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JURISDICTION
1
REQUISITES FOR A VALID EXERCISE OF
JURISDICTION
4
PROBLEM AREAS AFFECTING
JURISDICTION
1. ACTIONS INCAPABLE OF
PECUNIARY ESTIMATION
2. DETERMINATION OF AMOUNTS
OF THE CLAIM TO DETERMINE
JURISDICTION AND PAYMENT OF
DOCKET FEES -
8
Circuit Trial Courts in their respective
territorial jurisdiction.
4.JURISDICTION OF METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL
COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS
1
Section 1, Rule 1, 1997 Rules of Civil Procedure
2
Supra, Section 2, Rule 1
3
Supra, Section 3, Rule 1
4
Supra,,Section 4, Rule 1
10
1.1.d QUASI IN REM – names a person
as a defendant but its object is to subject the
person’s interest in property to a
corresponding lien or obligation (Ramos vs.
Ramos, 399 SCRA 43)
1.3
DISTINCTIONS BETWEEN A CIVIL
ACTION AND SPECIAL PROCEEDINGS –
CIVIL ACTION
SPECIAL PROCEEDINGS
5
Supra, Section 5, Rule 1
6
Magaspi v Ramolete, 115 SCRA 193
11
EXCEPT – if the plaintiff is authorized to
litigate as a pauper litigant – he is exempt
from filing fees.
7
Cabrera v Tiano,8 SCRA 542
8
Supra,Section 6, Rule 1
9
Vda De Toledo v Toleda, 417 SCRA 260
10
Seapower Shipping Enterprises, Inc. v CA, 360 SCRA 173, Tan v CA, 295 SCRA 755
11
El Reyno Homes v Ong, 397 SCRA 563
12
adequately explain his failure to abide by the
rules.12
12
Sebastian v Hon. Morales, 397 SCRA 549, Duremdes v Duremdes, 415 SCRA 684
13
Republic v Hernandez, 253 SCRA 509
14
Fortica v Corona, GR No. 131457, April 24, 1998
15
Supra, Section 1, Rule 2
16
Supra, Section 2, Rule 2
17
Navao v CA, 251 SCRA 545
13
action may only be ascertained from the
allegations of the complaint.18
18
Equitable Bank v CA, 425 SCRA 544
19
Supra, Section 3, Rule 2
20
Supra, Section 4, Rule 2
21
Joseph v Bautista, 170 SCRA 540
22
Articles 1484,1486, NCC
14
2.2.b If the contract provides for several
obligations, each obligation not performed
gives rise to a single cause of action. But if
upon filing of the complaint several
obligations have already matured, all of
them shall be integrated into a single cause
of action. Example: Contract for delivery of
goods in part or over a period.
23
Blossom & Co v Manila Gas Corporation, 55 Phil 226
24
Supra, Section 5, Rule 2
25
Supra, Section 6, Rule 3
15
EFFECT OF MISJOINDER
26
Supra, Section 6, Rule 2
27
Supra,,Section 1, Rule 3
28
Supra, Section 6, Rule 6
29
Supra, Section 8, Rule 6
30
Supra, Section 11, Rule 6
16
not organized as an entity with juridical
personality enter into a transaction, they
may be sued under the name by which they
are generally or commonly known but in
their answer to the complaint, their names
and addresses must be revealed.31
PARTIES IN INTEREST
31
Supra, Section 15, Rule 3
32
Mangila v Court of Appeals, 387 SCRA 162, Yao Ka Sin Trading v Court of Appeals, 209 SCRA 763
33
Juasing Hardware v Mendoza, 115 SCRA 783
34
Supra, Section 2, Rule 3
35
Gan Hock v. Court of Appeals, 197 SCRA 223
36
Tankiko v Cesar, 302 SCRA 559
17
DISTINGUISHED FROM LACK OF LEGAL
PERSONALITY means that the plaintiff is
not the real party in interest. Dismissal is
based on the fact that the complaint states
no cause of action
37
Supra, Section 7, Rule 3
38
Valenzuela v Court of Appeals, 363 SCRA 779
39
Domingo v Scheer, 421 SCRA 468
40
Supra, Section 8, Rule 3
18
2.2 A necessary party is to be
impleaded as a party for complete
determination of an action, while an
indispensable party is impleaded for a final
determination of an action.
41
Supra, Section 3, Rule 3
42
Article 1883, NCC
43
Supra, Section 4, Rule 3
44
Miranda v Besa, 435 SCRA 532
45
Articles 96 and 124, Family Code
46
Article 145, Family Code
47
Article 111, Family Code
19
by one spouse without the consent of the
other has been established for the benefit,
not of third persons, but only for the spouse
for whom the law desires to save the
conjugal partnership from damages that
might be caused. No other party can avail of
the remedy other than the aggrieved
spouse.48
JOINDER OF PARTIES
48
Villaranda v Villaranda, 423 SCRA 571
49
Supra, Section 5, Rule 3
50
Supra, Section 16, Rule 3
51
Supra, Section 18, Rule 3
52
Supra, Section 10, Rule 14
53
Article 222, Family Code
54
Supra, Section 6, Rule 3
20
This means that the right to relief or to resist
the action arises out of the same transaction
or event or series of transactions or events.
Example: action by passengers of a
common carrier for injuries sustained in an
accident, there is no community of interest,
the extent of the interest is limited to the
extent of damages being claimed by each.
55
Supra, Section 7, Rule 3
56
Supra, Section 12, Rule 3
57
Cadalin v POEA Administrator, 238 SCRA 721
21
4.2 It can be brought by the plaintiffs as
a class or may be filed against the
defendants as a class
58
Supra, Section 2, Rule 17
59
NDC v Court of Appeals, 211 SCRA 422
60
Supra, Section 9, Rule 3
61
Supra, Section 11, Rule 3
22
or refuses or such party cannot be sued –
the complaint must be dismissed (NDC v.
CA 211 S 422)
DISTINCTIONS BETWEEN
Indispensable party
Necessary party
versy.
IF DEATH/SEPARATION OF A PUBLIC
OFFICER (Sec 17)
64
Supra, Section 14, Rule 3
24
BEFORE SUBSTITUTION – IF NO
EXPRESS ASSENT, the public officer shall
be given reasonable notice of the application
and be accorded an opportunity to be heard.
EFFECT ON
INCOMPETENCY/INCAPACITY ON AN
ACTION
67
UST v Court of Appeals, GR No. 124250, October 18, 2004
68
Alipio v Court of Appeals, GR No. 134100, September 29, 2000
69
Supra, Section 3 and 18, Rule 3
70
Supra, Section 19, Rule 3
26
against the original party or the transferor
and still binding on the transferee.71
INDIGENT/PAUPER LITIGANT
71
State Invetsment House, Inc. v Court of Appeals, 318 SCRA 47
72
Jocson v Court of Appeals, GR 88297, March 22, 1990
73
Supra, Section 21
74
Section 19, Rule 141, Rules of Court
27
payment thereof without prejudice to other
sanctions.
75
Supra, Section 22, Rule 3
76
Supra, Section 1, Rule 4
28
or recovery of damages for its breach of for
the recovery of damages due to injury to
person or property or such all other actions
shall be commenced or tried where the
plaintiff or ANY OF THE PRINCIPAL
PLAINTIFFS reside or any of the defendants
reside, or if a NON-RESIDENT
DEFENDANT, where he may be FOUND at
the election of the plaintiff77
77
Supra, Section 2, Rule 4
78
Go v UCPB, GR No. 156187, November 11, 2004
79
Mangila v Court of Appeals, 387 SCRA 162
29
delivery of the title to him, which is a
personal action.80
80
Dimo Realty & Development, Inc. et al. v.
Dimaculangan, G.R. NO. 130991, March 11, 2004
81
Supra, Section 3, Rule 4
82
Dilweg v Philipps, 12 SCRA 243
83
Supra, Section 4, Rule 4
84
Supra, Section 7, Rule 66
30
office or in the place where the alleged
libelous article was printed and first
published; and if the offended parties are
private individuals, the venue shall be in the
Regional Trial Court of the place where the
libelous article was printed and first
published or where any of the offended
parties actually resides at the time of the
commission of the offense85 or 2. Art
360, RPC. Libel – Civil and Criminal action
to be distributed in the RTC where public
official holds office or where libelous article
was first printed or published (3)
Intracorporate Controversies are to be filed
in the Regional Trial Court where principal
office corporation is located.86
85
Article 360, Revised Penal Code
86
RA 8799, and A.M. 01-02-04-CS, March 13, 2001
87
Sweet Lines v Teves, 83 SCRA 361
88
Philippine Bank of Communications v Lim, 455 SCRA 714
89
Supra, Section 1 (c) ,Rule 16
90
Supra, Section 6, Rule 16
31
1.An example of a provision that applies
only to a Municipal Trial Court is that which
refers to an appeal taken from an order of
the lower court dismissing the case without
trial on the merits.91
91
Supra, Section 8, Rule 40
92
Supra, Section 1, Rule 6
93
Supra, Section 2, Rule 6
94
Supra, Section 3, Rule 6
95
Supra, Section 4, Rule 6
96
Naga Development Corporation v Court of Appeals, 41 SCRA 105
97
Supra, Section 5, Rule 6
98
Supra, Section 10, Rule 8
32
is true and deny the remainder (c)
Allegation of lack of knowledge or
information sufficient to form a belief as to
the truth of the material averment in the
pleading of the adverse party.
COMPULSORY
PERMISSIVE
99
Supra, Section 6, Rule 16
100
Supra, Section 6, Rule 6
33
1. does not arise out of or is not connected
with the transaction or occurrence constitu-
ting the subject matter of the opposing
party’s claim
101
Supra, Section 9, Rule 11, Intramuros Administration v Contacto, 402 SCRA 581
102
Supra, Section 12, Rule 6
103
Lafarge Cement Philippines, Inc. v Luzon Continental Land Corporation, 443 SCRA 522
34
3.3 The REQUISITES OF A
PERMISSIVE COUNTERCLAIM are: (a) It
does not require for adjudication the
presence of 3rd parties over whom the court
cannot acquire jurisdiction (b) It must be
cognizable by the regular courts of justice
(c) It must be within the jurisdiction of the
court both as to amount and the nature
thereof, except that in an original action
before the RTC, counterclaim is considered
compulsory regardless of amount
104
Supra, Section 8, Rule 6
105
Supra, Section 9, Rule 6
106
Supra, Section 11, Rule 6
35
6.1 EXAMPLES:
107
Supra, Section 13, Rule 6
108
Supra, Section 12, Rule 6
36
CERTIFICATION AGAINST FORUM
SHOPPING.
109
Supra, Section 1, Rule 7
37
3.1 NOTE the word OR because a party
may litigate / defend PRO SE or for himself
without aid or counsel. This applies even if a
party is already represented by counsel.
110
Supra, Section 4, Rule 7
111
Supra, Section 3, Rule 38
112
Supra, Section 1, Rule 42
113
Supra, Section 1, Rule 45
38
114
judgment (f) Injunction115 (g)
116
Receivership (h) Support117 (i) 69)
Certiorari, Prohibition or Mandamus118 (j)
Quo Warranto119 (k) Expropriation120 (l)
Forcible Entry / Detainer121 (m) Indirect
Contempt 122
114
Supra, Section 4, Rule 47
115
Supra, Section 1, Rule 58
116
Supra, Section 1, Rule 59
117
Supra, Section 1, Rule 61
118
Supra, Sections 1,2,3, Rule 65
119
Supra, Section 1, Rule 66
120
Supra, Section 1, Rule 67
121
Supra, Section 3, Rule 70
122
Supra, Section 3, Rule 71
123
Supra, Section 5, Rule 7
124
Castillo v Court of Appeals, 426 SCRA 369
39
and criminal actions. PROVIDED, that if the
acts of the party or counsel clearly constitute
WILLFUL and DELIBERATE forum
shopping, it shall then be ground for
SUMMARY DISMISSAL WITH PREJUDICE,
and shall constitute DIRECT CONTEMPT as
well as cause for administrative sanctions.
125
Benguet Electric Cooperative, Inc. v Flores, 287 SCRA 449
126
TADI v Solilapsi, 394 SCRA 269
127
BA Savings Bank v Sia, 336 SCRA 484
128
Ruiz v Drilon, 209 SCRA 695
40
actions or proceedings in different courts or
agencies.
129
Cavile v Heirs of Clarito Cavile, 400 SCRA 255, Gudoy v Guadalquiver, 429 SCRA 722
130
HCC Construction and Development Corporation v Emily Homes Subdivision Homeowners Association, 411 SCRA
504
131
Dar v Alonso Legasto, 339 SCRA 306
132
Docena v Lapesura, 355 SCRA 658
133
Hamilton v Levy, 344 SCRA 821
134
Commissioner of Internal Revenue v SC Johnson, 309 SCRA 87
135
Robern Development Corporation v Quitain, 315 SCRA 150
136
Sy Chin v Court of Appeals, 345 SCRA 673
137
Mercury Drug Corporation v Libunao, 434 SCRA 404
41
SEE: Ateneo de Naga vs. Bernal, GR
160455, May 9, 2005
Verification
Certification
138
Supra, Section 1, Rule 8
43
without leaving the statement of the cause of
action insufficient. Examples: (a) That an
obligation has been constituted, that party
must comply, that there is no compliance
(b)That party is the owner of property, that
he has a right to its use/possession, that he
has been dispossessed
139
Supra, Section 2, Rule 8
44
sufficient.140 (a) that earnest efforts at a
compromise have been exerted, the suit
being one between members of the same
family (b) that prior resort to conciliation has
been undertaken to no avail
IF ACTION/DEFENSE IS BASED ON AN
ACTIONABLE DOCUMENT
140
Supra, Section 3, Rule 8
141
Supra, Section 4, Rule 8
142
Supra, Section 5, Rule 8
143
Supra, Section 6, Rule 8
45
1.Where the action or defense is based on a
written document ( an actionable document)
it is pleaded by (a) setting forth the
substance of such document in the pleading
and attaching the original/copy as an annex
OR (b) setting it forth verbatim in the
pleading.144
144
Supra, Section 7, Rule 8
145
Supra, Section 8, Rule 8
146
Supra, Section 9, Rule 8
46
HOW ARE SPECIFIC DENIALS MADE
147
Supra, Section 10, Rule 8
148
Supra, Section 11, Rule 8
149
Supra, Section 12, Rule 8
47
The general effect of the failure to plead is
that the defenses / objections not so
pleaded in an Answer or a Motion to Dismiss
are deemed waived. HOWEVER, if it
appears from the pleadings or evidence on
record that (a) the Court has no jurisdiction
over the subject matter (b) there is another
action pending between the same parties for
the same cause, or (c) the action is barred
by prior judgment or statute of limitations,
the court shall DISMISS the claim. 150 These
defenses are not barred if not set up
(Section 1)
150
Supra, Section 1, Rule 9
151
Supra, Section 2, Rule 9
152
Supra, Section 8, Rule 11
153
Supra, Section 9, Rule 11
154
Supra, Section 10, Rule 11
155
Supra, Section 3, Rule 9
48
1.In addition, the defaulted defendant is
entitled to NOTICE OF SUBSEQUENT
PROCEEDINGS but HE CANNOT TAKE
PART IN THE TRIAL.156
156
Supra, Section 3 (a), Rule 9
157
Supra, Section 3 (c), Rule 9
158
Supra, Section 3 (d), Rule 9
159
Supra, Rule 38
49
5. ACTION TO ANNUL JUDGMENT –
based on EXTRINSIC / COLLATERAL
FRAUD – within 4 years from discovery of
the fraud (ONE THAT INDUCES ONE NOT
TO PRESENT HIS CASE/PREVENTS FULL
AND FAIR HEARING)
KINDS OF AMENDMENTS
160
Supra, Rule 65
161
Supra, Section 3,(e), Rule 9
162
Supra, Section 1, Rule 10
50
1.Formal Amendments which are defects in
the designation of the parties, other clerical
or typographical errors that may summarily
be corrected provided no prejudice is
caused the adverse party and are allowed at
any stage, at the Court’s own initiative or on
motion.163
163
Supra, Section 4, Rule 10
164
Supra, Section 2, Rule 10
165
Remington Industrial Sales Corporation v Court of Appeals, 382 SCRA 499
166
Supra, Section 3, Rule 10
167
Supra, Section 2, Rule 8
168
Supra, Section 1, Rule 9
51
can act169 (c) purpose is to cure the defect of
a non-existent cause of action. Example: An
amendment of the complaint to correct its
having been filed prematurely or when the
obligation was not yet due.
169
Tirona v Alejo, 367 SCRA 17, Gaspar v Dorado, 15 SCRA 331
170
Siasoco v Court of Appeals, 303 SCRA 186
171
Bernardo v Court of Appeals, 263 SCRA 660
172
Supra, Section 5, Rule 10
52
1. It supersedes the pleading that it
amends
173
Supra, Section 4, Rule 129
174
Supra, Section 8, Rule 10
175
Supra, Section 7, Rule 10
176
Supra, Section 9, Rule 11 and Section 2, Rule 9
53
1.A supplemental pleading is always upon
motion, and on such terms as are just and
upon reasonable notice and the ADVERSE
PARTY IS GIVEN 10 DAYS FROM NOTICE
OF ORDER ADMITTING THE
SUPPLEMENTAL PLEADING TO PLEAD
THERETO.177
177
Supra, Section 6, Rule 10
178
Shoemart, Incorporated v Court of Appeals, 190 SCRA 189
179
APT v Court of Appeals, 324 SCRA 533
180
Supra, Section 1, Rule 11
181
Supra, Section 5, Rule 11
54
CLAIMS, THIRD PARTY (ETC) CLAIM OR
COMPLAINTS IN INTERVENTION.182
REPLY
182
Supra, Section 3, Rule 11
183
Supra, Section 2, Rule 11, Section 128, Corporation Code
184
Supra, Section 7, Rule 11
185
Supra, Section 4, Rule 11
186
Supra, Sections 8,9, and 10, Rule 11
55
It must be filed within 10 days from service
of the pleading responded to. 187 Altough the
filing of a reply is optional as if one is not
filed, all new matters are deemed
controverted.188
187
Supra, Section 6, Rule 11
188
Supra, Section 10, Rule 6
189
Supra, Section 11, Rule 11
190
Supra, Section 8, Rule 66
191
Rabanal v Tugade, 383 SCRA 484
192
Supra, Section 1, Rule 12
56
action as the remedy then is to file a motion
to dismiss.193
193
Sabangan v Manila Railroad Company, 28 SCRA 772
194
Supra, Section 2, Rule 12
195
Supra, Section 3, Rule 12
196
Supra, Section 6, Rule 12
197
Supra, Section 4, Rule 6
198
Supra, Section 3, Rule 17
199
Vda. De Quillosa v Salazar, 14 SCRA 656
57
WHEN MUST A RESPONSE / ANSWER BE
FILED
MODES OF FILING
200
Supra, Section 5, Rule 12
201
Supra, Section 1, Rule 13
202
Supra, Section 2, Rule 13
203
Supra, Section 3, Rule 13
204
Ansel v Aledo, 420 SCRA 645
58
an agent of the Government.205This is also
known as the MAILBOX RULE.
205
Supra, Mintu v Court of Appeals, 53 SCRA 114
206
Supra, Section 4, Rule 13
207
Supra, Section 5, Rule 13
208
Supra, Section 6, Rule 13
209
Supra, Section 7, Rule 13
210
Industrial Timber Corporation v NLRC, 233 SCRA 597, Beneco v NLRC, 209 SCRA 55
59
judgments, final orders / resolutions shall
also be served upon him by publication at
the expense of the prevailing party.211
211
Supra, Section 9, Rule 13
212
Supra, Section 8, Rule 13
213
Supra, Section 10, Rule 13
214
Supra, Section 11, Rule 13
215
Maceda v. De Guzman vda de Macatangay, 481 SCRA 415
60
Proof of filing is shown by: (a) existence of
the pleading or other paper in the records of
the case (b) If not in the record, but is
claimed to be: (1) FILED PERSONALLY by
the written / stamped acknowledgment of its
filing by the Clerk of Court on a copy, and
(2) FILED BY REGISTERED MAIL by
the registry receipt and the affidavit of the
person who did the mailing containing a
FULL STATEMENT OF: (a) Date and place
of depositing in the post office in a sealed
envelope addressed to the Court, with
postage prepaid, and (b) Instructions are
given to the postmaster to return the mail to
sender after 10 days, if undelivered.216
216
Supra, Section 12, Rule 13
217
Supra, Section 13, Rule 13
218
Cruz v Court of Appeals, 388 SCRA 72
219
Ace Navigation, Inc v Court of Appeals, 338 SCRA 70
220
PEA v Caoibes, Jr., 312 SCRA 767
61
NOTICE OF LIS PENDENS
RULE 14 – SUMMONS
DEFINED
221
Supra, Section 14, Rule 13
222
Viewmaster Construction Corporation v Maulit, 326 SCRA 821, Alberto v Court of Appeals, 334 SCRA 756
223
Lim v Vera Cruz, 356 SCRA 386
224
Supra, Section 1, Rule 14
62
and (c) notice that unless defendant
answers, plaintiff will take judgment by
default and may be granted the relief prayed
for. ATTACHED THERETO IS A COPY OF
THE COMPLAINT AND ORDER FOR THE
APPOINTMENT OF A GUARDIAN AD
LITEM, IF ANY.225
SIGNIFICANCE OF SUMMONS
225
Supra, Section 2, Rule 14
226
A.M. No. 03-1-09-SC
227
Supra, Section 3, Rule 14
228
Supra, Section 9, Rule 14
229
UCPB v Ongpin, 368 SCRA 464
230
Supra, Section 20, Rules 14
63
OMNIBUS MOTION RULE231 that all
objections then available be included
otherwise they are waived, as the only
exceptions are (1) the Court has no
jurisdiction over the subject matter; (2) there
is another action pending between the same
parties for the same cause; (3) or, the action
is barred by prior judgment or statute of
limitations.232 These defenses are not barred
if not set up.
231
Supra, Section 8, Rule 15
232
Supra, Section 1, Rule 9
233
Supra, Section 6, Rule 14
234
Supra, Section 7, Rule 14
235
Hamilton v Rey, GR 139283, November 15, 2000
236
Samartino v Raon, 383 SCRA 664
237
Supra, Section 17, Rule 14
238
Supra, Section 14, Rule 14
64
maintained against him because it is in REM
OR QUASI IN REM239 (c) Defendant is a
Philippine resident but is temporarily out of
the country.240 Note the cross reference with
Section 15 and the fact that SUBSTITUTED
SERVICE MAY ALSO BE AVAILED OF.
239
Supra, Section 15, Rule 14
240
Supra, Section 16, Rule 14
241
Supra, Section 15, Rule 14, Valmonte v Court of Appeals, 252 SCRA 92
242
Cariaga v Malaya, 143 SCRA 441
243
Supra, Section 15, Rule 14
244
Supra, Section 8, Rule 14
65
in case of a minor, service may also be
made on his father or mother245 (c)
REPUBLIC OF THE PHILIPPINES it is to be
served on the Solicitor General 246 (d)
PROVINCE, CITY,MUNICIPALITY OR
SIMILAR PUBLIC CORPORATION it is to
be served on the executive head, or on such
other officers as the law or court may
direct247 (e) DOMESTIC PRIVATE
JURIDICAL ENTITY its is to be served on
the president, managing partner, general
manager, corporate secretary, treasurer or
in house counsel.248 Note the abandonment
of doctrine of substantial compliance. 249 (f)
FOREIGN PRIVATE JURIDICAL ENTITY it
is to be served upon its resident agent. If
there be no resident agent, the Government
official designated by law such as the SEC,
Insurance Commissioner, Superintendent of
Banks. If none, any of its officers or agents
in the Philippines. Note the required
sequence of service. In addition, if a lawyer
enters an appearance without proof of
having been engaged by the foreign
corporation, no voluntary appearance can
be inferred.250
245
Supra, Section 10, Rule 14
246
Supra, Section 13, Rule 14
247
Supra, Section 13, Rule 14
248
Supra, Section 11, Rule 14
249
Mason v Court of Appeals, 413 SCRA 303, E.B. Villarosa and Partner Co, Ltd v. Benito, 312 SCRA 65
250
Litton Mills v Court of Appeals, 256 SCRA 696
251
Supra, Section 4, Rule 14
252
Supra, Section 18, Rule 14
66
deposit of a copy of the summons and order
for publication in the post office, postage
prepaid directed to the defendant by
registered mail at / to his last known
address.253
RULE 15 – MOTIONS
DEFINED
253
Supra, Section 19, Rule 14
254
Supra, Section 1, Rule 15,
255
Supra, Section 2, Rule 15
256
Supra, Section 3, Rule 15
257
Supra, Section 4, Rule 15
258
Supra, Section 5, Rule 15
259
Fajardo v Court of Appeals, 354 SCRA 736
67
4.2 The absence of the notice of
hearing will not toll the running of the
reglementary period for appeal.260
260
Cledera v Sarmiento, 39 SCRA 553
261
Supra, Section 4, Rule 15
262
Remonte v. Bonto, 16 SCRA 257
263
Supra, Section 6, Rule 15
264
Cruz v Court of Appeals, 388 SCRA 72
265
Sumadchat v Court of Appeals, 111 SCRA 488
266
Supra, Section 7, Rule 15
267
Supra, Section 1, Rule 9
268
Supra, Section 8, Rule 15
68
discourage dilatory pleadings.269 Litigants
should not be allowed to reiterate identical
motions speculating on the possible change
of opinion of the court or judges thereof.270
269
Dacanay v Alvendia, 30 SCRA 31
270
Miranda v Court of Appeals, 71 SCRA 295
271
PH Credit Corporation v Court of Appeals, 370 SCRA 155
272
Supra, Section 9, Rule 15
273
Supra, Section 10, Rule 15
274
Panganiban v Pilipinas Shell Petroleum Corporation, 395 SCRA 624
275
Supra, Section 6, Rule 16
69
A motion to dismiss may be made on any of
the following grounds:276
276
Supra, Section 1, Rule 16
277
Fernandez v ICB, 316 SCRA 326
278
Columbia Pictures, Inc. v Court of Appeals, 261 SCRA 144, Travelwide Assn of the Phil. v. Court of Appeals, 199
SCRA 205
279
Victronics Computer v RTC, 217 SCRA 517
70
the ejectment case is the more appropriate
action.280
7.2 NO PRESENTATION OF
EVIDENCE IS REQUIRED AS THERE IS A
HYPOTHETICAL ADMISSION OF THE
FACTS ALLEGED IN THE COMPLAINT
280
Teodoro v Mirasol, 99 Phil 150
281
Roa-Magsaysay v Magsaysay, 98 SCRA 592
282
De Asis v Court of Appeals, 303 SCRA 176
71
7.3 FAILURE TO STATE A CAUSE OF
ACTION/NO CAUSE OF ACTION
DISTINGUISHED FROM LACK OF A
CAUSE OF ACTION283: (a) The former
refers to insufficiency of allegations, while
the latter refers to insufficiency of factual
basis (b) The former is raised only in a in a
motion to dismiss before responding to a
complaint, while the latter can be raised at
any time (c) The former allows dismissal to
be had at the early stages of the action,
while the latter allows dismissal after
questions of fact have been resolved after
evidence is presented or stipulations /
admissions are had.
283
Supra, Rule 33
284
Litonjua v Fernandez, 427 SCRA 478
285
Junson v martinez, 405 SCRA 390
286
Banares v Balising, 328 SCRA 36
287
Supra, Section 2, Rule 16
72
2.After the hearing, Court shall either
DISMISS THE ACTION, DENY THE
MOTION OR ORDER AMENDMENT OF
THE PLEADING, stating clearly and
distinctly the reasons for the action taken.288
288
Supra, Section 3, Rule 16
289
Supra, Section 4, Rule 16
290
Supra, Section 5, Rule 16
291
Supra, Section 1, Rule 17
73
2.Filing a motion to dismiss but such will not
result in dismissal without the approval of
the court and upon terms and conditions as
the court deems proper. BUT, if a
counterclaim has been pleaded before
service of motion to dismiss – the dismissal
is limited to the complaint. If shall be without
PREJUDICE TO RIGHT OF DEFENDANT
to prosecute his counterclaim in a separate
action unless within 15 days from notice of
the motion he manifests a preference to
have it resolved in the same action.
UNLESS specified, a dismissal is without
prejudice. NOTE also that a CLASS SUIT
shall not be dismissed or compromised
without the approval of the Court.292
292
Supra, Section 2, Rule 17
293
Supra, Section 3, Rule 17
294
Ruiz, Jr v CA, 212 SCRA 660
74
Rule applies to dismissal by the
DEFENDANT of his counterclaims cross-
claims or 3rd party claims. Voluntary
dismissal by the claimant by notice as under
Section 1 of the Rule shall be made before a
responsive pleading, motion for summary
judgment is served, or if there be none,
before introduction of evidence at the trial or
hearing.295
RULE 18 – PRE-TRIAL
WHAT IS PRE-TRIAL
WHEN CONDUCTED
295
Supra, Section 4, Rule 17
296
Interlining v Philippine Trust Company, 378 SCRA 521
297
Supra, Section 1, Rule 18
75
the parties in effecting a settlement given
the evidence of the parties.
298
Supra, Section 2, Rule 18
299
Supra, Section 3, Rule 18
76
submit to alternative modes of dispute
resolution; (3) enter into stipulations /
admissions of fact / documents.300
300
Supra, Section 4, Rule 18
301
Supra, Section 5, Rule 18
302
Young v Court of Appeals, 204 SCRA 584
303
Supra, Section 6, Rule 18
77
procedure, or need for referral of any issues
to commissioners
PRE-TRIAL ORDER
RULE 19 – INTERVENTION
304
Section 6, SC Adm. Circular 3-99, January 15, 1999
305
Supra, Section 7, Rule 18
306
Son vs. Son, 251 SCRA 556; PPA vs. City of Iloilo, 406 SCRA 88
307
Supra, Section 5, Rule 30
308
IBAA vs. IAC, 167 SCRA 450
78
A person who has a (a) legal interest in the
matter in litigation (b) has legal interest in
the success of either of the parties (c) has
an interest against both or (d) is so situated
as to be adversely affected by a distribution
or other disposition of property in the
custody of the court or an officer thereof.309
309
Supra, Section 1, Rule 19
310
Roxas v Dinglasan, 28 SCRA 430
311
Supra, Section 19, Rule 3
312
Supra, Section 2, Rule 19
313
Supra, Section 3, Rule 19
79
4.NO INTERVENTION IS ALLOWED IN
LAND REGISTRATION CASES as the
remedy is to file an OPPOSITION. Neither is
it allowed in cases covered by the Rules on
Summary Procedure.
ASSIGNMENT OF CASES
RULE 21 – SUBPOENA
WHAT IS A SUBPOENA
KINDS OF SUBPOENA
314
Barangay Matictic v Elbinias, 148 SCRA 83
315
Foster-Gallego v Galang, 435 SCRA 275
316
Supra, Section 1, Rule 20
317
Supra, Section 2, Rule 20
318
Ang v Bello, 163 SCRA 358
80
The kinds of subpoena are: (a) SUBPOENA
AD TESTIFICANDUM if it directs and
requires a person to attend and testify, OR
(b) DUCES TECUM if it requires him to bring
books/documents/or other things under his
control.319
BY WHOM ISSUED
319
Supra, Section 1, Rule 21
320
Supra, Section 2, Rule 21
321
Adorio v Bersamin, 273 SCRA 217
322
Supra, Section 5, Rule 21
323
Collado v Bravo, 356 SCRA 411
324
Supra, Section 10, Rule 21
81
There should be proof of service of the
notice (b) Proof of service of notice to take
deposition shall be presented to the clerk of
court of the place where deposition is to be
taken (c) On the basis of such proof of
service, the clerk upon authority and under
seal of the court, shall issue the subpoena
BUT a subpoena duces tecum cannot be
issued without an order of the Court (4)
Subpoena is to be served on witness whose
deposition is to be taken.325
325
Supra, Section 5, Rule 21
326
Supra, Section 2, Rule 21
327
Supra, Section 3, Rule 21
82
and kilometrage allowed by rules were not
tendered when the subpoena was served.328
HOW COMPUTED
328
Supra, Section 4, Rule 21
329
Supra, Section 6, Rule 21
330
Supra, Section 7, Rule 21
331
Supra, Section 8, Rule 21
332
Supra, Section 9, Rule 21
83
If the last day falls on a Saturday, Sunday or
legal holiday in the place where the Court
sits, the time shall not run until the next
working day.333
EFFECT OF INTERUPTIONS
RULES 23 TO 29 – MODES OF
DISCOVERY
WHAT IS DISCOVERY
PURPOSES OF DISCOVERY
333
Supra, Section 1, Rule 22
334
Supra, Rule 23
335
Supra, Rule 24
336
Supra, Rule 25
337
Supra, Rule 26
338
Supra, Rule 27
339
Supra, Rule 28
84
1.WITH LEAVE OF COURT, after
jurisdiction has been acquired / obtained
over any defendant or over property which is
the subject of the action as the issues are
not yet joined and disputed facts are not yet
clear OR if a person is confined in a prison
with LEAVE OF COURT ONLY, on such
terms that the Court may prescribe.
SCOPE OF A DEPOSITION
340
Supra, Section 1, Rule 23
341
Supra, Section 2, Rule 23
85
order which justice requires to protect the
party or witnesses from annoyance
embarrassment or oppression.342
342
Supra, Section 16, Rule 23
343
Supra, Section 18, Rule 23
344
Supra, Sections 10 and 14, Rule 23
345
Supra, Sections 11, 12, and 14, Rule 23
86
Commission is addressed to officers
designated by name or descriptive title.
346
Supra, Section 13, Rule 23
347
Supra, Section 15, Rule 23
87
PARTIES SERVED WITH NOTICE, IN LIEU
OF PARTICIPATING IN THE TAKING OF
DEPOSITION, may submit written
interrogatories – which the officer taking the
deposition shall propound to the witness and
record the answers VERBATIM.348
EFFECT OF NON-APPEARANCE
348
Supra, Section 17, Rule 23
349
Supra, Section 19, Rule 23
350
Supra, Section 20, Rule 23
351
Supra, Section 21, Rule 23
352
Supra, Section 22, Rule 23
88
PERSON OR BY COUNSEL, the Court
may order the party giving notice to pay
reasonable expenses incurred to attend,
including reasonable attorney’s fees. 353
353
Supra, Section 23, Rule 23
354
Supra, Section 24, Rule 23
355
Supra, Section 25, Rule 23
356
Supra, Section 26, Rule 23
357
Supra, Section 27, Rule 23
89
4.SEE: Gerochi vs. Dept of Energy GR
159796, April 5, 2005
DISTINGUISHED FROM
INTERROGATORIES TO PARTIES UNDER
RULE 25
358
Supra, Section 1, Rule 25
359
Supra, Section 2, Rule 25
360
Supra, Section 3, Rule 25
361
Supra, Section 4, Rule 25
362
Supra, Section 5, Rule 25
90
Unless thereafter allowed by the court for
good cause shown and to prevent failure of
justice, a party not served with written
interrogatories may not be compelled by the
adverse party to give testimony in open
court or give a deposition pending appeal.363
363
Supra, Section 6, Rule 25
364
Supra, Section 1, Rule 24
91
named in the petition for the purpose of
perpetuating their testimony.365
USE OF DEPOSITION
365
Supra, Section 2, Rule 24
366
Supra, Section 3, Rule 24
367
Supra, Section 4, Rule 24
368
Supra, Section 5, Rule 24
369
Supra, Section 6, Rule 24
92
depositions of witnesses to perpetuate their
testimony for use in the event of further
proceedings in the said Court.
HOW TAKEN
USE OF DEPOSITION
370
Supra, Section 7, Rule 24
371
Supra, Section 7, Rule 23
372
Supra, Section 8, Rule 23
93
director, or managing agent of a
public/private corporation
partnership/association which is a party may
be used by an adverse party for any
purpose
373
Supra, Section 4, Rule 23
94
1.As to notice – are waived unless written
objection is promptly served upon the party
giving the notice
374
Supra, Section 29, Rule 23
95
examined as permitted at the trial under
Sections 3 to 18, Rule 132.375
375
Supra, Section 3, Rule 23
376
Supra, Section 9, Rule 23
377
Supra, Section 5, Rule 23
378
Supra, Section 1, Rule 26
96
compliance is then deferred until objections
are resolved which should be done as early
as practicable.379
EFFECT OF ADMISSIONS
RULE 27 – PRODUCTION OR
INSPECTION OF DOCUMENTS ON
THINGS
HOW
379
Supra, Section 2, Rule 26
380
Supra, Section 3, Rule 26
381
Supra, Section 4, Rule 26
382
Supra, Section 5, Rule 26
97
the property or any designated RELEVANT
OBJECT or OPERATION thereon.383
WHEN AVAILED OF
383
Supra, Section 1, Rule 27
384
Supra, Section 1, Rule 28
385
Supra, Section 2, Rule 28
386
Supra, Section 3, Rule 28
98
examination.387 This refers primarily to the
privilege between doctor and patient.
387
Supra, Section 4, Rule 28
388
Supra, Sections 1 and 2, Rule 29
99
order is obeyed, dismissing the action or
proceeding or any part thereof, or rendering
judgment by default against the disobedient
party.
OTHER SANCTIONS
RULE 30 – TRIAL
NOTICE OF TRIAL
389
Supra, Section 3, Rule 29
390
Supra, Section 4, Rule 29
391
Supra, Section 5, Rule 29
392
Supra, Section 6, Rule 29
393
Supra, Section 1, Rule 30
100
require – but it shall have no power to
adjourn for a longer period than one month
for each adjournment, nor more than three
months in all, except when authorized in
writing by the Court Administrator of the
Supreme Court.394
394
Supra, Section 2, Rule 30
395
Supra, Section 3, Rule 30
396
Supra, Section 4, Rule 30
101
7.Upon admission of the evidence, the case
shall be deemed submitted for decision,
unless the court directs the parties to argue
or submit memoranda or any further
pleadings.
397
Supra, Section 5, Rule 30
398
Supra, Section 6, Rule 30
399
Supra, Section 7, Rule 30
400
Supra, Section 9, Rule 30
401
Supra, Section 8, Rule 30
102
willingness to discuss a compromise is
expressed by one or both parties (b)if it
appears that one of the parties, before the
commencement of an action / proceeding,
offered to discuss a possible compromise
but the other party refused the offer.402
RULE 31 – CONSOLIDATION OR
SEVERANCE
PURPOSE OF ALLOWING
CONSOLIDATION
402
Civil Code, Article 2030
403
Supra, Section 1, Rule 31
404
Section 1, Rule 111 of the Rules on Criminal Procedure
103
issues in furtherance of convenience or to
avoid prejudice.405
WHEN RESORTED TO
PROCEDURE
405
Supra, Section 2, Rule 31
406
Supra, Section 1, Rule 32
407
Supra, Section 2, Rule 32
408
Supra, Section 3, Rule 32
409
Supra, Section 4, Rule 32
104
2.Upon receipt of the Order of Reference,
and unless otherwise stipulated he shall
forthwith set a time and place for the first
meeting of the parties and counsel within 10
days after the date of the order of reference,
and shall notify parties / counsel410
410
Supra, Section 5, Rule 32
411
Supra, Section 6, Rule 32
412
Supra, Section 8, Rule 32
413
Supra, Section 7, Rule 32
414
Supra, Section 9, Rule 32
415
Supra, Section 10, Rule 32
105
the parties to present further evidence to the
commissioner416
EXPENSES / COMPENSATION
WHEN REFERENCE TO
COMMISSIONERS IS REQUIRED BY THE
RULES
416
Supra, Section 11, Rule 32
417
Supra, Section 12, Rule 32
418
Eternal Gardens Memorial Park Corporation v Court of Appeals, 282 SCRA 553
419
Supra, Section 13, Rule 32
420
Supra, Section 1, Rule 33
421
Quebral v Court of Appeals, 252 SCRA 353
106
therein the facts and the law on which it is
based.422
422
Nicos Industrial Corporation v Court of Appeals, 206 SCRA 127
423
Radiowealth Finance Company v Del Rosario, 335 SCRA 288
424
Supra, Section 1, Rule 34
425
Supra, Sections 8,9 and 11, Rule 8
107
render judgment on the pleadings as
presentation of evidence is required.
426
Monterey Foods Corporation v Eserjose, 410 SCRA 627, Puyat v Zabarte, 352 SCRA 738
427
Supra, Section 1, Rule 35
108
2.If movant is the defending party, he may
file the motion at any time before or after he
files his answer on the ground that plaintiff’s
claim against him is SHAM or FALSE 428
428
Supra, Section 2, Rule 35
429
Excelsa Industries v Court of Appeals, 247 SCRA 560
430
Supra, Section 5, Rule 35
109
expenses which may have been incurred by
the other party, including attorney’s fees. It
may also find / adjudge, after hearing, that
attending party / counsel are guilty of
contempt.431
431
Supra, Section 6, Rule 35
432
Supra, Section 4, Rule 35
110
Summary Judgment requires service at least
10 days prior to the hearing
REQUISITES OF A JUDGMENT/FINAL
ORDER
433
Supra, Section 1, Rule 36
434
ABC Davao Auto Supply v Court of Appeals, GR 113296, January 16, 1998
435
Castro v Malazo, 99 SCRA 164
111
3.A SIN PERJUICIO JUDGMENT is one
which is without a statement of facts and is
to be supplemented later by the final
judgment. Such a judgment is void.
JUDGMENTS MAY BE
436
Supra, Section 2, Rule 36
437
Magbanua v. Uy, 458 SCRA 185
438
Supra, Section 3, Rule 36
112
proceed against the others.439 Example:
Judgment against a surety for admitted
liability.
WHEN FILED
439
Supra, Section 4, Rule 36
440
Supra, Section 5, Rule 36
441
Supra, Section 6, Rule 36
442
Supra, Section 1, Rule 37
443
Maestrado v Court of Appeals, 327 SCRA 678
113
party at trial that prevents fair determination.
Examples are: perjury, falsification.
444
Jarco Marketing v Court of Appeals, 321 SCRA 375
445
Agan v Heirs of Sps. Andres and Diosdada Nueva, 418 SCRA 421
446
Mckee v Intermediate Appellate Court, 211 SCRA 517
447
Marikina Valley Development Corporation v Court of Appeals, 294 SCRA 273
114
HOW FILED / CONTENTS
448
Yap v Tanada, 163 SCRA 464
449
Marina Properties Corporation v Court of Appeals, 294 SCRA 273, Cledera v Sarmiento, 39 SCRA 552
450
Firme v Reyes, 92 SCRA 713
451
Supra, Section 3, Rule 37
452
Supra, Section 5, Rule 37
115
shall stand trial de novo (c) recorded
evidence, insofar as material or competent
to establish the issues, shall be used at the
new trial without need to retake therein453
OTHERS
453
Supra, Section 6, Rule 37
454
Supra, Section 3, Rule 37
455
Hongria v Hongria-Juarde, 425 SCRA 504
456
Supra, Section 4, Rule 37
457
Barnes v Reyes, 411 SCRA 538
116
Accident, Mistake or Excusable Negligence.
This also applies to a failure to take an
appeal is due.
458
Supra, Sections 1 and 2, Rule 38
459
Arcelona v Court of Appeals, 280 SCRA 20
460
Torno v Intermediate Appellate Court, 166 SCRA 742
461
Alquesa v Cavada, Jr. 3 SCRA 428
462
Valencia v Court of Appeals, 352 SCRA 72
463
Sta Lucia Realty and Development Corporation v Court of Appeals, 343 SCRA 214
464
Supra, Section 3, Rule 38
465
Mago v Court of Appeals, 303 SCRA 600
466
Manipor v Ricafort, 407 SCRA 298
117
1.3 The 6 months period is reckoned
from entry of judgment or final order, not
from its rendition or finality467while “from
learning” means from notice of judgment or
final order468
PROCEDURE
467
Bayog v Natino, 258 SCRA 378
468
Prudence Realty and Development Corporation v Court of Appeals, 231 SCRA 379
469
Supra, Section 4, Rule 38
470
Supra, Section 5, Rule 38
471
Supra, Section 6, Rule 38
472
Supra, Section 1(b), Rule 41
473
Supra, Section 7, Rule 38
118
DISTINGUISHED FROM A MOTION FOR
NEW TRIAL
474
Supra, Section 1, Rule 39
119
2. DISCRETIONARY is one that is
issued, on motion, of the prevailing party for
good reasons. This is also known as
EXECUTION PENDING APPEAL /
EXCEPTIONAL EXECUTION 475
b.DISCRETIONARY EXECUTION BE
STAYED upon approval by the proper court
of a sufficient supersedeas bond filed by the
party against whom it is directed –
CONDITIONED UPON THE
PERFORMANCE OF THE JUDGMENT /
FINAL ORDER allowed to be executed in
case finally sustained in whole in part. The
bond may then be proceeded against on
475
Supra, Section 2, Rule 39
476
Philippine Nails & Wires Corpoation v Malayan Insurance Company, 397 SCRA 431
477
Jaca v Davao Lumber Company, 113 SCRA 107
478
FEBTC v Toh, Sr. 404 SCRA 590
120
motion with notice to the surety. 479 BUT, the
mere filing of a bond by a successful party
allow execution pending appeal nor
constitute good ground.480
479
Supra, Section 3, Rule 39
480
International School v. Court of Appeals, 309 SCRA 474
481
ITC v PTA, 341 SCRA 90
482
Supra, Section 4, Rule 39
483
Supra, Section 19, Rule 70
484
Litton v Court of Appeals, 263 SCRA 40, AFPMBAI v Court of Appeals, 311 SCRA 143
485
Supra, Section 2 (b), Rule 39
486
Supra, Section 5, Rule 39
121
Discretionary execution applies only to a
judgment or final order of the trial court.487
487
Heirs of the late Justice JBL Reyes v Demetria, 374 SCRA 206
488
Supra, Section 5, Rule 61
489
Denso Philippines, Incorporated v IAC, 148 SCRA 280
490
Supra, Section 6, Rule 39
491
Laperal v Ocampo, 410 SCRA 339
122
2.RECONCILING WITH ACTIONS UPON A
JUDGMENT under Article 1144, NCC
WHICH PRESCRIBES IN 10 YEARS. The
Rules of Court refer to the manner of
execution of the judgment.
492
Camacho v Court of Appeals, 287 SCRA 611
493
Republic v Court of Appeals, 260 SCRA 344
123
costs damages, rents, profits due as of the
date of issuance of the writ aside from the
principal obligation under judgment494
MANNER OF EXECUTION
494
Supra, Section 8, Rule 39
495
Supra, Section 12, Rule 39
124
2.2 PROBLEM if LEVY is made beyond
the period of 5 years from entry of judgment.
The same is NOT VALID as lifetime or a writ
of execution is 5 years from date of entry of
judgment.496
496
Supra, Section 14, Rule 39
497
Supra, Section 9, Rule 39
498
Supra, Section 14, Rule 39
125
II.FOR SPECIFIC ACTS499
499
Supra, Section 10, Rule 39
500
Supra, Section 15, Rule 39
126
Regional or Municipal Trial Court issuing the
writ. If capable of manual delivery, where
personal property is located.
501
Supra, Section 17, Rule 39
502
Supra, Section 19, Rule 39
503
Supra, Section 22, Rule 39
127
WHAT HAPPENS WHEN A PURCHASER
REFUSES TO PAY
504
Supra, Section 20, Rule 39
505
Supra, Section 21, Rule 39
506
Supra, Section 18, Rule 39
128
action to vindicate his claim BUT nothing
also prevents the judgment obligee from
claiming damages in the same or separate
action against a 3rd party claimant who files
a frivolous / spurious claim.
507
Supra, Section 16, Rule 39
508
Supra, Section 25, Rule 39
509
Supra, Section 26, Rule 39
510
Supra, Section 27, Rule 39
129
Property so redeemed may be redeemed
within 60 days after the last redemption
upon payment of the sum paid, w/ 2%
interest thereon plus taxes / assessments
paid, and amount of liens held by
redemptioner prior to his own. AND SO
FORTH.
511
Supra, Section 30, Rule 39
512
Supra, Section 29, Rule 39
513
Supra, Section 31, Rule 39
130
2.Rents, earnings and income shall belong
to the judgment obligor until the expiration of
his period for redemption. Neither shall the
purchaser or judgment obligee be entitled to
the same when such property is in the
possession of a tenant.514
IF NO REDEMPTION IS MADE
514
Supra, Section 32, Rule 39
515
Supra, Section 33, Rule 39
516
Cometa v IAC, 151 SCRA 563, AutoCorp Group v Court of Appeals, 437 SCRA 678
131
have as of the date of revived and no
more.517
II.PERSONAL PROPERTY -
517
Supra, Section 34, Rule 39
518
Supra, Section 23, Rule 39
519
Supra, Section 24, Rule 39
520
Supra, Sections 9 and 10, Rule 39
132
they may be punished for contempt. 521
EXAMPLE: Injunction, Quo warranto
521
Supra, Section 11, Rule 39
133
(l) The right to receive legal support, or
money or property obtained as such
support, or any pension or gratuity from the
Government;
522
Supra, Section 13, Rule 39
523
Gomez v Gealone, 203 SCRA 474
524
Supra, Section 7, Rule 39
134
he may compel repayment from the
principal.525
525
Supra, Section 35, Rule 39
526
Supra, Section 36, Rule 39
527
Supra, Section 37, Rule 39
528
Supra, Section 39, Rule 39
529
Supra, Section 38, Rule 39
135
3.Order for application of property and
income to satisfaction of judgment. – it may
include his property or money due the
judgment obligor, not exempt from
execution, in his hands or other person,
corporation or juridical entity may be applied
to satisfaction of judgment subject to any
prior rights over such property. ALSO, if
upon investigation of current income and
expenses, the earnings of judgment obligor
are more than necessary for the support of
his family, the court may order that judgment
be paid by monthly installments, failing in
which he may be punished for indirect
contempt.530
530
Supra, Section 40, Rule 39
531
Supra, Section 41, Rule 39
532
Supra, Section 42, Rule 39
533
Supra, Section 43, Rule 39
136
Execution Book upon RETURN OF WRIT
INDICATING SATISFACTION / ON
ADMISSION OF SATISFACTION BY
JUDGMENT OBLIGEE / COUNSEL534
534
Supra, Section 44, Rule 39
535
Supra, Section 45, Rule 39
536
Supra, Section 47 (a), Rule 39
537
Supra, Section 47 (b), Rule 39
538
Supra, Section 47 (c), Rule 39
137
This exists when between the first case
where judgment is rendered, and the second
case where such judgment is invoked, there
is identity of parties, subject matter, and
cause of action. When all three are present,
the judgment on the merits rendered in the
first constitutes an absolute bar to the
subsequent action.
1.3 CONCLUSIVENESS OF
JUDGMENT, also known as PRECLUSION
OF ISSUES or COLLATERAL ESTOPPEL
espouses that issues actually and directly
resolved in a former suit cannot again be
raised in any future case between the same
parties involving a different cause of
action.540
539
Oropeza Marketing Corporation v Allied Banking Corporation, 393 SCRA 278
540
Tan v Court of Appeals, 363 SCRA 444
541
Boiser v NTC, 169 SCRA
542
Supra, Section 48, Rule 39
138
3.Effect of judgment against a surety
APPEALS
543
Supra, Section 46, Rule 39
544
Supra, Section 1, Rule 40
545
Supra, Section 2, Rule 40
546
Neypes v Court of Appeals, GR 141524, September 14, 2005
139
from statement of the material dates
showing timeliness of the appeal.
WHEN PERFECTED
547
Supra, Section 6, Rule 41
548
Supra, Section 7, Rule 41
549
Supra, Section 8, Rule 41
140
2.If by record on appeal, it is perfected upon
approval of record on appeal filed in due
time. Court loses jurisdiction upon approval
and expiration of time to appeal of other
parties.
550
Supra, Section 4, Rule 40
551
Supra, Section 5, Rule 40
552
Mactan Cebu International Airport Authority v Mangubat, 312 SCRA 466
553
Lopez v Court of Appeals, 75 SCRA 401
554
Supra, Section 6, Rule 40
141
expiration, the case is submitted for decision
on the basis of the record in Municipal Trial
Court and the memoranda submitted by the
parties.555
555
Supra, Section 7, Rule 40
556
Supra, Section 8, Rule 40
142
consent. A petition for relief or a petition to
annul judgment under Rule 47 or Certiorari
under Rule 65 is the remedy
557
Supra, Section 1, Rule 41
558
Supra, Section 2, Rule 41
559
Supra, Section 3, Rule 41
560
Supra, Section 13, Rule 41
143
appealed from, and include a statement of
the material dates showing timeliness of the
appeal.561 or if by RECORD ON APPEAL it
must comply with the requirements as
previously discussed in an appeal from the
Municipal Trial Court to the Regional Trial
Court.562
4.PERFECTION OF APPEAL IS AS
DISCUSSED under Rule 40.563
Subsequently, it is the DUTY OF CLERK
OF COURT OF THE LOWER COURT within
30 days after perfection of all appeals to: (a)
verify correctness of the original record /
record on appeal and make a certification as
to correctness (b) verify completeness of
records transmitted to appellate court (c) If
incomplete, take necessary measures as
may be required to complete the records,
availing of the authority that he or the court
may exercise for this purpose. (d) transmit
the records to the appellate court. (e) then
furnish parties of his transmittal. 564
561
Supra, Section 5, Rule 41
562
Supra, Sections 6,7,8, Rule 41
563
Supra, Section 9, Rule 41
564
Supra, Section 10, Rule 41
565
Supra, Section 11 and 12, Rule 41
566
Supra, Section 13, Rule 41
567
Supra, Section 1, Rule 44
144
appointed, notice shall be filed and furnished
adverse parties.568
568
Supra, Section 2, Rule 44
569
Supra, Section 3, Rule 44
570
Supra, Section 4, Rule 44
571
Supra, Sections 4 and 5, Rule 44
572
Supra, Section 7, Rule 44
573
Supra, Section 11, Rule 44
574
Supra, Section 13, Rule 44
145
copies on appellant. The CONTENTS OF
APPELLEE’S BRIEF are: (1) subject index
(2) statement of facts, either a statement of
acceptance or counter-statement of facts (3)
Arguments575 (c) A Reply Brief may be filed
by appellant within 20 days from receipt of
the Appellee’s Brief.576 NO EXTENSION OF
TIME TO FILE BRIEFS is allowed except
for good and sufficient cause, and only if
filed before expiration of the time sought to
be extended577 IN LIEU OF BRIEFS,
MEMORANDA is required in certiorari,
prohibition, madamus, quo warranto, hebeas
corpus within a non-extendible period of 30
days from notice that all evidence is
attached to the record. Failure of appellant
to file his memoranda is ground to dismiss
the appeal.578
575
Supra, Section 14, Rule 44
576
Supra, Section 9, Rule 44
577
Supra, Section 12, Rule 44
578
Supra, Section 10, Rule 44
579
Supra, Section 15, Rule 44
580
BPI v Leobrera, 416 SCRA 15
581
People v. Mateo, 433 SCRA 640, AM No. 00-5-03-SC, October 15, 2004
146
exercise of its appellate jurisdiction under
Rule 42
582
Supra, Section 1, Rule 42
583
Supra, Sections 2 and 3, Rule 41
584
Supra, Section 8, Rule 42
147
6.ONCE FILED, the Court of Appeals may:
(a) Require the respondent to file a
comment, not a motion to dismiss, within 10
days from notice (b)Dismiss the petition if
found to be patently without merit,
prosecuted manifestly for delay, or
questions raised therein are too
unsubstantial to require consideration.585
585
Supra, Section 4, Rule 42
586
Supra, Section 5, Rule 42
587
Supra, Section 6, Rule 41
588
Supra, Section 9, Rule 42
589
Manila Bay Club Corporation v Court of Appeals, 245 SCRA 715
148
2.This is initiated by the filing of a Verified
Petition for Review on Certiorari raising only
questions of law. This mode of appeal is
available to question judgment / resolutions
of the Court of Appeals, the
Sandiganbayan, a Regional Trial Court, and
other Courts whenever authorized by law.590
590
Supra, Section 1, Rule 45
591
Supra, Sections 2 and 3, Rule 45
592
Supra, Section 4, Rule 45
149
as to call for an exercise of the power of
supervision.593
593
Supra, Sections 5 and 6, Rule 45
594
Supra, Section 8, Rule 45
595
Supra, Section 7, Rule 45
596
Supra, Section 9, Rule 45
597
Martinez v Court of Appeals, 358 SCRA 38
150
(d) By Petition for Review under Rule
43 in a case decided by the Regional Trial
Court sitting as a commercial court.598
598
A.M. No. 04-9-07-SC, September 14, 2004
599
Supra, Sections 1 and 2, Rule 43
600
Supra, Section 3, Rule 43
601
Supra, Section 4, Rule 43
602
Supra, Section 12, Rule 43
603
Republic v Bernardez-Lorino, 449 SCRA 57
151
PROCEDURE WITH THE COURT OF
APPEALS
604
Supra, Section 1, Rule 46
605
Supra, Section 2, Rule 46
606
Supra, Section 3, Rule 46
607
Paras v Baldado, 354 SCRA 141
608
Supra, Section 4, Rule 46
152
CAN BE FILED – OTHERS CAN ONLY BE
FILED WITH LEAVE OF COURT.609
609
Supra, Section 5, Rule 46
610
Supra, Section 6, Rule 46
611
Supra, Section 7, Rule 46
612
Supra, Section 1, Rule 48
613
Supra, Section 2, Rule 48
614
Supra, Section 3, Rule 48
615
Supra, Section 1, Rule 49
153
related matters shall be as directed by the
Court.616
616
Supra, Section 2, Rule 49
617
Supra, Section 3, Rule 49
154
9.The fact that order / judgment appealed
from is not appealable.618
WITHDRAWAL OF AN APPEAL
RULE 51 - JUDGMENT
1. IN ORDINARY APPEALS:
2. IN ORIGINAL ACTIONS /
PETITIONS FOR REVIEW
618
Supra, Section 1, Rule 50
619
Supra, Section 2, Rule 50
620
Supra, Section 3, Rule 50
621
Supra, Section 1, Rule 51
622
Supra, Section 2, Rule 51
155
4.Participation of all 3 justices shall be
necessary at deliberation and unanimous
vote shall be required for pronouncement. If
not, the clerk shall enter the vote of
dissenting justices in the record. Thereafter,
Chairman of the division refers it to the
Presiding Justice, who will designate 2
justices by raffle to sit temporarily and to
form a special division of five (5) justices.
The participation of all is required for
deliberation. Concurrence of majority is
required for pronouncement.623
623
Supra, Section 3, Rule 51
624
Supra, Section 6, Rule 51
625
Supra, Section 8, Rule 51
626
People v Teehankee, 269 SCRA 54.
627
Supra, Section 4, Rule 51
628
Supra, Section 5, Rule 51
156
and cause true copies thereof to be served
upon the parties or counsel.629
629
Supra, Section 9, Rule 51
630
Supra, Section 10, Rule 51
631
Supra, Section 11, Rule 51
632
Supra, Section 1, Rule 52
633
Supra, Section 2, Rule 52
634
Supra, Section 3, Rule 52
635
Supra, Section 4, Rule 52
157
THE TRIAL IN THE COURT BELOW BY
THE EXERCISE OF DUE DILIGENCE AND
WHICH IS OF SUCH A CHARACTER AS
WOULD PROBABLY CHANGE THE
RESULT. The motion must be accompanied
by affidavits showing the facts constituting
the grounds and the newly discovered
evidence.636
OTHER MATTERS
636
Supra, Section 1, Rule 53
637
Supra, Section 2, Rule 53
638
Supra, Section 4, Rule 53
639
Supra, Section 3, Rule 53
640
Supra, Section 1, Rule 54
641
Supra, Section 2, Rule 54
158
Judgments and Final Resolutions shall be
published in the Official Gazette and in the
Reports officially authorized by the Court, in
the language originally written, together with
a syllabi. If not so published, a memoranda
shall be made and published in the like
manner. 642 The publication is to be prepared
by the Reporter. 643 Those of the Supreme
Court are called Philippine Reports, while
those of the Court of Appeals are called
Court of Appeals Reports. 644
642
Supra, Section 1, Rule 55
643
Supra, Section 2, Rule 55
644
Supra, Section 3, Rule 55
645
Supra, Section 1, Rule 47
646
Manipor v Ricafort, 407 SCRA 298
647
Ancheta v Ancheta, 424 SCRA 725
648
Republic v Heirs of Sancho Magdato, 340 SCRA 115
649
Malolos v Dy, 325 SCRA 827
159
2.1 There is extrinsic fraud when the
unsuccessful party had been prevented from
exhibiting fully his case, by fraud or
deception practice upon him by his
opponent, as keeping him away from the
court, or where the defendant never had
knowledge of the suit, being kept in
ignorance by the acts of the plaintiff.650
650
Leonardo v ST Best, 422 SCRA 347
651
Supra, Section 3, Rule 47
652
Supra, Section 4, Rule 47
653
Supra, Sections 5 and 6, Rule 47
654
Supra, Section 7, Rule 47
160
The prescriptive period for the refiling of the
original action shall be deemed suspended
from the filing of such original action until
finality of the judgment of annulment.
HOWEVER, the prescriptive period is or
shall not be suspended where extrinsic fraud
is attributable to the plaintiff is original
action.655
SCOPE OF RELIEF
WHAT IS CERTIORARI
655
Supra, Section 8, Rule 47
656
Supra, Section 9, Rule 47
657
Supra, Section 10, Rule 47
658
Supra, Section 1, Rule 65
161
appeal or any other speedy or adequate
remedy, while the latter involves a review of
judgment/final order/ resolution on the merits
(c) the former is filed within 15 days from
notice of judgment / order, while the latter is
filed not later than 60 days from notice of the
resolution sought to be assailed or denial
of a motion for reconsideration (d) the
former shall stay the judgment /final order or
award, while the latter does not stay the
order or resolution unless a temporary
restraining order or preliminary injunction is
issued (e) In the former, the
petitioner/respondent are the original parties
in the case and the lower court is not
impleaded, while in the latter, the aggrieved
party is the petitioner against the against the
lower court, agency and the prevailing party
(f) the former does not require the filing of a
motion for reconsideration prior to filing,
while the latter requires a motion for
reconsideration prior to filing (g) in the
former, the court is exercising appellate
jurisdiction, while in latter, it is exercising
original jurisdiction (h) the former can only
be filed in the Supreme court, while the latter
may be filed with Supreme Court, Court of
Appeals, or the Regional Trial Court
EXCEPTIONS TO REQUIREMENT AS TO
MOTION FOR RECONSIDERATION
PRIOR TO FILING A PETITION FOR
CERTIORARI UNDER RULE 65
WHAT IS PROHIBITION
WHAT IS MANDAMUS
659
Supra, Section 2, Rule 65
660
Municipal Council of Lemery, Batangas v Provincial Board of Batangas, 56 PHIL 260
163
an office, trust or station, or unlawfully
excluded another from the use and
enjoyment of a right or office to which such
other is entitled, and there is no plain,
speedy or adequate remedy in the ordinary
course of the law, praying that judgment be
rendered commanding the respondent,
immediately or at some other time specified
by the Court to do the act required to be
done to protect the rights of the petitioner,
pay damages sustained by reason of the
wrongful acts.
2 ASPECTS OF MANDAMUS
661
Enriquez, Jr v Bidin, 47 SCRA 183
662
Calderon v Sol, 215 SCRA 876
164
unlawfully neglected to perform it or
excluded a party from occupying or enjoying
the privilege of an office to which he is
lawfully entitled and the object is to
COMPEL action, while in CERTIORARI, the
respondent is exercising judicial or quasi-
judicial powers without jurisdiction or with
grave abuse of discretion amounting to an
excess or lack of jurisdiction and the object
is to CORRECT. In PROHIBITION , the
respondent is exercising judicial, quasi-
judicial or ministerial powers and he is acting
or about to act without jurisdiction or with
grave abuse of discretion amounting to an
excess or lack of jurisdiction, and the object
is to PREVENT
PARTIES TO BE IMPLEADED
663
Supra, Section 4, Rule 65, as Amended by A.M. 00-2-03-SC
165
Unless otherwise directed by the court, the
public respondents shall not appear or file
an answer or comment. If elevated to a
higher court the public respondents shall be
nominal parties, and unless directed shall
not appear or participate in the proceedings
therein.664
ORDER TO COMMENT
SERVICE / ENFORCEMENT OF
JUDGMENT –
664
Supra, Section 5, Rule 65
665
Supra, Section 6, Rule 65
666
Supra, Section 7, Rule 65
667
Supra, Section 8, Rule 65
668
Supra, Section 9, Rule 65
166
without legally being incorporated or without
lawful authority to act.669
669
Supra, Section 1, Rule 66
670
Tecson v Comelec, 424 SCRA 277
671
Supra, Section 5, Rule 66
672
Supra, Section 2, Rule 66
673
Supra, Section 3, Rule 66
674
Supra, Section 7, Rule 66
675
Supra, Sections 10 and 11, Rule 66
676
Supra, Section 6, Rule 66
167
consistent with the rights of the parties. It
can also take precedence over other civil
matters pending before the Court.677
ORIGINAL CASES
677
Supra, Section 8, Rule 66
678
Supra, Section 9, Rule 66
679
Supra, Section 12, Rule 66
680
Supra, Section 10, Rule 66
168
The cases cognizable by the Supreme Court
are Certiorari, Mandamus, Prohibition, Quo
Warranto, Habeas Corpus, Disciplinary
Actions against members of the Judiciary
and Attorneys, Cases affecting
Ambassadors, Public Ministers or
Consuls.681
APPEALED CASES
681
Supra, Section 1, Rule 56
682
Supra, Section 2, Rule 56
683
Supra, Section 3, Rule 56
684
Supra, Section 6, Rule 56
685
Supra, Section 4, Rule 56
169
the choice or mode of appeal (7) that it is not
appealable to the Supreme Court686
PROVISIONAL REMEDIES
GROUNDS
686
Supra, Section 5, Rule 56
687
Supra, Section 7, Rule 56
170
1.Action for recovery of money or damages
other than moral / exemplary, on a cause of
action that arise from law, contract, quasi –
contract, delict, or quasi-delict against a
party who is about to depart from the
Philippines with intent to defraud creditors.
688
FCY Construction Group Incorporated v Court of Appeals, 324 SCRA 270
689
Supra, Section 1, Rule 57
171
AS THE SUM for which the ORDER is
granted, above all legal counterclaims690
690
Supra, Section 3, Rule 57
691
Supra, Section 4, Rule 57
692
Supra, Section 2, Rule 57
693
Mangila v Court of Appeals, 387 SCRA 162
172
interest, while a QUASI-IN-REM is a
proceeding against the thing for satisfaction
a claim against a person by adjudication of
rights against property over which
jurisdiction can be obtained
694
Roque v Court of Appeals, 93 SCRA 540
695
Supra, Section 5, Rule 57
696
Supra, Section 12, Rule 57
173
devisee, by serving the writ / notice on
executor or administrator.
697
Supra, Section 7, Rule 57
698
Supra, Section 8, Rule 57
699
Supra, Section 9, Rule 57
700
Supra, Section 10, Rule 57
701
Supra, Section 6, Rule 57
174
2. If there is a balance, selling so much
of the real or personal property as may be
necessary to satisfy the balance, if enough
for that purpose, remains in the hands of the
sheriff or clerk of court. Note that there can
be an EARLY SALE if it is made to appear
to the court in which the action is pending
that the property attached is perishable, or
that the interest of all the parties to the
action will be subserved by the sale of the
properties at public auction, the proceeds to
be deposited with the court to abide the
judgment.702
702
Supra, Section 11, Rule 57
703
Supra, Section 15, Rule 57
704
Supra, Section 17, Rule 57
705
Supra, Section 18, Rule 57
175
are to be awarded after hearing and is to be
included in the judgment in the main case.
706
Supra, Section 20, Rule 57
707
Supra, Section 12, Rule 57
708
Supra, Section 13, Rule 57
709
Supra, Section 20, Rule 57
176
keeping of the property may be filed /
enforced against the bond unless the action
is filed within 120 days from date of the filing
of the bond. 710
710
Supra, Section 14, Rule 57
711
Supra, Section 1, Rule 58
712
Supra, Section 2, Rule 58
177
and tending to render judgment
ineffectual.713
HOW OBTAINED
713
Supra, Section 3, Rule 58
714
Supra, Section 6, Rule 58
715
Supra, Section 5, Rule 58
178
finally decide that applicant was not entitled
thereto (3) if included in a complaint /
initiatory pleading it shall be raffled only after
notice to and in the presence of the adverse
party. In any event, notice shall be
preceeded by or contemporaneously
accompanied by service of summons,
together with affidavit and bond (PRIOR OR
CONTEMPORANEOUS RULE) but such will
not be applicable if defendant / adverse
party cannot be served personally /
substituted service, temporarily absent or is
a non-resident. The matter shall thereafter
be acted upon only after all parties are
heard in a summary hearing, conducted
within 24 hours after sheriff’s return of
service.716
JUDGMENTS OR ORDERS IN
INJUNCTION
1.ORDER DISCHARGING IS
IMMEDIATELY EFFECTIVE
716
Supra, Section 4, Rule 58
717
Supra, Section 6, Rule 58
718
Supra, Section 7, Rule 58
719
Supra, Section 9, Rule 58
720
Supra, Section 8, Rule 58
179
where claimant vindicates his right by a
separate action.
RULE 59 – RECIEVERSHIP
721
Supra, Section 1, Rule 59
180
(a) an actual interest in it, and (b) that (a)
such property is in danger of being lost,
removed, or materially injured; or whenever
it appears to be the most convenient and
feasible means of preserving or
administering the property in litigation.722
722
Commodities Storage & Ice Plant Corp. versus Court of Appeals, 274 SCRA 439
723
Arranza versus B.F. Homes, Inc., 333 SCRA 799
724
Pacific Mechandising Corp., versus Consolacion Insurance & Surety Co., Inc., 73 SCRA 564
725
Supra, Section 6, Rule 59
181
2.Should there be refusal / neglect to deliver
property to a receiver – it is punishable by
contempt and shall be liable for the money
or value of the property, plus damages
sustained as a consequence of the refusal /
neglect.726
726
Supra, Section 7, Rule 59
727
Supra, Section 2, Rule 59
728
Supra, Section 3, Rule 59
729
Supra, Section 4, Rule 59
182
is the one excepted to or found insufficient,
the receiver shall be appointed or
reappointed as the case may be.730
WHEN TERMINATED
RULE 60 – REPLEVIN
WHAT IS REPLEVIN
HOW
730
Supra, Section 5, Rule 59
731
Supra, Section 8, Rule 59
732
Supra, Section 9, Rule 59
733
Supra, Section 1, Rule 60
183
Should there be a dispute, it is to be
resolved by the Court.
734
Supra, Sections 2 and 3, Rule 60
735
Supra, Section 4, Rule 60
736
Supra, Section 6, Rule 60
184
the bond may be enforced unless filed within
120 days from filing.
737
Supra, Section 7, Rule 61
738
Supra, Section 8, Rule 61
739
Supra, Sections 9 and 10, Rule 61
740
Supra, Section 1, Rule 61
185
filed successively by the offended party, her
parents, grandparents, guardian or the State
in the corresponding criminal case during its
pendency.741
PROCEDURE:
HOW ENFORCED
RESTITUTION
741
Supra, Section 6, Rule 61
742
Supra, Section 2, Rule 61
743
Supra, Section 3, Rule 61
744
Supra, Section 4, Rule 61
745
Supra, Section 5, Rule 61
186
actual payment without prejudice to the right
of the recipient to obtain reimbursement in a
separate action from the person legally
obliged to give support. Should the recipient
fail to reimburse, the person who provided
the same, may, in a separate action, seek
reimbursement thereof from the person
obliged to give support.746
RULE 62 - INTERPLEADER
WHEN PROPER
PROCEDURE:
746
Supra, Section 7, Rule 61
747
Supra, Section 1, Rule 62
748
Supra, Section 2, Rule 62
749
Supra, Section 3, Rule 62
750
Supra, Sections 4 and 5, Rule 62
187
lawful fees paid by a party who filed the
complaint, as well as costs / expenses of
litigation shall constitute a lien or charge
upon the subject matter, unless the court
orders otherwise.751
751
Supra, Sections 6 and 7, Rule 62
752
Supra, Section 1, Rule 63
753
Supra, Section 6, Rule 63
754
Supra, Section 3, Rule 63
188
3.If local government ordinance, the
corresponding attorney / prosecutor of the
Local Government Unit shall be similarly
notified and heard. If alleged to be
unconstitutional, the Solicitor General shall
be notified and heard.755
RULE 67 – EXPROPRIATION
755
Supra, Section 4, Rule 63
756
Supra, Section 5, Rule 63
757
Supra, Sections 1,2, and 3, Rule 64
758
Supra, Section 8, Rule 64
189
1.order of expropriation (Section 4, Rule 67)
and
2.order of just compensation (Section 8,
Rule 67).
WHAT IS EXPROPRIATION
HOW EXERCISED
759
Supra, Section 1, Rule 67
190
WHERE FILED
760
Supra, Section 2, Rule 67
761
Supra, Section 3, Rule 67
762
Supra, Section 4, Rule 67
763
Supra, Section 11, Rule 67
191
3. Just compensation is then
determined by no more than 3 court
appointed commissioners. If the Court
accepts their report, it will render judgment
based thereon. Such judgment is also
appealable.764
764
Supra, Sections 5,6,7, and 8, Rule 67
765
Supra, Section 9, Rule 67
766
Supra, Section 13, Rule 67
767
Supra, Section 10, Rule 67
768
Supra, Section 12, Rule 67
192
The complaint in foreclosure of a mortgage
or other encumbrance shall set forth:
(a)Date and due execution of the mortgage
(b) Its assignments, if any
(c)Names/residences of
mortgagor/mortgagee (d)Description of the
mortgaged property (e) Statement of the
date of the note or other documentary
evidence of the obligation secured by the
mortgage (f)Amount claimed to be unpaid
(g)Name/residences of persons having or
claiming an interest in the property
subordinate in right to that of the holder of
the mortgage, all of whom shall be made
defendants.769
DISTINGUISHING EQUITY OF
REDEMPTION FROM RIGHT OF
REDEMPTION
769
Supra, Section 1, Rule 68
770
Supra, Section 2, Rule 68
193
until, but not after, the registration of the
certificate of sale with the applicable register
of deeds which in no case shall be more
than three months after foreclosure,
whichever is earlier.771
771
Section 47, Philippine General Banking Law
772
Supra, Section 3, Rule 68
773
Supra, Section 7, Rule 68
194
still be a balance or residue after payment,
to the mortgagor.774
RULE 69 – PARTITION
OBJECT OF PARTITION
PROCEDURE
774
Supra, Section 4, Rule 68
775
Supra, Section 5, Rule 68
776
Supra, Section 6, Rule 68
777
Supra, Section 8, Rule 68
778
Supra, Section 1, Rule 69
779
Valmonte v Court of Appeals, 52 SCRA 92
195
1. If after trial, it finds for the plaintiff, it
will order partition. Thereupon, if they
AGREE, the parties may undertake the
partition among themselves by proper
instruments. The court shall thereupon
confirm the partition so agreed by the
parties. Such partition and order of
confirmation shall then be recorded in the
registry of deed of the place where the
property is situated.
780
Supra, Section 2, Rule 69
781
Supra, Section 3, Rule 69
782
Supra, Section 4, Rule 69
783
Supra, Section 5, Rule 69
784
Supra, Sections 6 and 7, Rule 69
196
3.If actual partition of the property is made,
judgment shall state definitely the metes and
bounds and adequate description of the
property, the particular portion allocated to
each party and its effect is to vest to each
party in the action in severalty the portion of
real estate assigned to him. If the whole
property is assigned to one after payment to
the others, judgment has the effect of
vesting in the party making payment the
whole of the real estate free from any
interest of the other parties. If the property is
sold and proceeds divided, judgment has
the effect of vesting the property or portion
sold in the purchaser free from any interest
of the parties to the action.785Judgment may
include recovery from the other of just share
of rents and profits received by the other
from the real estate in question 786 and costs
equitably apportioned among the parties.787
785
Supra, Section 11, Rule 69
786
Supra, Section 8, Rule 69
787
Supra, Section 10, Rule 69
197
RULE 70- FORCIBLE ENTRY,
ILLEGAL/UNLAWFUL DETAINER
788
Supra, Section 1, Rule 70
198
WHAT IS REQUIRED FOR THE ACTION
TO BE FILED
PROCEDURE TO BE FOLLOWED
789
Supra, Section 2, Rule 70
790
Lanuza v Munoz, 429 SCRA 562
791
Supra, Section 3, Rule 70
792
Supra, Section 4, Rule 70, Article II, Section 3 (a) and (b), Rules on Summary Procedure
793
Supra, Section 5, Rule 70, Article II, Section 4, Rules on Summary Procedure
199
serving a copy thereof to the plaintiff.
Affirmative or negative defenses not pleaded
are deemed waived, except lack of
jurisdiction over the subject matter.
Crossclaims or counterclaims not asserted
are barred. If the answer contains
crossclaims or counterclaims, answers
thereto are to be filed within 10 days from
service of the answer in which they are
pleaded.794
794
Supra, Section 6, Rule 70, Article II, Section 5, Rules on Summary Procedure
795
Supra, Section 7, Rule 70, Article II, Section 6, Rules on Summary Procedure
796
Supra, Section 8, Rule 70, Article II, Section 7, Rules on Summary Procedure
200
arrived at an amicable settlement, and if so,
the terms thereof (b)The stipulations or
admissions entered into by the parties (c)
Whether, on the basis of the pleadings and
the stipulations and admissions made by the
parties, judgment may be rendered without
the need of further proceedings, in which
event the judgment shall be rendered within
thirty (30) days from issuance of the order
(d) A clear specification of material facts
which remain controverted; and (e) Such
other matters intended to expedite the
disposition of the case.797
797
Supra, Section 9, Rule 70, Article II, Section 8, Rules on Summary Procedure
798
Supra, Section 10, Rule 70, Article II, Section 9, Rules on Summary Procedure
799
Supra, Section 14, Rule 70, Article II, Section 20, Rules on Summary Procedure
800
Supra, Section 12, Rule 70, Article IV, Section 18, Rules on Summary Procedure
801
Heirs of Olivas v Flor, 161 SCRA 393
201
(f) Memoranda;
(j) Reply;
(l) Interventions.802
802
Supra, Section 13, Rule 70, Article IV, Section 19, Rules on Summary Procedure
803
Supra, Section 15, Rule 70, Article II, Section 10, Rule on Summary Procedure
804
Supra, Section 20, Rule 70
805
Supra, Section 11, Rule 70, Article
202
resolved without deciding the issue of
ownership. It shall thus be resolved only to
determine possession and any judgment
shall be conclusive only on possession and
shall not be a bar to another action between
the parties respecting the title to the land or
building806
806
Supra, Sections 16 and 18, Rule 70
807
Supra, Section 17, Rule 70
808
Supra, Section 18, Rule 70
809
Supra, Section 8, Rule 70 and De Laureano v. Adil, 72 SCRA 146
810
Supra, Section 19, Rule 70
203
appellate court, the supersedeas bond may
be filed with the appellate court.811
811
Chua v Court of Appeals, 286 SCRA 437
812
Supra, Section 21, Rule 70
204
otherwise been deprived of personal liberty
calling for habeas corpus proceedings (3)
when action is coupled with a provisional
remedy (4) where action may otherwise be
barred by prescription (Section 412, PD
1508)
REVISED RULE ON
SUMMARY PROCEDURE
APPLICABILITY
813
Chavez v Court of Appeals, GR 159411, March 18, 2005
206
A. Civil Cases:
B. Criminal Cases:
814
A.M. 00-11-01-SC, April 15, 2003
207
Summary Procedure is a ground for
disciplinary action.
II
CIVIL CASES
SEC. 3. Pleadings. –
III
CRIMINAL CASES
COMMON PROVISIONS
(f) Memoranda;
(j) Reply;
(l) Interventions.
213
competence to testify to the matters stated
therein.
RULE 71 – CONTEMPT
WHAT IS CONTEMPT
KINDS OF CONTEMPT
815
Supra, Sections 1 and 2, Rule 71
816
Ang v Castro, 136 SCRA 453
215
issuing process to bring the respondent into
court, or from holding him in custody
pending such proceedings.817
817
Supra, Section 3, Rule 71
818
Supra, Section 4, Rule 71
819
Supra, Section 5, Rule 71
820
Supra, Section 7, Rule 71
821
Supra, Section 8, Rule 71
216
execution shall not be suspended without
the filing of a bond.822
OTHERS
822
Supra, Section 11, Rule 71
823
In Re, Mison, Jr, 33 SCRA 30
824
Supra, Sections 6 and 9, Rule 71
825
Supra, Section 10, Rule 71
826
Supra, Section 12, Rule 71
827
Yasay v Recto, 313 SCRA 739
217
79, 95-96; Amante vs. Sunga, et. al., L-
40491, May 28, 1975, 64 SCRA 192, 195)
218