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1. Limitations on the rule-making power then pending, EXCEPT to the extent that in the
of the Supreme Court opinion of the Court their application would not be
78 feasible or would work injustice. [Riano citing Rule
114]
Sec 5(5) of Art. VIII of the Constitution sets forth
the limitations to the power: [SUS]
- that the rules shall provide a simplified and D. Nature of Philippine Courts
inexpensive procedure for speedy disposition
of cases; 1. Meaning of a court
- that the rules shall be uniform for courts of
the same grade; and Definition
- that the rules shall not diminish, increase or A court is an organ of the government belonging to
modify substantive rights. the judicial department, the function of which is
the application of the laws to controversies
2. Power of the Supreme Court to amend brought before it (and) as well as the public
and suspend procedural rules administration of justice.
Generally, the term describes an organ of the
Power to amend remedial laws government consisting of one person or of several
The constitutional faculty of the Court to persons, called upon and authorized to administer
promulgate rules of practice and procedure justice. It is also the place where justice is
necessarily carries with it the power to overturn administered. [Riano citing Black’s and Am. Jur.
judicial precedents on points of remedial law and C. J. S.]
through the amendment of the Rules of Court.
[Pinga v Heirs of Santiago (2006)]. 2. Court as distinguished from a judge
The SC has the sole prerogative to amend, repeal, Court Judge
or even establish new rules for a more simplified Tribunal officially Simply an officer of such
and inexpensive process, and the speedy assembled under tribunal
disposition of case [Neypes v CA (2005)] authority of law
An organ of the Person who sits in court
Power to suspend remedial laws government with a
It is within the inherent power of the Supreme personality separate and
Court to suspend its own rules in a particular case distinct from judge
in order to do justice [De Guia v De Guia (2001)]. An office A public officer [Riano]
When the operation of rules will lead to an
injustice or if their application tends to subvert
The circumstances of the court are not affected by
and defeat instead of promote and enhance
the circumstance that would affect the judge. The
justice, their suspension is justified [Republic v CA
continuity of a court and the efficacy of its
(1978)].
proceedings are not affected by the death,
There is no absolute rule as to what constitutes
resignation, or cessation from the service of the
good and sufficient cause that will merit
judge presiding over it. In other words, the judge
suspension of the rules. The matter is
may resign, become incapacitated, or be disqualified
discretionary upon the Court [Republic v Imperial
to hold office, but the court remains. The death of
Jr. (1999)].
the judge does not mean the death of the court
[Riano citing ABC Davao Auto Supply v. CA (1998)].
The bare invocation of "the interest of substantial
justice" is not a magic wand that will
automatically compel this Court to suspend 3. Classification of Philippine courts
procedural rules [Ramos v Sps Lavendia (2008)].
NOTE: Please see succeeding subsections for
Procedural rules are not to be belittled or discussions on a to d.
dismissed simply because their non-observance a. Courts of law and equity
may have resulted in prejudice to a party's
substantive rights. Like all rules, they are required b. Courts of Original and Appellate jurisdiction
to be followed except only for the most persuasive
of reasons when they may be relaxed to relieve a c. Courts of General and Special jurisdiction
litigant of an injustice not commensurate with the
degree of his thoughtlessness in not complying d. Constitutional and statutory courts
with the procedure prescribed. [Polanco v Cruz
(2009)]. e. Superior and Inferior courts
Superior courts – Courts which have the power
NOTE: Although not laws in the technical sense of of review or supervision over another and lower
the term, Rules of Court, promulgated by authority court.
of law, have the force and effect of law. [Riano Inferior courts – Those which, in relation to
citing Shioji v Harvey (1922)] another court, are lower in rank and subject to
review and supervision by the latter. [Regalado]
Applicability: Prospective
The Rules of Court shall govern cases brought after f. Courts of record and not of record
they take effect, and also all further proceedings
REMEDIAL LAW REVIEWER
Courts of record – Those whose proceedings are appropriate courts. [Riano citing Santiago v.
enrolled and which are bound to keep a written Vasquez]
record of all trials and proceedings handled by The principle is an established policy necessary
them. [Regalado] One attribute of a court of to avoid inordinate demands upon the Court’s 79
record is the strong presumption as to the time and attention which are better devoted to
veracity of its records that cannot be those matters within its exclusive jurisdiction,
collaterally attacked except for fraud. All and to preclude the further clogging of the
Philippine courts, including inferior courts, are Court’s docket [Lim v. Vianzon (2006)].
now courts of record. [Riano] When the doctrine/principle may be
Courts not of record – Courts which are not disregarded: A direct recourse of the Supreme
required to keep a written record or transcript Court’s original jurisdiction to issue writs
of proceedings held therein. (referring to the writs of certiorari, prohibition,
or mandamus) should be allowed only when
4. Courts of original and appellate there are special and important reasons
jurisdiction therefor, clearly and specifically set out in the
petition. [Mangahas v. Paredes (2007)]. The
Supreme Court may disregard the principle of
Courts of original jurisdiction – Those courts in
hierarchy of courts if warranted by the nature
which, under the law, actions or proceedings
and importance of the issues raised in the
may be originally commenced.
interest of speedy justice and avoid future
Courts of appellate jurisdiction – Courts which
litigations [Riano].
have the power to review on appeal the
decisions or orders of a lower court. [Regalado]
9. Doctrine of non-interference or
5. Courts of general and special doctrine of judicial stability
jurisdiction
The principle holds that courts of equal and
coordinate jurisdiction cannot interfere with
Courts of general jurisdiction – Those competent
each other’s orders [Lapu-lapu Development
to decide their own jurisdiction and to take
and Housing Corp. v. Group Management Corp.]
cognizance of all kinds of cases, unless
The principle also bars a court from reviewing or
otherwise provided by the law or Rules.
interfering with the judgment of a co-equal
Courts of special or limited jurisdiction – Those
court over which it has no appellate jurisdiction
which have no power to decide their own
or power of review [Villamor v. Salas].
jurisdiction and can only try cases permitted by
The doctrine of non-interference applies with
statute. [Regalado]
equal force to administrative bodies. When the
law provides for an appeal from the decision of
6. Constitutional and statutory courts an administrative body to the SC or CA, it means
that such body is co-equal with the RTC in terms
Constitutional courts – Those which owe their of rank and stature, and logically beyond the
creation and existence to the Constitution and, control of the latter [Phil Spinster Corp. v.
therefore cannot be legislated out of existence Cagayan Electric Power].
or deprived by law of the jurisdiction and
powers unqualifiedly vested in them by the
Constitution. e.g. Supreme Court;
Sandiganbayan is a constitutionally-mandated JURISDICTION
court but created by statute. A. Jurisdiction over the parties
Statutory courts – Those created, organized and
B. Jurisdiction over the subject matter
with jurisdiction exclusively determined by law.
[Regalado] C. Jurisdiction over the issues
D. Jurisdiction over the res or property in
7. Courts of law and equity litigation
E. Jurisdiction of Courts
Philippine courts are both courts of law and equity. F. Jurisdiction over small claims, cases
Hence, both legal and equitable jurisdiction is covered by the rules on Summary
dispensed with in the same tribunal [U.S. v. Procedure and Barangay Conciliation
Tamparong (1998)] G. Totality Rule
To determine WON there has been a grave abuse - fixed by agreement of the parties;
of discretion amounting to lack or excess of - cannot be acquired through, or waived,
80 jurisdiction on the part of any government enlarged or diminished by, any act or omission
branch/ instrumentality. of the parties;
- neither can it be conferred by the
All courts exercise judicial power. Only the Supreme acquiescence of the court [Regalado citing De
Court is the court created by the Constitution [Art 8, Jesus v Garcia (1967)].
Sec. 1, Consti]. The Sandiganbayan is a - cannot be subject to compromise (Civil Code,
Constitutionally mandated court, but it is created by Art 2035)
statute. [PD 1486] Jurisdiction over the subject matter is
determined by the allegations of the complaint.
Jurisdiction in general It is not affected by the pleas set up by the
defendant in the answer or in the answer or in a
motion to dismiss. [Sindico v. Diaz (2004)].
A. Jurisdiction over the parties Once attached to a court, it cannot be ousted
by subsequent statute.
NOTE: The mode of acquisition of jurisdiction over - Exception: The statute itself conferring new
the plaintiff and the defendant applies both to jurisdiction expressly provides for retroactive
ordinary and special civil actions. effect. [Southern Food v. Salas (1992)]
The filing of the complaint or appropriate
1. How jurisdiction over the plaintiff is initiatory pleading and the payment of the
acquired prescribed docket fee vest a trial court with
jurisdiction over the subject matter or the
Jurisdiction over the plaintiff is acquired by filing of nature of the action [CB v. CA (1992)](2008 Bar
the complaint or petition. By doing so, he submits Exam).
himself to the jurisdiction of the court [Davao Light - Exception: Non-payment of docket fee does
& Power Co., Inc. v CA]. not automatically cause the dismissal of the
case on the ground of lack of jurisdiction as
2. How jurisdiction over the defendant is long as the fee is paid within the applicable
prescriptive or reglementary period, more so
acquired when the party involved demonstrates a
willingness to abide by the rules prescribing
Acquired by the (1) voluntary appearance or
such payment. [Go v. Tong (2003)]
submission by the defendant or respondent to
the court or (2) by coercive process issued by
the court to him, generally by the service of 2. Jurisdiction versus the exercise of
summons [de Joya v Marquez (2006), citing jurisdiction
Regalado]
In an action in personam, jurisdiction over the Jurisdiction: the authority to hear and
person is necessary for the court to validly try determine a cause — the right to act in a case.
and decide the case, while in a proceeding in [Arranza v. BF Homes (2000)].
rem or quasi in rem, jurisdiction over the person - ‘Exercise of Jurisdiction.’: the exercise of this
of the defendant is not a prerequisite to confer power or authority
jurisdiction on the court provided the latter has Jurisdiction is distinct from the exercise
jurisdiction over the res [Alba v. CA]. thereof. Jurisdiction is the authority to decide a
case and not the decision rendered therein.
B. Jurisdiction over the subject When there is jurisdiction over the subject
matter, the decision on all other questions
matter arising in the case is but an exercise of
jurisdiction. [Herrera v Baretto et al (1913)]
1. Meaning of jurisdiction over the
subject matter 3. Error of jurisdiction as distinguished
from error of judgment
Jurisdiction over the subject matter is the power to
deal with the general subject involved in the action, Error of jurisdiction Error of judgment
and means not simply jurisdiction of the particular It is one where the act It is one which the court
case then occupying the attention of the court but complained of was issued may commit in the
jurisdiction of the class of cases to which the by the court without or in exercise of its
particular case belongs (Riano citing CJS). excess of jurisdiction jurisdiction [Cabrera v.
[Cabrera v. Lapid Lapid].
It is the power to hear and determine cases of the (2006)].
general class to which the proceedings in question It includes errors of
belong [Reyes v. Diaz (1941)] procedure or mistakes in
the court’s mistakes in
How conferred and determined the court’s findings
It is conferred only by the Constitution or the [Banco Filipino Savings
law. v. CA (2000)]
Jurisdiction CANNOT be:
REMEDIAL LAW REVIEWER
Correctible only by the Correctible by appeal Earliest opportunity of a party to raise the issue
extraordinary writ of [Cabrera v Lapid] of jurisdiction is in a motion to dismiss filed
certiorari [Cabrera v before the filing or service of an answer. Lack of
Lapid] jurisdiction over subject matter is a ground for a 81
Renders a judgment void Ground for reversal only motion to dismiss. If no motion is filed, the
or voidable [Rule 16 Sec. if it is shown that defense of lack of jurisdiction may be raised as
1, Rule 65] prejudice has been an affirmative defense in the answer. [Riano
caused [Banco Español- citing Sec. 1(b) and 6 of Rule 16].
Filipino v Palanca Jurisdiction over subject matter may be raised
(1918)] at any stage of proceedings, even for the first
time on appeal [Calimlim v. Ramirez (1982)]
4. How jurisdiction is conferred and
determined 8. Effect of estoppel on objections to
jurisdiction
Jurisdiction being a matter of substantive law, the
statute in force at the time of the commencement Jurisdiction by estoppel
of the action determines the jurisdiction of the General Rule: Estoppel does not apply to confer
court. jurisdiction to a tribunal that has none over a cause
of action. Jurisdiction is conferred by law. Where
5. Doctrine of primary jurisdiction there is none, no agreement of the parties can
provide one. Settled is the rule that the decision of a
Courts cannot and will not resolve a controversy tribunal not vested with appropriate jurisdiction is
involving a question which is within the null and void. [SEAFDEC-AQD v. NLRC (1992)]
jurisdiction of an administrative tribunal,
especially where the question demands the Exception: Participation in all stages of the case
exercise of sound administrative discretion before the trial court, that included invoking its
requiring the special knowledge, experience and authority in asking for affirmative relief, effectively
services of the administrative tribunal to barred petitioner by estoppel from challenging the
determine technical and intricate matters of court’s jurisdiction. [Soliven v. Fastforms (2004)]
fact [Paloma v. Mora (2005)].
Objective is to guide a court in determining C. Jurisdiction over the issues
whether it should refrain from exercising its
jurisdiction until after an administrative agency The power of the court to try and decide issues
has determined some question or some aspect of raised in the pleadings of the parties [Reyes v.
some question arising in the proceeding before Diaz (1941)]
the court [Riano citing Omictin v. CA (2007)] How conferred & determined:
- Pleadings filed by the parties,
6. Doctrine of adherence of jurisdiction - Agreement in a pre-trial order or stipulation
[Rule 18, Sec. 2], or
Also known as doctrine of continuity of - Implied consent as by the failure of a party to
jurisdiction object to evidence on an issue not covered by
The court, once jurisdiction has been acquired, the pleadings in Rule 10, Sec. 5. [Regalado]
retains that jurisdiction until it finally disposes
of the case [Bantua v. Mercader (2001)].
As a consequence, jurisdiction is not affected by
D. Jurisdiction over the res or
a new law placing a proceeding under the property in litigation
jurisdiction of another tribunal, EXCEPT:
- where there is an express provision in the Refers to the court’s jurisdiction over the thing
statute or the property which is the subject of the
- the statute is clearly intended to apply to litigation.
actions pending before its enactment [Riano Acquired either by
citing People v. Cawaling]. - actual or constructive seizure by the court of
Jurisdiction being a matter of substantive law, the thing in question, thus placing it in
the statute in force at the time of the custodia legis (e.g.attachment or
commencement of the action determines the garnishment) or
jurisdiction of the court. [Municipality of - by provision of law which recognizes in the
Kananga v Madrona (2003)] court the power to deal with the property or
subject-matter within its territorial
7. Objections to jurisdiction over the jurisdiction (e.g. land registration) [Regalado]
subject matter
The Court may ex mero motu, or on its own
initiative take cognizance of lack of jurisdiction
[Fabian v. Desierto (1998)].
REMEDIAL LAW REVIEWER
BUT! Offenses or felonies where the principal Whenever, in any case decided, the death
amount of taxes and fees, exclusive of charges and penalty shall have been imposed, the records
84 penalties, claimed is less than P1,000,000.00 or shall be forwarded to the SC whether the
where there is no specified amount claimed shall be accused shall have appealed or nor, for review
tried by the regular Courts and the jurisdiction of and judgment. [PD 1606 Sec 7]
the CTA shall be appellate.
a. Original Exclusive Jurisdiction
Any provision of law or the Rules of Court to the
contrary notwithstanding, the criminal action and Violations of RA 3019 (Anti-graft and Corrupt
the corresponding civil action for the recovery of Practices Law);
civil liability for taxes and penalties shall at all times RA 1379 (Forfeiture of Illegally Acquired
be simultaneously instituted with, and jointly Wealth);
determined in the same proceeding by the CTA, the Crimes by public officers or employees
filing of the criminal action being deemed to embraced in Ch. II, Sec.2 Title VII, Bk. II of the
necessarily carry with it the filing of the civil action, RPC (Crimes committed by Public Officers)
and no right to reserve the filling of such civil action namely:
separately from the criminal action will be - Direct Bribery under Art. 210 as amended by
recognized. BP 871, May 29, 1985;
- Indirect Bribery under Art. 211 as amended by
c. Exclusive appellate jurisdiction in criminal BP 871, May 29, 1985;
offenses: - Qualified Bribery under Art. 211-A as
amended by RA 7659, Dec. 13, 1993;
Over appeals from the judgments, resolutions or - Corruption of public officials under Art. 212
orders of the RTCs in tax cases originally where one or more of the accused are
decided by them, in their respected territorial officials occupying the following positions in
jurisdiction. the government whether in a permanent,
Over petitions for review of the judgments, acting or interim capacity, at the time of the
resolutions or orders of the RTCs in the exercise commission of the offense:
of their appellate jurisdiction over tax cases o Officials of the executive branch occupying
originally decided by the MeTCs, MTCs and the positions of regional director and
MCTCs in their respective jurisdiction. higher, otherwise classified as Grade 27 and
higher, of the Compensation and Position
d. Jurisdiction over tax collection cases as Classification Act of 1989 Republic Act No.
herein provided: 6758) specifically including:
o Provincial governors, vice-governors,
General rule: Exclusive original jurisdiction in tax members of the sangguniang panlalawigan,
collection cases involving final and executory provincial treasurers, assessors, engineers
assessments for taxes, fees, charges and penalties: and other provincial department heads;
o City mayors, vice-mayors, members of the
BUT! collection cases where the principal amount of sangguniang panglungsod, city treasurers,
taxes and fees, exclusive of charges and penalties, assessors, engineers and other department
claimed is less than P1,000,000.00 shall be tried by heads;
the proper MTC, MeTC and RTC o Officials of the diplomatic service occupying
the position of consul and higher;
e. Exclusive appellate jurisdiction in tax o Philippine Army and Air force colonels,
naval captains and all officers of higher
collection cases: rank;
o Officers of the PNP while occupying the
Over appeals from the judgments, resolutions or
position of Provincial Director and those
orders of the RTCs in tax collection cases originally
holding the rank of Senior Superintendent
decided by them, in their respective territorial
or higher;
jurisdiction.
o City and provincial prosecutors and their
assistants; officials and the prosecutors in
Over petitions for review of the judgments,
the Office of the Ombudsman and special
resolutions or orders of the RTCs in the Exercise of
prosecutor ;
their appellate jurisdiction over tax collection cases
o President, directors or trustees or managers
originally decided by the MeTCs, MTCs and MCTCs, in
of government owned or controlled
their respective jurisdiction."
corporations, state universities or
educational institutions or foundations;
NOTE: RA9282 elevated CTA’s rank to the level of
- Members of Congress and Officials thereof
the Court of Appeals with special jurisdiction.
classified as Grade 27 and up under the
Compensation and Classification Act of 1989;
4. Sandiganbayan [Sec.4 of RA 8249] - Members of the Judiciary without prejudice to
the provision of the Constitution;
Decisions and final orders of the Sandiganbayan - Chairmen and members of Constitutional
shall be subject to review on certiorari by the Commissions, without prejudice to the
Supreme Court in accordance with Rule 45 of provision of the Constitution;
the Rules.
REMEDIAL LAW REVIEWER
deciding the issue of ownership, the issue of other auxiliary writs and processes in aid of its
ownership shall be resolved only to determine appellate jurisdiction.
the issue of possession.
- That the MeTC has jurisdiction even in cases b. Concurrent Jurisdiction with Civil Courts 87
where the issue of possession is closely
intertwined with the issue of ownership is now Petitions by Muslim for the constitution of a
a settled doctrine in ejectment proceedings. family home, change of name and commitment
[Heirs of B. Hernandez v. Vergara (2006)] of an insane person to an asylum;
All other personal and legal actions not
All civil actions that involve title to, or mentioned in paragraph 1 (d) wherein the
possession of, real property (or any interest parties involved are Muslims except those for
therein) where the assessed value of the forcible entry and unlawful detainer, which shall
property (or interest therein) does not exceed fall under the exclusive jurisdiction of the
P20K or P50K (in civil actions in Metro Manila). Municipal Circuit Court; and
- Value excludes interest, damages of whatever All special civic actions for interpleader or
kind, attorney’s fees, litigation expenses and declaratory relief wherein the parties are
costs Muslims or the property involved belongs
- If land is not declared for taxation purposes, exclusively to Muslims
the value of such property shall be
determined by the assessed value of the Shari’a Circuit Courts are courts where Muslims can
adjacent lots. file cases involving the following:
Offenses defined and punished under PD 1083
All civil cases subject to summary procedure. Disputes relating to :
- Marriage
b. Delegated Jurisdiction in Cadastral and - Divorce
Land Registration Cases [Sec. 34, BP 129] - betrothal or breach of contract to marry
- customary dower (mahr)
Lots where there is no controversy/ opposition; - disposition and distribution of property upon
or divorce
Contested lots the value of which does not - maintenance and support and consolatory
exceed P100K. gifts (mut’a)
- The value is to be ascertained: - restitution of marital right
o By the claimant’s affidavit; - Disputes relative to communal properties
o By agreement of the respective claimants,
if there are more than one; NOTE: The Shari’a District Court or the Shari’a
o From the corresponding tax declaration of Circuit Court may constitute an Agama Arbitration
the real property. Council to settle certain cases amicably and without
- MTC decisions in cadastral and land formal trial.
registration cases are appealable in the same
manner as RTC decisions. The Council is composed of the Clerk of Court as
Chairperson and a representative of each of the
8. Shariah Courts conflicting parties.
3. Scope
G. Totality Rule
88 This rule governs the procedure in actions before the
Metropolitan trial Courts, Municipal Trial Courts in Where there are several claims or causes of actions
Cities, Municipal Trial Courts and Municipal Circuit between the same or different parties, embodied in
Trial Courts for payment of money where the value the same complaint, the amount of the demand shall
of the claim does not exceed One Hundred Thousand be the totality of the claims in all the causes of
Pesos (P100,000.00) exclusive of interest and costs. action, irrespective of whether the causes of action
[Sec. 2, Scope] arose out of the same or different transaction [Riano
citing Pantranco North Express v Standard Insurance
4. Applicability (2005)]
Personal Actions: All other actions are personal 7. Actions in rem, in personam and quasi
actions. [Rule 4, Sec.2] in rem
Importance of Distinction: for purposes of [Riano citing Domagas v. Jensen, (2005) and Biaco v.
determining the venue of the action (Riano) Philippine Countryside Rural Bank, (2007)]
Real actions shall be commenced and tried n the
proper court which has jurisdiction over the Action in rem Action in Action
area wherein the real property involved, or a personam quasi in rem
portion thereof, is situated. [Rule 4, Sec.1] Directed Directed Directed
Personal actions may be commenced and tried against the against against
where the plaintiff or any of the principal thing itself particular particular
plaintiffs resides, or where the defendant or any persons persons
of the principal defendants resides, or in the Jurisdiction Jurisdiction Jurisdiction
case of a non-resident defendant, where he may over the person over the person over the person
be found, at the election of the plaintiff. [Rule of the of the of the
4, Sec.2] defendant is defendant is defendant is
NOT required required not required as
NOTE: Not every action involving a real property is a long as
real action because the realty may only be jurisdiction
incidental to the subject matter of the suit. To be a over the res is
real action, it is not enough that the action must acquired
deal with real property. It is important that the
REMEDIAL LAW REVIEWER
A failure to state a cause of action is not the only 1 cause of action arises. [Joseph v. Bautista
same as an absence or a lack of cause of action. (1989)]
The former refers to an insufficiency in the
allegations of the complaint while the latter For a single cause of action or violation of a right, 91
refers to the failure to prove or to establish by the plaintiff may be entitled to several reliefs. It is
evidence one’s stated cause of action. (Riano) the filing of separate complaints for these several
reliefs that constitutes splitting up of the cause of
4. Test of the sufficiency of a cause action which is proscribed by Rule 2, Sec. 3 and 4.
[City of Bacolod v. SM Brewery (1969)]
of action
Whether or not admitting the facts alleged, the 6. Joinder and misjoinder of causes of
court could render a valid verdict in accordance with action
the prayer of the complaint [Santos v. de Leo (2005)]
Joinder of Cause of Action: It is the assertion of as
5. Splitting a single cause of action many causes of action as a party may have against
another in one pleading alone. It is also the process
and its effects of uniting 2 or more demands or rights of action in
one action. [Riano citing Rule 2, Sec. 5 and CJS]
Definition: The act of instituting two or more suits
on the basis of the same cause of action. [Rule 2, Purpose: promote the policy on avoiding multiplicity
Sec.4] of suits.
The act of dividing a single or indivisible cause of The rule however is purely permissive as the plaintiff
action into several parts or claims and bringing can always file separate actions for each cause of
several actions thereon. (Regalado) action. [Baldovir vs. Sarte, 36 Phil. 550]
Effects of splitting a cause of action: [Taken from Requisites [Rule 2, Sec. 5]:
2011 Reviewer] The party joining the causes of action must
The filing of one or a judgment upon the merits comply with the rules on joinder of parties;
in any one is available as a ground for the The joinder shall not include special civil actions
dismissal of the others. [Rule 2, Sec.4] or actions governed by special rules;
Filing of the 1st complaint may be pleaded in Where causes of action are between the same
abatement of the 2nd complaint, on the ground parties but pertain to different
of litis pendentia; or venues/jurisdictions, the joinder may be
A judgment upon the merits in any of the allowed in the RTC provided one of the causes
complaints is available as ground for dismissal of of action are within the RTC’s jurisdiction and
the others based on res judicata. the venue lies therein;
A MTD under Rule 16 Sec. 1(e) or (f) may be TOTALITY RULE - Where the claims in all the
filed in order that the complaint may be causes of action are principally for recovery of
dismissed. money, the aggregate amount claimed shall be
the test of jurisdiction.
Basis: A party may not institute more than one suit
for a single cause of action. [Rule 2, Sec. 3] Misjoinder of causes of action [Rule 2, Sec. 6]
Misjoinder of causes of action is not a ground for
Purpose [City of Bacolod v. SM Brewery (1969)] dismissal of an action.
To prevent repeated litigation between the A misjoined cause of action may, on motion or
same parties in regard to the same subject or motu propio, be severed and proceeded with
controversy; separately.
To protect the defendant from unnecessary There is no sanction against non-joinder of
vexation. Nemo debet vexare pro una et eadem separate causes of action since a plaintiff needs
causa (No man shall be twice vexed for one and only a single cause of action to maintain an
the same cause); action (Regalado).
To avoid the costs and expenses incident to
numerous suits.
although a right to relief against one may be had been made in the honest conviction that it
inconsistent with a right to relief against the was proper and the subsequent dropping is
94 other. requested because it has turned out that such
inclusion was a mistake. [Riano citing Lim Tan
2. Compulsory and permissive joinder Hua v. Ramolete(1975)]
of parties
4. Class suit
Compulsory joinder of indispensable parties
[Rule 3, Sec 7] Requisites [Rule 3, Sec. 12]
- Parties in interest without whom no final - Subject matter of the controversy is one of
determination can be had of an action shall common/general interest to many persons;
be joined either as plaintiffs or defendants - The persons are so numerous that it is
Permissive joinder [Rule 3, Sec. 6] impracticable to join them all as parties (i.e.
- Parties can be joined, as plaintiffs or impracticable to bring them all before the
defendants, in one single complaint or may court);
themselves maintain or be sued in separate - Parties bringing the class suit are sufficiently
suits. numerous and representative of the class and
can fully protect the interests of all
Requisites (Regalado): concerned;
- Right to relief arises out of the same - The representative sues/defends for the
transaction or series of transactions; benefit of all.
Note: SERIES OF TRANSACTIONS – Transactions
connected with the same subject matter of Any party in interest shall have the right to
the suit. intervene to protect his individual interest.
- There is a question of law or fact common to [Rule 3, Sec. 12]
all the plaintiffs or defendants;
- Such joinder is not otherwise proscribed by If a class suit is improperly brought, the action
the rules on jurisdiction and venue. is subject to dismissal regardless of the cause of
action [Rule 16, Sec 1 (d)].
3. Misjoinder and non-joinder of A taxpayer's suit or a stockholder's derivative
parties suit is in the nature of a class suit, although
subject to the other requisites of the
A party is misjoined when he is made a party to corresponding governing law especially on the
the action although he should not be impleaded. issue of locus standi. [Regalado]
A party is not joined when he is supposed to be
joined but is not impleaded in the action. There is no class suit in an action filed by
(Riano) associations of sugar planters to recover
Neither misjoinder nor non-joinder of parties is damages in behalf of individual sugar planters
a ground for dismissal of an action. [Rule 3, Sec. for an allegedly libelous article in an
11] international magazine. There is no common or
Parties may be dropped or added by order of the general interest in reputation of a specific
court on motion of any party or on its own individual. Each of the sugar planters has a
initiative at any stage of the action and on such separate and distinct reputation in the
terms as are just. [Rule 3, Sec.11] community not shared by the others. [Riano
Any claim against a misjoined party may be citing Newsweek, Inc. v. Intermediate Appellate
severed and proceeded with separately. [Rule 3, court (1986)]
Sec. 11]
Non-joinder of an indispensable party is not a A class suit does not require a commonality of
ground for outright dismissal. Reasonable interest in the questions involved in the suit.
opportunity must be given for his inclusion by What is required by the Rules is a common or
amendment of the complaint [Cortez v Avila general interest in the subject matter of the
(1957)]. litigation. [Riano citing Mathay v. Consolidated
Objections to defects in parties should be made Bank &Trust Company (1974)]
at the earliest opportunity.
The moment such defect becomes apparent, a Class Suit Permissive Joinder of
motion to strike the names of the parties must Parties
be made. There is a single cause of There are multiple
Objections to misjoinder cannot be raised for action pertaining to causes of action
the first time on appeal [Regalado citing Garcia numerous persons. separately belonging to
v Chua]. several persons.
The rule on misjoinder or non-joinder of parties
does not comprehend whimsical and irrational CLASS SUIT AND DERIVATIVE SUIT, COMPARED
dropping or adding of parties in a complaint. (Asked in the 2005 Bar Examination)
What it really contemplates is erroneous or CLASS SUIT DERIVATIVE SUIT
mistaken non-joinder and misjoinder or parties.
The rule presupposes that the original inclusion
REMEDIAL LAW REVIEWER
When the subject matter An action brought by - The court may appoint a guardian ad litem for
of the controversy is one minority shareholders in the minor heirs.
of common or general the name of the
interest to many corporation to redress - The court shall order the legal 95
persons, and the parties wrongs committed representative(s) to appear and be
are so numerous that it against it, for which the substituted within 30 days from notice.
is impracticable to bring directors refuse to sue. - If no legal representative is named or if the
them all before the one so name shall fail to appear within the
court, one or more may It is a remedy designed specified period, the court may order the
sue or defend for the by equity and has been opposing party to procure the appointment of
benefit of all. [Rule 3, the principal defense of an executor or administrator for the estate.
Sec. 12] the minority
shareholders against - The substitute defendant need not be
abuses by the majority. summoned. The order of substitution shall be
served upon the parties substituted for the
In a derivative action, court to acquire jurisdiction over the
the real party in interest substitute party [Ferreria v Vda de Gonzales
is the corporation itself, (1986].
not the shareholders who
actually instituted it Death or separation of a party who is a public
[Lim vs. Lim Yu (2001)) officer [Rule 3, Sec. 17]
Requisites:
5. Suits against entities without - Public officer is a party to an action in his
official capacity;
juridical personality - During the pendency of the action, he either
dies/resigns or otherwise ceases to hold
Requisites [Rule 3, Sec.15] office;
There are 2 or more persons not organized as a - It is satisfactorily shown to the court by any
juridical entity; party, within 30 days after the successor takes
They enter into a transaction; office,
A wrong is committed against a 3rd person in o that there is a substantial need to
the course of such transaction. continue/maintain the action and
o The successor adopts/continues (or
Effect: Persons associated in an entity without threatens to do so) his predecessor’s action
juridical personality may be sued under the name by - The party or officer affected was given
which they are generally/commonly known, but they reasonable notice of the application therefore
cannot sue under such name. [Rule 3, Sec. 15] and accorded an opportunity to be heard.
The service of summons may be effected upon all Action on contractual money claims [Rule 3, Sec.
the defendants by serving upon any of them, or upon 20]
the person in charge of the office or place of Requisites:
business maintained under such name. [Rule 14, Sec. - The action must primarily be for recovery of
8] money/debt or interest thereon;
- The claim arose from express/implied
6. Effect of death of party litigant [this contract;
section is taken from the 2011 Reviewer] - Defendant dies before the entry of final
judgment in the court in which the action was
Substitution of parties pending.
Death of a party, where the claim is not The defendant’s death will not result in the
extinguished by the death of the party (e.g. dismissal of the action.
cases involving property and property rights The deceased shall be substituted by his legal
[Bonilla v Barcena (1976)]); [Rule 3, Sec. 16] representatives in the manner provided for in
(Asked in the 1998 and 1999 Bar Exams) Rule 3, Sec. 16, and the action will continue
- Counsel’s duty: until the entry of final judgment (Asked in the
o Inform court within 30 days after such 2000 Bar Exam)
death of the fact thereof; However, execution shall not issue in favor of
o Give the name and address of the legal the winning plaintiff. It should be filed as a
representatives. claim against the decedent’s estate without
need of proving the claim.
Note: Failure to comply with this duty is a
ground for disciplinary action. Transfer of interest during the pendency of the
action [Rule 3, Sec. 19]
- The heirs may be substituted for the deceased
without requiring the appointment of an General rule: The rule does not consider the
executor or administrator. transferee an indispensable party. Hence, the
action may proceed without the need to
implead him.
REMEDIAL LAW REVIEWER
Venue is the place, or the geographical are where an 4. Venue of actions against non-
action is to be filed and tried. In civil cases, it residents [Rule 5, Sec. 3] [also taken
relates only to the place of the suit and not to the from 2011 Reviewer]
jurisdiction of the court. [Riano citing Manila
Railroad Company v. Attorney General, (1911)] Non-resident found in the Philippines –
- For personal actions – Where the plaintiff
1. Venue versus jurisdiction [Riano] resides;
- For real actions – Where the property is
Distinctions between Venue and Jurisdiction located.
(Asked in the 2006 and 2008 Bar Exams) Non-resident not found in the Philippines – An
Venue Jurisdiction action may be filed only when the case involves:
Place where the action is Power of the court to - Personal status of plaintiff - Where plaintiff
instituted hear and decide a case resides;
- Any property of said defendant located in the
May be waived Jurisdiction over the Phil. - Where the property (or any portion
subject matter and over thereof) is situated/found.
the nature of the action
is conferred by law and
cannot-be waived 5. When the rules on venue do not
Procedural Substantive apply [Rule 4, Sec. 4]
May be changed by the Is fixed by law and
written agreement of the cannot be the subject of If a specific rule/law provides otherwise (e.g.
parties the agreement of the action for damages arising from libel);
parties Stipulations as to Venue is permitted if the
Establishes a relation Establishes a relation parties have validly agreed
between plaintiff and between the court and - in writing
defendant, or petitioner the subject matter - before the filing of the action
and respondent - on the exclusive venue
Not a ground for a motu Lack of jurisdiction over
propio dismissal (except the subject matter is a In the absence of qualifying restrictive words (e.g.
in cases of summary ground for a motu “only/solely/exclusively in such court”), venue
procedure; Rule 4, Rule proprio dismissal. stipulation is merely permissive; that is, the
on Summary Procedure) stipulated venue is in addition to the venue provided
for in the rules. [Polytrade Corp. v. Blanco (1969)]
2. Venue of real actions The mere stipulation on the venue of an action,
however, is not enough to preclude parties from
Shall be commenced and tried in the proper bringing a case in other venues. The parties must be
court which has jurisdiction over the area able to show that such stipulation is exclusive. In the
wherein the real property involved, or a portion absence of qualifying or restrictive words, the
thereof is situated. [Rule 4, Sec. 1, par 1] stipulation should be deemed as merely an
Forcible entry and detainer actions shall be agreement on an additional forum, not as limiting
commenced and tried in the municipal court of venue to the specified place. [Riano citing Spouse
the municipality or city wherein the real Lantin v. Lantion, (2006)]
property involved, or a portion thereof, is
situated. [Rule 4, Sec. 1 par 2]
If the property is located at the boundaries of 2 6. Effects of stipulations on venue
places, file the case in either place (at the
plaintiff’s option). To be binding, the parties must have agreed on
If the case involves 2 properties located in 2 the exclusive nature of the venue of any
different places: prospective action between them. The
- If the properties are the object of the same agreement of parties must be restrictive and not
transaction, file it in any of the 2 places; permissive. [Regalado]
- If they are the objects of 2 distinct In the absence of qualifying restrictive words
transactions, separate actions should be filed (e.g. “only/solely/exclusively in such court”),
in each place unless properly joined. venue stipulation is merely permissive; that is,
REMEDIAL LAW REVIEWER
After the answer [Rule 11, Sec. 9] General rule: A compulsory counterclaim not set up
Counterclaims/cross-claims arising after the in the answer is deemed barred.
answer,
with the court’s permission, Exception: If it is a counterclaim which either
may be presented as a counterclaim/cross-claim matured or was acquired by a party after serving his
by supplemental pleading before judgment. answer. In this case, it may be pleaded by filing a
supplemental answer or pleading before judgment.
Rules on counterclaims [Rule 11, Sec. 9]
REMEDIAL LAW REVIEWER
Effect of failure to reply (Asked in the 2000 bar provided that the amount and nature thereof
exam) are within the coverage of this Rule and the
prescribed docket and other legal fees are paid.
General rule: Filing a reply is merely optional. New 101
facts that were alleged in the answer are deemed NOTE: Courts decision shall be contained in Form 13-
controverted should a party fail to reply thereto. SCC
appealable. [MERALCO v. La Campana Food was filed but defendant did not appear at the
Products (1995)] hearing, the award may exceed the amount or be
A petition for certiorari under Rule 65, although different in kind from that prayed for.
not a substitute for an available or lost appeal, 105
may be invoked while the orders of the lower f. Actions where default are not allowed
court are issued without or in excess of
jurisdiction. Cases where no defaults are allowed [Rule 9, Sec
Judgment by default being appealable, appeal 3(e)]
should be perfected within 15 days from receipt Annulment of marriage; Declaration of nullity of
of copy of order denying MFR of default marriage; Legal Separation;
judgment. [Oriental Media v. CA (1995)] 1) Here, the court shall order the prosecuting
A satisfactory showing by the movant of the attorney to investigate WON parties are
existence of fraud, accident, mistake or colluding and, if there is no collusion, to
excusable neglect is an indispensable intervene from the State to ensure that
requirement for the setting aside of a judgment evidence is not fabricated.
of default or an order of default. Special civil actions of certiorari, prohibition
A meritorious defense is only one of the two and mandamus, where comment (instead of an
conditions. The meritorious defense must concur answer) is required to be filed.
with the satisfactory reason for the non-
appearance of the defaulted party. If there is no Failure to appear at pre-trial
such reason, the appropriate remedy is an
ordinary appeal under Rule 41, Sec. 2. [Ramnani Who fails to Effect
v. CA (1993)] appear
The jurisdiction was properly acquired by the TC Plaintiff Cause for dismissal of the
over the defendant’s person; he was therefore action which will be with
properly declared in default for not having filed prejudice, unless otherwise
any answer. ordered by the court
Despite his failure to file a motion to set aside Defendant Cause to allow plaintiff to
the declaration of default, he has the right to present evidence ex parte, and
appeal the default judgment. court to render judgment on
But in the appeal, only the evidence of the the basis thereof
petitioner may be considered, respondent not
having adduced any defense evidence. [Boticano
Default by defendant As in default
v. Chu (1987)]
(Rule 9, Sec. 3) (failure to appear by
plaintiff) (Rule 18, Sec.
d. Effect of a partial default [Rule 9, Sec 3(c)] 5)
Upon motion and notice Not required
If the pleading asserting a claim states a common to defendant.
cause of action against several defending parties, Requires proof of failure Not required
and some of the defending parties answer while the to answer
others fail, the court shall try the case against all
Court to render Court to allow plaintiff
defendants upon the answers filed and render
judgment, unless it to present evidence ex
judgment upon the evidence presented.
requires submission of parte, then the court
evidence shall render judgment
Exception: If the defense is personal to the one who
Relief awarded must be Relief awarded may be
answered; in which case, it will not benefit those
the same in nature and of different nature and
who did not answer.
amount as prayed for in amount from the relief
the complaint prayed for
e. Extent of relief
Lesaca v. CA (1992): A defendant who already filed
Extent of relief to be awarded
an answer cannot be declared in default. Only when
The award shall not exceed the amount or be
the defendant fails to file an answer to the
different in kind from that prayed for; nor award
complaint may the court proceed to render
unliquidated damages.
judgment.
Bayog v. Natino (1996): The Revised Rules on
Rationale: It is presumed that where the relief
Summary Procedure does not provide that an answer
demanded is greater or different in kind, defendant
filed after the reglementary period should be
would not have allowed himself to be declared in
expunged from the records.
default.
As a matter of fact, there is no provision for an entry
Datu Samad Mangelen v. CA (1992): In a judgment
of default if a defendant fails to file his answer.
based on evidence presented ex parte, judgment
should not exceed the amount or be different in kind
The defense of LOJ may have even been raised by
from that prayed for.
the defendant in a MTD as an exception to the rule
on prohibited pleadings in the Revised Rule on
On the other hand, in a judgment where an answer
Summary Procedure. Such a motion is allowed under
REMEDIAL LAW REVIEWER
Barfel Development v. CA (1993): As a general subject only to the limitations that amendments
policy, liberality in allowing amendments is greatest should not substantially change the cause of
in the early stages of a law suit, decreases as it action or alter the theory of the case or made to
progresses and changes at times to a strictness delay the action. 109
amounting to a prohibition. Once exercised, it cannot be disturbed on
appeal, except in case of abuse thereof.
This is further restricted by the condition that the [Metropolitan Bank v. Presiding Judge (1990)]
amendment should not prejudice the adverse party
or place him at a disadvantage. c. Formal amendment [Rule 10, Sec. 4]
When amendment by leave of court may not be Supplemental pleadings (ASKED IN THE 2000 BAR
allowed EXAM)
If the cause of action, defense or theory of the Definition: One which sets forth transactions,
case is changed. occurrences or events which have happened since
If amendment is intended to confer jurisdiction the date of the pleading sought to be supplemented.
to the court. [Rule 10, Sec. 6]
- If the court has no jurisdiction in the subject
matter of the case, the amendment of the It is made upon motion of a party with reasonable
complaint cannot be allowed so as to confer notice and upon terms as are just.
jurisdiction on the court over the property. The cause of action stated in the supplemental
[PNB v. Florendo (1992)] complaint must be the same as that stated in the
If amendment is for curing a premature or non- original complaint. Otherwise, the court should not
existing cause of action. admit the supplemental complaint. [Asset
If amendment is for purposes of delay. Privatization Trust v. CA (1998)]
Unlike in an amended complaint, the original corresponding summons to the defendants. [Rule 14,
complaint exists side by side with the supplemental Sec. 1]
110 complaint. [Shoemart v. CA (1990)]
Contents of summons [Rule 14, Sec. 2]
Amendments Supplemental pleadings Summons must be directed to the defendant, signed
Reason for the Grounds for the by the clerk of the court under seal, and contain:
amendment is available supplemental pleading (1) Name of the court and names of the parties;
at time of the 1st arose after the 1st (2) Direction that the defendant answer within the
pleading pleading was filed time fixed;
Either as a matter of Always a matter of (3) Notice that unless the defendant so answers,
right or a matter of discretion plaintiff will take judgment by default and may
discretion be granted the relief applied for.
Supersedes the pleading Supplements the
pleading (i.e. Exists side A copy of the complaint and order for appointment
by side with the original of guardian ad litem (if any) shall be attached to the
pleading) original and each copy of the summons.
When an amended A supplemental pleading
pleading is filed, a new does not require the NOTE that jurisdiction over person of defendant may
copy of the entire filing of a new copy of also be acquired through voluntary appearance.
pleading must be filed the entire pleading
2. Voluntary appearance
f. Effect of amended pleading
General rule: Defendant's voluntary appearance in
Effect [Rule 10, Sec. 8] the action shall be equivalent to service of
Amended pleading supersedes the pleading that summons;
it amends.
Claims and defenses in superseded pleading Exception: Special appearance to file a MTD.
which are not incorporated in the amended
pleading are deemed waived. BUT inclusion in the MTD of grounds other than LOJ
Admissions made in the superseded pleading over the defendant’s person, is not deemed a
may still be received in evidence against the voluntary appearance.
pleader.
Any mode of appearance in court by a defendant or
his lawyer is equivalent to service of summons,
absent any indication that the appearance of counsel
VI. SUMMONS for petitioner is precisely to protest the jurisdiction
1. Nature and purpose of summons in of the court over the person of the defendant.
relation to actions in personam, in rem [Delos Santos v. Montesa (1993)]
and quasi in rem
2. Voluntary appearance Who serves the summons [rule 14, sec. 3]
(1) The sheriff or his deputy;
3. Personal service (2) Other proper court officers;
4. Substituted service (3) For justifiable reasons, any suitable person
5. Constructive service (by publication) authorized by the court issuing the summons.
6. Extra-territorial service, when allowed (4) Officer having management of a jail or
7. Service upon prisoners and minors institution deputized as special sheriff when
8. Proof of service defendant is a prisoner [rule 14, sec. 9]
Definition: A coercive force issued by the court to Return of summons [rule 14, sec. 4]
acquire jurisdiction over the person of the defendant When the service has been completed, the server
(asked in the 1999 Bar Exam) shall, within 5 days therefrom, serve a copy of the
return (personally or by registered mail) to the
plaintiff's counsel, and shall return the summons to
1. Nature and purpose of summons in the clerk who issued it, accompanied by proof of
relation to actions in personam, in service.
rem and quasi in rem
Alias summons [rule 14, sec. 5]
Purpose Upon plaintiff’s demand, the clerk may issue an alias
(1) To acquire jurisdiction over the person of the summons if either:
defendant in a civil case; (1) Summons is returned without being served on
(2) To give notice to the defendant that an action any/all of the defendants.
has been commenced against him. (2) Summons was lost.
Issuance of summons The server shall also serve a copy of the return on
Upon the filing of the complaint and the payment of the plaintiff's counsel within 5 days therefrom,
legal fees, the clerk of court shall issue the stating the reasons for the failure of service.
REMEDIAL LAW REVIEWER
e. Omnibus motion rule [Rule 15, Sec. 8] The purpose of a BOP is to define/
clarify/particularize/limit/circumscribe the issues in
114 Definition: A motion attacking a pleading/order/ the case to expedite the trial and assist the court.
judgment/proceeding must include all objections
then available. All objections not included in the The only question to be resolved in a motion for a
motion are deemed waived. BOP is WON the allegations in the complaint are
averred with sufficient definiteness/particularity to
Exception: When the court’s jurisdiction is in issue: enable the movant to properly prepare his
(1) LOJ over subject-matter; responsive pleading and to prepare for trial.
(2) Litis pendentia; [Tantuico, Jr. v. Republic (1991)]
(3) Res judicata;
(4) Prescription. A BOP becomes part of the pleading for which it was
intended. [Rule 12, Sec. 6]
f. Litigated and ex parte motions
When applied for [Rule 12, Sec. 1]
Kinds of Motion (1) Before responding to a pleading
(1) MOTION EX PARTE - Made without notification (2) If the pleading is a reply, within 10 days from
to the other party because the question service thereof
generally presented is not debatable.
(2) LITIGATED MOTION - Made with notice to the What a motion for bill of particulars should point
adverse party so that an opposition thereto may out [Rule 12, Sec. 1]
be made. (1) The defects complained of;
(3) MOTION OF COURSE - Motion for a kind of (2) The paragraph wherein they are contained;
relief/remedy to which the movant is entitled to (3) The details desired.
as a matter of right, Allegations contained in
such motion do not have to be b. Actions of the court [Rule 12, Sec. 2]
investigated/verified.
(4) SPECIAL MOTION - Discretion of the court is (1) Deny;
involved. An investigation of the facts alleged is (2) Grant the motion outright;
required. (3) Allow the parties the opportunity to be heard.
It hypothetically admits the facts stated in the If a defendant had not been properly summoned, the
complaint. period to file a MTD for LOJ over his person does not
commence to run until he voluntarily submits to the
It is not a responsive pleading. It is not a pleading at jurisdiction of the court. [Laus v. CA (1993)]
all. It is subject to the omnibus motion rule since it
is a motion that attacks a pleading. Hence, it must Appearance of counsel is equivalent to summons,
raise all objections available at the time of the filing unless such is made to protest the jurisdiction of the
thereof. court over the person of the defendant. If grounds
other than invalid service of summons are raised, it
General rule: A court may not motu propio dismiss a cannot be considered as a special appearance. [De
case, unless a motion to that effect is filed by a los Santos v. Montesa (1993)]
party.
ii. LOJ over the subject matter of the claim
Exception: If the complaint shows on its face LOJ, the court
(1) Cases where the court may dismiss a case motu may dismiss the case outright instead of hearing the
propio; [Rule 9, Sec. 1] motion.
(2) Failure to prosecute; [Rule 17, Sec. 3]
(3) Sec. 4, Revised Rule on Summary Procedure. A MTD on the ground of LOJover the subject matter
may be raised either:
Types of dismissal of action (1) Before answer;
(1) MTD before answer under Rule 16; (2) After answer is filed;
(2) MTD under Rule 17: (3) After hearing had commenced;
REMEDIAL LAW REVIEWER
(4) At any stage of the proceeding, even for the (a) Nature of the controversy;
first time on appeal and even if no such defense (b) Comparative accessibility of the court to
116 is raised in the answer. the parties;
(c) Other similar factors.
iii. Improper venue
Unless and until the defendant objects to the venue In both tests, the parties’ good faith shall be taken
in a MTD prior to a responsive pleading, the venue into consideration.
cannot truly be said to have been improperly laid
since, for all practical intents and purposes, the The 1st case shall be abated if it is merely an
venue though technically wrong may yet be anticipatory action or defense against an expected
considered acceptable to the parties for whose suit. The 2nd case will not be abated if it is not
convenience the rules on venue had been devised. brought to harass. [Vitrionics Computers v. RTC
Improper venue may be waived and such waiver may (1993)]
occur by laches. [Diaz v. Adiong (1993)]
vi. Res judicata
A stipulation between the parties as to venue does Requisites (Asked in the 2000 Bar Exam):
not preclude the filing of suits in the residence of (1) Former judgment rendered by a court having
plaintiff/defendant under Rule 4, Sec. 2(b). In the jurisdiction over the subject matter and over
absence of qualifying/restrictive words which would the parties;
indicate that a specific place alone is the venue, an (2) Judgment must be a final judgment;
agreement as to venue is merely permissive and (3) Judgment must be on the merits;
there is no waiver of right to pursue remedy in other There can be res judicata without a trial, such
courts. [HSBC v. Sherman (1989)] as in a judgment on the pleadings (Rule 34); a
summary judgment (Rule 35); or an order of
If the court erroneously denies the MTD, the remedy dismissal under Rule 17, Sec. 3.
is prohibition. (4) There must be identity of parties, of subject
matter and of the causes of action.
iv. Plaintiff’s lack of legal capacity to sue
The plaintiff lacks legal capacity to sue: For res judicata to apply, absolute identity of parties
(1) When he does not possess the necessary is not required because substantial identity is
qualification to appear at the trial (e.g. when sufficient. Inclusion of additional parties will not
he plaintiff is not in the full exercise of his civil affect the application of the principle of res
rights); judicata.
(2) When he does not have the character which he
claims, which is a matter of evidence (e.g. when The test of identity of cause of action lies not in the
he is not really a duly appointed administrator form of the action but on WON the same evidence
of an estate). would support and establish the former and the
present causes of action. [DBP v. Pundogar (1993)]
Lack of legal capacity to sue refers to plaintiff’s
disability; while lack of legal personality to sue Rationale: The sum and substance of the whole
refers to the fact that the plaintiff is not a real party doctrine is that a matter once judicially decided is
in interest, in which case the ground for dismissal finally decided because of:
would be that the complaint states no cause of (1) Public policy and necessity makes it the interest
action. of the State that there should be an end to
litigation;
v. Litis pendentia (2) The hardship on the individual that he should be
Requisites: [Anderson Group v. CA (1997) Asked in vexed twice for the same cause. [Nabus v. CA
the 2007 Bar Exam] (1991)]
(1) Identity of parties;
(2) identity of rights asserted and relief prayed for; Two concepts of res judicata [ABALOS V. CA 1993,
(3) Relief founded on the same facts and the same ASKED IN THE 1997 BAR EXAM)]
basis; (1) BAR BY PRIOR JUDGMENT – Judgment on the
(4) Identity in the 2 proceedings should be such that merits in the 1st case constitutes an absolute
any judgment which may be rendered in the bar to the subsequent action not only as to
other action will amount to res judicata on the every matter which was offered and received to
action under consideration. sustain or defeat the claim/demand, but also to
any other admissible matter which might have
It is not required to allege that there be a prior been offered for that purpose and to all matters
pending case. It is sufficient to allege and prove the that could have been adjudged in that case.
pendency of another case, even if same had been (Asked in the 2002 Bar Exam)
brought later.
(2) CONCLUSIVENESS OF JUDGMENT – Where the
It does not require that the later case be dismissed 2nd action between the parties is upon a
in favor of the earlier case. To determine which case different claim/demand, the judgment in the
should be abated, apply: 1st case operates as an estoppel only with
(1) The More Appropriate Action Test; regard to those issues directly controverted,
(2) The Interest of Justice Test, taking into upon the determination of which the judgment
account: was rendered.
REMEDIAL LAW REVIEWER
Test: Assuming the allegations and statements to be During the hearing of the motion, parties shall
true, does the plaintiff have a valid cause of action? submit: [Rule 16, Sec. 2]
(1) Their arguments on questions of law;
A MTD based upon the ground of failure to state a (2) Their evidence on questions of fact.
cause of action imports a hypothetical admission by Exception: Those not available at that time.
the defendant of the facts alleged in the complaint.
If the case goes to trial, such evidence presented
If the court finds the allegations of the complaint to shall automatically be part of the evidence of the
be sufficient but doubts their veracity, it must deny party presenting the same.
the MTD and require the defendant to answer and
then proceed to try the case on its merits. After the hearing, the court may either: [Rule 16,
Sec. 3]
A complaint containing a premature cause of action (1) Dismiss the action/claim;
may be dismissed for failure to state a cause of (2) Deny the MTD;
action. (3) Order the amendment of pleadings.
If the suit is not brought against the real party-in- The court cannot defer the resolution of the MTD for
interest, a motion to dismiss may be filed on the the reason that the ground relied upon is not
ground that the complaint states no cause of action. indubitable.
[Tanpinco v. IAC (1992)]
The court’s resolution on the MTD must clearly and
viii. Extinguished claim distinctly state the reasons therefor.
That the claim/demand set forth in the plaintiff's
pleading has been paid, waived, abandoned or c. Remedies of plaintiff when the complaint
otherwise extinguished. is dismissed
ix. Unenforceable claim under the statute of Remedies of plaintiff when motion to dismiss is
frauds granted
Article 1403 (2) CC requires certain contracts to be If the motion is granted, the complaint is dismissed.
evidenced by some note or memorandum in order to Since the dismissal is final and not interlocutory in
be enforceable, to wit: character, the plaintiff has several options:
(a) An agreement that by its terms is not to be (1) Depending upon the ground for the dismissal of
performed within a year from the making the action, the plaintiff may refile the
thereof;
REMEDIAL LAW REVIEWER
complaint, e.g when ground for dismissal is in a separate action) of a counterclaim pleaded in
anchored on improper venue. the answer.
118 (2) He may appeal from the order of dismissal
where the ground relied upon is one which bars f. When grounds pleaded as affirmative
refilling of complaint e.g. defenses [Rule 16, Sec. 6]
(a) Res judicata
(b) Prescription If no MTD was filed, the grounds in Rule 16, Sec. 1
(c) Extinguishment of the obligation may be pleaded as an affirmative defense and the
(d) Violation of Statutes of Fraud court may conduct a preliminary hearing thereon as
(3) The plaintiff may also avail of a petition for if a MTD was filed.
certiorari, alleging grave abuse of discretion.
[Riano] g. Bar by dismissal
d. Remedies of the defendant when the Subject to the right of appeal, an order granting a
motion is denied motion to dismiss based on paragraphs:
(f) – That the cause of action is barred by a prior
1. The movant shall file his answer within the judgment or by the statute of limitations;
balance of the period described in Rule 11 to which (h) – That the claim or demand set forth in the
he was entitled at the time of serving his motion, plaintiff’s pleading has been paid, waived,
but not less than 5 days in any event. abandoned, or otherwise extinguished; and
(i) - That the claim on which the action is
Appeal is not a remedy since denial of a motion to founded is enforceable under the provisions of
dismiss is an interlocutory order. As a general rule, the statute of frauds
defendant files his answer and then may appeal an
adverse judgment. shall bar the refiling of the same action or claim.
[Rule 16, Sec. 5]
2. Another remedy is to file a certiorari, case under
Rule 65 alleging grave abuse of discretion. [Riano] h. Distinguished from demurrer to evidence
under Rule 33
e. Effect of dismissal of complaint on certain
grounds MTD under Rule 16 MTD under Rule 33
(Demurrer to
i. Of dismissal: [Rule 16, Sec.5] evidence)
General rule: The action/claim may be re-filed. Based on preliminary Based on insufficiency
objections of evidence
Exception: The action cannot be re-filed (although May be filed by any May be filed only by the
subject to appeal) if it was dismissed on any of the defending party against defendant against the
following grounds: whom a claim is asserted complaint of the
(1) Res judicata; in the action plaintiff
(2) Prescription; Should be filed within May be filed only after
(3) Extinguishment of the claim/demand; the time for, but prior the plaintiff has
(4) Unenforceability under the Statute of Frauds. to, the filing of the completed the
[Rule 16, Sec. 1 (f),(h),(i)] defending party’s presentation of his
answer to the pleading evidence
ii. On periods for pleading: [Rule 16, Sec.4] asserting the claim
If MTD is denied – Movant must file his answer within against him
the balance of the period under Rule 11 to which he If denied, defendant If denied, defendant
was entitled at the time of serving his MTD (but not answers; else, he may may present evidence.
less than 5 days) computed from the his receipt of be declared in default. If granted, plaintiff
notice of the denial. If granted, plaintiff may appeals and the order
appeal or if a of the dismissal is
If pleading is ordered to be amended – movant must subsequent reversed; the defendant
file his answer within the period under Rule 11, case is not barred, he loses his right to
counted from service of the amended pleading may re-file the case present evidence.
(unless the court gives a longer period).
applicable since the court held that it did not Thus, to obviate the element of surprise, parties
acquire jurisdiction due to non-payment of docket are expected to disclose at a pre-trial
120 fees. conference (PTC) all issues of law and fact
which they intend to raise at the trial, except
Dismissal on the ground of LOJ does not constitute such as may involve privileged or impeaching
res judicata, there being no consideration and matters. The determination of issues at a pre-
adjudication of the case on the merits. Neither is trial conference bars the consideration of other
there litis pendentia. [Meliton v. CA (1992)] questions on appeal. [Caltex v. CA (1992)]
When conducted: After the last pleading has
been served and filed, it shall be the plaintiff’s
IX. PRE-TRIAL duty to move ex parte that the case be set for
pre-trial. [Rule 18, Sec. 1]
1. Concept of pre-trial A pre-trial cannot validly be held until the last
2. Nature and purpose pleading has been filed, which last pleading may
3. Notice of pre-trial be the plaintiff's reply, except where the period
4. Appearance of parties; effect of failure to to file the last pleading has lapsed.
Discretion to declare a party non-suited in PTC
appear
must not be abused. Unless a party is so
5. Pre-trial brief; effect of failure to appear negligent, irresponsible, contumacious, or
6. Distinction between pre-trial in civil case dilatory as to provide substantial grounds for
and pre-trial in criminal case dismissal for non-appearance, the court should
7. Alternative Dispute Resolution (ADR) consider lesser sanctions which would still
amount to achieving the end desired. [Calalang
1. Concept of pre-trial v. CA (1993)]
One who has a legal interest in the matter in Magsaysay-Labrador v. CA (1989): Interest in the
litigation; subject means a direct interest in the cause of
One who has a legal interest in the success of action as pleaded and which would put the
either of the parties; intervenor in a legal position to litigate a fact 123
One who has an interest against both parties; alleged in the complaint, without the establishment
One who is so situated as to be adversely of which plaintiff could not recover.
affected by a distribution/disposition of
property in the court’s custody. Pleadings in intervention [Rule 19, Sec. 3]
COMPLAINT-IN-INTERVENTION – If intervenor
asserts a claim against either or all of the
Meaning of legal interest original parties.
One that is actual and material, direct and of an
immediate character, not merely contingent or ANSWER-IN-INTERVENTION – If intervenor
expectant so that that intervenor will either unites with the defending party in resisting a
gain or lose by the direct legal operation of the claim against the latter.
judgment.
Answer to complaint-in-intervention [Rule 19, Sec.
When the title to the property if declared void 4]
by final judgment, intervention will not revive It must be filed within 15 days from notice of the
or reinstate the movant’s title derived from the order admitting the complaint-in-intervention,
title declared void. [Firestone Ceramics vs. CA unless a different period is fixed by the court.
(1999)]
Subpoena is a process issued by court which is Exception: Tender not required if subpoena is
either: issued by or on behalf of the Republic or an
124 Types (and definition) of subpoena [Rule 21, Sec. officer/agency thereof.
1] For subpoena duces tecum, also tender the
Subpoena duces tecum reasonable cost of producing the
Subpoena ad testificandum books/documents/things demanded.
Service must be made so as to allow the witness
reasonable time for preparation and travel to
By whom issued [Rule 21, Sec. 2] the place of attendance
The court before whom the witness is required
to attend; 4. Compelling attendance of
The court of the place where the deposition is
to be taken; witnesses; Contempt
The officer/body authorized by law to do so in
connection with investigations conducted by Personal appearance in court [Rule 21, Sec. 7]
said officer/body; A person present in court before a judicial officer
Any SC/CA Justice in any case or investigation may be required to testify as if he were in
pending within the Philippines. attendance upon a subpoena issued by such
court/officer.
Form and contents of subpoena [Rule 21, Sec. 3]
Name of court; Application for subpoena to prisoner [Rule 21, Sec.
Title of action/investigation; 2]
Directed to a person whose attendance is The judge/officer shall examine and study the
required application carefully to determine WON it is
If subpoena duces tecum, a reasonable made for a valid purpose.
description of the books/documents/things However, no prisoner sentenced to death,
demanded which must appear to the court reclusion perpetua or life imprisonment and who
prima facie relevant. is confined in a penal institution shall be
brought outside for appearance/attendance in
Subpoena for depositions [Rule 21, Sec. 5] any court unless authorized by the SC.
Proof of service of a notice to take a deposition
is sufficient authorization for the issuance of Remedy in case of witness’ failure to attend
subpoena ad testificandum for the persons Upon proof of service of subpoena and of witness’
named in the notice. failure to attend, the court/judge issuing the
Issued by the clerk of court of the place in subpoena may issue a warrant to the sheriff to arrest
which the deposition is to be taken. the witness and bring him before the court/officer
However, subpoena duces tecum for depositions where his attendance is required. [Rule 21, Sec. 8]
cannot be issued without court order.
The cost of warrant and seizure shall be paid by the
witness if the court determines that the failure to
1. Subpoena duces tecum attend was willful and without just excuse.
Process directed to a person, requiring him to bring Such failure shall be deemed a contempt of the
with him any books/documents/things under his court which issued the subpoena. [Rule 21, Sec. 9]
control. (Asked in the 1997 Bar Exam)
If subpoena was not issued by a court, the
Subpoena duces tecum distinguished from Order disobedience shall be punished by applicable law or
for production or inspection ROC.
See Annex B.
Exception: Arrest warrant and contempt not
2. Subpoena ad testificandum applicable to: [Rule 21, Sec. 10]
A witness who resides more than 100km from his
Process directed to a person, requiring him to attend residence to the place where he is to testify.
and to testify at the hearing/trial of an action or at A detention prisoner, if there is no permission
any investigation conducted by competent authority, from the court in which his case is pending.
or for the taking of his deposition.
5. Quashing of subpoena [Rule 21,
3. Service of subpoena [Rule 21, Sec. Sec. 4]
6]
Upon motion promptly made, at/before the time
Same manner as personal or substituted service specified in the subpoena.
of summons.
The original shall be exhibited and a copy Grounds for quashing:
delivered to person on whom it is served, with Subpoena duces tecum:
tender of fees for one day’s attendance and - It is unreasonable and oppressive;
kilometrage. - The relevancy of the books/documents/
things does not appear;
REMEDIAL LAW REVIEWER
- The person in whose behalf the subpoena is documents, or other tangible things and the
issued fails to advance the reasonable cost of identity of any persons having knowledge of
production; relevant facts. [Rule 23, sec. 2]
- Witness fees and kilometrage were not 125
tendered when subpoena was served. c. Uses of deposition pending action
Subpoena ad testificandum:
- That the witness is not bound thereby; Dasmariñas Garments,Inc. v. Reyes (1993):
- That witness fees and kilometrage were not
tendered when the subpoena was served. General Rule: A deposition is not generally supposed
to be a substitute for the actual testimony in open
court of a party or witness. If the witness is available
XII. MODES OF DISCOVERY to testify, he should be presented in court to testify.
If available to testify, a party’s or witness’
1. Depositions pending action; Depositions deposition is inadmissible in evidence for being
before action or pending appeal hearsay.
2. Written interrogatories to adverse parties
3. Request for Admission Exception: [Rule 23, Section 4]
4. Production or inspection of documents or Any deposition may be used by any party for the
things purpose of contradicting or impeaching the
testimony of deponent as a witness;
5. Physical and mental examination of
The deposition of a party or of any one who at
persons the time of taking the deposition was an officer,
6. Consequences of refusal to comply with director, or managing agent of a public or
modes of discovery private corporation, partnership, or association
which is a party may be used by an adverse
1. Depositions pending action; party for any purpose;
The deposition of a witness, whether or not a
Depositions before action or pending party, may be used by any party for any purpose
appeal [RULES 23 and 24] if the court finds:
- that the witness is dead; or
Depositions Under Rule 23 - that the witness resides at a distance more
than one hundred (100) kilometers from the
a. Meaning and purpose of deposition place of trial or hearing, or is out of the
Philippines, unless it appears that his absence
Deposition is chiefly a mode of discovery, the was procured by the party offering the
primary function of which is to supplement the deposition; or
pleadings for the purpose of disclosing the real - that the witness is unable to attend to testify
points of dispute between the parties and because of age, sickness, infirmity, or
affording an adequate factual basis during the imprisonment; or
preparation for trial. - that the party offering the deposition has
The liberty of a party to avail of such modes of been unable to procure the attendance of the
discovery is unrestricted if the matters inquired witness by subpoena; or
into are relevant and not privileged, and the - upon application and notice, that such
inquiry is made in good faith and within the exceptional circumstances exist as to make it
bounds of the law. desirable, in the interest of justice and with
Limitations would arise if the examination is due regard to the importance of presenting
conducted in bad faith; or in such a manner as the testimony of witnesses orally in open
to annoy, embarrass or oppress the person under court, to allow the deposition to be used; and
examination; or when the inquiry touches upon If only part of a deposition is offered in
the irrelevant or encroaches upon the evidence by a party, the adverse party may
recognized domains of privilege. require him to introduce all of it which is
Under certain conditions and for certain limited relevant to the part introduced, and any party
purposes, it may be taken even after trial has may introduce any other parts.
commenced and may be used without the
deponent being actually called to the witness d. Before whom taken
stand. [Jonathan Landoil v Mangudadatu (2006)]
General Rule: Depositions may be taken before any
b. Scope of examination judge, notary public, or the person referred to in
section 14 (which refers to any person authorized to
administer oaths designated by the parties by
Unless otherwise provided by the court, the
stipulation).
deponent may be examined regarding any matter not
privileged, which is relevant to the pending action,
whether relating to the claim or defense of any Exceptions: In our jurisdiction, depositions in
party foreign countries may be taken:
including the existence, description, nature, on notice before a secretary of embassy or
custody, condition and location of any books, legation, consul general, consul, vice consul, or
REMEDIAL LAW REVIEWER
consular agent of the Republic of the interposed during the course of the deposition
Philippines; although any objections shall be noted by him upon
126 before such person or officer as may be the deposition. Any evidence that is objected to
appointed by commission or under letters shall still be taken but subject to the objection.
rogatory; or [Rule 23, Section 17]
before any person authorized to administer
oaths as stipulated in writing by the parties. f. When may taking of deposition be
terminated or its scope limited
h. Other rules to rely on such a defense, that person must move for
the taking of the deposition of his witnesses within
Effect of substitution of parties [Rule 23, Sec. 5] the time provided for filing a pre-trial motion.
Substitution of parties does not affect the right 127
to use depositions previously taken; The use of discovery procedure in criminal cases is
and, when an action has been dismissed and directed to the sound discretion of the trial judge.
another action involving the same subject is The deposition taking cannot be based nor can it be
afterward brought between the same parties or denied on flimsy reasons. Discretion has to be
their representatives or successors in interest, exercised in a reasonable manner and in consonance
all depositions lawfully taken and duly filed in with the spirit of the law.
the former action MAY BE USED IN THE LATTER
AS IF ORIGINALLY TAKEN THEREFOR. Dasmariñas Garments v. Reyes (1993): Any
deposition offered to prove the facts therein at the
Effect of taking deposition [Rule 23, Sec. 7] trial of the case, in lieu of actual testimony of the
A party shall not be deemed to make a person deponent in court, may be opposed and excluded for
his own witness for any purpose by taking his being hearsay save in specific instances under the
deposition. Rules.
Effect of using deposition [Rule 23, Sec. 8] Depositions Before Action Under Rule 24
General Rule: Introduction in evidence of
deposition or any part thereof for any purpose Purpose
makes the deponent the witness of the party To perpetuate the testimony of witnesses for
introducing the deposition. probable use in the event of further proceedings in
Exception: if the purpose is to contradict or said court.
impeach the deponent.
Procedure
Leave of court [Rule 23, Sec. 1]
Leave of court is NOT required after an answer FILE A VERIFIED PETITION IN THE COURT OF THE
has been served. PLACE OF THE RESIDENCE OF ANY EXPECTED
It is required before the service of an answer ADVERSE PARTY.
but after jurisdiction has been acquired over the
defendant or over the property subject of the The petition shall be entitled in the name of the
action. petitioner and shall show:
ONLY INSTANCE WHEN ONE ALWAYS NEEDS that the petitioner expects to be a party to an
LEAVE OF COURT BEFORE TAKING DEPOSITIONS: action in a court of the Philippines but is
Where the deponent is in jail. presently unable to bring it or cause it to be
brought;
Written Interrogatories under Rule 23 the subject matter of the expected action and
his interest therein;
A deposition need not be conducted through an the facts which he desires to establish by the
oral examination. It may be conducted through proposed testimony and his reasons for desiring
written interrogatories which shall be served to perpetuate it;
upon every other party. the names or a description of the persons he
The party served may also serve cross- expects will be adverse parties and their
interrogatories upon the party proposing to take addresses so far as known; and
the deposition within 10 days from service of the names and addresses of the persons to be
the written interrogatories. The latter may, examined and the substance of the testimony
within 5 days serve re-direct interrogatories and which he expects to elicit from each, and shall
within 3 days the other party may serve re-cross ask for an order authorizing the petitioner to
interrogatories [Rule 23, Sec. 25] take the depositions of the persons to be
Copies of all these interrogatories shall be examined named in the petition for the purpose
delivered to the officer before whom the of perpetuating their testimony.
deposition is taken and who shall take the p
responses and prepare the record. [Rule 23, Sec. NOTICE AND SERVICE to each person named in the
26] petition as an expected adverse party, together with
a copy of the petition, stating that the petitioner
People v. Hubert Webb (1999): DEPOSITION, WHEN will apply to the court, at a time and place named
AVAILABLE IN CRIMINAL CASES: A deposition, in therein, for the order described in the petition.
keeping with its nature as a mode of discovery, p
should be taken BEFORE AND NOT DURING TRIAL. At least twenty (20) days before the date of the
hearing, the court shall cause notice thereof to be
In fact, rules on criminal practice - particularly on served on the parties and prospective deponents in
the defense of alibi, which is respondent’s main the manner provided for service of summons.
defense in the criminal proceedings against him in
the court below - states that when a person intends p
REMEDIAL LAW REVIEWER
ORDER AND EXAMINATION: If the court is satisfied NOTE: Interrogatories under RULE 25 are served
that the perpetuation of the testimony may prevent directly upon the adverse party unlike written
128 a failure or delay of justice, it shall make an order interrogatories under RULE 23 which are delivered to
designating or describing the persons whose the officer before whom the deposition is to be
deposition may be taken and specifying the subject taken.
matter of the examination and whether the
depositions shall be taken upon oral examination or c. Answer
written interrogatories.
The interrogatories shall be ANSWERED FULLY IN
Note: Procedure for taking deposition by oral WRITING and shall be SIGNED AND SWORN TO BY
examination or written interrogatories will be THE PERSON MAKING THEM.
governed by Rule 23 on depositions de bene esse. The party upon whom the interrogatories have
been served shall file and serve a copy of the
Depositions Pending Appeal Under Rule 24 answers on the party submitting the
interrogatories within fifteen (15) days after
J. Regalado believes that the following procedure is service thereof unless the court on motion and
applicable to civil and criminal cases. for good cause shown, extends or shortens the
time. [Rule 25, Sec. 2]
THE ORDER, INCLUDING ATTORNEY'S FEES (Rule - setting forth in detail the reasons why he
29, Sec. 1). cannot truthfully either admit or deny those
Refusal to comply with an order of the court to matters.
compel an answer may be considered CONTEMPT 129
of that court (Rule 29, Sec. 2)
The subject of discovery shall be DEEMED
ADMITTED OR ESTABLISHED (Rule 29 Sec. 3a).
The disobedient party shall be prohibited from d. Deferment of compliance
introducing CONTRADICTORY EVIDENCE (Rule 29,
Sec. 3b) To avoid the implied admission, the party requested
STRIKING OUT OF PLEADINGS OR PARTS may have the compliance of the filing and service of
THEREOF (RULE 29, SECTION 3c) the sworn statement be deferred by filing with court
STAYING FURTHER PROCEEDINGS UNTIL THE objections to the request for admission.
ORDER IS OBEYED (RULE 29, SECTION 3c)
DISMISSING THE ACTION OR PROCEEDING OR ANY Compliance shall be deferred until such objections
PART THEREOF(RULE 29, SECTION 3c) are resolved by the court. [Rule 26, Sec. 2 par. 2]
RENDERING A JUDGMENT BY DEFAULT AGAINST
THE DISOBEDIENT PARTY; AND (RULE 29, e. Effect of admission
SECTION 3c)
In lieu of any of the foregoing orders or in Any admission made by a party pursuant to such
addition thereto, an order directing the arrest request is for the purpose of the pending action only
of any party or agent of a party for disobeying and shall not constitute an admission by him for any
any of such orders [RULE 29, Sec. 3c] other purpose nor may the same be used against him
in any other proceeding. [Rule 26, Sec. 3]
3. Request for Admission [RULE 26]
f. Withdrawal
a. Purpose
The court may allow the party making an admission,
To allow one party to request the adverse in whether express or implied under the Rule to
writing to admit certain material and relevant withdraw or amend it upon such terms as may be
matters which most likely will not be disputed just.
during the trial.
To avoid unnecessary inconvenience to the The admitting party must file a motion to be
parties in going through the rigors of proof, relieved of the effects of his admissions.
before the trial, a party may request the other
to: g. Effect of failure to file and serve request
- admit the genuineness of any material for admission
and relevant document described in and
exhibited with the request; or General rule: The party who fails to file a request
- admit the truth of any material and shall not be permitted to present evidence on such
relevant matter of fact set forth in the facts.
request [Rule 26, Sec. 1]
Exception: Unless otherwise allowed by the court
b. When may request be made for:
- good cause shown and
At any time after issues have been joined. - to prevent a failure of justice,
a party who fails to file and serve a request for
Duque v. CA (2002): The request for admission admission on the adverse party of material and
MUST BE SERVED ON THE PARTY and NOT ON THE relevant facts at issue which ARE, OR OUGHT TO BE,
COUNSEL. This is an exception to the general rule WITHIN THE PERSONAL KNOWLEDGE OF THE LATTER
that notices shall be served upon counsel and not [Rule 26, Sec. 5]
upon the party.
4. Production or inspection of
c. Implied admission by adverse party documents or things [RULE 27]
EACH OF THE MATTERS OF WHICH AN ADMISSION IS
REQUESTED SHALL BE DEEMED ADMITTED unless, a. Procedure
within a period designated in the request, which
shall not be less than 15 days after service A motion must be filed by the party seeking the
thereof, or within such further time as the court production or inspection of documents and things
may allow on motion, and the motion must show good cause supporting the
the party to whom the request is directed files same. [Rule 27, Sec. 1]
and serves upon the party requesting the p
admission a SWORN STATEMENT either The court in which the action is pending shall issue
- denying specifically the matters of which an an order:
admission is requested, or which shall specify the time, place and manner
REMEDIAL LAW REVIEWER
of making the inspection and taking copies and previously or thereafter made, of the same
photographs, and mental or physical condition.
130 which may prescribe such terms and conditions If the party examined refuses to deliver such
as are just. [Rule 27, Sec. 1] report, the court on motion and notice may
make an order requiring delivery on such terms
as are just
If it is the physician who fails or refuses to make
such a report the court may exclude his
b. What the court may order testimony if offered at the trial. [Rule 28, Sec.
3]
To PRODUCE and PERMIT THE INSPECTION and
copying or photographing, by or on behalf of the d. Waiver or privilege
moving party, of any documents, papers, books,
accounts, letters, photographs, objects or By requesting and obtaining a report of the
tangible things, not privileged, which constitute examination so ordered or by taking the deposition
or contain evidence material to any matter of the examiner, the party examined waives any
involved in the action and which are in the privilege he may have in that action or any other
possession, custody or control of the party to involving the same controversy, regarding the
whom the order is addressed. testimony of every other person who has examined
To PERMIT ENTRY upon designated land or other or may thereafter examine him in respect of the
property in the position or control of the party same mental or physical examination.
to whom the order is addressed for the purpose
of inspecting, measuring, surveying, or e. Physician-Patient Privilege
photographing the property or any designated
relevant object or operation thereon. Inapplicable because the results of the
[Rule 27, Sec. 1] examination are intended to be made public.
Such examination is not necessary to treat or
NOTE: This mode of discovery does not mean that cure the patient but to assess the extent of
the person who is required to produce the document injury or to evaluate his physic al or mental
or the thing will be deprived of its possession even condition.
temporarily. It is enough that the requesting party
be given the opportunity to inspect or copy or
photograph the document or take a look at the 6. Consequences of refusal to comply
thing. (Regalado) (Asked in the 2002 Bar Exam) with modes of discovery
See Annex C.
5. Physical and mental examination of
persons [Rule 28]
XIII. TRIAL
a. Motion requesting Examination 1. Adjournments and postponements
2. Requisites of motion to postpone trial
Requisites a. For absence of evidence
The physical or mental condition of a party (NOT b. For illness of party or counsel
A WITNESS!) is in controversy
3. Agreed statement of facts
Motion must be filed showing good cause
Notice given to the party to be examined and to 4. Order of trial; reversal of order
all other parties 5. Consolidation or Severance of hearing or
Notice must specify the time, place, manner, trial
conditions and scope of examination 6. Delegation of reception of evidence
Notice must also specify person/s who will make 7. Trial by commissioners
the examination a. Reference by consent or ordered on
motion
b. Court to issue the order for examination in b. Powers of the commissioner
its discretion. c. Commissioner’s report; notice to
parties and hearing on the report
c. Report of findings
Trial, defined
If requested by the party examined, the party
A trial is the judicial process of investigating and
causing the examination to be made shall
determining the legal controversies, starting with
deliver to him a copy of a detailed written
the production of evidence by the plaintiff and
report of the examining physician setting out his
ending with his closing arguments [Acosta v. People].
findings and conclusions.
After such request and delivery, the party A hearing is a broader term. It is not confined to the
causing the examination to be made shall be trial and presentation of the evidence because it
entitled upon request to receive from the party actually embraces several stages in the litigation. It
examined a like report of any examination,
REMEDIAL LAW REVIEWER
Subpoena
5. Consolidation or Severance of
See separate part for Subpoena BUT please take hearing or trial
note that Subpoenas are issued within the context
of a Trial and taking depositions under Modes of Consolidation of trial [Rule 31, Sec. 1]
Discovery. When actions involving common question of law/fact
are pending before the court, it may:
3. Agreed statement of facts [Rule 30, Order a joint hearing/trial of any/all the
matters in issue in the actions;
Sec. 6] Order all the actions consolidated;
REMEDIAL LAW REVIEWER
Upon the completion of the trial or hearing or Grant of demurrer Denial of demurrer
proceeding before the commissioner, he shall file
The case shall be The defendant shall have
with the court his report in writing upon the matters
dismissed the right to present 133
submitted to him by the order of reference.
evidence
The court should set the
When his powers are not specified or limited, he
date for the reception of
shall set forth his findings of fact and conclusions of
the defendant’s
law in his report.
evidence-in-chief
[Northwest Airlines v.
He shall attach thereto all exhibits, affidavits,
CA]
depositions, papers and the transcript, if any, of the
Plaintiff's remedy would xxx
testimonial evidence presented before him.
be to appeal.
Notice to parties of the filing of report [Rule 32,
However, if the order
Sec. 10]
granting the demurrer is
Upon the filing of the report, the parties shall be
reversed on appeal, the
notified by the clerk, and they shall be allowed 10
defendant loses his right
days within which to signify grounds of objections to
to present evidence.
the findings of the report, if they so desire.
[Rule 33, Sec 1; Republic
v. Tuvera]
Objections to the report based upon grounds which
were available to the parties during the proceedings
The appellate court
before the commissioner, other than objections to
should render judgment
the findings and conclusions therein, set forth, shall
on the basis of the
not be considered by the court unless they were
evidence submitted by
made before the commissioner.
the plaintiff.
Hearing on the report [Rule 32, Sec. 11]
[Radiowealth Finance v.
Upon the expiration of the 10-day period in Rule 32,
Del Rosario]
Sec. 10, the report shall be set for HEARING.
Equivalent to judgment An interlocutory order
After which the court shall issue an ORDER: (i.e. based on the merits and not appealable.
Adopting (in whole or in part), of the evidence However, it may be the
Modifying (in whole or in part) presented so far) subject of a petition for
Rejecting the report (in whole or in part), certiorari for GAD under
Recommitting the report with instructions, or Rule 65 [Katigbak v.
Requiring the parties to present further Sandiganbayan]
evidence before the commissioner or the court.
MTD Demurrer
When to Before the service After the plaintiff
File and filing of the rests his case
XIV. DEMURRER TO EVIDENCE answer
1. Ground Ground Those enumerated Only ground: The
2. Effect of denial in Rule 16 plaintiff has
shown no right to
3. Effect of grant
relief (i.e.
4. Waiver of right to present evidence evidence is
5. Demurrer to evidence in a civil case insufficient)
versus demurrer to evidence in a criminal Effect If a MTD is granted,
case the complaint is
likewise dismissed.
1. Ground But, depending on
the ground, the
complaint may be
Definition: A species of MTD that may be invoked
re-filed
based on insufficiency of evidence (i.e. upon the
facts and the law the plaintiff has shown no right to
If the MTD is denied,
relief). [Rule 33, Sec. 1]
the defendant shall
file his responsive
It is invoked after the plaintiff has presented all the
pleading
evidence available to him.
Answers to interrogatories. (Rule 25) Based on the Based solely Based on the
pleadings, upon the complaint and
c. When the case not fully adjudicated depositions, pleadings evidence, if court
admissions and requires its 137
Partial summary judgment (Asked in the 2004 Bar affidavits presentation
Exam) There is no The answer No issues as no
Applies when for some reason there can be no full genuine issue fails to tender answer is filed by
summary judgment. Trial should deal only with the between the an issue or the defending
facts not yet specified or established. parties there is an party
admission of
the material
Duty of court [Rule 35, Sec. 4] allegations
Ascertain what material facts exist without Available to Generally Available to the
substantial controversy and what are actually both plaintiff available only plaintiff alone
and in good faith controverted based on: and defendant to the
- An examination of the pleadings and evidence plaintiff,
before it unless the
- Interrogation of the counsel defendant
Make an order specifying the facts and the presents a
extent of the amount of damages that appear counterclaim
without substantial controversy 10-day notice 3-day notice 3-day notice rule
Direct further proceedings as are just required required applies
Conduct trial on the controverted facts May be On the merits On the merits
accordingly interlocutory
or on the
Effect merits
A partial summary judgment is not a final judgment, Usually Available in Available in any
but merely a pre-trial adjudication that said issues in available in any action, action, except
the case shall be deemed established for the trial of actions to except annulment of
the case. [Guevarra v. CA (1983)] recover a debt, annulment of marriage or legal
or for a marriage or separation cases
d. Affidavits and attachments liquidated sum legal
of money, or separation
Form of affidavits and supporting papers [Rule 35, for declaratory cases
Sec. 5] relief
Made on personal knowledge
Shall set forth such facts as would be admissible 6. Rendition of judgments and final
in evidence
Shall show affirmatively that the affiant is orders
competent to testify to the matters stated
therein. Form of judgment [Rule 36, Sec. 1]
In writing
Attachments [Rule 35, Sec. 5] Personally and directly prepared by the judge
Certified true copies of all papers or parts thereof Stating clearly & distinctly the facts and the law
referred to in the affidavit shall be attached thereto on which it is based
OR served therewith. Signed by the judged
Filed with the clerk of court.
Affidavits in bad faith [Rule 35, Sec. 5]
Definition – Affidavits presented under this Rule Definition of rendition of judgment
which appear to the court at any time as presented It is the filing of the judgment with the clerk of
in bad faith or solely for the purpose of delay court. It is not the pronouncement of the judgment
in open court that constitutes the rendition. Even if
Effects: the judgment has already been put in writing and
Court shall order the offending party or counsel signed, it is still subject to amendment if it has not
to pay the other party – amount of reasonable yet been filed with the clerk of court and before its
expenses which the filing of the affidavits filing does not yet constitute the real judgment of
caused him to incur, including attorney’s fees the court. [Ago v. CA]
Court may adjudge the offending party or
counsel guilty of contempt, after hearing Period within which decision is to be rendered
[1987 Constitution, Art. VIII, Sec. 15]
All cases filed must be decided or resolved by
5. Judgment on the pleadings versus the Supreme Court within 24 months from the
summary judgments date of their submission for decision.
Unless reduced by the SC, within 12 months for
Summary Judgment on Judgment by lower collegiate courts and within 3 months for
judgment the pleadings default all other lower courts.
REMEDIAL LAW REVIEWER
A case is deemed submitted for resolution upon the To make corrections of clerical errors, not
filing of the last pleading, brief or memorandum substantial amendments, as by an amendment
138 required by the Rules of Court or by the court. non pro tunc;
To clarify an ambiguity which is borne out by
An extension of the period may be set by the SC and justifiable in the context of the decision;
upon request by the judge concerned on account of In judgments for support, which can always be
heavy caseload or by other reasonable excuse [Arap amended from time to time.
v Mustafa]
Amended/clarified Supplemental decision
Interpretation of the judgment judgment
Where the judgment is difficult to execute because An entirely new decision Does not take the place
of ambiguity in its terms, the remedy of the party is and supersedes the of or extinguish the
to file a motion for clarificatory judgment and not to original judgment original judgment
assail the judgment as void. [Poland Industrial Court makes a thorough Serves to add to the
Limited v National Development Company] study of the original original judgment
judgment and renders
7. Entry of judgment and final order the amended and
clarified judgment only
Definition of entry of judgment after considering all the
The entry of judgment refers to the physical act factual and legal issues
performed by the clerk of court in entering the
dispositive portion of the judgment in the book of
entries of judgment after the same has become final XVI. POST-JUDGMENT REMEDIES
and executory. [Riano]
1. Motion for New Trial or reconsideration
Rendition of judgment Entry of judgment 2. Appeals in General
Filing of the judgment Act of clerk of court in 3. Relief from judgments, orders and other
with the clerk of court entering the dispositive proceedings
portion of the judgment 4. Annulment of Judgments or final orders
in the book of entries of and resolutions
judgment
5. Collateral attack of judgments
Entry of Judgments and Final Orders [Rule 36, Sec.
2] Remedies BEFORE finality of judgment
If there is no appeal/MNT/MFR filed within the Motion for Reconsideration
prescribed periods, the clerk of court shall enter the Motion for New Trial
judgment or final order in the book of entries of Appeal
judgments.
1. Motion for New Trial or
Date of finality of the judgment = Date of its entry in Reconsideration
the book
Motion for reconsideration
Note: the periods for filing the following pleadings A motion for reconsideration under Rule 37 is
are reckoned from the date of entry of judgment directed against a judgment or final order. It is not
Execution of a judgment by motion (5 years the motion for reconsideration of interlocutory
from entry) [Rule 39, Sec. 6] order, which often precedes a petition for certiorari
Petition for relief (as one of its periods, not under Rule 65. It does not apply to cases that fall
more than 6 months from entry of the judgment under Summary Procedure.
or final order) [Rule 38, Sec. 3]
Contents of motion for new trial or
The record: reconsideration
Shall contain the judgment’s dispositive part Rule 37, Sec.2. Contents of motion for new trial or
Shall be signed by the clerk of court with a reconsideration.—The motion shall be made in
certificate that the judgment has become final writing stating the ground or grounds therefor, a
and executory. written notice of which shall be served by the
movant on the adverse party.
Amendments to judgment (Asked in the 2008 Bar
Exams) A motion for new trial shall be proved in the manner
The power to amend judgments is inherent to the provided for proof of motions. A motion for the
court before judgment becomes final and executory. cause mentioned in paragraph (a) of the preceding
section shall be supported by affidavits of merits
General rule: The court cannot amend the judgment which may be rebutted by affidavits. A motion for
once it has become final and executory. the cause mentioned in paragraph (b) shall be
supported by affidavits of the witnesses by whom
Exception: such evidence is expected to be given, or by duly
authenticated documents which are proposed to be
introduced in evidence.
REMEDIAL LAW REVIEWER
It is not sufficient to mention the ground relied Accident: an event that occurs without one’s
upon. It is necessary for the motion for foresight or expectation.
reconsideration to point out specifically the findings
or conclusions of the judgment or final order which Mistake: generally, mistakes of facts or law where,
are not supported by the evidence or which are in good faith, the defendant was misled in a case.
contrary to law, making express reference to the
testimonial or documentary evidence or to the b. When to file
provisions of law alleged to be contrary to such
findings or conclusions. The motion must be filed within the period for
appeal.
Non-compliance with this requirement would reduce
the motion to a mere pro forma motion, which shall The period for appeal is within 15 days after notice
not toll the period for appeal. to the appellant of the judgment or final order
appealed from. The 15-day period is deemed to
Grounds for motion for new trial commence upon receipt by the counsel of record,
REMEDIAL LAW REVIEWER
which is considered notice to the parties. Service The prohibition on a second motion does not apply
upon the parties themselves is prohibited and is not to a motion for reconsideration of an interlocutory
140 considered as official receipt of judgment. order.
No motion for extension of time shall be allowed. Denial of motion for new trial
The judgment or final order shall stand as is.
Where a record on appeal is required, the appellant
shall file: Rule 37, Sec.8. Effect of order for partial new
a notice of appeal, and trial.—When less than all of the issues are ordered
record on appeal within 30 days from notice of retried, the court may either enter a judgment or
the judgment or final order. final order as to the rest, or stay the enforcement of
such judgment or final order until after the new
A record on appeal is required only in: trial.
Special proceedings;
Other cases of multiple or separate appeals. When there is an order for partial new trial, the
court may either enter a judgment or final order as
Resolution of the motion to the rest, or stay the enforcement of such
Rule 37, Sec.4. Resolution of motion.—A motion for judgment or final order until after the new trial.
new trial or reconsideration shall be resolved within
30 days from the time it is submitted for resolution. When a second motion for new trial is permissible:
When a ground for new trial was not existing or
Effect of filing available when the first motion was made.
The filing of a timely motion interrupts the period to
appeal. d. Grant of the motion; effect
The 30-day period to resolve the motion is held to be Grant of motion for reconsideration
mandatory [Gonzales vs Bantolo (2006)] The court may amend the judgment or final order
accordingly. The amended judgment is in the nature
Rule 37, Sec.3. Action upon motion for new trial or of a new judgment, which supersedes the original
reconsideration.—The trial court may set aside the judgment.
judgment or final order and grant a new trial, upon
such terms as may be just, or may deny the motion. Grant of motion for new trial
If the court finds that excessive damages have been The original judgment shall be vacated, and the
awarded or that the judgment or final order is action shall stand for trial de novo. The recorded
contrary to the evidence or law, it may amend such evidence upon the former trial shall be used at the
judgment or final order accordingly. new trial without retaking them (if they are material
and competent).
c. Denial of the motion; effect
e. Remedy when motion is denied, Fresh 15-
Denial of motion for reconsideration day period rule
The judgment or final order shall stand as is.
Rule 37, Sec.9. Remedy against order denying a
Rule 37, Sec.7. Partial new trial or motion for new trial or reconsideration.—An order
reconsideration.—If the grounds for a motion under denying a motion for new trial or reconsideration is
this Rule appear to the court to affect the issues as now appealable. (As modified by AM 07-7-12)
to only a part, or less than all of the matter in
controversy, or only one, or less than all, of the Remedy if motion is denied
parties to it, the court may order a new trial or To appeal from the judgment or final order
grant reconsideration as to such issues if severable itself.
without interfering with the judgment or final order The order denying the motion for new trial or
upon the rest. reconsideration may itself be assailed by a
petition for certiorari under Rule 65.
Single motion rule
Rule 37, Sec.5. Second motion for new trial.—A Habaluyas vs. Japson (1986): A motion for new
motion for new trial shall include all grounds then trial or reconsideration is not a prerequisite to an
available and those not so included shall be deemed appeal, a petition for review or a petition for review
waived. A second motion for new trial based on a on certiorari. And since the purpose is to expedite
ground not existing or available when the first the final disposition of cases, a strict but prospective
motion was made, may be filed within the time application of said ruling is in order.
herein provided excluding the time during which the
first motion had been pending. Fresh period rule
Neypes vs. CA (2005): If the motion is denied, the
No party shall be allowed a second motion for movant has a “fresh period” of 15 days from receipt
reconsideration of a judgment or final order. or notice of the order denying the motion for new
trial or motion for reconsideration within which to
file an appeal.
REMEDIAL LAW REVIEWER
(a) A subject index of the matter in the brief with a to present to the court in concise form the points
digest of the arguments and page references, and questions in controversy, and by fair argument
and a table of cases alphabetically arranged, on the facts and law of the case to assist the court in
textbooks and statutes cited with references to arriving at a just and proper conclusion. 143
the pages where they are cited;
(b) Under the heading “Statement of Facts,” the The brief should be so prepared as to minimize the
appellee shall state that the accepts the labor of the court in the examination of the record
statement of facts in the appellant’s brief, or upon which the appeal is heard and determined.
under the heading “Counter-Statement of
Facts,” he shall point out such insufficiencies or Failure to comply with required contents of
inaccuracies as he believes exist in the appellant’s brief is cause for dismissal of the
appellant’s statement of facts with references petition.
to the pages of the record in support thereof,
but without repetition of matters in the Dismissal of appeal
appellant’s statement of facts; and Rule 50, Sec. 1. Grounds for dismissal of appeal.—
(c) Under the heading “Argument,” the appellee An appeal may be dismissed Court of Appeals, on its
shall set forth his arguments in the case on each own motion or on that of appellee, on the following
assignment of error with page references to the grounds:
record. The authorities relied on shall be cited
by the page of the report at which the case (a) Failure of the record on appeal to show on its
begins and the page of the report on which the face that the appeal was taken within the
citation is found. period fixed by these Rules;
(b) Failure to file the notice of appeal of the record
Reply brief on appeal within the period prescribed by these
Rule 44, Sec. 9. Appellant’s reply brief.—Within 20 Rules;
days from receipt of the appellant’s brief, the (c) Failure of the appellant to pay the docket and
appellee shall file with the court 7 copies of his other lawful fees as provide in section 5 of Rule
legibly typewritten, mimeographed or printed brief, 40 and Section 4 of Rule 41;
with proof of service of 2 copies thereof upon the (d) Unauthorized alterations, omission or additions
appellant. in the approved record on appeal as provided in
section 4 of Rule 44;
Memoranda in special cases (e) Failure of the appellant to serve and file the
required number of copies of his brief or
Rule 44, Sec. 10. Time for memoranda in special
memorandum within the time provided by these
cases.—In certiorari, prohibition, mandamus, quo
Rules;
warranto and habeas corpus cases, the parties shall
(f) Absence of specific assignment of errors in the
file, in lieu of briefs, their respective memoranda
appellant’s brief, or of page references to the
within a non-extendible period of 30 days from
record as required in section 13, paragraphs (a),
receipt of the notice issued by the clerk that all the
(c), (d) and (f) of Rule 44;
evidence, oral or documentary, is already attached
(g) Failure of the appellant to take the necessary
to the record.
steps for the correction or completion of the
record within the time limited by the court in its
The failure of the appellant to file his memorandum
order;
within the period therefore may be a ground for
(h) Failure of the appellant to appear at the
dismissal of the appeal.
preliminary conference under Rule 48 or to
comply with orders, circulars, or directives of
Several or plurality of appellant’s, appellees the court without justifiable cause; and
and/or counsel (i) The fact that the order or judgment appealed
Rule 44, Sec. 11. Several appellants or appellees or from is not appealable.
several counsel for each party.—Where there are
several appellants or appellees, each counsel PNB vs. Philippine Milling (1969): CA has discretion
representing one or more but not all of them shall to dismiss or not to dismiss appeal. Although said
be served with only one copy of the briefs. When
discretion must be a sound one, to be exercised in
several counsel represent one appellant or appellee, accordance with the tenets of justice and fair play,
copies of the brief may be served upon any of them. having in mind the circumstances obtaining in each
case, the presumption is that it has been so
Extension of time for filing briefs exercised.
Rule 44, Sec. 12. Extension of time for filing Padasdas vs. CA (1974): Failure to file appellant’s
briefs.—Extension of time for the filing of briefs will brief within the reglementary period need not
not be allowed, except for good and sufficient necessarily cause dismissal of appeal where the
cause, and only if the motion for extension is filed same was due to force majeure.
before the expiration of the time sought to be
extended. Dismissal of improper appeal
Rule 50, Sec. 2. Dismissal of improper appeal to the
The brief Court of Appeals.—An appeal under Rule 41 taken
De Liano vs. CA (2001): The purpose of the brief is from the Regional Trial Court to the Court of Appeals
REMEDIAL LAW REVIEWER
Rule 39, Sec. 2. Discretionary execution.— occupation as fixed by the court which rendered
(a) Execution of a judgment or a final order the decision.
pending appeal.—On motion of the prevailing Decision of the MeTC, MTC or MCTC or the RTC
party with notice to the adverse party filed in where execution pending appeal has been 145
the trial court while it has jurisdiction over the granted by the court of origin or in a proper
case and is in possession of either the original case by the appellate court upon good reasons
record or the record on appeal, as the case may to be stated in the order.
be, at the time of the filing of such motion, said Decision of the RTC rendered in the exercise of
court may, in its discretion, order execution of a its appellate jurisdiction on cases tried and
judgment or final order even before the decided by the court of origin under Summary
expiration of the period to appeal. Procedure.
Decision of a quasi-judicial agency under the
After the trial court has lost jurisdiction, the Rule 43, Sec. 12, UNLESS otherwise provided by
motion for execution pending appeal may be the Court CA;
filed in the appellate court. Decision in cases of injunction, receivership,
support and accounting.
Discretionary execution may only issue upon
good reasons to be stated in a special order Service Specialists vs Sheriff of Manila: An appeal
after due hearing. from the order denying the petition for relief does
not stay the judgment from which relief is sought. In
(b) Execution of several, separate or partial order to stay execution, it is necessary to obtain a
judgments.—A several, separate or partial writ of preliminary injunction.
judgment may be executed under the same
terms and conditions as execution of a judgment When case is submitted for judgment
or final order pending appeal. Rule 51, Sec. 1. When case deemed submitted for
judgment.—A case shall be deemed submitted for
Sec. 21, Revised Rules on Summary Procedure. judgment:
Appeal. — The judgment or final order shall be
appealable to the appropriate RTC which shall A. In ordinary appeals.—
decide the same in accordance with Sec. 22 of BP Where no hearing on the merits of the main case is
129. The decision of the regional trial court in civil held, upon the filing of the last pleading, brief, or
cases governed by this Rule, including forcible entry memorandum required by the Rules or by the court
and unlawful detainer, shall be immediately itself, or the expiration of the period for its filing.
executory, without prejudice to a further appeal
that may be taken therefrom. Section 10 of Rule 70 When such hearing is held, upon its termination or
shall be deemed repealed. upon the filing of the last pleading or memorandum
as may be required or permitted to be filed by the
court, or the expiration of the period for its filing.
Rule 43, Sec. 12. Effect of appeal.—The appeal
shall not stay the award, judgment, final order or
B. In original actions and petitions for review.—
resolution sought to be reviewed unless the Court of
Where no comment is filed, upon the expiration of
Appeals shall direct otherwise upon such terms as it
the period to comment.
may deem just.
Where no hearing is held, upon the filing of the last
Rule 39, Sec. 4. Judgments not stayed by appeal.— pleading required or permitted to be filed by the
Judgments in actions for injunction, receivership, court, or the expiration of the period for its filing.
accounting and support, and such other judgments
as are not or may hereafter be declared to be Where a hearing on the merits of the main case is
immediately executory shall be enforceable after held, upon its termination or upon the filing of the
their rendition and shall not be stayed by an appeal last pleading or memorandum as may be required or
taken therefrom, unless otherwise ordered by the permitted to be filed by the court, or the expiration
trial court. On appeal therefrom, the appellate court of the period for its filing.
in its discretion may make an order suspending,
modifying, restoring or granting the injunction, The period within which a court must render a
receivership, accounting, or award of support. decision is mandatory [New Frontier Mines vs
NLRC]
General rule: In ordinary appeals, execution is
stayed. Judgment
Rule 51, Sec. 2. By whom rendered.—The judgment
Exceptions shall be rendered by the members of the court who
Decision in forcible entry and unlawful detainer. participated in the deliberation on the merits of the
Exception to exception: If appellant stays case before its assignment to a member for the
immediate execution by filing a notice of writing of the decision.
appeal, supersedeas bond and depositing in
court a monthly rental or compensation for the
Rule 51, Sec. 3. Quorum and voting in the court.—
The participation of all three Justices of a division
REMEDIAL LAW REVIEWER
shall be necessary at the deliberation and the and prosecuted; and execution of the judgment of
unanimous vote of the three Justices shall be affirmance may be had accordingly, and costs may
146 required for the pronouncement of a judgment or be adjudged in such cases, as the court shall deem
final resolution. If the three Justices do not reach a proper.
unanimous vote, the clerk shall enter the votes of
the dissenting Justices in the record. Thereafter, the Rule 51, Sec. 8. Questions that may be decided.—No
Chairman of the division shall refer the case, error which does not affect the jurisdiction over the
together with the minutes of the deliberation, to the subject matter or the validity of the judgment
Presiding Justice who shall designate two Justices appealed from or the proceedings therein will be
chosen by raffle from among the other members of considered unless stated in the assignment of errors,
the court to sit temporarily with them, forming a or closely related to or dependent on an assigned
special division of five Justices. The participation of error
all the five members of the special division shall be
necessary for the deliberation required in section 2
Rule 51, Sec. 9. Promulgation and notice of
of this Rules and the concurrence of a majority of
such division shall be required for the judgment.—After the judgment or final resolution
pronouncement of a judgment or final resolution. and dissenting or separate opinions, if any, are
signed by the Justices taking part, they shall be
delivered for filing to the clerk who shall indicate
Rule 51, Sec. 4. Disposition of a case.—The CA, in thereon the date of promulgation and cause true
the exercise of its appellate jurisdiction, may affirm, copies thereof to be served upon the parties or their
reverse, or modify the judgment or final order counsel.
appealed from, and may direct a new trial or further
proceedings to be had.
ii. Petition for review
Sec.40, BP 129. Form of decision in appealed iii. Petition for review on certiorari
cases.—Every decision or final resolution of a court
in appealed cases shall clearly and distinctly state Procedure in the Supreme Court (Appealed
the findings of fact and the conclusion of law on Cases)
which it is based, which may be contained in the
decision or final resolution itself, or adopted by Mode of appeal
reference from those set forth in the decision,
Rule 56, Sec. 3. Mode of appeal.—An appeal to the
order, or resolution appealed from.
Supreme Court may be taken only by a petition for
review on certiorari, except in criminal cases where
Rule 51, Sec. 5. Form of decision.—Every decision or the penalty imposed is death, reclusion perpetua or
final resolution of the court in appealed cases shall life imprisonment.
clearly and distinctly state the finding of fact and
the conclusions of law on which it is based, which Procedure
may be contained in the decision or final resolution
Rule 56, Sec. 4. Procedure.—The appeal shall be
itself, or adopted from those set forth in the
governed by and disposed of in accordance with the
decision, order, or resolution appealed from.
applicable provisions of the Constitution, laws, Rules
45, 48, sections 1, 2 and 5 to 11 of Rules 51, 52 and
The body of the judgment must contain the reasons this Rule.
or conclusions of the court to serve as a guide or
enlightenment to determine the ratio decidendi. But
Grounds for dismissal of appeal
what actually constitutes the resolution of the court
which is the subject of the execution is the Rule 56, Sec. 5. Grounds for dismissal of appeal.—
dispositive portion of the fallo. [Olac vs. CA] The appeal may be dismissed motu proprio or on
motion of the respondent on the following grounds:
Rule 51, Sec. 6. Harmless error.—No error in either
(a) Failure to take the appeal within the
the admission or the exclusion of evidence and no
reglementary period;
error or defect in any ruling or order or in anything
(b) Lack of merit in the petition;
done or omitted by the trial court or by any of the
(c) Failure to pay the requisite docket fee and
parties is ground for granting a new trial or for
other lawful fees or to make a deposit for costs;
setting aside, modifying, or otherwise disturbing a
(d) Failure to comply with the requirements
judgment or order, unless refusal to take such action
regarding proof of service and contents of and
appears to the court inconsistent with substantial
the documents which should accompany the
justice. The court at every stage of the proceedings
petition;
must disregard any error or defect which does not
(e) Failure to comply with any circular, directive or
affect the substantial rights of the parties.
order of the Supreme Court without justifiable
cause;
Rule 51, Sec. 7. Judgment where there are several (f) Error in the choice or mode of appeal; and
parties.—In all actions or proceedings, an appealed (g) The fact that the case is not appealable to the
judgment may be affirmed as to some of the Supreme Court.
appellants, and revered as to others, and the case
shall thereafter be proceeded with, so far as Improper appeal
necessary, as of separate actions had been begun
REMEDIAL LAW REVIEWER
Rule 56, Sec. 6. Disposition of improper appeal.— Agote vs. Lorenzo (2005): A question of law does
Except as provided in section 3, Rule 122 regarding not involve an examination of the probative value of
appeals in criminal cases where the penalty imposed the evidence presented by any of the litigants.
is death, reclusion perpetua or life imprisonment, an 147
appeal taken to the Supreme Court by notice of There is a question of law in a given case when the
appeal shall be dismissed. doubt or difference arises as to what the law is on a
certain state of facts; there is a question of fact
An appeal by certiorari taken to the Supreme Court when the doubt or difference arises as to the truth
from the Regional Trial Court submitting issues of or the falsehood of the facts alleged.
fact may be referred to the Court of Appeals for
decision or appropriate action. The determination of Alsua-Betts vs. CA (1979):
the Supreme Court on whether or not issues of facts General rule: CA’s findings of fact are final and
are involved shall be final. conclusive and cannot be reviewed on appeal to the
SC, provided they are borne out by the record or are
Rule 122, Sec. 3. How appeal taken.— based on substantial evidence.
(a) The appeal to the Regional Trial Court, or to the
Court of Appeals in cases decided by the Exception: CA’s findings of fact may be reviewed by
Regional Trial Court in the exercise of its the SC on appeal by certiorari when:
original jurisdiction, shall be by notice of appeal 1. Conclusion is a finding grounded entirely on
filed with the court which rendered the speculations, surmises or conjectures (Joaquin
judgment or final order appealed from and by vs. Navarro).
serving a copy thereof upon the adverse party. 2. Inference made is manifestly mistaken, absurd
(b) The appeal to the Court of Appeals in cases or impossible (Luna vs. Linatok).
decided by the Regional Trial Court in the 3. There is grave abuse of discretion in the
exercise of its appellate jurisdiction shall be by appreciation of facts (Buyco vs. Pp).
petition for review under Rule 42. 4. Judgment is based on a misapprehension of facts
(c) The appeal in cases where the penalty imposed (De la Cruz vs. Sosing).
by the Regional Trial Court is reclusion perpetua 5. The Court of Appeal’s findings of fact are
or life imprisonment, or where a lesser penalty conflicting (Casica vs. Villaseca).
is imposed but for offenses committed on the 6. The Court of Appeals, in making its findings,
same occasion or which arose out of the same went beyond the issues of the case and the
occurrence that gave rise to the more serious same is contrary to the admissions of both
offense for which the penalty of death, appellant and appellee [Nakpil & Sons vs. CA
reclusion perpetua, or life imprisonment is (1986)].
imposed, shall be by notice of appeal to the 7. The Court of Appeals manifestly overlooked
Court of Appeals in accordance with paragraph certain relevant facts not disputed by the
(a) of this Rule. parties and which, if properly considered, would
(d) No notice of appeal is necessary in cases where justify a different conclusion [Abellana vs.
the Regional Trial Court imposed the death Dosdos (1965)].
penalty. The Court of Appeals shall 8. The Court of Appeal’s findings of fact are
automatically review the judgment as provided contrary to those of the trial court, or are mere
in Section 10 of this Rule. conclusions without citation of specific
(e) Except as provided in the last paragraph of evidence, or where the facts set forth by the
section 13, Rule 124, all other appeals to the petitioner are not disputed by the respondent,
Supreme Court shall be by petition for review on or where the findings of fact of the Court of
certiorari under Rule 45. Appeals are premised on absence of evidence
but are contradicted by the evidence of record
[Manlapaz vs. CA (1987)].
General rule: An appeal taken to the Supreme Court
by notice of appeal shall be dismissed.
Perez-Rosario vs. CA (2005): Rule 65 cannot cure
the failure to appeal thru Rule 45.
Exception: Appeals in criminal cases where the
penalty imposed is death, reclusion perpetua or life
imprisonment. e. Issues to be raised on appeal
Neypes vs. CA (2005) on the fresh period rule: Review of the judgment, Directed Against an
Definition: Period of appeal is interrupted by a award or final order on the Interlocutory Order of
timely motion for new trial or reconsideration. merits the court prior to appeal
Motion for extension of time to file motion for new from the judgment, or
trial or reconsideration is not allowed. where there is no appeal
or any other plain speedy
Applicability: and adequate remedy
Rule 40 on appeals from MTC to RTC. 3. Reglementary Period
Rule 42 on petitions for review from RTC to CA.
Rule 43 on appeals from QJA to CA. Must be filed within the Not later than sixty (60)
Rule 45 on appeals by certiorari to SC. reglementary period for days from notice of the
appeal. judgment, order or
Rationale: To standardize the appeal periods resolution sought to be
provided in the Rules of Court and to afford litigants assailed.
fair opportunity to appeal their cases, the court 4. Effect on the
deems it practical to allow a fresh period of 15 days Proceedings Below
within which to file the notice of appeal in the
Regional Trial Court, counted from receipt of the Judgment, award or order No effect (i.e.,
order dismissing a motion for new trial or appealed from is stayed by proceedings below
reconsideration. the Appeal continue) unless a writ of
preliminary injunction or
f. Period of appeal a temporary restraining
order has been issued
From MTC to RTC and from RTC (original) to CA 5. Parties Involved
By notice of appeal: 15 days from notice of the
judgment or final order Original Parties to the action The parties are the
By record of appeal: 30 days from notice of the remain the same during aggrieved party against
judgment or final order appeal (albeit with the the lower court/Quasi-
From MTC to RTC (appellate) to CA: 15 days corresponding appellation of judicial agency and the
from notice of the judgment or final order but appellant and appellee), the prevailing parties, who
the Court of Appeals may grant a 15 day lower court or quasi-judicial thereby respectively
extension. No further extension shall be granted agency is not to be become the petitioner
except for the most compelling reasons and in impleaded. and the respondents.
no case longer than 15 days.
REMEDIAL LAW REVIEWER
Rule 45, Sec.3. Docket and other lawful fees; proof MTC to SC
of service of petition.—Unless he has theretofore The remedy is a petition for certiorari under
done so, the petitioner shall pay the corresponding Rule 65.
docket and other lawful fees to the clerk of court of This is not an appeal.
the Supreme Court and deposit the amount of
P500.00 for costs at the time of the filing of the i. Appeal from judgments or final orders of
petition. Proof of service of a copy thereof on the the RTC
lower court concerned and on the adverse party
shall be submitted together with the petition. RTC to CA
Under Rule 41, an appeal of judgment or final order
Dismissal or denial of petition under that completely disposes of either:
Rule 45, Sec.5. Dismissal or denial of petition.—The The case;
failure of the petitioner to comply with any of the A particular matter in the case, when declared
foregoing requirements regarding the payment of by ROC to be appealable.
the docket and other lawful fees, deposit for costs,
proof of service of the petition, and the contents of Not appealable under Rule 41
and the documents which should accompany the Order denying motion for new trial or
petition shall be sufficient ground for the dismissal reconsideration;
thereof. Order denying petition for review or any similar
motion seeking relief from judgment;
The SC may on its own initiative deny the petition on Interlocutory order;
the ground that the appeal is without merits, or is Order disallowing/dismissing appeal;
prosecuted manifestly for delay, or that the Order denying motion to set aside judgment by
questions raised therein are too unsubstantial to consent or confession or compromise on ground
require consideration. of fraud or mistake or duress or any other
vitiation of consent;
REMEDIAL LAW REVIEWER
Special proceedings also admit of multiple appeals. NLRC judgments and final orders or resolutions are
now reviewable, in the first instance, by the Court
Ko vs. PNB (2006): The order of dismissal due to of Appeals on certiorari under Rule 65, but those of
failure to prosecute is appealable by notice of the Employees Compensation Commission should be
appeal under Rule 41. brought to the Court of Appeals through a petition
for review under this Rule. Also, appeals from the
Philexport vs. PI (2004): But an order of dismissal Office of the Ombudsman in administrative
without prejudice is not appealable under Rule 41. disciplinary cases are now covered by this Rule.
[Fabian vs. Desierto (1998)]
Lanaria v. Planta (2007): Submission of a document
together with the motion for reconsideration q. Review of final judgments or final orders
constitutes substantial compliance with compliance of quasi-judicial agencies
with Section 2, Rule 42 or the requirement that
relevant or pertinent documents be submitted along QJA to CA
with the petition, and calls for the relaxation of
procedural rules Applicability
Appeals from judgments or final orders of the CTA
RTC to CA to SC and from awards, judgments, final orders or
The remedy is a petition for review on certiorari resolutions of or authorized by any quasi-judicial
under Rule 45. agency (QJA) in the exercise of its quasi-judicial
functions: (arranged alphabetically)
RTC to SC
The remedy is a petition for certiorari under Agricultural Inventions Board (AIB);
Rule 65. Board of Investments (BOI);
This is not an appeal. Bureau of Patents, Trademarks and Technology
Transfer (BPTTT);
REMEDIAL LAW REVIEWER
Central Board of Assessment Appeals (CBAA); when the questioned order amounts to an
Civil Aeronautics Board (CAB); oppressive exercise of judicial authority. [DECS
Civil Service Commission (CSC); v. Cuanan (2008)]
Construction Industry Arbitration Commission; 153
Department of Agrarian Reform (DAR under RA QJA to CA to SC
6657) Remedy is a petition for review on certiorari under
Employees Compensation Commission (ECC); Rule 45.
Energy Regulatory Board (ERB);
Government Service Insurance System (GSIS); QJA to SC
Insurance Commission; Remedy is a petition for certiorari under Rule 65,
Land Registration Authority (LRA); which is not an appeal.
National Electrification Administration (NEA);
National Telecommunications Commission 3. Relief from judgments, orders and
(NTC);
Office of the President (OP); other proceedings
Philippine Atomic Energy Commission (PAEC);
Securities and Exchange Commission (SEC); Definition: It is a legal remedy whereby a party
Social Security Commission (SSC); seeks to set aside a judgment rendered against him
Voluntary arbitrators authorized by law. by a court whenever he is unjustly deprived of a
hearing or was prevented from taking an appeal
A resolution of the DOJ Secretary is not appealable because of fraud, accident, mistake or excusable
under Rule 43. Recourse should be to the President, negligence.
instead of the CA, under the established principle of
exhaustion of administrative remedies. [Orosa vs. Francisco vs. Puno: A party who has filed a timely
Roa (2006)] motion for new trial or motion for reconsideration
can no longer file a petition for relief from judgment
Exhaustion of administrative remedies: If an after his motion has been denied. These remedies
appeal/remedy obtains or is available within the are mutually exclusive. It is only in appropriate cases
administrative machinery, this should be resorted to where a party aggrieved by the judgment has not
before resort can be made to the courts. been able to file a motion for new trial or motion for
reconsideration that a petition for relief can be
Under Rule 43, Sec. 4 the petition should be filed filed.
within 15 days from:
Notice of the final order; or a. Grounds for availing of the remedy
The date of its last publication, if publication is
required by law for its effectivity; or Rule 38, Sec.1. Petition for relief from judgment,
The denial of the petitioner’s MFR duly filed order, or other proceedings.—When a judgment or
according to the governing law of the court or final order is entered, or any other proceeding is
agency a quo. [Villorente vs. Laiya (2005)] thereafter taken against a party in any court through
fraud, accident, mistake, or excusable negligence,
Under Rule 43, there is no need to implead the lower he may file a petition in such court and in the same
court or agency which rendered the assailed case praying that the judgment, order or proceeding
decision. [Basmayor v. Atencio (2005)] be set aside.
Submission of the duplicate original or certified true The relief provided for by Rule 38 is of equitable
copy of judgment, order, resolution or ruling subject character and is only allowed in exceptional cases,
of a petition for certiorari is essential to determine that is where there is no other available or adequate
whether or not the court, body or tribunal which remedy. A petition for relief is not regarded with
rendered the same indeed committed grave abuse of favor and judgment will not be disturbed where the
discretion. Either a legible duplicate original or party complaining has or by his exercising proper
certified true copy thereof shall be submitted. If diligence would have had an adequate remedy at
what is submitted is a copy, then it is required that law, as where petitioner could have proceeded by
the same is certified by the proper officer of the appeal to vacate or modify the default judgment.
court, tribunal, agency or office involved. This is to [Manila Electric vs. CA (1990))
assure that such copy is a faithful reproduction of
the judgment, order, resolution or ruling subject of Petition for relief under Rule 38 is an admission that
the petition. [Coca-cola v. Cabalo (2006)] the period to appeal from the decision had already
expired. [David vs CA (1992))
Recourse to a petition for certiorari under Rule 65
renders the petition dismissible for being the wrong
b. Time to file petition
remedy. Nonetheless, there are exceptions to this
rule:
when public welfare and the advancement of Rule 38, Sec.3. Time for filing petition; contents
public policy dictates; and verification.—A petition provided for in either of
when the broader interest of justice so requires; the preceding sections of this Rules must be verified,
when the writs issued are null and void; or filed within 60 days after the petitioner learns of the
judgment, final order, or other proceeding to be set
REMEDIAL LAW REVIEWER
When all else fails, there is jurisprudence to the The term “finality of judgment for purposes of
effect that a patently void judgment may be dealt appeal” refers to interlocutory orders which:
with by a Main Action for Injunction.
are not decisions within the constitutional 155
Some jurisprudential basis definition [Armargo v. CA]
Remedial Law Jurisprudence such as Spouses are those that determine incidental matters
Benatiro vs. Heirs of Cuyos, (2008) and Agustin vs. that do not touch on the merits of the case or
Bacalan, (1985) on the matter of void judgment put an end to proceedings. The following are
particularly refer to Rule 47 as a remedy against a examples of an interlocutory order:
void judgment. This remedy, however, should be - an order denying a motion to dismiss;
availed of only when the appropriate remedies are - an order granting an extension of time to file
no longer available without fault on the part of the a pleading, or one authorizing an amendment
petitioner. thereof;
- order granting or denying applications for
Although Section 2 of Rule 47 of the Rules of Court postponement or inspection of documents.
provides that annulment of a final judgment or order [Riano]
of an RTC may be based "only on the grounds of
extrinsic fraud and lack of jurisdiction," The word interlocutory refers to something
jurisprudence recognizes denial of due process as intervening between the commencement and the
additional ground therefore (Spouses Benatiro Case). end of a suit which decides some point or matter but
is not a final decision of the whole controversy.
Montinola vs. Judge Gonzales (1989): A VOID [Ramiscal, Jr. v. Sandiganbayan]
JUDGMENT IS LIKE AN OUTLAW WHICH MAY BE SLAIN
AT SIGHT WHEREVER OR WHENEVER IT EXHIBITS ITS A final judgment or order is one that finally disposes
HEAD. The proper remedy in such case, after the of a case, leaving nothing more to be done by the
time for appeal or review has passed, is for the Court in respect thereto, e.g., an adjudication on
aggrieved party to bring an action to enjoin the the merits which, on the basis of the evidence
judgment. presented at the trial, declares categorically what
the rights and obligations of the parties are and
Assuming the judgment to have been void as alleged which party is in the right; or a judgment or order
by the proponent of this motion, the proper remedy that dismisses an action on the ground, for instance,
was by an original proceeding and not by motion in of res judicata or prescription. Once rendered, the
the cause" (Banco Espanol vs. Palanca). A final task of the Court is ended, as far as deciding the
judgment may be annulled on the ground of lack of controversy or determining the rights and liabilities
jurisdiction, fraud, or that it is contrary to law. of the litigants is concerned. Nothing more remains
(Panlilio vs. Garcia, 119 SCRA 307) to be done by the Court except to await the parties'
next move (which among others, may consist of the
filing of a motion for new trial or reconsideration, or
the taking of an appeal) and ultimately, of course,
XVII. EXECUTION, SATISFACTION to cause the execution of the judgment once it
AND EFFECT OF JUDGMENTS becomes 'final or, to use the established and more
distinctive term, 'final and executory.
1. Difference between finality of judgment
for purposes of appeal; for purposes of The proper remedy to question an improvident
execution interlocutory order is a petition for certiorari under
2. When execution shall issue Rule 65, not Rule 45. A petition for review under
3. How a judgment is executed Rule 45 is the proper mode of redress to question
4. Properties exempt from execution only final judgments. Investments, Inc. v. Court of
5. Proceedings where property is claimed by Appeals
third persons
Execution is a matter of right upon the expiration of
6. Rules on Redemption the period to appeal and no appeal was perfected
7. Examination of Judgment Obligor When from a judgment or order that disposes of the action
Judgment is unsatisfied or proceeding. [Rule 39.1, RoC]
8. Examination of Obligor of Judgment
Obligor It can be noted that the Supreme Court made a
9. Effect of Judgment or Final Orders hairline distinction between finality of order for
10. Enforcement and Effect of Foreign appeals and for execution. It is submitted that upon
Judgments or Final Orders court’s issuance of a judgment touching upon the
merits of a case, it is final for the purposes of an
appeal, but NOT for execution. Finality for the
1. Difference between finality of purposes of execution refers to the expiration of the
judgment for purposes of appeal; for period to appeal and no appeal was perfected.
purposes of execution
REMEDIAL LAW REVIEWER
2. When execution shall issue After the lapse of such time, and before it is barred
by the statute of limitations, a judgment may be
156 General rule: When the judgment or order becomes enforced by action.
executory, the court cannot refuse to issue a writ of
execution. The revived judgment may also be enforced by
motion within five (5) years from the date of its
Exceptions: The issuance of a writ of execution entry and thereafter by action before it is barred by
which issues as a matter of right can be countered in the statute of limitations.
any of the following cases (R-I-N-S-E-D):
When a PETITION FOR RELIEF or an action to The maximum period within which a final and
enjoin judgment is filed and a preliminary executory judgment may be executed is 20 years
injunction is prayed for and granted (Rule 38.5); (Rule 39.6 in relation to New Civil Code provision on
When the judgment turns out to be INCOMPLETE prescription of judgment).
OR IS CONDITIONAL since as a matter of law,
such judgment CANNOT BE FINAL; Exceptions:
When the judgment has been NOVATED BY THE Judgments for support WHICH DO NOT BECOME
PARTIES DORMANT AND WHICH CAN BE EXECUTED BY
When SUBSEQUENT FACTS AND CIRCUMSTANCES MOTION [Canonizado v. Benitez] except for
transpire as to render such execution unjust or support in arrears beyond 10 years from the
impossible date they become due;
On EQUITABLE GROUNDS as when there has been Contempt orders by reason of unauthorized
a change in the situation of the parties which reentry on the land by the ejected defendant
makes execution INEQUITABLE. [Azotes v. Blanco];
When the judgment becomes DORMANT, the 5- Issuance of writs of possession in FORECLOSURE
year period under Rule 39.6 having expired CASES within the statute of limitations;
without the judgment having been revived. Land registration proceedings (and other special
proceedings), hence the right to ask for a WRIT
a. Execution as a matter of right OF POSSESSION THEREIN NEVER PRESCRIBES
Heirs of Justice J.B.L. Reyes v. CA (2000): A then deliver said payment to the judgment obligee
JUDGMENT OF THE CA CANNOT BE EXECUTED in satisfaction of the judgment.
PENDING APPEAL. It is acquired either by the arrest p
of the accused or by his voluntary appearance in The excess, if any, shall be delivered to the
157
court. judgment obligor while the lawful fees shall be
retained by the clerk of court for disposition as
General rule: The filing of a supersedeas bond is provided by law. In no case shall the executing
sufficient to stay the enforcement of a discretionary sheriff demand that any payment by check be made
execution. payable to him.
c. Execution of judgments for money (asked If the judgment obligor cannot pay all or part of the
in the 2007 Bar Exam) obligation in cash, certified bank check or other
mode of payment acceptable to the judgment
i. Immediate payment on demand obligee, the officer shall levy upon:
the properties of the judgment obligor of every
Procedure: kind and nature whatsoever which may be
disposed, of for value, and
The sheriff or executing officer demands from the not otherwise exempt from execution
judgment obligor the immediate payment of the full p
amount stated in the writ of execution and all lawful The sheriff gives the judgment obligor the option as
fees. to which of the property or part thereof may be
p levied upon, sufficient to satisfy the judgment.
The judgment obligor shall pay in cash, certified p
bank check payable to the judgment obligee, or ANY If the judgment obligor does not exercise the option,
OTHER FORM OF PAYMENT ACCEPTABLE TO THE the officer shall first levy on the personal properties,
LATTER (e.g., dacion en pago), the amount of the if any, and then on the real properties if the
judgment debt under proper receipt directly to the personal properties are insufficient to answer for the
judgment obligee or his authorized representative if judgment.
present at the time of payment. p
p The sheriff shall sell only a sufficient portion of the
The lawful fees shall be handed under proper receipt personal or real property of the judgment obligor
to the executing sheriff who shall turn over the said which has been levied upon.
amount within the same day to the clerk of court of p
the court that issued the writ. When there is more property of the judgment obligor
p than is sufficient to satisfy the judgment and lawful
If the judgment obligee or his authorized fees, he must sell only so much of the personal or
representative is not present to receive payment, real property as is sufficient to satisfy the judgment
the judgment obligor shall deliver the aforesaid and lawful fees.
payment to the executing sheriff. The latter shall
turn over all the amounts coming into his possession
within the same day to the clerk of court of the Levy Garnishment
court that issued the writ, or if the same is not seizure of property, the process of notifying
practicable, deposit said amounts to a fiduciary personal and/or real, a third person (the
account in the nearest government depository bank belonging to the garnishee) to retain and
of the Regional Trial Court of the locality. judgment debtor for attach the property he
p subsequent execution has in his possession or
The clerk of said court shall thereafter arrange for sale to satisfy judgment under his control
the remittance of the deposit to the account of the Garnishment is belonging to the
court that issued the writ whose clerk of court shall judgment debtor, to
make disclosure to the
REMEDIAL LAW REVIEWER
Garnishment is not a violation of RA 1405 on the ii. Sale of real or personal property
secrecy of bank deposits. [Chinabank v. Ortega] If judgment is rendered ordering the sale of real or
personal property, an order for execution shall be
Procedure: issued describing such property as may be ordered
sold, selling it, and applying the proceeds in
Levy shall be made by SERVING NOTICE UPON THE conformity with the judgment’s instructions.
PERSON OWING SUCH DEBTS OR HAVING IN HIS
POSSESSION OR CONTROL SUCH CREDITS TO WHICH iii. Delivery or restitution of real property
THE JUDGMENT OBLIGOR IS ENTITLED. The The officer shall demand of the person against whom
garnishment shall cover only such amount as will the judgment for the delivery or restitution of real
satisfy the judgment and all lawful fees. property is rendered and all persons claiming rights
p under him to peaceably vacate the property within
The garnishee shall make a WRITTEN REPORT to the three (3) working days, and restore possession
court within five (5) days from service of the notice thereof to the judgment obligee.
of garnishment stating whether or not the judgment
obligor has sufficient funds or credits to satisfy the Otherwise, the officer shall oust all such persons
amount of the judgment. If not, the report shall therefrom with the assistance, if necessary, of
state how much funds or credits the garnishee holds appropriate peace officers, and employing such
for the judgment obligor. means as may be reasonably necessary to retake
possession, and place the judgment obligee in
p
possession of such property.
The garnished amount in cash, or certified bank
check issued in the name of the judgment obligee,
ANY COSTS, DAMAGES, RENTS OR PROFITS AWARDED
shall BE DELIVERED DIRECTLY TO THE JUDGMENT
BY THE JUDGMENT SHALL BE SATISFIED IN THE SAME
OBLIGEE within ten (10) working days from service of
MANNER AS A JUDGMENT FOR MONEY.
notice on said garnishee requiring such delivery,
except the lawful fees which shall be paid directly to
the court. iv. Removal of improvements on property subject
of execution
p When the property subject of the execution contains
In the event there are two or more garnishees improvements constructed or planted by the
holding deposits or credits sufficient to satisfy the judgment obligor or his agent, the officer shall not
judgment, the judgment obligor, if available, shall destroy, demolish or remove said improvements
have the right to indicate the garnishee or except upon special order of the court, issued upon
garnishees who shall be required to deliver the motion of the judgment obligee after the hearing
amount due, otherwise, the choice shall be made by and after the former has failed to remove the same
the judgment obligee. within a reasonable time fixed by the court.
p
The executing sheriff shall observe the same v. Delivery of personal property
procedure under IMMEDIATE PAYMENT ON DEMAND In judgment for the delivery of personal property,
with respect to delivery of payment to the judgment the officer shall take possession of the same and
obligee. forthwith deliver it to the party entitled thereto and
satisfy any judgment for money as therein provided.
e. Execution of special judgments
d. Execution of judgments for specific acts
When a judgment requires the performance of ANY
i. Conveyance, delivery of deeds, or other specific ACT OTHER THAN THOSE MENTIONED IN THE TWO
acts
REMEDIAL LAW REVIEWER
PRECEDING SECTIONS (EXECUTION OF JUDGMENT The right to receive legal support, or money or
FOR MONEY AND SPECIFIC ACTS), a certified copy of property obtained as such support, or any
the judgment shall be attached to the writ of pension or gratuity from the Government;
execution and shall be served by the officer upon Properties specially exempted by law. (e.g., 159
the party against whom the same is rendered, or property mortgaged to the DBP [Section 26, CA
upon any other person required thereby, or by law, 458]; savings of national prisoners deposited
to obey the same, and such party or person may be with the POSTAL SAVINGS BANK [Act 2489];
punished for contempt if he disobeys such judgment. benefits from private retirement systems of
companies and establishments with limitations
Special judgments are those which can be complied [RA 4917]; laborer’s wages except for debts
with by the judgment obligor because of his personal incurred for food, shelter, clothing and medical
qualifications or circumstances (e.g., a judgment attendance [ART 1708, CIVIL CODE]; benefit
ordering a partner to render an accounting, a payments from SSS [Section 16, RA 1161 AS
judgment ordering a party to comply with his AMENDED])
recording contract otherwise, pay damages).
Exception: However, no article or species of
Note the difference with sections 9 and 10 (on property mentioned in this section shall be exempt
execution of money judgments and specific acts) from:
where contempt is not a remedy against execution issued upon a judgment recovered for
disobedience by a party. its price, or
upon a judgment of foreclosure of a mortgage
f. Effect of levy on third persons thereon.
obligee. The officer shall not be bound to keep the - REDEMPTIONER, within one year from the
property as a general rule. date of registration of the certificate of sale;
p or within 60 days from the last redemption by
Sheriff is bound to keep the property when the another redemptioner. 161
judgment obligee, on demand of the officer, files a - BUT IN ALL CASES, the judgment obligor shall
bond approved by the court to indemnify the third- have the entire period of 1 YEAR from the
party claimant in a sum not less than the value of date of registration of the sale to redeem the
the property levied on. property.
- IF THE JUDGMENT OBLIGOR REDEEMS, no
p
further redemption is allowed and he is
In case of disagreement as to such value of the restored to his estate.
bond, the same shall be determined by the court - THE PERIOD FOR REDEMPTION IS NOT
issuing the writ of execution. SUSPENDED by an action to annul the
foreclosure sale.
No claim for damages for the taking or keeping of
the property may be enforced against the bond If the certificate of sale is not registered, the
unless the action therefor is filed within one period for redemption does not run (Garcia vs.
hundred twenty (120) days from the date of the Ocampo). But where parties agreed on the date
filing of the bond. of redemption, the statutory period for legal
redemption was converted into one of
The officer shall not be liable for damages for the conventional redemption and the period binding
taking or keeping of the property, to any third-party on them is that agreed upon. [Lazo v. Republic
claimant if such bond is filed Surety & Insurance Co., Inc (1970)]
Apart from Rule 39, the only other provisions of the The right of redemption is transferable and may
Rules of Court dealing with terceria or third party be voluntarily sold [Gomez v. La Germinal] but
claims are Rule 57.14 on preliminary attachment and said right cannot be levied upon by the
Rule 60.7 on replevin. judgment creditor. The creditor may not
deprive the debtor of any further rights to the
Sierra v. Rodriguez and Northern Motors v. property [Lichauco v. Olegario]
Coquia: The third party claimant CANNOT APPEAL
NOR AVAIL OF CERTIORARI AS A REMEDY in the event In effecting redemption, the mortgagor has the
that his claim was denied since HE IS A NONPARTY to duty of tendering payment (actual tender of
the original action. payment of the redemption price) before the
redemption period expires. [Banco Filipino
Intervention by a third-party claimant whose Savings and Mortgage Bank v. CA (2005)]
property had been levied upon by the sheriff in the However, neither to make an offer to redeem
action from which the writ pursuant to which the nor to make tender of payment of the
levy was made was issued must be made before repurchase price is necessary when the right to
rendition of judgment by the trial court. He can no redeem is exercised through the filing of a
longer intervene once the trial court already issues a complaint to redeem. The filing of an action to
writ of execution. [Bautista] redeem within that period is equivalent to a
formal offer to redeem. [Vda. de Panaligan v.
6. Rules on Redemption CA (1996)]
There is no right of redemption where the Redemption price varies depending on who the
property sold at judicial sale is personal redemptioner is:
property. - If judgment obligor: Purchase price
o 1 % interest thereon up to the time of
Real property sold or any part thereof sold redemption
separately, may be redeemed in the manner o Any amount of assessments or taxes which
hereinafter provided, by the following persons: the purchaser may have paid thereon after
- The judgment obligor; or his successor in purchase and interest on such last named
interest in the whole or any part of the amount at the same rate.
property; o If the purchaser be also a creditor having
- A creditor having a lien by virtue of an prior lien to that of the redemptioner,
attachment, judgment or mortgage on the other than the judgment under which such
property sold, or on some part thereof, purchase was made, the amount of such
subsequent to the lien under which the other lien, with interest.
property was sold. Such redeeming creditor is
termed a redemptioner. [Section 27, Rule 39] - If redemptioner: Amount paid on the last
redemption
Redemption can be made by either: o 2% interest thereon.
- JUDGMENT OBLIGOR, within one year from o Any amount of assessments or taxes which
the date of registration of the certificate of the last redemptioner may have paid
sale thereon after redemption by him with
interest on such last named amount;
REMEDIAL LAW REVIEWER
o Amount of any liens held by said last period of redemption. In all, the judgment
redemptioner prior to his own with interest debtor shall exercise the following rights:
162 - Remain in possession of the property
Effects of redemption - He cannot be ejected;
[Section 29, Rule 39] - Use the property in the same manner it was
If the judgment obligor redeems he must make previously used;
the same payments as are required to effect a - Make Necessary repairs to buildings thereon
redemption by a redemptioner, whereupon, no while he occupies the property
further redemption shall be allowed and he is - Use it in the ordinary course of husbandry
restored to his estate. - Collect rents, earnings and income derived
The person to whom the redemption payment is from the property until the expiration of
made must execute and deliver to him a period of redemption.
certificate of redemption acknowledged before
a notary public or other officer authorized to [Section 33, Rule 39]
take acknowledgments of conveyances of real If no redemption be made within one (1) year
property. from the date of the registration of the
Such certificate must be filed and recorded in certificate of sale, the purchaser is entitled to a
the registry of deeds of the place in which the conveyance and possession of the property; or,
property is situated and the registrar of deeds if so redeemed whenever sixty (60) days have
must note the record thereof on the margin of elapsed and no other redemption has been
the record of the certificate of sale. made, and notice thereof given, and the time
The payments mentioned in this and the last for redemption has expired, the last
preceding sections may be made to the redemptioner is entitled to the conveyance and
purchaser or redemptioner, or for him to the possession;
officer who made the sale. but in all cases the judgment obligor shall have
the entire period of one (1) year from the date
[Section 30, Rule 39] of the registration of the sale to redeem the
A redemptioner must produce to the officer, or property.
person from whom he seeks to redeem, and serve The deed shall be executed by the officer
with his notice to the officer making the sale or by his successor in office,
a copy of the judgment or final order under and in the latter case shall have the same
which he claims the right to redeem, certified validity as though the officer making the sale
by the clerk of the court wherein the judgment had continued in office and executed it.
or final order is entered, OR, Upon the expiration of the right of redemption,
if he redeems upon a mortgage or other lien, a the purchaser or redemptioner shall be
memorandum of the record thereof, certified by substituted to and acquire all the rights, title,
the registrar of deeds, OR interest and claim of the judgment obligor to
an original or certified copy of any assignment the property as of the time of the levy.
necessary to establish his claim; AND The possession of the property shall be given to
an affidavit executed by him or his agent, the purchaser or last redemptioner by the same
showing the amount then actually due on the officer unless a third party IS ACTUALLY
lien. HOLDING THE PROPERTY adversely to the
judgment obligor.
[Section 31, Rule 39]
Until the expiration of the time allowed for Recovery of purchase price and revival of judgment:
redemption, the court may, as in other proper A judgment co-debtor may compel a
cases, restrain the commission of waste on the contribution from the others:
property by injunction, on the application of the - When property liable to an execution against
purchaser or the judgment obligee, with or several persons is sold thereon, and
without notice; - more than a due proportion of the judgment
but it is not waste for a person in possession of is satisfied out of the proceeds of the sale of
the property at the time of the sale, or entitled the property of one of them, or
to possession afterwards, during the period - one of them pays, without a sale, more than
allowed for redemption, to continue to use it in his proportion,
the same manner in which it was previously A surety may compel repayment from the
used, or to use it in the ordinary course of principal:
husbandry; or to make the necessary repairs to - When a judgment is upon an obligation of one
buildings thereon while he occupies the of them, as security for another, and the
property. surety pays the amount, or any part thereof,
The purchaser or a redemptioner shall not be either by sale of his property or before sale.
entitled to receive the rents, earnings and [Section 35, Rule 39].
income of the property sold on execution, or the -
value of the use and occupation thereof when
such property is in the possession of a tenant. 7. Examination of Judgment Obligor
All rents, earnings and income derived from the
property pending redemption shall belong to the When Judgment is unsatisfied
judgment obligor until the expiration of his
REMEDIAL LAW REVIEWER
and causes of action In either case, the judgment or final order may
The first judgment The first judgment is be repelled by evidence of a want of
164 constitutes an absolute conclusive only as to jurisdiction, want of notice to the party,
bar to all matters matters directly collusion, fraud, or clear mistake of law or fact
directly adjudged and adjudged and actually (Rule 39 Sec. 48).
those that might have litigated in the first Such limitation on the review of foreign
been adjudged. action. Second action judgment is adopted in all legal systems to avoid
can be prosecuted. repetitive litigation on claims and issues,
prevent harassment of the parties and avoid
REQUISITES OF RES JUDICATA undue imposition on the courts.
finality of the former judgment; This policy of preclusion rests on principles of
the court which rendered it had jurisdiction comity, utility and convenience of nations.
over the subject matter and the parties As a generally accepted principle of
it must be a judgment on the merits international law, it is part of the law of the
there must be, between the first and second Philippines by virtue of the Incorporation Clause
actions, identity of parties, subject matter and (Section 2, Article II) of the 1987 Constitution
causes of action [Perez v. CA (2005)] [Regalado].
satisfaction of whatever judgment may be rendered Action against a party who has removed or
in the case [Davao Light v CA 204 SCRA 343] disposed of his property, or is about to do so,
AND with intent to defraud his creditors; or
Purposes 165
To seize the property of the debtor in advance Action against a party who does not reside and
of final judgment and to hold it for purposes of is not found in the Philippines, OR on whom
satisfying the said judgment. summons may be served by publication.
To enable the court to acquire jurisdiction over
the action by the actual or constructive seizure NOTE: the rule also refers to persons on whom
of the property in those instances where summons may be served by publication and
personal service of summons on the creditor against whose property, preliminary attachment
cannot be effected. [Quasha vs. Juan (1982)] may be availed of such as:
- Residents defendants whose identity or whose
a. Grounds for issuance of writ of attachment whereabouts are unknown (Rule 14.14)
[Rule 57.1] (Asked in 2001 and 2005) - Resident defendants who are temporarily out
of the country (14.16)
A preliminary attachment may be applied for
at the commencement of the action or
at any time before the entry of judgment.
Stages in the grant of preliminary attachment
It may be applied for by the plaintiff OR any proper The court issues the order granting the
party (including a defendant who filed a application
counterclaim, cross-claim, or a third party The writ of attachment issues pursuant to the
complaint) order granting the writ
The writ is implemented
There are only specific situations where preliminary
attachment may issue: For the first two stages, jurisdiction over the person
Action for recovery of a specified amount of of the defendant is NOT necessary. However, once
money or damages, EXCEPT moral and the implementation of the writ commences, the
exemplary, court must have acquired jurisdiction over the
- on a cause of action arising from law, defendant. [Cuartero, supra]
contract, quasi-contract, delict, or quasi-
delict b. Requisites
- against a party who is about to depart from
the Philippines with intent to defraud his Case must be any of those where preliminary
creditors; attachment is proper
Applicant must file a motion (ex parte or with
Action for money or property, embezzled or notice and hearing)
fraudulently misapplied or converted to his own Applicant must show by affidavit (under oath)
use by either: that there is no sufficient security for the claim
- a public officer, an officer of a corporation, sought to be enforced;
an attorney, factor, broker, agent, or clerk, in Applicant must post an attachment bond
the course of his employment as such, executed to the adverse party (Rule 57.3)
- OR by any other person in a fiduciary
capacity, or for a willful violation of duty; c. Issuance and contents of order of
attachment; affidavit and bond
Action to recover the possession of property
unjustly or fraudulently taken, detained or Issuance and contents of order of attachment
converted, [Rule 57.2]
- when the property, or any part thereof, has An order of attachment may be issued EITHER
been concealed, removed, or disposed of to - ex parte or
prevent its being found or taken by the - upon motion with notice and hearing
applicant or an authorized person; by the court in which the action is pending,
NOTE: rule makes no distinction between real It must require the sheriff of the court to attach
and personal property [Riano] so much of the property in the Philippines of the
party against whom it is issued, not exempt
Action against a party who has been guilty of a from execution, as may be sufficient to satisfy
fraud in contracting the debt or incurring the the applicant's demand, EXCEPT if such party
obligation upon which the action is brought, OR makes deposit or gives bond in an amount equal
in the performance thereof; to that fixed in the order. The amount may be
- sufficient to satisfy applicant’s demand, or
NOTE: the delivery of counterfeit money or - the value of the property to be attached,
knowingly issuing a bounced check are exclusive of costs.
considered as grounds under this rule [Riano]
REMEDIAL LAW REVIEWER
Several writs may be issued at the same time to until jurisdiction over the person is acquired by
the sheriffs of the courts of different judicial service of summons. Otherwise, the implementation
166 regions. is null and void. [Riano]
hours after the sheriff's return of service and/or General rule: TRO is effective only for a period of
the records are received by the branch selected 20 days from service on the party or person sought
by raffle. [Rule 58.4] to be enjoined
169
Status Quo Order vs. Injunction (Asked in the 2006 Exceptions: If the matter is of extreme urgency and
bar exams) the applicant will suffer grave injustice and
A status quo order is in the nature of a cease and irreparable injury: effective for only 72 hours from
desist order. It is resorted to when the projected issuance
proceedings in the case made the conservation of
the status quo desirable or essential, but the Issued Effectivity:
affected party neither sought such relief nor did the by:
allegations in his pleading sufficiently make out a RTC 20 days, non-extendible (including the
case for a temporary restraining order. original 72 hours)
CA May be effective for 60 days from service
It does NOT direct the doing or undoing of acts but is on the party or person sought to be
an order to maintain the last, actual, peaceable and enjoined.
uncontested state of things which preceded the SC May be effective until further orders
controversy.
c. Kinds of Injunction
b. Requisites
i. Preliminary preventive injunction – prohibits the
Requirements for preliminary injunction [Rule performance of a particular act or acts
58.4]
There must be a verified application When preventive injunction does not lie:
The application must show facts entitling the To restrain collection of taxes (Valley Trading vs
applicant to the relief demanded. CA), EXCEPT where there are special
- It must establish he has a right and the act circumstances that bear the existence of
against which the injunction is directed is irreparable injury. [Churchill & Tait vs Rafferty
violative of such right (PNB v Timbol 451 SCRA (1915)]
163) To restrain the sale of conjugal properties
A bond must be filed, unless exempted, in the where the claim can be annotated on the title
court where the action/proceeding is pending, as a lien, such as the husband’s obligation to
in an amount to be fixed by the court (asked in give support. [Saavedra vs Estrada (1931)]
the 2006 Bar exam) To restrain a mayor proclaimed as duly elected
Prior notice and hearing for the party/person from assuming his office. [Cereno vs Dictado
sought to be enjoined. (1988)]
To restrain registered owners of the property
EXCEPTIONS: from selling, disposing and encumbering their
- Great or irreparable injury would result to the property just because the respondents had
applicant before the matter can be heard on executed Deeds of Assignment in favor of
notice. petitioner. [Tayag vs. Lacson (2004)]
o The court may issue a TRO effective for 20 Against consummated acts. [PNB vs Adi; Rivera
days from service on the party sought to be v. Florendo, 1986; Ramos, Sr. v. CA, 1989; Zabal
enjoined. vs CA]
o Injury is “irreparable” if it is of such EXCEPTION: If the act is of continuing nature
constant and frequent recurrence that no and in derogation of plaintiff’s right at the
fair or reasonable redress can be had outset.
therefore in court of law or where there is Against disposing of the case on the merits
no standard by which their amount can be [Ortigas and Company Limited Partnership vs CA
measured with reasonable accuracy. (1988)]
- Matter is of extreme urgency and the To stop the execution of judgment where the
applicant will suffer grave injustice and judgment was already executed. (Meneses vs
irreparable injury Dinglasan)
o Judge may issue ex parte a TRO effective EXCEPTION: But where the lower court enforced
for 72 hours from issuance. its judgment before a party against whom the
o Within 72 hours, judge shall conduct a execution was enforced could elevate her
summary hearing to determine whether the appeal in an injunction suit, which was
TRO shall be extended until the application instituted to prevent said execution, an
for preliminary injunction can be heard. independent petition for injunction in the Court
o Maximum period of effectivity of TRO=20 of Appeals is justified. [Manila Surety and
days (including 72 hrs) Fidelity vs Teodoro (1967)]
The CFI has no power to issue a writ of
If the application for preliminary injunction is denied injunction against the Register of Deeds if its
or not resolved within said period, the TRO is effect is to render nugatory a writ of execution
deemed automatically vacated. issued by the National Labor Relations
Commission. [Ambrosio vs Salvador (1978)]
EFFECTIVITY OF TRO [58.5]
REMEDIAL LAW REVIEWER
constitutional issue, such that unless a judgment, or otherwise to carry the judgment
temporary restraining order is issued, grave into effect;
172 injustice and irreparable injury will arise. The Whenever in other cases it appears that the
applicant shall file a bond, in an amount to be appointment of a receiver is the most
fixed by the court, which bond shall accrue in convenient and feasible means of preserving,
favor of the government if the court should administering, or disposing of the property in
finally decide that the applicant was not litigation. [Rule 59.1]
entitled to the relief sought.
Specific situations when a receiver may be
5. Receivership (Asked in the 2001 appointed
If a spouse without just cause abandons the
Bar Exam) other or fails to comply with his/her obligations
to the family, the aggrieved spouse may petition
Nature the court for receivership. [Family Code, Article
Receiver: person appointed by the court in behalf of 101]
all the parties to the action for the purpose of The court may appoint a receiver of the
preserving and conserving the property in litigation property of the judgment obligor; and it may
and prevent its possible destruction or dissipation, if also forbid a transfer or other disposition of, or
it were left in the possession of any of the parties. any interference with, the property of the
judgment obligor not exempt from execution.
Purpose: The purpose of a receivership as a [Rule 39.41]
provisional remedy is to protect and preserve the After the perfection of an appeal, the trial court
rights of the parties during the pendency of the main retains jurisdiction to appoint a receiver of the
action, during the pendency of an appeal or as an property under litigation since this matter does
aid in the execution of a judgment when the writ of not touch upon the subject of the appeal. [Rule
execution has been returned unsatisfied. The 41.9; Acuña v. Caluag (1957)]
receivership under Rule 59 is directed to the After final judgment, a receiver may be
property which is the subject of the action and does appointed as an aid to the execution of
not refer to the receivership authorized under judgment. [Philippine Trust Company v.
banking laws and other rules or laws. Rule 59 Santamaria (1929)]
presupposes that there is an action and that the Appointment of a receiver over the property in
property subject of the action requires its custodia legis may be allowed when it is
preservation. Receivership under Rule 59 is ancillary justified by special circumstances, as when it is
to the main action. (Riano). reasonably necessary to secure and protect the
rights of the real owner. [Dolar v. Sundiam
Commodities Storage v. CA (1997): The guiding (1971)]
principle is the prevention of imminent danger to
the property. If an action by its nature, does not Alcantara v. Abbas (1963): The general rule is that
require such protection or preservation, said remedy neither party to the litigation should be appointed as
cannot be applied for and granted. a receiver without the consent of the other because
a receiver is supposed to be an impartial and
Arranza v. B.F. Homes (2000): Receivership is disinterested person.
aimed at the preservation of, and at making more
secure, existing rights; it cannot be used as an Abrigo v. Kayanan (1983): A clerk of court should
instrument for the destruction of those rights. not be appointed as a receiver as he is already
burdened with his official duties.
a. Cases when receiver may be appointed
b. Requisites
When it appears from the verified application
and other proof that the applicant has an
c. Requirements before issuance of an Order
interest in the property or fund which is the
subject of the action or proceeding, and that
Requisites and Procedure
such property or fund is in danger of being lost,
Verified application filed by the party
removed, or materially injured unless a receiver
requesting for the appointment of the receiver;
be appointed to administer and preserve it;
Applicant must have an interest in the property
When it appears in an action by the mortgagee
or funds subject of the action;
for the foreclosure of a mortgage that the
Applicant must show that the property or funds
property is in danger of being wasted or
is in danger of being lost, wasted, or dissipated;
dissipated or materially injured, and that its
Application must be with notice and must be set
value is probably insufficient to discharge the
for hearing;
mortgage debt, or that the parties have so
Before appointing a receiver, the court shall
stipulated in the contract of mortgage;
require applicant to post a bond in favor of the
After judgment, to preserve the property during
adverse party. When the receiver is appointed,
the pendency of an appeal, or to dispose of it
the receiver shall file a bond then take his oath.
according to the judgment, or to aid execution
Before entering upon his duties, the receiver
when the execution has been returned
must be sworn to perform his duties faithfully.
unsatisfied or the judgment obligor refuses to
apply his property in satisfaction of the
REMEDIAL LAW REVIEWER
fixed, the court may, on motion, declare him in Validity of a local Prosecutor or attorney
default and render judgment barring him from any government ordinance of the LGU
176 claim in respect to the subject matter. Constitutionality of a local Sol Gen
p government ordinance
Within the time for filing an answer, each claimant
may file a motion to dismiss. Grounds: Baguio Citizens Action vs. City Council of Baguio
impropriety of the interpleader action, or (1983): Non-joinder of interested persons is not a
other appropriate grounds specified in Rule 16 jurisdictional defect; but persons not joined shall
not be prejudiced in their interests unless otherwise
The period to file the answer shall be tolled. provided by the Rules.
p
If the motion is denied, an answer may be filed Commission of Customs vs. Cloribel (1977): A
within the remaining period, in no case less than 5 third-party complaint is not available in a
days (reckoned from notice of denial) [Rule 62.4]. declaratory relief.
p
The parties may file counterclaims, cross-claims, Visayan Packing vs. Reparations Commission
third-party complaints and responsive pleadings (1987): A compulsory counterclaim may be set up in
thereto. [Rule 62.5] a petition for declaratory relief.
p
Pre-trial Where filed
in the proper RTC [Rule 63.1]
p
not within the original jurisdiction of the
Court shall determine conflicting claimants’
Supreme Court, even if pure questions of law
respective rights and adjudicate their several claims.
are involved. [Remotigue vs. Osmeña (1967)]
[Rule 62.6]
b. Requisites of action for declaratory relief
b. When to file
subject matter of the controversy must be a
Whenever conflicting claims upon the same subject
deed, will, contract or other written
matter are or may be made against a person who
instrument, statute, executive order or
claims no interest in the subject matter or an
regulation, or ordinance [Rule 63.1];
interest which is not disputed by the claimants.
the terms of said documents and the validity
[Rule 62.1]
thereof are doubtful and require judicial
construction [Santos v. Aquino, 94 Phil 65]
Cannot be availed of to resolve the issue of breach
no breach of the documents in question.
of undertakings made by defendants, which should
[Reparations Commission v. Northern Lines
be resolved in an ordinary action for specific
(1970)] Otherwise, an ordinary civil action is the
performance or other relief [Beltran, supra].
remedy.
- Concept of a cause of action in ordinary civil
5. Declaratory Reliefs and Similar actions does not apply.
Remedies - If before the final termination of the case, a
breach or violation of an instrument or a
a. Who may file the action statute, etc. should take place, the action
may be converted into an ordinary action.
a person interested under a deed, will, contract [Rule 63.6]
or other written instrument actual justiciable controversy [Velarde v SJS
a person whose rights are affected by a statute, (2004)]
executive order or regulation, ordinance or any adverse interests between the parties
other governmental regulation [Rule 63.1] - A declaratory relief is not available for a
declaration of citizenship [Villa-Abrille vs.
Parties Republic (1956)] or the validity of a
all persons who have or claim any interest registration certificate [Obiles vs. Republic
which would be affected by the declaration (1953)] as they are unilateral in nature and
[Rule 63.2] without conflicting adverse interests.
If action involves the validity of a issue must be ripe for judicial determination
statute/executive order/regulation/other [Velarde v SJS (2004)]
governmental regulation, the Solicitor General adequate relief is not available through other
shall be notified. [Rule 63.3] means or other forms of action or proceedings.
If action involves the validity of a local [Ollada v. Central Bank (1962)]
government ordinance, the prosecutor/attorney - A court decision cannot be the subject of a
of the LGU involved shall be notified. [Rule declaratory relief since there exists other
63.4] remedies, i.e., appeal or a motion for
clarificatory judgment [Tanda vs. Aldaya
(1956)]
Subject Matter Notice Given To
Validity of a statute, EO or Sol Gen
regulation, or any c. When court may refuse to make judicial
governmental regulation declaration
REMEDIAL LAW REVIEWER
Mandamus can be availed of only by the party who The court, however, may dismiss the petition if it
has direct legal interest in the right sought to be finds the same to be (1) patently without merit, (2)
enforced. HOWEVER, if the question is one of public prosecuted manifestly for delay, or that (3) the
right, it is sufficient to show that the petitioner is a questions raised therein are too unsubstantial to
citizen. [Tanada v. Tuvera (1985)] require consideration. [Rule 65.8]
p
SERVICE AND ENFORCEMENT OF ORDER OR
a. Definitions and distinctions JUDGMENT
A certified copy of the judgment rendered shall be
b. Requisites served upon the court, quasi-judicial agency,
tribunal, corporation, board, officer or person
c. When petition for certiorari, prohibition concerned in such manner as the court may direct,
and mandamus is proper and disobedience thereto shall be punished as
See Annex F. contempt.
refrain from the Quo warranto is the remedy to try disputes with
performance of acts respect to the title to a public office.
180 which it has no
jurisdiction to perform a. Distinguish from Quo Warranto in the
Omnibus Election Code
MANDAMUS DISTINGUISHED FROM INJUNCTION
MANDAMUS INJUNCTION
Special civil action Ordinary civil action
Directed against a Directed against a ROC Rule 66 OEC Sec. 253
tribunal, corporation litigant Filed Solicitor General or Any voter
board or officer by Public Prosecutor in
Purpose is for the Purpose is for the whom behalf of the
tribunal, corporation, defendant either to Republic; Individual
board or officer to refrain from an act or to Where By SolGen: RTC COMELEC, if
perform a ministerial perform not necessarily a filed Manila, CA or SC; against election of
and legal duty legal and ministerial duty Otherwise, RTC with a Member of
Purpose is to perform a Purpose is to prevent an jurisdiction over Congress, Regional,
positive legal duty and act to maintain the territorial area Provincial or City
not to undo what has status quo between the where respondent Officer;
been done parties resides, CA or SC
appropriate RTC or
f. Exceptions to filing of motion for MTC, if against a
reconsideration before filing petition municipal or
barangay officer
General rule: A motion for reconsideration must Period Within 1 year from Within 10 days
first be availed of before certiorari – to enable the for ouster, or from the after proclamation
lower court to correct its mistakes without the filing time the right to of results
intervention of the lower courts. [BA Finance vs. the position arose
Pineda (1982)] Against A person, who Ineligibility or
whom, usurps, intrudes into disloyalty to the
Exceptions: grounds or unlawfully holds Republic
the order is a patent nullity [Vigan Elec. Light or exercises a public
vs. Public Service Commission (1964)] office, position or
the questions raised in the certiorari have been franchise;
duly raised and passed upon by the lower court
[Fortich-Celdran vs. Celdran (1967)] or are the A public officer,
same as those raised and passed upon in the who does or suffers
lower court [Pajo vs. Ago (1960)] an act which, by
there is an urgent necessity for the resolution of provision of law,
the question and delay would prejudice the constitutes a ground
interests of the government [Vivo vs.Cloribel for forfeiture of
(1966)] office
the MR would be useless [People vs. Palacio
(1960)] How commenced
the petitioner was deprived of due process and By a verified petition [Rule 66.1]
there is extreme urgency for relief [Luzon
Surety vs. Marbella (1960)] By whom/against whom
the proceeding was ex parte in which the
petitioner had no opportunity to object b. When the government commences an
[Republic vs. Maglanoc (1963)] action against individuals
the issue raised is purely a question of law or
where the public interest is involved [PALEA vs. By Government, brought in the name of the
PAL (1982)] Republic of the Philippines, against:
- A person who usurps, intrudes into, or
g. Reliefs petitioner is entitled to unlawfully holds or exercises a public office,
position or franchise
h. Actions/Omissions of MTC/RTC in election - A public officer who does not or suffers an act
cases which, by the provision of law, constitutes a
ground for the forfeiture of his office
- An association which acts as a corporation
i. Where to file petition within the Philippines without being legally
incorporated or without lawful authority so to
j. Effects of filing of an unmeritorious act [Rule 66.1]
petition
When Solicitor General or public prosecutor
8. Quo Warranto MUST commence action:
REMEDIAL LAW REVIEWER
- When directed by the President of the The complaint shall join as defendants all
Philippines. persons owning or claiming to own, or occupying
- When upon complaint or otherwise, he has any part thereof or any interest therein,
good reason to believe that any case specified showing as far as practicable the separate 181
in Sec. 1 can be established by proof. [Rule interest of each defendant.
66.2] The following must be clearly stated in the
complaint , if applicable:
When Solicitor General or public prosecutor - If the title to any property sought to be
MAY commence action: expropriated appears to be in the Republic of
- with permission of the court the Philippines, although occupied by private
- at the request and upon the relation of individuals;
another person - If the title is otherwise obscure or doubtful so
- Officer bringing such action may first that the plaintiff cannot with accuracy or
require an indemnity for the expenses and certainty specify who are the real owners.
costs of the action in an amount approved [Rule 67.1]
by and deposited in court. [Rule 66.3]
b. Two stages in every action for
c. When individual may commence an action expropriation
way or location for any national government See table of comparison under the preceding
infrastructure project through expropriation, the subsection, column of RA 8974.
182 appropriate implementing agency shall initiate the
expropriation proceedings before the proper court
under the following guidelines:
Initial deposit with an Immediate payment to At the trial of the issue of just compensation,
authorized government the property owner whether the defendant has previously appeared or
depositary answered, he may present evidence as to the
Amount for deposit Amount to be paid is: amount of the compensation to be paid for his
equivalent to 100% 100% of the value of property, and he may share in the distribution of the
assessed value of the the land as stated in award. [Rule 66.3]
property for purposes of the tax declaration or
taxation. current zonal f. Order of Expropriation
valuation, whichever
is higher, and the It declares that the plaintiff has a lawful right to
value of take the property sought to be expropriated for the
improvements, OR public use or purpose described in the complaint,
in the case of utmost upon payment of just compensation to be
urgency, the determined as of the date of the taking of the
proffered value of the property or the filing of the complaint whichever is
property to be seized earlier.
d. New system of immediate payment of It is issued by the court in which the complaint for
initial just compensation expropriation is filed when:
REMEDIAL LAW REVIEWER
objections or defenses of the defendant have EXCEPTION: when the parties agree otherwise,
been overruled, or the commissioners cannot view and examine the
the defendant raised no such defense or property
objection, or - The commissioners shall assess the 183
No party appears to defend. [Rule 67.4] consequential damages to the property taken
and deduct from such consequential damages
the consequential benefits derived by the
owner from the public use or purpose of the
property taken, the operation of its franchise
by the corporation or person taking the
g. Ascertainment of just compensation property.
- In no case shall the consequential benefits
Just compensation is defined as the full and fair assessed exceed the consequential damages
equivalent of the property taken from its owner by assessed, or the owner be deprived of the
the expropriator. actual value of his property so taken. [Rule
67.6]
Determined as of the date of taking of the property, The commissioners shall make full and accurate
or the filing of the complaint, whichever came first. report to the court of all their proceedings.
[Rule 67.4] - The report shall be filed within 60 days from
The measure is not the taker’s gain, but the owner’s the date the commissioners were notified of
loss. To compensate is to render something which is their appointment.
equal in value to that taken or received. - Upon filing of the report, the clerk of court
shall serve copies thereof on all interested
The word “just” is used to intensify the meaning of parties, with notice that they are allowed ten
the word “compensation”; to convey the idea that (10) days within which to file objections to
the equivalent to be rendered for the property taken the findings of the report, if the parties
shall be real, substantial, full, and ample. desire. [Rule 67.7]
After the 10-day period for objecting to the
In eminent domain or expropriation proceedings, the commissioners’ report, the court, after hearing,
general rule is that the just compensation which the may:
owner of condemned property is entitled to is the - ACCEPT the report and render JUDGMENT in
market value. accordance therewith;
- RECOMMIT the report to the commissioners for
Market value is “that sum of money which a person further report of facts;
desirous but not compelled to buy, and an owner - SET ASIDE the report and APPOINT new
willing but not compelled to sell, would agree on as commissioners;
a price to be given and received therefore.” [BPI v. - ACCEPT the report IN PART and REJECT it IN
CA (2004)] PART;
Upon the rendition of the order of expropriation, the And make such order or render judgment as
court shall appoint not more than 3 competent and shall secure to the plaintiff the property
disinterested persons as commissioners to ascertain essential to the exercise of his right of
and report to the court the just compensation for expropriation and to the defendant just
the property sought to be taken. [Rule 67.5] compensation for the property so taken. [Rule
67.8]
h. Appointment of Commissioners;
Commissioner’s report; Court action upon i. Rights of plaintiff upon judgment and
commissioner’s report payment
Order of appointment to be served on the parties. Right to enter upon the property expropriated
Objections to the appointment of any of the and appropriate it for the public use or purpose
commissioners shall be filed in court within ten (10) as stated. Upon payment by the plaintiff to the
days, and shall be resolved within thirty (30) days defendant of the compensation fixed by the
after all the commissioners have received copies of judgment, with legal interest thereon from the
the objections. taking of the possession of the property, or after
tender to him of the amount so fixed and
Powers and duties of commissioners: payment of the costs, the plaintiff shall have
Parties can present evidence before the the right to enter upon the property
commissioners and the latter have the power to expropriated and to appropriate it for the public
administer oaths or hearings before them; use or purpose defined in the judgment, or to
They can, after due notice to the parties to retain it should he have taken immediate
attend, view and examine the property sought possession thereof under Sec. 2. [Rule 67.10]
to be expropriated and its surroundings and may Right to enter upon the property even pending
measure the same; appeal. The right of the plaintiff to enter upon
the property of the defendant and appropriate
REMEDIAL LAW REVIEWER
EQUITY OF REDEMPTION RIGHT OF REDEMPTION unserviceable for the use for which is it
Sunico, 1913; Rosales v registration of the intended [Art. 495 CC] or
186 Suba, 2003). foreclosure sale. It exists When the condition imposed upon voluntary
No right of redemption is only in the case of the heirs before they can demand partition has not
recognized in a judicial extrajudicial foreclosure yet been fulfilled. [Art. 1084 CC]
foreclosure, except only of the mortgage.
where the mortgagee is b. Matters to allege in the complaint for
the Philippine National partition
Bank or a bank or
banking institution. Contents of complaint for partition
[Huerta Alba Resort, Inc. Nature and extent of the complainant’s title
v. CA (2000)] Adequate description of the real estate of which
the partition is demanded
Confirmation of the sale of mortgaged real property All other persons interested in the property
vests title in the purchaser including the equity of must be impleaded. [Rule 69.1]
redemption, it retroacts to the date of the sale. It
cuts off all the rights or interests of the mortgagor c. Two (2) stages in every action for partition
and of the mortgagee. [Lozame v Amores (1985]].
i. Determination of the propriety of partition
The motion for the confirmation of the sale requires This involves a determination of whether the subject
a hearing to grant an opportunity to the mortgagor property is owned in common and whether all the
to show cause why the sale should not be confirmed co-owners are made parties in the case.
[Tiglao v Botones, 90 Phil 275], as by proof of The order may also require an accounting of rents
irregularities therein or of gross inadequacy of the and profits recovered by the defendant. This order
price. Lack of notice vitiates the confirmation of the of partition is appealable. [Miranda v. Court of
sale. Appeals (1976)]
partition may be presumed. A final order decreeing partition and accounting may
be appealed by any party aggrieved thereby. [Rule
Recitals in deeds, possession and occupation of land, 69.2]
improvements made thereon for a long series of 187
years, and acquiescence for 60 years, furnish e. Partition by commissioners; Appointment
sufficient evidence that there was an actual of commissioners, Commissioner’s report;
partition of land either by deed or by proceedings in Court action upon commissioner’s report
the probate court, which had been lost and were not
recorded. Appointment of commissioners
If the parties are unable to agree upon the partition,
Where a tract of land held in common has been the court shall appoint not more than 3 competent
subdivided into lots, and one of the lots has long and disinterested persons as commissioners to make
been known and called by the name of one of the the partition, commanding them to set off to the
tenants in common, and there is no evidence of any plaintiff and to each party in interest such part and
subsequent claim of a tenancy in common, it may proportion of the property as the court shall direct.
fairly be inferred that there has been a partition and [Rule 69.3]
that such lot was set off to him whose name it bears.
Duties of Commissioners [Rule 69.4]:
view and examine the real estate, after due
Venue notice to the parties to attend at such view and
Actions for partition should be filed in the RTC of the examination
province where the property or part thereof is hear the parties as to their preference in the
situated. portion of the property to be set apart to them
and the comparative value thereof
If several distinct parcels of land are situated in set apart the same to the parties in lots or
different provinces, venue may be laid in the RTC of parcels as will be most advantageous and
any of said provinces. [Pancho v. Villanueva, 99 Phil equitable, having due regard to the
611] improvements, situation and quality of the
different parts thereof.
d. Order of partition and partition by
agreement General rule: If the commissioners should determine
that the real estate cannot be divided without
Order of partition prejudice to the interests of the parties, the court
After trial, if the court finds that the plaintiff has may order that the property be assigned to one of
the right to the property subject of partition, it shall the parties willing to take the same PROVIDED he
issue an order demanding the partition of the real pays to the other parties such amounts as the
estate among all the parties in interest. [Sec. 2] commissioners deem equitable
(Refers to 1st stage of partition)
EXCEPTION: if one of the parties asks that the
Partition by agreement property be sold instead of being so assigned, then
the court shall ORDER the commissioners to sell the
After the issuance of the order of partition, the real estate at public sale under such conditions and
parties will then be asked if they agree to make within such time as the court may determine. [Rule
partition of the property among themselves. 69.5]
p
If they agree, proper instruments of conveyance will Commissioner’s report
be executed to effect the partition.
The commissioners shall make a full and accurate
p report to the court of all their proceedings as to the
After the execution of instruments of conveyance, partition, or the assignment of real estate to one of
the court shall confirm the partition through a final the parties or the sale of the same.
order.
p Upon filing the report, the clerk of court shall serve
The final order of partition and the instruments of copies thereof on all interested parties with notice
conveyance shall be registered with the Registry of that they are allowed 10 days within which to file
Deeds where the property is situated. [Rule 69.2] objections to the findings of the report, if they so
p desire.
If they do not agree, there will be a partition by
commissioners. No proceeding had before or conducted by the
commissioners shall pass the title to the property or
A party shall recover from another his just share of bind the parties until the court accepts the
rents and profits received by such other party from commissioners’ report and rendered judgment
the real estate in question, and the judgment shall thereon. [Rule 69.6]
include an allowance for such rents and profits.
[Rule 69.8] Upon the expiration of the 10-day period, or even
before the expiration of such period but after the
REMEDIAL LAW REVIEWER
interested parties filed their objections to the adversely occupies the property without recognizing
report/statement of agreement, the court, upon the co-ownership [Cordova v. Cordova, 102 Phil
188 hearing, may: 1182] in which case, acquisitive prescription may set
ACCEPT the commissioners’ report and render in.
JUDGMENT based upon it.
RECOMMIT the report to the commissioners for If a co-owner repudiates the co-ownership and
further report of facts if there is cause to do the makes known such repudiation to the other co-
same owners, then partition is no longer a proper remedy
SET ASIDE the report and APPOINT new of the aggrieved co-owner. He should file an accion
commissioners reivindicatoria, which is prescriptible. [Roque v. IAC
ACCEPT the report IN PART and REJECT it IN (1988)]
PART
Make such order and render such judgment as 12. Forcible Entry and Unlawful
shall effectuate a fair and just partition of the
real estate or of its value, if the property is
Detainer (Asked in the 2000 Bar Exam
assigned or sold between the several owners in Relation to a Pending Action for
thereof. [Rule 69.7] Specific Performance)
f. Judgment and its effects a. Definitions and Distinction
CONTENTS OF EFFECTS OF Forcible Entry
JUDGMENT JUDGMENT Resorted to when a person is deprived of
IF ACTUAL Judgment shall Judgment shall possession of any land or building by (1) force,
PARTITION state definitely, vest in each (2) intimidation, (3) strategy, (4) threat, or (5)
IS by metes and party to the stealth. (FISTS)
PROPERLY bounds and action in Must be brought at any time within 1 year after
MADE adequate severalty the such unlawful deprivation in the proper MTC
description, the portion of the against the person unlawfully depriving him of
particular real estate possession or against any person or persons
portion of the assigned to him. claiming under them.
real estate Action must be for the restitution of possession
assigned to each of property together with damages and costs.
party. [Rule 70.1]
IF THE Judgment shall Judgment shall The owners of a property have no authority to
WHOLE state the fact of vest in the party use force and violence to eject alleged usurpers
PROPERTY such payment making the who were in prior physical possession of it.
IS ASSIGNED and of the payment the They must file the appropriate action in court
TO ONE OF assignment of whole of the real and should not take the law into their own
THE the real estate to estate free from hands. [Laurora v. Sterling Technopark (2003)]
PARTIES the party making any interest on
AFTER the payment. the part of the Unlawful Detainer
PAYMENT other parties. Resorted to when a lessor, vendor, vendee, or
IF Judgment shall Judgment shall other person against whom the possession of any
PROPERTY state the name vest the real land or building is unlawfully withheld, after the
IS SOLD AND of the purchaser estate in the expiration or termination of the right to hold
SALE IS or purchasers purchaser(s), possession by virtue of an express or implied
CONFIRMED and a definite making the contract.
BY THE description of payment(s) free May also be brought by the legal representative
COURT the parcels of from the claims or assigns of any such lessor, vendor, vendee, or
real estate sold of any parties to other persons.
Must be brought at any time within 1 year after
A certified copy of the judgment shall in either case the unlawful withholding of possession in the
be recorded in the registry of deeds of the place in proper Municipal Trial Court against the person
which the real estate is situated. [Rule 69.11] unlawfully withholding possession or persons
claiming under them.
g. Partition of personal property Action must be for the restitution of possession
of property together with damages and costs.
The provisions of Rule 69 shall apply to partitions of [Rule 70.1]
estates composed of personal property, or of both
real and personal property, in so far as the same FORCIBLE ENTRY UNLAWFUL DETAINER
may be applicable. [Rule 69.13] Possession becomes Possession was lawful at
unlawful right from the first but later becomes
h. Prescription of action very start (i.e. from the illegal, as when the
time of entry) as he lease contract has
The right of action to demand partition does not acquires possession by expired and the lessee
prescribe [De Castro v. Echarri, 20 Phil 23], EXCEPT FISTS. refuses to vacate the
where one of the interested parties openly and premises despite
REMEDIAL LAW REVIEWER
i. Accion Interdictal When: At any time within 1 year after such unlawful
the summary action for forcible entry deprivation or withholding of possession in the
(detentacion) proper MTC
where the defendant’s possession of property is
illegal ab initio, or Against Whom: The person or persons unlawfully
the summary action for unlawful detainer withholding or depriving of possession, OR any
(desahucio) where the defendant’s possession person or persons claiming under them [Rule 70.1]
was originally lawful but ceased to be so by the
expiration of his right to possess, e. Pleadings allowed
both of which must be brought within one year
from the date of actual entry to the land, in Pleadings must be verified. [Rule 70.4]
case of forcible entry, and from the date of last
demand, in case of unlawful detainer, Allowed pleadings [Rule 70.4]:
in the proper MTC or MeTC Complaint
Compulsory Counterclaim pleaded in the answer
Nature: Cross-claim pleaded in the answer
special civil action involving realty; Answer
subject to the Rules on Summary Procedure;
[Rule 70.3] f. Action on the complaint
under the original exclusive jurisdiction of first
level courts; From the examination of the allegations in the
nature of the action is determined by the complaint and such evidence as may be attached
allegation of the complaint and the character of thereto, the court may:
the relief sought; [Abrin v. Campos (1991)] DISMISS the case outright based on the grounds
one co-owner may institute the action. for dismissal for ordinary civil actions apparent
in the complaint, or
ii. Accion Publiciana ISSUE SUMMONS, if no ground for dismissal is
A plenary action for recovery of the right to possess found. [Rule 70.5]
and which should be brought in the proper regional
trial court when the dispossession has lasted for Cases requiring referral to conciliation, where there
more than one year. is no showing of compliance with such requirement,
shall be dismissed without prejudice, and may be
iii. Accion Reivindicatoria revived only after that requirement have been
Also called accion de reivindicacion, it seeks the complied with. [Rule 70.12]
recovery of ownership and includes the jus utendi
and the jus fruendi, which must be brought in the g. When demand is necessary
proper regional trial court.
REMEDIAL LAW REVIEWER
In cases of unlawful detainer, the action by the Uy v. CA (1989): Refusal to collect or accept rentals
lessor shall be commenced only after: is not a defense. There must be consignation.
190 demand to pay or comply with the conditions of
the lease and to vacate is made upon the lessee, Procedure
or
by serving written notice of such demand upon Filing of complaint.
the person found on the premises, or p
by posting such notice on the premises if no After the court has examined the allegations in the
person be found thereon, and the lessee fails to complaint and supporting evidence attached to the
comply therewith after 15 days in the case of same, the court may:
land or 5 days in the case of buildings. [Rule DISMISS the case outright based on the grounds
70.2] for dismissal for ordinary civil actions apparent
in the complaint, or
EXCEPTIONS (prior demand not required): ISSUE SUMMONS, if no ground for dismissal is
Where purpose of the action is to terminate the found. [Rule 70.5]
lease by reason of the expiry of its term, and is
not for failure to pay rentals or comply with the Cases requiring referral to conciliation, where there
terms of the lease contract. [De Santos v. Vivas, is no showing of compliance with such requirement,
96 Phil 538] shall be dismissed without prejudice, and may be
When the purpose of the suit is not for revived only after that requirement have been
ejectment but for the enforcement of the terms complied with. [Rule 70.12]
of the contract. [Guanson v. Ban, 77 Phil 7]
p
When the defendant is not a tenant but a mere
The defendant shall file his ANSWER and serve a
intruder. [id]
copy of it to the plaintiff within 10 days from service
of summons. [Rule 70.6]
Jakihaca v. Aquino (1990): Demand upon a tenant
may be oral. Failure of the defendant to answer within the period
provided above shall give power to the court, motu
Dakudao v. Consolacion (1983): A person who propio or on motion, to render judgment as may be
occupies the land of another at the latter's tolerance warranted by the facts alleged in the complaint and
or permission, without any contract between them is limited to what is prayed for therein. [Rule 70.7]
necessarily bound by an implied promise that he will
vacate upon demand, failing which, an action for Affirmative and negative defenses and cross-claims
unlawful detainer may be instituted against him. and compulsory counterclaims not pleaded in the
answer are deemed waived.
Muñoz v. CA (1992): This rule as to tolerance does
not hold true in a case where there was forcible EXCEPTION: lack of jurisdiction over the subject
entry at the start, but the lawful possessor did not matter.
attempt to oust the intruder for over 1 year, and
p
only thereafter filed forcible entry suit following
Answers to the counterclaims or cross-claims shall
demand to vacate.
be served and filed within 10 days from service of
the answer in which they are pleaded.
Refugia v. CA (1996): Tolerance must be presented
right from the start of possession sought to be p
recovered to categorize a cause of action as one of Where there is a defense of tenancy, there must be a
unlawful detainer. preliminary hearing on the question of tenancy
relations. [Bayog v. Natino (1996)] If there is a prima
Zobel v. Abreu (1956): When failure to pay rent or facie showing of tenancy, the court should dismiss
comply with the condition of lease is the ground for the case for lack of jurisdiction (jurisdiction belongs
ejectment, plaintiff should give 2 demands (which to the DARAB). [Baranda v. Padios (1987)]
may be embodied in 1 demand letter): p
demand to pay rental or comply with conditions Not later than 30 days after the last answer is filed,
of the lease, and if this is not complied with, a PRELIMINARY CONFERENCE shall be held.
demand to vacate
Rule 18 applicable. Effects of failure to appear:
Yap v. Cruz (1992): Notice and demand to vacate is When the plaintiff does not appear
required on a lease on a month-to-month period to - It shall be a cause for dismissal of his
render effective the termination of the lease upon complaint
the expiration of the month, and prevent an implied - All cross-claims shall be dismissed
renewal of the lease. - The defendant who appears in the
absence of the plaintiff shall be entitled
Penas, Jr. v. CA (1994): An alternative demand to to the judgment on his counterclaim
either renew the expired lease contract at a higher When the defendant does not appear
rental rate or vacate is not a definite demand to - The plaintiff shall be entitled to
vacate and therefore, insufficient basis for the filing judgment (This is true when there is only
of an action for unlawful detainer. one defendant or when all of the
defendants did not appear)
REMEDIAL LAW REVIEWER
Violation of this requirement may subject the party h. Preliminary injunction and preliminary
or the counsel who submits the same to disciplinary mandatory injunction
action and shall be cause to expunge the
inadmissible affidavit or portion thereof from the Preliminary injunction
records. [Rule 70.14] The court may grant preliminary injunction in
p accordance with Rule 58 to prevent the defendant
Judgment from committing further acts of dispossession
GENERAL RULE: The court shall render judgment against the plaintiff.
within 30 days from the date of its receipt of the
affidavits and position papers OR the expiration of A possessor deprived of his possession may move for
the period for filing the same. [Rule 70.11] a preliminary mandatory injunction within 5 days to
restore him in his possession of the property. The
EXCEPTION: Should the court find it necessary to court then shall decide the motion within 30 days
clarify certain material facts, it may during the 30- from the filing thereof. [Rule 70.15]
day period issue an ORDER specifying the matters to
be clarified and require the parties to submit i. Resolving defense of ownership
affidavits or other evidence on the said matters
within 10 days from receipt of said order. Judgment When ownership is raised as a defense, the court
shall be rendered within 15 days after receipt of the may resolved the issue of ownership but only under
last affidavit or the expiration of the period for filing these conditions:
the same. [Ibid.] When the issue of possession cannot be resolved
without resolving the issue of ownership; and
The court shall not resort to the foregoing procedure The issue of ownership shall be resolved only to
just to gain time for the rendition of the judgment. determine the issue of possession [Rule 70.16].
[Id.]
REMEDIAL LAW REVIEWER
When the defendant asserts ownership over the GENERAL RULE: If judgment is rendered against a
property, the inferior court is not divested of its defendant, execution shall issue immediately. [Rule
192 jurisdiction [Rural Bank of Sta. Ignacia, Inc v 70.19 and 70.21]
Dimatulac]
EXCEPTION: Appeal has been duly perfected by the
The judgment rendered in an action for forcible defendant and bond has been posted.
entry or unlawful detainer shall be conclusive with
respect to the possession only, and it shall not in any Procedure for staying the execution of judgment:
way affect the title or ownership of the land or defendant perfects his appeal in due time;
building. Hence, such judgment shall not bar an defendant files a sufficient supersedeas bond
action between the same parties with respect to the approved by the Municipal Trial Court; and
title of the land or building. [Rule 70.18] during the pendency of the appeal, he deposits
with the appellate court the amount of rent due
Matters Not Constituting Prejudicial Question to from time to time under the contract, if any, on
Ejectment [Arcal vs. Court of Appeals (1998)] or before the 10th day of each succeeding
Injunction suits instituted in the RTC by month. [Rule 70.19]
defendants in ejectment actions in the
municipal trial courts or other courts of the first BUT upon motion of the plaintiff within 10 days from
level [Nacorda v. Yatco (1996)] do not abate the the perfection of the appeal to the RTC, the court
latter, and neither do proceedings on may still issue a preliminary mandatory injunction to
consignation of rentals [Lim Si v. Lim (1956)] restore the plaintiff in possession if the court is
An ‘accion publiciana’ does not suspend an satisfied that the defendant’s appeal is frivolous or
ejectment suit against the plaintiff in the dilatory, or that the appeal of the plaintiff is prima
former [Ramirez v. Bleza (1981)]. facie meritorious. [Rule 70.20]
A ‘writ of possession case’ where ownership is
concededly the principal issue before the k. Summary procedure, prohibited pleadings
Regional Trial Court does not preclude nor bar
the execution of the judgment in an unlawful Prohibited pleadings and motions [Rule 70.13]:
detainer suit where the only issue involved is Motion to dismiss
the material possession or possession de facto EXCEPTIONS:
of the premises [Heirs of F. Guballa, Sr. v CA - Motion to dismiss based on lack of jurisdiction
(1988)]. over the subject matter
An action for quieting of title to the property is - Motion to dismiss for failure to comply with
not a bar to an ejectment suit involving the section 12 (referral to Lupon for conciliation)
same property [Quimpo v. de la Victoria Motion for a Bill of Particulars
(1972)]. Motion for New Trial
Suit for specific performance with damages do Motion for reconsideration of a judgment
not affect ejectment actions (e.g., to compel Motion for reopening of trial
renewal of lease contract) [Desamito v. Petition for relief from judgment
Cuyegkeng (1966)]; (Asked in the 2000 Bar Motion for extension of time to file pleadings,
Exam) affidavits or other papers
An action for reformation of instrument (e.g. Memoranda
from deed of absolute sale to one of sale with Petition for Certiorari, Mandamus or Prohibition
pacto de retro ) does not suspend an ejectment against any interlocutory order issued by the
suit between the same parties [Judith v. court
Abragan (1975)]. Motion to declare defendant in default
An action for reconveyance of property or Dilatory motions for postponement
‘accion reivindicatoria’ also has no effect on Reply
ejectment suits regarding the same property Third-party complaints
[Del Rosario v. Jimenez (1963)]. Interventions
Neither do suits for annulment of sale, or title,
or document affecting property operate to 13. Contempt
abate ejectment actions respecting the same
Definition
property [Salinas v. Navarro - annulment of
Contempt of court is a defiance of the authority,
deed of sale with assumption of mortgage
justice or dignity of the court, such conduct as tends
and/or to declare the same an equitable
to bring the authority and administration of the law
mortgage (1983); Ang Ping v. RTC - annulment
into disrespect of, to interfere with, or prejudice
of sale of title (1987); Caparros v. C.A. -
parties litigant or their witnesses during litigation.
annulment of title (1989); Dante v. Sison -
It is defined as a disobedience to the court by
annulment of sale with damages 174 SCRA 517;
setting up an opposition to its authority, justice and
Galgala v. Benguet Consolidated, Inc. -
dignity.
annulment of document (1989)].
It signifies not only a willful disregard or
j. How to stay the immediate execution of disobedience to the court’s order but such conduct
judgment as tends to bring the authority of the court and the
administration of law into disrepute or in some
manner to impede the due administration of justice.