Civil Procedure - Justice de Leon: Remedial Law Substantive Law
Civil Procedure - Justice de Leon: Remedial Law Substantive Law
Civil Procedure - Justice de Leon: Remedial Law Substantive Law
Civil Procedure
Justice de Leon
Basic principles
Kinds of procedure
1. As to purpose
a. Criminal
b. Civil
2. As to formality
a. Formal
b. Summary proceeding
Rule 1
General Provisions
(Sections 1 to 6)
Jurisdiction
1. Generally
Jurisdiction – the capacity or power conferred by the Constitution or law to a court or tribunal to entertain, hear
and determine certain controversies, and render judgment thereon. Determined by the law in force at the time of
the commencement of the action
Determined by the allegations in the complaint and the character of the relief sought, not the defenses raised by
defendant
Determined by the allegations in the complaint and the character of the relief sought, not the defenses raised by
defendant
a. Subject matter
o Based on actual allegations in the complaint
o Refers to the nature of the cause of action and of the relief sought
o Vested by law and is not acquired by consent or acquiescence of the parties, nor by the unilateral
assumption thereof by a tribunal
o Cannot be fixed by the will of the parties
o Cannot be enlarged or diminished by any act or omission of the parties
o Cannot be conferred by the court or tribunal
b. Res or property
o By actual custody thereof – such as by seizure, attachment, garnishment
c. Issues
o Conferred by the pleadings or consent of the parties
o Waivable
d. Parties
o Over the plaintiff – when he files his complaint and upon payment of docket fees
o Over the defendant – upon valid service of summons or by his voluntary appearance
2. Estoppel to deny jurisdiction
Heirs of Bertuldo Hinog vs. Melicor (455 SCRA 460)
o After Bertuldo vigorously participated in all stages of the case before the trial court and even invoked
the trial court‘s authority in order to ask for affirmative relief, petitioners, considering that they
merely stepped into the shoes of their predecessor, are effectively barred by estoppel from
challenging the trial court‘s jurisdiction.
Special Courts
Sandiganbayan
PD 1616, as am. by RA 7975 and RA 8249
Kinds of action
1. As to cause of action – distinction important in determining venue
a. Personal
o Personal property is sought to be recovered or where damages for breach of contract are sought
o Founded on privity of contract
o Filed in the court where the plaintiff or defendant resides, at plaintiff‘s option
b. Real
o Ownership or possession of real property is involved
o Founded on privity of real estates
o Filed in the court where the property or any part thereof is located
2. As to object – distinction important in service of summons
a. In rem
o Directed against the thing itself
o Jurisdiction over the person of the defendant is not required
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o Proceeding to determine the state or condition of a thing
o Judgment binds the whole world
o Service done through publication of summons
b. In personam
o Directed against a particular person
o Jurisdiction over the person of the defendant is required
o Action to impose a responsibility or liability upon a person directly
o Binds only the parties impleaded or their successors in interest
o Service through actual service
c. Quasi in rem
o Directed against particular persons
o Jurisdiction over the person of the defendant is not required as long as jurisdiction over the res is
acquired
o Proceeding to subject the interest of a named defendant over a particular property to an obligation or
lien burdening it
o Judgment binding upon particular persons
Commencement of action
By filing of the original complaint in court
If an additional defendant is impleaded in a later pleading, the action is commenced with regard to him on the date of
filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court
1. Condition precedent
Katarungang Pambarangay
Lumbuan vs. Ronquillo (489 SCRA 650)
o Section 412(a) of RA 7160 requires the parties to undergo a conciliation process before the
Lupon Chairman or the Pangkat as a precondition to filing a complaint in court. the objective is
to reduce the number of court litigations and prevent the deterioration of the quality of justice
which has been brought about by the indiscriminate filing of cases in courts.
2. Payment of filing fee
Heirs of Bertuldo Hinog vs. Melicor (455 SCRA 460), reiterating SIOL vs. Asuncion (infra)
o While the payment of the prescribed docket fee is a jurisdictional requirement, even its non-
payment at the time of filing does not automatically cause the dismissal of the case, as long as the
fee is paid within the applicable prescriptive or reglementary period.
o Guidelines involving the payment of docket fees:
1. It is not simply the filing of the complaint or appropriate initiatory pleading, but the
payment of the prescribed docket fee that vests a trial court with jurisdiction over the
subject matter or nature of the action. Where the filing of the initiatory pleading is not
accompanied by payment of the docket fee, the court may allow payment of the fees
within a reasonable time but in no case beyond the applicable prescriptive or
reglementary period
2. Same rule applies to permissive counterclaims, third-party claims and similar pleadings,
which shall not be considered filed until and unless the filing fee prescribed therefor is
paid. The court may also allow payment of said fee within a reasonable time but also in
no case beyond its applicable prescriptive or reglementary period
3. Where the trial court acquires jurisdiction over a claim by the filing of the appropriate
pleading and payment of the prescribed filing fee but, subsequently, the judgment
awards a claim not specified in the pleading, or if specified the same has been left for
determination by the court, the additional filing fee therefor shall constitute a lien on the
judgment. It shall be the responsibility of the clerk of court or his duly authorized
deputy to enforce said lien and assess and collect the additional fee
o SIOL effectively modified SC Circular No. 7 by providing that filing fees for damages and
awards that cannot be estimated constitute liens on awards finally granted by the trial court.
Sun Insurance Office, Ltd. vs. Asuncion (170 SCRA 274)
o It is not only the filing of the complaint, but the payment of the prescribed docket fee that vests
a trial court with jurisdiction over the subject matter or nature of the action.
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o Permissive counterclaims, third-party claims and the like shall not be considered filed until and
unless the prescribed filing fee is paid.
o When the judgment of the courts awards a claim not specified in the pleading, the additional
filing fee shall constitute a lien on the judgment.
Rule 2
Cause of Action
(Rules 1 to 6)
Rule 3
Parties to Civil Actions
(Sections 1 to 22)
Classification of parties
Real party in interest (Sec 2)
The party who stands to be benefited or injured by the judgment in the suit
Unless otherwise authorized by law or these rules, every action must be prosecuted or defended in the name of
the real party in interest
Lack of personality to sue
Evangelista vs. Santiago (475 SCRA 744)
o Lack of legal capacity to sue – plaintiff is not in the exercise of his civil rights, or does not have
the necessary qualification to appear in the case, or does not have the character or representation
he claims. Refers to general disability to sue – such as minority, insanity, incompetence, lack of
juridical personality or other general disqualifications. Ground for MTD based on lack of legal
capacity to sue
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o Lack of personality to sue – plaintiff is not the real party-in-interest. Ground for MTD based on
the fact that the complaint evidently states no cause of action.
Standing to sue
Domingo vs. Carague (456 SCRA 450)
o Where petitioners have not shown any direct and personal interest in the COA Organizational
Restructuring Plan, where there is no indication that they have sustained or are in imminent
danger of sustaining some direct injury as a result of its implementation, they do not have any
legal standing to file a suit questioning the legality of said plan.
Representative parties (Sec 3)
Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary
capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in
interest
A representative may be a trustee of an express trust, a guardian, an executor or administrator, or a party
authorized by law or these Rules
An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued without
joining the principal except when the contract involves things belonging to the principal
Oposa vs. Factoran (224 SCRA 792)
o Petitioners‘ personality to sue in behalf of the succeeding generations can only be based on the
concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is
concerned
o The subject matter of the complaint is of common and general interest not just to several, but to all
citizens of the Philippines.
Indispensable parties (Sec. 7)
Parties in interest without whom no final determination can be had of an action shall be joined either as plaintiffs
or defendants
Domingo vs. Scheer (421 SCRA 468)
o The joinder of indispensable parties under Sec 7, Rule 3 is mandatory. Without the presence of
indispensable parties to the suit, the judgment of the court cannot attain real finality. Strangers to a
case are not bound by the judgment rendered by the court. The absence of an indispensable party
renders all subsequent actions of the court null and void. There is lack of authority to act not only as
to the absent party but also as to those present. The responsibility of impleading all the indispensable
parties rests on the petitioner/plaintiff.
o However, the non-joinder of indispensable parties is not a ground for dismissal of an action.
Uy vs. CA (494 SCRA 535)
o An indispensable party is one whose interest will be affected by the court‘s action in the litigation and
without whom no final determination of the case can be had. The party‘s interest in the subject
matter of the suit and in the relief sought are so inextricably intertwined with the other parties‘ that
his legal presence as a party to the proceeding is an absolute necessity.
o Indispensable parties must be joined either as plaintiffs or defendants. Whenever it appears to the
court in the course of a proceeding that an indispensable party has not been joined, it is the duty of
the court to stop trial and to order the inclusion of such party. The absence of an indispensable party
renders all subsequent actuations of the court null and void, for want of authority to act, not only as
to the absent parties, but even as to those present.
o The responsibility of impleading all indispensable parties rests on the plaintiff. Defendant does not
have the right to compel the plaintiff to prosecute the action against a party if he does not wish to do
so, but the plaintiff will have to suffer the consequences of any error he might commit in exercising
his option.
Necessary party or proper party (Secs 8-9)
Necessary party – one who is not indispensable but who ought to be joined as a party if complete relief is to be
accorded as to those already parties, or for a complete determination or settlement of the claim subject of the
action. (Sec 8)
Whenever in any pleading in which a claim is asserted a necessary party is not joined, the pleader shall set forth
his name, if known, and shall state why he is omitted. Should the court find the reason for the omission
Defendants
1. Unwilling co-plaintiff (Sec 10)
If the consent of any party who should be joined as plaintiff cannot be obtained, he may be made a defendant
and the reason therefor shall be stated in the complaint
2. Alternative defendant (Sec 13)
Where the plaintiff is uncertain against who of several persons he is entitled to relief, he may join any or all of
them as defendants in the alternative, although a right to relief against one may be inconsistent with a right to
relief against the other
3. Unknown defendant (Sec 14; Rule 14, Sec 14)
Whenever the identity or name of a defendant is unknown, he may be sued as the unknown owner, heir,
devisee, or by such other designation as the case may require
When his identity or true name is discovered, the pleading must be amended accordingly (Sec 14)
In any action where the defendant is unknown or whenever his whereabouts are unknown and cannot be
ascertained by diligent inquiry, service may, by leave of court, be effected upon him by publication in a
newspaper of general circulation and in such places and for such time as the court may order (Rule 14, Sec
14)
4. Entity without juridical personality as defendant (Sec 15; Rule 14, Sec 8)
Rule 4
Venue of Actions
(Sections 1 to 4)
Venue defined
Venue – place where the action is to be commenced/instituted and tried. The place of trial and geographical location
on which an action should be brought
Distinguished from jurisdiction
Venue Jurisdiction
Place where action is to be instituted and tried Power of court to try and decide a case
May be waived Jurisdiction over the SM or nature of the action is
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conferred by law, therefore, cannot be waived
Procedural Substantive
May be changed by written agreement of the parties Cannot be the subject of an agreement of the parties
Pleadings
(Substantial Requirements)
In general
Defined (Rule 6, Sec 1)
Pleadings – written statements of the respective claims and defenses of the parties submitted to the court for
appropriate judgment
Distinguished from motion (Rule 15, Sec 1)
Motion – application for relief other than by pleading
What allowed (Rule 6, Sec 2)
1. Complaint
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2. Counterclaim
3. Cross-claim
4. Third (Fourth, etc)-party complaint
5. Complaint-in-intervention
6. Answer – pleading w/c alleges defenses to the pleadings asserting a claim
7. Reply – pleadings w/c responds to the answer
* 1-5 are pleadings w/c assert the party‘s claim
Parts of a pleading (Rule 7)
A. Caption
1. Name of the Court
2. Title of the Action – name of parties and their respective participation
3. Docket number, if assigned
B. Body – sets forth its
Designation
Allegations of the party‘s claims or defenses
Relief prayed for
Date of pleading
1. Paragraphs
2. Headings
3. Reliefs
4. Date of pleading
C. Signature and Address
Every pleading must be signed by the party or his counsel – unsigned pleadings have no legal effect
His address w/c should not be a post office box should be indicated
D. Verification
General Rule: Pleadings need not be under oath, verified or accompanied by affidavit
Exception: When otherwise specifically required by law:
1. Petition to take deposition before action;
2. Petition for relief from judgment;
3. Appeal by Certiorari from the CA to the SC;
4. Application for Preliminary Injunction or Temporary Restraining Order;
5. Application for appointment of a receiver;
6. Petition for Certiorari, Prohibition, or Mandamus;
7. All pleadings of forcible entry and unlawful detainer;
8. Petition for appointment of general guardian;
9. Petition of guardian for leave to sell or encumber property of estate;
10. Petition to declare competency of ward;
11. Application for Writ of habeas corpus;
12. Petition for change of name;
13. Petition for voluntary dissolution of corporation;
14. Petition to correct entries in civil registry;
15. Pleadings in Summary Procedure.
How verified?
By an affidavit that the affiant has read the pleading and that the allegations therein are true and correct
of his knowledge and belief
E. Certification against Forum Shopping
Required only for complaint or initiatory pleading
Certification may be in the complaint or in a sworn statement annexed and simultaneously filed
Shall contain the following undertakings:
That he 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 knowledge, no such action or claim is pending therein;
If there is such pending action or claim, a complete statement of the present status thereof; and
Complaint
Defined and in general (Rule 6, Sec 3)
Complaint – pleading alleging the plaintiff‘s cause or causes of action
Allegations
In general (Rule 8, Sec 1)
Counterclaims
Defined and in general (Rule 6, Sec 6)
Counterclaim – any claim which a defending party may have against an opposing party
How raised
Included in answer (Rule 6, Sec 9; Rule 11, Sec 8)
Counterclaim may be asserted against an original counter-claimant. A cross-claim may also be filed
against an original cross-claimant (Rule 6, Sec 9)
Compulsory counterclaim or a cross-claim that a defending party has at the time he files his answer shall
be contained therein (Rule 11, Sec 8)
After answer (Rule 6, Sec 9; Rule 11, Sec 9)
Counterclaim may be asserted against an original counter-claimant. A cross-claim may also be filed
against an original cross-claimant (Rule 6, Sec 9)
Counterclaim or a cross-claim which either matured or was acquired by a party after serving his pleading
may, with the permission of the court, be presented as a counterclaim or cross-claim by supplemental
pleading before judgment (Rule 11, Sec 9)
Kinds of counterclaims
Compulsory (Rule 6, Sec 7; Rule 9, Sec 2)
Compulsory counterclaim – one which, being cognizable by the regular courts of justice, arises out of or
is connected with the transaction or occurrence constituting the subject matter of the opposing party‘s
claim and does not require for its adjudication the presence of third parties of whom the court cannot
acquire jurisdiction.
o Must be within the jurisdiction of the court both as to the amount and nature thereof,
Except that in an original action before the RTC, the counterclaim may be considered
compulsory regardless of the amount. (Rule 6, Sec 7)
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A compulsory counterclaim, or a cross-claim, not set up shall be barred (Rule 9, Sec 2)
– Cannot be independently adjudicated
– Jurisdiction (both as to amount and nature; exception)
– Filing fees and non-forum certification not required
Permissive
Permissive counterclaim – does not arise out of the opposing party‘s claim or necessarily connected with
the transaction or occurrence constituting the subject matter of the opposing party‘s claim.
Not barred even if not pleaded
May be filed as an independent action
Korea Exchange Bank vs. Gonzales (456 SCRA 224)
o Counterclaim – any claim for money or other relief which a defending party may have
against an opposing party.
o A counterclaim is compulsory if:
a. It arises out of, or is necessarily connected with, the transaction or occurrence
which is the subject matter of the opposing party‘s claim;
b. It does not require for its adjudication the presence of third parties of whom the
court cannot acquire jurisdiction; and
c. The court has jurisdiction to entertain the claim.
o Compulsory counterclaim cannot be made the subject of a separate action but should be
asserted in the same suit involving the same transaction or occurrence giving rise to it.
o Test to determine compulsory or permissive nature of specific counterclaims:
a. Are the issues of fact and law raised by the claim and counterclaim largely the same?
b. Would res judicata bar a subsequent suit on defendant‘s claim absent the
compulsory counterclaim rule?
c. Will substantially the same evidence support or refute plaintiff‘s claim as well as
defendant‘s counterclaim?
d. Is there any logical relation between the claim and the counterclaim?
BA Finance Corp. vs. Co (224 SCRA 163)
o Counterclaim of private respondents is not merely permissive but compulsory in nature: it
arises out of, or is necessarily connected with, the transaction or occurrence that is the
subject matter of the opposing party's claim; it does not require the presence of third parties
of whom the court cannot acquire the presence of third parties of whom the court cannot
acquire jurisdiction; and, the trial court has jurisdiction to entertain the claim.
o The counterclaim of private respondents is denominated "compulsory" and consists of
claims for alleged overpayments and damages. They assert that they are no longer indebted
to petitioner and are in fact entitled to reimbursement for overpayments. They ask for
damages for expenses incurred and inconveniences suffered by them as a result of the filing
of the present action.
o Clearly, the same evidence needed to sustain the counterclaim of private respondents would
also refute the cause of action in petitioner's complaint. For, if private respondents could
successfully show that they actually made overpayments on the credit accommodations
extended by petitioner, then the complaint must fail. The counterclaim is therefore
compulsory.
Remedies
For failure to raise compulsory counterclaim (Rule 9, Sec 2)
Oversight, inadvertence, excusable neglect (Rule 11, Sec 10)
In case main action fails
BA Finance Corp. vs. Co, supra
o Compulsory counterclaim cannot "remain pending for independent adjudication by the
court." This is because a compulsory counterclaim is auxiliary to the proceeding in the
original suit and merely derives its jurisdictional support therefrom.
o It necessarily follows that if the trial court no longer possesses jurisdiction to entertain the
main action of the case, an when it dismisses the same, then the compulsory counterclaim
Answer to counterclaim
In general (Rule 6, Sec 4)
Answer – pleading in which a defending party sets forth his defenses
Period to plead (Rule 11, Sec 4)
Within 10 days from service
Reply
Defined and in general (Rule 6, Sec 10)
Reply – 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 new matters alleged in the answer are deemed controverted
When required (Rule 6, Sec 10)
Generally optional.
In case of failure to reply, new matters alleged in the answer are deemed controverted
Compulsory where it is necessary to deny under oath the following:
o Defense in the answer based on actionable document
o Allegation of usury in a complaint to recover usurious interest
Challenge due to authenticity of documents (Rule 8, Sec 8)
When an action or defense is founded upon a written instrument, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them, and sets
forth what he claims to be the facts
Oath requirement does not apply when the adverse party does not appear to be a party to the instrument or
when compliance with an order for an inspection of the original instrument is refused
(Formal Requirements)
Filing and Service of Pleadings, Motions and Orders
Amendments
In general (Rule 10, Sec 1)
Done by adding or striking out an allegation, or the name of any party, or by correcting a mistake in the name of a
party or a mistaken or inadequate allegation or description in any other respect
Purpose: so actual merits of the controversy may be speedily determined, without regard to technicalities, and in
the most expeditious and inexpensive manner
Liberality
Barfel Devt Corp vs. CA (223 SCRA 268)
o The amendment sought by respondents which is to include a new party defendant at a late stage in
the proceeding is not a formal but a substantial one.
Form (Rule 10, Sec 7)
When amended, a new copy of the entire pleading incorporating the amendments, which shall be indicated by
appropriate marks, shall be filed
Effect (Rule 10, Sec 8)
Supersedes the pleading that it amends
Admissions in superseded pleadings may be received in evidence against the pleader
Claims or defenses alleged therein not incorporated in the amended pleading shall be deemed waived
Kinds
Formal amendments (Rule 10, Sec 4)
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 the court‘s initiative or upon motion,
Provided no prejudice is caused to the adverse party
Substantial amendments
Matter of right (Rule 10, Sec 2)
Party may amend his pleading once as a matter of right:
o At any time before a responsive pleading is served, or
o In case of a reply, at any time w/in 10 days after it is served
Defendant may amend his answer before an answer to his counterclaim is served by plaintiff if there is
counterclaim, or before reply has been served by plaintiff if answer contains no counterclaim
Matter of discretion (Rule 10, Sec 3)
Substantial amendments may be made only upon leave of court
Leave may be refused if it appears to the court that motion was made w/ intent to delay
Made upon motion filed in court, and after notice to the adverse party, and an opportunity to be heard
Prohibition against the amendment:
o When the court has no jurisdiction over the case and the purpose of the amendment is to confer
jurisdiction on the court
o If there was no cause of action at the time of the original complaint and the purpose of the
amendment is to introduce a subsequently accrued cause of action
To conform to evidence (Rule 10, Sec 5)
When issues not raised by pleadings are tried w/ the express or implied consent of the parties, they
shall be treated in all respects as if raised in the pleadings
Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to
raise these issues may be made upon motion of any party at any time, even after judgment
Failure to amend does not affect the result of the trial of these issues
Bill of Particulars/Intervention
Rule 14
Summons
Rule 15
Motions
In general (Sec 1)
Motions – application for relief other than by a pleading
Form (Sec 2)
All motions shall be in writing except those made in open court or in the course of a hearing or trial
Generally (Sec 10)
Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature and
other matters of form
May be oral (Sec 2)
―x x x those made in open court or in the course of a hearing or trial‖
Motion for leave (Sec 9)
A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be
admitted
Prohibited motions
a. Motion to dismiss the complaint or to quash the complaint or information on the ground of lack of
jurisdiction over the subject matter, or failure to refer the case to the Lupon.
b. Motion for a bill or particulars
c. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
d. Petition for relief from judgment;
e. Motion for extension of time to file pleading, affidavits, or any other paper;
f. Memoranda;
g. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
h. Motion to declare the defendant in default;
i. Dilatory motions for postponement;
j. Reply;
k. Third-party complaints;
l. Interventions.
Contents (Sec 3)
1. Relief sought to be obtained
2. Grounds relied upon
3. Supporting affidavits and other papers if required by the Rules or necessary to prove facts alleged therein
Omnibus motion rule (Sec 8)
Omnibus motion – a motion attacking a pleading, order, judgment or proceeding
Omnibus motion rule – the motion filed shall include all objections then available, and all objections not so
included shall be deemed waived
Exceptions (Rule 9, Sec 1)
General Rule: Defenses and objections not pleaded either in a motion to dismiss or in an answer are deemed
waived
Exception: When it appears from the pleadings or the evidence on record that:
o The court has no jurisdiction over the subject matter;
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o There is another action pending between the same parties for the same cause; or
o The action is barred by a prior judgment or by statute of limitations;
The court shall dismiss the claim
Notice of hearing (Secs 4, 5)
Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written
motion shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as
to ensure its receipt by the other party at least 3 days before the date of hearing, unless the court for good cause
sets the hearing on shorter notice (Sec 4)
Notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing
which must not be later than 10 days after the filing of the motion
Rule 16
Motion to Dismiss
Grounds (Sec 1)
a. Court has no jurisdiction over the person of the defending party;
b. Court has no jurisdiction over the subject matter of the claim;
c. Venue is improperly laid;
d. Plaintiff has no legal capacity to sue;
e. There is another action pending between the same parties for the same cause;
f. Cause of action is barred by a prior judgment or by the statute of limitations;
g. Pleading asserting the claim states no cause of action;
h. Claim or demand set forth in the plaintiff‘s pleading has been paid, waived, abandoned, or otherwise extinguished;
i. Claim on which the action is founded is unenforceable under the provisions of the statute of frauds; and
j. Condition precedent for filing the claim has not been complied with.
Lack of jurisdiction
Boticano vs. Chu (148 SCRA 541)
o Defect in service of summons cannot be raised for the first time on appeal. One of the circumstances
considered by the Court as indicative of waiver by the defendant-appellant of any alleged defect of
jurisdiction over his person arising from defective or even want of process, is his failure to raise the
question of jurisdiction in the Court of First Instance and at the first opportunity. Defects in jurisdiction
arising from irregularities in the commencement of the proceedings, defective process or even absence of
process may be waived by a failure to make seasonable objections. x x x. The question of jurisdiction
which was never raised before the trial court cannot be done at this stage and level
Res judicata
Del Rosario vs. Far East Bank and Trust Company (537 SCRA 571)
o ―Bar by former judgment‖ makes the judgment rendered in the first case an absolute bar to the
subsequent action since that judgment is conclusive not only as to the matters offered and received to
sustain it but also as to any other matter which might have been offered for that purpose and which
could have been adjudged therein – it is this concept that the term res judicata is more commonly and
generally used as a ground for a motion to dismiss in civil cases
o The second rule of res judicata is ―conclusiveness of judgment‖ – it refers to a situation where the
judgment in the prior action operates as an estoppel only as to the matters actually determined or which
were necessarily included therein
o Requisites of bar by former judgment
a. Finality of the former judgment;
b. Court which rendered it had jurisdiction over the subject matter and the parties;
c. It must be a judgment on the merits; and
d. There must be, between the first and second actions, identity of parties, subject matter and
causes of action
o Requisites of conclusiveness
In determining whether causes of action are identical to warrant the application of the rule of res
judicata, the test is to ascertain whether the same evidence which is necessary to sustain the
second action would suffice to authorize a recovery in the first even in cases in which the
forms or nature of the two actions are different
o A party cannot, by varying the form of action or adopting a different method of presenting his case, or by
pleading justifiable circumstances, escape the operation of the principle that one and the same cause of
action shall not be twice litigated. Authorities tend to widen rather than restrict the doctrine of res
judicata on the ground that public as well as private interest demands the ending of suits by requiring the
parties to sue once and for all in the same case all the special proceedings and remedies to which they are
entitled
No cause of action
Halimao vs. Villanueva (253 SCRA 1)
o Rule that a motion to dismiss is to be considered as a hypothetical admission of the facts alleged in the
complaint applies more particularly to cases in which the ground for dismissal is the failure of the complaint
to state a cause of action.
o The rule does not unqualifiedly apply to a case where the defendant files a MTD based on lack of jurisdiction;
improper venue; lack of capacity to sue; litis pendencia, res judicata, prescription, unenforceability or on the
allegation that the suit is between members of the same family and no earnest efforts towards a compromise
have been made. In such cases, the hypothetical admission is limited to the facts alleged in the complaint
which relate to and are necessary for the resolution of these grounds as preliminary matters involving
substantive or procedural laws, but not to the other facts of the case.
o Where the motion is based on payment, waiver, abandonment, release, compromise or other form of
extinguishment, the MTD does not hypothetically but actually admits the facts alleged in the complaint.
Tan vs. CA (295 SCRA 247)
o Although the general rule is that averments in the complaint are deemed hypothetically admitted upon the
filing of a motion to dismiss grounded on the failure to state a cause of action, it must taken into account the
equally established limitations to such rule, i.e. that a motion to dismiss does not admit the truth of mere
epithets of fraud; nor allegations of legal conclusions; nor an erroneous statement of law, etc.
o A more judicious resolution of a motion to dismiss necessitates that the court be not restricted to the
consideration of the facts alleged in the complaint and inferences fairly deducible therefrom. Courts may
consider other facts within the range of judicial notice as well as relevant laws and jurisprudence which the
courts are bound to take into account, and they are also fairly entitled to examine records/documents duly
incorporated into the complaint by the pleader himself in ruling on the demurrer to the complaint.
Statute of Frauds
Asia Production Co., Inc. vs. Pano (205 SCRA 458)
o The statute of frauds will apply only to executory rather than executed contracts. Partial execution is enough
to bar the application of the statute.
o The action in the case at bar is not for specific performance, hence the Statute of Frauds does not apply.
Even if the action were for specific performance, it was premature for the respondent judge to dismiss the
complaint by reason of the statute of frauds despite explicit allegations of partial payment.
Condition precedent
Sunville Timber Products, Inc. vs. Abad (206 SCRA 482)
o Non-observance of the doctrine of exhaustion of administrative remedies although not jurisdictional results
in lack of cause of action which is one of the grounds allowed in the Rules of Court for dismissal of the
complaint.
Who files
Defendant. Obviously.
How pleaded
Period (Sec 1)
Within the time for but before filing the answer to the complaint or pleading asserting a claim
As affirmative defense (Sec 6)
If no MTD has been filed, any of the grounds for dismissal provided for in this Rule may be pleaded as an
affirmative defense in the answer and, in the discretion of the court, a preliminary hearing may be had thereon as
if a
Remedies
If motion granted – appeal or refile complaint
If motion denied – file answer, unless without jurisdiction, in which case, Rule 65 petition
NPC vs. CA (185 SCRA 169)
o It is significant that this case is elevated to the CA and now the SC because of the denial of the
petitioner‘s motion to dismiss Meralco‘s amended petition. Unquestionably, it is but an incident to the
main case and the ordinary procedure would have been to file an answer, go to trial and if the decision is
adverse, reiterate the issue on appeal. But this general rule is subject to certain exceptions, among which
are, if the court in denying the motion to dismiss acts without or in excess of jurisdiction or with grave
abuse of discretion.
o The reason is, it would be unfair to require the defendant to undergo the ordeal and expense of trial
under such circumstances as the remedy of appeal would not be plain and adequate. More importantly,
petitioner‘s motion to dismiss is based on the ground that the complaint states no cause of action, so that
there is no need for a full blown trial
Rule 17
Dismissal of Actions
Default
Rule 9, Sec 3
Order of default
When some answer and others default (Sec 3[c])
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
Extent of relief to be awarded (Sec 3[d])
Not exceed the amount or be different in kind from that prayed for nor award unliquidated damges
Where not allowed (Rule 9, Sec 3[e])
If the defending party in an action for annulment or declaration of nullity of marriage or for legal separation fails
to answer, the court shall order the prosecuting attorney to investigate whether or not a collusion between the
parties exists, and if there is no collusion, to intervene for the State in order to see to it that the evidence
submitted is not fabricated
Procedure after order of default (Sec 3, first par.)
Court shall proceed to render judgment granting the claimant such relief as his pleading may warrant, unless the court
in its discretion requires the claimant to submit evidence – such reception of evidence may be delegated to the clerk of
court
Remedy from order of default
Motion to set aside (Sec 3[b])
Nature (Sec 2)
Mandatory!
Court shall consider:
a. Possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
b. Simplification of issues;
c. Necessity or desirability of amendments to the pleadings;
d. Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
e. Limitation of number of witnesses;
f. Advisability of a preliminary reference of issues to a commissioner;
g. Propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a
valid ground therefor be found to exist;
h. Advisability or necessity of suspending proceedings;
i. Such other matters as may aid in the prompt disposition of the action
When (Sec 1)
After the last pleading has been served and filed, it shall be the plaintiff‘s duty to promptly move ex parte that the case
be set for pre-trial
LCK Industries Inc. vs. Planters Development Bank (538 SCRA 634)
o The conduct of pre-trial in civil actions has been mandatory as early as 01 January 1964 upon the effectivity
of the Revised Rules of Court. Pre-trial is an answer to the clarion call for the speedy disposition of cases.
Hailed as the most important procedural innovation in Anglo-Saxon justice in the nineteenth century, pre-
trial is a device intended to clarify and limit the basic issues between the parties.
o The purpose of entering into a stipulation of facts is to expedite trial and to relieve the parties and the court
as well as of the costs of proving facts which will not be disputed on trial and the truth of which can be
ascertained by reasonable inquiry.
o While the parties, to obviate the element of surprise, are expected to disclose at the pre-trial conference all
issues of law and fact they intend to raise at the trial, in cases which the issue may involve privileged or
impeaching matters, or if the issues are impliedly included therein or may be inferable therefrom by necessary
implication to be integral parts of the pre-trial order as much as those that are expressly stipulated, the general
rule will not apply.
Requirements for Appearance (Sec 4)
Duty of the parties and their counsel to appear at pre-trial
Non-appearance of a party may be excused only if a valid cause is shown therefor or if a representative shall appear in
his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of facts and of documents.
Procedure
Duty to set (Sec 1)
Duty of the plaintiff to promptly move ex parte that the case be set for pre-trial
Effect of I.A.1.2, A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in
the Conduct of Pre-Trial and Use of Deposition-Discovery Measures), which took effect on August 16, 2004
Within 5 days from date of filing of reply, plaintiff must promptly move ex parte that the case be set for pre-trial
conference.
If plaintiff fails to file said motion within the given period, the branch clerk of court shall issue a notice of pre-
trial
Notice (Sec 3)
Shall be served on counsel, or on the party who has no counsel
Counsel served with such notice is charged with the duty of notifying the party represented by him
Pre-trial brief required (Sec 6)
File with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least 3 days
before the date of pre-trial, their respective pre-trial briefs which shall contain, among others:
Consequences
Order (Sec 7)
Rule 20
Calendar of Cases
Calendar (Sec 1)
Clerk of court, under the direct supervision of the judge, shall keep a calendar of cases for pre-trial, for trial, those
whose trials were adjourned or postponed, and those with motions to set for hearing
Preferences (Sec 1)
Given to habeas corpus cases, election cases, special civil actions, and those so required by law
Assignment of cases (Sec 2)
Done exclusively by raffle
Done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be
present
Rule 22
Computation of Time
(Sections 1 and 2)
Rule 30
Trial
Subpoena, Rule 21
Subpoena – process directed to a person requiring him to attend and to testify at the hearing or the trial of an action,
or at any investigation conducted by competent authority, or for the taking of his deposition
Subpoena duces tecum – process directed to a person requiring him to bring with him any books, documents, or
other things under his control (Sec 1)
By whom issued (Sec 2)
a. Court before whom witness is required to attend;
b. Court of the place where the deposition is taken;
c. Officer or body authorized by law to do so in connection with investigations conducted by said officer or body;
or
d. Any Justice of the SC or of the CA in any case or investigation pending within the Phils.
When application for a subpoena to a prisoner is made, the judge or officer shall examine and study carefully such
application to determine whether the same is made for a valid purpose
No prisoner sentenced to death, reclusion perpetua or life imprisonment and who is confined in any penal
institution shall be brought outside the said penal institution for appearance or attendance in any court unless
authorized by the SC
Form and contents (Sec 3)
Shall state name of the court and title of action for investigation
Directed to the person whose attendance is required
In the case of subpoena duces tecum – a reasonable description of the books, documents or things demanded
which must appear to the court prima facie relevant
Quashing a subpoena (Sec 4)
Quashing a subpoena duces tecum: Upon motion promptly made and, in any event, at or before the time
specified therein if it is unreasonable and oppressive, or the relevancy of the books, documents or things does not
appear, or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the
production thereof
Quashing a subpoena ad testificandum: on the ground that the witness is not bound thereby
In either case, subpoena may be quashed on the ground that the witness fees and kilometrage allowed by the
Rules were not tendered when the subpoena was served
Subpoena for depositions (Sec 5)
Proof of service of notice to take deposition, as provided in sections 15 and 25 of Rule 23, shall constitute
sufficient authorization for issuance of subpoenas for persons named in said notice by the clerk of court of the
place in which the deposition is to be taken
Clerk of court shall not issue a subpoena duces tecum to any such person without order of the court
Service (Sec 6)
Made in the same manner as personal or substituted service of summons
Conduct
Order of trial (Sec 5)
Subject to the provisions of sec 2, Rule 31 (separate trials), and unless the court for special reasons otherwise
directs, trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:
o Plaintiff shall adduce evidence in support of his complaint;
o Defendant shall adduce evidence in support of his defense, counterclaim, cross-claim and third-party
complaint
o Third-party defendant, if any, shall adduce evidence of his defense, counterclaim, cross-claim and fourth-
party complaint;
o Fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them;
o Parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support
of their defense in the order to be prescribed by the court;
o Parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in
the furtherance of justice, permits them to adduce evidence upon their original case; and
o Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs
the parties to argue or to submit their respective memoranda or any further pleadings
If several defendants or third party defendants and so forth, having separate defenses appear by different counsel,
the court shall determine the relative order of presentation of their evidence
Agreed statement of facts (Sec 6; Rule 18, Secs 2(d), 7)
Parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for
judgment on the facts agreed upon, without the introduction of evidence.
If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order
as the court shall prescribe.
Court shall consider the possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof (Rule 18, Sec 2(d))
Record of pre-trial (Rule 18, Sec 7)
Statement of judge (Sec 7)
Lack of cause of action may be cured by evidence presented during the trial and amendments to conform to the evidence
Swagman Hotels & Travel, Inc. vs. CA (455 SCRA 175)
o The curing effect under Section 5 of Rule 10 of the 1997 Rules of Civil Procedure is applicable only if a cause
of action exists at the time the complaint is filed, but the complaint is defective for failure to allege the
essential facts.
o For example, if a complaint failed to allege the fulfillment of a condition precedent upon which the cause of
action depends, evidence showing that such condition has already been fulfilled when the complaint was filed
may be presented during the trial, and the complaint may accordingly be amended thereafter. Thus in Roces
vs. Jalandoni, the SC upheld the trial court in taking cognizance of an otherwise defective complaint which
was later cured by the testimony of the plaintiff during the trial. In that case, there was in fact a cause of
action and the only problem was the insufficiency of the allegations in the complaint.
o A complaint whose cause of action has not yet accrued cannot be cured or remedied by an amended or
supplemental pleading alleging the existence or accrual of a cause of action while the case is pending.
Rule 33
Demurrer to Evidence
After the plaintiff has completed presentation of his evidence, defendant may move for dismissal on the ground that upon
the facts and the law, the plaintiff has shown no right to relief
If his motion is denied, he shall have the right to present evidence
If the motion is granted but on appeal the order of dismissal is reversed, he shall be deemed to have waived the right to
present evidence.
Rule 34
Judgment on the Pleadings
Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party‘s pleading, the
court may, on motion of that party, direct judgment on such pleading
However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in
the complaint shall always be proved
Meneses vs. Secretary of Agrarian Reform (505 SCRA 90)
o A judgment on the pleadings may be sought only by a claimant, who is the party seeking to recover upon a claim,
counterclaim or cross-claim; or to obtain a declaratory relief
Distinguished from summary judgment
Diman vs. Alumbres (299 SCRA 459)
o
Judgment on the Pleadings Summary Judgment
A judgment on the facts as pleaded Judgment on the facts as summarily proven by
affidavits, depositions or admissions
There is no ostensible issue at all, but the absence of Issues apparently exist – facts are asserted in the
any because of the failure of the defending party‘s complaint regarding which there is as yet no
answer to raise an issue admission, disavowal or qualification; or specific
denials or affirmative defenses are in truth set out in
the answer – but the issues thus arising from the
pleadings are sham, fictitious, not genuine, as shown
by admissions, depositions or affidavits
May be sought only by the claimant May be applied for by either a claimant or a
defending party
Rule 36
Judgments, Final Orders and Entry
(Sections 1 to 8)
Amendment of judgment
Before it becomes final and executory [vs. Final judgment = judgment and final order – nothing left to be done]
Eternal Gardens Memorial vs. IAC (165 SCRA 439)
o Courts have the inherent power to amend their judgments, to make them conformable to the law
applicable provided that the same have not obtained finality. In fact, motions for reconsideration are
allowed to convince the court that their rulings are erroneous and improper and in so doing, said courts
are given sufficient opportunity to correct their errors.
When is it deemed executory? Reckon appeal period, so 15 days after notice of judgment is received.
o How to compute # of days – exam question (accdg to Justice de Leon)
After it becomes final and executory
K Suarez | 2D 2008 Page 49 of 66
Civil Procedure | Justice de Leon
Nuñal vs. CA (221 SCRA 26)
o When a final judgment becomes executory, it thereby becomes immutable and unalterable. The judgment
may no longer be modified in any respect even if the modification is meant to correct what is perceived
to be an erroneous conclusion of fact or law, and regardless of whether the modification is attempted to
be made by the Court rendering it or the highest Court of the land.
o The only recognized exceptions are the correction of clerical errors or the making of so-called nunc pro
tunc entries which cause no prejudice to any party, and of course, where the judgment is void.
o Any amendment or alteration which substantially affects a final and executory judgment is null and void
for lack of jurisdiction, including the entire proceedings held for that purpose
o Remedy where the judgment has become final, for inclusion of a party-heir, is to file an independent civil
suit.
Industrial Timber Corp. vs. NLRC (233 SCRA 597)
o When after a judgment has become final and executory, it can no longer be modified or otherwise
disturbed.
o However, this principle admits of exceptions, as where facts and circumstances transpire which render its
execution impossible or unjust and it therefore becomes necessary, ―in the interest of justice, to direct its
modification in order to harmonize the disposition with the prevailing circumstances.‖
Supplemental judgment
Esquivel vs. Alegre (172 SCRA 315)
o Difference between amended judgment and supplemental judgment:
Amended judgment Supplemental judgment
Lower court makes a thorough study Does not take the place or extinguish
of the original judgment and renders the existence of the original. It only
the amended and clarified judgment serves to bolster or add something to
only after considering all the factual the primary decision. It exists side by
and legal issues and is considered an side with the original. It does not
entirely new decision which supersedes replace that which it supplements
the original decision.
o The supplemental decision in the case at bar cannot stand alone as a judgment on the merits as there was
no declaration of the respective rights of the parties
Periods (Sec 1)
For filing
Within the period for taking an appeal
Effect of motion for extension of time to file
Appeal period is interrupted by a timely motion for new trial or reconsideration
No motion for extension of time to file a motion for new trial or reconsideration shall be allowed
See also Rule 41, Sec 3, par 2; Rule 40, Sec 2, par 2
Contents
In general (Sec 2.). See also Rule 15, Sec 3
Made in writing
Stating the grounds
Written notice of which shall be served by the movant on the adverse party
Rule 15, Sec 3 – motions shall contain:
o Relief sought to be obtained
o Grounds upon which it is based
o Accompanied by supporting affidavits and other papers – if required by the Rules or if necessary to
prove facts alleged
Motion for new trial (Sec 2, par 2)
If ground is FAME – motion shall be supported by affidavits of merits which may be rebutted by affidavits
If ground is newly discovered evidence – motion shall be supported by affidavits of witnesses by whom such
evidence is expected to be given, or duly authenticated documents which are proposed to be introduced in
evidence
Motion for reconsideration (Sec 2, par 3)
Point out specifically findings or conclusions of the judgment or final order which are not supported by evidence
or which are contrary to law, making express reference to the testimonial or documentary evidence or to the
provisions of law alleged to be contrary to such findings or conclusions
Pro forma motion and its effects (Sec 2, par 4)
Pro forma motion – does not follow the requirements on form
Does not toll the reglementary period of appeal
Marina Properties Corp. vs. CA (294 SCRA 273)
o An MR is deemed pro forma if it does not specify findings or conclusions in the judgment which are not
supported by the evidence or contrary to law, making express reference to the pertinent evidence or legal
provisions.
o Although an MR may merely reiterate issues already passed upon by the court, that by itself does not
make it pro forma and is immaterial because what is essential is compliance with the requisites of the
rules.
Action by court
Options in general (Sec 3)
Motion for New Trial Motion for Reconsideration
1. Set aside judgment or final order and 1. Amend such judgment or final order if:
grant new trial upon such terms as may be - Excessive damages
just - Judgment or final order contrary to
2. Deny the motion evidence or law
Appeal
Ordinary Appeal
Rule 40
MTC to RTC
(Sections 1 to 9)
Prior to the transmittal of the original record or record on appeal, MTC may
issue orders for the protection and preservation of the rights of the parties
which do not involve any matter litigated by the appeal, approve compromises,
Residual Powers
permit appeals of indigent litigants, order execution pending appeal in
accordance with sec 2 of Rule 39, and allow withdrawal of the appeal
Rule 41
RTC to CA
(Sections 1 to 13)
Residual powers (Sec 9, 5th par) – ordinarily the court would no longer have jurisdiction because the appeal is already
perfected, but:
Prior to the transmittal of the original record or record on appeal, the court may
IAPOA
o Issue orders for the protection and protection of the rights of the parties which do not involve any
matter litigated by the appeal,
o Approve compromises,
o Permit appeals of indigent litigants,
o Order execution pending appeal in accordance with sec 2 of Rule 39,
o Allow withdrawal of the appeal
Rule 42
RTC to CA
(Sections 1 to 8)
Appeal from RTC decision rendered in the exercise of its appellate jurisdiction
Ross Rica Sales Center, Inc. vs. Ong (467 SCRA 35)
o Since the unlawful detainer case was filed with the MTC and affirmed by the RTC, respondents should
have filed a Petition for Review with the CA and not a Notice of Appeal with the RTC. However, this
has been remedied by the timely filing of the MR on the following day. Sec 3, Rule 50 allows the
withdrawal of appeal at any time, as a matter of right, before the filing of the appellee‘s brief. Applying
this rule contextually, the filing of the MR may be deemed as an effective withdrawal of the defective
Notice of Appeal.
o Re: invoking People vs. De la Cruz which held that once notice of appeal is filed, it cannot be validly
withdrawn to give way to a MR: People vs. De la Cruz is a criminal case governed by criminal procedure.
In the case at bar, a petition for review before the CA is the proper mode of appeal from a decision of
the RTC. Since the filing of the notice of appeal is erroneous, it is considered as if no appeal was
interposed.
Party desiring to appeal from an RTC decision rendered in the exercise of its appellate jurisdiction may file a verified
petition for review with the CA, paying at the same time to the CA clerk of court the corresponding docket and other
lawful fees, depositing 500 for costs and furnishing the RTC and adverse party with a copy of the petition
Petition shall be filed and served within 15 days from notice of decision sought to be reviewed or of denial of
petitioner‘s MNT or MR filed in due time after judgment
Upon proper motion and payment of full amount of docket and other lawful fees and deposit for costs before
expiration of reglementary period, CA may grant additional 15 days only within which to file the petition for review
No further extension shall be granted except for the most compelling reason and in no case to exceed 15 days.
Rule 43
Quasi-Judicial Agencies to CA
(Sections 1 to 13)
Scope (Sec 1)
Rule applies to appeals from judgments or final orders of the CTA and from awards, judgments, final orders or
resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these
agencies are:
o Civil Service Commission o National Telecommunications Commission
o Central Board of Assessment Appeals o Department of Agrarian Reform under RA
o Securities and Exchange Commission No. 6657 (CARP)
o Office of the President o Government Service Insurance System
o Land Registration Authority o Employees Compensation Commission
o Social Security Commission (SSS) o Agricultural Inventions Board
o Civil Aeronautics Board o Insurance Commission
o Bureau of Patents o Philippine Atomic Energy Commission
o Trademarks and Technology Transfer o Board of Investments
o National Electrification Administration o Construction Industry Arbitration Commission
o Energy Regulatory Board o Voluntary arbitrators authorized by law
List not exclusive
Fabian vs. Desierto (295 SCRA 440)
o Section 27 of RA 6770 (Ombudsman Act of 1989) is involved only whenever an appeal by certiorari
under Rule 45 is taken from a decision in an administrative disciplinary action – it cannot be taken into
account where an original action for certiorari under Rule 65 is resorted to as a remedy for judicial
review, such as from an incident in a criminal action.
o Whenever the legislature intends that the decisions or resolutions of the quasi-judicial agency shall be
reviewable by the SC or CA, a specific provision to that effect is included in the law creating that quasi-
judicial agency and, for that matter, any special statutory court.
o Appeals from judgments and final orders of quasi-judicial agencies are now required to be brought to the
CA on a verified petition for review, under the requirements and conditions in Rule 43 which was
precisely formulated and adopted to provide for a uniform rule of appellate procedure for quasi-judicial
agencies.
o Appeals from decisions of the Office of the Ombudsman in administrative disciplinary cases should be
taken to the CA under the provisions of Rule 43.
Ombudsman criminal cases – Supreme Court via Rule 65
Garcia-Rueda vs. Pascasio (278 SCRA 269)
o While the Ombudsman has the full discretion to determine whether or not a criminal case should be
filed, the SC is not precluded from reviewing the Ombudsman‘s action when there is an abuse of
discretion.
o Being the proper investigating authority with respect to misfeasance, non-feasance and malfeasance
of public officials, the Ombudsman should have been more vigilant and assiduous in determining the
reasons behind the ―buckpassing‖ to ensure that no irregularity took place.
Cases not covered (Sec 2)
Rule shall not apply to judgments or final orders issued under the Labor Code of the Philippines
St. Martin Funeral Home vs. NLRC (295 SCRA 494)
o The Court feels that it is now exigent and opportune to re-examine the functional validity and systemic
practicability of the mode of judicial review it has long adopted and still follows with respect to decisions
of the NLRC. The increasing number of labor disputes that find their way to the SC and the legislative
Rule 45
(Sections 1 to 9)