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the contrary where the COA VENUE IN CIVIL CASES VENUE IN CRIMINAL CASES
arose Merely procedural and for Jurisdictional
As to its purpose: service of summons, and acquisition of the purpose of convenience
jurisdiction of the parties
Action in rem Action in Action quasi in Conferred by R4 and may Conferred by the provision
One which is not personam rem be agreed upon by the in the penal statute
directed only One which is One which is parties
against a directed against directed against Improper venue can be the Improper venue is a ground
particular person, particular particular subject of a MTD on the for MTQ the
but against the persons on the persons but the ground that venue is complaint/information
thing itself and basis of their purpose of which improperly laid based on lack of JD over the
the object of personal liability is to bar and bind offense charged
which is to bar to establish a not only said In case of denial of MTD: In case of denial of MTQ:
indifferently all claim against persons but any remedy is to (1) file an Proceed with arraignment
who might be them. Judgment other person who Answer within the balance
minded to make is binding only claims any of the period to file a
an objection upon the parties interest in the responsive pleading but in
against the right impleaded and property or right no case less than 5d + raise
sought to be their successors- subject of the suit the ground as an
enforced. The in-interest affirmative defense; (2)
judgment is proceed with trial; (3) in
binding case of adverse decision:
theoretically appeal the same and assign
upon the whole as error the denial of the
world/ MTD; (4) R65 certiorari in
case of GADALEJ
Waivable for failure to Not waivable as it is
RIGHT TO SPEEDY RIGHT TO SPEEDY TRIAL object either in a MTD/ jurisdictional
DISPOSITION OF CASES Answer
Constitutional right Statutory right
Applicable in all cases Applicable in criminal cases
Covers commencement of Covers only the period of INITIATORY PLEADING RESPONSIVE PLEADING
the case up to its final presentation of evidence or Commences an action Responds to the adverse
determination trial containing plaintiff’s COA party’s pleading
Required to be verified GR: Not required to be
verified
JURISDICTION VENUE EXP: the rules or law
Authority of the court to Place where the case is to otherwise requires
hear and determine a case be heard or tried
Matter of substantive law Matter of procedural law Should contain a CNFS GR: Need not contain a
Establishes a relation Establishes the relation CNFS
between the court and the between plaintiff/ EXP: when accompanied by
subject matter of the action defendant or petitioner/ a counterclaim or cross-
respondent claim
Fixed by law and cannot be Fixed by the ROC may be Payment of docket fees is Payment of docket fees is
conferred by the parties’ conferred by the act or required not required
agreement parties’ agreement
Cannot be waived May be waived for failure to
object either in a CLASS SUIT DERIVATIVE SUIT CITIZEN SUIT
MTD/answer It is filed A suit in equity An action filed by
There can be MP dismissal GR: there is no MP dismissal regarding a filed by a any Filipino
based on lack of JD over the EXP: §4, RSP and §11 RSC controversy of minority citizen in
subject matter (§1 R9) common or shareholder in representation of
general interest behalf of a others, including
in behalf of many corporation to minors or
persons so redress wrongs generations yet
numerous that it committed unborn, to
REMEDIAL LAW – DISTINCTIONS | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
litigation within the multiplicity of suits dismissal: with/without dismissal is a final order as it
jurisdiction and power of the prejudice is an adjudication upon the
court until the entry of the merits
final judgment in order to
prevent the defeat of the
final judgment by successive INTERVENTION INTERPLEADER
alienations; (2) to bind a Ancillary action Original action
purchaser, bona fide, or Proper in any of the 4 Presupposes that the plaintiff
otherwise, to the judgment situations in R19 has no interest in the subject
of the court matter of the action or has
Made through notice filed Availed of by way of MTD an interest therein which in
with the RD where the and filed with the court whole or in part, is not
property is located where the case is pending disputed by the other parties
In case of denial: appeal en In case of denial: file an to the action
consulta within 5 days to the Answer within the remaining The defendants are already The defendants are being
LRA (§117, PD 1529) period but in no case less original parties to the sued precisely to implead
than 5 days pending suit them
Can be filed after the filing of Should be filed before the Can be filed where the Filed at the first instance with
the action in court, but filing of a responsive pleading original action is pending the RTC/MTC depending on
before finality of judgment the nature of the property
and its value
In case of denial: In case of denial:
LITIS PENDENTIA RES JUDICATA 1. appeal the denial, Appeal the judgment
Both cases have identical One of the cases has already being a final order;
parties, subject matter and been decided with finality on or
COA which are still pending the merits 2. file a separate
MTD can be filed in either of The first case which was action
the 2 suits pending decided bars the filing of a
second case and the MTD
can be filed in the COMPULSORY PERMISSIVE
subsequent case COUNTERCLAIM COUNTERCLAIM
Recoupment Set off
Arises out of or is Does not arise out of and is
MOTION TO DISMISS DEMURRER TO EVIDENCE connected with the not connected with the
Omnibus and litigated Litigated motion transaction/occurrence transaction/occurrence
motion constituting the subject constituting the subject
Has 10 grounds in R16 Ground is the insufficiency of matter of the adverse matter of the adverse
the plaintiff’s evidence upon party’s claim which does party’s claim which requires
the facts and law, that he has not require the presence of the presence of third
shown no right of relief third parties over whom the parties for its adjudication
Filed before the filing of a Filed after the plaintiff rests court cannot acquire
responsive pleading his case jurisdiction
In case of denial: file an In case of denial: proceed Barred if not set up in the Not barred even if not set
Answer within the balance of with trial and in case of answer up
the period in which he was adverse decision, appeal the GR: Plaintiff need not Plaintiff must answer, being
entitled but in no case less same answer a compulsory an initiatory pleading
than 5 days, raise the ground counterclaim
as an affirmative defense, EXP: in RSP
proceed to trial, appeal the If plaintiff does not answer, Plaintiff who does not
decision, unless GADALEJ he cannot be declared in answer may be declared in
(R65) default default
In case granted: plaintiff’s In case granted: plaintiff’s Does not require a CNFS Requires a CNFS
remedy is either appeal, if remedy is to appeal Payment of docket fees is Requires payment of docket
with PJ or refile the case if suspended fees
without PJ
Nature of the order of Nature of the order of
REMEDIAL LAW – DISTINCTIONS | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
CROSS CLAIM COUNTERCLAIM The agreements and All agreements made during
Claim against a co- Claim against the opposing admissions made during the pre-trial are reduced
defendant in a suit party pre-trial are not required to into writing and signed by
Arises out of the May or may not arise out of be signed by the parties and the accused and counsel,
transaction/occurrence that the transaction/occurrence, their counsels. They are otherwise they cannot be
is the subject matter either as is the case for a contained in the record of used against the accused
of the original action or the permissive counterclaim pre-trial and the pre-trial
counterclaim order
Sanctions for non- Sanctions are imposed upon
appearance in a pre-trial the counsel for the accused
JUDGMENT ON THE SUMMARY JUDGMENT conference or the prosecutor
PLEADING 1. Plaintiff: results to
Judgment rendered in favor Procedural device in order the dismissal of the
of a party to an action, on to avoid long drawn out case with prejudice
motion therefor, where an litigations and useless unless otherwise
answer fails to tender an delays. Generally based on ordered by the
issue, or otherwise admits the facts proven summarily court to be
the material allegations of by affidavits, depositions, without prejudice;
the adverse party’s pleading pleadings, or admissions of 2. Defendant: results
the parties to the ex-parte
Proper when there appears Proper even if there is an presentation of
to be no genuine issue issue as to damages plaintiff’s evidence
between the parties recoverable
Based exclusively upon the Based not only upon
pleadings, without pleadings, but also upon the LETTER COMMISSION LETTER ROGATORY
introduction of evidence affidavits, depositions and An instrument issued by a An instrument whereby a
admissions of the parties, court of justice, or other foreign court is informed of
showing that, except as to competent tribunal to the pendency of a case and
the amount of damages, authorize a person to take the name of the foreign
there is no genuine issue depositions, or to do any witness, and is requested to
GR: Available in any action Proper only in: other act by authority of cause their depositions ot
EXP: annulment of 1. Recovery of debt such court/tribunal be taken in due course of
marriage, legal separation 2. Liquidated sum of law for the furtherance of
money justice, with an offer on the
3. Declaratory relief part of the court making the
Subject only to the 3-day Requires prior 10-day request, to do the same for
notice rule, and where all notice the other, in a similar case
the material averments are Addressed to a non-judicial Addressed to a judicial
admitted, such motion may foreign officer who will take officer of a foreign country
even be made ex-parte the deposition who will direct the taking of
the deposition
Applicable rules are those Applicable rules are those
PRE-TRIAL IN CIVIL CASES PRE-TRIAL IN CRIM CASES of the requesting court of the foreign court
Set when the plaintiff Ordered by the court; no Allowed if the permission of Allowed if the commission
moves ex-parte to set the motion is required the foreign country is given was disallowed by the
case for pre-trial, or upon foreign country
initiative of the COC Leave of court is not Leave of court is necessary
Motion is made after the Order is made after necessary
last pleading has been arraignment and within 30
served and filed, or upon days from the date the
expiration of the period to court acquired jurisdiction
file the same over the person of the DEPOSITION AFFIDAVIT
accused Requires notice to the other May be taken ex-parte
Considers the possibility of Does not include the party
an amicable settlement possibility of amicable May be taken in the form of Need not be in such form
settlement of criminal a question and answer
liability based on oral examination
REMEDIAL LAW – DISTINCTIONS | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
If the respondent is found The protestant who prevails sale in the RD 90d nor more than 120d
ineligible, the petitioner will will assume the contested from:
not automatically assume office provided he had 1. entry of judgment; or
the office, but may only obtained plurality of votes 2. even after the
recover costs of suit foreclosure
but before the judicial
confirmation of the same
QUO WARRANTO IN QUO WARRANTO IN GR: no right of redemption
ELECTIVE OFFICE APPOINTIVE OFFICE in judicial foreclosure
What is to be determined is What is to be determined is
the eligibility of the the legality of the EXP: if the mortgagee is the
candidate-elect appointment PNB or any financial/
When the candidate-elect is The court determines who banking institution
found to be ineligible, the has been legally appointed
court can’t declare that the and shall declare who is Effect: there is both right
candidate who obtained the entitled to occupy the office and equity of redemption
nd
2 highest number of votes
has been elected even if
eligible CERTIORARI PROHIBITION MANDAMUS
Discretionary acts Discretionary & Ministerial
ministerial
QUO WARRANTO MANDAMUS Purpose is to Prohibit acts Compel
Remedy to test the title to Remedy to enforce clear annul JFO performance of
one’s office claimed by legal duties and not to try act of PO, which is
another. Object is the disputed titles enjoined by law
ouster of the holder from
its enjoyment
Proper where there is Proper where the THIRD PARTY COMPLAINT THIRD PARTY CLAIM
usurpation or intrusion into respondent, without Initiatory pleading Remedy
an office claiming any right to an Filed where original action is Filed with the sheriff’s office
office, unlawfully excludes pending
the petitioner therefrom Filed by motion for leave with Filed by affidavit
third party complaint
Payment of DOLF is necessary Payment of DOLF is not
EXPROPRIATION (67) ESCHEAT (R91) necessary
SCA SPECPRO Defending party may file TPC Remedy available to third
Purpose is to take private Purpose is to revert back with leave of court against a person who owns or
property for public use the property of the person not a party to the possesses property being
decedent who leaves no action for contribution, levied upon
heir or person entitled to indemnity, subrogation, or
succeed any other relief in respect to
Just compensation is Just compensation is not his opponent’s claim (S11R6)
required required
Venue is the RTC where the Venue is the RTC where
subject property is located 1. the deceased last
resided TRO STATUS QUO
2. his estate may be found Lifetime is: Lifetime is during pendency
if he resided outside 20d – TC of action
the PH 60d – AC
until further notice - SC
Purpose is to restrain act by Purpose is to preserve last
RIGHT OF REDEMPTION EQUITY OF REDEMPTION writ of injunction peaceable and uncontested
Exists in extrajudicial Exists in judicial foreclosure condition of parties
foreclosure May be filed ex parte. May not be filed ex parte.
May be exercised within 1yr May be exercised during 20d if applicant will suffer Notice and hearing is
from the registration of the the period of not less than grave injury required, or else GADALEJ
REMEDIAL LAW – DISTINCTIONS | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
PAROLE EVIDENCE RULE BEST EVIDENCE RULE
DECLARATION AGAINST ADMISSION The original of the The original of the
INTEREST document is available in document is not available in
It is made against the Need not be against the court court
proprietary or pecuniary proprietary or pecuniary Prohibits the varying the It prohibits the introduction
interest interest terms of the written of substitutionary or
Made by a person who is Made by a party himself, agreement secondary evidence
either deceased or unable and iti s a primary evidence The controversy is between It involves any party to the
to testify though he be present in the parties to the written action
court and ready to testify agreement
Made ante litem mortem Made at anytime
(prior to the case)
COMPETENCY OF A CREDIBILITY OF A WITNESS
WITNESS
JUDICIAL ADMISSION EXTRAJUDICIAL It refers to the qualification It refers to the disposition
ADMISSION of the witness who can and intention of the witness
It is in admission made in It is an admission made in perceive, perceiving and to tell the truth in the
the same case another case or out of court making known his testimony he has given
admission perceptions of others
It need not be proven by It needs to be alleged and
the party, being conclusive proved like any other fact
on the party of the RES GESTAE DYING DECLARATION
admitter, unless it was May be that of the killer It can only be made by the
made through palpable himself after or during the victim
mistake or when there is no killing
admission made The statement may It is made only after the
precede, accompany or be homicidal attach has been
made after the homicidal committed
ORIGINAL IS IN THE PRODUCTION AND act was committed
POSSESSION OF ADVERSE INSPECTION OF It has its basis on It is being given based upon
PARTY (§6 R130) DOCUMENTS UNDER R27 spontaneity of the the awareness of an
It is the exception to the It is a mode of discovery statement impending death
Best Evidence Rule
The production of the The production of the
original document is document being a mode of BURDEN OF PROOF BURDEN OF EVIDENCE
obtained by mere notice to discovery is by way of It does not shift as it It shifts from party to party
the adverse party motion filed before the remains throughout the depending on the
court and allowed only trial with the party upon exigencies of the case in the
based on good cause shown whom it is imposed course of the trial
Generally determined by Is generally determined by
It presupposes that It contemplates a scenario the pleadings filed by the the developments in the
proponent is presumed that where the movant has no party trial, or by the provisions of
have knowledge of the prior knowledge of the substantive law or
contents of the document contents of the documents procedural rules which may
to be produced relieve the party from
The requirements for such The party seeking the presenting evidence of fact
notice must be complied production of the alleged
with as a condition documents is not
precedent for the sufficiently informed of the
presentation of secondary contents of the said DIRECT EVIDENCE CIRCUMSTANTIAL
evidence by the proponent documents EVIDENCE
The purpose is the The purpose is the copying, Proves a challenged fact Indirectly proves a fact in
presentation of secondary inspecting, photographing without drawing any issue such that the fact
evidence in lieu of the the documents inference finder must draw an
original inference or reason from
REMEDIAL LAW – DISTINCTIONS | DEAN FERDINAND TAN | MONICA CELINE A. CARO | G02 DLSU LAW 2018-2019 | BIL
circumstantial evidence
No requirement that only A number of circumstantial
direct evidence may convict evidence may be credible to
establish a fact from which
it may be inferred beyond
reasonable doubt