A2016 Civ Pro Midterms Reviewer.pdf

LAW 125

A2016

CIVIL PROCEDURE PROF. VICTOR ELEAZAR

Norlegen Bayona Dianne Irish Cadorna Diane Jane Dolot Contributors: Roby Cruz Michael De Castro Apo Española Justin Ordoyo Laurie Quiambao Nasha Reyes

I. GENERAL PRINCIPLES 2. POWER

OF THE SC TO AMEND AND SUSPEND PROCEDURAL RULES

EMEDIAL L AW A. CONCEPT OF R EMEDIAL -

-

Remedial law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion ( Bustos vs. Lucero, 81 Phil. 640 ). It is also known as

-

Power to itself

includes power to

The constitutional power of SC to promulgate, amend or repeal rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on point of remedial law through the amendment of the ROC. (Pinga v Heirs of Santiago)

B. SUBSTANTIVE L AW AS DISTINGUISHED

FROM R EMEDIAL EMEDIAL L AW SUBSTANTIVE L AW

and

-

R EMEDIAL EMEDIAL L AW

It creates, defines, and Method of enforcing those regulates rights concerning rights and obligations life, liberty, or property, or created by substantive law the power of agencies or by providing a procedural instrumentalities for the system for obtaining administration of public redress for invasion of affairs rights and violations of duties and by laying out rules as to how suits are filed, tried, and decided upon by the courts. It makes vested rights No vested rights possible. Prospective in application Governs acts which took place Cannot be enacted by SC SC is empowered to promulgate procedural rules

When

so warrant or when the requires it, the SC may amend and suspend procedural rules. It is discretionary upon courts. ( CIR v Mirant Pagbilao )

-

a. b. c.

d. e. a.

b.

: The existence of special or compelling circumstances; Merits of the case; Cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules A lack of showing that the review sought is merely frivolous and dilatory; The other party will not be unjustly prejudiced thereby. (Sarmiento v Zaratan)

Where substantial and important issues await resolution. (CIR v Mirant) When transcendental matters of life, liberty or state security are involved. ( Mindanao Savings Loan Asso. v. Vicenta Vda. De Flores)

c. POWER TO SUSPEND PROCEDURAL RULES

C. R ULE ULE-M AKING POWER OF THE SUPREME

COURT : CONSTITUTION

a.

Sec. 5(5), Art. VIII, of the 1987 Constitution provides that the SC shall have the power to: a. promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts;

o

o

The Court has the to amend, repeal, or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of cases [Neypes v CA ]

b.

-

Limit

d.

not for convenience of a party ( Abrenica V ); mere invocation of Law firm of ATT ); substantial justice is NOT a magical incantation that will automatically compel the Court to suspend procedural rules. (Cu-unjieng v CA ) When applied: o clear showing of prima facie merit of petition (Munoz v People) o where rigid application will result in manifest failure or miscarriage of justice o where interest of substantial justice will be served o

ON THE RULE -MAKING POWER OF

Limits provided by the Constitution: Rules shall provide a for the speedy disposition of cases b. Rules shall be for courts of the same grade c. Rules shall substantive rights

Bayona/Cadorna/Dolot

b.

achieve disposition of every action in a manner that is JUST, SPEEDY, and INEXPENSIVE.

c.

a.

a.

rigid application of Rules may be relaxed so that the ends of justice may be better served (Cruz v CA) Strict compliance is the general rule, liberal construction is the exception (Pilapil v Heirs of Briones)

Purpose o

*this power was shared with Congress before 1987 Constitution

1. LIMITATIONS SC

Concept

2

c.

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I. GENERAL PRINCIPLES 2. POWER

OF THE SC TO AMEND AND SUSPEND PROCEDURAL RULES

EMEDIAL L AW A. CONCEPT OF R EMEDIAL -

-

Remedial law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion ( Bustos vs. Lucero, 81 Phil. 640 ). It is also known as

-

Power to itself

includes power to

The constitutional power of SC to promulgate, amend or repeal rules of practice and procedure necessarily carries with it the power to overturn judicial precedents on point of remedial law through the amendment of the ROC. (Pinga v Heirs of Santiago)

B. SUBSTANTIVE L AW AS DISTINGUISHED

FROM R EMEDIAL EMEDIAL L AW SUBSTANTIVE L AW

and

-

R EMEDIAL EMEDIAL L AW

It creates, defines, and Method of enforcing those regulates rights concerning rights and obligations life, liberty, or property, or created by substantive law the power of agencies or by providing a procedural instrumentalities for the system for obtaining administration of public redress for invasion of affairs rights and violations of duties and by laying out rules as to how suits are filed, tried, and decided upon by the courts. It makes vested rights No vested rights possible. Prospective in application Governs acts which took place Cannot be enacted by SC SC is empowered to promulgate procedural rules

When

so warrant or when the requires it, the SC may amend and suspend procedural rules. It is discretionary upon courts. ( CIR v Mirant Pagbilao )

-

a. b. c.

d. e. a.

b.

: The existence of special or compelling circumstances; Merits of the case; Cause not entirely attributable to the fault or negligence of the party favored by the suspension of rules A lack of showing that the review sought is merely frivolous and dilatory; The other party will not be unjustly prejudiced thereby. (Sarmiento v Zaratan)

Where substantial and important issues await resolution. (CIR v Mirant) When transcendental matters of life, liberty or state security are involved. ( Mindanao Savings Loan Asso. v. Vicenta Vda. De Flores)

c. POWER TO SUSPEND PROCEDURAL RULES

C. R ULE ULE-M AKING POWER OF THE SUPREME

COURT : CONSTITUTION

a.

Sec. 5(5), Art. VIII, of the 1987 Constitution provides that the SC shall have the power to: a. promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts;

o

o

The Court has the to amend, repeal, or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of cases [Neypes v CA ]

b.

-

Limit

d.

not for convenience of a party ( Abrenica V ); mere invocation of Law firm of ATT ); substantial justice is NOT a magical incantation that will automatically compel the Court to suspend procedural rules. (Cu-unjieng v CA ) When applied: o clear showing of prima facie merit of petition (Munoz v People) o where rigid application will result in manifest failure or miscarriage of justice o where interest of substantial justice will be served o

ON THE RULE -MAKING POWER OF

Limits provided by the Constitution: Rules shall provide a for the speedy disposition of cases b. Rules shall be for courts of the same grade c. Rules shall substantive rights


b.

achieve disposition of every action in a manner that is JUST, SPEEDY, and INEXPENSIVE.

c.

a.

a.

rigid application of Rules may be relaxed so that the ends of justice may be better served (Cruz v CA) Strict compliance is the general rule, liberal construction is the exception (Pilapil v Heirs of Briones)

Purpose o

*this power was shared with Congress before 1987 Constitution

1. LIMITATIONS SC

Concept

2

c.

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where the resolution of the motion is addressed solely to the sound and judicious discretion of of court where injustice to the adverse party is not commensurate to degree of his thoughtlessness in not complying with the procedure prescribed (Vette Industrial Sales v Cheng )

o

o

b. ELEMENTS OF JURISDICTION OVER THE SUBJECT MATTER

conferred by law (BP 129)

ETROACTIVITY OF PROCEDURAL RULES e. R ETROACTIVITY :

prospective;

no

retroactive

b.

: may be made applicable to actions pending and undetermined at time of their passage [not violative because there are no vested rights in ruled of procedure] : Procedural rules do not apply to pending actions statute itself or by necessary implication provides that pending actions are excepted from its operation if applying the rule to pending proceedings would impair vested rights when to do so would not be feasible or would work injustice if doing so would intricate problems of due process or impair the independence of the courts ( Tan v CA)

NOT waivable, except in cases of estoppel to question or raise jurisdiction jurisdiction (Tijam vs. Sibonghanoy)* It is determined upon the allegations made in the complaint.

*doctrine

PRINCIPLES IN JURISDICTION JURISDICTION f. B ASIC PRINCIPLES

V ENUE ENUE

The to hear and determine a case

The where the case is to be heard or tried

A matter of

A matter of

Establishes between the

a

relation

Fixed and cannot be conferred by the parties

a. PRINCIPLE OF JURISDICTION

Establishes

proper service of summons, OR voluntary appearance in court and his submission to the authority of the court

b.

seizure of the thing under legal process whereby it is brought into actual custody of law; OR institution of a legal proceeding wherein the power of the court over the thing is recognized and made effective

May be waived

of laches or stale demands in Tijam is the exception to the

c. CLASSES OF JURISDICTION

relation : plaintiff and defendant, or petitioner and respondent May be conferred of the parties

EQUITY

GENERAL JURISDICTION

SPECIAL JURISDICTION

power to adjudicate except those expressly withheld from the plenary powers of the court

restricts the court‘s jurisdiction only to and subject to such limitations as may be provided by the governing law

ORIGINAL

APPELLATE

power of the court to take judicial cognizance cognizance of a case instituted for judicial action for the under conditions provided by law

power of court to resolve issues presented in a case in accordance with the natural rules of fairness and justice in the ABSENCE OF A CLEAR, POSITIVE LAW governing such issues. Equity seeks to reach and to do

where the to do so because of the and the lack of power to adapt their judgments judgments to the special special circumstance circumstance of cases. cases. Equity regards the spirit of the law and not its letter, the intent and not the form, the substance rather than the circumstance. (Air Manila v CIR)


a.

principle of estoppel as a defense to a jurisdictional error. In Calimlim v. Ramirez , the SC observed that Tijam was developing into a general rule rather than as an exception. Thus, in Calimlim, the SC refused to apply Tijam.

a

THE EXERCISE OF

OVER THE R ES ES

filing of the initiatory pleading, like a complaint

a.

effect

JURISDICTION

OVER THE P ARTIES

3

authority of a court higher in rank to re-examine the final order or judgment of a lower court which tried the case now elevated for

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c)

EXCLUSIVE power to adjudicate a case or proceeding to the of all other courts at that stage.

CONCURRENT/CONFLUENT/C OORDINATE

power conferred upon different courts, whether of the same or different ranks, to take cognizance at the of the same case in the same or different judicial territories.* territories.*

2.

1.

*concurrent jurisdiction is subject to (e.g. SC, CA and RTC has concurrent jurisdiction to writ of mandamus but one may not go directly to SC unless for special and important reasons)

D. N ATURE OF PHILIPPINE COURTS 1. MEANING OF A COURT - an organ of government belonging to the judicial department the function of which is the application of the laws to controversies brought before it as well as public administration of justice (Black’s, ( Black’s, 5 th Edition, 356)

2. COURT AS DISTINGUISHED FROM A JUDGE COURT

JUDGE

Tribunal officially assembled under authority of law

Officer of tribunal

Being in imagination like a corporation An office

Physical person

2.

Where the demand exclusive of interest, damages of whatever kind, attorney‘s fees, litigation expenses, and cost, or the value of the personal property or controversy exceeds P300,000 outside MM or exceeds P400,000 in MM Exercise appellate jurisdiction

CA is an appellate court a) Reviewing cases appealed to it from the RTC on questions of fact or mixed questions of fact and law b) Decisions of the RTC in the exercise of its original jurisdiction a. As a matter of right b. As a matter of discretion c) Occasionally, CA may act as a trial court, as in actions praying for the annulment of final and executory judgments of RTCs on the ground of extrinsic fraud subsequently discovered, against which no other remedies lies Sandiganbayan has jurisdiction: a)

Over all criminal cases involving: a. Graft and corrupt practices act b. Such other offenses committed by public officers and employees including those in GOCCs in relation to their office

b)

It also has exclusive appellate jurisdiction over final judgments, resolutions, or orders of RTCs whether in the exercise of their own original or appellate jurisdiction over criminal and civil cases committed by public officers or employees including those in GOCCs in relation to their office

Public officer

Jurisdiction does not attach to the judge but to the court. Thus, continuity of a court and efficacy of proceedings are not affected by death or resignation resignation of the judge presiding ABC Davao v CA) over it. ( ABC

3. CLASSIFICATION OF PHILIPPINE COURTS

4. COURTS OF ORIGINAL JURISDICTION

– which try

ORIGINAL

and decide: 1.

2.

MeTC, MCTC, MTC RTC

Criminal actions involving: a) Violations of city or municipal ordinances committed within their respective territorial jurisdiction; and b) Offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine and regardless of other imposable accessory or other penalties, and

Courts of general jurisdiction a) Actions incapable of pecuniary estimation b) Actions involving title to or possession of real property where the assessed value of the property exceeds P20,000 outside MM or exceeds P50,000 in MM


see jurisdiction

 

see jurisdiction



issuance of writs of certiorari, mandamus, quo warranto, habeas corpus, and prohibition; actions for annulment of judgments of of RTCs



cases affecting ambassadors, public ministers and consuls, and in cases involving petitions for certiorari, prohibition and mandamus





4

PPELLATE A PPELLATE

A PPELLATE PPELLATE



CA

Civil actions including: a) Ejectment Cases (Feud) b) Recovery of personal property with a value not exceeding P300,000 outside Metro Manila (MM) or not exceeding P400,000 in MM

SC 1.

AND



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cases from MTC cases from RTC and specified quasi-judicial agencies

all cases *SC en banc not an appellate court for SC divisions

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5. COURTS OF GENERAL JURISDICTION * [SUPRA ]

AND

SPECIAL

the

latter

( Philippine

Sinter

v

Cagayan

Electric)

6. CONSTITUTIONAL AND STATUTORY COURTS CONSTITUTIONAL

STATUTORY

created by a direct Constitutional provision i.e Supreme Court

Created by a law other than the Constitution* i.e all courts except SC

*Sandiganbayan is not a Constitutional court, created by PD 1486

7. COURTS OF L AW AND EQUITY -

Philippine courts are both courts of law and equity

COURT OF L AW

COURT OF EQUITY

decides a case according to the existing laws

adjudicates according to the common precepts of what is right and just without inquiring into the terms of the statutes

8. PRINCIPLE OF JUDICIAL HIERARCHY sequence of recourse recourse to courts vested ordained sequence with concurrent jurisdiction, beginning from the lowest, on to the next highest and ultimately to the highest. This hierarchy is determinative of the venue of appeals, and is likewise determinative of the proper forum for petitions for extraordinary writs. This is an established policy necessary to avoid inordinate demands upon the Court‘s time and attention which are better devoted to those matters within its exclusive jurisdiction, and to preclude the further clogging of the Court‘s docket ( Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, VIII, Constitution Constitution of the Philippines) Philippines)

1. 2.

it would be an imposition upon the limited time of the Court it would inevitably result in a delay in adjudication of case

if warranted by nature and importance of issues raised 1. 2.

in the interest of speedy justice, and to avoid future litigations

9. DOCTRINE OF NON-INTERFERENCE DOCTRINE OF JUDICIAL STABILITY

OR

courts of equal and coordinate jurisdiction jurisdiction cannot interfere with each other‘s orders ( Lapu-lapu Development v Group Management Corp ). This bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction ( Villamor v Salas).

10. DOCTRINE OF A SSOCIATIONS SSOCIATIONS

NON-INTERFERENCE

IN

same as above; when law provides for an appeal from decision of an admin body to SC or CA, it means that such body is co-equal with RTC thus beyond the control of Bayona/Cadorna/Dolot

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II. JURISDICTION Governed by

A. JURISDICTION OVER P ARTIES 1. HOW

JURISDICTION ACQUIRED

OVER

PLAINTIFF

IS

Rules of Court, SC Orders; Except: if the law itself provides therefor

3. ERROR OF JURISDICTION AS DISTINGUISHED FROM ERROR OF JUDGMENT

By filing the complaint/petition. (Herrera)

-

certiorari Substantive law

2. HOW

JURISDICTION OVER THE DEFENDANT IS ACQUIRED An erroneous judgment is not void and treated as valid and enforceable. (Mercado v CA) An error of jurisdiction leads to an absolutely void decision.

THERE ARE 3 WAYS: (1) SERVICE OF SUMMONS (2) OTHER COERCIVE PROCESS (3) VOLUNTARY SUBMISSION TO THE AUTHORITY OF THE CT

-

Within the interval between the filing of the complaint up to the service of summons, acts of the plaintiff and the court are unquestionably valid. E.g. appoint guardian ad litem, plaintiff as pauper litigant, amendment as a matter of right, authorization of the court of service of summons by publication, dismissal of the action by plaintiff by mere notice.

4. HOW JURISDICTION DETERMINED

IS CONFERRED AND

Jurisdiction is Further, jurisdiction is the complaint.

or the Constitution.

What determines jurisdiction:  proven facts ✓alleged facts

3. COMPARE WITH CRIMINAL PROCEDURE Cf. Defendant in a criminal case

5. DOCTRINE OF PRIMARY JURISDICTION

(1) Service of summons (2) Arrest (3) Voluntary appearance

If the determination of a case requires the expertise, specialized skills and knowledge of the proper administrative body because technical matters or intricate questions of fact are involved, THEREFORE relief must first be obtained from the administrative agency before the court can provide a remedy even if the Court has jurisdiction.

B. JURISDICTION OVER SUBJECT M ATTER 1. MEANING OF JURISDICTION OVER THE SUBJECT M ATTER It is the power and authority of a court to hear, try and decide a case. Jurisdiction over the subject matter is conferred only by the Constitution or by law. It cannot be fixed by the will of the parties nor by their act or omission or by the acquiescence of the Court.

Rule, parsed: IF (1) Claim is originally cognizable by the court + (2) Enforcement of the claim requires the resolution of issues within the special competence of an admin. body

Exception: Estoppel by laches. (Tijam v Sibonghanoy)

2. JURISDICTION JURISDICTION

in

VERSUS THE

EXERCISE

= Judicial process is suspended AND issues are referred to the admin. body

OF

Cf. Doctrine of Exhaustion of Administrative Remedies

A SPECT

JURISDICTION

Pertains Authority to If there is There is an error jurisdiction

Effect of error a.

Judgment absolutely

EXERCISE OF JURISDICTION

A SPECT

JURISDICTION

Decision rendered no The decision is erroneous, but made with jurisdiction Correctible by void; appeal


PRIMARY

b.

6

Process

Court 1st, then AA

Effect

Suspended

c.

EXHAUSTION OF R EMEDIES AA 1st before Ct; Plaintiff must pursue admin proceeding to its logical conclusion Dismissed

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III. Civil Procedure Cf.

6. DOCTRINE JURISDICTION

OF

A DHERENCE

: conferred by law.

D. JURISDICTION OVER THE R ES

OF

: Property must be within the territorial dominion of a Court.

: Jurisdiction, once attached, cannot be ousted.

E. JURISDICTION OF COURTS

: a) b)

c)

d)

e)

f)

g) h)

1. SUPREME COURT 2. COURT OF A PPEALS

Statute expressly prohibits continued exercise of jurisdiction. When a subsequent law provides a prohibition for the continued exercise of jurisdiction [Rilloraza vs. Arciaga]. Where the law penalizing an act which is punishable is repealed by a subsequent law. Why? State loses the power to prosecute when the law is repealed, hence, the court has no more power to decide [People vs. Pastor,]. When accused is deprived of his constitutional right such as where the court fails to provide counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional right [Chavez vs. CA] When the proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void [Seven vs. Pichay]. When the statute expressly provides, or is construed to the effect that it intended to operate as to actions pending before its enactment [Bengzon vs. Inciong]. Once appeal has been perfected [Alma vs. Abbas]. When the law is curative [Garcia vs. Martinez]

7. OBJECTIONS TO JURISDICTION SUBJECT M ATTER

(a) Original

jurisdiction to issue (certiorari, prohibition, mandamus, quo warranto including habeas corpus and auxiliary writs) (b) Exclusive and original jurisdiction over

(c) Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders, awards of RTC and admin agencies

3. COURT OF T AX A PPEALS (a) Original and Appellate jurisdiction over Civil and criminal tax cases involving a. National Internal Revenue Code b. Tariff and Customs Code c. Local Govt Assessment Code (b) Appellate Jurisdiction wrt a. BIR decisions, inaction b. RTC decisions involving local taxe cases c. Decisions of the Commissioner of Customs

4. S ANDIGANBAYAN OVER THE

a.

Original Jurisdiction, 2 Elements: i. Subject matter: RA 3019, RA 1379, RPC Chapter on Public Officers ii. Position: SG 27 or higher b. Appellate Jurisdiction if RTC has original jurisdiction

Objections to jurisdiction over the SM may be raised at any point in the proceedings even for the first time on appeal. : If the court did not have juris. over SM, the decision is absolutely void and may be challenged any time.

8. EFFECT OF ESTOPPEL JURISDICTION

ON

OBJECTIONS

5. R EGIONAL TRIAL COURTS a.

TO b.

i. ii. iii.

: Estoppel by laches. (Tijam v Sibonghanoy)

c.

C. JURISDICTION OVER THE ISSUES pleading.

d.

7

Assessed value > P20k outside MM Assessed value > P50k w/in MM Except: Forcible entry, Unlawful detainer

All actions in admirality and maritime jurisdiction i. ii.

: determined by the allegations in the


All civil actions in which the subject of the litigation is incapable of pecuniary estimation All civil actions involving title to or possession of real property

Demand or claim > P300k outside MM Demand or claim > P400k w/in MM

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III. Civil Procedure e.

f.

ii. Marital relations All cases not within the exclusive jurisdiction of any Court, tribunal, person or body All civil actions and special proceedings falling within the exclusive original jurisdiction of i. ii.

g.

Juvenile and Domestic Relations Courts Courts of Agrarian Relations

All matters of probate i. ii.

h.

c.

Gross value of estate > P300k outside Gross value of estate > P400k MM

d.

All other cases where i. ii. iii.

Demand or value > P300k outside Demand or value > P400k MM Note: Exclusive of interest, damages, attorney‘s fees, litigation expenses, costs

8. SHARIAH COURTS Article 137 of PD 1083 states that the Shari‘a courts are created as part of the judicial system and are courts of limited jurisdiction.

6. F AMILY COURTS 1. 2. 3.

4. 5.

6.

7.

Petitions for guardianship, custody of children, habeas corpus in relation to the latter; Petitions for adoption of children and the revocation thereof; Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains; Petitions for support and/or acknowledgment; Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the ―Family Code of the Philippines‖; Petitions for declaration of status of children as abandoned, dependent of neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws; Petitions for the constitution of the family home;

F. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE R ULES ON SUMMARY PROCEDURE AND B ARANGAY CONCILIATION 1. SMALL CLAIMS COURT a. b.

Action before MTC, MCTC, MTCC money claim = does not exceed P100, 000.00 exclusive of interest and costs

a.

b.

where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and the , either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111, RROC.

a.

For 1. 2. 3. 4. 5.

7. METROPOLITAN TRIAL COURTS/MUNICIPAL TRIAL COURTS a.

b.

Exclusive and original jurisdiction over civil actions and probate proceedings i. Value ≤ P300k outside ii. Value ≤ P400k MM iii. Note: If there are several claims, apply totality rule (just add ‗em all) Exclusive and original jurisdiction over FE + UD (ejectment cases)


Exclusive and original jurisdiction in all civil actions which involve title to or possession of real property or any interest therein i. Assessed value ≤ P20k outside ii. Assessed value ≤ P50k MM iii. Note: Exclusive of damages, interest, etc. iv. Note: If not declared for taxation purposes, then the assessed value of the adjacent lots may be considered The Supreme Court may assign the ff cases to the MTCs i. Cadastral ii. Land registration cases iii. Note: limited to original cases

b.

For 1. 2. 3.

c.

under any of the following: Contract of Lease; Contract of Sale; Contract of Loan; Contract of Mortgage Contract of Services; arising from any of the following: Fault or negligence; Quasi-contract; or Contract;

The involving a

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III. Civil Procedure 9. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice; 10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) 11. Labor disputes or controversies arising from employeremployee relations 12. Actions to annul judgment upon a compromise which may be filed directly in court

money claim covered by this Rule pursuant to Sec. 417.

1. RULES ON SUMMARY PROCEDURE All cases of irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney‘s fees are awarded, the same shall not exceed P20,000.00. All , except probate proceedings, where the total amount of the plaintiff‘s claim

G. TOTALITY R ULE Where there are or causes of actions between the same or different parties, embodied in the , the , irrespective of whether the causes of action arose out of the same or different transaction. (Sec. 33 (1), B.P. No. 129, as amended)

, exclusive of interest and costs.

2. BARANGAY CONCILIATION [Adm.

Circular No. 14-93]

We will follow the totality rule in BP 129 because it is elementary in statutory construction that in case of conflict, substantive law prevails over procedural laws.

Barangay conciliation is a pre-condition for all disputes before filing a complaint in court or any gov‘t offices 1. Where one party is the government, or any subdivision or instrumentality thereof; 2. Where one party is a public officer or employee and the dispute relates to the performance of his official functions; 3. Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon; 4. Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules]; 5. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon; 6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one [1] year or a fine of over five thousand pesos (P5,000.00); 7. Offenses where there is no private offended party; 8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following: a. Criminal cases where accused is under police custody or detention 3. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of or on acting in his behalf; 4. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and 5. Actions which may be barred by the Statute of Limitations.


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III. Civil Procedure A. A CTIONS f.

Actions refer to the legal and formal demand of one‘s right from another person made and insisted upon in a court of justice. The determinative operative act which converts a claim into an action or suit:



Filing Fees M ANCHESTER R ULE

SUN INSURANCE C ASE

, petitions, answers and other similar pleadings should

It is not simply the filing of the complaint or appropriate initiatory pleading but also the payment of the prescribed docket fee that vests a trial court with jurisdiction over the subject matter or nature of the action. Initiatory pleading not accompanied by payment of the docket fee: the court may allow payment of the fee within a reasonable time but in no case beyond the applicable prescriptive or reglementary period. [Applicable to permissive counterclaims, third party claims and similar pleadings]

being prayed for not only in the body of the pleading but also in the prayer, and said

. Any pleading that fails to comply with this requirement shall not be accepted nor admitted, or shall otherwise be expunged from the record.

Can the Courts grant to foundations who work for indigent and underprivileged people, the same option granted to indigent people? No. Only a natural party litigant may be regarded as an indigent litigant. [ Query of Mr. Roger C. Prioreschi re: exemption from legal and filing fees of the Good Shepherd Foundation Inc., A.M. No. 09-6-9-SC, August 19, 2009 Resolution]

Can you file a pay docket fees by registered mail? Yes. [Sec. 3 of Rule 13]



b.

c.

Commencement of Action When is an action commenced?

A civil action is commenced by the filing of the original complaint

Can you file a complaint or petition by registered mail?

Summary of rules on docket fees a.

precise amount of damages and accept payment of the requisite legal fees. If there are unspecified claims, the determination of which may arise after the filing of the complaint or similar pleading, the . The same rule also applies to third-party claims and other similar pleadings. [ Ballatan v. Court of Appeals]

An action can be commenced by filing the complaint by registered mail. In which case, it is the date of mailing that is considered as the date of filing and not the date of the receipt thereof by the clerk of court. [Sec. 3 of Rule 13]

Complaint must be accompanied by the payment of the requisite docket and filing fees. If the complaint is filed but the fees are not paid at the time of filing, the court acquires jurisdiction upon full payment of the fees within a reasonable time as the court may grant, barring prescription. Real actions: docket fees = based on value of the property + amount of damages claimed, if any. Basis of value of property [Rule 141, Sec. 7 (a),]: 1)

1. MEANING OF ORDINARY CIVIL A CTIONS Sec. 3, Rule 1 (General Provisions)

,

Cases governed. — These Rules shall govern the procedure to be observed in actions, civil or criminal and special proceedings. A. A is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong , A civil action may either be ordinary or special. Both are governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action. B. A is one by which the State prosecutes a person for an act or omission punishable by law .

, or if there is none,

2)

d.

e.

as alleged by the claimant. Where the fees prescribed for the real action have been paid but the fees of certain related damages are not, the court, although having , may . Accordingly, the court may expunge those claims for damages, or allow, on motion, a reasonable time for amendment of the complaint so as to allege the


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filed in the court where the or any part thereof is

A is a remedy by which a party seeks to establish a status, a right, or a particular fact.

2. MEANING OF SPECIAL CIVIL A CTIONS It is also civil action and governed by the rules for ordinary action but because of its , it is prescribed for them, particularly Rule 62 to Rule 71, depending on the special civil action involved. -

The ff. are the special civil actions in ROC: a. Interpleader b. Declaratory relief and similar remedies c. Review of judgments and final orders or resolutions of the COMELEC and OCA d. Certiorari , prohibition, and mandamus e. Quo warranto f. Expropriation g. Foreclosure of real estate mortgage h. Partition i. Forcible entry and unlawful detainer j. Contempt

CONTENTIOUS:

The ff. are the special proceedings in ROC: a. Settlement of estate of deceased persons b. Escheat c. Guardianship and custody of children d. Trustees e. Adoption f. Rescission and revocation of adoption g. Hospitalization of insane persons h. Habeas corpus i. Change of name j. Voluntary dissolution of corporations k. Judicial approval of voluntary recognition of minor natural children l. Constitution of family home m. Declaration of absence of death Cancellation or correction of entries in the civil registry

a.

c.

CONTENTIOUS: a.

b. c. d.

Significance of the distinction:

subject is ownership possession

founded privity of

the or of

on

MIXED A CTION

is sought to be recovered or where damages for breach of contract are sought; basically, all other actions which are not real founded on privity of

real and personal properties are involved


founded privity of

action to recover possession of real property + damages – because possession is involved, and damages is merely incidental involving a fictitious sale of a fishpond – there being no contract between the parties, the action cannot be an action for annulment of sale, but one for recovery of a fishpond action for the recovery of possession of leased premises and for the payment of accrued rentals

BASIC: recovery of personal property, enforcement of a contract, recovery of damages

5. PERSONAL A CTIONS AND R EAL A CTIONS PERSONAL A CTION

shall govern

BASIC: UD, FE, accion publiciana, accion reinvindicatoria, quieting of title, remove a cloud.

4. CIVIL A CTIONS SPECIAL VERSUS PROCEEDINGS [SEE SEC.3, R ULE 1]

R EAL A CTION

rules on

true nature of the action.

b.

-

court or the at the option of the plaintiff

What is important is that the matter in litigation must involve any of the ff. issues: title to, ownership, possession, partition, foreclosure of mortgage, or any interest in real property.

3. MEANING OF CRIMINAL A CTIONS [SEE SEC.3, R ULE 1]

-

filed in the where the any of

e.

specific performance with damages is a personal action as long as it does not involve a claim of or recovery of ownership or of title to real property action for damages to real property action to annul a contract of loan and its accessory real estate mortgage action that seeks to annul the cancellation of the award over a house and lot – because it does not involve an issue of ownership/ possession, but the prayer is to compel the recognition of the validity of a previous award action to compel the mortgagee to accept payment of the mortgage debt and to release the mortgage

6. LOCAL AND TRANSITORY A CTIONS [SEC. 4, R ULE 4]

on

11

LOCAL

TRANSITORY

must be brought in a particular place where the or a portion thereof is located unless there is an agreement to the contrary [i.e real actions]

dependent on the place where the regardless of where the subject cause of action arose [i.e personal actions]

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7. A CTIONS IN R EM, IN PERSONAM IN R EM -

AND

QUASI

Significance of the distinction:

Tests to determine the nature of action: WON capable or incapable of pecuniary estimation [question of jurisdiction] a)

– If the relief demanded is one which may not be granted under the law, it does not characterize or determine the nature of the action. The relief to which the plaintiff is entitled based on the facts alleged by him in his complaint although it is not the relief demanded is what determines the nature of the action. Thus, a prayer for annulment or rescission of the sale does not operate to effect the fundamental and prime objective and nature of the action, which is to recover real property and is thus a real action. The annulment of the sale is only secondary.

b)

– If it is primarily for recovery of a sum of money, it is capable of pecuniary estimation. Where the basic issue is something other than the right to recover a sum of money or is purely incidental to or as a consequence of the principle relief sought like specific performance, action for support or for annulment of contract, it is not capable of pecuniary estimation.

c)

– An action to compel defendant to accept the goods and pay damages, rescission of contract and reimbursement of contract price, and action for specific performance of stipulation in a lease contract such as to maintain the lessee in peaceful possession of the premises were held to be incapable of pecuniary estimation as the amounts to be collected are but a consequence of specific performance which fall under the jurisdiction of the RTC regardless of amount sought to be recovered.

and consequently to determine the type of summons to be employed

IN R EM directed against the thing itself

IN PERSONAM directed the person

against particular

QUASI IN R EM directed against particular persons

jurisdiction over jurisdiction over the jurisdiction over the person of person of the the person of the defendant is defendant is the defendant not required required is not required as long as jurisdiction over res the is acquired a proceeding to an action to impose a proceeding to determine the a responsibility or subject the state or liability upon a interest of a condition of a person directly named thing defendant over a particular property to an obligation or lien burdening it judgment is judgment is binding judgment is binding on the only upon the binding upon whole world parties impleaded particular or their successors persons in interest A real action may at the same time be an action in personam, and NOT NECESSARILY in rem. binding effect

B. C AUSE OF A CTION BASIC: land registration, probate of a will

1. MEANING OF C AUSE OF A CTION

CONTENTIOUS: a. nullity of marriage (note that it is a personal action, but still in rem)

A is the act or omission by which a party violates a right of another . Requisites of a right of action: 1. the existence of a of the Plaintiff 2. a of the defendant to respect plaintiff‘s right; and, 3. an of the defendant in of the plaintiff‘s legal right

BASIC: action for a sum of money, damages, injunction, specific performance CONTENTIOUS: a. action for declaration of nullity of title and recovery of ownership of real property (note that it is a real action) b. auction sale of land for the collection of delinquent taxes c. action for reconveyance

a. b. c. d.

2. R IGHT OF A CTION VERSUS C AUSE OF A CTION

action for partition action for accounting attachment foreclosure of mortgage


An

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a)

b) c)

a) b)

Note: It has been held that the court cannot consider other matters aliunde (outside the pleading). But Riano says that it is NOT a hard and fast rule, in some cases, the court considered the documents attached to the complaint to truly determine the sufficiency of cause of action ( Agrarian Reform v. Nicolas). The reason is that such annexes are considered parts of the complaint ( Sea-Land Service, Inc. v. CA).

The existence of a cause of action defined as the act or omission by which a party violates a right of another The performance of all conditions precedent to the bringing of the action The right to bring and maintain the action must be in the person instituting it

exhaustion of administrative remedies arbitration as a condition precedent for court action  Construction Industry Arbitration Commission (CIAC) – recourse may be availed of whenever the contract contains a clause for the submission of a future controversy to arbitration Rep. Act No. 9285 or Alternative Dispute  Resolution Act of 2004  Barangay Conciliation (Katarungang Pambarangay)

5. SPLITTING A SINGLE C AUSE OF A CTION AND ITS EFFECTS the filing of one or a judgment upon the merits in any one is available as a ground for the dismissal of the others Filing of one [Rule 16, Section 1 (e)] – that there is  another action pending between the same parties for the same cause Judgment upon the merits [Rule 16, Section 1 (f)] –  that the cause of action is barred by a prior judgment -

Article 151, FC – If it is shown that no earnest efforts were in fact made to settle the controversy among members of the same family, the case must be dismissed.

-

3. F AILURE TO STATE A C AUSE OF A CTION

Definition

Basis

STATES NO C AUSE OF A CTIOIN

L ACK OF C AUSE OF A CTION

complaint fails to allege the cause of action, or that not all elements were indicated

may be ruled after the judge has determined the truth and falsity of the allegations and has found the evidence wanting evidentiary matters Usually, : after the plaintiff rested his case BUT in Dabuco v. CA, SC held that it may be raised anytime

Complaint : before a responsive pleading is filed

When raised

4. TEST OF SUFFICIENCY OF A C AUSE OF A CTION

A bank cannot file a civil action against the debtor for the collection of the debt and then subsequently file an action to foreclose the mortgage = splitting a single cause of action.



WON admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint



13

same evidence test same defenses test cause of action in the 2 nd case existed at the time of the filing of the 1 st complaint

: car collision violates both personal right (to be safe in the person of the car owner) and property right (over the car). Filing an action to recover damages to his person and later for damages to his car would be splitting a single cause of action. IF HOWEVER, a passenger in the same car was also injured, said passenger has a cause of action separate and distinct from those of the car owner. He may sue separately.



Test of Sufficiency of CoA


a. b. c.

A party cannot split a single cause of action into parts and sue on each part separately. A single act may sometimes violate several rights of a person. Nevertheless, the plaintiff has only one cause of action regardless of the number of rights violated.

One tort = one cause of action [regardless of how many damages to one person] One delict violating rights of different persons = several causes arise on behalf of such persons Two culpable transgressions on the property rights of another i.e. 1) ruination of the agricultural fertility or Civ Pro -Eleazar

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



utility of the soil of the property and 2) unauthorized use of said property as a dumpsite or depot = liable to pay damages for both the reasonable value of the use of the land and the occupation of the premises Separate tortuous acts resulting in different injuries = separate causes of action One injury from several wrongful acts = One cause of action

-

When a party sues 2 or more defendants, it is necessary for the cause of action to arise out of the same transaction or series of transactions and that there should be a question of law or fact common to them. o C is creditor of D and E, both debts have been contracted separately. Joinder is not allowed. o P is a passenger in a bus owned by O and driven by D. Joinder is allowed, obligation arose out of same accident.

-

Special civil actions CANNOT be joined with ordinary civil actions because of possible confusion in the application of procedural rules.

-

The ff. are permitted: o ejectment + money claims o payment of loan + damages from QD + foreclosure

6. JOINDER AND MISJOINDER OF C AUSES OF A CTION – a party may in one pleading assert in the alternative or otherwise as many causes of action as he may have against an opposing party subject to the following conditions: a)

the part 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 RTC 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

Note: The absence of unity of problems is no longer a bar to joinder of causes of action. The present rule removed the restriction of venue, jurisdiction, and causes of action arising from money, the same nature or character or similar transactions.

C. P ARTIES TO CIVIL A CTIONS 2 main parties: a.

b.

of action are: the rules on joinder of parties which requires that a. the claims arise from the same or series of transactions, and b. there is a common question of law or fact; b) it must not be cognizable by different tribunals; and, c) joinder of ordinary and special civil actions. a)

– the claiming party, may also apply to a defendant who files a counterclaim, cross-claim or a 3rd party complaint – the defending party, may also apply to a plaintiff in a counterclaim, cross-claim or a 3 rd party complaint

The ff. may be parties to a civil action: a. natural persons b. juridical persons c. entities authorized by law

a. b.

-

This question is only relevant when there are multiple plaintiffs or multiple defendants.

-

– erroneously joined causes of action. It is NOT a ground for dismissal ( Sec. 6 Rule 2 ) but will result in the severance of the separate causes of action, upon motion or court‘s own initiative.

– MTD on the ground that the plaintiff has no legal capacity to sue – MTD on the ground that the pleading asserting the claim fails to state a cause of action, because a complaint cannot possibly state a cause of action against one who cannot be party to a civil action

Joinder of causes of action is NOT MANDATORY, merely PERMISSIVE. It follows the for purposes of jurisdiction.


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1. R EAL P ARTIES IN INTEREST; INDISPENSABLE P ARTIES; R EPRESENTATIVE AS P ARTIES; NECESSARY P ARTIES; INDIGENT P ARTIES; A LTERNATIVE DEFENDANTS

o

o

A. o

o

o

o

the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. not the same as locus standi , because of its constitutional underpinnings is very different from the private suits concept of real party in interest concepts to apply: relativity of contracts, stipulations pour autrui, accion pauliana, agency ground for dismissal:

INDISPENSABLE

NECESSARY

WON mandatory

MANDATORY - must be joined at all conditions

WON final decree can be had in his absence

NO

NOT MANDATORY should be joined whenever possible YES, because his interests are separable from the interest litigated in the case State why such party is omitted

Remedy in case of absence

Plaintiff to implead at any stage

D. o

B. o

o o

o

o

o

a real party in interest without whom no final determination can be had of an action. The joinder of indispensable parties is MANDATORY. decision is VOID indispensable party may be impleaded at any stage of the action. Burden is on the plaintiff. when the order of the court to implead an indispensable party goes unheeded, case may be dismissed. in a obl, the interest of 1 debtor is separate and distinct from that of his codebtors and a suit against 1 debtor does NOT make the other an indispensable party. solidarity does NOT make a obligor an indispensable party in a suit against another solidary debtor because relief may be had even against any one of the solidary debtors.

o

o

one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. the application and hearing to litigate as an indigent litigant is made ex parte exemption from docket fees, other lawful fees and transcripts of stenographic notes (but not expenses for summons), however, such amounts shall be lien on the judgment rendered in case favorable to the indigent

E. o

someone acting in a fiduciary capacity like a trustee, guardian, executor or administrator, or a party authorized by law or by the Rules.

F. o

B bought a car from S on installment with a chattle mortgage. B later sold the car to D who agreed to pay for the remaining monthly installments. D failed to pay. May S sue D alone in the foreclosure suit or replevin? B is an indispensable party, UNLESS the obligation of B to S was assigned to D with the consent of S thereby novating the obligation by a change of debtor.

where the plaintiff cannot definitely identify who among 2 or more persons should be impleaded as a defendant, he may join all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other.

2. COMPULSORY AND PERMISSIVE JOINDER OF P ARTIES – in cases of indispensable parties

– all others

A transferee of a property pendente lite is NOT an indispensable party, as it would in any event be bound by the judgment against his predecessor.


one who is not an indispensable party but who ought to be joined if complete relief is to be accorded. joint debtors

-

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Requisites for Permissive Joinder: a) the right to relief arises out of the same transaction or series of transactions; b) there is a question of law or fact common to all Civ Pro -Eleazar

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controversy is of common or general interest to many persons, and (b) those persons are so numerous as to make it impractical to bring them all before the court to join them all as parties. On the other hand, if there are many persons who have distinct, separate rights against the same party or group parties, but those rights arise from the same transaction or series of transactions and there are common questions of fact or law resulting therefrom the former may join as plaintiffs in one action against the same defendants.

the plaintiffs or defendants; and such joinder is not otherwise proscribed by the provisions of the Rules on jurisdiction and venue Pantranco North Express v. Standard Insurance )

3. MISJOINDER AND NON-JOINDER OF P ARTIES – when he is made a party to the action although he should not be impleaded

5. SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY

– when he is supposed to be joined but is not impleaded in the action

Even of neither misjoinder nor non-joinder is a ground for dismissal of the action, the the order of the court to drop or add a party is a ground for the dismissal of the complaint under (Sec.3 Rule 17).

Sec. 15, Rule 3 (Parties to Civil Action)* Entity without juridical personality as defendant . When two or more persons not organized as an entity with juridical personality enter into a transaction, they may be . In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed.

4. CLASS SUIT – an action where one or more may sue for the benefit of all, if the ff. concur: a. b. c.

d.

* Note: this rule only applies to Sec. 8, Rule 14 (Summons)

of the controversy must be or general interest to many persons that it is impracticable to join all as parties actually before the court are sufficiently numerous and concerned representatives sue or defend for the

. Service upon entity without juridical personality . When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known, may be effected

. But such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was brought.

It is not a common question of law that sustains a class suit but a of the controversy.

Sec. 6, Rule 36 (Judgments, Final Orders and Entry thereof)

There is NO CLASS SUIT in an action filed 400 residents initiated through the mayor to recover damages sustained due to their exposure to toxic wastes because each of the plaintiffs has a separate and distinct injury not shared by other members of the class. Each supposed plaintiff has to prove his own injury. There is no common or general interest in the injuries allegedly suffered.

. Judgment against entity without juridical personality . When judgment is rendered against two or more persons sued as an entity without juridical personality, the .

subject matter — injuries

6. EFFECT OF DEATH OF P ARTY LITIGANT a. b.

NO CLASS SUIT by a corporation to recover property of its members in their personal capacities.

A class suit shall not be dismissed or compromised without the approval of the court. In Adm. Matter No. 88-1646, the SC took occasion to distinguish the rules on permissive joinder of parties and class suit. What is contemplated in a class suit is that (a) the subject matter in Bayona/Cadorna/Dolot

c.

16

extinguishes the attorney-client relationship within 30 days after such death, it is the duty of party to inform the court; failure to do so is a ground for disciplinary action court shall determine ; if the claim survives, there shall be substitution of parties ( , instead: court Civ Pro -Eleazar

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d.

5. W HEN THE R ULES ON V ENUE DO NOT A PPLY

shall order the legal representative of the deceased to appear and be substituted for said deceased within 30 days from notice) it is possible that the court may order the opposing party to procure the appointment of an executor or administrator for the estate of the deceased in the ff. situations: i. counsel for the deceased does not name a legal representative ii. there is a representative name but he fails to appear [Sec. 16, Rule 3]

Sec. 4, Rule IV (Venue) . When Rule not applicable. This Rule shall not apply. a) b)

D. V ENUE

In those cases where a specific rule or law provides otherwise; or Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof.

6. EFFECTS OF STIPULATIONS ON V ENUE

1. V ENUE VERSUS JURISDICTION [SUPRA ] 2. V ENUE OF R EAL A CTIONS Sec. 1 Rule IV (Venue) Venue of real actions Actions affecting , or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the involved, or a portion thereof, is shall be commenced and tried in the of the municipality or city wherein the involved, or a portion thereof, is

1.

the agreement on venue shall, in the first instance, be normally considered as merely

2.

to be restrictive, the or terminology employed in the stipulation must be and admit of no contrary or doubtful interpretation in case of , the venue provision shall be deemed to be ; in in that provision which reasonably admits of more than one meaning, the construction should be adopted which most conduces to the [J. Regalado‘s

3. 4.

Separate opinion in Unimasters Conglomeration Inc]

3. V ENUE OF PERSONAL A CTIONS

E. UNIFORMITY OF R ULES

Sec. 2, Rule IV (Venue)

Sec. 1, Rule V (Uniform Procedure in Trial Courts)

Venue of personal actions All other actions may be commenced and tried where the , or where the defendant or any of the principal defendants resides, or in the case of a where he may be found , at the election of the plaintiff.

Uniform procedure. — The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure.

4. V ENUE OF A CTIONS AGAINST NONRESIDENTS

F. PLEADINGS

Sec. 3, Rule IV (Venue)

These are written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Venue of actions against nonresidents. — If any of the and is not found in the Philippines, the action affects the personal status of the plaintiff , OR any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the , or where the or any portion thereof is or found.


All pleadings shall be so as to do substantial justice – the intention of the pleader is the controlling factor in construing a pleading and should be read in accordance with its substance, not its form. BUT, it is also a rule that a party is strictly bound by the allegations, statements or admissions made in his pleadings and .

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c.

: complaint, answer, counterclaim, crossclaim, third (fourth, etc.)-party complaint, complaint-inintervention and reply

ii.

pleading of plaintiff

iii.

b) A NSWER -

pleading of defendant

i.

PERMISSIVE COUNTERCLAIMS

counterclaim need not arise from same transaction

1. K INDS OF PLEADINGS a) COMPLAINT -

the court has jurisdiction to entertain the claim both as to its amount and nature, except that in an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount.

NEGATIVE DEFENSES specific denial of the material fact or facts alleged in the pleading of the claimant essential to

EFFECT ON THE COUNTERCLAIM WHEN THE COMPLAINT IS DISMISSED

Sec. 2, Rule 17 (Dismissal of Actions) Dismissal upon motion of plaintiff . — xxx If a

his cause or causes of action

ii.

NEGATIVE PREGNANT form of negative expression which carries with it an affirmation or at least an implication of some kind favorable to the adverse party . It is a of the substantial facts alleged in the pleading. Where a fact is alleged with qualifying or modifying language and the words of the allegation as so qualified or modified are literally denied, has been held that the qualifying circumstances alone are denied while the fact itself is admitted. (Republic v. Sandiganbayan)

iii.

A FFIRMATIVE DEFENSES

. The dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action. xxx . Dismissal due to fault of plaintiff . — If, for no justifiable cause, the plaintiff fails to appear xxx the complaint may be dismissed upon motion of the defendant or upon the court's own motion, in the same or in a separate action. xxx

d) CROSS-CLAIMS - Claim against a co-party

allegation of a new matter

May a plaintiff file a cross-claim against his coplaintiff?

which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him [i.e raud, rescription, elease, ayment, llegality, tatute of frauds, stoppel, ormer recovery, ischarge in bankruptcy, and any other matter by way of confession and avoidance]

Yes, the rules simply refer to a party against a co-party.

May a third-party defendant file a crossclaim against the plaintiff? Yes, under sec. 13, rule 6, ―in proper cases, he (third party defendant) may also assert a counterclaim against the original plaintiff in respect of the l atter‘s claim against the third-party plaintiff.

c) COUNTERCLAIMS i. COMPULSORY COUNTERCLAIMS

e) THIRD (FOURTH, ETC) P ARTY COMPLAINTS

: a.

b.

it arises out of or is with the transaction or occurrence which is the subject matter of the opposing party‘s claim; it does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction; and


a) b)

18

that the party to be impleaded must not yet be a party to the action; that the claim against the 3rd party defendant must belong to the original defendant; Civ Pro -Eleazar

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d)

the claim of the original defendant against the 3rd party defendant must be based upon the plaintiff‘s claim against the original defendant; and, the defendant is attempting to transfer to the 3rd party defendant the liability asserted against him by the original plaintiff [ Philtranco Servic v. Paras]

counterclaim, cross-claim, third-party complaint, reply and intervention

3. P ARTS OF A PLEADING a) C APTION

f) COMPLAINT -IN-INTERVENTION a) b)

(1) name of court, (2) title of action, and (3) docket number if assigned

: the movant has a legal interest in the matter in litigation, and intervention must not unduly delay or prejudice the adjudication of the rights of the parties nor should the claim of the intervenor be capable of being properly decided in a separate proceeding. (Mabayo Farms, Inc. v. CA)

The contains the names of the parties, indicating whether they are plaintiffs or defendants. In the original complaint, ALL must be named but in subsequent pleadings, it is sufficient to just name the first party.

b) SIGNATURE AND A DDRESS

The interest, which entitles a person to intervene in a suit, must involve the matter in li tigation and of such direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment. (Garcia v. David)

-

c) R EPLY

such pleading produces NO LEGAL EFFECT. The court, however, may allow the pleader to sign the same if it was merely due to inadvertence and not to delay the proceedings.

Sec. 10, Rule VI (Pleadings) Sec. 10. Reply . — A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party , all the in the answer are .

c) V ERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING – by an affidavit declaring that (1) the affiant has read the pleading, and (2) the allegations therein are true and correct of his personal knowledge or based on authentic records.

2. PLEADINGS A LLOWED IN SMALL CLAIM C ASES AND C ASES COVERED BY THE R ULES ON SUMMARY PROCEDURE

Allowed pleadings

Prohibited Pleadings

SUMMARY PROCEDURE

SMALL CLAIMS

complaint, compulsory counterclaim pleaded in the answer, crossclaim pleaded in the answer and answers thereto

accomplished and verified Statement of Claim (initiatory pleading), accomplished and verified Response (equivalent to an answer) third-party complaint, reply and pleading-inintervention

permissive counterclaim, thirdparty complaint, reply and pleading-inintervention



Lack of proper verification = unsigned pleading = produces no legal effect



– not proper verification 

The absence of a verification may be corrected by requiring an oath, if the attending circumstances are such that a strict compliance with the rule may be dispensed with to serve the ends of justice.

i.

R EQUIREMENTS OF A CORPORATION EXECUTING THE VERIFICATION/ CERTIFICATION OF NON-FORUM SHOPPING

Any claim which the defendant has against the plaintiff shall be filed as a counterclaim in the Response where the counterclaim is . The defendant may however, elect to file a counterclaim provided that its amount and nature are covered by Rule for Small Claims Cases. Bayona/Cadorna/Dolot

by plaintiff or counsel, stating in either case his address to the court of a change of address >> last address of the counsel of record.

– a sworn statement in which the plaintiff or principal party certifies in a COMPLAINT OR INITIATORY PLEADING the ff. matters:

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III. Civil Procedure (1) that he has not commence any action filed any claim 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; (2) that of there is such other pending action or claim, a complete statement of the present status thereof; and (3) that if he should therefore learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

action or defense (also with reasonable and justifiable reasons for non-signing) dishonesty attended the signing of certification (i.e. forgery) The certification applies to the complaint and other initiatory pleadings, i.e. permissive counterclaim, crossclaim, third (fourth, etc)-party complaint, complaint-inintervention, petition or any application in which a party asserts his claim for relief.

The certification is MANDATORY but not jurisdictional since jurisdiction over the subject of the action is conferred by law. :

(1) identity of , or at least such parties as represent the same interests in both actions (2) identity of asserted and prayed for, the relief being founded on the same facts (3) identity of the 2 preceding particulars such that any judgment rendered in the pending case, regardless of which party is successful would amount to

NOT curable by mere amendment and shall be a cause for the dismissal of the action ( Sec.5 Rule 7) substantial compliance, or presence of special circumstances or compelling reasons ( Vda. De Formoso v. PNB) When dismissed (not appealable): without prejudice to the refiling of the complaint order of dismissal otherwise provides

(1) filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved yet (where the ground for dismissal is litis pendentia) (2) filing multiple cases based on the same cause of action and the same prayer, the previous case having been finally resolved (where the ground for dismissal is res judicata) (3) filing multiple cases based on the same cause of action, but with different prayers (splitting of cause of action, where the ground for dismissal is also either litis pendentia or res judicata)

WILLFUL AND DELIBERATE FORUM SHOPPING ground summary dismissal

whether the elements of litis pendentia ( identity of arties, rights or auses of action, and eliefs sought) are present or whether a final judgment in one case will amount to res judicata in another.

It is the plaintiff who executes the certification, not the attorney. It is the petitioner and not the counsel who is in the best position to know WON he actually filed or caused the filing of a petition.

FALSE CERTICATION

ground for summary dismissal

---

with prejudice

Without prejudice

--

direct contempt

indirect contempt

administrative sanctions

for

NOT WILLFUL AND DELIBERATE

--

indirect contempt administrative & criminal actions

d) EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING

A certification signed by counsel is a defective certification and is a valid cause for dismissal. SPA (with reasonable and justifiable reasons for non-signing)

It constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay.

In case of multiple plaintiffs: Counsel may delegate the signing of a pleading to another lawyer but cannot do so in favor of one who is not. Such is reserved to the members of the legal profession.

all must sign only 1 signature is sufficient IF all plaintiffs share a common interest and invoke a common cause of Bayona/Cadorna/Dolot

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III. Civil Procedure Whenever an actionable document is the basis of a pleading, pleader should:

4. A LLEGATIONS IN A PLEADING

a.

– facts essential to a party‘s cause of action or defense, such exclude evidentiary facts. They are the principal, determinate, constitutive facts, upon the existence of which, the entire cause of action rests. 

b.

A pleading must only aver ultimate facts, not conclusions.

To contest an actionable document:

The pleading shall specify the relief sought although the statement may include a general prayer for such further or other relief as may be deemed just or equitable. The inclusion of a general prayer may justify the grant of a remedy different from or together with the specific remedy sought, if the facts alleged in the complaint and the evidence introduced so warrant.

a.

b.

: matters which must be complied with before a cause of action arises, examples: tender of payment (consignation) exhaustion of administrative remedies baranggay conciliation proceedings earnest effort toward a compromise (family members) arbitration ground for MTD

1. 2. 3.

forgery lack of authority that the document was not in words and figures set out in the pleadings

The ff. defenses are NOT inconsistent with the admission of genuineness and due execution of the instrument: 1. 2. 3. 4. 5.

FRAUD, MISTAKE, M ALICE, INTENT, K NOWLEDGE AND OTHER CONDITION OF THE MIND, JUDGMENTS, OFFICIAL DOCUMENTS OR A CTS

payment or non-payment want of consideration illegality of consideration usury fraud

The ff. defenses have NO direct relationship to the concepts of genuineness and due execution:

– must be stated with particularity

– may be averred generally (reason: inherent difficulty in stating the particulars of such)

b) PLEADING AN A CTIONABLE DOCUMENT

1. 2. 3. 4. 5. 6.

prescription release waiver statute of frauds estoppel former recovery or discharge in bankruptcy

a.

when the adverse party does not appear to be a party to the instrument, or when compliance with an order an inspection of the original document is refused

b.

– document relied upon by either the plaintiff or the defendant.


specific denial on the genuineness and due execution of the document (verified); and set forth what he claims to be the facts

— implied admission of the due execution and genuineness of the document

a) M ANNER OF M AKING A LLEGATIONS i. CONDITION PRECEDENT

ii.

set forth in the pleading the substance of the instrument or the document, and to attach the original or the copy of the document to the pleading as an exhibit and which shall form part of the pleading; OR with like effect, to set forth in the pleading said copy of the instrument or document

if a son is sued as a substitute party under a document signed by his deceased father, a specific denial is sufficient without the same being under oath because the son is not a party to the document.

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III. Civil Procedure c) SPECIFIC DENIALS

ii.

to make the party disclose the matters alleged in the complaint which he succinctly intends to disprove at the trial, together with the matter which he relied upon to support the denial. The parties are compelled to lay their cards on the table.

a. b.

W HEN A SPECIFIC DENIAL R EQUIRES AN O ATH denial of an actionable document denial of allegations of usury in a complaint to recover usurious interest

NOT every allegation of usury requires a specific denial under oath, it has to be (a) allegations in a complaint (not in the answer); and (b) complaint is filed to recover usurious interest. (Rule 8 Sec. 11)

specifies each material allegation of fact, the truth of which he does not admit and, whenever practicable, sets forth the substance of the matters upon which he relies to support his denial. as opposed to a , an example of which is: ―defendant specifically denies all the material allegations of the complaint‖

5. EFFECT OF F AILURE TO PLEAD The rule refers to a defending party, which means that it is not only a defendant who fails to answer who may be declared in default.

does not make a total d enial of the material allegations in a specific paragraph, denies only a part of the averment. No because ―an answer earlie r filed may serve as the answer to the amended complaint if no new answer is filed.‖

where the defendant alleges that he is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint, this must be made sincerely and in good faith when such matters are plainly and necessarily within the defendant‘s knowledge, a claim of ignorance or lack of information will NOT be considered as a specific denial.

i.

As a rule, an answer to a counterclaim or cross-claim is required and failure to answer is a ground for default. However, a counterclaim need not be answered where the answer would be a repetition of the allegations in the complaint (Navarro v. Bello, 102 Phil. 1019 (1958) or where the issues raised in the counterclaim are inseparable from those posed in the complaint. (Sarmiento v. Juan, 120 SCRA 403) Thus, a plaintiff who fails or chooses not to answer a compulsory counterclaim may not be declared in default, principally because the issues raised in the counterclaim are deemed automatically joined by the allegations in the complaint. (Gojo v. Goyala, 35 SCRA 557)

EFFECT OF F AILURE TO M AKE SPECIFIC DENIALS

deemed admitted not deemed admitted: a. unliquidated damages b. conclusions in a pleading c. non-material averments > only ultimate facts need to be alleged in a pleading and only material allegations have to be denied

No, the answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed. (Rule 11, Sec. 7, 2 nd sentence)

If the allegations are deemed admitted, there is no more triable issue between the parties and if the admissions appear in the answer of the defendant, the plaintiff may file a motion for judgment on the pleadings under Rule 34.

a. b.

a) F AILURE TO PLEAD DEFENSES AND OBJECTIONS deemed waived (Sec. 1, Rule 9 ) Ct shall dismiss the claim: 1. no jurisdiction over the subject matter 2. litis pendentia 3. res judicata 4. prescription 5. laches

by showing that the admission was made through palpable mistake; OR that no such admission was made

Where a defendant relied solely on , and submitted the case for decision on that i ssue, he is deemed Bayona/Cadorna/Dolot

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III. Civil Procedure to have admitted all the material allegations in the complaint (Machinery and Engineering v. Quintana) . This principle does not apply where other affirmative defenses are invoked.

Even if there is failure to raise the affirmative defense of in a MTD or in an appropriate pleading, and an amendment would no longer be feasible, still prescription, is may be favorable considered.

the accident occurred in 1970, complaint for damages based on QD was filed in 1975. Prescription was raised for the first time on an MR. SC held that where the answer does not take issue with the complaint as to dates involved in the defendant‘s claim of prescription as a defense, prescription is not deemed waived UNLESS such defense raised issues of fact not appearing upon the preceding pleading (Ferrer v. Ericta [1978] citing Chua Lam Ko v. Dioso).

Sec. 1, Rule 9 covers situations where a defense or objection is not raised in an MTD or an answer. It does not apply where the defenses are raised in the answer but not included in the pre-trial order. The non-inclusion of the defense of prescription in the barred its consideration during the trial ( – Villanueva v. CA [2004]).

a. b.

If the court has jurisdiction to entertain the same Does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction

When a pleader fails to set up a counterclaim or a crossclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment (Sec. 6, Rule 11). if , party is precluded and estoppel may be successfully invoked (Huerta Alba Resort v. CA [2000]).

The because they are incompatible remedies. Defending party must choose only 1. If he decides to file MTD, he will lose his compulsory counterclaim. BUT if he opts to set up his compulsory counterclaim, he may still plead his ground for dismissal as an affirmative defense in his answer ( Financial Building Corp. v. Forbes Park Assoc. [2000]).

YES. [Sec. 1, Rule 9; Sec. 4 of Revised Rules on Summary Procedure]

b) F AILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND CROSS-CLAIM to avoid multiplicity of suits and to dispose of the whole matter in controversy in one action

6. DEFAULT

Sec. 9 & 10, Rule XI (When to file responsive pleadings)

Default occurs when the defending party fails to file his answer within the reglementary period. It does NOT occur from the failure of the defendant to attend either the pretrial or trial.

Counterclaim or cross-claim arising after answer . — A counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment.

A declaration or order of default is issued as a punishment for unnecessary delay in joining issues ( Vlason Enterprises Corporation v. CA)

Omitted counterclaim or cross-claim. — When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.

The court has no authority to motu propio declare the defendant in default.

1. 2.

The plaintiff may still set up a counterclaim by amending the complaint as a matter of right or at any time before a responsive pleading is served. Bayona/Cadorna/Dolot

A compulsory counterclaim cannot be made the subject of a separate action but should be asserted in the same suit involving the same transaction or occurrence giving rise to it. Where the counterclaim is made a subject of a separate suit, it may be abated upon a plea of auter action pendant or lities pendentia and / or dismissed on the ground of res judicata. This is because a compulsory counterclaim is to the proceedings the original suit and derives its jurisdictional support therefrom.

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Motion to declare the defending party in default filed by the claiming party; Summons validly and previously served upon him;

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III. Civil Procedure 5. EFFECT OF P ARTIAL DEFAULT 6. EXTENT OF R ELIEF

3.

Defending party must have failed to file his answer within the reglementary period or within the period fixed by the court; 4. Proof of failure to file the answer; 5. Notification to the defending party of the motion to declare him in default; and 6. Hearing for the motion to declare the defendant in default * The required hearing of the motion is mandated by Rule 15, Sec. 4

Sec. 3, Rule IX (Effect of Failure to Plead) Effect of partial default. — When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall thus filed and render judgment upon the evidence presented. (4a, R18).

a) W HEN A DECLARATION OF DEFAULT IS PROPER 1.

2.

(d) Extent of relief to be awarded . — A judgment rendered against a party in default or be different in kind from that nor award unliquidated damages. (e) Where no defaults allowed. — If the defending party in an

The court has validly acquired jurisdiction over the person of the defendant either by service of summons or voluntary appearance; The defendant failed to file the answer within the time allowed therefor; and A motion to declare the defendant in default has been filed by the claiming party with notice to the defendant.

, the court shall order the prosecuting attorney to investigate whether or not a collusion between the parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence submitted is not fabricated.

b) EFFECT OF AN ORDER OF DEFAULT A declaration of default is not an admission of the truth/validity of the plaintiff’s claims (Monarch Insurance v. CA) 1. The party declared in default loses his standing in court, which prevents him from taking part in the trial. 2. he is still entitled to notices of subsequent proceedings. 3. He may participate not as a party but as a witness.

7. A CTIONS WHERE DEFAULT ARE NOT A LLOWED 1. Annulment of Marriage; 2. Declaration of Nullity of Marriage; and 3. Legal Separation

1. Small Claims Cases 2. Environmental Cases 3. Writ of Amparo 4. Writ of Habeas Data 5. Cases falling under the Rules on Summary Procedure

4. R ELIEF FROM AN ORDER OF DEFAULT Sec. 3, Rule IX (Effect of Failure to Plead) Relief from order of default. - A party declared in default may at any time after notice thereof and before judgment file a motion under oath to set aside the order of default upon proper showing that his failure to answer was due to fraud, accident, mistake or excusable negligence and that he has a meritorious defense. In such case, the order of default may be set aside on such terms and conditions as the judge may impose in the interest of justice. a. b. c.

1.

2.

Require the claimant to submit his evidence ex parte. * This is a matter of judicial discretion

File motion UNDER OATH any time after notice and before judgment Failure to answer due to FAME Meritorious defense


Proceed to render judgment granting the claimant such relief as his pleading may warrant;

1.

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After notice of order and before judgment i. File a motion under oath to set aside the order of default and properly show that (a) the failure to answer was due to fraud, accident, mistake, or

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2.

3.

excusable negligence; and that (b) he has a meritorious defense. After judgment and before judgment becomes final and executory i. File a motion for new trial under Rule 37; OR file an appeal from the judgment as being contrary to the evidence or law. After judgment becomes final and executor i. File a petition for relief from judgment under Rule 38.

* However, where the defendant has been wrongly or improvidently declared in default, the court can be considered to have acted with GAD, which is correctible by a petition for certiorari.

1.

2.

is the act of providing a party with a copy of the pleading or paper concerned. (Rule 13, Sec. 2)

Sec. 8, Rule 13 If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his counsel being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail. The service is complete at the time of such delivery. (Substituted Service of Pleadings)

Sec. 7, Rule 14 If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant’s residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant’s office or regular place of business with some competent person in charge thereof . (Substituted Service of Summons)

If a disobedient party refuses to obey an order requiring him to comply with the various modes of discovery (Rule 29, Sec. 3(c)) If a party or officer or managing agent of a party wilfully fails to appear before the officee who is to take his deposition, or a party fails to serve answers to interrogatories (Rule 29, Sec. 5)

c) PERIODS OF FILING OF PLEADINGS

7. FILING AND SERVICE OF PLEADINGS a. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Judgments; Resolutions; Orders; Pleadings subsequent to the complaint; Written motions; Notices; Appearances; Demands; Offers of judgment; and Similar papers

b.

c.

Answer to a complaint, within 15 days after service of summons unless a different period is fixed by the court. (Rule 11, Sec. 1) Answer to an amended complaint when the amendment is made as a matter of right, within 15 days after being served with a copy thereof. (Rule 11, Sec. 3) Answer to a third (fourth, etc.)-party complaint, within 15 days after service of summons, unless a different period is fixed by the court. (Rule 11, Sec. 5) :

a) P AYMENT OF DOCKET FEES a.

Sec. 1, Rule 141 Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full, unless a staggered basis of payment is allowed by the Rules. xxx

b.

b) FILING VERSUS SERVICE OF PLEADINGS c. is the act of presenting the pleading or other papers to the clerk of court. (Rule 13, Sec. 2) Bayona/Cadorna/Dolot

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In cases covered by the Rules on Summary Procedure, defendant shall within 10 days from service of summons file his answer to the complaint. (Sec. 5, Rules on Summary Procedure) Answer to an amended complaint when the amendment is not a matter of right, within 10 days from notice of the order of admitting the same. (Rule 11, Sec. 3, 2 nd paragraph) Answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)-party complaint, and amended complaint-in-intervention, within 10 days Civ Pro -Eleazar

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d.

e.

f.

a) PERSONAL SERVICE

from notice of the order of admitting the same. (Rule 11, Sec. 3, 3 rd paragraph) Answer to a counterclaim or cross-claim must be answered within 10 days from service. (Rule 11, Sec. 4) A reply may be filed within 10 days from service of the pleading responded to. (Rule 11, Sec. 6) A supplemental complaint may be answered within 10 days from notice of the order admitting the same. (Rule 11, Sec. 7)

Sec. 6, Rule 13 Personal service. — Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion then residing therein.

a.

Where the defendant is a foreign private juridical entity and service of summons is made on the government official designated by law to receive the same, the answer shall be filed within 30 days after receipt of summons by such entity. (Rule 11, Sec. 2) b. Where the defendant is served summons by publication under Sec. 15, Rule 14. Any order granting such leave shall specify a reasonable time which shall not be less than 60 days after notice within which the defendant must answer.

b) SERVICE BY M AIL Sec. 7, Rule 13 . Service by mail. — Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail 

d) M ANNER OF FILING Filing is the act of presenting the pleading or other paper to the clerk of court. (Rule 13, Sec. 2) 1.

2.



By presenting the original copy of the pleading, notice, appearance, motion, order or judgment personally to the clerk of court; OR By registered mail.





e) MODES OF SERVICE 1. Personally 2. By Mail * If either modes can’t be done, service shall be made via substituted service

The preferred service is by registered mail, and service by ordinary mail may only be done if no registry is available in the locality of either the sender or the addressee. Service via registered mail is proved by registry receipt issued by the mailing office and an affidavit of the person mailing of facts showing compliance. Service by registered mail is complete upon actual receipt by the addressee, or after 5 days from the date he received the first notice of the postmaster , whichever is earlier. Service by ordinary mail is complete upon expiration of 10 days after mailing, unless the court otherwise provides.

c) SUBSTITUTED SERVICE Sec. 8, Rule 13

1.

If a party has not appeared by counsel, then service must be made upon him 2. If a party has appeared by counsel, then service upon said party shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. This is because when a party is represented by counsel, notices of all kinds must be served on said counsel, and notice to him is notice to the client . *Service to the parties themselves is not considered service upon their counsel.


Substituted service. — If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections, the office and place of residence of the party or his counsel being unknown, service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail. The service is complete at the time of such delivery. 



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This mode is availed of only when there is failure to effect service personally or by mail. Substituted service of pleadings, motions, notices, resolutions, orders and other papers should be distinguished from substituted service of summons. Civ Pro -Eleazar

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III. Civil Procedure a) PROOF OF FILING AND SERVICE d) SERVICE OF JUDGMENTS, FINAL ORDERS OR R ESOLUTIONS

Sec. 12 &13, Rule 13 Proof of filing. — The filing of a pleading or paper shall be proved by its existence in the record of the case. If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by the written or stamped acknowledgment of its filing by the clerk of court on a copy of the same; if filed by registered mail, by the registry receipt and by the affidavit of the person who did the mailing, containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if not delivered. (n)

Sec. 9, Rule 13 Service of judgments, final orders, or resolutions. — Judgments, final orders or resolutions shall be served either personally or by registered mail. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party.

e) PRIORITIES IN MODES OF SERVICE AND FILING Sec. 11, Rule 13 Priorities in modes of service and filing . — Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule may be cause to consider the paper as not filed *gives the court the discretion to consider a pleading or paper as not filed if the other modes of service or filing were not resorted to and no written explanation was made as to why personal service was not done in the first place. The exercise of discretion must necessarily consider the practicability of personal service, for Section 11 itself begins with the clause “whenever practicable.” If the offices of opposing counsel are separated by a considerable distance (In this case, Visayas and Luzon), personal service of pleadings and motions by one upon the other is clearly not practicable and a written explanation as to why personal service was not done would only be superfluous. [ ]

Proof of Service. — Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the d ate, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee.

11. A MENDMENT a) A MENDMENT AS A MATTER OF R IGHT Sec. 12 Rule 10 Amendments as a matter of right. – A party may amend his pleading once as a matter of right at any time before a responsive pleading is served or, in the case of a reply, at any time within 10 days after it is served.



f) W HEN SERVICE IS DEEMED COMPLETE 

1.

2.

: upon actual Delivery expiration of ten (10) days after mailing, unless the court otherwise provides. 

3.

actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever date is earlier


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This section refers to an amendment made before the trial court and not before the Court of Appeals, which is vested with discretion to admit or deny amended petitions filed before it. *The right to amend a pleading as a matter of right may be exercised ONLY ONCE. Hence, even if no responsive pleading has yet been served, if the amendment is subsequent to a previous one made as a matter of right, the subsequent one must be with leave of court. The court would be in error if it refuses to admit an amended pleading made as a matter of right. This is correctible by mandamus.

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III. Civil Procedure b) A MENDMENTS BY LEAVE OF COURT This can be availed of if an amendment has to be made after service of a responsive pleading, especially when said amendment is substantial.

: The rule that a plaintiff may not amend his cause of action for purpose of vesting the court with jurisdiction which it does not have under the original complaint, only applies if a responsive pleading had already been filed and therefore, leave of court is required. Before the filing of a responsive pleading, the plaintiff may amend his pleading as a matter of course without leave of court, and this is true even if a motion to dismiss has been filed, because the latter is not a responsive pleading.

Sec. 3, Rule 10 : Amendments by leave of court. – Except as provided in the next preceding Section, substantial amendments may be made only upon leave of court. But such leave may be refused if it appears to the court that the motion was made with intent to delay. Orders of the court upon the matters provided in this Section shall be made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard.

: A fair reading of jurisprudence recognizes the right of pleader to amend his complaint before a responsive pleading is served even if its effect is to correct a jurisdictional defect. The argument that the court cannot allow such type of amendment since the court must first possess jurisdiction over the subject matter of the complaint before it can act on any amendment has no application upon an amendment that is made as a matter of right.

c) FORMAL A MENDMENT Sec. 4, Rule 10 : Formal amendments. – A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of the action, at its initiative or on motion, prpvided no prejudice is caused thereby to the adverse party

an amendment of a complaint to correct a jurisdictional error cannot be validly done after a responsive pleading is served, because this time, a leave of court would be required, which would involve the exercise of sound judicial discretion. The exercise of this discretion requires the performance of a positive act by the court. If it grants the amendment, it would be acting on a complaint over which it has no jurisdiction.

d) A MENDMENTS TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE

Sec. 5, Rule 10 A complaint whose cause of action has not yet accrued cannot be cured or remedied by an amended or supplemental pleading alleging the existence or accrual of a cause of action while the case is pending. The curing effect under Sec. 5, Rule 10 is applicable only if a cause of action in fact exists at the time the complaint is filed, but the complaint is defective for failure to allege the essential facts Swagman Hotels and Travel Inc. v. CA 

A ; hence, an amendment to the complaint would still be a matter of right during the pendency of the motion to dismiss.



Even if the motion to dismiss is granted by the court, the plaintiff may still amend his complaint as a matter of right before the dismissal becomes final, as long as no answer has yet been served.

Amendments to conform to or authorize presentation of evidence. – When issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby. The court may grant a continuance to enable the amendment to be made.

This provision applies to two situations where evidence not within the issues raised in the pleadings is offered by the parties during the trial, and is either: 


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- Said issues are deemed to have been tried with the consent of the parties . It Civ Pro -Eleazar

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III. Civil Procedure f) EFFECT OF A MENDED PLEADING

allows an amendment of the pleadings to conform to the evidence upon motion of a party at any time, even after judgment, and if the parties fail to amend, such failure will not affect the trial of said issues, which are deemed to have been raised in the pleadings. It also covers situations where a complaint insufficiently states a cause of action, or fails to avert the fact that certain conditions precedent were undertaken and complied with.; OR 

Sec. 7 & 8, Rule 10 Filing of amended pleadings. When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by appropriate marks, shall be filed. : Effect of amended pleadings. – An amended pleading supersedes the pleading that it amends. However, admissions in superseded pleadings may be received in evidence against the pleader; and claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived.

– The court may nevertheless admit the evidence where the objecting party fails to show that the admission of the evidence would prejudice him in his defense. It is a question of WON justice will thereby be subserved.

e) DIFFERENT FROM SUPPLEMENTAL PLEADINGS 



Supplemental pleadings are those which set forth transactions, occurrences, or events which have happened since the date of the pleading sought to be supplemented.



It has been held however, that the original complaint is deemed superseded and abandoned only if the amendatory complaint introduces a new or different cause of action. ( Versoza v. CA)



Admissions made in the original pleadings cease to be judicial admissions. However, they may be received in evidence against the pleader and be utilized as extrajudicial admissions provided they are formally offered in evidence. ( Ching v. CA)



Where the defendants have already appeared before the TC by virtue of summons in the original complaint, the amended complaint may be served upon them without need of another summons.



It is not the change of a cause of action that gives rise to the need to serve another summons but rather the acquisition of jurisdiction over the persons of the defendants.



However, where a new defendant is impleaded, summons must be served upon him.

Filing of this pleading requires leave of court, which will allow the same only upon such terms as are just.

Sec. 6, Rule 10 Supplemental pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented. The adverse party may plead thereto within 10 days from notice of the order admitting the supplemental pleading. 

When the cause of action in the supplemental complaint is different from that in the original, the court should not admit the supplement.



Filing of an answer to a supplemental pleading is not mandatory because of the word ‗may‘ in the provision. This is bolstered by the express provision of the Rules that answer to the original pleading shall serve as answer to the supplement if no new/supplemental answer is filed. A supplemental pleading assumes that the original is to stand, and that the issues joined with the original remain as the issues to be tried. ( Chan v. Chan)


G. SUMMONS

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

A writ by which the defendant is notified of the action brought against him.



An important part of this notice is a direction that the defendant answer the complaint within the period fixed by the Rules and that unless he so answers, plaintiff will take judgment by default and may be granted the relief applied for.



This is a mandatory requirement and not merely a discretionary matter on the part of the court or the clerk of court. In fact, knowledge by the defendant or by its agents of an action filed against it does not dispense with the need for summons.



The writ is served by the sheriff, his deputy, or other proper court officer, or for justifiable reasons by any

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suitable person authorized by the court issuing the summons.

Sec. 6, Rule 14 (Summons)

Sec. 1&2, Rule 14 (Summons) Clerk to issue summons. Upon the filing of the complaint and the payment of the requisite legal fees, the clerk of court shall forthwith issue the corresponding summons to the defendants. Contents. – The summons shall be directed to the defendant, signed by the clerk of court under seal, and contain: (a) the name of the court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by these Rules; (c) a notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.

Service in person on defendant. Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person, or if he refuses to receive and sign for it, by tendering it to him.



Under the present rule, this is no l onger referred to as ‗personal service,‘ which is a mo de for the service of pleadings, motions, notices, orders, judgments and other papers under Rule 13.



Tender of summons is not a separate mode of service, but a part of it when defendant refuses to receive and sign for the summons.

4. SUBSTITUTED SERVICE 1. N ATURE AND PURPOSE OF SUMMONS IN RELATION TO A CTIONS IN PERSONAM , IN R EM, AND QUASI IN R EM

Sec. 6, Rule 14 (Summons) Substituted service. If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant‘s residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant‘s office or regular place of business with some competent person in charge thereof.

Since the summons is a writ by which the defendant is notified of the action brought against him, the most basic purpose of the summons, whatever the nature of the action involved, is to satisfy the requirements of procedural due process.



The return must show the following: (a) indicate the impossibility of service of summons within a reasonable time; (b) specify the efforts exerted to locate the defendant; (c) state that the summons was served upon a person of sufficient age and discretion who is residing in the address, or who is in charge of the office or regular place of business of the defendant. ( Jose v. Boyon)



Note, in Jose, when substituted service was resorted to by the process server allegedly because efforts to serve the summons personally on the defendants failed, the plaintiffs filed a motion for leave to effect summons by publication, which was granted. The SC held that ―extraterritorial service of summons or summons by publication applies only when the action is in rem or quasi in rem. The first is an action against the thing itself instead of against the defendant‘s person; in the latter, an individual is named as defendants and the purpose is to subject that individual‘s right in a piece of property to the obligation or loan burdening it. In the instant case, what was filed before the TC was an action for specific performance directed against the defendants. While the suit incidentally involved a piece of land, the ownership or possession thereof was not put in issue since they did not assert any interest or right over it. Moreover, an action for specific performance is an action in personam. Having failed to serve the summons on defendants property, the RTC did not validly acquire jurisdiction over their persons.

In personam 

To acquire defendant

over the person of the

In rem and quasi in rem 

To satisfy the requirements of (since jurisdiction over the person of the defendant is not relevant in these actions)

2. V OLUNTARY A PPEARANCE Sec. 20, Rule 14 (Summons) Voluntary appearance. – The defendant‘s voluntary appearance in the action shall be equivalent to service of summons. The inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. 

Absence or invalidity of service of summons will not prevent the court from acquiring jurisdiction over the defendant as long as he performs acts that could be construed as voluntary appearance.


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VYE‘s comment: In Jose, Justice Panganiban made a sweeping statement that service of publication is applicable in actions in rem and quasi in rem but not in personal suits such as an action for specific performance. Herrera noted that under previous rulings, summons by publication has been held as not permissible in actions in personam. This according to Herrera is ―too broad and should not be made to apply to resident defendants. It is only when the defendant is not a resident of the Philippines and cannot be found in the Philippines that the court cannot acquire jurisdiction over its person in actions in personam.

HIS IDENTITY IS UNKNOWN OR WHERE HIS WHEREABOUTS ARE UNKNOWN

Sec. 14, Rule 14 (Summons) Service upon a defendant whose identity or whereabouts are unknown. – In any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the court may order.

Requirements for a Substituted Service a. ―Reasonable time‖ = so much time as is necessary under the circumstances for a reasonably prudent and diligent man to do, conveniently, what the contract or duty requires that should be done having a regard for the rights and possibility of loss, if any, to the other party. b. Reasonable time for the sheriff to effect a personal service in order to demonstrate impossibility of prompt service = 15 to 30 days. c. Reasonable time for the plaintiff = not more than 7 days d. ―Several attempts‖ = at least 3 tries, preferably on at least two different dates.

Sec. 16, Rule 14 (Summons) Residents temporarily out of the Philippines When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily pout of it, service may, by leave of court, be also effected out of the Philippines, as under the preceding section.




A resident defendant is temporarily out of the country if he has a residence or place of business in the Philippines but cannot be served within a reasonable time of the summons because of his absence in the Philippines.



This form of service of summons appears to be superfluous because without it, a resident defendant temporarily outside of the Philippines may still be served through substituted service

6. EXTRA -TERRITORIAL SERVICE, W HEN A LLOWED 1. 2. 3.

5. CONSTRUCTIVE SERVICE

An EXCEPTION to this rule is set forth in the two following instances

Alternatively, the remedy for inability to serve summons in actions in personam is to hold the case pending in the archives of the court pending the determination of the person‘s whereabouts and properties. A search of the defendant‘s properties is necessary so the same may be attached, and said attachment will convert the action into an in rem/quasi in rem action, which renders summons by publication valid and effective.

PHILIPPINES

a. Must be the one managing the office or business of defendant, such as the president or manager b. Must have sufficient knowledge to understand the obligation of the defendant in the summons, its importance, and the prejudicial effects arising from inaction *These matters must be clearly and specifically described in the Return of Summons. [Manotoc v CA]





TEMPORARILY OUTSIDE THE

a. Attained the age of full legal capacity (18 years old) b. Must know how to read and understand English c. Must have the ―relation of confidence‖ to the defendant

Generally, constructive service is available only in actions in rem and quasi in rem.

Applies to any action, WON in personam/in rem/quasi in rem

b) SERVICE UPON RESIDENTS

a. The date and time of the attempts on personal service b. Reasons behind the failure c. The inquiries made to locate the defendant d. The name/s of the occupants of the alleged residence or house of defendant e. All other acts done, though futile, to serve the summons





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Defendant is a nonresident; He is not found in the Philippines; and The action against him is either in rem or quasi in rem.

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3.

4.

1. 2.

: Actions affecting the personal status of the plaintiff; Actions relating to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent; Actions in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest in property located in the Philippines; or Actions in which the defendant‘s property has been attached in the Philippines.

8. PROOF OF SERVICE Sec. 14, Rule 14 (Summons) Return. – When the service has been completed, the server shall, within 5 days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff‘s counsel, and shall return the summons to the clerk who issued it, accompanied by proof of service. Issuance of alias summons. – If a summons is returned without being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiff‘s counsel, stating the reasons for the failure of service, within 5 days therefrom. In such a case, or if the summons has been lost, the clerk, on demand of the plaintiff, may issue an alias summons. Proof of service. – The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his deputy. Proof of service by publication. – If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy of the publication shall be attached, and an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his last known address.

: By personal service; By publication; OR In any manner the court may deem sufficient

Sec. 14, Rule 14 (Summons) Extraterritorial service. When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under Sec. 6; or 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. Any order granting such leave shall specify a reasonable time, which shall not be less than 60 days after notice, within which the defendant must answer. 

H. MOTIONS 1. MOTIONS IN GENERAL a) DEFINITION OF A MOTION An application for relief other than by a pleading

This mode of service will not be available to actions in personam.

b) MOTIONS VERSUS PLEADINGS Motions are used to seek reliefs other those subject of pleadings, however some of the rules applicable to pleadings also apply to motions.

7. SERVICE UPON PRISONERS AND MINORS Sec. 9&10, Rule 14 (Summons) Service upon prisoners. – When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. Service upon minors and incompetents. – When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him personally and on his legal guardian if he has one, or if none, upon his guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, service may also be made on his father or mother. Bayona/Cadorna/Dolot

c) CONTENTS AND FORM OF MOTIONS

a. b. c.

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statement of relief sought; grounds upon which the motion is based; and supporting affidavits and other papers, when so mandated by the Rules or when necessary to prove facts stated in the motion

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must be in writing EXCEPT for: (1) motions made in open court; and (2) motions made in the course of a hearing or trial (Rule 15, Sec. 2) rules that apply to pleadings shall also apply to written motions with respect to caption, designation, signature, and other matters of form

b.



A motion which does not meet the requirements of Rule 15, Secs. 4 and 5 on hearing and notice of hearing is a worthless piece of paper. Failure of movants to comply with these requirements is fatal to their motions. (Vette Industrial Sales Co., Inc. v. Cheng )



A motion which does not comply with the rules on motion is considered pro forma and thus, will be treated as one filed merely to delay the proceedings. (Marikina Development Corporation v. Flojo)

d) NOTICE OF HEARING AND HEARING OF MOTIONS Every written motion shall be set for hearing by the applicant, which hearing shall not be later than 10 days after the filing of the motion. Motions which the court may act upon without prejudicing the rights of the adverse party need not be set for hearing. (Rule 15, Sec. 4)





2. MOTIONS FOR BILL OF P ARTICULARS a) PURPOSE AND W HEN A PPLIED FOR P seek an order from the court directing the pleader to submit a bill of particulars which avers matters ―with sufficient definiteness or particularity‖ to enable the movant to property prepare his responsible pleading.

Notice of hearing on motions required to be heard shall be served in such a manner as to ensure its receipt by the other party at least 3 days before the date of hearing, unless the court for good cause sets the hearing on shorter notice.



Said notice shall be addressed to all the parties concerned and specify the time and date of the hearing.

It is not to enable the movant to prepare for trial, because in such a case, the proper remedy is to avail of the discovery procedures under Rules 23 to 29, and also of mandatory pre-trial under Rule 18.

Except for motions requiring immediate attention, all hearing of motions shall be scheduled on Friday afternoons, or if Friday is a non-working holiday, in the afternoon fo the next working day. (Rule 15, Sec. 6)

Aside from the requirements for motions under Rule 15, a motion for bill of particulars shall point out the (a) defects complained of; (b) the paragraphs in which they are contained; and (c) the details desired.

e) OMNIBUS MOTION R ULE A procedural principle which requires that every motion that attacks a pleading, judgment, order or proceeding shall include all grounds then available, and all objections not so included shall be deemed waived. (Rule 15, Sec. 8)

a. b. c. d.

Rules say, ―Before responding to a pleading, a party may move for a definite statement or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him properly to prepare his responsive pleading. Thus, the following pleadings are covered: (a) Complaint, the Answer being the responsive pleading; (b) Answer, the Reply being the responsive pleading; (c) Counter-claim or cross-claim, the answer thereto being the responsive pleading; (d) Third-Party Complaint, the answer thereto being the responsive pleading; and (e) Reply, but no responsive pleading is permitted by the Rules. The Rules further state, ―if the pleading is a reply, the motion must be filed within ten (10) days from service thereof.‖ Herrera said, if the pleading is a reply, this is just like saying if no responsive pleading is permitted by the Rules. The former Rule reads, ―Before responding to a pleading or, if no responsive pleading is permitted by these rules …‖

lack of jurisdiction over the subject matter; litis pendencia; res judicata; prescription.

f) LITIGATED AND EX P ARTE MOTIONS 

Litigated motions are those which require a hearing as without such, the rights of the adverse parties will be prejudiced.



Ex parte motions are those that do not require said hearings because the court may act upon them without prejudicing the adverse parties‘ rights.


motion is to be filed before responding to a pleading

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: Defendant filed a motion for bill of particulars, which the trial court granted. Thus, plaintiff was directed to comply with the order. Under Rule 12, Sec. 3, if the motion is granted, compliance must be effected within 10 days from notice of the order. The plaintiff in this case has the option to file a separate pleading or an amended pleading, serving a copy thereof on the adverse party. What if the plaintiff opted to file a separate pleading? Upon receipt of the separate pleading, the defendant has to file his responsive pleading according to Sec. 5 of Rule 12, within the period to which he was entitled at the time of the filing his motion, which shall not be l ess than five (5) days in any event. What if the plaintiff opted to file an amended complaint, how many days does the defendant has to file his responsive pleading? Do we apply Sec. 3 of Rule 11, which states, ―Where the plaintiff files an amended complaint as a matter of right, the defendant shall answer the same within 15 days after being served with a copy thereof.‖ Or, do we apply Sec. 5 of Rule 12, giving the defendant the remaining period to which he was entitled at the time of the filing of his motion for bill of particulars, which shall not be less than 5 days in any event.

- The bill of particular submitted becomes part of the pleading for which it is intended (Rule 12, Sec. 6) Effect of non-compliance or insufficient compliance (Rule 14, Sec. 4): The court has the following options: a. order the striking out of the pleading; b. order the striking out of the portions of the pleading to which the order was directed; OR c. make such other order as it may deem just

d) EFFECT ON THE PERIOD TO FILE A R ESPONSIVE PLEADING A motion for bill of particulars is not a pleading, let alone a responsive pleading. Thus, WON his motion is granted, the movant may file his responsive pleading.

The filing of this motion stays or interrupts the period to file the responsive pleading.

VYE’s position: We should apply Rule 12 because the amendment was made pursuant to an order directing the plaintiff to submit a bill of particulars or a more definite statement of any matter alleged in the complaint. In other words, the amendment in this case was not made as a matter of right pursuant to the provisions of Rule 10.

b) A CTION OF THE COURT After receiving the motion from the clerk of court, the court has three possible options (Rule 12, Sec.2): (1) the motion outright; (2) the motion outright; OR (3) on the motion or allow the parties opportunity to be heard

c) COMPLIANCE WITH THE ORDER AND EFFECT OF NONCOMPLIANCE If the motion is granted, in whole or in part, the court shall order the pleader to submit a bill of particulars to the pleading to which the motions is directed.



Compliance must be effected within 10 days from notice of the order, unless a different period is fixed by the court.



Compliance may be done by the pleader by filing the bill of particulars or a more definite statement either in (a) a separate pleading; or (b) in the form of an amended feeling.


3. MOTION TO DISMISS 

This is a course of action that the defendant may elect to take instead of filing his answer immediately, assuming that the allegations in the complaint are already particularized by a bill of particulars. However, one of the grounds enumerated below must be present; otherwise, he has no choice but to file an answer.



This motion hypothetically admits the truth of the factual allegations of the complaint but not of the conclusions that may have been made therein. However, this admission is not the judicial admission contemplated in Rule 129, Sec. 4



This is a litigated motion.



Under the omnibus motion rule, when a motion to dismiss is filed, all grounds for objection available at the time the motion is filed must be invoked; otherwise they shall be deemed waived, except if they fall under Rule 9, Sec.1.

a) GROUNDS

Compliance (Rule 12, Sec. 3): 

In either case, a copy thereof is required to be served upon the adverse party.

Under Rule 16, Sec.1, a motion to dismiss may be filed on any of the following grounds: a) lack of jurisdiction over the person of the defendant; b) lack of jurisdiction over the subject matter of the claim; c) improper venue; d) plaintiff‘s lack of legal capacity to sue; e) litis pendencia; f) res judicata or prescription; g) lack of cause of action in pleading;

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III. Civil Procedure payment/waiver/abandonment/extinguishme nt of the claim or demand in plaintiff‘s pleading; i) unenforceability of the claim under the Statute of Frauds; and j) non-compliance with a condition precedent for filing the claim Under Art. 151 of the Family Code: No suit between members of the same family shall prosper unless it should appear from the verified complaint or petition that earnest

f) W HEN GROUNDS PLEADED AS A FFIRMATIVE DEFENSES

h)

efforts toward a compromise have been made, but that the same have failed. If it is shown that no such efforts were in fact made, the case must be dismissed.

If no motion to dismiss has been filed, any of the grounds herein may be pleaded as an affirmative defense in the answer, and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss has been filed. (Rule 16, Sec. 6) A ground previously invoked in a denied motion to dismiss does not preclude any future reliance on said grounds. (Sps. Rasdas v. Sps. Villa )

b) R ESOLUTION OF MOTION

g) B AR BY DISMISSAL

After the hearing, the court may (Rule 16, Sec. 3): a. dimiss the action or claim; b. deny the motion; OR c. order the amendment of the pleading.

An order granting a motion to dismiss shall bar the refiling of the same action or claim if the dismissal is based on any of the following grounds (Rule 16, Sec. 5): a. res judicata; b. prescription; c. payment/waiver/abandonment/extinguish ment of the claim or demand; and d. unenforceability of the claim under the Statute of Frauds

c) R EMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS DISMISSED The plaintiff has the following options in this case: a. Depending upon the ground for dismissal, he may simply refile the complaint. b. Where the ground for dismissal bars refiling of the complaint, he may appeal from the order of dismissal because in this case, the dismissal is with prejudice. When there is showing of GAD, he may avail of a petition for certiorari

h) DISTINGUISHED FROM DEMURRER TO E VIDENCE UNDER R ULE 33 The is filed by the defendant before he files his answer. Meanwhile, a is filed by defendant after the plaintiff has completed the presentation of his evidence upon the ground that upon the facts and law the plaintiff has shown no right to relief

d) R EMEDIES OF THE DEFENDANT WHEN THE MOTION IS DENIED 

The movant shall file his answer and go through the usual trial process, and later, he may file a timely appeal from an adverse judgment.



An order denying a motion to dismiss being interlocutory is not appealable.



I. DISMISSAL OF A CTIONS 1. DISMISSAL UPON NOTICE BY PLAINTIFF; T WO-DISMISSAL R ULE Dismissal upon notice by plaintiff: Under Sec. 1, Rule 17, the complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Dismissal here is a matter of right. (It is therefore possible that the plaintiff would file a notice of dismissal without his k nowing that an answer has been served on him and filed with the Court by registered mail, and the Court acting upon the notice issued an order confirming the dismissal.

However, the remedies of certiorari or prohibition may be availed of if there is a showing that the denial was tainted with GAD. Mandamus may also be availed of if there‘s a showing that the court unlawfully neglected the performance of an act which the law specifically enjoins.

e) EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN GROUNDS

Q: What if it turns out that indeed an answer has been filed in court and served on the plaintiff by registered mail before the notice of dismissal was filed?

Under Rule 16, Sec. 5, dismissal of the complaint on certain grounds bars the refiling of the same action or claim based on the same grounds




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If before the court could issue an order confirming the dismissal it receives the answer or motion for summary judgment, the court should disregard the

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A complaint may be dismissed even if the plaintiff has no desire to have the same dismissed, if the same is through reasons attributed to his fault (Rule 17, Sec.3): a) failure of the plaintiff, without justifiable reasons, to appear on the date of the presentation of his evidence in chief; b) failure of the plaintiff to prosecute his action for an unreasonable length of time; c) failure of the plaintiff to comply with the Rules of Court; OR d) failure of the plaintiff to comply with any order of the court. In this case, dismissal may be done by the . or upon

If it issues an order confirming the dismissal but eventually receives the answer or motion for summary judgment, the defendant will have to file the appropriate motion questioning the confirmation of the dismissal. The court may then have to disregard the notice of dismissal in view of the filing of an answer or motion for summary judgment.

It is not the order confirming the dismissal , which operates to dismiss the complaint. It by the filing of the notice of dismissal.

Is the dismissal of the complaint due to the fault of the plaintiff under Sec. 3, Rule 17 also without prejudice to the right of the defendant to prosecute his counterclaim?

: Dismissal effected this way is without prejudice. a.

b.

the notice provides that the dismissal is with prejudice (or provides therein a reason that prevents refiling of the complaint); or plaintiff has previously dismissed the same case in a court of competent jurisdiction based on or including the same claim. (Rule 17, Sec.1)

VYE‘s comment: the defendant can insist on his counterclaim although the provision that the dismissal is limited to the complaint is found only in Sec. 2. After all, if the consequence of a dismissal of the complaint upon motion of the plaintiff is without prejudice to the right of the defendant to prosecute his counterclaim, with more reason should it be without prejudice to said right of the defendant if the dismissal of the complaint is due to the fault of the plaintiff.

Two-dismissal Rule Two-dismissal rule applies when the plaintiff has (a) twice dismissed actions, (b) based on or including the same claim, (c) in a court of competent jurisdiction.

4. DISMISSAL OF COUNTERCLAIM , CROSSCLAIM OR THIRD-P ARTY COMPLAINT

2. DISMISSAL UPON MOTION BY PLAINTIFF ; EFFECT ON EXISTING COUNTERCLAIM

Rule 17 shall also apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary dismissal by the claimant by notice of dismissal as in Rule 17, Sec. 1 shall be made before a responsive pleading or a motion for summary judgment is served, or if

Once either an answer or a motion for summary judgment has been served on the plaintiff , the and will require the filing of a motion to dismiss, which will now be subject to the approval of the court.

there is none, before the introduction of evidence at the trial or hearing (Rule 17, Sec.4)

If , this dismissal is without prejudice except if the order specifies that it is with prejudice.

J. PRE-TRIAL 1. CONCEPT OF PRE-TRIAL 2. N ATURE AND PURPOSE

If one has already been pleaded by the defendant prior to the service upon him of the plaintiff‘s motion to dismiss, and the court grants the said motion, the dismissal shall be limited to the complaint. The counterclaim, whether compulsory or permissive, is not dismissed. (Rule 17, Sec. 2) 

A is a procedural device held prior to the trial for the court to consider the following purposes (Rule 18, Sec.2): a) Possibility of an amicable settlement or a submission to alternative modes of dispute resolution; b) Simplification of issues; c) Necessity or desirability of amendments to the pleadings; d) Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;

Defendant may choose to prosecute his claim in a separate action or in the same one.

3. DISMISSAL DUE TO THE F AULT OF THE PLAINTIFF


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h) i)

Limitation of the number of witnesses; Advisability of a preliminary reference of issues to a commissioner; Propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist; Advisability or necessity of suspending the proceedings; and Such other matter as may aid in the prompt disposition of the action.

: The action shall be DISMISSED except when the court orders otherwise. (Rule 18, Sec.5)

Can the defendant insist on his counterclaim? Justice Feria opined that the ―defendant who appears in the absence of the plaintiff may be allowed to present evidence on his counterclaim, if any.‖ (See Herrera, p. 817)

Plaintiff i s allowed to EX PARTE , and the court is allowed to render judgment on the basis of said evidence.

In civil cases, pre-trial is for both cases falling under the RoC and the Rules on Summary Procedure. Failure of a judge to conduct a pre-trial conference in a civil case is contrary to elementary rules of procedure, which constitutes gross ignorance of the law and warrants a corresponding penalty. ( National Power Corporation v. Adiong ) It is which initiates the setting of the case of a pre-trial. It is set at the , who shall have the duty to promptly file the motion to set the case for pre-trial. This is an ex parte motion ie. no need for a hearing. (Rule 18, Sec.1) Within after the last pleading joining the issues has been served and filed (Rule 18, Sec.1). If the plaintiff fails to file said motion within the given period, the branch clerk of court shall issue a notice of pre trial (A.M. No. 03-1-09-SC, July 13, 2004)

: Only for a valid cause; OR When a representative shall appear on behalf of the party fully authorized in writing (SPA) to enter into any of the following matters: (a) amicable settlement; (b) alternative modes of dispute resolution; and (c) stipulations and admissions of facts. (Rule 18, Sec. 4)

1. 2.

Last permissible pleading that a party can file is a reply to the answer to the last pleading asserting a claim. The ‗last pleading‘ need not be literally construed as one having been served and filed. For purposes of the pre-trial, the expiration of the period for filing the last pleading without it having been served and filed is sufficient. (Sarmiento v. Juan)

3. NOTICE OF PRE-TRIAL The notice of pre-trial shall be of the party if the latter is represented by counsel. Otherwise, the notice shall be . The counsel is charged with the duty of notifying his client of the date, time and place of the pre-trial. (Rule 18, Sec. 3)

4. A PPEARANCE OF P ARTIES; EFFECT OF F AILURE TO A PPEAR It shall be the duty of both the parties and their counsels to appear at the pre-trial (Rule 18, Sec.4)


The absence of counsel for defendants at pre-trial does not ipso facto authorize the judge to declare the defendant as in default and order the presentation of evidence ex parte. It bears stressing that nothing in the Rules of Court sanctions the presentation of evidence ex parte upon instances when counsel for defendant is absent during pretrial. The Rules do not countenance stringent construction at the expense of justice and equity. In this case, the defendants were present but their counsel did not appear despite due notice. ( Paredes v. Verano)

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The representative must have full authority to enter into all of the above matters; otherwise, his authority will be deemed as null.



Although the rule uses ‗OR‘ between the above two grounds, actually a valid cause is still required in case of the second ground; otherwise the provision would not be in accord with the spirit of the Rules.

5. PRE-TRIAL BRIEF; EFFECT OF F AILURE TO A PPEAR The parties shall file with the court their respective pre-trial briefs which shall be received at least 3 days before the date of the pre-trial. This pre-trial brief shall be served on the adverse party in such manner that will ensure his receipt also at least 3 days before the date of the pre-trial. The pre-trial brief shall contain the following matters (Rule 18, Sec. 6): (a) Statement of their willingness to enter into an amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof; (b) Summary of admitted facts and proposed stipulation of facts; Civ Pro -Eleazar

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III. Civil Procedure 6. DISTINCTION BETWEEN PRE-TRIAL IN CIVIL CASE AND PRE-TRIAL IN CRIMINAL C ASE

(c) Issues to be tried or resolved; (d) Documents or exhibits to be presented, stating the purposes thereof; (e) Manifestation of their having availed of or their intention to avail of the discovery procedures or referral to commissioners; and (f) The number and names of the witnesses, and the substance of their respective testimonies. * Statements and representations made in the pre-trial briefs are in the nature of judicial admissions, which bind the parties. * Failure to file a pre-trial brief shall have the same effect as failure to appear at the pre-trial.

How set

CRIMINAL C ASE

By EX PARTE motion of the plaintiff After the last pleading has been served and filed

Ordered by the court MOTU PROPIO After arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused

Considered as an important objective

Not considered

Not required to be signed by both parties and their counsel but must be contained in the record of pre-trial and the pre-trial order. However, said record is now required to be signed by both parties AND/OR their counsel. Imposed upon the plaintiff and the defendant

Shall be reduced in writing and signed by both the accused AND counsel, otherwise they cannot be used against the accused

When

A.M. No. 03-1-09-SC

Possibility of amicable settlement

guidelines to be observed by trial judges and clerks of court in the conduct of pre-trial and use of depositiondiscovery measures. Some features are as follows: 1. Summons shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the answer. 2. Issue an order requiring the parties to avail of interrogatories to parties (Rule 25), request for admission by adverse party (Rule 26), or make use of depositions under Rule 23 or other measures under Rules 27 and 27 within 5 days from filing of the answer. 3. Within 5 days from filing of reply, plaintiff must promptly move ex parte that the case be set for pretrial conference. If he fails to do so, the Branch COC shall issue notice of pre-trial. 4. No evidence shall be allowed to be presented and offered during the trial in support of a party‘s evidence-in-chief other than those that had been earlier identified and premarked during the pre-trial except if allowed by the court for good cause shown. Brief must indicate the approximate number of hours that will be required by the parties for the presentation of their respective witnesses. Rule on contents of pretrial brief must be strictly complied with. The parties are bound by representations and statements in their respective pretrial briefs. 5. Refer the case to the Philippine Mediation Center for purposes of mediation if available. 6. Pre-marking of exhibits before the Branch COC and attached to the records after comparison. 7. Minutes of preliminary conference. Note, preliminary conference under Rules on Summary Procedure is different. 8. Active role of the judge in pre-trial 9. Adhere to the one-day examination of witness rule 10. Most important witness rule 11. Use of affidavits of witnesses as direct examination. In question and answer form.


CIVIL C ASE

Agreements and admissions

Sanctions for nonappearance in pre-trial Pre-trial brief

Required submitted

to

be

Imposed upon the counsel for the accused or the prosecutor Not specifically required

The Rules on pre-trial are different in petitions for declaration of nullity of marriage and legal separation.

A.M. No. 02-11-10-SC Effect of failure to appear at the pre-trial. – (a) If the petitioner fails to appear personally, the case shall be dismissed unless his counsel or a duly authorized representative appears in court and proves a valid excuse for the non-appearance of the petitioner. (b) If the respondent has filed his answer but fails to appear, the court shall proceed with the pre-trial and require the public prosecutor to investigate the nonappearance of the respondent and submit within fifteen days thereafter a report to the court stating whether his non-appearance is due to any collusion between the parties. If there Is no collusion, the court shall require the public prosecutor to intervene for the State during the trial on the merits to prevent suppression or fabrication of evidence.

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III. Civil Procedure 7. A LTERNATIVE DISPUTE R ESOLUTION (ADR) means any process or procedure used to resolve a dispute or controversy, other than by adjudication of a presiding judge of a court or an officer of a government agency, as defined in the ADR law (RA 9285), in which a neutral third party participates to assist in the resolution of issues, which includes arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof .

1.

2.

3.

4.

supervision shall be deemed as and shall be filed with the RTC: a) where arbitration proceedings are conducted; b) where the asset to be attached or levied upon, or the fact to be enjoined is located; c) where any of the parties to the dispute resides or has his place of business; OR d) in the National Judicial Capital Region, at the option of the applicant.

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Commercial arbitration – arbitration which covers matters arising from all relationships of a commercial nature, whether contractual or not Court-annexed mediation – any mediation process conducted under the auspices of the court, after such court has acquired jurisdiction over the dispute Court-referrred mediation – any mediation process ordered by a court to be conducted in accordance with the Agreement of the Parties when an action is prematurely commenced in violation of such agreement Arbitration (Domestic and Foreign)

A decision of the RTC confirming, vacating, setting aside, modifying or correcting an arbitral award may be appealed to the CA.

a. b. c. d. e. f. g. h. i.

a) b) c) d) e) f) g) h)

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

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Labor disputes covered by the Labor Code and its IRR; Civil status of persons; Validity of a marriage; Any ground for legal separation; Jurisdiction of courts; Future legitime; Criminal liability; and Those which by law cannot be compromised.

j. k. l.

1. 2.

The confirmation of domestic arbitral awards shall be made by the RTC in accordance with the rules of procedure promulgated by the SC. Arbitral awards from the CIAC (Construction Industry Arbitral Award Commission) need not be confirmed by the RTC to be executor. The recognition and enforcement of foreign arbitral awards shall be filed with the RTC in accordance with the rules of procedure promulgated by the SC When said recognition and enforcement is granted by the RTC, the arbitral award shall be enforced in the same manner as final and executory decisions of courts of law in the Philippines.

Proceedings for recognition and enforcement of an arbitration agreement or for vacation, setting aside, correction or modification of an arbitral award, and any application with a court for arbitration assistance and


Special Summary, except for: a) confirmation, correction or vacation of award in domestic arbitration; b) recognition and enforcement or setting aside of an award in international commercial arbitration; and c) recognition and enforcement of a foreign arbitral award

a. b. c. d. e.

f. g. h.

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Relief on the issue of existence, validity, or enforceability of the arbitration agreement; Referral to ADR; Interim measures of protection; Appointment of arbitrator; Challenge to appointment of arbitrator; Termination of mandate or arbitrator; Assistance in taking evidence; Confirmation, correction or vacation of award in domestic arbitration; Recognition and enforcement or setting aside of an award in international commercial arbitration; Recognition and enforcement of a foreign arbitral award; Confidentiality/protective orders; and Deposit and enforcement of mediated settlement agreements

Motion to dismiss; Motion for bill of particulars; Motion for new trial or for reopening of trial; Petition for relief from judgment; Motion for extension, except in cases where an ex parte temporary order of protection has been issued; Rejoinder to reply; Motion to declare a party in default; and Any other pleading specifically disallowed under any provision of the Special ADR Rules.

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III. Civil Procedure * The court shall motu propio order a pleading/motion that it has determined to be dilatory in nature be expunged from the records.

Source: http://attylaserna.blogspot.com/2011/03/expandedcoverage-of-mediation-and.html) Judicial proceedings shall be divided into two stages: (1) from the filing of a complaint to the conduct of CAM and JDR during the pre-trial stage, and (2) pre-trial proper to trial and judgment. The judge to whom the case has been originally raffled, who shall be called the JDR Judge, shall preside over the first stage. The judge, who shall be called the trial judge, shall preside over the second stage. – where the judge refers the parties to the Philippine Mediation Center (PMC) for the mediation of their dispute by trained and accredited mediators‖. – Upon failing to secure a settlement of the dispute during the first stage, the second attempt is where the JDR judge becomes a ―mediator -conciliator-early neutral evaluator in a continuing effort to secure a settlement‖.

(1) Civil cases which by law cannot be compromised (Article 2035, New Civil Code); (2) Other criminal cases not covered under paragraphs 3 to 6 above; (3) Habeas Corpus petitions; (4) All cases under Republic Act No. 9262 (Violence against Women and Children); and (5) Cases with pending application for Restraining Orders/Preliminary Injunctions. However, in cases covered under 1, 4 and 5 where the parties inform the court that they have agreed to undergo mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support pendente lite, the court shall refer them to mediation.‖

—the mediator-judge must turn over the case to another judge (a new one by raffle or nearest/pair judge) who will try the unsettled case. The trial judge ―shall continue with the pre trial proper and, thereafter, proceed to try and decide the case. The third stage is during the appeal where covered cases are referred to the PMC- ACM unit for mediation.

(1) All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure, including the civil liability for violation of B.P. 22, except those which by law may not be compromised; (2) Special proceedings for the settlement of estates; (3) All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law (4) The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code; (5) The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years imprisonment, where the offended party is a private person; (6) The civil aspect of estafa, theft and libel; (7) All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary Reorganization Act of 1980; (8) All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original jurisdiction Bayona/Cadorna/Dolot

granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act of 1980; (9) All civil cases involving title to or possession of real property or an interest therein brought on appeal from the exclusive and original jurisdiction granted to the first level courts under Section 33, par.(3) of the Judiciary Reorganization Act of 1980; 13 and (10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court judge, that are brought up on appeal from the special jurisdiction granted to the first level courts under Section 35 of the Judiciary Reorganization Act of 1980.‖

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K. INTERVENTION remedy by which a third party, not originally impleaded in the proceedings, becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which may be affected by such proceedings. A third person is permitted by the court to make himself a party, either joining the plaintiff, or uniting with the defendant, or demanding something adversely from both of them. Intervention is never an independent action but is auxiliary and supplemental to the existing litigation. It is merely collateral, accessory, or ancillary to the principal action.

Not a matter of right, left to the sound discretion of court.

Is intervention an initiatory pleading requiring a certification against forum shopping? Under Sec. 3, Rule 19, the intervention shall be made by complaint filed and served in regular form and may be answered as if it were an original complaint. The complaint-in-intervention is an initiatory pleading.

1. R EQUISITES FOR INTERVENTION Civ Pro -Eleazar

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III. Civil Procedure 1. There must be a motion for intervention filed before rendition of judgment by the trial court. Leave of court is necessary before a person may be allowed to intervene.

Rule 20 . Calendar of cases. — The clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for hearing. Preference shall be given to habeas corpus cases, election cases, special civil actions, and those so required by law.

2. The movant must show in his motion that he: a) has legal interest in the matter in litigation; b) has legal interest in the success of any of the parties; c) has interest against both parties; OR d) is so situated as to be adversely affected by a distribution or disposition of property in the custody of the court or an officer thereof.

Assignment of cases. — The assignment of cases to the different branches of a court shall be done exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present.

Interest must be direct and immediate so that he will either gain or lose by the direct legal operation of the judgment; it must also be actual and material. However, notwithstanding the existence of legal interest , permission to intervene is subject to the court‘s sound discretion as to: (1) WON the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and (2) WON the intervenor‘s rights may be fully protected in a separate proceeding

M. SUBPOENA A process directed to a person requiring him to (Rule 21, Sec. 1): a) Attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of h is deposition ( ); and/or b) Bring with him any books, documents, or other things under his control ( ).

2. TIME TO INTERVENE

a)

Although Sec. 2, Rule 19 says that the motion to intervene may be filed at by the trial court, intervention was allowed: even on appeal; in a case pending before the SC; after judgment where it is necessary to protect some interest which cannot otherwise be protected; and for the purpose of preserving the intervenor‘s right to appeal.

b) c)

d)

In one case, intervention was even granted even after the decision became final and executory. In allowing the same, the SC held that the permissive tenor of the provision on intervention shows the intention of the Rules to give to the court the full measure of discretion in permitting or disallowing the same. But needless to say, this discretion should be exercised judiciously and only after consideration of all the circumstances obtaining in the case. (Mago v. CA)

3. R EMEDY FOR THE DENIAL OF MOTION TO INTERVENE

Under Rule 32, Sec. 3, it may also be issued by the commissioner in a trial by commissioner

1. SUBPOENA DUCES TECUM a) b) c)

Institute a separate action (A/ N: This isn‘t in the code or in Riano)

d)

L. C ALENDAR OF C ASES AND COMPUTATION OF PERIOD


court before whom the witness is required to attend; court of the place where the deposition is to be taken; officer or body authorized by law to do so in connection with investigations conducted by said officer or body; OR any Justice of the SC or of the CA in any case or investigation pending within the Philippines.

): it is unreasonable and oppressive; the relevancy of the books, documents or things does not appear; if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof; or, the witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served.

2. SUBPOENA A D TESTIFICANDUM

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III. Civil Procedure a) b)

the witness is not bound thereby; or the witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served.



over any defendant or over the property subject of the action; AND when it is the

3. SERVICE OF SUBPOENA 

Service shall be made in the same manner as personal or substituted service of summons.



It must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. (Rule 21, Sec. 6)

Leave of court required:

4. COMPELLING A TTENDANCE OF W ITNESSES; CONTEMPT



Leave of court NOT required:

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Done via filing a verified petition in the place of residence of any expected adverse party

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Deposition taken is admissible in evidence in any action subsequently brought involving the same subject matter

Sec. 8 & 9, Rule 21 (Subpoena ) Compelling attendance. — In case of failure of a witness to attend, the court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and bring him before the court or officer where his attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse. Contempt. — Failure by any person without adequate cause to obey a subpoena served upon him shall be deemed a contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law or Rule. 



Done via a motion of the party desiring to perpetuate his testimony asking the court for leave to take the depositions



Depositions will be allowed if the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice.

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They may be taken and used in the same manner and under the same conditions prescribed for depositions taken in pending actions.

a) MEANING OF DEPOSITION A is the taking of the testimony of any person, whether he be a party or not, but at the instance of a party to the action. This testimony is taken out of court.

Exception to the above rules is when a witness resides more than 100 kilometers from his residence to the place where he is to testify by the ordinary course of travel, or to a detention prisoner if no permission of the court in which his case is pending was obtained. (Rule 21, Sec. 10)

: a) b)

oral examination; and written interrogatory (distinct from written interrogatory to adverse party under Rule 25)

b) USES; SCOPE OF EXAMINATION 5. QUASHING OF SUBPOENA Against whom may be used (Rule 23, Sec. 4): (1) any party who was present or represented at the taking of the deposition; or (2) one who had due notice of the deposition.

A subpoena may be quashed by the court upon motion promptly made upon the grounds provided for in the rules. (Rule 21, Sec. 4)

N. MODES OF DISCOVERY

When may be used (Rule 23, Sec. 4): (1) at the trial; or (2) upon hearing of a motion or an interlocutory proceedings

A discovery is a device employed by a party to obtain information about relevant matters on the case from the adverse party in preparation for the trial. The device may be used by all the parties to the case.

How may be used (Rule 23, Sec. 4): (1) For contradicting or impeaching the testimony of the deponent as a witness; (2) For any purpose by the adverse party where the deponent is a party or at the time of the deposition was an officer, director, or managing agent of a

1. DEPOSITIONS PENDING A CTION; DEPOSITIONS BEFORE A CTION OR PENDING A PPEAL Bayona/Cadorna/Dolot

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III. Civil Procedure public or private corporation, partnership or association, which is a party; (3) For any purpose by any party, where the deponent is a witness, whether or not a party, if the court finds that: a) the witness is dead; b) the witness resides more than 100 kilometers from the place of trial or hearing, or is out of the Philippines, unless it appears that his absence was procured by the party offering deposition; c) the witness is unable to attend or testify because of age, sickness, infirmity or imprisonment; d) the party offering the deposition has been unable to procure the attendance of witnesses by subpoena; or e) when exceptional circumstances exist, upon application and notice.

At any time during the taking of the deposition, on motion or petition of any party or of the deponent and upon a showing that the examination is being conducted in bad faith or in such manner as unreasonable to annoy, embarrass, or oppress the deponent or party, the court in which the action is pending or the RTC of the place where the deposition is being taken may order the officer conducting the examination to cease forthwith from taking the deposition, or may limit the scope and manner of the deposition, as provided in Rule 29, Sec. 16. (Rule 23, Sec. 18)

2. W RITTEN INTERROGATORIES TO A DVERSE P ARTIES

(Rule 23, Sec. 2): Any matter, not privileged, which is relevant to the subject of the pending action, whether relating to the claim or defense or any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts

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This mode of discovery is availed of by a party to the action for the purpose of eliciting material and relevant facts from any adverse party.

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This is to be , which is directed to a pleading, because written interrogatories do not function as such; rather, they seek disclosure of material and relevant facts from a party.

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It is also to be , which are not served to the adverse party directly but are delivered to the officer designated in the notice. Here, the written interrogatories are served directly upon the adverse party.

How used (Rule 24, Sec. 1): Availed of when a person desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines.

a) CONSEQUENCES OF R EFUSAL TO A NSWER

How used (Rule 24, Sec. 7) : If an appeal has been taken from a judgment of a court, or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in said court.



The consequences are the same for when a deponent refuses to answer any question upon oral examination. (Rule 29, Sec. 1)

b) EFFECT OF F AILURE TO SERVE W RITTEN INTERROGATORIES 

c) W HEN MAY OBJECTIONS TO A DMISSIBILITY BE M ADE Sec. 6, Rule 23 Objections to admissibility . Subject to Rule 23, Sec. 29, objections may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying

A party not served with written interrogatories may not be compelled by the adverse party to give testimony in open court, or to give deposition pending appeal, unless allowed by the court or to prevent a failure of justice (Rule 25, Sec. 3)

3. R EQUEST FOR A DMISSION 

d) W HEN MAY T AKING OF DEPOSITION BE TERMINATED OR ITS SCOPE LIMITED

The purpose of this mode of discovery is to allow one party to request the adverse party in writing to admit certain material or relevant matters which most likely will not be disputed during the trial. This is to avoid unnecessary inconvenience to the parties in going through the rigors of proof.

a) IMPLIED A DMISSION BY A DVERSE P ARTY Bayona/Cadorna/Dolot

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5. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Each of the matters of which an admission is requested shall be deemed admitted unless, within a period designated in the request, the party to whom the request is directed files and serves upon the party requesting the admission a sworn statement either: (a) denying specifically the matters of which an admission is requested; or (b) setting forth in detail the reasons why he cannot truthfully either admit or deny those matters. (Rule 26, Sec. 2)

This mode of discovery applies to an action in which the mental or physical condition of a party is in controversy Examples would be: c)

b) CONSEQUENCES OF F AILURE TO A NSWER R EQUEST FOR A DMISSION 

d) e)

The rule on implied admission would apply

c) EFFECT OF A DMISSION 



A motion has to be filed showing good cause for the examination, with notice to the other parties as well, aside from the party to be examined.



The party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical examination. If the party examined refuses to deliver the report, the court may make an order requiring the delivery on such terms as are just. If it is the physician who fails or refuses to make a report, the court may exclude his testimony if offered at the trial. (Rule 28, Sec. 3)

Any admission under this rule is only for the purpose of the pending action and cannot be used in any other purpose or proceeding. (Rule 26, Sec. 3)

action for annulment of contract where the ground relied upon is insanity petition for guardianship of a person alleged to be insane action to recover damages for personal injury where the issue is the extent of the injuries of the plaintiff

d) EFFECT OF F AILURE TO FILE AND SERVE R EQUEST FOR A DMISSION The party who fails to avail of this mode of discovery shall not be permitted to present evidence on facts that are material and relevant and which are, or ought to be within the personal knowledge of the other party, unless otherwise allowed by the court for good cause shown and to prevent failure of justice. (Rule 26, Sec. 5)

6. CONSEQUENCES OF R EFUSAL TO COMPLY WITH MODES OF DISCOVERY

4. PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS The purpose of this mode of discovery is to allow a party to seek an order from the court in which the action is pending to (Rule 27, Sec. 1): a) Order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody or control; OR b) Order any party to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying, or photographing the property or any designated relevant object or operation thereon.

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The court may upon proper application, compel the deponent/interrogatory, as the case may be, to answer an oral examination/an interrogatory submitted. (Rule 29, Secs. 1 and 2)



If the deponent/interrogatory still refuses, the court may cite him in contempt



The court may order the deponent, a party, or the counsel advising the refusal, or both of them, to pay the proponent the amount of reasonable expenses incurred in obtaining the order, including attorney‘s fees. (Rule 29, Sec. 1)



If the application for an order to compel a deponent to answer is denied because of the absence of a substantial justification, the court may require the proponent or the counsel advising the application, or both of them, to pay to the refusing party or deponent the amount of reasonable expenses incurred in opposing the application, including attorney‘s fees (Rule 29, Sec. 1)

This requires a motion to be filed by the party, and must include a showing that it is supported by good cause.


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

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

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As regards the matters on which the questions were asked, they may be ordered by the court to be taken as established in accordance with the claim of the party obtaining them. (Rule 29, Sec. 3(a))

O. TRIAL

The court may refuse to allow the disobedient party to refuse or support designated claims or defenses, or prohibit him from introducing in evidence designated documents or things or items of testimony, or evidence of physical or mental examination. (Rule 29, Sec. 3(b)) The court may (a) strike out pleadings or parts thereof, (b) stay the proceedings until the order is obeyed, (c) dismiss the action or any part thereof, or (d) render a judgment by default against the disobedient party. (Rule 29, Sec. 3(c)) The court may direct the arrest of the disobedient party or agent of the party, except when it is an order to submit to a physical or mental examination that is involved. (Rule 29, Sec. 3(d))

a)

c) d)

e) f) 

If the other party later on proves the genuineness of the document or truth of the matter being refused to be admitted as genuine by the party, then the court, upon proper application, may order the latter to pay to the former the reasonable expenses in making such proof, including attorney‘s fees. (Rule 29, Sec. 4)

Trial is a judicial process of investigating and determining the legal controversies between or among the parties.

B.

Period of trial terminates when judgment begins. ( Acosta v People) Hearing is broader as it includes pre-trial

b)

The court may consider the refusal as contempt of court (Rule 29, Sec. 2)

A.

Pleading of parties tender no issue at all: Judgment on the pleadings [ Rule 34] From pleadings and other papers, there‘s actually no genuine issue: Summary Judgment [ Rule 35] Parties entered into a compromise agreement or amicable settlement [Rule 18] Complaint dismissed with prejudice or dismissal has effect of an adjudication on the merits [ Sec 5, Rule 16; Sec. 3, Rule 17, Sec 5 last par., Rule 7 ] Case under Rules on Summary Procedure Parties agree in writing , upon the facts involved in the litigation, and submit the case for j udgment on the facts agreed upon, w/o introduction of evidence [Sec, 6, Rule 30 ] 5 days before trial date by clerk of

court [Sec.1 , Rule 30]

1. A DJOURNMENTS AND POSTPONEMENTS 

If failure is as regards the whole set of interrogatories: The court may (a) strike out all or any part of the pleading of the party failing to attend, (b) dismiss the action or any part thereof, or (c) enter a judgment by default against said party; and in its discretion, order him to pay reasonable expenses incurred by the other, including attorney‘s fees (Rule 29, Sec. 5) 7. - If failure is as regards a particular question only: Apply Rule 29, Sec. 3(c), supra.

Sec.2, Rule 30 (Trial) A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require, but shall have no power to adjourn a trial for a longer period than one month for each adjournment, nor more than three months in all, except when authorized in writing by the Court Administrator, Supreme Court. Court may adjourn from day to day to any stated time as the expeditious and convenient transaction of business may require,

8. COMPARE WITH MODES OF DISCOVERY A VAILABLE IN CRIMINAL C ASES

Can‘t adjourn a trial > 1 month for each adjournment, nor > 3 months in all

Rule 112, Sec. 3(b), paragraphs 2 and 3: The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense.

C.

may adjourn under conditions above when authorized in writing by the Court Administrator, Supreme Court.

Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party. Bayona/Cadorna/Dolot

should not be filed on the last hour especially when it could‘ve been filed earlier ( Republic v Sandiganbayan)

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III. Civil Procedure 2. R EQUISITES OF MOTION TO POSTPONE TRIAL

Sec.6, Rule 30 (Trial) Agreed statement of facts. The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence.

: Grant or denial of motion for postponement is addressed to the sound discretion of the court. Discretion must be exercised intelligently. [Milwaukee Industries v CTA]

If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe

a) FOR A BSENCE OF E VIDENCE

No trial because evidence would no longer be presented

Sec.3, Rule 30 (Trial) Requisites of motion to postpone trial for absence of evidence. A motion to postpone a trial on the ground of absence of evidence can be granted only upon affidavit showing the materiality or relevancy of such evidence, and that due diligence has been used to procure it. But if the adverse party admits the facts to be given in evidence, even if he objects or reserves the right to object to their admissibility, the trial shall not be postponed.

1. 2.

Trial held as to the disputed facts

4. ORDER OF TRIAL; R EVERSAL OF ORDER Sec.5, Rule 30 (Trial) Order of trial Subject to the provisions of section 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:

Motion for postponement filed Motion supported by affidavit or sworn certification showing that: a. materiality or relevancy of evidence, b. due diligence has been used to procure it.

(a) The shall adduce evidence in support of his complaint; (b) The shall then adduce evidence in support of his defense, counterclaim, cross-claim and third-party complaints; (c) The if any, shall adduce evidence of his defense, counterclaim, crossclaim and fourth-party complaint; (d) The , and so forth, if any, shall adduce evidence of the material facts pleaded by them; (e) The has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court; (f) The parties may then respectively adduce , unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and (g) Upon admission of the evidence, the case shall be , unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence.

Adverse party admits the facts to be given in evidence

b) FOR ILLNESS OF P ARTY OR COUNSEL Sec.4, Rule 30 (Trial) Sec. 4 Requisites of motion to postpone trial for illness of party or counsel A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or sworn certification that the presence of such party or counsel at the trial is indispensable and that the character of his illness is such as to render his non-attendance excusable.

1. 2.

Motion for postponement filed Motion supported by affidavit or sworn certification showing that: a. presence of party or counsel at trial is indispensable, b. character of his illness is such as to render his non-attendance excusable

Trial limited to issues stated in pre-trial order; 3.

A GREED STATEMENT OF F ACTS


follows order of trial in Sec. 5

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III. Civil Procedure Court directs otherwise for special reasons; subject to provisions of Sec. 2, Rule 31 (i.e. order separate trial of any claim, cross-claim or any separate issue)

1.

Introduction of evidence in support of original claim:

2. 3.

Plaintiff > Defendant > Third/Fourth/other party (if any) Offer rebutting evidence ONLY* Case deemed submitted for decision

order separate trial for claims or separate issue for convenience or to avoid prejudice

6. DELEGATION OF R ECEPTION OF E VIDENCE Sec.9, Rule 30 (Trial) Judge to receive evidence; delegation to clerk of court. The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. However, in default or ex parte hearings, and in any case where the parties agree in writing, the court may delegate the reception of evidence to its clerk of court who is a member of the bar. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits, which objections shall be resolved by the court upon submission of his report and the transcripts within ten (10) days from termination of the hearing.

*Sec. 5 (f) explained [Motion to reopen case to introduce further evidence]: After a party declared the completion of the presentation of his evidence, he is prevented from introducing further evidence on his original case Party may be permitted to adduce evidence on their original case even after the presentation of their original evidence for AND such reasons are . D. additional evidence is allowed when: 1) it is newly discovered; or 2) it has been omitted through inadvertence or mistake; or 3) purpose is to correct evidence previously offered [Republic v Sadiganbayan]

Judge of court where case is pending shall personally receive evidence Reception of evidence may be delegated to Clerk of Court* [member of the bar]: a) in default hearings b) in ex parte hearings c) in any case by written agreement of the parties

5. CONSOLIDATION OR SEVERANCE OF HEARING OR TRIAL

*Clerk of Court can‘t rule on any q uestion or to admission of exhibits

Rule 31 (Consolidation or Severance ) Consolidation. When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated, and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.

7. TRIAL BY COMMISSIONERS a) R EFERENCE BY CONSENT OR ORDERED ON MOTION Sec. 1 & 2, Rule 32 (Trial by Commissioner) Reference by Consent. By , the court may order any or all of the issues in a case to be to be agreed upon by the parties or to be appointed by the court. As used in these Rules, the word commissioner includes a referee, auditor and an examiner. Reference ordered on Motion. When , the court may, upon or of its motion, direct a reference to a commissioner in the following cases: a) When the trial of an issue of fact requires the examination of a long account on either side , in which case the commissioner may be directed to hear and report upon the whole issue or any specific question involved therein. b) When the taking of an account is necessary for the information of the court before judgment, or for

Separate trials. The court, in furtherance of convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party complaints or issues. subject matter involved and relief demanded in different suits make it expedient for the court to determine all of the issues involved and adjudicate the rights of the parties by hearing the suits together . [Steel Corp v Equitable PCI Bank ]


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Rule 33 (Demurrer to Evidence)

carrying a judgment or order into effect When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or for carrying a judgment or order into effect.

Demurrer to evidence. After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied he shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence.

b) POWERS OF THE COMMISSIONER

1. GROUND 2. EFFECT OF DENIAL 3. EFFECT OF GRANT 4. W AIVER OF R IGHT TO PRESENT E VIDENCE*

Sec. 3, Rule 32 (Trial by Commissioner) Order of reference; powers of the commissioner. When a reference is made, the clerk shall forthwith furnish the commissioner with a copy of the order of reference. The of the commissioner, and may direct him to report only upon , or to do or perform , or to and may fix the date for beginning and closing the hearings and for the filing of his report. Subject to other specifications and limitations stated in the order, the commissioner has and shall in every hearing before him and to

DEMURRER TO E VIDENCE 

Ground 

under the order. He may and subpoenas duces tecum, , and unless otherwise provided in the order of reference, he may . The trial or hearing before him shall proceed in all respects as it would if held before the court



Effect of Denial 

 

c) COMMISSIONER S R EPORT; NOTICE TO P ARTIES AND HEARING ON THE R EPORT ’

Effect of Grant 

Sec. 9 & 10, Rule 32 (Trial by Commissioner) Report of commissioner . Upon the completion of the trial or hearing or proceeding before the commissioner, he shall with the court his upon the matters submitted to him by the order of reference. When his powers are not specified or limited, he shall set forth his findings of fact and conclusions of law in his report. He shall attach thereto all exhibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him.

Upon the facts and the law the plaintiff has shown no right to relief Defendant to present his evidence order denying demurrer is interlocutory thus not appealable, remedy is certiorari Court action: order reception of defendant‘s evidence case shall be dismissed if on appeal it is reversed, defendant loses right to present evidence* Court action: render judgment on basis of evidence submitted by plaintiff; remand to TC is wrong

When is demurrer to evidence availed of? After plaintiff has completed the presentation of his evidence

Distinguished from Motion to Dismiss in Rule 16 When made

Notice to parties of the filing of report . Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed within which to to the findings of the report, if they so desire. to the report based upon grounds which were to the parties before the commissioner, other than objections to the findings and conclusions therein, set forth, shall not be considered by the court unless they were made before the commissioner .

Grounds

Effect of denial

Effect of grant

DTE

MTD

After plaintiff rests his case Only one ground [Plaintiff not entitled to relief]; res judicata not a ground Defendant to present evidence Complaint may not be refilled, remedy of plaintiff is to appeal order or dismissal

Before filing of an answer Many grounds [See Rule 16]; res judicata proper ground Defendant to file responsive pleading Complaint may be refilled, depends on ground of dismissal

P. DEMURRER TO E VIDENCE Bayona/Cadorna/Dolot

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III. Civil Procedure 5. DEMURRER TO E VIDENCE IN A CIVIL C ASE

v.

VERSUS DEMURRER TO E VIDENCE IN A

CRIMINAL C ASE CIVIL C ASE How filed Effect if demurrer is granted Effect if demurrer is denied

Without court

leave

CRIMINAL C ASE of

Leave of court/without leave of court Dismissal of CASE is Dismissal of CASE appealable appealable because of double jeopardy Defendant may Defendant may only present evidence adduce evidence if filed w/ leave of Ct

A judge who was permanently transferred to another court of equal jurisdiction before the case heard by him was decided may validly prepare and sign his decision on the said case and send the same to the court where he was originally assigned.

refers to the judgment that disposes of a case in a manner that leaves nothing more to be done by the court in respect thereto (as opposed to an interlocutory order).

1. JUDGMENT W ITHOUT TRIAL There could be a judgment on the merits even if there is no trial.

Q. JUDGMENTS AND FINAL ORDERS

A ruling based on a MTD, without any trial or formal presentation of evidence, i.e. on the ground of failure to state a cause of action

the final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it in an action or proceeding.

Jurisprudence does not require that a judgment on the merits be one rendered after a full blown trial.

2. CONTENTS OF A JUDGMENT a. b. c. d. e. f.

i.

ii.

iii.

iv.

Court of tribunal must be clothed with authority to hear and determine the matter before it Jurisdiction over the parties and subject matter Opportunity to adduce evidence Evidence must have been considered by the tribunal in deciding the case Judgment must be in writing, personally and directly prepared by the judge Judgment must state clearly the facts and the law on which it is based, signed by the judge and filed with the clerk of court

a) b)

In case of conflict between the ratio decidendi and fallo, the latter prevails. This rests on the theory that the fallo is the final order while the opinion in the body is merely a statement ordering nothing. Where the inevitable conclusion from the body of the decision is so clear that there was a mere mistake in the dispositive portion, the body of the decision shall prevail.

A decision with nothing to support it is a patent nullity and should be struck down and set aside as void. A void judgment has no legal and binding effect, force or efficacy for any purpose. It is not only judgments which must distinctly and clearly state the facts and law. The ff. also have such requirement: a. Resolutions disposing of a MTD – this requirement proscribes the common practice of perfunctorily dismissing a MTD for lack of merit. On the other hand, for interlocutory orders and memorandum decisions, there is such requirement. It is not necessary that the judge who heard the evidence be the same judge who shall pen the decision. He may base the decision on the evidence on record. Judgment penned by a judge who had ceased to be a judge (i.e. retirement) cannot acquire a binding effect.


Ratio Decidendi (body) Fallo (dispositive)

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3. JUDGMENT ON THE PLEADINGS The concept of a judgment on the pleadings will when no answer is filed. It will come into operation when an answer is served and filed but the same fails to tender an issue or admits the material allegations of the adverse party‘s pleading ( Sec. 1, Rule 34 ). An answer fails to tender an issue when the material allegations of the other party are admitted and not specifically denied by the pleader. Under the rules, material allegations of the complaint not specifically denied are deemed admitter. A

CANNOT be rendered by court . It can only be done where there is a prior motion to the effect filed by the appropriate party ( Sec. 1, Rule 34)



In default under Rule 9, the judgment shall not exceed the amount or be different in kind from that prayed for. Liquidated damages are not to be awarded. It provides: ―Thereupon, the court shall proceed to render Civ Pro -Eleazar

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III. Civil Procedure judgment granting the claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to submit evidence.





or contested, proceedings for summary judgment cannot take the place of trial.

In case of non-appearance of the defendant in pre-trial under Rule 18, it ―shall be a cause to allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis thereof.‖ In judgment on the pleadings under Rule 34, the court may direct judgment on such pleading.

a) FOR THE CLAIMANT 

Can a motion for judgment on the pleadings be granted ex parte?



at any time (Sec. 2 Rule 35 )

c) W HEN THE C ASE NOT FULLY A DJUDICATED 

the court shall ascertain not only what material facts are actually and in good faith controverted but also what material facts exist without substantial controversy ( Sec. 4 Rule 35 )

d) A FFIDAVITS AND A TTACHMENTS 

Note, under Sec. 2, Rule 18, during the pre-trial, the court shall consider “(g) the propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist.”

b. c. *in the above complaint shall

at any time after the pleading in answer thereto has been served (Sec. 1 Rule 35 )

b) FOR THE DEFENDANT

The SC in Dino v. Valencia, 175 SCRA 406, explained that Sec. 1 of Rule 34 (formerly Sec. 1 of Rule 19) does not state whether the motion for judgment on the pleading may be considered ex-parte or only after notice of hearing served on the adverse party. A , where the answer admits all the material averments of the complaint is one that because, upon the particular facts presented and laid before the court, the plaintiff is entitled to the judgment. Besides, the purpose of the law in requiring the filing of motions at least 3 days before the hearing thereof is to avoid surprises upon the opposite party and to give the latter time to study and meet the arguments of the movant. This purpose has been sufficiently complied with, the petitioner having filed an opposition to the said motion.

a.

When the facts as pleaded by the parties are disputed

Actions for declaration of nullity of a marriage Actions for annulment of marriage Actions for legal separation cases, the material facts alleged in the always be proved.

where affidavits were presented in bad faith, or solely for the purpose of delay, the court shall order the offending party or counsel to pay the amount of reasonable expenses which the filing of affidavits caused him to incur, including attorney‘s fees. It may, after hearing, further adjudge the offending party or counsel guilty of contempt ( Sec. 6 Rule 35 )

5. JUDGMENT ON THE PLEADINGS VERSUS

SUMMARY JUDGMENTS

Requisite Who may file the motion

4. SUMMARY JUDGMENTS 



A summary judgment, also called accelerated judgment, is proper where, filed after the issues had been joined and o the basis of the pleadings and papers filed, the court finds that there is as to any material fact.

JUDGMENT ON THE PLEADINGS

SUMMARY JUDGMENT

No factual issue Claiming party, i.e. plaintiff or a counterclaimant Pleading only

No genuine issue Either claiming or defending party

Basis Notice Requirement

By is meant an issue of fact which calls for the presentation of evidence as distinguished from an issue which is fictitious and contrived, set up in bad faith and patently unsubstantial so as not to constitute a genuine issue for trial.

Pleadings, affidavits, depositions and admissions

3 days

6. R ENDITIONS OF JUDGMENTS AND FINAL

ORDERS – Sec. 5, Rule 36 – When more than one claim for relief is presented in an action, the court, at any stage, upon determination of the issues material to a


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III. Civil Procedure particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim, may render a separate judgment disposing of such claim.

Filing of a petition for relief, as one of its periods, not more than 6 mos. from the entry of judgment or final order (Sec. 3 Rule 38 )

– Sec. 4, Rule 36 – In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others. Justice Feria pointed out that a several judgment is an example of a multiple appeal. Justice Herrera however observed that under Sec. 1 (f), Rule 41, no appeal may be taken from ―a judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints while the main case is pending, unless the court allows an appeal therefrom.‖

R. POST-JUDGMENT R EMEDIES The remedies against a judgment may refer to those remedies before a judgment becomes final and executory and those remedies after the same becomes executory. i. MR, New Trial and Appeal ii. Petition for relief from judgment, action to annul a judgment, certiorari and collateral attack of a judgment

1. MOTION FOR NEW TRIAL OR R ECONSIDERATION

– Sec. 4, Rule 35 – If on motion for summary judgment, judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial controversy and what are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. The facts so specified shall be deemed established and trial shall be conducted on the controverted facts accordingly.



must be in writing



served to the adverse party



anchored on the proper grounds

Both MR and NT are and

allowed in

a) GROUNDS – (i) damages awarded are excessive, (ii) that the evidence is insufficient to justify the decision or final order, or (iii) that the decision or final order is contrary to law

A partial summary judgment does not however finally and dispose of the action. It is merely an not a final judgment and is . As explained in GSIS v. Philippine Village Hotel, 438 SCRA 567, ―what the rules contemplate is that the appeal from the partial summary judgment shall be taken together with the judgment that may be rendered in the entire case after a trial is conducted on the material facts on which a substantial controversy exists.

7. ENTRY OF JUDGMENT AND FINAL ORDER physical act performed by the clerk of court in entering the dispositive portion of the judgment in the books of entries on judgment after the same has become final and executor.

– (i) FAME or (ii) Newly discovered evidence , it shall be supported by affidavits of merit, which state the meritorious defense of the moving party. Such should state facts, and not mere opinions or conclusions of law. it shall be supported by (a) affidavits of the witnesses by whom such evidence is expected to be given, or (b) by duly authenticated documents which are proposed to be introduced in evidence.

a. b.

c.

Under Sec. 2 Rule 36 , the DATE OF FINALITY of the judgment or final order shall be to be the DATE OF THE ENTRY. This rule is irrespective of the actual date when the physical act of entry was made (to eliminate confusion).

d.

The evidence was discovered after trial; That such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence; That it is material, not merely cumulative, corroborative or impeaching; and The evidence is of such weight that it would probably change the judgment if admitted.

b) W HEN TO FILE For reckoning dates on— a. Execution of a judgment by a motion within 5 years from the entry of judgment ( Sec.6 Rule 39) Bayona/Cadorna/Dolot



15 days after notice

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When MR or NT is denied, the moving party has a the judgment or final order (not the denial of MR or NT). The reckoning date is from the notice of denial of MR or NT.

Denial of the motion will

i. ii.

iii. iv. v.

Neypes v. CA - SC cited cases of Quelnan v. VHF Phil. (July 7, 2004) and Apuyan v. Haldeman (September 20, 2004) where it was held that an order denying a motion for reconsideration of a judgment is a final order contemplated in , which states that the appeal shall be taken within 15 days from notice of judgment final order appealed from. Hence, the use of ―or‖ in the above provision supposes that the notice of appeal may be filed within 15 days from the notice of judgment or within 15 days from notice of the ―final order, xxx denying the motion for a new trial or reconsideration. In both cases, the SC said the petitioner had the remaining time of the 15-day appeal period to file a notice of appeal.

It was the 2 nd MR It did not comply with the rule that the motion must specify the findings and conclusions alleged to be contrary to law or not supported by the evidence It failed to substantiate the alleged errors It merely alleged that the decision in question was contrary to law The adverse party was not given notice thereof

– Under Sec. 9 Rule 37, to appeal from the judgment or final order. Note that effective Dec. 27, 2007, amendments to Rule 41 by A.M. No. 07-7-12-SC disallowed the recourse to petition for certiorari under Rule 65.

2nd par. of Sec. 3, Rule 41 says..."The period to appeal shall be interrupted by a timely motion for new trial or reconsideration..." SC held (a) to standardize the appeal periods and (b) to afford litigants fair opportunity to appeal their cases, it was deemed practical to allow a fresh period of 15 days. The rule applies to

. A motion for NT shall include all the ground then available. Those not so included are deemed waived. However, when a ground for NT was not existing or available when the first motion was made, a second motion for NT may be filed within the

The fresh period rule becomes significant only when a party opts to file a motion for new trial or motion for reconsideration.

period allowed by excluding the time during which the first motion had been pending ( Sec. 5 Rule 37).

f) COMPARE WITH MOTION FOR NEW TRIAL OR R ECONSIDERATION IN CRIMINAL C ASES

d) GRANT OF THE MOTION; EFFECT MR or New Trial shall be resolved within time it is submitted for resolution.

from the

– If the court finds that excessive damages have been awarded or that the judgment or final order is contrary to the evidence or law, it may amend such judgment or final order accordingly.

Grounds

– If a new trial is granted, the original judgment is vacated. The case stands for trial de novo and will be tried anew. The recorded evidence taken upon the former trial shall be used at the new trial without retaking the same if the evidence is material and competent ( Sec. 6, Rule 37).

When filed

– applies when the issues are severable and the court finds that a motion affects only a part, or less tan all of the matters in controversy. The court may either enter a judgment or final order as to the rest, or stay the enforcement of such judgment or final order until after the new trial (Sec. 8, Rule 37)

e) R EMEDY WHEN MOTION IS DENIED, FRESH 15-DAY PERIOD R ULE


Grounds

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CIVIL

CRIMINAL

1.FAME 2.Newly discovered evidence (same requisites) Filed after judgment is rendered but before the finality thereof

1.errors of law or irregularities 2.new and material evidence discovered (same requisites) Filed after judgment is rendered but before the finality thereof

CIVIL

CRIMINAL

1.damages awarded are excessive 2.that the evidence is insufficient to justify the decision or final order

1.errors of law 2.errors of fact in the judgment, which require no further proceedings

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A2016 Civ Pro Midterms Reviewer.pdf

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