Salvador Notes

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CLASS NOTES UNDER ATTY. SALVADOR

Jurisdiction
Jurisdiction:
Power of the court to hear and decide a case on the merits
Authority given by law to a court or tribunal to hear and determine certain
controversies involving rights which are legally demandable and enforceable
Granted by law; Cannot be stipulated
Cannot be waived
Civil Procedure
I. Definition
II. Jurisdiction over the subject matter
III. Jurisdiction over the person
IV. Filing Fees
Criminal Procedure
I. Definition
II. Venue is jurisdictional
III. Jurisdiction over the offense
IV. Jurisdiction over the person
** Filing fees is not necessary; Actual damages need not be assessed.
An action for recovery of possession is not necessarily an ejectment case.

Jurisdiction is determined by the assessed value.
Principal action for damages is determined by the amount claimed. (Admin. Circ.
09-94)
Generally, damages is established by proof.
5.
6.
MTC has a number of procedures:

1. Ordinary
2. Summary
o Probate is not subject to summary procedure.
3. Small claims
o Small claims does not make a distinction as long as the amount does not
exceed 100K, exclusive of interests and costs
o Procedure:
No need a lawyer to file a complaint. Just file an affidavit.
Answer must be in the prescribed form.
Option is with the complainant whether to file before the MTC or
the small claims court.
CA Jurisdiction
1. Original
2. Appellate
SC Jurisdiction
1. Original
2. Appellate
Take note of the Constitutional provision on SC Jurisdiction.

o Disciplinary cases against member of the Bar can be filed under the IBP or
the SC
REMEMBER: The only way to go up to the SC is through a petition for review on

certiorari under Rule 45.
EXCEPT: If penalty imposed is death, life imprisonment, or reclusion perpetua
Jurisdiction over the subject matter

RTC Jurisdiction
Remember Sec. 19, BP 129
Family case regardless of amount always with the RTC (special jurisdiction)
Family court is created by law
Examples of incapable of pecuniary estimation:
1. Specific performance
2. Expropriation always with the RTC
3. Declaratory relief
o Can be filed in the SC if involves a constitutional issue
4. Support before the Family Court
Rescission
Foreclosure always with the RTC
o Extrajudicial foreclosure is not judicial. It is initiated by filing a complaint
before the Clerk of Court. After payment of appropriate fees, the action
is set for public sale.
Jurisdiction over the person

1. Proper service of summons (Rule 14)
2. Voluntary appearance ex. File an answer
o Special appearance qualify appearance
o Voluntary appearance file pleading or personal appearance
GRACE XAVIERE E. ESCOSIA
| ATENEO LAW 4A 2011

o
GR: Lack of jurisdiction can be raised any time (even on appeal)
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EX: Tijam v. Sibonghanoy estoppel by laches
Once court acquires jurisdiction, even if concurrent, excludes other courts.
Filing fees
Payment is jurisdictional.
Jurisdiction is determined by the demand/claim (Rule 141, Sec. 7) vs. Filing fees is
determined by everything alleged in the complaint
Time to file: Within the reglementary period
o Sun Insurance v. Asuncion no need to pay docket fees for a compulsory
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counterclaim
o Korea Technologies (2009) case Rule 141 requires payment of filing fees for
compulsory counterclaim; HOWEVER, in practice, based on an SC Resolution,
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payment of fees in compulsory counterclaims is suspended.
o When you appeal, you still need to pay docket fees
What if the claim ripened at the time of filing but by omission not
alleged/claimed?
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The rules is that jurisdiction over the subject matter is conferred upon the courts exclusively
by law, and as the lack of it affects the very authority of the court to take cognizance of the
case, the objection may be raised at any stage of the proceedings. However, a party may be
barred by laches from invoking this plea for the first time on appeal for the purpose of annulling
everything done in the case with the active participation of said party invoking the plea. A party
can not invoke the courts jurisdiction and then deny it to escape a penalty.
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1. It is not simply the filing of the complaint or appropriate initiatory pleading, but the
payment of the prescribed docket fee, that vests a trial court with jurisdiction over the subjectmatter or nature of the action. Where the filing of the initiatory pleading is not accompanied by
payment of the docket fee, the court may allow payment of the fee within a reasonable time
but in no case beyond the applicable prescriptive or reglementary period;
2. The same rule applies to permissive counterclaims, third-party claims and similar pleadings,
which shall not be considered filed until and unless the filing fee prescribed therefor is paid.
The court may allow payment of said fee within a reasonable time but also in no case beyond
its applicable prescriptive or reglementary period.
3. Where the trial court acquires jurisdiction over a claim by the filing of the appropriate
pleading and payment of the prescribed filing fee but, subsequently, the judgment awards a
claim not specified in the pleading, or if specified the same has been left for determination by
the court, the additional filing fee therefor shall constitute a lien on the judgment. It shall be
the responsibility of the Clerk of Court or his duly authorized deputy to enforce said lien and
assess and collect the additional fee.
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Effective September 21, 2004 under Sec. 7, Rule 141, as amended by A.M. No. 04-2-04-SC,
docket fees are now required to be paid in compulsory counterclaim or cross-claims.
Proton Philippines v. Banque If ripened during the pendency of the action,

subject to lien on the judgment; But if failed to alleged, court cannot render
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an award.
Insufficiency/deficient payment of filing fees
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6
o Rivera v. Del Rosario versus Manchester v. CA
o Clerk of court must make a deficiency assessment
o Deficient payment + Intent to defraud = No jurisdiction
o Assessment + Belief in Good Faith + Deficient payment = Acquired
jurisdiction because of reliance to assessment
Appeals
Decision of the HLURB appealable to the Office of the President
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Decision of the NLRC appealable to the CA via Rule 65 (St. Martin Funeral case)
Decision of the Ombudsman (Nemencio case)
o For admin cases : To the CA via Rule 43
o For GADALEJ: To the SC via Rule 65
Enforcement of action v. Ordinary action
Foreign judgment in rem v. in personam
Procedurally, enforcement has no rehash of facts
The failure to state the rate of interest demanded was not fatal not only because it is the
Courts which ultimately fix the same, but also because Rule 141, Section 5(a) speaks of the
sum claimed, exclusive of interest. This clearly implies that the specification of the interest
rate is not that indispensable.
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If the amount of docket fees paid is insufficient considering the amount of the claim, the clerk
of court of the lower court involved or his duly authorized deputy has the responsibility of
making a deficiency assessment. The party filing the case will be required to pay the deficiency,
but jurisdiction is not automatically lost.
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All complaints, petitions, answers and other similar pleadings should specify the amount of
damages being prayed for not only in the body of the pleading but also in the prayer, and said
damages shall be considered in the assessment of the filing fees in any case. Any pleading that
fails to comply with this requirement shall not be accepted nor admitted, or shall otherwise be
expunged from the record. The Court acquires jurisdiction over any case only upon the
payment of the prescribed docket fee. An amendment of the complaint or similar pleading will
not thereby vest jurisdiction in the Court, much less the payment of the docket fee based on
the amounts sought in the amended pleading.
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All references in the amended Section 9 of BP 129 to supposed appeals from the NLRC to the
Supreme Court are interpreted and declared to mean and refer to petitions for certiorari under
Rule 65. Consequently, all such petitions should henceforth be initially filed in the CA.
In enforcement, you file an original complaint but no need to relitigate (UNLESS

impugn judgment on the ground of mistake of law/fact, lack of notice, fraud,
collusion, or lack of jurisdiction)
In ordinary action, there must be a cause of action or breach/violation; there is a
need to litigate.
Arbitral award v. Foreign judgment

If expressly stated, its an arbitral award, not a final judgment.
Rule 65 is not an appeal, but a special civil action
Concurrent jurisdiction between RTC, CA, SC
Always respect the hierarchy of courts
Rules 1 & 2 (Actions)
Effectivity of Rules of Civil Procedure: 1 July 1997

o Passed by the SC in the exercise of its constitutional powers
Kinds of actions: (MEMORIZE)

1. Civil
o Ordinary (OCA)
There is a cause of action (Rule 2, Sec 1)
Covered by ordinary rules (Rules 1-39)
o Special (SCA)
No need for a cause of action
2. Criminal
o Once filed in court by the prosecutor
o You file before the prosecutor for the purpose of preliminary
investigation.
3. Special proceedings
Requisites of a cause of action (COA).

1. Legal right of plaintiff
2. Correlative obligation of the defendant to respect plaintiffs right
3. Act or omission of the defendant in violation of the plaintiffs legal right
o Breach is the most important.
You can join as many cause of action in one complaint.
o 1 COA = 1 breach/violation
o As many breaches as COA
1 COA even if there are incidents (Ex. Attorneys fees, exemplary damages,
etc.)
o How many COA? Breach of contract and moral damages, exemplary
damages, attorneys fees, costs of suit. Only 1 COA.
o How many COA? Promissory note (PN) 1, for 25K, MTC Jurisdiction. PN2, for
500K, RTC jurisdiction. PN3, for 350K, MTC jurisdiction. There are 3 COAs.
o Joinder of action in the alternative you dont know who is the proximate
cause. (Ex. Transport of goods and contract/quasi-delict)
o Is it possible to have alternative cause of action with only one defendant?
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Yes. (international express travel v. CA)
o Example: Sir sued Ventura (owes 1K to Sir), Gregorio (borrowed car), Ortiz
(arrangement of 1M), Lantion (contractor). All breached the contract. Cannot
be sued in one action.
o There is no requirement that COA arise from the same transaction and series
of transaction.
How do you initiate a civil action:
1. File complaint
2. Pay docket fees
Joinder of parties
Requisites:
1. Same action/series of transaction
2. Multiple parties
3. Same facts
Joinder may vary on single/multiple parties
o Single : Rule 3, Sec. 6 does not apply
o Multiple : Rule 3, Sec. 6 applies
Joinder of actions
Cannot join SCA with OCA
Requisites:
1. Single/multiple
2. SCA
3. Venue/jurisdiction
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Any person acting or purporting to act on behalf of a corporation which has no valid existence
assumes such privileges and obligations and becomes personally liable for contracts entered
into or for other acts performed as such agent. As President of the corporation, he is presumed
to have known about the corporate existence or non-existence of the corporation. He should
be held liable for the unpaid obligations of the unincorporated corporation.

4.
Totality rule total of all the sums can be joined

o Even if the amounts vary, as long as one of the action fall within the
jurisdiction of the RTC
Example: Sir sued Baldemor for breach of contract and failure to finish painting
his house. Since both claims involved sum of money, what is determined is the
grand total (Totality Rule). You cannot do this if NOT a sum of money case.
Example: recover 800K, sue in RTC, but also recover land (40K). Can they be
joined? Theoretically, yes. But can file MTD for improper venue. Remember that
sum of money case is dictated by venue for personal action while recovery of
possession case is dictated by venue for real action.
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Bernardo v. CA
Counterclaims
RTC skys the limit
MTC must be within the jurisdiction of the court; otherwise, waive the balance
Misjoinder
Not a ground for dismissal
Proceed with separately court not bound to proceed with it
Rule 3 (Parties)
Parties:
1. Natural person
o Married sued jointly. (Remember EXCEPTIONS)
o Minor or incapacitated must be assisted (Sec. 5)
Guardian ad litem appointed by the court for the purpose of
receiving summons
o Every person who has the capacity can be a party. Capacity means of age
of majority.
o Supervening incapacity (Sec. 18) case should not be dismissed; proceed
against him but assisted by a legal guardian
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There is a unity in the problem presented and a common question of law and fact involved
between the prayer of annulment of the judgment reconstituting TCT and that questioning the
denial of the motion to dismiss the complaint for the annulment of titles. The joinder of the two
causes of action is mandated by the need to avoid multiplicity of suits and to promote an
efficient administration of justice. There should nevertheless be some unity in the problem
presented and a common question of law and fact involved, subject always to the restriction
thereon regarding jurisdiction, venue and joinder of parties. Unlimited joinder is not
authorized.
2.
Juridical person
o Capacity given by law duly incorporated in the SEC
Summons:
1. Natural person
o Served in person, wherever found
o (1) Personal service; (2) Substituted service
o Manotoc v. CA
o Can be imprisoned if ignore summons
2. Juridical person
o Corporation registered with the SEC (for domestic)
o Domestic Rule 14, Sec. 11 (REMEMBER)
o Foreign Rule 14 (Authorized agent or officer in the Phils.)
3. Unincorporated association (non-juridical entity) (Rule 3, Sec. 15)
o No matter how famous the name, cannot institute action using common
name; must sue individually
o But can be a defendant (if they misled the public)
o Serve on one or person-in-charge (Rule 14, Sec. 8)
4. Entities authorized by law
o Summons depend on type of entity
o Ex. Estate of deceased, political parties, archdiocese, registered labor
union
Real party in interest v. Locus Standi
Real party in interest for private suits; applies to both plaintiff and defendant
Locus Standi (Legal standing) directed to an act of the government where
person suffered an injury; not used in private suits, only in public suits
Indispensable party v. Necessary party
Indispensable for final determination of the case
Necessary (1) not an indispensable party; (2) ought to be joined for complete
determination of the case
In contracts, the real parties in interest are the parties to the agreement.
Although not signatory to the agreement, but has an interest on the subject
matter of the contract, can still be an indispensable party.
GR: Plaintiff/defendant should be an indispensable party. EX: assignee, or if
theres a stipulation pour autrui
Ex. In action to recovery of title, owner (necessary) and possessor (indispensable)
Ex. In action for recovery of title, owner (indispensable) and possessor
(necessary)
Co-owners are all indispensable parties.
Joint Obligation v. Solidary Obligation

Joint can proceed against one only; can proceed against other one not
impleaded (if necessary)
Solidary can be sued at the same time or sued separately (if indispensable)
Failure to implead party
Not mandated to implead
Indispensable null and void judgment; dismiss case if fail to implead
Necessary waiver (after failure to comply with order to implead)
Domingo v. Scheer court order to implead the indispensable party; if not
comply, court can dismiss the case
No order to implead necessary party and theres already judgment = can still
pursue case against the necessary party in a separate action
Class suit
Ex. M/V Princess of the Seas sunk. Can they file a class suit? NO. There is no
joinder of action (as to common fact). No general interest; every passenger has a
different interest. There can be a class suit if all the heirs of the passengers agree
for a fixed amount of damages.
Can there be a defendant class suit? YES.
Substitution of the parties
1. Death most common
o Action not extinguished by reason of death
o Duty of counsel : Inform the court within 30 days counted from fact of
death
o Duty of court : Order to appear and substitution
o Legal representative : (1) heirs, (2) administrator/executor
o Executor named in the will; Administrator appointed by the court
o If heir already named, no need for executor/administrator
o Heir refers to a compulsory heir.
o If there is proper substitution, heir or administrator/executor cannot be
held personally liable.
o Choice of opposing party for legal representative is limited to executor
and administrator only.
o Ex. A-B filed against C, D, E. E dies. No need to name substitute; Counsel
of E can act as substitute. If C & D are also heirs of E, substitution is
necessary.
2.
3.
There is no successful substitution if no unity between duty of cunsel

and duty of court.
o Order of substitution is needed to confer jurisdiction.
o If no proper substitution, void as to party not impleaded.
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o Brioso v. Mariano
o If client dies while the counsel is abroad = period counted from the day
client dies, not from knowledge of counsel
Public officer dies, resigns, or cease to hold office
o Successor not necessarily continue the case; Only if he
continues/threatens to continue acts of the predecessor
o (1) Notice to successor; (2) Opportunity to be heard
Transfer of interest
o Death is not required
o Court must order substitution
o With or without substitution, there must be a valid judgment.
Death in a contractual sum of money case (Sec. 20)

Action must survive death
If defendant dies : Continue against the estate until theres judgment; law does
not mandate substitution
If plaintiff dies : Sec. 16 will apply
Indigent
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Algura v. LGC of Naga
Rule 141, Sec. 7 v. Rule 3, Sec. 21
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The complaint for recovery of possession of real property is an action which survives the
death of a party. Such being the case, the rule on substitution of a deceased party is clearly
applicable. Non-compliance with the rule on substitution of a deceased party renders the
proceedings and judgment of the trial court infirm because the court acquired no jurisdiction
over the persons of the legal representatives or of the heirs on whom the trial and the
judgment would be binding. The proceedings and judgment of the trial court are void only as to
the heirs who did not participate in the trial. Formal substitution of heirs is not necessary when
the heirs themselves voluntarily appeared, shared in the case and presented evidence in
defense of deceased defendant.
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Recapitulating the rules on indigent litigants, therefore, if the applicant for exemption meets
the salary and property requirements under Section 19 of 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 Section 21 of Rule 3 and use its sound discretion in
determining the merits of the prayer for exemption.

o
If you fall within the definition of Rule 141 : Indigent (no need to convince
court except through a document)
Wage does not exceed double the monthly minimum wage
Real property with fair market value does not exceed 300K
o If in excess of Rule 141 : Rule 3 applies (indigency test); Court will ascertain if
income is enough after notice and hearing (judicial discretion)
No need to pay filing fees lien on a judgment
Free from payment of docket fees and transfer of stenographic notes
If discover not an indigent:
1. Require party to pay
2. If refuse, order execution (Rule 39)
3. If failed to pay and ignore execution, dismiss the case (Rule 17, Sec. 3)
Pauper economically deficient (no income/way below decent living)
You can be an employed indigent with property.
Notice of lis pendens lie only to right/interest over a real property
Ex. Development agreement into a memorial park. F resides in QC. Memorial park
(juridical entity) resides in Pasig. Contract was completed in Rizal. The complaint
is to rescind contract. Since its a personal action, venue is either QC or Pasig.
Court is the RTC (incapable of pecuniary estimation)
Where do you file for extrajudicial foreclosure? Not a real action; not a judicial
action; you file with the clerk of court; falls under Act 3135
Where do you file for judicial foreclosure? Action in rem; Rule 68; venue where
property is located
Ex. Nullity of marriage. Where? (1) Residence, (2) Conjugal home
Venue is waiveable.
Remember Rule 9, Sec. 1 (Waiver & Objections). Improper venue can only be
invoked by the defendant.
Ex. If defendant failed to file a motion to dismiss or answer for improper venue,
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the court cannot motu proprio dismiss the case. (Dacoycoy v. IAC)
Rule 5 (Preliminary Conference & Summary Procedure)
Rule 4 (Venue)
Kind of action:
1. Personal
o Involves obligations (privity of contract)
o Residence at the option of the principal plaintiff
o Ileen Marcos Araneta case (2009) if there a number of
plaintiffs/defendants, look at the principal residence at the option of the
plaintiff
2. Real
o Involves real property
o Affects title or possession of property
GR: Apply Rule 4
EX:
1. Agreement words of exclusivity; otherwise, considered only in addition to
prescribed venue under the law
o Can stipulation apply to a real action? YES.
2. Specific rule/law
o Examples: Quo warranto, perpetuation of testimony (Rule 24), specpro,
writ of habeas corpus for custody of minor, ejectment
The fact that you can institute an action does not necessarily confer jurisdiction
to court.
Can MTC handle cases falling under the ordinary procedure? YES.
Summary Procedure
Default is not an option
If no answer, render judgment.
Memorize prohibited pleadings.
Small claims
Who can assist? Generally, BAR flunkers
Pinga v. Heirs of German
Can they present evidence during the hearing? No, court only reviews the
affidavits.
There must be a dispute resolution.
Prohibited pleadings different from summary procedure. In motion to dismiss,
the exception is only lack of jurisdiction.
Decisions are final and unappealable. Remedy is Rule 65.
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Unless and until the defendant objects to the venue in a motion to dismiss, the venue cannot
be truly said to have been improperly laid, as for all practical intents and purposes, the venue,
though technically wrong, may be acceptable to the parties for whose convenience the rules on
venue had been devised. The trial court cannot pre-empt the defendant's prerogative to object
to the improper laying of the venue by motu proprio dismissing the case.

Forum non conveniens (International) v. Forum shopping (local)
Rules 6-8 (Pleadings)

Kinds of pleadings:
1. Complaint
o There must be a claim or cause of action.
o How to make allegations? It must be brief, concise statement of ultimate
facts.
o Particularity v. Generally give the antecedent facts
o Claim based on actionable document, can be alleged in 2 ways
o Effect of failure to specifically deny allegations
Specifically deny under oath
Otherwise, deemed admit the due execution and genuineness
Exceptions: (1) not a party, (2) compliance with order was refused
2. Answer
o Mandatory pleading
o File within 15 days, 30 days (if foreign corp.)
o Defenses:
Negative
Affirmative MEMORIZE; include in motion to dismiss
o Kinds of specific denial of material allegations:
General
Partial
Lack of knowledge/information to form a belief
o Counterclaim
Found in the answer; no need for leave of court
Kinds: (1) Compulsory, (2) Permissive
Answered in 10 days (no distinction between permissive or
compulsory). In practice, no need to answer compulsory
counterclaim.
Ex. Sir sued Gregorio.
Can MTC award 600K in counterclaim? Only to the extent of its
jurisdiction. RTC? Regardless of amount.
Cannot raise counterclaim in ejectment case which is outside the
issue of possession.
If monetary counterclaim, award counterclaim within the
jurisdiction of the court. If counterclaims can be segretated, you
cannot award counterclaim.
o Crossclaim
3.
4.
Answer in 10 days
Found in the answer; no need for leave of court
If theres more than one party in one side and theres already
jurisdiction over the person.
Ex. Sir sued Gregorio. Gregorio sued Ele.
Third-party complaint
o Need leave of court
o Purpose: For contribution, indemnity, subrogation (MEMORIZE)
o Answer in 15 days
o Ex. Sir sued Gregorio. Gregorio impleaded Ele who is not a party to the
case.
Reply
o Not mandatory; optional
o By original complainant/plaintiff
o File within 10 days
o Dispute or controvert new matters
o Effect of failure to file : issues are deemed controverted (issues are
joined)
Controverted not judicially admitted; deemed disputed
o New matter something complainant was not aware at the time of
filing; must arise from the complaint (Ex. Prescription, statute of frauds)
Bringing new parties

Summons; through amendment of pleading
Parts of a pleading:
1. Signature
o Contents: (1) true, (2) read, (3) pleading is supported, (4) not for the
purpose of delay
o Unsigned pleading produces no legal effect.
o Duty of every lawyer to sign the pleading.
o If counsel changes address, inform the court.
2. Verification
o Contents: (1) under oath, (2) based on personal knowledge/records
o Who signs? Applicant (not the lawyer unless for compelling reasons)
o Example of compelling reasons: distance, accident
o Not mandatory unless required by law
o Absence of verification is not jurisdictional; can be cured
o If not verified, dismissed by CA & SC because petitions under it are
required to be verified.

o
3.
After 1997 Rules, SC more on dismissing cases that dont comply with
the Rules.
o Minor legal guardian sign for him
o Husband and wife both sign unless common interest
o Co-owner not all, one person may sign
o Multiple parties all must sign except common interest
Certification Against Non-Forum Shopping (CNFS)
o Signed by (1) party, (2) lawyer, (3) representative, (4) authorized officer
by the corporation through a board resolution, or (5) in-house counsel
In-house counsel duly authorized in a board resolution + personal
knowledge; employed by the company and is included in the payroll
Retained counsel not employed but contract of service for a
month-to-month or project basis
o Memorize Rule 7, Sec. 5
o Allegations: (1) issue, (2) status of the case, (3) inform court of pending
action within 5 days
o If non-juridical entity, all must sign.
o In practice, judges believe that all initiatory pleadings should be verified
o Effect of absence of CNFS: (1) dismissed without prejudice, (2) cannot
cure by amendment but can be refilled
o Effect of noncompliance/false: (1) indirect contempt, (2)
administrative/criminal case against you
o Effect of willful/deliberate: (1) direct contempt, (2) administrative
sanctions, (3) summary dismissal
REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 87, BATANGAS
Natassia Fortea
v.
Meinhart Dina
x-------------------------x
PRAYER
WHEREFORE, premises considered, it is respectfully prayed (summarize
what you want)
Date of pleading, Place.
Signature of Counsel
PTR
IBP
Roll of Attorneys Number
MCLE
Docket No.
15
I, John Gregorio, of legal age, residing

16
I, Michael Canilao, . where served summons
FIRST CAUSE OF ACTION

State the facts (antecedent facts)
SECOND CAUSE OF ACTION
How it looks like:
Complaint : Plaintiff v. Defendant

Petition : Petitioner v. Respondent
Appeal : Appellant v. Appellee
In the body, paragraphs must be numbered. REMEMBER: Each paragraph must
contain a single set of circumstance. (Ex. That he issued a promissory note
amounting to 100K)
Each cause of action must have a heading. (Ex. Breach of contract, exemplary
damages, attorneys fees)
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Manchester v. CA damages, interest must be alleged in the body and prayer
General prayer Other relief, just and equitable.
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15
If plaintiff.
If defendant. Only defendant is served with summons.
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All complaints, petitions, answers and other similar pleadings should specify the amount of
damages being prayed for not only in the body of the pleading but also in the prayer, and said
damages shall be considered in the assessment of the filing fees in any case. Any pleading that
fails to comply with this requirement shall not bib accepted nor admitted, or shall otherwise be
expunged from the record. The Court acquires jurisdiction over any case only upon the
payment of the prescribed docket fee. An amendment of the complaint or similar pleading will
not thereby vest jurisdiction in the Court, much less the payment of the docket fee based on
the amounts sought in the amended pleading.
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COMPLAINT
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1.
14
Number depends on the date of filing and payment of docket fees; it does not indicate the
nature of the action.
14
Title of the pleading.
If theres no date, it does not affect the validity of the pleading since it is
corrected by the stamp.
o
o
o
Rule 8
Sec. 1 : Brief, concise, ultimate facts, devoid of evidentiary matter
Under Rule 128, Fact + Evidence = Truth
If the basis of the complaint is an actionable document, must attach the
document. How?
1. Annex
2. Reproduce text in the pleading
Condition precedent must be generally averred. (Ex. Conciliation process, pursuits
among members of the family, exhaustion of administrative remedies)
Capacity:
1. Natural legal age
2. Juridical license to do business
Mistake/Fraud allege with particularity (time, place, specific acts)
Malice allege generally (you cannot state particulars)
All issues passed upon by the court are disputable; no need to allege jurisdiction
of court if theres already judgment
Effect of failure to deny under oath : Deemed admitted
EXCEPT: (1) not a party to the instrument, (2) compliance with order is refused
Usury must be specifically denied under oath.
Strike out a pleading:
1. Redundant
2. Scandalous not a fact in issue
3. Immaterial
Example of strike out: the court ordered to file a deposition versus the court
wanted counsel to remind
Rule 9 (Default)
1.
2.
3.
GR: Objections/grounds not raised are deemed waived.

EX: (1) lack of jurisdiction, (2) litis pendentia, (3) res judicata, (4) prescription, (5)
lack of cause of action
Fail to allege compulsory counterclaim, crossclaim = barred
o You can amend. Rule 11, Sec. 10
o Claim against the estate is made within the time specified in the notice
o Suit brought by the estate can raise a compulsory counterclaim
Kinds of default
(1) General order of default in rem like land registration cases; forever
barred; cannot oppose
(2) Failure to attend pre-trial (as in default) absence of defendant
Proof of failure to answer show return
Order of default v. Judgment of default
Order no answer within the reglementary period
Judgment order declaring default and later judgment by the court
Remedies:
For Order of Default
(1) Motion to set aside an order of default
Under oath
Ground is FAME (must be extrinsic fraud)
Extrinsic fraud outside of the pleadings which prevented party
from participating in the proceedings
Intrinsic fraud cited in the pleadings
Meritorious defense (not necessarily answer)
Saguid v. CA failure to appear in pre-trial, remedy is to file
18
MR/set aside on the ground of FAME
Example of mistake : wrong date, cut and paste, secretary
placed pleading in another envelope
GR: Negligence of counsel is negligence of client. EX: If gross.
For Judgment of Default
(1) Appeal or MNT
Not MR because it presupposes presentation of evidence; MNT
presupposes no opportunity to present evidence
File within the reglementary period (15 days)
(2) Petition for relief
Theres already entry of judgment.
File within 6 months from entry and 60 days from knowledge of
judgment
(3) Petition for certiorari for GADLAEJ
(4) Annulment
All other remedies cannot be availed of
Judgment is final and executory
18
Even before the 1997 Rules of Civil Procedure took effect on July 1, 1997, the filing of a pretrial brief was required under Circular No. 1-89 which became effective on February 1, 1989.
Pursuant to the said circular, "[f]ailure to file pre-trial briefs may be given the same effect as the
failure to appear at the pre-trial," that is, the party may be declared non-suited or considered
as in default.
10
Partial default there is no judgment yet

Can file an order of default then judgment without presentation of evidence? YES
Can court in its discretion require presentation of evidence ex parte? YES
File an extension of time:
1. Do not assume that extension will be granted
2. Filed before expiration of the period
Not declared in default for failure to file answer:
1. Legal separation, annulment and nullity of marriage
o Prosecutor to determine if theres collusion
2. Summary procedure No default in summary procedure. If there is no
answer, render judgment.
3. SCA You file a comment, not an answer. EXCEPT in interpleader,
declaratory relief (ordinary rules apply)
Rule 10 (Amendments and Supplements)
Kinds of amendment:
1. Parties agree and there is no objection even after judgment
2. If there is an objection, its left to the sound discretion of the court.
Can you amend even if theres no application? Yes. (1) Formal amendment, (2)
Rule 12, Bill of particulars, (3) Motion to dismiss
Court cannot amend to conform evidence without an application
If jurisdiction is already acquired over the defendant, amend with new cause of
action, no need to issue new summons.
Supplement
Not a responsive pleading
Supplemental memo or comment? NO
It involves transactions, occurrences, events occurring after the filing of the
pleading.
GR: All pleadings, EX: SC (interim rules)
Civil
1.
2.
3.
4.
Reference: When answer is filed

Amendment as a matter of right
o Before answer
o File notice to amend (not motion)
o Amend form and substance
Amendment as a matter of relief
o Leave of court is necessary after an answer is filed
Amendment to conform with evidence
o Valid judgment even if not alleged in the pleading
o Why need to amend? Rule 128, Sec. 1. Factual propositions should be
supported by evidence. What is alleged must be proven and serve as a
basis of a judgment.
o If party does not object, amend even after judgment.
o If party objects, allow amendment but subject to court discretion
Criminal
1. Reference: Plea (Rule 110, Sec 14)
2. Before plea only as to form/substance
3. After plea with leave of court, any form as long as not prejudicial to the
rights of the accused
o TEST: original defense of accused will not change and is not prejudicial
(ex. Relationship, penalty)
Supplement v. Amendment
Supplement facts not yet in existence at the time of filing
Amendment there was only an omission; facts sought to be introduced already
in existence
Rule 12 (Bill of Particulars)
To remember: Example is panlalait. maganda siya kaya lang pangit damit

Counterpart: Rule 116, Sec. 9 of Criminal Procedure
What : Not aver sufficient definiteness
1. Identify defects of the pleading
2. Paragraphs
3. Details denied
Period : 15 days (if pleading is an answer), 10 days (if pleading is a reply)
o Cannot file after an answer has already been filed
o After answer, BOP of answer through a reply
o BOP stays period to file answer
Actions taken : Grant or deny outright, Set for hearing
If granted:
1. File bill of particulars
2. Amend pleading even without motion
If denied, file responsive pleading.
11
Denial of motion for bill of particulars is interlocutory.

If not satisfied with the bill of particulars filed:
1. File a motion to strike out pleading
2. Move for dismissal (Rule 17, Sec. 3)
Consequence : Rule 12, Sec. 4; Rule 17, Sec. 3
19
o Virata v. Sandiganbayan
Example: File complaint on Dec. 1 and has until Dec. 16 to file an answer. If you
file BOP on Dec. 5, theres 12 days to file an answer. If you file BOP on Dec. 14, he
has 5 days to file an answer.
Rule 22, Sec. 2 Act that caused the interruption is not included in the
computation.
No ordinary mail because there is no

way to know when you filed it. No
proof of filing.
Sec. 9 court can order service

Registry return card is required by law to be filed. In practice, no.
Priority of service is personal service.
If a person is represented by counsel, service must be made to him unless the
court orders service to the party.
If document and return card are returned to sender, file it in court and get a
certification from the postmaster.
Lis pendens only pending litigation in courts; not apply to quasi-judicial actions
20
o Atlantic Erectors v. Herbal Cove
o No need for order of the court. Only need to send memo. HOWEVER, you
need an order to cancel the notice of lis pendens.
o Only refer to real property.
o Can you transfer? YES, notice serves to notify the world.
Rule 13 (Service)
Applies to all EXCEPT summons (rule 14)
MODES OF SERVICE
Personal service
Service to suitable person
residence/office
Completeness and actual
Registered mail
Actual or first notice after 5 days
Ordinary mail
Expiration of 10 days
MODES OF FILING
Personal service
Registered mail
Registry receipt and return card
in
PROOF OF SERVICE
Written admission
Official return of service refers to
service of the court
Affidavit
Affidavit and registry receipt

Return card and unclaimed letter
with copy of notice certified by the
postmaster
Affidavit
PROOF OF FILING
Record
Received copy
Registry receipt
Affidavit
19
In view of the Republic's failure to obey this Court's directive and the Sandiganbayan's order
to file the proper bill of particulars which would completely amplify the charges against Virata,
this Court deems it just and proper to order the dismissal of the expanded Second Amended
Complaint, in so far as the charges against Virata are concerned. This action is justified by
Section 3, Rule 17 of the Rules of Court.
Return card
Rule 14 (Summons)
Remember Pascual v. Pascual citing Manotoc v. CA. Requirements to effect a

valid substituted service:
1. Impossibility of Prompt Personal Service
The party relying on substituted service or the sheriff must show
that defendant cannot be served promptly or there is impossibility of prompt
service. "Reasonable time" is defined as "so much time as is necessary under
the circumstances for a reasonably prudent and diligent man to do,
conveniently, what the contract or duty requires that should be done, having
a regard for the rights and possibility of loss, if any, to the other party." To
the plaintiff, "reasonable time" means no more than 7 days since an
expeditious processing of a complaint is what a plaintiff wants. To the sheriff,
"reasonable time" means 15 to 30 days because at the end of the month, it is
a practice for the branch clerk of court to require the sheriff to submit a
return of the summons assigned to the sheriff for service.
For substituted service of summons to be available, there must be
several attempts by the sheriff to personally serve the summons within a
20
The pendency of a simple collection suit arising from the alleged nonpayment of construction
services, materials, unrealized income and damages does not justify the annotation of a notice
of lis pendens on the title to a property where construction has been done.
12
reasonable period [of one month] which eventually resulted in failure to

prove impossibility of prompt service. "Several attempts" means at least 3
tries, preferably on at least two different dates. In addition, the sheriff must
cite why such efforts were unsuccessful. It is only then that impossibility of
service can be confirmed or accepted.
2. Specific Details in the Return
The sheriff must describe in the Return of Summons the facts and
circumstances surrounding the attempted personal service. The date and
time of the attempts on personal service, the inquiries made to locate the
defendant, the name/s of the occupants of the alleged residence or house of
defendant and all other acts done, though futile, to serve the summons on
defendant must be specified in the Return to justify substituted service.
3. A Person of Suitable Age and Discretion
A person of suitable age and discretion is one who has attained the
age of full legal capacity (18 years old) and is considered to have enough
discernment to understand the importance of a summons. To be of sufficient
discretion, such person must know how to read and understand English to
comprehend the import of the summons, and fully realize the need to deliver
the summons and complaint to the defendant at the earliest possible time
for the person to take appropriate action. Thus, the person must have the
"relation of confidence" to the defendant, ensuring that the latter would
receive or at least be notified of the receipt of the summons. These matters
must be clearly and specifically described in the Return of Summons.
4. A Competent Person in Charge
The person on whom the substituted service will be made must be
the one managing the office or business of defendant, such as the president
or manager; and such individual must have sufficient knowledge to
understand the obligation of the defendant in the summons, its importance,
and the prejudicial effects arising from inaction on the summons. Again,
these details must be contained in the Return.
Can personal service and substituted service work simultaneously? NO.
o Preference is personal.
o Service to person is wherever he may be found.
o Substituted service is made in the residence/office.
o Substituted service justifiable circumstance; repeated efforts found in the
return; impossibility of personal service
Under what circumstances can substituted service take place?
o Explanation must appear in the sheriffs return
o Sheriffs return narrative of how the sheriff proceeded in serving the
summons
How many times served? At least 3 times on 2 different occasions (Manotoc

v. CA)
o There must be impossibility of service.
o Fail to serve within reasonable time = dismissed for failure to prosecute
Alias summons made when summons is lost or returned unserved
Tender as long as there is effort to tender; based on the narrative of return
Suitable age and discretion age of majority and discernment
Residing therein transient/visitor cannot be served by summons
Competent person must be managing the office/business; appears to be in
charge like the president or manager
Who can receive for corp? GCM PIT closed list, cannot be expanded
No substituted summons to a corp, only personal service to its officers
Can a janitor who is a law student receive summons? NO
Can a lawyer-programmer, but employed only as a programmer and consulted at
times for legal concerns, receive summons? NO.
Can substituted service affected if defendant if not a resident of the Philippines?
GR: NO. Sec. 15 not reside and not found in the Philippines, no substituted
service; condition must be present before you apply
21
EX: Gemperle v. Sheckner (attorney-in-fact who is a resident spouse)
There is no substituted summons. You issue either a summons or alias summons.
22
Agilent Technologies v. Integrated Silicon
o RIGHT OF A FOREIGN CORPORATION TO BRING SUIT IN PHILIPPINE COURTS
1. If a foreign corporation does business in the Philippines without a
license, it cannot sue before the Philippine courts.
2. If a foreign corporation is not doing business in the Philippines, it needs
no license to sue before Philippine courts on an isolated transaction or
on a cause of action entirely independent of any business transaction.
3. If a foreign corporation does business in the Philippines without a
license, a Philippine citizen or entity which has contracted with said
corporation may be estopped from challenging the foreign corporations
corporate personality in a suit brought before Philippine courts.
21
The lower court acquired jurisdiction over the nonresident husband by means of the said
service of summons. As the wife had authority to sue, and had actually sued in behalf of her
nonresident husband, so she was also empowered to represent him in suits filed against him,
particularly in a case which is a consequence of the action brought by her in his behalf.
22
A foreign corporation without a license is not ipso facto incapacitated from bringing an action
in Philippine courts. A license is necessary only if a foreign corporation is transacting or
doing business in the country. To constitute doing business, the activity to be undertaken in
the Philippines is one that is for profit-making.
13

4.
If a foreign corporation does business in the Philippines with the

required license, it can sue before Philippine courts on any transaction.
Rule 14 is waiveable but if not serve, court has no jurisdiction. Case must be
23
remanded for issuance of summons. (Mason v. Columbus)
Summons through publication
Sec. 14 unknown defendant, whereabouts unknown
o Cannot do personal service
o Applies to any action
o Publication is different from secs. 15-16 only publication and does not
require service by registered mail
Sec. 15
o Application : Nonresident and not found in the Philippines
o Subject Matter : (4)
o Modes:
Personal service outside the Philippines
Publication + Registered mail (last known address)
Other manner left to the discretion of the court
24
Romualdez-Licaros v. Licaros - Publication + summons to DFA
o Service can never be through ordinary mail
Sec. 16 temporarily absent but there is an intention to return
o Modes:
25
Substituted service (Montalban v. Maximo)
Voluntary appearance
For Secs. 14-16, you can do personal service as long as you can serve it to the
defendant; this applies to any action even if in personam
In personam affects only parties within
23
Notice to enable the other party to be heard and to present evidence is not a mere
technicality or a trivial matter in any administrative or judicial proceedings. The service of
summons is a vital and indispensable ingredient of due process.
24
Delivery to the Department of Foreign Affairs was sufficient compliance with the rule. After
all, this is exactly what the trial court required and considered as sufficient to effect service of
summons under the third mode of extraterritorial service pursuant to Section 15 of Rule 14.
25
In practical terms, we perceive that in suits in personam the more circuitous procedure
delineated in Sections 17 and 18 is resorted to by a plaintiff if defendant's dwelling house or
residence or place of business in this country is not known; or, if known, service upon him
cannot be had thereat upon the terms of Section 8. Here, since personal service is impossible,
resort to substituted service becomes a necessity. A comparison between the service in Section
8 and that in Sections 17 and 18 is beside the point. They both provide for substituted service.
Anyway, as Goodrich observed: "[I]f a substitute is to be made where an actual personal service
is impossible, 'the best is none too good'.
See Alaban v. CA (footnote 43) publication is sufficient notice

Rule 15 (Motions)
1.
2.
3.
4.
5.
6.
Definition
o Not a pleading but seeks relief
o Ex. Motion for early resolution, motion for extension
o All motions abide by Rule 15
o Motion to dismiss does not partake the nature of an answer.
Every motion should have a notice of hearing.
o Directed to all parties concerned
o In practice, include the clerk of court because its the clerk of court who
schedules the hearing (in custody of the calendar)
o Absence : Treated as a mere scrap of paper
3-day notice rule
o Filed and served to other part at least 3 days before the hearing
10-day rule
o Hearing must be scheduled not later than 10 days after filing of the motion
o Must still observe the 3-day rule
Omnibus motion rule
o Include all grounds available EXCEPT Rule 9, Sec. 1
Motion day
o Always on a Friday (mandatory!)
o Only the judge can apply it liberally
Rule 16 (Motion to Dismiss)
Filed by the defendant
1.
Grounds (REMEMBER)
o No jurisdiction over the subject matter conferred by law (RA 7691)
o No jurisdiction over the defendant proper service of summons or voluntary
appearance
o Improper venue Rule 4 or special rule/stipulation
o No legal capacity
Corp : registered with the SEC
Indiv : age of majority
Attorney : authority specified in the SPA
o Failure to state a cause of action specific allegations of breach; doesnt go
to the truthfulness or falsity of allegation
14

o
o
o
o
2.
3.
4.
Litis pendentia 2 cases both pending involving the same facts, issue, relief
Res judicata and prescription statute sets a limit to institute an action
Paid, waived, abandoned or extinguished
Condition precedent waiveable; ex. Barangay conciliation, earnest efforts,
26
exhaustion of local remedies (Banares v. Balising)
o Statute of frauds
Dismissal but cant refile
o Prescription
o Res judicata
o Statute of frauds
o Paid, waived or abandoned
Period to file : before filing an answer
How to count same with BOP, interruption (Rule 22)
Rule 17 (Dismissal of Actions)
Improper service of summons. Lawyer filed an MTD. Instead on granting the

motion, the court issued alias summons. No grave abuse of discretion. If granted,
you can refile. If dismissed, issue alias summons.
Preliminary hearing of affirmative defenses
o Discretion of the court
o Connected with the guidelines of pre-trial (2004)
o Instead of MTD, file answer with affirmative defenses.
o If you have once filed an MTD, there would be no hearing of the affirmative
defense.
Remedy of defendant upon denial of MTD is Petition for certiorari under Rule 65
o Will it suspend the proceeding? NO, Rule 41, 45, 58, 65 were amended,
27
unless TRO/injunction. (Eternal Gardens v. CA no longer holds)
If grant petition for certiorari, can court dismiss the case outright?
28
Dismiss/Remand (Lu Ym v. Nabua)
29
Pinga v. Heirs of German vacated BA Finance case

Sec. 1 notice (dismissal as a matter of right)
o Before answer, no counterclaim yet
o Can it be refilled? YES, EXCEPT if dismissed twice
Sec. 2 Motion
o If theres a counterclaim, dismissal is limited to the complaint regardless if
the counterclaim is permissive/compulsory.
o Party may manifest if prosecute counterclaim in the same action
Sec. 3 failure to prosecute
o Failure to present evidence in chief witness not available for direct
examination
o Unreasonable length of time despite repeated instances
o Not comply with express order from the court in CrimPro, counterpart is
right to speedy trial via a motion to quash
Rule 18 (Pre-Trial)
Assumes that issues have already been joined (since an answer has already been
filed)
Procedure:
1. File Answer
2. Within 5 days, move ex-parte for pre-trial
o If fail to move, Clerk of Court will issue notice of pre-trial
26
The non-referral of a case for barangay conciliation when so required under the law is not
jurisdictional in nature and may therefore be deemed waived if not raised seasonably in a
motion to dismiss.
27
Although this Court did not issue any restraining order against the Intermediate Appellate
Court to prevent it from taking any action with regard to its resolutions respectively granting
respondents' motion to expunge from the records the petitioner's motion to discuss and
denying the latter's motion to reconsider such, order, upon learning of the petition, the
appellate court should have refrained from ruling thereon because its jurisdiction was
necessarily limited upon the filing of a petition for certiorari with this Court questioning the
propriety of the issuance of the above-mentioned resolutions. Due respect for the Supreme
Court and practical and ethical considerations should have prompted the appellate court to
wait for the final determination of the petition before taking cognizance of the case and trying
to render moot exactly what was before this court.
28
While it was error for the appellate court to rule that the trial court did not commit grave
abuse of discretion in denying petitioners motion to dismiss, it does not necessarily follow that
the motion to dismiss should have been granted. The instant petition raises significant factual
questions as regards petitioners claim that the Amended Complaint should have been
dismissed which are properly addressed to the trial court. Moreover, it cannot be gainsaid that
the trial court should be given the opportunity to correct itself by evaluating the evidence,
applying the law and making an appropriate ruling. A remand of the case to the trial court for
further proceedings is, therefore, in order.
29
The dismissal of a complaint due to fault of the plaintiff is without prejudice to the right of
the defendant to prosecute any pending counterclaims of whatever nature in the same or
separate action. We confirm that BA Finance and all previous rulings of the Court that are
inconsistent with this present holding are now abandoned.
15

3.
At least 3 days before pre-trial, file a pre-trial brief

o Once you receive notice: (1) Set pre-trial, (2) Set preliminary conference
4. Preliminary conference
o Before the clerk of court
o Recorded and forms part of records of the pre-trial
5. Pre-trial
st
o 1 day: issue order referring case to a mediator
Suspend proceedings for 30/60 days
Set pre-trial in another particular date
o Inability to compromise, return records to the court
o Pre-trial
Judge talks to the parties again: (1) parties and counsel (together
then one side only), (2) parties only
6. Failure to file pre-trial brief or appear during pre-trial
o Defendant not file pre-trial brief or appear during pre-trial
Plaintiff present evidence ex-parte
o Plaintiff failed to appear during pre-trial
Dismiss case
Process:
1. Judicial admissions Rule 129, Sec. 4
2. Stipulations just proposals; if admitted, tantamount to an admission
3. Issues
4. Testimonial/documentary evidence
o Most Important Witness Rule
o 1-day Examination of Witness Rule
5. Referral to commissioner
6. Compromises
7. Judgment on the pleadings, etc.
8. Discovery
Pre-marking only during pre-trial; it still has to be authenticated during trial
o If not marked, cannot present as evidence UNLESS court allows you in the
interest of justice.
o Same rule applies to witnesses
Can there be cancellation of pre-trial? YES, if theres a valid/good excuse or
authorized representative to appear in your behalf
In CrimPro, if the prosecution/accused is absent during pre-trial, the case is
rescheduled and lawyers are sanctioned. You do not allow the prosecution to
present evidence ex-parte.
o Admission in writing + assistance of counsel + signed by counsel and
accused
JDR before a JDR judge who acts as mediator, conciliator and independent
evaluator; there must be a new raffle UNLESS parties consent in writing to
continue with the JDR judge
After issuance of summons, it is the duty of a judge to issue Order requiring
parties to avail of discovery.
Rule 19 (Intervention)
1.
2.
Concept
o Not delay proceedings of original parties
o Prosecuted on the same/separate action
When you can intervene (Sec. 2)
o Republic v. Gingoyon when can you intervene? Before rendition of
30
judgment in the trial court
o After judgment? GR: No. EX: If indispensable party.
31
Nordic Asia v. CA
There is no intervention in the appellate court. But subject to the sound
discretion of the court.
Rule 21 (Subpoena)
Kinds:
1.
Ad testificandum appear and testify
30
We now turn to the three (3) motions for intervention all of which were filed after the
promulgation of the Courts Decision. All three (3) motions must be denied. Under Section 2,
Rule 19 of the 1997 Rules of Civil Procedure the motion to intervene may be filed at any time
before rendition of judgment by the court. Since this case originated from an original action
filed before this Court, the appropriate time to file the motions-in-intervention in this case if
ever was before and not after resolution of this case. To allow intervention at this juncture
would be highly irregular. It is extremely improbable that the movants were unaware of the
pendency of the present case before the Court, and indeed none of them allege such lack of
knowledge.
31
The requirements for intervention are: [a] legal interest in the matter in litigation; and [b]
consideration must be given as to whether the adjudication of the rights of the original parties
may be delayed or prejudiced, or whether the intervenor's rights may be protected in a
3
separate proceeding or not. Petitioners failed to meet both requirements. Legal interest, which
entitles a person to intervene, must be in the matter in litigation and of such direct and
immediate character that the intervenor will either gain or lose by direct legal operation and
effect of the judgment. Petitioners, being co-creditors, are not the parties liable for the claims
of the manning agent and crewmen. Also, petitioners' remedies as unpaid mortgagees remain
preserved as the collection case will not preclude the foreclosure of the vessel.
16

2.
Duces tecum bring docs etc. (but still appear)
Who can issue:

In crim, Office of the Prosecutor issue subpoena, received by the accused, is it
necessary for the Office of the Prosecutor to acquire jurisdiction over the accused?
NO, irrelevant. Preliminary investigation is a statutory right and is waiveable.
o Rule 112, Sec. 3(d) Prosecutor issues resolution; not imperative that
subpoena be received by accused
Quashal of Subpoena (Sec. 4)
the heart of subpoena)
Ad testificandum
1. Not bound disqualification because of privilege (qualified)
2. Kilometrage and witness fees
o 100 km from home to court
o You can be arrested to comply. (compulsory process)
Duces tecum
1. Fail to tender cost of production
2. Kilometrage fees
3. Unreasonable and oppressive
4. Relevancy
5. Sec. 3 failure to describe with particularity the document to be presented
Rules 23-29 (Discovery)
Rule 23
1.
2.
3.
4.
General provisions (Secs. 1-14)

Oral Depositions (Secs. 15-24)
Written Depositions (Secs. 25-28)
Errors and irregularities (Sec. 29)
Scope : Any matter, not privileged, relevant, direct relation to the fact in issue
Not privileged not disqualified to be a witness
Rules to Consider:
1. When file
o With leave of court acquire jurisdiction but before answer is filed
o Without leave of court after answer is filed
o GR: Before answer, you file a notice. EX: deposition (file a motion)
2. Before whom taken
3.
Phils. judge, notary public, authorized to administer oaths, agreement

Judge can be taken where the action is pending; applies to any judge in
the Philippines
o Abroad (Sec. 14)
o Stipulation of parties need consent of both parties
o Letter Rogatory v. Commission
Letters communication from one judicial authority to another;
supervised by judicial authority in that country; follow rules of foreign
court
Commission appointment of a lower court
32
Dulay v. Dulay
33
Ayala Land v. Tagle
To commission is to appoint
Process (Secs. 17, 19, 20, 21)
o Who shall record : stenographer (under the direction and supervision of the
officer before whom deposition is taken
o Deponent review then sign he can refuse to sign or waive signature
o File in court with indication of name of deponent
o May file a motion to suppress
o Signature (1) authenticate, (2) witness read it
Memorize the uses under Sec. 4

1. Impeach or contradict witness
o Prior inconsistent statements (Rule 132, Sec. 11)
o Lay the basis of time, place and person during the trial
32
While a court had the authority to entertain a discovery request, it is not required to provide
judicial assistance thereto. This reality was recognized by the trial court when it ordered
respondent to have the questioned depositions authenticated by the Philippine consulate.
Indeed, refusing the allowance of the depositions in issue would be going directly against the
purpose of taking the depositions in the first place, that is, the disclosure of facts which are
relevant to the proceedings in court. Moreover, the authentication made by the consul was a
ratification of the authority of the notary public who took the questioned depositions. The
deposition was, in effect, obtained through a commission, and no longer through letters
rogatory.
33
A deposition not signed does not preclude its use during the trial. A deponents signature to
the deposition is not in all events indispensable since the presence of signature goes primarily
to the form of deposition. The requirement that the deposition must be examined and signed
by the witness is only to ensure that the deponent is afforded the opportunity to correct any
errors contained therein and to ensure its accuracy. In any event, the admissibility of the
deposition does not preclude the determination of its probative value at the appropriate time.
The admissibility of evidence should not be equated with weight of evidence.
17

2.
3.
Adverse party = for any purpose

Any purpose
o Resides more than 100 km
Can a judge issue a subpoena? Yes. Rule 21, Sec. 5
o Sick etc.
Can the deposition of a dead person be presented in court? YES, hearsay
but subject to cross examination
Is cross examination necessary? YES (Rule 130, Sec. 47)
o Cannot be served with subpoena
o Exceptional cases not compelled to present deponent in court
Who are disqualified (MEMORIZE)
Irregularities (REMEMBER)
o GR: waived unless call the attention of the court
o Can you take deposition after pre-trial? Must reserve right in pre-trial brief
34
Jonathan Landoil v. Mangudadattu
o GR: Deposition cannot replace oral examination in court. Must present
witness in court. EX: Uses of Deposition (Rule 23, Sec. 4)
o Can you still cross examine in court even if cross examined during deposition
35
taking? YES. (Sabio case)
o Can the court regulate? YES. If only purpose is to annoy, embarrass, oppress
o Dismiss case if fail to answer? Exception: In a case where the failure to
answer was only an incident of the case and the plaintiff is a pauper litigant
Rule 24
Perpetuation of testimony
If there is no pending case, you cannot take deposition. Must file a case in order
to file for taking of deposition.
Venue:
o Before Action : Where expected adverse party resides
o Pending Appeal : Where judgment is rendered
34
Deposition may be made after the trial court has acquired jurisdiction over any defendant or
over property that is the subject of the action; or, without such leave, after an answer has been
served. Deposition may also be taken during trial under Rule 23 Section 4. When a deposition
does not conform to the essential requirements of law and may reasonably cause material
injury to the adverse party, its taking should not be allowed.
35
It matters not that that opportunity for cross-examination was afforded during the taking of
the deposition; for normally, the opportunity for cross-examination must be accorded a party at
the time that the testimonial evidence is actually presented against him during the trial or
hearing. However, depositions may be used without the deponent being actually called to the
witness stand by the proponent, under certain conditions and for certain limited purposes.
Contents of a petition
Pending appeal v. Before action
o For pending appeal : Petition for certiorari is not an appeal and is allowed as
long as the principal action is alive.
Rule 25
Rule 23 v. Rule 25
o Rule 23: can take depo of anyone (party or witness); no fixed time; direct,
cross, redirect, recross; answer only in the presence of deposition officer
o Rule 25 : directed only to the parties; 15 days to answer
o Mode of application and Use are the same
Effect of failure to serve: Cannot be compelled to testify
o Can call adverse party as witness (Rule 132)
o Not considered as a hostile witness
Rule 26
Directed to the adverse party
Fail to respond : Implied admission
Documents must be attached
Admit only due execution and genuineness
Edades case
Who will suffer cost? Party who refused but advanced by party applying
Rule 27
Production of documents v. Subpoena
o Production may be a preparatory act for the presentation of secondary
evidence.
There must be notice to produce
Do not assume it is a mode of discovery
If directed to produce a specific evidence, be careful.
Compelled to be presented in court? NO. Only a mode of discovering evidence.
Fishing expedition is not a defense.
Rule 28
1. Subject Matter Very limited application
2. When apply? Only for special cases involving mental and physical condition
3. Consequences waiver of doctor-patient privilege
o Privilege applies only when (1) blacken reputation, (2) only civil case
o To avoid, do not ask for discovery.
o Can ask for a copy of previous/subsequent examinations
18

o
Testimony may be excluded at the outset
3. Agreement
Can an adoption case be delegated? NO.
Rule 29
Rule 31 (Consolidation)
Consequences of refusal to answer:
1. May be placed in contempt
2. Can be arrested
Cannot apply in a singular instance

Discovery in SpecPro? Rule 72, Sec. 2 (default provision)
Can Rule23 apply in a criminal case?
o Conditional examination of witnesses is akin to deposition
o Rules 28 is inherent in criminal cases
o Webb case did not clearly rule upon; too many documents already; but see
concurring opinion
Rule 30 (Trial)
Value in the manner of presentation

What is trial? Rule 119, Rule 30
Conduct of examination of witnesses (Rule 132)
Order of presentation, can it be reserved? YES. Crim, in claim of self-defense. Civ,
??? (maybe a midterms question)
Judgment without trial
o Hearing does not necessarily mean trial
o If you breach a compromise agreement, proceed with execution.
Grounds for cancellation
1. Illness
o Presence is indispensable
o Nature of illness is excused
2. Absence of evidence
Can a subpoena be issued by the Clerk of Court in the absence of a pending
action? No.
Can the Clerk of Court issue a subpoena? Only ad testificandum.
Can the Clerk of Court resolve objections ex parte? NO, cannot determine
admissibility of evidence. He should only note down the objections and let the
judge decide.
Judge can delegate to the Clerk of Court
1. Default proceeding
2. Ex parte as in default if not appear in pre-trial
It presupposes a pending action.

o More than one pending case
o Commonality of fact and law
o Ex. Pyramid scheme case
Can you consolidate cases pending in 2 different regions? YES.(Zulueta v. Asia
36
Brewery)
Rule 32 (Trial by Commissioner)
A commissioner can hear any matter, can issue subpoena if within order of
reference, can resolve objections.
Trial by commissioner resorted to in cases like expropriation (mandatory) and
partition (only when parties do not agree).
Report of commissioner is not a judgment; it only serves to aid the court.
Who shoulders payment? GR: losing party. EX: apportionment
Rule 33 (Demurrer to Evidence)
When
Leave
Remedy
CIVIL CASE
After prosecution has completed its
case (Formal offer of evidence)
No leave of court, but can file for
leave
If granted, appeal
If denied, continue case then
appeal from judgment OR file MR
CRIMINAL CASE
After prosecution rests its case
With leave of court (Can still
present evidence if demurrer is
denied)
Without leave of court (Waive right
to present evidence if demurrer is
denied)
Cannot
appeal/petition
for
certiorari until final judgment
36
When two or more cases involve the same parties and affect closely related subject matters,
they must be consolidated and jointly tried, in order to serve the best interests of the parties
and to settle expeditiously the issues involved. Consolidation, when appropriate, also
contributes to the declogging of court dockets.
19
Valencia case (demurrer without leave)

37
Dayap v. Sendiong (29 Jan 2009) demurrer in criminal case
o Effect of dismissal : Amount to acquittal without prejudice
o Is it reviewable by appeal? NO, double jeopardy has set in
o Appeal not a remedy in acquittal
o Reviewable only by Rule 65
Usually subject is acquittal by trial court or CA
Need consent of SolGen
38
Cabador v. People demurrer partakes nature of motion to dismiss
o If demurrer is granted, it amounts to an acquittal. Can accused evidence in
civil aspect of the case? YES, once criminal case is instituted, civil case is also
instituted unless order specifies the fact that from which liability arise does
not exist
o If demurrer is granted, it amounts to an acquittal granting civil liability.
Judgment on civil aspect is a nullity because the accused was not given a
chance to present evidence.
39
Radiowealth v. Del Rosario consequence of reversal on the grant of demurrer :
if the next level court reverses the findings of the trial court, can defendant still
adduce evidence? NO.
Rule 34 (Judgment on the Pleadings)
File this at the very first instance

If filed after pre-trial, it only procedurally delays the case.
Allowed if answer (1) does not tender an issue, (2) admits allegations of the case
o Material allegations refer to cause of action
o Practically admitted the cause of action
Procedure:
o Who files : Plaintiff
o Can there be partial judgment? NO, always FULL judgment.
o Available during pre-trial since state willingness to avail of judgment on the
pleadings or summary judgment.
o When : At least 3 days before hearing
Can court motu proprio render Judgment on the Pleadings? Yes, during pre-trial.
NO, during trial, done only upon application.
Pasab v. Arandaya - administrative complaint against judge who render
judgment on the pleadings motu proprio
Rule 35 (Summary Judgment)
37
If demurrer is granted and the accused is acquitted by the court, the accused has the right to
adduce evidence on the civil aspect of the case unless the court also declares that the act or
omission from which the civil liability may arise did not exist. This is because when the accused
files a demurrer to evidence, he has not yet adduced evidence both on the criminal and civil
aspects of the case. The only evidence on record is the evidence for the prosecution. What the
trial court should do is issue an order or partial judgment granting the demurrer to evidence
and acquitting the accused, and set the case for continuation of trial for the accused to adduce
evidence on the civil aspect of the case and for the private complainant to adduce evidence by
way of rebuttal. Thereafter, the court shall render judgment on the civil aspect of the case
38
Since Cabador filed his motion to dismiss before he could object to the prosecutions formal
offer, before the trial court could act on the offer, and before the prosecution could rest its
case, it could not be said that he had intended his motion to dismiss to serve as a demurrer to
evidence. Since Cabador filed a motion to dismiss on the ground of violation of his right to
speedy trial, not a demurrer to evidence, he cannot be declared to have waived his right to
present evidence in his defense.
39
If a demurrer to evidence is granted but on appeal the order of dismissal is reversed, the
movant shall be deemed to have waived the right to present evidence. The movant who
presents a demurrer to the plaintiffs evidence retains the right to present their own evidence,
if the trial court disagrees with them; if the trial court agrees with them, but on appeal, the
appellate court disagrees with both of them and reverses the dismissal order, the defendants
lose the right to present their own evidence. The appellate court shall, in addition, resolve the
People v. Gatchiola MTD without leave (referring to demurrer) waives right to

40
present evidence
No genuine issue as to the material fact (MEMORIZE definition)

Complaint + Documents + Affidavit + Depositions
Fail to tender an issue v. No genuine issue
o Fail to tender an issue : (1) Simply stated the cause of action, (2) admit the
allegations
o No genuine issue : Not go into the entire case, only material fact is admitted
EXCEPT amount of damages (usually unliquidated and must be proved)
Ex. Claim of P50M, demand + interest, but admit only P25M in the letter, if
defendant says later on that he doesnt own any money from plaintiff, letter can
be shown as defendants own admission.
41
Woodtech v. Equitable Bank
case and render judgment on the merits, inasmuch as a demurrer aims to discourage prolonged
litigations.
40
When an accused files a demurrer to evidence without express leave of court, he is deemed
to have waived his right to present his own evidence.
41
Applying the requisites of a judgment on the pleadings vis--vis a summary judgment, the
judgment rendered by the RTC was not a judgment on the pleadings, but a summary judgment.
20
42
Narra Integrated Corp. v. CA existence of ostensible issues

There can be a hearing.
Promissory note with no date due and demandable. Can there be summary
judgment? YES. Judgment on the pleadings? NO.
Court cannot grant summary judgment motu proprio
Rule 37 (MR/MNT)
Rule 36 (Judgment)
GR: Immutability of judgment (unalterable)

EX:
1. Nunc pro tunc judgment not speak the truth
2. Clerical errors
3. Void judgments
Support is never final and executory
Is a judge required to take notes during hearing? NO.
Is it necessary for the judge who heard the case to also render judgment? NO.
Anama v. CA non-submission of memoranda part of trial; neither is it
43
indispensable for court to render judgment
Separate judgment several claims of relief
o Ex. Expropriation (just compensation and authority to expropriate), Partial
summary judgment
Several judgment several defendants
Although the Answer apparently raised issues, both the RTC and the Court of Appeals after
considering the parties pleadings, petitioners admissions and the documents attached to the
Complaint, found that the issues are not factual ones requiring trial, nor were they genuine
issues.
42
The existence or appearance of ostensible issues in the pleadings, on the one hand, and their
sham or fictitious character, on the other, are what distinguish a proper case for summary
judgment from one for a judgment on the pleadings. In a proper case for judgment on the
pleadings, there is no ostensible issue at all because of the failure of the defending partys
answer to raise an issue. On the other hand, in the case a of a summary judgment, issues
apparently exist i.e. facts are asserted in the complaint regarding which there is as yet no
admission, disavowal or qualification; or specific denials or affirmative defenses are in truth set
out in the answer but the issues thus arising from the pleadings are sham, fictitious or not
genuine, as shown by affidavits, depositions, or admissions
43
The filing of memoranda is not a part of the trial nor is the memorandum itself an essential,
much less indispensable pleading before a case may be submitted for decision. As it is merely
intended to aid the court in the rendition of the decision in accordance with law and evidence which even in its absence the court can do on the basis of the judges personal notes and the
records of the case - non-submission thereof has invariably been considered a waiver of the
privilege.
Can a judgment be rendered against a non-juridical entity? YES.
Wait for judgment before apply for MR/MNT

MR not a prerequisite before appeal EXCEPT summary procedure (prohibited
pleading)
When : 15 days; cannot be extended
Resolve : Within 30 days
Can there be partial MR? YES.
Grounds to file MR:
1. Extrinsic fraud
2. Mistake as to fact
3. Excusable neglect
Grounds to file MNT : newly discovered evidence
1. Material evidence
2. Not available during trial
3. May alter results
Neypes rule fresh period; not apply to Rule 42, 43, 45 since it is already
44
provided for in the provision
You can only file one MR; You can file MNT twice
Effect of grant of MNT : Trial de novo (new hearing but records of old trial is
retained)
MNT under CA found under Rule 52; ground is only newly discovered evidence;
filed while court still has jurisdiction
MNT in SC? Rule 56, Secs. 2 & 3. As a rule, NO, although left to the sound
discretion of the court.
nd
2 MR is available in lower courts in exceptional circumstances
nd
o Court can motu proprio dismiss case if motion is a 2 MR
If in a summary procedure, court dismissed the case for failure to file an answer,
MR is a prohibited pleading only if judgment rendered on the merits. (Lucas v.
Falons)
44
To standardize the appeal periods provided in the Rules and to afford litigants fair
opportunity to appeal their cases, the Court deems it practical to allow a fresh period of 15 days
within which to file the notice of appeal in the Regional Trial Court, counted from receipt of the
order dismissing a motion for a new trial or motion for reconsideration. Henceforth, this fresh
period rule shall also apply to Rule 40 governing appeals from the Municipal Trial Courts to the
Regional Trial Courts; Rule 42 on petitions for review from the Regional Trial Courts to the Court
of Appeals; Rule 43 on appeals from quasi-judicial agencies to the Court of Appeals and Rule 45
governing appeals by certiorari to the Supreme Court.
21
Rule 38 (Petition for Relief)
Must be a party to a case

Kinds:
1. Judgment
2. Denial of appeal prevented from filing an appeal
Where:
1. Court rendered judgment (for judgments not appealable)
2. Court that denied the appeal (for denial of appeal)
If appeal is filed out of time, file an MR.
When : 60 days and 6 months when judgment is final and executor
o Both periods must be complied with
o Cannot be extended
o Goal is to move around the 6 months
Ex. Judgment made on June 1. Learn only on Nov 15. Until Dec 1 to file
petition for relief.
There must be no other remedy available.
Grounds for petition for relief v. denial of appeal
Grounds of FAME only available:
1. MNT (Rule 37)
2. Petition for relief (Rule 38)
3. Motion to set aside order of default (Rule 9)
4. MR order during pre-trial allowing plaintiff to present evidence (Saguid v. CA)
45
Alaban v. CA
Does petition for relief apply in original cases filed before CA & SC? No clear
ruling on this matter. In sirs opinion, no. Procedure before CA is governed by
Rules 46-55.
Rule 39 (Execution)
Secs. 1-14 : General provisions

45
A proceeding for the probate of a will is one in rem. Even though the petitioner-heirs were
not mentioned in the petition for probate, they eventually became parties thereto as a
consequence of the publication of the notice of hearing. As parties to the probate proceedings,
they could have still filed a petition for relief from judgment after the denial of their motion to
reopen. For failure to make use without sufficient justification of the remedies available to
them, petitioner-heirs could no longer resort to a petition for annulment of judgment.
Moreover, the non-inclusion of their names in the petition and the alleged failure to personally
notify them of the proceedings do not constitute extrinsic fraud.
Secs. 15-34 : Conduct of sale; Redemption; Third party claim

Secs. 35-43 : Remedies of inability to satisfy judgment
Secs. 44-45 : Satisfaction of judgment
Secs. 46-48 : Enforcement/Effects of judgment
General Provisions
Execution as a matter of right v. Discretionary execution
o As a matter of right:
Final and executory judgment. (as a rule, it is immutable)
Issued by the court of origin EXCEPT (1) interest of justice, (2) original
jurisdiction (Rule 46)
Filed in the court that rendered the judgment
Do you need a bond issue writ as a matter of right? No. Once judgment
is final and executor, execution is a matter of right. UNLESS GADALEJ and
apply for injunction.
o Discretionary:
No bond required
Issued only for good reasons
Execution pending appeal and discretionary execution are the same.
Need a bond to stay execution
46
Intramuros Tennis Club v. PTA final order v. interlocutory order
Writ of execution must conform to dispositive portion
o What is reproduced is only the dispositive portion.
Do you need a full blown trial for motion of execution? NO.
Can it be filed after perfection of appeal? YES, as long as RTC has not yet lost
jurisdiction over the case.
GR: You can only issue a writ of execution when theres already a final judgment.
46
A "final" judgment or order is one that finally disposes of a case, leaving nothing more for the
court to do in respect thereto such as an adjudication on the merits which, on the basis of
the evidence presented at the trial, declares categorically what the rights and obligations of the
parties are and which party is in the right, or a judgment or order that dismisses an action on
the ground of res judicata or prescription, for instance.12 It is to be distinguished from an order
that is "interlocutory", or one that does not finally dispose of the case, such as an order denying
a motion to dismiss under Rule 16 of the Rules of Court, or granting a motion for extension of
time to file a pleading. As such, only final judgments or orders (as opposed to interlocutory
orders) are appealable. Now, a "final" judgment or order in the sense just described becomes
"final and executory" upon expiration of the period to appeal therefrom where no appeal has
been duly perfected or, an appeal therefrom having been taken, the judgment of the appellate
court in turn has become final. It is called a "final and executory" judgment because execution
at such point issues as a matter of right.
22
EX: (1) support pendente lite; (2) indigent (person is ordered to pay upon
discovery by the court that he is not an indigent)
Matters to be heard:
1. Execution pending appeal
2. Orders for protection
3. Indigent
4. Compromise
Can an MR stay/suspend the application for injunction etc? Once there is a
judgment, it is immediately executory. Theoretically, there is still jurisdiction. No
clear answer.
Mina v. Vianzon demolition issued by the court of origin (MTC). Exception:
47
discretionary execution (because of failure to pay monthly rentals).
48
Who has to make reports? Sheriff (Patawaran v. Nepomuceno)
Is a motion for execution indispensable? YES.
o What if executory in nature? YES.
o Cagayan de Oro v. CA lawful levy is necessary before sale is effected.
Can the court direct on its own the issuance of a writ of execution? NO.
Revival of judgment
o Sec. 6. by independent action after lapse of 5 years from entry of judgment
o When can you file motion for execution? 5 years from entry of judgment (life
of the writ)
o 10 years prescriptive period for judgment; not original action; always 10
years regardless of cause of action
Death after judgment by the judgment obligor
o Executed by executor or administrator
o If sum of money case? No execution. File against the estate.
o If died after levy? Proceed with the case.
o Preference is given to person with levy.
Sec. 8 only provides for form
o Not mandatory to appear

o Only what is provided for in the judgment
Sec. 9 involves money judgment
1. Payment in cash
o Payment to judgment obligee representative sheriff (received for
the benefit of the obligee Deliver to clerk of court
o Pay through a promissory note? NO.
o Pay through a certified bank check? YES. In our jurisdiction, it is
equivalent to a cashier/managers check. Verify if its authentic.
2. Sale/Levy
o No funds, cash, or property
o Public auction
o Obligor is given the choice which properties will be disposed of first: (1)
personal, (2) real
3. Garnishment
o Bank deposits, royalties, annuities, etc.
o To some extent, application is frozen
o Custodian makes a deposit within 5 days
o Court issues another order requiring transfer of funds
o How will you garnish? Serve it to the head office.
Disobedient party under Sec. 9 : The court can require someone else to comply
with the provisions of Sec. 9.
o Deemed as complied with
o Is contempt possible? NO.
o There must be an effort to levy on cash.
49
o PAL v. CA there must be first a demand for payment of cash.
o Can there be simultaneous issuance of execution to vacate and to demolish?
NO. To demolish is a punitive penalty. Party is entitled to hearing.
49
47
In the execution of the judgment in ejectment cases, the issuance of a demolition order is
within the jurisdiction of the Municipal Trial Court which rendered the decision. The Regional
Trial Court that affirms the decision of the Municipal Trial Court cannot order execution of its
judgment. The exception is when the Regional Trial Court grants execution pending appeal.
48
The submission of the return and periodic reports is not an empty requirement. It serves to
update the court as to the status of the execution and to give it an idea as to why the judgment
was not satisfied. It also provides insights for the court as to how efficient court processes are
after judgment has been promulgated. Sheriffs, as public officers are repositories of public trust
and are under obligation to perform the duties of their office honestly, faithfully and to the best
of their ability. They are bound to use reasonable skill and diligence in the performance of their
official duties particularly where the rights of individuals may be jeopardized by their neglect.
Unless authorized to do so by law or by consent of the obligee a public officer has no

authority to accept anything other than money in payment of an obligation under a judgment
being executed. Strictly speaking, the acceptance by the sheriff of the petitioner's checks, in the
case at bar, does not, per se, operate as a discharge of the judgment debt. A check, whether a
manager's check or ordinary cheek, is not legal tender, and an offer of a check in payment of a
debt is not a valid tender of payment and may be refused receipt by the obligee or creditor.
Mere delivery of checks does not discharge the obligation under a judgment. The obligation is
not extinguished and remains suspended until the payment by commercial document is actually
realized. Payment in money or cash to the implementing officer may be deemed absolute
payment of the judgment debt but the Court has never, in the least bit, suggested that
judgment debtors should settle their obligations by turning over huge amounts of cash or legal
tender to sheriffs and other executing officers.
23
Sec. 11 is special judgment.

o Attach a certified true copy of the judgment with the application
o May be cited in contempt for noncompliance (because it is purely personal)
Sec. 12 is exempt from execution.
o Family home, regardless of value? Only to the extent covered by the FC.
o Homestead patents awarded to individual to give them chance to
cultivate/livelihood
o Professional libraries not exceed P100,000
o Furniture of family not exceed P100,000
o Horses, beasts of burden
o Tombstones respect for the dead; mausoleums are not exempt
Sec. 14 when to apply for motion for execution : 5 years (life of writ)
Conduct of sale; Redemption

1. Minimum requirements of sale
o Notice to public (posting and publication)
o Notice to judgment obligor
o Notice at least 3 days before sale
2. Certificates of sale not mandatory for personal property capable of manual
delivery
3. Redemptioners
o Judgment obligor
o Those who have an interest on the property
4. Redemption period
o For perishable goods reasonable time (no time frame)
o For personal property at least 5 days
o For real property within 20 days
o If value of property exceeds P50,000 need publication
5. Who will be in possession of property sold in public sale? Entitled to profits?
Judgment obligor
o You cant change nature of property during the redemption period
6. Sec. 34 if fail to take possession, what are the remedies?
o Recover value in same action or separate action
o Revive judgment in the name of the purchase steps into the shoes of the
judgment obligee
Sale proper:
o No minimum requirement of persons/participants
o Public means open to the public
o 9am-2pm : office of the clerk of court; usually outside hall of justice
Personal property capable of manual delivery in the place where property

is located/found
o Contents of certificate of sale in real property tells you when you acquired
ownership over the property; evidence of acquisition; registered with the
register of deeds
o Can you redeem personal property sold in a public sale? NO, only real
property
When can you redeem?
o Judgment obligor 1 year; non-extendible; once he redeems, no further
redemption is allowed
o Redemptioner redeem in intervals of 60 days (within 1 year from
registration of certificate of sale)
o Right over the writ the last one with the writ
How to redeem?
o Is intention to redeem sufficient? NO. There must be willingness + intention +
tender.
o Can there be installment redemption? NO. This entails legal redemption.
o Can you redeem beyond the period? NO. Its already a contractual
redemption between parties.
o Redemption within 1 year: payment of price subject of sale; after lapse of
the period: amount dictated by the agreement of the parties
Remedies of inability to satisfy

1. Call judgment obligor and be examined
o Issue subpoena to compel to appear
o Call debtor to witness stand
o Can you pay directly to the sheriff? YES.
o Can there be amortization of payments? YES.
2. Receiver
o Akin to a provisional remedy
o Only provisional remedy that can be given by court even after judgment
o To preserve property from waste/dissipation
3. Interest of obligor court can order sale
4. Person entrusted with property of obligor refuses to recognize interest of obligor
o Ask for order to have the property sold (within 120 days)
o Otherwise, oblige is penalized for contempt
Judgment is only a piece of paper without satisfaction.

MEMORIZE Sec. 44 (Satisfaction)
o Writ is returned
24
Life of writ : 5 years

30 days is the period to report and make an inventory (duty of sheriff)
o Written acknowledgment of obligee/counsel
o Endorsement on the face of the record of the case
Sec. 45:
o Without consent court believes that it is satisfied; it will enter order of
satisfaction
o With consent (1) with endorsement on records of the case; (2) written
acknowledgment
Enforcement
1. Domestic judgment
o Par. (a) conclusive to title, condition, status, relationship, probate, estate;
presumptive as to death (probate/estate) because will can be probated
during the lifetime of the testator
o Pars. (b) and (c) (b) is res judicata, (c) is conclusiveness of judgment or
preclusion of issue
50
Barreto v. CA Aspects of conclusiveness of judgment: (1) bar
prosecution of same action, same claim; (2) bar relitigation of particular
fact/issue in another action for same parties under different claim/cause
of action (a particular fact already resolved by the court)
Example: T sued P, who is a contractor of a development project. There
was a contract and P failed to comply with the provisions. T contests the
contents and validity of the contract. Ruling of court: valid contract.
Later on, T sued P and B, who is in charge of windows, and R and M, in
charge of wiring. T wants payment or comply with contract. Can T still
sue P? YES. Can the court determine validity of the contract? NO, validity
was already resolved.
2. Foreign judgment
o Conclusive as to specific title of things; Presumptive against person (Roehr v.
51
Rodriguez)
50
The Rule 39, Sec. 47 (b)(c) embodies the fundamental principles of res judicata, finality of
judgment and estoppel by judgment, which means that once a judgment has become final and
executory, the issues therein litigated upon are laid to rest. The doctrine of res judicata is of
two aspects. The first aspect is the effect of a judgment as a bar to the prosecution of a second
action upon the same claim, damand or cause of action. The second aspect precludes the
relitigation of a particular fact or issue in another action between the same parties or their
successors in interest, on a different claim or cause of action.
51
Before our courts can give the effect of res judicata to a foreign judgment [of divorce] x x x, it
must be shown that the parties opposed to the judgment had been given ample opportunity to
o
o
No effect unless theres enforcement; Must file petition in court

Minimum requirements: (1) File verified petition (original jurisdiction is with
RTC); (2) Jurisdiction over the parties (notice must be given)
o Impugn: if theres a mistake of fact/law, etc.
Must be raised in the petition
MEMORIZE Secs. 47-48
Foreign judgment v. Foreign Arbitral award (FAA)
o FAA not a foreign judgment; file an action for recognition; universally
recognized; ground: must be against public policy; instituted before the RTC
but there can be other venues in the ADR
Appeals
ORDINARY APPEALS
Case once decided and

judgment
is
to
be
reviewed; Appeal to next
level court
Rule 40
MTC RTC
File NA/RA with MTC
(court of origin)
Procedure in RTC as
appellate court:
Same rule with
criminal case
File memorandum
RTC will not try
case
Notice of Appeal
File within 15 days
Non extendible. If file
PETITION FOR REVIEW

Case twice decided
Rule 42
MTC RTC CA
MTC RTC (MR then
appeal EXCEPT in
summary procedure)
Small claims decision
is final and executor
UNLESS GADALEJ.
In
intra-corporate:
RTC CA via Rule 43
Contents:
1. Full names
2. Material dates
3. Matters
PETITION FOR REVIEW ON

CERTIORARI (Rule 45)
The only way up to the SC
EXCEPT if penalty is death,
reclusion perpetua, or life
imprisonment
Can be extended only
for 30 days in a
singular
instance
(upon good reason)
No further extension
can be granted
Compelling reasons
means reason that
will convince the
court to give you
further time
Contents are similar
SC is not duty-bound
to review decision;
do so on grounds allowed under Rule 39, Section 48, 1997 Rules of Civil Procedure. It is
essential that there should be an opportunity to challenge the foreign judgment, in order for
the court in this jurisdiction to properly determine its efficacy. In this jurisdiction, our Rules of
Court clearly provide that with respect to actions in personam, as distinguished from actions in
rem, a foreign judgment |merely constitutes prima facie evidence of the justness of the claim
of a party and, as such, is subject to proof to the contrary.
25

MR, apply Neypes rule
It is a statement when
you
received
judgment, you want
to appeal, and you
paid required docket
fees
within
reglementary period.
Record of Appeal
File within 30 days
GR: non-extendible.
EX: Unless authorized
alteration
or
amendment
It is a sequential
compilation
of
pleadings, orders of
judgment.
Perfected
upon
approval by the court
Only in specpro or
multiple appeals.
Rule 41
RTC CA
Procedure in CA as
appellate court:
File
appellant/
appellees brief
(Rule 44, Rule
122, Rule 124)
within 45 days
File reply brief
within 20 days
Same
with
crimpro
but
period is shorter
No record on
appeal in crim
case
4. Duplicate original
of judgment
5. CNFS
6. Verification
7. Copies of the
pleadings
8. Affidavit
of
service
9. Copy furnish the
petition
Entertain only if
doctrinal change or
affect rights of parties
- Receipt
of
decision
- Filing of MR/MNT
- Denial
of
MR/MNT
5. Parties,
issues,
grounds
6. Explanation if not
done
through
personal service
(affidavit
of
service)
Perfection of appeal
Made within the reglementary period
Ex. Plaintiff received the decision on Feb 1, filed appeal on Feb 8. Defendant
received the decision on Feb 3, filed appeal on Feb 7. Court still retained
jurisdiction on Feb 7.
Rule 41, Sec. 9 lose jurisdiction only after expiration of period to appeal (only if
court still has possession of records)
If both parties appealed, court also loses jurisdiction over the case.
Rule 43
QJA CA
Can be extended
upon payment of
docket fees within the
reglementary period
Can you ask for a
second
extension?
GR:
No.
EX:
compelling reasons
Memorize
requirements:
1. Verified
2. CNFS
3. Certified
true
copy of judgment
4. Affidavit
of
material dates
Petition for review

Dismissal of appeal filed via Rule 42 jurat not comply with identification
consistent with notarial practice law
Attached pleadings in Rule 42 and Rule 43 are the same EXCEPT Rule 43 should
be certified true copies (since from a QJA)
Sec 1 of Rule 43 enumeration of QJA; not a closed list (Ex. OP, DARAB, NLRC)
CTA decision appealable to SC, not CA
Duplicate signed by the judge; Carbon copy stamped and not originally signed,
certified true copy signed by the clerk of court
RULE 45
Appeal
15 days
Can extend
Question of law
RULE 65
Special civil action
60 days
Cannot extend (as of Dec 2007)
GADALEJ + no appeal/speedy remedy
Rules 45-55 (Procedure in the CA)
26

o
o
Rule 46
Read this rule. Asked in the BAR.

Original actions filed in the CA. (CPMQH, Amparo, Habeas Data, Custody of
minors, Annulment)
How do you acquire jurisdiction over the respondent? Sec. 4, service of order or
voluntary submission.
o There must be actual service (Sec. 13 personal service or registered mail)
o Effort to serve? NO.
Can CA conduct a hearing? YES, oral arguments.
Rule 47
Annulment is not an appeal; it is an original action.
Can u seek annulment of MTC decision? YES, file in the RTC.
Can u seek annulment of CA decision? NO.
Only provision used in two ways:
1. Lack of jurisdiction over subject matter and defendant
2. Extrinsic evidence
Filed before RTC, CA
Consider nature of the case
Only a remedy in a civil case, not a criminal case
Rule 48
Equivalent to pre-trial in CA
Whether original or appealed case
Effect if appellant is absent? Appeal is dismissed (Rule 50)
They can stipulate on facts grant of MNT (newly discovered evidence) or in an
original action filed before CA
Rule 49
Only original cases are argued
Not appealed cases UNLESS CA feels theres a need (reasonable discretion)
Do you hear motions? NO, unless court says otherwise
Rule 50
Dismissal of appeal:
1. Filed outside reglementary period
2. Pay docket fees outside reglementary period (even if appeal is filed on time)
3. Failed to file appellants brief
4.
Under Rule 124, this amounts to an abandonment.

Even if you file appellants brief, appeal can still be dismissed if theres no
page reference (table of contents), absence of assignment of errors, failure
to comply with circulars (technical rules).
Read Rule 50, Sec. 1.
Rule 51
Decided by divisions of 3
o SC decisions decided by divisions of 5
o The rest can be juggled except the ponente
o There should be a unanimous decision.
o If there is a dissent, create a special division of 5. Created by presiding justice
CA will never render a decision en banc EXCEPT admin cases
Become final and executory after lapse of reglementary period
o Entry of judgment is the same
o In real practice, youll receive the entry 1-2 months after decision. This is to
allow the other party to avail of other remedies.
Rules 52-53
MR
Same grounds: contrary to law,
misappreciation of evidence, excessive
damages
RTC: Resolve within 30 days
CA: Resolve within 90 days
MNT
RTC: FAME + newly discovered evidence
CA: newly discovered evidence
RTC: File within reglementary period
CA: From time appeal is perfected and as
long as CA has jurisdiction
Rule 54
Initially, raffled and assigned to a division for collation Collegial body (3 justices)
Unanimous vote (decision)
Rule 56 (Procedure in the SC)
Official recording book : Phil. Reports (for judges)

Take note of Secs. 1 and 3
o Memorize the grounds
CPMHQ, disciplinary cases against members of the BAR, against
ambassadors, etc.
Provided for under the Constitution: validity of treaties, agreements, etc
27

o
o
If its an original action, do you file a petition for review on certiorari? NO.
No prescribed form in an action against members of the BAR. (Ex.. letter of
communication). Refer to IBP for investigation.
Procedure:
o Original cases consider Rules 46 (ALWAYS), 48, 49, 51, 52
o Appealed cases consider Rule 45 (ALWAYS), 48, 51, 52
MNT is not a remedy in the SC. Although SC has the power to entertain it in its
discretion.
Provisional Remedies
GR: Provisional remedy is only an ancillary action.
EX: Under ADR law, there can be a principal action of the provisional remedy if in aid
of an arbitration case.
All provisional remedies require payment of damages EXCEPT Rule 61
Rule 57
52
Manguila v. CA (cited Davao Light & Power v. CA) when jurisdiction over the
defendant should be acquired.
Initiated in 2 ways:
1. Ex parte (together with initiatory pleading) no notice to other party
2. Application while the action is pending
o File a motion (comply with Rule 15)
o Must be with notice and hearing
Grant of writ of execution Stages:
1. Issue order granting application may be without notice to party
2. Order issuing writ no summons yet
3. Writ is implemented need jurisdiction over the party
52
It goes without saying that whatever be the acts done by the Court prior to the acquisition of
jurisdiction over the person of defendant x x x issuance of summons, order of attachment and
writ of attachment x x x these do not and cannot bind and affect the defendant until and
unless jurisdiction over his person is eventually obtained by the court, either by service on him
of summons or other coercive process or his voluntary submission to the courts authority.
Hence, when the sheriff or other proper officer commences implementation of the writ of
attachment, it is essential that he serve on the defendant not only a copy of the applicants
affidavit and attachment bond, and of the order of attachment, as explicitly required by Section
5 of Rule 57, but also the summons addressed to said defendant as well as a copy of the
complaint.
Sec. 5 summons served prior to/contemporaneously with (either personal

service or substituted service)
Belated service of summons does not confer retroactive acquisition of jurisdiction
MEMORIZE grounds
1. Claim for money
o EXCEPT moral and exemplary damages (unliquidated damages)
o Arises from an obligation
o About to depart with intent to defraud
Requires analysis of facts
Condition of the mind
There should be manifest acts (ex. Withdrawing all accounts thereby
transforming assets)
Allegations should be beyond averments; must give details
2. Embezzlement/misappropriation (Estafa) abuse of trust in a fiduciary
relationship; See Rule 127
3. Action for recovery of property
o Willful concealment or removed/converted property; property is
unjustly taken or fraudulently taken
o There is fraud
o Look at the nature of the action
o Make sure that the allegations are clear in the circumstances
4. Fraud in incurring obligation OR in the performance
o Most common source of question in the BAR
o Example of contracting obligation: Sold property not owned
o What do you mean in the performance? At the outset, it appears to be
a valid transaction. Ex. Want Spanish tiles. Contractor agreed but
purchased substandard tiles.
5. Against a person who removes or conceal property
6. Nonresident
o Does not extend to juridical persons
o Fraud is not important
Procedure:
1. Complaint + Application for preliminary attachment filed in court (executive
judge)
2. Conduct raffle
3. Assigned to another judge
4. Records are then forwarded
5. Judge immediately reads the files and examines the complaint
6. If he grants the order of attachment, require applicant to file a bond
o Court determines the value of the bond
28

o I am able and willing to post the bond
Summons + complaint + Order + Copy of the bond (to acquire jurisdiction
over the defendant)
GR: Order of attachment cannot come ahead of summons. It must be issued at
the same time as summons or summons issued ahead of order.
EX:
1. Personal service cannot be effected
2. Substituted service
3. Nonresident defendant
4. In rem/quasi in rem
5. Defendant temporarily outside the Philippines
Discharge of attachment:
1. Counterbond
o Post counterbond when attachment is already enforced. If merely
learned about the attachment, still cannot post counterbond.
2. Improper/irregular/excessive attachment raised any time before
enforcement
o Improper grounds not available
o Irregular process not followed
53
Yu v. Yu Te (2007) evidence of wrongful attachment
Sec. 20 recovery of damages
o Applies to all provisional remedies EXCEPT support
o Can apply in the trial court or appellate court (in the latter, in case of reversal
and require trial court to receive evidence)
o Apply during the reglementary period, even perfection
o Not apply when case is final and executory
o Claim damages from the bond of applicant
o Recover actual damages for wrongful attachment without need of proof that
plaintiff acted in bad faith
o Wrongful + Malicious = recover actual, moral, and exemplary damages
(Defendant discharge burden of nature and extent of damages)
7.
53
To merit an award of actual damages arising from a wrongful attachment, the attachment
defendant must prove, with the best evidence obtainable, the fact of loss or injury suffered and
the amount thereof. Such loss or injury must be of the kind which is not only capable of proof
but must actually be proved with a reasonable degree of certainty. As to its amount, the same
must be measurable based on specific facts, and not on guesswork or speculation. In particular,
if the claim for actual damages covers unrealized profits, the amount of unrealized profits must
be established and supported by independent evidence of the mean income of the business
undertaking interrupted by the illegal seizure.
Basis of court in actual damages prove the following: (1) best evidence
fact of lost and injury suffered ; not capable of proof but proved with
reasonable degree of certainty; (2) amount thereof
o Can actual damages cover unrealized profits? YES, but supported by
independent evidence of the income of the business undertaking
o How do you prove moral and exemplary damages? Wrongful attachment was
with malice or bad faith.
o Can you recover attorneys fees? GR: Not award if theres no award of moral
or exemplary damages. EX: incurred expenses for the lift of a morally issued
attachment.
54
Metro Inc. v. Lara Gift & Decors (2009) (cited Liberty Insurance v. CA) what is
fraud? Debtor intended to defraud the creditor in incurring the debt. Intent is a
condition of the mind. Fraud must relate to the execution of the agreement. It
must induced the other party into giving their consent. Preconceived plan not to
pay. Involves a question of fact.
55
D. M. Wenceslao v. Readycon when you post the counterbond, does it mean
you waive claim for damages? NO.
Rural Bank of Sta. Barbara v. Manila Mission (2009) motion to release treated
56
as a third party claim
54
To sustain an attachment on this ground, it must be shown that the debtor in contracting the
debt or incurring the obligation intended to defraud the creditor. The fraud must relate to the
execution of the agreement and must have been the reason which induced the other party into
giving consent which he would not have otherwise given. To constitute a ground for
attachment in Section 1(d), Rule 57 of the Rules of Court, fraud should be committed upon
contracting the obligation sued upon. A debt is fraudulently contracted if at the time of
contracting it the debtor has a preconceived plan or intention not to pay, as it is in this case.
The applicant for a writ of preliminary attachment must sufficiently show the factual
circumstances of the alleged fraud because fraudulent intent cannot be inferred from the
debtors mere non-payment of the debt or failure to comply with his obligation.
55
Posting of a counter-bond is not tantamount to a waiver of the right to damages arising from
a wrongful attachment. Whether the attachment was discharged by either of the two (2) ways
indicated in the law, i.e., by filing a counterbond or by showing that the order of attachment
was improperly or irregularly issued, the liability of the surety on the attachment bond subsists
because the final reckoning is when "the Court shall finally adjudge that the attaching creditor
was not entitled" to the issuance of the attachment writ in the first place. The attachment
debtor cannot be deemed to have waived any defect in the issuance of the attachment writ by
simply availing himself of one way of discharging the attachment writ, instead of the other.
Moreover, the filing of a counterbond is a speedier way of discharging the attachment writ
maliciously sought out by the attaching party creditor instead of the other way, which in most
instances like in the present case, would require presentation of evidence in a fullblown trial on
the merits and cannot easily be settled in a pending incident of the case.
29
Third party claim who has a better right or interest over the property; execution
will be suspended
Applicants bond answers for any damages that defendant may suffer as a
result of the attachment
For the process to continue, the burden is on the applicant to post another bond
to cover damages of the third party complainant.
Third party claim
o In execution, vindicate right only in a separate action. In attachment,
vindicate right in same or separate action.
o In execution, judgment is final and executory. In attachment, case just
started.
o Third party claim is served by the sheriff.
o Third party claim can be treated as an intervention.
Which would prevail: previous yet unregistered sale or subsequent duly
annotated? Valdevieso v. Damalerio levy on attachment duly registered takes
57
precedence over prior unregistered sale.
56
The filing by respondent of the Motion to Release Property from Attachment was made on
the advice of the Sheriff upon whom respondent served its Affidavit of Title and Ownership.
Respondent should not be faulted for merely heeding the Sheriffs advice. Apparently, the
Sheriff, instead of acting upon the third-party claim of respondent on his own, would rather
have some direction from the RTC. Indeed, the Sheriff is an officer of the RTC and may be
directed by the said court to allow the third-party claim of respondent. Therefore, the filing of
the Motion in question can be deemed as a mere continuation of the third-party claim of
respondent, in the form of its Affidavit of Title and Ownership, served upon the Sheriff, in
accord with the first paragraph of Section 14, Rule 57 of the Rules of Court. We may also
consider the Motion to Release Property from Attachment, filed by respondent before the RTC,
as a Motion for Intervention in Civil Case No. D-10583, pursuant to the second paragraph of
Section 14, Rule 56, in relation to Rule 19 of the Rules of Court.
57
The settled rule is that levy on attachment, duly registered, takes preference over a prior
unregistered sale. This result is a necessary consequence of the fact that the property involved
was duly covered by the Torrens system which works under the fundamental principle that
registration is the operative act which gives validity to the transfer or creates a lien upon the
land. The preference created by the levy on attachment is not diminished even by the
subsequent registration of the prior sale. This is so because an attachment is a proceeding in
rem. It is against the particular property, enforceable against the whole world. The attaching
creditor acquires a specific lien on the attached property which nothing can subsequently
destroy except the very dissolution of the attachment or levy itself. Such a proceeding, in effect,
means that the property attached is an indebted thing and a virtual condemnation of it to pay
the owners debt. The lien continues until the debt is paid, or sale is had under execution issued
on the judgment, or until the judgment is satisfied, or the attachment discharged or vacated in
some manner provided by law.
Attachment is a proceeding in rem.

58
Magaling v. Ong (2008) challenged for illegal/improper issuance. There must
be a hearing. Burden of proof is on the attaching creditor. Reasonable
opportunity to determine rights of the opposing party. Mere filing of opposition
without hearing is not equivalent to hearing. Lack of hearing bars discharge of
attachment.
59
Security Pacific v. Tria-infante Two ways to secure discharge of attachment:
1. Post security/bond by party or representative
2. Show attachment is improper or irregularly issued
o Mere posting of counterbond does not automatically discharge
attachment.
o There must be a specific resolution for the discharge.
Contents of the affidavit:
1. Cause of action
2. Cases mentioned in Sec. 1
3. No sufficient security
4. Amount appearing in the order above all legal counterclaims
How will you execute if render already judgment but theres previous judgment?
1. Money duly garnished/sale of perishable goods
2. Sold on public sale (Rule 39)
3. Ordinary execution property attach is not sufficient
4. If theres a balance, it will be returned.
Rule 58
Amended in Dec 2007 includes Rule 41, 58, 65; amended Sec. 5, Rule 58
Bacolod City Water District v. Labayen distinction between original action and
60
provisional remedy of injunction
58
Under Sec 13 Rule 57, when the attachment is challenged for having been illegally or
improperly issued, there must be a hearing, with the burden of proof to sustain the writ being
on the attaching creditor. That hearing embraces not only the right to present evidence but also
a reasonable opportunity to know the claims of the opposing parties and meet them. It means
a fair and open hearing. Written opposition filed is not equivalent to a hearing. The absence of
a hearing before the RTC bars the discharge of the writ of preliminary attachment for the
simple reason that the discharge or dissolution of said writ, whether under Sec. 12 or Sec. 13 of
Rule 57 of the Rules of Court, as amended, shall be granted only after due notice and hearing.
59
Under the Rules, there are 2 ways to secure the discharge of an attachment. First, the party
whose property has been attached or a person appearing on his behalf may post a security.
Second, said party may show that the order of attachment was improperly or irregularly issued.
60
The main action for injunction is distinct from the provisional or ancillary remedy of
preliminary injunction which cannot exist except only as part or an incident of an independent
30
Can there be a principal action for injunction? YES.

o Original action seeks final judgment embodying final injunction
o Provisional remedy preserve status quo
61
o Garayblas v. Atienza - injunction as a principal action
62
Requisites (Medina v. Greenfield ; Dela Cruz v. DECS):
1. Clear and unmistakable right
2. Right was violated, and invasion is material and substantial
3. Urgent and permanent necessity to prevent serious damage
Kinds of injunction:
1. Preliminary injunction prohibit or stop to maintain status quo
o Status quo ante
Require parties to maintain the last peaceful condition prior to the
controversy
Order same as TRO EXCEPT no period, no affidavit, no bond
Only upon hearing
2. Preliminary mandatory injunction requires to do/perform something he
would not normally do
63
Urbanes v. CA injunction based on incomplete evidence?
action or proceeding. As a matter of course, in an action for injunction, the auxiliary remedy of
preliminary injunction, whether prohibitory or mandatory, may issue. Under the law, the main
action for injunction seeks a judgment embodying a final injunction which is distinct from, and
should not be confused with, the provisional remedy of preliminary injunction, the sole object
of which is to preserve the status quo until the merits can be heard. A preliminary injunction is
granted at any stage of an action or proceeding prior to the judgment or final order. It persists
until it is dissolved or until the termination of the action without the court issuing a final
injunction.
61
A main action for injunction seeks a judgment embodying a final injunction which is distinct
from, and should not be confused with, the provisional remedy of preliminary injunction, the
sole object of which is to preserve the status quo until the merits can be heard. The latter
persists until it is dissolved or until the termination of the action without the court issuing a
final injunction.
62
To be entitled to an injunctive writ, the petitioner has the burden to establish the following
requisites: (1) a right in esse or a clear and unmistakable right to be protected; (2) a violation of
that right; (3) that there is an urgent and permanent act and urgent necessity for the writ to
prevent serious damage.
63
A writ of preliminary injunction is generally based solely on initial and incomplete
evidence. The evidence submitted during the hearing on an application for a writ of
preliminary injunction is not conclusive or complete for only a sampling is needed to give the
trial court an idea of the justification for the preliminary injunction pending the decision of the
case on the merits. As such, the findings of fact and opinion of a court when issuing the writ of
preliminary injunction are interlocutory in nature and made even before the trial on the merits
What kind of evidence is required? Sampling of evidence is needed. Give an

idea of the justification of issuance. Sampling of evidence means sufficient
evidence to support application to prove the cause of action.
64
Marohombsar v. Adiong can a judge issue preliminary injunction without
notice of hearing? NO.
Can a judge issue TRO without notice and hearing? YES, for great or irreparable
injury.
How many ways to issue TRO ex parte?
1. 72-hour TRO Great and irreparable injury; Issued only by executive judge
or presiding judge
o Executive judge: multi-sala court; named by SC to undertake the
administrative affairs of a particular judicial station
o Presiding judge: single-sala court
2. 20-day TRO issued by a regular court judge only after raffle
TRO: as long as case is pending before judgment becomes final and executory
1. 20 days (RTC) cannot be extended; automatically expires and theres no
need for judicial declaration once period has elapsed
2. 60 days (CA)
3. Unless directed by the court (SC) like a preliminary injunction, it has no
period
Can you serve a writ outside judicial district? No effect.
65
Limitless Potentials v. CA purpose of injunction bond
Duty of main court where principal action is pending : Decide within 6 months
is commenced or terminated. There are vital facts that have yet to be presented during the
trial which may not be obtained or presented during the hearing on the application for the
injunctive writ. The trial court needs to conduct substantial proceedings in order to put the
main controversy to rest. It does not necessarily proceed that when a writ of preliminary
injunction is issued, a final injunction will follow.
64
In applications for preliminary injunction, the dual requirement of prior notice and hearing
before injunction may issue has been relaxed to the point that not all petitions for preliminary
injunction need undergo a trial-type hearing, it being doctrinal that a formal or trial-type
hearing is not, at all times and in all instances, essential to due process.
65
The injunction bond insures with all practicable certainty that the defendant may sustain no
ultimate loss in the event that the injunction could finally be dissolved. The party against whom
the injunction is directed has a right of recourse against either the applicant or his surety or
against both. Attorneys fees, litigation costs, and costs of delay can be recovered from the
injunction bond as long as it can be shown that said expenses were sustained by the party
seeking recovery by reason of the writ of preliminary injunction, which was later on determined
as not to have been validly issued and that the party who applied for the said writ was not
entitled thereto.
31
Dissolution of injunction determination that writ was irregularly issued (Aquino

66
v. Socorro)
67
Garcia v. Adeva (2007) posting of a bond is a condition sine qua non
Do you need a bond for TRO? Court can require issuance of a bond.
68
Borromeo v. CA (2008) parties stipulated that mortgagee is authorized to
foreclose. Here, issuance of injunction was improper because it defeats any
future claim.
2007 SC Circular (Injunction/TRO on Extrajudicial Foreclosure)
1. Mere allegation without actual payment is not sufficient basis
2. Mere allegation that interest in unconscionable is not sufficient UNLESS legal
interest is paid.
3.
66
Malice or lack of good faith is not an element of recovery on the bond. The dissolution of the
injunction, even if the injunction was obtained in good faith, amounts to a determination that
the injunction was wrongfully obtained and a right of action on the injunction bond
immediately accrues. Thus, for the purpose of recovery upon the injunction bond, the
dissolution of the injunction because of petitioners main cause of action provides the
actionable wrong for the purpose of recovery upon the bond.
67
A preliminary injunction or TRO may be granted only when, among others, the applicant,
unless exempted by the court, files with the court where the action or proceeding is pending, a
bond executed to the party or person enjoined, in an amount to be fixed by the court, to the
effect that the applicant will pay such party or person all damages which he may sustain by
reason of the injunction or TRO if the court should finally decide that the applicant was not
entitled thereto. Upon approval of the requisite bond, a writ of preliminary injunction shall be
issued. It has been ruled that the posting of a bond is a condition sine qua non in order that the
writ of preliminary injunction may issue.
68
In several cases the Court denied the application for a Writ of Preliminary Injunction that
would enjoin an extrajudicial foreclosure of a mortgage, and declared that foreclosure is proper
when the debtors are in default of the payment of their obligation. Where the parties
stipulated in their credit agreements, mortgage contracts and promissory notes that the
mortgagee is authorized to foreclose the mortgaged properties in case of default by the
mortgagors, the mortgagee has a clear right to foreclosure in case of default, making the
issuance of a Writ of Preliminary Injunction improper. However, the doctrine in these cases is
not applicable to the case at bar where the identity of the creditor-mortgagor is highly
disputable. This Court emphasizes that the determination of who is the creditor-mortgagee is
only for purposes of determining the propriety of issuing a writ of preliminary injunction, based
on the evidence presented before the hearing for the issuance of a preliminary injunction. It
will not bar the RTC from making its own determination as to who is the true creditormortgagee after trial and presentation of evidence on the main case. To establish the essential
requisites for a preliminary injunction, the evidence submitted by the plaintiff need not be
conclusive and complete. The plaintiffs are only required to show that they have an ostensible
right to the final relief prayed for in their complaint.
Status quo order is not a preliminary injunction. Requirements of preliminary

injunction/TRO applicable. (Special requirement!)
o Can be issued without a bond
o With no fixed term
69
Nisce v. Equitable Bank
Procedure:
1. 72-hour TRO
o Complaint + Preliminary injunction/TRO filed in court
o Grant TRO
o Go to sheriff
TRO has no value until served with summons
st
o 1 day: Summons + complaint + TRO + notice of raffle
Served to party
Know your periods! (ex. Not apply when Thurs; ideally, file on a
Monday)
Once summons is served, 72 hours start running,
This is the only provisional remedy with a notice of raffle.
Historically, there were suspicions of corruption.
nd
o 2 day: Raffle
o Last day: Hearing
Present witnesses
Hope the judge extends it for 20 days (plus 17 days to 72 hour TRO)
2. 20-day TRO
o File complaint
o Schedule for raffle
o Summons + complaint + notice of raffle (from executive judge)
o Assigned judge immediately conducts a summary hearing
o Issue TRO (20 days)
There should still be a hearing on whether or not an injunction will
be issued.
It is left to the sound discretion and scrutiny of the courts. There are
some laws that prohibit the issuance of a TRO. (Ex. Government
projects, intra-corporate disputes)
Denial or grant of a TRO is an interlocutory order. Remedy: MR,
certiorari under rule 65
If you get 20 days, count it to the hour and minute.
69
Findings of the trial court granting or denying a petition for a writ of preliminary injunction
based on the evidence on record are merely provisional until after the trial on the merits of the
case shall have been concluded.
32
Discharge of injunction:
1. Insufficiency of bond is ground to deny, not dissolve
2. Post counterbond
o Right of applicant can be protected against whom injunction was issued
o Counterbond + Sufficient cause (damage suffered is greater)
Rule 59
Receivership to preserve property from being wasted or dissipated (rule 39, sec.
41)
Only provisional remedy you can apply for even after judgment has become final
and executory. (See Rule 39, Sec. 41)
Citibank v. CA requirement of oath and bond before receiver is placed on duty
Grounds (MEMORIZE Sec. 1):
1. Property in danger of being removed or destroyed
2. Mortgage agreement and there is a stipulation, or property used as security
for the mortgage is insufficient
3. After judgment
4. Any other purposes court may find convenient
Kinds of bond:
1. Bond of applicant
2. Bond of receiver (to faithfully comply with his duties)
How to dissolve:
1. No cause for continuation
2. Counterbond
Rule 60
Replevin not an action; principal action is for recovery of possession
Can only be issued against the particular property described in the application
MEMORIZE: Contents of affidavit
1. Registered owner or lawful possessor
o Ex. Contract for lease between rental company and bank for the
purchase of 50 cars. Issued in the name of the bank then lease to rental
company. After full payment, straight deed of sale for rental company. If
anything happened to cars when no full payment has been made, rental
company can sue as lawful possessor.
2. Not subject of levy, distraint, attachment, etc.
3. Unlawful deprivation
o If deprivation is lawful (ex. Assessment, levy, custodia legis), cannot be
subject of replevin.
4. Market value of the property
o Dictate the value of the bond

o Only provisional remedy where bond is double the value
When can you apply: Anytime before answer.
Can you quash a writ of replevin? YES.
1. Post counterbond if you want to regain immediate custody or possession
2. Attack sufficiency of replevin or main action but not obtain immediate
release
Can a property subject of a criminal case or held as evidence be a subject of
replevin? NO, since property is in custodia legis. Superlines Transpo v. PNCC (28
March 2007)
o To be subject of replevin, deprivation must be illegal or unlawful.
o But property subject of case alone does not mean property is in custodia
legis.
o In custody + Lawful deprivation
Only provisional remedy where the bond is double the value.
Replevin v. Attachment
o Replevin: Personal property is the subject of the action; After service of the
writ, sheriff takes possession of the property and delivers it to the applicant.
o Attachment: Real/personal property is attached to secure judgment; After
service of the writ, sheriff takes the property which remains in custody of the
court (for personal property) or annotate the title (real property)
DBP v. Guingon replevin is inefficacious because officer has no authority to
issue bond
Danao v. Ginete Can you seize a motor vehicle under the custody of another
court? NO, its under lawful process of the court.
Dagudag v. Pedarranga (2009) can goods under the custody of an agency of the
government (forestry) be subject of replevin? NO.
Rule 61
Important provisions: Secs. 4,5,6,7
Only provisional remedy that does not require a bond.
Theres no damages in support. Only reimbursement.
Though an interlocutory order, can be a basis of a writ of execution
If refuse to comply, court could issue a writ of execution.
For as long the case is pending, avail remedy in the same action. If there is
already a judgment, recover in a separate action. (Sec. 7)
Sec.6 (offspring in a criminal case)
o DNA Evidence : If results say you are not the father, it is conclusive. If results
below 99.9% say you are the father, it is merely corroborative. If results
99.9% and above say you are the father, it is merely disputable.
33

o
A believed he was the father of B. He paid for Bs support. Later on, A learned
that he is not the father. What is his remedy? If the action is still pending, he
can apply for reimbursement in the same action. If not, he must apply for
reimbursement in a separate action.
Special Civil Actions
Primary application of rules. In case of inadequate provisions (like Rule 62), use
rules for ordinary procedure.
If filing of a counterclaim is allowed in the SCA, then there can also be execution.
Rule 62
There is no pending case. (Ex. 2 warehouse receipts reach warehouse man. Sue
both oppositors)
Who can file:
1. Person who has an interest not in conflict with claiming parties
2. Person who has no interest on the subject matter
Ex. Insurance policy is claimed by 2 ladies both claiming to be the legal spouse of
the decedent.
Who will pay filing fees? Applicant will advance. This will become a lien on the
judgment award.
Areza v. Diaz can there be a counterclaim in an action for interpleader? YES.
Rule 63
Almeda v. Bagcala (2008) requisites of a declaratory relief:

1. Subject matter is a will, contract or any written instrument
2. Terms are doubtful and requires judicial construction
3. No breach of document
4. Actual or justiciable controversy
5. Ripe for judicial determination
6. Adequate relief is not available
The very purpose of the declaratory relief is for interpretation and
validity. Not constitutionality.
If while the case is pending, breach happens, the SCA is converted into
OCA. But you still need to pay filing fees after the conversion.
MEMORIZE Section 1.
70
Liga ng Barangay v. Atienza - venue is RTC
If there is an allegation of constitutionality, can it be filed in the SC?

Panganiban v. Pilipinas Shell
Is the court obligated to take jurisdiction? NO. Reasonable discretion.
Declaratory relief should be dismissed if there is a pending action for
unlawful detainer. (Teodoro v. Del Sol) But there are exceptions.
Malana v. Tapa (2009) declaratory relief is a practical remedy when
another relief is not yet immediately available.
Similar remedies:
1. Removal of cloud there should be what appears to be a true or
apparent title (ex. Extrajudicial partition)
2. Quiet title
3. Consolidate ownership pacto de retro sale
4. Reformation of instrument
o Conform with the intent of the agreement
o Can you reform without an agreement? NO.
o Ex. A sells Batangas property to B. B thought he was buying the
Bulacan property. No meeting of the minds.
o There should be mutual mistake.
TAKE NOTE: Velarde v. Social Justice Secretary71
Can there be execution? NO, because no counterclaim is permitted. (DBM
v. Filinvest (2007))
Rule 64
1. It is a petition for certiorari title
2. Period: within 30 days. Not extendible.
o Can it be interrupted? YES, by MR/MNT allowed in the agency where the
action originated.
3. Limited application: Only decisions of COMELEC and COA
4. Can only be filed in the SC
Not an appeal; Still a mode of review
70
SCs original jurisdiction to issue a writ of certiorari is not exclusive, but is concurrent with the
RTC and CA. A direct invocation of the SCs original jurisdiction to issue these writs should be
allowed only when there are special and important reasons therefor.
71
: A justiciable controversy refers to an existing case or controversy that is appropriate or ripe
for judicial determination, not one that is conjectural or merely anticipatory. Sheer speculation
does not give rise to an actionable right
34
Same requirement as Rule 43 + Comment

Attachment should be certified true copies
Rule 65
No appeal/speedy remedy + GADALEJ
TAKE NOTE:
1. Certiorari is used in quasi-judicial and judicial acts. Does not include
ministerial acts.
2. Prohibition for judicial, quasi-judicial, ministerial act
o Injunction can apply in any case.
o Ultimate relief: To prohibit/stop from enforcing act
3. Mandamus could work against a ministerial act
o There should be a law that enjoins the act.
o Ex. Cannot compel the prosecutor to file an information or the labor
arbiter to conduct a hearing.
o Can you compel a person to comply with a private contract? NO. File
action for specific performance, not mandamus.
Can you extend filing for petition for certiorari? The Code is silent. Old Code
provides extension of 15 days, but this was removed in the 1997 Rules. In Sirs
opinion, no extension may be granted.
Rule 66
Instituted by:
1. Government (Sec. 1)
2. Aggrieved party in his own name (Sec. 5)
Grounds:
1. Person usurps public office
2. Act deemed forfeited office
3. Association without juridical entity
How to initiate:
1. SolGen directed by President
2. SolGen is convinced by sufficiency of complaint
3. Upon the relation of another person (relator)
o Seek permission from the court first
Special rule on venue: Place where respondent resides
Rule 67
There must be no breach.
Original jurisdiction: RTC, regardless of amount.
Taking must be for a public purpose.
Example of private purpose: Ordinance for a particular homeowners

association
Subject is personal or real property.
Stages:
1. Expropriation ex. Case subject to multiple appeals
2. Just compensation 3 disinterested commissioners (Rule 32); FMV
Upon receipt of order of expropriation, appeal or else it becomes final and
executory.
File manifestation and appearance = no objection; File answer = if object
Counterclaim, crossclaim prohibited
Can applicant still withdraw complaint for expropriation? YES, before issuance of
72
order of expropriation. (NHA v. Guivelondo)
Government pays for monetary damages.
Petitioner government can take initial possession of property
Bond filed:
o Real assessed value
o Personal amount determined by the court UNLESS property which has
been immobilized
Rule 68
Act 3135 (Extrajudicial foreclosure)
Judicial foreclosure:
o Complaint (outstanding obligation and security is due and remains unpaid)
Need decision from the court
Extrajudicial foreclosure:
o Petition for extrajudicial foreclosure before the clerk of court headed by an
executive judge. As long as there is notice and hearing, there would be a
public auction. Its faster and less hassle so its the ideal mode.
REMEMBER:
1. Decision in court
o Failure to pay amount specified = foreclosure
o Redemption : equity of redemption (not less than 90 days but not more
than 120 days)
o If not provision of law that provides for a period, apply equity of
redemption.
72
An order of condemnation or dismissal is final, resolving the question of whether or not the
plaintiff has properly and legally exercised its power of eminent domain. Once the first order
becomes final and no appeal thereto is taken, the authority to expropriate and its public use
can no longer be questioned.
35

2.
3.
4.
Possession of property is with the mortgagor.

o Entitled to rents
o Cannot change nature of property
Extrajudicial
o Auction sale = possession is with the mortgagor
o Redemption is within 1 year
o Mortgagor is entitled to the profits
o If purchaser wants to take possession of the property, post a bond.
o If you want to contest auction sale, file injunction case before the
auction sale. If the auction sale is already completed, file a motion to
annul auction sale.
Banking law
(1) Lender: bank (mortgagee); Borrower: individual (mortgagor)
o Whether judicial or extrajudicial foreclosure, after the auction sale,
possession of property is with the purchaser.
o Issuance of writ of possession is merely ministerial.
o Purchaser is entitled to profits.
o If mortgagor wants to retain possession of the property, post a
bond.
o Redemption period is 1 year.
(2) Lender: bank (mortgagee); Borrower: juridical entity (mortgagor)
o Only extrajudicial foreclosure
o After auction sale, possession is with the mortgagee.
o Redemption period starts from the registration of the certificate of
sale or 90 days, whichever comes first (REMEMBER!!)
Rule 69
Only judicial partition.
Compare with Rule 84 (Extrajudicial partition)
Only existing co-ownership by reason of any kind (contract, law, etc)
Stages:
1. Determination of co-ownership
2. Partition
There must be no breach.
Once answer is filed, set for pre-trial.
No need for commissioners if parties already agree.
Ex. Not implead a co-owner. (Sec. 13) paramount rights cannot be prejudiced;
Co-owner can claim his right through a petition for relief from judgment; If heir,
publication is effective notice; If not an heir, file an annulment of judgment.
Rule 70
Summary Procedure
Can MTC pass upon issue of ownership? YES if incident to possession.
Exclusive jurisdiction is with the MTC.
Instituted in a period not exceeding 1 year.
o This is not a prescriptive period.
o After 1 year accion publiciana/interdictal (not reinvindicatoria)
Requirements on allegations:
1. Unlawful detainer : demand is important (Sec. 2)
o Pay AND vacate; comply AND vacate
o Defective demand letter will cause dismissal of the case
2. Forcible entry
o (1) prior physical possession; (2) Force, intimidation, stealth, strategy,
threats
o No need for demand letter
Appeal
o Ordinary appeal to MTC that render decision (notice of appeal)
o MR before appeal? NO. (REMEMBER THIS)
o Can you stay execution? NO, decision is immediately executory. File appeal
within reglementary period, and execution is stayed in abeyance.
o Supersedeas bond bond to cover unpaid rentals from failure to pay till final
judgment
o If defendant can no longer pay? Not defeat appeal. Compelled to surrender
possession of the property.
o Benedicto case able to obtain injunction in CA, stays decision
TAKE NOTE: Prohibited pleadings
Preliminary/mandatory injunction can be issued in the MTC within 5 days from
filling of the complaint (REMEMBER, not 10 days)
o Can still apply in the RTC; 10 days from perfection of appeal
Rule 71
Contempt disrespect, disobedience to order of court
Penalty is imprisonment to fine
Direct contempt in the presence or so near a court/judge.
o Summary (no notice or hearing)
o Ex. not wearing tie, dont want to swear under oath, not answer
Indirect contempt violation of writ, order, process of court
o Grounds (Sec. 3)
o How do you initiate (Sec. 4)
(1) Verified petition filed and docketed separately + CNFS
36
(2) Judge motu proprio based on judges knowledge

o Now, a party can no longer file a motion to declare in indirect contempt
Remedy: Rule 65 (direct), appeal (indirect)
REMEMBER: Penalty!
Administrative contempt : check rules of quasi-judicial agency. If rules provide for
contempt, apply administrative rules. If rules does not provide for contempt,
apply rules of court.
Venue : RTC where contemptuous act was committed.

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1

CLASS NOTES UNDER ATTY. SALVADOR

An action for recovery of possession is not necessarily an ejectment case.

MTC has a number of procedures:

Take note of the Constitutional provision on SC Jurisdiction.

REMEMBER: The only way to go up to the SC is through a petition for review on

Jurisdiction over the subject matter

Jurisdiction over the person

| ATENEO LAW 4A 2011

CLASS NOTES UNDER ATTY. SALVADOR

Proton Philippines v. Banque If ripened during the pendency of the action,

| ATENEO LAW 4A 2011

CLASS NOTES UNDER ATTY. SALVADOR

In enforcement, you file an original complaint but no need to relitigate (UNLESS

Arbitral award v. Foreign judgment

Effectivity of Rules of Civil Procedure: 1 July 1997

Kinds of actions: (MEMORIZE)

Requisites of a cause of action (COA).

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CLASS NOTES UNDER ATTY. SALVADOR

Totality rule total of all the sums can be joined

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CLASS NOTES UNDER ATTY. SALVADOR

Co-owners are all indispensable parties.

Joint Obligation v. Solidary Obligation

There is no successful substitution if no unity between duty of cunsel

Death in a contractual sum of money case (Sec. 20)

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CLASS NOTES UNDER ATTY. SALVADOR

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CLASS NOTES UNDER ATTY. SALVADOR

Rules 6-8 (Pleadings)

Bringing new parties

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CLASS NOTES UNDER ATTY. SALVADOR

REPUBLIC OF THE PHILIPPINES

I, John Gregorio, of legal age, residing

FIRST CAUSE OF ACTION

How it looks like:

Complaint : Plaintiff v. Defendant

GRACE XAVIERE E. ESCOSIA

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CLASS NOTES UNDER ATTY. SALVADOR

GR: Objections/grounds not raised are deemed waived.

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CLASS NOTES UNDER ATTY. SALVADOR

Partial default there is no judgment yet

Reference: When answer is filed

To remember: Example is panlalait. maganda siya kaya lang pangit damit

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CLASS NOTES UNDER ATTY. SALVADOR

Denial of motion for bill of particulars is interlocutory.

No ordinary mail because there is no

Sec. 9 court can order service

Applies to all EXCEPT summons (rule 14)

Affidavit and registry receipt

Remember Pascual v. Pascual citing Manotoc v. CA. Requirements to effect a

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CLASS NOTES UNDER ATTY. SALVADOR

reasonable period [of one month] which eventually resulted in failure to

How many times served? At least 3 times on 2 different occasions (Manotoc

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CLASS NOTES UNDER ATTY. SALVADOR

If a foreign corporation does business in the Philippines with the