Relevant

1COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE
RULE 23
Definition of Discovery
Discovery, in general, is defined as the disclosure of facts resting in
the knowledge of the defendant, or as the production of deeds,
writings, or things in his possession or power, in order to maintain the
right or title of the party asking it, in a suit or proceeding. (Insular
Life Assurance Co. Ltd. v. CA, 238 SCRA 88, citing Bouviers Law
Dictionary)
Object of Discovery
The object of discovery is to make it possible for all the parties to a
case to learn all the material and relevant facts, from whoever may
have knowledge thereof, to the end that their pleadings or motions
may not suffer from inadequacy of factual foundation, and all the
relevant facts may be clearly and completely laid before the Court,
without omission or suppression. (Dasmarinas Garments, Inc. v.
Reyes, 225 SCRA 622)
Purpose of Discovery
The rules on discovery (Rules 24, 25, 26, 27, 28 and 29 of the
Revised Rules of Court) are intended to enable a party to obtain
knowledge of material facts within the knowledge of the adverse
party or of third parties through depositions to obtain knowledge of
material facts or admissions from the adverse party through written
interrogatories; to obtain admissions from the adverse party
regarding the genuineness of relevant documents or relevant matters
of fact through requests for admission; to inspect relevant documents
or objects and lands or other property in the possession or control of
the adverse party; and to determine the physical or mental condition
of a party when such is in controversy. This mutual discovery enables
a party to discover the evidence of the adverse party and thus
facilitates an amicable settlement or expedites the trial of the case.
(Koh v. IAC, 144 SCRA 259)
Principal Benefits of Discovery
The other principal benefits derivable from the availability and
operation of a liberal discovery procedure are the following:
1. It is of great assistance in ascertaining the truth and in checking
and preventing perjury. The reasons for this are:
(a) The witness (including a party) is examined while his memory
is fresh;
2.
3.
4.
5.
6.
7.
(b) The witness (including a party) is generally not coached in

preparation for a pre-trial oral examination with the result that
his testimony is likely to be more spontaneous. Where the
examination is upon written interrogatories, however, it
appears that some lawyers furnish the witness with copies of
the interrogatories and thereby enable him to prepare his
answers in advance;
(c) A party or witness whose deposition has been taken at an
early stage in the litigation cannot, at a later date, readily
manufacture testimony in contradiction to his deposition;
(d) Testimony is preserved, so that if a witness unexpectedly dies
or becomes unavailable at the trial, his deposition is available.
It is an effective means of detecting and exposing false,
fraudulent, and sham claims and defenses.
It makes available in a simple, convenient, and often inexpensive
way facts which otherwise could not have been proved, except
with great difficulty and sometimes not at all.
It educates the parties in advance of trial as to the real value of
their claims and defenses, thereby encouraging settlements out
of court.
It expedites the disposal of litigation, saves the time of the courts,
and clears the docket of many cases by settlements and
dismissals which otherwise would have to be tried.
It safeguards against surprise at the trial, prevents delays, and
narrows and simplifies the issues to be tried, thereby expediting
the trial.
It facilitates both the preparation and the trial of cases. (Fortune
v. CA, 229 SCRA 355)
Discovery is not mandatory

Recourse to discovery procedures is not mandatory. If the parties do
not choose to resort to such procedures, the pre-trial conference
should be set pursuant to the mandatory provisions of Section 1 of
Rule 20. (Koh v. IAC, 144 SCRA 259)
Applicability of Discovery in CIR
Modes of discovery are applicable to proceedings the Court of
Industrial Relations. (East Asiatic Company, Ltd. v. CIR, 40 SCRA 521)
Fishing Expedition not a defense
No longer can the time-honored cry of 'fishing expedition' serve to
preclude a party from inquiring into the facts underlying his
GRACE XAVIERE E. ESCOSIA
ATENEO LAW 4A 2011

opponent's case. Mutual knowledge of all the relevant facts gathered
by both parties is essential to proper litigation. To that end, either
party may compel the other to disgorge whatever facts he has in his
possession. The deposition-discovery procedure simply advances the
stage at which the disclosure can be compelled from the time of trial
to the period preceding it, thus reducing the possibility of surprise."
(Republic v. Sandiganbayan, 358 SCRA 284)
Definition of Deposition
A Deposition," in its technical and appropriate sense, is the written
testimony of a witness given in the course of a judicial proceeding, in
advance of the trial or hearing upon oral examination or in response
to written interrogatories and where an opportunity is given for crossexamination. (Republic v. Sandiganbayan, 358 SCRA 284)
4.) Educate the parties in advance of trial as to the real value of their
claims and defenses thereby encouraging settlements;
5.) Expedite litigation;
6.) Safeguard against surprise;
7.) Prevent delay;
8.) Simplify and narrow the issues; and
9.) Expedite and facilitate both preparation and trial. (People v.
Webb, 312 SCRA 573, citing 23 Am Jur 2d 493)
A deposition is "the testimony of a witness taken upon oral question

or written interrogatories, not in open court, but in pursuance of a
commission to take testimony issued by a court, or under a general
law or court rule on the subject, and reduced to writing and duly
authenticated, and intended to be used in preparation and upon the
trial of a civil or criminal prosecution. A pretrial discovery device by
which one party (through his or her attorney) asks oral questions of
the other party or of a witness for the other party. (People v. Webb,
312 SCRA 573, citing Blacks Law Dictionary)
Function of a Deposition
Deposition is chiefly a mode of discovery, the primary function of
which is to supplement the pleadings for the purpose of disclosing
the real points of dispute between the parties and affording an
adequate factual basis during the preparation for trial. (Pajarillaga v.
CA, 570 SCRA 347)
Purpose of a Deposition
The purposes of taking depositions are to:
1.) Give greater assistance to the parties in ascertaining the
and in checking and preventing perjury;
2.) Provide an effective means of detecting and exposing
fraudulent claims and defenses;
3.) Make available in a simple, convenient and inexpensive
facts which otherwise could not be proved except with
difficulty;
truth
false,
way,
great
ATENEO LAW 4A 2011

Taking versus Use of Depositions
No limitations other than relevancy and privilege have been placed
on the taking of depositions, while the use at the trial is subject to
circumscriptions looking toward the use of oral testimony wherever
practicable. (Fortune v. CA, 229 SCRA 355)
Inadmissibility of Deposition
Where the witness is available to testify and the situation is not one
of those excepted under Sec. 4 of the ROC, his deposition theretofore
taken is inadmissible in evidence and he should in lieu thereof be
made to testify. (Regalado)
Discovery Still Applies Even If Motion for Bill of Particulars

Denied
A bill of particulars may elicit only ultimate facts, not so called
evidentiary facts. The latter are without a doubt proper subject of
discovery. (Herrera)
Limitations to Discovery
The liberty of a party to avail itself of this procedure, as an attribute
of discovery, is well-nigh unrestricted if the matters inquired into are
otherwise relevant and not privileged, and the inquiry is made in
good faith and within the bounds of the law. (Republic v.
Sandiganbayan, 204 SCRA 212)
Broader Meaning of Relevancy
Relevant is synonymous with the word germane. The law
contemplates examination, not only for use as evidence but also to
discover information which may be useful in the preparation for trial.
(Herrera, citing Francisco)
The relevancy of evidence sought at the taking of deposition should
be determined at the trial and not with motion to terminate or limit
the examination unless it plainly appears in such motion that the
evidence can have no possible bearing on the issues. (Herrera, citing
Union Central Life Ins. v. Burger)
When Leave of Court is necessary
Leave of court is not necessary to take a deposition after an answer
to the complaint has been served. It is only when an answer has not
yet been filed (but jurisdiction has been obtained over any defendant
or over property subject of the action) that prior leave of court is
required. The reason for this is that before filing of the answer, the
issues are not yet joined and the disputed facts are not clear. Before
service of such answer, leave of court may be granted but only in
exceptional or unusual situations. (Republic v. Sandiganbayan, 358
SCRA 284)
ATENEO LAW 4A 2011

Introduction of Deposition
GR: The introduction of the deposition binds the party who introduces
it since he thereby makes the deponent his witness.
EX:
1. If it is introduced to impeach or contradict the witness, or
2. If it is the deposition of an opposing party. (Regalado)
not unlimited. It must be exercised, not arbitrarily or oppressively,

but in a reasonable manner and in consonance with the spirit of the
law. (Northwest Airlilnes, Inc. v. Cruz, 317 SCRA 761)
The deposition must be formally offered in evidence although it need

not actually be read in court. (Baron v. David, 51 Phil. 1)
Definition of Good Cause

The matter of good cause is to be determined by the court in the
exercise of judicial discretion. Good cause means a substantial
reason one that affords a legal excuse. Whether or not substantial
reasons exist is for the court to determine, as there is no hard and
fast rule for determining the question as to what is meant by the
term "for good cause shown." The requirement, however, that good
cause be shown for a protective order puts the burden on the party
seeking relief to show some plainly adequate reasons for the order. A
particular and specific demonstration of facts, as distinguished from
conclusory statements, is required to establish good cause for the
issuance of a protective order. What constitutes good cause
furthermore depends upon the kind of protective order that is sought.
(Fortune v. CA, 229 SCRA 355)
Definition of a Commission
A commission may be defined as "(a)n instrument issued by a court
of justice, or other competent tribunal, to authorize a person to take
depositions, or do any other act by authority of such court or
tribunal." (Dasmarinas Garments, Inc. v. Reyes, 225 SCRA 622, citing
Feria, J.)
Definition of a Letters Rogatory
Letters rogatory may be defined as "(a)n instrument sent in the name
and by the authority of a judge or court to another, requesting the
latter to cause to be examined, upon interrogatories filed in a cause
pending before the former, a witness who is within the jurisdiction of
the judge or court to whom such letters are addressed." It may be
may be applied for and issued only after a commission has been
"returned unexecuted." (Dasmarinas Garments, Inc. v. Reyes, 225
SCRA 622, citing Feria, J.)
On such terms and with such directions as are just and
appropriate under Sec. 12
What matters is that the deposition is taken before a Philippine
official acting by authority of the Philippine DFA and by virtue of a
commission duly issued by the Philippine Court, in which, the case is
pending and in accordance with the Philippine ROC pursuant to which
opportunity for cross examination of the deponent will be fully
accorded to the adverse party. (Herrera, citing Dasmarinas Garments,
Inc. v. Reyes)
Orders for the protection of the parties, when it may be
granted
The provision explicitly vesting in the court the power to order that
the deposition shall not be taken connotes the authority to exercise
discretion on the matter. However, the discretion conferred by law is
Mere failure to observe the behavior of witnesses is not a ground to

refuse the taking of a deposition. (Lopez v. Maceren, 95 Phil. 456)
No Power to Rule on Objections

The officer before whom the deposition is taken does not have the
power to rule upon objections to the questions. (Regalado)
Time and Place for taking Deposition upon Written
Interrogatories
No express requirement that the notice state the time and place for
taking the deposition. (Herrera)
Right to Cross Examination in Written Interrogatories
There is a right to cross examine orally even if examination is based
on written interrogatories. (Herrera, citing Alitalia v. De Borja, 19
SCRA 366)
Cumulative Application of Discovery Rules
The fact that a party has resorted to a particular method of discovery
will not bar subsequent use of other discovery devices, as long as the
party is not attempting to circumvent a ruling of the court, or to
harass or oppress the other party. The various modes of discovery
ATENEO LAW 4A 2011

under the Rules are clearly intended to be cumulative, and not
alternative or mutually exclusive.
Availability of the proposed deponent to testify in court does not
constitute good cause to justify the courts order that his deposition
shall not be taken. (Fortune v. CA, 229 SCRA 355)
Inapplicability of Rule 23 to criminal cases

It is true that Section 3, Rule 1 of the Rules of Court provides that the
rules of civil procedure apply to all actions, civil or criminal, and
special proceedings. In effect, it says that the rules of civil procedure
have suppletory application to criminal cases. However, it is likewise
true that the criminal proceedings are primarily governed by the
Revised Rules of Criminal Procedure. Considering that Rule 119
adequately and squarely covers the situation in the instant case, we
find no cogent reason to apply Rule 23 suppletorily or otherwise.
(Vda. de Manguerra v. Risos, 563 SCRA 499)
RULE 24
Applicability of Rule 24 to Criminal Actions
It is submitted that Sec. 1 may not be availed of in criminal cases,
but the procedure in Sec. 7 is available in all actions, including
criminal cases. (Regalado)
Perpetuation of Testimony as Proof
Depositions taken under this Rule do not prove the existence of any
right and the testimony therein perpetuated is not in itself conclusive
proof, either of the existence of any right nor even of the facts to
which they relate, as it can be controverted at the trial in the same
manner as though no perpetuation of testimony was ever had.
(Regalado, citing Alonso v. Lagdameo, 7 Phil 75)
However, in the absence of any objection to the taking thereof and
even if the deponent did not testify at the hearing of the case, the
perpetuated testimony constitutes prima facie proof of the facts
referred to in his deposition. (Regalado, citing Rey v. Morales, 35 Phil.
230)
RULE 25
Written Interrogatories under Section 25, Rule 23 and Rule 1,
Section 25
Under Rule 23, interrogatories are delivered to officer duly authorized
to take the deposition who shall take note the answer thereto. Under
Rule 25, interrogatories are served directly to the adverse party only.
(Herrera, citing Moran)
Effect of order in default
ATENEO LAW 4A 2011

A defendant who has been declared in default cannot be permitted to
propound interrogatories. (Herrera)
Judgment by Default may be granted

A judgment by default may be rendered against a party who fails to
serve his answer to written interrogatories. (Regalado, citing Cason v.
San Pedro, 65 SCRA 46)
Who are required to make Answer to Interrogatories
Answers cannot be made by an agent or attorney, answers not made
by the parties are nullities.
Order disallowing Interrogatories
An order disallowing interrogatory is interlocutory and remedy is to
raise question of admissibility on appeal from final judgment.
(Araneta v. Rodas, 81 Phil. 507). It does not binding against coparties for lack of notice. (Herrera)
Effect of Failure/Refusal to Resort to Discovery Procedures
Where a party unjustifiedly refuses to elicit facts material and
relevant to his case by addressing written interrogatories to the
adverse party to elicit those facts, the latter may not thereafter be
compelled to testify thereon in court or give a deposition pending
appeal. The sanction adopted by the Rules is not one of compulsion
in the sense that the party is being directly compelled to avail of the
discovery mechanics, but one of negation by depriving him of
evidentiary sources which would otherwise have been accessible to
him. (Regalado)
RULE 26
Primary Function of Rule 26 as a Mode of Discovery
Rule 26 as a mode of discovery contemplates of interrogatories that
would clarify and tend to shed light on the truth or falsity of the
allegations in a pleading. That is its primary function. It does not refer
to a mere reiteration of what has already been alleged in the
pleadings. (Concrete Aggregates Corporation v. CA, 266 SCRA 88)
Request must be served directly upon the party
The request for admission must be served directly upon the party;
otherwise, the party to whom the request is directed cannot be
deemed to have admitted the genuineness of any relevant document
in and exhibited with the request or relevant matters of fact set forth
therein, on account of failure to answer the request for admission.
(Briboneria v. CA, 216 SCRA 607)
ATENEO LAW 4A 2011
Contents of a Request for Admission

A party should not be compelled to admit matters of fact already
admitted by his pleading and concerning which there is no issue, nor
should he be required to make a second denial of those already
denied in his answer to the complaint. A request for admission is not
intended to merely reproduce or reiterate the allegations of the
requesting party's pleading but should set forth relevant evidentiary
matters of fact, or documents described in and exhibited with the
request, whose purpose is to establish said party's cause of action or
defense. Unless it serves that purpose, it is" pointless, useless," and
"a mere redundancy. (Po v. CA, 164 SCRA 668)
Answer to Request made by Lawyer
The answer to a request for admission under this Rule may be made
by the lawyer of the party and not necessarily the party himself.
(PSFC Financial Corp. v. CA,GR 106094)
Effect of Failure to Answer
A Trial Court has no discretion to determine what the consequences
of a party's refusal to allow or make discovery should be; it is the law
which makes that determination; and it is grave abuse of discretion
for the Court to refuse to recognize and observe the effects of that
refusal as mandated by law. (Diman v. Alumbres, 101 SCAD 246)
When Summary Judgment may be granted
It is a settled rule that summary judgment may be granted if the
facts which stand admitted by reason of a party's failure to deny
statements contained in a request for admission show that no
material issue of fact exists. By its failure to answer the other party's
request for admission, petitioner has admitted all the material facts
necessary for judgment against itself. (Allied Agri-Business
Development Co., Inc. v. CA, 299 SCRA 680)
Implied Admission Cannot be Set Aside by Amended
Complaint
Where the plaintiff failed to answer a request for admission filed
under this Rule, based on its allegations in its original complaint, the
legal effects of its implied admission of the facts stated in the request
cannot be set aside by its subsequent filing of an amended
complaint. It should have filed a motion to be relieved of the
consequences of said implied admission. (Regalado, citing Bay View

Hotel, Inc. v. Kerr & Co. Ltd., L-28237)
RULE 27
Test to be applied
The test to be applied by the trial judge in determining the relevancy
of documents and the sufficiency of their description is one of
reasonableness and practicability. (Regalado, citing Line Corp v.
Moran, 59 Phil. 176)
Liberal Construction of the Rules
In passing on a motion for discovery of documents, the court should
be liberal in determining whether or not documents are relevant to
the subject matter of the action. (Regalado, citing Hercules Power Co.
v. Haas Co.)
Good Cause under this Rule
Good cause does not relate to the substance in the documents, but
to the reason for producing relevant or material matters, therein; so
that the enforcement of the rule entails exercise of sound judicial
discretion. The burden is on the moving party to demonstrate the
need for the documents sought beyond the relevancy or materiality
of the substance therein. (Herrera, citing Martin)
Discovery and Inspection of Things
Possession, custody or control is sufficient, and need not necessarily
be in actual possession or custody. Designation of documents
demanded for inspection is sufficiently definite if it informs the
adverse party what it is required to produce. (Herrera, citing Keone v.
Lohmaier)
Rule applies even if documents already exhibited in court
When there is nothing secret or confidential about the documents
sought to be inspected, no serious objection can therefore be
presented to the desire of the requesting party to have copies of
those documents in order to study them some more or otherwise use
them during the trial for any purpose allowed by law. (Republic v.
Sandiganbayan, 204 SCRA 232)
ATENEO LAW 4A 2011

Similarity with the Rule on Search and Seizure in Civil Actions
for Infringement of Intellectual Property Rights (AM No. 02-106-SC) (Relevant provisions only)
SEC. 2. The writ of search and seizure. Where any delay is likely to
cause irreparable harm to the intellectual property right holder or
where there is demonstrable risk of evidence being destroyed, the
intellectual property right holder or his duly authorized
representative in a pending civil action for infringement or who
intends to commence such an action may apply ex parte for the
issuance of a writ of search and seizure directing the alleged
infringing defendant or expected adverse party to admit into his
premises the persons named in the order and to allow the search,
inspection, copying, photographing, audio and audiovisual recording
or seizure of any document and article specified in the order.
SEC. 3. Where application filed. The application shall be filed with
any of the Regional Trial Courts of the judicial region designated to
try violations of intellectual property rights stationed at the place
where the alleged violation occurred or is to occur, or the place to be
searched, at the election of the applicant: Provided, however, that
where the complaint for infringement has already been filed, the
application shall be made in the court where the case is pending.
SEC. 6. Grounds for the issuance of the order. Before the Order can
be issued, the evidence proffered by the applicant and personally
evaluated by the judge must show that:
(a) the applicant is the right holder or his duly authorized
representative;
(b) there is probable cause to believe that the applicants right is
being infringed or that such infringement is imminent and there is a
prima facie case for final relief against the alleged infringing
defendant or expected adverse party;
(c) damage, potential or actual, likely to be caused to the applicant is
irreparable;
(d) there is demonstrable risk of evidence that the alleged infringing
defendant or expected adverse party may destroy, hide or remove
the documents or articles before any application inter partes can be
made; and
(e) the documents and articles to be seized constitute evidence of
the alleged infringing defendants or expected adverse partys
infringing activity or that they infringe upon the intellectual property
right of the applicant or that they are used or intended to be used as

means of infringing the applicants intellectual property right.
SEC. 7. When writ may issue. If the judge is satisfied with the proof
of facts upon which the application is based, he shall issue the writ
requiring the search, inspection or copying of the subject documents
or articles or commanding the sheriff to take them into his custody
subject to the control of the court. The enforcement of the writ shall
be supervised by an independent Commissioner to be appointed by
the court.
SEC. 13. Search to be conducted in the presence of defendant, his
representative, person in charge of the premises, or witnesses. The
premises may not be searched except in the presence of the alleged
infringing defendant, expected adverse party or his representative or
the person in charge or in control of the premises or residing or
working therein who shall be given the opportunity to read the writ
before its enforcement and seek its interpretation from the
Commissioner. In the absence of the latter, two persons of sufficient
age and discretion residing in the nearest locality.
SEC. 14. Manner of search and seizure; duties of the sheriff. Upon
service of the writ in accordance with section 11 hereof, the sheriff,
under the supervision of the Commissioner, shall search for the
documents and articles specified in the writ, and take them in his
custody subject to the control of the court.
If the subject articles are not capable of manual delivery, the
sheriff shall attach to them a tag or label stating the fact of seizure
and warning all persons from tampering with them.
The sheriff shall, in the presence of the applicant or his
representative, and under the supervision of the Commissioner,
prepare a detailed list of the seized documents and articles. He shall
give an accurate copy of the same to the alleged infringing
defendant, expected adverse party, his agent or representative, to
the person in charge or in control of the premises or residing or
working therein in whose presence the search and seizure were
made. In the absence of the person in charge or in control of the
premises or residing or working therein, the sheriff must, in the
presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a copy of the receipt in the place
in which he found the seized property. Where no witnesses are
available in the same locality, the copy of the receipt shall be left by
ATENEO LAW 4A 2011

the sheriff in the presence of two witnesses residing in the nearest
locality The applicant or his representative and the Commissioner
shall also be given a copy of the receipt.
After the sheriff has taken possession of the documents and
articles, he shall deliver them to a bonded warehouse or government
warehouse for safekeeping. The applicant or his representative shall
be allowed access to said materials for the purpose of examining
them.
The applicant shall be responsible for the necessary expenses
incurred in the seizure and safekeeping of the documents and articles
in a bonded warehouse or government warehouse.
SEC. 15. Use of reasonable force to effect writ. The sheriff, if
refused admittance to the premises after giving notice of his purpose
and authority or in the absence of the alleged infringing defendant or
expected adverse party, his agent or representative, or person in
charge or in control of the premises or residing or working therein
who is of sufficient age and discretion, may use reasonable force to
gain entry to the premises or any part of the building or anything
therein, to enforce the writ or to liberate himself or any person
lawfully aiding him when unlawfully detained therein.
SEC. 16. Seizure of computer disks or other storage devices. The
seizure of a computer disk or any storage device may be executed in
any of the following manner:
(a) by the physical taking thereof,
(b) by copying its contents in suitable device or disk provided by the
applicant; or
(c) by printing out the contents of the disk or device with the use of a
printer.
When the computer disks or storage device cannot be readily
removed from the computer to which they are fitted, the sheriff may
take the subject computer from the custody of the alleged infringing
defendant, expected adverse party or person in charge or in control
of the premises or residing or working therein.
The writ may be discharged on any of the following grounds:

(a) that the writ was improperly or irregularly issued, or excessively
enforced;
(b) that the bond is insufficient;
(c) that the safeguards provided in the writ have been violated by the
applicant or the sheriff; or
(d) that the documents and articles seized are not infringing copies
or means for making the materials alleged to infringe the intellectual
property right of the applicant.
The writ may be discharged in a summary hearing by the
court after notice to the applicant, the sheriff and the Commissioner.
If the court finds that the bond is insufficient, it shall order a
new bond to be filed by the applicant within a reasonable time. The
discharge of the writ based on the insufficiency of the bond may only
be made if the applicant fails to post the new bond within the period
fixed by the court.
SEC. 20. Failure to file complaint. The writ shall also, upon motion
of the expected adverse party, be set aside and the seized
documents and articles returned to the expected adverse party if no
case is filed with the appropriate court or authority within thirty-one
(31) calendar days from the date of issuance of the writ.
SEC. 22. Judgment. If it appears after trial that the seized
documents and articles are bound to infringe the intellectual property
right of the applicant or that they constitute the means the means for
the production of infringing goods, the court shall order their
destruction or donation to charitable, educational or religious
institutions with the prohibition against bringing the same in to the
channels of commerce. In the latter case, infringing trademarks or
trade names found on labels, tags and other portions of the infringing
materials shall be removed or defaced before the donation. In no
case shall the infringing materials be returned to the defendant.
If the court finds no infringement, the seized material shall be
immediately returned to the defendant.
SEC. 18. Discharge of writ by the defendant or expected adverse

party. Without waiting for the return to be filed by the sheriff, the
defendant, expected adverse party or the party whose property has
been searched, inspected, copied or seized may file a motion with
the court which issued the writ for its discharge with prayer for the
return of the documents and articles seized.
ATENEO LAW 4A 2011

RULE 28
Blood Grouping Test in a Paternity Suit
A blood grouping test may be ordered and conducted under this Rule
on a child subject of a paternity suit. While the Rule speaks of an
examination of a party, such child is considered a party for purposes
thereof as the action is brought for its benefit. (Regalado, citing
Beach v. Beach)
modes of discovery are not directly related to the main issues of the
suit excused from the harsh sanction of dismissal. Mere order to
answer with warning is sufficient. (De la Torre v. Pepsi Cola, 100 SCAD
491)
Not covered by Physician-Client Privilege

Since the results of the examination are intended to be made public,
the same are not covered by the physician-client privilege.
Furthermore, such examination is not necessary to treat or cure the
patient but to assess the extent of injury or to evaluate his physical
or mental condition. (Regalado)
RULE 29
Dismissal of an action is discretionary
Section 5, Rule 29 of the Rules of Court warrants the dismissal of the
complaint when the plaintiff fails or refuses to answer the written
interrogatories. If plaintiff fails or refuses to answer the
interrogatories, it may be a good basis for the dismissal of his
complaint for not-suit unless he can justify such failure or refusal. It
should be noted that it is discretionary on the court to order the
dismissal of the action. (Santiago Land Development Company v. CA,
258 SCRA 535)
Sanctions imposed
Where a party willfully fails to appear or fails to serve answers to
interrogatories, the sanctions are:
1. Strike out all or any part of pleading of that party;
2. Dismiss the action;
3. Judgment by default; and
4. Payment of reasonable expenses including attorneys fees.
(Herrera)
Imposition of sanction rests on sound discretion
Failure in good faith to answer written interrogatories on ancillary
matters such as to determine whether or not plaintiffs are pauper
litigants which although may be inquired into through the proper
ATENEO LAW 4A 2011

Nature of Failure to Answer Interrogatories
GR: Apply only if a party refuses to answer the whole set of written
interrogatories, and not just a particular question.
EX: Where the party upon whom the written interrogatories is served,
refuses to answer a particular question despite an order compelling
him to answer the particular question, still refuses to obey the order.
(Riano, citing Zepeda v. China Banking Corp., GR 172175)
RULE 30
Postponements are discretionary
Postponements are addressed to the sound discretion of the court
and, in the absence of grave abuse of discretion, cannot be
controlled by mandamus. (Olsen v. Fressel & Co., 37 Phil. 121)
When
1.
2.
3.
4.
trial is unnecessary
Judgment on the Pleadings
Summary judgment
Compromise on Judgment
Dismissed with prejudice (Rule 7, Sec. 5; Rule 16, Sec. 5; Rule
17, Sec. 3)
5. Summary Procedure
6. Parties agree in writing and submit the case for judgment on
the facts agreed upon (Rule 30, Sec. 6)
Rule on Medical Certificates

GR: A mere medical certificate is generally insufficient. It must be
under oath or in the form of an affidavit.
EX: In the interest of justice (Sarmiento v. Juan, GR 55605)
Submission of the Case for a Decision
If the trial court allows oral argument or submission of memoranda,
the period shall be correspondingly extended after such proceedings
have been conducted or such memoranda submitted. (Regalado)
Admission of Additional Evidence
Additional evidence may be offered at the rebuttal stage if it was
newly discovered, or omitted through mistake or inadvertence, or
where the purpose is to correct evidence previously offered, subject
to the discretion of the court. (Regalado, citing Lopez v. Loboro, 81
Phil. 429)
Oral Stipulation of Facts

The parties may also stipulate verbally in open court. Such
stipulations are binding unless relief therefrom is permitted by the
court on good cause shown. (Ortua v. Rodriguez, 63 Phil. 809)
But counsel cannot stipulate on what their respective evidence
consists of and ask that judgment be rendered on the basis of such
stipulation. (Arzadon v. Arzadon, 15 Phil. 77)
RULE 31
When Consolidation of Cases is permitted
The rule on consolidation of cases generally applies only to cases
pending before the same judge, not to cases pending in different
branches of the same court or in different courts (PAL v. Teodoro, 97
Phil. 461), and also applies to special proceedings (Salazar v. CFI, 64
Phil. 785)
Generally the case which was appealed later and bearing the higher
docket number is consolidated with the case having the lower docket
number. (Regalado)
When Consolidation is Discretionary and Mandatory
GR: The consolidation of several cases involving the same parties
and subject matter is discretionary with the trial court.
EX: Consolidation becomes a matter of duty if two or more cases are
tried before the same judge or, if filed with different branches of the
CFI, one of such cases has not been partially tried. (Raymundo v.
Felipe, L-30887)
RULE 32
Hearing is Mandatory
The order of reference may direct the commissioner to perform
different acts in and for purposes of the proceedings but, whatever
may be the case, the requirement for him to hold a hearing cannot
be dispensed with as this is the essence of due process. (Aljems
Corp v. CA, GR 122216)
ATENEO LAW 4A 2011

Filing the Report and Notifying the Parties
GR: The failure to grant the parties, in due form, this opportunity to
object, may constitute a serious error in violation of their substantial
right.(effect of lack of notice)
EX: If the parties who appeared before the commissioner were duly
represented by counsel and given an opportunity to be heard.
(Manila Trading and Supply Co. v. Phil. Labor Union, 71 Phil. 539)
Extent of the Effect of the Commissioners Report Upon the
Court
The commissioners report is not binding upon the court which is free
to adopt, modify or reject, in whole or in part, the report. The court
may receive further evidence or recommit the report with
instructions. (Baltazar v. Limpin, 49 Phil. 39)
Basis of Judgment on the Pleadings

The judgment is based exclusively upon the allegations appearing in
the pleadings of the parties and the annexes thereto, if any, without
consideration of any evidence aliunde. (Regalado)
Court may render judgment on the pleadings motu proprio
If at the pre-trial, the court finds that a judgment on the pleadings is
proper, it may render such judgment motu proprio. (Regalado)
JUDGMENT ON THE
PLEADINGS
No
genuine
issue
between the parties
RULE 33
Definition of a Demurrer to Evidence
A demurrer to evidence is a motion to dismiss on the ground of
insufficiency of evidence and is presented after the plaintiff rests his
case. (Regalado)
A demurrer to evidence may be issued where, upon the facts and the
law, the plaintiff has shown no right to relief. (Heirs of Santioqui v.
Heirs of Calma, GR 160832)
Remedies on the grant or denial of the demurrer
Where the defendants motion is sustained and the case is dismissed,
such order would be an adjudication on the merits. Where the
demurrer is denied, the denial order is interlocutory in nature. Such
denial is not controllable by certiorari unless GAD or oppressive
exercise of judicial authority.(Nepomuceno v. COMELEC,GR 60601)
Denial of Demurrer to Evidence
Where a court denies a demurrer to evidence, it should set the date
for the reception of the defendants evidence in chief. It should not
proceed to grant the relief demanded by the plaintiff. (Northwest
Airlines Inc. v. CA, 284 SCRA 408)
RULE 34
Based
exclusively
upon the pleadings
without introduction
of evidence
Available
in
any
action, except (1)
declaration of nullity
or
annulment
of
marriage and legal
separation;
(2)
unliquidated
damages;
(3)
admission
of
the
truth allegations of
adverse party
SUMMARY
JUDGMENT
Resorted
to
only
where are (1) no
questions of fact in
issue, or (2) material
allegations of the
pleadings are not
disputed, or (3) the
defense
interposed
by the defendant is
not a valid defense.
Based
on
the
pleadings and the
affidavits, depositions
and admissions of
the parties showing
that, except as to the
amount of damages,
there is no genuine
issue
Only in actions to
recover a debt, or for
a liquidated sum of
money,
or
for
declaratory relief
JUDGMENTS BY
DEFAULT
Genuine issues of
fact and/or law are
normally
involved;
Defendant filed no
answer
Evidence must be
introduced on the
material allegations,
albeit
ex
parte,
except
in
cases
covered by the rule
on
summary
procedure
All cases except for
annulment
or
declaration of nullity
of marriage or legal
separation
ATENEO LAW 4A 2011

Subject only to the 3day notice rule and
where
all
the
material averments
of the complaint are
admitted,
such
motion may even be
made ex parte
Entire case may be

terminated
Requires prior 10-day

notice
May only be partial
May be filed ex
parte , except under
the rule on summary
procedure
wherein
upon
failure
of
defendant to answer,
the
court,
motu
proprio
or
on
plaintiffs
motion,
shall
render
the
corresponding
judgment
matters need not be submitted. (Motor Service Co. v. Yellow Taxicab

Co., 96 Phil. 688)
When Judgment May Granted as a Matter of Right
Where all the facts are within the judicial knowledge of the court,
summary judgment may be granted as a matter of right. (Regalado,
citing Miranda v. Malate Garage & Taxicab, 99 Phil. 670)
Nature of Partial Summary Judgment
A partial summary judgment is interlocutory in nature and is not a
final and appealable judgment. The appeal from the partial and
appealable judgment should be taken together with the judgment in
the entire case after the trial shall have been conducted on the
material facts on which a substantial controversy exists. (Guevarra v.
CA, L-49017)
RULE 35
Definition of Genuine Issue
A genuine issue means an issue of fact which calls for the
presentation of evidence. (Manufacturers Hanover Trust Co. v.
Guerrero, GR 136804)
Absence of Notice of Hearing
The absence of a written notice did not divest the trial court of
authority to pass on the merits of the motion made in open court.
The order of the court granting the motion for summary judgment
and its execution thereof despite the absence of a notice of hearing,
or proof of service thereof, is merely an irregularity in the
proceedings. (Monterey Foods Corp. v. Eserjose, GR 152126)
Test to be applied for the grant of the judgment
The test for the propriety of a motion for summary judgment is
whether the pleadings, affidavits and exhibits in support of the
motion are sufficient to overcome the opposing papers and to justify
the finding that, as a matter of law, there is no defense to the action
or the claim is clearly meritorious. (Estrada v. Consolacion, L-40948)
When Affidavits Need Not be Submitted
Where the motion for summary judgment is duly verified and is
based on facts admitted by the adverse party, affidavits on such
ATENEO LAW 4A 2011

Summary Judgment and Counterclaims
A summary judgment may be rendered if the counterclaim is for a
sum of money larger than that demanded in the complaint provided
the counterclaim is valid. (Sugay v. IAC, 198 SCRA 349)
If the counterclaim is a sham, then summary judgment may not be
rendered. (Albano)
Summary Judgment and Counter-Affidavits
GR: Summary judgment should be rendered if failed to file counteraffidavits.
EX: If there is factual issues. (Consunji v. Jamandre, 64 SCRA 1)
When Summary Judgment is Proper
Summary judgment is proper when there is failure to deny under
oath the genuineness and due execution of notes attached to the
complaint as this is deemed to be an admission of the existence and
validity of the liability of the defendant.
However, there can be no summary judgment if a statement of
account is not denied. (Kalilid Wood Industries v. IAC, GR 75502)
Burden of Proof
A party who moves for summary judgment has the burden of
demonstrating clearly the absence of any genuine issue of fact, and
any doubt as to the existence of such an issue is resolved against the
movant. (Dino v. Valencia, L-43886)
RULE 36
Conflict between the Dispositive Portion and the Body
GR: Where there is a conflict between the dispositive portion of the
decision and the body thereof, the dispositive portion controls
irrespective of what appears in the body of the decision.
EX:
1. Where the inevitable conclusion from the findings of fact and
in the opinion is so indubitable and clear as to show that there
was a mistake in the dispositive portion. (Aguirre v. Aguirre, L33080)
2. Where explicit discussion and settlement of the issue is found
in the body of the decision. (Millare v. Millare, 106 Phil. 293)
ATENEO LAW 4A 2011

Definition of Judgment
It is the final consideration and determination by a court of the rights
of the parties as those rights which presently exist, upon matters
submitted in an action or proceeding. (Gotamco v. Chan Seng, 46
Phil. 542)
Definition of Rendition of Judgment
It is the filing of the signed decision with the clerk of court and not its
pronouncement in open court, that constitutes rendition of judgment.
(Ago v. CA, 6 SCRA 530) If the decision is sent by the judge by
registered mail, it is considered filed in court as of the date of its
receipt by the clerk, and not the date of its posting or mailing.
Definition of Promulgation of the Decision
It is the process by which a decision is published, officially
announced, made known to the public or delivered to the Clerk of
Court for filing, coupled with notice to the parties or their counsel.
(Neria v. Com. Of Immigration, 23 SCRA 812)
Definition of Interlocutory Order
It refers to something intervening between the commencement and
the end of a suit which decides some point or matter, but is not a
final decision of the whole controversy. An interlocutory does not
terminate nor does it finally dispose of the case; it does not end the
task of the court in adjudicating the parties contentions and
determining their rights and liabilities as against each other but
leaves something yet to be done by the court before the case is
finally decided on the merits. (Albano)
Definition of Final Order
An order is deemed final when it finally disposes of the pending
action so that nothing ore can be done with it in the lower court.
(Albano)
Special Forms of Judgment
1. Judgment by default
2. Judgment on the pleadings
3. Summary judgment
4. Several judgment (Sec. 4, Rule 36)
5. Separate judgment (Sec. 5, Rule 36)
6. Judgment for specific acts (Sec. 10, Rule 39)
7. Special judgment (Sec. 11, Rule 39)

8. Judgment upon confession
9. Judgment upon compromise, or on consent/agreement
10. Clarificatory judgment
11. Judgment nunc pro tunc
(7) and (8) immediately executory. (Samonte v. Samonte, L-40683),
unless otherwise provided in the judgment, as may be prayed for or
agreed upon by the parties.
Definition of a Several Judgment
A several judgment is proper where the liability of each party is
clearly separable and distinct from that of his co-parties such that the
claims against each of them could have been the subject of separate
suits, and judgment for or against one of them will not necessarily
affect the others. (Regalado)
GR: If the obligation is solidary and their defenses are common, the
interest are not separate; hence, several judgment is not allowed.
EX: Where one solidary debtor has a defense which is personal to
him. (Albano)
Definition of Separate Judgment
This kind of judgment presupposes that there are several claims for
relief presented in a single action. (Riano)
Definition of Judgment Upon a Confession (Cognovit
actionem)
This is judgment rendered by the court when a party expressly
agrees to the other partys claim or acknowledges the validity of the
claim against him. (Riano)
Definition of a Judgment upon a Compromise
This is a judgment rendered by the court on the basis of a
compromise agreement entered into between the parties to the
action. (Riano)
Appeal from a Judgment on Compromise
To be entitled to appeal from a judgment on compromise, a party
must not only move to set aside the judgment but must also move to
set aside or annul the compromise agreement itself. (Regalado)
ATENEO LAW 4A 2011

A judgment rendered pursuant to a compromise is not appealable
(Montejo v. Urotia, L-27187), and has the effect of res judicata from
the moment it is rendered.
Where a judgment based on a compromise is sought to be enforced
against a person who was not a party thereto, he may file an original
petition for certiorari to quash the writ of execution. (Jacinto v.
Montesa, L-23098)
Definition of Clarificatory Judgment
Where the judgment is ambiguous and difficult to comply with, the
remedy is to file a motion for a so-called clarificatory judgment.
(Almendras v. Del Rosario, L-20158)
Definition of Judgment Nunc Pro Tunc
A judgment nunc pro tunc is rendered to enter or record such
judgment as had been formerly rendered but has not been entered
as thus rendered. Its only function is to record some act of the court
which was done at a former time, but which was not then recorded,
in order to make the record speak the truth, without any changes in
substance or in any material respect. (Lichauco v. Tan Pho, 51 Phil.
682)
Definition of Conditional Judgment
It is one the effectivity of which depends upon the occurrence or the
non-occurrence of an event. Such a judgment is generally void
because of the absence of a disposition. (Cu Unjieng v. Mabalacat
Sugar Co., 70 Phil. 384)
Definition of a Sin Perjuicio Judgment
It is one that makes reservation in favor of some parties as to the
right to do something in a separate and further proceedings. It is not
a binding one. (Gatus v. CA, 95 SCRA 531)
Definition of an Incomplete Judgment
It is one that does not dispose of all the issues of a case validly
raised. It is not final until it is completed. (Albano)
Void Judgments
GR: If a decision is void, it has no legal effect at all.
EX: Doctrine of operative facts. (Tan v. Barrios, 190 SCRA 386)
Definition of Judgment on the Merits

A judgment is on the merits when it amounts to a legal declaration
of the respective rights and duties of the parties, based upon the
disclosed facts. There could be a judgment on the merits even if
there is no trial. (Riano)
Definition of Erroneous Judgment
A judgment contrary to the express provisions of law is erroneous but
it is not void. Once it becomes final and executor, it is binding and
effective as any judgment and, though erroneous, will be enforced as
a valid judgment in accordance with its dispositions. (Mercado v. CA,
L-44001)
Difference between Amended Judgment and Supplemental
Judgment
In an amended and clarified judgment, the court makes a thorough
study of the original judgment and renders the amended and clarified
judgment only after considering all the factual and legal issues. Such
amended and clarified decision is an entirely new decision which
supersedes the original decision.
A supplemental decision does not take the place of or extinguish the
original; it only serves to bolster or add something to the primary
decision. (Esquivel v. Alegre, GR 79425)
Definition of Obiter Dictum
It is an opinion expressed by a court upon some question of law
which are not necessary to the decision of a case before it. (Hian v.
CTA, 59 SCRA 110)
Doctrine of the Law of the Case
Whatever is once irrevocably established as the controlling legal rule
or decision between the same parties in the case continues to be the
law of the case, whether correct on general principles or not, so long
as the facts on which such decision was predicated continue to be
the facts of the case before the court. (Riano)
Rule of Stare Decisis
When the SC has laid down a principle of law applicable to a certain
state of facts, it will adhere to that principle and apply it to all future
cases where the facts are substantially the same. (Riano)
ATENEO LAW 4A 2011
Minute Resolution allowed

The SC has the discretion to decide whether a minute resolution
should be used in lieu of a full-blown decision in any particular case
and that minute resolution of dismissal of a petition for review on
certiorari constitutes an adjudication on the merits of the controversy
or subject matter of the petition. (Smith Bell & Co. v. CA, GR 56294)
Nature of Memorandum Decisions
A memorandum decision should actually embody the factual findings
and legal conclusions in an annex attached to and made an integral
part of the decision. Also, such decisions should be sparingly used
and may be resorted to only in cases where the facts are accepted in
the main by the parties, are easily determinable by the judge, and do
not involve doctrinal complications requiring extended discussion.
(Yao v. CA, GR 132428)
Judgment in a Naturalization Case
It becomes final only after the issuance of the naturalization
certificate and compliance by the applicant with RA 530, but it does
not really become executor and a certificate of naturalization may be
cancelled on grounds subsequent to the granting thereof. (Regalado,
citing Ao Sun v. Republic and Republic v. Guy)
Definition of Mittimus
It is the final process for carrying into effect the decision of the
appellate court and the transmittal to the court a quo. It is predicated
upon the finality of the judgment. (De Guzman v. Reyes, 114 SCRA
596)
Transferred Judge Can Still Render Decision
A judge permanently transferred to another court of equal jurisdiction
can render a decision on a case in his former court which was totally
heard by him and submitted for a decision, with the parties having
argued the case. (Valentin v. Sta. Maria, L-30158)
Judgment penned by a judge who had ceased to be a judge
A decision penned by a judge after his retirement cannot be validly
promulgated and cannot acquire a binding effect. In like manner, a
decision penned by a judge during incumbency cannot be validly
promulgated after his retirement. (Nazareno v. CA, 378 SCRA 28)
Modification of Judgments
GR: Before the lapse of the period to appeal, the judge can change
the judgment, or even make a new one. A decision that has acquired
finality becomes immutable and unalterable. (Doctrine of
Conclusiveness or Immutability of Judgments)
EX:
1. Correction of clerical errors
2. Nunc pro tunc entries which cause no prejudice to any party
3. Void judgments
4. Whenever circumstances transpire after the finality of the
decision making its execution unjust and inequitable.
(Regalado)
RULE 37
NOTICE OF APPEAL
Taken by filing a notice of appeal
Perfected upon the expiration of
the last day to appeal by any
party
RECORD ON APPEAL
Taken by filing the notice of
appeal and the record on appeal
Perfected upon the approval of
the record on appeal
Definition of the Berry Rule

It is incumbent on a party who asks for a new trial, on the ground of
newly discovered evidence, to satisfy the court:
1. Evidence has come to his knowledge since the trial;
2. It was not owing to the want of due diligence that it did not
come sooner;
3. It is material that it would produce a different verdict, if the
new trial were granted;
4. It is not cumulative only;
5. The affidavit of the witness himself should be produced, or its
absence accounted for; and
6. A new trial will not be granted, if the only object of the
testimony is to impeach the character or credit of a witness.
(Dinglasan, Jr. v. CA, GR 145420, citing Berry v. State of
Georgia)
Definition of a Pro Forma Motion
ATENEO LAW 4A 2011

It is one which does not satisfy the requirements of the rules and one
which will be treated as a motion intended to delay the proceedings.
(Marikina Development Corporation v. Flojo, 251 SCRA 87)
Nature of a Pro Forma Motion for New Trial
If a motion for new trial does not satisfy the requirements of this rule,
it is pro forma and does not suspend the period to appeal. (Regalado,
citing Francisco v. Caluag)
o It is based on the same ground as that raised in a preceding
motion for new trial or reconsideration which has already been
denied.
o It contains the same arguments and manner of discussion
appearing in the prior opposition to the motion to dismiss and
which motion was granted.
o The new ground alleged in the second motion for new trial
already existed, was available and could have been alleged in
the first motion for new trial which was denied.
o It is based on the ground of insufficiency of evidence or that
the judgment is contrary to law but does not specify the
supposed defects in the judgment.
o It is based on the ground of fraud, accident, mistake or
excusable negligence but does not specify the facts
constituting these grounds and/or is not accompanied by an
affidavit of merits.
EX: Motion invokes the further ground that its decision awards
excessive damages, with a certification of the courts findings
and conclusions
Definition of Pro Forma Motion for Reconsideration
Where a motion for reconsideration is but a reiteration of reasons and
arguments previously set forth in the movants memorandum and
which the trial court had already considered, weighed and resolved
adversely before it rendered its decision now sought to be
considered, that motion is pro forma.(Dacanay v. Alvendia, L-22633)
Where the circumstances of a case do not show an intent on the part
of the pleader to delay the proceedings, and his motion reveals a
bona fide effort to present additional matters or to reiterate his
arguments in a different light, the courts should be slow to declare
the same outright as pro forma. (Guerra Enterprises v. CFI, L-28310)
Applicability of Pro Forma Motion for Reconsideration

It is properly directed against a final judgment or order, and not
those against an interlocutory order. (BA Finance v. Pineda, GR
61628)
Same rule applies for second MRs. (Phil Green Trading Construction
Co. v. CA)
When MR and MNT Same Grounds
A MR, if based on the same grounds as that for a new trial, is
considered a MNT and has the same effect. (Rodriguez v. Rovira, 63
Phil. 476) However, where the MNT is based on the last par. of Sec. 1,
it is properly a MR. (City of Cebu v. Mendoza, L-26321)
Nature of a Motion for Reopening the Trial
A motion to reopen may properly be presented only after either or
both parties have formally offered and closed their evidence before
judgment. It is controlled by no other rule than the paramount
interest of justice, resting entirely on the sound discretion of a trial
court. (Regalado, citing Alegre v. Reyes and Agulto v. CA)
Contents of an Affidavit of Merits
1. Nature or character of the fraud, accident, mistake or excusable
negligence on which the motion for new trial is based;
2. Facts constituting the movants good and substantial defenses or
valid causes of action; and
3. Evidence which he intends to present if his motion is granted.
(Regalado)
When Affidavits of Merits may be Dispensed with
Affidavits of merits may be dispensed with when the judgment is null
and void.
o No jurisdiction over the defendant or the subject matter
o Procedurally defective
o Defendant was unreasonably deprived of his day in court
o Not required in MR
When Second MNT may be allowed
A second MNT may be entertained where the ground therefor was not
available or existing at the time when the first motion was filed.
(Regalado)
ATENEO LAW 4A 2011
When Second MR may be allowed

GR: Second MR is not allowed.
EX:
1. For extraordinarily persuasive reasons and only upon express
leave first obtained (Ortigas and Company Limited Partnership
v. Velasco)
2. Meritorious on its face
3. Substantial justice
Single Motion Rule
A party shall not be allowed to file a second MR of a judgment or a
final order.
Nature of a Second MR
The concept of a second MR is one which seeks a further
reconsideration of an order or resolution which denied the first MR.
(Gonzales v. Sandiganbayan)
Compatibility of Appeal and Certiroari
Where defendants MNT was denied by the trial court, it has been
held that he can perfect an appeal from the judgment and also
proceed on certiorari to set aside the order denying his MNT. There is
no incompatability between the two remedies as one is directed
against the judgment and other, against the order denying the new
trial. (Banco Filipinas Savings & Mortgage Bank v. Campos, L-39905)
Effect of the Absence of Notice of Hearing
Notice is mandatory. It cannot be cured by a belated filing of a notice
of hearing. (People v. CA, 296 SCRA 418)
RULE 38
Court which may grant the petition
Petition for relief from judgment can only be filed in the MTC or RTC
despite the wording in the law that it can be filed in "any
court." (Redena v. CA, 514 SCRA 389)
Applicability of the petition in other cases
It is applicable to all kinds of special proceedings, such as land

registration, intestate settlement, and guardianship proceedings.
(Regalado)
When petition for relief is available
A petition for relief is an equitable remedy and is allowed only in
exceptional cases from final judgments or orders where no other
remedy is available. (Palmares v. Jimenez, 90 Phil. 773)
It does not apply to an interlocutory order. (Balite v. Cabangon, L24105)
Periods for filing
The two periods for filing of a petition for relief are not extendible and
never interrupted. (Quijano v. Tameta, L-16473).
These periods cannot be subject to a condition or a contingency.
(Vda. de Salvatierra v. Garlitos). Both periods must be complied with.
(Regalado)
60-day period
The 60-day period is reckoned from the time the party acquired
knowledge of the order, judgment or proceedings and not from the
date he actually read the same. (Perez v. Araneta, 103 Phil. 1141)
6-month period
The 6-month period is computed from the date of the entry of the
order or judgment. (Date of the finality of judgment or final order is
deemed to be the date of its entry).
Date of Entry of Judgment
A judgment is entered on the date it becomes final and executory.
Normally, it is 15 days from the time the parties received the notice
of the written judgment where no appeal has been made or
perfected. (Albano)
Who may avail
The petition is available only to parties in a proceeding where the
assailed judgment is rendered. A person who was never a party to
the case, or even summoned to appear therein, cannot avail of a
petition for relief from judgment. (Alaban v. CA, 470 SCRA 697)
ATENEO LAW 4A 2011

Order of default, not applicable
Failure to file an answer to the petition for relief does not constitute
default as, even without an answer, the court will still have to hear
the petition and determine its merits. (Regalado)
Nature of Petition for Relief

An order granting a petition for relief from judgment is interlocutory
and non-appelable.
Mistake as a Ground
Mistake must be some unintentional act, omission or error arising
from ignorance, surprise, imposition or misplaced confidence. It is the
result of ignorance of law of fact that has misled a person to commit
that which, if he had not been in error, he could have done it.
(Albano, citing Blacks Law Dictionary)
Accident as a Ground
Accident is when the party seeking it had exercised ordinary
diligence to ascertain the facts which it is claimed to have surprised
or prevented said party from presenting his case. (Albano, citing
Sunico v. Villapando, 14 Phil. 352)
Negligence of a Lawyer
GR: Clients are bound by the mistakes or omissions of their counsel.
EX: When the mistake of counsel is so palpable that it amounts to
gross negligence.
EX to EX: Petitioners have squandered the various opportunities
available to them at the different stages of the case.
RULE 39
Meaning of Execution
It is the remedy afforded for the satisfaction of a judgment. (Cagayan
de Oro Coliseum v. CA, 310 SCRA 731)
Definition of Final Order
For purposes of binding effect or whether it can be subject of
execution, an order is final or executor after the lapse of the
reglementary period to appeal and no appeal has been perfected.
(Regalado)
Execution as a Matter of Right
Sec. 1 is the rule on when judgments or orders may be executed as a
matter of right, that is, it becomes the mandatory or ministerial duty
of the court to issue a writ of execution to enforce the judgment. This
happens when the judgment becomes executory. (Regalado, citing
Far Eastern Surety & Insurance Co. v. Vda. de Hernandez, L-30359)
ATENEO LAW 4A 2011
An ex parte motion for the issuance of the writ would suffice since
the trial court may take judicial notice of the record of the case to
determine the propriety of the issuance thereof. (Regalado)
Under Sec. 8, the writ of execution must of necessity be issued by
the court where the judgment or order was entered, that is, the court
of origin. (Regalado)
Execution is Discretionary
Under Sec. 2, execution may issue in the discretion of the court even
the lapse of the period to appeal, that is, even before the judgment
or order has become executory. (Regalado)
Court of Appeals has no authority to issue immediate execution
pending appeal of its own decisions therein. Once final and executor,
the judgment on appeal must be remanded to the lower court, where
a motion for execution may be filed only after its entry. (Heirs of
Reyes v. CA, GR 135280-81)
Requisites for Discretionary Execution
1. Motion filed by the prevailing party with notice to the adverse
party;
2. Hearing of the motion;
3. Good reasons to justify the discretionary execution; and
4. Good reasons must be stated in a special order. (Riano)
Exception to Execution
GR: Where the judgment or order has become executory, the court
cannot refuse to issue a writ of execution.
EX:
1. When subsequent facts and circumstances transpire which
render such execution unjust or impossible;
Ex. Defendant bank was placed under receivership
2. Equitable grounds, as when there has been a change in the
situation of the parties which makes execution equitable;
3. Where the judgment has been novated by the parties;
4. When a petition for relief or an action to enjoin the judgment
isfiled and a preliminary injunction is prayed for and granted;
5. When the judgment has become dormant;
6. Where the judgment turns out to be incomplete, or is
conditional. (Regalado)
When Execution Will Be Denied

1. Judgment has already been executed by the voluntary
compliance thereof by the parties;
2. Judgment has been novated by the parties;
3. Petition for relief is filed and a preliminary injunction is
granted;
4. Judgment sought to be executed is conditional;
5. Judgment sought to be executed is incomplete;
6. Facts and circumstances transpire which wound render
execution inequitable or unjust;
7. Execution is sought more than 5 years from its entry without
judgment having been revived;
8. Execution is sought against property exempt from execution;
9. Refusal to execute the judgment has become imperative in
the higher interest of justice. (Riano)
When
1.
2.
3.
4.
5.
6.
Quashal of Writ is Proper

Improvidently issued;
Defective in substance;
Issued against the wrong party;
Judgment has already satisfied;
Issued without authority;
Change in the situation of the parties renders execution
inequitable;
7. Controversy was never validly submitted to the court;
8. Writ varies the terms of the judgment;
9. Where it is sought to be enforced against property exempt
from execution;
10. Ambiguity in the terms of the judgment. (Regalado)
When Writ is a Nullity

Where there is substantial variance between the judgment and the
writ of execution issued to enforce the same, said writ is a nullity.
(Malacora v. CA, GR 51042)
Appeal not Allowed
No appeal may be taken from an order of execution. (Reliance Surety
and Insurance Co. Inc. v. Amante, Jr., 462 SCRA 399)
Remedies Against an Executory Judgment/Order
1. Petition for Relief
ATENEO LAW 4A 2011

2. Direct attack
Made through (1) an action or proceeding the main object
of which is to annul, set aside, or enjoin the enforcement
of such judgment, if not yet carried into effect; (2) if the
property has been disposed of, the aggrieved party may
sue for its recovery. (Banco Espanol-Filipino v. Palanca, 37
Phil. 921)
Grounds:
1) Lack of jurisdiction
2) Fraud
3) Contrary to Law
3. Collateral Attack
Made when, in another action to obtain a different relief,
an attack on the judgment is made as an incident in said
action.
Ground: Patent lack of jurisdiction of the court
4. Annulment of Judgment
The fraud must be extrinsic and committed by the adverse
party.
Any person adversely affected thereby can enjoin its
enforcement and have it declared a nullity on the ground
of extrinsic fraud and collusion used in obtaining such
judgment. (Militante v. Edrosolano, L-27940)
Jurisdiction: (BP 129)
1) CA Exclusive original jurisdiction to annul the
judgment of RTC
2) RTC Jurisdiction to annul judgments of inferior courts
in the region
Definition of Supersedeas
It is an auxiliary process designed to superseddde enforcement of a
trial courts judgment brought up for review, and its application is
limited to the judgment from which an appeal is taken. (Regalado,
citing Mascot Pictures Corp. v. MC of LA)
The term is used synonymously with a stay of proceedings, and
designates the effect of an act or proceeding which in itself
suspended the enforcement of a judgment. (Regalado, citing Dulin v.
Coal Co.)
Execution and Injunction
GR: Appeal does not stay the execution of a judgment decreeing

dissolution of a preliminary injunction.
EX: Judgment in an action for prohibition. (Regalado)
Execution of Judgment May Be Enjoined
1. Petition for relief from judgment with prayer for an injunction
or TRO;
2. Annulment of judgment;
3. Novation of judgment. (Albano)
Execution Upon Good Reasons
Even before judgment has become executor and before appeal was
perfected, the court, in its discretion, may order execution upon good
reasons to be stated in a special order, such as:
1. Where the lapse of time would make the ultimate judgment
ineffective, as where the debtors were withdrawing their
business and assets from the country;
2. Where appeal is clearly dilatory;
3. Where judgment is for support and the beneficiary is in need
thereof;
4. Where the articles subject of the case would deteriorate;
5. Where defendants are exhausting their income and have no
other property aside from the proceeds from the subdivision
lots subject of the action;
6. Where the judgment debtor is in imminent danger of
insolvency, or is actually insolvent;
Not apply where, assuming that one of the judgment
debtors is insolvent, the other judgment co-debtor is not
and, under the terms of the judgment, the liability of the
latter is either subsidiary to or solidary with the former.
(PNB v. Puno, GR 76018)
7. Where the prevailing party is of advanced age and in a
precarious state of health, and the obligation in the judgment
is non-transmissible;
8. Where there is uncontradicted evidence showing that, in order
to house machineries which they were forced to place on a
public street, movants were in extreme need of the premises
subject of the suit and the possession whereof was adjudged
to them in the trial courts decision, and the corresponding
bond to answer for damages in case of reversal on appeal had
been posted by them;
ATENEO LAW 4A 2011

9. Where the case involved escrow deposits and the prevailing
party posts sufficient bond to answer for damages in case of
reversal of the judgment.
Mere filing of a bond is not a good reason for the execution
of a money judgment pending appeal. (Belfast Surety &
Insurance Co. v. Solidum). The factual context in which
such orders were allowed must also be taken into
consideration. (Roxas v. CA, GR 56960)
10. Preventing irreparable injury to the consumers of an electric
cooperative;
11. Goods subject of the judgment will perish or deteriorate
during the pendency of the appeal;
12. Failure in an unlawful detainer case to make the required
periodic deposits to cover the amount of rentals due under
the contract or for payment of the reasonable value of the use
and occupation of the premises, or the failure to post a
supersedeas bond.
Certiorari lies against an order granting execution pending appeal
where the same is not founded upon good reasons. (Jaca v. Davao
Lumber Co., L-25771)
Suspension of Writ as a Matter of Right
Filing of supersedeas bond does not entitle the judgment debtor to
the suspension of execution as a matter of right. (Regalado)
When to File Motion for Execution
As long as such motion is filed before the appeal is perfected, the
writ may issue after the period for appeal. (Universal Far East Corp. v.
CA, GR 64931)
Order for Execution and Counterbonds
An order for execution of a judgment pending appeal can be enforced
on a counterbond which was posted to lift the writ of preliminary
attachment issued by the trial court. (Phil. British Association Co. v.
IAC, GR 72005)
Effect of Reversal of Executed Judgment
1. In the property is still in the possession of the judgment
creditor
Return the property plus compensation to judgment
debtor
Effected by motion to the trial court

2. If restitution is not possible
Purchaser at the public action was the judgment creditor
= Pay full value of the property at the time of its seizure,
plus interest
Purchaser at the public action was a third person
= Judgment creditor must pay the judgment debtor the
amount realized from the sale of said property at the
sheriffs sale, with interest
Judgment award was reduced on appeal
= Judgment creditor return to judgment debtor only the
excess which he received over and above that to which he
is entitled under the final judgment, with interest on such
excess. (Po Pauco v. Tan Juco, 49 Phil. 349)
Modes of Execution of a Judgment
1. Execution by motion if the enforcement of the judgment is
sought within 5 years from the date of its entry; and
2. Execution by independent action if the 5-year period has
elapsed and before it is barred by the statute of limitations.
(Riano)
5-year Period and Date of Entry (Sec. 6)
The 5-year period is to be counted not from the date the judgment
became final in the sense that no appeal could be taken therefrom
but when it became executor in the sense that it could already be
enforced. (Tan Ching Ji v. Mapalo, L-21933)
However, if it is a judgment based on a compromise which is
immediately final and executor, prescription runs from the date of its
rendition and not from the date of entry. (Jacinto v. IAC, GR 66478)
If a writ of execution was issued and levy made on the property
within the 5-year period, the sale of the property thereafter will be
valid provided it is made within the 10-year period. (Regalado)
Failure to object to a writ of execution issued after 5 years from
judgment does not validate the writ. (Regalado)
When 5-year Period May Be Extended
1. Financial difficulties of the debtor;
ATENEO LAW 4A 2011

2. Suspended by agreement of the parties, especially if it was
with court approval;
3. Repealed refusal or failure of the sheriff to enforce the same;
4. Suspended by order of the court;
5. Interrupted by the filing of a motion for examination of the
judgment debtor and an action for mandamus by the
judgment creditor;
6. Due to the acts of the judgment debtor;
7. Judgment creditors had complied with virtually all the
requirements, and delay was imputable to the government
agencies involved. (Regalado)
When 5-year period Is Interrupted
1. Causes clearly attributable to the judgment debtor as when
he employs legal maneuvers to block the enforcement of the
judgment;
2. Agreement of the parties. (Riano)
Action for Revival of Judgment
After 5 years and within 10 years from entry of the judgment, such
judgment becomes a mere right of action and if unsatisfied, the
prevailing party can file an action for revival of judgment. (Regalado)
The 10-year period for revival of judgment is counted from the date
of its finality. (PNB v. Deloso, L-28301)
If an amendatory or calrificatory judgment was rendered, it is from
the date of the entry thereof that the 10-year period is reckoned.
(Sta. Romana v. Lacson, L-27754)
The 10-year period is to be reckoned from the finality of the original
judgment; hence, if within that period a judgment reviving the
original judgment was obtained but again remained unsatisfied, a
second revival action beyond the prescriptive 10-year period is not
allowed. (PNB v. Deloso)
An action to revive a judgment is a personal one and not quasi in
rem. (Regalado)
Instances where Sec. 6 does not apply
1. Judgments for support
EX: Support in arrears beyond 10 years from the date they

become due
2. Contempt orders by reason of unauthorized reentry on the
land by the ejected defendant
3. Writs of possession in foreclosure cases within the statute of
limitations
4. Special proceedings like land registration cases (Regalado)
Judgments Which May be Revived
Sec. 6 makes no distinction as to the kind of judgment which may be
revived by ordinary independent action.
Jurisdiction to Change Judgment versus Jurisdiction to
Enforce Judgment
JURISDICTION TO CHANGE
JURISDICTION TO ENFORCE
JUDGMENT
JUDGMENT
Terminates
when
the Continues
even
after
the
judgment becomes final
judgment has become final
Rules 39, Section 1
Rule 39, Section 6
Stay of Execution
GR: An appeal perfected in due time stays the execution of judgment.
EX:
1. Judgments which by express provision of the rules are
immediately executory and are not stayed on appeal; and
2. Judgments that have become the object of discretionary
execution.
Immediately Executory Judgments
There must be a motion to that effect and a hearing called for that
purpose. (Lou v. Siapno, 335 SCRA 181)
Substantial errors in a judgment which could not be amended
after the judgment has already become final and executory
1. Error in the time fixed by a judgment for the payment of a
certain sum of money;
2. Error in the judgment ordering the payment of interest;
3. Error in the judgment declaring the liability of the defendants
to be joinedt instead of in solidum;
4. Error in the judgment ordering petitioner a different piece of
land;
5. Error in including the moratorium clause in the judgment;
ATENEO LAW 4A 2011

6. Error in declaring the plaintiff merely as the owner of the land,
and failing to eject the defendant as well;
7. Error in the judgment ordering the defendant to pay only
P11,717.48 instead of the correct amount of P14,030;
8. Error in the judgment fixing the rate to be charged by a public
service;
9. Error in failing to make an award of back wages which should
have been made after the court found the employer guilt of
unfair labor practice. (Albano)
When Judgment Obligor Dies
If he dies after the entry of judgment but before levy on his property,
execution will issue if it be for the recovery of real or personal
property. If the judgment is for a sum of money, such judgment
cannot be enforced by writ of execution but must be filed as a claim
against his estate. (Paredes v. Moya, L-38051)
If he dies after levy has been made, the execution sale may proceed.
It is the actial date of levy on execution which is the cutoff date.
(Evangelista v. La Proveedora, L-32834)
Void Writs of Execution
A writ of execution must conform with the judgment and if it is
different from or exceeds the terms of the judgment, it is a nullity.
(Villoria v. Piccio, 95 Phil. 802)
A writ of execution is void when issued for a greater sum than is
warranted by the judgment despite partial payment thereof. The
exact amount due cannot be left to the determination of the sheriff.
(Windor Steel Mfg. v. CA, L-34332)
Subject of Execution
GR: The portion of the decision that becomes subject of execution is
that ordained or decreed in the dispositive part thereof.
EX:
1. Where there is ambiguity or uncertainty, the body of the
opinion may be referred to for purposes of construing the
judgment;
2. Where extensive and explicit discussion and settlement of the
issue is found in the body of the decision. (Regalado)
1. Land registration proceedings

2. Extrajudicial foreclosure of real estate mortgage
3. Judicial foreclosure of real estate mortgage, provided the
mortgagor is in possession of the mortgaged property and no
third person, not a party to the foreclosure suit, had
intervened
4. Execution sales. (Mabale v. Apalisok, L-46942)
Remedy for Issuance of Writ of Execution
Appeal is the remedy from an order denying the issuance of a writ of
execution. (Socorro v. Ortiz) However, an order granting the issuance
of a writ of execution is not appealable, except where (1) order varies
the terms of the judgment; (2) being vague, the court renders what is
believed to be a wrong interpretation of judgment.
When Appeal is not Permitted
A party who has voluntarily executed a judgment, or who voluntarily
acquiesces in or ratifies, the execution of such judgment, is not
permitted to appeal it. (PVTA v. De los Angeles, L-30085)
Remedy When a Party Refuses to Yield Possession of a
Property Ordered by a Writ of Execution
Contempt is not the remedy. The sheriff must oust said party from
the property but if demolition is involved, there must be a hearing on
motion and due notice for the issuance of a special order. (Regalado)
A writ of execution directing the sheriff to cause the defendant to
vacate is in the nature of a habere facias possessionem and
authorizes the sheriff, without the need of securing a break open
order, to break open the premises where there is no occupant
therein. (Arcadio v. Ylagan, AC 2734)
Definition of Special Judgment under Sec. 12
It is one which requires the performance of any act, other than the
payment of money or the sale or delivery of real or personal
property, which a party must personally do because his personal
qualifications and circumstances have been taken into consideration.
Refusal to comply is punishable by contempt. (Chinese Commercial
Property CO. v. Martinez, L-18565)
Definition of Judgment for Specific Acts under Sec. 10
Instances When Writ of Possession May be Issued

ATENEO LAW 4A 2011

It directs a party to execute conveyance of land, or to deliver deeds
or other documents, or to perform any other specific acts in
connection therewith but which acts can be performed by persons
other than said party. The disobedient party incurs no liability for
contempt. (Regalado)
Definition of Levy
It means the act/s by which an officer sets apart or appropriates a
part or the whole of the property of the judgment debtor for purposes
of the prospective execution sale. (Regalado)
Without a valid levy having been made, any sale of the property
thereafter is void. (Valenzuela v. Aguilar, L-18083)
Definition of Garnishment
It is the act of appropriation by the sheriff where the property
involved is money, stocks or other incorporeal property in the hands
of third persons. (Regalado, citing De la Rama v. Villarosa, L-19727)
Garnishment of a bank deposit of the judgment is not a violation of
RA 1405 (on secrecy of bank deposits). (China bank v. Ortega, L34964)
Execution for a judgment for the delivery or restitution of
real property
The 3-day notice is required even if judgment against the defendant
is immediately executory. (Manuel v. Escalante, GR 134141)
Exemption from Execution May be Waived
These exemptions must be claimed, otherwise they are deemed
waived. (Herrera v. McMicking, 14 Phil. 641). It is not the duty of the
sheriff to set off the exemptions on his own initiative. (Regalado)
Other properties exempt from execution
1. Property mortgaged to the DBP (CA 45);
2. Property taken over by the Alien Property Administration (US
Trading With the Enemy Act);
3. Savings of national prisoner deposited with the Postal Savings
Bank (Act 2489);
4. Backpay of pre-war civilian employees (RA 304);
5. Philippine Government backpay to guerillas (RA 897);
6. Produce, work animals and farm implements of agricultural

lessess, subject to limitation (RA 6389);
7. Benefits from private retirement systems of companies and
establishments, with limitations (RA 4917);
8. Laborers wages, except for debts incurred for food, shelter,
clothing and medical attendance (Art 1708 of CC);
9. Benefit payments from the SS (RA 1161);
10. Copyrights and other rights in intellectual property (RA 8293);
11. Bonds issued under RA 1000 (NASSCO v. CIR, L-17874).
Liability under Third-Party Claim
Where a third-party claim has been filed in due form, the prevailing
party can compel the sheriff to proceed by the filing of a bond to
answer for damages that may be incurred as a consequence of the
execution. (Regalado)
If the sheriff proceeds with the sale without such bond, he will be
personally liable for such damages as may be sustained by and
awarded to the third-party claimant. (Bayer Phil. v. Agana, L-38701)
Rights of Third-Party Claimants
The rights of third-party claimants should not be decided in the
action where the third-party claims are presented, but in a separate
action which the court should direct the claimants to file. (San
Francisco Oil & Paint Co. v. Bayer Phil, L-38801)
Action for Damages and Surety
In the action for damages upon the bond filed by the judgment
creditor, the surety must be impleaded, otherwise the judgment
therein cannot be enforced against the bond. (Montojo v. Hilario, 58
Phil. 372)
Remedies of a Third-Party Claimant
1. Summary hearing before the court which authorized the
execution;
2. Terceria or thid-party claim filed with the sheriff;
3. Action for damages on the bond posted by the judgment
creditor;
4. Independent reivindicatory action.
These are cumulative remedies and may be resorted to by a thirdparty claimant independently of or separately from and without need
of availing of the others. (Regalado)
ATENEO LAW 4A 2011
Claim of Impropriety, who can file

A separate case, distinct from that in which the execution was issued,
is proper if instituted by a stranger to the latter suit.
If the claim of impropriety in t he execution is made by a party to the
action, not a stranger thereto, any relief therefrom may only be
applied for and obtained from the executing court. (Regalado)
Sale Without Notice
The sale is null and void. (Ago v. CA, L-17898), and subjects the
officer to liability for damages. (Regalado)
The creditor who induced the sheriff to sell without notice will be
solidarily liable with the tortfeasor. (Campomanes v. Bartolome, 38
Phil. 808)
Persons Who are Disqualified from Bidding and Purchasing at
the Public Auction
1. Officer conducting the execution sale or his deputy
2. See Article 1491 of CC
3. Seller of goods who exercises the right of resale
Remedy against Irregular Sale
The remedy is a motion to vacate or set aside the sale to be filed in
the court which issued the writ of execution. (Regalado)
Effects of Inadequate Price
A shocking inadequacy of price at a judicial sale warrants the setting
aside thereof and such sale is null and void, but this rule does not
apply to conventional sales.
Mere inadequacy of price is not material since the judgment debtor
may reacquire the property or sell his right to redeem and thus
recover any loss he claims to have suffered by reason of the price
obtained at the execution sale. (Regalado)
Measure of Damages by Judgment Creditor
He is entitled to the difference between the amount which would
have been realized were it not for the illegal intervention (but not to
exceed the judgment account) and the total amount which he
actually recovered on the judgment from all sources, including the
amount realized at the auction sale, plus the expenses incurred as a

consequence of the illegal intervention. (Mata v. Lichauco, 36 Phil.
809)
Pay in Cash
When there is a third-party claim, the judgment creditor must pay his
winning bid in cash. (Filipinas Colleges v. Timbang, L-12812)
Right of Redemption
There is no right of redemption where the property sold at judicial
sale is personal property.
Where the property sold is real property, the period of redemption is
one year from and after the registration of the certificate of sale. If
said certificate is not registered, the period of redemption does not
run. (Regalado)
Where the parties agreed on the date of redemption, the period is
that agreed upon. (Lazo v. Republic Surety & Insurance Co., L-27365)
also known as Conventional Redemption
The right of redemption is transferable and may be voluntarily sold,
but said right cannot be levied upon by the judgment creditor so as
to deprive the judgment debtor of any further rights to the property.
(Regalado)
The periods for redemption in Sec. 28 are not extendible or
interrupted. (Regalado)
Nature of Certificate of Sale
It is merely a memorial of the fact of sale and does not confer any
right to the possession, much less the ownership, of the real property
purchased. It is the deed of sale executed by the sheriff at the
expiration of the period of redemption which constitutes effective
conveyance of the property sold and entitles the purchaser to
possession of the property sold. (Gonzales v. Calimbas, 51 Phil. 358)
Definition of Successor In Interest
It includes a person to whom the judgment debtor has transferred his
right of redemption, or one to whom he has conveyed his interests in
the property for purposes of redemption, or one who succeeds to his
ATENEO LAW 4A 2011

property by operation of law, or a person with a joint interest in the
property , or his spouse or heirs. (Magno v. Viola, 61 Phil. 80)
Piecemeal Redemption
GR: It is allowed in redemption of properties sold at an execution
sale.
EX:
1. Redemption of properties mortgaged with the PNB or DBP and
which were foreclosed = Redemptioner must pay all the
amounts owed by the debtor on said mortgagee;
2. Foreclosures by banking institutions.
Caveat Emptor Applies to Judicial Sales
Caveat emptor applies to judicial sales of both real and personal
property and the sheriff does not warrant the title of the property
thus sold. (Pablico v. Ong Pauco, 43 Phil. 572)
Right of Repurchaser Retroact to Date of Levy
Since the sale retroacts to the date of the levy, any disposition of lien
in favor of third persons created by acts of the debtor after the levy
on real property shall not be binding against the purchaser to whom
a final deed of sale was subsequently issued. (Guerrero v. Agustin, L18117)
Jurisdiction of Court Issuing Writ of Execution
A case in which execution has been issued is regarded is still pending
and the court which rendered judgment has a general supervisory
control over the execution proceedings with the right to determine
every question of law or fact involved therein. Only when the
judgment has been fully satisfied does the same pass beyond review
by said court. (Seavan Carrier v. GTI Sportswear Corp., GR 65953)
Difference Between Res Judicata and Conclusiveness of
Judgment
Res Judicata
Conclusiveness of Judgment
Parties and causes of action Parties in both actions may be
in both actions are identical the same but the causes of action
or substantially the same
are different
Judgment in the first action is Judgment in the first action is
conclusive as to every matter binding only with respect to the
offered and received therein matters actually raised and
and as to any other matter adjudged therein
admissible therein and which

might have been offered for
that purpose
Judgment in the first action is
an
absolute
bar
to
a
subsequent action for the
same cause
Judgment in the first action is not

a bar to another action between
the same parties but on a
different cause of action
Requisites of Res Judicata

1. Former judgment or order must be final and executory;
2. It must be a judgment or order on the merits;
3. It must have been rendered by a court, having jurisdiction
over the subject-matter and the parties; and
4. There must be, between the first and second actions, identity
of parties, of subject matter and of cause of action. (Regalado)
Meaning of Identity of Parties
1. Where the parties in both actions are the same;
2. Ehere the actions are between those in privity with them, as
between their successors in interest by title subsequent to the
commencement of the action, litigating for the same thing
and under the same title and in the same capacity;
3. Where there is substantial identity even if there are additional
parties, especially so where the additional party was not a
proper party in the first or second action, or is a mere nominal
party. (Regalado)
Meaning of Identity of Cause of Action
When the judgment sought will be inconsistent with the prior
judgment, or if the same evidence will sustain the second action
even if the forms or nature of the actions be different. (Regalado)
Execution of Foreign Judgment
The judgment of a foreign tribunal cannot be enforced by execution
in the Philippines. Such judgment only creates a right of action and
its non-satisfaction, a cause of action, and it is necessary that a suit
be brought upon said foreign judgment in our local courts. (Perkins v.
Benguet Consolidated Mining Co., 93 Phil 1035)
Foreign Judgment, if in personam
The judgment of a foreign court is only presumptive evidence of a
right on the part of the prevailing party and if suit thereon is brought
ATENEO LAW 4A 2011

in the Philippines, the same may be repelled by evidence of clear
mistake of law. (Soorajmull Nagarmull v. Binalbagan Isabela Sugar
Co., L-22470)
APPEALS
Nature of the Right to Appeal
The right to appeal is not a natural right or part of due process. It is
merely a statutory privilege and may be exercised only in the manner
and in accordance with the provisions of the law or rule. (Ortiz v. CA,
GR 127393)
Order/Judgment That Cannot Be Appealed From and
Remedies
Order/Judgment
Remedy
Order denying petition for Petition
for
Certiorari
or
relief or any similar motion Prohibition under Rule 65
seeking relief from judgment
Interlocutory order
Rule 65
Order
disallowing
or 1. Certiorari
dismissing an appeal
2. Petition for Relief
Order denying a motion to 1. Petition for Relief
set aside a judgment by 2. Action to annul judgment
consent,
confession
or 3. Petition for certiorari
compromise on the ground of
fraud, mistake or duress, or
any other ground vitiating
consent
Order of execution
Petition for Certiorari
Judgment or final order for or 1. Wait for the decision in the
against one or more several
entire case then appeal
parties or in separate claims, 2. May allow a separate appeal
counterclaims, cross-claims,
and third-party claims, while
the main case is pending
Order dismissing an action 1. Refile his complaint
without prejudice
2. Petition for Certiorari
Issues that Appellate Court Decides On Appeal
GR: For an appellate court to consider a legal question, it should have
been raised in the court below. (PNOC v. CA, 457 SCRA 32)
EX:
1.
2.
3.
4.
Error affects the jurisdiction over the subject matter;

Error affects the validity of the judgment appealed from;
Error affects the proceedings;
Error closely related to or dependent on an assigned error and
properly argue in the brief;
5. Plan and clerical error;
6. If it finds that their consideration is necessary in arriving at a
just decision of the case. (Albano)
Rules on Appeal
1. No trial de novo.
GR: Decide the case on the basis of the record.
EX: When proceedings were not duly recorded as when there
was absence of a qualified stenographer.
2. No new parties.
3. No change of theory.
4. No new matters.
5. There can be amendments of pleadings to conform to the
evidence submitted before the trial court.
6. The liability of solidary defendant who did not appeal is not
affected by appeal of solidary debtor.
7. Appeal by guarantor does not inure to the principal.
8. In ejectment cases, the RTC cannot award to the appellant on
his counterclaim more than the amount of damages beyond
the jurisdiction of the city courts.
9. Appellate court cannot dismiss the appealed cases for failure
to prosecute because the case must be decided on the basis
of the record. (Albano)
Effect of mere filing of notice of appeal
The mere filing by one party of a notice of appeal does not divest the
court of its jurisdiction over a case and to resolve pending incidents.
(Valencia v. CA, 352 SCRA 72)
Perfection of an Appeal
The perfection of an appeal in the manner and within the period
prescribed by law is not only mandatory but jurisdictional. (Manila
Memorial Park Cemetery v. CA, GR 137122)
Ordinary Appeal Deemed Perfected
ATENEO LAW 4A 2011

A record on appeal needs to be approved by the trial court. But a
notice of appeal does not require courts approval. (Kho v. Camacho,
GR 82789)
Period for Perfecting an Appeal
Appeal
Reglementary Period
Notice of Appeal
Within 15 days from notice of the
judgment or final order appealed
from
Notice of Appeal and Record Within 30 days from notice of
of Appeal
from
Appeal in habeas corpus
Within 48 hours from notice of
from
Appeal in amparo cases
Within 5 working days from the
date of notice of the adverse
judgment
Appeal in habeas data
Within 5 working days from the
date of notice of the adverse
judgment
Custody of minors and writ of Within 15 days from notice of the
habeas corpus in relation to denial of the MR/MNT
custody of minors
Annulment
of
voidable Within 15 days from notice of the
marriages,
declaration
of denial of the MR/MNT
absolute
nullity
of
void
marriages,
and
legal
separation
A motion for extension of time to file the notice of appeal is not
allowed. (PCIB v. Ortiz, GR L-49223)
Exceptional Circumstances When SC Relaxed the Rules on the
Application of the Reglementary Periods of Appeal
1. Questioned decision of the trial court was served upon the
appellant at a time when her counsel of record was already
dead.
2. Perfection of an appeal by the Republic.
3. Subject matter in issue had already been judicially settled
with finality in another case.
Neyes Rule
If the motion is denied, the movant has a fresh period of 15 days
from receipt of notice of the order denying or dismissing the MR/MNT
within which to file a notice of appeal. It applies only to appeals
(Rules 40-43, 45). The new 15-day period may be availed of only if
either motion (MR/MNT) is filed. (Neypes v. CA, GR 141524)
Extension of time, when permitted
The reglementary period for the filing of the record on appeal when
required may be extended, but the period for perfecting an appeal
may not be extended for the purpose of filing a MR/MNT. (Regalado,
citing Roque v. Gunigundo)
Where file Motion for Extension
Such a motion may be filed only in cases pending with the SC as the
court of last resort, which may in its sound discretion, either grant or
deny the extension requested. (Sps. Baniqued v. Ramos, GR 158615)
Withdrawal of Appeal that Has Already Been Perfected
An appeal may be withdrawn as a matter of right at any time before
the filing of the appellees brief. Thereafter, the withdrawal may be
allowed in the discretion of the court.
When to File Appellant/Appellee Brief
MTC to RTC
Both Civil and Criminal Cases
File appellants brief within 15
days from receipt of the notice of
the clerk of court
File appellees brief within 15
days
from
receipt
of
the
appelllants brief
RTC to CA
Civil Cases
days from receipt of notice of the
clerk of court
days
from
receipt
of
the
appellants brief
Criminal Cases
days from receipt of the notice of
ATENEO LAW 4A 2011

the clerk of court
days
from
receipt
of
the
appellants brief
Examples of Cases of Multiple Appeals
1. Action for expropriation
Order of expropriation
Judgment fixing the just compensation
2. Action for foreclosure of real estate mortgage
Judgment on foreclosure
Order confirming the sale
3. Action for partition
Order of partition
Judgment of partition
4. Action for recovery of property with accounting
5. Special proceedings
Meaning of Residual Jurisdiction of the Court
Prior to the transmittal of the original record to the appellate court,
the trial court retains jurisdiction:
1. To issue orders for the preservation of the rights of the parties,
which do not involve any matter litigated by appeal;
2. To approve compromise prior to transmittal of records;
3. To permit appeals by an indigent;
4. To order execution pending appeal; and
5. To allow withdrawals of appeals. (Albano)
Nature of Partial Summary Judgment
A partial summary judgment is interlocutory. (Prov. of Pangasinan v.
CA, GR 104266)
By way of exception, an appeal from a partial summary judgment
may be made provided the court allows it. But where the exception is
applicable, a notice of appeal and record on appeal would be
necessary. (GSIS v. Philippine Village Hotel, GR 150922)
Nature of Summary Judicial Proceeding
Judgment of the court in summary judicial proceedings under the
Family Code is immediately final and executory. Therefore, there is no
reglementary period within which to perfect an appeal. An appellate
court acquires no jurisdiction to review a judgment which, by express

provision of law, is immediately final and executory. (Republic v.
Bermudez-Lorino, GR 160258)
Failure to Pay Appellate Court Docket Fee
Payment in full of the docket fee within the prescribed period is
mandatory.
This rule must be qualified, to wit:
1. Failure to pay the appellate docket fee within the
reglementary period allows only discretionary dismissal, not
automatic dismissal, of the appeal;
2. Such power to dismiss should be used in the exercise of the
courts sound discretion in accordance with the tenets of
justice and fair play and with great deal of circumspection
considering all attendant circumstances. (Republic v. Luriz, GR
158992)
Payment of appellate court docket fees within the 15-day
reglementary period is mandatory for the perfection of all appeals:
1. To the CA from a decision of the RTC rendered in the exercise
of its appellate jurisdiction under Rule 42, Sec/ 8;
2. Appeal from the CA to the SC under Rule 45, Sec. 5. (Badillo v.
Tayag, GR 145846)
Competence to Rule on Appeal
It is the appellate court that may dismiss the appeal for failure to
prosecute. (Esperas v. CA, 341 SCRA 583)
Rules on Appeal from the Judgments of the RTC
Original
Jurisdiction
1. To the CA
Questions of fact or Notice
of
Appeal;
mixed questions of (Record on Appeal
fact and law
only in specpro and
multiple appeals)
2. To the SC
Questions of law
Petition for review on
certiorari under Rule
45
Appellate
Questions of fact, of Petition for review
Jurisdiction
law,
or
mixed under Rule 42
ATENEO LAW 4A 2011

questions of fact and
law
fact, or both
RTC Reverses the Order of Dismissal of the MTC

RTC shall remand the case to the MTC for further proceedings since
the reversal is an adjudication by it that the MTC has jurisdiction over
the subject matter of the action. (Herrera v. Bollos, GR 13858)
RTC affirms the Order of Dismissal
RTC, if it has jurisdiction over the subject matter of the action, shall
try the case on the merits as if the case was originally filed with it.
If the RTC likewise has no jurisdiction, then it shall not try the case,
and the case shall remain dismissed.
What to File
RULE 43
Administrative
disciplinary cases
of the Ombudsman
Judgments of the
CSC
Judgments of the
Office
of
the
President
RTC decision for
intra-corporate
disputes
and
corporate
rehabilitation
RULE 45 (SC)
Decisions
of
the
Sandiganbayan
RULE 65
Decisions of the NLRC
(CA)
Decisions of the CTA

en bank
Cases
where
Ombudsman
acted
with GALAEJ and in
criminal cases (SC)
Judgments
of
the
COMELEC (SC)
Judgment
or final
order of the RTC
(original jurisdiction)
Judgment, final order,
or resolutions of the
CA
Judgment
or final
order in a petition for
a writ of amparo to
the SC questions of
law, of fact, or both
Judgment
or final
order in a petition for
a writ of habeas data
questions of law, of
Judgments
of
the
Commission on Audit
(SC)
Parties Bound by Judgment

GR: In appellate proceedings, the reversal of the judgment on appeal
is binding only on the parties in the appealed case and does not
affect or inure to the benefit of those who did not join or were not
made parties to the appeal.
EX: Judgment cannot be reversed as to the party appealing and
liabilities of the parties appealing are so interwoven and dependent
on each other as to be inseparable. (Rep. v. Institute for Social
Concern, GR 156306)
Effect of those who did not appeal from a judgment
A party who did not appeal from a decision of a court cannot obtain
affirmative relief other than that granted in the appealed decision.
(Radiowealth Finance Company v. Del Rosario, 335 SCRA 288)
This applies to decisions of administrative or quasi-judicial tribunals.
(Cabatulan v. Buat, GR 147142)
GR: Appellate courts cannot reverse or modify decisions as to those
who did not appeal.
EX:
1. Trial court failed to award interest on damages which may be
awarded by the CA in its discretion.
2. Exemplary damages and attorneys fees that were
erroneously deleted by the CA.
3. If the court affirms the decision on appeal or clarifies it, it may
increase the award of damages. (Albano)
Motion to Dismiss an Appeal
RTC can entertain a motion to dismiss an appeal, provided that the
record has not yet been transmitted. (Vivo v. Arca, 13 SCRA 771)
If the record has already been transmitted to the appellate court, the
appeal may be dismissed on the ground that
1. Same was taken out of time; or
2. Issue raised in the appeal to the CA are purely legal. (Murillo
v. Consul, 183 SCRA 11)
RULE 45
ATENEO LAW 4A 2011

Not a matter of right
Every appeal to the SC is not a matter of right but of sound judicial
discretion with the exception of cases where the penalty of death or
reclusion perpetua where an appeal is a matter of right leaving the
reviewing court without any discretion. (People v. Flores, GR 170565)
Only Questions of Law
GR: SC cannot pass upon in a petition for review on certiorari factual
findings of a lower court.
EX:
1. Where there is grave abuse of discretion;
2. When the finding is grounded merely on speculations,
surmises or conjectures;
3. when the inference made is manifestly mistaken, absurd or
impossible;
4. When the judgment of the CA was based on misapprehension
of facts;
5. When the factual findings are themselves conflicting;
6. When the CA, in making its findings, went beyond the issues
of the case and the same are contrary to the admissions of
both appellant and appellee;
7. When the CA manifestly overlooked certain relevant facts not
disputed by the parties and which, if properly considered,
would justify a different conclusion;
8. Where the findings of fact of the CA are contrary to those of
the RTC;
9. Where the findings of fact are mere conclusions without
citation of specific evidence on which they are based; and
10. Where the findings of fact of the CA are premised on the
absence of evidence and are contradicted by the evidence on
record;
11. Writ of Amparo;
12. Writ of Habeas Data. (Riano)
Certiorari under Rule 45 versus
Petition for Review on
Certiorari (R 45)
Mode of appeal
Continuation of the appellate
process over the original case
Seeks
to
review
final
Certiorari under Rule 65

Petition for Certiorari (R 65)
Special civil action
Independent action
May
be
directed
against
an
judgments or final orders

Questions of law
Filed within 15 days from
notice of judgment or final
order appealed from
Not require a prior MR
Stays the judgment appealed
from
Parties
are
the
original
parties with the appealing
party as the petitioner and
the
adverse
party
as
respondent
without
impleading the lower court or
its judge
Filed with SC
interlocutory order or matters

where no appeal may be taken
from
Questions of jurisdiction
Filed not later than 60 days from
notice of judgment, order or
resolution, or from notice of
denial of MR
Prior MR is required
Does not stay the judgment or
order subject of the petition
unless enjoined or restrained
Parties are the aggrieved party
against the lower court or quasijudicial agency and the prevailing
parties
Filed with RTC, CA, SC
Mutually Exclusive Application

GR: A party cannot file a petition both under Rules 45 and 65 of the
Rules of Court.
EX: For justifiable reasons as when the petition before the court is
clearly meritorious and filed on time.
Material Data Rule
This requires the petitioner to indicate the material dates showing
1. When notice of the judgment, final or order subject of the
petition was received;
2. When a MNT or MR, if any, was filed; and
3. When notice of the denial of MNT/MR was received.
60-day period
GR: 60-day period must be considered non-extendible.
EX: Good and sufficient reason can be shown. (LBP v. Saludanes, GR
146581)
Definition of Question of Law
ATENEO LAW 4A 2011

It is when the doubt or difference arises as to what the law is on a
certain state of facts. (Medina v. Asistio, Jr., 191 SCRA 218)
Definition of Question of Fact
It is when the doubt or difference arises as to the truth or the
falsehood of alleged facts. (Medina v. Asistio, Jr., 191 SCRA 218)
SCs jurisdiction over decisions of the Sandiganbayan
GR: SCs jurisdiction over the Sandiganbayans decisions or final
orders is limtie only to questions of law.
EX:
1. Conclusion is a finding grounded entirely on speculation,
surmise and conjecture;
2. Inference made is manifestly mistaken;
3. Grave abuse of discretion;
4. Judgment is based on a misapprehension of facts;
5. Findings of fact are premised on the absence of evidence; and
6. Findings of fact are contradicted by evidence on record.
(Mendoza v. People, GR 146234)
RULE 47
Nature of the Action
It is resorted to in cases where the ordinary remedies of new trial,
appeal, petition for relief from judgment, or other appropriate
remedies are no longer available through no fault of the petitioner,
and is based on only two grounds: extrinsic fraud, and of jurisdiction
or denial of due process. (Alaban v. CA, 470 SCRA 697)
If the action is based on extrinsic fraud, extraneous evidence is

admissible. (Arcelona v. CA, 280 SCRA 20)
Instances Action for Annulment of Judgment Does Not Apply
1. Judgments of the Ombudsman. (Macalalag v. Ombudsman, GR
147995)
2. Judgments of NLRC (Elcee Farms v. Semillano, GR 150286)
3. Levy and sale at public auction of property or the certificate of
sale executed by the sheriff over said property
4. Action to nullify a writ of execution (Guiang v. Co, GR 146996)
Remedy of Aggrieved Person
His remedy is a petition for review on certiorari under Rule 45.
(Linzag v. CA, 291 SCRA 304)
Annulment of Judgments of Quasi-Judicial Bodies
A party aggrieved by a judgment or resolution of a quasi-judicial
body enumerated under Rule 43 may avail of a petition for review to
the CA under Rule 47 and not an action to annul the judgment or
resolution. (Riano)
RULE 50
Appeal Not Filed in the Proper Court
An appeal erroneously taken to the CA shall not be transferred to the
appropriate court but shall be dismissed outright. (Atlas Consolidated
Mining & Dev. Corp. v. CA, 201 SCRA 51)
Definition of Extrinsic Fraud

It is where a litigant commits acts outside of the trial of the case, the
effect of which prevents a party from having a trial, a real contest, or
from presenting all of his case to the court, or where it operates upon
matters pertaining not to the judgment itself but to the manner in
which it was procured so that there is not a fair submission of the
controversy. (Strait Times v. CA, 294 SCRA 714)
RULE 51
Material Errors in the Proceedings
GR: When the appellate court finds that there is material error in the
proceedings, it should remand the case for retrial.
EX: If the SC can resolve the dispute on the basis of the records
before it. (Albano)
Allowing Extraneous Evidence in an Action for Annulment of

Judgment
If the action is based on lack of jurisdiction over the person of the
defendant or subject matter, only evidence found in the records of
the case can justify the annulment of said judgment.
Damages in favor of Appellee

GR: Damages in favor of appellee who did not appeal may not be
increased.
EX:
1. Award of legal interest at the discretion of the court.
ATENEO LAW 4A 2011

2. Award of attorneys fees.
3. Exemplary damages. (Albano)
Effect of Reversal on Appeal
A reversal of judgment on appeal is binding on the parties to the suit
but does not inure to the benefit of parties who did not join in the
appeal. (Cayaba v. CA, 210 SCRA 561)
ATENEO LAW 4A 2011

Relevant

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Relevant

Hochgeladen von

Copyright:

Verfügbare Formate

1COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

(b) The witness (including a party) is generally not coached in

Discovery is not mandatory

ATENEO LAW 4A 2011

2COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

A deposition is "the testimony of a witness taken upon oral question

GRACE XAVIERE E. ESCOSIA

ATENEO LAW 4A 2011

3COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Discovery Still Applies Even If Motion for Bill of Particulars

ATENEO LAW 4A 2011

4COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

not unlimited. It must be exercised, not arbitrarily or oppressively,

The deposition must be formally offered in evidence although it need

Definition of Good Cause

Mere failure to observe the behavior of witnesses is not a ground to

No Power to Rule on Objections

ATENEO LAW 4A 2011

5COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Inapplicability of Rule 23 to criminal cases

ATENEO LAW 4A 2011

6COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Judgment by Default may be granted

ATENEO LAW 4A 2011

7COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Contents of a Request for Admission

consequences of said implied admission. (Regalado, citing Bay View

GRACE XAVIERE E. ESCOSIA

ATENEO LAW 4A 2011

8COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

right of the applicant or that they are used or intended to be used as

ATENEO LAW 4A 2011

9COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

The writ may be discharged on any of the following grounds:

SEC. 18. Discharge of writ by the defendant or expected adverse

ATENEO LAW 4A 2011

10COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Not covered by Physician-Client Privilege

ATENEO LAW 4A 2011

11COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Rule on Medical Certificates

Oral Stipulation of Facts

GRACE XAVIERE E. ESCOSIA

ATENEO LAW 4A 2011

12COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Basis of Judgment on the Pleadings

GRACE XAVIERE E. ESCOSIA

ATENEO LAW 4A 2011

13COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Entire case may be

Requires prior 10-day

May only be partial

matters need not be submitted. (Motor Service Co. v. Yellow Taxicab

ATENEO LAW 4A 2011

14COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

ATENEO LAW 4A 2011

15COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

7. Special judgment (Sec. 11, Rule 39)

ATENEO LAW 4A 2011

16COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Definition of Judgment on the Merits

ATENEO LAW 4A 2011

17COMMENTARIES (Aguilar, Albano, Herrera, Regalado, RIano) & JURISPRUDENCE

Minute Resolution allowed