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11. What are the prohibited pleadings under the Rule on (38) Relief from Judgement
Summary Procedure? (Page 34 of CIVIL PROCEDURE BAR (42) Petition for Review RTC to CA
REVIEW GUIDE UPDATED 2017.pdf) (43) Appeals from CTA, and Quasi-Judicial Bodies to
the CA
Sec. 19. Prohibited pleadings and motions. — The following (45) Appeal by Certiorari to the SC
pleadings, motions or petitions shall not be allowed in the (47) Annulment of Judgements
cases covered by this Rule: (58) Preliminary Injunctions
(a) Motion to dismiss the complaint or to quash the (59) Receivership - Application
complaint or information except on the ground of lack of (61) Support Pendente Lite
jurisdiction over the subject matter, or failure to comply with
the preceding section;
17. Who are the corporate officers or employees who may
(b) Motion for a bill of particulars;
sign the verification and certification against non-forum
(c) Motion for new trial, or for reconsideration of a shopping without need of a board resolution?
judgment, or for opening of trial;
- (1) chairperson, (2) president, (3) general manager, (4)
(d) Petition for relief from judgment; personnel officer, and (5) employment specialist
(e) Motion for extension of time to file pleadings, affidavits
or any other paper; chanrobles virtual law library
18. Upon whom may service be made when the defendant is a
(f) Memoranda; corporation, partnership, or association organized under
(g) Petition for certiorari, mandamus, or prohibition against Philippine laws? (Section 11, Rule 14) (President Gloria
any interlocutory order issued by the court; MaCapagal Tang Ina)
(h) Motion to declare the defendant in default; chanrobles (1) President
virtual law library
(2) General Manager
(i) Dilatory motions for postponement; (3) Managing Partner
(j) Reply;
(4) Corporate Secretary
(k) Third party complaints; (5) Treasurer
(l) Interventions.
(6) In-House Counsel
21. When may the trial court dismiss a case motu proprio? 25. What are the contents of a pre-trial brief? (Section 6,
Rule 18)
Rule 9, Sec 1 except litis pendentia
(1) State of willingness to enter into an amicable
Rule 50, Sec 1
settlement or alternative modes of dispute resolution,
Rule 17, Sec 3 indicating the desired terms
Unsigned and/or unverified pleadings (2) Summary of admitted facts and proposed
stipulation of facts
22. Distinguish failure to state a cause of action from lack of (3) Issued to be tried or resolved
cause of action. (4) Documents or exhibits to be presented,
Failure to state ay sa initiatory pleading/complaint. describing the purpose thereof
(5) Manifestation of having availed or their
FAILURE TO STATE A CAUSE OF ACTION intention to avail themselves of discovery procedures
(a) There is a failure to state a cause of action if the pleading (6) Number and names of witnesses and the
asserting the claim states no cause of action. This is a ground substance of their respective testimonies
for a motion to dismiss. [Rule 16, Sec.1(g)]
(b) It is submitted that the failure to state a cause of action 26. Enumerate the modes of discovery. Briefly explain each.
does not mean that the plaintiff has “no cause of action.” It (1) Deposition pending action (Rule 23)
only means that the plaintiff’s allegations are insufficient for (2) Deposition before action or pending appeal (Rule 24)
the court to know that the rights of the plaintiff were (3) Interrogatories to Parties (Rule 25)
violated by the defendant. [Riano] (4) Admission by adverse party (Rule 26)
(c) There is a failure to state a cause of action if allegations (5) Production or inspection of documents or things.
in the complaint taken together, do not completely spell out (Rule 27)
the elements of a particular cause of action. [Riano] (6) Physical and Mental Examination (Rule 28)
(d) A failure to state a cause of action is not the same as an
absence or a lack of cause of action. The former refers to an 27. What is the order of trial? (Section 5, Rule 30)
insufficiency in the allegations of the complaint while the (1) Plaintiff shall adduce evidence in support of his
latter refers to the failure to prove or to establish by complaint
evidence one’s stated cause of action. [Riano] (2) Defendant shall adduce evidence in support of
his defense, counterclaim, cross-claim, and third-party
TEST OF THE SUFFICIENCY OF A CAUSE OF ACTION complaint.
(3) Third party, if any, shall adduce evidence of his
Whether or not admitting the facts alleged, the court could
defense, counterclaim, cross-claim. And fourth-party
render a valid verdict in accordance with the prayer of the
complaint
complaint
(4) Forth party etc
(5) Parties against a counterclaim or cross-claim
23. What are the elements of litis pendentia? shall adduce evidence in support of his defense
(1) Identity of Parties (6) Parties present rebutting evidence only when
(2) Substantial Identity of the Causes of Action and permitted by the court
the Relief Sought, being founded on the same facts (7) Case shall be deemed submitted for decision,
(3) The Judgement on either case would amount to unless the court directs the parties to argue or submit their
res judicata to the other respective memoranda
The applicant must also give a bond, executed to the adverse Original Jurisdiction
party in double the value of the property as stated in the To issue writs of mandamus, prohibition, certiorari, habeas
affidavit aforementioned, for the return of the property to corpus and quo warranto, and auxiliary writs/processes,
the adverse party if such return be adjudged, and for the whether or not in aid of its appellate jurisdiction.
payment to the adverse party of such sum as he may recover Note: former rule only allowed the CA to issue auxiliary writs
from the applicant in the action. and processes in aid of jurisdiction.
The power is concurrent with the SC.
46. Jurisdiction of SC, CA, RTC, MTC in civil cases
SUPREME COURT Exclusive Original Jurisdiction
(a) EXERCISE original jurisdiction over: Annulment of RTC judgments.
(1) Cases affecting ambassadors and other public
ministers and consuls; Exclusive Appellate Jurisdiction
RTC also has concurrent jurisdiction a. Final
(2) Petitions for certiorari, prohibition, mandamus, quo judgments/decisions/resolutions/orders/awards of
warranto, and habeas corpus. 1. RTC
(b) Review/revise/reverse/modify/affirm on appeal or 2. Quasi judicial
certiorari, final judgments/orders of lower courts in: agencies/instrumentalities/boards/commissions
including
(1) All cases in which the constitutionality/validity
I. SEC
of any treaty, international or executive agreement, law,
II. SOCIAL SECURITY COMMISSION
presidential decree/proclamation/order/ instruction,
ordinance or regulation is in question; III. ECC
Note: power of review contemplates the ff. courts: CA, IV. CSC
Sandiganbayan, CTA, RTC, and other courts authorized by Exception: Those falling within the SC’s appellate jurisdiction
law. of the SC in accordance with the:
(2) All cases involving the legality of any tax/ impost/ a. Constitution
assessment/ toll, or any penalty imposed in relation thereto; b. Laboc Code
(3) All cases in which the jurisdiction of any lower court is in c. BP 129
issue; d. Sec. 17, par 3(1) and Par 4 (4) of the Judiciary Act of
1948
(4) All criminal cases in which the penalty imposed is
reclusion perpetua or higher;
Powers of the Court of Appeals
(5) All cases in which only errors/questions of law are
involved. (a) Try cases and conduct hearings;
(vii) The finding of absence of facts is contradicted by the (b) Receive evidence
presence of evidence on record; (c) Perform any and all acts necessary to resolve factual
(viii) The findings of the CA are contrary to those of the trial issues raised, including the power to grant and conduct new
court; trials or further proceedings.
Marriage contract and marital relations; abandoned, dependent or neglected children, for voluntary or
involuntary commitment of children, and for suspension,
termination or restoration of parental authority under PD
General Original Jurisdiction
603, EO 56 s. 1986 and other related laws;
(g) Cases for domestic violence against women and children, to guide a court in determining whether it should refrain
as defined therein but which do not constitute criminal from exercising its jurisdiction until after an administrative
offenses subject to criminal prosecution and penalties. agency has determined some question arising in the
proceeding before the court.
METROPOLITAN TRIAL COURT
Exclusive Original Jurisdiction [Sec. 33, BP 129] Doctrine of Adherence of Jurisdiction - Also known as
(a) Civil actions and probate proceedings (testate and doctrine of continuity of jurisdiction. The Court once
intestate), including the grant of provisional remedies, where jurisdiction has been acquired, retains that jurisdiction until
the value of the personal property, estate or amount of the it finally disposes of the case.
demand does not exceed P300K or P400K (in Metro Manila)
(value excludes of interest, damages of whatever kind, 48. Real action v. personal action
attorney’s fees, litigation expenses, and costs); Real Action - Actions affecting title to or possession of real
(1) Interest, damages of whatever kind, attorney's fees, property or interest therein. (Rule 4, Sec 1 par 1)
litigation expenses and costs shall be included in the Personal Action - All other actions are personal actions (Rule
determination of the filing 4, Sec. 2)
fees.
(2) If there are several claims or causes of actions Doctrine of Judicial Hierarchy - The judicial system follows a
between the same/different parties in the same complaint, ladderized scheme which in essence requires that lower
the amount of the demand shall be the totality of the claims courts initially decide on a case before it is considered by a
in all the higher court. Specifically, under the judicial policy
causes of action, WON the causes of action arose out of the recognizing hierarchy of courts, a higher court will not
entertain direct resort to it unless the redress cannot be
same/different transactions.
obtained in the appropriate courts.
EXTRA
Res Judicata
(1) Previous Final Judgement
(2) Court that rendered the case has
jurisdiction over the subject matter and the
parties
(3) Judgement was upon the merits
· NOTE: Dismissed no with the
merits but with prejudice is
considered as if it was dismissed
upon its merits
(4) Identity of parties, subject matter and
causes of action