Documente Academic
Documente Profesional
Documente Cultură
Course Outline
1. Introduction
1.1. Batas Pambansa 129 as amended
1.2. Courts and their jurisdiction
La Naval Drug Corp v CA 236 S 78
Counterclaims
Rule on permissive and compulsory counterclaims
Test to determine nature of counterclaim
When to file?
o San Pedro Cineplex v Heirs of Enano GR 190754 November
17, 2010
Bill of particulars, motion to dismiss interrupt period to file responsive
pleading
Compulsory counterclaim or cross-claim should be set up in responsive
pleading. However, it may be set up anytime thereafter (but before
judgment) if omitted through oversight, inadvertence or excusable
negligence
Remedies of party declared in default
o Otero v Tan 678 S 583
3.6. Filing and service of pleadings and judicial papers
Service of pleadings and court papers (other than judgments, final orders and
resolutions) may be done by substituted service if personal service and
service by mail not successful
Service of judgments, final orders and resolutions must be personal or by
registered mail only (or by publication where summons is served by
publication)
Service must be on counsel as service on party not permitted
Where final order or judgment not served on party or lawyer, said
judgment cannot become final or executory.
3.7. Summons
Rules on service is strictly construed, hence:
For actions in personam
against residents, service must be personal first then
substituted if unsuccessful or publication if whereabouts
unknown or temporarily outside the country
against non-residents, only personal service within the state
can confer jurisdiction over the defendant
For actions in rem or quasi in rem
against residents, same as above
against non-residents, personal service outside the country,
with leave of court, or publication with leave of court
For actions against domestic juridical persons, service only on those
enumerated in the statute is allowed
For actions against foreign juridical entity, service must be on
resident agent, government regulator, or any of officers, agents
within the country
Valmonte v CA 252 S 92
pendentia litis
res judicata
no cause of action
3.11.
Discovery
Compulsory process wherein litigants are forced, by court rules or orders,
to disgorge private information to adverse party
Purpose of discovery is to obtain knowledge of material facts within the
knowledge of the adverse party or of third parties; obtain admissions from
adverse parties and to inspect relevant documents, objects and property.
What are discoverable?
Limitations on discoverability
Modes of discovery
Deposition
function
when may be availed of
Pajarilla v CA 570 S 347 (2008)
de bene esse (pending action)
perpetuam rei memoriam (prior to action)
who do you depose
Interrogatories to parties
effect of failure to serve written interrogatories
Requests for admission
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3.13.
Trial
Order of trial
Reverse trial when complaint is admitted
Consolidation
Test is common questions of fact or of law
Demurrer to Evidence
Concept of demurrer
Effect of denial or grant of demurrer to evidence
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3.16.
3.17.
Summary Judgments
Distinguished from judgment on the pleadings
Judgments
Requirements
written and signed by judge
must contain findings of facts and law applied
must contain a dispositive portion
filed with the clerk of court
rendition reckoned from filing with clerk
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Libudan v Gil 45 S 17
3.20.
Execution of judgments
Only a final judgment that disposes of the action is subject to execution
Final judgment versus final and executory judgment
Test of a final judgment: Does it leave something for the court to do with
respect to the merits of the case?
Execution a matter of right when judgment final and executory, but only
upon motion
judgment becomes final by operation of law, i.e., when no appeal has
been taken within the period provided by law
enforcement of judgment (execution) is ministerial and mandatory once it
becomes final, subject to certain exceptions
execution before finality of judgment, only upon good reasons
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4. APPEALS
4.1. Nature of appeal as a remedy
guard against judgments of unskilled and unfair judges
prevention as much as correction of mistakes
not a right but a mere privilege, thus may be lost
Dacuital v LM Engineering Corporation 629 S 702
4.2. Who may appeal
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5. PROVISIONAL REMEDIES
5.1. Preliminary Attachment
Kinds of attachment
preliminary
garnishment
levy on execution
At what stage is preliminary attachment granted?
grounds for attachment exclusive
may be granted ex parte
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