Documente Academic
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College of Law
OUTLINE∗
REMEDIAL LAW REVIEW
st
1 Semester SY 2018-2019
Atty. Ramon S. Esguerra
Rule 1
General Provisions
(Sections 1 to 6)
Jurisdiction
1. Generally
a. subject matter
b. res or property
c. issues
d. parties
2. Estoppel to deny jurisdiction
Heirs of Bertuldo Hinog vs. Melicor, G.R.No. 140954, April 12, 2005, 455
SCRA 460
3. Jurisdiction at time of filing of action
Cang vs. Court of Appeals, G.R. No. 105308, September 25, 1998, 296 SCRA 128
Special Courts
Sandiganbayan
PD 1616, as am. by RA 7975 and RA 8249
Court of Tax Appeals
RA 9242
Kinds of action
1. As to cause or foundation
a. personal
b. real
*distinction important in determining venue
2. As to object
a. in rem
b. in personam
c. quasi in rem
*distinction important in service of summons
Commencement of action
1. Condition precedent
Katarungang Pambarangay
Katarungang Pambarangay Law (As provided in Secs. 399-422, Ch. 7, Title One,
Book III, RA 7160)
Lumbuan vs. Ronqullo, G.R. No. 155713, May 5, 2006
a. Not jurisdictional but ground for dismissal under Rule 16, Sec. 1(j)
b. When parties may go directly to court without need of prior barangay conciliation
(Sec.412, Local Government Code, RA 7160)
c. Requirement does not apply to any complaint by or against corporations, partnerships
or juridical entities (Sec, 1, Rule VI, Katarungang Pambarangay Rules)
Rule 2
Cause of Action
(Rules 1 to 6)
Rule 3
Parties to Civil Actions
(Sections 1 to 22)
Defendants
1. Unwilling co-plaintiff (Sec. 10)
2. Alternative defendant (Sec. 13)
3. Unknown defendant (Sec. 14; Rule 14, Sec. 14)
4. Entity without juridical personality as defendant (Sec. 15; Rule 14, Sec. 8)
Rule 4
Venue of Actions
(Sections 1 to 4)
Venue defined
Distinguished from jurisdiction
Venue of real actions (Sec. 1)
Venue of personal actions (Sec. 2)
Venue of actions against non-residents (Sec. 3)
Quasi in rem (action affects personal status
of plaintiff ) -- residence of plaintiff
In rem (action affects property of defendant
in Phils.) -- location of property
------
When rule not applicable (Sec. 4)
1. Where a specific rule or law provides
otherwise
Diaz vs. Adiong, 219 SCRA 631 (1993)
2. Where parties have validly agreed in writing before filing of the action on
exclusive venue thereof
Legaspi vs. Republic, G.R. No. 160653, July 23, 2008
Pleadings
(Substantial Requirements)
In general
Defined (Rule 6, Sec. 1)
Distinguished from motion (Rule 15, Sec. 1)
What allowed (Rule 6, Sec. 2)
Parts of a pleading (Rule 7, Secs. 1-5)
How allegations made
In general (Rule 8, Sec. 1)
Capacity (Rule 8, Sec. 4)
Alternative claims and defenses (Rule 8, Sec. 2)
Conditions precedent (Rule 8, Sec. 3)
Fraud and mistake, condition of mind (Rule 8, Sec.
5)
Judgments (Rule 8, Sec. 6)
Official documents (Rule 8, Sec. 9)
Need to bring in new parties (Rule 6, Sec. 12)
Complaint
5
Answer
Defined and in general (Rule 6, Sec. 4)
Types of defenses
Negative (Rule 6, Sec. 5(a))
How alleged, generally (Rule 8, Sec. 10)
Capacity of parties (Rule 8, Sec. 4)
Genuiness of documents (Rule 8, Sec. 8)
Memita vs Masongsong, G.R. No. 150912, May 28, 2007
Negative pregnant
Philippine American General Insurance Co., Inc. vs. Sweet Lines, 212
SCRA 194 (1993)
Affirmative (Rule 6, Sec. 5(b))
Implied admissions (Rule 9, Sec. 1)
Counterclaims
Defined and in general (Rule 6, Sec. 6)
How raised
Included in answer (Rule 6, Sec. 9; Rule 11, Sec. 8)
After answer (Rule 6, Sec. 9; Rule 11, Sec. 9)
Kinds of counterclaims
Compulsory (Rule 6, Sec. 7; Rule 9, Sec.
Permissive
Korea Exchange Bank vs. Gonzales, 456 SCRA 224
(2005)
Remedy for omitted counterclaim due to oversight, inadvertence, excusable neglect (Rule
11, Sec. 10)
Answer to counterclaim
In general (Rule 6, Sec. 4)
Period to plead (Rule 11, Sec. 4)
6
(Formal Requirements)
Filing and Service of Pleadings,
Motions and Orders
Amendments
Kinds
Formal amendments (Rule 10, Sec. 4)
Godinez vs. Court of Appeals, G.R. No. 154330, February 15, 2007
Substantial amendments
Matter of right (Rule 10, Sec. 2)
Alpine Lending Investors vs. Corpuz, G.R. No. 157107, November 24, 2006
Bill of Particulars/Intervention
Rule 14
Summons
(Sections 1 to 20)
Modes of service
personal (Sec. 6)
substituted (Sec. 7)
Presumption of regularity in the performance of official functions does not apply Pascual vs.
Pascual, G.R. No. 171916, December 4, 2009
Exception - The absence in the sheriff’s return of a statement about the impossibility of
personal service does not conclusively prove that the service is invalid (liberal rule)
Mapa vs. CA, 214 SCRA 417 (1993)
Rule 15
Motions
(Sections 1 to 10)
In general (Sec. 1)
Form (Sec. 2)
Generally (Sec. 10)
May be oral (Sec. 2)
Motion for leave (Sec. 9)
Prohibited motion
Contents (Sec. 3)
Omnibus motion rule (Sec. 8)
Exceptions (Rule 9, Sec. 1)
Notice of hearing (Secs. 4, 5)
General rule: without compliance – scrap of paper
Sps. Rustia vs. Rivera, G.R. No. 156903, November 24, 2006
Rule 16
Motion to Dismiss
(Sections 1 to 6)
Grounds (Sec. 1)
Lack of jurisdiction
Boticano vs. Chu, 148 SCRA 541 (1987)
Res judicata
Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007
Failure to state a cause of action
Heirs of Antonio Santos vs. Heirs of Crispulo Beramo, G.R. No. 151454 August 8, 2010
Halimao vs. Villanueva, 253 SCRA 1 (1996)
Tan vs. CA, 295 SCRA 247 (1998)
Statute of frauds
Asia Production Co., Inc. vs. Pano, 205 SCRA 458
(1992)
Condition precedent
Sunville Timber Products, Inc. vs. Abad, 206 SCRA 482
(1992)
Who files
How pleaded
Period (Sec. 1)
As affirmative defense (Sec. 6)
- counterclaim which may be prosecuted in same or separate action refers to permissive
counterclaim
Hearing and resolution (Secs. 2, 3)
The resolution of the motion to dismiss shall state clearly and distinctly the reasons therefor.
(Sec. 3)
Luistro vs. Court of Appeals, G.R. No. 158819, April 16, 2009
Rule 17
Dismissal of Actions
(Sections 1 to 4)
Effect on counterclaim
Pinga vs. Santiago, G.R. No. 170354, June 30, 2006
Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No. 172242, August 14,
2007
Remedy of plaintiff
Ko vs. PNB, 479 SCRA 298, January 28, 2006
Dismissal of counterclaims (Sec. 4)
Default
Rule 9, Sec. 3
Order of default
When some answer and others default (Sec. 3 (c))
Extent of relief to be awarded (Sec. 3 (d))
Where not allowed (Sec. 3 (e))
Procedure after order of default (Sec. 3, first par.)
- render judgment
- hearing ex parte
Remedy from order of default
Motion to set aside (Sec. 3(b))
Ramnani vs. CA, 221 SCRA 582 (1993)
Remedies from judgment by default
Before finality
Motion for reconsideration or new trial (Rule 37)
11
Rule 18
Pre-Trial
(Sections 1 to 7)
Procedure
Duty to set (Sec. 1)
Effect of A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial Court Judges and
Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures), which
took effect on August 16, 2004
Notice (Sec. 3)
Pre-trial brief required (Sec. 6)
Effect of failure to file
Record or order of pre-trial (Sec. 7)
Rule 20
Calendar of Cases
(Sections 1 and 2)
Calendar (Sec. 1)
Preferences (Sec. 1)
Assignment of cases (Sec. 2)
Rule 22
Computation of Time
(Sections 1 and 2)
Rule 30
Trial
(Sections 1 to 9)
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Subpoena, Rule 21
Conduct
Order of trial (Sec. 5)
Agreed statement of facts (Sec. 6; Rule 18, Secs. 2(d), 7)
Statement of judge (Sec. 7)
Suspension of actions (Sec. 8)
Arts. 2030 & 2035, Civil Code
Duty of judge to receive evidence and power to delegate
to clerk of court (Sec. 9)
Trial by commissioner, Rule 32, Secs. 1 to 3 only
Lack of cause of action may be cured by evidence presented during the trial and amendments to
conform to the evidence.
Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005
Rule 33
Demurrer to Evidence
(Section 1)
Rule 34
Judgment on the Pleadings
(Section 1)
Rule 35
Summary Judgments
(Sections 1 to 6)
Rule 36
Judgments, Final Orders and Entry
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Amendment of judgment
Before it becomes final and executory
Eternal Gardens Memorial vs. IAC, 165 SCRA 439
(1988)
After it becomes final and executory
Nunal vs. CA, 221 SCRA 26 (1993)
Industrial Timber Corp. vs. NLRC, 233 SCRA 597
(1994)
Supplemental judgment
Esquivel vs. Alegre, 172 SCRA 315 (1989)
Judgments nunc pro tunc
Cardoza vs. Singson, 181 SCRA 45 (1990)
Law of the case
Bar by former judgment and conclusiveness of judgment
distinguished
Del Rosario vs Far East Bank and Trust Company, G.R. No 150134, October 31, 2007
14
Periods (Sec. 1)
For filing
Effect of motion for extension of time to file
See also Rule 41, Sec. 3, par. 2; Rule 40,
Sec. 2., par. 2
Contents
In general (Sec. 2). See also Rule 15, Sec. 3
Motion for new trial (Sec. 2, par. 2)
Motion for reconsideration (Sec. 2, par. 3)
Pro forma motion and its effects (Sec. 2, par. 4)
Marina Properties Corp. vs. CA, 294 SCRA 273 (1998)
Republic International Communications Corporation (ICC), G.R. No. 141667, July 17,
2006
Action by court
Options in general (Sec. 3)
15
Ordinary Appeal
Rule 40
MTC to RTC
(Sections 1 to 9)
Rule 41
RTC to CA
(Sections 1 to 13)
Denial of motion for reconsideration of order dismissing a complaint not an interlocutory order
Silverio, Jr. vs. CA, G.R. No. 178933, September 16, 2009
IAPOA
Rule 42
RTC to CA
(Sections 1 to 8)
Appeal from RTC decision rendered in the exercise of its appellate jurisdiction
Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August 16, 2005
st
Perfection of appeal (Sec. 8, 1 par.
nd
Loss of jurisdiction (Sec. 8, 2 par.)
rd
Residual powers (Sec. 8, 3 par.)
IAPOA
th
Effect of appeal (Sec. 8, 4 par.)
General rule: shall STAY judgment or final order
Exceptions:
a. civil cases decided under the Rule on Summary Procedure
b. when CA, law or Rules of Court provide otherwise
Rule 43
Quasi-Judicial Agencies to CA
(Sections 1 to 13)
Scope (Sec.1)
Fabian vs. Desierto, 295 SCRA 440 (1998)
Ombudsman criminal cases – Supreme Court via
Rule 65
Lanting vs. Ombudsman, 458 SCRA 93
Cases not covered (Sec. 2)
St. Martin Funeral Home vs. NLRC, 295 SCRA
494 (1998)
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Rule 45
(Sections 1 to 9)
Questions of law and questions of fact distinguished; if no questions of fact, Rule 45 petition.
China Road and Bridge Corp. vs. CA, 348 SCRA 401 (2000)
or Other Proceedings
Rule 38
(Sections 1 to 7)
The phrase “any court” refers only to Municipal/Metropolitan and Regional Trial Courts.
Purcon, Jr. vs. MRM Philippines, Inc.,G.R. No. 182718, September 26, 2008
Grounds
Requires final judgment or loss of appeal
Only available against a final and executory judgment
Valencia vs. CA, 352 SCRA 72 (2001)
Contents
Affidavit of merit (Sec. 3)
When motion for reconsideration considered as petition
for relief
Action of court before answer
Power to deny (Sec. 4)
Preliminary injunction pending proceedinsg (Sec. 5)
Order to file answer (Sec. 4)
Procedure
Availability of preliminary injunction (Sec. 5)
Proceedings after answer is filed (Sec. 6)
Where denial of appeal is set aside (Sec. 7)
Action of court after giving due course
Grant of petition for relief (Sec. 7)
Denial of petition for relief (Rule 41, Sec. 1 (b))
Remedies after petition for relief expires
Reopening not allowed
Alvendia vs. IAC, 181 SCRA 282
Annulment of Judgment
Rule 47
(Sections 1 to 10)
Grounds (Sec. 2)
Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)
(1989)
Action by the court (Sec. 5)
Procedure (Sec. 6)
Effect of judgment (Sec. 7)
Suspension of prescriptive period (Sec. 8)
Certiorari
Rule 65
Distinction between certiorari under Rule 45 as a mode of appeal and certiorari under Rule 65
as a special civil action
Banco Filipino Savings and Mortgage Bank vs. CA, 334 SCRA 305 (2000)
Discovery
20
Rule 39
Execution
(Secs. 1 to 48)
Bonds in execution
1. Bond filed by judgment debtor to stay execution pending
appeal – supersedeas bond (Sec. 3)
2. Bond of judgment obligor to enable sheriff to continue
holding levied property after affidavit of third party claim
filed with him (Sec. 16)
Provisional Remedies
Rule 57
Preliminary Attachment
(Secs. 1-20)
Nature of attachment
Davao Light & Power Co., Inc. vs. CA, 204 SCRA 343
(1991)
Olib vs. Pastoral, 188 SCRA 692 (1990)
Writ may issue ex parte; prior or contemporaneous sevice of summons required for enforcement
(Sec. 5)
Davao Light & Power Co., Inc. vs. CA, supra
Belated service of summons not allowed
Torres vs. Satsatin, G.R. No. 166759, November 25, 2009
Discharge of attachment
1. Upon giving counterbond (Sec. 12)
2. On other grounds (Sec. 13)
3. Judgment rendered against attaching party – dismissal
of principal action (Sec. 19)
Rule 58
Preliminary Injunction
(Secs. 1 to 9)
Hernandez vs. National Power Corporation, G.R. No. 145328, March 23, 2006
Verified application and bond (Sec. 4)
Rule 59
Receivership
(Sections 1 to 9)
Receiver defined
Normandy vs. Duque, 29 SCRA 385 (1969)
Nature
Chiao Liong Tan vs. CA, 228 SCRA 75 (1993)
Application (Sec. 1)
Affidavit and bond (Sec. 2)
Foreclosure of chattel mortgage
Northern Motors, Inc. vs. Herrera, 49 SCRA 392
(1973)
Replevin does not issue against property in custodia
legis
Order to deliver property (Sec. 3)
Where writ may be served (anywhere in the Phils.)
Is hearing required? (Compare to preliminary attachment and
preliminary injunction)
N.B. Unlike in attachment and injunction which is
usually issued only after hearing, with certain exceptions,
order for delivery of personal property as a provisional remedy
is issued ex parte and, given the requisites for its issuance,
is granted as a matter of course.
Rule 61
Support Pendente Lite
(Sections 1 to 7)
Rule 62
Interpleader
(Sections 1 to 7)
Interpleader defined
Beltran vs. People’s Homesite and Housing Corp.,
29 SCRA 145 (1969)
Rule 63
Declaratory Relief and Similar Remedies
(Sections 1 to 6)
RTC has exclusive jurisdiction – SC has no jurisdiction over petitions for declaratory relief
Rule 64
Review of Judgments and Final Orders or Resolutions of COMELEC and COA
(Sections 1 to 9)
Motion for reconsideration of decision of COMELEC Division required; not of COMELEC En Banc
N.B. Sec. 1 (d) of COMELEC Rules of Procedure = no MR of en banc ruling,
resolution, order or decision except in election cases.
N.B. MR of COMELEC Division ruling should first be filed with COMELEC En Banc, whose
decision may be brought on
certiorari to SC. Exc. when division committed grave abuse
of discretion, in which case the aggrieved party may directly
file a petition for certiorari with SC
27
The writ of prohibition does not lie against the exercise of a quasi-legislative function
Holy Spirit Homeowners Association vs. Defensor, G.R. No. 163980, August 3,
2006
Mandamus (Sec. 3)
Will not issue to compel a discretionary act
Sharp International Marketing vs. CA, 201 SCRA
299 (1991)
Mandamus is available only to compel the doing of an act specifically enjoined by law as a duty
Henares, Jr. vs. Land Transportation Franchising and Regulatory Board, G.R. No.
158290, October 23, 2006
Exception – where there is grave abuse of discretion
First Philippine Holdings vs. Sandiganbayan, 253
SCRA 30 (1996)
Rule 66
Quo Warranto
(Sections 1 to 12)
Definition
Period for filing – within one (1) year from date petitioner
ousted from his position
Galano vs. Roxas, 67 SCRA 8 (1975)
Exception
Cristobal vs. Melchor, 78 SCRA 175 (1977)
Rule 66 of the 1997 Rules of Civil Procedure does not apply to quo warranto cases
against persons who usurp an office in a private corporation.
Calleja vs. Panday, G.R. No. 168696. February 28, 2006.
Rule 67
Expropriation
(Sections 1 to 14)
Writ of possession
Republic vs. Tagle, 299 SCRA 549 (1998)
Rule 68
Foreclosure of Real Estate Mortgage
(Sections 1 to 8)
Equity of redemption
Limpin vs. IAC, 166 SCRA 87 (1988)
Partition
(Sections 1 to 13)
Partition defined
Villamor vs. CA, 162 SCRA 574 (1988)
Rule 70
Forcible Entry and Unlawful Detainer
(Sections 1 to 21)
When the complaint fails to aver facts constitutive of forcible entry or unlawful detainer
Valdez, Jr. vs. Court of Appeals, G.R No. 132424, May 4, 2006
Possession by tolerance
Heirs of Rafael Magpily vs. De Jesus, 474 SCRA 366 (2005)
Damages that can be recovered - fair rental value or the reasonable compensation for
the use and occupation of the leased property..
Dumo vs. Espinas, G.R. No. 141962, January 25, 2006
Rule 71
Contempt
(Sections 1 to 12)
Contempt defined
Distinction between
Direct and indirect contempt
Tabujara vs. Judge Asdala, A.M. No. RTJ-08-2126 [Formerly OCA I.P.I. No. 08-2896-
RTJ], January 20, 2009
Remedies
Direct contempt (Sec. 2)
31