Remedial Law Jutsu-2.0

Jutsu 2.
0 Q&A- CIVPRO year 2013

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Tip: memorize all, IN VERBATIM!

For recitation purposes only.
REMEDIAL LAW - is that branch of law which prescribes the method of enforcing the rights or
obtaining
redress for their invasions.
NATURE OF REMEDIAL LAW- prospective in application;

retroactive only (the law in effect) while the case is pending.
SUBSTANTIVE VS. PROCEDURAL LAW

Substantive Law Remedial Law
Part of the law which creates, defines, or regulates Refers to the legislation providing means or
rights concerning life, liberty, or property or the powers methods whereby causes of action may be
of agencies or instrumentalities for the administration effectuated, wrongs redressed, and relief
of public affairs obtained (adjective law)
Makes vested rights possible Has no vested rights
Prospective in application Governs rights and transactions which took place

(retroactive)
Cannot be enacted by SC SC is expressly empowered to promulgate
procedural rules
(Rule making power of the SC: A8, S5, 1987
Consti)
4 DIVISIONS OF REMEDIAL LAW
1. Civil Procedure (Rules 1-71)

2. Special Proceedings (Rules 72-109)
3. Criminal Procedure (Rules 110-127) Evidence is the means, sanctioned by the rules, in ascertaining
4. Rules on Evidence (Rules 128-134) in a judicial proceeding the truth in a matter of fact.
CIVIL ACTION -An action where a person sues another for the enforcement or protection
of a right, or
the prevention or redress of a wrong
A civil action may be ordinary or special. (R1 S3a)
CRIMINAL ACTION -an action by which the State prosecutes a person for an act or omission
punishable by
law.
SPECIAL PROCEEDING - A remedy by which a party seeks to establish a status, a right, or a

particular fact
(R1, S3c)
DIVISIONS OF CIVIL PROCEDURE:
1. Ordinary civil actions (Rules 1-56) - An action where a person sues another for the enforcement or
protection of a right, or the prevention or redress of a wrong,
governed
by the ordinary rules under the ROC.
2. Provisional remedies (Rules 57-61) -(provisional means temporary, preliminary or tentative)

-ancillary actions attached to the main or general action. They are
in aid
of the principal action and cannot exist independently of the
principal
action.
3. Special civil actions (Rules 62-71) - actions whereby a person sues another for the protection or
enforcement of a right, or prevention or redress of wrong, which
are
governed by the ordinary rules as well as the special rules as
provided
under the ROC.
SOURCES OF REMEDIAL LAW:
1. 1987 Constitution
2. BP 129 (Judiciary Reorganization Act of 1980)
as amended by RA 7691 (Act expanding the jurisdiction of MTCs...)
3. Rules of Court
4. Supreme Court Administrative Matters and Circulars
1
Jutsu 2.0 Q&A- CIVPRO year 2013
a. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. No. 09-6-8-SC)

b. RULE ON THE WRIT OF HABEAS DATA (A.M. No. 08-1-16-SC)
c. RULE OF PROCEDURE FOR SMALL CLAIMS CASES (A.M. No. 08-8-7-SC)
5. Supreme Court decisions
6. New Civil Code
7. Family Code
8. Local Government Code (RA 7160), Arts. 399-422 (Katarungang Pambarangay Law)
9. Special Laws and amendments
10. Rules on Summary Procedure
11. Revised Manual of the Clerk of Court
CERTIORARI- a special civil action directed against a tribunal, board or officer exercising judicial or quasi-
judicial
functions, and such tribunal, board or officer has acted with grave abuse of discretion
amounting to lack
or excess of jurisdiction and there is neither appeal nor any plain, speedy and adequate remedy
in the
ordinary course of law for the purpose of annulling or modifying the proceeding. TBO
PROHIBITION- a special civil action directed against a tribunal, corporation, board or person exercising
judicial, quasi
judicial or ministerial functions, and such tribunal, board, corporation or person has acted with
grave
abuse of discretion amounting to lack or excess of jurisdiction and there is neither appeal or any
other
plain, speedy and adequate remedy in the ordinary course of law, directing it to refrain from the
performance of acts which it has no jurisdiction to perform. TCBP
MANDAMUS- a special civil action directed against a tribunal, corporation, board or person exercising
ministerial
functions to do an act required to be done when it or he unlawfully neglects the performance of
an act
which the law specifically enjoins as a duty, and there is neither appeal nor any other plain,
speedy and
adequate remedy in the ordinary course of law. It is also available when one unlawfully excludes
another from the use and enjoyment of a right or office to which such other is entitled. TCBP
**
ERROR OF JURISDICTION ERROR OF JUDGEMENT
One where the act complained of was issued by the One which the court may commit in the exercise of its
court without or in excess of jurisdiction jurisdiction, it includes errors of procedure or
mistakes in the courts findings.
WHAT IS JUDICIAL POWER?
(Judicial Power shall be vested in one Supreme Court and in such lower courts as may be established
by law.)
Judicial Power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, xxx
EXPANDED JUDICIAL POWER-
xxx and to determine whether or not there is grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the government. (1987 Consti)
KINDS OF COURTS:
COURT- are judicial tribunals in the administration of justice.
1. CONSTITUTIONAL COURTS - created by the Constitution

-only the Supreme Court is sonstitutionally created,
SB is constitutionally-mandated only, 1973 Consti [PD 1486])
2. STATUTORY COURTS -those created by law other than the Constitution
1. SB PD 1606 (after 1987 Consti)

2. Family
Courts RA 8369
3. CTA RA 9282
4. Sharia PD 1083 (Code of Muslim Personal Laws of the
Courts Phils)
2
3. SUPERIOR COURTS -those which has the power of review or supervision over another
and
lower court.
4. INFERIOR COURTS - courts which, in relation to another court, are lower in rank and
subject to review and supervision by the latter.
5. COURTS OF ORIGINAL JURISDICTION -those which, under the law, actions or proceedings may originally
be
commenced
6. COURTS OF APPELLATE JURISDICTION - courts which have the power of review on appeal the
decisions or
orders of a lower court.
7. COURTS OF LAW - tribunals duly administering the laws of the land.
8. COURTS OF GENERAL JURISDICTION - those competent to decide their own jurisdiction and to take
cognizance of all kinds of cases, unless otherwise provided by the
law or
Rules.
9. COURTS OF RECORD -those whose proceedings are enrolled and which are bound to
keep a
written record of all trial and proceedings handled by them.
10. LAND REGISTRATION COURTS -those which have jurisdiction over registration of real
properties under
the Torrens system. (PD 1529- Property Registration Decree)
11. TRIBAL COURTS - those existing under the customs and traditions of an
indigenous
cultural community are not part of the Philippine Judicial system;
have
no judicial power.
12. FAMILY COURTS - those created by RA 8639 vested with exclusive original
jurisdiction
over child and family cases.
13. MILITARY COURT/ - not a court of law and does not form part of the judicial
system and
MILITARY COMMISSION/ process. (executive in character)
COURT MARTIAL
CONSTITUTIONAL PROVISIONS:
ART SE BASIS FOR:
C
1 Declaration 2 10 The State shall promote social justice in all phases of national
of principles development
2 and State 2 11 The State values the dignity of every human person and
policies guarantees full respect for human rights.
3 Bill of Rights 3 1 no person shall be deprived of life, liberty or property without Whole of ROC
due process of law, nor shall any person be denied the equal
protection of the laws
4 7 The right of the people to information on matters of public
concern shall be recognized. Access to official records, and to
documents, and papers pertaining to official acts, transactions,
or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.
5 9 private property shall not be taken for public use without just R67
compensation
6 10 No law impairing the obligation of contacts shall be passed
7 11 free access to the courts and quasi-judicial bodies and R3, S21
adequate legal assistance shall not be denied to any person by Indigent party
reason of poverty
8 15 the privilege of the writ of habeas corpus shall not be R102
suspended except in cases of invasion or rebellion when the Heabeas
public safety requires it Corpus
9 16 all persons shall have the right to a speedy disposition of their Whole of
cases before all judicial, quasi-judicial or administrative bodies ROC;
R1, S6
10 Legislative 6 30 no law shall be passed increasing the appellate jurisdiction of
3
Department the Supreme Court as provided in this Constitution without

its advice and concurrence
11 Executive 7 4 The Supreme Court, sitting en banc, shall be the sole judge of
Department all contests relating to the election, returns and qualifications
of the President or the Vice President, and may promulgate its
rules for the purpose.
12 7 18 The Supreme Court may review, in an appropriate proceeding
(3) filed by any citizen, the sufficiency of the factual basis of the
proclamation of martial law or the suspension of the privilege of
the writ or the extension thereof, and must promulgate its
decision thereon within 30 days from its filing
13 Judicial 8 1 the judicial power shall be vested in 1 supreme court and in
Department such lower courts as may be established by law.
[traditional definition]
judicial power includes the duty of the courts of justice to settle

actual controversies involving rights which are legally
demandable and enforceable and to determine whether or not
there has been a grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch or
instrumentality of the government.
[expanded jurisdiction]
14 8 2 the Congress shall have the power to define, prescribe and
apportion the jurisdiction of various courts but may not deprive
the Supreme Court of its jurisdiction over cases enumerated in
section 5 hereof.
15 8 5 the Supreme Court shall have the following powers:
1. exercise original jurisdiction over cases affecting AOC and

over petitions for CPMQH
2. RRRMA on appeal or certiorari (rule 45), as the law or the

ROC may provide, final judgments and orders of lower courts
in:
a. All cases in which the constitutionality or validity of any

TILPPOIOR is in question (9)
b. All cases involving the legality of any TIAT, or any penalty
imposed in relation thereto (4)
c. All cases in which the jurisdiction of any lower court is in
issue
d. All criminal cases in which the penalty imposed is
reclusion perpetua or higher
e. All cases in which only an error or question of law is
involved
3. assign temporarily judges of lower courts to other stations as

public interest may require. Such temporary assignment shall
not exceed 6 months without the consent of the judge
concerned.
4. order a change of venue or place of trial to avoid a

miscarriage of justice
5. promulgate rules concerning the protection and enforcement

of constitutional rights, pleading, practice and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase or modify substantive
rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the
Supreme Court.
[Rule Making power of the SC]
16 8 14 No decision shall be rendered by any court without expressing R36,S1
therein clearly and distinctly the law on which it is based.
17 Constitutiona IX 7 unless otherwise provided by this Constitution or by law, any R64
l decision, order or ruling of each Commission may be brought to
Commissions the Supreme Court on certiorari by the aggrieved party within
30 days from receipt of a copy thereof.
What is Jurisdiction? -Authority or power of the court to hear, try and decide cases and to execute the
4
judgement thereon.
**
JURISDICTION EXERCISE OF JURISDICTION
Authority to hear and decide cases Any act of the court pursuant to such authority
including the decisions and its consequences
JURISDICTION VS. VENUE
-Authority or power of the court to hear, try and decide cases and to execute the judgement
thereon.
- Geographical location where the case shall be filed, heard and tried
JURISDICTION VENUE
Over the subject matter and Can be waived
Over the nature:
Conferred by law and can not be waived.
Substantive Procedural
Can not be the subject of agreement of the parties May be changed by the written agreement of the
parties
Ground for motu propio dismissal Not ground for motu propio dismissal
KINDS OF JURISDICTION:
A. AS TO CASES TRIED:
1. General - competent to decide their own jurisdiction and to take cognizance of all
kinds
of cases, unless otherwise provided by the law or rules.
Ex. RTC
2. Limited/Special -have no power to decide their own jurisdiction and can only try cases
permitted by statute.
Ex: MTC
B. AS TO NATURE OF THE CAUSE:

1. Original - actions or proceedings may originally be commenced
2. Appellate -power to review on appeal the decisions or orders of a lower court
C. AS TO NATURE AND EXTENT OF EXERCISE:

1. Exclusive -the power to adjudicate a case or proceeding to the exclusion of all other
courts at that stage
2. Confluent/ -the power conferred upon different courts, whether of the same or
different
Concurrent/ ranks, to take cognizance at the same stage of the same case in the
same
Coordinate or different judicial territories
D. AS TO SITUS:
1. Territorial -exercised within the limits of the place where the court is located
2. Extra-territorial - exercised beyond the confines of the territory where the court is located.
DOCTRINE OF ANCILLARY JURISDICTION - it involved the inherent or implied powers of the

court to
determine issues incidental to the exercise of its primary
jurisdiction.
AUXILIARY JURISDICTION?
DELEGATED JURISDICTION OF INFERIOR COURTS - under S34 of BP 129, inferior courts can try land
registration and cadastral cases regardless of value if the
case is
uncontested, or if contested, the value of the lots should
not
exceed 100,000.
DOCTRINE OF ADHERENCE TO JURISDICTION - once the court has acquired jurisdiction, that
jurisdiction
(continuity of jurisdiction) continues until the court has done all that it can do in the
exercise of that jurisdiction.
EXCLUSIVE ORIGINAL JURISDICTION -the power to adjudicate on actions or proceedings

at the first
instance, to the exclusion of other courts
5
WHAT IS PRIMARY JURISDICTION? The power of an administrative agency exercising quasi-judicial

functions to
decide an issue in the first instance requiring their expertise, knowledge
and skills which the courts shall respect.
DOCTRINE OF PRIMARY JURISDICTION- courts will not resolve a controversy involving a question which is
within the
jurisdiction of an administrative tribunal, especially where the question
demands the exercise of the sound administrative discretion requiring
special
knowledge, experience and services of the administrative tribunal to
determine
the technical and intricate matters of fact.
6
JURISDICTION OF:
SC
1. CIVIL
A. ORIGINAL
i. EXCLUSIVE Petitions for issuance of CPM against:
1. CA (RA 296)
2. COMELEC en banc (Consti, Art 9-a 7)
3. COA (Consti, Art 9-a 7)
4. SB (PD 1606, sec 7 as amended)
5. CTA (RA 1125, sec 19 as amended)
6. OMB in criminal and (Fabian vs. Desierto)
non-administrative and
disciplinary cases
ii. CONCURRENT, with
RTC only CA and RTC CA, SB and RTC CA only
1 actions affecting petitions for CPM against petitions for CPM relating to petitions for writs of
AOC inferior courts and other an act or omission of an MTC, CPM against:
(consti, A8, bodies or a CBOP a. RTC
s5(1)) (R65, S4, as amended by AM b. CSC (RA 7902)
07-7-12-SC) c. NLRC (St. Martin)
2 actions bought to petitions for issuance of WOA Petition for Writ of
prevent and restrain (Rule on the Writ of Amparo) Kalikasan
violations of laws
concerning monopolies
and combinations in
restraint of trade
(RA 296, S17 as
amended)
3 petitions for HC and QW petitions for issuance of writ
of HD
(AM 08-1-16-SC)
B. APPELLATE
65 45
1 filed within 30 days from notice From CA
of the JFR sought to be
reviewed against the ff: (rule 64)
1. COMELEC
2. COA
2 from SB on pure questions of law except cases where the penalty
imposed is RP, LI or Death
(PD 1606, as amended)
3 from judgements or final orders of the RTC exercising original
jurisdiction in the ff:
a. All cases in which the constitutionality or validity of any

TILPPOIOR is in question
b. All cases involving the legality of any TIAT or any penalty imposed
in relation thereto
c. All cases in which the jurisdiction of any lower court is in issue
d. All cases in which only an error or question of law is involved
4 from decisions or final resolutions of the CTA (Revised Rules of the
CTA as amended)
2. CRIMINAL
A. ORIGINAL
i. EXCLUSIVE
1. Petition for CPMHQ against CA and SB
2. cases affecting AOC
CA and RTC CA
petitions for CPM petitions for writs of
against MTC CPM against RTC
B. APPELLATE
By petition for review on certiorari (45):
a. from CA
b. from SB
c. from RTC, only question of law
d. death penalty (intermediate review, PP vs
TOLL: a due paid for the use of something, esp the consideration paid either Mateo)
to use a public road, highway or bridge
IMPOST: a tax or duty, esp a customs duty
DUTY: a tax imposed on a commodity or transaction, esp on IMPORTS 7
ASSESSMENT: imposition of something, such as a tax or fine, according to an
established rate.
ADMINISTRATIVE JURISDICTION: A8, S6, Consti

The SC shall have the administrative supervision and control over all courts and
the personnel thereof.
8
Are decisions of OMB appealable to SC via certiorari? Only in criminal and non-administrative cases, as
there is no plain, speedy and adequate remedy in the
course of law (the provision was declared unconstitutional
as the advise and concurrence of the SC was not sought-
Fabian vs. Desierto.)
Section 27 of Republic Act No. 6770
(Ombudsman Act of 1989), together with
Section 7, Rule III of Administrative Order
No. 07 (Rules of Procedure of the Office of
the Ombudsman)
PRINCIPLE OF JUDICIAL HIERARCHY -a higher court will not entertain direct resort to it unless
the redress desired cannot be obtained in the appropriate
courts.
DOCTRINE OF NON-INTERFERENCE/ - no court has authority to interfere by injunction with the

DOCTRINE OF JUDICIAL STABILITY judgement of another court of coordinate jurisdiction
QUESTIONS OF LAW VS. ERRORS OF LAW?
9
CA
1. CIVIL
A. ORIGINAL
i. EXCLUSIVE
1. All actions for annulment of judgements (R47) of the RTC
BP 129
2. Petitions for CPM involving an act or omission of a QJA,
R65
unless otherwise provided by law

SC and RTC SC, SB and RTC SC only
1 petitions for CPM against petitions for CPM petitions for writs of
inferior courts and other relating to an act or CPM against:
bodies omission of an MTC, a. RTC
or a CBOP b. CSC (RA 7902)
(R65, S4, as amended c. NLRC (St. Martin)
by AM 07-7-12-SC)
2 actions bought to prevent petitions for issuance of Petition for Writ of
and restrain violations of writ of amparo Kalikasan
laws concerning (Rule on the Writ of
monopolies and Amparo)
combinations in restraint
of trade
(RA 296, S17 as amended)
3 petitions for HC and QW petitions for issuance of
writ of HD
(AM 08-1-16-SC)
B. APPELLATE
ORDINARY APPEAL BY
NOA/ROA 65 43
1 from RTC, except those Decisions and final resolutions from OMB in administrative
appealable to the SC (see of NLRC (St. Martin) disciplinary cases
table, appellate juris of SC)
2 From RTC on constitutional, from CSC (RA 7902)

tax, jurisdictional
3 questions involving questions from National Commission on
of fact or mixed questions of Indigenous Peoples NCIP (RA
fact and law or which should b 8371)
appealed first to the CA (RA
296, as amended)
4 from decisions and final orders from AJFR of, or authorized by,
of the FAMILY COURTS QJA in the exercise of their
QUASI-JUDICIAL FUNCTIONS:
5 direct appeals from land 1. SEC 11. GSIS
registration and cadastral 2. OP 12. ECC
cases decided by MTC based 3. LRA 13. AIB
on their delegated jurisdiction. 4. SSC 14. IC
5. CAB 15. PAEC
6. IPO 16. BOI
RA 7975= An Act to strenghten the RA 8249= An act further defining the 7. NEA 17. CIAC
functional and structural organization jurisdiction of the SB, ameding for that 8. ERB 18. VA
of the SB amending PD 1606, as purpose PD 1606 as amended 9. NTC 19. Special
amended 10. DAR Agrarian
Courts
20. CSC
2. CRIMINAL
A. ORIGINAL
i. EXCLUSIVE Crimes of Terrorism under Human Security Act of 2007
ii. CONCURRENT
SC SC and RTC
petitions for writs of CPM petitions for CPM against
B. APPELLATE against RTC MTC
NOA INTERMEDIATE REVIEW

(No NOA necessary)
1 From RTC original jurisdiction, except those From the RTC, in cases where the death penalty is
appealable to SB imposed (PP vs. Mateo)
2 From RTC where penalty imposed is RP OR LI or
10
where a lesser penalty is imposed but for offenses

committed on the same occasion or which arose
out of the same occurence that gave rise to the
more serious offense for which the penalty of
death, RP or LI is imposed (sec. 3 rule 122 as
amended by AM 00-5-03-SC)
11
SB:
1. CIVIL
A. ORIGINAL
i. EXCLUSIVE
Civil aspects of sequestration cases. CPMHI... ancillary writs issued
Forfeiture cases
ii. CONCURRENT
SC SC, CA and RTC
1 petitions for issuance of writs of CPMHI and other petitions for CPM relating to an act or omission of
ancillary writs IN AID OF ITS APPELLATE an MTC, or a CBOP (R65, S4)
JURISDICTION, including QW arising in cases as amended by AM 07-7-12-SC)
falling under said EOS 1, 2, 14 and 14-A
(RA 7975, as amended by RA 8249)
2 petitions for issuance of WOA
(Rule on the Writ of Amparo)
3 petitions for issuance of writ of HD
2. (AM 08-1-16-SC)
C when action concerns public data files of gov't
offices
RPC: Crimes committed by Public Officers
R
IMINAL
A. ORIGINAL
i. EXCLUSIVE
1 Violations of RA 3019 (Anti-Graft and Corrupt Practices Act)
2 Violations of Chapter II, Sec. 2, Title VII, Book II of the RPC, where one or more of the accused are
officials occupying the following positions in the government, whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
1) Officials of the executive branch occupying the positions of regional director and higher, otherwise
classified as SG27 and higher, specifically including:
a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial

treasurers, assessors, engineers, and other city department heads;
b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;
c) Officials of the diplomatic service occupying the position of consul and higher;
d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
e) Officers of the Philippine National Police while occupying the position of provincial director and those
holding the rank of senior superintendent or higher;
f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
g) Presidents, directors or trustees, or managers of GOCCS, state universities or educational

institutions or foundations;
h) Members of Congress and officials thereof classified as SG27 and higher;
i) Members of the judiciary, without prejudice to the provisions of the Constitution;
j) Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the
Constitution; and
k) All other national and local officials classified as SG27 and higher under the Compensation and
Position Classification Act of 1989.
Other offenses or felonies, whether simple or complexed with other crimes, committed by the public
officials and employees mentioned in Subsec. a of this Section in relation to their office.
4 civil and criminal cases filed pursuant to and in connection with Eos 1, 2, 14, 14-A (ill-gotten wealth
cases)
5 violations of RA 9160 (AMLA of 2001, as amended by RA 9194, when committed by public officers and
private persons who are in conspiracy with such public officers
ii. CONCURRENT
B. APPELLATE
1 Decisions and final orders of the RTC in the exercise of their original or appellate jurisdiction under PD
1606, as amended (ROC, rule 122) (RA 8249, sec 5)
2 Petitions for the issuance of the writs of CPMHI and other ancillary writs and processes IN AID OF ITS
APPELLATE JURISDICTION and over petitions of similar nature, including QW, arising or that may arise
in cases filed or which may be filed under EO nos. 1,2, 14 and 14-A, issued in 1986, PROVIDED that the
jurisdiction over these petitions shall not be exclusive of the SC.
12
CTA:
1. CIVIL
A. ORIGINAL
i. EXCLUSIVE
In tax collection cases involving final and executory assessments for taxes, fees, charges and
penalties. Provided however that collection cases where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than 1M shall be tried by the proper MTC and
RTC.
ii. CONCURRENT
B. APPELLATE
in tax collection cases:

a. from the judgements, resolutions or orders or the RTC in tax collection cases originally decided
by them, in their respective territorial jurisdiction
b. Over petitions for review of the judgements, resolutions or orders of the RTC in the exercise of
their appellate jurisdiction over tax collection cases originally decided by the MTC
-END OF DAY 1-
13
Cadastral - A proceeding instituted by the Director of Lands by order of the President of the
Philippines, when in his opinion the public interest require that the title to any
land in a
certain municipality be settled and adjudicated
Probate
Gross value - total value of a property before deductions.
Special jurisdiction of MTC - petition for Habeas Corpus in the absence of ALL RTC judges in the
province/city
HOW IS JURISDICTION ACQUIRED OVER:
1. PARTIES
a. Plaintiff - when plaintiff filed complaint
b. Defendant i. valid service of summons

ii. voluntary appearance/submission to the jurisdiction of the court.
2. RES i. seizure of the property under the legal process, or

ii. institution of legal proceedings
3. ISSUE -conferred by law

Determined from the pleadings
4. SUBJECT MATTER -conferred by law

Determined by allegations in the complaint.
5. CLAIM -payment of docket fee
SMALL CLAIMS:
Arising from: contracts of sale, lease, loan, mortgage and services
Damages: fraud, negligence
What is the Exclusive original jurisdiction of the MTC?
What are the 16 cities and 1 municipality

in Metro Manila?
1. Manila
2. Mandaluyong
3. Quezon City
4. San Juan
5. Navotas
6. Malabon
7. Caloocan
8. Marikina
9. Pasig
10. Pasay
11. Paranaque
12. Makati
13. Taguig
14.Las Pinas
15. Muntinlupa
16. Valenzuela
Municipality of Pateros
14
RTC
1. CIVIL
A. ORIGINAL
i. EXCLUSIVE
1 Admiralty and maritime cases DEMAND or exceedS 300,
claim 400
2 Probate proceedings (testate or GROSS VALUE exceedS 300,
intestate) of estate 400
3 All other cases (exclusive of IDALEC) DEMAND or exceedS 300,
value 400
4 Actions involving TIP of real property ASSESSED exceedS 20, 50
VALUE
5 action is incapable of pecuniary action where there a. usury f. injunction
estimation can be no b. quieting of g. breach of
conversion to a title contract
monetary c. h. annulment of
consideration expropriation title
d. action for i. reformation of
support instrument
e. rescission j. specific
performance
6 cases not within the EJ of any CTPB, (general
exercising J-QJF jurisdiction)
7 Applications for issuance of writ of (sec 3, AM 02-1-06-
search and seizure in civil actions for SC)
infringement of intellectual property
rights
8 Violations of AMLA (RA 9160 as
amended by RA
9194)
9 Additional original jurisdiction
transferred under Sec. 5.2. of the
Securities Regulation Code:
a. Devices or schemes employed by, or

any acts of, the board of directors,
business associates, its officers or
partnership, amounting to fraud and
misrepresentation xxx
b. Controversies arising out of intra-

corporate partnership relations xxx;
c. Controversies in the election or

appointment of directors, trustees,
officers, or managers of such
corporation, partnership, or
association; and
d. Petitions of corporations,
partnerships or associations to be
declared in a state of suspension of
payments xxx
ii. CONCURRENT
INSURANCE
MTC COMMISSIONER SC SC and CA SC, CA, SB
1 Application for claims not actions affecting petitions for CPM petitions for
protection order exceeding 100k AOC (consti, Art against inferior CPM relating to
under RA 9262, (insurance code, 8, sec 5(1)) courts and other an act or
sec 10, unless sec 416; PD 612) bodies omission of an
there is a FAMILY Applicable if subject MTC,
COURT in the of the action is NOT or a CBOP
residence of the CAPABLE OF (R65, S4, as
petitioner PECUNIARY amended by AM
ESTIMATION, 07-7-12-SC)
otherwise
jurisdiction is
concurrent with
MTC
2 actions bought to petitions for
prevent and issuance of writ
restrain of amparo
violations of laws (Rule on the Writ
concerning of Amparo)
15
monopolies and
combinations in
restraint of trade
(RA 296, S17 as
amended)
3 petitions for HC petitions for
and QW issuance of writ
of HD
(AM 08-1-16-SC)
iii. SPECIAL
EXCEPT decisions of lower courts in the exercise of delegated jurisdiction, the SC may designate certain branches of RTC to try:
1. criminal cases
2. juvenile and domestic relations cases
3. agrarian cases
4. urban and land reform cases
not falling within the jurisdiction of any quasi-judicial bodies and agencies AND other special cases in the interest of justice
B. APPELLATE
All cases decided by the lower courts in their respective territorial jurisdiction (BP 129)
16
2. CRIMINAL
A. ORIGINAL
i. EXCLUSIVE
1. criminal cases not within the EJ of any CT or B (BP 129, sec 20)
2. criminal cases where the penalty provided by law EXCEEDS 6 years imprisonment irrespective of the fine (RA 7691)
3. criminal cases not falling within the EOJ of the SB, where none of the accused are occupying position corresponding to SG 27 and
higher (RA 7975)
4. in cases where the only penalty provided by law is a fine, the RTC have jurisdiction if the amount of the fine EXCEEDS 4k (RA 7691)
5. Criminal cases under specific laws:
a. Written defamation
b. Jurisdiction of designated courts over cases in violation of the CDDA of 2002 as provided in sec. 90 hereof
6. All cases of money laundering EXCEPT those falling under the jurisdiction of the SB.
ii. SPECIAL
to handle exclusively criminal cases as designated by the SC
B. APPELLATE
All cases decided by the lower courts in their respective territorial jurisdiction (BP 129)
17
MTC
1. CIVIL
A. ORIGINAL
i. EXCLUSIVE
1 Admiralty and maritime cases DEMAND or claim not exceed 300, 400
2 Probate proceedings GROSS VALUE of not exceed 300, 400
(testate or intestate) estate
3 Demand for money DEMAND or value not exceed 300, 400
(exclusive of IDALEC)
4 Actions involving TIP of real ASSESSED not exceed 20, 50
property VALUE
5 Actions involving personal property VALUE not exceed 300, 400
6 Inclusion and exclusion of voters
7 Small claims DEMAND not exceed 100
8 Those covered by the Rules on
Summary Procedure:
a. FEUD
b. other civil cases (except Total amount of plaintiffs
probate) claim not exceed 100,
200
9 Provisional remedies in principal rule 57, 58,
actions within their jurisdiction, and 59 and 60
in proper cases

RTC INSURANCE COMMISSIONER
Application for protection order under RA 9262, claims not exceeding 100k (insurance code, sec
sec 10, unless there is a FAMILY COURT in the 416; PD 612) Applicable if subject of the action is
residence of the petitioner NOT CAPABLE OF PECUNIARY ESTIMATION,
otherwise jurisdiction is concurrent with MTC
iii. SPECIAL
Petition for Habeas Corpus, in the absence of ALL RTC judge in the province/city
2. CRIMINAL
A. ORIGINAL
i. EXCLUSIVE
1. offenses involving damage to property through criminal negligence,

2. All offenses punishable with imprisonment of not more than 6 years irrespective of the fine and regardless
of other imposable accessory or other penalties and the civil liability arising therefrom;
3. All offenses committed not falling within the EOJ of the SB where none of the accused is occupying a
position corresponding to SG 27 and higher
4. In cases where the only penalty provided by law is a fine not exceeding P4,000.00
5. Those covered by the Rules on Summary Procedure:
a. Violation of traffic laws, rules and regulations
b. Violations of the rental law
c. Violations of BP 22
d. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or P1,000
fine irrespective of other penalties or civil liabilities arising therefrom
e. Offenses involving damage to property through criminal negligence where the imposable fine does
ii. SPECIAL not exceed 10,000
Application for bail, in the absence of ALL RTC judge in the province/city
18
Article 415. The following are immovable property: (ASKED IN RECITATION ON TWO SEPARATE DAYS!)
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an
immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated
therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by
the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the
tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an
industry or works which may be carried on in a building or on a piece of land, and which tend directly to
meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their
owner has placed them or preserves them with the intention to have them permanently attached to the land,
and forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either
running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed
place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)
Article 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not included in the preceding article;
(2) Real property which by any special provision of law is considered as personalty;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without impairment of the real
property to which they are fixed. (335a)
Article 417. The following are also considered as personal property: (ASKED IN RECITATION ON TWO
SEPARATE DAYS!)
(1) Obligations and actions which have for their object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate.
(336a)
What is the special jurisdiction of the MTC?
To grant Petition for Habeas Corpus in the absence of ALL RTC judge in the province/city
Purpose of Barangay conciliation 1. Reduce the number of court litigations

2. Prevent deterioration of the quality of justice, brought about by the
indiscriminate filing of cases in court
General rule of Barangay conciliation: No complaint, petition, action or proceeding involving any matter
within the
authority of the lupon shall be filed or instituted directly in court or any
other
government office for adjudication,
Unless there has been a confrontation between the parties before the
lupon
chairman or the pangkat,
And that no conciliation or settlement has been reached as certified by
the
lupon secretary or pangkat secretary as attested to by the lupon chairman
or
19
pangkat chairman or unless the settlement has been repudiated by the

parties
thereto (Sec. 412, RA 7160)
Sec. 408. Subject Matter for Amicable Settlement; Exception thereto.-

The lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of all disputes except:
1. Where one party is the government or any subdivision or instrumentality

thereof;
2. Where one party is a public officer or employee, and the dispute relates
to the performance of his official functions;
3. Offenses punishable by imprisonment exceeding 1 year or a fine
exceeding P5000
4. Offenses where there is no private offended party
5. Where the dispute involves real properties located in different cities or
municipalities, unless the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon
6. Disputes involving parties who actually reside in barangays of different
cities of municipalities, except when such barangay units adjoin each
other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon.
Sec.
ENTITIES AUTHORIZED BY LAW TO BE 412 (instances
PARTIES where the parties may go directly to court)
TO A SUIT INCLUDE:
1. Where the accused is under detention
1. ESTATE of a deceased person
2. Where the accused has otherwise been deprived of personal liberty
2. POLITICAL
calling for PARTY incorporated under BP 68
3. REGISTERED Labor Union habeas corpus proceedings
4. a CONTRACT OF PARTNERSHIP having 3. Wherea capital
actionsofare3000 or more
coupled withbut fails to comply
provisional with the registration
remedies
4. Where the action may otherwise
requirements is nevertheless liable as a partnership to 3rd persons be barred by the statute of limitations.
5. ARCHBISHOP of the Diocese to which the properties of the Roman Catholic Church belong
6. DISSOLVED CORPORATION, concerning suits filed for or against it within 3 years from dissolution, provided the
suits are in connection with the winding up of its affairs.
Effect of pendency of case in Barangay conciliation: toll running of prescriptive period as regards the:
-civil
-offense
Effect of non-compliance with barangay conciliation
1. A MTD may be filed on the ground of failure to comply with a condition precedent.
2. Non-referral is non-jurisdictional, and may therefore be deemed waived if not raised seasonably in a
MTD.
BASIS:
Other conditions precedent:
1. Demand to vacate and pay in unlawful detainer cases

2. Demand to pay in an action for sum of money
3. Earnest effort to reconcile in family disputes
4. Arbitration in terms of contract
5. Certificate of non-forum shopping
6. Verification
7. CBA, grievance machinery
8. Exhaustion of administrative remedies
9. Tender of payment/consignation
10. Barangay conciliation in proper cases
11. Payment of docket fees
Motu propio dismissal for non-compliance? General Rule, No

Except in Summary Proceedings
R9, S1; , R16, S1
Plaintiff did not go through Barangay conciliation, remedy of defendant:
Filed MTDdeniedFile answer and set as affirmative defenseproceed with trialadverse decision
appeal or 65
Remedy of Plaintiff if MTD is granted: refile AND comply with Barangay conciliation
MTD in summary proceeding GR: prohibited pleading in Summary Proceeding
Ex: on the ground of Lack of Jurisdiction OR failure to comply with KatPam
ONLY
20
MTD in small claims Absolutely prohibited (A.M. 08-8-7-SC, October 1, 2008)
Remedy available for failure of conciliation:
if MTD is denied, file answer and raise as an affirmative defense, proceed with trial; adverse decision,
appeal, or with grave abuse of discretion, 65
How is repudiation done: where the consent is vitiated by force, violence or intimidation, or
A petition to nullify the award is filed before the proper city or municipal court
When? Within a period therefor (10 days)

To whom:
when, to whom
Rules on appearance before barangay: non-lawyers, except when the lawyer itself is the party.
Execution of award Sec. 2. Modes of Execution.- The amicable settlement of arbitration award may be
enforced by
execution by the Lupon within 6 months from
1. date of the settlement or
2. date of receipt of the award or
3. from the date the obligation stipulated in the settlement or adjudged in the arbitration
award becomes due and demandable.
After the lapse of such time, the settlement or award may be enforced by the appropriate
local
trial court pursuant to the applicable provisions of the ROC. An amicable settlement
reached in a
case referred by the Court having jurisdiction over the case to the lupon shall be
enforced by
execution by the said court.
-END OF DAY 2-
21
Cause of Action - an act or omission by which a party violates the rights of another.
Elements of COA 1. Right of the plaintiff
2. Obligation on the part of the defendant to respect or not to violate such right
3. An act on the part of the defendant violating the right of the plaintiff
Joinder of Cause of Action
Rule 2, Sec. 5- a party may in one pleading assert, in the alternative or otherwise, as many causes of
action as he may have against an opposing party, subject to the following conditions:
a. the party joining the causes of action shall comply with the
rules on joinder of parties Rules on Joinder of Parties:
1. a right of relief in respect to or
b. the joinder shall not include SCA or actions governed by arising out of the same transaction
special rules [ex. ADR] or series of transactions; and
2. a common question of law or fact
c. where the causes of action are between the same parties
but pertain to different venues or jurisdictions, the joinder may 3. Not proscribed by rules on venue
be allowed in the RTC provided one of the causes of action falls and juris
within the jurisdiction of said court AND the venue lies therein
d. where the claims in ALL the causes of action are principally

for recovery of money, the aggregate amount claimed shall be
the test of jurisdiction [TOTALITY RULE]
What is the Rule on Splitting of Cause of Action
Rule 2, Sec 4- if two or more suits are instituted on the basis of the same COA, the filing of one or a
judgement upon the merits in any one is available as a ground for the dismissal of the others.
REMEDY of Defendant
1. file ANSWER, Res Judicata or Litis Pendentia as affirmative defense

2. file MTD, on the ground of Res Judicata
3. file MTD, on the ground of Litis Pendentia (better if based on forum shopping; if party or counsel is
proven
to have wilfully and deliberately resorted to FS,
summary
dismissal with prejudice, administrative sanctions, and
direct
contempt)
What is the Rule on misjoinder/ non-joinder:
Rule 2, Sec. 6. Misjoinder of Causes of Action.- misjoinder of causes of action is NOT a ground for
dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the
court, be severed and proceeded with separately.
What is the remedy for non-joinder of COA?
Failure to state cause of action vs. Lack of cause of action

Failure to state cause of action Lack of cause of action
1. REMEDY MTD Demurrer to Evidence
Rule 16 Rule 33
Ground: failure to state COA Ground: not entitled to relief/
Lack of COA/
Insufficiency of evidence
2. WHEN MADE Before filing of responsive pleading After prosecution rests case
3. MADE BY Any defending party against whom a claim is ONLY by defendant against
WHOM asserted complaint
3. NATURE OF Without prejudice With prejudice
DISMISSAL
4. REMEDY File answer Present evidence
WHEN DENIED *order of denial of the demurrer is
interlocutory!
5. REMEDY Refile Appeal from order of dismissal of the
WHEN case
GRANTED
When considered rested:

Can there be amendment of the complaint after order of dismissal through1.MTD Finishfor
presentation
failure toof EIC COA?
state
2. Formally offer
YES, as a matter of right, before finality of judgement 3. Court accepted formal offer
(the fact that the defendant filed a MTD means that he did not file an answer;
4. RESTamendment as a matter of right
is allowed before the defendant files an answer)
22
Parties to Civil Action
ONLY natural or juridical persons, or entities authorized by law may be parties in a civil action. [Rule 3,
Sec 1]
-he must have legal capacity to sue
-he must be the real party-interest
ENTITIES AUTHORIZED BY LAW TO BE PARTIES TO A SUIT INCLUDE:

Estate: Juridical being created by law which
1. ESTATE of a deceased person
will manage the properties of the deceased.
2. POLITICAL PARTY incorporated under BP 68
3. REGISTERED Labor Union
4. a CONTRACT OF PARTNERSHIP having a capital of 3000 or more but fails to comply with the registration
requirements is nevertheless liable as a partnership to 3rd persons
5. ARCHBISHOP of the Diocese to which the properties of the Roman Catholic Church belong
6. DISSOLVED CORPORATION, concerning suits filed for or against it within 3 years from dissolution, provided the
suits are in connection with the winding up of its affairs.
The term plaintiff includes whom? The term defendant includes whom?
RULE 3, Section 1. Who may be parties; plaintiff and defendant. Only natural or juridical persons, or
entities authorized by law may be parties in a civil action. The term "plaintiff" may refer to the claiming
party, the counter-claimant, the cross-claimant, or the third (fourth, etc.) party plaintiff. The term
"defendant" may refer to the original defending party, the defendant in a counter-claim, the cross-
defendant, or the third (fourth, etc.) party defendant.
Plaintiff-intervenor -an intervenor who asserts a claim against either or all of the original
parties.
Defendant-intervenor -an intervenor who unites with a defendant in resisting a claim

against
the latter.
Real party-in-interest - the party who stands to be benefited or injured by the judgement
in the suit or
the party entitled to the avails of the suit.
Rule on Real party in interest
Section 2. Parties in interest. A real party in interest is the party who stands to be benefited or injured
by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by
law or these Rules, every action must be prosecuted or defended in the name of the real party in
interest.
Joinder of parties, requirements
Rules on Joinder of Parties:

1. a right of relief in respect to or arising out of the same transaction or series of transactions; and
2. a common question of law or fact
3. Not proscribed by rules on venue and juris
Class suit
Class suit vs. Derivative suit vs. Citizen suit
CLASS SUIT DERIVATIVE SUIT CITIZEN SUIT
an action whose subject matter is An action brought by a Any Filipino citizen in
one of common or general interest stockholder on behalf of the representation of others, including
to many persons so numerous that corporation to enforce corporate minors or generations yet unborn,
it is impracticable to join all as rights against the corporations may file an action to enforce rights
parties, a number of which the directors, officers or other or obligations under environmental
court finds to be sufficiently insiders. laws.
numerous and representative as to A.M. No. 09-6-8-SC
fully protect the interests of all
concerned may sue or defend for
the benefit of all.
(elements of class suit, same as
with the definition)
Death of party
Section 16. Death of party; duty of counsel. Whenever a party to a pending action dies, and the claim is
not thereby extinguished, it shall be the duty of his counsel to inform the court within 30 days after such
death of the fact thereof, and to give the name and address of his legal representative or representatives.
Failure of counsel to comply with his duty shall be a ground for disciplinary action.
23
The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor
heirs.
The court shall forthwith order said legal representative or representatives to appear and be substituted
within a period of 30 days from notice.
If no legal representative is named by the counsel for the deceased party, or if the one so named shall fail to
appear within the specified period, the court may order the opposing party, within a specified time to
procure the appointment of an executor or administrator for the estate of the deceased and the latter shall
immediately appear for and on behalf of the deceased. The court charges in procuring such appointment, if
defrayed by the opposing party, may be recovered as costs.
Actions that survives (rule 3, sec 20)
Sec. 20. Action on contractual money claims.- when the action is for recovery of money arising from contract,
express or implied, and the defendant dies before entry of final judgement in the court in which the action was
pending at the time of such death, it shall not be dismissed but shall instead be allowed to continue until entry
of final judgement. A favourable judgement obtained by the plaintiff therein shall be enforced in the manner
especially provided in these Rules for prosecuting claims against the estate of a deceased person.
Rule of Representative party
Rule on husband and wife
Rule 3, Sec. 4. Spouses as parties.- Husband and wife shall sue or be sued jointly, except as provided
by law
Why? they are administrators of absolute community property.
EXCEPTIONS UNDER THE CIVIL CODE:
1. a spouse without just cause abandons the other or fails to comply with his or her obligations to the family
with respect to the marital, parental or property relations.
2. a spouse of age mortgages, encumbers, alienates or otherwise disposes of his or her exclusive property.
3. the regime of separation of property governs the property relations of the spouses.
Minors and incompetent.
Rule 3, Sec. 5. Minor or incompetent persons.- a minor or a person alleged to be incompetent, may sue
or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad litem
*a person need NOT be judicially declared incompetent, it being sufficient that his incompetency be
ALLEGED in the corresponding pleadings.
Indigent party - a party which has no money or property sufficient and available for food, shelter
and
basic necessities for himself and his family.
Rule in bringing in of new party
Rule 6, Sec. 12. Bringing new parties. When the presence of parties other than those to the original action is
required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court
shall order them to be brought in as defendants, if jurisdiction over them can be acquired
What is a Pleading - written statements of the respective claims and defenses of the parties
submitted to
the court for appropriate judgement
Kinds of Pleading
1. Initiatory - a pleading that initiates an action
(accompanied with verification, CNFS and payment of docket fees)
2. Responsive -a pleading which responds to a pleading
What are the pleadings allowed in Summary Proceeding? In Small claims

SUMMARY PROC SMALL CLAIMS
Complaint 1-SCC (Statement of claim)
Compulsory counterclaim Pleaded in answer Permissive counterclaim, as long as amount within
Small claims
Crossclaim Pleaded in answer Response, with or without compulsory counterclaim
Answers thereto
24
Is Permissive counterclaim allowed in Environmental cases? YES Allowed pleadings in ENVI

CASES
Verified complaint
Counterclaim pleaded in
answer
Crossclaim pleaded in answer
Motion for Intervention
Motion for Discovery
MR of a judgement
-END OF DAY 3-
25
Indispensable party - Parties in interest without whom no final determination can be had of an action
Must be joined under any and all conditions
Presence being a condition sine qua non for the exercise of judicial power
remedy if defendant is not impleaded as an indispensable party -MTD, failure to state COA
Nature of dismissal without prejudice;
R16, S5 and 6
Class suit vs. Derivative suit vs. Citizen suit
Elements of class suit
Rule in bringing in of new party
Rule 6, Sec. 12. Bringing new parties. When the presence of parties other than those to the original action is
required for the granting of complete relief in the determination of a counterclaim or crossclaim, the court
shall order them to be brought in as defendants, if jurisdiction over them can be acquired
Joinder of parties: Misjoinder/non-joinder of parties not ground for dismissal

However, if court ordered joinder and there is failure to obey such,
Remedy is dismissal with prejudice through R17, S3
Effects of death of a party; in contractual obligations (R3, S16 and 20/ R86 and 87)
Rule 3, Sec. 16. Death of Party; duty of counsel.- whenever a party to a pending action dies, and the
claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within 30 days
after such death of the fact thereof, and to give the name and address of his legal representatives.
Failure of counsel to comply with this duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the
appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor
heirs.
The court shall forthwith order said legal representative or representatives to appear and be
substituted within a period of 30 days from notice.
__
R86- Claims against Estate
Sec. 1. Notice to creditors to be issued by court.- immediately after granting letters testamentary or of
administration, the court shall issue a notice requiring ALL persons having money claims against the
decedent to file them in the office of the clerk of said court.
Sec. 2.-Time within which claims shall be filed.- in the notice provided in the preceeding section, the
court shall state the time for the filing of claims against the estate, which shall not be more than 12 nor
less than 6 months after the date of the first publication of the notice. However, at any time before an
order of distribution is entered, on application of a creditor who has failed to file his claim within the
time previously limited, the court may, for cause shown and on such terms as are equitable, allow such
claim to be filed within a time not exceeding 1 month.
How do you claim a favourable judgement against the estate of the deceased?
R3, S20. Action on contractual money claims.- when the action is for recovery of money arising from
contract, express or implied, and the defendant dies before entry of final judgement in the court in
which the action was pending at the time of such death, it shall not be dismissed but shall instead be
allowed to continue until entry of final judgement. A favourable judgement obtained by the plaintiff
therein shall be enforced in the manner especially provided in these Rules for prosecuting claims
against the estate of a deceased person.
R86, S5. Claims which must be filed under the notice. If not filed, barred; exceptions- All claims for
money against the decedent, arising from contract, express or implied, whether the same be due, not
due, or contingent, all claims for funeral expenses and expenses for the last sickness of the decedent,
and judgement for money against the decedent, must be filed within the time limited in the notice;
otherwise they are barred forever, except that they may be set forth as counterclaims in any action that
the executor or administrator may bring against the claimants.
26
Sec. 7- mortgage debt due from estate
4 ways of claiming from the estate when the obligation is supported by a mortgage
1. Substitution of heirs, when death occurred during the pendency of the proceedings
2. Abandon mortgage, file a pure money claim against the estate with the Clerk of Court
3. Judicial foreclosure, claim for deficiency judgement
4. Extrajudicial, NO claim for deficiency judgement
Sec.9. How to file a claim. Contents thereof. Notice to executor or administrator.- A claim may be filed
by delivering the same with the necessary vouchers to the CLERK OF COURT and by serving a copy
thereof on the executor or administrator.
What is the basis for ACTIONS THAT SURVIVE?
RULE 87- ACTIONS BY AND AGAINST EXECUTORS AND ADMINISTRATORS, Sec. 1:
1. Actions for recovery of sum of money, arising from contract, express or implied
2. Action to recover real and personal property
3. Action to enforce a lien thereon
4. Actions to recover damages from injury to person or property
5. Actions to recover damages arising from delicts
6. Actions for torts
7. Quieting of title with damages
68- Foreclosure of REM
Indigent party - a party which has no money or property sufficient and available for food, shelter and
basic necessities for himself and his family.
Remedy of other party vs. Indigent party

Rule in case of indigent party
Sec. 21. Indigent party. A party may be authorized to litigate his action, claim or defense as an
indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has
no money or property sufficient and available for food, shelter and basic necessities for himself and his
family.
Such authority shall include an exemption from payment of docket and other lawful fees, and of
transcripts of stenographic notes which the court may order to be furnished him. The amount of the
docket and other lawful fees which the indigent was exempted from paying shall be a lien on any
judgment rendered in the case favorable to the indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time before judgment is rendered by
the trial court. If the court should determine after hearing that the party declared as an indigent is in fact
a person with sufficient income or property, the proper docket and other lawful fees shall be assessed
and collected by the clerk of court. If payment is not made within the time fixed by the court, execution
shall issue or the payment thereof, without prejudice to such other sanctions as the court may impose.
Rule on husband and wife; exception; what are exclusive properties
R3, S4
Section 4. Spouses as parties. Husband and wife shall sue or be sued jointly, except as provided by law.
FAMILY CODE:
Section 2. Exclusive Property of Each Spouse

(under conjugal partnership of gains)
Art. 109. The following shall be the exclusive property of each spouse:
(1) That which is brought to the marriage as his or her own;

(2) That which each acquires during the marriage by gratuitous title;
(3) That which is acquired by right of redemption, by barter or by exchange with property belonging to
only one of the spouses; and
(4) That which is purchased with exclusive money of the wife or of the husband.
Rule on minors and incompetents; rule 92, sec 2
JURISDICTION VENUE
27
Over the subject matter and Can be waived

Over the nature:
Conferred by law and can not be waived.
Substantive Procedural
Can not be the subject of agreement of the parties May be changed by the written agreement of the
parties
Ground for motu propio dismissal Not ground for motu propio dismissal
Venue vs. Jurisdiction
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Venue: crim vs. Civil; rule 117, sec 3b

VENUE CIVIL CRIMINAL
Purpose For convenience Jurisdictional
Determination kind of action (real or personal) Where crime is committed
Ground for dismissal Improperly venue Lack of jurisdiction over the offense
charged
Nature of dismissal Without prejudice With prejudice
Stipulation Subject to agreement of parties NOT subject to agreement of parties
Waiver Can be waived GR: NOT waived
EX: Failure to object through MTQ
Rules on venue; real actions, real properties, 415

Venue for mixed action: follow venue of real property
Exception:
Venue for non-resident
NON-RESIDENTS FOUND IN PHILS:
1. Personal action - where plaintiff resides

2. Real actions - Where property is located
NON-RESIDENTS NOT FOUND IN PHILS: only in cases involving
1. Personal status of plaintiff -Where plaintiff resides

2. Any property of said defendant located in the Phils -Where property of any portion is situated
Can there be motu propio dismissal for improper venue?

GR: no, not included in R9, S1
Except: Summary Proceedings
Rule 6- PLEADINGS
Pleading- written statements of the respective claims and defences of the parties submitted to the
court
for appropriate judgement
Kinds of Pleading
1. Initiatory - a pleading that initiates an action (accompanied with verification, CNFS and payment of
docket
fees)
2. Responsive -a pleading which responds to a pleading
(not necessarily responds to an initiatory pleading, as a reply is a responsive pleading to
an
answer, the latter being a responsive pleading as well.)
Kinds of initiatory and responsive pleadings

INITIATORY RESPONSIVE
1.complaint 1. Answer to complaint
2. permissive counterclaim 2. Answer to permissive counterclaim
3. crossclaim 3. Answer to crossclaim
4. 3rd/4th party complaint 4. Answer to 3rd/4th party complaint
5. complaint in intervention 5. Answer to complaint in intervention
6. counter counterclaim 6. Answer to Counter counterclaim
7. counter crossclaim 7. Answer to Counter Crossclaim
8 Statement of Claims in Small claims 8. Response in small claims cases
9. Complaints for SCA 9.Answer to complaints for SCA
10. Petitions for SCA 10. Comment or objection to petitions
11. Petitions for Spec Pro 11. Reply
What is the nature of a counter-counterclaim not arising from the same transaction (permissive counter-
counterclaim)?
A permissive counterclaim is an initiatory pleading
Crossclaim -any claim by one party against a co-party arising out of the transaction or
occurrence
that is the subject matter either of the original action or of a counterclaim therein
Principle of recoupment -other term for Compulsory counterclaim
29
A counterclaim which, being cognizable by the regular courts of justice, arises

out of or is connected with the transaction or occurrence constituting the subject
matter of the opposing partys claim and does not require for its adjudication the
presence of 3rd persons of whom the court cannot acquire jurisdiction
SC Resolution 9-21-04 -> suspension of payment of docket fees
Principle of Set-off - other term for Permissive counterclaim
Distinctions between counterclaim and crossclaim

COUNTERCLAIM CROSSCLAIM
DEFINITION Any claim which a defending party Any claim by one party against a co-
may have against an opposing party party arising out of the transaction
or occurrence that is the subject
matter either of the original action
or of a counterclaim therein
AGAINST Adverse party Co-party
KINDS Compulsory and
Permissive
Counter-counterclaim and counter crossclaim

COUNTERCLAIM COUNTER CROSSCLAIM
DEFINITION Any claim which defending party in a Any claim which a defending party
counterclaim may have against the in a
original counterclaimant cross claim may have against the
original cross claimant
3rd party complaint -a claim that a defending party may, with leave of court, file against a person not
a
party to the action, called the 3rd party defendant, for contribution, indemnity,
subrogation or any other relief in respect of his opponents claim
4th party complaint - a claim that a defending party may, with leave of court, file against a person not
a
party to the action, called the 4th party defendant, for contribution, indemnity,
subrogation or any other relief in respect of his opponents 3rd party claim
Complaint in intervention - a claim by a person having an interest in the matter in litigation, or in the
success of
either of the parties, or an interest against both, or is so situated as to be
adversely
affected by a distribution or other disposition of property in the custody of the
court,
whose rights cannot be fully protected in a separate proceeding, and allowed by
the
court to intervene after determination that such intervention will not unduly delay
nor
prejudice the adjudication of the rights of the original parties (R19)
PURPOSE of intervention: payment, indemnity, subrogation
Is crossclaim/counterclaim available to the party intervenor (why, when, basis)
Is compliance with barangay referral in permissive counterclaim or 3rd/4th party-in-intervention necessary?
LGC, sec 412/rule 6/ rule 16treated as new action/initiatory pleadings
Parts of pleadings
CAPTION: BODY:
1. CAPTION 1. name of court 1. designation
2. BODY 2. title of action 2. allegations of party
3. SIGNATURE AND ADDRESS 3. docket number, if claims & defences
4. VERIFICATION assigned 3. relief prayer for
5. CERTIFICATION AGAINST NON-FORUM SHOPPING 4. date of pleading
6. JURAT
COUNSEL SUBJECT TO DISCIPLINARY ACTION:
7. BILL OF PARTICULARS
1. Deliberately files unsigned pleading
2. Signs a pleading in violation of these rule
3. Alleges scandalous or indecent matter therein, or
4. Fails to promptly report to the court a change of his address
30
What is a jurat? Is a jurat a part of a pleading?

2004 RULES ON NOTARIAL PRACTICE The general rule is that pleadings need not be verified.
However, if the law or the Rules require that a pleading
SEC. 6. Jurat. - Jurat refers to an act in which an be verified,verification is done by way of affidavit. In an
individual on a single occasion: affidavit, there is a need for jurat to be present. Hence, in
a verified pleading, a jurat becomes part of a pleading.
(a) appears in person before the notary public and
presents an instrument or document;
(b) is personally known to the notary public or identified

by the notary public through competent evidence of
identity as defined by these Rules;
(c) signs the instrument or document in the presence of

the notary; and
(d) takes an oath or affirmation before the notary public

as to suchallowed
Pleadings instrument or document.
SUMMARY PROC SMALL CLAIMS AMPARO AND DATA ENVI CASES
Complaint 1-SCC Verified written return Verified complaint
Compulsory Permissive counterclaim Counterclaim
counterclaim as long as amount within Pleaded in answer
pleaded in answer Small claims
Crossclaim Response Crossclaim
pleaded in answer With or without pleaded in answer
compulsory counterclaim
Answers thereto Motion for Intervention
Motion for Discovery
MR of a judgement
Prohibited pleadings and motions

3rd party complaint 3rd party complaint 3rd party complaints 3rd party complaints
Reply Reply Reply Reply
Prohibited motions Prohibited motions Prohibited motions Prohibited motions
Intervention Intervention Intervention
Petitions for CPM Petitions for CPM against Counterclaim
against interlocutory interlocutory orders
orders
Petition for relief from Petition for relief from Crossclaim
judgement judgement
Memoranda Memoranda Rejoinder

MTD (except juris and MTD MTD MTD
KB)
MBP MBP MBP MBP
Motion for extension of Motion for extension of Motion for extension of Motion for extension of
time to file PAO time to file PAO time to file PAO time to file PAO
Motion to declare Motion to declare Motion to declare Motion to declare
defendant in default defendant in default defendant in default defendant in default
Dilatory motions for Dilatory motions for Dilatory motions for
postponement postponement postponement
MR MR
MNT MNT
Motion for reopening of Motion for reopening of
trial trial
MR of interlocutory
orders or interim relief
orders
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VERIFICATION- a pleading is verified by an affidavit , stating that:

1. the affiant has read the pleading, and
2. the allegations therein are true and correct of his personal knowledge or based on authentic
records
PURPOSE of verification - to prevent perjury

EFFECT of lack of verification - constitute failure to comply with condition precedent (MTD)
The SIGNATURE of a counsel in a pleading constitute a certificate by him that

1. he has read the pleading, and
2. that to the best of his knowledge, information and belief there is good ground to support it
3. that it is not interposed for delay
PLEADINGS THAT NEEDS TO BE VERIFIED

INITIATORY PLEADINGS: SCA:
1. all initiatory pleadings
1. Complaint 1. Interpleader
2. all SCA
3. all special proceedings 2. Permissive counterclaim 2. Declaratory relief and other..
4. petition for relief from judgement (38) 3. Crossclaim 3. COA/COMELEC
rd th
5. PFR from RTC to CA (42) 4. 3 /4 party complaint 4. Quo Warranto
6. PFR on certiorari from RTC to SC (45) 5. Complaint in intervention 5. Expropriation
7. PFR from QJ bodies to CA (43) 6. Counter counterclaim 6. Foreclosure
8. Appeal by certiorari from CA to SC (45) 7. Counter crossclaim 7. Partition
9. Petition for annulment of JFR (47) 8. FEUD
10. Application for appointment of receiver 9. Indirect contempt
11. Complaint for injunction SPECIAL PROCEEDINGS:
12. Statement of claim for small claims, and response1. Settlement of estate of deceased
13. Petition for the perpetuation of a testimony 2. Escheat
14. Pleadings in Summary Proceedings 3. Guardianship and custody of minors
4. Guardianship of incompetents
5. Trusteeship
6. Domestic adoption
7. Intercountry adoption
8. Habeas corpus
9. Writ of Amparo
10. Writ of Habeas Data
11. Change of name
12. Clerical error act
13. Cancellation and correction of entries in civil registrar
14. voluntary dissolution of corporations
15. Judicial approval of voluntary recognition of minor natural children
ANSWER THAT NEEDS TO BE VERIFIED 16. Declaration of absence and presumptive death
17. Declaration
1. Answer to allegations of usury in a complaint to recover usuriousofinterest
nullity of marriage
18. Legal separation
2. Answer based on actionable document- a document which is the basis of either a claim or a defense
3. Answer in Summary Proceedings
4. Answer in Small claims
5. Answer to written interrogatories
6. Answer to interrogatories to parties
7. Answer to written request for admission
8. Answer with permissive counterclaim
9. Answer with crossclaim
10. Answer to petitions for FEUD, including answer to any counterclaim and crossclaim pleaded in answer
11. Response in Small claims
RESPONSIVE PLEADINGS WITH CERTIFICATE OF NON-FORUM SHOPPING:

1. Answer with Permissive Counterclaim
2. Answer with Permissive Counter Counterclaim
3. Answer with Crossclaim
-END OF DAY 4-
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Verification, define
Pleadings that should be verified (initiatory, responsive, SCA)
Pleading vs. Motion
PLEADING MOTION
Written statement of a partys claims or defenses An application for relief other than a pleading
A partys request, written or oral, to the court for an
order or other action. It shall include an informal
written request to the court, such as a letter
[Rule on Small Claims]
45 vs. 65
RULE 45 RULE 65
Mode of Appeal Mode of review
SCA
Filed with SC only Filed with SC, CA, RTC, SB, COMELEC
MR not required MR required
Pure questions of law Question of jurisdiction,
Whether the lower court acted without or
in excess of jurisdiction or with grave
abuse of discretion amounting to lack or
excess of jurisdiction
Review of the judgement award or final Directed against interlocutory order of the
orders on the merits court, or
Where there is no appeal or any plain,
speedy adequate remedy in course of law.
Filed within 15 days from notice of JFR Filed not later than 60 days from notice of
appealed from the JOR sought to be reviewed
Stays JF appealed from Does not stay the challenged proceeding
Unless coupled with a writ of PI or TRO
Appellant and Appellee are original parties Judge, court, QJA-TCBOP are public
to the case, and the lower court or QJA is respondents who are impleaded in the
not impleaded action
Court exercises appellate jurisdiction and Court exercises original jurisdiction
power of review
Responsive pleadings that should be verified

Should a motion be verified?
same rule with pleadings- need not be verified unless required by law or Rules
The following are the pleadings or motion requiring affidavit or affidavits of merit:
Motion to postpone for absence of evidence (R30 S3)
Motion to postpone for illness of a party or counsel (R30 S4)
Motion for summary judgment or opposition thereto (R35 S1,2,3,5)
Motion for new trial on the ground of fraud, accident, mistake, or excusable negligence or opposition
thereto (r37 S2)
Petition for relief from judgment or order (R38 S3)
Third party claim (R39 S16)
Proof required of a redemptioner (R39 S30)
Motion for preliminary attachment (R57 S3)
Motion for dissolution of preliminary injunction (R58 S6)
Application for writ of -replevin

Forum shopping is an (R60
act S2)
of malpractice of filing multiple suits in different courts either
simultaneously
Claim against estate ofora successively,
decedent (R86 9)
involving the same parties, and asking the courts to rule on the
same or
Motion for new trial onrelated causes
the ground and/ordiscovered
of newly to grant the same in
evidence orcriminal
substantially the same
cases (R121 S4) relief
3 ways of committing forum shopping
1. filing multiple cases based on the same COA and with the same prayer, the previous case not having
been resolved yet (litis pendentia)
33
2. Filing multiple cases based on the same COA and the same prayer, the previous case having been
finally resolved (res judicata)
3. Filing multiple cases based on the same COA, but with different prayers (splitting of COA whether by
litis pendentia or res judicata)
Can there be motu propio dismissal in case of forum shopping?
Yes; Rule 9, Sec. 1, litis pendentia or res judicata
Reason for prohibition of forum shopping
1. To avoid multiplicity of suit

2. To prevent miscarriage of justice
Certification against non-forum shopping
Plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting
a claim for relief, or in a sworn certification annexed thereto and simultaneously filed therewith,
1. that he has not theretofore commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi judicial agency, and, to the best of his knowledge, no such other claim
or action is pending therein
2. if there is such other pending action or claim, a complete statement of the present status thereof
3. if he should thereafter learn that the same or similar action or claim is filed or is pending, he shall
report that fact within 5 days therefrom to the court where his aforesaid complaint or initiatory
pleading has been filed
If acts of party or counsel clearly constitute wilful and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice, direct contempt, and cause for administrative sanctions.
Effects of failure of non-compliance with certification
Submission of a false certification or non compliance with any of the undertakings therein shall
constitute indirect contempt of court without prejudice to corresponding administrative and criminal
actions.
Can there be a motu propio dismissal based on non-compliance with CNFS?
GR: NO;
R7, S5: Failure to comply with the foregoing requirements shall not be curable by mere amendment of
the complaint or pleading but shall be cause for dismissal of the case without prejudice, unless
otherwise provided, upon motion and after hearing. xx
EXCEPT: Summary proceedings
Can you file a MTD in summary procedure based in non-compliance with condition precedent when other
party did not include the certification?
No, not all condition precedent; only KB
Is there a need to include in the certification the dismissal of the previous action under Rule 17, Sec. 1?
NO, jurisprudence
Remedy of defending party in case of non-compliance with the certification? MTD-
non-compliance with condition
precedent
Possible order- dismissal without prejudice
Remedy: refile
Remedy if MTD is denied -Appeal in case of adverse decision

Manner of making allegations in
o Actionable document
o Fraud or mistake - particularly stated
o Malice, intent -generally averred
o Usury
o Judgement of foreign court
Rule 9, Sec. 1
Section 1. Defenses and objections not pleaded. Defenses and objections not pleaded either in a
motion to dismiss or in the answer are deemed waived. However, when it appears from the pleadings or
34
the evidence on record that the court has no jurisdiction over the subject matter, that there is another
action pending between the same parties for the same cause, or that the action is barred by a prior
judgment or by statute of limitations, the court shall dismiss the claim
What is Order of default?

What is Judgement by default
Order of Default Judgment by Default
Order issued by the court on A judgement rendered by the court
plaintiffs motion and at the start of based on the presentation of the
the proceedings, for failure of the plaintiffs evidence ex parte after the
defendant to file his responsive defendant has been declared in
pleading default, and the award shall not
exceed the amount or be different
from the kind of prayer that the
plaintiff complained as the facts and
evidence so warrants.
Interlocutory
Requisites of JBD: 1. Order of default
2. Ex parte presentation of evidence
3. Jurisdiction
Requirements for declaration of default: (R9 S3)
1. The court must have validly acquired jurisdiction over the person of the defendant either by service of
summons or voluntary appearance.
2. Proof of service of summons on the defendant
3. The defendant fails to answer within the time allowed therefore
4. Written motion by claiming party to declare defendant in default (NOT oral motion!) (state R15
requirements)
5. Proof of failure to file answer
6. Defendant must be notified of the motion
7. Hearing set for the motion
35
Remedies of defending party declared in default
a. Before OOD -Motion to admit answer + attach answer
b. After notice of order and before judgement -Motion to set aside/lift OOD (under oath)
Motion to lift, requirements If granted: file answer
1. Failure answer due to FAME If denied: MR (R65, S4; not R37, because
2. Has meritorious defense/ OOD is interlocutory, not final order)
Affidavit of merit (not intended for delay)
MR denied: 65 with TRO/injunction
c. After judgement and before it becomes final - MNT
and executory
d. after judgement becomes final and executor -Relief
e. Grave abuse of discretion -65
FAME, define:
o Fraud -
o Accident -
o Mistake -
o Excusable negligence -
In what instances can there be default
1. No answer in Complaint
Permissive Counterclaim
Crossclaim
3rd/4th party complaint
Complaint in intervention
Interrogatories to parties
Complaint for interpleader
2. There is answer, failure to comply with any mode of discovery (R29, S3)
Effect of order of default: 1. Lose standing

2. Not to participate at the trial
3. Entitled to notice of subsequent proceedings
4. Can be a witness in the case
5. entitled to receive judgement, order or resolution and substantially amended
pleading
Is there default in Modes of Discovery? YES
Sec 5. Failure of party to attend or serve answers. If a party or an officer or managing agent of a
party wilfully fails to appear before the officer who is to take his deposition, after being served with a
proper notice, or fails to serve answers to interrogatories submitted under Rule 25 after proper
service of such interrogatories, the court on motion and notice, may:
1. strike out all or any part of any pleading of that party, or
2. dismiss the action or proceeding or any part thereof, or
3. enter a judgment by default against that party,
and in its discretion, order him to pay reasonable expenses incurred by the other, including
attorney's fees.
Is there Judgement by default in Summary Proceedings? NO, Prohibited motion.

Remedy of plaintiff: -Motion to render judgement
Is there Judgement by default in Interpleader? YES
Sec 5. Answer and other pleadings. Each claimant shall file his answer setting forth his claim
within 15 days from service of the summons upon him, serving a copy thereof upon each of the other
conflicting claimants who may file their reply thereto as provided by these Rules. If any claimant fails
to plead within the time herein fixed, the court may, on motion, declare him in default and thereafter
render judgment barring him from any claim in respect to the subject matter.
36
The parties in an interpleader action may file counterclaims, cross-claims, third-party complaints
and responsive pleadings thereto, as provided by these Rules
Can MTC issue order of default? YES, in ordinary proceedings, not summary
Remedies/instances for denial of declaration of default
MTC
OOD -> DENIED -> MR -> DENIED -> 65 with TRO -> DENIED -> MR R37 with RTC -> DENIED -> R41 -> DENIED
-> CA MR R52 -> DENIED -> SC R45 DENIED -> SC MR R52
What is interlocutory order? -an order emanating from the court which does not dispose of the
case
completely and leaves something else to be done.
-END OF DAY5-
37
What is Amendment? Amendment is an act of adding, changing, substituting or omitting

something
from a pleading, or instrument.
R10, S1. Amendments in general. Pleadings may be amended by:
a. Adding or striking out an allegation, or the name of any party, or

b. By correcting a mistake in the name of a party, or
c. Correcting a mistaken or inadequate allegation or description in any other respect,
so that the actual merits of the controversy may speedily be determined, without regard to
technicalities, and in the most expeditious and inexpensive manner.
Kinds of amendment
o Substantial - Amendment of the pleading which would change the original COA
o Formal -Amendment to cure a defect in the designation of the parties and other
clearly
clerical or typographical errors.
May be summarily corrected by the court at any stage of the action, at its
initiative or on motion, provided no prejudice is caused thereby to the
adverse
party.
o As a matter of right - Amendment made before the other party has served a responsive
pleading, or
in the case of a reply, at any time within 10 days after it is served.
o To conform to evidence - When there are issues raised in the trial and pieces of evidence thereto
which
have not been raised and do not conform to the issues in the pleadings of
the
parties.
If said issues are tried with the express or implied consent of the parties,
they
shall be treated in all respects as if they had been raised in pleadings
o To confer jurisdiction -
o As a matter of discretion/ - Amendment made after the other party has served a responsive
pleading,
By leave of court or when it involves substantial amendments.
Such leave may be refused if it appears to the court that the motion was
made
with intent to delay.
Requisites:
1. Motion filed in court
2. Notice to adverse party
3. Opportunity to be heard (R10, S3)
Amended pleading vs. Supplemental pleading

AMENDED PLEADING SUPPLEMENTAL PLEADING
1. Refers to facts existing at the time of the 1. Refers to facts arising after the filing of the original
commencement of the action pleading
2. Takes the place of the original pleading 2. Taken together with the original pleading
3. Can be made as matter of right when no responsive 3. Always with leave of court
pleading has yet been filed
4. When amended pleading is filed, a new copy of the 4. A supplemental pleading does not require the filing
entire pleading must be filed of a new copy of the entire pleading
5. Amendment as a matter of right is to be answered 5. A supplemental pleading may be answered within
before the filing of the responsive pleading, (within 15 10 days from notice of the order admitting the same,
days after being served with a copy thereof)(R11 S3) unless a different period is fixed by the court. The
answer to the complaint shall serve as answer to the
Amendment by leave of court is to be answered within supplemental complaint if no new or supplemental
10 days from notice of the order admitting the same. answer is filed (R11 S7)
An answer earlier filed may serve as the answer to the
amended complaint if no new answer is filed (R11 S3)
6. Supersedes original pleading 6. Supplements original pleading
7. With or without leave of court 7. With leave of court
Effects of Amendment
38
1. An amended pleading supersedes the pleading that it amends.
2. The admissions in the superseded pleadings may be received in evidence against the pleader
3. Claims or defences alleged therein not incorporated in the amended pleading shall be deemed
waived
4. The admissions made in the original pleading shall be treated as an extrajudicial admission which
shall be alleged and proved
5. Any ancillary order/remedy issued in the original pleading shall be deemed vacated or lifted
6. it requires another CNFS if it is a substantial amendment of the original complaint; and
7. In case the complaint is amended, it requires the service of summons if the defendant has not yet
appeared before the court and submitted to its jurisdiction.
What is the effect of amendment to order of default? -lifts the OOD

Service of summons in case of amendment;
If the old pleading is superseded, is a new summons required to be served upon the defendant?
Although it is well-settled that an amended pleading supersedes the original one, and is no longer
considered part of the record, it does NOT follow that new summons should be served. Where the
defendant has already appeared before the court by virtue of the summons in the original complaint (as
when defendant has filed a MTD or an answer), the amended complaint may be served upon him without
need for another summons even if new causes of action are alleged in the amendment. Conversely, a
defendant who has not yet appeared must be served with summons. It is not therefore, the change of
the COA that gives rise to the need to serve new summons.
Can you amend a pleading even though there is a MTD filed? YES, because a MTD is not a responsive
pleading.
Hence, his right to amend his complaint is not
affected
by the filing of the MTD
Can you amend a pleading after MTD is granted? -YES, Amendment of the complaint maybe allowed
even
if an order for its dismissal has been issued as long
as
the motion to amend is filed before the dismissal
became final.
Can there be amendment in MTC? YES, no prohibition

Amendment, Civil vs. Criminal
CIVIL CRIMINAL
SUBJECT Pleading Complaint or information
LOC:
without Before arraignment Before responsive pleading
with After arraignment and before trial, After responsive pleading,
Only formal amendment, Substantial amendment
Without causing prejudice to rights of
accused
NOTES: Amendment before plea, which downgrades
the nature of offense charged, or
Excludes any accused from complaint or info
Made only upon motion by prosecutor, with
notice to offended party and LOC.
Court shall state reasons in resolving the
motion, and copies furnished to all parties
Is Amendment applicable in special proceeding? YES, suppletory??
Remedy in case of denial of amendment as a matter of right -Mandamus
Remedy in case amendment as a matter of discretion is denied -Certiorari
Remedy in case of denial of motion to amend pleading to confer jurisdiction -Mandamus, because
amendment of pleading to
confer jurisdiction can only
be granted if still a matter of
right, as such, compellable
by Mandamus
Remedy in case of denial of motion to amend pleading to conform to evidence -proceed with trial
Adverse decision: Appeal
and assign as error
What is a responsive pleading? A pleading that responds to allegations in the adverse partys
pleading
39
What is the period to file a responsive pleading?

1. Answer to complaint 15 days after service of summons, unless different period is fixed by
court
defendant is a FPJE and service of
summons is made:
-to a resident agent

15 days from service of summons to him
-no resident agent but has an agent
or officer in the Philippines 15 days after service of summons to said agent or officer
-if it has no resident agent nor an

agent or officer, and summons is 30 days after receipt of summons by the home office of the foreign
made on the proper government private entity
office designated by law to receive
the same (SEC), which will then send
a copy thereof by registered mail
within 10 days to the home office of
the foreign private corporation
summons by publication time specified in the order granting leave to serve summons by
publication which shall not be less than 60 days after notice
Non- resident defendant in whom at least 60 days.

extraterritorial service of summons is
made
2. Answer to permissive counterclaim 10 days from service

3. Answer to crossclaim 10 days from service
4. Answer to 3rd/4th party complaint 15 days after service of summons, unless different period fixed by
5. Answer to complaint in intervention court
15 days from notice of order admitting the same, unless
6. Answer to Counter counterclaim Different period fixed by court
7. Answer to Counter Crossclaim 10 days from service?
8. Response in small claims cases 10 days from service?
9. Answer in Summary proceedings 10 days from service of summons
10.Answer to complaints for SCA 10 days from service of summons
11. Comment or objection to petitions
(SCA)
12. Comment or objection to petitions
(SP) 10 days from service of pleading responded to
13. Reply 10 days from receipt
14. Answer to written interrogatories 15 days from receipt
15. Answer to request for written -
admission 15 days from service
16. Answer to amended complaint: 10 days from notice of order admitting the same
Matter of right 10 days from order admitting the same,
Matter of discretion unless different period fixed by court
17. Answer to Supplemental Complaint 5 days from service, non-extendible
10 days from service, non-extendible
18. Verified return, amparo and data 10 days from service
19. Verified return, kalikasan
20. Comment in Continuing Mandamus
Filing vs. Service

FILING SERVICE
Act of presenting the pleading or paper to the COC Act of providing a party with a copy of the pleading or
paper concerned
What is constructive service of pleadings - R13 S10

Service by registered mail is complete....after 5 days from the date
he
received the notice of the postmaster, whichever date is earlier
40
Modes of service of pleading

A. Personal service 1. delivering personally a copy to the party or his counsel
2. a. by leaving it in his office with his clerk or with a person having charge thereof
b. if no person is found in his office ,

his office is not known,
has no office
leave the copy between the hours of 8 in the morning and 6 in the evening, at the
party's or counsel's residence, if known, with a person of suitable age and
discretion then residing therein
B. By mail (registered mail)
1. depositing the copy in the office, in a sealed envelope, plainly addressed to the party
or his counsel at his office, if known; otherwise
2. at his residence, if known, with postage fully prepaid, and with instructions to the
postmaster to return the mail to the sender after 10 days if undelivered.
If no registry service is available in the locality of either the sender or the addressee,
service may be done by ordinary mail
C. Substituted Delivering copy to the COC, with proof of failure of both personal service and service
Service by mail
if service of PMNROO are not made under the 2 preceeding sections the office and
place of residence of the party or his counsel being unknown
When is service deemed completed
Personal Service (R13 S10)
Personal service is complete upon actual delivery or by handling a copy to defendant
Service by mail (R13 S10)
Service by ordinary mail is complete upon the expiration of 10 days after mailing, unless the court
otherwise provides.
Service by registered mail is complete upon actual receipt by the addressee or after 5 days from the
date he received the first notice of the postmaster, whichever date is earlier.
Substituted Service (R13 S8)
Substituted service is complete at the time of delivery of the copy to the clerk of court, with proof of
failure of both personal service or service by mail.
Notice of Lis Pendens
in an action affecting the title or the right of possession of real property, the plaintiff and the defendant,
when affirmative relief is claimed in his answer, may record in the office of the registry of deeds of the
province in which the property is situated a notice of the pendency of the action. Said notice shall
contain the names of the parties and the object of the action or defense, and a description of the
property in that province affected thereby. Only from the time of filing such notice for record shall a
purchaser, or encumbrancer of the property affected thereby, shall be deemed to have constructive
notice of the pendency of the action, and only of its pendency against the parties designated by their
real names.
the notice of lis pendens hereinabove mentioned may be cancelled only upon order of the court, after
proper showing that the notice is for the purpose of molesting the adverse party, or that it is not
necessary to protect the rights of the party who caused it to be recorded.
Grounds for cancellation of Lis Pendens 1. Molestation of adverse party

2. Not necessary to protect the interest
3. adjudication of title/case
41
Remedy if register of deeds denied the annotation
Appeal to LRA -> Rule 43
**CIVIL LAW Answers to the BAR as Arranged by Topics (Year 1990-2006)

What is the procedure of consulta when an instrument is denied registration?
SUGGESTED ANSWER:
1) The Register of Deeds shall notify the interested party in writing, setting forth the defects of the
instrument or the legal ground relied upon for denying the registration, and advising that if he is not
agreeable to such ruling, he may, without withdrawing the documents from the Registry, elevate the
matter by Consulta to the Administrator of the LRA.
2) Within 5 days from receipt of notice of denial, the party-in-interest shall file his Consulta with the
Register of Deeds concerned and pay the consulta fee.
3) After receipt of the Consulta and payment of the corresponding fee the Register of Deeds makes an
annotation of the pending consulta at the back of the certificate of title.
4) The Register of Deeds then elevates the case to the LRA Administrator with certified records thereof
and a summary of the facts and issues involved.
5) The LRA Administrator then conducts hearings after due notice or may just require parties to submit
their memoranda.
6) After hearing, the LRA Administrator issues an order prescribing the step to be taken or the
memorandum to be made. His resolution in consulta shall be conclusive and binding upon all Registers
of Deeds unless reversed on appeal by the Court of Appeals or by the Supreme Court. (Section 117, P.D.
1529).
The procedure of consulta is a mode of appeal from denial by the Register of Deeds of the registration of
the instrument to the Commissioner of Land Registration.
Within five days from receipt of the notice of denial, the interested party may elevate the matter by
consulta to the Commissioner of Land Registration who shall enter an order prescribing the step to be
taken or memorandum to be made. Resolution in consulta shall be binding upon all Registers of Deeds
provided that the party in interest may appeal to the Court of Appeals within the period prescribed (Sec.
117, P.D. 1529).
Litis Pendentia vs. Lis Pendens

LIS PENDENS LITIS PENDENTIA
buyer beware a situation when 2 actions are pending
a remedy in case a real property is subject between thesame parties for the same
of an action, wherein the plaintiff and the COA, so that one of them becomes
defendant, when an affirmative relief is unnecessary and vexatious.
claimed in his answer, may record in the
Register of Deeds of the province where the
real property is situated a notice of the
pendency of an action
PURPOSE 1. To keep the property subject of the A ground for dismissal of the action
litigation within the power of the court until
entry of judgement in order to prevent its
defeat by successive alienations; and
2. To bind the purchaser, good or bad faith,
of the property subject of the litigation to
the judgement that the court will
subsequently promulgate
Made through notice filed with the RD Made through MTD and filed with the court
where the property is located where the case is pending
REMEDY In case of denial of notice of Lis Pendens, In case MTD based on Litis Pendentia is
the remedy is to appeal within 5 days to the denied, the remedy is to file an answer
LRA en consulta within the remaining period but in no case
less than 5 days
WHEN FILED Filed after filing of an action in court but Filed before the filing of a responsive
before finality of judgement pleading
TERCERIA - if the property attached is claimed by a 3rd person, such person shall execute an affidavit of his
title to
or right of possession to the property attached stating in the affidavit the grounds of such right
or title. He shall serve the affidavit upon the sheriff and a copy thereof to the attaching party.
When so served, the sheriff shall not keep the property attached. The 3rd party claim is called
terceria. The attaching party may however, defeat the terceria if he files a bond to protect the
sheriff who shall then not be liable for the taking or keeping of the property to the 3rd party
42
claimant if such bond is posted. The bond does not however, prevent the claimant from
vindicating his claim to the property by filing an action against the sheriff. Even the attaching
party may claim damages from the claimant if the latter's claim is frivolous [R39, S14]
What is Summons? Kinds
Summons - Writ or process in the name of the Republic of the Philippines, issued by the Branch
clerk of
court informing the defendant of the filing of the case against him, to file an answer within
the reglementary period, or else, be declared in default.
KINDS:
1. Original Summons - issued by the branch clerk of court to the defendants upon the filing of the
complaint
and the payment of the requisite docket fees
2. Alias Summons - issued by the branch clerk of court upon motion of the plaintiff in case
the summons
are lost, destroyed, improperly served, or there is defect in the manner or form of
service
Purpose: 1. To inform
2. To acquire jurisdiction
3. Due process
o Summons must be served together with Copy of complaint and Annexes
Summons vs. Subpoena

SUMMONS SUBPOENA
(R21 S1)
a writ or a process issued to a defending party by the A process directed to a person requiring him to
clerk of court, delivered by a sheriff, his deputy, or attend and to testify at the hearing or trial of an
proper court office, or any suitable person authorized action, or at any investigation conducted by
by the court issuing the summons, with the purpose of competent authority or for the taking of his
obtaining jurisdiction over the person of the defendant deposition. (Subpoena ad testificandum)
and giving him notice that an action has been
commenced against him A process directed to a person requiring him to
bring with him any books, documents, or other
things under his control (Subpoena duces tecum)
Purpose is to obtain jurisdiction over person of Order for a person to appear and to testify at a
defendant, and to give notice to defendant that an action hearing, action, investigation, or for taking of his
has been commenced against him, ordering defendant deposition OR to produce books, documents, or
to answer the complaint within the time fixed by these other things under his control (R21 S1)
Rules, and unless defendant answers, plaintiff will take
judgment by default and may be granted the relief
applied for (R14 S2)
Served on the defendant May be served to a non-party
Does not need tender of kilometrage and other fees Needs tender of kilometrage, attendance fee, and
reasonable cost of production fee
Original or alias Ad testificandum or duces tecum
Upon filing of the complaint and payment of requisite During trial or investigation
docket fees
Bill of Particulars vs. Order of Bill of Particulars vs. Motion for Bill of Particulars
BOP ORDER OF BOP MOTION FOR BOP
A more definite statement of fact Application before the court for a
and material allegations in the more definite statement of the facts
pleadings and material allegations in the
pleading
Formal and litigated motion
Effects of failure to comply with the order of Bill of Particulars
If the order is not obeyed or if there is an insufficient compliance of the order, the court has the following
options:
a. to order the striking out of the pleading

b. to order the striking out of the portions of the pleading to which the order was directed
c. to make such other order it may deem just
Remedy in case of denial of Motion of Bill of Particulars File answer, or resort to modes of Discovery
Bill of Particulars, civil vs. Criminal
CIVIL CRIMINAL
43
When 1. before responsive pleading, or in reply, 1. Before arraignment

10 days from receipt
Remedy:
Denial File responsive pleading, unless Proceed with arraignment and enter
GAD= 65 plea, unless GAD= 65
Subject 3. Pleading 3. Complaint or information
Is there a Bill of Particular before MTC? YES, except in Summary Proceedings and Small Claims
(prohibited)
Modes of Service of Summons

1. Service in person of defendant Whenever practicable, handing a copy to the defendant in person,
(Personal Service) or if he refuses, by tendering
2. Substituted service a. Leaving copies of the summons at the defendants residence with
some person of suitable age and discretion then residing therein,
OR
b. Leaving the copies at defendant's office or regular place of
business with some competent person in charge thereof
3. Service upon prisoners service shall be effected upon him by the OFFICER having the
management of such jail or institution who is deemed deputized as
a special sheriff for said purpose
4. Service upon minors and Service shall be made upon him personally and on his legal
incompetents guardian if he has one, or if NONE, upon his guardian ad litem
whose appointment shall be applied for by the plaintiff.
in the case of a minor, service may also be made on his father or

mother
5. Service upon DOMESTIC private when the defendant is a CPA organized under the laws of the
juridical entity Philippines with a juridical personality, service may be made on
the:
President
Managing partner
General Manager
Corporate Secretary
Treasurer or
In-house counsel
(list exclusive)
6. Service upon FOREIGN private Defendant is a FPJE which has transacted business in the Phils:
juridical entity
* am 11-3-6, electronic summons, RESIDENT AGENT designated in accordance with law for that
3/15/2011 purpose.
if there be no such agent, on the gov't official designated by law

to that effect or any of its officers or agents within the Phils.
If the FPJE is NOT registered in the Phils or has no resident agent:
service may, with LEAVE OF COURT, be effected out of the Phils

through any of the following means:
a. By personal service coursed through the appropriate court in

the foreign country with the assistance of the DFA
b. By publication once in a newspaper of general circulation in

the country where the defendant may be found AND by serving a
copy of the summons AND the court order by registered mail at
the last known address of the defendant
c. By facsimile or any recognized electronic means that could

generate proof of service
d. By such other means as the court may in its discretion direct.
Is there an instance where summons by publication is proper in case the action is one in personam and not in
rem? YES
1. Rule 14, Sec 14. Service upon defendant whose identity or whereabouts are unknown. In any action
where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are
unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon
him by publication in a newspaper of general circulation and in such places and for such time as the
court may order.
2. If defendant is not as described as above (identity or whereabouts unknown)

44
Convert an action in personam into an action quasi in rem.

Conversion is done by attachment.
What is tendering
Tendering summons to defendant (R14 S6)
In case defendant refuses to receive or sign for it, by tendering it to him, done through:
1. Leaving copy of the summons to the defendant who refuses to receive it
2. The officer serving the summons shall make an affidavit addressed to the court stating that the time,
place, manner of service of summons, and that despite efforts to try and serve the summons in
person on defendant, the same refused to receive it, as well as the manner of non-receipt
-END OF DAY 6-
45
Rule of voluntary appearance - the voluntary appearance of the defendant in court without
qualification,
in which case he is deemed to have waived his defense of lack of
jurisdiction
over his person due to improper service of summons.
Requirements to make the appearance not be considered as a voluntary submission to the courts jurisdiction
MTD- lack of juris over person, irrespective of presence of another ground for dismissal.
What is Motion? -An application for relief other than a pleading

-A partys request, written or oral, to the court for an order or other action. It shall
include an informal written request to the court, such as a letter [SMALL CLAIMS]
Kinds of Motion
o Litigated -a motion which is made with notice to the adverse party to give an opportunity to oppose
o Non-litigated -a motion where notice to the adverse party and hearing is not required
o Ex parte -a motion made without the presence or a notification to the other party because the
question
generally presented is not debatable
o Special -a motion which is addressed to the sound discretion of the court
o Oral -a motion made in open court
o Of course -a motion where the movant is entitled to the relief or remedy sought as a matter of
discretion
on the part of the court
o Written - a motion which is formally placed in writing
o Informal
o Formal
KINDS OF EX PARTE MOTION: KINDS OF LITIGATED MOTION:

Motion to set case for pre-trial
Motion to reset pre trial MTD
Motion to postpone pre trial motion for summary judgement
Motion to extend time for filing pleadings forum shopping (RULE 7, SEC 5)
Motion for the sale of mortgaged property Motion to declare defendant in default
Motion for judgment on the pleadings
VERIFIED MOTIONS: Motion for new trial
1. Motion to set aside a default order Motion for reconsideration
2. Motion to postpone for absence of evidence Motion to dismiss complaint upon plaintiffs motion
3. Motion to postpone for illness of a party or counsel Motion to lift order of default
4. Motion for Summary judgement or opposition thereto Motion to declare a party in direct contempt
5. Motion for new trial on the ground of FAME or Motion for demurrer to evidence
opposition thereto Motion for consolidation or severance of case
6. Motion for Preliminary attachment Motion for trial by commissioner
Motion to strike out evidence or testimony off the record
7. Motion for dissolution of preliminary injunction
Motion for discretionary execution
8. Application for writ of replevin
Motion for execution
9.MNT on groundofofanewly-discovered
Requirements written motion evidence
1. It must be set for hearing by the applicant

2. It is required to be heard
3. The notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other
party at least 3 days before the date of hearing, unless the court for good cause sets the hearing on
shorter notice
4. The notice of hearing shall be addressed to all parties concerned
5. It shall specify the time and date of the hearing which must not be later than 10 days after the filing of
the motion
6. No written motion set for hearing shall be acted upon by the court without proof of service thereof
Contents of a motion
1. Relief sought to be obtained

2. Ground upon which it is based; and
3. If required by these rules or necessary to prove facts alleged therein, shall be accompanied by
supporting affidavits and other papers.
Exceptions to the 3-day rule
1. Ex Parte Motions
2. Urgent motions
46
3. Motions agreed upon by the parties to be heard on shorter notice or jointly submitted by the parties
4. Motions for summary judgement which must be served at least 10 days before its hearing
5. Motion for issuance of a writ of possession (foreclosure)
Effects of failure to comply with the requirements of a valid motion
1. Mere scrap of paper

2. Produces no legal effect
3. Court has no authority to act upon it
4. Pro forma
5. Not toll the running of prescriptive period to appeal or file pleadings
6. Deemed not filed
7. Clerk of Court has no right to receive such
8. Ground for denial of motion
9. Presenting no question for the court to decide
10. Should not be accepted for filing
11. If filed, not entitled to judicial cognizance
12. treated as one filed merely for delay
13. Fatally defective
14. Presents no question which the court could decide
What is a Motion to Dismiss - an application for the dismissal of the action based on the grounds set forth
under Sec.
1 Rule 16 to be filed before the filing of a responsive pleading
Nature of MTD 1. Litigated

2. Omnibus
Omnibus Motion Rule - a motion attacking a pleading, order, judgement, or proceeding shall
include
all objections then available, and all objections not so included shall be deemed
waived, except those grounds provided in R9, S1.
Grounds for MTD
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or
otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the provisions of the statute of
frauds; and
(j) That a condition precedent for filing the claim has not been complied with.
MOTION TO QUASH COMPLAINT OF INFORMATION- grounds

[CRIMPRO]
1. facts charged do not constitute an offense

2. court trying the case has no jurisdiction over the offense
charged
3. court trying the case has no jurisdiction over the person of the accused
4. officer who filed the information had no authority to do so
5. does not conform substantially to the prescribed form
6. more than 1 offense is charged except when a single punishment for various offenses is prescribed
by law
7. criminal action or liability has been extinguished
8. contains averments which, if true, would constitute a legal excuse or justification
9. accused has been previously convicted or acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his express consent
47
What is Statute of Fraud - is a law, statute or provision which requires certain contracts or
agreements to
be in writing before they can be proved and enforced in a judicial action
Laches as a ground for MTD -allowed; it is under (h) That the claim or demand set forth in the
plaintiff's
pleading has been paid, waived, abandoned, or otherwise extinguished;
Lis Pendens vs. Litis Pendentia

LIS PENDENS LITIS PENDENTIA
a remedy in case a real property is subject a situation when 2 actions are pending
of an action, wherein the plaintiff and the between thesame parties for the same
defendant, when an affirmative relief is COA, so that one of them becomes
claimed in his answer, may record in the unnecessary and vexatious.
Register of Deeds of the province where the
real property is situated a notice of the
pendency of an action
PURPOSE 1. To keep the property subject of the A ground for dismissal of the action
litigation within the power of the court until
entry of judgement in order to prevent its
defeat by successive alienations; and
2. To bind the purchaser, good or bad faith,
of the property subject of the litigation to
the judgement that the court will
subsequently promulgate
Made through notice filed with the RD Made through MTD and filed with the court
where the property is located where the case is pending
REMEDY In case of denial of notice of Lis Pendens, In case MTD based on Litis Pendentia is
the remedy is to appeal within 5 days to the denied, the remedy is to file an answer
LRA en consulta within the remaining period but in no case
less than 5 days
WHEN FILED Filed after filing of an action in court but Filed before the filing of a responsive
before finality of judgement pleading
What are the different Conditions precedent?
1. Demand to vacate and pay in unlawful detainer cases

2. Demand to pay in an action for sum of money
3. Earnest effort to reconcile in family disputes
4. Arbitration in terms of contract
5. Certificate of non-forum shopping
6. Verification
7. CBA, grievance machinery
8. Exhaustion of administrative remedies
9. Tender of payment/consignation
10. Barangay conciliation in proper cases
11. Payment of docket fees
Rule 16 vs. Rule 33

MTD (Rule 16) Demurrer (Rule 33)
1. made before the filing of the answer 1. made after the plaintiff rests his case
2. many grounds in sec 1, rule 16 2. only 1 ground (not entitled to relief)
3. remedy if denied: file answer 3. remedy if denied: present evidence
4. remedy if granted: refile /appeal complaint depending 4. remedy if granted: appeal from order of
on ground dismissal
5. filed by any defending party against whom a claim is 5. filed ONLY by the defendant against complaint
asserted of plaintiff
Motu Propio dismissals
1. Rule 9, Sec. 1: Res Judicata

Litis Pendentia
Prescription
Lack of jurisdiction over the subject matter
2. Rule 17, Sec. 3 Plaintiff fails to appear on date of presentation of his evidence in chief on the complaint
Plaintiff fails to prosecute his action for an unreasonable length of time
Plaintiff fails to comply with Rules or orders of the Court
3. Summary proceedings
4. Small Claims
48
5. Willful and deliberate Forum shopping
Is there MTD in MTC? YES, in ordinary proceedings; prohibited in Summary Proceedings
Rule 17, Sec 1 - Dismissal upon notice of plaintiff
o Requirements of 2-dismissal rule: 1. Plaintiff has twice dismissed actions

2. The 2 actions are based on or including the same claim
3. The court which dismissed the claim has competent jurisdiction
o Nature of dismissal GR: without prejudice

Except: 1. If the notice of dismissal provides with prejudice
2. 2-dismissal rule
3. The notice is premised on the fact of payment by the
defendant of the claim involved
o When to file Anytime before service of the answer or of a motion for summary
judgement
Rule 17, Sec. 2 - Dismissal upon motion of plaintiff
o When to file -After either an answer or motion for summary judgement has
been
served on the plaintiff
o Effects of dismissal under Sec. 2: 1. The dismissal is without prejudice

2. If a counterclaim has been pleaded by a defendant prior to the
service upon him of the plaintiffs motion for dismissal, the
following effects are:
a. The dismissal shall be limited to the complaint

b. The dismissal shall be without prejudice to the right of the
defendant to prosecute his counterclaim in a separate action,
unless within 15 days from notice of the motion he manifests
his preference to have his counterclaim resolved in the same
action.
Rule 17, Sec. 3 Dismissal due to the fault of the plaintiff
o Grounds 1. Plaintiff fails to appear on date of presentation of his evidence in

chief on the complaint
2. Plaintiff fails to prosecute his action for an unreasonable length
of
time
3. Plaintiff fails to comply with Rules or orders of the Court
o Nature of dismissal -With prejudice/Shall have the effect of an adjudication upon the
merits, unless otherwise declared
-can be motu propio
What is Pre-trial? A pre-trial is a mandatory procedural device held prior to the trial for the court to
consider the
following purposes:
(a) The possibility of an amicable settlement or of a submission to alternative modes

of dispute resolution;
(b) The simplification of the issues;
(c) The necessity or desirability of amendments to the pleadings;
(d) The possibility of obtaining stipulations or admissions of facts and of documents

to avoid unnecessary proof;
(e) The limitation of the number of witnesses;
(f) The advisability of a preliminary reference of issues to a commissioner;
(g) The propriety of rendering judgment on the pleadings, or summary judgment, or

of dismissing the action should a valid ground therefor be found to exist;
(h) The advisability or necessity of suspending the proceedings; and
49
(i) Such other matters as may aid in the prompt disposition of the action.
Can pre-trial be waived?
YES, Madrid vs. Mapoy, Aug. 14, 2009

Petitioners failed to move that a pre-trial be held
Where the trial proceeded without any objections on the part of the petitioners-defendants by their failure
to bring the matter to the attention of the RTC, the petitioners-defendants are deemed to have effectively
forfeited a procedural right granted them.
No prejudice could have resulted to the petitioners defendant. While belatedly summoned, they did not
raise a substantial matter in their answer differently from those propounded by the original defendants-
their predecessors in interest- but merely echoed their arguments and positions. Petitioners had the
opportunity to fully ventilate their position.
Rule 18 (civil) vs. Rule 118 (criminal)

CIVIL CRIMINAL
Governed by Rule 18 Governed by Rule 118
set by PLAINTIFF by ex parte motion to set the case ordered by COURT
on pretrial
made after the last pleading was served and filed after arraignment, within 30days from date court
acquires jurisdiction over accused
considers possibility of amicable settlement as does NOT consider possibility of amicable settlement
important objective as one of its purpose
minutes of preliminary conference to be signed by all agreements and admissions should be signed by
EITHER party and counsel BOTH counsel and accused
sanctions for non-appearance is imposed upon sanctions for non-appearance imposed on COUNSEL
parties or PROSECUTOR
pretrial brief is required pretrial brief NOT required, except in Sandiganbayan
Pretrial/Preliminary Conference; Ordinary actions vs. Summary proceedings

PRE-TRIAL PRELIMINARY CONFERENCE
Governed by Rule 18 Governed by Rule on Summary
Proceeding
Motion to set case on pre-trial none
Briefs always required Briefs- NO, unless required
Held after the last pleading has been Held not later than 30 days after the
filed and served last answer is filed
Non-appearance by plaintiff dismissal of action with prejudice, dismissal of the action without
unless otherwise prejudice
Non-appearance by plaintiff present evidence ex parte plaintiff entitled to judgement
defendant
50
Non-appearance by party; appearance by representative
If party a NATURAL PERSON- representative is armed with SPA
If party is a JURIDICAL PERSON (corporations or partnerships)- representative is armed with BOARD

RESOLUTION
+ Secretarys Certificate
Remedies in case of failure to appear by plaintiff / defendant:
Plaintiff fails to appear
Plaintiff can file an appeal, unless the dismissal is ruled to be without prejudice, which in such a case,
plaintiff may have the remedy of refiling the case or filing a petition for certiorari under Rule 65
Defendant fails to appear
NOTE: Defendant WILL NOT BE DECLARED IN DEFAULT!
When defendant fails to appear, 4 SCENARIOS ARE CONTEMPLATED:

* order allowing ex parte presentation of evidence is INTERLOCUTORY
1. Issuance of order allowing ex parte presentation of evidence, (before presentation of evidence)

2. Issuance of order allowing ex parte presentation of evidence, (after presentation of evidence)
3. Before judgment becomes final and executory
4. After judgment becomes final and executory
1. Issuance of order allowing ex parte presentation of evidence, (before presentation of evidence)
MR (R65, S4) denied 65
2. Issuance of order allowing ex parte presentation of evidence, (after presentation of evidence)

*presentation is done with the COC
MR (on the ground that the order is contrary to law) if this is not done, the evidence
+ Set aside the Evidence Ex parte shall form part of the records of
denied 65 the case
3. Before judgment becomes final and executory
a. Appeal or
b. MR (R37) - on the ground that the evidence is insufficient to justify the decision or
final order, or
c. MNT - on the ground of FAME which ordinary prudence could not have guarded against
and
by reason of which such aggrieved party has been impaired in his right
4. After judgment becomes final and executory
a. 38 (GROUND: any proceeding is thereafter taken against the party in any court through
FAME,) or
b. 47 (GROUND: extrinsic fraud)
c. 65, or
d. collateral attack on the judgment
Amendment of Pre-trial order
- Order issued by the court stating what transpired during the pre trial conference
o Can be amended accordingly
o By filing motion to amend or correct the pre trial order, within 5 days after receipt of the pre trial
order
o NO NEED for counsel to sign the pre trial order
What is Intervention -a proceeding whereby a party, with leave of court, is allowed to intervene in an
action
whenever he has a legal interest in the matter in litigation, or in the success of
either of
51
the parties, or an interest against both, or is so situated as to be adversely

affected by a
distribution or other disposition of property in the custody of the court or of an
officer
thereof, and after determination by the court whether or not the intervention will
unduly delay or prejudice the adjudication of the rights of the original parties, and
whether or not the intervenor's rights may be fully protected in a separate
proceeding.
Remedy in case of denial -file separate action, or appeal

Intervention vs. Interpleader
Interpleader Intervention
Governing rule Rule 62 Rule 19
Kind of action Original action/ SCA Ancillary action
Subject matter Plaintiff has no interest in the subject Legal interest
matter of the action, or has an interest Success of either, or against both
therein which is not disputed by the Adversely affected
other parties
Parties Defendants are sued precisely to Action is against either or both of the
implead them original parties
LOC Without leave of court With leave of court
Pleading complaint for interpleader for plaintiff- complaint in intervention
for defendant- answer in intervention
When filed At any time Before judgment
Answer should be filed within 15 days Answer should be filed within 15 days from
from service of summons notice of order admitting intervention
Grounds for dismissal Impropriety of interpleader, or
Any ground under R16, S1
Remedy if denied File separate action, or appeal
Is intervention allowed in probate proceedings? No, the rights of the creditors are protected under Rule 86)
-END OF DAY 7-
52
Subpoena, define and kinds

Subpoena vs. Summons
SUMMONS SUBPOENA
(R21 S1)
a writ or a process issued to a defending party by the A process directed to a person requiring him to
clerk of court, delivered by a sheriff, his deputy, or attend and to testify at the hearing or trial of an
proper court office, or any suitable person authorized action, or at any investigation conducted by
by the court issuing the summons, with the purpose of competent authority or for the taking of his
obtaining jurisdiction over the person of the defendant deposition. (Subpoena ad testificandum)
and giving him notice that an action has been
commenced against him A process directed to a person requiring him to
bring with him any books, documents, or other
things under his control (Subpoena duces tecum)
Purpose is to obtain jurisdiction over person of Order for a person to appear and to testify at a
defendant, and to give notice to defendant that an action hearing, action, investigation, or for taking of his
has been commenced against him, ordering defendant deposition OR to produce books, documents, or
to answer the complaint within the time fixed by these other things under his control (R21 S1)
Rules, and unless defendant answers, plaintiff will take
judgment by default and may be granted the relief
applied for (R14 S2)
Served on the defendant May be served to a non-party
Does not need tender of kilometrage and other fees Needs tender of kilometrage, attendance fee, and
reasonable cost of production fee
Original or alias Ad testificandum or duces tecum
Upon filing of the complaint and payment of requisite During trial or investigation
docket fees
Effects of non-compliance with subpoena Contempt

Compelling attendance
Computation of time [R22]
Sec 1. How to compute time. In computing any period of time prescribed or allowed by these Rules,
or by order of the court, or by any applicable statute, the day of the act or event from which the
designated period of time begins to run is to be excluded and the date of performance included. If the
last day of the period, as thus computed, falls on a Saturday a Sunday, or a legal holiday in the place
where the court sits, the time shall not run until the next working day.
1 year is 12 months, as per Administrative Code

Not 365 days in Civil Code
modes of discovery - It is a device to obtain information about relevant matters on the case from
the adverse party in preparation for trial
Rules 23-28
1. Depositions pending action

2. Depositions before action or pending appeal
3. Interrogatories to parties under
4. Admission by adverse party
5. Production or inspection of documents or things
6. Physical and mental examination of persons
purposes of Modes of Discovery
1. It is used as a device to narrow and clarify basic issues between the parties
2. It is used as a device for ascertaining facts relative to the issue of the case
3. To obtain full knowledge of the issues and facts of the case
4. To avoid perjury and detection of false and fraudulent claims and defenses
5. To expedite the proceedings
6. To simplify issues
Deposition -the testimony of a witness, put or taken in writing under oath or affirmation, before a
commissioner, examiner of other judicial officer, in answer to interrogatory or cross-
interrogatory, and usually subscribed by the witness
Kinds:
As to nature:
1. Deposition pending action (de bene esse)

-testimony of a witness or a party pending action
2. Deposition before action and pending appeal (perpetuam rei memoriam)

- testimony of a witness or a party before action
53
3. Deposition of minor child witness by videotape

-AM 00-4-07, December 15, 2000
As to the manner of taking:
1. Deposition by oral examination

2. Deposition by written interrogatories
How made? Written or oral

Use of deposition Section 4. Use of depositions. At the trial or upon the hearing of a motion or an
interlocutory
proceeding, any part or all of a deposition, so far as admissible under the rules of
evidence, may
be used against any party who was present or represented at the taking of the deposition
or
who had due notice thereof, in accordance with any one of the following provisions;
(a) Any deposition may be used by any party for the purpose of contradicting or
impeaching the testimony of deponent as a witness;
(b) The deposition of a party or of any one who at the time of taking the deposition
was an officer, director, or managing agent of a public or private corporation,
partnership, or association which is a party may be used by an adverse party for any
purpose;
(c) The deposition of a witness, whether or not a party, may be used by any party for
any purpose if the court finds: [DR USE]
(1) That the witness is dead, or
(2) that the witness resides at a distance more than 100 kilometers from the place
of trial or hearing, or is out of the Philippines, unless it appears that his absence
was procured by the party offering the deposition, or
(3) That the witness is unable to attend or testify because of age, sickness,
infirmity, or imprisonment, or
(4) That the party offering the deposition has been unable to procure the
attendance of the witness by subpoena; or
(5) upon application and notice, that such exceptional circumstances exist as to
make it desirable, in the interest of justice and with due regard to the importance
of presenting the testimony of witnesses orally in open court, to allow the
deposition to be used; and
(d) If only part of a deposition is offered in evidence by a party, the adverse party may
require him to introduce all of it which is relevant to the part introduced, and any
party may introduce any other parts.
Who may take deposition of a person
Within the Philippines, depositions may be taken before:
a. any judge
b. Notary Public, or
c. If the parties so stipulate in writing, depositions may be taken before any person authorized to
administer oaths, at any time or place, in accordance with these rules, and when so taken may be
used like other depositions.
In a foreign state or country, depositions may be taken:
a. On notice before a secretary of embassy or legation, consul general, consul, vice-consul, or

consular agent of the Republic of the Philippines
b. Before such person or officer as may be appointed by commission or under letters rogatory, or
c. If the parties so stipulate in writing, depositions may be taken before any person authorized to
administer oaths, at any time or place, in accordance with these rules, and when so taken may be
used like other depositions.
54
Requisites for taking deposition (place, time, manner of taking, name of court, nature of case, notice,
subpoena)
When can depositions be availed
Depositions of any person whether a party or not may at the instance of any party upon oral examination or
written interrogatories may be taken in the following manner:
a. By leave of court after jurisdiction has been obtained over any defendant or over property which is
the subject of the action, or
b. Without such leave after an answer has been served.
55
What is a Mode of Discovery -It is a device to obtain information about relevant matters on the
case from the
adverse party in preparation for trial
Purposes of Modes of Discovery
1. it is used as a device to narrow and clarify basic issues between the parties
2. it is used as a device for ascertaining facts relative to the issue of the case
3. to obtain full knowledge of the issues and facts of the case
4. to avoid perjury and detection of false and fraudulent claims and defenses
5. to expedite the proceedings
6. to simplify issues
What is deposition - the testimony of a witness, put or taken in writing under oath or affirmation,
before a
commissioner, examiner of other judicial officer, in answer to interrogatory or
cross-
interrogatory, and usually subscribed by the witness
How is oral deposition made
Rule 23, Sec. 15. Deposition upon oral examination; notice; time and place - A party desiring to take the
deposition of any person upon oral examination shall:
a. Give reasonable notice in writing to every other party to the action
b. The notice shall state the time and place for taking the deposition and the name and address of each
person to be examined, if known, and if the name is not known, a general description sufficient to
identify him or the particular class or group to which he belongs
c. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or
shorten the time.
What is direct, cross, redirect, recross (Rule 132?)

Remedy of deponent/party
Effects of death of deponent
Letters commission and letters rogatory,
LETTERS COMMISSION LETTERS ROGATORY

An instrument issued by a court of justice, or other An instrument whereby a foreign court is informed of
competent tribunal to authorize a person to take the pendency of a case and the name of the foreign
depositions, or do any other act by authority of such witness, and is requested to cause their depositions
court or tribunal to be taken in due course of law for the furtherance of
justice, with an offer on the part of the court making
the request, to do the like for the other, in a similar
case
Addressed to a non-judicial foreign officer who will Addressed to a judicial officer of a foreign country
take the deposition who will direct the taking of the deposition
The rules which are applicable are those of the The procedure applicable will be that of the foreign
requesting court court
Allowed if the permission of the foreign country is Allowed if commission was disallowed by the foreign
given country
Leave of court necessary Leave of court not necessary
How is written interrogatories made
Rule 23, Sec. 25. Deposition upon written interrogatories; service of notice and of interrogatories any
party desiring to take the deposition of any person upon written interrogatories
1. Shall serve upon every other party with a notice stating the name and address of the person who is to
answer them and the name or descriptive title and address of the officer before whom the deposition is
to be taken
2. Within 10 days thereafter, the party so served may serve cross-interrogatories upon the party
proposing to take the deposition.
3. Within 5 days thereafter, the latter may serve re-direct interrogatories upon the party who has served
cross-interrogatories
4. Within 3 days after being served with re-direct interrogatories, a party may serve re-cross
interrogatories upon the party proposing to take the deposition
Rule 23 vs. Rule 25

RULE 23 RULE 25
Upon whom served Interrogatories are delivered to Only to an adverse party
56
officer
duly authorized to take the
deposition
who shall take note of the answer
thereto.
Availability of cross Available No cross interrogation
interrogation
On whom answers are binding Any party who was present or was Only on the party served
represented or who had due notice
or had the opportunity to serve
cross-interrogatories.
Time to answer No specific period provided Within 15 days after service, unless
extended or reduced by the court.
Bill of particulars vs. Written interrogatories

BILL OF PARTICULARS RULE 25
For the purpose of clarifying ambiguities in a Seek to disclose all material and relevant facts from a
pleading or to state with sufficient definiteness the party
allegations in the pleading
Directed to the pleadings with ambiguous Not directed to a pleading, but to the material and
allegations. relevant facts within the knowledge of the adverse
party
How is deposition before action initiated -verified petition to perpetuate testimony before action (Sec. 2,
Rule
24)
Purpose of Rule 25 - Written interrogatories elicit facts from any adverse party
(Note: answers may also be used as admissions of the adverse
party).
Effect if no answer is filed default, judgement on the pleadings
Rule 29, Sec. 25. Failure of party to attend or serve answers if a party or an officer or managing agent of a
party wilfully fails to appear before the officer who is to take his deposition, after being served with a proper
notice, or fails to serve answers to interrogatories submitted under Rule 25, after proper service of such
interrogatories, the court on motion and notice, may strike out all or any part of any pleading of that party,
or dismiss the action or proceeding or any part thereof, or enter a judgement by default against that party,
and in its discretion, order him to pay reasonable expenses incurred by the other, including attorneys fees.
Rule 26
Purpose
Every alleged admission is taken as an entirety of the fact which makes for the one side with the
qualifications which limit, modify or destroy its effect on the other side. The reason for this is, where
part of a statement of a party is used against him as an admission, the court should weigh any other
portion connected with the statement, which tends to neutralize or explain the portion which is against
interest. In other words, while the admission is admissible in evidence, its probative value is to be
determined from the whole statement and others intimately related or connected therewith as an
integrated unit. Although acts or facts admitted do not require proof and cannot be contradicted,
however, evidence aliunde can be presented to show that the admission was made through palpable
mistake. The rule is always in favour of liberality in construction of pleadings so that the real matter in
dispute may be submitted to the judgement of the court.
- To relieve the parties of the costs of proving facts which will not be disputed on trial and the truth of
which can be ascertained by reasonable inquiry.
How initiated
At any time after issues have been joined, a party may file and serve upon any other party a written request
for:
a. the admission by the latter of the genuineness of any material and relevant document described in
and exhibited with the request
b. The truth of any material and relevant matter of fact set forth in the request, or
c. Copies of the documents shall be delivered with the request unless copies have already been
furnished.
Effect when no answer, remedy - Each of the matters of which an admission is

requested is deemed admitted;
- May result in summary judgment.
57
Remedy of the person making an implied admission -Motion to be Relieved of implied admission
Rule 26, Section 2. Implied admission. Each of the matters of which an admission is requested shall
be deemed admitted unless, within a period designated in the request, which shall not be less than 15
days after service thereof, or within such further time as the court may allow on motion, the party to
whom the request is directed files and serves upon the party requesting the admission a sworn
statement either denying specifically the matters of which an admission is requested or setting forth in
detail the reasons why he cannot truthfully either admit or deny those matters.
Objections to any request for admission shall be submitted to the court by the party requested within
the period for and prior to the filing of his sworn statement as contemplated in the preceding paragraph
and his compliance therewith shall be deferred until such objections are resolved, which resolution
shall be made as early as practicable.
Is summary judgement applicable in admission
What are the effects in case of refusal to make an admission under Rule 26?
If a party after being served with a request under Rule 26 to admit the genuineness of any document or
the truth of any matter of fact, serves a sworn denial thereof and if the party requesting the admissions
thereafter proves the genuineness of such document or the truth of any such matter of fact he may:
a. apply to the court for an order requiring the other party to pay him the reasonable expenses
incurred in making such proof, including attorneys fees.
b. Unless the court finds that there were good reasons for the denial or that admission sought were
of no substantial importance, such order shall be issued.
Rule 27
Purpose
How initiated -Motion for production and inspection of documents and things
-Motion to allow entry upon a designated place for purposes of inspection,
measuring
and surveying of property.
Remedy of production and inspection of documents and things
The provision shows that the production or inspection of documents or things as a mode of discovery
sanctioned by the Rules of Court may be availed of by any party upon showing of a good cause therefor
before the court in which the action is pending. The court may order any party:
a. to produce and permit the inspection and copying or photocopying of any designated documents,
papers, books, accounts, letters, photographs, objects, or tangible things, which are not privileged;
which constitute or contain evidence material to any matter involved in the action; and which are in
his possession, custody or control; or
b. to permit entry upon designated land or other property in his possession or control for the
purpose of inspecting, measuring, surveying, or photographing the property or any designated
relevant object or operation thereon.
limitations
Rule 27 vs. Subpoena duces tecum

-purpose, manner of availment, application, serving, to whom served, process vs. Mode
RULE 27 RULE 21
PRODUCTION AND INSPECTION OF DOCUMENTS SUBPOENA DUCES TECUM
AND THINGS
A mode of discovery A writ or a process of compelling production of
evidence
Directed to a party litigant Directed against any person which includes litigants
It can be availed of by motion By means of a request which is issued ex parte
Rule 28
- purpose, how, example
A. WHEN APPLICABLE (Sec.1)

1. There must be a pending action; and
2. A partys mental or physical condition is in controversy
Rule 28, Section 2. Order for examination. The order for examination may be made only on motion for
good cause shown and upon notice to the party to be examined and to all other parties, and shall specify
58
the time, place, manner, conditions and scope of the examination and the person or persons by whom it
is to be made
An order to submit to a physical examination is an interlocutory order, thus no appeal is allowed.
Rule 29
Section 1. Refusal to answer. If a party or other deponent refuses to answer any question upon oral
examination, the examination may be completed on other matters or adjourned as the proponent of the
question may prefer. The proponent may thereafter apply to the proper court of the place where the
deposition is being taken, for an order to compel an answer. The same procedure may be availed of when a
party or a witness refuses to answer any interrogatory submitted under Rules 23 or 25.
If the application is granted, the court shall require the refusing party or deponent to answer the question or
interrogatory and if it also finds that the refusal to answer was without substantial justification, it may
require the refusing party or deponent or the counsel advising the refusal, or both of them, to pay the
proponent the amount of the reasonable expenses incurred in obtaining the order, including attorney's fees.
If the application is denied and the court finds that it was filed without substantial justification, the court
may require the proponent or the counsel advising the filing of the application, or both of them, to pay to the
refusing party or deponent the amount of the reasonable expenses incurred in opposing the application,
including attorney's fees. (1a)
Section 2. Contempt of court. If a party or other witness refuses to be sworn or refuses to answer any
question after being directed to do so by the court of the place in which the deposition is being taken, the
refusal may be considered a contempt of that court. (2a)
Section 3. Other consequences. If any party or an officer or managing agent of a party refuses to obey an
order made under section 1 of this Rule requiring him to answer designated questions, or an order under
Rule 27 to produce any document or other thing for inspection, copying, or photographing or to permit it to
be done, or to permit entry upon land or other property or an order made under Rule 28 requiring him to
submit to a physical or mental examination, the court may make such orders in regard to the refusal as are
just, and among others the following:
(a) An order that the matters regarding which the questions were asked, or the character or description
of the thing or land, or the contents of the paper, or the physical or mental condition of the party, or any
other designated facts shall be taken to be established for the purposes of the action in accordance
with the claim of the party obtaining the order;
(b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses
or prohibiting him from introducing in evidence designated documents or things or items of testimony,
or from introducing evidence of physical or mental condition;
(c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is
obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default
against the disobedient party; and
(d) In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any party
or agent of a party for disobeying any of such orders except an order to submit to a physical or mental
examination. (3a)
Section 4. Expenses on refusal to admit. If a party after being served with a request under Rule 26 to
admit the genuineness of any document or the truth of any matter of fact serves a sworn denial thereof and
if the party requesting the admissions thereafter proves the genuineness of such document or the truth of
any such matter of fact, he may apply to the court for an order requiring the other party to pay him the
reasonable expenses incurred in making such proof, including attorney's fees. Unless the court finds that
there were good reasons for the denial or that admissions sought were of no substantial importance, such
order shall be issued. (4a)
Section 5. Failure of party to attend or serve answers. If a party or an officer or managing agent of a party
wilfully fails to appear before the officer who is to take his deposition, after being served with a proper
notice, or fails to serve answers to interrogatories submitted under Rule 25 after proper service of such
interrogatories, the court on motion and notice, may strike out all or any part of any pleading of that party,
or dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party,
and in its discretion, order him to pay reasonable expenses incurred by the other, including attorney's fees.
(5)
Section 6. Expenses against the Republic of the Philippines. Expenses and attorney's fees are not to be
imposed upon the Republic of the Philippines under this Rule.
59
Trial -is a judicial process of investigating and determining the legal controversies, starting with the
production of evidence by the plaintiff and ending with his closing arguments
Nature: adversarial in character, and which requires the presentation of evidence and
witnesses
before the Court
Trial vs. Hearing

TRIAL HEARING
Limited only to the presentation of evidence and Broader in its scope as it include pre-trial conference,
witnesses before the court hearing on the motion, and trial
When trial not required
Trial is no longer necessary in order for the adjudication of the action in the following instances:
1. When the case falls under the Rules on Summary Procedure in civil cases
2. When the parties enter in to an amicable settlement or compromise of their claims
3. In case of dismissal of the action under Rule 16
4. In case of dismissal of the action under Secs. 1 and 2 of Rule 17
5. In case of dismissal of the action under Sec. 3 of Rule 17
6. In case of dismissal of the for failure of the plaintiff to appear during pretrial
Order of trial -sec 5
Subject to the provisions of Sec. 2 of Rule 31, and unless the court for special reasons otherwise directs,
the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:
1. The plaintiff shall adduce evidence in support of his complaint
2. The defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and
third-party complaint
3. The 3rd party defendant, if any, shall adduce evidence of his defense, counterclaim, cross-claim and
4th party complaint
4. The 4th party, and so forth, if any, shall adduce evidence of the material facts pleaded in them
5. The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence
in support of their defense, in the order to be prescribed by the court
6. The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons
and in the furtherance of justice, permits them to adduce evidence upon their original case.
7. Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court
directs the parties to argue or to submit their respective memoranda or any further pleadings
If several defendants or 3rd party defendants, and so forth, having separate defences appear by
different counsel, the court shall determine the relative order of presentation of their evidence.
Rebuttal Evidence -Any component evidence to explain, repel, counteract, or disprove adversarys
proof it
is receivable only where new matters have been developed by the evidence of
one of
the parties and is generally limited to a reply to new matters.
Sur-rebuttal evidence -Evidence in reply or to rebut new matter introduced in rebuttal
60
Consolidation and severance
RULE 31- Consolidation or Severance
Sec 1. Consolidation.
The court may order the consolidation of cases when actions involving a common question of law or fact
are pending. It may:
1. order a joint hearing or trial of any or all the matters in issue in the actions;
2. it may order all the actions consolidated, and
3. it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs
or delay.
Sec 2. Separate trials.
The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of
1. any claim
2. cross-claim
3. counterclaim
4. third-party complaint, or
5. of any separate issue or of any number of claims, cross-claims, counterclaims, third-party complaints
or issues
Powers of the commissioner
Subject to the specifications and limitations stated in the order, the commissioner has and shall exercise
the following powers:
1. To regulate the proceedings in every hearing before him

2. To do all acts and take all measures necessary or proper for the efficient performance of his duties
under the order
3. He may issue subpoenas and subpoenas duces tecum
4. Swear witnesses
5. Unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence.
The trial or hearing before him shall proceed in all respects as it would if held before the court.
Rule 33
Demurrer to Evidence A Demurrer to Evidence is a MTD on the ground of insufficiency of evidence and
is
presented after the plaintiff rests his case. It is an objection by one of the parties
in an action, to the effect that the evidence which his adversary produced is
insufficient in point of law, whether true or not, to make out a case or sustain the
issue. The evidence contemplated by the rule on demurrer is that which pertains
to the merits of the case.
Nature -litigated
-Demurrer to evidence authorizes a judgement on the merits of the case without
the
defendant having to submit evidence on his part, as he would ordinarily have to
do, if plaintiffs evidence shows that he is not entitled to the relief sough.
Demurrer, therefore, is an aid or instrument for the expeditious termination of an
action, similar to a MTD, which the court or tribunal may either grant or deny.
Rule 16 vs. Rule 33

RULE 16 RULE 33
GROUNDS Has several grounds only 1 ground (insufficient evidence)
NATURE OF With or without prejudice With prejudice
DISMISSAL
REMEDY
Denied Depends on ground Present evidence
(appeal or refile) *order of denial of the demurrer is
interlocutory!
Granted Appeal from order of dismissal of the case
WHEN TOFILE Before filing and service of After prosecution rests case
responsive pleading
MOTU PROPIO Only on the grounds provided in Rule Never motu propio
DISMISSAL 9, Sec. 1
WHO MAY FILE filed by any defending party against filed ONLY by the defendant against
whom a claim is asserted complaint of plaintiff
61
Failure to state cause of action vs. Lack of cause of action

Failure to state cause of action Lack of cause of action
1. REMEDY MTD Demurrer to Evidence
Rule 16 Rule 33
Ground: failure to state COA Ground: not entitled to relief/
Lack of COA/
Insufficiency of evidence
2. WHEN MADE Before filing of responsive pleading After prosecution rests case
3. MADE BY WHOM Any defending party against whom a ONLY by defendant against complaint
claim is asserted
3. NATURE OF DISMISSAL Without prejudice With prejudice
4. REMEDY WHEN File answer Present evidence
DENIED *order of denial of the demurrer is
interlocutory!
5. REMEDY WHEN Refile Appeal from order of dismissal of the
GRANTED case
Demurrer, civil vs. criminal

DEMURRER CIVIL (Rule 33) CRIMINAL (Rule 119)
Motu Propio Never Allowed
dismissal
Leave of court NOT required With or without leave
Remedy if granted APPEAL order of dismissal 65
NOT appeal order of dismissal
(double jeopardy already)
Remedy if denied DEFENDANT presents evidence With leave: ACCUSED present evidence
Without leave: NO presentation of
evidence
Rule 34 vs. Rule 35

RULE 34 RULE 35
Where an answer fails to tender an issue, or When the pleadings on file show that there are no
otherwise admits the material allegations of the genuine issues of fact to be tried, the Rules allow a
adverse partys pleading party to obtain immediate relief by way of SJ, that is,
when the facts are not in dispute, the court is allowed
to decide the case summarily by applying the law to
the material facts.
Is a procedural device resorted to in order to avoid

long drawn out litigations and useless delays. Such
judgement is generally based on the facts proven
summarily by affidavits, depositions, pleadings or
(NO ISSUE) admissions of the parties.
(NO GENUINE ISSUE)
Proper even if there is an issue as to damages Proper when it appears that there is no genuine issue
recoverable
Based exclusively upon the pleadings without Based not only on the pleadings but also upon the
introduction of evidence. affidavits, depositions and admissions of the parties
showing that, except as to the amount of damages,
there is no genuine issue
Available in any action, except for annulment of Proper only in actions to recover a debt, or for a
marriage or legal separation liquidated sum of money, or for declaratory relief.
Filed by plaintiff or counterclaimant Filed by claiming or defending party
3-day notice 10 day notice (adverse party, 3 days before hearing)
*genuine issue -is such issue of fact which require the presentation of evidence, as distinguished from a
sham,
fictitious, contrived or false claim.
62
What is judgement - The final ruling by a court of competent jurisdiction regarding the rights or other
matters
submitted to it in an action or proceeding.
Constitutional requirement for judgement
Art. VIII (Judicial Department)

Sec 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the
facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused due course or
denied without stating the legal basis therefor.
Interlocutory vs. Final order

INTERLOCUTORY FINAL ORDER
DEFINITION An order that does not finally dispose of the A final judgement or order is one that
case and does not end the courts task of finally disposes of a case, leaving nothing
adjudicating the parties contentions and more to be done by the court in respect
determining their rights and liabilities as thereto.
regards each other, but obviously indicates
that other things remain to be done by the
court.
REMEDY 65 Appeal
Distinguish:
Res Judicata -a matter adjudged; a thing judicially acted upon or decided; a thing
or
matter settled by judgement
-It lays the rule that an existing final judgement or decree rendered on the
merits, without fraud or collusion, by a court of competent jurisdiction,
upon any matter within its jurisdiction, is conclusive of the rights of the
parties or their privies, in all other actions or suits in the same or any
other judicial tribunal of concurrent jurisdiction on the points and matters
in issue.
Conclusiveness of judgement -Where there is identity of parties in the first and second cases, but no
identity
of causes of action, the first judgement is conclusive only as to those
matters
actually and directly controverted and determined and not as to matters
merely
involved therein.
Law of the case -The opinion delivered on a former appeal.

-an established rule which states that when an appellate court passes on
a
question and remands the case to the lower court for further proceedings,
the
question there settled becomes the law of the case upon subsequent
appeal.
Stare Decisis et non quieta movere -Stand by the decision and disturb not what is settled.
-When a court has laid down a principle of law as applicable to a certain
state of
facts, it will adhere to that principle and apply to all future cases in which
the
facts are substantially the same.
Kinds of judgement
1. Judgement upon a compromise

Compromise agreement- is a contract whereby the parties, by making reciprocal concessions avoid a
litigation or
put an end to one already commenced
2. Judgement upon confession

A judgement by confession is not a plea but an affirmative and voluntary act of the defendant himself.
Here, the
court exercises a certain amount of supervision over the entry of judgement, as well as equitable
jurisdiction over their subsequent status.
3. Judgement upon the merits

A judgement 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
63
4. Clarificatory judgement
A judgement which is difficult to execute and comply because of ambiguity in its terms, the party may
file a motion for clarificatory judgement in order for the court to remove the ambiguity
5. Judgement nunc pro tunc -not for then

The office of a judgement nunc pro tunc is to record some act of the court done at a former time which
was not
then carried into the record, and the power of a court to make such entries is restricted to placing upon
the record evidence of judicial action which has been actually taken.
6. Judgement sin Perjuicio -without prejudice

It is a judgement rendered by the court without prejudice to the refilling of the case.
7. Judgement by Default
A judgement by default is a judgement rendered against the defendant for his failure to file an answer.
8. Judgement of the Pleadings

Judgement on the pleadings is, therefore, based exclusively upon the allegations appearing in the
pleadings of
the parties and the annexes, if any, without consideration of any evidence alieunde.
9. Summary Judgement
Summary judgement is a procedural device resorted to in order to avoid long drawn out litigations and
useless
delays where he pleadings on file show that there are no genuine issue of fact to be tried.
10. Several Judgements

It is a judgement rendered by the court whenever proper in an action against several defendants
against one or
more of them, leaving the action to proceed against the others.
11. Separate Judgement

It is a judgement rendered by the court when more than one claim for relief is presented in an action at
any
stage, upon a determination of the issues material to a particular claim and all counterclaims arising out
of the
transaction or occurrence which is the subject matter of the claim, may render a separate judgement
disposing
of such claim.
12. Special Judgement

(Rule 39, Sec. 11)
When the judgement requires the performance of any act other than those mentioned in the 2
preceeding
sections, a certified copy of the judgement shall be attached to the writ of execution and shall be served
by the officer upon the party against whom the same is rendered, or upon any other person required
thereby, or by law, to obey the same, and such party or person may be punished for contempt if he
disobeys such judgement.
The 2 preceeding sections:
Section 9. Execution of judgments for money, how enforced.
(a) Immediate payment on demand. The officer shall enforce an execution of a judgment for
money by demanding from the judgment obligor the immediate payment of the full amount stated
in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank
check payable to the judgment obligee, or any other form of payment acceptable to the latter,
the amount of the judgment debt under proper receipt directly to the judgment obligee or his
authorized representative if present at the time of payment. The lawful fees shall be handed
under proper receipt to the executing sheriff who shall turn over the said amount within the
same day to the clerk of court of the court that issued the writ.
If the judgment obligee or his authorized representative is not present to receive payment, the
judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall
turn over all the amounts coming into his possession within the same day to the clerk of court of
the court that issued the writ, or if the same is not practicable, deposit said amounts to a
fiduciary account in the nearest government depository bank of the Regional Trial Court of the
locality.
The clerk of said court shall thereafter arrange for the remittance of the deposit to the account
of the court that issued the writ whose clerk of court shall then deliver said payment to the
judgment obligee in satisfaction of the judgment. The excess, if any, shall be delivered to the
judgment obligor while the lawful fees shall be retained by the clerk of court for disposition as
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provided by law. In no case shall the executing sheriff demand that any payment by check be
made payable to him.
(b) Satisfaction by levy. If the judgment obligor cannot pay all or part of the obligation in cash,
certified bank check or other mode of payment acceptable to the judgment obligee, the officer
shall levy upon the properties of the judgment obligor of every kind and nature whatsoever
which may be disposed, of for value and not otherwise exempt from execution giving the latter
the option to immediately choose which property or part thereof may be levied upon, sufficient to
satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first
levy on the personal properties, if any, and then on the real properties if the personal properties
are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal or real property of the judgment
obligor which has been levied upon.
When there is more property of the judgment obligor than is sufficient to satisfy the judgment
and lawful fees, he must sell only so much of the personal or real property as is sufficient to
satisfy the judgment and lawful fees.
Real property, stocks, shares, debts, credits, and other personal property, or any interest in
either real or personal property, may be levied upon in like manner and with like effect as under
a writ of attachment.
(c) Garnishment of debts and credits. The officer may levy on debts due the judgment obligor
and other credits, including bank deposits, financial interests, royalties, commissions and other
personal property not capable of manual delivery in the possession or control of third parties.
Levy shall be made by serving notice upon the person owing such debts or having in his
possession or control such credits to which the judgment obligor is entitled. The garnishment
shall cover only such amount as will satisfy the judgment and all lawful fees.
The garnishee shall make a written report to the court within five (5) days from service of the
notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits
to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the
garnishee holds for the judgment obligor. The garnished amount in cash, or certified bank check
issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee
within ten (10) working days from service of notice on said garnishee requiring such delivery,
except the lawful fees which shall be paid directly to the court.
In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the
judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or
garnishees who shall be required to deliver the amount due, otherwise, the choice shall be made
by the judgment obligee.
The executing sheriff shall observe the same procedure under paragraph (a) with respect to
delivery of payment to the judgment obligee. (8a, 15a)
Section 10. Execution of judgments for specific act.
(a) Conveyance, delivery of deeds, or other specific acts; vesting title. If a judgment directs a
party to execute a conveyance of land or personal property, or to deliver deeds or other
documents, or to perform, any other specific act in connection therewith, and the party fails to
comply within the time specified, the court may direct the act to be done at the cost of the
disobedient party by some other person appointed by the court and the act when so done shall
have like effect as if done by the party. If real or personal property is situated within the
Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of
any party and vest it in others, which shall have the force and effect of a conveyance executed in
due form of law. (10a)
(b) Sale of real or personal property. If the judgment be for the sale of real or personal
property, to sell such property, describing it, and apply the proceeds in conformity with the
judgment. (8[c]a)
(c) Delivery or restitution of real property. The officer shall demand of the person against
whom the judgment for the delivery or restitution of real property is rendered and all persons
claiming rights under him to peaceably vacate the property within three (3) working days, and
restore possession thereof to the judgment obligee, otherwise, the officer shall oust all such
persons therefrom with the assistance, if necessary, of appropriate peace officers, and
employing such means as may be reasonably necessary to retake possession, and place the
judgment obligee in possession of such property. Any costs, damages, rents or profits awarded
by the judgment shall be satisfied in the same manner as a judgment for money. (13a)
(d) Removal of improvements on property subject of execution. When the property subject of
the execution contains improvements constructed or planted by the judgment obligor or his
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agent, the officer shall not destroy, demolish or remove said improvements except upon special
order of the court, issued upon motion of the judgment obligee after the hearing and after the
former has failed to remove the same within a reasonable time fixed by the court. (14a)
(e) Delivery of personal property. In judgment for the delivery of personal property, the officer
shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy
any judgment for money as therein provided.
13. Judgement for specific acts

(Sec. 10, Rule 39)
A judgement for specific acts under Sec. 10, on the other hand, 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.
14. Judgement of Demurrer to Evidence

It is a judgement rendered by the court on the ground of insufficiency of evidence after the plaintiff has
rested
its case.
15. Conditional Judgement

Where the judgement is indefinite, or requires the performance of a condition, the court must first
determine
whether or not the condition imposed therein has been complied with before it could issue a writ of
execution.
16. Final Judgement (Sec. 47, Rule 39)

Once a judgement becomes final and executory, all the issues between the parties are deemed resolved
and laid
to rest. All that remains is the execution of the decision which is a matter or right. The prevailing party is
entitled
to a writ of execution, the issuance of which is the trial courts ministerial duty.
17. Final and Executory Judgement
It is a judgement rendered by the court when there is no MR or appeal filed, or the same has already
been
denied with finality.
18. Void Judgement

A judgement is null and void when the court which rendered it had no power to grant the relief or no
jurisdiction over the subject matter or over the parties or both.
19. Amended and Clarified Judgement

An amended and clarified judgement is judgement in which the lower court makes a thorough study of
the original judgement and renders the amended and clarified judgement only after considering all the
factual and legal issues. The amended and clarified decision is an entirely new decision which
supersedes the original decision.
20. Supplemental Judgement

It is a kind of judgement which serves to bolster or adds something to the primary decision.
21. Alternative Judgement

The rule is that when the dispositive part of a final order or decision is definite, clear and unequivocal
and can be wholly given effect without the need of interpretation or construction, the same is
considered as the judgement of the court, to the exclusion of anything said in the body thereof.
22. Deficiency Judgement

A contingent claim and must be filed with probate court where the settlement of the estate of the
deceased mortgagor is pending, within the period of time fixed for the filing of claims.
23. Declaratory Judgement

Where the petition for declaratory judgement is coupled with a prayer for the issuance of injunction, the
same is
equivalent to an action for prohibition against public officers.
New trial, MR
What is a motion for new trial? It is a complete retrial of the case after judgement has been rendered
based on
the grounds specified under Sec. 1 or Rule 37
RULE 37- New Trial or Reconsiderations
Section 1. Grounds of and period for filing motion for new trial or reconsideration. Within the
period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment
or final order and grant a new trial for one or more of the following causes materially affecting the
substantial rights of said party:
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(a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have
guarded against and by reason of which such aggrieved party has probably been impaired in his
rights; or
(b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered
and produced at the trial, and which if presented would probably alter the result.
Within the same period, the aggrieved party may also move for reconsideration upon the grounds
that the damages awarded are excessive, that the evidence is insufficient to justify the decision or
final order, or that the decision or final order is contrary to law.
Purpose of MR
The purpose of a MR is to point out the findings and conclusions of the decision which, in the movants
view, are not supported by law or evidence.
What are the requirements for the filing of a MNT or MR
The MNT or MR shall comply with the following requirements:
1. it must be in writing
2. Stating the ground or grounds therefor; and
3. A written notice of which shall be served by the movant on the adverse party
What are the requirements for the filing of a MR
A MR shall comply with the following :
1. point out specifically the findings or conclusions of the judgement or final order which are not supported by
the evidence or which are contrary to law; and
2. Making express reference to the testimonial or documentary evidence or to the provisions of law alleged to
be contrary to such findings or conclusions.
Rule 37 vs. Rule 52

RULE 37 RULE 52
Available only in the trial courts Available in Appellate Courts
GROUNDS The damages awarded are excessive Does not provide for specific grounds
The evidence is insufficient to justify the
decision or final order
The decision or final order is contrary to
law
Shall be resolved within 30 days from the Shall be resolved within 90 days from the
time the case is submitted for resolution date when the court declares it
submitted for resolution
Rule 37 vs rule 65, sec 4
Indeed, the Court has held that an appeal from an order denying a motion for reconsideration of a final
order or judgement is effectively an appeal from the final order or judgement itself; and has expressly
clarified that the prohibition against appealing an order denying a MR referred only to a denial of a MR of an
interlocutory order (Priscilla Alma Jose vs. JAvellana)
Is there mnt/mr in mtc? No prohibition, except summary proceedings and small claims
Effects of granting mnt/mr
Effects of granting a new trial
Rule 37, Sec 6. Effect of granting of motion for new trial. If a new trial is granted in accordance with
the provisions of this Rules:
1. the original judgment or final order shall be vacated, and

2. the action shall stand for trial de novo; but
3. the recorded evidence taken upon the former trial, insofar as the same is material and competent
to establish the issues, shall be used at the new trial without retaking the same
Effects of granting a reconsideration
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Relief from judgement -It is a legal remedy whereby a party seeks to set aside a judgement rendered
against
him by a court whoever he was unjustly deprived of hearing or was prevented
from
taking an appeal because of fraud, accident, mistake or excusable negligence
When available -When a judgement or final order is entered, or any other proceeding is thereafter
taken against a party in any court through fraud, accident, mistake or excusable
negligence, he may file a petition in such court and in the same case praying that
the
judgement, order or proceeding be set aside.
Requirements -A petition provided for either of the preceding sections of this Rule must be:
1. verified
2. filed within 60 days after the petitioner learns of the judgement, final order or
other
proceeding to be set aside, and not more than 6 months after such judgement or
final
order was entered, or such proceeding was taken
3. must be accompanied with affidavits showing the fraud, accident, mistake or
excusable negligence relied upon; and
4. State the facts constituting the petitioners good and substantial cause of
action or
defense, as the case may be.
Remedy in case of denial (rule 65, rule 41)
R41, S1. Subject of appeal. An appeal may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.
No appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;

(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
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Rule 38 vs. 47
RULE 38 RULE 47
WHEN FILED within period to appeal after JFO becomes final and
executory
GROUNDS FAME Extrinsic fraud and lack of juris over
SM
WHERE FILED Court of origin Higher court
filed within 60 days after the petitioner learns of Extrinsic fraud: filed within 4 years
the judgement, final order or other proceeding from discovery
to be set aside, and not more than 6 months
after such judgement or final order was Lack of Jurisdiction: filed before
entered, or such proceeding was taken barred by estoppel
Remedy if denied (65 and 41)
RULE 41, Sec1. Subject of appeal. An appeal may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.
No appeal may be taken from:
(a) An order denying a motion for new trial or reconsideration;

(b) An order denying a petition for relief or any similar motion seeking relief from judgment;
xx
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RULE 39
Execution, Satisfaction and Effect of Judgments
Execution -is a remedy afforded by law for the enforcement of a judgement. Its object is to obtain
satisfaction of
the judgement on which the writ is issued. It issues by order of the court a quo, on motion of the
judgement obligee, upon the finality of the judgement or order sought to be enforced
Section 1. Execution upon judgments or final orders. Execution shall issue as a matter of right, or
motion, upon a judgment or order that disposes of the action or proceeding upon the expiration of the
period to appeal therefrom if no appeal has been duly perfected.
If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in
the court of origin, on motion of the judgment obligee, submitting therewith certified true copies of the
judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with
notice to the adverse party.
The appellate court may, on motion in the same case, when the interest of justice so requires, direct the
court of origin to issue the writ of execution.
Execution, as a matter of right:
1. When the judgement has become final and executory

2. When the judgement debtor has renounced or waived his right of appeal
3. When the period for appeal has lapsed without an appeal having been filed, or
4. When, having been filed, the appeal has been resolved and the records of the case have been
returned to the court of origin.
Execution pending appeal is the exception to the general rule
Exceptions to the rule that the court cannot refuse to issue writ of execution
1. When subsequent facts and circumstances transpire which render such execution unjust or impossible,
such as a supervening cause
2. On equitable grounds, as when there has been a change in the situation of the parties which makes
execution inequitable
3. Where the judgement has been novated by the parties
4. When a petition for relief or an action to enjoin the judgement is filed and a preliminary injunction is
prayed for and granted
5. Where the judgement has become dormant, the 5-year period under Sec. 6 of this Rule having expired
without the judgement having been revived
6. Where the judgement turns out to be incomplete or is conditional since, as a matter of law, such
judgements cannot become final.
Section 2. Discretionary execution.
(a) Execution of a judgment or final order pending appeal. On motion of the prevailing party with
notice to the adverse party filed in the trial court while it has jurisdiction over the case and is in
possession of either the original record or the record on appeal, as the case may be, at the time of
the filing of such motion, said court may, in its discretion, order execution of a judgment or final
order even before the expiration of the period to appeal.
After the trial court has lost jurisdiction the motion for execution pending appeal may be filed in the
appellate court.
Discretionary execution may only issue upon good reasons to be stated in a special order after due
hearing.
(b) Execution of several, separate or partial judgments. A several, separate or partial judgment
may be executed under the same terms and conditions as execution of a judgment or final order
pending appeal.
Section 3. Stay of discretionary execution. Discretionary execution issued under the preceding
section may be stayed upon approval by the proper court of a sufficient supersedeas bond filed by the
party against whom it is directed, conditioned upon the performance of the judgment or order allowed
to be executed in case it shall be finally sustained in whole or in part. The bond thus given may be
proceeded against on motion with notice to the surety.
Section 4. Judgments not stayed by appeal. Judgments in actions for injunction, receivership,
accounting and support, and such other judgments as are now or may hereafter be declared to be
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immediately executory, shall be enforceable after their rendition and shall not, be stayed by an appeal
taken therefrom, unless otherwise ordered by the trial court. On appeal therefrom, the appellate court
in its discretion may make an order suspending, modifying, restoring or granting the injunction,
receivership, accounting, or award of support.
The stay of execution shall be upon such terms as to bond or otherwise as may be considered proper for
the security or protection of the rights of the adverse party.
Section 13. Property exempt from execution. Except as otherwise expressly provided by law, the
following property, and no other, shall be exempt from execution:
(a) The judgment obligor's family home as provided by law, or the homestead in which he resides, and
land necessarily used in connection therewith;
(b) Ordinary tools and implements personally used by him in his trade, employment, or livelihood;
(c) Three horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment
obligor may select necessarily used by him in his ordinary occupation;
(d) His necessary clothing and articles for ordinary personal use, excluding jewelry;
(e) Household furniture and utensils necessary for housekeeping, and used for that purpose by the
judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding
P100,000.00;
(f) Provisions for individual or family use sufficient for 4 months;
(g) The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists,
engineers, surveyors, clergymen, teachers, and other professionals, not exceeding P300,000.00 in
value;
(h) One fishing boat and accessories not exceeding the total value of P100,000.00 owned by a fisherman
and by the lawful use of which he earns his livelihood;
(i) So much of the salaries, wages, or earnings of the judgment obligor for his personal services within
the 4 months preceding the levy as are necessary for the support of his family;
(j) Lettered gravestones;
(k) Monies, benefits, privileges, or annuities accruing or in any manner growing out of any life insurance;
(l) The right to receive legal support, or money or property obtained as such support, or any pension or
gratuity from the Government;
(m) Properties specially exempted by law.
But no article or species of property mentioned in this section shall be exempt from execution issued upon a
judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.
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Provisional remedy - are temporary, auxiliary and ancillary remedies resorted to by litigants to
preserve or
protect their rights or interests while the main action is pending, to secure the
judgement, to preserve the status quo, or to preserve the subject matter of the
action.
Purpose of provisional remedies
1. To preserve or protect the rights or interests while the main action is pending
2. To secure the judgement
3. To preserve the status quo; or
4. To preserve the subject matter of the action.
When availed of? -at the commencement of the action, or at the time of the filing of the complaint or
by
motion
Kinds of provisional remedies
1. Preliminary attachment
2. Preliminary injunction
3. Receivership
4. Replevin
5. Support pendent lite
Is the list exclusive? NO
Other provisional remedies under the rules
a. Environmental cases
Environmental Protection Order (Temporary Protection Order)
b. Writ of Amparo
1. Temporary Protection Order

2. Inspection Order
3. Production Order
4. Witness Protection Order
c. Writ of Habeas Data
1. Spousal Support
2. Child Support
3. Child Custody
4. Visitation Rights
5. Hold Departure Order
6. Order of Protection
d. Custody of Minors and Writ of Habeas Corpus in relation to Custody of Minor
1. Provisional Order awarding custody

2. Temporary Visitation Rights
3. Hold Departure Order
4. Protection Order
e. Violence against women and children
1. Protection Order (Temporary Protection Order)

2. Barangay Protection Order
f. Alternative Dispute Resolution
Interim Measure of Protection
1. Preliminary injunction directed against a party to arbitration

2. Preliminary Attachment against property or garnishment of funds in the custody of a bank or a
3rd person
3. Appointment of a receiver
4. Detention, preservation, delivery or inspection of property; or
5. Assistance in the enforcement of an interim measure of protection granted by the arbitral
tribunal, which the latter cannot enforce effectively
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h. Civil forfeiture, assets preservation, and freezing of monetary instrument, property or proceeds
representing, involving or relating to an unlawful activity or money laundering offense under RA 9160,
as amended (AM 05-11-04)
Asset Preservation Order
*the provisional remedy of SUPPORT PENDENTE LITE can only be issued by the RTC/Family Court since an
action for support can only be filed with it being an action subject matter is incapable of pecuniary
estimation.
What is Preliminary Attachment? -is a provisional remedy issued upon order of the court where the
action
is pending, to be levied upon the property or properties of the
defendant therein, the same to be held thereafter by the sheriff as
security for the satisfaction of whatever judgement might be
rendered in said action in favour of the attaching creditor against
the defendant.
Nature of attachment? -the remedy of attachment is purely a statutory remedy, and the
provisions thereof must be strictly construed. Courts have
consistently held that no court has authority to issue a writ of
attachment without express statutory permission
When filed? -At the commencement of the action or at any time before entry of
judgment
Grounds for Attachment
(a) In an action for the recovery of a specified amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract, quasi-contract, delict or quasi-delict against a
party who is about to depart from the Philippines with intent to defraud his creditors;
(b) In an action for money or property embezzled or fraudulently misapplied or converted to his own use
by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the
course of his employment as such, or by any other person in a fiduciary capacity, or for a willful violation
of duty;
(c) In an action to recover the possession of property unjustly or fraudulently taken, detained or
converted, when the property, or any part thereof, has been concealed, removed, or disposed of to
prevent its being found or taken by the applicant or an authorized person;
(d) In an action against a party who has been guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the performance thereof;
(e) In an action against a party who has removed or disposed of his property, or is about to do so, with
intent to defraud his creditors; or
(f) In an action against a party who does not reside and is not found in the Philippines, or on whom
summons may be served by publication.
How can the order of attachment be issued?
1. Ex parte
2. Upon motion with notice and hearing
Which court can issue an order of attachment?
1. By the court in which the action is pending

2. CA
3. SC
Requirements of affidavit and bond for the issuance of an order of attachment (Sec 3)
Affidavit and bond required. An order of attachment shall be granted only when it appears by the
affidavit of the applicant, or of some other person who personally knows the facts,
1. that a sufficient cause of action exists,

2. that the case is one of those mentioned in section 1 hereof,
3. that there is no other sufficient security for the claim sought to be enforced by the action, and
4. that the amount due to the applicant, or the value of the property the possession of which he is
entitled to recover, is as much as the sum for which the order is granted above all legal counterclaims.
5. The affidavit, and the bond required by the next succeeding section, must be duly filed with the
court before the order issues.
How can the property of a party attached? (Sec 5. Manner of attaching property.)
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The sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await
judgment and execution in the action, only so much of the property in the Philippines of the party against
whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the applicant's
demand, unless the former makes a deposit with the court from which the writ is issued, or gives a
counter-bond executed to the applicant, in an amount equal to the bond fixed by the court in the order of
attachment or to the value of the property to be attached, exclusive of costs. No levy on attachment
pursuant to the writ issued under section 2 hereof shall be enforced unless it is preceded, or
contemporaneously accompanied, by service of summons, together with a copy of the complaint, the
application for attachment the applicant's affidavit and bond, and the order and writ of attachment, on
the defendant within the Philippines.
The requirement of prior or contemporaneous service of summons shall not apply where the summons
could not be served personally or by substituted service despite diligent efforts, or the defendant is a
resident of the Philippines temporarily absent therefrom, or the defendant is a non-resident of the
Philippines, or the action is one in rem or quasi in rem
What is the remedy of the party against whom the writ was issued?
The party against whom the property against whom writ of attachment is issued can make a deposit
with the court from which the writ is issued, or gives a counter-bond executed to the applicant, in an
amount equal to the bond fixed by the court in the order of attachment or to the value of the property to
be attached, exclusive of costs.
What are the requirements before the sheriff can effect levy on attachment?
No levy on attachment pursuant to the writ issued under Sec. 2 hereof shall be enforced unless it is
preceded, or contemporaneously served by:
1. Service of Summons
2. Copy of the complaint
3. Application for attachment
4. The applicants affidavit and bond; and
5. The order and writ of attachment, on the defendant within the Philippines
What is the remedy of the party whose property has been attached?
After the writ of attachment has been enforced, the party whose property has been attached, or the
person appearing on his behalf, may move for the discharge of the attachment wholly or in part on the
security given.
What are the requirements for the discharge of attachment?
The court shall, after due notice and hearing, order the discharge of the attachment subject to the
condition that:
1. The movant makes a deposit, or files a counter-bond executed to the attaching party with the
clerk of the court where the application is made, in an amount equal to that fixed by the court in the
order of attachment, exclusive of costs;
2. If the attachment is sought to be discharged with respect to a particular property, the

counterbond shall be equal to the value of that property as determined by the court;
3. In either case, the cash deposit or the counter-bond shall secure the payment of any judgement
that the attaching party may recover in the action. A notice of the deposit shall forthwith be served
on the attaching party.
What are the effects of discharge of attachment?
Upon the discharge of an attachment in accordance with the provisions of this section it has the
following effects:
1. The property attached, or the proceeds of any sale thereof, shall be delivered to the party making
the deposit or giving the counterbond, or to the person appearing on his behalf;
2. The deposit or counterbond aforesaid standing in place of the property so released.
What is the remedy of the applicant if the counter-bond is insufficient or failed to file additional bond?
Should such counter-bond for any reason be found to be, or become insufficient, and the party
furnishing the same fail to file an additional counter-bond, the attaching party may apply for a new order
of attachment.
What is the other remedy of the party against whom attachment is issued?
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The party whose property has been ordered attached may file a motion with the court in which the
action is pending, before or after levy or even after the release of the attached property, for an order to
set aside or discharge the attachment.
What are the grounds for the setting aside of the writ of attachment?
1. The same was improperly or irregularly issued or enforced;

2. That the bond is insufficient;
3. If the attachment is excessive, the discharge shall be limited to the excess
Family home exempt from execution are exempt from attachment and forced sale
Art. 155 of the Family Code expressly provides that family home shall be exempt from execution, forced
sale or attachment except for several instances. It states that:
Art. 55. The family home shall be exempt from execution, forced sale, or attachment except:
1. for non-payment of taxes;

2. for debts incurred prior to the constitution of the family home;
3. for debts secured by mortgages on the premises before or after such constitution; and
4. for debts due to the labourers, mechanics, architects, builders, materialmen and others who have
rendered service or furnished material for the construction of the building.
*Remedy of certiorari an available remedy in case of irregular and excess of jurisdiction in the issuance
of the writ of attachment.
TERCERIA- - if the property attached is claimed by a 3rd person, such person shall execute an
afiidavit of his
title to or right of possession to the property attached stating in the affidavit the grounds
of such right or title. He shall serve the affidavit upon the sheriff and a copy thereof to the
attaching party. When so served, the sheriff shall not keep the property attached. The
3rd party claim is called terceria. The attaching party may however, defeat the terceria if
he files a bond to protect the sheriff who shall then not be liable for the taking or keeping
of the property to the 3rd party claimant if such bond is posted. The bond does not
however, prevent the claimant from vindicating his claim to the property by filing an
action against the sheriff. Even the attaching party may claim damages from the claimant
if the latter's claim is frivolous
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RULE 58- INJUNCTION
What is Preliminary Injunction -A preliminary injunction is an order granted at any stage of an

action or
proceeding prior to the judgment or final order, requiring a party
or a court, agency or a person to refrain from a particular act or
acts. It may also require the performance of a particular act or
acts, in which case it shall be known as a preliminary mandatory
injunction.
Kinds
1. Prohibitory injunction -an injunction which commands a party to refrain from doing a
particular act.
2. Mandatory injunction -an injunction which commands the performance of some positive
act
to correct a wrong in the past
What is Preliminary prohibitory injunction -an order granted at any stage of the action or proceeding prior to
the
judgement or final order, requiring a party or court, agency or a
person to refrain from a particular act or acts.
What is Preliminary mandatory injunction -is an order granted at any stage of the action or proceeding prior
to the
judgement or final order requiring the performance of a particular
act or acts.
What is a Permanent injunction? -Final/Permanent injunction is one issued in the judgement in the
case
permanently restraining the defendant or making the preliminary
injunction permanent.
Nature of preliminary mandatory injunction
A preliminary mandatory injunction is more cautiously regarded than a mere prohibitive injunction
since, more than its function of preserving the status quo between the parties, it also commands the
performance of an act. Accordingly, the issuance of a writ of preliminary mandatory injunction is
justified only in a clear case, free from doubt or dispute. When the complainants rights is doubtful or
disputed, he does not have a clear legal right claimed by applicant, as basis for seeking injunctive relief,
be conclusively established, it is still necessary to show, at least tentatively, that the right exists and is
not vitiated by any substantial challenge or contradiction.
Grounds for issuance of preliminary injunction. (Sec 3)
A preliminary injunction may be granted when it is established:
(a) That the applicant is entitled to the relief demanded, and the whole or part of such relief consists
in restraining the commission or continuance of the act or acts complained of, or in requiring the
performance of an act or acts either for a limited period or perpetually;
(b) That the commission, continuance or non-performance of the act or acts complained of during
the litigation would probably work injustice to the applicant; or
(c) That a party, court, agency or a person is doing, threatening, or is attempting to do, or is
procuring or suffering to be done some act or acts probably in violation of the rights of the applicant
respecting the subject of the action or proceeding, and tending to render the judgment ineffectual.
(3a)
What do you mean by Irreparable damage and injury?

Injunction will not lie in what instances?
a. Government infrastructure projects [R.A. No. 8975]

b. courts of coordinate jurisdiction [doctrine of judicial stability/non-interference]
c. Criminal proceedings
Exceptions: BROCKA VS. ENRILE
1. WHEN NECESSARY TO AFFORD ADEQUATE PROTECTION TO THE CONSTITUTIONAL RIGHTS OF

THE ACCUSED.
2. WHEN NECESSARY FOR THE ORDERLY ADMINISTRATION OF JUSTICE OR TO AVOID
OPPRESSION OR MULTIPLICITY OF ACTIONS
3. WHEN THERE IS A PREJUDICIAL QUESTION WHICH IS SUBJUDICE
4. WHEN THE ACTS OF THE OFFICER ARE WITHOUT OR IN EXCESS OF AUTHORITY
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5. WHERE THE PROSECUTION IS UNDER AN INVALID LAW, ORDINANCE OR REGULATION

6. WHEN DOUBLE JEOPARDY IS CLEARLY APPARENT
7. WHERE THE COURT HAS NO JURISDICTION OVE RTHE OFFENCE
8. WHERE IT IS A CASE OF PERSECUTION AND NOT PROSECUTION
9. WHERE THE CHARGES ARE MANIFESTLY FALSE AND MOTIVATED BY THE LUST FOR VENGEANCE
10. WHEN THERE IS CLEARLY NO PRIMA FACIE CASE AGAINST THE ACCUSED AND A MOTION TO
QUASH ON THAT GROUND HAS BEEN DENIED
Requisites (Sec 4)
A preliminary injunction or temporary restraining order may be granted only when:
(a) The application in the action or proceeding is verified, and shows facts entitling the applicant to
the relief demanded; and
(b) Unless exempted by the court the applicant files with the court where the action or proceeding is
pending, a bond executed to the party or person enjoined, in an amount to be fixed by the court, to
the effect that the applicant will pay to such party or person all damages which he may sustain by
reason of the injunction or temporary restraining order if the court should finally decide that the
applicant was not entitled thereto. Upon approval of the requisite bond, a writ of preliminary
injunction shall be issued.
(c) When an application for a writ of preliminary injunction or a temporary restraining order is
included in a complaint or any initiatory pleading, the case, if filed in a multiple-sala court, shall be
raffled only after notice to and in the presence of the adverse party or the person to be enjoined. In
any event, such notice shall be preceded, or contemporaneously accompanied, by service of
summons, together with a copy of the complaint or initiatory pleading and the applicant's affidavit
and bond, upon the adverse party in the Philippines.
However, where the summons could not be served personally or by substituted service despite
diligent efforts, or the adverse party is a resident of the Philippines temporarily absent therefrom or
is a nonresident thereof, the requirement of prior or contemporaneous service of summons shall not
apply.
(d) The application for a temporary restraining order shall thereafter be acted upon only after all
parties are heard in a summary hearing which shall be conducted within 24 hours after the sheriff's
return of service and/or the records are received by the branch selected by raffle and to which the
records shall be transmitted immediately.
Is injunction available in Summary Proceedings? YES
Rule 70 [FEUD]
Section 15. Preliminary injunction. The court may grant preliminary injunction, in accordance with the
provisions of Rule 58 hereof, to prevent the defendant from committing further acts of dispossession
against the plaintiff.
A possessor deprived of his possession through forcible from the filing of the complaint, present a
motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary
mandatory injunction to restore him in his possession. The court shall decide the motion within 30 days
from the filing thereof.
Section 20. Preliminary mandatory injunction in case of appeal. Upon motion of the plaintiff, within 10
days from the perfection of the appeal to the Regional Trial Court, the latter may issue a writ of
preliminary mandatory injunction to restore the plaintiff in possession if the court is satisfied that the
defendant's appeal is frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious.
Mandamus vs. Mandatory Injunction

MANDAMUS MANDATORY INJUNCTION
Directed against a court, tribunal or person Directed against a party in the action
exercising judicial powers
May be on the ground that the court against whom Does not involve the jurisdiction of the court
the writ is sought acted without or in excess of
jurisdiction and unlawfully neglects the performance
of an act which the law specifically enjoins as a duty
being ministerial in nature
Always main action May be the main action itself, or just a provisional
remedy
When can a TRO be issued ex parte?
[Sec. 5] However, and subject to the provisions of the preceding sections, if the matter is of extreme
urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of a
multiple-sala court or the presiding judge of a single sala court may issue ex parte a TRO effective for
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only 72 hours from issuance but he shall immediately comply with the provisions of the next preceding
section as to service of summons and the documents to be served therewith. Thereafter, within the
aforesaid 72 hours, the judge before whom the case is pending shall conduct a summary hearing to
determine whether the temporary restraining order shall be extended until the application for
preliminary injunction can be heard. In no case shall the total period of effectivity of the temporary
restraining order exceed 20 days, including the original 72 hours provided herein.
** Lifetime of TRO CA- 60 days from service

SC- Effective until further orders
RULE 59- RECEIVERSHIP
Receivership -A provisional remedy wherein the property, real or

personal,
which is subject to a litigation, is placed in the possession
and control of a receiver appointed by the court, who shall
conserve it pending final determination of the title or right
to possession over it.
Grounds for the appointment of Receiver
(a) When it appears from the verified application, and such other proof as the court may require, that the
party applying for the appointment of a receiver has an interest in the property or fund which is the
subject of the action or proceeding, and that such property or fund is in danger of being lost, removed, or
materially injured unless a receiver be appointed to administer and preserve it;
(b) When it appears in an action by the mortgagee for the foreclosure of a mortgage that the property is in
danger of being wasted or dissipated or materially injured, and that its value is probably insufficient to
discharge the mortgage debt, or that the parties have so stipulated in the contract of mortgage;
(c) After judgment, to preserve the property during the pendency of an appeal, or to dispose of it
according to the judgment, or to aid execution when the execution has been returned unsatisfied or the
judgment obligor refuses to apply his property in satisfaction of the judgment, or otherwise to carry the
judgment into effect;
(d) Whenever in other cases it appears that the appointment of a receiver is the most convenient and
feasible means of preserving, administering, or disposing of the property in litigation.
Requirements for the issuance of an order of a receiver:
1. Verified motion
2. Cases covered
3. Bond
RULE 60- REPLEVIN
What is Replevin? -an action to recover possession of personal property of

which
the plaintiff claims the right of immediate possession.
Nature -Provisional remedy or main action
Requirements for the application of a writ of replevin
1. Verified motion
2. Affidavit showing that:
a. The movant is the owner of the thing claimed, or entitled to possession thereof
b. The property is wrongfully detained by the adverse party
c. The property has not been distrained or taken for tax assessment or a fine pursuant to law, or seized
under writ of execution or preliminary attachment, or otherwise placed in custodia legis, or if so
seized, that it is exempt from such seizure or custody.
3. Actual market value of the property
4. Bond, double the value of the property as mentioned in the affidavit
Replevin vs. Attachment

REPLEVIN ATTACHMENT
Available only if the principal relief is the recovery of Available even if the recovery of personal property is
possession of personal property only an incidental relief
Defendant has possession of personal property Personal property may be possessed by a 3rd person
Personal property capable of manual delivery All kinds of property (real, personal or incorporeal)
Available to recover personal property even if the Property is presupposed to be concealed, removed or
same is not being concealed, removed or disposed of. disposed of.
Not available if property is in custodia legis Available if property is in custodia legis
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Filed at the commencement of the action, or at any Filed at the commencement of the action, or at any
time before answer time before judgement
Is replevin available in Criminal Proceedings? YES
In cases of illegal search, items were seized
RULE 61- SUPPORT PENDENTE LITE
What is Support Pendente Lite? -an amount adjudicated by the court during the pendency
of an
action for support upon application of the plaintiff at the
commencement of an action or at anytime afterwards.
What are the requirements for the application for Support Pendente Lite?
1. Verified motion
2. State the grounds for the claim
3. State the financial conditions of both parties, accompanied by affidavits or other authentic documents in
support thereof.
Which court can issue Order of Support? Family Courts; RTC in the absence of Family courts in the
area
What is the remedy for refusal to comply with Order of Support?
Since an Order of Support is immediately executory, ________________
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SPECIAL CIVIL ACTIONS
What is a SCA? -is a kind of action which are governed by its own special rules
particularly Rule
62 to 71 of the 1997 ROC and such other actions as may be declared by
the SC
What are the kinds of SCA under the Rules?
1. Interpleader
2. Declaratory relief and other similar reliefs
3. Review of judgement, final order and resolution of the COA and COMELEC
4. Certiorari, Prohibition and Mandamus
5. Quo Warranto
6. Expropriation
7. Foreclosure of REM
8. Partition
9. FEUD
10. Contempt
Other SCA
1. Writ of Kalikasan
2. Writ of Continuing Mandamus
**How can a SCA be commenced?
BY COMPLAINT: BY PETITION:
1. Interpleader 1. Declaratory relief and other similar reliefs

2. Expropriation 2. Review of judgement, final order and resolution of the COA and COMELEC
3. Foreclosure of REM 3. Certiorari, Prohibition and Mandamus
4. Partition 4. Quo Warranto
5. FEUD 5. Indirect Contempt
RULE 62- INTERPLEADER
What is an Interpleader? -is a remedy whereby a person who has property whether personal or
real, in
his possession, or an obligation to render wholly or partially, without
claiming any right in both, or claims an interest which in whole or in part
is not disputed by the conflicting claimants, comes to court and asks that
the persons who claim the property or who consider themselves entitled
to demand compliance with the obligation, be required to litigate among
themselves, in order to determine finally who is entitled to the property or
payment of the obligation.
Jurisdiction/Venue
Depending on whether the subject matter is real or personal, based on value
When to file responsive pleading?
Section 5. Answer and other pleadings. Each claimant shall file his answer setting forth his claim within
15 days from service of the summons upon him, serving a copy thereof upon each of the other conflicting
claimants who may file their reply thereto as provided by these Rules. If any claimant fails to plead within
the time herein fixed, the court may, on motion, declare him in default and thereafter render judgment
barring him from any claim in respect to the subject matter.
** Intervention vs. Interpleader

INTERVENTION INTERPLEADER
Ancillary action Original action
Is proper in any of the 4 situations mentioned in Rule Plaintiff has no interest in the subject matter of the
19 wherein a 3rd person has a legal interest over the action or has an interest therein which, in whole or in
subject matter of the action, or in the success of part, is not disputed by the other parties to the action
either or against both, or will be greatly affected in
the disposition of the property subject of the action.
The defendants are already original parties to the The defendants are being sued precisely to implead
pending suit them
RULE 71- CONTEMPT
What is Contempt? -A wilful disregard or disobedience

-Constitutes a disobedience to the court by acting in
opposition to its authority, justice and dignity
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-comprehends a despising of the authority, justice or

dignity of a court
**Nature -Proceedings for contempt are sui generis, in nature

criminal,
but may be resorted to in civil as well as criminal actions,
and independently of any action.
Kinds of contempt
1. Direct - Misbehaviour in the presence of or so near a court as to

obstruct or interrupt the proceedings before the same,
including disrespect toward the court, offensive
personalities toward others, or refusal to be sworn or to
answer as a witness, or to subscribe an affidavit or
deposition when lawfully required to do so.
2. Indirect -Consists of wilful disobedience of or resistance to a lawful

writ,
process, order, or judgment of a court
3. Civil -Consists in the failure to do something ordered to be done

by a
court or judge in a civil case for the benefit of the
opposing party therein.
4. Criminal -Consists in conduct that is directed against the authority

and
dignity of a court or of a judge acting judicially, as in
unlawful assailing or discrediting the authority and dignity
of the court or judge, or in doing a duly forbidden act
5. Out of court Contempt
6. In-Court Contempt
What are the actions constituting Indirect Contempt?
Section 3. Indirect contempt to be punished after charge and hearing. After a charge in writing has been
filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by
the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished
for indirect contempt;
(a) Misbehavior of an officer of a court in the performance of his official duties or in his official
transactions;
(b) Disobedience of or resistance to a lawful writ, process, order, or judgment of a court, including the
act of a person who, after being dispossessed or ejected from any real property by the judgment or
process of any court of competent jurisdiction, enters or attempts or induces another to enter into or
upon such real property, for the purpose of executing acts of ownership or possession, or in any
manner disturbs the possession given to the person adjudged to be entitled thereto;
(c) Any abuse of or any unlawful interference with the processes or proceedings of a court not
constituting direct contempt under section 1 of this Rule;
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice;
(e) Assuming to be an attorney or an officer of a court, and acting as such without authority;
(f) Failure to obey a subpoena duly served;
(g) The rescue, or attempted rescue, of a person or property in the custody of an officer by virtue of an
order or process of a court held by him.
But nothing in this section shall be so construed as to prevent the court from issuing process to bring the
respondent into court, or from holding him in custody pending such proceedings.
What is the remedy in case of indirect contempt?/ -Appeal + Bond

Is appeal an adequate remedy?
Where filed?
Sec 12. Contempt against quasi-judicial entities. Unless otherwise provided by law, this Rule shall
apply to contempt committed against persons, entities, bodies or agencies exercising quasi-judicial
80
functions, or shall have suppletory effect to such rules as they may have adopted pursuant to
authority granted to them by law to punish for contempt. The RTC of the place wherein the contempt
has been committed shall have jurisdiction over such charges as may be filed therefor.
Can the Labor Arbiter/NLRC entertain complaint for indirect contempt? YES
ART. 218, LABOR CODE
A person guilty of misbehavior in the presence of or so near the Chairman or any member of the
Commission or any Labor Arbiter as to obstruct or interrupt the proceedings before the same, including
disrespect toward said officials, offensive personalities toward others, or refusal to be sworn, or to
answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so, may be
summarily adjudged in direct contempt by said officials and punished by fine not exceeding five
hundred pesos (P500) or imprisonment not exceeding five (5) days, or both, if it be the Commission, or a
member thereof, or by a fine not exceeding one hundred pesos (P100) or imprisonment not exceeding
one (1) day, or both, if it be a Labor Arbiter.
Case: Estrada
**Punishment
DIRECT CONTEMPT INDIRECT CONTEMPT
Committed against an RTC or a court of equivalent Committed against an RTC or a court of
or higher rank: equivalent or higher rank:
A fine not exceeding 2000 pesos or imprisonment A fine not 30,000 pesos or imprisonment not
not exceeding 10 days, or both. exceeding 6 months, or both.
Committed against a lower court: Committed against a lower court:
A fine not exceeding 200 pesos or imprisonment not A fine not exceeding 5,000 pesos or imprisonment
exceeding 1 day, or both, if it be a lower court. not exceeding 1 month, or both.
If the contempt consists in the violation of a writ of

injunction, temporary restraining order or status
quo order, he may also be ordered to make
complete restitution to the party injured by such
violation of the property involved or such amount
as may be alleged and proved.
RULE 63- DECLARATORY RELIEF
What is Declaratory Relief? -is a SCA brought in the RTC by a person who is interested under a
deed,
will, contract, or other written instrument, or whose rights are
affected by a statute, executive order or regulation, ordinance, or
any other government regulation, before breach or violation
thereof, asking the court to determine any question of
construction or validity arising, and for a declaration of his rights
or duties thereunder.
What are the other similar reliefs under Rule 63?
1. Action for Reformation of an instrument

2. Action to Quiet title to real property or to remove clouds therefrom
3. Action to consolidate ownership (under Art. 1607 NCC)
Which court has jurisdiction over petition for declaratory relief?
RTC as provided under Sec. 1, Rule 63, and also because the subject matter of the action is incapable of
pecuniary estimation
Requirements of an action for declaratory relief?
1. There must be a justiciable controversy

2. The controversy must be between persons whose interests are adverse
3. The party seeking declaratory relief must have a legal interest in the controversy; and
4. The issue involved must be ripe for judicial determination.
REFORMATION OF INSTRUMENT
Requirements for reformation of instrument?
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ART. 1359
When, there having been a meeting of the minds of the parties to a contract, their true intention is not
expressed in the instrument purporting to embody the agreement, by reason of mistake, fraud,
inequitable conduct or accident, one of the parties may ask for the reformation of the instrument to
the end that such true intention may be expressed.
What are the instances when reformation of instrument is not proper?
NCC, Art 1366.
There shall be no reformation in the following cases:
(1) Simple donations inter vivos wherein no condition is imposed;
(2) Wills;
(3) When the real agreement is void.
QUIETING OF TITLE
When is quieting of title proper?
NCC, Art. 476 (CHAPTER 3, Quieting of Title )
1. Whenever there is a cloud on title to real property or any interest therein, by reason of any
instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in
truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an
action may be brought to remove such cloud or to quiet the title.
Which court has jurisdiction over an action for quieting of title?
Based on value of real property
CONSOLIDATION OF OWNERSHIP
When is the remedy of consolidation of ownership proper?
In case of real property, the consolidation of ownership in the vendee by virtue of the failure of the vendor to
comply with the provisions or Art. 1616 shall not be recorded in the Registry of Property without a judicial
order, after the vendor has been duly heard.
Jurisdiction? RTC, incapable of pecuniary estimation
RULE 70- FORCIBLE ENTRY AND UNLAWFUL DETAINER

What is Forcible Entry
What is Unlawful Detainer
Forcible Entry vs. Unlawful Detainer

FORCIBLE ENTRY UNLAWFUL DETAINER
What is the nature of FEUD? Summary

Real as to venue
In personam as to jurisdiction
What is the remedy in case of adverse decision? Appeal
Section 19. Immediate execution of judgment; how to stay same. If judgment is rendered against the
defendant, execution shall issue immediately upon motion unless an appeal has been perfected and the
defendant to stay execution files a sufficient supersedeas bond, approved by the MTC and executed in favor
of the plaintiff to pay the rents, damages, and costs accruing down to the time of the judgment appealed
from, and unless, during the pendency of the appeal, he deposits with the appellate court the amount of rent
due from time to time under the contract, if any, as determined by the judgment of the MTC. In the absence
of a contract, he shall deposit with the RTC the reasonable value of the use and occupation of the premises
for the preceding month or period at the rate determined by the judgment of the lower court on or before
the tenth day of each succeeding month or period. The supersedeas bond shall be transmitted by the MTC,
with the papers, to the clerk of the RTC to which the action is appealed.
What is the effect of failure to make the payments?
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All amounts so paid to the appellate court shall be deposited with said court or authorized government
depositary bank, and shall be held there until the final disposition of the appeal, unless the court, by
agreement of the interested parties, or in the absence of reasonable grounds of opposition to a motion to
withdraw, or for justifiable reasons, shall decree otherwise. Should the defendant fail to make the payments
above prescribed from time to time during the pendency of the appeal, the appellate court, upon motion of
the plaintiff, and upon proof of such failure, shall order the execution of the judgment appealed from with
respect to the restoration of possession, but such execution shall not be a bar to the appeal taking its
course until the final disposition thereof on the merits...
What are the prohibited pleadings and motions?
Section 13. Prohibited pleadings and motions. The following petitions, motions, or pleadings shall not be
allowed:
1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the subject matter,
or failure to comply with section 12;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file pleadings, affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
8. Motion to declare the defendant in default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints;
12. Interventions.
What are the pleadings allowed?
Section 4. Pleadings allowed. The only pleadings allowed to be filed are the complaint, compulsory
counterclaim and cross-claim pleaded in the answer, and the answers thereto. All pleadings shall be
verified.
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Is Preliminary Mandatory/Prohibitory injunction available under Rule 70? YES
Section 15. Preliminary injunction. The court may grant preliminary injunction, in accordance with the
provisions of Rule 58 hereof, to prevent the defendant from committing further acts of dispossession
against the plaintiff.
A possessor deprived of his possession through forcible from the filing of the complaint, present a
motion in the action for forcible entry or unlawful detainer for the issuance of a writ of preliminary
mandatory injunction to restore him in his possession. The court shall decide the motion within 30 days
from the filing thereof.
Section 20. Preliminary mandatory injunction in case of appeal. Upon motion of the plaintiff, within 10
days from the perfection of the appeal to the RTC, the latter may issue a writ of preliminary mandatory
injunction to restore the plaintiff in possession if the court is satisfied that the defendant's appeal is
frivolous or dilatory or that the appeal of the plaintiff is prima facie meritorious.
RULE 69- PARTITION
What is partition? -the separation, division and assignment of a thing held in

common among those to whom it may belong. The thing
itself be divided or its value.
What is the nature of partition - quasi in rem
Jurisdiction and venue -depending on value
What are the stages of partition
1. Determination of issues of ownership

2. Issuance of order of partition
Remedy in case of adverse decision? -Appeal (Record on appeal)

Multiple appeals:
1. Order of Partition
2. Judgement of accounting for fruits and income
3. Final judgement of partition
When to Appeal? Notice of denial of MR or MNT (Neypes Ruling)
RULE 64- REVIEW OF JUDGEMENT AND FINAL ORDERS OF THE COA AND COMELEC
What is the Constitutional basis for Rule 64?
Sec. 7, Art IX-A
Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each
Commission may be brought to the SC on certiorari by the aggrieved party within thirty days from
receipt of a copy thereof.
What is the remedy in case of grave abuse of discretion on the part of the CSC?
RULE 65- CERTIORARI, PROHIBITION, MANDAMUS
What is Certiorari, Prohibition and Mandamus
Certiorari - When any tribunal, board or officer exercising judicial or quasi-

judicial
functions has acted without or in excess its or his jurisdiction, or
with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal, or any plain, speedy, and
adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty and praying that judgment be
rendered annulling or modifying the proceedings of such tribunal,
board or officer, and granting such incidental reliefs as law and
justice may require.
Prohibition? -is a SCA against a tribunal, corporation, officer, or person

exercising
judicial, quasi-judicial or ministerial function which is alleged in a
verified petition filed by an aggrieved party to be acting or about
to act without jurisdiction or in excess of its jurisdiction, or with
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grave abuse of discretion amounting to lack or excess of

jurisdiction, and there is neither appeal nor any plain, speedy and
adequate remedy in the ordinary course of law, praying that
judgement be rendered commanding the respondent to desist
from further proceeding in the action or matter specified therein,
or otherwise granting such incidental reliefs as law and justice
may require.
Mandamus? -is a SCA against a tribunal, corporation, board, officer or person

which
is alleged in a verified petition filed by an aggrieved party to have
unlawfully neglected the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or
station, or unlawfully excludes another from the use and
enjoyment of a right or office to which such other is entitled, and
there is no other plain, speedy, and adequate remedy in the
ordinary course of law, praying that judgement be rendered
commanding the respondent, immediately or at some other time
to be specified by the court, to do the act required to be done to
protect the rights of the petitioners and to pay the damages
sustained by the petitioner by reason of the wrongful acts of the
respondent.
Certiorari, Prohibition and Mandamus

CERTIORARI PROHIBITION MANDAMUS
PURPOSE Intended to correct an act Intended to prevent the Intended to compel the
performed by the commission or carrying performance of the act
respondents out of an act desired
ACT SOUGHT TO BE Discretionary acts Discretionary and Ministerial acts
CONTROLLED ministerial acts
RESPONDENT Respondent exercising Respondents who exercise judicial and/or non-judicial
J/QJ functions functions
45 vs. 65 (MUTUALLY EXCLUSIVE!)

45 65
Mode of appeal/ Original or independent action/ SCA
Continuation of the original case
Parties to an appeal are the original parties to the Impleads the tribunal, court, board or officer
case
Filed within the period to appeal Filed within 60 days from notice of judgement, order
or resolution
Error of law, fact, judgement Error of jurisdiction
When filed, invokes the appellate jurisdiction of the When filed, invokes the original jurisdiction of the
court court
MR non required MR required
Petition is based on question of law Petition is based on question of jurisdiction
Stays judgement or final order appealed from Unless a writ of preliminary injunction or TRO is
issued, the petition does not stay the challenged
proceeding
Filed only with the Supreme Court Filed with SC, CA, RTC, SB, COMELEC
Involves review of the judgement award or final Can be directed against interlocutory order of the
order on the merits court
RULE 64 VS. RULE 65

RULE 64 RULE 65
Review of the judgement, final orders, or resolutions
Review of the decision, orders or resolutions of the
of the COMELEC and COA court or tribunal exercising judicial and quasi-judicial
functions
Filed within 30 days from notice of judgement or Filed within 60 days from notice of judgement, orders
final order sought to be reviewed or resolution or notice of the denial of the MR or NT
Filed with SC Filed with RTC, SB, CA or SC
observing the hierarchy of courts
Filing of MR can be made if allowed by the rules of Filing of MR is a condition sine qua non for the filing of
the Commission the petition, unless it falls under the exceptions
Material Dates rule -under the Material Dates Rule, a petition must allege 3 material
dates
which are necessary:
1. The date when the judgement or final order or resolution was

received
2. The date when the MR or MNT was filed
85
3. The date when the notice of the denial thereof was received.
What are the exceptions to the rule on the filing of a MR?
1. Where the order is a patent nullity, as where the court a quo has no jurisdiction
2. Where the questions raised in the certiorari proceeding have been duly raised and passed upon by the
lower court, or are the same as those raised and passed upon in the lower court.
3. Where there is an urgent necessity for the resolution of the question and any further delay would
prejudice the interest of the government or the petitioner or the subject of the action is perishable
4. Where, under the circumstances, a MR would be useless
5. Where petitioner was deprived of due process, and there is extreme urgency for relief
6. Where, in a criminal case, relief from an order of arrest is urgent and the granting of such relief by the
trial court is improbable
7. Where the proceedings in the lower court are a nullity for lack of due process
8. Where the proceeding were ex parte or in which the petitioner had no opportunity to object; and
9. Where the issue raised is one purely of law or where public interest is involved.
When is an extraordinary remedy of certiorari available?
A person aggrieved may file a verified petition in the proper court, alleging the facts with certainty and
praying that judgement be rendered annulling or modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and justice may require when any tribunal, board or
officer exercising judicial or quasi-judicial functions has:
1. Acted without or in excess of its or his jurisdiction, or

2. Acted with GAD amounting to lack or excess of its or his jurisdiction; and
3. There is no appeal, or any plain, speedy and adequate remedy in the ordinary course of law.
What is the remedy in case of denial of Petition for Certiorari?
Appeal, since a Petition for Certiorari is an original action.
**What is grave abuse of discretion? -implies such capricious and whimsical exercise of
judgement as to be
equivalent to lack or excess of jurisdiction; in other words, power
is exercised in an arbitrary or despotic manner by reason of
passion, prejudice, or personal hostility; and such exercise is so
patent or so gross as to amount to an evasion of a positive duty or
to a virtual refusal either to perform the duty enjoined or to act at
all in contemplation of law.
RULE 68- FORECLOSURE
What is Foreclosure? -the equitable action by which a mortgagee or a pledge or

any other lien
holder cuts off the right of the debtor whose property is pledged.,
because of default in meeting the obligation
Nature? -action quasi in rem, and real action
Jurisdiction & Venue -Where located, assessed value of the property
What is the Effect of death of one of the parties?
It is an Action that survives, hence:
RULE 86- Claims Against Estate
Sec. 7- mortgage debt due from estate
4 ways of claiming from the estate when the obligation is supported by a mortgage
1. Substitution of heirs, when death occurred during the pendency of the proceedings
2. Abandon mortgage, file a pure money claim against the estate with the Clerk of Court
3. Judicial foreclosure, claim for deficiency judgement
4. Extrajudicial, NO claim for deficiency judgement
Sec.9. How to file a claim. Contents thereof. Notice to executor or administrator.- A claim may be filed
by delivering the same with the necessary vouchers to the CLERK OF COURT and by serving a copy
thereof on the executor or administrator.
Equity of Redemption vs. Right of Redemption

EQUITY OF REDEMPTION RIGHT OF REDEMPTION
86
Available in Judicial foreclosure Available in Extrajudicial foreclosure

Exercised after foreclosure sale, PRIOR to Within 1 year from REGISTRATION of sale
confirmation of foreclosure sale
Amount found to be due be paid to the court or to the

judgement obligee within a period of NOT less than
90 days nor more than 120 days from entry of
judgement
Exception (GBA of 2000):
There is a right of redemption if the foreclosure is in

favour of banks as mortgagees, whether the
foreclosure is judicial or extrajudicial,
1 year counted from the date of REGISTRATION of

the certificate of sale in the RP
Also under GBA of 2000,
If the mortgagor is a juridical entity, the period of

redemption is until, but not after the registration of
the certificate of sale, which in no case shall be more
than 3 months after foreclosure, whichever is earlier
RULE 67- EXPROPRIATION
What is Eminent Domain? -Eminent Domain is the right of the State to acquire private
property for
public use upon payment of just compensation
Nature Inherent
jurisdiction? -RTC, as it is an action the subject matter of which is incapable of

pecuniary estimation (subject matter is propriety of the taking)
Venue -Where property is located
Requisites
What are the 3 stages of expropriation proceedings?
1. Determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety
of its exercise in the contest of the facts involved in the suit
2. Determination by the court of the just compensation for the property sought to be taken
3. Issuance of order of expropriation
What are orders that are appealable?
1. order of compensation
2. order of expropriation
3. final order of just compensation
Remedy in case of order of judgement of expropriation
Appeal within 30 days from notice (notice of appeal + record of appeal + payment of DF)
Requisites for expropriation by LGU (Sec. 19, RA 7160)
1. An ordinance is enacted by the local legislative council authorizing the local chief executive, in behalf of
the LGU, to exercise the power of eminent domain or pursue expropriation proceedings over a
particular private property
2. The power of eminent domain is exercised for public use, purpose or welfare, or for the benefit of the
poor and the landless
3. There is payment of just compensation, as required under Sec. 9, Art III of the Constitution and other
pertinent laws (Deposit of at least 15% of ASSESSED VALUE of the property)
4. A valid and definite offer has been previously made to the owner of the property sought to be
expropriated, but said offer was not accepted
Expropriation vs. Escheat

EXPROPRIATION ESCHEAT
Special Civil Action Special Proceeding
87
Filed for the purpose of taking of property for public Intended to revert back the property of the decedent
use leaving no heir to succeed or person by law entitled
to it
Requirement of payment of just compensation Not required
File in RTC where the property is located Filed in RTC where the deceased last resided or
where his estate may be found if he is residing
outside of the Philippines
PURPOSE: for public purpose PURPOSE: estate shall be for the benefit of public
schools, and public charitable institutions and
centers in said municipalities or cities.
**Remedy for non-payment of just compensation
1. Recover property from expropriator within 5 years after non payment

2. File a collection suit
RULE 66- QUO WARRANTO
What is Quo Warranto? -is a SCA brought by means of a verified petition in the name of the
RP
against:
1. A person who usurps, intrudes into, or unlawfully holds or

exercises a public office, position or franchise; or
2. A public officer who does an act which constitutes a ground for
the forfeiture of his office; or
3. An association which acts as a corporation within the
Philippines without being legally incorporated or without
authority to so act.
Jurisdiction 1. CONCURRENT: SC, CA, RTC

2. SB, in aid of appellate jurisdiction
3. COMELEC, any member of Congress, regional, provincial or city
Under OEC
filed by any voter contesting officer
within 10 days from proclamation 4. RTC, municipal official
5. MTC, barangay official
Venue
Sec 7. Venue. An action under the preceding six sections can be brought only in the SC, the CA, or in
the RTC exercising jurisdiction over the territorial area where the respondent or any of the respondents
resides, but when the Solicitor General commences the action, it may be brought in a RTC in the City of
Manila, in the CA, or in the SC.
88
What is a Writ of Kalikasan? -The writ is a remedy available to a natural or juridical

person,
entity authorized by law, peoples organization, non-
governmental organization, or any public interest group
accredited by or registered with any government agency,
on behalf of persons whose constitutional right to a
balanced and healthful ecology is violated, or threatened
with violation by an unlawful act or omission of a public
official or employee, or private individual or entity,
involving environmental damage of such magnitude as to
prejudice the life, health or property of inhabitants in two
or more cities or provinces.
What is a Writ of Continuing Mandamus? -Continuing mandamus is a writ issued by a court in an

environmental case directing any agency or instrumentality
of the government or officer thereof to perform an act or
series of acts decreed by final judgment which shall remain
effective until judgment is fully satisfied.
89
REMEDIES
MT_civpro_2ndsem12-13
1. Failure to refer the case with the Barangay
Ordinary Civil Action:
Defendant:
MTD on the ground of failure to comply with condition precedent
If denied, file Answer and set the ground as affirmative defense within the remaining period which should
not be less than 5 days in any case, proceed with trial; In case of adverse decision, appeal and assign the
denial of the MTD as error, except when tainted with grave abuse of discretion, MR then 65
Plaintiff (MTD of Defendant granted):

1. Before filing and service of Answer: Amend the complaint, as a matter of right
2. After filing and service of Answer: Amend the complaint, as a matter of discretion
3. Comply with condition precedent and refile
EXCEPT in Small Claims
2. Complete relief as regards the counterclaim or crossclaim other than the original parties to the action
RULE 6- Kinds of Pleadings
Section 12. Bringing new parties. When the presence of parties other than those to the original action is
required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court
shall order them to be brought in as defendants, if jurisdiction over them can be obtained
3. Order of Default
Defendant: 1. Motion to Lift Order of Default

2. Motion to Admit Answer + Answer
4. Dismissal by Plaintiff
Plaintiff: Refile, except when refilling is barred by the 2-dismissal rule or expressly stated in the notice of
dismissal to be with prejudice or the notice is premised on the fact of payment by the defendant of the claim
involved, in such case the proper remedy would be to appeal. Moreover, the remedy of appeal is proper in case
of dismissal due to fault of the plaintiff under Rule 17, Sec 3.
5. Splitting of Causes of Action
MTD on the ground of Litis Pendentia or Res Judicata
6. Judgement by Default
1. After judgement and before it becomes final and executory - MNT
2. after judgement becomes final and executory -38
3. Grave abuse of discretion -65
7. Denial of Motion for Bill of Particulars
File Answer within the remaining period which should not be less than 5 days in any case, proceed with
trial; In case of adverse decision, appeal and assign the denial of the MBP as error, except when tainted
with grave abuse of discretion, MR then 65
8. Denial of Notice of Lis Pendens
File Appeal en Consulta within 5 days from notice of order of denial of registration with the LRA. In case of
denial Appeal with CA under Rule 43.
9. Denial of Motion to Lift Order of Default
MR under Sec. 4 Rule 65. In case of denial, 65
10. Failure of Plaintiff to appear during Pre-trial Conference
Appeal, as the dismissal is with prejudice.
11. Acts of Forum shopping
MTD on the ground of Litis Pendentia or Res Judicata. In case of willful and deliberate forum shopping, the
court shall summarily dismissal with prejudice and shall constitute direct contempt, as well as cause for
administrative sanctions, based on Rule 7.
90
12. Allegations of Actionable Document
Specific denial under oath in the responsive pleading, except when the adverse party does not appear to
be a party to the instrument or compliance with order for an inspection of the original instrument is refused
(Rule 27-Production or Inspection of Documents or Things)
91

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Jutsu 2.

0 Q&A- CIVPRO year 2013

Tip: memorize all, IN VERBATIM!

NATURE OF REMEDIAL LAW- prospective in application;

SUBSTANTIVE VS. PROCEDURAL LAW

Prospective in application Governs rights and transactions which took place

4 DIVISIONS OF REMEDIAL LAW

1. Civil Procedure (Rules 1-71)

A civil action may be ordinary or special. (R1 S3a)

SPECIAL PROCEEDING - A remedy by which a party seeks to establish a status, a right, or a

DIVISIONS OF CIVIL PROCEDURE:

2. Provisional remedies (Rules 57-61) -(provisional means temporary, preliminary or tentative)

a. RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. No. 09-6-8-SC)

WHAT IS JUDICIAL POWER?

EXPANDED JUDICIAL POWER-

COURT- are judicial tribunals in the administration of justice.

1. CONSTITUTIONAL COURTS - created by the Constitution

2. STATUTORY COURTS -those created by law other than the Constitution

1. SB PD 1606 (after 1987 Consti)

7. COURTS OF LAW - tribunals duly administering the laws of the land.

Department the Supreme Court as provided in this Constitution without

judicial power includes the duty of the courts of justice to settle

1. exercise original jurisdiction over cases affecting AOC and

2. RRRMA on appeal or certiorari (rule 45), as the law or the

a. All cases in which the constitutionality or validity of any

3. assign temporarily judges of lower courts to other stations as

4. order a change of venue or place of trial to avoid a

5. promulgate rules concerning the protection and enforcement

JURISDICTION VS. VENUE

B. AS TO NATURE OF THE CAUSE:

C. AS TO NATURE AND EXTENT OF EXERCISE:

DOCTRINE OF ANCILLARY JURISDICTION - it involved the inherent or implied powers of the

EXCLUSIVE ORIGINAL JURISDICTION -the power to adjudicate on actions or proceedings

WHAT IS PRIMARY JURISDICTION? The power of an administrative agency exercising quasi-judicial

a. All cases in which the constitutionality or validity of any

ADMINISTRATIVE JURISDICTION: A8, S6, Consti

DOCTRINE OF NON-INTERFERENCE/ - no court has authority to interfere by injunction with the

QUESTIONS OF LAW VS. ERRORS OF LAW?

ii. CONCURRENT, with

2 From RTC on constitutional, from CSC (RA 7902)

NOA INTERMEDIATE REVIEW

where a lesser penalty is imposed but for offenses

a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial

g) Presidents, directors or trustees, or managers of GOCCS, state universities or educational

h) Members of Congress and officials thereof classified as SG27 and higher;

i) Members of the judiciary, without prejudice to the provisions of the Constitution;

in tax collection cases:

Gross value - total value of a property before deductions.

HOW IS JURISDICTION ACQUIRED OVER:

b. Defendant i. valid service of summons

2. RES i. seizure of the property under the legal process, or

3. ISSUE -conferred by law

4. SUBJECT MATTER -conferred by law

5. CLAIM -payment of docket fee

Arising from: contracts of sale, lease, loan, mortgage and services

Damages: fraud, negligence

What is the Exclusive original jurisdiction of the MTC?

What are the 16 cities and 1 municipality

a. Devices or schemes employed by, or

b. Controversies arising out of intra-

c. Controversies in the election or

to handle exclusively criminal cases as designated by the SC

ii. CONCURRENT, with

1. offenses involving damage to property through criminal negligence,