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Class Notes for Finals Dean Leonen

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

file pleadings file complaint file answer

may ask for PROVISIONAL REMEDIES preliminary attachment, preliminary injunction, Receivership, Replevin, Support Pendente Lite

RELIEF vs. REMEDY

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

try to convince parties to enter amicable settlement

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

after perfection of 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

no appeal taken, no MFR/MNT

or JUDGMENT FINAL and EXECUTORY

Execution of judgment may still file PETITION FOR RELIEF FROM JUDGMENT

SATISFACTION OF JUDGMENT

2.

Alternative Dispute Settlement


? E.g. Ford Motors entered in a lease agreement w/ RP for 5yrs. But Ford only wants to stay for 4yrs. Are
the parties required to undergo ADR? Under KATARUNGANG PAMBARANGAY: NO. 1 of the parties is a Govt subdivision Under ADR LAW? If theres an arbitration agreement in the Lease agreement providing for such, yes

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Class Notes for Finals Dean Leonen


*where arbitration would be conducted -usually apply law where the arbitration occurs -depends on the bargaining strength of another party

(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

Know how to craft ARBITRATION CLAUSE: Study ADR laws

? T or F: it is now possible that all disputes may be subject to ADR?


*katarungang pambarangay applies only to NATURAL PERSONS, does not apply to government subdivisions and institutions so di applicable in this case FALSE. There are disputes that cannot be subject to ADR: Under ADR law, the ff are not subject to ADR: L3 S2 MJC 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

? 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>

? What are the procedures for ADR?


1. 2. Arbitration: voluntary dispute resolution process wherein, in accordance w/ agreement of parties, the dispute is resolved by rendering an AWARD Mediation: voluntary process in which a mediator, selected by the disputing parties, facilitates communicationand assist the parties in reaching a voluntary agreement re: dispute Conciliation Early neutral evaluation: parties and lawyers are brought together early in pretrial phase to present summaries of their cases and receive a nonbinding assessment by an experienced neutral person w/ expertise in the subject matter of dispute *status of agreement to submit to ENE: contractual and consensual

Arbitration vs. Adjudication


Adjudication Arbitration

3. 4.
trial extrajudicial: part of contractual relations

judge (appointed)

arbitrators (may be chosen)

?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

ADVERSARIAL: parties hold on to position even if its wrong

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

attack on arb award is limited by the grounds specified by law

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Class Notes for Finals Dean Leonen


-this would include agreement as to the law applicable, court that would have jurisdiction, the arbitrators What if no agreement as to who is going to be the ARBITRATOR? Default: parties agree If none: 1. The institution: if institutional arbitration 2. If ADHOC: IBP president appoints 3. If under UNCITRAL MODEL LAW: appointed court may choose Pangkat still conciliation proceedings The assumption is that when the chair cant do it, 3 persons may be able to do it! (Fallacy daw sabi ni sir!) END: Amicable settlement a special kind of contract arising from the settlement -Enforcement: apply for a writ of execution (it has a nature of a final judgment) w/n 6m: before lupon after 6m: Municipal court IF NO AGREEMENT: lupon chair issues a CERTIFICATE TO FILE ACTION -certificate to file action attached to the complain REMEDY for assailing AMICABLE SETTLEMENT: REPUDIATION OF THE SETTLEMENT w/n10d after the date of settlement -grounds: FVI -how: sworn statement/affidavit filed w/ lupon chair -condition precedent: w/o it, action could be dismissed CAN MEDIATION BE COMPULSORY? *Mediation is compulsory in KB parties should undergo KB or else action could be dismissed (condition precedent) BUT GR: mediation is not compulsory (ADR Law: voluntary process nga eh) MEDIATION vs. ARBITRATION vs. CONTRACT Mediation: Mediated settlement (ADR Law) Arbitration: Arbitrational Award (ADR Law, Domestic Arb Law) KB: Amicable Settlement (LGC) Contract: parties themselves entered it

?What happens in ENE and Minitrial? What law would apply?


The parties may determine consequences when there is a dispute provide proviso as there is no governing rule if no proviso, badly crafted, NULL & VOID? NO. courts would interpret it (*parties intended to undergo ADR, Malabo lang pagkacraft) -In ENE & MT, lawyers have opportunity to craft the rules that would govern MEDIATION, Katarungang pambarangay GR: all civil cases must undergo katarungang pambarangay X: parties agree in writing that jurisdiction of dispute is not under katarungang pambarangay? when party requests for provisional remedies KATARUNGANG PAMBARANGAY: -When undergo: basically all civil cases X: seven exceptions

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

Okay notes for clarificationSUMMARY


Result Amicable Arbitral Award Mediated Contract

Class Notes for Finals Dean Leonen


settlement LGC Settlement ADR Law on the part of the arbs *arbs guilty of misconduct *Arbs exceeded powers

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

Mediation, negotiation Petition for enforcement of settlement agreement before RTC

Agreement of parties Action for specific performance before RTC?

Appealable?

No? but it has a force and effect of a final judgment of a court, so isnt it appealable?

Judgment confirming award/recognizing and enforcing award may be appealed

Law silent

maybe

ROYALES VS. IAC


-failure to undergo KPL is a ground for dismissal of the action, it being a condition precedent

GALUBA VS. LAURETA


-an Amicable settlement under the Katarungang Pambarangay law may only be annulled by repudiation w/n 10d after the date of settlement and not by filing a petition to nullify the settlement

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)

ADR law silent

Action to annul contract?

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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Class Notes for Finals Dean Leonen

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

Mediation subject to international rules

Mediation subject to the agreement of the parties

Construction Disputes, even if commercial and international in nature Same exceptions

Venue

Place where institution located?

1. agreement of parties 2. place convenient and appropriate Agreement of parties

Who appoints mediators/arbs

Institution has panel of mediators

1. agreement of the parties 2. place convenient and appropriate in the Philippines CIAC and parties

1. agreement of the parties 2. MM or place convenient

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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Class Notes for Finals Dean Leonen


6. malpractice of med/party/nonparty 7. Need for evidence heavier, esp: a. hearing in camera b. crime or felony c. reform or ability to avoid liability Conflict of interest?

Challenge for med/arbs

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?

Before arbiters first then to the court appointed

No need to be confirmed by RTC so just execute?

Petition before RTC -may be deposited to RTC COC

Vacation

Law silent

What parties can agree on

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

Agreement that mediator act as arbitrator and vice versa

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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Class Notes for Finals Dean Leonen


Procedure for challenging an arbitrator 10. How arbitration proceedings conducted (how initiate, rules of procedure, how to decide) 11. Law to be applied by the arbitral tribunal 12. Period w/n which arbitral tribunal would decide 13. Assessment of expenses 3. other party was lead to believe that the other party would not raise it as a ground for dismissal different from Estoppel by deed: even if the court had no jurisdiction over the subject matter of the dispute, if the contesting party sought AFFIRMATIVE reliefs from the court then he is estopped from assailing courts jurisdiction 9.

***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!

Primary Admistrative Jurisdiciton vs. Exhaustion of Administrative Remedies

primary admistrative jurisdiction lack of jurisdiction courts have no jurisdiction

Exhaustion of Admistrative Remedies condition precedent courts have jurisdiciton

EOJ Civil Cases

None not a trial court

TIJAM VS. SIBONGHANOY


Sir said that this is NOT an EXCEPTION TO THE GENERAL RULE THAT the jurisdiction of the court may be assailed any time since the issue here is WON PARTY CAN RAISE THE ISSUE OF LACK OF JURISDICTION (not WON the court has jurisdiction) even after 15 yrs! Reqs for Jurisdiction by Estoppel/laches: 1. unreasonable length of time 2. unable to raise lack of jurisdiction

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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Class Notes for Finals Dean Leonen


any court, tribunal, etc. (CATCH-ALL COURT) 6. admiralty & maritime, claim or demand 7. Probate, Gross value of estate 8. all other cases, Demand exclusive of IDALC MM: exceeds P400k outside MM: exceeds P300k Outside MM: 20k MM: 50k (exclusive of IDALC) 6. forcible entry and unlawful detainer (regardless of assessed value of property) judgment on the question of ownership, when necessary to resolve the issue of possession, would not be conclusive *cadastral *land registration cases When RTC judges not available: >bail application >habeas corpus cases

Jurisdiction over the res


-determined by law *Jurisdiction is determined from the allegations in the complaint (as was held in R IVERA VS .

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

BARANGAY SAN ROQUE VS. HEIRS OF PASTOR


-An expropriation suit is incapable of pecuniary estimation. Accordingly, it falls within the jurisdiction of the regional trial courts, regardless of the value of the subject property.

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

FLORES VS. MALLARE-PHILIPS


Theres misjoinder of parties here so totality rule does not apply. TOTALITY RULE only applies when theres a proper joinder of COA and of parties as provided under the rules of court ?If proper joinder of COA, 1 plaintiff vs. 1 defendant: plaintiff may join different COA together following R2.5 But if several plaintiffs vs. 1 defendant, 2 or more COA Or 1 plaintiff vs. several defendants, 2 or more COA should follow R2.5 (joinder of COA) and R3.6 (joinder of parties) e.g. when a ship sinks, the victims would join together to file action vs. common carrier *TIP ON CAPTION: mali daw ung Action for Damages: dapat daw alam ung COA mo and not the relief! So pano title? Action based on Breach of Contract???

Jurisdiction over the person


-Of the plaintiff: when plaintiff files action Of the defendant: through a. summons b. voluntary appearance

MANCHESTER DEVT VS. CA


The payment of docket fees is a mandatory requirement for the court to acquire jurisdiction over the action

SUN INSURANCE VS. ASUNCION


Court could allow payment of docket fees w/n reasonable time. Docket fees are based not only on the prayer, but also on the body of the complaint (why complaint? A complaint asks for awards) Rules on payment of docket fees: 1. prescribed docket fee for filing of initiatory pleading: may pay kulang w/n reasonable time but not beyond applicable prescriptive reglementary period

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Class Notes for Finals Dean Leonen


2. 3. Permissive counterclaims, TPC, similar pleadings (complaints after initiatory pleading): pay kulang w/n reasonable time but in no case beyond applicable prescriptive period Judgment awards a claim not specified in the pleading (therefore, docket fees for that award not yet paid): additional filing fees constitute lien on the judgment Comply w/ 3.6 Cant join ordinary civil action with special civil action or actions governed by special rules Same parties, different jurisdiction and venue for COA, one of the COA falls under RTC: join in the RTC d. If all COA joined are for the recovery of a sum of money: aggregate amount determines jurisdiction R2.6. MISJOINDER OF COA not a ground for dismissal: only for severance a. b. c.

Re: jurisdiction of MTC over FEUD ORTIGAS VS. CA


MTC has no jurisdiction over issues of ownership: can only rule on the issue of possession

BACOLOD VS. SMB


If 1 act or omission gives rise to 1 COA with several reliefs, cannot institute separate actions for the said reliefs or else it is deemed as splitting of COA *so a single COA may give rise to several reliefs. But if a transaction gives rise to different COA (different rights breached), could file separate actions and it would not be deemed splitting of COA *rule on JOINDER OF COA applicable also in a crossclaim, counterclaim, TPC Caveat: if several parties are involved, should ALWAYS FOLLOW R3.6! R2.4 (splitting of COA) vs. R2.6 (misjoinder of COA) Splitting of COA: grounds for dismissal (res judicata or litis pendentia) Misjoinder of COA: NOT a ground for dismissal but merely for severance ? WHY? If joined improperly, no repeating of COA but just wrongly joined. IF split, repeat COA (so PUNISH REPEATING OF COA!)

DUI VS. IBAJAN


In ejectment cases, the sole issue is the physical possession of the property, and neither the claim of Juridical Possession nor an averment of ownership by the defendant can out rightly deprive MTC from taking cognizance of the case

Re: Tenancy problem RIVERA VS. SANTIAGO


Mere invocation of agricultural tenancy does not ipso facto divest the MTC of jurisdiction over a complaint for ejectment when tenancy is averred as a defense and IF shown prima facie to be the real issue, the MTC must dismiss the case for lack of jurisdiction. Under RA 6657, it is the DAR that has authority to hear and decide when tenancy is legitimately involved. Requisites for Tenancy: 1. Parties: landowner and tenant 2. Subj: agricultural Land 3. Mutual consent to tenancy 4. Purpose of relation: agricultural Production 5. Personal cultivation by tenant 6. Sharing of harvest

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

DAR VS. CUENCA


DAR has jurisdiction over matters involving the implementation of agrarian reform, agrarian conflicts and land tenure related problems. BUT RTC now conferred with jurisdiction of Agrarian Reform Courts so RTC may have jurisdiction, particularly in petition for determination of just compensation to land owners

SOUTHERN CROSS VS. CEMENT MANUFACTURERS


-bifurcating of appeals is frowned upon unless the law provides otherwise

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

OPOSA VS. FACTORAN


Generations yet unborn are not natural persons nor juridical persons nor entities authorized by law but the court still allowed the suit based on the Intergenerational responsibility of the petitioners R3.2 Real Parties in Interest: party who -stands to be benefited or injured by the judgment in the suit Or party entitled to the avails of the suit -every action must be prosecuted or defended by real party in interest (or else ground for MTD based on lack of capacity to sue)

Class Notes for Finals Dean Leonen


R3.3 Representative parties -beneficiary included in the title of the case -if AGENT w/ UNDISCLOSED PRINCIPAL: GR: may sue or be sued w/o joining the principal (not included in the title) X: contract involves property of the principal R3.10 Unwilling co-plaintiff: didnt consent to be joined as plaintiff so include as defendant and state reasons why made a defendant *SIR: this serves as a notice to the defendant to give him opportunity to participate R3.11 MISJOINDER and NONJOINDER of PARTIES: not a ground for MTD but for severance or amendment of complaint to add parties R3.12 CLASS SUIT 1. Subject matter of controversy is one OF COMMON INTEREST TO MANY PERSONS 2. Persons interested SO NUMEROUS THAT IT IS IMPRACTICAL TO JOIN THEM ALL AS PARTIES 3. # of parties representing SUFFICIENTLY NUMEROUS AND REPRESENTATIVE as to fully protect the interests of all concerned *any party in interest shall have RIGHT TO INTERVENE to protect his interest

FILIPINAS INDUSTRIAL VS. SAN DIEGO


Every action must be prosecuted by the RPI and if the principal is DISCLOSED, action must be brought in the name of the principal and not in the name of the atty-in-fact/agent ? What should be the ground when a suit is brought by a party who is not the real party in interest? Failure to state a COA, not lack of capacity to sue sabi ni sir. Capacity is under R3.1, but if you dont have any COA, you dont stand to be benefitted or injured by the judgment or is entitled to the avails of the suit. R3.4. Spouses as Parties GR: husband and wife sued jointly X: as provided by law R3.5 Minor/incompetent persons -may still sue/be sued, w/ assistance R3.6. PERMISSIVE JOINDER OF PARTIES -All persons in whom or against whom ay right to relief in respect of or arising from the same transaction or series of transaction is alleged to exist Whether Jointly, severally, or in the alternative May join as plaintiffs or be joined as defendants in 1 complaint common question of fact or law R3.7. COMPULSORY JOINDER OF INDISPENSABLE PARTIES INDISPENSABLE PARTIES: w/o whom no final determination can be had of the action -should be joined Final determination: tapos na issue, res judicata na dapat forever! Wala na pedeng magfile ulit ng case! R3.8 NECESSARY PARTIES (also called PROPER PARTIES) -one who is not indispensable but who ought to be joined as a party if 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 e.g. Insurance companies in case of TP liability: they are necessary parties since the defendant would have to claim from them to pay the liability if ever, but they are not indispensable in the sense that the action would not push through w/o them R3.9 NONJOINDER OF NECESSARY PARTIES TO BE PLEADED If necessary party not joined, should set forth name of necessary party not joined then state reason why not impleaded. If court finds that the reason is UNMERITORIOUS, court couldorder that the necessary party be INCLUDED so order amendment of the complaint to include the necessary party failure to comply with the order for his inclusion is deemed a waiver of the claim vs. party *SIR: if failed to comply with order of the court, this may be a ground for MTD under R17.3 (noncompliance w/order of court) 10 | 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

MATHAY VS. CONSOLIDATED BANK


An action does not become a class suit merely because it is designated as such in the pleadings. Whether the suit is or is not a class quit depends upon the attending facts, and the complaint, or other pleading initiating the class action. *Common interest: 1 subject matter, same reliefs that may be claimed, same COA *In class suits, there is joinder of COA (each party has a COA, but it is common) and joinder of parties (parties so numerous, their COA arise out of the same transaction + common question of fact or law) ?What is the proper remedy if there is an improper class suit? MTD based on Failure to state a COA. Elements of a COA lacking if improper class suit R3.13 ALTERNATIVE DEFENDANTS -certain as to who are liable, not certain against whom relief may be sought R3.14 UNKNOW DEFENDANT -doesnt know name or identity of defendant -if true name or identity later IF PARTY DIES 1. Determine WON claim is extinguished 2. If NOT EXTINGUISHED: Counsel should inform the court of death and submit names and addresses of the legal representative of the party -heirs could be substituted w/o requiring appointment of executor -if none: court may order opposing party to procure the appointment of an executor or administrator, costs may be recovered as costs in the judgment ...if defendant dies: and action on contractual money claims: >death before entry of final judgment in court: allowed to continue until entry of final judgment >if favorable judgment: enforced against defendants estate if public officer dies: action may be continued by successor if it is satisfactorily shown that the successor would adopt same position as decedent

Venue
(Rule 4)

Class Notes for Finals Dean Leonen


R4.1 Real Actions actions affecting title to or possession of real property, or interest therein -court w/c has jurisdiction over the area wherein the real property involved, or a portion thereof is situated -FEUD: MTC w/c has jurisdiction over the area wherein property located R4.2 Personal Actions all other actions -commenced and tried where 1. plaintiff or principal plaintiffs reside 2. defendant or any of the principal defendant resides 3. non-resident defendant: where he may be found -election of plaintiff R4.3 Venue vs. nonresidents -defendants: nonresident + not found in RP -action affects the >personal status of the plaintiff >any property of defendant located in RP VENUE: 1. Court where plaintiff resides 2. court where any portion of the defendants property may be found R4.4 RULES on venue not applicable when 1. Law specifies venue 2. Parties validly agreed in writing before filing of action of EXCLUSIVE VENUE (should always contain EXCLUSIVE!) ? When is venue a matter of jurisdiction? When WARSAW CONVENTION APPLIES. In the Warsaw convention, the venue where the action may be brought are limited to the following: 1. Domicile of airline 2. Principal place of business 3. Place of business through which contract was made 4. Final destination However, since Warsaw Convention is a treaty, adopted as a law in the Philippines by the Incorporation Clause, it specifies the rule on exclusive venue in accordance with the first situation under R4.4. Venue (R4) Real Actions: action affecting title to or possession of real property or any interest therein Personal Actions: all other actions Summons (R14) Action in Rem: Actions, the judgment of which affects the whole world. Action in Personam: Actions, the judgment of which affects only the parties to the action *not all actions in personam are personal actions, the same way that actions in rem are real actions Pleadings Contains the claims and defenses of the parties for appropriate judgment from the court asks for final relief Motions Contains any relief not by a pleading -relief asked merely interlocutory: does not resolve the case with finality Orders -may be interlocutory or final orders -from the court

Complaint
-pleading alleging the plaintiffs COA/s -states name and address of the parties

Okay, draft a complaint:


Republic of the Philippines (Court) (judicial Region of the court) (Branch, City where court found) Plaintiffs name, Plaintiff Vs. Defendants name, Defendant x--------------------------------x (Caption) Plaintiff, (name of plaintiff), through counsel, (and to this Honorable Court), respectfully avers (= specifically allege): (paragraphs numbered: should contain 1 strain of thought, 1 sentence only ) 1. Plaintiff is (then aver UF relevant for the capacity of the party to sue) and a resident of (specify address) 2. Defendant (aver UF relevant to make defendant a real party in interest, aver capacity to sue) and may be served summons and other judicial processes at (specify address) (important: name of parties and their address where notices and summons may be served) 3. Allege UF step by step. Dont forget anything. Check if it is subject to MTD, MBPno need to allege law violated If several COA, have subheadings! RULES in making allegations in pleadings: Rule 8 a. UF: methodical and logical form, PCD facts on which party pleading relies for his claim or defense -omit EF: if no issues tendered, no need to present EF + plaintiff may not have any EF at the time of filing of complaint b. COA: may allege as many COA as there are present, alternatively or hypothetically c. Conditions precedent: averred generally d. Capacity to sue or be sued: important in first paragraphs e. Fraud, Mistake: stated w/ particularity Civil Case No. (keep blank) FOR: (characterization of the action)

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

Class Notes for Finals Dean Leonen


f. g. h. MIKOCM (Malice, Intent, Knowledge, other conditions of the mind): general averment Earlier decisions as part of UF: generally aver, no need to show jurisdiction ACTIONABLE DOCUMENT: (1) Substance of instrument/document set forth in the pleading (2) Attach Original as exhibit (3) Attach Copy as exhibit (4) Copy set forth in the pleading Official document/act: aver that it was issued in compliance w/law On (date when issued) Doc No. Page No. Book No. Series of 2009.

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

Republic of the Philippines (Court) (Judicial Region) Branch #, Location

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

Motion for Bill of Particulars

Class Notes for Finals Dean Leonen


-when: before responding to a pleading (so pede before filing answer to reply to a complaint, pede before filing a reply to respond to an answer) -Ground: More definite statement, matters not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading -Contents: should point out 1. defects complained of: 2. paragraphs wherein the defects are contained; 3. details desired Court may either 1. Deny it: should file responsive pleading w/n time remaining, which should not be less than 5d 2. Grant it: opposing party should comply with order w/n 10d OR ELSE a. Court orders striking out of pleading b. Court would make order which it deems just 3. Allow parties opportunity to be heard *filing of MBP suspends the period to file responsive pleading ONLY IF IT IS GRANTED. The least it could do if denied would be to add 5 days min to the period wherein which one could file responsive pleading. For: characterization of the action) Defendants name, Defendant x---------------------------x Answer Defendant, by counsel, respectfully state that: Admissions/Denials (notes) *defendant should SPECIFICALLY DENY each material allegation of facts -whenever practical, set forth substance of the matters upon which he relies -includes denial of the capacity of the party to sue or be sued *partial denial: specify which part is admitted and which part is denied specifically *if defendant WITHOUT KNOWLEDGE/INFORMATION SUFFICIENT TO FORM A BELIEF AS TO THE TRUTH OF THE MATERIAL AVERMENT, specifically state such *DENIAL OF ACTIONABLE DOCUMENTS: -under oath (not needed if not a party to the actionable document) -specifically denied -set forth what actually happened (defendants version) -genuineness: authenticity (WON it was forged):: due execution: formalities as to its execution (capacity of parties to contract) *Usury allegation also required to be under oath (but no usury anymore) 1. 2. 3. 4. He admits the contents of paragraph #. (specific denial proper) He admits the contents of paragraph # in so far as.but specifically deny that (state substance of denial). (partial denial) He specifically denies the contents of paragraph #, as he lacks knowledge or information sufficient to form a belief as to its truthfulness. (denial based on lack of knowledge) He specifically denies the genuineness and due execution of the document mentioned in paragraph #, it being that. (denial of actionable document) Affirmative Defenses Defendant repleads, reiterates, and incorporates by reference all the foregoing insofar as they are material and additionally submit that the complaint should be dismissed because: 5. 1. Plaintiff has.(may plead any of the enumeration under affirmative defense or any of the grounds for MTD EXCEPT LACK OF JURISDICTION OVER THE PERSON OF THE DEFENDANT and IMPROPER VENUE)

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

Plaintiffs name, Plaintiff Vs. Civil Case No fill out #

13 | 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

Class Notes for Finals Dean Leonen


Explanation (if service was made through registered mail if personal service, omit explanation, not sure though if there should be affidavit of service then jurat kasi sa example ni sir sa class meron pa ring affidavit if personal service) The foregoing Answer for the defendant is being filed with the Honorable Court and served on the adverse counsel (not an initiatory pleading so no need to serve to the party) by registered mail due to the limited number of messengers of the Office. (sgd) counsel Affidavit (of service) Republic of the Philippines) City of _______________) s.s. I, (name of the person who caused the service), (job description) for (name of defendant), with address at (address of person), after being duly sworn, deposes and states: That on (date when served), I served a copy of the following pleadings/papers by registered mail in accordance with Section 10, Rule 13 of the Rules of Court: Answer For defendant (name of defendant) In Case No. (specify) entitled (title of the case), by depositing a copy in the post office in a sealed envelope, plainly addressed to (counsel of plaintiff) at (address of defendant), with postage fully prepaid, as evidenced by Registry Receipt No. (specify), attached and with instructions to the post master to return the mail to sender after ten (10) days if undelivered. Checklist: 1. 2. 3. 4. 5. 6.

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

Class Notes for Finals Dean Leonen


5. 6. c. R45 Certiorari Action for annulment of JFOR of RTC Complaints for application of (provisional remedies a. Injunction b. Receivership c. Support Pendente LIte Special Civil Actions a. Petition to review: COA/COMELEC to SC b. CPM c. Quo Warranto d. Expropriation e. FEUD f. Indirect Contempt ALL Complaints subject to the Rules on Summary Procedure *SCA for Forcible entry or unlawful detainer irrespective of amt of damages or unpaid rentals OR *other cases where the TOTAL AMT claimed DOES NOT EXCEED P100k (outside MM) or P200k (w/n MM)

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.

not an initiatory pleading so NO NEED TO FILE CNFS

INITIATORY PLEADING SO FILE CNFS

8.

NO need to pay docket fees

needs to pay docket fees

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

no need to answer: would not be declared in default

should be answered or else deemed in default of 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)

15 | 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

Class Notes for Finals Dean Leonen


? What if you want to implead a person NOT YET A PARTY to the action BUT NOT FOR CRISA? What to do? Bring them in, under Rule 6.12 *if TPC improperly filed (not for CRISA), but was not assailed, parties have waived that defense. (P ASCUAL VS . B AUTISTA) ?What if appealed judgment on TPC then the main case was sought to be enforced: -Cannot enforce TPC vs. the defendant who appealed TPC judgment: TPC makes another person aside from defendant guilty. If main action sought to be enforced against the defendant, then he may be made to pay without recourse to the TPdefendant. ---di ba baligtad? If the main action is appealed, cannot enforce judgment on the TPC because the liability of the TPdefendant would depend on WON the plaintiff has a valid claim in the main action??? *Remedies when TPC denied: Appeal judgment denying TPC

Manner of filing Personal

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

w/n15d w/n10d w/n10d w/n15d w/n 30d

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

Affidavit of person who mailed

16 | 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

Class Notes for Finals Dean Leonen


10d after mailing 1. actual receipt by addressee 2. after 5d from date sender received 1st notice from postmaster

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

Amended complaint difference effect


Facts available, exists before Supersedes -may be used as proof (judicial admission) -claims and defenses not set up waived Formal -clerical and typo -period: forever Substantial a. As a matter of right (b4 filing responsive pleading) b. With leave of court (after responsive pleading)

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

Intervention Amendment and Supplemental Pleadings


Amendment: add or strike out allegation in the pleading 1. As a matter of right -1x only -at any time before a responsive pleading is filed (or, if reply, w/n10d after service of reply wala nang magrereply eh) 2. By leave of court -w/leave of court -after responsive pleading already filed -no intent to delay 3. Amendment to conform to presentation of evidence -party presents evidence not w/n the issues in the pleadings -the opposing party consents to the presentation (express or implied) -treat as if it was raised in the pleadings and may amend pleading AT ANY TIME, EVEN AFTER JUDGMENT) -if evidence objected to for not being made in the pleadings, court may still allow presentation of evidence and amendment when ends of substantial justice may be served (may put on record CONTINUING OBJECTION) -motion to amend filed -so w/ notice and hearing *EFFECT OF AMENDMENT: supersedes the pleading that it amends -admissions in the superseded pleading may still be used as evidence vs the pleader -claims and offenses not incorporated are deemed waived *REMEDY if amendment not allowed: APPEAL, not SCA for certiorari Supplement -also upon motion, so may notice and hearing -set forth TOE (transactions, occurrences, events) which have happened since the date of the pleading sought to be supplemented -EFFECT: supplies deficiencies in aid of an original pleading, but not entirely substitute the latter the original pleading still exists side by side with the supplement to the pleadings 17 | 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 WHO MAY FILE: a person 1. Who has a legal interest in the subject matter 2. Who has a legal interest in the success of the parties 3. Who has a legal interest against both 4. So situated as to be adversely affected by the distribution or disposition of the properties in the custody of the court PROVIDED *no undue delay in the adjudication of the rights of the original parties + intervenors right cannot be sufficiently protected in another proceeding *interest should be DIRECT, MATERIAL AND NOT INCHOATE BUT SHOULD BE PRESENT HOW: w/leave of court -file motion to intervene + either Complaint in intervention or answer in intervention WHEN: any time before the rendition of the judgment by TC (rendition: service of the copies of the final order)

METROBANK VS. PRESIDING JUDGE


When a motion to intervene has already been granted, as shown by an Order from the court, the intervenor is already a party to the proceeding and therefore has the right to all the notices and processes from the court. When the original parties enter an agreement, with the intervenor not made a party, to dismiss the case, the intervenor not being a privy to the said agreement is not bound by the dismissal and may continue his action of intervention.

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

Class Notes for Finals Dean Leonen


HOW SERVED Natural persons -defendant who may be: 1. defendant 2. prisoner 3. entity w/o juridical personality 4. minors and incompetents 5. resident temporarily out of RP 6. defendant cannot be found + does not reside in RP 7. defendant unknown Action in personam 1. personal service -deliver summons + copy of complaint to defendant -tender summons + copy of complaint 2. substituted service -only resorted to when: a. justifiable causes b. cannot serve defendant w/n reasonable time c. all reasonable diligent efforts have been exerted -HOW: leave copies at *defendants residence: person then residing therein w/sufficient age and discretion *OR office/regular place of business: person in charge thereof FOR 7 (unknown defendant) -w/leave of court, service by publication in a newspaper of general circulation FOR 5 and 6 extraterritorial service -w/leave of court 1. personal service outside RP 2. by publication + send through registered mail to the last known address the copy of the summons 3. any manner the court deems sufficient Action in rem 1. personal service (see left) 2. substituted service 3. extraterritorial service -only for the following situations: actions involve a. personal status of plaintiff b. relates to, or the subject of w/c, is property w/n RP in w/c defendant has claim or lien, actual or contingent c. relief demanded consists of excluding the defendant from any interest in the property in RP d. property of defendant in RP attached w/n RP ***Jurisprudence seem to suggest that even if domestic corp (so therefore even if RESIDENT and can be found in RP), once action in rem extraterritorial service and service by publication could be resorted to. Refer to Consolidated Plywood vs. Breva

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.

DIAL CORP VS. SORIANO


For purposes of extraterritorial service of summons, the property that should be attached should be tangible property *What happens after service of summons -w/n 5 days after service of summons, sheriff would file with court a RETURN If returned summons w/o being served, plaintiff may demand that alias summons may be served *substitute of summons: VOLUNTARY APPEARANCE -raising other grounds aside from lack of jurisdiction over the person of the defendant NOT considered voluntary appearance but merely in accordance w/ OMNIBUS MOTION RULE

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

civil case No (filled up) For (description)

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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Class Notes for Finals Dean Leonen


The copy of the summons together with a copy of the complaint and its annexes were (manner of service: personally/substituted) received by defendant at (time) on (date) at (location. The original copy of the Summons is therefore, respectfully returned, DULY SERVED. Date when return made. (sgd) name Sheriff Cc: Plaintiffs counsel Address litis pendentia a. identity of parties (substantial) b. substantial identity of COA and relief sought, relief founded on same facts c. identity: judgment on any one would amount to res judicata in the other case 6. res judicata or statute of limitations a. previous final judgment b. court had jurisdiction over the subject matter and on the parties c. judgment on the merits (so dismissal w/prejudice) d. identity of COA, subject matter and (substantially) of parties 7. failure to state COA -pleading contains insufficient UF on which COA is based 8. payment, waiver, abandonment, extinguishment (PWAE) 9. claim is unenforceable under statute of frauds 10. failure to comply w/ condition precedent GR: HEARING REQUIRED 5.

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

X: (other dismissals of action)


if MTD grounds raised as an affirmative defense in the answer 9.1 a. Litis pendentia b. Res judicata c. Statute of limitation d. No jurisdiction over the subject matter 3. 17.2 MTD on the plaintiffs instance (17.1 kasi notice of dismissal lang) 4. Revised Rules on Summary Procedure 5. SCA of FEUD If MTD DENIED: file answer w/n time remaining, but have at least 5d to do so, computed from RECEIPT OF NOTICE OF DENIAL -Order is interlocutory, so cannot be appealed If MTD GRANTED: Dismissal w/o prejudice X: dismissal w/ prejudice -res judicata or statute of limitations -PWAE -unenforceable because of statute of frauds IF GROUNDS FOR MTD PLEADED AS AFFIRMATIVE DEFENSE -BUT HERE, hearing not required w/n courts discretion -if complaint dismissed but IN ANSWER, claimed a Counterclaim (silent if compulsory or not): cclaim could still be heard 1. 2.

Dismissal of Actions Motion to Dismiss


-ON THE PART OF DEFENDANT ONLY When : during period BUT BEFORE FILING responsive pleading GROUNDS: 10 1. lack of jurisdiction over the res -not in accordance w/BP129 2. lack of jurisdiction over the person of the defendant -improper service of summons 3. venue improperly laid -either did not follow rules under Rule 4 or exclusive venue not followed 4. plaintiff has no legal capacity to sue -not authorized to sue, no capacity to sue under Rule 3, not a real party in interest

Dismissal on part of plaintiff under R17


17.1 Notice of defendant -b4 SERVICE of answer Or MSJ by the defendant -dismissal w/o prejudice 17.2 MTD by plaintiff -after service of answer Or AFTER MSJ -w/o prejudice -if Answer includes counterclaim, Defendant may either

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Class Notes for Finals Dean Leonen


a. file manifestation that he would continue to prosecute his cclaim b4 the court b. file the counterclaim in a separate proceeding (not res judicata as it was dismissed w/o prejudice) 17.3 DISMISSAL because of plaintiffs fault a. plaintiff fails to appear on date of presentationof his evidence in chief w/o justifiable caue b. plaintiff failed to prosecute his action for an unreasonable length of time c. plaintiff failed to comply with ROC or ANY ORDER OF THE COURT (aha! Pede na nga ground for indirect contempt or even contempt pede pang ground for dismissal!) -dismissal WITH PREJUDICE: has effect of ADJUDICATION ON THE MERITS SO CAN BE USED FOR RES JUDICATA PURPOSES -re: defendants counterclaim: same rule as MTD by plaintiff under 17.2

Dismissal through a Motion for Leave to File a Demurrer to Plaintiffs Evidence


-filed after the plaintiffs presentation of evidence -evidence presented by evidence failed to show his right to relief -however, if plaintiff appealed this, and appeal was granted, Defendant cannot present evidence anymore: the case would be decided based only on what plaintiff was able to present MTD R16 MTD (demurrer to evidence) Grounded on preliminary objections on the Based on insufficiency of evidence allegations in the pleading Filed by DEFENDANT w/n time for But prior to filing answer ONLY after presentation of plaintiffs evidence DENIAL: should answer DENIAL: defendant present evidence GRANT: plaintiff may appeal GRANT: if plaintiff appeals, dismissal reversed, Or may refile case defendant cannot present evidence anymore ?Okay, after MTD, should file answer. What happens when one fails to file answer on time? Plaintiff files MOTION TO DECLARE DEFENDANT IN DEFAULT under R9.3 + proof of nonfiling Then Court issues an ORDER DECLARING DEFENDANT IN DEFAULT Vs. PRETRIAL: absence of defendant during PRETRIAL or non-filing of a PRETRIAL BRIEF -declared AS IN DEFAULT In default Failure to file answer As in default Failure to appear during pre-trial OR submit a pretrial brief Defendant entitled to notice but cannot take part in the proceedings Presentation of evidence ex parte Relief to be awarded limited by the prayer Relief to be awarded dependent on what the plaintiff could prove

LIM TANHU VS. REMOLETE


If the defendants are indispensable parties sued under 1 COA and interposed 1 common defense, the non-appearance of 1 during pre-trial does not make the others in default

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