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JUDGMENT ON THE PLEADINGS (Rule 34)
Where an answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party‘s pleading, the court may, on motion of that party, direct
judgment on such pleading.
The following actions CANNOT be the subject of a judgment on the pleadings:
1. Declaration of Nullity of Marriage
2. Annulment of Marriage
3. Legal Separation
In cases of unliquidated damages, or admission of the truth of allegation of
adverse party, the material facts alleged in the complaint shall always be proved.
SUMMARY JUDGMENT (Rule 35)
A summary judgment or accelerated judgment is a procedural technique to
promptly dispose of cases where the facts appear undisputed and certain from the
pleadings, depositions, admissions and affidavits on record, of for weeding out sham claims
or defenses at an early stage of the litigation to avoid the expense and loss of time involved
in a trial.
Moreover, said summary judgment must be premised on the absence of any other
triable genuine issues of fact. Otherwise, the movants cannot be allowed to obtain
immediate relief. A genuine issue is such issue of fact which requires presentation of evidence as
distinguished from a sham, fictitious, contrived or false claim.
The requisites are:
1. There must be no genuine issue as to any material fact, except for the amount of
damages; and
2. The party presenting the motion for summary judgment must be entitled to a
judgment as a matter of law.
Note: There is a genuine issue but CAN BE DISPROVED.
FOR THE CLAIMAINT
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain
a declaratory relief may, at any time after the pleading in answer thereto has been served,
move with supporting affidavits, depositions or admissions for a summary judgment in his
favor upon all or any part thereof (Sec. 1).
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FOR THE DEFENDANT
A party against whom a claim, counterclaim, or cross-claim is asserted or a
declaratory relief is sought may, at any time, move with supporting affidavits, depositions
or admissions for a summary judgment in his favor as to all or any part thereof (Sec. 2).
JUDGMENT ON THE PLEADINGS v. SUMMARY JUDGMENT
a. In the judgment on the pleadings, the answer does not tender an issue; in
summary judgment, there is an issue tendered in the answer, but it is not
genuine or real issue as may be shown by affidavits and depositions that there is
no real issue and that the party is entitled to judgment as a matter of right;
b. In judgment on the pleadings, the movants must give a 3-day notice of hearing;
while in summary judgment, the opposing party is given 10 days notice;
c. In judgment on the pleadings, the entire case may be terminated; while in
summary judgment, it may only be partial;
d. In judgment on the pleadings, only the plaintiff or the defendants as far as the
counterclaim, cross-claim or third-party complaint is concerned can file the same;
while in summary judgment, either the plaintiff or the defendant may file it.
Note: There must always be a FORMAL OFFER OF EVIDENCE
Evidence which is not formally offered, will NOT be considered as evidence
Object Evidence: After all witnesses have testified
Always make it known that you are reserving your right to object.
CONSOLIDATION/SEVERANCE (Rule 31)
Consolidation. When actions involving a common question of law OR facts are
pending before the court, it may order a joint hearing or trial of any or all the matters in
issue in the actions; it may order all the actions consolidated; and it may make such orders
concerning proceedings therein as may tend to avoid unnecessary costs or delay (Sec. 1).
Modes of consolidating cases:
a. By recasting the cases already instituted – reshaping of the case by amending the
pleading and dismissing some cases and retaining only one case. There must be
joinder of causes of action and of parties;
b. By consolidation proper or by consolidating the existing cases – it is a joint trial with a
joint decision, the cases retaining their original docket numbers; and
c. By test-case method – by hearing only the principal case and suspending the
hearing on the other cases until judgement has been rendered in the principal
case. The cases retain their original docket numbers.
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Severance (Separate) Trials. The court, in furtherance of convenience or to avoid
prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third party
complaint, or of any separate issue or of any number of claims, cross-claims, counterclaim,
third party complaints or issue (Sec. 2).
Note: Consolidation is NOT a remedy in case of forum shopping!
MEMORANDUM
 Generally: The presentation of the memorandum to the court is OPTIONAL
 Exception: When the court requires because it constitutes as a lawful order of the court
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WHEN TO FILE
 A motion for new trial should be filed within the period for taking an appeal.
Hence, it must be filed before the finality of the judgment.
 No motion for extension of time to file a motion for reconsideration shall be
allowed.
 The period for appeal is within 15 days after notice to the appellant of the
judgment or final order appealed from.
 Where a record on appeal is required, the appellant shall file a notice of appeal
and a record on appeal within 30 days from notice of the judgment or final order.
A record on appeal shall be required only in special proceedings and other cases of
multiple or separate appeals (Sec. 3, Rule 40).

EFFECT OF DENIAL OF THE MOTION

POST-TRIAL PLEADINGS AND MOTIONS
 If the motion is denied, the movants has a “fresh period" of fifteen days from
receipt or notice of the order denying or dismissing the motion for reconsideration
MOTION FOR RECONSIDERATION (Rule 37) within which to file a notice of appeal of the judgment or final order.
 Meaning, the defendant is given a “fresh period” of 15 days counted from the
GROUNDS: receipt of the order dismissing the motion for new trial or reconsideration.
 When the motion for new trial is denied on the ground of fraud, accident,
1. The damages awarded are excessive; mistake of fact or law, or excusable negligence, the aggrieved party can no longer
2. The evidence is insufficient to justify the decision or final order; avail of the remedy of petition for relief from judgment.
3. The decision or final order is contrary to law.
EFFECT OF GRANT OF THE MOTION
Note: 2nd MR is not allowed except in SC
 If a new trial be granted, the original judgment shall be vacated or set aside, and
the action shall stand for trial de novo; but the recorded evidence taken upon the
MOTION FOR NEW TRIAL (Rule 37 and 53)
former trial so far as the same is material and competent to establish the issues,
GROUNDS: shall be used at the new trial without retaking the same (Sec. 6).
 The filing of the motion for new trial or reconsideration interrupts the period to appeal
1. Fraud (extrinsic), accident, mistake (of fact and not of law) or excusable negligence (Sec. 2, Rule 40; Sec. 3, Rule 41).
(FAMEN) which ordinary prudence could not have guarded against and by  If the court grants the motion (e.g., it finds that excessive damages have been
reason of which such aggrieved party has probably been impaired in his rights; awarded or that the judgment or final order is contrary to the evidence or law), it
2. Newly discovered evidence (Berry Rule), which he could not, with reasonable may amend such judgment or final order accordingly. (Sec. 3). The amended
diligence, have discovered and produced at the trial, and which if presented would judgment is in the nature of a new judgment which supersedes the original
probably alter the result; and judgment. It is not a mere supplemental decision which does not supplant the
3. Award of excessive damages, or insufficiency of the evidence to justify the decision, original but only serves to add something to it.
or that the decision is against the law (Sec. 1, Rule 37).  If the court finds that a motion affects the issues of the case as to only a part, or
less than all of the matters in controversy, or only one, or less that all of the parties
to it, the order may grant a reconsideration as to such issues if severable without
interfering with the judgment or final order upon the rest (Sec. 7).

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REMEDY WHEN MOTION IS DENIED
 The party aggrieved should appeal the judgment. This is so because a second
motion for reconsideration is expressly prohibited.
 An order denying a motion for reconsideration or new trial is not
appealable, the remedy being an appeal from the judgment or final order
under Rule 38. The remedy from an order denying a motion for new trial is not
to appeal from the order of denial. Again, the order is not appealable. The
remedy is to appeal from the judgment or final order itself subject of the
motion for new trial (Sec. 9, Rule 37).
FRESH 15-DAY PERIOD RULE
 If the motion is denied, the movants has a fresh period of 15 days from receipt or
notice of the order denying or dismissing the motion for reconsideration within which
to file a notice to appeal.
 This new period becomes significant if either a motion for reconsideration or a
motion for new trial has been filed but was denied or dismissed.
 This fresh period rule applies only to Rule 41 governing appeals from the RTC but also to
Rule 40 governing appeals from MTC to RTC, Rule 42 on petitions for review from the
RTC to the CA, Rule 43 on appeal from quasi-judicial agencies to the CA, and Rule 45
governing appeals by certiorari to the SC.
 Accordingly, this rule was adopted to standardize the appeal periods provided in
the Rules to afford fair opportunity to review the case and, in the process,
minimize errors of judgment.
 Obviously, the new 15 day period may be availed of only if either motion is filed;
otherwise, the decision becomes final and executory after the lapse of the original
appeal period provided in Rule 41 (Neypes vs. CA., Sept. 14, 2005).
 The Neypes ruling shall not be applied where no motion for new trial or motion for
reconsideration has been filed in which case the 15-day period shall run from
notice of the judgment.
 The Neypes Doctrine applies to both civil and criminal cases
 The fresh period rule does not refer to the period within which to appeal from the
order denying the motion for new trial because the order is not appealable under
Sec. 9, Rule 37. The non-appealability of the order of denial is also confirmed by
Sec. 1(a), Rule 41, which provides that no appeal may be taken from an order
denying a motion for new trial or a motion for reconsideration.
 The SC ruled in one case that this “fresh period of appeal” is also applicable in
criminal cases (Judith Yu vs. Judge Samson, Feb. 9, 2011)
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RELIEFS FROM JUDGMENTS (Rule 38)
A petition for relief from judgment is an equitable remedy that is allowed only in
exceptional cases when there is no other available or adequate remedy.
A remedy where a party seek to set aside a judgment rendered against him by a
court whenever he was unjustly deprived of a hearing or was prevented from taking an
appeal because of fraud, accident, mistake or excusable negligence.
Under Sec. 5, Rule 38, the court may grant preliminary injunction to preserve the
rights of the parties upon the filing of a bond in favor of the adverse party. The bond is
conditioned upon the payment to the adverse party of all damages and costs that may be
awarded to such adverse party by reason of the issuance of the injunction (Sec. 5)
GROUNDS
When a judgment or final order is entered, or any other proceeding is thereafter
taken against a party in any court through (a) fraud, (b) accident, (c) mistake, or (c)
excusable negligence (FAMEN), he may file a petition in such court and in the same case
praying that the judgment, order or proceeding be set aside (Sec. 1, Rule 38).
When the petitioner has been prevented from taking an appeal by fraud,
mistake, or excusable negligence (Sec. 2).
WHEN TO FILE
A petition for relief from judgment, order or other proceedings must be verified, filed:
1. within 60 days after the petitioner learns of the judgment, final order, or other
proceeding to be set aside, AND
2. not more than six (6) months after such judgment or final order was entered, or
such proceeding was taken.
 These two periods must concur. Both periods are not extendible and
are never interrupted.
CONTENTS OF PETITION
The petition must be VERIFIED and must be accompanied with affidavits
showing fraud, accident, mistake or excusable negligence relied upon and it must have an
AFFIDAVIT OF MERIT showing the facts constituting the petitioner’s good and
substantial cause of action or defense, as the case may be.
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MODES OF APPEAL
APPEALS (Rule 40-55)
 ORDINARY APPEAL
 The appeal to the CA in cases decided by the RTC in the exercise of its original
The right to appeal is not part of due process but a mere statutory privilege that jurisdiction shall be taken by filing a notice of appeal with the court which rendered
has to be exercised only in the manner and in accordance with the provisions of law the judgment or final order appealed from and serving a copy thereof upon the
adverse party.
The general rule is that the remedy to obtain reversal or modification of judgment
 No record on appeal shall be required except in special proceedings and other
on the merits is appeal. This is true even if the error, or one of the errors, ascribed to the
cases of multiple or separate appeals where the law or the Rules so require. In
court rendering the judgment is its lack of jurisdiction over the subject matter, or the
such cases, the record on appeal shall be filed and served in like manner.
exercise of power in excess thereof, or grave abuse of discretion in the findings of facts or of
 PETITION FOR REVIEW
law set out in the decision.
 The appeal to the CA in cases decided by the RTC in the exercise of its appellate
 Considerations: jurisdiction shall be by petition for review in accordance with Rule 42.
 From what court to which court  PETITION FOR REVIEW ON CERTIORARI
 Jurisdiction (determine if original or appellate)  In all cases where only questions of law are raised or involved, the appeal shall
 Determine if pure questions of law or mixed questions of law be to the SC by petition for review on certiorari in accordance with Rule 45.
and facts.
 Determine parties involved. (i.e Criminal cases, committed by ISSUES TO BE RAISED ON APPEAL
public officers) Whether or not the appellant has filed a motion for new trial in the court below,
he may include in his assignment or errors any question of law or fact that has been raised in
Certain rules on appeal: the court below and which is within the issues framed by the parties (Sec. 15, Rule 44).
In an Ordinary Appeal, the appeal raises the questions of fact or mixed questions of
 No trial de novo anymore. The appellate courts must decide the case on the basis
fact and law.
of the record, except when the proceedings were not duly recorded as when there
In Petition for Review, the appeal raises questions of fact, of law or mixed questions
was absence of a qualified stenographer.
of fact and law.
 There can be no new parties.
In a Petition for Review on Certiorari, the appeal raises purely questions of law.
 There can be no change of theory (Naval vs. CA, 483 SCRA 102).
 There can be no new matters.
 There can be amendments of pleadings to conform to the evidence submitted
before the trial court.
 The liability of solidarity defendant who did not appeal is not affected by appeal of
solidarity debtor.
 Appeal by guarantor does not inure to the principal.
 In ejectment cases, the RTC cannot award to the appellant on his counterclaim
more than the amount of damages beyond the jurisdiction of the MTC.
 The appellate court cannot dismiss the appealed case for failure to prosecute
because the case must be decided on the basis of the record.

Note: An appeal may be taken only from judgments or final orders that completely dispose
of the case (Sec. 1, Rule 41). An interlocutory order is not appealable until after the
rendition of the judgment on the merits.

 If you commit an error in the mode of appeal it will NOT toll the
running of the prescriptive period.

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EXECUTION (Rule 39)
Execution is a MATTER OF RIGHT upon the expiration of the period to appeal
and no appeal was perfected from a judgment or order that disposes of the action or
proceeding. Once a judgment becomes final and executory, the prevailing party can have
it executed as a matter of right, and the issuance of a writ of execution becomes the
ministerial duty of the court compellable by mandamus except in certain cases, as when
subsequent events would render execution of judgment unjust. (Sec.1)
Judgments and orders become final and executor by operation of law and not by
judicial declaration. The trial court need not even pronounce the finality of the order as the
same becomes final by operation of law. Its finality becomes a fact when the reglementary
period for appeal lapses, and no appeal is perfected within such period.
 Issuance of the writ is ministerial
 Granting of the writ is judicial
Execution is a matter or right, EXCEPT in the following cases:
 Where judgment turns out to be incomplete or conditional;
 Judgment is novated by the parties;
 Equitable grounds (i.e., change in the situation of the parties—supervening fact
doctrine)
 Execution is enjoined (i.e., petition for relief from judgment or annulment of
judgment with TRO or writ of preliminary injunction);
 Judgment has become dormant; or
 Execution is unjust or impossible.
Execution as a MATTER OF DISCRETION constitutes an exception to the
general rule that a judgment cannot be executed before the lapse of the period for appeal or
during the pendency of an appeal.
Under Sec. 1, Rule 39, execution shall issue only as a matter of right upon a
judgment or final order that finally disposes of the action or proceeding upon the execution
of the period to appeal therefrom if no appeal has been duly perfected.
A discretionary execution is called “discretionary” precisely because it is not a
matter of right. The execution of a judgment under this concept is addressed to the
discretionary power of the court and cannot be insisted upon but simply prayed and hoped
for because a discretionary execution is not a matter of right.
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Requisites for discretionary execution:
 There must be a motion filed by the prevailing party with notice to the adverse
party;
 There must be a hearing of the motion for discretionary execution;
 There must be good reasons to justify the discretionary execution; and
 The good reasons must be stated in a special order (Sec. 2, Rule 39).
HOW A JUDGMENT IS EXCUTED
Judgments in actions for injunction, receivership, accounting and support, and
such other judgments as are now or may hereafter be declared to be immediately executory,
shall be enforceable after their rendition and shall not be stayed by an appeal taken
therefrom, unless otherwise ordered by the trial court. (Sec. 4)
On appeal, the appellate court in its discretion may make an order suspending,
modifying, restoring or granting the injunction, receivership, accounting, or award of support.
The stay of execution shall be upon such terms as to bond or otherwise as may be considered
proper for the security or protection of the rights of the adverse party.
Judgments that may be altered or modified after becoming final and executory:
 Facts and circumstances transpire which render its execution impossible or unjust;
 Support;
 Interlocutory judgment.
EXECUTION BY MOTION OR BY INDEPENDENT ACTION
 Once revived, then you can file a motion for execution
 Execution by MOTION may be had if the enforcement of the judgment is sought
within 5 years from the date of its entry.
 Execution by INDEPENDENT ACTION is when the 5 year period has lapsed from
the entry of judgment and before it is barred by the statute of limitations. This action
to revive the judgment must be filed within 10 years from the date the judgment became
final.
Note: There is no motion for execution of a criminal case.
DIFFERENCE BETWEEN FINALITY OF JUDGMENT FOR PURPOSE OF APPEAL; FOR
PURPOSES OF EXECUTION
For purposes of appeal, an order is final if it disposes of the action as opposed to
an interlocutory order which leaves something to be done in the trial court with respect to the
merits of the case.
For purposes of execution, an order is final or executory after the lapse of the
reglementary period to appeal and no such appeal has been perfected.
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CRIMINAL ACTIONS (Rule 110)
Criminal action is one by which the State prosecutes a person for an act or omission
punishable by law (Sec. 3[b], Rule 1). The purpose is primarily punishment.
HOW INSTITUTED
1. For offenses where a preliminary investigation is required pursuant to section 1 of
Rule 112, by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
2. For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with
the office of the prosecutor.
3. In Manila and other chartered cities, the complaint shall be filed with the office of
the prosecutor, unless otherwise provided in their charters.
 The institution of the criminal action shall interrupt the period of prescription of
the offense charged unless otherwise provided in special laws.
 Preliminary investigation is required for offenses punishable by at least 4
years, 2 months, and 1 day, unless the accused was lawfully arrested without a
warrant, in which case, an inquest must have been conducted.\
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CAUSE OF THE ACCUSATION
The acts or omissions complained of as constituting the offense and the
qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to
enable a person of common understanding to know what offense is being charged as well as
its qualifying and aggravating circumstances and for the court to pronounce judgment.
JUDGMENT
Judgment means the adjudication by the court that the accused is guilty or is not
guilty of the offense charged, and the imposition of the proper penalty and civil liability
provided for by law on the accused.
Memorandum decision is one in which the appellate court may adopt by
reference, the findings of facts and conclusions of law contained in the decision appealed
from.
REQUISITES:
It must be written in the official language, personally and directly prepared by
the judge and signed by him and shall contain clearly and distinctly a statement of the facts
and the law upon which it is based.

WHO MAY FILE

 Offended party
SPECIAL PROCEEDINGS (Rule 72-109)
 Any peace officer; or
Special Proceedings is an application or proceeding to establish the status or right of a
 Other public officer charged with the enforcement of the law violated.
party, or a particular fact, generally commenced by application, petition or special form of
pleading as may be provided for by the particular rule or law.
All criminal actions commenced by complaint or information shall be
prosecuted under the direction and control of the prosecutor.  Change of Name
 Adoption
In the Municipal Trial Courts or Municipal Circuit Trial Courts when the  Trustees
prosecutor assigned thereto or to the case is not available, the offended party, any peace  Constitution of Family Home
officer, or public officer charged with the enforcement of the law violated may prosecute the  Hospitalization of Insane Persons
case. This authority shall cease upon actual intervention of the prosecutor or upon elevation  Absence and Death,
of the case to the Regional Trial Court.  Declaration of Guardianship and Custody of Children
 Escheat
VENUE  Voluntary) Dissolution of Corporation
 Settlement of Estate of Deceased Persons
GENERAL RULE:  Habeas Corpus
 The criminal action shall be instituted and tried in the court of the municipality  (Judicial) Approval of Voluntary Recognition of Minor Natural Children
or territory where the offense was committed or where any of its essential  Rescission and Revocation of Adoption
ingredients occurred.  Cancellation or Correction of Entries in the Civil Registry
Note: Venue is waivable. If instituted in two courts, the court in which the proceeding
was first filed has exclusive jurisdiction to resolve the issue.

Kindly take note of this already, but concentrate on Rule 103 and Rule 108. 
JURISDICTIONAL FACTS MUST ALWAYS BE ALLEGED.

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First pleading that may be encountered is an opposition to the petition. (i.e heirs,
creditors.
The opposition can raise ANYTHING as an allegation. After such, may
encounter an intervention (Proposed intervenor that has interest over the property)
In Adoption cases, the State is represented by the Office of the Solicitor General
delegated to the Prosecutor.
In Annulment cases, there is NO APPEAL, when there is NO MOTION FOR
RECONSIDERATION.
In Petition for Correction of Entries, (Rule 108) it is material that there is an entry
of the appearance of the Solicitor General. (If there is failure to enter the
appearance the case will NOT proceed)
 Exception: (Judge Rasing’s Point of View)
 Can be dispensed with provided that the notification is given
to the Solicitor General.
SPECIAL CIVIL ACTIONS
NATURE
Special civil actions are basically ordinary civil proceedings; what makes them special are
the distinct peculiarities inherent in their very nature not found in ordinary civil actions.
They are actions in themselves, but possessing special matters that required special
procedures. For this reason, these proceedings are classified as special civil actions.
Sec. 1, Rule 62 provides that rules provided for ordinary civil actions are applicable
in special civil proceedings, which are not inconsistent with or may serve to supplement the
provisions of the rules relating to such special civil actions.
ORDINARY CIVIL ACTIONS VERSUS SPECIAL CIVIL ACTIONS
Although both types of actions are governed by the rules for ordinary civil actions,
there are certain rules that are applicable only to specific special civil actions. The fact that
an action is subject to special rules other than those applicable to ordinary civil actions is
what makes a civil action special.
An ordinary civil action must be based on a CAUSE OF ACTION. This means that the
defendant must have performed an act or omitted to do an act in violation of the rights of
another. These definitions do not fit the requirements of a cause of action in certain special
civil actions.
 The cause of action as defined and required of an ordinary civil action
finds no application to the special civil action of declaratory relief. It
finds no application also in a complaint for interpleader. In this action,
the plaintiff may file a complaint even if he has sustained no actual
transgression of his rights. In fact, he actually has no interest in the
subject matter of the action. This is not so in an ordinary civil action.
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The VENUE in ordinary civil actions is determined by either the residence of the parties where
the action is personal or by the location of the property where the action is real. This does not
always apply to a special civil action.
While ordinary civil actions when filed are denominated as ―complaints, some special
civil actions are not denominated as such but ―petitions.
 Special civil actions initiated by filing of a Petition:
 Declaratory relief other than similar remedies;
 Review of adjudication of the COMELEC and COA;
 Certiorari, prohibition and mandamus;
 Quo warranto; and
 Contempt
 Special civil actions initiated by filing of a Complaint:
 Interpleader;
 Expropriation;
 Foreclosure of real estate mortgage;
 Partition; and
 Forcible entry and unlawful detainer
Kindly take note of this already, refer to notes on Remedial Law. 
LAND REGISTRATION
PURPOSES
 To quiet title to land and to stop forever any question as to the legality of said title.
 To provide a means of publication
TORRENS SYSTEM
 A system for registration of land under which, upon the landowner’s application,
the court may, after appropriate proceedings, direct the issuance of a certificate of
title.
Purposes:
 To avoid possible conflicts of title regarding real property,
 To facilitate transactions relative thereto by giving the public the right to
rely upon the face of the Torrens certificate of title and to dispense with
the need of inquiring further EXCEPT when the party concerned has
actual knowledge of facts and circumstances that should imply a
reasonably cautious man to make such further inquiry.
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NOTE: LAND REGISTRATION CASES ARE SUMMARY IN NATURE.
 Registration was never intended as a means of acquiring ownership. (Republic vs. Thus, full trial on the merits is NOT applied. After hearing or the lapse
CA, 131 SCRA 539) of the period to object, then it must already be decided on the merits.
 Registration is not equivalent to title. Under the Torrens system, registration
only gives validity to the transfer or creates a lien upon the land. It was not
established as a means of acquiring title to the private land because it merely
confirms, but does not confer, ownership (Lu vs Manipon, 381 SCRA 788)

 First, establish your JURISDICTIONAL REQUIREMENTS

 PROOF OF COMPLIANCE
 Petition should be constituted as “Exhibit A”
 Notice of Hearing (Court Order)
 Notice of Posting/Certificate of Posting issued by the Court
 Certified Copy of the Title secured from the Register of Deeds

MAKE A FOLLOW UP! – to the the Clerk of Court 

 In a petition for issuance of a duplicate copy no need for the entry of appearance
of the Solicitor General.
 Second, It must be requested to the Court that the Petition be announced to the
public.
 If no objection, then manifest that there be an order of general default.
 Third Judicial Affidavit applies in this case, if there is ample time then allowed to
present witnesses.
 Fourth, Offer of Exhibits
 Take into consideration the following:
 Cause of Action
 Purpose of the Offer of Evidence
 Then after, rest your case.

CANCELLATION OF ADVERSE CLAIM

 Verified Petition
 Court will issue an order
 There is a respondent which is the Adverse Claimant
 State the purpose and why is it an adverse claim
 State why the adverse claim is not registrable of invalid.
 Mode of Notice to Adverse Party
 The law did not classify as to what mode of notice must be issued to the
adverse party, however by way of practice the minimum notice that
would satisfy due process is sufficient.
 If the notice cannot be effected, posting will do.

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