UST GN 2011 - Remedial Law Proper

GENERAL PRINCIPLES

7.

I. GENERAL PRINCIPLES

Court decisions (Herrera, Vol. I, p. 2, 2007 ed.)

A. CONCEPT OF REMEDIAL LAW Q: What is procedural rule? Q: What is the concept of remedial law? A: Procedural rule is the judicial process for A: It is a branch of public law, which prescribes the

procedural rules to be observed in litigations, whether civil, criminal, or administrative, and in special proceedings, as well as the remedies or reliefs available in each case. (2006 Bar Question) Q: What is the importance of remedial law? A: It plays a vital role in the administration of justice. It lies at the very core of procedural due process, which means a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial, and contemplates an opportunity to be heard before judgment is rendered (Herrera, Vol. I, p. 1, 2007 ed.) B. SUBSTANTIVE LAW AS DISTINGUISHED FROM REMEDIAL LAW Q: Distinguish substantive and remedial law A: Substantive Law

Remedial Law

Part of the law which creates, defines or regulates rights concerning life, liberty or property or the powers of agencies or instrumentalities instrumentalities for the administration of public affairs.

Refers to the legislation providing means or methods whereby causes of action may be effectuated, wrongs redressed and relief obtained (also known as

Creates vested rights. Prospective in application.

Cannot be enacted by the Supreme Court.

Q: What are the principal sources of remedial law? A:

3. 4. 5. 6.

Note: If the rule takes away a vested right, it is not

procedural. If the rule creates a right such as the right to appeal, it may be classified as substantive matter; but if it operates as a means of implementing an existing right, then the rule deals merely with procedure (Fabian v. Desierto, G.R. No. 129742, Sept. 16, 1998).

Q: How are remedial laws implemented in our system of government? A: They are implemented through the judicial

system, including the prosecutory service of courts and quasi-judicial agencies. (2006 Bar Question) C. RULE-MAKING POWER OF THE SUPREME COURT 1. LIMITATIONS ON THE RULE-MAKING POWER OF THE SUPREME COURT Q: What are the limitations on the rule-making power of the Supreme Court? A:

1.

Adjective Law).

Does not create vested rights Retroactive in application The Supreme Court is expressly empowered to promulgate procedural rules. (2006 Bar Question)

1. 2.

enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for their disregard or infraction.

Constitution Different laws creating the judiciary, defining and allocating jurisdiction to courts of different levels Procedural laws and rules promulgated by the Supreme Court Circulars Administrative orders Internal rules

2. 3.

It shall provide a simplified and inexpensive procedure for the speedy disposition of cases. The rules must be uniform for all the courts of the same grade. The rules must not diminish, increase or modify substantive rights (Cruz, Philippine Political Law, p. 281, 2002 ed.)

2. POWER OF THE SUPREME COURT TO AMEND AND SUSPEND PROCEDURAL RULES Q:

May the Supreme Court suspend the application of the Rules of Court and exempt a case from its operation?

A: Yes. In the interest of just and expeditious

proceedings, the Supreme Court may do so because the Rules were precisely adopted with the primary objective of enhancing fair trial and expeditious justice. (Republic v. CA, G.R. No. L-31303, May 31, 1978)

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R SI T Y O F VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

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UST GOLDEN NOTES 2011

D. NATURE OF PHILIPPINE COURTS 1. MEANING OF A COURT Q: What is a court?

5. COURTS OF GENERAL AND SPECIAL JURISDICTION Q: Distinguish Courts of general jurisdiction from special jurisdiction.

A: It is an organ of the government, belonging to the judicial department, whose function is the application of laws to controversies brought before it and the public administration of justice. ( Black’s Law Dictionary ) 2. COURT AS DISTINGUISHED FROM A JUDGE Q: Distinguish court from a judge Court

Judge

Entire body in which the judicial power is vested May exist without a present judge Disqualification of a judge does not affect the court

Only an officer or member of the court There may be a judge without a court May be disqualified

3. CLASSIFICATION OF PHILIPPINE COURTS

A: Courts of General jurisdiction

Courts of Special jurisdiction

Takes cognizance of all cases , civil or criminal, of a particular nature, or courts whose judgment is conclusive until modified or reversed on direct attack, and who are competent to decide on their own jurisdiction

Takes cognizance of special jurisdiction for a particular purpose, or are clothed with special powers for the performance of specified duties, beyond which they have no authority of any kind

6. CONSTITUTIONAL AND STATUTORY COURTS Q: Distinguish constitutional court from statutory court. A: Constitutional Court

Statutory Court

Q: What are the classifications of Philippine courts?

Created by the constitution e.g. SC

A:

Cannot be abolished by Congress without amending the Constitution

Created by law e.g. CTA May be abolished by Congress by just simply repealing the law which created those courts

1.

2.

3.

Regular courts (Supreme Court, Court of Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts , Municipal Circuit Trial Courts) Special courts (Sandiganbayan, Court of Tax Appels, Shari'a District Courts, Shari'a Circuit Courts) Quasi-courts or Quasi-judicial agencies (e.g Civil Service Commission)

4. COURTS OF ORIGINAL AND APPELLATE JURISDICTION

7. COURTS OF LAW AND EQUITY Q: Distinguish Courts of law from equity. A: Courts of Law

Any tribunal duly administering the laws of the land

Q: Distinguish Courts of original jurisdiction from Courts of appellate jurisdiction. A: Courts of Original jurisdiction

Courts exercising jurisdiction in the first instance

2

Courts of Appellate jurisdiction

Superior Courts reviewing and deciding cases previously decided by a lower court

Courts of Equity

Any tribunal administering justice outside the law, being ethical rather than jural and belonging to the sphere of morals rather than of law. It is grounded on the precepts of conscience and not on any sanction of positive law, for equity finds no room for application where there is law. (Herrera, Vol. I, p. 18, 2007 ed.)

Decides a case according to what the promulgated law is

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

REMEDIAL LAW TEAM: UIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.; ADVISER: JUDGE MYRA B. Q UIAMBAO SUBJECT HEAD: ANGELI P. ALBAÑA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO, MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,

KRISTINE P. MIJARES, DONNA GRAGASIN, EDELISE D. PINEDA, SHERY PAIGE A. LIM, MARA KHRISNA CHARMINA F. MENDOZA, UNICA AMOR R. MANANQUIL, MICHAEL ANGELO V. FLORES; CONTRIBUTORS: VICENTE JAN O. PLATON III, RONN ROBBY D. ROSALES

GENERAL PRINCIPLES

Q: What are courts of record? A: These are courts whose proceedings are enrolled

and which are bound to keep written records of all trials and proceedings handled by them. R.A. No. 6031 mandates all Municipal Trial Courts to be courts of record. 8. PRINCIPLE OF JUDICIAL HIERARCHY Q: What is the policy of Judicial Hierarchy or hierarchy of courts? A: A higher court will not entertain direct resort to

it unless the redress desired cannot be obtained in the appropriate courts. The Supreme Court is a court of last resort and must so remain if it is to satisfactorily perform assigned to it. (1996 Bar Question) 9. DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY Q: What is Doctrine of Non-Interference or Judicial Stability? A: Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders. Thus, the

RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a coequal court over which it has no appellate jurisdiction or power of review. Note: GR: No court has the authority to interfere by

injunction with the judgment of another court of coordinate jurisdiction or to pass upon or scrutinize and much less declare as unjust a judgment of another court. XPN: The doctrine does not apply where a third party claimant is involved (Santos v. Bayhon, G.R. No. 88643, July 23, 1991).


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II. JURISDICTION

Q: Distinguish jurisdiction over the subject matter from jurisdiction over the person.

Q: What is jurisdiction? A: It is the power and authority of a court to try,

hear, and decide a case and to carry its judgments into effect (Latin: “juris” and “dico,” which literally means “I speak of the law ”). Q: Is the statement that “Jurisdiction is conferred by substantive law“ accurate?

A: Jurisdiction Over the Subject Matter Determined by the allegations of the complaint (Riano, Civil Procedure: A Restatement for the Bar, p. 144, 2009 ed.)

Jurisdiction Over the Person

Acquired by the filing of the petition in case of the plaintiff or by arrest (Rule 113), by valid service of summons or voluntary submission to the

Q: How is jurisdiction over the plaintiff acquired?

XPN: Where the real issues are evident from the record of the case, jurisdiction over court’s authority in the subject matter cannot be case of the defendant made to depend on how the (Ibid. p. 158) parties word or phrase their pleadings (Herrera, Vol. I, p. 2, 2007 ed.) e.g. in ejectment cases in which the defendant averred the defense of the existence of tenancy relationship between the parties (Ibid p.148)

acquired from the moment of filing the A: It is acquired

Note: Tenancy relationship is

A: No, because only jurisdiction over the subject matter is conferred by substantive law. Jurisdiction over the parties, issues and res is governed by

procedural laws. A. JURISDICTION OVER THE PARTIES 1. HOW JURISDICTION OVER THE PLAINTIFF IS ACQUIRED

complaint, petition or initiatory pleading. 2. HOW JURISDICTION OVER THE DEFENDANT IS ACQUIRED Q: How is jurisdiction over the defendant acquired? A: It is acquired either:

a. b. c.

By his voluntary appearance in court and his submission to its authority By service of summons Other coercive process upon him

Note: Jurisdiction over the defendant is not essential in actions in rem or quasi in rem as long as the court has jurisdiction over the res (Herrera, Vol. I, p. 114, 2007 ed.)

B. JURISDICTION OVER THE SUBJECT MATTER 1. MEANING OF JURISDICTION OVER THE SUBJECT MATTER Q: What is jurisdiction over the subject matter?

not presumed and it is not enough that it is alleged. There must be evidence to prove that it exists and that all its elements are established (Salmorin v. Zaldivar, G.R. No. 169691, July 23, 2008).

Conferred by law which may be either the Constitution or a statute (Ibid. p. 143) Cannot be conferred by the agreement of the parties, by contract or by parties’ silence or acquiescence Ibid. p. 144)

It is sometimes made to depend, indirectly at least, on the party’s

volition GR: The appearance of

the defendant in whatever form is submission to the jurisdiction of the court XPN: If the appearance is to object or question the court’s jurisdiction (Ibid. p. 161) Note: In criminal cases, jurisdiction over the accused is always required

A: It is the power to deal with the general subject

involved in the action, and means not simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which the particular case belongs. It is the power or authority to hear and determine cases to which the proceeding in question belongs.

4



JURISDICTION

2. JURISDICTION VERSUS THE EXERCISE OF JURISDICTION Q: Distinguish jurisdiction.

jurisdiction

from

exercise

5. DOCTRINE OF PRIMARY JURISDICTION of

Q: What is Doctrine of Primary Jurisdiction? A: Courts will not resolve a controversy involving a

A: Jurisdiction is the authority to hear and decide cases. On the other hand, e xercise of jurisdiction is

any act of the court pursuant to such authority, which includes making decisions. 3. ERROR OF JURISDICTION AS DISTINGUISHED FROM ERROR OF JUDGMENT

question which is within the jurisdiction of an administrative tribunal, especially where the question demands the exercise of sound administrative discretion requiring the special knowledge and experience of said tribunal in determining technical and intricate matters of fact (Villaflor v. CA, G.R. No. 95694, Oct. 9, 1997).

Q: Distinguish error of jurisdiction from error of judgment.

Q: What is Doctrine of Ancillary Jurisdiction? A: It involves the inherent or implied powers of the

A:

court to determine issues incidental to the exercise of its primary jurisdiction.

Error of Jurisdiction

Error of Judgment

One where the court, officer or quasi-judicial body acts without or in excess of jurisdiction, or with grave abuse of discretion Renders a judgment void or at least voidable Correctible by certiorari

One that the court may commit in the exercise of jurisdiction; it includes errors of procedure or

There is an exercise of jurisdiction in the absence of jurisdiction

mistakes in the court’s

findings Does not make the court’s

decision void Correctible by appeal The court acted with jurisdiction but committed procedural errors in the appreciation of the facts or the law (1989 Bar Question)

Note: discussion on how jurisdiction is conferred is on

page 4. Q: What are the instances in which jurisdiction cannot be conferred? A:

3. 4. 5.

6.

By the administrative policy of any court; A

court’s

unilateral

assumption

determine all questions relative to the matters brought before it, regulate the manner in which a trial shall be conducted, determine the hours at which the witnesses and lawyers may be heard, and grant an injunction, attachment or garnishment. 6. DOCTRINE OF ADHERENCE TO JURISDICTION Q: What is Doctrine of Adherence to Jurisdiction or Continuity of Jurisdiction? A: GR: Jurisdiction, once attached, cannot be

4. HOW JURISDICTION IS CONFERRED AND DETERMINED

1. 2.

Note: Under its ancillary jurisdiction, a court may

ousted by subsequent happenings or events although of a character which would have prevented jurisdiction from attaching in the first instance, and the court retains jurisdiction until it finally disposes of the case. XPNs:

1.

2.

of

jurisdiction; An erroneous belief by the court that it has jurisdiction; By the parties through a stipulation e.g. contract; The agreement of the parties acquired through, or waived, enlarged or diminished by, any act or omission of the parties; Parties silence, acquiescence or consent (Riano, Civil Procedure: A Restatement for the Bar, p. 143, 11th ed.).

3.

4.

Where a subsequent statute expressly prohibits the continued exercise of jurisdiction; Where the law penalizing an act which is punishable is repealed by a subsequent law; 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; Where the statute expressly provides, or is construed to the effect that it is intended to operate as to actions pending before its enactment;


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5.

When the proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void; Once appeal has been perfected; Curative statutes (Herrera, Vol. I, p. 106,

6. 7.

because it cannot be tolerated by reason of public policy (Filipinas Shell Petroleum Corp. v. Dumlao, G.R. No. L-44888, Feb. 7, 1992). 3.

2007 ed.). Q: Does retroactivity of a law affect jurisdiction? A: No. Jurisdiction being a matter of substantive

law, the established rule is that statute in force at the time of the commencement of the action determines jurisdiction. (Herrera, Vol. I, p. 105, 2007 ed.) 7. OBJECTIONS TO JURISDICTION OVER THE SUBJECT MATTER Q: What is the effect of lack of jurisdiction over the subject matter? A: When it appears from the pleadings or evidence

on record that the court has no jurisdiction over the subject matter, the court shall dismiss the same. (Sec. 1, Rule 9). The court may on its own initiative object to an erroneous jurisdiction and may ex mero motu take cognizance of lack of jurisdiction at any point in the case and has a clearly recognized right to determine its own jurisdiction (Riano, Civil Procedure: A Restatement for the Bar, p. 154, 2009 ed.). Q: May jurisdiction of the court be raised or questioned at any time?

A party who invokes the jurisdiction of the court to secure affirmative relief against his opponents cannot repudiate or question the same after failing to obtain such relief (Tajonera v. Lamaroza, G.R. No. L-48907, 49035, Jan. 19, 1982).

Note: Under the Omnibus Motion Rule, a motion

attacking a pleading like a motion to dismiss shall include all grounds then available and all objections not so included shall be deemed waived. The defense of lack of jurisdiction over the subject matter is however, a defense not barred by the failure to invoke the same in a motion to dismiss already filed. Even if a motion to dismiss was filed and the issue of jurisdiction was not raised therein, a party may, when he files an answer, raise the lack of jurisdiction as an affirmative defense because this defense is not barred under the omnibus motion rule. Q: Will the failure to exhaust administrative remedies affect the jurisdiction of the court? A: GR: No. It is not jurisdictional but the case will

be dismissed on the ground of lack of cause of action. It only renders the action premature. (Carale v. Abarintos, G.R. No. 120704, March 3, 1997; Pestanas v. Dyogi, 81 SCRA 574) XPN:

A: GR: Yes. The prevailing rule is that jurisdiction

over the subject matter may be raised at any stage of the proceedings (Riano, Civil Procedure:

Before a party may be allowed to invoke the jurisdiction of the courts, he is expected to have exhausted all means of administrative redress (Herrera, Vol. I, p. 267, 2007 ed.).

A Restatement for the Bar, p. 154, 2009 ed.). Note: Jurisdiction can be questioned even for the first time on appeal (Herrera, Vol. I, p. 91, 2007 ed.)

1. 2.

XPNs: 1. Estoppel by laches. SC barred a belated

3.

objection to jurisdiction that was raised only after an adverse decision was rendered by the court against the party raising the issue of jurisdiction and after seeking affirmative relief from the court and after participating in all stages of the proceedings(Tijam v. Sibonghanoy, G.R.

4.

No. L-21450, Apr. Apr. 15, 1968).

7.

Public policy – One cannot question the jurisdiction which he invoked, not because the decision is valid and conclusive as an adjudication, but

8.

2.

6

XPNS TO THE XPN:

5. 6.

Question raised is purely legal; When the administrative body is in estoppels; When the act complained of is patently illegal; When there is need for judicial intervention; When the respondent acted in disregard of due process; When the respondent is the alter-ego of the President, bear the implied or assumed approval of the latter; When irreparable damage will be suffered; When there is no other plain, speedy and adequate remedy;



JURISDICTION

9.

When strong public interest is involved; and 10. In quo warranto proceedings (Herrera,

involving the status of the parties or suits involving the property in the Philippines of non-resident defendants.

Vol. I, p. 268, 2007 ed.) E. JURISDICTION OF COURTS Note: The rule on exhaustion of administrative

remedies and doctrine of primary jurisdiction applies only when the administrative agency exercises quasi judicial or adjudicatory function (Associate Communications and Wireless Services v. Dumalao, G.R. 136762, Nov. 21, 2002).

8. EFFECT OF ESTOPPEL ON OBJECTIONS TO JURISDICTION Q: What is the effect of estoppel by failure to object lack of jurisdiction?

participation of a party in a case is A: The active participation tantamount to recognition of that court’s jurisdiction and will bar a party from impugning the court’s jurisdiction. This only applies to exceptional

circumstances. (Francel Realty Corp. v. Sycip, 469 SCRA 424; Concepcion v. Regalado, GR 167988, Feb. 6, 2007). C. JURISDICTION OVER THE ISSUES Q: What is jurisdiction over the issues?

power of the court court to try and decide A: It is the power issues raised in the pleadings of the parties or by their agreement in a pre-trial order or those tried by the implied consent of the parties. It may also be conferred by waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings D. JURISDICTION OVER THE RES OR PROPERTY IN LITIGATION Q: How is jurisdiction over the res acquired? A: It is acquired either by:

1. The seizure of the property under legal process. 2. As a result of the institution of legal proceedings, in which the power of the court is recognized and made effective. (Banco Español Filipino vs. Palanca, 37 Phil. 291).

3. The court by placing the property of thing under its custody ( custodia legis). Example: attachment of property. 4. The court through statutory authority conferring upon it the power to deal with the property or thing within the court’s

territorial jurisdiction. Example: suits

Q: Which court has jurisdiction over the following? A: 1.

Boundary dispute between municipalities

RTCs are courts of general jurisdiction. Since there is no legal provision specifically governing jurisdiction over boundary disputes between a municipality and an independent component city of the same province, it follows that RTCs have the power and authority to hear and determine such controversy (Municipality of Kananga v. Madrona, G.R. No. 141375, Apr. 30, 2003). 2.

Expropriation

It is within the jurisdiction of the RTC because it is incapable of pecuniary estimation. It does not involve the recovery of sum of money. Rather, it deals with the exercise by the government of its authority and right to take property for public use. 3.

Labor dispute

An action for damages for abuse of right as an incident to dismissal is within the exclusive jurisdiction of the labor arbiter. But the labor arbiter has no jurisdiction for claims of damages based on quasi-delict which has no reasonable connection with the employeremployee relations claims under the Labor Code (Ocheda v. CA, G.R. No. 85517, Oct. 16, 1992). Note: Where no employer-employee employer-employee relationship

exists between the parties and no issue involved may be resolved by reference to the Labor Code, other labor statutes or any collective bargaining agreement, it is the regular courts that has jurisdiction (Jaguar Security Investigation Agency v. Sales, G.R. No. 162420, Apr. 22, 2008).

4.

Forcible entry and unlawful detainer

The MTC has exclusive original jurisdiction. In such cases, when the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the question of ownership, the issue of ownership shall be resolved only to determine the issue of possession. All

ejectment cases are covered by the Rule on Summary Procedure and are within the jurisdiction of the inferior courts regardless of whether they involve questions of ownership.


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The courts in ejectment cases may determine questions of ownership whenever necessary to decide the question of possession (Gayoso v.

for reconsideration in accordance with Rule 45 of the Rules of Court (Sec. 27, R.A. 6770).

Twenty-Two Realty Development Corp., G.R. No. 147874, July 17, 2006; Santiago v. Pilar Development Corp., G.R. No. 153628, July 20, 2006).

7.

5.

Authority to conduct administrative investigations over local elective officials and to impose preventive suspension over elective provincial or city officials

It is entrusted to the Secretary of Local Government and concurrent with the Ombudsman upon enactment of R.A. 6770. There is nothing in the Local Government Code of 1991 to indicate that it has repealed, whether expressly or impliedly, the pertinent provisions of the Ombudsman Act (Hagad v. Dadole, G.R. No. 108072, Dec. 12, 1995). 6. Appeals involving orders arising from administrative disciplinary cases originating from the Office of the Ombudsman

It may be appealed to the Supreme Court by filing a petition for certiorari within 10 days from receipt of the written notice of the order, directive or decision or denial of the motion

Public school teachers

Generally, the Ombudsman must yield to the Division School Superintendent in the investigation of administrative charges against public school teachers (Ombudsman v. Galicia, G.R. No. 167711, Oct. 10, 2008). 8. Enforcement of a money claim against a local government unit

Commission on Audit (COA) has the primary jurisdiction to pass upon the money claim. It is within the COA's domain to pass upon money claims against the government or any subdivision thereof as provided for under Section 26 of the Government Auditing Code of the Philippines. Courts may raise the issue of primary jurisdiction sua sponte (on its own will or motion; means to act spontaneously without prompting from another party) and its invocation cannot be waived by the failure of the parties to argue it as the doctrine exists for the proper distribution of power between judicial and administrative bodies and not for the convenience of the parties (Euro-Med Laboratories, Phil., Inc. v. Province of Batangas, G.R. No. 148106, July 17, 2006).

1. SUPREME COURT Civil Cases

Criminal Cases Exclusive Original

Petitions for issuance of writs of certiorar i,i, prohibition and mandamus against the following: 1. Court of Appeals 2. Commission on Elections En Banc 3. Commission on Audit 4. Sandiganbayan

Petitions for issuance of writs of certiorari , prohibition and mandamus against the following: 1. Court of Appeals 2. Sandiganbayan

Appellate

1.

2.

8

Appeal by petition for review on certiorari : a. Appeals from the CA; b. Appeals from the CTA; c. Appeals from RTC exercising original jurisdiction in the following cases: i. If no question of fact is involved and the case involves: a) Constitutionality or validity of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation b) Legality of tax, impost, assessments, or toll, or penalty in relation thereto c) Cases in which jurisdiction of lower court is in issue ii. All cases in which only errors or questions of law are involved. – filed within 30 days against Special civil action of certiorari – the COMELEC / COA

1.

In all criminal cases involving offenses from which the penalty is reclusion perpetua or life imprisonment and those involving other offenses, which although not so punished arose out of the same occurrence or which may have been committed by the accused on the same occasion Note: In criminal cases, when the penalty imposed

is life imprisonment or reclusion perpetua, appeal is automatic to the CA. (A.M. No. 04-9-05-SC; People v. Mateo y Garcia, G.R. No. 147678-87, July 7, 2004)

2. 3. 4. 5.

Criminal cases in which the death penalty is imposed by the Sandiganbayan Appeals from the CA; Appeals from the Sandiganbayan; Appeals from RTC in which only errors or questions of law are involved.



JURISDICTION

Concurrent With CA

1.

Petitions for issuance of writs of certiorari , prohibition and mandamus against the following: a. NLRC under the Labor Code.

Petitions for issuance of writs of certiorari , prohibition and mandamus against the RTC and lower courts.

Note: The petitions must first be filed with the CA, otherwise, they shall be dismissed. (St. Martin Funeral Home v. CA, G.R. No. 130866, Sept. 16, 1998).

b. c. d.

2.

Civil Service Commission Quasi-judicial agencies (file with the CA first) RTC and lower courts;

Petitions for issuance of writ of kalikasan (Sec. 3, Rule 7, A.M. No. 09-6-8-SC). With CA and RTC

1. 2.

Petitions for habeas corpus and quo warranto ; and Petitions for issuance of writs of certiorari , prohibition and mandamus against the lower courts or other bodies

1. 2.

Petitions for the issuance of writ of amparo Petition for writ of habeas data, where the action involves public data or government office

Petitions for issuance of writs of certiorari , prohibition and mandamus against the lower courts or bodies.

With CA, SB and RTC

Petitions for the issuance of writ of amparo and writ of habeas data

With RTC

Actions affecting ambassadors and other public ministers and consuls

g.

Note:

1.

The following cases must be decided by the SC en banc: a. All cases involving the constitutionality of a treaty, international or executive agreement, or law; b. Cases involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations; c. A case where the required number of vote in a division is not o btained; d. A doctrine or principle laid down in a decision rendered en banc or by division is modified, or reversed; e. All other cases required to be heard en banc under the Rules of Court (Sec. 5, Art. VIII, 1987 Constitution). Constitution).

2.

With Sandiganbayan

Petitions for mandamus, prohibition, certiorari, injunctions and ancillary writs in aid of its appellate jurisdiction including quo warranto arising or that may arise in in cases filed under EO Nos. 1, 2, 14 and 14-A

Environmental laws and regulations covered by the writ of kalikasan includes but not limited to the following: a. Act No. 3572 - Prohibition Against Cutting of Tindalo,Akli, and Molave Trees; b. P.D. No. 705 - Revised Forestry Code; c. P.D. No. 856 - Sanitation Code; d. P.D. No. 979 - Marine Pollution Decree; e. P.D. No. 1067 - Water Code; f. P.D. No. 1151 Philippine Environmental Policy of 1977;

h.

i.

j. k. l. m.

n. o. p. q.

P.D. No. 1433 - Plant Quarantine Law of 1978; P.D. No. 1586 - Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes; R.A. 3571 - Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground; R.A. 4850 - Laguna Lake Development Authority Act; R.A. 6969 - Toxic Substances and Hazardous Waste Act; R.A. 7076 - People’s Small-Scale Mining Act; R.A. 7586 - National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas; R.A. 7611 - Strategic Environmental Plan for Palawan Act; R.A. 7942 - Philippine Mining Act; R.A. 8371 - Indigenous Peoples Rights Act; R.A. 8550 - Philippine Fisheries Code;


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r. s. t. u. v. w. x. y.

z.

R.A. 8749 - Clean Air Act; R.A. 9003 - Ecological Solid Waste Management Act; R.A. 9072 - National Caves and Cave Resource Management Act; R.A. 9147 - Wildlife Conservation and Protection Act; R.A. 9175 - Chainsaw Act; R.A. 9275 - Clean Water Act; R.A. 9483 - Oil Spill Compensation Act of 2007; Provisions in CA No. 141, The Public Land Act; R.A. 6657, Comprehensive Agrarian Reform Law of 1988; R.A. 7160, Local Government Code of 1991; R.A. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); R.A. 7308, Seed Industry Development Act of 1992; R.A. 7900, High-Value Crops Development Act; R.A. 8048, Coconut Coconut Preservation Preservation Act; R.A. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. 9522, The Philippine Archipelagic Baselines Law; R.A. 9593, Renewable Energy Act of 2008; R.A. 9637, Philippine Biofuels Act; and Other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources (Sec. 2, Rule 1, A.M. No. 09-

b.

c.

d.

6-8-SC).

3.

The following are intra-corporate controversies within the jurisdiction of the RTC: a. Cases involving devises or schemes employed by or any acts, of the board

of directors, business associates, its officers or partnership, amounting fraud or misrepresentation which may be detrimental to the interest of the public and/or the stockholders, partners, members of the associations or organizations registered with the Security and Exchange Commission; Controversies arising out of intracorporate or partnership relations, between and among stockholders, members or associates, respectively; and between such corporation, partnership or association and the state in so far as it concerns their individual franchise or right to exist as such entity; Controversies in the election or appointments of directors, trustees, officers or managers of such corporation, partnerships or associations; and Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or association posses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership or association has no sufficient assets to cover its liabilities but is under the management of a Rehabilitation Receiver or Management Committee (Sec. 5.2, SRC).

2. COURT OF APPEALS Civil Cases


Actions for annulment of judgments of RTC based upon extrinsic fraud or lack of jurisdiction (Sec. 9 B.P. 129).

1.

Actions for annulment of judgments of RTC (Sec. 9 B.P. 129).

2.

Crimes of Terrorism under the Human Security Act of 2007 or R.A. 9372

Appellate

1.

2.

10

Final judgments, decisions, resolutions, orders, awards of: a. RTC i. In the exercise of its original jurisdiction; ii. In the exercise of its appellate jurisdiction; b. Family Courts; c. RTC on the questions of constitutionality, validity of tax, jurisdiction involving questions of fact, which should be appealed first to the CA; d. Appeals from RTC in cases appealed from MTCs which are not a matter of right. Appeal from MTC in the exercise of its delegated

Judgments or decisions of RTC (except those appealable to the SC or SB): a. exercising its original jurisdiction; b. exercising its appellate jurisdiction; and c. where the imposable penalty is: i. life imprisonment or reclusion perpetua; ii. a lesser penalty for offenses committed on the same occasion or which arose from the same occurrence that gave rise to the off ense punishable reclusion perpetua or life imprisonment (Sec. 3, Rule 122). iii. Death (Sec. 10, Rule 122).



JURISDICTION

3. 4. 5. 6.

jurisdiction (R.A. 7691). Appeals from Civil Service Commission; Appeals from quasi-judicial agencies under Rule 43; Appeals from the National Commission on Indigenous Peoples (NCIP); and Appeals from the Office of the Ombudsman in administrative disciplinary cases (Mendoza-Arce v. Office of the Ombudsman, G.R. No. 149148, Apr. 5, 2002). Concurrent With SC

1.

Petitions for issuance of writs of

certiorari , prohibition and mandamus against

Petitions for issuance of writs of certiorari , prohibition and mandamus against the RTCs and lower courts.

the following: a. NLRC under the Labor Code. b. Civil Service Commission c. Quasi-judicial agencies d. RTCs and other lower courts. 2. Petitions for issuance of writ of kalikasan (Sec. 3, Rule 7, A.M. No. 09-6-8-SC). With SC and RTC

1. 2.

Petitions for habeas corpus and quo warranto; and Petitions for the issuance of writs of certiorari , prohibition and mandamus against the lower courts

1.

Petitions for the issuance of writ of amparo Petition for writ of habeas data, where the action involves public data or government office

Petitions for issuance of writs of certiorari , prohibition and mandamus against the lower courts or bodies.

With SC, SB and RTC 2.

Petitions for the issuance of writ of amparo and writ of habeas data

3. COURT OF TAX APPEALS Tax Cases


In tax collection cases involving final and executory assessments for taxes, fees, charges and penalties where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less than P1M tried by the proper MTC, MeTC and RTC.

All criminal cases arising from violation of the NIRC of the TCC and other laws, part of laws, or special laws administered by the BIR or the BOC where the principal amount of taxes and fees, exclusive of charges and penalties claimed is less that P1M or where there is no specified amount claimed (the offenses or penalties shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate)

Appellate

In tax collection cases involving final and executory 1. Over appeals from the judgment, resolutions or assessments for taxes, fees, charges and penalties where orders of the RTC in tax cases originally decided by the principal amount of taxes and fees, exclusive of them, in their respective territorial jurisdiction, charges and penalties claimed is less than P1M tried by the 2. Over petitions for review of the judgments, proper MTC, MeTC and RTC. resolutions or orders of the RTC in the exercise of their appellate jurisdiction over tax cases originally decided by the MeTCs, MTCs, and MCTCs in their respective jurisdiction Concurrent With CIR

1. 2.

Decisions in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR; Inaction by CIR in cases involving disputed assessments, refunds of IR taxes, fees or other charges, penalties in relation thereto, or other matters arising under the NIRC or other laws administered by BIR, where the NIRC or other applicable law provides a specific period of action, in which case the inaction shall be deemed an implied denial; With RTC

Decisions, orders or resolutions of the in local taxes originally decided or resolved by them in the exercise of their original or appellate jurisdiction; ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R SI T Y O F VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

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With Commissioner of Customs

1. 2.

Decisions in cases involving liability for customs duties, fees or other charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or Other matters arising under the Customs law or other laws, part of laws or special laws administered by BOC; With Central Board of Assessment Appeals

Decisions in the exercise of its appellate jurisdiction over cases involving the assessment assessment and taxation of real property originally decided by the provincial or city board of assessment assessment appeals; With Secretary of Finance

Decision on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the government under Sec. 2315 of the Tariff and Customs Code; With Secretary of Trade and Industry and the Secretary of Agriculture

Decisions of Secretary of Trade and Industry in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping duties and counterveiling duties under Secs. 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under RA 8800, where either party may appeal the decision to impose or not to impose said duties. 4. SANDIGANBAYAN Civil Cases


Cases involving violations of: a. EO No. 1 (Creating the PCGG); No. 2 b. EO (Illegal Acquisition and Misappropriations of Ferdinand Marcos, Imelda Marcos their close relatives, subordinates, business associates, dummies, agents or nominees); c. EO No. 14 [Cases involving the ill-gotten wealth of the immediately mentioned persons (Marcos and dummies)]; and d. EO No. 14-A (amendments to EO No. 14) (Sec. 2, R.A. 7975 as amended by R.A. 8294).

1.

2.

3.

Violation of R.A. 3019 (Anti-Graft and Corrupt Practices Act) where one or more of the accused are officials occupying the following positions in the government, whether in permanent. Acting or interim capacity, at the time of the commission of the offense: a. Officials occupying a position classified as Grade 27 or higher of the Compensation and Position Classification Act of 1989 (R.A. 6758) in the: i. Executive branch including those occupying the position of regional director; and ii. All other national or local officials. b. Members of Congress c. Members of the judiciary without prejudice to the Constitution; and d. Chairmen and members of the Constitutional Commissions without prejudice to the Constitution. Felonies or offenses, whether simple or complexed with other crimes committed by the public officials and employees above mentioned in relation to their office; and Cases filed pursuant to EO Nos. 1, 2, 14 and 14-A (Sec. 2, R.A. 7975 as amended by R.A. 8249).

Appellate

Appeals from final judgments, resolutions or orders of the RTC, whether in the exercise of their original or appellate jurisdiction, in cases involving public officials or employees not otherwise mentioned in the preceding enumeration. Concurrent With SC

Petitions for certiorari, prohibition, mandamus , habeas corpus , injunction and other ancillary writs in aid of its appellate jurisdiction, including quo warranto arising in cases falling under Executive Order Nos. 1, 2, 14 and 14-A.

Petitions for certiorari , prohibition, mandamus , habeas corpus, injunction and other ancillary writs in aid of its appellate jurisdiction, including quo warranto arising in cases falling under Executive Order Nos. 1, 2, 14 and 14-A.

With SC, CA and RTC amparo Petitions for the issuance of writ of and writ Petitions for the issuance of writ of amparo and writ of habeas data. of habeas data.

Q: Governor Charles of Tarlac was charged with indirect bribery before the Sandiganbayan for

12

accepting a car in exchange for the award of a series of contracts for medical supplies. The



JURISDICTION

Sandiganbayan, after going over the information, found the same to be valid and ordered the suspension of Charles. The latter contested the suspension claiming that under the law (Sec. 13, R.A. 3019), his suspension is not automatic upon the filing of the information and his suspension under Sec. 13, R.A. 3019 is in conflict with Sec. 5 of the Decentralization Act of 1967 (R.A. 5185). The Sandiganbayan overruled Charles’ Cha rles’ contention stating that the suspension under the circumstances is mandatory. Is the court's ruling correct?

A: Yes. Charles’ suspension is mandatory, although

not automatic. It is mandatory after the determination of the validity of the information in a pre-suspension hearing. The purpose of the suspension is to prevent the accused public officer from frustrating or hampering his prosecution by intimidating or influencing witnesses or tampering with evidence or from committing further acts of malfeasance while in office. (2001 Bar Question)

5. REGIONAL TRIAL COURTS Civil Cases


1. 2.

3.

4.

5.

6.

7.

8.

Actions in which the subject of litigation is incapable of pecuniary estimation; Actions involving title to or possession of real property or any interest therein where the assessed value exceeds P20,000 or P50,000 in Metro Manila, except forcible entry and unlawful detainer; Actions in admiralty and maritime jurisdiction where demand or claim exceeds P300,000 or P400,000 in Metro Manila; Matters of probate, testate or intestate, where gross value of estate exceeds P300,000 or P400,000 in Metro Manila; Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial function; Civil actions and special proceedings falling within exclusive original jurisdiction of Juvenile and Domestic Relations Court and Court of Agrarian Reforms; Other cases where the demand, exclusive of interest, damages, attorney’s fees, litigation expenses and costs, or value of property in controversy exceeds P300,000 or P400,000 in Metro Manila (Sec. 19, BP 129 as amended by R.A. 7691); and Intra-corporate controversies under Sec. 5.2 of the Securities and Regulation Code.

1.

Criminal cases not within exclusive jurisdiction of any court, tribunal or body (Sec. 20, BP 129). a. Includes criminal cases where the penalty provided by law exceeds 6 years imprisonment irrespective of the fine (R.A. 7691). b. Includes criminal cases not falling within the exclusive original jurisdiction of the Sandiganbayan where the imposable penalty is imprisonment more than 6 years and none of the accused is occupying positions classified as “Grade 27” and higher (Sec. 4, P.D. 1606 as amended by R.A. 8249).

2. 3.

4. 5.

Cases where the only penalty provided by law is a fine exceeding P4,000; Other laws which specifically lodge jurisdiction in the RTC: a. Law on written defamation or libel; b. Decree on Intellectual Property; c. Violations of Dangerous Drugs Act regardless of the imposable penalty except when the offender is under 16 and there are Juvenile and Domestic Relations Court in the province. Cases falling under the Family Courts in areas where there are no Family Courts (Sec.24, B.P. 129). Election offenses (Omnibus election code) even if committed by an official with salary grade of 27 or higher

Concurrent With SC, SB and CA

1. 2.

Writ of amparo Writ of habeas data

Petitions for the issuance of writ of amparo and writ of habeas data With SC

Actions affecting ambassadors and other public ministers and consuls [Sec. 21 (2) of BP 129] 1.

With SC and CA Certiorari, prohibition and mandamus against lower

2.

courts and bodies; Habeas corpus and quo warranto ; With MTC

Cases involving enforcement or violations of environmental and other related laws, rules and regulations (Sec. 2, Rule 1, A.M. No. 09-6-8-SC). Special ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R SI T Y O F VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

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SC may designate certain branches of RTC to try exclusively criminal criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases not falling within the jurisdiction of any quasi-judicial body and other special cases in the interest of justice (Sec. 23, BP 129). Appellate GR: All cases decided by lower courts (MTC etc.) in their respective territorial jurisdictions. XPN: Decisions of lower courts in the exercise of delegated jurisdiction.

However, where the basic issue is something other than the right to recover a sum of money, where the money claim is purely incidental to, or a consequence of, the principal relief sought like specific performance suits and in actions for support, or for annulment of a judgment or foreclosure of mortgage, such actions are incapable of pecuniary estimation, and are cognizable exclusively by the RTCs (Barangay Piapi v. Talip,

Q: What is the test to determine whether an action is capable of pecuniary estimation? A: The criterion is the nature of the principal action or the remedy sought. If it is primarily for the

recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the MTCs or in the RTCs would depend on the amount of the claim.

G.R. No. 138248, Sept. 7, 2005). 6. FAMILY COURTS Civil Cases


1. 2. 3.

4. 5. 6.

7. 8.

Petitions for guardianship, custody of children, habeas corpus in relation to minor; Petitions for adoption of children and its revocation; Complaints for annulment and declaration of nullity of marriage and those relating to marital status and property relations of spouses 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 under the Family Code of the Philippines; Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children, the suspension, termination, or restoration of parental authority and other cases cognizable under PD 603, EO 56 (Series of 1986) and other related laws; and Petitions for the constitution of the family home (rendered unnecessary by Art. 153, Family Code) (Sec.

1. 2.

Where one or more of the accused is/are below 18 years of age but not less than 9 years of age; When one or more of the victims is a minor at the time of the commission of the offense (R.A. 8369, Act establishing the family courts);

3. 4.

5.

5, R.A. 8369).

Cases against minors cognizable under the Dangerous Drugs Act, as amended; and Violations of R.A. 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act, as amended by R.A. 7658; and Cases of domestic violence against: a. Women – involving acts of gender-based violence that result, or likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman’s personhood, integrity and freedom of movement; b. Children – which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence and discrimination and all other conditions prejudicial to their development (Sec. 5, R.A. 8369)

7. METROPOLITAN TRIAL COURTS/MUNICIPAL TRIAL COURTS Civil Cases


1. Actions involving personal property where the value of the property does not exceed P300,000 or, in Metro Manila P400,000; 2. Actions for claim of money where the demand does not exceed P300,000 or, in Metro Manila P400,000; 3. Probate proceedings, testate or intestate, where the value of the estate does not exceed P300,000 or, in Metro Manila P400,000 ;

1.

2.

3. Note: In the foregoing, claim must be exclusive of interest, damages, attorney’s fees, litigation expense, and costs (Sec. 33, BP 129 as amended by R.A. 7691).

14

4.

All offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of fine and regardless of other imposable accessory or other penalties; In offenses involving damage to property through criminal negligence where the imposable fine does not exceed P10,000 (Sec. 32, BP 129 as amended by R.A. 7691); Where the only penalty provided by law is a fine not exceeding P4,000 (Admin. Circular No. 09-94, June 14, 1994); and Those covered by the Rules on Summary Procedure, i.e.



JURISDICTION

4. Actions involving title to or possession of real property or

any interest therein where the value or amount does not exceed P20,000 or, in Metro Manila P50,000 exclusive of interest damages, attorney’s fees, litigation expense, and

5.

6. 7. a. b.

costs; (2008 Bar Question) Maritime claims where the demand or claim does not exceed P300,000 or, in Metro Manila P400,000 (Sec. 33, BP 129 as amended by R.A. 7691); Inclusion or exclusion of voters (Sec. 138, BP 881); Those covered by the Rules on Summary Procedure: Forcible entry and unlawful detainer; Other civil cases except probate where the total amount of the plaintiff’s claims does not exceed P100,000 or, in Metro Manila P200,000 exclusive interest and costs (as amended by A.M. No. 02-11-09-SC).

8. Those covered by the Rules on Small Claims, i.e. actions for payment of money where the claim does not exceed P100,000 exclusive of interest and costs.

a.

Violations of traffic laws, rules and regulations; b. Violations of the rental law; c. Violations of municipal or city ordinances; d. Violations of BP 22 (A.M. No. 00-11-01-SC); e. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or a fine of P 1,000 irrespective of other penalties or civil liabilities arising therefrom. 5. All offenses committed by public officers and employees in relation to their office, including –controlled government-owned or corporations, and by private individuals charged as co-principals, accomplices or accessories, punishable with imprisonment not more than 6 years or where none of the accused holds a position classified as “Grade 27” and higher (Sec. 4, P.D. 1606 as amended by R.A. 8249).

Delegated

Cadastral or land registration cases covering lots where: a. There is no controversy or opposition; b. Contested but the value does not exceed P100,000 (Sec. 34, BP 129 as amended by R.A. 7691). Note: The value shall be ascertained by the affidavit of the claimant or agreement of the respective claimants (Sec. 34, BP 129 as amended by R.A. 7691).

Special

Petition for habeas corpus in the absence of all RTC judges in the province or city (Sec. 35, BP 129).

Application for bail in the absence of all RTC judges in the province or city.

Concurrent With RTC

Cases involving enforcement or violations of environmental and other related laws, rules and regulations (Sec. 2, Rule 1, A.M. No. 09-6-8-SC).

8. SHARIAH COURTS Exclusive Original

1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code of Muslim Personal Laws; 2. All cases involving disposition, distribution and settlement of estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or aggregate value of the property; 3. Petitions for the declaration of absence and death for the cancellation or correction of entries in the Muslim Registries mentioned mentioned in Title VI, Book Two of the Code of Muslim Personal Laws; 4. All actions arising from the customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and 5. All petitions for mandamus , prohibition, injunction, certiorari, habeas corpus , and all other auxiliary writs and processes in aid of its appellate jurisdiction. Concurrent With all civil courts 1. Petitions by Muslim for the constitution of a family home, change of na me and commitment of an insane person to an asylum; 2. All other personal and legal actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fa ll under the exclusive jurisdiction of the Municipal Circuit Court; and 3. All special civic actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R SI T Y O F VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

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F. JURISDICTION OVER SMALL CLAIMS, CASES COVERED BY THE RULES ON SUMMARY PROCEDURE AND BARANGAY CONCILIATION Katarungang Pambarangay Law

Rule on Small Claims Cases Purpose / Object

Rules on Summary Procedure

To effect an amicable settlement of disputes among family and barangay members at the barangay level without judicial recourse and consequently help relieve the courts of docket congestion.

To provide a simpler and more inexpensive and expeditious means of settling disputes involving purely money claims than the regular civil process

To achieve an expeditious and inexpensive determination of the cases defined to be governed by the Rules on Summary Procedure

(Preamble of P.D. 1508) (1999 Bar Qestion) Where to file

1.

2.

3.

4.

For disputes between residents of the same barangay: the dispute must be brought for settlement in the said barangay. For disputes between residents of different but adjoining barangays and the parties agree to submit their differences to amicable settlement: within the same city or municipality where any of the respondents reside at the election of the complainant. For disputes involving real property or any interest when the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon therein shall be brought in the barangay where the real property or larger portion thereof is situated. For disputes arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled for study shall be brought in the barangay where such workplace or institution is located.

All disputes involving parties who actually reside in the same city or municipality may be the subject of the proceedings for amicable settlement in the barangay.

16

1. 2. 3. 4.

Metropolitan Trial Courts Municipal Trial Courts in Cities Municipal Trial Courts Municipal Circuit Trial Courts

1. 2. 3. 4.

Metropolitan Trial Courts Municipal Trial Courts in Cities Municipal Trial Courts Municipal Circuit Trial Courts

Cases Covered Civil Cases Small claims cases – civil claims 1. All cases of forcible entry and

which are exclusively for the unlawful detainer irrespective of payment or reimbursement of a the amount of damages or u npaid sum of money not exceeding rentals sought to be recovered. Where attorney’s fees are P100,000 exclusive of interest and costs, either awarded, the same shall not 1. Purely civil in nature where exceed P20,000; and the claim or relief prayed for 2. All other civil cases, except by the plaintiff is solely for probate proceedings, where the payment or reimbursement of total amount of plaintiff’s claim sum of money, or does not exceed P100,000 or 2. The civil aspect of criminal does not exceed P200,000 in actions, either filed before the Metro Manila, exclusive of institution of the criminal interests and costs (A.M. No. 0211-09-SC, Nov. 25, 2005). action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure.



JURISDICTION

These claims or demands may be: 1. For money owed under any of the following: a. Contract of Lease b. Contract of Loan c. Contract of Services d. Contract of Sale e. Contract of Mortgage 2. For damages arising from any of the following: a. Fault or negligence b. Quasi-contract c. Contract 3. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 Criminal Cases

When punishable by imprisonment of not more than 1 year or fine of not more than 5,000. (Sec. 408, LGC)

1. Violations of traffic laws, rules and regulations; 2. Violations of the rental law; 3. Violations of municipal or city ordinances; 4. Violations of B.P. 22 or the Bouncing Checks Law (A.M. No. 00-11-01-SC, Apr. 15, 2003); 5. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or a fine of P 1,000 irrespective of other penalties or civil liabilities arising therefrom; and 6. Offenses involving damage to property through criminal negligence where the imposable fine is not exceeding P10,000. Cases excluded

1.

2.

3.

4. 5.

6.

Where one party is the government or any subdivision or instrumentality thereof; Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; Offenses punishable by imprisonment exceeding exceeding 1 year or a fine exceeding P5,000.00; Offenses where there is no private offended party; Where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon; Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties

1.

Criminal actions are excluded pursuant to certain Constitutional limitations granting the accused in all criminal

prosecutions

“the

right to be heard by himself and counsel” (Sec. 14[2], Bill of Rights). An example is a

2.

case for libel or slander. However, the civil aspect of a criminal action which seeks recovery of money as damages may be heard as a small claim if reserved or instituted separately prior to the filing of the criminal case. Some civil cases regardless of how little the amount involved cannot be filed as small claims. Examples are a suit to force a person to fix a damaged good or a demand for the fulfillment of an

This Rule shall not apply to a civil case where the plaintiff's cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure.


SANTO TOMAS

17


7.

8.

thereto agree to submit their differences to amicable settlement by an appropriate lupon; Such other classes of disputes which the President of the Philippines may determine in the interest of justice; and Violations of R.A. 9262, VAWC Act.

obligation which is not purely for money.

G. TOTALITY RULE Q: What is the Aggregate or Totality Rule? A: Where there are several claims or causes of

actions between the same or different parties embodied in one complaint, the amount of the demand shall be the totality of the claims in all causes of action irrespective of whether the causes of action arose out of the same or different transaction (Rule 2, Sec.5 [d]).

18



CIVIL PROCEDURE

III. CIVIL PROCEDURE Court

A. ACTIONS

Heard by courts of general jurisdiction

Heard by courts of limited jurisdiction Procedure

1. MEANING OF ORDINARY CIVIL ACTIONS Q: What is an ordinary civil action?

Initiated by a pleading and parties respond through an answer

Initiated by a petition and parties respond through an opposition

A: It is a formal demand of one’s legal rights in a 5. REAL ACTIONS AND PERSONAL ACTIONS

court of justice in the manner prescribed by the court or by law. It is governed by ordinary rules.

Q: Distinguish real actions from personal actions. 2. MEANING OF SPECIAL CIVIL ACTIONS A: Real Action

Q: What is a special civil action?

Personal Action Scope

A: It has special features not found in ordinary civil

actions. It is governed by ordinary rules but subject to specific rules prescribed Rules 62-71.

When it affects title to or possession of a real property, or an interest therein (Sec. 1, rule 4)

3. MEANING OF CRIMINAL ACTIONS Q: What is a criminal action? A: It is one by which the state prosecutes a person for an act or omission punishable by law (Sec.3 (b), Rule1).

Personal property is sought to be recovered or where damages for breach of contract are sought

Basis

When it is founded upon the privity of a real estate. That means that realty or interest therein is the subject matter of the action.

Founded on privity of contract such as damages, claims of money, etc.

Note: It is important that the

4. CIVIL ACTIONS VERSUS SPECIAL PROCEEDINGS Q: Distinguish action from special proceeding. A: Action

Special Proceeding Purpose

Civil action: 1. To protect a right 2. Prevent or redress a wrong. Criminal action: Prosecute a person for an act or omission punishable by law (Sec. 3, Rule 1)

To establish a status, a right or a particular fact (Sec. 3 Rule 1). Specific kinds of special proceedings are found in rule 72 – rule 109 E.g. settlement of estate, escheat, guardianship, etc. (Riano, Civil Procedure: A Restatement for the Bar , p. 121, 2009 ed.)

Application

Where a party litigant seeks to recover property from another, his remedy is to file an action.

Where his purpose is to seek the appointment of a guardian for an insane person, his remedy is a special proceeding to establish the fact or status of insanity calling for an appointment of guardianship. (Herrera, Vol.

I, p. 370, 2007 ed.) Governing Law

Ordinary rules supplemented by special rules

Special rules supplemented by ordinary rules

matter in litigation must also involve any of the following issue: 1. Title to 2. Ownership 3. Possession 4. Partition 5. Foreclosure of mortgage 6. Any interest in real property. Venue

Venue of action shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof is situated. (Rule 4, sec 1)

Venue of action is the place where the plaintiff or any of the principal plaintiffs resides or any of the defendants resides, at the election of the plaintiff (Rule 2 sec 2)

Example

An action to recover possession of real property plus damages

Action for a sum of money

Note: An action to annul or

rescind a sale of real property has as its fundamental and prime objective the recovery of real property (Emergency Loan Pawnshop, Inc. vs. Court of appeals, 353 SCRA 89; Riano, p. 122, 2009 ed.)


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6. LOCAL AND TRANSITORY ACTIONS Privity of contract

No privity of contract and Founded on privity of the action is founded on contract between the privity of estate only parties whether debt or covenant (Paper Industries

Q: Distinguish local action from transitory actions. A: Local Action

Transitory Action

Corporation Corporation of the Philippines v. Samson, G.R. No. L-30175, Nov. 28, 1975). Example

Venue

Must be brought in a particular plac where the subject property is located, unless there is an agreement to the contrary.

Dependent on the place where the party resides regardless of where the cause of action arose. Subject to Sec. 4, Rule 4

Action to recover real property

Action to recover sum of money

7. ACTIONS IN REM, REM, IN PERSONAM AND QUASI IN REM Q: Distinguish actions in rem, rem, in personam and quasi in rem A: Action In Rem

Action In Personam Nature

Action Quasi In Rem

A proceeding to subject the property of such persons to the discharge of the claims assailed.

A proceeding to enforce A proceeding to subject the property of personal rights and obligations the named defendant or his interests brought against the person therein to the obligation or lien burdening the property.

A proceeding to determine the state or condition of a thing

An action to impose a responsibility or liability upon a person directly

Purpose

Deals with the stauts, ownership or liability of a particular property but which are intended to operate on t hese questions only as between the particular parties to the proceedings and not to ascertain or cut-off the rights or interests of all possible claimants. (Domagas vs. Jensen, 448 SCRA 663)

Scope

Directed against the thing itself Directed against the whole world

Directed against particular persons

Directed against particular persons

Required jurisdiction

Jurisdiction over the person of the Jurisdiction over the person of Jurisdiction over the person of the defendant is not required. the defendant is required defendant is not required as long as Jusrisdiction over the RES is required jurisdiction over the res is acquired through publication in a newspaper of general circulation. Effect of judgment

Judgment is binding upon the whole world.

Judgment is binding only upon parties impleaded or their successors-in-interest

1. Probate proceeding 2. Cadastral proceeding 3. Land registration proceeding

1. Action for specific performance 2. Action for breach of contract 3. Action for ejectment 4. Action for a sum of money; for damages (Riano, Civil

Judgment will be binding only upon the litigants, privies, successor in interest but the judgment shall be executed against a particular property. The RES involve will answer the judgment.

Example

1. Action for partition 2. Action to foreclose real estate mortgage attachment

Procedure: A Restatement for the Bar ,p.130, ,p.130, 2009 ed.)

20



CIVIL PROCEDURE

B. CAUSE OF ACTION

3. FAILURE TO STATE A CAUSE OF ACTION

1. MEANING OF CAUSE OF ACTION

Q: Distinguish failure to state cause of action from absence or lack of cause of action

Q: What is a cause of action? A: A: It is the act or omission by which a party violates a rights of another (Sec. 2, Rule 2). 2. CAUSE OF ACTION VERSUS RIGHT OF ACTION Q: Distinguish cause of action from right of action

Failure to state cause of action

Insufficiency in the allegations of the complaint

Lack of cause of action

Failure to prove or establish by evidence one’s stated cause of

action As a ground for dismissal

A: Cause of Action

Right of Action

It is the act or omission by which a party violates the rights of another ( Sec. 2, Rule 2)

Remedial right or right to relief granted by law to a party to institute an action against a person who has committed a delict or wrong against him

Requisites

1. The existence of a legal right of the plaintiff 2. A correlative duty of the defendant to respect one’s right

3. An act or omission of the defendant in violation of the plaintiff’s right.

1. There must be a good cause (existence of a cause of action) 2. A compliance with all the conditions precedent to the bringing of the action 3. The action must be instituted by the proper

Raised in a motion to dismiss under Rule 16 before a responsive pleading is filed

Determination

Determined only from the allegations of the pleading and not from evidentiary matters

It is procedural in character is the consequence of the violation of the right of the plaintiff (Riano, Civil

Procedure: A Restatement for the Bar , p. 4, 2009 ed.) Basis Based on the allegations Basis is the plaintiff’s cause

of the plaintiff in the complaint

of action

Effect of Affirmative defense

Not affected by affirmative defenses (fraud, prescription, estoppel, etc.)

Affected by affirmative defenses

Note: The rule is “There is no right of action where there is no cause of action”. (Ibid p.4)

Resolved only on the basis of the evidence he has presented in support of his claim

4. TEST OF THE SUFFICIENCY OF A CAUSE OF ACTION Q: What is the test of sufficiency of the statement of a cause of action? A: 1.

party. Nature

It is actually predicated on substantive law or on quasi delicts under NCC.

Raised in a demurrer to evidence under Rule 33 after the plaintiff has rested his case

Whether or not admitting the facts alleged, the court could render a valid verdict in accordance with the prayer of the complaint (Misamis Occidental II Coop., Inc. vs. David, 468 SCRA 63; Riano, p. 92, 2009 ed.)

2.

The sufficiency of the statement of cause

of action must appear on the face of the complaint and its existence is only determined by the allegations of the complaint (Viewmaster Construction Corp. vs. Roxas, Roxas, 335 335 SCRA 540; Riano, Civil Procedure: A Restatement for the Bar, p. 93, 2009 ed) Note: The truth or falsity of the allegations is beside

the point because the allegations in the complaint are hypothetically admitted. Thus a motion to dismiss on the ground of failure to state a cause of action, hypothetically admits the matters alleged in the complaint (Riano, Civil Procedure: A Restatement for the Bar , p92, 2009 ed.)


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5. SPLITTING A SINGLE CAUSE OF ACTION AND ITS EFFECTS Q: What is splitting a cause of action? A: It is the act of instituting two or more suits on the basis of the same cause of action (Sec. 4, Rule 2). It is the act of dividing a single or indivisible

cause of action into several parts or claims and bringing several actions thereon. It is a ground for the dismissal of others. The rule against splitting of a cause of action aims to avoid multiplicity of suits, conflicting decisions and unnecessary vexation and harassment of defendants. It applies not only to complaints but also to counterclaims and crossclaims. (1999 Bar Question) Note: An action for forcible entry should include not only the plea for restoration of possession but also claims for damages arising out of the forcible entry (Progressive Development Development Corporation, Inc. vs. CA, 301 SCRA 637; Riano, Civil Procedure: A Restatement for the Bar, p. 108, 2009 ed.)

Q: What are the rules on splitting a single cause of action?

Note: When the causes of action accrue in favor of the

same plaintiff and against the same defendant, it is not necessary to ask whether or not the causes of action arose out of the same transaction or series of transactions. Also a joinder of causes of action is only permissive not compulsory, hence a party may desire to file a single suit for each of his claims. Q: Is misjoinder of causes of action a ground for dismissal? A: No. A misjoined cause of action may, on motion

of a party or on initiative of the court, be severed and proceeded with separately (Sec. 6 Rule 2). Q: The complaint filed before the RTC states two causes of actions, one for rescission of contract and other for the recovery of 100, 000.00 both of which arose out of the same transaction. Is the joinder of the two causes of action proper? A: Yes. Both are ordinary civil actions and thus,

neither requires special rules. Since the action for rescission falls under the jurisdiction of the RTC, the joinder may be made in said court provided the venue lies therein (Sec. 5, Rule 2; 1996 Bar Question; Riano, Civil Procedure: A Restatement for the Bar , p.120, 2009 ed.)

A:

1. Prohibited by the Rules of Court. “A party may not institute more than one suit for a

C. PARTIES TO CIVIL ACTIONS 1. REAL PARTIES IN INTEREST; INDISPENSABLE PARTIES; REPRESENTATIVES AS PARTIES; NECESSARY PARTIES; INDIGENT PARTIES; ALTERNATIVE DEFENDANTS

single cause of action.” (Sec.3, Rule 2)

2. The rule against splitting a single cause of action applies not only to complaints but also to counterclaims and cross-claims. (Mariscal vs. Court of Appeals, 311 SCRA 51)

Q: What are the kinds of parties in a civil action? 6. JOINDER AND MISJOINDER OF CAUSES OF ACTION Q: What is a joinder of causes of action? A: It is the assertion of as many causes of action a

party may have against another in one pleading alone (Sec. 5, Rule 2). Note: Joinder of causes of action must be subject to

the following conditions: 1. The party shall comply with the rules on joinder of parties; 2. The joinder shall not include special civil actions governed by special rules; 3. Where causes of action pertain to different venues, the joinder may be allowed in the RTC provided one of the causes of action falls within the jurisdiction of said court and venue lies therein 4. Where claims in all causes of action are for recovery of money, the aggregate amount claimed shall be the test for jurisdiction. (Sec 5, Rule 2)

22

A:

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

Real parties in interest Indispensable parties Representatives as parties Necessary parties Indigent parties Pro-forma parties

Q: Who is a real party in interest? A: He is 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 (Sec. 2 Rule 3). Q: Distinguish an indispensable party from a necessary party. A: Indispensable Parties Parties in interest without whom no final determination can be

Necessary Parties

A necessary party is one who is not indispensable but who ought to be joined as a



CIVIL PROCEDURE

had of an action shall be joined either as plaintiffs or (Sec.7, defendants. Rule 3)

Must be joined under any and all conditions because the court cannot proceed without him (Riano, Civil Procedure: A Restatement for the Bar , p. 224, 2009 ed.)

party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action. (Sec.8,

right to relief against one may be inconsistent with a right to relief against the other (Sec. 13, Rule 3).

Rule 3)

A: No. Every action must be prosecuted and

Should be joined whenever possible, the action can proceed even in their absence because his interest is separable from that of indispensable party (Ibid

defended in the name of the real party-in-interest (Sec. 2, Rule 3). Even where the action is allowed to be prosecuted or defended by a representative party or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be a real party-in-interest

p.224)

(Sec.3 Rule 3; Riano, p. 219, 2009 ed.)

Note:

No valid judgment if they are not joined

The case may be determined in court but the judgment therein will not Note: In the absence of resolve the entire an indispensable party controversy if a necessary renders all subsequent party is not joined

actions of the court null and void for want of authority to act, not only as to the absent parties but even as to those present ( Riano, Civil Procedure: A Restatement for the Bar , p. 221, 2009 ed.)

Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth his name, if known, and shall state why he is omitted. Should the court find the reason for the omission unmeritorious, it may order the inclusion of the omitted necessary party if jurisdiction over his person may be obtained. The failure to comply with the order for his inclusion, without justifiable cause, shall be deemed a waiver of the claim against such party. Note:

The non-joinder of an indispensable or a necessary party is not by itself ipso facto a ground for the dismissal of the action. The court should order the joinder of such party and non-compliance with the said order would be a ground for the dismissal of the action (Feria, Civil Procedure Annotated, Vol. I, p. 239,

Q: May an action be prosecuted in the name of other party other than the real party in interest?

Note: An agent acting in his own name and for the

benefit of an undisclosed principal may sue or be sued without joining the principal except when the contract involves things belonging to the principal. Q: Who is an indigent party? A: He is one who has no money or property

sufficient and available for food, shelter and basic necessities for himself and his family. (Sec. 21 Rule 3) Note: Indigent litigants (a) whose gross income and that

of their immediate family do not exceed an amount double the monthly minimum wage of an employee and (b) who do not own real property with a fair market value as stated in the current tax declaration of more than three hundred thousand (P300,000.00) pesos shall be exempt from payment of legal fees. (Sec. 19, Rule 141).

Q: What is the rule on indigent litigants? A: If the applicant for exemption meets the salary

and property requirements under Sec. 19, Rule 141, then the grant of the application is mandatory. On the other hand, when the application does not satisfy one or both requirements, then the application should not be denied outright; instead, the court should apply the “indigency test” under

2001 ed.)

Sec. 21, Rule 3 and use its sound discretion in determining the merits of the prayer for exemption

Note: Parties may be dropped or added by order of the

(Algura v. LGU of Naga, G.R. No. 150135, Oct. 30, 2006).

court on motion of any party or on its own initiative at any stage of the action and on such terms as are just. Any claim against a misjoined party may be severed and proceeded with separately. (Sec. 11, Rule 3)

Q: May a party sue the defendants in the alternative? A: Yes. Where the plaintiff is uncertain against who

of several persons he is entitled to relief, he may join any or all of them in the alternative, although a

Note: While the authority to litigate as an indigent party may be granted upon an ex parte application and

hearing, it may be contested by the adverse party at any time before judgment is rendered (Sec. 21, Rule 3). Q: What does the authority include, if one is authorized as an indigent party? A: An exemption from the payment of:

1.

Docket fees and other lawful fees


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2.

Transcript of stenographic notes. (Sec. 21, Rule 3)

Note: The amount of the docket and other lawful fees

which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless otherwise provided (Sec. 21, Rule 3).

The basis for the exemption from legal and filing fees is the free access clause embodied in Sec. 11, Art. III, 1987 Constitution. (Re: Query of Mr. Roger C. Prioreschi re exemption from legal and filing fees of The Good Shepherd Foundation, Inc., A.M. No. 09-6-9SC, Aug. 19, 2009)

Q: Who is a pro forma party? A: One who is joined as a plaintiff or defendant, not

because such party has any real interest in the subject matter or because any relief is demanded, but merely because the technical rules of pleadings require the presence of such party on the record. (Samaniego vs. Agulia, G.R. No. 125567, June 27, 2000) 2. COMPULSORY AND PERMISSIVE JOINDER OF PARTIES

and allows the amendment of the complaint at any stage of the proceedings, through motion or on order of the court on its own initiative (Sec. 11, Rule 3; Republic v. Sandiganbayan, G.R. No. 152154, July 15, 2003). However, when the order of the court to

implead an indispendable party goes unheeded, the court may order the dismissal of the case. The court is fully clothed with the authority to dismiss a complaint due to the fault of the plaintiff as when, among others, he does not comply with the order of the court (Sec. 3, Rule 17; Plasabas vs. CA, GR No. 166519; Riano, Civil Procedure: A Restatement for the Bar p. 223, 2009 ed.) 4. CLASS SUIT Q: What is a class suit? A: It is an action where one or some of the parties

may sue for the benefit of all if the requisites for said action are complied with. (Riano, Civil Procedure: A Restatement for the Bar, p. 236, 2009 ed.) Q: What are its requisites? A:

1.

Q: When is there a compulsory joinder of parties? A: The joinder of parties becomes compulsory when

2.

the one involved is an indispensable party. Clearly, the rule directs a compulsory joinder of indispensable parties, (Riano, Civil Procedure: A Restatement for the Bar , p. 222, 2009 ed.)

3.

Q: What are the requisites of permissive joinder of parties? A:

1.

2. 3.

Right to relief arises out of the same transaction or series of transactions (connected with the same subject matter of the suit); There is a question of law or fact common to all the plaintiffs or defendants; and Joinder is not otherwise provided by the provisions of the Rules on jurisdiction and venue (Sec. 6, Rule 3).

3. MISJOINDER AND NON-JOINDER OF PARTIES Q: Is the misjoinder or non-joinder of an indispensable party a ground for the dismissal of the action or annulment of judgment? A: No. The Rules prohibit the dismissal of a suit on

the ground of non-joinder or misjoinder of parties

24

4.

Subject matter of the controversy is one of common or general interest to many persons; Parties affected are so numerous that it is impracticable to bring them all before the court; Parties bringing the class suit are sufficiently numerous or representative of the class and can fully protect the interests of all concerned (Sec. 12 Rule 3); and Representatives sue or defend for the benefit of all (Sec.12, Rule 3)

5. SUITS AGAINST ENTITIES WITHOUT JURIDICAL PERSONALITY Q: What is the rule on suits against entities without juridical personality? A: When two or more persons not organized as an

entity with juridical personality enter into a transaction, they may be sued under the name by which they are generally or commonly known. In the answer of such defendant, the names and addresses of the persons composing said entity must all be revealed (Sec. 15, Rule 3). Note: Persons associated in an entity without juridical

personality may be sued under the name by which they are generally or commonly known, but they cannot sue under such name.



CIVIL PROCEDURE

Question)

6. EFFECT OF DEATH OF PARTY LITIGANT Q: What is the effect of the death of a party upon a pending action? A:

1.

2.

3.

Purely personal – the death of either of

the parties extinguishes the claim and the action is dismissed. Not purely personal – claim is not extinguished and the party should be substituted by his heirs, executor or administrator. In case of minor heirs, the court may appoint a guardian ad litem for them. Action for recovery of money arising from contract and the defendant dies before entry of final judgment – it shall not be

dismissed but instead shall be allowed to continue until entry of judgment. A favorable judgment obtained by the plaintiff shall be enforced in the manner provided in the rules for prosecuting claims against the estate of a deceased person. (Sec. 20, Rule 3, 1999 Bar Question)

Establishes a relation between plaintiff and defendant, or petitioner and respondent. GR: Not a ground for a motu proprio dismissal

Establishes a relation between the court and the subject matter. It is a ground for a motu proprio dismissal. (Riano, Civil Procedure: A Restatement for the Bar, p. 210, 2009 ed.)

XPN: In cases subject to summary procedure. Q: Can a complaint be dismissed by the court motu proprio based on improper venue?

A: No. Improper venue is not one of the grounds wherein the court may dismiss an action motu proprio. (Universal Corp. vs. Lim, G.R. No. 154338, Oct. 5, 2007). Unless and until the defendant

objects to the venue in a motion to dismiss, the venue cannot be truly said to be improperly laid, because the venue although technically wrong may be acceptable to the parties for whose convenience the rules on venue have been devised. (Dacuycuy vs. Intermediate Appellate Court, 195 SCRA 641) 2. VENUE OF REAL ACTIONS Q: What is the venue of real actions?

The substitute defendant need not be summoned. The order of substitution shall be served upon the parties substituted for the court to acquire R( iano, Civil jurisdiction over the substitute substitute party. party. Riano, Note:

A: The venue is local, hence the venue is the place

where the real property involved or, any portion thereof, is situated (Sec. 1, Rule 4).

Procedure: A Restatement for the Bar, p. 232, 2009 ed.)

If there is notice of death, the court should await appointment of legal representative; otherwise, subsequent proceedings are void.

3. VENUE OF PERSONAL ACTIONS Q: What is the venue of personal actions?

D. VENUE

A: The venue is transitory, hence the venue is the

1. VENUE VERSUS JURISDICTION

residence of the plaintiff or defendant at the option of the plaintiff. (Sec. 3, Rule 4).

Q: Distinguish venue from jurisdiction. A: Venue

Jurisdiction

The place, or geographical area where an action is to be filed and tried. May be waived by: 1. Failure to object through a motion to dismiss or through an affirmative defense. 2. Stipulation of the parties. Procedural May be changed by the written agreement of the parties

Power of the court to hear and decide a case

4. VENUE OF ACTIONS AGAINST NON-RESIDENTS Q: Where should the action be commenced and tried if the defendant is a non-resident? A:

1. Cannot be waived

Defendant does not reside and is found in the Philippines: a. Personal actions – shall be

b.

Substantive Cannot be the subject of the agreement of the (2006 Bar parties.

2.

commenced and tried in the court of the place where the plaintiff resides Real actions – shall be commenced and tried in the court of the place where the property is located.

Defendant does not reside and is not found in the Philippines:


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a.

2. 3. 4. 5. 6.

If the action affects the personal status of the plaintiff – the action

may be commenced and tried in the court of the place where the plaintiff resides. b.

Solely Exclusively in this court In no other court save – Particularly Nowhere else but/except

If it involves any property of the non – the action may resident defendant –

Q: When is stipulation on venue void?

be commenced and tried where the property or any portion thereof is situated (Sec. 3, Rule 4).

A: It is void and unenforceable when it is contrary to public policy (Sweet Lines v. Teves, G.R. No. 28324, Nov. 19, 1978)

5. WHEN THE RULES ON VENUE DO NOT APPLY Q: In what instances does the rule on venue of action inapplicable? A:

1.

2.

In cases where a specific rule or law provides otherwise (e.g. an action for damages arising from libel). Where the parties have validly agreed in writing before the filing of the action on the exclusive venue (Sec. 4, Rule 4).

6. EFFECTS OF STIPULATIONS ON VENUE Q: What is rule on the stipulations on venue? A: The parties may agree on a specific venue which

could be in a place where neither of them resides (Universal Robina Corp. vs. Lim, 535 SCRA 95). The parties may stipulate on the venue as long as the agreement is in writing, made before the filing of the action, and exclusive. (Sec.4[b], Rule 4) Q: What makes a stipulation on venue exclusive? A: Venue is exclusive when the stipulation clearly

indicates, through qualifying and restrictive words that the parties deliberately exclude causes or actions from the operation of the ordinary permissive rules on venue and that they intended contractually to designate a specific venue to the exclusion of any other court also com petent and accessible to the parties under the ordinary rules on venue of actions (Philippine Banking Corp. v. Tensuan, G.R. No. 106920, Dec. 10, 1993) Note: A stipulation that the parties agree to sue and

be sued in the courts of Manila is not restrictive or exclusive to prevent the filing of the suit in the places provided for by the rules ( Riano, Civil Procedure: A

Note: When the action is no longer based on the agreement but on the tortuous act of sending collection telegrams despite the fact that the obligation had already been paid, venue is no longer based on the written stipulation but at the election of the plaintiff as fixed by law. (Zoleta v. Ramillo, G.R. No. L-58080, Feb. 15, 1982)

E. PLEADINGS Q: What are pleadings? A: Pleadings are the written statements of the

respective claims and defenses of the parties submitted to the court for appropriate judgment. (Sec.1, Rule 6) Note: Pleadings cannot be oral because they are clearly described as “written” statements. (Riano, Civil Procedure: A Restatement for the Bar, p. 51, 2009 ed.)

1. KINDS OF PLEADINGS Q: What are the kinds of pleadings? A:

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

Complaint Counterclaim Cross-claim Third party claim Reply Answer a. COMPLAINT

Q: What is a complaint? A: It is a concise statement of the ultimate facts constituting the plaintiff’s cause or causes of action,

Restatement for the Bar, p. 205, 2009 ed.)

with a specification of the relief sought, but it may add a general prayer for such further relief as may be deemed just or equitable.

Q: What are examples of words with restrictive meanings?

Note: A pleading alleging the plaintiff’s cause or causes

A:

1.

26

of action. The names and residences of the plaintiff and defendant must be stated. (Sec. 3, Rule 6)

Only REMEDIAL LAW TEAM: UIAMBAO, JUSTICE OSCAR C. HERRERA, JR., JUSTICE JAIME M. LANTIN, JUDGE CESAR D. STAMARIA, SR.; ADVISER: JUDGE MYRA B. Q UIAMBAO SUBJECT HEAD: ANGELI P. ALBAÑA; ASST. SUBJECT HEADS: DARRELL L. BAGANG, DIANE CAMILLA R. BORJA, YRIZ TAMIE A. MARIANO, MA. KATRINA NADINE G. JUANENGO; MEMBERS: AKEMI B. AIDA, TERESE RAY-ANNE O. AQUINO, GRETCHEN C. SY, RHONDEE E. DUMLAO,


CIVIL PROCEDURE

b. ANSWER Q: What is an answer? A: It is the pleading where the defendant sets forth his affirmative or negative defenses (Sec. 4 Rule 6).

It may likewise be the response to a counterclaim or a cross-claim. Note: An answer Is a compulsory pleading. This

pleading may be an answer to the complaint, an answer to counter claim or an answer to a cross-claim (Riano, Civil Procedure: A Restatement for the Bar , p. 323, 2009 ed.)

A denial in a form of negative pregnant is an ambiguous pleading, since it cannot be ascertained whether it is the fact or only the qualification that is intended to be denied (Galofa v. Nee Bon Sing, G.R. No. L-22018, Jan. 17, 1968).

c. COUNTERCLAIMS Q: What is counterclaim? A: It is any claim which a defending party may have against an opposing party (Sec. 6, Rule 6). It

partakes of a complaint by the defendant against the plaintiff (Pro-Line Sports Inc., v. CA, G.R. No. 118192, Oct. 23, 1997)

(1) NEGATIVE DEFENSES (2) NEGATIVE PREGNANT (3) AFFIRMATIVE DEFENSES Q: What are the two kinds of defenses that may be set forth in the answer? A:

1.

2.

Affirmative defenses – allegation of a

new matter which while hypothetically admitting the material allegations in the pleading would nevertheless prevent or bar recovery by the claiming party. It is in the nature of confession and avoidance Negative defenses – specific denial of the material facts or facts alleged in the pleading essential to establish the plaintiff’s cause of action (Sec. 5, Rule 6).

Q: What are insufficient denials or denials amounting to an admission? A:

1. 2.

General denial Denial in the form of a negative pregnant

Q: What is negative pregnant? A: A denial which does not qualify as a specific

denial. It is conceded to be actually an admission (Riano, Civil Procedure: A Restatement for the Bar, p. 327, 2009 ed.). It is a form of denial which, at the

same time, involves an affirmative implication favorable to the opposing party. It is in effect an admission of the averment to which it is directed. It is said to be a denial pregnant with an admission of the substantial facts in the pleading responded to. (Regalado, Remedial Law Compendium, Vol. I, p. 177, 2005 ed.) Note: Where a fact is alleged with some qualification

or modifying language and the denial is conjunctive, a negative pregnant exists, and only the qualification or modification is denied, while the fact itself is admitted.

Note: The filing of counterclaim gives rise to

complaints, namely, the one filed by plaintiff by way of original complaint and the one filed by defendant by way of a counterclaim (Riano, Civil Procedure: A Restatement for the Bar , p.330, 2009 ed.) A counterclaim may be asserted against an original counter-claimant and a cross-claim may also be filed against an original cross-claimant. (Sec.9, Rule 6) (1) COMPULSORY COUNTERCLAIM (2) PERMISSIVE COUNTERCLAIM Q: Distinguish the two kinds of counterclaim. A: Compulsory Counterclaim

Permissive Counterclaim

One which arises out of or is necessarily connected with the transaction or occurrence that is the subject matter of the

It does not arise out of nor is it necessarily connected with the subject matter of the opposing party’s claim

opposing party’s claim (Sec.7, Rule 6)

It does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction Barred if not set up in the action (Sec. 2, Rule

It may require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction Not barred even if not set

up in the action

9)

Need not be answered; No default Not an initiatory pleading.

Must be answered,: Otherwise, default Initiatory pleading. (Riano,

Need not be accompanied by a certification against forum shopping and certificate to file action

Must be accompanied accompanied by a certification against forum shopping and whenever required by law, also a certificate to


Civil Procedure: A Restatement for the Bar, p. 336, 2009 ed.)

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by the Lupong Tagapamayapa.

The court has jurisdiction to entertain both as to the amount and nature (Sec. 7, Rule 6; Ibid p.331)

the right of the defendant to prosecute his counterclaim in the same or separate action (Sec. 3, Rule 17; Riano, Civil

file action by the Lupong Tagapamayapa (Santo Tomas University v. Surla, G.R. No. 129718, Aug. 17, 1998) (2007 Bar Question).

Must be within the jurisdiction of the court where the case is pending and cognizable by regular courts of justice otherwise, defendant will have to file it in separate proceeding which requires payment of docket fee

Note: A plaintiff who fails or who 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 of the complaint (Gojo v. Goyala, G.R. No. 26768, Oct. 30, 1970). In an original action before the RTC, the counterclaim may be considered compulsory regardless of the amount (Sec. 7, Rule 6). (3) EFFECT ON THE COUNTERCLAIM WHEN THE COMPLAINT IS DISMISSED Q: What is the effect of the dismissal of a complaint on the counterclaim?

Procedure: A Restatement for the Bar, p. 340, 2009 ed.) Q: Fe filed a suit for collection of P387,000 against Ramon in the RTC of Davao City. Aside from alleging payment as a defense, Ramon in his answer set up counterclaims for P100,000 as damages and P30,000 as attorney's fees as a result of the baseless filing of the complaint, as well as for P250,000 as the balance of the purchase price of the 30 units of air conditioners he sold to Fe. Suppose that instead of alleging payment as a defense in his answer, Ramon filed a motion to dismiss on that ground, at the same time setting up his counterclaims, and the court grants his motion. What will happen to his counterclaims? A: Since Ramon filed only a motion to dismiss, not

an answer, the dismissal of the complaint would also bring about the dismissal of his counterclaims but he can file a separate action for his permissive counterclaims. The compulsory counterclaims are deemed waived when he filed a motion to dismiss the complaint instead of answering the same (Financial Building Corp. v. Forbes Park Association, Inc., G.R. No. 133119, Aug. 17, 2000). (2008 Bar

Question) d. CROSS-CLAIMS

A:

1.

2.

3.

28

If no motion to dismiss has been filed, any of the grounds for dismissal under rule 16 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 (Sec. 6, Rule 16). After hearing, when the complaint is dismissed, the counterclaim, compulsory or permissive is not dismissed. When the plaintiff himself files a motion to dismiss his complaint after the defendant has pleaded his answer with a counterclaim. If the court grants the motion, the dismissal shall be limited to the complaint. It shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within 15 days from notice of the motion, manifests his preference to have his counterclaim resolved in the same action (Sec. 2, Rule 17). When the complaint is dismissed through the fault of the plaintiff and at a time when a counterclaim has already been set up, the dismissal is without prejudice to

Q: What are the requirements for a cross-claim? A:

1. 2. 3.

A claim by one party against a co-party; It must arise out of the subject matter of the complaint or of the counterclaim; and The cross-claimant is prejudiced by the claim against him by the opposing party. (Sec. 8, Rule 6)

Q: What is the effect if a cross-claim was not set up? A: GR: Barred if not set up. (Sec.2, Rule 9) XPN: If it is not asserted through oversight,

inadvertence, or excusable negligence, it may still be set up with leave of court by amendment of the pleadings. (Sec.10, Rule 11)



CIVIL PROCEDURE

e. THIRD (FOURTH, ETC.) PARTY COMPLAINTS

Surety & Insurance Co., G.R. No. L-27802, Oct. 26, 1968).

Q: What is a third (fourth, etc.) party complaint? A: A third (fourth, etc.) party complaint is a claim

that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim. (Sec.11, Rule 6) Q: Distinguish a third-party complaint from the rules on bringing in new parties. A: A third-party complaint is proper when not one

of the third-party defendants therein is a party to the main action. Whereas in bringing in new parties, if one or more of the defendants in a counterclaim or cross-claim is already a party to the action, then the other necessary parties may be brought in under the rules on bringing in new parties Q: Why is leave of court necessary in third (fourth, etc.) -party complaint? A: To obviate delay in the resolution of the

complaint such as when the third-party defendant cannot be located; or unnecessary issues may be introduced; or the introduction of a new and separate controversy. (Herrera, Vol. I, p. 705, 2007 ed.) Q: What are the tests to determine whether the third-party third-party complaint is in respect of plaintiff’s claim? A:

1.

Whether it arises out of the same transaction on which the plaintiff’s claim

is based, or, although arising out of another or different transaction, is connected with the plaintiff’s claim;

2.

Note: The court is vested with the discretion to allow

or disallow a party to an action to implead an additional party. Thus, a defendant has no vested right to file a third party complaint (China Banking Corporation vs. Padilla, G.R no. 143490, Feb. 2, 2007; Riano, p. 342, 2009 ed.). Q: Abby obtained a favorable judgment against UNICAP for a sum of money. For failure to get full payment, Abby went after UNICAP’s debtor Ben. Ben is a policy holder of Insular. The court’s sheriff then served a notice of garnishment to Insular over several account receivables due to Ben. Insular refused to comply with the order alleging adverse claims over the garnished amounts. The trial court ordered Insular to release to Abby the said account receivables of Ben under the policies. Insular then filed a petition for certiorari with the CA alleging that the trial judge gravely abused his discretion when he issued the garnishment order despite its adverse claim on the garnished amounts. The CA gave due course to the petition and annulled the order of the trial court. Is the Court of Appeals correct? A: No. Neither an appeal nor a petition for certiorari

is the proper remedy from the denial of a thirdparty claim. Since the third-party claimant is not one of the parties to the action, he could not, strictly speaking, appeal from the order denying its claim, but should file a separate reinvindicatory action against the execution creditor or a complaint for damages against the bond filed by the judgment creditor in favor of the sheriff. The rights of a thirdparty claimant should be decided in a separate action to be instituted by the third person (Solidum v. CA, G.R. No. 161647, June 22, 2006).

Whether the third-party defendant would be liable to the plaintiff or to the defendant for all or part of the plaintiff’s

3.

A third party complaint is not proper in an action for declaratory relief. (Commissioner of Customs v. Cloribel, G.R. No. L-21036, June 30, 1977).

claim against the original defendant; and Whether the third-party defendant may assert any defenses which the third-party plaintiff has or may have to the plaintiff’s

claim.

f. COMPLAINT-IN-INTERVENTION Q: What is a complaint-in-intervention? A: An intervention pleading filed for the purpose of

asserting a claim against either or all of the original parties. g. REPLY

Note: Where the trial court has jurisdiction over the

main case, it also has jurisdiction over the third party complaint, regardless of the amount involved as a third-party complaint is merely auxiliary to and is a continuation of the main action (Republic v. Central

Q: Is the filing of a reply necessary? A: GR: No.


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29


Note: If a party does not file such reply. All the

3. PARTS OF A PLEADING

new matters that were alleged in the answer are deemed controverted (Sec. 10, Rule 6)

a. CAPTION

XPNs:

1.

2.

Where the answer alleges the defense of usury in which case a reply under oath should be made. Otherwise, the allegation of usurious interest shall be deemed admitted. Where the defense in the answer is based on an actionable document , a reply under oath pursuant to Sec. 8 of Rule 8 must be made. Otherwise, the genuineness and due execution of the document shall be deemed admitted.

2. PLEADINGS ALLOWED IN SMALL CLAIM CASES AND CASES COVERED BY THE RULES ON SUMMARY PROCEDURE

Q: What should the caption contain? A: The caption sets forth the name of the court, the

title of the action, and the docket number if assigned. (Sec. 1, Rule 7) Q: What should the title of the caption indicate? A: It should indicate the names of the parties. They

shall all be named in the original complaint or petition but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties. (Sec. 1, Rule 7) b. SIGNATURE AND ADDRESS

Q: What are the pleadings allowed in a summary procedure?

Q: What is the rule regarding the signature and address?

A:

A: The complaint must be signed by the plaintiff or

1. 2. 3. 4.

Complaint Compulsory counterclaim Cross-claims pleaded in the answer Answer to these pleadings (Sec. 3, Rules on Summary Procedure; Riano, p. 177, 2009 ed.)

Q: What are the prohibited pleadings, motions and petitions in small claims? A:

1.

Motion to dismiss the complaint except on the ground of lack of jurisdiction. 2. Motion for a bill of particulars. 3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial. 4. Petition for relief from judgment. 5. Motion for extension of time to file pleadings, affidavits, or any other paper. 6. Memoranda. 7. Petition for certiorari , mandamus, or prohibition against any interlocutory order issued by the court. 8. Motion to declare the defendant in default. 9. Dilatory motions for postponement. 10. Reply. 11. Third-party complaints. 12. Interventions. (Sec.14 of A.M. No. 08-8-7SC)

30

counsel representing him indicating his address. This address should not be a post office box. An unsigned pleading produces no legal effect. However, the court may, in its discretion, allow such deficiency to be remedied if it shall appear that the same was due to mere inadvertence and not intended for delay. Counsel who deliberately files an unsigned pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent matter therein, or fails to promptly report to the court a change of his address, shall be subject to appropriate disciplinary action (Sec. 3, Rule 7) c. VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING Q: How are pleadings verified? A: It is verified by an affidavit. This affidavit declares that the: 1. Affiant has read the pleading; and 2. Allegations therein are true and correct of his personal knowledge or based on authentic records (Sec. 4, Rule 7) Q: Is verification necessary in pleadings? A: No, except when otherwise specifically required

by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. (Sec. 4, Rule 7)



CIVIL PROCEDURE

2.

Q: What is the significance of verification? A: it is intended to secure an assurance that the

allegations in a pleading are true and correct and not the product of the imagination or a matter of speculation, and that the pleading is filed in good faith. The absence of a proper verification is cause to treat the pleading as unsigned and dismissible (Chua vs. Torres, 468 SCRA 358; Riano, Civil Procedure: A Restatement for the Bar , p. 60, 2009 ed.)

Cordillera Caraballo Mission, Inc., G.R. No. 155343, Sept. 2, 2005) and non-

compliance therewith does not necessarily render it fatally defective (Sarmiento v. Zaranta, G.R. No. 167471, Feb. 5, 2007)

3. Q: What are the pleadings that should be verified? A: The following should be verified:

1. 2. 3. 4. 5. 6. 7. 8. 9.

10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Petition for relief from judgment Petition for review from the RTCs to the CA Petition for review from the CTA and quasi-judicial agencies to the CA Appeal by certiorari from the CA to the SC Petition for annulment of judgments or final orders and resolutions Complaint for injunction Application for appointment of receiver Application for support pendente lite Petition for certiorari against the judgments, final orders or resolutions of constitutional commissions Petition for certiorari , prohibition, mandamus, quo warranto Complaint for expropriation Complaint for forcible entry or unlawful detainer Petition for indirect contempt Petition for appointment of general guardian Petition for leave to sell or encumber property of an estate by a guardian Petition for the declaration of competency of a ward Petition for habeas corpus Petition for change of name Petition for voluntary judicial dissolution of a corporation; Petition for correction or cancellation of entries in Civil Registry. (1996 Bar

It does not necessarily render the pleading defective. It is only a formal and not a jurisdictional requirement. The requirement is a condition affecting only the form of the pleading (Benguet Corp. v.

The absence of verification may be corrected by requiring an oath. The rule is in keeping with the principle that rules of procedure are established to secure substantial justice and that technical requirements may be dispensed with in meritorious cases (Pampanga Sugar Development Co., Inc. v. NLRC, G.R. No. 112650, May 29, 1997)

Q: What is the nature of the certification against non-forum shopping? A: It is a mandatory requirement in filing a

complaint and other initiatory pleadings asserting a claim or relief (Sec. 5, Rule 7). This rules applies as well to special civil actions since a since rules for ordinary civil action are suppletory (Riano, Civil Procedure: A Restatement for the Bar , p. 63, 2009 ed.). Q: Who executes certification against forumshopping? A: It is the plaintiff or principal party who executes the certification under oath (Sec. 5, Rule 7). It must

be signed by the party himself and cannot be signed by his counsels. (Digital Microwave Corp. v. CA, G.R. No. 128550, Mar. 16, 2000). It is the plaintiff who is in the best position to know whether he or it actually filed or caused the filing of a petition. (Far Eastern Shipping Co. v. CA, G.R. No. 130068, Oct. 1, 1998) Q: What are the undertakings of a party under the certification against forum shopping?

Question) A: Q: What are the effects of lack of verification?

1.

That the party has not commenced or 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

2.

That if there is such other pending action or claim, a complete statement of the present status thereof

A:

1.

A pleading required to be verified but lacks the proper verification shall be treated as an unsigned pleading (Sec. 4 as amended by A.M. 00-2-10, May 1, 2000). Hence, it produces no legal effect (Sec. 3, Rule 7)


SANTO TOMAS

31


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 five days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed (Sec. 5,

filing of the certification 14 days before the dismissal of the petition. In Uy v. LandBank, supra, the Court had dismissed Uy’s petition for

lack of verification and certification against nonforum shopping. However, it subsequently reinstated the petition after Uy submitted a motion to admit certification and nonforum shopping certification. In all these cases, there were special circumstances or compelling reasons that justified the relaxation of the rule requiring verification and certification on nonforum shopping.

Rule 7) Q: What is the effect of non-compliance with the rule on certification against forum shopping? A: It is not curable by mere amendment and shall be a cause for the dismissal of action (Sec.5, Rule 7). Note: When the case is dismissed due to non-

Q: Is substantial compliance allowed by the courts?

compliance with the certification, filing fees cannot be recovered.

A: GR: No. The rule is that the certificate of non-

Q: What is the effect of non-compliance with the undertakings?

forum shopping must be signed by all the petitioners or plaintiffs in a case and the signing by only one of them is insufficient.

A: It has the same effect as the submission of false

certification. Hence, such failure shall constitute indirect contempt of court without prejudice to the corresponding administrative and criminal sanctions. (Sec. 5 Rule 7).

XPN: However, the Court has also stressed that

A: It shall be a ground for summary dismissal. This dismissal is with prejudice and shall constitute direct contempt as well as cause for administrative

the rules on forum shopping, which were designed to promote and facilitate the orderly administration of justice, should not be interpreted with such absolute literalness as to subvert its own ultimate and legitimate objective. The rule of substantial compliance may be availed of with respect to the contents of the certification. This is because because the requirement of strict compliance with the provisions regarding the certification of nonforum shopping merely underscores its mandatory nature in that the certification cannot be altogether dispensed with or its requirements completely disregarded. It does not thereby interdict substantial compliance with its provisions under justifiable circumstances. (Cavile v. Heirs of Clarita Cavile,

sanctions (Sec. 5, Rule 7).

448 Phil 302, 2003)

Q: What is the effect of submission of a false certification? A: It shall constitute indirect contempt of court,

without prejudice to the corresponding administrative and criminal actions (Sec. 5, Rule 7) Q: What is the effect of willful and deliberate forum shopping of the party or his counsel?

Q: Is belated filing allowed by the courts?

Q: When should the rule on forum shopping be invoked?

A:

No. The lack of certification against GR: forum shopping is generally not curable by the submission thereof after the filing of the petition.

32

A:

It should be raised at the earliest opportunity in a motion to dismiss or a similar pleading. GR:

XPN: In certain exceptional circumstances,

Note: Invoking it in the later stages of the

however, the Court has allowed the belated filing of the certification. In Loyola v. Court of Appeals, et al. (245 SCRA 477 [1995]), the Court considered the filing of the certification one day after the filing of an election protest as substantial compliance with the requirement. In Roadway Express, Inc. v. Court of Appeals, et al. (264 SCRA 696 [1996]), the Court allowed the

proceedings or on appeal may result in the dismissal of the action which invokes forum shopping. XPNs: It may be invoked in the later stages only

if the violation arises from or will result in: 1. The loss of jurisdiction over the subject matter



CIVIL PROCEDURE

2. 3. 4.

The pendency of another action between the same parties for the same cause Barring of the action by a prior judgment The Statute of Limitations has been crossed (Young v. Keng Seng, G.R. No.143464, Mar. 5, 2003).

Q: Mayor Miguel, Mayor of City Koronadal, filed an action against RD Corporation for the annulment of the deed of absolute sale over several real properties of City of Koronadal alleging irregularities thereto with the RTC. The said deed of absolute sale was authorized by Mayor Miguel’s predecessor, Mayor de Jesus. The RTC dismissed the petition because the certification against forum shopping was signed by the City Legal Officer of City of Koronadal and not by Mayor Miguel. Is the RTC correct? A: Yes. It is the mayor, not the City Legal Officer,

who has the authority to file suits for the recovery of funds and property on behalf of the city even without the prior authorization from the Sanggunian. Here, Mayor Miguel had the authority to institute the action against RD Corporation. However, being the proper party to file such suits, Mayor Miguel must necessarily be the one to sign the certification against forum-shopping, and not the City Legal Officer, who, despite being an official of the City, was merely its counsel and not a party to the case (City of Caloocan v. CA, G.R. No. 145004, May 3, 2006). (1) REQUIREMENTS OF A CORPORATION EXECUTING THE VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

A: No. When the petitioner in a case is a

corporation, the certification against forum shopping should be signed by its duly authorized director or representative. The authorized director or representative of the corporation should be vested with authority by a valid board resolution. A proof of said authority must be attached with the certification (PAL v. FASAP, G.R. No. 143088, Jan. 24, 2006). d. EFFECT OF THE SIGNATURE OF COUNSEL IN A PLEADING Q: What is the effect of lawyer’s signature? A: The signature of counsel constitutes:

1. 2.

3.

A certificate by him that he has read the pleadings; 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. (Sec. 3, Rule 7) 4. ALLEGATIONS IN A PLEADING

a. MANNER OF MAKING ALLEGATIONS Q: What is the rule when making a pleading? A: Every pleading shall contain in a methodical and

logical form a plain, concise and direct statement of the ultimate facts, omitting the statement of mere evidentiary facts. (Sec. 1, Rule 6) Q: What are Ultimate facts?

Q: What is the rule when the plaintiff is a juridical person? A: The certification against forum shopping where

the plaintiff is a juridical entity like a corporation, may be executed by properly authorized person. This person may be a lawyer of a corporation. As long as he is duly authorized by the corporation and has personal knowledge of the facts required to be disclosed in the certification, such may be signed by the authorized lawyer (National Steel Corporation vs. CA, 388 SCRA 85; Riano, Civil Procedure: A Restatement for the Bar, p. 70, 2009 ed.) Q: Corporation XYZ is the petitioner in a civil case. Alexander, president of corporation XYZ, signed the certification against forum shopping in behalf of said corporation without presenting any proof of authority from the corporation. Is the certification against forum shopping valid? If not, how may it be cured?

A: They refer to the essential facts of the claim. A

fact is essential if it cannot be stricken out without leaving the statement of the cause of action insufficient. (Ceroferr Realty Corporation vs. Court of Appeals, 376 SCRA 144) (1) CONDITION PRECEDENT Q: What is condition precedent? A: It refers to matters which must be complied with before a cause of action arises. (Riano, Civil Procedure: A Restatement for the Bar, p. 97, 2009 ed.) Q: What is the rule on conditions precedent? A: When a claim is subject to a condition precedent,

the compliance of the same must be alleged in the pleading. Otherwise it will be a ground for dismissal


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33


for failure to state a cause of action. Such as tender of payment before consignation, prior resort to barangay conciliation when necessary, and etc

Q: How are actionable documents pleaded? A: By setting forth:

(Riano, Civil Procedure: A Restatement for the Bar, p. 97, 2009 ed.).

1.

(2) FRAUD, MISTAKE, MALICE, INTENT, KNOWLEDGE AND OTHER CONDITION OF THE MIND, JUDGMENTS, OFFICIAL DOCUMENTS OR ACTS

2.

Q: What is the rule in making averments of fraud or mistake? A: The circumstances constituting such fraud or mistake must be stated with particularity (Sec. 5, Rule 8). The complaint must state with particularity

the fraudulent acts of the adverse party. These particulars would necessarily include the time, place, and specific acts of fraud committed against him (Riano, Civil Procedure: A Restatement for the Bar, p. 98, 2009 ed.).

The substance of such document in the pleading and attaching said document thereto as an exhibit Said document verbatim in the pleading (Sec. 7, Rule 8).

Note: A variance in the substance of the document set

forth in the pleading and the document annexed thereto does not warrant the dismissal of the action (Convets, Inc. v. National Development Co., G.R. No. L10232, Feb. 28, 1958). However, the contents of the

document annexed are controlling. c. SPECIFIC DENIALS Q: What are the kinds of specific denial? A:

1.

Absolute denial – – defendant specifies

issued in compliance with law. With respect to an act, it is likewise sufficient to allege that the act was done also in compliance with law (Sec.9, Rule 8;

each material allegation of fact the truth of which he does not admit and, whenever practicable, shall set forth the substance of the matters upon which he relies to support his denial. Partial denial – defendant denies only a part of an averment. In this kind he shall specify so much of it as is true and material and shall deny only the remainder. Disavowal of knowledge – 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.

Riano, Civil Procedure: A Restatement for the Bar, p. 98, 2009 ed.).

(1) EFFECT OF FAILURE TO MAKE SPECIFIC DENIALS

b. PLEADING AN ACTIONABLE DOCUMENT

Q: What is the the effect of failure to make specific denial?

Q: What is the rule in making averments of malice, intent, knowledge or other conditions of the mind of a person?

The circumstances constituting such may be averred generally (Sec.5, Rule 8). A:

Q: What is the rule in pleading an official document or act? A: It is sufficient to aver that the document was

Q: What is an actionable document?

Referred to as the document relied upon by either the plaintiff and the defendant. (Araneta, Inc. vs. Lyric Factor Exchange, Inc. 58 Phil 736 ) E.g. A promissory note in an action for collection of a sum of money. (Riano, Civil Procedure: A Restatement A:

for the Bar, p. 101, 2009 ed.) Note: This manner of pleading a document applies

2.

3.

A: Material averments except as to the amount of

unliquidated damages, not specifically denied are deemed admitted. 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 (Riano, Civil Procedure: A Restatement for the Bar, p. 324, 2009 ed.)

only to an actionable document, i.e., one which is the basis of an action or a defense. Hence, if a document does not have the character of an actionable document, it need not be pleaded strictly in the manner prescribed by the rules (Ibid p.102)

34



CIVIL PROCEDURE

(2) WHEN A SPECIFIC DENIAL REQUIRES AN OATH

6. DEFAULT

Q: When is a specific denial must be coupled with an oath?

a. DECLARATION OF DEFAULT Q: When is a declaration of default proper?

A:

1.

A denial of an actionable document (Sec.

8, Rule 8)

2. A denial of allegations of usury in a complaint to recover usurious interest (Sec. 11, Rule 8)

A: If the defending party fails to answer within the

time allowed therefor, the court shall upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default (Sec. 3, Rule 9, Rules of Court). (Riano, p. 507, 2005 ed.)

5. EFFECT OF FAILURE TO PLEAD a. FAILURE TO PLEAD DEFENSES AND OBJECTIONS Q: May defenses not pleaded in a motion to dismiss or in the answer still be raised?

Q: In what situations where declaration of default is proper? A: It is proper in 3 situations:

1.

A: GR: No, they are deemed waived.

2.

XPNs: These defenses may be raised at any

stage of the proceedings even for the first time on appeal (Tijam v. Sibonghanoy, G.R. No. L21450, Apr. 15, 1968) : 1. Lack of jurisdiction over the subject matter; Note: It may however, be barred by laches.

3.

Defendant did not file any answer or responsive pleading despite valid service of summons; Defendant filed an answer or responsive pleading but beyond the reglementary period; and Defendant filed an answer to the court but failed to serve the plaintiff a copy as required by the Rules. b. EFFECT OF AN ORDER OF DEFAULT

Q: What are the effects of an order of default?

2. 3. 4.

Litis pendentia; Res judicata; and

A:

Statute of limitations (Sec. 1, Rule 9)

1.

b. FAILURE TO PLEAD A COMPULSORY COUNTERCLAIM AND CROSS-CLAIM

2. Q: May a compulsory counterclaim or cross-claim not set up in the answer still be raised subsequently? A: GR: A compulsory counterclaim or cross-claim not set up in the answer is deemed barred (Sec. 2, Rule 9).

3.

The party declared in default loses his standing in court. The loss of such standing prevents him from taking part in the trial [Sec. 3(a), Rule 9]; While the defendant can no longer take part in the trial, he is nevertheless entitled to notices of subsequent proceedings [Sec. 3 (a), Rule 9]. It is submitted that he may participate in the trial, not as a party but as a witness; and A declaration of default is not an admission of the truth or the validity of the plaintiff’s claims (Monarch Insurance v. CA, G.R. No. 92735, June 8, 2000).

XPN: If the compulsory counterclaim or cross-

claim is an after-acquired counterclaim, that is, such claim matured after filing of the answer, it may be pleaded by filing an amended answer or a supplemental answer or pleading (Sec. 9, Rule 11).

c. RELIEF FROM AN ORDER OF DEFAULT Q: What are the reliefs from an order of default? A:

1. Note: Counterclaims or cross-claims omitted through

oversight, inadvertence, or excusable neglect or when justice requires may be set up by amendment before judgment . Leave of court is necessary (Sec. 10, Rule

After notice of order and before judgment – The defendant must file a verified

motion to set aside the order of default upon proper showing that:

11).


SANTO TOMAS

35


a.

b.

His failure to answer was due to fraud, accident, mistake or excusable negligence; and That he has a meritorious defense. [Sec. 3(b), Rule 9] (2000 & 1999 Bar Question)

2.

f. ACTIONS WHERE DEFAULT ARE NOT ALLOWED Q: When is default not allowed? A:

1. 2.

After judgment and before judgment – He may file becomes final and executory –

3.

a motion for new trial under Rule 37. He may also appeal from the judgment as being contrary to the evidence or the law (Talsan Enterprises, Inc. v. Baliwag Transit, Inc., G.R. No. 169919, Sept. 11, 2009)

3.

4.

After the judgment becomes final and executory – he may file a petition for

Actions for annulment; Declaration of nullity of marriage and legal separation [Sec. 3(e), Rule 9] ; and In special civil actions of certiorari , prohibition and mandamus where comment instead of an answer is required to be filed.

7. FILING AND SERVICE OF PLEADINGS Q: What papers are required to be filed and served?

relief from judgment under Rule 38

A: Every judgment, resolution, order, pleading

(Balangcad v. Justices of the CA, G.R. No. 83888, Feb. 12, 1992) (2006, 1998 Bar Question)

subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected. (Sec.4, Rule 13)

Where the defendant has however, been wrongly or improvidently declared in default, the court can be considered to have acted with grave abuse of discretion amounting to lack or excess of jurisdiction and when the lack of jurisdiction is patent in the face of the judgment or from the judicial records, he may avail of the special civil action of certiorari under Rule 65 (Balangcad v. Justices of the CA, G.R.

a. PAYMENT OF DOCKET FEES Q: What is the significance of paying the docket fees? A: A complaint is not considered filed unless the

proper amount of the docket fee is paid. Thus, if the proper docket fee is not paid, the period of prescription continues to run.

No. 83888, Feb. 12, 1992) b. FILING VERSUS SERVICE OF PLEADINGS d. EFFECT OF A PARTIAL DEFAULT Q: What is filing? Q: What is the effect of partial default? A: It is the act of presenting the pleading or other paper to the clerk of court. (Sec. 2, Rule 13)

A: GR: The court will try the case against all

defendants upon the answer of some.

Q: What is service?

XPN: Where the defense is personal to the one

A: It is the act of providing a party with a copy of

who answered, in which case, it will not benefit those who did not answer e.g. forgery.

the pleading or paper concerned. If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the court. (Sec. 2, Rule 13)

(1995 Bar Question) e. EXTENT OF RELIEF Q: What is the extent of relief? A: The judgment shall not exceed the amount or be

different in kind from that prayed for nor award unliquidated damages [Sec. 3(d), Rule 9]. However, if the court orders submission of evidence, unliquidated damages may be awarded based on such.

36

c. PERIODS OF FILING OF PLEADINGS Q. When should a responsive pleading be filed? A: Periods for Filing an Answer Answer to an original complaint

Within service

15 days after of summons,



CIVIL PROCEDURE

unless a different period is fixed by the court (Sec. 1,

d. MANNER OF FILING

Rule 11).

Q: What are the modes of filing?

Defendant is a foreign private juridical entity and has a resident agent

Within 15 days after service of summons (Sec.6,

A:

in relation to Sec.5[a], Rule 2, A.M. NO. 00-8-10-SC 2000-11-21)

1.

Defendant is a foreign private juridical entity and has no resident agent but has an agent / officer in the Philippines Defendant is a foreign private juridical entity and has no resident agent nor agent/ officer. (Summons to be served to SEC which will then send a copy by registered mail within 10 days to the home office of the foreign private corporation) Service of summons by publication

Within 15 days after service of summons to said agent or officer (Sec.6,

2.

in relation to Sec.5[b], Rule 2, A.M. NO. 00-8-10-SC 2000-11-21)

Within 30 days after receipt of summons by the home office of the foreign private entity

(Sec. 3, Rule 13) Note: Filing by mail should be through the registry

service which is made by deposit of the pleading in the post office, and not through other means of transmission. e. MODES OF SERVICE Q: What are the modes of service?

A:

1. 2. Within the time specified in the order which shall not be less than 60 days after notice (Sec. 15, Rule 14)

Non-resident defendant to whom extraterritorial service of summons is made Answer to amended complaint (Matter of right)* Answer to amended complaint (Not a matter of right)*

Not be less than 60 days after notice (Sec. 15, Rule 14)

3.

Q: How is personal service done? A: By:

1.

Within 15 days from service of amended complaint (Sec. 3. Rule 11) Within 10 days counted from notice of the court order admitting the same

2.

3.

if known, with a person of sufficient age and discretion residing therein if no person found in his office, or if his office is unknown, or if he has no office (Sec. 6,

Within 10 days from service (Sec. 4, Rule 11) Like an original defendant – 15, 30, 60 days as the case may be (Sec. 5;

Within 10 days from notice of order admitting the same unless a different period is fixed by the court (Sec. 7, Rule 11)

Note: Upon motion and on such terms as may be just,

the court may extend the time to plead provided in these Rules. The court may also, upon like terms, allow an answer or other pleading to be filed after the time fixed by these Rules. (Sec.11, Rule 11)

Delivering personally a copy to the party or his counsel; Leaving a copy in counsel’s office with his clerk or with a person having charge thereof; or Leaving the copy between 8 a.m. and 6 p.m. at the party’s or counsel’s residence,

Rule 13). (2) SERVICE BY MAIL

Regalado, Vol. I, p. 212, 2005 ed.) Supplemental complaint

Personal service (Sec. 6, Rule 13); Service by registered mail (Sec. 7, Rule 13); or Substituted service (Sec. 8, Rule 13). (1) PERSONAL SERVICE

(Sec. 3, Rule 11) Counterclaim or crossclaim Third (fourth, etc.) party complaint

By presenting the original copies thereof, plainly indicated as such, personally to the clerk of court; or By sending them through registered mail

Q: How is service by mail done? A:

1.

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 10 days if undelivered; or


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2.

If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail (Sec. 7, Rule 13).

2.

3.

(3) SUBSTITUTED SERVICE Q: How and when is substituted service made?

4. A: 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 (Sec. 8,

of 10 days after mailing, unless the court otherwise provides. Service by registered mail – upon actual receipt by the addressee, or 5 days from the date he received the first notice of the postmaster, whichever date is earlier (Sec. 10, Rule 13). Substituted service – at the time of such delivery (Sec. 8, Rule 13). (7) PROOF OF FILING AND SERVICE

Q: What are the proofs of filing? A: GR: Filing is proven by its existence in the record of the case.

Rule 13). (4) SERVICE OF JUDGMENTS, FINAL ORDERS OR RESOLUTIONS

XPN: If it is not in the record, and: 1. If filed personally – – proved by the written

Q: How is service of judgment of final orders or resolutions done? A: By:

1. 2. 3.

– upon expiration Service by ordinary mail –

2. Personal service; Registered mail; or Publication, if party is summoned by publication and has failed to appear in the action (Sec. 9, Rule 13)

Note: No substituted service.

(5) PRIORITIES IN MODES OF SERVICE AND FILING

or stamped acknowledgement of its filing by the clerk of court on a copy of the same; or – proved by the If filed by registered mail – registry receipt and the affidavit of the person who did the mailing with a full statement of: a. The date and place of depositing the mail in the post office in a sealed envelope addressed to the court; b. With postage fully paid; and c. With instructions to the postmaster to return the mail to the sender after 10 days if undelivered. (Sec. 12, Rule

Q: What are the priorities in modes of service and filing?

13) Q: What are the proofs of service?

A: GR: Whenever practicable, the service and filing

shall be done personally.

A:

1.

Proof of personal service:

a. XPN: 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 (Sec.

b. c.

11, Rule 13)

2. Note: A violation of this rule may be cause to consider the paper as not filed (Sec. 11, Rule 13).

Proof of service by ordinary mail:

a. b.

(6) WHEN SERVICE IS DEEMED COMPLETE

3. Q: When is service deemed complete?

1.

Personal service – upon actual delivery.

Affidavit of mailer showing compliance of Sec. 7, Rule 13; and Registry receipt issued by the mailing officer (Sec. 13, Rule 13)

Registered mail:

a. b.

A:

Written Admission of the party served; or Official return of the server or Affidavit of the party serving, containing the date, place and manner of service.

Affidavit; and Registry receipt issued by the mailing office.

The registry return card shall be filed immediately upon its receipt by the sender, or in lieu

Note:

38



CIVIL PROCEDURE

thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. (Sec. 13, Rule 13) Q: What is a notice of lis of lis pendens? pendens?

Note: Plaintiff may amend his complaint even if the

same was dismissed on motion of the defendant provided that the dismissal order is not yet final. (Arranz vs. Manila Surety and Fidelity Co., Inc., L128441, June 30, 1960)

A: In an action affecting the title or the right of

possession of real property, the plaintiff and the defendant, when affirmative relief is claimed in his answer, may record in the office of the registry of deeds of the province in which the property is situated a notice of the pendency of the action. Note: Only from the time of filing such notice for

record shall a purchaser, or encumbrancer of the property affected thereby, be deemed to have constructive notice of the pendency of the action, and only of its pendency against the parties designated by their real names. (Sec.14, Rule 13) 8. AMENDMENT Q: How are pleadings amended?

c. FORMAL AMENDMENT Q: What is the rule on formal amendments? A: 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, provided no prejudice is caused thereby to the adverse party (Sec. 4, Rule 10). d. AMENDMENTS TO CONFORM TO OR AUTHORIZE PRESENTATION OF EVIDENCE Q: When may amendment be made to conform to or authorize presentation of evidence? A:

A: By:

1. 2.

Adding or striking out an allegation or the name of any party; or Correcting a mistake in the name of a party or a mistaken or inadequate allegation or description in any other respect (Sec. 1, Rule 10)

a. AMENDMENT AS A MATTER OF RIGHT Q: When is amendment considered as a matter of right? A: It is considered as a matter of right at any time

1.

When issues not raised by the pleadings are tried with the express or implied consent of the parties. Note: Failure to amend does not affect the result of the trial of said issue.

2.

Amendment may also be made to authorize presentation of evidence if evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, if the presentation of the merits of the action and the ends of substantial justice will be subserved thereby (Sec. 5, Rule 10).

before a responsive pleading is served or, in the case of a reply, at any time within ten (10) days after it is served (Sec. 2, Rule 10).

e. DIFFERENT FROM SUPPLEMENTAL PLEADINGS

Note: A motion to dismiss is not a responsive pleading

Q: Distinguish an amended pleading from a supplemental pleading.

and its filing does not preclude the exercise of the plaintiff’s right to amend his complaint. (Riano, p. 246, 2009 ed.

b. AMENDMENTS BY LEAVE OF COURT Q: When is leave of court required? A:

1. 2.

If the amendment is substantial (Sec. 3, Rule 10); and A responsive pleading had already been served (Siasoco v. CA, G.R. No. 132753. Feb. 15, 1999) (1994 Bar Question)

A: Amended Pleading

Supplemental Pleading

Refer to the facts existing at the time of filing of original pleading Supersedes the original

Refers to facts occurring after the filing of the original pleading. Merely supplements the original pleading. Always with leave of court

May be amended without leave of court before a responsive pleading is filed. Amendment must be appropriately marked.

There is no such requirement in supplemental pleadings (Herrera, Vol. I, p. 854,


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2007 ed.)

Note: Voluntary appearance cures the defect in

the service of summons. f. EFFECT OF AMENDED PLEADING Q: What is the effect of an amended pleading? A: An amended pleading supersedes the pleading it

amends. However, admissions in the superseded pleading can still be received in evidence against the pleader. Claims or defenses alleged therein but not incorporated or reiterated in the amended pleading are deemed waived (Sec. 8, Rule 10).

XPN: Special appearance in court to challenge

its jurisdiction over the person of the defendant and the inclusion in a motion to dismiss of other grounds shall not be deemed a voluntary appearance (Sec. 20, Rule 15; La Naval Drug Corp. v. CA, G.R. No. 103200, Aug. 31, 1994). 3. PERSONAL SERVICE Q: When is personal service of summons proper?

F. SUMMONS

A: Only if the suit is one strictly in personam. The

1. NATURE AND PURPOSE OF SUMMONS IN RELATION TO ACTIONS IN PERSONAM, IN REM AND QUASI IN REM

service of summons must be made by service in person on the defendant. This is effected by handing a copy of the summons to the defendant in person, or if he refuses to receive it, by tendering the copy of the summons to him (Sec. 6, Rule 14 ).

Q: What is the nature of summons?

(Riano, p. 423 , 2005 ed.)

A: It is the writ by which the defendant is notified of the action brought against him (Gomez vs. Court of Appeals, G.R. No. 127692, March 10, 2004). An

4. SUBSTITUTED SERVICE Q: When is substituted service of summons proper?

important part of that notice is a direction to the defendant that he must answer the complaint within a specified period, and that unless he so answers, plaintiff will take judgment by default and may be granted the relief applied for (Sec. 2, Rule 14). (Riano, p. 411 , 2005 ed.) Q: What are the purposes of summons? A:

1.

Actions in personam

a. b.

2.

To acquire jurisdiction over the person of the defendant; and To give notice to the defendant that an action has been commenced against him (Umandap v. Sabio, Jr.,

A: In our jurisdiction, for substituted service of

summons to be valid, it is necessary to establish the following: 1. The impossibility of service of summons in person within a reasonable time; 2. The efforts exerted to locate the person to be served; and 3. Service upon a person of sufficient age and discretion in the same place as the defendant or some competent person in charge of his office or regular place of business (Sabio, Jr., 339 SCRA 243 [2000]; Hamilton vs. Levy, G.R. No. 139283, November 15, 2000). (Riano, p. 427 , 2005 ed.)

G.R. No. 140244, Aug. 29, 2000) 2000) Actions in rem and quasi in rem – not to

5. CONSTRUCTIVE SERVICE (BY PUBLICATION)

acquire jurisdiction over the defendant but mainly to satisfy the constitutional requirement of due process (Gomez v. CA,

Q: Is leave of court required in constructive service of summons?

G.R. No. 127692, Mar. 10, 2004). 2. VOLUNTARY APPEARANCE

A: This service always requires permission of the court.

Q: What is the effect of voluntary appearance before the court? Explain. A: GR: The defendant’s voluntary appearance shall

be equivalent to service of summons and the consequent submission of one’s person to the

jurisdiction of the court (Sec. 20, Rule 14).

40



CIVIL PROCEDURE

a. SERVICE UPON A DEFENDANT WHERE HIS IDENTITY IS UNKNOWN OR WHERE HIS WHEREABOUTS ARE UNKNOWN b. SERVICE UPON RESIDENTS TEMPORARILY OUTSIDE THE PHILIPPINES Q: When is constructive service of summons proper?

by any other manner the court may deem sufficient. (Riano, p. 439-440, 2005 ed.) 7. SERVICE UPON PRISONERS AND MINORS Q: How is service of summons upon prisoner made? A: Service shall be effected upon him by the officer

A:

1.

Service upon a defendant where his identity is unknown or where his whereabouts are unknown. When the defendant is designated as an unknown and cannot be ascertained by diligent inquiry, Sec. 14, Rule 14 allows service of summons by publication in a newspaper of general circulation and in such places and for such time as the court may order. (Riano, p. 432 , 2005 ed.)

having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. (Sec. 9, Rule 14) Q: How is service of summons upon minors made? A: 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. (Sec. 10, Rule 14)

2.

Service upon residents temporarily outside the Philippines. When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines (Sec. 16, Rule 14).

6. EXTRA-TERRITORIAL SERVICE, WHEN ALLOWED Q: When is extra-territorial service of summons allowed?

8. PROOF OF SERVICE Q: How is proof of service done? A: It 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 same; and shall be sworn to when made by a person other than a sheriff or his deputy (Sec 18, Rule 14). Q: How is proof of service by publication done?

A: The defendant must be a non-resident defendant

who is at the same time not found in the Philippines at the time summons is to be served. In addition, the action commenced against him must be any of the following: 1. 2.

3.

4.

An action that affects the personal status of the plaintiff; An action that relates to, or the subject of which is the property within the Philippines in which the defendant has or claims a lien or interest, actual or contingent; An action in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein; An action where the property of the defendant has been attached in the Philippines.

A: It is done through the following:

1.

2.

Affidavit of the printer, his foreman or principal clerk, business or advertising manager, to which affidavit a copy of the publication shall be attached; and Affidavit showing the deposit of a copy of the summons and order for publication in the post office (Sec. 19, Rule 14). G. MOTIONS 1. MOTIONS IN GENERAL a. DEFINITION OF A MOTION

Q: What is a motion? A: It is an application for relief other than by a pleading. (Sec. 1, Rule 15)

Note: In any of the above instances,

extraterritorial service is permissible with leave of court and may be effected by personal service, summons by publication or ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R SI T Y O F VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY-OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

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b. MOTIONS VERSUS PLEADINGS Q: What is the rule on hearing of motions? Q: Distinguish a motion from a pleading. A: GR: Every written motion shall be set for

A pleading is a written statement of the respective claims and defenses of the parties submitted to the court for appropriate judgment (Sec. 1, Rule 6). It may be in the form of a complaint, counterclaim, cross-claim, third-party complaint, or complaint-in-intervention, answer or reply (Sec. 2, Rule 6). A:

A motion on the other hand is an application for relief other than a pleading(Sec. 1, Rule 15).

hearing by the applicant. XPN: Motions which the court may act upon without prejudicing the rights of the adverse party (Sec. 4, Rule 15). e. OMNIBUS MOTION RULE Q: What is the Omnibus Motion Rule? A:

c. CONTENTS AND FORMS OF MOTIONS Q: Should a motion be in writing?

All available grounds for objection in attacking a pleading, order, judgment, or proceeding should be invoked at one time; otherwise, they shall be deemed waived (Sec. 8,

GR:

Rule 15).

A: GR: Yes. XPN: Those made in open court or in the course of hearing or trial (Sec. 2, Rule 15). Q: What are the contents of a motion? A: The contents of a motion are:

1. 2. 3.

the relief sought to be obtained; the ground upon which it is based; and if required by the Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. (Sec. 3, Rule 15)

XPN: The court may dismiss the case motu proprio based on:

1. 2. 3. 4.

Lack of jurisdiction over the subject matter; Litis pendentia; Res judicata; and Barred by statute of limitations (Sec. 1, Rule 9)

f. LITIGATED AND EX-PARTE MOTIONS Q: What is a litigated motion? A: It is a motion which affects the substantial rights

Q: May a motion pray for judgment? A: GR: No.

Q: What is an ex-parte motion? A: It is taken or granted at the instance and for the

XPN: Motion for:

1. 2. 3.

of the parties. A hearing is required.

judgment on the pleadings; summary judgment; or Judgment on demurrer to evidence.

d. NOTICE OF HEARING AND HEARING OF MOTIONS

benefit of one party, and without notice to or contestation by any party adversely affected (Regalado, Remedial Law Compendium, p. 264, 2009 ed.) g. PRO-FORMA MOTIONS

Q: What shall the notice of hearing specify?

Q: What is a pro-forma a pro-forma motion?

A: It shall specify the time and date of the hearing

A: It is that which does not comply with the rules on

which shall not be later than ten (10) days after the filing of the motion and it shall be addressed to the parties concerned (Sec. 5, Rule 15).

motion and is considered as one filed merely to delay the proceedings (Marikina Development Corp., v. Flojo, G.R. No. 110801, Dec. 8, 1995).

Note:

Failure to comply with the mandatory requirements of the rule regarding notice of hearing is pro forma and presents no question which merits the attention of the court (Bacelonia v. CA, G.R. No. 143440, Feb. 11, 2003).

42



CIVIL PROCEDURE

2. MOTIONS FOR BILL OF PARTICULARS

2.

a. PURPOSE AND WHEN APPLIED FOR

3.

Q: What is a bill of particulars and when can it be availed of?

If plaintiff, his compliant will be stricken off and dismissed (Sec. 3, Rule 17) If defendant, his answer will be stricken off and his counterclaim dismissed, and he will be declared in default upon motion of the plaintiff (Sec. 4, Rule 17; Sec. 3, Rule 9).

A: 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. If the pleading is a reply, the motion must be filed within 10 days from service thereof (Sec. 1, Rule12). (2003 Bar Question)

Note: If the plaintiff failed to comply with the period,

the court upon motion of the defendant may strike out the paragraph where ambiguity lies. If the entire complaint is ambiguous, such is striken out and there is no more case. d. EFFECT ON THE PERIOD TO FILE A RESPONSIVE PLEADING

Note: Its purpose is to aid in the preparation of a

responsive pleading. An action cannot be dismissed on the ground that the complaint is vague or definite. (Galeon v. Galeon, G.R. No. L-30380, Feb. 28, 1973).

b. ACTIONS OF THE COURT Q: What are the actions taken by the court regarding the motion for bill of particulars? A: The court may either:

1. Deny it; 2. Grant it outright; or 3. Allow the parties the opportunity to be heard (Sec. 2, Rule 12). c. COMPLIANCE WITH THE ORDER AND EFFECT OF NON-COMPLIANCE Q: When must be the compliance be effected? A: If the motion is granted, either in whole or in

part, it must be effected within ten (10) days from notice of the order, unless a different period is fixed by the court (Sec. 3, Rule 12). Note: Bill of particulars may be filed either on a

separate or in an amended pleading, serving a copy thereof on the adverse party. Q: What is the effect of non-compliance with the order of a bill of particulars?

Q: What is the effect of a motion for bill of particulars on the period to file a responsive pleading? A: After service of the bill of particulars or of a more

definite pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to which he was entitled at the time of filing his motion, which shall not be less than five (5) days in any event (Sec. 5, Rule12). Q: Within the period for filing a responsive pleading, the defendant filed a motion for bill of particulars that he set for hearing on a certain date. However, the defendant was surprised to find on the date set for hearing that the trial court had already denied the motion on the day of its filing, stating that the allegations of the complaint were sufficiently made. 1. Did the judge gravely abuse his discretion in acting on the motion without waiting for the hearing set for the motion? 2. If the judge grants the motion and orders the plaintiff to file and serve the bill of particulars, can the trial judge dismiss the case if the plaintiff does not comply with the order? A:

1.

A:

1.

If the order is not obeyed or in case of insufficient compliance therewith, the court: a. May order the striking out of the pleading or the portion thereof to which the order is directed; or b. Make such order as it may deem just (Sec. 4, Rule 12)

2.

No. Sec. 2, Rule 12 authorizes the court to either deny or grant said motion outright or allow the parties an opportunity to be heard. The court is not mandated to conduct a hearing. Yes. Sec. 4, Rule 12 authorizes the court to order the striking out of the pleading affected, hence the dismissal of the complaint. To the same end is the provision of Sec. 3, Rule 17 when the plaintiff fails to comply for no justifiable


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cause with any order of the court or with the Rules. (2008 Bar Question)

8.

That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished;

9.

That the claim on which the action is founded is unenforceable under the provisions of the statute of frauds;

3. MOTION TO DISMISS a. GROUNDS Q: What are the grounds for a motion to dismiss under Rule 16?

10. That a condition precedent for filing the claim has not been complied with.(Sec. 1,

A:

1.

That the court has no jurisdiction over the person of the defending party;

2.

That the court has no jurisdiction over the subject matter of the claim;

3.

That venue is improperly laid;

4.

That the plaintiff has no legal capacity to sue; Note: The issue of the plaintiff’s lack of legal

capacity to sue cannot be raised for the first time on appeal where the defendant dealt with the former as a party in the proceeding.

5.

That there is another action pending between the same parties for the same cause; Note: Litis pendentia requires concurrence of the following requisites: a. Identity of the parties b. Identity of rights asserted and reliefs prayed for, being founded on the same facts c. Identity with respect to the two preceding particulars, such that any judgment that may be rendered in the pending case would amount to red adjudicate in the other case. (Lim vs. Vianzon, G.R. No. 137187, Aug.3, 2006)

6.

7.

44

That the cause of action is barred by a prior judgment or by the statute of limitations; Note: The requisites of res judicata include: The former judgment must be final a. The court which rendered it has jurisdiction over the subject matter and the parties b. Judgment must be on the merits c. There must be identity of parties, subject matter and causes of action That the pleading asserting the claim states no cause of action; Note: Curable by amendment

Rule 16) Note: Not jurisdictional in nature, hence, deemed waived if not raised. b. RESOLUTION OF MOTION Q: What are the three courses of action which the trial court may take in resolving a motion to dismiss?

A: 1. 2. 3.

Dismiss the action or claims; Deny the motion; or Order the amendment of the pleading (Sec. 3, Rule 16).

Note: The court shall not defer the resolution of the

motion for the reason that the ground relied upon is not indubitable. In every case, the resolution shall state clearly and distinctly the reasons therefor (Sec. 3, Rule16).

c. REMEDIES OF PLAINTIFF WHEN THE COMPLAINT IS DISMISSED Q: What are the remedies of the plaintiff when the complaint is dismissed? A: If the dismissal is without prejudice, the plaintiff may re-file the complaint. If the dismissal is with prejudice, the plaintiff may file an appeal. ( Riano, Riano, Civil Procedure: A Restatement for the Bar, p. 319-320, 2009 ed.) d. REMEDIES OF THE DEFENDANT WHEN THE MOTION IS DENIED Q: What are the remedies of the defendant when the motion is denied? A: File an answer and proceed with the trial. If

decision is adverse, appeal therefrom and raise as error the denial of the motion to dismiss. If there is grave abuse of discretion amounting to lack or excess of jurisdiction, certiorari or prohibition may lie under Rule 65. If there is unlawful neglect of the performance of an act which the law specifically enjoins, mandamus is the proper remedy. ( Riano, Riano, Civil Procedure: A Restatement for the Bar, p. 319, 2009 ed.)



CIVIL PROCEDURE

e. EFFECT OF DISMISSAL OF COMPLAINT ON CERTAIN GROUNDS Q: What is the effect of dismissal on the following grounds: 1. Cause of action is barred by prior judgment or by the statute of limitations; 2. Claim or demand has been paid, waived, abandoned, or otherwise extinguished; and 3. Claim is unenforceable under the statute of frauds? A: Dismissal is with prejudice and constitutes res judicata. The language of the rule, particularly on the relation of the words “abandoned” and “otherwise extinguished” to the phrase claim or demand deemed set forth in the plaintiff’s pleading” is broad enough to include within its

ambit the defense of bar by laches. However, the trial court must set a hearing on the motion where the parties shall submit not only their arguments on the questions of law but also their evidence on the questions of fact involved (Pineda v. Heirs of Eliseo Guevarra, G.R. No. 168557, Feb. 19, 2007). f. WHEN THE GROUNDS PLEADED AS AFFIRMATIVE DEFENSES Q: When can the grounds for motion to dismiss be pleaded as affirmative defense? A: If no motion to dismiss has been filed, any of the

grounds for dismissal provided for in the Rules 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 had been filed. The dismissal of the complaint shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the answer. (Sec. 6, Rule 16)

g. BAR BY DISMISSAL Q: What are the grounds for dismissal that may bar the refiling of the same action or claim? A:

1. 2. 3. 4.

Res judicata; Prescription; Extinguishment of the claim or demand; and Unenforceability under the State of Frauds. (Sec. 5, Rule 16)

h. DISTINGUISH FROM DEMURRER TO EVIDENCE UNDER RULE 33 Q: Distinguish motion to dismiss under Rule 16 from motion to dismiss under Rule 33. A: Rule 16 (Motion to Dismiss) Grounded on preliminary objections May be filed by any defending party against whom a claim is asserted in the action Should be filed within the time for but prior to the filing of the answer

If denied , defendant

answers, or else he may be declared in default.

Rule 33 (Demurrer (Demurrer to to Evidence)

Based on insufficiency of evidence May be filed only by the defendant against the complaint of the plaintiff

May be filed only after the plaintiff has completed the presentation of his evidence (Regalado, Remedial Law, Compendium Vol. I, p. 267, 2005 ed.) If denied, defendant may

present

evidence.

If granted , but on appeal

the order of dismissal is reversed, the defendant If granted, plaintiff loses his right to present (Riano, Civil may appeal or if evidence subsequent case is not Procedure: A Restatement barred, he may re-file for the Bar, p. 399, 2009 ed.) the case


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H. DISMISSAL OF ACTIONS 1. DISMISSAL UPON NOTICE BY PLAINTIFF; TWO-DISMISSAL RULE 2. DISMISSAL UPON MOTION BY PLAINTIFF; EFFECT ON EXISTING COUNTERCLAIM 3. DISMISSAL DUE TO THE FAULT OF PLAINTIFF Q: Distinguish the different types of dismissal under Rule 17. A: Dismissal upon notice by plaintiff (Sec. plaintiff (Sec. 1, Rule 17) A 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. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim. It is a matter of right. GR: A dismissal without prejudice i.e. the

complaint can be re-filed XPNs:

1.

2.

3.

Dismissal upon motion of plaintiff (Sec. 2, Rule 17)

Dismissal due to fault of plaintiff (Sec. 3, Rule 17) plaintiff (Sec.

After service of the answer or a motion for summary judgment by the adverse party.

1. If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint. 2. If the plaintiff fails to prosecute his action for an unreason-nable length of time (nolle prosequi). 3. If the plaintiff fails to comply with the Rules or any order of the court.

Matter of discretion upon the court. A complaint shall not be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and conditions as the court deems proper

Matter of evidence. GR: Dismissal is with prejudice

because it has an effect of an adjudication on the merits.

(Sec. 2, Rule 17).

The notice of dismissal by the plaintiff provides that the dismissal is with prejudice; or The plaintiff has once dismissed in a competent court an action based on or including the same claim (Two-

GR: It is a dismissal without prejudice, XPN: If the order of dismissal specifies that it is with prejudice (Sec. 2, Rule 17)

dismissal rule) (Sec. 1, Rule 17)

Note: A class suit shall not be dismissed

Even where the notice of dismissal does not provide that it is with prejudice but it is premised on the fact of payment by the defendant of the claim involved (Serrano v.

or compromised without the approval of the court. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion for dismissal, the dismissal shall be limited to the complaint.

Cabrera, G.R. No. L-5189, Sept. 21, 1953)

Since there is no answer yet filed by the adverse party, no counterclaim recoverable

XPN: Unless otherwise declared by the court (Sec. 3, Rule 17)

GR: It is also without prejudice to the

right of defendant to prosecute his counterclaim in a separate action. XPN: Unless within 15 days from notice

of the motion he manifests his preference to have his counterclaim resolved in the same action (Sec. 2,

Dismissal upon motion of the defendant or upon the court's own motion is without prejudice to the right of the defendant to prosecute his counterclaim on the same or separate action

Rule 17). Note: The plaintiff’s failure to appear at the trial after he has presented his evidence and rested his case does not warrant the dismissal of the case on the ground of failure to prosecute. It is merely a waiver of his right to cross-examine and to object to the admissibility of evidence (Jalover v. Ytoriaga, G.R. No. L-35989, Oct. 28, 1977). The provision of this

rule shall also apply to the dismissal of any counterclaim, cross-claim, or third-party complaint (Sec. 4, Rule17).

46



CIVIL PROCEDURE

Q: When does the two-dismissal rule apply?

I. PRE-TRIAL

A: It applies when the plaintiff has:

1. 2. 3.

Twice dismissed the actions; Based on or including the same claim; and In a court of competent jurisdiction (Riano, Civil Procedure: A Restatement for the Bar, p. 265, 2009 ed.)

Note: The second notice of dismissal will bar the re-

filing of the action because it will operate as an adjudication of the claim upon the merits. In other words, the claim may only be filed twice, the first being the claim embodied in the original complaint. (Riano, Civil Procedure: A Restatement for the Bar, p. 265, 2009 ed.)

4. DISMISSAL OF COUNTERCLAIM, CROSS-CLAIM OR THIRD-PARTY COMPLAINT Q: What is the effect of dismissal upon a counterclaim, which was already pleaded?

1. CONCEPT OF PRE-TRIAL Q: What is pre-trial? A: It is a procedural device by which the court is

called upon, after the filing of the last pleading, to compel the parties and their lawyers to appear before it, and negotiate an amicable settlement or otherwise make a formal statement and embody in a single document the issues of fact and law involved in the action, and such other matters as may aid in the prompt disposition of the action (Herrera, Vol. I, p. 1074, 2007 ed.). Q: When is pre-trial conducted? A: After the last pleading has been served and filed,

it shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial. (Sec.1, Rule 18)

A:

1.

If a counterclaim has already been pleaded by the defendant prior to the service upon him of the plaintiff’s motion

2.

to dismiss, and the court grants the said motion to dismiss, the dismissal shall be limited to the complaint. The defendant if he so desires may prosecute his counterclaim either in a separate action or in the same action. Should he choose to have his counterclaim resolved in the same action, he must notify the court of his preference within fifteen (15) days from notice of the plaintiff’s motion to dismiss.

3.

The dismissal of the complaint does not carry with it the dismissal of the counterclaim. (Riano, Civil Procedure: A

2. NATURE AND PURPOSE Q: What is the nature of pre-trial? A: It is mandatory (Sec. 2, Rule 18). Q: What are the purposes of pre-trial? A: The court shall consider the following purposes:

1.

2. 3. 4.

Restatement for the Bar, pp. 266-267, 2009 ed.)

5. 6.

Q: What rule governs the dismissal of counterclaim, cross-claim, or third-party complaint?

7.

A: The rule on the dismissal of a complaint applies

to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone by notice pursuant to Sec. 1, Rule 17 shall be made before a responsive pleading or a motion for summary judgment is served or, if there is none, before the introduction of evidence at the trial or hearing (Sec. 4, Rule 17).

8. 9.

Possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; Simplification of the issues; Necessity or desirability of amendments to the pleadings; Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; 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 therefore be found to exist; Advisability or necessity of suspending the proceedings; and Such other matters as may aid in the prompt disposition of the action. (Sec. 2, Rule 18)


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5.

3. NOTICE OF PRE-TRIAL Q: To whom shall notice of pre-trial be served? A: It shall be served on counsel, or on the party who

6.

has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him (Sec. 3, Rule 18). 4. APPEARANCE OF PARTIES; EFFECT OF FAILURE TO APPEAR

Q: Who has the duty to appear at the pre-trial? A: The parties and their counsel. Q: What is the effect of a party’s failure to appear during the pre-trial?

A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and The number and names of the witnesses, and the substance of their respective testimonies and the approximate number of hours that will be required by the parties for the presentation of their respective witnesses (Sec. 6, Rule 18).

Q: What is the effect of failure to file a pre-trial brief? A: It shall have the same effect as failure to appear at the pre-trial (A.M. No. 03-1-09-SC, July 13, 2004). 6. DISTINCTION BETWEEN PRE-TRIAL IN CIVIL CASE AND PRE-TRIAL IN CRIMINAL CASE

A: Plaintiff’s failure to appear during the pre-trial

shall be a cause for dismissal of the action, with prejudice, unless otherwise ordered by the court. Defendant’s non-attendance during the pretrial shall be a cause to allow the plaintiff to present evidence ex parte and the court to render judgment on the basis thereof (Sec. 5, Rule 18). (1992 Bar

Q: Distinguish pre-trial in civil cases from pre-trial in criminal cases. A: Pre-trial in civil case

Pre-trial in criminal case

Question)

It is set when the plaintiff moves ex parte to set the case for pre-trial (Sec. 1,

Note: The non-appearance of a party may be excused

Rule 18)

only if a valid cause is shown therefore or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and of documents. (Sec.4, Rule 18)

The motion to set the case for pre-trial is made after the last pleading has been served and filed

It is ordered by the court and no motion to set the case for pre-trial is required from either the prosecution or the defense The pre-trial is ordered by the court after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. It does not include the possibility of amicable settlement of criminal liability as one of its purposes (Sec. 1, Rule 118). All agreements or admissions made or entered during the pretrial conference shall be reduced in writing and signed by both the accused and counsel, otherwise, they cannot be used against the accused

(Sec. 1, Rule 18)

5. PRE-TRIAL BRIEF, EFFECT OF FAILURE TO FILE Q: When should the parties file with the court and serve on the adverse party their pre-trial briefs? A: They shall file their respective pre-trial briefs in

such a manner as shall ensure their receipt thereof at least three (3) days before the date of the pretrial (Sec. 6, Rule 18). Q: What should a pre-trial brief contain?

Requires the proceeding during the preliminary conference to be recorded in the “minutes

of preliminary

A:

1.

2. 3. 4.

48

It considers the possibility of an amicable settlement as an important objective.

A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof; A summary of admitted facts and proposed stipulation of facts; The issues to be tried or resolved; The documents or exhibits to be presented, stating the purpose thereof;

conference” to be signed

by both parties and/or counsel. The rule allows either the party or his counsel to sign the minutes (A.M. No. 03-1-

(Sec. 2, Rule 18)

09-SC).

Sanctions for nonappearance in a pre-trial are imposed upon the plaintiff and the

The sanctions in a criminal case are imposed upon the counsel for the accused or the prosecutor



CIVIL PROCEDURE

defendant in a civil case

ii. iii.

(Sec. 3, Rule 18)

(Sec. 4, Rule 18).

Specifically required to be submitted in a civil case (Sec. 6, Rule 18)

Not specifically required in a criminal case.

2. 3. 4. 5. 6. 7.

7. ALTERNATIVE DISPUTE RESOLUTION (ADR) Q: What are the other modes of solving disputes? A:

1.

Alternative Dispute Resolution (ADR) a. Arbitration i. Domestic Arbitration

Construction Disputes International Commercial Arbitration b. Mediation c. Conciliation d. Early Neutral Evaluation e. Mini-trial Court-Annexed Mediation Appellate Court Mediation Judicial Dispute Resolution Katarungang Pambarangay Law Small Claims Cases Rules on Summary Procedure

Q: Distinguish the other modes of solving disputes. A: ADR

1.

2.

To actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes. To achieve speedy and impartial justice and unclog court dockets.

Court-Annexed Mediation/Judicial Dispute Resolution (A.M. No, 11-1-6-SC-PHILJA) Purpose / Object The purposes of CAM and JDR is “to put an

Appellate Court Mediation

1.

end to pending litigation through compromise agreement of the parties and thereby help solve the ever-pressing problem of court docket congestion”. It is also intended “to empower the parties to

resolve their own disputes and give practical effect to the State Policy expressly stated in the ADR Act of 2004 (R.A. No.

2.

9285)”

After mediation has failed in the lower courts, Appellate Court Mediation provides an added option to put an end to costly and long-drawn litigation. It facilitates the interest-based settlement of the dispute through proposals coming from the parties or suggested by the mediator and accepted by the parties.

Where to File

Subject to the terms of the Court acquiring jurisdiction of the case contract or the submission since mediation is part of the mandatory agreement, the arbitrators pre-trial selected must, within 5 days from notice of appointment, if Note: Court-annexed mediation should be the parties to the controversy distinguished from court-referred mediation. reside within the same city or The former is conducted under the court’s province, or within 15 days after auspices after such court has acquired appointment if the parties reside jurisdiction of the dispute while the latter is in different provinces, set a time mediation ordered by the court to be and place for the hearing of the conducted in accordance with the parties’ agreement when an action is prematurely matters submitted to them. (Sec. 12, R.A. 876)

Court of Appeals

commenced in violation of such agreement.

The first stage is the CAM “where the judge

refers the parties to the Philippine Mediation Center (PMC) for the mediation of their dispute by trained and accredited me diators”. Upon failing to secure a settlement of the dispute during the first stage, “a second attempt is made at the JDR stage”, where the JDR judge becomes a “mediator -conciliator-

early neutral evaluator in a continuing effort to secure a settlement”


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UST GN 2011 - Remedial Law Proper

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