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execution

*matter of right upon expiration


of appeal period.
*appeal is the remedy fr. Denial
of motion for execution
*could either be mandatory or
discretionary
*execution pending appeal
-filed w/ court w/c rendered deci-
sion prior to expiration of appeal
period, otherwise file with
appellate court.
-may be stayed upon posting of
sufficient supersedeas bond
by adverse party.
-certiorari lie against order gran-
ting execution pending appeal if
not founded upon good reasons.
Only judgment, final orders or
resolutions may be executed
except orders granting support
pendente lite, injunction,
receivership & accounting cases

Certiorari- correct an act performed


Prohibition-prevent commission of
or carrying out of an act.
Mandamus - compel preformance of
an act.
Rules on Summary Procedure- CIVIL PROCEDURE
Exclusive Jurisdiction: Metropolitan TC, Mun. CTC, Mun. TC, Mun. TCC

complaint summons answer Preliminary


Conference
*all cases of forcible entry & unlawful *issued after the court determines *w/in 10 days from service of *failure to answer the *not later than 30 days after
detainer & all other civil case except that the case falls under summary summons; serve copy to w/in the period provide last answer is filed
probate proceedings where claim does procedure & no ground for dismis- plaintiff; affirmative & negative court, motu proprio, or *failure of plaintiff to appear
not exceed P10,000. sal is found. defenses not pleaded shall be tion of plaintiff, shall r shall be a cause for the dis-
*only pleadings allowed are complaint, deemed waived; crossclaims judgment on the basis missal of his complaint & the
compulsory counterclaims & cross-claims & counterclaims not asserted facts alleged & limited defendant who appears shall
pleaded in the answer, & the answers thereto is barred. what is prayed for; the be entitled to judgment on his
*all pleadings shall be verified. *answer to counterclaims & may reduce the amt. Ofcounterclaim; all crossclaims
* certification to file action from bgy. Is a requirement crossclaims shall be filed w/in mages & attorney's feeshall be dismissed.
failure of which may led to dismisssal of case 10 days fr. Service of answer. claimed for being exce *failure of sole defendant to
or unconscionable. appear, the plaintiff shall be
entitled to judgment.

Pre-trial Submission of affida- Judgment Appeal


order vits & other evidence
*w/in 5 days after termination *w/in 10 days from receipt of *w/in 10 days after receipt of *appealable to appropriate
of preliminary conference, the the order; the last affidavits & position regional trial court;
court shall issue order: *affidavits of their witnesses papers, or the expiration of the *w/in 15 days after notice to
a. whether parties have arrived & other evidence on factual period for filing the same; the appellant of judgment;
at an amicable settlement; issues; *should there be a need to cla- *appeal is taken by filing a
b. stipulations & admissions *position papers setting forth rify certain material facts, require notice of appeal w/ the court
entered by parties; the law & facts relied upon. parties to submit affidavits & that rendered the judgment;
c. whether on the basis of the other evidences w/in 10 days *in cases of multiple or sepa-
foregoing, judgment may be Prohibited pleadings & motions: fr. Receipt of order; judgment rate appeals, a record on
rendered w/o need of further a) Motion to dismiss or to quash shall be rendered w/in 15 days appeal shall be required by
proceeding & judgment shall b) Motion for bill of particulars fr. Receipt of last clarificatory filing a notice of appeal & a
be rendered w/in 30 days fr. c) Motion for new trial, or reconsideration affidavits or the expiration of the record on appeal w/in 30 days
issuance of order; d) Petition for relief from judgment period for filing the same; after notice of judgment.
d. clear specification of facts e) Motion for extension of time to file *the Decision of the RTC in
w/c remain controverted; pleadings affidavits or any other papers h) Motion to declare defendant in default civil case governed by the
e. such other matters intended f) Memoranda i) Dilatory motions for postponement rules on summary procedure
to expedite disposition of case. g) Petition for certiorari, mandamus, or j) Reply including forcible entry & un-
prohibition against any interlocutory order k) Third party complaints lawful detainer shall be imme-
issued by the court l) Interventions diately executory.
DEFAULT REMEDIES - By: ATTY. JAPHET T. MASCULINO
complaint summons failure to file answer answer pre-trial
15 days fr. Service

motion to declare
defendant in default
with notice to defen-
ding party & proof
of failure of such

if granted if denied

court issues
order of
default
motion to set aside order * to be filed after notice
of default based on FAME of default but before
& meritorious defenses judgment

court to render or court may


judgment order recep-
based on the tion of evidence
complaint

judgment by
default
file motion for new -before judgment becomes
trial, Sec. 1(a), R37) final & executory

post judgment appeal judgment as -w/in 15 days fr. Notice of


remedies contrary to law or evi- judgment; where a record of
dence, Sec. 2, R41 appeal is rqd., w/in 30 days.

execution file petition for certiorari, -for grave abuse of discretion,


prohibition & mandamus in excess or lack of
under R65 jurisdiction w/in 60 days
fr. Notice of judgment

Petition for relief under after judgment becomes


Sec. 2, R38 final & executory w/in 60 days
fr. Knowledge or 6 months
fr. Entry of judgment.
Mun. TCC

Counter-affidavit

*w/in 10 days from receipt of


order of the court accompanied
by copies of all the affidavits
submitted by the complainant
*failure on the part of the defendant
to appear when required shall
cause the issuance of a warrant
for his arrest if probable cause
exists & after an exam. In writing
& under oath of the complainant
& his witnesses
*includes affidavits of his witnesses
A Pre-trial

*mandatory in all criminal case


*the court shall after arraignment
Rights of Accused: & w/in 30 days fr. Date the court
1. Presumed innocent until con- acquires jurisdiction over the
trary is proved. person of the accused.
2. To be informed of the nature *Purposes:
of accusation against him. -plea bargaining
3. To be present & defend in per- -stipulationof facts
son & by counsel. -marking for identification of
4. To testify as witness in his own evidence
behalf but subj. to cross-exam. -waiver of objections to admissi-
5. To be exempt fr. Being com- bility of evidence
pelled to be a witness against -modification of the order of trial
himself. -such matters as will promote
6. To confront & cross-examine fair & expeditious trial
witnesses against him.
7. Have speedy,impartial,public trial
8. To appeal in all cases allowed.
*all agreements or admissions
made or entered during the pre-
trial conference shall be reduced
in writing & signed by the accused
& counsel, otherwise they cannot
be used against the accused.
*proper sanctions for the non-
appearance of counsel for the
accused or the prosecutor.
*issuance of the pre-trial order
reciting actions taken w/c shall
be binding upon the parties.