CIVIL PROCEDURE

LETS START AT THE VERY BEGINNING Angel of God, my Guardian dear To Whom His Love entrusts Me here Ever this day, be at my side To Light and Guide, to Rule and Guard Amen

DISCLAIMER: This is not authoritative since this is based solely on the lecture notes, hence the frequent ITs !"hat is this#$ %&TE: all &RD 'AMES are not for(al definitions but "ord for "ord transcri)tions of L*s (ind (a)s+ ,ence, these are )ractical definitions -ust to -u..le your (e(ory accordin. to SIr*s (ental outline GILLIAN, IN A DIFFERENT VOICE. Jake Rule !ased on "rin#i$le !ased Resolution% A$$ly the la&, and make allo&an#es for mistakes in the la&% 'ituation does not #reate the rule% Amy Relational ( )onsensual ( "ro#essional !ased Resolution )AL*+,R-*A +E.ERAL 'A/*-G' A-. L,A- /% G0ERRA% *ssue Re 1234 )alifornia legislation re 'tate mandated em$loyee benefits but not for other tem$orary disabilities% 'ingle mother lost her 5ob as a re#e$tionist after her maternity leave, and as a result of her unem$loyment, lost #ustody of her daughter% Mother filed #ase to enfor#e maternity benefits em$loyer #hallenged statute as in#onsistent &ith +ederal "regnan#y .is#rimination A#t 6".A7 &hi#h treats $regnan#y as similar &ith other tem$orary disabilities for em$loyment $ur$oses% ACLU BRIEF. Elimination of $regnan#y8based distin#tions valid re em$loyment $ur$oses sin#e $rote#tionist la&s tend to $romote stereoty$e of female #hildbearers and #aregivers, and deter em$loyers from hiring them or $utting them in more res$onsible $ositions9 they make &omen a$$ear as more e:$ensive, less reliable em$loyees% !y making $regnan#y #om$arable to other tem$orary $hysi#al #onditions, )ongress dire#ts attention a&ay from debilitating stereoty$es and fo#us attention on &orkers; need for disability leave itself% !enefits should be $rovided on a gender8neutral basis% ),AL*T*,- +,R RE"R,.0)T*/E E<0AL*T= !R*E+% Though leave $oli#ies that are gender8neutral may affe#t the em$loyment interests of both se:es, su#h $oli#ies $la#e an additional burden on females &ith the fundamental non8em$loyment right of $ro#reative #hoi#e% The la& in >uestion redu#es the dis#riminatory im$a#t of inade>uate leave $oli#ies on &omen;s $ro#reative rights, &hile #onferring no s$e#ial benefit on any grou$ of em$loyees, and im$osing no s$e#ial burden on others% There is no in#onsisten#y bet&een the federal la&;s goal of removing artifi#ial barriers to e>ual em$loyment o$$ortunity bet&een the se:es, and the )alifornia statute;s effe#t of e>uali?ing male and female em$loyees; ability to e:er#ise $ro#reative #hoi#e &(o 5eo$ardi?ing their 5obs% ME-@EL% ",RT*A *- A .*++ERE-T /,*)E% Re Gillian;s observations about M(+ differen#es in moral reasoning re stru#ture of legal system, $ra#ti#e of la&, #reation of la&s, legal reasoning and la& as $art of the de#ision8making $ro#ess9 A >uestions 1% Ho& has the e:#lusion, or at least the devaluation of &omen;s voi#es affe#ted the #hoi#es made in the values underlying our #urrent legal stru#turesB 6/alue system7 A% *s there another set of values &ithin e:isting legal stru#turesB 0sually, tenden#y for one set of #hara#teristi#s to mitigate the e:#esses of the other, therefore the harshness of la& $rodu#ed the fle:ibility of e>uity, and the abuse of fle:ibility gave rise to rules of la& to limit dis#retion% 'till, the tenden#y for male8dominated or male8#reated forms and values to #ontrol%

RULE 1
Purpose of Rules
Alo !o ". V#ll$%or, 1C "hil D1E, DA18DAA F$&'s .efendant members of the Muni#i$al !oard took over #ertain #hur#h F $ersonal $ro$erties on the ground that the buildings &ere ere#ted on the land o&ned by the muni#i$ality F therefore the muni#i$ality #an administer F #olle#t the revenues% The )+* granted re#overy of the $ro$erties% ,ne of the arguments $osed by the defendants &as that +r% Alonso, the $arish $riest, &as not the real $arty8in8interest but rather the !isho$ of the dio#ese% Hel( The $ro$erty in >uestion at the time it &as taken &as )hur#h $ro$erty% *t is undoubted that the !isho$ is the real $arty% !ut by )ode of )ivil "ro#edure G1H, #ts% are authori?ed F dire#ted to allo& a $arty to amend any $leading or $ro#eeding at any stage of the a#tion, in furtheran#e of 5usti#e% G EHD $rohibits the reversal of any 5udgment on merely formal or te#hni#al grounds or for su#h error as has not $re5udi#ed the rights of the e:#e$ting $arty, The error in )A! is $urely te#hni#al% The $laintiff has asserted all throughout that he is $rose#uting the #ase not for himself but for the !isho$% 'ubstantially, no one is de#eived% 'ubstitution is not substantial but formal F mere defe#t in form #annot $ossibly $re5udi#e so long as the substantial is #learly evident% AL,-I, / /*LLAM,R% mis5oinder(non85oinder of $arties not ground for dismissal% Must allege la#k of #ause of a#tion Amendment allo&ed for matters of form9 therefore, if $arties a#>uies#e during trial, there may be no need for formal lesson% Lesson in AL,-I, *f rules are #lear, a$$ly9 if there is ambiguity, #onstrEu#t so that there is 5usti#e for all

)ur#s(#&'#o
!" !lg% 1A4 RA -o% 3C21 RA -o% 4DC2

)$"#er ". CA, *+, SCRA -.* /+00*1

F$&'s Javier filed a #ase vs% Jebsens Maritime, *n#% in RT) Makati to avail of death benefits &hen her husband dro&ned off the #oast of '$ain% JM*;s ne& #ounsel instead of #ontinuing the trial filed a Motion to .ismiss 6MT.7 on the ground that it is the ",EA that has 5urisdi#tion% RT) denied% JM* failed to a$$ear at the hearing F RT) de#lared them as having &aived right to #ross8e:amine% Motion for Re#onsideration &as denied% JM* su##essfully a$$ealed to )A% Javier;s M+R &as denied% Hel( E, AJ3 GD 6d7 $rovides that the ",EA shall have e:#lusive F original 5urisdi#tion to hear F de#ide all #laims arising out of an EE8ER relation or by virtue of any la& or #ontra#t involving +ili$ino &orkers for overseas em$loyment% Javier;s; #ontention that JM* is esto$$ed fr% assailing the 5urisdi#tion of the RT) #onsidering that the latter had a#tively $arti#i$ated in the $ro#eedings before said #t% is unavailing sin#e JM* had raised the >uestion of 5urisdi#tion in the RT)% The do#trine of esto$$el #annot be $ro$erly invoked by Javier des$ite the $arti#i$ation of JM* at the initial stages of the trial $ro#eedings as the issue of 5urisdi#tion may be raised at any time F at any stage of the a#tion% JA/*ER / )A% .o#trine of "rimary Administrative Jurisdi#tion file original and e:#lusive 5urisdi#tion of administrative tribunal, even if $ossible to lead 5urisdi#tion in both% E:haustion of administrative remedies is to give a #han#e for administrative fun#tions to &ork%

S$ 'os ". N2, *+3 SCRA *-4 /+00*1

F$&'s 'antos &as bum$ed off his flight ba#k to the 0'A des$ite #onfirmation% He sued in the Makati RT) for damages% -W,A filed a MT. for on the ground of la#k of 5urisdi#tion #iting the Warsa& )onvention Art% A4617 &(# states that the #om$laint #ould be instituted only in the territory of one of the High )ontra#ting "arties, before 617 the #t% of the domi#ile of the #arrier9 6A7 the #t% of the $rin#i$al $la#e of business9 6D7 the #t% &here it has a $la#e of business thru &(# the #ontra#t had been made9 F 6J7 the #t% of the $la#e of destination% The suit &as not filed in any of these $la#es%

Hel(5 The Warsa& )onvention a$$lies to all international trans$ortation #ases% A number of reasons tends to su$$ort the #hara#teri?ation of Art% A4 617 as a 5urisdi#tion F not a venue $rovision% +irst, the &ording of Art% DA, &(# indi#ate the $la#es &here the a#tin for damages must be brought unders#ores the mandatory nature of Art% A4 617% 'e#ond, this #hara#teri?ation is #onsistent &it one of the ob5e#tives of the )onvention &(# is to regulate in a uniform manner the #ondition of international trans$ortation by air% Third, the )onvention does not #ontain any $rovision $res#ribing rules on 5urisdi#tion other than Art% A4 617 &(# means that the $hrase Krules of 5urisdi#tionL used in Art% DA must refer only to Art% A4 617% *n fa#t, the last senten#e of Art% DA s$e#ifi#ally deals &( the e:#lusive enumeration in Art% A4 617 as 5urisdi#tions &(# as su#h #annot be left to the &ill of the $arties regardless of the time &hen the damage o##urred% The )onstitutional right on free a##ess to #ts% refers to #ts% &( 5urisdi#tion over the suit% The $la#e of destination as determined by the #ontra#t is the ultimate destination &(# is 'an +ran#is#o, not Manila% .omi#ile is &here -W,A is in#or$orated% *m$ortant is the distin#tion bet&een the #ountry &here the $rin#i$al $la#e of business is lo#ated F the #ountry in &(# it has a $la#e of business thru &(# the $arti#ular #ontra#t in >uestion &as made% SANTOS V NORTH2EST. Jurisdi#tion% A meanings a7 $la#e of filing and b7 level of #ourt% )an;t be #hanged, set by la&% /enue% "la#e of filing% )an be #hanged by #onsent of $arties sub5e#t to $ertinent rules% *n the #ase at bar, the sour#e of la& is treaty, not #ontra#t% Therefore, 5urisdi#tion set by la&% /enue $res#ribed by $ro#ess or Rules of )ourt 6&hat does this meanB7 The differen#e bet&een 5urisdi#tion and venue% Look at a7 #onse>uen#e and b7 sour#e of la&

Lope! ". N2, **6 SCRA ,40

F$&'s Lo$e? &as bum$ed off her flight to -e& =ork by -orth&est% 'he filed a #om$laint for brea#h of #ontra#t of #arriage &( damages, alleging bad faith on the $art of the airline% -W filed MT. on the ground that the RT) had no 5urisdi#tion under the Warsa& )onvention% RT) F )A denied Art% A4 617 $res#ribes venue for a#tions under Arts% 13812 F does not #over #arrier;s bad faith in absolutely refusing to #om$ly &( #ontra#t of #arriage9 off8loading, F bum$ing off is not #overed under the Warsa& )onvention% A$$eal in the ') failed% After trial on the merits, RT) dire#ted $arties to submit their res$e#tive memoranda for de#ision DH days F it e:$ired +eb% 1J, 122A% ,n July, -W filed MT. after ') ruling on Santos vs+ % % RT) granted% Hel( RT) had 5urisdi#tion% *t is not #lear &hether the #om$laint #ontains the allegation &(# may fall &(in Art% A4 617% What is #lear is that -W did not ob5e#t to RT);s order to submit eviden#e F de#lare #ase submitted for de#ision $ursuant to 1243 )onsti, Art% 4, 'e#% 1E, -os% 1 F A% T) had 2H days fr% +eb% 1E to de#ide &(# &as the only thing left for it to do% != virtue of the ');s resolution, RT) had )ri(a facie 5urisdi#tion% *t &as also not established that the fa#ts in Santos &ere substantially the same% !esides, $osterior #hanges in ') do#trines #annot be retroa#tively a$$lied to nullify a $rior ') ruling% Jurisdi#tion #ontinues until termination% While 5urisdi#tion over sub5e#t matter may be raised at any time, $arty may be barred on ground of la#hes(esto$$el%

Bul$o ". CA, *+7 SCRA 6*+ /+00*1

F$&'s 'antiago !elle?a sued Honorio !ulao for damages in MuT) for having built a dam on an irrigation #anal, #ausing the &aterflo& to divert to !elle?a;s land, resulting into #ro$ damage% !ulao filed a MT. on the ground that RT) had 5urisdi#tion 8 denied% He then argued that it &as the -ational Water Resour#es )oun#il that had 5urisdi#tion 8 denied% MuT) de#lared !ulao in default F ruled for !elle?a% !ulao a$$ealed to the RT) 8denied% Hel(5 MuT) had 5urisdi#tion% !ut to resolve this, determine first the nature of the a#tion% This #an be as#ertained fr% the ultimate fa#ts averred in the #om$laint #onstituting the ),A% Allegations in the #om$laint determine the nature of the a#tion F #onse>uently the 5urisdi#tion of the #ts%% *t is #lear fr% a reading of the #om$laint that it is an a#tion for damages $redi#ated on >uasi8deli#t Although the title of the #om$laint 6K.amagesL7 is not ne#essarily determinative of the nature of the a#tion, it &ould nevertheless indi#ate that &hat &as #ontem$lated &as an a#tion for damages% Allegations of the fa#ts set forth in the #om$laint F not the $rayer for relief determine the nature of the a#tion% !0LA, / )A% The &onderful thing about the servient;s estate;s #om$laint &as the allegation that the dominant estate Kmali#iously $ut a damL and this $hrase $la#ed it &ithin the #ourt;s 5urisdi#tion% To $la#e the #ase &ithin the -ational Water Resour#es )oun#il 6-WR)7;s 5urisdi#tion, allege that dominant estate set u$ dam &ithout a $ermit in violation of ". 1HC3 and took #ontrol of the &ater, in effe#t a$$ro$riated &ater illegally% -ame game Jurisdi#tion is $res#ribed by la& and a#>uired by #ourt%

T#8$% ". S#9o :;$ o<, *6 SCRA

F$&'s The Ti5ams filed a #ivil #ase against the 'ibonghanoys for re#overy of "1,2HH M interest% The 'ibonghanoys filed an ans&er &( #ounter#laim, to &(# the Ti5ams filed a re$ly% The )+* )ebu ruled in the

Ti5am;s favor% A &rit of e:e#ution &as returned unsatisfied so the Ti5ams filed a motion for e:e#ution against the Manila 'urety F +idelity )o%, &(# &as denied due to la#k of demand% A demand later made &as unsatisfied, so the #t%, u$on motion, issued a &rit of e:e#ution% A$$eal &( the )A failed% M+R filed, alleging that the )+* had no 5urisdi#tion be#% 1 month before the #ase &as filed, RA 2AC, or the Judi#ial Reorgani?ation A#t of 12J4, took effe#t, 'e#% 44 of &(# $la#es original F e:#lusive 5urisdi#tion in inferior #ts% over all #ivil a#tions &here the value of the sub5e#t matter is "AT% )A set aside de#ision by #ertifying the #ase to the '), &(# has e:#lusive a$$ellate 5urisdi#tion over all #ases in &(# the 5urisdi#tion of inferior #ts% is at issue% Hel(5 Although ob5e#tions to 5urisdi#tion may be raised at any stage of the $ro#eedings, in the )A!, it took almost 1E years before the 'urety filed its MT. 612CD7, raising la#k of 5urisdi#tion for the first time% *t is no& barred by la#hes% +rom the time it be#ame a >uasi8$arty u$on filing of a #ounter bond in 12J4, it #ould have raised the ob5e#tion% *nstead, at several stages of the a#tion, it invoked the 5urisdi#tion of said #ts% to obtain an affirmative relief% *t &as only &hen the )A ruled adversely that it finally raised the >uestion of 5urisdi#tion% ') fro&ns u$on the undesirable $ra#ti#e of a $arty submitting his #ase for de#ision F then a##e$ting the 5udgment only if it is favorable F atta#king it for la#k of 5urisdi#tion &hen adverse% T*JAM / '*!,-GHA-,=% The trial #ourt, after 1E years, #an a#t motu $ro$rio and dismiss the #ase for la#k of 5urisdi#tion% Esto$$el by la#hes does not a$$ly to 5udge%

A9$los ". CA, 63 Apr#l +00+

F$&'s Abalos s$ouses sued to re#over $ossession of a lot in <ue?on )ity registered in their name% The s>uatters, against &hom the a#tion &as filed, lost the #ase in the <) RT) so they a$$ealed to the )A on the ground that the RT) erred in not dismissing the #ase for failure to #om$ly &( the @atarungang !arangay #on#iliation $ro#edure% )A granted% Hel(5 RT) had 5urisdi#tion% When the Abalos s$ouses filed their #om$laint, they $la#ed <) as their address% !ut they &ere able to #hange it to )aloo#an u$on leave of #t% &(o the res$ondents ob5e#ting% The re>uirement of #on#iliation #annot be enfor#ed sin#e the $ro$erty is in <), &here the res$ondents reside, &hile the Abalos s$ouses live in )aloo#an 6". 1EH4 'e#% AH7% Res$ondents effe#tively &aived their right &hen they failed to ob5e#t to the #orre#tion of the Abalos; residen#e fr% <) to )aloo#an $arti#i$ated in the trial on the merits% The fa#t that they argued their #ase F addu#ed their eviden#e amounts to a &aiver of this defense% ,n#e a $arty submits to the 5urisdi#tion of the #t% F $arti#i$ates in the trial on the merits, he #annot thereafter, after an unfavorable 5udgment, take a total turnabout F say that #om$lian#e &( ". 1EH4 &as not made% A!AL,' / )A% Ruling 6a##% to L7 Amendment already ha$$ens im$li#itly &hen $arties a#>uies#e < *s failure to undergo @atarunggang "ambaranggay a ground for dismissal for failure to #om$ly &ith #ondition $re#edentB L Abalos fails to #larify this% +ormerly, grounds for MT. in R,) Rule 1C $rovided Kfailure to state a #ause of a#tionL% -o& #larified by Revised R,) Rule 1C 657 &hi#h no& states Kfailure to #om$ly &ith #ondition $re#edentL -,TE *n this #lass, L is synonymous &ith A in < F A9 but more often, he $refers to be <% All <s are Ls unless other&ise indi#ated

G$lu9$ ". L$ure'$, +-. SCRA 4*.

LECTURE ON JURISDICTION
RA 4DC2 )hanges 5urisdi#tion for #ases Jurisdi#tion, remedy, relief, #ause of a#tion, sub5e#t matter 6&hat is thisB7 "la#e Rules $res#ribing $la#e to file may not ne#essarily refer to venue but to 5urisdi#tion as &ell "AHT("EHT "1HHT("AHHT 88 sub5e#t matter 88 relief

If $lle:$'#o s o' &o%ple'e, "ul er$9le 'o =TD

Judi#ial $o&er sum total of all #ourts #om$rising the 5udi#iary $o&er of 5udi#ary of make de#isions on a#tual #ontroversies% Jurisdi#tion a $arti#ular #ourt e:er#ising $o&er over a s$e#ifi# #ontroversy

Flores ". =$ll$re P;#l#pps, +,, SCRA

F$&'s Abalos s$ouses sued to re#over $ossession of a lot in <ue?on )ity registered in their name% The s>uatters, against &hom the a#tion &as filed, lost the #ase in the <) RT) so they a$$ealed to the )A on the ground that the RT) erred in not dismissing the #ase for failure to #om$ly &( the @atarungang !arangay #on#iliation $ro#edure% )A granted% Hel(5 RT) had 5urisdi#tion% When the Abalos s$ouses filed their #om$laint, they $la#ed <) as their address% !ut they &ere able to #hange it to )aloo#an u$on leave of #t% &(o the res$ondents ob5e#ting% The re>uirement of #on#iliation #annot be enfor#ed sin#e the $ro$erty is in <), &here the res$ondents reside, &hile the Abalos s$ouses live in )aloo#an 6". 1EH4 'e#% AH7% Res$ondents effe#tively &aived their right &hen they failed to ob5e#t to the #orre#tion of the Abalos; residen#e fr% <) to )aloo#an $arti#i$ated in the trial on the merits% The fa#t that they argued their #ase F addu#ed their eviden#e amounts to a &aiver of this defense% ,n#e a $arty submits to the 5urisdi#tion of the #t% F $arti#i$ates in the trial on the merits, he #annot thereafter, after an unfavorable 5udgment, take a total turnabout F say that #om$lian#e &( ". 1EH4 &as not made% +L,RE' / MALLARE8"H*L*""' E:am$le &here it is $ossible to allege fa#ts in $leading that gives rise to A #auses of a#tion mis5oinder of $arties L la#k #ause of a#tion a se$arate #ase 6W*TB7 'trategy file ans&er for 1st #ause of a#tion9 file MT. for And #ause of a#tion )AL*ML*M / RAM*REI% Res 5udi#ata bar by $rior 5udgment 6diff% +rom esto$$el7 L General Rule Jurisdi#tion is #onferred by la& and thus it #an be raised at any $oint in the $ro#eedings even on a$$eal T*JAM rule Esto$$el by la#hes o##urs &hen A re>uisites #on#ur a% $assage of an unreasonable length of time a% $arty slee$ on its rights to make other $arty believe that the former has abandoned his rights Therefore, $arty #an;t raise >uestion of 5urisdi#tion if he is guilty of esto$$el by la#hes )AL*ML*M rule W(- $arty asked for affirmative relief irrelevant9 &hat matters is &hether $arty &as led to believe that the other $arty sle$t on his rights% A rule on e>uity% General Rule )ourt #an dismiss #ase for la#k of 5urisdi#tion motu $ro$rio

Or'#:$s > Co. ". CA +34 SCRA

F$&'s5 ,rtigas F )o% sold to Ma:imo !elmonte a $ie#e of land% Terms !elmonte &ould be #onsidered a lessee until full $ayment F in #ase of default he &ould be e5e#ted as tres$asser or unla&ful detainer% !elmonte failed to $ay so an a#tion for unla&ful detainer &as field in the 'an Juan MuT), &here ,rtigas $rayed that the residential building #onstru#ted by !elmonte be forfeited in its favor% !elmonte lost so he a$$ealed to the )+* Ri?al by filing an MT. under R,) JH 'e#% 11 &(#, if granted, &ould in effe#t dismiss the #ase F render 5udgment by MuT) invalid for la#k of 5urisdi#tion% *t &as denied but an a$$eal to the )A set aside the MuT) F )+* rulings% ,n a$$eal, the ') ruled that the issues &ere $urely legal F should have been brought dire#tly to the '), but it $ro#eeded to ad5udi#ate the #ase any&ay as if brought for the first time% Hel( MuT) had 5urisdi#tion a##ording to the ruling in /uentes 0 'oter vs+ Mu1o234al(a % An a#tion for unla&ful detainer, &(# is a summary $ro#eeding to &rest $ossession fr% one &ho has no right thereto, is a$$li#able only &hen the issue is that of $ossession% A##ording to the Judi#iary A#t 'e#% JJ 6b7, the )+* has original 5urisdi#tion in all #ivil a#tions &(# involve title to or $ossession of real $ro$erty, e:#e$t a#tions of for#ible entry F detainer over lands or buildings &here original 5urisdi#tion is #onferred u$on #ity or muni#i$al #ts%% This #ase involves not merely right of $ossession but also rights of o&nershi$ over the im$rovements as indi#ated in the $rayer% )+* should have dismissed the #ase &hen its &as brought on a$$eal be#% it #ould only have entertained the same if the $arties did not ob5e#t to nor raised the >uestion of 5urisdi#tion%

D< ". CA, +0- SCRA

F$&'s5 Ramon Ro:as filed an e5e#tment suit in the MeT) Makati vs% Andres F Gloria .y &here he &on% .ys a$$ealed to the RT), but failed% MeT) granted immediate e:e#ution, so the ne:t day, the 'heriff F some $oli#emen e5e#ted the .ys by thro&ing their belongings to the street% They filed a motion to >uash(re#all of the &rit of e:e#ution on the ground that they had not re#eived a #o$y of the RT) de#ision% MeT) denied% )A a$$eal failed% Hel(5 There must first be #o$y of the RT) de#ision served on the losing $arty before 5udgment is e:e#uted% Refer to R,) D2 'e#% 1, Rules on 'ummary "ro#edure 'e#% 1A F !" 1A2 'e#% AA% "roof of servi#e of #o$y of 5udgment determines &hether or not the a$$eal $eriod has la$sed% *f no a$$eal &as filed after the #o$y is served, then the de#ision is immediately e:e#utory as a matter of right% A $etition for revie& by )A of RT) 5udgment may be filed only after noti#e of RT) 5udgment has been served on

the losing $arty% *f no noti#e &as served, the losing $arty has no legal remedy against an illegal 5udgment nor does the )A have the $o&er to $revent the e:e#ution of an illegal order% Ho&ever, the .ys #annot have the relief $rayed for sin#e they failed to a$$eal after they &ere served noti#e% -othing is more settled than the rule that in every litigation, the $arties thereto are entitled to due $ro#ess, F if there is a denial thereof, then the validity of the $ro#eedings is o$en to >uestion%

=$ &;es'er De". Co. ". CA, +,0 SCRA

F$&'s5 M.) filed a #om$laint for damages F s$e#ifi# $erforman#e against )ity Land to #om$el the latter to $ush through &( the sale of the land% The amount of damages &as not s$e#ified in the $rayer but &as alleged in the body of the #om$laint% Thus, a do#ket fee of only "J1H &as $aid on the $resum$tion that the amount involved &as not #a$able of $e#uniary estimation, &hen in fa#t it &as% M.);s se#ond #ounsel deleted all mention of damages% ') ordered the reassessment of do#ket fees% Redu#ed damages &ere still not s$e#ified in the $rayer% )A ruled that do#ket fees should be based on the orig% #om$% Hel(5 A #ase is deemed filed only u$on $ayment of do#ket fees regardless of the a#tual date of filing in #t%% Thus, the T) did not a#>uire 5urisdi#tion &( the $ayment of the "J1H do#ket fee% An amendment of the #om$laint or similar $leading &ill not vest 5urisdi#tion, mu#h less $ayment of the do#ket fee, based on the amount averred in the amended $leading% The design to avoid $ayment is obvious sin#e it misled the do#ket #lerk% All #om$laints, $etitions, ans&ers, F similar $leadings should s$e#ify the amount of damages being $rayed for not only in the $leading but also in the $rayer F said damages should be #onsidered in the assessment of the filing of fees in any #ase% Any $leading that fails to #om$ly &( this re>uirement shall not be a##e$ted nor admitted, F shall be e:$unged fr% the re#ord%

Su I sur$ &e ". Asu &#o , +.3 SCRA

F$&'s5 'un *nsuran#e filed a #om$laint in the RT) for #onsignation of a $remium fund on a $rivate fire insuran#e $oli#y against Manuel 0y "o Tiong% Manuel filed for a refund of the $remium but the amount of damages &as not s$e#ified in the $rayer, although it #ould be inferred in the body% Thus, only "A1H do#ket fee &as $aid% ') ordered reassessment of the do#ket fees% The amended #om$laint stated a #laim of not less than "1HM in the $rayer but a se#ond amendment raised the amount to "JJMM &(# &as admitted in #t%% 'un >uestions this order% Hel(5 "etition dismissed for la#k of merit% The #ontention that Manchester ruling #annot a$$ly retroa#tively to this #ase is untenable% 'tatutes regulating the $ro#edure of the #ts% &ill be #onstrued to a$$ly to a#tions $ending F undetermined at the time of their $assage% "ro#edural la&s are retros$e#tive in that sense F to that e:tent% *t is not sim$ly the filing of the #om$laint or $leading but the $ayment of the $res#ribed do#ket fee that vests the trial #t% &( 5urisdi#tion over the sub5e#t matter or nature of the a#tion% Where the T) a#>uires 5urisdi#tion over a #laim &( the filing of the a$$ro$riate $leading F $ayment of the $res#ribed filing fee, but subse>uently the an a&ard of an amount not s$e#ified in the $leading, or if s$e#ified, the same has been left for determination by the #t%, the additional filing fee shall #onstitute a lien on the 5udgment% *t shall be the res$onsibility of the )lerk of )ourt or his duly authori?ed de$uty to enfor#e said lien F assess the additional fee%

?$'$ru :$ : P$%9$r$ :$<

See RA .+43 pro"#s#o s =or$'$ ". Go, +*- SCRA ,,,
F$&'s5 This &as a #ase for the re#overy of a sum of money $lus damages N "J2,JHH%HH% AA MT. &as filed be#% of failure to undergo #on#iliation $ro#eeding in the brgy% The MT. &as o$$osed on the ground that the la& on @" #overs only to those #ases falling &(in the e:#lusive 5uris% of the MT)s% Hel( There is no distin#tion &hatsoever &( res$e#t to the #lasses of #ivil dis$ute that should be #om$romised at the brgy level as #ontradistinguished &( that of the #riminal #ases%

Ro<$les ". IAC, +*. SCRA ,.3

F$&'s This is an e5e#tment #ase again in the MT)% R, the lessee, $arti#i$ated in the trial F even #ross8 e:amined the $etitioner% R, then, filed a #ertiorari F $rohibition &( $reliminary in5un#tion &hen the de#ision &as adverse to him% Hel( "etition denied% A $arty &ho has affirmed F invoked the 5urisdi#tion of a #t% in a $arti#ular matter to se#ure an affirmative relief #annot, after&ards, deny the same 5urisdi#tion to es#a$e a $enalty% LE)T0RE ,- @ATAR0-GA-G "AM!ARA-GA=

General Rule% All #ivil a#tions, regardless of amount of relief, bet&een $arties of the same baranggay, should undergo @atarunggang "ambaranggay

Re%e(<5 $1 Do ' $rr#"e $' $ se''le%e '

b7 +ile #ase v% Lu$on to #om$el them to dismiss ob5e#tinable Lu$on member 6This #ase need not undergo @" re se#% JH4 6b7 and se#% JHC 6a77 6W*TB7 MA-)HE'TER rule full $ayment of do#ket fees ne#essary for #ourt to a#>uire 5urisdi#tion All $rayers must be in the #om$laint, not 5ust in the body ,verruled LEGA'"* re installment $ayments no longer allo&ed '0- *-'0RA-)E bar $roblem% *f there is an honest differen#e of o$inion as to amount of do#ket fees and " is in good faith, #ourt #an grant $eriod of time to allo& $ayment% <ualifies MA-)HE'TER only to that e:tent MA-)HE'TER if a&ard to 5udgment #reditor is greater than the amount $rayed form, differen#e in do#ket fees #onstitutes first lien% -,TE but no $ayba#k of e:#ess fees even if a&arded less L Remember to bill your #lient for Kin#identalL or Kout of $o#ketL #osts for sheriff;s trans$ortation, food and vitamins )URISDICTION /po@er 'o ;e$r, 'r< $ ( (e&#(e &$ses1 )onferred by la&% La& #an only be #hanged by $assing through )ongress% "arty #an;t amend rules on 5urisdi#tion by agreement or voluntary a#t Jurisdi#tion #an be raised at any time even on a$$eal, after termination of #ase of de#ision be#omes final and e:e#utory, sub5e#t to rules on $res#ri$tion% Raise issues of 5urisdi#tion via a MT. 6Rule 1C7 but #ourt #an a#t motu $ro$rio% Rule on $la#e not ne#essarily a rule on venue% T*JAM% !ar $roblem% <ualifies &ho #an raise matters of 5urisdi#tion% *f esto$$ed by la#hes, #an;t file MT. in e>uity J0R*'.*)T*,-% May be sub5e#t to nature of 1% )ause of a#tion 8 eg% Admiralty #ases, domesti# violen#e 1% Relief 1% 'ub5e#t matter 6thing over &hi#h the rights and duties o##ur 8 eg% rights or title to real $ro$erty O "EH T9 #laims in#a$able of $e#uniary estimation 1% Remedy 8 eg% for#ible entry and unla&ful detainer, revie& by #ertiorari9 !0LA, v )A Jurisdi#tion, on#e a#>uired, is never lost% E:#e$tion .= / )A% )ourt violates #onstitution9 ousted from 5urisdi#tion% -,TE 5udgment still valid, no 5urisdi#tion only for $ur$oses of issuing &rit of e:e#ution due to la#k of noti#e to $arty 2ORD GA=E5 )onferment of Jurisdi#tion la& $res#ribes 5urisdi#tion A#>uisition of Jurisdi#tion Rule 1 'e#tion E +iling of #om$laint vests #ourt &ith 5urisdi#tion over res% 'ummons vests #ourt &ith 5urisdi#tion over the #or$us% -,TE filing of #om$laint ha$$ens u$on full $ayment of do#ket fees CONDITIONS PRECEDENT -,TE +ailure to undergo @atarunggang "ambarangay not issue of 5urisdi#tion 'e#% J1A Lo#% Government )ode9 neither a defe#t in 5urisdi#tion but vulnerable to a MT. 6Rule 1C se#% J7 for failure to undergo #ondition $re#edent% +ailure to undergo #ondition $re#edent #an only be raised in a MT. or as an affirmative defense

Su%%$r< Pro&e(ure
Rules on 'ummary "ro#edure 6,#t% P217

Del Ros$r#o ". CA, *,+ SCRA -+0 /A0-1

Hel( The $resen#e of an a#tion for >uieting of title does not divest the MeT) of original 5urisdi#tion over the e5e#tment #ase% An e5e#tment #ase 6$ossession de fa#to7 is inde$endent of any #laim of o&nershi$ 6$ossession de 5ure7% 0nder the revised 'ummary "ro#edure 6-ov% 1E, 12217 all ty$es of e5e#tment #ases are no& #overed by it regardless of &hether or not the issue of o&nershi$ of sub5e#t $ro$erty is $leaded by a $arty% -o hearings are re>uired in this $ro#edure% The ad5udi#ation of #ases here are done on the basis of affidavits F $osition $a$ers% SU==ARY PROCEDURE Remedy for for#ible entry, unla&ful detainer, Q "1H,HHH @atarunggang "ambaranggay #ondition $re#edent before $arties #an obtain 5udi#ial relief -ot a$$ly to ordinary #ivil a#tions in RT) 'ummary "ro#edure ,rdinary )ivil A#tion "leadings Allo&ed /erified #om$laint )om$ulsory #ounter#laim Ans&er to #om$laint )ross#laim v e:isting defendant )om$laint )ounter#laim a% )om$ulsory6relates to transa#tion7 a% "ermissive 6not related7 )ross#laim Third $arty #laim *ntervention Ans&er Re$ly Ans&er +ile ans&er &(in 1H days of servi#e of summons +ile ans&er &(in 1E days of servi#e of summons )an #ourt a#t motu $ro$rio in dismissing the #aseB =E'% )ourt #an a#t motu $ro$rio and dismiss -,% )ourt #annot dismiss a#tion motu $ro$rio but must &ait for MT. Effe#t of other $arty;s failure to file an ans&er Get 5udgment% -o need for motion for default or order for default +ile a motion to de#lare the other $arty in default

Prel#%# $r< Co fere &e o' l$'er ';$ 63 ($<s

Effe#t of ";s failure to a$$ear )ause for dismissal )ounter#laim barred Main A#tion dismissed but )om$ulsory )ounter#laim not dismissed% . gets 5udgment )ause for dismissal &ith $re5udi#e Main a#tion dismissed and )om$ulsory #ounter#laim also dismissed "ro#ess 'ubmit $osition $a$ers and affidavits 1H days from re#ei$t of $re8trail order L on those affidavits hinge your entire #ase so $ray 6Angel of God, hindi motion7 that the #ourt ask for #larifi#atory affidavits 6motu $ro$rio7 E:tension of time not allo&ed =ou figure it out% )ontents of Affidavits 'tate fa#ts 'ho& #om$eten#e to testify 'ho& admissibility of &itness

Absent these affidavits e:#luded and la&yer may be sub5e#t to dis#i$linary a#tion "rohibited Motions MT. on se#% 1C e:#e$t la#k of 5urisdi#tion !ill of $arti#ulars -e& 5udgment "eriods -o time $eriod from beginning to end but mandatory $eriods in bet&een

Rule * A&'#o s # Ge er$l

'e#tion 1% ,rdinary #ivil a#tions, basis of% 8 Every ordinary #ivil a#tion must be based on a #ause of a#tion% 'e#tion A% )ause of a#tion, defined% 8 A #ause of a#tion is the a#t or omission by &hi#h a $arty violates a right of another% 'e#tion D% ,ne suit for a single #ause of a#tion% 8 A $arty may not institute more than one suit for a single #ause of a#tion% 'e#tion J% '$litting a single #ause of a#tion9 effe#t of% 8 *f t&o or more suits are instituted on the basis of the same #ause of a#tion, the filing of one or a 5udgment u$on the merits in any one is available as a ground for the dismissal of the others% 'e#tion E% Joinder of #auses of a#tion% 8 A $arty may in one $leading assert, in the alternative or other&ise, as many #auses of a#tion as he may have against an o$$osing $arty, sub5e#t to the follo&ing #onditions 6a7 The $arty 5oining the #auses of a#tion shall #om$ly &ith the rules on 5oinder of $arties9 6b7 The 5oinder shall not in#lude s$e#ial #ivil a#tions or a#tions governed by s$e#ial rules9 R Where the #auses of a#tion are bet&een the same $arties but $ertain to different venues or 5urisdi#tions, the 5oinder may be allo&ed in the Regional Trial )ourt $rovided one of the #auses of a#tion falls &ithin the 5urisdi#tion of said #ourt and the venue lies therein9 and 6d7 Where the #laims in all the #auses of a#tion are $rin#i$ally for re#overy of money, the aggregate amount #laimed shall be the test of 5urisdi#tion% 'e#tion C% Mis5oinder of #auses of a#tion% 8 Mis5oinder of #auses of a#tion is not a ground for dismissal of an a#tion% A mis5oined #ause of a#tion may, on motion of a $arty or on the initiative of the #ourt, be severed and $ro#eeded &ith se$arately%

)osep; ". B$u'#s'$, +.3 SCRA -,3 /A701

FACTS Jose$h &as a $aying $assenger in a #argo tru#k% The #argo tru#k tried to overtake a tri#y#le $ro#eeding in the same dire#tion% At the same time, a $i#k8u$ tru#k tried to overtake the #argo tru#k, thus the #argo tru#k &as for#ed to veer to&ards the shoulder of the road F rammed a mango tree in the $ro#ess% Jose$h sustained a bone fra#ture in one of his legs% Jose$h sued the o&ner of the #argo tru#k for brea#h of the #ontra#t of #arriage F the o&ner of the $i#k8u$ for >uasi8deli#t for in5uries he sustained% The o&ner of the $i#k8u$ $aid Jose$h the amount he &as #laiming thru a settlement agreement% Jose$h still &ants to maintain the a#tion vs% the tru#k o&ner #laiming that he still has another #ause of a#tion vs% the latter, for brea#h of #ontra#t of #arriage% HELD When there is only one deli#t or &rong 6i%e% one in5ury7, there is only one #ause of a#tion regardless of the number of rights that may have been violated belonging to one $erson 6violation of #ontra#t of #arriage F >uasi8deli#t7% The singleness of a #ause of a#tion lies in the singleness of the deli#t or &rong violating the rights of one $erson% -evertheless, if only one in5ury resulted fr% several a#ts, only 1 #ause of a#tion arises% *n this #ase, the $etitioner sustained a single in5ury on his $erson% That vested in him a single #ause of a#tion, albeit &( the #orrelative rights of a#tion vs% the different res$ondents thru a$$ro$riate remedies allo&ed by la&%

The res$s% having been found to be solidarily liable to the $et%, the full $ayment made by some of the solidary debtors F their subse>uent release fr% any F all liability to $et% inevitably resulted in the e:tinguishment F release fr% liability of other solidary debtors% J,'E"H / !A0T*'TA -)) A133 !ar v double re#overy

C#'< of B$&olo( ". S= Bre@er< *0 SCRA

FACTS The )ity of !). $assed an ordinan#e im$osing a bottling ta: for every #ase of soft drinks sold% +or delin>uen#y in $aying said ta:, a sur#harge &as to be im$osed% +or failure to $ay said ta:es on time, )ity of !). sued 'M!% The ') ruled in favor of the )ity F ordered 'M! to $ay ta:es% Later, the )ity of !). filed a se#ond #om$laint vs% 'M! to re#over the sur#harges it forgot to #laim in the first #ase% HELD5 'M!;s failure to $ay the ta:es violated the )ity;s right to be $aid% Thus, there &as a single #ause of a#tion% Ho&ever, under the ordinan#e, the )ity be#ame entitled to A reliefs $ayment of ta:es F the #orres$onding sur#harges% The a#t of the )ity of filing se$arate #om$laints for ea#h of the t&o reliefs related to the same single #ause of a#tion resulted in the s$litting of the #ause of a#tion% 0nder the rule that a $arty may not institute more than 1 suit for a single #ause of a#tion, the )ity;s A nd #om$laint is barred by res 5udi#ata%

B$<$ : ". CA, +,7 SCRA 0+ /A7.1

FACTS !ayang sued !iong for <uieting of Title &( damages in 12C2, &(# resulted in a ruling in his favor in 1234% *n 1234, !ayang sued !iong again but this time for the in#ome earned fr% the land &hile it &as still in the latter;s $ossession fr% 123H to 1234% HELD The sub5e#t matter in the A #ases are essentially the same as the in#ome is only a #onse>uen#e or a##essory of the dis$uted $ro$erty% The #laim for in#ome fr% the land is in#idental to, F should have been raised by !ayang in his earlier #laim for o&nershi$ of the land% As the filing of the A #ases #onstitute s$litting of the #ause of a#tion, the A nd #ase is barred by the 1st% Also, for about 3 years, the $etitioner made no move at all to amend his #om$laint to in#lude a #laim for the in#ome su$$osedly re#eived by $rivate res$% during that $eriod% He did not make the $ro$er #laim at the $ro$er time F in the $ro$er $ro#eeding% Whatever right he might have had is no& deemed &aived be#% of his negligen#e%

E r#Bue! ". R$%os, . SCRA *4- /A461

FACTS Enri>ue? sold to Ramos 11 $ar#els of land for "1H1,HHH% Ramos $aid E,HHH as do&n $ayment% 6 A,EHH8#ash, A,EHH8#he#k7% To se#ure the 2C,HHH balan#e, Ramos mortgaged the land to the vendors% Enri>ue? filed a #om$laint vs% Ramos for sto$$ing the 9$ayment of the #he#k% Enri>ue? filed another #ase for fore#losure of the mortgage due to Ramos; failure to #om$ly &( it;s #onditions% Ramos no& moves to dismiss the And #ase on grounds that Enri>ue? s$lit the #ause of a#tion% HELD An e:amination of the 1st #om$laint sho&s it &as based on a$$ellant;s having unla&fully sto$$ed $ayment of the #he#k for "A,EHH she had issued in favor of a$$ellees9 &hile the #om$laint in the first a#tion is for the non8$ayment of the balan#e of 2C,HHH guaranteed by the mortgage% The #laim for A,EHH &as therefore a distin#t debt not #overed by se#urity9 the se#urity &as for the balan#e of the $ur#hase $ri#e amounting to 2C,HHH% Therefore, there is no s$litting of ) of A in this #ase%

Cue"$s ". P# e($, +,6 SCRA 4., /A741

FACTS % "riv% Res$s% filed a #om$laint in the )+* for >uieting of title alleging that they are the heirs of *gaya F, as su#h, are the rightful o&ners of the $ar#els of land% They #ame to kno& that $etitioners have #aused the $re$aration of a table8survey $lan of the lots in the name of )an#io 6$re$ared by Ro:as for )uevas7% "etitioners then filed an A$$li#ation for +ree "atent for the lots, &(# &as granted% "riv% res$s% filed an administrative $rotest &( the !ureau of Lands F Register of .eeds, seeking the re#all F #an#ellation of the free $atents% They then $rayed for the issuan#e of &rit of $reliminary in5un#tion to de#lare null F void the free $atents F be de#lared as the absolute o&ners% This &as granted u$on the $osting of a bond% Mean&hile, a hearing on the $rotest did not materiali?e as the #t% had already issued the &rit of $reliminary in5un#tion% .id the #t% a#tually a#>uire 5urisdi#tion over the #om$laintB HELD5 Res$s% have assumed in#onsistent $ositions% After filing an administrative $rotest &( the !oL, #laiming the lands belong to them, they >uestioned the 5urisdi#tion &(# they invoked of that same agen#y, #laiming that it is the #ts% F not the administrative tribunal that should settle the issue% At this time, both $arties had already invoked the 5urisd:n% of !oL, alleging that sin#e the !oL, &(# had 5urisdi#tion over the #ase, had already issued the free $atents, the land had be#ome $rivate% ,rderly $ro#edure re>uires that !oL, on a matter &(in its #om$eten#e F e:$ertise, should first resolve the issues before it%

)0E/A' / "*-E.A "etition for )ertiorari &as dismissed on the ground of non8e:haustion of administrative remedies, not for la#k of #ause of a#tion &as dismissed due to $rimary administrative 5urisdi#tion N failure to undergo #ondition $re#edent L We are #on#erned &ith la&, not &ith 5usti#e, &hi#h is &hy &e;re not #alled the )ollege of Justi#e but the )ollege of La&% Te#hni>ue lang lahat iyan% A#tion )ause of A#tion LECTURE ON ACTIONS Remedy ( "ro#ess !asis to file an a#tion Rule A se#% A

"rohibition against s$litting a single #ause of a#tion 1% "revent multi$li#ity of suits 1% "revent indire#t violation ( avoidan#e of res 5udi#ata rule Remedy *nstead, file #ause of a#tion and ask for different reliefs !A=A-G +ile su$$lemental $leading for ne& relief or file amendment to $leading to introdu#e ne& fa#ts &hi#h arose after filing 2ORD GA=E5 REME.= "ro#edure RELIEF: Specific things asked from court or right granted by a specific court due to violation of another right

Rule 6 P$r'#es
'e#tion 1% Who may be $arties9 $laintiff and defendant% 8 ,nly natural or 5uridi#al $ersons, or entities authori?ed by la& may be $arties in a #ivil a#tion% The term K$laintiff; may refer to the #laiming $arty, the #ounter8#laimant, the #ross8#laimant, or the third 6fourth et#%78$arty $laintiff% The term KdefendantL may refer to the original defending $arty, the defendant in a #ounter#laim, the #ross8defendant, or the third 6fourth, et#%78$arty defendant% 'e#tion A% "arties in interest% 8 A real $arty in interest is the $arty &ho stands to be benefited or in5ured by the 5udgment in the suit, or the $arty entitled to the avails of the suit% 0nless other&ise authori?ed by la& or these Rules, every a#tion must be $rose#uted or defended in the name of the real $arty in interest% 'e#tion D% Re$resentatives as $arties% 8 Where the a#tion is allo&ed to be $rose#uted or defended by a re$resentative or someone a#ting in a fidu#iary #a$a#ity, the benefi#iary shall be in#luded in the title of the #ase and shall be deemed to be the real $arty in interest% A re$resentative may be a trustee of an e:$ress trust, a guardian, an e:e#utor or administrator, or a $arty authori?ed by la& or these Rules% An agent a#ting in his o&n name and for the benefit of an undis#losed $rin#i$al may sue or be sued &ithout 5oining the $rin#i$al e:#e$t &hen the #ontra#t involves things belonging to the $rin#i$al% 'e#tion J% '$ouses as $arties% 8 Husband and &ife shall sue or be sued 5ointly, e:#e$t as $rovided by la&% 'e#tion E% Minor or in#om$etent $ersons% 8 A minor or a $erson alleged to be in#om$etent, may sue or be sued, &ith the assistan#e of his father, mother, guardian, or if he has none, a guardian ad litem% 'e#tion C% "ermissive 5oinder of $arties% 8 All $ersons in &hom or against &hom any right to relief in res$e#t to or arising out of the same transa#tion or series of transa#tions is alleged to e:ist, &hether 5ointly, severally, or in the alternative, may, e:#e$t as other&ise $rovided in these Rules, 5oin as $laintiffs or be 5oined as defendants, in one #om$laint, &here any >uestion of la& or fa#t #ommon to all su#h $laintiffs or to all su#h defendants, may arise in the a#tion9 but the #ourt may make su#h orders as may be 5ust to $revent any $laintiff or defendant from being embarrassed or $ut to e:$ense in #onne#tion &ith any $ro#eedings in &hi#h he may have no interest% 'e#tion 3% )om$ulsory 5oinder of indis$ensable $arties% 8 "arties in interest &ithout &hom no final determination #an be had of an a#tion shall be 5oined either as $laintiffs or defendants% 'e#tion 4% -e#essary $arty% 8 A ne#essary $arty is one &ho is not indis$ensable but &ho ought to be 5oined as a $arty if #om$lete relief is to be a##orded as to those already $arties, or for a #om$lete determination or settlement of the #laim sub5e#t of the a#tion% 'e#tion 2% -on85oinder of ne#essary $arties to be $leaded% 8 Whenever in any $leading in &hi#h a #laim is asserted a ne#essary $arty is not 5oined, the $leader shall set forth his name, if kno&n, and shall state

&hy he is omitted% 'hould the #ourt find the reason for the omission unmeritorious, it may order the in#lusion of the omitted ne#essary $arty if 5urisdi#tion over his $erson may be obtained% The failure to #om$ly &ith the order for his in#lusion, &ithout 5ustifiable #ause shall be deemed a &aiver of the #laim against su#h $arty% The non8in#lusion of a ne#essary $arty does not $revent the #ourt from $ro#eeding in the a#tion, and the 5udgment rendered therein shall be &ithout $re5udi#e to the rights of su#h ne#essary $arty% se#tion 1H% 0n&illing #o8$laintiff% 8 *f the #onsent of nay $arty &ho should be 5oined as $laintiff #an not be obtained, he may be made a defendant and the reason therefor shall be stated in the #om$laint% 'e#tion 11% Mis5oinder and non85oinder of $arties% 8 -either mis5oinder or non85oinder of $arties is ground for dismissal of an a#tion% "arties may be dro$$ed or added by order of the #ourt on motion of any $arty or on its o&n initiative at any stage of the a#tion and on su#h terms as are 5ust% Any #laim against a mis5oined $arty may be severed and $ro#eeded &ith se$arately% 'e#tion 1A% )lass suit% 8 When the sub5e#t matter of the #ontroversy is one of #ommon or general interest to many $ersons so numerous that it is im$ra#ti#able to 5oin all as $arties, a number of them &hi#h the #ourt finds to be suffi#iently numerous and re$resentative as to fully $rote#t the interest of all #on#erned may sue or defend for the benefit of all% Any $arty in interest shall have the right to intervene to $rote#t his individual interest% 'e#tion 1D% Alternative defendants% 8 Where the $laintiff is un#ertain against &ho of several $ersons he is entitled to relief, he may 5oin any or all of them as defendants in the alternative, although a right to relief against one may be in#onsistent &ith a right of relief against the other% 'e#tion 1J% 0nkno&n identity or name of defendant% 8 Whenever the identity or name of a defendant is unkno&n, he may be sued as the unkno&n o&ner, heir, devisee, or by su#h other designation as the #ase may re>uire9 &hen his identity or true name is dis#overed, the $leading must be amended a##ordingly% 'e#tion 1E% Entity &ithout 5uridi#al $ersonality as defendant% 8 When t&o or more $ersons not organi?ed as an entity &ith 5uridi#al $ersonality enter into a transa#tion, they may be sued under the name by &hi#h they are generally or #ommonly kno&n% *n the ans&er of su#h defendant the names and addresses or $ersons #om$osing said entity must all be revealed% 'e#tion 1C% .eath of $arty, duty of #ounsel% 8 Whenever a $arty to a $ending a#tion dies, and the #laim is not thereby e:tinguished, it shall be the duty of his #ounsel to inform the #ourt &ithin thirty 6D7 days after su#h death of the fa#t thereof, and to give the name and address of his legal re$resentative or re$resentatives% +ailure of #ounsel to #om$ly &ith this duty shall be a ground for dis#i$linary a#tion% The heirs of the de#eased may be allo&ed to be substituted for the de#eased, &ithout re>uiring the a$$ointment of an e:e#utor or administrator and the #ourt may a$$oint a guardian ad litem for the minor heirs% The #ourt shall forth&ith order said legal re$resentative or re$resentatives to a$$ear and be substituted &ithin a $eriod of thirty 6DH7 days from noti#e% *f no legal re$resentative is named by the #ounsel for the de#eased $arty, or if the one s named shall fail to a$$ear &ithin the s$e#ified $eriod, the #ourt may order the o$$osing $arty &ithin a s$e#ified time, to $ro#ure the a$$ointment of an e:e#utor or administrator for the estate of the de#eased and the latter shall immediately a$$ear for and on behalf of the de#eased% The #ourt #harges in $ro#uring su#h a$$ointment, if defrayed by the o$$osing $arty, may be re#overed as #osts% 'e#tion 13% .eath or se$aration of a $arty &ho is a $ubli# offi#er% 8 When a $ubli# offi#er is a $arty in an a#tion in his offi#ial #a$a#ity and during its $enden#y dies, resigns, or other&ise #eased to hold offi#e, the a#tion may be #ontinued and maintained by or against his su##essor if, &ithin thirty 6DH7 days after the su##essor takes offi#e or su#h time as may be granted by the #ourt, it is satisfa#torily sho&n to the #ourt by any $arty that there is a substantial need for #ontinuing or maintaining it and that the su##essor ado$ts or #ontinues or threatens to ado$t or #ontinue the a#tion of his $rede#essor% !efore a substitution is made, the $arty or offi#er to be affe#ted, unless e:$ressly assenting thereto, shall be given reasonable noti#e of the a$$li#ation therefor and a##orded an o$$ortunity to be heard% 'e#tion 14% *n#om$eten#y or in#a$a#ity% 8 *f a $arty be#omes in#om$etent or in#a$a#itated, the #ourt, u$on motion &ith noti#e, may allo& the a#tion to be #ontinued by or against the in#om$etent or in#a$a#itated $erson assisted by his legal guardian or guardian ad litem% 'e#tion 12% Transfer of interest% 8 *n #ase of any transfer of interest, the a#tin may be #ontinued by or against the original $arty, unless the #ourt u$on motion dire#ts the $erson to &hom the interest is transferred to be substituted in the a#tion or 5oined &ith the original $arty% 'e#tion AH% A#tion on #ontra#tual money #laims% 8 When the a#tion is for re#overy of money arising from #ontra#t, e:$ress or im$lied , and the defendant dies before entry of final 5udgment in the #ourt in &hi#h the a#tion &as $ending at the time of su#h death, it shall not be dismissed but shall instead be allo&ed to #ontinue until entry or final 5udgment% A favorable 5udgment obtained by the $laintiff therein shall be enfor#ed in the manner es$e#ially $rovided in these Rules for $rose#uting #laims against the estate of a de#eased $erson%

'e#tion A1% *ndigent $arty% 8 A $arty may be authori?ed to litigate his a#tion, #laim or defense as an indigent if the #ourt, u$on an e: $arte a$$li#ation and hearing, is satisfied that the $arty is one &ho has no money or $ro$erty suffi#ient and available for food, shelter and basi# ne#essities for himself and his family% 'u#h authority shall in#lude an e:em$tion from $ayment of do#ket and other la&ful fees, and of trans#ri$ts of stenogra$hi# notes &hi#h the #ourt may order to be furnished him The amount of the do#ket and other la&ful fees &hi#h the indigent &as e:em$ted from $aying shall be alien on any 5udgment rendered in the #ase favorable to the indigent, unless the #ourt other&ise $rovides% Any adverse $arty may #ontest the grant of su#h authority at any time before 5udgment is rendered by the trial #ourt% *f the #ourt should determine after hearing that the $arty de#lared as an indigent is in fa#t a $erson &ith suffi#ient in#ome or $ro$erty, the $ro$er do#ket and other la&ful fees shall be assessed and #olle#ted by the #lerk of #ourt% *f $ayment is not made &ithin the time fi:ed by the #ourt, e:e#ution shall issue or the $ayment thereof9 &ithout $re5udi#e to su#h other san#tions as the #ourt may im$ose% 'e#tion AA% -oti#e to the 'oli#itor General% 8 *n any a#tion involving the validity of any treaty, la&, ordinan#e, e:e#utive, order, $residential de#ree, rules or regulations, the #ourt in its dis#retion, may re>uire the a$$earan#e of the 'oli#itor General &ho may be heard in $erson or through a re$resentative duly designated by him% F#l#p# $s I (us'r#$l Corp. ". S . D#e:o, *6 SCRA .34 /A471 FACTS5 "astor Ago filed a #om$laint vs% $etitioner in his name as atty% in fa#t of Lai?% "etitioner filed a MT. on the ground that a#tion &as not brought in the name of the real $arty in interest% HELD 0nder the Ro), every a#tion must be brought in the name of the real $arty in interest% This $rovision is mandatory% The real $arty in interest is the $arty &ho &ould be benefited or in5ured by the 5udgment or is the $arty entitled to the avails of the suit% An atty%8in8fa#t is -,T a real $arty in interest9 there is no la& $ermitting an a#tion to be brought by an atty%8in8fa#t F hen#e, an a#tion brought by him #annot be maintained% Even if the $rin#i$al authori?es his agent to #ommen#e a#tions in a #t% for F in behalf of the $rin#i$al, su#h a#tion must still be filed in the name of the $rin#i$al &ho is the real $arty in interest% +*L*"*-A' )ase dismissed due to la#k of #ause of a#tion9 not due to non85oinder of $arties% Atty8in8fa#t #an;t re$resent $rin#i$al in the #ase sin#e atty8in8fa#t &as not the one in5ured RE"RE'E-TAT*/E "ART*E' -ot the real $arties but are allo&ed by la& or the Rules to sue on behalf of the $rin#i$al E:am$le of re$resentative $arty authori?ed by the Rules )lass suit "laintiffs sue in A #a$a#ities 17 themselves9 A7 on behalf of the $arties of the #lass or those &ith an interest in the sub5e#t matter of the suit but are too numerous to be brought in the suit 6,",'A / +A)T,RA-7 L What if defendant is a volleyball $layer of a s$ortsfest and the $laintiff &ants to sue all $arti#i$ants of the s$ortsfestB A *dentify all and do not a$$ly se#% 1E sin#e identifiable and also a volleyball team is not a $ro$er 5uridi#al entity J,*-.ER ,+ "ART*E' 6'e#% C7 not ne#essary that $arties be indis$ensable or ne#essary $arties a% -e#essary or $ro$er $arty 6'e#% 47 )ase may $ro#eed, only $laintiff may not be able to obtain #om$lete relief

Ar$ #&oCR$9# o ". ABu# o, 73 SCRA *-, /A..1

F$&'s "etitioners filed a #om$laint for re#overy of a lot &(# $riv% res$% #laims to be o&ned by one Meimban F his su##essors8in8interest% The #t% ordered the #om$laint be amended to in#lude all the heirs of the late Meimban in order that there &ill be a final ad5udi#ation of the rights of the $arties in the #ase% )ounsel for $etners% refused% Hel(5 The heirs of Meimban are indis$ensable $arties &ho should be in#luded in the #om$laint in order that there &ill be a final ad5udi#ation of the rights of the $arties in their #ase% ARA-*), .ismissal not due to failure to im$lead a $arty but due to #ontuma#ious refusal to #om$ly &ith the order of the #ourt9 mis5oiner or non85oinder is not basis for the dismissal of #ase

L$per$l De". Co. ". CA, **6 SCRA *4+ /A061

F$&'s5 )ounsel sought re#overy of atty%;s fees fr% 'unbeams +oods referred to in the #om$laint as KMr% La$eral;s )or$orationL but &(# &as not 5oined by name as a $arty8defendant% Hel(5 'unbeams should have been 5oined as a $arty8deft% in order that the 5udgment of the lo&er #t% #ould legally affe#t it% !ut even if it &as not im$leaded, the #t% #ould still validly $ro#eed &( the #ase be#% 'unbeams &as not an indis$ensable $arty but only a $ro$er $arty% A $ro$er $arty is one &(# ought to be a $arty if #om$lete relief is to be a##orded as bet&een those already $arties% A $arty is indis$ensable if no final determination #an be had of an a#tion unless it is 5oined either as $lff% or deft% +*L*"*-A' *-.0'TR*AL 8 *ndis$ensable LA"ERAL .E/T / )A 8 "ro$er $arty% 'unbeam only a ne#essary $arty and therefore not a $arty to the #om$romise agreement% !ut atty #an;t #olle#t atty;s fees sin#e there &as a udi#ial admission as to &aiver of all #laims

B$rfel De". Co. ". CA, **6 SCRA *47 /A061

F$&'s5 !arfel 6seller7 F Reginas 6seller7 #on#luded an agreement to buy(sell A $ar#els of land &(# the former &arranted to be free fr% liens F en#umbran#es e:#e$t for the !"* mortgage% Reginas found out later that there &as a se#ond mortgage in favor of "*', !ank% Things &ent sour F Reginas found out that !arfel &as selling the land to other $arties% Reginas brought suit% Reginas filed an amended #om$laint im$leading "*', as additional $arty% Hel( The reason for the amendment im$leading "*', is to #om$el the latter to a##e$t $ayment F release the And mortgage thereby enabling !arfel to deliver to Reginas the titles free fr% all liens F en#umbran#es% !ut, "*', is -,T a $arty to the #ontra#ts &(# are the sub5e#t of the a#tion for s$e#ifi# $erforman#e F damages bet&een !arfel F Reginas% "*', is not a $arty to the transa#tions F is thus not an indis$ensable $arty% "*', is a And mortgagee, &hatever the out#ome of the litigation bet&een Reginas F !arfel% A Kreal interestL means a $resent substantial interest, as distinguished fr% a mere e:$e#tan#y or a future, #ontingent, subordinate or #onse>uential interest% )om$lete relief by Reginas vs% !arfel #an be had even if "*', &as not im$leaded as a $arty deft in the original #ase% Also, amendment sought is a substantial one% "riv% res$% &ill have to $resent additional eviden#e on "*',% Effe#t &ould be to start trial ane& &( $arties re#asting theories of the #ase% !AR+EL dis#losure, not e:isten#e of And mortgage is the issue% The And mortgagee is liable to $laintiff in )ontra#t to "ur#hase% -ot a $ro$er $arty% Mortgages follo& $ro$erty &herever it goes, thus, "*', #an;t be#ome a $arty sin#e there is no #ause of a#tion against it% b% *ndis$ensable 6'e#% 37 *f not im$leaded, #ase #annot $ro#eed sin#e there #an be no final determination

Opos$ ". F$&'or$ , **, SCRA .0* /A061

F$&'s5 "laintiffs8minors duly re$resented F 5oined by their $arents instituted this ta:$ayers; #lass suit vs% the 'e#retary of .E-R to order the latter to #an#el of timber li#ense agreements 6TLA7 F to #ease F desist fr% rene&ing F granting ne& TLAs% The suit &as filed for themselves F others &ho are e>ually #on#erned about the $reservation of natural resour#es but are so numerous that it is im$ra#ti#able to bring them all before the #t%% The minors also asseverate that they re$resent their generation as &ell as the generations yet unborn% Hel( The #ase is a #lass suit the sub5e#t matter of the #om$laint is of #ommon F general interest not 5ust several but to all #iti?ens of the "hils% "arties are so numerous that it is im$ra#ti#able, if not totally im$ossible, to bring them all before the #t%% "laintiffs are so numerous F re$resentative enough to insure full $rote#tion of all #on#erned interests% "etitioner8minors #an, for themselves, for others of their generation, F for the su##eeding generation, file a #lass suit% Their $ersonality to sue in behalf of su##eeding generations #an only be based on the #on#e$t of intergenerational res$onsibility insofar as the right to a balan#ed F healthful e#ology is #on#erned% Every generation has a res$onsibility to $reserve the rhythm F harmony for the full en5oyment of a balan#ed F healthful e#ology% The minor;s assertion of their right to a sound environment #onstitutes, at the same time, the $erforman#e of their obligation to ensure the $rote#tion of that right for the generations to #ome% ,",'A / +A)T,RA-% Are unborn #hildren &( #a$a#ity to be $arty to a suitB -o, but $ur$oses of this #lass suit, ') used intergenerational res$onsibility argument% Limit )onsti Art 11 se#% 1C to e#ologi#al suits% L;s note no legal basis, natural la& only% Also, other Art% 11 $rovisions hortatory and not basis for a #lass a#tion suit% -ot all ta:$ayers; suits are #lass suits L *s the environment $ro$ertyB -ote not need to be $ro$erty to be sub5e#t of a suit% =$';$< ". Co sol#($'e( B$ D, -7 SCRA --0 /A.,1

F$&'s The sto#kholders of )onsolidated Mines filed a #lass suit vs% the !oard of ,rgani?ers of )onsolidated !ank of alleged anomalies in the in#or$oration of the latter to &(# the sto#kholders &ere subs#ribers% Hel(5 The ne#essary elements for the maintenan#e of a #lass suit are 617 the sub5e#t matter of the #ontroversy be one of #ommon or general interest to many $ersons9 F 6A7 su#h $ersons be so numerous as to make it im$ra#ti#able to bring them all in #t%% An a#tion does not be#ome a #lass suit be#% it is designated as su#h in the $leadings it de$ends u$on the attending fa#ts F the #om$laint, or other $leading initiating the #lass a#tion should allege the e:isten#e of the ne#essary fa#ts% As to the 1st element the interest that a$$ellants8$lff% F intervenors F the )M* sto#kholders had in the sub5e#t matter &as several, not #ommon or general in the sense re>uired by la&% Ea#h one had a determinable interest, ea#h had a right, if any, only to his res$e#tive $ortion of the sto#ks -one of them had an interest, or a right to, the sto#k to &(# another &as entitled% As to the And element, the number of said )M* subs#ribing sto#kholder &as not stated in the #om$laint% Thus, the #t% #ould not infer or make sure that the $arties before it &ere suffi#iently numerous F re$resentative% Ve'er$ s =$ po@er > Pro'e&'#"e Ser"#&es ", CA, *+, SCRA *74 /A0*1 FACTS "etitioner filed a #om$laint vs% the ") )hief F ")8'0'*A, government agen#ies regulating se#urity servi#es, to #om$el said agen#ies to issue li#enses to $etitioner% HELD The 'tate may not be sued &(o its #onsent% *nvoking this rule, the ") )hief F ")8 '0'*A, being instrumentalities of the national gov;t% e:er#ising a $rimarily governmental fun#tion may not be sued &(o the Gov;t;s #onsent% This do#trine is also a$$li#able to #om$laints filed vs% offi#ials of the state for a#ts allegedly $erformed by them in the dis#harge of their duties% A $ubli# offi#ial may sometimes be held in his $ersonal or $rivate #a$a#ity if he a#ts in bad faith or beyond his authority or 5urisdi#tion% *n this #ase, ho&ever, the a#ts &ere $erformed as $art of offi#ial duties &(o mali#e, gross negligen#e or bad faith% Thus, no re#overy may be had vs% them in their $rivate #a$a#ity as &ell% LE)T0RE ,- "ART*E' Remedies available for #ertain situations% L at his most $ra#ti#al% 1% " not the real $arty in interest but a#t as a $laintiff )ounsel for . MT. sin#e no #ause of a#tion% -o in5ury v his $erson 1% S an *ndis$ensable $arty but " refuses to bring him in as an indis$ensable $arty Eg% )o8o&ner sues for $artition of $ro$erty o&ned in #ommon9 thus, he must im$lead all #o8o&ners in order that final determination might be made% What if " sues only 1 #o8o&nerB 6ARA-*),8RA!*-,7 )ounsel for . "lan A7 Motion to im$lead the other #o8o&ners "lan !7 *f #ourt refuses to im$lead the other #o8o&ners, file MT. for la#k of due $ro#ess for failure to im$lead an indis$ensable $arty "lan )7 Go to )A for #ertiorari on grounds of grave abuse of dis#retion on $art of trial #ourt 5udge for refusing to i$lead indis$ensable $arty &(o &hom there #an be no final determination of the #ase% To determine &hether or not a $arty is indis$ensable "ro$er 5oinder of $arties "arties ne#essary "ermissive 5oinder of $arties not ne#essarily im$ly that $arties indis$ensable or ne#essary Rule D se#% C same transa#tion or #ommon >uestion of la& or fa#t is involved 1% "arty be#omes insane )ounsel for . Rule D se#% 14 file motion to bring guardian of insane $arty brought in as a re$resentative% *f insane O 14 years old, ask for guardian ad litem 1% "arty dies% His #ounsel duty bound to inform #ourt of su#h fa#t and of his legal re$resentative *f there is no re$, #ourt &ill order )ounsel for . to $ro#ure a$$ointment of e:e#utor or administrator -,TE "ersonal a#tion remedy filed &here #ause of a#tion involves $ersonal $ro$erty or right% 'ub5e#t matter involves $ersonal $ro$erty and others% -ot a real a#tion &hi#h involves title to or $ossession of real $ro$erty% *m$ortant for $ro$er venue

Rule , Ve ue
'e#tion 1% /enue of real a#tions% 8 A#tions affe#ting title to or $ossession of real $ro$erty, or interest therein, shall be #ommen#ed and tried in the $ro$er #ourt &hi#h has 5urisdi#tion over the area &herein the real $ro$erty involved, or a $ortion thereof, is situated% +or#ible entry and detainer a#tions shall be #ommen#ed and tried in the muni#i$al trial #ourt of the muni#i$ality or #ity &herein the real $ro$erty involved, or a $ortion thereof, is situated% 'e#tion A% /enue of $ersonal a#tions% 8 All other a#tions may be #ommen#ed and tried &here the $laintiff or any of the $rin#i$al $laintiffs resides, or &here the defendant or any of the $rin#i$al defendants resides, or in the #ase of a non8resident defendant &here he may be found, at the ele#tion of the $laintiff% 'e#tion D% /enue of a#tions against nonresidents% 8 *f any of the defendants does not reside and ins not found in the "hili$$ines, and the a#tion affe#ts the $ersonal status of the $laintiff, or any $ro$erty of said defendant lo#ated in the "hili$$ines, the a#tion may be #ommen#ed and tried in the #ourt of the $la#e &here the $laintiff resides, or &here the $ro$erty of any $ortion thereof is situated or found% 'e#tion J% When Rule not a$$li#able% 8 This Rule shall not a$$ly 8 6a7 *n those #ases &here a s$e#ifi# rule or la& $rovides other&ise9 or 6b7 Where the $arties have validly agreed in &riting before the filing of the a#tion on the e:#lusive venue thereof%

D#$! ". A(#o :, *+0 SCRA 46+ /A061

F$&'s )ertain $ubli# offi#ers instituted se$arate #riminal F #ivil #om$laints arising fr% libel vs% the $ublisher F editor of the Mindanao @ris, a ne&s$a$er of general #ir#ulation in )otabato )ity in the RT) of Mara&i )ity% .ia? #laims it should not be in Mara&i sin#e the res$s% didn;t hold offi#e there9 nor &as the arti#le $ublished there% Hel( An offended $arty &ho is at the same time a $ubli# offi#ial #an only institute an a#tion arising fr% libel in A venues the $la#e &here he holds offi#e F the $la#e &here the alleged libelous arti#les &ere $rinted F first $ublished% *n this #ase, although it is indubitable that venue &as im$ro$erly laid, unless F until the deft% ob5e#ts to the venue in a MT. $rior to a res$onsive $leading, the venue #annot truly be said to have been im$ro$erly laid sin#e, for all $ra#ti#al intents F $ur$oses, the venue through te#hni#ally &rong may yet be #onsidered a##e$table to the $arties for &hose #onvenien#e the rules on venue had been devised% The laying of venue is $ro#edural rather than substantive, relating as it does to 5urisdi#tion of the #t% over the $erson rather than the sub5e#t matter% /enue relates to trial not to 5urisdi#tion% The rule, therefore, is that ob5e#tions to im$ro$er venue must be made in a MT. before any res$onsive $leading is filed 6'e#% 1 Rule 1C7% ,ther&ise, it may be deemed &aived% LECTURE ON VENUE5 E:#e$tions 1% non8resident a7 &here " resides or a7 b7 &here $ro$erty or $ortion thereof is situated or found 1% &hen a s$e#ifi# Rule or La& $rovides other&ise 1% &hen $arties validly agreed in &riting before filing of a#tion in the e:#lusive venue thereof L state in agreement Kshall e:#lusively beL or Kshall only beL9 if not $hrased this &ay, #an still sue else&here "erson dies 6governed by Rule 437 a#tion dismissed in #ases &here de#edent is re>uired to $ersonally $erform his obligation, &here his estate or his heirs; defense is that the relief #annot be #om$lied &ith% *f a#tion is for a sum of money, file it as a #reditor in the settlement of estate $ro#eedings "au$er litigant one &ho has no money or $ro$erty suffi#ient and available for food, shelter and basi# ne#essities is e:em$ted from $ayment of fees% )ounsel for . #ontest indigent status of $arty by filing a motion to reverse order de#laring $arty as $au$er litigant THE )LA*M8A-'WER8),0-TER)LA*M8RE"L=8)R,'')LA*M8LA!=R*-TH " files )om$laint 'o . files ans&er

. files #ounter#laim 'o " files Ans&er to #ounter#laim " then files Amended )om$laint due to ne& matters raised 'o . files an amended ans&er #alled a re$ly A third guy files a )R,'')LA*M against . 'o . files an ans&er to the #ross#laim And he files his o&n #ross#laim against Third While " files his Ans&er to the Drd "arty )om$laint THE OGDEN CASE OGDENCBECTEL +*L*"*-, LA-.,W-ER' )ause of a#tion S brea#h of #ontra#t

RULE 5 VENUE
'e#tion 1% 0niform $ro#edure% 8 The $ro#edure in the Muni#i$al Trial )ourts shall be the same as in the Regional Trial )ourts, e:#e$t 6a7 &here a $arti#ular $rovision e:$ressly or im$liedy a$$lies only to either of said #ourts, or 6b7 in #ivil #ases governed by the Rule on 'ummary "ro#edure% 'e#tion A% Meaning of terms% 8 The term KMuni#i$al Trial )ourtsL as used in these rules shall in#lude Metro$olitan Trial )ourts, Muni#i$al Trial )ourts in )ities, Muni#i$al Trial )ourts, and Muni#i$al )ir#uit Trial )ourts%

Rule 4 Ple$(# :s
6'ubstantial Re>uirements7 NOTES OF ANEIECGIRL5 PLEADINGS

Def# #'#o
Rule C, 'e#% 1% "leadings are the &ritten statements of the res$e#tive #laims and defenses of the $arties submitted to the #ourt for a$$ro$riate 5udgment

Allo@e( Ple$(# :s
Rule 4, Se&. *
The #laims of a $arty are asserted in a #om$laint, #ounter8#laim, #ross8#laim, third 6fourth, et#%7 $arty #om$laint, or #om$laint 8 in 8 intervention% The defenses of a $arty are alleged in the ans&er to the $leading asserting a #laim against him% An ans&er may be res$onded to by a re$ly%

L#9er$l &o s'ru&'#o

Ger$les ". CA, *+7 SCRA 467 /A061

F$&'s )ounsel for $etitioner 'ir Luigi, este, )ama#ho $ala7 A vehi#ular a##ident o##urred resulting in res$ondent filing a #ase for damage to $ro$erty% T&o #ases &ere filed, #riminal F #ivil% The #rim% #ase &as dismissed bee#h% the $arties entered into an ami#able settlement% The #ivil #ase #ontinued but res$% &as de#lared in default for failure to file an ans&er% What res$ondent did &as merely to send a letter to the )lerk of )ourt informing the #t% about the ami#able settlement% Hel( The trial #t% should have #onsidered the letter as a res$onsive $leading even if it la#ks the formalities re>uired by la&% The letter #ontains an affirmative defense, i%e% mutual settlement &(#, if $roven in $reliminary hearing &ould #onstitute a meritorious defense barring $et% fr% re#overy% "leadings as &ell as remedial la&s should be liberally #onstrued in order that the litigant may have am$le o$$ortunity to $rove their res$e#tive #laims F to $revent $ossible denial of substantive due $ro#ess% Litigations should be de#ided on the merits not merely on te#hni#ality%

Ho@ $lle:$'#o s %$(e I Ge er$l

Rule 7, Se&. +
Every $leading shall #ontain in a methodi#al and logi#al form, a $lain, #on#ise and dire#t statement of the ultimate fa#ts on &hi#h the $arty $leading relies for his #laim or defense, as the #ase may be, omitting the statement of mere evidentiary fa#ts% *f a defense relied on is based on la&, the $ertinent $rovisions thereof and their a$$li#ability to him shall be #learly and #on#isely stated%

C$p$&#'<
Rule 7, Se&. ,
+a#ts sho&ing the #a$a#ity of a $arty to sue or be sued or the authority of a $rty to sue or be sued in a re$resentative #a$a#ity or the legal e:isten#e of an organi?ed asso#iation of $ersons that is made a $arty, must be averred% A $rty desiring to raise an issue as to the legal e:isten#e of any $arty or the #a$a#ity of any $arty to sue or be sued in a re$resentative #a$a#ity, shall do so by s$e#ifi# denial, &hi#h shall in#lude su#h su$$orting $arti#ulars as are $e#uliarly &ithin the $leader;s kno&ledge%

Al'er $'#"e &l$#%s $ ( (efe ses

Rule 7, Se&. *
A $arty may set forth t&o or more statements of a #laim or defense alternatively or hy$otheti#ally, either in one #ause of a#tion or defense or in se$arate #auses of a#tion or defenses% When t&o or more statements are made in the alternative and one of them if made inde$endently &ould be suffi#ient, the $leading is not made insuffi#ient by the insuffi#ien#y of one or more of the alternative statements%

Co (#'#o s pre&e(e '

Rule 7, Se&. 6
*n any $leading a general averment of the $erforman#e or o##urren#e of all #onditions $re#edent shall be suffi#ient%

Fr$u( $ ( =#s'$De
Rule 7, Se&. *n all averments of fraud or mistake, the #ir#umstan#es #onstituting the fraud or mistake must be stated &ith $arti#ularity% Mali#e, intent, kno&ledge or other #ondition of the mind of a $erson may be averred generally%

Co (#'#o of %# (
Rule 4, 'e#% E su$ra%

)u(:%e 's
Rule 7, Se&. 4
*n $leading a 5udgment or de#ision of a domesti# or foreign #ourt, 5udi#ial or >uasi85udi#ial tribunal, or of a board or offi#er, it is suffi#ient to aver the 5udgment or de#ision &ithout setting forth the matter sho&ing 5urisdi#tion to render it%

Off#&#$l Do&u%e 's

Rule 7, Se&. 0
*n $leading an offi#ial do#ument or offi#ial a#t, it is suffi#ient to aver that the do#ument &as issued or the a#t done in #om$lian#e &ith la&%

)om$laint

Def# e( $ ( # :e er$l
Rule 4, Se&. 6
The #om$laint is the $leading alleging the $laintiff;s #ause or #auses of a#tion% residen#es of the $laintiff and defendant must be stated in the #om$laint% The names and

T$ 'u#&o ". Repu9l#&, *3, SCRA ,*7 /A0+1

F$&'s A #ase &as filed by the ")GG vs% the Mar#oses F Tantui#o, the latter on the theory that he #ollaborated F aided the Mar#oses in #on#ealing the ill8gotten &ealth% Tantui#o filed a motion for a bill of $arti#ulars% The 'olGen o$$osed the motion saying that the matters sought by Tantui#o are evidentiary in nature F that the #om$laint &as suffi#ient as it #ontains the essential elements of a #ause of a#tion% Hel( A #om$laint is defined as a #on#ise statement of the ultimate fa#ts #onstituting the $laintiff;s #ause or #auses of a#tion% *ts offi#e or $ur$ose is to inform the defendant #learly F definitely of the #laims made vs% him so that he may be $re$ared to meet the issues at trial% The #om$laint should inform the defendant all the material fa#ts on &(# the $laintiffs rely to su$$ort his demand The #om$laint should inform the defendant of all the material fa#ts on &(# the $laintiff relies to su$$ort his demand9 it should state the theory of a #ause of a#tion &(# forms the bases of the $laintiffs #laim of liability% The rules on $leading s$eak of t&o 6A7 kinds of fa#ts the first, the Kultimate fa#tsL, F the se#ond, the Kevidentiary fa#ts%L The term Kultimate fa#tsL as used in 'e#% D, Rule D of the Rules of )ourt, means the essential fa#ts #onstituting the $laintiffs #ause of a#tion% TE'T A fa#t is essential if it #annot be stri#ken out &(o leaving the statement of the #ause of a#tion insuffi#ient%%%% 0ltimate fa#ts are im$ortant F substantial fa#ts &(# either dire#tly form the basis of the $rimary right F duty, or &(# dire#tly make u$ the &rongful a#ts or omissions of the defendant% The term does not refer to the details of $robative matter or $arti#ulars of eviden#e by &(# these material elements are to be established% *t refers to $rin#i$al, determinate, #onstitutive fa#ts, u$on the e:isten#e of &(#, the entire #ause of a#tion rests% KEvidentiary fa#tsL are those fa#ts &(# are ne#essary for determination of the ultimate fa#ts9 they are the $remises u$on &(# #on#lusions of ultimate fa#ts are based% Where the #om$laint states ultimate fa#ts that #onstitute the three 6D7 essential elements of a #ause of a#tion, namely 617 the legal right of the $laintiff, 6A7 the #orrelative obligation of the defendant, F 6D7 the a#t or omission of the defendant in violation of said legal right, the #om$laint states a #ause of a#tion, other&ise, the #om$laint must su##umb to a motion to dismiss on that ground of failure to state a #ause of a#tion% Ho&ever, &here the allegations of the #om$laint are vague, indefinite, or in the form of #on#lusions, the $ro$er re#ourse &ould be, not a motion to dismiss, but a motion for a bill of $arti#ulars%

Alle:$'#o s I :e er$l
Rule 7, Se&. +
Every $leading shall #ontain in a methodi#al and logi#al form, a $lain, #on#ise and dire#t statement of the ultimate fa#ts on &hi#h the $arty $leading relies for his #laim or defense, as the #ase may be, omitting the statement of mere evidentiary fa#ts% *f a defense relied on is based on la&, the $ertinent $rovisions thereof and their a$$li#ability to him shall be #learly and #on#isely stated% =e'ropol#'$ B$ D ". Fu#l's, *** SCRA ,74 /A061 F$&'s The $ro$erty of <uilts &as mortgaged to Metrobank to se#ure a $ersonal loan of its $res% .i?on% <uilts asked for the #an#ellation of the mortgage on the ground that .i?on had no authority to mortgage the $ro$erty% Metrobank refused% <uilts filed an a#tion vs% Metrobank for the annulment F #an#ellation of the mortgage% Metrobank moved to dismiss the #om$laint for failure to state a #ause of a#tion as the #om$laint merely #ontained a single $ar% alleging that Metrobank #ommitted illegal a#ts vs% <uilts% Hel( The #om$laint filed vs% Metrobank does not #ontain suffi#ient ),A% The #om$laint e:$resses legal #on#lusions F not averments or allegations of ultimate fa#ts% The ultimate fa#ts u$on &(# su#h #on#lusions rest must be alleged% *n )A!, the bare allegations neither establishes any right or ),A on $art of the $laintiff% =$';$< ". Co sol#($'e( B$ D, -7 SCRA F$&'s This is the #lassi# #ase of the #lass suit filed by Mathay vs% )onsolidated !ank% Mathay F )o% averred in the #om$laint that they &ere denied the right to subs#ribe shares in the !ank% All in all, the #om$laint filed by Mathay #ontained C ),A;s % Hel( !are allegations that one is entitled to something is an allegation of a #on#lusion% 'u#h kind of allegation adds nothing to the #om$laint it being ne#essary to $lead s$e#ifi#ally the fa#ts u$on &(# su#h #on#lusion is founded% *n )A!, the $et% did not sho& their >ualifi#ations to being sto#kholders nor their right to subs#ribe the shares% .id not sho& ho& they a#>uired the right, the e:tent of its e:er#ise F amount of shareholdings that they are entitled to%

C$p$&#'< of p$r'#es
Rule 7, Se&. ,
+a#ts sho&ing the #a$a#ity of a $arty to sue or be sued or the authority of a $rty to sue or be sued in a re$resentative #a$a#ity or the legal e:isten#e of an organi?ed asso#iation of $ersons that is made a $arty, must be averred% A $rty desiring to raise an issue as to the legal e:isten#e of any $arty or the #a$a#ity of any $arty to sue or be sued in a re$resentative #a$a#ity, shall do so by s$e#ifi# denial, &hi#h shall in#lude su#h su$$orting $arti#ulars as are $e#uliarly &ithin the $leader;s kno&ledge%

A&'#o s 9$se( upo $ (o&u%e '

Rule 7, Se&. .
Whenever an a#tion or defense is based u$on a &ritten instrument or do#ument, the substan#e of su#h instrument or do#ument shall be set forth in the $leading and the original or a #o$y thereof shall be atta#hed to the $leading as an e:hibit, &hi#h shall be deemed to be a $art of the $leading, or said #o$y may &ith like effe#t be set forth in the $leading%

Ans&er

Def# e( $ ( # :e er$l
Rule 4, Se&. ,
An ans&er is a $leading in &hi#h a defending $arty sets forth his defenses%

T<pes of Defe ses Ne:$'#"e

Rule C, 'e#% E6a7 .efenses may either be negative or affirmative% 6a7 A negative defense is the s$e#ifi# denial of the material fa#t or fa#ts alleged in the $leading of the #laimant essential to his #ause or #auses of a#tion%

Ho@ $lle:e(, :e er$ll<

Rule 7, Se&. +3
A defendant must s$e#ify ea#h material allegation of fa#t the truth of &hi#h he does not admit and, &henever $ra#ti#able, shall set forth that substan#e of the matters u$on &hi#h he relies to su$$ort his denial% Where a defendant desires to deny only a $art of an averment, he shall s$e#ify so mu#h of it as is true and material and shall deny only the remainder% Where a defendant is &ithout kno&ledge or information suffi#ient to form a belief as to the truth of a material averment made in the #om$laint, he shall so state, and this shall have the effe#t of a denial%

C$p$&#'< of p$r'#es
Rule 4, 'e#% J +a#ts sho&ing the #a$a#ity of a $arty to sue or be sued or the authority of a $arty to sue or be sued in a re$resentative #a$a#ity or the legal e:isten#e of an organi?ed asso#iation of $ersons that is made a $arty, must be averred% A $rty desiring to raise an issue as to the legal e:isten#e of any $arty or the #a$a#ity of any $arty to sue or be sued in a re$resentative #a$a#ity, shall do so by s$e#ifi# denial, &hi#h shall in#lude su#h su$$orting $arti#ulars as are $e#uliarly &ithin the $leader;s kno&ledge%

Ge u# e ess of (o&u%e '

Rule 7, Se&. 7
When an a#tion or defense is founded u$on a &ritten instrument, #o$ied in or atta#hed t o the #orres$onding $leading as $rovided in the $re#eding se#tion, the genuineness and due e:e#ution of the instrument shall be deemed unless the adverse $arty, under oath s$e#ifi#ally denies them, and sets forth &hat he #laims to be the fa#ts9 but the re>uirement of an oath does not a$$ly &hen the adverse $arty does not a$$ear to be $arty to the instrument or &hen #om$lian#e &ith an order for an ins$e#tion of the original instrument is refused%

Do $'o ". CA
)ontroversy over a $ar#el of land allegedly sold to defendants by Rarang by virtue of s$e#ial $o&er of attorney e:e#uted the by the mother 6de#eased7 of $laintiffs% Trial #ourt held in favor of $laintiffs on the ground that defendants failed to $resent eviden#e to $rove genuineness of the $o&er of attorney% )A Affirmed% 'u$reme )ourt held that &hile R%4, 'e#% 4 $rovides for rule on im$lied admission of the genuineness and due e:e#ution of a do#ument sub5e#t of an a#tion(defense, one e:#e$tion is &hen the adverse $arty does not a$$ear to be a $arty to the instrument% *n this #ase, their $laintiffs &ere mere &itnesses to the $o&er of attorney in >uestion% !esides, the do#ument should not be afforded $resum$tion of genuineness and due e:e#ution in vie& of the dis#re$an#ies in its e:e#ution%

Ne:$'#"e pre: $ ' PHILA=GEN ". S@ee' L# es

)ontroversy over several shi$ments of #hemi#als aboard the vessel o&ned by '&eet Lines &hi#h &ere delivered damaged and la#king in number to $laintiff "H*LAMGE-% '&eet Lines argued that the a#tion has $res#ribed sin#e the #laim for damages &ere not $resented &ithin the $eriod sti$ulated in the bills of lading% "H*LAMGE- #ontended that the bills of lading &ere not $resented in eviden#e, therefore, sin#e the tenor and e:isten#e of the sti$ulations &ere not established, it &as in#on#eivable ho& they #an #om$ly there&ith% Trial #ourt held in favor of "H*LAMGE- but )A reversed% 'u$reme )ourt held that the a#tion has already $res#ribed% !esides, $laintiff;s failure to s$e#ifi#ally deny the e:isten#e, genuineness and due e:e#ution of the instruments amounted too an admission% "H*LAMGE-;s denial has $ro#edural earmarks of a Knegative $regnantL &hi#h is a denial $regnant &ith the admission of the substantial fa#ts in the $leading res$onded to &hi#h are not s>uarely denied% 'u#h defense is in effe#t an admission of the averment% Thus, &hile they ob5e#ted to the sti$ulation in the bills of lading as being #ontrary to $oli#y, e:isten#e of the bills &ere nevertheless im$liedly admitted%

Aff#r%$'#"e
Rule C, 'e#% E6b7 6b7 An affirmative defense is an allegation of a ne& matter &hi#h, &hile hy$otheti#ally admitting the material allegations in the $leading of the #laimant, &ould nevertheless $revent or bar re#overy by him% The affirmative defenses in#lude fraud, statute of limitations, release, $ayment, illegality, statute of frauds, esto$$el, former re#overy, dis#harge in bankru$t#y, and any other matter by &ay of #onfession and avoidan#e%

Per#o(s 'o ple$(

Rule ++, Se&. +
The defendant shall file his ans&er to the #om$laint &ithin 1E days after servi#e of summons, unless a different $eriod is fi:ed by the #ourt%

Rule ++, Se&. *

Where the defendant is a foreign $rivate 5uridi#al entity and servi#e of summons is made on the government offi#ial designated by la& to re#eive the same, the ans&er shall be filed &ithin DH days after re#ei$t of summons by su#h entity%

Rule ++, Se&. 6

Where the $laintiff files an amended #om$laint as a matter of right, the defendant shall ans&er the same &ithin 1E days after being served &ith a #o$y thereof% Where its filing is not a matter of right, the defendant shall ans&er the amended #om$laint &ithin 1H days from noti#e of the order admitting the same% An ans&er earlier filed may serve as the ans&er to the amended #om$laint if no ne& ans&er is filed% This Rule shall a$$ly to the ans&er to an amended #ounter#laim, amended #ross8#laim, amended third 6fourth, et#7 $arty #om$laint, and amended #om$laint8in8intervention%

2$#"er of (efe ses

Rule 0, Se&. *
A #om$ulsory #ounter#laim, or a #ross8#laim, not set u$ shall be barred%

D#re&'or of L$ (s ". CA, +34 SCRA ,*4 /A7+1

F$&'s5 Res$% filed an a$$li#ation for #onfirmation of im$erfe#t title% The .ir% of Lands o$$osed% The trial #t% ruled in favor of res$% ,n a$$eal, the .ir% raised the argument that the a&ard to res$% is erroneous on ground of res 5udi#ata% The lots &ere already de#lared $ubli# lots in a #adastral $ro#eeding, it #annot be a&arded to the $rivate res$%

Hel(5 The failure of the .ir% to raise in the $ro#eedings before the trial #t% to inter$ose his ob5e#tion nor set u$ the defense of res 5udi#ata #onstitutes $ro#edural infirmity &(# #annot be #ured on a$$eal% All defenses not inter$osed in a motion to dismiss or in an ans&er are deemed &aived% *t #annot be $leaded for the first time or on a$$eal%

)ounter#laims
LE)T0RE ,- )LA*M' A-. ),0-TER)LA*M' L are all #ounter#laims that are not #om$ulsory $ermissiveB A -o9 $ermissive #ounter#laims need not arise from same transa#tion or o##urren#e #onstituting the sub5e#t matter of the o$$osing $arty;s #laim )om$ulsory #ounter#laim need not $ay do#ket fees sin#e an#illary to main #ase "ermissive #ounter#laim need to $ay do#ket fees sin#e has lfe inde$endent of transa#tion in main #ase A$$ly Logi#al Relationshi$ Test arising out of same transa#tion *f there is du$li#ation of effort and time, then #om$ulsory #ounter#laim R,) if #ounter#laim only for sum of money less 5uridi#al limit, &ithin RT) 5urisdi#tion via #om$ulsory($ermissive #ounter#laim )ross#laims al&ays #om$ulsory sin#e arise from same transa#tion or o##urren#e that is the sub5e#t matter of the #om$laint% Mandatory to raise it or else barred forever GO V CA L Go did not sue Lim sin#e business $artners or didn;t &ant to s$end more, et#% ') &anted Go to sue Lim, &ondered &hyB L see that ') not a#>uainted &ith business $ra#ti#es Test if " #hose to sue only one ", then the other " #an be 5oined as $arty Lim #ould have been ne#essary $arty thus )lover v Go Go #an file Drd $arty #om$laint v% Lim L .o all Drd $arty #om$laints arise from the same transa#tion or >uestion of la&B A -o eg% *nsuran#e and torts Test if Drd $arty . #an be subrogated for . and . #an raise same defense 6Rule 1J7 PASCUAL V BAUTISTA L ') did not rule on W(- Drd $arty #om$laint $ro$ert sin#e not $ut in issue% Here, D rd8$arty #om$laint, sin#e an#illary, then left behind, not #arried &ith main #ause of a#tion on a$$eal 6.ifferentiate from RE"0!L*) / )E-TRAL '0RET= &here )A a#>uired 5urisdi#tion sin#e )entral 'urety a$$ealed7 'in#e +lores did not a$$eal, )A did not a#>uire a$$ellate 5urisdi#tion over him

Def# e( $ ( # :e er$l
Rule 4, Se&. 4
A #ounter#laim is any #laim &hi#h a defending $arty may have against an o$$osing $arty%

Rule 4, Se&. .
A #om$ulsory #ounter#laim is one &hi#h, being #ogni?able by the regular #ourts of 5usti#e, arises out of or is #onne#ted &ith the transa#tion or o##urren#e #onstituting the sub5e#t matter of the o$$osing $arty;s #laim and does not re>uire for its ad5udi#ation the $resen#e of third $arties of &hom the #ourt #annot a#>uire 5urisdi#tion% 'u#h a #ounter#laim must be &ithin the 5urisdi#tion of the #ourt both as the amount and the nature thereof, e:#e$t that in an original a#tion before the RT), the #ounter#laim may be #onsidered #om$ulsory regardless of the amount%

!A +inan#e v% )o, AAJ ')RA 1CD 6P2D7

F$&'s .oes the dismissal of the #om$laint for non8a$$earan#e of $laintiff at $re8trial u$on motion of the defendant #arry &( it the dismissal of #om$ulsory #ounter#laimB *n )A!, the $laintiff did not a$$ear at

$re8trial, the defendant moved for the dismissal of the #om$laint% The same &as granted% -o&, the defendant moves for an ad5udi#ation of his #om$ulsory #ounter#laim% Hel( =E'% )om$ulsory #ounter#laim is also dismissed% There are several re>uirements of a #om$ulsory #ounter#laim T *t arises out or is ne#essarily% #onne#ted &( the transa#tion or o##urren#e that is the sub5% matter of the o$$osing $arties #laim% T *t does not re>uire the $resen#e of third $arties of &hom the #t% #annot a#>uire 5urisdi#tion% T The trial #t% has 5urisdi#tion to entertain the same% The test of #om$ulsoriness is W,- the same eviden#e to sustain it &ould refute the $laintiff;s #ause of a#tion% *n )A!, the #om$ulsory #ounter#laim #annot remain $ending for inde$endent ad5udi#ation% The )) is au:iliary to the $ro#eeding in the original suit F merely derives its 5urisdi#tional su$$ort fr% the orig% #ase% *f the #t% has no or loses 5urisdi#tion over the main #ase, it has no 5urisd:n over the #om$% #ounter#laim% *n )A!, the #t% has lost 5urisd:n% over the main #ase by virtue of its dismissal u$on motion by the defendant%

Reyes v% )A, D4 ')RA 1D4 6P317

F$&'s Reyes &ere lessees of a bldg% o&ned by @ala&% @ala& sought the e5e#tment of Reyes% Reyes filed an a#tion &( )ity )ourt for $rel% in5un#tion F @ala& filed a #ounter#laim for damages% The )A ultimately a&arded tem$erate damages in favor of @ala&% Hel( The a&ard of tem$% damages is in error% the damages #ontem$lated in a for#ible entry F detainer #ases like the one at bar means rents F reasonable #om$ensation or for use of the $ro$erty e:#luding $rofits &(# might be re#eived% The issue in this kind of suit is merely $ossession% *n )A!, &hile the damages arose out of the same transa#tion, these are not ));s be#% they e:#eed the 5urisdi#tion of the inferior #t%% The rule on bars to ##, meaning the #ounter#laim #annot be set u$ in a differen#e% #ase if not set u$ in the main #ase, a$$lies only &hen the inferior #t% involved has 5urisdi#tion over the #laim% The reason for barring ## not set u$ in an orig% #ase is to avoid multi$li#ity of suits F to dis$ose of the &hole matter in #ontroversy in one a#tion F ad5ustments of defendants demand by #ounter#laim%

Ma#eda v% )A, 13C ')RA JJH 6P427

F$&'s Three e5e#tment #ases &ere filed in the MT) vs% Ma#eda% Ma#eda set u$ a #ounter#laim amounting to AJH,HHH% The RT) granted Ma#eda;s #ounter#laim% The )A denied the grant on a$$eal% Hel( The )A #orre#tly ruled that the MT) did not have original 5urisdi#tion over the #ounter#laim as it e:#eeds AH,HHH, #orres$ondingly, the RT) #ould not have a$$ellate 5urisdi#tion over the #laim% Thus, the a&ard to Ma#eda is invalid for la#k of 5urisdi#tion% The 5urisdi#tion of the MT) in a #ivil a#tion is limited to a demand that does not e:#eed AH,HHH e:#lusive of interests F #osts but in#lusive of damages of &hatever kind% A #ounter#laim in a muni#i$al or #ity #t% beyond that 5urisdi#tional limit may be $leaded only by &ay defense to &eaken the $laintiff;s #laim but not to obtain affirmative relief%

Ho@ r$#se( I &lu(e( # $ s@er

Rule 4, Se&. 0
A #ounter#laim may be asserted against an original #ounter#laimant% A #ross8#laim may also be filed against an original #ross8#laimant%

Rule ++, Se&. 7

A #om$ulsory #ounter#laim or a #ross8#laim that a defending $arty has at the time he filed his ans&er shall be #ontained therein%

Af'er $ s@er
Rule C, 'e#% 2 su$ra% Rule 11, se#% 2 A #ounter#laim or a #ross8#laim &hi#h either matured or &as a#>uired by a $arty after serving his $leading may, &ith the $ermission of the #ourt, be $resented as a #ounter#laim or a #ross8#laim by su$$lemental $leading before 5udgment%

Rule ++, Se&. +3

When a $leader fails to set u$ a #ounter#laim or a #ross8#laim through oversight, inadverten#e, or e:#usable negle#t, or &hen 5usti#e re>uires, he may, by leave of #ourt, set u$ the #ounter#laim or #ross8 #laim by amendment before 5udgment%

I &r#%# $l $&'#o s
Rule 111, 'e#% 1 Rule 112, 'e#% D

'hafer v% RT) Judge, 1C3 ')RA D4C 6P447

F$&'s 'hafer is the o&ner of a #ar involved in an a##ident% A #ase &as filed vs% him for re#kless im$ruden#e% 'hafer filed a third $arty #om$laint im$leading his insurer% The T") &as dismissed u$on motion by the ins% #o% on the ground that 'hafer has to $ay first F found liable before the insurer #ould be made to $ay the #laim% 'hafer alleges that the dismissal of the T") amounts to a denial or #urtailment of his right to defend himself in the #ivil as$e#t of the #ase% Hel( The lo&er #t% erred in dismissing the T") on the ground that there is no ),A vs% the ins% #o% There is no need on the $art of the insured to &ait for the de#ision of the trial #t% finding him guilty of re#kless im$ruden#e% The o##urren#e of the in5ury to third $arty immediately gave rise to the liability of the insurer% A third $arty #om$laint is a devi#e allo&ed by the R,) by &(# the defendant #an bring into the original suit a $arty vs% &hom he &ill have a #laim for indemnity or remuneration as a result of a liability established vs% him in an original suit% T");s are allo&ed to minimi?e the number of la&suits established vs% him to avoid the ne#essity% of t&o or more la&suits involving the same sub5% matter%

Javier v% *A), 131 ')RA CHE 6P427

F$&'s A #ase for violation of !" AA &as filed vs% res$% Res$% on his $art filed a se$arate #ivil a#tion in another #t% for damages alleging that the #he#k &as issued through fraud F de#e$tion $ra#ti#ed u$on him by the $et% the $et% filed a motion to dismiss the se#ond #ase on grounds of la#k of 5urisdi#tion F litis $endentia% The same &as denied% Hel( The lo&er #t% should dismiss the se#ond #ase for damages% As the #ivil a#tion &as not reserved by the $et% in the orig% #ase, it is deemed im$liedly instituted &( the #rim% #ase in the RT) in a##ordan#e% &( Rule 111 'e#% 1% *t &as before the RT) &here res$% #ould have e:$lained &hy he had issued the #he#k% The #ivil a#tion filed by res$% based on the same a#t should be deemed filed in the same RT) too% He #ould have done this by &ay of a #ounter#laim for damages for the alleged de#e$tion of the $et% *n fa#t, the #ounter#laim is #om$ulsory F #ould have been also set u$ as an affirmative defense%

?# (s of &ou 'er&l$#%s Co%pulsor<

Rule C, 'e#% 3, su$ra% Rule 2, 'e#% A, su$ra%

Meliton v% )A, A1C ')RA J4E 6P2A7

F$&'s Iiga filed a #om$laint ad5a#ent Meliton for res#ission of a #ontra#t of lease% Meliton ans&ered &( #ounter#laims% Iiga filed an MT. F the same &as granted% The )) of Meliton &as dismissed &(o $re5udi#e on the ground that the do#ket fees &ere not $aid, the #t% did not a#>uire 5urisdi#tion over the #ounter#laim% Meliton instituted a se$arate% #ivil a#tion for his #ounter#laim but the same &as dismissed on the ground that his #laims are #om$ulsory F should have been set u$ in the #ase filed vs% him by Iiga% Meliton;s failure to do so amounted to a bar to a filing of a subse>uent #ase based on the same ground% Hel(5 While it is true that the #ounter#laim of Meliton satisfies the re>uisites of a #om$ulsory #ounter#laim, in )A!, the ') allo&ed Meliton to file a se$arate% #ivil a#tion on the #ounter#laim% The ') held that 'e#% J of Rule 2 is not a$$li#able bee#h% 17 Meliton set u$ the )) in the $rior #ase but the same &as dismissed% A7 The $rior #ase &as ad5udi#ated not on the merits so that res 5udi#ata &ould not lie% D7 the first #ounter#laim &as dismissed by the RT) on the ground of L,J% J7 *n the RT) order, there &as a reservation for the filing of a se$arate% #ase based on the #ounter#laim% The lo&er #t% in the $rior #ase erred in dismissing the #ounter#laim for non8$ayment of do#ket fees% The lesson of Man#hester $rovides that $ayment of do#ket fees for $ur$oses of assuming 5urisdi#tion over

the #laim is ne#essary only for $ermissive #ounter#laims F does not a$$ly for #om$ulsory #ounter#laims like the one at bar% TEST OF CO=PULSORINESS E:isten#e of a logi#al relationshi$ bet&een the #laim in the #om$laint F the #ounter#laim% Where #ondu#ting se$arate trials of the res$e#tive #laims &ould entail substantial du$li#ation of effort F time F involves many of the same fa#tual F legal issues%

Lim Tanhu v% Ramolete, CC ')RA JAE 6P3E7

F$&'s This is the DHMM $age #ase &(# &as so diligently digested by Miss 'e#retary Lourie but &as not dis#ussed in #lass 6Ang bitterU7% 0$on motion of the $laintiff, J of the C defendants &ere de#lared in default &hile the #ase vs% the remaining t&o &ere dismissed u$on motion by the $laintiff% Hel( The res$ondent 5udge erred in dismissing the A defendants fr% the #ase% The res$ondent 5udge disregarded the e:isten#e of a #ounter#laim &(# the 5udge earlier de#lared to be #om$ulsory in nature% A #ounter#laim is #om$ulsory nature if it arose out of or is ne#essarily #onne#ted &( the o##urren#e that is the sub5e#t matter of the $laintiff;s #laim% *t is #om$ulsory not only be#% the same eviden#e to sustain it &ill also refute the #ause of a#tion alleged in $laintiff;s #om$laint but also be#% fr% its very nature it is obvious that the #ounter#laim #annot remain $ending for inde$endent ad5udi#ation of the #t%% 6 see Rule 13 'e#% A 7

Per%#ss#"e Re%e(#es
+or failure to raise Rule 2, 'e#% A, su$ra% V#s$<$ P$&D# : ". Rep$r$'#o s Co%%#ss#o , +-- SCRA -,* /A7.1 F$&'s RE"A),M sought to #olle#t vs% /isayan% /isayan instituted an a#tion for de#laratory relief alleging that the #ontra#t bet% them is ambiguous &( res$e#t to its failure to define #learly the terms of $ayment% RE"A),M then filed an ordinary #ivil a#tion for #olle#tion% /isayan moved to dismiss the #olle#tion suit on the ground of L),A% Hel( The se$arate% #olle#tion suit should have been dismissed F set u$ as a )) in the de#laratory relief suit filed by /isayan $a#king by &ay of an amended ans&er% *n )A!, the a#tions $ro#eeded inde$endently F &ere de#ided on the merits% Ho&ever, under the #ir#% &here the length of time the #ase has been $ending, it &ould be violative to subs% 5usti#e to $ronoun#e the $ro#eedings in the #olle#tion suit totally defe#tive for brea#h of the rule on #om$ulsory #ounter#laim% Rules of "ro#edure are after all laid do&n to attain 5usti#e F te#hni#alities #annot $revail over substan#e% ,versight, inadverten#e, e:#usable negle#t, et al Rule 11, 'e#% 1H, su$ra%

!A +inan#e v% )o, AAJ ')RA 1CD 6P2D7

F$&'s .oes the dismissal of the #om$laint for non8a$$earan#e of $laintiff at $re8trial u$on motion of the defendant #arry &( it the dismissal of #om$ulsory #ounter#laimB *n )A!, the $laintiff did not a$$ear at $re8trial, the defendant moved for the dismissal of the #om$laint% The same &as granted% -o&, the defendant moves for an ad5udi#ation of his #om$ulsory #ounter#laim% Hel( =E'% )om$ulsory #ounter#laim is also dismissed% There are several re>uirements of a #om$ulsory #ounter#laim T *t arises out or is ne#essarily% #onne#ted &( the transa#tion or o##urren#e that is the sub5% matter of the o$$osing $arties #laim% T *t does not re>uire the $resen#e of third $arties of &hom the #t% #annot a#>uire 5urisdi#tion% T The trial #t% has 5urisdi#tion to entertain the same% The test of #om$ulsoriness is W,- the same eviden#e to sustain it &ould refute the $laintiff;s #ause of a#tion% *n )A!, the #om$ulsory #ounter#laim #annot remain $ending for inde$endent ad5udi#ation% The )) is au:iliary to the $ro#eeding in the original suit F merely derives its 5urisdi#tional su$$ort fr% the orig% #ase% *f the #t% has no or loses 5urisdi#tion over the main #ase, it has no 5urisd:n over the #om$% #ounter#laim% *n )A!, the #t% has lost 5urisd:n% over the main #ase by virtue of its dismissal u$on motion by the defendant%

In case (ain action fails

+or failure to raise $ermissive #ounter#laims

A s@er 'o &ou 'er&l$#% I :e er$l

Rule C, 'e#% J, su$ra%

Per#o( 'o ple$(

Rule ++, Se&. ,
An #ounter#laim or #ross8#laim must be ans&ered &ithin 1H days from servi#e%

Repl< Def# e( $ ( # :e er$l

Rule 4, Se&. +3
A re$ly is a $leading, the offi#e of &hi#h is to deny, or allege fa#ts in denial or avoidan#e of ne& matters alleged by &ay of defense in the ans&er and thereby 5oin or make issue as to su#h ne& matters% *f a $arty does not file su#h re$ly, all the ne& matters alleged in the ans&er are deemed #ontroverted% *f a $laintiff &ishes to inter$ose any #laims arising out of the ne& matters so alleged, su#h #laims shall be set forth in an amended or su$$lemental #om$laint%

2;e reBu#re(
Rule C, se#% 1H, su$ra%

C;$lle :e (ue $u';e '#&#'< of (o&u%e 's

Rule 4, 'e#% 4, su$ra%

Usur<
Rule 2, se#% 1

Per#o( 'o ple$(

Rule ++, Se&. 4
A re$ly may be filed &ithin 1H days from servi#e of the $leading res$onded to%

T;#r(GFour'; P$r'< Co%pl$# ' Def# e(

Rule 4, se&. ++
A third 6fourth,et#%78$arty #om$laint is a #laim that a defending $arty may, &ith leave of #ourt, file against a $erson not a $arty to the a#tion, #alled the third 6fourth, et#78$arty defendant, for #ontribution, indemnity, subrogation or any other relief, in res$e#t of his o$$onent;s #laim%

Go v% )A, AAJ ')RA 1JD 6P2D7

F$&'s )lover delivered denim garments to Go but the latter refused to $ay on the ground that he re#eived the goods fr% Lim to &hom he already made $ayments% Lim &as made a &itness for Go instead of being im$leaded as a third $arty def% Hel( Lim should have been im$leaded as a third $arty def% Go should still $ay% A third $arty #om$laint is a #laim that a def% may &( leave of #t% file vs% a third $erson not $arty to the a#tion #alled third $arty def% for #ont% indemnity, subrogation or any other relief in res$e#t to o$$onent;s #laim% *n )A!, if $ayments to Lim &ere true, then Go #ould have im$leaded him as a T". for relief vs% )lover;s #laim vs% him%

"as#ual v% !autista, DD ')RA DH1 6P3H7

F$&'s The issue involved in this #ase is the nature of a third $arty #om$laint% *s a third $arty #om$laint arising fr% the same transa#tion or o##urren#e a se$arate a#tion fr% the main #om$laintB Hel( A T") is similar to a #ross8#laim in that a T") $laintiff seeks to re#over fr% another $erson some relief &( res$e#t to the o$$osing $arty;s #laim but it differs fr% a #ross8#laim in that in #ross8#laims, the third $arty is already im$leaded in the main a#tion &hile in T"), the def% seeks to im$lead a third $arty not yet in#lude in the main a#tion% A #ounter#laim does not de$end u$on the main #laim but rests on W,- the #laim is based or related to the same transa#tion% A T"), the relation must be to the #laim, to the ),A F not to the transa#tion fr% &(# the #laim arises%

!albastro v% )A, J4 ')RA ADA 6P3A7

F$&'s There are t&o $ersons #ontesting the right to re#eive rental $ayments of !albastro% the Latter filed an a#tion for inter$leader F #onsignation vs% the t&o #laimants% ,ne #laimant, +ernande? then filed a third V$arty #om$laint vs% !albastro for refusing to $ay the rents to him% !albastro moved to dismiss the T") but the RT) F )A denied the motion% Hel( A T") has the follo&ing re>uisites% T The #om$laint should assert a derivative( se#ondary #laim for relief fr% the third $arty defendant% T The third $arty should not be a $arty to the a#tion, other&ise, the #laim should be a #ounter#laim or #ross8#laim T )laim vs% the third $arty def% must be based on the $ltf% #laim vs% the orig% def% Thus, #iting the #ase of )a$ayas, K the test to determine W,- to allo& a T") is W,- it arises out of the same transa#tion on &(# $ltf;s #laim is based o retired $arty;s #laim, though arising out of a different transa#tion or #ontra#t is #onne#ted &( $ltf;s #laim% Absent a ne:us bet&een third $arty def% F third $arty $ltf% sho&ing strong eviden#e of a se#ondary or derivative liability of former in favor of the latter, no third $arty #om$laint may be allo&ed% Ho&ever, in the )A!, in lieu &( the $oli#y of avoiding multi$li#ity of suits, the ') allo&ed the T") of +ernande?% Repu9l#& ". Ce 'r$l Sure'<, *- SCRA 4,+ /A471 F$&'s Re$% filed an a#tion vs% )entral 'urety for forfeiture of the bond it issued &hen "o @ee @am, a def% in )*. $ro#eedings failed to a$$ear % The 'urety filed a T") vs% "o @ee @am on ground that the latter e:e#uted an indemnity agreement in favor of the surety% The T) dismissed the T") on the ground that the Drd $arty #laim is only C,HHH% Hel( A T") is an an#illary suit &(# de$ends on the 5urisdi#tion of the #t% over the main a#tion% Jurisdi#tion over the main a#tion embra#es all the in#idental matters arising therefr% or #onne#ted there&(, other&ise there &ould be s$lit 5urisdi#tion% The T") is a #ontinuation of the main a#tion the $ur$ose of &(# is to seek #ontribution or any other relief in res$% to o$$onents #laim% Thus, regardless of L,J over the amount in T"), &hen #t% has 5urisd:n% over main a#tion, it has 5urisd:n% over the T")% *n T"), the defendant sue in #a$a#ity he is being sued &( res$% to $ltf% #laim in the main a#tion% the def% #annot #om$el the $ltf% to im$lead the third $arty def% There must also be $rivity of #ontra#t in relation to the $ro$erty in litigation% TEST there must be a sho&ing that su#h third $arty is or might be liable to the def% or $ltf% for all or $art of the #laim vs% the def% T W,- it arises out of the same transa#tion on &(# $ltf;s #laim is based% 6 )A/EAT7 The #t% must &ait before the Drd $arty def% files his ans&er before $ro#eeding to trial sin#e before the ans&er, the #ase is not yet ready for trials as issues have not yet been 5oined% Remedies &hen denied

A))eal, De Dios v+ 5ala.ot, 67 SCRA 897

F$&'s This is an a#tion for re#overy of $ossession of land filed by .e .ios v% !alagot% the latter filed a third $arty #om$laint fr% his alleged seller of the lot% The T") &as denied%

Hel( The remedy for an order denying motion to file T") is A""EAL% An order disallo&ing T") is a$$ealable to enfor#e the vendor;s &arranty vs% evi#tion sin#e it leaves no other alternative to enfor#e su#h &arranty% Remember 'ales, &here the vendee must file an a#tion vs% the vendor to make him liable for brea#h of &arranty vs% evi#tion% 6 Art% 1EE2 ))8 the vendee may do this in t&o &ays% 17 As a #o8 defendant% A7 As a third $arty def%7 The a$$eal &ould finally dis$ose of !alagot;s rights to enfor#e the &arranty%

A s@er 'o ';#r(Gfour'; p$r'< &o%pl$# ' I :e er$l

Rule 4, Se&. +6
A third 6fourth, et#%78$arty defendant may allege in his ans&er his defenses, #ounter#laims or #ross8 #laims, in#luding su#h defenses that the third 6fourth, et#78$arty $laintiff may have against the original $laintiff;s #laim% *n $ro$er #ases, he may also assert a #ounter#laim against the original $laintiff in res$e#t of the latter;s #laim against the third8$arty $laintiff%

T#%e 'o ple$(

Rule ++, Se&. The time to ans&er a third 6fourth, et#%78$arty #om$laint shall be governed by the same rule as the ans&er to the #om$laint%

EH'e s#o of '#%e 'o ple$(

Rule ++, Se&. ++
0$on motion and on su#h terms as may be 5ust, the #ourt may e:tend the time to $lead as $rovided in these Rules% The #ourt may also, u$on like terms, allo& an ans&er or other $leading to be filed after the time fi:ed by these Rules%

For%$l ReBu#re%e 's

Rule 3 'e#% 1 C$p'#o The #a$tion sets forth the name of the #ourt, the title of the a#tion, and the do#ket number if assigned% The title of the a#tion indi#ates the names of the $arties% They shall be named in the original #om$laint or $etition9 but in subse>uent $leadings, it shall be suffi#ient if the name of the first $arty in ea#h side be stated &ith an a$$ro$riate indi#ation &hen there are other $arties% Their res$e#tive $arti#i$ation in the #ase shall be indi#ated%

Se&. * T;e 9o(<

The body of the $leading sets forth its designation, the allegations of the $arty;s #laims or defenses, the relief $rayed for, and the date of the $leading% 6a7 P$r$:r$p;s 8 The allegations in the body of a $leading shall be divided into $aragra$hs so numbered as to be readily identified, ea#h of &hi#h shall #ontain a statement of a single set of #ir#umstan#es so far as that #an be done &ith #onvenien#e% A $aragra$h may be referred to by its number in all su##eeding $leadings% 6b7 He$(# :s 8 &hen A or more #auses of a#tion are 5oined, the statement of the first shall be $refa#ed by the &ords KLfirst #ause of a#tionL of the se#ond by Kse#ond #ause of a#tionL, and so on for the others% When one or more $aragra$hs in the ans&er are addressed to one of several #auses of a#tion in the #om$laint, they shall be $refa#ed by the &ords Kans&er to the first #ause of a#tionL, or Kans&er to the

se#ond #ause of a#tionL and so on9 and &hen one or more $aragra$hs of the ans&er are addressed to several #auses of a#tion, they shall be $refa#ed by the &ords to that effe#t% R Rel#ef 8 The $leading shall s$e#ify the relief sought, but it may add a general $rayer for su#h further or other relief as may be deemed 5ust or e>uitable% d7 D$'e 8 Every $leading shall be dated%

Se&. 6 S#: $'ure $ ( $((ress

Every $leading must be signed by the $arty or #ounsel re$resenting him, stating in either #ase his address &hi#h should not be a $ost offi#e bo:% The signature of #ounsel #onstitutes a #ertifi#ate by him that he has read the $leading9 that to the best of his kno&ledge, information and belief there is good ground to su$$ort it9 and that it is not inter$osed for delay% An unsigned $leading $rodu#es no legal effe#t% Ho&ever, the #ourt may, in its dis#retion, allo& su#h defi#ien#y to be remedied if it shall a$$ear that the same &as due to mere inadverten#e and not intended for delay% )ounsel &ho deliberately files an unsigned $leading, or signs a $leading in violation of this Rule, or alleges s#andalous or inde#ent matter therein, or fails to $rom$tly re$ort to the #ourt a #hange of his address, shall be sub5e#t to a$$ro$riate dis#i$linary a#tion%

Se&. , Ver#f#&$'#o
E:#e$t &hen other&ise s$e#ifi#ally re>uired by la& or rule, $leadings need not be under oath, verified or a##om$anied by affidavit% A $leading is verified by an affidavit that the affiant has read the $leading and that the allegations therein are true and #orre#t of his kno&ledge and belief% A $leading re>uired to be verified &hi#h #ontains a verifi#ation based on Kinformation and beliefL, or u$on Kkno&ledge, information and beliefL, or la#ks $ro$er verifi#ation shall be treated as an unsigned $leading%

Se&. - Cer'#f#&$'#o $:$# s' foru% s;opp# :

The $laintiff or $rin#i$al $arty shall #ertify under oath in the #om$laint or other initiatory $leading asserting a #laim for relief, or in a s&orn #ertifi#ation anne:ed thereto and simultaneously filed there&ith 6a7 that he has not theretofore #ommen#ed any a#tion or filed any #laim involving the same issues in any #ourt, tribunal or >uasi85udi#ial agen#y and, to the best of his kno&ledge, no su#h other a#tion or #laim is $ending therein9 6b7 if there is su#h other $ending a#tion or #laim, a #om$lete statement of the $resent status thereof9 and 6#7 if he should thereafter learn that the same or similar a#tion or #laim has been filed or is $ending, he shall re$ort that fa#t &ithin E days therefrom to the #ourt &herein his aforesaid #om$laint or initiatory $leading has been filed% +ailure to #om$ly &ith the foregoing instruments shall not be #urable by mere amendment of the #om$laint or other initiatory $leading but shall be #ause for the dismissal of the #ase &ithout $re5udi#e, unless other&ise $rovided, u$on motion and after hearing% The submission of a false #ertifi#ation or non8#om$lian#e &ith any of the undertakings therein shall #onstitute indire#t #ontem$t of #ourt, &ithout $re5udi#e to the #orres$onding administrative and #riminal a#tions% *f the a#ts of the $arty or his #ounsel #learly #onstitute &illful and deliberate forum sho$$ing, the same shall be ground for summary dismissal &ith $re5udi#e and shall #onstitute dire#t #ontem$t, as &ell as a #ause for administrative san#tions

LECTURE ON STAGES OF TRIAL5 W,R. GAME Motion re>uest for interlo#utory order related to relief $rayed for in $leading "leading sets forth ultimate fa#ts and defenses )om$laint $leading that starts off #ivil a#tion Ans&er defense against #laims in #om$laint and $resent issues in #ase *ssue allegation denied Allegation ultimate fa#t

L .istinguish bet&een )on#lusion of La&9 0ltimate +a#ts9 and Evidentiary +a#ts -on8issue if a7 not alleged therefore not need to be denied b7 a##e$tan#e of allegation .efense tends to defeat #laim as alleged in #om$laint L $rayer &ould be to dismiss for fa#t of merit )ounter#laim if ans&er &ith affirmative relief -egative defenses &hi#h fa#tual allegations in #om$laint alleged as issues *ssues allegations and denials 5oined General denial a##e$t everything admission of everything it s$e#ifi#ally denies ea#h and every allegation made by the $laintiff therefore, no fa#tual issues anymore and so no more need to go through trial or $re8trial L )ounsel for " file motion for 5udgment on the $leading '$e#ifi# denial $ro$er >ualified, under oath and allege la#k of kno&ledge or information suffi#ient to su$$ort a belief 6W*T7 Affirmative defense defeats allegations #ontained in #om$laint Effe#t if able to $rove during hearing, then entire $leading of the other $arty is defeated Eg% .efense of La#k of 5urisdi#tion or failure to undergo a #ondition $re#edent% *t is a ne& matter% Hy$otheti#al admission but still avoidan#e% Relief $rayed for is dismissal of #om$laint 0nlike )ounter#laim raises a relief other than dismissal of #om$laint9 al&ays allege a ne& matter &ill have s$e#ifi# and general denials% )om$ulsory #ounter#laim arises from the same transa#tion or relation% *f not set u$ immediately, deemed barred Test the logi#al relationshi$ test 8 if there is substantial du$li#ation of efforts or that the same set of eviden#es &ill be used to $rove the #om$laint and the #ounter#laim Re$ly if no re$ly, matters raised in #ounter#laim deemed in#ontroverted *f &ith re$ly, all ne& matters raised in ans&er deemed #ontroverted Re$ly ne#essary &hen need to #hallenge ne& matters raised by affirmative defense% )an;t rely on im$lied setting u$ of s$e#ifi# denial .o#ument res i$sa lo>uitur thing s$eaks for itself .eny under oath a7 genuineness and due e:e#ution of the do#ument b7 usury #harges

L5 A%e (e( $ ( Supple%e '$l Ple$(# :s

Joinder of "arties arises from the same transa#tion or #ommon >uestion of fa#t or la& Joinder of )auses of A#tion so long as the #ourt has 5urisdi#tion, $arty #an raise all #auses of a#tion bet&een the original " and . " #an raise all #auses of a#tion against . arising from different sour#es but if #ourt has no J over the #ause of a#tion, #an;t 5oin #ause of a#tion !ut if #om$laint filed &ith the RT)+ for a sum of money, if the sum is &ithin RT);s 5urisdi#tion, then #an raise *f you &ant to bring in a ne& ., need to find #ommonality in #ause of a#tion originally raised, not #ommonality of $arties )ounsel for . Remedies &hen a #om$laint is filed 6note . must &ait until #ourt a#>uires 5urisdi#tion and serves him &ith summons 6servi#e, not summons, if #ourt sends him other $leadings7 or he #an voluntarily a$$ear and let the #ourt a#>uire 5urisdi#tion over him file bill of $arti#ulars9 file motion for e:tension of time for filing a $leading and file an amended $leading ( su$$lemental $leading +inal ,rder(.ismissal 1% MT. 6filed by .7 1% .ismissal of a#tion by noti#e or motion 6filed by "7 1% .efault 6. not a#t7

1% -on8sut 6" a#ts mali#iously and not do &hat is re>uired of him Rule 13 se#% D ,r " a#ts $assively7 L the trial is not about 5usti#e, it;s about &hat you #an $rove

Rule +6 Ser"#&e of Ple$(# :s

)overage, Rule 1D, 'e#s% 1, J +iling

Def# e(, Rule +6, Se&. *

Ho&, Rule 1D, 'e#% 1A "roof of +iling, Rule 1D, 'e#% 1A

Service
.efined, Rule 1D, 'e#% 1A Modes of 'ervi#e Generally, Rule 1D, 'e#% E, 'e#% 11 "ersonal, Rule 1D, 'e#% C Registered Mail, Rule 1D, 'e#% 3 'ubstituted 'ervi#e, Rule 1D, 'e#% 4

E&;$us ". CA
F$&'s5 '$ouses Gon?ales file a#tion for #olle#tion of debt vs% E#haus% )t% orders E to $ay% E files &( ') #ertiorari to set aside de#ision, denied9 then mandamus to allo& a$$eal, granted% E files &( T) 0rgent Motion to Transmit Re#ord on A$$eal to )A% At the hearing, Judge verbally a$$roves the re#ord on a$$eal in abeyan#e, until resolution of G$s Motion for E:e#ution of the T) 5udgment% E asks )A to order Judge to #om$ly &( ') de#ision, denied% )A says no &illful refusal on $art of Judge to #om$ly &( order% E goes to '), says her a$$eal had been $erfe#ted &hen the Judge verbally a$$roved the re#ord on a$$eal% Hel( The oral order a$$roving the re#ord on a$$eal had no 5uridi#al e:isten#e9 to give it that e:isten#e it had to be redu#ed to &riting F $romulgated 6filed &( #lerk of #t%7% !ut even if it had been &ritten F $romulgated, even if it had already been $ro$erly served on the $arties, it still &as &(in the $o&er of the Judge to re#all it F set it aside% +or every #t% has the inherent $o&er to amend its $ro#ess F orders so as to make them #onform to la& F 5usti#e% -o 5udgment, or order &hether final or interlo#utory, has 5uridi#al e:isten#e until F unless it is set do&n in &riting, signed F $romulgated, i%e%, delivered by Judge to #lerk of #t% for filing, release to the $arties F im$lementation F even after this, it does not bind the $arties unless F until noti#e thereof is duly served on them by any of the modes $res#ribed by la&% 'ervi#e of Judgments, +inal ,rders or Resolutions, Rule 1D, 'e#% 2 )om$leteness of 'ervi#e, Rule 1D, 'e#% 1H

Proof of Service, Rule 13, Sec. 12, 13

'ee also ') )ir#ular -o% 12821

Rule +, Su%%o s
.efinition and $ur$ose .uty to issue, Rule 1J, 'e# 1, E +orm

Co 'e ', Rule +,, Se& *

*f &ith leave of #ourt, Rule 1J, 'e#% 13

W o !erve!, Rule 1", Sec 3 O# W o$,

I :e er$l, Rule +,, Se& +, 4

Entity &ithout 5uridi#al $ersonality, Rule 1J, 'e# 4

Asso&#$'#o s, Rule +,, Se& 0

.omesti#, Rule 1J, 'e# 11

Rebolido v% )A, 13H ')RA 4HH 612427

F$&'s "e$si )ola &as served summons, in #onne#tion &( a #ase for damages arising fr% vehi#le8 #ollision, through 'ison &ho re$resented herself as a $erson authori?ed to re#eived #t% $ro#ess as she &as a se#retary of the legal de$t% of "e$si )ola% Later, "e$si )ola &as dissolved, F all its debts F liabilities &ere assumed by "E"'*),% Mean&hile, "e$si )ola &as de#lared in default in the aforementioned #ase, F &rit of e:e#ution &as served on "E"'*),% The latter no& moves to va#ate 5udgment, alleging la#k of 5urisdi#tion of the #t% as the summons &as served on the legal se#retary of "e$si )ola, not "E"'*),% Hel( There &as valid servi#e of summons% 1% Although "e$si )ola &as already dissolved &hen summons &as served, the same may be served u$on the sa(e )erson u)on "ho( the )rocess could be served before the dissolution+ Therefore, servi#e to any of the $ersons in R 1J 'e#% 1D is allo&ed% A% "ur$ose of 'ummons To render it reasonably #ertain that #or$oration &ill re#eive $rom$t F $ro$er noti#e in an a#tion vs% it% D% Liberal *nter$retation of 'e#% 1D That there is Substantial Co()liance &( the re>uirement of 'e#% 1D if the )ur)ose for the service of su((ons is attained, 0 the )erson served :ne" "hat to do "; the le.al )a)ers served u)on hi(+ Su%%#' Tr$(# : ". A"e ($ o, +,4 SCRA +0. /+0741 F$&'s *n #onne#tion &( a #ase for redem$tion of lots filed vs% 'T 6Ty$eU7, summons &ere served on the 'e#retary of the "resident of 'ummit Trading% 'T &as later held in default% Judgment &as rendered vs% it% 'T filed M+R #ontending that #t% in the first $la#e did not a#>uire 5urisdi#tion over the #om$any &hen it served summons on the 'e# of the "res% &ho is not an agent of the #om$any% Hel( 'in#e the 'e#retary did not e:$lain &hat she did to the summons, the logi#al assum$tion is that she gave it to her boss% 6') here #onsidered the fa#t that a #o$y of the default 5udgment held vs% 'T &as also served on the 'e#% F the same rea#hed the "res%, F #onse>uently, 'T &as able to file a M+R%7 While 'ummit Trading is te#hni#ally #orre#t in #ontending that there &as no stri#t #om$lian#e &( 'e#% 1D, under the facts of this case, "here the 4resident contact the outside "orld nor(ally throu.h his Secretary, the latter (ay be re.arded as an <a.ent= ";in the (eanin. of Sec+ >? % -ote Remember that ') did not rule that servi#e u$on 'e#retaries is al&ays $ro$er% *t &as only under the fa#ts of the )A! that 'e#% may be #onsidered as an agent of the #or$oration%

/orei.n, Rule >@, Sec >6

"ubli# #or$oration, Rule 1J, 'e# 1D

=# ors, RuLe +,, Se& +3

*nsane, in#om$etents, Rule 1J, 'e# 1H

Pr#so ers, Rule +,, Se& 0

0nkno&n defendant, Rule 1J, 'e# 1J Residents tem$orarily out, Rule 1J, 'e# 14, 1C

/enturan?a v% )A, 1EC ')RA DHE 612437

F$&'s5 /enturan?a &as sued for #olle#tion of a sum of money% 'ummons for / &as served u$on her father at his residen#e in Tondo% / &as later held in default% / filed Motion to 'et Aside .efault Judgment on the ground that there &as no $ro$er servi#e of summons &hen it &as served not in her residen#e &(# &as in "asay )ity% Hel(5 There &as no $ro$er servi#e of summons% 1% *t is only &hen defendant #annot be served &(in reasonable time that a substituted servi#e may be availed of under 'e#% 4 6"ls% see "art /*7% The la& re>uires an effort or attem$t to $ersonally serve the defendant, F only after this has failed that a substituted servi#e may be availed of% WhyB !e#% Substituted Service is in dero.ation of the usual (ethod of service+ It is a (ethod eAtraordinary in character 0 hence (ay be used only as )rescribed in the circu(stances authori2ed by statute % A% 'ubstituted servi#e is valid only if served at defendant;s residen#e, -,T former residen#e% <Residence= (eans "here he is livin. at the ti(e service "as (ade, even thou.h te()orarily out of the country+

No Cres#(e ', Rule +,, Se& +%o&e! of !ervice

"ersonal, Rule 1J, 'e# C 'ubstituted, Rule 1J, 'e# 3 L$us ". CA, *+0 SCRA 477 /+0061 F$&'s5 This is the 1H8minute #ase% Torres filed a #om$laint for )olle#tion vs% Laus% .e$uty 'heriff &ent to Laus; residen#e to serve summons, but found that there &as no one in the house% He &aited for 1H minutes% Then a three8&heeled vehi#le 6tri#ykol7 #ame &( the savior &ho #laimed to be the maid in the house% The 'heriff served summons u$on the latter% Laus &as de#lared in default% !efore he re#eived the final 5udgment, Laus filed an MT. on the ground that there &as ineffe#tive servi#e of summons be#% there &as no indi#ation that ' first e:erted efforts to serve the same $ersonally before resorting to substituted servi#e% Hel(5 There &as an ineffe#tive servi#e of summons% 'eneral Rule Must serve $ersonally% EAce)tion *f #annot serve $ersonally &(in reasonable $eriod of time, may resort to 'ubstituted 'ervi#e% ,o" can I()ossibility of Service be sho"n B !y stating efforts made to find defendant $ersonally F the fa#t that su#h efforts failed%

Ma$a v% )A, A1J ')RA J13 6122D7

F$&'s A #om$laint for Re#overy of sum of money &as filed vs% High "eak Mining% 'ummons &as issued to be served u$on Ma$a, the #hair$erson, F u$on other offi#ers of the #or$oration% Ho&ever, said summons &as served u$on an em$loyee of said #or$% .efendants &ere de#lared in default% .efs% filed MT. F 'et Aside .efault Judgment on the ground of la#k of 5urisdi#tion of the #t% over their $erson as the servi#e of summons &as im$ro$er, i%e%, served u$on an EE &ho may not be #onsidered as an KagentL of the #or$oration9 moreover, 'heriff did not indi#ate in his Return his efforts at serving summons $ersonally before resorting to substituted servi#e% Hel( )ourt la#ked 5urisdi#tion% 1% Ge er$l Rule 'heriff;s Return must sho& that $rior attem$ts at $ersonal servi#e &ere made by the 'heriff F that su#h attem$ts had failed, $rom$ting him to resort to 'ubstituted servi#e% H,WE/ER, it must be em$hasi?ed that Absence in the Sheriff*s Return of a state(ent about the i()ossibility of )ersonal service D&ES %&T conclusively )rove that the service is invalid % 4roof of such )rior atte()ts (ay be sub(itted by the )laintiff durin. the hearin. of any incident assailin. the validity of the substituted

service% While 'heriff; Return #arries &( it the $resum$tion of regularity, that entries therein are deemed #orre#t, it does not ne#essarily follo& that an a#t done in relation to the offi#ial duty for &(# the return is made &as not sim$ly done be#% it is not dis#losed therein% !esides, the sheriff;s negle#t in making su#h a dis#losure should not unduly $re5udi#e the $laintiff if &hat &as undis#losed &as in fa#t done% A% The EE may be #onsidered as an <a.ent= for the )ur)ose of Sec+ >?, 0 there "as a substantial co()liance under the said sec+ be#% in the )A!, $etitioner failed to deny the statement in 'heriff;s Return that the EE is Kauthori?ed to re#eive $ro#ess of this natureL, said Return en5oying the $resum$tion of regularity, F the logi#al #on#lusion is that she delivered the summons to the #or$oration% D% *n an a#tion in )ersona( as in the )A!, $ersonal servi#e of summons &(in the forum is essential to the a#>uisition of 5urisdi#tion over the $erson of the defendant &ho does not voluntarily submit himself to the authority of the #t%%

EH'r$'err#'or#$l, Rule +,, Se& +D#$l Co. ". Sor#$ o, +4+ SCRA .6. /+0771 .*AL ),% /% ',R*A-, F$&'s .ial is a foreign #or$oration organi?ed F e:isting under the la&s of 0@, 0' F Malaysia% *t has -, agents, offi#ers or offi#e in the "hili$$ines% *m$erial /egetable ,il, a "hil% #or$%, entered, throu.h its 4resident, into several #ontra#ts &( .ial for the delivery of #o#o oil by the former to the latter% Later, */, re$udiated said #ontra#ts on the ground that they are Kmere $a$er trading in futuresL as no a#tual delivery of #o#o oil &as really intended% */, also filed #om$laint for .amages vs% .ial% RT), u$on motion of */,, authori?ed the latter to effe#t E:traterritorial 'ervi#e of 'ummons to .ial through .HL% .ial, &(o submitting itself to #ourt;s 5urisdi#tion, filed MT. on the ground that E:traterritorial 'ervi#e &as im$ro$er, hen#e RT) a#>uired no 5urisdi#tion% Hel( There &as an *m$ro$er servi#e of summons% 1% There are J instan#es &hen E:traterritorial servi#e of summons #an be $ro$erly done a7 A#tion affe#ts status of the $laintiff b7 A#tion relates to, or the sub5e#t of &(# is, $ro$erty &(in the "hils%, in &(# defendant has or #laims a lien or interest, a#tual or #ontingent #7 When relief demanded #onsists in &hole or in $art, in e:#luding the def% fr% any interest in the $ro$erty lo#ated in the "hils% d7 .efendant non8resident;s $ro$erty has been atta#hed &(in the "hils% A% The )A! is $urely an a#tion for *n5un#tion, not any of the J% This is only an a#tion in $ersonam% In any of the @ instances, Court has -urisdiction over the RES, i+e+ )ersonal status or )ro)erty, so -urisdiction over the )erson is %&T essential% In 4ersona( 8 an a#tion vs% a $erson on the basis of his $ersonal liability9 In Re( 8 a#tion vs% the thing itself instead of vs% the $erson% D% *n )A!, Court cannot sub-ect Dial 0 Co+ to )rocesses of RTC ";c are )o"erless to reach the( outside the re.ion over ";c they eAercise their authority+

'ievert v% )A, 1C4 ')RA C2A 612447

F$&'s5 'ievert, a #iti?en F resident of the "hils% re#eived by mail a "etition for *ssuan#e of "reliminary Atta#hment &(o $reviously re#eiving any summons F #o$y of the #om$laint filed vs% him% His #ounsel entered a s$e#ial a$$earan#e for a limited $ur$ose of ob5e#ting to the 5urisdi#tion of the #t%% Hel( RT) has no 5urisdi#tion over 'ievert% 1% Rule E3 'e#% 1% 88 Writ of "reliminary Atta#hment may be a$$lied for by a $laintiff Kat the #ommen#ement of the a#tion or at anytime thereafter%%%L Ho&ever, &hat should be identified is not the time &hen the a#tion may be regarded as having #ommen#ed, as this is not ne#essarily fi:ed nor identi#al% The Critical Ti(e to be identified is "hen the trial ct+ acquires authority under the la" to act coercively vs+ the defendant or his )ro)erty in a )roceedin. in attach(ent+ Ans"er: the ti(e of the vestin. of -urisdiction in the ct+ over the )erson of the defendant in the (ain case+ A% %&%3RESIDE%T DE/E%DA%T Atta#hment of $ro$erty may be sought in order to bring RE' &(in the 5urisdi#tion of the #t%, in substitution, as it &ere, of the body of the defendant% Jurisdi#tion over the res F the $erson of the defendant is, in su#h #ase, a#>uired by servi#e of summons by )ublication, though that 5urisdi#tion may be made effe#tive only in res$e#t of the res atta#hed% RESIDE%T DE/E%DA%T A #t% &(# has not a#>uired 5urisdi#tion over the $erson of the defendant #annot bind that def% &hether in the main #ase or in an an#illary $ro#eeding su#h as atta#hment $ro#eedings% The servi#e of a "etition for "relim Atta#hment &(o the $rior or simultaneous servi#e of summons F a #o$y of the #om$laint in the main #ase does not #onfer 5urisdi#tion u$on the issuing #t% over the $erson of the defendant% C#'#!e s Sure'< ". Herrer$, 67 SCRA 640 /+0.*1

F$&'s )iti?en;s 'urety filed #om$laint for reimbursement of money vs% .a#anay% 'in#e .a#anay;s address &as unkno&n, )' $etitioned the )ourt that summons be made by $ubli#ation% "etition &as granted, but still no .a#anay a$$eared% 6@ung kayo ba s;ya lalabas kayoB7 )' asked the #t% that .a#anay be held in .efault% Trial #t% denied sin#e this is an a#tion in $ersonam, F dismissed the #ase% Hel( The 5udge &as #orre#t that the )ourt #ould not validly a#>uire 5urisdi#tion on a non8a$$earing defendant, absent a $ersonal servi#e of summons &(in the forum% ,ther&ise, there &ould be a violation of .ue "ro#ess% The $ro$er re#ourse for the #reditor is to lo#ate $ro$erties, real or $ersonal, of the resident defendant debtor &( unkno&n address F #ause them to be atta#hed under RE3 'e#% 16f7, in &(# #ase, the atta#hment #onverts the a#tion into a $ro#eeding in rem or >uasi in rem, F the summons by $ubli#ation may then a##ordingly be deemed valid F effe#tive% Co sol#($'e( Pl<@oo( ". Bre"e, +44 SCRA -70 /+0771 F$&'s )onsolidated "ly&ood F Mindanao Hem$ E:$ort are #o8o&ners of real $ro$erty land F building% )onsolidated undertook to re$air F im$rove the $ro$erty, sub5e#t to reimbursement fr% Mindanao of W of #osts% After Mindanao refused to $ay, a suit for #olle#tion &as filed by )onsolidated% When summons &as issued, it &as found out that Mindanao &as no longer doing business at its former address% )an summons be served by $ubli#ationB Hel( -o% 'uit is for the #olle#tion of an amount of moneyXa $ersonal a#tion, #t% #annot a#>uire 5urisdi#tion over the $erson by serving summons by $ubli#ation% The $ro$er re#ourse for a #reditor is to lo#ate $ro$erties, real or $ersonal, of the resident defendant debtor &( unkno&n address F #ause them to be atta#hed under RE3 'e#% 16f7, in &(# #ase, the atta#hment #onverts the a#tion into a $ro#eeding in rem or >uasi in rem, F the summons by $ubli#ation may then a##ordingly be deemed valid F effe#tive%

W'iver of !ervice, Rule 1", Sec 2(

Delos S$ 'os ". =o 'es$, **+ SCRA +- /+0061 F$&'s *n #onne#tion &( a #om$laint for E5e#tment filed vs% .e los 'antos, summons &as served u$on the latter through her mother as the $ro#ess server failed to lo#ate the defendant% .L' filed an M+R of M) de#ision, alleging, inter alia, that the summons &as im$ro$erly served% Hel( While it may a$$ear that there is no $roof that it &as im$ossible to $ersonally serve the summons, F the statutory norms on servi#e of summons &ere not stri#tly #om$lied &(, by the a#ts of the $etitioner;s #ounsel, su#h defe#ts are deemed erased% 6)ounsel filed M+R 7 A$$earan#e of #ounsel is e>uivalent to summons unless su#h is made to $rotest the 5urisdi#tion of the #t% over the $erson of the defendant% The M+R filed #annot be treated as a s$e#ial a$$earan#e as it raised other grounds than the invalid servi#e of summons, i%e% failure to state ),A, no @atarungang "ambarangay7%

Re)ur# of !ervice, Rule 1", Sec "

Proof of ser"#&e, Rule +,, Se& +7

"ubli#ation, Rule 1J, 'e# 12 Registered mail, Rule 1J, 'e# 12 NOTES ON SU==ONS5

Ve 'ur$ !$ C res#(e &e %e$ s I$&'u$l res#(e &eJ

What make time reasonable is the efforts e:erted by the sheriff in serving the summons $ersonally to the defendants% Remedies in default 5udgment 1% Motion for -e& Trial A% A$$eal D% Motion for Relief from Judgment J% Motion to 'et Aside Judgment A 5udgment rendered &ithout 5urisdi#tion never $res#ribes, $assage of time #an never #orre#t the 5udgment of a #ourt &hi#h has never a#>uired 5urisdi#tion% "ersonal and real a#tions are im$ortant in determining venue of a#tions% A#tions in $ersonam and in rem are im$ortant for servi#e of summons% A#tions affe#ting $ersonal a#tions are a#tions in rem and therefore e:traterritorial servi#e by $ubli#ation may be made%

,$tions for servi#e of summons 1% "ersonal servi#e A% 'ubstituted servi#e D% E:traterritorial servi#e not a mode of servi#e, $rin#i$ally 6a7 $ersonal 6b7 servi#e by $ubli#ation 6al&ays a##om$anied by registered mail7 'ervi#e of other "leadings Rule 1D 1% "ersonal .elivery To $arty(#ounsel Residen#e, to $erson of suitable Age and .is#retion 'ervi#e of 'ummons Rule 1J 1% "ersonal 'ervi#e To the defendant only no su#h thing as servi#e by registered mail "ur$ose a#>uisition of 5urisdi#tion A% 'ubstituted 'ervi#e

A% 'ubstituted 'ervi#e D% E:traterritorial 'ervi#e Either $ersonally or by $ubli#ation +ile a motion for leave of #ourt inorder to be able to serve e:traterritorially

E:traterritorial 'ervi#e by $ubli#ation 8 may be made only in four 6J7 instan#es as enumerated in G1E of Rule 1J and .ial )o% v% 'oriano% *n rem for $ubli#ation% Resident tem$orarily out may be served e:traterritorially, $ersonally )an a$$ly to a foreigner having residen#e in the "hili$$ines

Rule +=o'#o s

=u #&#p$l#'< of B# $ ". CA, *+0 SCRA

FACTS5 " filed a #ivil #ase for unla&ful detainer vs% G% After filing an ans&er, G filed a Motion for "reliminary Hearing as if a Motion to .ismiss has been +iled on the ground that the #om$laint states no #ause of a#tion% The MT), instead of #ondu#ting a hearing, rendered a 5udgment order in G to va#ate the $remises% HELD A motion for "reliminary Hearing is merely "ERM*''*/E% 'e#% E Rule 1C is not mandatory even &hen $rayed for% *t rests largely on the sound dis#retion of the T) F is not a matter of right demandable% A $relim hearing on an affirmative defense of la#k of #ause of a#tion is not ne#essary sin#e the >uestion submitted is the suffi#ien#y of allegation in the #om$laint itself% I 'er $'#o $l Co '$# er Ter%# $l Ser"#&es ", CA, *+, SCRA F$&'s: *)T'* ado$ted its #o8res$ondent ""A;s MT. the #om$laint vs% them filed by 'har$% When su#h MT. &as granted, *)T'* moved for a re#onsideration of said order insofar as it dismissed *)T'*;s #ounter#laim% Hel(5 1% .ismissal of #om$laint on defendant;s o&n motion o$erated to also dismiss the #ounter#laim >uestioning the #om$laint% A% .efendant himself 5oined ""A in moving for dismissal of #om$laint9 it did not ob5e#t to the dismissal% 'e#ondly, #om$ulsory #laim &as so intert&ined &( #om$laint that it #ould not remain $ending for inde$endent ad5udi#ation%

C$l$l$ : ". CA, *+. SCRA ,4*

F$&'s5 The 38year delay in the $rose#ution of the bank;s #ase &as due to the several MT.;s &(# re>uired o$$ositions F re$lies, $re8trial &as reset several times, F the 5udges handling the #ase &ere #onstantly being re$la#ed% Hel(5

1% Though it is &(in the dis#retion of the T) to de#lare a $arty non8suited for non8a$$earan#e in $re8trial #onferen#e, su#h dis#retion must not be abused% A% To #onstitute suffi#ient ground for dismissal, delay must not only be lengthy but also unne#essary F dilatory resulting in the trifling of 5udi#ial $ro#ess%

Rule +4 =o'#o 'o D#s%#ss

L$:u'$ ". I&$o, **, SCRA 0

FACTS The heirs of L filed a #om$laint vs% * for s$e#ifi# $erforman#e% *, in his ans&er, raised the ff% defenses la#k of #ause of a#tion, $res#ri$tion, non8#om$lian#e &( the 'tatute of +rauds% After&ards, * filed a motion to dismiss% )+* granted the MT.% HELD5 0nder R% 1C, a MT. must be filed &(in the time for $leading 6$eriod to ans&er7% Thus, the #t% erred in granting the MT. #onsidering that it &as filed D mo% after the amended ans&er &as filed% The suffi#ien#y of a motion to dismiss should be tested on the strength of the allegations of fa#ts #ontained in the #om$lain F no other% The #t% #annot in>uire into the truth of the allegations F de#lare them to be false% ,ther&ise, there &ould be a denial of $ro#edural due $ro#ess%

L$us ". CA, *+0 SCRA

HELD *f a defendant had not been $ro$erly summoned, the $eriod to file a MT. for la#k of 5urisdi#tion over his $erson does not #ommen#e to run until he voluntarily submits to the 5urisdi#tion of the #t%% *n this #ase, . did not voluntarily submit% Thus, the $eriod to file a res$onsive $leading did not even #ommen#e to run% As a general rule an order denying a MT. being interlo#utory #annot be the sub5e#t of #ertiorari% ES)E"T*,- When T) #learly a#ted outside of its 5urisd:n or &( grave abuse of dis#retion in denying MT.%

*'r +, -rior .u&/$e#)

DBP ". Po (u:$r, *+7 SCRA ++7

FACTS5 )+* dismissed the in5un#tion suit filed by **'M* vs% the government, .!" )! !,* F 'heriff of Lanao del -orte &( $re5udi#e for **'M*;s failure to a$$ear during the $re8trial% +ourteen years later, **'M*, +ernando Ja#into F Ja#into 'teel filed a #om$laint vs% .!", -.) F -') before the RT) *ligan $raying that the e:tra5udi#ial fore#losure #ondu#ted in a##ordan#e &( the de#ision in the first #ase be annulled% HELD5 1% As a general rule, #ertiorari is not available sin#e a motion to dismiss is merely interlo#utory% Ho&ever, &hen the #t%, in denying the MT., a#ts &(o or in e:#ess of 5urisdi#tion or &( grave abuse of dis#retion, #ertiorari be#omes available to relieve the defendant of the trouble of undergoing the ordeal F e:$ense of a useless trial% A% And )ase should be dismissed be#% of res 5udi#ata% RE' J0.*)ATA 8 ELEME-T' a% +ormer 5udgment must be final% )+* order has attained finality sin#e there &as no motion for re#on or a$$eal% b% The #t% &(# rendered it had 5urisdi#tion over the sub5e#t matter F the $arties% #% Must be a 5udgment on the MER*T'% The first #ase &as an ad5udi#ation on the merits sin#e the )+* #onsidered the eviden#e $resented during the hearing9 dismissed &( $re5udi#e due to failure to a$$ear during $re8trial des$ite due noti#e% d% There must be, bet&een the 1st F And a#tions, identity of $arties, sub5e#t matter F #ause of a#tion% Absolute identity of $arties is not re>uired% 'ubstantial identity is suffi#ient% *n#lusion of add;l $arties &ill not affe#t the a$$li#ation of RJ% Test ,f *dentity of ),A does not lie in the form of the a#tion but on &hether the same eviden#e &ould su$$ort F establish the former F $resent ),A

D% RT) has #ommitted grave abuse of dis#retion in taking 5urisdi#tion % Although it is not $rayed that the )+* orders be annulled, the effe#t is to annul the findings of mismanagement F to relitigate the same #laims% A#tion for re#onveyan#e is misleading sin#e it is but the inevitable #onse>uen#e if the )+* orders are annulled% J% A finding that the #om$laint states a ),A does not im$ly that the #om$lainant is assured of a ruling in his favor% While a MT. based on failure of the #om$lainant to state a ),A ne#essarily #arries &( it the admission, for $ur$oses of the motion, of the truth of all material fa#ts $leaded in the #om$laint, &hat is submitted for determination therein is the suffi#ien#y of the allegations in the #om$laint% E% A MT. may be granted even if only 1 ground is $resent%

Li)i! -e#&e#ci'

V#'r#o #&s Co%pu'ers ". RTC, *+. SCRA +

FACTS " filed &( the RT) Makati !r% CD a #om$laint for a sum of money F damages vs% "R 6Y1 st #ase 8 )ivil )ase Z 218AHC27 The follo&ing day, the "R filed a #om$laint for the nullifi#ation of the #ontra#t on the ground of fraud% This &as do#keted as )ivil )ase Z 218A12A Y A nd #ase% "R filed a MT. F or to sus$end $ro#eedings 1 st #ase% RT) Makati !r% CD dismissed the 1 st #ase on the ground of litis $endentia HELD The And #ase should be the one dismissed F not the 1st #ase% RE<0*'*TE' ,+ L*T*' "E-.E-T*A 1% *dentity of $arties or at least su#h as re$resenting the same interests in both a#tions9 A% *dentity of rights asserted F relief $rayed for9 the relief being founded on the same fa#ts9 D% *dentity in the A #ases should be su#h that the 5udgment that may be rendered in the $ending #ase &ould, regardless of &(# $arty is su##essful, amount to res 5udi#ata in the other% *n our 5urisdi#tion, the R,) sim$ly re>uires that there is a "E-.*-G a#tion, -,T a "R*,R "E-.*-G A)T*,-% Therefore, the $riority in time rule is not a$$li#able% YYY)R*TER*A *- .ETERM*-*-G WH*)H ,+ THE )A'E' 'H,0L. !E A!ATE. 1% The more a$$ro$riate a#tion shall be maintained 6Teodoro vs% Mirasol7 A% *nterest of 5usti#e test, taking into a##ount a7 the nature of #ontroversy9 b7 #om$arative a##essibility of the #t% to the $arties9 #7 other similar fa#tors 6Roa8Magsaysay vs% Magsaysay7 YY*n both tests, the bona fides or the good faith of the $arties shall be taken into #onsideration

Re! .u&ic')'

A9$los ". CA, **6 SCRA

FACTS5 The RT), a#ting as a Land Registration )ourt, granted the a$$li#ation for registration of title filed by A% After this, "R filed a #om$laint vs% A for the annulment of the do#ument of sale F or redem$tion of o&nershi$ $lus damages% A filed a MT. on the ground of res 5udi#ata% HELD MT. granted on the ground of res 5udi#ata% The general rule is that the land registration #t% has limited 5urisdi#tion% ES)E"T*,-' 1% The $arties have agreed or have a#>uies#ed in submitting the issues for determination by the #t% in the $ro#eedings9 A% the $arties &ere a##orded o$$ortunity in $resenting their res$e#tive arguments of the issues litigated F of the eviden#e in su$$ort thereof9 D% the #t% has already #onsidered the eviden#e on re#ord F is #onvin#ed that the same is suffi#ient F ade>uate for rendering a de#ision u$on the issues #ontroverted% *n the )A!, the issue of o&nershi$ &as fully ventilated% While the 5urisdi#tion of the LR) is limited, the $o&er to determine the validity of the do#uments $ertaining to sale of lands is ne#essarily &(in its 5urisdi#tion% Res 5udi#ata v% #on#lusiveness of 5udgment

N$9us ". CA, +03 SCRA

FACTS5 -abus brought an a#tion for re#onveyan#e of land vs% Lim% This &as based on the "ubli# Land La&% 0$on failure of - to #om$ly &( the #t% order 6)+* ordered him to de$osit the re$ur#hase $ri#e7, the #t%, u$on L;s filing of a MT., dismissed the #ase &( $re5udi#e% - filed a And #ase for the res#ission of the #ontra#t Was the #om$laint for res#ission F damages barred by $rior 5udgment of dismissal% HELD5 -,%

A% Res Budicata has 6 conce)ts: 1% !ar by +ormer Judgment% There is identity of $arties, sub5e#t matter F ),A% The 5udgment on the merits rendered on the 1 st #ase #onstitutes an absolute bar to the subse>uent a#tion not only as to every matter &(# &as offered but as to any admissible matter &(# might have been offered for that $ur$ose% ELEME-T' ,+ !AR != +,RMER J0.GME-T a% $resen#e of a final former order b% former 5udgment rendered by a #t% having 5urisdi#tion over the sub5e#t matter F the $arties #% former 5udgment is a 5udgment on the merits% d% identity of $arties, sub5e#t matter F #ause of a#tion% Judgment on the Merits When it determines the rights F liabilities of the $arties based on dis#losed fa#ts, irres$e#tive of formal, te#hni#al or dilatory ob5e#tions% Where #om$laint is dismissed for failure of " to #om$ly &( a la&ful order of the #t%, this has the effe#t of an ad5udi#ation u$on the merits% *n the )A!, there is -o identity of )ause of A#tion sin#e the eviden#e that &as $resented in the 1 st #ase is not the same eviden#e that is needed to sustain the And #ase% A% )on#lusiveness of Judgment 8 There is identity of $arties but no identity of #ause of a#tion% *n this #ase, 5udgment is #on#lusive only as to matters a#tually F dire#tly #ontroverted F determined F not as to matters merely involved% This is not a$$li#able be#% the un$aid balan#e &as never $ut in issue% !% -evertheless, the a#tion &as dismissed be#% it had has already $res#ribed%

UP ". CA, *+7 SCRA .*

FACTS Eli?alde F the Tasaday re$resentatives filed a #ase vs% ! F ' based on torts% 0" filed a motion to intervene &(# &as granted% After 0" has filed an ans&er in intervention, ! F ' filed a MT. on the ground of la#k of ),A% )ourt denied ! F ';s MT.% 0$ also filed a MT. but this &as denied be#% 0" has already filed an ans&er% HELD Res Judi#ata does not a$$ly be#% there is no identity of sub5e#t matter% The #t% denied ! F ';s MT. on the ground that there is a ),A &hile it denied 0";s MT. be#% it had already filed an ans&er% The argument that ! F ' are $rote#ted by a#ademi# freedom is a valid defense that must be raised during trial% *t is not &(in the #om$eten#e of the #t% to de#lare the Tasadays a distin#t ethni# #ommunity% This is akin to a $rayer for a 5udi#ial de#laration of #iti?enshi$ &(# may not be granted in a $etition for de#laratory relief% LECTURE ON DIS=ISSALS MT. should #ontain a7 relief sought to be obtained a7 grounds on &hi#h it is based a7 su$$orting affidavits and other $a$ers as re>uired by the Rules or to $rove the fa#ts alleged a7 noti#e of hearing sin#e MT. #an;t be heard e: $arte "ro#edure Movant one &ho files motions sets date for hearing #lerk of #ourt to #alendar it after getting $roof of servi#e o$$ositor should have a#tual re#ei$t of noti#e D days before hearing and hearing should not be O 1H days from filing of the motion $eriods de$end on ho& the filing is done &hether $ersonal delivery or registered mail if the latter, e:$lain&hy not $ersonal delivery and &ith $roof of servi#e E:e#$tions to motions must be in &riting a7 made in o$en #ourt or made in the #ourse of a hearing or trial eg% E:#lude $ubli#9 hold other #ounsel in #ontem$t9 admissibility of eviden#e9 motion to leave the #ourt a7 motions &hi#h do not substantially $re5udi#e the rights of the other $arty eg% Motions for sus$ension of the trial *f no MT. filed, any of the grounds for an MT. #an be raised as an affirmative defense E:#e$t la#k of 5urisdi#tion over the $erson Affirmative defense sin#e it means that . made an ans&er and sub5e#ted himself to the 5urisdi#tion of the #ourt

.efenses -,T &aived &hen not set u$ in an MT. or affirmative defense Rule 2 se# 1 a7 5urisdi#tion over sub5e#t matter a7 res 5udi#ata or statute of limitations a7 litis $enden#ia if . files MT. for failure to state a #ause of a#tion, ";s remedy is to file an amended $leading -ature of MT. hy$otheti#ally admits allegations in #om$laint as true affirmative defense MT. #onfusion and avoidan#e 6W*T7 hy$otheti#al admission and denial "ossible defenses &hen served &ith a #om$laint% Line by line RT) 8 la#k of 5urisdi#tion -)R, <) 8 &rong venue " 8 la#k of #a$a#ity to sue 'ummons 8 la#k of J over . "leading 8 no #ause of a#tion !ody 8 litis $endentia, res 5udi#ata, $aid(&aived(unenfor#eable Allegations of #onditions $re#edent 8 failure to undergo #onditions $re#edent +ailure to in#lude #ertifi#ation against forum sho$$ing under oath )ourt after $ro$er hearing on MT. #an a7 sustain MT. and dismiss the #om$laint b7 deny the MT. and #om$el . to file an ans&er #7 order that the #om$laint be amended )ourt &ill rule on fa#e of do#ument no need to re#eive eviden#e but should give other $arty the o$$ortunity to be heard% ,ther $arty to file his o$$osition to the MT. Hearing not ne#essary if there is no need to $resent evident eg% im$ro$er venue, no 5urisdi#tion over sub5e#t matter or $erson 8 5ust study #om$laint or return of summons When hearing ne#essary, movant has the burden of $roving his o$$osition% . to $resent eviden#e first% Eviden#e $resented during hearing on MT. automati#ally re$rodu#ed during trial Hearing on motion re#eive eviden#e in su$$ort of motion Trial re#eive eviden#e on ultimate #auses MT. not a res$onsive $leading but a motion After filing MT. #an no longer file !ill of "arti#ulars sin#e MT. means that . is $resumed to have understood the #om$laint% Must file ! of " before MT. then motion for e:tension of time to $lead then $leading &ith #ounter#laim -,TE Rule 1C se# C makes it dis#retionary on the trial #ourt to rule on affirmative defense raising any of the grounds of MT. as long as MT. not filed L res 5udi#ata already raised as MT., MT. denied during hearing, then #an;t raise affirmative defense on same ground sin#e already settled that not res 5udi#ata 6W*T7 L*-A / )A Remedies for default 5udgment a7 motion to set aside order of default b7 motion for ne& trial #7 a$$eal d7 $etition for revie& of 5udgment LA0' no default sin#e . did not re#eive summons% "eriod for filing ans&er has not yet started to run% Remedy MT.% Remedy if MT. denied #ertiorari for arbitrary ruling NOTES ON =OTION TO DIS=ISS !ar by $rior 5udgment #on#lusiveness of 5udgment J0.GME-T +ormer 5udgment + /alid #ourt &ith 5urisdi#tion / Merits M

*.E-T*T=

)ause of a#tion 'ub5e#t matter "arties '$e#ial #ivil a#tion May be related to main #ause of a#tion W,- #ourt a >uo #ommitted grave abuse of dis#retion

)ertiorari

0% "% #ase 8 #ertiorari by !ailen and 'ala?ar in ') first #ivil a#tion )ertiorari 8 as a mode of a$$eal )ertiorari 8 s$e#ial #ivil a#tion, grave abuse of dis#retion .istinguish bet&een $etition for revie& by #ertiorari and original s$e#ial #ivil a#tion for #ertiorari 0" 8orders of MT. #ontained t&o 6A7 different things '$e#ial #ivil a#tion is a different thing )ertiorari is an e:traordinary remedy Ans&er8in8intervention grounds for dismissal may be raised in an affirmative defense ins$ite of $rior dismissal of a MT. by the original defendant% "ro#edure to intervene 1% Motion for leave of #ourt to intervene A% After granting by the #ourt, intervenor may file MT.% .enial of MT. is only a denial of the hy$otheti#al admission mode by the defendant but may still be #ontroverted in the trial% ,n#e a MT. has been filed and denied, grounds raised #an no longer be set u$ as affirmative defenses% La#k of Jurisdi#tion over the $erson #annot be raised in an affirmative defense% .efault 8 remedy of the #om$lainant Rule 13 GD3 8 $laintiff de#lared non8suited% *f ans&er filed after reglementary $eriod and default 6motion7 filed thereafter, #ourt should not render an order of default sin#e default are generally fro&ned u$on% Remedies for a default 5udgment 1% Motion under oath to set aside order of default A% Motion for ne& trial 8 5udgment not final F e:e#utory D% "etition for relief from 5udgment 8 5udgment final F e:e#utory J% A$$eal 8 no &ay that defendant #an $resent eviden#e% Rule 12 G E 8 failure of defendant to a$$ear, $resentation of eviden#e shall be $roved% -o more Kas in defaultL -o o$$ortunity to 5um$ to 5udgment, only that $laintiff may $resent eviden#e e:8$arte%

Les$&$ C 2;$' 8u(:%e ' &$ 9e re (ere( Rule 6,. )u(:%e ' o ';e Ple$(# :s
*f no material issue is #ontested 6e%g% only amount of damages7, 5udgment on the $leadings may be issued% MT. 8 #onfession(avoidan#e Motion for 'ummary Judgment 8 remedy so as not to go through the entire trial% Motion for 'ummary Judgment may be substituted by an Ans&er% Judgment after Trial 'ummary Judgment Judgement on the "leadings [ [ Judgment on the merits9 &ays of terminating trial

Judgment by .efault

MT. 8 5udgment &hi#h do not look at the merits +inal orders Judgment ,rder [ [ Ways of terminating trial

Rule +. D#s%#ss$l of A&'#o s

=el#'o ". CA, supr$

F$&'s: When the #om$laint vs% Meliton &as dismissed, her #ounter#laims &ere also dismissed, &( the trial #t% ruling that it a#>uired no 5urisdi#tion over su#h #ounter#laims due to non8$ayment of do#ket fees% Later, Meliton sued on these #ounter#laims% The defendants therein raised the defense of res 5udi#ata% Hel(: Where a #ounter#laim is made the sub5e#t of a se$arate suit, it may be abated u$on a $lea of auter a#tion $endentia or litis $endentia, F(or dismissal on the ground of res 5udi#ata% Res 5udi#ata, ho&ever, is not a$$li#able sin#e #ounter#laim &as dismissed &(o $re5udi#e sin#e the #t% held that it did not a#>uire 5urisdi#tion due to non8$ayment of do#ket fees% -either is there litis $endentia% .ismissal on the ground of la#k of 5urisdi#tion does not #onstitute res 5udi#ata, there having been no #onsideration F ad5udi#ation of the #ase on the merits%

DBP ". Po (u:$r, supr$

F$&'s5 **'M* instituted an in5un#tion suit to sto$ fore#losure on its $ro$erty% "* &as issued% While #ase &as $ending in 123A, Martial La& &as de#lared% 123A L) dissolved the &rit F held there &as mismanagement b **'M*% L) said a$$li#ant for $reliminary in5un#tion should establish a #lear #ase F must #ome to #t% &( #lean hands% "* being an e>uitable remedy% L) dismissed the #ase% 1J years later, #om$laint &as filed to set aside the fore#losure% Hel(5 )om$laint should be dismissed% There is res 5udi#ata as the former 5udgment &as final, #t% had 5urisdi#tion over sub5e#t matter F $arties, there &as 5udgment on the merits, F there &as identity of $arties, sub5e#t matter F ),A;s% Martial La& doesn;t >ualify as a for#e ma5eure &(# &ould sus$end the running of the $eriod% That the Ja#intos &ere abroad F #ouldn;t #ome home as Mar#os #an#eled their $ass$orts is not a bar to the filing of the in5un#tion #ase% When they lost, they should have filed an a$$eal or se$arate a#tion to annul the same through their #onsuls based here%

Rule 0, Se&. 6 Def$ul'

L#% T$ Hu ". R$%ole'e, supr$

F$&'s5 su$ra% Hel(: "arties de#lared in default &aive their right to be heard F $resent eviden#e F are not entitled to re#eive noti#e of other $ro#eedings F to servi#e of $a$ers e:#e$t &hen the latter #onsist of substantially amended $leadings F final orders% *f the $arties in default file a Motion to Lift ,rder of .efault, they shall not lose their right to the noti#es%

=$l$ <$o ". Su :$, *37 SCRA

F$&'s: "etitioner got si#k F asked the 5udge to defer the s#hedule of his a$$earan#e at the $re8trial hearings% As " did not a$$ear at the hearings, the 5udge de#lared " in default F ordered his arrest%

Hel(5 Where the failure to a$$ear at the $re8trial hearing &as un#ontrovertedly due to illness, the default order may be set aside on the ground of a##ident over &(# $etitioner had no #ontrol% Also, the order of arrest &as illegal as there is nothing in the Rules of )ourt &(# authori?es su#h as a #onse>uen#e of a default order%

Les$&$ ". CA, *+- SCRA

F$&'s: .efendant failed to a$$ear at the s#heduled $reliminary #onferen#e for a #om$laint for e5e#tment F as su#h &as de#lared in default% The #t% then #onsidered the #ase submitted for de#ision% Hel(5 The Rules on 'ummary "ro#edure &as a$$lied in this #ase% 'e#% C thereof states that in #ase of failure of $arties to a$$ear at the $re8trial #onf%, the #t% should have issued a K$reliminary #onferen#e orderL defining the issues of the #ase% Thereafter the $arties should have submitted their affidavits F other eviden#e% 'e#% E states that it is only &hen defendants fail to file a res$onsive $leading &(in the reglementary $eriod may the #t% $ro#eed to render 5udgment% *n the )A!, res$% did not file an ans&er% T) may not de#lare him in default be#% a motion to de#lare defendant in default is a $rohibited $leading under 'e#% 1E 6h7 of the Rules on 'um"ro%

D$'u ". CA, *+- SCRA

F$&'s: .efendant Habaluyas &as de#lared in default% .e#ision &as rendered in favor of Mangelen a&arding him e:em$lary damages &(# &as not in#luded in his $rayer for s$e#ifi# $erforman#e% Hel(5 *n a 5udgment based on eviden#e $resented e:8$arte, 5udgment should not e:#eed the amount or be different in kind fr% that $rayed for Thus, Mangelen is not entitled to e:em$lary damages% ,n the other hand, in a 5udgment &here an ans&er &as filed but def% did not a$$ear at the hearing, the a&ard may e:#eed the amount or be different in kind fr% that $rayed for%

Dulos ". CA, +77 SCRA

F$&'s5 .ulos s$ouses &ere de#lared as in default for failure to a$$ear at the $re8trial #onferen#e% *n their a#tion for #ertiorari &( the '), they #ontend that they &ere not able to move to set aside the order of default sin#e they &ere not furnished &( #o$ies of the order de#laring them in default% Hel(5 "arty in default is not entitled to noti#e of subse>uent $ro#eedings under the Rules of )ourt%

R$% $%# ". CA, **+ SCRA

F$&'s5 A #om$laint for #olle#tion of a sum of money &as filed vs% the Ramnanis, &ho failed to a$$ear at $re8trial% They &ere de#lared in default% A motion to lift the order of default &as filed &(# &as denied% T) de#ision rendered vs% them% They filed &( the )A a $etition for #ertiorari &(# &as dismissed sin#e it &as not the $ro$er remedy% Hen#e this $etition% Hel(5 Motion to set aside default order #ould not be issued sin#e there &as ine:#usable non8a$$earan#e 6remember +AMEB7% The a$$ro$riate remedy &as an ordinary a$$eal under 'e#% A, Rule J1 of the Rules of )ourt% )ertiorari is $ro$er only if $arty &as illegally de#lared in default% *n )A!, no irregularities in the $re8trial have been alleged% *t is @G# ';e sou ( (#s&re'#o of ';e &'. to set aside an order of default but it is not error, or abuse of dis#retion to refuse to set aside order of default F to refuse to a##e$t the ans&er &here it finds no 5usti#iable reason for the delay of the filing of an ans&er%

Ger$les ". CA, *+7 SCRA 47

F$&'s su$ra% Hel(: "leadings, as &ell as remedial la&s, should be liberally #onstrued in order that litigants may have am$le o$$ortunity to $rove their res$e#tive #laims, F $ossible denial of substantial 5usti#e, due to te#hni#alities may be avoided% .efault 5udgment is fro&ned u$on, F unless it #learly a$$ears that reo$ening of the #ase is intended for delay, it is best to give $arties a #han#e to fight their #ase%

Rule 6, )u(:%e ' o ';e Ple$(# :s

Rule 6Su%%$r< )u(:%e 's Rule +7 PreCTr#$l

'e#% 1% 2;e &o (u&'e( % \ After the last $leading has been served and filed, it shall be the duty of the $laintiff to $rom$tly move e: $arte that the #ase be set for $re8trial% 'e#% A. N$'ure $ ( purpose. \ The $re8trial is mandatory% The #ourt shall #onsider (a) The $ossibility of an ami#able settlement or of a submission to alternative modes of dis$ute resolution9 (b) The sim$lifi#ation of the issues9 (c) The ne#essity or desirability of amendments to the $leadings9 (d) The $ossibility of obtaining sti$ulations or admissions of fa#ts and of do#uments to avoid unne#essary $roof9 (e) The limitation of the number of &itnesses9 (f) The advisability of a $reliminary referen#e of issues to a #ommissioner9 (g) The $ro$riety of rendering 5udgement on the $leadings, or summary 5udgement, or of dismissing the a#tion should a valid ground therefor be found to e:ist9 (h) The advisability or ne#essity of sus$ending the $ro#eedings9 and (i) 'u#h other matters as may aid in the $rom$t dis$osition of the a#tion% 'e#% D% No'#&e of preC'r#$l% \ The noti#e of $re8trial shall be served on #ounsel, or on the $arty &ho has no #ounsel% The #ounsel served &ith su#h noti#e is #harged &ith the duty of notifying the $arty re$resented by him% 'e#% J% Appe$r$ &e of p$r'#es% \ *t shall be the duty of the $arties and their #ounsel to a$$ear at the $re8trail% The non8a$$earan#e of a $arty may be e:#used only if a valid #ause is sho&n therefor or if a re$resentative shall a$$ear in his behalf fully authori?ed in &riting to enter into an ami#able settlement, to submit to alternative modes of dis$ute resolution, and to enter into sti$ulations or admissions of fa#ts and of do#uments% 'e#% E% Effe&' of f$#lure 'o $ppe$r+ \ The failure of the $laintiff to a$$ear &hen so re>uired $ursuant to the ne:t $re#eding se#tion shall be #ause for dismissal of the a#tion% The dismissal shall be &ith $re5udi#e, unless other&ise ordered by the #ourt% A similar failure on the $art of the defendant shall be #ause to allo& the $laintiff to $resent his eviden#e e: $arte and the #ourt to render 5udgement on the basis thereof% 'e#% C. PreC'r#$l 9r#ef % \ The $arties shall file &ith the #ourt and serve on the adverse $arty, in su#h manner as shall ensure their re#ei$t thereof at least three 6D7 days before the date of the $re8trial, their res$e#tive $re8trial briefs &hi#h shall #ontain, among others (a) A statement of their &illingness to enter into ami#able settlement or alternative modes of dis$ute resolution, indi#ating the desired terms thereof% (b) A summary of admitted fa#ts and $ro$osed sti$ulation of fa#ts9 (c) The issues to be tried or resolved9 (d) The do#uments or e:hibits to be $resented, stating the $ur$ose thereof9 (e) A manifestation of their having availed or their intention to avail themselves of dis#overy $ro#edures or referral to #ommissioners9 and (f) The number and names of the &itnesses, and the substan#e of their res$e#tive testimonies% +ailure to file the $re8trial brief shall have the same effe#t as failure to a$$ear at the $re8trial% 'e#% 3% Re&or( of preC'r#$l% \ The $ro#eedings in the $re8trial shall be re#orded% 0$on the termination thereof, the #ourt shall issue an order &hi#h shall re#ite in detail the matters taken u$ in the #onferen#e, the a#tion taken thereon, the amendments allo&ed to the $leadings, and the agreements or admissions made by the $arties as to any of the matters #onsidered% 'hould the a#tion $ro#eed to trial, the order

shall e:$li#itly define and limit the issues to be tried% The #ontents of the order shall #ontrol the subse>uent #ourse of the a#tion, unless modified before trial to $revent manifest in5usti#e%

C#'#9$ D ", C;u$, **3 SCRA

F$&'s "re8Trial &as set% )ounsel of )itibank a$$eared &( an '",A e:e#uted by )itibank offi#er Tarriela in favor of the #ounsel to re$resent F bind "et at the "T #onferen#e% /ele?es, the $rivate res$s, moved to have )itibank de#lared Kas in defaultL sin#e '",A &as not e:e#uted by the !oard of .ire#tors% T) de#lared the bank Kas in default%L Hel( T) should have a##e$ted the first '",A as suffi#ient for "T% ') admonished )ourts vs% $re#i$itate orders of default as they have the effe#t of denying the litigant the #han#e to be heard% There are instan#es &hen $arties may $ro$erly be defaulted, but su#h is the ES) rather than the rule F should be allo&ed only in #lear #ases of obstinate refusal or inordinate negle#t to #om$ly &( #t% orders%

=u #&#p$l#'< of B# $ ". G$r&#$, +73 SCRA

F$&'s A s$e#ial #ivil a#tion for eminent domain( e:$ro$riation% .efendant, instead of filing ans&er filed KMT.L on grounds not s$e#ified under Rule 1C 6refer to Rule 1C7% Her MT. &as filed $ursuant to RC3, 'D of the R,) KWithin the time s$e#ified in the summons, ea#h defendant , in lieu of an ans&er, shall $resent in a single motion to dismiss of for other a$$ro$riate relief, all his ob5e#tions F defenses to the right of the $laintiff to take his $ro$erty for the use s$e#ified in the #om$laint%L T;e TC 5 > reversed the order of trial allo&ing defendant to $resent her eviden#e before the $laintiff F > subse>uently rendered order sustaining defendant;s defense F dismissing the a#tion as to her, solely on her eviden#e Rule A MT. under Eminent .omain 6RC37 is really an ans&er% Thus if su#h MT. is filed 6under RC37, the order of trial remains under RDH% CAB There &as no valid #ause to reverse the order of trial% MT. here $artakes the nature of a $leading% "laintiff should thus go first% What the trial #t% have in mind &as the $rovision of 'e#% E, R1C allo&ing Kany of the grounds for dismissal in R1C to Kbe $leaded as an affirmative defenseL F authori?ing the holding of a $reliminary hearing : : thereon as if a MT. has been filed% .efendants defense ho&ever &as not a ground for dismissal under R1C% 'he meant to $rove $laintiff;s la#k of #ause of a#tion &(# is not the same as failure to state a #ause of a#tion% There is also nothing in the re#ord to $rove the Muni#i$ality;s &aiver of right to $resent #ontrary $roof%

Rule *3 C$le ($r of C$ses

Rule 63 Tr#$l

Rule 6+ Co sol#($'#o or Se"er$ &e

Rule 6* Tr#$l 9< Co%%#ss#o er

L$lu$ ". =$lp$<$, 4, SCRA L#% T$ Hu ". R$%ole'e, supr$ P$:D$'#pu $ ". B$u'#s'$, +37 SCRA
NOTES ON TRIAL BY CO==ISSIONER Rule 14% "re8Trial Laying do&n the issues 8 allegations and &hat are being denied% 'ti$ulation of fa#ts 8 evidentiary fa#ts )om$romise 5udgment 8 final F e:e#utory9 immediately e:e#utory% 1% Trial by assessors 8 "agkati$unan v% !autista, mandatory Rarely invoked9 tend to earn the ire of the 5udge 'it only for the trial A% Trial by #ommissioners D% .elegation of re#e$tion of eviden#e by the )lerk of )ourt <ualifi#ations of Assessors A#t 12H 8

Rule 66 De%urrer 'o E"#(e &e

Rule *+ Su9poe $
'e#tion 1% 'ub$oena and sub$oena du#es te#um% 8 'ub$oena is a $ro#ess dire#ted to a $erson re>uiring him to attend and to testify at the hearing or the trial of an a#tion, or at any investigation #ondu#ted by #om$etent authority, or for the taking of his de$osition% *t may also re>uire him to bring &ith him any books, do#uments, or other things under his #ontrol in &hi#h #ase it is #alled a sub$oena du#es te#um% 'e#tion A% !y &hom issued% 8 the sub$oena may be issued by 8 6a7 the #ourt before &hom the &itness is re>uired to attend9 6b7 the #ourt of the $la#e &here the de$osition is to be taken9 R the offi#er or body authori?ed by la& to do so in #onne#tion &ith investigations #ondu#ted by said offi#er or body or 6d7 any Justi#e of the 'u$reme )ourt or of the )ourt of A$$eals in any #ase or investigation $ending &ithin the "hili$$ines% When the a$$li#ation for a sub$oena to a $risoner is made, the 5udge or offi#er shall e:amine and study #arefully su#h a$$li#ation to determine &hether the same is made for a valid $ur$ose% -o $risoner senten#ed to death, re#lusion $er$etua or life im$risonment and &ho is #onfined in any $enal institution for a$$earan#e or attendan#e in any #ourt unless authori?ed by the 'u$reme #ourt%

'e#tion D% +orm and )ontents% 8 A sub$oena shall state the name of the #ourt and the title of the a#tion or investigation, shall be dire#ted to the $erson &hose attendan#e is re>uired, and in the #ase of a sub$oena du#es te#um, it shall also #ontain a reasonable des#ri$tion of the books, do#uments or things demanded &hi#h must a$$ear to the #ourt $rima fa#ie relevant% 'e#tion J% <uashing a sub$oena% 8 The #ourt may >uash a sub$oena du#es te#um u$on motion $rom$tly made and, in any event, at or before the time s$e#ified therein if it is unreasonable and o$$ressive, or the relevan#y of the books, do#uments or things does not a$$ear, or if the $erson in &hose behalf the sub$oena is issued fails to advan#e the reasonable #ost of $rodu#tion thereof% The #ourt may >uash the sub$oena ad testifi#andum on the ground that the &itness is not bound thereby% *n either #ase, the sub$oena may be >uashed on the ground that the &itness fees and kilometrage allo&ed by these Rules &ere not tendered &hen the sub$oena &as served% 'e#tion E% 'ub$oena for de$ositions% 8 "roof of servi#e of a noti#e to take a de$osition, as $rovided in se#tions 1E and AE of Rule AD, shall #onstitute suffi#ient authori?ation for the issuan#e of sub$oenas for the $ersons named in said noti#e by the #lerk of the #ourt of the $la#e in &hi#h the de$osition is to be taken% The #lerk shall not, ho&ever, issue a sub$oena du#es te#um to any su#h $erson &ithout an order of the #ourt% 'e#tion C% 'ervi#e% 8 'ervi#e of a sub$oena shall be made in the same manner as $ersonal or substituted servi#e of summons% The original shall be e:hibited and a #o$y thereof delivered to the $erson on &hom it is served, tendering to him the fees for one day;s attendan#e and the kilometrage allo&ed by these rules, e:#e$t that, &hen a sub$oena is issued by or on behalf of the Re$ubli# of the "hili$$ines or an offi#er or agen#y thereof, the tender need not be made% The servi#e must be made so as to allo& the &itness a reasonable time for $re$aration and travel of the $la#e of attendan#e% *f the sub$oena is du#es te#um, the reasonable #ost of $rodu#ing the books, do#uments or things demanded shall also be tendered% 'e#tion 3% "ersonal a$$earan#e in #ourt% 8 A $erson $resent in #ourt before a 5udi#ial offi#er may be re>uired to testify as if he &ere in attendan#e u$on a sub$oena issued by su#h #ourt or offi#er% 'e#tion 4% )om$elling attendan#e% 8 *n #ase of failure of a &itness to attend, the #ourt or 5udge issuing the sub$oena, u$on $roof of the servi#e thereof and of the failure of the &itness, may issue a &arrant to the sheriff of the $rovin#e, or his de$uty, to arrest the &itness and bring him before the #ourt or offi#er &here his attendan#e is re>uired, and the #ost of su#h &arrant and sei?ure of su#h &itness shall be $aid by the &itness if the #ourt issuing it shall determine that his failure to ans&er the sub$oena &as &illful9 and &ithout 5ust e:#use% 'e#tion 2% )ontem$t% 8 +ailure by any $erson &ithout ade>uate #ause to obey a sub$oena served u$on him shall be deemed a #ontem$t of the #ourt from &hi#h the sub$oena is issued% *f the sub$oena &as not issued by a #ourt, the disobedien#e thereto shall be $unished in a##ordan#e &ith the a$$li#able la& or Rule% 'e#tion 1H% E:#e$tions% 8 The $rovisions of se#tions 4 and 2 of this Rule shall not a$$ly to a &itness &ho resides more than one hundred 61HH7 kilometers from his residen#e to the $la#e &here he is to testify by the ordinary #ourse of travel, or to a detention $risoner if no $ermission of the #ourt in &hi#h his #ase is $ending &as obtained%

D#s&o"er<

%o&e! of Di!cover,
RULE *6

.E",'*T*,-' "E-.*-G A)T*,'e#tion 1% .e$ositions $ending a#tin, &hen may be taken% 8 !y leave of #ourt after 5urisdi#tion has been obtained over any defendant or over $ro$erty &hi#h is the sub5e#t of the a#tion, or &ithout su#h leave after an ans&er has been served, the testimony of any $erson, &hether a $arty or not, may be taken, at the instan#e of any $arty, by de$osition u$on oral e:amination or &ritten interrogatories% The attendan#e of &itnesses may be #om$elled by the use of a sub$oena as $rovided in Rule A1% .e$ositions shall be taken only in a##ordan#e &ith these Rules% The de$osition of a $erson #onfined in $rison may be taken only by leave of #ourt on su#h terms as the #ourt $res#ribes% 'e#tion A% '#o$e of e:amination% 8 0nless other&ise ordered by the #ourt as $rovided by se#tion 1C or 14 or this Rule, the de$onent may be e:amined regarding any matter, not $rivileged, &hi#h is relevant to

the sub5e#t of the $ending a#tion, &hether relating to the #laim or defense of any other $arty, in#luding the e:isten#e, des#ri$tion, nature, #ustody, #ondition, and lo#ation of any books, do#uments, or other tangible things and the identity and lo#ation of $ersons having kno&ledge of relevant fa#ts% 'e#tion D% E:amination and #ross8e:amination% 8 E:amination and #ross8e:amination of de$onents may $ro#eed as $ermitted at the trial under se#tions D to 14 of Rule 1DA% 'e#tion J% 0se of de$ositions% 8 At the trial or u$on the hearing of a motion or an interlo#utory $ro#eeding, any $art or all of a de$osition, so far as admissible under the rules of eviden#e, may be used against any $arty &ho &as $resent or re$resented at the taking of the de$osition or &ho had due noti#e thereof, in a##ordan#e &ith any one of the follo&ing $rovisions 6a7 Any de$osition may be used by any $arty for the $ur$ose of #ontradi#ting or im$ea#hing the testimony of de$onent as a &itness9 6b7 The de$osition of a $arty or of any one &ho at the time of taking the de$osition &as an offi#er, dire#tor, or managing agent of a $ubli# or $rivate #or$oration, $artnershi$, or asso#iation &hi#h is a $arty may be used by an adverse $arty for any $ur$ose9 R The de$osition of a &itness, &hether of not a $arty may be used by any $arty for any $ur$ose if the #ourt finds 617 that the &itness is dead9 or 6A7 that the &itness resides at a distan#e more than one hundred 61HH7 kilometers from the $la#e of trial or hearing, or is out of the "hili$$ines, unless it a$$ears that his absen#e &as $ro#ured by the $arty offering the de$osition9 or 6D7 that the &itness is unable to attend or testify be#ause of age, si#kness, infirmity, or im$risonment9 or 6J7 that the $arty offering the de$osition has been unable to $ro#ure the attendan#e of the &itness by sub$oena9 or 6E7 u$on a$$li#ation and noti#e, that su#h e:#e$tional #ir#umstan#es e:ist as to make it desirable, in the interest of 5usti#e and &ith due regard to the im$ortan#e of $resenting the testimony of &itnesses orally in o$en #ourt, to allo& the de$osition to be used9 and 6d7 *f only $art of a de$osition is offered in eviden#e by a $arty9 the adverse $arty may re>uire him to introdu#e all of it &hi#h is relevant to the $art introdu#ed, and any $arty may introdu#e any other $arts% 'e#tion E% Effe#t of substitution of $arties% 8 'ubstitution of $arties does not affe#t the right to use de$ositions $reviously taken, and, &hen an a#tion has been dismissed and another a#tion involving the same sub5e#t is after&ard brought bet&een the same $arties or their re$resentatives or su##essors in interest, all de$ositions la&fully taken and duly filed in the former a#tion may be used in the latter as if originally taken therefor9 se#tion C% ,b5e#tions to admissibility% 8 'ub5e#t to the $rovisions of se#tion A2 of this Rule, ob5e#tion may be made at the trial or hearing to re#eiving in eviden#e any de$osition or $art thereof for any reason &hi#h &ould re>uire the e:#lusion of the eviden#e if the &itness &ere then $resent and testifying% 'e#tion 3% effe#t of taking de$ositions% 8 A $arty shall not be deemed to make a $erson his o&n &itness for nay $ur$ose by taking his de$osition% 'e#tion 4% Effe#t of using de$ositions% 8 The introdu#tion in eviden#e of the de$osition or any $art thereof for any $ur$ose other than that of #ontradi#ting or im$ea#hing the de$onent makes the de$onent the &itness of the $arty introdu#ing the de$osition, but this shall not a$$ly to the use by an adverse $arty of a de$osition as des#ribed in $aragra$h 6b7 of se#tion J of this rule% 'e#tion 2% Rebutting de$osition% 8 At the trial or hearing any $arty may rebut any relevant eviden#e #ontained in a de$osition &hether introdu#ed by him or by any other $arty, 'e#tion 1H% "ersons before &hom de$ositions may be taken &ithin the "hili$$ines% 8 Within the "hili$$ines, de$ositions may be taken before any 5udge, notary $ubli#, or the $erson referred to in se#tion 1J hereof% 'e#tion 11% "ersons before &hom de$ositions may be taken in foreign #ountries% 8 *n a foreign state or #ountry, de$ositions may be taken 6a7 on noti#e before a se#retary of embassy or legation, #onsul general, #onsul, vi#e8#onsul, or #onsular agent of the Re$ubli# of the "hili$$ines9 6b7 before su#h $erson or offi#er as may be a$$ointed by #ommission or under letters rogatory9 or 6#7 the $erson referred to in se#tion 1J hereof% 'e#tion 1A% )ommission or letters rogatory% 8 A #ommission or letters rogatory shall be issued only &hen ne#essary or #onvenient, on a$$li#ation and noti#e, and on su#h terms and &ith su#h dire#tion as are 5ust a$$ro$riate% ,ffi#ers may be designated in noti#es or #ommissions either by name or des#ri$tive title and letters rogatory may be addressed to the a$$ro$riate 5udi#ial authority in the foreign #ountry% 'e#tion 1D% .is>ualifi#ation by interest% 8 -o de$osition shall be taken before a $erson &ho is a relative &ithin the si:th degree of #onsanguinity or affinity, or em$loyee or #ounsel of any of the $arties9 or &ho is a relative &ithin the same degree, or em$loyee of su#h #ounsel9 or &ho is finan#ially interested in the a#tion% 'e#tion 1J% 'ti$ulations regarding taking of de$ositions% 8 *f the $arties so sti$ulate in &riting, de$ositions may be taken before any $erson authori?ed to administer oaths, at any time or $la#e, in a##ordan#e &ith these Rules, and &hen so taken may be used like other de$ositions% 'e#tion 1E% .e$osition u$on oral e:amination9 noti#e, time and $la#e% 8 A $arty desiring to take the de$osition of any $erson u$on oral e:amination shall give reasonable noti#e in &riting to every other $arty to the a#tion% The noti#e shall state the time and $la#e for taking the de$osition and the name and

address of ea#h $erson to be e:amined, if kno&n, and if the name is not kno&n, a general des#ri$tion suffi#ient to identify him or the $arti#ular #lass or grou$ to &hi#h he belongs% ,n motion of any $arty u$on &hom the noti#e is served, the #ourt may for #ause sho&n enlarge or shorten the time% 'e#tion 1C% ,rders for the $rote#tion of $arties and de$onents% 8 After noti#e is served for taking a de$osition by oral e:amination u$on motion seasonably made by any $arty or by the $erson to be e:amined and for good #ause sho&n, the #ourt in &hi#h the a#tion is $ending may make an order that the de$osition shall not be taken, or that it may be taken only at some designated $la#e other than that stated in the noti#e or that it may be taken only in &ritten interrogatories, or that #ertain matters shall not be in>uired into, or that the s#o$e of the e:amination shall be held &ith no one $resent e:#e$t the $arties to the a#tion and their offi#ers or #ounsel, or that after being sealed the de$osition shall be o$ened only by order of the #ourt or that se#ret $ro#esses, develo$ments, or resear#h need not be dis#losed, or that the $arties shall simultaneously file s$e#ified do#uments or informatin en#losed in sealed envelo$e to be o$ened as dire#ted by the #ourt, or the #ourt may make any other order &hi#h 5usti#e re>uires to $rote#t the $arty or &itness from annoyan#e, embarrassment or o$$ression% 'e#tion 13% Re#ord of e:amination9 oath9 ob5e#tions% 8 The offi#er before &hom the de$osition is to be taken shall $ut the &itness on oath and shall $ersonally, or by some one a#ting under his dire#tion and in his $resen#e, re#ord the testimony of the &itness% The testimony shall be taken stenogra$hi#ally unless the $arties agree other&ise% All ob5e#tins made at the time of the e:amination to the >ualifi#ations of the offi#er taking the de$osition, or to the manner of taking it, or to the eviden#e $resented, or to the #ondu#t of any $arty and any other ob5e#tion to the $ro#eedings, shall be noted by the offi#er u$on the de$osition% Eviden#e ob5e#ted to shall be taken sub5e#t to the ob5e#tions% *n lieu of $arti#i$ating in the oral e:amination, $arties served &ith noti#e of taking a de$osition may transmit &rtieen interrogatories to the offi#ers, &ho shall $ro$ound them to the &itness and re#ord the ans&ers verbatim% 'e#tion 14% Motion to terminate or limit e:amination% 8 At any time during the taking of the de$ositin, on motion or $etition of any $arty or of the de$onent and u$on a sh&ing that the e:amination is being #ondu#ted in bad faith or in su#h manner, as unreasonably to annoy, embarrass, or o$$ress the de$onent or $arty, the #ourt in &hi#h the a#tion is $ending or the Regional Trial )ourt of the $la#e &here the de$osition is being taken may order the offi#er #ondu#ting the e:aminatin to #ease forth&ith from taking the de$osition , or may limit the s#o$e and manner of the taking of the de$osition, as $rovided in se#tion 1C of this Rule% *f the order made terminates the e:amination, it shall be resumed thereafter only u$on the order of the #ourt in &hi#h the a#tion is $ending% 0$on demand of the ob5e#ting $arty or de$onent, the taking of the de$osition shall be sus$ended for the time ne#essary to make a noti#e for an order% *n granting or refusing su#h order, the #ourt may im$ose u$on either $arty or u$on the &itness the re>uirement to $ay su#h #osts or e:$enses as the #ourt may deem reasonable% 'e#tion 12% 'ubmission to &itness9 #hanges9 signing% 8 When the testimony is fully trans#ribed, the de$osition shall be submitted to the &itness for e:amination and sahll be read to or by him, unless su#h e:amination and reading are &aived by the &itness and by the $arties% Any #hanges in form or substan#e &hi#h the &irness desires to make shall be entered u$on the de$osition by the offi#er &ith a statement of the reasons given by the &itness for making them% The de$osition shall then be signed by the &itness, unless the $arties by sti$lation &aive the signing or the &itness is ill or #annot be found or refuses to sign% *f the de$osition is not signed by the &itness, the offi#er shall sign it and state on the re#ord the fa#t of the &aiver or of the illness or absen#e of the &itness or the fa#t of the refusal to sign together &ith the reason given therfor, if any, and the de$osition may then be used as fully as though signed, unless on a motion to su$$ress under se#tion A26f7 of this Rule, the #ourt hold that the reasons given for the refusla to sign re>uire re5e#tion of the de$osition in &hole or in $art% 'e#tion AH% )ertifi#ation and filing by offi#er% 8 The offi#er shall #ertify on the de$osition that the &itness &as duly s&orn to by him and that the de$osition is a true re#ord of the testimony given by the &itness% He shall then se#urely seal the de$osition in an envelo$e indorsed &ith the title of the a#tion and marked K.e$osition of 6here insert the name of &itness7L and shall $rom$tly file it &ith the #ourt in &hi#h the a#tion is $ending or send it by registered mail to the #lerk thereof for filing% 'e#tion A1% -oti#e of filing% 8 The offi#er taking the de$osition shall give $rom$t noti#e of its filing to all the $arties% 'e#tion AA% +urnishing #o$ies% 8 0$on $ayment of reasonable #harges therefor, the offi#er shall furnish a #o$y of the de$osition to any $arty or to the de$onent% 'e#tion AD% +ailure to attend of $arty giving noti#e% 8 *f the $arty giving the noti#e of the taking of a de$osition fails to attend and $ro#eed there&ith and another attends in $erson or by #ounsel $usuant to the noti#e, the #ourt may order the $arty giving the noti#e to $ay su#h other $arty the amount of the reasonably e:$enses in#urred by him and his #ounsel in so attensing, in#luding reasonable attorney;s fees% 'e#tion AD% +ailure of $arty giving noti#e to serve sub$oena% 8 *f the $arty giving the noti#e of the taking of a de$osition of a &itness fails to serve a sub$oena u$on him and the &itness be#ause of su#h failure does not attend, and if another $arty attends in $erson or by #ounsel be#ause he e:$e#ts the de$osition of that &itness to be taken, the #ourt may order the $arty giving the noti#e to $ay to su#h other $arty the amount of the reasonable e:$enses in#urred by him andhis #ounsel in so attending, in#luding reasonable attorney;s fees%

'e#tion AE% .e$osition y$on &ritten interrogatories9 servi#e of noti#e and of interrogatories% 8 A $arty desiring to take the de$osition of any $erson y$on &ritten interrogatories shall serve them u$on every other $arty &ith a noti#e stating the name and address of the $erson &ho is to ans&er them and the name or des#ri$tive title and address of the offi#er before &hom the de$osition is to be taken% Within ten 61H7 days thereafter, a $arty so served may serve #ross8interrogatories u$on the $arty $ro$osing to take the de$osition% Within five 6E7 days thereafter, the latter may serve re8dire#t interrogatories u$on a $arty &ho has served #ross8interrogatories% Within three 6D7 days after being served &ith a re8dire#t interrogatories, a $arty may serve re#ross8interrogatories u$on the $arty $ro$osing to take the de$osition% 'e#tion AC% ,ffi#ers to take res$onses and $re$are re#ord% 8 A #o$y of the noti#e and #o$ies of all interrogatories served shall be delivered by the $arty taking the de$osition to the offi#er designated in the noti#e, &ho shall $ro#eed $rom$tly in the manner $rovided by se#tions 13, 12 and AH of this Rule, to take the testimony of the &itness in res$onse to the interrogatories and to $re$are, #ertify, and file or mail the de$osition9 atta#hing thereto the #o$y of the noti#e and the interrogatories re#eived by him% 'e#tion A3% -oti#e of filing and furnishing #o$ies% 8 When a de$osition uon interrogatories is filed, the offi#er taking it shall $rom$tly give noti#e thereof to all the $arties, and may furnish #o$ies to them or to the de$onent u$on $ayment of reasonable #harges therefor% 'e#tion A4% ,rders for the $rote#tin of $arties and de$onents% N After the servi#e of the interrogatories and $rior to the taking of the testimony of the de$onent, the #ourt in &hi#h the a#tion is $ending, on motin $rom$tly made by a $arty or a de$onent, and for good #ause sho&n, may make any order s$e#ified in se#tions 1E, 1C and 14 of this Rule &hi#h is a$$ro$riate and 5ust or an order that the de$osition shall not be taken before the offi#er designated in the noti#e or that it shall not be taken e:#e$t u$on oral e:amination% 'e#tion A2% Effe#t of errors and irregularities in de$ositions% 8 6a7 As to noti#e% 8 All errors and irregularities in the noti#e for taking a de$osition are &aived unless &riteen ob5e#tion is $rom$tly served u$on the $arty giving the noti#e% 6b7 As to dis>ualifi#ation of offi#er% 8 ,b5e#tion to taking a de$osition be#ause of dis>ualifi#ation of the offi#er before &hom it is to be taken is &aived unless made before the taking of the de$osition begins or as soon thereafter as the dis>ualifi#atin be#omes kno&n or #ould be dis#overed &ith reasonable diligen#e% R As to #om$eten#y or relevan#y of eviden#e% 8 ,b5e#tions to the #om$eten#y of a &itness or the #om$eten#y, relevan#y, or materiality of testimony are not &aived by failure to make them bofore or during the taking of the de$osition, unless the ground of the ob5e#tion is one &hi#h might have been obviated or removed if $resented at that time% 6d7 As to oral e:aminatin and other $arti#ulars% 8 Errors and irregularities o##urring at the oral e:amination in the manner of taking the de$osition , in the form of the >uestions or ans&ers9 in the oath or affirmation, or in the #ondu#t of the $arties and errors of any kind &hi#h might be obviated, removed, or #ured if $rom$tly $rose#tued, are &aived unless reasonable ob5e#tion thereto is made at the taking of the de$osition% 6e7 As to form of &ritten interrogatories% 8 ,b5e#tions to the form of &ritten interrogatories submitted under se#tions AE and AC of this Rule are &aived unless served in &riting u$on the $arty $ro$ounding them &ithin the time allo&ed for serving su##eeding #ross or other interrogatories and &ithin three 6D7 days after servi#e of the last interrogatories authori?ed% 6f7 As to manner of $re$aration% 8 Errors and irregularities in the manner in &hi#h the testimony is trans#ribed or the de$osition is $are$ared, signed, #ertified, selaed, indorsed, transmitted, filed, or other&ise dealt &ith by the offi#er under se#tions 13, 12, AH and AC of this Rule are &aived unless a motion to su$$ress the de$osition or some $art thereof is made &ith reasonable $rom$tness after su#h defe#t is, or &ith due diligen#e might have been, as#ertained%

RULE 2"
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL 'e#tion 1% .e$ositions before a#tion9 $etition% 8 A $erson &ho desires to $er$etuate his o&n testimony or taht of another $erson regarding any matter that may be #ogni?able in any #ourt of the "hili$$ines, may file a verified $etition in the #ourt of the $la#e of the residen#e of any e:$e#ted adverse $arty% 'e#tion A% )ontents of $etition% 8 The $etition shall be entitled in the name of the $etitioner and shall sho& 6a7 that the $etitioner e:$e#ts to be a $arty to an a#tion in a #ourt of the "hili$$ines but is $resently unable to bring it or #ause it to be brought9 6b7 the sub5e#t matter of the e:$e#ted a#tion and his interest therein9 6#7 the fa#ts &hi#h he desires to establish by the $ro$osed testimony and his reasons for desiring to $er$etuate it9 6d7 the names or a des#ri$tion of the $ersons he e:$e#ts &ill be adverse $arties and them addresses so far as kno&n9 and 6e7 the names and addresses of the $ersons to be e:amined and the substan#e of the testimony &hi#h he e:$e#ts to eli#it from ea#h, and shall ask for an order

authori?ing the $etitioner to take the de$ositions of the $ersons to be e:amined named in the $etition for the $ur$ose of $er$etuating their testimony% 'e#tion D% -oti#e and servi#e% 8 The $etitioner shall serve a noti#e u$on ea#h $erson named in the $etition as an e:$e#ted adverse $arty, together &ith a #o$y of the $etition9 stating that the $etitioner &ill a$$ly to the #ourt, at a time and $la#e named therein, for the order des#ribed in the $etition% At least t&enty 6AH7 days before the date of the hearing, the #ourt shall #asue noti#e thereof to be served on the $arties and $ros$e#tive de$onenets int he manner $rovided for servi#e of summons% 'e#tion J% ,rder and e:amination% 8 *f the #ourt is satisfied that the $er$etuation of the testimony may $revent a failure or delay of 5usti#e, it shall make an order designating or des#ribing the $ersons &hose de$ostion may be takne and s$e#ifying the sub5e#t matter of the e:amination and &herher the de$ositions shall be taken u$on oral e:amination or &ritten interrogatories% The de$ositions may then be taken in a##ordan#e &ith Rule AD before the hearing% 'e#tion E% Referen#e to #ourt% 8 +or the $ur$ose of a$$lying Rule AD to de$ositions for $er$etuating testimony, ea#h referen#e therein to the #ourt in &hi#h the a#tion is $ending shall be deemed to refer to the #ourt in &hi#h the $etition for su#h de$osition &as filed% 'e#tion C% 0se of de$osition% 8 *f a de$osition to $er$etuate testimony is taken under this Rule,or if, although not so taken, it &ould be admissible in eviden#e, it may be used in any a#tion involving the smae sub5e#t matter subse>uently brought in a##ordan#e &ith the $rovisions of se#tions J and E of Rule AD% 'e#tion A3% .e$ositions $ending a$$eal% 8 *f an a$$eal has been taken from a 5udgment of a #ourt, in#luding the )ourt of A$$eals in $ro$er #ases, or before the taking of an a$$eal if the time therefor has not e:$ired, the #ourt in &hi#h the 5udgment &as rendered may allo& the taking of de$ositions of &itnesses to $er$etuate their testimony for use in the event of further $ro#eedings in the said #ourt% *n su#h #ase the $arty &ho desires to $er$etuate the testimony may make a motion in the said #ourt for leave to take the de$ositions, u$on the smae noti#e and servi#e thereof as if the a#tion &as $ending therein%% The motion shall state a7 the names and addresses of the $ersons to be e:amined and the substan#e of the testimony &hi#h he e:$e#ts to eli#it from ea#h9 and 6b7 the reason for $er$etuating their testimony% *f the #ourt finds that the $er$etuation of the testimony is $ro$er to avoid a failure or delay of 5usti#e, it may make an order allo&ing the de$ositions so be taken, and thereu$on the de$ositions may be takne and used in the same manner and under the smae #onditions as are $res#ribed in these Rules for de$ositions taken in $ending a#tions%

RULE 25 INTERRO01TORIES TO P1RTIES

'e#tion 1% *nterrogatories to $arties9 servi#e thereof% 8 0nder the same #onditions s$e#ified in se#tion 1 of Rule AD, any $arty desiring to eli#it material and relevant fa#ts from any adverse $arties shall file and serve u$on the latter &ritten interrogatories to be ans&ered by the $arty served or, fi the $arty served is a $ubli# or $rivate #or$oration or a $artnershi$ or asso#iation, by any offi#er thereof #om$etent to testify in its behalf% 'e#tion A% Ans&er to interogatories% 8 The interrogatories shall be ans&ered fully in &riting and shall be signed and s&orn t by the $erson making them% The $arty u$on &hom the interrogatories have been sserved shall file and serve a #o$y of the ans&ers on the $arty submitting the interrogatories &ithin fifteen 61E7 days after servi#e thereof, unless the #ourt on motino and for good #ause sho&n, e:tends or shortens the time% 'e#tion D% ,b5e#tions to interrogatories% 8 ,b5e#tions to any interrogatories may be $resented to the #ourt &ithin ten 61H7 days after servi#e thereof, &ith noti#e as in #ase of a motion9 and ans&ers shall be deferred until the ob5e#tions are resolved%, &hi#h shall be at as early a time as is $ra#ti#able% 'e#tion J% -umber of interrogatoties% 8 -o $arty may, &ithout leave of #ourt, serve more than one set of interrogatories to be ans&ered by the same $arty% 'e#tion E% '#o$e and use of interrogatories% 8 *nterrogatories may relate to any matters that #an be in>uired into under se#tion A of Rule AD, and the ans&ers may be used for the same $ur$oses $rovided in se#tion J of the same Rule% 'e#tion C% Effe#t of failure to serve &ritten interrogatories% 8 0nless thereafter allo&ed by the #ourt for good #ause sho&n and to $revent a failure of 5usti#e9 a $arty not served &ith &ritten interrogatories may no& be #om$elled by the adverse $arty to give testimony in o$en #ourt9 or to give a de$osition $ending a$$eal%

RULE 22 1D%ISSION *3 1DVERSE P1RT3

'e#tion1% Re>uest for admission% 8 At any time after issues have been 5oined, a $arty may file and serve u$on any $arty a &ritten re>uest for the admission by the latter of the genuineness of any material and releant do#ument des#ribed in and e:hibited &ith the re>uest or of the truth of any meterial and relevant matter of fa#t set forth in the re>uest% )o$ies of the do#uments shall be delivered &ith the re>uest unless #o$ies have already been furnished% 'e#tion A% *m$lied admission% 8H Ea#h of the matters of &hi#h an admission is re>uested shall be deemed admitted unless, &ithin a $eriod designated in the re>uest, &hi#h shall not be less than fifteen 61E7 days after servi#e thereof, or &ithin su#h further time as the #ourt may allo& on motion, the $arty to &hom the re>uest dire#ted files and serves u$on the $arty re>uesting the admission a s&orn statement either denying s$e#ifi#ally the matters of &hi#h an admission si re>uested or setting forth in detail the reasons &hy he #annot truthfully either admit or deny those matters% ,b5e#tions to any re>uest for admission shall be submitted to the #ourt by the $arty re>uested &ithin the $eriod for and $rior to the filinf of his s&orn statement as #ontem$lated in the $re#eding $aragra$h and his #om$lian#e there&ith shall be deferred until su#h obligatins are resolved, &hi#h resolution shall be made as early as $ra#ti#able% 'e#tion D% Effe#t of admission 8 Any admission made by a $arty $ursuant to su#h re>uest is for the $ur$ose of the $ending a#tin only and shall not #onsitute an admission by him for any other $ur$ose nor may the same be used against him in any other $ro#eeding% 'e#tion J% Withdra&al% 8 The #ourt may allo& the $arty making an admissin under this Rule, &hether e:$ress or im$lied, to &ithdra& or amend it u$on su#h terms as may be 5ust% 'e#tion E% Effe#t of failure to file and serve re>uest for admission% 8 0nless other&ise allo&ed by the #ourt for good #ause sho&n and to $revent a failure of 5usti#e, a $arty &ho fails to file and serve a& re>uest for admission on the adverse $arty of material and relevant fa#ts at issue &hi#h, or ought to be &ithin the $ersonal kno&ledge of the latter, shall not be $ermitted to $resent eviden#e on su#h fa#ts% RULE *. PRODUCTION OR INSPECTION OF DOCU=ENT OR THINGS 'e#tion 1% Motion for $rodu#tio or ins$e#tion9 order% 8 0$on motion of any $arty sho&ing good #ause therefor, the #ourt in &hi#h an a#tion is $ending may 6a7 order any $arty to $rodu#e and $ermit the ins$e#tion and do$ying or $hotogra$hing, by or on behalf of the moving $arty, of any designated do#uments, $a$ers, books, a##ounts, loetters, $hotogra$hs, ob5e#ts or tangible things, not $rivileged, &hi#h #onstitute or #ontain eviden#e material to any matter involved in the a#tion and &hi#h are in his $ossessin, #ustody or #ontrol9 or 6b7 order any $arty or $ermit entry u$on designated land or other $or$oerty in his $ossession or #ontrol for the $uro$se of ins$e#ting, measuring, surveying, or $hotogr$ahing the $ro$erty or any designated relevant ob5e#t or o$eration thereon% The order shall s$e#ify the time, $la#e and manner of making the ins$e#tion and taking #io$ies and $hotogr$ahs, and may $res#ribe su#h terms and #onditions as are 5ust%

RULE 24
PHYSICAL AND =ENTAL EKA=INATION

O5 PERSONS
'e#tion 1% When e:amination may be ordered% 8 *n an a#tion on &hi#h the mental or $hysi#al #ondition of a $arty is ain #ontroversy, the #ourt in &hi#h the a#ito is $ending may in its dis#retion order him to submit to a $hysi#al or mental e:amination by a $hysi#ian% 'e#tion A% ,der for e:amination% 8 The orer for e:amination may be made only on motion for good #ause sho&n and u$on noti#e to the $arty to be e:amined and to all other $arties, and shall s$e#ify the time, $la#e, manner, #onditions and s#o$e of the esmination and the $erson or $ersons by &hom it is to be made% 'e#tion D% Re$ort of findings% 8 *f re>uested by the $arty e:amined, the $arty #auseing the esamination to be madee shall deliver to him a #o$y of a detailed &ritten re$ort of the e:amining $hysi#ian setting out his findings and #on#lusions% After su#h re>uest and delivery, the $arty #ausing the e:amination to be made shall be entitled u$on re>uest to re#eive from the $arty e:amined a like re$ort of any e:amination, $reviously or thereafter made, of the same metnal or $hysi#al #ondition% *f the $arty e:amined refuses to deliver su#h re$ort, the #ourt on motion and noti#e may make an order re>uiring delivery on su#h terms as are 5ust, and if a $hysi#ian fails or refuses to make su#h a re$ort the #ourt may e:lude his testimony if offered at the trial% 'e#tion J% Waiver of "rivilege% 8 !y re>uesting and obtaining a re$ort of the e:amination so ordered or by taking the de$osition of the e:aminer , the $arty e:amined &aives any $rivilege he may have in that a#tion or any other involving the same #ontroversy, regarding the testimony of every other $erson &ho has e:amined or may thereafter e:amine him in res$e#t of the mental or $hysi#al e:amination%

RULE 26
REFUSAL TO CO=PLY 2ITH =ODES OF DISCOVERY 'e#tion 1% Refusal to ans&er% 8 *f a $arty or other de$onent refuses to ans&er any >uestion u$on oral e:amination, the e:amination may be #om$leted on other matters or ad5ourned as the $ro$onent of the >uestion may $refer% The $ro$onent may thereafter a$$ly to the $ro$er #ourt of the $la#e &here the de$osition is being taken, for an order to #om$el an ans&er% The same $ro#edure may be availed of &hen a $arty or a &itness refuses to ans&er any interrogatory submitted under Rules AD or AE% *f the a$$li#ation is granted, the #ourt shall re>uire the refusing $arty or de$onent to ans&er the >uestion or interrogatory and if it also finds that the refusal to ans&er &as &ithout substantial 5ustifi#ation, it may re>uire the refusing $arty or de$onent or the #ounsel advising the refusal, or both of them, to $ay the $ro$onent the amount of the reasonable e:$enses in#urred in obtaining the order, in#luding attorney;s fees% *f the a$$li#ation is denied and the #ourt finds that it &as filed &ithout substantial 5ustifi#ation, the #ourt may re>uire the $ro$onent or the #ounsel advising the filing of the a$$li#ation, or both of them, to $ay to the refusing $arty or de$onent the amount of the reasonable e:$enses in#urred in o$$osing the a$$li#ation, in#luding attorney;s fees% 'e#% A% )ontem$t of #ourt% 8 *f the $arty or other &itness refuses to be s&orn to ans&er any >uestion after being dire#ted to do so by the #ourt of the $la#e in &hi#h the de$osition is being taken, the refusal may be #onsidered a #ontem$t of that #ourt% 'e#% D% ,ther #onse>uen#es 8 *f any $arty or an offi#er or managing agent of a $arty refuses to obey an order made under se#tion 1 of this Rule re>uiring him to ans&er designated >uestions, or an order under Rule A3 to $rodu#e any do#ument or other thing for ins$e#tion #o$ying or $hotogra$hing or to $ermit it to be done, or to $ermit entry u$on land or other $ro$erty, or an order made under Rule A4 re>uiring him to submit to a $hysi#al or mental e:amination, the #ourt may make su#h orders in regard to the refusal as are 5ust, and among others the follo&ing 6a7 An order that the matters regarding &hi#h the >uestions &ere asked, or the #hara#ter or des#ri$tion of the thing or land, or the #ontents of the $a$er , or $hysi#al or mental #ondition of the $arty, or any other designated fa#ts shall be taken to be established for the $ur$oses of the a#tion in a##ordan#e &ith the #laim of the $arty obtaining the order9 6b7 An order refusing to allo& the disobedient $arty to su$$ort or o$$ose designated #laims or defenses or $rohibiting him from introdu#ing in eviden#e designated do#ument or things or items of testimony, or from introdu#ing eviden#e of $hysi#al or mental #ondition9 R An order striking out $leadings or $arts thereof, or staying further $ro#eedings until the order is obeyed, or dismissing the a#tion or $ro#eeding or any $art thereof, or rendering a 5udgment by default against the disobedient $arty9 and 6d7 *n lieu of any of the foregoing orders or in addition thereto, an order dire#ting the arrest of any $arty or agent of a $arty for disobeying any su#h orders e:#e$t an order to submit to a $hysi#al or mental e:amination% 'e#% J% E:$enses on refusal to admit% 8 *f a $arty after being served &ith a re>uest under Rule AC to admit the genuineness of any do#ument or the truth of any matter of fa#t, serves a s&orn denial thereof and if the $arty re>uesting the admissions thereafter $roves the genuineness of su#h do#ument or the truth of any su#h matter of fa#t, he may a$$ly to the #ourt for an order re>uiring the other $arty to $ay him the reasonable e:$enses in#urred in making su#h $roof, in#luding attorney;s fees% 0nless the #ourt finds that there &ere good reasons for the denial or that admissions sought &ere of no substantial im$ortan#e, su#h order shall be issued% 'e#% E% +ailure of $arty to attend or serve ans&ers% 8 *f a $arty or an offi#er or managing agent of a $arty &illfully fails to a$$ear before the offi#er &ho is to take his de$osition, after being served &ith a $ro$er noti#e, or fails to serve ans&ers to interrogatories submitted under Rule AE after $ro$er servi#e of su#h interrogatories, the #ourt on motion and noti#e, may strike out all or any $art of any $leading of the $arty, or dismiss the a#tion or $ro#eeding or any $art thereof, or enter a 5udgment by default against the $arty, and in its dis#retion, order him to $ay reasonable e:$enses in#urred by the other, in#luding attorney;s fees% 'e#% C% E:$enses against the Re$ubli# of the "hili$$ines% 8 E:$enses and attorney;s fees are not to be im$osed u$on the Re$ubli# of the "hili$$ines under this Rule%

Re$ubli# v% 'andiganbayan, AHJ ')RA A1A

The various modes or instruments of dis#overy are meant to serve 617 as a devi#e, along &ith the $re8 trial hearing, to narro& and #larify the basi# issues bet&een the $arties, and 6A7 as a devi#e for as#ertaining the fa#ts relative to those issues% The evident $ur$ose is, to re$eat, to enable the $arties, #onsistent &ith re#ogni?ed $rivileges, to obtain fullest $ossible kno&ledge of the issues and fa#ts before #ivil trails and thus $revent that said trials are #arried on in the dark% To this end, the field of in>uiry that may be #overed by de$ositions or interrogatories is as broad as &hen the interrogated $arty is #alled as a &itness to testify orally at trial% The in>uiry e:tends to all fa#ts &hi#h are relevant, &hether they be ultimate or evidentiary, e:#e$ting only those matters &hi#h are $rivileged% The ob5e#tive is as mu#h to give every $arty the fullest $ossible information of all relevant fa#ts before the trial as to obtain eviden#e for use u$on said trial% *n line &ith the $rin#i$le of a##ording liberal treatment to the de$osition8dis#overy me#hanism, su#h modes of dis#overy as a7 de$ositions 6&hether by oral e:amination or &ritten interrogatories7, 6b7 interrogatories to $arties, and 6#7 re>uests for admissions, may be availed of &ithout leave of #ourt, and generally, &ithout #ourt intervention% The Rules of )ourt e:$li#itly $rovide that leave of #ourt is not ne#essary to avail of said modes of dis#overy after an ans&er to the #om$laint has been served% *t is only &hen an ans&er has not yet been filed 6but after 5urisdi#tion has been obtained over the defendant or $ro$erty sub5e#t of the a#tion7 that $rior leave of #ourt is needed to avail of these modes of dis#overy, the reason being that at that time the issues are not yet 5oined and the dis$uted fa#ts are not #lear% ,n the other hand, leave of #ourt is re>uired as regards dis#overy by 6a7 $rodu#tion or ins$e#tion of do#uments or things in a##ordan#e &ith Rule A3, or 6b7 $hysi#al and mental e:amination of $ersons under Rule A4, &hi#h may be granted u$on due a$$li#ation and a sho&ing of due #ourse%

4o v+ CA, >C@ SCRA CCD

A $arty should not be #om$elled to admit matters of fa#t already admitted by his $leading and #on#erning &hi#h there is no issue, nor should he be re>uired to make a se#ond denial of those already denied in his ans&er to the #om$laint% A re>uest for admission is not intended to merely re$rodu#e or reiterate the allegations of the re>uesting $arty;s $leading but should set forth relevant evidentiary matters of fa#t, or do#uments des#ribed in and e:hibited &ith the re>uest, &hose $ur$ose is to establish said $arty;s #ause of a#tion or defense%

5ribonera v+ CA, 6>C SCRA C7E

6'ame ruling as in "o v% )A%7 The re>uest for admission should be served u$on the $arty himself and not u$on #ounsel%

Revilla v+ CA, 6>E SCRA 9D?

Eviden#e is negative &hen the &itness states that he did not see or kno& the o##urren#e of a fa#t, and $ositive &hen the &itness affirms that a fa#t did or did not o##ur% .on )ayetano;s de#laration that he did not e:e#ute a se#ond &ill, #onstitutes $ositive eviden#e of a fa#t $ersonally kno&n to himself that he did not make a se#ond &ill% NOTES ON DISCOVERY5 Modes of .is#overy allo&ed by the Rules 1% .e$ositions A% Written interrogatories of the $arties D% Admissions of the adverse $arty J% "rodu#tion or ins$e#tion of do#ument or things E% Motion for $hysi#al and mental e:amination of $ersons T&o @inds of .e$ositions 1% ,ral e:amination A% Written *nterrogatories 8 different from t&o above Motions .on;t forget -oti#e, signatures Re>uest for admission, >uestions are ans&erable by yes or no

Atta#h re#ei$t of registered mail in the $leading to be sent to the #ourt% "ur$ose for su$$ression of eviden#e 8 based on form% "ur$ose of $rovisional remedies 8 to $revent 5udgment from being useless, 5udgment #an be satisfied .*'),/ER= "R,/*'*,-AL "0R",'E to dis#over eviden#e $revent 5udgment from being ineffe#tive

-AT0RE an#illiary may be e:tra5udi#ial M,.E'

an#illiary 8should be a$$lied for before the #ourt &here the a#tion is $ending

1% .e$osition 1% "reliminary atta#hment9 $ending a$$eal A% Written *nterrogatories A% "reliminary in5un#tion D% Admission of adverse $arty D% Re#eivershi$ 8 $ending a$$eal J% "rodu#tion(*ns$e#tion of .o#% J% Re$levin E% "hysi#al F mental e:amination E% 'u$$ort $endente lite 8 $ending a$$eal

PROVISION1L RE%EDIES
Prel#%# $r< A''$&;%e ' Rule -. Sec. 1. 0rou#&! u-o# 7 ic '))'c $e#) $', i!!ue + 3 At the co((ence(ent of the action or at any ti(e before entry of -ud.(ent, a )laintiff or any )ro)er )arty (ay have the )ro)erty of the adverse )arty attached as security for the satisfaction of any -ud.(ent that (ay be recovered in the follo"in. cases: !a$ In an action for the recovery of a s)ecified a(ount of (oney or da(a.es, other than (oral and eAe()lary, on a cause of action arisin. fro( la", contract, quasi3contract, delict or quasi3delict a.ainst a )arty "ho is about to de)art fro( the 4hili))ines "ith intent to defraud his creditorsF !b$ In an action for (oney or )ro)erty e(be22led or fraudulently (isa))lied or converted to his o"n use by a )ublic officer, or an officer of a cor)oration, or an attorney, factor, bro:er, a.ent, or cler:, in the course of his e()loy(ent as such, or by any other )erson in a fiduciary ca)acity, or for a "illful violation of dutyF G In an action to recover the )ossession of )ro)erty un-ustly or fraudulently ta:en, detained or converted, "hen the )ro)erty, or any )art thereof, has been concealed, re(oved, or dis)osed of to )revent its bein. found or ta:en by the a))licant or an authori2ed )ersonF !d$ In an action a.ainst a )arty "ho has been .uilty of a fraud in contractin. the debt or incurrin. the obli.ation u)on "hich the action is brou.ht, or in the )erfor(ance thereofF !e$ In an action a.ainst a )arty "ho has re(oved or dis)osed of his )ro)erty, or is about to do so, "ith intent to defraud his creditorsF or !f$ In an action a.ainst a )arty "ho does not reside and is not found in the 4hili))ines, or on "ho( su((ons (ay be served by )ublication+ *f $rayer for &rit of atta#hment is in#luded in a )om$laint, verifi#ation in the )om$laint is suffi#ient, se$arate affidavit is not ne#essary% Sec. 2. I!!u'#ce '#& co#)e#)! of or&er + 3 An order of attach(ent (ay be issued either eA3)arte or u)on (otion "ith notice and hearin. by the court in "hich the action is )endin., or by the Court of A))eals or the Su)re(e Court, and (ust require the sheriff of the court to attach so (uch of the )ro)erty in the 4hili))ines of the )arty a.ainst "ho( it is issued, not eAe()t fro( eAecution, as (ay be sufficient to satisfy the a))licant*s de(and, unless such )arty (a:es de)osit or .ives a bond as hereinafter )rovided in an a(ount equal to that fiAed in the order, "hich (ay be the a(ount sufficient to satisfy the a))licant*s de(and or the value of the )ro)erty to be attached as stated by the a))licant, eAclusive of costs+ Several "rits (ay be issued at the sa(e ti(e to the sheriffs of the courts of different -udicial re.ions+ )onsolidated !ank and Trust )om$any v% )ourt of A$$eals +0. SCRA Where the basis for the a$$li#ation of a &rit of atta#hment is embe??lement of money or $ro$erty #ommitted by a defendant &ho is an offi#er of a #or$oration, a $ubli# offi#er, or an atorney, fa#tor, broker or agent or #lerk of the $laintiff, it is not ne#essary to establish his fidu#iary #a$a#ity before the &rit is

granted as su#h fidu#iary #a$a#ity is assumed from the nature of his $osition% it is only &hen the misa$$ro$riation &as #ommitted by any other $erson that his fidu#iary relationshi$ &ith the $laintiff &ill have to be established% 'u#h relationshi$ does not have to be sho&n be#ause it suffi#es that the >uestioned a#ts of em$loying illegal ma#hinations in obtaining enormous #redit fa#ilities for the #or$oration &ere #ommitted by the offi#ers of 0"L+) in the #ourse of their duties and not by Kany other $erson in a fidu#iary #a$a#ity%L Sec. 3. 1ffi&'vi) '#& +o#& re8uire& + 3 An order of attach(ent shall be .ranted only "hen it a))ears by the affidavit of the a))licant, or so(e other )erson "ho )ersonally :no"s the facts, that a sufficient cause of action eAists, that the case is one of those (entioned in section > hereof, that there is no other sufficient security for the clai( sou.ht to be enforced by the action, and that the a(ount due to the a))licant, or the value of the )ro)erty the )ossession of "hich he is entitled to recover, is as (uch as the su( for "hich the order is .ranted above all le.al counterclai(s+ The affidavit, and the bond required by the neAt succeedin. section, (ust be duly filed "ith the court before the order issues+ @%,% Glass )onst% )o%, *n#% v% /alen?uela 11C ')RA +a#ts Held *n $leading for atta#hment against a foreigner, allegation must not be merely that defendant is a foreigner9 there must also be a sho&ing that defendant is about to leave the "hili$$ines &ith intent to defraud their #reditor, or that he is a non8resident alien% Re>uisites for issuan#e of &rit of atta#hment 1% a suffi#ient #ause of a#tion e:ists9 A% #ase is one of those mentioned in 'e# 16a7 of Rule E39 D% there is no other suffi#ient se#urity for the #laim sought to be enfor#ed by the a#tion9 J% the amount due to the a$$li#ant for atta#hment or the value of the $ro$erty of &hi#h he is entitled to re#over is as mu#h as the sum for &hi#h the order is granted above all legal #ounter#laims% ,n#e defendant files a #ounter8bond, the &rit of atta#hment should be dissolved% Sec. ". 9 Co#&i)io# of '--lic'#):! +o#& + 3 The )arty a))lyin. for the order (ust thereafter .ive a bond eAecuted to the adverse )arty in the a(ount fiAed by the court in its order .rantin. the issuance of the "rit, conditioned that the latter "ill )ay all the costs "hich (ay be ad-ud.ed to the adverse )arty and all da(a.es "hich he (ay sustain by reason of the attach(ent, if the court shall finally ad-ud.e that the a))licant "as not entitled thereto+ !ond 8 undertaking done by the surety that it &ill $ay the damages in #ase the $arty guaranteed does not #om$ly &ith the orders of the #ourt% Sec. 5. %'##er of '))'c i#/ -ro-er), + 3 The sheriff enforcin. the "rit shall "ithout delay and "ith all reasonable dili.ence attach, to a"ait -ud.(ent and eAecution in the action, only so (uch of the )ro)erty in the 4hili))ines of the )arty a.ainst "ho( the "rit is issued, not eAe()t fro( eAecution, as (ay be sufficient to satisfy the a))licant*s de(and, unless the for(er (a:es a de)osit "ith the court fro( "hich the "rit is issued, or .ives a counter3bond eAecuted to the a))licant, in an a(ount equal to the bond fiAed by the court in the order of attach(ent or to the value of the )ro)erty to be attached, eAclusive of costs+ %o levy on attach(ent )ursuant to the "rit issued under section 6 hereof shall be enforced unless it is )receded, or conte()oraneously acco()anied, by service of su((ons, to.ether "ith a co)y of the co()laint, the a))lication for attach(ent, the a))licant*s affidavit and bond, and the order and "rit of attach(ent, on the defendant "ithin the 4hili))ines+ The require(ent of )rior conte()oraneous service of su((ons shall not a))ly "here the su((ons could not be served )ersonally or by substituted service des)ite dili.ent efforts, or the defendant is a resident of the 4hili))ines te()orarily absent therefro(, or the defendant is a non3resident of the 4hili))ines, or the action is one in re( or quasi in re(+ ,]ate v% Abrogar ADH ')RA 141 +a#ts Held Writ of $reliminary atta#hment may be validly a$$lied for and granted even before the defendant is summoned or is heard from% Enfor#ement of the $reliminary atta#hment is valid even if it $re#eded the a#tual servi#e of summons &here a $revious attem$t to serve the summons and the &rit of atta#hment failed due to fa#tors beyond the #ontrol of either the $laintiff or the $ro#ess server% Reasons

1% .efendant may $ut his $ro$erty beyond the rea#h of the $laintiff &hile the latter is trying to serve the summons and the &rit ane&% A% )ourt eventually a#>uired 5urisdi#tion over the $laintiffs 6C days later7% D% Ease by &hi#h a &rit of atta#hment #an be obtained is #ounter8balan#ed by the ease &ith &hi#h the same #an be dis#harged% To dis#harge &rit of $reliminary atta#hment, defendant sim$ly has to make a #ash de$osit or $ost a #ounter8bond e>uivalent to the value of the $ro$erty atta#hed% Sec. 2. S eriff:! re)ur#+ 3 After enforcin. the "rit, the sheriff (ust li:e"ise "ithout delay (a:e a return thereon to the court fro( "hich the "rit issued, "ith a full state(ent of his )roceedin.s under the "rit, and a co()lete inventory of the )ro)erty attached, to.ether "ith any counter3bond .iven by the )arty a.ainst "ho( attach(ent is issued, and serve co)ies thereof on the a))licant+ Sec. ;. 1))'c $e#) of re'l '#& -er!o#'l -ro-er),< recor&i#/ ) ereof + 3 Real and )ersonal )ro)erty shall be attached by the sheriff eAecutin. the "rit in the follo"in. (anner: !a$ Real )ro)erty, or .ro"in. cro)s thereon, or any interest therein, standin. u)on the records of the re.istry of deeds of the )rovince in the na(e of the )arty a.ainst "ho( attach(ent is issued, or not a))earin. at all u)on such records, or belon.in. to the )arty a.ainst "ho( attach(ent is issued and held by any other )erson, or standin. on the records of the re.istry of deeds in the na(e of any other )erson, by filin. "ith the re.istry of deeds a co)y of the order, to.ether "ith a descri)tion of the )ro)erty attached, and a notice that it is attached, or that such real )ro)erty and any interest therein held by or standin. in the na(e of such other )erson are attached, and by leavin. a co)y of such order, descri)tion, and notice "ith the occu)ant of the )ro)erty, if any, or "ith such other )erson or his a.ent if found "ithin the )rovince+ here the Land Re.istration Act or the 4ro)erty Re.istration Decree, the notice shall contain a reference to the nu(ber of the certificate of title, the volu(e and )a.e in the re.istration boo: "here the certificate is re.istered, and the re.istered o"ner or o"ners thereof+ The re.istrar of deeds (ust indeA attach(ents filed under this section in the na(es of the a))licant, the adverse )arty, or the )erson by "ho( the )ro)erty is held or in "hose na(e it stands in the records+ If the attach(ent is not clai(ed on the entire area of the land covered by the certificate of title, a descri)tion sufficiently accurate for the identification of the land or interest to be affected shall be included in the re.istration of such attach(entF !b$ 4ersonal )ro)erty ca)able of (anual delivery, by ta:in. and safely :ee)in. it in his custody, after issuin. the corres)ondin. recei)t thereforF G Stoc:s or shares, or an interest in stoc:s or shares, of any cor)oration or co()any, by leavin. "ith the )resident or (ana.in. a.ent thereof, a co)y of the "rit, and a notice statin. that the stoc: or interest of the )arty a.ainst "ho( the attach(ent is issued is attached in )ursuance of such "ritF !d$ Debts and credits, includin. ban: de)osits, financial interest, royalties, co((issions and other )ersonal )ro)erty not ca)able of (anual delivery, by leavin. "ith the )erson o"in. such debts, or havin. in his )ossession or under his control, such credits or other )ersonal )ro)erty, or "ith his a.ent, a co)y of the "rit, and notice that the debts o"in. by hi( to the )arty a.ainst "ho( attach(ent is issued, and the credits and other )ersonal )ro)erty in his )ossession or under his control, belon.in. to said )arty, are attached in )ursuance of such "ritF !e$ The interest of the )arty a.ainst "ho( attach(ent is issued in the )ro)erty belon.in. to the estate of the decedent, "hether as heir, le.atee, or devisee, by servin. the eAecutor or ad(inistrator or other )ersonal re)resentative of the decedent "ith a co)y of the "rit and notice that said interest is attached+ A co)y of said "rit of attach(ent and of said notice shall also be filed in the office of the cler: of court in "hich said estate is bein. settled and served u)on the heir, le.atee or devisee concerned+ If the )ro)erty sou.ht to be attached is in custodia le.is, a co)y of the "rit of attach(ent shall be filed "ith the )ro)er court or quasi3-udicial a.ency, and notice of the attach(ent served u)on the custodian of such )ro)erty+ "ro$erties sub5e#t to Manner of atta#hment atta#hment +ile &ith register of deeds a #o$y of the order of atta#hment &ith noti#e that it is Real $ro$erty, atta#hed and a gro&ing #ro$s des#ri$tion of the thereon, any interest $ro$erty being in su#h real $ro$erty atta#hed Leave #o$y of atta#hment order, des#ri$tion and noti#e &ith the o##u$ant of the

"ersonal $ro$erty #a$able of manual delivery

'to#ks or shares, interest in su#h sto#ks or shares .ebts and #redits 6bank de$osits, finan#ial interest, royalties,#ommissio ns7 ,ther $ersonal $ro$erty not #a$able of manual delivery

$ro$erty 'erve atta#hment order, issue re#ei$t for the $ro$erty being atta#hed and take $ro$erty in his #ustody Leave &ith $resident or managing agent #o$y of the &rit and noti#e that said sto#ks or shares or any interest therein is atta#hed Leave &ith $erson o&ing su#h debts or #redits a #o$y of the &rit and a noti#e that su#h debts or #redits are atta#hed

'erve e:e#utor or administrator &ith a *nterest of an heir, #o$y of the &rit and legatee or devisee in a noti#e that said the $ro$erty of a interest is atta#hed% de#edent +ile #o$y of the &rit and noti#e of atta#hment &ith #lerk of #ourt &here estate is being settled% Sec. 4. Effec) of '))'c $e#) of &e+)!, cre&i)! '#& 'll o) er !i$il'r -er!o#'l -ro-er), + 3 All )ersons havin. in their )ossession or under their control any credits or other si(ilar )ersonal )ro)erty belon.in. to the )arty a.ainst "ho( attach(ent is issued, or o"in. any debts to hi(, at the ti(e of service u)on the( of the co)y of the "rit of attach(ent and notice as )rovided in the last )recedin. section, shall be liable to the a))licant for the a(ount of such credits, debts or other si(ilar )ersonal )ro)erty, until the attach(ent is dischar.ed, or any -ud.(ent recovered by hi( is satisfied, unless such )ro)erty is delivered or transferred, or such debts are )aid, to the cler:, sheriff, or other )ro)er officer of the court issuin. the attach(ent+ Garnishment 8 is a s$e#ies of atta#hment for rea#hing any $ro$erty or #redits $ertaining or $ayable to a 5udgment debtor% *t is a for#ed novation by the substitution of #reditors the 5udgment debtor, &ho is the original #reditor of the garnishee, is, through the servi#e of the &rit of garnishment, substituted by the 5udgment #reditor &ho thereby be#omes #reditor of the garnishee% *t serves as a &arning to a $erson having in his $ossession $ro$erty or #redits of the 5udgment debtor, not to $ay the money or deliver the $ro$erty to the latter, but rather to a$$ear and ans&er the $laintiff;s suit% "erla )om$ania de 'eguros, *n#% v% Ramolete AHD ')RA +a#ts Held 'ervi#e of summons u$on the $erson of the garnishee is not ne#essary to a#>uire 5urisdi#tion over his $erson, all that is ne#essary is the servi#e of the &rit of garnishment% Through the servi#e of the &rit of garnishment, the $erson &ho has in his $ossession #redits belonging to the 5udgment debtor be#omes a Kvirtual $artyL to or a Kfor#ed intervenorL in, the #ase and the trial #ourt thereby a#>uires 5urisdi#tion over his $erson% 'u#h $erson is, therefore, bound to #om$ly &ith all orders and $ro#esses of the trial #ourt &ith a vie& to the #om$lete satisfa#tion of the 5udgment of the #ourt%

Garnishment of third $arty liability insuran#e #ontra#t may be effe#ted from the moment the insured be#ame liable to the third $erson for it is also at that moment that the insured a#>uired an interest in the insuran#e #ontra#t% 'u#h interest may be garnished like any other #redit% *t is not ne#essary that the insured has effe#ted $ayment to the in5ured third $erson in order that the obligation of the insurer may arise% Sec. 6. Effec) of '))'c $e#) of i#)ere!) i# -ro-er), +elo#/i#/ )o ) e e!)')e of ' &ece&e#) + 3 The attach(ent of the interest of an heir, le.atee, or devisee in the )ro)erty belon.in. to the estate of a decedent shall not i()air the )o"ers of the eAecutor, ad(inistrator, or other )ersonal re)resentative of the decedent over such )ro)erty for the )ur)ose of ad(inistration+ Such )ersonal re)resentative, ho"ever, shall re)ort the attach(ent to the court "hen any )etition for distribution is filed, and in the order (ade u)on such )etition, distribution (ay be a"arded to such heir, le.atee, or devisee, but the )ro)erty attached shall be ordered delivered to the sheriff (a:in. the levy, sub-ect to the clai( of such heir, le.atee, or devisee, or any )erson clai(in. under hi(+ Sec+ >7+ EAa(ination of )arty "hose )ro)erty is attached and )ersons indebted to hi( or controllin. his )ro)ertyF delivery of )ro)erty to sheriff+ 3 Any )erson o"in. debts to the )arty "hose )ro)erty is attached or havin. in his )ossession or under his control any credit or other )ersonal )ro)erty belon.in. to such )arty, (ay be required to attend before the court in "hich the action is )endin., or before a co((issioner a))ointed by the court, and be eAa(ined on oath res)ectin. the sa(e+ The )arty "hose )ro)erty is attached (ay also be required to attend for the )ur)ose of .ivin. infor(ation res)ectin. his )ro)erty, and (ay be eAa(ined on oath+ The court (ay, after such eAa(ination, order )ersonal )ro)erty ca)able of (anual delivery belon.in. to hi(, in the )ossession of the )erson so required to attend before the court, to be delivered to the cler: of court of sheriff on such ter(s as (ay be -ust, havin. reference to any lien thereon or clai( a.ainst the sa(e, to a"ait the -ud.(ent in the action+ Sec. 11. W e# '))'c e& -ro-er), $', +e !ol& 'f)er lev, o# '))'c $e#) '#& +efore e#)r, of .u&/$e#)+ 3 henever it shall be (ade to a))ear to the court in "hich the action is )endin., u)on hearin. "ith notice to both )arties, that the )ro)erty attached is )erishable, or that the interests of all the )arties to the action "ill be subserved by the sale thereof, the court (ay order such )ro)erty to be sold at )ublic auction in such (anner as it (ay direct and the )roceeds of such sale to be de)osited in court to abide the -ud.(ent in the action+ Sec. 12. Di!c 'r/e of '))'c $e#) u-o# /ivi#/ cou#)er9+o#& + 3 After a "rit of attach(ent has been enforced, the )arty "hose )ro)erty has been attached or the )erson a))earin. on his behalf, (ay (ove for the dischar.e of the attach(ent "holly or in )art on the security .iven+ The court shall, after due notice and hearin., order the dischar.e of the attach(ent if the (ovant (a:es a cash de)osit, or files a counter3bond eAecuted to the attachin. )arty "ith the cler: of the court "here the a))lication is (ade an a(ount equal to that fiAed by the court in the order of attach(ent, eAclusive of costs+ 5ut if the attach(ent is sou.ht to be dischar.ed "ith res)ect to a )articular )ro)erty, the counter3bond shall be equal to the value of that )ro)erty as deter(ined by the court+ In either case, the cash de)osit or the counter3bond shall secure the )ay(ent of any -ud.(ent that the attachin. )arty (ay recover in the action+ A notice of the de)osit shall forth"ith be served on the attachin. )arty+ H)on the dischar.e of the attach(ent in accordance "ith the )rovisions of this section, the )ro)erty attached, or the )roceeds of any sale thereof, shall be delivered to the )arty (a:in. the de)osit or .ivin. the counter3bond, or to the )erson a))earin. on his behalf, the de)osit or counter3bond aforesaid standin. in )lace of the )ro)erty so released+ Should such counter3bond for any reason be found to be or beco(e insufficient, and the )arty furnishin. the sa(e fail to file an additional counter3bond, the attachin. )arty (ay a))ly for a ne" order of attach(ent+ Motion to .is#harge #annot be a#ted u$on e:8$arte 8 must be a##om$anied by hearing% Sec. 13. Di!c 'r/e of '))'c $e#) o# o) er /rou#&! + 3 The )arty "hose )ro)erty has been ordered attached (ay file a (otion "ith the court in "hich the action is )endin., before or after levy or even after the release of the attached )ro)erty, for an order to set aside or dischar.e the attach(ent on the .round that the sa(e "as i()ro)erly or irre.ularly issued or enforced, or that the bond is insufficient+ If the attach(ent is eAcessive, the dischar.e shall be li(ited to the eAcess+ If the (otion be (ade on affidavits on the )art of the (ovant but not other"ise, the attachin. )arty (ay o))ose the (otion by counter3 affidavits or other evidence in addition to that on "hich the attach(ent "as (ade+ After due notice and hearin., the court shall order the settin. aside or the corres)ondin. dischar.e of the attach(ent if it a))ears that it "as i()ro)erly or irre.ularly issued or enforced, or that the bond is insufficient, or that the attach(ent is eAcessive and the defect is not cured forth"ith+ "ero:ide "hili$$ines )or$% v% )ourt of A$$eals 122 ')RA Where the order lifting of the &rit of atta#hment &as im$ro$erly issued as the atta#hing #reditor &as not allo&ed to o$$ose the a$$li#ation for the dis#harge of the atta#hment by #ounter8affidavit or other eviden#e, su#h order is void and does not have any effe#t at all to the &rit of atta#hment% The &rit #ontinued to be valid from its issuan#e sin#e the 5udgment had not been satisfied , nor has there been a valid dis#harge thereof either by the filing of a #ounter8bond or for im$ro$er or irregular issuan#e% Sec. 1". Procee&i#/! 7 ere -ro-er), cl'i$e& +, ) ir& -er!o# + 3 If the )ro)erty attached is clai(ed by any )erson other than the )arty a.ainst "ho( attach(ent had been issued or his a.ent, and such

)erson (a:es an affidavit of his title thereto, or ri.ht to the )ossession thereof, statin. the .rounds of such ri.ht or title, and serves such affidavit u)on the sheriff "hile the latter has )ossession of the attached )ro)erty, and a co)y thereof u)on the attachin. )arty, the sheriff shall not be bound to :ee) the )ro)erty under attach(ent, unless the attachin. )arty or his a.ent, on de(and of the sheriff, shall file a bond a))roved by the court to inde(nify the third3)arty clai(ant in a su( not less than the value of the )ro)erty levied u)on+ In case of disa.ree(ent as to such value, the sa(e shall be decided by the court issuin. the "rit of attach(ent+ %o clai( for da(a.es for the ta:in. or :ee)in. of the )ro)erty (ay be enforced a.ainst the bond unless the action therefor is filed "ithin one hundred t"enty !>67$ days fro( the date of the filin. of the bond+ The sheriff shall not be liable for da(a.es for the ta:in. or :ee)in. of such )ro)erty, to any such third3 )arty clai(ant, if such bond shall be filed+ %othin. herein contained shall )revent such clai(ant or any third )erson fro( vindicatin. his clai( to the )ro)erty, or )revent the attachin. )arty fro( clai(in. da(a.es a.ainst a third3)arty clai(ant "ho filed a frivolous or )lainly s)urious clai(, in the sa(e or se)arate action+ hen the "rit of attach(ent is issued in favor of the Re)ublic of the 4hili))ines, or any officer duly re)resentin. it, the filin. of such bond shall not be required, and in case the sheriff is sued for da(a.es as a result of the attach(ent, he shall be re)resented by the Solicitor 'eneral, and if held liable therefor, the actual da(a.es ad-ud.ed by the court shall be )aid by the %ational Treasurer out of the funds to be a))ro)riated for the )ur)ose+ Sec. 15. S')i!f'c)io# of .u&/$e#) ou) of -ro-er), '))'c e&< re)ur# of ! eriff. 3 If -ud.(ent be recovered by the attachin. )arty and eAecution issue thereon, the sheriff (ay cause the -ud.(ent to be satisfied out of the )ro)erty attached, if it be sufficient for that )ur)ose in the follo"in. (anner: !a$ 5y )ayin. to the -ud.(ent obli.ee the )roceeds of all sales of )erishable or other )ro)erty sold in )ursuance of the order of the court or so (uch as shall be necessary to satisfy the -ud.(entF !b$ If any balance re(ains due, by sellin. so (uch of the )ro)erty, real or )ersonal, as (ay be necessary to satisfy the balance, if enou.h for that )ur)ose re(ain in the sheriff*s hands, or in those of the cler: of the courtF G 5y collectin. fro( all )ersons havin. in their )ossession credits belon.in. to the -ud.(ent obli.or, or o"in. debts to the latter at the ti(e of the attach(ent of such credits or debts, the a(ount of such credits and debts as deter(ined by the court in the action, and stated in the -ud.(ent, and )ayin. the )roceeds of such collection over to the -ud.(ent obli.ee+ The sheriff shall forth"ith (a:e a return in "ritin. to the court of his )roceedin.s under this section and furnish the )arties "ith co)ies thereof+ Sec. 12. *'l'#ce &ue collec)e& u-o# e=ecu)io#< e=ce!! &elivere& )o .u&/$e#) o+li/or + 3 If after reali2in. u)on all the )ro)erty attached, includin. the )roceeds of any debts or credits collected, and a))lyin. the )roceeds of any debts or credits collected, and a))lyin. the )roceeds to the satisfaction of the -ud.(ent, less the eA)enses of )roceedin.s u)on the -ud.(ent, less the eA)enses of )roceedin.s u)on the -ud.(ent, any balance shall re(ain due, the sheriff (ust )roceed to collect such balance as u)on ordinary eAecution+ henever the -ud.(ent shall have been )aid, the sheriff, u)on reasonable de(and, (ust return to the -ud.(ent obli.or the attached )ro)erty re(ainin. in his hands, and any )roceeds of the sale of the )ro)erty attached not a))lied to the -ud.(ent+ Sec. 1;. Recover, u-o# ) e cou#)er9+o#& + 3 hen the -ud.(ent has beco(e eAecutory, the surety or sureties on any counter3bond .iven )ursuant to the )rovisions of this Rule to secure the )ay(ent of the -ud.(ent shall beco(e char.ed on such counter3bond and bound to )ay the -ud.(ent obli.ee u)on de(and the a(ount due under the -ud.(ent, "hich a(ount (ay be recovered fro( such surety or sureties after notice and su((ary hearin. in the sa(e action+ To&ers Assuran#e )o% v% ,rorama 'u$ermart 4H ')RA *n order that the 5udgment #reditor might re#over from the surety on the #ounterbond, it is ne#essary 617 that e:e#ution be first issued against the $rin#i$al debtor and that su#h e:e#ution &as returned unsatisfied in &hole or in $art9 6A7 that the #reditor made a demand u$on the surety for the satisfa#tion of the 5udgment9 and 6D7 that the surety be given noti#e and a summary hearing in the same a#tion as to his liability for the 5udgment under his #ounterbond% Sec. 14. Di!-o!i)io# of $o#e, &e-o!i)e& + 3 here the )arty a.ainst "ho( attach(ent had been issued has de)osited (oney instead of .ivin. counter3bond, it shall be a))lied under the direction of the court to the satisfaction of any -ud.(ent rendered in favor of the attachin. )arty, and after satisfyin. the -ud.(ent the balance shall be refunded to the de)ositor or his assi.nee+ If the -ud.(ent is in favor of the )arty a.ainst "ho( attach(ent "as issued, the "hole su( de)osited (ust be refunded to hi( or his assi.nee+ Sec. 16, Di!-o!i)io# of '))'c e& -ro-er), 7 ere .u&/$e#) i! for -'r), '/'i#!) 7 o$ '))'c $e#) 7'! i!!ue&+ 3 If -ud.(ent be rendered a.ainst the attachin. )arty, all the )roceeds of sales and (oney collected or received by the sheriff, under the order of attach(ent, and all )ro)erty attached re(ainin. in any such officer*s hands, shall be delivered to the )arty a.ainst "ho( attach(ent "as issued, and the order of attach(ent dischar.ed+

Sec. 2(. Cl'i$ for &'$'/e! o# 'ccou#) of i$-ro-er, irre/ul'r or e=ce!!ive '))'c $e#) + 3 An a))lication for da(a.es on account of i()ro)er, irre.ular, or eAcessive attach(ent (ust be filed before the trial or before a))eal is )erfected or before the -ud.(ent beco(es eAecutory, "ith due notice to the attachin. )arty and his surety or sureties, settin. forth the facts sho"in. his ri.ht to da(a.es and the a(ount thereof+ Such da(a.es (ay be a"arded only after )ro)er hearin. and shall be included in the -ud.(ent on the (ain case+ If the -ud.(ent of the a))ellate court be favorable to the )arty a.ainst "ho( attach(ent "as issued, he (ust clai( da(a.es sustained durin. the )endency of the a))eal by filin. an a))lication in the a))ellate court, "ith notice to the )arty in "hose favor the attach(ent "as issued or his surety or sureties, before -ud.(ent of the a))ellate court beco(es eAecutory+ The a))ellate court (ay allo" the a))lication to be heard and decided by the trial court+ %othin. herein contained shall )revent the )arty a.ainst "ho( the attach(ent "as issued fro( recoverin. in the sa(e action the da(a.es a"arded to hi( fro( any )ro)erty of the attachin. )arty not eAe()t fro( eAecution should the bond or de)osit .iven by the latter be insufficient or fail to fully satisfy the a"ard+ 'antos v% )ourt of A$$eals 2E "hil DCH Where a &rit of atta#hment &as issued and levied u$on a $ro$erty belonging to a third $erson not $arty to the main a#tion, said third $erson may file a se$arate a#tion for damages% The rule that re#overy of damages on a##ount of the issuan#e of a &rit of atta#hment #annot be sub5e#t of a se$arate a#tion, is not a$$li#able &here damages are sought not be#ause the &rit of atta#hment &as illegally or &rongfully issued by the #ourt, but be#ause said &rit &as #aused to levied u$on the $ro$erty of the $laintiff &hi#h &as not a $arty in the #ase &here the atta#hment &as issued% Rule on Third $arty )laim F GAH, Rule E3, im$ortant% 'tatus >uo ante 8 refers to a legal situtation "reliminary &rit of in5un#tion 8 status >uo +inal in5un#tion 8 #hange in legal relationshi$, !a#olod Milling Grave F irre$arable in5ury 8 no fair or reasonable orders #an be granted by the #ourt Right in esse and #lear for a &rit of $reliminary mandatory in5un#tion

Prel#%# $r< I 8u &'#o

Rule -7
Sec. 1. Preli$i#'r, i#.u#c)io# &efi#e&< cl'!!e!+ 3 A )reli(inary in-unction is an order .ranted at any sta.e of an action or )roceedin. )rior to the -ud.(ent or final order, requirin. a )arty or a court , a.ency or a )erson to refrain fro( a )articular act or acts+ It (ay also require the )erfor(ance of a )articular act or acts, in "hich case it shall be :no"n as a )reli(inary (andatory in-unction+ The $rimary $ur$ose of in5un#tion is to $reserve the status >uo by restraining a#tion or interferen#e or by furnishing $reventive relief% The status >uo is the last a#tual, $ea#eable, un#ontested status &hi#h $re#edes the $ending #ontroversy% A mandatory in5un#tion is an e:treme remedy and &ill be granted only on a sho&ing that 6a7 the invasion of the right is material and substantial, 6b7 the right of the #om$lainant is #lear and unmistakable, and 6#7 there is an urgent and $aramount ne#essity for the &rit to $revent serious damage% .istin#tions bet&een in5un#tion and $rohibition a% *n5un#tion is generally dire#ted against a $arty in the a#tion &hile $rohibition is dire#ted against a #ourt, tribunal or $erson e:er#ising 5udi#ial $o&ers9 b% *n5un#tion does not involve the 5urisdi#tion of the #ourt, &hereas $rohibition may be on the ground that the #ourt against &hom the &rit is sought a#ted &ithout or in e:#ess of 5urisdi#tion9 #% *n5un#tion may be the main a#tion itself, or 5ust a $rovisional remedy in the main a#tion, &hereas $rohibition is al&ays a main a#tion% Hen#e, for tem$orary restraint in a $ro#eeding for $rohibition, $reliminary in5un#tion must be sought therein% !ata#lan v% )ourt of A$$eals 13E ')RA

A &rit of $reliminary in5un#tion is $rimarily intended to maintain the status >uo bet&een the $arties e:isting $rior to the filing of the #ase% As an an#illary or $reventive remedy, it may only be resorted to by a litigant to $rote#t or $reserve his rights or interests and for no other $ur$ose during the $enden#y of the $rin#i$al a#tion% )ourts should not 5ust summarily issue an order of denial &ithout an ade>uate hearing and 5udi#ious evaluation of the merits of the a$$li#ation as the same &ould be a denial of $ro#edural due $ro#ess and #ould result in irre$arable $re5udi#e to a $arty% Sec. 2. W o $', /r'#) -reli$i#'r, i#.u#c)io# + 3 A )reli(inary in-unction (ay be .ranted by the court "here the action or )roceedin. is )endin.+ If the action or )roceedin. is )endin. in the Court of A))eals or in the Su)re(e Court, it (ay be issued by said court or any (e(ber thereof+ Sec. 3. 0rou#&! for i!!u'#ce of -reli$i#'r, i#.u#c)io# + 3 A )reli(inary in-unction (ay be .ranted "hen it is established: !a$ That the a))licant is entitled to the relief de(anded, and the "hole or )art of such relief consists in restrainin. the co((ission or continuance of the act or acts co()lained of, or in requirin. the )erfor(ance of an act or acts, either for a li(ited )eriod or )er)etuallyF !b$ That the co((ission, continuance or non3)erfor(ance of the act or acts co()lained of durin. the liti.ation "ould )robably "or: in-ustice to the a))licantF or G That a )arty, court, a.ency or a )erson is doin., threatenin., or is atte()tin. to do, or is )rocurin. or sufferin. to be done, so(e act or acts )robable in violation of the ri.hts of the a))licant res)ectin. the sub-ect of the action or )roceedin., and tendin. to render the -ud.(ent ineffectual+ !a#olod Mur#ia Milling v% )a$itol 13 ')RA +or the &rit of $reliminary in5un#tion to issue, there must be a sho&ing based on fa#ts that the $arty availing of the remedy is entitled to the relief demanded% An in5un#tion &ill not issue to $rote#t a right not in esse and &hi#h may never arise or to restrain an a#t, &hi#h does not give rise to a #ause of a#tion The fun#tion of an in5un#tion is the maintenan#e of the status >uo as of the time of its issuan#e% *n the #ase at bar, the right of the )entral in using the rail&ay has already e:$ired there being no right to be $rote#ted anymore, the &rit of $reliminary in5un#tion #annot be had% Merville "ark Homeo&ners Asso#iation *n#% v% /ele? +04 SCRA Where the village asso#iation seeks to take $ossession and #ontrol of the &ater&orks system from the 'alandanan &ho failed to undertake #ertain #ontra#tual obligations ne#essary to assure the homeo&ners of a steady &ater su$$ly, a &rit of $reliminary mandatory in5un#tion &ill not be granted absent a sho&ing that the severe &ater shortage had not been remedied and that a #lear and $resent danger of the same or similar default on 'alandanan;s $art, threatening the same severe #onse>uen#es for the subdivision residents% A $reliminary mandatory in5un#tion is not a $ro$er remedy to take $ro$erty out of the $ossession and #ontrol of one $arty and to deliver the same to the other $arty &here $ossession of su#h $ro$erty is being dis$uted% *t may issue $endente lite only in #ases of e:treme urgen#y, &here the right to the $ossession, during the $enden#y of the main #ase, of the $ro$erty involved is very #lear9 &here the #onsiderations of relative in#onvenien#e bear strongly in favor of the #om$lainant seeking the $ossession of $endente lite9 &here there &as &illful and unla&ful invasion of $laintiff;s rights, over his $rotest and remonstran#e the in5ury being a #ontinuing one9 &here the effe#t of the $reliminary mandatory in5un#tion is to re8establish and maintain a $re8e:isting and #ontinuing relationshi$ bet&een the $arties, re#ently and arbitrarily interru$ted by the defendant, rather than to establish a ne& relationshi$ during the $enden#y of the $rin#i$al #ase% *t is for the $arty re>uesting the &rit to demonstrate #learly the $resen#e of one or more of the above grounds% Sec+ @+ Ierified a))lication and bond for )reli(inary in-unction or te()orary restrainin. order+ 3 A )reli(inary in-unction or te()orary restrainin. order (ay be .ranted only "hen: !a$ The a))lication in the action or )roceedin. is verified and sho"s facts entitlin. the a))licant to the relief de(andedF and !b$ Hnless eAe()ted by the court, the a))licant files "ith the court "here the action or )roceedin. is )endin. a bond eAecuted to the )arty or )erson en-oined, in an a(ount to be fiAed by the court, to the effect that the a))licant "ill )ay to such )arty or )erson all da(a.es "hich he (ay sustain by reason of the in-unction or te()orary restrainin. order if the court should finally decide that the a))licant "as not entitled thereto+ H)on a))roval of the requisite bond, a "rit of )reli(inary in-unction shall be issued+ G hen an a))lication for a "rit of )reli(inary in-unction or a te()orary restrainin. order is included in a co()laint or any initiatory )leadin., the case, if filed in a (ulti)le3sala court, shall be raffled only after notice to and in the )resence of the adverse )arty or the )erson to be en-oined+ In any event, such notice shall be )receded, or conte()oraneously acco()anied by service of su((ons, to.ether "ith a co)y of

the co()laint or initiatory )leadin. and the a))licant*s affidavit and bond, u)on the adverse )arty in the 4hili))ines+ ,o"ever, "here the su((ons could not be served )ersonally or by substituted service des)ite dili.ent efforts, or the adverse )arty is a resident of the 4hili))ines te()orarily absent therefro( or is a nonresident thereof, the require(ent of )rior or conte()oraneous service of su((ons shall not a))ly+ !d$ The a))lication for a te()orary restrainin. order shall thereafter be acted u)on only after all )arties are heard in a su((ary hearin. "hich shall be conducted "ithin t"enty3four !6@$ hours after the sheriff*s return of service and;or the records are received by the branch selected by raffle and to "hich the records shall be trans(itted i((ediately+ Sec. 5. Preli$i#'r, i#.u#c)io# #o) /r'#)e& 7i) ou) #o)ice< e=ce-)io# + 3 %o )reli(inary in-unction shall be .ranted "ithout hearin. and )rior notice to the )arty or )erson sou.ht to be en-oined+ If it shall a))ear fro( facts sho"n by affidavits or by verified a))lication that .reat or irre)arable in-ury "ould result to the a))licant before the (atter can be heard on notice, the court to "hich the a))lication for )reli(inary in-unction "as (ade, nay issue eA )arte a te()orary restrainin. order to be effective only for a )eriod of t"enty !67$ days fro( service on the )arty or )erson sou.ht to be en-oined, eAce)t as herein )rovided+ ithin the said t"enty3day )eriod, the court (ust order said )arty or )erson to sho" cause, at a s)ecified ti(e and )lace, "hy the in-unction should not be .ranted, deter(ine "ithin the sa(e )eriod "hether or not the )reli(inary in-unction shall be .ranted, and accordin.ly issue the corres)ondin. order+ ,o"ever, and sub-ect to the )rovisions of the )recedin. sections, if the (atter is of eAtre(e ur.ency and the a))licant "ill suffer .rave in-ustice and irre)arable in-ury, the eAecutive -ud.e of a (ulti)le3sala court or the )residin. -ud.e of a sin.le3sala court (ay issue eA )arte a te()orary restrainin. order effective for only seventy3t"o !E6$ hours fro( issuance but he shall i((ediately co()ly "ith the )rovisions of the neAt )recedin. section as to service of su((ons and the docu(ents to be served there"ith+ Thereafter, "ithin the aforesaid seventy3t"o !E6$ hours, the -ud.e before "ho( the case is )endin. shall conduct a su((ary hearin. to deter(ine "hether the te()orary restrainin. order shall be eAtended until the a))lication for )reli(inary in-unction can be heard+ In no case shall the total )eriod of effectivity of the te()orary restrainin. order eAceed t"enty !67 days, includin. the ori.inal seventy3t"o hours )rovided herein+ In the event that the a))lication for )reli(inary in-unction is denied or not resolved "ithin the said )eriod, the te()orary restrainin. order is dee(ed auto(atically vacated+ The effectivity of a te()orary restrainin. order is not eAtendible "ithout need of any -udicial declaration to that effect and no court shall have authority to eAtend or rene" the sa(e on the sa(e .round for "hich it "as issued+ ,o"ever, if issued by the Court of A))eals or a (e(ber thereof, the te()orary restrainin. order shall be effective for siAty !C7$ days fro( service on the )arty or )erson sou.ht to be en-oined+ A restrainin. order issued by the Su)re(e Court or a (e(ber thereof shall be effective until further orders+

Te%por$r< res'r$# # : or(er, @;e #ssue(

1% When great or irre$arable in5ury &ould result to the a$$li#ant even before the a$$li#ation is heard on noti#e9 AH8day tem$orary restraining order is issued% A% *f the matter is of e:treme urgen#y and the a$$li#ant &ill suffer grave in5usti#e and irre$arable in5ury, the #ourt may issue e: $arte a 3A8hour tem$orary restraining order9 #an only be issued by the e:e#utive 5udge of a multi$le8sala #ourt or by the $residing 5udge of a single8sala #ourt% The 5udge issuing a 3A8hour TR, is obliged to #ondu#t a summary hearing &ithin the effe#tivity of the 3A8hour TR, to determine &hether the TR, shall be e:tended in &hi#h #ase, the same is #onverted into a AH8day TR,% Within the AH8day $eriod of effe#tivity of the TR, the #ourt shall determine in a hearing &hether or not the $reliminary in5un#tion is to be granted% This AH8day $eriod is ine:tendible% Thus, a TR, may be #onverted to a $reliminary in5un#tion, &hi#h in turn may be #onverted into a final in5un#tion% TR, and $reliminary in5un#tion are issued to maintain the status >uo ante, that is, $rior to the institution of the main a#tion% A final in5un#tion #onfirms a $reliminary in5un#tion and $er$etually en5oins a $arty or $erson from doing the a#t(s #om$lained of% Effe#tivity of TR,s TR, issued by trail #ourt may either be for 3A hours or AH days9 if issued by the )A or a member thereof, it shall be effe#tive for si:ty 6CH7 days9 TR,sH issued by the ') shall be effe#tive until further noti#e% 'o#ial 'e#urity )ommission v% !ayona E ')RA

.amages are irre$arable &ithin the meaning of the rule relative to the issuan#e of in5un#tion &hen there is no standard by &hi#h their amount #an be measured &ith reasonable a##ura#y% An irre$arable in5ury &hi#h a #ourt of e>uity &ill en5oin in#ludes that degree of &rong of a re$eated and #ontinuing kind &hi#h $rodu#e hurt, in#onvenien#e, or damage that #an be estimated only by #on5e#ture and not by any a##urate standard of measurement% An irre$arable in5ury to authori?e an in5un#tion #onsists of Ka serious #harge of, or is destru#tive to, the $ro$erty it affe#ts, either $hysi#ally or in the #hara#ter in &hi#h it has been held and en5oined, or &hen the $ro$erty has some $e#uliar >uality or use, so that its $e#uniary value &ill not fairly re#om$ense the o&ner of the loss thereof%L +or an in5ury to be irre$arable, it does not have to refer to the amount of damages that may be #aused but rather to the diffi#ulty of measuring the damages infli#ted% *f full #om$ensation #an be obtained by &ay of damages, e>uity &ill not a$$ly the remedy of in5un#tion% Sec. 2. 0rou#&! for o+.ec)io# )o, or for $o)io# of &i!!olu)io# of, i#.u#c)io# or re!)r'i#i#/ or&er + 3 The a))lication for in-unction or restrainin. order (ay be denied, u)on a sho"in. of its insufficiency+ The in-unction or restrainin. order (ay also be denied, or, if .ranted, (ay be dissolved, on other .rounds u)on affidavits of the )arty or )erson en-oined, "hich (ay be o))osed by the a))licant also by affidavits+ It (ay further be denied or .ranted, (ay be dissolved, if it a))ears after hearin. that althou.h the a))licant is entitled to the in-unction or restrainin. order, the issuance or continuance thereof, as the case (ay be, "ould cause irre)arable da(a.e to the )arty or )erson en-oined "hile the a))licant can be fully co()ensated for such da(a.es as he (ay suffer, and the for(er files a bond in an a(ount fiAed by the court conditioned that he "ill )ay all da(a.es "hich the a))licant (ay suffer by the denial or the dissolution of the in-unction or restrainin. order+ If it a))ears that the eAtent of the )reli(inary in-unction or restrainin. order .ranted is too .reat, it (ay be (odified+ Sec. ;. Service of co-ie! of +o#&!< effec) of &i!'--rov'l of !'$e + 3 The )arty filin. a bond in accordance "ith the )rovisions of this Rule shall forth"ith serve a co)y of such bond on the other )arty, "ho (ay eAce)t to the sufficiency of the bond, or of the surety or sureties thereon+ If the a))licant*s bond is found to be insufficient in a(ount, or if the surety or sureties thereon fail to -ustify, and a bond sufficient in a(ount "ith sufficient sureties a))roved after -ustification is not filed forth"ith, the in-unction shall be dissolved+ If the bond of the adverse )arty is found to be insufficient in a(ount, or the surety or sureties thereon fail to -ustify a bond sufficient in a(ount "ith sufficient sureties a))roved after -ustification is not filed forth"ith, the in-unction shall be .ranted or restored, as the case (ay be+ Sec. 4. Ju&/$e#) )o i#clu&e &'$'/e! '/'i#!) -'r), '#& !ure)ie! + 3 AT the trial, the a(ount of da(a.es to be a"arded to either )arty, u)on the bond of the adverse )arty, shall be clai(ed, ascertained, and a"arded under the sa(e )rocedure )rescribed in section 67 of Rule 9E+ Sec. 6. W e# fi#'l i#.u#c)io# /r'#)e& + 3 If after the trial of the action it a))ears that the a))licant is entitled to have the act or acts co()lained of )er(anently en-oined, the court shall .rant a final in-unction )er)etually restrainin. the )arty or )erson en-oined fro( the co((ission or continuance of the act or acts or confir(in. the )reli(inary (andatory in-unction+

Gil#hrist v% )uddy A2 "hil EJA

Re&e#"ers;#p Rule -0
Sec. 1. 1--oi#)$e#) of receiver+ 3 H)on a verified a))lication , one or (ore receivers of the )ro)erty sub-ect of the actin or )roceedin. (ay be a))ointed by the court "here the action is )endin., or by the Court of A))eals or by the Su)re(e Court, or a (e(ber thereof, in the follo"in. cases: !a$ hen it a))ears fro( the verified a))lication, and such other )roof as the court (ay require, that the )arty a))lyin. for the a))oint(ent of a receiver has an interest in the )ro)erty or fund "hich is the sub-ect of the action or )roceedin., and that such )ro)erty or fund is in dan.er of bein. lost, re(oved, or (aterially in-ured unless a receiver be a))ointed to ad(inister and )reserve itF !b$ hen it a))ears in an action by the (ort.a.ee for the foreclosure of a (ort.a.e that the )ro)erty is in dan.er of bein. "asted or dissi)ated or (aterially in-ured, and that its value is )robable insufficient to dischar.e the (ort.a.e debt, or that the )arties have so sti)ulated in the contract of (ort.a.eF G After -ud.(ent, to )reserve the )ro)erty durin. the )endency of an a))eal, or to dis)ose of it accordin. to the -ud.(ent, or to aid eAecution "hen the eAecution has been returned unsatisfied or the -ud.(ent obli.or refuses to a))ly his )ro)erty in satisfaction of the -ud.(ent, or other"ise to carry the -ud.(ent into effectF

!d$ henever in other cases it a))ears that the a))oint(ent of a receiver is the (ost convenient and feasible (eans of )reservin., ad(inisterin., or dis)osin. of the )ro)erty in liti.ation+ Durin. the )endency of an a))eal, the a))ellate court (ay allo" an a))lication for the a))oint(ent of a receiver to be filed in and decided by the court of ori.in and the receiver a))ointed to be sub-ect to the control of said court+ )ommodities 'torage v% )ourt of A$$eals G%R% -o% 1AEHH4 A $etition for re#eivershi$ re>uires that the $ro$erty or fund &hi#h is the sub5e#t of the a#tion must be in danger of loss, removal or material in5ury &hi#h ne#essitates $rote#tion or $reservation% *n the instant #ase, there is no suffi#ient sho&ing that the i#e $lant is in danger of disa$$earing or being &ated and redu#ed to a Ps#ra$ hea$%L At the time the trial #ourt issued the order for re#eivershi$ of the $ro$erty, the $roblem had been remedied and there &as no imminent danger of any leakage% -either $arty to a litigation should be a$$ointed as re#eiver &ithout the #onsent of the other be#ause a re#eiver should be a $erson indifferent to the $arties and should be im$artial and disinterested% The re#eiver is not the re$resentative of any of the $arties but of all of them to the end that their interests may be e>ually $rote#ted &ith the least $ossible in#onvenien#e and e:$ense% Sec. 2. *o#& o# '--oi#)$e#) of receiver + 3 5efore issuin. the order a))ointin. a receiver the court shall require the a))licant to file a bond eAecuted to the )arty a.ainst "ho( the a))lication is )resented, in an a(ount to be fiAed by the court, to the effect that the a))licant "ill )ay such )arty all da(a.es he (ay sustain by reason of the a))oint(ent of such receiver in case the a))licant shall have )rocured such a))oint(ent "ithout sufficient causeF and the court (ay, I its discretion, at any ti(e after the a))oint(ent, require an additional bond as further security for such da(a.es+ Sec. 3. De#i'l of '--lic')io# or &i!c 'r/e of receiver + 3 The a))lication (ay be denied, or the receiver dischar.ed, "hen the adverse )arty files a bond eAecuted to the a))licant, in an a(ount to be fiAed b the court, to the effect that such )arty "ill )ay the a))licant all da(a.es he (ay suffer by reason of the acts, o(issions, or other (atters s)ecified in the a))lication as .round for such a))oint(ent+ The receiver (ay also be dischar.ed if it is sho"n that his a))oint(ent "as obtained "ithout sufficient cause+ Sec. ". O') '#& +o#& of receiver + 3 5efore enterin. u)on his duties, the receiver shall be s"orn to )erfor( the( faithfully, and shall file a bond, eAecuted to such )erson and in such su( as the court (ay direct, to the effect that he "ill faithfully dischar.e his duties in the action or )roceedin. and obey the orders of the court+ Sec. 5. Service of co-ie! of +o#&!< effec) of &i!'--rov'l of !'$e + 3 The )erson filin. a bond in accordance "ith the )rovisions of this Rule shall forth"ith serve a co)y thereof on each interested )arty, "ho (ay eAce)t to its sufficiency or of the surety or sureties thereon+ If either the a))licant*s of the receiver*s bond is found to be insufficient in a(ount, or if the surety or sureties thereon fail to -ustify, and a bond sufficient in a(ount "ith sufficient sureties a))roved after -ustification is not filed forth"ith, the a))lication shall be denied or the receiver dischar.ed, as the case (ay be+ If the bond of the adverse )arty is found to be insufficient in a(ount or the surety or sureties thereon fail to -ustify, and a bond sufficient in a(ount "ith sufficient sureties a))roved after -ustification is not filed forth"ith, the receiver shall be a))ointed and re3a))ointed, as the case (ay be+ Sec. 2. 0e#er'l -o7er! of receiver + 3 Sub-ect to the control of the court in "hich the action or )roceedin. is )endin., a receiver shall have the )o"er to brin. and defend, in such ca)acity, actions in his o"n na(eF to ta:e and :ee) )ossession of the )ro)erty in controversyF to receive rentsF o collect debts due to hi(self as receiver or to the fund, )ro)erty, estate, )erson, or cor)oration of "hich he is the receiverF to co()ound and co()ro(ise the sa(eF to (a:e transfersF to )ay outstandin. debtsF to divide the (oney and other )ro)erty that shall re(ain a(on. the )ersons le.ally entitled to receive the sa(eF and .enerally to do such acts res)ectin. the )ro)erty as the court (ay authori2e+ ,o"ever, funds in the hands of a receiver (ay be invested only by order of the court u)on the "ritten consent of all the )arties to the action+ %o action (ay be filed by or a.ainst a receiver "ithout leave of the court "hich a))ointed hi(+ Sec. ;. Li'+ili), for refu!'l or #e/lec) )o &eliver -ro-er), )o receiver + 3 A )erson "ho refuses or ne.lects, u)on reasonable de(and, to deliver to the receiver all the )ro)erty, (oney, boo:s, deeds, notes, bills, docu(ents and )a)ers "ithin his )o"er of control sub-ect of or involved in the action or )roceedin., or in case of disa.ree(ent, as deter(ined and ordered by the court, (ay be )unished for conte()t and shall be liable to the receiver for the (oney or the value of the )ro)erty and other thin.s so refused or ne.lected to be surrendered, to.ether "ith all da(a.es that (ay have been sustained by the )arty or )arties entitled thereto as a consequence of such refusal or ne.lect+ Sec. 4. Ter$i#')io# of receiver! i-< co$-e#!')io# of receiver + 3 henever the court, (otu )ro)io or on (otion of either )arty, shall deter(ine that the necessity for a receiver n lon.er eAists, it shall, after due notice to all interested )arties and hearin., settle the accounts of the receiver, direct the delivery of the funds and other )ro)erty in his )ossession to the )erson ad-ud.ed to be entitled to receive the(, and order the dischar.e of thereceiver fro( further duty as such+ The court shall allo" the receiver such reasonable co()ensation as the circu(stances of the case "arrant, to be taAed as costs a.ainst the defeated )arty, or a))ortioned, as -ustice requires+

Sec. 6. Ju&/$e#) )o i#clu&e recover, '/'i#!) !ure)ie! + 3 The a(ount, if any, to be a"arded to any )arty u)on any bond filed in accordance "ith the )rovisions of this Rule, shall be clai(ed, ascertained, and .ranted under the sa(e )rocedure )rescribed in section 67 of Rule 9E+

Reple"# Rule 43
Sec. 1. 1--lic')io# 3 A )arty )rayin. for the recovery of )ossession of )ersonal )ro)erty (ay, at the co((ence(ent of the action or at any ti(e before ans"er, a))ly for an order for the delivery of such )ro)erty to hi(, in the (anner hereinafter )rovided+ Sec. 2. 1ffi&'vi) '#& +o#&. 3 The a))licant (ust sho" by his o"n affidavit or that of so(e other )erson "ho )ersonally :no"s the facts: !a$ That the a))licant is the o"ner of the )ro)erty clai(ed, )articularly describin. it, or is entitled to the )ossession thereofF !b$ That the )ro)erty is "ron.fully detained by the adverse )arty, alle.in. the cause of detention thereof accordin. to the best of his :no"led.e, infor(ation, and beliefF G That the )ro)erty has not been distrained or ta:en for a taA assess(ent or a fine )ursuant to la", or sei2ed under a "rit of eAecution or )reli(inary attach(ent, or other"ise )laced under custodia le.is, or if so sei2ed, that it is eAe()t fro( such sei2ure or custodyF and !d$ The actual (ar:et value of the )ro)erty+ The a))licant (ust also .ive a bond, eAecuted to the adverse )arty in double the value of the )ro)erty as stated in the affidavit afore(entioned, for the return of the )ro)erty to the adverse )arty if such return be ad-ud.ed, and for the )ay(ent to the adverse )arty of such su( as he (ay recover fro( the a))lication in the action+ Sec. 3. Or&er. 3 H)on the filin. of such affidavit and a))roval of the bond, the court shall issue an order and the corres)ondin. "rit of re)levin describin. the )ersonal )ro)erty alle.ed to be "ron.fully detained and requirin. the sheriff forth"ith to ta:e such )ro)erty into his custody+ Sec. ". Du), of ) e ! eriff + 3 H)on receivin. such order, the sheriff (ust serve a co)y thereof on the adverse )arty, to.ether "ith a co)y of the a))lication, affidavit and bond, and (ust forth"ith ta:e the )ro)erty, if it be in the )ossession of the adverse )arty, or his a.ent, and retain it in his custody+ If the )ro)erty or any )art thereof be concealed in a buildin. or enclosure, the sheriff (ust de(and its delivery, and if it be not delivered, he (ust cause the buildin. or enclosure to be bro:en o)en and ta:e the )ro)erty as herein )rovided, he (ust :ee) it in a secure )lace and shall be res)onsible for its delivery to the )arty entitled thereto u)on receivin. his fees and necessary eA)enses for ta:in. and :ee)in. the sa(e+ Sec. 5. Re)ur# of -ro-er), + J If the adverse )arty ob-ects of the sufficiency of the a))licant*s bond, or of the surety or sureties thereon, he cannot i((ediately require the return of the )ro)erty, but if he does not so ob-ect, he (ay, at any ti(e before the delivery of the )ro)erty to the a))licant, require the return thereof, by filin. "ith the court "here the action is )endin. a bond eAecuted to the a))licant, in double the value of the )ro)erty as stated in the a))licant*s affidavit for the delivery thereof to the a))licant, if such delivery be ad-ud.ed, and for the )ay(ent of such su( to hi( as (ay be recovered a.ainst the adverse )arty, and by servin. a co)y of such bond on the a))licant+ Sec. 2. Di!-o!i)io# of -ro-er), +, ! eriff + J If "ithin five !9$ days after ta:in. the )ro)erty by the sheriff, the adverse )arty does not ob-ect to the sufficiency of the bond, or the surety or sureties thereonF or if the adverse )arty so ob-ects and the court affir(s its a))roval of the a))licant*s bond or a))roves a ne" bond, or if the adverse )arty requires the return of the )ro)erty but his bond is ob-ected to and found insufficient and he does not forth"ith file an a))roved bond, the )ro)erty shall be delivered to the a))licant+ If for any reason the )ro)erty is not delivered to the a))licant, the sheriff (ust return it to the adverse )arty+ Sec. ;. Procee&i#/! 7 ere -ro-er), cl'i$e& +, ) ir& -er!o#. J If the )ro)erty ta:en is clai(ed by any third )erson other than the )arty a.ainst "ho( the "rit of re)levin had been issued or his a.ent, and such )erson (a:es an affidavit of his title thereto, or ri.ht to the )ossession thereof, statin. the .rounds therefor, and serves such affidavit u)on the sheriff "hile the latter has )ossession of the )ro)erty and a co)y thereof u)on the a))licant, the sheriff shall not be bound to :ee) the )ro)erty under re)levin or deliver it to the a))licant unless the a))licant or his a.ent, on de(and of said sheriff shall file a bond a))roved by the court to inde(nify the third3)arty clai(ant in a su( not less than the value of the )ro)erty under re)levin as )rovided in section 6 hereof+ In case of disa.ree(ent as to such value, the

court shall deter(ine the sa(e+ %o clai( for da(a.es for the ta:in. or :ee)in. of the )ro)erty (ay be enforced a.ainst the bond unless the action therefor is filed "ithin one hundred t"enty !>67$ days fro( the date of the filin. of the bond+ The sheriff shall not be liable for da(a.es, for the ta:in. or :ee)in. of such )ro)erty, to any such third3 )arty clai(ant if such bond shall be filed+ %othin. herein contained shall )revent such clai(ant or any third )erson fro( vindicatin. his clai( to the )ro)erty, or )revent the a))licant fro( clai(in. da(a.es a.ainst a third3)arty clai(ant "ho filed a frivolous or )lainly s)urious clai(, in the sa(e or a se)arate action+ hen the "rit of re)levin is issued in favor of the Re)ublic of the 4hili))ines, or any officer duly re)resentin. it, the filin. of such bond shall not be required, and in case the sheriff is sued for da(a.es as a result of the re)levin, he shall be re)resented by the Solicitor 'eneral, and if held liable therefor, the actual da(a.es ad-ud.ed by the court shall be )aid by the %ational Treasurer out of the funds to be a))ro)riated for the )ur)ose+ Sec. 4. Re)ur# of -'-er!+ J The sheriff (ust file the order, "ith his )roceedin.s indorsed thereon, "ith the court "ithin ten !>7$ days after ta:in. the )ro)erty (entioned therein+ Sec. 6. Ju&/$e#) + J After trial of the issues, the court shall deter(ine "ho has the ri.ht to the )ossession to and the value of the )ro)erty and shall render -ud.(ent in the alternative for the delivery thereof to the )arty entitled to the sa(e, or for its value in case delivery cannot be (ade, and also for such da(a.es as either )arty (ay )rove, "ith costs+ Sec. 1(. Ju&/$e#) )o i#clu&e recover, '/'i#!) !ure)ie! + J The a(ount, if any, to be a"arded to any )arty u)on any bond filed in accordance "ith the )rovisions of this Rule, shall be clai(ed, ascertained, and .ranted under the sa(e )rocedure as )rescribed in section 67 of Rule 9E+

Suppor' Pe (e 'e L#'e Rule 4+

Sec. 1. 1--lic')io# + 3 At the co((ence(ent of the )ro)er action or )roceedin., or at any ti(e )rior to the -ud.(ent or final order, a verified a))lication of su))ort )endente lite (ay be filed by any )arty statin. the .rounds for the clai( and the financial conditions of both )arties, and acco()anied by affidavits, de)ositions or other authentic docu(ents in su))ort thereof+

2;$' #s suppor' pe (e 'e l#'eL

*t is a $rovisional remedy &hi#h grants a $erson entitled to su$$ort an amount enough for his Ksustenan#e, d&elling, #lothing, medi#al attendan#e, edu#ation and trans$ortationL 6Art% 12J, +amily )ode7 &hile the a#tion is $ending in #ourt% *t may be availed of by any of the $arties in the a#tion for su$$ort or in a $ro#eeding &here one of the reliefs sought is su$$ort for the a$$li#ant% The #a$a#ity of the $erson &ho &ill $rovide the su$$ort and the needs of the one entitled to be su$$orted are taken into #onsideration in setting the amount of su$$ort to be granted% 'u$$ort $endente lite #an be availed of at the #ommen#ement of the a#tion or at any time before the 5udgment or final order is rendered in the a#tion or $ro#eeding% The one #laiming for su$$ort must establish before the #ourt the relationshi$ bet&een the $arties as to entitle one to re#eive su$$ort from the other% The follo&ing are obliged to su$$ort ea#h other 1% The s$ouses9 A% Legitimate as#endants and des#endants9 D% "arents and their legitimate #hildren and the legitimate and illegitimate #hildren of the latter9 J% "arents and their illegitimate #hildren and the legitimate and illegitimate #hildren of the latter9 and E% Legitimate brothers and sisters, &hether of the full or half8blood% 6 Art% 12E, +amily )ode7 Sec. 2. Co$$e#)+ 3 A co)y of the a))lication and all su))ortin. docu(ents shall be served u)on the adverse )arty, "ho shall have five !9$ days to co((ent thereon unless a different )eriod is fiAed by the court u)on his (otion+ The co((ent shall be verified and shall be acco()anied by affidavits, de)ositions or other authentic docu(ents in su))ort thereof+ The a$$li#ation for su$$ort $endente lite is res$onded to not by an ans&er but by a verified #omment a##om$anied by affidavits, de$ositions or other authenti# do#uments in su$$ort of the fa#ts set forth in the #omment%

Sec. 3. >e'ri#/ + 3 After the co((ent is filed, or after the eA)iration of the )eriod for its filin., the a))lication shall be set for hearin. not (ore than three !?$ days thereafter+ The facts in issue shall be )roved in the sa(e (anner as is )rovided for evidence on (otions+ Hearing on the a$$li#ation is mandatory% *t shall be held not later than three 6D7 days from the re#ei$t of the #omment or from the e:$iration of the $eriod to file the same% Sec. ". Or&er+ 3 The court shall deter(ine )rovisionally the )ertinent facts, and shall render such orders as -ustice and equity (ay require, havin. due re.ard to the )robable outco(e of the case and such other circu(stances as (ay aid in the )ro)er resolution of the question involved+ If the a))lication is .ranted, the court shall fiA the a(ount of (oney to be )rovisionally )aid or such other for(s of su))ort as should be )rovided, ta:in. into account the necessities of the a))licant and the resources or (eans of the adverse )arty, and the ter(s of )ay(ent or (ode for )rovidin. the su))ort, If the a))lication is denied, the )rinci)al case shall be tried and decided as early as )ossible+ Ramos v% )ourt of A$$eals JE ')RA Held Where the trial #ourt ruled that the #laim of filiation and su$$ort has been ade>uately $roven, alimony $endente lite #an be validly granted $ending a$$eal of su#h de#ision% Trial #ourt;s refusal to grant su$$ort $endente lite does not de$rive the a$$ellate #ourt the authority to grant the same es$e#ially so &here, in vie& of the $overty of the #hild, it &ould be a travesty of 5usti#e to refuse him su$$ort until the de#ision of the 5udge is sustained on a$$eal% Reyes v% *nes8Lu#iano 41 ')RA +a#ts Held Where $etitioner failed to $resent eviden#e on the alleged adultery of his &ife &hen the a#tion for legal se$aration is heard on the merits, the grant of su$$ort $endente lite is valid% Adultery is a good defense and if $ro$erly $roved and sustained &ill defeat the a#tion% Ho&ever, the alleged adultery of the &ife must be established by #om$etent eviden#e% Mere allegation &ould not suffi#e to bar her from re#eiving su$$ort $endente lite% *n determining the amount to be a&arded as su$$ort $endente lite it is not ne#essary to go fully into the merits of the #ase, it being suffi#ient that the #ourt as#ertain the kind and amount of eviden#e &hi#h it may deem suffi#ient to enable it to 5ustly resolve the a$$li#ation, one &ay or the other, in vie& of the merely $rovisional #hara#ter of the resolution to be entered% Mere affidavits may satisfy the #ourt to $ass u$on the a$$li#ation for su$$ort $endente lite% *t is enough that the fa#ts be established by affidavits or other do#umentary eviden#e a$$earing in the re#ord% Sec. 5. E#force$e#) of or&er+ J If the adverse )arty fails to co()ly "ith an order .rantin. su))ort )endente lite, the court shall, (otu )ro)io or u)on (otion, issue an order of eAecution a.ainst hi(, "ithout )re-udice to his liability for conte()t+ hen the )erson ordered to .ive su))ort )endente lite refuses or fails to do so, any third )erson "ho furnished that su))ort to the a))licant (ay, after due notice and hearin. in the sa(e case, obtain a "rit of eAecution to enforce his ri.ht of rei(burse(ent a.ainst the )erson ordered to )rovide su))ort+ Sec. 2. Su--or) i# cri$i#'l c'!e!+ J In cri(inal actions "here the civil liability includes su))ort for the offs)rin. as a consequence of the cri(e and the civil as)ect thereof has not been "aived, reserved or instituted )rior to its filin., the accused (ay be ordered to )rovide su))ort )endente lite to the child born to the offended )arty alle.edly because of the cri(e+ The a))lication therefor (ay be filed successively by the offended )arty, her )arents, .rand)arents or .uardian and the State in accordance "ith the )rocedure established under this Rule+ Sec. ;. Re!)i)u)io# + J hen the -ud.(ent or final order of the court finds that the )erson "ho has been )rovidin. su))ort )endente lite is not liable therefor, it shall order the reci)ient thereof to return to the for(er the a(ounts already )aid "ith le.al interest fro( the dates of actual )ay(ent, "ithout )re-udice to the ri.ht of the reci)ient to obtain rei(burse(ent in a se)arate action fro( the )erson le.ally obli.ed to .ive su))ort+ Should the reci)ient fail to rei(burse said a(ounts, the )erson "ho )rovided the sa(e (ay li:e"ise see: rei(burse(ent thereof in a se)arate action fro( the )erson le.ally obli.ed to .ive such su))ort+

JUD0%ENTS 1ND 5IN1L ORDERS

FOR=
Rule DC, 'e#% 1% Rendition of final 5udgements and final orders%XA 5udgement or final order determining the merits of the #ase shall be in &riting $ersonally and dire#tly $re$ared by the 5udge, stating #learly and distin#tly the fa#ts and the la& on &hi#h it is based, signed by him, and filed &ith the #lerk of #ourt%

Co#ce-) of 5i#'l Ju&/e$e#) '#& 5i#'l Or&er Rule J1, 'e#% 1% Sub-ect of a))eal% \ An a$$eal may be taken from a 5udgement or final order that #om$letely dis$oses of the #ase, or of a $arti#ular matter therein &hen de#lared by these Rules to be a$$ealable% -o a$$eal may be taken from

(a) (b) (c) (d) (e)

An order denying a motion for ne& trial or re#onsideration9 An order denying a $etition for relief or any similar motion seeking relief from 5udgement9 An interlo#utory order9 An order disallo&ing or dismissing an a$$eal9 An order denying a motion to set aside a 5udgement by #onsent, #onfession or #om$romise on the ground of fraud, mistake or duress, or any other ground vitiating #onsent9 (f) An order of e:e#ution9 (g) A 5udgement or final order for or against one or more of several $arties or in se$arate #laims, #ounter8#laims, #ross8#laims and third8$arty #om$laints, &hile the main #ase is $ending, unless the #ourt allo&s an a$$eal therefrom9 and (h) An order dismissing an a#tion &ithout $re5udi#e% *n all the above instan#es &here the 5udgement or final order is not a$$ealable, the aggrieved $arty may file an a$$ro$riate s$e#ial #ivil a#tion under Rule CE%

Ce #!$ ". CA, *+7 SCRA 603

F$&'s5 )A, in a resolution, dismissed $etitioner )eni?a;s a$$eal on the ground of delayed filing of a$$ellants; brief% *ssue here is W,- this resolution &as a final orderB Hel( =es% A final order or 5udgment is one &(# either TERM*-ATE' the a#tion itself or o$erates to vest some right in su#h a manner as to $ut out of the $o&er of the #t% making the order to $la#e in the $arties in their original #onditions% A final order dis$oses of the &hole sub5e#t matter or terminates $ro#eedings(a#tion, LEA/*-G -,TH*-G T, !E .,-E !0T T, E-+,R)E != ESE)0T*,-% Ho&ever, a final order is a$$ealable%

?INDS
As 'o f# $l#'<

Rendition of Judgement
Rule 64, Se&. +, supr$. Rule ,3, Se&. *. hen to a))eal+ \ An a$$eal may be taken &ithin fifteen 61E7 days after noti#e to the a$$ellant of the 5udgement or final order a$$ealed from% Where a re#ord on a$$eal is re>uired, the a$$ellant shall file a noti#e of a$$eal and a re#ord on a$$eal &ithin thirty 6DH7 days after noti#e of the 5udgement or final order% The $eriod of a$$eal shall be interru$ted by a timely motion for ne& trial or re#onsideration% -o motion for e:tension of time to file a motion for ne& trial or re#onsideration shall be allo&ed% Rule ,+, Se&. 6. 4eriod of ordinary a))eal \ The a$$eal shall be taken &ithin fifteen 61E7 days from noti#e of the 5udgement or final order a$$ealed from% Where a re#ord on a$$eal is re>uired, the a$$ellant shall file a noti#e of a$$eal and a re#ord on a$$eal &ithin thirty 6DH7 days from noti#e of the 5udgement or final order% The $eriod of a$$eal shall be interru$ted by a timely motion for ne& trial or re#onsideration% -o motion for e:tension of time to file a motion for ne& trial or re#onsideration shall be allo&ed% Rule ,*, Se&. +. ,o" a))eal ta:enF ti(e for filin. \ A $arty desiring to a$$eal from a de#ision of the Regional Trial )ourt rendered in the e:er#ise of its a$$ellate 5urisdi#tion may file a verified $etition for revie& &ith the )ourt of A$$eals, $aying at the same time to the #lerk of said #ourt the #orres$onding do#ket and other la&ful fees, de$ositing the amount of " EHH%HH for #osts, and furnishing the Regional Trial )ourt and the adverse $arty &ith a #o$y of the $etition% The $etition shall be filed and served &ithin fifteen 61E7 days from noti#e of the de#ision sought to be revie&ed or of the denial of $etitioner;s motion for ne& trial or re#onsideration filed in due time after 5udgement% 0$on $ro$er motion and the $ayment of the full amount of the do#ket and other la&ful fees and the de$osit for #osts before the

e:$iration of the reglementary $eriod, the )ourt of A$$eals may grant an additional $eriod of fifteen 61E7 days only &ithin &hi#h to file the $etition for revie&% -o further e:tension shall be granted e:#e$t for the most #om$elling reason and in no #ase to e:#eed fifteen 61E7 days%

Entry of -ud.e(ent
Rule 64, Se&. *% Entry of -ud.e(ents and final orders+ \ *f no a$$eal or motion for ne& trial or re#onsideration is filed &ithin the time $rovided in these Rules, the 5udgement or final order shall forth&ith be entered by the #lerk in the book of entries of 5udgements% The date of finality of the 5udgement or final order shall be deemed to be the date of its entry% The re#ord shall #ontain the dis$ositive $art of the 5udgement or final order and shall be signed by the #lerk, &ith a #ertifi#ate that su#h 5udgement or final order has be#ome final and e:e#utory% Rule 67, Se&. 6. Ti(e for filin. )etitionF contents and verification+ \ A $etition $rovided for in either of the $re#eding se#tions of this Rule must be verified, filed &ithin si:ty 6CH7 days after the $etitioner learns of the 5udgement, final order, or other $ro#eeding to be set aside, and not more than si: 6C7 months after su#h 5udgement or final order &as entered, or su#h $ro#eeding &as taken9 and must be a##om$anied &ith affidavits sho&ing the fraud, a##ident, mistake, or e:#usable negligen#e relied u$on, and the fa#ts #onstituting the $etitioner;s good and substantial #ause of a#tion or defense, as the #ase may be% Rule 60, Se&. 4. EAecution by (otion or by inde)endent action+ \ A final and e:e#utory 5udgement or order may be e:e#uted on motion &ithin five 6E7 years from the date of its entry% After the la$se of su#h time, and before it is barred by the statute of limitations, a 5udgement may be enfor#ed by a#tion% The revived 5udgement may also be enfor#ed by motion &ithin five 6E7 years from the date of its entry and thereafter by a#tion before it is barred by the statute of limitations%

E 'r< of S$'#sf$&'#o of )u(:e%e '

Rule 60, Se&. ,,. Entry of satisfaction of -ud.e(ent by cler: of court+ \ 'atisfa#tion of a 5udgement shall be entered by the #lerk of #ourt in the #ourt do#ket, and in the e:e#ution book, u$on he return of a &rit of e:e#ution sho&ing the full satisfa#tion of the 5udgement e:e#uted and a#kno&ledged in the same manner as a #onveyan#e of real $ro$erty by the 5udgement obligee or by his #ounsel unless a revo#ation of his authority is filed, or u$on the endorsement of su#h admission by the 5udgement obligee or his #ounsel on the fa#e of the re#ord of the 5udgement% Se&. ,-. Entry of satisfaction "ith or "ithout ad(ission+ \ Whenever a 5udgement is satisfied in fa#t, or other&ise than u$on an e:e#ution, on demand of the 5udgement obligor, the 5udgement obligee or his #ounsel must e:e#ute and a#kno&ledge, or indorse, an admission of the satisfa#tion as $rovided in the last $re#eding se#tion, and after noti#e and u$on motion the #ourt may order either the 5udgement obligee or his #ounsel to do so, or may order the entry of satisfa#tion to be made &ithout su#h admission%

As 'o pro&ess of pro&ur# :

Bud.e(ent of the 4leadin.s

Rule 6,, Se&. +. Bud.e(ent on the )leadin.s+ \ Where an ans&er fails to tender an issue, or other&ise admits the material allegations of the adverse $arty;s $leading, the #ourt may, on motion of that $arty, dire#t 5udgement on su#h $leading% Ho&ever, in a#tions for de#laration of nullity or annulment of marriage or for legal se$aration, the material fa#ts alleged in the #om$laint shall al&ays be $roved%

Bud.e(ent on De(urrer to Evidence

Rule 66, Se&. +. De(urrer to evidence+ \ After the $laintiff has #om$leted the $resentation of his eviden#e, the defendant may move for dismissal on the ground that u$on the fa#ts and the la& the $laintiff has sho&n no right to relief% *f his motion is denied, he shall have the right to $resent eviden#e% *f the motion is granted but on a$$eal the order of dismissal is reversed he shall be deemed to have &aived the right to $resent eviden#e%

Su((ary Bud.e(ents

Rule 6Se&. +. Su((ary -ud.e(ent for clai(ant+ \ A $arty seeking to re#over u$on a #laim, #ounter8#laim, or #ross8#laim or to obtain a de#laratory relief may, at any time after the $leading in ans&er thereto has been served, move &ith su$$orting affidavits, de$ositions or admissions for a summary 5udgement in his favor u$on all or any $art thereof%

Se&. *. Su((ary -ud.e(ent for defendin. )arty+ \ A $arty against &hom a #laim, #ounter8#laim, or #ross8#laim is asserted or a de#laratory relief is sought may, at any time, move &ith su$$orting affidavits, de$ositions or admissions for a summary 5udgement in his favor as to all or any $art thereof% Se&. 6. Motion and )roceedin.s thereon+ \ The motion shall be served at least ten 61H7 days before the time s$e#ified for the hearing% The adverse $arty may serve o$$osing affidavits, de$ositions, or admissions at least three 6D7 days before the hearing% After the hearing, the 5udgement sought shall be rendered forth&ith if the $leadings, su$$orting affidavits, de$ositions, and admissions on file, sho& that, e:#e$t as to the amount of damages, there is no genuine issue as to any material fa#t and that the moving $arty is entitled to a 5udgement as a matter of la&% Se&. ,. Case not fully ad-udicated on (otion+ \ *f on motion under this Rule, 5udgement is not rendered u$on the &hole #ase or for all the reliefs sought and a trial is ne#essary, the #ourt at the hearing of the motion, by e:amining the $leadings, and the eviden#e before it and by interrogating #ounsel shall as#ertain &hat material fa#ts e:ist &ithout substantial #ontroversy and &hat are a#tually and in good faith #ontroverted% *t shall thereu$on make an order s$e#ifying the fa#ts that a$$ear &ithout substantial #ontroversy, in#luding the e:tent to &hi#h the amount of damages or other relief is not in #ontroversy, and dire#ting su#h further $ro#eedings in the a#tion as are 5ust% The fa#ts so s$e#ified shall be deemed established, and the trial shall be #ondu#ted on the #ontroverted fa#ts a##ordingly% Se&. -. /or( of affidavits and su))ortin. )a)ers+ \ 'u$$orting and o$$osing affidavits shall be made on $ersonal kno&ledge, shall set forth su#h fa#ts as &ould be admissible in eviden#e, and shall sho& affirmatively that the affiant is #om$etent to testify to the matters stated therein% )ertified true #o$ies of all $a$ers or $arts thereof referred to in the affidavit shall be atta#hed thereto or served there&ith% Se&. 4. Affidavits in bad faith+X'hould it a$$ear to its satisfa#tion at any time that any of the affidavits $resented $ursuant to this Rule are $resented in bad faith, or solely for the $ur$ose of delay, the #ourt shall forth&ith order the offending $arty or #ounsel to $ay to the other $arty the amount of the reasonable e:$enses &hi#h the filing of the affidavits #aused him to in#ur, in#luding attorney;s fees% *t may, after hearing, further ad5udge the offending $arty or #ounsel guilty of #ontem$t% Rule *0, Se&. 6. &ther consequences+ \ *f any $arty or an offi#er or managing agent of a $arty refuses to obey an order made under se#tion 1 of this Rule re>uiring him to ans&er designated >uestions, or an order under Rule A3 to $rodu#e any do#ument or other thing for ins$e#tion, #o$ying, or $hotogra$hing or to $ermit it to be done, or to $ermit entry u$on land or other $ro$erty, or an order made under Rule A4 re>uiring him to submit to a $hysi#al or mental e:amination, the #ourt may make su#h orders in regard to the refusal as are 5ust, and among others the follo&ing (a) An order that the matters regarding &hi#h the >uestions &ere asked, or the #hara#ter or des#ri$tion of the thing or land, or the #ontents of the $a$er, or the $hysi#al or mental #ondition of the $arty, or any other designated fa#ts shall be taken to be established for the $ur$oses of the a#tion in a##ordan#e &ith the #laim of the $arty obtaining the order9 (b) An order refusing to allo& the disobedient $arty to su$$ort or o$$ose designated #laims or defenses or $rohibiting him from introdu#ing in eviden#e designated do#uments or things or items of testimony, or from introdu#ing eviden#e of $hysi#al or mental #ondition9 (c) An order striking out $leadings or $arts thereof, or staying further $ro#eedings until the order is obeyed, or dismissing the a#tion or $ro#eeding or any $art thereof, or rendering a 5udgement by default against the disobedient $arty9 and (d) *n lieu of any of the foregoing orders or in addition thereto, an order dire#ting the arrest of any $arty or agent of a $arty for disobeying any of su#h orders e:#e$t an order to submit to a $hysi#al or mental e:amination%

.efault Judgements
Rule 0, Se&. 6. DefaultF declaration of+ \ *f the defending $arty fails to ans&er &ithin the time allo&ed therefor, the #ourt shall, u$on motion of the #laiming $arty &ith noti#e to the defending $arty, and $roof of su#h failure, de#lare the defending $arty in default% Thereu$on, the #ourt shall $ro#eed to render 5udgement granting the #laimant su#h relief as his $leading may &arrant, unless the #ourt in its dis#retion re>uires the #laimant to submit eviden#e% 'u#h re#e$tion of eviden#e may be delegated to the #lerk of #ourt% (a) Effe#t of order of default% \ A $arty in default shall be entitled to noti#e of subse>uent $ro#eedings but not to take $art in the trial% (b) Relief from order of default% \ A $arty de#lared in default may at any time after noti#e thereof and before 5udgement file a motion under oath to set aside the order of default u$on $ro$er sho&ing that his failure to ans&er &as due to fraud, a##ident, mistake or e:#usable negligen#e and that he

has a meritorious defense% *n su#h #ase, the order of default may be set aside on su#h terms and #onditions as the 5udge may im$ose in the interest of 5usti#e% (c) Effe#t of $artial default% \ When a $leading asserting a #laim states a #ommon #ause of a#tion against several defending $arties, some of &hom ans&er and the others fail to do so, the #ourt shall try the #ase against all u$on the ans&ers thus filed and render 5udgement u$on the eviden#e $resented% (d) E:tent of relief to be a&arded% \ A 5udgement rendered against a $arty in default shall not e:#eed the amount or be different in kind from that $rayed for nor a&ard unli>uidated damages% (e) Where no defaults allo&ed% \ *f the defending $arty in an a#tion for annulment or de#laration of nullity of marriage or for legal se$aration fails to ans&er, the #ourt shall order the $rose#uting attorney to investigate &hether or not a #ollusion bet&een the $arties e:ists, and if there is no #ollusion, to intervene for the 'tate in order to see to it that the eviden#e submitted is not fabri#ated% )u(:e%e 's $f'er eH p$r'e prese '$'#o of E"#(e &e Rule +7, Se&. -. Effect of failure to a))ear+ \ The failure of the $laintiff to a$$ear &hen so re>uired $ursuant to the ne:t $re#eding se#tion shall be #ause for dismissal of the a#tion% The dismissal shall be &ith $re5udi#e, unless other&ise ordered by the #ourt% A similar failure on the $art of the defendant shall be #ause to allo& the $laintiff to $resent his eviden#e e: $arte and the #ourt to render 5udgement on the basis thereof%

Co()ro(ise Bud.e(ent

&rder for Dis(issal

Motion to .ismiss 6'ee Rule 1C7 .ismissals under Rule 13 6.ismissal of A#tions7

Dis(issals under Rule >D, Sec+ 9

Rule +7, Se&. -. Effect of failure to a))ear% \ The failure of the $laintiff to a$$ear &hen so re>uired $ursuant to the ne:t $re#eding se#tion shall be #ause for dismissal of the a#tion% The dismissal shall be &ith $re5udi#e, unless other&ise ordered by the #ourt% A similar failure on the $art of the defendant shall be #ause to allo& the $laintiff to $resent his eviden#e e: $arte and the #ourt to render 5udgement on the basis thereof%

D#s%#ss$ls u (er Rule *0, Se&. Rule *0, Se&. -. /ailure of )arty to attend or serve ans"ers+ \ *f a $arty or an offi#er or managing agent of a $arty &ilfully fails to a$$ear before the offi#er &ho is to take his de$osition, after being served &ith a $ro$er noti#e, or fails to serve ans&ers to interrogatories submitted under Rule AE after $ro$er servi#e of su#h interrogatories, the #ourt on motion and noti#e, may strike out all or any $art of any $leading of that $arty, or dismiss the a#tion or $ro#eeding or any $art thereof, or enter a 5udgement by default against that $arty, and in its dis#retion, order him to $ay reasonable e:$enses in#urred by the other, in#luding attorney;s fees%

As 'o p$r'#es

As a.ainst one or (ore several )arties

Rule 64, Se&. 6. Bud.e(ent for or a.ainst one or (ore of several )arties+ \ Judgement may be given for or against one or more of several $laintiffs, and for or against one or more of several defendants% When 5usti#e so demands, the #ourt may re>uire the $arties on ea#h side to file adversary $leadings as bet&een themselves and determine their ultimate rights and obligations%

Several Bud.e(ent

Rule 64, Se&. ,. Several -ud.e(ents+ \ *n an a#tion against several defendants, the #ourt may, &hen a several 5udgement is $ro$er, render 5udgement against one or more of them, leaving the a#tion to $ro#eed against the others% Rule 0, Se&. 6 M. Effect of )artial default% \ When a $leading asserting a #laim states a #ommon #ause of a#tion against several defending $arties, some of &hom ans&er and the others fail to do so, the #ourt shall try the #ase against all u$on the ans&ers thus filed and render 5udgement u$on the eviden#e $resented%

A.ainst entity "ithout -uridical )ersonality

Rule 64, Se&. 4. Bud.e(ent a.ainst entity "ithout -uridical )ersonality+ \ When 5udgement is rendered against t&o or more $ersons sued as an entity &ithout 5uridi#al $ersonality, the 5udgement shall set out their individual or $ro$er names, if kno&n%

As 'o &l$#%s

At various sta.es or se)arate -ud.e(ents

Rule 64, Se&. -. Se)arate -ud.e(ents% \ When more than one #laim for relief is $resented in an a#tion, the #ourt, at any stage, u$on a determination of the issues material to a $arti#ular #laim and all #ounter8 #laims arising out of the transa#tion or o##urren#e &hi#h is the sub5e#t matter of the #laim, may render a se$arate 5udgement dis$osing of su#h #laim% The 5udgement shall terminate the a#tion &ith res$e#t to the #laim so dis$osed of and the a#tion shall $ro#eed as to the remaining #laims% *n #ase a se$arate 5udgement is rendered, the #ourt by order may stay its enfor#ement until the rendition of a subse>uent 5udgement or 5udgements and may $res#ribe su#h #onditions as may be ne#essary to se#ured the benefit thereof to the $arty in &hose favor the 5udgement is rendered% Rule 6+. Se&. *. Se)arate trials+ \ The #ourt, in furtheran#e of #onvenien#e or to avoid $re5udi#e, may order a se$arate trial of any #laim, #ross8#laim, #ounter8#laim, or third8$arty #om$laint, or of any se$arate issue or of any number of #laims, #ross8#laims, #ounter8#laims, third8$arty #om$laints or issues% Rule ,+, Se&. + /:1. -o a$$eal may be taken from : : : : A 5udgement or final order for or against one or more of several $arties or in se$arate #laims, #ounter8#laims, #ross8#laims and third8$arty #om$laints, &hile the main #ase is $ending, unless the #ourt allo&s an a$$eal therefrom9 and : : : :

As 'o ;o@ eHe&u'e(

Bud.e(ents not stayed on a))eal

Rule 60, Se&. ,. Bud.e(ents not stayed by a))eal+ \ Judgements in a#tions for in5un#tion re#eivershi$, a##ounting, su$$ort, and su#h other 5udgements as are no& or may hereafter be de#lared to be immediately e:e#utory, shall be enfor#eable after their rendition and shall not be stayed by an a$$eal taken therefrom, unless other&ise ordered by the trial #ourt% ,n a$$eal therefrom, the a$$ellate #ourt in its dis#retion may make an order sus$ending, modifying, restoring or granting the in5un#tion, re#eivershi$, a##ounting, or a&ard of su$$ort% The stay of e:e#ution shall be u$on su#h terms as to bond or other&ise as may be #onsidered $ro$er for the se#urity or $rote#tion of the rights of the adverse $arty%

Bud.e(ents for (oney

Rule 36, Sec. 6. EAecution of -ud.e(ents for (oney, ho" enforced+ J (a) *mmediate $ayment on demand% \ The offi#er shall enfor#e an e:e#ution of a 5udgement for money by demanding from the 5udgement obligor the immediate $ayment of the full amount stated in the &rit of e:e#ution and all la&ful fees% The 5udgement obligor shall $ay in #ash, #ertified bank #he#k $ayable to the 5udgement obligee, or any other form of $ayment a##e$table to the latter, the amount of the 5udgement debt under $ro$er re#ei$t dire#tly to the 5udgement obligee or his authori?ed re$resentative if $resent at the time of $ayment% The la&ful fees shall be handed under $ro$er re#ei$t to the e:e#uting sheriff &ho shall turn over the said amount &ithin the same day to the #lerk of #ourt of the #ourt that issued the &rit% (b) *f the 5udgement obligee or his authori?ed re$resentative is not $resent to re#eive $ayment, the 5udgement obligor shall deliver the aforesaid $ayment to the e:e#uting sheriff% The latter shall turn over all the amounts #oming into his $ossession &ithin the same day to the #lerk of #ourt of the #ourt that issued the &rit, or if the same is not $ra#ti#able, de$osit said amounts to a fidu#iary a##ount in

the nearest government de$ository bank of the Regional Trial )ourt of the lo#ality% % The #lerk of said #ourt shall thereafter arrange for the remittan#e of the de$osit to the a##ount of the #ourt that issued the &rit &hose #lerk of #ourt shall then deliver said $ayment to the 5udgement obligee in satisfa#tion of the 5udgement% The e:#ess, if any, shall be delivered to the 5udgement obligor &hile the la&ful fees shall be retained by the #lerk of #ourt for dis$osition as $rovided by la&% *n no #ase shall the e:e#uting sheriff demand that any $ayment by #he#k be made $ayable to him% (b) 'atisfa#tion by levy% \ *f the 5udgement obligor #annot $ay all or $art of the obligation in #ash, #ertified bank #he#k or other mode of $ayment a##e$table to the 5udgement obligee, the offi#er shall levy u$on the $ro$erties of the 5udgement obligor of every kind and nature &hatsoever &hi#h may be dis$osed of for value and not other&ise e:em$t from e:e#ution giving the latter the o$tion to immediately #hoose &hi#h $ro$erty or $art thereof may be levied u$on, suffi#ient to satisfy the 5udgement% *f the 5udgement obligor does not e:er#ise the o$tion, the offi#er shall first levy on the $ersonal $ro$erties, if any, and then on the real $ro$erties if the $ersonal $ro$erties are insuffi#ient to ans&er for the 5udgement% The sheriff shall sell only a suffi#ient $ortion of the $ersonal or real $ro$erty of the 5udgement obligor &hi#h has been levied u$on% When there is more $ro$erty of the 5udgement obligor than is suffi#ient to satisfy the 5udgement and la&ful fees, he must sell only so mu#h of the $ersonal or real $ro$erty as is suffi#ient to satisfy the 5udgement and la&ful fees% Real $ro$erty, sto#ks, shares, debts, #redits, and other $ersonal $ro$erty, may be levied u$on in like manner and &ith like effe#t as under a &rit of atta#hment%

(c)

Garnishment of debts and #redits% \ The offi#er may levy on debts due the 5udgement obligor and other #redits, in#luding bank de$osits, finan#ial interests, royalties, #ommissions and other $ersonal $ro$erty not #a$able of manual delivery in the $ossession or #ontrol of third $arties% Levy shall be made by serving noti#e u$on the $erson o&ing su#h debts or having in his $ossession or #ontrol su#h #redits to &hi#h the 5udgement obligor is entitled% The garnishment shall only #over su#h amount as &ill satisfy the 5udgement and all la&ful fees% The garnishee shall make a &ritten re$ort to the #ourt &ithin five 6E7 days from servi#e of the noti#e of garnishment stating &hether or not the 5udgement obligor has suffi#ient funds or #redits to satisfy the amount of 5udgement% *f not, the re$ort shall state ho& mu#h funds or #redits the garnishee holds for the 5udgement obligor% The garnished amount in #ash, or #ertified bank #he#k issued in the name of the 5udgement obligee, shall be delivered dire#tly to the 5udgement obligee &ithin ten 61H7 &orking days from servi#e of noti#e on the said garnishee re>uiring su#h delivery, e:#e$t the la&ful fees &hi#h shall be $aid dire#tly to the #ourt% *n the event there are t&o or more garnishees holding de$osits or #redits suffi#ient to satisfy the 5udgement, the 5udgement obligor, if available, shall have the right to indi#ate the garnishee or garnishees &ho shall be re>uired to deliver the amount due9 other&ise, the #hoi#e shall be made by the 5udgement obligee% The e:e#uting sheriff shall observe the same $ro#edure under $aragra$h 6a7 &ith res$e#t to delivery of $ayment to the 5udgement obligee%

Bud.e(ents for s)ecific acts

Rule 60, Se&. +3. E:e#ution of 5udgements for s$e#ifi# a#ts% \ (a) )onveyan#e, delivery of deeds, or other s$e#ifi# a#ts9 vesting title% \ *f a 5udgement dire#ts a $arty to e:e#ute a #onveyan#e of land or $ersonal $ro$erty, or to deliver deeds or other do#uments, or to $erform any other s$e#ifi# a#t in #onne#tion there&ith, and the $arty fails to #om$ly &ithin the time s$e#ified, the #ourt may dire#t the a#t to be done at the #ost of the disobedient $arty by some other $erson a$$ointed by the #ourt and the a#t &hen so done shall have like effe#t as if done by the $arty% *f real or $ersonal $ro$erty is situated &ithin the "hili$$ines, the #ourt in lieu of dire#ting #onveyan#e thereof may by an order divest the title of any $arty and vest it in others, &hi#h shall have the for#e and effe#t of a #onveyan#e e:e#uted in due form of la&%

(b)

'ale of real or $ersonal $ro$erty% \ *f the 5udgement be for the sale of real or $ersonal $ro$erty, to sell su#h $ro$erty, des#ribing it, and a$$ly the $ro#eeds in #onformity &ith the 5udgement% (c) .elivery or restitution of real $ro$erty% \ The offi#er shall demand of the $erson against &hom the 5udgement for the delivery or restitution of real $ro$erty is rendered and all $ersons #laiming rights under him to $ea#eably va#ate the $ro$erty &ithin three 6D7 &orking days, and restore $ossession thereof to the 5udgement obligee9 other&ise, the offi#er shall oust all su#h $ersons therefrom &ith the assistan#e, if ne#essary, of a$$ro$riate $ea#e offi#ers, and em$loying su#h means as may be reasonably ne#essary to retake $ossession, and $la#e the 5udgement obligee in $ossession of su#h $ro$erty% Any #osts, damages, rents or $rofits a&arded by the 5udgement shall be satisfied in the same manner as a 5udgement for money% (d) Removal of im$rovements on $ro$erty sub5e#t of e:e#ution% \ When the $ro$erty sub5e#t of the e:e#ution #ontains im$rovements #onstru#ted or $lanted by the 5udgement obligor or his agent, the offi#er shall not destroy, demolish or remove said im$rovements e:#e$t u$on s$e#ial order of the #ourt, issued u$on motion of the 5udgement oblige after due hearing and after the former has failed to remove the same &ithin a reasonable time fi:ed by the #ourt% (e) .elivery of $ersonal $ro$erty% \ *n 5udgements for the delivery of $ersonal $ro$erty, the offi#er shall take $ossession of the same and forth&ith deliver it to the $arty entitled thereto and satisfy any 5udgement for money as therein $rovided%

'$e#ial Judgements
Rule 60, Se&. ++. EAecution of s)ecial -ud.e(ents+ \ When a 5udgement re>uires the $erforman#e of any a#t other than those mentioned in the t&o $re#eding se#tions, a #ertified #o$y of the 5udgement shall be atta#hed to the &rit of e:e#ution and shall be served by the offi#er u$on the $arty against &hom the same is rendered, or u$on any other $erson re>uired thereby, or by la&, to obey the same, and su#h $arty or $erson may be $unished for #ontem$t if he disobeys su#h 5udgement%

Effe&' of )u(:e%e 's $ ( F# $l Or(ers

Lo#al
Rule 60, Se&. ,.% Effect of -ud.e(ents or final orders+ \ The effe#t of a 5udgement or final order rendered by a #ourt of the "hili$$ines, having 5urisdi#tion to $ronoun#e the 5udgement or final order, may be as follo&s (a) *n #ase of a 5udgement or final order against a s$e#ifi# thing, or in res$e#t to the $robate of a &ill, or the administration of the estate of a de#eased $erson, or in res$e#t to the $ersonal, $oliti#al, or legal #ondition or status of a $arti#ular $erson or his relationshi$ to another, the 5udgement or final order is #on#lusive u$on the title to the thing, the &ill or administration, or the #ondition, status or relationshi$ of the $erson9 ho&ever, the $robate of a &ill or granting of letters of administration shall only be $rima fa#ie eviden#e of the death of the testator or intestate% (b) *n other #ases, the 5udgement or final order is, &ith res$e#t to the matter dire#tly ad5udged or as to any other matter that #ould have been raised in relation thereto, #on#lusive bet&een the $arties and their su##essors in interest by title subse>uent to the #ommen#ement of the a#tion or s$e#ial $ro#eeding, litigating for the same thing and under the same title and in the same #a$a#ity9 and (c) *n any other litigation bet&een the same $arties or their su##essors in interest, that only is deemed to have been ad5udged in a former 5udgement or final order &hi#h a$$ears u$on its fa#e to have been so ad5udged, or &hi#h &as a#tually and ne#essarily in#luded therein or ne#essary thereto%

+oreign
Rule 60, Se&. ,7. Effect of forei.n -ud.e(ents or final orders+ \ The effe#t of a 5udgement or final order of a tribunal of a foreign #ountry, having 5urisdi#tion to render the 5udgement or final order is as follo&s (a) *n #ase of a 5udgement or final order u$on a s$e#ifi# thing, the 5udgement or final order is #on#lusive u$on the title of the thing9 and

(b)

*n #ase of a 5udgement or final order against a $erson, the 5udgement or final order is $resum$tive eviden#e of a right as bet&een the $arties and their su##essors in interest by a subse>uent title%

*n either #ase, the 5udgement or final order may be re$elled by eviden#e of a &ant of 5urisdi#tion, &ant of noti#e to the $arty, #ollusion, fraud, or #lear mistake of la& or fa#t% -,TE' ,- J0.GME-T A-. +*-AL ,R.ER' Rule DC G 1% Rendition of 5udgment and final orders% A 5udgment or final order determining the merits of the #ase shall be 617 in &riting 6A7 $ersonally and dire#tly $re$ared by the 5udge 6D7 stating #learly and distin#tly the fa#ts and the la& on &hi#h it is based% 6J7 'igned by him 6E7 And filed &ith the )lerk of )ourt% Rule DC G D% Judgment for or against one or more of several $arties% Judgment is rendered in favor of $arty A9 based on $arti#ular 5udgment is rendered only against +inal order 8 )ourt has nothing else to do% ,rder granting a MT. 8 a +inal ,rder ,nly final orders and 5udgment are sub5e#ts of a$$eal% *nterlo#utory orders are not sub5e#t of a$$eal% Rendition of 5udgment 8 u$on the #lerk re#eiving the #o$y !ook of entry of 5udgment 8 date of the la$se of the fifteen 61E7 days9 not on the date of entry% !ook of satisfa#tion of 5udgment Entry of 5udgment 8 im$ortant for #ounting of $etition for entry of 5udgment, among others% +irst 'ense 8 terminates a#tion 'e#ond 'ense of finality 8 final and e:e#utory% +inal 5udgment under ne& rules 8 that &hi#h #an already be e:e#uted -un# $ro tun# 8 Kthen as no&L +inal F e:e#utory 8 even if ground is substantial #an no longer be modified, e:#e$t 1% )leri#al errors A% -un# $ro tun# D% Annulment of 5udgment based on e:trinsi# fraud 6Je$ Management )o%7 J% /oid 5udgment 6"alu&agan and /da de Ma#oy7 a void 5udgment never $res#ribes% .ifferen#e bet&een Motion for Re8o$en and M-T 6taken &ithin the $eriod for taking a$$eal7 To re8o$en trial 8 make use of ordinary $ruden#e, rules on motions M-T 8 e:trinsi# fraud 8 basis of the #ause of a#tion, $erforman#e of a #ontra#t )ontent of the a#tion itself% E:trinsi# +raud 8 one of the $arties $revented the other by fraudulent a#ts to be given his day in #ourt%

1$e#&$e#) of .u&/$e#)
!efore it be#omes final and e:e#utory E'er $l G$r(e s =e%or#$l ". IAC +4- SCRA ,60 F$&'s5 A Land .evelo$ment Agreement &as e:e#uted bet&een Eternal F Mission% Mission o&ned the $ro$erty F Eternal &as to develo$ it into a memorial $ark% Thereafter, a .eed of Absolute 'ale &( mortgage &as e:e#uted% !0T Maysilo #laimed o&nershi$ over the land% Thus, Eternal filed &( the )+* a #om$laint for inter$leader vs% Mission F Maysilo Estate% *t alleged that, in vie& of the #onfli#ting #laims F to $rote#t its interests, defendants should be re>uired to inter$lead F litigate bet&een themselves%

Mission filed a Motion for $la#ing on 5udi#ial de$osit the amounts due F un$aid fr% Eternal% Motion &as .E-*E.% The #ontra#t &as de#lared ineffe#tive on the ground that the sub5e#t matter of the sale &as not e:isting% Mission then filed a Motion to .ismiss the *nter$leader% T) ordered Eternal to #om$ly &( the #ontra#t ES)E"T &( regard to the inter$leader of Maysilo Estate% Maysilo filed Motion for Re#on &(# &as GRA-TE. by the T)% Hearings on the merits &ere ordered !0T Mission filed for Writ of E:e#ution% This &as .E-*E.% ,n a$$eal, )A dismissed F this &as affirmed by the ')% The order be#ame final F e:e#utory% *n 124D, heirs of 'ingson s$ouses filed an a#tion for >uieting of title &here Eternal F Mission &ere defendants% This #ase is still $ending% *n the $resent #ase, Mission filed a $etition for #ertiorari &( the )A for the setting aside of RT) orders regarding the setting of the hearing on the merits% )A dismissed !0T later on reversed% Eternal filed a Motion for Re#on &(# &as again .E-*E.% Hel( )ourts have the $o&er to amend their 5udgments, to make them #onformable to the a$$li#able 5uris$ruden#e "R,/*.E. said 5udgments ARE -,T =ET +*-AL% *n the )A!, Eternal admitted it still has to $ay &hoever &ill be de#lared as o&ner% Therefore, there &as no $lausible reason for $etitioner;s ob5e#tions to the de$osit order after having asked the #t% by #om$laint for inter$leader &hose de$osit is not only re>uired but is a #ontra#tual obligation% +inally, there is no res 5udi#ata here be#% there &as no 5udgment on the merits% Also, there &as no identity of issues% ,ne #ase involved the $ro$riety of motion for re#on &(o a hearing F the denial of the motion for e:e#ution% The other #ase involved the $ro$riety of a )A order that Eternal shall de$osit &hat &as re>uired of it $ending the trial on the merits% After it be#omes final and e:e#utory

.avid v% )AQ A1J ')RA CJJ

F$&'s '0"RA Hel( The filing of the $etition for relief fr% 5udgment &( the T) &as an une>uivo#al admission on Afable;s $art that his $eriod to a$$eal fr% the de#ision had already e:$ired% When a final 5udgment has be#ome e:e#utory, it thereby be#omes immutable F unalterable% The 5udgment MA= -, L,-GER !E M,.*+*E. in any res$e#t even if the modifi#ation is meant to #orre#t &hat is $er#eived to be an erroneous #on#lusion of fa#t or la&, F regardless of &hether the modifi#ation is attem$ted to be made by the #t% rendering it or by the highest #t% of the land% The only re#ogni?ed ES)E"T*,-' are 1% )orre#tion of #leri#al errors A% )u(:%e ' Nu & Pro Tu & D% Where the 5udgment is /,*. These are entries &(# #ause -, *-J0R= to any $arty%

)u(:%e 's u & pro 'u &

)ardo?a v% 'ingson, 141 ')RA JE

1##ul$e#) of .u&/$e#)
Top =$ $:e%e ' Pro:r$%s ". CA *** SCRA .46 F$&'s5 Gregorio $romised to give a large tra#t of land to Trinidad F +a5ardo if a #ase bet% Greggy F /elas>ue? regarding the lot &ill be su##essful% Trini F +a5ards then filed an a#tion to E-+,R)E the agreement F the T) ruled in their favor% Trini F +a5ards then filed a motion for the issuan#e of a &rit of e:e#ution &(# &as granted by the T)% The Register of .eeds, ho&ever, informed the #t% that the deed of #onveyan#e #annot be issued in favor of Trini F +a5ards be#% the land had already been sold to other $ersons% Ho&ever, the T) dire#ted the Register of .eeds to issue se$arate titles in favor of the t&o% To$ Management then filed this $etition to annul the orders of the T) on the ground of e:trinsi# fraud% *t #laimed the it has title to the same $ar#el of land &(# &as being levied u$on sin#e it bought the same fr% the heirs of Greggy% The )A dismissed the $etition for annulment% HELD E:trinsi# fraud is one the effe#t of &(# "RE/E-T' a $arty fr% having a trial or real #ontest or fr% $resenting all of his #ase to the #t% or &here it o$erates u$on matters $ertaining -,T T, THE J0.GME-T *T'EL+ but of the MA--ER in &(# it &as $ro#ured so that there is not a fair submission of the #ontroversy%

*n other &ords, ESTR*-'*) +RA0. refers to any fraudulent a#t of the $revailing $arty in the litigation &(# is #ommitted ,0T'*.E ,+ THE TR*AL of the #ase, &hereby the defeated $arty has been "RE/E-TE. fr% e:hibiting +0LL= his side of the #ase, by fraud, de#e$tion or de#e$tion $ra#ti#ed u$on him by his o$$onent% The relief is granted on the theory that by reason of the e:trinsi# fraud $reventing a $arty fr% fully trying his #ase, there has never been a real #ontest before the #t% on the sub5e#t matter of the a#tion% The allegations that the 5udge had no 5urisdi#tion to order the sheriff to levy on e:e#ution sin#e the 5udge had full kno&ledge that To$ Management F not Greggy &ho o&ned the land, that the &rit vs% the $ro$% &as not 5ustified be#% To$ Management &as not a $arty to the #aseXThese ., -,T ),-'T*T0TE +RA0.% To$ Management has not $ointed to any a#t &(# $revented it form fully ventilating its #ase% *f ever there &as any failure in the $resentation of its #ase, it &as #aused by its o&n ina#tion%

"alu&agan ng !ayan v% @ing, 13A ')RA CH /da% .e Ma#oy v% )A, AHC ')RA AJJ

=o'#o for Ne@ Tr#$lGRe&o s#(er$'#o 0rou#&! '#& #')ure, Rule 3;, Sec. 1
Motion for ne& trial, Rule D3, 'e#% 1, $ar 1 .istinguished from Motion to reo$en trial

Agulto v% )A, 141 ')RA DH

F$&'s Agulto &as #onvi#ted of bigamy% He filed a motion to reo$en trial due to ne&ly dis#overed eviden#e A+TER THE "ART*E' HA. RE'TE. !0T !E+,RE J0.GME-T% His ne& eviden#e &as a $hoto#o$y of a marriage #ertifi#ate of his se#ond &ife to another man% 6His theory &as that if his se#ond &ife had been $reviously married, he #ould not have validly married her, therefore, no bigamy7% Hel( The M-T may be filed A+TER 5udgment but &(in the $eriod of $erfe#ting an a$$eal for the grounds stated in '1,RD3 F 'AR1A1% A Motion to Reo$en Trial may be $resented only after either or both $arties have formally offered F #losed their eviden#e but !E+,RE 5udgment% The reo$ening of a trial for the re#e$tion of ne& eviden#e is not a grant of a ne& trial% There is no s$e#ifi# $rovision in the rules &(# governs% *t is only a re#ogni?ed $ro#edural re#ourse deriving validity fr% long established rules% The governing rule is $aramount interests of 5usti#e resting entirely on the sound 5udi#ial dis#retion of the trial #t%% Therefore, the grant(denial is not sub5e#t to #ertiorari under grave abuse of dis#retion% ,n the merits, the ') de#ided that the ne& eviden#e had defe#ts F it failed to sho& that the A nd &ife;s marriage &as still e:isting &hen she married Agulto%

Grou (s
/elas#o v% ,rti?, 14J ')RA DHD
F$&'s5 The &ard of the s$ouses /elas#o &as able to &(dra& money of the dead husband of " /elas#o 6the latter &as diagnosed as disabled7% The &ard argued that she &as instru#ted by the de#edent to &(dra& money% The T) ruled in favor of /elas#o% )o$y of the de#ision &as given to the 1 st #ounsel of the &ard% The -EW #ounsel filed an M-T based on ne&ly dis#overed eviden#e 6a #ertifi#ation fr% a do#tor that the de#edent #an still $ro$erly #ommuni#ate7 Hel(5 +or /elas#o% There is no dis$ute that at the time the M-T &as filed, the reglementary $eriod to a$$eal had la$sed, F the de#ision had be#ome final F e:e#utory% A 5udgment &(# has be#ome final F e:e#utory #an no longer be altered F modified, mush less set aside by the #t% &(# rendered it sin#e su#h #t% has already lost 5urisdi#tion over the #ase% Thereafter, the $o&er F $rerogative to order sus$ension of the rules of $ro#edure is re$osed, not in the #t% &(# had rendered su#h de#ision but rather in an a$$ellate #t% F ultimately in the '), F then only u$on a sho&ing that other&ise the im$erious demands of substantial 5usti#e &ill be th&arted% Where the reglementary $eriod to a$$eal had e:$ired, the remedy is an M-T% *f it has be#ome final F e:e#utory, one #an file a $etition for relief under R D4 or a $etition for annulment of 5udgment%

An M-T u$on the ground of ne&ly dis#overed eviden#e is $ro$erly granted &here there is #on#urren#e of the follo&ing re>uisites 1% the eviden#e had been dis#overed after trial9 A% the eviden#e #ould not have been dis#overed F $rodu#ed during trial even &( e:er#ise of reasonable diligen#e D% the eviden#e is material F not merely #orroborative, #umulative or im$ea#hing% What is essential is not so mu#h the time &hen the eviden#e offered first s$rang into e:isten#e not the time &hen it first #ame to the kno&ledge of the $arty no& submitting it9 &hat is essential is, rather, that the offering $arty had e:er#ised reasonable diligen#e in seeking to lo#ate su#h eviden#e before or during trial but had not nonetheless failed to se#ure 6 it must have been sear#hed for but not found during trial% 7 *n the )A!, the ne& eviden#e &as already $resented as eviden#e in a #riminal #ase vs% the &ard for falsifi#ation% Therefore, she had already #ome a#ross that eviden#e before% Moreover, it is in the nature of an im$ea#hing eviden#e for it seeks merely to &eaken or #ontrovert $revious eviden#e9 it is not material or #orroborative%

Tumang v% )A 13A ')RA DDA

F$&'s5 Tumang filed for an annulment of a deed of sale be#% there &as no #onsideration% The trial #t% rule for her% The defendant filed an M+R F an M-T based on the ground that the de#ision &as based on insuffi#ien#y of eviden#e F that it &as #ontrary to la&% As eviden#e, . $resented re#ei$ts $roving #onsideration% Tumang assails the de#ision of the )A &(# granted the motion of . by saying that it &as +,RG,TTE- E/*.E-)E 6it had e:isted at trial F &(# #ould have been dis#overed by . if due diligen#e &as e:er#ised% Hel(5 -EWL= .*'),/ERE. E/*.E-)E need not be ne&ly #reated eviden#e% May F does #ommonly refer to eviden#e already in e:isten#e $rior or during the trial but &(# #ould not have been se#ured F $resented during the trial des$ite reasonable diligen#e% +,RG,TTE- E/*.E-)E eviden#e already in e:isten#e or available before or during the trial, &(# &as kno&n to F obtainable by the $arty offering it &(# #ould have been $resented seasonably &ere it not for the oversight or forgetfulness of su#h $arty or his #ounsel% *n the #ase at bar, the re#ei$ts &ere found during a gen% #leaning, &(# goes to sho& that the it #ould hardly have been lo#ated &( the e:er#ise of reasonable(average diligen#e% The re#ei$ts are MATER*AL be#% they are of su#h im$ort that a reasonably $rudent man &ould have sear#hed for them% There &ould be a great benefit to . if he $resents it in trial, therefore, there is no reason &hy did not try to lo#ate it% Motion for re#onsideration, Rule D3, 'e#% 1, $ar% A

Perio&!. Rule 3;, Sec. 1

For f#l# :
Effe#t of Motion for E:tension of Time to +ile 'ee also Rule J1, 'e#% D, $ar% A9 Rule JH, 'e#% A, $ar% A

Habaluyas v% Ja$son, 1JA ')RA AH4

This a resolution on a Motion for Re#onsideration on the ');s A nd division de#ision% Hel(5 *n ' D2 of !" 1A2, the $eriod of a$$eal in the RT) &as redu#ed fr% DH to 1E days for a$$eals fr% final orders, resolution, a&ards, 5udgment or de#ision% !ut only J4 hours for habeas #or$us #ases% ,nly noti#e of a$$eal is re>uired% Re#ord is not re>uired e:#e$t in 6a7 a$$eals in s$l% $ro#%9 6A7 &here multi$le a$$eals are allo&ed% *n these #ases, the $eriod is DH days% A##ording to the *nterim Rules, no a$$eal bond in ne#essary for a$$eal% *ts ' J disallo&s a se#ond M+R of a final order or 5udgment% The $ur$ose of su#h is to avoid $ro#edural delays% !ut the Rules does not e:$ressly $rohibit a motion for e:tension of time to file a M+R of a final order or 5udgment% The interest of 5usti#e &ould be better served if the ruling in the original de#ision 6denying e:tension7 &ere a$$lied $ros$e#tively fr% the time herein stated% *t &ould be unfair to de$rive $arties of their right to a$$eal sim$ly be#% they availed themselves of a $ro#edure &(# &as not e:$ressly $rohibited or allo&ed by the la& or Rules% ,n the other hand, an M-T or M+R is not a $rere>uisite to an a$$eal, a $etition for revie& or a $etition for revie& on #ertiorari, F sin#e the $ur$ose is to e:$edite the final dis$osition of #ases, a stri#t but $ros$e#tive a$$li#ation of said ruling is in order

+rom June DH, 124C, the rule shall be stri#tly enfor#ed that no motion for e:tension of time to file an M-T or M+R, may be filed &( the MeT), MT), RT), F *A)% 'u#h a motion may be filed only in #ases $ending &( the ') as the #t% of last resort, &(# may in its sound dis#retion either grant or deny the e:tension re>uested% *n a$$eals in s$l% $ro#% under R 1H2 F in other #ases &herein multi$le a$$eals are allo&ed, a motion for e:tension of time to file the re#ord on a$$eal may be filed &(in the reglementary $eriod of DH days% *f the #t% denies the motion for e:tension, the a$$eal must be taken &(in the original $eriod sin#e su#h a motion does not sus$end the $eriod for a$$eal% The T) may grant said motion after the e:$iration of the $eriod for a$$eal $rovided it &as filed &(in the original $eriod%

No' reBu#re( for $ppe$l

.ire#tor of Lands v% A>uino, 12A ')RA A2C
F$&'s Abra *ndustrial a$$lied for registration of a $ie#e of land &(# &as granted% The .ire#tor o$$osed saying that the land &as mineral F unalienable% Within one year fr% the issuan#e of the registration de#ree, .ire#tor filed a $etition for revie& the de#rees of registration% Hel(5 An M-T or M+R is not a $re8re>uisite to an a$$eal for revie& or $etition for revie& on #ertiorari% The reglementary $eriod for filing a $etition for revie& on #ertiorari in the instant #ase &as DH days fr% noti#e of order or 5udgment sub5e#t of revie& &(# $eriod, $arentheti#ally, is no& 1E days $ursuant to ' D2 of !"1A2% The .ire#tor having been granted a total of CH days &(in &(# to file the $etition, the same &as timely filed% 'e#ond Motion for -e& Trial, Rule D3, 'e#% E, $ar% 1 'e#ond Motion for Re#onsideration, Rule D3, 'e#% E, $ar% A

For Resolu'#o , Rule 6., Se&. ,

)ontents of Motion for -e& Trial, Rule D3, 'e#% A *n general, Rule D3, 'e#% A9 see also Rule 1E Motion for -e& Trial, Rule D3, 'e#% A, $ar% A Motion for Re#onsideration, Rule D3, 'e#% A, $ar% D "ro forma motion and its effe#ts, Rule D3, 'e#% A, $ar% J

"o5as v% Go?o8.adole, 12A ')RA E3E

F$&'s5 The $laintiff filed a #om$laint for re#overy of $ossession% The T) ruled for the $laintiff F ordered the defendant to va#ate% The defendant filed an M+R !0T *T +A*LE. T, ME-T*,- THE .A= THE M,T*,- *' T, !E RE',L/E. 6no noti#e of hearing7% Later, the defendant filed a noti#e of a$$eal% Hel( -oti#e of a$$eal denied% The M+R &as a mere s#ra$ of $a$er F therefore, $ro forma% *t did not #ontain the day &hen the motion is to be heard, violating 'E R1E% As su#h it does not sus$end the running of the $eriod of a$$eal% The noti#e of a$$eal filed out of time%

1c)io# u-o# %o)io# for Ne7 Tri'l

,$tions in general, Rule D3, 'e#% D

Gr$ '# :, Rule 6., Se&. 4

Effe#t in general, Rule D3, 'e#% E

+ernan v% )A, 1JA ')RA AH4

F$&'s +ernan &as sus$e#ted of having stolen a &allet% The T) ruled against the $laintiff store F a&arded damages to +ernan% The )A affirmed the T) but u$on the M+R of the $laintiff, the T) &as reversed% Hel(% The a$$eal of the store raises no >uestion of la& but of fa#t Revie& of fa#ts is not a fun#tion of the )A% An e:#e$tion to this rule is &hen manifestly #orre#t findings has been un&arrantedly re5e#ted or reversed% *n the )A!, the )A reversed the T)% These instan#es of #onfli#t of findings bet&een the )A F T) is a basis of re#ourse to the ')%

There must be a sho&ing on the fa#e of the re#ord of gross or e:traordinary mis$er#e$tion or manifest bias% *n the )A!, there &as no substantial reason given by +ernan refuting the assessment of the )A &(# ruled that her testimony had #ontradi#tions F in#onsisten#ies% "artial -e& Trials, Rule D3, 'e#% C, 3

De <# :
Remedies, Rule D3, 'e#% 29 Rule J1, 'e#% 1 6a7 -,TE' ,- M,T*,- +,R -EW TR*AL F M,T*,- +,R RE),-'*.ERAT*,Judgment is va#ated% ,n a$$eal 8 a##e$t eviden#e as it is9 atta#h the eviden#e as it is% -e& trial is not de novo, only those affe#ted .enial of M-T 8 a$$eal the 5udgment &ithin the remaining time to file an a$$eal even if less than five 6E7 days% M-T8 not su$$orted by eviden#e, not su$$orted by la&, damages are e:#essive% There #an be a se#ond M-T only &hen ^^^^^^^^ ,rder granting M-T 8 first 5udgment is va#ated for $ur$oses of entering ne& eviden#e% When 5udgment may be va#ated in $art 8 in #ase of se$arate and several 5udgments% Motion to Re8o$en 8 governed by rules on Motions% ,$tions after 5udgment but not yet final F e:e#utory 1% A$$eal A% Motion for ne& trial +AME(good F substantial grounds for saying so .is#overy after J is ren -e&ly dis#overed eviden#e -ot dis#overed &ith reasonable eviden#e -ot merely #olorative D% Motion for re#onsideration 6a7 eviden#e 6b7 la& R a&ard of damages is e:#essive After final F e:e#utory 1% -un# $ro tun# A% "etition for relief from 5udgment D% Annulment of 5udgment J% Remedies during e:e#ution +inal 5udgment 8 1Cth day after noti#e -o $res#ri$tive $eriod in a#tions to nullify Esto$$el 8 by a#t La#hes 8 by negligen#e "etition for relief from 5udgment8 e>uitable remedy9 only very highly dis#retionary on the $art of the #ourt% A#tion to annul 8 se$arate a#tion% Res 5udi#ata may be raised% Any kind of order for "etition for relief, if granted, not a$$ealable% *f not granted, not a$$ealable 8 only s$e#ial #ivil a#tions Rel#ef fro% )u(:%e 's, Or(ers or o';er Pro&ee(# :s

0rou#&! '#& #')ure, Rule 34, Sec!. 1, 2

Grou (s
Gar#ia v% )A, AHA ')RA AA4
F$&'s Eduardo Gar#ia &as able to se#ure a 5udgment fr% the trial #t% issuing to him the )ertifi#ate of Title to a land a#tually o&ned by the s$ouses Gar#ia% He did this by misinforming the #t% of the s$ouses; address so that the noti#es &ont rea#h them thereby de$riving them of the o$$ortunity to $arti#i$ate in the trial% Gar#ia further made further re#overy of the land diffi#ult by #onveying the land to another% The cou)le filed a )etition for relief !4/R$ fr+ said -ud.(ent but failed to cate.orically alle.e eAtrinsic fraud in their affidavit of (erit % The "+R &as dismissed by )A saying that e:trinsi# fraud should be e:$ressly alleged in the affidavit of merit for the $etition to lie% The ') said that sin#e in #ase at bar, the s$ouses &ere able to allege fa#ts leading to e:trinsi# fraud, e:$ress allegation of su#h is not ne#essary% Hel(5 Where fraud is the ground, the fraud must be e:trinsi# or #ollateral F the fa#ts u$on &(# the e:trinsi# fraud is based must have not been #ontroverted or resolved in the #ase &here the 5udgment sought to be annulled &as rendered% +or this $ur$ose, fraud is regarded as e:trinsi# or #ollateral &here it has $revented a $arty fr% having a trial or fr% $resenting all of his #ase to the #t%% *ntrinsi# fraud takes the form of a#ts of the $arty in a litigation during the trial, su#h as the use of forged instruments of $er5ured testimony &(# did not affe#t the $resentation of the #ase but did $revent a fair F 5ust determination of the #ase%

)onde v% *A), 1JJ ')RA 1JJ

F$&'s5 "etitioners alleged fraud% Gutierre? &as able to make it a$$ear that he &as the son of Esteban F +ermina Gutierre? F as a ne#essary #onse>uen#e of su#h filiation, &as the absolute o&ner by su##ession of the $ro$% in <% Hel(5 "etition should be dismissed for la#k of merit be#% the fraud allegedly $er$etuated by G is only intrinsi# in nature F not e:trinsi#% +raud is regarded as e:trinsi# or #ollateral &here it has $revented a $arty fr% having a trial or fr% $resenting all of his #ase to the #t%% *n the #ase at bar, the fraud &as in the nature of do#uments allegedly manufa#tured by G to make it a$$ear he &as the rightful heir of the dis$uted $ro$erty% Hen#e the fraud is intrinsi# in nature%

Meral#o v% )A, 143 ')RA AHH

F$&'s5 Meral#o, after failing to a$$ear at a $re8trial #onferen#e, &as de#lared in default% Thereafter, Meral#o made the follo&ing ste$s 17 +iled a M+R to Lift ,rder of .efault F to /a#ate Judgment by .efault 8 be#% of #ounsel;s influen?a% .enied% A7 "etition for Relief fr% Judgment % .ismissed% D7 "etition for )ertiorari% "ro$riety of this last a#tion is the issue in this #ase% Hel(5 )ertiorari is not $ro$er% 'u#h remedy had already been lost be#% of Meral#o;s negle#t or error in the #hoi#e of remedies% )ertiorari shall not lie to shield Meral#o fr% the adverse #onse>uen#es of su#h negle#t or error% Relief under Rule D4 is of e>uitable #hara#ter F is allo&ed only in e:#e$tional #ases &here there is no other available or ade>uate remedy% Meral#o #ould have $ro#eeded by a$$eal to va#ate or modify the default 5udgment% Relief &ill not be granted &hen the loss of remedy at la& &as due to his o&n negligen#e or a mistaken mode of $ro#edure, other&ise the $etition for relief &ill be tantamount to the right of a$$eal already% +urther, &hen other la&yers #ould have a$$eared F moved for $ost$onement, si#kness of #ounsel is not e:#usable% Re>uires final 5udgment or loss of a$$eal V#ll$ Re< Tr$ s#' ". F$r E$s' =o'or Co., 7+ SCRA *07 F$&'s5 /illa Rey failed to ans&er &(in the reglementary $eriod even after denial of its motion to e:tend time to ans&er% Hen#e, F order of default &as rendered% Thereafter it filed a MT< 'ervi#e of 'ummons, Motion to Lift ,rder of .efault F To 'et Aside Judgment% This &as denied% The DH8day a$$eal $eriod e:$ired &(o any a$$eal% /illa Rey #ontends the motion it filed should be #onsidered as "etition for Relief% Hel(5 This is untenable% A $etition for relief $resu$$oses a final F una$$ealable 5udgment% *n this #ase, 5udgment has not yet be#ome final F una$$ealable at the time of the filing of the motion%

.avid v )A, A1J ')RA CJJ

F$&'s5 An RT) de#ision &as affirmed by )A &( slight modifi#ation to refle#t the date for the #om$utation of the interest to be a&arded% This &as done after denying the $etitioner;s relief fr% 5udgment% Hel(5 )A% *n sustaining the RT) de#ision to deny the $etition for relief fr% 5udgment the res$ondent )ourt #annot at the same time modify the de#ision sought to be overturned by su#h a $etition% The filing

of the $etition for relief fr% 5udgment &( the trial #t% &as an une>uivo#al admission on the $rivate res$ondent;s that his $eriod to a$$eal fr% the de#ision had already e:$ired% A $etition for relief fr% 5udgment under Rule D4 $resu$$oses a final 5udgment or loss of the right to a$$eal% The affirman#e of the )A of the denial of the $etition is a #onfirmation of the e:isten#e of a final F e:e#utory 5udgment% )A #an neither amend nor modify it% When a final 5udgment be#omes e:e#utory it be#omes immutable F unalterable, even if modifi#ation is meant to #orre#t an erroneous #on#lusion of fa#t or la&% ,nly #orre#tions of #leri#al errors or the making of so8#alled -0-) "R, T0-) entries F other 5udgment &(# #ause no $re5udi#e to any $arty are the e:#e$tions to this rule, other&ise any other modifi#ations of a final F e:e#utory 5udgment is /,*.%

Ti$e for 5ili#/, Rule 34, Sec. 3

S'r#&'l< follo@e(
F#rs' I 'e:r$'e( Bo (# : ". Her $ (o, +00 SCRA .04 F$&'s5 +*! &as im$leaded as the insuran#e agen#y of defendant &ho figured in an a##ident killing one $erson% +*! failed to ans&er so it &as de#lared in default% +*! took no $ositive ste$ to va#ate the order of default% *nstead it #hose to file a $etition for relief fr% 5udgment almost five months fr% its re#ei$t of #o$y of the amended de#ision% Hel(5 The $etition for relief fr% 5udgment &as filed out of time% The rules re>uire that su#h $etition should be filed &(in CH days after re#ei$t of 5udgment F not more than si: months after entry of 5udgment% "eriod re>uired by R D4 is non8e:tendible F never interru$ted% *t is not sub5e#t to any #ond% or #ontingen#y, be#% it is itself devised to meet a #ondition or #ontingen#y% The remedy under the Rule D4 &as an a#t of gra#e, designed to give the $arty one last #han#e% !eing in the $osition of one &ho begs, su#h $arty;s $rivilege is not to im$ose #onditions, haggle, or dilly8dally, but to grab &hat is offered him%

Co#)e#)!
Affidavit of Merit, Rule D4, 'e#% D

Gar#ia v% )A, AHA ')RA AA4

F$&'s5 Eduardo Gar#ia &as able to se#ure a 5udgment fr% the trial #t% issuing to him the )ertifi#ate of Title to a land a#tually o&ned by the s$ouses Gar#ia% He did this by misinforming the #t% of the s$ouses; address so that the noti#es &ont rea#h them thereby de$riving them of the o$$ortunity to $arti#i$ate in the trial% Gar#ia further made further re#overy of the land diffi#ult by #onveying the land to another% The #ou$le filed a $etition for relief fr% said 5udgment but failed to #ategori#ally allege e:trinsi# fraud in their affidavit of merit% The "+R &as dismissed by )A saying that e:trinsi# fraud should be e:$ressly alleged in the affidavit of merit for the $etition to lie% The ') said that sin#e in #ase at bar, the s$ouses &ere able to allege fa#ts leading to e:trinsi# fraud, e:$ress allegation of su#h is not ne#essary% Hel(5 )A denied "+R for &ant of e:$ress allegation of e:trinsi# fraud% ') reversed saying that sin#e Rule D4 'e# D 6+AME as ground in affidavit of merit for "+R7 F that in #ase at bar, $etitioners &ere able to sho& e:trinsi# fraud, affidavit is not ne#essary% HEL. The affidavit of merit serves as a 5urisdi#tional basis for a #t% to entertain a $etition for relief% !ut it admits of eAce)tions, i%e% Where the atta#hment of the affidavit of merit in the $etition for relief is unne#essary% The affidavit of merit is essential be#% a ne& trial &ould be a &aste of #ourt;s time if the #om$laint turned out to be groundless% Thus, &here there &as no 5urisdi#tion over the defendant on the sub5e#t matter of the a#tion, &here a 5udgment &as taken by default before defendant;s time to ans&er had e:$ired, &here it &as entertained by mistake, or &as obtained by fraud F other similar #ases, as &hen the a$$li#ant had no noti#e of the trial, &e ruled that an affidavit is not ne#essary% When motion for re#onsideration #onsidered as $etition for relief

.ulos v% )A, su$ra

F$&'s5 -o#om s$ouses filed for#ible entry #ase v .ulos s$ouses in the MT) Las "i]as% "re8trial &as set but the -o#oms still filed another #ase for annulment F a &rit of $reliminary in5un#tion in Makati% .ulos; motion for sus$ension on for#ible entry #ase &as dismissed there being no $re5udi#ial >uestion% "re8trial sa& that the .ulos s$ouses &ere in default des$ite the $resen#e of a $ur$orted re$resentative 6Re#tra7 &ho held a s$e#ial $o&er of attorney e:e#uted by said s$ouses% Judgment on for#ible entry #ase for the -o#oms% The .ulos; filed a motion for re#onsideration of said 5udgment &(# &as denied F the aggrieved s$ouses &ent to the 'u$reme )ourt via s$e#ial #ivil a#tion for #ertiorari, &(# the 'u$reme )ourt dismissed% -o#oms filed for a &rit of demolition &(# &as #ountered by $etitioner s$ouses by filing

for a $etition for #ertiorari, $rohibition F $reliminary in5un#tion, &(# &as granted by the )A% Hen#e, this a$$eal% Hel(5 A motion for re#onsideration of a 5udgment of default may be #onsidered a $etition for relief fr% 5udgment under RD4 'A only if it is a7verified, b7 filed &(in CH days fr% time $etitioner learns of the de#ision but not more than C months fr% entry of 5udgment F #7 if in #ase of failure to file an ans&er the motion must be a##om$anied by an affidavit of merit% *t may be #onsidered as a motion for ne& trial under RA3 'A only if it is a##om$anied by an affidavit of merit%

1c)io# of Cour) +efore 1#!7er

Po@er 'o De <, Rule 6., Se&. ,

Remedies after denial, see Rule J1, 'e#% 16b7 Ser"#&e Spe&#$l#s's ". S;er#ff of =$ #l$, +,- SCRA +60 F$&'s5 'ervi#e '$e#ialists F #ounsel failed to a$$ear at a $re8trial F &as de#lared in default% 'ervi#e filed a $etition for relief fr% 5udgment% The lo&er #t% dismissed the $etition for relief for la#k of 5urisdi#tion to hear F determine the same% 'ervi#e filed a noti#e of a$$eal to the *A)% Hel(5 'ervi#e filed its $etition for relief also &( the RT) Manila but not in the same #ase but in another #ase% This is erroneous% A 5udgment or order denying relief under Rule D4 is final F not a$$ealable, unlike an order granting su#h relief &(# is interlo#utory% Ho&ever, in su#h an a$$eal, the a$$ellate #t% is only to determine the e:isten#e of any of the grounds relied u$on 6fraud, a##ident, mistake or e:#usable negligen#e7 F the merit of the $etitioner;s #ause of a#tion or defense, as the #ase may be% Moreover, 'ervi#e merely filed a noti#e of a$$eal to the *A) fr% the order of the lo&er #t% &(# dismissed his $etition for relief% The a$$eal should have been made to this )ourt through a $etition for revie& on #ertiorari% "relimnary *n5un#tion $ending $ro#eedings, Rule D4, 'e#% E ,rder to file an ans&er, Rule D4, 'e#% J

Proce&ure
,rder to file an ans&er, Rule D4, 'e#% J Availability of $reliminary in5un#tion, Rule D4, 'e#% E "ro#eedings after ans&er is filed, Rule D4, 'e#% C Where denial of a$$eal is set aside, Rule D4, 'e#% 3

1c)io# of cour) 'f)er /ivi#/ &ue cour!e

Granting of $etition for relief, Rule D4, 'e#% 3

Re(edies David v+ CA, 6>@ SCRA C@@

F$&'s5 An RT) de#ision &as affirmed by )A &( slight modifi#ation to refle#t the date of #om$uting interest% This &as done after denying the $etitioner;s relief fr% 5udgment% Hel(5 The remedy under RJ1 &(# $rovides that a 5udgment denying relief under RD4 is sub5e#t to a$$eal, F in the #ourse thereof, a $arty may also assail the 5udgment on the merits, u$on the ground that it is not su$$orted by the eviden#e or it is #ontrary to la&% This $rovision, ho&ever, #an;t be #onstrued as allo&ing the revie& of the de#ision on the s$e#ifi# ground therein indi#ated, if the denial of the $etition for relief by the T) is sustained by the A$$ellate )ourt% *t may only be done if the a$$ellate #t% overturns su#h denial% The )A, after sustaining the trial #ourt;s denial of the $etition for relief should have dismissed the a$$eal F to de#lare the lo&er #ourt;s de#ision as firm, final F e:e#utory%

)heesman v% *A), 12D ')RA 2D

F$&'s5 Thomas )heesman attem$ted to annul the sale by his +ili$ino &ife of a residential lot F building to "adilla% The sale &as de#lared void ab initio% Ho&ever, 5udgment &as set aside as regards "adilla on a $etition for relief filed by her ground on fraud, a##ident, mistake or e:#usable negligen#e &(# had seriously im$aired her right to $resent her #ase ade>uately% The $etition for relief fr% 5udgment &as given due #ourse F a ne& 5udge $resided over the #ase% "adilla filed a motion for summary 5udgment &(# &as granted% The 5udgment de#lared sale as valid% )heesman >uestions the $ro$riety of su#h 5udgment%

Hel(5 An order of the )+* granting a $etition for relief under Rule D4 is interlo#utory F is not a$$ealable% ,n#e the $etition for relief is granted F the 5udgment sub5e#t thereof set aside, F further $ro#eedings are thereafter had, the #t% in its 5udgment on the merits may $ro$erly grant the relief sought in the $etitioner;s basi# $leadings, although different fr% that stated in his $etition for relief% Therefore, sin#e both )+* F *A) found that the fa#ts ade>uately $roved fraud, mistake or e:#usable negligen#e by &(# "adilla;s rights have been substantially im$aired, the sale &as de#lared valid% .enying $etition for relief, Rule J1, 'e#% 1 6b7

Ser"#&e Spe&#$l#s's ". S;er#ff of =$ #l$, supr$

F$&'s5 "etitioner filed an a#tion for re$levin F damages against $rivate res$ondents% A $re8trial #onferen#e &as set but $rivate res$ondent F #ounsel failed to a$$ear &(# resulted in the issuan#e of an order F 5udgment of default against res$ondents% "rivate res$ondent then moved for relief fr% 5udgment F order of default% This motion &as o$$osed by a motion to dismiss filed by $etitioner% The Lo&er #t% dismissed the $etition for relief on the ground of la#k of 5urisdi#tion% Res$ondent filed a noti#e of a$$eal but a &rit of e:e#ution &as nevertheless filed% This #ase stems fr% the de$uty sheriff;s refusal to $ro#eed &( the au#tion of res$ondent;s $ro$erties% Hel(5 A 5udgment or order denying relief under Rule D4 is final F a$$ealable, unlike an order granting su#h relief &(# is interlo#utory% Ho&ever, in the a$$eal the #t% may not reverse or modify the 5udgment on the merits% The 5udgment fr% &(# relief is sought is already final F e:e#utory% This remedy only enables the a$$ellate #t% to determine not only the e:isten#e of any of the grounds relied u$on &hether it be fraud, a##ident, mistake or e:#usable negligen#e, but also F $rimarily, the merit of the $etitioner;s #ause of a#tion or the defense, as the #ase may be% *f the a$$ellate #t% finds that one of the grounds e:ist F that the $etitioner has a good #ause of a#tion or im$ortan#e, it &ill reverse the denial or dismissal, set aside the 5udgment in the main #ase F remand the #ase to the lo&er #t% for a ne& trial in a##ordan#e &( 'e# 3 Rule D4% +inally, a noti#e of a$$eal fr% the order of the lo&er #t% &(# dismissed his $etition for relief fr% 5udgment Kfor la#k of 5urisdi#tion to hear F determine the sameL should have been made to the ') through a $etition for revie& on #ertiorari F not to the *A)%

Re$e&ie! 'f)er -e)i)io# for relief e=-ire!

Ra(ire2 v+ CA, >DE SCRA >9?
F$&'s5 Ramire?, as a $laintiff in a suit over an airstri$ failed to do the follo&ing furnish a #o$y of the noti#e of hearing to other $arty9 a$$ear at the $re8trial9 file a$$eal instead of seeking relief9 F seasonably file a motion for re#onsideration% After the 5udgment in 6favor of Ramire?;s o$$onent7 had be#ome final F e:e#utory% Ramire? filed a $etition for relief fr% 5udgment even if the $eriod for filing the same had e:$ired% Hel(5 There is no means &hereby the defeated $arty may $ro#ure a final F e:e#utory 5udgment to be set aside &( a vie& to the removal of the litigation beyond the $eriod for seeking relief, fr% a final order of 5udgment under Rule D4 unless A7 5udgment is void for &ant of 5urisdi#tion or for la#k of due $ro#ess of la& or !7 it has been fraud% 6*n other &ords, $eriod for filing of "+R is mandatory but admits of e:#e$tions \ la#k of J F fraud%7

Reope # : o' $llo@e(

Alvendia v+ IAC, >D> SCRA 696
F$&'s Alvendia defaulted on his obligation to $ay !onamy% Alvendia did not do anything fr% the filing of the #om$laint against him u$ to the time that the 5udgment be#ame final F e:e#utory% E:e#ution has been ordered F his $ro$erty has been levied% He moved for e:tension of time to file $etition for revie&% Hel(5 *t is a:iomati# that there is no 5ustifi#ation in la& F in fa#t for the reo$ening of a #ase &(# has long be#ome final F &(# in fa#t has been e:e#uted% Time F again this #t% has said that the do#trine of finality of 5udgment is grounded on fundamental #onsiderations of $ubli# $oli#y F sound $ra#ti#e that at the risk of o##asional error, the 5udgments of #ts% must be#ome final at some definite date fi:ed by la& \ Alvendia #annot invoke e>uity to reo$en #ase sin#e they have been given o$$ortunity but failed%

Appe$ls Rules ,3 C -4
-,TE' ,- A""EAL

A$$eal is a matter of right #reated by statutes% ,n#e denied, one #an avail of the #onstitutional right to due $ro#ess A$$eal is asking a$$ellate #ourt to #orre#t errors in the e:er#ise of 5urisdi#tion Errors of 5urisdi#tion #orre#ted by revie& on #ertiorari% <uestion of fa#t 6<f7 e:isten#e of a $arti#ular issue of fa#t% *ssue &hi#h eviden#e is #redibleB Whether or &hi#h $arti#ular situations e:ists% As the #ase goes higher in #ourt hierar#hy, #ourt deal &ith eviden#e as $art of re#ord, hen#e be#omes farther and farther from the sour#e% +or this reason, Trial #ourts are a##orded high res$e#t in their findings of >uestions of fa#t% <uestions of la& #hara#teri?ation of fa#ts as sho&n by the eviden#e, #orre#t #hara#teri?ation of fa#t based on a $rovision of la&% Whi#h la& is a$$li#able given a set of #ir#umstan#es 'everal Modes of A$$eal 1% Mandatory 8 a$$ellate #ourt must a##e$t A% .is#retionary 8 a$$ellate #ourt #an deny -ormally +irst a$$eal 8 al&ays mandatory9 as a matter of statutory right 'e#ond a$$eal 8 dis#retionary Third a$$eal 8 dis#retionary 6ho&ever, if originating fr% MT), may not be dis#retionary7 E:er#ise of 5urisdi#tion 8 sub5e#t matter of a$$eal <uestions of 5urisdi#tion 8 file an entirely ne& #ase9 sub5e#t matter of s$e#ial #ivil a#tions

I Appe$ls C '#'le of ';e &$se re%$# s ';e s$%e

"laintiff(.efendant only be#omes A$$ellant(A$$ellee *ssue of 5urisdi#tion 8 file entirely a different #ase by filing s$e#ial #ivil a#tion atta#hing as a ground, abuse of dis#retion A$$eal #an fo#us in the issue of la& or fa#t or both% EHe&u'#o , S$'#sf$&'#o $ ( Effe&' of )u(:%e 's

Rule 60

Spe&#$l C#"#l A&'#o s Rules 4* C .+

NOTES ON SPECIAL CIVIL ACTIONS5 )ertiorari 8 means dis#retion A$$eal by #ertiorari 8 Rule JE 8 title does not #hange "etition for revie& on #ertiorari 8 title does not #hange '$e#ial #ivil a#tion for #ertiorari 8 Rule CE 8 title does not #hange be#ause it is an entirely different #ase Rule JE is a mode of a$$eal &hile Rule CE is an entirely different a#tion "etition for Relief from Judgment 8 title does not #hange, 5udge is not a $arty ,n old rule, the Re#ord on A$$eal are merely summary of $ro#eedings &hile the ne& in the rules, the entire re#ords are elevated to the a$$ellate #ourt, es$% if only one a$$eal is $ossible%

Remedies &here more than 1 a$$eal is allo&ed e%g%, '$e#ial )ivil A#tion of Eminent .omain 6Mun of !i]an7 A orders 617 #ondemnation of the $ro$erty, < of 5ust taking, RT) original and e:#lusive 5urisdi#tion 6A7 order of &hether there is 5ust #om$ensation 6final order right to take and use $ro$7 6final order value of $ro$7 -ote *n the a$$eal of the 1st order, the #ourt #annot elevate the entire re#ords sin#e the #ourt must still rule on the And order% The a$$ellant summari?es re#ords on a$$eal &hi#h must be a$$roved by the RT) then su#h &ill be elevated &ith e:hibits and relevant do#uments% Therefore Re#ord on A$$eal 6in Eminent .omain7 substitutes the entire re#ords% Effe#t time $eriods differ a% elevation of re#ords 8 after noti#e, re#ords are elevated in 1E days b% re#ords on a$$eal 8 DH days a$$ellee #an ob5e#t &ithin E days only u$on a$$roval of re#ord% -ote al&ays institute a#tion at the lo&est #ourt to ma:imi?e a$$eals

=TC 'o RTC C Rule ,3

Multi$le a$$eals 8 noti#e and re#ord of a$$eal Go dire#tly to the ') &hen a$$eal #ontains only >uestions of la&% 'tart &ith )A 8 a#tion to annul and s$e#ial #ivil a#tions ,nly one mode of a$$eal to ') 8 A$$eal by #ertiorari% C82 8 A$$eal9 e:e#ution of 5udgments 8 *nter$leader, de#laratory relief9 s$e#ial #ivil a#tions ,rdinary #ivil a#tions 8 re#ord on a$$eal9 in situations &hen you #an take multi$le a$$eals '$e#ial #ivil a#tions 8 eminent domain9 re#ord on a$$eal also essential Re#ord on a$$eal substitutes for the re#ords% ,rdinary a$$eals 8 entire re#ords are elevated SC ,riginal 5urisdi#tion MT)8 mode only a$$eals by #ertiorari Rule JE9 dis#retionary on the $art of the ')9 raise only >uestions of la& 'tay the 5udgment of the )A9 V1E[ e:tendible for #om$elling reasons for DH days Gen Rule All a$$eals stay e:e#ution of 5udgment E:#e$tion Rule JD CA Mode "etition for revie& by #ert9 V1E[ e:tendible for 1E days and no se#ond e:tension unless #om$elling reasons V1E days[9 must raise >uestions of fa#t &ith >uestions of la& or >uestions of fa#t alone 6Habaluyas #ase a !ar <, #lassmates7% Rule JA8 file $etition not &ith #ourt of origin but &ith the )A9 summari?es the #ase, fa#ts, the issues and $uts in the arguments% RTC mode file noti#e of a$$eal V1E[ ,rdinary a$$eal ,rdinary #ivil a#tions8 $artial ne& trial Rule J1 re#ord on a$$eal VDH[ several 5udgments -o e:tension9 avail only se$arate 5udgments9 Where mult% A$$eals are &here a$$eal is allo&ed Avail9 raise < fa#t F < la& '$e#ial #ivil a#tions8 eminent domain $artition no& an a$$eals bond is not '$e#ial $ro#eedings8 only under Rule 1H2 re>uired =TC

CA Rule JD9 in #ases originating from <uasi8Judi#ial Agen#y, the )A having a$$ellate 5urisdi#tion, the )A does not stay the e:e#ution of Judgment <uasi85udi#ial Agen#y Rule JE8 A$$eal by #ertiorari 614 #o$ies7 +rom RT) to ') $ossible only &hen >uestions of la& are raised% V1E[ days e:tendible for DH days A$$eals from MT) to RT) 8 original a$$ellate 5urisdi#tion Rule JE8 errors of e:er#ise of 5urisdi#tion Rule CE8 errors in 5urisdi#tion SC Rule JE <uestions of la& Mode A$$eal by #ert% ,nly <l CA Mode ,rdinary a$$eals Multi$le a$$eals 8 noti#e &ith re#ord on a$$eal Raises <f(<l RT) 6e:er#ises original 5urisdi#tion7

') 8 dis#retionary9 may &ish not to entertain a$$eal Rule JE9 <uestions of la& A$$eal by #ertiorari

CA C Cour' of or#:#
,r Annulment of 5udgment -ullifi#ation of 5udgment '$e#ial #ivil a#tions Habeas #or$us SC Mode A$$eal by #ert%9 raise only <l9 V1E[ e:tension VDH days9 Rule JE, furnish 14 #o$ies RTC Rule MT) JE <JA JD JE MT) _ RT) _ APPEAL /PROCESS1 ,rdinary a$$eal by filing noti#e of a$$eal &ith #ourt of origin &ithin 1E days from noti#e of order Rule J1 "eriods not a% noti#e of a$$eal V1E days[ E:tendible b% noti#e &ith re#ord on a$$eal VDH days[ )A ') J1 RT) JA )A JE ')

Or#:# $l $ ( &o &urre ' 8ur#s(#&'#o

') 8 ,rdinary #ivil a#tion 8 #ases involving ambassadors and #onsuls9 '$e#ial #ivil a#tions ,rdinary #ivil a#tions '$e#ial #ivil a#tions annulments(nullifi#ation of 5udgment #ert, mandamus, $rohibition, h% #or$us

)A 8

Or(# $r< $ppe$l Cour' of or#:# C @;ere o'#&e of $ppe$l #s f#le(

"erfe#tion &hen noti#e is filed +or defendants that did not file an a$$eal &hen the $eriod to a$$eal had la$sed

+rom date of $erfe#tion of a$$eal8 #ourt loses 5urisdi#tion over the $arties After a$$eal is $erfe#ted8 #ourt of origin may still a#t $rior to transmission of re#ords -ot #ontentious $oints A$$rove #om$romises "ermit a$$eals of indigent litigants Eg% 'ub5e#t matter is $erishable A$$ellate )ourt 8 has 5urisdi#tion to dismiss the #ase only for reasons $rovided in R,), it is nor dis#retionary on their $art MT) to RT)8 a$$ellant;s memorandum( a$$ellee;s memorandum RT) to )A8 a$$ellant;s brief( a$$ellee;s brief "etition for revie& 8 -othing is filed at the #ourt of origin9 al&ays filed &ith the a$$ellate #ourt9 summari?es fa#ts )ourt has the o$tion to dismiss the $etition outright not on the $ro#edural ground but on the merits be#ause grounds are not substantions 6Rule JA, Rule JD7 ,ther $arties re>uired to file only a )omment Rule JA F JD $eriod to file memoranda9 not e:tendible Rule JE $eriod to file memoranda9 e:tendible ,rdinary A$$eal 8 Re#ord on A$$eal 'hould be &ritten by the 5udge9 but burden of drafting the re#ord falls on the a$$ellant T) losses 5urisdi#tion, &ith res$e#t to the $arty filing the a$$eal, u$on its a$$roval of the Re#ord of A$$eal ,ther $arty may ob5e#t &ithin E days from re#ei$t of re#ord on a$$eal After a$$roval9 noti#e, re#ord on a$$eal, e:hibits, et#% are elevated to the a$$ellate #ourt )on#e$t of Multi$le A$$eals 8 Eminent .omain )on#e$t of Re#ord of A$$eal 6'ummary of the #ase, looks like a "re8Trial !rief78 should be &ritten by the Judge but the burden falls on the a$$ellant, sub5e#t to a$$roval of the #ourt% "eriod &ithin DH days )ourt of ,rigin loses 5urisdi#tion u$on the a$$roval of re#ord of a$$eal ,rdinary A$$eal -oti#e =ODES OF APPEAL 61 A$$eal7

-oti#e &ith re#ord of a$$eal 6Multi$le A$$eal7 "etition for Revie& JA JD A$$eal by )ertiorari -oti#e Rule CE is not an A$$eal

Co &ep' of $ APPEAL
Errors of 5urisdi#tion Rule CE

Su98e&' %$''er
Errors in the e:er#ise ,f 5urisdi#tion A$$eal

< When is a$$eal by #ert under rule CE availableB A After a 5udgment or final order *t is not available if there is already a final 5udgment 6Eternal Gardens7 or a final order 'ubstitutes for an a$$eal Gen Rule -o % M-T(MR is te#hni#ally not a substitute E:#e$;n "res#o v% )A, ')A by #ert%

"R,/*'*,-AL REME.*E'
Prel#%# $r< A''$&;%e ' "ur$ose To have $ro$erty of adverse $arty atta#hed as se#urity for the satisfa#tion of 5udgment that may be re#overed in #ases falling under 'e# 1, Rule E3% At the #ommen#ement of the a#tion or at any time $rior to the entry of 5udgment Prel#%# $r< I 8u &'#o GPrel#%# $r< =$ ($'or< I 8u &'#o To re>uire a $arty or a #ourt, agen#y or a $erson to refrain from doing a $arti#ular a#t or a#ts or to re>uire the $erforman#e of a $arti#ular a#t or a#ts% At any stage $rior to the 5udgment or final order +ile verified a$$li#ation and a$$li#ant;s bond9 if a$$li#ation is in#luded in the initiatory $leading, the adverse $arty should be served &ith summons together &ith a #o$y of the initiatory $leading and the a$$li#ant;s bond ,nly the )ourt &here the a#tion is $ending9 Lo&er )ourt, )a or ') $rovided a#tion is $ending in the same #ourt &hi#h issues the in5un#tion% A$$li#ant is entitled to the relief demanded A#t(s #om$lained of &ould &ork in5usti#e to the a$$li#ant if not en5oined A#ts sought to be en5oined $robably violates a$$li#ants Re&e#"ers;#p To $la#e the $ro$erty sub5e#t of an a#tion or $ro#eeding under the #ontrol of a third $arty for its $reservation and administration litis $endentia At any time $rior to satisfa#tion of 5udgment +ile verified a$$li#ation and a$$li#ant;s bond9 a$$li#ation may also be in#luded in initiatory $leading in a#tions for fore#losure of mortgage )ourt &here a#tion is $ending, the )A or the ') even if a#tion is $ending in the lo&er #ourt% A$$ellate #ourt may allo& a$$li#ation for re#eivershi$ be de#ided by the #ourt of origin% A$$li#ant has interest in the $ro$erty or fund sub5e#t matter of the a#tion or $ro#eeding "ro$erty or fund is in danger of being lost removed or materially in5ured Reple"# Suppor' Pe (e 'e L#'e To #om$el adverse $arty to $rovide su$$ort &hile a#tion is $ending in #ourt

To re#over $ossession of $ersonal $ro$erty

When a$$lied(grant ed Ho& a$$lied for

At the #ommen#ement of the a#tion but before ans&er is filed

At the #ommen#ement of the a#tion or at any time $rior to the 5udgment or final order +ile verified a$$li#ation9 bond not re>uired

+ile affidavits and a$$li#ant;s bond

+ile affidavits and a$$li#ant;s bond

Who may grant Re>uisites for granting a$$li#ation

)ourt &here a#tion is $ending, the )A or the ') even if a#tion is $ending in the lo&er #ourt%

,nly in the #ourt &here a#tion is $ending A$$li#ant is the o&ner of the $ro$erty #laimed or is entitled to the $ossession of the same "ro$erty is &rongfully detained by the adverse $arty

)ourt of origin and a$$ellate #ourt% 6'ee Ramos v% )A7 Affidavits, de$ositions or other do#uments should sho&, at least $rovisionally, that the a$$li#ant is entitled to re#eive su$$ort

'uffi#ient #ause of a#tion )ase is #overed by se#tion 1 Rule E3 -o other suffi#ient se#urity for the #laim e:ists Amount due to a$$li#ant or value of $ro$erty he is

Prel#%# $r< A''$&;%e ' entitled to re#over is e>ual to the sum for &hi#h the order of atta#hment is granted

Prel#%# $r< I 8u &'#o GPrel#%# $r< =$ ($'or< I 8u &'#o rights res$e#ting the sub5e#t of the a#tion or $ro#eeding

Re&e#"ers;#p A$$ointment of re#eiver is the most #onvenient and feasible means of $reserving, administering or dis$osing of the $ro$erty in litigation

Reple"# "ro$erty is not distrained or taken for a ta: assessment or a fine $ursuant to la&

Suppor' Pe (e 'e L#'e

Where $ro$erty is #laimed by third $erson

When third8$arty #laimant makes an affidavit of his title to the $ro$erty or his right to the $ossession thereof, and serves su#h affidavit to the sheriff and a #o$y thereof to the atta#hing $arty, the sheriff shall not be bound to kee$ the $ro$erty unless the atta#hing $arty files a bond a$$roved by the #ourt to indemnify the third8$arty #laimant in a sum not less than the value of the $ro$erty levied u$on% )laim for damages for the taking or kee$ing the $ro$erty must be filed &ithin 1AH days from filing of the bond%

!ond re>uirement

!ond e:e#uted to the adverse $arty in the amount fi:ed by the #ourt to #over the #osts &hi#h may be ad5udged to the adverse $arty and all damages &hi#h he may sustain by reason of the granting of $rovisional remedy $rayed for, if the #ourt shall finally ad5udge that the a$$li#ant &as not entitled thereto

When third8$arty #laimant makes an affidavit of his title to the $ro$erty or his right to the $ossession thereof, and serves su#h affidavit to the sheriff and a #o$y thereof to the atta#hing $arty, the sheriff shall not be bound to kee$ the $ro$erty under re$levin unless the a$$li#ant files a bond a$$roved by the #ourt to indemnify the third8$arty #laimant in a sum not less than double the value of the $ro$erty levied u$on% )laim for damages for the taking or kee$ing the $ro$erty must be filed &ithin 1AH days from filing of the bond% !ond e:e#uted to the adverse $arty in (ou9le ';e "$lue of the $ro$erty for the return of the $ro$erty to the adverse $arty if su#h return be ad5udged, and for the $ayment to the adverse $arty of su#h sum as he may re#over from the a$$li#ant of the a#tion

-o bond re>uired

Prel#%# $r< Re&e#"ers;#p Reple"# I 8u &'#o GPrel#%# $r< =$ ($'or< I 8u &'#o B< &ou 'erC9o (5 "arty against &hom the $rovisional remedy is availed of, may move for the dis#harge of the $rovisional remedy granted by filing a #ounter8bond in an amount e>ual to that fi:ed by the #ourt or e>ual to the value of the $ro$erty if &ith res$e#t to a $arti#ular $ro$erty to se#ure the $ayment of any 5udgment that the adverse $arty may re#over in the a#tion

Prel#%# $r< A''$&;%e '

Suppor' Pe (e 'e L#'e

-ot a$$li#able% .is#harge of remedy

)ash de$osit may be made in lieu of the #ounter8bond

+iling of #ounter8bond made only u$on sho&ing that the issuan#e or #ontinuan#e thereof &ould #ause irre$arable damage to the $arty or $erson en5oined &hile the a$$li#ant #an be fully #om$ensated for su#h damages as he may suffer 9 #ounter8bond alone &ill not suffi#e to dis#harge the in5un#tion% *nsuffi#ien#y of the a$$li#ation A$$ointment &as obtained &ithout suffi#ient #ause

Amount of #ounter8bond should also be (ou9le ';e "$lue of the $ro$erty

O';er :rou (s im$ro$er or irregular issuan#e or enfor#ement or insuffi#ien#y of the bond

Prel#%# $r< A''$&;%e ' .amages in #ase a$$li#ant for any of the $rovisional remedies not entitled thereto or for any irregularity in the $ro#urement of $rovisional remedy

Prel#%# $r< I 8u &'#o GPrel#%# $r< =$ ($'or< I 8u &'#o

Re&e#"ers;#p

Reple"#

Suppor' Pe (e 'e L#'e When 5udgment or final order finds the $erson &ho has been $roviding su$$ort $endente lite not liable therefor )ourt shall order the re#i$ient to return the amounts already re#eived &ith interest from the dates of a#tual $ayment Re#i$ient may obtain reimbursement from the $erson legally obliged to give su$$ort 6se$arate a#tion must be filed for the $ur$ose7 *f re#i$ient fails to reimburse the amount, $erson &ho $rovided the same may seek reimbursement from the $erson legally obliged to give the su$$ort 6se$arate a#tion must be filed for the $ur$ose7

,&ner of $ro$erty atta#hed must file before trial or before $erfe#tion of a$$eal a$$li#ation for damages "arty &ho availed of $rovisional remedy and his surety or sureties must be notified , sho&ing right to damages and amount thereof .amages a&arded only after $ro$er hearing9 in#luded in 5udgment of the main #ase

*f 5udgment of a$$ellate #ourt is favorable to the $arty against &hom $rovisional remedy &as effe#ted A$$li#ation must be filed &ith the a$$ellate #ourt before the 5udgment of the a$$ellate #ourt be#omes e:e#utory A$$ellate #ourt may allo& a$$li#ation to be heard and de#ided by the trial #ourt

*f bond or de$osit given by the $arty availing of the $rovisional remedy be insuffi#ient or fail to satisfy the a&ard Adverse $arty may re#over damages in the same a#tion

'"E)*AL )*/*L A)T*,-'

I 'erple$(er

De&l$r$'or< Rel#ef
.e#laration of rights and duties 6reformation of instrument, >uieting of title, #onsolidation of o&nershi$7

Cer'#or$r# /CO=ELEC $ ( COA1

Cer'#or$r# Pro;#9#'#o =$ ($%us

Fuo 2$rr$ 'o

EHpropr#$'#o

Fore&losure of Re$l Es'$'e =or':$:e

'atisfy #reditor based u$on se#urity

P$r'#'#o

For&#9le E 'r<

De'$# er

Co 'e%p'

"ur$ose

)om$el #onfli#ting #laimants to litigate their #laims among themselves

)orre#ting errors of 5urisdi#tion

Remove a usur$er

Taking of $rivate $ro$erty for $ubli# use

.ivision of real $ro$erty among the $arties #laiming rights thereto

Re#over $ossession in fa#t

"rote#t 5udi#ial system from un&arranted intrusion

Re>uisites

)onfli#ting #laims e:ist u$on the same sub5e#t matter 'u#h #laims are made u$on a $erson &ho #laims no interest in the sub5e#t matter

"erson has interest under a deed, &ill, #ontra#t or other &ritten instrument "erson;s rights are affe#ted by a statute, e:e#utive order or regulation, ordinan#e, or any other governmental regulation -o brea#h or violation of the rights has yet o##urred

Judgment or final order has been rendered by the ),MELE) or the ),A Aggrieved $arty &ants the 5udgment or final order revie&ed by a higher #ourt

Cer'#or$r#5 Any tribunal, board or offi#er e:er#ising 5udi#ial or >uasi 5udi#ial fun#tions has rendered 5udgment 'u#h tribunal, et#% has a#ted &ithout or in e:#ess of its 5urisdi#tion Pro;#9#'#o 5 "ro#eedings in a tribunal, #or$oration, board, offi#er or $erson e:er#ising 5udi#ial, >uasi 5udi#ial or ministerial fun#tions are #ondu#ted &ithout or in e:#ess of its 5urisdi#tion =$ ($%us5 When any tribunal, #or$oration, board, offi#er or $erson unla&fully negle#ts $erforman#e of an a#t &hi#h the la& s$e#ifi#ally en5oins )ommon re>uisite There is no a$$eal or any $lain, s$eedy, and ade>uate remedy in the ordinary #ourse of la&

A $erson usur$s, intrudes into, or unla&fully holds or e:er#ises offi#e, $osition, or fran#hise A $ubli# offi#er does or suffers an a#t &hi#h, by the $rovision of la&, #onstitutes a ground for the forfeiture of his offi#e9 An asso#iation a#ts as a #or$oration &ithin the "hili$$ines &ithout being legally in#or$orated or &ithout la&ful authority so to a#t

"ro$erty o&ned by a $rivate $arty Taking by government for $ubli# use Just #om$ensation

A $erson o&es another a loan Loan is se#ured by mortgage of real $ro$erty .ebtor defaulted in $ayment +inal demand has been made

Real $ro$erty is o&ned by several $ersons "erson #laiming right to the $ro$erty does not &ant #o8o&nershi$ to #ontinue

A $erson en5oys la&ful $ossession of the $ro$erty Another $erson a#>uires $ossession of the same $ro$erty by for#e, intimidation, threat, strategy or stealth

A $erson la&fully takes $ossession of the land at the beginning 'u#h la&ful $ossession has ended A demand to va#ate has been made

.ire#t #ontem$t A $erson behaved im$ro$erly in the $resen#e or so near a #ourt 'u#h misbehavior obstru#ted or interru$ted #ourt $ro#eedings *ndire#t #ontem$t Misbehavior in $erforman#e of offi#ial fun#tions .isobe8 dien#e to la&ful #ourt orders Abuse or unla&ful interferen#e &ith #ourt $ro#esses *m$ro$er #ondu#t &hi#h tends to im$ede administration of 5usti#e "retending to be a la&yer or offi#er +ailure to obey sub$oena

"ro#edure

)om$laint is filed 'ummons served u$on $arties "arties files motion to dismiss or ans&ers the #om$laint "re8trial )ourt determines $arties; res$e#tive rights and ad5udi#ate their several #laims -ote .o#ket fees $aid by #om$lainant #onstitute a lien u$on sub5e#t matter of the a#tion

A#tion is brought before a$$ro$riate RT) All $ersons affe#ted made $arties -oti#e to 'ol Gen if validity of a statue, e:e#utive order or regulation of any other governmental regulation is involved -oti#e to $rose#utor or attorney of LG0 if involving validity of a lo#al ordinan#e )ourt a#ts on a$$li#ation *f during $enden#y of a#tion there o##urs brea#h or violation, a#tion is #onverted into an ordinary a#tion

14 #o$ies of verified $etition shall be filed &ithin DH days from noti#e of the 5udgment or final order *f motion for ne& trial or re#on8sideration is allo&ed, $eriod to file $etition is interru$ted% *f motion is denied, $etition shall be filed &ithin remaining $eriod, in no #ase less than E days% "ay do#ket and other la&ful fees and de$osit of "EHH for #osts ') either orders res$on8 dents to file their #omment if it finds $etition suffi#ient in form and substan#e or dismisses the $etition if it &as filed manifestly for delay or the >uestions raised are too unsubstantial Res$ondent s file #omment ') either sets #ase for oral argument or re>uires submission of memoranda or de#ides the #ase based on submit8 ted do#uments

"etition must be filed &ithin CH days from noti#e of 5udgment )ourt orders res$ondents to file #omment &ithin 1H days from re#ei$t of order )ourt may order filing of re$ly or other res$onsive $leadings )ourt may hear the #ase or re>uire $arties to submit memoranda )ourt either grants $etition or dismisses the same if it finds the same to be $atently &ithout merit, $rose#uted manifestly for delay, or that the >uestions raised are too insubstantial to re>uire #onsideration )ertified #o$y of 5udgment is served u$on the #ourt, >uasi85udi#ial agen#y, tribunal, #or$oration, board, offi#er or $erson and disobedien#e thereto shall be $unished as #ontem$t%

/erified $etition in the name of the R" is filed 6"erson #laiming to be entitled to a $ubli# offi#e or $osition usur$ed by another may bring a#tion in his o&n name7 "erson at &hose instan#e the $etition is brought $ays #osts and e:$enses Res$ondent is notified )ourt may redu#e $eriods for filing $leadings to se#ure most e:$editious determination of matters involved in the a#tion Judgment is rendered% )ourt may render 5udgment for #osts against $etitioner, relator or $erson(s #laiming to be a #or$oration "erson ad5udged entitled to $ubli# offi#e may demand of the res$ondent to deliver all books and $a$ers to him

/erified #om$laint filed, stating right and $ur$ose of e:$ro$riation "ersons o&ning or #laiming to o&n any interest $ertaining to the $ro$erty must be 5oined as defendants "laintiff may enter $ro$erty after filing #om$laint and de$ositing &ith a government de$ositary amount e>uivalent to assessed value of $ro$erty .efendants allo&ed to file ob5e#tions )ourt rules on the issue of e:$ro$riation, granting or denying the same *f e:$ro$riation is granted, #ourt a$$oints notmore than D #ommisioners ,b5e#tions to a$$ointment of #ommisioners may be filed &ithin ten days from servi#e )ommissioners take oath before assuming fun#tion )ommissioners

)om$laint filed )ourt as#ertaines amount due to $laintiff and renders 5udgment ordering defendant to $ay &ithin a &ithin a $eriod not less than 2H days but not more than 1AH days *f defendant fails to $ay, fore#losure sale ensues )osts dedu#ted from $ro#eeds of sale, mortgagee $aid amount due9 if there is e:#ess in the $ro#eeds, same is turned over to mortgagor *f $ro#eeds of sale is not suffi#ient to #over entire indebtedness, defi#ien#y 5udgment is rendered e:e#ution immediately issues if &hole debt is due, other&ise, mortagor entitled to e:e#ution u$on original terms of the #ontra#t )ertified #o$y of final order #onfirming the sale is registered in the registry of

Jurisdi#tio n

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