Civil Procedure: Atty. Tranquil (2022 Lectures)

ATTY.
TRANQUIL [2022 LECTURES]
CIVIL PROCEDURE
Jurisdiction Ku vs RCBC Securities (2018)

Whether a Special Court has jurisdiction over ordinary civil action of Specific Performance
and Damages that was re-raffled from other regular branch of the RTC of Makati, being a
court of general jurisdiction
YES. Remember that all these RTCs are court of general jurisdiction. Therefore, all of them
can handle ordinary cases.
Matter of Filing Reynoso vs CA
Fees Whether the court has jurisdiction over the case despite insufficient payment of filing of fees
YES. The fact alone that the complainant failed to indicate in the body of the complaint as
well in the prayer, the value of the shares of stock he wishes to recover from RCBC is NOT
sufficient proof of deliberate intent to defraud.
On the contrary, there is no dispute that upon filing of the complaint, petitioner paid 1.4M. it
was paid and deficient based on the assessment of the Clerk of Court.
If there was no intent to defraud the government citing the case of Reynoso, it was only just
deficient relying on the assessment of the Clerk of Court. All you need to do is to pay the
difference upon an order issued by the Court making a new assessment or reassessment.
However, if there is truly an intent to defraud the government, naturally the case will have to
be dismissed.
Jurisdictional • Money claims, Recovery of personal property and interest thereon –
Amounts Metro Manila Outside Metro Manila
Claim exceeds 400K = RTC Claim exceeds 300K = RTC
Claim is 400K & below = MTC Claim is 300K & below = MTC
• Involves Title to, Possession or Interest over Real Property –

Metro Manila Outside Metro Manila
Assessed value of Property – Assessed value of Property –
Exceeds 50K = RTC Exceeds 20K = RTC
50K & below = MTC 20K & below = MTC
Ruby Shelter vs Formaran
If the subject is real property, ask yourself -- Would it affect title, possession, or interest?
If it is so, even if it is just an Annulment of a Deed of Sale, then you would have to
determine jurisdiction based on the amount of assessed value – 50K in MM or 20K
outside MM.
• Rules on Summary Procedure (MTC)

Claim NOT exceeding 200K Claim NOT exceeding 100K
• Small Claims (MTC -Recovery of sum of money, Mortgage contract, Lease, Judgment
on a barangay level, Liquidated damages)
- No participation of lawyers
- Proceedings will be faster (forms are provided)
Claim NOT exceeding 400K Claim NOT exceeding 300K
Commencement of By filing the complaint AND payment of docket fees

the Action
Cause of Action What is a Cause of Action?
A cause of action is the act or omission by which a party violates a right of another.
Requisites:
- Right of the plaintiff
- Duty of defendant to respect that right
- Breach or violation of the right
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ATTY. TRANQUIL [2022 LECTURES]
Take note that the Cause of Action should be present from the very start – from the action
was instituted.
Failure to State
Cause of Action VS Failure to State Cause of Action Lack or Absence of Cause of Action
Lack of Cause of Looking at the material allegations of the After examination of evidence and there is
Action complaint, court cannot render a judgment. a determination whether or not a party
should file a demurrer to evidence
No longer a ground for motion to dismiss; Cannot be raised as an affirmative defense
but may be raised as an affirmative
defense
Absence of Cause of Action CANNOT be a
basis of an Amendment with Leave of
Court (Turner vs. Turner)
What if there is NO CAUSE OF ACTION?

The court would have to dismiss that. The court has 30 days to resolve it.
Turner vs Turner (no cause of action)

- At time of filing of the complaint, there is no cause of action yet. No reason to proceed
with the case yet because the company doesn’t have unrestricted retained earnings.
Absence of Cause of Action CANNOT be a basis of an Amendment with Leave of Court
Sufficiency of If the court can already render a judgment based on minimum allegations in the complaint.
Cause of Action
Splitting Cause of One suit for a single cause of action
Action
Splitting cause of action will result to the dismissal of the case. It Involves basically the same
case or same claim. It is NOT an affirmative defense; but Litis Pendentia or Res Judicata
may be a ground for Motion to Dismiss
Litis Pendentia Res Judicata

- Similar or substantially similar - Similar or substantially similar
Parties/Issue/Relief Parties/Issue/Relief
- Both actions are pending - Judgment in one case
Cruz vs Tolentino (2018)

There were 2 cases. First case was Annulment of Sale in RTC of Mandaluyong instituted by
heirs of Purification against Tolentino (buyer) et al. The second case was the party plaintiff
was Tolentino. He instituted action for Registration in a different branch in Mandaluyong.
The Court already decreed that the deed of sale is valid and legal and that is the first case.
Having a judgment on the first, that is already a res judicata on the other.
Chua vs Viray
One is a civil case seeking the annulment of a public auction and certificate of sale issued,
claiming for damages. Second action is a judgment on the Annulment of Foreclosure of Sale.
So one is specific on the auction while the other is a bit general which is foreclosure and
entitlement to damages.
Is there forum-shopping? YES. There are multiple cases but apparently different prayers.
There was forum shopping by filing these cases. While there is only one delict or wrong or
single of cause of action, both arising from the foreclosure of sale. Both are premised on
same cause of action – auction/foreclosure sale
Forum Shopping exists when a party repeatedly avails himself of multiple remedies in court
simultaneously or successively. Forum shopping can be committed in 3 ways:
1. Filing multiple cases based on cause of action, with the same prayer, previous one
haven’t been resolved (litis pendentia)
2. Multiple cases having same cause of action and the same prayer, the previous case
having been resolved (res judicata)
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3. Filing of multiple cases which arising on same cause of action but with different
prayers is known as Splitting of action; which is a ground for dismissal which is either
litis pendentia or res judicata
Joinder of Causes Joinder of Causes of Action is only permissive on the part of the plaintiff, whether on the
of Action alternative or otherwise.
a) The party joining the causes of action shall comply with the rules on joinder of parties;
b) The joinder shall not include special civil actions or actions governed by special rules;
c) Where the causes of action are between the same parties but pertain to different venues or
jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes
of action falls within the jurisdiction of said court and the venue lies therein; and
d) Where the claims in all the causes of action are principally for recovery of money, the
aggregate amount claimed shall be the test of jurisdiction.
Permissive Joinder 1. It should arise from the same transaction or series of transactions, jointly, severally
of Parties or in alternative.
2. Where the claims in all the causes of action are principally for recovery of money,
the aggregate amount claimed shall be the test of jurisdiction. (TOTALITY RULE)
Pantranco case (2005)

There is a collision between a bus and a jeepney. There arises an issue from a single
transaction which is common to all. There is a common question of fact here. The
Court held that where the claims of all actions are principally for recovery of money
(all of these wanted to recover for damages), the aggregate amount shall be the test
of jurisdiction.
3. The joinder shall not include special civil actions or actions governed by special rules.
You cannot have an ordinary civil action for specific performance and a petition for
certiorari in one action. you cannot have an action for adoption and an action for
change of name under Rule 103. You cannot have an action for recission of contract
with recovery of rentals under Rule 71. These are covered by different rules!
4. Where the causes of action are between the same parties but pertain to different
venues or jurisdictions, the joinder may be allowed in the Regional Trial Court
provided one of the causes of action falls within the jurisdiction of said court and the
venue lies therein
Misjoinder of Misjoinder of causes of action is NOT a ground for dismissal of the case. The court may upon
Causes of Action its own motion motu proprio or the party by motion severe and proceed with it separately.
Real party in A real party in interest is the party who stands to be benefited or injured by the judgment in
interest the suit, or the party entitled to the avails of the suit. (Can be a plaintiff or defendant)
Death of party Pending the case, the person dies. You should read the question carefully! Hindi yan
automatic substitution.
What are the requisites?

1. That a party dies (can be the plaintiff or defendant)
2. The action is NOT extinguished by reason of death (eg annulment of deed of sale,
quieting of title, recovery of possession of real property)
Substitution is not a requirement of jurisdiction but only to satisfy the requirement of due
process. Therefore, even if the requirements for substitution is not present but if the party
enters, participate, represented by a lawyer and the rights of the deceased has been
protected despite the substitution not being completed under Sec 16, then the rights of the
deceased has been protected.
So when the heir came forward without submitting notice but as represented by a lawyer,
participated in the proceedings, the SC said that you complied! The requirements of due
process was satisfied. And therefore the judgment is valid even if Sec 16 has not been
followed. (Substantial compliance)
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Substitution Kinds of Substitution:

1. By reason of death (Sec 16)
2. Public Officer – Resigned, Died, or Ceased to hold office (Sec 17)
There should be a showing that the successor adopts or threatens to adopt the act
of the predecessor. The Court then will give the successor notice and opportunity to
explain.
3. Transfer of interest (Sec19)
JURISPRUDENCE: Defendant dies, not known to the court that the property of the
defendant was already transferred to a co-party. There was already transfer of
interest. Transfer of interest will now replace the deceased’s interest in the light of
Sec 16. Sec 16 is clear that if a party dies. It would have been under Sec19 should
the transfer of interest been known to the court while the party is still alive.
What is the duty of the lawyer?

o Submit notice of death to the court within 30 days upon the fact of death (not
knowledge of death!!)
o Name the legal representative (Executor, Administrator, Heir)
What should the court do?

o Notice requiring substitute to appear
o Order of Substitution
What if for some reasons, the lawyer did not get a legal representative?
If the one named did not appear or no one was named, the court may designate or can
appoint the other party to name a substitute. But if it is the other party who will appoint, it shall
be limited to the executor or administrator.
What if the Substitution Process was not followed?

Even if the process was not followed for as long as the deceased has ample representation
thru an heir or his lawyer, then any judgment will be valid.
Death (Sec 16) Death (Sec 20)

Who dies? Any party Defendant
Nature of Action survives the death (eg Sum of Money, express or implied
action annulment of deed of sale,
quieting of title, recovery of If sum of money ang issue pero
possession of real property) plaintiff ang namatay, Sec 16
applies. If the defendant dies, Sec
20 applies.
Substitution There is substitution No substitution
Example Recovery of Property Sum of Money
Jose Reyes vs Rico Rodriguez, Jose Reyes vs The Estate of Rico

substituted by Sonya Rodriguez
Rodriguez
Necessary Party vs
Indispensable Party NECESSARY PARTY INDISPENSABLE PARTY
Impleaded to have a complete Must be impleaded in order to have a
determination of the case final determination of a case
If not impleaded, there would be a If not impleaded, court can dismiss the
waiver of the claim. Judgment is case. There must be an order from the
still valid. court requiring the party to be
impleaded. Else, Judgment will be null
and void.
Does not affect judgment Ground for Annulment of Judgment
Class Suit • The parties are so numerous that it is impractical to bring them all to the court
• There is a common or general interest
• There should be adequacy of representation - the proportion of those made a party
and ability of the named party to speak for the rest of the class
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INDIGENT PARTY You can ask the court to be declared an indigent.
(1) If you could establish based on affidavits that your income and the head of your
immediate family does not exceed double the monthly minimum wage AND you do
not own real property with a fair market value exceeding 300K = INDIGENT KA!
(2) What are the benefits of being declared an indigent?
o Exempt from paying filing fees for the time being BUT that would be a lien
on the judgment
o Entitled to free transcript of stenographic notes
Venue Hygienic Packaging Corporation vs Nutri-Asia (2019)
The venue stipulation is found in the Sales Invoice and it indicated that in case there’s a
dispute between the parties, it should be filed in the City of Manila. Neither of them holds
office in Manila. According to the invoice, to pay within 30 days from receipt of plastic
containers. Every 30 days, dapat binabayaran yun. But over a period of 2 years 2007-2009,
there was no payment. That was the subject of this case.
So was it properly instituted in Manila?

NO. According to the SC, Sales Invoice cannot be the basis of venue stipulation. Besides
this invoice is made by one party only, no agreement was made. A sales invoice cannot be
made a basis of venue stipulation even if there were words of exclusivity. The case would
have been filed in San Pedro, Laguna where the Hygienic Packing holds its business or in
Pasay City where Nutri-Asia is located.
REAL ACTION PERSONAL ACTION

Place where property is located Where the plaintiff resides, or
defendant resides, or in case of non-
resident, wherever he may be found
at the option of the plaintiff.
Venue Stipulations: FIND WORDS OF EXCLUSIVITY!! It is not limited to
personal actions. It could also extend to real actions!
Paglaun Case Doctrine: It is the most recent venue stipulation that should prevail.
Can the parties agree on a contract of sale that in case of dispute, the venue should
be in Makati whereas the condo is located in Cebu? Yes, venue in civil cases may be
subject of agreement. It is waivable. So long as may words of exclusivity na sa Makati lang
pwede magfile, hindi na pwede mag file ng kaso sa Cebu kahit andun yung property.
San Miguel vs Monasterio: The agreement on venue will only cover the parties to the extent
of the terms and conditions of the contract. So yung venue stipulation for catering shall not
be applicable to the venue stipulation of another contract. Magkaibang subject matter yun.
Venue against Non- 1. It involves the status of the person which is not in the Philippines; or
residents 2. It involves the property of non-resident but the property is located in the Philippines.
How do you serve Summons?

Extraterritorial Service of Summons.
o by personal service abroad as provided for in international conventions to which
Philippines is a party; or
o by publication in a newspaper of general circulation in such places and for such time
as the court may order, in which case a copy of the summons and order of the court
shall be sent by registered mail to the last known address of the defendant, or in any
other manner the court may deem sufficient.
Ordinary Actions Under Rule 8 Section 1 now requires pleading to include the evidence.
Under Rule 7 Section 6, every pleading stating a party’s claim or defense, in addition to
what is required under the Rules, will have to incorporate –
• Names of the witnesses who will be presented to prove claims or defenses
• Summary of the witnesses’ intended testimonies (Judicial Affidavit in Q&A format)
attached to the pleading
• Documentary and Object Evidence to support of the allegations
Small Claims MM: does not exceed 400K, exclusive of interests and costs
Outside MM: does not exceed 300K, exclusive of interests and costs
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The claim or demand may be:

(a) For money owed under any of the following:
• Contract of Lease;
• Contract of Loan;
• Contract of Services;
• Contract of Sale; or
• Contract of Mortgage;
(b) For liquidated damages arising from contracts;
(c) The enforcement of a barangay amicable settlement or an arbitration award
involving a money claims under the LGC
5a – draw
flowchart Ordinary Actions Summary Proceeding Small Claims
Complaint > Answer > Pre- Complaint > Preliminary Complaint Form provided
Trial > Trial > Judgment Conference > (Judgment) by the Court > Response
(90) Judicial Affidavits/ Position Form > One-day hearing >
Papers > Judgment (30) Judgment within 24 hours
upon termination of the
hearing
CAFS CAFS CAFS. However it shall also
state that it is not splitting a
cause of action and filing
multiple suits
Only becomes final and Executory Final and Executory.
executory upon lapse of Unappealable
period to appeal
Pre-trial is mandatory No Answer. No Motion to One day hearing. No Pre-
Declare in Default. trial. No appeal so the
remedy is Rule 65!
Since there is no answer, No need for a lawyer.
preponderance of evidence Representative must be
is not required. If the court relative.
renders judgment, it must
be based on what the
pleading may warrant.
What if it was later found that the case should be Summary Procedure, not an ordinary
action, nagkamali?? The Court will NOT dismiss the case but only have it re-docketed.
Complaint States the material allegations that support your cause of action
Answer Response to a complaint. It can have negative or affirmative defense. It can also have a
counterclaim or crossclaim.
Counterclaim As to a counterclaim, the plaintiff is the defendant while the defendant is now the plaintiff. A
compulsory counterclaim or crossclaim not raised is barred.
Negative Defense Specific denial of material facts essential to plaintiff’s cause of action. The root of the cause
of actions is DENIED.
Example: Hindi ako nangutang sainyo

Affirmative Defense The basic material allegations, that which gives rise to a cause of action is admitted.
MEMORIZE →Though hypothetically admitting the material allegations of the

complaint, it will nevertheless prevent or bar recovery.
Rule 8 Sec 12 Rule 6 Sec 5 (b)

1. That the court has no (b) An affirmative defense is an allegation of a new
jurisdiction over the matter which, while hypothetically admitting the material
person of the defending allegations in the pleading of the claimant, would
party; nevertheless prevent or bar recovery by him or her. The
2. That venue is improperly affirmative defenses include fraud, statute of limitations,
laid; release, payment, illegality, statute of frauds, estoppel,
3. That the plaintiff has no former recovery, discharge in bankruptcy, and any other
legal capacity to sue; matter by way of confession and avoidance.
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4. That the pleading Affirmative defenses may also include grounds for the
asserting the claim states dismissal of a complaint, specifically, that the court has
no cause of action; and no jurisdiction over the subject matter, that there is
5. That a condition another action pending between the same parties for the
precedent for filing the same cause, or that the action is barred by a prior
claim has not been judgment.
complied with
No hearing needed. Pagka First par of Sec 5 (b) - The court has the discretion to
file ng Answer with the conduct a summary hearing within 15 calendar days
affirmative defenses stated from filing of answer.
above, the court will have to
motu proprio solve it within The court would still have to resolve within 30 days from
30 days from filing. filing
No option for summary Court has option to conduct summary hearing on the
hearing affirmative defenses
Example: I was defrauded that’s why I entered into this contract. I never intended for it to be
this way. I would have not entered if I knew.
Can you still file a YES. Under Rule 16, Sec 12 provides that you can still file Motion to Dismiss but only on
Motion to Dismiss the ff grounds –
today considering it (a) lack of jurisdiction over the subject matter
has been deleted in (b) litis pendentia
the Amended (c) res judicata
Rules? (d) prescription of action
Filing MTD will interrupt the running of the reglementary period. Remember that the filing of
answer today is now a period of 30 days!! If you filed it on the 30th day, you only have 1 day
after denial to file an answer. File a Motion for Extension na lang. (one time extension of 30
days).
Remedies if MTD was dismissed – MR, R65, File an Extension or Answer na.
Can you file a Yes. But it is not a mandatory pleading. It is allowed only if the defending party attaches an
Reply? actionable document. Period to Reply is 15 days!
What is an An “actionable document” is a written instrument or document on which an action or
actionable defense is founded. Document which is the basis of cause of action.
document?
Third-Party You need Leave of Court to file a third party complaint. You want to drag someone into the
Complaint case. It will not be admitted if not related into the case or cannot be located within 30 days.
Signature of By signing a pleading, counsel likewise certifies that:
Counsel 1. The pleading or document is not being presented for any improper purpose.
2. The claims, defenses, and other legal contentions are warranted by existing law or
jurisprudence. Arguments for extending, modifying, or reversing existing
jurisprudence must be non-frivolous.
3. Factual contentions have evidentiary support or, if specifically so identified, will likely
have evidentiary support after availing of the modes of discovery.
4. Denials of factual contentions are warranted by evidence or, if specifically so
identified, based on belief or lack of information.
Counsel is also now required to conduct a reasonable inquiry under the circumstances prior
to certifying such matters.
The Court may impose sanctions on the lawyer, law firm, or party found to have violated
these undertakings. In case of law firms, they are severally liable for violations committed by
their partners, associates, or employees. Monetary penalties cannot be shifted or passed on
to their clients.
Verification 1. That allegations are true and correct based on his personal knowledge or authentic
*No Verification = documents [GR: Client is the signatory]
Amend 2. That the pleading was not made to harass or cause undue delay
3. Factual allegations should have evidentiary support
The signature of the affiant now also serves as a certification of the truthfulness of the
allegations in the pleading.
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Certification The plaintiff or principal party shall certify under oath in the complaint or other initiatory
Against Forum pleading asserting a claim for relief:
Shopping (CAFS) (a) that he or she has not theretofore commenced any action or filed any claim
*No CAF = Dismiss involving the same issues in any court, tribunal or quasi-judicial agency and, to
the best of his knowledge, no such other action or claim is pending therein;
(b) if there is such other pending action or claim, a complete statement of the present
status thereof; and
(c) if he or she should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within five (5) calendar days
therefrom to the court wherein his or her aforesaid complaint or initiatory pleading
has been filed.
The authorization of the affiant to act on behalf of a party, whether in the form of a
secretary’s certificate or a special power of attorney, should be attached to the
pleading.
Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion and after
hearing. The submission of a false certification or noncompliance with any of the
undertakings therein shall constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be ground for
summary dismissal with prejudice and shall constitute direct contempt, as well as a cause
for administrative sanctions.
The Revised Rules likewise requires the authorization of the affiant executing the certification
against forum shopping on behalf of a party to be attached to the pleading in the form of a
secretary’s certificate or special power of attorney, as the case may be.
Furthermore, the Revised Rules now clarifies that the five-day period within which the
certifying party must report the pendency of a similar action or claim refers to calendar days,
as opposed to working or business days.
Amendment You file amendment because the matters you want to bring into the attention of the court
were already existing at the time of filing of the pleading you want to amend. Pag Supplement,
new occurrences happened after filing of the pleading.
• Formal: Clerical or typographical error (court can do that)

• Amendment to conform with the evidence: no need to amend the pleading!
Bill of Particulars Filed before an answer, you call the attention of the court - telling the court the complaint is
vague. It is not alleged with definiteness and particularity.
In the event that the BOP is denied, your period will commence again. However unlike MTD,
there is an express provision here in BOP which was not affected by the Amendment.
Therefore, if the remaining period of the 30 days is less than 5 days, in all cases, you will
have 5 days to file an answer. And that applies only in BOP.
BOP in CIVIL CASES: Court can grant or deny outright even without hearing. (tinanong na
sa bar)
Manner of Filing
MANNER OF FILING PROOF OF FILING DATE OF FILING
Personal Appears on the Records of the Date Received by the
Case; Receiving Copy Court
Registered Mail Registry Receipt; Affidavit of Date of Mailing
the person mailing; Return
Card
Accredited Courier Tracking Number; Affidavit of Date it was brought to the
the Person Mailing; Official courier for mailing
Receipt
Electronic Mail Affidavit, Pleading or Document Date of transmission
*only if party consents Transmitted; Personally
OR upon order of court acknowledged by the Court
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Modes of Service
MODES OF SERVICE PROOF OF SERVICE COMPLETENESS OF SERVICE
Personal Written Admission; Actual Delivery
Official return; if there
is a refusal to receive
– prepare an Affidavit
of the Party Serving
Ordinary Mail Affidavit by the Person Upon expiration of 10 days after
Mailing mailing
Registered Mail Registry Receipt; Actually received or expiration of
Affidavit of the person the period of 5 days from the first
mailing; Return Card notice whichever comes first
Accredited Courier Tracking Number; Upon actual receipt by addressee
Affidavit of the Person or after at least 2 attempts by the
Mailing; Official courier service or upon expiration
Receipt of 5 days, whichever comes first
Electronic Mail Affidavit + Proof of Upon the complete transmission
*only if party consents Transmittal + Printed of the document
OR upon order of court copy
Facsimile Affidavit + Proof of Upon receipt of the other party
Transmittal + Printed
copy
If a party changes his/her electronic mail address or facsimile while the action is pending,
he must promptly file within 5 calendar days from the change, a Notice of Change of Email
or Facsimile Number to the Court and with service to all parties.
ELECTRONIC Will only be allowed upon the direction of the court when the parties agrees or consents
SERVICE & FILING
Presumptive Pertains to a Court setting (Notice of Setting) to stop delays. If the hearing is within the
Service judicial region, if there is a showing that there is a setting, after the lapse of 20 days from
the time it was mailed, it is considered as presumptively served!
If the addressee of the Notice of setting is outside the judicial region, if it has been released
at least 30 calendar days, it is considered as served.
Service of Final • Personal; or

Judgments and • Registered Mail only
Final Order • Can be served by Publication by only in limited application (only when summoned by
publication) at the expense of the prevailing party
Court may serve Interlocutory Orders, Incidental Orders to parties by electronic means.
However it is the duty of the court to keep a paper copy of the said orders or documents
electronically served.
Notice of Lis 1. There should be an action affecting the title/right of possession over the property, in
Pendens short may kaso
2. There is a written memorandum addressed to the Register of Deeds, describing the
action, title, area and particular details
It is not only the complainant who can cause the annotation of lis pendens. The defendant
can also cause annotation if he raises an Answer with Affirmative Defense.
Atlantic Reptors vs Notice of Lis Pendens NOT applicable in money claims.
Herbal Cove
If dinemanda kita for 5M, hindi ko pwede patatakan ng Notice of Lis Pendens yung bahay mo
kasi walang kinalaman yung bahay mo sa money claims. Kahit gaano kalaki pa
pagkakautang mo sakin, hindi ko pwede patatakan mga condo units mo, farm lands etc.
Money claims does not involve title to the land. But I am not prevented to apply for writ of
attachment if there are certain grounds which are present.
Magdalena Lis Pendens apply to the following:
Homeowners 1. Action to recover possession
Assoc 2. Action to recover title
3. Action to remove clouds
4. Action for Partition
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Notice of Lis 5. Directly affecting title, use or occupation of the land

Pendens applies to
cases affecting title DOES NOT apply to
to, possession or 1. Secondary case (dapat sa main case)
interest on real 2. Probate of the will
property 3. Levies on execution
4. Administration of the estate of the deceased
5. Proceedings in which the only subject is sum of money
Issuance of Duty of Clerk of Court to issue summons within 5 days from filing and payment of fees. The
Summons 5 days shall begin to run upon raffle and receipt of initiatory pleading. (Pagka raffle, inassign
sa Sala #3, pagka receive ng Sala #3, dun pa lang magstart ang count ng 5days)
Who should serve - Sheriff
Summons - Deputy Sheriff
- Other court officers
- Plaintiff could be authorized together with Sheriff if there is a failure to serve summons*
If defendant is OUTSIDE the judicial region, the plaintiff shall be authorized to cause the
service of summons (not together with the sheriff)
Summons is Sa isa lang na-serve, the court can order plaintiff to serve summons to others as well
returned unserved - When there is failure of service of summons
on any or all - Defendant is outside judicial region
defendants - If may isa or dalawa na di nasendan sa defendants, else, dismissed without
prejudice ang case
VALIDITY OF Summons shall remain valid until it is duly served. Summons once served is effective until
SUMMONS AND ma-recall by the Court.
ISSUANCE OF
ALIAS SUMMONS Alias summons is allowed na lang if summons has been
• Lost or
• Destroyed
Service of Serve upon the person. If the person refuses to receive the summons, there will be TENDER
Summons or that which by leaving the summons in his presence and within his view.
Substituted Service If there is impossibility of service personally or for justifiable cause, Substituted Service can
be made. Show that there were at least 3 attempts in 2 separate dates.(Manotoc vs CA)
Domestic Private
Individual Foreign Juridical Entity
Juridical Entity
• In Residence – upon PMGCTI wherever Dati transacted business
person at least 18yo and of they may be found. or lang, Ngayon, pati doing
sufficient discretion in their absence, sa business in the PH na din.
residing therein mga secretary nila! If
wala rin si Secretary, • Resident agent –
• In Office – by leaving a serve it to the person appointed by foreign
copy to a person regularly who customarily entity for purposes
in-charge of the office receives judicial purposes
(customarily receives communication • Govt Official designated
communication for the by law to receive
defendant), extended If there is refusal dun summons
definition of competent sa PMGCTI, you have • Officers or Agents,
person. to show that there Directors or Trustees.
should be at least 3
However for private attempts in 2 different
juridical entity, pag nag dates before you can By electronic,
refuse yung PMGCTI, dun apply for electronic By publication once in a
lang mag apply tong mail only if allowed by paper of general circulation in
extended competent court country where they are
person located.
President By registered mail
• Homeowners Assoc, Managing Partner By personal service thru DFA
Condo Corp, Security of General Manager By facsimile
the Building – if there is a Corporate Secretary
refusal of entry, service of Treasurer
summons can be served In-house Counsel
10
upon the head of security

or homeowners assoc
• Last resort – by sending

via electronic mail but first
get permission from the
Court
In a case, SC allowed Substituted Service of Summons even if the defendant does not reside
in the PH because the spouse is a resident of the Philippines. And that spouse has been an
atty-in-fact in another case involving the non-resident husband.
Service upon You can only resort to publication if there was diligent effort to serve it personally. Even if by
person whose substituted service, you don’t even know his full name but you know he resides in this
identity or particular unit and you made an effort to serve it there and substituted service, if not
whereabouts is successful then you can resort to publication.
unknown
PUBLICATION can only be resorted to if
- personal service is not possible and
- there is no substituted service
- showing of effort to look for defendant within 90 days*
Extraterritorial When the defendant is a non-resident and cannot be found in the Philippines
Service (Sec17)
Usual cases:
- That which involves personal status of the plaintiff
- involves property of a non-resident
- Any action which involves interest or a lien and involves application for attachment
Service of Summons on someone who do not reside in the PH:

1. Personal or
2. Publication coupled with registered mail to the last known address of the defendant
3. Other manner that the court may deem sufficient
4. That which may be provided in the International Conventions to which the
Philippines is a party (eg Hague Service Convention)
Arietta vs Arietta Filed Declaration of Nullity of Marriage on the ground of psychological incapacity. Summons
was filed thru San Pedro Express. Court granted the Declaration of Nullity and became final
and executory. After 7 years, wife filed for Petition for Nullity of Judgment – wala kayong
jurisdiction sakin (nasa US na ako). The CA granted and declared the nullity as null and void.
CA said there was denial of due process since San Pedro Express was not known to be a
newspaper of general circulation and husband did not send copy to the last known address
of the wife.
Was there proper service of summons to the wife who was outside PH?
Yes. It was futile to send to the last known address, it’s been so long. At the very least, the
publication should be considered as substantial compliance on the rule of service.
If defendant is Extraterritorial Service will NOT apply kasi temporary lang siya wala sa Pilipinas (OFW,
temporarily outside working or studying abroad, vacation etc).
PH (Sec 18)
Service of summons may be same as Sec 17 –
1. Personal or
2. Publication coupled with registered mail to the last known address of the defendant
3. Other manner that the court may deem sufficient
4. That which may be provided in the International Conventions to which the Philippines
is a party (eg Hague Service Convention)
5. Substituted Service of Summons (may bahay siya dito eh) Home or Office in PH
MOTIONS • Not a pleading, doesn’t lay claims. But must be served against the other party.
• No more Notice of Hearing
• Opposition to Litigious Motion shall be filed within 5 days. While the court has 15 days
from receipt of opposition to render a resolution.
Litigious Motions (a) Bill of Particulars
(b) Motion for New Trial
*not exclusive list (c) Motion for Reconsideration
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(d) Motion for Execution Pending Appeal (Discretionary Execution)

(e) Motion to Declare in Default
Prohibited Motions • Motion to Dismiss (Ang pwede lang – Lack of Jurisdiction, Lis Pendentia, Res Judicata, Prescription)
• Motion for Extension (pangalawa na)
• Motion for Postponement (only grants in meritorious instances)
• Summary Hearing of Affirmative Defenses**
DISMISSAL BY THE Plaintiff may dismiss the case -
PLAINTIFF • Upon Notice Before filing of Answer = Without Prejudice
• Upon Notice Filed for the 2nd time = With Prejudice
• Upon Motion of the plaintiff (may answer na) = Without Prejudice
Considering there is a complaint, answer and a counterclaim. What happens to the

counterclaim?
Even if the principal action was dismissed, the counterclaim will survive and will have to
stand in its own merits. Counterclaim will survive because it is a complaint by itself.
How will the counterclaim be prosecuted?

As a general rule, it will be prosecuted in a separate action.
DISMISSAL DUE TO It will be the defendant who will call the attention of the court.
FAULT OF
PLAINTIFF - Plaintiff fails to appear in the presentation of evidence in chief
- Failure to comply with order of the court
PRE-TRIAL Duty of the court to issue Notice of Pre-Trial 5 days from filing of last responsive pleading.
Pre-Trial Notice should be set not later than 60days from the time of filing of last responsive
pleading (answer or reply or rejoinder)
If parties can settle, that’s good. That’s the purpose of pre-trial. Complete Pretrial proper first
before proceeding with Mediation and JDR.
Who should be present in a Pre-Trial/Mediation/JDR?

• Plaintiff AND Counsel – cause dismissal if absent
• Defendant AND Counsel – plaintiff allowed to present ex parte
During Pre-Trial, the documents will be marked. Then the other party will be asked to examine
the same and that the other party would have to manifest that it is genuine and there is faithful
reproduction. You can reserve presentation of evidence. No reservation shall be allowed if
manner is not followed – by giving the name, position, nature of testimony and proposed
witness; give particular description of the evidence.
Pre-Trial Brief Brief statement of the case and relief prayed for.
- Summary of admitted facts
- Names of the witnesses
- Summary of respective testimonies
If not able to file Pre-Trial brief – tantamount to absence in Pre-trial!!

Pre-Trial Order Duty of Judge to issue within 10 calendar days from termination of Pre-Trial
JUDGMENT AFTER This is new. Nag Pre Trial, pwede na mag render ng judgment ang court.
PRE-TRIAL
The Court may motu proprio include in the Pre-Trial Order that the case will be submitted for
Summary Judgment or Judgment on the Pleadings without need of filing of position paper.
On the following grounds:
- Should there be no more controverted facts or
- No more genuine issue as to material fact or
- Absent any issue or
- Should answer fail to tender an issue
The Court has 90 calendar days to render judgment.
Can you file an MR?

YES. No prohibition. You can file MR but not appeal on certiorari
Intervention • Intervention tells you that there is a pending case. And you’d like to participate as plaintiff
or defendant. You can file at any time before rendition of judgment in the trial court.
• He should have his own cause of action.
• Requires leave of court
12
• If may judgment na, bawal mag intervene. Except when the intervenor is indispensable
party
Subpoena Kinds of Subpoena
(1) Subpoena Ad Testificandum – to appear and testify
(2) Subpoena Duces Tecum – to bring documents in court, whatever the court requires
you to bring (Must be relevant and sufficiently described)
a. Books or other things required must appear prima facie relevant to the
issue subject of controversy (test of relevancy)
b. Such books must be reasonably described by the parties (general
inquisitorial examination of books)
Who can issue?

• Judge
• Ombudsman
• Office of the Prosecutor
• Quasi-judicial agencies
• SC Justices (kahit nakakulong na, pwede pa rin i-subpoena. Lalo those convicted
of life imprisonment and reclusion Perpetua, only upon authority of SC )
What does Subpoena includes?

• Name of the Court
• Title of the case
• Who is directed to appear
Grounds to Quash
• Your client is not bound thereby – Filial Privilege, Marital Privilege
• Irrelevant Document, Unreasonable and Oppressive – sales invoice for the last 5
years
• Failure to tender kilometrage – should be within 100km
• Failure to tender witnesses
Deposition
Rule 23 (Written Interrogatories) Rule 25 (Written Interrogatories to Parties)
SCOPE: Any matter Could be a party or non-party To parties only
which is relevant but Upon ex parte motion of a party
NOT privileged Can be oral or written Series or written questions only; No
cross, redirect, recross
Direct Written Interrogatory (Proponent) Written Interrogatories
Cross Written Interrogatory (Opponent) 10 Objection to WI (10days)
Redirect WI (P) 5 Respond to WI (15days)
Recross WI (O) 3
Deposition in Criminal Cases is called *magkaiba ang period ng objection and
Conditional Examination of Witnesses. response
“Hindi po kasi ako makararating sa trial na *No party without court’s permission shall
yan. Dahil di ako makararating, gawa na serve more than one set of WI to be
po tayo ng conditional examination answered by same party (isa isa lang)
ngayon. Aalis na kasi ako, di ako pwede
maghintay para sa kaso na ito” No
indictment or information filed yet.
Purposes:
• To contradict or impeach testimony of a witness
• For any other purpose
• Witness is already dead (deposition in other proceeding, with same parties, same
subject matter, can be used)
• Deponent resides more than 100km away
• Witness is unable to attend by reason of sickness or in prison
• Party is unable to procure the witness by subpoena
Persons upon whom deposition shall take place

• Before any judge in the Philippines (place where prospective adverse party is or
court that rendered judgment)
• Before a Notary Public; or
13
• Any person authorized to administer oath and as stipulated by the parties
Grounds for Opposition:

• The matters you want to elicit are irrelevant
• Covered by Privilege Communication
• Intended to oppress, annoy or embarrass
Taking of • Questions and answers will be recorded (stenographic notes).

Deposition (Oral or • Presented to deponent
Written under the • Deponent reviews the same and affix his signature
direction of • If deponent refuses to affix his signature, state the reason for the refusal.
Deposition Officer) • Both parties agree to waive the signing, there should be a Certification of the
Deposition Officer that it is a true deposition and placed in a sealed envelope.
• Submit the sealed envelope to the Court
If the process was not undertaken, Motion to Suppress Deposition can be filed under
R23, Sec29. TAKE NOTE OF THE PROCESS.
Request for • You can only file if there is an answer already.

Admission • Purpose: For genuineness of a certain document; For that particular action only.
• Failure to respond is an implied admission
• Party should not be compelled to admit matters of fact already admitted in his
pleading and to make a second denials of those already denied in his answer to the
complaint.
Production of • Books, Papers or Documents should NOT be privileged.
Books, Papers or • Client handed documents to his attorney, is it privileged? NO. Content must be
Documents privileged. Handing the documents alone doesn’t make it privileged.
• If doctor-client, exam must be required by the doctor for further examination.
• It also includes being able to enter and leave the premises.
Physical and Court can order physical and mental examination but only –
Mental Examination (a) upon Motion for good cause (that physical and mental condition is in controversy);
AND
(b) with Notice to other parties
*Wag kang hingi nang hingi ng copy of the physical/mental examination. It can be
requested by the other party and you cannot refuse. If party refuses to deliver, court may
exclude the testimony
TRIAL Schedule of trial is very important.
PreTrial Conference terminated > Within 30 days, schedule for trial na > TRIAL > Plaintiff
presents evidence (90days including JDR) > Defendant presents evidence (90days) > if
may 3rd, 4th party claims, another 90 days > With LOC, Rebuttal evidence and Sur rebuttal
within 30days > Court render decision within 90 days from submission for resolution.
Demurrer to Defendant can only file demurrer to evidence in civil cases AFTER the Plaintiff has completed
Evidence the presentation of evidence (AKA after offer of exhibits)
If Demurrer is –
• GRANTED: Adjudication on the merits. Plaintiff can file an Appeal or MR
• DENIED: Cannot be subject of appeal, certiorari, or prohibition. You have to wait for
the termination of the case to question the denial of demurrer to evidence.
RTC granted the demurrer and dismissed the case. MR was denied. It was appealed to CA,
CA said mali pag grant sa demurrer. Ano gagawin ng court eh nadismiss na yung kaso? The
Court will reverse the same. Mali ang dismissal. Appellate court can now render judgment,
but based only on the plaintiff’s evidence presented. That’s the downside of demurrer in civil
cases.
Postponement of Postponement is only allowed –
Trial - Force Majeure
- Act of God
- Physical inability of the witness
14
-
Excusable Sickness/illness of the lawyer or party and presence is indispensable,
upon affidavit or sworn certification
Rendering Can court render judgment (aside from Summary Judgments or Judgment on the
Judgments without Pleadings)? YES. There are cases where Court can render judgment without conducting a
Trial trial:
(1) Parties agree on certain facts
(2) No controverted facts anymore
Commissioner Appointed by the Court. Once appointed, he should be placed under oath.
Any matter can be referred to a Commissioner if the parties agree.
If parties do not agree, only 3 matters can be referred to Commissioner:
(1) If there are long accounts or voluminous records
(2) If there are matters not raised in the pleadings
(3) There are facts which are necessary for the court to be able to render
Written Report as to his findings, documents. Once the report is submitted, the parties within
10 days from submission shall be notified and they have 10 days to comment. The court then
has the duty to hear and can either accept, reject, accept/reject in portions, or recommend.
Rule 34 vs Rule 35
JUDGMENT ON THE PLEADINGS (R34) SUMMARY JUDGMENT (R35)
Answer does not tender an issue or There is an issue BUT there is NO
otherwise admits the material allegations GENUINE issue as to a material fact. It is
on the complaint made to appear that there is an issue.
(inamin mo yung cause of action without

raising any negative defenses)
Complaint and Answer only Plaintiff applies for it after an answer has
been filed
Only plaintiff files Either Plaintiff or Defendant may file
Always a full judgment Can be partial or full summary judgment
JUDGMENT A judgment or final order determining the merits of the case shall be in writing personally and
directly prepared by the judge, stating clearly and distinctly the facts and the law on which it
is based, signed by him, and filed with the clerk of the court.
• Final Judgment (may reglementary period pa) – can be appealed, MR, MNT
• Final and Executory (reglementary period already lapsed)
• Entry of Judgment (1 day after expiration of reglementary period) – no more appeal
Retirement of When a judge retires, he may no longer render a judgment. The new judge to whom the case
Judge was assigned shall render the judgment. It is not required that the judge who heard the case
is the one who will render the judgment.
Remedies against Within reglementary period (15days, but if record on appeal 30days)
Adverse Judgment Motion for Extension to file MR/MNT is NOT allowed
REMEDY GROUNDS Can file second EFFECT

-
Motion for • Contrary to law NO. Second The court will
Reconsideration • Excessive damages MR is set aside the
• Judgment not PROHIBITED. judgment
supported by
Within reglementary period
evidence
Motion for New • FAMEN should be YES. Second The original
Trial supported by MNT is allowed judgment will
affidavit of merit so long as the be vacated.
• Newly-discovered ground was not There will be
evidence supported available during trial de novo.
by affidavit the first MNT. But the
supporting
documents will
remain.
Appeal
(Rules 40-45)
15
Petition for • Party to the case

Relief from •
Within 6 months from

FAMEN
Entry of Judgment
Judgment (R38) • Must be filed within
60 days from
*Judgment became knowledge of
final and executory
already. judgment and
within 6 months
from entry of
judgment
Annulment of • Extrinsic Fraud YES. Can be Judgment is
Judgment (R47) (fraud that is not refiled. null and void. If
alleged in the ground is
Original action in pleadings but extrinsic fraud,
After 6 months from entry of judgment AND
CA to annul the prevented you from there will trial

judgment of RTC participating) – 4 de novo.
years from
not a party to the case
Should be filed discovery

with Verification, • Lack of Jurisdiction
CAFS, Judicial over subject matter
Affidavits of or person of the
Witnesses and defendant – before
Supporting Docs, you are barred
Damages, from laches
Attorneys Fees • Absence or Lack of
due process (not
Judge can file heard/ impleaded
summons upon to the case)
prima facie
evidence.
APPEAL ORDINARY APPEAL (R41)
RTC > Notice of Appeal (15)/ Record on Appeal (30) > CA [Appellant’s Brief (45)/
Appellee’s Brief (45)] > Decision
*15-day period to file Notice of Appeal is non-extendible.
Can I file for MR before filing Notice of Appeal?

YES. You can.
What if I filed the MR on the last day of the reglementary period and it is denied? How
many days more do I have?
Neypes Rule. You have a fresh period of 15 days.
NOTE: MR is NOT a pre-requisite to a Notice of Appeal
PETITION FOR REVIEW ON CERTIORARI (R45)

(1) RTC > PFR on Certiorari (15) > SC (purely questions of law)
You can file for extension for the compelling reasons, by paying the required docket
fees in the SC.
(2) SB > SC
(3) CTA > SC
(4) CA > SC
Certiorari
R45 vs R65 Appeal by Certiorari (R45) Special Civil Action on Certiorari
(R65)
Nature Appeal SCA, an original action
Period 15 day reglementary Period 60 days to file
to File 30 day extension may be No motion for extension of time except
granted for compelling reasons
16
Grounds Pure questions of law Grave abuse of discretion amounting to

lack or excess of jurisdiction
No appeal or any plain, speedy recovery
EXECUTION Motion for Execution is always filed at the Court of Origin. No need to attach certified true
copy of the judgment.
(1) As a matter of right

(2) Discretionary Execution
How to enforce a (a) By Motion for Execution – within 5 years from date of entry of judgment
judgment (b) By Independent Action (Revival of Judgment) – after 5 years from entry of
judgment but before 10 years
How to execute Depends on the judgment –
Sec9. Execution of judgments for money
(a) Immediate payment on demand (to oblige, representative or sheriff)
(b) Satisfaction by levy (promissory note and postdated checks are NOT allowed)
(c) Garnishment of debts and credits
Sec10. Execution of judgments for specific act
(a) Conveyance of land, delivering deeds, vesting title
(b) Sale of real or personal property
(c) Delivery or restitution of real property
(d) Removal of improvements on property subject of execution
(e) Delivery of personal property
Sec11. Execution of special judgments
Effect of Judgment Domestic Judgment
- Judgment is conclusive as to the specific thing (probate of the will, administration of
the estate, personal status, relationship or condition)
- Res judicata or serves as a bar to a subsequent judgment
- Conclusiveness of judgment or preclusion of issue (incidental obligations may be
still tried despite dismissal)
Foreign Judgment
17
SPECIAL CIVIL ACTIONS

Certiorari,
Prohibition and Certiorari Prohibition Mandamus
Mandamus (R65) To nullify the judgment/ To cease and desist from To do or perform an act
final order/ resolution the performance of an act
• Grave Abuse of • Grave Abuse of Law that requires you to
Discretion Amounting to Discretion Amounting to perform
Lack or Excess of Lack or Excess of *implead the govt agency
Jurisdiction (GADALEJ) Jurisdiction (GADALEJ)
• No Appeal or any plain • No Appeal or any plain
and speedy recovery and speedy recovery
60 days 60 days 60 days
Judicial/Quasi-Judicial Judicial/Quasi-Judicial/ Ministerial
Ministerial
CIR vs Sec of Justice – dispute between a GOCC and a govt agency.

Whether the Sec of Justice has jurisdiction to decide the petition of arbitration filed by
the GOCC regarding the validity of tax Assessment? YES. The Secretary of Justice has
jurisdiction over tax dispute between Manila Cebu Water and the CIR. Sec of Justice has
jurisdiction between the government and the GOCC.
Quo Warranto • Limited to Appointive positions
“By what authority” • It questions the validity or legality of the appointment
• Jurisdiction: RTC, CA and SC concurrently
• Venue:
GR: RTC where the respondent resides.
XPN: if filed by OSG – SC, CA or in the RTC of Manila.
• Principal party who files quo warranto – Republic > Solicitor General
• A judgment in quo warranto does not bind the respondent’s successor in office, even
though such successor may trace his title to the same source. It is never directed to an
officer as such, but always against the person—to determine whether he is
constitutionally and legally authorized to perform any act in, or exercise any function of
the office to which he lays claim.
• Damages can be claimed 1 year from the entry of judgment.
GROUNDS:
(a) Usurpation of public office, position or franchise
(b) Public officers who forfeit their office
(c) Associations that acts as a corporation in the Philippines, without having been
legally incorporated
How should it be instituted?

1. By the OSG or the Public Prosecutor, if directed by the President
2. Upon sufficient complaint, the SolGen sees good reason to institute an action
3. SolGen, if upon relation of another person (someone prompted the Solicitor
General to file an action)
A “relator” cannot file the petition. He can merely insinuate its filing. A relator is one who goes
to the OSG and informs it that there are persons who are usurpers of public office. If the OSG
believes the relator, he would ask the latter if he is willing to defray the costs (which is
recoverable) for filing the petition. If so willing, the OSG will now file the petition.
Republic vs Sereno: If QW pertains to her actions already as Chief Justice – that cannot be
subject of Quo Warranto. It is categorized under Constitution’s Betrayal of Public Trust.
However, if it pertains PRIOR to her holding office as CJ, minimum requirements expected
of her to submit then it is not seen to be compliant to be fit for office, then that could be subject
of QW.
If it is a ground which arises AFTER holding office, then it can only be through Impeachment.
But if it pertains to MINIMUM QUALIFICATIONS that should have been present PRIOR to
an appointment, then that could be a subject of QW.
Failure to comply to a legislative franchise which is required by law, then the proper action is
Quo Warranto.
18
Expropriation • Taking of a private property upon just compensation for public purpose. There must
first be determination of public use before taking of the land.
• Government can change their mind BEFORE the Order of Expropriation.
• Jurisdiction: RTC, incapable of pecuniary estimation
• Determination of Just Compensation is a mandatory stage. To be determined by
the Commissioners who have to submit a report and served upon parties.
Just Compensation = FMV + Consequential Damages – Consequential Benefits
[inserting ff doctrines--]
NPC vs. YCLA Sugar Dev: The amount of just compensation is to be ascertained as of the
time of the taking, which usually coincides with the commencement of the expropriation
proceedings. Where the institution of the action precedes entry into the property, the amount
of just compensation is to be ascertained as of the time of the filing of the complaint.
Abad vs. Fil-Homes Realty: Expropriation of lands consists of two stages: The first is
concerned with the determination of the authority of the plaintiff to exercise the power of
eminent domain and the propriety of its exercise in the context of the facts involved in the
suit. It ends with an order, if not of dismissal of the action, ―of condemnation declaring that
the plaintiff has a lawful right to take the property sought to be condemned, for the public use
or purpose described in the complaint, upon the payment of just compensation to be
determined as of the date of the filing of the complaint The second phase of the eminent
domain action is concerned with the determination by the court of ―the just compensation
for the property sought to be taken. This is done by the court with the assistance of not more
than three (3) commissioners. It is only upon the completion of these two stages that
expropriation is said to have been completed. The process is not complete until payment of
just compensation. Accordingly, the issuance of the writ of possession in this case does not
write finis to the expropriation proceedings. To effect the transfer of ownership, it is necessary
for the expropriator to pay the property owners the final just compensation.
19
CRIMINAL PROCEDURE
Jurisdiction Jurisdiction over Subject Matter
Court Subject Example

Imprisonment exceeding 6 years Murder, Rape, Plunder, Estafa
(regardless of fine and accessory
penalty)
By provision of law Libel, Violation of IP Law, DDA
RTC
Purely fine in excess of 4K
Issuance of Hold Departure Order, RTC where assigned, not the
Precautionary HDO executive judge.
Imprisonment NOT exceeding 6

years (regardless of fine and
MTC
accessory penalty)
Fine below 4K
Issuance of Hold Departure Order
Public Officers with at least SG-27 Crime committed under RA
with 3019 – acts disadvantageous or
City Treasurer, Assessor, prejudicial to govt, Bribery
Sanggunian Panlungsod, (direct and indirect) and similar
Sanggunian Panlalawigan offenses
Officers/Trustees of State
Universities, President and Officers Crime was committed to his
Sandiganbayan office, Crime would not have
of GOCCs
Conspiracy (at least 1 is SG27 been committed if it were not for
officer) his office
No damage to the government but Subject to SB’s Appellate
the claim for bribery exceeds 1M Jurisdiction
and the offender is an SG27 Officer
(So if less than 1M = regular courts)

Motu proprio conduct
• Preliminary Investigation, Office of
• Determine probable cause, OMB Prosec
• Determine administrative (DOJ)
liability of Public Officer, Investigation -
• Can Prosecute - motu proprio
censure/suspend PO Determine Determine
Office of the Special Prosecutor probable probable
- Under the Office of the cause in Crim cause
Ombudsman Cases
- Can only act upon the Determine Conduct an
Ombudsman authority and direction of Admin liability inquest
(not a court) the Ombudsman (arrested w/o
OMB > Admin Case (suspended for warrant)
1 year, dismiss form service) > PFR Prosecutes Prosecutes
(R43) > CA
OMB > Admin Case (case

dismissed, reprimand, censure,
forfeiture of salary, suspension of 1
month, those immediately
executory) > Certiorari (R65) > CA
OMB > Criminal Case > R65 > SC

Solicitor
General
(Counsel of the
State)
20
Jurisdiction over the Person

(A) By Voluntary Surrender
(B) By Arrest
Lupong Tagapamayapa
- Not a court, will not render judgment
- Requirement before filing a case in court
- Penalty does not exceed 1 year (Unjust vexation, Malicious Mischief, Slight
Physical Injuries
Chua vs Padillo The ruling of Public Prosecutor is subject to the review of the DOJ.
If the nature of the crime would fall under the jurisdiction of the MTC and you want to review
the findings of the Prosecutor (eg finding of probable cause), you file your petition for review
to the Secretary of Justice.
Sufficiency of the • Name of the Accused should be there. If his name is not known, state the nickname
Information or appellation (name to which he is publicly known)
• Qualifying and Aggravating Circumstances (if not stated there, it cannot be taken
If defective Info, it may against him)
result to dismissal of • Designation of the offense by Statute
the case upon Motion
to Quash
• Cause of Accusation. The facts or circumstances or elements which would
convince the court that the crime was indeed committed.
• Place of Commission. It should appear in the Information that the crime was
committed within the jurisdiction of the court.
• Date of Commission. Not a matter of substance unless material element of the
case.
1 Offense is to 1 1 Offense is to 1 Information (5 times ni-rape, 5 Information. 5 times Estafa, 5 Information)
Information
But if for one reason, there are several offenses in 1 Information and there was no objection
on the part of the accused. And each offense was sufficiently proven under Rule 120, Sec
3, then it is allowed. It is an exception to the rule.
There can be multiple offenses in 1 Information so long as there is single punishment for a
complex crime.
Amendment of an • Before Plea, you can amend Information as a matter of form or substance.
Information (Rule • After Plea, you can amend but only as to matters of Form so long as it would not
110, Sec 13) prejudice the rights of the accused. (eg date of rape)
Substitution of An Information has already been filed and the prosecution realizes naku hindi ko
Information mapapatunayan ‘to. Can the Prosecution substitute Information?
YES. If there was an error in charging the proper offense, the prosecution itself will cause the
dismissal of the case to pave the way for the filing of another charge. But kindly take note
that this would not be allowed if it would result to double jeopardy.
Substitution of the
Accused ACCUSED DIED EFFECT
Before Plea Crim Case is dismissed but without prejudice to
proceed against the Estate of the accused
After Plea or at Both Criminal and Civil liability are extinguished.
whatever stage
even on Appeal However, those arising from other obligations
(contract, quasi contract, quasi delict) may survive
the death of the accused.
Institution of Civil GR: Civil liability is automatically instituted with Criminal Liability
Liability XPN:
(a) Waived
(b) Reserved
(c) Civil Action was filed ahead of time
*No reservation in BP22

Recovery of Can a civil action on quasi-delict proceed despite the pendency of a criminal negligence
Damages based on case?
Quasi-Delict during YES. And there is no need to reserve such.
21
pendency of
Criminal Case
Prejudicial Prejudicial Questions will result to a suspension of the proceedings. Criminal will be
Question suspended. You cannot file a Motion to Suspend Criminal Proceedings on the ground of a
prejudicial question if the criminal is instituted ahead of the civil.
(1) There should be a civil action instituted ahead of the criminal; AND
(2) The issue in the civil will determine the outcome or the guilt or innocence of the
accused.
Preliminary Penalty is at least 4 yrs, 2 months, 1 day – PI is required
Investigation
Process
PI (Rule 1. Affidavit/Complaint
112, Sec 2. Office of Prosec (OP)
3) 3. Raffle
4. Assistant Prosec (AP) can either dismiss the case or issue
subpoena
5. Respondent has to file a counter-affidavit within 10 days
5.1 If respondent cannot be subpoenaed (can’t find the address
or received but did not care to file a counter affidavit), AP
can already render a judgment
5.2 If respondent filed a counter affidavit, AP has to resolve.
AP’s resolution is only recommendatory to the City
Prosecutor (CP)
6. City Prosecutor is not bound by the Resolution of the Assistant
Prosec. CP may opt to –
6.1 Approve the recommendation
6.2 Require AP to change his recommendation and prepare an
information
6.3 Require another Prosecutor to prepare the Information
without need of another PI
6.4 Prepare the Information himself
7. If respondent do not agree with AP and CP, file a Petition for
Review (PFR) to the DOJ*
8. CP files Information in Court –
8.1 RTC
8.1.1 Dismiss
8.1.2 Issue Warrant of Arrest
8.1.3 Hearing
8.2 MTC
8.2.1 Ordinary Procedure (with PI) – same as RTC
8.2.2 No PI
8.2.2.1 Dismiss
8.2.2.2 WA
8.2.2.3 Hearing
8.2.3 Summary Procedure – Warrant of arrest shall NOT
be issued immediately. This is the only instance
whre WA is not immediately issued because of the
rules on Summary Procedure. The Court will require
you to appear and despite repeated notices for you
to appear, you refuse to appear, the Court then will
issue a WA.
No PI AP will not issue a subpoena. Respondent will not be required to file a
counter affidavit
Summary
Proceeding
*If provincial, no need to go to the DOJ. The affirmance of Office of Regional State
Prosecutor on the ruling of the Prosecutor’s Office is cast with finality.
It is now a prohibited pleading to file a Motion for Determination of Probable Cause to pre-
empt the judge before the issuance of warrant. That is non-meritorious motion under the
Guidelines on Continuous Trial.
22
Inquest 1. Warrantless Arrest (Rule 113, Sec 5)

o In Flagrante Delicto – committed in the presence of
o Hot Pursuit – not in the presence of
o Prisoner or Detainee Escapes
2. Police Station (Booked)
3. Inquest Prosecutor – will determine whether the person should be –
Inquest Prosec may either- Options for person arrested

Detained • Ask for PI but waives Sec 125; OR
• Wait for information to be filed then apply for
bail; OR
• Based on continuous trial, within 5 days from
knowledge of filing of the Information you can
file Motion for PI.
Released for further PI Records of the Arrest will be filed at the
Prosecutor’s Office and will undergo PI
4. If the Prosecutor finds Probable Cause, Information is filed in Court.

5. Fiscal represents the State
BAIL Bail is a judicial function.
Bail as matter of –
Right MTC: before or after conviction
RTC: before conviction if penalty is not death, life, reclusion
perpetua
Discretion RTC: After conviction if penalty is not death, life, reclusion
perpetua
Case is murder so capital
punishment. When
Look out for Bail Negating Circumstances (Sec 5) where
appealed, binaba ang
penalty. Accused can now court cannot exercise discretion:
file for bail as a matter of - Flight risk
discretion sa Appellate - Habitual delinquent
Court.
- Recidivist
- Quasi recidivist
- Violated parole
- Violated pardon
Non-bailable Death, Life, Reclusion Perpetua
• File a Petition for Bail (prove that evidence against

you is not strong)
• A Summary Hearing will be conducted after
arraignment.
Where to file Bail?

Court where action is pending. If judge is unavailable, other judge in the same area
He was arrested in Marikina but the case is pending in QC. Where can he apply for
bail?
• QC where action is pending; OR
• Before any RTC Judge of Marikina
Speedy Trial of Judical, Quasi-Judicial and Admin and can be invoked anytime.
Cases
Magante vs Sandiganbayan: There was a violation of right to speedy disposition. The very
moment there is a complaint and he was required to submit a counter affidavit, the period
starts to run. Here, from 2011-2016 there was no action by the Ombudsman and therefore,
there is a violation of right to speedy disposition.
Arraignment and • Arraignment and Pre-Trial shall be set within 30 days from the court has acquired
Pre-Trial jurisdiction.
• Accused AND Counsel should be present
23
• Notice for Arraignment and Pre-Trial shall be sent to the accused, his counsel, the
private complainant and the law enforcement officer including the Public Prosecutor.
• Arraignment can be suspend on the following grounds:
- Accused is of unsound mind
- Prejudicial questions
- Petition for Review (PFR) – Crim Case will be suspended for 60 days
• Can there be waiver of the reading of the Information? YES. But it is the duty of the
court to conduct an examination of the accused, and that the accused consents and
understands the consequences of the same
Types of Plea (1) Plea of Guilt to a Non-Capital Offense – where the penalty is less than death. The
court can render a sentence already, no need for hearing.
(2) Plea of Guilt to a Capital Offense - Despite the plea of guilt to a capital offense, the
prosecution is still required to present evidence to show culpability of the accused
(3) Improvident Plea – accused doesn’t know the consequences of the same; can be
withdrawn before the judgment for conviction becomes final.
o If the sole basis of the conviction is an improvident plea, then the court will
not render a judgment. And the SC will simply remand the case.
o If the court sees that there are other evidence that will establish the
culpable liability of the accused, then despite the presence of improvident
plea, the court will proceed to render a judgment.
(4) Plea of Guilty to a Lesser Offense – during arraignment, after arraignment and
during pre-trial (plea bargaining)
Archiving Archiving happens if after the issuance of Warrant of Arrest, the accused remains to be at
large for 6 months from the delivery of the Warrant of Arrest to the Peace Officer. Such
case shall be archived.
For example, nag issue ng warrant, binigay sa police, 6 na buwan na, isang taon na
nakalipas, walang nagyayari sa kaso. Ma-archive ang kaso!
Other circumstances which will lead to archiving of cases:

1. Accused appears to be suffering from unsound mental condition
2. Valid prejudicial question
3. Interlocutory order or incident to the case where there is TRO or Writ of Preliminary
Injunction
4. Accused jumps bail before arraignment
Provisional There is no ground provided for under Rule117. It could be for a lot of reasons.
Dismissal
aka Dismissal with Any act of consent which amounts to provisional dismissal. And any type of provisional
Consent dismissal is subject to REVIVAL.
REMEMBER:
• If the penalty of the offense EXCEEDS 6 years, it will become permanent from the
time of dismissal, 2 years.
• If the penalty of the offense DOES NOT EXCEED 6 years, it will become
permanent after the lapse of 1 year.
Permanent meaning hindi na pwede i-refile! Period should be counted from the receipt of
the Prosecutor of the revival. Not only should the Prosecution be notified but also the
private prosecutor with chance to revive the case. Kailangan nareceive ni Prosecution kasi
siya yung may chance to revive the case.
Motion to Quash • Should be in writing
• Should be filed before Plea
• Must only be based on the grounds stated in Rule 117
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the
accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for
various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
24
(h) That it contains averments which, if true, would constitute a legal excuse or
justification; and
(i) That the accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent.
DOUBLE MEMORIZE THE REQUISITES!!!
JEOPARDY (1) There is a court of competent jurisdiction
(2) There is a complaint or Information
(3) There was an arraignment and a plea
(4) That the accused has been convicted, acquitted or the case has been dismissed
without express consent of the accused. If it was dismissed with consent of the
accused, it will be a provisional dismissal and not a double jeopardy.
Pre-Trial Pre-Trial is mandatory. Once pre-trial proper is completed, dun pa lang papasok ang Court-
Annexed Mediation (CAM). If unsuccessful, Trial na yan!
Pwede ba mag JDR? No. In criminal cases, walang JDR! May continuous trial na naman.
Pwede ba mag compromise sa criminal cases? Remember an offer of compromise in
criminal cases is an admission of liability.
Pwede ba i-mediate ang robbery? Definitely Not!!!
These are crimes to be subject of Mediation – [civil aspect only]

o Non-remittance of SSS Premium
o Violation of Pag IBIG Laws
o BP22
o Theft
o Estafa under 315(1)
o Swindling (316)
o Swindling a Minor (317)
o Other deceits (318)
o Crimes Against Honor – Malicious Mischief, Slander, Libel, Slander by Deed,
Intriguing Against Honor
o Violation of IP Law
Where Culpability can be published through documents:

- Falsification
- Malversation
- Estafa
When Culpability is based on Eye-Witness Account – testimony in direct examination

should always be in oral form
TRIAL Within 180 days
Promulgation of Should be within 90 days from the termination of trial
Judgment
(within 90 days) How should promulgation take place in Crim Cases?
There will be a Notice of Promulgation served in the address of the accused and the
bondsman should likewise be served the copy of the promulgation that indicated the day
and time when the accused would have to be present.
What if nag jumpbail na yung accused?

It will have to be served at the last known address of the accused. And the bondsman
should be informed.
Judgment should be read to the accused. Accused must be present! The only exception is
if accused was charged with light offense.
What if there is a variance from that which is alleged and which is proven?
Example, Estafa was alleged pero ang napatunayan Other Deceits. It is still a valid
judgment!! If it is necessarily proven in the offense charged, then it would still be a valid
judgment! Ang hindi pwede yung chinarge mo ng Robbery tapos napatunayan mo ng
Rape? Hindi pwede yun!
25
AVAILABLE REMEDIES 15 days

Motion for Recon Error of fact or law that requires NO further
proceedings. To set aside judgment.
Motion for New Trial • Newly discovered evidence
• Error of law or Irregularities in the proceedings
that would prejudice the rights of the accused
(eg was not able to present evidence)
Appeal MTC > Notice of Appeal > RTC (Memorandum)
RTC > Notice of Appeal > CA (Brief, R124)
MTC > RTC > Petition for Review > CA
MTC > RTC > CA > R45 > SC

RTC > CA > R45 > SC
SB > SC
Acquittal is executory! You cannot file these remedies anymore. the only remedy for the
prosecution is a Petition for Certiorari if you could establish that the decision of the Judge
is with GADALEJ and should be in conformity with the Solicitor General.
One-Day Witness Pag nagpresenta ka ng witness ngayon on direct examination, if it is in judicial affidavit,
Examination Rule conduct a cross, redirect and recross
Discharge Na-arraign na yung tao na yan. That is why the person being discharged will submit an
affidavit. And the court will conduct a hearing and examine the application of discharge. If
the court grants it after the hearing, that means you are already acquitted. If the court says
it is not convinced, that is rendered inadmissible and that cannot be used at the course of
trial.
When can you submit discharge as State Witness?

Anytime before the prosecution rests its case. The evidence presented in the discharge if
admitted, can later be adapted during trial. Amounts to acquittal of discharged accused.
(a)There is absolute necessity for the testimony of the accused whose discharge is
requested;
(b) The is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused;
(c) The testimony of said accused can be substantially corroborated in its material
points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral
turpitude.
Search Warrant MEMORIZE Requirements
(1) Determination of Probable Cause

(2) PC determined personally by the Judge
(3) Issued after examination, under oath or affirmation, of the complainant and the
witnesses he may produce
(4) Warrant must particularly describe the place to be searched and the persons or
things to be seized
• 1 Search Warrant for 1 Offense

• But there could be several counts in 1 Search Warrant
• SW is only effective for a period of 10 days, served only during daytime. Unless it is
the body of the person to be searched or in the premises to be searched.
SCATTERSHOT WARRANT: those which are issued for more than one specific offense.
The search warrant was totally null and void and was correctly declared to be so by the
very judge who had issued it.
“Unidentified Amount of Marijuana” – SC held that it was a sufficient description

because it pertains to same class of drugs naman. Unless it says “all other illegal drugs or
illegal substance,” that is a wrong description!
Duty of Searching Officer to make an Inventory. Failure to do so, he can be held liable for
Contempt.
26
2-Witness Rule Search and Leave in the premises and in the presence of 2 other people of sufficient age
and discretion residing in the same community. This requirement of Search and Leaving a
Receipt is not a requirement if it is a buy-bust operation.
Can apply SW in Pag nag apply ka ng Search Warrant in Manila and QC, effective na siya throughout the
Manila and QC and PH.
enforceable
throughout the PH Eg. Applied in Manila but was used in Davao. That is allowed!
Precautionary Hold It can be applied in RTC of Manila, QC, Cebu City, Iloilo City, Davao City and CDO. They
Departure Order shall have the authority to act on the applications filed by the Prosecutor’s Office based on
Circular AM-18-07- the complaints instituted by the NBI regardless of where the crime was committed.
05-SC
This is special! Take note – upon complaint by NBI and this is regardless where crime was
committed.
Plea-Bargaining Allowed na in DDA cases such Possession of drugs under Sec 5. Shabu should be less
than 5grams and Marijuana less than 300grams.
Motion for Only allowed if in the first place, the offense is subject to Preliminary Investigation. Meaning
Preliminary the nature of the case requires PI. You were deprived of PI. Your client was arrested
Investigation without a warrant and an Information has been filed.
Motion for MR of the Prosecutor remanding the filing of the Information once the Information has been
Reinvestigation filed in Court. You can only file Motion for Reinvestigation if the nature of the offense
requires PI. It requires leave of court.
You cannot file this if you are questioning the admissibility of evidence, credibility of
witnesses, innocence of the accused that pertains to trial.
HDO Unless it is lifted, it is still there.
27

Civil Procedure: Atty. Tranquil (2022 Lectures)

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ATTY.

TRANQUIL [2022 LECTURES]

Jurisdiction Ku vs RCBC Securities (2018)

• Involves Title to, Possession or Interest over Real Property –

• Rules on Summary Procedure (MTC)

Commencement of By filing the complaint AND payment of docket fees

What if there is NO CAUSE OF ACTION?

Turner vs Turner (no cause of action)

Litis Pendentia Res Judicata

Cruz vs Tolentino (2018)

Pantranco case (2005)

What are the requisites?

Substitution Kinds of Substitution:

What is the duty of the lawyer?

What should the court do?

What if the Substitution Process was not followed?

Death (Sec 16) Death (Sec 20)

Jose Reyes vs Rico Rodriguez, Jose Reyes vs The Estate of Rico

INDIGENT PARTY You can ask the court to be declared an indigent.

So was it properly instituted in Manila?

REAL ACTION PERSONAL ACTION

How do you serve Summons?

The claim or demand may be:

Example: Hindi ako nangutang sainyo

MEMORIZE →Though hypothetically admitting the material allegations of the

Rule 8 Sec 12 Rule 6 Sec 5 (b)

• Formal: Clerical or typographical error (court can do that)

Service of Final • Personal; or

Notice of Lis 5. Directly affecting title, use or occupation of the land

upon the head of security

• Last resort – by sending

Service of Summons on someone who do not reside in the PH:

(d) Motion for Execution Pending Appeal (Discretionary Execution)

Considering there is a complaint, answer and a counterclaim. What happens to the

How will the counterclaim be prosecuted?

Who should be present in a Pre-Trial/Mediation/JDR?

If not able to file Pre-Trial brief – tantamount to absence in Pre-trial!!

The Court has 90 calendar days to render judgment.

Can you file an MR?

Who can issue?

What does Subpoena includes?

Persons upon whom deposition shall take place

• Any person authorized to administer oath and as stipulated by the parties

Grounds for Opposition:

Taking of • Questions and answers will be recorded (stenographic notes).

Request for • You can only file if there is an answer already.

(inamin mo yung cause of action without

REMEDY GROUNDS Can file second EFFECT

Petition for • Party to the case

Within 6 months from

CA to annul the prevented you from there will trial

Should be filed discovery

APPEAL ORDINARY APPEAL (R41)

Can I file for MR before filing Notice of Appeal?

NOTE: MR is NOT a pre-requisite to a Notice of Appeal

PETITION FOR REVIEW ON CERTIORARI (R45)

Grounds Pure questions of law Grave abuse of discretion amounting to

(1) As a matter of right