Professional Documents
Culture Documents
1.
2.
3.
4.
Remedial Law
Prospective in
application
Cannot be enacted by SC
SC is expressly
empowered to
promulgate procedural
rules
1987 Constitution
BP 129 (Judiciary Reorganization Act of
1980) as amended by RA7691 (Act
expanding the jurisdiction of MTCs, MuTCs,
MCTCs
3. Rules of Court
4. Supreme Court Administrative Matters and
Circulars
5. Supreme Court decisions
6. New Civil Code
7. Family Code
8. Local Government Code (RA 7160),
particularly the Katarungang Pambarangay
Law
9. Special Laws and amendments
10. Rules of Procedure on Small Claims
11. Revised Manual of the Clerk of Court
Criminal
Procedure
Civil Action
A remedy by
which a party
seeks to
establish a
status, a right,
or a particular
fact (Rule 1
S3c)
The State
prosecutes a
person for an
act or
omission
punishable by
law (Rule 1
S3b)
A party sues
another for
the
enforcement
or protection
of a right, or
the
prevention or
redress of a
wrong
A proceeding
wherein a
person is
prosecuted by
the State for
acts or
omissions
committed in
violation of
penal laws,
and to impose
the
corresponding
penalty
provided for
by penal laws
A civil action
may be
ordinary or
special. (R1
S3a)
Governed by
special rules,
and in the
absence of
special
provisions,
the rules
provided for
in ordinary
civil actions
shall be, as far
as practicable,
apply
suppletory
(R72 S2)
Governed by
the Revised
Rules of
Criminal
Procedure
Both are
governed by
the Rules for
ordinary civil
actions,
subject to
specific rules
prescribed for
a special civil
action (R1
S3a)
May involve
only one party
Involves the
State against
the accused
Involves 2 or
more parties
Initiated by
petition
Initiated by
complaint
(but filed in
court by
Information)
Initiated by
complaint, or,
in some
special civil
actions, by
petition
Based on an
act or
omission
punishable by
Based on a
cause of
action
Except
Habeas
Corpus, NOT
based on a
cause of
action
law
A3 S1
No person shall be deprived of life, liberty, or
property without due process of law, nor shall any
person be denied the equal protection of the laws.
A6 S30
No law shall be passed increasing the appellate
jurisdiction of the SC as provided in this Constitution
without its advice and concurrence.
A8 S5 P1
Review
Revise
Reverse
Modify
Affirm
o On appeal or certiorari, as the law
or the Rules of Court may provide,
final judgments and orders of
lower courts in:
1.
2.
3.
4.
5.
A7 S4
The Supreme Court en banc shall be the sole judge
of all contests relating to the election, returns, and
qualification of the President or Vice President, and
may promulgate its rules for the purpose.
A7 S18
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
thereon within 30 days from its filing.
A8 S2
The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the
various courts but may not deprive the SC of its
jurisdiction over cases enumerated in S5 thereof.
Rule 36
A3 S16
Rule 39
Jurisdiction
Power of court to hear
and decide a case
May be waived
Procedural
Substantive
May be changed by
written agreement of
the parties
General Jurisdiction
Power to adjudicate all controversies except
those expressly withheld from the plenary
powers of the court.
It extends to all controversies which may be
brought before a court within the legal
bounds of rights and remedies.
Special or Limited Jurisdiction
One which restricts the courts jurisdiction
only to particular cases and subject to such
limitations as may be provided by the
governing law.
It is confined to particular causes, or which
can be exercised only under the limitations
and circumstances prescribed by the statute
Appellate Jurisdiction
Power and authority conferred upon a
superior court to rehear and determine
causes which have been tried in lower
courts, the cognizance which a superior
court takes of a case removed to it, by
appeal or writ of error, from the decision of
a lower court or the review by a superior
court of the final judgment or order of
some lower courts
Territorial jurisdictions:
SC and CA
National
RTC
Regional jurisdiction
Inferior courts
Territorial jurisdiction as defined by SC in
BP129
*Power of tribunal considered with reference to the
territory within which it is to be exercised.
Delegated Jurisdiction
The grant of authority to inferior courts to
hear and determine cadastral and land
registration cases under certain conditions
Coordinate Jurisdiction
(same as Concurrent Jurisdiction)
Ancillary Jurisdiction
Power of the courts to settle issues which
are incidental to main issue
Appeal by Certiorari
Rule 45
Rule 65
Petition is based on
questions of law
Petition is based on
questions of jurisdiction,
whether the lower court
acted without
jurisdiction or in excess
of jurisdiction or with
grave abuse of discretion
Mode of appeal
Mode of review /
SPECIAL CIVIL ACTION
Directed against
interlocutory order of
the court or where there
is no appeal or any plain,
speedy, or adequate
remedy
Unless a writ of
preliminary injunction or
temporary restraining
order is issued, the
Motion for
reconsideration is not
required
3.
a.
b.
c.
d.
e.
Certiorari
Prohibition
Mandamus
Quo warranto
Habeas corpus
2.
3.
4.
5.
JURISDICTION
SUPREME COURT
Original Jurisdiction of the Supreme Court:
A8 S5 P1- (Rule 56)
Ambassadors
Other public ministers and consuls
2.
3.
4.
5.
Over Justices
Over Judges
Practice of Law
Members of the Integrated Bar
CA decisions
-
1.
2.
3.
RTC
Exclusive Original Jurisdiction:
COURT OF APPEALS
1.
2.
3.
4.
5.
Mandamus
Prohibition
Certiorari
Habeas corpus
Quo warranto
Auxiliary writs and processes,
o Whether or not in aid of its
appellate jurisdiction
Appellate Jurisdiction:
6.
7.
3.
4.
9.
1.
Appellate Jurisdiction:
MTC
(note: baligtarin ang RTC jurisdiction, below 20-50,
300-400)
Ordinary Civil Actions:
1.
2.
3.
4.
5.
6.
Summary Procedure:
1.
2.
3.
10
Conferred by law
Why the need to discuss jurisdiction?
To know whether subject to Motion to Dismiss (Rule
S1b), that the court has no jurisdiction over the
subject matter of the case
R1 S5
Civil action is commenced by the filing of the original
complaint in court and payment of the requisite
docket fees. If an additional defendant is impleaded
in a later pleading, the action is commenced with
regard to him on the date of filing of such later
pleading, irrespective of whether the motion for its
admission, if necessary, is denied by the court.
Action
Cause of Action
Right of Action
Suit to enforce
ones right or
for the
prevention or
redress of a
wrong
Act or omission
by which a
party violates a
right of another
Remedial right
to file a suit
based on cause
of action
Original Distinctions:
Action
Cause of Action
Right of Action
Suit filed in
court for
enforcememt
or protection of
a right, or the
prevention or
redress of a
wrong (R1 S3)
Act or omission
by which a
party violate a
right of another
(R2 S2)
Remdial right
or right to relief
granted by law
to a party to
institute an
action against a
person who has
committed
delict or wrong
against him
Remedy or
means afforded
or the
11
consequent
relief
Formal
statement of
operative facts
that give rise to
a remedial right
Remedial right
given to a
person because
of occurrence
of the alleged
facts
Matter of
procedure and
depends on the
pleadings filed
by the parties
A matter of
right and
depends on
substantive law
Not affected by
affirmative
defenses
(fraud,
prescription,
estoppel, etc)
Affected by
affirmative
defenses
Venue: R4 S1
ND
Action in Personam
-
Kinds of actions:
ST
Action in
personam
Action Quasi in
Rem
Directed
against the
thing itself
Directed
against
particular
persons
Directed
against
particular
persons
Jurisdiction
over person of
defendant is
not required
Jurisdiction
over person of
defendant is
required
Jurisdiction
over the person
of the
defendant is
not required as
long as
jurisdiction
over the res is
acquired
Real Action
-
12
A proceeding to
determine the
state or
condition of a
thing
An action to
impose a
responsibility
or liability upon
a person
directly
A proceeding to
subject the
interest of a
named
defendant over
a particular
property to an
obligation or
lien burdening
it
Judgment is
binding on the
whole world
Judgment is
bonding only
upon the
parties
impleaded or
their successors
in interest
Judgment is
binding upon
particular
persons
Examples:
Examples:
Examples:
Probate
proceeding,
Action for
specific
performance
Action for
partition
cadastral
proceeding,
Action for
breach of
contract
Action to
foreclose real
estate
mortgage
sought
Founded on
privy of real
estate
Founded on
privity of
contract
Founded on
both
Filed in the
court where
the property or
any part
thereof is
situated (R4 S1)
Filed in the
court where
the plaintiff or
any of the
plaintiffs
resides, where
defendant or
any of the
defendants
resides, or in
case of non
resident
defendant,
where he may
be found, at
election of
plaintiff (R4 S2)
Filed in the
court where
the property or
any part
thereof is
situated (R4 S1)
Example:
Example:
Example:
Accion
reivindicatoria
Action for a
sum of money
Accion
publiciana with
a claim for
damages
special
proceedings
Real Action
Personal
Action
Mixed Action
Ownership or
possession of
real property is
involved
Personal
property is
sought to be
recovered or
where damages
for breach of
contract are
Personal Action
Action in personam
Personal property is
sought to be recovered
or where damages for
breach of contract are
sought
An action directed
against particular
persons, may be real
action, personal action,
mixed action
Founded on privity of
contract
R4 S1 or R4 S2 may
13
plaintiff or any of
defendants reside, at
option of plaintiff (R4 S2)
govern, depending on
whether the action is
real action or personal
action
Mixed Action
Rules on personal
actions govern (?)
INITIATORY PLEADING
A pleading that initiates an action
Real Action
In rem action
Ownership or possession
of real property is
involved
A proceeding founded
on privity of real estate
A proceeding to
determine state or
condition of a thing
Judgment is binding
upon the whole world
RESPONSIVE PLEADING
A pleading that responds to allegations in
the adverse partys pleading
Initiatory Pleadings
Original complaint
Permissive counterclaim
Cross claim
Third party complaint
th
4 party complaint
Complaint in intervention
Petition
In special civil actions
In special proceedings
Counter counter claim
14
COMPULSORY- Arises
out of or is necessarily
connected with the
transaction or
occurrence that is the
subject matter of the
opposing partys claim
Can be an initiatory
pleading, if permissive
Responsive Pleadings
Why?
Motion is an application for relief other than by a
pleading (R15 S1)
Initiatory Pleading
Responsive Pleading
A pleading that
initiates an action
Original
complaint
Answer to original
complaint
Permissive
counterclaim
Answer to
permissive
counterclaim
Cross claim
Answer to third
party complaint
Third party
complaint
Answer to fourth
party complaint
th
4 party
complaint
Complaint in
Answer to
complaint in
intervention
15
intervention
Petition
document
Comment or
objection to
petition
Allegations of
usury
Compulsory
counterclaim
Answer to
permissive
counterclaim
In special proceedings
Reply
Counter
counter claim
Counter cross
claim
Need to be verified,
with certification
against forum
shopping, plus
payment of docket
fees
Succeeding
pleadings in
special
proceedings
Answer to counter
counter claim
Answer to counter
cross claim
Actionable
16
S408, LGC
1.
2.
3.
4.
5.
6.
7.
9.
S409, LGC
17
18
Summary Procedure:
Cases covered:
1.
buyer beware
Notice to buyer of existence of an adverse
claim
o It is not a pleading
o There is need to register it with the
register of deeds
2.
COMPLAINT
3.
II.
2.
3.
Jurisdiction
IF, court has no jurisdiction, M2D R16 S1b
19
1.
2.
3.
Venue
20
Plaintiff includes:
-
Defendant includes:
-
Parties
Counter counterclaimant
Counter cross claimant
Plaintiff
A person having an interest in the matter of
the action or in obtaining the relief
demanded
Defendant
A person claiming an interest in the
controversy or the subject thereof adverse
to the plaintiff
rd
3 party plaintiff
A defending party who may with leave of
court file against a third person not party to
rd th
the action called the 3 4 etc party
defendant a claim for contribution,
indemnity, subrogation, or any other relief
in respect of his opponents claim (R6 S11)
(R3 S1)
Only natural or juridical persons, or entities
authorized by law may be parties in a civil action.
The term plaintiff may refer to the claiming party,
rd th
the counterclaimant, cross claimant, or the 3 4 etc
party plaintiff. The term defendant may refer to the
original defending party, the defendant in the
rd
counterclaim, the cross defendant, or the 3 4th etc
party defendant.
Cross Claimant
A party to an original action who has a claim
against a co party arising out of the
transaction or occurrence that is the subject
matter either of the original action or of a
counterclaim therein (R6 S8)
21
Indispensable Party
Representative party
R3 S3
Party acting in a fiduciary capacity. The beneficiary
shall be included in the title of the case and shall be
deemed to be the real party in interest. It may be:
-
Necessary Party
A necessary party is a party who is not
indispensable but who ought to be joined as
a party if complete relief is to be accorded
as to those already parties, or for a
complete determination or settlement of
the claim subject of the action (R3 S8)
22
Cause of Action
Act or omission by which a party violates a
right of another (R2 S2)
JOINDER OF PARTIES
Requisites:
1.
2.
3.
4.
R3 S6
Denied:
I will file an answer within the balance of the period
prescribed by Rule 11 to which i am entitled at the
time of serving my motion, but not less than 5 days
in any event, computed from my receipt of notice of
denial. Then, proceed with the trial. In case of
adverse decision I will appeal the judgment and
assign as error the denial of the motion to dismiss.
However, if the denial is tainted with GAD
amounting to lack or excess of jurisdiction, then I will
file petition for certiorari under Rule 65.
23
Interpleader (R62)
Declaratory Relief (R63)
Review of Judgments and Final orders or
resolutions of COMELEC, CoA (R64)
4. Certiorari, Prohibition, Mandamus (R65)
5. Quo Warranto (R66)
6. Expropriation (R67)
7. Foreclosure of Real Estate Mortgage (R68)
8. Partition (R69)
9. Forcible Entry and Unlawful Detainer (R70)
10. Contempt (R71)
INCLUDES: SPECIAL PROCEEDINGS
(SEGTARHHCVJCDC +)
Sum of money + Foreclosure of Mortgage = CANNOT
BE JOINED! (latter is a special civil action)
Hence, sue in alternative / either or
C.
R2 S3
A party may not institute more than one suit for a
single cause of action
R2 S4
If 2 or more suits are instituted on the basis of the
same cause of action, the filing of one or a judgment
upon the merits in any one is available as a ground
for dismissal of the others.
24
R7 S2
R7 S3
1.
2.
3.
4.
Designation
Allegation of the claims or defenses
Relief prayed for
Date of the pleading
Paragraph
Date
Every pleading shall be dated
1.
2.
3.
25
R7 S4
Except when otherwise specifically required by law
or rule, pleadings need not be under oath, verified,
or accompanied by affidavit.
th
Interpleader (R62)
Declaratory Relief and Similar Remedies
(R63)
Review of Judgments and Final Orders or
26
Expropriation (R67)
Foreclosure of Real Estate Mortgage (Rule
68)
Partition (R69)
Forcible Entry and Unlawful Detainer (R70)
Contempt (R71)
Writ of Amparo (
27
28
2.
3.
Forum Shopping:
29
2.
3.
30
Counterclaim
Original complaint
A
vs
Counterclaim
th
Cross Claim
A
vs
and
(Original Complaint)
Cross Claim
31
Complaint In intervention
Initiatory Pleadings
A vs B
THIRD PARTY
COMPLAINT
COMPLAINT IN
INTERVENTION
Rule 6
Rule 19
Pleading filed by an
intervenor if he answers
a claim against either or
all of the original parties
Permissive CC
Compulsory CC
Arises out of or is
connected with the
transaction or
occurrence that is the
subject matter of the
opposing partys claim
Not
not
Initiatory pleading
Not an initiatory
pleading
32
Initiated by way of
complaint
By way of affidavit
For CISA
Terceria
Pleading
Affidavit
Not
PROVISIONAL REMEDIES
-
Litis Pendencia
buyer beware
Notice to buyer of
existence of an adverse
claim
Notice
PROVISIONAL REMEDIES
Simultaneous or after filing of the original
complaint/pleading asserting a claim,
PROVISIONAL REMEDIES may be availed of,
ancillary to the main action for protection and
33
attachment
(NOTE:
f.
2.
3.
4.
Rule 57 S1
a.
Affidavit
HOW?
At the commencement of the complaint
-
By verified complaint
By verified motion
34
FE/UD- No
Amount 200k MM- yes
100k- no
Ordinary Civil Actions- yes
INTERLOCUTORY, hence,
o M4R R65 S4
o Certiorari R65 S1, R41 S1b
Stages:
-
Publication
Order/Execution
o BOTH ARE EX PARTE
Implementation
o With Summons
How attached?
-
Garnishment
Levy on attachment
o Annotated on back of title, warning
on subsequent buyer subject to
outcome of the case
Writ of Preliminary
Attachment
Covers real or personal
property
At the commencement
of the action or at any
time before entry of
judgment
Amount of the bond is
the
value
of
the
obligation (fixed by the
court)
May be resorted to even
if property is in the
possession of a third
person
Writ of Replevin
Covers only personal
property
Commencement of the
action or at any time
before answer
Amount of the bond is
double the amount of
the personal property
Can be sought only when
defendant is in actual
possession
of
the
property
Injunction
-
35
Preliminary Injunction
-
b.
c.
Denial- interlocutory
-
Remedy: certiorari
If FJ- appeal
Irreparable damage and injury
Can preliminary injunction be issued ex parte?
NO (?). TRO- yes
Writ of preliminary
injunction
A writ granted at any
stage of action or
proceeding prior to the
judgment or final order,
requiring a party or a
court, agency or person
from a particular act or
acts. It may also require
performance
of
a
particular act or acts, in
which case it shall be
known as a preliminary
mandatory injunction
TRO
An order to restrain
particular act or acts of a
party for a limited period
of time
2.
36
3.
4.
5.
2.
6.
7.
3.
4.
R13 S13
HOW?
By verified complaint
By verified motion
37
original
seventy-two
hours
provided
herein.
38
R70 S15
Court may grant preliminary injunction, in
accordance with the provisions of R58 thereof, to
prevent defendant from committing further acts of
dispossession against plaintiff.
A possessor deprived of possession through Fe or UD
may, within 5 days from filing of complaint, present
a motion in the action for FE UD for issuance of writ
of preliminary mandatory injunction to restore him
in his possession. The court shall decide the motion
within 30 days from filing thereof
R70 S20
Upon motion of plaintiff, within 10 days from
perfection of appeal to the RTC, the latter may issue
a writ of preliminary mandatory injunction to restore
plaintiff in possession if the court is satisfied that
-
AGAIN...
1.
2.
20 days
72 hours (ex parte)- extreme urgency
20 days non extendible
3.
39
1.
Denied:
-
M4R
Certiorari Rule 65
Provisional remedy
Rule 58
An order granted at any
stage of an action or
proceeding prior to the
judgment requiring a
party or a court, agency,
or a person to refrain a
particular act or acts
Mandatory Injunction
Provisional Remedy
Rule 58
An order requiring the
performance
of
a
particular act or acts
Mandamus
Special Civil Action
Rule 65
Requires performance of
a ministerial act or to
desist from excluding
another from a right or
office (ministerial)
Directed
against
a
Judicial or quasi judicial
bodies
exercising
ministerial functions
Original action
By way of petition
2.
3.
4.
5.
Provisional remedy
By way of motion
C.
FE and UD
o R70preliminary
mandatory
injunction
and
preliminary
prohibitory injunction are allowed
Prohibitory Injunction
Prohibition
1.
2.
3.
40
c.
d.
REQUIREMENTS:
1.
2.
3.
IF pending appeal,
-
By verified complaint
IF after judgment,
-
By way of motion
41
1.
2.
2.
3.
3.
To receive rents
4.
5.
6.
To make transfers
7.
8.
9.
Jurisdiction/Venue:
Facts:
1.
a.
b.
R59 S8
Whenever the court, motu proprio or on motion of
either party, shall determine that the necessity for
receiver no longer exists, it shall, after due notice to
all interested parties and hearing,
1.
42
c.
d.
Nullity of marriage
Annulment of marriage
Legal separation
Custody of minors in relation to habeas
corpus
Criminal cases:
o Rape
o RA9262
2.
At
-
Denied, REMEDY:
Counterbond double the amount of property
E.
IMMEDIATELY EXECUTORY!
S2- Comment
A copy of the application and all supporting
documents
Where filed?
FAMILY COURT
Why not in MTC? Because action for support is
incapable of pecuniary estimation
(Exception: Criminal cases falling under MTC
jurisdiction?)
When available?
-
43
S3- Hearing
1.
2.
S4- Order
The court shall determine provisionally
1.
In criminal cases
1.
2.
offending party,
her parents,
grandparents,
or guardian
and the state in the corresponding criminal
case during its pendency,
44
S7- Restitution
When the judgment or final order of the court finds
that the person who has been providing support
pendente lite is not liable therefor,
-
complaint
Interpleader (62)
Foreclosure of
mortgage (68)
Forcible entry /
UD (70)
Partition (69)
Expropriation
(67)
petition
declaratory
relief (62)
review
of
adjudication of
comelec, coa
(64)
c, m, p (65)
qw (66)
contempt (71)
1.
2.
Interpleader (62)
Declaratory Relief and other similar
remediesv (63)
3. Review of judgments, final orders,
resolutions of CoA, COMELEC (64)
4. Certiorari, Prohibition, Mandamus (65)
5. Quo Warranto (66)
6. Expropriation (67)
7. Foreclosure of Real Estate Mortgage (68)
8. Partition (69)
9. Forcible Entry/Unlawful Detainer (70)
10. Contempt (71)
Governed by Special Rules, Rules on ordinary civil
actions apply in a suppletory manner (OR is it the
other way? R1 states governed by rules on ordinary
civil actions, subject to specific rules prescribed in a
special civil action)
Examples:
DENIED,
DEMURRER TO EVIDENCE
-
PARTS OF A PLEADING
SCA initiated by
45
Whenever
-
S3- Summons
Summons shall be served upon the conflicting
claimants, together with a copy of the complaint and
order.
At any time
Intervention
Rule 19
With leave of court
Ancillary to main action
JURISDICTION:
RTC or MTC 20-50 real 300-400 personal higher
lower
VENUE:
Real- R4 S1
Personal- R4 S2
-
S2- Order
Upon filing of the complaint, the court shall
46
S6- Determination
After the pleadings of the conflicting claimants have
been filed, and pre trial has been conducted in
accordance with these Rules,
-
reformation of an instrument
consolidate ownership
JURISDICTION/VENUE:
Declaratory Relief:
-
Queting of title:
-
Consolidation of ownership:
Interpretation/Construction of:
o
o
o
o
deed,
will,
contract, or
other written instrument, or
Reformation of contracts:
-
statute,
executive order,
regulation,
ordinance, or
any other governmental regulation
47
Requirements:
S2- Parties
All persons who have or claim any interest which
would be affected by the declaration shall be made
parties, and
-
statute,
EO, or
regulation, or
any other governmental regulation,
o The Sol Gen shall be notified by the
party assailing the same and
shall be entitled to be
heard upon such question
S1- Scope
S2- Mode
SC- petition for certiorari under Rule 65
S3- Time
Within 30 days from notice of judgment
APPEAL R41
o (R40 to RTC if Quieting in MTC)
48
S5- Form/Contents
1.
2.
3.
4.
5.
6.
Rule 65
Applies to orders of
judicial, quasi judicial
court or tribunals
60 days from denial of
motion
for
reconsideration (AM 7-712-SC)
Motion
for
reconsideration
is
required
Petition filed before RTC,
CA, SC
Rule 64
Applies to judgments,
final orders, resolutions
of CoA and COMELEC
30 days from notice of
judgment or final order
or resolution sought to
be reviewed
NOT
Rule 43
Appeal/Petition
for
review of decisions of
Quasi Judicial Bodies
Rule 64
Petition for review of
judgments and final
orders or resolutions of
COMELEC and CoA
30 days from notice of
judgment or final order
sought to be reviewed
With the SC
18 copies
No other pleading may be filed unless
required or allowed by court
A8 S1 P2
Judicial Power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable, and
to determine whether or not there is grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
government.
49
A8 S5 P2
-
6.
7.
8.
9.
Certiorari
-
Prohibition
-
Mandamus
-
50
2.
3.
4.
5.
6.
7.
8.
9.
QUALIFICATIONS in ALL 3:
-
Certiorari
discretionary
Mandamus
Ministerial
Prohibition
Discretionary and
ministerial
To annul order
To
order To
restrain
performance
performance
60 days from receipt of final judgment or order or from denial of
motion for reconsideration
Against entity or Against entity or Against entity or
person exercising j person exercising person exercising j,
or ej function
ministerial function
ej,
ministerial
function
Without or GAD
Unlawful neglect of Without or GAD
ministerial duty or
excluded another
from a right or
office
Correct errors of Performance of act To
restrain
or
jurisdiction
or desist from prevent usurpation
excluding another of jurisdiction
from a right or
office
Errors of Jurisdiction
Court acted with GAD
amounting to lack or
excess of jurisdiction
Action of the court
Correctible by certiorari
Rule 65
Errors of Judgment
Misapprehension of law
or facts by the court
Valid proceeding
Correctible by appeal
Rules 40-43, 45
REQUIREMENTS:
1.
2.
3.
Exception:
1.
51
5.
6.
7.
8.
65 vs 45 (simplified)
General rule:
Certiorari is not a substitute for lost appeal
Except:
-
Rule 65
60 days
Motion
for
reconsideration required
Questions of jurisdiction
SC, CA, RTC
Special civil action
Rule 45
15 Days
Not
Questions of law
SC
Mode of appeal/petition
for review
52
a.
b.
c.
Within 1 YEAR
-
in short...
within 1 YEAR from usurpation of public office
REMEDY IF DENIED: Appeal
2.
RTC, CA, SC
If Solicitor General files- RTC, CA, SC
If other person files- R4 S1 R4 S2
Rule 66 S1
An action for usurpation of a public office, position,
or franchise may be commenced by a verified
petition brought in the name of the Republic of the
Philippines against:
53
Constitutional Basis:
A3 S9
Private property shall not be taken for public use
without payment of just compensation
order of compensation
order of expropriation
final order of just compensation
Foreclosure of Mortgage
-
2.
assignments, if any
54
3.
4.
5.
6.
7.
b.
Right of Redemption
Exists in EJ foreclosure
By mortgagee within 1
year from registration of
the sale in the Office of
the Registry of Deeds
Nature of Action:
-
QUASI IN REM
Service of summons by publication
Equity of Redemption
Exists in J foreclosure
By mortgagor during not
less than 90 days nor
more than 120 days
from entry of judgment
or foreclosure or even
after foreclosure sale but
before
judicial
confirmation of the
same
Jurisdiciton/Venue:
MTC-RTC 20-50 OMM MM lower higher
JUDICIAL FORECLOSURE
EJ FORECLOSURE
Classes of partition:
1.
2.
Compulsorypartition
by
judicial
proceedings at the instance of one or more
of the co tenants without regard to the
wishes of the other co tenants
55
2.
3.
4.
5.
6.
R69 S1
Order of partition
Order of accounting
1.
2.
3.
Jurisdiction/Venue:
MTC RTC 20-50 300-400 OMM MM lower higher
R4 S1 R4 S2
Forcible Entry
Person
in
physical
Unlawful Detainer
Withholding by a person
56
of possession of land or
building
Legal but becomes illegal
Pay
AND
vacate;
jurisdictional
No need to prove prior
physical possession
1 year from date of last
demand
Jurisdiction/Venue:
MTC of the place where property or portion thereof
is situated (R4 S1)
Proceedings SUMMARY IN NATURE! (Rules on
Summary Procedure)
Complaints
Compulsory counterclaims
Cross claims pleaded in the answer
Answers thereto
VERIFIED!
57
b.
c.
d.
e.
b.
c.
d.
e.
f.
Memoranda
g.
h.
58
j.
Reply
k.
l.
Interventions
R70 S15
S20- Affidavits
The affidavits required to be submitted under this
Rule shall state only facts of direct personal
knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify
to the matters stated therein.
A violation of this requirement may subject the party
or the counsel who submits the same to disciplinary
action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the
record.
S21- Appeal
The judgment or final order shall be appealable to
the appropriate RTC which shall decide the same in
accordance with S22 of BP129. The decision of the
RTC in civil cases governed by this Rule including
forcible entry and unlawful detainer, shall be
immediately executor, without prejudice to a further
appeal that may be taken therefrom. S10 of Rule 70
shall be deemed repealed.
Contempt
-
Contempt of Court
-
59
2 classifications of contempt:
1.
2.
2.
Actions covered:
DISCUSSION:
a.
1.
A remedy
Acts covered:
-
b. Disobedience of or resistance to a
lawful writ, process, order,
judgment of a court, including act
of person who, after being
dispossessed or ejected from any
real property by the judgment or
process of any court of competent
jurisdiction, enters or attempts or
induces another to enter into or
upon such real property, for the
purpose of executing acts of
ownership or possession, or in any
manner disturbs possession given
to the person adjudged to be
entitled thereof
Punishment:
(RTC/of equivalent or higher rank)
F: not exceeding 2k OR
I: not exceeding 10 days, OR BOTH
(lower court)
Misbehaviour of an officer of a
court in the performance of his
official duties or in his official
transactions
Any abuse
interference
proceedings
constituting
under S1
of or any unlawful
with the processes or
of the court not
direct contempt as
60
d.
e.
f.
g.
Rule 13
Section 14
In an action affecting the title or the right of
possession of real property, the plaintiff and the
defendant, when affirmative relief is claimed in his
answer, may record in the office of the registry of
deeds of the province in which the property is
situated
a notice of the pendency of the action
Said notice shall contain the names of the parties
and the object of the action or defense, and a
description of the property in that province affected
thereby
Only from the time of filing such notice for record
shall
a purchaser,
Direct Contempt
In presence of a judge,
motu proprio or upon
motion
Cant initiate
In presence or so near
judge
Rem: certiorari
remedy
Indirect Contempt
or encumbrancer
of the property affected thereby,
Initiate
Not in presence of judge,
disobey court order
Rem: appeal
Original action
61
R13 S2
Filing is the act of presenting the pleading or paper
to the clerk of court.
(PAMNOJDORS)
Pleading subsequent to the complaint
Appearance
Written Motion
Notice
Order
Judgment
Demand
Offer of judgment
Resolution
Similar papers
Service by mail
R13 S7
Service by registered mail shall be made by
depositing the copy in the post office,
in a sealed envelope
plainly addressed to the party or his counsel
at his office, if known,
otherwise, at his residence, if known,
with postage fully prepaid and with
instructions to the postmaster to return the
mail to the sender after 10 days if
undelivered
How is it done?
Personal Service
R13 S6
Substituted Service
R13 S8
62
5.
63
docket and
other lawful fees, and
of transcript of stenographic notes
Office
Person
1.
64
2.
Summons
Subpoena
(R21 S1)
Purpose is to obtain
jurisdiction over person
of defendant, and to give
notice to defendant that
an action has been
commenced against him,
ordering defendant to
answer the complaint
within the time fixed by
these Rules, and unless
defendant answers,
plaintiff will take
judgment by default and
may be granted the
A process directed to a
person requiring him to
attend and to testify at
the hearing or trial of an
action, or at any
investigation conducted
by competent authority
or for the taking of his
deposition. (Subpoena
ad testificandum)
A process directed to a
person requiring him to
bring with him any
books, documents, or
other things under his
control (Subpoena duces
tecum)
Order for a person to
appear and to testify at a
hearing, action,
investigation, or for
taking of his deposition
OR to produce books,
documents, or other
things under his control
(R21 S1)
Needs tender of
kilometrage, attendance
fee, and reasonable cost
of production fee
Original or alias
Ad testificandum or
duces tecum
During trial or
investigation
IN PERSONAM
Service in person
Substituted service
IN REM
Service in person
Substituted Service
Publication
Extraterritorial Service
QUASI IN REM
Service in person
Substituted service
Publication
65
2.
NO
2.
R14 S15
Service by leave of court by publication in a
newspaper of general circulation in such place and
for such time as the court may order, in which case a
copy of the summons and order of the court shall be
sent by registered mail to the last known address of
the defendant.
2.
Of legal age
With sufficient knowledge and
comprehension that what he is receiving on
behalf of defendant are summons notifying
defendant that a suit was brought against
the same, AND PREFERABLY KNOWS HOW
TO SPEAK ENGLISH
1.
66
3.
2.
3.
Requisites;
Impossibility of the
personal service of
summons within a
reasonable time
The efforts exerted to
locate the person to be
served
R14 S14
In any action where the defendant is designated as
an unknown order, or the like, or whenever his
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
newspaper of general circulation and in such places
and for such time as the court may order.
Extraterritorial Service
67
1.
2.
3.
R14 S8
When persons associated as an entity without a
juridical personality are sued under the name by
which they are generally or commonly known,
service may be effected upon all the defendants by
serving upon any one of them, or upon the person
in charge of the office or place of business
maintained in such name. But such service shall not
bind individually any person whose connection with
the entity has, upon due notice, been severed before
the action was brought.
Upon Prisoners
R14 S9
When defendant is a prisoner confined in a jail or
institution, service may be effected upon him by the
officer having the management of such jail or
institution who is deputized as a special sheriff for
said purpose.
Ordinary defendant
68
R14 S14
In any action where the defendant is designated as
an unknown order, or the like, or whenever his
whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave
of court, be effected upon him by publication in a
newspaper of general circulation and in such places
and for such time as the court may order.
Extraterritorial Service
R14 S15
When the defendant does not reside and is not
found in the Philippines, and the action affects the
personal status of plaintiff or relates to, or the
subject of which, is property within the Philippines,
in which the defendant has or claims a lien or
interest, actual or contingent, or in which the relief
demanded consists, wholly or in party, in excluding
defendant from any interest therein, or the property
of the defendant has been attached within the
Philippines, service may, by leave of court, be
effected out of the Philippines by personal service
as under S6; or by publication in a newspaper of
general circulation in such places and for such time
as the court may order, in which case a copy of the
summons and order of the court shall be sent by
registered mail to the last known address of the
defendant, or in any other manner the court may
deem sufficient. Any order granting such leave
shall specify a reasonable time, which shall not be
less than 60 days after notice, within which the
defendant must answer.
69
1.
2.
3.
2.
3.
4.
NOT in:
EXCEPTION TO SERVICE OF SUMMONS:
70
Voluntary appearance
1.
2.
Rule 14 S20
S20- Voluntary appearance
The defendants voluntary appearance shall be
equivalent to service of summons. The inclusion in a
motion to dismiss of other grounds aside from lack
of jurisdiction over the person of the defendant shall
not be deemed a voluntary appearance.
ONE-AT-A-TIME,
A. MOTION TO DISMISS (Rule 16)
Motion to dismiss
A motion to dismiss in an application for
relief filed by an original defendant, a
defendant in a permissive counterclaim,
rd th
cross claim, 3 4 etc party complaint,
complaint in intervention, filed within the
time for but before filing the answer to the
complaint or pleading asserting a claim
After service of summons, before filing of a
responsive pleading
NOTE: Motion to dismiss is not a pleading! It is not a
responsive pleading! Hence, if there is motion to
dismiss, the complaint may still be amended as a
matter of right even if there is a motion to dismiss!
71
a.
Relate to R14
Jurisdiction over defendant may be acquired by:
voluntary appearance or by valid service of
summons, except if appearance is to question the
jurisdiction of the court
GRANTED:
Refile
Move for alias summons
c.
DENIED:
Note: Rule 4
GRANTED:
NOTE:
Subject matter (BP129- conferred by law)
Exclusive original jurisdiction of courts, if
not within, then M2D is proper
GRANTED:
-
DENIED:
Refile
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
72
e.
2.
3.
Aka PRESCRIPTION
Appeal
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
73
g.
i.
GRANTED:
Appeal
DENIED:
DENIED:
j.
h. That the claim or demand set forth in the
plaintiffs pleading has been paid, waived,
abandoned, or otherwise extinguished
GRANTED:
GRANTED:
General Rule: refile plus comply with
condition precedent, EXCEPT:
Appeal
DENIED:
File an answer within the balance of the period
prescribed by Rule 11 to which entitled at the time
of serving motion, but not less than 5 days in any
event, computed from receipt of notice of denial.
Then proceed with the trial, and when the decision is
74
DENIED:
2.
3.
4.
5.
6.
1.
2.
3.
7.
75
9.
2.
3.
4.
2.
3.
4.
5.
NON LITIGATED
MOTION
LITIGATED MOTION
What is a motion?
R15 S1
A motion is an application for relief other than by a
pleading
76
77
OF the 10 grounds,
To clarify ambiguities
2.
Rule 12
R116 S9
3.
4.
5.
In writing
Purpose is to prepare
responsive pleading
Purpose is to enable
properly to plead and
prepare for trial
6.
78
7.
8.
9.
YES!
R12 S6 provides that a bill of particulars becomes
part of the pleading for which it is intended.
C.
Proof of service
Amendment, as provided under R10 S1, is the
process of:
1.
2.
IN SHORT:
Effect of order of failure to comply to file Bill of
Particulars
R12 S4
If the order is not obeyed, or in case of insufficient
compliance therewith, the court may order the
striking out of the pleading or the portions thereof
to which the order was directed, or make such order
as it deems just.
(File a motion to strike out the pleading)
Kinds of amendments:
1.
79
6.
2.
Amendment is substantial
A responsive pleading had already been
served
3.
5.
Substantial amendments
80
Amended Pleading
Relate Rule 10 to Rule 6
-
Relate to Rule 2
-
Relate to Rule 3
-
Supplemental Pleading
A substantial pleading
does not require the
filing of a new copy of
the entire pleading
Amendment as a matter
of right is to be
answered before the
filing of the responsive
pleading, (within 15 days
after being served with a
copy thereof)(R11 S3)
A supplemental pleading
may be answered within
10 days from notice of
the order admitting the
same, unless a different
period is fixed by the
court. The answer to the
complaint shall serve as
answer to the
supplemental complaint
if no new or
supplemental answer is
filed (R11 S7)
Amendment by leave of
court is to be answered
within 10 days from
notice of the order
admitting the same. An
answer earlier filed may
serve as the answer to
the amended complaint
if no new answer is filed
(R11 S3)
Supersedes original
pleading
Supplements original
pleading
81
Relate to Rule 16
The court may either deny the motion to
dismiss, grant the motion to dismiss, or
ORDER THE AMENDMENT OF THE
PLEADING
As a matter of right
As a matter of discretion
o NO PROHIBITION under the Rules
on Summary Procedure
1.
2.
3.
EXCEPTION TO EXCEPTION:
E.
Summary judgment
-
82
1.
2.
3.
4.
remedy is APPEAL
o final judgment on the merits
DENIED:
-
plead
o
Judgment by Default
Decision or judgment by
the court after order of
default and presentation
of evidence ex parte by
plaintiff
REMEDY:
MOTION TO LIFT ORDER OF DEFAULT
Verified, FAME, Affidavit of Merit (note
what it is, and in what instances required
[all FAME])
ORDER OF DEFAULT
Rule 9 S3 provides that a defending party who fails
to file an answer to an initiatory pleading within the
time allowed therefor may be declared in default.
S4 R65
Interlocutory
o NOT Rule 37 as basis (because Rule
37 applies only to Final orders)
Denied,
83
Lose standing
Not to participate at the trial but shall be
entitled to notices
Entitled to 2 copies of decision, resolution,
substantially amended pleadings
Order of default
DENIED,
Motion for reconsideration
R9 S3 in relation to Rule 10
-
DENIED,
Certiorari Rule 65 RTC with TRO (S7 R9 amended by
AM 7-7-12)
DENIED,
R29
o
DENIED,
CA M4R Rule 52
DENIED,
Summary Proceedings
SC M4R Rule 52
84
Summary Procedure
Given 10 days to answer from receipt of
service of summons
JUDGMENT BY DEFAULT
Denied. Remedy?
R9 in relation to R11
Based on presentation of evidence ex parte
REMEDY:
Motion to set aside judgment or final order due to
FAME
Denied,
Denied. Remedy?
File a motion for reconsideration of the judgment or
final resolution within 15 days from service thereof
85
th
Reply
1.
2.
th
4.
Collateral Attack
Answer to counter counterclaim
Answer to counter cross claim
V. FILING OF ANSWER
Answer- the pleading setting forth the defending
partys defenses
R13 S1
Defendant shall file answer to the complaint within
15 days after service of summons, unless a different
period is fixed by the court
86
R14 S15
3.
R11 S4
4.
R11 S4
A cross claim must be answered within 10 days from
service
5.
rd
th
R11 S5
rd
th
6.
R19 S4
2.
Compulsory counterclaim
7.
Reply
R11 S6
87
8.
R11 S3
Where plaintiff files amended complaint as a matter
of right, the defendant shall answer the same within
15 days after being served with a copy thereof
Where its filing is not a matter of right, the
defendant shall answer the amended complaint
within 10 days from notice of the order admitting
the same
R11 S4 (?)
Answer within 10 days from service
9.
17-18.
R11 S3 (?)note the periods
11. Rejoinder
(?)
Counterclaim
Any claim which a
defending party may
have against the
opposing party
Cross Claim
Any claim by one party
against a co party arising
out of the transaction or
occurrence that is the
subject matter either of
88
Compulsory
Counterclaim
Permissive Counterclaim
Counterclaim with respect to Rule 18
Arises out of or is
necessarily connected
with the transaction or
occurrence that is the
subject matter of the
opposing partys claim
Must be answered or
else defendant can be
declared in default
Not an initiatory
pleading
Initiatory pleading
Negative defense
R6 S5
Negative defense is the specific denial of the
material fact or facts alleged in the pleading of the
claimant essential to his cause or causes of action.
2.
Affirmative defense
R6 S5
An affirmative defense is an allegation of new
matter which, while hypothetically admitting the
material allegations in the pleading of the claimant,
would nevertheless prevent or bar recovery by him.
The affirmative defenses include:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Fraud
Statute of limitations
Release
Payment
Illegality
Statute of frauds
Estoppel
Former recovery
Discharge in bankruptcy
Any other matter by way of confession and
avoidance
89
2.
3.
Disavowal of knowledge
Kinds of Denials:
1.
Actionable Document
2.
Usury in a complaint
1.
3.
Summary procedure
4.
90
1.
Scope of examinations:
Fraud/forgery
Not a party to the actionable document
1.
2.
3.
2.
2.
Discussing each:
1.
3.
91
4.
5.
Use of depositions:
1.
2.
3.
6.
Subpoena
Mode of discovery
Process
By motion
By request
Production or Inspection
of Documents or Things
Original of Evidence in
Custody of Adverse
Party
92
Mode of discovery
By motion
By notice
If there is no original
document, because such
is in the presence of
adverse party, the
requesting party can ask
for production of the
original by way of notice
2.
3.
Hospitalization of
Insane Persons
Governed by Rule 28
Special proceeding
Mode of discovery
File a petition
File a motion
Filed by Regional
Director of DOH
93
1.
2.
3.
4.
st
1.
2.
Another:
JUDGMENT ON THE PLEADINGS (Rule 34)
S1
Where the answer
94
On the merits
Interlocutory or on the
merits
nullity or
annulment of marriage or
for legal separation,
If filed by defendant,
may be filed at any time
even before answer
irrelevant allegations
immaterial allegations
allegations of damages in the complaint
VIII. REJOINDER
Judgment on the
Pleadings
Summary Judgment
Filed by plaintiff
Filed by defendant
Based on pleadings,
depositions, admissions,
affidavits
No genuine issue
between the parties
95
Mandatory requirement
Pre Trial Conference- yes
Answer
Answer to permissive counterclaim
Answer to cross claim
Answer to third party complaint
Answer to complaint in intervention
Reply to answer
After arraignment,
within 30 days from the
date the court acquires
jurisdiction over the
accused
Rule 118
Rule 18
By MOTION
If the motion is not filed, is the case dismissed for
failure to prosecute?
-
Failure of counsel of
accused or prosecutor to
appear, and without
acceptable excuse for
lack of cooperation,
court may impose
proper sanctions or
penalties
Presence of private
offended party is not
required (as only
required to appear at
Failure of plaintiff to
appear, dismissal of the
case with prejudice,
unless otherwise
ordered by the court
Failure of defendant to
appear, plaintiff to
present evidence ex
parte
96
of the criminal
and civil aspects
of the case
arraignment)
Pr trial agreement is in
writing, signed by
accused and counsel, or
else, cannot be used
against accused
Considerations in pre
trial conference:
Considerations in pre
trial:
Plea bargaining
Stipulation of
facts
Marking of
identification of
evidence of the
parties
Advisability of
preliminary
conference of
issues to
commissioner
Possibility of
amicable
settlement or
submission to
alternative
modes of
dispute
resolution
Propriety of
rendering
judgment on
the pleadings,
summary
judgment,
dismissing the
action should a
valid ground
therefor be
found to exist
Simplification of
the issues
Waiver of
objections to
admissibility of
evidence
Modification of
order of trial if
accused admits
the charge but
interposes a
lawful defense
Such matters as
will promote a
fair and
expeditious trial
Advisability or
necessity of
suspending the
proceedings
Necessity or
desirability of
amendments to
the pleadings
Possibility of
obtaining
stipulations or
admissions of
facts and of
documents to
avoid
unnecessary
proof
Limitation on
the number of
witnesses
Such other
matters as may
aid in the
prompt
disposition of
the action
(simplified)
97
g.
h.
i.
f.
Failure to appear by
plaintiff, dismissal of
case with prejudice
The parties shall file with the court and serve on the
adverse party, in such manner as shall ensure their
receipt thereof at least 3 days before the date of the
pre trial, their respective pre trial briefs which shall
contain, among others:
a.
b.
c.
d.
e.
f.
(Rule 18 S2)
The court shall consider:
a.
b.
c.
d.
e.
98
Failure to file the pre trial brief shall have the same
effect as failure to appear at the pre trial.
Effects of failure to appear at the pre trial:
Plaintiff fails to appear
PRE TRIAL BRIEF
R18 S5
Required to be filed at least 3 days before
the Pre Trial Conference
Ensure na really good, for filing memoranda
(all remedies, may bayad, bawat pleading)
pagkakitaan
R18 S5
The failure of defendant to appear at the pre trial
conference shall be cause to allow the plaintiff to
present his evidence ex parte and the court to
render judgment on the basis thereof.
(R18 S4)
1.
2.
99
100
Deemed admitted
REMEDIES:
-
Pre Trial
-
X. TRIAL
The best part of law practice
1.
101
Line of questioning:
Is it not a fact you are 1 of... YES
ORDER:
Executed sometime, etc... YES
Direct Examination
NOTE: Lead mo papunta sayo
-
Misleading questions
Re Direct Examination
Re establish what was destroyed during the
cross examination
Re Cross Examination
Cross Examination
Requires knowledge of:
-
Facts
Evidence
Defenses
Offer of Evidence
After termination of
presentation of evidence
of prosecution
102
case
responsive pleading
10 grounds
If granted, case
dismissed
If granted, case
dismissed, remedy
depends:
Evidence in chief
Evidence supporting allegations in the
complaint
Then,
Both by way of motion
Comment or objection
-
Secondary
Not identical
Then,
Order of admission/Exclusion of evidence
Admitted; Exh A, Exh B
M2D
Rule 33
Rule 16
Before filing of
Demurrer to evidence in
Civil Procedure
Demurrer to evidence in
Criminal Procedure
Rule 33
No leave of court
required
103
no longer present
evidence and submits
case for decision based
on prosecutions
evidence
(simplified version)
D2E Civil
Judgment of acquittal
not appealable, hence,
DJ sets in
Judgment of dismissal is
appealable
Judgment of acquittal is
not appealable; DJ sets
in
Rule 33
If demurrer is granted
but on appeal, order of
dismissal is reversed,
defendant is deemed to
have waived the right to
present evidence
D2E Criminal
2.
Order:
Direct Examination
Cross Examination
Re Direct Examination
Re Cross Examination
Formal offer of evidence
Comment
104
Objection
Offer
Tender of excluded evidence
DEFENDANT RESTS ITS CASE
Note: No more D2E- Rule 33- after PLAINTIFF rests
its case...
3.
in writing,
personally and directly prepared by the
judge,
stating clearly and distinctly the facts and
the law on which it is based,
must contain a dispositive part,
signed by him, and
filed with the clerk of court
REBUTTAL EVIDENCE
Purpose is to rebut defendants evidence in
chief
4.
CONSTITUTIONAL BASIS:
A8 S14(basis for Rule 36)
No decision shall be rendered by any court without
expressing therein clearly and distinctly the facts and
the law on which it is based.
Kinds of Judgments:
5.
MEMORANDUM
JUDGMENT UPON A COMPROMISE
Narration of facts of the case, issues, no
cause of action, no defenses, but only
contain discussions
After trial,
XI. JUDGMENT (Rule 36)
Declares rights/reliefs of parties
Final consideration and determination of a
court of competent jurisdiction upon the
matters submitted to it in an action or
proceeding
(A2028-2046, NCC)
105
Judgment upon
compromise
Judgment by confession
An affirmative and
voluntary act of
defendant himself. The
court exercises a certain
amount of supervision
over the entry of
judgment
CLARIFICATORY JUDGMENT
Judgment rendered to clarify an ambiguous
judgment or one difficult to comply with
106
R39 S11
SEVERAL JUDGMENT
R36 S4
Judgment rendered by the court where in
an action against several defendants, the
court renders judgment against one or
more of them, leaving the action to proceed
against the others
SEPARATE JUDGMENT
R36 S5
Judgment rendered disposing of a claim
among several others presented in a case
after a determination of issues material to a
107
CONDITIONAL JUDGMENT
Judgment wherein effectivity of such
depends upon occurrence or non
occurrence of an event
Obiter Dictum
FINAL JUDGMENT
Law of the Case
Judgment which disposes of the whole
subject matter or terminates the particular
proceedings or action, leaving nothing to be
done by the court but to enforce in
execution what has been determined
AMENDED JUDGMENT
SUPPLEMENTAL JUDGMENT
Conclusiveness of judgment
1.
R37 S1
Res Judicata (note above)
Stare Decisis
b.
108
2.
4.
2.
3.
MTC decisions
MTC
RTC
Notice /
Record
on
Appeal
under
R40
Petition for
Review
under Rule
42
(from RTC
decisions in
exercise of
appellate
jurisdiction)
M4R
Under
Rule 37
M4R
Under
Rule 52
CA
Petition 4
review on
certiorari
under
Rule 45
SC
SC
M4R
Rule
52
109
Notice/Record on Appeal
In case of Record on Appeal, appellants Brief 45
days to file record on appeal
Rule 40
Rule 41
Rule 42
Rule 43
Rule 45
Memorandu
m of appeal
Appellant
s Brief
Petition
for Review
Petition
For
Review
Petition for
Review on
Certiorari
Notice or
Record on
appeal
Notice or
record on
appeal
Petition
for Review
Petition
for
Review
(Appeal?)
Petition for
Review on
Certiorari
Of MTC
decisions
Of RTC
Decisions
original
jurisdictio
n
Of RTC
decisions
appellate
jurisdictio
n
Of quasi
judicial
bodies
Of CA,
Sandiganbayan
, CTA, RTC
decisions
Questions of
fact law or
both
Questions
of fact law
or both
Questions
of fact
law, or
both
Question
s of fact
law or
both
Questions of
law
To RTC
To CA
To CA
To CA
To SC
RTC
General Rule:
M4R
Under
Rule 37
Notice or
Record
on appeal
under
Rule 41
CA
EXCEPTIONS:
M4R
Under
Rule 52
SC
Petition 4
review on
certiorari
under
Rule 45
SC
M4R
Rule
52
1.
2.
3.
4.
5.
110
6.
7.
8.
9.
Relate to appeal
o Failure to appeal due to FAME
2.
Annulment of judgment
-
Important condition:
-
111
a.
S2- Grounds
1.
2.
4.
Collateral Attack
EXECUTION OF JUDGMENT
-
f.
Case number
g.
Dispositive
portion
of
the
judgment or order subject of the
execution
h.
Execution
-
e.
BY MOTION- 5 years
AFTER 5 years
2.
112
3.
4.
Execution is enjoined
5.
6.
right
Period to appeal has
already
lapsed,
no
appeal is perfected
Ministerial duty of the
court provided there are
no supervening events
1.
2.
3.
4.
Improvidently issued
5.
Defective in substance
6.
7.
Except:
1.
2.
b.
Execution as a matter of
Grounds:
113
1.
2.
5.
1.
2.
3.
Supersedeas Bond
-
CERTIORARI
o Interlocutory, without prejudice to
the outcome of appeal
Injunction
Receivership
Accounting
Support
1.
2.
Revival of judgment S6
Independent action
Assumes there is no
execution within first 5
years
Party who files the
action is the judgment
creditor himself, or his
assignee,
or
his
successor in intereest
Filed due to lapse of 5
year period
S6 N/A to:
1.
2.
3.
4.
114
1.
2.
3.
Levy
-
Garnishment
-
Attachment
Refers to corporate
property in possession of
judgment debtor
Garnishment
Refers to money, stocks,
credits,
other
incorporeal
property
which
belong
to
judgment debtor but is
in the possession or
under control of a third
person
1.
2.
3.
4.
5.
6.
7.
8.
9.
115
Ordinary sale on
execution
Need not be confirmed
by court
Right
exists
of
redemption
Sale in judicial
foreclosure of mortgage
Must be confirmed by
court in order to divest
rights in the property of
the parties and to vest
the
rights
in
the
purchaser
No right of redemption
except when mortgagee
is a bank or a banking
institution
Title is acquired upon
confirmation
and
registration
of
the
foreclosure sale
1.
court
of
2.
3.
4.
Terceria
-
2.
3.
4.
116
1.
2.
Cannot be ejected
3.
4.
5.
6.
5.
6.
7.
2.
3.
Conclusiveness of judgment
-
Inalterability
judgment
of
final
and
executory
117
of
1.
2.
Conclusiveness of
judgment
Identity of parties and
subject matter
First
judgment
is
conclusive only as to
matters
directly
adjudged and actually
litigated in the first
action. Second action
can be prosecuted
Has the effect of
preclusion only to issues
2.
Want of jurisdiction
Want of notice
Collusion
Fraud
118
a.
b.
Want of jurisdiction
Want of notice to a party
Collusion
Fraud
Clear mistake of law or fact
119