CIVIL PROCEDURE -JUDGE wherein assessed value may change).

Assessed Value is used to determine

Court Jurisdiction because it is a constant figure.

MARINAS >Eg. Contract with an Engineer to build a house. Contract period expired but
assessed value prevails.” So it doesn’t matter whether you are after the
> was not created in order to provide that every time there is a portion entire property or just a portion. What you look at is the assessed value of
involved, mathematical calculation is then called for. The intent of the law is the entire value of the property. The law Remember, “or any interests
to take the entire assessed value of the property sed value of the entire therein”. Eg.Moving Fence. Plaintiff files a case
property to be property). If Monetary Claims, to determine jurisdiction, exclude the
encroached upon. Assessed value of the entire property of the plaintiff is interests, the penalties, the surcharges. It is only the principal amount that
P50,000.00. Thus, petitioner filed before RTC. Defendant moves for Motion will determine jurisdiction. But if damages, add everything to determine
to Dismiss because he alleges that the RTC has no jurisdiction. Defendant jurisdiction.
alleges that 50m2 of land does not amount to P50,000.00, but only
P5,000.00, thus to be filed before the MTC. Therefore, defendant alleges >Eg. Collection of sum of money (MONEY CLAIM – PROM NOTE).
that the case is to be dismissed for lack of jurisdiction. (Can the court, on its Principal obligation is P150,000.00. Since there is delay, interest is in the
own, without any motion, dismiss a case when it has no jurisdiction? YES). amount of P50,000.00. In the Promissory Note, there are also Penalties and
You are now the Judge. Will you grant the motion? No. Deny the motion to , the assessed value should determine the jurisdiction of the court.
dismiss because the court has jurisdiction. The Law says that, “recovery of Even if he is only claiming an interest in the property, the law (no need
property or ownership or any interest therein – the assessed value prevails.” to give specifics) says that it is the asses that these have been cancelled
So it doesn’t matter whether you are after the entire property or just a and are now in the name of the defendantnts the certificate of stocks back to
portion. What you look at is the assessed value of the entire value of the his name. What do the Certificates of Stocks represent? Shares in the
property. The law Remember, “or any interests therein”. Eg.Moving company, which means money is invested in the company. The Certificates
Fence. Plaintiff files a case for Recovery of Possession of land encroached of Stocks represent an amount (shares). Thus, the Ultimate Ob
upon. Assessed value of the entire property of the plaintiff is P50,000.00. >One per major island. 69 justices in the CA (1 division = 3, 23 all in all).
Thus, petitioner filed before RTC. Defendant moves for Motion to Dismiss Head of CA is the Presiding Justice
because he alleges that the RTC has no jurisdiction. Defendant alleges that and Appellate Jurisdiction
50m2 of land does not amount to P50,000.00, but only P5,000.00, thus to be expert witness. When asked to rule on a motion, either grant or deny.
filed before the MTC. Therefore, defendant alleges that the case is to be NEVER DISMISS. Eg. I will deny the motion because the RTC has
dismissed for lack of jurisdiction. (Can the court, on its own, without any jurisdiction. Under the law granting jurisdiction to courts, it states that
motion, dismiss a case when it has no jurisdiction? YES). You are now the recovery of ownershi which simply means that when Courts exercise
Judge. Will you grant the motion? No. Deny the motion to dismiss because concurrent jurisdiction, then file it before the house is still unfinished. Four
the court has jurisdiction. The Law says that, “recovery of property or posts were agreed upon but only 3 posts were made. A year was given for
ownership or any interest therein – the assessed value prevails.” So it the completion; however, the year has lapsed) SUPREME COURT (SC)
doesn’t matter whether you are after the entire property or just a portion. >15 justices. Can sit en banc, in different divisions depending on what is
What you look at is the assessed value of the entire value of the property. being decided. Chief Justice of the Philippines
The law Remember, “or any interests therein”. Eg.Moving Fence. Plaintiff
files a case for Recovery of Possession of land encroached upon. Assessed
value of the entire property of the plaintiff is P50,000.00. Thus, petitioner JUNE 19, 2013
filed before RTC. Defendant moves for Motion to Dismiss because he
unfinished. What are the COA incapable of PE? If the COA is for the
alleges that the RTC has no jurisdiction. Defendant alleges that 50m2 of
Engineer to finish the house as agreed upon, then it is incapable of PE, as it
land does not amount to P50,000.00, but only P5,000.00, thus to be filed
. The defendant executed a DOS purportedly from the plaintiff to the
before the MTC. Therefore, defendant alleges that the case is to be
defendant forging the signature of the Plaintiff making it possible the
dismissed for lack of jurisdiction. (Can the court, on its own, without any
cancellation and transfer to the defendant. Plaintiff files a case consuls, and
motion, dismiss a case when it has no jurisdiction? YES). You are now the
ministers.
Judge. Will you grant the motion? No. Deny the motion to dismiss because
the court has jurisdiction. The Law says that, “recovery of property or
, with money having been given and
ownership or any interest therein – the assessed value prevails.” So it
of “Cancellation of Certificates of Stocks in the name of defendant,
doesn’t matter whether you are after the entire property or just a portion.
Declaration of Nullity of the Deed of Sale, and Damages.
What you look at is the assessed value of the entire value of the property.
>Using the Nature of the Action test, is it now capable or incapable of PE? It
The law
is incapable be FIRST HOUR
3.) Actions in Admir
>Original- Covers both Exclusiv appellate jurisdiction? YES. Under original,
JUNE 13, 2013
does it have exclusive jurisdiction?
CIVIL ACTION be filed before the RT

1
the assessed value is above P20,000.00, file before the RTC. If the Yes.
How about concurrent? Yes. RTC’s concurrent jurisdiction is with the CA and 2.) Recovery of Real Property (or ownership of real property or any interest
the SC as to petition for Certiorari, petitions of Mandamus for MTCs. RTC’s therein). Eg. Acion Publiciana (Recovery of Possession) vs Acion
concurrent jurisdiction with the SC would involve actions affecting Reinvindicatoria (Recovery of Ownership). Whether the former or later for a
>Eg. Plaintiff entrusted his certificate of stocks to the defendant because the real property or any interest therein, the assessed value of the real
former had to leave for abroad. After years petitioner comes C. property must be determined(refer to the TAX DECLARATION of the
property, whether or not covered by a title. Tax declarations are not proofs
>2 VIEWS/TESTS of determining whether a case is incapable of PE. of ownership; rather, they only show that they are paying taxes over said
>1. Nature of the Action Test (NAT): Read the complaint (Eg. Specific property) Shows good faith that person intends to own the property. Real
Performance “I want my house completed”). Above example is incapable of property taxes are paid every year. Assessed Value is not the same as
PE Market Value. Market Value is always higher. Market value is the amount
e and Concurrent 0.00, which is above P20,000.00, then the RTC has that the seller is willing to accept and the buyer is willing to pay. It is not
jurisdiction.MAKE YOUR ANSWERS COMPLETE, COMPREHENSIVE, constant (fluctuates depending on prevailing conditions). Assessed Value,
and AUTHORITATIVE.Avoid qualifying if facts are clear. however, is constant (unless tax mapping is made depending on changes,
Surcharges for delay amounting to P100,000.00. Attorney’s fees of

SECOND HOUR P107,000.00. Total of P407,000.00. Where to file? MTC, because we will
only consider the principal amount of the loan which is P150,000.00. The
Remember, “or any interests therein”. Eg.Moving Fence. Plaintiff files a
term used by the law is “other cases where the demand exclusive of interest,
case for Recovery of Possession of land encroached upon. Assessed value
damages, attorney’s fees, litigation expenses….”.
of the entire property of the plaintiff is P50,000.00. Thus, petitioner filed
before RTC. Defendant moves for Motion to Dismiss because he alleges
>Eg. But if it is a claim of damages… Actual damages of P150,000
that the RTC has no jurisdiction. Defendant alleges that 50m2 of land does
home and asks defendant to turn over the Certs of Stocks. Defendant a
not amount to P50,000.00, but only P5,000.00, thus to be filed before the
considered. Since the assessed value of the entire real property is
MTC. Therefore, defendant alleges that the case is to be dismissed for lack
P50,00
of jurisdiction. (Can the court, on its own, without any motion, dismiss a case
4.
when it has no jurisdiction? YES). You are now the Judge. Will you grant the
>In cases of Concurrent Jurisdiction, we apply the Doctrine of
motion? No. Deny the motion to dismiss because the court has jurisdiction.
1.) RTC’s Exclusive Jurisdiction would cover actions that are incapable of
The Law says that, “recovery of property or ownership or any interest therein
pecuniary estimation (PE).Pecuniary – capable of being equated with
– the assessed
money. (eg. Specific Performance)
alty or Maritime Jurisdiction. Law of the Sea.Jurisdictional amount of
Courts: Look at the amount of the claim. If the claim is above P300,000.00,
lower court (Respect for the higher courts, lesser expenses (cheaper), and
t
most important reason is that it affords more remedies of appeal.
>Civil Actions: Sum of Money, Recovery of Possession,
>There is only one case jective of the P
under the original and exclusive jurisdiction of the CA (Annulment of RTC
>Using the Ultimate Goal (End Goal). If the End Goal is money, then the
judgments)
case is capable of PE. What does the defendant want in the end? He wais
Specific Performance (Principal) p Hierarchy of Courts,
JURISDICTION
in the quiz or exam about the problem above, answers must always be
p or possession of any real property or any interest therein hen it
authoritative (must have basis). Avoid using phrases such as “in my
belongs
opinion” because no one cares, unless you are an laintiff is to get back
>If
the monetary value of the Certificate of Stocks. Thus if the Ultimate
.>In Metro Manila, above P50,000.00 for RTC, and P50,000.00 and below
Objective Test is used, then the case is capable of PE
for MeTC. Standards of Living in Manila is much higher.
value prevails.” So it doesn’t matter whether you are after the entire property
or just a portion. What you look at is the assessed value of the entire value
of the property. The law Remember, “or any interests therein”.
> In the Philippines, the Prevailing Jurisprudence, we make use of the
Eg.Moving Fence. Plaintiff files a case for Recovery of Possession of land
Nature of the Action Test.
encroached upon. Assessed value of the entire property of the plaintiff is
Expropriation Cases (Exercise of the power of eminent domain). This is a
P50,000.00. Thus, petitioner filed before RTC. Defendant moves for Motion
special action wherein the State takes private property for public use upon
to Dismiss because he alleges that the RTC has no jurisdiction. Defendant
payment of just compensation. When NAT is applied, then the case is
alleges that 50m2 of land does not amount to P50,000.00, but only
incapable of PE. But if we use the UOT, then we will have to go to the
P5,000.00, thus to be filed before the MTC. Therefore, defendant alleges
assessed value of the property, and the value would then set jurisdiction.
that the case is to be dismissed for lack of jurisdiction. (Can the court, on its
But the SC settled the issue in a case saying that it is the NAT that prevails
own, without any motion, dismiss a cas for Recovery of
since Expropriation is incapable of PE, thus filed before the RTC regardless
to the RTC. (In Metro Manila RTC, above P400,000.00). However, if
of the value of the property.
P300,000.00 and below, then MTC (In Metro Manila MeTC, P400,000.00 and

2
below). Eg. Your cargo is jettisoned off of a ship and you want the shipper
to pay it. Determine the amount of the cargo to arrive at its jurisdiction. >Take note that no lawyer must appear as a counsel before the Lupon. What
ambassadors, the house cause there is no monetary equivalent if the plaintiff or any of the parties is incapable/ is disabled/ is incapacitated?
(Cancellation, Declaration). Thus, file this with the RTC. Then can be assisted by a next of kin who is not a lawyer.Supposing there is
an exception (eg. Residents of different Cities/ Municipalities), then state that
lus Damages (Incidental). Thus, the case is to assessed value is “this case has not been referred to the Lupon because plaintiff and defendant
P20,000.00 and below, file before the MTC. This refers only to places are residents of different Cities/Municipalities.”
outside Metro Manila
RTC 2.) SECOND EXCEPTION:

>Does it have an original and >One of the Parties is the Government or any subdivision or instrumentality

>2. Ultimate Objective Test (UOT): Look at the ultimate goal of the thereof. If you are suing the Gov’t, Municipality, or Brgy, then bring the action

complainant. to Court. State in the complaint that, “This has not been referred to the Lupon
because one of the parties is a Gov’t institution/subidivision/instrumentality”

4.) Matters of Probate, whether testate or intestate (settlement of estates). 3.) THIRD EXCEPTION:

Apply the same Jurisdictional Amount. (No will shall pass property unless >One of the Parties is an Artificial Person (A creation of law, eg. Corporation,

probated. 2 stages, 1st – whether will was executed as required by law. 2nd- association, partnership, organization, etc.).State in the complaint the above

). Look at the “GROSS VALUE” of the Estate of the deceased (total value). reason.

Afterwards, apply jurisdictional amounts.

4.) FOURTH EXCEPTION:

5.) Claims for damages (and Monetary claims- contracts involving money, If the properties subject of the case are located in different

like a Promissory Note) or Actions involving personal property (movables). Cities/Municipalities (Real Properties)

Eg. Car borrowed but was never returned, then file Recovery of Personal
Property (No theft, because property was lent “with consent”). Basis would VENUE
be Jurisdiction Amounts (amount of damages or value of personal e when 1.) BARANGAY:
it has no jurisdiction? YES). You are now the Judge. Will you grant the >If parties reside in different Brgys (Same City/Municipality), then complaint
motion? No. Deny the motion to dismiss because the court has jurisdiction. may be brought before either BrgyLupon (under the law, any of the 2
The Law says that, “recovery of property or ownership or any interest therein Lupons).
– the Possession of land encroached upon. Assessed value
of the entire property of the plaintiff is P50,000.00. Thus, petitioner filed >For enforcement of settlement, it is much better that said complaint is
before RTC. Defendant moves for Motion to Dismiss because he alleges brought before a defendant’s Brgy.Eg. Plaintiff (Brgy.ABC) and Defendant
that the RTC has no jurisdiction. Defendant alleges that 50m2 of land does (Aurora Hill).May 1, 2013, demand letter was ignored. Plaintiff brings case
not amount to P50,000.00, but only P5,000.00, thus to be filed before the before Aurora Hill Lupon. Lupon calls for the defendant and a settlement is
MTC. Therefore, defendant alleges that the case is to be dismissed for lack reached. Plaintiff allows defendant to pay in installment (1st installment June
of jurisdiction. (Can the court, on its own, without any motion, dismiss a case 10, and every 10th of the month thereafter P20,000.00). Defendant binds
when it has no jurisdiction? YES). You are now the Judge. Will you grant the himself to do so. Settlement signed by plaintiff and defendant. (The moment
motion? No. Deny the motion to dismiss because the court has jurisdiction. a settlement is reached in the Brgy, it becomes final and executory from the
The Law says that, “recovery of property or ownership or any interest therein execution of the settlement within 10 days. If neither would question or
– the assessed value prevails.” So it doesn’t matter whether you are after repudiate the settlement after the end of the 10-day period, the agreed
the entire property or just a portion. What you look at is the assessed value settlement becomes final and has the binding force and effect of a decision
of the entire value of the property. The law Remember, “or any interests between the parties. If there is repudiation, then get a Certificate of no action
therein”. Eg.Moving Fence. Plaintiff files a case for Recovery of Possession and file the case in court.
of land voids petitioner, and the latter goes to the company that issued the
stocks and gets surprised that he did not have any share in the company, >Whose responsibility is it to enforce the settlement in the Brgy? The
into consideration. Lupon.The Lupon will find it easier to enforce settlement against their own
constituent and thus avoid inconvenience and delay.
>When asked, Moral damages of P150,000, Attorney’s Fees of P107,000,
amounting to P407,000.00. File before the RTC. Include all because we are >Another scenario. Eg. Defendant pays for 2 months but then fails to pay
dealing with damages. (No interests because – damages). Total amount later. The BrgyLupon has 6 months to enforce settlement. 6 months went by
determines jurisdiction. and still no payment. Brgy. Is helpless and can’t enforce. What is the
Remedy of plaintiff? He can now go to Court.File for the “Enforcement of a
6.) All cases not falling within the jurisdiction of any other courts, tribunals, Brgy Settlement”.(Like implementing a decision).If the COA arises from the
quasijudicial agencies, or administrative agencies, file before the RTC –
Forcible Entry, Damages, Specific Performance, etc.
3
business place, workplace, or school, the case can be filed the the Lupon MeTC). Admiralty and Maritime Jurisdiction with a Jurisdictional Amount of
where said places are located. P300,000.00 and below (P400,000.00 and below MeTC). Probate of Estate
– Gross Value of the Estate as to Jurisdictional Amount.Damages –
2.) COURT (with COA) Jurisdictional Amount.
>Jurisdiction- Authority of a court to hear and determine a case.Authority is
given by the law (BP 129 as amended by RA 7651). Jurisdiction can either FAMILY COURTS:
be Original or Appellate. Original- Court can hear it for the first time. >Most cases under said courts are mostly criminal procedures or under
Exclusive Original Jurisdiction- A Court that can solely hear a case. special proceedings, and not under civil procedures. The Family Courts, as
Concurrent OJ- Several Courts can hear a case. Appellate- Case has been envisioned by the law, have not yet come into existence ( no budget daw).
decided by another court but a second look is given So the SC designated RTCs to be Family Courts.
>There should be a Family Court in each City and Province (Capital Town) of
LEVELS OF COURTS the Country. If the Capital Town is also a City, then that is where the FC is to
1.) FIRST LEVEL COURTS(MTC)- Formerly Justice of Peace. They all be found.
have the same jurisdiction >Jurisdiction in criminal cases- Where the accused is a minor / victim is a
>Municipal Trial Court (MTC) – In capital towns. Municipal Circuit Trial Court minor.
(MCTC)- Two or more adjoining Municipalities are circuitized and grouped >RTC – 6 years, 1 day and up. MTC – 6 years and below.
together where there is only one Court, located in the town/municipality >Eg. Crime is Reckless Imprudence (under Art. 365 of RPC ) resulting in
closest to civilization or the town that has the biggest population. (MCTC of homicide. A 4-year-old was sideswiped. Parents file a criminal case.
Municipality A, Municipality B, and Municipality C, etc). Metropolitan Trial Accused is an adult. Accused raised Motion to Dismiss for lack of jurisdiction
Court (MeTC)- Only in Metro Manila (only one court with several branches). daw. He says that he is not a minor, and that private complainant are not
Municipal Trial Court in Cities- One in each city with several branches minors as well. NO. Victim is a minor (Law uses the term “victim”, not private
complainant). There is a difference between victim and private complainant.
2.) REGIONAL TRIAL COURT (RTC)- Formerly referred to as the CFI (MTC has jurisdiction over all reckless imprudence cases regardless of the
>Country is divided into Judicial Regions (Baguio belongs to the 1st Judicial resulting injury.
Region). One RTC for each Judicial Region, with several branches. >When does the RTC have jurisdiction over Reckless Imprudence? When
accused abandons the victim, or death occurs, and at the time of Reckless
3.) COURT OF APPEALS (CA)- Formerly IAC Imprudence the accused was violating any traffic laws).
>Eg. There are 5 accused ages 16, 21, 23, 25, and 26. Where to file the
7.) Intracorporate Controversies, Intercorporate controversies, disputes case? Family Court.
between stockholders against stockholders, disputes between stockholders >Civil Cases- In the Family Court, a civil case may be filed as to Annulment
against the corporation, etc. All under the jurisdiction of the RTC (previously of Marriage, Legal Separation, etc. Anything involving the Family goes to the
under jurisdiction of SEC) Family Court.

>Appellate Jurisdiction of RTC- Over decisions of the MTC within their SPECIAL JURISDICTION OF THE MTC
respective territories. >In criminal law, every person has the right to bail (unless for capital
offenses and evidence of guilt is strong).
MUNICIPAL TRIAL COURT: >Eg. A person is charged with homicide. Is homicide bailable? Yes. Murder
>Does the MTC have Original and Exclusive Jurisdiction? Yes. How is not. But we can apply for bail and prove that the evidence of guilt is not
about Original and Concurrent Jurisdiction? None. How about Appellate strong. Now accused is in jail and wants to post bail. But no judges are
Jurisdiction? None. (Ejectment Cases) Forcible Entry (Action interdictal), available. The only one left is an MTC judge. However, the MTC has no
Unlawful Detainer.Do not look at the assessed value. Forcible Entry- jurisdiction over Homicide (Reclusion Temporal – 12 years, 1 day to 20
Illegal intrusion of property, unlawful deprivation of property thru (Force, years). Still, accused wants to post bail. (It’s easier to kill your wife than to
Intimidation, Strategy, Threat, Stealth). Unlawful Detainer- Lawful entry. kill her). The MTC judge can step in – Special Jurisdiction – only in the
Upon renewal of contract, owner refuses and asks tenant to leave. Tenant absence of all the RTC judges.
refuses to leave even with non-renewed lease contract. Illegally detaining
property? YES. Owner can file a case of unlawful detainer. Since tenant
also refuses to pay rent, this accumulates up to P600,000.00. Can the MTC JUNE 20, 2013
take jurisdiction? YES. Regardless of the amount, because the case belongs >Land Registration – RTC (Regardless of the Assessed Value, which does
to the original and exclusive jurisdiction of the MTC. Forcible Entry and not need to be alleged). Proceedings in rem (action versus the whole world)
Unlawful Detainer are also special proceedings to be discussed in meeting
before the final exams (Under Rules on Summary Proceedings). Recovery of COA- Now, with a COA, we can now file a Civil Action
Possession/Ownership of Real Property with an assessed value of >RULE: 1 COA is equal to 1 Civil Action (1 right violated, 1 civil case to file.
P20,000.00 outside Metro Manila (P50,000.00 and below within Metro Manila Avoid Forum Shopping)

4
>Eg. Plaintiff files a case against defendant for “Sum of Money” based on a
PN. That was the first case filed. In this first case of “Sum of Money”, the >Joinder of Actions rule Limitations.
plaintiff in complaint was collecting the principal loan of P100,000.00. Since >First Limitation is that there should be a proper joinder of
it is P100,000.00, where to file? MTC. So he files it there. Judgment is parties. Is there a common question of fact and law? If yes, then there is
rendered in his favor. After he won, he realizes how stupid he is because he proper joinder of parties. Second, there must be a common question of law.
only asked for the principal amount. He wonders about the interests, the Is there? Yes. Breach of contract of carriage.
surcharges, the attorney’s fees, etc. So, he files a second case against >Eg. Plaintiff is an owner of a hardware store. He discovers in
same defendant for “Sum of Money” collecting the interests, surcharges, his books that there are several unpaid accounts. A has an unpaid account
penalties, and attorney’s fees emanating from the principal loan. What did amounting to P10,000.00 (former employee – ran away). B also has several
he do? He broke the rule of 1COA=1CVA. What happened was unpaid amounting to P20,000.00 (loan - ran away and diszappeared). C
1COA=2CVA. Is that allowed? No. That is the concept of “SPLITTING A has an account amounting to P30,000.00 (roving salesman, did not remit
SINGLE CAUSE OF ACTION”. payments – agent). Can hardware store file individual cases against
>There is a “SPLITTING” if there is only 1 right violated. There should only defendants separately? Yes. But can he file one case pursuant to the joinder
be one case related to one right violated. In the first case in the above of actions rule against A, B, and C? No. Because no common question of
example, the right of the plaintiff to be paid was violated. How about in the fact and law. Thus, store owner must file separately.
second case? The same – The right to be paid. When we say “the right to >Second Limitation- Jurisdiction. However, such limitation
be paid”, it does not only include any principal amount, but all subsequent would usually come when one case belongs to the MTC while the other to
amounts by virtue of the principal amount because when there is no principal the RTC.
amount, then there are no interests, surcharges, penalties, or attorney’s fees >Eg. Plaintiff – sum of money (P400,000.00 - RTC) and recovery
to talk about. The only reason why the latter came into existence is because of possession of a parcel of land (assessed value of P10,000.00 -MTC ).
of the principal amount. Therefore, there is only 1 COA = 1 CVA. Since plaintiff believes that the land case is more controlling, he files both
>What is the result then when there is a “SPLITTING”? THE SECOND cases in the MTC (for sum of money and recovery of possession). Is there a
CASE WILL BE DISMISSED. On what ground?None. (Refer to Rule 16 proper joinder? None. The MTC will dismiss the first case (lack of
again and Rule 2 –Lack of COA). However, since splitting does not belong jurisdiction, and not misjoinder) and proceed against the 2nd case.
to any of those grounds mentioned, the 2nd case is dismissed due to RES >Eg. A, B, and C. (None. Separate jurisdictions under the rule,
JUDICATA in relation to the first case disposed of. If the first case is still resulting to “Misjoinder of Causes of Action”. The rule says that Misjoinder is
pending at the time the second case is filed, the GROUND FOR DISMISSAL not a ground for dismissal of the case, but the court will separate the
IS LITIS PENDENTIA. misjoinder, and the court will proceed against each.
>One COA is equivalent to only one Civil Action. For every right violated, we >Eg. Plaintiff (Recovery of Property – P30,000.00 and Sum of
can only file one case to enforce that right that has been violated. Money – P100,000.00). Plaintiff wants to join these COA so he files them
Otherwise, if we split a single COA, the second case will be dismissed. before the RTC bec assessed value of the property is P30,000.00 which is in
>However, there is also a rule that says 2 or more COA is equal to 1 CVA. the jurisdiction of the RTC. However, the sum of money is within the juris of
>Always remains 1 CVA, regardless whether 1 or several COA. Splitting of the MTC. Can this be? Yes. Because the RTC is a court of General
COA vs Joinder of COA Jurisdiction – can award amounts lower than it’s jurisdictional amount. Is
>Joinder of COA: The regular Joinder – one plaintiff and one defendant, but there a limit of the amount that the RTC can award? None. The MTC has a
plaintiff has several rights violated by the defendant. Because he has limit though.
several rights violated, he can file one case for every right violated. This is to >Basic Rule- Jurisdiction is conferred by law (BP 129 as amended by RA
avoid multiplicity of suits (avoid splitting). 7651), but determined by the allegations in the complaint. It is not for the
>Eg. The plaintiff wants to sue defendant for: Unpaid loan (right to be paid), parties to decide as to what court to file the case in.
failure to return car (recovery of personal property – right to recover >Eg. Complainant claims total damages in the amount of P450,000.00. By
property). Two separate cases may be filed. However, under Joinder, he reading the complaint and applying the Nature of the Action Test, we see
can file 1 case – For collection of sum of money and recovery of personal that the amount is P450,000.00, which should be filed in the RTC according
property. to the law. Look at the allegation for determination of jurisdiction. RTC
>Eg. A, B, and C are all passengers of a bus. Along the way, the bus met an cannot suddenly lower the allegation and pass it to the MTC. The RTC must
accident (bumped the mountain) so passengers were not able to reach their accept based on the allegation. After trial, a decision is rendered wherein
destination and also suffered injuries. Passengers wanted to file a case of plaintiff has not totally proven his/her COA. RTC judge found that plaintiff is
damages against bus company (each sustaining damages amounting to A- only entitled to P100,000.00. The RTC thus may award P100,000.00 which
100k, B-100k, and C-100k). Is it possible for each to separately file cases is lower than it’s jurisdictional amount.
against bus company? Yes. (All MTC due to amount). However, can the 3 >Eg. Complainant – P100,000.00 filed before the MTC. It was then found
passengers file together? Yes. Joinder of Actions. Where? Individually, out as supported by evidence that damages amounted to P350,000.00. Can
MTC. However, if they jointly file it and its all for damages, apply the “Totality MTC award said amount? NO. P350,000.00 is beyond its jurisdictional
Rule”: In cases of monetary claims and damages, the total amount of the amount. Res judicata would set in, and plaintiff can’t file another case to
claim shall determine the jurisdiction of the court (100k + 100k + 150k = recover the increased amount.
350k, thus RTC). This joinder of actions, however, is only permissive.

5
>If a case is dismissed for lack of jurisdiction, said case can be filed in the properties are located, and when such court takes cognizance, it is to the
court that has jurisdiction. exclusion of all other courts.
>What is the rule when there is a nonresident plaintiff/defendant?
JUNE 25, 2013 When plaintiff is a non-resident, he may file the rule on real action (So that
FIRST HOUR court can acquire jurisdiction over the res – the thing or subject matter -
> Recall Splitting and Joinder, both concerning the avoidance of multiplicity property), but as to personal action, must file it where defendant resides in
of suits. only.
>Proper Joinder of Parties – There must be a common question of fact and >How about non-resident defendant? How can a court acquire
law (common link). jurisdiction over said person? If real action, same rule. If personal action,
>Joinder – sum of money / damages – totality of sum of claims shall apply then where the plaintiff resides.
(totality rule). >How is venue a limitation on joinder of parties? Plaintiff is a
>Limit to joinder – Jurisdiction – Can’t join 2 COAs with different jurisdictions resident of BC and defendant a resident of LTB. He has a case for damages
– applies only in the MTC, but can be done in the RTC, so long as one COA against defendant in the amount of 500k (RTC). However, aside from the
belongs to the RTC (Court of General Jurisdiction). damages, he wants to recover a parcel of land located in Bauang, LU. The
>Plaintiff (recovery of personal property – P500,000.00 – RTC). Further assessed value is 35k (RTC). All belong to the RTC. Can plaintiff join
claims that defendant has not paid him his salaries for the duration of his damages and recovery of property? YES. But if he joins them, then where
employment as a boy Friday, claims amounting to P300,000.00. He joins shall he file? RTC of LU, because the “res” is located there. If venue is
both in the RTC. Is this possible? No. Because salaries, ER-EE relationship wrong, then there is improper venue. He is bound by the res. But, he can
fall under the jurisdiction of the NLRC. You cannot use general jurisdiction of also file cases separately. Limitation arises when we join a real and a
the RTC because it has no jurisdiction over claims arising from employer- personal action. The rules are clear as to where real actions are to be filed.
employee relationships because such belongs to another jurisdiction. No What if property is LU but the assessed value is 5k only (MTC). Can it be
joinder. RTC will take cognizance over action for recovery of personal joined with the case for damages in Baguio? No. RTC yung nasa Baguo.
property but dismiss the claims for unpaid salaries for lack of jurisdiction. But supposing damages in Baguio amounts to 200K (MTC), then both can be
>Third Limitation- Venue. Do not confuse Venue with joined in LU where the res is located. When we join a real action and a
Jurisdiction. personal action, we have to follow the rules (Place of real action).
>Jurisdiction – What court? MTC?RTC? That is jurisdiction. >Fourth Limitation- There is no joinder of an ordinary civil action
>Venue – Where is that Court? Place / Address and a special civil action.
>Eg. RTC (jurisdiction), La Trinidad, Benguet (venue). >Special Civil Action (Rule 62 on interpleader up to Rule 71).
>Distinguish whether action is a real action or a personal action. Special because they have their own rules and peculiarities that are not
>Real Action – Anything involving real property. (eg. Recovery of present in ordinary civil cases, making them impossible to join with ordinary
possession of real property / ownership / accionreinvidicatoria / civil actions.Eg. Lessor files a case of unlawful detainer (Special) against
acionpubliciana / judicial forclosure of REM tenant, plus damages as to unpaid rent and reasonable attorney’s fees.
>Rule for Real Action – Where the real property is located. If the However, lessor discovers that tenant accumulated unpaid water bills, phone
real property is in Baguio, then the venue must be in Baguio. Eg.Action for bills, etc totaling to 200k. Is there a proper joinder? No. Unlawful detainer is
Recovery of a Real Property. The assessed value is P10,000.00, in Baguio a SCVA, while damages as to bills are OCVA. The only allowable damages
City. Where to file? MTC of Baguio. under SCVA are unpaid rent and reasonable attorney’s fees, as under the
>Personal Action (A real action is any action involving real rules. SCVA are usually dealt with summary procedures (no more trial).
property. All others are PERSONAL) – where no real property is involved.
Eg.Specific performance, collection of sum of money, damages, breach of SECOND HOUR
contract. As to venue, it is either plaintiff’s residence or defendant’s >PARTIES
residence, at the option of the plaintiff. If there are several defendants, >Plaintiff / Petitioner – person who files the case. Plaintiff – OCVA (initiated
plaintiff must choose the majority address where most of the defendants by the filing of a complaint, while Petitioner, as there is a right violated – as
reside. opposed to SCVA (initiated by the filing of a petition – not that because a
>Residence – Where person is actually found. As opposed to right has been violated but because you want to establish a right.). Criminal
domicile, this is where a person intends to return to. cases – Plaintiff parin (People of the Philippines).Against whom?Plaintiff as
>Plaintiff (damages – 500k). Plaintiff is a resident of Baguio and to defendant, while petitioner as to respondent.
defendant is a resident of LTB. Plaintiff must file case before the RTC, either >Kinds of parties :
in Baguio or LTB. >Indispensible party- In every case, there has to be an
>There are special rules on venue, eg. Settlement of estate – indispensible plaintiff (the very person who claims that his right has been
multiple properties comprising estate. Where to file? Place where he stayed violated) and an indispensible defendant (a person who is claimed to have
upon death. The moment the court takes cognizance, excludes all other violated the right)
courts. What if he died abroad but his properties are in the Philippines? How >Necessary party- For complete relief (eg. B)
can his heirs settle his estate? Where can they file? Where any of his >Joint vs Solidary. X and Y are debtors of C.

6
 >Eg. C wants to file a case against X who is a joint debtor of Y
(joint obligation with Y). Is the relief complete? No. Must include Y to JULY 11, 2013
complete relief. However, to sue X is enough. Y is a necessary party.
>In criminal procedure, the judge has the power of outright dismissal of
>Nominal Party (Pro Forma)- According to rules, they should be
cases. The moment the judge sees no probable cause, he can dismiss it
included because of circumstances of the law.
outright. But if there is, then he may order the issuance of a warrant of
>Eg. If a case is filed (Certiorari, Prohibition, and Mandamus)
arrest.
because a judge allegedly gravely abused his discretion. Who are the
>In civil procedure, can the court dismiss the case motupropio? Yes, but only
parties? Complainant is the petitioner (indispensable plaintiff). And the
on 2 grounds: Lack of jurisdiction over the subject matter and prescription.
defendant (private defendant – indispensible defendant) would be the person
>Lack of jurisdiction over the subject matter. Jurisdiction is conferred by law
who benefited from the judgment of the judge (public respondent – nominal
and determined by allegations in the complaint. Eg. Filed in the RTC, but is
defendant). Defendant – private respondent is the one who is supposed to
a complaint for unlawful detainer. The RTC can dismiss the case outright as
file an answer, not the public respondent. Judge may make an answer when
the case ought to have been filed in the MTC. Or claims for damages in the
there are direct attacks. Otherwise, pro forma lang.
MTC for the amount of 500k – can be dismissed outright due to lack of
>Married woman – If the plaintiff is a married woman, she must be
jurisdiction over the subject matter.
assisted by the husband versus the defendant (plaintiff, assisted by husband,
>Prescription. Period within which to file the case, otherwise forever barred.
versus defendant). If the married woman is the defendant, she must also be
The court may dismiss on the grounds of prescription if the material dates
assisted by the husband (plaintiff versus defendant, assisted by husband.
are apparent on the face of the complaint. Eg. Case of recovery
(Civil Code- husband is the administrator, head of the household, etc) In this
possession, and plaintiff states “sometime in 1940, the predecessor of the
case, the husband is the nominal or pro forma party. A married woman can
defendant entered the property, which at that time was in the possession of
sue alone – suits involving her husband, paraphernal properties, personal
the plaintiff’s predecessor’s interest. After several negotiations, defendant’s
profession, quasi-delicts, or if they have been living away from each other for
predecessor refused to vacate. Etc. It is now respectfully prayed that
at least 1 year (separation de facto).
defendant and all of his successors in interests be ordered to vacate the
>Quasi-parties – Not actually a part of the suit, but suit is for their
properties. Dated July 11, 2013.”Are there material dates mentioned? Yes –
benefit. Eg. Class suit- two requisites. First, there must be a common or
1940s. Clearly, prescription has set in (30 years for bad faith on real
general interest among everybody. Second, they are too numerous that it
properties – Open, continuous, exclusive, notorious, uninterrupted, adverse –
would be impracticable to bring them all to court.
can ripen to ownership). Spells out that COA of plaintiff has expired.
>Eg. There is a factory in the middle of the community. The
>Eg. Motion for reconsideration for denial of Petition for mandamus , should
factory emits heavy smoke in a radius of 100 meters, affecting 500-1000
be filed 60 from denial.Filed beyond the 60 days, outright dismissal. Material
individuals. Can they all file a complaint (abatement of nuisance)? Yes, via
dates were shown on the face.
class suit (Common interest is to stop the factory, and numerous parties).
>Supposing there is no allegation in the complaint as to specific dates
There must be representatives for the class suit (specified). “President,
“sometimes in the distant past, defendant’s predecessor in interest took
Secretary, and Spokesperson (indispensible plaintiffs) in a class suit (the
possession of the disputed land” – the court cannot immediately dismiss the
others who are represented – quasi-parties) versus the smoke-emitting
case. The court now takes cognizance of the case. However, court cannot
dragon (indispensable defendant)”. The courts shall determine whom shall
proceed without having jurisdiction over the person of the defendant.
be rightfully represented. If it includes claims for damages, can’t be filed as a
>In a criminal case, the court acquires jurisdiction over defendant via warrant
class suit because there is no “common or general interest”.
of arrest.
>Eg. Numerous squatters are occupying a property. Can >In civil cases, there is “Summons”. Summons is a writ issued by the court
they be sued in a class suit? No. (They may be too numerous, but directed to the defendant for the latter to answer the complaint. Once
there is no common or general interest). Each squatter is interested properly served, writ entitles the court to have jurisdiction over the person of
in the land that they are occupying. Remedy is to file cases against the defendant. Defendant is ordinarily given 15 days to respond to the
them individually. Action may also be joined. summons (in summary procedures, rules are different).

>Can domestic corporations be parties? Yes. How about >Please refrain from filing a motion to dismiss. Instead, include them as
affirmative defenses to the answer.
foreign corporations? Can they sue and be sued in the Philippines?
>How many copies of the complaint to be filed? One for the Court, and one
(can’t be brought to the Lupon, duh). Determine whether it is doing
for each summons (summons is attached to the complaint) served to the
business in the Philippines. If yes, is such business legal? If it is
defendant by the “Sheriff” of the Court.
legal, then they can sue and be sued in the Philippines. If it is Modes of Service of Summons:
illegally doing business (no necessary authority or license), then they >First Mode (Priority Mode) – Personal Service of Summons: Do not
can be sued but they cannot sue. Supposing it is a foreign confuse this with personal service of pleadings. In this case, the sheriff goes
corporation that is not doing any business, then it cannot be sued, to the defendant and hands to the latter the summons. Then, the defendant

but it can sue in an isolated transaction (Universal Studios versus signs on the summons indicating the date of signing (reckoning point of 15

Pinoy pirate). Foreign corporations must state their capacity to sue. days for defendant to answer – Just add 15 to that date to arrive at the
deadline). Sheriff must give this directly to the defendant. The rule says –
“By giving it personally to the defendant or by tendering him…”
7
>Tender – Sufficient, even if defendant refuses to accept. The sheriff has to >3) Constructive Service of Summons – available in any action (in
make a “return of summons”. If able to give it to defendant personally – “this personam, in rem, quasi rem) provided there is a resident defendant (the
is to make a return stating that the summons with the attached copy of the defendant resides in the Philippines but his whereabouts are unknown, or he
complaint has been served to the defendant personally on July 13, 2013 as is an unknown defendant .
can be seen on the signature of the defendant appearing on the face of the >Criminal actions – John Doe. How about in Civil Actions? There are
summons”. unknowns as well. Eg. Someone builds a structure in a private property, but
>Sheriff also furnishes a copy of the “return of summons” to plaintiff’s builder is unknown. Upon filing of civil action, who can be the defendant?
counsel – this is to guide the plaintiff’s counsel that such has been served as Presumably, such person is living in the Philippines, but person is unknown
well as with the 15-day period. The moment there is a lawyer, service should or cannot be found.
be done on the lawyer. Service on the lawyer is service to the client. >How is Constructive Service done? Via PUBLICATION. However, Leave of
>What if defendant refuses to take the summons? How should this be Court or permission from the Court is required. What then should be filed for
indicated in the return of summons? “I went to serve it on the defendant such? File for “Motion for Leave of Court” followed by whatever it is that you
personally but he refused to receive it and so I tendered it to him”. are asking a permission for. Eg.Motion for Leave of Court to summon
>Priority Mode- Sheriff must exert all efforts and exhaust all remedies defendant by Publication.
possible to serve it to the defendant personally. >Explanation is needed (eg. Whereabouts of defendant is unknown). If the
>If all possible remedies have been exhausted, then use the next mode. court finds merit to motion, it will direct summons by publication (newspaper
>Second Mode (Substituted Service of Summons) – Since it cannot be of general circulation in the Philippines –Phil Star, Daily Inquirer, Manila
served to the defendant personally, then to somebody else (home, office, Bulletin, etc). Very costly.
place of work/business). Sheriff must outline in detail all the approaches >First, summons is published. Next, the entire complaint. A newspaper, in
done to serve the summons to the defendant personally. order to publish legal notices, must acquire accreditation (submit a petition
>Home – qualification – Give it to a person of (1) sufficient age and for accreditation with office of executive judge in a province where they
discretion, (2) residing therein. publish – however, if accredited in a province within a judicial region,
>Office – qualification – Serve it to the competent person in charge of the newspaper can’t get accreditation in another province belonging to the same
office. Usually, the manager, or office secretary, managing partner, whoever judicial region. However, city within a province is not prohibited.
is in charge. >Requirements of accreditation: Length of period of circulation – must have
>Prisoner – Serve it to the warden. The warden will give it to the prisoner. been in circulation for the past year, and judge determines whether to be
>In the return, sheriff must justify substituted service of summons. accredited or not – submit all that have been put into circulation plus
>What if summons did not really reach defendant (was given to a qualified accreditation fees. Actions affecting public interest – need for publication.
person at home but said person lost it or forgot about it) Accreditation needs to be renewed every 5 years (subject to yearly
>Date of reckoning of 15-day period – signature of the receiver on the face of compliance with fees). Valid business permit.
the summons >If last known address cannot be determined, then Newspaper of General
Circulation “in the Philippines”.
>Publication – once a week for three consecutive weeks
JULY 17, 2013 >Substituted Service – 15 days to answer. But for Publication – 60 days
from the last publication to answer.
>Does it matter whether defendant reads publication? Is jurisdiction
FIRST HOUR
acquired? No, jurisdiction is not acquired. But why bother with publication?
>Warrant of arrest is to Criminal Procedure, whereas Summons is to Civil
TO COMPLY WITH REQUIREMENT OF DUE NOTICE.
Procedure.
>Summons is to acquire jurisdiction over a defendant.
>4) Extraterritorial Service of Summons – Outside of our territory. This
>A case cannot proceed when court does not have jurisdiction over
mode of service only applies to nonresident defendants. As compared to
defendant – so a summons must be served.
constructive summons which applies to resident defendants, extraterritorial
>A copy of complaint is attached to summons – served by sheriff.
service has limitations. Applies only to actions affecting the STATUS of
>Modes:
CLAIM.
1) Personal Service – Priority Mode. If all efforts have been
>Eg. Plaintiff files a case for Sum of money (Personal Action). 1 million.
exerted – failed – then:
Defendant is out of the country (nonresident). Files a Motion for Leave of
2) Substituted Service of Summons – consist of bringing
Court to issue summons by Publication. Does the action affect the personal
summons to home, office, or place of work of defendant. To constitute it as
status? No because it is a Personal Action. It does not affect the status of
valid, home-person of sufficient age and discretion residing in the place
the plaintiff, neither does it relate to the property of the defendant in the
therein, office/place of work – competent person in charge. Those are the
Philippines.
only valid means for substituted service of summons. It doesn’t matter
>Eg. A Filipina meets a foreigner. Latter meets the former in the
whether defendant himself receives summons. Court thus acquires
Philippines. Foreigner leaves with promises of bullshit and stuff, but he was
jurisdiction over the person of the defendant.
never heard of again. The marriage was valid, so Filipina’s status remain as
“married”. She no longer can’t marry another. She then files for Annulment.

8
But defendant is not a resident. Can an extraterritorial summons then be SECOND HOUR
served and resorted to? Yes, because her status is affected. She wants to >Now that court has jurisdiction over defendant, anona?
go back to having a single status. >Defendant has four choices:
>ESS is also applicable to those that relate to PROPERTY OF DEFENDANT 1) Ignores (Doesn’t file an answer)
IN THE PHILIPPINES. 2) File a Motion for a Bill of Particulars (MBOP)
>Eg. Recovery of possession of property against defendant (nonresident). 3) File a Motion to Dismiss
ESS can be resorted to, so long as Res is within the Philippines. 4) File an answer
>How can ESS be resorted to then in a Personal Action (Claim for sum of >1) Ignores- 15-day period has lapsed and there is no answer filed. Would
money)? Apply for a Writ of Preliminary Attachment – look for properties of plaintiff know that no answer has been filed? Yes. Based on Sheriff’s
defendant in the Philippines and ask Court to bring properties of defendant in “Return of Summons” – date of service of summons indicated therein, along
the Philippines under Custodia Legis. Then, Personam action becomes with mode of service. Copy is furnished to Plaintiff’s counsel.
Quasi-Rem (because properties are now involved). Once attached, >Eg. Served on July 1. Just add 15. Defendant has until July 16 to answer.
defendant cant do anything about the properties. Upon favorable action of By the way, what if plaintiff was never able to serve summons? Unserved
Court, such properties may now be sold in a public auction to the highest summons – plaintiff must furnish the court new address, else case is going to
bidder. The proceeds shall now pay the obligation of the defendant. be dismissed- failure to prosecute. In crim case – archived. In civil cases –
>The above are the only 2 actions where ESS is allowed. no archiving- case is dismissed. Since it is the plaintiff who comes to court to
>How can ESS be done? allege violation of his right, it is his duty to furnish the court the address of the
>1)Personal Service – Send sheriff to where the defendant can be found defendant for the court to furnish Alias Summons (Contains new address). If
(impractical). Or, resort to PUBLICATION. However, a copy of the defendant still can’t be found in the new address, then Second Alias
summons with the attached complaint must be sent to the last address of the Summons (third summons). Is there such a thing as Alias Warrant of Arrest?
defendant (WON defendant receives it – doesn’t matter). Almost similar with Yes. Why? Warrant of Arrest is addressed to the police of a certain territory.
the summons via publication. Motion for Leave of Court must still be Eg. Warrant of Arrest issued to PNP Baguio-valid anywhere in the country,
acquired. ESS via publication – Newspaper of general circulation in the last but police officers of Baguio can’t go to Ifugao with such warrant because
known area of residence of defendant. Once a week for 3 consecutive they are encroaching in a different territory. They have to coordinate with
weeks, defendant has 60 days from the last date of publication to file a reply. Ifugao police officers. The Court can issue a warrant of arrest to Ifugao
Doesn’t matter WON defendant reads it, so long as due process requirement police officers (Alias Warrant of Arrest). It contains a new address of the
(notice) has been complied with. accused which is outside the territorial jurisdiction of the first warrant of
>The moment summons is served on defendant, Court acquires jurisdiction arrest.Similar to Alias Summons, until able to serve on the defendant.
over defendant. >Finally able to serve to defendant, but no answer beyond July 16. What will
>In a criminal court, how can the Court acquire jurisdiction over an accused plaintiff do? Can now file a Motion to Declare defendant in default (MDDD).
even without a warrant of arrest? Via voluntary surrender (goes to >Motion vs Pleading. A complaint is a pleading. An answer is a pleading.
Court).Commitment Mitimus. What is a Motion? It is not a pleading, vice versa. A motion is any
>How about in Civil Procedure, is there a voluntary surrender? >>> application for relief other than a pleading. What does it mean? A pleading is
VOLUNTARY APPEARANCE. also asking for a relief. A motion is more specific, however. Eg.Motion for
>VOLUNTARY APPEARANCE- Any act of defendant by which he submits postponement, Motion for Extension of time to file an answer, MDDD,
himself to the jurisdiction of the court, without the court having acquired etc.Specific.
jurisdiction over him. >MOTIONS –
>Eg. Defendant hears of a case filed against him. He has not received any Non Litigated Litigated (need to go to court)
summons yet but he immediately files an answer. That would be considered -Does not affect the rights of the -Affects the rights of the adverse
as a voluntary appearance. adverse party. party
>Or, summons was issued (but defective), and defendant files an answer. Is -The court can act on this ex parte. -A hearing is required. Due
the defect cured? YES. Tantamount to voluntary appearance. NO NEED FOR A HEARING. Court process- Give both sides a chance
>Eg. Counsel of defendant enters an appearance with Motion for extension can act on it right away. to be heard. Movant- one who
of time to file an answer. Extension was then granted. Thereafter, counsel of files a motion against whom the
defendant files a motion to dismiss grounded on invalid substituted of motion is filed.
summons because it was served to a visitor of the defendant’s house.
Should the motion to dismiss be granted? NO. Because when the counsel -Eg. Motion for Extension of Time to -Eg. Motion to Dismiss
entered his appearance as counsel of defendant to file motion for extension File an Answer, Motion for
of time, it was TANTAMOUNT TO VOLUNTARY APPEARANCE. You Postponement (sometimes)
cannot go to court and ask for a relief and subsequently question jurisdiction
over defendant’s person. Any act of defendant which would tend to show >After stating the Motion (Non-Litigated) Notice to the “branch clerk of court”:
that he is accepting jurisdiction over his person either by voluntarily filing an Please submit the foregoing motion immediately for the consideration of the
answer or asking for a relief – Tantamount to voluntary appearance. court. (then signed by the lawyer).

9
>The Rules require that every pleading, motion, manifestation – furnish the >Plaintiff can file a Motion to Declare Defendant in Default.
Adverse Party (number 1 req)
>Motion- Anything asking for relief from court aside from a pleading
>Adverse Party refers to the “counsel”. Service to the lawyer is service to
the client, but service to the client is not a service to the lawyer. >Litigated and Non-litigated Motion – How they affect rights – necessitating
hearing
>Eg. Motion to Declare a Defendant in Default.
>Service of Pleadings vs. Filing of Pleadings. >Furnish adverse party every pleading, motion, etc.
>Service of Pleadings is the act of furnishing the adverse party all copies of
>Service of Pleadings- Priority Mode is Personal Service (to the lawyer).
pleadings, motions, etc. Second mode is via registered mail. With the second mode, explanation is
>Only pleading not served to adverse party – “Complaint”. The court via the required as to why service was not done personally.
sheriff serves the complaint (attached to summons) to the defendant.
>Service of Pleading comes first prior to filing of pleadings because the latter
Court’s job, aside from gaining jurisdiction over defendant. should contain the “proof of service”. Registered Mail- date of mailing is the
>Filing of Pleadings is the act of pleadings to Court. date of filing.
>What comes first, service or filing? Service comes first, because what is
>LESSON PROPER:
filed in court should bear the proof of service. If “Proof of Service” of
pleading is not present, the court is not bound to accept pleading. It is the >Even envelopes are attached to the records because they contain the date
of mailing (stamped on the face of the envelope), showing likewise the date
first thing that the court looks for. of filing.
>How do we serve pleadings to the adverse party? Similar to summons.
>Pleadings may be served via ORDINARY MAIL BUT THE DATE OF
>(1) Personal Service of Pleadings (Priority Mode)- Delivering pleading to
RECEIPT IS THE DATE OF SERVICE AND FILING. Private couriers are
the adverse party (lawyer), which is different from personal service of equivalent to ordinary mail.
summons (wherein summons is served to defendant himself).
>(3) Substituted Service of Pleadings (vs Substituted Service of Summons)-
>Eg. Copy Furnished –Let adverse party sign the motions. The one that
If pleadings cannot be served via the first 2 modes (eg. Address of Plaintiff’s
bears lawyer’s signature is the one that is filed (proof of service). counsel cannot be determined). Substituted service is furnishing a copy of
>Aside from the lawyer, is there anybody else who can receive? Yes. If in pleading to the CLERK OF COURT. Furnishing is not sufficient- Attached to
the pleading must be an explanation. Explain why such is being done via
the lawyer’s office, anybody in charge or working in the office can receive
Substituted Service. Supposedly, a complaint prepared by a Plaintiff’s
such (still considered Personal service of pleading, unlike in summons – lawyer contains the lawyer’s address, just below his signature. But in case
substituted). Received, date, and signature of secretary (one who receives address cannot be determined, then Substituted Service of Pleadings may
in the office) –Still personal – proof of service. How about in the lawyer’s now be done.

home? Yes. Must it be to a person of sufficient age and discretion? The > If nonlitigated, notice is addressed to the clerk of court (please submit the
rules require that when such is served to the house, hours are observed foregoing motion for the consideration of the court immediately upon receipt
thereof. .Copy Furnish Adverse Party’s Counsel). Clerk then submits to
(8am-6pm) and privacy is respected, unlike service of summons.
court.
>(2) Registered Mail – Post office. Registry Receipt (attached near where
lawyer signs). The one that bears the Registry Receipt is the one filed in >If litigated, since it affects rights of party, notice of hearing is needed.
Instead of being addressed to the Clerk of Court, NOTICE OF HEARING IS
court because it bears the proof of service. Is that sufficient? No. The rules
NOW ADDRESSED TO THE LAWYER OF THE ADVERSE PARTY. Not to
say that when it comes to service of pleadings, priority mode is always the Clerk of Court, as if to be treated ex parte. For movant, after addressing
personal service. If other modes are resorted to, there is a required WRITEN adverse party’s counsel should say (Please take notice that this motion will
be submitted for hearing on __date__) –Motion Days should be Friday at
EXPLANATION (TO OBVIATE DELAY) as to why it was not served
2pm, as the rules say.
personally. Put explanation below registry receipt (eg. Service was done
through registered mail due to the distance between the plaintiff counsel’s >Notice of Hearing (Litigated) must comply with the 3-DAY NOTICE RULE
and THE 10-DAY HEARING RULE.
office, or due to lack of personnel in the defendant counsel’s office to make
service). Without explanation, pleading is treated as a mere scrap of paper. >3-day notice rule – refers to the service of motion to the adverse party. The
As if nothing was ever filed. Failed to comply with the rule (if no personal adverse party must receive the motion at least 3 days before the intended
hearing. In other words, the proof of service must show that the counsel of
service, then via registered mail, with written explanation). Such rule was
the adverse party received it before 3 days the scheduled hearing. This is to
incorporated was to OBVIATE DELAY. Date of mailing is the date of filing. give them time to prepare for hearing. (Eg. Hearing is set July 26, 2013.
15 days to file an answer. Eg.July 16 deadline to file an answer. Served to Adverse Party must receive notice not later than July 23).
plaintiff’s counsel, and a copy is filed in court. Court receives it July 27. Is it
>10-day hearing rule – Created to obviate delay. Hearing should be set
late? No because via registered mail. Because the date of mailing will be the within 10 days from the date of filing. (Eg. Hearing is on July 26. Filing
date of filing, provided via REGISTERED MAIL. should have been from July 16 and up). Take note, filing comes AFTER
service. So if it has been filed on the 16th, a proof of service should be
existent. Can the date of service be the same with the date of filing? Yes.
Naturally, if 10-day hearing rule is complied with, automatically the 3-day
JULY 18, 2013 notice rule would have been complied with because service comes first prior
to filing.

>RECAP: >Motion Day – why Friday? Because – fly-day. Potanginah.Tuesdays-

Thursdays daw ay hearing day.Right to a neutral and impartial judge.
>Defendant may not opt to file anything at all, or proceed with the 3 other Judges fly back to their homes. However, the rule as to appointment in
moves.
10
home stations has been relaxed. According with the Rules Committee, affected. Rules of court are to be construed liberally to fully thresh out all
motions should not be heard together with the trial of the case. Motions are cases filed in court.
disposed off quickly, except when there is a witness.
>2 things can happen when defendant is declared in default. (1) Judgment in
>Eg. Accused was convicted and sentenced to suffer imprisonment for 1 default based on plaintiff’s complaint if the court believes that allegations in
year (double registration during the election). His counsel (defense) filed an the complaint are sufficient to warrant judgment. (2) If allegations in the
MR and asked that it be set for a hearing; however, he never addressed it to complaint are not sufficient to warrant judgment, or when there is a claim for
the adverse party (prosecutor), but to the clerk of court. The defense lawyer damages, then Court asks plaintiff to present evidence ex parte to prove
only “copy furnished” the prosecutor, but never addressed it to him. The allegations. As to damages, they have to be proven with certainty. Clerks of
court regarded it as a mere scrap of paper. Within 15 days after Courts (lawyers) are authorized by court to receive evidence ex parte, but it
promulgation, decision may be appealed. But if acquittal, final. When is the judge who makes decision. Thereafter, there can be a judgment in
decision becomes final, it becomes executor. In the case at bar, the 15 days default (with evidence. The first judgment of default is without evidence).
lapsed and decision became final, thus a warrant of arrest was issued.
Notice of hearing should always be addressed to the adverse party >The only thing a defendant can do is to file a motion to lift order of default.
(Prosecutor). This motion is a litigated motion as it would affect plaintiff’s rights. Thus, has
to comply with 3-day notice rule, 10-day hearing rule, and addressing
>MDDD- Technically, it is a nonlitigated motion because defendant had 15 pleading to adverse party.
days and he did not make use of it and therefore he no longer has any right,
letting the 15-day period lapse. Can the court act on it immediately? Yes. >Ground for motion to lift order of default- FAME (Fraud, Accident, Mistake,
However, rules say that they should be given a liberal interpretation kanu ta and Excusable Negligence). Should always be accompanied with Affidavit of
decide on the merits. If MDDD is granted, the court issues an order Merits. It is the lawyer who prepares the pleading, but it is defendant who
declaring defendant in default. personally knows about the grounds mentioned. So a sworn statement
(affidavit) is needed. Eg. Defendant met plaintiff. Defendant willing to pay
>What is the effect when a defendant is declared in default? Defendant and wonders why friend plaintiff files a case. Plaintiff then promises to
LOSES HIS STANDING IN COURT. A defendant declared in default is withdraw case, but defendant is surprised by a motion to declare defendant
entitled to notices but he cannot do anything – he can also be present in in default. This can be an extrinsic fraud. The defendant has to execute an
hearings but he cannot object, because he loses his standing. He cannot do affidavit of merits about this. He has to state that he has a meritorious
anything anymore already. Two things can happen when he is declared in defense. Not all 4 grounds can be raised altogether. Circumstances must
default and loses standing: (1) Court can render judgment by default. Since be stated. Excusable negligence may be because of lawyer or client.
there is no longer a defendant, the court looks at the contents of the Mistake, accident, whatever you call it, an affidavit of merits must be made
complaint. If allegations in the complaint are sufficient to warrant a and attached to the motion to lift order declaring defendant in default.
judgment, judgment is rendered, usually in favor of plaintiff. Otherwise, court
will direct plaintiff to present evidence ex parte. Court can even authorize >Can the court motupropio declare defendant in default? NO. Every litigant
clerk of court to receive evidence ex parte, provided COC is a member of the has the right a cold neutrality of an impartial judge. If judge declares default
bar. In the MTCs, COCs are not required to be lawyers. It is only in the motupropio, judge is siding with plaintiff. (15-day period has lapsed-
RTCs that COCs and Branch COCs are required to be lawyers. determined from sheriff’s return of summons wherein date of receipt by
defendant is shown). Plaintiff’s counsel is also guided of said date for him to
>What if a case is for damages? Can there be a judgment by default? Or know to file a motion to declare defendant in default.
must there be a presentation of evidence ex parte? The latter. Cardinal rule
in damages – Must be proven with certainty. Not everything alleged in a >If court finds merit in affidavit, then court will grant the motion and lifts the
complaint is a gospel truth. Eg. Actual damages – receipts .He must show order of default, wherein defendant regains his standing in court and directed
that he suffered. In every case where damages is involved, sum of money to file his answer.
with damages, sum of money arising from contracts, plaintiff is always
required to present evidence ex parte. >If there is already a judgment rendered by the court which doesn’t become
final and executory, can defendant file for a motion to lift order of default?
>If defendant loses his standing, can he regain it? Yes. The defendant, in YES. What happens to the judgment? It will be vacated because it has
order to regain his standing, has to file a motion to lift order of default. become a one-sided judgment.

>Is this motion litigated? YES, definitely. Because it will affect the plaintiff. >If the first thing a defendant can do is not to do anything, THE SECOND
thing a defendant can do is to FILE A MOTION FOR A BILL OF
PARTICULARS (MBOP)

>Particulars- details. MBOP because there are complaints that are vague,
ambiguous, or unclear.Defendant cannot understand what plaintiff wants.
JULY 23, 2013 An MBOP can both be a litigated and nonlitigated motion, depending on how
judge would see it. RULES FOR LITIGATED MOTIONS NEED TO BE
VN-20130723-00001
COMPLIED WITH. Setting of hearing would then be discretionary upon the
judge.

1ST HOUR >If the judge looks at the MBOP and looks at the complaint and agrees with
the defendant that complaint cannot be understood, the judge would grant
>2nd QUIZ – From summons up to what is to be finished by July 27, 2013 MBOP immediately and asks plaintiff to comply with the BOP (nonlitigated).
(Summons, service of summons, declaration of default, service and filing of
pleadings, motions, etc.) >However, if judge finds the complaint clear, the judge would then set the
motion for hearing (litigated).
>Tim Burton’s (Canadian Coffee shop namalayongsosyalkumparasa
Starbucks daw)

>MDDD- This is filed by plaintiff if defendant does not file an answer within 2ND HOUR
the reglementary period of 15 days. Technically, nonlitigated motion.
Defendant already lost all his rights so there is no adverse party to be 01:04:40

11
>MBOP- on the hearing because court believes that complaint is clear And thus, I don’t have jurisdiction so I will dismiss the case”. Can the judge
enough but giving benefit of the doubt to defendant, court now tries to clarify do that? NO. Because he has jurisdiction according to law and what is
with defendant allegedly vague complaints (eg. “defendant acted in bad faith spelled out in the complaint. And true enough, at the end of the trial, plaintiff
thus plaintiff is entitled to damages” and defendant wishes this clarified). only proves 10k. Can the RTC award 10k only? YES. Because that was
what was proven.
>How does plaintiff comply with MBOP? First, he can file an amended
complaint. If it is an amended complaint, how can it be shown that there is >Eg. Opposite. The law says 300k and below, MTC. After trial, the plaintiff
an amended. Underline the amendments (or capitalize, bold, italicized, is able to prove that he incurred more than 300k – 400k in fact. Can the
open-close quotation, etc). Eg. Plaintiff wants to explain bad faith so goes MTC award 400k? No. Such is beyond its jurisdiction. Its limitation is only
“that the bad faith consists of chorvachorva” (notice underline- to show up to 300k. It can never go beyondit’s limit, unlike the RTC that can go
amendment). below coz it is a court of general jurisdiction. Plaintiff kase is so bobo he
should have filed it before the RTC. Moral Lesson of the story, bloat your
>Must an amended complaint be served again with summons to defendant? damages to be able to bring it to the RTC.
No need. A summons is served just for the court to acquire jurisdiction over
defendant. Since jurisdiction has already been acquired, plaintiff would just >You can question the court’s jurisdiction over the subject matter at any
furnish a copy of the amended complaint to the defendant follow the priority stage of the proceedings even on the first time on appeal, unless jurisdiction
mode. by estoppel has set in.

>Second way is for plaintiff to submit a “compliance” or a “manifestation”. He >Jurisdiction of Estoppel- Person is aware that court has no jurisdiction, but
says, “in compliance with the order of the court granting the MBOP, the this was never questioned. In fact, person took advantage of this and
plaintiff submits compliance. As the details to the bad faith, participated in all proceedings. However, upon promulgation of decision,
“chorvachorvachorva”. Fully explain ambiguous provisions. Such is then person loses and now raises the question of jurisdiction.
furnished to the adverse counsel via personal or registered mail.
>Ground’s basis is on BP 129.
>What if the court has granted MBOP but plaintiff did not comply? First, the
court can order that all those vague allegations in the complaint will be >The court should only not have jurisdiction over the subject matter but also
stricken off of the complaint. Worse, the court can direct the plaintiff to show over the person of the defendant.
cause why his case should not be dismissed because he failed to comply
with the order. >(2) Lack of jurisdiction over the person of the defendant. In order for
court to acquire jurisdiction over defendant, it has to issue summons which
>If COA is stricken off, then defendant may file an MD on the grounds of has to be validly served to defendant via person, substituted, constructive, or
Lack of COA. So plaintiff should comply with MBOP. extraterritorial service (actions affecting status of plaintiff, or relating to
property of defendant in the Philippines).
>THIRD THING A DEFENDANT CAN DO IS TO FILE A MOTION TO
DISMISS (Rule 16, A-J) >Is this ground waivable? YES, this is a waivable ground. Must be
questioned at the earliest possible opportunity, otherwise he is deemed to
>This is always a litigated motion, thus requirements must be complied with. have waived said ground for motion to dismiss.

>Summons discourages filing of motion to dismiss. It asks defendant to put >Eg. Defendant can’t be located despite all efforts. And sooooooOOO, the
grounds for MD as affirmative defenses in the answer. Affirmative defenses sheriff resorted to substituted service of summons. The defendant was
are actually grounds for MD. made aware that there was a summons issued against him so he goes to a
lawyer. Upon receipt, lawyer files his favorite motion – MFEFA. Needs time
>If answer is filed and there are affirmative defenses, the court conducts a to prepare an intelligent answer daw, so asks for 15 more days from
preliminary hearing. tomorrow. Court grants motion. Then lawyer finds out that summons was
served to anusineighbor via substituted, so within the 15 days of extension,
>The discouragement of filing of MD is for the quicker administration of lawyer files an MD on the ground of Lack of Jurisdiction over the person of
justice. Thing is, if you still wish to push through with an MD, a counterclaim the defendant. Grant or Deny? Deny the MD. He is deemed to have waived
may not be filed along with it. There is no such animal. If MD is granted, the second ground because he already asked for a relief, and thus cannot go
whatever claim that defendant has over plaintiff may also disappear. back and question jurisdiction of court. By asking for relief (MFEFA), lawyer
has waived 2nd ground. Instead of MFEFA, lawyer should have immediately
>Can the defendant also have a claim against plaintiff? Of course –
filed MD grounded on MFEFA.
Counterclaim.
>In Crim Pro – Voluntary Surrender. Just like in Civ Pro – voluntary
>But if in the ANSWER THE AFFIRMATIVE DEFENSES ARE GRANTED
appearance - asking for relief. Jurisdiction upon this time could no longer be
and the case is dismissed, such dismissal is only limited to the complaint of
questioned. Another voluntary appearance is filing of an answer even
the plaintiff. How about the defendant’s claim? It can now be pursued.
without receiving a summons.
>GROUNDS FOR MD:
>Is filing of MD for lack of jurisdiction over subject matter asking for relief
>(1) Lack of Jurisdiction over the subject matter. Jurisdiction is conferred by from court? Yes. All motions ask for relief. So, Aside from Lack of
law and determined by allegations in the complaint. This is a Jurisdiction over person of defendant (eg.MD for lack of jurisdiction over subj
NONWAIVABLE ground. Jurisdiction of the court over the subject matter matter, lack of juris over person of defendant, and LOJ bec of improper
canbe questioned anytime during the proceedings. Opposition to such must venue, all in one motion). The MD based on the first ground was denied.
be raised as early as possible. Are the other grounds deemed to have been waived by seeking these 3
together? NO. OMNIBUS MOTION RULE.
>Eg. Jurisdiction over damages more than 300k belongs to jurisdiction of
RTC (BP 129). In the complaint, “and incurred damages in which defendant >Omnibus Motion Rule states that any and all grounds for a motion to
is to be made to pay 500k of damages to plaintiff”. The plaintiff files it in the dismiss should be indicated in only one motion, otherwise you are deemed to
RTC. Does the RTC now have jurisdiction? Yes, in line with the law and the have deemed those grounds except for those that are nonwaivable.
allegation. Court says, “Huff!!! How ambitious naman this plaintiff. He just
>What if defendant only alleges 2 and doesn’t include a 3rdnonwaivable
suffered bruises. He cannot do anything about his face if it is in the first
ground, and the court denies the 2, can defendant raise the 3rd? NO.
place deformed. Too much!!! The way I look at it, he is only entitled to 10k.

12
 even without Y, there can still be a case. However, the issue of 2nd
mortgage must be settled so include Y.
JULY 24, 2013
>Pro Forma (Nominal) Party- For form, needed because the law requires so.
VN-20130724-00001
Eg. A married woman sues. The rules require that she should be assisted
1ST HOUR
by the husband. Married woman is the indispensible plaintiff, while the
>Waivable – should be raised at the earliest possible opportunity.
husband is the Pro Forma Party. Such is the case except as provided by law
>Deemed waiver- voluntary appearance in court to ask for relief, or filing of
(concerns paraphernal property, profession, career, tort or quasi-delict, civil
an answer without summons.
liability arising from crime, separation de facto for 1 year, etc). Another eg. In
>Any waivable grounds not raised would be considered waived. Note the
a petition for certiorari, prohibition, and mandamus, the Judge is a pro forma
omnibus motion rule.
party and is not required to file an answer, else ignorance of the law. Private
>There are 4 nonwaivable grounds- Lack of jurisdiction over subject matter,
respondent is the person who will file an answer because said party stands
litispendentia, res judicata, and prescription.
to benefit or be prejudiced by a decision.
>(3) Improper Venue- Must be raised at the first possible opportunity,
>Quasi-Party- Those who really do not appear in court but are affected by
otherwise deemed waived.
the decision that the court makes. Why? Kasinagadu da.Class suit.2
>Can venue be agreed upon? Yes, provided it is in (1)writing, (2)executed
requisites. (1) Common or General Interest. (2) The parties are too
before any case is filed, and (3) should be couched in mandatory terms
numerous that it is impracticable to bring them all to court. A representative
(shall, should, will) Eg. Venue should be in the proper court of Baguio City.
few is then selected (sufficient enough to represent common and general
>Eg. Bus ticket – venue fixed in Pasay (shall be in the corporate offices of
interest). Eg. A, B, C, D, and F and all others similarly situated in a class
the bus corp in Pasay City). Passenger was unable to reach destination.
suit.
Passenger files a case in Baguio City against bus company, and the latter
>Eg. New company brings out a new car. Unknown to the customers, there
files an MD on the grounds of Improper Venue. Shall the courts grant or
is a defect in the car (explodes). A complainant files a case, but discovers
deny the motion? Deny the MD, because it is a contract of adhesion. There
numerous complainants with the same complaint – 2000 complainants.
is only one party making the terms. There should be consent between the 2
Common General Interest- give back money or new car.Class suit. If
parties. In a contract of adhesion, the other party is just asked to consent.
damages is to be included, this now can’t be taken in a class suit, as each
>(4) Lack of Capacity to Sue- Personal character of the parties. When
complainant would have a differing interest – no more common interest
such is raised as a ground by defendant, he is targeting the plaintiff. Rules
among complainants to constitute a class suit. Only a few will go to court,
require that all civil actions should be executed in the name of the real party
while the thousand others will be the quasi-parties. They will not go to court,
in interest.
but when the court renders judgment, they stand to be benefited or
>Real Party in Interest- Party who stands to be benefited, injured, or
prejudiced.
prejudiced by whatever decision that the court makes. In other words, all
>Eg. Landowner wants to evict all squatters from his property. Landowner
civil actions must be prosecuted by a real party in interest. Refers to the
vs X, Y, Z, and all other persons occupying land. Will this prosper as a class
indispensible party (someone who should bring the case) vs indispensible
suit? No. Because there is no common or general interest among the
defendant (someone who is to be sued).
defendants. This is because they are only interested in their particular
>Eg. O entrusted the title of a property to X. O discovers that X sold the
portion of land occupied. So landowner’s remedy is to sue each and every
property to Y, the latter selling it to Z. Now O wants to get back his title;
iskwater.
however, the title is now in the name of Z. Who is the indispensible plaintiff
(real party in interest)? It is O, because he is the owner of the property, and
whatever the court decides, he stands to be either benefited or injured
2ND HOUR
(prejudiced). Who is the indispensible defendant? It is Z because the title is
>Lack of Capacity to Sue vs Lack of Personality to Sue. Different from each
in his name. A case filed against X or Y will not return title to O. If against Z,
other. General Rule – All actions must be prosecuted in the name of the real
title may be recovered, making him the indispensible defendant. However, O
party in interest. Eg. Principal (owner of car) commissions agent to sell his
may also include X as an indispensible defendant for DAMAGES. But simply
car. Agent finds a buyer and sells it to the latter. However, buyer doesn’t
for recovery of title, then against Z would be sufficient.
pay full price so agent files a case against the former. Buyer files an MD.
>Necessary Party (Proper)-Indispensible (can’t be done without) vs
Who is the real party in interest (RPII)? In other words, who gets to be
Necessary (for complete relief).
affected by a decision? Of course, the Principal. So, if “Agent vs. Buyer”, is
>Eg. Landowner mortgages his property to X (1st mortgage). However, he
the action in the name of the real party in interest? No. Buyer can now file
again mortgages it to Y (2n mortgage). He doesn’t his loan to X or Y. Now,
an MD on the ground Lack of capacity to sue (agent not a real party in
X, the first mortgagee, wants to forclose the property. If he files “X vs
interest). However, agent may amend the complaint and state, “Principal, as
Landowner”, is that sufficient? Yes, contains indispensible parties. Sufficient,
represented by the agent” to cure defect. Now, action is in the name of the
however there is still the issue with Y who also has a justified claim, being
real party in interest. The agent now becomes the representative party
the 2nd mortgagee. So in order to have complete relief to settle issue once
because he acts in representation of another person. But what would be a
and for all, X should include Y. X is the indispensible plaintiff, Landowner is
better ground? Lack of Cause of Action. Why? Go over the elements. As to
the indispensible defendant, and Y is the necessary defendant. Because
right, agent doesn’t have any; rather, the principal. First element
palangwaleyna.

13
>Whom else can be a representative party? Guardian over ward.Fiduciary JULY 25, 2013
Capacity. VN-20130725-00001
>Lack of Capacity to Sue- We speak more of characteristic of plaintiff. >Failure to State a COA is not the same as Lack of COA. Form and
Eg.Minority. A minor cannot sue. However, minor must be assisted by Substance.
parents or a guardian. Must reach the age of emancipation (21 daw).
>Back to the earlier case of quieting. Defendant files an MD for failure to
Insanity. Civil Interdiction (accessory penalty) – regains capacity when state a COA. Grant or Deny? Go back to the complaint. Plaintiff states that
penalty is served and all rights are restored. since he introduced improvements, it means that he owns the land. Going
back to the laws of property, the land is the principal and the improvements
>As to juridical persons: Domestic Corporation must state in its complaint for
are the accessories. Accessories follow the principal. So whoever owns the
capacity that it is a “corporation organized and operating under the laws of principal owns the accessories. But what plaintiff is trying to say is that since
the Republic of the Philippines, and duly registered under the Securities and he owns the accessories, therefore he owns the principal. Plaintiff’s mistake
Exchange Commission”. As an artificial person, it can sue and be sued just is the failure to allege by what right he has to introduce improvements over
the land. Therefore, there is a failure to state a COA.
like a natural person. Supposing it is a foreign corporation: Can it sue and
be sued? Qualify. Yes, can sue and be sued if it is engaged in a legal >Test. Look at allegations. Do you believe all of it? Can you give the plaintiff
what he wants? If both gets a YES, then there is a COA. But if YES as to
business in the Philippines. No, it cannot sue but it can be sued if it is doing
allegations but NO to giving of what plaintiff wants, then there is failure to
illegal business in the Philippines. state COA. Said ground is waivable.
>So what should corporation state to give it legal capacity to sue? It should
>What if defendant files an answer and does not question failure to state
state that it is legally engaged in business in the Philippines, and it’s authority
COA nor includes it in his affirmative defenses, and then during trial plaintiff
to do so can be seen in the etc. etc. whatever authority gives it authority. is now showing evidence that he owns land which is why he made
For a foreign corp illegally doing business, since it cannot sue, in a complaint improvements, can defendant now raise the abovementioned ground? The
against it there it must be stated that it is a foreign corporation illegally defendant is too late. Ground has been waived. Must have been questioned
at the earliest possible time.
engaged in business in the Philippines.
>What if foreign corp is not engaged in business in the Philippines? It can >Lack of Capacity to Sue vs Lack of Personality to Sue. Different from each
only sue in an isolated transaction. Eg. Marvel Comics against pirates. other. General Rule – All actions must be prosecuted in the name of the real
What should be alleged? That it is a foreign corporation, not engaged in party in interest. Eg. Principal (owner of car) commissions agent to sell his
business in the Philippines, but suing in an isolated capacity. car. Agent finds a buyer and sells it to the latter. However, buyer doesn’t
>Where are corporate cases filed? Used to belong to the SEC, but now pay full price so agent files a case against the former. Buyer files an MD.
transferred to the RTC. In Manila, there are RTCs designated as Who is the real party in interest (RPII)? In other words, who gets to be
Corporate/Commercial Courts. affected by a decision? Of course, the Principal. So, if “Agent vs. Buyer”, is
>Lack of Capacity to sue is WAIVABLE. Thus it must be raised at the the action in the name of the real party in interest? No. Buyer can now file
earliest possible opportunity, else deemed to have been waived. an MD on the ground Lack of capacity to sue (agent not a real party in
>Legal capacity is stated and alleged in the complaint, also citing its interest). However, agent may amend the complaint and state, “Principal, as
authority. Defendant can verify. If capacity is fictitious, then file MD based represented by the agent” to cure defect. Now, action is in the name of the
on lack of capacity to sue because their documents are spurious. Same may real party in interest. The agent now becomes the representative party
apply for other grounds used for lack of capacity to sue. Defendant must because he acts in representation of another person. But what would be a
prove that basis for capacity are inexistent, fake, etc. better ground? Lack of Cause of Action. Why? Go over the elements. As to
>Can a plaintiff be subjected to a psychiatric exam? Modes of discovery is right, agent doesn’t have any; rather, the principal. First element
applicable if the physical or mental condition of a person is in issue. If it is palangwaleyna.
not in issue (eg.For sum of money), then no.But if psychological incapacity >Whom else can be a representative party? Guardian over ward.Fiduciary
as a ground for annulment, then modes of discovery may be applied.Or Capacity.
..appointment as a guardian over an insane person. The person may then >Lack of Capacity to Sue- We speak more of characteristic of plaintiff.
be subjected since it is in issue. Eg.Minority. A minor cannot sue. However, minor must be assisted by
>(5) Failure to State a Cause of Action- This is different with LACK OF parents or a guardian. Must reach the age of emancipation (21 daw).
COA (rule 2). Failure to State a COA is more of how complaint was stated. Insanity. Civil Interdiction (accessory penalty) – regains capacity when
More external.Form and substance of the complaint. This is also a penalty is served and all rights are restored. As to juridical persons:
WAIVABLE GROUND. Can the defect be cured by plaintiff if said ground >(6) LitisPendentia- A pending case. One of the NONWAIVABLE
GROUNDS.Can be raised at any stage in the proceedings. Check
was not raised in the earliest possible opportunity? Yes.
Certificate of Non-Forum Shopping, as it would state the presence or
>Eg. In the complaint of plaintiff who claims ownership over land, he stets absence of similar cases filed in other courts and speak of their status.
(sic) – he states that “I erected a swimming pool and planted palm trees and
>In order to know that there is LitisPendentia, (1) There must be an identity
cattages (sic) and benches over the land. I own all these improvements”,
of the parties, (2) There must be identity of the subject matter, and (3)
and thus files a quieting of title against a defendant also claiming ownership identity of the relief sought: These are in relation to previous cases.
over property. His title is noisy jeje. Plaintiff alleges that since he put up all
>Eg. Plaintiff vs Defendant for recovery of possession of a parcel of land.
the improvements on the land, therefore he owns the land. What is wrong?
During the proceedings, defendant gave said land to defendant’s son. Now,
There is a failure to state a cause of action. plaintiff files a second case (P vs D’s son) for recovery of the parcel of land.
Can D’s son file an MD on the ground of LitisPendentia? Is there identity of

14
parties? Yes. Identity of parties refers to the identity of interests that parties THE OWNER. THUS PLAINTIFF’S SON IS ALSO THE OWNER,
represent, and not the literal identity. The interest is over the parcel of land. DERIVING FROM HIS FATHER.
Since said interest is found in both cases, there is identity of parties. Now, is
there an identity of subject matter? Yes. As to relief? Yes! So is there a >There are 2 aspects of Res Judicata: (1) Barred by Former Judgment –
LitisPendentia now? YES. There is a pending case (P vs D). What is Law of the case. Example is given above (regular Res Judicata). (2)
plaintiff’s remedy? Amend the first case and include Defendant’s son as Conclusiveness of judgment – different from Law of the case. All but 2 of the
another defendant to resolve issues in one case. Further, this is to avoid 6 requisites must be present.
multiplicity of suits. What is the danger of allowing the 2 separate cases?
Conflicting decisions. >Eg. P vs. D for cancellation of DOS. P claims he never executed such
DOS and the signature appearing in the DOS is a forgery, and further, the
>Eg. Plaintiff vs Defendant for Forcible Entry. Subsequently, Defendant files property is a conjugal property requiring consent of wife, and consent in the
a case against Plaintiff for quieting of title. Plaintiff files an MD on the ground DOS was also a forgery. After trial on the merits, the court renders a
of LitisPendentia. Grant? NO. Is there identity of parties? Yes, they just decision dismissing the case, because the plaintiff’s claim of forgery has not
exchanged roles, but interest is the same. Is there identity of subject matter? been proven and therefore the DOS is a genuine document. Since in said
Yes. Is there identity as to reliefs sought? NO. Forcible Entry (better right to DOS the P sold the property to D, the latter becomes the owner. Hence, this
possess) is different from Quieting (ownership is the issue). Thus, these are first case became final and executory. After several years, P and D died.
2 separate cases. So deny the MD. Can these cases proceed D’s son then leased the property to X, and the latter built a factory on the
simultaneously? Yes. Can there be 2 different judgments? Yes. premises in question, paying rentals to the former. Here comes P’s son,
filing a 2nd case (P vs X for damages). X files an MD on the ground of Res
>As a rule, what gives rise to LitisPendentia? A second case. But it is not Judicata basing on the first case, settling issue over said property. Is there
always true that the second case is always the one to be dismissed due to Res Judicata? All requisites are present, except: ID of parties (D’s interest is
LitisPendentia. as an owner, and X’s interest is as a lessee) and ID of Reliefs sought (P –
cancellation of DOS, P’s son – damages, different COAs). THUS, THERE
>Eg. Both P and D claims ownership of land, and D is in possession of said IS RES JUDICATA AS TO THE 2ND ASPECT – CONCLUSIVENESS OF
land. 1 year period is over so forcible entry - ejectment can no longer be JUDGMENT.
filed, so plaintiff files a case of accion publiciana or recovery of possession
(1st case). Then, in the 2nd case, the defendant files a MD on the ground of
LitisPendentia and quieting of title. There is LitisPendentia, but the 1st case
is to be dismissed and the 2nd case is retained, because this is the case that
will thresh out the issues between the parties. Defendant is already in JULY 27, 2013
possession and thus files quieting. Retain the case that will resolve all the
issues between parties and Dismiss the other under the ground of LP.
VN-20130727-00001
However, P may file a counterclaim for recovery of possession. First Hour
>Supposing the first case is on Appeal, then a second case is filed. Can >STATUTE OF FRAUDS (refer to notes of classmates)
defendant’s son raise LitisPendentia? Yes. For as long as a decision as to >WAIVABLE
the first case has not yet become final, there is still LitisPendentia. If
>Sale of MV must always be in writing in order to effect a transfer.
decision becomes final and executor, ground now becomes “Res Judicata”.
>How about on the internet? Person orders red Ferrari but gets a yellow
>RES JUDICATA– Law of the case. Decision is final and executor. For Res pickup truck and pays with credit card. Is there a breach? Yes. How does
Judicata to set in, the above 3 requirements must be present in addition to
person prove that he did order a red Ferrari considering the Statutes of
(4) a judgment that has become final and executory, (5) rendered by a court
of competent jurisdiction, (6) and court rendered judgment under trial on the Frauds in consideration of the E-commerce Act? The E-commerce Act
merits. provide that for those transactions that require written documents under
Statutes of Frauds, these requirements are deemed to have been complied
>Trial on the merits- parties were given equal opportunity to present their
respective evidence (unlike judgment by default where evidence are with provided there are documents that can be produced that can be
presented ex parte). authenticated – what of an electronic transaction? Credit Card Statement of
Transaction. Proofs – website is credible. It is where the person made a
>Because these are the additional requirements, there is no longer an issue
as to what case is to be dismissed. The decision in the first case is already purchase. Person used credit card to make purchase as evidenced by
the law of the case, and therefore that law of the case will prevail all Credit Card Statement. If these can be authenticated, then deemed to have
throughout. Any other subsequent cases shall be dismissed. Will result in
complied with Statute of Frauds.
the dismissal of the 2nd and subsequent cases.

>Eg. P vs D for accionreinvindicatoria (recovery of ownership). Defendant >(10)Failure to Comply with a Condition Precedent (waivable)– Before
filed his answer. Case went to trial and a judgment was rendered in favor of
one goes to court, all other requirements must have been complied with (Eg.
P. Thus, he recovers ownership. Judgment becomes final and executory,
rendered by a court of competent jurisdiction after trial on the merits. Referral to Lupon as provided by the LGC). Other cases – Actions between
Subsequently, P and D died. Their children now have grown up. (well no family members require earnest efforts towards compromise. If in Barangay,
body watches Dallas). D’s son now files a case against P’s son for recovery
certificate to file an action. What about suits between family members? State
of possession of P’s property where P was declared as the owner. P’s son
then files an MD on the grounds of Res Judicata. Let’s check, in the first allegations in the complaint, “this is a suit between family members and
case: (1) Is there ID of parties? Yes, they both represent interests of their earnest efforts were exerted via several family meetings in order to arrive at
fathers. (2) Is there ID of subject matter? Yes – parcel of land. (3) ID of
a compromise; however, all efforts failed” – to be proven in a trial. Family
relief sought? Yes, both want the property. (4) Has a judgment become final
and executory? YES. P has been declared an owner. (5) Has the judgment would refer to cases involved parents and children – immediate family
been rendered by a court of competent jurisdiction? YES. (6) Was judgment members (parents vs children, children vs children). What if Brother vs.
rendered under trial on the merits? YES. Therefore, grant MD of the 2nd Brother and Brother’s Wife? No need to exhaust all efforts because a
case on the ground of Res Judicata. No longer necessary to determine as to
what case shall thresh out all issues. LAW OF THE CASE: PLAINTIFF IS stranger is involved (wife). Another case, Administrative cases – exhaustion

15
of administrative remedies. Outline in the complaint the steps taken to the AD, the hearing continues and looks at the remaining defenses, the ND
exhaust all administrative remedies. (Specific Denials).
>An answer may both have AD and ND, or only the ND.
>MOTION TO DISMISS – CAN EITHER BE GRANTED OR DENIED. >Answers, defenses, etc are numbered for easier reference.
>IF GRANTED, CASE WILL BE DISMISSED. However, the remedy of >If it is an ABSOLUTE DENIAL, must state reason behind denial.
appeal is available to a plaintiff. >Eg. In an allegation, it says that D signed a PN. The D then absolutely
>IF DENIED, DEFENDANT WILL BE REQUIRED TO FILE HIS ANSWER, denies said allegation by stating that D does not know how to write.
within the remaining period he has left after he filed the motion to dismiss. Absolute Denial + Explanation. What if only the absolute denial was given
>Eg. Defendant receives summons July 1, 2013. Thus, he had 15 days to but was never explained? This is what is called a Negative Pregnant (Open
file an answer. Instead of filing an answer, D files an MD on July 5. Since to multiple interpretations).
an MD is a litigated motion, this was heard on July 12. However, the court >PARTIAL DENIAL may also be given (admit some, deny some).
denied it on July 22. However, D’s counsel received this on July 26. How >Eg. In the allegation- “That defendant appeared in the house of the plaintiff
many days does D have left to file an answer? and up to when? According and signs promissory note.” The D can make a partial denial, “That
to NCC, exclude the 1st day and include the last day. Also, the filing of the defendant admits being in the house of the plaintiff but denies signing the
motion interrupts the period. When counting the days, we include weekends promissory note because the defendant does not know how to write”.
and holidays. And if the last day falls on a weekend or on a holiday, it does >LITERAL DENIAL – Denial is made because there is no sufficient
not continue to run until the next working day. Thus, based on said rules, knowledge to form a belief as to the truth or falsity of plaintiff’s statement.
what are the answers? >Eg. In an allegation, it says- “Because of the act of defendant, Plaintiff
>Supposedly, he had up to July 16 to file an answer. So we exclude July 1 suffered depression and couldn’t eat or sleep, thus defendant must be made
when summons was received, according to the NCC, and also exclude filing to pay damages”. Defendant has no knowledge of such so he makes a
of MD on July 5, since this interrupts running of period. Given so, 3 days has LITERAL DENIAL, having no basis to say whether such are true or not.
lapsed (July 2, 3, and 4). 15 -3 = 12.Thus, he had 12 remaining days. >Look at the answers filed by defendants and try to identify what kind of
Then, count 12 days from July 26 (again, exclude July 26 from counting denials are made.
since it is a 1st day). We arrive at August 7 after counting 12 days, including >Avoid blanket denial. “The defendant denies everything!!!”. A blanket
the 12th day (last day as according to the NCC). Thus, he has 12 days left to denial is deemed an admission.
file an answer, and he has up to August 7 to file an answer. >Who brings out the issues in every case? It is the DEFENDANT. Why?
>Why start counting from July 26? Because it was the date when defendant Because defendant is the one who denies or admits. In the plaintiff’s
received notice of the denial of the MD. complaint, we just have a story about how his right is violated. We still don’t
>Supposing a Motion for a Bill of Particulars? Same.Anything that interrupts. have an issue because we do not know whether such allegations are true or
General rule- do not include the day you received the summons or the day false. Upon the answer of the defendant, admissions and denials are made.
that interrupted the period. Start counting again from the time of the receipt Upon admission, there is no issue; however, upon denial, a conflict is
(not the denial per se) of the denial. created giving birth to an issue. If defendant admits everything, then a
>However, if Motion for Reconsideration, we have a fresh 15 days from judgment based on the pleadings may be rendered, there being no issues.
denial of said motion.

Second Hour
>The answer of the defendant usually need not contain verification. But
>DEFENDANT NOW FILES AN ANSWER.
when should an answer contain a verification? Verification becomes
>Remember that Plaintiff files the initiatory pleading (starts the ball rolling),
necessary when the complaint is based on an actionable document (any
which requires a CONFS and Verification.
instrument that becomes the basis of the case, eg. Promissory Note –
>What about an Answer? This is a RESPONSIVE PLEADING. Will this
collection of sum of money from an unpaid loan based on a Promissory Note.
require a CONFS? No. This is only mandatory in initiatory pleading. How
Breach of Contract – Contract is the actionable document). So what if it is
about a verification? Not necessarily; however, there are instances where
based on an actionable document? A document contains an agreement put
such is required in an answer.
in writing, which could be a gospel truth unless proven otherwise. What is its
>Answer contains the defenses of the defendant. These defenses can either
connection with the verification? The rules require that when such document
be Negative Defenses (ND) or Affirmative Defenses (AD).
is to be denied, then it is to be specifically denied under oath. How? In
>ADs are all the grounds for MD. “Yes, even if all those things that you are
verifications, there must be a sworn statement to the effect that everything
saying are true, still you cannot recover from me because – GROUND”. ADs
stated by the lawyer is the truth and that client can prove such claims as
are hypothetical admissions of plaintiff’s allegations.
truth, and signed by the client. To determine that the specific denials of
>Instead of filing an MD, D might as well include AD in his answer.
defendant are under oath, there must be a verification. If there is no
>Can a D’s answer include both AD and ND? YES. Why? Just in case his
verification to a specific denial, then the defendant is deemed to have
AD are denied, then the ND can compensate.
admitted the due execution of and genuineness of the actionable document.
>ND are specific denials.
>Eg. P vs D based on a Promissory Note. In the complaint, P alleges that D
>Right after an answer is filed containing AD, a hearing is conducted
borrowed 100k for which he executed a PN stating that, “I, D, promise to pay
(litigated) to determine whether grounds are sustainable. If the court denies

16
P the amount of 100k on or before June 1, 2013”. Is the PN an actionable >Aside from the answer, the D may also couple another pleading with his
document? Yes, because it is the basis for the sum of money, showing that a answer – COUNTERCLAIM (CC). Is there a CC that goes on its own? None.
loan has been incurred. In the D’s answer, he says, “I specifically deny that I It must be coupled with an answer. Answer will merely contain D’s
signed the PN because that signature on the PN is a forgery. That is not defenses, but the CC contains the COA of the D. For plaintiff, COA against
how I sign my name. I just scribble my initials, and yet in the PN, my name is defendant is embodied in a complaint, while for defendant, COA against
clearly spelled out.” Did the D specifically deny it? YES. However, there is plaintiff is embodied in a CC (not another complaint).
no verification (because the lawyer forgot). Plaintiff files a Motion for >SOOOoooOOooww, it’s like dot! You think you are di only one? Me I also
Judgment on the Pleading (available only to a Plaintiff, based on an answer have!
filed by defendant that tenders no issue). What is the effect? Defendant is >Recoupment – another term for CC.
deemed to have accepted the due execution and genuineness of the >How will the plaintiff file the CC? By coupling it with the answer. “Answer
document. He can no longer question this. Due execution – done willingly with Counterclaim”.
(under no duress) and Genuineness – Real signature, and he was the one >In one document, the D has 2 pleadings: 1st pleading is the answer
who signed it. If this would be the case, as a judge, should you grant the containing all his defenses, while the 2nd pleading is the CC containing the
motion for judgment on the pleading? YES. Why? Because defendant COA.
brought out an issue but admitted it, because he did not make a specific >What if D forgot to include the CC in the answer? Can he bring it in the
denial under oath. same case? Depends on the court, but must be brought before judgment is
>What if in D’s answer, he says, “yes, I signed the PN in his presence, but P rendered. Also, there are 2 kinds of CCs, either compulsory or permissive.
did not give me the money”. In effect, what D is saying is that there is no >Compulsory Counterclaim (CCC)- One that arises from the same
consideration for the PN. transaction subject matter of the complaint. Meaning, it is compulsory
because it is related to the complaint filed by plaintiff. If there is no complaint
from the plaintiff, then there is no ground for the CCC of the defendant.
>The given denial was not supported with a verification, so the P files for a >”Because this case was filed against me, my reputation in the community
Motion for Judgment on the Pleadings. Grant or Deny? Deny. Why? got besmirched”
Because denial was merely partial. Verification is needed for denials where >”Because of a ruined reputation, I should be entitled to moral damages in
“due execution and genuineness” (DEG) is involved. D never raised fraud or the amount of P20.00”
forgery. Lack of consideration is a different matter and has nothing to do >Hyat: Ma’am, time na….
with (DEG). Consideration refers to the intrinsic part, unlike DEG which >Judge M: uuuUUoooOOhhh you just let me finish dis! That’s the problem.
refers to the extrinsic part. The actionable document rule only presupposes You should have never let me start.
due execution and genuineness of the document itself and does not talk of >”I have to defend myself, which is why I hired a lawyer to whom I promise to
any other thing aside from that. give P500,000.00 because he took the bar 5 times”
>Every signature is MONEY! Absurd. >And that is a CC. Is it compulsory? Yes, because it would not have arisen if
>All allegations must be captured in one statement and sworn in the not for the suit filed by the P.
verification, which is signed by the D. >I’ll see you on Tuesday for the quiz, and Ariel, thank you so much for the
>If complaint is not based on an actionable document (eg. Damages- I pens. Next time bring them again.
promise not to run you over, or Specific Performance), is verification
necessary in an answer? OF COURSE NOT. However, if it is based on an
JULY 31, 2013
actionable document, a verification is necessary in order to show that the
requirement of a specific denial under oath has been complied with. What VN-20130731-00002
we are saying is that if it is an actionable document, you have to specifically
deny that document, that it is untrue, and saying that needs to be under oath,
FIRST HOUR
presupposing telling the truth.
>RECAP:
>The defendant must execute a statement under oath in the verification to
>Negative defenses- Specific Denials
the effect that everything his lawyer wrote was the truth. Again, if not under
>Affirmative denials – Grounds for MD
oath, the D is deemed to have admitted the DEG of a document. Thus, P
>Must they be verified? General Rule, NO. But if answer is based on an
can now file a Motion for Judgment on the pleadings.
actionable document, then specific denial must be under oath. Via sworn
>Must the D furnish a copy of his answer to the P? YES. How? Same with
statement of defendant in the verification.Based on an answerable document
service of pleadings – Personal, Registered Mail, etc.
– verified.
>Supposing D furnished a copy to P’s counsel via registered mail, and
acquired a proof of service. D then files the same in Court, however absent
>The answer can be coupled with a counterclaim. A CC is the claim of the
the “explanation”. P now files a Motion to declare D in default. Must the
defendant against the plaintiff.
Court grant the motion? YES. Why? Because D failed to include a written
>Eg. Defendant files a claim against Plaintiff if D himself has a claim against
explanation as to why personal service was not done and registered mail
the P. That is called a CC.
was resorted to. The answer is deemed a mere scrap of paper, as if no
>In other words, a CC is the claim of the D against the P.
answer was filed.

17
>How about the Answer, is that also a CC? No, the A contains the defenses. >EG. P vs D for recovery of personal property (car). D just files an answer
From the word itself, it is an answer against the complaint. But for a CC, it without a CCC. Decision – D, return the car to the P, the latter is the rightful
also contains a complaint against P. owner of the car. Decision becomes final and executory. After returning the
>It is called “Recoupment” in other books (to get back). car, D realizes that he forgot about all the improvements he made on the car.
>A CC can either be Compulsory or Permissive. So D now files for damages against P to recover the expenses he incurred
>If Compulsory, it arises from the same transaction subject matter of the when he made improvements on the car. As the P, have the case dismissed
complaint. and grounded on RES JUDICATA. There is now a law of the case from the
>Regular CC, “Because of this case filed against me by the P, I was 1st case. The D should have raised the damages in the CC, because it
constrained to hire the services of a lawyer for which the P should be made would have been a CCC as it arises from the same transaction subject
to pay. I suffered sleepless nights thinking about what this case is going to matter of the complaint.
do to me, for which the P should be made to pay moral damages. My >GUIDE QUESTION: Will the evidence needed in the first case (in the
reputation in the community is now destroyed because everyone is talking complaint filed) be the same evidence that will have to be produced in the 2nd
about me. Etc…” case? In fthe first case, P had to prove that he owned the car, and therefore
>Those are all compulsory complaints because they arise from the same was entitled to it. What about D? D also had to prove that he had a reason
subject matter of the complaint. Because it is compulsory, what is the to own and thus keep the car in order for the case to be dismissed. So,
requirement? To be compulsory, it must be within the jurisdiction of the those are the sets of evidence needed – proof that P owned the car and that
court. D also had a right to the car. You go to the next case for damages. What
>Eg. P vs D for sum of money. Because this was only for 300k, it was filed evidence now does the D have to prove? He will have to prove that he was
in the MTC. However, the D had a CC. In his CC, he says that, “I am an the owner of the car which is why he installed all the improvements. And
outstanding citizen in my community, and I already paid that measly 300K. what does the P have to prove so that he won’t be liable for damages? He
Now, because of what you did, you should pay me. But since I am not only would have to prove that he was the owner of the car so the D would have
worth 300k and more than that, my counterclaim is now 1M.” no right to introduce improvements.
>Is that a compulsory CC? NO. Why not? It may arise from the same >Are those sets of evidence the same with the 1st case? YES. Thus, a CCC
subject matter of the complaint but definitely it is outside the jurisdiction of and should be raised in the main complaint with the answer or anytime
the MTC. So can the MTC take cognizance of the CC? It cannot because it before judgment. If filed with the answer, then OK. But if filed before
is outside of its jurisdiction. If the D insists on maintaining his CC there, the judgment, LEAVE OF COURT IS NEEDED. Done via MOTION FOR LEAVE
MTC can dismiss it outright. So even if it arises from the same transaction, OF COURT TO FILE CC. Attach a CC with the motion.
to be compulsory it must be within the jurisdiction of the same court. >When you file a motion for leave of court, you have to attach what you want
>Are we saying then that the D can file another separate case in the RTC, the court to consider (CC).
this time the D as P, and the P as D as a CC? YES, provided that he has >This is because the Court must first read the CC to determine whether they
grounds. Will it be for sum of money? No. Damages, based on Malicious would grant the motion.
Prosecution. >If meritorious, MOTION FOR LEAVE OF COURT may be granted. The CC
>Supposing the first case was dismissed in the MTC because the D was attached to the Motion may now be admitted and made part of the records of
able to prove that he paid. How about the case filed in the RTC? Will it the case.
continue or will it be dismissed? Since it is now a separate case, the RTC >Is a CC an initiatory pleading? It depends. If it is compulsory, it is not an
can decide accordingly (either dismiss it because the case from where it initiatory pleading because it is a continuation of the first case. But if it is a
arose was dismissed, or can continue to hear it if there are indeed grounds permissive CC, it is an initiatory pleading.
for malicious prosecution). >Eg. Refer to a pleading with a CC.
>But the point is, if it is really a CCC, it must be within the jurisdiction of the Prayer
court. 1) That the complaint is to be dismissed
>Eg. P vs D for sum of money (300k). D has a CC claiming that for the past 2) That on his CC, the Court order the P to pay the Defendant
2 years, he worked as a caretaker for P and has never been paid for 2 years >D is asking for the dismissal of the case and is also asking for P to pay.
amounting to 200k. Further, D asks for offsetting which would amount now >Does a prayer need to be verified? Yes, because it has a complaint. And
to 100k. Is this now a CCC and within the jurisdiction of the MTC? The complaints always need to be verified.
amount is within the jurisdiction of the MTC, BUT THE NATURE IS NOT. >Must there be a certificate of nonforum shopping? Depends.
Why? Employer-employee relationship is involved, unpaid salaries, wages, >CCC doesn’t need a CNFS. But for PCC, CNFS is needed, plus docket
belong to the NLRC and not the regular courts. So is it a CCC? No, because fees.
the regular courts have no jurisdiction. >A PCC is separate and independent, and does not arise from the same
>What is a CCC? If it is a CCC, it has to be included in the main case, transaction subject matter of the case.
otherwise it may never be filed anymore. >Eg. P vs D for recovery of real property. However, D alleges that when
>What if the CCC was not included in the answer, will you be allowed to they were good friends, P borrowed money from him for which P signed a
raise it anytime? Yes, the court will allow anytime before judgment. On what PN the amount of which is 500k. Therefore, D now wants P to pay him the
grounds?FAME. 500k loan. Is there a connection between the recovery of real property with
the PN? None. So meaning, can the D file an entirely separate case? YES.

18
But in order to avoid multiplicity of suits, D can include it as a Counterclaim ancestral land. Anyway, as alleged, the DOS had no approval from the
via PCC + Verification + CNFS + Docket Fees (A separate complaint NCIP. However, the case was dismissed because it turned out that there
altogether). was no forgery and that the NCIP approved it. The H&W was able to
>For CCC, initially there is no docket fees, but upon judgment on the CCC in produce a DOS with the approval of the NCIP. What was attached to the
favor of D, the docket fees will constitute the first lien on the judgment in complaint was a DOS without the NCIP approval. The P, not contented,
favor of the D. At first, the D need not pay because it’s a CCC, but if he filed a case (2nd case) against the H (W passed away) for damages because
wins, docket fees are deducted from what is to be awarded to him. H rented out the property to somebody else, and that P was claiming the
>PCC, may be included in the first case, or may also be filed entirely rentals alleging that he was the owner. But because of Res Judicata, the
separate from the main case. case was dismissed. The H then also died, and the P filed a 3rd case against
>Eg. Interesting case daw. A truck and a van had a collision along a bend in H&W’s children, reiterating the above-2 claims (which landed in Judge M’s
the road. Van landed in the ravine and was totally wrecked, while the truck court). The children filed an Answer with CC. Their answer contained
only suffered some damages on the front part. The first one who filed the affirmative defenses – Res Judicata, while the CC (enough is enough)- “we
case was the truck owner against the van owner, claiming that the damages incurred several expenses because of these expenses from the time of our
amounted to 120k, thus filing it in the MTC. The van owner, upon filing of the parents by the same old man. Thus we should be entitled to damages.”
case against him, also filed a case against truck owner. Because the van Thus, the 3rd case was dismissed, and the children of H&W were allowed to
was totally wrecked, the van owner filed a claim of 450k against truck owner manifest whether they would like to pursue the CC in the same case or file
before the RTC. The truck owner filed an MD based on litispendentia. Same another case. The children decided on the former, thus the court set the CC
parties, subject matter, and reliefs sought in both cases. Truck owner said for hearing to receive evidence. No more pretrial. Was P notified? Yes.
that D should have instead filed a CCC, because his claim arises from the However, during the presentation of the evidence of the CC, the P did not
same transaction subject matter of the complaint. But van owner questioned appear. The children testified about the cases filed by the old disgruntled
the possibility of this since his claims was outside the jurisdiction of the MTC. fellow. Now the children were claiming for attorney’s fees and damages.
Truly, D’s case is a CCC, but because of the amount, it is taken out of the The court rendered favorable judgment on their CC.
jurisdiction of the RTC. If 2 cases are allowed to continue, there may be >Was that a CCC? Yes. So far, that is the only CCC I granted in favor of the
conflicting decisions. What then can be done? CASES ARE TO BE D. All the other CCCs had no basis.
CONSOLIDATED IN ONE COURT. WHERE? RTC – COURT OF >Weak Heart Doctrine – Dismiss CCC hahaha. It takes more than saying
GENERAL JURISDICTION. “you could not eat or sleep” to prove moral damages. Anxiety and
>Consolidation is allowed in the RTC provided one of the cases is depression must be shown.
cognizable by the RTC. >P vs D1 and D2. P (complaint), D (counterclaim). But is it possible for a D
>If it is a CCC and is included with the answer, and the main complaint is to have a claim against another D? Yes. It is called a Cross Claim (XC). It
dismissed, is it automatic that the CCC is also dismissed? Not necessarily. is a claim of one defendant against a co-defendant arising from the same
When a complaint is dismissed, it does not carry with it the dismissal of a transaction subject matter of the complaint.
CC. Remember, affirmative defenses contain grounds for MD. Upon >If it is a CC, it can be compulsory or permissive. What about a XC? By its
hearing and court finds merit in the affirmative defenses in the answer and very nature, it can only be compulsory. It is just called an XC. If a D has an
dismisses the case, the dismissal is only limited to the complaint. XC against another D, then they should have different lawyers.
>The decision further continues, “The D is given 15 days from the receipt of >P lends money (1M) to D and E. But since D is the thinker and doer
this order/resolution stating whether he will pursue his CC in the same case, (manager), E takes care of the finances. Their arrangement as far as the 1M
or choose to separately pursue.” is concerned, D manages the business while E manages the finances in
>If D pursues it in the same case, such is set for reception of evidence. order to pay P. D gives money to E for the latter to pay their debt to P. But
>That is why do not file an MD else you foreclose (once MD is granted) your then, D receives a complaint from P for collection of sum of money so D
chance to file a CC. Because there is no such animal as a MD with CC. goes to E and asks him about the finances. D asks, “what have you been
Instead, file an Answer with CC so that you can pursue the CC even if the doing with the money, bitch?” D files his answer and also files an XC against
case is dismissed by merit of affirmative defenses. E for the latter to take responsibility.
>Answer + XC. Check sample pleadings. D says, if the court finds me liable
SECOND HOUR for my share, then by way of XC, I want E to shoulder everything (that E be

>Students: Ma’am rest, REEEST!!! made to pay all the loan including what I may be liable for).

>Judge M: No. I’ll finish this. >XC, by its very nature, is compulsory. So, if the main case is dismissed, will

>Another Eg. 1st case was filed by P against H&W for cancellation of a deed it carry with the dismissal of the XC? YES, because it has no more legs to

of sale (DOS) claiming that the DOS was not signed by the W, the property stand on. The complaint gives rise to the XC. Were it not for the complaint,

being conjugal, and that any disposition thereof needed wife’s consent. In there would not be an XC. So when you dismiss the main complaint, then

the DOS, it is alleged that the W’s signature was a forgery. Another ground there would no longer be an XC to speak of. The XC is dependent on the

that was mentioned was that the DOS was null and void because the H&W main case.

are members of the indigenous people. Under the NCIP, for the disposition >Must an XC be verified? An XC is a COMPLAINT by one D against a Co-

of a land by someone from the IP, it should bear the approval of the NCIP. D. So must it be verified? YES.

Why? To show that IP understand what they are disposing of – that it is an

19
>Does an XC require a CNFS? An XC, as a general rule, is not an initiatory
pleading. HOWEVER, in a Supreme Court Circular, they consider an XC an
initiatory pleading for the purposes of DOCKET FEES.
>If taxes are the lifeblood of the nation, docket fees are the lifeblood of the
courts.
>Thus, being included among those considered as an initiatory pleading, an
XC require a CNFS.
>Also, because it concerns matters separate from the P but only between 2
Ds, then it would also need CNFS.
>Despite that, an XC derives its life from the main complaint. No main
complaint, no XC.
>Otherwise, dismissing the main complaint and letting E pay D would be
UNJUST ENRITSMENT.
>Since by its very nature a XC is compulsory, it then has be raised in the
main case.
>Can it be raised at any time before judgment (like a CC)? YES, but with
Leave of Court. The court will allow filing of XC on grounds of FAME, before
the judgment is rendered. If XC not raised in the same case, then it is
forever barred. That is why an XC has the same effect as a CCC.
>Question? Yes Valentine’s Day.
>Val: Ma’am can E file a CC against the XC filed by D against him?
>Judge M: So can E have a CC also against D?
>Val: Yes ma’am.
>Judge M: You know, you don’t call it a CC because the CC is only against
the person who filed the case. E can file 2 answers- Answer to a complaint,
and ANSWER TO XC. Not “Answer to the XC with CC”.

20
 -Thus, under this, any kind of amendment can be made provided it is

FINALS done only once.

-Based on the above-example, when the Court receives the

amended complaint (which confers jurisdiction now to the RTC
AUGUST 29, 2013
because of the assessed value of 50K as to Recovery of Possession)
and finds that the MD no longer has a basis (LOD – Forcible Entry),
the MD is denied without hearing and Defendant is given 15 days to
AMENDMENT file an answer to the amended complaint.

-Any correction, substitution, alteration of the original pleading. -Again, before being served the answer, P tries to make a 2nd
amended complaint adding damages and makes the proper
-Underline the “amended” in the heading “Amended Complaint” underlining. Now it becomes, “Recovery of Possession and
Damages”. Will the second amendment be allowed? NO MORE.
-“Went to the house” is changed to “Went to the store” Why? Because it is already the 2nd amendment and that the P is only
entitled once before service of a responsive pleading.
-This is done for the Court to see what exactly are the changes
made. It can also be put in bold letters (consider etiquette), but -Supposing the MD was set for hearing on September 6, and on that
underlining is sufficient. day the Court says, “ok we will consider the Motion submitted for
resolution”. Before the Court could even resolve the MD, here
-What’s important is that the Court immediately notices the changes
comes the amended complaint “For Recovery of Possession”. Can
made.
the court still accept it? Take note that the MD was heard already,
-Can the Plaintiff amend his complaint? Yes. Can the Defendant and is submitted for resolution. But before the Court could issue a
amend his answer? Yes. When? It depends on the kinds of resolution, the amended complaint is submitted. Will it still be
amendments made. accepted? YES, because there is no resolution yet. Again, a MD is
not a responsive pleading.
-1) Amendment as a Matter of Right- A matter of right. You can
put any amendment. It is only a matter of right if done once before a -Suppose the Court Dismisses the case based on the MD. After the
responsive pleading is served (not “filed”). There is a difference P receives the decision, he files an amended complaint on the next
between “served” and “filed”. day. Should this be accepted? YES. The decision is not yet final (15
days from receipt). Therefore, P can still amend complaint before
-For the plaintiff, he can amend his complaint as a matter of right expiry of said period, provided he does it once before a responsive
before he receives the answer, and not when it is filed. pleading is served.

-Eg. Today, you receive the answer. [Since service comes before -Amendments should be done within the time given the D to file an
filing (what is filed in court is one that shows proof of service)] answer (15 days).
However, the defendant won’t be able to bring the answer to Court
tomorrow. He is only able to bring it to Court on Monday. From -ASSIGNMENT: PERIODS WITHIN WHICH TO FILE RESPONSIVE
today and tomorrow, can you still amend your complaint as a matter PLEADINGS.
of right? No more. Because you received the answer today
-Answer- 15 days.
(served to you).
-Foreign juridical entity licensed to do business in the Philippines- 15
-If as a matter of right, you can amend anything. Eg.P vs. D for
days if summons is served to a resident agent, but 30 days if served
Forcible Entry. The assessed value of the property is 50K and P files
to a Gov’t office entitled to receive the same.
the case before the RTC. Right away, the Court can dismiss it
outright. On what ground?Lack of Jurisdiction.Even if the amount is -How many days to file a reply? ASSIGNMENT. Memorize the
50K. Why? Because Forcible Entry is under the exclusive jurisdiction
periods and the dates.
of the MTC. But, the RTC was not able to see that. It took
cognizance of the case. When summons was served on defendant, -So, P is to be guided by the 15-day period in filing his amended
he saw that it was for Forcible Entry and was filed before the RTC. complaint.
Thus, D filed an MD grounded upon LOJ. Plaintiff receives MD. This
time, P files an amended complaint. The MD is set for hearing on -How about D? He wants to amend his answer as a matter of right.
Friday next week, Sept 6. He thus files an amended complaint, and Can this be done? Yes. When? Once before a responsive pleading
underlines “amended” and changes complaint “Recovery of is served. What is the responsive pleading to an answer? A reply.
Possession” and underlines it. Is this amendment allowed? (an How many days does the P have to file a reply? 10 days from receipt
amendment conferring jurisdiction to a court that had previously no of the answer (That is your assignment but I am giving it to you as a
jurisdiction – super super substantial). Yes, the amendment is bonus).
allowed. Because it is an amendment as a matter of right. ONLY
ONCE BEFORE A RESPONSIVE PLEADING IS SERVED. But wait! -Isn’t it that the filing of a reply is optional? (Except when answer is
There was a Motion to Dismiss! No, an MD is not a responsive based on an actionable document – mandatory, so D can deny under
pleading. What is a responsive pleading to the complaint? oath). Whether or not a reply is filed, the effect is the same. When
ANSWER. Was there an answer filed? None. What was filed by D would it be considered as a Matter of Right when a D wants file an
was an MD. answer (considering that usually responsive pleading to an answer –
reply is optional)? When will we recon it? 10 days from receipt of
the answer. Therefore, if the D wants to amend his answer as a
21
matter of right, he has 10 day from the time he served his answer to already on record. Order is just for the increase of docket fees. If
the P. But if the period expires, no longer a matter of right because P there is no payment and there is no amendment, the additional
will no longer file a reply. docket fees shall serve as the first lien on the award.

-Summary- If its for the P, no problem because there will always be

an answer – thus, 15 days. But, for the D who wants to amend his
answer but is unsure whether P is going to file a reply, then it is to be -EFFECTS of Amendments:
based on the 10-day period from service of answer to P. After the
1) It supersedes the pleading it intends to amend. Supersedes –
10-day period, even if there is no reply filed, it is no longer a matter of
prevails. Prevailing complaint / answer, superseding the old
right. It will already have to be with leave of court.
ones.Now controlling. Original complaint / answer remains on
- record. It’s just that it will no longer be considered because it has
been superseded.
-2) Amendment with Leave of Court- Needs a Motion for a Leave
of Court. “Motion to File an Amended Pleading”. When does this
come in? After a responsive pleading is served. Or, second
amendment before a responsive pleading is served. Or,
substantial amendments.Discretion of Court. AUGUST 31, 2013
-What are considered substantial amendments? Eg.Increasing the
liability of a D from 500k to 1M.Or including another defendant.Or,
changing of COA. +++FIRST PARTS WERE NOT RECORDED+++

-Motion for Leave to File an Amended Complaint / Answer is a

litigated motion. At all times when you ask permission from the
court, it is always a litigated motion because the court before -That marked document now becomes part of the judicial affidavit of
exercising its discretion has to listen to what the adverse party has to the witness and must therefore be attached to the judicial affidavit.
say to the motion. Then, depending on the ruling of the court, it will What do we attach? The original copy. You will learn in your rules on
accept amended complaint/answer. evidence that the best exhibit is the original document itself. At the
end, the witness signs.Since it must be under oath – then Jurat.

-NOT YET COMPLETE. The lawyer who took the statement must
-3) FORMAL AMENDMENTS – Simplest. Only refers to clerical and also prepare an attestation clause. He will state that he, as the
typographical errors. Can be done during the pre-trial lawyer, was the one who propounded the questions to the witness,
stage.Eg.Grammatical errors. You can just cross out such error and received the answers, recorded it, and did not in any way coach the
insert correction, signature on top, and date. (instead of filing a whole witness. He also has to appear before a notary public and he himself
new complaint) Eg.“Okay madam witness, when was you born?” will testify to the notary public as to the truth of his attestation clause.

-Non submission of a verification. How do you cure absence of -So in the Judicial Affidavit, you will see 2 Notaries Public. (The
verification? Just make a formal amendment including a verification. lawyer who took the statement and the lawyer who subscribed to the
What if complaint has no CONFS, can it still be amended to include oath of the first lawyer).
such? NO. Absence of a CONFS is not curable by amendment.
-Judicial Affidavit must be submitted together with pretrial brief. If not
-Any clerical or typographical error, or the absence of a verification submitted, or a wrong JudA is submitted, the judge can fine you.
can be cured by a formal amendment. Finest Judges.

-In trial, the witness who has a JudA is presented. He will take the
witness stand and will be sworn in. Will be shown and asked about
-4) AMENDMENT TO CONFORM TO EVIDENCE- P vs D (damages the JudA for direct testimony. This cuts down the proceedings.
based on quasidelict). However, in the complaint, P only spells out
hospital bills, loss of income, professional fees (all of which are -JudAare attached together with the exhibits. It is submitted to the
actual damages) amounting to 500K. Thus, D files an answer and court and furnished to the adverse party, for the latter to be ready for
they proceed to trial. In the trial, the only issue raised was WON the the cross. (photocopies of the JA and exhibits
P is entitled to her claim of actual damages in the amount of 500K.
That is only the issue. During the trial, P takes witness stand and -JDR IS MANDATORY IN ALL CIVIL CASES. However, in criminal
she testifies and presents all her receipts, bills, pay slips, etc. After cases, if the penalty is 6 years and below, it is mandatory (MTC has
such, the P starts to give testimony regarding her ugly scar (run on jurisdiction). Thus, all criminal cases before the MTC requires the
her stocking) and tries to prove moral damages. At that point, can use of JDR. But if penalty is 6 years, one day and up, the JDR will
D’s counsel object? YES. If D’s counsel does not object and Court apply only if the accused gives his consent. In these criminal cases,
believes there are grounds for Moral Damages even without such who will get the testimony of witnesses? The prosecutors. Huge
having been stated in the complaint, can the Court award Moral implication, as it cuts short their gulf gulf time.
Damages? YES. The court will have to order the P to amend her
-For criminal cases, JDR is not applicable until January 1, 2014.
complaint in order to conform with the evidence.
They have a 1 year reprieve to arrange logistics in their office.
-But despite the order, the P does not amend her complaint. Can the However, if there is a private prosecutor, JDR applies. The private
Court still award Moral Damages? YES because the evidence is prosec has to prepare the JudA.

22
-Supposing the lawyer is lazy and puts things straight in English? -“Wherefore, finding the compromise agreement not contrary to law,
Upon cross-exam of said witness and English is used, testimony can morals, public policy, etc. the court approves the compromise
be objected against. Once the court sustains this, the witness can agreement and renders judgment in accordance with the terms and
no longer be presented. JudA was wrong from the start because it conditions of the agreement, and the parties are directed to comply
was prepared in English. So make sure you put it in the dialect of the with the terms and conditions faithfully and religiously.” That would
witness. now be the judgment.

-Lawyer’s perception, not the witness’. -Judgment becomes final and executory on the day of the judgment
itself, because it is based on a compromise agreement. There is no
-The JudA of witnesses must be submitted together with the pretrial more trial. Therefore, since it was agreed upon by the parties, it
brief, at least 5 days before the pretrial date. becomes final and executory on the day the judgment is rendered.
Therefore, case is over. YEHEY! However, it is easier said than
-On the day of the pretrial, we do not have the pretrial. Why?
done.
Because we will have the Court Annexed Mediation (CAM). File it
first in Court then go to Mediation. -Mediation – win some and lose some
-In the Philippines, there is a referral to the Lupon but it doesn’t work -If mediation fails, they go back to the same court. Now arrives
because it is very political so they go to court anyway. Judicial Dispute Resolution. Still, no pretrial. Now, the judge
becomes the mediator (not as a judge). All testimonies and
-Under the new rules (which will take effect probably next year), you
admissions are confidential. Cannot be used in court.Bawal
have to show that you have undergone 2 mediations before going to
stenographers. Judge and parties lang.
Court (patterned from Canadian system). Under the new rules, you
go first to mediation. If it fails, go for arbitration. -Stories about how awesome Canada’s Judicial system. Jury system
and whatnot.High tech facilities and stuff. You will cry daw. Enjoy
-Right now we have mediation, but it is not in the Rules of Court. So
the fantasy before you go back to reality.
what is it’s authority? Check Rule 18 (Pretrial), under Section 2
(Things to consider during pretrial)- Alternative Modes of Dispute
Resolution. There must be other ways to resolve the case without
going to court. What would this be? Mediation. SEPTEMBER 3, 2013

-Accredited mediator is one who has undergone the necessary FIRST HOUR
training conducted by the SC under the Philippine Judicial Academy.
Qualification – At least 30 years of age. -Because we have CAM, on the day of the pretrial, we refer the
matter to mediation. If it is settled, then they have a compromise
-All civil cases require mediation. agreement, the court issues a judgment based on the comp-ag which
becomes final and executory on the day it is executed. However, if
-As to criminal cases- only the civil aspect of theft, estafa, qualified mediation fails, we go to judicial dispute resolution where the judge
theft, BP 22. Under the rules, the criminal aspect can never be acts as a mediator. We get the parties to come to a resolution of
compromised. During settlement of the civil aspect, we still proceed their problems.
with the pretrial of the criminal aspect.
-In JDR, you do not look at the rights of the parties, but rather at their
-It can also happen that upon compromise, the complainant would no interests. There may be rights that may be disregarded. If they
longer like to testify against the accused because of the settlement of agree, the judge drafts out the comp-ag and lets the parties sign it.
the civil aspect in the mediation. What happens then? The criminal The moment the comp-ag is approved, it becomes final and
case would be dismissed because there is no longer any testimony- executory on that same day.
not because it was compromised but because there is no more
evidence against accused. This is because the only who can give -In JDR, there is an Early Neutral Evaluation. Both parties are hard-
evidence (private complainant) refuses. That is the reason why the headed and would not like to look at proposals. Judge gives a
above-criminal cases are allowable for mediation as to the civil neutral evaluation of the “outcome” of the case based on their
aspect, and not other crimes such as murder, rape, etc. evidence. Eg. “You know, basing on your evidence, I think I will
judge in favor of the plaintiff.”
-In said criminal cases, may parties refuse to mediate on civil
aspect? YES. -If JDR fails and then goes to court, a different judge will handle the
case. The parties have the right to the cold neutrality of a judge.
-Lupon – lawyers not allowed. Mediation – allowed. With an ENE, impartiality is destroyed.
-If parties enter a compromise agreement in a mediation, said -If JDR fails, all discussed matter remain confidential and may not be
agreement is signed by parties. If lawyers are there, they also sign. used against each other in trial. Then, Judge will have the case re-
Then it is signed by the mediator, as well as by the staff of the raffled in other courts. Sometimes, this is the Pre-Trial proper but will
Philippine Mediation Center. be conducted by another court.
-If successful, the agreement is submitted to the Court. The moment -Supposing there is only 1 MTC judge and 1 RTC judge? That is
it is submitted to the Court, the court renders a judgment. What is why JDR is not jurisdictional. In single sala courts, if it is JDR, the
the judgment? It copies exactly the compromise agreement RTC judge does the JDR of MTC cases vice versa.
verbatim.

23
-2 judges – Judge to whom the case was filed for JDR and the Judge resolution authorizing the former (or even their lawyer) to represent
who conducts PT up to issuance of decision. them during the pretrial.

-Are all cases mediatable? Yes, except when it comes to probate. -If the defendant with the XC is the one present, he will be allowed to
present evidence ex parte against the absent defendant. But if the
-All civil cases, regardless of what kind of parties (natural or juridical), defendant against whom the XC is filed is present and the defendant
are to undergo JDR. Regardless of their residence, undergo JDR. who filed the XC is absent, then the XC will be dismissed.

-During the PT, the court will now issue a PT Order (PTO). Usually,
the first paragraph of the PTO will contain the authority given to
PRETRIAL PROPER
representatives (which shall be attached and made part of the record
-PT judge handles everything from PT to issuance of judgment. of the case). Then, there is a brief summary of the case. Then,
there is the stipulation of facts. Under this, there are those that are
-During the PT, the presence of all the parties is mandatory. It is not admitted and those that are disputed (Take note of stipulations of
enough that only the lawyers are present. However, if the parties proposals).
cannot be physically present, they execute a special power of
attorney in favor of a lawyer or whoever is going to represent them in -You have to be smart enough to know what and what not to admit.
the pretrial. When it comes to admissions, be very careful. Under the admitted
facts, presentation of evidence is no longer necessary, because they
-SPA, for purposes of pretrial, the authority of the attorney-in-fact have already been admitted. If not admitted, put it under disputed.
must be stated as contained in the rules (RULE 18, Sec 2). This rule During trial, these are now called “Judicial Admissions” because they
shows things to be considered during pre-trial. were admitted during the proceedings conducted in court. No need
to present proof as they are the evidence in themselves. However,
-Right now, mediation and JDR are not covered by the rules. But those that are disputed shall be subjected to the trial. Eg. Disputing
where do we derive authority? Look at Rule 18 – alternative rules of against the signing of the promissory note – has to be disproved.
dispute resolution. One of the things to be considered during pretrial. That’s why in the stipulation of facts, be careful with what you admit
or deny.
-Alternative ways of dispute resolution – other steps to be taken
aside from relying on the court . -After stipulation of facts, we go to the issues. The issue is
sometimes factual (detailed – eg. WON the defendant signed the
-If you cannot be personally present, the SPA should contain the
PN), but more often than not, shortened (eg. WON the plaintiff is
authority to enter into any of those listed from letters A to I. “I hereby
entitled to his cause of action).
give my attorney-in-fact the power to a…b…c… copy all”
-Because of the JAR, the parties identify and mark the exhibits. Prior
-If it is not all included, it merely becomes a regular SPA, and does
to the JAR, the exhibits are listed in a documentary manner. But
not contain the proper authority necessary.
now, documentary exhibits are no longer included. Testimonial
-Can an SPA also be used in mediation and JDR? Yes. However, it nalang.
must also contain not only all those mentioned in Rule 18, but also
-Trial Dates- In civil cases, the plaintiff always presents the evidence
the authority to enter into settlement in mediation or JDR.
first. In criminal cases, the prosecution is to present evidence first
-The presence of the parties is more important than the presence of because of the accused person’s constitutional right to presumption
the lawyer in the pretrial. If plaintiff is absent or has an AIF whose of innocence. However, accused may present evidence first when
authority is not complete, what is the effect? If plaintiff is the one he pleads a justifying circumstance.
who is absent, the complaint is dismissed. What if the lawyer is
-Is there an instance where defendant presents evidence first in civil
present? Still, the complaint is dismissed (unless the lawyer has a
cases? NONE. In civil cases, it is the plaintiff that claims his right is
complete SPA). However, the dismissal is only limited to the
violated. He has to be the one to present evidence.
complaint. What happens if there is a counterclaim? The defendant
is allowed to present evidence on the counterclaim. -Usually, in JAR, 1 day = 1 witness.

-Why? Presence of the parties is mandatory. -The PTO shall guide the trial. No other witnesses can be included.
Should have been included in the PTO. All witnesses should have
-If it is the defendant who is absent, or the lawyer is not armed with
been named in the beginning. No surprise attacks. Should appraise
an authority, or there is an authority but does not comply with the
each other of evidence.
rules, the plaintiff will be allowed to present evidence ex parte (before
the branch clerk of court who is a lawyer – just like in default). What -These can now give rise to the Motion for Summary Judgment.
happens to the CC of the D? It will be dismissed as well. This motion is filed only after pretrial. You want the court to resolve
the case already, based on the pleadings, the complaint, the
-If their lawyers are present, but the parties are absent, the case will
admissions, etc.
be dismissed.
-If a legal issue is what remains, no need to present evidence.
-But if vice versa, the court will reset the pretrial and cite the lawyers
Judge’s job is to look for applicable law.
in contempt, or fine them for failure to appear.
-Factual issue vs Legal Issue: Factual – won a certain incident
-If it is a corporation or juridical person, usually the president or the
happened, won D signed a PN, etc. factual – needing evidence
CEO represents. But, such authority must be contained in a board
because the judge is not a god that knows everything that happened.
24
As to Legal Issue- What law is applicable? Or the law is there but
both parties have different views on how the law is to be applied. No
need for evidence. SECOND HOUR

-MSJ- all the facts have been admitted and now only legal issues -After Pre-Trial, we now go to Trial. So what happens during Trial?
remain. This is the time where parties present their evidence.

-MSJ is filed either by the P or the D. On what ground? There is no -Eg. P vs D and E. D has a CC (vs P) and an XC (vs E). E has a 3 rd
longer any factual issue. MSJ is a litigated motion. PC against F (E as 3rd PP vs F as 3rd PD). F has a CC against E.

-Eg. P vs. D, E, F, and G. P is the owner of a parcel of land. D and -The P presents evidence first, of the allegations in his complaint. He
E wanted to buy the property. But to pay it, the property had to be can’t defend himself against CC yet. Next, D presents evidence as
mortgaged in order to pay for the property. But, the bank did not to 1) defenses in his answer, 2) his CC against P, and then 3) his XC
want to accept said property because the ones applying for the loan against E. D presents evidence all at once. After he presents
are D and E, since the property is in the name of P. If it was P who evidence, is he done? Yes. Then, it is E’s turn – 1) defenses against
would secure the loan, then there would not have been a problem. the Complaint, 2) defenses against the XC, 3) his evidence of his
So this is where the problem started. D and E told P to make a allegations in his 3rd PC. Next, F as to his 1) defenses in his answer
simulated sale. In the said DOS, the property is to be sold to D and to the 3rd PC from E, 2) and his CC against the 3rd Party (E).
E. Upon registration of the property in the latter’s name, they would
-After everyone has presented evidence, who goes next again? It
now apply for a loan. Once the loan is released, the money goes to
would be P, presenting his rebuttal against the CC of D or any other
P in payment of the property and then D and E shall pay the bank.
allegations. As for D, he can file a surrebuttal against the rebuttal.
However, there is a side contract saying that the property is not yet
There is no longer rebuttal against surrebuttal.
paid, and that the loan is to be used to pay for the sale. P agreed.
So, there was a DOS, and the title of the property was cancelled and -There is also what we call Separate Trials. On motion of the
registered in D and E’s name. So, D and E mortgaged the property parties, the court may allow upon its discretion separate trials. Same
to the bank (F), the latter releasing the loan to D and E. However, D as above. First trial would be for P to present evidence as above.
and E did not pay P. Worse, they disappeared. So, F foreclosed the Second trial would involve D as above. And so on. In separate trials,
mortgage since the loan was not paid. During the foreclosure sale, G there can only be one judgment if there is one case.
was the highest bidder. Therefore the property was transferred to G.
P, upon knowing all of this, filed a case against F and G (didn’t want -In the first approach, all the parties have to be present, unlike in the
to file a constructive summons against D and E). So F and G filed an separate trials, the parties involved will need to be present. The first
answer. What P wanted was the return of the property in his name. method is the procedure adopted now. The separate trials are
During the PT, the parties were there. In the proposals for discretionary upon the court.
stipulation, P admitted that during the mortgage, the property was
already in the name of D and E. P also admitted that the title was -All witnesses are subjected to direct, cross, redirect, recross. But
clean (no memorandum of encumbrance). P also admitted that the now, JDR takes its place.
sale was foreclosed, and that G was the highest bidder, and that G
-This time, upon filing of postponement, there is now a fee.
was not a privy or a party to the transaction between P and D&E, nor
a party bet transactions bet D&E and the bank, and that G was an -Illness – Med Cert subscribed by a notary.
innocent purchaser for value and in good faith. Thus, counsel for F
and G filed a Motion for Summary Judgment. The only recourse of P -Subpoena- a Court writ/process directed to a person to appear and
is against D and E. Was there a factual issue? None. There was testify in court under penalty of law.
only a legal issue. So, the Motion was filed and then was granted.
No longer needed trial. -Subpoena ad testificandum and Subpoena ducestecum. The first
one refers to the act of testifying. As to the latter, it is directed to a
-Summary Judgment comes in after pre-trial because the court takes witness to bring certain documents, books, or records to the court.
into consideration the admitted facts. When the court allows Must he testify on them? Not necessarily. Because these are just
summary judgment, it will direct the parties to submit their respective records in his possession, and he would not necessarily know about
position papers. it or its contents.

-However, in the above-case, P opposed the Motion for Summary -A subpoena is a coercive process. “Fail not under penalty of law”.
Judgment, claiming that there is a need to prove that F and G knew
about the transactions with D and E. However, P has already made -For criminal cases, a witness who disregards a subpoena can be
all the above admissions. arrested and can be made to pay a bond.

-Motion for Judgment on the Pleadings is different from Motion for -In civil cases, the court can have the witness show cause as to why
Summary Judgment because the former is filed by the P alone on the he should not be cited in contempt for refusal to honor the subpoena.
ground that there is no more issue (because defendant admitted But as an exception, a witness may be allowed to ignore the
everything in his answer). In the latter, it can be filed by either party. subpoena upon invocation of Viatory Right.
In the former, it can be filed after answer has been filed but before
-Viatory Right- if he lives more than 100 kilometers from where he is
pretrial. For the latter, it is filed after pretrial. For the former, the
to testify.
judgment will only be based on the complaint, answer, and reply. As
for the latter, this will be based on the pleadings, the admissions -However, if Kilometrage has been paid, viatory right cannot be
during the PTO, and will take into account the position papers of the invoked. Subpoena must be honored.
parties.
25
-What if you can’t afford the kilometrage of an important witness? -What if the body is in conflict with the dispositive portion? Which will
Check modes of discovery. prevail? Dispositive portion will prevail, unless there is a glaring error
that dispositive portion is wrong.
-COVERAGE OF THE QUIZ ON THURSDAY IS FROM 3rd PARTY -Judgment must be very clear as to leave no doubt, else a party may
COMPLAINT UP TO SUBPOENA. WHAT IS TO BE TAKEN UP file a Motion for Clarificatory Judgment.
-Judgment can either be without presentation of evidence or with
TOMORROW (SEPT 4) SHALL NOT BE INCLUDED.
presentation of evidence.

1) Judgment WITHOUT presentation of evidence

a) Judgment by default
SEPT 4
-Allegations in complaint are sufficient
FIRST HOUR
-Can also be with presentation of evidence. When? If the
-Presentation of Evidence- After Plaintiff presents evidence, the D
court feels that
may file a demurer to evidence (DTE)
-Allegations in the complaint are not sufficient for
-What is a Motion to Acquit? Criminal case = Motion for DTE
judgment; or
-MD based on insufficiency of evidence = Motion for DTE
-There is a claim for damages (proven beyond
-There is no demurer if prosecution or Plaintiff has not yet presented
certainty)
evidence.
b)Judgment on the pleadings
-Criminal Case – DTE- must ask for LOC
-Based on complaint and answer
-There is presentation of exhibits.
c) Judgment by Compromise Agreement during CAM or JDR
-Parties are given 10 days to make comments.
-If with Comp Ag, no need to present evidence.
-Court would either admit evidence or not.
d) Summary Judgment
-Court won’t admit on the following grounds:
-Comes after pretrial
-Not material to the case
-Not competent
2) Judgment WITH presentation of evidence
-Not relevant,
a) Some instances in Judgment by Default (check above)
b)Full-blown trial with Judgment on the merits
-Now, with the JDR, all exhibits shall be contained.
-Each party is given opportunity to give evidence.
-If Plaintiff is convinced that the evidence presented is not sufficient
3) Demurer to Evidence
to reach a degree required to have preponderance of evidence, he
may file a Motion for DTE. No need for LOC in civil cases.
SECOND HOUR
-In criminal cases, if the Court grants demurer, this is tantamount to
acquittal.
-If in criminal cases there are promulgations of judgment, there is no
-If the court denies the DTE, the accused is made to present
such thing in civil cases.
evidence.
-So what happens if Judgment is rendered in Civil Cases? It is just
-If Motion for DTE is filed without LOC, or Motion for LOC was denied
given to the lawyers of the parties. This is served personally; or by
and still a DTE was filed, this can still be either granted or denied.
Regular mail.
-If denied, the case is deemed submitted for decision. No chance to
-All orders, resolutions, notices, and decisions emanating from the
present evidence because it is not with LOC. If it is a criminal case,
court are served to lawyers personally by an employee of the court
always ask for an LOC before filing an LTE.
called a “process server”. If the office of the lawyer is far, then via
registered mail.
>CIVIL CASES, for DTE, no need for LOC.
-Does the court pay for the registered mail? No. The court has
-Once court makes its ruling on the formal offer of evidence, then file
“Franking Privileges”.
the DTE right away. This can either be granted or denied.
-Basic Rule: Service to counsel is service to client.
-If granted, this leads to the dismissal of the case.
-Furnish parties as well.
-If denied, the Defendant is made to present evidence. No har no
foul.
-WHEN JUDGMENT BECOMES FINAL AND EXECUTORY
-If the case is dismissed, does the P have a remedy? Yes. Via
-In criminal cases – 15 days from promulgation. If it is an acquittal,
Appeal.Unlike in an acquittal (Final and Executory) where double
then on the same day.
jeopardy would arise.
-In Civil Cases- since given to lawyers of Plaintiff and Defendant, it is
-On appeal, if the appellate court agrees with the trial court, the
rare that they receive it on the same day.
former will affirm resolution of the trial court and thus dismiss the
-Eg. P’s lawyer receives decision on Sept 4. D’s lawyer receives it
case.
via registered mail on Sept 12. When will the judgment become FE?
-if The appellate court disagrees with the trial court, it will reverse the
Add 15 days for each. So, P can avail of remedies before Sept 19,
ruling of the latter, which is tantamount to denial.
while D before Sept 27.
-Will the defendant be allowed to present evidence? No more. That
-On Sept. 20, P’s counsel files a notice of appeal. Will the Court
is the danger. No longer allowed to present evidence.
entertain this? No. Beyond 15 days. But if it is Defendant that files
-Case will be decided based on P’s evidence alone.
notice of appeal on Sept 20, this will be allowed – up to Sept 27.
-Will the appellate court decide on the case or remand? The AC will
-Finality of decision for a civil case depends on the date of receipt by
decide on the case on its own. This is because the D is already
the party’s counsel. But for purposes of finality for entry of
depreived of his chance to present evidence. Plaintiff wins.
Judgment, then up to Sept 27. Meaning, by that time, it can be
executed. The decision becomes FE on Sept 28.
JUDGMENT DAY
-If decision has lapsed into finality without parties availing of
-Some use the word decision. Once it becomes FE – judgment.
remedies, such decision is entered into the Judgment Book.
-Rules require judgment must be personally prepared by the judge,
-Date of entry in the Judgment book is the date of finality, and date of
must be in writing, and must clearly state the facts and the law upon
finality is the date of entry. The dispositive portion is entered.
which it is based.
-What if the clerk is delayed in entering the judgment and enters it on
-Decision: Facts, law, body, and dispositive (decretal) portion –
October 3? Follow the principle above. If the decision becomes final
wherefore.
on September 28, then that is the date of finality, which shall also be
-Decretal / Dispositive portion is the judgment because it is the one
considered as the date of entry. Thus, in the book, the date indicated
that will be executed.
is Sept 28.

26
27
 FINALS COVERAGE Grounds for a Motion for New Trial:

REMEDIES BEFORE FINALITY a) Fraud, Accident, Mistake, Excusable Negligence. (FAME)

Note: FAME is the same ground for Motion to Lift Order of Default. If
When must be done: Must be done within the 15 day period.If such such grounds were already used in MTLO, such ground can no
remedies are not availed of, the decision becomes final. longer be used in MNT. Use a different one (from FAME)

1. MOTION FOR RECONSIDERATION (MR) Fraud as a ground pertains to Extrinsic Fraud.

Problem: The plaintiff P presents evidence, and subsequently tells
It is always a Litigated Motion. Be aware that it needs notice of defendant D that he will withdraw the case. As such, the defendant
hearing. Consider the 3 day notice and 10 day hearing rule. Address did not present evidence.However, P suddenly pushes through with
adverse party’s counsel, and not the clerk of court, otherwise pro the case. The case was then decided against D. Upon receipt of
forma motion. decision, can Defendant file an MNT?

Grounds for Motion for Reconsideration: Answer: Yes. D must file not an MR, but an MNT. He is asking the
a) Excessive or insufficient award of damages. court that he be allowed to present evidence because he was not
b) Evidence does not justify the decisions, or decision contra able to do so. His motion shall be based on the ground of extrinsic
evidence. fraud, a scheme or a machination on the part of P, so that D would
c) Decision is contrary to law. not be able to present evidence.

The moment MR is filed, the court may set it on the date filed for Excusable negligence
hearing or the court sets it on its own. If the court sets the hearing, Problem: The lawyer fails to appear every time. As a result, the
notice of hearing is sent to person who filed the motion. Judge gets angry, so judgment is rendered against the party. Party
changes lawyer and files for a MNT. Will the motion prosper?
On the hearing day, the adverse party is given opportunity to file
comment to the MR. Answer: Whether or not the case is with excusable negligence is
upon the discretion of the court.
After comment/opposition, the MR is submitted for resolution. It can
either be denied or granted. If MR is denied, the decision stands. The court may accept excusable negligence as a ground and they
may say that they will not allow the negligence of the lawyer to affect
Such decision now denying the MR can be appealed. FRESH the rights of a client. On the other hand the court may deny such
PERIOD RULE (FPR) now applies. ground and impute the negligence of the lawyer to the client.

In denial of MD, the person has the remaining days to file an answer, Note: Procedural requirement for FAME as a ground for any motion:
but if it is less than 5 days, automatically 5 days, if MD is denied. Affidavit of Merits (under oath) and MNT is always a litigated motion.

FPR gives a new 15-day period from receipt of order of denial. b) Newly Discovered Evidence

Example:The decision was received on September 4. On NDE pertains to new evidence and not a newly manufactured one.
September 10, losing party files an MR. OnSeptember 13, Such evidence has been present all along, although could not be
sets the hearing of MR. October 1 - resolution denying MR. found even with due diligence and with all effort. It only surfaced after
Oct 5- receipt of denial. Thus, party has up to October 20 a decision was made. The movant was not able to present this
to file an appeal because of the FPR. before because it was misplaced, lost, or for whatever reason.

What if MR is granted?The decision is then modified to suit whatever Note: In order for this to be allowed as a ground, the NDE must be of
it is being prayed for. such character that if it is allowed to be presented, it will change
result of decision.
If the party is not contented with modification of the decision, such
can be appealed. The FPR does not apply, but still will have 15 days In the motion, it must be explained why the evidence was not
because the modified decision is considered as a new decision. presented in time, and how it would affect the decision.

Note that in FPR, the decision is not changed, but the rules give a Example: Recovery of possession. PlaintiffP has a Deed of
15-day fresh period and only applies if an MR is denied. Sale (DOS) executed by D’s predecessors in interest in
favor of P’s predecessors in interest. Both predecessors
If an MR is denied, can a second MR be filed? NO. There’s no such died.
thing as a second MR. Parties are only entitled to 1 MR. Both parties
may file separate, but both are only entitled to 1 MR. P alleges that the said DOS has been shown to him by his
father, however, they were not able to register the same,
Exception: Supreme Court may allow more than 1 MR, since it is and therefore the DOS is in their name but the tax
discretionary upon them. declaration was still in the name of the D.

What if a second MR is based on a different ground? Still no, all P was not able to produce the DOS so the court dismisses
grounds must be placed together in 1 motion. the case. The only evidence needed for the action is
missing. In this case the DOS has to be shown. After
NOTE: 15-DAY PERIOD IS NON-EXTENDABLE. decision was rendered, the P was able to find the DOS
within the 15-day period. P can now file a MNT based on
2. MOTION FOR NEW TRIAL (MNT) Newly Discovered Evidence. Such NDE can alter decision
of the court.
It is a motion asking thecourt to go back to trial because party is
unable to present evidence. May a second MNT be allowed? Yes, provided it is not based on the
same ground. (It can’t be Fraud, then Accident, then Mistake, etc.)

28
MNT can either be denied or granted.

If denied, the decision should be appealed. Fresh Period Rule can

be applied here as well (15 days from receipt of the denial of the
MNT). Point out (Assignment of Errors) the errors in the denial of the
MNT.

If granted, that means that the party is allowed to present

evidence.The decision which was rendered is vacated. The court will
go back to trial. Supposing it is only the defendant who ought to
present evidence, do we let Plaintiff present his evidence all over
again? Not anymore. Previously presented evidence is adopted. It is
now D’s turn to present evidence. Based on such, the Court renders
a new decision.Such new decision is appealable.

29
3. MOTION FOR REOPENING OF TRIAL (MRT) Note that there is a change in the theory, from an adverse possessor
to a buyer. Change in theory is not allowed.
Differences between New Trial and Reopening of Trial
MODES OF APPEAL
First, as to basis: MNT is under Rule 37 whereas MRT cannot be
found in the Rules. What is its basis? MRT is based on 1. Ordinary Appeal
Jurisprudence and usage. It has been practiced and thus allowed How done: by filing a Notice of Appeal.
ever since. If the case emanates from MTC and it is to be appealed to the RTC,
the mode is via ordinary appeal. (notice of appeal)
Second, as to when filed: MNT comes in after a decision has been
rendered. In MRT, there is no decision yet, but the case has already If it emanates from the RTC and is to be appealed to the CA the
been submitted for decision. It is filed when both parties rest their mode is also via ordinary appeal. (notice of appeal)
case. Before the judge resolves the case,MRT can be filed. If the
judge already rendereda decision, the remedy is MNT. How is this done? Upon receipt of the decision and a party chooses
not to file an MR or a MNT, just prepare notice of appeal.
Third, as to the grounds: In a Motion for Reopening of Trial, it may
be any ground upon the discretion of the court. FAME can be used “Appealing the decision of the court dated (date of
and even Newly Discovered Evidence, whereas in MNT, it is based decision), which the undersigned counsel received on (date
on its 2 original grounds only. received) to the (appellate court).”

Example: In a case,D asks the witness if he can testify in The date of receipt of decision must be indicated because the court
his behalf, that he did not receive any money from P since has to determine whether it was filed within the 15-day period.
the witness was there. But the witness says, “Sorry but
both of you are my friends. I’d rather remain neutral”. As Notice of appeal is only a notice, not a motion. Appeal fees mustbe
such, D loses in the case. After decision was rendered, the paid to the court of origin.
witness goes to him and offers to testify. Can the witness’
testimony be considered an NDE? No. Witness’ sudden The court will just look at the notice of appeal, find out about the date
change of mind is not considered New. However, said of receipt, and start counting 15 days from there. If it is filed within
witness can be presented as a ground for MRT. the 15-day period, the court gives it due course.If it is out of the
reglementary period, then the court denies it.
4. APPEAL
If given due course, it is then forwarded to the appellate court.
An appeal is a statutory right. It is not a matter of right.What the rules
and procedures prescribe for it must be followed strictly and What do you appeal?Only final orders are subjects of an appeal. A
construed against appellant. final order is one that disposes of the case.

It must be made within 15 days from receipt of the decision, or denial Final Order v. Interlocutory Order
of an MR, or the denial of a MNT.
A final order disposes of the case, while an Interlocutory order does
Can a Motion for Extension be allowed for period of filing of an not dispose of the case, there is still something that the court has to
appeal? No. Such is tantamount to extending the period of appeal. do.
The rule is that the 15 day period is non-extendable.
In a FO remedy is appeal. In an IO, the remedy is a petition for
Who can appeal? Only parties to the case may appeal the decision. certiorari under Rule 65.
A non-party has no ground to appeal.
Problem: P presents witnesses. On said date, D’s counsel
Example:D did not file a third party complaint. Judgment is was not around despite notice. No cross examination
rendered and 100K is within the indemnity agreement because D’s counsel was absent.Waived said right.Same
between D and the insurance company. D does not appeal thing happened with other witnesses without cross exam
within the period. Can insurance company appeal? No, from the D. P rests case. D changes lawyer, and the latter
because it is not a party to the case. The judgment was files a Motion to recall P’s witnesses for cross-exam. Court
now to be executed. denies. D’s counsel files an MR, but this was again denied.
What should D’s counsel do? File an appeal or a petition
D says that they cannot collect from him but instead, from for Certiorari under Rule 65?
the insurance company because of the indemnity. So the
lawyer of D files a motion that the writ of execution should Answer: The order denying the D’s Motion is an
be executed against the insurance company. The court interlocutory order. Thus, D’s counsel should petition for
grants the motion, with an order directing the issuance of a certiorari under Rule 65.
writ of execution against the insurance comp to pay liability
of D to the P. This time, can the insurance company If P’s complaint was dismissed, is the said order FO or an IO? It is
appeal? Yes. But what will it appeal? The decision? No. an FO. The court has nothing else to do now. What if the D has a
Again, it is not a party to the case. Rather, appeal the counterclaim? Yes it is still an FO. If a case is dismissed, it is only
order, because that is where it got involved. limited to the CC. And a D may pursue his counterclaim in the same
case, or in a separate course of action.
Note: A theory of the case cannot be changed on appeal.
When the court gives an appeal due course, the court has 5 days to
Example: Recovery of Possession. D refuses to surrender transmit the entire records of the case to the respective court.
possession because he says he has been in possession of it longer
than P ever did. D lost and was ordered to surrender property to P. What if within the 5-day period, the winning party files a motion for
D appeals and now says that he bought the property and thus he is execution pending appeal? Can the court still act on it? Winning
entitled to it. Is the contention of D proper? party fears that loser might be disposing of properties while appeal is
being made. From the time the court gives due course to the appeal,

30
it no longer has jurisdiction to hear the case, because it would now the appeal as if the case has been originally filed before it. RTC will
be the job of the appellate court. Here comes a motion for execution require the P to pay additional docket fees.
pending appeal and the court has already given due course. But -When the case is already before the RTC, it will no longer look at
then, the records are still with the said court. Can the court no longer the LOJ. It will now direct the D to file answer. However, if the LOJ
act on the motion of execution? YES it can, by virtue of residual is an affirmative defense in the answer previously submitted to the
jurisdiction. MTC, then the RTC will set the case for pre-trial. But if there was no
-Residual jurisdiction- remaining jurisdiction of the court because said answer in the MTC, only an MD based on LOJ, then in the RTC the
court is still in possession of the records of the case. Thus, said court will ask the D to file an answer.
court can act on a motion of execution pending appeal so long as it -In the same case, the D files an answer; however, after pre-trial,
still has the records via residual jurisdiction. trial, and finally in the decision of the MTC, it discovers that it has no
-Appellant- brings appeal. Appellee- person whom the case is jurisdiction (or D includes LOJ as an affirmative defense but MTC
appealed. denies it), and D keeps insisting that MTC has no jurisdiction. What
-Under ordinary appeal, maintain title (Plaintiff- Appellant/Appellee, will the MTC do? Will it decide the case on the merits? NO.
Defendant- Appellant/Appellee). Because a court that has no jurisdiction cannot render a decision on
-Case eg. A decision is rendered by a court. Since P received it first, a subject case. Any decision it renders is null and void. Thus, the
he only had up to Augus 20, while D had only up September 6 to file MTC shall dismiss the case.
an appeal. On August 20, the P, he files a notice of appeal. On -In the above-case, if P files an appeal before the RTC and the latter
September, the D files an MR. What will the trial court do? Should it agrees that the MTC indeed did not have jurisdiction, the RTC shall
give due course to the appeal or to the MR? The trial court acts first accept the case as if it has been originally filed before it. The MTC
on motions that are still within its jurisdiction. The court must act on trial shall be adopted.
any and all incidents while it has jurisdiction of a case. If the period -How about presentation of witnesses? The RTC did not get
within which to appeal by either parties has expired and there is a opportunity to observe the demeanor of the witnesses? The RTC will
pending appeal, that is the time that the court gives due course to the have to base it on the written transcripts, but may require the parties
appeal. Appellate court will not act on any MR or MNT. It will only to submit respective position papers to aid the court in the decision.
act on appeals. That is why the trial court has to wait up to the last Then, the case will be decided on the merits.
day for any remedies from the parties prior to giving due course to an -Take note: This is applicable only if the ground is LOJ and it is from
appeal. the MTC to the RTC in an ordinary appeal.
-Single salaMTC, bring the JDR on appeal to the nearest RTC.

SEPTEMBER 11 -What about if it is from RTC to CA? Docket fees to be paid before
-Ordinary Appeal the RTC, and if notice of appeal is filed before the RTC within the
-If appeal is made before the RTC, appellant will be direct to submit reglementary period, the court gives it due course and transmits the
his memorandum on appeal (written statement about errors entire record of the case to the CA. However, for as long as the
committed by lower court and what appellant is asking for). records are still with the court of origin, said court may still act on any
-Memorandum on appeal – Discuss the errors, why they are errors, pending incidents that do not go to the merits of the case (Motion for
and how the court should resolve the errors. Execution pending appeal). This is based on a court’s residual
-Copy of Memo should be furnished to Appellee. The appellee has jurisdiction.
15 days to file own Memo on Appeal from date of receipt of -When the case is before the CA, the latter shall require parties to
Appellant’s Memo. submit their briefs (from MTC to RTC – Memo on Appeal).
-Appellant is directed to submit Memo on Appeal first, lest it result to Submission of briefs has to be simultaneous. Afterwards, case is
dismissal of appeal. Likewise, failure to submit within 15 days – submitted for decision. What is the basis of the CA in deciding the
dismissal. case? First, the entire records.Second, the briefs of the parties.
-Filing of the Memo on Appeal is mandatory. -Can an extension to file an appellant’s brief be asked? Yes. How
-What if Appellee disregards submission of Memo on Appeal? Will about in the RTC? Discretionary won to grant extension.
the case be automatically decided against appellee’s favor? NO.
Won’t affect decision. It is up to the appellee WON he submits B) Second Mode of Appeal is the Petition for Review
Memo. Some appellees may even make a manifestation adopting -If it is a case emanating from the MTC and is appealed before the
the decision of the lower court as his memorandum on appeal RTC, what is used is the ordinary appeal. However, if the RTC
(because appellee won in the lower court) renders an unsatisfactory decision? This can still be appealed before
-As a rule, appeal is submitted for decision. No trial. But now, the the CA. But do we use an ordinary appeal? NO. File a petition for
court sets case to JDR on appeal. Usually doesn’t work. Reraffled review.
to court that will resolve the appeal. -In other words, a petition for review is a mode of appeal from the
-In a crim case, accused appeals but does not submit a memo on RTC to the CA of decisions rendered by the RTC by virtue of its
appeal. Will appeal be dismissed? NO. Here is where it varies. If it appellate jurisdiction.
is a crim case that is being appealed to the RTC from the MTC, the -15 days to file. Regardless of what mode, so long as it is an appeal,
accused and the prosec are given 15 days to SIMULTANEOUSLY 15 days are is always given from receipt of the decision of the RTC.
submit their respective memoranda. After 15 days, WON a memo is -Can an MR be filed before the RTC (a case that originated from the
submitted by either party, the RTC will decide the case based on the MTC)? YES. How about an MNT? No such thing in an appellate
records from the MTC. The appellate court will still have to go over court. An MNT can only be done in the court of origin.
the entire records, unlike in a civil case. -Upon receipt of an RTC by virtue of its appellate jurisdiction, then
-Is there a JDR on appeal in a crim case? Yes, as to the Civil aspect you can file an MR or a Petition for Review. If an MR is denied,
only in cases of violations against BP 22, estafa, and theft. apply fresh period for Pet for Rev.
-Eg. P vs D in the MTC. D files an MD grounded on LOJ. MTC -Pet for Rev, pay docket fees to the CA. It is no longer a notice. It
grants the MD. D wins. What is the remedy of P? Appeal or Rule contains what has been discussed in the memorandum.
65?Appeal. MD is a final order, and not an interlocutory order. -Can a motion for extension of time to file a notice of appeal be
Where will P file his appeal? Before the RTC. submitted? NO. 15-day period is strictly applied. Tantamount to
-If the MTC dismisses it for LOJ, who then has a jurisdiction over the extending time to file an appeal. You only have 1 page for a notice of
case? Naturally, the RTC. Thus, if the case was dismissed by the appeal.
MTC for LOJ, and is appealed before the RTC, then the latter will -How about for a Pet for Rev? Yes. Petition can be voluminous. But
take cognizance of the case as if it was filed with it originally. No fees necessary need to be paid for the CA to have jurisdiction. If a
need for RTC to ask the P to file the case before it again. It treats motion for extension has been filed without payment of fees, the
court will not act on the appeal, and thus the 15-day period expires.

31
-Note changes of title. When it is a petition for review- eg.Defendant- tells D the latter has to pay P 1M, according to the decision. D only
Petitioner vs. Hon Judge and Plaintiff-Respondents. Include judge finds out about it, so he has notice of the judgment. His lawyer never
as nominal party (public respondent) because it is his decision that is bothered informing him about it. D goes to another counsel on May
under review. The winning party is the private respondent. 1. On May 15, D files a petition for relief from judgment. Was it filed
-Will the petition require a CNFS? YES, because the rules require in time? YES. May 15 is still within 60 days from April 1. It is
that the petition filed before the CA should have a verification and a likewise within 6 months from entry of judgment (March 1). Date of
CNFS. entry is date of finality.
-Before anything else, the CA will determine whether petitions are -What if D only goes to a lawyer on May 1, and it is only on July 1
sufficient in form and substance. If not with proper form and that the PRFJ was filed. Is it still within the reglementary period? No
substance (kunwari dilatory langdaw), can the CA dismiss it outright? more. Even if it is within 6 months from entry of judgment, it is
YES. But if it finds the form and substance to be appropriate, CA will beyond the 60-day period from date of notice of judgment. Thus,
direct private respondent to file a comment to the petition for review. filed out of time.
Then, Petition may be required to submit a reply. Then, submitted -What if he only found out about it on September 1, and files a PRFJ
for decision. on October 1. Was it filed on time? No. Within 60 days from notice,
but the 6-month period ended in August.
C) The third mode is an Appeal by Certiorari (Rule 45) aka -Take note, the 60 days from notice and the 6 months from entry
Petition for Review on Certiorari. should coincide.
-MTC to RTC- Ordinary Appeal -In an SC decision, PRFJ filed within the 6-month period and on the
-RTC (origin) to CA- Ordinary Appeal 61st day after notice of decision. The SC allowed this, saying that the
-RTC (appellate) to CA- Petition for Review 1-day lapse is negligible.
-CA to SC – Appeal by Certiorari -In another case, PRFJ was filed within the 62nd day and within the 6-
-The only way to reach the SC is by the third mode of appeal. month period. The SC ruled against this, saying that the trial court is
-Appeal fees are to be paid before the SC. correct in dismissing the petition because the rules are clear.
-How many days to file? 15 days from receipt of the CA decision. -Do not be misled by the decisions as they apply in those cases only.
-Before going to the SC, can an MR be filed before the CA? Yes. If it Always be guided by the rules.
is denied, does the FPR apply? Yes. 15 days again.
-Can a motion for extension to file a petition for review on certiorari
be made before the SC? Yes. Subject to payment of appeal fees, for SEPTEMBER 12
SC to cognizance. -If PRFJ is denied, can this be appealed? No. Denial of a PRFJ is
-Title: Defendant-Petitioner vs. Hon. CA and Plaintiff-Respondent not a final order, but rather, interlocutory. Thus, the remedy is
-Must the petition contain a verification and CNFS? YES. Petition for Certiorari under Rule 65. It is not a final order because
-Subject of Petition: QUESTIONS OF LAW. what comes next? An execution of the order. The decision has
-If SC finds petition to be insufficient as to form and substance, it can already become final.
be dismissed outright. Eg. Notice of appeal was filed before the SC -When a PRFJ is filed, a restraining order or prelim inj may be prayed
– DISMISS! Wrong form! Dilatory eklavu- DISMISS! No substance! for- for the court not to issue a writ of execution, to avoid the defeat
-When SC gives due course, the SC directs Petitioner to file of the PRFJ.
comment. If SC decides one unfavorable, can an MR be filed? Yes. -If PRFJ is granted, it is the same as if a MNT has been granted.
How about a 2nd one? Depends on the SC. It may foreclose any This means that the judgment is vacated (even if it has attained
further MR. finality). Thus, back to court to present the evidence which were not
-For Mode 2, must the RTC forward the entire records to the CA? presented due to FAME.
Only if the CA requires. Sometimes the petition is complete in itself -Take note. Rule 38, sec 6. There’s something wrong. MR.
so the CA won’t have to rely on the records. -Afterwards, a new decision may be issued, allowing for the remedies
-How about for Mode 3, from CA to SC, must the entire records of before finality of a judgment.
the case be submitted to the latter? YES. -That is why a provisional remedy to stop execution may be asked
-Are there decisions of the RTC directly appealable to the SC via for.
Mode 3? Yes. Decisions involving constitutionality of law, executive
agreements, Pres decree, etc. Or, WON a tax should be imposed. 2)Annulment of Judgment (Rule 47)
Jurisdiction of the court. Pure questions of law. CA may be -Only case which is under the original and exclusive jurisdiction of
bypassed. the CA.
-Once the SC’s decision becomes final and executory, is there a -If it is an MTC decision, AJ may be filed before the next higher court
mode of appeal left? None. You pray. (RTC).
-After judgment becomes final, supposedly for execution. However, -If it is an RTC decision, an AI may be filed before the CA.
there are remedies after Finality of Judgment (Acts of Grace, -Why go to the next higher court when this action is not an appeal?
Consuelo de bobo) Construed strictly against party availing of this -Annulment of Judgment is an original action. All MTCs are all of
remedy. If court finds out there could have been remedies before equal jurisdiction. Likewise with the RTC. Therefore, to annul the
finality, court dismisses this outright. judgment of a court, the next court in the higher level needs to be
approached.
REMEDIES AFTER FINALITY -Supposing the CA renders an adverse decision, an appeal can be
1) Petition for Relief from Judgment made before the SC. Mode 3 (Petition for review on certiorari), even
-Asking to be relieved from judgment. if decision has been rendered by CA by virtue of its original and
-To be filed before the same court that rendered the decision. exclusive jurisdiction.
-Grounds: FAME (+AFFIDAVIT OF MERITS). However, if this has -GROUNDS FOR AJ:
been used in a Motion to Lift Order of Default, or has been used in a 1) Extrinsic Fraud- Happens outside the court litigation (fraudulent
Motion for a New Trial, this can no longer be used here. schemes that P had the case dismissed yunpalahindi). Intrinsic fraud
-Act of grace. Complied with strictly. – perjury, use of forged document as evidence, etc.has something to
-Must be filed within 60 days from notice of judgment AND within 6 do with the trial.
months from entry of judgment. -Prescriptive period – 4 years from discovery of the fraud. (Fraud –
-Eg. D’s counsel receives decision on Feb 5, 2013. He had 15 days. Four.In any case where fraud is involved).
He did not do anything about it, nor informed D about it. Because
there was no appeal, the decision became F&E on March 1, 2013. 2) LOJ- Can be raised at any time.
Thus, P filed a motion for issuance of a writ of execution. Court -IMPRESCRIPTIBLE, but it can be defeated by jurisdiction by
grants it. On April 1, the sheriff, with the writ, goes to the D. Sheriff estoppel and laches.

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-laches- unreasonable delay in asserting one’s right. (“delay” is not motion and is revived by an action and becomes final once again.
sufficient. ) Thus, another 5 years for execution by motion.
-Supposing another 5 years lapsed and revived judgment was not
-Since this is an original action, will the CA conduct a trial? If the CA executed. Can an action for the revival of a revived judgment be
finds necessity of receiving an evidence, it will assign an RTC judge filed? Allowed, provided it does not prescribe (10 years from first
(not the origin) to receive the evidence of FAME or LOJ. After revival).
receiving the evidence, such will be returned to the CA for the latter’s -If the delay for issuance of writ of execution is caused by the losing
decision. party, the other party will be favored.
-A writ of execution has no prescriptive period.
EXECUTION
-Most awaited portion of civil procedure, in real life and not in the
classroom (ugh-ugh-ugh) SEPTEMBER 25, 2013
-GR: Only Final Judgments can be executed.
-Winning party files a motion for execution or motion for the issuance MODES OF DISCOVERY
of a writ of execution before the court. This motion is nonlitigated. -Modes of discovery- shortens proceedings
Ex parte. -One mode – not expressly disallowed (sometimes turns out to be a
-Once judgment becomes final- issuance of a writ of exec becomes a mere hearsay) such as private investigation. For personal purposes.
ministerial function.
-The above is the GR, however, there is the concept of Motion for 1) Deposition
execution pending appeal. Filed by the winning party.Very excited. A) ORAL: -Made outside the court. Testimony – made within the
Litigated, because judgment is not yet final and the adverse party is court.
still to be affected. -Either oral examination or written interrogatories.
-Final- nonlitigated. Not yet final- litigated. -Deposition is used to preserve witnesses’ statements.
-Writ of exec pending appeal is a discretionary function (unlike the -Taken outside the court before a Notary Public or a Judge (different
ministerial upon FJ). from the judge in charge of the case)
-Movant will have to establish good cause, which are: -Expenses- to be paid by the one having the statements taken.
a) The losing party is disposing of his properties right and left. Even -If no answer has been filed yet, then a deposition is to be taken with
if the winning party wins, he won’t be able to get anything. leave of court.
b) Losing party is in the verge of bankruptcy. -If an answer has been filed, taking of deposition is now a matter of
c) The appeal is dilatory. right.
d) The advanced age or poor/deteriorating health of the winning -In both cases, the other party has to be notified. If lawyer of adverse
party. party does not appear despite notification, said party deemed to have
e) Nature of the product to be delivered. waived right to cross-examine.
-Once good cause has been established, the court will require the -If there are objections during deposition, these will be noted by the
movant to post BOND. Money.To answer for damages which the NP/judge and put on record. The judge in the trial will rule on these
losing party might suffer because of the execution of the decision objections if such are presented as evidence. After transcription,
when it is still on appeal.(Eg. Appeal was granted, but due to the parties and witness need to meet again and verify. Both parties are
execution of the judgment he loses property and suffers damages. entitled to a copy of the deposition.
The bond shall answer for the damages). Amount is under the
discretion of the court. B) Deposition through Written Interrogatories
-Note: Establish good cause first, before being made to pay the -Prepare the questions and send it to the Notary Public. The latter
bond. The court will not allow posting of bond without first will summon the deponent and swear him under oath. The Notary
establishing good cause. Cash bond, Surety bond. Property bond Public now asks the questions while the stenographer transcribes the
(limitation – within the jurisdiction of the court) records. A copy of the questions with the answers are then sent
-If there is no more reason for the bond, this shall be returned. back to the P’s counsel and to D’s counsel. Upon receipt, D’s
-After posting bond, the decision will be executed. counsel prepares cross written interrogatories and sends it back to
-What if the Appellant wins? Restitution (return back – former the NP. The NP calls for the deponent once again asks him the
condition) if possible. cross-exam questions. Stenographer transcribes. NP sends back
-Back to Execution of Judgment. Prescriptive period for execution of questions and answers back to parties. Same happens with redirect
decision by a motion is 5 years from entry of judgment. and recross. All the results are provided for both parties.
-Eg. Decision became final March 8, 2011 (same with date of entry). -During trial, can P decide not to present depositions in court? Yes.
On Sept 12, 2013, winning party files a motion for execution. Grant? However, adverse party can present it.
Yes, still within 5 years. Period ends March 7, 2016. -Substitution- substitute can use deposition (father- son).
-Supposing 5 years has lapsed. September 12, 2016, winner files for -Can a party give their deposition? Yes. Annulment.
a motion for execution. Grant? No. The 5 year period has lapsed.
The decision can still be executed but not by mere motion. Rather, 2) Interrogatories to Parties.
through an action. Revival of judgment. -Distinguish from written interrogatories - can refer to a party or a
-Eg. P vs D for recovery of possession. P wins up to SC. P forgets non-party. In Interrogatories to Parties – it refers to parties alone.
about it for 5 years, and suddenly remembers that he won. Can he Party to party.
file a motion for execution of judgment? No more. File an action for -This is used to elicit information from the adverse party. Thus,
revival of judgment. prepare a set of questions which you will request for the other party
-Revival- docket fees need to be paid. Motion for execution – no to answer.
docket fees. -No need for LOC, just send it to the other party.
-Action for revival – verification + CNFS. -Limit to factual questions. What – Where – When – How
-File revival before the RTC (incapable of pecuniary estimation). Will -Avoid “Why”
the court go about trial once again? No need. “The decision of the -Answers must always be in writing and under oath.
court in the recovery of possession case is revived. –quoting the -If a party refuses to answer, the court can direct a party to answer
dispositive portion---“. Wait again for 15-day period for it to be F&E under pain of contempt.
(DOUBLE FINALITY OF A JUDGMENT) -Can the P present the D as his own witness? Yes – however, a
- DOUBLE FINALITY OF A JUDGMENT- Judgment in the previous hostile witness. But before he can be presented as a hostile witness,
case became F&E but was never executed in 5 years by virtue of a as a condition, interrogatories to parties must first be used.

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3) Request for admission: delivered, and attached receipt of P. The writ of execution is
-Refers to parties alone returned duly satisfied. The moment the court receives that, the case
-For the other party to admit the authenticity of a document, or admit is over. The court issues an order considering the case closed and
pertinent facts. terminated. Such case is stored in the archive for 10 years.
-Supposing a party denies genuineness of a document in an answer
with a specific denial under oath? And then here comes a request
for admission. September 26, 2013
-Some authors say this can be denied again. Others say this is just a
redundancy. -Execution- anything that has a monetary claim- Sheriff has to make
-If there is a request for admission which has already been denied in a kada-30-day update. But what if the defendant really doesn’t have
an answer, state that such has already been denied in the answer. any money or doesn’t want to give any?
-If no action is taken on the request for admission – Implied -Garnishment – You put garlic, vinegar, into your salad
Admission. -Notice of Garnishment authorizes the sheriff to issue notices of
-Limit- applicable only to the case where the request is made. garnishment to the banks in hopes that the defendant has cash in
-Eg. Same document questioned in 2 different cases. Admissions said banks.
used in first case cannot be applied in the other or for any other case. -Violates bank secrecy act? A bank cannot be compelled to reveal
-Party to Party only. how much a person has in a bank (except – anti-money laundering
law)
4) Production of Records / Inspection of Things -Notice of garnishment does not go against said statute. The notice
-can apply to parties and non-parties. just lets the bank know that if said defendant has money in that bank,
-Used when there is voluminous amounts of records to examine. then the latter should hold the money. The bank doesn’t have to
-Non-admission of liability – settlement without admission of fault reveal the amount of money.
(doctors) -“If this person has an account in your bank and has money in it,
-Always through a motion. Court grants it and orders person who please hold it. It is under custodialegis because a decision has
has possession and control of such documents to bring it to court. already been rendered against him”
Such documents have to be photocopied. -The recipient may deny or confirm that the defendant indeed has an
-LIMIT- not under privileged communication (Priest, attorney and account there.
client, doctor and patient). -The sheriff may ask whether the account is sufficient to satisfy the
-Purpose of production: To copy and reproduce for records. judgment.
-For inspection of things – if party refuses- contempt of court. -The bank may say yes or no (dormant account).
-Notice of Garnishment may also be issued against persons who owe
5) Physical and Mental Examination of Party money to the defendant. Eg.Employer.
-Party to Party (not on witnesses)
-LIMIT- only when the physical or mental condition of a party is in
issue 1) Levy
-Eg. Annulment – psych incapacity, legal separation – sterility, -Supposing there is no cash at all? Levy.
damages – scars within daw. -Levy – to take hold into custodialegis
-If court allows examination, the person availing of the mode shall -First, personal properties of judgment debtor
provide doctor and pay for expenses. The person who asked for the -(NOTE Sec. 13 Rule 39, properties exempt from execution)
examination is entitled to the results. If the defendant gets a copy of -Sheriff gets everything of value.
the result, the effect is that he can no longer present any other -Lawyering books – safe. Objects of profession
examination that will refute the earlier one. -Sold to public auction in order to satisfy debt.
-If person examined had results of exams prior to the exam -Judgment creditor can participate, and when he gets the highest bid,
requested by the other party, then the former can present said results the property will be credited against the debt.
in evidence even when he requests for results of the latter one. -If personal properties are not sufficient, real properties are now
-What if he does not request for the results? Can he present levied upon for execution sale.
subsequent results? Yes, provided he proves he has no inkling about -Sheriff issues a certificate of sale in favor of the highest bidder which
the results of the exam requested for by the other party. must be registered with the register of deeds where the property is
located.
-Can the deposition of a witness be used to destroy the credibility of -It is the registration that starts the 1-year redemption period.
said deponent? YES. Point out contradictions. -If this is not registered, the 1 year redemption period will never start-
-Affidavit vs Deposition. An affidavit is self-serving, but not thus, can be redeemed anytime. The judgment debtor, along with
necessarily the truth. A deposition gives the other party to test the heirs, can redeem the property even beyond 1 year.
whether statements of the deponent are true. Affidavits usually has -Who pays for all the fees? Kawawang creditor.
no probative value, unless affiant is presented as a witness. Such -In case the judgment creditor bids the highest and receives the
affidavit is useless when no affiant is presented for cross-exam. A certificate of sale, he still has to pay for registration.
deposition shall be admitted outright. -You pay for every document. And where does it go? Pork Barrel.
-If the 1-year redemption period lapses, the sheriff issues a final
BACK TO EXECUTION certificate of sale. The owner’s duplicate copy of the title is canceled
-Revival – 5 – 10 rule. and the new one will be issued in the name of the judgment creditor
-The court prepares a writ of execution addressed to the sheriff. In or whoever is the highest bidder in the auction sale.
the writ, the dispositive portion of the decision is copied verbatim. -If judgment debtor exercises right of redemption, has to pay
-Writ can never go beyond the dispositive portion of the decision, additional payments (fees involved in the proceedings during the
which is why it is quoted verbatim. If it is not, then the writ is null and redemption sale) on top of the highest bid.
void. Thus, the aggrieved party may ask the court to declare said -Sheriff issues a certificate of redemption and would no longer be
writ null and void. transferred to the name of the highest bidder.
-The moment a writ is issued, the sheriff has to make a report every -During the 1-year redemption period, the registered owner is entitled
30 days about the execution of the judgment. to possession of the property. Thus, entitled to the rentals, fruits,
-Eg. Sheriff receives a writ. Brings it to D and presents writ – 1M. expenses for repairs.
The sheriff issues a receipt that he got 1M from defendant and the -However, he cannot make improvements on said property during the
sheriff brings the 1M to the P and the latter acknowledges it. redemption period. He cannot claim his improvements if property
Afterwards, the sheriff makes a report stating that he collected, goes to highest bidder. A builder in bad faith loses everything.
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 -One where defendant-obligor can perform the obligation alone. (eg.
2) 3rd Party Claim Mandamus – BAWADI to reconnect water supply.
-Supposing one of the properties levied upon belongs to a 3rd person, AlangannaBeneco)
what is the said person’s remedy? Execute a 3rd party claim. Do not -If they refuse- contempt of court.
confuse this with a 3rd party complaint. -Another is “support”.
-The 3rd party claim is actually an affidavit executed by the 3rd party -Action for support- one filed by minor child assisted by parent.
stating that he is the owner of the property taken by -Petition for support can be coupled with provisional remedy of
The sheriff. He can also attach proof of ownership to the affidavit, support pendent lite.
and ask why/explain it is in the possession of the judgment debtor. -No need to post bond.
-Gives copy to the sheriff, to the court, and to the winning party. -In initial hearing, if a ground is found to exist, may grant pendent lite
Once sheriff receives 3rd party claim, he shall no longer take said while case goes on (pending litigation)
property. -Why is it a special judgment? Because only the father can give the
-If winning party would like the sheriff to take hold of the alleged support. If the father dies, the case dies as well. If the child dies, the
property of the 3rd party, the 3rd party would have to post bond, which case dies as well.
is more or less the equivalent value of the subject property. Bond -This is also a continuing judgment. The court may grant increase
answers for damages in case erroneous levy. even after 5 years from finality of judgment (eg. Growing child needs
bigger support)
-What if mother of child refuses support because she has a stable job
3) Recovery of possession but then loses her job and files an action for the execution of the
-Recovery of possession- judgment as follows: “…directing judgment on support? Grant, because this is a continuing judgment.
defendant to turn over possession to the plaintiff”. How can sheriff Past support can be waived, but never future support.
execute this? -At the end of the trial it was found out that the defendant is not
-Eg. Parcel of land. Sheriff would just present said land to plaintiff. actually the father (group project daw). He has been giving support
That’s it. If there are plants there, the defendant may be allowed to pendente lite. Can he get it back? No. But he can get it from the
uproot said plants without prejudice to allowing the defendant to real father, and not from the child.
harvest crops when ripe for harvest. -Support pendente lite can also be found in criminal cases such as
-Supposing there is a house on said property? Remove all the stuff rape, seduction, abduction, etc. as civil liabilities.
and padlock the house. Tapos give the key to the plaintiff. That’s it.
-Supposing plaintiff says he doesn’t need the house and wants it 5) Foreign Judgments
demolished? The sheriff can’t demolish. The plaintiff has to file a -How can this be executed in the Philippines? Not through a motion,
motion for the issuance of a writ of demolition. This is clitigated- but through an action
notify the defendant to give him a chance to demolish it himself. -An action for enforcement of a foreign judgment.
-When writ is issued and is to be executed, law enforcers should be -Present the foreign judgment.
at hand to keep the peace. -The only proof needed is that the claimants show that the court that
rendered the judgment had jurisdiction to do so, and that there was
-Supposing it is reconveyance? no fraud or collusion in securing the judgment, and that there was
-If after the 1-year redemption period lapses and the title of the due notice to the parties (due process requirements complied with).
highest bidder – registered owner becomes incontrovertible and -If defendant resists such foreign judgment, then he proves the
indefeasible, the remedy is reconveyance. opposite of the above. Court had no jurisdiction, that there was fraud
-Reconveyance respects indefeasibility or incontrovertibility, but asks or collision, or that there was a violation of the due process.
court to convey property to person who files the action. -Foreign divorce – enforcement of a foreign decree of divorce – filed
-Deed of reconveyance- executed by loser (defendant) in favor of before the family court. Same as above.
winner (plaintiff- the one who brought and won the action for
reconveyance). Must include technical description of property.
-The title along with the deed of reconveyance is submitted to the
register of deeds. Cancels the previous one and issues a new one in
favor of the winner.
-Supposing defendant doesn’t want to execute a deed of
reconveyance? He can’t be cited for contempt. However, the court
can order another (usually the clerk of court) to execute said deed of
reconveyance in favor of plaintiff.
-Defendant possesses owner’s duplicate copy of the title, however, is
given 10 days to surrender said title to court or register of deed from
the date of the execution of the deed.
-No registration of any deed concerning registered property will be
effected unless the owner’s duplicate copy of the title is surrendered.
Else, there will forever be a cloud of doubt with such floating title.
-If not surrendered, court orders said duplicate copy to be declared
null and void and orders registrar to issue a new owner’s duplicate
copy of title in the name of the “registered owner” (defendant). As if
a new duplicate has been issued kasingaayawisurrenderyungunang
duplicate, which was thus declared null and void. Now with the new
duplicate, along with the deed of conveyance, shall be surrendered
to the register of deeds. Said copy will be cancelled, and a TCT shall
be issued in the name of the plaintiff. Now reconveyed.

OCTOBER 1, 2013

4) Special Judgment

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 PROVISIONAL REMEDIES Sheriff would now bring attached properties to the court.

Provisional means temporary. Philippine setting: No storage for attached properties, especially
movables, which is why sheriffs usually attach on real properties.
These remedies cannot be filed on their own. They have to be
coupled with the main action. After serving summons, and then providing a copy of the writ of
preliminary attachment, he goes to the register of deeds and
Again, remember why a person files a civil case, because there is a attaches on all properties of the defendant subject of the attachment.
cause of action. It shall be the responsibility of plaintiff-applicant to identify and
provide for said properties. At his own expense
How will you get temporary relief or resolution to keep defendant
from violating your right?Through provisional remedies. In case of Real Properties, title will be attached. It serves as a burden
on the Property. Suchproperty may be sold, but the attachment will
Kinds of Provisional Remedies (Rules 56-60): follow (It is a more superior lien). If there is a notice of a writ of
1. Attachment preliminary attachment, prima facie evidence that there is no buyer in
2. Preliminary Injunction good faith. Thus, WPA serves as a warning.
3. Receivership
4. Replevin Said attachment may be sustained until case is over, thus
5. Support Pendente Lite attachment may either be cancelled at the end of the case or levied
upon.
What is common among the first four remedies? It may be obtained
through the mere execution of an affidavit (why he is availing of Note: At any stage after an answer has been filed, an application for
such remedy). a writ of preliminary attachment is always LITIGATED. There must be
proper hearing, as the rights of the adverse party can be affected.
As for Pendente Lite, a petition must be filed and not an affidavit.
Remember extraterritorial service of summons. Attach upon his
Other requirements: Bond to be posted by the applicant to answer properties, convert in personam to in rem.
for the damages that the defendant-respondent may suffer due to the
provisional remedy. What is a Counter bond? It is posted by Defendant to dissolve the
WPA. It answers for damages which plaintiff may suffer because
Just in case the defendant-respondent is not actually violating any there is no longer any attachment.
right and was asked to stop and as a result he suffers damages,
such bond will answer for the damages. In Support Pendente Liteno
bond required. 2. Preliminary Injunction (PI)

It means to enjoin or to stop.

1. Attachment (Rule 56)
Kinds:
Main action (may be collection of sum of money.) 1. Prohibitory Injunction – mere prohibition or stoppage
(Ordinary Preliminary Injunctions)
Plaintiff feels that defendant is about to abscond or defraud creditors. 2. Mandatory Injunction – prohibition coupled with something
He may file with the court, example:Sum of money with prayer for a to do. (Mandatory Preliminary Injunction)
Writ of Preliminary Attachment. (Main action is sum of money and
provisional remedy is preliminary attachment) PI may be a provisional remedy that may be a main action in itself.

Such may be conducted ex parte.Even without conducting a hearing. Example: BAWADI disconnects your water pipes. In order to stop
them, remedy is prohibitory injunction.File a main action of injunction,
Once the prayer is granted, the court may issue a writ of preliminary plus preliminary prohibitory injunction.
attachment, with or without respect to an attachment bond
(Discretionary upon the court). TRO until the case is closed.

Attachment bond shall be returned to applicant in full when not used What if water got disconnected? Main action of injunction plus
in favor of defendant-respondent. preliminary mandatory injunction for BAWADI to reconnect water
immediately pending the case.
Plaintiff-petitioner may file a surety bond or property bond (within
jurisdiction of the court). Determine the assessed value of the If attachment can be issued ex parte, preliminary injunction will
property attached since the latter is constant unlike market value. always have a hearing, even for a TRO.

Upon posting of bond, the writ will now be issued. Exception:72 hour TRO (Issued by an executive judge.)

It may be issued ex parte but cannot be implemented without the Example: An association threatened with demolition of their houses
court having jurisdiction of the defendant. Thus the implementation because they are on a titled property belonging to someone else.
must be contemporaneous with service of summons. In other words, The association claims that they bought it from an owner with
the writ cannot be implemented without having jurisdiction over the Spanish title. Thus, the owner complains at the city hall and
person of the defendant. complains that there are squatters there.

Attached properties do not make any distinction. All taken into The zoning finds that the buildings didn’t have any building permit.
custodia legis. Thus the local government can demolish houses.30 days for
squatters to demolish own property. They refuse, so a writ of
Properties exempt from execution are also exempt from demolition is scheduled the following day. Thus, they go to court for
attachment. a TRO to stop the demolition to be carried out the next day. If the
executive judge believes this to be an urgent matter, (there must be a

36
grave and irreparable injury as well as an urgency) he can issue it for writ of replevin. In its affidavit, it will state that it is the owner of
without hearing, effective 72 hours (3 days) preventing the LGU from the car, along with the market value of the car, the latter becoming
demolishing the houses. the basis of the bond. However, the bond will be twice the amount of
the fair market value. When the company files the complaint along
File an action for injunction with a prayer for the issuance of a TRO. with the affidavit, this must contain the bond, because replevin is
Attached to their complaint is the required affidavit (as to why they issued ex parte. All that is issued ex parte cannot be executed
need the injunction). Since this is issued ex parte, can’t be enforced without acquiring jurisdiction over defendant. The court needs
by sheriff unless court acquires jurisdiction over defendant. The clerk -If in attachment there is a counter-bond, here there is a redelivery
of court issues the summons to prevent delay. Summons addressed bond.
to the local government officials along with the 72-hour TRO. If the -The defendant is given 5 days to file redelivery bond which is the
judge believes that there is no urgency, will not issue the 72-hour same amount as the bond.
TRO but direct the case raffled. The court that is chosen in the raffle -Where to file for recovery of personal property- depends on the
must determine whether it should issue a TRO (magulo to). But take value of the personal property (jurisdictional amount)
note: If the executive judge issues the TRO, within 72 hours the
case must be raffled to a court, and the court upon which the case is
raffled to must immediately conduct a hearing to determine whether OCTOBER 5, 2013
the 72-hour TRO must be extended to a Full TRP which is good for
20 days. Any extension is null and void. No extension for a TRO. 6) Expropriation
Take note that the 20 days includes the 72 hours (so bale 17 days -Eminent Domain is the right (substantive). This is how it used to be
extension nalang). Posting of bond is required. If judge finds no called.
urgency and does not issue a TRO (reconcile this with notes -How is it enforced? Through expropriation proceedings.
highlighted in blue), the judge will set the case for hearing to -Filed before the RTC- incapable of pecuniary estimation.
determine whether a writ of preliminary injunction will issue. The
applicant plaintiff has to prove that he really has a right that will be -2 stages of trial:
protected by the injunction. Upon issuance of preliminary injunction,
it will mean that defendant can’t do what he is doing while case is a) propriety of expropriation
pending. If plaintiff can’t prove that they really have a right, the -plaintiff- RP or gov’t institution vs private individual
injunction becomes permanent. -What does plaintiff have to prove? That the property is for public
-Extended TRO for CA – 60 days. For SC- until lifted. use. Prove in the first stage.
-There is a law that prohibits courts from issuing TRO or prelim -If private individual has no objection to the taking, then there is no
injunction against public infrastructure projects. need to file an answer. Just file a manifestation and state that there
-Unconstitutional tax measure- no injunction. Rather, pay tax under is no objection to the taking.
protest. -If no objection, must the government still prove that it is for public
use? Yes, it has to. Because there is disbursement of public funds.
3) Receivership
-Receiver- 3rd party appointed and tasked by the court to administer -What if defendant objects? Then he must file an answer.
the property subject of the litigation. -Motion to Dismiss is not allowed in expropriation proceedings.
-Main action – -If he has valid grounds to file a motion to dismiss, then defendant
-Eg. Husband mismanages properties so wife wants to be appointed has to put this in his affirmative defense.
as administrator so she files a petition for appointment as
administrator of conjugal properties (main action) and asks a -After first stage, can the court render a decision? Yes.
provisional remedy for receivership to prevent all properties from -Whether or not for public use.
dissipating while case is pending. The court will appoint a receiver to
manage the properties, to preserve it up to end of trial. b) Second Stage- Just compensation
-Who can the court appoint? Both the wife and husband may -Will come in only when court determines that it is for public use. If
recommend, but the court chooses. Receiver answers only to the the taking is only for the building of a gold course for napoles and
court. friends, then the court will deny, and there will no longer be a 2 nd
-2 bonds- Receivership’s bond and receiver’s bond. stage.
-Receivership bond – posted by wife which husband might sustain
because of deprivation of administrative powers. -Can defendant appeal decision even if there is a second stage?
-Receiver’s bond- posted by receiver supposing he might mismanage Yes. There is where record on appeal comes in.
the property. -Record on Appeal- reproduction of the record of the original trial.
-Receivers get a salary chargeable against expenses of Note that second stage commences so records must remain with the
administration. If job is done, accounting and inventory is conducted court dealing with the expropriation proceedings.
by said receiver. Afterwards, get bond back. -The Record on Appeal is the one forwarded to the appellate court
-Receiver manages property while case is pending. for purposes of appeal.
-Receivership bond cannot be applied for ex parte. Always with -Thus, there are 2 records: The first one stays in the original court
hearing. for purposes of proceeding with the second stage, while the second
-Provisional remedy of receivership may be provided at a latter stage one is sent to the appellate court for purposes of appeal.
or at the end (eg when conjugal partnership of gains is dissolved and -Who is responsible for the production of record on appeal?
remaining is put in trust for children) – receiver in aid of execution. Appellant. He will be given 30 days to produce record on appeal.
-Contains all the pleadings and all the records. If the original court is
4) Replevin satisfied, it will approve the record on appeal and forward it to the
-Main action- Recovery of personal property with prayer for the writ of appellate court.
replevin. -While the CA goes about with the appeal, the RTC determines the
-The first 3 provrems- the court sets the bond. just compensation in the 2nd stage.
-In replevin, the applicant himself sets the bond based on the affidavit
he executes. -Trial by Commissioners. Court cannot be saddled with the nitty
-Eg. Car company sells car to buyer via downpayment and then gritty of determining value of each mango tree and whatnot, then it
installment. Buyer defaults in installment, so acceleration clause will appoint commissioners, usually 3: One appointed by the
occurs. Since full purchase price not paid, ownership still belongs to government, another by the defendant, and the third (chairman) is
company. Thus, company files recovery of personal prop with prayer

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chosen by the court. Commissioners are answerable only to the -Establish propriety of partition.
court. -Prove co-ownership. The reason for partition is because there is a
-Usual commissioners - assessors, real estate brokers, anybody from co-ownership. Co-owners have no specific ownership.
the treasurer’s office or register of deeds. -Prescriptive period within which to file a case of partition?
-They have the right to subpoena persons who can testify. Imprescriptible.
-They submit their report – only recommendatory. Not binding on the
court. Furnish to plaintiff government, defendant private individual, -Eg. Co-owners A, B, and C. A repudiates co-ownership. A says,
and the court. “excuse me, I am the only owner of the property because I spent on
-The court sets the report for hearing and gets their comment, and it, made improvements upon it, and paid taxes for it. And you B and
then decide. Court can adopt, modify, alter, or disregard entire C, you did nothing – NOTHING! You just enjoyed the fruits of my
report. labor. Therefore, I am now the owner of this property”. In short, A is
-Determination of just compensation can be appealed. repudiating the co-ownership, declaring that he is the sole owner.
-No need for record on appeal because second stage is over and Yet, the title is in the name of A, B, and C. Can B and C still file
none follows after, so the court can transmit the entire records to the partition? No more because A repudiated the co-ownership. So
CA. what’s the remedy? AccionReinvindicatoria to recover ownership.
And if it is to recover ownership, what happens? Prescription can set
-Can the government enter the private property without filing an in. Prescriptive period for AR is 10 years.
expropriation proceeding? Yes. By depositing the assessed value of -For as long as co-ownership is recognized among all co-owners,
the property- thereafter, they can enter. Deposit is to be made in the partition is the appropriate action, which is imprescriptible. But for as
name of the private person. Forms part of the just compensation. long as a co-owner repudiates the co-ownership and declares that he
Thereafter they can initiate expropriation proceedings. is the sole owner, then then AR – prescriptible.
-So that is the first stage.
-After the first stage, the court decides that there is a co-ownership.
7) Foreclosure of Real Estate Mortgage (JUDICIAL) Is this appealable? Yes. Record on appeal.
-Extrajudicial foreclosure is governed by Act 3135.
-Judicial – A special civil action under the Rules.
-Where does this come in? In the decision. b) Second Stage: Partition itself.
-Court to determine the total amount of debt. -Can be left to commissioners, or the co-owners themselves have
-To be settled within a period not less than 90 days or more than their partition agreement (equivalent to a compromise agreement-
120 days from the finality of the judgment. Court will just approve it and renders judgment in accordance with
-Instead of ordering the sale of the property, it will give the mortgagor said agreement).
the chance to get back the property by paying the debt. -Commissioners help them thresh out division.
-This is called “Equity of redemption”. Allows you to get back
property without such being sold in public auction. (within 90 to 120 -Is oral partition valid? (eg. When parents point and talk – bagim jay
days) aggapu jay kayo ijayngatoingganaijayniyog, etc. tapnuhan kayo ag-
-If there is no payment within said period, the court will order the sale aapa nu nataykamin)
of the real estate at a public auction to the highest bidder. -VALID, provided it has been consummated during the lifetime of
Thereafter, sheriff issues a certificate of sale which is registered with said parents (each sibling takes possession).
the appropriate register of deeds (place where property is located) -Thus, there is no longer co-ownership to establish. Another sibling
and such is the operative act that will start the 1-year right of can’t file a case for partition.
redemption.
-Distinguish Equity of redemption vs Right of redemption.
-If not redeemed in 1 year, the sheriff issues a final cert of sale which 9) Ejectment Cases – Forcible Entry / Unlawful Detainer
consolidates title. -Original and exclusive jurisdiction of the MTC.
-Prescriptive period – 1 year from illegal detention / forcible entry.
-Supposing the real property is sold at 900K during public auction -MTC, regardless of the amount to be collected.
(but the debt was at 1M), so there is still a balance of 100K. Ask the -SOLE ISSUE is possession. “Who has a better right of
court for a deficiency judgment. Orders defendant still to be liable for possession?” Thus, can the court make a determination of
100k, in spite of the sale. ownership? Yes only to determine who has the better right of
-How is deficiency judgment executed? Through an ordinary action possession. Such finding of ownership is only conclusive in said
for sum of money. ejectment case. Can’t be used in a different case.

-What you should only know is the what is equity of redemption and -Eg. P vs D for Forcible Entry. Court finds that D is the owner and
what is right of redemption- kunana. thus has better right of possession. Thus, D files a case of quieting
against P. Is there res judicata from the first case? None. Different
-Mam: Question? issues (1st case- possession, 2nd case- ownership). The finding of
-Franco: Ma’am what is the… ownership is only conclusive to the first case and will not affect any
-Sorry guysnakakabaliw mag-type ng derederetso other case subsequent.

-If paid in the given time (within equity of redemption), then there is a a) Forcible Entry- dispossessed of property through FISTS. So you
cancellation of the mortgage, and title becomes clean again. won’t forget, they fisted you out of your property. (Forcible
Entry…FISTing…sounds so wrong. Try watching extreme fisting
videos)
8) Partition -Because that is what the rules say, said ground/s must be specified
-This provision is for real property. But can you partition personal in the complaint.
property? Yes if it is divisible (kabans of rice) -If ground not specified, the case may be dismissed because the
-What if indivisible, such as a vehicle? Then sell it and partition the court can’t acquire jurisdiction.
money.
-The partition in special civil action usually covers real estate. -Eg. P vs D for forcible entry. In the complaint, what is alleged is,
-There are 2 stages in partition. “Plaintiff wakes up one morning finding defendant leveling and
bulldozing his property. Defendant doing it under a contract.“ MTC
a) First Stage: (not named) rules in favor of P, so D appeals to the RTC claiming that there was

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no clear allegation of any of the FISTS. Then, the RTC says that
MTC did not acquire allegation, as FISTS put a case under the -When court makes a finding that the case is under summary
mantle of forcible entry which is within the jurisdiction of the MTC. procedure, it will direct the issuance of summons and the D is given
Thus, the decision appealed from is reversed and the case is 10 days to file an answer (not 15, because this is a summary
dismissed. D wins. The P went on a petition for review before the proceeding).
CA. The CA ruled that RTC is wrong and MTC is right, that the acts -At the end of the 10-day period and there is no answer, there is no
of leveling and bulldozing are forms of stealth and strategy. Thus, D declaration of default in summary procedure.
loses. The P now goes to the SC on a petition for review on -The court on its own (or on motion of the P) can consider the case
certiorari – SC says that the MTC and the CA are wrong, and that the submitted for decision.
RTC is correct because there is no clear allegation of any FISTS. -However, if D files an answer in 10 days, the Court will set the case
Case dismissed. Judge M was actually the RTC judge in this case. for preliminary conference in 10 days.
-Preliminary conference is similar to pretrial. However, there is no
-Is there a need to make a demand before filing a forcible entry trial.
case? No need. -10 days therefrom, the court directs the parties to submit their
-What provisional remedy can be availed of? Preliminary Mandatory respective position papers.
Injunction. -If the court finds there is a need for a clarificatory hearing, the court
-If the decision is granted and order the D to vacate, what else can will set the case for that purpose.
the P ask for? Will there be damages in forcible entry case? Yes, -Clarificatory hearing- because upon reading the position papers and
reasonable rentals and attorney’s fees. affidavits, the court finds ambiguity needing clarification.
-If clear, then cases are submitted for decision, and the court has 30
-Any question? We finish this first before we eat ok? days to decide the case (unlike regular cases 90 days).
-As a total, FE and UD have to be decided in 60 days. That short?
Yes. Does it happen that way?.......sometiiiiimes!!! kunana.
Sometimes 60 months.
9) Unlawful Detainer
-Common in Baguio City. -What if there is no answer? Edi 40 days.Summary procedure nga,
-Every right to remain in the property, but upon losing right, you are which makes these cases peculiar.
asked to leave.
-Must a demand be made for the person to vacate? -Demand- must this be oral or written? Any.Hoooy, your rent! And
-If ground is expiration of an express contract, NO DEMAND is you vacate! Such demand is valid. But for probative value, a written
necessary (Eg. Contract of lease with specific date, nonrenewable) demand is needed (added to the position paper).
-Upon end of contract, there is now illegal detention of the property,
the person being aware of the conditions of the contract, thus not -And finally, let me hurry this because you might cite me for contempt
necessitating notice or demand. of stomach.
-Supposing there is no written contract? Period will depend on
payment of rent (eg. Monthly, edi monthly.Weekly, edi weekly.Daily,
etc. Hourly, ibanayan. Short time)
-Implied contract- There is NEED OF DEMAND, so that lessee will 10) Contempt of Court
be aware that he is no longer authorized to occupy. -This is the only provision in your entire Rules on Civil Procedure that
is criminal in nature. Why? Because it provides for a penalty: Fine,
-What if the ground of the unlawful detainer is nonpayment of rent? 2 imprisonment, and even both, especially if the judge does not like
demands must be made: A demand to pay and a demand to vacate. your face.

-What if the grounds are based on other violations of the contract? -Contempt- disrespect and disobedience of the court. The court
(eg. Subleasing, overcapacity, turned into a sari sari store, etc) if the deserves every respect it can get. Judiciary is among the 3 pillars of
grounds are violations of other provisions of the lease contract, then the government.
demand is necessary.
a) Direct contempt- if sign of disrespect is done within the sight and
-What kind of damages can be collected in unlawful detainer? hearing of the judge. Anything that serves disrespect or
Rentals and reasonable attorney’s fees.None other. disturbs/disrupts the proceedings.
-What if lessee has not been paying city services. Will a case for -Summary. No need for a proper charge or hearing.
unlawful detainer and damages (covering elec bill, water, phone bills, -Will there be a service of sentence right away? Yes. Brought to jail,
etc) prosper? No. A special civil action and an ordinary civil action pay, or both.
cannot be joined (remember limitations?) -Eg. Honking lawyer, drunk janitor.
-This is not a ground to dismiss. Since it is a misjoinder, the court -Penalties in MTC is different from that of the higher courts.
will just sever and proceed against cases separately (consider -Higher penalty in direct contempt, vs indirect.
jurisdictional amount of ordinary civil action as well).
b) Indirect contempt- opposite of direct.
-Besides, Forcible Entry and Unlawful Detainer are under rules on -If it is not within sight and hearing, or disobedience (eg. TRO).Or
summary procedure. refusal to allow inspection/ survey.
-The MTC issues an order that says “this is a case covered by rules -Indirect contempt needs a proper charge or petition.
on summary procedure” (for FE or UD)
-What are the rules? -All the special civil actions are original / initiatory actions, so
-Referral to Lupon. If not referred, an MD can be filed on the ground they require verification and CNFS, and payment of docket fees
of NONREFERAL TO LUPON (not on failure to comply with rules (except Direct contempt. Summary)
precedent under Rule 16. Rules on Summary Procedure is
different). -In indirect contempt, you have to have a petition. But if it is in
-The only allowable grounds for dismissal of case in Summary connection to the main case, then a motion is fine.
Procedure – Nonreferral to Lupon and Lack of Jurisdiction. Those 2 -There will be a hearing.
only.
-How about other grounds? File an answer and include them in the -Remedies of person cited in contempt.
affirmative defenses. -Direct contempt:

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-File a petition for certiorari under rule 65.
-Judge is pikon, thus grave abuse of discretion.
-Indirect contempt:
-Appeal the decision in the hearing of the indirect contempt case.
-Read on the penalties of contempt.

-Ended the lecture with the story of the weird and wild prosecutor
who ended up being decided upon by Judge M.

Super verbatim: “coverage of exam… from judgment..ay no nonono,

from remedie - from remedies before finality up to special civil
actions. Bring your notebook but DO NOT WRITE anything on it.
Leave it blank, leave it blank from back to front. And bring your
permit. Ok? So, can we have lunch now? Okay, so let’s have
lunch….”

END OF CIVIL
PROCEDURE

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