Beruflich Dokumente
Kultur Dokumente
1. Introduction
1.1.
Applicability of rules to civil and criminal actions and
special proceedings
Rule 1
Section 2. In what courts applicable. These Rules
shall apply in all the courts, except as otherwise provided
by the Supreme Court. (n)
Section 4. In what case not applicable. These Rules
shall not apply to election cases, land registration,
cadastral, naturalization and insolvency proceedings, and
other cases not herein provided for, except by analogy or
in a suppletory character and whenever practicable and
convenient. (R143a)
- Definition of
proceedings.
civil,
criminal
actions
and
special
1.2.
-
1.3.
Courts and Jurisdiction
1.3.1. Courts is an organ of government belonging to the
judicial department the function of which is the application of
the laws to controversies brought before it as well as the
public administration of justice. (Blacks Law Dictionary, 5th
Edition)
1.3.1.1.
1.3.1.2.
1.3.1.3.
1.3.1.4.
1.3.1.5.
Supreme Court
Court of Appeals
Regional Trial Court
Sandiganbayan
Court of Tax Appeals
1.5.
Procedure and Substantive Law
1.5.1. Procedure is the process for the enforcement of rights
and obligations
1.5.2. Substantive law creates, defines, regulates and
extinguishes rights and obligations.
2. General Provisions for Ordinary Civil Actions
2.1.
It must be based on a cause of action
- What is a cause of action? It is an act or omission by which a
party violates the rights of another.
-
2.2.
-
Competency of Parties
Section 5. Minor or incompetent persons. A minor or a
person alleged to be incompetent, may sue or be sued with
the assistance of his father, mother, guardian, or if he has
none, a guardian ad litem. (5a)
Section 18. Incompetency or incapacity. If a party
becomes incompetent or incapacitated, the court, upon
motion with notice, may allow the action to be continued
by or against the incompetent or incapacitated person
assisted by his legal guardian or guardian ad litem. (19a)
Necessary Parties
Those who are not indispensable
parties but ought to be joined as
parties if complete relief is to be
accorded as to those already
parties, or for a complete
determination or settlement of the
claim subject of the action.
Even if not included in the suit,
the case may be finally
determined in court, but the
judgment therein will not resolve
the whole controversy.
Those whose presence is
necessary to adjudicate the whole
controversy but whose interest
are so far separable that a final
decree can be made in their
absence without affecting them.
Failure to comply with the order of
the court to include a necessary
party, without justifiable cause,
Death of a Party
o Consequence of death of party
Section 20. Action and contractual money claims.
When the action is for recovery of money arising
from contract, express or implied, and the
defendant dies before entry of final judgment in the
court in which the action was pending at the time of
such death, it shall not be dismissed but shall
instead be allowed to continue until entry of final
judgment. A favorable judgment obtained by the
plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting
2.3.
-
Venue of Actions
Real and Personal actions
o Real actions one which affects title to or possession of
real property or an interest therein.
o All other actions are personal actions (Riano, Vol. 1, p.
181)
o Real action is local, its venue depends upon the
location of the property (Supra).
Where the subject matter of the action involves
various parcels of land situated in different
provinces, the venue is determined by the
singularity or plurality of the transactions
involving the said parcels of land. Thus:
Where the parcels of land are the objects of
one and the same transaction, the venue is
in the court of any of the provinces wherein
the parcel of land is situated; OR
If subjects of separate and distinct
transactions, there is no common venue
and separate actions should be laid in the
court of the province wherein each parcel of
land is situated (Regalado, Vol 1, p. 118).
o A personal action is transitory. The venue is either:
Where the plaintiff or any of the principal
plaintiffs resides; or
Where the defendant or any of the principal
defendants resides.
- "Where the subject matter of the action involves
various parcels of land situated in different provinces,
the venue is determined by the singularity or plurality of
the transactions involving said parcels of land. Thus,
where said parcels are the objects of one and the same
transaction, the venue was in the then CFI of any of the
provinces wherein a parcel of land is situated"
(Regalado, Remedial Law Compendium, Vol. 1, p. 105).
As enunciated by the Supreme Court in El Hogar Filipino
v. Seva (G.R. No. 36627, 19 November 1932), it is only
"when various parcels of land or real property situated in
different provinces, are included in one mortgage
contract, (that) the Court of First Instance of the province
wherein they are situated or a part thereof is situated,
has jurisdiction to take cognizance of an action for the
foreclosure of said mortgage, and the judgment therein
Agreement on venue
o In writing;
o Made before the filing of the action; and
o Exclusive as to the venue.
2.4.
-
The rule is that payment in full of the docket fees within the
prescribed period is mandatory.8 In Manchester v. Court of
Appeals, it was held that a court acquires jurisdiction over
any case only upon the payment of the prescribed docket fee.
The strict application of this rule was, however, relaxed two
(2) years after in the case ofSun Insurance Office, Ltd. v.
Asuncion, wherein the Court decreed that where the initiatory
pleading is not accompanied by the payment of the docket
fee, the court may allow payment of the fee within a
reasonable period of time, but in no case beyond the
applicable prescriptive or reglementary period. This ruling
was made on the premise that the plaintiff had demonstrated
his willingness to abide by the rules by paying the additional
docket fees required. Thus, in the more recent case of United
Overseas Bank v. Ros, the Court explained that where the
party does not deliberately intend to defraud the court in
payment of docket fees, and manifests its willingness to
abide by the rules by paying additional docket fees when
required by the court, the liberal doctrine enunciated in Sun
Insurance Office, Ltd., and not the strict regulations set
in Manchester, will apply. It has been on record that the
Court, in several instances, allowed the relaxation of the rule
on non-payment of docket fees in order to afford the parties
the opportunity to fully ventilate their cases on the merits. In
the case of La Salette College v. Pilotin, the Court stated:
Notwithstanding the mandatory nature of the
requirement of payment of appellate docket fees, we also
recognize that its strict application is qualified by the
following: first, failure to pay those fees within the
reglementary period allows only discretionary, not
automatic, dismissal; second, such power should be used
by the court in conjunction with its exercise of sound
discretion in accordance with the tenets of justice and fair
play, as well as with a great deal of circumspection in
3.4.
-
Amended/Supplemental pleadings
Amendment a matter of right before responsive pleading filed
o No limitation on extent of amendment, even changing
cause of action set out in original pleading
o Right to amend not affected by motion to dismiss or
motion for summary judgment or even motion for
judgment on the pleadings which are not considered
responsive pleading
o Rule when some but not all defendants file responsive
pleading
3.5.
3.6.
3.7.
3.8.
3.9.
Pre-trial
3.10.
Discovery
3.11.
Trial
3.12.
Consolidation
3.13.
Demurrer to Evidence
3.14.
Judgment on the pleadings
3.15.
Summary Judgments
3.16.
Judgments
3.17.
Remedies from judgments (same court, same case)
3.18.
Execution of judgments
- only a final judgment that disposes of the action is subject to
execution
- final judgment vs final and executor judgment
o a "final judgment" in the sense just described becomes
final "upon expiration of the period to appeal therefrom
if no appeal has been duly perfected" or, an appeal
therefrom having been taken, the judgment of the
appellate tribunal in turn becomes final and the records
of the case are returned to the Court of origin. The
"final" judgment is then correctly categorized as a "final
and executory judgment" in respect to which, as the
law explicitly provides, "execution shall issue as a
matter of right." It bears stressing that only a final
judgment or order, i.e., "a judgment or order that finally
disposes of the action of proceeding" can become final
and executory. (Investments vs. CA, 147 SCRA 334)
-
4. Appeals
- a remedy to set aside or reverse or modify a judgment on the
merits.
4.1.
-
Concept of appeal
guard against judgment of unskilled and unfair judges
prevention as much as correction of mistakes
not a right but a mere privilege, thus may be lost
4.2.
-
4.3.
4.4.
-
Modes of appeal
ordinary appeal (by mere notice of appeal with court
rendering judgment)
o MTC to RTC
o RTC to CA
o Review of judgments rendered in the exercise of
original jurisdiction
o No extension of time to file notice of appeal
o Period to appeal in interrupted by filing of Motion for
New Trial or Motion for Reconsideration
o If MNT or MR is denied, fresh period to appeal
Neypes vs. CA, G.R. No. 141524, September 24,
2005
o Payment of docket fees must accompany notice of
appeal
petition for review (by filing with the CA under Rule 42)
o second level of review
4.5.
When does court lose jurisdiction relative to filing of notice
of appeal
- upon transmission of the records to the appellate court.
- May notice of appeal be contested? Dismissed by the court?
o Yes, when filed out of time; and
o Non-payment of docket fees within the reglementary
period
- Duty of the court when notice of appeal is filed?
o Verify the correctness of the records
o Verify completeness of the records
o If incomplete, complete the same
o Transmit to appellate court the records
- Dilatory appeals
o Should be dismissed
4.6.
-
Improper appeals
to CA from RTC on questions of law
to SC via notice of appeal
5. Provisional Remedies
5.1.
Preliminary Attachment
- Kinds of attachments
o Preliminary
o Garnishment
o Levy on execution
-
effected
until
and
unless
proceeded
or
contemporaneously accompanied by service of
summons But we must distinguish the case at bar
from the Sievert and BAC Manufacturing cases. In those
two cases,summons was never served upon the
defendants. The plaintiffs therein did not even attempt
to cause service of summons upon the defendants,
right up to the time the cases went up to this Court.
This is not true in the case at bar. The records reveal
that Sheriff Flores and Sun Life did attempt a
contemporaneous service of both summons and the
writ of attachment on January 3, 1992, but we stymied
by the absence of a responsible officer in petitioners'
offices. Note is taken of the fact that petitioners Oate
and Econ Holdings admitted in their answer 9that the
offices of both Brunner Development Corporation and
Econ Holdings were located at the same address and
that petitioner Oate is the President of Econ Holdings
while petitioner Dio is the President of Brunner
Development Corporation as well as a stockholder and
director of Econ Holdings. (Supra)
o Writs
of
attachment
may
properly
issue ex
parte provided that the Court is satisfied that the
relevant requisites therefor have been fulfilled by the
applicant, although it may, in its discretion, require
prior hearing on the application with notice to the
defendant; but that levy on property pursuant to the
writ thus issued may not be validly effected unless
preceded, or contemporaneously accompanied, by
service on the defendant of summons, a copy of the
complaint (and of the appointment of guardian ad
litem, if any), the application for attachment (if not
incorporated in but submitted separately from the
complaint), the order of attachment, and the plaintiff's
attachment bond. (Davao Light and Water vs. CA, 204
SCRA 343)
o Ordinarily, the prayer in a petition for a writ of
preliminary attachment is embodied or incorporated in
the main complaint itself as one of the forms of relief
sought in such complaint. Thus, valid service of
summons and a copy of the complaint will in such case
vest jurisdiction in the court over the defendant both
for purposes of the main case and for purposes of the
Preliminary Injunction
preceded by a 72 hour TRO, 20-day TRO (RTC) or a 60-day
TRO (CA)
within the TRO, hearing must be conducted
may be granted at any stage of the proceeding
requirement for issuance
o existence of the right to be protected
o that the act against which injunction is to be directed
are violative of such right.
5.3.
5.4.
Receivership
Replevin
5.5.