Sie sind auf Seite 1von 65

JURISDICTION

The solar system of remedial law revolves around the sun of jurisdiction. The most important
issue in remedial law is jurisdiction.

REMEMBER:
1. Any judgment, decision, final order, or resolution rendered by a court without jurisdiction
is null and void.
2. Any authority of the court can only be exercised if there is justiciable controversy. If the
controversy is not justiciable, it is beyond the scope of the court.
3. Venue is jurisdictional in criminal cases.
4. Jurisdiction over the issues is determined by the allegations in the pleadings.
5. Jurisdiction over the res is not necessary but if the court cannot acquire jurisdiction over
the person of the defendant and acquires jurisdiction over the res, then the case can
continue.
6. Jurisdiction over the subject matter is conferred by law.

Illustration: A petition for certiorari was filed before the SC. It should be dismissed because the
petition should have been filed with the lower pursuant to the principle of hierarchy of courts.

What is jurisdiction? How is it related to justiciable controversy?


The power of the court to hear and decide a case. The necessity therefore before jurisdiction is
applied is that, first, there must be justiciable controversy. So if the controversy is not justiciable
under the concept in constitutional law, there will be no exercise of jurisdiction.

Where does jurisdiction lies?


It lies with the court the regular courts

What are the regular courts?


First. Supreme Court
Second. Court of Appeals, Court of Tax Appeals (CTA), and Sharia Appellate Court
Third. Regional Trial Courts
Fourth. Lower courts
a. Metropolitan Trial Court
b. Municipal Trial Courts in Cities
c. Municipal Trial Courts
d. Municipal Circuit Trial Courts
e. Sharia Courts

What is judicial review?


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 or excess of jurisdiction on the part of any
branch or instrumentality of the Government. (Art. VIII, Sec. 1, second paragraph)

What is the current status of the CTA?


It has already been regularized it now forms part of the regular courts (RA No. 9182) it was
considered before as a quasi-judicial body

What are the components of the Sharia courts?


a. Circuit
b. District
c. Appellate

NOTE:
a. The Sharia courts do not have jurisdiction over actions or real action where one of the
parties is not a Muslim (Villagracia v. The 5th Sharia Circuit Court)
b. Any decisions of the Circuit Sharia Courts must be brought to the District and any
decision of the District must be brought before the Appellate Sharia Courts. It cannot be
brought before the regular Court of Appeals. (Lomondot v. Balindong)

How about in case of quasi-judicial bodies? Do they have the power to determine
justiciable controversy?
They participate in the exercise of jurisdiction because they also have their own jurisdiction
pursuant to the law or circulars of the SC creating them. Therefore, they also have the power to
determine justiciable controversies.

REMEMBER:
a. Primary jurisdiction

GENERAL RULE: Generally, courts cannot and will not resolve a controversy involving
a question within the jurisdiction of an administrative tribunal, especially when the
question demands the sound exercise of administrative discretion requiring special
knowledge, experience and services of the administrative tribunal to determine technical
and intricate matters of fact. (BF Homes, Inc. v. MERALCO)

EXCEPTIONS:
a) Where there is estoppels on the part of the party invoking the doctrine
b) Where the challenged administrative act is patently illegal, amounting to lack of
jurisdiction
c) Where there is unreasonable delay or official inaction that will irretrievably
prejudice the complainant
d) Where the amount involved is relatively small
e) Where the question involved is purely legal and will ultimately have to be
decided by the courts of justice
f) Where judicial intervention is urgent
g) When its application may cause great and irreparable damage
h) Where the controverted acts violate due process
i) When the issue of non-exhaustion of administrative remedies has been rendered
moot
j) When there is no other plain, speedy and adequate remedy
k) When strong public interest is involved
l) In quo warranto proceedings (Province of Aklan v. Jody King Construction and
Development Corporation)

b. Exhaustion of administrative remedies


- An administrative decision must first be appealed to the administrative superiors
up to the highest level before it may be elevated to a court of justice for review
(Phil. Health Insurance Corp. v. Chinese General Hospital and Medical Center)

EXCEPTIONS:
a) When the question raised is purely legal
b) When the administrative body is in estoppel
c) When the act complained of is patently illegal
d) When there is urgent need for judicial intervention
e) When the claim involved is small
f) When irreparable damage will be suffered
g) When there is no other plain, speedy and adequate remedy
h) When strong public interest is involved
i) When the subject of the controversy is private land
j) In quo warranto proceedings (Cruz)

Are military courts also considered regular courts?


No, they are not because they can only take cognizance of military service oriented disputes or
controversies. Hence, there are cases which can be brought before the military courts and regular
courts such as court dtat.

Types of jurisdiction according to its nature:


a. Original
a) Exclusive
b) Concurrent
b. Appellate

Why does appellate jurisdiction has no categories?


Because it is always exclusive. There can be no two courts having concurrent appellate
jurisdiction over an action.

What is split jurisdiction? Is it allowed?


It is the exercise of jurisdiction by two judicial bodies over basically the same subject matter. It
is not allowed because it is anathema to procedure. (City of Manila v. Judge Cuerdo)

Has the SC exclusive original jurisdiction?


Yes, if the petition/case emanates from the following courts: (AAASCC)
a. Court of Appeals
b. Court of Tax Appeals en banc
c. Sharia Appellate Courts
d. Sandiganbayan
e. Commission on Audit
f. Commission on Election

What type of jurisdiction does the SC exercise in cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus (Art. VIII, Sec. 5[1], 1987 Constitution)?
It exercises original concurrent jurisdiction

Under the principle of concurrent jurisdiction, simply because several courts can take
cognizance of the case, has the party the absolute right where to bring it?
No, because concurrent jurisdiction is govern by the following principles:
a. Principle of hierarchy of courts
b. Principle of transcendental importance
c. Principle that the SC is not a trier of facts

NOTE: Under the last principle (that the SC is not a trier of facts), this explains why Rule 45
requires that, generally, only pure questions of law can be brought before the SC, except in the
following instances:
a. The conclusion of CA is grounded entirely on speculations, surmises and conjectures
b. The inference made is manifestly mistaken, absurd or impossible
c. There is a grave abuse of discretion
d. The judgment is based on misapprehension of facts
e. The findings of facts are conflicting
f. The CA, in making its findings, went beyond the issues of the case and the same is
contrary to the admissions of both appellant and appellee
g. The findings of fact of the CA are contrary to those of the trial court
h. The findings of fact are conclusions without citation of specific evidence on which they
are based
i. The facts set forth in the petition, as well as in the petitioners main and reply briefs, are
not disputed by the respondents
j. The findings of fact of the CA are premised on the supposed absence of evidence and
contradicted by the evidence on record
k. The SC, on its own, has decided to deal with questions of facts (Ang v. Joaquin)
l. The appeal emanates from the judgment in a petition for a writ of amparo (Sec. 19, Rule
on the Writ of Amparo)
m. The appeal emanates from the judgment in a petition for a writ of habeas data (Sec. 19,
Rule on the Writ of Habeas Data)
n. The appeal emanates from the judgment in a petition for a writ of kalikasan (Rule 7, Sec.
16, Rule on the Writ of Kalikasan)

Is there a standard in knowing whether an issue is of transcendental importance?


None, it is within the discretion of the SC

NOTE: The SC is not governed by the Rules. Whatever they do, right or wrong, it is the law of
the land.

What are the cases falling under the appellate jurisdiction of the SC?
a. All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
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. (Art. VIII, Sec. 5[2], 1987
Constitution)

Is this limited to appeal?


No, because the provisions states on appeal or certiorari, as the law or the Rules of Court may
provide. Therefore, if it on appeal, Rule 45; if it is on certiorari, Rule 65.

REMEMBER:
a. Rule 45 is a mode of appeal while Rule 65 is a special civil action
b. Art. VIII, Sec. 5(2) is exercised pursuant to the power of the SC of judicial review

Types of jurisdiction according to its object:


a. Jurisdiction over the subject matter
b. Jurisdiction over the persons of the parties
c. Jurisdiction over the res
d. Jurisdiction over the issue
e. Jurisdiction over the territory

Jurisdiction over the territory

This does not apply in civil cases, only in criminal cases

What is the territory over which the court may acquire jurisdiction?
The place where the crime or offense was committed; in civil cases, the place where the offense
is committed is not a matter of jurisdiction but of venue

NOTE: The general rule on venue is not Secs. 1 and 2 of Rule 4 but rather Sec. 4

Where is the venue of the action?


That which is provided for by law or the rule. If there is no rule, by agreement of the parties. If
there is no agreement, apply Secs. 1 and 2. THIS IS APPLICABLE ONLY IN CIVIL CASES
because venue in criminal cases is a matter of jurisdiction

In criminal cases, what matters does the court have to acquire jurisdiction?
a. Jurisdiction over the territory
b. Jurisdiction over the offense charged
c. Jurisdiction over the person of the accused
d. Jurisdiction over the issues
When does the court acquire jurisdiction over the issue in criminal cases?
Upon arraignment

In civil cases, how is jurisdiction over the issue determined?


It is determined by the allegations in the pleadings

What are those pleadings?


In civil cases:
a. Complaint
b. Answer
c. Reply

NOTE:
a. That which are not alleged in these pleadings, the court does not acquire jurisdiction over
the issue
b. In special proceedings, the issues are not determined by the allegations in the pleadings
but by law

In case the court has no jurisdiction over the issue, what is the remedy of the party who
was aggrieved by it?
Amendment to conform to the evidence (Rule 10, Sec. 5)

In case of unlawful detainer, can the court rule on the issue of ownership?
Generally, no, except if raised in the pleading but only to resolve the issue of possession; the
resolution on the issue of ownership is not res judicata, so litis pendencia will not apply

In case of probate of a will, can the issue of ownership be raised?


Yes, if raised in the pleading

Jurisdiction over the res

The res literally means the thing procedurally, it means the object of the action

Should the court acquire jurisdiction over the res in order to proceed with trial?
No, as long as the court has jurisdiction over the person of the defendant

When is jurisdiction over the res necessary?


When the court cannot acquire jurisdiction over the person of the defendant. The case can
continue nonetheless as long as the court has jurisdiction over the res.

NOTE: The subject matter must be a thing; if it is a right, it will not apply

Illustration: A files an action for recovery of a parcel of land against B but the latter is nowhere
to be found. Can the case continue? Generally, it cannot because the court cannot acquire
jurisdiction over the person of B. What should A do? He must let the court acquire jurisdiction
over the res over the property. How? Apply for a writ of preliminary attachment under Rule
57. If it is granted, the court, thru the writ, acquires jurisdiction over the property subject of the
action. Even if the court fails to acquire jurisdiction over the person of B, the case can continue
nonetheless because it has acquired jurisdiction over the res.

Jurisdiction over the persons of the parties

Who are the parties in a case?


In civil cases:
a. Plaintiff
b. Defendant
c. Co-defendant
d. 3rd, 4th, or 5th party defendant
e. Intervenor
In criminal cases:
a. Republic of the Philippines (plaintiff)
b. Accused
In special proceedings:
a. Petitioner

Do all cases under special proceedings only have one party?


No, in case of habeas corpus

How does the court acquire jurisdiction over the person of the plaintiff?
Upon filing of the complaint and timely payment of correct docket fees (Alday v. FGU; St. Louis
University v. Cobarrubias; Gipa v. Southern Luzon Institute)

Is payment of docket fees limited to complaint?


No, even counterclaims require payment of docket fees. Even on appeal, docket fees are also
needed

REMEMBER:
a. Only in permissive counterclaims that payment is required. Compulsory counterclaims do
not require payment of docket fees. (Alday v. FGU)
b. Payment of docket fees is jurisdictional and mandatory

How does the court acquire jurisdiction over the person of the defendant?
Upon valid service of summons or voluntary appearance (see discussions on Summons)

How does the court acquire jurisdiction over the person of the co-defendant?
Upon valid service of summons or voluntary appearance

How does the court acquire jurisdiction over the person of the 3 rd, 4th, 5th party defendant?
Upon impleading such person

NOTE: You cannot implead them without filing a motion for leave to admit a 3 rd, 4th, or 5th
party defendant
How does the court acquire jurisdiction over the person of the intervenor?
Upon granting of motion for leave to admit intervention, with an attached copy of complaint in
intervention or answer in intervention

NOTE: Before, you have to first file a motion for leave and wait for its granting or denial and
only 5 days thereafter will you have to file your demurrer. Now, when you file you motion for
leave, you already have to attach your demurrer (in relation to Rule 119, Sec. 23)

How does the court acquire jurisdiction over the person of the accused?
Upon lawful arrest or voluntary surrender

Can animals be parties to a case?


No, they cannot. While the Supreme Court recognized the liberalization of legal standing in
environmental cases, the developments in Philippine legal theory and jurisprudence have not
progressed as far as giving legal standing for inanimate objects or even animals is concerned.
(Resident Marine Mammals of the Protected Seascape Taon Straight v. Secretary Angelo
Reyes)

Jurisdiction over the subject matter

How does the court acquire jurisdiction over the subject matter?
It is conferred by law

BP 129, as amended by RA No. 7691. RA 7691 refers to all courts, except the Supreme Court
and the Family Courts.

Family Court RA No. 8369


Sandiganbayan RA No. 10662 (latest)
CTA RA No. 9282

Are family courts also RTC?


No, they are separate and distinct from RTC since Family Courts are created by law, not by a
mere SC circular

Is the jurisdiction of the SC over the subject matter conferred by law?


No, it is conferred by the Constitution thru Art. VIII, Sec. 5(1) and (2) since it is the only
constitutional court

NOTE:
a. The CA has original and appellate jurisdiction. But as to original exclusive jurisdiction,
only annulment of judgments of RTC under Rule 47.
b. In annulling the judgment granting the petition for declaration of presumptive death, the
remedy is annulment of judgment, not a simple affidavit of re-appearance. Under Rule
47, the grounds for annulment of judgment are extrinsic fraud and lack of jurisdiction,
there is no other remedy since the judgment has long become final and executor, except
to have it annulled. (Santos v. Santos)

Can you annul the judgment of MTCs?


Yes, but you have to bring that to the RTC, not to CA

How about annulment of judgment of quasi-judicial bodies?


No, the remedy is Rule 43 (petition for review)

How about judgments in criminal cases?


None, annulment of judgment is not applicable

Jurisdiction of RTC

How to determine if action is capable of pecuniary estimation?


If it is for money, but if the money is only incidental, then it is not capable

NOTE:
a. Breach of contract is incapable of pecuniary estimation
b. In an action involving title to or possession of property, use the assessed value of the
property

Illustration: Mr. A files a case for unlawful detainer. However, there was no valid demand. The
demand was done beyond the 1 year period. The MTC dismissed the case for lack of jurisdiction.
It was appealed to RTC on accion publiciana. The RTC found that the assessed value of the
property was within the jurisdiction of the MTC. Therefore, the RTC has no jurisdiction as well.
Should the RTC assume jurisdiction? No, it should be remanded to the MTC on an action
involving title to or possession of property, not necessarily accion inter dictal hence, an accion
publiciana is not cognizable by the RTC because such action may involve title to or possession
of property where the determinant of action is the assessed value of the property.

NOTE:
a. If the RTC has jurisdiction, it shall assume jurisdiction as if it was originally filed with
the RTC. If none, it must remand the case.
b. Generally, an appellate court can only take cognizance of a case in the exercise of its
appellate jurisdiction if the lower court has the original jurisdiction. As an exception, the
trial court has no original jurisdiction but, in the exercise of its appellate jurisdiction,
assume jurisdiction as if it was originally filed with the RTC. (Sec. 8, Rule 40)

*(read pp. 106-194, Riano, 2014 Ed.)

Jurisdiction of Sandiganbayan

Is the Sandiganbayan a constitutional court?


No, it is a constitutionally-mandated court; it is still created by law
Does it have original and appellate jurisdiction?
Yes, unlike the SC and CA, it has both original and appellate jurisdiction over criminal cases

How to determine the jurisdiction of the Sandiganbayan?


The following questions must first be answered:
1. What offense or crime was committed?
2. Who committed the crime or offense?
3. How was the offense or crime committed?

What offense or crime was committed?


a. RA No. 3019 (Anti-Graft and Corrupt Practices Act)
b. RA No. 1379 (Ill-Gotten Wealth Law)
c. Bribery under the Revised Penal Code
d. PCGG cases (EO Nos. 1, 2, 14 and 14-A)
e. Estafa (Serana v. Sandiganbayan)
f. Falsification (Ramiscal v. Sandiganbayan)
g. Forfeiture case (Clarita Garcia v. Sandiganbayan)

NOTE:
a. Rape is not included in those offenses (Sanchez v. Demetrio)
b. Murder is not also included (Lacson v. Executive Secretary)

Who committed the crime or offense?


A public officer with SG 27, so even if the offender is a public officer but below SG 27, the
Sandiganbayan has no jurisdiction over the case

NOTES: The Sandiganbayan has no jurisdiction over a public officer who is only SG 23
(Escobal v. Garchitorena). Also, a Regional Director of the BIR with SG 26 is not included.
(Duncano v. Sandiganbayan)

How was the offense or crime committed?


In relation to once public office. This was construed to be that the public office is an ingredient
of the crime. (Serena v. Sandiganbayan)

EFFECT OF THE SERANA v. SANDIGANBAYAN CASE: The three criteria were somehow
amended
- On the first question:
Estafa falls under Sec. 4(B) of PD 1606, i.e. other offenses of felonies whether
simple or complexed with other crimes committed by the public officials and
employees mentioned in subsection a of this section in relation to their office. The
jurisdiction is simply subject to the twin requirements that (a) the offense is
committed by public officials and employees mentioned in Section 4(A) of P.D.
No. 1606, as amended, and that (b) the offense is committed in relation to their
office.
- On the second question:
It is not only the salary grade that determines the jurisdiction of the
Sandiganbayan. It is well established that compensation is not an essential
element of public office. At most, it is merely incidental to the public office. The
Sandiganbayan also has jurisdiction over other officers enumerated in P.D. No.
1606. While the first part of Section 4(A) covers only officials with Salary Grade
27 and higher, its second part specifically includes other executive officials whose
positions may not be of Salary Grade 27 and higher but who are by express
provision of law placed under the jurisdiction of the said court.
- On the third question:
The phrase in relation to public office was construed to be that the public office
is an ingredient of the crime.

Other kinds of jurisdictions

What is delegated jurisdiction?


It is the jurisdiction of the lower court (MTCs) in handling cases of land registration and
cadastral where the assessed value of the property is not more than 100k and there are no
oppositors

Where to appeal?
Appeal therefrom is not brought to RTC but to the CA

What is special jurisdiction?


It is the jurisdiction of the lower court in handling petitions for bail and habeas corpus, in the
absence of the RTC judges

What is limited jurisdiction?


It is the jurisdiction of the court that can handle only specific subject matter (e.g. probate court)

What is primary jurisdiction?


Generally, courts cannot and will not resolve a controversy involving a question within the
jurisdiction of an administrative tribunal, especially when the question demands the sound
exercise of administrative discretion requiring special knowledge, experience and services of the
administrative tribunal to determine technical and intricate matters of fact. (BF Homes, Inc. v.
MERALCO)

UPDATE: In a 2012 MOA between the Office of the Ombudsman and the DOJ, the concept of
primary jurisdiction today is no longer of the court but of an investigative agency. All cases
cognizable by the Sandiganbayan in the exercise of its original jurisdiction must be investigated
(i.e. preliminary investigation) by the Office of the Ombudsman so that if that is under
investigation by the DOJ, the Office of the Ombudsman can take it away from the DOJ and
continue the investigation in the exercise of primary jurisdiction. In effect, the principle of
primary jurisdiction is applied to a non-court.

What is the effect of this MOA?


It somehow amends the ruling in Sanchez v. Demetrio which held that there is concurrent
jurisdiction between the Office of the Ombudsman and the DOJ in conducting cases cognizable
by the Sandiganbayan. Thus, those cases not falling under original jurisdiction of Sandiganbayan
shall be brought to the RTC but the appeal therefrom is not to the CA but to the Sandiganbayan.

NOTE: Whenever a criminal case is filed, the civil aspect arising therefrom is deemed instituted
with the criminal case (Rule 111)

How is jurisdiction determined in criminal case?


GENERAL RULE: By the penalty imposable
EXCEPTIONS: Cases falling under the jurisdiction over the RTC irrespective of the penalty
imposable:
a. Written defamation
b. Illegal recruitment
c. Violations of the Omnibus Election Code, if not within the COMELEC
d. Anti-Money Laundering Law
e. Cybercrime Prevention Act

What is universal or international jurisdiction?


This refers to the jurisdiction of the court over cybercrimes under the Cybercrime Prevention Act

In case of online libel, where should the case be filed considering that cases of libel should
be filed where it was first published and printed?
The jurisdiction lies with the RTC

What is residual jurisdiction?


It is the jurisdiction of the trial courts that remains with it even after it has lost jurisdiction over
the case

When does the trial court lose jurisdiction over the case?
Upon perfection of appeal and expiration of the period to appeal

When is appeal perfected?


Upon filing of the notice of appeal or approval of the record on appeal (Rule 41, Sec. 9)

Upon perfection of appeal, does the court lost jurisdiction already?


Not yet, jurisdiction over the case is lost only upon expiration of the period to appeal

When is the expiration of the period to appeal?


After 15 days from receipt of the copy of the judgment

Upon losing the jurisdiction over the case, may the trial court still act on certain matters in
the case?
Yes, in the exercise of residual jurisdiction
Mr. A files a case against 3 defendants, X, Y, and Z. Judgment was rendered in favor of
Mr. A. Copies of the judgment were received by the defendants on January 5, 10, and 15,
respectively. Therefore, counting 15 days from the receipt of the copies of the judgment,
they have until January 20, 25 and 30, respectively. Suppose X files a notice of appeal on
January 8, when is appeal perfected?
It is perfected on January 8 as to X only, because an appeal is perfected upon filing of the notice
of appeal or approval of the record on appeal

When is appeal perfected as to Y and Z?


The question is wrong, because they never filed a notice of appeal hence, appeal will not be
perfected as to Y and Z

What then is the correct question?


When does the court lose jurisdiction over the case?

So, when does the court lose jurisdiction over the case?
After January 30, because the last day to appeal is January 30 by Z who received the copy of the
judgment on January 15. Therefore, by January 31, the court no longer has jurisdiction over the
case. However, notwithstanding that it has lost its jurisdiction over the case, it can still act on
certain matters in the case in the exercise of its residual jurisdiction.

NOTE: The residual jurisdiction can only be exercised by the trial court as long as the records of
the case are with it.

Transmittal of records of the case: (Rules 40-45)


MTC to RTC = 15 days
RTC to CA = 30 days

What are residual prerogatives?


It refers to the jurisdiction of the appellate courts to dismiss a case motu proprio pursuant to Sec.
1 of Rule 9, namely: (1) lack of jurisdiction; (2) res judicata; (3) litis pendencia; and (4)
prescription (Katon v. Palanca)

RULE 1
GENERAL PROVISIONS

GENERAL RULE: The Rules apply in all cases.


EXCEPTIONS: However, the Rules only have suppletory application in the following cases:
a. Land registration and cadastral cases
b. Naturalization cases
c. Elections cases
d. Other cases provided for by law

NOTE: Evidence which has not been offered may be admitted even on appeal because the Rules
do not apply strictly but only suppletorily. (Sasan v. NLRC; Republic v. Ong Chia)
When is a civil case commenced?
Upon filing of the complaint and timely payment of correct docket fees

When is a criminal case commenced?


a. In criminal action upon filing of the complaint for purposes of preliminary investigation
(before the prosecutors office)
b. In criminal proceeding upon filing of the complaint or information (before the court)

NOTE: Prescription sets in from the filing of the criminal action, not the criminal proceeding

How about docket fees in criminal cases?


GENERAL RULE: They are not required
EXCEPTION: If there is an allegation in the civil liability and there is an allegation as to the
amount prayed for civil liability, docket fees must be paid

What happens to the docket fees in criminal cases?


Since the filing of criminal case also institutes civil aspect, the dockets fees are deemed as first
lien on the judgment, except in BP Blg 22 where dockets fees must be paid

RULE 2
CAUSE OF ACTION

What is a cause of action?


It is the act or omission in violation of the right of the other (Sec. 2)

Is it the same as a complaint under Rule 6, Sec. 3?


No, because while under said provision, a complaint is the plaintiffs cause of action, the cause
of action being referred to in Sec. 2 lies with the defendant while Rule 6, Sec. 3 refers to
plaintiffs right of action since there can be no right of action without a cause of action

One suit for a single cause of action


From the cause of action must arise only one suit or complaint because to bring out 2 or more
suits from the same act or omission, it is already splitting single cause of action which violates
the principle of multiplicity of suits.

Illustration: If A leases unto B a property for a period of 2 years, at the expiration of such period,
B fails to surrender the property. A now files a case for recovery of property. Aside from such
action, A also files a case for the unpaid rentals. The act of A in filing the second case is splitting
a single cause of action because it arose from a single act.

NOTE: Even if the act of omission involves only 2 parties to a case, but they have several
transactions which are separate and distinct from each other, there are several acts or omissions.

Illustration: If B borrowed money in January and borrowed again in April and finally in
December, there are three borrowings. There are 3 acts or omissions. In case he failed to pay,
filing of 3 actions against him will not violate multiplicity of suits because these 3 borrowings
are separate and distinct.

Joinder of causes of action


If there are several acts, it can be put together in one suit.

Illustration: If B borrowed 150K from A in January and another 150K in April. By December, B
went to A ask for 1M, A agreed but used the title of a parcel of land of B as a security. There are
3 separate and distinct obligations. A can file only one case against B (joinder of causes of
action) or three cases against B (one suit for a single cause of action), in his own accord.

Requirements for a valid joinder of causes of action


1. There must be joinder of parties (Rule 3)
- There must arise from the same transaction or series of transaction
2. Must be of the same nature and must not include a special civil action
3. If there are aspects of jurisdiction and venue and they fall in different court and places, as
long as one of the actions is cognizable by the RTC, it can be filed with the RTC
4. If it is an action for sum of money, the totality rule should be applied the aggregate
amount must determine the jurisdiction

Suppose A files a collection suit of 150K in the same court plus foreclosure of real estate
mortgage, can he do that?
No, because it includes a special civil action which violates the second requirement

Can B file a motion to dismiss?


No, because misjoinder and non-joinder of causes of action is not a ground for dismissal

What is the remedy of B?


Amendment

Who will file a motion for amendment?


Either A or B

Suppose it was B who asked for amendment but A refused, what should B do?
He can file a motion to dismiss for failure to comply with the order of the court

RULE 3
PARTIES TO CIVIL ACTIONS

Who may be parties?


a. Natural persons
b. Juridical persons
c. Entities authorized by law (Sec. 1)

If beings from Planet Mars invade Earth, can we sue them?


No, they are not natural persons
If a man is born with one eye, three mouths, and five noses, can you sue him?
Yes, he is a natural person

What makes a person a natural person?


One who is endowed with reason

What are the faculties of reason?


a. Intellect directed towards truth
b. Will directed towards goodness

Why cant we sue an insane person?


Because he has no full exercise of his reason

How do you define a juridical person?


While natural persons are created by nature, juridical persons are persons created by law

What are the entities authorized by law?


Entities without juridical personality can sue and be sued (Rule 3, Sec. 15) (e.g. estate of a
person)

If X, Y and Z present themselves as a business enterprise, can it sue and be sued?


Yes, because it is an entity authorized by law

Can an unregistered partnership be sued?


Yes, because it is an entity authorized by law

Can a registered partnership be sued?


Yes, because it is a juridical person

Can an animal be a party?


No, because it is neither a natural person, juridical person, nor an entity authorized by law
(Resident Marine Mammals of the Protected Seascape Taon Straight v. Secretary Angelo
Reyes)

Who may sue and be sued?


Parties in interest

If you are already a natural or juridical person or an entity authorized by law, can you
already sue or be sued?
Not yet, because only persons or parties in interest can sue and be sued (Sec. 2)

Who is a party 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 (Sec. 2)
If you are suing as a representative party, are you a real party in interest?
No, because you are only representing someone who is a party in interest which is why you have
to name that party in interest (Sec. 3) (e.g. guardian of a ward or administrator of an estate)

How about spouses?


GENERAL RULE: They are to sue and be sued together (for civil case)
EXCEPTIONS:
a. When the husband is suing relative to his capital property
b. When the wife is suing relative to her paraphernal property
c. Cases against each other

How about a minor?


A minor may be benefited or injured by a suit but considering that a minor does not have the full
exercise of his reason, he must be duly represented by parents, guardians, or guardian ad litem, in
the absence of a guardian

Kinds of party:
a. Indispensable party
b. Necessary party

Who is an indispensable party?


Parties in interest without whom no final determination can be had of an action (Sec. 7)

Who is a necessary party?


It is one who is not indispensable but who ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete determination or settlement of the claim
subject of the action (Sec. 8)

REMEMBER: Any judgment, decision or final order without impleading an indispensable party
renders the judgment, decision or final order null and void not only as to those who were not
impleaded but even as to those who were impleaded (e.g. co-owners) (INC v. Judge Ponferada;
David v. Paragas; Land Bank v. Cacayuran)

NOTE:
a. In the case of De Castro v. CA, the SC allowed the judgment even without impleading the
an indispensable party because the kind of action is based on the contract of agency
b. When the mortgagee files an annulment of mortgage, the mortgagee and mortgagor are
indispensable parties hence, an outsider is not an indispensable party (China Bank v.
Oliver)
c. Transferee is not an indispensable party; he is only a necessary party (Sec. 19)
d. In an action for foreclosure of real estate mortgage, you have to implead all persons
whose rights are subordinate to that of the holder of the mortgage. These persons are no
indispensable parties but only necessary parties. (Rule 68, Sec. 1)

GENERAL RULE: Co-owners are indispensable parties


EXCEPTION: Co-owners are only indispensable parties-defendants because a co-owner files a
case as plaintiff, only one co-owner is indispensable

If X and Y are husband and wife and they left after their death their children A, B, C, D
and E, these children are co-owners of the properties X and Y left behind. If A files a case
against G, is that valid?
Yes, he does not have to include B-E because he is a party plaintiff

If F sues relative to a property co-owned by A-E, should they be impleaded?


Yes

If F only sues A and B, what would be the judgment?


It is null and void not only as to C-E but also to A and B

Is the above rule applicable to necessary party?


No, the case can go on and judgment can be rendered even without impleading a necessary party

What is the effect is a necessary party in not impleaded?


You can no longer run after the necessary party anymore and vice versa

NOTE: The reason must be given why a necessary party is not impleaded (Sec. 3)

Who is an unwilling plaintiff?


An unwilling plaintiff is someone who does not want to join in the fray

What do you do to an unwilling plaintiff?


Sue him as defendant

A-E are siblings. They are co-owners. A, who likes to file a case, and he asked B to join him,
can A sue them instead as defendants if they do not want to join him? Why?
Yes, as co-owner plaintiffs, only one is indispensable party

NOTE: The most important provisions are Secs. 16, 17 and 20

When the case is pending and one of the parties dies, what happens?
You have to qualify. If the action does not survive, it is dismissed. If the action survives, it is the
duty of the counsel of the decedent to cause the substitution of the decedent within 30 days. This
does not require the appointment of executor or administrator because upon the death of the
person, he is succeeded by the estate. (Sec. 16)

What is an estate?
It is the totality or the summation of all the assets and liabilities of the decedent

Should the case be dismissed if the counsel failed to do his duty?


No, the case continues but it is incumbent upon the counsel of other party to cause the
substitution. This time he has to make sure that there is appointed executor or administrator of
the estate. (Sec. 16)

What if the counsel of the other party still fails to cause the appointment?
He will be subject to disciplinary action

Is it not that under the rules, the lawyer-client relationship is terminated upon the death of
the party, so what is the basis for the disciplinary action?
Because Sec. 16 is an exception to the rule on lawyer-client relationship

If a public officer is dies, resigns, or ceases to hold the office, what happens to the case?
It is incumbent upon the successor whether to continue or not to continue (Sec. 17)

Who died under Sec. 20?


Defendant, not the plaintiff

What kind of action is it?


Action for money but based on contract whether express or implied hence, this is a case that
survives

What is the rule if the defendant dies?


The case shall not be dismissed but shall proceed up to entry of judgment, not final judgment

Since rules provide that once a judgment has been entered, a motion for execution under
Rule 39 must be filed for the execution and satisfaction of the judgment, is a motion for
execution needed under Sec. 20?
No, because under Sec. 20, to execute an entered judgment on contractual money claim, you
have to apply it as a claim against the estate

What are the claims against the estate?


a. Funeral expenses
b. Expenses for the last illness
c. Judgment for money
d. Money claim (Rule 86, Sec. 5)

REMEMBER: If the action is recovery of real or personal property, interest therein or lien
thereon, you do not apply Rule 86, you apply Rule 87, Sec. 1

During the pendency of the case, the plaintiff was able to secure a writ of preliminary
attachment under Rule 57. Hence, during the pendency, the property is already attached to
secure the satisfaction of favorable judgment. The defendant dies. What happens to the
attached property? Will the usual procedure in Rule 57 apply wherein you do not have to
do to Rule 39 but you immediately proceed to sale of attachment? Or you will go to the
settlement of the estate?
You still have to go the settlement of the estate but the attached property is not discharged by the
death of the defendant

How to discharge an attached property?


a. Counter bond
b. Deposit
c. Motion (Rule 57, Secs. 5, 12 and 13)

Under the deadman statute under Rule 130, Sec. 23, the second requirement states that the
action must be against the executor or administrator while the third requirements states
that it must be a claim against the estate. Is this not conflicting considering that claim
against the estate is under Rule 86, Sec. 5 while action for or against executor or
administrator is under Rule 87?
No, because the claim against the estate in Rule 130, Sec. 23 is not the one under Rule 86, Sec. 5.
In other words, even if you file a case against the executor or administrator, the one ultimately
liable will be the estate. The action here is not filed against the executor or administrator in his
personal capacity but in his representative capacity.

NOTE: While indigent party is recognized by the Rule 3, Sec. 21, under the rules of the Public
Attorneys Office (PAO), the opposing parties may not be each represented by PAO lawyers.
Only one party may be represented, not both.

RULE 4
VENUE OF ACTIONS

REMEMBER: Venue is jurisdictional in criminal cases.

In civil cases, the rules are as follows:


GENERAL RULE: If there is a rule or law that provides for the venue, that must be followed
EXCEPTION: In the absence of such rule or law, the agreement of the parties shall be followed.
However, the agreement must be entered into before the case is filed. Also, in order to be
binding, the agreement must be couched on terms of exclusivity.

Why is the word shall not considered exclusive for purposes of venue?
Because the purpose of venue agreement is for the convenience of the parties

What is the Schonfeld doctrine?


While stipulations regarding venue are considered valid and enforceable, venue stipulations in a
contract do not, as a rule, supersede the general rule set forth in Rule 4 in the absence of
qualifying or restrictive words. They should be considered merely as an agreement or additional
forum, not as limiting venue to the specified place. They are not exclusive but, rather permissive.
If the intention of the parties were to restrict venue, there must be accompanying language
clearly and categorically expressing their purpose and design that actions between them be
litigated only at the place named by them. Examples of words with restrictive meanings are
only, solely, exclusively in this court, in no other court save , particularly, nowhere
else but/except , or words of equal import (Pacific Consultants International Asia, Inc. v.
Schonfeld)

Is the stipulation at the back of a ticket regarding venue binding?


No, venue stipulations at the back of tickets are contracts of adhesion hence, they are not binding
because generally they are prepared only by one party and the other party is forced to accept it
without questions (Sweet Lines, Inc. v. Teves)

NOTE: In an extrajudicial foreclosure under RA No. 3135 (not under Rule 68), the separate
action for the collection of the deficiency is no longer a real action but a personal action hence, it
must be brought where the plaintiff/defendant or any of the plaintiff/defendant resides, at the
option of the plaintiff (BPI Savings Bank v. Sps. Yujuico)

REMEMBER:
Real action where the property is located
Personal action residence of the plaintiff or the defendant, at the option of the plaintiff

What are the distinctions between venue and jurisdiction?


Venue Jurisdiction
It is the place where the case is to be heard or It is the authority to hear and determine a case
tried
It is a matter of procedural law It is a matter of substantive law
It establishes a relation between plaintiff and It establishes a relation between the court and
defendant, or petitioner and respondent the subject matter
It may be conferred by the act or agreement of It is fixed by law and cannot be conferred by
the parties the parties
It may be waived It may not be waived
The court may not dismiss an action motu The court may dismiss an action motu proprio
proprio in case of improper venue in case of lack of jurisdiction over the subject
matter
There is no waiver of venue in case of failure Jurisdiction over the subject matter may be
to file a motion to dismiss on the ground of raised at any stage of the proceedings since it is
improper venue because venue may be raised conferred by law, although a party may be
as an affirmative defense in the answer. barred from raising it on the ground of estoppel
However, upon failure to raise improper venue
in the answer, it will be deemed waived.

RULE 5
UNIFORM PROCEDURE IN TRIAL COURTS

Summary Procedure

NOTE: This is actually summary procedure

What are the salient points on the summary procedure?


1. Summary procedure applies only in the lower courts so that there is no summary
procedure before the RTC onwards
2. In summary procedure, there is no trial
3. The prescriptive periods are shorter than regular procedure
4. There are prohibited pleadings

What do you call summary procedure before the RTC?


Ex parte presentation of evidence

In lieu of trial, what happens?


Position papers, affidavits, depositions are simply submitted. On the basis of these position
papers, affidavits, depositions, the court can render judgment. If there are things need to clarified
by the court, it can motu proprio set a date for clarificatory questions.

What is the exception?


In criminal cases, because of the rights of the accused, there is half-trial. Even if it is governed
by the rules on summary procedure, still there must be confrontation by the accused against his
witnesses. This can only be done through trial.

Answer to the complaint 10 days instead of 15 days


Submit the case for judgment 30 days; there is no time frame in regular procedure
Render judgment 30 days from submission instead of 90 days

Prohibited pleadings
a. Motion to dismiss
b. Motion for reconsideration of a judgment

Is the prohibition on motion to dismiss absolute?


No, in case of the following:
a. If motion to dismiss is filed on the ground of lack of jurisdiction
b. Non-compliance with conciliation proceeding under the Barangay Conciliation
Proceeding Rule

A demurrer of evidence is a kind of motion to dismiss. Is it prohibited in summary


proceeding?
No, even under the rules on summary procedure, demurrer to evidence is not a prohibited
pleading because of the following reasons:
a. The demurrer is for the purpose of expediting the proceeding as well as summary
proceeding
b. What the law does not include, it excludes

Is motion for reconsideration prohibited considering that it entails no trial?


Yes, but only motion for reconsideration of a judgment hence, motion for reconsideration of an
interlocutory order is not a prohibited pleading

NOTE:
a. If a case is handled by the MTC under the rules on summary procedure and judgment was
rendered and it was appealed to the RTC, it is no longer governed by the rules on
summary procedure (Refuja v. CA)
b. The jurisdictional amount of summary procedure in civil cases is 100k outside Metro
Manila; 200k within Metro Manila

Small Claim Suit

200k small claim suit

REMEMBER:
a. Small claim suit is limited only money claims
b. You can file as many as you can provided it does not exceed 200k against one individual
defendant
c. Lawyers are not allowed in small claim suits as well as in mediation before the barangay
and in Philippine Mediation Center
d. The only remedy against a judgment in a small claim suit is not appeal but certiorari.
(A.L. Ang Network, Inc. v. CA)

The totality will not determine so that even if it goes beyond the 200k, if it is separate, you can
go beyond 200k

Illustration: You have a small claim of 100k and another small claim of 120k. This is not
prohibited on the part of the plaintiff, not the defendant. YOU ARE LIMITED TO ONLY ONE
DEFENDANT.

How to determine whether small claim suit or summary procedure?


a. Unlike in summary proceeding, lawyers are not allowed in small claim suit
b. If there is answer, it must be summary proceeding, not small claim suit because there is
no such thing as answer in small claim suit, not even a complaint

RULE 6
KINDS OF PLEADINGS

3rd party plaintiff 3rd party defendant 4th party defendant


(B to D) (B to D) (D to X)
Complaint
A Answer
B D X . . . so on and so forth
4th party plaintiff
Reply (D to X)
Counterclaim
Counter-counterclaim Cross-claim (C to B or vice versa)

C Counter cross-claim (C to B or vice versa)

(Complaint-in- (Answer-in-
intervention) intervention)
E
(Intervenor)
What is a complaint?
The complaint is the pleading alleging the plaintiff's cause or causes of action (Rule 6, Sec. 3)

What is an answer?
An answer is a pleading in which a defending party sets forth his defenses (Rule 6, Sec. 4)

What is constituted in the answer?


Defenses
a. Negative defense
It is the specific denial of the material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action (Rule 6, Sec. 5[a])
a) Specific denial of the allegations in the complaint
b) Lack of knowledge sufficient to form a belief as to the truth of the
allegations in the complaint
b. Affirmative defense
It is an allegation of a new matter which, while hypothetically admitting the
material allegations in the pleading of the claimant, would nevertheless prevent or
bar recovery by him (Rule 6, Sec. 5[b])
a) Fraud
b) Statute of limitations
c) Release
d) Payment
e) Illegality
f) Statute of frauds
g) Estoppel
h) Former recovery
i) Discharge in bankruptcy
j) Any other matter by way of confession and avoidance
Example: When the defendant puts up the affirmative defense of payment, he is
hypothetically admitting that he really borrowed money and by borrowing money,
he admits the allegation that he owes the plaintiff. However, he is no longer liable
because he has paid it.
Example: An accused is charged with the crime of murder. He puts up the
affirmative defense of self-defense. It means that he really killed the victim but
had he did not kill the victim, he would have been killed.

How do you specifically deny?


Give the reason; give the basis for the denial

NOTE:
a. It is not specific simply because you used the word "specific." YOU MUST GIVE THE
REASON OR BASIS FOT THE DENIAL.
b. If you do not have the knowledge regarding the truth of the allegations, you should no
longer deny it as it is contradictory. Hindi mo nga alam kasi wala kang knowledge tapos
you will deny. That's contradictory.
What is negative pregnant?
It is said to be a denial pregnant with an admission of the substantial facts in the pleading
responded to. It is not a specific denial and is actually an admission. This arises when the pleader
merely repeats the allegations in a negative form.

Example: Plaintiff Y's complaint for a sum of money alleges the following: "On December 8,
2016, defendant borrowed P100,000 from plaintiff in Taguig promising to pay on December 8,
2017." Defendant X, in his answer, stated the following: "Defendant specifically denies that on
December 8, 2016, he borrowed P100,000 from plaintiff in Taguig and that he promised to pay
on December 8, 2017."

Here, although the answer avers that it denies the allegations, the failure to specify the fact
denied implies an admission. It is in effect a denial filled or pregnant with admissions.

What is reverse trial?


In criminal case, there is only reverse trial when the accused puts up an affirmative defense since
the defendant has to prove his claim. Thereafter, the prosecution will make its rebuttal answer.

What is reply?
It is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance
of new matters alleged by way of defense in the answer and thereby join or make issue as to such
new matters. (Sec. 10) In other words, it is the answer to the answer.

What is the effect of failure to reply?


The allegations in the answer are deemed controverted. Meaning to say, you are denying the
allegations in the answer, so you don't generally need to submit your reply.

What are the instances when reply is necessary?


a. When the answer puts up a defense which is totally alien from the allegations in the
complaint
b. When the answer puts up new matters

Illustration: When the defense puts up an actionable document, there must be reply because
failure to do so, the authenticity and due execution of the document are deemed admitted

GENERAL RULE: Reply is not necessary


EXCEPTION:

What is counterclaim?
It is any claim which a defending party may have against an opposing party. (Sec. 6) In other
words, it is not an answer. It is the complaint of the defendant against the plaintiff.

May a plaintiff be declared in default?


Yes relative to permissive counterclaim, because the counterclaim is separate and distinct from
the answer
Kinds of counterclaim:
a. Compulsory counterclaim
- That which arises from the same cause of action in the complaint (Rule 6, Sec. 7)
b. Permissive counterclaim
- While a permissive counterclaim is one which does not arise from the same
transaction or series of transaction as that of the claim

REMEMBER: Permissive counterclaims require payment of docket fees; compulsory


counterclaims do not (Alday v. FGU)

When is a counterclaim compulsory?


It is compulsory when it arises from the same cause of action in the complaint. Therefore,
without the complaint, there can be no compulsory counterclaim.

When is a counterclaim permissive?


That which does not arise from the allegation in the complaint

RULING IN ALDAY v. FGU INSURANCE CORP. CASE:

The following criteria or tests may be used to determine whether a counterclaim is


compulsory or permissive:
1. Are the issues of fact and law raised by the claim and counterclaim largely
the same?
2. Would res judicata bar a subsequent suit on defendants claim absent the
compulsory counterclaim rule?
3. Will substantially the same evidence support or refute plaintiffs claim as
well as defendant's counterclaim?
4. Is there any logical relation between the claim and the counterclaim?
(Valencia v. CA)

Another test applied in the case of Quintanilla v. CA, is the compelling test of
compulsoriness which requires a logical relationship between the claim and counterclaim,
i.e., where conducting separate trials of the respective claims of the parties would entail a
substantial duplication of effort and time by the parties and the court.

What is a counter counterclaim?


It is precisely the complaint of the plaintiff brought about by the counterclaim

What is cross-claim?
The cross-claim is that the defendant is asking for subrogation, indemnification and contribution

If A files a case against B and C for sum of money. B and C has an agreement that what
they borrowed from A will go only to B. So, C told B that while both of them asked
borrowed money from A, it is only B who benefit from such borrowing. C also said that A
may even file a case only against him, at his option. What can C do?
He may file a cross-claim against B

What is answer to the cross-claim?


It is against the cross-claim

NOTE:
a. B, in his answer to the cross-claim, may already allege his answer to A as well as to C
b. The same holds true in the case of 3rd party defendant

Illustration: When D files his answer to the 3rd party complaint of C, he answers also the
complaint of A against C.

RULE 7
PARTS OF A PLEADING

*(review legal forms)

Who should sign the pleading?


Pleader, except if the party is represented by a lawyer in which case the lawyer must be the one
who should sign the pleading (Sec. 3)

Who is the pleader?


It depends. It is either the plaintiff, defendant, etc.

Who should sign the certification and verification against forum shopping?
Either all the plaintiffs or any of the plaintiff who is duly authorized to sign on behalf of the
other plaintiffs

What is the difference between certification and verification against forum shopping?
In case of verification, it is not jurisdictional hence, it is subject to amendment such that if you
fail to verify the pleading and verification is required, you can just ask for delayed verification of
the pleading. Certification against forum shopping is not also jurisdictional, however it is a
ground for dismissal either by motion or motu proprio.

Who will verify and certify?


The party himself even if represented by a lawyer

How about if the party is a corporation?


It must be verified and signed by a duly authorized person

Is a special power of attorney (SPA) enough?


No, such person must be authorized by a board resolution

How about in case of co-owners?


In case the plaintiffs are co-owners, only one will suffice. If they are defendants, all of them must
sign as co-owners in the verification and certification against forum shopping. (INC v. Judge
Ponferada)

RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

First. Jurisdictional facts


Second. Paragraph (body of the complaint)

NOTE:
a. If fraud is alleged, it must be alleged with particularity, unlike malice. In so doing, it must
be with affidavit of merits.
b. If judgment is alleged, there is no longer need for an allegation as to whether it was
rendered by a competent court because of disputable presumption

When is an affidavit of merits required?


GENERAL RULE: In an allegation of fraud
EXCEPTION: In case what constitutes fraud was explained in the body of the complaint, there is
no longer need of an affidavit of merits

What are actionable documents?


These are certain materials (written materials or documents) that are used as basis of one's cause
of action or defense

Illustration: If you are collecting a sum of money based on a promissory note, such note is an
actionable document.

Illustration: If the defendant included in his answer the deed of sale as a matter of defense, such
deed is an actionable document.

NOTE: Whoever uses an actionable document, whether the plaintiff or the defendant, the
adverse party must deny it specifically under oath. Meaning to say, whether it is an initiatory
pleading or not, it must be verified.

GENERAL RULE: An answer need not be verified


EXCEPTION: In case the answer includes an actionable document, the answer must be verified

How do you allege an actionable document?


a. Copy the document verbatim in the pleading; or
b. Copy the substance of the document and attach the copy of the pleading

NOTE: You only have to allege the ultimate facts hence, there is no need for evidenciary
matters; to prove that is a matter of trial

How do you contest an actionable document?


By specifically denying the actionable document under oath

What is the effect of specific denial under oath?


You are only denying the authenticity and due execution of the actionable document. It does not
mean that failure to specifically deny under oath is deemed to have admitted the content of the
actionable document.

When you are deemed to have admitted for failure to deny specifically under oath an actionable
document, you are only admitting the following:
a. That the document was signed
b. That there was no alterations
c. That the document was delivered
d. That all the formalities required of the document were complied with (Benguet
Exploration Inc. v. CA)

EXCEPTIONS: There is no longer need to deny the actionable documents under oath
a. When you are not a party to the document
b. When you asked for the production of a document and it was not complied with

But do you still have to deny them?


Yes, otherwise it is admitted

RULE 9
EFFECT OF FAILURE TO PLEAD

NOTE: Sec. 1 provides for residual prerogatives

What are residual prerogatives?


It refers to the jurisdiction of the appellate courts to dismiss a case motu proprio pursuant to Sec.
1 of Rule 9, namely:
a. Lack of jurisdiction;
b. Res judicata;
c. Litis pendencia;
d. Prescription (Katon v. Palanca)

What are the instances where a court may dismiss a case motu proprio?
a. Lack of jurisdiction;
b. Res judicata;
c. Litis pendencia;
d. Prescription (Katon v. Palanca)
e. Failure to present evidence in chief
f. Failure to appear for so long a time
g. Failure to comply with any order of the court (Rule 17, Sec. 3)
h. Summary procedure
NOTE: Sec. 2 is about compulsory counterclaim

Why is it compulsory?
Because you have to invoke it

What if you failed to invoke it?


It is deemed waived

Is this rule absolute?


No, because when you omit a counterclaim by reason of inadvertence, oversight, excusable
negligence, you can still avail of amendment (Rule 11, Sec. 10)

NOTE: The meat of Rule 9 is Sec. 3 default

What is the only ground for default under the present Rules?
Failure to file answer within the prescriptive period

NOTE: There is no longer declaration of party as in default because it is not anymore provided
in the Rules

What was the former rule?


If the party fails to submit a pre-trial brief or fails to appear at the pre-trial, he can be declared as
in default. THIS IS NO LONGER APPLICABLE.

What then is the effect if the party fails to submit a pre-trial brief or fails to appear at the
pre-trial?
The other party can present evidence ex parte

How may a party be declared in default?


The other party must file a motion to declare a party in default. This motion is a litigated motion
hence, it must be in writing, must be set for hearing, and must be served on the adverse party.
(Rule 15, Secs. 4-6)

Illustration: After the plaintiff files a complaint and summons has been served on the defendant
and the latter, within a period of 15 days, failed to file his answer, the court cannot declare
defendant in default motu proprio; it must wait for the plaintiff to file a motion to declare
defendant in default. Because this a litigated motion, it must be set for hearing, and only after the
court has decided that the defendant is really in default that the court will have to issue an order
of default.

Is order of default the same as judgment by default?


No, the order of default is pursuant to the motion of a party to declare the other party in default.
If the order of default is not set aside, the court can render a judgment by default. Therefore,
there can be no judgment by default without an order of default.

What is the remedy of the defaulted party?


The order of default can only be set aside when there is a motion to set aside the order of default
(BDO v. Tansipek)

What is the effect if the order of default is issued against the defaulted party?
Said party loses his personality before the court thus, he can no longer participate in the
proceeding but he is entitled to copies of the proceeding

What is the remedy against a judgment by default?


Since it is a judgment, all the remedies against a judgment applies thereto (i.e. motion for
reconsideration, new trial and appeal)

Remedies
Order of default Judgment by default
Motion to set aside the order of default a. Motion to reconsideration
b. New trial
c. Appeal

GENERAL RULE: There can be no judgment by default without an order of default


EXCEPTION: Non-compliance with the modes of discovery (Rule 29, Sec. 3[c])

What is partial default?


It is called as such because this is an instance where there are several parties to a case. There is
no partial default if there is only one defendant or one plaintiff.

What is the effect of partial default to the defaulted party?


It depends. If the defense put up by the answering defendant is common to all the defendants,
then that could be advantageous to all of them. If the defense put up by the answering defendant
applies personally to him only, he cannot get advantage out of that.

Illustration: There are 3 defendants, X, Y and Z. The defense of X is payment. This is a common
defense because it will redound to all of them. If the defense of X is minority, this is not a
common defense.

RULE 10
AMENDED AND SUPPLEMENTAL PLEADINGS

If A files a case against B for sum of money in the amount of 250k, can A amend that to
500k?
No, because of jurisdiction 250k is with the MTC, not 500k. The remedy of A is re-filing.

A files a case against B for 250k. B, in his answer, interposes a counterclaim of 500k. Will
the counterclaim prosper?
No, because counterclaim must be within the jurisdiction of the court in amount as well as in
nature. Since the amount is 500k, the MTC has no jurisdiction over the counterclaim.
Suppose the 250k counterclaim in a 500k complaint arises from employer-employee
relationship,
The case should be dismissed because the nature of the case is outside the jurisdiction of the trial
court

When can you amend?


Anytime, but it can be either be a matter of right or a matter of discretion

What is amendment as a matter of right?


You do not have to ask for leave of court, you just amend it, except if it involves jurisdiction

When is it a matter of right?


Before the party files a responsive pleading

A files a case against B with the RTC. Summons was served upon B on January 5. On
January 10, B files his answer. Can A still amend the complaint as a matter of right?
Yes, Sec. 2 requires served, not filed. Even if B files his answer, if A has not received the
copy, he can still amend the complaint as a matter of right.

A amended it as a matter of right. Summons was again sent to B, who again received the
summons on the amendment of the complaint. B filed the answer the second time around.
Can A, who has not received the answer to the amended complaint, still amend the
complaint as a matter of right?
No, because amendment is allowed only once

NOTE: Amendment can be availed of by all parties to the case

After responsive pleading has been served on the party, can be still amend?
Yes, but this time he has to amend with leave of court

Kinds of amendment:
a. Substantial
b. Clerical/Formal

NOTE: Whether it is substantial or formal, the important is whether it is a matter of right or of


discretion

Amendments in criminal procedure

Kinds of amendment:
a. Substantial
b. Clerical/Formal

NOTE:
a. It can also be a matter of right or of discretion
b. In criminal case, what can only be amended is the information or the complaint
When is amendment a matter of right?
Before the accused enters plea (before arraignment)

When is amendment a matter of discretion?


After the accused enters plea (after arraignment)

EXCEPTION: As long as the accused will not be placed in double jeopardy

NOTES:
a. Whether it is before plea, it is always a matter of discretion if the amendment amounts
to downgrading (e.g. murder to homicide) or downgrading will even include exclusion of
one of the accused from the information
b. While liberality applies in civil cases, it does not apply to criminal cases because the
accused might always be placed in double jeopardy

The information was for homicide. There was an amendment made from homicide to
murder. Is it substantial or formal amendment?
While initially, it should have been a substantial amendment, the Court held that it was a formal
amendment because the allegations in the information amount to murder but the title was
homicide. What is controlling is the body rather than the title. (Buhat v. CA)

What is the difference between substitution and amendment?


Substitution a new charged while amendment is simply changing certain matters in the
information

Amendment to conform to the evidence

Allegation is not proof. Every allegation in the pleading must be proven through evidence. If
there is already evidence but no allegation yet, the remedy is amendment to conform to evidence.

Illustration: In an action for sum of money, there was no allegation regarding demand but during
trial, the counsel for the plaintiff started to present evidence on demand letters. Since jurisdiction
over the issue is determined by the allegations in the pleading, the defense objects for lack of
jurisdiction. The counsel for the plaintiff asks the court for amendment to conform to the
evidence.

If pleading has been amended, what happens to the admissions in that pleading?
The admissions become extrajudicial admissions because in the rule of evidence, admissions in
the pleadings are judicial admissions. Judicial admissions need not be proven while extrajudicial
admissions must be proven hence, they are not admissible unless established.

RULE 11
WHEN TO FILE RESPONSIVE PLEADINGS

10 days All the rest such as but not limited to:


a. When amendment is not a matter of right (answer thereto is 10 days)
b. When a complaint is filed and the case is governed by the rules on summary procedure
c. Counterclaim
d. Cross-claim
e. Counter counterclaim
f. Bill of particulars
15 days
a. Any summons served when the case is governed by the rules on regular procedure
b. When there is an amendment and the amendment is a matter of right (answer thereto is 15
days)
c. Answers to the 3rd, 4th, 5th party complaint
30 days When the defendant is a foreign corporation, service of summons may be done in the
following manner:
1. Resident agent designated by Philippine law (15 days)
2. Public officer designated by Philippine law (30 days)
3. Any representative or agent found in the Philippines (15 days) (Rule 14, Sec. 12)
60 days Extraterritorial service (Rule 14, Sec. 16)

You filed a case against Bank of Milwaukee. If you do not find any representative or agent
of such bank in the Philippines, where do you serve summons?
On the Governor of the Central Bank because he is the public officer designated by Philippine
law

When will the 30 day period start?


Upon receipt of Bank of Milwaukee from the Governor of the Central Bank

RULE 12
BILL OF PARTICULARS

NOTE: When, in civil cases, a party files a motion for bill of particulars, the court may either
grant or deny

What is the purpose for filing a motion for bill of particulars?


To give the other party a chance to answer correctly

NOTE: If a motion for bill of particulars is granted, the 10 day period (Rule 11) applies for
purpose of answer

Suppose a motion for bill of particulars is denied, will the 10 day period still apply?
No, the defendant has only the balance of the period but not less than 5 days. In other words, the
fresh period rule (Neypes doctrine) will not apply.

In what instances where the Neypes doctrine will not apply?


a. In case the motion for bill of particulars is denied (Rule 12)
b. In a motion to dismiss (Rule 16)
c. In interpleader (Rule 62)
d. In review of judgment from COA or COMELEC (Rule 64)

In these instances, what period will apply?


The balance of the period but not less than 5 days

NOTE: In the computation of time, always exclude the first day and include the last day.
Regarding the balance of the period of 5 days,

Illustration: A complaint was filed by Mr. A and summons was served upon Mr. B on January 5,
so Mr. B has until January 20 to file his answer. On January 6, instead of filing an answer, he
files a motion for bill of particulars but was denied. So, Mr. B only has the balance of the period
but not less than 5 days. Therefore, he has 14 days left. Mr. B received the copy of the order
denying the motion for bill of particulars on March 5.

Where do you count the 14 day period? Will it be on January 20?


No, from the time of receipt of the copy of the order denying such motion (i.e. March 5).
Therefore January is wrong because Mr. B has not yet received the copy of the order denying his
motion for bill of particulars.

Illustration: Summons was served on January 5. Mr. B has until January 20 to file his answer.
Instead of answer, he filed a motion for bill of particulars on January 19 but was denied.
Therefore, he only has 1 day left to file his answer but not less than 5 days. He received the copy
of the order denying his motion on February 10

Where do you count the 5 day period?


February 10 hence, he has until February 15 to file his answer

REMEMBER: THIS WILL APPLY ALSO IN CASE OF MOTION TO DISMISS (Rule 16),
INTERPLEADER (Rule 62) AND REVIEW OF JUDGMENT FROM COA OR COMELEC
(Rule 64)!!!!!!

RULE 13
FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Is filing and service the same?


No, they are different

What is filing?
It is the presentation of the pleading or submission of the pleading with the clerk of court

What is service?
It is furnishing a copy of the pleading to the adverse party

Is service of pleadings by private service courier valid?


While service of pleadings by private service courier is not provided for in the Rules of Court
(Palileo v. Planters Development Bank), the Court in Heirs of Numeriano Miranda v. Miranda
held that service by private service courier is not allowed because the prescriptive period cannot
be determined.

Is service by private service courier absolutely prohibited?


No, service of judicial affidavit to the adverse party can be done by private service couriers
(Judicial Affidavit Rule)

NOTE: Personal service is preferred because other modes are being abused in practice. Thus,
when you avail of service of pleadings other than personal service, you have to state the reason
why. (Sec. 11)

Should it be a valid reason?


Not necessarily

Is substituted service of pleadings the same as substituted service of summons?


No, they are not. Substituted service of pleadings must be submitted to the clerk of court. When
it is served at the residence or office of the adverse party, it is still personal.

May a judgment be served by substituted service? What if it cannot be personally served?


Judgment cannot be served by substituted service. Motion for leave of court before it can be
published.

Modes or Manner
Filing Service
a. Personal filing a. Personal service
b. By registered mail b. By mail
a) Registered mail
b) Ordinary mail
Completeness
a. Personal filing upon delivery a. Personal service upon delivery
b. By registered mail 5 days from the b. By mail
receipt of the first registry notice a) Registered mail 5 days from
the receipt of the first registry
notice
b) Ordinary mail 10 days from
receipt
Proof
a. Personal filing stamp a. Personal service written admission of
b. By registered mail the registry receipt the party served, or official return of the
that it has been receipt and the registry server, or affidavit of the party serving
notice that it has been received containing the full information of the
date, place and manner of service
b. By mail
a) Registered mail the registry
receipt that it has been receipt
and the registry notice that it
has been received
b) Ordinary mail affidavit of the
person mailing of the facts
showing compliance with Sec. 7

RULE 14
SUMMONS

1. What is summons?
a. Definition
It is a writ by which a defendant is notified of the action brought against
him (Hock v. CA)
It is a directive or order coming from the clerk of court served on the
adverse party or the defendant for the court to acquire jurisdiction
(Brondial)
b. Purpose
For the court to acquire jurisdiction over the person of the defendant
c. Is there an alias summons?
Yes, it is any summons other than the first summons
d. How can you ask for it?
Apply with the clerk of court
2. Who issues?
Clerk of court, upon filing of the complaint and the payment of the requisite legal
fees (Sec. 1)
3. Who serves?
(a) sheriff, (b) his deputy, or (c) other proper court officer, or (d) for justifiable
reasons, by any suitable persons authorized by the court issuing the summons
(Sec. 3)
Can the plaintiff or a policeman serve the summons?
Yes, if he is authorized by the court
Can the summons be served thru a process server?
Yes, if authorized by the court
4. Kinds of summons
A. Service in person
Whenever practicable, the summons shall be served by handling a copy
thereof to the defendant in person, or, if he refuses to receive and sign for
it, by tendering it to him (Sec. 6)
B. Substituted
If, for justifiable causes, the defendant cannot be served within a
reasonable time as provided in the preceding section, service may be
effected (a) by leaving copies of the summons at the defendant's residence
with some person of suitable age and discretion then residing therein, or
(b) by leaving the copies at defendant's office or regular place of business
with some competent person in charge thereof (Sec. 7)
The following are the requisites for a valid substituted service:
1) Impossibility of prompt personal service
There must be several attempts by the sheriff to personally
serve the summons within a reasonable period of one (1)
month which eventually resulted in failure to prove
impossibility of prompt service. "Several attempts" means
at least three (3) tries, preferably on at least two different
dates. In addition, the sheriff must cite why such efforts
were unsuccessful. It is only then that impossibility of
service can be confirmed or accepted.
2) Specific details in the Sheriffs Return
The efforts made to find the defendant and the reasons
behind the failure must be clearly narrated in detail in the
Return. The date and time of the attempts on personal
service, the inquiries made to locate the defendant, the
name/s of the occupants of the alleged residence or house
of defendant and all other acts done, though futile, to serve
the summons on defendant must be specified in the Return
to justify substituted service.
3) A person of suitable age and discretion
A person of suitable age and discretion is one who has
attained the age of full legal capacity (18 years old) and is
considered to have enough discernment to understand the
importance of a summons.
4) A competent person in charge
The person on whom the substituted service will be made
must be the one managing the office or business of
defendant, such as the president or manager; and such
individual must have sufficient knowledge to understand
the obligation of the defendant in the summons, its
importance, and the prejudicial effects arising from inaction
on the summons (Manotoc v. CA)
NOTES:
a) In extraterritorial service, there is no substituted service because it
can be easily controverted and invalid
b) There is also no substituted service to corporations (Dole
Philippines, Inc. v. Quilala)
C. Publication
If service is thru publication, the finality of judgment must also be thru
publication
D. Extraterritorial
A non-resident not found in the Philippines named as a defendant in an
action in rem or quasi in rem may, with leave of court, be the subject of
extraterritorial service of summons done outside the Philippines (Sec. 15)
or a resident who is temporarily out of the Philippines named as a
defendant in any action (in rem, quasi in rem and in personam) may, with
leave of court, be the subject of extraterritorial service in the following
manner (Sec. 16): (PPOD)
a. By personal service of summons done outside the Philippines
b. By publication in a newspaper of general circulation in such places
and for such time as the courts shall set. A copy of the summons
and order by the court shall be sent by registered mail to the last
known address of defendant
c. By any other manner which the court may deem sufficient
NOTE: This last mode is only applicable in extraterritorial
service
d. Through the Department of Foreign Affairs (DFA) (SC Circular)
Is there service of summons by registered mail?
None
Can service by registered mail valid?
Yes
5. On whom served
A. On corporations
a. Public (Sec. 13)
a) When the defendant is the Republic of the Philippines, service may
be effected on the Solicitor General;
b) When the defendant is a province, city or municipality, or like
public corporations, service may be effected on its executive head
(e.g. mayor or governor), or on such other officer or officers as the
law or the court may direct
b. Private
a) Domestic (Sec. 11)
When the defendant is a corporation, partnership or
association organized under the laws of the Philippines
with a juridical personality, service may be made on any of
the following: (PMGCTI)
(a) President
(b) Managing partner
(c) General manager
(d) Corporate secretary
(e) Treasurer
(f) In-house counsel
The rule must be strictly observed. Service of summons
must be made to one named in the statute; otherwise the
service is insufficient. (Villarosa v. Benito)
b) Foreign (Sec. 12)
When the defendant is a foreign private juridical entity
which has transacted business in the Philippines, service
may be made on the following in chronological order:
(RAG)
1) Resident agent
2) Government official designated by law
3) Any of its officers or agents within the Philippines
B. On natural persons
a. Prisoners
When the defendant is a prisoner confined in a jail or institution,
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 (Sec. 9)
How summons is served? Is it upon the prisoner or the
warden?
Upon the prisoner through the warden. Thus, service upon the
warden is invalid.
b. Minors and incompetent
When the defendant is a minor, insane or otherwise an
incompetent, service shall be made upon him personally and on his
legal guardian if he has one, or if none 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. (Sec. 10)
How is summons served? Is it upon the minor/insane or the
parent/legal guardian?
Upon the parent/legal guardian or, if there is no guardian, upon the
appointed guardian ad litem
c. Unknown identity and whereabouts
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 (Sec. 14)
d. Temporarily abroad
When any action is commenced against a defendant who ordinarily
resides within the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out of the
Philippines, as under the preceding section (Sec. 16)
C. On entities without judicial personality
6. Proofs of service
a. The proof of service of a summons shall be made in writing by the server and
shall set forth the manner, place, and date of service; shall specify any papers
which have been served with the process and the name of the person who received
the same; and shall be sworn to when made by a person other than a sheriff or his
deputy. (Sec. 18)
b. If the service has been made by publication, service may be proved by the
affidavit of the printer, his foreman or principal clerk, or of the editor, business or
advertising manager, to which affidavit a copy of the publication shall be attached
and by an affidavit showing the deposit of a copy of the summons and order for
publication in the post office, postage prepaid, directed to the defendant by
registered mail to his last known address. (Sec. 19)
7. Voluntary appearance
The court acquires jurisdiction over the person of the defendant (a) by a valid
service of summons or (b) by his voluntary appearance before the court (Sec. 20)
For the court to validly acquire jurisdiction over the person of the defendant, the
appearance must be unequivocal and categorical (Millenium Industrial
Commercial Corp. v. Tan)
Example of voluntary appearance: Affirmative relief

RULE 15
MOTIONS

1. Definition
A motion is an application for relief other than by a pleading (Sec. 1)
All motions shall be in writing except those made in open court or in the course of
a hearing or trial (Sec. 2)
A motion shall state the relief sought to be obtained and the grounds upon which
it is based, and if required by these Rules or necessary to prove facts alleged
therein, shall be accompanied by supporting affidavits and other papers. (Sec. 3)
2. Requirements
3. Omnibus motion

Are motions pleading?


Yes, they are kinds of pleading

Are pleadings motion? Why?


No, they are no kinds of motions because when you file a pleading, you are asking for a general
relief as against a motion where you are praying for a particular relief

Kinds of motions:
a. Litigated motion
b. Non-litigated motion

How to be a valid litigated motion?


It has to comply with Secs. 4-6

Does non-litigated motion have to comply with Secs. 4-6?


No, ordinarily these motions are done orally

Are there written motions that are non-litigated?


Yes, such as but not limited to the following:
a. Motion for extension of time to file pleading
b. Motion for cancellation of date of trial
c. Motion for cancellation of date of presentation of evidence

NOTE: While these are non-litigious, copies of these must be served on the adverse party but
these are not set for hearing
GENERAL RULE: When you file a motion at the Court of Appeals and the Supreme Court,
never set it for hearing because hearing before these courts is not a matter of right but of
discretion

What are the requirements of a litigated motion under Secs. 4-6?


a. In writing (Sec. 3)
b. Comply with the 3 day notice rule (Sec. 4)
c. Comply with the 10 day setting rule (Sec. 5)

What is the 3 day notice rule?


The adverse party must have received a copy 3 days before the scheduled hearing

Illustration: Even if you send it within the period, if the adverse party was unable to receive it 3
days before the scheduled hearing, there is non-compliance of Sec. 4

NOTE: The point here is not the time of sending but the time of receipt of the copy of the
motion. The adverse party must have received the copy 3 days before the scheduled hearing.

What is the regular hearing day on motion?


Friday

Is it mandatory?
No

Illustration: If the court follows the regular hearing day on motion as provided for in the rules,
i.e. Friday, the adverse party must have the received the copy of the motion on Tuesday to
comply with the 3 day notice rule under Sec. 4

In case the hearing day on motion of a court is Monday, when should the adverse party
receive the copy?
Friday

What is the 10 day setting rule?


You can the 3 day notice rule based on the 10 day setting rule. You have to set it from the time
you file it.

Illustration: You filed your motion on Monday, set it 10 days from Monday

Can there be possible conflict between the two rules?


Yes. Sometimes, you cannot even comply with both.

Illustration: I am a practicing lawyer in Manila but my case is in Davao City. I will no longer
travel to Davao just to file the motion personally. I will only go there if the motion is already set
for hearing. If I file it by mail, to comply with the 10 day setting rule, chances are I will not be
able to comply with the 3 day notice rule, or vice versa. Pag pinadala mo yung registered mail,
darating yun sa Davao 15 days after.

In case of conflict, which should prevail? The 3 day notice rule or the 10 day setting rule?
The 3 day notice rule must prevail because the 10 day setting rule affects only the calendar of the
court while the 3 day notice rule may be prejudicial to the rights of the adverse party

What is the omnibus motion rule?


When you file your motion, allege all the available grounds. That which is not alleged is deemed
waived in your motion.

Illustration: When you file your motion for new trial (Rule 37), allege all available grounds. If
you do not avail of any of the grounds available, you are considered to have waived it.

What are the exceptions to the omnibus motion rule?


a. Court has no jurisdiction over the subject matter
b. That there is an action pending between the same parties for the same cause
c. That the action is barred by a prior judgment or by the statute of limitations

Leave of court
Whenever you ask for leave of court, you already have to attach the appropriate pleading

Instances when leave of court is required:


a. 3rd, 4th, 5th party complaint
b. Intervention
c. Depositions
d. Demurrer in evidence in criminal case

NOTE: Sec. 9 somehow amends Sec. 23 of Rule 119 (demurrer to evidence). Sec. 23 is no
longer applicable. When you file your motion for leave to file a demurrer in criminal cases,
attach already your demurrer. This is the result of Sec. 9, Rule 15.

RULE 16
MOTION TO DISMISS

Motion to Dismiss (Rule 16, Sec. 1) Motion to Quash (Rule 117, Sec. 3)
That the court has no jurisdiction over the That the court trying the case has no
person of the defending party jurisdiction over the person of the accused
That the court has no jurisdiction over the That the court trying the case has no
subject matter of the claim jurisdiction over the offense charged
That venue is improperly laid (Rule 4)
That the plaintiff has no legal capacity to sue That the officer who filed the information had
(Rule 3) no authority to do so
That there is another action pending between That more than one offense is charged except
the same parties for the same cause (litis when a single punishment for various offenses
pendencia) (Rule 2) is prescribed by law
That the cause of action is barred by a prior That the accused has been previously convicted
judgment or by the statute of limitations (res or acquitted of the offense charged, or the case
judicata) (Sec. 47, Rule 39) against him was dismissed or otherwise
terminated without his express consent (double
jeopardy)
That the pleading asserting the claim states no That the facts charged do not constitute an
cause of action offense
That the claim or demand set forth in the That the criminal action or liability has been
plaintiff's pleading has been paid, waived, extinguished
abandoned, or otherwise extinguished
That the claim on which the action is founded That it contains averments which, if true,
is enforceable under the provisions of the would constitute a legal excuse or justification
statute of frauds
That a condition precedent for filing the claim That it does not conform substantially to the
has not been complied with prescribed form

NOTE: Some of these grounds, when availed of, will call for the final or absolute end of the
case (e.g. lack of jurisdiction, res judicata) but some would allow re-filing of the case

There are 10 grounds in a motion to dismiss under Rule 16, there are only 9 grounds under
Rule 117. If each has its own equivalent ground, where is the one missing ground in Rule
117?
Venue, because it is jurisdictional in criminal cases so it cannot be found in Sec. 3, Rule 11

NOTE: Aside from being jurisdictional, venue is also waivable. Thus, before the 1997
Revised Rules of Court, if you want to invoke venue as a ground for motion to dismiss, you have
to file a motion to dismiss in invoking it. Now, it is no longer needed such that even if you do not
file a motion to dismiss on the ground of improper venue, you are not barred from invoking
improper venue as an affirmative defense in your answer.

What are the requirements of litis pendencia as ground for motion to dismiss?
a. Identity of parties
b. Identity of subject matter
c. Identity of cause of action

NOTE:
a. The term "same parties" in litis pendencia and res judicata does not refer to identical
parties, it only refers to identity of interest
b. If a party moved for the dismissal of the case through litis pendencia it is presumed that
there is more than one action pending between the parties

Two kinds of res judicata?


a. Bar by prior judgment/estoppel by judgment
b. Conclusiveness of judgment

What are the requirements for res judicata?


1. There must be a final judgment
2. It must be rendered by a court of competent jurisdiction
3. It must be a judgment on the merits
4. There must be identity of cause of action, subject matter and parties

What is the difference between bar by prior judgment and conclusiveness of judgment?
Omit the fourth requirement, that is conclusiveness of judgment

What is the meaning of "final judgment"?


Executory judgment, not just a final judgment, because a final judgment is still remediable by
new trial, reconsideration, or appeal.

What does it mean "judgment on the merits"?


All the parties were given the opportunities to present their side. It does not mean that there
should be a trial because there are several kinds of judgment that do not call for trial (e.g.
judgment by default, judgment by compromise, judgment on pleading, summary judgment).

Why it must be rendered by a court of competent jurisdiction?


Because any judgment, decision, final order, rendered by a court without jurisdiction is null and
void

What are identities of cause of action, subject matter and parties?


The identity of cause of action is absolute but the identity of parties is not absolute but relative.
Identity of subject matter is absolute.

Example of identity of parties: If A files a case against B for recovery of a parcel of land.
Judgment was rendered in favor of A 10 years after X files a case against Y for recovery of the
same parcel of land and it happens that X and Y are the children of A and B. There is no absolute
identity of parties but of interests. Will res judicata apply?
Yes, it will apply.

Example of identity of subject matter: If what you seek to recover in the first case is the property
located in Makati and in the second case is the property located in Caloocan, there is no identity
of subject matter. Res judicata will not apply.

Example of identity of cause of action: If it is recovery, and in the second case, annulment, there
is no identity of cause of action but there can be still another form of res judicata otherwise
known as conclusiveness of judgment if there is no identity of cause of action.

Why is it called double jeopardy?


It so called because there was first jeopardy. The first jeopardy is what res judicata is all about.
The requirements for the first jeopardy are the same requirements as res judicata.

What are the two principal kinds of judgment in criminal cases?


1. Judgment of conviction
2. Judgment of acquittal
What do you call other judgments in criminal cases?
Order of dismissal, or loosely referred to as decision

Is cause of action the proper term?


Lack of cause of action is a misnomer because as discussed before cause of action is the lack or
omission. This should be lack of right of action. This should not be confused with insufficiency
of cause of action. Because there are some books which says that insufficiency of cause of action
is a ground for motion to dismiss, that is wrong. It is lack of cause of action which is ground for
motion to dismiss.

Why is it so?
Because in insufficiency of cause of action there is a cause of action but there was error only in
the presentation. And because there was only error in the presentation it is subject to amendment.
Remember that a motion to dismiss is not a responsive pleading and therefore amendment is still
a matter of right. But if it is a lack of cause of action then definitely there is no cause of action.

Lack of cause of action should be distinguished from lack of legal personality to sue
One resides in the cause of action while the other resides with the person. A corporation who
sues without the proper board resolution, that is lack of legal personality to sue. A minor who
sues without the assistance of parent or guardian or guardian ad litem, it is suing without legal
personality to sue. In lack of legal personality, it lies in the person, it is inherent with the person
while the lack of cause of action is inherent in the right of the person.

What are the conditions precedent for filing the claim?


1. Exhaustion of administrative remedies
2. Earnest efforts when the case is between members of the same family
3. Barangay conciliation proceeding

Barangay conciliation proceeding

GENERAL RULE: Every case before it is filed with the court must first undergo barangay
conciliation proceeding

EXCEPTIONS:
a. Where one party is the government, or any subdivision or instrumentality thereof;
b. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
c. Where the dispute involves real properties located in different cities and municipalities,
unless the parties thereto agree to submit their difference to amicable settlement by an
appropriate Lupon;
d. Any complaint by or against corporations, partnership or juridical entities, since only
individuals shall be parties to Barangay conciliation proceedings either as complainants
or respondents;
e. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate Lupon;
f. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding
one (1) year or a fine over five thousand pesos (P5,000.00);
g. Offenses where there is no private offended party;
h. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
a) Criminal cases where accused is under police custody or detention;
b) Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived or on acting in his behalf;
c) Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency of the
action; and
d) Actions which may be barred by the Statute of Limitations.
i. Any class of disputes which the President may determine in the interest of justice or upon
the recommendation of the Secretary of Justice;
j. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL);
k. Labor disputes or controversies arising from employer-employee relations; and
l. Actions to annul judgment upon a compromise which may be filed directly in court.
(Adm. Cir. No. 14-93)

EXCEPTION TO THE EXCEPTION: Even if they reside in different city or municipality, if the
same are adjacent to each other (Letter [e], supra.)

NOTE:
a. In barangay conciliation proceeding, lawyers are not allowed unless the person involved
is a lawyer
b. If you avail of provisional remedies, barangay conciliation proceeding is not necessary
c. In case of warrantless arrest, there is no barangay conciliation proceeding
d. Barangay conciliation proceeding is no longer jurisdictional which means that if you
dont contest it you are considered to have waived it

In earnest efforts, who are the members of the family?


Refers to collateral lines up to brothers and sisters only; on the vertical lines, there is no
limitation (e.g. great granddaughter against great grandfather)

NOTE:
a. In-laws are not included in family relations. Relationship by affinity are not included.
b. Irrespective of where they reside, there must still be earnest effort for amicable
settlement.

How do you go about it in order not to be dismissed on the ground of prematurity?


You have to allege earnest efforts in your pleading. Failure to do so, the court has no jurisdiction
over such issue and therefore it can be dismissed on the ground of prematurity.
When do you file motion to dismiss?
GENERAL RULE: Before you file your answer
EXCEPTION: If jurisdictional

Can you still file your motion to dismiss after you have filed your answer?
Yes, depending on the ground. If it jurisdictional, you can raise it anytime even on appeal but
other grounds, only during or before filing answer.

NOTE:
a. Under the present Rules, the court cannot defer the resolution of a motion to dismiss. The
court must either grant or deny it, no more third option. No more deferral of motion.
b. You have to file an answer after receipt of summons within 15 days if regular 10 days if
summary.

What is the effect if the motion to dismiss is denied?


You must file your answer within the balance of the period

Summons was received by the defendant on Dec. 5, he has until Dec. 20 within which to file
an answer. On Dec. 18 he filed a motion to dismiss which was later denied, when should he
file his answer?
Note the denial was Dec. 18, it is not receipt of such denial. Answer should be filed 5 days after
the receipt of the denial. Notice of denial could be received in February. The rule says you have
the balance of the period but not less than 5 days from notice.

What notice is referred to there?


Notice of the denial of the motion to dismiss. If receipt is Feb 5 then you have till Feb 10 to file
an answer.

If the motion to dismiss is denied, can B, the movant, appeal its denial? Why?
Because it is not appealable being an interlocutory order. He must file his answer, although if
there is a grave abuse of discretion he may file certiorari under rule 65.

Suppose it is granted, thus favorable to B, what is the remedy of A?


You can appeal.

Why can you appeal an order granting but you cannot appeal an order denying?
Because an order of granting the motion to dismiss is deemed to be a final order hence it is
appealable.

What is appealable?
Only final orders are appealable.

What are the remedies in case a motion to dismiss is denied?


a. Filing of a motion for reconsideration;
b. Filing a special action for certiorari under rule 65 in case of abuse of discretion
amounting to lack of jurisdiction; and in the absence of such
c. File his answer to the complaint.
NOTE: Appeal is not available in the denial of a motion to dismiss because it is an interlocutory
order.

If the motion to dismiss is granted what is the remedy of the plaintiff?


He may file an appeal.

Why does the rule allow the plaintiff to appeal but disallows the defendant to appeal?
Because an order denying an appeal is merely an interlocutory order while an order of granting a
motion to dismiss is already a final order or resolution.

NOTE: It must be remembered that only final order or resolution may be appealed. And because
of the fact that there is no other remedy under the ordinary course of law from the part of the
plaintiff, that is why the rule gives him the right to appeal.

NOTE: Remember that the enumeration stated under Sec. 1 of Rule 16 is EXCLUSIVE. There
are no other grounds of a motion to dismiss under Rule 16. In other words there are other
grounds for dismissal of actions under other rules but not under Rule 16 because as it is so
provided this motion to dismiss under rule 16 can only be availed of BEFORE answer is filed.
After that you can no longer avail unless for a very, very, very meritorious reason. Just
remember that you can no longer file a motion to dismiss under Sec. 1 Rule 16 AFTER you have
filed an answer.

How about the omnibus motion rule where in the exemption is jurisdiction?
It is a ground available at any time, even during certiorari or on appeal that is exceptional,
very extraordinary. Although there is an exception to the exception unless you are estopped.

May a court not resolve a motion to dismiss and order the same to be resolved together
with the case?
No, because Sec. 3, Rule 16 the court shall not defer the resolution of the motion for the reason
that the ground relied upon is not indubitable.

What is the rationale of the rule of such non deferment of resolution of a motion to
dismiss?
To prevent delay, if the court has no jurisdiction then it would only be waste of time for the court
to continue.

Now if the court has no jurisdiction why would the court rule on something it has no authority? It
is not even residual jurisdiction. It is a waste of time, money and effort for the court in deferring
the resolution of the motion on the ground of lack of jurisdiction. After all, if he renders any
judgment without jurisdiction then the judgment is totally and absolutely null and void.

RULE 17
DISMISSAL OF ACTIONS

What are the remedies available to the defendant?


1. Motion to dismiss (Rule 16)
2. Demurrer to evidence (Rule 33)
3. Motion for reconsideration or for new trial (Rule 37)
4. Appeal (Rules 40-45)

What are the remedies of the defendant once the judgment is entered (executory)?
1. Petition for relief from judgment (Rule 38)
2. Annulment of judgment (Rule 47)

What are the remedies of the defendant after finality of judgment?


1. Motion for new trial (Rule 37)
2. Motion for reconsideration (Rule 37)
3. Appeal (Rule 40-45)

What are the remedies available to the plaintiff?


1. Dismissal of action (Rule 17)
2. Judgment on the pleading (Rule 34)
3. Summary judgment (Rule 35)
4. Motion for reconsideration or for new trial (Rule 37)
5. Appeal (Rules 40-45)

What are the remedies of the plaintiff once the judgment is entered (executory)?
Petition for relief from judgment (Rule 38)

What remedies may be used against interlocutory orders?


1. Certiorari (Rule 65)
2. Prohibition (supra.)
3. Mandamus (ibid.)

What are the grounds for notice to dismiss?


None, there are no grounds. Any ground may do.

Why no grounds?
Because no one will be prejudiced

When does the notice take effect?


Upon confirmation of the court. When the court confirms the notice, it must issue an order of
confirmation. (Sec. 1)

What is an order of confirmation?


a. Dismissal upon notice by plaintiff (Rule 17, Sec. 1)
b. Sale of mortgaged property (Rule 68, Sec. 3)

What is the effect of order of confirmation under Sec. 1, Rule 17?


It effects the notice of dismissal

What is the effect of order of confirmation under Sec. 3, Rule 68?


It cuts the equity of redemption

Sec. 2 speaks of motion to dismiss by the plaintiff. Why is it by motion?


Because the answer has been filed by the defendant and when the defendant has filed his answer,
in all probabilities, he has a counterclaim. If he already has counterclaim, Sec. 2 protects him. By
virtue of the motion, the court will still have to rule the validity of the motion.

REMEMBER:
The dismissal of the complaint under Sec. 2 is limited only to the complaint. The counterclaim
remains.

What is a compulsory counterclaim?


That which arises from the same cause of action in the complaint (Rule 6, Sec. 7)

What is a permissive counterclaim?


While a permissive counterclaim is one which does not arise from the same transaction or series
of transaction as that of the claim

Is the counterclaim referred to in Sec. 2 of Rule 17 compulsory?


No, not necessarily. Whether it is compulsory or permissive, it remains because a compulsory
counterclaim cannot survive without the complaint but Sec. 2 provides an instance where there is
no more a complaint.

A file a case claiming 1M, B the defendant says I dont owe you in fact you owe me! B
filed counterclaim of 3M, in the claim atty fees 100k in the counterclaim, atty fees 300K.
Suppose it is true, it has already caused prejudice to the defendant, the defendant already
paid his lawyer. He can never go back to his lawyer and say return to me the 300K I paid
you the lawyer would say I will return you my wife but not my 300K

NOTE: It should be emphasized that prejudice has been caused here, that is why Sec. 2 does not
distinguish whether the counterclaim is compulsory or permissive. Whether the counterclaim is
compulsory or permissive, the dismissal by a motion of the plaintiff is limited only to the
complaint.

So what happens to the counterclaim?


The defendant has the option whether the counterclaim be prosecuted in a separate action or that
it be resolve in the same action by giving notice to the court within 15 days by a motion
manifesting his preference to have his counterclaim resolved in the same action.

What is the 2-dismissal rule?


GENERAL RULE: When the plaintiff caused the dismissal of his own complaint the second
time around, he can no longer file it again. In other words, the second dismissal is a dismissal
with prejudice. (Sec. 2, Rule 17)
EXCEPTION: If the first dismissal was on the ground of lack of jurisdiction, the 2-dismissal rule
will not apply
What are the grounds for dismissal motu proprio by the court?
a. Failure to present evidence in chief (Rule 17, Sec. 3)
b. Failure to prosecute for an unreasonable length of time (supra)
c. Failure to comply with any order of the court (ibid.)
d. Res judicata
e. Litis pendencia
f. Lack of jurisdiction
g. Prescription
h. Summary procedure

How unreasonable is unreasonable length of time?


The unreasonable length of time depends upon the discretion of the court, there is no hard and
fast rule. It depends upon the circumstance surrounding the case.

NOTE: Do not be mislead by the word evidence in chief, evidence in chief is not only on the
part of the plaintiff, there is also evidence in chief on the part of the defendant.

RULE 18
PRE-TRIAL

Is pre-trial mandatory?
Yes. Both in civil (Rule 18) and criminal (Rule 118) cases, pre-trial is mandatory

What happens if there is no pre-trial?


There is irregularity in the proceeding which can be a ground for new trial in criminal proceeding
(Rule 121)

What is the objective/purpose of pre-trial?


To expedite the proceeding. It is the guide to the trial because the stipulations and admissions in
the pre-trial will no longer be discussed during trial.

What is the difference of pre-trial in civil and criminal cases?


In criminal cases, part of pre-trial is plea bargaining. In civil cases, there is no plea bargaining;
you can enter in compromise but such compromise is not entered during pre-trial proper because
it has already been incorporated in Rules 18 and 118 (A.M. No. 03-01-09-SC)

NOTE: You can only plea bargain to a crime which necessarily include or necessarily included
(e.g. If X is charged for homicide, he cannot plea bargain for jaywalking)

Is mediation and conciliation proceeding mandatory?


Yes, it is now mandatory (supra.). You cannot go to pre-trial without undergoing mediation and
conciliation proceeding before the clerk of court.

NOTE: The term preliminary conference is not limited now in actions governed by summary
procedure because in the amended Rule 18, they are now using the term preliminary conference.
Now there are preliminary conferences in both actions governed by summary procedure and by
the rules governed by regular procedure.

Are mediators and conciliators lawyers?


Preferably, they should not be lawyers but in actual practice, these mediators and conciliators are
retired lawyers

How long is mediation?


30 days, subject to extension for another 30 days

If there is no chance in the mediation or conciliation proceeding, what happens next?


The case will be returned to the clerk of court, not to judge, who will undertake preliminary
conference. The clerk of court should try to arrive at settlement for the second time around.

What happens during the preliminary conference proper?


The clerk of court will ask the plaintiff for his documentary evidence. During this time, such
evidence will be marked. The plaintiff will also be asked how many witnesses he will present
and what are the nature of their testimony. He will also be asked how long will he take him to
present his evidence. Finally, the clerk of court will ask about the issue of the plaintiff. The same
procedure applies to defendant. Thereafter, stipulations will be made by the parties. The case
will then be returned to the court which will issue the pre-trial order.

What is the pre-trial order?


It is the recitation as to what transpired in the preliminary conference. It is mandatory. The court
will ask the party whether or not he will avail of the modes of discovery. The party has 10-15
days to file comment or opposition to the pre-trial order. Failure to do so, all that are stated in the
order cannot be changed. Parties may however make reservations to the order.

Is presence mandatory in the pre-trial?


Yes. Failure to attend, the other party will be allowed to present evidence ex parte on the basis of
which judgment will be rendered

What is the effect for failure to submit a pre-trial brief?


The other party will be allowed to present evidence ex parte on the basis of which judgment will
be rendered

Q: Is there pretrial in criminal proceedings?


A: Yes, Rule 118. Both in civil and criminal cases, pretrial is mandatory. Unlike before it was
mandatory only in civil cases but not criminal cases. Under the present rule pretrial is mandatory
in both civil and criminal cases.

Section 1
After the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly
move ex parte that the case be set for pretrial. Hence it is no longer the duty of the court but the
duty of the plaintiff after the last pleading has been filed which is a reply, if reply is necessary. If
no reply is file the plaintiff now can file a manifestation and motion to set the case for pretrial
copy furnished of course.
This motion is not litigated because there is no prejudice to the other party, like motion of
postponement but it is still necessary to furnish a copy of your pleading/motion to the adverse
party.

Q: What is the purpose of pretrial?


A: Under section 2:
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
necessary proof
e. the limitation of number of witnesses
f. the advisability of a preliminary reference of issues to the commissioner
g. the propriety of rendering judgment on the pleadings, or summary judgments, or of
dismissing the action should a valid ground therefore be found to exist
h. the advisability or necessity of suspending the proceeding
i. such other matters as may aid in the prompt disposition of the action

Q: What is the objective of pretrial?


A: The purpose is to expedite the proceeding.

If the plaintiff does not file a motion for pretrial it is incumbent upon the court to set it for pretrial.
So the plaintiff is now given the preference here as to when to set it. But now you dont
immediately hold the pretrial but rather you have what you call mediation and conciliation
proceeding. This is the main amendment to the pretrial rule. You already went to the barangay,
then to the court, the court will still refer you to a pseudo barangay, I call it pseudo barangay
because the conciliators and mediators are not lawyers, some of them are retired court
personnel. But it is not necessary that they have legal background because the objective here is
to help the parties meet and come out with a settlement. Still the objective is to expedite the
proceedings and to avoid trial in court and in effect it would declog the dockets of the court.

Q: If there is no settlement what will happen?


A: They will return to the court, they have the maximum of 30 days to arrived at an amicable
settlement. This 30 day period is extendable to another 30 days and if there is still no settlement
the conciliator will refer the case back to court. Once you go to court you proceed to preliminary
conference, before the branch clerk of court. And what happens in sec 2 of rule 18 that is now
the procedure in the branch clerk of courtmarking of evidence, simplification of issues,
stipulations and admission, naming of witnesses, agree on judicial affidavit etc but before the
clerk of court do that, he would still try to arrived at a settlement.

Q: What is the meaning of judicial affidavit bago yan la pa sa rules?


A: Judicial affidavit is that the parties do agree to have testimonies through judicial affidavit then
submission of affidavits will suffice to constitute the direct testimonies of witnesses subject to
cross examination.

NOTE: Remember that those which have not been marked in the preliminary conference as a
general rule shall not be admitted and those which has not been named as witnesses for the
parties could not testify. After these the branch clerk of court will set a date for pretrial proper.
During pretrial proper, court would again try if settlement can be made. If no settlement, records
in the preliminary conference shall be the basis of the pretrial order. The pretrial order is
mandatory that it can be a ground of new trial on the basis of irregularity, if the court proceeded
without a pretrial order. In the pretrial order it would state the issues, the facts admitted, limiting
the issues kaya pagdating ng trial maiksing maiksi na. but despite of these umaabot pa rin ng
10 years ang mga trial.

Q: Under rule 18 the parties are mandated to be present, what are the effects if a party is not
present?
A: If the plaintiff is not present it is ground for the dismissal of the case, this is not one of the
grounds in rule 16 neither among the grounds under rule 17. In rule 18 non appearance of the
plaintiff when so duly notified, in fact he was the one who set it for pretrial, then he does not
appear and he does not have any representative who has SPA to settle a settlement then the
defendant may move for the dismissal of the case. If the defendant is absent, the plaintiff may
move to be allowed to present evidence ex parte and on the basis of which the court may
render judgment.

NOTE: In the old rule it is a ground for the declaration of a party as in default. Ngayon, as
we were discussing rule 9, WALA NG AS IN DEFAULT ORDER.

RULE 19
INTERVENTION

Distinguish intervention from interpleader under Rule 62


1. Interpleader is a special civil action; intervention is an ancillary action
2. In intervention, the intervenor must have interest in the subject matter; in interpleader, the
plaintiff has no interest in the subject matter

NOTE: In intervention, your interest may be on the subject matter, in favor of the plaintiff, in
favor of the defendant, or you don't in favor of them at all, you're in favor is for your own
because you have an interest in the subject matter.

When does the court acquire jurisdiction over the person of the intervenor?
Upon approval of the motion for leave to intervene

When can you intervene?


GENERAL RULE: Before resolution of the action or before judgment
EXCEPTION: In case of transcendental importance (Pinlac v. CA)

Q: What is the basis of intervention?


A:
1. Interest over the subject matter of the litigation;
2. Interest in the plaintiffs cause;
3. Interest of the defendants cause or lack of interest in both causes of that of the plaintiff and
the defendant.

Q: How will you illustrate these three (3) situation? A filed a case against B for recovery of
parcel of land, accion publiciana. X is intervenor, what may be the 1 st situation on the part of X
who intervened?
A: X is the possession of said land or he may be a tenant or he may be a mortgagee or he may
be an attaching creditor. Having interest on the subject matter.

Q: What about the 2nd ground?


A: X is mortgagor then he has an interest.

Q: 3rd instance?
A: He could have been adversely affected by a distribution or disposition of the property.

X is the true owner of property then the adjudication of the property to A or to B would adversely
affect his right.

Q: If the intervenor is interested in the success of the plaintiff, what should he file?
A: Complaint in intervention

Q: If the interest of the intervenor is in the success of the defendant, what should he file?
A: Answer in intervention

Q: If hes interest is adverse to both plaintiff and defendant what should he file?
A: Complaint in intervention

NOTE: Remember that in intervention, it can only be filed by leave of court. And under the rules
when you file a motion for leave of court you already attached your complaint in intervention or
answer in intervention. But you cannot immediately file your compliant in intervention or answer
in intervention you have 1st to file a motion for leave to admit complaint/answer in intervention
and in your motion attached already the intervention. Then that would be the basis on granting
your motion.

Q: If the motion is granted by the court what happens now? Who will be the plaintiff and
defendants?
A: Depends upon the interest of the intervenor, if he is interested in the cause of plaintiff, he
shall be a co plaintiff and defendant is still defendant. If he is interested in the cause of
defendant, co defendant. But if his interest is adverse to both he is the plaintiff and both of them
are defendant.

NOTE: It must be remembered that the intervenor is an outside party.


Q: How can the court acquire jurisdiction over the person of the intervenor?
A: By that very motion for leave you already submit yourself in the jurisdiction of the court. Take
note of the payment of docket fees. Kailangan ito kasi you are an outsider here. You have to
pay the docket fee especially if you have a claim depending to the amount of your claim.

Q: So the intervenor now files his intervention? When can he file this intervention?
A: Any time before rendition of judgment.

Note: It does not say before entry of judgment, but before RENDITION of judgment.

Yao vs Perello
Q: Requirements of an intervention
A:
a. Legal interest (sec 1 rule 19);
b. Whether the adjudication of the rights of the parties may be delayed or prejudiced;
c. That the intervenors right cannot be protected in a different proceeding;

Note: In the delay aspect here even if it can be proceeded upon or against a separate
proceeding but it would only delay the resolution of the issue then it is incumbent upon the court
to admit the intervention. This is what distinguishes from the doctrine laid down in the Pinlac
case.

You can only file an intervention in a case if it is still within the period allowed by the court but
over and above, you have to establish your legal interest in the intervention, the three (3)
requisites. And it would not cause delay.

Q: What would have happened if Judge Perello allowed the intervention of Yao?
A: It would delay the adjudication of the case. And the fact that the right invoke by Yao is not a
clear right, not distinct and questionable. In an intervention your right must be clear, distinct and
beyond questionable. And it can be threshed out in another proceeding, Yao may file another
action. It will not prejudice him if he files another action.

Pinlac vs CA

Q: Service of summons through publication allowed on the following circumstances:


A:
1. When the whereabout of the defendant is unknown;
2. When the defendant is temporarily outside the Philippines and
3. In extraterritorial service.

Here publication was allowed because there were several parties and by leave of court service
by publication was made because some of the parties whose whereabouts are unknown.

Defective publication because published not in a newspaper of general publication.

SC allowed intervention of the RP when it is against the rule because filed when the case was
already in the CA. SC allowed the intervention because if not allowed it will cause delay and if
allowed it will not delay.

RULE 20
CALENDAR OF CASES

(a matter of reading)

RULE 21
SUBPOENA

Kinds of subpoena
a. Duces tecum - subpoenad to testify
b. Ad testificandum - subpoenad to produce certain document and testify thereon

NOTE: Whenever the subpoena is duces tecum, it is at the same time ad testificandum but it can
be ad testificandum without being duces tecum
Can you quash a subpoena?
Yes, when it is unreasonable

What is the viatory right?


You can quash a subpoena issued against you if your residence is more than 100km away from
where you are going to testify (Sec. 10)

What is the effect for failure to follow the issued subpoena?


Declared in contempt of court hence, can be arrested

RULE 22
COMPUTATION OF TIME

REMEMBER: Exclude the first day and include the last day

RULES 23 TO 29
MODES OF DISCOVERY

What is its purpose?


To expedite the proceeding

How many modes of discovery are there in the Rules?


14 modes of discovery
1. Deposition pending action (Rule 23)
2. Deposition before action (Rule 24)
3. Deposition pending appeal (supra.)
4. Interrogatories to parties (Rule 25)
5. Admission by adverse party (Rule 26)
6. Production of documents (Rule 27)
7. Production of things (supra.)
8. Inspection of documents (ibid.)
9. Inspection of things (id.)
10. Production and inspection of documents (id.)
11. Production and inspection of things (id.)
12. Physical examination (Rule 28)
13. Mental examination (supra.)
14. Physical and mental examination (ibid.)

Rule 23
Depositions Pending Action

NOTE: There is already a pending case. Without a case pending, you cannot avail of Rule 23.
What will apply is Rule 24.

What is a deposition?
A deposition is testimonial evidence

Since deposition is a testimonial evidence, can you offer that deposition as documentary
evidence?
Yes, the copy of the transcript; if you are not offering the evidence as to its content but as to the
facts that a deposition was taken - it is either documentary or object evidence

What is the rule on testimonial evidence?


GENERAL RULE: Testimonial evidence must be done in open court
EXCEPTION: If done outside the court, it is deposition taken either in the Philippines or abroad

If taken in the Philippines, who shall take it?


Those who are authorized to administer oath which includes even notaries public

If taken abroad, who shall take it?


Consular office or members of the consulate

Under Sec. 1, when the court has acquired jurisdiction over the parties to the case,
deposition pending action can be availed of by leave of court. But once answered has been
filed, there is no need for leave of court. Is this correct? Why?
Yes, because since answer joins the issues in the case, so when issues are joined that delimits the
issues in the case, and because the issues are already limited by the complaint and the answer
which had been joined, there is no need for leave of court because the questions to be
propounded in the course of the deposition taking will definitely be limited to the issues as
designed by the complaint and the answer.

Who can be a deponent?


a. Any party to the case; or
b. A non-party to the case

Example: A-E (plaintiff to intervenor). Anyone of them can cause the taking of deposition of any
of them or none of them, say X, who is a non-party.

Who can avail of deposition under Rule 23?


Only a party to the case

Example: X, who is a non-party, cannot avail of deposition

What is the requirement for deposition?


There must be notice to all parties that you are going the deposition of X on a particular period
and a particular place. There must also be stenographic notes.

NOTE: When one takes the deposition of another, he is not deemed to have taken it as his
witness

Suppose Mr. A wants to cause the taking of deposition of B, C, D or E, can he do that?


Yes

Suppose X would like to take the deposition of A, B, C, D or E, can he do that?


No, because he is not a party to the case. Although his deposition can be taken at the instance of
any party to the case, he himself cannot ask for the deposition of the party.

Kinds of deposition taking under Rule 23:


a. Deposition upon oral examination (Sec. 15)
b. Deposition upon written interrogatories (Sec. 25)

Deposition upon oral examination (Sec. 15)


This is testimonial evidence. What happens in court, the same goes with deposition upon oral
examination.

How is it done?
Mr. A would like to cause the taking of the deposition of Mr. X, a non-party, what should Mr. A
do? He must notify all the parties (B, C, D and E) and Mr. X that he would like to cause the
taking of the deposition of Mr. X. In the notice, the following must appear: (1) name of the
deposition officer; (2) nature of the taking of the deposition; and (3) time and place. Once all the
parties are notified, they must be present.

Will the taking of deposition proceed if some parties are absent?


Yes, as long as they have been duly notified

How?
Mr. A, thru his counsel, will ask direct examination questions after which the counsel of B, C, D
or E, if they want to, will undertake cross-examination. Thereafter, Ms. A's counsel will
propound re-direct examination subject to re-cross. All of these will be taken in stenographic
notes. After everything has been taken, the deposition will be sealed in an envelope and will be
sent to the court where the case is pending.

Is this evidence already?


No, that is not yet an evidence

Then what is it?


It only forms part of the records of the case

When will it be considered as evidence?


Following the rules on evidence, it will be deemed as evidence once it is admitted and offered

NOTE: The party who caused the taking of the deposition of another is not bound to have that
party as his witness. (Sec. 7) So, even if Mr. A was the one who caused the taking of Mr. X, the
latter is not yet Mr. A's witness under Sec. 7 of Rule 23. It is only when that deposition is offered
that it becomes evidence for someone who offered it. (Sec. 8)

Uses of deposition (Sec. 4)


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 anyone 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: (1) that the witness is dead, or (2) that the witness resides at a
distance more than one hundred (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

For what purposes are these depositions?


FOR (a) - The deposition is used only to contradict or impeach the testimony of the deponent
FOR (b) - The deposition is used for any purpose
FOR (c) - The deposition is used for any purpose

Illustration of (a): Deposition of Mr. X can be used to impeach the testimony of any deponent
including himself.

Deposition upon written interrogatories (Sec. 25)


Illustration: You must have received copies of the questions. Mr. A will prepare direct
examination questions. He will send that to B, C, D, E, and X. Upon receipt, B-X will prepare
cross-examination questions. Upon receipt, Mr. A will prepares re-direct examination questions
and send to all parties who will also, if they want to, prepare re-cross examination questions.
When all questions are compiled and ready, during the deposition taking, there will be no oral
examination.

NOTE: Parties will eventually presume answers to their questions in order to make cross-
examination questions, etc.

Is deposition under Rule 23 allowed in all cases?


No, deposition under Rule 23 is not allowed in criminal cases. (People v. Webb; Manguerra v.
Risos; Go v. People) While depositions under Rule 23 are not applicable in criminal cases, there
are equivalent provisions under rules on criminal procedure, namely:
a. Rule 119, Sec. 12 (Application for examination of witness for accused before trial)
b. Rule 119, Sec. 13 (Examination of defense witness; how made)
c. Rule 24, Sec. 7 (Depositions pending appeal) (Justice Davide concurring opinion in
People v. Webb)

While Justice Davide cited Rule 24, Sec. 7, Atty. Brondial cited Rule 119, Sec. 15 instead
NOTE: Rule 24, Sec. 7 applies to criminal cases. It is available in all actions, including criminal
cases. (Davide citing Regalado)

What is the difference of deposition in civil and in criminal case?


In civil, deposition taking is before the deposition officer outside the court while in criminal, it is
done in court and before the judge

What are the provisions of the Rule on Civil Procedure which are applicable in criminal
cases?
a. Rule 24, Sec. 7 (Depositions pending appeal)
b. Rule 24 (Davide citing Pamaran)
c. Rule 1, Sec. 6 (Construction) (Justice Davide concurring opinion in People v. Webb)

GENERAL RULE: All issues in the deposition taking are waived if not raised at the proper time
EXCEPTION: Admissibility of evidence is not waived

NOTE: A deposition officer cannot rule on objections unlike trial by Commissioners. The
simply notes them down and only when offered in evidence, that's the time they can rule on the
objection.

RULE 24
DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

When a case is already on appeal, you can still ask for deposition

Where are you suppose to file your deposition taking?


Before the appellate court

For what purpose?


In case of remand to the trial court, the deposition can be used

In case of "before action," there is still no case yet a testimony is already taken?
Yes, because you can foresee that there will be a case

Which court has jurisdiction?


RTC, since this is an action incapable of pecuniary estimation

Where is the venue?


At the residence of the prospective defendant

NOTE: Rule 134 has been transposed to Rule 24

Illustration: Juan Ponce Enrile was able to secure a loan worth Php250M from BDO payable in
25 years. Enrile might foresee that there will be a case against him or against his estate. To
assure, Enrile can ask now for deposition, his own deposition. On the other way around, BDO
can ask for the taking of the deposition of Enrile.
RULE 25
INTERROGATORIES TO PARTIES

A party to the case can prepare questionnaire to the other party which the latter will have to
answer. In case of non-compliance, the one who should prepare the written interrogatories and
did not do so cannot be compelled to testify in court or for his deposition to be taken. (Sec. 6)
The sanction is upon the party who should have prepared the written interrogatories in order to
expedite the proceeding. If the questionnaire is answered, that will be set aside as part of the trial.

During pre-trial, there is already stipulation and admission. How will that go together with
Rule 25?
Said Rule will no longer apply because of the stipulation and admission. So these interrogatories
to parties will be those questions after the fact. This is the second chance to expedite the
proceeding.

RULE 26
ADMISSION BY ADVERSE PARTY

The party who did not ask or request for admission has the same penalty (Sec. 5) as that of Rule
25, Sec. 6.

Illustration: The plaintiff knew that, based on the pleadings, there are certain questions, the
answers to which can be done by the defendant; he has to apply Rule 26. He will ask to admit the
certain facts.

NOTE: Unlike Rule 25, Rule 26 refers to documents

Will there be no conflict between Rule 26 and Rule 8, Secs. 7 and 8 (actionable documents)
considering that in the latter provisions, when a party avails of an actionable document, the
adverse party must deny it specifically under oath, otherwise its authenticity and due
execution is admitted?
No, because what is referred to under Rule 26 are non-actionable documents, otherwise, it is
contradictory kasi para kang kumuha ng bato ipupukpok mo sa sarili mo.

RULE 27
PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS

REMEMBER: This Rule consists of 6 modes of discovery:


1. Production of documents
2. Production of things
3. Inspection of documents
4. Inspection of things
5. Production and inspection of documents
8. Production and inspection of things
NOTE: This is often use in criminal cases, i.e. ocular inspection. Such inspection can be within
or outside the court.

In what rule will exhumation of cadaver fall?


It will fall under Rule 27, not Rule 28, because the cadaver is already an object or thing

Can a living body be examined?


Yes

Illustrations:
a. An alleged victim of rape who narrated how the rapist caught up with her after she
became tired following a chase inside her room. During the ocular inspection of the
room, the defense found that the room was too small to allow the rapist to chase her. The
court can dismiss the case since the victim lied.
b. A person claims to have been hacked that almost sever his body into two. During the
inspection of the wound, it was found out that the wound was just a scar.

RULE 28
PHYSICAL AND MENTAL EXAMINATION OF PERSONS

NOTE: Tie this up with privileged communication (Rule 130, Sec. 24), particularly the
relationship between a doctor and his patient.

When is there a waiver under Sec. 4?


The basis of Sec. 4 is Sec. 3

It is not between the doctor and the patient but between the patient and another doctor

Illustration: A vs. B. A wanted a physical or examination of B by Dr. X. Between B and Dr. X,


there is privileged communication. This relationship is not the one being waived under Sec. 4
because there is no longer privilege considering that it is by order of the court. The
examination of B by Dr. X is at the instance of A. Who is entitled of the medical report by Dr.
X? It is A because it is he who wanted B to be examined, so the medical report must be given to
A. If B would like to get a copy of the medical report and it is given to him, then, to level the
playing field, any examination conducted upon B by other doctors like Dr. Y, the privileged
communication between them is waived, because B asked for the result of his own examination
when he is not entitled to that report. So, A must also be given a chance to see the medical report
of Dr. Y to B.

RULE 29
REFUSAL TO COMPLY WITH MODES OF DISCOVERY

What are the effects?


First. That which is sought to be admitted is deemed admitted
Second. Ask for damages
Third. The non-compliant party may be cited in contempt
Fourth. The non-compliant party may be arrested

RULE 30
TRIAL

REMEMBER: For purposes of the bar, more questions may be asked in Rule 119 (in criminal
cases) than in Rule 30 (in civil cases)

Notice of trial
- The parties must be given at least 5 days

Grounds for the postponement of trial:


a. Unavailability of evidence or absence of evidence
b. Illness of counsel or party

NOTE: You must provide certificate for this ground, i.e. medical certificate, to support your
ground

Order of trial vs. order in the presentation of evidence


In the order of trial, starts with the prosecution, or plaintiff, then defendant, co-defendant, 3rd or
4th party defendant, then the intervenor. In the presentation of evidence, direct, cross, re-direct,
re-cross.