Civil Procedure

Reliefs After Judgement

MOTION FOR MOTION FOR NEW TRIAL PETITION FOR PETITION FROM ANNULMENT OF
RECONSIDERATION RELIEF FROM DEIAN OF APPEAL JUDGMENT OF RTC
JUDGEMENT (verified BEFORE THE COURT
petition) OF APPEALS (verified
petition)
GROUNDS 1) Damages awarded 1) Fraud, accident, mistake or The entry of judgment is If the party has 1. Extrinsic Fraud (shall
are excessive excusable negligence which taken against a party in any prevented to appeal a not be valid if it was
2) Evidence is ordinary prudence could not have court through fraud, judgment because of availed of, or could have
insufficient to justify guarded against and by reason of accident, mistake or fraud, accident, mistake been availed of, in a
the decision or final which such aggrieved party has excusable negligence or excusable negligence motion for new trial or
order; or probably been impaired petition for relief
Decision or final 2) Newly discovered evidence, which 2. Lack of jurisdiction
order is contrary to he could not, with reasonable
law diligence, have discovered and Note: This petition may
produced at the trial, and which if only be availed of when
presented would probably alter the new trial, appeal,
result petition for relief or
other appropriate
remedies are no longer
available through no
fault of the petitioner

Orders of MTC must be

annulled by RTC.
WHEN TO FILE Within the period for Within the period for taking an Within 60 days after the Within 60 days after the 1. EF: Within four years
taking an appeal (15 appeal (15 days from notice of petitioner learns the petitioner learns the from discovery
days from notice of judgment/order) judgment to be set aside, judgment to be set 2. LoJ: Before it is barred
judgment/order) and not more than 6 months aside, and not more by laches or estoppel
after such judgment or final than 6 months after
order was entered such judgment or final
order was entered
WHERE TO Court which Court which rendered the questioned Court which rendered the Court which rendered Court of Appeals
FILE rendered the decision questioned decision the questioned decision
questioned decision
EFFECTS 1. If granted, amend 1. If fully granted, original judgment If granted, the judgment If granted, court shall 1. EF: the court may on
judgment or final order shall be vacated, and shall be set aside. The court be required to give due motion order the trial
2. If partially granted, the action shall stand for trial de will then proceed with the course to the appeal and court to try the case as if
former judgment novo, but evidence taken material case as if a motion for new to elevate the record of a timely motion for new
may be either entered and competent to establish the trial/reconsideration has the appealed case as if a trial has been granted.
by the court or stay issues, shall still be used at the new been filed time and proper appeal 2. LoJ: The judgment is
the enforcements of trial. had been taken. null and void w/o
such judgment until 2. If partially granted, former prejudice to the refiling
after the new trial judgment may be either entered by of the original case
the court or stay the enforcements

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 of such judgment until after the
new trial
RECOURSE Not appealable. What Not appealable. What can be Maybe Rule 65? Maybe Rule 65? 1. EF: Rule 65?
AFTER can be appealed is the appealed is the main decision not the 2. LoJ: File a new case or
main decision not the order of denial. Rule 65?
order of denial.
NEYPES RULE Yes Yes N/A N/A Prescriptive period for
refiling the original action
shall be suspended from the
filing of such original action
until the finality of the
judgment of annulment.
However, the prescriptive
period shall not be suspended
where the extrinsic fraud is
attributable to the plaintiff of
the original action.

Provisional Remedies

GROUNDS WHEN TO FILE WHERE TO FILE

RULE 57 PRELIMINARY (a) In an action for the recovery of a specified amount of Commencement of the Court where the complaint is filed/ appellate
ATTACHMENT money or damages, other than moral and exemplary, on a cause action or any time court, when there is appeal and the record has
of action arising from law, contract, quasi-contract, delict or before entry of been transmitted=
quasi-delict against a party who is about to depart from the judgment
Philippines which intent to defraud his creditors;

(b) In an action for money or property embezzled or

fraudulently misapplied or converted to his own use by a public
officer, or an officer of a corporation, or an attorney, factor,
broker agent, or clerk, in the course of his employment as such,
or by other person in a fiduciary capacity, or for a willful
violation of duty;

(c) In an action to recover the possession of property unjustly

or fraudulently taken, detained or converted, when the
property, or any part thereof, has been concealed, removed, or
disposed of to prevent its being found or taken by the applicant
or an authorized person;

(d) In an action against a party who has been guilty of a fraud

in contracting the debt or incurring the obligation upon which
the action is brought, or in the performance thereof;

(e) In an action against a party who has removed or disposed

of his property, or is about to do so, with intent to defraud his
creditors; or
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 (f) In an action against a party who does not reside and is not
found in the Philippines, or on whom summons may be served
by publication.
RULE 58 PRELIMINARY (a) That the applicant is entitled to the relief demanded, and the any stage of an action or the court where the action or proceeding is
INJUNCTION whole or part of such relief consists in restraining the proceeding prior to the pending. If the action or proceeding is pending
commission or continuance of the act or acts complained of, or judgment or final order in the Court of Appeals or in the Supreme
in requiring the performance of an act or acts, either for a Court, it may be issued by said court or any
limited period or perpetually; member thereof.

(b) That the commission, continuance or non-performance of

the act or acts complained of during the litigation would
probably work injustice to the applicant; or

(c) That a party, court, agency or a person is doing, threatening,

or is attempting to do, or is procuring or suffering to be done,
some act or acts probably in violation of the rights of the
applicant respecting the subject of the action or proceeding,
and tending to render the judgment ineffectual.

RULE 59 RECEIVERSHIP a) When it appears from the verified application, and such 1. Before the court where the action is pending, or by the
other proof as the court may require, that the party applying for commencement of Court of Appeals or by the Supreme Court, or
the appointment of a receiver has an interest in the property or an action a member thereof, in the following cases:
fund which is the subject of the action or proceeding, and that 2. During proceeding
such property or fund is in danger of being lost, removed, or or trial
materially injured unless a receiver be appointed to administer 3. Even after During the pendency of an appeal, the appellate
and preserve it; judgment court may allow an application for the
appointment of a receiver to be filed in and
(b) When it appears in an action by the mortgagee for the decided by the court of origin and the receiver
foreclosure of a mortgage that the property is in danger of appointed to be subject to the control of said
being wasted or dissipated or materially injured, and that its court.
value is probably insufficient to discharge the mortgage debt,
or that the parties have so stipulated in the contract of
mortgage;

(c) After judgment, to preserve the property during the

pendency of an appeal, or to dispose of it according to the
judgment, or to aid execution when the execution has been
returned unsatisfied or the judgment obligor refuses to apply
his property in satisfaction of the judgment, or otherwise to
carry the judgment into effect;
(d) Whenever in other cases it appears that the appointment of
a receiver is the most convenient and feasible means of
preserving, administering, or disposing of the property in
litigation.

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RULE 60 REPLEVIN Applicant must file an affidavit and bond. Such affidavit must at the commencement Court where action is pending
contain: of the action or at any
The applicant must show by his own affidavit or that of some time before answer,
other person who personally knows the facts:

(a) That the applicant is the owner of the property claimed,

particularly describing it, or is entitled to the possession
thereof;
(b) That the property is wrongfully detained by the adverse
party, alleging the cause of detention thereof according to the
best of his knowledge, information, and belief;
(c) That the property has not been distrained or taken for a tax
assessment or a fine pursuant to law, or seized under a writ of
execution or preliminary attachment, or otherwise placed
under custodia legis, or if so seized, that it is exempt from such
seizure or custody; and
(d) The actual market value of the property.

RULE 61 SUPPORT Verified application must state: the grounds for the claim At the commencement At the court where the case is pending.
PENDENTE LITE (usually based on law like spousal or child support) and the of the proper action or
financial conditions of both parties, and accompanied by proceeding, or at any
affidavits, depositions or other authentic documents in support time prior to the
thereof. judgment or final order

JUDGMENT ON PLEADINGS SUMMARY JUDGMENT

WHEN AVAILABLE 1. When an answer to a claim fails to tender an When no genuine issue as to any material fact and a
issue moving party is entitled to a judgement as a matter of law
2. When answer admits the material allegations of
the adverse party’s pleading
WHO MAY FILE Filed by claiming party like a plaintiff or a May be filed either the claiming party (after issues are
counterclaimant enjoined) or the defending party (after the
commencement of action)

COMPARISON 1. There is an absence of a factual issue because the 1. Issue is only to the amount of damages but not
answer tenders no issue at all. as to any material fact
2. Filed by claiming party like a plaintiff or a 2. May be filed either the claiming party (after
counterclaimant issues are enjoined) or the defending party
3. Based on pleadings alone (after the commencement of action)
4. Only a three day notice to the adverse party is 3. Based on the pleadings, affidavits, depositions
required prior to the date of hearing in a motion and admissions
for judgement on the pleadings based on the 4. Ten-day notice to the adverse party is required.
regular rules on motions Adverse party, in turn, may serve opposing
affidavits, depositions, or admission at least 3
days before the hearing

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Rule 65 3. Venue is improperly laid
When motion for reconsideration may be dispensed with? 4. Plaintiff has no legal capacity to sue
1. The order is a patent nullity, as where the court a quo has no jurisdiction; 5. There is another action pending between the same parties for the same cause
2. The questions raised and passed upon by the lower court or; are the same as (litis pendencia)
those raised and passed upon in the lower court; 6. The cause of action is barred by a prior judgment (Res judicata) or by the
3. There in urgent necessity for the resolutions of the question and any further status of limitations (prescription);
delay would prejudice the interests of the government or of the petitioner; 7. Pleading asserting the claim states no cause of action
4. The subject matter of the action is perishable; 8. That the claim or demand set forth in the plaintiff’s pleading has been Paid,
5. Under the circumstances, a motion for reconsideration would be useless; Waived, Abandoned, or otherwise Extinguished;
6. Petitioner was deprived of due process and there in extreme urgency for 9. That the claim on which the action is founded is unenforceable under the
relief; provisions of the statue of frauds; and
7. In criminal case, relief from order of arrest is urgent and the granting of such 10. That the condition precedent for filing the claim has not been complied with.
relief by the TC is improbable; What are the grounds if granted are with prejudice?
8. The proceedings in the lower court are a nullity for lack of due process; 1. Res judicata
9. The proceedings were done ex parte or in which the petitioner had no 2. Prescription
opportunity to object; 3. Enforceable
10. Where the issue raised is one purely of law; 4. Extinguishment
11. Where public interest is involved When subpoena may be quashed? (Rule 21)
12. Where there is an urgent necessity for the resolution of the question and any a. For subpoena duces tecum,
further delay would prejudice the interests of the Government or of the 1. if it is unreasonable and oppressive; or
petitioner or the subject matter of the action is perishable; where the issue 2. the relevancy of the books, documents or things does not appear; or
raised is one purely of law or where public interest is involved. 3. if the person in whose behalf the subpoena is issued fails to advance
When the non-extendible period of 60 day to file the petition may be relaxed? the reasonable cost of the production thereof
1. Most persuasive and weighty reasons; b. For subpoena ad testificandum.
2. To reliever a litigant from an injustice not commensurate with his failure to 1. Witness is not bound thereby
comply with the prescribed procedure; • In either case, subpoena may be quashed on the ground that the witness fees
3. Good faith of the defaulting party by immediately paying within a reasonable and kilometrage allowed by these Rules were not tendered when the subpoena
time from the time of the default; was served.
4. The existence of special or compelling circumstances When can an action be dismissed due to fault of the plaintiff?
5. The merits of the case 1. Non-presentation of chief evidence during trial
6. A cause not entirely attributable to the fault or negligence of the party favored 2. Delay in prosecution by the plaintiff
by the suspension of the rules; 3. Disobedience to rules of court
7. A lack of any showing that the review sought is merely frivolous and dilatory; 4. Disobedience to order of the court
8. The other party will not be unjustly prejudiced thereby; In unlawful detainer cases, when does the right to commence the action arise?
9. Fraud, accident, mistake or excusable negligence without the appellant’s 1. In the case of land, after 15 days from demand
fault; 2. In the case of building, after 5 days
10. Peculiar legal and equitable circumstances attendant to each case; What are the only allowed pleadings in cases of unlawful detainer and forcible
11. In the name of substantial justice and fair play; entry? (Rule 70)
12. Importance of the issues involved; and 1. Complaint
13. Exercise of sound discretion by the judge guided by all the attendance 2. Compulsory counterclaim
circumstances 3. Cross-claim pleaded in the answer
Rule 16 4. Answers thereto
Grounds for motion to dismiss • All pleadings must be verified
1. Court has no jurisdiction over the person of the defending party;
2. Court has no jurisdiction over the subject matter
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How to stay immediate execution of judgment for unlawful detainer and forcible Who may be served summons in cases of juridical persons? (Rule 14)
entry? 1. President;
1. Perfect an appeal 2. Managing partner;
2. File a supersedeas bond to pay for the rents, damages, and costs accruing 3. General manager;
down to the time of the judgment appealed from; and 4. Corporate Secretary;
3. Deposit periodically with the RTC, during the pendency of the appeal, the 5. Treasurer; or
adjudged amount of rent due under the contract or if there be no conract, the 6. In-house counsel
reasonable value of the use and occupation of the premises.
What are the requisites before a party may be declared in default?
1. Court validly acquired jurisdiction over the person of the defending party,
either by service of summons or voluntary appearance
2. Claiming party must file a motion to declare the defending party in default
3. Claiming party must prove that the defending party has failed to answer
within the period provided by the ROC
4. Defending party must be notified of the motion to declare him in default
5. There must be a hearing of the motion to declare the defending party in
default
What are the remedies of the party declared in default?
1. Remedy after notice of order and before judgment
• File a motion under oath to set aside the order of default and properly show
that: failure to answer was due to Fraud, Accident, Mistake or Excusable
negligence, and he has a meritorious defense contained in an affidavit of merit
2. Remedy after judgement and before it become final and executory
• File a motion for new trial under Rule 37. He may also appeal the judgement
as being contrary to the evidence or the law
3. Remedy after the judgment becomes final and executory
• File a petition for relief under Rule 38
What are the consequences for failure to attend depositions or to serve answers
to interrogatories?
1. When party refuses to answer the whole set of written interrogatories, under
Sec 5 of rule 29
a. Strike out all or any part of the pleading of that party
b. Dismiss the action or proceeding or any part thereof
c. Enter a judgment by default against that party, and its discretion
d. Order him to pay reasonable expenses incurred by the other,
including attorney’s fees.
2. When party refuses to answer the particular question of written
interrogatories and despite an order compelling him to answer, Sec 3 Rule 29
provides:
a. Court may issue an order striking out pleadings or parts thereof;
b. Court may issue an order staying further proceedings until the
order is obeyed;
c. Court may issue an order dismissing the action or proceeding or
any part thereof;
d. Court may issue an order rendering a judgment by default
against the disobedient party

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