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Right-duty correlative
*the right-duty correlative gives rise to a COA e.g. if one has a right under a prestation provided by a contract, then it gets BREACHED (i.e. the duty was not performed), then the party whose right is breached has COA *a breach of duty can bring about several COA *What is a SECONDARY RIGHT? It is a right-duty correlative w/c exist whenever theres a breach of primary rights e.g. right to damages, reliefs -they are not all procedural (e.g. damages are not provided under ROC)
OVERVIEW of CIVPRO
preliminary things to consider JURISDICTIO OF COA (BP 129, Consti...) condition precedent
may ask for PROVISIONAL REMEDIES preliminary attachment, preliminary injunction, Receivership, Replevin, Support Pendente Lite
may ask for DISCOVERY PROCEDURES depositions, interrogatories to parties, admissions by adverse party, production/inspection of docs or things, physical and mental exam Pretial makes trial more efficient by setting issues and evidences, facts and admissions.... Trial the heart of procedure present all evidentiary facts, prove OF
REMEDY the whole procedure available to the right holder to defend right
RELIEF the AWARD granted by teh court for a breach/violation of a right-duty correlative
Judgment
Perfection of appeal may file MFR/MNT - if granted, TRIAL ULIT! or may APPEAL
2 types of remedy
1. ACTION: WON there is a breach of a right-duty correlative a. Criminal actions b. Civil Actions i. Ordinary ii. Special civil actions: modify some procedures of ordinary civil action PROCEEDING: WON status/fact exist all rights and obligations appertaining to status would be legally binding e.g. acknowledgment of legitimacy of child naturalization adoption guardianship
Execution of judgment may still file PETITION FOR RELIEF FROM JUDGMENT
SATISFACTION OF JUDGMENT
2.
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(corpo? Questions) Can a fully foreign-owned corporation produce cars in RP? NO. Art12.2 Can a corporation fully owned by foreigners BUT REGISTERED IN RP produce cars in RP? YES What about MRT (owned by foreigner, leased to RP)? *Pede to under transpo ehI forgot na why
? isnt ADR law meant to make ADR MANDATORY? NO. it gives parties autonomy. ? what if Ford, before entering lease agreement, wants to have an arbitration agreement? Make an
arbitration agreement CONTENTS: *Court w/c would have jurisdiction *# of arbitrators *(? )governing law: can one party insist that 1 law be followed?
?If can stipulate on what governing law should be, could a foreigner lawyer appear before RP arbiters
and practice NY Law here>
3. 4.
trial extrajudicial: part of contractual relations
judge (appointed)
?is it mandatory? NO
What if parties agree to a ENE b4 adjudication? Valid, forms part of contract Can it be different from initial contract? Yes Who chooses the evaluator? Law is silent *Sir wants to apply the rules on arbitration on the other forms of ADR 5. Mini trial: the merits of the case are argued before a panel comprising of SENIOR DECISION MAKERS, parties seek negotiated settlement 6. MED-ARB: involves both mediation and arbitration *Settlement vs. arbitration award -Settlement from negotiation, mediation; arbitration award from arbitration
final judgment
Arbitral award
TAGAL
FASTER
more involvement of parties, less conflict as what probably would come out is what they want
?mediation: should it be neutral? The law does not provide for procedure only for arbitration ?What is the default?
If no arbitration clause: may still undergo ADR (pretrial stage conducts ADR) If theres arbitration clause: arbitrate
may be appealed
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Sec108, LGC: subj matter of Amicable settlement GR: all disputes parties ACTUALLY RESIDING in same CITY/MUNICIPALITY X: 1. 1 party = govt/subd 2. 1 party = public officer/ee + dispute related to performance of official functions 3. Offense punishale by IMPRISONMENT > 1YR FINE > P5K 4. Offenses w/o private offended party (sino magpupunta brgy???) 5. Real property in different cities X: parties agree 6. Parties actually reside in brgys of DIFF CITIES/MUNICIPALITIES X: brgy units adjoin each other + parties agree 7. Disputes determined by the President In interest of justice OR upon recommendation by SOJ
DIFFERENCE IN ENFORCEMENT
Amicable settlement -lupon chair/municipal court -similar to a final and executory judgment -LGC
Mediated Settlement -CFI/RTC - deposit w/ RTC COC -summary hearing - action for enforcement -ADR Law
?what if the amount involved is P1.3M? where would the settlement be enforced? Still depends on where the settlement was made LGC or ADR law ?did the ADR Law (later law) repeal LGC provs? NO! (note here the conflict: in ADR law, conciliation is voluntary while in KP, conciliation is a condition precedent to filing an action) response to conflict: not all disputes are subject to KP (see above!)
-lawyers may be present in Katarungang Pambarangay Proceedings but cannot speak for the parties they may give advice to the parties it is not prohibited by LGC What happens if you put Arbitration proceedings? Go to KB? No, contract governs! 3|C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s
Source
process Enforcement
KB conciliation w/n6m: enforce before lupon after 6m: enforce by Motion (?) for execution before MTC
LGC ADR law Domestic Arb Arbitration If under KB: w/n6m: enforce before lupon after 6m: enforce by Motion (?) for execution before MTC If under ADR Law: DOMESTIC: Motion for confirmation INTL: -covered by NY convention Motion for recognition and enforcement -not covered by NY convention Follow ROC so motion for writ of execution? -if foreign judgment: Considered as foreing arbitral award If under CiAC: No need to confirm, just apply for execution If under KB: File petition to nullify arbitral award b4 MTC (based on FVI) If Domestic Arb law: Motion to vacate before RTC *Award procured through corruption, fraud *evident partiality
parties
Appealable?
No? but it has a force and effect of a final judgment of a court, so isnt it appealable?
Law silent
maybe
Grounds for MTD: Lack of Jurisdiction vs. No COA vs. Failure to state a COA vs. Condition precedent
Lack of Jurisdiction Jurisdiction is conferred by law. Law is created by the Legislature. So parties, and the courts cannot change it by agreement or waiver. -lack of jurisdiction over the res is a MTD ground that can be raised anytime, even after appeal No COA COA is an act or omission by w/c a party violates the right of another -theres a right-duty correlative involved, as compared to the other grounds Failure to state a COA There may be a COA, but the plaintiff failed to properly allege it in the pleading. UF that establish the right-duty correlative absent in the pleading Condition precedent Law mandates that an act/procedure should be complied first before filing of an action -there may be a COA and the court may have jurisdiction but the action cannot be taken cognizance yet since theres a step missing
Remedies against
Repudiation w/n10d after date of settlement sworn statement/affidavit filed before lupon chair lupon chair would issue certificate to file action (based on FVI)
Examples of Condition Precedents 1. KB should obtain certificate to file action 2. If contract provides for arbitration agreement 3. Exhaustion of administrative remedies 4. In Petition for CPM (R65), need to exhaust all remedies available first ?How to take disputes out of KB? Ask for provisional remedies
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ADR ulit
Mediation Domestic Institutional Rules governing Rules of the institution Ad hoc Agreement of parties regular Domestic Arb law RA 876 (parties can agree as to the procedure, but not to the law) Domestic Arbitration X: 1. Labor disputes under Labor Code 2. Civil Status of persons 3. Validity of marriage 4. Any ground for Legal Separation 5. Jurisdiction of courts 6. Future Legitime 7. Criminal liability 8. Accdg to Law, cannot be compromised (NCC: future support) 1. agreement of the parties 2. place convenient and appropriate in the Philippines 1. Parties then the arbitrators (if 3 arbitrators) 2. Courts when: a. parties unable to agree b. appointed arbitrator unwilling/unable to serve, no successor named c. party fails/refuses to name arbitrator d. arbitrators fail to appoint 3rd arbitrator e. agreement silent as to # of arbitrator f. arbitrator initially appointed by RTC declines/fails to duly accept the appointment English and Filipino Maybe. Law is silent but ADR law sabi oo Maybe. Law is silent but ADR law sabi oo Yup Construction CIAC law EO 1008 arbitration International UNCITRAL model law (parties may agree as to procedure that would be followed) Parties are international: -place of business outside RP -does not include domestic subsidiary of international party or a coventurer in a joint venture Commercial in nature Same exceptions
Scope
Venue
1. agreement of the parties 2. place convenient and appropriate in the Philippines CIAC and parties
1. agreement (person, institution) 2. National President of IBP 3. the court, if 2 appointed arbitrators unable to appoint 3rd arbitrator
Language Confidential?
Law is silent Yes Unless: 1. parties agree in authenticate record 2. available to public 3. threats 4. plan crimes 5. abuse, neglect, abandonment, exploitation
1. 2.
Agreement English
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Enforcement
Justifiable doubts on impartiality or independence 2. No qualifications as agreed upon by parties File Motion to confirm Arbitral Award then Enforced as a Final and executor judgment: so needs motion for WOE before RTC
1.
Impartiality?
Vacation
Law silent
Since ADR law silent, could probably agree on anything as long as not contrary to law 1. agreement to publish mediation proceedings 2. agreement to subject parties to institutional rules 3. appointment of mediators 4. number of mediators
*Award procured through corruption, fraud *evident partiality on the part of the arbs *corruption of arbitrator *arbs guilty of misconduct *disqualification of arb not made known *Arbs exceeded powers 1. agreement to subject dispute to other forms of ADR 2. number of arbs 3. method for naming arbitrators 4. procedure 5. time w/n w/c arbitral award should be made 6. venue for arbitration 7. language to be used
Insufficient info
Recognition and Enforcement filed w/RTC -covered by NY convention Motion for recognition and enforcement -not covered by NY convention Follow ROC so motion for writ of execution? -if foreign arbitral award: confirmed by foreign court: Recognized NOT AS A FOREIGN JUDGMENT (THEREFORE NOT APPEALABLE) but a FOREIGN ARBITRAL AWARD -if foreign arbitral award: confirmed by RP courts Enforced as final and executor award in RP (appealable) (note: sabi ADR law grounds for modifying or correcting award under Domestic Arb law) *evident miscalculation of figures *award not among reliefs prayed for *award imperfect in form
1. 2. 3. 4. 5.
6. 7. 8.
agreement to publish proceedings (for confidentiality) procedure to subject parties to institutional rules venue language to be used appoint court that would be competent to a. appoint 3rd arbiter b. decide on challenges on arbitrator c. decide on termination of mandate of arbitrator for impossibility to act d. decide on jurisdiction of arbitral tribunal e. vacate/set aside arbitral award # of arbitrators Procedure for appointing arbitrators Qualification of arbitrator
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***ooops! Recognition of arbitral awards are under Special proceedings! So NOT AN ACTIONnot sure if its a motion though
Jurisdiction
JAVIER VS. CA
The court would not take cognizance of a case under the exclusive original jurisdiction of an administrative agency vested by law (primary administrative jurisdiction)
BP 129
Original Jurisdiction SC CPMHQ 1. Certiorari 2. Prohibition 3. Mandamus 4. Habeas Corpus 5. Quo Warranto 6. actions affecting ambassadors, public ministers and consuls CA CPMHQA 1. Certiorari 2. Prohibition 3. Mandamus 4. Habeas Corpus 5. Quo Warranto 6. Auxiliary Writs WON in aid of its appellate jurisdiction Actions for annulment of RTC JFOR RTC CPMQHI 1. Certiorari 2. Prohibition 3. Mandamus 4. Habeas Corpus 5. Quo Warranto 6. Injunction effective w/n respective regions 7. actions affecting ambassadors and other public ministers and consuls 1. incapable of pecuniary estimation 2. title to or possession of real property or any interest therein ASSESSED VALUE MM: exceeds 50k Outside MM: exceeds20k 3. all actions involving contract of marriage and marital relations 4. all civil actions and special proceedings falling w/n the EOJ of a JDRC CAR 5.all actions not w/n exclusive jurisdiction of MTC Sorrycant issue writs!
1. Probate proceedings (gross estate value) 2. admiralty proceedings (demand) 3. all other actions (demand) MM: does not exceed 400k Outside MM: does not exceed 300k 4. title to or possession of real property or any interest therein (assessed value): does not exceed
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SANTIAGO and DAR VS. CUENCA) for orderly administration of justice (regardless if the
allegations are true or not) *Jurisdiction over the res = jurisdiction over the subject matter COA vs. Subject of the complaint: COA is the normative while the subject of the complaint is the thing over which the right-duty correlative occurs e.g. COA: right to peaceful possession of land which is breached subject matter: land *determination of COA: if theres a right-duty correlative breached
Special Jurisdiction
--
--
Appellate Jurisdiction
(by appeal or certiorari) 1. constitutionality or validity of a law 2. legality of a tax, impost.. 3. questions re: jurisdiction of lower courts 4. criminal cases where penalty RP + 5. error or questions of law ONLY
(petition for review) JDROA of -RTC -QJA *questions of fact and law
Family Courts 1. custody and guardianship of children 2. adoption 3. annulment of marriage 4. support 5. declaration of status of children as abandoned dependent neglected 6. constitution of family home Intracorporate disputes (petition for review) JDROA of MTC MTC MCTC In their respective territorial jurisdictions
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Parties (Rule 3)
R3.1 Who may be parties? 1. Natural Persons 2. Juridical Persons 3. Entities Authorized by Law (labor unions, UP, LGUs, Government agencies) Types of Parties 1. Real Parties in Interest 2. Representative parties a. Class suits (hybrid of joinder of COA and parties) b. Guardians c. Trustees d. Administrators e. Executors f. Parties authorized by law
COA
(Rule 2)
R2.1 every ordinary civil action should be based on a COA R2.2 COA defined: an act or omission by which a party violates the right of another R2.3. 1 suit for 1 COA di pede file marami suit for only 1 COA R2.4. Splitting of COA: if 1 COA, 2+ suits: Ground for dismissal if a. File of 1 action b. Judgment upon the merits in 1 action R2.5 Joinder of COA: 1 pleading, as many COA in the alternative or otherwise 9|C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s
Venue
(Rule 4)
Complaint
-pleading alleging the plaintiffs COA/s -states name and address of the parties
Pleadings
(Rule 6)
Pleadings -written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment 11 | C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s
i.
*note: the complaint should be served with the summons! So see summons
Prayer WHEREFORE, premises considered, it is most respectfully prayed that judgment be rendered in favor of the plaintiff (name of plaintiff) as follows: 1. PrayerReliefs sought to be obtained 2. Such other reliefs as that the Court deems just and equitable. (general prayer) (Place where pleading was made). Date. Name of counsel plus signature Roll of Atty # (shows that lawyer) PTR # + date and place (shows payment of tax) IBP # + date and place (shows good standing) MCLE compliance # (pero sa June pa) email ad and cellphone # (if before SC) Name of lawfirm/counsel Address of lawfirm /counsel Certificate Against Forum Shopping Republic of the Philippines) City of ________________) s.s. I, (name of plaintiff), after having been duly sworn in accordance with law, deposes and states that: 1. He/She is the plaintiff in the case entitled (title of the case); 2. He/She certifies that he has not commenced any action or filed any claim involving the same issues before any court, tribunal or quasi-judicial agency; 3. To the best of his/her knowledge, there is not such pending claim; 4. If he/she should learn that a similar action or claim has been filed or is pending, he shall report such fact within five (5) days from the discovery to this Honorable Court. (sgd) Name of plaintiff (jurat) Subscribed and sworn to before me this (date), affiant exhibiting to me his Community Tax Certificate No. (enter number) issue at (place where CTC issued) on (date when CTC issued). (sgd) Name of Notary Public Notary Public Until (date of validity) PTR no. (for tax purposes) Issued at (place where issued) 12 | C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s TO: (Name of Defendant) of (address) Plaintiffs name, Plaintiff Vs. Defendants name, Defendant x--------------------------------x
Civil Case No. now with number FOR: (characterization of the action)
Summons
You are hereby required to enter your appearances in the above-entitled case within fifteen (15) days after the service of this summons upon you, exclusive of such service, and to answer the complaint of the plaintiff which is hereto attached and herewith served upon you, within the time fixed by the rules of Court. If you fail to appear within the time aforesaid, the plaintiff will take judgment against you by default and demand from this Court the relief applied for in said complaint. Witness the Honorable (name of judge), Judge of this Court, this (date of issue). (sgd) Name of COC Clerk of Court
*signature of counsel needed, or else pleading would have no effect (Remedy: file MTD based on lack of jurisdiction over the subject matter) *CNFS required: or else treated as a mere scrap of paper (REMEDY: MTD: lack of jurisdiction over the subject matter) checklist as is! -CNFS always present in initiatory pleadings ? What if pleading failed to aver UF? MTD based on failure to state COA
Answer
contains the defenses of the defendant Kinds of defenses: 1. Negative Defense: specific denial of the material facts/s alleged in the pleading of the claimant essential to his COA (so specific denial of UF) 2. Affirmative Defense: allegation of new matters which, while hypothetically admitting the material allegations in the complaint, would nevertheless prevent or bar recovery by the claimant. Includes a. Fraud b. Illegality c. Release d. Payment e. Former recovery f. Discharge in bankruptcy g. Estoppels h. Statute of limitations i. Statute of frauds j. Any other matter by means of confession or avoidance So draft an answer!
5.
WHEREFORE, Defendant respectfully prays that judgment be rendered in his favor by dismissing the complaint. Other just and equitable reliefs are prayed for. Republic of the Philippines (court) (judicial region) Branch (#), (Location) Location. Date. (sgd) Counsel Roll # PTR #, date IBP Roll #, date MCLE compliance #, date Email and cellphone number
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Verification Republic of the Philippines) City of ________________) s.s. (name of defendant), after having been duly sworn in accordance with law, deposes and states that: 1. He is the defendant in the pleading/document entitled (title of pleading/document); 2. He has caused its preparation; 3. He has read it and the allegations therein are true and correct to his personal knowledge or based on authentic records. (sgd) affiant-defendant (then add jurat) Subscribed and sworn to before me this (date), affiant exhibiting to me his Community Tax Certificate No. (fill up), issued at (place where issued) on (date where issued). (sgd) Notary Publics name Notary Public Until (date of validity) PTR # ________ Issued at (place) On (date when issued) Doc No. Page No. Book No. Series of 2009.
Deposited in post office In a sealed envelope Plaintly addressed to the party or counsel at office or place of residence if known With postage fully prepaid Evidenced by registry receipt # With instructions to post master to return to sender after 10d if undelivered.
To the truth of the foregoing, I have signed this affidavit on (date when signed), in the city of (location), Philippines. (sgd) person who caused the service (jurat I dont know if this would still be included since meron na sa baba. Sa bagay, ibang CTC NO.) Subscribed and Sworn before me this (date), affiant exhibiting to me his Community Tax Certificate No. (specify) issued at (place) on (date). (sgd) Notary Public Notary Public Until PTR #________ Issued at _____ On _____ Doc No. Page No. Book No. Series of 2009. 14 | C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s
Defects in Answer, effects *Failure to specifically deny: deemed as an admission *failure to plead claims and defenses existent at that time: deemed waived *compulsory counterclaim not set up: barred *failure to take under oath (if actionable doc): Deemed as general denial, so deemed as admission Verification: checklist as enumerated above -should not contain: based on a. information and belief b. information, knowledge and belief -should confirm as true to ones personal knowledge! If you dont personally know it, then it is a belief. Or else deemed as an unsigned pleading: no legal effect What needs to be verified: 1. Answer to complaint or counterclaim assailing an actionable document 2. Petition for Depositions pending action 3. Petition for relief from JFOP (R38) 4. Petition for review: a. RTC to CA b. QJA to CA
Compulsory counterclaim
should be contained in the answer OR ELSE BARRED (if arises at time when answer should have been filed)
Permissive Counterclaim
may be set up as an independent action, NOT BARRED
7.
8.
Counterclaim
-any claim which a defending party may have against an opposing party COMPULSORY COUNTERCLAIM 1. Cognizable by regular courts of justice Both as to subject matter and amount involved If within RTC, complaint considered compulsory regardless of amount 2. Arises out of/ Connected w/ the transaction/occurrence constituting the subject matter of the opposing partys claim 3. Does not require for its adjudication the presence of 3rd parties over which the court cannot acquire jurisdiction 4. If filed in a separate action, the defense that would be used to defeat the claim would be the same (same evidence) logical relationship test (MELITON VS . CA ) *if the amount involved in the counterclaim is not w/n the jurisdiction of the court taking cognizance of the original complaint, it is not compulsory (R EYES VS. CA ) *If the claim is compulsory, it should be set up in the main action or else barred. The remedies for the plaintiff is MTD based on Litis pendentia (if main action still pending) or res judicata (if main action already ended). *If main action dismissed, compulsory counterclaim may either be a. claimed by the defendant in a separate action OR b. defendant may ask the court where main action was pending to resolve the counterclaim Compulsory counterclaim vs. permissive counterclaim
*can file as many COA in the counterclaim as there are, but subject to the rules on joinder of COA and joinder of parties REMEDIES for failure to raise counterclaim *If ground for Counterclaim or crossclaim arose after the SERVICE OF THE ANSWER: file motion for leave to file a supplemental pleading *if failed to setup counterclaim due to OIEN (oversight, inadvertence, excusable negligence): file motion for leave to file an amended complaint
Reply
-a pleading, the office of which is to deny or allege facts in denial or avoidance of the new matters raised as affirmative defense in the answer -IF NO REPLY: deemed controverted X: if answer assails an actionable document: should file a reply or else deemed admitted -if plaintiff has a new claim arising from the new matters alleged in the answer: file motion to amend or supplement complaint.
TPC
-claim that a defending party may have against a person NOT A PARTY to the action for CRISA (contribution, reimbursement, indemnity, subrogation, and any other relief) in respect to plaintiffs claim (derivative claim requirement) the derivative claim should be in respect to plaintiffs claim: should arise out of the same transaction on which the plaintiffs claim is based (B ALBASTRO VS . *if not CRISA, not TPC
CA)
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How present ORIGINAL COPIES, plainly indicated as such to COC -COC would endorse on the pleading a. Date b. Hour of filing Registered mail(not by ordinary mail) : date of mailing = date of filing *As shown in the post office stamp on the envelope *OR by the registry receipt kept by the party
REGISTERED mail
Time to plead
-when counting periods: exclude time from which period starts to run then include the date of performance of the act. -if last day falls on a Saturday, Sunday, or legal holiday at the place where court sits, time will not run until next working day (so in computing the period, use calendar day. Working day only relevant in determining last day) -interruptions: start to run period again from day after notice of cessation of interruption Examples of interruptions: *filing with KB *granted MBP 8filing of MTD *filing of MNT, MFR (even given new period!) Answer to complaint Answer of a FPJE, summons served on govt official Answer to amended complaint -as a matter of right -not as a matter of right Answer to counterclaim/crossclaim Answer to TPC w/n 15d w/n30d after SERVICE OF SUMMONS after receipt
Proof of Filing In the record, the copy of the pleading is included IF NOT IN THE RECORD: >written/stamped acknowledgement on copy of the same (which should be w/ the counsel) Registry Receipt AND AFFIDAVIT OF PERSON WHO DID THE MAILING Contains: *date *place where depositing post office *plainly addressed to the parties *with postage fully prepaid *with instructions to return to sender 10 if undelivered.
SERVICE
-act of providing a party w/ a copy of the pleading/paper concerned -made to counsel of the other party PRIMARY Modes of Service Of pleadings (documents from parties and interlocutory orders) 1. Personal 2. Mail Of JFOR (from the court, final) RENDITION! 1. Personal 2. Registered mail 3. Summoned by publication (unknown defendant, defendant does not reside and cannot be found in RP, defendant temporarily out of RP): serve also by publication SECONDARY MODE: Substituted service: send to COC Kind of service Personal service a. delivering personally a copy to the party or counsel b. leaving a copy in office (preferred) w/person having charge of office or in residence w/ person of sufficient age and discretion residing therein (NOTE: under service of summons, this is substituted service) Ordinary mail Completeness Actual delivery Proof 1. Written admission of party served (signature on copy) 2. Official Return of Server 3. Affidavit of party serving should contain: *date *place *manner of service
AFTER SERVICE from NOTICE admitting amendment from SERVICE of counterclaim after Service of summons After receipt if made on govt official, defendant is a FPJE Reply w/n10d From SERVICE of pleading responded to Answer to supplemental complaint w/n10d From NOTICE admitting supplement Answer to complaint in intervention w/n15d From NOTICE of order admitting the same *Service: completeness of service, not day when service was made
Service Of pleadings, judgments and other papers (not summons) Rule 13 FILING
-act of presenting the pleading, and other paper to COC -PROMULGATION: act of the judge of filing w/COC the signed decision
Upon expiration of
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Registered mail a. Deposited in post office b. In a sealed envelope c. Plaintly addressed to the party or counsel at office or place of residence if known d. With postage fully prepaid e. Evidenced by registry receipt # f. With instructions to post master to return to sender after 10d if undelivered.
1. affidavit of person who caused registered mail 2. written admission of party who received it (signature on copy) 3. registry receipt and registry return card
Supplemented complaint
New matters arised after service of pleading sought to be supplemented Merely adds to the pleading
Kinds
R13.11 Priorities in modes of service and filing(kaya may explanation part) 1st PERSONAL service/filing If other modes: should be w/ explanation why service not done personally if NO EXPLANATION: considered not filed
Summons
Definition: a coercive order issued by the court to obtain jurisdiction over the defendant WHO issues: COC Who serves: a. sheriff b. his deputy c. person authorized by the court
VENTURANZA VS. CA
Substituted service may only be resordted to after earnest efforts to serve personally have been exhausted. The presumption of regularity of the official acts of the sheriff would attach only when earnest efforts (the specific acts) have been exerted, as stated in the return, within reasonable time.
LAUS VS. CA
Reasonable time: depends on 1. facts constituting service 2. reasonable diligence 3. reasonable time elapsed A party may still file a MTD before filing an answer when the defendant was not properly served with summons, thus, still not under the jurisdiction of the court. Should file MTD by special appearance.
Juridical persons 1. DOMESTIC CORP (corporations, partnership, association organized under RP Laws)
2. FPJE
3. Public Corp
1. personal service on (6 persons only list exclusive): a. President b. GM c. Managing Partner d. Corporate Secretary e. Corporate Treasurer f. In house counsel - no substituted service! Personal service ON (successive) 1. resident agent designated in accordance w/law 2. government official designated by law 3. any of the officers or agents w/n RP RP: Solgen LGU: executive head, other officer/s as law or court may direct
Service by publication? Extraterritorial? But domestic nga eh so din a sha nonresident+not found in RP
Example of RETURN Republic of the Philippines (court) (judicial region) Branch #, Location Plaintiffs name, Plaintiff Vs. Defendants name, Defendant x----------------------x
Extraterritorial service
Hmmm
RETURN OF SUMMONS This is to certify that on (date when summons served), the undersigned caused the service of summons together with a copy of the complaint and its annexes upon the defendant (name of defendant) at (address where defendant was served).
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Motions
-an application for relief other than by pleading GR: should be in writing X: those made in open court Or in the course of the hearing/trial CONTENTS: 1. relief sought to be obtained 2. grounds upon w/c relief is based 3. accompanied by supporting affidavits if necessary Re: Hearing GR: need to notify other parties and conduct Hearing -3d notice rule! (except: MTD no notice required, just hearing) X: when hearing NOT REQUIRED 1. ex parte motion non litigated motions 2. motions which only needs arguments OMNIBUS MOTION RULE -when attacking a POJP (pleading, Order, Judgment, Proceedign) -should include ALL OBJECTIONS then available or else waived
19 | C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s
20 | C h a M e n d o z a _ C i v i l P r o c e d u r e _ O r d i n a r y C i v i l A c t i o n s