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Courts of original and appellate jurisdiction Courts of record and not of record
Courts of original jurisdiction – Those courts in Courts of record – Those whose proceedings are
which, under the law, actions or proceedings enrolled and which are bound to keep a written
may be originally commenced. record of all trials and proceedings handled by
them. [Regalado] One attribute of a court of
Courts of appellate jurisdiction – Courts which record is the strong presumption as to the
have the power to review on appeal the veracity of its records that cannot be collaterally
decisions or orders of a lower court. [Regalado] attacked except for fraud. All Philippine courts,
including inferior courts, are now courts of
Courts of general and special jurisdiction record. [Riano]
Courts of general jurisdiction – Those competent Courts not of record – Courts which are not
to decide their own jurisdiction and to take required to keep a written record or transcript of
cognizance of all kinds of cases, unless proceedings held therein.
otherwise provided by the law or Rules.
Principle of Judicial Hierarchy
Courts of special or limited jurisdiction – Those
which have no power to decide their own The judicial system follows a ladderized scheme
jurisdiction and can only try cases permitted by which in essence requires that lower courts
statute. [Regalado] initially decide on a case before it is considered
by a higher court. Specifically, under the judicial
Constitutional and statutory courts policy recognizing hierarchy of courts, a higher
court will not entertain direct resort to it unless
Constitutional courts – Those which owe their the redress cannot be obtained in the
creation and existence to the Constitution and, appropriate courts. [Riano citing Santiago v.
therefore cannot be legislated out of existence or Vasquez (1993)]
deprived by law of the jurisdiction and powers
unqualifiedly vested in them by the Constitution. The principle is an established policy necessary
e.g. Supreme Court; Sandiganbayan is a to avoid inordinate demands upon the Court’s
constitutionally-mandated court but created by time and attention which are better devoted to
statute. those matters within its exclusive jurisdiction,
and to preclude the further clogging of the
Statutory courts – Those created, organized and Court’s docket [Lim v. Vianzon (2006)].
with jurisdiction exclusively determined by law.
[Regalado] When the doctrine/principle may be disregarded:
A direct recourse of the Supreme Court’s original
Courts of law and equity jurisdiction to issue writs (referring to the writs of
certiorari, prohibition, or mandamus) should be
Courts of Law- Those courts which administer allowed only when there are special and
the law of the land. They settle cases according important reasons therefor, clearly and
to law. specifically set out in the petition. [Mangahas v.
Paredes (2007)]. The Supreme Court may
Courts of Equity- Those courts which rules disregard the principle of hierarchy of courts if
according to the precepts of equity or justice. warranted by the nature and importance of the
They settle cases according to the principles of issues raised in the interest of speedy justice
equity referring to principles of justice, fainess and avoid future litigations [Riano].
and fair play.
Doctrine of Non-Interference or Doctrine of
Philippine courts are both courts of law and Judicial Stability
equity. Hence, both legal and equitable
jurisdiction is dispensed with in the same The principle holds that courts of equal and
tribunal [U.S. v. Tamparong (1998)] coordinate jurisdiction cannot interfere with each
other’s orders [Lapu-lapu Development and
Superior and Inferior Courts Housing Corp. v. Group Management Corp.
(2002)] The principle also bars a court from
Superior courts – Courts which have the power of reviewing or interfering with the judgment of a
review or supervision over another and lower co-equal court over which it has no appellate
court. jurisdiction or power of review [Villamor v. Salas
(1991)].
The doctrine of non-interference applies with General Rule: No court has the authority to
equal force to administrative bodies. When the interfere by injunction with the judgment of
law provides for an appeal from the decision of another court of coordinate jurisdiction or to
an administrative body to the SC or CA, it means pass upon or scrutinize and much less declare as
that such body is co-equal with the RTC in terms unjust a judgment of another court
of rank and stature, and logically beyond the
control of the latter [Phil Sinter Corp. v. Cagayan Exception: The doctrine of judicial stability does
Electric Power (2002)]. not apply where a third party claimant is
involved
JURISDICTION
How jurisdiction over the DEFENDANT is acquired
- Acquired by the
1. Voluntary appearance or submission by
the defendant or respondent to the court
JURISDICTION IN GENERAL or
2. By coercive process issued by the court
Jurisdiction is defined as the authority to try, to him, generally by the service of
hear and decide a case [Tolentino v. Leviste summons [de Joya v. Marquez (2006),
(2004)]. citing Regalado]
Judicial power includes the duty of the courts of NOTE: In an action in personam, jurisdiction over
justice: [Art 8, Sec. 1, Constitution] the person is necessary for the court to validly
1. To settle actual controversies involving try and decide the case, while in a proceeding in
rights which are legally demandable and rem or quasi in rem, jurisdiction over the person
enforceable; of the defendant is not a prerequisite to confer
2. To determine WON there has been a jurisdiction on the court provided the latter has
grave abuse of discretion amounting to jurisdiction over the res [Alba v. CA (2005)].
lack or excess of jurisdiction on the part
of any government branch/ JURISDICTION OVER THE SUBJECT MATTER
instrumentality.
Jurisdiction over the subject matter is the power
All courts exercise judicial power. Only the to deal with the general subject involved in the
Supreme Court is the court created by the action, and means not simply jurisdiction of the
Constitution [Art 8, Sec. 1, Constitution]. The particular case then occupying the attention of
Sandiganbayan is a Constitutionally mandated the court but jurisdiction of the class of cases to
court, but it is created by statute. [PD 1486] which the particular case belongs (Riano citing
CJS).
REQUISITES FOR A VALID EXERCISE OF It is the power to hear and determine cases of
JURISDICTION the general class to which the proceedings in
1. Court must have jurisdiction over the question belong [Reyes v. Diaz (1941)]
persons of the parties
2. It must have jurisdiction over the subject
matter of the controversy Jurisdiction versus the exercise of jurisdiction
3. It must have jurisdiction over the res
4. It must have jurisdiction over the issues Jurisdiction: the authority to hear and determine
a cause — the right to act in a case. [Arranza v.
BF Homes (2000)].
JURISDICTION OVER THE PARTIES
‘Exercise of Jurisdiction.’: the exercise of this
The manner by which the court acquires power or authority
jurisdiction over the parties depends on whether
the party is the plaintiff or the defendant. Jurisdiction is distinct from the exercise thereof.
Jurisdiction is the authority to decide a case and
The mode of acquisition of jurisdiction over the not the decision rendered therein. When there is
plaintiff and the defendant applies both to jurisdiction over the subject matter, the decision
ordinary and special civil actions. on all other questions arising in the case is but
an exercise of jurisdiction. [Herrera v. Baretto et
How jurisdiction over the PLAINTIFF is acquired - al (1913)]
Jurisdiction over the plaintiff is acquired by filing
of the complaint or petition. By doing so, he
submits himself to the jurisdiction of the court Error of Jurisdiction as distinguished from Error of
[Davao Light & Power Co., Inc. v CA (1991)]. Judgment
Error of judgment
Error of jurisdiction the prescribed docket fee vest a trial
court with jurisdiction over the subject
It is one which the matter or the nature of the action [CB v.
court may commit in CA (1992)](2008 Bar Exam).
the exercise of its a. Exception: Non-payment of docket fee
It is one where the act jurisdiction [Cabrera does not automatically cause the
complained of was v. Lapid (2006)]. dismissal of the case on the ground of
issued by the court It includes errors of lack of jurisdiction as long as the fee
without or in excess of procedure or is paid within the applicable
jurisdiction [Cabrera v. mistakes in the prescriptive or reglementary period,
Lapid (2006)]. court’s mistakes in more so when the party involved
the court’s findings demonstrates a willingness to abide
[Banco Filipino by the rules prescribing such
Savings v. CA (2000)] payment. [Go v. Tong (2003)]
Correctible only by the
Correctible by appeal
extraordinary writ of
[Cabrera v Lapid Doctrine of Primary Jurisdiction
certiorari [Cabrera v
(2006)]
Lapid (2006)]
Ground for reversal Courts cannot and will not resolve a controversy
only if it is shown that involving a question which is within the
Renders a judgment jurisdiction of an administrative tribunal,
prejudice has been
void or voidable [Rule especially where the question demands the
caused [Banco
16 Sec. 1, Rule 65] exercise of sound administrative discretion
Español-Filipino v
Palanca (1918)] requiring the special knowledge, experience and
services of the administrative tribunal to
determine technical and intricate matters of fact
How conferred and determined: [Paloma v. Mora (2005)].
1. Jurisdiction being a matter of substantive
law, the statute in force at the time of the Objective is to guide a court in determining
commencement of the action determines whether it should refrain from exercising its
the jurisdiction of the court. jurisdiction until after an administrative agency
has determined some question or some aspect
2. It is conferred only by the Constitution or of some question arising in the proceeding
the law. before the court [Riano citing Omictin v. CA
(2007)]
3. Jurisdiction CANNOT be:
a. Fixed by agreement of the parties;
b. Cannot be acquired through, or Doctrine of Adherence of Jurisdiction
waived, enlarged or diminished by,
any act or omission of the parties; Also known as doctrine of continuity of
c. Neither can it be conferred by the jurisdiction
acquiescence of the court [Regalado
citing De Jesus v Garcia (1967)]. The court, once jurisdiction has been acquired,
d. Cannot be subject to compromise retains that jurisdiction until it finally disposes of
[Civil Code, Art 2035] the case [Bantua v. Mercader (2001)].
6. Once attached to a court, it cannot be Objections to Jurisdiction over the Subject Matter
ousted by subsequent statute.
a. Exception: The statute itself When it appears from the pleadings or evidence
conferring new jurisdiction expressly on record that the court has no jurisdiction over
provides for retroactive effect. the subject matter, the court shall dismiss the
[Southern Food v. Salas (1992)] same. (Sec. 1, Rule 9)
7. The filing of the complaint or appropriate The court may on its OWN INITIATIVE object to
initiatory pleading and the payment of an erroneous jurisdiction and may ex mero motu
take cognizance of lack of jurisdiction at any enter into agreement simplifying the
point in the case and has a clearly recognized issues of the case.
right to determine its own jurisdiction [Fabian v. 3. Waiver or failure to object to the
Desierto (1998)]. presentation of evidence on a matter not
raised in the pleadings. Here the parties
Earliest opportunity of a party to raise the issue try with their express or implied consent
of jurisdiction is in a motion to dismiss filed or issues not raised by the pleadings. The
before the filing or service of an answer. Lack of issues tried shall be treated in all respects
jurisdiction over subject matter is a ground for a as if they had been raised in the
motion to dismiss. If no motion is filed, the pleadings.
defense of lack of jurisdiction may be raised as
an affirmative defense in the answer. [Riano
citing Sec. 1(b) and 6 of Rule 16]. JURISDICTION OVER THE RES OR PROPERTY
IN LITIGATION
Jurisdiction over the subject matter may be
raised at any stage of the proceedings, even for Jurisdiction over the res refers to the court’s
the first time on appeal. When the court jurisdiction over the thing or the property which
dismisses the complaint for lack of jurisdiction is the subject of the action.
over the subject matter, it is common reason
that the court cannot remand the case to Jurisdiction over the res may be acquired by the
another court with the proper jurisdiction. Its court
only power is to dismiss and not to make any 1. By placing the property or thing under its
other order. custody (custodia legis)
a. The seizure of the thing under legal
process whereby it is brought into
Effect of Estoppel on Objections to Jurisdiction actual custody of law
b. Example: attachment of property.
General Rule: Estoppel does not apply to confer 2. Through statutory authority conferring
jurisdiction to a tribunal that has none over a upon it the power to deal with the
cause of action. Jurisdiction is conferred by law. property or thing within the court’s
Where there is none, no agreement of the territorial jurisdiction
parties can provide one. Settled is the rule that a. Institution of a legal proceeding
the decision of a tribunal not vested with wherein the power of the court over
appropriate jurisdiction is null and void. the thing is recognized and made
[SEAFDEC-AQD v. NLRC (1992)] effective
b. Example: suits involving the status of
Exception: Participation in all stages of the case the parties or suits involving the
before the trial court, that included invoking its property in the Philippines of non-
authority in asking for affirmative relief, resident defendants.
effectively barred petitioner by estoppel from
challenging the court’s jurisdiction. [Soliven v.
Fastforms (2004)]
CASES COVERED BY THE RULES ON NOTE: It is a condition precedent under Rule 16;
BARANGAY CONCILIATION can be dismissed but without prejudice
Exclusive Jurisdiction
1. All cases involving custody, guardianship, JURISDICTION OF THE
legitimacy, paternity and filiation arising SANDIGANBAYAN
under the Code of Muslim Personal Laws;
2. All cases involving disposition, Original Jurisdiction in all cases involving:
distribution and settlement of estate of 1. Violations of RA 3019 (Anti-Graft and
deceased Muslims, probate of wills, Corrupt Practices Act)
issuance of letters of administration of 2. Violations of RA 1379 (Anti-Ill-Gotten
appointment administrators or executors Wealth Act)
regardless of the nature or aggregate 3. Sequestration cases (E.O. Nos. 1,2,14,14-
value of the property; A)
3. Petitions for the declaration of absence 4. Bribery (Chapter II, Sec. 2, Title VII, Book
and death for the cancellation and II, RPC) where one or more of the
correction of entries in the Muslim principal accused are occupying the
Registries; following positions in the government,
4. All actions arising from the customary whether in permanent, acting or interim
contracts in which the parties are capacity at the time of the commission of
Muslims, if they have not specified which the offense:
law shall govern their relations; and a. Officials of the executive branch
5. All petitions for mandamus, prohibition, occupying the positions of regional
injunction, certiorari, habeas corpus and director and higher, otherwise
all other auxiliary writs and processes in classified as Grade 27 and higher, of
aid of its appellate jurisdiction the Compensation and Position
Classification Act of 1989 (RA 6758)
Concurrent Jurisdiction b. Members of Congress and officials
1. Petitions of Muslim for the constitution of thereof classified as G-27 and up
the family home, change of name and under RA 6758
commitment of an insane person to an c. Members of the Judiciary without
asylum prejudice to the provisions of the
2. All other personal and legal actions not Constitution
mentioned in par 1 (d) wherein the d. Chairmen and Members of the
parties involved are Muslims except those Constitutional Commissions without
for forcible entry and unlawful detainer, prejudice to the provisions of the
which shall fall under the exclusive Constitution
jurisdiction of the MTC. e. All other national and local officials
3. All special civil actions for interpleader or classified as Grade 27 and higher
declaratory relief wherein the parties are under RA 6758
Muslims or the property involved belongs f. Other offenses or felonies committed
exclusively to Muslims by the public officials and employees
mentioned in Sec. 4(a) of RA 7975 as
Cases Cognizable
amended by RA 8249 in relation to laws or special laws administered by
their office BOC;
g. Civil and criminal cases filed pursuant 5. Decisions of the Central Board of
to and in connection with EO Nos. 1, Assessment Appeals in the exercise of its
2, 14-A (Sec. 4, RA 8249) appellate jurisdiction over cases involving
the assessment and taxation of real
NOTE: Without the office, the crime property originally decided by the
cannot be committed. provincial or city board of assessment
appeals;
Appellate Jurisdiction Over final judgments, 6. Decision of the secretary of Finance on
resolutions or orders of the RTC whether in the customs cases elevated to him
exercise of their original or appellate jurisdiction automatically for review from decisions of
over crimes and civil cases falling within the the Commissioner of Customs which are
original exclusive jurisdiction of the adverse to the government under Sec.
Sandiganbayan but which were committed by 2315 of the Tariff and Customs Code;
public officers below Salary Grade 27. 7. Decisions of Secretary of Trade and
Industry in the case of non-agricultural
Concurrent Original Jurisdiction with SC, product, commodity or article, and the
CA, and RTC for petitions for writs of habeas Secretary of Agriculture in the case of
data and amparo agricultural product, commodity or
article, involving dumping duties and
NOTE: The requisites that the offender the counterveiling duties under Secs. 301 and
offender occupies salary Grade 27 and the 302, respectively, of the Tariff and
offense must be intimately connected with the Customs Code, and safeguard measures
official function must concur for the SB to have under RA 8800, where either party may
jurisdiction appeal the decision to impose or not to
impose said duties.
TOTALITY RULE
COMMENCEMENT
subject to the specific rules prescribed for
a special civil action
a. Special
RIGHT OF ACTION vs. CAUSE OF ACTION There is a failure to state a cause of action if the
(Regalado) pleading asserting the claim states no cause of
action. This is a ground for a motion to dismiss.
[Rule 16, Sec.1(g)]
Right of action
Cause of action It is submitted that the failure to state a cause of
action does not mean that the plaintiff has “no
cause of action.” It only means that the
plaintiff’s allegations are insufficient for the court
to know that the rights of the plaintiff were order that the complaint may be
violated by the defendant. [Riano] dismissed.
There is a failure to state a cause of action if Ratio: A party may not institute more than one
allegations in the complaint taken together, do suit for a single cause of action. [Rule 2, Sec. 3]
not completely spell out the elements of a 1. To prevent repeated litigation between
particular cause of action. [Riano] the same parties in regard to the same
subject or controversy;
2. To protect the defendant from
A failure to state a cause of action is not the unnecessary vexation. Nemo debet
same as an absence or a lack of cause of action. vexare pro una et eadem causa (No man
The former refers to an insufficiency in the shall be twice vexed for one and the
allegations of the complaint while the latter same cause);
refers to the failure to prove or to establish by 3. To avoid the costs and expenses incident
evidence one’s stated cause of action. [Riano] to numerous suits. [City of Bacolod v. SM
Brewery (1969)]
Whether or not admitting the facts alleged, the JOINDER OF CAUSES OF ACTION
court could render a valid verdict in accordance
with the prayer of the complaint [Santos v. de It is the assertion of as many causes of action as
Leo (2005)] a party may have against another in one
pleading alone. It is also the process of uniting 2
or more demands or rights of action in one
SPLITTING A SINGLE CAUSE OF ACTION; action. [Riano citing Rule 2, Sec. 5 and CJS]
EFFECTS
By a joinder of actions, or more properly, a
Definition: The act of instituting two or more joinder of causes of action is meant the uniting
suits on the basis of the same cause of action. of two or more demands or rights of action in
[Rule 2, Sec.4] one action, the statement of more than one
cause of action in a declaration [Ada v. Baylon
The act of dividing a single or indivisible cause of (2012)]
action into several parts or claims and bringing
several actions thereon. (Regalado) SPLITTING OF CAUSES JOINDER OF CAUSES
There is a single Contemplates several
The test of singleness of cause of action lies in cause of action causes of action
the singleness of the delict or wrong violating Prohibited Encouraged
the rights of one person. It causes multiplicity It minimizes
of suits and double multiplicity of suits
For a single cause of action or violation of a vexation on part of and inconvenience on
right, the plaintiff may be entitled to several defendant the parties
reliefs. It is the filing of separate complaints for
these several reliefs that constitutes splitting up Ratio: To avoid a multiplicity of suits and to
of the cause of action which is proscribed by expedite disposition of litigation at minimum
Rule 2, Sec. 3 and 4. [City of Bacolod v. SM cost [Ada v. Baylon (2012)]
Brewery (1969)]
The rule however is purely permissive as the
Effects: plaintiff can always file separate actions for each
1. The filing of one or a judgment upon the cause of action. [Baldovi v. Sarte, (1917)]
merits in any one is available as a ground
for the dismissal of the others. [Rule 2, Joinder shall not include special civil actions
Sec.4] governed by special rules. [Ada v. Baylon (2012)]
2. Filing of the 1st complaint may be
pleaded in abatement of the 2nd Requisites [Rule 2, Sec. 5]:
complaint, on the ground of litis 1. The party joining the causes of action
pendentia; or must comply with the rules on joinder of
3. A judgment upon the merits in any of the parties;
complaints is available as ground for 2. The joinder shall not include special civil
dismissal of the others based on res actions or actions governed by special
judicata. rules;
4. A Motion to Dismiss under Rule 16 (litis 3. Where causes of action are between the
pendentia or res judicata) may be filed in same parties but pertain to different
venues/jurisdictions, the joinder may be
allowed in the RTC provided one of the only when the court trying the case has
causes of action are within the RTC’s jurisdiction over all of the causes of action
jurisdiction and the venue lies therein; therein notwithstanding the misjoinder of the
4. TOTALITY RULE - Where the claims in all same. This is because if the court has no
the causes of action are principally for jurisdiction to try the misjoined action, then the
recovery of money, the aggregate same must be severed and if not so severed, any
amount claimed shall be the test of adjudication rendered by the court with respect
jurisdiction. to the same would be a nullity. [Ada v. Baylon
(2012)]
Adverse party may contest: Authority may be Distinguished from Joinder of Causes of Action
contested by the adverse party at any time - In joinder of causes of action, it is enough
before judgment is rendered if the cause of action arises out of the
- If the court determines after hearing that same contract
the party declared indigent has sufficient - Unlike permissive joinder of parties, in
income or property, the proper docket joinder of causes of action, there is no
and other lawful fees shall be assessed need for a common question of fact or
and collected by the clerk of court law
Where the plaintiff is uncertain against whom of A party is misjoined when he is made a party to
several persons he is entitled to relief, he may the action although he should not be impleaded.
join any or all of them in the alternative,
although a right to relief against one may be A party is not joined when he is supposed to be
inconsistent with a right to relief against the joined but is not impleaded in the action. (Riano)
other. (Rule 3, Sec. 13)
Effect:
1. Neither misjoinder nor non-joinder of
COMPULSORY AND PERMISSIVE JOINDER OF parties is a ground for dismissal of an
PARTIES action. [Rule 3, Sec. 11]
a. Non-joinder of an indispensable party general interest in reputation of a specific
is not a ground for outright dismissal. individual. Each of the sugar planters has a
Reasonable opportunity must be given separate and distinct reputation in the
for his inclusion by amendment of the community not shared by the others. [Riano
complaint [Cortez v Avila (1957)]. citing Newsweek, Inc. v. Intermediate Appellate
b. In case of non-joinder of a necessary court (1986)]
party, if the court should find the
reason for such omission A class suit does not require a commonality of
unmeritorious, it may order the interest in the questions involved in the suit.
inclusion of such omitted necessary What is required by the Rules is a common or
party general interest in the subject matter of the
2. Parties may be dropped or added by litigation. [Riano citing Mathay v. Consolidated
order of the court on motion of any party Bank &Trust Company (1974)]
or on its own initiative at any stage of the
action and on such terms as are just. Class Suit Permissive Joinder of
[Rule 3, Sec.11] Parties
There is a single There are multiple
Objections to defects in parties: Objections to cause of action causes of action
defects in parties should be made at the earliest pertaining to separately belonging
opportunity. numerous persons. to several persons.
- The moment such defect becomes
apparent, a motion to strike the names of
the parties must be made. Class Suit Derivative Suit
- Objections to misjoinder cannot be raised
for the first time on appeal [Lapanday An action brought by
Agricultural & Development Corporation minority shareholders
v. Estita (2005)] in the name of the
corporation to redress
wrongs committed
CLASS SUIT against it, for which
When the subject
the directors refuse to
Requisites: (Rule 3, Sec. 12) matter of the
sue.
1. Subject matter of the controversy is one controversy is one of
of common/general interest to many common or general
It is a remedy
persons; interest to many
designed by equity
2. The persons are so numerous that it is persons, and the
and has been the
impracticable to join them all as parties parties are so
principal defense of
(i.e. impracticable to bring them all numerous that it is
the minority
before the court); impracticable to bring
shareholders against
3. Parties bringing the class suit are them all before the
abuses by the
sufficiently numerous and representative court, one or more
majority.
of the class and can fully protect the may sue or defend for
interests of all concerned; the benefit of all.
In a derivative action,
4. The representative sues/defends for the [Rule 3, Sec. 12]
the real party in
benefit of all. interest is the
corporation itself, not
Any party in interest shall have the right to the shareholders who
intervene to protect his individual interest. [Rule actually instituted it
3, Sec. 12] [Lim v. Lim Yu (2001))
The service of summons may be effected upon The substitute defendant need not be
all the defendants by serving upon any of them, summoned. The order of substitution shall be
or upon the person in charge of the office or served upon the parties substituted for the court
place of business maintained under such name. to acquire jurisdiction over the substitute party
[Rule 14, Sec. 8] [Ferreria v Vda de Gonzales (1986)].
If no legal representative is named or if the one General rule: The rule does not consider the
so name shall fail to appear within the specified transferee an indispensable party. Hence, the
period, the court may order the opposing party action may proceed without the need to implead
him.
are several plaintiffs, in which case the
Exception: When the substitution by or joinder of remaining plaintiffs can proceed with their own
the transferee is ordered by court. cause of action.
After the lapse of time to file an answer, the plaintiff may move to declare the
If defendant
motion denied:
in default
Defendant allowed to file an answer
If motion granted:
Court issues order of default and renders judgment or require plaintiff to submit evidence ex parte
FILING AND SERVICE OF PLEADINGS It is not simply the filing of the complaint or
appropriate initiatory pleading but the payment
PAYMENT OF DOCKET FEES of the prescribed docket fee, that vests a trial
Court sets aside order of default and defendant is allowed to filewith
court an answer
jurisdiction over the subject matter or
As a rule, the court acquires jurisdiction over the nature of the action [Proton Pilipinas v. Banque
case only upon payment of prescribed fees National de Paris (2005)]
Presentation of plaintiff’s evidence ex-parte
General rule: Without payment, case is Effect of Failure to Pay Docket Fees at Filing
considered not filed. PaymentCase
of docket fees is
set for pre-trial
mandatory and jurisdictional. 1. The Manchester Rule: Manchester v. CA
(1987)
a. Automatic Dismissal
If plaintiff proves his allegations:If plaintiff fails proves his allegations:
Judgment by default Case is dismissed
b. Any defect in the original pleading 10. Similar papers.
resulting in underpayment of the
docket fees cannot be cured by
amendment, such as by the reduction PERIODS OF FILING OF PLEADINGS
of the claim as, for all legal purposes,
there is no original complaint over PERIOD
which the court has acquired PLEADING PERIOD COUNTED
jurisdiction FROM
Service of
2. Relaxation of the Manchester Rule by Sun summons,
Insurance v. Asuncion (1989) unless a
a. NOT automatic dismissal different
b. Court may allow payment of fees Within 15 days
period is fixed
within reasonable period of time. Note by the court
that payment should always be within (Rule 11, Sec.
the prescriptive period of the action 1
filed. Within 30 days if
the defendant is a
3. Further modification by Heirs of Hinog v. Answer to foreign private Receipt of
Melicor (2005) the juridical entity summons
a. Fees as lien Complaint and service of (Rule 11, Sec.
b. Where the trial court acquires summons is made 2)
jurisdiction over a claim by the filing on government
of the pleading and the payment of official
the prescribed filing fee, BUT At least 60 days
SUBSEQUENTLY, the judgment awards In case of non- Service of
a claim not specified in the pleading, resident extrajudicial
or cannot then be estimated, or a defendant on summons
claim left for determination by the whom (Sec. 15, Rule
court, then the additional filing fee extrajudicial 14)
shall constitute a lien on the judgment service is made
Answer to Within 15 days Service of a
4. Exception to the Sun Insurance doctrine: AMENDED (if amendment copy of the
Gochan v. Gochan Complaint was a matter of amended
a. The Sun Insurance rule allowing (amended right) complaint
payment of deficiency does not apply counterclai
where plaintiff never demonstrated m, cross-
any willingness to abide by the rules claim, 3rd Notice of the
to pay the docket fee but stubbornly Within 10 days
party order
insisted that the case filed was one (if amendment
complaint, admitting the
for specific performance and was not a matter
complaint same (Rule 11,
damages. of right)
in Sec. 3)
interventio
n)
FILING VERSUS SERVICE OF PLEADINGS Answer to
From service
Counterclai
Filing - The act of presenting the pleading or Within 10 days (Rule 11, Sec.
m or Cross-
other paper to the clerk of court. [Rule 13, Sec. 4)
Claim
2] Same rule as
Answer to
answer to the
Service - The act of providing a party or his third (4th, Within 15 days
complaint
counsel with a copy of the pleading or paper etc)- party
(Rule 11, Sec.
concerned. [Rule 13, Sec. 2] complaint
5)
From service
Papers required to be filed and served: (Rule 13, of the
Sec. 4) pleading
1. Pleading subsequent to the complaint; Reply Within 10 days
responded to
2. Appearance; (Rule 11, Sec.
3. Written Motion; 6)
4. Notice; Answer to Within 10 days From notice of
5. Order; supplemen the order
6. Judgment; tal admitting the
7. Demand; complaint same, unless a
8. Offer of Judgment; different
9. Resolution; period is fixed
by the court 2. Registered Mail - The date of mailing is
the date of filing
NOTE: Upon motion and on such terms as may a. Date of filing is determinable from 2
be just, the court may extend the time to plead sources:
provided in these Rules. The court may also, (1) From the post office stamp on the
upon like terms, allow an answer or other envelope
pleading to be filed after the time fixed by these (2) From the registry receipt
Rules. [Rule 11, Sec. 11]
b. It is done by depositing in the post
office:
MANNER OF FILING (1) In a sealed envelope
(2) Plainly addressed to the party or
As per Rule 13, Sec. 3: his counsel
1. Personally (a) At his office if known
a. By By personally presenting the (b) Otherwise, at his residence if
original to the clerk of court. known
b. The pleading is deemed filed upon the (3) Postage fully pre-paid
receipt of the same by the clerk of (4) With instructions to the
court who shall endorse on it the date postmaster to return the mail to
and hour of filing. the sender after 10 days if
c. If a party avails of a private carrier, undelivered
the date of the court’s actual receipt
of the pleading (not the date of Substituted Service (Rule 13, Sec. 8)
delivery to the private carrier) is 1. Done by delivery of the copy to the clerk
deemed to be the date of the filing of of court with proof of failure of both
that pleading. [Benguet Electric personal and service by mail
Cooperative v. NLRC (1992)] 2. Proper only when:
a. Service cannot be made personally or
2. By Registered Mail by mail
a. Filing by mail should be through the b. Office and place of residence of the
registry service (i.e. by depositing the party of his counsel being unknown
pleading in the post office). 3. Service is complete at the time of such
b. The pleading is deemed filed on the delivery
date it was deposited with the post
office.
SERVICE OF JUDGMENTS, FINAL ORDERS, OR
Filing a pleading by facsimile is not sanctioned. RESOLUTIONS (Rule 13, Sec. 9)
But fax was allowed in an extradition case
(Justice Cuevas v. Juan Antonio Munoz) Service is done either:
1. Personally
2. By registered mail
MODES OF SERVICE 3. By publication ONLY IF:
a. Party is summoned by publication
Personal Service (Rule 13, Sec. 6) AND
1. Delivering personally a copy to the party, b. He failed to appear in the action
who is not represented by a counsel, or to
his counsel; or NOTE: There is NO substituted service of
2. Leaving a copy in counsel’s office with his judgments and final orders
clerk or with a person having charge
thereof; or
3. Leaving the copy between 8am and 6pm PRIORITIES IN MODES OF SERVICE AND FILING
at the party’s or counsel’s residence, if
known, with a person of sufficient age General rule: Personal filing and service is
and discretion then residing thereon – if preferred. (Rule 13, Sec. 11)
not person is found in his office, or if his
office is unknown, or if he has no office Resort to other modes of filing and service must
be accompanied by an explanation why the
Service by Mail (Rule 13, Sec. 7) service/filing was not done personally. If there is
1. Ordinary Mail - it does not constitute filing no written explanation, the paper is considered
until the papers are actually delivered not filed.
into the custody of clerk or judge
a. Service may be done by ordinary mail Exception: Papers emanating from the court.
if no registry service is available in the
locality of either sender or addressee
WHEN SERVICE IS DEEMED COMPLETE
clients, because he was so busy. [Bayog v.
Completeness of Natino]
Proof of service
service (Rule 13
(Rule 13 Sec. 13)
Sec. 10)
Personal service PROOF OF FILING
Written admission of
the party served, OR 1. Filing is proved by its existence in the
Official return of the record of the case (Rule 13, Sec. 12)
server OR
Upon actual delivery Affidavit of the party 2. If it is not in the record:
serving, with a full
statement of the When pleading is
Proof of filing
date/place/manner of deemed filed
service. Personally
Service by ordinary mail Upon receipt of the Written/stamped
10 days after Affidavit of the person pleading by the clerk acknowledgment by
mailing, unless mailing of facts of court the clerk of court
otherwise provided showing compliance By registered mail
by the court with Sec. 7 of Rule 13. Registry receipt, and
Service by registered mail affidavit of the person
Affidavit of the person who did the mailing
Whichever is earlier: with:
mailing of facts
showing compliance (a) Full statement
Actual receipt by the of the
with Sec. 7 of Rule 13
addressee date/place of
OR depositing the
AND
5 days after the mail in the
addressee received post office in a
Registry receipt issued On the date the
1st postmaster's sealed
by the post office pleading was
notice (Constructive) envelope
deposited with the
addressed to
Substituted Service post office
the court
At the time of delivery of the copy to the clerk (b) Postage fully
of court together with proof of failure of both paid
personal service and service by mail (c) Instructions to
the
Purpose of the rule on completeness of service postmaster to
for service by registered mail: return the mail
to the sender
To make sure that the party being served with after 10 days
the pleading, order or judgment is duly informed if undelivered
of the same so that such party can take steps to
protect the interests, i.e., enable to file an
appeal or apply for other appropriate reliefs
before the decision becomes final. [MINTERBRO PROOF OF SERVICE (Rule 13, Sec. 13)
v,CA (2012)]
MODE PROOF OF SERVICE
Service to the lawyer binds the party. But service A written admission of
to the party does not bind the lawyer, unless the party served, OR
ordered by the court in the following The official return of
circumstances: the server; OR
1. When it is doubtful who the attorney for Personal Service Affidavit of the party
such party is; or serving containing a
2. When the lawyer cannot be located; or full statement of the
3. When the party is directed to do date, place, and
something personally, as when he is manner of service
ordered to show cause. [Retoni, Jr. v. CA] Affidavit of the person
mailing stating the
Notice to the lawyer who appears to have been Service by ordinary
facts showing
unconscionably irresponsible cannot be mail
compliance with Rule
considered as notice to his client, as it would 13, Sec. 7
then be easy for the lawyer to prejudice the Service by registered Affidavit of person
interests of his client by just alleging that he just mail mailing containing
forgot every process of the court affecting his facts showing
compliance with Rule
13, Sec. 7, AND 2. Instances:
Registry receipt issued a. Substantial amendment – before
by mailing office; OR responsive pleading is filed
The registry return (1) Amendment of complaint before
card which shall be an answer is filed.
filed immediately upon (2) Amendment of answer before a
its receipt by the reply is filed or before the period
sender, or in lieu for filing a reply expires
thereof of the (3) Amendment of reply any time
unclaimed letter within 10 days after it is served
together with the b. Formal amendment
certified or sworn copy
of the notice given by
the postmaster to the AMENDMENTS BY LEAVE OF COURT (Rule 10,
addressee. Sec. 3)
Effect of Invalid Summons Return When Service has been Completed (Rule
14, Sec. 4)
1. The server shall serve a copy of the Defendant
return to the plaintiff’s counsel Rule 13, Sec. 6 Rule 14, Sec. 6
a. Within 5 days therefrom Personal service Service is only made
b. Personally or by registered mail includes: on defendant himself
2. The server shall return the summons 1. Service on the
a. To the clerk who issue it party or his
b. Accompanied by proof of service counsel; or
2. By leaving a
It is required to be given to the plaintiff’s counsel copy with the
in order to enable him: clerk or person
1. To move for a default order should the having charge
defendant fail to answer on time, or of his office; or
2. In case of non-service, so that alias 3. Leaving it with
summons may be sought a person of
sufficient age
In either of the 2 cases, server must and discretion
serve a copy of the return on plaintiff’s at the party’s or
counsel within 5 days from completion or counsel’s
failure of service residence
ALIAS SUMMONS (Rule 14, Sec. 5) SUBSTITUTED SERVICE OF SUMMONS (Rule 14,
Sec. 7)
Upon plaintiff’s demand, the clerk may issue an
alias summons if either: It is only when the defendant cannot be served
1. Summons is returned without being personally within a reasonable time and for
served on any/all of the defendants. justifiable reasons that a substituted service may
2. Summons was lost. be made.
The server shall also serve a copy of the return How Done:
on the plaintiff's counsel within 5 days 1. By leaving copies of the summons at the
therefrom, stating the reasons for the failure of defendant’s residence with some person
service of suitable age and discretion residing
therein; or
2. By leaving the copies at defendant’s
MODES OF SERVICE OF SUMMONS office or regular place of business with
some competent person in charge thereof
Modes:
1. Personal Service (Rule 14, Sec. 6) Necessary Requisite: For substituted service of
2. Substituted Service (Rule 14, Sec. 7) summons to be valid, it is necessary to establish
3. Service by Publication (Rule 14, Sec. 14, the following:
15, 16) 1. The impossibility of the personal service
of summons within a reasonable time
NOTE: Summons cannot be served by mail 2. The efforts exerted to locate the person
- Where service is made by publication, a to be served; and
copy of the summons and order of the 3. Service upon:
court shall be sent by registered mail to a. A person of sufficient age and
last known address of defendant (Sec. 15) discretion residing in the same place
Resort to registered mail is only as defendant or
complementary to the service of b. Some competent person in charge of
summons by publication his office or regular place of business
But it does not mean that service by (Spouses Ventura v. CA, 1987)
registered mail alone would suffice
Meaning of RESIDENCE
1. For a substituted service to be valid,
PERSONAL SERVICE OF SUMMONS (Rule 14, Sec. summons served at the defendant’s
6) residence must be served at his residence
AT THE TIME OF SERVICE; not his former
How Done: place of residence
1. By handing a copy of summons to him; or 2. “dwelling house” or “residence” refers to
2. If he refuses to receive it, by tendering it the dwelling house at the time of service
to him 3. They refer to the place where the person
named in the summons is living at the
Personal Service of Personal Service of time of when the service is made, even
Pleadings Summons on
though he may be temporarily out of the The Rule on Non-Resident Defendants (Extra-
country at that time (Venturanza v. CA) territorial Service); Rule 14, Sec. 15
PROOF OF SERVICE
SERVICE UPON PRISONERS AND MINORS
The proof of service of summons (Rule 14, Sec.
Service of Summons on Different Entities: 18):
1. Shall be made in writing
DEFENDANT SERVICE OF SUMMONS 2. It shall:
Entity a. Set forth the manner, place, date of
Upon any or all the defendants
without service
being sued under common
juridical b. Specify any papers which may have
name; or person in charge of
personality been served with the process and the
the office
(Sec. 8) name of the person who received the
In case of minors: by serving same
upon: c. Shall be sworn to when made by a
1. The minor, regardless of person, other than the sheriff or his
age, AND deputy
2. Upon his legal guardian,
or also upon either of his If service has been made by publication, service
parents may be proved by: (Rule 14, Sec. 19)
In case of incompetents: by 1. The affidavit of the printer, his foreman,
Minors and serving on: or principal clerk; or of the editor,
incompetent 1. Him personally AND business or advertising manager
s (Sec. 10) 2. Upon his legal guardian, Copy of the publication shall be
but not upon his parents, attached
unless they are his legal
guardians 2. AND an affidavit showing:
In any event: if the minor or a. The deposit of a copy of the
incompetent has no legal summons; and
guardian, the plaintiff must b. Order of publication in the post office,
obtain the appointment of a postage prepaid, directed to
guardian ad litem for him defendant by registered mail to his
Serve to either: (Exclusive last known address
enumeration)
Domestic
1. The president, Effect of Defect of Proof of Service:
private
2. Managing partner, 1. Where sheriff’s return is defective,
juridical
3. General manager, presumption of regularity in the
entity (Sec.
4. Corporate secretary, performance of official functions will not
11)
5. Treasurer, or lie
6. In- house counsel 2. Defective return is insufficient and
Service may be done on: incompetent to prove that summons was
1. The resident agent; indeed served
Foreign 2. If no resident agent; 3. Party alleging valid summons will now
private a. The government prove that summons was indeed served
juridical official designated by 4. If there is no valid summons, court did
entity (Sec. law; or not acquire jurisdiction which renders null
12) b. Any officer or agent and void all subsequent proceedings and
of the corporation issuances
within the Philippines
Requisites of motions (not made in open court or Proof of Service (Rule 15, Sec. 6)
in the course of hearing/trial)
General Rule: A written motion set for hearing
1. It must be in writing; [Rule 15, Sec. 2] will not be acted upon by the court if there is no
proof of service thereof.
Exception: Oral motions
What may be proof:
2. Hearing on the motion set by the 1. If by registered mail: Affidavit or registry
applicant receipt or postmark on envelope or return
card, with an explanation.
Motion Day (Rule 15, Sec. 7) - Except for 2. If by personal service: Affidavit or
urgent motions, motions are scheduled acknowledgment of receipt by the other
for hearing: party.
a. On Friday afternoons;
b. Afternoon of the next working day, if Exceptions:
Friday is a non-working day.
1. If the motion is one which the court can MOTIONS FOR BILL OF PARTICULARS
hear ex parte.
2. If the court is satisfied that the rights of DEFINTION
the adverse parties are not affected by
the motion. It is a detailed explanation respecting any matter
3. If the party is in default because such a which is not averred with sufficient
party is not entitled to notice. definiteness/particularity in the complaint as to
enable a party to properly prepare his responsive
pleading or to prepare for trial. [Rule 12, Sec. 1]
OMNIBUS MOTION RULE
PURPOSE AND WHEN APPLIED FOR
Definition: A motion attacking a pleading/ order/
judgment/ proceeding must include all objections It is filed by the plaintiff pursuant to a court
then available. All objections not included in the order issued upon granting a motion for Bill of
motion are deemed waived. Particulars filed by the defendant before the
latter files an answer.
Purpose: To require the movant to raise all - In said motion, the defendant prays for a
available exceptions for relief during a single more definite statement of matters which
opportunity so that multiple and piece-meal are not averred with sufficient
objections may be avoided definiteness in the complaint.
- An action cannot be dismissed on the
Exception: When the court’s jurisdiction is in ground that the complaint is
issue: vague/indefinite. The remedy of the
1. Lack of jurisdiction over subject-matter; defendant is to move for a Bill of
2. Litis pendentia; Particulars or avail of the proper mode of
3. Res judicata; discovery. [Galeon v. Galeon (1973)]
4. Prescription.
Purpose: to define/ clarify/ particularize/ limit/
circumscribe the issues in the case to expedite
LITIGATED AND EX PARTE MOTIONS the trial and assist the court.
- The only question to be resolved in a
Kinds of Motion motion for a Bill of Particulars is WON the
1. Motion Ex Parte - Made without allegations in the complaint are averred
notification to the other party because with sufficient definiteness/ particularity
the question generally presented is not to enable the movant to properly prepare
debatable. his responsive pleading and to prepare
2. Litigated Motion - Made with notice to the for trial. [Tantuico, Jr. v. Republic (1991)]
adverse party so that an opposition - A Bill of Particulars becomes part of the
thereto may be made. pleading for which it was intended. [Rule
3. Motion Of Course - Motion for a kind of 12, Sec. 6]
relief/remedy to which the movant is
entitled to as a matter of right, When Applied For: [Rule 12, Sec. 1]
Allegations contained in such motion do 1. Before responding to a pleading
not have to be investigated/verified. 2. If the pleading is a reply, within 10 days
4. Special Motion - Discretion of the court is from service thereof
involved. An investigation of the facts
alleged is required. What a Motion for a Bill of Particulars should
point out: (Rule 12, Sec. 1)
1. The defects complained of;
PRO FORMA MOTIONS 2. The paragraph wherein they are
contained;
Definition - A motion failing to indicate time and 3. The details desired.
date of the hearing
What cannot be done in a Bill of Particulars:
- To supply material allegations necessary
to the validity of a pleading
- To change a cause of action or defense
stated in the pleading
- To state a cause of action or defense
other than that one stated
- To set forth the pleader’s theory of his
cause of action or a rule of evidence on
which he intends to reply
- To furnish evidentiary information
ACTIONS OF THE COURT Bill of Particulars Intervention
Upon the filing of the motion, the clerk must Purpose is to enable a
immediately bring it to the attention of the court. party bound to
Purpose is to enable a
respond to a pleading
The court may: (Rule 12, Sec. 2) person not yet a party
to get more details
1. Deny to an action, yet
about matters which
2. Grant the motion outright having a certain right
are alleged generally
3. Allow the parties the opportunity to be or interest in such
or which are indefinite
heard action, the
and vague,
opportunity to appear
and be joined
so as to properly
COMPLIANCE WITH THE ORDER AND EFFECT OF guide such party in
NONCOMPLIANCE so he could assert or
answering the
protect such right or
pleading and to avoid
Compliance with Order (Rule 12, Sec. 3) – If interest
surprise in the trial of
motion is granted wholly/partially: the case
1. Within 10 days from notice of order, Bill of Available to any
Particulars or a more definite statement person not yet a party
should be submitted (unless court fixes a to the action at any
different period). Available to the
time after the
2. Bill of Particulars or definite statement defendant before he
commencement of an
filed either as a separate pleading or as files his responsive
action, even during
an amended pleading, a copy of which pleading
the proceeding, but
must be served on the adverse party. not after the trial has
been concluded
Effect of Non-Compliance (Rule 12, Sec. 4) –
1. In case of non-compliance or insufficient Effect of Motion:
compliance with the order for Bill of 1. If the motion is granted, in whole or in
Particulars, the court: part,
a. May order the striking out of the a. The movant can wait until the bill of
pleading (or portion thereof) to which particulars is served on him by
the order is directed; OR opposing party
b. Make such order as it may deem just. b. Then he will have the balance of the
reglementary period within which to
2. If a party fails to obey: file his responsive pleading
a. If the plaintiff fails to obey, his 2. If the motion is denied
complaint may be dismissed with a. He will still have such balance of the
prejudice unless otherwise ordered by reglementary period to file his
the court. [Rule 12, Sec. 4; Rule 17, responsive pleading, counted from
Sec. 3] service of the order denying his
b. If defendant fails to obey, his answer motion
will be stricken off and his
counterclaim dismissed, and he will IN ANY CASE: The party will have at least
be declared in default upon motion of 5 days to file his responsive pleading
the plaintiff. [Rule 9, Sec. 3; Rule 12,
Sec. 4; Rule 17, Sec. 4]
It is not a responsive pleading. It is not a Lack of Jurisdiction (LOJ) over the Defendant’s
pleading at all. It is subject to the omnibus Person
motion rule since it is a motion that attacks a
pleading. Hence, it must raise all objections The objection of LOJ over the person on account
available at the time of the filing thereof. of lack of service or defective service of
summons, must be raised:
Types of Dismissal of Action: 1. At the very first opportunity;
1. MTD before answer under Rule 16; 2. Before any voluntary appearance is
2. MTD under Rule 17: made.
a. Upon notice by plaintiff;
b. Upon motion by plaintiff; In La Naval Drug Corp. v. CA, et al. the Court
c. Due to fault of plaintiff. held that while lack of jurisdiction over the
3. Demurrer to evidence after plaintiff has person of defendant may be duly and
completed the presentation of his seasonably raised, his voluntary appearance in
evidence under Rule 33; court without qualification is a waiver of such
4. Dismissal of an appeal. defense.
Period to File: Within the time for, but before Appearance of counsel is equivalent to
filing of, the answer to the complaint or pleading summons, unless such is made to protest the
asserting a claim jurisdiction of the court over the person of the
defendant. If grounds other than invalid service
Exceptions: of summons are raised, it cannot be considered
a. For special reasons which may be as a special appearance. [De los Santos v.
allowed even after trial has begun, a Montesa (1993)]
motion to dismiss may be filed
b. The court has allowed the filing of a NOTE: Sec. 20, Rule 14 makes a categorical
motion to dismiss where the evidence statement that the inclusion in a motion to
that would constitute a ground for dismiss of other grounds aside from lack of
dismissal was discovered during trial jurisdiction over the person of the defendant
shall not be deemed voluntary appearance on
General Rule: A court may NOT motu propio his part.
dismiss a case, unless a motion to that effect is
filed by a party.
Where a motion to dismiss for improper venue is It does not require that the later case be
erroneously denied, the remedy is prohibition dismissed in favor of the earlier case. To
(Enriquez v. Macadaeg) determine which case should be abated, apply:
1. The More Appropriate Action Test;
Where the plaintiffs filed the action in a court of 2. The Interest of Justice Test, taking into
improper venue and thereafter submitted to its account:
jurisdiction, the issue of venue was thereby a. Nature of the controversy;
waived and they are in estoppel to repudiate or b. Comparative accessibility of the court
question the proceedings in said court (Vda. De to the parties;
Suan, et al. v. Cusi, et al.) c. Other similar factors.
Objection to venue is also impliedly waived In both tests, the parties’ good faith shall be
where the party enters into trial, cross-examines taken into consideration.
the witnesses of the adverse party and adduces
evidence (Paper Industries Corp of the The 1st case shall be abated if it is merely an
Philippines v. Samson et al.) anticipatory action or defense against an
expected suit. The 2nd case will not be abated if
it is not brought to harass. [Vitrionics Computers
Plaintiff’s Lack of Legal Capacity to Sue: v. RTC (1993)]
Rationale: The sum and substance of the whole Estoppel and prescription cannot be invoked
doctrine is that a matter once judicially decided against the State (Republic v. CA)
is finally decided because of:
1. Public policy and necessity makes it the A motion to dismiss on the ground of prescription
interest of the State that there should be will be given due course only if the complaint
an end to litigation; shows on its face that the action has already
2. The hardship on the individual that he prescribed (Sison v. McQuaid)
should be vexed twice for the same
cause. [Nabus v. CA (1991)] If it is not apparent on its face, take note that
Sec. 3 prohibits deferment of the resolution of
Two concepts of res judicata [Abalos v. CA 1993) the motion. Thus:
1. Bar by prior judgment – Judgment on the 1. Evidence may be received in support of
merits in the 1st case constitutes an the motion under Sec. 2, Rule 16; or
absolute bar to the subsequent action not 2. The motion to dismiss should be denied
only as to every matter which was offered without prejudice to the complaint’s
and received to sustain or defeat the dismissal if evidence disclose that the
claim/demand, but also to any other action had already prescribed (Sec. 1,
admissible matter which might have been Rule 9)
offered for that purpose and to all
matters that could have been adjudged in
that case. (Asked in the 2002 Bar Exam) Complaint States No Cause of Action
2. Conclusiveness of judgment – Where the Failure to state a cause of action (not lack of
2nd action between the parties is upon a cause of action) is the ground for a MTD. The
different claim/demand, the judgment in former means there is insufficiency in the
the 1st case operates as an estoppel only allegations in the pleading. The latter means
with regard to those issues directly that there is insufficiency in the factual basis of
controverted, upon the determination of the action.
which the judgment was rendered.
The failure to state a cause of action must be
evident on the face of the complaint itself.
Statute of Limitations
Test: Assuming the allegations and statements
Prescription applies only when the complaint on to be true, does the plaintiff have a valid cause
its face shows that indeed the action has already of action?
prescribed.
A MTD based upon the ground of failure to state
If the fact of prescription is not indicated on the a cause of action imports a hypothetical
face of the complaint and the same may be admission by the defendant of the facts alleged
brought out later, the court must defer decision in the complaint.
on the motion until such time as proof may be
presented on such fact of prescription. If the court finds the allegations of the complaint
to be sufficient but doubts their veracity, it must
deny the MTD and require the defendant to
Prescription Laches answer and then proceed to try the case on its
merits.
Concerned with the Concerned with the
fact of delay effect of delay A complaint containing a premature cause of
A matter of time A matter of equity action may be dismissed for failure to state a
Statutory Not statutory cause of action.
Applies in law Applies in equity
Based on fixed time Not based on fixed If the suit is not brought against the real party-
time in-interest, a motion to dismiss may be filed on
the ground that the complaint states no cause of 6. A representation as to the credit of a third
action. [Tanpinco v. IAC (1992)] person.
The court’s resolution on the MTD must clearly General rule: The action/claim may be re-filed.
and distinctly state the reasons therefor.
Exception: The action cannot be re-filed
(although subject to appeal) if it was dismissed
REMEDIES OF PLAINTIFF WHEN THE COMPLAINT on any of the following grounds:
IS DISMISSED 1. Res judicata;
2. Prescription;
If the motion is granted, the complaint is 3. Extinguishment of the claim/demand;
dismissed. Since the dismissal is final and not 4. Unenforceability under the Statute of
interlocutory in character, the plaintiff has Frauds. [Rule 16, Sec. 1 (f),(h),(i)]
several options:
1. Depending upon the ground for the WHEN GROUNDS PLEADED AS AFFIRMATIVE
dismissal of the action, the plaintiff may DEFENSES
REFILE the complaint,
a. These are orders of dismissal which is If no motion to dismiss had been filed, any of the
not tantamount to an adjudication on grounds for dismissal may be pleaded as
the merits affirmative defenses and a preliminary hearing
b. e.g when ground for dismissal is may be had at court’s discretion. (Rule 16, Sec.
anchored on improper venue. 6)
2. He may APPEAL from the order of NOTE: The dismissal of the complaint under this
dismissal where the ground relied upon is section shall be without prejudice to the
one which bars refilling of complaint prosecution in the same or separate action of a
a. The grounds which bar re-filing are: counterclaim pleaded in the answer.
(1) Res judicata
(2) Prescription If the defendant would not want to file a
(3) Extinguishment of the obligation counterclaim, he should not file a motion to
(4) Violation of Statutes of Fraud dismiss
Instead, he should allege the grounds
3. The plaintiff may also avail of a petition of a motion to dismiss as affirmative
for certiorari, alleging grave abuse of defenses in his answer with a
discretion. [Riano] counterclaim
A preliminary hearing may be had
thereon, and in the event the
REMEDIES OF THE DEFENDANT WHEN MOTION IS complaint is dismissed, defendant can
DENIED prosecute his counterclaim (Herrera)
DISMISSAL OF ACTIONS
DISMISSAL UPON MOTION BY PLAINTIFF;
DISMISSAL UPON NOTICE BY PLAINTIFF; EFFECT ON EXISTING COUNTERCLAIM (Rule
TWO-DISMISSAL RULE (Rule 17, Sec. 1) 17, Sec. 2)
Dismissal by plaintiff as a matter of right Under this section, dismissal of the complaint is
subject to the discretion of the court and upon
Dismissal is effected not by motion but by mere such terms and conditions as may be just.
notice of dismissal which is a matter of right
before the service of: Generally, Dismissal is Without Prejudice
1. The answer; or General Rule: Dismissal is without prejudice
2. A motion for summary judgment Exceptions:
1. When otherwise stated in the motion to
The dismissal as a matter of right ceases when dismiss; or
an answer or a motion for summary judgment is 2. When stated to be with prejudice in the
served on the plaintiff and not when the answer order of the court
or the motion is filed with the court.
Effect on Counterclaim:
Dismissal NOT Automatic - It requires an order
by the court confirming the dismissal. Until If counterclaim has been pleaded by defendant
confirmed, the withdrawal does not take effect prior to service upon him of plaintiff’s motion for
dismissal, dismissal shall be limited to the
Generally, Dismissal is Without Prejudice complaint
General Rule: Dismissal is without prejudice - Remember that if the civil case is
Exceptions: dismissed, so also is the counterclaim
1. Where the notice of dismissal so provides; filed therein
or It was held that if the court does not
2. Where the plaintiff has previously have jurisdiction to entertain the main
dismissed the same case in a court of action of the case and dismiss the
competent jurisdiction (Two Dismissal case, then the compulsory
Rule) counterclaim, being ancillary to the
3. Even where the notice of dismissal does principal controversy must likewise be
not provide that it is with prejudice but it dismissed (Metals Engineering
is premised on the fact of payment by the Resources v. CA)
defendant of the claim involved (Serrano - However, under this section, if a
v. Cabrera) counterclaim has been pleaded by a
defendant PRIOR to the service upon him
Two Dismissal Rule - when the same complaint of the plaintiff’s motion for dismissal, the
had twice been dismissed by the plaintiff without dismissal shall be limited to the
order of the court by simply filing a notice of complaint.
dismissal, the 2nd dismissal operates as an
adjudication on the merits. Such dismissal shall be without prejudice to the
right of the defendant to either:
1. Prosecute his counterclaim in a separate c. Since plaintiff’s presence is now
action; required only during the presentation
a. In this case, the court should render of his evidence in chief, his absence
the corresponding order granting and during the presentation of defendant
reserving his right to prosecute his or other parties’ evidence, or even at
claim in a separate complaint rebuttal or subsequent stages, is not a
2. OR to have the same resolved in the ground for dismissal.
same action
a. In this case, defendant must manifest 2. To prosecute his action for an
such preference to the trial court unreasonable length of time (nolle
within 15 days from notice to him of prosequi);
plaintiff’s motion to dismiss a. The test for dismissal of a case due to
failure to prosecute is WON, under the
NOTE: These alternative remedies of the circumstances, the plaintiff is
defendant are available to him regardless chargeable with want of due diligence
of whether his counterclaim is in failing to proceed with reasonable
compulsory or permissive promptitude. [Calalang v. CA (1993)]
b. The dismissal of an action pursuant to
this rule rests upon the sound
DISMISSAL DUE TO FAULT OF PLAINTIFF discretion of the court ( Smith Bell and
(Rule 17, Sec. 3) Co. v. American President Lines Ltd.)
c. The action should never be dismissed
Distinction between Sec. 2 and Sec. 3 of Rule 17 on a non-suit for want of prosecution
when the delay was caused by the
SECTION 2 SECTION 3 parties looking towards a settlement.
Dismissal is not (Goldloop Properties Inc. v. CA)
Dismissal is at the procured by plaintiff
instance of the though justified by 3. To comply with the Rules or any court
plaintiff causes imputable to order.
him a. The order must be valid
Dismissal is a matter b. Failure to comply with order:
of procedure, without Dismissal is a matter (1) Dismissal for failure to comply
prejudice unless of evidence, an with order to amend complaint to
otherwise stated in adjudication on the make claims asserted more
the court order or on merits definite is ground for dismissal
motion to dismiss (Santos v. General Wood Craft)
Dismissal is without (2) Failure to comply with an order to
prejudice to the right include indispensable parties is
of defendant to ground for dismissal (Aranico-
Dismissal is without Rubino v. Aquino)
prosecute his
prejudice to the right (3) The failure to comply with order of
counterclaim in a
of defendant to new judge to recall witness so he
separation action
prosecute his may observe demeanor is
unless within 15 days
counterclaim on the sufficient ground for dismissal
from notice of motion
same or separate (Castillo v. Torres)
he manifests his
action c. Failure to comply with rules
intention to have his
counterclaim resolved (1) The failure of the parties to submit
in the same action a compromise agreement within
period granted to them by court is
Dismissal under this Section not a ground for dismissal
(Goldloop Properties Inc. v. CA)
The case may be dismissed motu proprio or (2) Dismissal is improper where a 3rd
upon the defendant’s motion if, without party complaint has been
justifiable cause, plaintiff fails either: admitted and the 3rd party
1. To appear on the date of the presentation defendant had not yet been
of his evidence-in-chief on the complaint; summoned (Sotto v. Valenzuela)
a. The plaintiff’s failure to appear at the (3) A case may be dismissed for
trial after he has presented his failure to answer written
evidence and rested his case does not interrogatories under Rule 25 even
warrant the dismissal of the case on without an order from the court to
the ground of failure to prosecute. answer. (Arellano v. CFI- Sorsogon)
b. It is merely a waiver of his right to
cross-examine and to object to the Effect of Dismissal:
admissibility of evidence. [Jalover v. General Rule: Dismissal of actions under Sec. 3
Ytoriaga (1977)] which do not expressly state whether they are
with or without prejudice are held to be with
prejudice on the merits Provisions of Rule 17 shall apply to the dismissal
Exceptions: of any counterclaim, cross-claim, or third-party
1. The court declares otherwise, without complaint
prejudice to the right of the defendant to
prosecute his counter-claim in the same Voluntary dismissal by claimant by notice as in
or separate action Sec. 1, shall be made:
2. If court has not yet acquired jurisdiction 1. Before a responsive pleading or motion
over the person of the defendant for summary judgment is served; or
2. If there is none, before introduction of
Effect on Counterclaim: evidence at trial or hearing
Remedy of Party who has been non-suited: PROCEEDINGS AFTER TERMINATION OF PRE-
1. For a non-suited plaintiff: TRIAL
a. Motion to set aside the order of non-
suit Record of Pre-Trial: The pre-trial proceedings
b. Affidavit of merit is not necessary in a shall be recorded. Upon termination of such
simple motion for reconsideration of proceedings, the court shall issue the pre-trial
the order of non-suit EXCEPT as to order.
show the cause of the failure to
appear at the pre-trial (Jonathan Contents of Pre-Trial Order:
Landoil International Inc. v. 1. Matters taken up in the conference;
Mangudadatu) 2. Action taken thereon;
3. Amendments allowed on the pleadings;
2. For a non-suited defendant: 4. Agreements/admissions made by the
a. File a motion for reconsideration parties as to any matters considered;
without need for affidavits of merits 5. Should the action proceed to trial, the
regarding the fraud, accident, explicit definition and limit of the issues
mistake, or excusable negligence to be tried.
(Lucero v. Dacayo)
Effect of Pre-Trial Order: The contents of the
order shall control the subsequent course of the
action; UNLESS:
1. Modified before trial to prevent manifest
injustice (Rule 18, Sec. 7)
PRE-TRIAL BRIEF; EFFECT OF FAILURE TO 2. Issues impliedly included therein or may
FILE be inferable therefrom by necessary
implication (Velasco v. Apostol)
Rule 18, Sec. 6 makes it the MANDATORY duty of 3. Amendment to conform to evidence (Rule
the parties to seasonably file their pre-trial briefs 10, Sec. 5)
under the conditions and with the sanctions
provided therein.
On Compromise:
When to File Pre-Trial Brief: Parties shall file and - Upon manifestation of the parties of their
serve their respective pre-trial briefs, ensuring willingness to discuss a compromise, the
receipt by adverse party at least 3 days before TC should order the suspension of the
the date of the pre-trial. proceedings to allow them reasonable
time to discuss and conclude an amicable
Contents of a Pre-Trial Brief settlement.
1. Statement of their willingness to enter - If despite all efforts exerted by the TC and
into amicable settlement or alternative the parties the settlement conference still
modes of dispute resolution, indicating fails, then the action should have
the desired terms thereof; continued as if no suspension had taken
2. Summary of admitted facts and proposed place. [Goldloop Properties v. CA (1992)]
stipulation of facts; - NOTE: AM 03-1-09-SC - No termination of
3. Issues to be tried/resolved; pre-trial for failure to settle
4. Documents/exhibits to be presented,
stating the purpose thereof;
5. Manifestation of their having availed or DISTINCTION BETWEEN PRE-TRIAL IN CIVIL
their intention to avail themselves of CASE AND PRE-TRIAL IN CRIMINAL CASE
discovery procedures or referral to
commissioners;
6. Number and names of the witnesses, and Civil Case Criminal Case
the substance of their respective
testimonies. [AM No. 03-1-09-SC] Set when the Ordered by the
plaintiff moves ex court and no motion
Failure to File Pre-trial Brief: Failure to file the parte to set the to set the case for
pre-trial brief shall have the same effect as case for pre-trial pre-trial is required
failure to appear at the pre-trial. [Rule 18, Sec. 1] from either the
prosecution or the
Remedy of defendant is to file a motion for defense [Rule 118,
reconsideration, showing that his failure to file a Sec. 1]
Made after the Ordered by the
pleading has been court after The Alternative Dispute Resolution System
served and filed arraignment and Means any process or procedure used to resolve
[Rule 18, Sec. 1] within 30 days from a dispute or controversy, other than by
the sate the court adjudication of a presiding judge of a court or an
acquired jurisdiction officer of a government agency, as defined in
over the person of this Act, in which a neutral third party
the accused [Rule participates to assist in the resolution of issue
118, Sec. 1] [RA 9285, Sec. 3]
Considered the Does not include
possibility of an the considering of Policy Behind the ADR: To actively promote party
amicable the possibility of autonomy in the resolution of disputes or the
settlement as an amicable freedom of the party to make their own
important objective settlement of one’s arrangements to resolve their disputes [RA 9285,
[Rule 118, Sec. criminal liability as Sec. 2]
2(a)] one of its purposes
[Rule 118, Sec. 1] In Relation to Pre-Trial:
The arrangements (Stricter procedure) 1. At the start of the pre-trial conference,
and admissions in All agreements or the judge shall immediately refer the
the pre-trial are not admissions made or parties and/or their counsel if authorized
required to be entered during the by their clients to the PMC mediation unit
signed by both pre-trial conference for purposes of mediation if available.[AM
parties and their shall be reduced in No. 03-1-09-SC]
counsels. Under the writing and signed
Rules, they are by both the accused 2. The pre-trial briefs of parties must include
instead to be and counsel; the parties’ statement of their willingness
contained in the otherwise, they to enter into an amicable settlement
record of pre-trial cannot be used indicating the desired terms thereof or to
and pre-trial order against the submit the case to any of the alternative
[Rule 18, Sec. 7] accused. [Rule 118, modes of dispute resolution [AM No. 03-1-
Sec. 2] 09-SC]
[AM No. 03-1-09] -
requires the Exception to the Application of RA 9285:
proceedings during 1. labor disputes covered by the Labor
the preliminary Code;
conference to be 2. the civil status of persons;
recorded in the 3. validity of a marriage;
“Minutes of 4. any ground for legal separation;
Preliminary 5. the jurisdiction of courts;
Conference” to be 6. future legitime;
signed by both 7. criminal liability; and
parties and/or 8. those which by law cannot be
counsel. compromised.
(Note: either party
or his counsel is Modes of Alternative Dispute Resolutions:
allowed to sign)
The sanctions for Sanctions are 1. Arbitration (RA 9285, Sec. 1)
non-appearance are imposed upon the a. A voluntary dispute resolution process
imposed upon the counsel for the in which one or more arbitrators,
plaintiff and the accused or the appointed in accordance with the
defendant [Rule 18, prosecutor [Rule agreement of the parties, or rules
Sec. 4] 118, Sec. 3] promulgated pursuant to this Act,
A pre-trial brief is A pre-trial brief is resolve a dispute by rendering an
specifically required not specifically award\
to be submitted required. b. Different Kinds:
[Rule 18, Sec. 6] (1) Domestic Arbitration – an
arbritration that is not
international; governed by RA 876
ALTERNATIVE DISPUTE RESOLUTION (ADR) (Arbitration Law) [RA 9285, Sec.
Special Rules of Court on ADR (AM No. 07- 32]
11-08-SC) (2) International Arbitration - An
arbitration is international if:
The parties may be submitted to ADR during pre- (a) the parties to an arbitration
trial. If ADR fails, judge will schedule the agreement have, at the time of
continuance of the pre-trial conference the conclusion of that
agreement, their places of 9. Recognition and Enforcement or Setting
business in different States; or Aside of an Award in International
(b) one of the following places is Commercial Arbitration;
situated outside the State in 10. Recognition and Enforcement of a Foreign
which the parties have their Arbitral Award;
places of business [Article 3, 11. Confidentiality/Protective Orders; and
Model Law on International 12. Deposit and Enforcement of Mediated
Commercial Arbritration] Settlement Agreements.
TRIAL
If evidence is insufficient to prove plaintiff’s cause of action or defendant’s counterclaim, court rules in favor
SUBPOENA Kinds:
1. Subpoena duces tecum (SDT)
DEFINITION 2. Subpoena ad testificandum (SAT)
4. Order and Examination: If the court is Purpose - This mode of discovery is availed of by
satisfied that the perpetuation of the the party to the action for the purpose of
testimony may prevent a failure or delay eliciting material and relevant facts from any of
of justice, it shall make an order the adverse party. [Rule 25, Sec. 1]
designating or describing the persons
whose deposition may be taken and Service of Interrogatories to Parties – Any party
specifying the subject matter of the desiring to elicit material and relevant facts from
examination and whether the depositions any adverse party shall file and serve upon the
shall be taken upon oral examination or adverse party written interrogatories to be
written interrogatories. answered by the party served.
Grounds:
1. They require the statements of
conclusions of law or answers to
hypothetical questions or opinion, or REQUEST FOR ADMISSION (Rule 26)
mere hearsay, or matters not within the
personal knowledge of the interrogated Rule 26, as a mode of discovery, contemplates
party interrogatories seeking clarification in order to
2. Frivolous interrogatories need not be determine the truth of the allegation in a
answered (Herrera) pleading.
Procedure:
Court Order:
1. The court may:
a. Order any party to produce and
permit the inspection and copying or
photographing,
(1) By or on behalf of the moving
party
(2) Of any designated documents, PHYSICAL AND MENTAL EXAMINATION OF
papers, books, accounts, letters, PERSONS (Rule 28)
photographs, objects or tangible
things, not privileged, which When available: In an action in which the mental
constitute or contain evidence or physical condition of a party is in controversy.
material to any matter involved in (Rule 28, Sec. 1)
the action - NOTE: It is the mental and physical
(3) And which are in his possession, condition of a PARTY not a WITNESS that
custody or control is in controversy
GENERAL RULE: When an issue exists, trial is AGREED STATEMENT OF FACTS (Rule 30, Sec.
necessary. Decision should not be made without 6)
trial.
The parties may agree in writing upon the facts
EXCEPTIONS: When there may be judgment involved in the litigation and submit the case for
without trial judgment in the facts agreed upon without the
1. Judgment on the pleading (Rule 34) introduction of evidence
2. Summary Judgment (Rule 35)
3. Judgment on Compromise If the parties agree only on some of the facts in
4. Judgment on Confession issue, trial shall be held as to the disputed facts
5. Dismissal with Prejudice (Rule 17) in such order as the court shall prescribe.
6. Judgment under Rule on Summary
Procedure, and Stipulation Of Facts in Stipulation Of Facts in
7. Stipulation of fact Civil Cases Criminal Cases
May be signed by the Must be signed by
counsel alone who both counsel and
ADJOURNMENTS AND POSTPONEMENTS has an SPA accused
(Rule 30, Sec. 2) May be made verbally Strict; it must always
or in writing be in writing
GENERAL RULE: A court may adjourn a trial from
day to day, and to any stated time, as the An agreed statement of facts is conclusive on
expeditious and convenient transaction of the parties, as well as on the court. Neither of
business may require the parties may withdraw from the agreement,
nor may the court ignore the same. [McGuire v.
LIMITATION: The court has no power to adjourn a Manufactures Life]
trial for:
1. A period longer than one month for each
adjournment; or ORDER OF TRIAL; REVERSAL OF ORDER
2. More than 3 months in all (Rule 30, Sec. 5)
EXCEPTION: Unless authorized in writing by General Rule: Trial shall be limited to the issues
the Court Administrator, SC stated in the pre-trial order.
Where the answer of the defendant This provision permitting separate trials
admitted the obligation stated in the presupposes that the claims involved are within
complaint, although special defenses the jurisdiction of the court
were pleaded, the plaintiff has every right - When one of the claims is not within its
to insist that it was for the defendant to jurisdiction, the same should be
come forward with evidence to support dismissed, so that it may be filed in the
his special defenses (Yu v. Mapayo) proper court
MOTION GRANTED
Denial of demurrer MOTION DENIED BUT REVERSED ON
Grant of demurrer
APPEAL
The case shall be The defendant shall Movant shall have the Movant is deemed to
dismissed have the right to right to present his have waived his right
present evidence evidence to present evidence.
The decision of the
The court should set appellate court will be
the date for the based only on the
reception of the evidence of the
plaintiff as the complaint acquittal.
defendant loses his The judgment of
right to have the case dismissal is
remanded for appealable.
reception of his If plaintiff appeals and
evidence judgment is reversed
Denial is by the appellate
INTERLOCUTORY court, it will decide Judgment of acquittal
Order of the court is
Sec. 1, Rule 36 (that the case on the basis is NOT appealable.
an ADJUDICATION ON
judgment should state of plaintiff’s evidence Double jeopardy sets
THE MERITS
clearly and distinctly with the consequence in.
Hence, the
the facts and the law that the defendant
requirement in Sec. 1,
on which it is based) already loses his right
Rule 36 should be
will NOT apply. to present evidence.
complied with
The denial is NOT There is no res
appealable judicata in dismissal
due to demurrer.
The plaintiff files a
The court may motu
DEMURRER TO EVIDENCE IN CIVIL CASES motion to deny
proprio deny the
VERSUS CRIMINAL CASES motion to demurrer to
motion
evidence
CIVIL CASES CRIMINAL CASES If court denies the
May be filed with or demurrer filed with
without leave of court. leave, accused may
Leave of court is present his evidence.
Defendant need not
necessary so that the If court denies the If court denies the
ask for leave of court
accused could present demurrer, defendant demurrer filed without
his evidence if will present his leave, accused can no
demurrer is denied evidence longer present his
If the court finds If the court finds the evidence and submits
plaintiff’s evidence prosecution’s evidence the case for decision
insufficient, it will insufficient, it will based on the
grant demurrer by grant demurrer by prosecution’s evidence
dismissing the rendering judgment of
JUDGMENTS AND
ineffective. [Corpus v. Sandiganbayan
(2004)]
6. Judgment must state clearly the facts and
POST-JUDGMENT DEFINITION
The motions are filed with the court which Court action – The court may: (Rule 37, Sec. 3)
rendered the questioned judgment or final order. 1. Set aside the judgment or final order and
grant a new trial; or upon such terms as
The period for appeal is within 15 days after may be just
notice to the appellant of the judgment or final 2. Deny the motion
order appealed from. The 15-day period is 3. Amend such judgment or final order
deemed to commence upon receipt by the accordingly if:
counsel of record, which is considered notice to a. The court finds that excessive
the parties. Service upon the parties themselves damages have been awarded or that;
is prohibited and is not considered as official or
receipt of judgment. b. That the judgment or final order is
contrary to the evidence or law
Effect of Filing – The filing of a timely motion
interrupts the period to appeal. Resolution (Rule 37, Sec. 4) – he motion shall be
resolved within 30 days from submission
FORM AND CONTENTS (Rule 37, Sec. 2)
The 30-day period to resolve the motion is held
Form: to be mandatory [Gonzales v. Bantolo (2006)]
1. The motion must comply with the
provisions of Rule 15 otherwise it will not GRANT OF THE MOTION; EFFECT
be accepted for filing and/or will not
Grant of motion for reconsideration - The court to run again from receipt of the notice of the
may amend the judgment or final order movant of the order denying his motion (fresh 15
accordingly. The amended judgment is in the day period) (Phil. Commercial and Industrial
nature of a new judgment, which supersedes the Bank v. Ortiz)
original judgment.
Remedies if Motion is DENIED:
Grant of motion for new trial - The original 1. To appeal from the judgment or final
judgment shall be vacated, and the action shall order itself
stand for trial de novo. The recorded evidence 2. The order denying the motion may itself
upon the former trial shall be used at the new be assailed by a petition for certiorari
trial without retaking them (if they are material under Rule 65
and competent). 3. Rule 37, Sec. 9 says that an order
denying a motion for new trial or
Partial grant – Rule 37, Sec. 7 allows the court to reconsideration is NOT appealable
order a new trial or grant reconsideration as to a. NOTE HOWEVER: AM 07-7-12
such issues if severable without interfering with amended Sec. 1 of Rule 41 by
the judgment or final order upon the rest. deleting “An order denying a motion
for new trial or reconsideration” from
the non-appealable orders.
REMEDY WHEN MOTION IS DENIED; FRESH
15-DAY RULE
MOTION FOR MOTION FOR
Effect of Denial of Motion – The judgment or final NEW TRIAL RECONSIDERATION
order shall stand as is Grounds: Grounds:
1. Fraud, 1. Damages
Single-Motion Rule (Rule 37, Sec. 5) – A party accident, awarded are
shall not be allowed to file a 2nd motion for mistake, or excessive
reconsideration. excusable 2. That evidence
- Follow the Omnibus Motion Rule negligence is insufficient to
2. Newly justify the
NOTE: While a 2nd motion for reconsideration is discovered decision or final
not allowed, a second motion for new trial is evidence order
authorized Note the 3. That decision
- However, it must be based on a ground qualificatio or final order is
not existing nor available when the 1 st ns of each contrary to law
motion was made within the period Second motion from
allowed but excluding the time during Second motion may the same party is
which the first motion had been pending. be allowed so long as prohibited.
based on grounds not The prohibition applies
Fresh 15-Day Rule: The aggrieved party has a existing or available only to final orders or
“fresh period” of 15 DAYS within which to file his at the time the first judgments, hence it is
appeal. motion was made allowed in
interlocutory orders
If the motion is denied, the movant has a “fresh If the court finds that
period” of 15 days from receipt or notice of the If a new trial is excessive damages
order denying the motion for new trial or motion granted, original have been awarded or
for reconsideration within which to file an judgment or final that the judgment or
appeal. (Neypes v. CA, 2005) order is vacated. final order is contrary
The case stands for to the evidence or law,
NOTES: trial de novo and will it may amend such
1. This fresh period becomes significant only be tried anew judgment or final order
when a party opts to file a motion for new accordingly
trial or reconsideration Available even on Available against the
2. This rule does not refer to the period appeal but only on the judgments or final
within which to appeal from the order ground of newly orders or both the trial
denying the motion for reconsideration discovered evidence and appellate courts
but to the period within which to appeal Both are prohibited motions under Summary
from the judgment itself. Procedure
Filing of a proper motion for new trial interrupts
the running of the period of appeal which begins
APPEALS IN GENERAL 1. Not a natural right nor a part of due
process
NATURE OF APPEAL 2. It is merely a statutory right, and may be
exercised only in the manner and in
accordance with provisions of the law. It Not appealable
must comply with the requirements; except through a
failing to do so, the right to appeal is lost Appealable petition for
3. Once granted, appeals become part of certiorari under Rule
due process and should be liberally 65
applied in favor of the right to appeal Must clearly and
No need to comply
distinctly state the
with such a
law and the facts
JUDGMENTS AND FINAL ORDERS SUBJECT requirement
on which it is based
TO APPEAL; MATTERS NOT APPEALABLE
An interlocutory order is one that does not finally
Rule 41, Sec. 1, as amended by AM 07-7-12-SC dispose of the case, and does not end the court's
(2007) provides: task of adjudicating the parties’ contentions and
1. Appeal may be taken from a judgment or determining their rights and liabilities as regards
final order that completely disposes of each other, but obviously indicates that other
the case, or of a particular matter therein things remain to be done. [BPI v. Lee (2012)]
when declared by the Rules to be
appealable
REMEDY AGAINST JUDGMENTS AND ORDERS
2. No appeal may be taken from: WHICH ARE NOT APPEALABLE
a. An order denying a petition for relief
or any similar motion seeking relief The aggrieved party may file a special civil
from judgment; action under Rule 65. (Rule 41, Sec. 1)
b. An interlocutory order;
c. An order disallowing or dismissing an
appeal; MODES OF APPEAL
d. An order denying a motion to set 1. Ordinary appeal – Rule 40 and 41
aside a judgment by consent, a. Notice of appeal
confession or compromise on the b. Record on appeal
ground of fraud, mistake or duress, or 2. Petition for review – Rule 42
any other ground vitiating consent; 3. Petition for review on certiorari – Rule 45
e. An order of execution;
f. A judgment or final order for or PETITION FOR
against one or more of several parties ORDINARY PETITION FOR
REVIEW ON
or in separate claims, counterclaims, APPEAL REVIEW
CERTIORARI
cross-claims and third-party Appeal by
complaints, while the main case is Rule 42 Rule 45
writ of error
pending, unless the court allows an Case is Case decided Case decided
appeal therefrom; and decided by by RTC in the by the RTC,
g. An order dismissing an action without RTC in its exercise of its CA, CTA, and
prejudice. original appellate Sandiganbaya
jurisdiction jurisdiction n
NOTE: AM 07-7-12-SC removed from Petition for
the original list “an order denying a Appealed to Appealed to
review with
motion for new trial or the CA the SC
the CA
reconsideration.” File verified
File a verified
petition for
NOTE, HOWEVER: Rule 37, Sec. 9 petition for
review on
which states that no appeal can be review with
File notice of certiorari with
made from an order denying MR or CA.
appeal or the SC.
MNT. Pay docket
record of Pay docket
and lawful
appeal with and lawful
Only final judgments or orders can be appealed fees and P500
court of fees and P500
as distinguished from interlocutory judgments or as deposit for
origin and for costs.
orders which are not appealable. costs with the
give a copy Submit proof
CA.
to adverse of service of a
Furnish RTC
party copy to the
Final Order Interlocutory Order and adverse
lower court
party a copy of
and adverse
Disposes of the such
Does not dispose of party
matter in its Within 15 Within 15 days Within 15
a case completely
entirety, leaving days from from notice of days from
but leaves
nothing more to be notice of decision to be notice of
something more to
done but to enforce judgment for reviewed or judgment or
be decided upon.
execution notice of from denial of order of
appeal and the most
30 days for denial of MFR compelling
a MFR or MFNT
records on or MFNT reasons and
appeal in no case
longer than
15 days.
QJA to CA
ISSUES TO BE RAISED ON APPEAL The CA may
grant a 15
Limited to cognizable judgments/issues. day
15 days from notice extension.
The appellate court has no jurisdiction to review of the award, No further
a judgment which is immediately final and judgment, final extension Fresh
executory by express provision of law. [Republic order or resolution shall be period to
v. Bermudez-Lorino (2005)] or from date of last granted appeal
publication if except for from denial
Rationale: Appeal is merely a privilege conferred required by law OR the most MR or MNT
by law upon the litigants. from denial of MR compelling
or MNT reasons and
A party cannot change the theory on appeal. in no case
Only issues pleaded in the lower court and longer than
properly raised may be resolved by the appellate 15 days.
court. [Medina v. CA (1992)] RTC to SC
RTC to CA to SC
However, issues which are inferred from or CA to SC
necessarily connected with the issue properly 15 days from notice The SC may
raised and pleaded may be resolved by the Fresh
of judgment or final grant a 30
appellate court. [Espina v. CA (1992)] period to
order OR from day
appeal
denial of extension for
from denial
petitioner’s MR or justifiable
PERIOD OF APPEAL MR or MNT
MNT. reasons.
By Notice of Appeal
1. File a notice of appeal with the trial court
that rendered the judgment or final order
appealed from
2. The notice of appeal must indicate the
parties, the judgment or final order or
part thereof appealed from; the material
date showing timeliness of appeal
3. A copy served on the adverse party; and
4. Payment in full of docket fees and other
lawful fees
inconsistent with or may serve to supplement
By Record on Appeal the provisions of this Rule.
1. Record on appeal is required for the
following cases:
a. Special proceedings
b. In such other cases where multiple
appeals are allowed
2. Form and contents of the record on
appeal: (Rule 41, Sec. 6)
a. Within 15 days from perfection of
appeal, clerk of court or the branch
clerk of the lower court shall transmit
to the RTC:
(1) Original record or record on appeal
(2) Together with transcripts and
exhibits
b. Clerk shall make a certification that
the documents are complete
c. Clerk shall also furnish the parties a
copy of his letter of transmittal of the
records to the appellate court
3. Copy is served on the adverse party
4. Payment in full of docket fees and other
lawful fees
PERFECTION OF APPEAL
Two Scenarios:
2. PETITION FOR REVIEW, where judgment Approval of the Record on Appeal (Rule
was rendered by the RTC in the exercise 41, Sec. 7) – Upon filing of the record for
of its appellate jurisdiction approval and if no objection is filed by the
a. This mode of appeal, covered by Rule appellee within 5 days from receipt of a
42, is brought to the CA on question copy thereof, the trial court may:
of fact, of law, or mixed questions of 1. Approve it as presented; or
fact and law 2. Direct its amendment by the inclusion
of any omitted matters which are
3. PETITION FOR REVIEW ON CERTIORARI, or deemed essential
appeal by certiorari to the SC
a. This mode of appeal, provided for by Joint Record on Appeal (Rule 41, Sec. 8) –
Rule 45, is brought to the SC from the Where both parties are appellants, they
decision of the RTC in the exercise of may file a joint record on appeal.
its original jurisdiction and only on
questions of law
PERIOD TO APPEAL (Rule 41, Sec. 2)
HOW ORDINARY APPEAL VIA RULE 41 IS 1. 15 days from notice of judgment or final
MADE: order appealed from
2. 30 days from notice of judgment or final
Appeal via Rule 41 presupposes that: order where a record on appeal is
1. The RTC rendered the judgment or final required
order in the civil action or special 3. 48 hours from notice of judgment or final
proceeding in the exercise of its ORIGINAL order appealed from in habeas corpus
jurisdiction; and cases
2. That the appeal is taken to the CA on:
a. Questions of fact or Reckoning point of reglementary period: Period
b. Mixed questions of fact and law for filing the appeal should be counted from the
date when the party’s counsel received a copy of
Notice of Appeal – Filed with the court which the judgment or final order
rendered the judgment or final order appealed
from. A copy is served on the adverse party. When a party is represented by a counsel,
(Rule 41, Sec. 5) service of process must be made on
counsel, not on party (Fajardo v. CA)
Contents of the Notice of Appeal:
1. Parties to the appeal Effect of Motions for New Trial and
2. Judgment or final order or part thereof Reconsideration – Originally, the period to
appealed from appeal is interrupted by a timely motion for new
3. The court to which the appeal is being trial and reconsideration. However, with the
taken; and Neypes doctrine, a party has a fresh 15-day
4. The material dates showing the period from a denial of the motion to perfect an
timeliness of the appeal appeal.
NOTE: In petitions for review under Rules PERFECTION OF APPEAL (Rule 42, Sec. 8)
42, 43, and 45, the docket fee is paid in
the appellate courts Appeal is deemed perfected as to PETITIONER
upon:
2. Deposit for costs 1. Timely filing of the petition
3. Proof of service of petition 2. Payment of docket and lawful fees
4. Contents of the documents, which should
accompany the petition Jurisdiction of the RTC
1. RTC loses jurisdiction upon:
ACTION ON PETITION (Rule 42, Sec. 4) a. Perfection of appeals filed in due time;
and
The CA may: b. Expiration of the time to appeal of
1. Require respondent to file a comment on other parties
the petition not a motion to dismiss 2. RTC may exercise residual jurisdiction
within 10 days from notice; or before the CA gives due course to the
petition
2. Dismiss the petition if it finds the same to
be: General Rule: Perfected appeal stays the
a. Patently without merit challenged judgment or final order
b. Prosecuted manifestly for delay; or
c. The questions raised therein are too Exceptions:
unsubstantial to require consideration 1. Unless the CA, law, or Rules, provide
otherwise
REMEMBER: Under this Rule, appeal is 2. Also in civil cases decided under the
discretionary on the CA which may give its due Rule on Summary Procedure; Stay of
course only when the petition shows prima facie judgment is not applicable here since
that the lower court has committed error. these are immediately executory
COMMENT BY RESPONDENT (Rule 42, Sec. 5) SUBMISSION OF DECISION (Rule 42, Sec. 9)
SCOPE
ACTION ON THE PETITION (Rule 43, Sec. 8) Exception: When the CA shall direct otherwise
upon such terms as it may deem just
The CA may:
1. Require respondent to file Comment
within 10 days from notice SUBMISSION FOR DECISION (Rule 43, Sec. 13)
2. Dismiss the petition if CA finds the same
to be: If petition is given due course, the CA may set
a. Patently without merit the case for oral argument or require parties to
b. Prosecuted manifestly for delay, or submit memoranda within 15 days from notice.
Upon filing of last pleading or memorandum 1. In criminal cases, ruling of Ombudsman
required, case is deemed submitted for decision. shall be elevated to the SC via Rule 65
2. In cases in which it is alleged that the
Ombudsman has acted with grave abuse
APPEAL FROM JUDGMENTS OR FINAL of discretion amounting to lack or excess
ORDERS OF THE CTA of jurisdiction, a special civil action of
certiorariunder Rule 65 may be filed with
A party adversely affected by a decision or ruling this Court to set aside the Ombudsman’s
of the CTA en banc may file with the Supreme order or resolution. [Nava v. NBI (2005)]
Court a verified petition for review on certiorari
pursuant to Rule 45. (Sec. 19, RA 1125 as
amended by RA 9282) APPEAL FROM JUDGMENTS OR FINAL
ORDERS OF THE NLRC
APPEAL FROM JUDGMENTS OR FINAL Rule 43, Sec. 2 states that Rule 42 shall not
ORDERS OF THE COMELEC apply to judgments or final orders issued under
the Labor Code.
Unless otherwise provided by law, or by any
specific provisions in these Rules, any decision, The law no longer provides for an appeal from
order or ruling of the Commission may be decisions of the LA or from the NLRC. Mode of
brought to the Supreme Court on certiorari by review from said decisions is the special civil
the aggrieved party within thirty (30) days from action for Certiorari under Rule 65 in the CA.
its promulgation. (Rule 37, Sec. 1, COMELEC
Rules of Procedure) NLRC judgments and final orders or resolutions
are now reviewable, in the first instance, by the
Decisions in appeals from courts of general or Court of Appeals on certiorari under Rule 65, but
limited jurisdiction in election cases relating to those of the Employees Compensation
the elections, returns, and qualifications of Commission should be brought to the Court of
municipal and barangay officials are not Appeals through a petition for review under this
appealable. (Rule 37, Sec. 2, COMELEC Rules of Rule. Also, appeals from the Office of the
Procedure) Ombudsman in administrative disciplinary cases
are now covered by this Rule. [Fabian v. Desierto
Decisions in pre-proclamation cases and (1998)]
petitions to deny due course to or cancel
certificates of candidacy, to declare a candidate
as nuisance candidate or to disqualify a
candidate, and to postpone or suspend elections
shall become final and executory after the lapse
of five (5) days from their promulgation, unless
restrained by the Supreme Court. (Rule 37, Sec.
3, COMELEC Rules of Procedure)
Jurisdiction of the CA
1. CA has jurisdiction over orders, directives,
and decisions of the Office of
Ombudsman in administrative disciplinary
cases only
2. It cannot review orders, directives,
decisions in criminal and non-
administrative cases
Jurisdiction of the SC
APPEAL BY CERTIORARI TO THE
SUPREME COURT (RULE 45) The petition may include an application for a writ
of preliminary injunction or other provisional
remedies and shall raise only questions of law,
CERTIORARI AS A MODE OF APPEAL (RULE which must be distinctly set forth. The petitioner
45) AND CERTIORARI AS A SPECIAL CIVIL may seek the same provisional remedies by
ACTION (RULE 65) verified motion filed in the same action or
proceeding at any time during its pendency.
(Rule 45, Sec. 1, as amended by A.M. 07-7-12-
APPEAL BY CERTIORARI AS AN
SC)
CERTIORARI ACTION
Rule 45 Rule 65
OUTLINE OF PROCEDURE
Petition raises the
issue as to whether
Based on questions of RTC, Sandiganbayan, CTA en banc, or CA renders a
the lower court acted
law which appellant decision
without or in excess of
desires the appellate
jurisdiction or with
court to resolve
grave abuse of
discretion
May be directed
against an
interlocutory order of
the court prior to
Involves review of
appeal from the
judgment, award or
judgment or where
final order on merits
there is no appeal or Any party files a petition for review on certiorari
any other plain, Within 15 days from notice
speedy, or adequate of final judgment or order of lower court
remedy or notice of denial of motion for reconsideration or new
trial
May be filed not later
Must be made within than 60 days from
the reglementary notice of judgment,
period of appeal order or resolution
sought to be assailed
Does not stay the
challenged
Stays the judgment,
proceedings
award, or order Appellant serves copies of petition on adverse parties
(unless a writ of And to the lower court,
appealed from
preliminary injunction And pay the corresponding docket fees
or TRO is issued)
The parties are the
Petitioner and aggrieved party
respondent are against the lower court
original parties to the or quasi-judicial
action agency as prevailing
parties
A filing of a MR is a
Prior filing of MR not condition precedent,
required subject to certain SC may dismiss the petition or require appellee to
exceptions comment
Higher court exercises
original jurisdiction
Appellate court is in
under its power of
the exercise of
control and
appellate jurisdiction
supervision over
and power of review
proceedings of lower
courts
SC may affirm, reverse, or modify judgment of lower APPEAL FROM RTC TO SC UNDER RULE 45
court
The Neypes doctrine is also applicable in Appeal to the SC is NOT a matter of right. It will
Rule 45. be granted only when there are special and
important reasons therefor.
Extension of Period: 30 days upon
1. Motion duly filed and served; and Some indications of the character of reasons
2. Payment of docket and lawful fees and which will be considered:
deposit for costs 1. When the court a quo has decided the
3. And for justifiable reasons question of substance, not theretofore
determined by the SC, or has decided it in
a way probably not in accord with law or
FORM OF PETITION with the applicable provisions of the SC;
1. The petition must be VERIFIED or
2. Following the Efficient Use of Paper Rule: 2. Court a quo has so far departed from
a. One original, properly marked, and 4 accepted and usual course of judicial
copies proceedings, or so far sanctioned such
b. If the case is referred to En Banc, 10 departure by a lower court, as to call for
additional copies is filed an exercise of power of supervision
3. Payment of docket and other lawful fees
and deposit of P500 for costs is made
with the SC Clerk at the time of filing ELEVATION OF RECORDS: (Rule 45, Sec. 8)
4. Proof of service of the petition to the
lower court and adverse party are If the petition is given due course, the Supreme
attached Court may require the elevation of the complete
record of the case or specified parts thereof
within fifteen (15) days from notice
CONTENTS OF PETITION (Rule 45, Sec. 4)
1. State full names of the parties
a. Appealing party = as Petitioner
GROUNDS FOR DISMISSAL OF comply with orders, circulars, directives
APPEAL of the court without justifiable cause
9. Fact that the order or judgment appealed
DISMISSAL BY THE CA (RULE 50) from is not appealable
NOTE: This is not applicable to the SC since it is not a trier of facts. WHEN PROPER
RULE 37 v. RULE 38 Rule 38 can be availed of once the judgment has become final and
executory.
RULE 37 RULE 38
Available BEFORE Available AFTER The relief provided for by Rule 38 is of equitable character and is only
judgment becomes judgment has become allowed in exceptional cases, that is where there is no other available or
final and executory final and executory adequate remedy. A petition for relief is not regarded with favor and
judgment will not be disturbed where the party complaining has or by
Applies to judgments,
Applies to judgments his exercising proper diligence would have had an adequate remedy at
final orders and other
or final orders only law, as where petitioner could have proceeded by appeal to vacate or
proceedings
modify the default judgment. [Manila Electric v. CA (1990)]
Grounds: (1) FAME
and (2) Newly Ground: FAME
Under Sec. 1, it is also available when “any other proceeding is
discovered evidence
thereafter taken against the petitioner in any court through FAME”
Filed within 60 days
from knowledge of
Filed within the time Thus, it was held that a petition for relief is also applicable to a
judgment and within 6
to appeal proceeding taken after entry of judgment or final order such as an order
months from entry of
of execution (Cayetano v. Ceguerra) or an order dismissing an appeal
judgment
(Medran v. CA)
If denied, order
If denied, order of
denying a petition for
denial is not
relief is not
appealable; hence, WHERE FILED
appealable; remedy is
remedy is appeal from
appropriate civil action Rule 38 is not an independent action but a continuation of the old case.
judgment
under Rule 65 Hence, it is filed with the same court and same branch which decided
Legal remedy Equitable remedy the case.
Motion need not be Petition must be
4. When judgment was entered by mistake or was obtained by
GROUNDS: (Rule 38, Sec. 1 and 2) fraud; or
1. When judgment or final order is entered or any other proceeding 5. Other similar cases.
is thereafter taken against petitioner through FAME
2. When petitioner has been prevented from taking an appeal by
FAME ORDER TO FILE ANSWER (Rule 38, Sec. 4)
The two periods for the filing of a petition for relief are not extendible
and never interrupted. Both periods must be complied with. (Phil. PROCEEDINGS AFTER ANSWER IS FILED (Rule 38, Sec. 6)
Rabbit Bus Lines Inc. v. Ariaga)
After filing of answer or expiration of the period therefor, court shall
Reckoning points: hear the petition.
1. The 60-day period is reckoned from the time the party acquired
knowledge of the order, judgment or proceeding. Not from the If the court finds that the allegations are not true – Petition is dismissed.
date he actually read the same (Perez v. Araneta)
2. 6-months period is computed from the date of entry of the order If the court finds that allegations are true:
or judgment 1. It shall set aside the judgment, final order, or other proceeding
complained of upon such terms as may be just
2. Thereafter, case shall stand as if such had never been rendered,
FORM AND CONTENTS OF THE PETITION issued, or taken
1. The petition for relief must be verified 3. The court shall then proceed to hear and determine the case as
2. The petition must be accompanied by an affidavit showing the if timely motion for new trial or reconsideration has been
FAME relied upon; and granted by it
3. The affidavit of merit accompanying the petition must also show
the facts constituting the petitioner’s good and substantial cause
of action or defense as the case may be REMEDY FOR DENIAL OF PETITION FOR RELIEF.
The absence of an affidavit of merits is a fatal defect and warrant denial Appeal from an order denying a petition for relief is no longer available
of the petition (Fernandez v. Tan Tiong Tick) under the present rules.
However, it is not a fatal defect so long as the facts required to be set The remedy against a denial of a petition for relief is certiorari under
out also appear in the verified petition (Fabar Inc. v. Rodelas) Rule 65, when proper.
The purpose of such action is to have the final and executory judgment A person who is not a party to the judgment may sue for its annulment
set aside so that there will be a renewal of litigation. provided that he can prove the same was obtained through fraud or
collusion and that he would be adversely affected thereby. (Alaban v.
Resorted to in cases where ordinary remedies of new trial, appeal, CA)
petition for relief, or other appropriate remedies are no longer available
through no fault of petitioner GROUNDS (Rule 47, Sec. 2)
It is not a mode of appeal but an Independent Civil Action. Annulment may be based only on TWO grounds:
1. Extrinsic Fraud
2. Lack of Jurisdiction
WHEN PROPER (Rule 47, Sec. 1)
Although Sec. 2 provides that annulment of judgment or order may be
It is available when the petitioner failed to move for new trial in, or based only on extrinsic fraud and lack of jurisdiction, jurisprudence
appeal from, or file a petition for relief against, or take other appropriate recognizes DENIAL OF DUE PROCESS as an additional ground (Sps.
remedies assailing the questioned judgment or final order or resolution Benatiro, et al. v. Heirs of Cuyos et al.) This was recognized in the 2013
through no fault attributable to him case of Leticia Diona, represented by her Attorney-in-fact, Marcelina
Diona v. Romeo Balangue, Sonny Balangue, Reynaldo Balangue, and
The remedy may no longer be invoked where the party has availed Esteban Balangue, Jr.
himself of the remedy of new trial, appeal, petition for relief, or other
appropriate remedy and lost or where he has failed to avail himself of Extrinsic or Collateral Fraud - Refers to any fraudulent act of the
those remedies through his fault or negligence prevailing party in the litigation which is committed outside of the trial
of the case, whereby the defeated party has been prevented from
exhibiting fully and fairly presenting his side of the case
WHERE FILED
Lack of Jurisdiction - Lack of jurisdiction refers to either lack of
JUDGMENTS, FINAL JUDGMENTS, FINAL jurisdiction over the person of the defending party or over the subject
ORDERS, OR ORDERS, OR matter of the claim, and in either case, the judgment or final order and
RESOLUTIONS OF THE RESOLUTIONS OF THE resolution are void.
RTC MTC
Filed with the CA Filed with the RTC NOTE: In a petition for annulment of judgment based on lack of
jurisdiction, petitioner must show an ABSOLUTE LACK of
CA has exclusive and RTC as a court of
jurisdiction not merely abuse of jurisdictional discretion.
original jurisdiction general jurisdiction
over said action under under Sec. 19(6) BP
As to Evidence
Sec. 9 (2) of BP 129 129
1. When the ground invoked is extrinsic fraud, extraneous evidence
The CA may dismiss The RTC has no such
is admitted
the case outright; it discretion, it is
2. However, when the ground is lack of jurisdiction, only evidence
found in the records of the case can justify nullity of judgment NOTE: Prima facie determination is not available in annulment of
judgments or final orders of MTCs before the RTC. (Rule 47, Sec. 10)
PERIOD FOR FILING (Rule 47, Sec. 3) EFFECT OF JUDGMENT OF ANNULMENT (Rule 47, Sec. 7)
The rule does not fix the period to annul judgment based on lack of Effect of annulment based on extrinsic fraud
jurisdiction but recognizes the principle of estoppel as first laid down by 1. The same shall be set aside and considered null and void
Tijam v. Sibonghanoy. 2. On motion of the prevailing party on justifiable grounds, he may
be allowed to no longer refile the action
a. The trial court which rendered the questioned judgment shall
FORM AND CONTENTS OF PETITION (Rule 47, Sec. 3) be ordered to try the case anew
1. Verified petition, alleging therein:
a. With particularity, the facts and the law relied upon The prescriptive period for the refiling of the aforesaid original action
b. Petitioner’s good and substantial cause of action or defense shall be deemed suspended from the filing of said original action until
2. Filed following the Efficient Use of Paper Rule the finality of the judgment of annulment. However, the prescriptive
3. Certified true copy of the judgment or final order or resolution period shall not be suspended where the extrinsic fraud is attributable
shall be attached to the original copy of the petition to the plaintiff in the original action. (Rule 47, Sec. 8)
4. Affidavits of witnesses or documents supporting the cause of
action or defense; and
5. Certificate of non-forum shopping
PROCEEDINGS
ON ATTACKING THE VALIDITY OF A JUDGMENT A void judgment may be likened to a lawless thing which can be treated
as an outlaw and slain at sight, or ignored wherever and whenever it
Direct Attack v. Collateral Attack: rears its head. [Banco Espanol-Filipino v. Palanca (1918)]
1. Direct attack upon a judgment is an action or proceeding to
annul it, this being the main object of the proceeding A judgment may be void for lack of due process of law. [Spouses
2. Collateral attack upon a judgment is one made to obtain relief Benatiro v. Heirs of Cuyos (2008))
other than the setting aside of the judgment, the attack on the
judgment itself being incidental
ATTACKING A VOID JUDGMENT
When Collateral Attack Proper: This is proper only when the judgment
on its face is null and void as where it is patent that the court which It may be assailed anytime, collaterally or in a direct action or by
rendered said judgment has no jurisdiction resisting such judgment or final order in any action or proceeding
whenever it is invoked, unless barred by laches. [Spouses Benatiro v.
The validity of a judgment or order of the court, which has become final Heirs of Cuyos (2008))
and executory, may be attacked in three ways:
1. Only by a direct action or proceeding to annul the same
This proceeding is a direct attack against the order of REMEDIES
judgment because it is not incidental to, but is the main
object of, the proceeding If the reglementary period for appeal has not yet lapsed, some
A direct action to annul and enjoin enforcement of the remedies are New Trial and Reconsideration. Appeal, Petition for Relief,
and Other Appropriate Remedies such as Certiorari may also be used.
judgment where the alleged defect is not apparent on its
face or from the recitals contained in the judgment
If the appropriate remedies are no longer available without the fault of
See Rule 47
the petitioner, the equitable and extraordinary remedy of Petition for
Annulment of Judgment may be resorted to.
2. Or by direct action, as certiorari, or by collateral attack in case of
apparent nullity
When all else fails, there is jurisprudence to the effect that a patently
The collateral attack must be against a challenged judgment void judgment may be dealt with by a Main Action for Injunction. [See
which is void upon its face or that the nullity of the judgment Barrameda v. Moir (1913)]
is apparent from its own recitals
EXECUTION,
presented at the trial, declares categorically what the rights and
obligations of the parties are and which party is in the right; or a
judgment or order that dismisses an action on the ground, for instance,
Once rendered, the task of the Court is ended, as far as deciding the
EFFECT OF JUDGMENTS controversy or determining the rights and liabilities of the litigants is
concerned. Nothing more remains to be done by the Court except to
await the parties' next move (which among others, may consist of the
filing of a motion for new trial or reconsideration, or the taking of an
appeal) and ultimately, of course, to cause the execution of the
DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR judgment once it becomes 'final or, to use the established and more
PURPOSES OF APPEAL; FOR PURPOSES OF distinctive term, 'final and executory.
EXECUTION
Execution is a matter of right upon the expiration of the period to
The term “finality of judgment for purposes of appeal” refers to appeal and no appeal was perfected from a judgment or order that
interlocutory orders which: disposes of the action or proceeding. [Rule 39, Sec. 1]
1. Are not decisions within the constitutional definition [Armargo v.
CA (1973)]
2. are those that determine incidental matters that do not touch on It can be noted that the Supreme Court made a hairline distinction
the merits of the case or put an end to proceedings. The between finality of order for appeals and for execution. It is submitted
following are examples of an interlocutory order: that upon court’s issuance of a judgment touching upon the merits of a
a. An order denying a motion to dismiss; case, it is final for the purposes of an appeal, but NOT for execution.
b. An order granting an extension of time to file a pleading, or
one authorizing an amendment thereof; NOTE: Finality for the purposes of execution refers to the expiration of
c. Order granting or denying applications for postponement or the period to appeal and no appeal was perfected.
inspection of documents. [Riano]
The word interlocutory refers to something intervening between the WHEN EXECUTION SHALL ISSUE
commencement and the end of a suit which decides some point or
matter but is not a final decision of the whole controversy. [Ramiscal, Jr. Execution is a process provided by law for the enforcement of a final
v. Sandiganbayan (2004)] judgment. Enforcement is part of court’s jurisdiction. It is not an action
but is included in the phrase “Process in an action – part of the
A final judgment or order is one that finally disposes of a case, leaving proceedings considered as still pending.
nothing more to be done by the Court in respect thereto, e.g., an
adjudication on the merits which, on the basis of the evidence Cases where Execution may Issue even if judgment NOT Final:
1. Support pendente lite acquired only after filing of ejectment suit (Cordova v.
2. Judgments of inferior courts in ejectment cases Tornilla)
3. Execution pending appeal
4. Injunction, accounting, receivership, support (Rule 39, Sec. 4)
5. Decision of the RTC in appealed civil cases under Summary EXECUTION AS A MATTER OF RIGHT (Rule 39, Sec. 1)
Procedure, including forcible entry and unlawful detainer
6. Decision of the LA reinstating dismissed employee, insofar as The finality of judgment has the effect of entitling prevailing party to
reinstatement aspect is concerned execution as a matter of right. It is the ministerial duty of the court to
do execution. (Herrera)
Writ of Execution: A judicial writ issued to an officer authorizing him to
execute the judgment of the court. Execution as a matter of right, TWO INSTANCES:
1. No appeal has been perfected or period of appeal has expired
Dispositive Portion as Subject of Execution 2. Appeal has been perfected and finally resolved
1. General Rule: The dispositive portion of the decision is that part
that becomes the subject of execution How Done:
2. Exceptions:
a. Where there is ambiguity, the body of the opinion may be CASE HOW EXECUTION IS CARRIED
referred to for purposes of construing the judgment because If no appeal has Prevailing party applies by
the dispositive part of a decision must find support from been perfected, motion for a writ of execution
decision’s ratio decidendi or the period of which is granted by the judge
b. Where extensive and explicit discussion and settlement of appeal has since it is a matter of right
the issue is found in the body of the decision expired
Prevailing party:
Two Whom Issued: 1. Files a motion in the
1. General Rule: Only real parties in interest in an action are bound court of origin,
by judgment rendered therein and by the writs of execution 2. Submitting certified
2. Exceptions: There are certain cases where the writ may be true copies of the
issued against non-parties judgment or final
a. One who is privy to judgment debtor can be reached by an orders sought to be
order of execution and writ of demolition (Vda. De Medina v. enforced
Cruz) If appeal has
3. Submitting the entry
b. Issued against one who not being originally a party to the been perfected
thereof,
case submits his interest to the court for consideration in the and finally
4. With notice to adverse
same case and invites adjudication regarding said interest resolved
party
(Jose v. Blue) Appellate court may also
c. Where non-parties voluntarily signed the compromise direct the court of origin to
agreement or voluntarily appeared before court (Rodriguez v. issue the writ of execution:
Alikpala) 1. Upon motion in the
d. Where the remedy of a person not a party to the case which same case AND
he did not avail of, was to intervene in the case in question 2. When the interest of
involving rights over the same parcel of land and said person justice so requires
in another case was adjudged buyer in bad faith thereof
(Lising v. Plan) General Rule: It is a matter of right on the part of the winning party
e. In an ejectment case, where 3rd party derived his right of when the judgment or order becomes executory. The court cannot
possession from defendant particularly when such right was refuse execution.
the court court
Exceptions: The issuance of a writ of execution which issues as a matter Upon showing of good Provided there are no
of right can be countered in any of the following cases reason for execution supervening events
1. ):
2. When a PETITION FOR RELIEF or an action to enjoin judgment is Under the Rule on Discretionary Execution (also called execution
filed and a preliminary injunction is prayed for and granted (Rule pending appeal), the court rendering the judgment, if it still has
38, Sec. 5); jurisdiction, may exercise discretion and order execution pending
3. When the judgment turns out to be INCOMPLETE OR IS appeal.
CONDITIONAL since as a matter of law, such judgment CANNOT
BE FINAL; It is the execution of a judgment or final order before it attains finality.
4. When the judgment has been NOVATED BY THE PARTIES The court which rendered the decision can grant an execution pending
5. When SUBSEQUENT FACTS AND CIRCUMSTANCES transpire as to appeal if it still retains jurisdiction over the case and is in possession of
render such execution unjust or impossible the records at the time of the filing of the motion; otherwise, the motion
6. On EQUITABLE GROUNDS as when there has been a change in shall be acted upon by the appellate court.
the situation of the parties which makes execution INEQUITABLE. To be valid, there should be a good reason to justify the execution of the
7. When the judgment becomes DORMANT, the 5-year period under judgment pending appeal, the same to be stated in the order granting
Rule 39.6 having expired without the judgment having been it.
revived
NOTE: Execution may only issue upon motion with notice of hearing. Discretionary Execution is NOT applicable in the case of the Court of
Appeals:
Supervening Event Doctrine – A supervening event can be invoked for 1. The Rule on Discretionary Execution contemplates a situation
the modification or alteration of a final judgment. This refers to: where a judgment or final order rendered in the exercise of its
1. Facts which transpire after judgment has become final and original jurisdiction and the prevailing party in said decision
executory. Or seeks immediate execution during the pendency of an appeal.
2. New circumstances which developed after the judgment has 2. The CA has no authority to issue IMMEDIATE EXECUTION
acquired finality PENDING APPEAL OF ITS OWN DECISIONS THEREIN.
3. Matters which the parties were not aware of prior to or during 3. Discretionary execution is allowed pending appeal of judgment
the trial as they were not yet in existence at that time or final order of the trial court upon good reasons to be stated in
4. The supervening facts or circumstances must either bear a direct a special order.
effect upon the matters already litigated and settled or create a
substantial change in the rights or relations of the parties therein A judgment of the CA cannot be executed pending appeal. (Heirs of
which render execution of the final judgment unjust or Justice JBL Reyes v. CA, 2000)
impossible (Lim v. Jabalde)
2. The judgment obligor shall pay the amount of the judgment debt
a. Payable in Cash, Certified bank check payable to judgment
obligee, or any other form of payment acceptable to
judgment obligee
(1) In no case shall sheriff demand that any payment by
check be made payable to him
(2) Amount of judgment under proper receipt directly to the
judgment obligee or his authorized representative if
present at time of payment
3. The judgment obligor shall pay the lawful fees handed over to
the sheriff. Sheriff shall turn over the said amount within the
same day to the clerk that issued the writ
SATISFACTION BY LEVY
Levy is the act whereby a sheriff sets apart or appropriates for the Garnishment is considered as a species of attachment for reaching
purpose of satisfying the command of the writ, a part or the whole of credits belonging to the judgment debtor and owing to him from a
the judgment debtor’s property. stranger to the litigation
Levy means the act or acts by which an officer sets apart or The Officer may levy on:
appropriates a part or the whole of the property of the judgment debtor 1. Debts due the judgment obligor and other credits,
for purposes of the prospective execution sale [Llenares v. Vandevella 2. Including bank deposits, financial interests, royalties,
(1966)]. commissions,
3. And other personal property not capable of manual delivery in
If susceptible of appropriation, the officer removes and takes the possession and control of third parties
property for safekeeping; otherwise the same is placed under sheriff’s
guards. Without valid levy having been made, any sale of the property The process of levying shall be called garnishment if the property
thereafter is void. involved is money, stocks, or other incorporeal property in the HANDS
OF THIRD PERSONS. Garnishment merely sets apart such funds but
does not constitute the creditor as owner of the garnished property.
Conditions to be met before resort to satisfaction by levy:
1. If the judgment obligor cannot pay all or part of the obligation Garnishment is not a violation of RA 1405 on the secrecy of bank
then the officer shall levy upon the properties of the judgment deposits. [Chinabank v. Ortega (1973)]
obligor
2. Characteristics of properties to be levied Notes: Upon service of the writ of garnishment, the garnishee becomes
a. Properties of every kind and nature whatsoever a “virtual party” or “forced intervenor” to the case and the trial court
b. Which may be disposed of for value thereby acquires jurisdiction to bind the garnishee to comply with its
c. Not otherwise exempt from execution orders and processes. [BPI v. Lee (2012)]
Procedure: UP’s funds, being government funds, are not subject to garnishment.
1. The judgment obligor have the option to immediately choose Moreover, The execution of the monetary judgment against the UP was
which property or part thereof may be levied upon, sufficient to within the primary jurisdiction of the COA. [UP v. Dizon (2012)]
satisfy judgment
Procedure:
2. If judgment obligor does not exercise the option: 1. Levy shall be made by serving notice upon:
a. The officer shall first levy on personal properties, if any a. The person owing such debts, or
b. If personal properties are insufficient, then on the real b. Having in his possession or control such credits to which
properties judgment obligor is entitled
3. Sheriff shall sell only sufficient portion of personal or real 2. Garnishment to cover only such amount as will satisfy judgment
property of the judgment obligor levied upon and lawful fees
4. If there is more property than is sufficient to satisfy judgment 3. If there are 2 or more garnishees, holding deposits or credits
and lawful fees, then sell only so much as is sufficient sufficient to satisfy judgment, judgment obligor shall have the
right to indicate the garnishee/s who shall be required to deliver.
Otherwise, the choice shall be made by judgment obligee
GARNISHMENT OF DEBTS AND CREDITS
4. The garnishee shall make a written report to the court within 5
days from service of notice of garnishment. The report shall
state whether:
a. Judgment obligor has sufficient funds or credits to satisfy EXECUTION OF JUDGMENTS FOR SPECIFIC ACTS
judgment, OR
b. Judgment obligor has insufficient funds or credits to satisfy When proper: (Rule 39, Sec. 10)
judgment 1. Resorted to if the judgment directs a party to:
a. Execute a conveyance of land or personal property, or
5. Garnish the amount which may be in cash, or certified bank b. Deliver deeds or other documents, or
check issued in the name of judgment obligee c. Perform any other specific act in connection therewith.
2. AND the party fails to comply within the time specified
6. Garnished amount shall be delivered directly to judgment
obligee within 10 working days from service of notice on said Procedure:
garnishee requiring such delivery 1. Court may direct the act to be done
a. At the cost of disobedient party
7. Follow procedure under “Immediate Payment on Demand” with b. Or by some other person appointed by the court
respect to delivery
2. In case of directing conveyance of real or personal property
8. Lawful fees shall be paid directly to court located in the Philippines:
a. Court may divest the title of any party and vest it in others
by court order
b. This shall have the force and effect of conveyance executed
in due form
The officer shall demand of the person against whom the judgment for
the delivery or restitution of real property is rendered and all persons
claiming rights under him to peaceably vacate the property within three
(3) working days, and restore possession thereof to the judgment
obligee.
Otherwise, the officer shall oust all such persons therefrom with the
assistance, if necessary, of appropriate peace officers, and employing
such means as may be reasonably necessary to retake possession, and
place the judgment obligee in possession of such property.
Examples:
1. A judgment in mandamus to reinstate petitioner as chief clinic of
the hospital (Vital-Gozon v. CA)
2. A judgment directing petitioner to vacate the land which is a
judgment to deliver possession of real property and not special
judgment. No contempt for refusal (Moslem v. Soriano)
3. A judgment directing defendant to remove a fence from a certain
place is a special judgment (Marquez v. Marquez)
EFFECT OF LEVY ON THIRD PERSONS PROPERTIES EXEMPT FROM EXECUTION
The levy on execution shall create a lien in favor of the judgment General Rule: Except as otherwise expressly provided by law, the
obligee over the right, title and interest of the judgment obligor in such following property, and no other, shall be exempt from execution (Rule
property at the time of the levy, subject to liens and encumbrances 39, Sec. 13)
then existing. (Rule 39, Sec. 12) 1. The judgment obligor's family home as provided by law, or the
homestead in which he resides, and land necessarily used in
NOTE: The power of the court in execution extends only over properties connection therewith;
UNQUESTIONABLY belonging to judgment debtor.
2. Ordinary tools and implements personally used by him in his
trade, employment, or livelihood;
8. One fishing boat and accessories not exceeding the total value
of one hundred thousand pesos owned by a fisherman and by
the lawful use of which he earns his livelihood;
The exemptions MUST BE CLAIMED, otherwise they are deemed waived. 2. The writ shall continue in effect during the period within which
It is not the duty of the sheriff to set off the exceptions on his own judgment may be enforced by motion
initiative. (Herrera v. Mcmicking, 1909)
3. Officer shall make a report to the court every 30 days on the
proceedings taken thereon, until either:
a. Judgment is satisfied in full, or
b. Its effectivity expires
The writ shall continue in effect during period within which the
judgment may be enforced by motion which is 5 years from date of
entry. After the first 5 years, judgment becomes dormant and subject to
revival action.
PROCEEDINGS WHERE PROPERTY CLAIMED BY THIRD
PERSON Effect of Third-Party Claim: When a third-party claim is filed, sheriff is
not bound to proceed with the levy of the property unless judgment
creditor or latter’s agent posts an indemnity bond against the claim.
CONCEPTS
Rule 39, Sec. 16 and other provisions which provide for a mode of SUMMARY HEARING BEFORE COURT AUTHORIZING EXECUTION
recovering property allegedly to have been wrongfully taken by sheriff
pursuant to a writ of execution or other process, refers to a STRANGER A third-person whose property was seized by a sheriff to answer for an
to an action. obligation of a judgment debtor may invoke the supervisory power of
the court which authorized such execution
Remedies of Third-Party Claimant:
1. Summary hearing before the court which authorized the Procedure:
execution 1. Claimant files application
2. “Terceria” or third-party claim filed with the sheriff (Rule 39, Sec.
16) 2. Court conducts summary hearing
3. Action for damages on the bond posted by the judgment creditor a. The court may command that the property be released from
4. Independent reivindicatory action the mistaken levy and restored to rightful owner or possessor
b. If claimant’s proofs do not persuade, the claim will be denied
The aforementioned are cumulative remedies and may be resorted to by the court
by a third-party claimant independently of or separately from and
without need of availing of the others. [Sy v. Discaya (1990)] 3. Note however that the court determination is limited
a. Limited only to a determination of whether the sheriff has
For a Third-Party Claim to be Sufficient: acted rightly or wrongly in performance of his duties
1. Must be filed by a person other than the defendant or his agent, b. The court does not and cannot pass upon the question of
at any time before sale title. It can treat of the matter only insofar as may be
2. Must be under oath or supported by affidavit stating the necessary to decide if sheriff acted correctly or not
claimant’s title to, or right of possession of, the property, and
grounds therefor
3. Must be served upon the officer making levy and a copy thereof TERCERIA
upon the judgment creditor
Independent of the foregoing, a third-party claimant may also avail of
The timing of the filing of the claim is important because it determines the remedy of Terceria. Terceria is provided in Sec. 16, Rule 39.
the remedies available to the claimant:
1. If the claim is filed under Rule 39, Sec. 16: This is an action for damages by claimant against officer within 120
a. Claimant may vindicate his claim in a separate action days from date of filing of bond for taking or keeping the property
b. Intervention is no longer allowed since judgment has already subject of the terceria
been rendered
Procedure
2. If the claim is filed under Sec. 14, Rule 57 (Attachment) or under 1. Claimant serves on the officer making levy an affidavit of his title
Sec. 7, Rule 60 (Replevin) and a copy thereof to judgment creditor
a. Claimant may vindicate his claim by intervention as he has a
legal interest in the matter of litigation 2. Officer shall not be bound to keep property
b. Intervention is allowed as these actions are still pending in
court
a. Unless judgment creditor, or his agent, on demand of officer,
posts indemnity bond not lesser nor greater than value of 3. In such proper action, validity and sufficiency of title of claimant
property will be resolved.
3. Where a third-party claim has been filed in due form: 4. A writ of preliminary injunction against sheriff may be issued
a. Prevailing party can compel the sheriff to proceed by filing of
a bond to answer for damages as a consequence of the
execution
b. If sheriff proceeds with the sale without such bond, he will be
personally liable for such damages as may be sustained by
and awarded to the claimant
REINVINDICATORY ACTION
Procedure
1. He must institute an action, distinct and separate from that
which the judgment is being enforced, with the court of
competent jurisdiction
2. No need to file a claim in the court which issued a writ. The latter
is not a condition sine qua non for the former.
RULES ON REDEMPTION
WHEN CAN REDEMPTION BE MADE (Rule 39, Sec. 28)
He is a creditor with a lien SUBSEQUENT to the judgment which was the REDEMPTION PRICE
basis of the execution sale.
1. By the Judgment Debtor or First Redemptioner:
Unlike the judgment debtor, a redemptioner must prove his right to a. Purchase PRICE
redeem by producing the documents required in Sec. 30, to wit: b. 1% INTEREST thereon up to time of redemption
1. Copy of the judgment or final order under which he claims the c. Any amount of ASSESSMENTS OR TAXES which purchaser
right to redeem certified by the clerk wherein judgment or final may have paid after purchase as well as interest on such last
order was entered OR named amount at the same rate
2. If he redeems upon a mortgage or other lien, a memorandum of d. If purchaser is also a creditor having a PRIOR LIEN to that of
the record thereof, certified by the Register of Deeds; OR redemptioner, other than the judgment under which such
3. An original or certified copy of any assignment necessary to purchase was made, the AMOUNT of such OTHER LIEN, also
establish his claim; OR with interest
4. An affidavit executed by him or his agent showing the amount
then actually due on the lien (Sec. 30) 2. By all Subsequent Redemptioners
a. AMOUNT paid on last redemption
If the lien of the creditor is PRIOR to the judgment under which the b. 2% INTEREST thereon
property was sold: c. Any amount of ASSESSMENTS OR TAXES which purchaser
1. He is not a redemptioner may have paid after purchase as well as interest on such last
2. He cannot redeem since his interests in his lien are fully named amount at the same rate
protected. Any purchaser at a public auction takes the same d. Amount of any LIENS held by said last redemptioner prior to
subject to such prior lien which he has to satisfy his own, also with interest
NOTE: The redemption price for subsequent redemption shall be the 6. Collect rents, earning and income derived from property until the
same, so the price becomes higher and higher. expiration of period of redemption
EFFECT OF REDEMPTION BY THE JUDGMENT OBLIGOR (Rule 39, EXPIRATION OF REDEMPTION PERIOD (Rule 39, Sec. 33)
Sec. 29)
Judgment obligor shall have the entire period of ONE YEAR from date of
If Judgment debtor redeems the property: registration of sale to redeem the property
1. No further redemption is allowed
2. He is restored to his estate Entitlement to a CONVEYANCE and POSSESSION:
1. To the PURCHASER
When a judgment debtor redeems the property, what is effected is the If there is no redemption made within 1 year from date of
elimination of the lien created by the levy on attachment or judgment registration of the certificate of sale
on the registration of mortgage thereon. Note that he never lost 2. To the LAST REDEMPTIONER
ownership so there is no recovery of ownership. If there was redemption, and 60 days have elapsed and no
other redemption has been made
Payments mentioned in Sec. 28 and 29 may be made to the: Notice must have been given, and the redemption period has
1. Purchaser, or elapsed
2. Redemptioner, or
3. For him to the officer who made the sale Two Documents which the Sheriff Executes in case of Real Property
1. CERTIFICATE OF SALE
The person to whom redemption payment is made must execute and After auction sale, he will execute in favor of the purchaser
deliver to him a CERTIFICATE OF REDEMPTION
the certificate of sale under Sec. 25
1. Acknowledged by a notary public or other officer authorized to
From registration of said certificate, the one year redemption
take acknowledgements of conveyances of real property
2. Filed and recorded in the registry of deeds of the place which the period starts
property is situated Certificate of sale after execution sale is merely a memorial
3. Registrar must note the record on the margin of the record of the of the fact of sale and does not operate as conveyance
certificate of sale
2. DEED OF CONVEYANCE
Issued if after expiration of redemption period there is no
RIGHTS PENDING REDEMPTION (Rule 39, Sec. 31 and 32) redemption
Operates to transfer to purchaser whatever rights the
Right of Judgment Creditor Pending Redemption judgment debtor had in the property
1. Apply for injunction to restrain the commission of waste on the The effect of a final deed of sale transfers the right as of the
property time of the levy
NATURE EFFECT
Judgment is
In judgments against a
CONCLUSIVE upon the
specific thing (in rem)
title to the thing
In judgments against a Judgment is
person (in personam) PRESUMPTIVE evidence
of a right as between
parties and their
successors-in-interest A foreign judgment is presumed to be valid and binding in the country
by a subsequent title from which it comes, until a contrary showing, on the basis of a
presumption of regularity of proceedings and the giving of due notice in
In both cases, judgment may be repelled by evidence of: the foreign forum.
1. Want of jurisdiction
2. Want of notice Before our courts can give the effect of res judicata to a foreign
3. Collusion judgment, it must be shown that the parties opposed to the judgment
4. Fraud had been given ample opportunity to do so on grounds under Section
5. Clear mistake of law or fact 48 of Rule 39 of the Rules of Court. [Roehr v. Rodriguez (2003)]
Provisional remedies are writs and processes available during the Inferior courts may also grant all appropriate provisional remedies in an
pendency of the action which may be resorted to by a litigant for the action pending with it and is within its jurisdiction (Sec. 33, (1), BP 129)
preservation or protection of their rights and interests therein pending
rendition, and for purposes of the ultimate effects, of a final judgment in
the case; also known as ancillary or auxiliary remedies.
They are applied to a pending litigation, for the purpose of securing the
judgment or preserving the status quo, and in some cases after
judgment, for the purpose of preserving or disposing of the subject
matter. [Calo v. Roldan (1946)]
Issuance of the Order of Attachment The bond shall only be applied to all damages sustained due to the
1. The order may be issued either: attachment. It cannot answer for those that do not arise by reason of
a. Ex parte (service of summons to defendant required) the attachment [Riano].
b. Or upon motion with notice and hearing
2. The order is issued by the court in which the action is pending or
the CA, or the SC THE RULE ON PROR OR CONTEMPORANEOUS SERVICE OF
SUMMONS
Contents of the Order of Attachment:
1. It must require the sheriff to attach so much of the property of General Rule: A writ of attachment may be issued ex parte even before
the party against whom it is issued as may be sufficient to the summons is served upon the defendant. BUT a writ may not be
satisfy applicant’s demand implemented until jurisdiction over the person is acquired by service of
a. Property must be within the Philippines summons. Otherwise, the implementation is null and void. [Riano]
Exceptions to Contemporaneous Service of Summons: [Rule 57, Sec. 5] 4. Debts, credits, bank deposits, financial interest, royalties,
1. Summons could not be served personally or by substituted commissions and other personal property not capable of manual
service despite diligent efforts, or delivery
2. Defendant is a resident of the Philippines temporarily absent 1. Leave a copy of the writ and a notice that the debts owing,
therefrom, or credits, and other personal property are attached in
3. Defendant is a non-resident, or pursuance of such writ
4. The action is in rem or quasi in rem. 2. Leave these documents with:
a. The person owing such debts, or
b. Having in his possession or under his control, such credits
MANNER OF ATTACHING PROPERTY (Rule 57, Sec. 5) or other personal property, or
c. With his agent
The sheriff enforcing the writ shall attach only so much of the property
in the Philippines of the adverse party not exempt from execution as 5. The interest of the party against whom attachment is issued in
may be sufficient to satisfy the applicant’s demand, UNLESS property belonging to the estate of decedent, whether as heir,
1. Party against whom writ is issued makes a deposit with the court legatee, or devisee
from which the writ is issued, or a. By service of a copy of the writ, and notice that said interest
2. He gives a counter-bond executed to the applicant is attached
b. Service is made to:
(1) The executor, or administrator, or
ATTACHMENT OF REAL AND PERSONAL PROPERTY (Rule 57, Sec. (2) Other personal representative of the decedent
7) c. Copy of the writ and notice:
(1) Shall be filed with the clerk in which said estate is being
1. Real property, or growing crops thereon, or any interest therein settled, and
a. File with the Registry of Deeds: (2) Served upon the heir, legatee, or devisee concerned
(1) A copy of the order together with a description of the
property Property in custodia legis may be attached by:
(2) And a notice that the property is attached 1. Filing a copy of the writ of attachment with the proper court or
b. The registrar of deeds must index attachments in the names quasi-judicial agency
of the applicant, adverse party, or person by whom the 2. Serving a notice of attachment upon the custodian of the
property is held or in whose name it stands in the records property [Rule 57, Sec. 7]
c. If attachment is not claimed on the entire area of land,
description sufficiently accurate for identification of such A previously attached property may also be subsequently attached. But
shall be included in the registration the first attachment shall have priority over subsequent attachments.
[Riano]
2. Personal property capable of manual delivery
a. Issue a corresponding receipt therefor
b. Then sheriff takes it and safely keeps it in his custody PROCEEDINGS WHERE ATTACHED PROPERTY IS CLAIMED BY
THIRD PERSON
3. Stocks or Shares, or an Interest therein, of any corporation or
company A third person who has a claim to the property attached may avail of
a. Leave a copy of the writ and a notice stating that these the following remedies:
properties are attached in pursuance of such writ
b. Leave these documents with the president, or managing 1. File terceria or third-party claim (Rule 57, Sec. 14)
agent thereof
a. Note that a third-party claim may be filed with the sheriff Only the defendant or party whose property is attached may move for
while has possession of the properties levied upon, this being its lifting. If the attachment is proper, the discharge should be by
the only time fixed for the purpose counterbond under Sec. 12 (KO Glass v. Valenzuela)
b. The claimant makes an affidavit of his title or right to
possession, stating the grounds of such right or title. The Effect of Dissolution on Plaintiff’s Attachment Bond
affidavit must be served upon the sheriff 1. Dissolution of preliminary attachment upon security given, or a
c. Substantial identical procedure as in terceria in Rule 39, Sec. showing if its irregular issuance, does not operate to discharge
16 the sureties on the attachment bond
2. That bond is executed to adverse party conditioned that the
2. File independent action to recover property; or applicant will pay all the costs which may be adjudged to
adverse party and all damages which he may sustain by reason
3. File motion for intervention of the attachment, if the court shall finally adjudge that
a. This is available only before judgment is rendered applicant was not entitled thereto (Sec. 4)
3. Until that determination is made, as to applicant’s entitlement to
attachment, his bond must stand and cannot be withdrawn
DISCHARGE OF ATTACHMENT AND COUNTER-BOND
After a writ of attachment has been enforced, the party whose property SATISFACTION OF JUDGMENT OUT OF PROPERTY ATTACHED (Rule
has been attached, or the person appearing on his behalf, may move 57, Sec. 15)
for the discharge of the attachment wholly or in part on the security
given. Procedure:
1. Pay to judgment obligee the proceeds of sale of perishable
Ways of Discharging Attachment property
1. Counterbond under Sec. 12 2. If there is any balance that remains due, sell property as may be
2. Motion for Discharge under Sec. 13 necessary to satisfy the balance if enough remains in the sheriff
or those of the clerk
Grounds for Discharge of Preliminary Attachment: 3. Collection of property of garnishee and proceeds paid to
1. Debtor has posted a counterbond or has made the requisite cash judgment oblige without need of prior permission to file action
deposit (Sec. 12) but may be enforced in the same action
2. Attachment was improperly or irregularly issued (Sec. 13) 4. Return must be made within 10 days from receipt of writ
a. As where there was no ground for attachment, or
b. The affidavit and/or bond filed are defective or insufficient
(Sec. 3)
3. Judgment is rendered against attaching creditor (Sec. 19)
4. Attachment is excessive, but the discharge shall be limited to
the excess (Sec. 13)
5. Property attached is exempt from execution
NOTE: There is a difference between the bond for issuance of writ and
bond for lifting the writ
1. Bond for issuance of writ (Sec. 4) – This is for damages by reason
of the issuance of the writ
2. Bond for lifting of writ (Sec. 5 and 12) – This is to secure the
payment of the judgment to be recovered
PRELIMINARY INJUNCTION
Same requirements for application as preliminary injunction.
DEFINITIONS AND DIFFERENCES An application for a TRO shall be acted upon only after all parties are
heard in a summary hearing, which shall be conducted within 24 hours
Injunction is a judicial writ, process, or proceeding whereby a party is after the sheriff's return of service and/or the records are received by
ordered to do or refrain from doing a particular act the branch selected by raffle. [Rule 58, Sec.4
The injunction should not establish new relations between the parties REQUISITES:
but merely re-establish the pre-existing relationship between them. 1. There must be a verified application
2. The applicant must establish that:
TRO v. Injunction a. He has a right to relief or a right to be protected and
b. The act against which the injunction is sought violates such
right
c. There is a need to restrain the commission or continuance of
TRO
Injunction the acts complained of and if not enjoined would work
injustice to him
May be granted ex parte if great
Cannot be granted without notice 3. A bond must be posted unless otherwise exempted by the court
and irreparable injury would
and hearing 4. The threatened injury must be incapable of pecuniary estimation
result otherwise
5. Prior notice and hearing for party/person sought to enjoined
(except in 72-hour TROs)
A TRO is issued in order to preserve the status quo until the hearing of
the application for preliminary injunction. [Bacolod City Water v.
Labayen (2004)]
KINDS OF INJUNCTION 1. To compel cohabitation [Arroyo v. Vasquez (1921)]
2. Cancellation of attachment [Levy Hermanos v. Lacson (1940)]
Kinds of Injunction: 3. Release imported goods pending hearing before the
1. Preliminary Preventive Injunction – Prohibits the performance of Commissioner of Customs. [Commissioner of Customs v. Cloribel
a particular act or acts (1967)]
4. To take property out of the possession or control of one party
2. Preliminary Mandatory Injunction – Requires the performance of and place it into that of another whose title has not clearly been
a particular act or acts. This is an extreme remedy which will be established [Pio v. Marcos (1974)]
granted only on showing that:
a. The invasion of the right is material and substantial
b. Right of complainant is clear and unmistakable WHEN WRIT MAY BE ISSUED
c. There is an urgent and paramount necessity
When: It may be issued at ANY stage PRIOR to the judgment or final
PRELIMINARY PRELIMINARY order
PROHIBITORY MANDATORY
INJUNCTION INJUNCTION Who: It may be granted by the court where the action or proceeding is
Purpose is to prevent pending. If the action or proceeding is pending in the Court of Appeals
Purpose is to require a or in the Supreme Court, it may be issued by said court or any member
a person from the
person to perform a thereof. (Rule 58, Sec. 2)
performance of a
particular act
particular act
The act has already
The act had not yet been performed and GROUNDS FOR THE ISSUANCE OF PRELIMINARY INJUNCTION
been performed this act has violated (Rule 58, Sec. 3)
the rights of another
Status Quo is Preliminary injunction may be granted when it is established that:
Status Quo is restored 1. Applicant is entitled to the relief demanded, or
preserved
2. Commission, continuance, or non-performance of the act
When preventive injunction does not lie; examples: complained of would work injustice to applicant, or
1. To restrain collection of taxes [Valley Trading v. CA](1989), 3. Party, court, agency or a person is doing, threatening, or is
except where there are special circumstances that bear the attempting to do, or is procuring or suffering to be done, some
existence of irreparable injury. [Churchill & Tait v. Rafferty act or acts probably in violation of the rights of the applicant
(1915)] respecting the subject of the action or proceeding
2. To restrain the sale of conjugal properties where the claim can be
annotated on the title as a lien, such as the husband’s obligation
to give support. [Saavedra v. Estrada (1931)] GROUNDS FOR OBJECTION TO, OR FOR MOTION OF DISSOLUTION
3. To restrain a mayor proclaimed as duly elected from assuming OF, INJUNCTION OR RESTRAINING ORDR (Rule 58, Sec. 6)
his office. [Cereno v. Dictado (1988)]
4. To restrain registered owners of the property from selling, Grounds for objection or dissolution
disposing and encumbering their property just because the 1. Upon showing of its insufficiency
respondents had executed Deeds of Assignment in favor of
petitioner. [Tayag v. Lacson (2004)] 2. Other grounds upon affidavits of the party or person enjoined.
5. Against consummated acts. [PNB v. Adi (1982); Rivera v. This may be opposed by the applicant by affidavits
Florendo (1986); Ramos, Sr. v. CA (1989)]
3. If it appears after hearing that although applicant is entitled to
When mandatory injunction does not lie; examples injunction or TRO, the issuance or continuance thereof, would
cause irreparable damage to party enjoined while applicant can
be fully compensated for such damages as he may suffer 2. If the matter is of extreme urgency and the applicant will suffer
a. PROVIDED that he files a bond grave injustice and irreparable injury
(1) Amount to be fixed by the court a. A TRO may be issued ex parte (after raffling of case) ordered
(2) Conditioned that he will pay all damages which the by the Executive judge of a multiple sala court or the
applicant may suffer by denial or dissolution of the presiding judge of a single-sala court
injunction or TRO b. Effective for 72 hours from issuance
(1) The applicant must then immediately comply with Sec. 4
If it appears that the extent of the preliminary injunction or restraining as to service of summons and documents
order granted is too great, it may be modified. (2) The Executive Judge shall then summon the parties to a
conference and raffle the case in their presence
This prohibition shall NOT APPLY when the matter is of extreme urgency
involving a constitutional issue, such that unless a temporary
restraining order is issued, grave injustice and irreparable injury will
arise. The applicant shall file a bond, in an amount to be fixed by the
court, which bond shall accrue in favor of the government if the court
should finally decide that the applicant was not entitled to the relief
sought.
1. When it appears from the verified application and other proof REQUISITES; REQUIREMENTS BEFORE ISSUANCE OF AN ORDER
that the applicant has an interest in the property or fund which is
the subject of the action or proceeding, and that such property Procedure:
or fund is in danger of being lost, removed, or materially injured 1. Verified application filed by the party requesting for the
unless a receiver be appointed to administer and preserve it; appointment of the receiver;
2. Applicant must have an interest in the property or funds subject
2. When it appears in an action by the mortgagee for the of the action;
foreclosure of a mortgage that the property is in danger of being 3. Applicant must show that the property or funds is in danger of
wasted or dissipated or materially injured, and that its value is being lost, wasted, or dissipated;
probably insufficient to discharge the mortgage debt, or that the 4. Application must be with notice and must be set for hearing;
parties have so stipulated in the contract of mortgage; 5. Before appointing a receiver, the court shall require applicant to
post a bond in favor of the adverse party. When the receiver is
3. After judgment, to preserve the property during the pendency of appointed, the receiver shall file a bond then take his oath.
an appeal, or to dispose of it according to the judgment, or to aid 6. Before entering upon his duties, the receiver must be sworn to
execution when the execution has been returned unsatisfied or perform his duties faithfully.
10. Invest funds in his hands, ONLY by order of the court upon the
Who Appoints Receiver: written consent of all the parties. [Rule 59, Sec. 6]
1. Court where the action is pending
2. CA Liability for refusal or neglect to deliver property to receiver:
3. SC 1. Contempt; and
4. During the pendency of an appeal, the appellate court may allow 2. Be liable to the receiver for the money or the value of the
an application for the appointment of a receiver to be filed in property and other things so refused or neglected to be
and decided by the court of origin. [Rule 59, Sec. 1] surrendered together with all damages that may have been
sustained by the party or parties entitled thereto as a
Receivership may be denied or lifted: consequence of such refusal or neglect. [Rule 59, Sec. 7]
1. If the appointment was sought or granted without sufficient
cause (Sec. 3) Remedies Against the Receiver
2. Adverse party files a sufficient bond to answer for damages (Sec. 1. No action against receiver can be maintained without leave of
3) court
3. Bond posted by applicant for grant of receivership is insufficient 2. An aggrieved party may:
(Sec. 5) a. Take the matter into the court which appointed the receiver
4. Bond of the receiver is insufficient (Sec. 5) and ask either for an accounting or take some other
proceeding, and ask for consequent judgment on the acts
complained of; or
THE RECEIVER b. Ask for leave of court to bring him an action directly
WHEN MAY WRIT BE ISSUED NOTE: The writ of replevin may be served anywhere in the Philippines.
Return of Property (Sec. 5) However, the rule requires that upon such order, the sheriff must serve
1. If the adverse party objects to the sufficiency of the bond, he a copy on the adverse party together with the required documents.
cannot immediately require the return of the property even by
counterbond. A sheriff’s prerogative does not give him the liberty to determine who
among the parties is entitled to possession.
2. If the adverse party DOES NOT object to the sufficiency of the
bond, he may require the return of the property When a writ is placed in the hands of a sheriff, it is his duty to proceed
a. When: At any time before delivery to applicant with reasonable celerity and promptness to execute it according to its
b. How: By filing a redelivery bond mandate.
1. Serve a copy of the order, together with the copies of the NOTE: These remedies are alternative.
application, the affidavit, and bond to the adverse party
No claim for damages for the taking or keeping of the property may be After trial of the issues, the court shall determine who has the right of
enforced against the bond UNLESS the action is filed within 120 days possession to and the value of the property and shall render judgment
from filing of the bond. in the alternative for the delivery thereof to the party entitled to the
same, or for its value in case delivery cannot be made, and also for
The procedure in Rule 60, Sec. 7 is similar to that in third-party claims in such damages as either party may prove, with costs.
execution (Sec. 16, Rule 39) and in attachment (Sec. 14, Rule 57).
A COMPARATIVE CHART ON THE PROVISIONAL REMEDIES
Preliminary Attachment Preliminary Injunction Receivership Replevin
To have the property of adverse
party attached as security for To require a party or a court,
satisfaction of judgment that may agency, or a person to reframe
be recovered in cases falling from doing a particular act/s To place the property subject of
under Sec. 1, Rule 57 an auction or proceeding under
To enable the court to acquire the control of a third party for its To recover possession of personal
PURPOSE
jurisdiction over the action by the preservation and administration property
actual or constructive seizure of pendente lite or as an aid to
Or to require the performance of
the property in those instances execution
particular act/s
where personal service of
summons on creditor cannot be
effected
SUBJECT Personal property capable of
Personal or real property Particular act/s Personal or real property
MATTER manual delivery
At any time prior to satisfaction of
WHEN At the commencement of action judgment At the commencement of the
At any stage prior to final
APPLIED/ OR `At any time prior to entry of It may be availed of even after action
judgment or final order
GRANTED judgment judgment becomes final under BUT before the filing of answer
Sec. 41, Rule 39
File verified application and File verified application and
applicant’s bond applicant’s bond
If application is included in
HOW APPLIED File affidavits and applicant’s File affidavits and applicant’s
initiatory pleading, adverse party Application may also be included
FOR bond bond
should be served with summons in initiatory pleading in actions for
together with a copy of initiatory foreclosure of mortgage
pleading and applicant’s bond
Required
EXCEPT:
Great or irreparable injury would
REQUIREMENT Not required Not Required
result or Extreme urgency and Required
OF A HEARING May be issued ex parte May be issued ex parte
applicant will suffer grave
injustice and irreparable injury
(Sec. 5, Rule 58
Only the court where the action is
Court where action is pending
pending
The CA or SC even if action is
Courts where the action is Lower court, CA or SC provided
WHO MAY pending in the lower court Only the court were action is
pending, the CA or the SC even if action is pending in the same
GRANT Appellate court may allow pending
action is pending in lower court court which issues the injunction
application for receivership to be
Also with the Sandiganbayan and
decided by the court of origin
CTA
REQUISITES 1. Sufficient cause of action 1. Applicant is entitled to relief 1. Applicant has interest in 1. Applicant is owner of the
FOR GRANTING 2. Case is covered by Sec. 1, Rule demanded property or fund, subject property claimed or is
APPLICATION 57 2. Act/s complained of would matter of action entitled to possession
3. No other sufficient security for work injustice to applicant if 2. Property or fund is in danger 2. Property is wrongfully
the claim exists not enjoined of being lost, or removed, or detained by the adverse party
4. Amount due to applicant or 3. Acts sought to be enjoined material injured 3. Property is not distrained or
probably violates applicant’s 3. Appointment is the most
value of property he is entitled taken for tax assessment or
rights respecting the subject convenient and feasible
to recover is equal to the sum fine pursuant to law, or seized
of the action or proceeding means of preserving,
which the order of attachment (if seized, that the property is
4. Threatened injury incapable of administering, disposing of
is granted exempt)
pecuniary estimation property in litigation
WHEN TO FILE
PROCEDURE
1. A complaint is filed.
6. Pre-trial is conducted.
DECLARATORY RELIEFS AND SIMILAR REMEDIES 2. If action involves the validity of a statute/executive
order/regulation/other governmental regulation, the Solicitor
NATURE General shall be notified. [Rule 63, Sec. 3]
3. If action involves the validity of a local government ordinance,
In Declaratory Relief, the subject matter is a deed, will, contract, or the prosecutor/attorney of the LGU involved shall be notified.
other written instrument, statute, executive order, or regulation, or [Rule 63, Sec. 4]
ordinance;
Non-joinder of interested persons is not a jurisdictional defect; but
Note: The enumeration of the subject matter is EXCLUSIVE persons not joined shall not be prejudiced in their interests unless
otherwise provided by the Rules. (Baguio Citizens Action v. City Council
Issue is the validity or construction of the subject matter of Baguio, 1983)
Purpose: To relieve the litigants of the common law rule that no It is filed In the appropriate RTC (incapable of pecuniary estimation)
declaration of rights may be judicially adjudged unless a right has been
violated and for the violation of which relief may be granted. Original jurisdiction of a petition for declaratory relief is with the RTC.
Characteristics
1. The concept of a cause of action is not applicable to declaratory REQUISITES OF ACTION FOR DECLARATORY RELIEF
relief since this SCA presupposes that there has been no breach
or violation of the 1. Subject matter of controversy must be a deed, will, contract, or
2. instruments involved other written instrument, statute, executive order or regulation,
3. Unlike other judgments, judgment in an action for declaratory or ordinance. (Enumeration is exclusive)
relief does not essentially entail any execution process
2. Actual justiciable controversy or “ripening seeds” of one
between person whose interests are adverse
WHO MAY FILE THE ACTION (Rule 63, Sec. 1)
3. No breach of documents in question
1. Any person interested under a deed, will, contract or other
written instrument 4. Doubtful as to the terms and validity of the document and
a. He must file before breach require judicial construction
2. Any person whose rights are affected by a statute, executive 5. Issue is ripe for judicial determination, as where all
order or regulation, or ordinance, or any other governmental administrative remedies have been exhausted
regulation
a. He must file before violation 6. Adequate relief is not available through other means or other
forms of action or proceeding
PARTIES
WHEN COURT MAY REFUSE TO MAKE JUDICIAL DECLARATION
1. All persons who have or claim any interest which would be
affected by the declaration [Rule 63, Sec. 2] Court has DISCRETION to REFUSE to Grant Declaratory Relief when:
(Rule 63, Sec. 5)
1. The decision will not terminate the controversy or uncertainty REVIEW OF JUDGMENTS AND FINAL ORDERS OR
giving rise to the action; or RESOLUTION OF THE COMELEC AND COA
2. The declaration or constitution is not necessary and proper
under the circumstances
SCOPE (Rule 64, Sec. 1)
How Done: Motu proprio, or on motion
Applicable only to judgments and final orders of the COMELEC and COA
[Rule 64, Sec. 1]
CONVERSION TO ORDINARY ACTION (Rule 63, Sec. 6)
Judgments/orders of the Civil Service Commission are now reviewable
When proper: If before the final termination of the case, a breach or by the Court of Appeals under Rule 43, eliminating recourse to the
violation of the instrument or status occurs. Then, petition is converted Supreme Court (SC). [RA 7902; SC Revised Administrative Circular No.
into an ordinary action 1-95]
Effect of Conversion: Parties shall be allowed to file such pleadings as An aggrieved party may bring the questioned judgment, etc. directly to
may be necessary or proper the SC on certiorari under Rule 65. [Rule 64, Sec. 2]
NOTE: If there has been breach or violation BEFORE filing of the Basis: This new rule is based on the provisions of Art. IX-A, 1987
petition, declaratory relief cannot be availed of. Constitution regarding the three constitutional commissions provided
for therein.
PROCEEDINGS CONSIDERED AS SIMILAR REMEDIES
Actions similar to Declaratory Relief and may be brought under Rule 63: APPLICATION OF RULE 65 UNDER RULE 64
(may be filed with the MTC)
1. Action for reformation (See Art. 1359-1369 Civil Code) The aggrieved party may bring a judgment or final order or resolution of
2. Action to quiet title or remove cloud (See Art. 476-481 Civil the COMELEC and COA to the SC on certiorari under Rule 65 and not on
Code) appeal by certiorari under Rule 45
3. Action to consolidate ownership (See Art. 1607 Civil Code)
NOTE: The petition should be filed EXCLUSIVELY with the SC
These remedies are considered similar to declaratory relief because
they also result in the adjudication of the legal rights of the litigants Unlike in Rule 65, petition should be filed within 30 days from notice of
often without the need of execution to carry the judgment into effect judgment or final order or resolution sought to be reviewed.
However we must make a distinction: Filing of MFR or MNT, if allowed under the procedural rules of the
1. In those cases similar to declaratory relief, the court is BOUND to Commission, shall interrupt the 30-day period.
render judgment
2. In actions for declaratory relief, the court MAY REFUSE to If denied, aggrieved party may file petition within the remaining period
exercise the power to declare rights and to construe instruments but it shall not be less than 5 days in any event from notice of denial.
PROCEDURE
Questions of fact cannot be raised in an original action for certiorari. A writ of mandamus will not issue to control the exercise of official
Only established or admitted facts may be considered. (Suarez, NLRC, discretion or judgment, or to alter or review the action taken in the
1998) proper exercise of the discretion of judgment, for the writ cannot be
used as a writ of error or other mode of direct review.
Where appeal is available, certiorari will not lie. Exceptions:
1. Where the appeal does not constitute a speedy and adequate However, in extreme situations generally in criminal cases, mandamus
remedy lies to compel the performance of the fiscal of discretionary functions
2. Where orders were also issued either in excess or without where his actuations are tantamount to a wilful refusal to perform a
jurisdiction required duty. [Regalado]
3. For certain special considerations, as public welfare or public
policy Grounds for Mandamus:
4. Where, in criminal actions, the court rejects the rebuttal 1. When any tribunal, corporation, board, officer or person,
evidence for the prosecution as, in case of acquittal, there could UNLAWFULLY NEGLECTS the performance of an act which the law
be no remedy specifically enjoins as a duty resulting from an office, trust, or
5. Where the order is a patent nullity station
6. Where the decision in the certiorari case will avoid future 2. When any tribunal, corporation, board, officer, or person,
litigations UNLAWFULLY EXCLUDES another from the due and enjoyment of
a right or office to which the other is entitled
Such order shall be served on the respondents in such manner Rule 65, Sec. 7 provides for the issuance of a temporary restraining
as the court may direct, together with a copy of the petition and order, and not only for a writ of preliminary injunction, but such order
any annexes thereto. [Rule 65, Sec. 6] shall be subject to the rules on the grounds and duration thereof.
[Regalado]
3. Hearing or Memoranda - After the comment or other pleadings
required by the court are filed, or the time for the filing thereof General Rule: The petition shall not interrupt the course of the principal
has expired, the court may hear the case or require the parties case.
to submit memoranda. [Rule 65, Sec. 8]
The public respondent shall proceed with the principal case WITHIN 10
4. Judgment - If after such hearing or submission of memoranda or DAYS from filing of the petition for certiorari with the higher court,
the expiration of the period for the filing thereof, the court finds absent a TRO or preliminary injunction, or upon its expiration. Failure
that the allegations of the petition are true, it shall render may be a ground for an administrative charge (AM No. 07-7-12-SC)
judgment for the relief prayed for or to which the petitioner is
entitled. Exception: Unless a TRO or preliminary injunction has been issued
against the public respondent from further proceedings in the case
The court, however, may dismiss the petition if it finds the same
to be:
a. Patently without merit, FACTS/OMISSIONS OF MTC/RTC IN ELECTION CASES
b. Prosecuted manifestly for delay, or
c. The questions raised therein are too unsubstantial to require In election cases involving an act or an omission of a municipal or
consideration. [Rule 65, Sec. 8] regional trial court, the petition shall be filed EXCLUSIVELY with the
Commission on Elections, in aid of its appellate jurisdiction (Rule 65,
5. Service and Enforcement of Order or Judgment - A certified copy Sec. 4, as amended in AM No. 07-7-12-SC)
of the judgment rendered shall be served upon the court, quasi-
judicial agency, tribunal, corporation, board, officer or person
concerned in such manner as the court may direct, and EFFECTS OF FILING AN UNMERITORIOUS PETITION
disobedience thereto shall be punished as contempt.
The court, however, may dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the
RELIEFS PETITIONER IS ENTITLED TO questions raised therein are too unsubstantial to require consideration.
(Rule 65, Sec. 8)
Petitioner may be entitled to:
1. Injunctive relief – Court may may issue orders expediting the In these cases, the court may award TREBLE COSTS solidarily against
proceedings, and it may also grant a temporary restraining order petitioner and counsel, in addition to administrative sanctions
or a writ of preliminary injunction for the preservation of the
rights of the parties [Rule 65, Sec. 7] Court may impose, motu proprio, based on res ipsa loquitur, other
2. Incidental reliefs as law and justice may require [Rule 65, Secs. 1 disciplinary sanctions for patently dilatory and unmeritorious petitions
and 2] (AM No. 07-7-12-SC)
3. Other reliefs prayed for or to which the petitioner is entitled
[Rule 65, Sec. 8]
QUO WARRANTO NATURE
Quo Warranto literally means “by what authority”. public office, position or franchise;
It is a prerogative writ by which the government can call upon any A public officer, who does or suffers
person to show by what warrant he holds a public office or exercises a an act which, by provision of law,
public franchise. constitutes a ground for forfeiture
of office
When the inquiry is focused on the legal existence of a body politic, the
action is reserved to the State in a proceeding for quo warranto or any In fine, Rule 66 applies to quo warranto IN GENERAL while election law
other direct proceeding. governs quo warranto against SPECIFIED elective officials.
Subject Matter: The subject matter of a quo warranto may be a public AGAINST WHOM MAY THE ACTION BE BROUGHT (Rule 66, Sec. 1)
office, franchise, or position.
1. A PERSON who USURPS, intrudes into, or unlawfully holds or
NOTE: NOTE: Rule 66 deleted an office in a corporation created exercises a public office, position, or franchise
by authority of law. This falls under the jurisdiction of the SEC 2. A PUBLIC OFFICER who does or suffers an act, which, by
under PD 902-A. provision of law, constitutes a ground for FORFEITURE OF OFFICE
3. An ASSOCIATION which acts as a corporation within the
Jurisdiction to Issue Writ: Original jurisdiction to issue the writ of quo Philippines without being legally incorporated or without lawful
warranto is vested in the SC, CA, and RTC. authority to act
Period to File: The action must be commenced within 1 year from the
date after the cause of such ouster or the right of the petitioner to hold
such office or position arose. (Sec. 11)
Reduction of Period: The court may reduce the period for filing and for
all other proceedings in the action to secure most expeditious
determination of the matters involved therein, consistent with the rights
of the parties.
Eminent Domain is the right and authority of the State, as sovereign, to TWO STAGES IN EVERY ACTION FOR EXPROPRIATION
take private property for public use upon observance of due process
and payment of just compensation. First Stage: Determination of the authority of the plaintiff to exercise
the power of eminent domain and the propriety of its exercise in the
It is a government’s right to appropriate, in the nature of a compulsory context of the facts involved. This ends with either:
sale to the State, private property for public use or purpose. 1. An order of dismissal, or
2. An order of expropriation
Requisites for the Valid Exercise of the Right
1. There must be due process of law Second Stage: Determination of the just compensation for the property
2. Payment of just compensation sought to be taken.
3. Taking must be for public use
NOTE: Multiple appeals is allowed in expropriation. Aggrieved party may
Subject Matter of Expropriation: All properties can be expropriated, appeal in each stage separately.
EXCEPT:
1. Money (futile; because of just compensation)
2. Choses in action (conjectural in nature; validity and its value) WHEN PLAINTIFF CAN IMMEDIATELY ENTER INTO POSSESSION
OF THE REAL PROPERTY, IN RELATION TO R.A. NO. 8974
When is Expropriation Proper:
1. When the owner refuses to sell Plaintiff shall have the right to take or enter upon possession of the real
2. When he agrees to sell but an agreement as to the price cannot property upon:
be reached. 1. Filing of complaint or at any time thereafter, and after due notice
to defendant
4. Making preliminary deposit (Rule 67, Sec. 2)
MATTERS TO ALLEGE IN COMPLAINT FOR EXPROPRIATION
Preliminary deposit:
Contents of the Complaint (Rule 67, Sec. 1)
1. State with certainty the right and purpose of expropriation Provide damages if court finds that
a. Where the right of the plaintiff to expropriate is conferred by the plaintiff has no right to
law, complaint does not have to state with certainty the right expropriate
of expropriation (MRR Co. v. Mitchel) Purpose
2. Describe the real or personal property sought to be expropriated s Advance payment for just
3. Joining of defendants compensation, if property is finally
a. All persons owning or claiming to own, or occupying, any part expropriated
thereof or interest therein. showing separate interest of each
defendant, as far as practicable If Real Property - Equivalent to the
b. Make the following averments, if needed: assessed value of the property for
(1) If title appears to be in the Republic, although occupied purposes of taxation
Value
by private individuals If Personal Property – Value shall be
(2) If title is otherwise obscure or doubtful so that plaintiff provisionally ascertained and fixed by
cannot with accuracy or certainty specify who the real the court
owners are Where With the authorized government
depositary required to immediate
to
Amount is to be held by such bank make payment to owner
deposit TO ISSUE
subject to the orders of the court preliminary upon filing of
Deposit shall be in money deposit complaint
Equal to the
UNLESS, in lieu of money, court market value of
Form of
authorizes deposit of a certificate of the property as
Deposit
deposit of a government bank of the Equal to stated in the tax
Republic, payable on demand to the assessed declaration or
authorized government depositary AMOUNT OF value of current relevant
PAYMENT OR real zonal value of BIR,
After the deposit, court shall order sheriff or proper officer to place DEPOSIT property for whichever is
plaintiff in possession of the property. Such officer shall promptly submit purposes of higher, and value
a report to the court with service of copies to parties. taxation of improvements
and/or structures
NOTE: Preliminary deposit is only necessary if the plaintiff desires entry using replacement
on the land upon its institution of the action. Otherwise, he could always cost method
wait until the order of expropriation is issued before it enters upon the
land. Remember the Applicable Rules:
1. RA 8974 specifically governs expropriation for national
Once the preliminary deposit has been made, the expropriator is government infrastructure projects
entitled to a writ of possession as a matter of right, and the issuance of 2. Sec 19, LGC governs the exercise of the power of eminent
said writ becomes ministerial on the part of the trial court (Biglang-Awa domain by LGUs through an enabling ordinance
v. Bacalla)
On Nov. 7, 2000, Congress enacted RA 8974, a special law to facilitate For the acquisition of right-of-way, site or location for any national
the acquisition of right of way, site, or location for national government government infrastructure project through expropriation, upon the filing
infrastructure projects: of the filing of the complaint, and after due notice to the defendant, the
implementing agency shall immediately pay the owner of the property
RULE 67, the amount equivalent to the sum of (1) 100 percent of the value of the
RA 8974
SEC. 2 property based on the current relevant zonal valuation of the BIR; and
Only when (2) the value of the improvements and/or structures as determined
national under Sec. 7 of RA 8974 (Sec. 4, RA 8974)
government
Expropriati expropriates
APPLICATION on in property for DEFENSES AND OBJECTIONS
general national
government No Objection Or Defense To The Has Objection Or Defense To
infrastructure Taking The Taking
projects
What to file and serve
FOR WRIT OF Governmen Government is
POSSESSION t is required to make
Notice of appearance and 2. No party appears to defend the case
Answer to the complaint
manifestation
Contents of the Order:
Period to file 1. That the plaintiff has a lawful right to take the property sought to
Time stated in the summons be expropriated
Contents 2. For public use or purpose described in the complaint
Specifically 3. Upon payment of just compensation
designating/identifying the a. To be determined as of the date of taking, or
Manifestation to the effect that
property in which he claims to b. The filing of the complaint, whichever came first
he has no objection or defense;
have an interest in and the
nature and extent of the Remedy of Defendant: Order of condemnation is final, not interlocutory.
Specifically
interest; Hence, it is appealable.
designating/identifying the
property in which he claims to be
ALL his objections and defenses Effects of the Order:
interested
to the complaint or any 1. Plaintiff not permitted to dismiss or discontinue the proceeding
allegation therein a. EXCEPTION: On such terms as the court deems just and
Prohibited equitable, plaintiff may be allowed to dismiss or discontinue
2. Forecloses any further objections to the right to expropriate,
Counterclaim, cross-claim, third including the public purpose of the same
party complaint in any pleading
NOTE: A defendant waives all defenses and objections not so alleged, ASCERTAINMENT OF JUST COMPENSATION (Rule 67, Sec. 5)
but the court, in the interest of justice, may permit amendments to the
answer not to be made later than ten (10) days from filing thereof. Upon rendition of the Order of Expropriation, the court issues an Order
of Appointment.
NOTE: In any case, in the determination of just compensation,
defendant may present evidence as to the amount of compensation to Order of Appointment:
be paid. 1. Court appoints not more than 3 commissioners to ascertain and
report to the court the just compensation for the property
NOTE: The defendant CANNOT be declared in default for failure to file
Answer. Failure to file an answer would result to the court’s judgment on 2. Contents:
the right to expropriate without prejudice to the right to present a. It shall designate the time and place of the first session of
evidence on the just compensation and to share in the distribution of hearing to be held by commissioner
the award. b. Specify the time within which their report shall be submitted
to court
ORDER OF EXPROPRIATION (Rule 67, Sec. 4) 3. Procedures:
a. Copies of the Order shall be served on the parties
Order of Expropriation - It is the order declaring that the plaintiff has b. Objections to appointment:
lawful right to take the property. (1) Filed with the court within 10 days from service
(2) Objections shall be served to all commissioners
When Issued: It is issued when: (3) Resolved within 30 days after all commissioners shall
1. Objections or defenses against the right of plaintiff to have received copies
expropriate are overruled; or
Just Compensation 2. They shall assess the consequential damages to the property not
taken and deduct from such the consequential benefits to be
Just Compensation has been defined as the full and fair equivalent of derived by owner
the property taken from its owner by the expropriator. Just a. In no case shall the consequential benefits assessed exceed
compensation means not only the correct determination of the amount the consequential damages
to be paid but also the payment of the land within a reasonable time b. In no case shall the owner be deprived of the actual value of
from its taking. his property taken
Is “that sum of money which a person desirous but not compelled to Commissioners shall make a full and accurate report to the court of all
buy, and an owner willing but not compelled to sell, would agree on as a their proceedings.
price to be given and received therefore.” [BPI v. CA (2004)]
Such proceeding shall not be effectual until court has accepted their
Time when market value should be fixed: report and rendered judgment in accordance with their
1. When plaintiff takes possession before institution of proceedings, recommendations.
value should be fixed as of the TIME OF TAKING
2. When the taking coincides with or subsequent to the Report shall be filed within 60 days from date commissioners were
commencement of proceedings, DATE OF FILING of the notified of their appointment. Time may be extended by court
complaint should be the basis discretion,
Upon filing, clerk shall serve copies of the Commissioners’ Report to all
interested parties. Clerk includes a notice that parties are allowed to file
APPOINTMENT OF COMMISSIONERS; COMMISSIONER’S REPORT; objections to the report within 10 days from notice
COURT ACTION UPON REPORT
Action Upon Commissioners’ Report (Rule 67, Sec. 8)
Qualifications of the Commissioners: 1. When court renders judgment: Upon
1. Competent and a. Filing of objections to the report or of the agreement thereon
2. Disinterested of all interested parties; or
b. Expiration of 10-day period to object from the report
Proceedings by Commissioners (Rule 67, Sec. 6)
1. Commissioners shall first take and subscribe an oath that they 2. Court may:
will faithfully perform their duties. Oath shall be filed in court a. After hearing, accept the report and render judgment in
together with other proceedings. accordance therewith
2. Evidence may be introduced by either party before the b. Recommit to commissioners for further report of facts, for
commissioners who are authorized to administer oaths on cause shown
hearings before them c. Set aside the report and appoint new commissioners;
d. Accept the report in part and reject in part
Duties of Commissioners: e. Make such order or render such judgment as shall secure the
1. View and examine the property sought to be expropriated and its plaintiff and the defendant
surroundings, and may measure the same
a. Due notice to parties to attend must first be given UNLESS
the parties consent to the contrary RIGHTS OF PLAINTIFF UPON JUDGMENT AND PAYMENT (Rule 67,
b. After this, each party may argue the case Sec. 10)
When will the right of plaintiff TO ENTER the property sought to be FORECLOSURE OF REAL ESTATE MORTGAGE
appropriated or RIGHT TO RETAIN it should he have taken immediate
possession thereof accrue? NATURE
1. RIGHT TO RETAIN: Upon filing of complaint, serving notice to
defendant, and after depositing the assessed value of property Foreclosure of Mortgage is a proceedings in a court of justice conducted
for taxation purposes with authorized government depositary according to legal forms by which the mortgagee or his successors or
(Sec. 2) one who has by law succeeded to the rights and liabilities of the
mortgagee undertakes to dispose of, to ban, to cut-off the legal and
2. RIGHT TO ENTER: equitable claims of lien holders or of the mortgagors or those who have
a. Upon payment by plaintiff to defendant of compensation succeeded to the rights and liabilities of the mortgagor.
fixed by judgment, with legal interest from taking (Sec. 10)
b. After tender to defendant of amount so fixed and payment of The cause of action in a foreclosure suit is generally the non-payment of
the costs (Sec. 10) the mortgage loan, but it may be on other grounds which under the
contract warrant the foreclosure, such as the violation of the other
conditions therein.
EFFECT OF RECORDING OF JUDGMENT
Foreclosure may be made:
Contents of the Judgment 1. Judicially – governed by Rule 68
1. Statement of the particular property or interest therein 2. Extrajudicially – proper only when so provided in contracts in
expropriated, with adequate description accordance with Act. No. 3135; governed by A.M. No. 99-10-05-
2. Nature of the public use or purpose for which it is expropriated 0.
JUDGMENT ON FORECLOSURE FOR PAYMENT OR SALE (Rule 68, Order of Confirmation - When confirmed by an order of the court, also
Sec. 2) upon motion, it shall operate to divest the rights in the property of all
the parties to the action and to vest their rights in the purchaser,
If upon trial, the facts set forth in the complaint are true, the court shall: subject to such rights of redemption as may be allowed by law.
1. Ascertain the amount due to the plaintiff upon the mortgage
debt or obligation including interests, other charges approved, Confirmation of the sale of mortgaged real property vests title in the
costs purchaser including the equity of redemption, it retroacts to the date of
the sale. It cuts off all the rights or interests of the mortgagor and of the
2. Render judgment for the sum so found due mortgagee. [Lozame v Amores (1985]].
3. Order that the amount be paid to the court or to judgment The motion for the confirmation of the sale requires a hearing to grant
obligee an opportunity to the mortgagor to show cause why the sale should not
a. Within a period of not less than 90 days but not more than be confirmed [Tiglao v Botones, 90 Phil 275], as by proof of
120 days from entry of judgment irregularities therein or of gross inadequacy of the price. Lack of notice
b. In default of such payment, property shall be sold at public vitiates the confirmation of the sale.
auction to satisfy judgment
Writ of Possession - Upon the finality of the order of confirmation or
Judgment on Foreclosure is the judgment of the court ordering the upon the expiration of the period of redemption when allowed by law,
debtor to pay within 90-120 days from entry of judgment after the purchaser at the auction sale or last redemptioner, if any, shall be
ascertaining the amount due to plaintiff entitled to the possession of the property, unless a third party is
actually holding the same adversely to the judgment obligor.
NOTE: Multiple appeals are allowed under Rule 68
1. Judgment of foreclosure is appealable (Sec. 2)
2. Order confirming foreclosure sale is a final disposition with DISPOSITION OF PROCEEDS OF SALE (Rule 68, Sec. 4)
respect to the issue of validity and regularity of the sale (Sec. 3)
3. Deficiency judgment is a disposition on the merits of the 1. Amount realized from the foreclosure sale, less costs of the sale,
correctness of such award (Sec. 6) shall be paid to the person foreclosing
Who May File: A person having the right to compel partition of real When there was a prior partition, the fact that the share of each co-heir
estate, or of personal property, or both real and personal property (Sec. has not been technically described and the title over the whole lot
1, Sec. 13) remains uncancelled does not negate such partition.
Venue: An action for partition should be filed in the RTC of the province There can be no partition again because there is no more common
where the property or part thereof is situated. property. [Noceda v. CA (1999)]
Parties
1. The plaintiff is the person who is supposed to be a co-owner of ORDER OF PARTITION AND PARTITION BY AGREEMENT
the property
2. Defendants are all the co-owners, who are indispensable parties Order of Partition: The court issues an order of partition AFTER the trial
3. Creditors or assignees of co-owners may also intervene and and the court finds that the plaintiff has a right to partition. The court
object to the partition orders the partition of the property.
MATTERS TO ALLEGE IN THE COMPLAINT FOR PARTITION The parties may make the partition proper themselves, by agreement:
1. After the issuance of the order of partition, the parties will then
Contents of the Complaint: be asked if they agree to make partition of the property among
1. Nature and extent of his title themselves
2. Adequate description of the real estate sought to be partitioned
3. Joining of Defendants – All other persons interested in the 2. If they agree, proper instruments of conveyance will be executed
property to effect the partition.
First Stage: Determination of the propriety of partition 4. The final order of partition and the instruments of conveyance
shall be registered with the Registry of Deeds where the property
This involves a determination of whether the subject property is owned is situated. [Rule 69, Sec. 2]
in common and whether all the co-owners are made parties in the case.
The order may also require an accounting of rents and profits recovered PARTITION BY COMMISSIONERS; APPOINTMENT OF
by the defendant. This order of partition is appealable. [Miranda v. COMMISSIONERS; COMMISSIONER’S REPORT; COURT ACTION
Court of Appeals (1976)] UPON COMMISSIONER’S REPORT
If not appealed, then the parties may partition the common property in When proper: If parties fail to agree on the manner of partition,
the way they want. If they cannot agree, then the case goes into the commissioners are appointed to make partition.
second stage. However, the order of accounting may in the meantime
be executed. [De Mesa v. CA (1994)] How Done: The court appoints not more than 3 competent and
disinterested commissioners to make the partition. (Sec. 3)
Assignment of Real Estate to One Party (Sec. 5) Contents of Judgment Effects of Judgment
1. General Rule: If the commissioners should determine that the
real estate cannot be divided without prejudice to the interests If Actual Partition Is Properly Made
of the parties, the court may order that the property be assigned Judgment shall state definitely, by
to one of the parties willing to take the same PROVIDED he pays Judgment shall vest in each
metes and bounds and adequate
to the other parties such amounts as the commissioners deem party to the action in severalty
description, the particular portion
equitable the portion of the real estate
of the real estate assigned to each
assigned to him.
party.
2. Exception: if one of the parties asks that the property be sold If The Whole Property Is Assigned To One Of The Parties After
instead of being so assigned, then the court shall ORDER the Payment
commissioners to sell the real estate at public sale under such
Judgment shall vest in the party
conditions and within such time as the court may determine Judgment shall state the fact of
making the payment the whole
such payment and of the
of the real estate free from any
Commissioner’s Report: Commissioners shall make a full accurate assignment of the real estate to
interest on the part of the other
report to the court. Contents: the party making the payment.
parties.
1. All proceedings as to the partition, or
If Property Is Sold And Sale Is Confirmed By The Court
2. The assignment of real estate to one of the parties, or
3. The sale of the same
Judgment shall state the name of Judgment shall vest the real
Upon filing of Commissioner’s Report:
the purchaser or purchasers and a estate in the purchaser(s),
1. Clerk shall serve copies on all interested parties with notice that
definite description of the parcels making the payment(s) free
they are allowed to file objections
of real estate sold to each from the claims of any parties
2. Parties may file objections within 10 days upon receipt of notice
purchaser to the action.
Hearing on the Report (Sec. 7)
1. When Conducted:
a. Upon expiration of the 10 day period for filing objections; or A certified copy of the judgment shall in either case be recorded in the
b. Even before expiration but after the interested parties have registry of deeds of the place in which the real estate is situated. [Rule
filed their objections or their statement of agreement 69, Sec. 11]
therewith
PARTITION OF PERSONAL PROPERTY FORCIBLE ENTRY AND UNLAWFUL DETAINER
The provisions of Rule 69 shall apply to partitions of estates composed NATURE
of personal property, or of both real and personal property, in so far as
the same may be applicable. (Sec. 13) Ejectment cases are SUMMARY proceedings intended to provide an
expeditious means of protecting actual possession of property.
PRESCRIPTION OF ACTION Reason: The owners of property have no authority to use force and
violence to eject alleged usurpers who were in prior physical possession
The right of action to demand partition does not prescribe [De Castro v. of it. They must file the appropriate action in court and should not take
Echarri (1911)], EXCEPT where one of the interested parties openly and the law in their own hands.
adversely occupies the property without recognizing the co-ownership
[Cordova v. Cordova (1958)] in which case, acquisitive prescription may NOTE: The Rule on Summary Procedure applies only in cases
set in. filed before the MTC
If a co-owner repudiates the co-ownership and makes known such DEFINITIONS AND DISTINCTIONS
repudiation to the other co-owners, then partition is no longer a proper
remedy of the aggrieved co-owner. He should file an accion FORCIBLY ENTRY UNLAFUL DETAINER
reivindicatoria, which is prescriptible. [Roque v. IAC (1988)] (Detentacion) (Desahucio)
Possession is
Possession of land by inceptively lawful but
defendant is unlawful it becomes illegal by
from the beginning as reason of the
he acquires termination of his right
possession by force, to possession of the
intimidation, strategy, property under his
threat, or stealth contract with the
plaintiff
Demand is
No previous demand jurisdictional if the
for defendant to ground is non-
vacate the premises is payment of rentals or
necessary failure to comply with
lease contract
Plaintiff must prove
that he was in prior
Plaintiff need not have
physical possession of
been in prior physical
the premises until he
possession
was deprived thereof
by defendant
The 1-year period is
Period is counted from
generally counted
the date of last letter
from date of actual
of demand
entry on land
The issue centers on The issue centers on
whether the
who was in prior
defendant’s right to HOW TO DETERMINE JURISDICTION
possession de facto.
possess has expired or
not. In Accion Interdictal: In the proper Municipal Trial Court
NOTE: Amount of rents and damages claimed does not affect the
DISTINGUISHED FROM ACCION PUBLICIANA, ACCION jurisdiction of the MTC because they are only incidental or
REINVINDICATORIA, ACCION INTERDICTAL accessory to the main action
The Three Kinds of Action for Recovery of Possession HOWEVER, municipal courts have no jurisdiction over a FEUD case
involving agricultural tenants. Jurisdiction is with the HLURB
ACCION
ACCION ACCION In accion publiciana and accion reinvindicatoria:
REINVINDICATOR
INTERDICTAL PUBLICIANA 1. RTC has jurisdiction where the assessed value of the property
IA
A plenary exceeds P20K or, in MM, P50k
Summary 2. MTC has jurisdiction if the assessed value does not exceed said
action for
action for amounts
recovery of An action for
recovery of
real right of recovery of
physical
possession ownership, which
possession WHO MAY INSTITUTE THE ACTION AND WHEN; AGAINST WHOM
when necessarily
where the MAINTAINED
dispossessi includes the
dispossession
on has recovery of
has not lasted Who May Institute Proceedings (Rule 70, Sec. 1)
lasted for possession
for more than 1. In Forcible Entry:
more than
1 year a. A person deprived of possession of any land or building by
one year
All cases of force, intimidation, strategy, threat, or stealth (FISTS)
forcible entry
and unlawful 2. In Unlawful Detainer:
detainer, a. Lessor, vendor, vendee or other person against whom any
irrespective of land or building is unlawfully withheld
RTC has jurisdiction if value of b. Or their legal representatives or assigns
the amount of
the property exceeds P20,000
damages or
outside Metro Manila; exceeds Period of Filing: Within ONE (1) year after such unlawful deprivation or
unpaid
P50,000 within Metro Manila. withholding of possession. Reckoning points:
rentals
sought to be 1. For forcible entry, it is counted from date of entry or taking of
MTC has jurisdiction if value of possession
recovered
property does not exceed the 2. For unlawful detainer, it is counted from:
should be
above amounts a. Date of last demand to vacate in case of non-payment of rent
brought to
(RA 7691 expanded the or non-compliance with conditions of the lease
the MTC.
jurisdiction of 1st level courts) b. Date of notice to quit, in case of tacit renewal of lease
However, if
not brought c. Date of revocation of the permit in case of occupancy on
within 1 year, mere tolerance or under temporary permit
RTC has
jurisdiction
Against whom may the action be maintained - Person or persons 1. Dismiss the case outright on any grounds mentioned in Rule 16
unlawfully withholding or depriving of possession, or any person/s 2. If there is no ground for dismissal, court issues summons
claiming under them:
1. Action of Forcible Entry and Unlawful Detainer (FEUD) may be Answer by defendant (Rule 70, Sec. 6) – Defendant shall file his answer
maintained only against one in possession at the within 10 days from service of summons
commencement of the action
2. Tenant with right of possession may bring action against another Effect of Failure to Answer (Rule 70, Sec. 7) - Court shall render
tenant judgment; motu proprio or upon motion
3. Vendor may bring action for ejectment against vendee upon 1. Judgment:
failure to pay installments a. Warranted by the facts alleged in the complaint
4. FEUD lie against the very owner of the property b. Limited to what is prayed for
5. Action may be maintained against government officials or agents 2. Court may reduce the amount of damages and attorney’s fees
acting in behalf of the government, even if government is not claimed
made a party to the action a. For being excessive or otherwise unconscionable
b. In the exercise of its discretion
c. No prejudice to applicability of Sec. 3(c), Rule 9 if there are 2
PLEADINGS ALLOWED or more defendants
Pleadings must be VERIFIED. (Rule 70, Sec. 4) Preliminary Conference (Rule 70, Sec. 8) – Preliminary conference shall
be held not later than 30 days after filing of last answer.
What must be alleged in a complaint for forcible entry:
1. That plaintiff was in prior physical possession of the property in Submission of Affidavits and Position Papers (Rule 70, Sec. 10) –
litigation until he was deprived thereof by defendant Affidavits and position papers are to be submitted within 10 days from
2. That the dispossession was through FISTS receipt of the Order stating the matters taken in the preliminary
3. That the complaint was filed within 1 year from dispossession conference.
What must be alleged in a complaint for unlawful detainer: Rendition of Judgment (Rule 70, Sec. 11) – Court shall render judgment
1. That defendant is unlawfully withholding possession from within 30 days after receipt of affidavits and position papers.
plaintiff because his right to possess had expired
2. That landlord has made a demand upon tenant to comply with
the terms of the contract and to return the possession of the WHEN DEMAND NECESSARY
property, and that the tenant failed to satisfy the demand within
15 or 5 days, in case of buildings Rule 70, Sec. 2 requires a prior written demand against the lessee
3. That the complaint is filed within 1 year from demand before the lessor can proceed against him.
Demand upon a tenant may be oral. (Jakihaca v. Aquino, 1990) Under BP 129, when in FEUD cases, the defendants raise the question
of ownership in his pleadings, and the issue of ownership, the MTCs
A person who occupies the land of another at the latter's tolerance or nevertheless have undoubted competence to resolve the issue of
permission, without any contract between them is necessarily bound by ownership ONLY TO DETERMINE THE ISSUE OF POSSESSION
an implied promise that he will vacate upon demand, failing which, an
action for unlawful detainer may be instituted against him. (Dakudao v. Guidelines laid down by the Court in Refugia, et al. v. CA regarding the
Consolacion, 1983) legislative prescription in Sec. 33 (2). BP 129:
1. Primal rule is that the principal issue must be that of possession
a. Ownership is merely ancillary
PRELIMINARY INJUNCTION AND PRELIMINARY MANDATORY b. Issue of ownership may be resolved but only for the purpose
INJUNCTION of determining the issue of possession
Court may grant preliminary injunction in accordance with Rule 58 to 2. It must sufficiently appear from allegations of complaint that
prevent defendant from committing further acts of dispossession what plaintiff really and primarily seeks is restoration of
against plaintiff (Rule 70, Sec. 15). possession
How done: Possessor may present a motion in the action for issuance of 3. Inferior court cannot adjudicate on the nature of ownership
preliminary mandatory injunction within 5 days from filing of complaint where relationship of lease has been sufficiently established
to restore him in his possession. Court shall decide the motion within 30 a. UNLESS it be proven that there has been a subsequent
days from filing. change in or termination of that relationship between parties
Preliminary mandatory injunction shall be available: 4. The rule in forcible entry, but not in unlawful detainer, is that a
1. At the start of the action (Rule 70, Sec. 15) party who can prove prior possession can recover such
2. On appeal to the RTC (Sec. 2) upon motion of plaintiff within 10 possession even against the owner himself
days from perfection of appeal a. Hence, it prior possession may be ascertained in some other
way, inferior court cannot intrude into the issue of ownership
Preliminary preventive injunction is available in either case. Note
that Sec. 15 makes the provisions of Rule 58 applicable to Rule 70. 5. Where the question of who has prior possession hinges on the
issue of who the real owner is
NOTE: Note that there is no distinction as to the type of ejectment case a. Inferior court may resolve issue of ownership
involved. b. But such pronouncement is merely provisional
c. It does not bar or prejudice an action between the same
The injunction is to restore to plaintiff in possession parties involving title
1. If the court is satisfied that the defendant’s appeal is frivolous or
dilatory, or
2. That the appeal of plaintiff is prima facie meritorious HOW TO STAY IMMEDIATE EXECUTION OF JUDGMENT (Rule 70,
Sec. 19)
The judgment of the Regional Trial Court against the defendant shall be
immediately executory, without prejudice to a further appeal that may
be taken therefrom. (Rule 70, Sec. 21)
GENERAL RULE: All actions for FEUD shall be governed by the summary
procedure of Rule 70, irrespective of the amount of damages or unpaid
rentals sought to be recovered
EXCEPTIONS:
1. In cases covered by the agricultural tenancy laws
2. When the law otherwise expressly provides
Prohibited Motions:
1. Motion for a BILL of particulars
2. Motion for EXTENSION of time to file pleadings, affidavits, or any
other paper
3. Motion for NEW trial, or for reconsideration of a judgment, or for
reopening of trial
4. Motion to DISMISS the complaint; Except on the ground for lack
of jurisdiction over the subject matter or failure to comply with
Sec. 12
5. Motion to DECLARE defendant in default
6. DILATORY motions for postponement
CONTEMPT If accused is If judgment is for
acquitted, there can respondent, there can
NATURE be no appeal be appeal
Contempt of Court is disobedience to the court by acting in opposition According to Manner of Commission
to its authority, justice, and dignity. It signifies not only a willful 1. DIRECT CONTEMPT – act committed in the presence of or so near
disregard of disobedience to the court’s orders but also conduct tending the court or judge as to obstruct or interrupt the proceedings
to bring the authority of the court and administration of law into before the same
disrepute, or, in some manner, to impede the due administration of 2. INDIRECT CONTEMPT – one not committed in the presence of the
justice. court. It is an act done at a distance which tends to belittle,
degrade, obstruct, or embarrass the court and justice
The power to declare person in contempt of court and in dealing with
him accordingly is an INHERENT power of the court. It is used as a DIRECT CONTEMPT INDIRECT CONTEMPT
means to protect and preserve the dignity of the court, the solemnity of Committed in the Not committed within
the proceedings, and administration of justice. presence of or so near the presence of the
a court court
There is charge and
Summary in nature
KINDS OF CONTEMPT; PURPOSE AND NATURE OF EACH hearing
Punishment:
Punishment:
According to Nature If committed against
If committed against
1. CRIMINAL CONTEMPT – conduct directed against the authority RTC: Fine not
the RTC: Fine of not
and dignity of the court or a judge acting judicially exceeding P30,000
exceeding P2,000
2. CIVIL CONTEMPT – failure to do something ordered to be done by and/or imprisonment
and/or imprisonment
a court or by a judge for the benefit of the opposing party not exceeding 6
not exceeding 10 days
months
If committed against
CRIMINAL CONTEMPT CIVIL CONTEMPT If committed against
the MTC: Fine not
Punitive in nature Remedial in nature MTC: Fine not
exceeding P200 and
Purpose is to provide a exceeding P5,000
or imprisonment not
remedy for an injured and/or imprisonment
Purpose is to preserve exceeding 1 day
suitor and to coerce not exceeding 1 month
the court’s authority
compliance with an Remedy is certiorari
and to punish for Remedy is appeal
order; for the or prohibition
disobedience of its
preservation of the Otherwise known as
orders Otherwise known as
rights of private Contempt in Facie
Constructive Contempt
persons Curiae
Intent is necessary Intent is not necessary
Instituted by the Contempt, whether direct or indirect, may be civil or criminal depending
aggrieved party, or his on the nature and effect of contemptuous act.
State is the real successor, or someone
prosecutor who has a pecuniary The real character of the proceedings in contempt cases is to be
interest in the right to determined by the relief sought or by the dominant purpose. The
be protected proceedings are to be regarded as criminal when the purpose is
Proof required is proof Proof required is more primarily punishment, and civil when the purpose is primarily
beyond reasonable than mere compensatory or remedial.
doubt preponderance
(2) Conditioned that he will abide by and perform the
DIRECT CONTEMPT judgment should the petition be decided against him
OFFENSE PENALTY Two modes of commencing a proceeding for indirect contempt (Rule 70,
Fine not exceeding Sec. 4)
If RTC or a court of 1. Motu proprio by the court against which contempt was
P2,000 and/or
equivalent or higher committed
Imprisonment not
rank a. By order or any other formal charge requiring respondent to
exceeding 10 days
Fine not exceeding show why he should not be punished for contempt
If lower court: P200 and/or
Imprisonment not 2. Independent action in all other cases
exceeding 1 day a. By a charge commenced by a verified petition with
supporting particulars
Remedy of a person adjudged in direct contempt (Rule 71, Sec. 2)
1. He cannot appeal Where Charge is to be Filed (Rule 70, Sec. 5)
2. But he may file certiorari or prohibition 1. General rule: Proceeding for Indirect Contempt shall be filed and
a. Execution of judgment shall be suspended pending resolution tried by the court against which the contumacious conduct was
of such petition, PROVIDED: committed.
(1) He files a bond fixed by the court which rendered
judgment, and 2. Exceptions:
a. If committed against a lower court, it may be tried by the
RTC, regardless of the imposable penalty; and When the contempt consists in the refusal or omission to do an act
b. If committed against the SC, it may cause it to be which is yet in the power of the respondent to perform, he may be
investigated by the prosecutor and filed with the RTC, or for imprisoned by order of the court concerned until he performs it. (Rule
hearing and recommendation where the charge involves 71, Sec. 8)
questions of fact
The respondent “carried the keys to his prison in his own pocket.”
Penalties for indirect contempt (Rule 71, Sec. 7) [Galvez v. Republic Surety & Insurance Co., Inc. (1959)]
OFFENSE PENALTY Only the judge who ordered the confinement of the person for contempt
If against RTC, or Fine not exceeding P30,000 of court can issue the Order of Release. [Inoturan v Limsiaco, Jr. (2005)]
court of and/or
equivalent or Imprisonment not Rule 71, Sec. 8 does not apply to tenants who refused or failed to pay
higher rank exceeding 6 months their rentals to the special administratrix of the property. The non-
Fine not exceeding P500, payment of rentals, which is a civil debt, is covered by the constitutional
If committed guarantee against imprisonment. [Regalado]
and/or
against lower
Imprisonment not
court
exceeding 1 month
Offender may also be CONTEMPT AGAINST QUASI-JUDICIAL BODIES (Rule 71, Sec. 12)
ordered to make complete
restitution to the party Rule 71 shall apply to contempt committed against persons, entities,
injured by such violation of bodies, or agencies exercising quasi-judicial functions or have
If contempt the property involved or suppletory effect to such rules as they may have adopted.
consists in such amount as may be
violation of a writ alleged and proved. RTC of the place where the contempt was committed shall have
of injunction, TRO, jurisdiction.
or status quo If there is nothing more to
order return, offender is It is not within the jurisdiction and competence of quasi-judicial bodies
personally liable for the to decide indirect contempt cases. The requirement for a verified
restitution of the money petition must also be complied with (e.g. DARAB has no power to decide
equivalent to the lost thing the contempt charge filed before it). [Land Bank v Listana (2003)]
(Rosario Textile Mills v. CA)
If committed Penalty shall depend upon Rule 71, Sec. 12 confers contempt powers on all Quasi-Judicial entities
against a person the provisions of the law or supplements their rules, unless the applicable law provides
or entity which authorizes penalty for otherwise.
exercising quasi- contempt against such
judicial functions persons or entities Acts or violations against quasi-judicial bodies punishable as contempt:
where a person, without lawful excuse, fails to appear, make oath, give
Remedy of a person adjudged in indirect contempt (Rule 71, Sec. 11) testimony or produce documents when required to do so by the official
or body exercising such powers. Other acts or violations cannot be
May be appealed to the proper court as in criminal cases, but execution punished as contempt unless specifically defined in the governing law
shall not be suspended until BOND is filed. as contempt of court or if it authorizes the quasi-judicial body to punish
for contempt, and providing the corresponding penalty. [People v.
WHEN IMPRISONMENT SHALL BE IMPOSED Mendoza (1953), §13, Ch. 3, Bk VII, Admin Code of 1987]
THE SPECIAL CIVIL ACTIONS
JURISDICTION VENUE
Personal Property:
1. MTC – if value not more than P300,000 outside Metro Manila,
or not more than P400,000 in Metro Manila (Sec. 33, BP129)
Rule 4 applies
2. RTC – value exceeds P300,000 outside Metro Manila, or
P400,000 in Metro Manila, or if incapable of pecuniary
If the action affects title to or possession of real property
estimation (Sec. 19, BP129)
Venue is where the real property involved or a portion thereof is situated
INTERPLEADER
Real Property
All other actions—At the election of the plaintiff
1. MTC – assessed value not more than P20,000 outside Metro
1. Where plaintiff or any of the principal plaintiffs reside; or
Manila or not more than P50,000 in Metro Manila (Sec. 33,
2. Where defendant or any of the principal defendants resides; or
BP 129)
3. In case of an non-resident, where he may be found
2. RTC – value exceeds P20,000 if outside Metro Manila, or
P50,000 if in Metro Manila, or incapable of pecuniary
estimation (Sec. 19, BP129)
Rule 4 applies
GENERAL RULE: In the appropriate RTC If the action affects title to or possession of real property
Venue is where the real property involved or a portion thereof is situated
DECLARATORY
EXCEPTION: Where the action is for reconveyance, cancellation or
RELIEF
quieting of title to real property, jurisdiction will depend on the All other actions—At the election of the plaintiff
assessed value of the property 1. Where plaintiff or any of the principal plaintiffs reside; or
2. Where defendant or any of the principal defendants resides; or
3. In case of an non-resident, where he may be found
REVIEW OF
JUDGMENTS AND With the SC
Certiorari rules apply
FINAL ORDERS OF Via Special Civil Action of Certiorari
COMELEC/COA
RTC, CA, SC,
CERTIORARI RTC where the respondent is situated, where petition relates to an act or omission of a
Sandiganbayan (in aid of its appellate jurisdiction),
PROHIBITION corporation, board, an officer, or person
COMELEC (in election cases involving an act or omission by MTC or
MANDAMUS (Rule 65, Sec. 4)
RTC, in aid of its appellate jurisdiction_
Action can be brought in: The SC, CA, or RTC exercising jurisdiction over the territorial area
RTC, CA, SC
where respondent resides or any of the respondent resides
Sandiganbayan (exclusive original jurisdiction over quo warranto
cases filed by the PCGG)
QUO WARRANTO If commenced by the SolGen, it may be filed with: RTC Manila, CA, or SC
COMELEC (exclusive jurisdiction over cases falling under the OEC)
SEC for quo warranto against duly licensed association (Corp Code
File in the SEC (following the Corp Code):If petition for quo warranto is against a
rules apply, not the ROC)
corporation or against persons who usurp an office in a corporation
EXPROPRIATION With the RTC Where the real property involved, or a portion thereof, is situated
JUDICIAL
With the RTC Where the real property involved, or a portion thereof, is situated
FORECLOSURE
Rule 4 applies
SPECIAL RULES
1. To a civil case where plaintiff’s cause of action is pleaded in the
same complaint with another cause of action subject to ordinary
procedure
2. To a criminal case where offense charged is necessarily related
to another criminal case subject to ordinary procedure
REVISED RULES ON SUMMARY PROCEDURE
RA 7610 Sec. 399-422, and 515 is applicable. The LGC is now the
governing law on Katarungang Pambarangay. PD 1508 was expressly
repealed
CASES COVERED
All disputes, civil and criminal in nature, where parties actually reside in
the SAME CITY/MUNICIPALITY are subjected barangay conciliation.
The lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of all disputes.
The court in which non-criminal cases not falling within the authority of
the lupon under this Code are filed may, at any time before trial motu
propio refer the case to the lupon concerned for amicable settlement.
PARTIES LUPON
Between actual
Lupon of said
residents of the same
barangay
barangay
Lupon of the barangay
Between actual
where the respondent
residents of different
or any of the
barangays but within
respondents actually
same
resides at the option of
city/municipality
complainant
Lupon of barangay
Involving real
were the real property
property or any
or the larger portion
interest therein
thereof is located
Between parties
arising at the Lupon of the barangay
workplace or at were the workplace or
institutions of institution is located
learning
EXECUTION
REPUDIATION
Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the consent is
vitiated by fraud, violence, or intimidation. Such repudiation shall be
RULES OF PROCEDURE FOR SMALL CLAIMS CASES 3. Affidavits of witnesses and other evidence to support the claim
(A.M. No. 08-8-7-SC)
NOTE: No evidence shall be allowed during the hearing which was
SCOPE AND APPLICABILITY OF THE RULE not attached to or submitted together with the Claim. UNLESS good
cause is shown for admission of additional evidence.
This Rule shall govern the procedure in actions before the MeTC, MTC in
Cities, MTC and MCTC for payment of money where the value of the No formal pleading, other than the Statement of Claim, is necessary to
claim does not exceed P100,000 exclusive of interest and costs. (Sec. 2) initiate a small claims action.
This Rule is applicable in all actions which are; (Sec. 4) After examination of allegations of the Claim, the court may dismiss
1. Purely civil in nature where the claim or relief prayed for by the outright the case for any of the grounds apparent for the dismissal of a
plaintiff is solely for payment or reimbursement of sum of civil action. (Sec. 9)
money, and
If no ground of dismissal is found, the court shall issue Summons
2. Civil aspect of criminal action, or reserved upon the filing of the directing defendant to submit a verified response. (Sec. 10)
criminal action in court, pursuant to Rule of 111 of the Revised
Rules of Criminal Procedure. The defendant shall file with the court and serve on the plaintiff a duly
accomplished and verified Response within a non - extendible period of
These claims or demands may be; ten (10) days from receipt of summons (Sec. 11). Attachments:
1. For money owned under any of the following; 1. Certified photocopies of documents
a. Contract of Lease; 2. Affidavits of witnesses
b. Contract of Loan; 3. Evidence in support
c. Contract of Services;
d. Contract of Sale; or NOTE: No evidence shall be allowed during hearing which was
e. Contract of Mortgage; not attached or submitted together with the Response.
2. For damages arising from any of the following; Should the defendant fail to file his response within the required period,
a. Fault or negligence; the court by itself shall render judgment as may be warranted by the
b. Quasi-contract; or facts alleged in the Statement of claim limited to what is prayed for. The
c. Contract; court however, may, in its discretion, reduce the amount of damages for
being excessive or unconscionable. (Sec. 12)
3. The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this Rule PROHIBITED PLEADINGS AND MOTIONS (Sec. 14)
pursuant to Sec. 417, LGC.
The following pleadings, motions, and petitions shall not be allowed in
the cases covered by this Rule:
COMMENCEMENT OF SMALL CLAIMS ACTION; RESPONSE (Sec. 5)
1. Motion to dismiss the compliant except on the ground of lack of
How commenced: By filing with the court an accomplished and verified jurisdiction;
STATEMENT OF CLAIM in duplicate 2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of a judgment, or for
Attachments to the Statement of Claim: reopening of trial;
1. Certification of Non-forum Shopping 4. Petition for relief from judgment;
2. Two (2) duly certified photocopies of the actionable document/s 5. Motion for extension of time to file pleadings, affidavits, or any
subject of the claim other paper;
6. Memoranda; Absent such agreement
7. Petition for certiorari, mandamus, or prohibition against any 1. In case of a multi-sala court , the case shall, on the same day, be
interlocutory order issued by the court; transmitted to the Office of the Clerk of Court for immediate
8. Motion to declare the defendant in default; referral by the Executive Judge to the pairing judge for hearing
9. Dilatory motions for postponement; and decision within five (5) working days from referral; and
10. Reply; 2. In case of single sala court, the pairing judge shall hear and
11. Third-party complaints; and decide the case in the court of origin within five (5) working days
12. Interventions. from referral by the JDR judge.
The parties shall appear at the designated date of hearing personally or After the hearing, the court shall render its decision on the same day,
through a representative authorized under a Special Power of Attorney based on the facts established by the evidence.
to:
1. Enter into an amicable settlement, The decision shall immediately be entered by the Clerk of Court in the
2. Submit of Judicial Dispute Resolution (JDR) and court docket for civil cases and a copy thereof forthwith served on the
3. Enter into stipulations or admissions of facts and of documentary parties.
exhibits (Sec. 16)
The decision shall be final and unappealable. (Sec. 23)
No attorney shall appear in behalf of or represent a party at the
hearing, unless the attorney is the plaintiff or defendant. (Sec. 17)
Failure to appear:
1. If plaintiff fails to appear – it shall be a cause for dismissal
without prejudice. Defendant present shall be entitled to
judgment on permissive counterclaim.
At the beginning of the court session, the judge shall read aloud a short
statement explaining the nature, purpose and the rule of procedure of
small claims cases. (Sec. 20)
If JDR fails and the parties agree in writing that the hearing of the case
shall be presided over by the judge who conducted the JDR, the hearing
shall so proceed in an informal and expeditious manner and terminated
within one (1) day. (Sec. 22)
EFFICIENT USE OF PAPER RULE (A.M. No. 11-9-4-SC)
In the Court of Appeals and the Sandiganbayan,
FORMAT AND STYLE 1. One original (properly marked) and
2. Two copies with their annexes;
All pleadings, motions and similar papers intended for the court and
quasi-judicial body’s consideration and action (court-bound papers) In the Court of Tax Appeals,
shall: 1. One original (properly marked) and
1. Be written in single space with one-and-a –half space between 2. 2 copies with annexes
paragraphs,
2. Use an easily readable font style of the party’s choice, of 14-size On appeal to the En Banc:
font, and on a 13 –inch by 8.5- inch white bond paper a. One Original (properly marked)
b. 8 copies with annexes; and
All decisions, resolutions and orders issued by courts and quasi-judicial
bodies under the administrative supervision of the Supreme Court shall In other courts,
comply with these requirements. Similarly covered are the reports 1. One original (properly marked)
submitted to the courts and transcripts of stenographic notes. 2. With the stated annexes attached to it.
The parties shall maintain the following margins on all court-bound A party required by the rules to serve a copy of his court-bound on the
papers: adverse party need not enclose copies of those annexes that based on
1. Left hand margin of 1.5 inches from the edge; the record of the court such party already has in his possession.
2. Upper margin of 1.2 inches from the edge;
3. Right hand margin of 1.0 inch from the edge; In the event a party requests a set of the annexes actually filed with the
4. Lower margin of 1.0 inch from the edge. court, the part who filed the paper shall comply with the request within
five days from receipt.
Every page must be consecutively numbered.
APPLICABILITY
COPIES TO BE FILED
This Rule applies to all courts and quasi-judicial bodies under the
Unless otherwise directed by the court, the number of court- bound administrative supervision of the Supreme Court.
papers that a party is required or desires to file shall be as follows:
All members of the Court shall share the extra copies of annexes
in the interest of economy of paper.