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BAR OPERATIONS 2019 JORGE ALFONSO C. MELO Bar Review Coordinator LEILA S. LIM Bar Review

BAR OPERATIONS 2019

JORGE ALFONSO C. MELO

Bar Review Coordinator

LEILA S. LIM

Bar Review Secretariat

ATENEO CENTRAL BAR OPERATIONS

PATRICK EDWARD BALISONG

Chairman

KATRINA Y. COSCOLLUELA GENICA THERESE ENDALUZ

Administration Committee Heads

JONATHAN VICTOR NOEL JOHN STEPHEN PANGILINAN

Academics Committee Heads

CZARINA CHER CUERPO BENIGNO ENCISO

Hotel Operations Committee Heads

JUDGE JAIME FORTUNATO A. CARINGAL ATTY. JORGE ALFONSO C. MELO ATTY. STEPHEN GEORGE S.D. AQUINO ATTY. RONALD C. CHUA ATTY. EUGENIO H. VILLAREAL

REMEDIAL LAW Faculty Advisers

MICHELLE KRISTINE ANTE JERRY SANTOS JR MEGAN MARCOS ROSEL RICA VALLE BIANA ISABEL SORIANO MA. REGINE CALLUENG MAYUMI GLOR MATSUMURA JENNiSE ANN SEE PETER PAOLO DIM III

REMEDIAL LAW Subject Heads

EUNICE A. MALAYO FRANCES CHRISTINE F. SAYSON

Central Bar Operations Academics Understudies

JAAMES ERWIN VELASCO ANDREA DE VERA TOPHER BALAGTAS ABIGAYLE RECIO HAZEL ORTEGA

GIA MORDENO GERARD ANDRE BARRON JOSE DA SILVA CHRISTIAN CANDELARIA LEIGH NUFUAR

ICA SALAZAR DEBBIE YRREVERRE NICOLE VELANDRES GABBI SUNGCAD ERVIN HILADO

MARIA ANGELICA TORIO MYREEN RAGINIO PATRICIA DOLATRE ALIJA PANDAPATAN

REYNALEIGH DELOS REYES HAZEL ORTEGA MIKKI DOROJA CHOOGEE GUERRERO JAY-EM CUNTAPAY

REMEDIAL LAW Volunteers

MARK SY ENRIQUE LOPEZ III WENDELL LAXAMANA CHLOE NU~NEZ

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BAR OPERATIONS 2019

REMEDIAL LAW

I. GENERAL PRINCIPLES IN REMEDIAL LAW

appropriate courts (Santiago v. Vasquez, G.R. Nos. 99289-90, 1993).

Q: What is remedial law? A: It is a branch of law that prescribes the methods of enforcing rights and obligations created by substantive law. (Bustos vs. Judge Lucero, G.R. No. L-2068, 1948)

Q: Compare substantive and remedial law. A:

SUBSTANTIVE LAW

Creates, defines and regulates rights and duties concerning life, liberty or property which when violated gives rise to a cause of action.

REMEDIAL LAW

Prescribes the methods of enforcing rights and obligations created by substantive law. It provides a procedural system for obtaining redress for the invasion of rights and violations of duties. It also prescribes rules as to how suits are filed, tried and decided upon by the courts. (Bustos vs. Lucero, G.R. No. L-2068, 1948)

Q: What are the limitations on the rule-making power of the Supreme Court under the Constitution? A:

a. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases;

b. The rules shall be uniform for courts of the same grade; and

c. The rules shall not diminish, increase, or modify substantive rights (Phil. Const, art. VIII, § 5.)

Q: What is the doctrine of hierarchy of courts? A: The judicial system follows a ladderized scheme which in essence requires the lower courts to initially decide on a case before it is considered by a higher court.

A higher court will not entertain direct resort to it

unless the

redress cannot

be obtained

in

the

A direct invocation of the Supreme Court’s original

jurisdiction to issue this writ should be allowed only when there are special and important reasons, clearly and specifically set out in the petition. (Republic v. Caguioa, G.R. No. 174385, 2013)

Q: What is the exhaustion of administrative remedies? A: The general rule is that before a party may seek the intervention of the court, he should first avail of all the means afforded him by administrative processes. The issues which administrative agencies are authorized to decide should not be summarily taken from them and submitted to a court without first giving such administrative agency the opportunity to dispose of the same after due deliberation. (Addition Hills v. Megaworld, G.R. No. 175039, 2012 citing Republic v. Lacap, G.R. No. 158253, 2007)

Q: What is the doctrine of judicial hierarchy? A: The judicial hierarchy of courts generally applies to cases involving warring factual allegations. For this reason, litigants are required to repair to the trial courts at the first instance to determine the truth or falsity of these contending allegations on the basis of the evidence of the parties. Cases which depend on disputed facts for decision cannot be brought immediately before appellate courts as they are not triers of facts.

Be that as it may, it is not an iron clad rule. A strict application of the rule of hierarchy of courts is not necessary when the cases brought before the appellate courts do not involve factual but legal questions. (Mangaliag v. Catubig-Pastoral, G.R. No. 143951,2005)

Q: What is the doctrine of judicial non­ interference? A: The doctrine of judicial stability or non­

interference in the regular orders or judgments of

a co-equal court is an elementary principle in the

administration of justice: no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. The rationale for the rule is founded on the concept of jurisdiction: a court that acquires jurisdiction over

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the case and renders judgment therein has jurisdiction over its judgment, to the exclusion of all other coordinate courts, for its execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers acting in connection with this judgment. (Cabili v. Balindong, A.M. No. RTJ-10-2225, 2011).

II. GENERAL PRINCIPLES ON JURISDICTION

Q: Distinguish

between general and special

jurisdiction.

A:

GENERAL The power of the court to adjudicate ail controversies except those expressly withheld from the plenary powers of the court. It extends to all controversies which may be brought before a court within the legal bounds of rights and remedies

SPECIAL

One which restricts the court's jurisdiction only to particular cases and subject to such limitations as may be provided by the governing law. It is confined to particular causes, or which can be exercised only under the limitations and circumstances prescribed by the

statute

Q: Distinguish between original and appellate jurisdiction. A:

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

APPELLATE The power and authority conferred upon a superior court to rehear and determine causes which have been tried

in lower courts, the cognizance which a superior court takes of

a case removed to it,

by appeal or writ of error, from the decision of a lower court, or the review by

a superior court of the final judgment or

REMEDIAL LAW

order of some lower courts.

Q:

concurrent jurisdiction. A:

Distinguish

between

exclusive

and

EXCLUSIVE It is the power or authority of the court to hear and determine cases to the exclusion of all other courts

CONCURRENT It is the power conferred upon different courts, whether of the same or different ranks, to take cognizance at the same stage of the same case in the same or different judicial territories

1

Q:

What

are

the

other

classifications

of

jurisdiction?

A:

a.

Exclusive Original - The power of the court to take judicial cognizance of a case instituted for judicial action for the first time under the conditions provided by law, and to the exclusion of all other courts

b.

Delegated - The grant of authority to inferior courts to hear and determine cadastral and land registration cases under certain conditions

c.

Territorial - It is the power and authority to exercise its power within its territorial region (Tan, Civil Procedure Book I: A Guide for the Bench and the Bar, 2017, pp. 99-104)

Q: What is the doctrine of hierarchy of courts? A: The judicial system follows a ladderized scheme which in essence requires the lower courts to initially decide on a case before it is considered by a higher court.

A higher court will not entertain direct resort to it unless the redress cannot be obtained in the appropriate courts (Santiago v. Vasquez, G.R. Nos. 99289-90, 1993).

A direct invocation of the Supreme Court’s original jurisdiction to issue this writ should be allowed only when there are special and important reasons, clearly and specifically set out in the petition.

(Republic v. Caguioa, G.R. No. 174385, 2013)

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Q: What is the doctrine of adherence of jurisdiction? A: Once jurisdiction has attached, it cannot be ousted by subsequent happenings or events, although the event is of such character which would have prevented jurisdiction from attaching in the first instance. Once jurisdiction has been acquired by the court, it retains that jurisdiction until it finally disposes of the case (Baritua v. Mercader, G.R. No. 136048, 2001).

Q: How is jurisdiction over the plaintiff acquired? A: Jurisdiction over the person of the plaintiff is acquired by the filing of the initiatory pleading, such as a complaint (De Joya v. Marquez, G.R. No. 162416, 2006).

Q: How is jurisdiction over the subject matter acquired? A: Jurisdiction of the Court over the subject matter is conferred by law and determined by the allegations in the complaint (Ursua vs. RP, GR No. 178193, 2012)

Q: How is jurisdiction over the issues acquired? A: It is acquired or conferred by the pleadings (De Joya v. Marquez, G.R. No. 162416, 2006).

Q: How is jurisdiction over the res or property acquired?

A: It is acquired by the seizure of the thing under legal process or it may result from the institution of legal proceedings (De Joya v. Marquez, G.R. No. 162416, 2006).

Q: Compare venue and jurisdiction. A:

JURISDICTION

Authority to hear and determine a case

A matter

substantive law

of

Establishes a relation between the court and the subject matter

Fixed

cannot be conferred by the parties

and

by

law

Lack of jurisdiction over the subject matter is a ground for a motu proprio dismissal

Cannot be waived

REMEDIAL LAW

VENUE

Place where the case

is to be heard or tried

A matter of procedural law

Establishes a relation between plaintiff and defendant, or petitioner and respondent

May be conferred by the act or agreement of the parties (e.g. a contractual stipulation can contain the following: “In case of dispute arising from this contract, a party shall file a suit exclusively with the Regional Trial Court of Pasig City”) (Nocum v. Tan, G.R. No. 145022,

2005)

Not a ground for a motu proprio dismissal (except in cases subject to Summary Procedure)

May be waived only in civil cases. In criminal cases, venue is jurisdictional (Nocum v. Tan, G.R. No. 145022, 2005, Dacoycoy v. IAC, G.R. No. 74854, 1991)

Q:

improperly laid?

A: In civil proceedings, venue is procedural, not

What

happens

when

the

venue

is

jurisdictional,

and

it

may

be

waived

by

the

defendant if not seasonably raised either in a motion to dismiss or in the answer (BPI Family Savings Bank, Inc. v. Yujuico, G.R. No. 175796,

2015).

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REMEDIAL LAW

Q:

where the complaint assails the validity of the written instrument? A: No. In cases where the complaint assails only the terms, conditions, and/or coverage of a written instrument and not its validity, the exclusive venue stipulation contained therein shall still be binding on the parties, and thus, the complaint may be properly dismissed on the ground of improper venue. However, if the complaint assailis the validity of the written instrument itself, the parties should not be bound by the exclusive venue stipulation contained therein. It would be inherently

inconsistent for a complaint of this nature to recognize the exclusive venue stipulation when it, in fact, precisely assails the validity of the instrument in which such stipulation is contained (Briones v. CA, G.R. No. 204444, 2015).

Does

exclusive

venue

stipulation

apply

Q:

pecuniary estimation? A:

What

are

some

actions

incapable

of

1. Actions for specific performance;

2. Actions for support which will require the determination of the civil status;

3. The right to support of the plaintiff;

4. Those for the annulment of decisions of lower courts;

rescission

5. Those

of

for the

or

reformation

contracts;

6. Interpretation of a contractual stipulation (Heirs of Bautista v. Undo, G.R. No. 108232, 2014).

Q: X filed a complaint to enforce his right granted by law to recover the lot subject of free patent. Which court has jurisdiction over the complaint? A: RTC. The action is for specific performance; hence, incapable of pecuniary estimation and is cognizable by the RTC. Although the selling price is less than PHP 20,000, the RTC still has jurisdiction because the repurchase of the lots is only incidental to the exercise of the right to redeem. The reconveyance of the title to petitioners is not the principal or main relief or remedy sought (Heirs of Bautista v. Undo G.R. No. 208232, 2014).

Q: What is the nature of an action to recover deficiency on the extrajudicial foreclosure? A: It is a personal action for it does not affect title to or possession of real property, or any interest

therein (BPi Savings Bank v. Spouses Benedicio, G.R. No. 175796, 2015).

Q: M filed before the DENR two Townsite Sales Applications. Upon his death, his applications were transferred to his heirs, X. N executed a deed of transfer of rights, transferring his hereditary share in the property covered by TSA No. 123 to Sps Y and Z. Sometime thereafter, an OCT was issued in favor of X. X filed before the RTC a Complaint or Recovery of Possession of Real Property against Y and Z. X allege that they are the true owners of the parcel of land that Y and Z’s TSA encroach upon the subject property.

RTC ruled in favor of X, but CA reversed the decision on the ground of lack of jurisdiction. Did RTC acquire jurisdiction over the complaint? A: No. The Court held that in an action for recovery of possession, the assessed value of the property sought to be recovered determines the court’s jurisdiction. In this case, for the RTC to exercise jurisdiction, the assessed value of the subject property must exceed P20,000.00. Since X failed to allege in their Complaint the assessed value of the subject property, the CA correctly dismissed the Complaint as petitioners failed to establish that the RTC had jurisdiction over it. In fact, since the assessed value of the property was not alleged, it cannot be determined which trial court had original and exclusive jurisdiction over the case. In an action to recover, the property must be identified. The plaintiff, therefore, is duty-bound to clearly identify the land sought to be recovered, in accordance with the title on which he anchors his right of ownership. In this case, X failed to identify the property they seek to recover as they failed to describe the location, the area, as well as the boundaries thereof. (Heirs of Julao v Alejandro, G.R. No. 176020, September 29, 2014)

Q: Which is the basis in determining which court has jurisdiction over a complaint for accion publiciana? A: It depends on the assessed value of the property sought to be recovered (Supapo v. Sps. de Jesus, G.R. No. 198356, 2015).

Q: The case is for the declaration of the nullity of a contract of loan and its accompanying continuing surety agreement, and the real estate and chattel mortgages. What is the nature of the action? Where should it be filed?

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REMEDIAL LAW

A: It is a personal action; under Section 2, Rule 4 of the Rules of Court, the venue of a personal action is the place where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff, for which reason the action is considered a TRANSITORY one. Unlike a real action, where it has to be commenced and tried in the proper court having jurisdiction over the area wherein the real property involved, or a portion thereof is situated, which explains why the action is also referred to as a LOCAL action (BPI v. Hontanosas, G.R. No. 15761325, 2014)

Q: How is jurisdiction of the court determined? A:

General Rule: The jurisdiction of the court is determined by the statute in force at the time of the commencement of the action. (Narra Nickel Mining v. Redmont, G.R. No. 195580, 2014)

Exception: Unless such statute provides for its retroactive application, as where it is a curative legislation. (Atlas Fertilizer v. Navarro, G.R. No. 72074, 1987) The courts acquire jurisdiction over a case only upon payment of the prescribed docket fee. (Pacific Redhouse Corp v. EIB Securities, G.R. No. 184036, 2010)

When several courts have concurrent jurisdiction, the first court which acquires jurisdiction retains it to the exclusion of the others. (Nenaria v. Veluz, G.R. No. L-4683, 1952)

Q: Which cases are covered by Barangay

Conciliation? A: All disputes are subject to Barangay conciliation and prior recourse thereto is a pre-condition before filing a complaint in court or any government offices, except in the following disputes:

1. Where one party is the government, or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;

3. Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their

difference to amicable settlement by an appropriate Lupon;

4. Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to Barangay conciliation proceedings either as

complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);

5. Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;

6. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos

(P5,000.00);

7. Offenses where there is no private offended party;

8. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following:

a. Criminal cases where accused is under police custody or detention (See Sec. 412 (b)(1), Revised Katarungang Pambarangay Law);

b. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of his liberty or one acting in his behalf;

c. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; and

d. Actions which may be barred by the Statute of Limitations.

9. Any class of disputes which the President may

determine in the interest of justice or upon the recommendation of the Secretary of Justice; 10.Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Secs. 46 & 47, R.A. 6657); 11. Labor disputes or controversies arising from employer-employee relations (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment);

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12.Actions to annul judgment upon a compromise, which may be filed directly in court (See Sanchez vs. Tupaz, 158 SCRA 459). (Guidelines on Katarungang Pambarangay Conciliation Procedure, Supreme Court Administrative Circular No. 14-93, 1993)

Q: What cases are covered by small claims? Which court has jurisdiction over these cases? A: Actions before the MeTCs, MTCCs, MTCs and MTCTs for payment of money where the value of the claim does not exceed the jurisdictional amount of these court under RA No 76991 (Php 400,000.00 for the MeTCs and Php 300,000.00 for the MTCCs, MTCs and MCTCs), exclusive of interest and costs. (OCA Circular No 45-2019, effective on 1 April 2019)

Q: What cases are covered by Summary Procedure? Which court has jurisdiction over these cases? A: Actions in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:

A, Civil Cases:

1 All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty thousand pesos (P20,000.00).

REMEDIAL LAW

2. All other cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed one hundred thousand pesos (P100,000.00) or, two hundred thousand pesos (P200,000.00) in Metropolitan Manila, exclusive of interest and costs.

B. Criminal Cases:

1. Violations of traffic laws, rules and regulations;

2. Violations of the rental law;

3. Violations of municipal or city ordinances;

4. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom: Provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).

This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure. (Revised Rule on Summary Procedure, Resolution of the Court En Banc 1991, 1991)

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III. JURISDICTION OF COURTS

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NOTE: The Jurisdiction tables below are taken from Feriaf , Justice Jose Y. and Atty. Maria Concepcion S. Noche. Civil Procedure Annotated. Vol. 1. 2013 Ed. Quezon City: Central Book Supply, Inc., 2013. 665- 700, updated with jurisprudence and new laws.

1. SUPREME COURT (Feria and Noche, pp.665-668)

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

Petitions for the issuance of writs of certiorari, prohibition and mandamus against:

1. Court of Appeals.

2. Commission on Elections.

3. Commission on Audit.

4. Sandiganbayan

5. Court of Tax Appeals.

ii. Original and Concurrent

1. With the CA

1.

Petitions

for the

mandamus against:

issuance

of writs

of certiorari,

prohibition

and

a. NLRC. [However, the petitions should be filed with the CA based on

hierarchy of courts; otherwise, they shall be dismissed.]

b. CSC.

c. Quasi-Judicial Agencies. [However, the petitions should be filed with

the CA.]

 

d.

RTC and lower courts.

2.

Petitions for the issuance of a writ of kalikasan.

2.

With

the

CA,

SB

and

1.

Petition for writ of amparo.

RTC

2.

Petition for writ of habeas data.

3. With the CA and RTC

1. Petitions for habeas corpus and quo warranto.

2. Petitions

for

the

issuance

of writs

of certiorari,

prohibition

and

mandamus against lower courts or bodies.

4. With the RTC

3. Petitions

for

the

issuance

environmental cases.

of

writ

of

continuing

mandamus

in

Actions affecting ambassadors, other public ministers and consuls.

(b) APPELLATE JURISDICTION

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1- Appeal by Notice of Appeal

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From the RTC or the SB in all criminal cases where the penalty imposed is reclusion perpetua or higher, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion, as that giving rise to the more serious offense, regardless of whether the accused are charged principals, accomplices or accessories, or whether they have been tried jointly or separately.

By appeal, the SC reviews the questions of law and of fact decided by the court a quo.

2. Appeal by Petition for

Review on Certiorari

Appeals from the:

1. Court of Appeals

2. Sandiganbayan - on pure questions of law, except in cases where

the penalty imposed is reclusion perpetua, life imprisonment or death

3. Court of Tax Appeals.

4. Regional Trial Courts - exercising original jurisdiction in the following cases:

a. If no question of fact is involved and the cases involves:

(i)

Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation in question;

(ii)

Legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; or

(iii)

Jurisdiction of lower courts is in issue.

(Note: If, in addition to constitutional, tax, or jurisdictional questions, the cases mentioned in (i), (ii) and (iii) above also involve questions of fact or mixed questions of fact and law, the aggrieved party shall appeal to the CA; and the final judgment or decision of the latter may be reviewed, revised, reversed, modified or affirmed by the SC on writ of certiorari)

b. All cases in which only errors of questions of law are involved.

3. Special Civil Action of

Decision, order or ruling of:

Certiorari within 30 days

1.

Commission on Elections.

2.

Commission on Audit.

2. COURT OF APPEALS (Feria and Noche, pp. 669-672)

(a) ORIGINAL JURISDICTION

Original and Exclusive

Actions for annulment of judgments of the RTC on the grounds of extrinsic fraud and lack of jurisdiction.

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1. With the SC

REMEDIAL LAW

ii. Original and Concurrent

1. Petitions for the issuance of writs of certiorari, prohibition and mandamus against:

a. NLRC. [However, the petitions should be filed with the CA;

otherwise, they shall be dismissed.]

b. CSC.

c. Quasi-Judicial Agencies. [However, the petitions should be filed

with the CA.]

d. RTC and lower courts.

2. Petitions for the issuance of a writ of kalikasan.

2. With

the

SC, SB,

and

1. Petition for writ of amparo.

RTC

2. Petition for writ of habeas data.

3. With the SC and RTC

1. Petitions for habeas corpus and quo warranto.

2. Petitions

for the

issuance

of writs

of certiorari,

prohibition

and

mandamus against lower courts or bodies.

1- Ordinary Appeal by Notice of 2. Appeal or Record on Appeal

3. Petitions

for

the

issuance

environmental cases.

of

writ

of

continuing

i. Exclusive Appellate

Appeals from:

mandamus

in

1. RTC in the exercise of its original jurisdiction, except in all cases where only questions of law are raised or involved, which are appealable to

the SC by petition for review on certiorari in accordance with Rule 45.

2. RTC on constitutional and jurisdictional questions which involve questions of fact.

3. Family Courts.

3. Appeal by Petition for

Review

An appeal may be taken to the CA whether the appeal involves questions of fact, mixed questions of fact and law, or questions of law, in the following cases:

Reaular

1. Appeals from RTC in the exercise of its appellate jurisdiction.

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Special

1. Appeals from CSC.

2. Appeals from Quasi-Judicial Agencies:

a.

Securities and Exchange Commission

b.

Office of the President

c.

Land Registration Authority

d.

Social Security Commission

e.

Civil and Aeronautics Board

f.

Intellectual Property Office

g.

National Electrification Administration

h.

Energy Regulatory Commission

i.

National Telecommunications Commission

j.

Department of Agrarian Reform under RA 6657

k.

Government Service Insurance System

L

Employees Service Insurance System

m.

Insurance Commission

n.

Philippine Atomic Energy Commission

o.

Board of Investments

p.

Construction Industry Arbitration Commission

q.

Voluntary Arbitrators authorized by law

r.

Ombudsman, in administrative disciplinary cases

s.

National Commission on Indigenous Peoples

From the judgments or final orders or resolutions of the CA, the aggrieved party may appeal by certiorari to the SC as provided in Rule 45.

Judgments and final orders of the CTA en banc are now appealable to the SC through a petition for review under Rule 45, pursuant to RA 9282.

3. SANDIGANBAYAN (as amended by Section 4, R.A. 10660, promulgated April 16, 2015)

(a) EXCLUSIVE ORIGINAL

1. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, otherwise known as An Act Declaring Forfeiture in favor of the State any Property Found to have been Unlawfully Acquired by any Public Officer or Employee and Providing for the Proceedings therefor, and Chapter II, Section 2, Title VII, Book ISof the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:

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a. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:

i. Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads:

ii. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department heads;

iii. Officials of the diplomatic service occupying the position of consul and higher;

iv. Philippine army and air force colonels, naval captains, and all officers of higher rank;

v. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent and higher;

vi. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;

vii. Presidents, directors or trustees, or managers of government-owned or controlled

corporations, state universities or educational institutions or foundations. Note: Those specifically mentioned herein (a-g) need not be with a salary grade of 27 or higher to be under the jurisdiction of the Sandiganbayan. finding v. Sandiganbayan, G.R. No. 143047, 2004)

b. Members of Congress and officials thereof classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989;

c. Members of the judiciary without prejudice to the provisions of the Constitution;

d. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and

All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.

Note: In cases where none of the accused are occupying positions corresponding to Salary Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided in Batas Pambansa Big. 129, as amended.

r offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a. of this section in relation to their office.

fense is in relation to the office when:

a. The offense is intimately connected with the office of the offender and perpetrated while he was

in the performance of his official functions

b. The crime cannot exist without the office

c. The office is a constituent element of the crime as defined in the statute

laracter of being “in relation to his office” is absent or is not alleged in the information, the crime committed falls within the exclusive original jurisdiction of ordinary courts and not the Sandiganbayan.

and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,2, 14 and 14-A, issued in 1986.

Note: Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts,

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the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized.

Note: Where the civil action had heretofore been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned.

4. Petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions,

and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. Note that the jurisdiction over these petitions shall not be exclusive of the Supreme Court.

(b) EXCLUSIVE APPELLATE

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of Regional Trial Courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as provided in R.A. 10660.

Note: The procedure prescribed in Batas Pambansa Big. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

4. COURT OF TAX APPEALS

(a) EXCLUSIVE APPELLATE JURISDICTION: BY APPEAL

1.

Decisions from the COMMISSIONER OF INTERNAL REVENUE in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising underthe National Internal Revenue Code (NIRC) or other laws administered by the Bureau of Internal Revenue (BIR).

2.

Inaction by the COMMISSIONER INTERNAL REVENUE

 

in cases involvingdisputed assessments, refunds of internal revenue taxes, fees or other

charges,

penalties

in relation thereto, or other matters

arising under the NIRC or other laws

administered by the BIR, where the NIRC provides a specific period of action, in which case the inaction shall be deemed a denial.

3.

Decisions, orders or resolutions of REGIONAL TRIAL COURTS in local tax cases originally decided or resolved by them in the exercise of their original and appellate jurisdiction.

4.

Decisions of the COMMISSIONER OF CUSTOMS in cases involving liability for custom duties, fees or other money charges, seizure, detention or

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release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs.

5. Decisions of the CENTRAL BOARD OF ASSESSMENT APPEALS in the exercise of its appellate

jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals.

6. Decisions of the SECRETARY OF FINANCE on customs cases elevated to him/her automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code.

7. Decisions of the SECRETARY OF TRADE AND INDUSTRY in the case of non-agricultural product, commodity or article; and

8. Decisions of the SECRETARY OF AGRICULTURE in the case of agricultural product, commodity or article involving dumping and countervailing duties under Sections 301 and 302, respectively, of the Tariff and Customs Code and safeguard measures under the RA 8800, where either party may appeal the decision to impose or not to impose said duties.

1. Exclusive Appellate

Jurisdiction

(b)

CRIMINAL CASES

Criminal cases arising from violations of the:

1. National Internal Revenue Code.

2. Tariff and Customs Code.

3. Other laws administered by the BIR or the Bureau of Customs.

Provided, however, that offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and penalties, claimed in less than P1M or where there is no specified amount claimed shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate.

Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability for taxes and penalties shall be at all times be simultaneously instituted with, and jointly determined in the same proceeding by the CTA, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action will be recognized.

2. Exclusive Appellate

Jurisdiction

1. Over appeals from the judgments, resolutions or orders of the RTC

in tax cases originally decided by them, in their respective territorial jurisdiction.

2. Over petitions for review of the judgments, resolutions or orders of

the RTC in the exercise of their appellate jurisdiction over tax cases originally decided the MeTC, MTC and MCTC in their respective jurisdiction.

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1. Exclusive Original

Jurisdiction

2. Exclusive Appellate

Jurisdiction

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(c) TAX COLLECTION CASES

Cases involving final and executory assessment for taxes, fees, charges and penalties: Provided, however, that collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1M shall be tried by the proper MIC, MeTC and RTC.

In tax collection cases:

1. Over appeals from the judgments, resolutions or orders of the RTC

in tax collection cases originally decided by them, in their respective territorial jurisdiction.

2. Over petitions for review of judgments, resolutions or orders of the

RTC in the exercise of their appellate jurisdiction over tax collection cases originally decided the MeTC, MTC and MCTC in their respective jurisdiction.

5. REGIONAL TRIAL COURTS

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

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1. CIVIL Cases 1. Civil actions in which the subject of litigation is incapable of pecuniary estimation

2. Civil actions which involve the title to, or possession of, REAL

property, or any interest therein, where the assessed value of the property involved exceeds P20K, or P50K if in Metro Manila, except actions forcible entry and unlawful detainer which are cognizable by the MeTC, MTC, MCTC.

3. Actions in admiralty and maritime jurisdiction where the demand or

claim exceeds P300K, or P400K if in Metro Manila.

4. Matters of probate, both testate and intestate, where the gross value

of the estate exceeds P300K, or P400K if in Metro Manila.

5. Cases not within the exclusive jurisdiction of any court, tribunal,

person or body exercising judicial or quasi-judicial functions.

6. Actions involving the contract of marriage and marital relations.

7. Civil actions and special proceedings falling within the exclusive

original jurisdiction of a Juvenile and Domestic Relations Court and of

the Special Agrarian Courts as now provided by law.

8. Other cases in which the demand, exclusive of interest, damages of

whatever kind, attorney’s fees, litigation expenses, and costs or the

value of the property in controversy, exceeds P300k, or P400k if in Metro Manila.

IMPORTANT: If the claim for damages is the main cause of action, the amount thereof shall be considered in determining the jurisdiction of the court.

2. CRIMINAL Cases Criminal cases not within the exclusive jurisdiction of any court, tribunal or body, such as the following:

1. Penalty provided by law exceeds 6 years imprisonment, irrespective of fine.

2. Those not falling under the original jurisdiction of the Sandiganbayan

where none of the principal accused are occupying positions

corresponding to salary grade ourts as now provided by law., except actions for Manila.try and unlawful detainer which are co their equivalent and the penalty provided by law exceeds 6 years imprisonment, irrespective of fine.

3. Only penalty provided by law is a fine exceeding P4K.

4. Over criminal cases specifically conferred by special laws:

a. Libel and written defamation. Administrative Order No. 104- 96, 1996 designated the RTC as a special court having jurisdiction in libel cases.

b. Violations of the Comprehensive Dangerous Drugs Act of 2002. Regardless of its penalty, the jurisdiction falls within the Regional Trial Court designated as Drugs Court. (People v. Morales, G.R. No. 126623, 1997; RA. No. 9165, Sec. 90). But if the case involves a minor, the jurisdiction lies with the Family Courts. (R.A. 8369)

c. Violations of intellectual property rights. (A.M. No. 03-03- 03-SC, 2003)

d. Election offenses

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e. Violations of the Anti-Violence against Women and their Children Act of 2004 (specifically, those involving violence against women and children as defined under Section 5).

f. Violations of the Comprehensive Agrarian Reform Law.

N.B.: Family Courts have exclusive original jurisdiction over criminal cases where one or more of the accused is below 18 years old, or when one or more of the victims is a minor at the time of the commission of the offense. However, if the victim has already died, such as in homicide cases, the regular courts can have jurisdiction. (People vDela Torre-Yadao, G.R. Nos. 162144-54).

3. OTHER Cases

1. Actions for recognition and enforcement of an arbitration agreement

or for vacation, setting aside, correction or modification of an arbitral award, and any application with a court for arbitration assistance and supervision.

2. Actions for determination of just compensation to land under the

CARL.

3. R.A. 10660 (promulgated April 16, 2015):

The REGIONAL TRIAL COURT shall have exclusive original jurisdiction where the information involving civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A(1986):

a. Does not allege any damage to the government or any bribery; or

b. Alleges damage to the government or bribery arising from the same or closely related transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).

Note: Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial Court under Section 4 of R.A. 10660 shall be tried in a judicial region other than where the official holds office.

1. With the SC

2. With the SC and CA

3. With the SC, CA and SB

si. Original and Concurrent

Actions affecting ambassadors and other public ministers and consuls.

1. Issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction which may be enforced in any part of their respective regions.

2. Petition for the issuance of writ of continuing mandamus in

environmental cases.

1. Petition for writ of amparo. 2. Petition for writ of habeas data.

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4. With the Insurance

Commissioner

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Claims not exceeding P100K. This is applicable if subject of the action is incapable of pecuniary estimation; otherwise, jurisdiction is concurrent with the MeTC.

otherwise, jurisdiction is concurrent with the MeTC. The SC may designate certain branches of the RTC

The SC may designate certain branches of the RTC to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the SC may determine in the interest of a speedy and efficient administration of justice.

6. FAMILY COURTS

(Feria and Noche, pp. 690-692)

ORIGINAL AND EXCLUSIVE JURISDICTION

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1. Criminal cases where one or more of the accused is iSandle exclusively criminal cases, juvenile and

domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies and ascertain any civil liability which the accused may have

incurred. The sentence, however, shall be suspended without need of application pursuant to the Child and Youth Welfare Code (PD 603).

2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter.

3. Petitions for adoption of children and revocation thereof.

4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital

status and property relations of husband and wife or those living together under different status and

agreements, and petitions for dissolution of conjugal partnership or gains.

5. Petitions for support and/or acknowledgment.

6. Summary judicial proceedings brought under the provisions of the Family Code of the Philippines (E.O

No. 209).

7. Petitions for declaration of status of children as abandoned, dependent or neglected children; petitions

for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under the Child and Youth Welfare Code (PD 603), Authorizing the

Ministry of Social Services and Development to Take Protective Custody of Child Prostitutes and Sexually Exploited Children, and for Other Purposes (E.O. 56), and other related laws.

8. Petitions for constitution of the family home.

9. Cases against minors cognizable under the Comprehensive Dangerous Drugs Act of 2005.

10. Violations of Special Protection of Children against Child Abuse, Exploitation and Discrimination Act

(RA 7610), as amended by RA 7658 and RA 9231.

11. Cases of violence against:

a. Women - which are acts of gender-based violence that result, or are likely to result in

physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman’s personhood, integrity and freedom of movement; and

b. Children - which include the commission of ail forms of abuse, neglect, exploitation,

violence and discrimination and all other conditions prejudicial to their development.

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties.

If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court.

7. MUNICIPAL TRIAL COURTS and MeTC, MTC and MCTC

(Feria and Noche, pp.685-689)

(a) ORIGINAL JURISDICTION

i. Original and Exclusive

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1. Civil cases 1. Civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate or amount of demand does NOT exceed P300K, or P400K if in Metro Manila, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs, the amount of which must be specifically alleged. However, interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs shall be included in the determination of the filing fees.

2. Admiralty and maritime cases where the demand or claim does NOT

exceed P300K, or P400K if in Metro Manila.

Where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action irrespective of whether the causes of action arose out of the same or different transactions.

3. Forcible entry and unlawful detainer regardless of value of property

involved, with jurisdiction to determine the issue of ownership only to resolve the issue of possession.

4. Civil actions which involve title to, or possession of, REAL property,

or any interest therein where the assessed value of the property or

interest therein does NOT exceed P20K, or P50K if in Metro Manila,

exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs. In cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots.

5. Inclusion and exclusion of voters.

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2. Criminal cases 1. Over all violations of city or municipal ordinances committed within their respective territorial jurisdictions;

2. Over ail offenses punishable with imprisonment of not more than 6

years irrespective of the amount of fine (prision correctional);

3. Over all offenses punishable with fine only amounting to not more

than P4,000.00 without the penalty of imprisonment. 4. Over all offenses (except violations of RA 3019 and Arts. 210 to 212 of RPC) committed by public officers and employees in relation to their office, including those employed in GOCCs and by private individuals

charged as co-principals, accomplices or accessories, punishable with imprisonment of not more than 6 years or where none of the accused holds a position classified as Grade “27” and higher; 5. In all cases of damage to property through criminal negligence,

regardless of other penalties and the civil liabilities arising therefrom;

6. In cases of summary procedure for violations of B.P. 22 (Bouncing

Checks Law). (A. M. No. 00-11-01-SC)

7. Summary procedure in cases of traffic violations, violations of the

rental law, violations of city or municipal ordinances, violations of BP 22, and all other offenses where the penalty does not exceed 6 months

imprisonment and/or P1,000 fine, irrespective of other penalties or civil liabilities arising therefrom, and in offenses involving damage to property through criminal negligence where the imposable fine does not exceed P10,000.

8. Jurisdiction over cases where the imposable penalty is destierro

considering that in the hierarchy of penalties under Article 71 of the

Revised Penal Code, destierro follows arresto mayor which involves imprisonment. (People v. Eduarte, G.R. No. 88232, 1990)

Municipal Trial Courts have no jurisdiction over cases which by provision of special law are to be heard before the Regional Trial Courts or the Sandiganbayan, even if the maximum penalty prescribed by such special law is less than 6 years. Included in such exceptions are election offenses, libel or written defamation, and violation of Section 39 of the Dangerous Drugs Act of 1972 (RA. No. 6425).

(b) DELEGATED JURISDICTION

Cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does NOT exceed P100K, such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. These cases are assigned and not automatically delegated.

(c) SPECIAL JURISDICTION

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In the absence of all the RTC Judges in a province or city:

1. Hear and decide petitions for writ of habeas corpus.

2. Hear and decide applications for bail in criminal cases.

(d) SUMMARY PROCEDURE

REMEDIAL LAW

1. CIVIL cases 1. Forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered.

2. All other cases, except probate proceedings, where the total amount

of the plaintiffs claim does not exceed one hundred thousand pesos (P100,000) or two hundred thousand pesos (P200,000) in Metropolitan Manila, exclusive of interest and costs. (AM. No. 02-11-09-SC)

NOTE: Under the Sec. 11 of the 2016 Revised Rules of Procedure for Small Claims Cases, if the case does not fall under such Rule, but falls under summary or regular procedure, the case shall not be dismissed. Instead, the case shall be re-docketed under the appropriate

procedure, and returned to the court where it was assigned, subject to payment of any deficiency in the applicable regular rate of filing fees. If

a case is filed under the regular or summary procedure, but actually

falls under the Rule for Small Claims cases, the case shall be referred

to the Executive Judge for appropriate assignment.

2. CRIMINAL cases

1. Traffic violations.

2. Rental law violations.

3. Violations of city or municipal ordinances.

4. Violations of B.P. 22 (Bouncing Checks Law).

5. All other cases where penalty does NOT exceed 6 months and/or

fine of P1K.

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IV. CIVIL PROCEDURE

A* ACTIONS

Q: What are ordinary civil actions? A: It is a formal demand of one’s legal rights in a court of justice in the manner prescribed by the court or by the law (Rule 1, Sec. 3(a) as enunciated by Sps. Ochoa v. Chinabank, G.R. No . 192877, 2011). It is governed by ordinary rules.

Q: What is a real action? A: A real action affects title to or possession of real property or an interest therein (Rule 4, Sec. 1).

Q: What is a personal action? A: A personal action is one brought for the recovery of personal property, for the enforcement of some contract or recovery of damages for its breach, or for the recovery of damages for the commission of an injury to the person or property (Go v. UCPB, G.R. No. 156187, 2004).

Q: What are actions in rem, in personam and quasi in rem? A:

1. In Rem (DSC-ATI-JDA/R-JBWW)

a. A proceeding to determine the state or condition of a thing (Lopez v. Director of Lands, G.R. No. L-22136, 1924).

b. Directed against the thing itself (Alba v. CA, G.R. No. 164041, 2005).

c. Jurisdiction over the person of the defendant is not required (Biaco v. Carpo-Morales, G.R. No. 161417, 2007).

d. Judgment is binding on the whole world (Ang Lam V. Rosillosa, G.R. No. L-3595,

1950).

An action in rem is one where the action is directed against the thing itself, as in land registration and cadastral proceedings (Domagas v Jensen, G.R. No. 158407, 2005).

2. In Personam (IRPD-APP-JDR-JBPISI)

a. An action to impose a responsibility or liability upon a person directly (Domagas v Jensen, G.R. No. 158407, 2005).

b. Directed against a particular person. (Domagas v Jensen, G.R. No. 158407, 2005).

c. Jurisdiction over the person of the defendant is required (Domagas v Jensen, G.R. No. 158407, 2005).

d. Judgment is binding only upon the parties Impleaded or their successors-in-iriterest lMunoz v. Yabut, G.R. No. 142676^2011).

An action in personam is one which has for its

object a judgment against the person.

proceeding to enforce personal rights or

obligations (Domagas v. Jensen, G.R. No. 158407, 2005).

It

is

a

In an action in personam, personal service of summons, within the forum is essential to the acquisition of jurisdiction over the person of the defendant, who does not voluntarily submit himself to the authority of the court. In other words, summons by publication cannot confer upon the court jurisdiction over said defendant (Citizen's Surety v. Meiencio-Herrera, G.R. No. L-32170,

1971).

3.

Quasi In Rem (SIDPOL-APP-JDA/R, JRA-JPP)

a.

It

is a proceeding, the purpose of which is to

subject the Interest of a named defendant over

a

particular property to an obligation or Hen

burdening it.

b.

Directed against particular persons.

c.

Jurisdiction over the person of the defendant is

not required as long as jurisdiction over the res

is

acquired.

d.

Judgment is binding upon the particular

persons.

A proceeding quasi in rem is one brought against persons seeking to subject the property of such persons to the discharge of the claims assailed. It deals with the status or ownership of a particular property (Domagas v. Jensen, supra)

Q: What is an independent civil action? A: In the cases provided for in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of and simultaneously with the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action (Rule 111, Sec. 3).

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Requisites (PIO)

1. May be brought by the offended party;

2. Shall proceed independently of criminal action; and

3. Shall require only a preponderance of evidence (Rule 111, Sec. 3).

Note: An offended party cannot recover damages twice for the same act or omission charged in the criminal action (Rule 111, Sec. 3).

| B. CAUSE OF ACTION

Q: What is a cause of action? A: A cause of action is an act or omission of one party in violation of the legal rights of another (Rule 2, Sec. 2))

Q: What is a joinder of causes of action? A: A party may in one pleading assert, in the alternative or otherwise, as many causes of action as he may have against an opposing party, subject to the following conditions:

1. The party joining the causes of action shall comply with the rules on joinder of parties;

2. The joinder shall not include special civil actions or actions governed by special rules;

3. Where the causes of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the Regional Trial Court provided one of the causes of action falls within the jurisdiction of said court and the venue lies therein; and

4. Where the claims in all the causes action are principally for recovery of money, the aggregate amount claimed shall be the test of jurisdiction (Rule 2, Section 5).

Q: What is a misjoinder of causes of action? A: When there is a misjoinder of causes of action, the erroneously joined cause of action can be severed and proceeded with separately upon motion by a party or upon the court’s own initiative. (Rule 2, Sec. 6)

Q: Compare right of action and cause of action. A:

CAUSE OF ACTION RIGHT OF ACTION

A delict or wrongful act or omission committed by the defendant in

A remedial right or right

to relief granted by law

to a party to institute an

violation of the primary rights of the plaintiff.

Reason for the action (e.g. breach of contract)

Not

affected

by

action against a person who has committed a delict or wrong against him/her; it is the right of a person to bring and prosecute an action to obtain a judgment, the elements of which are as follows:

1 There must be a cause of action;

2. Compliance with all the conditions precedents; and

3. Action must be instituted by the proper party.

Remedy or means afforded or the consequent relief (e.g., filing a civil action for recovery of damages on the ground of breach of contract). May be lost or waived

affirmative

defenses

(e.g.

through

(fraud,

prescription,

prescription

 

if

a

estoppel etc.).

complaint

is

not

filed

within

the

prescriptive

period.)

(Riano, 2014, p. 43).

C. PARTIES TO CIVIL ACTIONS

Q: Who is a real party-in-interest? A: A real party-in-interest is one who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. (Rule 3, Sec. 2).

Q: What are the exceptions to the general rule that one who is not privy to a contract may not bring an action to enforce it? A: The exceptions are:

1. Stipulation pour atrui - If a contract should contain some stipulation in favor of a third person, he may demand its fulfillment provided he communicated his acceptance to the obligor

before its revocation. A mere incidental benefit or interest of a person is not sufficient. The

contracting parties must have clearly and

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deliberately conferred a favor upon a third person (Civil Code, Art. 1311). 2. Those who are not principally or subsidiarily obligated in a contract ma show the detriment that could result from it i.e., when contracts entered into in fraud of creditors may be rescinded when the creditors cannot collect the claims due them (Civil Code, Art. 1318).

Q: Spouses X are the registered owners of a parcel of land, Y and Z are alleged to be the owners of Company A, which owns the lots adjacent to the property of Spouses X. Company A claimed that Spouses X were constructing a fence without a valid permit, and the construction would destroy the wall of its building. To gather evidence, Company A set-up and installed two video surveillance cameras facing the property of Spouses X. Y and Z, as a defense, raised that they are not the owners of Company A and were wrongfully impleaded in this case. Are Y and Z’s contention correct? A: No, The fact that Y and Z are not the registered

owners of the building does not automatically mean that they did not cause the installation of the video surveillance cameras. Although Company A has a juridical personality separate and distinct from its stockholders, records show that it is a family-owned corporation managed by the family

of Y and Z. In these instances, the personalities of

Company A and Y and Z seem to merge. As such,

Y and Z are merely using the corporate fiction of

Company A as a shield to protect themselves from the suit. Y and Z are, thus, proper parties to the suit (Sps. Hing v. Choachuy, G.R. No. 179736, June 26, 2013).

Q: Who is an indispensable party? A: A real party-in-interest without whom NO FINAL DETERMINATION can be had of an action. They are those with such an interest in the controversy that a final adjudication cannot be made, in his absence, without injuring or affecting that interest (Rule 3, Sec. 7).

Q: What is the effect of the non-joinder of indispensable parties?

A: The absence of an indispensable party renders

ail subsequent actions of the court null and void for

want of authority to act, not only as to the absent

REMEDIAL LAW

parties but even as to those present (Arcelona v. CA, G.R. No. 102900, 1997).

However, it is not a ground for automatic dismissal of complaint; hence, the court should order an amendment and impleading of the indispensable parties. The case would be dismissed if there is refusal to comply with the directive of the court for the joinder of an indispensable party to the case (Contreras vs. Rovila Water Supply, G.R. No. 168979, 2013).

Q: What are the two tests to determine an indispensable party? A:

1. Whether a relief be afforded to the plaintiff without the presence of the other party; and

2. Whether the case can be decided on its merits

without prejudicing the rights of the other party

(Republic

v.

152154, 2003).

Sandiganbayan,

G.R.

No.

Q: Who is a necessary party? A: A necessary party is not an indispensable party. He is ought to be joined as a party if COMPLETE RELIEF is to be accorded as to those already parties; he should be joined whenever possible.

Q: Is substitution of a party allowed? A: Yes. In case of death of a litigant during the pendency of an action. The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs (Rule 3, Sec.

16).

Q: Are alternative defendants allowed? A: Yes. Where the plaintiff cannot definitely identify who among two or more persons should be impleaded as a defendant, he may join all of them as defendants in the alternative, although a right to relief against one may be inconsistent with a right of relief against the other (Rule 3, Sec. 13).

Q: When is a party misjoined? A: A party is MISJOINED when he is made a party to the action although he should not be impleaded (Rule 3, Section 11).

Q: What is the remedy in case of misjoinder?

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A: in contract, in misjoinder of cause of action, the court can order severance (Rule 3, Section 11).

Q: What is the effect of the death of a party upon a pending action? A: The death of the client extinguishes the attorney-client relationship and divests a counsel of his authority to represent the client; neither does he become the counsel of the heirs of the deceased unless said heirs engage his services.

Whenever a party to a pending action dies, and the claim is not thereby extinguished, it shall be the duty of his counsel to inform the court within thirty (30) days after such death of the fact thereof, and to give the name and address of his legal representative or representatives. Failure of counsel to comply with this duty shall be a ground for disciplinary action. The heirs of the deceased may be allowed to be substituted for the deceased, without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs (Rule 3, Sec.

16).

Q: Does unincorporated association have capacity to sue? A: No, because an unincorporated association cannot be considered a juridical person or an entity authorized by law, thus it cannot be a party to a civil action (Association of Flood Victims vs. COMELEC, G.R. No. 2037755, 2014).

Examples of qualifying or restrictive words:

"exclusively" and "waiving for this purpose any other venue," "shall only" preceding the designation of venue, "to the exclusion of the other courts," or words of similar import (Auction in Malinta, Inc. v. Luyaben, G.R. No. 173979, 2007).

Q: What is the venue for real actions? A: Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area WHEREIN THE REAL PROPERTY INVOLVED, or a portion thereof, IS SITUATED (Rule 4, Sec. 1(1)).

Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city WHEREIN THE REAL PROPERTY involved, or a portion thereof, IS SITUATED. (Rule 4, Sec. 1(2)).

Real actions, as so opposed to personal actions, are those which affect the title to or possession of real property. Where a contrary claim to ownership is made by an adverse party, and where the relief prayed for cannot be granted without the court deciding on the merits, the issue of ownership and title, more specifically, as to who, between the contending parties, would have a better right to the property, the case can only be but a real action (Gumabon v. Larin, G.R. No. 142523, 2001).

I D. VENUE OF ACTIONS

|

Q: Can the parties stipulate on the venue? A: Yes. Parties may stipulate on the venue, as long as it is agreed in writing before the filing of the action on the exclusive venue thereof (Rule 4, Sec.

4(b)).

Mere stipulation on the venue of an action, however, is not enough to preclude parties from bringing a case in other venues. The parties must be able to show that such stipulation is exclusive. In the absence of qualifying or restrictive words, the stipulation should be deemed as merely an agreement on an additional forum, not as limiting venue to the specified place (Sps. Lantin v. Hon. Lantion, G.R. No. 160053, 1992).

Where a complaint is entitled as one for specific performance but nonetheless prays for the issuance of a deed of sale for a parcel of land, its primary objective and nature is one to recover the parcel of land itself and, thus, is deemed a real action. In such a case, the action must be filed in the proper court where the property is located (Gochan v. Gochan, G.R. No. 146089, 2001).

An action to recover the deficiency after extrajudicial foreclosure of a real property mortgage is a personal action because it does not affect title to or possession of real property, or any interest therein (BPI Family v. Yujuico, G.R. 175796, 2015).

Q: What is the venue for personal actions? A: All other actions may be commenced and tried WHERE PLAINTIFF RESIDED, OR WHERE

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DEFENDANT RESIDES or any of the principal defendants resides, or in the case of a non­ resident defendant WHEREVER HE MAY BE FOUND, at the election of the plaintiff (Rule 4, Sec.

2).

When there is more than one plaintiff in a personal action case, the residences of the principal parties should be the basis for determining proper venue. Eliminate the qualifying term “principal” [in the Rules] and the purpose of the Rule would be defeated where a nominal or formal party is impleaded in the action since the latter would not have the degree of interest in the subject of the action which would warrant and entail the desirably active participation expected of litigants

in a case (Marcos-Araneta v. Cam, GR No. 154096, 2008).

| E. RULES ON PLEADINGS

1. Kinds of Pleadings

l

Q: What are the kinds of pleadings?

A:

(C3ART)

1.

Complaint

2.

Counterclaim

3.

Cross-claim

4.

Answer

5.

Reply (Rule 6)

6.

Third (fourth, etc. -party complaint)

Q: What is a complaint? A: A complaint is the pleading alleging the plaintiffs cause or causes of action. The names and residences of the plaintiff and defendant must

be stated in the complaint (Rule 6, Sec. 3).

Q: What is an answer?

A: An answer is a pleading in which a defending

party sets forth his defenses. It may be an answer

to a complaint, a counterclaim or a cross-claim.

(Rule 6, Sec. 4)

Q: What is a counterclaim? A: A counterclaim is any claim, which a defending party may have against an opposing party. When

a defendant files a counterclaim against the

plaintiff, he becomes the plaintiff in the counterclaim and the original plaintiff becomes the defendant.

A counterclaim

may

be

COMPULSORY

or

PERMISSIVE. (Rule 6, Sec. 6)

Q: What is a compulsory counterclaim? A: Elements: (ATAC)

1. Arises out of or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party’s claim;

2. It does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction;

3. The court has jurisdiction over the amount and nature of the case; and

4. It must be cognizable by the regular courts of

justice (Yulienco v. CA).

Q: May a compulsory counterclaim prosper after dismissal of complaint for lack of jurisdiction?

A: Yes. If the compulsory counterclaim is by

reason of an unfounded suit then it may prosper even with the main complaint having been dismissed (Padilla vs Globe Asiatique, G.R. No. 207376, 2014).

Q: When should compulsory counterclaim be

filed? A: At the time for filing of answer. A claim for recovery of the excess in the bid price vis-a-vis the amount due should be interposed as a compulsory counterclaim in an action for recovery of a deficiency filed by the mortgagee against the debtor-mortgagor (MBTC vs CPR Promotions and Marketing, G.R. No. 200567, 2015).

Q: What is a permissive counterclaim?

A: A counterclaim is permissive if any of the elements of a compulsory counterclaim is absent

(see above). The most commonly treated feature

of a permissive counterclaim is its absence of a

logical connection with the subject matter of the complaint. (International Container Terminal Services Inc. v. CA, G.R. No. 90530, 1992).

A permissive counterclaim does not necessarily

arise out of or is not directly connected with the subject matter of the first claim; it can be filed as a separate case altogether. There is a need to pay

for docket fees since it is seen as a different action

altogether with defendants becoming “plaintiffs” in

respect of such counterclaim (Reillo v. San Jose, G.R. No. 166393, 2009).

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Q: What is a cross-claim?

A: A cross-claim is any claim by one party against

a co-party arising out of the transaction or

occurrence that is the subject matter either of the original action or of a counterclaim therein.

Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant (Rule 6, Sec. 8).

Requirements: (CAP)

1. A claim by one party against a co-party;

2. Must arise out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim; and

3. The cross-claimant is .prejudiced by the claim against him by the opposing party. (Rule 6, Sec. 8)

Q: What is a reply? A: It is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.

If a party does not file such reply, all the new matters alleged in the answer are deemed controverted or denied. No admission follows from

the failure to file a reply (Rule 6, Sec. 10).

Q: What is a third- (fourth-, etc) party complaint? A: A claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)-party

defendant, for contribution, indemnity, subrogation

or any other relief, in respect of his opponent’s

claim. (Rule 6, Sec. 11)

2. Parts of a Pleading

The body sets forth the following:

1. Its designation;

2. The allegation of the party’s claims and

defenses;

3. The reliefs prayed for; and

4. The date of the pleading. (Rule 7)

Q: What is the significance of a lawyer’s signature? A: His signature constitutes a certification by him that (a) he has read the pleading, (b) that to the best of his knowledge and belief, there is good ground to support it, and (c) that it is not interposed for delay (Rule 7, Sec. 3).

What is the effect of an unsigned pleading? It has NO LEGAL EFFECT. The court is authorized, however, to allow the pleader to correct the deficiency if the pleader shows, to the satisfaction of the court, that the failure to sign the pleading was due to the mere inadvertence and not to delay the proceedings (Rule 7, Sec. 3).

Q: What are the actions of counsel that are subject to disciplinary measures? A:

he deliberately files an unsigned

1. When

pleading

2. When he signs a pleading in violation of the Rules

3. When he alleges in the pleading scandalous or indecent matter, or

4. When he fails to promptly report to the court a

change of his address (Rule 7, Sec. 3).

Q: What is verification? A: It is an affidavit declaring that: (a) the affiant has read the pleading, and (b) the allegations therein are true and correct of his personal knowledge and/or based on authentic records (Rule 7, Sec. 4 as amended by AM No. 00-2-10). Generally, pleadings need not be verified EXCEPT only when the law or a rule requires it (Rule 7, Sec. 4).

Q: What are the parts of a pleading? A:

a. Caption and body - The caption sets forth the following:

1. The name of the court;

2. The title of the action; and

3. The docket number, if assigned.

Q: What is the significance of verification? A: it is meant to secure an assurance that the allegations of the petition have been made in good faith, or are true and correct, not merely speculative (Sarmiento v. Zaratan, G.R. No. 167471, 2007).

Q: What is Forum Shopping?

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A: it consists of filing multiple suits in different courts, either simultaneously or successively, involving the same parties, to ask the courts to rule on the same related causes and/or to grant the same or substantially the same relief. It exists when the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in another. (Heirs of Sotto vs. Palicte, G.R. No. 159691, 2014)

Q: What is the nature of a certification of non­ forum shopping? A: It is a mandatory requirement and must be attached to the initiatory pleading. Failure to do so constitutes a cause for dismissal without prejudice (Rule 7, Sec . 5).

Q: How is the certification against forum shopping executed? A: It is executed by the PLAINTIFF or the PRINCIPAL PARTY under oath and must be signed by the party himself/herself and not merely by his attorney (Rule 7, Sec. 5).

Q: What are the undertakings of a party under the certification against forum shopping? A:

1. That the party has not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency and, to the best of his/her knowledge, no such other action or claim is pending therein;

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

3. That if he/she should thereafter learn that the same or similar action or claim has been filed or is pending, he/she shall report that fact within 5 days therefrom to the court wherein his/her complaint or initiatory pleading was been filed (Rule 7, Sec. 5).

Q: May an “ office manager and resident interpreter” for 23 years sign the verification and certification without need of a board resolution? A: Yes. X can be considered as having knowledge of all matters in the office and is in a position to verify “the truthfulness and the correctness of the allegations in the Petition” (Fuji Television Network, Inc. v. Arlene S. Espiritu, G.R. No. 204944-45, Decembers, 2014).

3. Allegations in a Pleading

Q: What are the contents of a pleading? A: A pleading should only contain ULTIMATE FACTS, which are essential to a party’s cause of action or defense. It must be stated in a logical form and in a plain and concise manner (Sec. 1, Rule 8).

Q: What are ultimate facts? A: The ULTIMATE FACTS are the important and substantial facts which form the basis of the primary right of the plaintiff and which make up the wrongful act or omission of the defendant. If the ultimate facts are not alleged, the cause of action would be insufficient (Riano, Civil Procedure: A Restatement for the Bar; 2d ed., 2009).

Q: How do you allege fraud or mistake? A: Fraud or mistake, the circumstances constituting such fraud or mistake must be stated with PARTICULARITY.

Q: How do you allege malice, intent, knowledge or other conditions of the mind of a person? A: Malice, intent, knowledge or other conditions of the mind of a person may be averred GENERALLY. (Rule 8, Sec. 5)

Q: How do you allege an official document or act?

A: It is sufficient to aver that the document or act was issued or done in compliance with law (Rule

8,

Sec. 9).

Q: How do you plead an actionable document? A: (SUB-OR-COP)

1. The substance of such document shall be set forth in the pleading; and the original or a copy shall be attached as an exhibit; or

2. Said copy may with like effect be set forth in the pleading (Rule 8, Sec. 7).

Q: What is the effect if the defendant fails to deny under oath? A:

1. The genuineness and due execution of an actionable document is deemed admitted (Implied Admission) (Casent Realty Development Corp v. Philbanking Corporation, G.R. No. 150731, 2007).

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2. The document need not be formally offered In evidence (Central Surety v. Hodges, G.R. No. L-28633, 1971).

Q: What is specific denial? A: A specific denial is made by specifying each material allegation of fact, the truth of which the defendant does not admit and, whenever practicable, setting forth the substance of the matters upon which he relies to support his denial (UA vs. Wallem Philippines Shipping, Inc G.R. No. 171337, 2012).

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

General Rule: Allegations NOT specifically denied are deemed admitted (Rule 8, Sec. 11).

Exceptions: (UC-COA)

1. Allegations as to the amount of unliquidated damages (Rule 8, Sec. 11);

2. Conclusion of law; and

3. Allegations immaterial as to the cause of action.

Q: When does a specific denial require an oath? A: (ADU)

1. Denial of an actionable document (Rule 8,

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

Q: What is a negative pregnant? A: Where a fact is alleged with some qualifying or modifying language, and the denial is conjunctive, a “negative pregnant” exists, and only the qualification or modification is denied, while the fact itself is admitted (Galofa v. Nee Bon Sing, G.R. No. L-22018, 1968).

4. Effect of Failure to Plead

Q: What is the general rule on the effect of failure to plead defenses or objections? A: Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived (Rule 9, Sec. 1).

Q: What are the exceptions?

A: However, there is no such waiver, and the Court shall DISMISS the claim if it appears from the pleadings or the evidence on record that there is: (LLRP)

1. Lack of jurisdiction over the subject matter

2. Litis pendentia

3. Res judicata

4. Prescription (Rule 9, Sec. 1)

Q: What is the effect of the failure to plead a compulsory counterclaim and cross-claim? A:

General Rule: A compulsory counterclaim, or a cross-claim, not set up shall be barred (Rule 9, Sec. 2).

Exception: Permissive counterclaim shall not be barred (International Container Terminal Services, Inc. v. CA, G.R. No. 90530, 1992).

5. Default

Q: What are the remedies against an order of default? A:

1. Remedy after notice of order and before judgment - File a motion under oath to set aside the order of default and properly show that:

a. The

accident, mistake, or excusable negligence (FAME); and

b. Meritorious defense (i.e. affidavit of merit) (Rule 9, Section 3 (b) of the Rules of Court)

failure

to

answer

was

due

to

fraud,

2. Remedy after judgment and

become final and executory - File a motion for new trial under Rule 37 and/or appeal from the

before it

judgment as being contrary to law or evidence (Lina v. CA, G.R. No. L-63397, 1985).

3. Remedy after judgment becomes final and

executory - File a petition for relief from judgment

under Rule 38.

4. Grave abuse of discretion amounting to lack

or excess of jurisdiction and no plain, speedy,

and adequate remedy available for those improperly declared in default - Petition for Certiorari under Rule 65

Q: What is the effect of order of default?

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A: The party in default loses his standing in court, but he is entitled to notices of subsequent proceedings (Rule 9, Sec. 3 (a)).

REMEDIAL LAW

A violation

consider the paper as not filed (Rule 12, Sec. 11).

of this

Rule

may

be the

cause to

The party may still participate as a witness (Riano, Civil Procedure (The Bar Lecture Series) Volume

Q: What papers are required to be filed with the Court and served upon the parties affected? A: (J-PRQ2-WANDS)

i, 2014).

L

Judgments;

2.

Pleadings subsequent to the complaint;

Q: What is the relief from an order of default?

3.

Resolutions;

A: A judgment rendered against a party in default

4.

Orders;

shall: (EDU)

5.

Offers of judgment;

1.

not exceed the amount or

6. Written motion;

2.

be different in kind from that prayed for

7. Appearances;

3.

nor award unliquidated damages (Rule 9, Sec.

8. Notices;

3 (d)).

9. Demands;

Q: What is the effect of partial default? A: When a pleading asserting a claim states a common cause of action against several defending parties, some of whom answer and the others fail to do so, the court shall try the case against all upon the answers thus filed and render judgment upon the evidence presented (Rule 9, Sec. 3 (c)).

Q: When is there no defaults allowed? (JAL) A:

iO.Similar papers (Rule 13, Sec. 4).

Q: What are the papers required to be filed? A: (PAM-NO-JA)

1. Pleadings

2. Appearances

3. Motions

4. Notices

5. Orders

6. Judgments

7. All other papers (Rule 13, Sec. 3)

1.

Judicial Declaration of Nullity of Marriage

Q: What are the papers required to be served

2.

Annulment of marriages

to the adverse party?

3.

Legal Separation (Rule 9, Sec. 3 (e)).

A: (POM-NO-JO)

 

1.

Pleadings

6.

Filing and Service of Pleadings

2.

Orders

 

3.

Motions

Q: What is filing?

Q: What is service?

4.

Notices

A: The act of presenting the pleading or other

5.

Judgments

papers to the CLERK OF COURT (Rule 13, Sec.

6.

Other papers (Rule 13, Sec. 5)

2). For the purpose of filing, the original must be presented personally to the clerk of court or by sending the same by registered mail (Rule 13, Sec. 3).

A: The act of providing a party with a COPY of the pleading or paper concerned (Riano, p. 402).

Q: An RTC decision rendered in favor of the Republic to expropriate the property of X the RTC rendered judgment in favor of the Republic condemning the subject property for the purpose of implementing the construction of the C-5 Northern Link Road Project Phase 2. The RTC likewise directed the Republic to pay

NOTE: Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally.

respondents consequential damages equivalent to the value of the capital gains tax and other taxes necessary for the transfer of the subject property in the Republic's name. The Republic moved for partial reconsideration, specifically on the issue relating to the payment of the capital gains tax, but the RTC denied the motion in its Order

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dated January 10, 2013 for having been belatedly filed. Is the RTC correct to deny such motion? A: No. Section 3, Rule 13 of the Rules of Court provides that if a pleading is filed by registered mail, the date of mailing shall be considered as the date of filing. It does not matter when the court actually receives the mailed pleading. In this case, the records show that the Republic filed its Motion for Partial Reconsideration before the RTC via registered mail on September 28, 2012. Although the trial court received the Republic's motion only on October 5, 2012, it should have considered the pleading to have been filed on September 28, 2012, the date of its mailing, which is clearly within the reglementary period of 15 days to file said motion, counted from September 13, 2012, or the date of the Republic's receipt of the assailed Decision.Given these circumstances, we hold that the RTC erred in denying the Republic's Motion for Partial Reconsideration for having been filed out of time. (Republic v Sps. Senando G.R. No. 205428, June 7, 2017)

Q: What are the rules on the payment of docket fees? A: A court acquires jurisdiction over the case only upon payment of docket fees. (Manchester Development Corporation vs. CA, GR no. 75919,

1987)

In Manchester, this Court stated that the allegation in the body of the complaint of damages suffered in the amount of P78,000,000.00, and the omission of a specific prayer for that amount, was intended for no other purpose than to evade the payment of correct filing fees if not to mislead the docket clerk in the assessment of the correct fee. The ruling was intended to put a stop to such an irregularity. (Yuchengco v. Republic, G.R. No. 131127, 2000)

Therefore where [a party] demonstrated his willingness to abide by the rules by paying the additional docket fees as required, a more liberal interpretation of the rules is called for. (Sun Insurance Office Ltd. v. Asuncion, 1989)

But the Court clarified that the ruling in Sun Insurance regarding awards of claims not specified in the pleading refers only to damages arising after the filing of the complaint or similar

pleading as to which the additional filing fee therefor shall constitute a lien on the judgment. (Proton Pilipinas Corp. v. Banque Nationale de Paris, G.R. No. 151242, 2005)

Q: What is the effect of non-payment of docket fees as required? A: The Court will fail to acquire jurisdiction over the case. (Manchester Development Corporation vs. CA,GR no. 75919, 1987)

| G. AMENDMENT

Q: How is an amendment made?

A: Pleadings MAY be Amended By: (AS2C2)

1. Adding or striking out an allegation of a party;

2. Adding or striking out the name of a party;

3. Correcting a mistake in the name of a party; and

4. Correcting a mistake or inadequate allegation or description in any other respect. (Sec. 1, Rule

10)

Q: When is amendment a matter of right? A: A party may amend his pleading ONCE as a matter of right. Subsequent amendments must be WITH LEAVE of court.

It may be exercised at ANY time BEFORE a

responsive pleading is SERVED. In the case of a reply it may be amended at any time within ten (10) days after it is SERVED (Rule 10, Sec. 2).

Pleader has a right to amend his complaint before

a responsive pleading is served even if it is to correct a jurisdictional defect.

When Amendment is a Matter of Right:

1. A COMPLAINT may be amended before an answer is served (regardless of whether a new cause of action or change in theory is introduced - thus, MAY be substantial);

2. An ANSWER may be amended before a reply is served upon the defendant;

3. A REPLY may be amended any time within ten (10) days after it is served; and

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

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Section 2 Rule 10 refers to an amendment made before the trial court and NOT to amendments before the Court of Appeals. The Court of Appeals is vested with jurisdiction to admit or deny amended petitions filed before it (Navarro v. Vda De Taroma, G.R. No. 160214, 2005).

Even if the motion to dismiss is granted by the

court, the plaintiff may still amend the complaint as

a matter of right before such dismissal becomes

final Before the filing of any responsive pleading, a party has the absolute right to amend his pleading, regardless of whether a new cause of action or change in theory is introduced. It is settled that a motion to dismiss is not the responsive pleading contemplated by the Rule (Bautista v. Maya-Maya, G.R. No. 148361, 2005).

The plaintiff may amend his complaint once as a matter of right, i.e. without leave of court, before any responsive pleading is filed or served. Responsive pleadings are those which seek affirmative relief and/or set up defenses, like an answer. A motion to dismiss is not a responsive pleading for purposes of Section 2 of Rule 10 (Marcos-Araneta v. CA, G.R. No. 154096, 2008).

It is erroneous for a court to refuse an amendment

exercised as a matter of right and this error may

be corrected by mandamus (Ong Peng v. Custodio, G.R. No. L-14911, 1961).

Q: When is leave of court required in amendment? A:

1 If the amendment is substantial; and

2. A responsive pleading had already been served (Rule 10, Secs. 2-3).

Q: When can the court refuse to allow amendments by leave of court? A: Amendment by Leave of Court may NOT be Allowed When:2341

1.

Cause of action, defense or theory of the case is changed;

2.

Amendment is intended to confer jurisdiction to the court;

3.

Amendment to cure a premature or non­ existing cause of action; and

4.

Amendment for purposes of delay.

After a responsive pleading has been served, a complaint cannot be amended to confer jurisdiction on the court in which it is filed, if the cause of action originally set forth was not within the court's jurisdiction (Campos Rueda Corporation v. Bautista, G.R. No. L-18453, 1962).

Q: What is a formal amendment? A: A defect in the designation of the parties and other clearly CLERICAL or TYPOGRAPHICAL errors may be summarily corrected by the court at ANY stage of the action, at its initiative or on motion, provided so prejudice is caused thereby to the adverse party (Rule 10, Sec. 4).

Q: When is amendment needed to conform to or authorize presentation of evidence applicable? A: When Issues Not Raised by the Pleadings Are Tried with the Express or Implied Consent of the Parties

1. They shall be treated in all respects as if they had been raised in the pleadings.

2. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence may be made upon motion of any party at any time, even after judgment.

3. BUT failure to amend does NOT affect the result of the trial of these issues.

If Evidence is Objected to at the Trial on the Ground That it is Not Within the Issues Made by the Pleadings

1. The court may allow the pleadings to be amended.

2. It shall do so with liberality if the presentation of the merits of the action and the ends of substantial justice will be sub served thereby.

3. The court may grant a continuance to enable the amendment to be made (Rule 10, Sec. 5).

This also covers situations where a complaint insufficiently states the cause of action. Such insufficiency may be cured by evidence presented during the trial without objection. However, this is applicable only if a cause of action in fact exists at the time the complaint is filed, but the complaint is defective for failure to allege the essential facts (Swagman Hotels and Travel Inc., v. CA, G.R. No. 161135, 2005).

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Q: What is the effect of an amended pleading? A: An amended pleading supersedes the pleading that it amends.

Under the Rules, pleadings superseded or amended disappear from the record, lose their status as pleadings and cease to be judicial admissions. While they may nonetheless be utilized against the pleader as extrajudicial admissions, they must, in order to have such effect, be formally offered in evidence. If not offered in evidence, the admission contained therein will not be considered (Ching v. CA, G.R. No. 110844, 2000).

Admissions made in the original pleadings are considered as EXTRAJUDICIAL admissions. However, admissions in superseded pleadings may be received in evidence against the pleader as long as they are formally offered in evidence (Rule 10, Sec. 8).

Q: What is the procedure? A: When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be indicated by the appropriate marks, shall be filed (Rule 10, Sec. 7).

I H, SUMMONS

|

Q: Nature and purpose of summons in relation to actions in personam, in rem, and quasi in rem A: In actions in personam, the judgment is for or against a person directly. Jurisdiction over the parties is required in actions in personam because they seek to impose personal responsibility or liability upon a person. [On the other hand,] Courts need not acquire jurisdiction over parties on this basis in in rem and quasi in rem actions. Actions in rem or quasi in rem are not directed against the person based on his or her personal liability. (De Pedro v. Romasan Development Corp., G.R. No. 194751, 2014)

Q: What is substituted service? A: Substituted service can only be made if personal service CANNOT be made within a reasonable time for justifiable causes. (Rule 13, Sec. 8)

Q: What are the circumstances for substituted service to be justified? A: For Substituted Service of Summons to be valid, the following MUST be demonstrated: (IE- SAD-CP)

1. That personal service of summons within a reasonable time was impossible;

2. That efforts were exerted to locate the party;

and 3. That the summons was served upon a person of sufficient age and discretion residing at the party's residence or upon a competent person in charge of the party's office or regular place of business. (Macasaet vs. Francisco, G.R. No. 156759, 2013)

It is likewise required that the pertinent facts proving these circumstances be stated in the proof of service or in the officer’s return (Sagana v. Francisco, G.R. No.161952, 2009).

Q: How is personal service done? A: How Served (HT)

1. By handing a copy thereof to the defendant in person

2. If he/she refuses to receive and sign for it, summons will be tendered by server to defendant. (Section 6, Rule 13)

Q: What are the requirements for extra­ territorial service? A: Involves a NON-RESIDENT defendant who CANNOT be found in the Philippines and the action against him is IN REM or QUASI IN REM.

Exception: When service may be effected OUT of the Philippines (as provided in extra-territorial service) for ANY ACTION involving residents who are TEMPORARILY out of the Philippines. (Rule 14, Sec. 16).

Q: Instances When Extra-territorial Service May be availed of A: (PLEA)

1. Actions that affect the personal status of the plaintiff;

2. Actions which relate to, or the subject matter of

which is property within the Philippines, in which defendant claims a lien or interest, actual or contingent; 3. Actions in which the relief demanded consists, wholly or in part in excluding the defendant

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from an interest in the property located in the Philippines; and

4. When defendant’s property has been attached in the Philippines. (Perkin Elmore vs. Dakila Trading, G.R. No. 172242, 2007)

Q: Petitioners had actually received the summonses served through their substitutes, as borne out by their filing of several pleadings in the RTC, including their answer with compulsory counterclaim ad cautelam and a pre-trial brief ad cautelam. They also availed of the modes of discovery, Can they insist on personal service? A: Nos their insistence was demonstrably superfluous. Such acts evinced their voluntary appearance in the action (Macasaet vs. Co, G.R. No. 156759, 2013).

Q: When is summons by publication available in an action in personam? A: (DtJ-WU-RT)

1. Identity of the defendant is unknown

2. His whereabouts are unknown and cannot be ascertained by diligent inquiry;

REMEDIAL LAW

OF COURT. (Riano,

Restatement for the Bar, 2d ed., 2009, p. 400).

Civil

Procedure:

A

Summons by publication against a NON­ RESIDENT in an action IN PERSONAM is NOT a proper mode of service.

Q: The Sandiganbayan issued summons on an amended complaint. The summons as to X was returned unserved. The Republic then filed an ex parte motion for leave to serve summons by publication. Alias summons were issued twice but both were returned unserved. The Republic then filed a motion to declare defendant X in

default for failure to answer despite summons by publication, which was eventually granted.

X then filed a motion to lift order of default.

Throughout the proceeding, X also filed a motion to expunge exhibits, and a motion for leave to take deposition. Is the validity of the

service of summons deemed mooted?

A: Yes. In this case, X filed several motions, which

sought various affirmative reliefs. By doing such,

X was deemed to be submitting himself to the

jurisdiction

of

the

Sandiganbayan.

Service

of

3. He is a resident of the Philippines but is temporarily out of the country

If he does not reside and is not found in the Philippines but the suit can be properly maintained

summons is not the only way to acquire jurisdiction

over the person of the defendant. Another is through voluntary appearance (Disini v. Sandiganbayan, G.R. No. 175730, May 7, 2010).

against him in the Philippines, it being in rem or

Q:

What are the requisites of proof of service?

quasi in rem.

A:

The following are the requisites and contents of

Service of summons shall be effected by publication in a newspaper of general circulation and in such places and for such time as the court may order. (Santos vs. PNOC, G.R. No. 170943,

2008)

In ANY suit against a resident of the Philippines temporarily absent from the country, the defendant may be served by SUBSTITUTED service because he still leaves a definite place of residence where he/she is bound to return. (Rule 14, Sec. 16)

In addition, EXTRA-TERRITORIAL service [by personal service effected out of the Philippines OR by publication in a newspaper of general circulation in such places and for such time as the court may order] MAY be resorted to WITH LEAVE

a valid proof of service (W-MPD-SN-S)

1. Made in writing by the server;

2. Shall set forth the manner, place, and date of

service 3. Shall specify any papers which have been served with the process and the name of the person who received the same; and 4. Shall be sworn to when made by a person other than a sheriff or his deputy (Rule 14, Sec. 18).

 

I.

MOTIONS

 

Q:

What is a motion?

 

A:

An

application

for

relief

other

than

by

a

pleading.

The rules that apply to pleadings shall also apply

to written motions so far as concerns caption,

designation, signature, and other matters of form. (Rule 15, Sec. 10)

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Q: Whai is a motion ex parte ? A: One that does not require a party to be heard and which the court may act upon without prejudice the rights of the other party.

This kind of motion is not covered by the hearing requirement under Section 2, Rule 15 of the Rules of Court. (Bautista vs. Judge Causapin, A.M. No. RTJ -07-2044, 2011)

Examples:

1. Setting for pre-trial (Rule 18, Sec. 1)

2. Motion for extension of time (Bautista vs. Judge

Causapin, A M No. RTJ -07-2044, 2011)

Q: What is a litigated motion? A: One which requires the parties to be heard before ruling on the motion can be made by the court (Riano, p. 368).

Examples

1. Motion to Dismiss (Rule 16)

2. Motion for Judgment on Pleadings (Rule 34)

3. Summary Judgment (Rule 35)

Q: What is a special motion? A: A motion addressed to the discretion of the court (Black’s Law Dictionary).

Q: What is omnibus motion? A: The OMNIBUS MOTION RULE is a procedural principle which requires that every motion attacking a pleading, order, judgment or proceeding shall include all objections then available, and all objections not so included shall be deemed waived (Rule 15, Sec. 8).

Q: What is a motion for bill of particulars? A: It is a motion which seeks to clarify matters in the complaint which are vague, ambiguous, or not averred with sufficient definiteness.

in the

perception of the movant contains ambiguous allegations. (Rule 1, Sec. 12, Virata vs.

Sandiganbayan, G.R. No. 106527, 1993)

It applies to ANY PLEADING which

Q:

dismiss?

A: (JV-L2-BaCa-ExUC)

What

are

the

grounds

for

a

motion

to

1. Absence of jurisdiction over

a. Person of the defending party OR

b. Subject matter of the claim

2.

Venue is improperly laid

3.

Plaintiff has no legal capacity to sue

4.

Another action is pending between the same

parties for the same cause (Litis Pendentia)

5.

Cause of action is barred by

a. A prior judgment (Res Judicata) OR

b. The statute of limitations (Prescription)

6.

No cause of action stated in pleading asserting the claim (Failure to state cause of action)

7.

Payment, waiver, abandonment, or extinguishment of claim or demand set forth in the plaintiffs pleading

8.

Unenforceable (under the provisions of the Statute of Frauds) claim under which the action is founded

9.

Non-compliance with a condition precedent for filing the claim (Rule 16, Sec. 1)

It is subject to the OMNIBUS MOTION RULE. Any objection available at the time of filing of the pleading NOT raised will be DEEMED WAIVED.

Q: X raised the ground of defective verification and certification of forum shopping only when they filed their second motion to dismiss, despite the fact this ground was existent and available to them at the time of the filing of their first motion to dismiss. Is this ground waived? A: Yes, absent any justifiable reason to explain this fatal omission, the ground of defective verification and certification of forum shopping was deemed waived and could no longer be questioned by the petitioners in their second motion to dismiss (De Guzman vs. Ochoa, G.R. No. 169292, April 13, 2011)

Q: What are the 3 courses of action of the court for the resolution of the motion? A: (DDA)

1. Dismiss the action or claim

2. Deny the motion

3. Order the amendment of the pleading.

Court shall NOT defer the resolution of the motion for the reason that the ground relied upon is not indubitable. The resolution shall state clearly and distinctly the reasons therefor in every case. (Rule 16, Sec. 3)

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Q:

What are the remedies of the plaintiff when

3.

Cause of action barred by prior judgment or

Claim or demand has been paid, waived,

the complaint is dismissed? A: (RAP)

4.

res judicata;

1.

Re-file complaint if ground for dismissal does NOT bar refiling

abandoned, or extinguished (Rule 16, Sec. 5).

2.

Appeal from order of dismissal if ground for

a. Res judicata

Q:

Is the defense of lack of jurisdiction over the

dismissal is one which BARS refilling of complaint such as: (RPES)

person of a party one of the defenses which are not deemed waived under Section 1 of Rule 9? A: No. Such defense must be invoked when an

b. Prescription

answer or a motion to dismiss is filed in order to

c. Extinguishment of obligation

prevent a waiver of the defense (Boston Equity

d. Violation of the Statue of Frauds (Rule 16,

Resources, Inc. v. CA, G.R. No. 173946, 2013).

Sea 5)

3.

Petition for Certiorari if court gravely abuses

Q: Is the ground of non-compliance with

its discretion in a manner amounting to lack of jurisdiction and is the appropriate remedy in those instances when the dismissal is without prejudice. (Strongworld Construction vs. Perello, G.R. No. 148026, 2006)

Q: When do you file a motion to dismiss? State the general rule and the exceptions. A: General Rule: A motion to dismiss is filed within the time for filing the answer but BEFORE filing said answer. If a motion to dismiss is filed AFTER the answer has been filed, it is to be considered filed OUT OF TIME and the defending party is estopped from filing the motion to dismiss.

condition precedent deemed waived if not raised in motion to dismiss or answer?

A: Yes. The rule is that defenses and objections

not pleaded either in a motion to dismiss or in the

answer are deemed waived. Since the heirs of X did not raise the defense of non-compliance with Art 151 of the Family Code as a ground to dismiss the complaint to annul the Deed of Donation, such was deemed waived (Heirs of Favis v. Gonzales,

2014).

Q: Is a preliminary hearing on affirmative defense raised in the answer necessary when

affirmative defense is failure to state a cause

 

of

action?

Exceptions: (LLPS)

 

A:

No. When the motion is based on the ground of

A

Motion to Dismiss MAY be Filed AFTER the

insufficiency of the cause of action which must be

Filing of an Answer or at any time during the proceedings:

determined on the basis only of the facts alleged in the complaint and no other (Aquino vs. Quiazon,

1.

If the ground raised is lack of jurisdiction over the subject matter;

G.R. No. 201248, 2015).

2.

If it is alleged that there is another action pending between the same parties for the

Q: When can prescription be a ground for motion to dismiss?

same cause or litis pendentia;

A:

An allegation of prescription can effectively be

3.

If the ground filed is that the action is barred by jprior judgment; or

used in a motion to dismiss only when the complaint on its face shows that indeed the action

4.

If the

action

is

barred

by the

statute

of

has already prescribed. If the issue of prescription

limitations (Riano, Civil Procedure Volume 1, 477, 2014).

is one involving evidentiary matters requiring a full­ blown trial on the merits, it cannot be determined in a motion to dismiss (Sanchez v. Sanchez, G.R.

Q: What are the instances when a complaint can no longer be re-filed after the court grants a motion to dismiss?

A: (SURE)

1. Cause of action barred by statute of

limitations 2. Claim is unenforceable under the Statute of

Frauds

No. 187661, 2013).

Q: The RTC rendered a Decision in favor of X.

Thereafter, a writ of execution was issued by the trial court. Thereafter, the Branch Sheriff conducted a public bidding and auction sale over the property covered by TCT during which

X was the highest bidder. Consequently, a

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certificate of sale was executed in her favor on even date and was annotated at the back of the TCT. Thereafter, the taxes due on the sale of the subject property were paid. X filed a motion for the issuance of an order directing the sheriff to execute the final certificate of sale in her favor. Y opposed on the twin grounds that the subject motion was not accompanied by a notice of hearing and that the trial court's Decision can no longer be executed as it is barred by prescription. The trial court granted the motion. Y moved for reconsideration which was denied. Y thereafter sought review via certiorari before the CA. The CA denied the petition saying that the motion is non-litigious so the three-day notice rule does not apply. Was the CA correct? A: Yes. The CA correctly ruled that the subject motion is a non-litigious motion. While, as a general rule, all written motions should be set for hearing under Section 4, Rule 15 of the Rules of Court, excepted from this rule are non-litigious motions or motions which may be acted upon by the court without prejudicing the rights of the adverse party. As already discussed, respondent is entitled to the issuance of the final certificate of sale as a matter of right and petitioner is powerless to oppose the same. Hence, the subject motion falls under the class of non-litigious motions. (Jose delos Reyes v. Josephine Ramnani, G.R. No. 169135, June 18, 2010)

| J. DISMISSAL OF ACTIONS

When

propio or on

Q:

will

motu

motion due to the fault of the

the

case

be

dismissed

plaintiff? (Rule 17, Sec. 3)

A: When, if for no justifiable cause, plaintiff FAILS to:

1. Appear on the date of presentation of his evidence in chief;

2. Prosecute his action for an unreasonable length of time;

3. Comply with the Rules of Court;

4. Comply with any order of the Court; or

5. Appear at pre-trial

Q: What is the effect of dismissal upon motion of the plaintiff on existing counterclaims? A: The dismissal of the complaint does not necessarily carry with it the dismissal of the counterclaim, compulsory or otherwise. The

dismissal of the complaint is without prejudice to the right of the defendants to prosecute the counterclaim. (Pinga v. Santiago, G.R. No. 170354, 2006).

 

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K. PRE-TRIAL

|

Q: What are the purposes of pre-trial? A: To allow the court to consider:

 

1

The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;

2.

The simplification of the issues;

3.

The necessity or desirability of amendments to the pleadings;

 

4.

The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;

5.

The limitation of the number of witnesses;

6.

The advisability of a preliminary reference of issues to a commissioner;

7.

The propriety of rendering judgment on the pleadings, or summary judgment, or dismissing the action should a valid ground exist;

8.

The advisability or necessity of suspending the proceedings; and

9.

Such other matters as may aid in the prompt disposition of the action (Rule 18, Sec. 2).

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Q: What are the effects of non-appearance in Pre-trial? A: If the plaintiff fails to appear, this shall be cause for dismissal of the action which is with prejudice unless otherwise ordered by the court. If the defendant fails to appear, it shall be cause to allow the plaintiff to present his evidence ex parte and the court to render the judgment on the basis thereof. (Rule 18, Sec.

 

5)

 

|

L. INTERVENTION

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Q: What are the requisites for intervention? A:

1. Motion for intervention filed BEFORE rendition of judgment. (Rule 19, Sec. 2)

2. Movant must show in his/her motion that he/she a. has legal interest in the matter in litigation, in the success of either of the parties in the action, or against both parties; or

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REMEDIAL LAW

b. is situated as to be adversely affected by a distribution or other disposition of property in the custody of the court. (Rule 19, Sec. 1)

3. Intervention must not unduly delay or prejudice

the adjudication of rights of the original parties.

4. Intervenor’s rights may not be fully protected in

a separate proceeding. (Mactan Cebu vs. Heirs of Mioza, G.R. No. 186045, 2011)

| M. SUBPOENA

|

Q: What is subpoena ad testificandum? A: Process directed to a person requiring him to attend and to testify at the hearing or for the taking of his deposition (Rule 21. Sec. 1).

Q: When can subpoena duces tecum and ad

testificandum be quashed? A: Subpoena duces tecum may be quashed upon motion promptly made at or before the time specified therein:

1.

If

it is unreasonable and oppressive

2.

The relevancy of the books, documents, or

things does not appear

3.

If

the person in whose behalf the subpoena is

issued fails to advance the reasonable cost of the production thereof

4.

That the witnesses’ fees and kilometrage allowed by the Rules were not tendered when the subpoena was served (Rule 21, Sec. 4)

Q: When may subpoena ad testificandum be quashed? A:

bound

1. It

is shown

that the witness

is

not

thereby

2. The witness fees and kilometrage allowed by

not tendered when the

the

subpoena was served (Rule 21, Sec. 4).

Rules

were

N. COMPUTATION OF TIME

Q: What is the correct rule on the computation of time according to A.M. 00-2-14-SC? A: When the due date falls on a Saturday, Sunday, or legal holiday, in which case, the filing of the said pleading on the next working days is deemed on time. Any extension of time to file the required pleading should be counted from the expiration of the period regardless of the fact that said due date is a Saturday, Sunday, or legal holiday (Reinier

Pacific

International

vs.

157020, 2013).

Guevarra,

G.R.

No.

| O. MODES OF DISCOVERY

Q: What is a deposition? A: Taking of the testimony of any person, whether he/she be a party or not, but at the instance of a party to the action. This testimony is taken out of court and it may either be an oral examination or a written interrogatory (Rule 23, Sec. 1).

Q: When is leave of court necessary in taking depositions pending appeal? A:

1. Afterjslpj jurisdiction[sjpj h a s^ beenjsEp] obtained^ over[sjpj any-sEp] defendant^] or[s£pj over^i the3£ property^] which[s£pj is[s_Epj they*] subject^] of-slpi thejslp] action[s.Epj buty*] BEFORE[s|p] an [s|p]answer has [sEpjbeen [spiled

2. Deposition's]*! oism a[s|pj person^ confinedy*] in[s£p] prison (Rule 24, Sec. 1).

Q: What are the uses of deposition (under Sec.

4,

A: (CIAW-D-100-ASI2-S-E)

1. For the purpose of contradicting or Impeaching