CIVIL PROCEDURE Outline Justice Magdangal M.

de Leon Basic principles Remedial law distinguished from substantive law Kinds of procedure 1. As to purpose 2. As to formality Civil action, criminal action and special proceedings distinguished Rule 1 General Provisions (Sections 1 to 6) Rule making power of Supreme Court Art. VIII, Sec. 5 (5), Constitution Art. VI, Sec. 30 Procedural and substantive rules Force and effect of Rules of Court Power of Supreme Court to suspend the Rules of Court May parties change the rules of procedure? Matters of procedure which >may be agreed upon by the parties >are waivable >fall within the discretion of the court Jurisdiction 1. Generally a. subject matter b. res or property c. issues d. parties 2. Estoppel to deny jurisdiction Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005) 3. Jurisdiction at time of filing of action People vs. Cawaling, 293 SCRA 267 (1998) Regular Courts (MTC, RTC, CA, SC) Art. VIII, Constitution BP 129 (Judiciary Reorganization Act of 1980) RA 7902 (expanding the jurisdiction of the CA, amending BP 129) RA 7961 (expanding the jurisdiction of MetroTC,

MTC, MCTC, amending BP 129) SC Adm. Circular No. 09-94, in rel. to RA 7691 SC Circular No. 21-99, in rel. to RA 7691 RA 8369 (Family Courts Act of 1997) SC Circular No. 11-99, in rel. to RA 8369 Special Courts Sandiganbayan PD 1616, as am. by RA 7975 and RA 8249 Quasi judicial bodies SEC ( Sec. 5.2, RA 8799, Securities Regulation Code) CSC (Magpale vs. CSC, 215 SCRA 398 (1992)) HLURB (Sandoval vs. Caneba, 190 SCRA 77 (1991) Kinds of action 1. As to cause or foundation a. personal b. real *distinction important in determining venue 2. As to object a. in rem b. in personam c. quasi in rem *distinction important in service of summons Commencement of action 1. Condition precedent Katarungang Pambarangay Lumbuan vs. Ronqullo, G.R. No. 155713, May 5, 2006 2. Payment of filing fee Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005), reiterating Sun Insurance Office, Ltd. vs. Asuncion, 170 SCRA 274 (1989)

Rule 2 Cause of Action (Rules 1 to 6) Cause of action (Secs. 1-2) Distinguished from right of action Splitting a cause of action (Secs. 3-4) Joseph vs. Bautista, 170 SCRA 540 (1989) Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007 Progressive Development Corp. vs. CA, 301 SCRA 367 (1999) CGR Corporation vs. Treyes, Jr., G.R. No. 170916, April 27, 2007 Enriquez vs. Ramos, 7 SCRA 265 (1963) Remedy against splitting a single cause of action a. motion to dismiss Rule 16, Sec. 1 (e) or Sec. 1 (f) b. answer alleging affirmative defense Rule 16, Sec. 6 Joinder of causes of action (Secs. 5-6) Flores vs. Mallare-Phillipps, 144 SCRA 277 (1986)

What is the totality rule? Rule 3 Parties to Civil Actions (Sections 1 to 22) Who may be parties (Sec. 1) 1. Natural persons 2. Juridical persons 3. Entities authorized by law (even if they lack juridical personality) Classification of parties Real party in interest (Sec. 2) Lack of personality to sue Evangelista vs. Santiago, 475 SCRA 744 (2005) Standing to sue Domingo vs. Carague, 456 SCRA 450 (2005) Representative parties (Sec. 3) Oposa vs. Factoran, 224 SCRA 792 (1993) Indispensable parties (Sec. 7) Domingo vs. Scheer, 421 SCRA 468 (2004) Uy vs. CA, 494 SCRA 535 (2006) Necessary party or proper party (Secs. 8-9) Laperal Devt. Corp. vs. CA, 223 SCRA 261 (1993) Permissive joinder of parties (Sec. 6) Effects of misjoinder and non-joinder of parties (Sec. 11) Class suits (Sec. 12) Mathay vs. Consolidated Bank, 58 SCRA 559 (1974) Defendants 1. Unwilling co-plaintiff (Sec. 10) 2. Alternative defendant (Sec. 13) 3. Unknown defendant (Sec. 14; Rule 14, Sec. 14) 4. Entity without juridical personality as defendant (Sec. 15; Rule 14, Sec. 8) Death of party; duty of counsel (Secs. 16, 20) 1. If plaintiff dies during pendency of case 2. If defendant dies, effect of his death depends upon nature of the pending action Effect of non-substitution of a deceased party Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005) De la Cruz vs. Joaquin, 464 SCRA 576 (2005) Death or separation of party who is a public officer (Sec. 17) Incompetency or incapacity (Sec. 18) Transfer of interest (Sec. 19) Indigent party (Sec. 21) Notice to Solicitor General (Sec. 22) Rule 4 Venue of Actions (Sections 1 to 4)

Venue defined Distinguished from jurisdiction Venue of real actions (Sec. 1) Venue of personal actions (Sec. 2) Venue of actions against non-residents (Sec. 3) Quasi in rem = action affects personal status of plaintiff -- residence of plaintiff In rem = action affects property of defendant in Phils. - location of property When rule not applicable (Sec. 4) 1. Where a specific rule or law provides otherwise Diaz vs. Adiong, 219 SCRA 631 (1993) 2. Where parties have validly agreed in writing before filing of the action on exclusive venue thereof Phil. Banking Corp. vs. Tensuan, 228 SCRA 385 (1993) Waiver of improper venue 1. express waiver 2. implied waiver Dacoycoy vs. IAC, 195 SCRA 641 (1993) How to question improper venue 1. motion to dismiss (Rule 16, Sec. 1(c)) 2. affirmative defense in answer (Rule 16, Sec. 6) Pleadings (Substantial Requirements) In general Defined (Rule 6, Sec. 1) Distinguished from motion (Rule 15, Sec. 1) What allowed (Rule 6, Sec. 2) Parts of a pleading (Rule 7) How allegations made In general (Rule 8, Sec. 1) Capacity (Rule 8, Sec. 4) Alternative claims and defenses (Rule 8, Sec. 2) Conditions precedent (Rule 8, Sec. 3) Fraud and mistake, condition of mind (Rule 8, Sec. 5) Judgments (Rule 8, Sec. 6) Official documents (Rule 8, Sec. 9) Need to bring in new parties (Rule 6, Sec. 12) Complaint Defined and in general (Rule 6, Sec. 3) Allegations In general (Rule 8, Sec. 1) Mathay vs. Consolidated Bank and Trust Company, 58 SCRA 559 (1974) Capacity of parties (Rule 8, Sec. 4)

Actions based upon a document (Rule 8, Sec. 7) Answer Defined and in general (Rule 6, Sec. 4) Types of defenses Negative (Rule 6, Sec. 5(a)) How alleged, generally (Rule 8, Sec. 10) Capacity of parties (Rule 8, Sec. 4) Genuiness of documents (Rule 8, Sec. 8) Negative pregnant PHILAMGEN vs. Sweet Lines, 212 SCRA 194 (1993) Affirmative (Rule 6, Sec. 5(b)) Implied admissions (Rule 9, Sec. 1) Periods to plead (Rule 11, Secs. 1-3) Waiver of defenses (Rule 9, Sec. 2) Counterclaims Defined and in general (Rule 6, Sec. 6) How raised Included in answer (Rule 6, Sec. 9; Rule 11, Sec. 8) After answer (Rule 6, Sec. 9; Rule 11, Sec. 9) Kinds of counterclaims Compulsory (Rule 6, Sec. 7; Rule 9, Sec. 2) - cannot be independently adjudicated - jurisdiction (both as to amount and nature; exception) - filing fees and non-forum certification not required Permissive Korea Exchange Bank vs. Gonzales, 456 SCRA 224 (2005) BA Finance Corp. vs. Co, 224 SCRA 163 (1993) Remedies For failure to raise compulsory counterclaim (Rule 9, Sec. 2) Oversight, inadvertence, excusable neglect (Rule 11, Sec. 10) In case main action fails BA Finance Corp. vs. Co, supra Answer to counterclaim In general (Rule 6, Sec. 4) Period to plead (Rule 11, Sec. 4) Reply Defined and in general (Rule 6, Sec. 10) When required (Rule 6, Sec.10) Challenge due to authenticity of documents (Rule 8, Sec. 8) Third/Fourth Party Complaint Defined (Rule 6, Sec. 11) Remedies when denied Answer to Third/Fourth Party Complaint

In general (Rule 6, Sec. 13) Time to plead (Rule 11, Sec. 5) Extension of time to plead (Rule 11, Sec. 11)

(Formal Requirements) Filing and Service of Pleadings, Motions and Orders Verification (Rule 7, Sec. 4) Certification against forum shopping (Rule 7, Sec. 5) Ao-As vs. CA, 491 SCRA 353 (2006) Forum shopping certificate for a corporation PAL vs. Flight Attendants and Stewards Assn of the Phils.(FASAP), 479 SCRA 605 (2006) Filing and service defined (Rule 13, Sec. 2) Coverage (Rule 13, Secs. 1, 4) Modes of service In general, filing (Rule 13, Sec. 3) In general, service (Rule 13, Secs. 5, 9) Personal (Rule 13, Sec. 6) Mail (Rule 13, Sec. 7) Substituted service (Rule 13, Sec. 8) Priority (Rule 13, Sec. 11) Upon party in default (Rule 9, Sec.3) Completion of service (Rule 13, Sec. 10) Proof of filing and service Rule 13, Secs. 12, 13) Lis pendens (Rule 13, Sec. 14) Amended and Supplemental Pleadings Amendments In general (Rule 10, Sec. 1) Liberality Barfel Devt. Corp. vs. CA, 223 SCRA 268 (1993) Form (Rule 10, Sec. 7) Effect (Rule 10, Sec. 8) Kinds Formal amendments (Rule 10, Sec. 4) Substantial amendments Matter of right (Rule 10, Sec. 2) Matter of discretion (Rule 10, Sec. 3) To conform to evidence (Rule 10, Sec. 5) Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005 Remedies Periods to answer Amendments (Rule 11, Sec. 3) Supplemental complaint (Rule 11, Sec. 7)

Supplemental pleadings (Rule 10, Sec. 6) Distinquished from amended pleadings Shoemart, Inc. vs. CA, 190 SCRA 189 (1990) Bill of Particulars/Intervention Bill of particulars (Rule 12, Secs. 1 to 6) Office and purpose Virata vs. Sandiganbayan, 221 SCRA 52 (1993) What is beyond its scope Tan vs. Sandiganbayan, 180 SCRA 34 (1989) Intervention (Rule 19, Secs. 1 to 4) Ancillary to pending action Saw vs. CA, 195 SCRA 740 (1991) Exception Metropolitan Bank & Trust Co. vs. Presiding Judge, 182 SCRA 820 (1990)

Rule 14 Summons (Sections 1 to 20) Definition and purpose Duty to issue (Secs. 1, 5) Form Content (Sec. 2) If with leave of court (Sec. 17) Who serves (Sec. 3) On whom In general (Secs. 1, 6) Entity without juridical personality (Sec. 8) Associations Domestic (Sec. 11) List exclusive E.B. Villarosa & Partner Co., Ltd. vs. Benito, 312 SCRA 65 (1999) Foreign (Sec. 12) Northwest Orient Airlines, Inc. vs. CA. 241 SCRA 192 (1995) Public corporation (Sec. 13) Minors (Sec. 10) Insane, incompetents (Sec. 13) Prisoners (Sec. 10) Unknown defendant (Sec. 14) *whether in rem, quasi in rem or personal Residents temporarily out (Secs. 16) Non-resident (Sec. 15) *in rem, quasi in rem Modes of service

personal (Sec. 6) substituted (Sec. 7) Robinson vs. Miralles, G.R. No. 163584, December 12, 2006) publication (Sec. 14) extraterritorial (Secs. 15,16) Valmonte vs. CA, 252 SCRA 92 (1996) Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No. 172242, August 14, 2007

registered mail invalid service of summons Voluntary appearance (Sec. 20) Delos Santos vs. Montesa, 221 SCRA 15 (1993) Orion Security Corporation vs. Kalfam Enterprises, Inc., G.R. No. 163287, April 27, 2007 Return of service (Sec. 4) Proof of service (Sec. 18) publication (Sec. 19)

Rule 15 Motions (Sections 1 to 10) In general (Sec. 1) Form (Sec. 2) Generally (Sec. 10) May be oral (Sec. 2) Motion for leave (Sec. 9) Prohibited motion Contents (Sec. 3) Omnibus motion rule (Sec. 8) Exceptions (Rule 9, Sec. 1) Notice of hearing (Secs. 4, 5) General rule = without compliance scrap of paper Exceptions Motions which may be granted ex parte Where adverse party had opportunity to oppose Lanto vs. Dimaporo, 16 SCRA 599 (1966) Vlason Enterprises Corp. vs. CA, 330 SCRA 26 (1999) Proof of service (Sec. 6) Hearing of motions (Sec. 7)

Rule 16 Motion to Dismiss (Sections 1 to 6) Four general types of motion to dismiss under the Rules

1. Motion to dismiss before answer (Rule 16) 2. Motion to dismiss by plaintiff (Rule 17)
3. Motion to dismiss on demurrer to evidence after plaintiff has rested his case under Rule 33

4.

Motion to dismiss appeal either in RTC (Rule 41, Sec. 13), CA (Rule 50, Sec. 1) or SC (Rule 56, Sec. 5) Grounds (Sec. 1) Lack of jurisdiction Boticano vs. Chu, 148 SCRA 541 (1987) Res judicata Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007 No cause of action Halimao vs. Villanueva, 253 SCRA 1 (1996) Tan vs. CA, 295 SCRA 247 (1998)

Statute of frauds Asia Production Co., Inc. vs. Pano, 205 SCRA 458 (1992) Condition precedent Sunville Timber Products, Inc. vs. Abad, 206 SCRA 482 (1992) Who files How pleaded Period (Sec. 1) As affirmative defense (Sec. 6) - counterclaim which may be prosecuted in same or separate action refers to permissive counterclaim Hearing and resolution (Secs. 2, 3) Municipality of Binan vs. CA, 219 SCRA 69 (1993) - preliminary hearing not mandatory - preliminary hearing on an affirmative defense for failure to state a cause of action is not necessary Effects Of dismissal (Sec. 5) On periods for pleading (Sec. 4) On other grounds and omnibus motion rule (Rule 9, Sec. 1; Rule 15, Sec. 8) Remedies If motion granted appeal or refile complaint If motion denied - file answer, unless without jurisdiction, in which case, Rule 65 petition NPC vs. CA, 185 SCRA 169 (1990)

Rule 17 Dismissal of Actions (Sections 1 to 4) Upon notice by plaintiff before answer (Sec. 1) O.B. Jovenir Construction and Development Corp. vs. Macamir Realty and CA, G.R. No. 135803, March 26, 2006 Upon motion of plaintiff after answer (Sec. 2) Due to fault of plaintiff (Sec. 3) Cruz. vs. CA, G.R. No. 164797, February 13, 2006 Effect on counterclaim Pinga vs. Santiago, G.R. No. 170354, June 30, 2006

10

Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No. 172242, August 14, 2007 Remedy of plaintiff Ko vs. PNB, 479 SCRA 298, January 28, 2006 Dismissal of counterclaims (Sec. 4) Default Rule 9, Sec. 3 Nature in general (Sec. 3, first par.) When may a defendant be declared in default? 1. Failure to file answer (Rule (9, Sec. 3) 2. Failure to furnish copy of answer 3. Failure to appear at pre-trial (Rule 18, Sec. 5) 4. Failure to comply with modes of discovery ( Rule 29, Sec. 3 [d]) When allowed (Sec. 3, first par.) Effect (Sec. 3(a), (c)) Gajudo vs. Traders Royal Bank, G.R. N o. 151098, March 21, 2006 Vlason Enterprises Corp. vs. CA, 310 SCRA 26 (1999) Order of default When some answer and others default (Sec. 3 (c)) Extent of relief to be awarded (Sec. 5) Where not allowed (Rule 9, Sec. 3 (e)) Procedure after order of default (Sec. 3, first par.) Remedy from order of default Motion to set aside (Sec. 3(b)) Ramnani vs. CA, 221 SCRA 582 (1993) Remedies from judgment by default Before finality or new trial (Rule 37) Appeal (Rules 40 and 41) Martinez vs. Republic, G.R. No. 160895, October 30, 2006 After finality Petition for relief from judgment (Rule 38) Annulment of judgment (Rule 47) Is certiorari a proper remedy? Jao vs. CA, 251 SCRA 391 (1995) Indiana Aerospace University vs. CHED, 356 SCRA 367 (2001)

Rule 18 Pre-Trial (Sections 1 to 7)

Nature (Sec. 2) When (Sec. 1)

11

LCK Industries Inc. vs. Planters Development Bank, G.R. No. 170606, November 23, 2007 Requirements for appearance (Sec. 4) Procedure Duty to set (Sec. 1) Effect of I.A.1.2, A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures), which took effect on August 16, 2004 Notice (Sec. 3) Pre-trial brief required (Sec. 6) Record or order of pre-trial (Sec. 7) Consequences Order (Sec. 7) Effect of failure to appear (Secs. 5, 6 (last par.)) Calalang vs. CA, 217 SCRA 462 (1993) On plaintiff (see Rule 17, Sec. 3) On defendant, compare with default (Rule 9, Sec. 3) Citibank N.A. vs. Chua, 220 SCRA 75 (1993) No pre-trial brief (Rule 18, Sec.7) Rule 20 Calendar of Cases (Sections 1 and 2) Calendar (Sec. 1) Preferences (Sec. 1) Assignment of cases (Sec. 2)

Rule 22 Computation of Time (Sections 1 and 2) Rule 30 Trial (Sections 1 to 9) Notice of trial (Sec. 1) Adjournments and postponements (Sec. 2) Absence of evidence (Sec. 3) Illness of party or counsel (Sec. 4) Subpoena, Rule 21 Conduct Order of trial (Sec. 5) Agreed statement of facts (Sec. 6; Rule 18, Secs. 2(d), 7)

12

Statement of judge (Sec. 7) Suspension of actions (Sec. 8) Arts. 2030 & 2035, Civil Code Duty of judge to receive evidence and power to delegate to clerk of court (Sec. 9) Trial by commissioner, Rule 32, Secs. 1 to 3 only Consolidation of trial, Rule 31, Sec. 1. Compare with Rule 2, Sec. 5 Severance of trial, Rule 31, Sec. 2 & Rule 3, Sec. 6.

Lack of cause of action may be cured by evidence presented during the trial and amendments to conform to the evidence. Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005 Rule 33 Demurrer to Evidence (Section 1) Republic vs. Tuvera, G.R. No. 148246, February 16, 2007 Distinguished from motion to dismiss for failure to state a cause of action (Rule 16, Sec. 1 (g)) The Manila Banking Corp. vs. University of Baguio, Inc., G.R.No. 159189, February 21, 2007 Distinguished from demurrer in criminal case (Rule 119, Sec. 23) Rule 34 Judgment on the Pleadings (Section 1) Meneses vs. Secretary of Agrarian Reform, G.R. No. 156304, October 23, 2006 Distinguished from summary judgment Diman vs. Alumbres, 299 SCRA 459 (1998)

Rule 35 Summary Judgments (Sections 1 to 6) Ontimare vs. Elep, G.R. No. 159224, January 20, 2006 Motion required Asian Construction and Development Corp. vs. PCIB, G.R. No. 153827, April 25, 2006. Rule 36 Judgments, Final Orders and Entry (Sections 1 to 8) Form (Rule 36, Sec. 1) Concept of final judgment and final order See also Rule 41, Sec. 1 BA Finance Corp. vs. CA, 229 SCRA 566 (1994) Kinds (as to finality)

13

Rendition of judgment (Rule 36, Sec. 1) Entry of judgment (Rule 36, Sec. 2) Entry of satisfaction of judgment (Rule 39, Secs. 44 and 45) Kinds (as to process of procuring) Judgment on the pleadings, Rule 34 Judgment on demurrer to evidence, Rule 33 Summary judgments, Rule 35 Default judgments, Rule 9, Sec. 3 Judgments after ex parte presentation of evidence, Rule 18, Sec. 5 Orders for dismissal Motion to dismiss, Rule 16 Dismissals under Rule 17 Dismissals under Rule 18, Sec. 5 Dismissals under Rule 29, Sec. 5 Kinds (as to parties) As against one or more several parties, Rule 36, Sec. 3 Several judgment, Rule 36, Sec. 4 Against entity without juridical personality, Rule 36, Sec. 6 Kinds (as to claims) Entire At various stages or separate judgments, Rule 36, Sec. 5 See also Rule 41, Sec. 1 (g) Kinds (as to how executed) Judgments not stayed on appeal, Rule 39, Sec. 4 Judgments for money, Rule 39, Sec. 9 Judgments for specific acts, Rule 39, Sec. 10 Special judgments, Rule 39, Sec. 11 Effect of judgments and final orders Local, Rule 39, Sec. 47 Foreign, Rule 39, Sec. 48 Amendment of judgment Before it becomes final and executory Eternal Gardens Memorial vs. IAC, 165 SCRA 439 (1988) After it becomes final and executory Nunal vs. CA, 221 SCRA 26 (1993) Industrial Timber Corp. vs. NLRC, 233 SCRA 597 (1994) Supplemental judgment Esquivel vs. Alegre, 172 SCRA 315 (1989) Judgments nunc pro tunc Cardoza vs. Singson, 181 SCRA 45 (1990) Law of the case Bar by former judgment and conclusiveness of judgment distinguished

14

Del Rosario vs Far East Bank and Trust Company, G.R. No. 2007

150134, October 31,

Immutability of final judgment Griffith vs. Estur, G.R. No. 161777, May 7, 2008 Remedies against Judgments or Final Orders Remedies before finality of judgment 1. Motion for reconsideration 2. Motion for new trial 3. Appeal a. Ordinary appeal Rule 40 Rule 41 b. Petition for review Rule 42 Rule 43 c. Petition for review on certiorari Rule 45 Remedies after finality of judgment 1. Petition for relief from judgment 2. Annulment of judgment 3. Petition for certiorari New Trial or Reconsideration Rule 37 (Sections 1 to 9) Grounds and nature (Sec. 1) Motion for new trial (Sec. 1, par. 1) Distinguish from motion to reopen trial Motion for reconsideration (Sec. 1, par. 2) Periods (Sec. 1) For filing Effect of motion for extension of time to file See also Rule 41, Sec. 3, par. 2; Rule 40, Sec. 2. par. 2 Not required for appeal Second motion for new trial (Sec. 5, par. 1) Second motion for reconsideration (Sec. 5, par. 2) For resolution (Sec. 4) Contents In general (Sec. 2). See also Rule 15, Sec. 3 Motion for new trial (Sec. 2, par. 2) Motion for reconsideration (Sec. 2, par. 3)

15

Pro forma motion and its effects (Sec. 2, par. 4) Marina Properties Corp. vs. CA, 294 SCRA 273 (1998) Action by court Options in general (Sec. 3) Grant of motion for new trial (Sec. 6) Partial new trial or reconsideration (Secs. 7, 8) Denial Remedies (Sec. 9; Rule 41, Sec. 1 (a)) Appeal Ordinary Appeal Rule 40 MTC to RTC (Sections 1 to 9) Where to appeal (Sec. 1) When to appeal (Sec. 2) How to appeal (Sec. 3) Perfection of appeal (Sec. 4) See Rule 41, Sec. 9 Appellate court and other lawful fees (Sec. 5) Same as Rule 41, Sec. 4 Procedure in RTC (Sec. 7) Appeal from MTC order dismissing case a. without trial on the merits (Sec. 8, par. 1) b. with trial on the merits (Sec. 8. par. 2) Provost vs. CA, G.R. No. 160406, June 26, 2006 Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006 Rule 41 RTC to CA (Sections 1 to 13) Subject of appeal (Sec. 1) Non-appealable orders A.M. No. 07-7-12-SC (dated December 4, 2007 took effect on December 27, 2007) Amendments to Rules 41, 45, 58 and 65 Modes of appeal (Sec. 2) Period of ordinary appeal (Sec. 3) Interrupted by timely MNT or MR No motion for extension of time to file MNT or MR MR filed on last day of 15-day period Manila Memorial Park vs. CA, 344 SCRA 769 (2001 New rule on appeal after denial of MR or MNT Neypes vs. CA, 469 SCRA 633 (2005) When appeal allowed even if period to appeal has expired Trans International vs. CA, 285 SCRA 49 (1998) RTC cannot dismiss appeal on ground that only questions of law Kho vs. Camacho, 204 SCRA 150 (1991)

involved

16

Appellee who has not appealed may not obtain affirmative relief from appellate court Custodio vs. CA, 253 SCRA 483 (1996) Exception when there is solidarity in obligations Citytrust Banking Corp. vs. CA, 196 SCRA 553 (1991) Perfection of appeal (Sec. 9, 1st and 2nd pars.) Loss of jurisdiction (Sec. 9, 3rd and 4th pars.) Residual powers (Sec. 9, 5th par.) IAPOA Dismissal of appeal (Sec. 13) a. late fiiing b. non-payment of docket and other lawful fees Petition for Review Rule 42 RTC to CA (Sections 1 to 8) . Appeal from RTC decision rendered in the exercise of its appellate jurisdiction Ross Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August 16, 2005 Pure questions of law may be raised (Sec. 2) Macawiwili Gold Mining and Devt. Co, Inc. vs. CA, 297 SCRA 602 (1998) Effect of failure to comply with requirements (Sec. 3) Action by court (Sec. 4) a. Require filing of comment or b. Dismiss petition outright PPQ When petition given due course (Sec. 6) prima facie finding that lower court has committed errors of fact or law warranting reversal or modification Petition dismissed for late filing after finding the same prima facie meritorious Ditching vs. CA, 263 SCRA 343 (1996) Perfection of appeal (Sec. 8, 1st par. Loss of jurisdiction (Sec. 8, 2nd par.) Residual powers (Sec. 8, 3rd par.) IAPOA Effect of appeal (Sec. 8, 4th par.) General rule: shall STAY judgment or final order Exceptions: a. civil cases decided under the Rule on Summary Procedure b. when CA, law or Rules of Court provide otherwise Rule 43 Quasi-Judicial Agencies to CA

17

(Sections 1 to 13) Scope (Sec.1) Fabian vs. Desierto, 295 SCRA 440 (1998) Ombudsman criminal cases Supreme Court via Rule 65 Garcia-Rueda vs. Pascasio, 278 SCRA 269 (1997) Cases not covered (Sec. 2) St. Martin Funeral Home vs. NLRC, 295 SCRA 494 (1998) Decisions of Secretary of Labor and Director of Bureau of Labor Relations petition for certiorari to CA under Rule 65 Decisions of DOJ Secretary in petitions for review prosecutors resolutions petition for certiorari to CA under Rule 65 Santos vs. Go, 473 SCRA 350 (2005) Not applicable where there is error of jurisdiction Fortich vs. Corona, 289 SCRA 624 (1998) Where to appeal (Sec. 3) Pure questions of law may be raised Period of appeal (Sec. 4) How appeal taken (Sec. 5) Form and contents (Sec. 6) Effect of failure to comply with requirements (Sec. 7) - sufficient ground for dismissal Action by court (Sec. 8) a. Require fiing of comment or b. Dismiss petition outright PPQ When petition given due course (Sec. 10) prima facie finding that court or agency committed errors of fact or law warranting reversal or modification Effect of appeal (Sec.12) General rule: shall NOT STAY award, judgment, final order or resolution Exceptions: a. when CA directs otherwise b. when the law directs otherwise (additional exception) Lapid vs. CA, 334 SCRA 738 (2000 Petition for Review on Certiorari Rule 45 (Sections 1 to 9) What to file; from what courts (Sec. 1) CA, SB, CTA, RTC only Remedies of appeal and certiorari mutually exclusive; Rule 45 distinguished from Rule 65; petition for certiorari treated as petition for review Nunez vs. GSIS Family Bank, 475 SCRA 305 (2005) Only questions of law may be raised Questions of law and questions of fact distinguished; if no questions of fact, Rule 45 petition. China Road and Bridge Corp. vs. CA, 348 SCRA 401 (2000)

18

Time for filing (Sec. 2) Docket and other lawful fees (Sec. 3) Proof of service (Sec. 3) Contents of and documents to accompany petition (Sec. 4) Effect of failure to comply with requirements (Sec. 5, par. 1) - sufficient ground for dismissal Denial motu proprio (Sec. 5, par. 2) W(P)PQ Review discretionary (Sec. 6) - not a matter of right but of sound judicial discretion - granted only when there are special and important reasons Pleadings and documents that may be required (Sec. 7) to determine whether to dismiss or deny petition under Sec. 5 where petition given due course under Sec. 8 Rule applicable to both civil and criminal cases (Sec. 9) Petition for Relief from Judgments, Orders or Other Proceedings Rule 38 (Sections 1 to 7) Grounds and nature (Secs. 1, 2) Grounds Requires final judgment or loss of appeal Can this remedy be availed of in the Court of Appeals? Time for filing (Sec. 3) Strictly followed Escueta vs. Lim, G.R. No. 137162, January 24, 2007 Contents Affidavit of merit (Sec. 3) When motion for reconsideration considered as petition for relief Action of court before answer Power to deny (Sec. 4) Preliminary injunction pending proceedinsg (Sec. 5) Order to file answer (Sec. 4) Procedure Availability of preliminary injunction (Sec. 5) Proceedings after answer is filed (Sec. 6) Where denial of appeal is set aside (Sec. 7) Action of court after giving due course Grant of petition for relief (Sec. 7) Denial of petition for relief (Rule 41, Sec. 1 (b)) Remedies after petition for relief expires Reopening not allowed Alvendia vs. IAC, 181 SCRA 282 Annulment of Judgment Rule 47 (Sections 1 to 10) When remedy available Where applicable

19

People vs. Bitanga, G.R. No. 159222, June 26, 2007 Fraginal vs. Paranal, G.R. No. 150207, February 22, 2007 Grande vs. University of the Philippines, G.R. NO. 148456, September 15, 2006 Grounds (Sec. 2) Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996) Where petition filed (Secs. 1, 10) Period for filing (Sec. 3) Laches Marcelino vs. CA, 210 SCRA 444 (1992) Parties and contents (Sec. 4) May be filed by a non-party to the judgment Available even if judgment has been executed (Sec. 9) Islamic DaWah Council of the Phils. vs. CA, 178 SCRA 178 (1989) Action by the court (Sec. 5) Procedure (Sec. 6) Effect of judgment (Sec. 7) Suspension of prescriptive period (Sec. 8) Certiorari Rule 65 Constitutional provisions on judicial power Art. VIII, Sec. 1, par. 2, Constitution Petition for certiorari, in general (Sec. 1) Distinction between without jurisdiction, in excess of jurisdiction and grave of abuse of discretion Remedy to correct errors of jurisdiction Jamer vs. NLRC, 278 SCRA 632 (1997) Distinction between error of jurisdiction and error of judgment a. When court without jurisdiction and it rendered decision, committed error of jurisdiction - decision null and void even if correct, and remedy is certiorari. b. When court with jurisdiction and rendered decision, but decision not correct, committed error of judgment decision valid even if wrong, and remedy is appeal Questions of fact cannot be raised Day vs. RTC of Zamboanga City, 191 SCRA 610 (1999) Neither questions of fact nor of law entertained Romys Freight Service vs. Castro, 490 SCRA 165 (2006) Only issue involved is jurisdiction, either want of or excess thereof Gerardo vs. De la Pena, 192 SCRA 691 (1992) Distinction between certiorari under Rule 45 as a mode of appeal and certiorari under Rule 65 as a special civil action Banco Filipino Savings and Mortgage Bank vs. CA, 334 SCRA 305 (2000) No appeal, nor any plain, speedy and adequate remedy General rule, if appeal available, no certiorari Fajardo vs. Bautista, 232 SCRA 292 (1994)

20

Exceptions May be availed of even when appeal is available or period to appeal has expired Luis vs. CA, 184 SCRA 230 (1993) When appeal not adequate, or equally beneficial, speedy or adequate Jaca vs. Davao Lumber Co., 113 SCRA 107 (1982) Motion for reconsideration required; exceptions Tan vs. CA, 275 SCRA 568 (1997) Period for filing (Sec. 4) Discovery Read Rules 23 to 29 Deposition - definition and purposes People vs. Webb, 312 SCRA 573 (1999) When taken Dasmarinas Garments, Inc. vs. Reyes, 225 SCRA 622 (1993) When leave of court required Republic vs. Sandiganbayan, 204 SCRA 212 (1991) Request for admission Po vs. CA, 164 SCRA 668 (1988) Importance of discovery procedures A.M. No. 03-1-09-SC dated July 13, 2004 Guidelines to be observed by trial court judges and clerks of court in the conduct of pre-trial and use of deposition- discovery procedures Hyatt Industrial Manufacturing Corps. vs. Ley Construction and Development Corp., G.R. No. 147143, March 10, 2006 Rule 39 Execution (Secs. 1 to 48) Judgment or final order (Sec. 1) Losing party must first receive notice of the judgment before the court or its personnel can execute the judgment Office of the Court Administrator vs. Corpuz, 412 SCRA 1 (2003) Kinds of execution 1. According to nature a. Matter of right (Sec. 1) - enforceable by mandamus b. Discretionary (Sec. 2) 2. According to mode of enforcement a. By motion (Sec. 6, first sentence) b. By independent action (Sec. 6, 2nd sentence) Judgments which are immediately executory 1. MTC judgment in forcible entry and unlawful detainer (Rule 70, Sec. 19), or RTC judgment on appeal against defendant (Id., Sec. 21) Judgment in action for injunction, receivership, accounting, support (Sec. 4) Order of execution cannot be appealed (Rule 41, Sec. 1 (f)) Discretionary execution (execution pending appeal) (Secs. 2, 3, 5)

2.

21

1. When and where to file motion a. Before appeal perfected with trial court b. After appeal perfected with appellate court 2. Trial court can grant motion for execution pending appeal even after perfection of appeal (Sec. 9, last par.) Grounds of motion for execution pending appeal (Sec. 2(a), last par.) Execution pending appeal applies to election cases. Balajonda vs. COMELEC, G.R. No. 166032, February 28, 2005 Stay of execution pending appeal (Sec. 3) 1. Bonds in execution Bond filed by judgment debtor to stay execution pending appeal supersedeas bond (Sec. 3) 2. Bond of judgment obligor to enable sheriff to continue holding levied property after affidavit of third party claim filed with him (Sec. 16)

Effect of reversal of executed judgment on appeal (Sec. 5) Modes of execution (Sec. 6) 1. By motion within 5 years from date of entry of judgment 2. By independent action called revival of judgment after 5 years and before it is barred by statute of limitations Execution in case of death of party 1. Sec. 7 2. See effect of death of party on pending action (Rule 3, Sec. 16) Lifetime of writ of execution (Sec. 14) Jalandoni vs. PNB, 108 SCRA 102 (1981) Execution of judgments for money, how enforced (Sec. 9) 1. Immediate payment on demand 2. Satisfaction by levy Meaning of levy Fiestan vs. CA, 185 SCRA 751 (1990) - three different kinds of sales under the law (a. ordinary execution sale under Rule 39; b. judicial foreclosure sale under Rule 68; c. extrajudicial foreclosure sale under Act 3135) Execution of money judgments under Rule 39, Sec. 9 promissory note not allowed. Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02-1429-P), March 16, 2005 Effect of levy on execution as to third persons (Sec. 12) Campillo vs. CA, 129 SCRA 513 (1984) 3. Garnishment of debts and credits Meaning of garnishment Manila Remnant Co., Inc. vs. CA, 231 SCRA 281 (1994) Garnishment of bank deposits - does not violate bank secrecy law (RA 1405) Garnishment of public funds

22

Third party claim (Sec. 16) 1. How made 2. Who acts on the claim? If disapproved, remedies of third party claimant - file separate action to determine title or right of possession - file complaint for damages against bond filed by judgment creditor Sale on execution (Sec. 15) 1. Real property Personal property 3. In all cases Conveyance of property sold to highest bidder, how made (Secs. 23, 24, 25, 26)

2.

4.

Redemption (Secs. 27, 28) 1. Right of redemption a. Personal property b. Real property 2. Who may redeem? (Sec. 27) a. Judgment obligor or his successor in interest b. Creditor who is a redemptioner 3. Time and manner of, and amounts payable on, successive redemption, etc. (Sec. 28) a. Judgment debtor (or his successor in interest), if exercising redemption ahead of mere redemptioner within 1 year from date of registration of sheriffs certificate of sale (with Register of Deeds) b. Redemptioner exercising redemption ahead of judgment debtor (or his successor in interest) within 1 year from date of registration of certificate of sale c. Redemptioner redeeming from another redemptioner within 60 days after the last redemption Deed and possession after expiration of redemption period (Sec. 33) Purchaser or last redemptioner entitled to: 1. execution of final deed of sale by sheriff to enable purchaser of last redemptioner to consolidate his title to the property and to issuance by registry of deeds of new title in his name 2. physical possession of the property by means of a writ of possession against judgment obligor or his successor or interest or against any person who occupied the land after filing of case in which judgment was rendered and writ of execution was issued Where third party actually holding property before institution of case and adversely to judgment obligor Malonzo vs. Mariano, 170 SCRA 667 (1989) 1. When writ of possession may be issued: sale at public auction issued to purchaser where 12month redemption period had lapsed without any

23

redemption being made 2. land registration proceedings 3. judicial foreclosure provided debtor is in possession and no third person, not a party to the foreclosure suit, had intervened 4. extrajudicial foreclosure Issuance of writ of possession ministerial duty; pendency of civil case to annul foreclosure immaterial Entry of satisfaction of judgment by clerk of court (Sec. 44) Effects of judgments and final orders (Sec. 47) Bar by former judgment or res judicata (par. (b)) 2. Conclusiveness of judgment (par. (c)) Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007 Provisional Remedies Rule 57 Preliminary Attachment (Secs. 1-20) Nature of attachment Davao Light & Power Co., Inc. vs. CA, 204 SCRA 343 (1991) Olib vs. Pastoral, 188 SCRA 692 (1990) When issued; grounds (Sec. 1) 1. Action for recovery of specified amount 2. Action involving embezzled property 3. Action to recover property fraudulenty taken 4. Action involving fraud in contracting or performing obligations 5. Action against party who has removed or disposed of property to defraud creditors 6. Action against non-resident defendant Issuance and contents of order (Sec. 2) Attachment bond required (Secs. 3, 4) Writ may issue ex parte; prior or contemporaneous sevice of summons required for enforcement (Sec. 5) Davao Light & Power Co., Inc. vs. CA, supra When attachment may be enforced without service of summons Valmonte vs. CA, 252 SCRA 92 (1994)

1.

3.

Upon giving counterbond (Sec. 12) 2. On other grounds (Sec. 13) Judgment rendered against attaching party dismissal

1.

Discharge of attachment

24

of principal action (Sec. 19) Third party claim (Sec. 14) Same procedure as in Sec. 16, Rule 39 in levy of property on execution claimed by third party Traders Royal Bank vs. IAC, 133 SCRA 141 (1984) Satisfaction of judgment out of property attached (Sec. 15) Claims for damages on account of improper, irregular or excessive attachment (Sec. 20) Pacis vs. Comelec, 29 SCRA 24 (1969) Rule 58 Preliminary Injunction (Secs. 1 to 9) Preliminary injunction defined (Sec. 1) Injunction as a main action Hernandez vs. National Power Corporation, G.R. No. 145328, Nature and purpose Sabalones vs. CA, 239 SCRA 79 (1994) Ulang vs. CA, 225 SCRA 637 (1993) Which court may issue writ (Sec. 2)

March 23, 2006

Territorial jurisdiction to issue writ Decano vs. Edu, 99 SCRA 410 (1980) Grounds for issuance (Sec. 3) Acts consummated may not be enjoined; exceptions Verzosa vs. CA, 299 SCRA 100 (1998) When injunction is improper Tay Chun Suy vs.CA, 229 SCRA 151 (1994) Laws prohibiting injunction PD 605 cases involving concessions, licenses, and other permits issued by public administrative officials or bodies for exploitation of natural resources PD 1818 cases involving infrastructure and natural resources projects of, and public utilities operated by, the government PD 385 against any government financial institution taking foreclosure of loans of which at least 20% thereof are outstanding Exceptions Hernandez vs. National Power Corporation, G.R. No. 145328, March 23, 2006 Verified application and bond (Sec. 4) Not granted without notice; exception (Sec. 5) Distinction between RTC, CA and SC TROs Federation of Land Reform Farmers of the Phils. vs. CA, 246 SCRA 175 (1995)

25

Dissolution of injunction or TRO (Sec. 6) *Counterbond person enjoined wll pay all damages which applicant may suffer by the denial or dissolution of the injunction or restraining order Judgment to include damages against party and sureties (Sec. 8) Same procedure as in Sec. 20, Rule 57 When final injunction granted (Sec. 9) Rule 59 Receivership (Sections 1 to 9) Receiver defined Normandy vs. Duque, 29 SCRA 385 (1969) Appointment of receiver (Sec. 1)

Receivership in aid of execution of judgment under Rule 39, Sec. 1 2. Bank receivership 3. Receivership in petitions for insolvency under the Insolvency Law Notice and hearing required - incumbent upon applicant to present evidence to establish condition precedent that property is in danger of being lost. removed or materially injured unless a receiver is appointed to guard and preserve it Oath and bond of receiver (Secs. 2,4) Denial of application or discharge of receiver (Sec. 3) 1. Upon motion and prior notice, receivership may be discharged if it shown that his appointment was obtained without sufficient cause; 2. Adverse party files a counterbond will pay applicant all damages he may suffer by reason of acts, omissions, or other matters specified in the application as ground for such appointment. (Compare to counter-bond in injunction). General powers of receiver (Sec. 6) Judgment to include recovery against sureties (Sec. 9) Same procedure as in Rule 57, Sec. 20 See Rule 58, Sec. 8 Rule 60 Replevin (Sections 1 to 10) Replevin defined BA Finance Corp. vs. CA, 258 SCRA 102 (1996) Nature

1.

Receivership other than that under Rule 58

26

Chiao Liong Tan vs. CA, 228 SCRA 75 (1993) Application (Sec. 1) Affidavit and bond (Sec. 2) Foreclosure of chattel mortgage Northern Motors, Inc. vs. Herrera, 49 SCRA 392 (1973) Replevin does not issue against property in custodia legis Order to deliver property (Sec. 3) Where writ may be served (anywhere in the Phils.) Is hearing required? (Compare to preliminary attachment and preliminary injunction) N.B. Unlike in attachment and injunction which is usually issued only after hearing, with certain exceptions, order for delivery of personal property as a provisional remedy is issued ex parte and, given the requisites for its issuance, is granted as a matter of course. Return of property (Sec. 5) *Counterbond double the value of the property, for delivery thereof to the applicant, if such be adjudged, and for payment of such sum as may be recovered against the adverse party Disposition of property by sheriff (Sec. 6) - property seized not to be delivered immediately to plaintiff but must retain it in custody for 5 days and shall return it to the defendant if the latter files a counterbond and requires its return - counterbond must be filed within 5 days from taking of property; period mandatory, so that a lower court which approves a counterbond filed beyond the period acts in excess of jurisdiction Third party claim (Sec. 7) See Rule 39, Sec. 16; Rule 57, Sec. 14 Judgment to include recovery against sureties (Sec. 10) Same procedure as in Rule 57, Sec. 20 See Rule 58, Sec. 8; Rule 59, Sec. 9 Rule 61 Support Pendente Lite (Sections 1 to 7) Support during pendency of action for support Pendente lite pending or during litigation N.B. Amount of support temporarily fixed by the court in favor of the persons entitled thereto during the pendency of the action for support 1. Support pendente lite in other actions habeas corpus filed by the mother on behalf

27

2.

of a minor child against the father, where the father has recognized the child as his own and has not been giving him support rape cases for the offspring of the accused as a consequence thereof

Special Civil Actions Rule 62 Interpleader (Sections 1 to 7) Interpleader defined Beltran vs. Peoples Homesite and Housing Corp., 29 SCRA 145 (1969) Rule 63 Declaratory Relief and Similar Remedies (Sections 1 to 6) Declaratory relief defined Board of Optometry vs. Colet, 260 SCRA 88 (1996) Distinguish from interpleader N.B. Interpleader - filed by person who claims no interest whatsoever in the subject matter. Declaratory relief party seeking relief has legal interest in the controversy When remedy improper where there is a breach of a contract, or violation of statute or right Ollada vs. CB, 5 SCRA 297 (1962) Conversion into ordinary action (Sec. 6) - the parties may then amend their pleadings accordingly RTC has exclusive jurisdiction SC has no jurisdiction over petitions for declaratory relief Rule 64 Review of Judgments and Final Orders or COMELEC and COA (Sections 1 to 9) What may be reviewed by the Supreme Court Garcia vs. CA, 259 SCRA 99 (1996) Motion for reconsideration of decision of COMELEC Division required; not of COMELEC En Banc N.B. Sec. 1 (d) of COMELEC Rules of Procedure = no MR of en banc ruling, resolution, order or decision except in election cases. N.B. MR of COMELEC Division ruling should first be filed with COMELEC En Banc, whose decision may be brought on certiorari to SC. Exc. when division committed grave abuse Resolutions of

28

of discretion, in which case the aggrieved party may directly file a petition for certiorari with SC

Rule 65 Prohibition and Mandamus Prohibition (Sec. 2) Nature and purpose Vergara vs. Rugue, 78 SCRA 312 (1977) The writ of prohibition does not lie against the exercise of a quasi-legislative function Holy Spirit Homeowners Association vs. Defensor, G.R. No. 163980, August 3, 2006 Mandamus (Sec. 3) Will not issue to compel a discretionary act Sharp International Marketing vs. CA, 201 SCRA 299 (1991) Mandamus is available only to compel the doing of an act specifically enjoined by law as a duty Henares, Jr. vs. Land Transportation Franchising and Regulatory Board, G.R. No. 158290, October 23, 2006 Exception where there is grave abuse of discretion First Philippine Holdings vs. Sandiganbayan, 253 SCRA 30 (1996) Common requisites (Secs. 5 to 9) 1. Verified petition 2. When and where to file petition 3. Jurisdiction to issue writ Fortich vs. Corona, 289 SCRA 624 (1998) 4. Who should be respondents 5. Contents of petition 6. Non-forum shopping certification

Rule 66 Quo Warranto (Sections 1 to 12) Definition Quo warranto and mandamus distinguished Lota vs. CA, 2 SCRA 715 (1961) Period for filing within one (1) year from date petitioner ousted from his position Galano vs. Roxas, 67 SCRA 8 (1975) Exception Cristobal vs. Melchor, 78 SCRA 175 (1977) Rule 66 of the 1997 Rules of Civil Procedure does not apply to quo warranto cases against persons who usurp an office in a private corporation.

29

Calleja vs. Panday, G.R. No. 168696. February 28, 2006. Rule 67 Expropriation (Sections 1 to 14) Distinction between eminent domain and expropriation Stages of expropriation Period to appeal from order of expropriation Municipality of Binan vs. Garcia, 180 SCRA 576 (1989) Meaning of just compensation Rep. Act No. 8974 mandates immediate payment of the initial just compensation prior to the issuance of the writ of possession in favor of the Government.. Republic vs. Gingoyon, G.R. No. 166429, December 19, 2005 Motion to dismiss is not permitted in a complaint for expropriation. Masikip vs. City of Pasig, G.R. No. 136349, January 23, 2006 Writ of possession Republic vs. Tagle, 299 SCRA 549 (1998) Rule 68 Foreclosure of Real Estate Mortgage (Sections 1 to 8) Indispensable and necessary parties in foreclosure complaint Modes of foreclosure of real estate mortgage Judicial Rule 68 Extrajudicial Act No. 3135, as am. by Act No. 4118 Modes of foreclosure of chattel mortgage Judicial Rule 68; Replevin under Rule 60 may be availed of to secure possession of property as preliminary to its sale Extrajudicial Section 14, Act No. 1508 Equity of redemption Limpin vs. IAC, 166 SCRA 87 (1988) No right of redemption in judicial foreclosure of real estate mortgage except when allowed by law Ex. Sec. 47, General Banking Law of 2000 (RA 8791) Right of redemption in extrajudicial foreclosure Rosales vs. Yboa, 120 SCRA 869 (1983) Filing of court action to enforce redemption has effect of preserving redemptioners rights and freezing expiration of one year period.

30

Banco Filipino Savings and Mortgage Bank vs. CA,463 SCRA 64 Prescriptive period to file action for deficiency in extrajudicial foreclosure of real estate mortgage - Ten (10) years (Arts. 1144 and 1142, Civil Code) Writ of possession is a non-litigious proceeding - no need for notice to adverse party De Vera vs. Agloro, 448 SCRA 203 (2005) Writ of possession is like a writ of execution PNB vs. Sanao Marketing Corp., 465 SCRA 287 (2005) An action to invalidate the mortgage or the foreclosure sale is not a valid ground to oppose issuance of writ of possession. Sps. Arquiza vs. Court of Appeals, G.R. No. 160479, June 8, 2005 Rule 69 Partition (Sections 1 to 13) Partition defined Villamor vs. CA, 162 SCRA 574 (1988) MTC may have jurisdiction in actions for partition Real property - P20,000.00/P50,000.00 Personal property P300,000.00/P400,000.00 Final order decreeing partition and accounting appealable (Sec. 2) Appeal period 30 days Action for partition raises two issues 1. whether plaintiff is co-owner of property 2. assuming plaintiff is co-owner, how to divide the property between plaintiff and defendant or among the co-owners Who are indispensable parties All the co-owners (Rule 3, Sec. 7) Who may effect partition Alejandrino vs. CA, 295 SCRA 536 (1998) Extrajudicial partition by heirs (Sec. 1, Rule 74) Partition of personal property (Sec. 13) Rule 70 Forcible Entry and Unlawful Detainer (Sections 1 to 21)

31

Distinguish the different actions to recover possession of real property 1. forcible entry and unlawful detainer 2. accion publiciana RTC has jurisdiction where cause of dispossession not among grounds for FEUD, or possession lost for more than one year Natalia Realty vs. CA, 391 SCRA 370 (2002) 3. accion reivindicatoria Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006 The RTC does not have jurisdiction over all cases of recovery of possession regardless of the value of the property involved Quinagoran vs. Court of Appeals, G.R. No. 155179. August 24, 2007 Atuel vs. Valdez, June 10, 2003, 403 SCRA 517, 528. When the complaint fails to aver facts constitutive of forcible entry or unlawful detainer Valdez, Jr. vs. Court of Appeals, G.R No. 132424, May 4, 2006 Jurisdiction - Municipal Trial Court Exception estoppel by laches Velarma vs. CA, 252 SCRA 406 (1996) Effect of claim of ownership on MTC jurisdiction Hilario vs. CA, 260 SCRA 420 (1996) Cases that do not prejudice ejectment suit Wilmon Auto Supply Corp. vs. CA (cited in Hilario) Forcible entry distinguished from unlawful detainer Prior possession Forcible entry - required Unlawful detainer not required Possession by tolerance Heirs of Rafael Magpily vs. De Jesus, 474 SCRA 366 (2005) When to count one-year period Forcible entry from actual entry except when there is stealth Ong vs. Parel, 355 SCRA 691 (2001) Unlawful detainer from last demand to vacate Labastida vs. CA, 287 SCRA 662 (1998) Exception: date of the original demand if the subsequent demands are merely in the nature of reminders or reiterations of the original demand. Racaza vs. Gozum, 490 SCRA 313 (2006) Damages that can be recovered - fair rental value or the reasonable compensation for the use and occupation of the leased property.. Dumo vs. Espinas, G.R. No. 141962, January 25, 2006 Summary nature of FEUD See Rule on Summary Procedure Judgment immediately executory when stayed (Sec. 19) cannot be stayed (Sec. 21)

32

Ejectment case survives death of defendant Vda de Salazar vs. CA, 250 SCRA 305 (1995) Rule 71 Contempt (Sections 1 to 12) Contempt defined Distinction between Direct and indirect contempt Criminal and civil contempt Two ways of initiating indirect contempt proceedings (Sec. 4) Remedies Direct contempt (Sec. 2) Indirect contempt (Sec. 11) Use of falsified and forged documents constitutes indirect contempt not direct contempt Judge Dolores Espanol vs. Atty. Benjamin Formoso, G.R. No. 150949, June 21, 2007