fDEAN ALBANO § YES.

Because the award for the same is proper for the

REMEDIAL LAW court to do, because regardless of the amount of rental,
CIVPRO AND SPECPRO it is the MTC which has jurisdiction for an action for UD.
§ The amount of rental is only INCIDENTAL in an action
SATURDAY LECTURE – September 17 for UD.
o Example: Sum of money case. You are asking for 200k. You are
JURISDICTION also asking for MD (300k), 400k (ED). So, total of 900k. Will you
- Power to hear and decide the case use the totality rule?
- Where does that power to hear and decide the case come from? § Do not use the totality rule
o It is conferred by law § The main action is based on the sum of money which is
§ Constitution 200k.
• Outlines the jurisdiction of the SC § It is the MTC which has jurisdiction
§ Other laws § Exclusive of the amount of damages
- Venue § You only compute damages if it is the principal action.
o May be conferred by the agreement of the parties o Jurisdiction of the court cannot be determined by the defense
- PHILIPPINE INTERNATIONAL TRADING CASE § Ex. Somebody filed a complaint for sum of money in the
o There was a shipping from Singapore by a GOCC. There was a MTC for 200k. Defendant filed a counterclaim for 1M.
contract of carriage between PIT and MBC (carrier). But in the Should the MTC dismiss the case?
contract of carriage, it provided that the case shall be brought to • NO. Because what determines jurisdiction are
the proper courts of SG which shall have EJ. When the goods were the allegations of the complaint, not the
delivered to the consignee, there was damage and losses. There defense of the defendant.
was a complaint for damages filed before the TC of Makati. MBC • Otherwise, it would be very easy for the
filed a MD saying that it should be filed in Singapore. defendant to fie a MD based on LJ.
o RTC: § Ex. Allegations in the complaint. You filed libel.
§ Granted MD because of the contract • PEOPLE VS CITY COURT OF QC
o SC: o The penalty for libel is only 6y (PC).
§ Went to the SC directly on the question of law So, it was filed in the MTC.
§ Issue: W/N it is proper to dismiss the complaint based on o SC:
contract § SC said that it is wrong
§ MD is NOT proper! Jurisdiction cannot be conferred by because it is the RTC
the parties which has jurisdiction
§ Jurisdiction can never be subject to agreement • ESTEBAN VS PEOPLE
§ Under the civil code, one of the things that cannot be o Libel case filed against comelec
subject to compromise is jurisdiction chairman. Salary grade 31. Filed in
o If you were the counsel, how would you argue in favor of the MD? the SB. Allegation said that the libel
§ Argue that there is a contract and under the principle of was in relation to his office. That if
mutuality of the contracts, you have to comply with the without that public office, he would
contract not have been able to do it.
o Venue can be the subject of an agreement, but jurisdiction cannot. o SC:
o Venue is a procedural matter, but jurisdiction is a QL. § It should be filed in the
o Venue is waivable if not invoked in MD, but jurisdiction cannot be RTC
waived. § Wrong that it was filed in
o Silently, the examiner is asking you to make a distinction between the SB
venue and jurisdiction. o Jurisdiction can be raised even for the first time on appeal. Even if
- How is jurisdiction determined? you do not raise it in a MD, it cannot be waived.
o Determined by the allegations in the complaint § E: TIJAM
o Example: If there is no payment of the rentals for the last 10 o RECLETA VS BATAYAN CASE
months, there is now a demand for you to pay and vacate. Unlawful § There was a petition for the probate of the will. There was
detainer. Praying for rental of 10M and to vacate. Can the MTC no allegation of the GV of the estate. The MTC has
award 10M?

Dugs DEAN ALBANO REM 1

 jurisdiction over settlement of estates but you have to o PEOPLE VS CA
allege the GV of the estate § The principle that you can remand is not applicable in
§ SC: criminal cases.
• Heir moved for the dismissal of the case in the § If ever it was filed in the RTC, but because of the
SC saying that there was no allegation of the expansion of the jurisdiction of the MTC, it cannot be
GV of the estate in the complaint hence there remanded to the MTC.
was a jurisdictional defect - DOCTRINE OF JUDICIAL STABILITY
• SC dismissed the case for LJ o No courts of equal grade can interfere or enjoin with one another
• The court can even MP dismiss it if there is LJ. o Principles behind it:
• But Tijam case is not applicable here since it § There should be an end to the suit
is an exception to the rule. They recognized § Administration of justice
estoppel as an exception to the rule, because o Exception:
in Tijam, there was already a final and § « SANTOS CASE
executory judgment. He participated in the • There was a judgment that was rendered by
proceedings for 15 years. He only raised the the NLRC. There was a claim for sum of
issue of jurisdiction after the case was already money arising from ER-EE relationship. The
final and executory. judgment became F&E. Writ of execution.
• Tijam doctrine is not applicable here because Sheriff levied upon the property in possession
it is still a pending case. of the respondent. However, the property
- ADHERENCE TO JURISDICTION actually belonged to another person.
o Once jurisdiction is conferred, it cannot be lost. • If you were that person who owns it, what
§ E: if there is a law that repeals or amends the law would be your remedy?
RD
o Ex. Rule 47 of the ROC. Under the old law, it is the RTC which has o File a TERCERCIA or 3 PARTY
jurisdiction to annul its judgment. Under the new law, if there is an CLAIM
action for annulment of the decision of the RTC, it is the CA which o The sheriff cannot possess the
has jurisdiction. The provision was given retroactive effect. If ever property unless a bond is posted
there are pending cases in the RTC, the RTC has to forward the • But the sheriff of the NLRC disobeyed and
case to the CA. The RTC was divested of its jurisdiction because scheduled it for sale.
of the law. • The owner of the property went to the RTC of
o Ex. Expansion of the jurisdiction of the MTC. For as long as the Manila and filed an action for replevin + PI and
case has not yet reached the pre-trial stage in the RTC, then that TRO. The judge of the RTC issued the TRO.
case that was filed in the RTC should be remanded to the MTC The sheriff was then ordered imprisoned. The
because the RTC was divested of its jurisdiction. sheriff contended that the RTC cannot issue a
o Ex. If the law was declared as unconsti or repealed, can it still TRO because of equality between TRO and
exercise jurisdiction? NLRC.
§ Criminal case was filed against Mr. A. The law under • SC:
which he was charged was declared unconsti. Will the o This is an exception to the rule
rd
court continue having jurisdiction? o If there is a 3 party claim, even if
• NO. Because if the law has been repealed or the courts are of equal jurisdiction,
declared unconsti, there is no more law, no the court can interfere.
more crime, no more criminal. Nullum poena o Reason: judgment is only binding
rd
sine lege. between parties. Property of the 3
- Expansion of the jurisdiction of the MTC person cannot be made to answer
o Provided that the case has not yet reached the PT stage, the RTC for the obligation of another.
should remand it to the MTC – but only in CIVIL CASES Principle of due process applies.
o When does the case reach the PT stage? - Complaint for sum of money
§ The moment the reply is filed. o Use the totality rule
§ Suppose o Ex. I will pay you the amount of 100k per month. There is an
acceleration clause. Will you use the totality rule?
§ Yes. You have to put it in one complaint.

Dugs DEAN ALBANO REM 2

 § If you do not, it will be splitting of COA.
§ If there is splitting of COA, the effect is that it can be
dismissed either on the ground of LP or RJ.
o What about if there are damages?
§ If the damages are incidental, do not include it in the
computation.
- Unlawful detainer cases
o There is a complaint for UD. With prayer for damages and unpaid
rentals. If you were the judge, would you award all the prayers?
§ ü award 10M unpaid rental because it is only incidental
to the action of UD
§ X award damages and unpaid water and electricity bills
because they are not incidental to the main action. They
should be awarded in the appropriate action.
- Title to or possession of property
o Allegation of the AV of the property
o If you do not put the AV
o BSP CASE
§ Complaint for recovery of possession and ownership of
property. There was no allegation of the AV in the
complaint. But there was a tax declaration attached to
the complaint wherein the AV was there. Should the case
be dismissed based on LJ?
§ SC:
• NO!
• MD denied
• As a rule, for purposes of determining the
action for recovery of property, the AV should
be alleged in the complaint
• However, if there is an annex in the said
complaint which indicates the AV of the
property, then the jurisdiction over the SM can
be determined.
• There is substantial compliance with the
requirements of the law
o CASE
§ The AV of the property was in the deed of sale attached
to the complaint.
§ ü substantial compliance
o Partition case
§ AV of the property should be alleged
o Sale of property with right to repurchase
§ « BAUTISTA CASE
• What if the vendee a retro refused to resell the
property within the period wherein you can
exercise your right to repurchase? Complaint
to enforce the right to repurchase the property.
What court has jurisdiction?
• SC:
o The AV is not material
Dugs DEAN ALBANO REM
o It action to enforce the right to
repurchase the property is IPE
o Hence, it is the RTC which has
jurisdiction
- Jurisdiction in criminal cases
o Illegal recruitment
§ Ex. IR from Davao. The Illegal recruitment was
committed in Manila. In what court will you file the case?
• Choice between Davao and Manila because of
RA 8040 (migrant worker’s act)
• Purpose: To protect the interest of the victims
of IR.
BARANGAY CONCILIATION
- This is a condition precedent
- Because if you do not comply with it when required, it may be subject to a MD
– failure to comply with a condition precedent
- Example:
o UD
o Sum of money
- But you have to be residents of the same city or municipality or same
barangay or adjacent barangays
- If you do not file a MD, then it is thereby waived
- CASE
o Although it is mandatory, it is not jurisdictional
o Because if you do not raise it, then it is considered as waived
- Ex. A filed a complaint against B for sum of money for 10M. They are
residents of the same barangay. There was a compromise agreement.
Judgment based on compromise. It can be executed. You can go to the MTC
to have it executed. The amount is immaterial because the subject matter is
already the judgment based on compromise.
- Ex. The parties entered into a compromise in the barangay. There was no
compliance. Hence, you should enforce it in the form of a complaint. The
amount is immaterial. It is the MTC which has jurisdiction because under the
LGC, if there is a judgment based on compromise, it can be executed in the
barangay or the MTC.
- Ex. A filed a complaint against B for recovery of possession and ownership
of property in the city of manila with AV for 1M. There was a compromise
agreement in the barangay. There was a violation of the compromise. Hence,
A filed a case with the MTC for enforcement of the judgment based on
compromise. It is the MTC which has jurisdiction regardless of amount.
Jurisdiction is conferred by law
- CHAVEZ CASE
o There was rental for 1M/annum. Under the provisions of that
contract of lease, if ever there is a typhoon or the facilities of the
building are destroyed, the lessee should bear the repairs. The
lessee did not. The lessor refused to refund. Labo ng facts.
Compromise agreement. But there was no compliance. The lessee
went to the RTC and filed a complaint for sum of money for 700k.
3
 MD was filed by the lessor saying that it should be the MTC which - LIMERY CASE
has jurisdiction since it is an execution of the compromise o The most important of 3 elements of COA is violation of the right
agreement. - BAUSTISTA CASE
o SC: o There was a conjugal property. The husband sold it without the
§ The lessor violated the terms of the compromise consent of the wife. After selling the property to brothers, the
agreement. husband died. After the death of her husband, the wife found out
§ Remedies: that the property was sold without her consent. The widow filed a
• Ask for execution of the compromise or complaint to recover the property from the brothers-in-law.
• Abandon the compromise and proceed with o SC:
the original complaint § It is the husband who violated the right. He is dead
§ The act of the lessee filing the complaint for sum of already.
money is an act of abandoning the compromise § She has no COA against her brothers-in-law.
agreement and proceeding with the original case § Hence, the bros-in-law are not liable to her.
§ Hence, the filing of the case was properly filed in the RTC § It is the husband who is liable to her
§ No need for rescission of the compromise agreement. By o Q: If you are the counsel of the wife, what will you advice her
the mere act of filing the case for sum of money, there to do?
was already abandonment of the compromise § I would advice my client to file a testate/intestate
agreement. proceeding
- No need for barangay conciliation in the following: § File it against the estate of the husband
o File case with provisional remedy § It is a contingent claim against the estate of the husband
o Involving public officers - SPLITTING OF COA
o Etc. o If there are many COA arising out of the same series of
transactions and there is common question of facts and law. There
How are rules construed? is common question of facts because the evidence for 1 action will
- It depends upon the rules you are construing be the same for the other actions.
- ROC – liberal o Ex. Loan in the amount of 10M. Payable for 10 months. There is an
- Summary procedure – restrictive acceleration clause. You failed to pay 1. Can you file a complaint
o If you liberally construe cases for summary procedure, it causes against me?
delay § For every month, there is a separate COA. So 10 COA.
- Aims: § But since there is an acceleration clause, it should be in
o Speedy disposition of case 1 complaint only,
o Ex. Suppose the creditor sued you for 5M. But the PN is for 10M. If
you were the counsel, what would be your advice to your client?
RULE 2 § Have yourself be declared in default
§ Default is not an admission of liability. It is a procedural
COA device.
- What is a COA? § Since you are on default, the court will award 5M
o It is a wrong that causes damage to another damages. The creditor cannot prove more than what was
o Because if there is no damage, it is damnum absque injuria since alleged in the complaint.
there is no violation of a legal right § The court can no longer award the remaining 5M
- COA because the judgment has become F&E. The creditor
o 3 words to remember: cannot file another 5M case because it will amount to
§ Right splitting of COA. It will be dismissed based on RJ or LP.
§ Duty o CASE
§ Violation § Case for annulment based on PI. Case was dismissed.
- Ex. I borrowed money from you. I’ll pay you on December 4. Can you demand Another case was filed on the ground of lack of marriage
for payment today and if you do not pay today, I will file an action tomorrow. license. Husband file a MD based on RJ.
Is there a COA? § SC:
o NO. • ü RJ

Dugs DEAN ALBANO REM 4

 • The ground for declaration of nullity based on
lack of marriage was already existing when
she first filed the case based on PI.
• ü splitting of COA = ü RJ
o Why is splitting of COA prohibited?
§ Because if it is allowed, the court is in effect allowing the
delay in administration of justice
§ There will be over flooding of the already over flooded
courts
o As compared to CRIMINAL PROCEDURE
§ Issued 5 checks. BP22 case. Each check = separate
case.
§ Remedy for duplicitous information?
• File a motion to quash
• But if there is no motion to quash, it is waived
and you can be convicted of as many crimes
as alleged
- COMPLEXING OF COA/ JOINDER OF COA
o Ex. I borrowed money from you in the amount of 1M. But you are
to recover property from me not exceeding 50k.
o SC:
§ Even if one is in the jurisdiction of the RTC and the other
is in the MTC, you can complex them
§ File it in the RTC
§ This is to prevent duplicity of actions between the same
parties
o Ex. I owe you 400k. We are residents of the city of Manila. But you
are to recovery from me property for 100k. Can you complex them
in the RTC
§ YES.
o GR: But there is one condition, that if one of the action is governed
by special procedure,
§ Ex. I owe you 1M. I am in possession of your property as
a lessee. Case for UD. Can you complex them?
• NO. Because UD is a special procedure.
o E: « NAGA VS BAYLON
§ ABC are owners of RP. A filed a complaint against B and
C for partition. Summons was served. Answer was filed.
There is nothing to partition because the property was
donated the property. A supplemental pleading by Mr. A
was filed for rescission of the deed of donation because
of the fact that since he is not a party, he can only file an
action for rescission. Mr. B and C reacted saying that it
cannot be complexed in one and the same proceeding.
Partition is governed by special rules. Recision is
governed by regular rules.
§ SC:
• This is an EXCEPTION TO THE RULE
• Because one is an incident or necessary
consequent of another
Dugs DEAN ALBANO REM
• If the rescission will be granted, then there is
something to divide.
• You might as well resolve them in the same
proceeding because it will prevent multiplicity
of action
PARTIES
- Natural. Juridical, partnership, corporation
- A partnership and corporation has its own separate personality. But a sole
proprietorship, does not have its own personality. So, if ever you sue, you sue
the sole proprietor and not the sole proprietorship.
- INDISPENSABLE PARTY
o Indispensable party is one who must be impleaded in the action
because without whom, there can be no final determination of the
rights of the parties
o If he is not impleaded, the judgment is void as to all parties
o SALVADOR VS RTC
§ ABC are co-owners of a RP. A filed a complaint against
B for partition. Is C an indispensable party?
§ SC:
• YES.
• Because everybody is an IP in an action for
partition
• Without C, there can be no final determination
of the action
• The judgment will be void against ABC and if
C is not impleaded
o POSTON CASE
§ A and B married. They entered into a contract bounding
themselves solidarily to pay X. But in the meantime, A
died. Are solidary co-debtors IP?
• NO.
• Because any one of them can be made to
answer the liability without prejudice to the
right of reimbursement
• The estate of A who died is not even an IP.
o Is misjoinder or non-joinder of IP a ground for dismissal?
§ NO.
§ Ex. A and B are solidary debtors. Creditor filed a case
against A only. A filed a MD on the ground of failure to
implead an IP. If you were the judge, how would you rule
on the MD?
• Deny the MD.
• Misjoinder or non-joinder of a party is not a
ground for dismissal, because the court can
even order the adding or dropping of parties.
• HOWEVER, if the plaintiff fails to comply with
the order of the court adding the IP, it can be
then be dismissed on the ground of failure to
comply with the order of the court (Rule 17).
5
 - REAL PARTY IN INTEREST
o BARCELONA CASE
§ ABC are co-owners. They leased a property to Juan DC.
Juan did not pay. UD case against Juan DC. Can A sue
Juan DC alone for UD?
• YES.
• Co-owners in an action for UD are not IP. They
are only RPI.
o Ex. ABC corporation. You are one of the SH of the corporation.
Properties of the corporation were attached. There was an
improvident attachment of the properties since the attachment was
not proper. There was a complaint for damages against who
attached the properties by a SH of the corporation. Is the SH of the
corporation a RPI?
§ NO.
§ X RPI
§ It is the corporation that is considered the RPI because
the claim of the SH over the property of the corporation
is a mere inchoate right
- NECESSARY PARTY
o GR: Ex. Transferee of a property pendente lite is a NP.
§ A filed a cause against B for recovery of possession and
ownership of the property. But pending the case, B
transferred the property to C.
• C is not a RPI.
• He is a mere NP.
• Is there a need to amend the pleading to
implead the NP?
o NO.
o Because the RPI is still B.
o His right is dependent on the rights
of B (transferor)
o If B loses, C is considered a buyer
in BF
o If B wins, C will win also.
o What is the effect of failure to implead a NP?
§ X ground for MD
§ The only consequence is that you will lose your right
against the NP but it will not cause the dismissal of your
action
o E: MONTECILLO CASE
§ Law firm was representing the wife in a case for
settlement of an estate. During the pendency of the
action, the wife sold her right over the estate of her
husband (decedent). Mr. X bought the share of the wife
pendente lite. X assigned it to the law office. Thereafter,
there was an award of allowances in favor of the wife.
So, it was the assignee law firm which got the
allowances. The wife questioned it saying that it should
be refunded to her. The law firm refused saying that she
Dugs DEAN ALBANO REM
already sold her right and it was assigned to the law firm.
The RTC ordered the law firm to refund it to the wife
despite the sale. An action for certiorari was filed.
§ Issue: is the law firm a RPI?
§ SC:
• The law firm is a RPI because it was the one
required by the courts to refund to the wife the
amount of allowances.
• This is the exception to the rule that a
transferee pendente lite is not a RPI.
- DEATH OF PARTY
o A filed a complaint against B for sum of money. During the
pendency of the action, B died.
o ACTIONS THAT DO NOT SURVIVE
§ What is your duty as the counsel?
• To inform the court of the death of your client
• Provide the court with the names of the heirs
of the deceased
• Then file a motion for substitution of parties to
comply with due process
§ Thereafter, trial will be conducted.
§ The judgment will become F&E. But it cannot be
executed against the executor. It should be filed against
the estate.
o ACTIONS THAT SURIVE
§ JB CASE - SULPICIO LINES CASE
• One of the passengers survived. There was
damage that was done. Filed a case against
sulpcio lines for damages. In the meantime,
the fellow died. Can the action proceed?
o This is an action that survives hence
you cannot file an action against the
estate
§ Actions that survive
• Action for damages because of negligence
• Action to recovery RP
• Action to recover any property
= X claim against the estate
§ Actions that do not survive
• Actions for money not yet filed in court
• Expenses for last illness
• Funeral expenses
= have to be filed in the testate/intestate
proceedings
- CLASS SUIT
o OPOSA CASE
§ Group of students filed a suit to stop the illegal logging of
trees
§ SC:
6
 • Intergenerational responsibility to conserve § It is a real action – because it involves rights over said
and protect the forest in order to protect the property
ecology § File it in the case where the property is located
• E: If there is an agreement to the contrary
VENUE o What if there is a deficiency? Where do you file the complaint for
- Personal action sum of money?
o Plaintiff has the option on whether it is in his residence or residence § Personal action
of the defendant § Filed in the residence of the plaintiff or defendant at the
o Venue is intended for the convenience of the plaintiff option of the plaintiff – manila or Makati
- Real action - DAVAO LINE CASE
o Where the property is located o Davao Line business is in Davao. You are a supplier of equipment
o UD located in Davao. Davao Line did not pay obligation despite. Sum
o Foreclosure of property of money filed in Davao. MD based on improper venue. It turned
o Accion interdical out that the principal office of Davao is in Cebu as stated in the AOI.
o Actcon reinvidecatoria o SC:
o Action for ejectment § Venue is in the city of Cebu because it the prinicipal
- Corporation office the corporation is located in Cebu
o Look into the AOI § Unless, there is an agreement that it can be filed in
o The AOI provides for the residence of the corporation/principal Davao
office of the corporation - SPOUSES GREGOR CASE
- Ex. A borrowed money from B. Both of them are residents of Manila. What is o There was a sale of MV. The contract of sale was executed in the
the proper venue? city of Pasig. The sale was an installment sale. In the contract of
o In case of silence of the contract, venue is in manila sale is provision which states that the suit can only be filed in Pasig.
o What if the defendant is a resident of QC? In order to secure the payment of the balance, there was a contract
§ Yes. Plaintiff can file the case in QC if it is more of mortgage. There was provision in the mortgage contract
convenient for the plaintiff whereby it was stated that actions shall be brought in any place
§ Unless there is an agreement between the parties where the seller has a branch office. The buyer filed the suit in the
- MASTER CONGLOMERATION CASE branch office in accordance with the mortgage contract. MD on the
o Agreement is that if there is any action to be brought, it shall be ground of improper venue.
brought to the city of tacloban. o SC:
o Shall means that is in mandatory § Deny MD
o But in an agreement as to venue, the word shall is not mandatory. § There was a conflict between the principal and
It is not exclusive accessory contract
o The word shall should be accompanied by a word that shows that § If there are several provisions of a contract and there are
it is exclusive such as: conflicting provisions, they shall be construed as a whole
§ Shall ONLY be brought § Under the doctrine of complementary contracts be
§ Shall be brought to city of manila to the EXCLUSION of construed together, venue is proper in the City of Manila
all other courts because you have a branch office there.
- Can there be MP dismissal based on wrong venue? § The principal contract and the accessory contract should
o NO. There cannot be MP dismissal be construed together. The latter shall prevail as against
o Venue should be objected to the former.
o There must be a motion to dismiss based on improper venue - ARANETA CASE
o If it is not raised, it shall be considered as waived o Araneta is resident of forbes park in Makati. There was personal
- BPI SAVING BANK VS YUJUICO action filed against an heir of Roberto in the court of Batac. Robert
o Principal office of BPI is in Makati. A borrowed money from BPI. A is also a resident of Makati. MD on the ground of improper venue
executed a REM over a property located in Manila. There was saying that Araneta is not a resident of Batac.
failure to pay. Demand. No Payment. Foreclosure of the REM. If o Plaintiff Araneta thus amended the pleading because the
you were the counsel for the creditor, where will you file the petition amendment was still a MR. A motion to dismiss is not a responsive
for foreclosure of REM? pleading. Hence, amendment is still a MR. She impleaded 3 people
who are relatives of Araneta who are living in Batac.

Dugs DEAN ALBANO REM 7

 o SC: • MTC is wrong!
§ ü dismiss based on improper venue • The only issue in UD is possession.
§ If there are several parties, determine who is the principal • Hence, the case is not suspended because of
plaintiff – who has controlling interest the case involving the issue of ownership in
§ Venue is in the city of Makati the RTC.
§ The 3 people who were impleaded only have minimal • They can be decided independently of one
interest another
§ This is an IO. What is your remedy against an IO?
ROC VS SUMMARY PROCEDURE VS SMALL CLAIMS Can it be the subject of an appeal?
- ROC • NO!
o Complaint • X 65 also.
o Answer • X MR
o Reply
• File a notice of appeal.
- Summary Procedure
• Appeal is proper but they shall treat it as
o Complaint
special civil action for certiorari (65)
o Answer
- Small Claims • Only the SC can do this. It can promulgate the
o Complaint rules and “un-promulgate” the rules. Hahaha!
o Reply • ««« DOCTRINE OF PROCEDURAL
- BELUZ VS CA VOID!!!
o In ordinary ROC, when there is an actionable document, you have o If the law does not provide for a
to file a reply under oath specifically denying it. remedy of appeal, convince the
o But you cannot file a reply in the rules of summary procedure, court that you are entitled to Rule
hence it is deemed to be controverted. 65. Show that there is GAD.
- SUMMARY PROCEDURE o In order to correct that error or GAD
o Prohibited motions in summary procedure amounting to L/EJ, appeal can be
§ X MR the proper remedy but it shall be
§ X extension of time to file an answer treated as 65.
§ X M. default o « ABTAL VS SANTOS CASE
o The only rules that you can file prior to answer: § Case for UD. Defective substituted service of summons
§ MD based on LJ over the SM because it was not in accordance with the rules. There
§ MD based on failure to comply with barangay conciliation should be strict compliance with substituted service of
o X file motion to declare defendant in default summons. Defendant did not file an answer. Judgment
§ 2 options: was rendered MP by the court. Lawyer also did not
• Render judgment MP on the basis of the appeal. Judgment became F&E. After the judgment
allegations in the complaint or became F&E, he filed petition for relief from judgment
invoking violation of due process.
• Motion to render judgment on the basis of the
§ SC:
allegations in the complaint
o X file 65 for IO • The RTC has jurisdiction that can act for
o X file MR against judgment petition for relief from judgment
o « AZUCENA CASE • The PRJ is proper because we are treating it
§ There was a case for UD in the MTC. The case for UD as a SCA for certiorari (65)
was filed by Azucena against the lessee for failure to pay
the rentals despite demand. Defendant filed a case for KINDS OF PLEADINGS
declaration of nullity of title of Azucena Co in the RTC. - COMPLAINT
The plaintiff in the RTC moved to suspend the civil action o Pleading where you allege your COA and ask for reliefs whether it
for ejectment in the MTC because of a pending case be cumulative or alternative
involving the title in the RTC. The MTC suspended the - ANSWER
action. o Is a pleading which contains your defenses, whether negative or
§ SC: affirmative

Dugs DEAN ALBANO REM 8

 - REPLY o If you do not comply with the order to verify à ü dismiss based on
o Pleading where you controvert new matters alleged in the answer failure to comply with order of the court
o If ever there is an actionable document which is the basis of o *Legal forms: Prepare a CNFS
evidence in the answer, it should be denied under oath otherwise - IGLESIA NI KRISTO VS CA
it shall be considered as admitted o There was a mother of this 2 kids. Filed a complaint to recover
§ E: In the rule of summary procedure, because reply is property from Iglesia ni Kristo. The mother was the only one who
prohibited filed the CNFS. MD was filed for failure of the others plaintiffs to
- COUNTERCLAIM sign the CNFS.
o Claim of a defendant against a plaintiff o SC:
o Plaintiff is the defendant in the counterclaim § ü substantial compliance
- PERMISSIVE VS COMPULSARY CC - May the lawyer sign the certificate of CNFS?
o If you do not invoke the PMC à it is not waived o GR: NO, because the lawyer has no PK of facts and circumstances
o If you do not invoke CC à ü waived of the case. It should be the party who should sign it.
o Example of PMC § E:
§ It can be prosecuted independently from the main action • SPA and he has personal knowledge of facts
§ UST HOSPITAL CASE and circumstances
• There was a man and woman. Married. - HOW DO YOU PLEAD?
Woman gave birth. Child was born immature. o Fraud
So the child was left in the hospital to be § specifically
incubated. The spouses filed a case for o Judgment
negligence against the hospital because the § Copy the judgment
child fell. o Law
• So, the hospital filed a counterclaim saying § Copy the law
that the spouses have not yet paid hospital § Indent it so that it can be easily seen
bills. o Actionable document
• This is a PERMISSIVE CC because it is § Ex. There is a PN. This is the basis of that action for sum
independent of the main action. It can be of money.
prosecuted in a separate action. § Quote it verbatim or
o Example of CC § Attach it
§ Moral and exemplary damages § How do you deny the due execution and
§ If not invoked, considered as waived genuineness of actionable document?
rd
- 3 PARTY COMPLAINT • Specific denial under oath
o A vs B but B has a claim against C. • If not denied under oath or merely a general
o Since C is not yet impleaded as a party. denial, the genuineness and due execution
- CROSS CLAIM are deemed admitted
o A vs B & C but B has a claim against C. • Hence, if deemed admitted, you cannot allege
o Since C is already impleaded as a party. falsification or forgery
o « KABIT SYSTEM CASE o MAUNLAS SAVING AND LOANS BANK CASE
§ You are a franchise owner of taxis. You have 100 units. § The defendant contended that he is not liable despite
You are letting other persons use your taxi franchise. admitting the genuineness and execution of the
There was a car accident. document. He contended that it is true that he signed the
§ Under the registered owner rule, it is the registered document and that the amount is 1M but what was given
owner who is responsible. to me as evidence is this check. I have not encashed the
rd
§ File a 3 party complaint against the operator/registered check. This is still the check. Hence, the contract of loan
owner has not yet been perfected since the amount of money
§ Nature of liability under the Kabit System: Solidary has not yet been delivered.
liability § SC:
- If there is no verification à it is only a formal defect à it may be cured • Correct!
o X ground for dismissal of action • Because he is only admitting the genuineness
o You will only be required to verify it and execution of the document

Dugs DEAN ALBANO REM 9

 • He is not admitting that he is liable
• Since he is still in possession of the check, the
contract is not yet perfected
- KINDS OF DENIAL
o Disavowal of knowledge
§ That the defendant has no knowledge as to the truth of
matters alleged in the following projects
o Specific denial
§ Resort to disavowal of knowledge must be in GF
o Negative Pregnant
§ If you are a party to the contract and you are saying that
you have no knowledge of the contract, then you are in
BF.
§ Denial pregnant with admissions
§ Admission in denial
o REPUBLIC VS SB
§ President Cory issued EO 1 creating the PCGG. The
purpose is to look for ill gotten wealth and to sequester
the ill gotten wealth of the Marcos family together with
their cronies.
§ Senator Salonga, defendant of the PCGG, went to
Switzerland and found that there were several
foundations and corporation created by cronies of
Marcos. Amount of 658 million dollars was deposited.
§ There was a certification from government that his
legitimate income was only 203k dollars. Hence, if you
have income above this, there is a presumption that such
income is ill-gotten.
§ There was a complaint for accounting and
reimbursement.
§ Defense of Marcos: That they do not have knowledge
as to the truth of the matters in the allegation.
§ PCGG: Filed a motion for summary judgment
§ SB: denied the motion for SJ
§ SC:
• The motion for SJ should have been granted
• The disavowal of knowledge was in BF
because the Marcoses were signatories of the
- AOI of the corporation
• Hence, it shall be considered a negative
pregnant – it is pregnant with admissions that
they created the corporation and deposited the
said money
Dugs
RULE 9
- EFFECT OF FAILURE TO PLEAD - DEFAULT
o Default
o A filed a complaint against B. No answer was filed. He was
declared in default.
o Is it possible for the court to declare a defendant in default MP?
§ NO.
§ There must be a motion filed by the plaintiff to declare
the defendant in default
o The defendant must be notified when there is a motion to declare
him in default to comply with due process
- CARLOS CASE
o What if there is a defective substituted service of summons?
o Defective substituted service of summons. There was a judgment
of default. Opposed it saying that he never received the copy of
summons. The signature on the proof of summons is only of his
daughter of 6 years old. The person who should receive the
substituted service of summons should be a resident and of
sufficient age and discretion.
§ ü proper objection
§ X proper judgment of default
- In the old ROC, there could be ex parte declaration of default. Now, it is not
allowed.
- WHAT IS THE REMEDY OF THE PERSON DECLARED IN DEFAULT?
o It depends upon the stage of the proceedings
o Prior to judgment
§ à file motion to lift order of default + affidavit of merits
containing good and valid defenses
o After judgment
§ MNT
• NDE
• FAME
§ Appeal
§ PRJ
§ Petition for annulment
§ Rule 65 if there is GAD amounting to L/EJ and there is
no other plain and speedy remedy available
- EFFECT OF DEFAULT
o You lose your right to present your evidence
o But you are still entitled to copies of the orders and resolutions of
the court
o You are even entitled to the copy of the judgment because you can
avail of the remedies abovementioned
o Default is frowned upon by the court
- CATHAY PACIFIC CASE - JUSTICE B.
o There was an action filed against Cathay Pacific Airways. But it did
not file an answer immediately. There was a motion to declare the
defendant in default. There was then a motion to lift the order of
default. There was no order yet. The judge denied the motion to lift
the order of default and answer.
DEAN ALBANO REM 10
 o SC:
§ Omnibus motion to lift order of default and admit the
proposed answer
§ Before you file an answer, you must first first file a motion
to lift the order of default. Without doing this, you have
no personality to file the answer.
- HEIRS OF MANGCAD CASE
o A B and C obligated themselves to pay the debt to X. Failed to pay.
There is a common cause of action against them. There was a
motion to declare defendant in default. A was in default. If you were
the judge, would you allow the default against all of them?
o SC:
§ After the granting of the motion to declare defendant in
default against A, proceed with the trial for the non-
defaulting defendant until judgment
§ If the judgment is in favor of the non-defaulting
defendant, it shall inure to the benefit of the defaulting
defendant
- CASTRO CASE
o Judgment was in favor of non-defaulting defendant. The defaulting
defendant moved for the execution of the judgment. Will you grant
the execution?
§ YES. The judge should grant it because it inures to the
benefit of the defaulting defendant.
- Sometimes, it is better to be declared in default because the plaintiff cannot
present evidence more than what is alleged.
- No default in:
o Legal separation
o Annulment
o Summary procedure
RULE 10
- AMENDMENT AND SUPPLEMENTAL PLEADINGS
- AMENDED PLEADINGS
o In order to allege accounts and COA which have already matured
at the time of the filing of the originals
o Ex. I borrowed money from you in the amount of 10k. There is no
acceleration clause. I would violate your right on the month to
month basis. Up to today, I have not paid you. Hence, you sued me
for the amount up to October.
§ This is not correct.
§ Because the amount for October has not yet accrued.
§ Suppose the answer has now been filed and there is
already a PT. You only asked for 5k since the rest of the
obligations have not yet accrued. What if it had already
accrued. What will you do?
• Move for suspension of the PT for amendment
of the pleading to allege that the obligation is
now due and demandable.
Dugs
- What if there was an acceleration clause but you only alleged 5k instead
of 10k, what will you do?
o File a motion to amend the pleading since the whole obligation is
already due and demandable
- SUPPLEMENTAL PLEADING
o If the obligation is not yet due and demandable
- AMENDED PLEADING
o If the obligation was already due and demandable
- When is amendment MR/MD?
o Matter of right
§ Before service of the responsive pleading (answer)
§ File an omnibus motion for leave to file an amended
pleading and attach the amended pleading already
o Matter of discretion
§ After service of responsive pleading (answer)
- Can you amend the pleading to change your COA?
o Yes, it is possible.
o « WGMA VS PTA
§ WGMA has been occupying of the north harbor. There
was contract of lease of the north harbor. There is a
provision in the contract that during the period of the
contract that PTA will lease it to WGMA provided that
WGMA will make improvements on the property. But
later on during the existence of the contract, PTA took
back its agreement with WGMA. So WGMA filed a
petition for declaratory relief. After the answer was filed
by PTA, WGMA filed a motion for leave to amend the
pleading to change the COA to specific performance.
RTC denied it.
§ SC:
• ü amend it to change the COA
• Generally, the courts should act liberally in
allowing the amendment of the pleadings
• It is allowable to prevent multiplicity of actions
• It is not dilatory in nature
- Can you prove a matter that has not been alleged in the pleadings?
o Yes. AMENDMENT TO CONFORM TO EVIDENCE
o Ex. PN is for 10M. Contract of loan was presented in court. No
objection as to the contract of loan presented in court. Is there a
need to amend the pleadings?
o 2 scenarios:
§ If there is a matter that is being proven or tried and there
is no objection to the presentation of evidence on a
matter that has not been alleged in the pleading à
pleading is deemed to have been amended hence no
need to amend the pleadings
§ If there is an objection à there can still be amendment
to the pleading but you need to amend the pleading to
conform to the evidence
DEAN ALBANO REM 11
 - Amended pleading - PROOF OF SERVICE
o A filed a complaint against B for sum of money. Affirmative defense o Service may be done by:
that there was a contract but there was already payment. But later § Registered mail
on, he filed an amended pleading. He says that there is no contract • There is notice of mail matter from the post
at all and that there is no loan. So, what happened to the original master within 5d from the receipt of the notice
pleading? • If you do not claim it within 5d, it is presumed
§ The original pleading is superseded that you are already notified
§ The judicial admission thus became a EJ admission § Ordinary mail
which can be used against you during the cross- • Considered as served upon you 10d after
examination for purposes of impeachment depositing it
- You cannot allege a different COA in a supplemental pleading. It must have • There is presumptive service already after 10d
to be of the same nature as that of the original COA. - SERVICE UPON COUNSEL
th
o Suppose the counsel is holding office on the 7 floor. There is a
RULE 11 receiving desk on the ground floor.
- When you file a motion for extension, may sure that the original period is still o You have to go to the office of the counsel. You cannot serve it to
existing the receiving clerk on the ground floor.

RULE 12 RULE 14 – SUMMONS

BILL OF PARTICULARS SUMMONS

- If this will be asked, this will be asked in criminal procedure - It is through this that the court acquires jurisdiction over the person of the
- « ENRILE CASE defendant
o The predicate crimes of plunder was not alleged. Hence, Enrile filed - Another way is through voluntary appearance such as:
a motion for BOP. o Filing of an answer even before summons
- If your motion for BOP is denied, then you will have the remaining days to file o There was an attachment. You filed a motion to quash the writ of
your answer attachment
o Filed a motion for extension of time to file an answer
RULE 13 - HSBC CASE
o Judgment has already been rendered. When there was a motion
- If there is a complaint and an answer, then you have to serve it personally as for execution, you file a motion for postponement of the hearing for
a rule motion for execution of judgment. This is considered as voluntary
o Purpose of personal service: To speed up the administration of appearance.
justice because service through mail is very slow - Section 20 - X voluntary appearance
- If you cannot serve it personally, then prepare an explanation - Service of summons is important because of due process
- CASE - How to serve summons?
o Resorted immediately to service through registered mail instead of 1. Personal
personal service. Waited for the period to file an answer to lapse 2. Substituted
before filing an omnibus motion to expunge it from the records (trial 3. Publication
technique). Lawyer admitted that he was not aware of the rule that - Personal service
there must first be personal service since he is very old and what o By serving it upon the defendant or tendering it to him if he refuses
he knows is the old rule. When the case happened, the new rule to accept it
was only 1 month old. - Substituted service
o SC: o It is a basic requirement and strict requirement that the sheriff must
§ The court excused him pro hac vice. have to make a return that there were attempts to look for the
§ But said ruling cannot be made the basis for future suits. defendant and serve summons to him
Only for this case was the lawyer excused. o MANOTOC CASE
- SORSOGON CASE § 3x on 2 separate days
o The court can take judicial cognizance of the distance between o Serve it to a person of sufficient age and discretion + resident of
sorsogon and CA the place
o Hence, due to distance, service by registered mail is acceptable

Dugs DEAN ALBANO REM 12

 o Sheriff must file a return that despite efforts, it cannot be served on
the defendant
o MAKASKIT VS CASE
§ Rules on substituted service of summons is strictly
construed
§ Must be served to a person of sufficient age and
discretion + resident of the place
o LAOS CASE
§ Defective service of summons
§ ü MD based on LJ over the person of the defendant
§ But the defect may be cured by the testimony of the
sheriff stating that there were efforts to locate the
defendant and to effect personal service
o APACEL VS CA
§ The requirements of substituted service of summons
must be strictly complied with because it is in derogation
of the personal service of summons
§ Due process
- Service by publication
o Example:
§ A filed a complaint against B for sum of money alleging
that B is a resident of the city of Manila but the
whereabouts are unknown or the defendant is an
unknown defendant. Can there be service of summons
by publication?
• Rule, 14, Section 14
• IN ANY ACTION against an unknown
defendant or known defendant but
whereabouts are unknown, there can be
service by publication
• Reason:
o Service of summons personally
cannot be done if the defendant is
unknown or the whereabouts are
unknown
§ Section 15. Personal action. Action for sum of money
against defendant who already PERMANENTLY
migrated to the US. Can there be summons by
publication?
• NO.
• Before service of publication, there is a
procedure.
• You have to convert the personal action to a
quasi in rem action by attaching the property
of the defendant. When that property was
already attached, the action is already
converted into a quasi in rem action.
• Motion for leave to serve summons by
publications
Dugs
• The limit of the liability of the defendant is the
value of the res (property attached) hence the
court cannot render a judgment for the
deficiency or even for damages
o Section15
§ Service of summons by publication
• But jurisdiction only over the res and not the
person – only with respect to the status of the
person
§ Ex. ü jurisdiction to determine whether the child is really
the child of the defendant but X have jurisdiction to award
support
§ Ex. Defendant is already a permanent resident abroad.
ü summons by publication. Jurisdiction is acquired only
over the res (property) and not over the person.
- Section 16. Resident of the PH TEMPORARILY out the PH
o ü service of summons by publication
o But what is better and less expensive thing to do, substituted
service of summons
- Summons upon domestic corporation in the PH
o Enumeration is exlusive:
§ President
§ Managing partner
§ GM
§ Treasurer
§ Corporate Secretary
§ In house counsel
o BPI CASE
§ Service to branch manager = X proper service of
summons
- Foreign corp doing business in the PH
o Look for the resident agent or
o Government official designated by law to that effect or
§ Ex.
• SEC
• Insurance Commission
o Any of its officers or agents within the PH
- IMPERIAL CASE
o What about service of summons in a particular office? Where
should the sheriff serve the summons for the boss in the office?
o He should inquire who the is the office in charge in the absence of
their boss
o Issue: Is it necessary that the office in charge be authorized
personally to receive the summons?
o SC:
§ NO. It is not necessary that said person is authorized
personally because by operation of law, since he is the
person in charge, he shall be authorized to receive the
summons
DEAN ALBANO REM 13
 § The mere fact that he is the officer in charge, he is
authorized to receive the summons even without the
personal authority
SUNDAY LECTURE – September 18
RULE 15
MOTIONS
- 3-day notice rule
- Purpose:
o To prevent surprises
- 10-day rule
o BARCELONA VS CA
§ Here is a final judgment. But it is not yet executory.
Hence, appealable. Problem is that the defendant who
lost the case filed a MR from the FJ. He filed it but he set
it beyond the period of 10d. Within that period, the period
to appeal would lapse. In the meantime, while the period
to appeal had not yet lapsed, do not move. After the
lapse of the period of appeal, file a motion for execution
of the judgment.
§ The MR was filed but it was set beyond the 10d period
hence the period to appeal lapsed since it did not
interrupt the period to appeal. File an opposition with
motion for execution of the judgment.
§ Which one shall be granted?
• The ME will be granted.
§ ** do not expect this to be asked because this already
involves practice
- Notice of hearing
o It must be addressed to the counsel or party.
o Counsel for the plaintiff or defendant
o Ex.
§ Defendant files a MD. The notice of hearing must be
addressed to the counsel or the party because the court
may not know whether the party will oppose it or not or if
the party will available on the date of hearing
- Omnibus motions
o There are several reliefs that you would like to ask for
o Ex. There was service of summons but you failed to file an answer
within the reglementary period. There is now a motion for
declaration of default. How do you prevent the court from declaring
you in default?
§ Omnibus motion to lift the default + attach the answer
- JB CASE
o There was a motion to declare the defendant in default. The
defendant filed an answer but he did not attempt to recover his
personality in court.
o SC:
Dugs DEAN ALBANO REM
§ The defendant should have filed a motion to lift the order
of default first and waited for it to be lifted instead of filing
an answer immediately
§ ü proper declaration of default even if he filed an answer
because he should have had the default lifted first
- CATHAY PACIFIC
o In this case, there was an omnibus motion to file an answer and
admit the proposed answer.
o Hence, in this case, whatever happens, your answer is there.
- OMNIBUS MOTION RULE - Section 9 of Rule 15
o Some contend that this is a misplaced provision since it should be
in Rule 16 because it is related to a motion to dismiss
o GR: Defenses and objections not pleaded either in a MD o in the
answer are deemed waived
§ E: NON-WAIVABLE GROUNDS
1. LJ over the SM
2. Res Judicata
3. Litis pendencia
4. Barred by statute of limitations (prescription)
o These non-waivable grounds can be raised even on the first time
on appeal
o CASE
§ There was a proceeding for settlement of estate. There
was no alleged value in the complaint. The fact that the
RTC did not have jurisdiction over the SM was raised
only for the first time on appeal after 17 years.
§ SC:
• ü grant MD
• The proceedings were void because of LJ over
the SM
o PRESCRIPTION
§ If the prescription is apparent, can you file a MD?
• YES.
• File a MD based on prescription.
§ « But suppose prescription is not apparent, can you file
a MD base on prescription?
• NO, because the defense of prescription
becomes an evidentiary matter. You cannot
file a MD.
• You file an answer and interpose the defense
of prescription as an affirmative defense.
• “Your honor please, may I ask that you make
an admission that the contract was entered on
this certain date and that it became due and
demandable on this certain date 20 years ago.
Hence, it has already prescribed since it is a
written contract which should have been filed
10 years ago.
14
 § CO CRIMINAL CASE TRO. After the period to
• In the medical findings the PI was cured within vacate the premises
10d. So, it was just slight physical injuries. But expired, you file an action
what was filed was less serious PI. It was filed to eject the lessor.
after the period of prescription. Can the court § Which case was filed
render a judgment of conviction? ahead of the other?
• SC: • The action for
o NO! X convict because it has damages
already prescribed • But the
§ BEQ: May a person be charged with a crime that has problem is that
already prescribed? there was a
• NO. Because the state has already lost the prayer to fix the
power to prosecute. period longer
§ YAMBAO CASE for the lease.
• Prescriptive period for legal separation is 5 § Moved to dismiss the
years. In this case, the action has already second case.
prescribed but it was not apparent because it o SC:
was not stated when the husband had sex with § The appropriateness
the paramour. It was only stated that she test was used – which of
caught his husband in flagrante delicto. the 2 cases is the more
• Trial technique: DO NOT ASK WHEN!!! appropriate for the court
Because the cross-examiner might forget and to fix a longer period of
you can make lusot. It will not be dismissed by the lease. Is it the action
the judge if there is no evidence of for damages with
prescription. injunction or is it in the
• But for example, if you ask in the cross- action for UD?
examination when you caught your husband in § It is in the UD case which
flagrante delicto. The court will MP dismiss it is the more appropriate
based on prescription. action although it was
o LITIS PENDENCIA filed after the first case for
§ May a second action be a ground to dismiss a first damages.
action? • ANTICIPATORY TEST
§ « TESTS: • PRIORITY OF FILING TEST
• APPROPRIATENESS TEST o A filed a complaint against B on Jan.
o Most important test 2, 2017. Then B filed a complaint
o MIRASOL VS FLORES CASE against b on Feb 12, 2017. Now,
§ There is a very old can Mr. B file a MD against the
building. There are so complaint in the first on the ground
many tenants in this of pendency of another action?
building. But since this § NO. Because case of A
building is very old and was filed ahead of the
may be dangerous, they case of B.
decided to ask the
lessees to vacate the RULE 16 – MOTION TO DISMISS
premises. Everybody - FAILURE TO COMPLY WITH CONDITION PRECEDENT
vacated the premises o Prior barangay conciliation
except one fellow. o Exhaustion of admin remedies
Instead of vacating, he o Prior resort to compromise between immediate family members
filed an action for § Why?
damages with PI and • Because this is a self-spectacle

Dugs DEAN ALBANO REM 15

 • It will plant the seeds of bitter bitterness (?)
o Unlawful detainer
§ Before you can file a case of UD, the LO must exercise
the following options:
• Sell it or
o If he refuses to buy the land and the
value of the land is not considerably
more than the value of the
improvement à it is only then that
you can file an action for UD
• Appropriate it for himself
§ Ex. A is the owner of a parcel of land. B constructed a
house on the land of A. A filed a complaint for UD.
- VENUE
o It is improper only when it is objected to
o The court cannot dismiss the case MP
o If it is not objected to in a MD à then it is deemed waived
o Venue is designed for the convenience of the plaintiff
- FAILURE TO STATE COA
o It is filed on the basis of the provisions of Rule 16
o The court is constricted to the allegations in the complaint. Is there
evidence in Rule 16?
§ None.
§ The court is limited to the allegations in the complaint.
o As distinguished from the MD based on lack of COA – demurrer
to evidence (Rule 33)
§ This can only be filed after the prosecution/plaintiff has
rested its case
§ Here, it is based on failure to prove the cause of action
through the presentation of evidence
o PETA DEVT CORPORATION
§ The court is limited to the components of the complaint
§ There is no evidence that is going to be considered by
the court
§ But can the court consider annexes A, B and C?
• YES.
• The annexes are not evidence. There is no
trial yet. It has not yet been offered. It is a mere
annex. It is considered as part of the
complaint.
o CONCHITA VDA DE CHUA CASE
§ There was a contract of lease. A is the lessor; B is the
lessee. Under the provisions of the contract of lease with
a right to repurchase, the lessee shall have the right to
buy the building during the pendency of the contract. The
contract expired. But it was impliedly renewed because
the lessee was still in possession of the property after 15
days from expiration of the contract (tacita reconduccion)
without the lessor ordering him to vacate. The lessee
then said that he is now ready to exercise the right to
Dugs
repurchase. But the lessor refused saying that the
contract has already expired. The lessee contended that
the the right to repurchase was also impliedly renewed.
§ RTC and CA:
• ü MD based failure to state cause of action
• The impliedly renewed lease does not include
the right to repurchase which was not impliedly
renewed – it Is strange to the provisions of the
original contract
• The right to repurchase was not impliedly
renewed
§ SC:
• Still pending
- UNENFORCEABLE UNDER THE PROVISIONS OF THE SF
o Ex.
§ A contacted B saying that he wants to sell his house for
10M in cash. B agreed. He went to the house of A. A
changed his mind. Hence, B filed an action for specific
performance to enforce the sale. B contends that there
was a perfected contract.
§ What is your remedy as the counsel of A?
• The contract is not enforceable
• File a MD based on the ground that the
contract is unenforceable
• It is a perfected contract but since it involves
land hence, it should be in a written contract.
In this case, it was merely an oral contract
§ If the motion was denied. What will your remedy be as
the counsel of A?
• It is a mere interlocutory order
• File an answer, go to trial. If judgment is
rendered adversely against the latter, appeal
form the judgment and invoke as error of the
court the denial of the MD.
• There can be no appeal because it is an IO
which does not determine the finality of the
rights of the parties because there is
something yet to be done.
• If ever there is a GAD and there is no PSA
remedy, as a last resort, I will file a SCA for
certiorari (65)
RULE 17 – DISMISSAL OF ACTION
- Ex. A filed a complaint. Summons was served. No answer was filed. If you
were the counsel for the plaintiff, do you need to file a MD?
o No, the plaintiff can just file a notice of dismissal.
o There is no need for an order granting it. It shall just issue an order
confirming the notice of dismissal by the plaintiff.
DEAN ALBANO REM 16
 - Ex. A filed a complaint. Summons was served. B filed a motion to dismiss. - SPA should be issued to the counsel so that it can enter into compromise
During the pendency of the MD of B, the plaintiff served a notice of dismissal. during PT
If you were the judge, what would you do now?
o Entertain the notice of dismissal by the plaintiff RULE 19 – INTERVENTION
o Issue an order confirming the notice of dismissal - A person who has a legal interest in litigation
o The motion to dismiss by the defendant is already moot and - Not yet a party to the case
academic - Real interest; not mere inchoate interest
o If there is a notice of dismissal, there is no other action by the court - It should not cause delay
than to confirm the notice of dismissal - And that it cannot be prosecuted in a separate action
- Ex. What if after the plaintiff filed a notice of dismissal. He filed a case again. - NAIA 3 CASE
He again filed a notice of dismissal again. He then filed a complaint of the o Opening of NAIA 3 was delayed because of some defects in the
rd
same nature for the 3 time. airport. There was a controversy between the contractor and the
o 2 dismissal rule has the effect of res judicata DOTC because of the many defects in the airport. Because of the
- If ever there is already an answer, the plaintiff can file a MD which MAY be case that was pending between the government and contractor
granted by the court – discretionary which has been dragging, so one of the SH filed a motion for leave
- Can the counterclaim proceed independently of the main action? to intervene in the case. The SH stated that because of the delay
o YES. in the opening of the airport, his right has been injured and he is
- What are the instances when the court may dismiss the action MP? prejudiced. Should the court grant the motion for leave to
o Apparent that there is LJ intervene?
o Failure to prosecute (Noelle prosequi) o SC:
o When you fail to amend the pleading when ordered by the court § Deny motion for leave to intervene
o When you fail to appear on the date of presentation of evidence in § The nature of the interest of a SH over the properties of
chief a corporation is merely inchoate or expectancy.
o APOR - When are you going to intervene?
- Section 3 (APOR) o Under the provisions of Rule 19, prior to judgment.
o GR: Dismissal is with prejudice o GR: Because if you intervene after judgment, it becomes dilatory
§ E: Unless otherwise directed by the court § E: It is relaxed in several cases – wherein even if it is on
appeal already, the case allowed intervention
RULE 18 – PRE-TRIAL § SANTOS CASE
- If the plaintiff fails to set the case for pre-trial, it is the duty of the clerk of court • Intervention was allowed even when the case
to set the case for PT was already on appeal because the intervenor
- When is the case deemed joined? was an IP. Hence, he was allowed to intervene
o After the filing of the last pleading – reply because there can be no valid judgment
o The issues are already joined without him being impleaded in the action.
- There is no default in pre-trial § QUINTO VS COMELEC
o Failure of the plaintiff to appear = cause for the dismissal of the • If you are a judge and you file a COC, once it
action with prejudice is stamped on, under the law, the judge is
§ E: Unless otherwise ordered by the court deemed resigned. It was declared unconsti
o Failure of the defendant to appear = allow the plaintiff to present because it is violative of the due process
evidence ex parte and the court to render judgment on the basis clause. There is no distinction between
thereof elected and appointed officers. Drilon filed a
- Pre-trial brief motion for leave to intervene so that they can
o 3d before the date of the PT, submit PT brief. If you do not file the file a MR. The judgment was already
PT brief, the case may be dismissed (discretion of the court) à the rendered.
defendant can present evidence on the counterclaim ex parte • SC:
- Purposes of PT? o The court allowed the intervention of
o Amicable settlement of the case Drilon because the issue was of
o If there is no settlement of the case à then we go to the PT proper transcendental importance
(marking of evidence, number of witnesses you will present, o An appointed officer does not owe
simplication of issues, etc.) anything to the people while the

Dugs DEAN ALBANO REM 17

 elected officers owe something to
the people; they have a mandate to
the people
o Reversed the decision of the lower
court
§ ATIENZA CASE
• 9/11 incident in New York. The city of manila
immediately enacted Ordinance 1827 which
reclassified the pandacan area where the oil
depots are from industrial to commercial.
Hence, oil depots were no longer allowed.
Reason for the ordinance is because it might
be attacked by the terrorists and the ball of fire
may wipe out the entire MM area. There was
a 1-year period provided by the ordinance for
the depots to be transferred to another place.
In spite of the ordinance, there was a MOA
between Atienza and the 3 major petroleum
players.
• SC:
o Even if the case is already final,
since the issue is of transcendental
importance, the motion for
intervention should be granted
MODES OF DISCOVERY
- If there is an actionable document and you do not deny it specifically and
under oath à the genuineness and due execution of the documents shall be
deemed admitted
o E: If you file a motion for production and inspection of that
document and the other party did not comply with the order of the
court allowing you to inspect/reproduce the government à you do
not need to make a denial specifically and under oath of the
document
- Written interrogatories
o MOD wherein you are going to answer certain questions which are
relevant
o GR: if you do not answer the written interrogatories, the matters in
the WI shall be considered as admitted
§ E: if the matters that are asked of you to answer or admit
are already specifically denied
• Ex. There is a request for admission of the
genuineness and due execution of the
document.
o According to Riano, if not done, AP cannot compel a party to give
testi in open court or give depo pending appeal
- Admission by adverse party
o If you do not answer the request for admission, the matters shall
be considered as admitted
Dugs DEAN ALBANO REM
oRiano: If not done, the party shall not be allowed to present
evidence on the facts that are material and relevant
- METROBANK CASE
o If you did not sent WI to the witness, the court will not allow you to
present the witness \
RULE 33 - DEMURRER TO EVIDENCE
- Demurrer to evidence in Civil case
o File a motion to dismiss based on lack of cause of action after the
plaintiff has rested its case
o In civil cases, no need for LOC.
o If denied = IO = X appeal
§ E: 65
o If the MD is granted à the case is dismissed
§ This is considered a FJ which is appealable
§ If reversed on appeal, the defendant is deemed to have
waived his right to present evidence
§ So, when you file a motion to dismiss based on demurrer
to evidence, make sure that you are 101% sure.
- Demurrer to evidence in CRIMNAL CASE
o With or without LOC
o If with LOC and denied à ü present evidence
o If without LOC and denied à deemed to have waived = X present
evidence
o If granted à X appeal (DJ)
§ E: 65
o RIVERA VS SB
§ After the prosecution rested its case, it was the SB itself
which instructed the counsel of the accused to file DE.
Hence, he filed it without asking for LOC. It was denied
by SB.
§ SC:
• It was the SB itself who instructed him to file
the DE.
• Hence, it is filed with LOC because the order
of the SB to file a DE is equivalent to LOC.
o SALAZAR VS PEOPLE CASE
§ The city of Legaspi in Albay. There was purchase of rice
value at around 240k. The problem is that the debtor
issued a check. The seller said that what they talked
about was cash. They asked several people to be
accommodation parties to be sure. When the check was
deposited, it bounced. The debtor was asked to pay but
he did not pay at all. Estafa case filed against the debtor
and the accommodation parties. The accommodation
party contended that he was merely an accommodation
party thus he has no contractual relationship with the
creditor. AP filed DE with LOC. Granted. Hence, he was
acquitted. But in the same judgment of acquittal, he was
made to pay the amount of 240k. Filed a MR asking that
18
 he be allowed to present evidence on the civil aspect.
RTC denied it.
o SC:
§ The AP should be allowed to present evidence on the
civil aspect
§ If he is not allowed to do so, it would be deprivation of
the right to due process.
§ The case is remanded for the purpose of presentation of
evidence in so far as the civil aspect of the case.
JUDGMENT ON THE PLEADINGS
- Failure to tender an issue or admits material facts in the complaint
- There is no issue of fact hence evidence need not be presented
- There is total disposition of the issues
- Are affidavits and issues needed?
o NO, because the judgment on the pleadings is limited to the
complaint and answer
rd
- May there be a judgment on the pleadings even during the pendency of 3
party complaint?
o YES.
o METROMANILA TRANSIT CORP CASE
§ Metromanila transit corp is an owner of a bus. The bus
was sold to A. So the actual operator now is A. Still in the
name of metromanila transit corp. Met an accident and
killed someone. Registered owner rule. The heirs of the
victim sued metromanila transit corp. MMT filed a third
party complaint against A. There is now an admission in
so far as MMT is concerned. Is this an issue in so far as
the heirs of the decedent are concerned? There is no
issue of fact. It was admitted by MMT that the plaintiff
met an accident which resulted in his death. Liability was
admitted because of failure of MMT to have the vehicle
registered under the name of A. In the meantime, heirs
of A filed a judgment on the pleadings against MMT. If
you were the judge, will you grant it?
• Yes.
rd
• Because the 3 party complaint can even be
tried independently of the main action
• If there is no issue in the main action, there can
be a judgment on the pleadings on the main
action
rd
• A 3 party complaint may be decided
independently of the said main action
SUMMARY JUDGMENT
- No genuine factual issues
o E: As to the amount of damages
- Is there a triable issue?
o Yes, but only as to the amount of damages
Dugs
o If there is a motion for SJ, then that SJ will be rendered by the court
but in the meantime, there shall be a trial in so far as the damages
are concerned
- The SJ is a mere interlocutory judgment because there is something yet to
be done which is the trial on the issue of damages
- There is only partial disposition of the issues
- Are affidavits and issues needed?
o Yes.
- BEQ: May a defendant file a motion for summary judgment or judgment on
the pleadings?
o Normally, it is the plaintiff who should file it
o But the defendant may also file a motion for SJ à but in this case,
there is an admission of the material allegations that have already
been denied
REMEDIES AGAINST JUDGMENT
- New Trial
o Grounds:
§ NDE
§ FAME
o Extrinsic Fraud
§ Ex. You have a kalakal in the province. You were
supposed to present evidence on Tuesday. Your
opponent called you saying that he has already asked for
postponement. But then he did not actually do it. So, you
did not appear because of the act of your opponent. So
your opponent asked to present evidence ex parte
• ü ground for NT
o Mistake
§ GR: Mistake of the lawyer is attributable to the client
• E: if the mistake is so gross that it would
amount to deprivation of the right to DP
o NDE
§ Evidence that was already existing at the time you filed
the case or trial but you could not have discovered that
evidence even with the DGFOAF.
§ It should have been existing already because if that
evidence was not existing at all, it cannot be considered
as a NDE.
§ If it is documentary, you should attach it.
§ If it is testimonial, you have to attach an affidavit of the
proposed witness because this is the proposed
testimony of the witness which is a NDE
• Purpose: But after the examination of the
testimony, it may be merely corroborative of
st
the 1 witness hence it is not NDE
§ If NDE is granted, there shall be trial de novo.
DEAN ALBANO REM 19
 - Motion for reconsideration o BEQ: Judgment was rendered on December 10. The defendant
o Grounds: was furnished with the copy on December 15. The plaintiff was
§ Damages awarded are excessive furnished with the copy on December 20.
§ Evidence is insufficient to justify the decision or FO § What is the period of appeal?
§ Decision or FO is contrary to law • Exclude the first, include the last – start
nd
o Can you file a 2 MR for reconsideration? counting from December 16.
§ GR: NO. It does not even toll the period to file an appeal • If the last day is a holiday, then the next
• E: in the SC working day.
- Appeal • December 30 is the last day but it is a holiday
à next day is 31 which is vacation. Jan 1 is
APPEAL still vacation day. Jan 2 is a Saturday. Jan 3 is
- You file a MNT or MR within the period to appeal a Sunday.
- Period to appeal is 15d • So the last day is Jan 4.
- Q: Judgment was rendered. You filed a MR/MNT. Denied. Can you appeal § When is appeal deemed perfected?
from the order denying the MR/MNT? • It is perfected after the lapse of Jan 4
o That order itself is an appealable order because it is a FO • After the lapse of all the periods to which a
o Since it is an affirmation of the judgment which was subject to a party is entitled to appeal
MR/MNT § What is the meaning of perfection of appeal?
o But what we do is that we appeal the main action and invoke as an • It means that the court of origin has lost
error of the court the denial of MR/MNT jurisdiction after the appeal has been
- No appeal may be taken from (Rule 41): perfected
1. Order denying a petition for relief or any similar motion seeking o E: As provided for in Sect 9 of Rule
relief from judgment 41 – doctrine of residual powers/
2. IO residual jurisdiction
§ Order denying a MD - RESIDUAL JURISDICTION
§ Order denying DE o After the receipt of the judgment of the plaintiff, he filed a motion for
3. An order allowing or dismissing an appeal execution of judgment pending appeal on December 27. Can the
4. An order denying a motion to set aside a judgment by consent, court act upon it on January 4?
confession or compromise on the ground of fraud or duress or any § YES. Because of the doctrine of residual powers
other ground vitiating consent § For as long as that ME pending appeal was filed during
5. An order of execution the period of appeal and that the record of the court is
6. A judgment or final order for or against one or more several parties still in possession of the TC, the court can act upon it
rd
or in separate claims, counterclaims, cross-claims and 3 party even after the perfection of the appeal on January 15.
complaints, while the main case is pending o Can you file a motion for approval of the compromise after Jan 15?
a. E: Unless the court allows an appeal therefrom § Yes.
7. An order dismissing an action without prejudice o These are powers that remain in the court even after the perfection
- NEYPES PRINICPLE of the appeal
o Fresh period rule from denial of MR/MNT to appeal - You cannot appeal from an order denying a PRJ. What is your remedy?
o ü applicable also to criminal cases o Rule 65 if there is GAD amounting to L/EJ since there is no PSA
o X applicable in admin cases – it applies only to judicial proceedings, remedy
not to administrative proceedings - What are the modes of appeal?
- The right to appeal is a mere statutory right. If ever there is a period provided o MTC à RTC (NA)
for by the rules for you to perfect an appeal, it is a jurisdictional period. § This is a MR
o E: there is a justifiable reason o RTC (AJ) à CA (Petition for Review under Rule 42)
§ Ex. Yolanda § This is discretionary
- When is appeal deemed perfected? o CA à SC (Petition for review on certiorari by way of a writ of error
o Appeal is perfected the moment you file a NA – 45)
o Appeal is deemed perfected after the lapse of all the periods the § Don’t ever go to the SC by way of 65 form the CA unless
party is entitled to appeal there is GAD since this is an exceptional remedy à
wrong mode of appeal = dismissed

Dugs DEAN ALBANO REM 20

 - ASSIGNMENT OF ERRORS - If you use NA from the RTC (AJ) to CA, the proper mode is petition for review
o Whenever you appeal from a judgment, you must assign the errors à if it is the wrong mode of appeal and you use NA, the court can dismiss
of the court the case (discretionary on the court)
§ Ex. Appeal from the judgment. The court erred in the - If ever the judgment is in favor of ABC, the judgment will inure to the benefit
denial of the MR/MNT or MD. of A even if he did not appeal
o Effect if you do not assign an error o Same as in criminal case. Even if the one of the accused did not
§ Dismissal of your appeal appeal, if the judgment appealed is in favor of the accused, it will
o Whenever you appeal from a judgment, you must assign the errors inure to the benefit of the non-appealing party
of the court because they are the issues that the court will design - « Purposes of appeal (BERSAMIN)
o What has not been juridically presented cannot be juridically o Correction of an error
decided § So that the court will correct the error in the judgment
o Are there exceptions? appealed from
§ Yes. o Institutionalization of the judgment
§ If LJ is apparent = the court can dismiss it MP § Institutionalization of the decisions of the court pursuant
§ If there is an issue that was not raised but it is interrelated to the principle of stare decisis
to the issue raised § Constitutional basis: If there is a decision of the SC en
§ Transcendental importance banc, it cannot be abandoned by the SC by division.
- DISTINGUISH 45 from 65 § It is progressive institutionalizations of the development
of the law and decisions of the court
45 65 • Ex. REPUBLIC VS IYOY
Period 15 60 o They expanded the concept of a
- ü fresh 15d - ü fresh 60 mixed marriage. It does not need to
Issue Law Jurisdiction be mixed at the time of the
Parties Original parties (A vs B) Court is impleaded (X celebration, it is enough that it is
Appellant/Appellee vs CA) mixed at the time the divorce was
Continuation of the original Separate and distinct obtained
proceeding • Ex. Tamargo va CA
o As a rule, the effects of adoption
- 45 vs 65 shall retroact to date of filing of
o They are not alternative remedies petition for adoption. But in this
o They are not cumulative either case, the court said that it is true that
o They are exclusive remedies it is retroactive but it is only
o But sometimes, they treat 45 as a 65 – but this is a matter of retroactive if it inures in favor of the
discretion on the part of the court child
§ Ex. AZUCENA CO CASE – DOCTRINE OF - DOCTRINE OF IMMUTABILITY OF JUDGMENT
PROCEDURAL VOID o Once a judgment has become final, it cannot be amended anymore
o These are remedies that not cumulative. They are not alternative. o Especially so if the amendment is a material amendment
They are exclusive remedies. They are antithetical to one another o COMMERCIAL CORP CASE
- Why is it that sometimes appeal would be dismissed? § There was a complaint for sum of money with prayer for
o If you do not file the appeal brief or the memorandum interest and penalty. There was a compromise
o But if you do not file the correct DF à X automatic ground for agreement. The interest was reduced but the penalty
dismissal remained big. Judgment was rendered based on the
§ Ex. There is a record on appeal. There compromise agreement. But there was failure to comply
- Record on appeal with the terms of the compromise. They asked to have
o Record those important pleadings together with the orders and the penalty reduced. Should the court grant it?
judgment • NO. Because it is a FJ already and if the court
o It must be approved by the court allows it, it will violate the doctrine of
o After its approval, you cannot change it à it will be a ground to immutability of judgment
dismiss the appeal

Dugs DEAN ALBANO REM 21

 - « SLIP RULE
o Mere clerical or typographical error
o BAGUIO VS CA
§ There was a complaint for the recovery of RP
denominated as LOT #89. Trial was conducted.
Judgment. All stated lot #89 except the dispositive
portion which states Lot #28. Can you execute the
judgment? NO. Because the body of the decision and the
dispositive portion are different. The dispositive portion
should be quoted in the writ of execution and the WE
should not vary the terms of the dispositive portion. What
is your remedy?
• Motion for clarification of the judgment
• It is a mere typographical error hence it can be
amended as an exception to the doctrine of
mutability of the judgment
- HARMLESS ERROR RULE
o Harmful errors – it prejudices the constitutional rights of the
accused
o PEOPLE VS TEHANKEE
§ Tehankee contends that the court committed an error in
convicting him because the court considered several
evidence that should not have been considered. He is a
very troublesome fellow. He has been involved in several
shooting incidents.
• Court said that the evidence taken into
consideration are merely harmless errors
• Medj malabo kwento nya
RULE 38 – RELIEF FROM JUDGMENTS, ORDERS OR OTHER PROCEEDINGS
- It is not a substitute to appeal
- File within 60d after the petitioner learns of the judgment, FO or other
proceedings to be set aside and not more than 6 months after such
judgment or FO was entered or such proceeding was taken (60-6)
- If it is denied, what is your remedy?
o X appeal
o ü certiorari (65) if it is available
- You must show that you lost your right to appeal because of FAME and not
because of your own fault
- If ever the PRJ is granted, the court will set aside the judgment and give you
the opportunity to have a new trial as if a timely MNT was filed
- In what court will you file the PRJ?
o If decided by the MTC à file with the MTC
o If decided by the RTC à file with the RTC
o You have to file it with the same court
o You cannot file a PRJ in the CA and SC
- CASE
o The PRJ was filed in the RTC instead of the MTC. Is this correct?
o SC:
§ As a rule, no. BUT this is an exceptional case
Dugs DEAN ALBANO REM
§ The court treated it as a SCA of 65 since there was lack
of due process for failure to properly serve substituted
summons
WRIT OF EXECUTION
- Once the judgment has become F&E à the issuance of the WE becomes
ministerial
- You can even file a petition for mandamus to compel the court to issue the
WE because it is a ministerial duty
- In the new ROC, there is no more need for the case to be remanded for it to
to be executed à you just need to file a ME for the WE to be issued
- The WE must conform with the dispositive portion because if not you can file
a MQ
- PASCUAL CASE
o Judgment is rendered ordering the title of B void. Ordering B to
reconvey the property and pay damages. Judgment became F&E.
It is a judgment to perform a specific act which to reconvey the
property to the plaintiff. B signed a certificate of reconveyance and
paid damages. He contends that the judgment does not order him
to restore physical possession of the property hence he does not
need to do it and if he be compelled to do so, it would be varying
the terms of the judgment.
§ The surrender of property is incidental
§ Necessarily, the defendant (B) must surrender the
property to the owner (plaintiff) since possession is an
incident of ownership which was declared by the court to
rightly belong to the plaintiff
§ If the contention of B is upheld, the plaintiff will have a
mere empty victory
EXECUTION PENDING APPEAL
- Requirements:
o File a motion
o There must be good reason
o The good reason must be stated in the order granting the motion
for execution pending appeal
- DBP VS MACEDA
o In order to justify execution pending appeal, what could be a good
reason?
§ Perishable goods imported but the importation was held
in the customs authorities
• ü file ME pending appeal because it involves
perishable goods
§ Subject matter of the controversy are carpets. Judgment
was rendered in favor of the plaintiff. ME pending appeal.
What could be your good reason?
• If the case will be pending for a long time, the
carpets will be ____ à the carpet will lose its
value
22
 - WHAT IF THE DEFENDANT DIED?
o You cannot execute the judgment
o Rule 86 – file a claim against the estate
o If there is a judgment and there is already a levy, you can sell.
- PERIOD OF EXECUTION OF JUDGMENT
o 5 years – via motion for execution
o 10 years – independent action for execution of judgment
§ original action for revival of the judgment
§ In an action for revival of judgment, the COA is the
judgment itself and not the original action
§ The 10-year period commences to run from date of entry
(same as start of running of 5-year period)
• In short, the 5 and 10 year period start to run
at a common point – from the date of entry of
judgment
o Reason behind the limitation of 5 and 10-year period
§ Public policy
§ In order to prevent the possibility of delay in the admin of
justice and satisfaction of the judgment
§ To prevent you from sleeping on your right to execute the
judgment
o If there is any interruption, the period of interruption shall be
deducted – the interruption must have been cause by the
defendant, not the plaintiff.
§ Ex. You were able to secure a TRO/PI or you were able
to get a PI
§ « VILLESA CASE
• Judgment was rendered in a UD case. It
became F&E. Motion for execution granted.
WE was issued. But before the judgment could
be executed, the plaintiff filed a motion for
suspension of execution of judgment because
of humanitarian reasons. Motion was granted.
th
He slept on his right for 10 years. On the 11
year, he filed an action for revival of judgment.
Counsel for defendant contended that the
action has already prescribed.
• Held:
o It has already prescribed.
o Plaintiff cannot raise the interruption
because the period of interruption is
deducted only if it is obtained by the
defendant. If it is the plaintiff who
caused the suspension and
interruption, then it will not be
deducted.
o It is the fault of the plaintiff, hence it
has already prescribed.
o Revived judgment cannot be different from the original judgment
§ Because of the doctrine of immutability of judgment
Dugs
§ Filed in the RTC because it is IPE
DOCTRINE OF IMMUTABILITY OF JUDGMENT
- Is this absolute? NO.
o Legal separation case. Final and executory judgment. They
reconciled.
§ The judgment is not immutable.
§ It can be changed at any time
o Support
§ The amount of support can be adjusted depending upon
the needs and capacity
WHAT IF THE DEFENDANT DOES NOT HAVE MONEY?
- The Sheriff can garnish the amounts in the bank – this is not violative of the
bank secrecy law
- If you find that a property can be attached, have it attached already so that
when there is a judgment, you can have it levied upon
EXECUTION OF JUDGMENT FOR SPECIFIC ACT
- Defendant refused to sign the deed of sale à court appointed a person to
sign the deed of sale
- If the judgment is now final and executory and there is a levy on the property
of the defendant or respondent. But the problem is that the defendant does
not own the property that was levied upon. What is your remedy?
o 2 options:
rd
§ File a terceria or a 3 party claim
• Submit it to the sheriff
• The sheriff will not be bound to continue
possessing the property unless the prevailing
party shall put up a bond for damages
§ If movable – replevin
• Terceria is not a condition precedent to filing
of a replevin
o Example: The defendant is in possession of your property as a
lessee or is a depositary. So that the lessor or depositor is the
owner of the property. Hence, if the property is levied upon, the
owner can
§ « SANTOS CASE
• There was a judgment that was rendered by the NLRC.
There was a claim for sum of money arising from ER-EE
relationship. The judgment became F&E. Writ of
execution. Sheriff levied upon the property in possession
of the respondent. However, the property actually
belonged to another person.
• If you were that person who owns it, what would be your
remedy?
RD
o File a TERCERCIA or 3 PARTY CLAIM
o The sheriff cannot possess the property
unless a bond is posted
DEAN ALBANO REM 23
 • But the sheriff of the NLRC disobeyed and scheduled it
for sale.
• The owner of the property went to the RTC of Manila and
filed an action for replevin + PI and TRO. The judge of
the RTC issued the TRO. The sheriff was then ordered
imprisoned. The sheriff contended that the RTC cannot
issue a TRO because of equality between RTC and
NLRC.
• SC:
o This is an exception to the rule
rd
o If there is a 3 party claim, even if the courts
are of equal jurisdiction, the court can
interfere.
o Reason: judgment is only binding between
rd
parties. Property of the 3 person cannot be
made to answer for the obligation of another.
Principle of due process applies.

RANKING OF MOST IMPORTANT

- Terceria
- 5-10 years
- RJ
- Recognition of foreign judgment
- Execution pending appeal

Dugs DEAN ALBANO REM 24

 SEPTEMBER 30, 2017 - You cannot split your COA. If you split your COA and there is now a F&E
judgment in the first, you cannot file another action involving the same P,SM
and COA since this will be barred by the principle of RJ.
TERCERIA - Ex. A borrowed from B 10M. Agreement to pay from January to October.
st
- If there is a judgment and a property is levied upon by the sheriff and said Acceleration clause. Failed to pay the 1 installment. Filed a case only for the
st
property does not belong to the defendant – it belongs to a third person. 1 installment. Final and executory judgment. Another case fled for the
- Remedy of the third person is Terceria remaining installment
- File an affidavit with the sheriff and the sheriff shall not sell the property unless o ü RJ
the other party files a bond - MALLION VS ALCANTARA
st
- « SANTOS CASE o 1 case: Dec. of nullity of marriage on the ground of psychological
o There was a judgment that was rendered by the NLRC. There was incapacity. Dismissed. Final and executory.
nd
a claim for sum of money arising from ER-EE relationship. The o 2 case: Filed another case for declaration of nullity of marriage on
judgment became F&E. Writ of execution. Sheriff levied upon the the ground of lack of marriage license.
property in possession of the respondent. However, the property o Is there RJ?
actually belonged to another person. § YES.
nd
o If you were that person who owns it, what would be your remedy? § Cannot file the 2 case because there was already RJ.
RD
§ File a TERCERCIA or 3 PARTY CLAIM § ü all elements of RJ are present
§ The sheriff cannot possess the property unless a bond is - MOCEDA CASE
posted o There was a donation of property. Donor went to the court to have
o But the sheriff of the NLRC disobeyed and scheduled it for sale. the donation declared void. Judgment became final and executory.
o The owner of the property went to the RTC of Manila and filed an After this, the donee went to court for an action to quiet title of the
action for replevin + PI and TRO. The judge of the RTC issued the donor’s property. Donor filed a MD on the ground of RJ.
TRO. The sheriff was then ordered imprisoned. The sheriff o SC:
contended that the RTC cannot issue a TRO because of equality § üRJ
between RTC and NLRC since it would violate the doctrine of § Objective in both actions is to recover title
judicial stability. § The nomenclature of the action was merely changed
o SC: - MESINA VS CA
§ This is an exception to the rule o Unlawful detainer case. There was a demand to pay and vacate.
rd
§ If there is a 3 party claim, even if the courts are of equal Not heeded. Suit for UD filed. After trial was conducted, judgment
jurisdiction, the court can interfere. was rendered. UD case dismissed. The plaintiff did not even
§ Reason: judgment is only binding between parties. appeal. It became final and executory. Several years after, there
rd
Property of the 3 person cannot be made to answer for was again a demand to vacate and pay. Unlawful detainer case
the obligation of another. Principle of due process filed against. Motion to dismiss on the ground of RJ. Dean Albano
applies. denied the MD. Trial ensued. Judgment became final. Appealed
and assigned as error the denial of the MD. RTC reversed the
RES JUDICATA decision. Rule 42 to the CA. CA reversed RTC decision and
- A matter that has been adjudicated cannot be re-adjudicated otherwise there reinstated MTC decision that there is no RJ.
would be no end to litigation o What is your remedy from the order of MD?
- It is founded on public policy – there must be an end to every litigation § It is a mere interlocutory order
- Requirements: § File an answer and wait for FJ
1. FJ § Appeal the FJ and assign as an error the denial of a MD
2. Identity of parties, subject matter, COA o SC:
- It is enough that there is substantial identity § X RJ
- Bar by prior judgment § While it is true that there is identity of parties and SM,
o ü identity of P, SM and COA there is no identity of COA
- Conclusiveness of judgment § Conclusiveness of judgment – no identity of COA
o ü identity of P and SM - It is enough that there is substantial identity
o X identity of COA o Ex. A is the principal. B is the agent. B is authorized to litigate for
A. Case was filed. Dismissed. FJ. Can A go to court and file a case?
§ NO. Because there is substantial identity of parties

Dugs DEAN ALBANO REM 25

 § The act of the agent is the act of the principal
- PEOPLE VS PINEDA
o Res Judicata in Prison Grey
§ Same as double jeopardy
§ Criminal procedure
§ The only difference is that RJ in prison grey is the term
used in America.
FOREIGN JUDGMENT
- Ex. If there is a divorce decree obtained abroad by the foreigner, what is the
procedure that the Filipino spouse should go through in order to remarry?
o Go to court and file a petition for recognition of a foreign judgment
- The foreign judgment is not a law in the PH. It must be proven as a fact
according to the rules on evidence
- How will you prevent or repel the recognition of the foreign judgment?
o Prove that the court which render the foreign judgment does not
have jurisdiction
o Collusion
o Fraud
- CORPUS VS STO TOMAS
o If there is evidence that the foreigner cannot remarry under his law,
then the Filipino cannot likewise remarry
o “Capacitating him/her to remarry according to the law of his
country”
- Ex. Filipino executed a will distributing his properties in the PH. Probated in
America. Can it be enforced here in the PH? What is the remedy?
o Reprobate of the will in the PH
o Reprobate is equivalent to recognition of the FJ
PROVISIONAL REMEDIES
RULE 57 – Preliminary Attachment
- Preliminary attachment
- You cannot file a preliminary action as an original or main action
- Ex. D borrowed money from C. 1M. Failed to pay. Check bounced due to
closed account. You filed an action for sum of money on the basis of fraud. Is
this a ground for issuance of writ of attachment?
o Yes.
o Affidavit + application for issuance of WA
o Application and issuance of WA is ex parte
o It is ex parte because if not, the properties may be concealed by
the defendant
- DAVAO CASE
o GR: There must be contemporaneous service of summons
together with the WA to acquire jurisdiction over the person of the
defendant
- ONATE CASE
o E: If the defendant cannot be served with summons together with
WA contemporaneously despite reasonable efforts, it can be
Dugs DEAN ALBANO REM
served within a reasonable period of time, whether it be personal
or substituted service of summons
- The property will be in custodial egis
- The property will be levied upon to answer for the liability in the judgment
- Remedies against attachment?
o There was over attachment of properties
§ Ex. A borrowed from B. Obligation is only for 1M. 10
properties attached amount to 4M. What is your remedy
against the other properties attached?
• Ask for the quashal of the writ of attachment
against the other properties
• Partial quashal of the writ of attachment with
regard to the 8 properties
o If there is no allegation that there is fraud.
§ Motion to quash the WA because it was improvidently
issued
§ ALLIED BANK CASE
• There was an obligation which became due
and demandable. There was demand but
there was no payment. There was issuance of
WA. Defendant filed a MQ based on the fact
that the WA was improvidently issued. There
is no ground for issuance of WA because there
is no fraud. Mere failure to pay despite
demand is not equal to fraud.
o What if you want to have the property released?
§ Post a bond
§ LUZON DEVELOPMENT BANK CASE
• Property was attached. What was being
deposited was a RP. Can a RP be deposited
in order to release the said property from
attachment?
o “Amount equivalent to the bond”
o Deposit should be CASH
o X proper that RP as deposit
RULE 58 – INJUNCTION
- Can you file an original action for injunction?
o YES.
o If it is your main action.
o Purpose: To prevent the performance of an act
o BRILLANTES CASE
§ Prior to the 2010 election, the COMELEC headed by
Chairman Abalos made a press release that they will be
conducting their own canvass of the presidential
election. Brillantes went to the SC and filed an original
petition for Injunction with prayer for PI and TRO. During
the hearing of the petition for injunction, the basic
question was asked: What agency has power to conduct
the canvass of the results of the presidential and vice
26
 presidential election? The commissioner said that it is
the Congress which has the power to conduct the
canvass under the Constitution. TRO was issued
because the COMELEC does not have the power to
canvass.
• TRO issued by the SC – no period presecibed.
SC has discretion when to lift it
• RTC - 20d
• CA – 60d
§ GR: There is a hearing before issuance of the TRO
• E: If there is extreme urgency in a multi-sala
court
• Ex. TRO was prayed for to prevent the
hearing. Prayed that the executive judge issue
a TRO to prevent the issue from being moot
and academic before it get raffled to one of the
court salas.
• Lifetime of TRO issued by executive judge –
72 hours
o Within this period of time, it should
be raffled to a judge of a sala.
Immediately, there must be a
hearing. Within the 20d period
(including the first 3 days, so 17d) à
the court must decide on whether or
not an PI shall be issued.
• What if the court denies the issuance of the PI
within the period of 20d?
o It automatically dissolves the TRO
automatically
- 3 things to prove for the issuance of a PI
o Clear and existing right
o There is violation or there is a about to be a violation or there is a
continuing violation of his right
o Such violation will result in irreparable damage
- THUNDER SECUTIRTY CORP CASE
o There was a contract of services between NFA and thunder. The
contract expired. There was no renewal of said contract. So, there
was a negotiation for a new contract between NFA and a new
security agency. A petition for injunction was filed by Thunder
against NFA to stop said negotiation. If you were the judge will you
grant the petition for injunction or PI?
§ NO.
§ You cannot compel a person to enter into a contract with
you
§ The contract has already expired, hence Thunder no
longer has a right
- Will injunction issue in order to divest you of possession of property>
o IT DEPENDS on the nature or kind of injunction that you will ask
for
Dugs
o If Preliminary Prohibitory Injunction
§ X divest you of possession of property
o If Preliminary Mandatory injunction
§ ü divest you of possession of property
§ Ex. In FE case. You can avail of PMI in order to compel
the possessor of the property to give the property to the
lawful owner of the property
o But generally, it is not used to divest possession of property
REPLEVIN
- Ex. A is the owner of the property. B borrowed the property. B used the
property to secure his obligation through a pledge. A demanded the return of
the property but B could not give it back since it was in the possession of a
third person already. What is A’s remedy?
o Replevin
o The contract of pledge is not even valid because B is not the owner
of the property/ he was not authorized to issue the contract of
pledge
- Ex. Properties sold on installment basis. There is no payment of installments.
What is one of the remedies of the unpaid seller?
o File a replevin suit
o The sheriff will seize it but subject to a counter bound 2x the value
of the property
INTERPLEADER
- A has a property in my possession but I am not the owner. Several people
are claiming to be the owners of the property. What is the remedy of A?
o Action for interpleader
o Let them prove among themselves who the owner of the property
is
- RP VS SB CASE
o Amount of almost 1.3B in Singapore from the ill-gotten wealth of
Marcos. There were 6 claimants – the RP, PNB, Human Rights
victims, organization set up by Marcos, etc. Singapore Bank filed
an interpleader case to know to whom the money rightfully belongs
DECLARATORY RELIEF
- GR: Filed with the RTC
o E: CHAVEZ VS JBC
§ Went to the SC directly and filed the petiion for DR
because there was already a flagrant violation of the
Constitution. The members of the JBC should only be 7,
but during this time, there were 8 members. The
congress had 2 members in the JBC contending that
there were two chambers in the congress.
§ SC:
• There should only 1 be representative from the
congress
DEAN ALBANO REM 27
 • The purpose of the 2 chambers of the - VERGANO CASE
congress is for check and balance but there is o Judgment became F&E. Motion for execution. Records have not
no such need in the JBC been remanded to the RTC. Is this a reason to deny the motion for
• Issue was of transcendental importance execution?
• There was flagrant violation of the Consti § NO.
because they were already deliberating and § No need to remand the case to the lower court.
voting in the JBC § The remedy is mandamus or go to the AC. The AC will
• But the nominations were not avoided direct the issuance of the WE. No need to ask for
because of the operative facts doctrine mandamus because this will take longer. The easier way
o OBRECIDO CASE is to go to the court which rendered the final and
§ Filipino citizen who became an American citizen. Asked executory judgment so that it will direct the issuance of
if he can obtain a divorce against Filipino spouse since the WE.
he is already a US citizen. Petition for declaratory relief. - Mandamus will lie to compel the performance of a ministerial act
o It cannot compel a discretionary act \
- FUNDA CASE
64 - COMELEC, COA, CSC o Will mandamus issue to compel the military school to allow a cadet
- COMELEC and COA who committed a violation graduate?
o QJ function – 64 to SC § NO.
o Administrative – 65 to SC § There is no clear and existing right to graduate because
- CSC of the violate of the cadet.
o CA - CASE
o Will mandamus lie to compel the admission of a student to school?
RULE 65 - CPM § NO.
- 65 vs 45

45` 65 QUO WARRANTO

ISSUE Law Jurisdiction - Rule:
PERIOD 15d 60d o Appointive office
- Fresh 15 - Fresh 60d § Solgen or Public prosecutor
o Elective office
PARTIES Appellee – Appellant Sometimes, it is the
- TOPACIO CASE
judge
o A petition for QW was filed by Atty. Topacio against Justice Ong of
Continuation of original Independent proceeding
the SB. According to him, Justice Ong is not a natural born citizen
of the PH – he is a naturalized citizen. According to the law, SB
- They are remedies that are exclusive of one another. They are not
justice should be a natural born citizen.
cumulative. One is not an alternative of other other
§ SC:
- But the SC has sometimes the discretion to treat a 45 as a 65
• Since it is an appointive office – it should be
- AKLAN CASE
the SG or the public prosecutor who should
o The SC in one case treated 38 as 65
institute the case
- AZUCENA CO
• In this case, Atty. Topacio has no standing to
o The appeal from an IO was treated as a 65 by the SC
file the case
- Remedy from an ordinance or law that is being enforced that has not been
- FERNANDEZ CASE
published?
o Private person filed a petition for QW against Congressman saying
o File a petition for prohibition
that such congressman is not a natural-born citizen.
- Mandamus
o SC:
o Will mandamus lie to compel a WE?
§ QW should be filed with the HRET since it is the sole
§ YES.
judge of all ERQ
- GR: It should be filed within 1 year
o E: PRIVANDO CASE

Dugs DEAN ALBANO REM 28

 § The question on eligibility was filed beyond the 1- year - CASE
period because the evidence was not yet available. o Somebody donated a property to the City of Naga. There was a
condition that the donor should be the contractor. The city of Naga
PARTITION violated the condition since it did not get the donor as contractor.
- 2 stages: o SC:
o Determination of co-ownership § X immediately executory because there was a
o Determination of division supervening event - if you are going to eject the city of
naga from the premises, then what will happen to the
people in the City of Naga.
EXPROPRIATION
- 2 stages - May a squatter eject another squatter?
o Determination of authority and purpose o PAHUYO CASE
o Determination of JC § A squatter was trying to eject another squatter in smokey
- Dean Albano: It is IPE mountain.
§ SC:
• YES.
FE AND UD • This is a novel case
- Distinguished • The government did not even bother to
intervene. There is no intervention in summary
FE UD procedure.
Possession is unlawful from the Possession was inceptively lawful • Possession of the property affects the peace
beginning but became unlawful and order of community
1 year from the date of entry or if 1 year from date of last demand • How do you determine?
entry was with the use of stealth, o Who is in actual possession?
from the date of discovery § Plaintiff and defendant
ü need to allege prior physical No need to allege prior physical are both in actual
possession possession possession
o Since when have you been in
- May the court render a judgment on the issue of ownership in FE/UD? possession?
o YES. § Plaintiff – since time
o But such shall only be provisional determination on the issue of immemorial
determination § Defendant – only
o It is only intended to determine the degree of possession of the yesterday
property • Issue is not ownership, only possession
o X RJ • Plaintiff won
- SHOMEART CASE • ü UD
o UD was filed for non-payment of rentals and non-vacation of the
premises. Prayed for MD, unpaid rentals, electric bills, damages? CONTEMPT
o SC: - BILDNER CASE
§ X award the following damages – MD, damages, etc. o The woman was trying to compel her husband to come back to the
§ The only damages that shall be awarded is the amount conjugal dwelling. Filed a petition for HC filed by the wife. X HC.
of rental irrespective of the amount of said rental You cannot compel you husband or wife to live with you. The act of
- What if the decision of the MTC is in favor of the plaintiff? Is it immediately living together is a mere personal and voluntary act. Then after that
executory? came that book, the wife wrote “At the Edge of Heaven.” One of the
o YES. questions asked was “Was the SC a conspirator in trying to divide
o How do you prevent it? the family?” Is there contempt?
§ Appeal + supersedeas bond + deposit of current rentals § SC:
• YES.
• Because even if they are in the form of
questions, the wife was trying to impute

Dugs DEAN ALBANO REM 29

 corruption to the SC in deciding the case
against her.
- GONZALES CASE
o Gonzales was the Tanod Bayan in the 1973 Constitution. Because
of the 1987 constitutuion, his power was transferred to the
Ombudsman. He was now merely considered as a prosecutor
hence he can no longer conduct investigations. The problem is that
he still conducted investigation
o SC:
§ He can no longer conduct investigation because he is a
mere special prosecutor
§ Gonzales berated the judicial system. The language was
very harsh against the SC. “Only the rich can get justice
in this country”
• Gonzales was suspended indefinitely
• Cannot invoke freedom of expression
• There was clear and present danger
SETTLEMENT OF ESTATE
- Settlement of the estate comes after death
- Art 777 of the NCC
o Successional rights are transmitted from the moment of death
o Before death, said rights are merely inchoate
- Presumptive death
o There can be settlement of estate
o No need for declaration of presumptive death
- Judicial settlement estate
o Heirs cannot agree
- EJ settlement
o Heirs can agree
- Affidavit of Self-Adjudication
- Can you present evidence of heirship outside the probate proceedings?
o GR: NO, you have to present said evidence in the testate or
intestate proceedings
§ E: CASE
• There was an affidavit of self-adjudication by
the father. The children went to court to have
the affidavit of self-adjudication annulled. Can
they present evidence of heirship?
o YES.
o In this case, they needed to present
evidence that they are heirs
- What court has jurisdiction?
o MTC/RTC depending on the gross value of the estate – 300/400k
- TERNELLA CAE
o There was a petition for probate of a will. X allege the gross value
of the estate. Case was filed in the RTC.
o SC:
§ There must be an allegation of the gross value of the
estate
Dugs DEAN ALBANO REM
§ If it exceeds 300/400k = RTC
§ If it does not exceed 300/400 = MTC
- What is the venue?
o Ex. Suppose your father was born in the City of Manila. He lived in
the city of Manila up to his death. All his properties are located in
Manila. The heirs reside in Cebu. Can it be filed in Cebu?
§ HAW VS CA
• This is not a question of jurisdiction – this is a
question of venue
• GR: You have to file it in the place where the
decedent was residing at the time of death
o E: If there is objection, then it can be
filed in Cebu. It cannot be dismissed
based on improper venue since it
does not involve a question of
jurisdiction, merely venue.
o ESTATE OF SAN LUIS
§ Governor San Luis was born in Laguna. He became the
governor for consecutive 34 years. He died in office. At
the time of his death, he was a resident of Muntinlupa
(Ayala Alabang). The petition for settlement of estate
was filed in Makati since Makati had jurisdiction over
Muntinlupa before.
• GR: It should be filed in Makati
o E: If it is filed in Laguna without any
objections
- How do you settle it?
o If less than 10k = no need to appoint an administrator
o If you cannot agree – Judicial settlement
o If you can agree – EJ settlement
- Can you insist on an EJ settlement of an estate?
o Yes. If there is no objection
o A judicial settlement is a very tedious and expensive proceeding
INTESTATE PROCEEDING
- Intestate Estate of Juan Dela Cruz
- After filing of the same, the procedural requirements for the court to acquire
jurisdiction:
o Publication
- After the jurisdiction requirements have been complied it à it will be set for
hearing
- What will be the first round of battle?
o Appointment of administrator of the estate
§ The admin shall be obligated to preserve the properties
of the estate
o Preference in the appointment/designation of admin
§ Surviving spouse or the next of kin
30
 o SANTOS VS ANGELES
§ A and B married. They only had one child. They were
living separately from one another. A married another
woman (C). The second wife wanted to be the
administrator of the estate. The child said no, she should
be the administrator. How would you decide this? There
nd
is a conflict between the SS in the 2 marriage and the
st
descendant in the 1 marriage?
• If both of them are belonging to the same class
or things being equal, then determine who has
the GREATER INTEREST OVER THE
PROPERTY/ESTATE
• GREATER INTEREST RULE APPLIES
• Hence, it is the daughter in the first marriage
has greater interest.
o If there is conflict as to who the admin should be, the court shall
appoint a special administrator
§ No preference here.
§ Discretion of the court
§ Duties of a special admin:
• Same as that of the regular admin – you have
to take care and look after the properties
- After the appointment of the administrator à the administrator has to put up
a bond
- Next is publication in order to give notice to the prospective claimants against
the estate so that those who have a claim may now file a claim against the
estate
o STATUTE OF NON-CLAIMS - Not less than 6 but not more than
12
o Claims against the estate: Should be pure money claims
§ Ex. Contract between A and B for sum of money. B died.
There is now a settlement proceeding. Can A file a claim
against the estate?
• Yes.
• In relation to Rule 3 – death of a party
o Claims against the estate
§ Pure money claims
§ Expenses for last sickness
§ Expenses for funeral
§ The claim may be a mere contingent claim or a proven
claim
o Do not fil a claim against the estate if you want to recover a RP or
damages
§ SUPLICIO LINES CASE (JB CASE)
• There was an action for damages arising from
the fact that there was sinking of a vessel.
Filed an action for damages against sulpicio
lines. Can there be a claim against the estate?
o NO.
Dugs DEAN ALBANO REM
o ABSOLUTE MANAGEMENT CASE
§ Even if the claim if a mere contingent claim, it can be filed
as a claim against the estate
§ There are 2 proprietorships belonging to a certain Chua.
Mr. Chua borrowed from Joben in order to finance the
purchase of construction materials cause Joben is a rich
MTF. So a check was given to Chua wherein ABC is the
payee. Chua instructed Metrobank to deposit it with the
amount of the XYZ company instead of ABC company
(this is a violation of Banking Rules). Mr. Chua thereafter
died. Petition for settlement of estate. The obligation
became due and demandable. Demanded payment from
th
ABC corporation. There was a 4 party complaint against
the estate of Mr. Chua. Can this be done?
• NO.
• File it as a claim against the estate
• It is a contingent claim
rd th
• Do not file a 3 or 4 party complaint à file it
as a claim against the estate even if it is a
mere contingent claim
o Remedy if you do not file within the statute of non-claims?
§ File a motion for leave to file a claim against the estate
§ If you can convince the court that you have a justifiable
reason, the court will give you a period of 1 month to file
a claim
- After you have been appointed as the administrator, your first duty is to submit
an INVENTORY
o KAMAYA CASE
§ You cannot put the property in the inventory if it is in the
name of a third person
§ This shall be violative of the right to due process of law
§ Remedy:
• File an action for recovenyance
o Ex. During the lifetime of your father, he bought a property. He
registered it under the name of his daughter. Can the admin go to
court and file an action for recovery of the estate?
§ YES. If the admin can prove that it was not really donated
– that it was merely a trust
§ Go to regular court and ask the court to determine the
ownership of said property
§ The court shall then order the recovenyance of the
property à then it can be included in the inventory
o The inclusion in the inventory is merely provisional
- The admin cannot perform an act of ownership over the property without the
authority of the court
- Can it determine the nature of the contract and ownership of the property?
o GR: The probate court does not have jurisdiction because the
regular court has jurisdiction
§ E: If the parties would agree
31
 - Can the probate court determine the nature of the contract?
o It has to be determined by a court of general jurisdiction
o VIZCONDE CASE
§ There was a property of the parents of Mrs. Vizconde
located in Bulacan. It was sold to the spouses Teresita
Vizconde. Then that property was then sold again to
another person. Out of the proceeds of the sale of said
property, the property in BF homes was purchased.
Mother died. Father eventually died also. Petition for
settlement of estate of father of Mrs. Vizconde. Probate
court decided that the property was donated. Was the
court correct?
§ SC:
• NO. Court cannot determine the nature of
contract
• The proper remedy was for them to file a
petition for reconveyance in a regular court to
determine the true nature of the contract –
whether it is a donation or trust or sale
• The only exception is if the heirs agree
- Can the probate court determine the heirs?
o YES. The probate court can determine the heirs.
o LIM CASE
§ One heir showed up saying that he is the illegitimate
child.
§ SC:
• You have no right to intervene if you are not a
recognized illegitimate child
- After inventory, claims filed and paid, someone shows up saying that there is
a WILL!!!! SHET. WHAT WILL HAPPEN NOW?!
o Go to court and file a petition for probate of will because such will
shall not pass any rights to you unless the will has been probated
o The intestate proceeding shall be suspended
o After the will has been probated, file a petition for consolidation
of the case
o What will happen now to the administrator?
§ He will be set aside
§ The executor shall take over the duties of the admin
- If the will has been admitted to probate already, what will happen if there is a
pending forgery case
o The criminal case shall be dismissed based on the principle of RJ
o The admission of the will to probate is conclusive as to its due
execution and genuineness
- How do you establish the extrinsic validity of the will?
o Ex. Present a witnesses who testify as to the fact that he was
present during the signing of the will
- NEPOMUCENO CASE
o GR: Court cannot decide on the intrinsic validity of the will
§ E: If it is apparent that there is preterition, then the court
can decide on the intrinsic validity of the will
Dugs
• Why?
o Because preterition annuls the
institution of heirs
o This is to prevent further expenses
- Duties and functions of admin/executor of estate:
o Preservation of the estate
o Make payments
§ Motion for leave to sell property to pay the debts of the
estate
o Account for the proceeds of the sale
o SUMULONG ESTATE CASE
§ What was being sold was an immovable. They could not
justify the sale of immovable property when there were
still movable properties that could be sold. Judge was
asking why they cannot sell the movables first before the
immovable. Judge was asking why the motor vehicles
were not being sold instead of the immovable.
§ Argument: The proceeds of the sale of the immovable
will be used to purchase additional motor vehicles which
are needed to pursue the business of the estate.
• Judge: Granted!!!! HUWAW.
- After claims of the estate have been claimed à project of partition approved
à distribution of shares of the heirs à after all of these, the administrator
shall move for the proceedings to be closed
ESCHEAT PROCEEDING
th
- No heirs - No relative within the 5 civil degree of consanguinity
- Unclaimed balances act
o Bank account has not been the subject of withdrawal or deposit for
10 years
o OSG shall file an escheat proceeding
- Suppose there is already an escheat. There is now a judgment. The
properties are not delivered to the Republic. What if a relative appears after
judgment?
o The heir is given 5 years from judgment to claim against the estate
o He shall be given a part of the estate
- CASE
o There was a rich man living in Forbes Park. Only the rich man and
the house boy was left in the house. The rich man made a will
bequeathing the property in Forbes Park to the house boy. It was a
sealed envelope. Problem is that the property has already been
escheated. There was already judgment and delivery to the RP.
Several years after, the house boy finally opened the sealed
envelope. Can the house boy go to the court and have the will
probated after 10 years
§ Yes. Because the petition for probate of the will is
imprescriptible.
§ If the house boy proves the will, the property shall be
given to him.
DEAN ALBANO REM 32
HABEAS CORPUS
- Extent of protection:
o Liberty of a person
- If there is a person who is detained arbitrarily (if it is a PO) and unlawfully (if
it a private individual)
- The P. for HC does not need to be crime connected
- SEVERINA CASE
o If there is a controversy between the father and the mother of the
child… the mother does not allow the father to go to place of
residence to exercise parental authority
o ü petition for HC
- SANTOS CASE
o A and B are married. They left the child with the mother of A. The
grandmother refused to give back the child to the parents
o Remedy: Habeas Corpus
o When the HC was filed, there was an order of production à after
the production of the body of the child, the judge dismissed the
case.
§ THIS IS NOT CORRECT!
§ The judge still has to hear the petition for HC because
there is a need to present evidence who has better
custody
- RUBI CASE
o There was an ordinance which order the relocation of the
Mangyans. Some of the mangyans did not want to vacate hence
they were arrested and detained. They filed a petition for HC.
§ It was not crime connected but there was detention of the
Mangyans for refusal to vacate
§ ü HC
- VILLAVICENCIO VS LUKBAN
o Mayor Lukban arrested all the prostitutes and brought them to
Davao.
§ ü HC
§ They are not chattels. They cannot just be transferred
from one place to another without their consent
- NIDA BLANCA CASE
o There was a petition for HC because of the enforced
disappearance of the killers of Nida Blanca. The General
contended that he cannot produce the person because such
person was not under his custody.
§ X HC – if the return of the military or police would state
that such person is not under his custody
- BILDNER CASE
o Cannot compel your husband to live with you via HC
Dugs DEAN ALBANO REM
WRIT OF AMPARO
- Extent of protection:
o Life, liberty and security
- The writ of amparo is more extensive
- There are provisional remedies
o IO
o TPO
o WPO
o PO
- The aggrieved party does not have to go through the hierarchy of courts. You
can directly go to the SC
- CAMPOS VS DEL ROSARIO
o There was a property. You have been occupying the property.
Suddenly, somebody came that he is the owner of the property.
Refused to vacate. Unlawful detainer case filed. During the
pendency of the case, a group of armed man arrived threatening
the occupants. Filed a petition for writ of amparo.
o SC:
§ If it is a property related threat, X WA
§ Not a threat to life, liberty or security
- MANALO CASE
o On Valentines day, the Manalos were forcibly taken from their
homes. They were transferred from one place to another. They
were able to escape. They filed a petition for issuance of WA.
o Contention of military: They have already escaped from their
captors. What for is the WA?
o SC:
§ With more reason that there should be issuance of WA
for their protection
§ Especially so because their captors have already been
identified
- Criminal case and petition for WA will be consolidated
- Civil case and criminal case already à motion for WA
- If the criminal case was filed ahead of the petition for WA, mere motion for
WA in the criminal case shall suffice
WRIT OF HABEAS DATA
- GAMBOA CASE
o There was collection of data. During the time of PGMA, the
president wanted to dismantle this private armed group of
politicians. The PNP was directed to gather data of politicians who
were maintaining private armed groups. The police district in Ilocos
Norte gathered the data against Mayor Gamboa. It was reported to
the office of the president thru a committee. Because of the
gathering of said data, there was a petition for issuance of Writ of
Habeas Data.
o Is it the duty of the PNP to gather the data against these private
armed groups? Is it unlawful for the government to gather the data?
o SC:
33
 § Yes, it is the duty of the PNP to gather the data in order - To remove traces of alien lineage
to maintain peace and order in that locality - Continuously and habitually known by such name
§ Gathering of data was not unlawful
§ And such data was not being used unlawfully against
Mayor Gamboa
§ Said data is being used to prevent the private armed
groups from disturbing peace and order in the locality
- ST. THERESA’S COLLEGE SCHOOL
o Kids took pictures of themselves and posted it on facebook. The
friends printed the pictures and showed it to the nuns in the school.
They were not allowed to graduate.
o SC:
§ X violate right to privacy
§ X HD
§ The posting was not “for me only” – it was for friends

WRIT OF KALIKASAN
- DA: Feeling ko, lalabas ito.

CHANGE OF NAME
- If you want to change your name, go to the LCR
o Doctrine of primary jurisdiction
- Can you change your name again?
o NO.
o If you want to change it again, you have to go through adversarial
procedings
o There must be participation of the OSG
o There will be publication à trial à both parties will present their
evidence

CORRECTION OF ENTRY
- If mere clerical or innocuous entry à go to the LCR
o Doctrine of primary jurisdiction
- If substantial change à RTC
o Implead
o MAGPAYO CASE
§ Person contends that he is not a legitimate child since
his parents never married each other. He wants to have
the entry corrected to stated that his parents are not
married and that he is illegitimate. He also wanted to
change his surname to the surname of his mother.
• This should be filed with the court
• Substantial change
• There is a court proceeding à publication à
trial

GROUNDS FOR CHANGE OF NAME

- Ridiculous
- Extremely difficult to pronounce or spell

Dugs DEAN ALBANO REM 34

RULES ON EVIDENCE - MARTINES CASE
o Even if the witness is mentally retarded, he can still be qualified as
EVIDENCE a witness if he can perceive and can communicate his perception
- Evidence is the means that is sanctioned by the rules to ascertain the truth of - CHILD AS A WITNESS
the fact in issue o It depends upon the age of the child
o If the child is already capable of perceiving and communication his
RULE 34 - MOTION FOR JUDGMENT ON THE PLEADING perception = ü witness
- Because all the material allegations in the pleadings are admitted, hence no o Under the Child witness rule, there is a presumption that a child is
need for evidence or trial qualified to be a witness
o Ex. Child is a rape victim. She is only 5 years old.
EVIDENCE IS ADMISSIBLE IF IT IS o Protections afforded to a child:
- Relevant § Livelink TV
o All facts having rationale probative value are admissible § Assisted by a facilitator or guardian
o Logical relation to the fact in issue/allegation - RELATIVE AS A WITNESS
- Competent o The people who are interested in bringing justice to the deceased
o All facts having rationale probative value are admissible victim is the relative of the deceased
§ E: Unless exempted by these rules o They are qualified as witness
- BLIND WITNESS
SEARCHES AND SEIZURES o Blind witness may be qualified to be a witness
- GR: There was search without warrant. The evidence can be suppressed o He can perceive using his other senses such as hearing, smelling,
because such evidence is inadmissible for being fruits of the poisonous tree etc.
o E: o Ex. He heard the gunshots and shouts of the killers
§ If it was not obtained under intimidating circumstances
§ Spontaneous and voluntary statements CAN YOU TESTIFY AGAINST YOUR SPOUSE?
§ Plain view doctrine - Current event: Dean Bau case
o Can the wife testify as to matters communicated without the
SECRET RECORDING consent of the other spouse?
- Anti-wiretapping law violation § If you are the counsel for the wife – rely on the exception
o Cannot be used as evidence § If you are the counsel for Dean Bau – rely on the marital
privilege rule
VIOLATION OF RIGHT AGAINST SELF-INCRIMINATION - Marital privilege
- Excluded - Spousal immunity
- Because the evidence of conviction of the accused will come from the very - ALVAREZ CASE
lips of the accused o Husband poured gasoline and set on fire the house where the
woman was
CASE o The spouse was allowed to testify against the other spouse
- Bantay Bayan conducted investigation. Did not comply with Miranda doctrine. o The relationship was no longer a healthy relationship to the extent
Is the confession admissible? that they have been living separately from each other
o No. o There was no more marital harmony to preserve
o But is it still possible for said person to be convicted of the crime? o The relationship was already irretrievable
§ Yes.
§ If there are other evidence outside the inadmissible ATTY-CLIENT PRIVILEGE
evidence, he may still be convicted if his guilt is proven - Lawyer cannot testify as to matters that were said to him by his clients in the
beyond reasonable doubt. course of professional employment

DOCTOR-PATIENT PRIVILEGE RULE

WHO MAY BE A WITNESS?
- For as long as said person can perceive and is perceiving and can PENINENT-MINISTER RULE
communicate his perception, he can be a witness - If there is a penitential value = ü privileged
- Even a mentally retarded person can testify - If what is being committed is a crim = ü testify

Dugs DEAN ALBANO REM 35

WHO CANNOT TESTIFY? o Trustworthiness
- Matters of communication between H&W o Necessity
o E: if a crime was committed against the H/W by the other or the - It may come in different forms
latter’s direct descendants or ascendants o Oral
o E: Litigation between the spouses o Writing
o Through the wink of the eyes
RES INTER ALIOS ACTA o Nod of the head
- The right of a party cannot be prejudiced by an act, declaration or omission - PEOPLE VS LAZARO
of another o Stabbing incident resulted to the death of A. Before A died, B was
o Exceptions: able to talk to A. Asked A who killed him. Turned towards C. Can B
§ Admission by conspirator testify that there was a dying declaration?
§ Admisson by co-partner or agent § Yes.
§ Admission by privies - If not admissible as dying declaration, it may be admitted as part of res gestae
- ü need to die
HEARSAY EVIDENCE
- GR: X admissible RES GESTAE
- Even if you did not object to the hearsay evidence and even if it is admitted, - There is a startling occurrence
it shall still not be credible. Court has the discretion to give it weight or not. It - X need to die
still has no evidentiary value.

INDEPENDENTLY RELEVANT STATEMENTS DELA CRUZ CASE

- Only to prove that a person uttered certain statement but not to prove the truth - Man admitted in his autobiography that the woman is his lover and that the
of the matter testified about child is his. But before he could sign it, he died. The woman thereafter gave
- PEOPLE VS PEOPLE CASE birth to the child. The woman tried to have the child registered under the name
o Outburst of the woman = res gestae of the father who died. The LCR refused saying that the autobiography has
o Woman who heard the outburst of the woman = independently not been signed by the deceased. Filed a petition for mandamus to compel
relevant statement the LCR.
- 3 witnesses presented:
CIRCUMSTANCIAL EVIDENCE o Woman – testified that she
- The guilt of the accused may be proven through CE o House mate – testified that the woman and man were living
- GRACE POE CASE together as husband and wife
o CE presented proved that grace poe is a natural born citizen o Brother of deceased – testified also that they were living together
§ Foundling as husband and wife
§ Found in front of the church while she was still a baby - SC:
§ No international airport in the province of Iloilo at that o ü allowed by the SC
time o Autobiography – declaration of pedrigree
§ Statistics that almost 1M kids were born during that year o Declaration against interest
when Grace Poe was born – percentage of foreigners § If the SC did not allow the registration, then the child
being born at the time was only .18% would remain to be an illegitimate child
§ Features of Grace Poe – height, nose § It is a declaration against interest as far as the brother
and deceased are concerned
DYING DECLARATION
- Under the consciousness of an impending death BEST EVIDENCE RULE
- SM of the controversy should be the circumstances surrounding the death - If ever there is a contract between 2 parties and such contract has been put
- Hearsay but ü admissible into writing, the writing is considered as the complete repository of the terms
- Doctrine of completeness of Dying declaration and conditions of the agreement between the parties
o The dying declaration must be complete because the prson who is - If the contents of the document would be put in issue, the best evidence would
going to testify on behalf of the decedent is not allowed to continue be the original of the document
the statement of the deceased - If the original is not available, you have to lay the foundation
- Reasons:

Dugs DEAN ALBANO REM 36

 o Ex. A and B entered into a contract. There is now a suit between 2. Fails to express the true intent of the parties
them. You have to lay down the foundation in order that the - UY VS CA
secondary evidence may be accepted in court o Contract of sale with right to repurchase of the property located in
- How do you lay the foundation? GH. The total value of the property is 20M but it was sold for a very
o There must be a testimonial sponsor low price – 2.5M. The vendor a retro did not exercise the right to
o Present the secondary evidence and explain why you are repurchase. By the mere lapse of such period, the vendee a retro
presenting secondary evidence shall become the owner of the party by operation of law and he can
o Prove that the original document was indeed executed and existent no exercise his right to consolidate his ownership over the property.
Vendee a retro filed a petition for consolidation of ownership.
OFFER OF EVIDENCE Vendor a retro opposed.
- Make an offer of the document after the trial § ü EQUITABLE MORTGAGE
o Identify the document – Exhibit A § Lay the foundation - It is an equitable mortgage
o State the purpose for which it is being offered because the property was sold for a very low price. He
- Oral testimony only sold it because he needed money for elections in
o Offer it prior to his testimony the Congress.
o State the purpose for which it is being offered § Consideration is unusually inadequate = presumed to be
- When the ground for objection arises, that’s when you should raise the an EM
objection § It will amount to pactum commissorium if he is allowed to
- What if there’s no offer and you conducted a cross-examination? consolidate the title without foreclosure first
o This will cure the defect of lack of offer of the testimony because - Contemporaneous agreement
this is a mere procedural defect o To be admissible, the subject of the contemporaneous agreement
- On the basis of the evidence offered, the court will make findings of facts must be germane or interrelated to the document itself
- If the evidence is not offered, the court will not consider it for the purpose of o MCIAA VS LOZADA CASE
the rendition of the judgment § The property was being acquired for the purpose of
building the airport. The representative of the
LEADING QUESTIONS government assured Lozada that if the property will no
- The answers to the questions are already there in the questions longer be used as an airport, Lozada can buy back the
- GR: ü objectionable property. They did not put such agreement in writing. The
o E: property was not used as an airport. So, Lozada
§ Cross-examination exercised his right to repurchase. The government
§ Child witness representative refused stating that there was no written
§ Preliminary questions agreement as to that effect. The government invoked the
§ Feeble-minded witness statute of frauds.
§ If it is very difficult to obtain an answer from a particular • The contemporaneous agreement is relevant
witness and germane to the contents of the document
§ Witness is very old hence it can modify the terms and conditions
of the contract
MISLEADING QUESTION • You cannot get back the incremental value of
- There is an assumption of a fact that never occurred the property. You should be paid back with
interest.
CROSS-EXAMINATION
- Very wide latitude AUTHENTICATION OF EVIDENCE
- You can impeach the credibility of a witness - If you are presenting a private document, you have to authenticate it
- But sometimes, this is a double bladed instrument - If the document is a public document or ancient document, you do not have
to authenticate it
PAROLE EVIDENCE RULE o E: last will and testament
- Parole or extrinsic evidence is not allowed § Although a will is private in nature, it is a public document
- GR: You cannot change the terms and conditions of the document. because it is notarized
o E:
1. Intrinsic mistake, ambiguity

Dugs DEAN ALBANO REM 37

 - PEOPLE VS INOJAS
o Police officers were tracing a group of taxi drivers who were
committing crimes. One of the taxi drivers was being subjected to
surveillance. Apparently, one passenger rode the taxi and left his
cellphone. Used cellphone as evidence to show that the taxi drivers
belonged to the same group committing crimes.
§ But this has to be authenticated
§ The one who sent the message and received the
message must be properly authenticated
- How about telephone conversations?
o If you are familiar with the voice of the person on the phone

ADMISSIONS AND CONFESSIONS

- The admissions in the pleadings and trial are binding upon you
o How do you contract this?
§ Say that there was a palpable error or
§ There was no admission at all
- ESTRADA VS DESIERTO
o DOCTRINE OF ADOPTIVE ADMISSION
§ You did not controvert the facts said by the other party
and heeded to the advice of the other party
§ He resigned based on the advice given to him to leave
the presidency
- INTERLOCKING CONFESSION
o Although the confessions were given on different instances, if they
are interconnected and are of the same nature

RECANTATION
- Recantation is taken extrajudicially hence it is usually not considered by the
court because it may have been influenced by undue pressure or
consideration subject to the discretion of the court

CHILD WITNESS RULE

- A child is presumed to be qualified and competent as a witness
o E: Unless you can prove that the judge is not competent to be a
witness
§ BOP is upon the other party to contest the ability of the
child to perceive and convey his perception
§ VOIRE DIRE EXAMINATION
• Preliminary examination to determine the
competency of the child witness

Dugs DEAN ALBANO REM 38

ENVIRONMENTAL LAW RULES

CITIZEN’S SUIT
- OPOSA VS FACTORAN

WRIT OF KALIKASAN
- Entitled to the preservation of the environment
- There may be a petition for issuance of Writ of Kalikasan if someone is
violating your right
- Thereafter, the court may issue a writ of continuing mandamus in order to
compel an act or series of acts in order to protect the environment
- Magnitude of destruction extending to 2 or more cities or provinces
- CONDOMINIUM CASE
o It was the condominium corporation which filed the petition for
issuance of writ of Kalikasan.
§ Condo corp can represent the owners of the units of the
building in said suit

TAXI CASE
- LTO said no registration of taxi units which are more than 10 years old already
to prevent pollution
- Is this a legitimate exercise of the power of the government?
o YES. To protect the health of people
- Problem: There is now a petition for injunction + PMI + damages in order to
enforce the right to register the said taxi unit
o It is a legitimate exercise of the power of the government to prevent
pollution
o SLAPP – STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
o This is a SLAPP SUIT because the injunction and PMI is being
used to prevent the government from performing its lawful public
functions

GINA LOPEZ CASE

- Gina Lopez said that the mining companies are destroying the seas because
their waste is being thrown in the sea
- A PMI and injunction was issued against her
o This is a SLAPP suit

Dugs DEAN ALBANO REM 39

Dugs DEAN ALBANO REM 40