issues upon perfection of the appeals filed in due
b. Stay the enforcement of the final time and the expiration of the time to appeal
order/judgment until after the new trial of other parties
PRO FORMA An MR/New Trial is deemed pro forma if it does not
MR/Motion for specify the finding or conclusions in the judgment IF APPEAL BY RECORD: If its appeal by record, the
new trial: which are not supported by evidence/contrary to law, appeal is deemed perfected as to the appealing party
making express reference to the pertinent with respect to the SM thereof upon the approval of
evidence/legal provisions the record on appeal
o The court loses jurisdiction only over the SM
If it is pro forma, then it does not interrupt the period thereof upon the approval of the records on
to appeal appeal filed in due time and the expiration of
Marina Properties: Although an MR may reiterate the time to appeal of other parties
issues already passed upon, that by itself does not
make it pro forma
o However, where the circumstances of a case In either case, prior to the transmittal of the original
do not show an intent on the part of the record/record on appeal, the court (lower court) may:
pleader to merely delay and his motion o issue orders for the protection/preservation
reveals a bona fide effort to present of the rights of the parties which do not
additional matters/reiterate his arguments, involve any matter litigated by the appeal
the courts should not swiftly declare the o approve compromises
motion pro forma o permit appeals of indigent litigants
o order execution pending appeal (r39 s2)
o Allow withdrawal of appeal
Rule 40: From MTC to RTC
Where to appeal An appeal from a judgment/final order of a MTC may be Procedure in the Upon the receipt of the complete record/record on
taken to the RTC exercising jurisdiction over the area to RTC appeal, the clerk of court of the RTC shall notify the
which the MTC pertains parties of such fact
Within 15 days from such notice, it shall be the duty
Note: of the appellant to submit a memorandum which shall
APPELLANT: appealing (yung talo) briefly discuss the errors imputed to the lower court,
APPELLEE: adverse (yung panalo) a copy of which shall be furnished by him to the
Title remains (if it was Uy v. Sy in MTC, then its going to adverse party
be Uy v. Sy in the RTC on appeal) o FAILURE OF APPELLANT TO SUBMIT
When to appeal Within 15 days after notice to the appellant of the MEMORANDUM: ground for appeal’s dismissal
judgment/final order Within 15 days from receipt of the memorandum, the
adverse party may file his memorandum
Within 30 days after notice to the appellant if a record on Upon the filing of the memorandum of the appellee,
appeal is required (special proceedings/in other cases) or the expiration of the period to do so, the case shall
How to appeal Filing a notice of appeal with the court that rendered the be considered submitted for decision. RTC will then
judgment (with the MTC) decide
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Appeal from MTC 1. If an appeal is taken from an order of the lower court
order of dismissing the case without a trial on the merits,
dismissal the RTC may either affirm or reverse it as the case
may be
a. If the RTC affirmed dismissal based on lack of
jurisdiction (of the MTC) and the RTC had
jurisdiction, the RTC shall try the case on the
merits (it’s as if it was filed there)
b. If the RTC affirmed dismissal based on some
other grounds, Rule 42 (?)
c. If the RTC reverses the MTC, then the case
will be remanded to the MTC for further
proceedings
2. If the case was tried on the merits by the lower court
without jurisdiction over the SM, the RTC on appeal
shall not dismiss the case if it has original
jurisdiction thereof but it shall decide the case
without prejudice to the admission of amended
pleadings/additional evidence
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
How done? Filing a notice of appeal with the court which a. Taken out of time
rendered the judgment and serving a copy of it to the adverse b. Non-payment of docket-other lawful fees
party
Note: The trial court may do this motu proprio or on motion
Record on appeal required only in special proceedings and/r or Remedy of aggrieved party: Rule 65
separate appeals when required. WHAT HAPPENS Judgment becomes final and executory
WHEN APPEAL IS NOT
2. Petition for review FILED IN TIME?
WILL JUDGMENT BE Yes. Perfected appeal under Rule 41 will stay the judgment.
RTC decision in the exercise of its appellate jurisdiction STAYED?
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Cases (important cases, he loves questions about appeal) 5. Kho v. Camacho (Notice of appeal does not require approval)
1. Silverio Jr v. CA: The denial of an MR of an order dismissing a complaint is The RTC cannot dismiss an appeal on the ground that there are only
NOT an interlocutory order. It is a final order. It is therefore appealable. If questions of law
appeal is not proper, like when it’s interlocutory, it’s rule 65. This is because whether an appeal involves only a question of law and/or
fact is left to the determination of the appellate court, and not by
Quick facts of the case: In the settlement of S’s estate, RTC issued an omnibus the court which rendered the subject decision appealed from.
order requiring N to vacate the property belonging to S’s estate. N filed an MR The role of the judge who issued the order appealed from (in the RTC) is to
against the order which was denied. N filed a notice of appeal. The RTC denied it approve or disapprove the record on appeal (when required) and the
and the CA reversed. SC agreed with the RTC, reasoning that N availed of the appeal bond, but not a notice of appeal since a notice of appeal DOES
wrong remedy because you can’t appeal an interlocutory order. The remedy was NOT REQUIRE the approval of the judge.
rule 65. The estate wasn’t partitioned yet and the order was just for N to vacate.
6. Custodio v. CA: An appellee (the one who won in the lower court), who has
Difference of final order and interlocutory order not himself appealed may not obtain from the appellate court any affirmative
relief other than what was granted in the lower court’s decision
Interlocutory Order Final order a. EXCEPTION: (Citytrust) A and B, as solidary debtors, lost a
one which does not dispose of the case one that disposes of the subject matter collection case to D. A appealed but it was dismissed. B appealed
completely but leaves something to be in its entirety. successfully and because of that, the interest rate as regards B
decided upon was reduced. The SC held that even if A did not successfully
Generally non-appealable: BUT if Appealable appeal, the reduced interest rate should also be applicable to it,
rendered with GADLEJ: Rule 65 may lie. under the principle of equity
2. Manila Memorial Park v. CA: Effect when MR is filed on last day of 15 day
period: Imaginary 1 day left -> BUT this is changed by Neypes (as discussed
below)
4. Trans International v. CA: The court may extend the time or allow the
perfection of the appeal beyond the prescribed period if it be satisfactorily
shown that there is justifiable reason, such as fraud, accident, mistake or
excusable negligence, or similar supervening casualty, without fault of
the appellant, which the court may deem sufficient reason for relieving him
from the consequences of his failure to comply strictly with the law.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 42: Petition for Review from the RTC to the CA notice. Just because CA required respondent to file a comment
doesn’t mean it gave the petition due course
WHEN TAKEN? When the decision of the RTC is in the exercise of its appellate WHEN PERFECTED? Upon timely filing and the payment of corresponding docket
jurisdiction file verified petition for review in the CA and other lawful fees
LOSS OF RTC loses jurisdiction over the case upon perfection of the
Ross Rica Sales: A filed a case of unlawful detainer against B JURISDICTION appeal and the expiration of the time to appeal of the other
in the MTC. B lost. B appealed the decision to the RTC (Rule parties
40). B lost in the RTC. His remedy is under Rule 42. RESIDUAL POWERS RTC has residual powers before the CA gives the petition due
course
Note: The peculiar thing in this case is that when B lost in the
RTC, he filed a notice of appeal with the RTC (Rule 41) then he (IAPOA)
filed an MR with the RTC too. SC stated that the MR cured the
defective remedy initially availed of by B. 1. Issue orders for the protection and preservation of rights
of the parties which do not involve any matter litigated
N.B. If case starts with MTC, Rule 42 comes into play because by the appeal
the RTC will exercise its appellate jurisdiction 2. Approve compromises
3. Permit appeals of indigent litigants
Grounds: 4. Order execution pending appeal (Sec 2 R39)
1. Error of fact 5. Allow withdrawal of appeal
2. Error of law (pure questions of law may be raised) WILL A PETITION (Situation: B lost a collection case in the MTC. He lost on
3. Mixed errors of fact and law UNDER RULE 42 appeal to the RTC. He filed a petition for review under rule 42
PERIOD 15 days either
STAY THE to the CA. In this case, the judgment can’t be executed while
JUDGMENT? he is appealing it)
from notice of the decision sought to be reviewed OR
from notice of the denial of petitioner’s MNT or MR GR: Yes. When appeal is perfected, it shall stay the judgment
or final order
Note: (2 extensions) EX:
Upon motion: 15 days additional extension can be availed of 1. Civil cases decided under rules of summary procedure (e.g.
THEN another 15 day extension after that (for the most forcible entry, unlawful detainer)
compelling reasons) 2. When CA, law or RoC provide otherwise
CAUSE FOR Note: The RoC provides that these constitute sufficient ground
DISMISSAL for dismissal. Case:
1. Failure to pay docket/lawful fee/costs 1. Ditching v. CA: The CA can dismiss a petition when it’s filed beyond the
2. Failure to comply with proof of service of the petition reglementary period EVEN IF it already gave the petition due course. This is
3. Failure to comply with certification for non-forum because perfection of an appeal within the reglementary period is a
shopping jurisdictional requirement.
Sec 4 also provides that CA may dismiss the petition upon filing
when its: (PPQ)
Note:
Only one MR shall be allowed
(2 extensions)
Upon motion: 15 days additional extension can be availed of
THEN another 15 day extension after that (for the most
compelling reasons
Cause for Note: The RoC provides that these constitute sufficient ground
dismissal for dismissal.
Sec 8 also provides that CA may dismiss the petition upon filing
when its: (PPQ)
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 45: Appeal by certiorari to the SC Not applicable in criminal cases where the penalty imposed is
death, RP or life imprisonment
WHEN TAKEN? Decisions of these courts:
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Victory Liner v. Malinias: Time for filing is strictly followed. If Gomez filed a collection caseagainst Montalban in RTC. Montalban was declared
it elapses, the petition CANNOT be given due course. in default for failing to file her answer on time. Court ruled in favor of Gomez
GROUNDS 1. FAME Montalban filed a petition for relief from judgment, alleging that there was
defective summons because the summons was served on a certain dela Torre,
Fraud: must be extrinstic, the kind which prevented the who allegedly was not authorized to receive summons (which led to her not
aggrieved party from having a trial or presenting his case being able to answer)
to court. o She claimed she had valid defenses and even claimed that the RTC did
not have jurisdiction as the amount was only cognizable by the MTC
Accident: Must be fortuitous, without any fault on part of (40k was the principal amount claimed) The petition for relief was
the one asking for relief
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
granted. RTC set aside its decision for lack of jurisdiction without
prejudice to re-filing in the MTC
Gomez went to the SC under rule 65
Issue: Did the RTC have jurisdiction? Was Montalban’s remedy proper given the
fact that it was filed within the period for filing a motion for reconsideration/appeal?
Yes, RTC had jurisdiction. The principal loan was 40k with 15% interest but it
already grew to 239k. When it grew to 239k (because of interest), that’s when
Gomez filed the complaint. (Back then, it was 200-300 for RTC)
o assuming that RTC had no jurisdiction on account of the defective
service, the remedy of Montalban should have been an MR/MNT or
maybe even under rule 65
In Montalban’s petition for relief, she contended that judgment as entered
against her through mistake or fraud due to alleged defective summons.
A petition for relief from judgment is an equitable remedy that is
allowed only in exceptional cases where there is no other available or
adequate remedy. In this case, she had so many other remedies available.
When a party has another remedy available to him, which may be either a
motion for new trial or appeal from an adverse decision of the trial court, and
he was not prevented by fraud, accident, mistake or excusable negligence from
filing such motion or taking such appeal, he cannot avail himself of this
petition.
Indeed, relief will not be granted to a party who seeks avoidance from the
effects of the judgment when the loss of the remedy at law was due to his own
negligence; otherwise the petition for relief can be used to revive the right to
appeal which had been lost thru inexcusable negligence
It also noteworthy that Montalban did not avail of the remedies of a defaulted
party
In addition, a petition for certiorari to declare the nullity of a judgment by
default is also available if the trial court improperly declared a party in default,
or even if the trial court properly declared a party in default, if grave abuse of
discretion attended such declaration.
What is the remedy when a petition for relief from judgment is granted?
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 47: Annulment of Judgments or final orders and resolutions ANNULMENT OF annulment shall set aside the questioned judgment or final
JUDGMENT order or resolution and render the same null and void WITHOUT
WHEN TAKEN? Decisions/Final orders of RTC: This remedy is still available prejudice to the original action being re-filed in the proper court
even if the judgment has been final and executory
Purcon v. MRM: IF GROUND IS EXTRINSIC FRAUD: The court may on
Only MTC/RTC Who annuls? The CA annuls. motion, order the trial court to try the case as if a timely motion
decisions can be for new trial has been granted (CA will tell the RTC to try it
subject of However, Sec 10 provides for this: again or RTC will tell MTC to try it again)
Annulment of
SUSPENSION OF The prescriptive period for re-filing of the original action shall
Judgment
Judgments and final orders of MTCs shall be annulled in the RTC PRESCRIPTIVE be deemed suspended from the filing of such original action
having jurisdiction over the MTC. (meaning, if MTC decision is PERIOD until the finality of the judgment of annulment.
sought to be annulled, file it with the RTC)
HOWEVER the period will not be tolled where the extrinsic fraud
Reliefs Available (Sec 9) is due to the plaintiff in the original action.
The judgment of annulment may include the award of damages, Victory Liner v. Malinias
attorney’s fees and other relief.
Malianas’ car collided with Victory Liner’s bus. Malianas sued Victory Liner for
If the questioned judgment or final order or resolution has damages to his truck. MTC ruled in favor of Malianas.
already been executed, the court may issue such orders of Victory Liner filed an MR but it was declared to be a mere scrap of paper for failure to
restitution or other relief as equity may warrant. include notice of hearing therefore it did not toll the period to appeal (therefore it
GROUNDS was final and executory) He then went to the RTC by certiorari assailing the denial of
1. When ordinary remedies of MNT, appeal or petition for
(COMBINED his MR. Also dismissed.
relief are no longer available through no fault of the
SECTION 1 AND 2)
Victory Liner filed a petition for relief from judgment against the MTC denial of his
petitioner
MR. It was denied for being filed out of time.
2. Either EXTRINSIC FRAUD or LACK OF JURISDICTION (of Victory Liner also filed a petition for annulment of judgment under rule 47 (with the
the RTC) CA) CA ruled that the extrinsic fraud grounds raised by Victory Liner had already
been availed of in its earlier petition for relief from judgment. Determined, Victory
Note: Extrinsic fraud shall not be a valid ground IF it was Liner went to the SC under Rule 45
already availed of OR could have been availed of in a motion for
new trial or petition for relief Issue: Should Victory Liner’s petitions be granted?
Extrinsic Fraud: any fraudulent act of the prevailing party in the First, what should have petitioner done?
litigation which is committed outside of the trial of the case. o It could have assailed MTCs denial of the MR under rule 65 alleging
PERIOD FOR FILING 1. IF based on extrinsic fraud: Within 4 years from the GADLEJ.
discovery of the fraud o It could’ve filed under rule 38, seeking that the MTC allow the appeal
2. IF based on lack of jurisdiction: Before laches or despite the finality of judgment on the ground that it was prevented from
taking an appeal due to FAME
estoppel bars its filing
What he did was file a notice of appeal even if it was stated that the decision was
PARTIES AND Islamic Da’Wah: A non-party to the judgment may file this already final and executory due to the defective MR. This was wrong. Also, it was
CONTENTS petition as long as he can prove his allegation that the only after the notice of appeal was denied that VL pursued rule 38. Unfortunately,
judgment was obtained through FAME or that the court did not this was filed 16 months after the rendition of the judgment sought to be set aside
have jurisdiction. and 14 months after the judgment was declared final and executory
As regards the Rule 47 petition, VL went to the CA to annul the RTC ruling as regards
It must be verified and also include a certification for non-forum its petition for certiorari with a half-hearted attempt to also include the MTC ruling.
shopping However, this is incorrect because an action to annul a judgment or final order of the
COURT ACTION If there is no substantial merit to the petition, it can be MTC should be filed with the RTC and NOT the CA.
dismissed outright. o Possible remedy for RTC dismissal of petition for certiorari: Rule 41 appeal
As regards CA’s reasoning in dismissing the rule 47, the SC stated that the rule 38
IF prima facie merit is found, it shall be given due course and was for the MTC decision (dismissing his notice of appeal) while the rule 47 was for
respondent will be served summons the RTC decision.
EFFECT OF IF GROUND IS LACK OF JURISDICTION: A judgment of Rule 65: Certiorari
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 65: Petition for CERTIORARI certiorari. RTC was incorrect because appeal was available. Also, RTC cannot
entertain questions of fact in a rule 65 proceeding
Certiorari: Grounds: a. Courts cannot correct (petitioners cannot raise) questions of fact in a
Original civil 1. No jurisdiction/GAD: When any tribunal, board or officer certiorari case. The proper remedy is to assign questions of fact as an
action to exercising judicial or quasi-judicial functions has acted error in a properly taken appeal.
correct errors without/excess of its jurisdiction OR with grave abuse of b. Errors in the application of the law and the appreciation of evidence
of jurisdiction discretion amounting to lack or excess of jurisdiction committed by a court after it has acquired jurisdiction over a case are
2. No appeal or any plain speedy and adequate remedy correctible ONLY by appeal.
in the ordinary course of law 3. Romy’s Freight Service v. Castro: A filed a complaint for illegal dismissal
against B before the labor arbiter. B lost. B appealed to the NLRC. NLRC ruled
Grave abuse of discretion: The judgment is rendered in a in favor of B. A went to the CA under Rule 65 ascribing GADLEJ. CA ruled in
capricious, whimsical arbitrary or despotic manner favor of A, reasoning that the finding of the labor arbiter was supported by
substantial evidence. B went to the SC under Rule 65. SC ruled that it couldn’t
What is being asked of the court to do? To annul or modify entertain questions of fact and law under Rule 65, and could only correct errors
Where can it be 1. If the petition relates to an act or omission of a MTC of jurisdiction.
filed or of a corporation, board, officer: RTC exercising a. As a general rule, a motion for reconsideration is needed before a
jurisdiction over the territorial area (or also CA or petition for certiorari under rule 65 can be resorted to. However, there
Sandiganbayan, w/n it is in the aid of the court’s appellate are exceptions (many, like when the order is a patent nullity because
jurisdiction) the lower court did not have jurisdiction, where the MR would be
2. If petition involves act or omission of a quasi-judicial useless these have to be proven first to justify not filing an MR)
agency: CA b. In a certiorari proceeding, questions of fact and questions of law are
3. If election cases involving an act or omission of a NOT entertained. The sole object of the writ is to correct errors of
MTC/RTC: COMELEC in aid of its appellate jurisdiction jurisdiction or grave abuse of discretion.
4. Remember, however, that Rule 56 provides that the SC 4. Gerardo v. de la Pena
also has original jurisdiction over petitions for mandamus, a. The SC possesses no authority to rule upon non-jurisdictional issues in
prohibition and certiorari. SC will generally dismiss if a certiorari proceeding. The only question involved in certiorari is
originally filed in it unless there are special reasons. jurisdiction.
Period for filing 60 days from notice of the judgment or resolution b. In this case, the lower court correctly dismissed the complaint in CIVIL
CASE 2 based on res judicata considering the prior judgment in CIVIL
In case an MR/MNT is timely filed, whether such motion is CASE 1. All the requisites were present.
required or not, the petition shall be filed not later than 60 days 5. Banco Filipino v. CA
counted from the notice of the denial of the motion a. GENERALLY: IF petition for review under Rule 45 is available, Rule 65
CANNOT be availed of
1. Jamer v NLRC: A filed a labor case in NLRC. She lost. She went to the SC b. HOWEVER, although the SC may treat a petition for certiorari as
under rule 65 without filling an MR in NLRC. having been filed under Rule 45 (even if originally filed under 65), the
a. When an MR is an adequate remedy, a petition for certiorari will not petition must STILL BE FILED within the reglementary period for filing
prosper. petition for review (15 days from notice/within 30 day extension pd)
6. Fajardo v. Bautista: Jareno, as developer of land, sold lots to Fajardo under a
Error of Judgment Error of Jurisdiction contract to sell. However, Jareno also sold the lot to Habacon. Aggrieved,
Not within the ambit of Rule 65 Within the ambit of Rule 65 Fajardo went to the RTC to annul the contract to sell. RTC dismissed stating
When court exercises its jurisdiction and When court is without jurisdiction and that it did not have jurisdiction, as the HLURB had jurisdiction. Fajardo did not
commits an error. The decision is VALID renders a decision. The decision is void file an MR and instead went to the SC under R65, alleging GADLEJ of the RTC.
even if wrong and the remedy is even if correct and the remedy is SC ruled that Fajardo used Rule 65 as a substitute for the lost remedy of
APPEAL. Examples would be errors of CERTIORARI. Remember, Rule 65 is only appeal. Also, HLURB really did have jurisdiction and the RTC didn’t. RTC was
procedure or mistake in the court’s a remedy to correct errors of correct in dismissing.
findings. JURISDICTION. a. Generally, an order of dismissal, whether right or wrong, is a final
order and hence a proper subject of appeal, NOT CERTIORARI.
2. Day v. RTC of Zamboanga: A filed an ejectment case against B in the MTC. B GENERALLY, the remedies of appeal and certiorari are mutually
exclusive and not alternative or successive
lost. B went to the RTC of Zamboanga under Rule 65. RTC granted petition for
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
a corporation etc (The deposition of a party or of interrogatories shall serve upon every other party notice of
any one, who at the time of taking the deposition such. A party so served may serve cross-interrogatories
was an officer, director or managing agent of a upon the party proposing to take the deposition within 10
public or private corporation, partnership or days. Within 5 days, the latter may serve re-direct
association which is a party may be used by an interrogatories upon a party who has served cross
adverse party for any purpose) interrogatories
5. Sec 9: At the trial or hearing, any party may rebut any 14. Sec 29: Effect of errors or irregularities in depositions:
relevant evidence contained in a deposition whether a. As to notice: All E/I for taking a deposition are
introduced by him or by any other party waived unless written objections are promptly
6. Sec 10: Persons before whom depositions may be taken made
within the Philippines b. As to DQ of an officer: objection deemed
a. Any judge waived unless objection is promptly made before
b. Any notary public the taking begins or as soon thereafter as the dq
c. If agreed upon by parties in writing, with any becomes known to or could be discovered with
person authorized to administer oaths. This can reasonable diligence
be done at any time or place c. As to competency or relevancy of evidence:
7. Sec 11: Persons before whom depositions may be taken in objections as to this are not waived by failure to
foreign countries: make them before or during the taking of the
a. On notice: Before a secretary of embassy or deposition unless the ground for objection is one
legation, consul general, consul, vice consul or which might have been obviated or removed if
consular agent of the Republic of the Philippines presented at that time
(in that foreign country) d. As to oral examination/other particulars:
b. Before such person or office as may be appointed deemed waived unless objected to at the taking of
by commission or under letters rogatory the deposition
c. If agreed upon by parties in writing, with any e. As to form of written interrogatories:
person authorized to administer oaths. This can objections waived unless objection served in
be done at any time or place writing
8. Sec 12: Commission/letters rogatory (referred to in (b) of f. As to manner of preparation: waived unless a
above: A commission or letters rogatory shall be issued motion to suppress deposition is promptly made
when necessary and convenient on application and notice. RULE 24: 1. Sec 1: BEFORE ACTION: A person who desires to
Through this, officers may be designated in DEPOSITIONS perpetuate his own testimony or that of another
notices/commissions to take the depositions BEFORE ACTION person regarding any matter that may be cognizable in
9. Sec 13: Person taking deposition cannot be a OR PENDING any court of the Philippines may file a verified petition in
a. relative of the deponent (6th degree of APPEAL the court of the place of the residence of any expected
consanguinity/affinity) adverse party
b. employee or counsel (and employee of counsel) of 2. Sec 7: PENDING APPEAL (leave of court required): If
deponent an appeal has been taken from a judgment of a court
c. person financially interested in the action (including the CA in some cases) OR before taking of an
10. Sec 15: A party must give reasonable notice in writing to appeal before the time expires,
every other party in the action when he wants to take the
deposition of any person upon oral examination The court in which the judgment was rendered may allow
11. Sec 16: After notice is served for taking a deposition by the taking depositions of witnesses to perpetuate their
oral examination and a motion is filed by any party or by testimony for use in the event of further proceedings in the
the person sought to be examined, the court may issue said court. In this case, the person desiring to perpetuate
orders to protect the deponent or other parties the testimony may file a motion for leave to take the
12. Sec 17: The officer who will take the deposition shall put depositions
the witness on oath and shall personally record the RULE 25: When can interrogatories to parties be made?
testimony of the witness INTERROGATORIES 1. With leave of court after jurisdiction has been
13. Sec 25: Deposition upon written interrogatories: A party TO PARTIES obtained over any defendant (through
desiring to take the deposition of any person upon written (QUESTIONS!) summons/voluntary submission) or over property that
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
is subject of the action party pursuant to such request is for the purpose of the
a. If a person is in prison, deposition must pending action ONLY and shall not constitute an admission
always been taken with leave of court by him for any other purpose nor may the same be used
2. Without leave of court after an answer has been against him in any other proceeding
served 4. Sec 4: The court may allow the party making an admission
under this rule, to expressly or impliedly withdraw the
How is it made? When a party desires to elicit material and admission
facts from any adverse parties, he shall file and serve upon
them written interrogatories to be answered. If the party N.B. Serve the request for admission on the party you’re
served is a corporation/partnership/association, the officer asking. You can’t serve it on the counsel alone. There is no
allowed to testify in its behalf will answer. implied admission if you do that.
RULE 27: MOTION Upon motion of any party showing good cause, the court in
Time to answer: 15 days from service unless the court extends FOR INSPECTION which an action is pending may
(on motion)
1. Order any party to produce and permit the inspection
Time to file objections: Objections to any interrogatories must and copying/photographing of any documents, papers,
be made 10 days after service. Answers deferred until books, accts, letters, photographs, objects NOT
objections resolved privileged, which constitute or contain evidence
material to any matter involved in the action and
Effect of failure to answer: No admission. You’re just being which are in the possession and control of the party
asked questions. ordered
2. Order any party to permit entry upon designated land
Limit: No party may, without leave of court, serve more than or other property in his possession or control for the
one set of interrogatories to be answered by the same party purpose of inspecting, measuring ,surveying, etc.
Effect of failure to serve written interrogatories: Unless RULE 29: 1. REFUSAL TO ANSWER (by party/deponent) Ask the
thereafter allowed by the court for good cause shown and to SANCTIONS FOR other questions and then get an order to have party
prevent failure ot justice, a party not served with written REFUSAL TO compelled to answer: If a party/other deponent refuses to
interrogatories may not be compelled by the adverse party to COMPLY WITH answer any question upon oral examination, the
give testimony in open court, or to give a deposition MODES OF examination may be completed on other matters or
pending appeal DISCOVERY adjourned, depending on the proponent. The proponent
RULE 26: 1. Sec 1: Request for admission: At any time after issues may then apply to the court of the place where the
ADMISSION BY have been joined, a party may file and serve upon any deposition is being taken for an order to compel an
ADVERSE PARTY other party a written request for the admission by the answer.
latter of the genuineness of any material and relevant
document described in and shown with the request or of This can also be done when a witness refuses to answer
the truth of any material and relevant matter any interrogatory submitted under rule 23/25
2. Sec 2: Implied admission: (Basically, party must
specifically deny or explain why he cannot admit nor deny If application is granted, court will order the refusing party
the request for admission. Otherwise, it will be deemed or deponent to answer the question or interrogatory. Court
admitted) Each of the matters of which an admission is may also order deponent or refusing party to pay
requested shall be deemed admitted UNLESS within a proponent his expenses.
period designated in the request (which shall be at least 15
days from service) or within a longer time as the court may If application denied, court will require the proponent to
allow upon motion, the party to whom the request is pay the refusing party expenses + atty’s fees
directed files and serves upon the party requesting 2. CONTEMPT OF COURT: If a party or other witness
admission, a sworn statement specifically denying the refuses to answer any question after being directed to do
matters of which an admission is requested or explain so by the court of the place in which the deposition is being
why he cannot admit nor deny them. taken, the refusal may be taken as contempt of court.
3. Sec 3: Effect of admission: Any admission made by a 3. FAILURE OF PARTY TO ATTEND OR SERVE ANSWERS:
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
a. If a party or an officer or managing agent of a knowledge thereof so that they the facts can be clearly be laid before the court
party willfully fails to appear before the officer through their pleadings or motions.
who is to take the deposition OR fails to serve Depositions are principally made available by law to the parties as a means of
answers to interrogatories, the court, on motion informing themselves of all the relevant facts; they are not therefore generally
and notice may: meant to be a substitute for the actual testimony in open court of a party or
i. Strike out all or any part of any pleading witness. The deponent must as a rule be presented for oral examination in open
of that party court at the trial or hearing.
ii. Dismiss the action or proceeding or any Indeed, any deposition offered to prove the facts therein set out during a trial
part thereof (if party is plaintiff) or hearing, in lieu of the actual oral testimony of the deponent in open court,
iii. Enter a judgment by default against that may be opposed and excluded on the ground that it is hearsay; the party
party (if party is defendant) against whom it is offered has no opportunity to cross-examine the deponent at
iv. Order him to pay reasonable expenses the time that his testimony is offered. It does not matter that that opportunity
for cross-examination was afforded during the taking of the deposition; for
Cases in modes of discovery normally, the opportunity for cross-examination must be accorded a party at
the time that the testimonial evidence is actually presented against him during
Dasmarinas v. Reyes (When depositions are taken) the trial or hearing.
However, depositions may be used without the deponent being actually called
American President Lines (APL) sued Dasmarinas Garments to recover 53k. In to the witness stand by the proponent, under certain conditions and for certain
its answer, Dasmarinas garments simply denied any liability and set up limited purposes. These exceptional situations are governed by (now Sec 4,
counterclaims. Rule 23 of the ROC)
During the trial, APL presented its first witness and it was thereafter completed.
The case was reset to a later date (May 3) for reception of the testimony of two Sec. 4. Use of depositions. — At the trial or upon the hearing of a motion of an
more witnesses for APL. At the May 3 hearing, instead of presenting the interlocutory proceeding, any part or all of a deposition, so far as admissible under
witnesses, APL filed a motion praying that it wanted to take the depositions of the rules of evidence, may be used against any party who was present or
Lee and Yeh in Taiwan and prayed that for this purpose, a letters rogatory be represented at the taking of the deposition or who had due notice thereof, in
issued addressed to the diplomatic officials of the Philippines in Taipei. accordance with any of the following provisions:
However, since this could not be done since there was no consulate office in (a) Any deposition may be used by any party for the purpose of contradicting or
Taiwan, they asked that Director Joaquin Roces of the Asia Exchange Center to impeaching the testimony of deponent as a witness;
hear and take the oral depositions of the two Taiwanese. Dasmarinas naturally (b) The deposition of a party or of any one who at the time of taking the deposition
opposed. was an officer, director, or managing agent of a public or private corporation,
RTC allowed the deposition to be taken by Roces, opining that the Asian partnership, or association which is a party may be used by an adverse party for
Exchange Center was the authorized Philippine representative in Taiwan and any purpose;
that it may take the testimonies of the two witnesses residing there by (c) The deposition of a witness, whether or not a party, may be used by any
deposition, but only upon written interrogatories so that Dasmarinas can cross- party for any purpose if the court finds:
examine them
Dasmarinas went to the CA but it was denied. (1) that the witness is dead; or
(2) that the witness if out of the province and at a greater distance than fifty
Issue: Can a party, during the trial of a case, present its evidence by taking the (50) kilometers from the place of trial or hearing, or is out of the Philippines,
deposition of its witnesses in a foreign jurisdiction before a private entity not unless it appears that his absence was procured by the party offering the
authorized by law to take depositions? deposition; or
(3) that the witness is unable to attend to testify because of age, sickness,
Depositions are a mode of discovery. They are intended as a means to infirmity, or imprisonment; or
(4) that the party offering the deposition has been unable to procure the
compel disclosure of facts resting in the knowledge of a party or other person
attendance of the witness by subpoena; or
which are relevant in some suit or proceeding in court. They are meant to
(5) upon application and notice, that such exceptional circumstances exist as to
enable a party to learn all material and relevant facts, not only known to him make it desirable, in the interest of justice and with due regard to the
and his witnesses but also those known to the adverse party and the latter’s importance of presenting the testimony of witnesses orally in open court, to
own witnesses allow the deposition to be used;
In fine, the object of discovery is to make it possible for all the parties to a case
to learn all the material and relevant facts from whomever may have
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
(d) If only part of a deposition is offered in evidence by a party, the adverse party rogatory may be addressed "To the Appropriate Judicial Authority in (here name the
may require him to introduce all of it which is relevant to the part introduced, and country)."
any party may introduce any other parts.
COMMISSION: A commission may be defined as "(a)n instrument issued by a
It is apparent then that the deposition of any person may be taken wherever he court of justice, or other competent tribunal, to authorize a person to take
may be, in the Philippines or abroad. depositions, or do any other act by authority of such court or tribunal"
o If the party or witness is in the Philippines, his deposition "shall be LETTERS ROGATORY: Letters rogatory, on the other hand, may be defined as
taken before any judge, municipal or notary public" (Sec. 10, Rule 23, "(a)n instrument sent in the name and by the authority of a judge or court to
Rules of Court). another, requesting the latter to cause to be examined, upon interrogatories
o If in a foreign state or country, filed in a cause pending before the former, a witness who is within the
the deposition shall be taken: jurisdiction of the judge or court to whom such letters are addressed"."
(a) on notice before a secretary or embassy or What matters is that the deposition is taken before a Philippine official acting by
legation, consul general, consul, vice-consul, or authority of the Philippine Department of Foreign Affairs and in virtue of a
consular agent of the Republic of the Philippines, or commission duly issued by the Philippine Court in which the action is pending,
(b) before such person or officer as may be and in accordance, moreover, with the provisions of the Philippine Rules of
appointed by commission or under letters rogatory" Court pursuant to which opportunity for cross-examination of the deponent will
Leave of court is not necessary where the deposition is to be taken before "a be fully accorded to the adverse party
secretary or embassy or legation, consul general, consul, vice-consul, or Dasmariñas also contends that the "taking of deposition is a mode of pretrial
consular agent of the Republic of the Philippines," and the defendant's answer discovery to be availed of before the action comes to trial." Not so.
has already been served o Depositions may be taken at any time after the institution of any
After answer, whether the deposition-taking is to be accomplished within the action, whenever necessary or convenient. There is no rule that limits
Philippines or outside, the law does not authorize or contemplate any deposition-taking only to the period of pre-trial or before it; no
intervention by the court in the process, all that is required being that prohibition against the taking of depositions after pre-trial. Indeed, the
"reasonable notice" be given "in writing to every other party to the action . . . law authorizes the taking of depositions of witnesses before or after an
(stating) the time and place for taking the deposition and the name and appeal is taken from the judgment of a Regional Trial Court "to
address of each person to be examined, if known, and if the name is not perpetuate their testimony for use in the event of further proceedings
known, a general description sufficient to identify him or the particular class or in the said court" and even during the process of execution of a final
group to which he belongs. . . . " (Sec. 15, Rule 24). and executory judgment
o The court intervenes in the process only if a party moves Dasmariñas further claims that the taking of deposition under the
1. to "enlarge or shorten the time" stated in the notice (id.), circumstances is a "departure from the accepted and usual judicial proceedings
2. "upon notice and for good cause shown," to prevent the of examining witnesses in open court where the demeanor could be observed
deposition-taking, or impose conditions therefor, e.g., that by the trial judge;" that it is "inherently unfair" to allow APL, "a foreign entity
"certain matters shall not be inquired into" or that the taking suing in the Philippines, to present its evidence by mere deposition of its
be "held with no one present except the parties to the action witnesses away from the 'penetrating scrutiny' of the trial Judge while
and their officers or counsel," etc. or petitioner is obligated to bring and present its witnesses in open court subject
3. to terminate the process on motion and upon a showing that to the prying eyes and probing questions of the Judge."
"it is being conducted in bad faith or in such manner as o Of course the deposition-taking in the case at bar is a "departure from
unreasonably to annoy, embarrass, or oppress the deponent the accepted and usual judicial proceedings of examining witnesses in
or party" open court where their demeanor could be observed by the trial
Where the deposition is to be taken in a foreign country where the Philippines judge;" but the procedure is not on that account rendered illegal nor is
has no "secretary or embassy or legation, consul general, consul, vice-consul, the deposition thereby taken, inadmissible.
or consular agent," then obviously it may be taken only "before such person or o It precisely falls within one of the exceptions where the law permits
officer as may be appointed by commission or under letters rogatory. Section such a situation, i.e., the use of deposition in lieu of the actual
12, Rule 23 provides as follows: appearance and testimony of the deponent in open court and without
being "subject to the prying eyes and probing questions of the Judge."
Sec. 12. Commission or letters rogatory. — A commission or letters rogatory shall o This is allowed provided the deposition is taken in accordance with the
be issued only when necessary or convenient, on application and notice, and on applicable provisions of the Rules of Court and the existence of any of
such terms and with such directions as are just and appropriate. Officers may be the exceptions for its admissibility — e.g., "that the witness if out of
designated in notices or commissions either by name or descriptive title and letters the province and at a greater distance than fifty (50) kilometers from
the place of trial or hearing, or is out of the Philippines, unless it
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
appears that his absence was procured by the party offering the conducted under oath outside of the court room, usually in one of the lawyers
deposition; or . . . that the witness is unable to attend to testify offices. A transcript - word for word account - is made of the deposition. The
because of age, sickness, infirmity, or imprisonment, etc."— is first testimony of a witness is taken in writing, under oath or affirmation, before
satisfactorily established some judicial officer in answer to questions or interrogatories
The Regional Trial Court saw fit to permit the taking of the depositions of the o The PURPOSE OF TAKING DEPOSITIONS:
witnesses in question only by written interrogatories, removing the proponent's 1.] Give greater assistance to the parties in ascertaining the
option to take them by oral examination, i.e., by going to Taipei and actually truth and in checking and preventing perjury;
questioning the witnesses verbally with the questions and answers and 2.] Provide an effective means of detecting and exposing
observations of the parties being recorded stenographically. false, fraudulent claims and defenses;
The imposition of such a limitation, and the determination of the cause thereof, 3.] Make available in a simple, convenient and inexpensive
are to be sure within the Court's discretion. The ostensible reason given by the way, facts which otherwise could not be proved except with
Trial Court for the condition — that the deposition be taken "only upon written great difficulty;
interrogatories" — is "so as to give defendant (Dasmariñas) the opportunity to 4.] Educate the parties in advance of trial as to the real value
cross-examine the witnesses by serving cross-interrogatories." of their claims and defenses thereby encouraging
o The statement implies that opportunity to cross-examine will not be settlements;
accorded the defendant if the depositions were to be taken upon oral 5.]Expedite litigation;
examination, which, of course, is not true. For even if the depositions 6.] Safeguard against surprise;
were to be taken on oral examination in Taipei, the adverse party is 7.]Prevent delay;
still accorded full right to cross-examine the deponents by the law, 8.] Simplify and narrow the issues; and
either by proceeding to Taipei and there conducting the cross- 9.] Expedite and facilitate both preparation and trial.
examination orally, or opting to conduct said cross-examination merely o As can be gleaned from the foregoing, a deposition, in keeping with its
by serving cross-interrogatories. nature as a mode of discovery, should be taken before and not
during trial.
People v. Webb In fact, rules on criminal practice - particularly on the defense
of alibi, which is respondents main defense in the criminal
Hubert Webb was one of the accused in the famous rape case. In the trial, he proceedings against him in the court below - states that when
filed a motion to take the testimony by oral deposition praying that he be a person intends to rely on such a defense, that person must
allowed to take the testimonies of several personnel of the US Department of move for the taking of the deposition of his witnesses within
Justice, Department of Motor Vehicles before the diplomatic officials of the the time provided for filing a pre-trial motion.
Philippines in the US in lieu of presenting them as witnesses in court. He alleges A circumspect scrutiny of the record discloses that the evidence to be obtained
that their testimonies are crucial to establish his innocence. His basis of Sec 4 through the deposition-taking would be superfluous or corroborative at best. A
of Rule 23 of the ROC careful examination of Exhibits 218 and 219 readily shows that these are of the
The prosecution opposed, alleging that Rule 23 Sec 4 has no application in same species of documents which have been previously introduced and
criminal cases. The RTC denied Webb’s motion. Webb went to the CA by admitted into evidence in a previous trial court order
certiorari. CA ruled in favor of Webb, allowing the diplomatic officials of the It need not be overemphasized that the foregoing factual circumstances only
Philippines to take the depositions. serves to underscore the immutable fact that the depositions proposed to be
Petitioner (prosecution) went to the SC via rule 65 taken from the five U.S. based witnesses would be merely corroborative or
cumulative in nature and in denying respondents motion to take them, the
Issue: Was the CA correct in allowing the diplomatic officials to take the oral trial court was but exercising its judgment on what it perceived to be a
deposition? NO. CA INCORRECT. superfluous exercise on the belief that the introduction thereof will not
reasonably add to the persuasiveness of the evidence already on record.
SC first labored to define what a deposition is: It is the testimony of a
witness taken upon oral question or written interrogatories, not in open court, Republic v. Sandiganbayan
but in pursuance of a commission to take testimony issued by a court, or under
a general law or court rule on the subject, and reduced to writing and duly PCGG filed a complaint for reconveyance, reversion, etc against Tantoco
authenticated, and intended to be used in preparation and upon the trial of a Santiago and the Marcoses. After being served, Tantoco and Santiago, instead
civil or criminal prosecution. of filing answer, filed a motion to strike out some portions of the complaint and
It is a pre-trial discovery device by which one party (through his or her for a bill of particulars.
attorney) asks oral questions of the other party or of a witness for the other They then presented a motion for leave to file interrogatories under the ROC.
party. The person who is deposed is called the deponent. The deposition is Basically, the sought an answer to the question as regards who among the
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
PCGG commissioners approved or authorized their (Santiago and Tantoco) their WHEN LEAVE OF COURT REQUIRED: On the other hand, leave of court is
inclusion. The Sandiganbayan denied the motion for BOP and the motion for required as regards discovery by (a) production or inspection of documents or
leave to file interrogatories opining that service of interrogatories before joinder things in accordance with Rule 27, or (b) physical and mental examination of
of issues and without leave of court is premature. persons under Rule 28, which may be granted upon due application and a
Therafter, Tantoco and Santiago filed with the SB a pleading denominated showing of due cause.
―Interrogatories to Plaintiff‖, seeking factual details relative to specific The petitioner's (prosecution’s) objections to the interrogatories served on it in
averments of the PCGG complaint (what specific acts were committed) and a accordance with Rule 25 of the Rules of Court cannot be sustained.
motion for production of documents (seeking the records on the basis of which o It should initially be pointed out that Tantoco/Santiago’s motion for
the verification of the complajnt was made) Sandiganbayan admitted the leave to file interrogatories was correct since leave of court was
interrogatories and granted the motion for production. PCGG opposed and went required when discovery is being availed of before an answer is
to the SC served. But there was no need for the private respondents to seek
such leave to serve their Interrogatories to Plaintiff after they had filed
Issue: Was the SB correct in admitting the interrogatories? YES. Leave of court not their answer to the PCGG's complaint, just as there was no need for
required anymore. the Sandiganbayan to act thereon.
there is also good cause for the production and inspection of the documents
Involved in the present proceedings are two of the modes of discovery provided subject of the motion for production. Some of the documents are, according to
in the Rules of Court: interrogatories and inspection and production of the verification of the amended complaint, the basis of several of the material
things allegations of said complaint. Others, admittedly, are to be used in evidence by
The various modes or instruments of discovery are meant to serve the plaintiff. It is matters such as these into which inquiry is precisely allowed
o (1) as a device, along with the pre-trial hearing under Rule 20, to by the rules of discovery, to the end that the parties may adequately prepare
narrow and clarify the basic issues between the parties, and for pre-trial and trial. The only other documents sought to be produced are
o (2) as a device for ascertaining the facts relative to those issues. needed in relation to the allegations of the counterclaim. Their relevance is
The field of inquiry that may be covered by depositions or interrogatories is as indisputable; their disclosure may not be opposed.
broad as when the interrogated party is called as a witness to testify orally at
trial. The inquiry extends to all facts which are relevant, whether they be RECAP
ultimate or evidentiary, excepting only those matters which are privileged.
The objective is as much to give every party the fullest possible information of When leave of court required When not required
all the relevant facts before the trial as to obtain evidence for use upon said Depositions under Rule 24: Depositions under Rule 24:
trial. The principle is reflected in Section 2, Rule 24 (governing depositions pending action when answer depositions pending action when answer
depositions) which generally allows the examination of a deponent — to complaint has been served has not been filed but after jurisdiction
1) regarding any matter, not privileged, which is relevant to the subject of the has been obtained over defendant
pending action, whether relating to the claim or defense of any other party Depositions under Rule 25: Deposition PENDING appeal under
2) as well as: interrogatories to parties when answer Rule 24
(a) "the existence, description, nature, custody, condition and location of any to complaint has been served
books, documents, or other tangible things" and Request for admission under Rule Depositions under Rule 25:
(b) "the identity and location of persons having knowledge of relevant facts." 26: request for admission does not interrogatories to parties when answer
require court approval has not been filed but after jurisdiction
has been obtained over defendant
WHEN LEAVE OF COURT NOT REQUIRED: such modes of discovery as (a)
Rule 27: Motion for production of
depositions (whether by oral examination or written interrogatories) under Rule
inspection of documents or things
24, (b) interrogatories to parties under Rule 25, and (c) requests for admissions
under Rule 26, may be availed of without leave of court, and generally, without Rule 28: Motion for physical and mental
court intervention. examination of person
o The Rules of Court explicitly provide that leave of court is not
necessary to avail of said modes of discovery after an answer to the PO v. CA: A request for admission is redundant when the party from whom it is
complaint has been served. It is only when an answer has not yet sought has already admitted the same facts in his pleading. Additionally, he does
been filed (but after jurisdiction has been obtained over the not have to make a second denial of those already denied in his answer to the
defendant or property subject of the action) that prior leave of complaint.
court is needed to avail of these modes of discovery, the reason
being that at that time the issues are not yet joined and the
disputed facts are not clear.
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
If these are all done, the court of origin [tc] at its discretion, What is a supersedeas bond? Basically, it is a bond that a
may order the execution of the final judgment or order before defendant/losing party puts up if he wants to defer
the expiry of the period to appeal. payment/compliance with a judgment until the appeal is over.
WHAT IS THE Where the executed judgment is reversed totally/partially or is
HOWEVER, when trial court loses jurisdiction, the motion for EFFECT OF THE annulled on appeal or otherwise, the trial court, upon motion,
execution pending appeal may be filed in the appellate court. REVERSAL OF AN may issue orders of restitution or reparation of damages as
EXECUTED equity and justice may warrant
To reiterate: JUDGMENT ON
Before an appeal is perfected: Prevailing party must file APPEAL? Basically, court will tell the winning party to return what he
the motion with the trial court that rendered the already got
judgment/final order WHAT ARE THE 1. By motion within 5 years from date of entry of judgment
After it has been perfected: with the appellate court MODES OF 2. By independent action called ―revival of judgment‖ after 5
EXECUTION? years and before it has prescribed
2. Partial, separate or several judgments: may be executed WHAT ARE THE 1. When judgment creditor (winner) dies: His executor,
on the same terms. RULES IN administrator of successor-in-interest must apply for the
EXECUTION IN CASE writ of execution
Immediately executory judgments: (meaning they are not OF DEATH OF A 2. When judgment debtor (loser) dies AND it is for
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
PARTY? recovery of personal/real property: 3. Garnishment of debts and credits: Another way of
a. The writ shall be enforced/directed against executing a judgment for money. It is a species of
his executor, administrator or successor in attachment for reaching credits belonging to the judgment
interest debtor and owing to him from a stranger in litigation. It is
b. The lien on the property may also be an attachment by which the plaintiff seeks to subject to
enforced his claim property of the defendant in the hands of a third
3. When judgment debtor dies AND execution has person or money owed by such third person or garnishee
actually levied upon any of his property: the to the defendant.
properties may be sold for the satisfaction of the
judgment obligation. Examples:
WHAT IS THE As per Sec 14, it is 5 years because you have 5 years to file Credits (receivables), bank deposits, financial interests,
LIFETIME OF THE the motion for the writ to issue. royalties, commissioners and other personal property not
WRIT OF capable of manual delivery in the possession or control of third
EXECUTION? parties.
HOW ARE 1. Immediate payment on demand: Basically, the
EXECUTIONS FOR judgment debtor will be ordered to pay the full amount However, you can’t garnish public funds and wages. Also,
JUDGMENTS FOR stated in the writ of execution. It can be through cash, when bank deposits are garnished, it is not a violation of the
MONEY ENFORCED? certified bank check payable only to the judgment bank secrecy law.
creditor or through any other means acceptable to
IMMEDIATE the judgment creditor. Rules to keep in mind:
PAYMENT + L EVY + 2. Satisfaction by levy: This arises when the judgment
GARNISHMENT debtor cannot pay all or part of the obligation in cash, a) The garnishment shall be made by notifying the third
bank check or other mode of payment. The sheriff will party owing such debts or having in his possession or
levy upon the properties of the judgment obligor of every control such credits to which the judgment creditor is
kind and nature. entitled.
b) In case there are two or more garnishees holding
Dagooc v. Erlina: You can’t use a promissory note to satisfy deposits/credits sufficient to satisfy the judgment, the
a money judgment. judgment debtor, if available, may choose the garnishees.
Otherwise, the judgment creditor will choose.
What is the meaning of levy? WHAT HAPPENS Situation: Sheriff levies on a property that is claimed by a
WHEN THE third party.
It is the act whereby a sheriff sets apart or appropriates for PROPERTY LEVIED
the purpose of satisfying the writ of the execution, a part or ON IS CLAIMED BY What must the third party do? Make an affidavit of his title
the whole of the judgment debtor’s property ANOTHER PERSON? or right to possession, stating the grounds and serve it upon
the officer making the levy.
What are the three different kinds of sales under the RULE 39 SEC 16
law? When this is done, the sheriff/officer making the levy will not
be bound to keep the property.
Ordinary execution sale
Judicial foreclosure sale However, when the judgment creditor (winner), upon the
Extra-judicial foreclosure sale demand of the officer, files a bond approved by the court to
indemnify the third party at an amount not less than the value
Rules to keep in mind: of the levied property, the officer can still keep it.
a) Judgment debtor may choose what will be levied upon
b) If he does not choose, the sheriff shall levy on personal Also, the judgment creditor can claim for damages against a
property first if any and then the real properties if the third-party claimant who filed a spurious claim.
personal properties are insufficient.
c) The sheriff must only sell so much of the property as is What are the remedies of the third party claimant if his
sufficient to satisfy the debt and lawful fees. claim is disapproved
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
1. File a separate action to determine title or right of 2. When it’s not personalty and it is not capable of
possession manual delivery: After payment, the officer making the
2. File complaint for damages against the bond filed by the sale must execute and deliver to the purchase a certificate
judgment creditor of sale. The certificate transfers all the rights that the
judgment debtor may have had (as of the date of
Other rules/nuances: levy/prelim attachment) to the buyer
3. If real property: A certificate of sale must be given upon
a) The officer is not liable for damages for the payment showing the description of the property, the
taking/keeping of the property to any third-party claimant price paid. The certificate must be registered
if the judgment creditor files a bond. 4. If property claimed by third-person: The certificate to
b) However, an action may be filed by the judgment creditor be issued shall state that there is a third-party claim
against the sheriff/levying officer as long as it is filed REDEMPTION Who may redeem real property sold?
within 120 days from the filing of the bond 1. The judgment debtor, his successor in interest in whole or
c) When the writ of execution is issued in favor of the in part of the property
Republic of the Philippines or any officer representing it, 2. A creditor having a lien by virtue of an attachment,
the filing of such bond (indemnity bond) is not required judgment, or mortgage on the property sold. He is called
d) In case the sheriff is sued for damages as a result of the the redemptioner
levy, he shall be represented by the Solicitor General and
if he is held liable, the National Treasurer will pay for it. Period to redeem
SALE ON 1. If perishable property: by posting written notice of time
EXECUTION and place of sale at 3 public places for a reasonable time 1. Judgment debtor (or successor in interest): IF he is
(NOTICE 2. If other personal property: posting in 3 public places for exercising redemption ahead of the redemptioner
REQUIREMENTS) at least 5 days within 1 year from the date of registration of certificate of
3. In real property, by posting in 3 public places. If the value sale with the RD
of the property is more than 50k, notice must be 2. Redemptioner exercising redemption ahead of
published once a week for 2 straight weeks in one judgment debtor Also within 1 year from the date of
newspaper in circulation in the provine or city registration
4. In ALL cases, notice must be given to the judgment 3. Redemptioner redeeming from another
debtor at least 3 days before the sale except if it is redemptioner Within 60 days from the last
perishable. If it’s perishable, notice shall be given any redemption
time before the sale
The purchaser/last redemptioner entitled to:
Rules:
1. Execution of final deed of sale by the sheriff: This is to
a) All execution sales must be made at a public auction to enable purchaser or last redemptioner to consolidate his
the highest bidder. title to the property and for the issuance by the RD of new
b) The judgment debtor, if present, may direct the order in title in his name
which the property shall be sold (remember, if enough 2. Physical possession of the property by means of writ of
has been sold to satisfy the judgment, no more should be possession against judgment debtor or his successor
sold. If there is any excess, it shall go to the judgment interest or against any occupant. This can be availed of
debtor) AFTER filing of a case in which the judgment was
c) The judgment creditor can join in the auction. If he joins rendered and a writ of execution was issued.
and no third party claim has been filed, he doesn’t have to WHEN WRIT OF 1. Sale at a public auction Where 12 month period has
pay the amount of the bid if it does not exceed the POSSESSION MAY already lapsed without any redemption
amount of his judgment. If it does, he shall pay the BE ISSUED 2. Land registration proceedings
excess. 3. Judicial foreclosure Debtor must be in possession and
CONVEYANCE OF 1. When it’s personalty and it is capable of manual no third person intervenes
THE PROPERTY delivery: After payment, the officer making the sale must 4. EJ foreclosure
deliver it to the purchaser and execute a certificate of a SATISFACTION OF This is where the case ends. The clerk of court enters the
sale if required. JUDGMENT satisfaction of the judgment. When does he do this?
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
(c) the property attached is exempt from execution, hence exempt from preliminary
1. Upon the return of a writ of execution showing full attachmen9 or chanrobles virtual law library
satisfaction (d) the judgment is rendered against the attaching or garnishing creditor.
2. Upon the filing of an admission to the satisfaction by the
judgment creditor/counsel Partial execution of the judgment is not included in the above enumeration of the
3. Endorsement of such admission by the judgment creditor legal grounds for the discharge of a garnishment order.
or his counsel
Campillo: A notice of levy on execution cannot prevail over an existing adverse
Cases: claim inscribed on the title. This is because the judgment creditor’s title is subject to
the title of the judgment debtor.
Fiestan:
Manila Remnant:
(a) the party whose accounts have been garnished has posted a counterbond or has
made the requisite cash deposit;
(b) the order was improperly or irregularly issued as where there is no ground for
garnishment 7 or the affidavit and/or bond filed therefor are defective or
insufficient;
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 57: Preliminary Attachment GROUNDS 1. An action for recovery of specified amount of money or
damages (but not moral and exemplary damages)on a cause
NATURE OF Olib v. Pastoral/Davao Light of action arising from a contract, quasi-contract, delict, quasi-
PRELIMINARY delict against a party who is about to depart from the
ATTACHMENT Attachment is defined as a provisional remedy by which the Philippines with intent to defraud creditors (usually a collection
property of an adverse party is taken into legal custody, either at case or damages case)
the commencement of the action or at any time thereafter, as a 2. An action for embezzled money/property:
security for the satisfaction of any judgment (keyword: S-S-J) a. OR money/ property fraudulently misapplied (to his
that may be recovered by the plaintiff or any other proper party. own use) by a public officer, officer of a corporation,
attorney, factor, broker, agent or clerk in the course
AUXILIARY: It is an AUXILIARY remedy that cannot have an of his employment as such OR by any other person in
independent existence apart from the main suit or claim a fiduciary capacity OR for a willful violation of duty
instituted by the plaintiff against the defendant. Thus, the 3. An action to recover property fraudulently or unjustly
attachment must fail if the suit itself cannot be maintained. taken, detained, or converted when the property or any part
USUALLY INCORPORATED in COMPLAINT: The thereof has been concealed, removed or disposed to prevent
plaintiff/other proper party incorporates the application for its being found or taken
attachment in the complaint or other appropriate pleading. 4. An action involving fraud in contracting or performing
CAN BE ISSUED EVEN BEFORE ACQUIRING obligations
JURISDICTION OVER DEFENDANT: as long as the action 5. An action against a party who has removed or disposed of
has been properly commenced. his property or about to do so with intent to defraud his
NOTICE AND HEARING REQUIREMENTS: notice and creditors
hearing is not mandatory for the issuance of a writ of 6. An action against a party who does not reside and is not
attachment. The only requisite is that the court is satisfied found in the Philippines or on whom summons may be
upon consideration of the affidavit of the applicant that a served by publication
sufficient cause of action exists and that the case is one ISSUANCE AND Sec 2 provides that:
mentioned in Sec 1 of Rule 57. CONTENTS OF
EFFECT OF APPEAL: The consequence is that where the main ORDER An order of attachment may be issued either ex-parte OR
action is appealed, the attachment which may have been upon motion with notice and hearing in the court where the
issued as an incident of that action is also considered appealed action is pending, or by the CA, or the SC.
AND so removed from the jurisdiction of the court appealed Contents: Court will order sheriff to attach so much of the
from. property in the Philippines of the party against whom it is
NO PRINCIPAL CASE FOR ATTACHMENT: The attachment issued as may be sufficient to satisfy the applicant’s demand
itself cannot be the subject of a separate case independent of o BUT the party against whom it is issued MAY make a
the principal action because of its auxiliary nature. DEPOSIT or file a bond, the amount of which should
ORDER OF JUDGE DENYING A MOTION FOR ANNULMENT be enough to satisfy the amount in the order
OF WRIT OF PRELIM ATTACHMENT IS INTERLOCUTORY: bond vs. the ORDER of attachment
Hence, it cannot be appealed. Rule 65 is the remedy.
HOWEVER when the writ of prelim attachment becomes Sec 3 provides for the requirements for a writ of attachment to be
final by virtue of a final judgment in the principal case, the issued: (AFFIDAVIT + BOND filed with the court)
writ itself is subject to appeal (jointly with the judgment
rendered in the main case) 1. AFFIDAVIT: by applicant or by another person who
A bond is not deemed extinguished by reason alone of its non- personally knows the facts must show:
payment (see below) a. a sufficient cause of action
Order of attachment is considered discharged ONLY where the b. one/more enumerated grounds are present
judgment has become final and executory and not when it is c. there is no other sufficient security for the claim
still in appeal. sought to be enforced by the action
d. the amount due to the applicant, or the value of
the property the possession of which he is
WHEN FILED? 1. At the commencement of the action (filing of the complaint OR entitled to recover, is as much as the sum for
2. At any time before entry of judgment which the order is granted above all
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Such damages may be awarded only after proper hearing and shall
be included in the judgment on the main case (even if attachee
loses in main case, he may still be awarded damages for improper,
irregular or excessive attachment)
IF in APPELLATE COURT
Writs of attachment may properly issue ex parte provided that the Court is satisfied
that the relevant requisites therefor have been fulfilled by the applicant, although it
may, in its discretion, require prior hearing on the application with notice to the
defendant; but that levy on property pursuant to the writ thus issued may not be
validly effected unless preceded, or contemporaneously accompanied, by service on
the defendant of summons, a copy of the complaint (and of the appointment of
guardian ad litem, if any), the application for attachment (if not incorporated in but
submitted separately from the complaint), the order of attachment, and the
plaintiff's attachment bond
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 58: Preliminary Injunction NOTICE IN CASE OF APPLICATION FOR PRELIM INJ IN
MULTI-SALA COURT: In any event, the notice shall be preceded
Prelim A preliminary injunction is a preventive remedy. or simultaneously accompanied by service of summons upon the
injunction It is an order granted at ANY stage of an action or adverse party in the Philippines together with the
defined proceeding PRIOR to the judgment or final order, complaint/initiatory pleading
requiring a party, court, agency or person to REFRAIN from
doing particular act/acts. However, where the summons could not be personally served or
PRELIMINARY MANDATORY INJUNCTION: Requires the by cannot be served by substituted service despite diligent efforts,
performance of a particular act or acts. or the adverse party is a resident of the Phils and temporarily
Nature and To preserve the status quo of the things subject of the action absent or when he is a non-resident, the requirement of PRIOR or
Purpose of or the relations between the parties and thus protect the CONTEMPORANEOUS service shall not apply
Prelim rights of the plaintiff during the pendency of the suit.
injunction It cannot protect contingent or future rights. The possibility WHEN BOND NOT REQUIRED: WHEN TRO is PRAYED FOR: The
of irreparable damage, without proof of violation of an actual application for a TRO shall then be acted upon only after all
or existing right, is not a ground of injunction. parties are heard in a summary hearing which shall be done
Grounds for A preliminary injunction may be granted when it is established within 24 hours after the sheriff’s return of service and/or the
issuance that: records are received by the branch selected by raffle and to which
the records shall be transmitted immediately.
1. The applicant is entitled to the relief demanded and the
relief consists in the restraining the commission or NOTE: In preliminary injunction, applicant’s bond is mandatory.
continuance of the act or acts complained of, or in In TRO, applicant’s bond is not mandatory. Only summary hearing
requiring the performance of an act or acts, either for a required.
limited period or perpetually Who may 1. Where the action or proceeding is pending
2. The commission, continuance or non-performance of the act grant
or acts complained of during litigation would probably work preliminary As an example:
injustice to the applicant injunction File in MTC (in cases of pending FEUD cases or actions not
3. That a party, court, agency, or a person is doing, threatening exceeding 20k/50k as the case may be
or is attempting to do, or is procuring something to be done, File in RTC (in cases of specific performance for example
some act or acts probably in violation of the rights of the
applicant respecting the subject of the action or 2. If the action is already pending in the CA/SC, it may be
proceeding, and tending to render the judgment issued by said court of any member thereof
ineffectual
HOWEVER you can’t file a petition for injunction as a main action
Technical Requirements: (verified+bond) in the CA or SC (usually, actions under rule 65 get to the CA/SC
1. VERIFIED: The application in the action is verified and and additionally, injunction is prayed for)
shows facts entitling applicant to the relief demanded Sec 5: GR: No preliminary injunction shall be granted without hearing
2. BOND: UNLESS exempted by the court, the applicant files Preliminary and prior notice to the party or persons sought to be enjoined.
with the court where the action or proceeding is pending, a injunction not
bond executed to the party or person enjoined, in an granted EX:
amount fixed by the court, to the effect that the applicant without notice
will pay to such party/person ALL damages which he may and its 1. 20 DAY TRO instead (by the TC): If it shall appear from
sustain by reason of the injunction/TRO if the court should exception facts shown by affidavits or by the verified application that
finally decide that the applicant was not entitled thereto. great or irreparable injury would result to the applicant
before matter can be heard on notice. In this case, the court
PROCEDURE IN MULTI-SALA COURT: When an application for may issue ex-parte a 20 day TRO (in this case, Prelim INJ
a writ of PI or TRO is included in a complaint or initiatory was prayed for but TRO will instead be granted)
pleading, the case, if filed in a multiple-sala court, shall be raffled 2. 72 HOUR TRO in MULTI-SALA COURT: If matter is of
only after notice to and in the presence of the adverse party or extreme urgency and the applicant will suffer grave
person sought to be enjoined. injustice and irreparable injury, the executive judge of a
multi-sala court may issue a 72 hour TRO. After 72 hours, the
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judge before whom the case is pending will then decide in technical cases as when mere questions of law
whether to extend the TRO until the application for PRELIM are involved, injunction will lie against these cases.
INJ can be heard. However, in no case shall the 72 hour TRO When 1. Petition for relief (38)
exceed 20 days (including the 72 hours already) injunction 2. Petition for CPM (65) (to restrain respondent)
a. In the event that the application for preliminary proper 3. Actions for annulment of judgment
injunction is denied or not resolved within the 4. Restrain continued breach of valid negative (don’t do)
said 20 day period, the TRO is deemed obligation
automatically vacated. Its effectivity is non- 5. Restrain abatement of nuisance per accidens while
extendible without need of any judicial determination of nuisance is pending
declaration to that effect and no court shall have
authority to extend or renew it on the same Cases:
ground it was issued (however, TRO life can be
extended if BOTH parties ask for it) 1. Decano v. Edu: D was dismissed from service (as a janitor) by E. He was
3. CA TRO: if CA or a member thereof issues a TRO, it shall last merely a temporary appointee of an administrative agency. D then filed a
for 60 days from service. petition for injunction and mandamus in Pangasinan RTC to prevent his
4. SC TRO: If SC issues, it is effective until further orders dismissal. The official station however of E, is in Quezon City so E was arguing
that the Pangasinan RTC did not have jurisdiction. The SC held that where the
IMPORTANT: the trial court, the CA, the SB or the CTA that main action is the annulment of the action of the respondent AND injunction is
issued a writ of prelim inj against a lower court, board, officer, or merely ancillary, the trial court of the locality where questioned act (the
QJ agency shall decide the main case or petition within 6 dismissal) to be implemented has jurisdiction. In this case, the implementation
months from the issuance of the writ. of the dismissal order was to be made in Pangasinan hence the court had
Objections to The application for injunction or restraining order may be jurisdiction.
or dissolution denied, upon a showing of its insufficiency. 2. Versoza v. CA:
of injunction It may also be denied or, if granted, may be dissolved, on a. F owned a parcel of land. He mortgaged it to V. F failed to pay so V
other grounds upon affidavits of the party/person enjoined foreclosed.
COUNTERBOND: It may also be further denied or if granted, b. To prevent this, F filed a complaint against V for annulment of
may be dissolved IF after hearing that although the applicant mortgage with prayer for writ of prelim inj. It was initially
is ENTITLED to injunction or restraining order, the issuance or dismissed because of improper verification but F’s MR was
continuance thereof, would cause irreparable damage to the granted and the amended complaint was admitted.
party/person enjoined and the party/person enjoined files c. V filed a petition for certiorari, alleging that the TC committed GADLEJ
a bond in an amount fixed by the court with the in admitting the complaint. Certiorari was denied.
condition that he will pay all damages which applicant d. However, auction proceeded and V won the auction sale. After
may suffer by the denial or dissolution of the injunction expiration of the redemption period, a TCT was issued in V’s name. V
or restraining order. then sold it to M who was issued his own TCT.
When final IF AFTER TRIAL, it appears that the applicant is entitled to e. In the meantime, F applied for a prelim inj against M, the new owner
injunction have the act/acts complained of permanently enjoined, the as per the title. Court granted the injunction INSOFAR as F’s right to
granted court shall grant a final injunction perpetually restraining the possess the land is concerned
party or person enjoined from the commission or continuance f. The issue is w/n F is entitled to injunction when the act complained of
of the acts or acts OR confirming the preliminary mandatory has already been consummated (in this case, F wanted to ANNUL the
injunction mortgage STOP the foreclosure but it was already done)
When 1. PD 605: cases involving licenses and other permits issued b i. SC Ruling: In this case, F was still the owner and was in
injunction public administrative officials for exploitation of natural possession of the property at the time the original complaint
IMPROPER resources was filed (annulment of mortgage)
2. PD 1818: cases involving infrastructure and natural resources ii. GR: where the acts sought to be enjoined have already been
projects of public utilities operated by government performed prior to filing for injunction, the consummated acts
3. PD 385: against any government financing institution taking cannot be restrained
foreclosure of loans of which at least 20% thereof are iii. EX: However, where the acts are performed AFTER the
outstanding injunction suit is commenced, a defendant may not as a
a. EXCEPTION to these laws: When it does not involve matter of right proceed to perform the acts sought to be
administrative acts that involve exercise of discretion restrained. He proceeds at his own peril. In this case, he still
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Rule 59: Receivership appointed be subject to the control of the said court
OTHER TYPES OF 1. Receivership in aid of execution of judgment under Rule
WHAT IS Normandy v. Duque: A receiver is a representative of the RECEIVERSHIP 39:
RECEIVERSHIP? court appointed for the purpose of preserving and conserving 2. Bank receivership
the property in litigation and prevent its possible destruction or 3. Insolvency receivership
dissipation (if it was instead left in the possession of any othe DUE PROCESS Notice and hearing is required before a receiver is appointed.
parties) REQUIREMENT
It is incumbent upon the applicant to present evidence to
The receiver is not the representative of any of the parties but establish the condition precedent that the property is in danger
of all of them to the end that their interests may be equally be of being lost, removed or materially injured unless receiver is
protected. appointed to preserve it.
PRELIMINARY An application for receivership must be VERIFIED.
CONSIDERATIONS This application is filed by one or more persons Otherwise put, applicant must present evidence to prove that
He/They must file it in the court where the action is the cases enumerated above are indeed existing.
pending. ADDITIONAL 1. Before an order appointing a receiver is issued, the
After which, they may be appointed by the court as REQUIREMENTS applicant is required to file a bond executed to the party
receivers where the action is pending, by the CA, or by the against whom thee application is presented
SC, or by a member of CA/SC APPLICANT’S a. Purpose: If the applicant procured the
CASES WHERE The cases may be divided into three groups. First group would BOND receivership without sufficient cause, the party
RECEIVERSHIP be during a pending action (1&2). Second group would be RECEIVER’S OATH against whom it is directed will be compensated
MAY BE AFTER judgment (3) and miscellaneous (4) RECEIVER’S BOND by the bond for the damages he may suffer due to
APPOINTED the order
1. When it appears from the application that the party 2. Before a receiver enters his duties, he shall swear to
D-DANGER applying for the appointment of a receiver has an interest perform his duties faithfully and also file another bond
M-MORTGAGE in the property or fund which is the subject of the action attesting that he will faithfully discharge his duties in the
P-PENDENCY OF or proceeding and that such property or fund is in danger action and obey the orders of the court
APPEAL of being lost, removed, or materially injured unless a INSTANCES WHEN 1. DISCHARGE IF WITHOUT CAUSE: Receiver may be
A-AID EXECUTION receiver be appointed to administer and preserve it APPLICATION FOR discharged if it is shown that his appointment was obtained
C-CARRY OUT 2. When it appears in an action by the mortgagee for the RECEIVERSHIP IS without sufficient cause. This requires a motion filed by
JUDGMENT foreclosure that the property is in danger of being DENIED OR A the adverse party with prior notice to the receiver
O-OTHERS wasted or dissipated or materially injured and that its RECEIVER IS 2. DENY OR DISCHARGE IF COUNTERBOND IS FILED: If
value is probably insufficient to discharge the DISCHARGED adverse party files a counterbond, application for
DAMPCO mortgage debt, or that the parties have so stipulated receivership may be denied or receiver may be discharged.
in the contract of mortgage a. Counterbond: The adverse party will pay the
3. After judgment to preserve the property applicant all damages he (applicant) may suffer by
a. during the pendency of the appeal, or reason of the acts, omissions or other matters
b. to dispose of it according to the judgment, or specified in the application as ground for such
c. to aid execution when the execution has been appointment
returned unsatisfied or the judgment debtor 3. IF APPLICANT/RECEIVER’s BOND is INSUFFICIENT:
refuses to apply his property in satisfaction of the If either the applicant’s or receiver’s bond is found to be
judgment insufficient or if the sureties thereon fail to justify, the
d. to carry out the judgment into effect application shall be denied or the receiver will be
4. In other cases, when it appears that the appointment of a discharged as the case may be.
receiver is the most convenient and feasible means of SERVICES OF Both the applicant and the adverse party may be required/may
preserving, administering or disposing the property in COPIES OF BONDS file bonds in accordance with this rule. Any person filing a bond
litigation in accordance with this rule shall serve a copy on each interest
party, who may challenge to the insufficiency of the bond or of
During the pendency of an appeal, the appellate court may the sureties thereon.
allow an application for the appointment of a receiver to be GENERAL POWERS 1. Power to bring and defend in his capacity as receiver
filed in and decided by the court of origin and the receiver OF RECEIVER actions in his own name
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
TAKE NOTE:
Property seized by the sheriff shall not to be delivered
immediately to the applicant. Sheriff must retain in custody
for 5 days and shall return it to the defendant if he files a
counterbond.
Counterbound must be filed within 5 days from the taking.
The period is mandatory.
Cases:
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Comparison and Review of the 3 PROVISIONAL REMEDIES: PRELIMINARY NOTICE AND May be issued ex- None required. Can Notice and hearing
ATTACHMENT, INJUNCTION and REPLEVIN HEARING parte or upon motion be issued ex parte GENERALLY required.
BEFORE with notice and However, if it is
PRELIM REPLEVIN: RULE 60 INJUNCTION; RULE ISSUANCE hearing. shown that there is
ATTACHMENT: Rule 58 possible great or
57 irreparable injury, a
GROUNDS One will suffice: All must be One will suffice: 20 day TRO may be
Action: established: ordered
1.to recover specified 1. That the applicant PROCEDURE AS Same. Not applicable
amount 1.That the applicant is entitled to the relief TO THIRD
2.involving is the owner of the demanded and the PARTY CLAIM What must third party (who’s claiming
embezzled money property claimed, relief consists in attached property) do?
3.recover fraudulently particularly describing restraining the Make an affidavit stating his title and
taken money it or that the commission or grounds for his title/right to possess
4.fraud in contracting applicant is entitled continuance of the act Serve the affidavit on the sheriff when the
or performing to the possession or acts complained of sheriff still has possession of the property
obligations 2.That the property is or in requiring the A copy of the affidavit must be served on
5.against party who wrongfully performance of an the attaching property
has removed or detained by the act/acts either for a
disposed of property adverse party, limited time or What is the effect?
to defraud creditors alleging the cause of perpetually The sheriff shall not be bound to keep the
6.non-resident detention thereof to 2.The commission, property under attachment
defendant the best of his continuance or non-
knowledge, performance of the Remedy of attaching party
information and belief act complained of File a bond to indemnify the third party
3.That the property during litigation would claimant in a sum not less than the value of
has not been probably work the property levied
distrained or taken injustice to the RECOVERY Sec 20 of Rule 57 provides the following:
for a tax assessment applicant AGAINST
or a fine pursuant to 3.That a party, court, SURETIES TRIAL COURT LEVEL: An application for damages on account of
law OR seized under agency or a person id improper, irregular or excessive attachment must be filed
a writ of execution or doing, threatening or o BEFORE the trial or
preliminary attempting to do, or o BEFORE appeal is perfected or
attachment (if seized, is procuring or o BEFORE the judgment becomes executory
it must be shown that suffering to be done, (ALL) with due notice to the attaching party and his
it is exempt from some act or acts surety/sureties
seizure or custody) or probably in violation The damages may be awarded only after proper hearing and shall
otherwise placed of the rights of the be included in the judgment on the main case
under custodia legis applicant APPELLATE LEVEL: Assuming the appeal as perfected IF the
4. The actual market judgment on the appellate court is favorable to the adverse party,
value of property he must claim damages sustained during the pendency of the
AFFIDAVIT AND Applicant must make Applicant must make Verified application appeal by filing an application in the appellate court, with notice to
BOND an affidavit and file a an affidavit and file a and applicant must the party in whose favor the remedy was issued or his
bond (in favor of bond (in favor of file a bond (in favor of surety/sureties BEFORE the judgment of the appellate court
adverse party) adverse party) BUT adverse party) becomes executory
bond must be double The adverse party MAY also recover in the same action the
Adverse party can file the value damages awarded to him from any property of the attaching
a counterbond to property not exempt from execution should the bond or deposit
discharge the Adverse party can file given by the attaching party is insufficient
attachment a counterbond to
have the property
returned
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
(Special Civil Actions) Rule 62: Interpleader denied, petition for certiorari rule 65.
WHEN IS 1. Whenever conflicting claims upon the same subject matter IMPORTANT: ―5 days in any event” applies in interpleader.
INTERPLEADER are or may be made against a person who claims no How?
PROPER? interest (at all) in the subject matter OR
2. There are conflicting claims upon the same SM that The period to answer shall be tolled and if the MTD is denied,
are/may be made against a person who claims an the movant may file his answer within the remaining period,
interest which is not disputed by the claimants which shall not be less than 5 days in any event, reckoned
from the notice of denial.
That person (called plaintiff-in-interpleader) may bring an ANSWER/DEFAULT Each claimant shall file his answer setting forth his claim within
action against the conflicting claimants the compel them to / PLEADINGS 15 days from service of summons.
interplead and litigate their several claims among themselves
(e.g. in lease contracts [two people claiming the right to If any claimant fails to plead within the time fixed, the court
collect rent], warehouseman) may, on motion, declare him in default and bar him from any
claim with respect to the SM.
Indispensable element of interpleader: conflicting claims
upon the same SM are/may be made against the plaintiff-in- Cross-claims, counterclaims, 3rd party complaints and
interpleader who claims no interest whatsoever in the subject responsive pleadings can be filed
matter.
After the pleadings of the conflicting claimants have been filed,
Beltran v. People’s Homesite: and pre-trial has been conducted, the court shall proceed to
determine the rights of the claimants
Purpose of Interpleader: A person who has property in his FEES Docket/lawful fess shall be paid by the party who filed the
possession or has an obligation to render wholly or partially, complaint
without claiming a right in both, comes to court and asks that
the defendants (who have made upon him conflicting claims
upon the same property or who consider themselves entitled
to demand compliance with the obligation) be required to
litigate among themselves in order to determine who is
entitled to the property or payment of an obligation.
Rule 63: Declaratory Relief and Similar Remedies not terminate the controversy which gave rise to the action
OR in any case where the declaration or construction is NOT
WHO MAY FILE A Any person interested under the following may bring an action necessary and proper under the circumstances
PETITION FOR in the appropriate Regional Trial Court (RTC has EXCLUSIVE WHEN CONVERTED If before the termination of the case for declaratory relief
DECLARATORY jurisdiction) to determine any question of construction or INTO AN ORDINARY (during pendency), a breach or violation of an instrument or
RELIEF? validity of AND for a declaration of rights and duties under ACTION statute, eo or regulation, ordinance should take place, the
action may be converted into an ordinary action and the
DISCRETIONARY [for court to take cognizance] parties shall be allowed to file such pleadings as may be
1. A deed (private docs) necessary or proper
2. A Will (private docs)
3. A Contract/written instrument (private docs) *Note: Can’t nullify laws, contracts, etc.
4. A statute, EO or regulation, ordinance or any other
government regulation (public issuances)
An action for the following may also brought under this rule:
Requisites:
Rule 64: Review of Judgments and Final Orders or Resolutions of the 2. Questions raised are too unsubstantial to warrant
COMELEC and the COA further proceedings
EFFECT OF FILING The filing of the petition for certiorari shall not stay the
WHAT IS THE Certiorari under Rule 65 to the Supreme Court execution of the j, fo or r sought to be reviewed UNLESS the
REMEDY WITH SC deems otherwise
REGARD TO Garces v. CA: SC can only take cognizance of COMELEC/COA
JUDGMENTS, FINAL Judgments, Final orders or Resolutions only when the
ORDERS OR COMELEC/COA makes the j, fo or r in the exercise of its
RESOLUTIONS OF adjudicatory or quasi-judicial powers.
THE COMELEC
AND COA? In this case, the question brought forth under rule 65 to the
SC involved an administrative controversy. COMELEC’s
decisions, to be able to be brought to the SC, must be in the
exercise of its quasi-juidical functions (like an election dispute)
CONCERNING MRS When COMELEC division renders a decision in the exercise of
its quasi-judicial or adjudicatory power, an MR must be made
first.
Order of Remedy:
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Unless otherwise specifically directed by the court where EX: When in the exercise of discretionary duty, there is GADLEJ. In the
the petition is pending, the public respondents shall not First Philippine Holdings Case, although the motion for intervention is
appear in or file an answer or comment to the petition or discretionary on the court, its denial was tainted with GADLEJ as movant
any pleading therein. was able to prove its interest in the SM of the litigation and the court still
denied the motion for intervention. Intervention was allowed by the SC.
If the case is elevated to a higher court by either party,
the public respondents shall be included therein as In Holy Spirit, what ordinary action should you file to assail the constitutionality of
nominal parties. However, they shall only appear in the an IRR?
proceedings if directed by the court
Where filed? 1. If the petition relates to an act or omission of a MTC
or of a corporation, board, officer: RTC exercising
jurisdiction over the territorial area (or also CA or
Sandiganbayan, w/n it is in the aid of the court’s appellate
jurisdiction)
2. If petition involves act or omission of a quasi-
judicial agency: CA
3. If election cases involving an act or omission of a
MTC/RTC: COMELEC in aid of its appellate jurisdiction
4. Remember, however, that Rule 56 provides that the SC
also has original jurisdiction over petitions for mandamus,
prohibition and certiorari. Depends on the situation.
Cases:
UCBP entered into a contract to sell a piece of land with Sharp. It would be
converted into a deed of absolute sale upon payment of 3M. However,
before Sharp even acquired the land, Sharp offered to sell it to the
Government for 65M. The administrative agency involved approved the
sale. A deed of sale was entered into by the President of Sharp and the
Secretary of Agarian Reform. All that was left was for the LBP President to
sign the deed of sale, the bank being the one to release the public funds to
acquire the property.
The President of LBP did not want to sign the deed of sale. The Secretary
even sent a team to reassess the land. Sharp filed a petition for mandamus
to order LBP President to sign.
SC held that this was a discretionary function on the part of the LBP
President since it was up to him to approve the compensation to be paid to
Sharp.
Also, SC held that the action for mandamus cannot lie if what is sought to
be enforced is alleged contractual obligations under a disputed contract ---
disputed not only on the ground that it had failed to reach perfection, but
on the ground that it was illegal and against public interest.
Rule 66: Quo Warranto of the usurpation OR have respondent held in contempt.
VENUE If SOLGEN commences:
What is quo A writ requiring the person to whom it is directed to show what 1. RTC manila
warranto authority they have for exercising some right or power (or 2. CA
"franchise‖) they claim to hold. 3. SC
Against whom An action for usurpation of a public office, position or franchise
can quo may be commenced by a verified petition brought in the name If someone other than solgen like individual or public prosecutor
warranto be of the Republic of the Philippines AGAINST: 1. RTC exercising jurisdiction over the territory where
filed respondent resides
1. A person who usurps, intrudes into, or unlawfully 2. CA
holds or exercises a public office, position or 3. SC
franchise Period for When against a public officer or employee
2. A public officer who does or suffers an act which, by filing it must be commenced within 1 year after the cause of
law, constitutes a ground for the forfeiture of his office such ouster (of petitioner or the person the respondent
3. An association which acts as a corporation within the ousted)
Philippines without being legally incorporated or without commenced within 1 year after the right of the
lawful authority to act (SEC now has jurisdiction over petitioner to hold such office or position arose
this) When action for damages against respondent
within 1 year after entry of judgment establishing
WHEN MUST SOLGEN/Public Prosecutor FILE THE CASE? petitioner’s right to the office
1. When directed by the President
2. Upon complaint when he has good reasons to believe EXC: When the delay to file action was caused by the State
that any case specified above (1-3) can be established itself.
by proof. Inapplicable Rules of court does not apply to quo warranto cases against
3. By himself when he has good reasons to believe that to intra- persons who usurp an office in a PRIVATE corporation. RA 8799
any case specified above (1-3) can be established by corporate is the governing law for that action
proof. disputes
Rule 68: Foreclosure of REM within a period of NOT LESS THAN 90 days NOR MORE THAN 120
DAYS from entry of judgment and that in default of such
MODES OF REM: payment, the property will be sold in public auction.
FORECLOSURE
1. Judicial: Rule 68 Right of Redemption: The right of the mortgagor in case of
2. EJ: Act 3135 as amended by Act 4118 extrajudicial foreclosure to redeem the mortgage property
within a certain period (1 year) after it was sold for the
CM satisfaction of the mortgage debt so generally, it follows that
there is NO right of redemption in judicial foreclosure except
1. Judicial: Rule 68: Replevin under rule 60 may be when mortgagee is a bank.
availed of to secure possession of property before its
sale Equitable Right of Redemption: the right of the mortgagor in
2. EJ: Act 1508 case of judicial foreclosure to redeem the mortgaged property
COMPLAINT Complaint for foreclosure should set forth the details of the AFTER his default but BEFORE the confirmation of the sale
mortgage, description of mortgaged property, amount claimed to o NOTE: In this case however, after the confirmation,
be unpaid thereon, names of all who have/claim to have interest it can still be redeemed if the mortgagee was a
in the property et al bank
PARTIES Indispensable: RIGHT OF Requisites for valid redemption:
REDEMPTION IN 1. Redemption within 1 year from registration of sale
1. Mortgage debtor EJ 2. Payment of purchase price plus 1% int per month
2. Mortgagor or owner of the mortgaged property (IF the FORECLOSURE thereon if any, paid by purchaser
mortgagor is NOT the debtor/the executor of the 3. Written notice of redemption served on officer who
deceased mortgagor) made the sale
3. The executor/administrator of a deceased owner of the WRIT OF Upon finality of the order of confirmation or upon the
property mortgaged (with the approval of the court) POSSESSION expiration of the period of redemption allowed by law, the
4. The heir to whom the mortgaged property was purchaser or last redemptioner shall be entitled to possession of
adjudicated the property UNLESS a third party is actually holding the same
adversely to the judgment debtor. The said purchaser/last
What happens when the above are not joined? Not a ground for redemptioner may secure a writ of possession, upon motion,
dismissal. Court will order plaintiff to implead them. If he from the court that ordered the foreclosure.
doesn’t, then the action will be dismissed.
HOWEVER, if mortgagee is a bank, purchaser may enter upon
Necessary: All persons having/claiming an interest in the and take possession of property immediately after confirmation
property subordinate in right to that of the holder of mortgage of the sale
1. Junior (second) mortgagees Petition for writ of possession is not a new action. It is
2. Subsequent attaching creditor only incidental. It’s a mere motion. It is ministerial, ex-
3. Purchaser of mortgaged property parte and non-litigous. There is no need for notice to
adverse party.
What happens when necessary party is not joined? Foreclosure is A bond is required to be filed for it be issued when it is
ineffective as against them and they retain the equity of within the 1 year period of redemption (EJ
redemption in their favor. A separate /independent foreclosure FORECLOSURE)
proceeding is required APPEALABLE 1. Judgment on foreclosure (Sec 2)
WHAT IS THE It’s basically the period that the mortgagee has to pay his debt. ORDERS 2. Order of confirmation of sale (Sec 3)
EQUITY OF 3. Deficiency judgment
REDEMPTION? Sec 2 provides that: If upon the trial in such action, the court
finds the facts set forth in the complaint to be true, it shall NOTICE OF APPEAL
ascertain the amount due to the plaintiff upon the mortgage debt
and shall render judgment for the sum so found due and ORDER
THAT the same be paid to the court or to the judgment creditor
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Cases:
1. Banco Filipino v CA: Filing of court action to enforce redemption has effect of
preserving redemptioner’s rights and freezing expiration of one year period to
redeem (EJ FORECLOSURE)
2. De Vera v. Agloro: Under law on EJ Foreclosure, if mortgagor fails to redeem
within 1 year period, the buyer in the public auction may file a motion for the
issuance of a writ of possession. On the strength of the sheriff’s certificate of
sale, the she sheriff is duty-bound to place the buyer at the public auction in
actual possession of the foreclosed property after the consolidation of title in
the buyer’s name. for failure of the mortgagor to redeem
3. PNB v. Sanao: The judge to whom an application for writ of possession is filed
need not look into the validity of the mortgage or the manner of its foreclosure.
In the issuance of a writ of possession, no discretion is left to the TC. Any
question regarding the cancellation of the writ in respect to the
validity/regularity of the foreclosure sale OR the mortgage should be
determined in a subsequent proceeding
4. REMEMBER, after the consolidation of title in the buyer’s name for failure of the
mortgagor to redeem, the writ of possession becomes a matter of right.
Mandamus will lie.
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Rule 70: Forcible entry and Unlawful Detainer demand except: RACAZA v. GOZUM (see below)
after demand to pay/comply with conditions of the lease
There are 3 different actions to recover possession of REAL and to vacate is made upon the lessee OR
property serving written notice of such demand upon the person
FORCIBLE To be discussed more in detail below. found on the premises OR
ENTRY AND if no person is found, by posting such notice on the
UNLAWFUL In a nutshell, it is an ejectment proceeding which is a summary premises
DETAINER: action for recovery of physical possession where the Lessee must fail to comply after 15 days in the case of land and 5
POSSESSION dispossession has not lasted more than year days in case of buildings (for lessor to be able to commence
ONLY action)
Forcible entry: Prior possession is required (demand also JURISDICTION 1. When filing an action for FEUD, go to MTC/MetC/MTCC
required) OF COURTS always holds true regardless of value of property
Unlawful detainer: Prior possession NOT required (demand not a. Exception: Laches: Where the FEUD suit was filed
necessary all the time: when contract expires, etc) in the RTC but the defendant did not move to
dismiss the complaint for lack of jurisdiction and
Rules on summary procedure apply to FEUD no need for trial, instead filed his answer and went to trial, estoppel
testimony, periods are different answer: 10 days ONLY by laches set in.
ACCION It is the plenary action for the recovery of the real right of 2. When filing an action for accion publiciana, look at the
PUBLICIANA: possession, which should be brought in the proper court (as the value of the property first
REAL RIGHT case may be) when the dispossession has lasted for more than a. If not exceeding 20k/50k as the case may be, go to
OF one year MTC/MeTC/MTCC
POSSESSION b. If exceeds 20k/50k as the case may be, go to RTC
It is the proper remedy where WHAT MUST BE Complaint must aver facts constitutive of FEUD
the cause of dispossession is not among the grounds for AVERRED
FEUD (F-I-S-T-S) This is important as these allegations confer jurisdiction on the
when dispossession has lasted for more than one year court. If the allegations don’t show facts constitutive of feud, the
proper RTC may be the right court.
It is an ordinary civil proceeding to determine the better right of
possession independently of title. However, as held in Hilario v. CA, a complaint for unlawful
ACCION It is an action for the recovery of ownership detainer is sufficient if it contains the allegation that the
REIVINDICATOR withholding of possession or refusal to vacate is unlawful, without
IA: necessarily using the words of the law (example: ―Plaintiff
OWNERSHIP verbally asked defendants to remove their houses on the lot of
(INCLUDES the former but the latter refused and still refuse to do so without
POSSESSION) just and lawful grounds‖ SUFFICIENT for unlawful detainer)
WHO MAY 1. FORCIBLE ENTRY: A person deprived of any land or building EFFECT OF Hilario v. CA
INSTITUTE AN (real property) by force, intimidation, strategy, threat or CLAIM OF
ACTION FOR stealth OWNERSHIP ON At present, all FEUD cases have to be tried pursuant to the
FEUD 2. UNLAWFUL DETAINER: (lawful at start, then it became MTC revised rule of summary procedure regardless of whether or
unlawful) Lessor, vendor, vendee or other person against JURISDICTION not the issue of ownership is alleged by a party
whom the possession of any land or building is unlawfully Lower courts (MTC,METC,MCTC,MTCC) retain jurisdiction
withheld after the expiration or termination of the right to over ejectment cases even if the question of possession
hold possession, by virtue of any contract, express or implied cannot be resolved without passing upon the issue ownership
a. OR the legal representatives or assigns of any such o The lower courts however, can only pass upon the
lessor, vendor, vendee issue as to ownership for the sole purpose of
determining possession
BUT: o Hence, an adjudication made therein by the inferior
court should be regarded as merely provisional in
Unless stipulated, an action for FEUD by the lessor may be nature IT DOES NOT BAR AN ACTION BETWEEN
commenced only (one will suffice) count period from last THE SAME PARTIES INVOLVING TITLE/OWNERSHIP
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Cross-claims and compulsory counterclaims not asserted in actions to recover possession of real property. Moreover, the MTC exercises
the answer are barred jurisdiction over all cases of forcible entry and unlawful detainer
The answer to counterclaims or cross-claims shall be served
and filed within 10 days from service
Difference of Labastida and Racaza (they were both lease contracts but the
grounds for ejectment in Racaza and Labastida were different)
====================================================
Labastida: contract of lease did not expire yet, but there was a violation of the
terms and conditions of the lease (in this case, defendant is the lessee)
exceptional situation
Quinagoran v. CA: Now as it stands, the RTC doesn’t ALWAYS have jurisdiction
over cases of accion publiciana. You must still look at the relevant amount.
Hence, if the assessed value of the real property involved does not exceed P50k in
Metro Manila, and P20k outside of Metro Manila, the MTC exercises jurisdiction over
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Rule 41: Appeal from RTC Rule 42: Petition for review Rule 43: Appeal from QJ to Rule 45: Appeal by certiorari
from RTC to CA CA to SC
Grounds Nothing. Just file notice of Questions of fact, law or mixed Questions of fact, law or mixed Questions of law only
appeal/record on appeal
Review discretionary on SC.
Period (from NOTICE 15 days – notice 15 days 15 days 15 days
of judgment, award, 30 days - record
order)
Extension to file RoC does not provide 2 extensions 15 days each 2 extensions 15 days each One time extension of 30 days
(when it’s NOT from for justifiable reasons
MR/MNT but it’s from *Only one MR allowed
the decision itself)
Fresh period rule [of Yes. But non-extendible Yes. Extendible by 15 more days Yes. Extendible by 15 more Yes. Extendible by 15 more
15 days] (when days days
MR/MNT denied)
PPQ? (denial motu No (you’re just filing notice/record Yes Yes Yes
proprio) anyway)
Effect of appeal on Will stay GR: Will stay Will not stay. Depends on SC.
judgment EX: Cases decided under
summary proceedings Remedy to stay: TRO
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Aggrieved by final judgment or A filed a case for unlawful detainer against B. B lost. Rule 40 (MTC-RTC)
order of MTC
Aggrieved by RTC final j/o in its Upon B’s appeal to the RTC of his unlawful detainer case. Rule 42 (RTC – CA)
appellate jurisdiction He still lost.
Aggrieved by RTC final j/o in its A filed a case for specific performance with damages Rule 37 (MR/MNT if grounds present)
original jurisdiction against B. B lost. Rule 41(RTC-CA)
Aggrieved by denial of MR by RTC A filed a case for specific performance against B in RTC. B Rule 41 (RTC – CA)
lost. B filed an MR/MNT. Court denied.
Note: Can’t file Rule 65. Must appeal the judgment itself
(the one that held that B lost and must do specific
performance)
Aggrieved by denial of MR/MNT by A filed a case for specific performance against B. B, Rule 65 (certiorari either in CA/SC)
RTC when the subject of denial is instead of filing answer, filed a Motion to Dismiss. It was
interlocutory denied so B filed an MR as against the denial of the motion Note: Why? Because the order denying the MTD is merely
to dismiss. RTC still denied it. an interlocutory order. The subject of the MR is
interlocutory.
Aggrieved by the following: Rule 65 certiorari to RTC/CA/SC as the case may be.
Aggrieved by j/fo of a QJ agency A was relieved from his post in an administrative agency. Rule 42 (QJ – CA)
He appealed to the CSC. CSC denied.
Aggrieved by j/fo under Labor A was fired from his job. He argues that it was illegal Rule 65 (certiorari) to CA
Code (NLRC, Sec of Labor, dismissal. He goes to the NLRC. He lost.
Director of Bureau of labor
Relations)
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Aggrieved by DOJ Secretary Criminal charges were filed against A. Prosecutor found Rule 65 (certiorari) to the CA
decision in petition for review of probable cause. A went to the DOJ Sec. DOJ Sec affirmed
prosecutor’s resolution prosecutor’s findings.
PO aggrieved by OMB decision in OMB suspended Mayor X. Rule 43 (QJ-CA)
Administrative Cases
PO aggrieved by OMB finding OMB found probable cause to file information against Rule 65 (certiorari) to the SC
probable cause to file information Mayor Y for violation of RA 3019.
against him
Aggrieved by RTC, CA, SB and Rule 45 (appeal by certiorari to SC)
CTA decision and question of law
is involved
Aggrieved by RTC or MTC final and Rule 38 (petition for relief from judgment in MTC/RTC as
executory judgment/order OR the case may be)
appeal was lost (judgment OR loss
of appeal was due to FAME)
Aggrieved by RTC/MTC final order Rule 47 (petition for annulment of judgments or final
and MNT/Appeal/Petition for relief orders and resolutions)
and other remedies are not
anymore available
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Civpro tips: A obtained a loan from Bank X, secured by a mortgage. He failed to pay so
the bank foreclosed. A failed to redeem thus title was issued under the
What are the provisional remedies and which ones can be issued ex-parte? bank’s name. The court issued a writ of possession in favor of the bank. A
filed a complaint for annulment of the foreclosure with a prayer for
1. Rule 57: Preliminary attachment: can be issued ex-parte injunction.
2. Rule 58: Preliminary injunction: can be issued ex-parte
3. Rule 59: Receivership: can’t be issued ex-parte Will injunction lie? What is the effect of the action on the writ of
4. Rule 60: Replevin: can be issued ex-parte possession?
5. Rule 61: Support pendente lite: can’t be issued ex-parte
No. Injunction will not lie. The court, in this case, is not doing something probably in
Basically, 57, 58 and 60. the violation of A’s rights as PNB was already entitled to possession of the property
as a matter of right. Further, A’s action has no effect on the writ of possession. As
Distinguish between levy and garnishment held in PNB v. Sanao, the judge to whom an application for writ of possesson is
filed need not look into the validity of the mortgage or the manner of its foreclosure.
Levy Garnishment No discretion is left to the TC in the issuance of a writ of possession. After the
The act whereby a sheriff sets apart or Species of attachment for reaching consolidation of title in the buyer’s name for the failure of the mortgagor to redeem,
appropriates for satisfying the command credits belonging to the judgment writ of possession becomes a matter of right. It is enforceable by mandamus.
of a motion of execution, a part of the debtor and owing to him from a stranger
whole of the judgment debtor’s to the litigation. It is an attachment by B, a student, filed an action for declaratory relief against her school to
property means of which the plaintiff seeks to determine whether she deserves to graduate with honors. Is this action
subject to his claim property in the tenable?
hands of a third person or money owed
by such third person or garnishee to the No. A petition for declaratory relief is an action which any person interested under a
defendant. deed, will, contract, or other written instrument, whose rights are affected by
statute, executive order or regulation, or ordinance, may, before breach or violation
Discuss the rules on issuance of TRO by the MTC, RTC, CA and SC as to thereof, bring to determine any question of construction or validity arising from the
periods and places of effectivity. instrument or statute and for a declaration of his rights or duties thereunder.
MTC RTC CA SC No. There is no justiciable controversy that is ripe for judicial determination. A
Effectivity Within Within territorial Binding to Binding to justiciable controversy is defined as adefinite and concrete dispute touching on the
territorial jurisdiction of said parties parties legal relations of parties having adverse legal interest which may be resolved by a
jurisdiction court anywhere in anywhere in court of law through the application of a law.
of said court the the
Philippines Philippines
Duration 20 day TRO 20 days [great or 60 day Effective The requisites for a petition for declaratory relief as held in jurisdprudence area as
irreparable injury] duration until further follows:
orders
OR 1. Existence of justiciable controversy
2. The controversy is between persons whose interests are adverse
72 hour in multi- 3. That the party seeking relief has a legal interest in the controversy
sala court [extreme 4. The issue involved is ripe for judicial determination
urgenc grave
injustice/irreparable
injury]
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
C obtained a loan from D. C defaulted in payment and refused to comply G is a lessee of a building owned by L paying a rental of 100k a month. L
with D’s demand. D filed a collection case, especially after learning that C died and since then, G has not paid rents amounting to 1M, because 2 heirs
was planning to go abroad and was selling her properties. What can D pray of L are claiming both rental payments. What action should G take, before
for in the complaint? Aside from the amount of the loan, can D ask for what court and against whom in order to protect his interest?
damages?
G should file an action for interpleader against the two heirs in the RTC (the court is
D can ask for a preliminary attachment. As provided in Rule 57 Sec 1, a plaintiff or dependent on the amount for it is an action that involves the title to or possession
any proper party may have the property of an adverse party attached as security of real property or any interest therein) A complaint for interpleader is proper
for the satisfaction of any judgment in an action for the recovery of a specified whenever conflicting claims upon the same subject matter are made against a
amount of money or damages, other than moral and exemplary, on a cause of person who claims no interest whatever in the SM or an interest which in whole or
action arising from contract against a party who is about to depart from the in part is not disputed by the claimants. He may bring an action against the
Philippines with intent to defraud his creditors. Therefore, D can ask for preliminary conflicting claimants to compel them to interplead and litigate their several claims
attachment but not moral or exemplary damage. among themselves. In this case, he can bring an action against the two heirs to
compel them to litigate their claims among themselves so that he will finally know
Give the two stages in the action for expropriation. How are both appealed? who he should pay the rents to.
As held in Municipality of Binan v. Garcia F obtained a loan from X to buy machines for her garment factory. F
executed a chattel mortgage over said machineries. However, F defaulted
There are two (2) stages in every action of expropriation. in the payment of the loan. X sought the delivery of the machines so that
FIRST: Determination of authority of plaintiff to expropriate. they can be sold at foreclosure sale but F refused, contending that it would
o Can end with either an order of expropriation or dismissal. Both result into a stoppage of business. What are X’s legal remedies?
are FINAL orders.
o REMEDY: record on appeal within 30 days from notice As held in the case of Northern Motors v. Herrera: Because of F’s default, X, as the
SECOND: Determination of just compensation for the property sought to creditor and chattel mortgagee, has two remedies
be taken. Done with assistance not more than 3 commissioners.
o This order is also FINAL. 1. Writ of Replevin: A party praying for the recovery of possession of personal
o REMEDY: record on appeal 30 days from notice property may, at the commencement of the action or at any time before
answer, apply for an order for the delivery of property to him upon showing in
F secured a judgment in a damage suit against D from the RTC. The an affidavit that the applicant is entitled to the possession thereof, that the
judgment was entered on January 1, 2007. It has not been executed. On adverse party is wrongfully detaining the property, that the property has not
April 15, 2007, F decided to enforce the judgment. beein distrained or taken for a tax assessment or a fine or seized under a writ
of execution or preliminary attachment or otherwise placed from custodial egis
How will F enforce the judgment? If F wanted to execute on April 3, 2006, and additionally, the market value of the property. Applicant must also give a
what should she do? bond. This is to secure possession as a preliminary to the sale contemplated in
the chattel mortgage law.
Rule 39 Sec 6 provides the following: 2. Effect judicial foreclosure of the mortgage
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
M filed an unlawful detainer case before MTC of Rizal against T for refusing to d) If T raises questions of ownership, what is its effect on MTC’s
vacate the leased premises after the expiration of the lease contract and for non- jurisdiction?
payment of rentals. As counterclaim, T claimed moral damages in the amount of
1M. None. As held in Hilario v. CA, all FEUD cases have to be tried pursuant to the
revised rule on summary procedure regardless of w/n the issue of ownership is
a) May MTC proceed to try the case including the claim for 1M? alleged by a party. The lower courts retain jurisdiction over FEUD cases even if the
question of possession cannot be resolved without passing upon the issue of
Yes. RoC provides that original exclusive jurisdiction over unlawful detainer cases. ownership. The lower courts however, can only pass upon the issue as to ownership
The claim for damages is only incidental to the principal case of unlawful detainer. for the sole purpose of determining possession. Hence, an adjudication made by the
However, as held in the case of Maceda v. CA, a counterclaim in the MeTC/MTC lower court is merely provisional in nature.
beyond its jurisdictional limit may be pleaded ONLY by way of defense, but not to
obtain affirmative relief F filed an ejectment case against G. G was ordered to vacate the property.
However, after leaving the property, G secretly re-entered the property and
b) In case T is adjudged to vacate the premises and to pay the accrued built a shanty thereon. What can F file against G? How must proceedings be
rentals in arrears, how can she stay the execution? commenced and where should the charge be filed?
The GR is that a judgment in a FEUD case is immediately executory. However, it can As provided in Rule 71, G’s acts fall squarely under the provisions on indirect
be stayed upon the execution of the following acts: contempt. Disobedience of or resistance to a lawful writ process order or judgment
1. T must perfect his appeal (to the RTC under rule 40) within the of the court by a person who, after being dispossessed or ejected from any real
reglementary period property by the judgment of any court of competent jurisdiction, enters such real
2. T must file a sufficient supersedeas bond, approved by the MTC and property for the purpose of executing acts of ownership or possession, or if a person
executed in favor of M to pay rents, damages, costs, etc who, in any manner, disturbs the possession given to the person adjudged to be
3. T must also make periodical deposit with the appellate court the entitled thereto is liable for indirect contempt. Hence, F can file indirect contempt
amount of rent due from time to time under the contract (if any) as charges against G.
determined from the MTC judgment
Proceedings for indirect contempt can be initiated motu proprio by the court against
Additionally, the case of Benedicto v. CA provides that preliminary injunction to be which the contempt was committed OR by a verified petition with supporting
granted to stay the immediate execution upon showing that there exists a right to particulars involving documents or papers required. It shall be filed with the RTC of
be protected and that the acts against which the writ is to be directed violate said the place where the lower court (MTC in this case) is sitting, but the charge may
right. also be filed in the lower court itself.
c) Distinguish forcible entry from unlawful detainer In case of sum of money filed by B against P, the RTC granted ex-parte B’s
prayer for issuance of writ of attachment. The writ was immediately
Forcible Entry Unlawful Detainer implemented by the sheriff. P filed a motion to discharge the writ on the
The plaintiff has prior possession and Defendant unlawfully withholds ground that it was issued or implemented without prior service of
he is deprived thereof by FISTS possession of the property after the summons. B opposed on the ground that the writ can be applied for and
expiration of his right thereto under any granted at the time of commencement of action or at any time thereafter,
contract, express or implied. and that, in any event, the summons eventually served cured whatever
irregularity that might have attended the enforcement of the writ.
No prior possession by plaintiff
required! Rule on the conflicting contentions.
No demand to vacate is required Demand to vacate is required
To count 1 year period of dispossession, To count 1 year period of dispossession, Davao Light v. CA
count from date of actual entry except from the date of last demand to vaate.
when there is stealth Writs of attachment may properly issue ex parte provided that the Court is
satisfied that the relevant requisites therefor have been fulfilled by the applicant,
although it may, in its discretion, require prior hearing on the application with notice
to the defendant; but that levy on property pursuant to the writ thus issued
may not be validly effected unless preceded, or contemporaneously
accompanied, by service on the defendant of summons, a copy of the
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
complaint (and of the appointment of guardian ad litem, if any), the application for an ordinary action for its nullification, an action which properly falls under the
attachment (if not incorporated in but submitted separately from the complaint), jurisdiction of the Regional Trial Court.
the order of attachment, and the plaintiff's attachment bond.
The ordinary action for nullification was not specified by the SC.
Therefore, no levy on attachment pursuant to a writ of attachment shall be enforced
UNLESS Difference of Rule 45 and Rule 65
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Civpro Reviewer [Justice de Leon]. Finals. by Butch Ramiro 2C
Hence, it will be quo warranto when there is usurpation/unlawful exercise of a public a. The witness is dead
office, position or franchise. In mandamus, the respondent doesn’t have to hold the b. The witness resides more than 100km from the place of trial or hearing
position and doesn’t have to claim title to it while in quo warranto, respondent must c. The witness is abroad UNLESS it appears that his absence was procured by the
be unlawfully holding/exercising it. party offering the deposition
d. The witness is unable to attend or testify because of age, sickness, infirmity
Rule 65 Sec 7: or imprisonment
e. That the party offering the deposition has been unable to procure the
The court in which the petition is filed may issue orders expediting the proceedings, attendance of the witness by subpoena
and it may also grant a TRO or a writ of preliminary injunction for the preservation f. Upon application and notice, in exceptional circumstances wherein the
of the rights of the parties pending such proceedings. testimony of the witness is important
The petition (for certiorari, mandamus or prohibition) shall not interrupt the course A bought a lot from B. By mistake, A built a house on the adjoining lot
of the principal case unless a TRO or injunction has been issued, enjoining the owned by C. C discovered the structure and she filed a case of forcible
public respondent from further proceeding with the case. entry against A. Will it prosper?
The public respondent (court/officer/agency) shall proceed with the principal case No. FISTS must be a ground for forcible entry. If mistake is the reason for the
within 10 days from the filing of a petition for certiorari absent a TRO/injunction. alleged wrongful intrusion, a case for forcible entry will not prosper.
Failure of the public respondent to proceed with the principal case may be a ground
for an administrative charge.
96