Professional Documents
Culture Documents
14 March 2016
RULES 30 71
1.
Jurisdiction of courts
Supreme Court
Court of Appeals
Court of Tax Appeals
Regional Trial Courts
Metropolitan Trial Courts/Municipal Trial Courts
2. Demurrer to Evidence
Nature There is only one-sided trial. It is only the plaintiff who has presented evidence
Remedy against denial of demurrer to evidence Defendant may present his evidence
Effect of grant of demurrer When reversed on appeal, movant deemed to have waived
his right to present evidence. There is no res judicata.
Definition A judgment rendered by the court if the answer fails to tender an issue, or
otherwise admits the material allegation of the adverse partys pleading.
Nature Whenever an answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party's pleadings, the court may, on motion of that party, direct
judgment on such pleading, except in actions for annulment of marriage or divorce
wherein the material facts alleged in the complaint shall always be proved.
4. Summary judgment
Definition A judgment rendered by a court without trial if it is clear that there exists NO
GENUINE ISSUE or controversy as to any material fact, EXCEPT as to the amount of
damages
Nature Intelocutory
Summary Judgment
Based on pleadings, depositions, admissions and
affidavits
Available to both
Ground: There is no genuine issue between the
parties
10-day notice
Interlocutory or on the merits
Available only in actions to recover a debt, or for a
liquidated sum of money or for declaratory relief
Filed by the plaintiff: At any time before an answer
is served
Genuine issue an issue of fact which calls for the presentation of evidence as
distinguished from an issue
5. Judgment
Grounds/requirements
New Trial
1. Fraud
2. Accident
3. Mistake or Excusable Negligence
4. Newly Discovered Evidence which could not,
with reasonable diligence, have been discovered
and produced at the trial, and which if presented
would probably alter the result
Reconsideration
1. Damages awarded are excessive
2. Evidence is insufficient to justify the decision
3. Decision/Final Order is contrary to law
a. New Trial Original judgment or final order is vacated. The case stands
for trial de novo and will be tried anew
b. Reconsideration The court may amend such judgment or final order
7. Appeals in general
Definition of appeal
Judgments and final orders subject to appeal Judgment or final order that completely
disposes of a case
Remedy against judgments and orders which are not appealable Rule 65
Modes of appeal
i.
ii.
iii.
Petition for review on certiorari Under Rule 45, elevated to the SC only
on questions of law.
Period of appeal/requisites
a. Within 15 days after notice of judgment or final order
Time to file petition 60 days after knowledge of the judgment AND not more than 6
months after entry of such judgment
Contents of petition
a. Verified
b. Accompanied by an affidavit showing the FAME relied upon
c. Accompanied by an Affidavit of Merit showing the facts constituting the
petitioners good and substantial cause of action or defense as the case may
be
Definition A remedy in law independent of the case where the judgment sought to
be annulled was rendered and may be availed of though the judgment has been
executed
ii.
Discretionary execution
a) Requisites of execution pending appeal
a. Motion by the winning party
b. Notice of the said motion to the adverse party
c. Good reasons stated in a special order after due hearing
Enforcement and effect of foreign judgments or final orders/what are the defenses
a. Provided that the foreign tribunal had jurisdiction:
i.
ii.
b. Enforcement
i.
ii.
c.
Defense
i.
Levy it is an act by which an officer sets apart or appropriates a part of the whole
property of the judgment debtor for purposes of the execution sale
Definition/Nature temporary, auxiliary and ancilliary remedies available to a litigant for the
protection and preservation of his rights while the main action is pending
Jurisdiction over provisional remedies Court where the main case is pending and
has jurisdiction
a) Preliminary attachment; definition; requisites
i.
Grounds
1. In actions for recovery of specified sum of money or damages,
except moral and exemplary, on a cause of action arising from law,
contract, quasi-contract, delict or quasi-delict against a party about to
depart from the Philippines with intent to defraud his creditors
2. In actions for money or property embezzled or fraudulently
misapplied or converted to his own use by a public officer, or an
officer of a corp., or an attorney, factor, broker, agent or clerck, in the
course of his employment as such, or by any person in a fiduciary
capacity, or for a willful violation of duty
3. Action to recover the possession of property unjustly or fraudulently
taken, detained, or converted when the property or part thereof has
been concealed or disposed of to prevent its being found by the
applicant or any authorized person;
4. In actions against a person guilty of fraud in contracting the debt or
incurring or performing an obligation upon which the action is based
5. In actions against a party who has removed or disposed of his
property, or is about to do so, with intent to defraud his creditors.
6. Actions against non-residents not found in the Philippines, or on
whom summons is served by publications
b) Preliminary injunction
i.
Definition 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 from a particular act or acts
ii.
Requisites
1. Invasion of the right is material and substantial
2. Right of the complainant is clear and unmistakable
3. Urgent and paramount necessity for the writ to prevent serious
damage
iii.
Kinds of injunction
1. Prohibitory purpose is to prevent a person from the
performance of a particular act; preservation of status quo
2. Mandatory purpose is to require a person to perform a
particular act; restoration of status quo
iv.
v.
vi.
Grounds for objection to, or for the dissolution of injunction or restraining order
1. Insufficiency
2. On other grounds upon affidavits of the party or person enjoined,
which may be opposed by the applicant also by affidavits
3. If injunction would cause irreparable damage to the person
enjoined while the applaicant can be fully compensated for such
damages as he may suffer, PROVIDED, the defendant files a
bond to pay all the damages which the applicant may suffer
vii.
Distinction
1. Injunction restrains or requires the performance of particular
acts
2. TRO Maintains status quo
c) Receivership
i.
ii.
Requisites
a.
Verified Petition
b.
Property is under litigation
c.
Grounds:
1.
Applicant has an interest in the property or fund subject of the proceeding and such property is in
danger of being lost, reoved, or materially injured unless a receiver is appointed
2.
In foreclosure of mortgage when the property is in danger of being dissipated or materially
injured, and that its value is probably insufficient to discharge the mortgage, debt or that it has been
agreed upon by the parties.
3.
After judgment, to preserve the property during the pendency of an appeal or to dispose of it
according to judgment or to aid execution
4.
When appointment of receiver is the most convenient and feasible means of preserving,
administering or disposing of the property in litigation
iii.
Effects
d) Replevin
i.
When may writ be issued when principal action is recovery of personal property and defendant is in
actual possession of the property
ii.
Requisites
1. Applied for at the commencement of the action or at any time
before the defendant answers
2. Affidavit containing
ii.
Interpleader
a. Definition/Nature special civil remedy where a person, who has property in
his possession or an obligation to perform, either wholly or partially, but who
claims no interest in the subject, or whose interest, in whole or in part, is not
disputed by others, goes to court and asks that conflicting claimants to the
property or obligation be required to litigate among themselves in order to
determine finally who is entitled to the same
Time to file
a. Gen. Rule: Filed within a reasonable time after a dispute has arisen without
waiting to be sued either by either of the contending claimants
b. Exception: Where the stakeholder acts with reasonable diligence in view of
environmental circumstances
ii.
Who may file the action Any person interested under a deed, will, contract
or other written instrument, or whose rights are affected by a statute,
iv.
Consolidation of ownership
Rule 65
Based on questions of jurisdiction
Mode of review
Directed against an interlocutory order
Or
ii.
Requisites
a.
There must be a controversy
b.
Respondent is exercising judicial or quasi-judicial functions
c.
Respondent acted without or in excess of its jurisdiction or acted with
discretion amounting to lack of jurisdiction
d.
There must be no appeal or other plain, speedy and adequate remedy
iii.
grave abuse of
iv.
v.
Prohibition
a. Definition A writ issued by a superior court and directed against an
inferior court, corporation, board, officer or other person whether
exercising judicial, quasi0judicial or ministerial functions for the
purpose of preventing the latter from usurping jurisdiction with which
it is not legally vested
b. Requisites
vi.
Mandamus
a. Nature A writ issued in the name of the State, to an inferior
tribunal, corporation, board or person, commanding the
performance of an act which the law enjoins as a duty resulting from
an office, trust or station
b. Requisites
There must be a clear legal right or duty
The act to be performed must be practical Within the
powers of the respondent to perform such that if the writ of
mandamus was issued, he can comply with it
Respondent must be exercising a ministerial duty
The duty or act to be performed must be existing
There is no other plain, speedy and adequate remedy in the
ordinary course of law.
vii.
Injunctive relief The petition shall not interrupt the course of the principal
case unless a temporary restraining order or a writ of preliminary injunction
has been issued against the public respondent from further proceeding in
the case
viii.
ix.
Prohibition
- without jurisdiction
- in excess of jurisdiction
With grave abuse of discretion
amounting to lack or excess of
jurisdiction
Purpose is to have respondent
desist from further proceeding
Mandamus
Entity or person is all
have unlawfully:
- neglected a ministe
- excluded another fr
office
x.
Quo Warranto
i.
ii.
iii.
iv.
Appointive Office
Issue is the validity of appointment
The court will oust the person illegally a
and will order the seating of the person
legally appointed and entitled to the off
Must be filed within 1 year from the pet
ouster from the office
The petitioner must be the person entit
office
v.
vi.
Parties
Person who claims to be entitled thereto
Respondent
a. A person who usurps, intrudes into, or unlawfully holds or
exercises a public office, position or franchise
b. A public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture of his
office
c. An association which acts as a corporation within the
Philippines without being legally incorporated or without
lawful authority so to act
Period to file Within 1 year from ouster from office
vii.
viii.
Judgment in quo warranto action when the court finds that there is indeed
a usurpation, judgment shall be rendered that the respondent be ousted and
altogether excluded therefrom, and that petitioner or relator, as the case
may be, recover his costs.
ix.
x.
Venue
1. The action can be brought in the SC, Ca or RTC exercising
jurisdiction over the territorial area where respondent resides or any
of the respondent resides
2. If commenced by the SG, it may be filed with the RTC of Manila, CA
or SC
Expropriation
i.
ii.
iii.
ii.
Extra-judicial
No court intervention
Right of Redemption
Act 3135
No deficiency judgment because there i
proceeding but recovery of deficiency is
Recovery of deficiency by independent a
Right of Redemption
Right of debtor, his successor in interest
judicial creditor or judgment creditor of s
or any person having a lien on the prope
subsequent to the mortgage or deed of
which the property is sold to redeem the
within 1year from the registration of the
certificate of foreclosure sale
Period is 1 year from date of registration
certificate sale
Sec. 29-31 Rule 39
v.
Jurisdiction court with jurisdiction over the area where the property is
situated
Partition
i.
ii.
Prescription of action
Definition
Distinction
Forcible Entry
Possession of the land by the
defendant is unlawful from the
beginning
No previous demand to vacate is
required
Plaintiff must prove that he was in
prior physical possession of the
premises until he was deprived
thereof by the defendant
1 year period is counted from the
date of actual entry on the land
Unlawful Detainer
Possession is inceptively lawful but it
becomes illegal by reason of the
termination of his right to the
possession of the property under his
contract with the plaintiff
Demand is jurisdictional if the ground
is non-payment of rentals or failure to
comply with lease contract
Plaintiff need not have been in prior
physical possession
Period is counted from the date of
last demand
Accion Publiciana
A plenary action for the recovery
of the real right of possession
when the dispossession has
lasted for more than one year
RTC has jurisdiction if the value
of the property exceeds Php.
Accion Reinvidicatoria
An action for the recov
ownership which nece
includes the recovery
possession
RTC has jurisdiction if
of the property exceed
Who may institute the action and when; against whom the action may be
maintained
Who:
Forcible Entry A person deprived of possession of any land or
building by force, intimidation, threat, strategy or stealth
Unlawful Detainer Lessor, vendor, vendee or other person
against whom possession of any land or building is unlawfully
withheld; Legal representatives or assigns of any such lessor,
vendor, vendee or other person against whom possession of any
land or building is unlawfully withheld
Contempt
i.
Kinds of contempt
a. Direct Contempt Contempt committed in the presence of or so near
a court
b. Indirect Contempt Contempt not committed within the presence of
the court
ii.
c.