Sie sind auf Seite 1von 40

fDEAN ALBANO § YES.

Because the award for the same is proper for the


REMEDIAL LAW court to do, because regardless of the amount of rental,
CIVPRO AND SPECPRO it is the MTC which has jurisdiction for an action for UD.
§ The amount of rental is only INCIDENTAL in an action
SATURDAY LECTURE – September 17 for UD.
o Example: Sum of money case. You are asking for 200k. You are
JURISDICTION also asking for MD (300k), 400k (ED). So, total of 900k. Will you
- Power to hear and decide the case use the totality rule?
- Where does that power to hear and decide the case come from? § Do not use the totality rule
o It is conferred by law § The main action is based on the sum of money which is
§ Constitution 200k.
• Outlines the jurisdiction of the SC § It is the MTC which has jurisdiction
§ Other laws § Exclusive of the amount of damages
- Venue § You only compute damages if it is the principal action.
o May be conferred by the agreement of the parties o Jurisdiction of the court cannot be determined by the defense
- PHILIPPINE INTERNATIONAL TRADING CASE § Ex. Somebody filed a complaint for sum of money in the
o There was a shipping from Singapore by a GOCC. There was a MTC for 200k. Defendant filed a counterclaim for 1M.
contract of carriage between PIT and MBC (carrier). But in the Should the MTC dismiss the case?
contract of carriage, it provided that the case shall be brought to • NO. Because what determines jurisdiction are
the proper courts of SG which shall have EJ. When the goods were the allegations of the complaint, not the
delivered to the consignee, there was damage and losses. There defense of the defendant.
was a complaint for damages filed before the TC of Makati. MBC • Otherwise, it would be very easy for the
filed a MD saying that it should be filed in Singapore. defendant to fie a MD based on LJ.
o RTC: § Ex. Allegations in the complaint. You filed libel.
§ Granted MD because of the contract • PEOPLE VS CITY COURT OF QC
o SC: o The penalty for libel is only 6y (PC).
§ Went to the SC directly on the question of law So, it was filed in the MTC.
§ Issue: W/N it is proper to dismiss the complaint based on o SC:
contract § SC said that it is wrong
§ MD is NOT proper! Jurisdiction cannot be conferred by because it is the RTC
the parties which has jurisdiction
§ Jurisdiction can never be subject to agreement • ESTEBAN VS PEOPLE
§ Under the civil code, one of the things that cannot be o Libel case filed against comelec
subject to compromise is jurisdiction chairman. Salary grade 31. Filed in
o If you were the counsel, how would you argue in favor of the MD? the SB. Allegation said that the libel
§ Argue that there is a contract and under the principle of was in relation to his office. That if
mutuality of the contracts, you have to comply with the without that public office, he would
contract not have been able to do it.
o Venue can be the subject of an agreement, but jurisdiction cannot. o SC:
o Venue is a procedural matter, but jurisdiction is a QL. § It should be filed in the
o Venue is waivable if not invoked in MD, but jurisdiction cannot be RTC
waived. § Wrong that it was filed in
o Silently, the examiner is asking you to make a distinction between the SB
venue and jurisdiction. o Jurisdiction can be raised even for the first time on appeal. Even if
- How is jurisdiction determined? you do not raise it in a MD, it cannot be waived.
o Determined by the allegations in the complaint § E: TIJAM
o Example: If there is no payment of the rentals for the last 10 o RECLETA VS BATAYAN CASE
months, there is now a demand for you to pay and vacate. Unlawful § There was a petition for the probate of the will. There was
detainer. Praying for rental of 10M and to vacate. Can the MTC no allegation of the GV of the estate. The MTC has
award 10M?

Dugs DEAN ALBANO REM 1


jurisdiction over settlement of estates but you have to o PEOPLE VS CA
allege the GV of the estate § The principle that you can remand is not applicable in
§ SC: criminal cases.
• Heir moved for the dismissal of the case in the § If ever it was filed in the RTC, but because of the
SC saying that there was no allegation of the expansion of the jurisdiction of the MTC, it cannot be
GV of the estate in the complaint hence there remanded to the MTC.
was a jurisdictional defect - DOCTRINE OF JUDICIAL STABILITY
• SC dismissed the case for LJ o No courts of equal grade can interfere or enjoin with one another
• The court can even MP dismiss it if there is LJ. o Principles behind it:
• But Tijam case is not applicable here since it § There should be an end to the suit
is an exception to the rule. They recognized § Administration of justice
estoppel as an exception to the rule, because o Exception:
in Tijam, there was already a final and § « SANTOS CASE
executory judgment. He participated in the • There was a judgment that was rendered by
proceedings for 15 years. He only raised the the NLRC. There was a claim for sum of
issue of jurisdiction after the case was already money arising from ER-EE relationship. The
final and executory. judgment became F&E. Writ of execution.
• Tijam doctrine is not applicable here because Sheriff levied upon the property in possession
it is still a pending case. of the respondent. However, the property
- ADHERENCE TO JURISDICTION actually belonged to another person.
o Once jurisdiction is conferred, it cannot be lost. • If you were that person who owns it, what
§ E: if there is a law that repeals or amends the law would be your remedy?
RD
o Ex. Rule 47 of the ROC. Under the old law, it is the RTC which has o File a TERCERCIA or 3 PARTY
jurisdiction to annul its judgment. Under the new law, if there is an CLAIM
action for annulment of the decision of the RTC, it is the CA which o The sheriff cannot possess the
has jurisdiction. The provision was given retroactive effect. If ever property unless a bond is posted
there are pending cases in the RTC, the RTC has to forward the • But the sheriff of the NLRC disobeyed and
case to the CA. The RTC was divested of its jurisdiction because scheduled it for sale.
of the law. • The owner of the property went to the RTC of
o Ex. Expansion of the jurisdiction of the MTC. For as long as the Manila and filed an action for replevin + PI and
case has not yet reached the pre-trial stage in the RTC, then that TRO. The judge of the RTC issued the TRO.
case that was filed in the RTC should be remanded to the MTC The sheriff was then ordered imprisoned. The
because the RTC was divested of its jurisdiction. sheriff contended that the RTC cannot issue a
o Ex. If the law was declared as unconsti or repealed, can it still TRO because of equality between TRO and
exercise jurisdiction? NLRC.
§ Criminal case was filed against Mr. A. The law under • SC:
which he was charged was declared unconsti. Will the o This is an exception to the rule
rd
court continue having jurisdiction? o If there is a 3 party claim, even if
• NO. Because if the law has been repealed or the courts are of equal jurisdiction,
declared unconsti, there is no more law, no the court can interfere.
more crime, no more criminal. Nullum poena o Reason: judgment is only binding
rd
sine lege. between parties. Property of the 3
- Expansion of the jurisdiction of the MTC person cannot be made to answer
o Provided that the case has not yet reached the PT stage, the RTC for the obligation of another.
should remand it to the MTC – but only in CIVIL CASES Principle of due process applies.
o When does the case reach the PT stage? - Complaint for sum of money
§ The moment the reply is filed. o Use the totality rule
§ Suppose o Ex. I will pay you the amount of 100k per month. There is an
acceleration clause. Will you use the totality rule?
§ Yes. You have to put it in one complaint.

Dugs DEAN ALBANO REM 2


§ If you do not, it will be splitting of COA. o It action to enforce the right to
§ If there is splitting of COA, the effect is that it can be repurchase the property is IPE
dismissed either on the ground of LP or RJ. o Hence, it is the RTC which has
o What about if there are damages? jurisdiction
§ If the damages are incidental, do not include it in the - Jurisdiction in criminal cases
computation. o Illegal recruitment
- Unlawful detainer cases § Ex. IR from Davao. The Illegal recruitment was
o There is a complaint for UD. With prayer for damages and unpaid committed in Manila. In what court will you file the case?
rentals. If you were the judge, would you award all the prayers? • Choice between Davao and Manila because of
§ ü award 10M unpaid rental because it is only incidental RA 8040 (migrant worker’s act)
to the action of UD • Purpose: To protect the interest of the victims
§ X award damages and unpaid water and electricity bills of IR.
because they are not incidental to the main action. They
should be awarded in the appropriate action.
- Title to or possession of property BARANGAY CONCILIATION
o Allegation of the AV of the property - This is a condition precedent
o If you do not put the AV - Because if you do not comply with it when required, it may be subject to a MD
o BSP CASE – failure to comply with a condition precedent
§ Complaint for recovery of possession and ownership of - Example:
property. There was no allegation of the AV in the o UD
complaint. But there was a tax declaration attached to o Sum of money
the complaint wherein the AV was there. Should the case - But you have to be residents of the same city or municipality or same
be dismissed based on LJ? barangay or adjacent barangays
§ SC: - If you do not file a MD, then it is thereby waived
• NO! - CASE
• MD denied o Although it is mandatory, it is not jurisdictional
• As a rule, for purposes of determining the o Because if you do not raise it, then it is considered as waived
action for recovery of property, the AV should - Ex. A filed a complaint against B for sum of money for 10M. They are
be alleged in the complaint residents of the same barangay. There was a compromise agreement.
• However, if there is an annex in the said Judgment based on compromise. It can be executed. You can go to the MTC
complaint which indicates the AV of the to have it executed. The amount is immaterial because the subject matter is
property, then the jurisdiction over the SM can already the judgment based on compromise.
be determined. - Ex. The parties entered into a compromise in the barangay. There was no
• There is substantial compliance with the compliance. Hence, you should enforce it in the form of a complaint. The
requirements of the law amount is immaterial. It is the MTC which has jurisdiction because under the
o CASE LGC, if there is a judgment based on compromise, it can be executed in the
§ The AV of the property was in the deed of sale attached barangay or the MTC.
to the complaint. - Ex. A filed a complaint against B for recovery of possession and ownership
§ ü substantial compliance of property in the city of manila with AV for 1M. There was a compromise
o Partition case agreement in the barangay. There was a violation of the compromise. Hence,
§ AV of the property should be alleged A filed a case with the MTC for enforcement of the judgment based on
o Sale of property with right to repurchase compromise. It is the MTC which has jurisdiction regardless of amount.
§ « BAUTISTA CASE Jurisdiction is conferred by law
• What if the vendee a retro refused to resell the - CHAVEZ CASE
property within the period wherein you can o There was rental for 1M/annum. Under the provisions of that
exercise your right to repurchase? Complaint contract of lease, if ever there is a typhoon or the facilities of the
to enforce the right to repurchase the property. building are destroyed, the lessee should bear the repairs. The
What court has jurisdiction? lessee did not. The lessor refused to refund. Labo ng facts.
• SC: Compromise agreement. But there was no compliance. The lessee
o The AV is not material went to the RTC and filed a complaint for sum of money for 700k.

Dugs DEAN ALBANO REM 3


MD was filed by the lessor saying that it should be the MTC which - LIMERY CASE
has jurisdiction since it is an execution of the compromise o The most important of 3 elements of COA is violation of the right
agreement. - BAUSTISTA CASE
o SC: o There was a conjugal property. The husband sold it without the
§ The lessor violated the terms of the compromise consent of the wife. After selling the property to brothers, the
agreement. husband died. After the death of her husband, the wife found out
§ Remedies: that the property was sold without her consent. The widow filed a
• Ask for execution of the compromise or complaint to recover the property from the brothers-in-law.
• Abandon the compromise and proceed with o SC:
the original complaint § It is the husband who violated the right. He is dead
§ The act of the lessee filing the complaint for sum of already.
money is an act of abandoning the compromise § She has no COA against her brothers-in-law.
agreement and proceeding with the original case § Hence, the bros-in-law are not liable to her.
§ Hence, the filing of the case was properly filed in the RTC § It is the husband who is liable to her
§ No need for rescission of the compromise agreement. By o Q: If you are the counsel of the wife, what will you advice her
the mere act of filing the case for sum of money, there to do?
was already abandonment of the compromise § I would advice my client to file a testate/intestate
agreement. proceeding
- No need for barangay conciliation in the following: § File it against the estate of the husband
o File case with provisional remedy § It is a contingent claim against the estate of the husband
o Involving public officers - SPLITTING OF COA
o Etc. o If there are many COA arising out of the same series of
transactions and there is common question of facts and law. There
How are rules construed? is common question of facts because the evidence for 1 action will
- It depends upon the rules you are construing be the same for the other actions.
- ROC – liberal o Ex. Loan in the amount of 10M. Payable for 10 months. There is an
- Summary procedure – restrictive acceleration clause. You failed to pay 1. Can you file a complaint
o If you liberally construe cases for summary procedure, it causes against me?
delay § For every month, there is a separate COA. So 10 COA.
- Aims: § But since there is an acceleration clause, it should be in
o Speedy disposition of case 1 complaint only,
o Ex. Suppose the creditor sued you for 5M. But the PN is for 10M. If
you were the counsel, what would be your advice to your client?
RULE 2 § Have yourself be declared in default
§ Default is not an admission of liability. It is a procedural
COA device.
- What is a COA? § Since you are on default, the court will award 5M
o It is a wrong that causes damage to another damages. The creditor cannot prove more than what was
o Because if there is no damage, it is damnum absque injuria since alleged in the complaint.
there is no violation of a legal right § The court can no longer award the remaining 5M
- COA because the judgment has become F&E. The creditor
o 3 words to remember: cannot file another 5M case because it will amount to
§ Right splitting of COA. It will be dismissed based on RJ or LP.
§ Duty o CASE
§ Violation § Case for annulment based on PI. Case was dismissed.
- Ex. I borrowed money from you. I’ll pay you on December 4. Can you demand Another case was filed on the ground of lack of marriage
for payment today and if you do not pay today, I will file an action tomorrow. license. Husband file a MD based on RJ.
Is there a COA? § SC:
o NO. • ü RJ

Dugs DEAN ALBANO REM 4


• The ground for declaration of nullity based on • If the rescission will be granted, then there is
lack of marriage was already existing when something to divide.
she first filed the case based on PI. • You might as well resolve them in the same
• ü splitting of COA = ü RJ proceeding because it will prevent multiplicity
o Why is splitting of COA prohibited? of action
§ Because if it is allowed, the court is in effect allowing the PARTIES
delay in administration of justice - Natural. Juridical, partnership, corporation
§ There will be over flooding of the already over flooded - A partnership and corporation has its own separate personality. But a sole
courts proprietorship, does not have its own personality. So, if ever you sue, you sue
o As compared to CRIMINAL PROCEDURE the sole proprietor and not the sole proprietorship.
§ Issued 5 checks. BP22 case. Each check = separate - INDISPENSABLE PARTY
case. o Indispensable party is one who must be impleaded in the action
§ Remedy for duplicitous information? because without whom, there can be no final determination of the
• File a motion to quash rights of the parties
• But if there is no motion to quash, it is waived o If he is not impleaded, the judgment is void as to all parties
and you can be convicted of as many crimes o SALVADOR VS RTC
as alleged § ABC are co-owners of a RP. A filed a complaint against
- COMPLEXING OF COA/ JOINDER OF COA B for partition. Is C an indispensable party?
o Ex. I borrowed money from you in the amount of 1M. But you are § SC:
to recover property from me not exceeding 50k. • YES.
o SC: • Because everybody is an IP in an action for
§ Even if one is in the jurisdiction of the RTC and the other partition
is in the MTC, you can complex them • Without C, there can be no final determination
§ File it in the RTC of the action
§ This is to prevent duplicity of actions between the same • The judgment will be void against ABC and if
parties C is not impleaded
o Ex. I owe you 400k. We are residents of the city of Manila. But you o POSTON CASE
are to recovery from me property for 100k. Can you complex them § A and B married. They entered into a contract bounding
in the RTC themselves solidarily to pay X. But in the meantime, A
§ YES. died. Are solidary co-debtors IP?
o GR: But there is one condition, that if one of the action is governed • NO.
by special procedure, • Because any one of them can be made to
§ Ex. I owe you 1M. I am in possession of your property as answer the liability without prejudice to the
a lessee. Case for UD. Can you complex them? right of reimbursement
• NO. Because UD is a special procedure. • The estate of A who died is not even an IP.
o E: « NAGA VS BAYLON o Is misjoinder or non-joinder of IP a ground for dismissal?
§ ABC are owners of RP. A filed a complaint against B and § NO.
C for partition. Summons was served. Answer was filed. § Ex. A and B are solidary debtors. Creditor filed a case
There is nothing to partition because the property was against A only. A filed a MD on the ground of failure to
donated the property. A supplemental pleading by Mr. A implead an IP. If you were the judge, how would you rule
was filed for rescission of the deed of donation because on the MD?
of the fact that since he is not a party, he can only file an • Deny the MD.
action for rescission. Mr. B and C reacted saying that it • Misjoinder or non-joinder of a party is not a
cannot be complexed in one and the same proceeding. ground for dismissal, because the court can
Partition is governed by special rules. Recision is even order the adding or dropping of parties.
governed by regular rules. • HOWEVER, if the plaintiff fails to comply with
§ SC: the order of the court adding the IP, it can be
• This is an EXCEPTION TO THE RULE then be dismissed on the ground of failure to
• Because one is an incident or necessary comply with the order of the court (Rule 17).
consequent of another

Dugs DEAN ALBANO REM 5


- REAL PARTY IN INTEREST already sold her right and it was assigned to the law firm.
o BARCELONA CASE The RTC ordered the law firm to refund it to the wife
§ ABC are co-owners. They leased a property to Juan DC. despite the sale. An action for certiorari was filed.
Juan did not pay. UD case against Juan DC. Can A sue § Issue: is the law firm a RPI?
Juan DC alone for UD? § SC:
• YES. • The law firm is a RPI because it was the one
• Co-owners in an action for UD are not IP. They required by the courts to refund to the wife the
are only RPI. amount of allowances.
o Ex. ABC corporation. You are one of the SH of the corporation. • This is the exception to the rule that a
Properties of the corporation were attached. There was an transferee pendente lite is not a RPI.
improvident attachment of the properties since the attachment was - DEATH OF PARTY
not proper. There was a complaint for damages against who o A filed a complaint against B for sum of money. During the
attached the properties by a SH of the corporation. Is the SH of the pendency of the action, B died.
corporation a RPI? o ACTIONS THAT DO NOT SURVIVE
§ NO. § What is your duty as the counsel?
§ X RPI • To inform the court of the death of your client
§ It is the corporation that is considered the RPI because • Provide the court with the names of the heirs
the claim of the SH over the property of the corporation of the deceased
is a mere inchoate right • Then file a motion for substitution of parties to
- NECESSARY PARTY comply with due process
o GR: Ex. Transferee of a property pendente lite is a NP. § Thereafter, trial will be conducted.
§ A filed a cause against B for recovery of possession and § The judgment will become F&E. But it cannot be
ownership of the property. But pending the case, B executed against the executor. It should be filed against
transferred the property to C. the estate.
• C is not a RPI. o ACTIONS THAT SURIVE
• He is a mere NP. § JB CASE - SULPICIO LINES CASE
• Is there a need to amend the pleading to • One of the passengers survived. There was
implead the NP? damage that was done. Filed a case against
o NO. sulpcio lines for damages. In the meantime,
o Because the RPI is still B. the fellow died. Can the action proceed?
o His right is dependent on the rights o This is an action that survives hence
of B (transferor) you cannot file an action against the
o If B loses, C is considered a buyer estate
in BF § Actions that survive
o If B wins, C will win also. • Action for damages because of negligence
o What is the effect of failure to implead a NP? • Action to recovery RP
§ X ground for MD • Action to recover any property
§ The only consequence is that you will lose your right = X claim against the estate
against the NP but it will not cause the dismissal of your § Actions that do not survive
action • Actions for money not yet filed in court
o E: MONTECILLO CASE • Expenses for last illness
§ Law firm was representing the wife in a case for • Funeral expenses
settlement of an estate. During the pendency of the = have to be filed in the testate/intestate
action, the wife sold her right over the estate of her proceedings
husband (decedent). Mr. X bought the share of the wife - CLASS SUIT
pendente lite. X assigned it to the law office. Thereafter, o OPOSA CASE
there was an award of allowances in favor of the wife. § Group of students filed a suit to stop the illegal logging of
So, it was the assignee law firm which got the trees
allowances. The wife questioned it saying that it should § SC:
be refunded to her. The law firm refused saying that she

Dugs DEAN ALBANO REM 6


• Intergenerational responsibility to conserve § It is a real action – because it involves rights over said
and protect the forest in order to protect the property
ecology § File it in the case where the property is located
• E: If there is an agreement to the contrary
VENUE o What if there is a deficiency? Where do you file the complaint for
- Personal action sum of money?
o Plaintiff has the option on whether it is in his residence or residence § Personal action
of the defendant § Filed in the residence of the plaintiff or defendant at the
o Venue is intended for the convenience of the plaintiff option of the plaintiff – manila or Makati
- Real action - DAVAO LINE CASE
o Where the property is located o Davao Line business is in Davao. You are a supplier of equipment
o UD located in Davao. Davao Line did not pay obligation despite. Sum
o Foreclosure of property of money filed in Davao. MD based on improper venue. It turned
o Accion interdical out that the principal office of Davao is in Cebu as stated in the AOI.
o Actcon reinvidecatoria o SC:
o Action for ejectment § Venue is in the city of Cebu because it the prinicipal
- Corporation office the corporation is located in Cebu
o Look into the AOI § Unless, there is an agreement that it can be filed in
o The AOI provides for the residence of the corporation/principal Davao
office of the corporation - SPOUSES GREGOR CASE
- Ex. A borrowed money from B. Both of them are residents of Manila. What is o There was a sale of MV. The contract of sale was executed in the
the proper venue? city of Pasig. The sale was an installment sale. In the contract of
o In case of silence of the contract, venue is in manila sale is provision which states that the suit can only be filed in Pasig.
o What if the defendant is a resident of QC? In order to secure the payment of the balance, there was a contract
§ Yes. Plaintiff can file the case in QC if it is more of mortgage. There was provision in the mortgage contract
convenient for the plaintiff whereby it was stated that actions shall be brought in any place
§ Unless there is an agreement between the parties where the seller has a branch office. The buyer filed the suit in the
- MASTER CONGLOMERATION CASE branch office in accordance with the mortgage contract. MD on the
o Agreement is that if there is any action to be brought, it shall be ground of improper venue.
brought to the city of tacloban. o SC:
o Shall means that is in mandatory § Deny MD
o But in an agreement as to venue, the word shall is not mandatory. § There was a conflict between the principal and
It is not exclusive accessory contract
o The word shall should be accompanied by a word that shows that § If there are several provisions of a contract and there are
it is exclusive such as: conflicting provisions, they shall be construed as a whole
§ Shall ONLY be brought § Under the doctrine of complementary contracts be
§ Shall be brought to city of manila to the EXCLUSION of construed together, venue is proper in the City of Manila
all other courts because you have a branch office there.
- Can there be MP dismissal based on wrong venue? § The principal contract and the accessory contract should
o NO. There cannot be MP dismissal be construed together. The latter shall prevail as against
o Venue should be objected to the former.
o There must be a motion to dismiss based on improper venue - ARANETA CASE
o If it is not raised, it shall be considered as waived o Araneta is resident of forbes park in Makati. There was personal
- BPI SAVING BANK VS YUJUICO action filed against an heir of Roberto in the court of Batac. Robert
o Principal office of BPI is in Makati. A borrowed money from BPI. A is also a resident of Makati. MD on the ground of improper venue
executed a REM over a property located in Manila. There was saying that Araneta is not a resident of Batac.
failure to pay. Demand. No Payment. Foreclosure of the REM. If o Plaintiff Araneta thus amended the pleading because the
you were the counsel for the creditor, where will you file the petition amendment was still a MR. A motion to dismiss is not a responsive
for foreclosure of REM? pleading. Hence, amendment is still a MR. She impleaded 3 people
who are relatives of Araneta who are living in Batac.

Dugs DEAN ALBANO REM 7


o SC: • MTC is wrong!
§ ü dismiss based on improper venue • The only issue in UD is possession.
§ If there are several parties, determine who is the principal • Hence, the case is not suspended because of
plaintiff – who has controlling interest the case involving the issue of ownership in
§ Venue is in the city of Makati the RTC.
§ The 3 people who were impleaded only have minimal • They can be decided independently of one
interest another
§ This is an IO. What is your remedy against an IO?
ROC VS SUMMARY PROCEDURE VS SMALL CLAIMS Can it be the subject of an appeal?
- ROC • NO!
o Complaint • X 65 also.
o Answer • X MR
o Reply
• File a notice of appeal.
- Summary Procedure
• Appeal is proper but they shall treat it as
o Complaint
special civil action for certiorari (65)
o Answer
- Small Claims • Only the SC can do this. It can promulgate the
o Complaint rules and “un-promulgate” the rules. Hahaha!
o Reply • ««« DOCTRINE OF PROCEDURAL
- BELUZ VS CA VOID!!!
o In ordinary ROC, when there is an actionable document, you have o If the law does not provide for a
to file a reply under oath specifically denying it. remedy of appeal, convince the
o But you cannot file a reply in the rules of summary procedure, court that you are entitled to Rule
hence it is deemed to be controverted. 65. Show that there is GAD.
- SUMMARY PROCEDURE o In order to correct that error or GAD
o Prohibited motions in summary procedure amounting to L/EJ, appeal can be
§ X MR the proper remedy but it shall be
§ X extension of time to file an answer treated as 65.
§ X M. default o « ABTAL VS SANTOS CASE
o The only rules that you can file prior to answer: § Case for UD. Defective substituted service of summons
§ MD based on LJ over the SM because it was not in accordance with the rules. There
§ MD based on failure to comply with barangay conciliation should be strict compliance with substituted service of
o X file motion to declare defendant in default summons. Defendant did not file an answer. Judgment
§ 2 options: was rendered MP by the court. Lawyer also did not
• Render judgment MP on the basis of the appeal. Judgment became F&E. After the judgment
allegations in the complaint or became F&E, he filed petition for relief from judgment
invoking violation of due process.
• Motion to render judgment on the basis of the
§ SC:
allegations in the complaint
o X file 65 for IO • The RTC has jurisdiction that can act for
o X file MR against judgment petition for relief from judgment
o « AZUCENA CASE • The PRJ is proper because we are treating it
§ There was a case for UD in the MTC. The case for UD as a SCA for certiorari (65)
was filed by Azucena against the lessee for failure to pay
the rentals despite demand. Defendant filed a case for KINDS OF PLEADINGS
declaration of nullity of title of Azucena Co in the RTC. - COMPLAINT
The plaintiff in the RTC moved to suspend the civil action o Pleading where you allege your COA and ask for reliefs whether it
for ejectment in the MTC because of a pending case be cumulative or alternative
involving the title in the RTC. The MTC suspended the - ANSWER
action. o Is a pleading which contains your defenses, whether negative or
§ SC: affirmative

Dugs DEAN ALBANO REM 8


- REPLY o If you do not comply with the order to verify à ü dismiss based on
o Pleading where you controvert new matters alleged in the answer failure to comply with order of the court
o If ever there is an actionable document which is the basis of o *Legal forms: Prepare a CNFS
evidence in the answer, it should be denied under oath otherwise - IGLESIA NI KRISTO VS CA
it shall be considered as admitted o There was a mother of this 2 kids. Filed a complaint to recover
§ E: In the rule of summary procedure, because reply is property from Iglesia ni Kristo. The mother was the only one who
prohibited filed the CNFS. MD was filed for failure of the others plaintiffs to
- COUNTERCLAIM sign the CNFS.
o Claim of a defendant against a plaintiff o SC:
o Plaintiff is the defendant in the counterclaim § ü substantial compliance
- PERMISSIVE VS COMPULSARY CC - May the lawyer sign the certificate of CNFS?
o If you do not invoke the PMC à it is not waived o GR: NO, because the lawyer has no PK of facts and circumstances
o If you do not invoke CC à ü waived of the case. It should be the party who should sign it.
o Example of PMC § E:
§ It can be prosecuted independently from the main action • SPA and he has personal knowledge of facts
§ UST HOSPITAL CASE and circumstances
• There was a man and woman. Married. - HOW DO YOU PLEAD?
Woman gave birth. Child was born immature. o Fraud
So the child was left in the hospital to be § specifically
incubated. The spouses filed a case for o Judgment
negligence against the hospital because the § Copy the judgment
child fell. o Law
• So, the hospital filed a counterclaim saying § Copy the law
that the spouses have not yet paid hospital § Indent it so that it can be easily seen
bills. o Actionable document
• This is a PERMISSIVE CC because it is § Ex. There is a PN. This is the basis of that action for sum
independent of the main action. It can be of money.
prosecuted in a separate action. § Quote it verbatim or
o Example of CC § Attach it
§ Moral and exemplary damages § How do you deny the due execution and
§ If not invoked, considered as waived genuineness of actionable document?
rd
- 3 PARTY COMPLAINT • Specific denial under oath
o A vs B but B has a claim against C. • If not denied under oath or merely a general
o Since C is not yet impleaded as a party. denial, the genuineness and due execution
- CROSS CLAIM are deemed admitted
o A vs B & C but B has a claim against C. • Hence, if deemed admitted, you cannot allege
o Since C is already impleaded as a party. falsification or forgery
o « KABIT SYSTEM CASE o MAUNLAS SAVING AND LOANS BANK CASE
§ You are a franchise owner of taxis. You have 100 units. § The defendant contended that he is not liable despite
You are letting other persons use your taxi franchise. admitting the genuineness and execution of the
There was a car accident. document. He contended that it is true that he signed the
§ Under the registered owner rule, it is the registered document and that the amount is 1M but what was given
owner who is responsible. to me as evidence is this check. I have not encashed the
rd
§ File a 3 party complaint against the operator/registered check. This is still the check. Hence, the contract of loan
owner has not yet been perfected since the amount of money
§ Nature of liability under the Kabit System: Solidary has not yet been delivered.
liability § SC:
- If there is no verification à it is only a formal defect à it may be cured • Correct!
o X ground for dismissal of action • Because he is only admitting the genuineness
o You will only be required to verify it and execution of the document

Dugs DEAN ALBANO REM 9


• He is not admitting that he is liable RULE 9
• Since he is still in possession of the check, the - EFFECT OF FAILURE TO PLEAD - DEFAULT
contract is not yet perfected o Default
- KINDS OF DENIAL o A filed a complaint against B. No answer was filed. He was
o Disavowal of knowledge declared in default.
§ That the defendant has no knowledge as to the truth of o Is it possible for the court to declare a defendant in default MP?
matters alleged in the following projects § NO.
o Specific denial § There must be a motion filed by the plaintiff to declare
§ Resort to disavowal of knowledge must be in GF the defendant in default
o Negative Pregnant o The defendant must be notified when there is a motion to declare
§ If you are a party to the contract and you are saying that him in default to comply with due process
you have no knowledge of the contract, then you are in - CARLOS CASE
BF. o What if there is a defective substituted service of summons?
§ Denial pregnant with admissions o Defective substituted service of summons. There was a judgment
§ Admission in denial of default. Opposed it saying that he never received the copy of
o REPUBLIC VS SB summons. The signature on the proof of summons is only of his
§ President Cory issued EO 1 creating the PCGG. The daughter of 6 years old. The person who should receive the
purpose is to look for ill gotten wealth and to sequester substituted service of summons should be a resident and of
the ill gotten wealth of the Marcos family together with sufficient age and discretion.
their cronies. § ü proper objection
§ Senator Salonga, defendant of the PCGG, went to § X proper judgment of default
Switzerland and found that there were several - In the old ROC, there could be ex parte declaration of default. Now, it is not
foundations and corporation created by cronies of allowed.
Marcos. Amount of 658 million dollars was deposited. - WHAT IS THE REMEDY OF THE PERSON DECLARED IN DEFAULT?
§ There was a certification from government that his o It depends upon the stage of the proceedings
legitimate income was only 203k dollars. Hence, if you o Prior to judgment
have income above this, there is a presumption that such § à file motion to lift order of default + affidavit of merits
income is ill-gotten. containing good and valid defenses
§ There was a complaint for accounting and o After judgment
reimbursement. § MNT
§ Defense of Marcos: That they do not have knowledge • NDE
as to the truth of the matters in the allegation. • FAME
§ PCGG: Filed a motion for summary judgment § Appeal
§ SB: denied the motion for SJ § PRJ
§ SC: § Petition for annulment
• The motion for SJ should have been granted § Rule 65 if there is GAD amounting to L/EJ and there is
• The disavowal of knowledge was in BF no other plain and speedy remedy available
because the Marcoses were signatories of the - EFFECT OF DEFAULT
- AOI of the corporation o You lose your right to present your evidence
• Hence, it shall be considered a negative o But you are still entitled to copies of the orders and resolutions of
pregnant – it is pregnant with admissions that the court
they created the corporation and deposited the o You are even entitled to the copy of the judgment because you can
said money avail of the remedies abovementioned
o Default is frowned upon by the court
- CATHAY PACIFIC CASE - JUSTICE B.
o There was an action filed against Cathay Pacific Airways. But it did
not file an answer immediately. There was a motion to declare the
defendant in default. There was then a motion to lift the order of
default. There was no order yet. The judge denied the motion to lift
the order of default and answer.

Dugs DEAN ALBANO REM 10


o SC: - What if there was an acceleration clause but you only alleged 5k instead
§ Omnibus motion to lift order of default and admit the of 10k, what will you do?
proposed answer o File a motion to amend the pleading since the whole obligation is
§ Before you file an answer, you must first first file a motion already due and demandable
to lift the order of default. Without doing this, you have - SUPPLEMENTAL PLEADING
no personality to file the answer. o If the obligation is not yet due and demandable
- HEIRS OF MANGCAD CASE - AMENDED PLEADING
o A B and C obligated themselves to pay the debt to X. Failed to pay. o If the obligation was already due and demandable
There is a common cause of action against them. There was a - When is amendment MR/MD?
motion to declare defendant in default. A was in default. If you were o Matter of right
the judge, would you allow the default against all of them? § Before service of the responsive pleading (answer)
o SC: § File an omnibus motion for leave to file an amended
§ After the granting of the motion to declare defendant in pleading and attach the amended pleading already
default against A, proceed with the trial for the non- o Matter of discretion
defaulting defendant until judgment § After service of responsive pleading (answer)
§ If the judgment is in favor of the non-defaulting - Can you amend the pleading to change your COA?
defendant, it shall inure to the benefit of the defaulting o Yes, it is possible.
defendant o « WGMA VS PTA
- CASTRO CASE § WGMA has been occupying of the north harbor. There
o Judgment was in favor of non-defaulting defendant. The defaulting was contract of lease of the north harbor. There is a
defendant moved for the execution of the judgment. Will you grant provision in the contract that during the period of the
the execution? contract that PTA will lease it to WGMA provided that
§ YES. The judge should grant it because it inures to the WGMA will make improvements on the property. But
benefit of the defaulting defendant. later on during the existence of the contract, PTA took
- Sometimes, it is better to be declared in default because the plaintiff cannot back its agreement with WGMA. So WGMA filed a
present evidence more than what is alleged. petition for declaratory relief. After the answer was filed
- No default in: by PTA, WGMA filed a motion for leave to amend the
o Legal separation pleading to change the COA to specific performance.
o Annulment RTC denied it.
o Summary procedure § SC:
• ü amend it to change the COA
RULE 10 • Generally, the courts should act liberally in
allowing the amendment of the pleadings
- AMENDMENT AND SUPPLEMENTAL PLEADINGS • It is allowable to prevent multiplicity of actions
- AMENDED PLEADINGS • It is not dilatory in nature
o In order to allege accounts and COA which have already matured - Can you prove a matter that has not been alleged in the pleadings?
at the time of the filing of the originals o Yes. AMENDMENT TO CONFORM TO EVIDENCE
o Ex. I borrowed money from you in the amount of 10k. There is no o Ex. PN is for 10M. Contract of loan was presented in court. No
acceleration clause. I would violate your right on the month to objection as to the contract of loan presented in court. Is there a
month basis. Up to today, I have not paid you. Hence, you sued me need to amend the pleadings?
for the amount up to October. o 2 scenarios:
§ This is not correct. § If there is a matter that is being proven or tried and there
§ Because the amount for October has not yet accrued. is no objection to the presentation of evidence on a
§ Suppose the answer has now been filed and there is matter that has not been alleged in the pleading à
already a PT. You only asked for 5k since the rest of the pleading is deemed to have been amended hence no
obligations have not yet accrued. What if it had already need to amend the pleadings
accrued. What will you do? § If there is an objection à there can still be amendment
• Move for suspension of the PT for amendment to the pleading but you need to amend the pleading to
of the pleading to allege that the obligation is conform to the evidence
now due and demandable.

Dugs DEAN ALBANO REM 11


- Amended pleading - PROOF OF SERVICE
o A filed a complaint against B for sum of money. Affirmative defense o Service may be done by:
that there was a contract but there was already payment. But later § Registered mail
on, he filed an amended pleading. He says that there is no contract • There is notice of mail matter from the post
at all and that there is no loan. So, what happened to the original master within 5d from the receipt of the notice
pleading? • If you do not claim it within 5d, it is presumed
§ The original pleading is superseded that you are already notified
§ The judicial admission thus became a EJ admission § Ordinary mail
which can be used against you during the cross- • Considered as served upon you 10d after
examination for purposes of impeachment depositing it
- You cannot allege a different COA in a supplemental pleading. It must have • There is presumptive service already after 10d
to be of the same nature as that of the original COA. - SERVICE UPON COUNSEL
th
o Suppose the counsel is holding office on the 7 floor. There is a
RULE 11 receiving desk on the ground floor.
- When you file a motion for extension, may sure that the original period is still o You have to go to the office of the counsel. You cannot serve it to
existing the receiving clerk on the ground floor.

RULE 12 RULE 14 – SUMMONS

BILL OF PARTICULARS SUMMONS


- If this will be asked, this will be asked in criminal procedure - It is through this that the court acquires jurisdiction over the person of the
- « ENRILE CASE defendant
o The predicate crimes of plunder was not alleged. Hence, Enrile filed - Another way is through voluntary appearance such as:
a motion for BOP. o Filing of an answer even before summons
- If your motion for BOP is denied, then you will have the remaining days to file o There was an attachment. You filed a motion to quash the writ of
your answer attachment
o Filed a motion for extension of time to file an answer
RULE 13 - HSBC CASE
o Judgment has already been rendered. When there was a motion
- If there is a complaint and an answer, then you have to serve it personally as for execution, you file a motion for postponement of the hearing for
a rule motion for execution of judgment. This is considered as voluntary
o Purpose of personal service: To speed up the administration of appearance.
justice because service through mail is very slow - Section 20 - X voluntary appearance
- If you cannot serve it personally, then prepare an explanation - Service of summons is important because of due process
- CASE - How to serve summons?
o Resorted immediately to service through registered mail instead of 1. Personal
personal service. Waited for the period to file an answer to lapse 2. Substituted
before filing an omnibus motion to expunge it from the records (trial 3. Publication
technique). Lawyer admitted that he was not aware of the rule that - Personal service
there must first be personal service since he is very old and what o By serving it upon the defendant or tendering it to him if he refuses
he knows is the old rule. When the case happened, the new rule to accept it
was only 1 month old. - Substituted service
o SC: o It is a basic requirement and strict requirement that the sheriff must
§ The court excused him pro hac vice. have to make a return that there were attempts to look for the
§ But said ruling cannot be made the basis for future suits. defendant and serve summons to him
Only for this case was the lawyer excused. o MANOTOC CASE
- SORSOGON CASE § 3x on 2 separate days
o The court can take judicial cognizance of the distance between o Serve it to a person of sufficient age and discretion + resident of
sorsogon and CA the place
o Hence, due to distance, service by registered mail is acceptable

Dugs DEAN ALBANO REM 12


o Sheriff must file a return that despite efforts, it cannot be served on • The limit of the liability of the defendant is the
the defendant value of the res (property attached) hence the
o MAKASKIT VS CASE court cannot render a judgment for the
§ Rules on substituted service of summons is strictly deficiency or even for damages
construed o Section15
§ Must be served to a person of sufficient age and § Service of summons by publication
discretion + resident of the place • But jurisdiction only over the res and not the
o LAOS CASE person – only with respect to the status of the
§ Defective service of summons person
§ ü MD based on LJ over the person of the defendant § Ex. ü jurisdiction to determine whether the child is really
§ But the defect may be cured by the testimony of the the child of the defendant but X have jurisdiction to award
sheriff stating that there were efforts to locate the support
defendant and to effect personal service § Ex. Defendant is already a permanent resident abroad.
o APACEL VS CA ü summons by publication. Jurisdiction is acquired only
§ The requirements of substituted service of summons over the res (property) and not over the person.
must be strictly complied with because it is in derogation - Section 16. Resident of the PH TEMPORARILY out the PH
of the personal service of summons o ü service of summons by publication
§ Due process o But what is better and less expensive thing to do, substituted
- Service by publication service of summons
o Example: - Summons upon domestic corporation in the PH
§ A filed a complaint against B for sum of money alleging o Enumeration is exlusive:
that B is a resident of the city of Manila but the § President
whereabouts are unknown or the defendant is an § Managing partner
unknown defendant. Can there be service of summons § GM
by publication? § Treasurer
• Rule, 14, Section 14 § Corporate Secretary
• IN ANY ACTION against an unknown § In house counsel
defendant or known defendant but o BPI CASE
whereabouts are unknown, there can be § Service to branch manager = X proper service of
service by publication summons
• Reason: - Foreign corp doing business in the PH
o Service of summons personally o Look for the resident agent or
cannot be done if the defendant is o Government official designated by law to that effect or
unknown or the whereabouts are § Ex.
unknown • SEC
§ Section 15. Personal action. Action for sum of money • Insurance Commission
against defendant who already PERMANENTLY o Any of its officers or agents within the PH
migrated to the US. Can there be summons by - IMPERIAL CASE
publication? o What about service of summons in a particular office? Where
• NO. should the sheriff serve the summons for the boss in the office?
• Before service of publication, there is a o He should inquire who the is the office in charge in the absence of
procedure. their boss
• You have to convert the personal action to a o Issue: Is it necessary that the office in charge be authorized
quasi in rem action by attaching the property personally to receive the summons?
of the defendant. When that property was o SC:
already attached, the action is already § NO. It is not necessary that said person is authorized
converted into a quasi in rem action. personally because by operation of law, since he is the
• Motion for leave to serve summons by person in charge, he shall be authorized to receive the
publications summons

Dugs DEAN ALBANO REM 13


§ The mere fact that he is the officer in charge, he is § The defendant should have filed a motion to lift the order
authorized to receive the summons even without the of default first and waited for it to be lifted instead of filing
personal authority an answer immediately
§ ü proper declaration of default even if he filed an answer
SUNDAY LECTURE – September 18 because he should have had the default lifted first
- CATHAY PACIFIC
RULE 15 o In this case, there was an omnibus motion to file an answer and
admit the proposed answer.
MOTIONS o Hence, in this case, whatever happens, your answer is there.
- 3-day notice rule - OMNIBUS MOTION RULE - Section 9 of Rule 15
- Purpose: o Some contend that this is a misplaced provision since it should be
o To prevent surprises in Rule 16 because it is related to a motion to dismiss
- 10-day rule o GR: Defenses and objections not pleaded either in a MD o in the
o BARCELONA VS CA answer are deemed waived
§ Here is a final judgment. But it is not yet executory. § E: NON-WAIVABLE GROUNDS
Hence, appealable. Problem is that the defendant who 1. LJ over the SM
lost the case filed a MR from the FJ. He filed it but he set 2. Res Judicata
it beyond the period of 10d. Within that period, the period 3. Litis pendencia
to appeal would lapse. In the meantime, while the period 4. Barred by statute of limitations (prescription)
to appeal had not yet lapsed, do not move. After the o These non-waivable grounds can be raised even on the first time
lapse of the period of appeal, file a motion for execution on appeal
of the judgment. o CASE
§ The MR was filed but it was set beyond the 10d period § There was a proceeding for settlement of estate. There
hence the period to appeal lapsed since it did not was no alleged value in the complaint. The fact that the
interrupt the period to appeal. File an opposition with RTC did not have jurisdiction over the SM was raised
motion for execution of the judgment. only for the first time on appeal after 17 years.
§ Which one shall be granted? § SC:
• The ME will be granted. • ü grant MD
§ ** do not expect this to be asked because this already • The proceedings were void because of LJ over
involves practice the SM
- Notice of hearing o PRESCRIPTION
o It must be addressed to the counsel or party. § If the prescription is apparent, can you file a MD?
o Counsel for the plaintiff or defendant • YES.
o Ex. • File a MD based on prescription.
§ Defendant files a MD. The notice of hearing must be § « But suppose prescription is not apparent, can you file
addressed to the counsel or the party because the court a MD base on prescription?
may not know whether the party will oppose it or not or if • NO, because the defense of prescription
the party will available on the date of hearing becomes an evidentiary matter. You cannot
- Omnibus motions file a MD.
o There are several reliefs that you would like to ask for • You file an answer and interpose the defense
o Ex. There was service of summons but you failed to file an answer of prescription as an affirmative defense.
within the reglementary period. There is now a motion for • “Your honor please, may I ask that you make
declaration of default. How do you prevent the court from declaring an admission that the contract was entered on
you in default? this certain date and that it became due and
§ Omnibus motion to lift the default + attach the answer demandable on this certain date 20 years ago.
- JB CASE Hence, it has already prescribed since it is a
o There was a motion to declare the defendant in default. The written contract which should have been filed
defendant filed an answer but he did not attempt to recover his 10 years ago.
personality in court.
o SC:

Dugs DEAN ALBANO REM 14


§ CO CRIMINAL CASE TRO. After the period to
• In the medical findings the PI was cured within vacate the premises
10d. So, it was just slight physical injuries. But expired, you file an action
what was filed was less serious PI. It was filed to eject the lessor.
after the period of prescription. Can the court § Which case was filed
render a judgment of conviction? ahead of the other?
• SC: • The action for
o NO! X convict because it has damages
already prescribed • But the
§ BEQ: May a person be charged with a crime that has problem is that
already prescribed? there was a
• NO. Because the state has already lost the prayer to fix the
power to prosecute. period longer
§ YAMBAO CASE for the lease.
• Prescriptive period for legal separation is 5 § Moved to dismiss the
years. In this case, the action has already second case.
prescribed but it was not apparent because it o SC:
was not stated when the husband had sex with § The appropriateness
the paramour. It was only stated that she test was used – which of
caught his husband in flagrante delicto. the 2 cases is the more
• Trial technique: DO NOT ASK WHEN!!! appropriate for the court
Because the cross-examiner might forget and to fix a longer period of
you can make lusot. It will not be dismissed by the lease. Is it the action
the judge if there is no evidence of for damages with
prescription. injunction or is it in the
• But for example, if you ask in the cross- action for UD?
examination when you caught your husband in § It is in the UD case which
flagrante delicto. The court will MP dismiss it is the more appropriate
based on prescription. action although it was
o LITIS PENDENCIA filed after the first case for
§ May a second action be a ground to dismiss a first damages.
action? • ANTICIPATORY TEST
§ « TESTS: • PRIORITY OF FILING TEST
• APPROPRIATENESS TEST o A filed a complaint against B on Jan.
o Most important test 2, 2017. Then B filed a complaint
o MIRASOL VS FLORES CASE against b on Feb 12, 2017. Now,
§ There is a very old can Mr. B file a MD against the
building. There are so complaint in the first on the ground
many tenants in this of pendency of another action?
building. But since this § NO. Because case of A
building is very old and was filed ahead of the
may be dangerous, they case of B.
decided to ask the
lessees to vacate the RULE 16 – MOTION TO DISMISS
premises. Everybody - FAILURE TO COMPLY WITH CONDITION PRECEDENT
vacated the premises o Prior barangay conciliation
except one fellow. o Exhaustion of admin remedies
Instead of vacating, he o Prior resort to compromise between immediate family members
filed an action for § Why?
damages with PI and • Because this is a self-spectacle

Dugs DEAN ALBANO REM 15


• It will plant the seeds of bitter bitterness (?) repurchase. But the lessor refused saying that the
o Unlawful detainer contract has already expired. The lessee contended that
§ Before you can file a case of UD, the LO must exercise the the right to repurchase was also impliedly renewed.
the following options: § RTC and CA:
• Sell it or • ü MD based failure to state cause of action
o If he refuses to buy the land and the • The impliedly renewed lease does not include
value of the land is not considerably the right to repurchase which was not impliedly
more than the value of the renewed – it Is strange to the provisions of the
improvement à it is only then that original contract
you can file an action for UD • The right to repurchase was not impliedly
• Appropriate it for himself renewed
§ Ex. A is the owner of a parcel of land. B constructed a § SC:
house on the land of A. A filed a complaint for UD. • Still pending
- VENUE - UNENFORCEABLE UNDER THE PROVISIONS OF THE SF
o It is improper only when it is objected to o Ex.
o The court cannot dismiss the case MP § A contacted B saying that he wants to sell his house for
o If it is not objected to in a MD à then it is deemed waived 10M in cash. B agreed. He went to the house of A. A
o Venue is designed for the convenience of the plaintiff changed his mind. Hence, B filed an action for specific
- FAILURE TO STATE COA performance to enforce the sale. B contends that there
o It is filed on the basis of the provisions of Rule 16 was a perfected contract.
o The court is constricted to the allegations in the complaint. Is there § What is your remedy as the counsel of A?
evidence in Rule 16? • The contract is not enforceable
§ None. • File a MD based on the ground that the
§ The court is limited to the allegations in the complaint. contract is unenforceable
o As distinguished from the MD based on lack of COA – demurrer • It is a perfected contract but since it involves
to evidence (Rule 33) land hence, it should be in a written contract.
§ This can only be filed after the prosecution/plaintiff has In this case, it was merely an oral contract
rested its case § If the motion was denied. What will your remedy be as
§ Here, it is based on failure to prove the cause of action the counsel of A?
through the presentation of evidence • It is a mere interlocutory order
o PETA DEVT CORPORATION • File an answer, go to trial. If judgment is
§ The court is limited to the components of the complaint rendered adversely against the latter, appeal
§ There is no evidence that is going to be considered by form the judgment and invoke as error of the
the court court the denial of the MD.
§ But can the court consider annexes A, B and C? • There can be no appeal because it is an IO
• YES. which does not determine the finality of the
• The annexes are not evidence. There is no rights of the parties because there is
trial yet. It has not yet been offered. It is a mere something yet to be done.
annex. It is considered as part of the • If ever there is a GAD and there is no PSA
complaint. remedy, as a last resort, I will file a SCA for
o CONCHITA VDA DE CHUA CASE certiorari (65)
§ There was a contract of lease. A is the lessor; B is the
lessee. Under the provisions of the contract of lease with RULE 17 – DISMISSAL OF ACTION
a right to repurchase, the lessee shall have the right to - Ex. A filed a complaint. Summons was served. No answer was filed. If you
buy the building during the pendency of the contract. The were the counsel for the plaintiff, do you need to file a MD?
contract expired. But it was impliedly renewed because o No, the plaintiff can just file a notice of dismissal.
the lessee was still in possession of the property after 15 o There is no need for an order granting it. It shall just issue an order
days from expiration of the contract (tacita reconduccion) confirming the notice of dismissal by the plaintiff.
without the lessor ordering him to vacate. The lessee
then said that he is now ready to exercise the right to

Dugs DEAN ALBANO REM 16


- Ex. A filed a complaint. Summons was served. B filed a motion to dismiss. - SPA should be issued to the counsel so that it can enter into compromise
During the pendency of the MD of B, the plaintiff served a notice of dismissal. during PT
If you were the judge, what would you do now?
o Entertain the notice of dismissal by the plaintiff RULE 19 – INTERVENTION
o Issue an order confirming the notice of dismissal - A person who has a legal interest in litigation
o The motion to dismiss by the defendant is already moot and - Not yet a party to the case
academic - Real interest; not mere inchoate interest
o If there is a notice of dismissal, there is no other action by the court - It should not cause delay
than to confirm the notice of dismissal - And that it cannot be prosecuted in a separate action
- Ex. What if after the plaintiff filed a notice of dismissal. He filed a case again. - NAIA 3 CASE
He again filed a notice of dismissal again. He then filed a complaint of the o Opening of NAIA 3 was delayed because of some defects in the
rd
same nature for the 3 time. airport. There was a controversy between the contractor and the
o 2 dismissal rule has the effect of res judicata DOTC because of the many defects in the airport. Because of the
- If ever there is already an answer, the plaintiff can file a MD which MAY be case that was pending between the government and contractor
granted by the court – discretionary which has been dragging, so one of the SH filed a motion for leave
- Can the counterclaim proceed independently of the main action? to intervene in the case. The SH stated that because of the delay
o YES. in the opening of the airport, his right has been injured and he is
- What are the instances when the court may dismiss the action MP? prejudiced. Should the court grant the motion for leave to
o Apparent that there is LJ intervene?
o Failure to prosecute (Noelle prosequi) o SC:
o When you fail to amend the pleading when ordered by the court § Deny motion for leave to intervene
o When you fail to appear on the date of presentation of evidence in § The nature of the interest of a SH over the properties of
chief a corporation is merely inchoate or expectancy.
o APOR - When are you going to intervene?
- Section 3 (APOR) o Under the provisions of Rule 19, prior to judgment.
o GR: Dismissal is with prejudice o GR: Because if you intervene after judgment, it becomes dilatory
§ E: Unless otherwise directed by the court § E: It is relaxed in several cases – wherein even if it is on
appeal already, the case allowed intervention
RULE 18 – PRE-TRIAL § SANTOS CASE
- If the plaintiff fails to set the case for pre-trial, it is the duty of the clerk of court • Intervention was allowed even when the case
to set the case for PT was already on appeal because the intervenor
- When is the case deemed joined? was an IP. Hence, he was allowed to intervene
o After the filing of the last pleading – reply because there can be no valid judgment
o The issues are already joined without him being impleaded in the action.
- There is no default in pre-trial § QUINTO VS COMELEC
o Failure of the plaintiff to appear = cause for the dismissal of the • If you are a judge and you file a COC, once it
action with prejudice is stamped on, under the law, the judge is
§ E: Unless otherwise ordered by the court deemed resigned. It was declared unconsti
o Failure of the defendant to appear = allow the plaintiff to present because it is violative of the due process
evidence ex parte and the court to render judgment on the basis clause. There is no distinction between
thereof elected and appointed officers. Drilon filed a
- Pre-trial brief motion for leave to intervene so that they can
o 3d before the date of the PT, submit PT brief. If you do not file the file a MR. The judgment was already
PT brief, the case may be dismissed (discretion of the court) à the rendered.
defendant can present evidence on the counterclaim ex parte • SC:
- Purposes of PT? o The court allowed the intervention of
o Amicable settlement of the case Drilon because the issue was of
o If there is no settlement of the case à then we go to the PT proper transcendental importance
(marking of evidence, number of witnesses you will present, o An appointed officer does not owe
simplication of issues, etc.) anything to the people while the

Dugs DEAN ALBANO REM 17


elected officers owe something to oRiano: If not done, the party shall not be allowed to present
the people; they have a mandate to evidence on the facts that are material and relevant
the people - METROBANK CASE
o Reversed the decision of the lower o If you did not sent WI to the witness, the court will not allow you to
court present the witness \
§ ATIENZA CASE
• 9/11 incident in New York. The city of manila RULE 33 - DEMURRER TO EVIDENCE
immediately enacted Ordinance 1827 which - Demurrer to evidence in Civil case
reclassified the pandacan area where the oil o File a motion to dismiss based on lack of cause of action after the
depots are from industrial to commercial. plaintiff has rested its case
Hence, oil depots were no longer allowed. o In civil cases, no need for LOC.
Reason for the ordinance is because it might o If denied = IO = X appeal
be attacked by the terrorists and the ball of fire § E: 65
may wipe out the entire MM area. There was o If the MD is granted à the case is dismissed
a 1-year period provided by the ordinance for § This is considered a FJ which is appealable
the depots to be transferred to another place. § If reversed on appeal, the defendant is deemed to have
In spite of the ordinance, there was a MOA waived his right to present evidence
between Atienza and the 3 major petroleum § So, when you file a motion to dismiss based on demurrer
players. to evidence, make sure that you are 101% sure.
• SC: - Demurrer to evidence in CRIMNAL CASE
o Even if the case is already final, o With or without LOC
since the issue is of transcendental o If with LOC and denied à ü present evidence
importance, the motion for o If without LOC and denied à deemed to have waived = X present
intervention should be granted evidence
o If granted à X appeal (DJ)
MODES OF DISCOVERY § E: 65
- If there is an actionable document and you do not deny it specifically and o RIVERA VS SB
under oath à the genuineness and due execution of the documents shall be § After the prosecution rested its case, it was the SB itself
deemed admitted which instructed the counsel of the accused to file DE.
o E: If you file a motion for production and inspection of that Hence, he filed it without asking for LOC. It was denied
document and the other party did not comply with the order of the by SB.
court allowing you to inspect/reproduce the government à you do § SC:
not need to make a denial specifically and under oath of the • It was the SB itself who instructed him to file
document the DE.
- Written interrogatories • Hence, it is filed with LOC because the order
o MOD wherein you are going to answer certain questions which are of the SB to file a DE is equivalent to LOC.
relevant o SALAZAR VS PEOPLE CASE
o GR: if you do not answer the written interrogatories, the matters in § The city of Legaspi in Albay. There was purchase of rice
the WI shall be considered as admitted value at around 240k. The problem is that the debtor
§ E: if the matters that are asked of you to answer or admit issued a check. The seller said that what they talked
are already specifically denied about was cash. They asked several people to be
• Ex. There is a request for admission of the accommodation parties to be sure. When the check was
genuineness and due execution of the deposited, it bounced. The debtor was asked to pay but
document. he did not pay at all. Estafa case filed against the debtor
o According to Riano, if not done, AP cannot compel a party to give and the accommodation parties. The accommodation
testi in open court or give depo pending appeal party contended that he was merely an accommodation
- Admission by adverse party party thus he has no contractual relationship with the
o If you do not answer the request for admission, the matters shall creditor. AP filed DE with LOC. Granted. Hence, he was
be considered as admitted acquitted. But in the same judgment of acquittal, he was
made to pay the amount of 240k. Filed a MR asking that

Dugs DEAN ALBANO REM 18


he be allowed to present evidence on the civil aspect. o If there is a motion for SJ, then that SJ will be rendered by the court
RTC denied it. but in the meantime, there shall be a trial in so far as the damages
o SC: are concerned
§ The AP should be allowed to present evidence on the - The SJ is a mere interlocutory judgment because there is something yet to
civil aspect be done which is the trial on the issue of damages
§ If he is not allowed to do so, it would be deprivation of - There is only partial disposition of the issues
the right to due process. - Are affidavits and issues needed?
§ The case is remanded for the purpose of presentation of o Yes.
evidence in so far as the civil aspect of the case. - BEQ: May a defendant file a motion for summary judgment or judgment on
the pleadings?
JUDGMENT ON THE PLEADINGS o Normally, it is the plaintiff who should file it
- Failure to tender an issue or admits material facts in the complaint o But the defendant may also file a motion for SJ à but in this case,
- There is no issue of fact hence evidence need not be presented there is an admission of the material allegations that have already
- There is total disposition of the issues been denied
- Are affidavits and issues needed?
o NO, because the judgment on the pleadings is limited to the REMEDIES AGAINST JUDGMENT
complaint and answer - New Trial
rd
- May there be a judgment on the pleadings even during the pendency of 3 o Grounds:
party complaint? § NDE
o YES. § FAME
o METROMANILA TRANSIT CORP CASE o Extrinsic Fraud
§ Metromanila transit corp is an owner of a bus. The bus § Ex. You have a kalakal in the province. You were
was sold to A. So the actual operator now is A. Still in the supposed to present evidence on Tuesday. Your
name of metromanila transit corp. Met an accident and opponent called you saying that he has already asked for
killed someone. Registered owner rule. The heirs of the postponement. But then he did not actually do it. So, you
victim sued metromanila transit corp. MMT filed a third did not appear because of the act of your opponent. So
party complaint against A. There is now an admission in your opponent asked to present evidence ex parte
so far as MMT is concerned. Is this an issue in so far as • ü ground for NT
the heirs of the decedent are concerned? There is no o Mistake
issue of fact. It was admitted by MMT that the plaintiff § GR: Mistake of the lawyer is attributable to the client
met an accident which resulted in his death. Liability was • E: if the mistake is so gross that it would
admitted because of failure of MMT to have the vehicle amount to deprivation of the right to DP
registered under the name of A. In the meantime, heirs o NDE
of A filed a judgment on the pleadings against MMT. If § Evidence that was already existing at the time you filed
you were the judge, will you grant it? the case or trial but you could not have discovered that
• Yes. evidence even with the DGFOAF.
rd
• Because the 3 party complaint can even be § It should have been existing already because if that
tried independently of the main action evidence was not existing at all, it cannot be considered
• If there is no issue in the main action, there can as a NDE.
be a judgment on the pleadings on the main § If it is documentary, you should attach it.
action § If it is testimonial, you have to attach an affidavit of the
rd
• A 3 party complaint may be decided proposed witness because this is the proposed
independently of the said main action testimony of the witness which is a NDE
• Purpose: But after the examination of the
SUMMARY JUDGMENT testimony, it may be merely corroborative of
st
- No genuine factual issues the 1 witness hence it is not NDE
o E: As to the amount of damages § If NDE is granted, there shall be trial de novo.
- Is there a triable issue?
o Yes, but only as to the amount of damages

Dugs DEAN ALBANO REM 19


- Motion for reconsideration o BEQ: Judgment was rendered on December 10. The defendant
o Grounds: was furnished with the copy on December 15. The plaintiff was
§ Damages awarded are excessive furnished with the copy on December 20.
§ Evidence is insufficient to justify the decision or FO § What is the period of appeal?
§ Decision or FO is contrary to law • Exclude the first, include the last – start
nd
o Can you file a 2 MR for reconsideration? counting from December 16.
§ GR: NO. It does not even toll the period to file an appeal • If the last day is a holiday, then the next
• E: in the SC working day.
- Appeal • December 30 is the last day but it is a holiday
à next day is 31 which is vacation. Jan 1 is
APPEAL still vacation day. Jan 2 is a Saturday. Jan 3 is
- You file a MNT or MR within the period to appeal a Sunday.
- Period to appeal is 15d • So the last day is Jan 4.
- Q: Judgment was rendered. You filed a MR/MNT. Denied. Can you appeal § When is appeal deemed perfected?
from the order denying the MR/MNT? • It is perfected after the lapse of Jan 4
o That order itself is an appealable order because it is a FO • After the lapse of all the periods to which a
o Since it is an affirmation of the judgment which was subject to a party is entitled to appeal
MR/MNT § What is the meaning of perfection of appeal?
o But what we do is that we appeal the main action and invoke as an • It means that the court of origin has lost
error of the court the denial of MR/MNT jurisdiction after the appeal has been
- No appeal may be taken from (Rule 41): perfected
1. Order denying a petition for relief or any similar motion seeking o E: As provided for in Sect 9 of Rule
relief from judgment 41 – doctrine of residual powers/
2. IO residual jurisdiction
§ Order denying a MD - RESIDUAL JURISDICTION
§ Order denying DE o After the receipt of the judgment of the plaintiff, he filed a motion for
3. An order allowing or dismissing an appeal execution of judgment pending appeal on December 27. Can the
4. An order denying a motion to set aside a judgment by consent, court act upon it on January 4?
confession or compromise on the ground of fraud or duress or any § YES. Because of the doctrine of residual powers
other ground vitiating consent § For as long as that ME pending appeal was filed during
5. An order of execution the period of appeal and that the record of the court is
6. A judgment or final order for or against one or more several parties still in possession of the TC, the court can act upon it
rd
or in separate claims, counterclaims, cross-claims and 3 party even after the perfection of the appeal on January 15.
complaints, while the main case is pending o Can you file a motion for approval of the compromise after Jan 15?
a. E: Unless the court allows an appeal therefrom § Yes.
7. An order dismissing an action without prejudice o These are powers that remain in the court even after the perfection
- NEYPES PRINICPLE of the appeal
o Fresh period rule from denial of MR/MNT to appeal - You cannot appeal from an order denying a PRJ. What is your remedy?
o ü applicable also to criminal cases o Rule 65 if there is GAD amounting to L/EJ since there is no PSA
o X applicable in admin cases – it applies only to judicial proceedings, remedy
not to administrative proceedings - What are the modes of appeal?
- The right to appeal is a mere statutory right. If ever there is a period provided o MTC à RTC (NA)
for by the rules for you to perfect an appeal, it is a jurisdictional period. § This is a MR
o E: there is a justifiable reason o RTC (AJ) à CA (Petition for Review under Rule 42)
§ Ex. Yolanda § This is discretionary
- When is appeal deemed perfected? o CA à SC (Petition for review on certiorari by way of a writ of error
o Appeal is perfected the moment you file a NA – 45)
o Appeal is deemed perfected after the lapse of all the periods the § Don’t ever go to the SC by way of 65 form the CA unless
party is entitled to appeal there is GAD since this is an exceptional remedy à
wrong mode of appeal = dismissed

Dugs DEAN ALBANO REM 20


- ASSIGNMENT OF ERRORS - If you use NA from the RTC (AJ) to CA, the proper mode is petition for review
o Whenever you appeal from a judgment, you must assign the errors à if it is the wrong mode of appeal and you use NA, the court can dismiss
of the court the case (discretionary on the court)
§ Ex. Appeal from the judgment. The court erred in the - If ever the judgment is in favor of ABC, the judgment will inure to the benefit
denial of the MR/MNT or MD. of A even if he did not appeal
o Effect if you do not assign an error o Same as in criminal case. Even if the one of the accused did not
§ Dismissal of your appeal appeal, if the judgment appealed is in favor of the accused, it will
o Whenever you appeal from a judgment, you must assign the errors inure to the benefit of the non-appealing party
of the court because they are the issues that the court will design - « Purposes of appeal (BERSAMIN)
o What has not been juridically presented cannot be juridically o Correction of an error
decided § So that the court will correct the error in the judgment
o Are there exceptions? appealed from
§ Yes. o Institutionalization of the judgment
§ If LJ is apparent = the court can dismiss it MP § Institutionalization of the decisions of the court pursuant
§ If there is an issue that was not raised but it is interrelated to the principle of stare decisis
to the issue raised § Constitutional basis: If there is a decision of the SC en
§ Transcendental importance banc, it cannot be abandoned by the SC by division.
- DISTINGUISH 45 from 65 § It is progressive institutionalizations of the development
of the law and decisions of the court
45 65 • Ex. REPUBLIC VS IYOY
Period 15 60 o They expanded the concept of a
- ü fresh 15d - ü fresh 60 mixed marriage. It does not need to
Issue Law Jurisdiction be mixed at the time of the
Parties Original parties (A vs B) Court is impleaded (X celebration, it is enough that it is
Appellant/Appellee vs CA) mixed at the time the divorce was
Continuation of the original Separate and distinct obtained
proceeding • Ex. Tamargo va CA
o As a rule, the effects of adoption
- 45 vs 65 shall retroact to date of filing of
o They are not alternative remedies petition for adoption. But in this
o They are not cumulative either case, the court said that it is true that
o They are exclusive remedies it is retroactive but it is only
o But sometimes, they treat 45 as a 65 – but this is a matter of retroactive if it inures in favor of the
discretion on the part of the court child
§ Ex. AZUCENA CO CASE – DOCTRINE OF - DOCTRINE OF IMMUTABILITY OF JUDGMENT
PROCEDURAL VOID o Once a judgment has become final, it cannot be amended anymore
o These are remedies that not cumulative. They are not alternative. o Especially so if the amendment is a material amendment
They are exclusive remedies. They are antithetical to one another o COMMERCIAL CORP CASE
- Why is it that sometimes appeal would be dismissed? § There was a complaint for sum of money with prayer for
o If you do not file the appeal brief or the memorandum interest and penalty. There was a compromise
o But if you do not file the correct DF à X automatic ground for agreement. The interest was reduced but the penalty
dismissal remained big. Judgment was rendered based on the
§ Ex. There is a record on appeal. There compromise agreement. But there was failure to comply
- Record on appeal with the terms of the compromise. They asked to have
o Record those important pleadings together with the orders and the penalty reduced. Should the court grant it?
judgment • NO. Because it is a FJ already and if the court
o It must be approved by the court allows it, it will violate the doctrine of
o After its approval, you cannot change it à it will be a ground to immutability of judgment
dismiss the appeal

Dugs DEAN ALBANO REM 21


- « SLIP RULE § The court treated it as a SCA of 65 since there was lack
o Mere clerical or typographical error of due process for failure to properly serve substituted
o BAGUIO VS CA summons
§ There was a complaint for the recovery of RP
denominated as LOT #89. Trial was conducted. WRIT OF EXECUTION
Judgment. All stated lot #89 except the dispositive - Once the judgment has become F&E à the issuance of the WE becomes
portion which states Lot #28. Can you execute the ministerial
judgment? NO. Because the body of the decision and the - You can even file a petition for mandamus to compel the court to issue the
dispositive portion are different. The dispositive portion WE because it is a ministerial duty
should be quoted in the writ of execution and the WE - In the new ROC, there is no more need for the case to be remanded for it to
should not vary the terms of the dispositive portion. What to be executed à you just need to file a ME for the WE to be issued
is your remedy? - The WE must conform with the dispositive portion because if not you can file
• Motion for clarification of the judgment a MQ
• It is a mere typographical error hence it can be - PASCUAL CASE
amended as an exception to the doctrine of o Judgment is rendered ordering the title of B void. Ordering B to
mutability of the judgment reconvey the property and pay damages. Judgment became F&E.
- HARMLESS ERROR RULE It is a judgment to perform a specific act which to reconvey the
o Harmful errors – it prejudices the constitutional rights of the property to the plaintiff. B signed a certificate of reconveyance and
accused paid damages. He contends that the judgment does not order him
o PEOPLE VS TEHANKEE to restore physical possession of the property hence he does not
§ Tehankee contends that the court committed an error in need to do it and if he be compelled to do so, it would be varying
convicting him because the court considered several the terms of the judgment.
evidence that should not have been considered. He is a § The surrender of property is incidental
very troublesome fellow. He has been involved in several § Necessarily, the defendant (B) must surrender the
shooting incidents. property to the owner (plaintiff) since possession is an
• Court said that the evidence taken into incident of ownership which was declared by the court to
consideration are merely harmless errors rightly belong to the plaintiff
• Medj malabo kwento nya § If the contention of B is upheld, the plaintiff will have a
mere empty victory
RULE 38 – RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS
- It is not a substitute to appeal EXECUTION PENDING APPEAL
- File within 60d after the petitioner learns of the judgment, FO or other - Requirements:
proceedings to be set aside and not more than 6 months after such o File a motion
judgment or FO was entered or such proceeding was taken (60-6) o There must be good reason
- If it is denied, what is your remedy? o The good reason must be stated in the order granting the motion
o X appeal for execution pending appeal
o ü certiorari (65) if it is available - DBP VS MACEDA
- You must show that you lost your right to appeal because of FAME and not o In order to justify execution pending appeal, what could be a good
because of your own fault reason?
- If ever the PRJ is granted, the court will set aside the judgment and give you § Perishable goods imported but the importation was held
the opportunity to have a new trial as if a timely MNT was filed in the customs authorities
- In what court will you file the PRJ? • ü file ME pending appeal because it involves
o If decided by the MTC à file with the MTC perishable goods
o If decided by the RTC à file with the RTC § Subject matter of the controversy are carpets. Judgment
o You have to file it with the same court was rendered in favor of the plaintiff. ME pending appeal.
o You cannot file a PRJ in the CA and SC What could be your good reason?
- CASE • If the case will be pending for a long time, the
o The PRJ was filed in the RTC instead of the MTC. Is this correct? carpets will be ____ à the carpet will lose its
o SC: value
§ As a rule, no. BUT this is an exceptional case

Dugs DEAN ALBANO REM 22


- WHAT IF THE DEFENDANT DIED? § Filed in the RTC because it is IPE
o You cannot execute the judgment
o Rule 86 – file a claim against the estate DOCTRINE OF IMMUTABILITY OF JUDGMENT
o If there is a judgment and there is already a levy, you can sell. - Is this absolute? NO.
- PERIOD OF EXECUTION OF JUDGMENT o Legal separation case. Final and executory judgment. They
o 5 years – via motion for execution reconciled.
o 10 years – independent action for execution of judgment § The judgment is not immutable.
§ original action for revival of the judgment § It can be changed at any time
§ In an action for revival of judgment, the COA is the o Support
judgment itself and not the original action § The amount of support can be adjusted depending upon
§ The 10-year period commences to run from date of entry the needs and capacity
(same as start of running of 5-year period)
• In short, the 5 and 10 year period start to run WHAT IF THE DEFENDANT DOES NOT HAVE MONEY?
at a common point – from the date of entry of - The Sheriff can garnish the amounts in the bank – this is not violative of the
judgment bank secrecy law
o Reason behind the limitation of 5 and 10-year period - If you find that a property can be attached, have it attached already so that
§ Public policy when there is a judgment, you can have it levied upon
§ In order to prevent the possibility of delay in the admin of
justice and satisfaction of the judgment EXECUTION OF JUDGMENT FOR SPECIFIC ACT
§ To prevent you from sleeping on your right to execute the - Defendant refused to sign the deed of sale à court appointed a person to
judgment sign the deed of sale
o If there is any interruption, the period of interruption shall be
deducted – the interruption must have been cause by the - If the judgment is now final and executory and there is a levy on the property
defendant, not the plaintiff. of the defendant or respondent. But the problem is that the defendant does
§ Ex. You were able to secure a TRO/PI or you were able not own the property that was levied upon. What is your remedy?
to get a PI o 2 options:
rd
§ « VILLESA CASE § File a terceria or a 3 party claim
• Judgment was rendered in a UD case. It • Submit it to the sheriff
became F&E. Motion for execution granted. • The sheriff will not be bound to continue
WE was issued. But before the judgment could possessing the property unless the prevailing
be executed, the plaintiff filed a motion for party shall put up a bond for damages
suspension of execution of judgment because § If movable – replevin
of humanitarian reasons. Motion was granted. • Terceria is not a condition precedent to filing
th
He slept on his right for 10 years. On the 11 of a replevin
year, he filed an action for revival of judgment. o Example: The defendant is in possession of your property as a
Counsel for defendant contended that the lessee or is a depositary. So that the lessor or depositor is the
action has already prescribed. owner of the property. Hence, if the property is levied upon, the
• Held: owner can
o It has already prescribed. § « SANTOS CASE
o Plaintiff cannot raise the interruption • There was a judgment that was rendered by the NLRC.
because the period of interruption is There was a claim for sum of money arising from ER-EE
deducted only if it is obtained by the relationship. The judgment became F&E. Writ of
defendant. If it is the plaintiff who execution. Sheriff levied upon the property in possession
caused the suspension and of the respondent. However, the property actually
interruption, then it will not be belonged to another person.
deducted. • If you were that person who owns it, what would be your
o It is the fault of the plaintiff, hence it remedy?
RD
has already prescribed. o File a TERCERCIA or 3 PARTY CLAIM
o Revived judgment cannot be different from the original judgment o The sheriff cannot possess the property
§ Because of the doctrine of immutability of judgment unless a bond is posted

Dugs DEAN ALBANO REM 23


• But the sheriff of the NLRC disobeyed and scheduled it
for sale.
• The owner of the property went to the RTC of Manila and
filed an action for replevin + PI and TRO. The judge of
the RTC issued the TRO. The sheriff was then ordered
imprisoned. The sheriff contended that the RTC cannot
issue a TRO because of equality between RTC and
NLRC.
• SC:
o This is an exception to the rule
rd
o If there is a 3 party claim, even if the courts
are of equal jurisdiction, the court can
interfere.
o Reason: judgment is only binding between
rd
parties. Property of the 3 person cannot be
made to answer for the obligation of another.
Principle of due process applies.

RANKING OF MOST IMPORTANT


- Terceria
- 5-10 years
- RJ
- Recognition of foreign judgment
- Execution pending appeal

Dugs DEAN ALBANO REM 24


SEPTEMBER 30, 2017 - You cannot split your COA. If you split your COA and there is now a F&E
judgment in the first, you cannot file another action involving the same P,SM
and COA since this will be barred by the principle of RJ.
TERCERIA - Ex. A borrowed from B 10M. Agreement to pay from January to October.
st
- If there is a judgment and a property is levied upon by the sheriff and said Acceleration clause. Failed to pay the 1 installment. Filed a case only for the
st
property does not belong to the defendant – it belongs to a third person. 1 installment. Final and executory judgment. Another case fled for the
- Remedy of the third person is Terceria remaining installment
- File an affidavit with the sheriff and the sheriff shall not sell the property unless o ü RJ
the other party files a bond - MALLION VS ALCANTARA
st
- « SANTOS CASE o 1 case: Dec. of nullity of marriage on the ground of psychological
o There was a judgment that was rendered by the NLRC. There was incapacity. Dismissed. Final and executory.
nd
a claim for sum of money arising from ER-EE relationship. The o 2 case: Filed another case for declaration of nullity of marriage on
judgment became F&E. Writ of execution. Sheriff levied upon the the ground of lack of marriage license.
property in possession of the respondent. However, the property o Is there RJ?
actually belonged to another person. § YES.
nd
o If you were that person who owns it, what would be your remedy? § Cannot file the 2 case because there was already RJ.
RD
§ File a TERCERCIA or 3 PARTY CLAIM § ü all elements of RJ are present
§ The sheriff cannot possess the property unless a bond is - MOCEDA CASE
posted o There was a donation of property. Donor went to the court to have
o But the sheriff of the NLRC disobeyed and scheduled it for sale. the donation declared void. Judgment became final and executory.
o The owner of the property went to the RTC of Manila and filed an After this, the donee went to court for an action to quiet title of the
action for replevin + PI and TRO. The judge of the RTC issued the donor’s property. Donor filed a MD on the ground of RJ.
TRO. The sheriff was then ordered imprisoned. The sheriff o SC:
contended that the RTC cannot issue a TRO because of equality § üRJ
between RTC and NLRC since it would violate the doctrine of § Objective in both actions is to recover title
judicial stability. § The nomenclature of the action was merely changed
o SC: - MESINA VS CA
§ This is an exception to the rule o Unlawful detainer case. There was a demand to pay and vacate.
rd
§ If there is a 3 party claim, even if the courts are of equal Not heeded. Suit for UD filed. After trial was conducted, judgment
jurisdiction, the court can interfere. was rendered. UD case dismissed. The plaintiff did not even
§ Reason: judgment is only binding between parties. appeal. It became final and executory. Several years after, there
rd
Property of the 3 person cannot be made to answer for was again a demand to vacate and pay. Unlawful detainer case
the obligation of another. Principle of due process filed against. Motion to dismiss on the ground of RJ. Dean Albano
applies. denied the MD. Trial ensued. Judgment became final. Appealed
and assigned as error the denial of the MD. RTC reversed the
RES JUDICATA decision. Rule 42 to the CA. CA reversed RTC decision and
- A matter that has been adjudicated cannot be re-adjudicated otherwise there reinstated MTC decision that there is no RJ.
would be no end to litigation o What is your remedy from the order of MD?
- It is founded on public policy – there must be an end to every litigation § It is a mere interlocutory order
- Requirements: § File an answer and wait for FJ
1. FJ § Appeal the FJ and assign as an error the denial of a MD
2. Identity of parties, subject matter, COA o SC:
- It is enough that there is substantial identity § X RJ
- Bar by prior judgment § While it is true that there is identity of parties and SM,
o ü identity of P, SM and COA there is no identity of COA
- Conclusiveness of judgment § Conclusiveness of judgment – no identity of COA
o ü identity of P and SM - It is enough that there is substantial identity
o X identity of COA o Ex. A is the principal. B is the agent. B is authorized to litigate for
A. Case was filed. Dismissed. FJ. Can A go to court and file a case?
§ NO. Because there is substantial identity of parties

Dugs DEAN ALBANO REM 25


§ The act of the agent is the act of the principal served within a reasonable period of time, whether it be personal
- PEOPLE VS PINEDA or substituted service of summons
o Res Judicata in Prison Grey - The property will be in custodial egis
§ Same as double jeopardy - The property will be levied upon to answer for the liability in the judgment
§ Criminal procedure - Remedies against attachment?
§ The only difference is that RJ in prison grey is the term o There was over attachment of properties
used in America. § Ex. A borrowed from B. Obligation is only for 1M. 10
properties attached amount to 4M. What is your remedy
FOREIGN JUDGMENT against the other properties attached?
- Ex. If there is a divorce decree obtained abroad by the foreigner, what is the • Ask for the quashal of the writ of attachment
procedure that the Filipino spouse should go through in order to remarry? against the other properties
o Go to court and file a petition for recognition of a foreign judgment • Partial quashal of the writ of attachment with
- The foreign judgment is not a law in the PH. It must be proven as a fact regard to the 8 properties
according to the rules on evidence o If there is no allegation that there is fraud.
- How will you prevent or repel the recognition of the foreign judgment? § Motion to quash the WA because it was improvidently
o Prove that the court which render the foreign judgment does not issued
have jurisdiction § ALLIED BANK CASE
o Collusion • There was an obligation which became due
o Fraud and demandable. There was demand but
- CORPUS VS STO TOMAS there was no payment. There was issuance of
o If there is evidence that the foreigner cannot remarry under his law, WA. Defendant filed a MQ based on the fact
then the Filipino cannot likewise remarry that the WA was improvidently issued. There
o “Capacitating him/her to remarry according to the law of his is no ground for issuance of WA because there
country” is no fraud. Mere failure to pay despite
- Ex. Filipino executed a will distributing his properties in the PH. Probated in demand is not equal to fraud.
America. Can it be enforced here in the PH? What is the remedy? o What if you want to have the property released?
o Reprobate of the will in the PH § Post a bond
o Reprobate is equivalent to recognition of the FJ § LUZON DEVELOPMENT BANK CASE
• Property was attached. What was being
deposited was a RP. Can a RP be deposited
PROVISIONAL REMEDIES in order to release the said property from
attachment?
RULE 57 – Preliminary Attachment o “Amount equivalent to the bond”
- Preliminary attachment o Deposit should be CASH
- You cannot file a preliminary action as an original or main action o X proper that RP as deposit
- Ex. D borrowed money from C. 1M. Failed to pay. Check bounced due to
closed account. You filed an action for sum of money on the basis of fraud. Is RULE 58 – INJUNCTION
this a ground for issuance of writ of attachment? - Can you file an original action for injunction?
o Yes. o YES.
o Affidavit + application for issuance of WA o If it is your main action.
o Application and issuance of WA is ex parte o Purpose: To prevent the performance of an act
o It is ex parte because if not, the properties may be concealed by o BRILLANTES CASE
the defendant § Prior to the 2010 election, the COMELEC headed by
- DAVAO CASE Chairman Abalos made a press release that they will be
o GR: There must be contemporaneous service of summons conducting their own canvass of the presidential
together with the WA to acquire jurisdiction over the person of the election. Brillantes went to the SC and filed an original
defendant petition for Injunction with prayer for PI and TRO. During
- ONATE CASE the hearing of the petition for injunction, the basic
o E: If the defendant cannot be served with summons together with question was asked: What agency has power to conduct
WA contemporaneously despite reasonable efforts, it can be the canvass of the results of the presidential and vice

Dugs DEAN ALBANO REM 26


presidential election? The commissioner said that it is o If Preliminary Prohibitory Injunction
the Congress which has the power to conduct the § X divest you of possession of property
canvass under the Constitution. TRO was issued o If Preliminary Mandatory injunction
because the COMELEC does not have the power to § ü divest you of possession of property
canvass. § Ex. In FE case. You can avail of PMI in order to compel
• TRO issued by the SC – no period presecibed. the possessor of the property to give the property to the
SC has discretion when to lift it lawful owner of the property
• RTC - 20d o But generally, it is not used to divest possession of property
• CA – 60d
§ GR: There is a hearing before issuance of the TRO REPLEVIN
• E: If there is extreme urgency in a multi-sala - Ex. A is the owner of the property. B borrowed the property. B used the
court property to secure his obligation through a pledge. A demanded the return of
• Ex. TRO was prayed for to prevent the the property but B could not give it back since it was in the possession of a
hearing. Prayed that the executive judge issue third person already. What is A’s remedy?
a TRO to prevent the issue from being moot o Replevin
and academic before it get raffled to one of the o The contract of pledge is not even valid because B is not the owner
court salas. of the property/ he was not authorized to issue the contract of
• Lifetime of TRO issued by executive judge – pledge
72 hours - Ex. Properties sold on installment basis. There is no payment of installments.
o Within this period of time, it should What is one of the remedies of the unpaid seller?
be raffled to a judge of a sala. o File a replevin suit
Immediately, there must be a o The sheriff will seize it but subject to a counter bound 2x the value
hearing. Within the 20d period of the property
(including the first 3 days, so 17d) à
the court must decide on whether or INTERPLEADER
not an PI shall be issued. - A has a property in my possession but I am not the owner. Several people
• What if the court denies the issuance of the PI are claiming to be the owners of the property. What is the remedy of A?
within the period of 20d? o Action for interpleader
o It automatically dissolves the TRO o Let them prove among themselves who the owner of the property
automatically is
- 3 things to prove for the issuance of a PI - RP VS SB CASE
o Clear and existing right o Amount of almost 1.3B in Singapore from the ill-gotten wealth of
o There is violation or there is a about to be a violation or there is a Marcos. There were 6 claimants – the RP, PNB, Human Rights
continuing violation of his right victims, organization set up by Marcos, etc. Singapore Bank filed
o Such violation will result in irreparable damage an interpleader case to know to whom the money rightfully belongs
- THUNDER SECUTIRTY CORP CASE
o There was a contract of services between NFA and thunder. The DECLARATORY RELIEF
contract expired. There was no renewal of said contract. So, there - GR: Filed with the RTC
was a negotiation for a new contract between NFA and a new o E: CHAVEZ VS JBC
security agency. A petition for injunction was filed by Thunder § Went to the SC directly and filed the petiion for DR
against NFA to stop said negotiation. If you were the judge will you because there was already a flagrant violation of the
grant the petition for injunction or PI? Constitution. The members of the JBC should only be 7,
§ NO. but during this time, there were 8 members. The
§ You cannot compel a person to enter into a contract with congress had 2 members in the JBC contending that
you there were two chambers in the congress.
§ The contract has already expired, hence Thunder no § SC:
longer has a right • There should only 1 be representative from the
- Will injunction issue in order to divest you of possession of property> congress
o IT DEPENDS on the nature or kind of injunction that you will ask
for

Dugs DEAN ALBANO REM 27


• The purpose of the 2 chambers of the - VERGANO CASE
congress is for check and balance but there is o Judgment became F&E. Motion for execution. Records have not
no such need in the JBC been remanded to the RTC. Is this a reason to deny the motion for
• Issue was of transcendental importance execution?
• There was flagrant violation of the Consti § NO.
because they were already deliberating and § No need to remand the case to the lower court.
voting in the JBC § The remedy is mandamus or go to the AC. The AC will
• But the nominations were not avoided direct the issuance of the WE. No need to ask for
because of the operative facts doctrine mandamus because this will take longer. The easier way
o OBRECIDO CASE is to go to the court which rendered the final and
§ Filipino citizen who became an American citizen. Asked executory judgment so that it will direct the issuance of
if he can obtain a divorce against Filipino spouse since the WE.
he is already a US citizen. Petition for declaratory relief. - Mandamus will lie to compel the performance of a ministerial act
o It cannot compel a discretionary act \
- FUNDA CASE
64 - COMELEC, COA, CSC o Will mandamus issue to compel the military school to allow a cadet
- COMELEC and COA who committed a violation graduate?
o QJ function – 64 to SC § NO.
o Administrative – 65 to SC § There is no clear and existing right to graduate because
- CSC of the violate of the cadet.
o CA - CASE
o Will mandamus lie to compel the admission of a student to school?
RULE 65 - CPM § NO.
- 65 vs 45

45` 65 QUO WARRANTO


ISSUE Law Jurisdiction - Rule:
PERIOD 15d 60d o Appointive office
- Fresh 15 - Fresh 60d § Solgen or Public prosecutor
o Elective office
PARTIES Appellee – Appellant Sometimes, it is the
- TOPACIO CASE
judge
o A petition for QW was filed by Atty. Topacio against Justice Ong of
Continuation of original Independent proceeding
the SB. According to him, Justice Ong is not a natural born citizen
of the PH – he is a naturalized citizen. According to the law, SB
- They are remedies that are exclusive of one another. They are not
justice should be a natural born citizen.
cumulative. One is not an alternative of other other
§ SC:
- But the SC has sometimes the discretion to treat a 45 as a 65
• Since it is an appointive office – it should be
- AKLAN CASE
the SG or the public prosecutor who should
o The SC in one case treated 38 as 65
institute the case
- AZUCENA CO
• In this case, Atty. Topacio has no standing to
o The appeal from an IO was treated as a 65 by the SC
file the case
- Remedy from an ordinance or law that is being enforced that has not been
- FERNANDEZ CASE
published?
o Private person filed a petition for QW against Congressman saying
o File a petition for prohibition
that such congressman is not a natural-born citizen.
- Mandamus
o SC:
o Will mandamus lie to compel a WE?
§ QW should be filed with the HRET since it is the sole
§ YES.
judge of all ERQ
- GR: It should be filed within 1 year
o E: PRIVANDO CASE

Dugs DEAN ALBANO REM 28


§ The question on eligibility was filed beyond the 1- year - CASE
period because the evidence was not yet available. o Somebody donated a property to the City of Naga. There was a
condition that the donor should be the contractor. The city of Naga
PARTITION violated the condition since it did not get the donor as contractor.
- 2 stages: o SC:
o Determination of co-ownership § X immediately executory because there was a
o Determination of division supervening event - if you are going to eject the city of
naga from the premises, then what will happen to the
people in the City of Naga.
EXPROPRIATION
- 2 stages - May a squatter eject another squatter?
o Determination of authority and purpose o PAHUYO CASE
o Determination of JC § A squatter was trying to eject another squatter in smokey
- Dean Albano: It is IPE mountain.
§ SC:
• YES.
FE AND UD • This is a novel case
- Distinguished • The government did not even bother to
intervene. There is no intervention in summary
FE UD procedure.
Possession is unlawful from the Possession was inceptively lawful • Possession of the property affects the peace
beginning but became unlawful and order of community
1 year from the date of entry or if 1 year from date of last demand • How do you determine?
entry was with the use of stealth, o Who is in actual possession?
from the date of discovery § Plaintiff and defendant
ü need to allege prior physical No need to allege prior physical are both in actual
possession possession possession
o Since when have you been in
- May the court render a judgment on the issue of ownership in FE/UD? possession?
o YES. § Plaintiff – since time
o But such shall only be provisional determination on the issue of immemorial
determination § Defendant – only
o It is only intended to determine the degree of possession of the yesterday
property • Issue is not ownership, only possession
o X RJ • Plaintiff won
- SHOMEART CASE • ü UD
o UD was filed for non-payment of rentals and non-vacation of the
premises. Prayed for MD, unpaid rentals, electric bills, damages? CONTEMPT
o SC: - BILDNER CASE
§ X award the following damages – MD, damages, etc. o The woman was trying to compel her husband to come back to the
§ The only damages that shall be awarded is the amount conjugal dwelling. Filed a petition for HC filed by the wife. X HC.
of rental irrespective of the amount of said rental You cannot compel you husband or wife to live with you. The act of
- What if the decision of the MTC is in favor of the plaintiff? Is it immediately living together is a mere personal and voluntary act. Then after that
executory? came that book, the wife wrote “At the Edge of Heaven.” One of the
o YES. questions asked was “Was the SC a conspirator in trying to divide
o How do you prevent it? the family?” Is there contempt?
§ Appeal + supersedeas bond + deposit of current rentals § SC:
• YES.
• Because even if they are in the form of
questions, the wife was trying to impute

Dugs DEAN ALBANO REM 29


corruption to the SC in deciding the case § If it exceeds 300/400k = RTC
against her. § If it does not exceed 300/400 = MTC
- GONZALES CASE - What is the venue?
o Gonzales was the Tanod Bayan in the 1973 Constitution. Because o Ex. Suppose your father was born in the City of Manila. He lived in
of the 1987 constitutuion, his power was transferred to the the city of Manila up to his death. All his properties are located in
Ombudsman. He was now merely considered as a prosecutor Manila. The heirs reside in Cebu. Can it be filed in Cebu?
hence he can no longer conduct investigations. The problem is that § HAW VS CA
he still conducted investigation • This is not a question of jurisdiction – this is a
o SC: question of venue
§ He can no longer conduct investigation because he is a • GR: You have to file it in the place where the
mere special prosecutor decedent was residing at the time of death
§ Gonzales berated the judicial system. The language was o E: If there is objection, then it can be
very harsh against the SC. “Only the rich can get justice filed in Cebu. It cannot be dismissed
in this country” based on improper venue since it
• Gonzales was suspended indefinitely does not involve a question of
• Cannot invoke freedom of expression jurisdiction, merely venue.
• There was clear and present danger o ESTATE OF SAN LUIS
§ Governor San Luis was born in Laguna. He became the
SETTLEMENT OF ESTATE governor for consecutive 34 years. He died in office. At
- Settlement of the estate comes after death the time of his death, he was a resident of Muntinlupa
- Art 777 of the NCC (Ayala Alabang). The petition for settlement of estate
o Successional rights are transmitted from the moment of death was filed in Makati since Makati had jurisdiction over
o Before death, said rights are merely inchoate Muntinlupa before.
- Presumptive death • GR: It should be filed in Makati
o There can be settlement of estate o E: If it is filed in Laguna without any
o No need for declaration of presumptive death objections
- Judicial settlement estate - How do you settle it?
o Heirs cannot agree o If less than 10k = no need to appoint an administrator
- EJ settlement o If you cannot agree – Judicial settlement
o Heirs can agree o If you can agree – EJ settlement
- Affidavit of Self-Adjudication - Can you insist on an EJ settlement of an estate?
- Can you present evidence of heirship outside the probate proceedings? o Yes. If there is no objection
o GR: NO, you have to present said evidence in the testate or o A judicial settlement is a very tedious and expensive proceeding
intestate proceedings
§ E: CASE INTESTATE PROCEEDING
• There was an affidavit of self-adjudication by - Intestate Estate of Juan Dela Cruz
the father. The children went to court to have - After filing of the same, the procedural requirements for the court to acquire
the affidavit of self-adjudication annulled. Can jurisdiction:
they present evidence of heirship? o Publication
o YES. - After the jurisdiction requirements have been complied it à it will be set for
o In this case, they needed to present hearing
evidence that they are heirs - What will be the first round of battle?
- What court has jurisdiction? o Appointment of administrator of the estate
o MTC/RTC depending on the gross value of the estate – 300/400k § The admin shall be obligated to preserve the properties
- TERNELLA CAE of the estate
o There was a petition for probate of a will. X allege the gross value o Preference in the appointment/designation of admin
of the estate. Case was filed in the RTC. § Surviving spouse or the next of kin
o SC:
§ There must be an allegation of the gross value of the
estate

Dugs DEAN ALBANO REM 30


o SANTOS VS ANGELES o ABSOLUTE MANAGEMENT CASE
§ A and B married. They only had one child. They were § Even if the claim if a mere contingent claim, it can be filed
living separately from one another. A married another as a claim against the estate
woman (C). The second wife wanted to be the § There are 2 proprietorships belonging to a certain Chua.
administrator of the estate. The child said no, she should Mr. Chua borrowed from Joben in order to finance the
be the administrator. How would you decide this? There purchase of construction materials cause Joben is a rich
nd
is a conflict between the SS in the 2 marriage and the MTF. So a check was given to Chua wherein ABC is the
st
descendant in the 1 marriage? payee. Chua instructed Metrobank to deposit it with the
• If both of them are belonging to the same class amount of the XYZ company instead of ABC company
or things being equal, then determine who has (this is a violation of Banking Rules). Mr. Chua thereafter
the GREATER INTEREST OVER THE died. Petition for settlement of estate. The obligation
PROPERTY/ESTATE became due and demandable. Demanded payment from
th
• GREATER INTEREST RULE APPLIES ABC corporation. There was a 4 party complaint against
• Hence, it is the daughter in the first marriage the estate of Mr. Chua. Can this be done?
has greater interest. • NO.
o If there is conflict as to who the admin should be, the court shall • File it as a claim against the estate
appoint a special administrator • It is a contingent claim
rd th
§ No preference here. • Do not file a 3 or 4 party complaint à file it
§ Discretion of the court as a claim against the estate even if it is a
§ Duties of a special admin: mere contingent claim
• Same as that of the regular admin – you have o Remedy if you do not file within the statute of non-claims?
to take care and look after the properties § File a motion for leave to file a claim against the estate
- After the appointment of the administrator à the administrator has to put up § If you can convince the court that you have a justifiable
a bond reason, the court will give you a period of 1 month to file
- Next is publication in order to give notice to the prospective claimants against a claim
the estate so that those who have a claim may now file a claim against the - After you have been appointed as the administrator, your first duty is to submit
estate an INVENTORY
o STATUTE OF NON-CLAIMS - Not less than 6 but not more than o KAMAYA CASE
12 § You cannot put the property in the inventory if it is in the
o Claims against the estate: Should be pure money claims name of a third person
§ Ex. Contract between A and B for sum of money. B died. § This shall be violative of the right to due process of law
There is now a settlement proceeding. Can A file a claim § Remedy:
against the estate? • File an action for recovenyance
• Yes. o Ex. During the lifetime of your father, he bought a property. He
• In relation to Rule 3 – death of a party registered it under the name of his daughter. Can the admin go to
o Claims against the estate court and file an action for recovery of the estate?
§ Pure money claims § YES. If the admin can prove that it was not really donated
§ Expenses for last sickness – that it was merely a trust
§ Expenses for funeral § Go to regular court and ask the court to determine the
§ The claim may be a mere contingent claim or a proven ownership of said property
claim § The court shall then order the recovenyance of the
o Do not fil a claim against the estate if you want to recover a RP or property à then it can be included in the inventory
damages o The inclusion in the inventory is merely provisional
§ SUPLICIO LINES CASE (JB CASE) - The admin cannot perform an act of ownership over the property without the
• There was an action for damages arising from authority of the court
the fact that there was sinking of a vessel. - Can it determine the nature of the contract and ownership of the property?
Filed an action for damages against sulpicio o GR: The probate court does not have jurisdiction because the
lines. Can there be a claim against the estate? regular court has jurisdiction
o NO. § E: If the parties would agree

Dugs DEAN ALBANO REM 31


- Can the probate court determine the nature of the contract? • Why?
o It has to be determined by a court of general jurisdiction o Because preterition annuls the
o VIZCONDE CASE institution of heirs
§ There was a property of the parents of Mrs. Vizconde o This is to prevent further expenses
located in Bulacan. It was sold to the spouses Teresita - Duties and functions of admin/executor of estate:
Vizconde. Then that property was then sold again to o Preservation of the estate
another person. Out of the proceeds of the sale of said o Make payments
property, the property in BF homes was purchased. § Motion for leave to sell property to pay the debts of the
Mother died. Father eventually died also. Petition for estate
settlement of estate of father of Mrs. Vizconde. Probate o Account for the proceeds of the sale
court decided that the property was donated. Was the o SUMULONG ESTATE CASE
court correct? § What was being sold was an immovable. They could not
§ SC: justify the sale of immovable property when there were
• NO. Court cannot determine the nature of still movable properties that could be sold. Judge was
contract asking why they cannot sell the movables first before the
• The proper remedy was for them to file a immovable. Judge was asking why the motor vehicles
petition for reconveyance in a regular court to were not being sold instead of the immovable.
determine the true nature of the contract – § Argument: The proceeds of the sale of the immovable
whether it is a donation or trust or sale will be used to purchase additional motor vehicles which
• The only exception is if the heirs agree are needed to pursue the business of the estate.
- Can the probate court determine the heirs? • Judge: Granted!!!! HUWAW.
o YES. The probate court can determine the heirs. - After claims of the estate have been claimed à project of partition approved
o LIM CASE à distribution of shares of the heirs à after all of these, the administrator
§ One heir showed up saying that he is the illegitimate shall move for the proceedings to be closed
child.
§ SC:
• You have no right to intervene if you are not a ESCHEAT PROCEEDING
th
recognized illegitimate child - No heirs - No relative within the 5 civil degree of consanguinity
- After inventory, claims filed and paid, someone shows up saying that there is - Unclaimed balances act
a WILL!!!! SHET. WHAT WILL HAPPEN NOW?! o Bank account has not been the subject of withdrawal or deposit for
o Go to court and file a petition for probate of will because such will 10 years
shall not pass any rights to you unless the will has been probated o OSG shall file an escheat proceeding
o The intestate proceeding shall be suspended - Suppose there is already an escheat. There is now a judgment. The
o After the will has been probated, file a petition for consolidation properties are not delivered to the Republic. What if a relative appears after
of the case judgment?
o What will happen now to the administrator? o The heir is given 5 years from judgment to claim against the estate
§ He will be set aside o He shall be given a part of the estate
§ The executor shall take over the duties of the admin - CASE
- If the will has been admitted to probate already, what will happen if there is a o There was a rich man living in Forbes Park. Only the rich man and
pending forgery case the house boy was left in the house. The rich man made a will
o The criminal case shall be dismissed based on the principle of RJ bequeathing the property in Forbes Park to the house boy. It was a
o The admission of the will to probate is conclusive as to its due sealed envelope. Problem is that the property has already been
execution and genuineness escheated. There was already judgment and delivery to the RP.
- How do you establish the extrinsic validity of the will? Several years after, the house boy finally opened the sealed
o Ex. Present a witnesses who testify as to the fact that he was envelope. Can the house boy go to the court and have the will
present during the signing of the will probated after 10 years
- NEPOMUCENO CASE § Yes. Because the petition for probate of the will is
o GR: Court cannot decide on the intrinsic validity of the will imprescriptible.
§ E: If it is apparent that there is preterition, then the court § If the house boy proves the will, the property shall be
can decide on the intrinsic validity of the will given to him.

Dugs DEAN ALBANO REM 32


HABEAS CORPUS WRIT OF AMPARO
- Extent of protection: - Extent of protection:
o Liberty of a person o Life, liberty and security
- If there is a person who is detained arbitrarily (if it is a PO) and unlawfully (if - The writ of amparo is more extensive
it a private individual) - There are provisional remedies
- The P. for HC does not need to be crime connected o IO
- SEVERINA CASE o TPO
o If there is a controversy between the father and the mother of the o WPO
child… the mother does not allow the father to go to place of o PO
residence to exercise parental authority - The aggrieved party does not have to go through the hierarchy of courts. You
o ü petition for HC can directly go to the SC
- SANTOS CASE - CAMPOS VS DEL ROSARIO
o A and B are married. They left the child with the mother of A. The o There was a property. You have been occupying the property.
grandmother refused to give back the child to the parents Suddenly, somebody came that he is the owner of the property.
o Remedy: Habeas Corpus Refused to vacate. Unlawful detainer case filed. During the
o When the HC was filed, there was an order of production à after pendency of the case, a group of armed man arrived threatening
the production of the body of the child, the judge dismissed the the occupants. Filed a petition for writ of amparo.
case. o SC:
§ THIS IS NOT CORRECT! § If it is a property related threat, X WA
§ The judge still has to hear the petition for HC because § Not a threat to life, liberty or security
there is a need to present evidence who has better - MANALO CASE
custody o On Valentines day, the Manalos were forcibly taken from their
- RUBI CASE homes. They were transferred from one place to another. They
o There was an ordinance which order the relocation of the were able to escape. They filed a petition for issuance of WA.
Mangyans. Some of the mangyans did not want to vacate hence o Contention of military: They have already escaped from their
they were arrested and detained. They filed a petition for HC. captors. What for is the WA?
§ It was not crime connected but there was detention of the o SC:
Mangyans for refusal to vacate § With more reason that there should be issuance of WA
§ ü HC for their protection
- VILLAVICENCIO VS LUKBAN § Especially so because their captors have already been
o Mayor Lukban arrested all the prostitutes and brought them to identified
Davao. - Criminal case and petition for WA will be consolidated
§ ü HC - Civil case and criminal case already à motion for WA
§ They are not chattels. They cannot just be transferred - If the criminal case was filed ahead of the petition for WA, mere motion for
from one place to another without their consent WA in the criminal case shall suffice
- NIDA BLANCA CASE
o There was a petition for HC because of the enforced WRIT OF HABEAS DATA
disappearance of the killers of Nida Blanca. The General - GAMBOA CASE
contended that he cannot produce the person because such o There was collection of data. During the time of PGMA, the
person was not under his custody. president wanted to dismantle this private armed group of
§ X HC – if the return of the military or police would state politicians. The PNP was directed to gather data of politicians who
that such person is not under his custody were maintaining private armed groups. The police district in Ilocos
- BILDNER CASE Norte gathered the data against Mayor Gamboa. It was reported to
o Cannot compel your husband to live with you via HC the office of the president thru a committee. Because of the
gathering of said data, there was a petition for issuance of Writ of
Habeas Data.
o Is it the duty of the PNP to gather the data against these private
armed groups? Is it unlawful for the government to gather the data?
o SC:

Dugs DEAN ALBANO REM 33


§ Yes, it is the duty of the PNP to gather the data in order - To remove traces of alien lineage
to maintain peace and order in that locality - Continuously and habitually known by such name
§ Gathering of data was not unlawful
§ And such data was not being used unlawfully against
Mayor Gamboa
§ Said data is being used to prevent the private armed
groups from disturbing peace and order in the locality
- ST. THERESA’S COLLEGE SCHOOL
o Kids took pictures of themselves and posted it on facebook. The
friends printed the pictures and showed it to the nuns in the school.
They were not allowed to graduate.
o SC:
§ X violate right to privacy
§ X HD
§ The posting was not “for me only” – it was for friends

WRIT OF KALIKASAN
- DA: Feeling ko, lalabas ito.

CHANGE OF NAME
- If you want to change your name, go to the LCR
o Doctrine of primary jurisdiction
- Can you change your name again?
o NO.
o If you want to change it again, you have to go through adversarial
procedings
o There must be participation of the OSG
o There will be publication à trial à both parties will present their
evidence

CORRECTION OF ENTRY
- If mere clerical or innocuous entry à go to the LCR
o Doctrine of primary jurisdiction
- If substantial change à RTC
o Implead
o MAGPAYO CASE
§ Person contends that he is not a legitimate child since
his parents never married each other. He wants to have
the entry corrected to stated that his parents are not
married and that he is illegitimate. He also wanted to
change his surname to the surname of his mother.
• This should be filed with the court
• Substantial change
• There is a court proceeding à publication à
trial

GROUNDS FOR CHANGE OF NAME


- Ridiculous
- Extremely difficult to pronounce or spell

Dugs DEAN ALBANO REM 34


RULES ON EVIDENCE - MARTINES CASE
o Even if the witness is mentally retarded, he can still be qualified as
EVIDENCE a witness if he can perceive and can communicate his perception
- Evidence is the means that is sanctioned by the rules to ascertain the truth of - CHILD AS A WITNESS
the fact in issue o It depends upon the age of the child
o If the child is already capable of perceiving and communication his
RULE 34 - MOTION FOR JUDGMENT ON THE PLEADING perception = ü witness
- Because all the material allegations in the pleadings are admitted, hence no o Under the Child witness rule, there is a presumption that a child is
need for evidence or trial qualified to be a witness
o Ex. Child is a rape victim. She is only 5 years old.
EVIDENCE IS ADMISSIBLE IF IT IS o Protections afforded to a child:
- Relevant § Livelink TV
o All facts having rationale probative value are admissible § Assisted by a facilitator or guardian
o Logical relation to the fact in issue/allegation - RELATIVE AS A WITNESS
- Competent o The people who are interested in bringing justice to the deceased
o All facts having rationale probative value are admissible victim is the relative of the deceased
§ E: Unless exempted by these rules o They are qualified as witness
- BLIND WITNESS
SEARCHES AND SEIZURES o Blind witness may be qualified to be a witness
- GR: There was search without warrant. The evidence can be suppressed o He can perceive using his other senses such as hearing, smelling,
because such evidence is inadmissible for being fruits of the poisonous tree etc.
o E: o Ex. He heard the gunshots and shouts of the killers
§ If it was not obtained under intimidating circumstances
§ Spontaneous and voluntary statements CAN YOU TESTIFY AGAINST YOUR SPOUSE?
§ Plain view doctrine - Current event: Dean Bau case
o Can the wife testify as to matters communicated without the
SECRET RECORDING consent of the other spouse?
- Anti-wiretapping law violation § If you are the counsel for the wife – rely on the exception
o Cannot be used as evidence § If you are the counsel for Dean Bau – rely on the marital
privilege rule
VIOLATION OF RIGHT AGAINST SELF-INCRIMINATION - Marital privilege
- Excluded - Spousal immunity
- Because the evidence of conviction of the accused will come from the very - ALVAREZ CASE
lips of the accused o Husband poured gasoline and set on fire the house where the
woman was
CASE o The spouse was allowed to testify against the other spouse
- Bantay Bayan conducted investigation. Did not comply with Miranda doctrine. o The relationship was no longer a healthy relationship to the extent
Is the confession admissible? that they have been living separately from each other
o No. o There was no more marital harmony to preserve
o But is it still possible for said person to be convicted of the crime? o The relationship was already irretrievable
§ Yes.
§ If there are other evidence outside the inadmissible ATTY-CLIENT PRIVILEGE
evidence, he may still be convicted if his guilt is proven - Lawyer cannot testify as to matters that were said to him by his clients in the
beyond reasonable doubt. course of professional employment

DOCTOR-PATIENT PRIVILEGE RULE


WHO MAY BE A WITNESS?
- For as long as said person can perceive and is perceiving and can PENINENT-MINISTER RULE
communicate his perception, he can be a witness - If there is a penitential value = ü privileged
- Even a mentally retarded person can testify - If what is being committed is a crim = ü testify

Dugs DEAN ALBANO REM 35


WHO CANNOT TESTIFY? o Trustworthiness
- Matters of communication between H&W o Necessity
o E: if a crime was committed against the H/W by the other or the - It may come in different forms
latter’s direct descendants or ascendants o Oral
o E: Litigation between the spouses o Writing
o Through the wink of the eyes
RES INTER ALIOS ACTA o Nod of the head
- The right of a party cannot be prejudiced by an act, declaration or omission - PEOPLE VS LAZARO
of another o Stabbing incident resulted to the death of A. Before A died, B was
o Exceptions: able to talk to A. Asked A who killed him. Turned towards C. Can B
§ Admission by conspirator testify that there was a dying declaration?
§ Admisson by co-partner or agent § Yes.
§ Admission by privies - If not admissible as dying declaration, it may be admitted as part of res gestae
- ü need to die
HEARSAY EVIDENCE
- GR: X admissible RES GESTAE
- Even if you did not object to the hearsay evidence and even if it is admitted, - There is a startling occurrence
it shall still not be credible. Court has the discretion to give it weight or not. It - X need to die
still has no evidentiary value.

INDEPENDENTLY RELEVANT STATEMENTS DELA CRUZ CASE


- Only to prove that a person uttered certain statement but not to prove the truth - Man admitted in his autobiography that the woman is his lover and that the
of the matter testified about child is his. But before he could sign it, he died. The woman thereafter gave
- PEOPLE VS PEOPLE CASE birth to the child. The woman tried to have the child registered under the name
o Outburst of the woman = res gestae of the father who died. The LCR refused saying that the autobiography has
o Woman who heard the outburst of the woman = independently not been signed by the deceased. Filed a petition for mandamus to compel
relevant statement the LCR.
- 3 witnesses presented:
CIRCUMSTANCIAL EVIDENCE o Woman – testified that she
- The guilt of the accused may be proven through CE o House mate – testified that the woman and man were living
- GRACE POE CASE together as husband and wife
o CE presented proved that grace poe is a natural born citizen o Brother of deceased – testified also that they were living together
§ Foundling as husband and wife
§ Found in front of the church while she was still a baby - SC:
§ No international airport in the province of Iloilo at that o ü allowed by the SC
time o Autobiography – declaration of pedrigree
§ Statistics that almost 1M kids were born during that year o Declaration against interest
when Grace Poe was born – percentage of foreigners § If the SC did not allow the registration, then the child
being born at the time was only .18% would remain to be an illegitimate child
§ Features of Grace Poe – height, nose § It is a declaration against interest as far as the brother
and deceased are concerned
DYING DECLARATION
- Under the consciousness of an impending death BEST EVIDENCE RULE
- SM of the controversy should be the circumstances surrounding the death - If ever there is a contract between 2 parties and such contract has been put
- Hearsay but ü admissible into writing, the writing is considered as the complete repository of the terms
- Doctrine of completeness of Dying declaration and conditions of the agreement between the parties
o The dying declaration must be complete because the prson who is - If the contents of the document would be put in issue, the best evidence would
going to testify on behalf of the decedent is not allowed to continue be the original of the document
the statement of the deceased - If the original is not available, you have to lay the foundation
- Reasons:

Dugs DEAN ALBANO REM 36


o Ex. A and B entered into a contract. There is now a suit between 2. Fails to express the true intent of the parties
them. You have to lay down the foundation in order that the - UY VS CA
secondary evidence may be accepted in court o Contract of sale with right to repurchase of the property located in
- How do you lay the foundation? GH. The total value of the property is 20M but it was sold for a very
o There must be a testimonial sponsor low price – 2.5M. The vendor a retro did not exercise the right to
o Present the secondary evidence and explain why you are repurchase. By the mere lapse of such period, the vendee a retro
presenting secondary evidence shall become the owner of the party by operation of law and he can
o Prove that the original document was indeed executed and existent no exercise his right to consolidate his ownership over the property.
Vendee a retro filed a petition for consolidation of ownership.
OFFER OF EVIDENCE Vendor a retro opposed.
- Make an offer of the document after the trial § ü EQUITABLE MORTGAGE
o Identify the document – Exhibit A § Lay the foundation - It is an equitable mortgage
o State the purpose for which it is being offered because the property was sold for a very low price. He
- Oral testimony only sold it because he needed money for elections in
o Offer it prior to his testimony the Congress.
o State the purpose for which it is being offered § Consideration is unusually inadequate = presumed to be
- When the ground for objection arises, that’s when you should raise the an EM
objection § It will amount to pactum commissorium if he is allowed to
- What if there’s no offer and you conducted a cross-examination? consolidate the title without foreclosure first
o This will cure the defect of lack of offer of the testimony because - Contemporaneous agreement
this is a mere procedural defect o To be admissible, the subject of the contemporaneous agreement
- On the basis of the evidence offered, the court will make findings of facts must be germane or interrelated to the document itself
- If the evidence is not offered, the court will not consider it for the purpose of o MCIAA VS LOZADA CASE
the rendition of the judgment § The property was being acquired for the purpose of
building the airport. The representative of the
LEADING QUESTIONS government assured Lozada that if the property will no
- The answers to the questions are already there in the questions longer be used as an airport, Lozada can buy back the
- GR: ü objectionable property. They did not put such agreement in writing. The
o E: property was not used as an airport. So, Lozada
§ Cross-examination exercised his right to repurchase. The government
§ Child witness representative refused stating that there was no written
§ Preliminary questions agreement as to that effect. The government invoked the
§ Feeble-minded witness statute of frauds.
§ If it is very difficult to obtain an answer from a particular • The contemporaneous agreement is relevant
witness and germane to the contents of the document
§ Witness is very old hence it can modify the terms and conditions
of the contract
MISLEADING QUESTION • You cannot get back the incremental value of
- There is an assumption of a fact that never occurred the property. You should be paid back with
interest.
CROSS-EXAMINATION
- Very wide latitude AUTHENTICATION OF EVIDENCE
- You can impeach the credibility of a witness - If you are presenting a private document, you have to authenticate it
- But sometimes, this is a double bladed instrument - If the document is a public document or ancient document, you do not have
to authenticate it
PAROLE EVIDENCE RULE o E: last will and testament
- Parole or extrinsic evidence is not allowed § Although a will is private in nature, it is a public document
- GR: You cannot change the terms and conditions of the document. because it is notarized
o E:
1. Intrinsic mistake, ambiguity

Dugs DEAN ALBANO REM 37


- PEOPLE VS INOJAS
o Police officers were tracing a group of taxi drivers who were
committing crimes. One of the taxi drivers was being subjected to
surveillance. Apparently, one passenger rode the taxi and left his
cellphone. Used cellphone as evidence to show that the taxi drivers
belonged to the same group committing crimes.
§ But this has to be authenticated
§ The one who sent the message and received the
message must be properly authenticated
- How about telephone conversations?
o If you are familiar with the voice of the person on the phone

ADMISSIONS AND CONFESSIONS


- The admissions in the pleadings and trial are binding upon you
o How do you contract this?
§ Say that there was a palpable error or
§ There was no admission at all
- ESTRADA VS DESIERTO
o DOCTRINE OF ADOPTIVE ADMISSION
§ You did not controvert the facts said by the other party
and heeded to the advice of the other party
§ He resigned based on the advice given to him to leave
the presidency
- INTERLOCKING CONFESSION
o Although the confessions were given on different instances, if they
are interconnected and are of the same nature

RECANTATION
- Recantation is taken extrajudicially hence it is usually not considered by the
court because it may have been influenced by undue pressure or
consideration subject to the discretion of the court

CHILD WITNESS RULE


- A child is presumed to be qualified and competent as a witness
o E: Unless you can prove that the judge is not competent to be a
witness
§ BOP is upon the other party to contest the ability of the
child to perceive and convey his perception
§ VOIRE DIRE EXAMINATION
• Preliminary examination to determine the
competency of the child witness

Dugs DEAN ALBANO REM 38


ENVIRONMENTAL LAW RULES

CITIZEN’S SUIT
- OPOSA VS FACTORAN

WRIT OF KALIKASAN
- Entitled to the preservation of the environment
- There may be a petition for issuance of Writ of Kalikasan if someone is
violating your right
- Thereafter, the court may issue a writ of continuing mandamus in order to
compel an act or series of acts in order to protect the environment
- Magnitude of destruction extending to 2 or more cities or provinces
- CONDOMINIUM CASE
o It was the condominium corporation which filed the petition for
issuance of writ of Kalikasan.
§ Condo corp can represent the owners of the units of the
building in said suit

TAXI CASE
- LTO said no registration of taxi units which are more than 10 years old already
to prevent pollution
- Is this a legitimate exercise of the power of the government?
o YES. To protect the health of people
- Problem: There is now a petition for injunction + PMI + damages in order to
enforce the right to register the said taxi unit
o It is a legitimate exercise of the power of the government to prevent
pollution
o SLAPP – STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
o This is a SLAPP SUIT because the injunction and PMI is being
used to prevent the government from performing its lawful public
functions

GINA LOPEZ CASE


- Gina Lopez said that the mining companies are destroying the seas because
their waste is being thrown in the sea
- A PMI and injunction was issued against her
o This is a SLAPP suit

Dugs DEAN ALBANO REM 39


Dugs DEAN ALBANO REM 40