Notes

Jan 24
Characteristics of Jurisdiction
1. Cannot be compromised
2. No jurisdiction, proceedings are void
3. Question of jurisdiction may be question at any time, even on appeal
4. Reviewable by Appellate courts either by review or certiorari
5. The court can motu proprio may dismiss the case by lack of jurisdiction at any stage of the case
6. Omnibus motion rule: When a motion to dismiss is raised, all those objections should be
included and those not included are deemed waived except, among others, lack of jurisdiction

Jurisdiction of Courts
I. Municipal Courts
a. Real property: < 30K – 50K
b. Personal property: < 300K-400K
c. Claims: < 300K-400K, exclusive of fees that are not demanded
d. Delegated: Cadastral cases for land value less than 100K
e. Forcible entry and unlawful detainer, regardless of value (exception to the general rule)
II. RTC
 Original
a. If not specified: as courts of general jurisdiction
b. Maritime and Admiralty: > 300K-400K
c. Probate: > 300K-400K gross value of estate, as estimated and potential
d. Marriage and Marital Relations
e. Incapable of Pecuniary Estimation = cannot be monetized e.g. special civil actions
f. Juvenile and Domestic Case (now filed with the Family Courts), Agrarian
 Concurrent
a. With SC and CA: Extraordinary Writs when it is for any action emanating from the MTC,
difference is coverage where the RTC writ is only enforceable within the Region, while
the SC and CA writ is enforceable nationwide
b. Cases involving consuls and ambassador although immune from criminal prosecution
 Appellate
a. Decisions of the MTC
III. CA
 Exclusive original: annulment of judgement of the RTC
 Exclusive Appellate
a. Decisions of quasi-judicial agencies by way of Certiorari (43)
b. Decisions of RTC (44)
IV. CTA: all revenue cases
 Original: Tax Cases over P1,000,000
 Appellate:
a. Tax Cases less than P1,000,000
b. Decisions of Lower Courts and Quasi-judicial bodies
 V. SB: Forfeiture proceed
 Original: Forfeiture proceedings
 Appellate: decisions by the RTC
VI. SC
 Original Concurrent: Extraordinary remedies
o Subject to hierarchy of courts

*Writ v. Order:
Writ is an order, but not vice versa. Writ pertains to an order that commands a party or other courts, or
a person to do something, to give something, to refrain from doing something. Peremptory (?)
command. Order is an issue of the court that commands parties to do something pertaining to … of a
litigation. Order is used only in trial courts, Resolution in higher courts.

2 kinds of writs: Ministerial and Prerogative. Prerogative address the discretion of the court. Ministerial
is what you can demand as a matter of right.

2 kinds of orders: Interlocutory and Final. Interlocutory that pertains to incidental matters. Final orders
are orders that terminate the case.

*Proceedings v. Processes
Proceedings are the activities in court which are parts or stages in the litigation process in the
furtherance of the goal of the court in pursuing justice.
Processes are manners or methods that the court requires to implement the objectives of the
proceedings.

*Review v. Appeal
Review is a bigger term. Appeal is a review.
Review is where a superior court is asked to examine an issuance of a lower court if it is in accordance
with law or evidence.
Appeal is just a continuation of trial.

2 kinds of Appeals:
a. Appeal: no need for a new appearance since it is only a continuation
b. Special civil action of Certiorari: it is an independent action

*Relief v. Remedy
Remedy is anything you ask for, in any stage of the case.
Relief is what you ask your court for your client. Asked through prayer

*Only case where judicial decisions are reviewed by quasi-judicial bodies: COMELEC cases

Jan 29

Review: Procedure, Process, Proceeding

  Procedure: body of rules for the governance of litigation of cases; Only the SC can
prescribe rules on procedure; exception through legislation or substantive laws
 Proceedings: activities in court in which cases are filed, tried, and resolved. Including all
the processes thereof; Every segment of the trial proper
 Process: pertain to individual certain matters issued in the pursuance of the trial of the
case
Order vs. Writ
 Orders: commands pertaining to individual process
 Writs: pertains to any party or court to do, to no do, or to give
o Ministerial: obtained as a matter of right, e.g. writ of execution
o Prerogative: obtained as matter of judicial discretion,

Actions
 Proceeding in court whereby rights are established, obligations are determined, … are
prescribed, and corresponding remedies

Special Proceedings
 Where one seeks to establish a status, a right, or a fact

Taxonomy of Action
I. As to cause or foundation
a. Real Actions: Involves a real property or an interest therein; any action where the
subject is a real property. E.g. land or building
 Assessed value determines jurisdiction

b. Personal Actions: any action which is not a real action

 Amount determines jurisdiction

 Problem: When there is a combination of the two, the test is which is the main subject
and the incidental subject
o When the principal subject is the recovery of possession or ownership of an
action, and other actions are incidental, it is real action
o If the action is personal, and the involvement of other action are incidental, it is
personal
 For Jurisdictional purposes

II. As to object
a. In personam: filed against a defendant to determine personal liability to the plaintiff.
 Binding only to the parties
 As opposed to the other two, there is personal liability here

b. In rem: establishment of a status or a right or a fact which binds the whole world
because of its nature and circumstances
 Special kind of action because it binds the whole world
  E.g. actions in the Family Code, cadastral cases

c.Quasi in rem: neither of the other two, something in the middle

 A defendant is named but no claim of liability is raised against the defendant
 Involves the property of the defendant but subjects it to liabilities and encumbrances
 Consequence: It is not necessary for the court to acquire jurisdiction over the defendant
because the subject is the res
 It is required that the subject property must be acquired under custodial egis, by
issuance of writ of attachment or writ or garnishment
 E.g. where the defendant is not found in the Philippines; quieting of title, judicial
foreclosure of mortgage, partition,

III. As to place
a. Transitory
b. Local

Rule 2. Cause of Action

I. Definition: an act or omission by which a party violates a right of another
II. Elements
a. Right of plaintiff
b. Duty of defendant to respect such right
c. Act or omission by such defendant in violation of such right
 Damages is not an element of a cause of action e.g. Constitutionality, certiorari
III. Right of Action: arises when there is a cause of action
 Cause of action gives rise to Right of Action
 Cause is substantive, Right is procedural
 E.g. Docket fees
IV. One suit for single cause of action, Section 3
 One single cause of action - one suit
 However, such suit must include all remedies arising from such cause of action
 Violation of such rule is called a splitting a single cause of action (Section 4).
o This would be a ground for a dismissal of other suits
o Exception: Reservation of civil action from criminal action
 Joinder of action: joining of suit arising from the same transaction
V. Totality Rule, Section 5d
 Aggregate amount of the claims determined jurisdiction
 Applicable in claims for damages and claims for money

Rule 3. Parties to Civil Action

I. Who can be parties: Natural or Juridical Persons, or entities authorized by law (Section 1)
 The association may be sued in its name
II. Real Parties in interest: those that will be benefited or injured by the judgement in the suit
(Section 2)
 Kinds
 a. Indispensable: Parties without whom no final determination can be had of an action
b. Necessary: not indispensable but who ought to be joined for a complete determination
or settlement of the claim subject of action

Jan 31

Bar question: Who may appear in a civil action?

Answer: A real party in interest, those who stand to benefit or injured by the decision

I. Kinds of real party in interest

a. Indispensable party: without whom a final determination can be had of an action
 The absence of the indispensable is not a ground for dismissal. The proper remedy is to
order to implead the indispensable party. If such order is not followed, the court is
authorized to dismiss the complaint.

b. Necessary party: one who is not indispensable but who ought to be joined for the
complete relief is to be accorded as to those already parties, or for a complete
determination or settlement of the claim subject of the action
 If he is not impleaded, the pleader must state the name of such party and state why he
is omitted. If the unmeritorious, the court shall order the inclusion of the party.
 If there is failure to comply, this will be deemed as a waiver of the claim against such
party
 If non-inclusion is necessary, the court shall proceed with the action
 The necessary party not included in the action shall not be bound by the decision from
such.

 Situations
o Co-ownership
 Specific share: only the owner of the share must be impleaded; the co-
owners may join for the purpose to protect their rights
o Solidary obligation
 As defendants: at least one is indispensable; others are neither
necessary or indispensable
 As plaintiffs: all are indispensable because the obligation is indivisible
o Joint obligation: the other joint debtor is only necessary
o Forcible Entry
 Defendant: one in physical possession; thus the actual possessor is
indispensable; the one he succeeded is necessary in order to determine
the usurpation of property
o Judicial foreclosure of Real Estate Mortgage: when the mortgagor and owner is
different
 Mortgagor: Indispensable
 Owner: Necessary
II. Locus Standi
 Kinds of suit
o Public: questions the act of the State
o Private: other suits
 The petitioner of a public suit must have locus standi
 Definition: must have a personality to institute the action, personal and substantial
interest in the case, but not really direct; less than the requirements of a real party in
interest
 The Government may be sued if it consents or when acts on a level of normal person,
such as a contract (this amounts to a consent)
 They may named as defendant if tax is involved

III. Class Suit

 When there is a controversy is one of common or general interest to many person so
numerous that it is impracticable to join all as parties
 The representatives must have interest and must be sufficient in number

IV. Other parties

a. Alternative defendants: where the plaintiff is uncertain against who of several persons
he is entitled to relief, he may join any or all of them as defendants in the alternative
b. Unwilling co-plaintiff: named as defendant

V. Death of a Party
a. The counsel shall notify the court of such death.
b. When the claim is not extinguished, he shall present a substitute; the court shall order
the appearance of such substitute.
c. If the claim does not survive the death, it shall be dismissed. E.g. personal cases
d. In case of public officers, the successor has the discretion to take the reigns
e. In money claims
i. The death before the finality of judgement, it shall not be dismissed and allowed
to continue until entry of final judgement.
ii. If after the final judgement, the case shall be filed in the probate court and
enforced in the division of estate
f. Estate may be sued

VI. Non-joinder and Misjoinder

 Misjoinder: when the liabilities or rights of each party are not common and does not
arise from the same cause of action
 Not a ground for dismissal
 Parties may be dropped or added by order of the court on motion of any party or on its
own initiative at any stage of the action and on such terms as are just.
 Any claims against a misjoined party may be severed and proceeded separately

VII. Transfer of interest

 a. Proceed with original defendant
b. Substitution of transferee upon motion by plaintiff
c. Transferee as co-defendant

* Register of Deeds may not be sued because it is the book

Feb 6

Venue v. Jurisdiction
 Jurisdiction determines the level of court while venue determines the specific court of
that level
 Jurisdiction is not waivable, while venue is waivable
Rules on Venue:
 General Rule: Rule 4
 Exception: Exclusive Stipulation
 Exception to the Exception: Contracts of Adhesion
* Permissive stipulation shall be an additional option for the plaintiff

I. Depending on the action

a. Personal: at the election of the plaintiff
i. Where the plaintiff resides
ii. Where the defendant resides
b. Real: where it is situated
 Exception
i. Special Cases: e.g. expropriation
ii. Stipulation: Venue must be exclusively stipulated
o In contracts of adhesion: even if exclusively stipulated, it shall only be
permissive because it is against public policy

PLEADINGS
I. Answer
II. Defense
a. Negative: denial of fact
i. Direct Denial
ii. Indirect Denial: No direct personal knowledge of the truth or falsity of the
allegation
b. Positive: allegation of a new fact, while admitting the allegation of the other party, that
shall bar the recovery for such claim
III. Counterclaim
 Separate from the answer
a. Compulsory:
  arises out of or is connected with the transaction or occurrence constituting the subject
matter of the opposing party’s claim; arises from the same transaction as the cause of
action of the claim
 If it is before the RTC, it is not necessary that the court acquire jurisdiction. But if it is
before the MTC, it is necessary must be within the jurisdiction of MTC.
b. Permissive
 It is entirely different action as the claim. Since it is an independent action, it must be
treated as such. It does not arise from the same transaction as the cause of action of the
claim
 Purpose is to minimize the hearing of multiple cases. It is only possible because it
involves the same parties
IV. Crossclaim
 Any claim by one party against a co-party arising out of the transaction or occurrence
that is the subject matter either of the original action or of a counterclaim therein.
 It must be claim against a co-party, that is in relation to the claim against such co-
parties. So that in one case, there is a whole determination of all issues.
V. Third party claim
 A claim that a party has against a third person/non party
 Its nature is a claim by the party against third party arising from the cause of action of a
claim or counterclaim
 Summons of third party should be with leave of court
 The third party must be liable to the party for the contribution, indemnity, and
subrogation
VI. Reply
 A pleading that denies or allege facts in avoidance of new matters alleged by way of
defense in the answer
 In the main, it is useless. If none is filed, the new matters are deemed denied. If there is
no denial, it is deemed admitted.
o Exception: if the new matter is on an actionable document, a basis of a new
cause of action
* actionable document attached in an answer, it obliges the plaintiff to reply
under oath

* Authenticity vs. Due Execution

> Authenticity means genuineness. Due execution is that the party is qualified of representing the
interest of another party and due compliance of the technical requirements of the complaint.

PARTS OF A PLEADING
I. Caption
a. Name of the court
b. Name of the parties
c. Docket number
d. Nature of action/Title of the case
 i. Gives the court an idea of the relief sought by the party; however it is not
conclusive
II. Body: embodies the cause of action of the plaintiff
 Made to appear initially that the party has the capacity to sue and be sued; a real party
in interest
 If suing as a representative, must state the capacity of such representation and attach
such proof
 In case of conflict with title, it is the body that determines the proper relief
 It also determines the jurisdiction of the court
 The court will only consider what is alleged in the body
 The court cannot take cognizance of evidence not included in the body; it is treated as
irrelevant evidence
 Allegation shall only state ultimate facts, which are essential to constitute a cause of
action. The test is that if it does not exist, the cause of action does not exist. If it does, it
is mere surplusage.
 What should not be alleged:
i. Irrelevant matters
ii. Fraudulent allegations
III. Relief: what the plaintiff is asking the court
 For the court to know what you are asking for
 If under the evidence and the nature of the body, there is a relief which ought to be
given but was not asked for, the court may grant such relief if warranted by the
evidence.

Feb 12

Pleadings

I. Manner
a. Paragraph must be
i. Numbered
ii. One thought
iii. Must only state ultimate facts
1. Right, Act or Omission, Damage
b. Kinds of Facts or allegations
i. Ultimate facts
ii. Stipulated fact
iii. Conclusion of law: a conclusion based on an established fact
o When a pleading lacks the allegation of ultimate facts, it is a ground for
dismissal
c. Defense
i. Negative: denial of the facts; an issue of fact results
 ii. Affirmative: One that hypothetically admits the existence or correctness of the
allegation but nonetheless the allegation does not affect the interest of the
defendant; any allegation that defeats the sufficiency of the cause of action
d. Alternative causes of action or defense:
i. Action: if the plaintiff is unsure who between or among parties is or are liable to
satisfy his claim, he can implead all of them under separate cause of action,
which is call an alternative cause of action
o All of these must arise from one action
ii. Defense: statement of more than one defense
o All of these must be valid
e. Capacity
i. To sue
1. Direct: must be stated
2. As representative: proof must be attached
f. Condition precedent: general averment is enough
i. Katarungang pambarangay
ii. Earnest effort for an amicable resolution for family dispute
iii. Exhaustion of administrative remedies
g. Judgement: enough that is alleged; not necessary to attach or that court that judged has
jurisdiction; however, that must be presented in hearing
h. Actionable document: when a cause of action arises from such document, the original
must be attached to the pleading
o Denial must be under oath, as opposed to other causes, which are not required
to be under oath
o If it is not contested, the question of genuineness of the instrument is waived
o May be alleged under general averment
II. Effect of failure to plead
 The defendant must raise all the defenses available. Those that are not alleged are
deemed waived.
 Omnibus Motion Rule: if you file a motion, you must raise all the… available at the time.
All not raised are deemed waived except:
o Jurisdiction
o Lis Pendens: two action pending on the same issue, one must be dismissed
o Res Judicata: barred by previous judgement
o Statute of Limitations: prescription
 These may be raised at any time before judgment
 The court may motu proprio dismiss the motion if these grounds appear
on the face of the document
 May be raised for the first time for appeal subject to the doctrine of
estoppel and laches
 If a compulsory counter claim or cross claim is not raised, they are deemed waived
o Does not apply to permissive counterclaim because it is an independent claim
III. Default: failure to answer
 Period to file an answer: 15 days within receipt/service of summons
  Plaintiff may file for an order of default; the court may not give such order motu proprio
 Defendant must be given notice of such motion for default
 Defendant may still file an answer if there is no default; the court is mandated to accept
such answer
 Sitn: Defendant is clearly in default. Plaintiff files for default. Before order is given,
defendant files. Court must accept unless delay is intentional
 Court has discretion to accept the answer, provided it is filed before judgement. Reason:
Justice
 Effect of declaration of default: he loses his standing in court; he is not allowed anymore
to participate in the proceedings. But he may still appeal, but he may not participate in
the trial.
 An party in default is entitled to notice of such
 Notice: service to the adverse party of a claim
o Failure to claim registered mail after 5 days is deemed a service
 Mode of service
i. Personal service
 Courses of action of court after default
i. Immediately render judgement on the basis of complaint: the relief it can give is
limited to what is in the prayer
ii. Require the plaintiff to adduce evidence: the court may render relief by what is
allowed/proven by evidence; more advantageous for unliquidated damages
 Remedies available to defendant
i. Order of default: Motion to set aside order of default
ii. Judgement of default
1. Appeal
2. Motion for Reconsideration
3. Motion for New Trial
iii. Decision attains finality
1. Relief from judgement
2. Certiorari
3. Prohibition
4. Annulment of judgement
5. ????
 Default is not allowed
1. Marriage
2. Summary procedures
3. Small Claims
IV. Amendment
 Definition: to change the contents
 Kinds
i. Forms
1. Formal
 Not a very important part of the pleading
  Typographical or clerical matters that may be corrected by the court
without any motion
 Made in open court
2. Substantial
 On substantial matters; that count
 If there is no cause of action, it may be amended
 If error affects jurisdiction, it cannot be amended; dissenting opinion, if it
is a matter of right, it may be amended
ii. Procedure/How to be effected
1. As a matter of right
 Kind that a plaintiff may file before the submission of a responsive
pleading
 The plaintiff can change entirely the cause of action
 Not applicable if the court has no jurisdiction over the original complaint
 May only be availed of once; the second one will be treated as a
substantial amendment that would require leave of court
2. Discretionary or by will of court
 A need to file a motion for leave to amend, which is attached; cannot be
ex parte, thus defendant is entitled to notice
 Liberal application of rules on amendments, in favor of amendment
 Exception: The court will reject the motion if it is clear that there is
intent to delay the proceedings
iii. Amendment on form in general
 When there is an issue which is not raised in the pleading is the subject
of evidence without objection of any of the party
 Before judgement, the party who is favored by that evidence can file a
motion for amendment to conform to the evidence.
 The court can appreciate any evidence, which is not objected to,
may still be appreciated even if there has already been an
amendment
 Can be filed before judgement
 The unimpleaded issue will appear in the amended complaint
 If the evidence presents an issue/relief that is larger than what is wished
for, the court cannot appreciate such evidence. In short, the court may
not appreciate evidence that would appreciate the liability of the
defendant
 If it is not in the nature of relief, that may still be considered by
the court
 Effect
o The original is totally superseded by the amended complaint; any allegation not
reimpleaded are deemed as if they were not impleaded in the first place
 But admissions in the original complaint has the effect of extrajudicial
admission, thus, they may be introduced as evidence
*Due execution: 1) document has complied with all technical requisites as required by due process 2) in
relation to requirement of denial under oath of actionable document, any question on the capacity of the
signer of the document is waived; however, it may still be raised as evidence notwithstanding other the
defenses waived

Feb 14
I. Supplemental Pleading
 For any issues that matured after the submission of the original pleading
 May be in the nature of amendment or independent pleading
II. Responsive Pleading
a. When to file
i. Answer: 15 days from service of summons
ii. Answer to Reply: 10 days from receipt of answer
iii. Answer to amended complaint
1. If a matter of right: 15 days from the filing
2. Discretionary: 10 days
iv. Supplementary: within 10 days from order allowing to file
v. Others
III. Bill of Particulars
a. Purpose: If there are ambiguities or generalities in the complaint, the remedies come in
to play
b. Kinds
i. Motion for a more definite statement
o When an allegation is ambiguous, to ask a more specific or detailed statement
o The subject are generalities
ii. Bill of particulars
o When the allegation in the complaint can be understood only when there is an
enumeration of the intended statement
 Not a matter of right; the court shall decide if the statement is specific enough
 The proceedings are de parte, with leave and with hearing
o Hearing: not trial, only presentation of arguments
c. Effect
i. of refusal of order: the court shall strikeout such portion
ii. Allows the order: tolls the period for answer
iii. Rejects the order: answer must be filed within the balance of the period, but in
no case less than 5 days
d. When to avail: before answers are made since purpose is to enable the defendant to
answer properly
IV. Filing and Service
a. Definition: not interchangeable
i. Filing: act of presenting any paper to the Clerk of Court, to form part of the
records of the case
ii. Service: act of furnishing a copy of any paper to the other party
 b. How to file
i. Personal filing
 The Clerk shall stamp the date of receipt and the hour
 Rule of priority: filing must be personal unless there is a valid reason
 The time of service is the time of receipt
ii. By registered mail
 The time of mailing is the time of receipt
iii. Subsistuted service
 When personal service may not be availed
 Deposit it with the Clerk of Court together with mailing the last known
address of the party
 Deposit as the time of service
V. Summons
a. Definition: Issuance of the court, signed by the clerk, by the authority of the judge,
requiring the defendant to file and serve an answer within 15 days from receipt of such
order
b. Service
i. Who
1. Sherriff
2. Officer of the Court
3. Any suitable person
ii. How
1. Personal service
2. Tender of service ~ amounts to a personal service
 Effect of refusal of acceptance: the Sherriff can tender summons, by
making the defendant sign or, in the case of refusal, return to the court.
 Requisites
 Must exert efforts in serving the summons; the failure to serve
must be without the fault of the sheriff
 Must go to the workplace or residence
3. Substituted service
 If without the fault of the plaintiff or the serving officer and after
exerting earnest efforts, the sherriff must go to the residence or to
deliver there. If the defendant is not present, it may served to any
resident of that address. Alternatively, to his work place.
 Requisites for valid SS
a) Sherriff must exert efforts to serve the summons personally or
to his family;
b) If he serves it in the house, that house must be equivalent to
domicile or where he used to live.
c) In residence, Service upon a person of suitable age and
discretion living therein
d) In office, someone who is in charge or the clerk thereof
4. Publication
  Must be with leave of court
 If the defendant is a resident of the Philippines but temporarily in a
foreign country, and the action involves
 the status of the plaintiff, or
 it is of the nature of an action in rem or quasi in rem, then the
service through publication with leave court.
 Property is in the Philippines
 Or the interest therein
 Property of defendant is attached
 What is published is the summons
 May only be resorted to with leave of court
 The court shall determine the publication and the place
 Publication of general circulation of the country
5. Extraterritorial
 Requisites are the same as publication
 The defendant is not a resident nor found in the Philippines; or that he
is unknown and his whereabouts are unknown
 Modes: upon application in court
 Personal Service: sheriff will go abroad at the expense of the
plaintiff
 Publication: ordered by the court on which publication and how
many time
 Any means the court may determine as appropriate
6. For prisoners and minors
 Prisoners: upon officer
 Minor: upon himself and his guardian
7. Corporations
 Public Corporation: OSG
 Attached: OSG and Head
 LGU: Executive head
 Private Domestic: President, Treasurer, Corp Sec, In house counsel, any
other person authorized by board
 Foreign Corporation: Resident agent or government agent
 Unregistered Foreign Corporation
 Personal service to appropriate court in foreign country
 Publication and service by registered mail
 Facsimile
 Other means directed by the court

 Return
o Required on the sherriff
o Must narrate the events and exerted efforts of the service
o Must be submitted to the court and provide a copy to the plaintiff
  Avail for modes of discovery
 As much as possible, no motion to dismiss. Grounds as defense in trial
 In personam: one of the means by the court acquires jurisdiction over the person. The
other is voluntary appearance

Feb 19

Motions
I. Definition
 An application for relief other than by a pleading
 As opposed to pleading, it is not a initiatory action and may be filed at any stage of the
case
II. Kinds
a. Modes
i. Litigated
ii. Ex parte
b. Forms
i. Oral
ii. Written
III. Procedural Rules
a. Written
b. Notice of Hearing
i. Addressed to all parties/counsel
ii. It is the duty of the movant that the adverse party should receive the motion for
not less than 3 days before the date of hearing
iii. Time and date of the hearing which must not be later than 10 days after the
filing the motion
c. Proof of service: as provided in Rule 13
d. Omnibus Motion Rule: IF there is any grounds available at the time of the motion, all
must be raised. Those that are not raised shall be deemed waived. Except:
i. No jurisdiction over subject matter
ii. Lis Pendens
iii. Res Judicata
iv. Statute of Limitations
These are not deemed waived even if they are not raised.

Motion to Dismiss
I. When to file: GR before the filing of the answer. Exceptions
a. Lack of jurisdiction over the subject matter
b. Lis Pendens
c. Res Judicata
d. Prescription
II. Grounds
a. No jurisdiction over the person
o Effect: Without prejudice; may be refiled
o May be cured by acquiring proper acquisition of jurisdiction either through
service of summons or voluntary appearance
o Voluntary appearance: any motion that asks the court for relief
b. No Jurisdiction over the subject matter
o Based on: 1) allegation of the complaint and kind of relief; 2) law at the time
the action was instituted
o Application on the rules on Relief
 Allegations in the motion
 Prayer or Relief to be sought/what is proven: However it is only applied
if what is proven is lower that what is asked
o Effect: without prejudice
o Cured by: refiling with the proper court

c. Venue is improperly laid

d. No legal capacity to sue
o Legal Capacity: must have the right to sue
 Legal Age
 Sound Mind
 Real Party in Interest: the lack thereof means that the complaint does
not state a cause of action
o Questions the personality of the party
e. Lis Pendens
o Requisites
 Two actions pending
 Between two parties: substantial identity is enough – same interests
 For the same cause of action
 One of them becomes unnecessary
o Effect: The latter case is to be dismissed; Exception:
 If the second case is more inclusive
 If the first case is anticipatory
o Affidavit of Lis Pendens
f. Res Judicata or Prescription
o Once a matter is litigated, it cannot be relitigated
o Involves one final judgement, and one pending case; the latter cannot survive
because the first one is res judicata
o Requisites of Res Judicata/Barred by previous judgement
 Former judgement must be final
 Court had jurisdiction
 Judgement must be on merits
 Identity of parties, subject matter, and causes of action
o 2 kinds of (akin to) res judicata: not grounds to dismiss
  Law of the case/Jurisprudence
 Conclusiveness of judgement (part of the provision)
o Conclusiveness of Judgement
 Requisites: lacks similarity in action
 Involves what has been litigated, is an issue in the pending case
 Involves quasi-judicial proceedings
 Case is not dismissed
o Law of the Case
 Involves one case, but goes to two levels, i.e. trial and appeal
 E.g. Remanded by appelate court, he is bound by the decision of the
lower court
o To end the fixation on relitigation of issues
g. Pleading states no cause of action
o The 3 requisites are not present
o Effect: order of amendment or dismiss, but the former is more proper
o Remedy: amend
o Hypothetically admitted - If the circumstances/allegations spell out a conclusion
of fact/law, such fact is deemed hypothetically admitted even if it is not
expressly alleged
o As compared to plaintiff has no cause of action: the former is a ground to
dismiss, while the latter is an affirmative defense

h. Claim or demand has been extinguished

o By payment, waiver, abandoned or otherwise extinguished
o Laches is under abandonment
i. Unenforceable under statute of frauds
j. Condition precedent not met
o Barangay conciliation
o In family matter, earnest effort to reconcile
o Exhaustion of administrative remedies
III. Actions of the court
a. Grant
b. Dismiss
c. Order to amend the complaint
IV. Hearing of Motion
 Hearing: generic term – presentation of arguments
 Rule on motion apply

Feb 21
Dismissal of Action
I. Upon notice of Plaintiff
 Mere notice, thus merely confirmed by the court
 It is an exercise of a right of the plaintiff to withdraw the complaint
 II. Upon motion of Plaintiff
III. Due to fault of Plaintiff
a. Failure to Prosecute / Nolle Prosequi

Feb 26
Pre-trial
I. When Conducted: after the last pleading upon motion ex parte by the plaintiff
II. Notice of pre-trial: served on counsel, or on the party who has no counsel
III. Objectives:
a. Shorten the proceedings via court diversion methods, amicable settlements, limitation
of issues, etc.
b. Full disclosure of evidence by the submission of the pre-trial brief which contains all the
evidence of each party, so that when trial proper begins, each party knows the evidence
of the other side. This avoid surprises.
c. To simplify the proceedings and make it orderly
d. Definition of issues
IV. Appearance
a. Who
i. Parties and Counsel; or
ii. Representative expressly authorized in writing with authority to enter into
amicable settlement, to submit for alternative modes of dispute resolution, and
to enter into stipulations or admissions of facts and of documents
b. On the absence
i. Of plaintiff: the case shall be dismissed with prejudice, unless otherwise ordered
by the court
ii. Of defendant
1. the plaintiff may present evidence ex parte and the court to render
judgement on the basis thereof
2. The defendant is deemed to have waived his right to present evidence
c. Failure to conduct pre-trial
i. Requirement is mandatory but not jurisdictional
ii. If no one objects to the lack thereof, the proceedings are valid
V. Pre-trial brief
a. Must be submitted by counsels with the court at least 3 days before date of pre-trial
b. Failure to submit pretrial has the same effect of failure to appear in the pre-trial
c. Shall contain the following
i. Willingness to enter into amicable settlement or alternative modes of dispute
ii. Summary of admitted facts and proposed stipulation of facts
iii. Issues to be tried or resolved
iv. Document or exhibits to be presented
v. Intention to avail of the discover procedures
vi. Number and names of the witnesses
VI. Issues to be addressed in pre-trial proper
 a. The court determines the issues, but the parties suggest the issues
VII. Pre-trial order
a. Purpose: Defines and limits the issues to be tried and controls the subsequent course of
the action
b. Final output of pre-trial
c. Only issues defined in the order are the only issues that may be taken up in the trial
d. Matters contained therein:
i. Matters taken up in the conference
ii. Actions taken thereon
iii. Amendments allowed to the pleadings
iv. Agreements or admissions made by the parties
e. Mandatory
VIII. Amicable Settlement
a. Definition
b. Outcome
i. With amicable settlement:
1. submit the settlement to the court for review and approval
2. After approval, the court will render decision adopting the settlement
ii. Without amicable settlement: forward with pre-trial
c. Nature: a contract between the parties, therefore, binding between the parties
i. Failure of one party to comply: the aggrieved party may go to court to ask for
specific performance
d. Advantage of mediation: to do away with the long process of trial
e. Maybe entered into even after finality of judgement (Novation)
f. Exclusive prerogative of the parties. Only the parties or their counsel may sign the
settlement.
g. Cannot be subject of amicable settlement
i.
IX. Stages in the Pre-trial Procedure
a. Court Diversion
i. Court annexed mediation
1. Once a complaint is filed, raffle to the judge who will act on the case
2. After joinder of issues (three basic pleadings are already completed and
merged)¸the court will refer the case to Philippine Mediation Center
3. There is a mediator will be chosen from a list by the parties
a. Mediators are usually non-lawyers
4. Mediation is the proceeding taken before the mediator chose by the
parties who is tasked to initiate communication between the parties
and to take such measures as may be necessary to let the parties enter
an amicable settlement
5. The mediator is not a judge. His principal duty is to prepare an
atmosphere that will be conducive to … compromise
6. There are no records; and if there are, they are inadmissible in
evidence. It will only be used if there is an amicable settlement.
 ii. Judicial Dispute Resolution
1. If there is no amicable settlement, it will be raffled into a multi-sala
court. One will be the JDR, the other is the pairing judge who will finally
decide the case.
2. Role of judge is to discuss with the parties the merits of the case; to
show them the weaknesses and the strengths of the parties.
3. He is not a judge, but still a mediator. He is to dissuade the parties from
the burdensome process of trial
4. In case of single-sala courts, the judge will both be mediator and the
pairing judge in the case.
b. Pre-Trial
i. Preliminary conference
1. Mediation certification
2. The court may require a preliminary conference conducted by the Clerk
of court. Exception: Summary Procedure, where it is mandatory
3. The role of the Clerk is to push for an amicable settlement
4. If no amicable settlement, marking of exhibits
5. Identity and number of witnesses shall be presented. Court has
authority to reduce the number of witnesses.
6. If there are stipulations or agreements arrived at, the court will require
the parties and counsel to sign the minutes of the conference
ii. Pre-trial proper
1. The judge is chosen by raffle
2. Submission of judicial affidavits
3. Definition of issues, which are suggested in the pre-trial briefs but
chosen by the judge. Importance: Any evidence without relevance to the
issues are denied admission.
4. For the last time, the judge will initiate proceedings toward amicable
settlement
X. Witness rule
a. One-day witness rule: once a witness has started testifying, such testimony shall be
completed within the day. Although this may be waived, through failure to object.
b. Most important witness rule: the most important witness shall be the first witness to be
examined
_____________________________________________________________________________________

Modes of Discovery (23-28)

 Means provided where a party may secure information, admission from the other party
on matter which are relevant to a case pending action or pending appeal
 In pre-trial brief, agreement to the modes of discovery must be indicated.
 Singular to the objectives of court diversion; Intended to pry open the evidence so that
each party and the court would know the evidence of each party; force disclosure of
evidence, to shorten the litigation process
 Kinds:
 I. Deposition
a. Definition: taking of testimony of any person; like a an affidavit; a sworn statement
i. Affidavit v deposition: Affidavit may be used anywhere even outside court;
Deposition may only be used in court
ii. Taken out of court v In accordance with the rule: The former is no better than
affidavit, you cannot use it in court unless in connection with a witness; Latter
constitutes evidence under certain circumstances
b. Applicable to
i. To the parties: any party may get the deposition from his witness
ii. Potential witnesses
c. Forms
i. Pending action
ii. Before action: Perpetuation of testimony – deposition is basis of action; must be
used within reasonable time
iii. Pending appeal: when the appellate court requires additional evidence; filed
with the court of origin within the period to appeal
Pending action Before action Pending appeal
When to initiate When after the court Before action is filed During the period to
acquires jurisdiction appeal or when appeal
over defendant or the has already been filed
property
Whose deposition is to Party or witness Party or witness Witness only
be taken
How initiated Before answer with File a petition with the Leave of court; with
leave of court; After court of the place of court who rendered
answer without leave the residence of the decision
of court expected adverse party
Use of deposition 1. Use against any It may be used in the It may be used in the
party present at action which shall be action which shall be
the deposition or filed involving the same filed involving the same
who has notice subject matter subject matter
thereof
2. Impeach the
deponent as a
witness
3. For any purpose, if
witness is dead,
etc.
4. Any parties who
may introduce any
party of the
deposition, but the
other party may
require the party to
produce the entire
deposition
d. Application
i. Leave of court
1. With leave of court: before service of answer but after jurisdiction is
acquired over person or property subject of the action; during this time,
no answer may be filed
2. Without leave: after answer is served
ii. Choosing the officer
iii. Service of notice:
1. To the parties and deponents, including the officer
2. Must state the name and address of each person to be examined, name
and address of the officer, date and time of deposition, and the nature
of the intended deposition
3. Copy is furnished to the court
e. Before whom: must not be related within the 6th degree of relationship nor an
employee of one of the counsels, or the counsels themselves, or in any way the officer
has an interest in the case
i. In the country
1. Judge
2. Notary public
3. Authorized by stipulation
ii. Outside the country
1. Consular officials
2. Person appointed by commission or letters of rogatory
a. Commission: written authority of a domestic court authorizing
an officer abroad to take the deposition
b. Letter Rogatory: request by a domestic judge addressed to a
foreign judge requesting that he takes the deposition of a party
or witness
3. Person authorized to administer oaths by written stipulation
f. Method
i. Oral
1. After notice is served, the parties and the witness shall appear before
the officer at given place and time
2. The deponent is put under oath
3. The counsel for the plaintiff will ask questions/examine orally on the
person of the deponent.
4. The counsel for the defendant will cross-examine in the same manner.
He may opt to ask on written interrogatories. This will be asked by the
officer and the deponent will answer the same
5. Stenographically recorded
6. Objections shall be noted in the transcript, but officer has no authority
to rule on such objections
 7. After the rounds of examination, the examination will be terminated
8. The stenographer will transcribe the testimony of the deponent
9. The officer will let the deponent read the transcribed testimony and will
be asked whether he affirms the testimony
10. If it is not affirmed wholly or in part, the same will be noted and will
form part of the transcript
11. The officer will seal the transcribed testimony, put the title of the case,
name of the parties, docket number, and the name of the deponent,
and files the same in court
12. Both parties will be given copies of the transcribed testimonies
ii. Written:
1. Party desiring to take the deposition shall serve notice upon every other
party with a notice stating the deponent and the officer
2. Anything relevant can be asked
3. Upon receipt, the adverse party must file a verified answer
4. Cross-interrogatories, re-direct interrogatories, re-cross interrogatories
5. The interrogatories shall be submitted to the officer
6. The officer shall go to the witness and promptly take the his testimony
7. The written interrogatories need not be subscribe under oath. The
answer shall be subscribed under oath
8. Interrogatories and answers shall be compiled and submitted to the
court
Written Interrogatories Request for admission
How initiated The same as deposition After the issues have been
joined
Persons involved Only the parties Same
Subject of inquiry Any relevant and material fact Proof of any relevant fact set
forth in the request
Effect of failure to avail The party who fail to avail of The party who fails to avail this
this mode of discovery will not mode of discover shall not be
be allowed to present witness allowed to present evidence on
as adverse party the facts which are requested to
gain and which he knows or
ought to know

g. Use: Discretion of the one who requesting it, but may be compelled by the adverse
party to be submitted; must be used within a reasonable period
i. Contradict or impeaching the testimony of the deponent as witness, or the
party who secured the deposition
ii. For any purpose by the adverse party where the deponent is a party
iii. Evidence as testimonial evidence where the deponent is not available:
1. He is dead
2. In prison
3. Far away
4. Sick
 5. Any other reason to make him physically incapable of attending
These must be proven.
h. Failure to avail of the mode of discovery
i. The opposing party waive the right to present opposing evidence
II. Admission of Adverse party
a. Definition: to allow one party to request the adverse party to admit certain material and
relevant matters which will not be disputed during the trial; from one party to the other
b. Condition:
i. The party who is requested should know or ought to know the answer.
ii. The parties are required to avail
iii. The issues shall be relevant
c. Failure to avail
i. Unless on matters known or ought to be known by the parties, the party will not
be allowed to present evidence on that point.
d. Failure to answer: deemed to have answered in favor of the one asking the question
III. Production or inspection of documents or things
a. Definition: When one of the issues in a case pertains to a particular structure or
document in a person’s property or control, a party may ask the court to allow him to be
produced or to inspect such thing.
b. Must be with due observance of equity
IV. Mental or Physical examination
a. Used in case of defense, etc.
b. Failure to avail
i. Pleading may be stricken out
ii. Action may be dismissed
iii. Counsel may be penalized
iv. Defendant may be declared in default
v. Not allowed to present evidence
vi. Waiver

Trial
I. Examination and Cross Examination
II. Presentation of Evidence
a. Arrange by importance
b. Exclusionary Rules
i. Privilege communication
ii. Illegally seized
c. Presentation of a document
i. There must be a witness to identify and authenticate that document
ii. Authentication is important

March 5
Trial
 I. Persons present
a. Lawyer for the plaintiff
b. Lawyer for the defendant
c. Judge
d. Clerk of court
e. Stenographer
f. Interpreter
g. Bailiff
h. Audience
II. Entry of appearances
Terms
I. Evidence in chief: The evidence of one side; for the plaintiff, the evidence to prove the cause
of action; For the defenses, the evidence to prove defenses
II. Rebuttal evidence: that overthrows the other side
III. Direct examination: by the plaintiff, to prove cause of action
IV. Cross examination: by the defense to denigrate the evidence of the opposite side
V. Redirect examination: by the plaintiff, to repair the damage to the evidence or to respond to
the cross-examination
VI. Re-cross examination: by the defendant, to respond to the redirect examination
VII. Exhibits: documents to be presented; once offered and accepted, becomes evidence
VIII. Senses of the court
IX. Object evidence: tangible things
X. Incidental motions
a. Motion for extension of time to file answer
b. Motion for postponement
c. Motion to amend pleading
d. Motion to dismiss
e. Motion for leave to modify complaint
f. Motion for given particulars
g. Motion for leave to take a position
h. Demurrer
i. Motion for judgement on pleadings
j. Motion for summary judgement
k. Motion for new trial
l. Motion for reconsideration
m. Motion for execution
n. Motion for provisional remedies

March 7
Presentation of evidence
 Situation: A vs. B & C
1. B files:
a. an answer to the complaint of A
b. a counterclaim against A
 c. a crossclaim against C
2. C files:
a. An answer to the complaint of A
b. An answer to the crossclaim of B
c. A third-party complaint against D
 Order of Presentation
1. A presents:
a. Evidence in chief against B and C
2. B presents:
a. Rebuttal evidence against A
b. Evidence in chief against C
3. C presents:
a. Rebuttal evidence against A and B
b. Evidence in Chief against D
4. D presents:
a. Rebuttal evidence against C
o Evidence may be changed by judge or by stipulation
 Examination of Evidence:
1. Direct
2. Cross
3. Redirect
4. Re-cross
Demurrer
I. Ground: failure to present preponderance of evidence to prove claim
a. Prima Facie case: sufficiently presented preponderance enough to prove or rebut
allegation
b. Prima facie evidence: enough to prove a point or sustain a cause of action unless
controverted
c. Dismissal based on merits: not necessarily based on evidence; determined if dismissed
with or without prejudice

March 12, 2018

Trial
I. Rule on Judicial Affidavit
a. On Civil Cases: All direct testimonies should be in a judicial affidavit
b. Direct testimony: testimony of a witness presented by a person interested in his
testimony; opposite of cross-examination
c. Cross-examination: questioned by the other
d. All witnesses must have a judicial affidavit on his direct testimony; automatically cross-
examined; putting him on stand is only qualifying him
 e. Before a witness is presented, the counsel must explain: a) the nature of testimony
(salient features of the testimony) and b) purpose of testimony
i. If the purpose is not relevant, it shall not be allowed/may be objected to
f. Purpose: to facilitate the proceedings
g. Form:
i. May be in a dialect or language other than Filipino, but must have a translation
attached
II. Purpose of testimony
a. Prove a point on issue
b. All questions must be designed to prove the points/issue; relevant to the issue
III. Counsel
a. In both criminal and civil cases, a person may represent himself if he himself is the party.
But if the court believes that he cannot represent himself, the court would assign a
counsel
b. The trial is always in open court.
IV. Continuous Trial
a. The case is tried 3 times a week, and if necessary, morning and afternoon.
b. The examination will continue beyond the hours until the witness finishes his testimony
c. Extension for time to submit written offer of evidence is now prohibited; Must be made
orally in open court; Objections must be submitted right away
V. Period: from end of pretrial until judgement
a. Reglamentary Period: from service of notice upon the parties
VI. Motion for reopening of trial
a. Period: After resting the case and before render of judgement
b. Grounds: Justifiable and reasonable ground of failure to present
c. Effect: the court will allow presentation of additional evidence

Judgement
I. Definition: Ruling of the court rendered after trial
a. Final order: Terminates the case even without trial
b. Both of them terminates the case, the former based on evidence, the latter without
evidence
II. Rendition vs. Promulgation
a. Rendition is the filing by the judge, of a judgement written and signed by him, with the
clerk of court
b. Promulgation, in civil cases, is the act of the clerk of court in entering the judgement in
the book of judgement
III. Requisites for validity
a. Court must be clothed with authority to hear and determine the matter before it
b. Court must have jurisdiction
c. Parties must be given an opportunity to adduce evidence in their behalf
d. Evidence must have been considered by the tribunal in deciding the case
e. Judgement must be in writing, personal and directly prepared by the judge
f. Judgement must state clearly the facts and law upon which it is based
IV. Parts (Conventional)
a. Body: ratio decedendi; basis
i. Statement of the case: what the case is about; identifies the nature of the action
ii. Summary of Allegations and Defendant
iii. Issues of law and of fact
1. Facts: pertains to the conflict of evidence
2. Law
a. Law involved
b. Interpretation of law involved
c. Conclusion derived from a set of facts; application of evidence
iv. Findings of court
b. Fallo: parts of the decision that contains the reliefs granted and the liabilities of the
parties
V. Partial Judgements
a. Several
i. Definition: when judgement is rendered by a court against one or more
defendants, but not against all, leaving the action to proceed against the others;
several parties involved
ii. The liability of each party is clearly separable and distinct from that of his co-
parties; joint liability
b. Separate
i. Definition: there are several claims presented in a single action and a
judgement may be rendered for one or more claims without prejudice to the
remaining claims
VI. Judgement on Pleadings v Summary Judgement (P 500)
On Pleadings Summary Judgement
Ground No issue; failure to present There is no genuine issue;
issue in the answer or that only issue is the amount of
there is an admission of the judgement
material allegation
Motion Filed by claiming party Filed by either party
Basis of judgement Based on the pleadings Based on the pleadings,
alone affidavits, depositions, and
admissions
Notice 3 days prior hearing 10 days prior hearing
VII. Ratio Decidendi
a. The main reason of the court for giving that judgement (fallo/dispositive)
b. The ground in ordering the relief or liability
VIII. Obiter dictum
a. Collaterally related in the matter
b. Does not at all contribute to the sufficiency of the ratio decidendi
c. “Aside”
IX. Judgement nunc pro tunc (no for then)
a. An act or omission that was already done and already considered by the court, but for
one reason or another, was not entered in the decision, the court can render a
 judgement restating what was forgotten or not written. Such judgement is judgement
nunc pro tunc.
b. What was rewritten should not prejudice anyone because it has originally been
considered by the court
X. Stare Decisis
a. If the decision only affects the parties, and it does not in any way decide a new issue,
and therefore, it has no doctrinal significance. If the decision affects the nation, or the
decision establishes a new rule, with a doctrinal significance, that is a
jurisprudence/precedent. Only jurisprudence may be considered stare decisis.
b. Only decisions of the Supreme Court may be considered Stare Decisis. Exception:
Decision of the CA on first impression which has not been overturned by the Supreme
Court.
i. Decision of First Impression: it is a decision on something which is new based
on the facts of the case
c. Applies not only to the lower court, but also the court that rendered such decision.
Hence, the SC must follow the doctrines previously enunciated. Lower courts has no
jurisdiction. But when the SC believes that the doctrine has already lost its proper
application or there are supervening incidents that would make the old doctrine as an
acquistic or may cause injustice, the SC may abandon the doctrine and enunciate a new
one.
d. Consti: Doctrinal decisions by divisions may only be overturned by the en banc.
XI. Pro Hac Vice
a. A different application of the law only for the specific case for a very extraordinary
reason
b. Shall not be doctrinal/basis for future decisions
XII. Entry of Judgement
a. Filed by clerk of court, after the judgement it has been final and executory
b. Relevance: Generally, all remedies are stopped except

March 14

Conclusiveness of judgement vs. Barred by previous judgement

I. Conclusiveness of Judgement: contemplates a situation where a case goes to trial, and
during trial, an incident takes place, and order is issued, an appeal or any kind of review
mechanism has been availed, … of judgement by appellate court, and remands the same
case to the court of origin, that lower court is bound by the decision the appellate court
shall be bound by the decision of the earlier court.
a. Example: Motion to dismiss on the ground of improper venue. This motion is either
granted and the case is dismissed. If the final order is appealed to the higher court on
the ground that the resolution of the court stating that the court is not the proper court,
and the court above reverses the appealed decision or the final order of dismissal is
reversed, the higher court will remand the case for further disposition. The proceedings
shall continue in the court of origin. That court of origin is already bound by the decision
 of the appellate court, that the court has proper venue. The issue of venue is finally
resolved, thus, the court of origin cannot make a finding contrary to such decision. If the
decision of the court of origin is appealed to another higher court, that second higher
court is bound by the decision of the first court.
II. Barred by previous judgement involves 2 cases that are related to each other.
a. Example: when an action involves a parcel of agricultural land and one of the defenses is
tenancy, and therefore, the regular court do not have jurisdiction since the DARAB has
proper jurisdiction. The case is dismissed because the court is not the proper tribunal to
hear the case. Then, another case involves the same land, is instituted in the DARAB.
The defendant raise the defense that the complainant is a civil lessee. The issue of
relation between the parties has already been ruled in the first case.

Opinions
I. Kinds
a. Dissenting
b. Separate
i. Concurrence in the Result: Agree in the result but disagree in the
opinion/reason
ii. Separate concurring: Agrees with both reason and result, but with additional
reasons to support the decision
II. Definition
a. They are not decisions, and they cannot be precedent.

En Banc decisions
I. Review of the en banc, ground:
a. Receipt of the en banc
b. Desire of the en banc to review
II. Cases
a. Transcendental
b. Affects the nation
c. …
III. Decisions
a. Per curiam
i. In theory, authored by the 15 members
ii. usually for disbarment or removal of lawyer
b. Ordinary

Judgements
I. Doctrinal Significance
a. Decision must affect all
b. Decision is of first impression or groundbreaking decision
II. Immutability of Judgement
a. Definition: once decision becomes final, it cannot be amended nor be reviewed and the
only remaining process is the enforcement of the decision
 b. Rationale
i. A litigation has to be stopped at one point; it cannot be an ongoing process ad
infinitum
c. Exception
III. Final Order v Final Judgement
a. Final Order is not yet final; still reviewable
b. Final judgement is any judgement or final order that attained finality, or when it
becomes final and executory; no longer reviewable
IV. Final Judgement v Final and Executory Judgement
a. Not all final judgements are executory; the execution may be stayed such as the case in
partial judgements
V. Judgement on the merits
a. Reasoned judgements (citing the law), regardless of evidence
b. Includes final orders and resolution
VI. With Prejudice v. Without Prejudice Orders/Resolution
a. General rule, if there is no qualification in the order or resolution, it is deemed without
prejudice. The court must expressly state if with prejudice
b.

* Render for decision, issue for order and resolution

* Accused of (for RPC) or Charged with (Special Action)
*
Remedies against a Final Judgement:
I. Relief from Judgement (Rule 38)
a. When an action of the court is vitiated by fraud, accident, mistake, excusable negligence
or the appeal is denied for the same reasons, a petition for relief from judgement may
be filed within 60 days from notice of the judgement, provided that it is not beyond 6
months from the issuance of the order or resolution
II. Certiorari or Prohibition (Rule 65)
a. May be filed 60 days from notice of judgement; Note that there is only a 15-day
reglamentary period until finality
III. Annulment of Judgement (Rule 47)
IV. Declaration of Nullity (no supporting rules)

Motion for Reconsideration

I. Applicable to judgements and final order
II. Resolution of Court: within 30 days after submission for resolution
a. From notice: the party has notice; actual knowledge
b. From service: technical act of providing the notice
c. From submission of action
III. Requirement of affidavit of merit: proof of circumstances that would constitute the ground
IV. Not allowed in:
a. Summary Proceedings
b. Small claims cases
April 4

Motion for Reconsideration or New Trial

 Remedies against a judgement that are not yet final; may be filed only within 15 days from
service of judgement (period to appeal)

Motion for Reconsideration

I. Grounds
a. Excessive damages
b. Decision is contrary to the evidence and the law
c. The Court committed a mistake contrary to some provision of law and evidence
 Practically covers all kinds of error
II. Requirements: basis of the court whether to grant or deny the motion
a. Compliance affidavit: affidavit of a party or a witness establishing the ground for
reconsideration (Ground)
b. Merit Affidavit: One where the affiant points out to the court that the plaintiff has a
good cause of action or if the defendant has a valid and good defense (Merit)
 Not required if the contents of the same are already stated in the motion, and the
motion is verified.
III. Resolution: within 30 days from the time it is submitted for resolution (the only motion that
is given a timeline for resolution) Note: If there is no deadline, reasonable time
IV. Second motion for reconsideration
a. For judgement, not allowed
b. For interlocutory orders, allowed
c. For summary procedure, not allowed
d. For small claims, not allowed
V. Remedy for Denial
a. Appeal of the decision itself
b. Certiorari
VI. Granted
a. Decision is vacated/set aside and the court will render another decision
b. The court will require the submission of additional evidence before rendering a decision,
as it may deem proper

Motion for New Trial

I. Grounds
a. Fraud
b. Accident
c. Mistake
d. Excusable negligence
e. Newly discovered evidence: not available/secured during the trial without the fault or
even with due effort on the defendant, and it must be vital enough to overturn the
decision
 II. If granted
a. court will set aside the proceedings and conduct a trial de novo
b. The evidence from the previous proceedings may be considered
III. If denied
a. The denial is not appealable
b. The decision itself must be appealed; but the denial itself may be raised as an error in
the appeal of the decision

 Effect of withdrawal of both motions: the judgement becomes final and cannot be
appealed.
 Filing of either tolls the period to appeal
 Available in both Trial and appellate courts

Remedies against a final judgement (final decision)

I. Relief from judgement (38): within 60 days from notice of judgement and within 6 months
of entry of judgement
II. Certiorari (65): 60 days from notice of judgement
III. Annulment of judgement (47): within 4 years from the discovery of the ground
 These are such because of the period for the filing of the motion are beyond the
reglamentary period

Relief from judgement

I. Relief from judgement
a. Ground: When a party is prejudiced by the judgement of a court which resulted from
acts considered as fraudulent, accidental, mistake, or excusable negligence
II. Relief from denial of appeal
a. Ground: When a party is prejudiced from a denial of appeal which resulted from acts
considered as fraudulent, accidental, mistake, or excusable negligence
III. Barred by
a. Motion for New Trial
b. Motion for Reconsideration
c. When the grounds for the same motion are available but not availed
 Relief, NT and Reconsideration are exclusive of each other
IV. May only lie when
a. No appeal, motion for new trial or reconsideration, has been filed
V. Not available in the appellate court

Execution
I. Terms
a. Execution: process of enforcing a final judgement or a final final order/Final orders that
attain finality (General Rule);
However, not all judgements can be executed because in most special proceedings,
including dismissal of civil action in certiorari or declaratory relief, there is nothing to be
executed. These decisions are self-enforcing.
 There are also decision that has not yet attained finality but are immediately executory.
These are:
i. Interdictal cases (forcible entry, etc.)
ii. Accounting cases
iii. Receivership
iv. Interlocutory orders
1. Support pendente lite
2. Injunction
v. Decisions of quasi-judicial bodies that are appealable to the CA
b. Writ of execution: an order signed by the clerk of court for and on behalf of the judge,
directing the sheriff to enforce the final judgement of the court.
c. Enforcement of writ: Once the sheriff receives the write, he goes to the person of the
defendant. If it is a sum of money, he shall demand the payment of the same in the
period provided in the writ in cash or check
d. Return of service: After the enforcement, the sheriff shall make the return which states
that the judgement has been satisfied or the respondent or defendant refuses or fails to
comply to the order of the court.
e. Levy on execution: the property becomes under custodia legis; only the court may
decide how the property shall be handled
f. Garnishment: if the sheriff looks for the property of the defendant, and he finds no real
or personal property, but he learns of the deposit of the person in a bank, he goes to the
bank and issues a garnishment issued by the court to the bank. That will be subject to
custodia legis.
g. Terceria: When a sheriff in pursuance of his duty to enforce judgement, comes upon a
property which he believes to be owned by the defendant and tries to levy on the
property but somebody else claims to be the owner and objects to the same, that party
is required to execute an affidavit which state his right over the property. There will be a
proceeding over the issue. Proceeding where a third party claims to be the owner of
the property subject to the levy.
h. Motion for demolition: When there are improvements on the properties subject of the
execution, the sheriff shall not remove the improvements unless upon the application of
a motion for demolition to remove the same. These are ministerial.
II. Kinds of execution
a. Ministerial or execution as a matter of right: Within 5 years from entry of judgement;
The court will issue the writ ministerially; Definition of “as a matter of right”: the court
will issue the writ of execution but not in all cases
If not enforced within 5 years, the execution can still be attained by action (revival of
judgement), which shall be instituted not later than 10 years from final judgement.
b. Discretionary or execution pending appeal: when a court renders judgement and the
period of appeal is still intact, the prevailing party may ask for execution. This is
addressed to the discretion of the court.
III. Subject of execution
a. Final Judgements
b. Final Final Orders
 c. Provisional Support – only interlocutory order that is executory
IV. Requirements for Issuance of Writ
a. Motion of the party
b. Notice to the other party
V. When
a. Upon expiration of reglamentary period and no appeal is perfected
b. Effect of appeal: reglamentary period is stayed
c. Those that are not tolled by appeal/immediately executory
i. Injunction
ii. Receivership
iii. Accounting
iv. Support
v. Interdictal
vi. Discretionary: under special circumstances
vii. Summary
viii. Small Claims
VI. Stages from motion to satisfaction
a. Motion for execution by the prevailing party
b. Issuance of order by the Court directing the issuance of writ of execution
c. Issuance of writ of execution of the Clerk of Court
d. The sheriff enforces the writ
e. The sheriff must make a return of service
VII. Judgements that cannot be enforced: self executory
a. Declaratory relief
b. Declaration of legitimacy
VIII. Judgements that need a writ of execution
a. Claim of sum of money
b. Specific Performance includes delivery of real property
c. Replevin: delivery of personal property
d. Special Judgement: judgements other than a judgement for money, property, but
requires one of the parties to do something except the delivery of money or property
i. Example: registration of a deed of sale
IX. Discretionary Execution
a. Requisites
i. Filed by the prevailing party with notice to the adverse party
ii. There must be a hearing
iii. Filed with the court with proper jurisdiction
1. The trial court when it still in possession of either the original record or
the record on appeal; General rule is that the trial court loses jurisdiction
when the appeal is perfected. But as long as the court still has the
records, it may still act on the execution.
2. The appellate court, when the appeal is perfected and the records is
transmitted to the appellate court
  For the court to accept, it must still has jurisdiction. But it can still act while the records is
still with it. (?)
iv. There must be good reasons to justify
v. The good reasons must be stated in a special order
b. When: The period to perfect an appeal
c. Supersedeas bond
i. Effect: Stays the execution of discretionary execution
ii. Purpose: Surety; if the staying is improper, the bond shall answer for damages
of the oblige for the delay of execution
d. Effect of reversal of decision
i. Restitution or reparation of damages
X. Where to file
a. Court of origin
i. If the judgement became final and executory without appeal
ii. If the appealed judgement is affirmed, regardless of transmittal of record; if
there is no transmittal, certified copy of judgement must be attached
b. Appellate court
i. If the judgement is pending appeal and the record is transmitted to the
appellate court
XI. Effects of Appeal
a. If the decision is
i. affirmed: Execution by the court of origin
ii. reversed: Restitution by the court granting the execution
b. If the appeal is perfected, the execution of judgement is tolled/suspended (GR)
i. Exception: Execution pending appeal
XII. Quashal of Execution
a. Grounds
i. Writ varies from judgement
ii. Change in the situation of the parties making execution inequitable or unjust
iii. Property is exempt from execution
iv. Controversy has never been submitted to the judgement of the court
v. Terms of judgement are not clear enough and there remains room for
interpretation
vi. Improvidently issued
vii. Writ is defective, or issued against the wrong party, or the debt has been paid or
otherwise satisfied (even through settlement), or writ was issued without
authority
1. Judgement debt may be novated
XIII. Death of Parties where the decision is final
a. Death of Judgement Obligee: execution may issue upon application of his executor or
administrator, or successor in interest
b. Death of Judgement Obligor
i. Judgement for a sum of money or damages: against the estate of the obligor
1. If no levy: sheriff would levy upon any property of the obligor
 2. If after levy: sheriff would execute a sale
ii. Judgement for specific acts
1. For delivery of property incapable of delivery property: go to the
property with notice upon all parties, and declare that such party is
delivered, ie. Symbolic delivery and have it registered
2. After the levy: execute the sale on the property
XIV. Execution on Levy
a. Stages
i. Levy on the Property
ii. Notice and Publication of Public Auction
iii. Public Auction
iv. Issuance of certificate of sale by the Sheriff
XV. Execution of Claim of Sum of Money
a. Stages
i. Demand
ii. If it cannot pay or does not fully pay, levy by the sheriff on the property of the
debtor; no need for prior authorization to levy as it is part of the judgement
iii. Execute the levy
XVI. Execution for Specific performance
a. Stages
i. Compel the debtor to perform
ii. If not done, the court will order a third party to perform such act to be done at
the cost of the debtor
XVII. Failure of the obligor to comply
a. Payment: Levy
b. Performance: Performed at the cost of the obligor
c. Failure of the others: Contempt
i. Last resort since other remedies are available
ii. Not aplicable: cases of ejectment since the writ is addressed to the sheriff
XVIII. Garnishment
a. Subject: Choses of action – property that is neither real or personal such as credits
b. Procedure
i. Notice of garnishment to the third party holding the choses
ii. Report of the third party on the existence and sufficiency of the chose to the
court
iii. Delivery of the chose to the court; The Garnishee is required to yield the
garnished subject to the amount of the debt; The sheriff shall deliver a receipt
immediately
Note: Lawyer may receive payment without a prior authorization; However, he
has 24 hours to deliver the same
iv. If still insufficient, look for others
c. Form
i. Writ of Attachment
ii. Levy
XIX. Execution by motion or independent action
a. Execution by motion
i. When: within 5 years after entry of judgement
ii. Where: court of origin
b. Execution by independent action or Revival of judgement
i. When: after the lapse of 5 years after entry of judgement and within the 10
years
ii. Where: any court which has jurisdiction over the subject matter or over the
person of the parties
iii. Nature: It is independent from original action
iv. Barred by prescription
XX. Terceria
a. Ground: When a third party who is not a party to the action claims title or right of
possession over the levied property
b. Process
i. Affidavit by third person of his right or title
ii. Such affidavit is served upon the sheriff
iii. Sheriff may demand the obligee, upon approval of the court, to file bond
iv. Summary hearing of the claim of the third person by the court
XXI. Public Sale
a. Requirements
i. Valid judgement for debt
ii. Demand against the obligor
iii. Failure to pay the same
iv. Levy on the properties of the obligor
v. Notice to the parties and Publication
b. Selling Price
i. If less than the judgement debt, levy and sale of other properties
ii. If more than the judgement debt, accounted to the obligor
iii. If the obligee is the buyer, he shall not be required to pay the price if it is equal to
the judgement debt
c. Execution of Sale
i. Capable of delivery: Execution of sale and delivery upon payment
ii. Incapable of delivery: Execution of certificate of sale/conveyance upon payment
iii. Real property: Execution of certificate of sale and registration with the registry
of deeds upon payment
iv. No need for confirmation of certificate of sale
d. Redemption
i. Subject: Applicable only to real properties
ii. Who may redeem
1. Judgement Obligor or his successor in interest
2. Creditor having lien by virtue of an attachment, judgement, or mortgage
on the property sold, b) subsequent to the lien (after the original levy)
under which the property was sold. (Redemptioner)
 iii. Manner
1. Within 1 year for initial; 60days for subsequent
2. Payment of the purchase price of the purchaser
3. 1% monthly interest for initial + fees; 2% monthly interest of the
previous redemption price for subsequent
4. No priority among redemptioners
iv. After payment
1. Purchaser is entitled to possession, except if the property is held by a
third party adverse to the judgement debtor
2. If in the possession of a third party in good faith, obligor may be
ordered to reimburse the purchase price of the purchaser
v. Situation
1. Characters: x – J Obligor; Y – j Obligee; 1
2. Events
a. 1/1/17: Judgement against X in favor of Y
b. 2/1/17: Subject land levied upon execution
c. 4/1/17: Same land is attached in favor of B in connection with a
different case
d. 2/10/17: Subject land was mortgaged to A
e. 1/1/18: Land sold at a public auction
f. 2/1/18: Levy on the same land in connection with a different
case in favor of B
3. Notes
a. If a property is subject to a levy and subsequently mortgaged,
what is being mortgaged is the contingent interest of the owner
of the property; it is assumed that a contingent interest
remaining in the mortgaged property
b. If a property is previously levied by virtue of a lien, it may be
subsequently levied again
4. Questions:
a. Y is the judgement oblige
b. A and B are redemptioners
c. The rights of a prior lien are not affected by the proceeding of
the subsequent lien; Those who are affected
XXII. Satisfaction
a. Duty of the sheriff
i. Make a return on the writ of execution which must be signed by the obligee
1. The return is the report of the sheriff of the processes undertaken by
the sheriff to satisfy the execution
ii. Submit the return to the clerk of court
XXIII. Miscellaneous
a. Effect of Foreign judgement: in itself is not executory; There must be an action for the
recognition of the foreign judgement
Final Judgement vs. Final and Executory Judgement
 Not all final judgements are executory, as in the case of several judgements
* All orders that are issued after judgement is rendered are interlocutory

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
May 2, 2018

Appeal
I. In General
a. The Appelate stage is the second stage of the Full-blown trial
i. Rule 1-39, Rules on trial
ii. Rule 40 onwards, review stage
1. Review: A Superior court review a decision brought to it by an inferior
court, to determine whether the decision is based on the evidence and
in conformance with the law to the end that justice must be served, i.e.
not only the evidence and the law that would determine the proper
decision in the appellate court, but also to the service of cause of
justice. Justice is a term in moral philosophy, where it does not look into
the law alone but also in conformance with ethical rules, conducts of
fairness, etc.
b. Kinds of Review
i. Appeal
1. Ordinary Appeal (40-41)
2. Petition for Review (42-43)
3. Petition for Review on Certiorari (45)
ii. Ordinary Civil Actions
1. Annulment of Judgement (47)
iii. Special Civil Actions (65)
1. Certiorari
2. Prohibition
3. Mandamus
c. Appellate Jurisdiction on Appeal
i. No Judicial Concurrence; Only available in original actions
ii. Hierarchy of Courts is always observed – When one appeals a case from an
inferior court, it should be filed with the next upper level court. (MTC to RTC,
RTC to CA, etc.)
1. Exceptions:
a. Election Cases: Decisions by First-level courts (MTC and RTC)
shall be reviewable by COMELEC (Not the CA)
d. Terms
i. Verb used:
1. To take an appeal;
2. Institute and action;
3. File a notice of appeal;
 4. Appealing the decision to;
5. Taking an appeal from the decision of
6. Notice of appeal is denied/accepted due course
e. Philosophy of Appeal
i. First appeal: Matter of right; the court cannot make the discretion whether to
accept or not to accept the appeal, the court must decide on the appeal
ii. Second Appeal: “Second-level” appeal; matter of discretion on whether the
court may accept or not
f. Parties in an Appeal
i. Appellant: party taking an appeal
ii. Appellee: one who prevailed in the case; not entitled to any relief except for the
relief granted in the decision of the lower court
iii. Only parties in the case can be parties of the appeal; No party can appeal an
adverse decision at the time he has no interest in the decision, e.g. waiver
iv. Substitution is allowed
v. The prevailing party can also appeal, if he is not satisfied with the decision
(Appellant-appellee)
g. Characteristics
i. The entire case is reopened in the appellate court
ii. Appeal is not a constitution nor a natural right; it is merely a statutory right
1. Must conform to the requirements provided by law or rules; Non-
compliance as ground for dismissal of appeal
h. Payment of Docket Fee of Appeal
i. Paid with the clerk of court of origin
ii. Case Law
1. Case 1: Payment is mandatory (failure to comply ground as dismissal but
may be waived) and jurisdictional (failure to comply as nullity)
2. Case 2: Failure to pay is a ground to dismiss, but the dismissal is
optional; The Court can grant a grace period to pay the complete the
docket fee, provided that it is not beyond the reglamentary period
i. Issues to be taken up on appeal
i. Issues
1. Of Fact: if it is necessary to review the record of facts to resolve the
issue
2. Of Law: if the issue can be resolved without considering the facts
ii. Errors: Decides the mode of appeal
1. In jurisdiction: may be dismissed at any stage, by motion or motu
proprio; The appellate may still rule on errors of jurisdiction but it
belongs to a different mode
2. In judgement: if a court has acquired jurisdiction over the case, any
error that court may commit thereafter is an error in judgement; must
be resolved after considering the entire records of the proceeding; Only
power of appellate court is to review an error of judgement
 iii. Brief: In order that an appellate court can resolve an issue, it must be assigned
as an error in the brief or memorandum, and must be properly argued on
1. Assignment of Errors: Appellant must error all the errors committed by
the court, in order to support or justify the appeal
2. Arguments: Such errors must be argued upon; if it is not argued, the
court shall not touch it;
iv. In order that an issue may be raised in the AC, it must be an issue that appears
in the pre-trial order (Son v. Son)
1. Exception: An issue which have not been identified in the pre-trial order
but has been argued upon by both parties and decided upon by the
court
v. Issues the AC may resolve
1. Those expressly stated in the appeal brief
2. Those not so expressly stated, but are intimately connected with those
assigned (implied)
3. Those unassigned issues which are however necessary to protect the
rights of both parties in the case and to serve the cause of justice
j. Causes of action of the AC
i. Affirmance of the appealed decision
ii. Reversal of the appealed decision
iii. Modification of the appealed decision
iv. Remanding the case to the court of origin
1. Amendment of pleadings in the court of origin
v. Dismissal on account of several grounds (Denial is a wrong term)
k. What can be appealed: Judgements and Final Orders; Interlocutory orders and incidents
are not appealable
l. Cases:
i. Yulo(?) 764 SCRA 589: An issue not raised before judgement of the court but
was raised for the first time in a motion for reconsideration. Can the AC take
cognizance of the issue? Not allowed in the appellate because it was not raised
during the trial.
ii. Arnado(?) v Comelec 767 SCRA 168: Whether a party who filed a motion for
reconsideration of a decision, is allowed to appeal even before the resolution of
the MR, i.e. there is a pending MR when the appeal was filed. That is allowed
but by filing of the appeal, it amounted to withdrawal of MR.
iii. Fortune v CIR 761 SCRA 17: When an evidence offered is rejected, the offering
party may tender the excluded evidence. The rejected evidence would be in the
record. The appellate court may determine on appeal if the rejection was
proper. In this case, the offering party did not tender. On appeal, the rejection
was raised. Not allowed.
iv. Changing theories on appeal is not allowed
v. 775 SCRA 198: When the AC dismisses the appeal without prejudice, that same
decision is not appealable .
 vi. Diocese of Bacolod v Comelec: Only decisions of the COMELEC en banc are
appealable to the SC
vii. 261 SCRA 275: when the imposed penalty is reclusion perpetua or life
imprisonment, the supreme court has jurisdiction to resolve the appeal
1. Rule now is the CA would have the first crack in reviewing the decision
of the RTC. If the CA affirms, it may appealed to the SC as a matter of
right. It is an exception to the second appeal rule.
viii. Reyes v People 763 SCRA 226: Failure of the appellant to pay the docket fee
within the prescribed period warrants only discretionary dismissal of the appeal.
ix. Contra: Heirs of Garcis v Ima, Zambales, 703 SCRA 349: The nonpayment of
appellate court docket within the reglamentary period is both mandatory and
jurisdictional, fatal to the appeal and a ground to dismiss.

* Theory of the case: based on the evidence attendant; basis of the cause of action (?)
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
May 7, 2018

Rule 40
I. Modes
a. Notice of Appeal
b. Notice of Appeal and record on appeal
i. Special Proceedings
ii. Multiple and separate appeals
II. Period to appeal
a. Notice: 15 days from notice of judgement
b. Notice and Record: 30 days from notice of judgement
III. Procedure
a. Filing of a notice to court of origin
b. Service of copy to adverse party
c. Payment of fees
IV. Contents
a. Parties
b. Judgement or final order or part thereof to be appealed
c. Material dates showing timeliness of appeal
i. Material date rule: … that the appeal is seasonably filed
1. 15 days from notice of judgement or final order
2. 15 days from notice of denial for MR or NT
V. Action of the Appellate court
a. Denial in due course
i. Grounds
b. Acceptance in due course
VI. Perfection
a. Kinds
i. As to the appellant:
 1. Filing of notice in due time/Approval of record in due time
2. Service to the adverse party in due time
3. Payment of fees in due time
ii. As to the whole appeal:
1. Upon filing of appeal of the other parties
2. Upon expiration of period to appeal
b. Effect
i. Divest the court of origin of jurisdiction over the case
ii. Before the transmittal of the records, the court of origin may still (Residual
Powers of the court):
1. Issue orders for the protection of the rights of parties
2. Approve compromises
3. Permit appeals of indigent parties
4. Order execution pending appeal, when the same has been filed while
the court has jurisdiction
5. Allow withdrawal of appeal
Once the records are transmitted to the appellate court, the court of origin
may not anymore exercise the residual powers
VII. Procedure in the Appellate court
a. Notice of the receipt of records
b. Order to file memoranda
c. Appellant memoranda
i. Failure to file within 15 day of notice is a ground for dismissal of appeal
d. Appellee memoranda
i. Failure to file will render the appeal submitted for decision
e. Submitted for decision
i. After the filing of memoranda or the expiration of period to file the memoranda
f. Decision
i. Basis: Entire records and memoranda
g. Course of Action
i. Affirmance in favor of appellee
ii. Reversal in favor of appellant
iii. Remand to the court of origin
VIII. Section 8
a. MTC dismisses the case w/o trial due to lack of jurisdiction
i. Affirm
1. If it has jurisdiction, RTC shall try the case on the merits as if the case
was originally file with it
2. If it has no jurisdiction, dismiss as well
ii. Reversal: Remand to the court of origin
b. MTC tries the case w/o jurisdiction
i. RTC shall not dismiss the case if it has original jurisdiction thereof, but shall
decide the case according to Section 7, without prejudice to the admission of
amended pleadings and additional evidence in the interest of justice
 IX. Remedy from the RTC in its appellate jurisdiction: Rule 42

Appeal of the decisions of the RTC

I. Mode of Appeal
a. Original jurisdiction: Appeal (41)
b. Appellate jurisdiction: Petition for review (42)
II. Rule 42
a. How
i. Verified petition to CA
ii. Copy to RTC and adverse party
iii. Payment of docket fee to CA
b. Perfection
i. As to petitioner
1. Timely filing of petition
2. Payment of all fees
ii. As to the court
1. Upon expiration of period to appeal
c. Action of the CA
i. The court will examine the petition to determine whether it is sufficient in form
and in substance (Ratio: 2nd appeal is not a matter of right)
ii. It may
1. Dismiss on the ground of:
a. Filed beyond the period
b. Not sufficient in form and substance
c. Patently without merit
d. Prosecuted merely for delay
e. Questions raised are too unsubstantial
2. Require the respondent to file a comment
3. After examining the petition and the comment, give due course to the
petition when the CA finds prima facie that the lower court has
committed error of fact or law
a. Prima facie: sufficient evidence to favor merit
4. Set the case for oral argument
iii. Acquiring jurisdiction over respondent
1. Receipt of resolution to file comment
2. Resolution to give due course