CIVIL PROCEDURE -JUDGE

MARINAS

EXCEPTIONS FROM REFERRAL TO LUPON

1) FIRST EXCEPTION:
>Parties are residents of different Cities or Municipalities.Eg. Plaintiff is a

JUNE 13, 2013

resident of Brgy. ABC, and so is the defendant. Should they refer their
problem to the Lupon? Yes. Supposing plaintiff is a resident of Brgy. ABC

CIVIL ACTION

and respondent is a resident of Aurora Hill, should they bring the case before

>Civil Actions: Sum of Money, Recovery of Possession, Forcible Entry,

the Lupon? Yes. Even if belonging to different Brgys in the same City or

Damages, Specific Performance, etc.

Municipality, referral to the Lupon is still a must. Supposing P is from Baguio

>Multiple Issues Multiple parties

and D is from LTB, must they still refer the case to the Lupon? No more. This

>Parties: Plaintiff (Brings the Action) and Defendant (One whom action is

is an exception.

brought against)
>Whoever is aggrieved must have a Cause of Action (COA)

>Take note that no lawyer must appear as a counsel before the Lupon. What

>COA Elements:

if the plaintiff or any of the parties is incapable/ is disabled/ is incapacitated?

1. Plaintiff (petitioner) has a Right

Then can be assisted by a next of kin who is not a lawyer.Supposing there is

2. Defendant (respondent) has the obligation to respect said Right

an exception (eg. Residents of different Cities/ Municipalities), then state that

3. Defendant violates the plaintiffs Right

this case has not been referred to the Lupon because plaintiff and defendant

4. The violation causes damagesto the plaintiff

are residents of different Cities/Municipalities.

>Eg 1.Plaintiff and defendant enter into a contract of loan. The defendant
executes a promissory note (which states that loan is due on May 1, 2013).

2.) SECOND EXCEPTION:

Does the plaintiff have a right? Yes - the right to be paid.The plaintiff parted

>One of the Parties is the Government or any subdivision or instrumentality

with his money and thus has the right to be paid. (Proof is promissory note

thereof. If you are suing the Govt, Municipality, or Brgy, then bring the action

which the defendant executed). The defendant has the obligation to respect

to Court. State in the complaint that, This has not been referred to the

said right. Thus, defendant has the obligation to pay. (Considering that he

Lupon

executed the PN). Upon due date, no payment was made by defendant.

institution/subidivision/instrumentality

because

one

of

the

parties

is

Govt

Come weeks, still, no payments were made. Is there a violation of the right
of the plaintiff? YES, since the plaintiff has the right to be paid.Violation of

3.) THIRD EXCEPTION:

plaintiffs right caused damage (plaintiff loses money). Are all the elements

>One of the Parties is an Artificial Person (A creation of law, eg. Corporation,

of COA present? If yes, then there is a COA.

association, partnership, organization, etc.).State in the complaint the above

reason.

>Eg 2.Loan Due May 1, 2013. Secured January 1, 2013. March 1, 2013,
the plaintiff already made a demand for the payment. Defendant asserts due

4.) FOURTH EXCEPTION:

date on PN so he does not pay plaintiff. Plaintiff files a case. Is there a COA?

If the properties subject of the case are located in different

None. Plaintiff has the right to be paid, and defendant has the obligation to

Cities/Municipalities (Real Properties)

pay, but the latter has not yet violated the Plaintiffs right because said
violation will only come if on the due date there is no payment. Due date is
May 1, 2013, not March 1, 2013. Thus, if there is no violation, then how can
it cause damages? Thus, plaintiffs case can be dismissed for lack of cause
of action. Elements 3 and 4 of COA are not satisfied.
> The moment that a plaintiff has a COA, can he now proceed to court? NOT
YET. WHY? Remember the law on LGC (PD 1508) as to referral to the
Barangay Lupon. Barangay Lupon: Lupon Chairman (BrgyCapt). Mode by
which the Lupon gathers the plaintiff and defendant to forge a
settlement/agreement to prevent clogging of dockets of court. Even criminal
procedures penalty below 1 year and fine of P5000.00. In civil cases - ALL
CASES regardless of what nature will have to be referred to the Brgy. Lupon.
>If no settlement is reached in the Brgy, the Brgy issues a Certificate to file
action. This is to be attached in the complaint (pleading) that is to be filed
before the Court. That this case was referred to the Brgy but no settlement
has been reached, the Cert to file action is hereto attached as Annex XX
This shows compliance to referral to the Lupon.
>What is the effect if there is failure of referral to Lupon and there are no
exceptions to nonreferral? Action is dismissible under Rule 16, Par J
Failure to comply with the condition precedent Referral to the Lupon is a
condition precedent (Grounds for Motion to Dismiss are contained in Rule 16
Pars. A-J). The only ground where nonreferral to the lupon is clearly stated
as a ground is found in the Rules of Summary Procedure (Rule 70 pa, under
Forcible Entry and Unlawful Detainer)

VENUE
1.) BARANGAY:
>If parties reside in different Brgys (Same City/Municipality), then complaint
may be brought before either BrgyLupon (under the law, any of the 2
Lupons).
>For enforcement of settlement, it is much better that said complaint is
brought before a defendants Brgy.Eg. Plaintiff (Brgy.ABC) and Defendant
(Aurora Hill).May 1, 2013, demand letter was ignored. Plaintiff brings case
before Aurora Hill Lupon. Lupon calls for the defendant and a settlement is
reached. Plaintiff allows defendant to pay in installment (1st installment June
10, and every 10th of the month thereafter P20,000.00). Defendant binds
himself to do so. Settlement signed by plaintiff and defendant. (The moment
a settlement is reached in the Brgy, it becomes final and executory from the
execution of the settlement within 10 days. If neither would question or
repudiate the settlement after the end of the 10-day period, the agreed
settlement becomes final and has the binding force and effect of a decision
between the parties. If there is repudiation, then get a Certificate of no
action and file the case in court.
>Whose responsibility is it to enforce the settlement in the Brgy? The
Lupon.The Lupon will find it easier to enforce settlement against their own
constituent and thus avoid inconvenience and delay.

>Another scenario. Eg. Defendant pays for 2 months but then fails to pay
later. The BrgyLupon has 6 months to enforce settlement. 6 months went by

1.) RTCs Exclusive Jurisdiction would cover actions that are incapable of

and still no payment. Brgy. Is helpless and cant enforce. What is the

pecuniary estimation (PE).Pecuniary capable of being equated with

Remedy of plaintiff? He can now go to Court.File for the Enforcement of a

money. (eg. Specific Performance)

Brgy Settlement.(Like implementing a decision).If the COA arises from the

business place, workplace, or school, the case can be filed the the Lupon

>Eg. Contract with an Engineer to build a house. Contract period expired but

where said places are located.

house is still unfinished. Four posts were agreed upon but only 3 posts were
made. A year was given for the completion; however, the year has lapsed,

2.) COURT (with COA)

with money having been given and the house unfinished. What are the COA

>Jurisdiction- Authority of a court to hear and determine a case.Authority is

incapable of PE? If the COA is for the Engineer to finish the house as agreed

given by the law (BP 129 as amended by RA 7651). Jurisdiction can either

upon, then it is incapable of PE, as it is Specific Performance (Principal) plus

be Original or Appellate. Original- Court can hear it for the first time.

Damages (Incidental). Thus, the case is to be filed before the RTC.

Exclusive Original Jurisdiction- A Court that can solely hear a case.

Concurrent OJ- Several Courts can hear a case. Appellate- Case has been

>2 VIEWS/TESTS of determining whether a case is incapable of PE.

decided by another court but a second look is given

>1. Nature of the Action Test (NAT): Read the complaint (Eg. Specific
Performance I want my house completed). Above example is incapable of

LEVELS OF COURTS

PE

1.) FIRST LEVEL COURTS(MTC)- Formerly Justice of Peace. They all

>2. Ultimate Objective Test (UOT):

have the same jurisdiction

complainant.

Look at the ultimate goal of the

>Municipal Trial Court (MTC) In capital towns. Municipal Circuit Trial Court
(MCTC)- Two or more adjoining Municipalities are circuitized and grouped

>Eg. Plaintiff entrusted his certificate of stocks to the defendant because the

together where there is only one Court, located in the town/municipality

former had to leave for abroad. After years petitioner comes home and asks

closest to civilization or the town that has the biggest population. (MCTC of

defendant to turn over the Certs of Stocks. Defendant avoids petitioner, and

Municipality A, Municipality B, and Municipality C, etc). Metropolitan Trial

the latter goes to the company that issued the stocks and gets surprised that

Court (MeTC)- Only in Metro Manila (only one court with several branches).

he did not have any share in the company, that these have been cancelled

Municipal Trial Court in Cities- One in each city with several branches

and are now in the name of the defendant. The defendant executed a DOS
purportedly from the plaintiff to the defendant forging the signature of the

2.) REGIONAL TRIAL COURT (RTC)- Formerly referred to as the CFI

Plaintiff making it possible the cancellation and transfer to the defendant.

>Country is divided into Judicial Regions (Baguio belongs to the 1st Judicial

Plaintiff files a case of Cancellation of Certificates of Stocks in the name of

Region). One RTC for each Judicial Region, with several branches.

defendant, Declaration of Nullity of the Deed of Sale, and Damages.

>Using the Nature of the Action test, is it now capable or incapable of PE? It

3.) COURT OF APPEALS (CA)- Formerly IAC

is incapable because there is no monetary equivalent (Cancellation,

>One per major island. 69 justices in the CA (1 division = 3, 23 all in all).

Declaration). Thus, file this with the RTC.

Head of CA is the Presiding Justice

>Using the Ultimate Goal (End Goal). If the End Goal is money, then the
case is capable of PE. What does the defendant want in the end? He wants

4.) SUPREME COURT (SC)

the certificate of stocks back to his name. What do the Certificates of Stocks

>15 justices. Can sit en banc, in different divisions depending on what is

represent? Shares in the company, which means money is invested in the

being decided. Chief Justice of the Philippines

company. The Certificates of Stocks represent an amount (shares). Thus,

the Ultimate Objective of the Plaintiff is to get back the monetary value of the
Certificate of Stocks. Thus if the Ultimate Objective Test is used, then the

JUNE 19, 2013

FIRST HOUR

case is capable of PE
> In the Philippines, the Prevailing Jurisprudence, we make use of the

>Original- Covers both Exclusive and Concurrent and Appellate Jurisdiction

Nature of the Action Test.

>In cases of Concurrent Jurisdiction, we apply the Doctrine of Hierarchy of

Expropriation Cases (Exercise of the power of eminent domain). This is a

Courts, which simply means that when Courts exercise concurrent

special action wherein the State takes private property for public use upon

jurisdiction, then file it before the lower court (Respect for the higher courts,

payment of just compensation. When NAT is applied, then the case is

lesser expenses (cheaper), and most important reason is that it affords more

incapable of PE. But if we use the UOT, then we will have to go to the

remedies of appeal.

assessed value of the property, and the value would then set jurisdiction.

>There is only one case under the original and exclusive jurisdiction of the

But the SC settled the issue in a case saying that it is the NAT that prevails

CA (Annulment of RTC judgments)

since Expropriation is incapable of PE, thus filed before the RTC regardless
of the value of the property.

JURISDICTION
2.) Recovery of Real Property (or ownership of real property or any interest

RTC
>Does it have an original and appellate jurisdiction? YES. Under original,
does it have exclusive jurisdiction? Yes. How about concurrent? Yes. RTCs
concurrent jurisdiction is with the CA and the SC as to petition for Certiorari,
petitions of Mandamus for MTCs. RTCs concurrent jurisdiction with the SC
would involve actions affecting ambassadors, consuls, and ministers.

therein).

Eg. Acion Publiciana (Recovery of Possession) vs Acion

Reinvindicatoria (Recovery of Ownership). Whether the former or later for a

real property or any interest therein, the assessed value of the real
property must be determined(refer to the TAX DECLARATION of the
property, whether or not covered by a title. Tax declarations are not proofs of
ownership; rather, they only show that they are paying taxes over said

property) Shows good faith that person intends to own the property. Real

probated. 2 stages, 1st whether will was executed as required by law.

property taxes are paid every year. Assessed Value is not the same as

2nd- ). Look at the GROSS VALUE of the Estate of the deceased (total

Market Value. Market Value is always higher. Market value is the amount

value). Afterwards, apply jurisdictional amounts.

that the seller is willing to accept and the buyer is willing to pay. It is not
constant (fluctuates depending on prevailing conditions). Assessed Value,

5.) Claims for damages (and Monetary claims- contracts involving money,

however, is constant (unless tax mapping is made depending on changes,

like a Promissory Note) or Actions involving personal property (movables).

wherein assessed value may change). Assessed Value is used to determine

Eg. Car borrowed but was never returned, then file Recovery of Personal

Court Jurisdiction because it is a constant figure.

Property (No theft, because property was lent with consent). Basis would
be Jurisdiction Amounts (amount of damages or value of personal

>If the assessed value is above P20,000.00, file before the RTC. If the

property).

assessed value is P20,000.00 and below, file before the MTC. This refers

interests, the penalties, the surcharges. It is only the principal amount that

If Monetary Claims, to determine jurisdiction, exclude the

only to places outside Metro Manila.>In Metro Manila, above P50,000.00

will determine jurisdiction. But if damages, add everything to determine

for RTC, and P50,000.00 and below for MeTC. Standards of Living in

jurisdiction.

Manila is much higher.

>Eg.

Collection of sum of money (MONEY CLAIM PROM NOTE).

>Remember, or any interests therein. Eg.Moving Fence. Plaintiff files a

Principal obligation is P150,000.00. Since there is delay, interest is in the

case for Recovery of Possession of land encroached upon. Assessed value

amount of P50,000.00. In the Promissory Note, there are also Penalties and

of the entire property of the plaintiff is P50,000.00. Thus, petitioner filed

Surcharges for delay amounting to P100,000.00.

before RTC. Defendant moves for Motion to Dismiss because he alleges

P107,000.00. Total of P407,000.00. Where to file? MTC, because we will

that the RTC has no jurisdiction. Defendant alleges that 50m2 of land does

only consider the principal amount of the loan which is P150,000.00. The

not amount to P50,000.00, but only P5,000.00, thus to be filed before the

term used by the law is other cases where the demand exclusive of interest,

MTC. Therefore, defendant alleges that the case is to be dismissed for lack

damages, attorneys fees, litigation expenses..

Attorneys fees of

of jurisdiction. (Can the court, on its own, without any motion, dismiss a case
when it has no jurisdiction? YES). You are now the Judge. Will you grant the

>Eg. But if it is a claim of damages Actual damages of P150,000, Moral

motion? No. Deny the motion to dismiss because the court has jurisdiction.

damages of P150,000, Attorneys Fees of P107,000, amounting to

The Law says that, recovery of property or ownership or any interest therein

P407,000.00. File before the RTC. Include all because we are dealing with

the assessed value prevails. So it doesnt matter whether you are after

damages. (No interests because damages). Total amount determines

the entire property or just a portion. What you look at is the assessed value

jurisdiction.

of the entire value of the property. The law was not created in order to
provide that every time there is a portion involved, mathematical calculation

6.) All cases not falling within the jurisdiction of any other courts, tribunals,

is then called for. The intent of the law is to take the entire assessed value of

quasijudicial agencies, or administrative agencies, file before the RTC

the property into consideration.

COURT OF GENERAL JURISDICTION.

>When asked in the quiz or exam about the problem above, answers

7.) Intracorporate Controversies, Intercorporate controversies, disputes

must always be authoritative (must have basis). Avoid using phrases

between stockholders against stockholders, disputes between stockholders

such as in my opinion because no one cares, unless you are an

against the corporation, etc. All under the jurisdiction of the RTC (previously

expert witness. When asked to rule on a motion, either grant or deny.

under jurisdiction of SEC)

NEVER DISMISS. Eg. I will deny the motion because the RTC has
jurisdiction. Under the law granting jurisdiction to courts, it states that

>Appellate Jurisdiction of RTC- Over decisions of the MTC within their

recovery of ownership or possession of any real property or any

respective territories.

interest therein, the assessed value should determine the jurisdiction

of the court. Even if he is only claiming an interest in the property, the

MUNICIPAL TRIAL COURT:

law (no need to give specifics) says that it is the assessed value of the

>Does the MTC have Original and Exclusive Jurisdiction? Yes. How about

entire property to be considered. Since the assessed value of the

Original and Concurrent Jurisdiction? None.

entire real property is P50,000.00, which is above P20,000.00, then the

Jurisdiction? None. (Ejectment Cases) Forcible Entry (Action interdictal),

RTC

COMPLETE,

Unlawful Detainer.Do not look at the assessed value. Forcible Entry-

COMPREHENSIVE, and AUTHORITATIVE.Avoid qualifying if facts are clear.

Illegal intrusion of property, unlawful deprivation of property thru (Force,

has

jurisdiction.MAKE

YOUR

ANSWERS

How about Appellate

Intimidation, Strategy, Threat, Stealth). Unlawful Detainer- Lawful entry.

SECOND HOUR

Upon renewal of contract, owner refuses and asks tenant to leave. Tenant
refuses to leave even with non-renewed lease contract. Illegally detaining
Law of the

property? YES. Owner can file a case of unlawful detainer. Since tenant

Sea.Jurisdictional amount of Courts: Look at the amount of the claim. If

also refuses to pay rent, this accumulates up to P600,000.00. Can the MTC

the claim is above P300,000.00, then it belongs to the RTC. (In Metro

take jurisdiction? YES. Regardless of the amount, because the case belongs

Manila RTC, above P400,000.00). However, if P300,000.00 and below, then

to the original and exclusive jurisdiction of the MTC. Forcible Entry and

MTC (In Metro Manila MeTC, P400,000.00 and below). Eg. Your cargo is

Unlawful Detainer are also special proceedings to be discussed in meeting

jettisoned off of a ship and you want the shipper to pay it. Determine the

before the final exams (Under Rules on Summary Proceedings). Recovery of

amount of the cargo to arrive at its jurisdiction.

Possession/Ownership of Real Property with an assessed value of

3.)

Actions in Admiralty or Maritime Jurisdiction.

P20,000.00 outside Metro Manila (P50,000.00 and below within Metro

4.) Matters of Probate, whether testate or intestate (settlement of estates).

Manila MeTC). Admiralty and Maritime Jurisdiction with a Jurisdictional

Apply the same Jurisdictional Amount. (No will shall pass property unless

Amount of P300,000.00 and below (P400,000.00 and below MeTC).

Probate of Estate Gross Value of the Estate as to Jurisdictional

penalties, and attorneys fees emanating from the principal loan. What did

Amount.Damages Jurisdictional Amount.

he do? He broke the rule of 1COA=1CVA.

What happened was

1COA=2CVA. Is that allowed? No. That is the concept of SPLITTING A

FAMILY COURTS:

SINGLE CAUSE OF ACTION.

>Most cases under said courts are mostly criminal procedures or under

>There is a SPLITTING if there is only 1 right violated. There should only

special proceedings, and not under civil procedures. The Family Courts, as

be one case related to one right violated. In the first case in the above

envisioned by the law, have not yet come into existence ( no budget daw).

example, the right of the plaintiff to be paid was violated. How about in the

So the SC designated RTCs to be Family Courts.

second case? The same The right to be paid. When we say the right to

>There should be a Family Court in each City and Province (Capital Town) of

be paid, it does not only include any principal amount, but all subsequent

the Country. If the Capital Town is also a City, then that is where the FC is to

amounts by virtue of the principal amount because when there is no principal

be found.

amount, then there are no interests, surcharges, penalties, or attorneys fees

>Jurisdiction in criminal cases- Where the accused is a minor / victim is a

to talk about. The only reason why the latter came into existence is because

minor.

of the principal amount. Therefore, there is only 1 COA = 1 CVA.

>RTC 6 years, 1 day and up. MTC 6 years and below.

>What is the result then when there is a SPLITTING? THE SECOND

>Eg. Crime is Reckless Imprudence (under Art. 365 of RPC ) resulting in

CASE WILL BE DISMISSED. On what ground?None. (Refer to Rule 16

homicide. A 4-year-old was sideswiped. Parents file a criminal case.

again and Rule 2 Lack of COA). However, since splitting does not belong

Accused is an adult. Accused raised Motion to Dismiss for lack of jurisdiction

to any of those grounds mentioned, the 2nd case is dismissed due to RES

daw. He says that he is not a minor, and that private complainant are not

JUDICATA in relation to the first case disposed of. If the first case is still

minors as well. NO. Victim is a minor (Law uses the term victim, not private

pending at the time the second case is filed, the GROUND FOR DISMISSAL

complainant). There is a difference between victim and private complainant.

IS LITIS PENDENTIA.

(MTC has jurisdiction over all reckless imprudence cases regardless of the

>One COA is equivalent to only one Civil Action. For every right violated, we

resulting injury.

can only file one case to enforce that right that has been violated.

>When does the RTC have jurisdiction over Reckless Imprudence? When

Otherwise, if we split a single COA, the second case will be dismissed.

accused abandons the victim, or death occurs, and at the time of Reckless

>However, there is also a rule that says 2 or more COA is equal to 1 CVA.

Imprudence the accused was violating any traffic laws).

>Always remains 1 CVA, regardless whether 1 or several COA. Splitting of

>Eg. There are 5 accused ages 16, 21, 23, 25, and 26. Where to file the

COA vs Joinder of COA

case? Family Court.

>Joinder of COA: The regular Joinder one plaintiff and one defendant, but

>Civil Cases- In the Family Court, a civil case may be filed as to Annulment

plaintiff has several rights violated by the defendant. Because he has

of Marriage, Legal Separation, etc. Anything involving the Family goes to the

several rights violated, he can file one case for every right violated. This is to

Family Court.

avoid multiplicity of suits (avoid splitting).

>Eg. The plaintiff wants to sue defendant for: Unpaid loan (right to be paid),

SPECIAL JURISDICTION OF THE MTC

>In criminal law, every person has the right to bail (unless for capital offenses
and evidence of guilt is strong).
>Eg. A person is charged with homicide. Is homicide bailable? Yes. Murder
is not. But we can apply for bail and prove that the evidence of guilt is not
strong. Now accused is in jail and wants to post bail. But no judges are
available. The only one left is an MTC judge. However, the MTC has no
jurisdiction over Homicide (Reclusion Temporal 12 years, 1 day to 20
years). Still, accused wants to post bail. (Its easier to kill your wife than to
kill her). The MTC judge can step in Special Jurisdiction only in the
absence of all the RTC judges.

failure to return car (recovery of personal property right to recover

property). Two separate cases may be filed. However, under Joinder, he
can file 1 case For collection of sum of money and recovery of personal
property.
>Eg. A, B, and C are all passengers of a bus. Along the way, the bus met an
accident (bumped the mountain) so passengers were not able to reach their
destination and also suffered injuries. Passengers wanted to file a case of
damages against bus company (each sustaining damages amounting to A100k, B-100k, and C-100k). Is it possible for each to separately file cases
against bus company? Yes. (All MTC due to amount). However, can the 3
passengers file together? Yes. Joinder of Actions. Where? Individually,
MTC. However, if they jointly file it and its all for damages, apply the Totality
Rule: In cases of monetary claims and damages, the total amount of the

JUNE 20, 2013

claim shall determine the jurisdiction of the court (100k + 100k + 150k =
350k, thus RTC). This joinder of actions, however, is only permissive.

>Land Registration RTC (Regardless of the Assessed Value, which does

not need to be alleged). Proceedings in rem (action versus the whole world)

>Joinder of Actions rule Limitations.

>First Limitation is that there should be a proper joinder of

COA- Now, with a COA, we can now file a Civil Action

parties. Is there a common question of fact and law? If yes, then there is

>RULE: 1 COA is equal to 1 Civil Action (1 right violated, 1 civil case to file.

proper joinder of parties. Second, there must be a common question of law.

Avoid Forum Shopping)

Is there? Yes. Breach of contract of carriage.

>Eg. Plaintiff files a case against defendant for Sum of Money based on a

>Eg. Plaintiff is an owner of a hardware store. He discovers in

PN. That was the first case filed. In this first case of Sum of Money, the

his books that there are several unpaid accounts. A has an unpaid account

plaintiff in complaint was collecting the principal loan of P100,000.00. Since

amounting to P10,000.00 (former employee ran away). B also has several

it is P100,000.00, where to file? MTC. So he files it there. Judgment is

unpaid amounting to P20,000.00 (loan - ran away and diszappeared). C

rendered in his favor. After he won, he realizes how stupid he is because he

has an account amounting to P30,000.00 (roving salesman, did not remit

only asked for the principal amount. He wonders about the interests, the

payments agent).

surcharges, the attorneys fees, etc. So, he files a second case against

defendants separately? Yes. But can he file one case pursuant to the joinder

same defendant for Sum of Money collecting the interests, surcharges,

Can hardware store file individual cases against

of actions rule against A, B, and C?

No. Because no common question of

fact and law. Thus, store owner must file separately.

>Second Limitation- Jurisdiction.

However, such limitation

employee relationships because such belongs to another jurisdiction. No

joinder. RTC will take cognizance over action for recovery of personal
property but dismiss the claims for unpaid salaries for lack of jurisdiction.

would usually come when one case belongs to the MTC while the other to
the RTC.

>Third Limitation- Venue.

Do not confuse Venue with

Jurisdiction.
>Eg. Plaintiff sum of money (P400,000.00 - RTC) and recovery

>Jurisdiction What court? MTC?RTC? That is jurisdiction.

of possession of a parcel of land (assessed value of P10,000.00 -MTC ).

>Venue Where is that Court? Place / Address

Since plaintiff believes that the land case is more controlling, he files both

>Eg. RTC (jurisdiction), La Trinidad, Benguet (venue).

cases in the MTC (for sum of money and recovery of possession). Is there a

>Distinguish whether action is a real action or a personal action.

proper joinder? None.

The MTC will dismiss the first case (lack of

jurisdiction, and not misjoinder) and proceed against the 2nd case.
>Eg. A, B, and C. (None. Separate jurisdictions under the rule,

>Real Action Anything involving real property. (eg. Recovery of

possession of real property / ownership / accionreinvidicatoria /
acionpubliciana / judicial forclosure of REM

resulting to Misjoinder of Causes of Action. The rule says that Misjoinder is

>Rule for Real Action Where the real property is located. If the

not a ground for dismissal of the case, but the court will separate the

real property is in Baguio, then the venue must be in Baguio. Eg.Action for

misjoinder, and the court will proceed against each.

Recovery of a Real Property. The assessed value is P10,000.00, in Baguio

>Eg. Plaintiff (Recovery of Property P30,000.00 and Sum of

City. Where to file? MTC of Baguio.

Money P100,000.00). Plaintiff wants to join these COA so he files them

>Personal Action (A real action is any action involving real

before the RTC bec assessed value of the property is P30,000.00 which is in

property. All others are PERSONAL) where no real property is involved.

the jurisdiction of the RTC. However, the sum of money is within the juris of

Eg.Specific performance, collection of sum of money, damages, breach of

the MTC. Can this be? Yes. Because the RTC is a court of General

contract.

Jurisdiction can award amounts lower than its jurisdictional amount. Is

residence, at the option of the plaintiff. If there are several defendants,

there a limit of the amount that the RTC can award? None. The MTC has a

plaintiff must choose the majority address where most of the defendants

limit though.

reside.

>Basic Rule- Jurisdiction is conferred by law (BP 129 as amended by RA

7651), but determined by the allegations in the complaint. It is not for the

As to venue, it is either plaintiffs residence or defendants

>Residence Where person is actually found. As opposed to

domicile, this is where a person intends to return to.

parties to decide as to what court to file the case in.

>Plaintiff (damages 500k). Plaintiff is a resident of Baguio and

>Eg. Complainant claims total damages in the amount of P450,000.00. By

defendant is a resident of LTB. Plaintiff must file case before the RTC, either

reading the complaint and applying the Nature of the Action Test, we see that

in Baguio or LTB.

the amount is P450,000.00, which should be filed in the RTC according to

>There are special rules on venue, eg. Settlement of estate

the law. Look at the allegation for determination of jurisdiction. RTC cannot

multiple properties comprising estate. Where to file? Place where he stayed

suddenly lower the allegation and pass it to the MTC. The RTC must accept

upon death. The moment the court takes cognizance, excludes all other

based on the allegation. After trial, a decision is rendered wherein plaintiff

courts. What if he died abroad but his properties are in the Philippines? How

has not totally proven his/her COA. RTC judge found that plaintiff is only

can his heirs settle his estate? Where can they file? Where any of his

entitled to P100,000.00. The RTC thus may award P100,000.00 which is

properties are located, and when such court takes cognizance, it is to the

lower than its jurisdictional amount.

exclusion of all other courts.

>Eg. Complainant P100,000.00 filed before the MTC. It was then found

>What is the rule when there is a nonresident plaintiff/defendant?

out as supported by evidence that damages amounted to P350,000.00. Can

When plaintiff is a non-resident, he may file the rule on real action (So that

MTC award said amount? NO. P350,000.00 is beyond its jurisdictional

court can acquire jurisdiction over the res the thing or subject matter -

amount. Res judicata would set in, and plaintiff cant file another case to

property), but as to personal action, must file it where defendant resides in

recover the increased amount.

only.

>If a case is dismissed for lack of jurisdiction, said case can be filed in the
court that has jurisdiction.

>How about non-resident defendant? How can a court acquire

jurisdiction over said person? If real action, same rule. If personal action,
then where the plaintiff resides.
>How is venue a limitation on joinder of parties? Plaintiff is a

JUNE 25, 2013

FIRST HOUR

resident of BC and defendant a resident of LTB. He has a case for damages

> Recall Splitting and Joinder, both concerning the avoidance of multiplicity

against defendant in the amount of 500k (RTC). However, aside from the

of suits.

damages, he wants to recover a parcel of land located in Bauang, LU. The

>Proper Joinder of Parties There must be a common question of fact and

assessed value is 35k (RTC). All belong to the RTC. Can plaintiff join

law (common link).

damages and recovery of property? YES. But if he joins them, then where

>Joinder sum of money / damages totality of sum of claims shall apply

shall he file? RTC of LU, because the res is located there. If venue is

(totality rule).

wrong, then there is improper venue. He is bound by the res. But, he can

>Limit to joinder Jurisdiction Cant join 2 COAs with different jurisdictions

also file cases separately. Limitation arises when we join a real and a

applies only in the MTC, but can be done in the RTC, so long as one COA

personal action. The rules are clear as to where real actions are to be filed.

belongs to the RTC (Court of General Jurisdiction).

What if property is LU but the assessed value is 5k only (MTC). Can it be

>Plaintiff (recovery of personal property P500,000.00 RTC). Further

joined with the case for damages in Baguio? No. RTC yung nasa Baguo.

claims that defendant has not paid him his salaries for the duration of his

But supposing damages in Baguio amounts to 200K (MTC), then both can

employment as a boy Friday, claims amounting to P300,000.00. He joins

be joined in LU where the res is located. When we join a real action and a

both in the RTC. Is this possible? No. Because salaries, ER-EE relationship

personal action, we have to follow the rules (Place of real action).

fall under the jurisdiction of the NLRC. You cannot use general jurisdiction of
the RTC because it has no jurisdiction over claims arising from employer-

>Fourth Limitation- There is no joinder of an ordinary civil action

and a special civil action.

>Special Civil Action (Rule 62 on interpleader up to Rule 71).

Special because they have their own rules and peculiarities that are not

be rightfully represented. If it includes claims for damages, cant be filed as

a class suit because there is no common or general interest.

present in ordinary civil cases, making them impossible to join with ordinary

>Eg. Numerous squatters are occupying a property. Can

civil actions.Eg. Lessor files a case of unlawful detainer (Special) against

they be sued in a class suit? No. (They may be too numerous, but

tenant, plus damages as to unpaid rent and reasonable attorneys fees.

there is no common or general interest). Each squatter is interested

However, lessor discovers that tenant accumulated unpaid water bills, phone
bills, etc totaling to 200k. Is there a proper joinder? No. Unlawful detainer is
a SCVA, while damages as to bills are OCVA. The only allowable damages

in the land that they are occupying. Remedy is to file cases against
them individually. Action may also be joined.
>Can domestic corporations be parties? Yes. How about

under SCVA are unpaid rent and reasonable attorneys fees, as under the
rules. SCVA are usually dealt with summary procedures (no more trial).

foreign corporations? Can they sue and be sued in the Philippines?

(cant be brought to the Lupon, duh).

SECOND HOUR

Determine whether it is doing

business in the Philippines. If yes, is such business legal? If it is

>PARTIES

legal, then they can sue and be sued in the Philippines. If it is

>Plaintiff / Petitioner person who files the case. Plaintiff OCVA (initiated

illegally doing business (no necessary authority or license), then they

by the filing of a complaint, while Petitioner, as there is a right violated as

can be sued but they cannot sue.

opposed to SCVA (initiated by the filing of a petition not that because a

right has been violated but because you want to establish a right.). Criminal
cases Plaintiff parin (People of the Philippines).Against whom?Plaintiff as
to defendant, while petitioner as to respondent.

Supposing it is a foreign

corporation that is not doing any business, then it cannot be sued,

but it can sue in an isolated transaction (Universal Studios versus
Pinoy pirate). Foreign corporations must state their capacity to sue.

>Kinds of parties :
>Indispensible party- In every case, there has to be an
indispensible plaintiff (the very person who claims that his right has been

JULY 11, 2013

violated) and an indispensible defendant (a person who is claimed to have

>In criminal procedure, the judge has the power of outright dismissal of

violated the right)

cases. The moment the judge sees no probable cause, he can dismiss it

>Necessary party- For complete relief (eg. B)

outright. But if there is, then he may order the issuance of a warrant of

>Joint vs Solidary. X and Y are debtors of C.

arrest.

>Eg. C wants to file a case against X who is a joint debtor of Y

>In civil procedure, can the court dismiss the case motupropio? Yes, but only

(joint obligation with Y). Is the relief complete? No. Must include Y to

on 2 grounds: Lack of jurisdiction over the subject matter and prescription.

complete relief. However, to sue X is enough. Y is a necessary party.

>Lack of jurisdiction over the subject matter. Jurisdiction is conferred by law

>Nominal Party (Pro Forma)- According to rules, they should be

included because of circumstances of the law.

and determined by allegations in the complaint. Eg. Filed in the RTC, but is
a complaint for unlawful detainer. The RTC can dismiss the case outright as

>Eg. If a case is filed (Certiorari, Prohibition, and Mandamus)

the case ought to have been filed in the MTC. Or claims for damages in the

because a judge allegedly gravely abused his discretion. Who are the

MTC for the amount of 500k can be dismissed outright due to lack of

parties? Complainant is the petitioner (indispensable plaintiff). And the

jurisdiction over the subject matter.

defendant (private defendant indispensible defendant) would be the person

>Prescription. Period within which to file the case, otherwise forever barred.

who benefited from the judgment of the judge (public respondent nominal

The court may dismiss on the grounds of prescription if the material dates

defendant). Defendant private respondent is the one who is supposed to

are apparent on the face of the complaint.

file an answer, not the public respondent. Judge may make an answer when

possession, and plaintiff states sometime in 1940, the predecessor of the

there are direct attacks. Otherwise, pro forma lang.

defendant entered the property, which at that time was in the possession of

Eg.

Case of recovery

>Married woman If the plaintiff is a married woman, she must be

the plaintiffs predecessors interest. After several negotiations, defendants

assisted by the husband versus the defendant (plaintiff, assisted by husband,

predecessor refused to vacate. Etc. It is now respectfully prayed that

versus defendant). If the married woman is the defendant, she must also be

defendant and all of his successors in interests be ordered to vacate the

assisted by the husband (plaintiff versus defendant, assisted by husband.

properties. Dated July 11, 2013.Are there material dates mentioned? Yes

(Civil Code- husband is the administrator, head of the household, etc) In this

1940s. Clearly, prescription has set in (30 years for bad faith on real

case, the husband is the nominal or pro forma party. A married woman can

properties Open, continuous, exclusive, notorious, uninterrupted, adverse

sue alone suits involving her husband, paraphernal properties, personal

can ripen to ownership). Spells out that COA of plaintiff has expired.

profession, quasi-delicts, or if they have been living away from each other for

>Eg. Motion for reconsideration for denial of Petition for mandamus , should

at least 1 year (separation de facto).

be filed 60 from denial.Filed beyond the 60 days, outright dismissal. Material

>Quasi-parties Not actually a part of the suit, but suit is for their

dates were shown on the face.

benefit. Eg. Class suit- two requisites. First, there must be a common or

>Supposing there is no allegation in the complaint as to specific dates

general interest among everybody. Second, they are too numerous that it

sometimes in the distant past, defendants predecessor in interest took

would be impracticable to bring them all to court.

possession of the disputed land the court cannot immediately dismiss the

>Eg. There is a factory in the middle of the community. The

case. The court now takes cognizance of the case. However, court cannot

factory emits heavy smoke in a radius of 100 meters, affecting 500-1000

proceed without having jurisdiction over the person of the defendant.

individuals. Can they all file a complaint (abatement of nuisance)? Yes, via

>In a criminal case, the court acquires jurisdiction over defendant via warrant

class suit (Common interest is to stop the factory, and numerous parties).

of arrest.

There must be representatives for the class suit (specified). President,

>In civil cases, there is Summons. Summons is a writ issued by the court

Secretary, and Spokesperson (indispensible plaintiffs) in a class suit (the

directed to the defendant for the latter to answer the complaint. Once

others who are represented quasi-parties) versus the smoke-emitting

properly served, writ entitles the court to have jurisdiction over the person of

dragon (indispensable defendant). The courts shall determine whom shall

the defendant. Defendant is ordinarily given 15 days to respond to the

2) Substituted Service of Summons consist of bringing

summons (in summary procedures, rules are different).

summons to home, office, or place of work of defendant. To constitute it as

>Please refrain from filing a motion to dismiss. Instead, include them as

valid, home-person of sufficient age and discretion residing in the place

affirmative defenses to the answer.

therein, office/place of work competent person in charge. Those are the

>How many copies of the complaint to be filed? One for the Court, and one

only valid means for substituted service of summons. It doesnt matter

for each summons (summons is attached to the complaint) served to the

whether defendant himself receives summons.

defendant by the Sheriff of the Court.

jurisdiction over the person of the defendant.

Court thus acquires

Modes of Service of Summons:

>First Mode (Priority Mode) Personal Service of Summons: Do not

>3) Constructive Service of Summons available in any action (in

confuse this with personal service of pleadings. In this case, the sheriff goes

personam, in rem, quasi rem) provided there is a resident defendant (the

to the defendant and hands to the latter the summons. Then, the defendant

defendant resides in the Philippines but his whereabouts are unknown, or he

signs on the summons indicating the date of signing (reckoning point of 15

is an unknown defendant .

days for defendant to answer Just add 15 to that date to arrive at the

>Criminal actions John Doe. How about in Civil Actions? There are

deadline). Sheriff must give this directly to the defendant. The rule says

unknowns as well. Eg. Someone builds a structure in a private property, but

By giving it personally to the defendant or by tendering him

builder is unknown. Upon filing of civil action, who can be the defendant?

>Tender Sufficient, even if defendant refuses to accept. The sheriff has to

Presumably, such person is living in the Philippines, but person is unknown

make a return of summons. If able to give it to defendant personally this

or cannot be found.

is to make a return stating that the summons with the attached copy of the

>How is Constructive Service done? Via PUBLICATION. However, Leave of

complaint has been served to the defendant personally on July 13, 2013 as

Court or permission from the Court is required. What then should be filed for

can be seen on the signature of the defendant appearing on the face of the

such? File for Motion for Leave of Court followed by whatever it is that you

summons.

are asking a permission for. Eg.Motion for Leave of Court to summon

>Sheriff also furnishes a copy of the return of summons to plaintiffs

defendant by Publication.

counsel this is to guide the plaintiffs counsel that such has been served as

>Explanation is needed (eg. Whereabouts of defendant is unknown). If the

well as with the 15-day period. The moment there is a lawyer, service should

court finds merit to motion, it will direct summons by publication (newspaper

be done on the lawyer. Service on the lawyer is service to the client.

of general circulation in the Philippines Phil Star, Daily Inquirer, Manila

>What if defendant refuses to take the summons? How should this be

Bulletin, etc). Very costly.

indicated in the return of summons? I went to serve it on the defendant

>First, summons is published. Next, the entire complaint. A newspaper, in

personally but he refused to receive it and so I tendered it to him.

order to publish legal notices, must acquire accreditation (submit a petition

>Priority Mode- Sheriff must exert all efforts and exhaust all remedies

for accreditation with office of executive judge in a province where they

possible to serve it to the defendant personally.

publish however, if accredited in a province within a judicial region,

>If all possible remedies have been exhausted, then use the next mode.

newspaper cant get accreditation in another province belonging to the same

>Second Mode (Substituted Service of Summons) Since it cannot be

judicial region. However, city within a province is not prohibited.

served to the defendant personally, then to somebody else (home, office,

>Requirements of accreditation: Length of period of circulation must have

place of work/business). Sheriff must outline in detail all the approaches

been in circulation for the past year, and judge determines whether to be

done to serve the summons to the defendant personally.

accredited or not submit all that have been put into circulation plus

>Home qualification Give it to a person of (1) sufficient age and

accreditation fees. Actions affecting public interest need for publication.

discretion, (2) residing therein.

Accreditation needs to be renewed every 5 years (subject to yearly

>Office qualification Serve it to the competent person in charge of the

compliance with fees). Valid business permit.

office. Usually, the manager, or office secretary, managing partner, whoever

>If last known address cannot be determined, then Newspaper of General

is in charge.

Circulation in the Philippines.

>Prisoner Serve it to the warden. The warden will give it to the prisoner.

>Publication once a week for three consecutive weeks

>In the return, sheriff must justify substituted service of summons.

>Substituted Service 15 days to answer. But for Publication 60 days

>What if summons did not really reach defendant (was given to a qualified

from the last publication to answer.

person at home but said person lost it or forgot about it)

>Does it matter whether defendant reads publication?

>Date of reckoning of 15-day period signature of the receiver on the face of

acquired? No, jurisdiction is not acquired. But why bother with publication?

the summons

TO COMPLY WITH REQUIREMENT OF DUE NOTICE.

Is jurisdiction

>4) Extraterritorial Service of Summons Outside of our territory. This

JULY 17, 2013

mode of service only applies to nonresident defendants. As compared to

constructive summons which applies to resident defendants, extraterritorial

FIRST HOUR
>Warrant of arrest is to Criminal Procedure, whereas Summons is to Civil
Procedure.
>Summons is to acquire jurisdiction over a defendant.
>A case cannot proceed when court does not have jurisdiction over
defendant so a summons must be served.
>A copy of complaint is attached to summons served by sheriff.
>Modes:
1) Personal Service Priority Mode. If all efforts have been
exerted failed then:

service has limitations. Applies only to actions affecting the STATUS of

CLAIM.
>Eg. Plaintiff files a case for Sum of money (Personal Action). 1 million.
Defendant is out of the country (nonresident). Files a Motion for Leave of
Court to issue summons by Publication. Does the action affect the personal
status? No because it is a Personal Action. It does not affect the status of
the plaintiff, neither does it relate to the property of the defendant in the
Philippines.
>Eg. A Filipina meets a foreigner. Latter meets the former in the Philippines.
Foreigner leaves with promises of bullshit and stuff, but he was never heard

of again. The marriage was valid, so Filipinas status remain as married.

2) File a Motion for a Bill of Particulars (MBOP)

She no longer cant marry another. She then files for Annulment. But

3) File a Motion to Dismiss

defendant is not a resident. Can an extraterritorial summons then be served

4) File an answer

and resorted to? Yes, because her status is affected. She wants to go back

>1) Ignores- 15-day period has lapsed and there is no answer filed. Would

to having a single status.

plaintiff know that no answer has been filed? Yes. Based on Sheriffs Return

>ESS is also applicable to those that relate to PROPERTY OF DEFENDANT

of Summons date of service of summons indicated therein, along with

IN THE PHILIPPINES.

mode of service. Copy is furnished to Plaintiffs counsel.

>Eg. Recovery of possession of property against defendant (nonresident).

>Eg. Served on July 1. Just add 15. Defendant has until July 16 to answer.

ESS can be resorted to, so long as Res is within the Philippines.

By the way, what if plaintiff was never able to serve summons? Unserved

>How can ESS be resorted to then in a Personal Action (Claim for sum of

summons plaintiff must furnish the court new address, else case is going to

money)? Apply for a Writ of Preliminary Attachment look for properties of

be dismissed- failure to prosecute. In crim case archived. In civil cases

defendant in the Philippines and ask Court to bring properties of defendant in

no archiving- case is dismissed. Since it is the plaintiff who comes to court to

the Philippines under Custodia Legis. Then, Personam action becomes

allege violation of his right, it is his duty to furnish the court the address of

Quasi-Rem (because properties are now involved).

Once attached,

the defendant for the court to furnish Alias Summons (Contains new

defendant cant do anything about the properties. Upon favorable action of

address). If defendant still cant be found in the new address, then Second

Court, such properties may now be sold in a public auction to the highest

Alias Summons (third summons). Is there such a thing as Alias Warrant of

bidder. The proceeds shall now pay the obligation of the defendant.

Arrest? Yes. Why? Warrant of Arrest is addressed to the police of a certain

>The above are the only 2 actions where ESS is allowed.

territory. Eg. Warrant of Arrest issued to PNP Baguio-valid anywhere in the

>How can ESS be done?

country, but police officers of Baguio cant go to Ifugao with such warrant

>1)Personal Service Send sheriff to where the defendant can be found

because they are encroaching in a different territory.

(impractical). Or, resort to PUBLICATION. However, a copy of the summons

coordinate with Ifugao police officers. The Court can issue a warrant of

with the attached complaint must be sent to the last address of the defendant

arrest to Ifugao police officers (Alias Warrant of Arrest). It contains a new

(WON defendant receives it doesnt matter). Almost similar with the

address of the accused which is outside the territorial jurisdiction of the first

summons via publication. Motion for Leave of Court must still be acquired.

warrant of arrest.Similar to Alias Summons, until able to serve on the

ESS via publication Newspaper of general circulation in the last known

defendant.

area of residence of defendant. Once a week for 3 consecutive weeks,

>Finally able to serve to defendant, but no answer beyond July 16. What will

defendant has 60 days from the last date of publication to file a reply.

plaintiff do? Can now file a Motion to Declare defendant in default (MDDD).

Doesnt matter WON defendant reads it, so long as due process requirement

>Motion vs Pleading. A complaint is a pleading. An answer is a pleading.

(notice) has been complied with.

What is a Motion? It is not a pleading, vice versa. A motion is any

>The moment summons is served on defendant, Court acquires jurisdiction

application for relief other than a pleading. What does it mean? A pleading is

over defendant.

also asking for a relief. A motion is more specific, however. Eg.Motion for

>In a criminal court, how can the Court acquire jurisdiction over an accused

postponement, Motion for Extension of time to file an answer, MDDD,

even without a warrant of arrest? Via voluntary surrender (goes to

etc.Specific.

Court).Commitment Mitimus.

>MOTIONS

>How about in Civil Procedure, is there a voluntary surrender? >>>

Non Litigated
-Does not affect the rights of the adverse party.
-The court can act on this ex parte. NO NEED FOR A HEARING. Court can

-Affect
-A hea

act on it right away.

heard.

VOLUNTARY APPEARANCE.
>VOLUNTARY APPEARANCE- Any act of defendant by which he submits
himself to the jurisdiction of the court, without the court having acquired

They have to

filed.

jurisdiction over him.

>Eg. Defendant hears of a case filed against him. He has not received any

-Eg. Motion for Extension of Time to File an Answer, Motion for Postponement

summons yet but he immediately files an answer. That would be considered

(sometimes)

as a voluntary appearance.
>Or, summons was issued (but defective), and defendant files an answer. Is
the defect cured? YES. Tantamount to voluntary appearance.
>Eg. Counsel of defendant enters an appearance with Motion for extension
of time to file an answer. Extension was then granted. Thereafter, counsel of
defendant files a motion to dismiss grounded on invalid substituted of
summons because it was served to a visitor of the defendants house.
Should the motion to dismiss be granted? NO. Because when the counsel
entered his appearance as counsel of defendant to file motion for extension
of time, it was TANTAMOUNT TO VOLUNTARY APPEARANCE. You cannot
go to court and ask for a relief and subsequently question jurisdiction over
defendants person. Any act of defendant which would tend to show that he
is accepting jurisdiction over his person either by voluntarily filing an answer
or asking for a relief Tantamount to voluntary appearance.
SECOND HOUR
>Now that court has jurisdiction over defendant, anona?
>Defendant has four choices:
1) Ignores (Doesnt file an answer)

>After stating the Motion (Non-Litigated) Notice to the branch clerk of court:
Please submit the foregoing motion immediately for the consideration of the
court. (then signed by the lawyer).
>The Rules require that every pleading, motion, manifestation furnish the
Adverse Party (number 1 req)
>Adverse Party refers to the counsel. Service to the lawyer is service to
the client, but service to the client is not a service to the lawyer.
>Eg. Motion to Declare a Defendant in Default.
>Service of Pleadings vs. Filing of Pleadings.
>Service of Pleadings is the act of furnishing the adverse party all copies of
pleadings, motions, etc.
>Only pleading not served to adverse party Complaint. The court via the
sheriff serves the complaint (attached to summons) to the defendant.
Courts job, aside from gaining jurisdiction over defendant.
>Filing of Pleadings is the act of pleadings to Court.
>What comes first, service or filing? Service comes first, because what is
filed in court should bear the proof of service. If Proof of Service of
pleading is not present, the court is not bound to accept pleading. It is the
first thing that the court looks for.

-Eg. M

>How do we serve pleadings to the adverse party? Similar to summons.

>(1) Personal Service of Pleadings (Priority Mode)- Delivering pleading to
the adverse party (lawyer), which is different from personal service of
summons (wherein summons is served to defendant himself).
>Eg. Copy Furnished Let adverse party sign the motions. The one that
bears lawyers signature is the one that is filed (proof of service).
>Aside from the lawyer, is there anybody else who can receive? Yes. If in
the lawyers office, anybody in charge or working in the office can receive
such (still considered Personal service of pleading, unlike in summons

counsel cannot be determined). Substituted service is furnishing a copy of

pleading to the CLERK OF COURT. Furnishing is not sufficient- Attached to
the pleading must be an explanation. Explain why such is being done via
Substituted Service. Supposedly, a complaint prepared by a Plaintiffs
lawyer contains the lawyers address, just below his signature. But in case
address cannot be determined, then Substituted Service of Pleadings may
now be done.
> If nonlitigated, notice is addressed to the clerk of court (please submit the
foregoing motion for the consideration of the court immediately upon receipt
thereof. .Copy Furnish Adverse Partys Counsel). Clerk then submits to
court.

substituted). Received, date, and signature of secretary (one who receives

in the office) Still personal proof of service. How about in the lawyers
home? Yes. Must it be to a person of sufficient age and discretion? The
rules require that when such is served to the house, hours are observed
(8am-6pm) and privacy is respected, unlike service of summons.
>(2) Registered Mail Post office. Registry Receipt (attached near where

>If litigated, since it affects rights of party, notice of hearing is needed.

Instead of being addressed to the Clerk of Court, NOTICE OF HEARING IS
NOW ADDRESSED TO THE LAWYER OF THE ADVERSE PARTY. Not to
the Clerk of Court, as if to be treated ex parte. For movant, after addressing
adverse partys counsel should say (Please take notice that this motion will
be submitted for hearing on __date__) Motion Days should be Friday at
2pm, as the rules say.

lawyer signs). The one that bears the Registry Receipt is the one filed in
court because it bears the proof of service. Is that sufficient? No. The rules
say that when it comes to service of pleadings, priority mode is always
personal service. If other modes are resorted to, there is a required WRITEN
EXPLANATION (TO OBVIATE DELAY) as to why it was not served
personally. Put explanation below registry receipt (eg. Service was done
through registered mail due to the distance between the plaintiff counsels
office, or due to lack of personnel in the defendant counsels office to make
service). Without explanation, pleading is treated as a mere scrap of paper.
As if nothing was ever filed. Failed to comply with the rule (if no personal
service, then via registered mail, with written explanation). Such rule was
incorporated was to OBVIATE DELAY. Date of mailing is the date of filing.
15 days to file an answer. Eg.July 16 deadline to file an answer. Served to
plaintiffs counsel, and a copy is filed in court. Court receives it July 27. Is it
late? No because via registered mail. Because the date of mailing will be the
date of filing, provided via REGISTERED MAIL.

JULY 18, 2013

>RECAP:
>Defendant may not opt to file anything at all, or proceed with the 3 other
moves.
>Plaintiff can file a Motion to Declare Defendant in Default.
>Motion- Anything asking for relief from court aside from a pleading
>Litigated and Non-litigated Motion How they affect rights necessitating
hearing
>Furnish adverse party every pleading, motion, etc.
>Service of Pleadings- Priority Mode is Personal Service (to the lawyer).
Second mode is via registered mail. With the second mode, explanation is
required as to why service was not done personally.
>Service of Pleading comes first prior to filing of pleadings because the latter
should contain the proof of service. Registered Mail- date of mailing is the
date of filing.
>LESSON PROPER:
>Even envelopes are attached to the records because they contain the date
of mailing (stamped on the face of the envelope), showing likewise the date
of filing.
>Pleadings may be served via ORDINARY MAIL BUT THE DATE OF
RECEIPT IS THE DATE OF SERVICE AND FILING. Private couriers are
equivalent to ordinary mail.
>(3) Substituted Service of Pleadings (vs Substituted Service of Summons)If pleadings cannot be served via the first 2 modes (eg. Address of Plaintiffs

>Notice of Hearing (Litigated) must comply with the 3-DAY NOTICE RULE
and THE 10-DAY HEARING RULE.
>3-day notice rule refers to the service of motion to the adverse party. The
adverse party must receive the motion at least 3 days before the intended
hearing. In other words, the proof of service must show that the counsel of
the adverse party received it before 3 days the scheduled hearing. This is to
give them time to prepare for hearing. (Eg. Hearing is set July 26, 2013.
Adverse Party must receive notice not later than July 23).
>10-day hearing rule Created to obviate delay. Hearing should be set
within 10 days from the date of filing. (Eg. Hearing is on July 26. Filing
should have been from July 16 and up). Take note, filing comes AFTER
service. So if it has been filed on the 16th, a proof of service should be
existent. Can the date of service be the same with the date of filing? Yes.
Naturally, if 10-day hearing rule is complied with, automatically the 3-day
notice rule would have been complied with because service comes first prior
to filing.
>Motion Day why Friday? Because fly-day. Potanginah.TuesdaysThursdays daw ay hearing day.Right to a neutral and impartial judge.
Judges fly back to their homes. However, the rule as to appointment in
home stations has been relaxed. According with the Rules Committee,
motions should not be heard together with the trial of the case. Motions are
disposed off quickly, except when there is a witness.
>Eg. Accused was convicted and sentenced to suffer imprisonment for 1
year (double registration during the election). His counsel (defense) filed an
MR and asked that it be set for a hearing; however, he never addressed it to
the adverse party (prosecutor), but to the clerk of court. The defense lawyer
only copy furnished the prosecutor, but never addressed it to him. The
court regarded it as a mere scrap of paper. Within 15 days after
promulgation, decision may be appealed. But if acquittal, final. When
decision becomes final, it becomes executor. In the case at bar, the 15 days
lapsed and decision became final, thus a warrant of arrest was issued.
Notice of hearing should always be addressed to the adverse party
(Prosecutor).
>MDDD- Technically, it is a nonlitigated motion because defendant had 15
days and he did not make use of it and therefore he no longer has any right,
letting the 15-day period lapse. Can the court act on it immediately? Yes.
However, rules say that they should be given a liberal interpretation kanu ta
decide on the merits. If MDDD is granted, the court issues an order
declaring defendant in default.
>What is the effect when a defendant is declared in default? Defendant
LOSES HIS STANDING IN COURT. A defendant declared in default is
entitled to notices but he cannot do anything he can also be present in
hearings but he cannot object, because he loses his standing. He cannot do
anything anymore already. Two things can happen when he is declared in
default and loses standing: (1) Court can render judgment by default. Since
there is no longer a defendant, the court looks at the contents of the
complaint. If allegations in the complaint are sufficient to warrant a
judgment, judgment is rendered, usually in favor of plaintiff. Otherwise, court
will direct plaintiff to present evidence ex parte. Court can even authorize
clerk of court to receive evidence ex parte, provided COC is a member of the
bar. In the MTCs, COCs are not required to be lawyers. It is only in the
RTCs that COCs and Branch COCs are required to be lawyers.

>What if a case is for damages? Can there be a judgment by default? Or

must there be a presentation of evidence ex parte? The latter. Cardinal rule
in damages Must be proven with certainty. Not everything alleged in a
complaint is a gospel truth. Eg. Actual damages receipts .He must show
that he suffered. In every case where damages is involved, sum of money
with damages, sum of money arising from contracts, plaintiff is always
required to present evidence ex parte.
>If defendant loses his standing, can he regain it? Yes. The defendant, in
order to regain his standing, has to file a motion to lift order of default.
>Is this motion litigated? YES, definitely. Because it will affect the plaintiff.

JULY 23, 2013

>If the first thing a defendant can do is not to do anything, THE SECOND
thing a defendant can do is to FILE A MOTION FOR A BILL OF
PARTICULARS (MBOP)
>Particulars- details. MBOP because there are complaints that are vague,
ambiguous, or unclear.Defendant cannot understand what plaintiff wants.
An MBOP can both be a litigated and nonlitigated motion, depending on how
judge would see it. RULES FOR LITIGATED MOTIONS NEED TO BE
COMPLIED WITH. Setting of hearing would then be discretionary upon the
judge.
>If the judge looks at the MBOP and looks at the complaint and agrees with
the defendant that complaint cannot be understood, the judge would grant
MBOP immediately and asks plaintiff to comply with the BOP (nonlitigated).
>However, if judge finds the complaint clear, the judge would then set the
motion for hearing (litigated).

VN-20130723-00001
2ND HOUR
1ST HOUR

01:04:40

>2nd QUIZ From summons up to what is to be finished by July 27, 2013

(Summons, service of summons, declaration of default, service and filing of
pleadings, motions, etc.)

>MBOP- on the hearing because court believes that complaint is clear

enough but giving benefit of the doubt to defendant, court now tries to clarify
with defendant allegedly vague complaints (eg. defendant acted in bad faith
thus plaintiff is entitled to damages and defendant wishes this clarified).

>Tim Burtons (Canadian Coffee shop namalayongsosyalkumparasa

Starbucks daw)
>MDDD- This is filed by plaintiff if defendant does not file an answer within
the reglementary period of 15 days. Technically, nonlitigated motion.
Defendant already lost all his rights so there is no adverse party to be
affected. Rules of court are to be construed liberally to fully thresh out all
cases filed in court.
>2 things can happen when defendant is declared in default. (1) Judgment in
default based on plaintiffs complaint if the court believes that allegations in
the complaint are sufficient to warrant judgment. (2) If allegations in the
complaint are not sufficient to warrant judgment, or when there is a claim for
damages, then Court asks plaintiff to present evidence ex parte to prove
allegations. As to damages, they have to be proven with certainty. Clerks of
Courts (lawyers) are authorized by court to receive evidence ex parte, but it
is the judge who makes decision. Thereafter, there can be a judgment in
default (with evidence. The first judgment of default is without evidence).
>The only thing a defendant can do is to file a motion to lift order of default.
This motion is a litigated motion as it would affect plaintiffs rights. Thus, has
to comply with 3-day notice rule, 10-day hearing rule, and addressing
pleading to adverse party.
>Ground for motion to lift order of default- FAME (Fraud, Accident, Mistake,
and Excusable Negligence). Should always be accompanied with Affidavit of
Merits. It is the lawyer who prepares the pleading, but it is defendant who
personally knows about the grounds mentioned. So a sworn statement
(affidavit) is needed. Eg. Defendant met plaintiff. Defendant willing to pay
and wonders why friend plaintiff files a case. Plaintiff then promises to
withdraw case, but defendant is surprised by a motion to declare defendant
in default. This can be an extrinsic fraud. The defendant has to execute an
affidavit of merits about this. He has to state that he has a meritorious
defense. Not all 4 grounds can be raised altogether. Circumstances must
be stated. Excusable negligence may be because of lawyer or client.
Mistake, accident, whatever you call it, an affidavit of merits must be made
and attached to the motion to lift order declaring defendant in default.
>Can the court motupropio declare defendant in default? NO. Every litigant
has the right a cold neutrality of an impartial judge. If judge declares default
motupropio, judge is siding with plaintiff. (15-day period has lapseddetermined from sheriffs return of summons wherein date of receipt by
defendant is shown). Plaintiffs counsel is also guided of said date for him to
know to file a motion to declare defendant in default.
>If court finds merit in affidavit, then court will grant the motion and lifts the
order of default, wherein defendant regains his standing in court and directed
to file his answer.
>If there is already a judgment rendered by the court which doesnt become
final and executory, can defendant file for a motion to lift order of default?
YES. What happens to the judgment? It will be vacated because it has
become a one-sided judgment.

>How does plaintiff comply with MBOP? First, he can file an amended
complaint. If it is an amended complaint, how can it be shown that there is
an amended. Underline the amendments (or capitalize, bold, italicized,
open-close quotation, etc). Eg. Plaintiff wants to explain bad faith so goes
that the bad faith consists of chorvachorva (notice underline- to show
amendment).
>Must an amended complaint be served again with summons to defendant?
No need. A summons is served just for the court to acquire jurisdiction over
defendant. Since jurisdiction has already been acquired, plaintiff would just
furnish a copy of the amended complaint to the defendant follow the priority
mode.
>Second way is for plaintiff to submit a compliance or a manifestation. He
says, in compliance with the order of the court granting the MBOP, the
plaintiff submits compliance.
As the details to the bad faith,
chorvachorvachorva. Fully explain ambiguous provisions. Such is then
furnished to the adverse counsel via personal or registered mail.
>What if the court has granted MBOP but plaintiff did not comply? First, the
court can order that all those vague allegations in the complaint will be
stricken off of the complaint. Worse, the court can direct the plaintiff to show
cause why his case should not be dismissed because he failed to comply
with the order.
>If COA is stricken off, then defendant may file an MD on the grounds of
Lack of COA. So plaintiff should comply with MBOP.
>THIRD THING A DEFENDANT CAN DO IS TO FILE A MOTION TO
DISMISS (Rule 16, A-J)
>This is always a litigated motion, thus requirements must be complied with.
>Summons discourages filing of motion to dismiss. It asks defendant to put
grounds for MD as affirmative defenses in the answer. Affirmative defenses
are actually grounds for MD.
>If answer is filed and there are affirmative defenses, the court conducts a
preliminary hearing.
>The discouragement of filing of MD is for the quicker administration of
justice. Thing is, if you still wish to push through with an MD, a counterclaim
may not be filed along with it. There is no such animal. If MD is granted,
whatever claim that defendant has over plaintiff may also disappear.
>Can the defendant also have a claim against plaintiff? Of course
Counterclaim.
>But if in the ANSWER THE AFFIRMATIVE DEFENSES ARE GRANTED
and the case is dismissed, such dismissal is only limited to the complaint of
the plaintiff. How about the defendants claim? It can now be pursued.

>GROUNDS FOR MD:

>(1) Lack of Jurisdiction over the subject matter. Jurisdiction is conferred by
law and determined by allegations in the complaint.
This is a
NONWAIVABLE ground. Jurisdiction of the court over the subject matter
canbe questioned anytime during the proceedings. Opposition to such must
be raised as early as possible.
>Eg. Jurisdiction over damages more than 300k belongs to jurisdiction of
RTC (BP 129). In the complaint, and incurred damages in which defendant
is to be made to pay 500k of damages to plaintiff. The plaintiff files it in the
RTC. Does the RTC now have jurisdiction? Yes, in line with the law and the
allegation. Court says, Huff!!! How ambitious naman this plaintiff. He just
suffered bruises. He cannot do anything about his face if it is in the first
place deformed. Too much!!! The way I look at it, he is only entitled to 10k.
And thus, I dont have jurisdiction so I will dismiss the case. Can the judge
do that? NO. Because he has jurisdiction according to law and what is
spelled out in the complaint. And true enough, at the end of the trial, plaintiff
only proves 10k. Can the RTC award 10k only? YES. Because that was
what was proven.

>Omnibus Motion Rule states that any and all grounds for a motion to
dismiss should be indicated in only one motion, otherwise you are deemed to
have deemed those grounds except for those that are nonwaivable.
>What if defendant only alleges 2 and doesnt include a 3rdnonwaivable
ground, and the court denies the 2, can defendant raise the 3rd? NO.

JULY 24, 2013

VN-20130724-00001
1ST HOUR
>Waivable should be raised at the earliest possible opportunity.
>Deemed waiver- voluntary appearance in court to ask for relief, or filing of
an answer without summons.
>Any waivable grounds not raised would be considered waived. Note the
omnibus motion rule.
>There are 4 nonwaivable grounds- Lack of jurisdiction over subject matter,

>Eg. Opposite. The law says 300k and below, MTC. After trial, the plaintiff is
able to prove that he incurred more than 300k 400k in fact. Can the MTC
award 400k? No. Such is beyond its jurisdiction. Its limitation is only up to
300k. It can never go beyondits limit, unlike the RTC that can go below coz
it is a court of general jurisdiction. Plaintiff kase is so bobo he should have
filed it before the RTC. Moral Lesson of the story, bloat your damages to be
able to bring it to the RTC.

litispendentia, res judicata, and prescription.

>You can question the courts jurisdiction over the subject matter at any
stage of the proceedings even on the first time on appeal, unless jurisdiction
by estoppel has set in.

>Eg. Bus ticket venue fixed in Pasay (shall be in the corporate offices of

>Jurisdiction of Estoppel- Person is aware that court has no jurisdiction, but

this was never questioned. In fact, person took advantage of this and
participated in all proceedings. However, upon promulgation of decision,
person loses and now raises the question of jurisdiction.

files an MD on the grounds of Improper Venue. Shall the courts grant or

>(3) Improper Venue- Must be raised at the first possible opportunity,

otherwise deemed waived.
>Can venue be agreed upon? Yes, provided it is in (1)writing, (2)executed
before any case is filed, and (3) should be couched in mandatory terms
(shall, should, will) Eg. Venue should be in the proper court of Baguio City.
the bus corp in Pasay City). Passenger was unable to reach destination.
Passenger files a case in Baguio City against bus company, and the latter
deny the motion? Deny the MD, because it is a contract of adhesion. There
is only one party making the terms. There should be consent between the 2
parties. In a contract of adhesion, the other party is just asked to consent.

>Grounds basis is on BP 129.

>(4) Lack of Capacity to Sue- Personal character of the parties. When

>The court should only not have jurisdiction over the subject matter but also
over the person of the defendant.

such is raised as a ground by defendant, he is targeting the plaintiff. Rules

>(2) Lack of jurisdiction over the person of the defendant. In order for
court to acquire jurisdiction over defendant, it has to issue summons which
has to be validly served to defendant via person, substituted, constructive, or
extraterritorial service (actions affecting status of plaintiff, or relating to
property of defendant in the Philippines).

in interest.

require that all civil actions should be executed in the name of the real party
>Real Party in Interest- Party who stands to be benefited, injured, or
prejudiced by whatever decision that the court makes. In other words, all
civil actions must be prosecuted by a real party in interest. Refers to the
indispensible party (someone who should bring the case) vs indispensible

>Is this ground waivable? YES, this is a waivable ground. Must be

questioned at the earliest possible opportunity, otherwise he is deemed to
have waived said ground for motion to dismiss.

defendant (someone who is to be sued).

>Eg. O entrusted the title of a property to X. O discovers that X sold the
property to Y, the latter selling it to Z. Now O wants to get back his title;

>Eg. Defendant cant be located despite all efforts. And sooooooOOO, the
sheriff resorted to substituted service of summons. The defendant was
made aware that there was a summons issued against him so he goes to a
lawyer. Upon receipt, lawyer files his favorite motion MFEFA. Needs time
to prepare an intelligent answer daw, so asks for 15 more days from
tomorrow. Court grants motion. Then lawyer finds out that summons was
served to anusineighbor via substituted, so within the 15 days of extension,
lawyer files an MD on the ground of Lack of Jurisdiction over the person of
the defendant. Grant or Deny? Deny the MD. He is deemed to have waived
the second ground because he already asked for a relief, and thus cannot go
back and question jurisdiction of court. By asking for relief (MFEFA), lawyer
has waived 2nd ground. Instead of MFEFA, lawyer should have immediately
filed MD grounded on MFEFA.
>In Crim Pro Voluntary Surrender. Just like in Civ Pro voluntary
appearance - asking for relief. Jurisdiction upon this time could no longer be
questioned. Another voluntary appearance is filing of an answer even
without receiving a summons.
>Is filing of MD for lack of jurisdiction over subject matter asking for relief
from court? Yes. All motions ask for relief. So, Aside from Lack of
Jurisdiction over person of defendant (eg.MD for lack of jurisdiction over subj
matter, lack of juris over person of defendant, and LOJ bec of improper
venue, all in one motion). The MD based on the first ground was denied.
Are the other grounds deemed to have been waived by seeking these 3
together? NO. OMNIBUS MOTION RULE.

however, the title is now in the name of Z. Who is the indispensible plaintiff
(real party in interest)? It is O, because he is the owner of the property, and
whatever the court decides, he stands to be either benefited or injured
(prejudiced). Who is the indispensible defendant? It is Z because the title is
in his name. A case filed against X or Y will not return title to O. If against Z,
title may be recovered, making him the indispensible defendant. However, O
may also include X as an indispensible defendant for DAMAGES. But simply
for recovery of title, then against Z would be sufficient.
>Necessary Party (Proper)-Indispensible (cant be done without) vs
Necessary (for complete relief).
>Eg. Landowner mortgages his property to X (1st mortgage). However, he
again mortgages it to Y (2n mortgage). He doesnt his loan to X or Y. Now,
X, the first mortgagee, wants to forclose the property. If he files X vs
Landowner, is that sufficient? Yes, contains indispensible parties. Sufficient,
however there is still the issue with Y who also has a justified claim, being
the 2nd mortgagee. So in order to have complete relief to settle issue once
and for all, X should include Y. X is the indispensible plaintiff, Landowner is
the indispensible defendant, and Y is the necessary defendant. Because
even without Y, there can still be a case. However, the issue of 2 nd mortgage
must be settled so include Y.

>Pro Forma (Nominal) Party- For form, needed because the law requires so.

>As to juridical persons: Domestic Corporation must state in its complaint for

Eg. A married woman sues. The rules require that she should be assisted

capacity that it is a corporation organized and operating under the laws of

by the husband. Married woman is the indispensible plaintiff, while the

the Republic of the Philippines, and duly registered under the Securities and

husband is the Pro Forma Party. Such is the case except as provided by law

Exchange Commission. As an artificial person, it can sue and be sued just

(concerns paraphernal property, profession, career, tort or quasi-delict, civil

like a natural person. Supposing it is a foreign corporation: Can it sue and

liability arising from crime, separation de facto for 1 year, etc). Another eg. In

be sued? Qualify. Yes, can sue and be sued if it is engaged in a legal

a petition for certiorari, prohibition, and mandamus, the Judge is a pro forma

business in the Philippines. No, it cannot sue but it can be sued if it is doing

party and is not required to file an answer, else ignorance of the law. Private

illegal business in the Philippines.

respondent is the person who will file an answer because said party stands

>So what should corporation state to give it legal capacity to sue? It should

to benefit or be prejudiced by a decision.

state that it is legally engaged in business in the Philippines, and its authority

>Quasi-Party- Those who really do not appear in court but are affected by

to do so can be seen in the etc. etc. whatever authority gives it authority.

the decision that the court makes.

For a foreign corp illegally doing business, since it cannot sue, in a complaint

requisites.

Why? Kasinagadu da.Class suit.2

(1) Common or General Interest.

(2) The parties are too

against it there it must be stated that it is a foreign corporation illegally

numerous that it is impracticable to bring them all to court. A representative

engaged in business in the Philippines.

few is then selected (sufficient enough to represent common and general

>What if foreign corp is not engaged in business in the Philippines? It can

interest). Eg. A, B, C, D, and F and all others similarly situated in a class

only sue in an isolated transaction. Eg. Marvel Comics against pirates.

suit.

What should be alleged? That it is a foreign corporation, not engaged in

>Eg. New company brings out a new car. Unknown to the customers, there

business in the Philippines, but suing in an isolated capacity.

is a defect in the car (explodes). A complainant files a case, but discovers

>Where are corporate cases filed? Used to belong to the SEC, but now

numerous complainants with the same complaint 2000 complainants.

transferred to the RTC.

Common General Interest- give back money or new car.Class suit. If

Corporate/Commercial Courts.

damages is to be included, this now cant be taken in a class suit, as each

>Lack of Capacity to sue is WAIVABLE. Thus it must be raised at the

complainant would have a differing interest no more common interest

earliest possible opportunity, else deemed to have been waived.

among complainants to constitute a class suit.

Only a few will go to court,

>Legal capacity is stated and alleged in the complaint, also citing its

while the thousand others will be the quasi-parties. They will not go to court,

authority. Defendant can verify. If capacity is fictitious, then file MD based

but when the court renders judgment, they stand to be benefited or

on lack of capacity to sue because their documents are spurious. Same may

prejudiced.

apply for other grounds used for lack of capacity to sue. Defendant must

>Eg. Landowner wants to evict all squatters from his property. Landowner

prove that basis for capacity are inexistent, fake, etc.

vs X, Y, Z, and all other persons occupying land. Will this prosper as a class

>Can a plaintiff be subjected to a psychiatric exam? Modes of discovery is

suit? No. Because there is no common or general interest among the

applicable if the physical or mental condition of a person is in issue. If it is

defendants. This is because they are only interested in their particular

not in issue (eg.For sum of money), then no.But if psychological incapacity

portion of land occupied. So landowners remedy is to sue each and every

as a ground for annulment, then modes of discovery may be

iskwater.

applied.Or ..appointment as a guardian over an insane person. The person

In Manila, there are RTCs designated as

may then be subjected since it is in issue.

>(5) Failure to State a Cause of Action- This is different with LACK OF
ND

2 HOUR

COA (rule 2). Failure to State a COA is more of how complaint was stated.

>Lack of Capacity to Sue vs Lack of Personality to Sue. Different from each

More external.Form and substance of the complaint.

This is also a

other. General Rule All actions must be prosecuted in the name of the real

WAIVABLE GROUND. Can the defect be cured by plaintiff if said ground

party in interest. Eg. Principal (owner of car) commissions agent to sell his

was not raised in the earliest possible opportunity? Yes.

car. Agent finds a buyer and sells it to the latter. However, buyer doesnt

>Eg. In the complaint of plaintiff who claims ownership over land, he stets

pay full price so agent files a case against the former. Buyer files an MD.

(sic) he states that I erected a swimming pool and planted palm trees and

Who is the real party in interest (RPII)? In other words, who gets to be

cattages (sic) and benches over the land. I own all these improvements,

affected by a decision? Of course, the Principal. So, if Agent vs. Buyer, is

and thus files a quieting of title against a defendant also claiming ownership

the action in the name of the real party in interest? No. Buyer can now file

over property. His title is noisy jeje. Plaintiff alleges that since he put up all

an MD on the ground Lack of capacity to sue (agent not a real party in

the improvements on the land, therefore he owns the land. What is wrong?

interest). However, agent may amend the complaint and state, Principal, as

There is a failure to state a cause of action.

represented by the agent to cure defect. Now, action is in the name of the
real party in interest. The agent now becomes the representative party
because he acts in representation of another person. But what would be a
better ground? Lack of Cause of Action. Why? Go over the elements. As to
right, agent doesnt have any; rather, the principal.

First element

palangwaleyna.
>Whom else can be a representative party? Guardian over ward.Fiduciary
Capacity.
>Lack of Capacity to Sue- We speak more of characteristic of plaintiff.
Eg.Minority. A minor cannot sue. However, minor must be assisted by
parents or a guardian. Must reach the age of emancipation (21 daw).
Insanity.

Civil Interdiction (accessory penalty) regains capacity when

penalty is served and all rights are restored.

JULY 25, 2013

VN-20130725-00001
>Failure to State a COA is not the same as Lack of COA. Form and
Substance.
>Back to the earlier case of quieting. Defendant files an MD for failure to
state a COA. Grant or Deny? Go back to the complaint. Plaintiff states that
since he introduced improvements, it means that he owns the land. Going
back to the laws of property, the land is the principal and the improvements
are the accessories. Accessories follow the principal. So whoever owns the
principal owns the accessories. But what plaintiff is trying to say is that since
he owns the accessories, therefore he owns the principal. Plaintiffs mistake
is the failure to allege by what right he has to introduce improvements over
the land. Therefore, there is a failure to state a COA.

>Test. Look at allegations. Do you believe all of it? Can you give the plaintiff
what he wants? If both gets a YES, then there is a COA. But if YES as to
allegations but NO to giving of what plaintiff wants, then there is failure to
state COA. Said ground is waivable.
>What if defendant files an answer and does not question failure to state
COA nor includes it in his affirmative defenses, and then during trial plaintiff
is now showing evidence that he owns land which is why he made
improvements, can defendant now raise the abovementioned ground? The
defendant is too late. Ground has been waived. Must have been questioned
at the earliest possible time.
>Lack of Capacity to Sue vs Lack of Personality to Sue. Different from each
other. General Rule All actions must be prosecuted in the name of the real
party in interest. Eg. Principal (owner of car) commissions agent to sell his
car. Agent finds a buyer and sells it to the latter. However, buyer doesnt
pay full price so agent files a case against the former. Buyer files an MD.
Who is the real party in interest (RPII)? In other words, who gets to be
affected by a decision? Of course, the Principal. So, if Agent vs. Buyer, is
the action in the name of the real party in interest? No. Buyer can now file
an MD on the ground Lack of capacity to sue (agent not a real party in
interest). However, agent may amend the complaint and state, Principal, as
represented by the agent to cure defect. Now, action is in the name of the
real party in interest. The agent now becomes the representative party
because he acts in representation of another person. But what would be a
better ground? Lack of Cause of Action. Why? Go over the elements. As to
right, agent doesnt have any; rather, the principal.

First element

palangwaleyna.
>Whom else can be a representative party? Guardian over ward.Fiduciary
Capacity.
>Lack of Capacity to Sue- We speak more of characteristic of plaintiff.
Eg.Minority. A minor cannot sue. However, minor must be assisted by
parents or a guardian. Must reach the age of emancipation (21 daw).
Insanity.

Civil Interdiction (accessory penalty) regains capacity when

penalty is served and all rights are restored. As to juridical persons:

>(6) LitisPendentia- A pending case. One of the NONWAIVABLE
GROUNDS.Can be raised at any stage in the proceedings. Check
Certificate of Non-Forum Shopping, as it would state the presence or
absence of similar cases filed in other courts and speak of their status.
>In order to know that there is LitisPendentia, (1) There must be an identity
of the parties, (2) There must be identity of the subject matter, and (3)
identity of the relief sought: These are in relation to previous cases.
>Eg. Plaintiff vs Defendant for recovery of possession of a parcel of land.
During the proceedings, defendant gave said land to defendants son. Now,
plaintiff files a second case (P vs Ds son) for recovery of the parcel of land.
Can Ds son file an MD on the ground of LitisPendentia? Is there identity of
parties? Yes. Identity of parties refers to the identity of interests that parties
represent, and not the literal identity. The interest is over the parcel of land.
Since said interest is found in both cases, there is identity of parties. Now, is
there an identity of subject matter? Yes. As to relief? Yes! So is there a
LitisPendentia now? YES. There is a pending case (P vs D). What is
plaintiffs remedy? Amend the first case and include Defendants son as
another defendant to resolve issues in one case. Further, this is to avoid
multiplicity of suits. What is the danger of allowing the 2 separate cases?
Conflicting decisions.
>Eg. Plaintiff vs Defendant for Forcible Entry. Subsequently, Defendant files
a case against Plaintiff for quieting of title. Plaintiff files an MD on the ground
of LitisPendentia. Grant? NO. Is there identity of parties? Yes, they just
exchanged roles, but interest is the same. Is there identity of subject matter?
Yes. Is there identity as to reliefs sought? NO. Forcible Entry (better right to
possess) is different from Quieting (ownership is the issue). Thus, these are
2 separate cases. So deny the MD. Can these cases proceed
simultaneously? Yes. Can there be 2 different judgments? Yes.
>As a rule, what gives rise to LitisPendentia? A second case. But it is not
always true that the second case is always the one to be dismissed due to
LitisPendentia.

>Eg. Both P and D claims ownership of land, and D is in possession of said

land. 1 year period is over so forcible entry - ejectment can no longer be
filed, so plaintiff files a case of accion publiciana or recovery of possession
(1st case). Then, in the 2nd case, the defendant files a MD on the ground of
LitisPendentia and quieting of title. There is LitisPendentia, but the 1st case
is to be dismissed and the 2nd case is retained, because this is the case that
will thresh out the issues between the parties. Defendant is already in
possession and thus files quieting. Retain the case that will resolve all the
issues between parties and Dismiss the other under the ground of LP.
However, P may file a counterclaim for recovery of possession.
>Supposing the first case is on Appeal, then a second case is filed. Can
defendants son raise LitisPendentia? Yes. For as long as a decision as to
the first case has not yet become final, there is still LitisPendentia. If
decision becomes final and executor, ground now becomes Res Judicata.
>RES JUDICATA Law of the case. Decision is final and executor. For Res
Judicata to set in, the above 3 requirements must be present in addition to
(4) a judgment that has become final and executory, (5) rendered by a court
of competent jurisdiction, (6) and court rendered judgment under trial on the
merits.
>Trial on the merits- parties were given equal opportunity to present their
respective evidence (unlike judgment by default where evidence are
presented ex parte).
>Because these are the additional requirements, there is no longer an issue
as to what case is to be dismissed. The decision in the first case is already
the law of the case, and therefore that law of the case will prevail all
throughout. Any other subsequent cases shall be dismissed. Will result in
the dismissal of the 2nd and subsequent cases.
>Eg. P vs D for accionreinvindicatoria (recovery of ownership). Defendant
filed his answer. Case went to trial and a judgment was rendered in favor of
P. Thus, he recovers ownership. Judgment becomes final and executory,
rendered by a court of competent jurisdiction after trial on the merits.
Subsequently, P and D died. Their children now have grown up. (well no
body watches Dallas). Ds son now files a case against Ps son for recovery
of possession of Ps property where P was declared as the owner. Ps son
then files an MD on the grounds of Res Judicata. Lets check, in the first
case: (1) Is there ID of parties? Yes, they both represent interests of their
fathers. (2) Is there ID of subject matter? Yes parcel of land. (3) ID of
relief sought? Yes, both want the property. (4) Has a judgment become final
and executory? YES. P has been declared an owner. (5) Has the judgment
been rendered by a court of competent jurisdiction? YES. (6) Was judgment
rendered under trial on the merits? YES. Therefore, grant MD of the 2 nd case
on the ground of Res Judicata. No longer necessary to determine as to what
case shall thresh out all issues. LAW OF THE CASE: PLAINTIFF IS THE
OWNER. THUS PLAINTIFFS SON IS ALSO THE OWNER, DERIVING
FROM HIS FATHER.
>There are 2 aspects of Res Judicata: (1) Barred by Former Judgment
Law of the case. Example is given above (regular Res Judicata). (2)
Conclusiveness of judgment different from Law of the case. All but 2 of the
6 requisites must be present.
>Eg. P vs. D for cancellation of DOS. P claims he never executed such
DOS and the signature appearing in the DOS is a forgery, and further, the
property is a conjugal property requiring consent of wife, and consent in the
DOS was also a forgery. After trial on the merits, the court renders a
decision dismissing the case, because the plaintiffs claim of forgery has not
been proven and therefore the DOS is a genuine document. Since in said
DOS the P sold the property to D, the latter becomes the owner. Hence, this
first case became final and executory. After several years, P and D died.
Ds son then leased the property to X, and the latter built a factory on the
premises in question, paying rentals to the former. Here comes Ps son,
filing a 2nd case (P vs X for damages). X files an MD on the ground of Res
Judicata basing on the first case, settling issue over said property. Is there
Res Judicata? All requisites are present, except: ID of parties (Ds interest is
as an owner, and Xs interest is as a lessee) and ID of Reliefs sought (P
cancellation of DOS, Ps son damages, different COAs). THUS, THERE
IS RES JUDICATA AS TO THE 2ND ASPECT CONCLUSIVENESS OF
JUDGMENT.

JULY 27, 2013

VN-20130727-00001

First Hour

that interrupted the period. Start counting again from the time of the receipt

>STATUTE OF FRAUDS (refer to notes of classmates)

(not the denial per se) of the denial.

>WAIVABLE

>However, if Motion for Reconsideration, we have a fresh 15 days from

>Sale of MV must always be in writing in order to effect a transfer.

denial of said motion.

>How about on the internet? Person orders red Ferrari but gets a yellow
pickup truck and pays with credit card. Is there a breach? Yes. How does
person prove that he did order a red Ferrari considering the Statutes of

>DEFENDANT NOW FILES AN ANSWER.

Frauds in consideration of the E-commerce Act? The E-commerce Act

>Remember that Plaintiff files the initiatory pleading (starts the ball rolling),

provide that for those transactions that require written documents under

which requires a CONFS and Verification.

Statutes of Frauds, these requirements are deemed to have been complied

>What about an Answer? This is a RESPONSIVE PLEADING. Will this

with provided there are documents that can be produced that can be

require a CONFS? No. This is only mandatory in initiatory pleading. How

authenticated what of an electronic transaction? Credit Card Statement of

about a verification? Not necessarily; however, there are instances where

Transaction. Proofs website is credible. It is where the person made a

such is required in an answer.

purchase. Person used credit card to make purchase as evidenced by

>Answer contains the defenses of the defendant. These defenses can either

Credit Card Statement. If these can be authenticated, then deemed to have

be Negative Defenses (ND) or Affirmative Defenses (AD).

complied with Statute of Frauds.

>ADs are all the grounds for MD. Yes, even if all those things that you are
saying are true, still you cannot recover from me because GROUND. ADs

>(10)Failure to Comply with a Condition Precedent (waivable) Before

are hypothetical admissions of plaintiffs allegations.

one goes to court, all other requirements must have been complied with (Eg.

>Instead of filing an MD, D might as well include AD in his answer.

Referral to Lupon as provided by the LGC). Other cases Actions between

>Can a Ds answer include both AD and ND? YES. Why? Just in case his

family members require earnest efforts towards compromise. If in Barangay,

AD are denied, then the ND can compensate.

certificate to file an action. What about suits between family members?

>ND are specific denials.

State allegations in the complaint, this is a suit between family members

>Right after an answer is filed containing AD, a hearing is conducted

and earnest efforts were exerted via several family meetings in order to

(litigated) to determine whether grounds are sustainable. If the court denies

arrive at a compromise; however, all efforts failed to be proven in a trial.

the AD, the hearing continues and looks at the remaining defenses, the ND

Family would refer to cases involved parents and children immediate family

(Specific Denials).

members (parents vs children, children vs children). What if Brother vs.

>An answer may both have AD and ND, or only the ND.

Brother and Brothers Wife? No need to exhaust all efforts because a

>Answers, defenses, etc are numbered for easier reference.

stranger is involved (wife). Another case, Administrative cases exhaustion

>If it is an ABSOLUTE DENIAL, must state reason behind denial.

of administrative remedies. Outline in the complaint the steps taken to

>Eg. In an allegation, it says that D signed a PN. The D then absolutely

exhaust all administrative remedies.

denies said allegation by stating that D does not know how to write.
Absolute Denial + Explanation. What if only the absolute denial was given

>MOTION TO DISMISS CAN EITHER BE GRANTED OR DENIED.

but was never explained? This is what is called a Negative Pregnant (Open

>IF GRANTED, CASE WILL BE DISMISSED. However, the remedy of

to multiple interpretations).

appeal is available to a plaintiff.

>PARTIAL DENIAL may also be given (admit some, deny some).

>IF DENIED, DEFENDANT WILL BE REQUIRED TO FILE HIS ANSWER,

>Eg. In the allegation- That defendant appeared in the house of the plaintiff

within the remaining period he has left after he filed the motion to dismiss.

and signs promissory note.

>Eg. Defendant receives summons July 1, 2013. Thus, he had 15 days to

defendant admits being in the house of the plaintiff but denies signing the

file an answer. Instead of filing an answer, D files an MD on July 5. Since an

promissory note because the defendant does not know how to write.

MD is a litigated motion, this was heard on July 12. However, the court

>LITERAL DENIAL Denial is made because there is no sufficient

denied it on July 22. However, Ds counsel received this on July 26. How

knowledge to form a belief as to the truth or falsity of plaintiffs statement.

many days does D have left to file an answer? and up to when? According

>Eg. In an allegation, it says- Because of the act of defendant, Plaintiff

The D can make a partial denial, That

to NCC, exclude the 1 day and include the last day. Also, the filing of the

suffered depression and couldnt eat or sleep, thus defendant must be made

motion interrupts the period. When counting the days, we include weekends

to pay damages. Defendant has no knowledge of such so he makes a

and holidays. And if the last day falls on a weekend or on a holiday, it does

LITERAL DENIAL, having no basis to say whether such are true or not.

not continue to run until the next working day. Thus, based on said rules,

>Look at the answers filed by defendants and try to identify what kind of

what are the answers?

denials are made.

>Supposedly, he had up to July 16 to file an answer. So we exclude July 1

>Avoid blanket denial. The defendant denies everything!!!. A blanket

when summons was received, according to the NCC, and also exclude filing

denial is deemed an admission.

of MD on July 5, since this interrupts running of period. Given so, 3 days has

>Who brings out the issues in every case? It is the DEFENDANT. Why?

lapsed (July 2, 3, and 4). 15 -3 = 12.Thus, he had 12 remaining days.

Because defendant is the one who denies or admits. In the plaintiffs

Then, count 12 days from July 26 (again, exclude July 26 from counting

complaint, we just have a story about how his right is violated. We still dont

since it is a 1 st day). We arrive at August 7 after counting 12 days, including

have an issue because we do not know whether such allegations are true or

the 12th day (last day as according to the NCC). Thus, he has 12 days left to

false. Upon the answer of the defendant, admissions and denials are made.

file an answer, and he has up to August 7 to file an answer.

Upon admission, there is no issue; however, upon denial, a conflict is

>Why start counting from July 26? Because it was the date when defendant

created giving birth to an issue. If defendant admits everything, then a

received notice of the denial of the MD.

judgment based on the pleadings may be rendered, there being no issues.

st

>Supposing a Motion for a Bill of Particulars? Same.Anything that interrupts.

General rule- do not include the day you received the summons or the day

Second Hour

>The answer of the defendant usually need not contain verification. But

>The defendant must execute a statement under oath in the verification to

when should an answer contain a verification?

Verification becomes

the effect that everything his lawyer wrote was the truth. Again, if not under

necessary when the complaint is based on an actionable document (any

oath, the D is deemed to have admitted the DEG of a document. Thus, P

instrument that becomes the basis of the case, eg. Promissory Note

can now file a Motion for Judgment on the pleadings.

collection of sum of money from an unpaid loan based on a Promissory

>Must the D furnish a copy of his answer to the P? YES. How? Same with

Note. Breach of Contract Contract is the actionable document). So what if

service of pleadings Personal, Registered Mail, etc.

it is based on an actionable document? A document contains an agreement

>Supposing D furnished a copy to Ps counsel via registered mail, and

put in writing, which could be a gospel truth unless proven otherwise. What

acquired a proof of service. D then files the same in Court, however absent

is its connection with the verification? The rules require that when such

the explanation. P now files a Motion to declare D in default. Must the

document is to be denied, then it is to be specifically denied under oath.

Court grant the motion? YES. Why? Because D failed to include a written

How? In verifications, there must be a sworn statement to the effect that

explanation as to why personal service was not done and registered mail

everything stated by the lawyer is the truth and that client can prove such

was resorted to. The answer is deemed a mere scrap of paper, as if no

claims as truth, and signed by the client. To determine that the specific

answer was filed.

denials of defendant are under oath, there must be a verification. If there is

>Aside from the answer, the D may also couple another pleading with his

no verification to a specific denial, then the defendant is deemed to have

answer COUNTERCLAIM (CC). Is there a CC that goes on its own? None.

admitted the due execution of and genuineness of the actionable document.

It must be coupled with an answer.

>Eg. P vs D based on a Promissory Note. In the complaint, P alleges that D

defenses, but the CC contains the COA of the D. For plaintiff, COA against

borrowed 100k for which he executed a PN stating that, I, D, promise to pay

defendant is embodied in a complaint, while for defendant, COA against

P the amount of 100k on or before June 1, 2013. Is the PN an actionable

plaintiff is embodied in a CC (not another complaint).

document? Yes, because it is the basis for the sum of money, showing that a

>SOOOoooOOooww, its like dot! You think you are di only one? Me I also

loan has been incurred. In the Ds answer, he says, I specifically deny that I

have!

signed the PN because that signature on the PN is a forgery. That is not

>Recoupment another term for CC.

how I sign my name. I just scribble my initials, and yet in the PN, my name is

>How will the plaintiff file the CC? By coupling it with the answer. Answer

clearly spelled out. Did the D specifically deny it? YES. However, there is

with Counterclaim.

no verification (because the lawyer forgot).

Plaintiff files a Motion for

>In one document, the D has 2 pleadings: 1st pleading is the answer

Judgment on the Pleading (available only to a Plaintiff, based on an answer

containing all his defenses, while the 2nd pleading is the CC containing the

filed by defendant that tenders no issue). What is the effect? Defendant is

COA.

deemed to have accepted the due execution and genuineness of the

>What if D forgot to include the CC in the answer? Can he bring it in the

document. He can no longer question this. Due execution done willingly

same case? Depends on the court, but must be brought before judgment is

(under no duress) and Genuineness Real signature, and he was the one

rendered. Also, there are 2 kinds of CCs, either compulsory or permissive.

who signed it. If this would be the case, as a judge, should you grant the

>Compulsory Counterclaim (CCC)- One that arises from the same

motion for judgment on the pleading? YES. Why? Because defendant

transaction subject matter of the complaint. Meaning, it is compulsory

brought out an issue but admitted it, because he did not make a specific

because it is related to the complaint filed by plaintiff. If there is no complaint

denial under oath.

from the plaintiff, then there is no ground for the CCC of the defendant.

>What if in Ds answer, he says, yes, I signed the PN in his presence, but P

>Because this case was filed against me, my reputation in the community

did not give me the money. In effect, what D is saying is that there is no

got besmirched

consideration for the PN.

>Because of a ruined reputation, I should be entitled to moral damages in

Answer will merely contain Ds

the amount of P20.00

>Hyat: Maam, time na.
>The given denial was not supported with a verification, so the P files for a

>Judge M: uuuUUoooOOhhh you just let me finish dis! Thats the problem.

Motion for Judgment on the Pleadings. Grant or Deny? Deny. Why?

You should have never let me start.

Because denial was merely partial. Verification is needed for denials where

>I have to defend myself, which is why I hired a lawyer to whom I promise to

due execution and genuineness (DEG) is involved. D never raised fraud or

give P500,000.00 because he took the bar 5 times

forgery. Lack of consideration is a different matter and has nothing to do with

>And that is a CC. Is it compulsory? Yes, because it would not have arisen if

(DEG). Consideration refers to the intrinsic part, unlike DEG which refers to

not for the suit filed by the P.

the extrinsic part. The actionable document rule only presupposes due

>Ill see you on Tuesday for the quiz, and Ariel, thank you so much for the

execution and genuineness of the document itself and does not talk of any

pens. Next time bring them again.

other thing aside from that.

>Every signature is MONEY! Absurd.

JULY 31, 2013

>All allegations must be captured in one statement and sworn in the

VN-20130731-00002

verification, which is signed by the D.

>If complaint is not based on an actionable document (eg. Damages- I
promise not to run you over, or Specific Performance), is verification
necessary in an answer? OF COURSE NOT. However, if it is based on an
actionable document, a verification is necessary in order to show that the
requirement of a specific denial under oath has been complied with. What
we are saying is that if it is an actionable document, you have to specifically
deny that document, that it is untrue, and saying that needs to be under oath,
presupposing telling the truth.

FIRST HOUR
>RECAP:
>Negative defenses- Specific Denials
>Affirmative denials Grounds for MD
>Must they be verified? General Rule, NO. But if answer is based on an
actionable document, then specific denial must be under oath. Via sworn
statement of defendant in the verification.Based on an answerable document
verified.

>EG. P vs D for recovery of personal property (car). D just files an answer

>The answer can be coupled with a counterclaim. A CC is the claim of the

without a CCC. Decision D, return the car to the P, the latter is the rightful

defendant against the plaintiff.

owner of the car. Decision becomes final and executory. After returning the

>Eg. Defendant files a claim against Plaintiff if D himself has a claim against

car, D realizes that he forgot about all the improvements he made on the car.

the P. That is called a CC.

So D now files for damages against P to recover the expenses he incurred

>In other words, a CC is the claim of the D against the P.

when he made improvements on the car. As the P, have the case dismissed

>How about the Answer, is that also a CC? No, the A contains the defenses.

and grounded on RES JUDICATA. There is now a law of the case from the

From the word itself, it is an answer against the complaint. But for a CC, it

1st case. The D should have raised the damages in the CC, because it would

also contains a complaint against P.

have been a CCC as it arises from the same transaction subject matter of

>It is called Recoupment in other books (to get back).

the complaint.

>A CC can either be Compulsory or Permissive.

>GUIDE QUESTION: Will the evidence needed in the first case (in the

>If Compulsory, it arises from the same transaction subject matter of the

complaint filed) be the same evidence that will have to be produced in the 2 nd

complaint.

case? In fthe first case, P had to prove that he owned the car, and therefore

>Regular CC, Because of this case filed against me by the P, I was

was entitled to it. What about D? D also had to prove that he had a reason

constrained to hire the services of a lawyer for which the P should be made

to own and thus keep the car in order for the case to be dismissed. So,

to pay. I suffered sleepless nights thinking about what this case is going to

those are the sets of evidence needed proof that P owned the car and that

do to me, for which the P should be made to pay moral damages. My

D also had a right to the car. You go to the next case for damages. What

reputation in the community is now destroyed because everyone is talking

evidence now does the D have to prove? He will have to prove that he was

about me. Etc

the owner of the car which is why he installed all the improvements. And

>Those are all compulsory complaints because they arise from the same

what does the P have to prove so that he wont be liable for damages? He

subject matter of the complaint. Because it is compulsory, what is the

would have to prove that he was the owner of the car so the D would have

requirement? To be compulsory, it must be within the jurisdiction of the

no right to introduce improvements.

court.

>Are those sets of evidence the same with the 1 st case? YES. Thus, a CCC

>Eg. P vs D for sum of money. Because this was only for 300k, it was filed

and should be raised in the main complaint with the answer or anytime

in the MTC. However, the D had a CC. In his CC, he says that, I am an

before judgment. If filed with the answer, then OK. But if filed before

outstanding citizen in my community, and I already paid that measly 300K.

judgment, LEAVE OF COURT IS NEEDED. Done via MOTION FOR LEAVE

Now, because of what you did, you should pay me. But since I am not only

OF COURT TO FILE CC. Attach a CC with the motion.

worth 300k and more than that, my counterclaim is now 1M.

>When you file a motion for leave of court, you have to attach what you want

>Is that a compulsory CC? NO. Why not? It may arise from the same

the court to consider (CC).

subject matter of the complaint but definitely it is outside the jurisdiction of

>This is because the Court must first read the CC to determine whether they

the MTC. So can the MTC take cognizance of the CC? It cannot because it

would grant the motion.

is outside of its jurisdiction. If the D insists on maintaining his CC there, the

>If meritorious, MOTION FOR LEAVE OF COURT may be granted. The CC

MTC can dismiss it outright. So even if it arises from the same transaction,

attached to the Motion may now be admitted and made part of the records of

to be compulsory it must be within the jurisdiction of the same court.

the case.

>Are we saying then that the D can file another separate case in the RTC,

>Is a CC an initiatory pleading? It depends. If it is compulsory, it is not an

this time the D as P, and the P as D as a CC? YES, provided that he has

initiatory pleading because it is a continuation of the first case. But if it is a

grounds. Will it be for sum of money? No. Damages, based on Malicious

permissive CC, it is an initiatory pleading.

Prosecution.

>Eg. Refer to a pleading with a CC.

>Supposing the first case was dismissed in the MTC because the D was

Prayer

able to prove that he paid. How about the case filed in the RTC? Will it

1) That the complaint is to be dismissed

2) That on his CC, the Court order the P to pay the Defendant
>D is asking for the dismissal of the case and is also asking for P to pay.
>Does a prayer need to be verified? Yes, because it has a complaint. And

continue or will it be dismissed? Since it is now a separate case, the RTC

can decide accordingly (either dismiss it because the case from where it
arose was dismissed, or can continue to hear it if there are indeed grounds
for malicious prosecution).
>But the point is, if it is really a CCC, it must be within the jurisdiction of the
court.
>Eg. P vs D for sum of money (300k). D has a CC claiming that for the past
2 years, he worked as a caretaker for P and has never been paid for 2 years
amounting to 200k. Further, D asks for offsetting which would amount now
to 100k. Is this now a CCC and within the jurisdiction of the MTC? The
amount is within the jurisdiction of the MTC, BUT THE NATURE IS NOT.
Why? Employer-employee relationship is involved, unpaid salaries, wages,
belong to the NLRC and not the regular courts. So is it a CCC? No, because
the regular courts have no jurisdiction.
>What is a CCC? If it is a CCC, it has to be included in the main case,
otherwise it may never be filed anymore.
>What if the CCC was not included in the answer, will you be allowed to
raise it anytime? Yes, the court will allow anytime before judgment. On what
grounds?FAME.

complaints always need to be verified.

>Must there be a certificate of nonforum shopping? Depends.
>CCC doesnt need a CNFS. But for PCC, CNFS is needed, plus docket
fees.
>A PCC is separate and independent, and does not arise from the same
transaction subject matter of the case.
>Eg. P vs D for recovery of real property. However, D alleges that when
they were good friends, P borrowed money from him for which P signed a
PN the amount of which is 500k. Therefore, D now wants P to pay him the
500k loan. Is there a connection between the recovery of real property with
the PN? None. So meaning, can the D file an entirely separate case? YES.
But in order to avoid multiplicity of suits, D can include it as a Counterclaim
via PCC + Verification + CNFS + Docket Fees (A separate complaint
altogether).
>For CCC, initially there is no docket fees, but upon judgment on the CCC in
favor of D, the docket fees will constitute the first lien on the judgment in
favor of the D. At first, the D need not pay because its a CCC, but if he wins,
docket fees are deducted from what is to be awarded to him.
>PCC, may be included in the first case, or may also be filed entirely
separate from the main case.

>Eg. Interesting case daw. A truck and a van had a collision along a bend in

However, during the presentation of the evidence of the CC, the P did not

the road. Van landed in the ravine and was totally wrecked, while the truck

appear. The children testified about the cases filed by the old disgruntled

only suffered some damages on the front part. The first one who filed the

fellow. Now the children were claiming for attorneys fees and damages.

case was the truck owner against the van owner, claiming that the damages

The court rendered favorable judgment on their CC.

>Was that a CCC? Yes. So far, that is the only CCC I granted in favor of the

amounted to 120k, thus filing it in the MTC. The van owner, upon filing of the
case against him, also filed a case against truck owner. Because the van
was totally wrecked, the van owner filed a claim of 450k against truck owner
before the RTC. The truck owner filed an MD based on litispendentia. Same

D. All the other CCCs had no basis.

>Weak Heart Doctrine Dismiss CCC hahaha. It takes more than saying
you could not eat or sleep to prove moral damages.

Anxiety and

parties, subject matter, and reliefs sought in both cases. Truck owner said

depression must be shown.

>P vs D1 and D2. P (complaint), D (counterclaim). But is it possible for a D

that D should have instead filed a CCC, because his claim arises from the

to have a claim against another D? Yes. It is called a Cross Claim (XC). It

same transaction subject matter of the complaint. But van owner questioned

is a claim of one defendant against a co-defendant arising from the same

the possibility of this since his claims was outside the jurisdiction of the MTC.

transaction subject matter of the complaint.

>If it is a CC, it can be compulsory or permissive. What about a XC? By its

Truly, Ds case is a CCC, but because of the amount, it is taken out of the
jurisdiction of the RTC. If 2 cases are allowed to continue, there may be
conflicting decisions.

What then can be done? CASES ARE TO BE

CONSOLIDATED IN ONE COURT. WHERE? RTC COURT OF GENERAL

JURISDICTION.
>Consolidation is allowed in the RTC provided one of the cases is
cognizable by the RTC.
>If it is a CCC and is included with the answer, and the main complaint is

very nature, it can only be compulsory. It is just called an XC. If a D has an

XC against another D, then they should have different lawyers.
>P lends money (1M) to D and E. But since D is the thinker and doer
(manager), E takes care of the finances. Their arrangement as far as the 1M
is concerned, D manages the business while E manages the finances in
order to pay P. D gives money to E for the latter to pay their debt to P. But
then, D receives a complaint from P for collection of sum of money so D

dismissed, is it automatic that the CCC is also dismissed? Not necessarily.

goes to E and asks him about the finances. D asks, what have you been

When a complaint is dismissed, it does not carry with it the dismissal of a

doing with the money, bitch? D files his answer and also files an XC against

CC.

E for the latter to take responsibility.

>Answer + XC. Check sample pleadings. D says, if the court finds me liable

Remember, affirmative defenses contain grounds for MD.

Upon

hearing and court finds merit in the affirmative defenses in the answer and
dismisses the case, the dismissal is only limited to the complaint.
>The decision further continues, The D is given 15 days from the receipt of
this order/resolution stating whether he will pursue his CC in the same case,
or choose to separately pursue.
>If D pursues it in the same case, such is set for reception of evidence.
>That is why do not file an MD else you foreclose (once MD is granted) your
chance to file a CC. Because there is no such animal as a MD with CC.
Instead, file an Answer with CC so that you can pursue the CC even if the
case is dismissed by merit of affirmative defenses.

SECOND HOUR
>Students: Maam rest, REEEST!!!
>Judge M: No. Ill finish this.
>Another Eg. 1st case was filed by P against H&W for cancellation of a deed
of sale (DOS) claiming that the DOS was not signed by the W, the property
being conjugal, and that any disposition thereof needed wifes consent. In
the DOS, it is alleged that the Ws signature was a forgery. Another ground
that was mentioned was that the DOS was null and void because the H&W
are members of the indigenous people. Under the NCIP, for the disposition
of a land by someone from the IP, it should bear the approval of the NCIP.
Why? To show that IP understand what they are disposing of that it is an
ancestral land. Anyway, as alleged, the DOS had no approval from the
NCIP. However, the case was dismissed because it turned out that there
was no forgery and that the NCIP approved it. The H&W was able to

for my share, then by way of XC, I want E to shoulder everything (that E be

made to pay all the loan including what I may be liable for).
>XC, by its very nature, is compulsory. So, if the main case is dismissed, will
it carry with the dismissal of the XC? YES, because it has no more legs to
stand on. The complaint gives rise to the XC. Were it not for the complaint,
there would not be an XC. So when you dismiss the main complaint, then
there would no longer be an XC to speak of. The XC is dependent on the
main case.
>Must an XC be verified? An XC is a COMPLAINT by one D against a Co-D.
So must it be verified? YES.
>Does an XC require a CNFS? An XC, as a general rule, is not an initiatory
pleading. HOWEVER, in a Supreme Court Circular, they consider an XC an
initiatory pleading for the purposes of DOCKET FEES.
>If taxes are the lifeblood of the nation, docket fees are the lifeblood of the
courts.
>Thus, being included among those considered as an initiatory pleading, an
XC require a CNFS.
>Also, because it concerns matters separate from the P but only between 2
Ds, then it would also need CNFS.
>Despite that, an XC derives its life from the main complaint. No main
complaint, no XC.
>Otherwise, dismissing the main complaint and letting E pay D would be
UNJUST ENRITSMENT.
>Since by its very nature a XC is compulsory, it then has be raised in the

produce a DOS with the approval of the NCIP. What was attached to the

main case.
>Can it be raised at any time before judgment (like a CC)? YES, but with

complaint was a DOS without the NCIP approval.

The P, not contented,

Leave of Court. The court will allow filing of XC on grounds of FAME, before

filed a case (2 case) against the H (W passed away) for damages because

the judgment is rendered. If XC not raised in the same case, then it is

H rented out the property to somebody else, and that P was claiming the

H&Ws children, reiterating the above-2 claims (which landed in Judge Ms

forever barred. That is why an XC has the same effect as a CCC.

>Question? Yes Valentines Day.
>Val: Maam can E file a CC against the XC filed by D against him?
>Judge M: So can E have a CC also against D?
>Val: Yes maam.
>Judge M: You know, you dont call it a CC because the CC is only against

court). The children filed an Answer with CC. Their answer contained

the person who filed the case. E can file 2 answers- Answer to a complaint,

affirmative defenses Res Judicata, while the CC (enough is enough)- we

and ANSWER TO XC. Not Answer to the XC with CC.

nd

rentals alleging that he was the owner. But because of Res Judicata, the
case was dismissed. The H then also died, and the P filed a 3 rd case against

incurred several expenses because of these expenses from the time of our
parents by the same old man. Thus we should be entitled to damages.
Thus, the 3rd case was dismissed, and the children of H&W were allowed to
manifest whether they would like to pursue the CC in the same case or file
another case. The children decided on the former, thus the court set the CC
for hearing to receive evidence. No more pretrial. Was P notified? Yes.

FINALS
AUGUST 29, 2013

AMENDMENT
-Any correction, substitution, alteration of the original pleading.
-Underline the amended in the heading Amended Complaint
-Went to the house is changed to Went to the store
-This is done for the Court to see what exactly are the changes
made. It can also be put in bold letters (consider etiquette), but
underlining is sufficient.
-Whats important is that the Court immediately notices the changes
made.
-Can the Plaintiff amend his complaint? Yes. Can the Defendant
amend his answer? Yes. When? It depends on the kinds of
amendments made.
-1) Amendment as a Matter of Right- A matter of right. You can put
any amendment. It is only a matter of right if done once before a
responsive pleading is served (not filed). There is a difference
between served and filed.
-For the plaintiff, he can amend his complaint as a matter of right
before he receives the answer, and not when it is filed.
-Eg. Today, you receive the answer. [Since service comes before
filing (what is filed in court is one that shows proof of service)]
However, the defendant wont be able to bring the answer to Court
tomorrow. He is only able to bring it to Court on Monday. From
today and tomorrow, can you still amend your complaint as a matter
of right? No more. Because you received the answer today
(served to you).
-If as a matter of right, you can amend anything. Eg.P vs. D for
Forcible Entry. The assessed value of the property is 50K and P files
the case before the RTC. Right away, the Court can dismiss it
outright. On what ground?Lack of Jurisdiction.Even if the amount is
50K. Why? Because Forcible Entry is under the exclusive jurisdiction
of the MTC. But, the RTC was not able to see that. It took
cognizance of the case. When summons was served on defendant,
he saw that it was for Forcible Entry and was filed before the RTC.
Thus, D filed an MD grounded upon LOJ. Plaintiff receives MD. This
time, P files an amended complaint. The MD is set for hearing on
Friday next week, Sept 6. He thus files an amended complaint, and
underlines amended and changes complaint Recovery of
Possession and underlines it. Is this amendment allowed? (an
amendment conferring jurisdiction to a court that had previously no
jurisdiction super super substantial). Yes, the amendment is
allowed. Because it is an amendment as a matter of right. ONLY
ONCE BEFORE A RESPONSIVE PLEADING IS SERVED. But wait!
There was a Motion to Dismiss! No, an MD is not a responsive
pleading. What is a responsive pleading to the complaint?
ANSWER. Was there an answer filed? None. What was filed by D
was an MD.
-Thus, under this, any kind of amendment can be made provided it is
done only once.

-Again, before being served the answer, P tries to make a 2nd

amended complaint adding damages and makes the proper
underlining. Now it becomes, Recovery of Possession and
Damages. Will the second amendment be allowed? NO MORE.
Why? Because it is already the 2nd amendment and that the P is only
entitled once before service of a responsive pleading.
-Supposing the MD was set for hearing on September 6, and on that
day the Court says, ok we will consider the Motion submitted for
resolution. Before the Court could even resolve the MD, here
comes the amended complaint For Recovery of Possession. Can
the court still accept it? Take note that the MD was heard already,
and is submitted for resolution. But before the Court could issue a
resolution, the amended complaint is submitted. Will it still be
accepted? YES, because there is no resolution yet. Again, a MD is
not a responsive pleading.
-Suppose the Court Dismisses the case based on the MD. After the
P receives the decision, he files an amended complaint on the next
day. Should this be accepted? YES. The decision is not yet final (15
days from receipt). Therefore, P can still amend complaint before
expiry of said period, provided he does it once before a responsive
pleading is served.
-Amendments should be done within the time given the D to file an
answer (15 days).
-ASSIGNMENT: PERIODS WITHIN WHICH TO FILE RESPONSIVE
PLEADINGS.
-Answer- 15 days.
-Foreign juridical entity licensed to do business in the Philippines- 15
days if summons is served to a resident agent, but 30 days if served
to a Govt office entitled to receive the same.
-How many days to file a reply? ASSIGNMENT. Memorize the
periods and the dates.
-So, P is to be guided by the 15-day period in filing his amended
complaint.
-How about D? He wants to amend his answer as a matter of right.
Can this be done? Yes. When? Once before a responsive pleading
is served. What is the responsive pleading to an answer? A reply.
How many days does the P have to file a reply? 10 days from receipt
of the answer (That is your assignment but I am giving it to you as a
bonus).
-Isnt it that the filing of a reply is optional? (Except when answer is
based on an actionable document mandatory, so D can deny under
oath). Whether or not a reply is filed, the effect is the same. When
would it be considered as a Matter of Right when a D wants file an
answer (considering that usually responsive pleading to an answer
reply is optional)? When will we recon it? 10 days from receipt of
the answer. Therefore, if the D wants to amend his answer as a
matter of right, he has 10 day from the time he served his answer to
the P. But if the period expires, no longer a matter of right because P
will no longer file a reply.
-Summary- If its for the P, no problem because there will always be
an answer thus, 15 days. But, for the D who wants to amend his
answer but is unsure whether P is going to file a reply, then it is to be
based on the 10-day period from service of answer to P. After the
10-day period, even if there is no reply filed, it is no longer a matter of
right. It will already have to be with leave of court.
-

-Based on the above-example, when the Court receives the

amended complaint (which confers jurisdiction now to the RTC
because of the assessed value of 50K as to Recovery of Possession)
and finds that the MD no longer has a basis (LOD Forcible Entry),
the MD is denied without hearing and Defendant is given 15 days to
file an answer to the amended complaint.

-2) Amendment with Leave of Court- Needs a Motion for a Leave

of Court. Motion to File an Amended Pleading. When does this
come in? After a responsive pleading is served. Or, second
amendment before a responsive pleading is served. Or,
substantial amendments.Discretion of Court.

-What are considered substantial amendments? Eg.Increasing the

liability of a D from 500k to 1M.Or including another defendant.Or,
changing of COA.

What do we attach? The original copy. You will learn in your rules on
evidence that the best exhibit is the original document itself. At the
end, the witness signs.Since it must be under oath then Jurat.

-Motion for Leave to File an Amended Complaint / Answer is a

litigated motion. At all times when you ask permission from the
court, it is always a litigated motion because the court before
exercising its discretion has to listen to what the adverse party has to
say to the motion. Then, depending on the ruling of the court, it will
accept amended complaint/answer.

-NOT YET COMPLETE. The lawyer who took the statement must
also prepare an attestation clause. He will state that he, as the
lawyer, was the one who propounded the questions to the witness,
received the answers, recorded it, and did not in any way coach the
witness. He also has to appear before a notary public and he himself
will testify to the notary public as to the truth of his attestation clause.

-3) FORMAL AMENDMENTS Simplest. Only refers to clerical and

typographical errors. Can be done during the pre-trial
stage.Eg.Grammatical errors. You can just cross out such error and
insert correction, signature on top, and date. (instead of filing a whole
new complaint) Eg.Okay madam witness, when was you born?
-Non submission of a verification. How do you cure absence of
verification? Just make a formal amendment including a verification.
What if complaint has no CONFS, can it still be amended to include
such? NO. Absence of a CONFS is not curable by amendment.
-Any clerical or typographical error, or the absence of a verification
can be cured by a formal amendment.

-4) AMENDMENT TO CONFORM TO EVIDENCE- P vs D (damages

based on quasidelict). However, in the complaint, P only spells out
hospital bills, loss of income, professional fees (all of which are
actual damages) amounting to 500K. Thus, D files an answer and
they proceed to trial. In the trial, the only issue raised was WON the
P is entitled to her claim of actual damages in the amount of 500K.
That is only the issue. During the trial, P takes witness stand and
she testifies and presents all her receipts, bills, pay slips, etc. After
such, the P starts to give testimony regarding her ugly scar (run on
her stocking) and tries to prove moral damages. At that point, can
Ds counsel object? YES. If Ds counsel does not object and Court
believes there are grounds for Moral Damages even without such
having been stated in the complaint, can the Court award Moral
Damages? YES. The court will have to order the P to amend her
complaint in order to conform with the evidence.
-But despite the order, the P does not amend her complaint. Can the
Court still award Moral Damages? YES because the evidence is
already on record. Order is just for the increase of docket fees. If
there is no payment and there is no amendment, the additional
docket fees shall serve as the first lien on the award.

-EFFECTS of Amendments:
1) It supersedes the pleading it intends to amend. Supersedes
prevails. Prevailing complaint / answer, superseding the old
ones.Now controlling. Original complaint / answer remains on
record. Its just that it will no longer be considered because it has
been superseded.

AUGUST 31, 2013

+++FIRST PARTS WERE NOT RECORDED+++

-That marked document now becomes part of the judicial affidavit of

the witness and must therefore be attached to the judicial affidavit.

-So in the Judicial Affidavit, you will see 2 Notaries Public. (The
lawyer who took the statement and the lawyer who subscribed to the
oath of the first lawyer).
-Judicial Affidavit must be submitted together with pretrial brief. If not
submitted, or a wrong JudA is submitted, the judge can fine you.
Finest Judges.
-In trial, the witness who has a JudA is presented. He will take the
witness stand and will be sworn in. Will be shown and asked about
the JudA for direct testimony. This cuts down the proceedings.
-JudAare attached together with the exhibits. It is submitted to the
court and furnished to the adverse party, for the latter to be ready for
the cross. (photocopies of the JA and exhibits
-JDR IS MANDATORY IN ALL CIVIL CASES. However, in criminal
cases, if the penalty is 6 years and below, it is mandatory (MTC has
jurisdiction). Thus, all criminal cases before the MTC requires the
use of JDR. But if penalty is 6 years, one day and up, the JDR will
apply only if the accused gives his consent. In these criminal cases,
who will get the testimony of witnesses? The prosecutors. Huge
implication, as it cuts short their gulf gulf time.
-For criminal cases, JDR is not applicable until January 1, 2014.
They have a 1 year reprieve to arrange logistics in their office.
However, if there is a private prosecutor, JDR applies. The private
prosec has to prepare the JudA.
-Supposing the lawyer is lazy and puts things straight in English?
Upon cross-exam of said witness and English is used, testimony can
be objected against. Once the court sustains this, the witness can
no longer be presented. JudA was wrong from the start because it
was prepared in English. So make sure you put it in the dialect of the
witness.
-Lawyers perception, not the witness.
-The JudA of witnesses must be submitted together with the pretrial
brief, at least 5 days before the pretrial date.
-On the day of the pretrial, we do not have the pretrial. Why?
Because we will have the Court Annexed Mediation (CAM). File it
first in Court then go to Mediation.
-In the Philippines, there is a referral to the Lupon but it doesnt work
because it is very political so they go to court anyway.
-Under the new rules (which will take effect probably next year), you
have to show that you have undergone 2 mediations before going to
Court (patterned from Canadian system). Under the new rules, you
go first to mediation. If it fails, go for arbitration.
-Right now we have mediation, but it is not in the Rules of Court. So
what is its authority? Check Rule 18 (Pretrial), under Section 2
(Things to consider during pretrial)- Alternative Modes of Dispute
Resolution. There must be other ways to resolve the case without
going to court. What would this be? Mediation.
-Accredited mediator is one who has undergone the necessary
training conducted by the SC under the Philippine Judicial Academy.
Qualification At least 30 years of age.

-All civil cases require mediation.

-As to criminal cases- only the civil aspect of theft, estafa, qualified
theft, BP 22. Under the rules, the criminal aspect can never be
compromised. During settlement of the civil aspect, we still proceed
with the pretrial of the criminal aspect.
-It can also happen that upon compromise, the complainant would no
longer like to testify against the accused because of the settlement of
the civil aspect in the mediation. What happens then? The criminal
case would be dismissed because there is no longer any testimonynot because it was compromised but because there is no more
evidence against accused. This is because the only who can give
evidence (private complainant) refuses. That is the reason why the
above-criminal cases are allowable for mediation as to the civil
aspect, and not other crimes such as murder, rape, etc.
-In said criminal cases, may parties refuse to mediate on civil
aspect? YES.
-Lupon lawyers not allowed. Mediation allowed.
-If parties enter a compromise agreement in a mediation, said
agreement is signed by parties. If lawyers are there, they also sign.
Then it is signed by the mediator, as well as by the staff of the
Philippine Mediation Center.
-If successful, the agreement is submitted to the Court. The moment
it is submitted to the Court, the court renders a judgment. What is
the judgment? It copies exactly the compromise agreement
verbatim.
-Wherefore, finding the compromise agreement not contrary to law,
morals, public policy, etc. the court approves the compromise
agreement and renders judgment in accordance with the terms and
conditions of the agreement, and the parties are directed to comply
with the terms and conditions faithfully and religiously. That would
now be the judgment.
-Judgment becomes final and executory on the day of the judgment
itself, because it is based on a compromise agreement. There is no
more trial. Therefore, since it was agreed upon by the parties, it
becomes final and executory on the day the judgment is rendered.
Therefore, case is over. YEHEY! However, it is easier said than
done.
-Mediation win some and lose some
-If mediation fails, they go back to the same court. Now arrives
Judicial Dispute Resolution. Still, no pretrial. Now, the judge
becomes the mediator (not as a judge). All testimonies and
admissions are confidential. Cannot be used in court.Bawal
stenographers. Judge and parties lang.
-Stories about how awesome Canadas Judicial system. Jury system
and whatnot.High tech facilities and stuff. You will cry daw. Enjoy
the fantasy before you go back to reality.

SEPTEMBER 3, 2013
FIRST HOUR
-Because we have CAM, on the day of the pretrial, we refer the
matter to mediation. If it is settled, then they have a compromise
agreement, the court issues a judgment based on the comp-ag which
becomes final and executory on the day it is executed. However, if
mediation fails, we go to judicial dispute resolution where the judge
acts as a mediator. We get the parties to come to a resolution of
their problems.
-In JDR, you do not look at the rights of the parties, but rather at their
interests. There may be rights that may be disregarded. If they

agree, the judge drafts out the comp-ag and lets the parties sign it.
The moment the comp-ag is approved, it becomes final and
executory on that same day.
-In JDR, there is an Early Neutral Evaluation. Both parties are hardheaded and would not like to look at proposals. Judge gives a
neutral evaluation of the outcome of the case based on their
evidence. Eg. You know, basing on your evidence, I think I will
judge in favor of the plaintiff.
-If JDR fails and then goes to court, a different judge will handle the
case. The parties have the right to the cold neutrality of a judge.
With an ENE, impartiality is destroyed.
-If JDR fails, all discussed matter remain confidential and may not be
used against each other in trial. Then, Judge will have the case reraffled in other courts. Sometimes, this is the Pre-Trial proper but will
be conducted by another court.
-Supposing there is only 1 MTC judge and 1 RTC judge? That is why
JDR is not jurisdictional. In single sala courts, if it is JDR, the RTC
judge does the JDR of MTC cases vice versa.
-2 judges Judge to whom the case was filed for JDR and the Judge
who conducts PT up to issuance of decision.
-Are all cases mediatable? Yes, except when it comes to probate.
-All civil cases, regardless of what kind of parties (natural or juridical),
are to undergo JDR. Regardless of their residence, undergo JDR.

PRETRIAL PROPER
-PT judge handles everything from PT to issuance of judgment.
-During the PT, the presence of all the parties is mandatory. It is not
enough that only the lawyers are present. However, if the parties
cannot be physically present, they execute a special power of
attorney in favor of a lawyer or whoever is going to represent them in
the pretrial.
-SPA, for purposes of pretrial, the authority of the attorney-in-fact
must be stated as contained in the rules (RULE 18, Sec 2). This rule
shows things to be considered during pre-trial.
-Right now, mediation and JDR are not covered by the rules. But
where do we derive authority? Look at Rule 18 alternative rules of
dispute resolution. One of the things to be considered during pretrial.
-Alternative ways of dispute resolution other steps to be taken
aside from relying on the court .
-If you cannot be personally present, the SPA should contain the
authority to enter into any of those listed from letters A to I. I hereby
give my attorney-in-fact the power to abc copy all
-If it is not all included, it merely becomes a regular SPA, and does
not contain the proper authority necessary.
-Can an SPA also be used in mediation and JDR? Yes. However, it
must also contain not only all those mentioned in Rule 18, but also
the authority to enter into settlement in mediation or JDR.
-The presence of the parties is more important than the presence of
the lawyer in the pretrial. If plaintiff is absent or has an AIF whose
authority is not complete, what is the effect? If plaintiff is the one who
is absent, the complaint is dismissed. What if the lawyer is
present? Still, the complaint is dismissed (unless the lawyer has a
complete SPA). However, the dismissal is only limited to the
complaint. What happens if there is a counterclaim? The defendant
is allowed to present evidence on the counterclaim.
-Why? Presence of the parties is mandatory.

-If it is the defendant who is absent, or the lawyer is not armed with
an authority, or there is an authority but does not comply with the
rules, the plaintiff will be allowed to present evidence ex parte (before
the branch clerk of court who is a lawyer just like in default). What
happens to the CC of the D? It will be dismissed as well.
-If their lawyers are present, but the parties are absent, the case will
be dismissed.
-But if vice versa, the court will reset the pretrial and cite the lawyers
in contempt, or fine them for failure to appear.
-If it is a corporation or juridical person, usually the president or the
CEO represents. But, such authority must be contained in a board
resolution authorizing the former (or even their lawyer) to represent
them during the pretrial.
-If the defendant with the XC is the one present, he will be allowed to
present evidence ex parte against the absent defendant. But if the
defendant against whom the XC is filed is present and the defendant
who filed the XC is absent, then the XC will be dismissed.
-During the PT, the court will now issue a PT Order (PTO). Usually,
the first paragraph of the PTO will contain the authority given to
representatives (which shall be attached and made part of the record
of the case). Then, there is a brief summary of the case. Then, there
is the stipulation of facts. Under this, there are those that are
admitted and those that are disputed (Take note of stipulations of
proposals).
-You have to be smart enough to know what and what not to admit.
When it comes to admissions, be very careful. Under the admitted
facts, presentation of evidence is no longer necessary, because they
have already been admitted. If not admitted, put it under disputed.
During trial, these are now called Judicial Admissions because they
were admitted during the proceedings conducted in court. No need
to present proof as they are the evidence in themselves. However,
those that are disputed shall be subjected to the trial. Eg. Disputing
against the signing of the promissory note has to be disproved.
Thats why in the stipulation of facts, be careful with what you admit
or deny.
-After stipulation of facts, we go to the issues. The issue is
sometimes factual (detailed eg. WON the defendant signed the
PN), but more often than not, shortened (eg. WON the plaintiff is
entitled to his cause of action).
-Because of the JAR, the parties identify and mark the exhibits. Prior
to the JAR, the exhibits are listed in a documentary manner. But
now, documentary exhibits are no longer included. Testimonial
nalang.
-Trial Dates- In civil cases, the plaintiff always presents the evidence
first. In criminal cases, the prosecution is to present evidence first
because of the accused persons constitutional right to presumption
of innocence. However, accused may present evidence first when he
pleads a justifying circumstance.
-Is there an instance where defendant presents evidence first in civil
cases? NONE. In civil cases, it is the plaintiff that claims his right is
violated. He has to be the one to present evidence.
-Usually, in JAR, 1 day = 1 witness.
-The PTO shall guide the trial. No other witnesses can be included.
Should have been included in the PTO. All witnesses should have
been named in the beginning. No surprise attacks. Should appraise
each other of evidence.
-These can now give rise to the Motion for Summary Judgment.
This motion is filed only after pretrial. You want the court to resolve
the case already, based on the pleadings, the complaint, the
admissions, etc.

-If a legal issue is what remains, no need to present evidence.

Judges job is to look for applicable law.
-Factual issue vs Legal Issue: Factual won a certain incident
happened, won D signed a PN, etc. factual needing evidence
because the judge is not a god that knows everything that happened.
As to Legal Issue- What law is applicable? Or the law is there but
both parties have different views on how the law is to be applied. No
need for evidence.
-MSJ- all the facts have been admitted and now only legal issues
remain.
-MSJ is filed either by the P or the D. On what ground? There is no
longer any factual issue. MSJ is a litigated motion.
-Eg. P vs. D, E, F, and G. P is the owner of a parcel of land. D and E
wanted to buy the property. But to pay it, the property had to be
mortgaged in order to pay for the property. But, the bank did not
want to accept said property because the ones applying for the loan
are D and E, since the property is in the name of P. If it was P who
would secure the loan, then there would not have been a problem.
So this is where the problem started. D and E told P to make a
simulated sale. In the said DOS, the property is to be sold to D and
E. Upon registration of the property in the latters name, they would
now apply for a loan. Once the loan is released, the money goes to
P in payment of the property and then D and E shall pay the bank.
However, there is a side contract saying that the property is not yet
paid, and that the loan is to be used to pay for the sale. P agreed.
So, there was a DOS, and the title of the property was cancelled and
registered in D and Es name. So, D and E mortgaged the property
to the bank (F), the latter releasing the loan to D and E. However, D
and E did not pay P. Worse, they disappeared. So, F foreclosed the
mortgage since the loan was not paid. During the foreclosure sale, G
was the highest bidder. Therefore the property was transferred to G.
P, upon knowing all of this, filed a case against F and G (didnt want
to file a constructive summons against D and E). So F and G filed an
answer. What P wanted was the return of the property in his name.
During the PT, the parties were there. In the proposals for
stipulation, P admitted that during the mortgage, the property was
already in the name of D and E. P also admitted that the title was
clean (no memorandum of encumbrance). P also admitted that the
sale was foreclosed, and that G was the highest bidder, and that G
was not a privy or a party to the transaction between P and D&E, nor
a party bet transactions bet D&E and the bank, and that G was an
innocent purchaser for value and in good faith. Thus, counsel for F
and G filed a Motion for Summary Judgment. The only recourse of P
is against D and E. Was there a factual issue? None. There was
only a legal issue. So, the Motion was filed and then was granted.
No longer needed trial.
-Summary Judgment comes in after pre-trial because the court takes
into consideration the admitted facts. When the court allows
summary judgment, it will direct the parties to submit their respective
position papers.
-However, in the above-case, P opposed the Motion for Summary
Judgment, claiming that there is a need to prove that F and G knew
about the transactions with D and E. However, P has already made
all the above admissions.
-Motion for Judgment on the Pleadings is different from Motion for
Summary Judgment because the former is filed by the P alone on the
ground that there is no more issue (because defendant admitted
everything in his answer). In the latter, it can be filed by either party.
In the former, it can be filed after answer has been filed but before
pretrial. For the latter, it is filed after pretrial. For the former, the
judgment will only be based on the complaint, answer, and reply. As
for the latter, this will be based on the pleadings, the admissions
during the PTO, and will take into account the position papers of the
parties.

SECOND HOUR
-After Pre-Trial, we now go to Trial. So what happens during Trial?
This is the time where parties present their evidence.
-Eg. P vs D and E. D has a CC (vs P) and an XC (vs E). E has a 3 rd
PC against F (E as 3rd PP vs F as 3rd PD). F has a CC against E.
-The P presents evidence first, of the allegations in his complaint. He
cant defend himself against CC yet. Next, D presents evidence as
to 1) defenses in his answer, 2) his CC against P, and then 3) his XC
against E. D presents evidence all at once. After he presents
evidence, is he done? Yes. Then, it is Es turn 1) defenses against
the Complaint, 2) defenses against the XC, 3) his evidence of his
allegations in his 3rd PC. Next, F as to his 1) defenses in his answer
to the 3rd PC from E, 2) and his CC against the 3rd Party (E).
-After everyone has presented evidence, who goes next again? It
would be P, presenting his rebuttal against the CC of D or any other
allegations. As for D, he can file a surrebuttal against the rebuttal.
There is no longer rebuttal against surrebuttal.
-There is also what we call Separate Trials. On motion of the
parties, the court may allow upon its discretion separate trials. Same
as above. First trial would be for P to present evidence as above.
Second trial would involve D as above. And so on. In separate trials,
there can only be one judgment if there is one case.
-In the first approach, all the parties have to be present, unlike in the
separate trials, the parties involved will need to be present. The first
method is the procedure adopted now. The separate trials are
discretionary upon the court.
-All witnesses are subjected to direct, cross, redirect, recross. But
now, JDR takes its place.
-This time, upon filing of postponement, there is now a fee.
-Illness Med Cert subscribed by a notary.
-Subpoena- a Court writ/process directed to a person to appear and
testify in court under penalty of law.
-Subpoena ad testificandum and Subpoena ducestecum. The first
one refers to the act of testifying. As to the latter, it is directed to a
witness to bring certain documents, books, or records to the court.
Must he testify on them? Not necessarily. Because these are just
records in his possession, and he would not necessarily know about
it or its contents.
-A subpoena is a coercive process. Fail not under penalty of law.
-For criminal cases, a witness who disregards a subpoena can be
arrested and can be made to pay a bond.
-In civil cases, the court can have the witness show cause as to why
he should not be cited in contempt for refusal to honor the subpoena.
But as an exception, a witness may be allowed to ignore the
subpoena upon invocation of Viatory Right.
-Viatory Right- if he lives more than 100 kilometers from where he is
to testify.
-However, if Kilometrage has been paid, viatory right cannot be
invoked. Subpoena must be honored.
-What if you cant afford the kilometrage of an important witness?
Check modes of discovery.
-COVERAGE OF THE QUIZ ON THURSDAY IS FROM 3 rd PARTY
COMPLAINT UP TO SUBPOENA. WHAT IS TO BE TAKEN UP
TOMORROW (SEPT 4) SHALL NOT BE INCLUDED.

SEPT 4
FIRST HOUR
-Presentation of Evidence- After Plaintiff presents evidence, the D
may file a demurer to evidence (DTE)
-What is a Motion to Acquit? Criminal case = Motion for DTE
-MD based on insufficiency of evidence = Motion for DTE
-There is no demurer if prosecution or Plaintiff has not yet presented
evidence.
-Criminal Case DTE- must ask for LOC
-There is presentation of exhibits.
-Parties are given 10 days to make comments.
-Court would either admit evidence or not.
-Court wont admit on the following grounds:
-Not material to the case
-Not competent
-Not relevant,
-Now, with the JDR, all exhibits shall be contained.
-If Plaintiff is convinced that the evidence presented is not sufficient
to reach a degree required to have preponderance of evidence, he
may file a Motion for DTE. No need for LOC in civil cases.
-In criminal cases, if the Court grants demurer, this is tantamount to
acquittal.
-If the court denies the DTE, the accused is made to present
evidence.
-If Motion for DTE is filed without LOC, or Motion for LOC was denied
and still a DTE was filed, this can still be either granted or denied.
-If denied, the case is deemed submitted for decision. No chance to
present evidence because it is not with LOC. If it is a criminal case,
always ask for an LOC before filing an LTE.
>CIVIL CASES, for DTE, no need for LOC.
-Once court makes its ruling on the formal offer of evidence, then file
the DTE right away. This can either be granted or denied.
-If granted, this leads to the dismissal of the case.
-If denied, the Defendant is made to present evidence. No har no
foul.
-If the case is dismissed, does the P have a remedy? Yes. Via
Appeal.Unlike in an acquittal (Final and Executory) where double
jeopardy would arise.
-On appeal, if the appellate court agrees with the trial court, the
former will affirm resolution of the trial court and thus dismiss the
case.
-if The appellate court disagrees with the trial court, it will reverse the
ruling of the latter, which is tantamount to denial.
-Will the defendant be allowed to present evidence? No more. That
is the danger. No longer allowed to present evidence.
-Case will be decided based on Ps evidence alone.
-Will the appellate court decide on the case or remand? The AC will
decide on the case on its own. This is because the D is already
depreived of his chance to present evidence. Plaintiff wins.
JUDGMENT DAY
-Some use the word decision. Once it becomes FE judgment.
-Rules require judgment must be personally prepared by the judge,
must be in writing, and must clearly state the facts and the law upon
which it is based.
-Decision: Facts, law, body, and dispositive (decretal) portion
wherefore.
-Decretal / Dispositive portion is the judgment because it is the one
that will be executed.
-What if the body is in conflict with the dispositive portion? Which will
prevail? Dispositive portion will prevail, unless there is a glaring error
that dispositive portion is wrong.
-Judgment must be very clear as to leave no doubt, else a party may
file a Motion for Clarificatory Judgment.
-Judgment can either be without presentation of evidence or with
presentation of evidence.
1) Judgment WITHOUT presentation of evidence
a) Judgment by default
-Allegations in complaint are sufficient
-Can also be with presentation of evidence. When? If the
court feels that
-Allegations in the complaint are not sufficient for
judgment; or
-There is a claim for damages (proven beyond
certainty)

b)Judgment on the pleadings

-Based on complaint and answer
c) Judgment by Compromise Agreement during CAM or JDR
-If with Comp Ag, no need to present evidence.
d) Summary Judgment
-Comes after pretrial
2) Judgment WITH presentation of evidence
a) Some instances in Judgment by Default (check above)
b)Full-blown trial with Judgment on the merits
-Each party is given opportunity to give evidence.
3) Demurer to Evidence
SECOND HOUR
-If in criminal cases there are promulgations of judgment, there is no
such thing in civil cases.
-So what happens if Judgment is rendered in Civil Cases? It is just
given to the lawyers of the parties. This is served personally; or by
Regular mail.
-All orders, resolutions, notices, and decisions emanating from the
court are served to lawyers personally by an employee of the court
called a process server. If the office of the lawyer is far, then via
registered mail.
-Does the court pay for the registered mail? No. The court has
Franking Privileges.
-Basic Rule: Service to counsel is service to client.
-Furnish parties as well.
-WHEN JUDGMENT BECOMES FINAL AND EXECUTORY
-In criminal cases 15 days from promulgation. If it is an acquittal,
then on the same day.
-In Civil Cases- since given to lawyers of Plaintiff and Defendant, it is
rare that they receive it on the same day.
-Eg. Ps lawyer receives decision on Sept 4. Ds lawyer receives it
via registered mail on Sept 12. When will the judgment become FE?
Add 15 days for each. So, P can avail of remedies before Sept 19,
while D before Sept 27.
-On Sept. 20, Ps counsel files a notice of appeal. Will the Court
entertain this? No. Beyond 15 days. But if it is Defendant that files
notice of appeal on Sept 20, this will be allowed up to Sept 27.
-Finality of decision for a civil case depends on the date of receipt by
the partys counsel. But for purposes of finality for entry of
Judgment, then up to Sept 27. Meaning, by that time, it can be
executed. The decision becomes FE on Sept 28.
-If decision has lapsed into finality without parties availing of
remedies, such decision is entered into the Judgment Book.
-Date of entry in the Judgment book is the date of finality, and date of
finality is the date of entry. The dispositive portion is entered.
-What if the clerk is delayed in entering the judgment and enters it on
October 3? Follow the principle above. If the decision becomes final
on September 28, then that is the date of finality, which shall also be
considered as the date of entry. Thus, in the book, the date indicated
is Sept 28.

FINALS COVERAGE

REMEDIES BEFORE FINALITY

When must be done: Must be done within the 15 day period.If such
remedies are not availed of, the decision becomes final.
1. MOTION FOR RECONSIDERATION (MR)
It is always a Litigated Motion. Be aware that it needs notice of
hearing. Consider the 3 day notice and 10 day hearing rule. Address
adverse partys counsel, and not the clerk of court, otherwise pro
forma motion.
Grounds for Motion for Reconsideration:
a) Excessive or insufficient award of damages.
b) Evidence does not justify the decisions, or decision contra
evidence.
c) Decision is contrary to law.

Problem: The plaintiff P presents evidence, and subsequently tells

defendant D that he will withdraw the case. As such, the defendant
did not present evidence.However, P suddenly pushes through with
the case. The case was then decided against D. Upon receipt of
decision, can Defendant file an MNT?
Answer: Yes. D must file not an MR, but an MNT. He is asking the
court that he be allowed to present evidence because he was not
able to do so. His motion shall be based on the ground of extrinsic
fraud, a scheme or a machination on the part of P, so that D would
not be able to present evidence.
Excusable negligence
Problem: The lawyer fails to appear every time. As a result, the
Judge gets angry, so judgment is rendered against the party. Party
changes lawyer and files for a MNT. Will the motion prosper?
Answer: Whether or not the case is with excusable negligence is
upon the discretion of the court.

The moment MR is filed, the court may set it on the date filed for
hearing or the court sets it on its own. If the court sets the hearing,
notice of hearing is sent to person who filed the motion.

The court may accept excusable negligence as a ground and they

may say that they will not allow the negligence of the lawyer to affect
the rights of a client. On the other hand the court may deny such
ground and impute the negligence of the lawyer to the client.

On the hearing day, the adverse party is given opportunity to file

comment to the MR.

Note: Procedural requirement for FAME as a ground for any motion:

Affidavit of Merits (under oath) and MNT is always a litigated motion.

After comment/opposition, the MR is submitted for resolution. It can

either be denied or granted. If MR is denied, the decision stands.

b)

Such decision now denying the MR can be appealed. FRESH

PERIOD RULE (FPR) now applies.
In denial of MD, the person has the remaining days to file an answer,
but if it is less than 5 days, automatically 5 days, if MD is denied.
FPR gives a new 15-day period from receipt of order of denial.
Example:The decision was received on September 4. On
September 10, losing party files an MR. OnSeptember 13,
sets the hearing of MR. October 1 - resolution denying MR.
Oct 5- receipt of denial. Thus, party has up to October 20 to
file an appeal because of the FPR.
What if MR is granted?The decision is then modified to suit whatever
it is being prayed for.
If the party is not contented with modification of the decision, such
can be appealed. The FPR does not apply, but still will have 15 days
because the modified decision is considered as a new decision.
Note that in FPR, the decision is not changed, but the rules give a
15-day fresh period and only applies if an MR is denied.
If an MR is denied, can a second MR be filed? NO. Theres no such
thing as a second MR. Parties are only entitled to 1 MR. Both parties
may file separate, but both are only entitled to 1 MR.
Exception: Supreme Court may allow more than 1 MR, since it is
discretionary upon them.
What if a second MR is based on a different ground? Still no, all
grounds must be placed together in 1 motion.
NOTE: 15-DAY PERIOD IS NON-EXTENDABLE.
2. MOTION FOR NEW TRIAL (MNT)
It is a motion asking thecourt to go back to trial because party is
unable to present evidence.
Grounds for a Motion for New Trial:
a)

Fraud, Accident, Mistake, Excusable Negligence. (FAME)

Note: FAME is the same ground for Motion to Lift Order of Default. If
such grounds were already used in MTLO, such ground can no
longer be used in MNT. Use a different one (from FAME)
Fraud as a ground pertains to Extrinsic Fraud.

Newly Discovered Evidence

NDE pertains to new evidence and not a newly manufactured one.

Such evidence has been present all along, although could not be
found even with due diligence and with all effort. It only surfaced after
a decision was made. The movant was not able to present this before
because it was misplaced, lost, or for whatever reason.
Note: In order for this to be allowed as a ground, the NDE must be of
such character that if it is allowed to be presented, it will change
result of decision.
In the motion, it must be explained why the evidence was not
presented in time, and how it would affect the decision.
Example: Recovery of possession. PlaintiffP has a Deed of
Sale (DOS) executed by Ds predecessors in interest in
favor of Ps predecessors in interest. Both predecessors
died.
P alleges that the said DOS has been shown to him by his
father, however, they were not able to register the same,
and therefore the DOS is in their name but the tax
declaration was still in the name of the D.
P was not able to produce the DOS so the court dismisses
the case. The only evidence needed for the action is
missing. In this case the DOS has to be shown. After
decision was rendered, the P was able to find the DOS
within the 15-day period. P can now file a MNT based on
Newly Discovered Evidence. Such NDE can alter decision
of the court.
May a second MNT be allowed? Yes, provided it is not based on the
same ground. (It cant be Fraud, then Accident, then Mistake, etc.)
MNT can either be denied or granted.
If denied, the decision should be appealed. Fresh Period Rule can
be applied here as well (15 days from receipt of the denial of the
MNT). Point out (Assignment of Errors) the errors in the denial of the
MNT.
If granted, that means that the party is allowed to present
evidence.The decision which was rendered is vacated. The court will
go back to trial. Supposing it is only the defendant who ought to
present evidence, do we let Plaintiff present his evidence all over
again? Not anymore. Previously presented evidence is adopted. It is
now Ds turn to present evidence. Based on such, the Court renders
a new decision.Such new decision is appealable.

3. MOTION FOR REOPENING OF TRIAL (MRT)

Differences between New Trial and Reopening of Trial
First, as to basis: MNT is under Rule 37 whereas MRT cannot be
found in the Rules. What is its basis? MRT is based on
Jurisprudence and usage. It has been practiced and thus allowed
ever since.
Second, as to when filed: MNT comes in after a decision has been
rendered. In MRT, there is no decision yet, but the case has already
been submitted for decision. It is filed when both parties rest their
case. Before the judge resolves the case,MRT can be filed. If the
judge already rendereda decision, the remedy is MNT.
Third, as to the grounds: In a Motion for Reopening of Trial, it may
be any ground upon the discretion of the court. FAME can be used
and even Newly Discovered Evidence, whereas in MNT, it is based
on its 2 original grounds only.
Example: In a case,D asks the witness if he can testify in
his behalf, that he did not receive any money from P since
the witness was there. But the witness says, Sorry but
both of you are my friends. Id rather remain neutral. As
such, D loses in the case. After decision was rendered, the
witness goes to him and offers to testify. Can the witness
testimony be considered an NDE? No. Witness sudden
change of mind is not considered New. However, said
witness can be presented as a ground for MRT.
4. APPEAL
An appeal is a statutory right. It is not a matter of right.What the rules
and procedures prescribe for it must be followed strictly and
construed against appellant.
It must be made within 15 days from receipt of the decision, or denial
of an MR, or the denial of a MNT.
Can a Motion for Extension be allowed for period of filing of an
appeal? No. Such is tantamount to extending the period of appeal.
The rule is that the 15 day period is non-extendable.
Who can appeal? Only parties to the case may appeal the decision.
A non-party has no ground to appeal.
Example:D did not file a third party complaint. Judgment is
rendered and 100K is within the indemnity agreement
between D and the insurance company. D does not appeal
within the period. Can insurance company appeal? No,
because it is not a party to the case. The judgment was
now to be executed.
D says that they cannot collect from him but instead, from
the insurance company because of the indemnity. So the
lawyer of D files a motion that the writ of execution should
be executed against the insurance company. The court
grants the motion, with an order directing the issuance of a
writ of execution against the insurance comp to pay liability
of D to the P. This time, can the insurance company
appeal? Yes. But what will it appeal? The decision? No.
Again, it is not a party to the case. Rather, appeal the
order, because that is where it got involved.
Note: A theory of the case cannot be changed on appeal.
Example: Recovery of Possession. D refuses to surrender
possession because he says he has been in possession of it longer
than P ever did. D lost and was ordered to surrender property to P. D
appeals and now says that he bought the property and thus he is
entitled to it. Is the contention of D proper?
Note that there is a change in the theory, from an adverse possessor
to a buyer. Change in theory is not allowed.
MODES OF APPEAL
1. Ordinary Appeal
How done: by filing a Notice of Appeal.
If the case emanates from MTC and it is to be appealed to the RTC,
the mode is via ordinary appeal. (notice of appeal)

If it emanates from the RTC and is to be appealed to the CA the

mode is also via ordinary appeal. (notice of appeal)
How is this done? Upon receipt of the decision and a party chooses
not to file an MR or a MNT, just prepare notice of appeal.
Appealing the decision of the court dated (date of
decision), which the undersigned counsel received on
(date received) to the (appellate court).
The date of receipt of decision must be indicated because the court
has to determine whether it was filed within the 15-day period.
Notice of appeal is only a notice, not a motion. Appeal fees mustbe
paid to the court of origin.
The court will just look at the notice of appeal, find out about the date
of receipt, and start counting 15 days from there. If it is filed within
the 15-day period, the court gives it due course.If it is out of the
reglementary period, then the court denies it.
If given due course, it is then forwarded to the appellate court.
What do you appeal?Only final orders are subjects of an appeal. A
final order is one that disposes of the case.
Final Order v. Interlocutory Order
A final order disposes of the case, while an Interlocutory order does
not dispose of the case, there is still something that the court has to
do.
In a FO remedy is appeal. In an IO, the remedy is a petition for
certiorari under Rule 65.
Problem: P presents witnesses. On said date, Ds counsel
was not around despite notice. No cross examination
because Ds counsel was absent.Waived said right.Same
thing happened with other witnesses without cross exam
from the D. P rests case. D changes lawyer, and the latter
files a Motion to recall Ps witnesses for cross-exam. Court
denies. Ds counsel files an MR, but this was again denied.
What should Ds counsel do? File an appeal or a petition
for Certiorari under Rule 65?
Answer: The order denying the Ds Motion is an
interlocutory order. Thus, Ds counsel should petition for
certiorari under Rule 65.
If Ps complaint was dismissed, is the said order FO or an IO? It is
an FO. The court has nothing else to do now. What if the D has a
counterclaim? Yes it is still an FO. If a case is dismissed, it is only
limited to the CC. And a D may pursue his counterclaim in the same
case, or in a separate course of action.
When the court gives an appeal due course, the court has 5 days to
transmit the entire records of the case to the respective court.
What if within the 5-day period, the winning party files a motion for
execution pending appeal? Can the court still act on it? Winning
party fears that loser might be disposing of properties while appeal is
being made. From the time the court gives due course to the appeal,
it no longer has jurisdiction to hear the case, because it would now
be the job of the appellate court. Here comes a motion for execution
pending appeal and the court has already given due course. But
then, the records are still with the said court. Can the court no longer
act on the motion of execution? YES it can, by virtue of residual
jurisdiction.
-Residual jurisdiction- remaining jurisdiction of the court because said
court is still in possession of the records of the case. Thus, said
court can act on a motion of execution pending appeal so long as it
still has the records via residual jurisdiction.
-Appellant- brings appeal. Appellee- person whom the case is
appealed.
-Under ordinary appeal, maintain title (Plaintiff- Appellant/Appellee,
Defendant- Appellant/Appellee).
-Case eg. A decision is rendered by a court. Since P received it first,
he only had up to Augus 20, while D had only up September 6 to file
an appeal. On August 20, the P, he files a notice of appeal. On
September, the D files an MR. What will the trial court do? Should it

give due course to the appeal or to the MR? The trial court acts first
on motions that are still within its jurisdiction. The court must act on
any and all incidents while it has jurisdiction of a case. If the period
within which to appeal by either parties has expired and there is a
pending appeal, that is the time that the court gives due course to the
appeal. Appellate court will not act on any MR or MNT. It will only
act on appeals. That is why the trial court has to wait up to the last
day for any remedies from the parties prior to giving due course to an
appeal.
SEPTEMBER 11
-Ordinary Appeal
-If appeal is made before the RTC, appellant will be direct to submit
his memorandum on appeal (written statement about errors
committed by lower court and what appellant is asking for).
-Memorandum on appeal Discuss the errors, why they are errors,
and how the court should resolve the errors.
-Copy of Memo should be furnished to Appellee. The appellee has
15 days to file own Memo on Appeal from date of receipt of
Appellants Memo.
-Appellant is directed to submit Memo on Appeal first, lest it result to
dismissal of appeal. Likewise, failure to submit within 15 days
dismissal.
-Filing of the Memo on Appeal is mandatory.
-What if Appellee disregards submission of Memo on Appeal? Will
the case be automatically decided against appellees favor? NO.
Wont affect decision. It is up to the appellee WON he submits
Memo. Some appellees may even make a manifestation adopting
the decision of the lower court as his memorandum on appeal
(because appellee won in the lower court)
-As a rule, appeal is submitted for decision. No trial. But now, the
court sets case to JDR on appeal. Usually doesnt work. Reraffled to
court that will resolve the appeal.
-In a crim case, accused appeals but does not submit a memo on
appeal. Will appeal be dismissed? NO. Here is where it varies. If it
is a crim case that is being appealed to the RTC from the MTC, the
accused and the prosec are given 15 days to SIMULTANEOUSLY
submit their respective memoranda. After 15 days, WON a memo is
submitted by either party, the RTC will decide the case based on the
records from the MTC. The appellate court will still have to go over
the entire records, unlike in a civil case.
-Is there a JDR on appeal in a crim case? Yes, as to the Civil aspect
only in cases of violations against BP 22, estafa, and theft.
-Eg. P vs D in the MTC. D files an MD grounded on LOJ. MTC
grants the MD. D wins. What is the remedy of P? Appeal or Rule
65?Appeal. MD is a final order, and not an interlocutory order.
Where will P file his appeal? Before the RTC.
-If the MTC dismisses it for LOJ, who then has a jurisdiction over the
case? Naturally, the RTC. Thus, if the case was dismissed by the
MTC for LOJ, and is appealed before the RTC, then the latter will
take cognizance of the case as if it was filed with it originally. No
need for RTC to ask the P to file the case before it again. It treats the
appeal as if the case has been originally filed before it. RTC will
require the P to pay additional docket fees.
-When the case is already before the RTC, it will no longer look at the
LOJ. It will now direct the D to file answer. However, if the LOJ is an
affirmative defense in the answer previously submitted to the MTC,
then the RTC will set the case for pre-trial. But if there was no answer
in the MTC, only an MD based on LOJ, then in the RTC the court will
ask the D to file an answer.
-In the same case, the D files an answer; however, after pre-trial,
trial, and finally in the decision of the MTC, it discovers that it has no
jurisdiction (or D includes LOJ as an affirmative defense but MTC
denies it), and D keeps insisting that MTC has no jurisdiction. What
will the MTC do? Will it decide the case on the merits? NO.
Because a court that has no jurisdiction cannot render a decision on
a subject case. Any decision it renders is null and void. Thus, the
MTC shall dismiss the case.
-In the above-case, if P files an appeal before the RTC and the latter
agrees that the MTC indeed did not have jurisdiction, the RTC shall
accept the case as if it has been originally filed before it. The MTC
trial shall be adopted.
-How about presentation of witnesses? The RTC did not get
opportunity to observe the demeanor of the witnesses? The RTC will
have to base it on the written transcripts, but may require the parties
to submit respective position papers to aid the court in the decision.
Then, the case will be decided on the merits.
-Take note: This is applicable only if the ground is LOJ and it is from
the MTC to the RTC in an ordinary appeal.
-Single salaMTC, bring the JDR on appeal to the nearest RTC.

-What about if it is from RTC to CA? Docket fees to be paid before

the RTC, and if notice of appeal is filed before the RTC within the
reglementary period, the court gives it due course and transmits the
entire record of the case to the CA. However, for as long as the
records are still with the court of origin, said court may still act on any
pending incidents that do not go to the merits of the case (Motion for
Execution pending appeal). This is based on a courts residual
jurisdiction.
-When the case is before the CA, the latter shall require parties to
submit their briefs (from MTC to RTC Memo on Appeal).
Submission of briefs has to be simultaneous. Afterwards, case is
submitted for decision. What is the basis of the CA in deciding the
case? First, the entire records.Second, the briefs of the parties.
-Can an extension to file an appellants brief be asked? Yes. How
about in the RTC? Discretionary won to grant extension.
B) Second Mode of Appeal is the Petition for Review
-If it is a case emanating from the MTC and is appealed before the
RTC, what is used is the ordinary appeal. However, if the RTC
renders an unsatisfactory decision? This can still be appealed before
the CA. But do we use an ordinary appeal? NO. File a petition for
review.
-In other words, a petition for review is a mode of appeal from the
RTC to the CA of decisions rendered by the RTC by virtue of its
appellate jurisdiction.
-15 days to file. Regardless of what mode, so long as it is an appeal,
15 days are is always given from receipt of the decision of the RTC.
-Can an MR be filed before the RTC (a case that originated from the
MTC)? YES. How about an MNT? No such thing in an appellate
court. An MNT can only be done in the court of origin.
-Upon receipt of an RTC by virtue of its appellate jurisdiction, then
you can file an MR or a Petition for Review. If an MR is denied, apply
fresh period for Pet for Rev.
-Pet for Rev, pay docket fees to the CA. It is no longer a notice. It
contains what has been discussed in the memorandum.
-Can a motion for extension of time to file a notice of appeal be
submitted? NO. 15-day period is strictly applied. Tantamount to
extending time to file an appeal. You only have 1 page for a notice of
appeal.
-How about for a Pet for Rev? Yes. Petition can be voluminous. But
fees necessary need to be paid for the CA to have jurisdiction. If a
motion for extension has been filed without payment of fees, the
court will not act on the appeal, and thus the 15-day period expires.
-Note changes of title. When it is a petition for review- eg.DefendantPetitioner vs. Hon Judge and Plaintiff-Respondents. Include judge as
nominal party (public respondent) because it is his decision that is
under review. The winning party is the private respondent.
-Will the petition require a CNFS? YES, because the rules require
that the petition filed before the CA should have a verification and a
CNFS.
-Before anything else, the CA will determine whether petitions are
sufficient in form and substance. If not with proper form and
substance (kunwari dilatory langdaw), can the CA dismiss it outright?
YES. But if it finds the form and substance to be appropriate, CA will
direct private respondent to file a comment to the petition for review.
Then, Petition may be required to submit a reply. Then, submitted for
decision.
C) The third mode is an Appeal by Certiorari (Rule 45) aka
Petition for Review on Certiorari.
-MTC to RTC- Ordinary Appeal
-RTC (origin) to CA- Ordinary Appeal
-RTC (appellate) to CA- Petition for Review
-CA to SC Appeal by Certiorari
-The only way to reach the SC is by the third mode of appeal.
-Appeal fees are to be paid before the SC.
-How many days to file? 15 days from receipt of the CA decision.
-Before going to the SC, can an MR be filed before the CA? Yes. If it
is denied, does the FPR apply? Yes. 15 days again.
-Can a motion for extension to file a petition for review on certiorari
be made before the SC? Yes. Subject to payment of appeal fees, for
SC to cognizance.
-Title: Defendant-Petitioner vs. Hon. CA and Plaintiff-Respondent
-Must the petition contain a verification and CNFS? YES.
-Subject of Petition: QUESTIONS OF LAW.
-If SC finds petition to be insufficient as to form and substance, it can
be dismissed outright. Eg. Notice of appeal was filed before the SC
DISMISS! Wrong form! Dilatory eklavu- DISMISS! No substance!
-When SC gives due course, the SC directs Petitioner to file
comment. If SC decides one unfavorable, can an MR be filed? Yes.

How about a 2nd one? Depends on the SC. It may foreclose any
further MR.
-For Mode 2, must the RTC forward the entire records to the CA?
Only if the CA requires. Sometimes the petition is complete in itself
so the CA wont have to rely on the records.
-How about for Mode 3, from CA to SC, must the entire records of the
case be submitted to the latter? YES.
-Are there decisions of the RTC directly appealable to the SC via
Mode 3? Yes. Decisions involving constitutionality of law, executive
agreements, Pres decree, etc. Or, WON a tax should be imposed.
Jurisdiction of the court. Pure questions of law. CA may be
bypassed.
-Once the SCs decision becomes final and executory, is there a
mode of appeal left? None. You pray.
-After judgment becomes final, supposedly for execution. However,
there are remedies after Finality of Judgment (Acts of Grace,
Consuelo de bobo) Construed strictly against party availing of this
remedy. If court finds out there could have been remedies before
finality, court dismisses this outright.
REMEDIES AFTER FINALITY
1) Petition for Relief from Judgment
-Asking to be relieved from judgment.
-To be filed before the same court that rendered the decision.
-Grounds: FAME (+AFFIDAVIT OF MERITS). However, if this has
been used in a Motion to Lift Order of Default, or has been used in a
Motion for a New Trial, this can no longer be used here.
-Act of grace. Complied with strictly.
-Must be filed within 60 days from notice of judgment AND within 6
months from entry of judgment.
-Eg. Ds counsel receives decision on Feb 5, 2013. He had 15 days.
He did not do anything about it, nor informed D about it. Because
there was no appeal, the decision became F&E on March 1, 2013.
Thus, P filed a motion for issuance of a writ of execution. Court
grants it. On April 1, the sheriff, with the writ, goes to the D. Sheriff
tells D the latter has to pay P 1M, according to the decision. D only
finds out about it, so he has notice of the judgment. His lawyer never
bothered informing him about it. D goes to another counsel on May
1. On May 15, D files a petition for relief from judgment. Was it filed
in time? YES. May 15 is still within 60 days from April 1. It is
likewise within 6 months from entry of judgment (March 1). Date of
entry is date of finality.
-What if D only goes to a lawyer on May 1, and it is only on July 1
that the PRFJ was filed. Is it still within the reglementary period? No
more. Even if it is within 6 months from entry of judgment, it is
beyond the 60-day period from date of notice of judgment. Thus,
filed out of time.
-What if he only found out about it on September 1, and files a PRFJ
on October 1. Was it filed on time? No. Within 60 days from notice,
but the 6-month period ended in August.
-Take note, the 60 days from notice and the 6 months from entry
should coincide.
-In an SC decision, PRFJ filed within the 6-month period and on the
61st day after notice of decision. The SC allowed this, saying that the
1-day lapse is negligible.
-In another case, PRFJ was filed within the 62 nd day and within the 6month period. The SC ruled against this, saying that the trial court is
correct in dismissing the petition because the rules are clear.
-Do not be misled by the decisions as they apply in those cases only.
Always be guided by the rules.
SEPTEMBER 12
-If PRFJ is denied, can this be appealed? No. Denial of a PRFJ is
not a final order, but rather, interlocutory. Thus, the remedy is
Petition for Certiorari under Rule 65. It is not a final order because
what comes next? An execution of the order. The decision has
already become final.
-When a PRFJ is filed, a restraining order or prelim inj may be prayed
for- for the court not to issue a writ of execution, to avoid the defeat
of the PRFJ.
-If PRFJ is granted, it is the same as if a MNT has been granted.
This means that the judgment is vacated (even if it has attained
finality). Thus, back to court to present the evidence which were not
presented due to FAME.
-Take note. Rule 38, sec 6. Theres something wrong. MR.
-Afterwards, a new decision may be issued, allowing for the remedies
before finality of a judgment.
-That is why a provisional remedy to stop execution may be asked
for.

2)Annulment of Judgment (Rule 47)

-Only case which is under the original and exclusive jurisdiction of
the CA.
-If it is an MTC decision, AJ may be filed before the next higher court
(RTC).
-If it is an RTC decision, an AI may be filed before the CA.
-Why go to the next higher court when this action is not an appeal?
-Annulment of Judgment is an original action. All MTCs are all of
equal jurisdiction. Likewise with the RTC. Therefore, to annul the
judgment of a court, the next court in the higher level needs to be
approached.
-Supposing the CA renders an adverse decision, an appeal can be
made before the SC. Mode 3 (Petition for review on certiorari), even
if decision has been rendered by CA by virtue of its original and
exclusive jurisdiction.
-GROUNDS FOR AJ:
1) Extrinsic Fraud- Happens outside the court litigation (fraudulent
schemes that P had the case dismissed yunpalahindi). Intrinsic fraud
perjury, use of forged document as evidence, etc.has something to
do with the trial.
-Prescriptive period 4 years from discovery of the fraud. (Fraud
Four.In any case where fraud is involved).
2) LOJ- Can be raised at any time.
-IMPRESCRIPTIBLE, but it can be defeated by jurisdiction by
estoppel and laches.
-laches- unreasonable delay in asserting ones right. (delay is not
sufficient. )
-Since this is an original action, will the CA conduct a trial? If the CA
finds necessity of receiving an evidence, it will assign an RTC judge
(not the origin) to receive the evidence of FAME or LOJ. After
receiving the evidence, such will be returned to the CA for the latters
decision.
EXECUTION
-Most awaited portion of civil procedure, in real life and not in the
classroom (ugh-ugh-ugh)
-GR: Only Final Judgments can be executed.
-Winning party files a motion for execution or motion for the issuance
of a writ of execution before the court. This motion is nonlitigated.
Ex parte.
-Once judgment becomes final- issuance of a writ of exec becomes a
ministerial function.
-The above is the GR, however, there is the concept of Motion for
execution pending appeal. Filed by the winning party.Very excited.
Litigated, because judgment is not yet final and the adverse party is
still to be affected.
-Final- nonlitigated. Not yet final- litigated.
-Writ of exec pending appeal is a discretionary function (unlike the
ministerial upon FJ).
-Movant will have to establish good cause, which are:
a) The losing party is disposing of his properties right and left. Even
if the winning party wins, he wont be able to get anything.
b) Losing party is in the verge of bankruptcy.
c) The appeal is dilatory.
d) The advanced age or poor/deteriorating health of the winning
party.
e) Nature of the product to be delivered.
-Once good cause has been established, the court will require the
movant to post BOND. Money.To answer for damages which the
losing party might suffer because of the execution of the decision
when it is still on appeal.(Eg. Appeal was granted, but due to the
execution of the judgment he loses property and suffers damages.
The bond shall answer for the damages). Amount is under the
discretion of the court.
-Note: Establish good cause first, before being made to pay the
bond. The court will not allow posting of bond without first
establishing good cause. Cash bond, Surety bond. Property bond
(limitation within the jurisdiction of the court)
-If there is no more reason for the bond, this shall be returned.
-After posting bond, the decision will be executed.
-What if the Appellant wins? Restitution (return back former
condition) if possible.
-Back to Execution of Judgment. Prescriptive period for execution of
decision by a motion is 5 years from entry of judgment.
-Eg. Decision became final March 8, 2011 (same with date of entry).
On Sept 12, 2013, winning party files a motion for execution. Grant?
Yes, still within 5 years. Period ends March 7, 2016.
-Supposing 5 years has lapsed. September 12, 2016, winner files for
a motion for execution. Grant? No. The 5 year period has lapsed.

The decision can still be executed but not by mere motion. Rather,
through an action. Revival of judgment.
-Eg. P vs D for recovery of possession. P wins up to SC. P forgets
about it for 5 years, and suddenly remembers that he won. Can he
file a motion for execution of judgment? No more. File an action for
revival of judgment.
-Revival- docket fees need to be paid. Motion for execution no
docket fees.
-Action for revival verification + CNFS.
-File revival before the RTC (incapable of pecuniary estimation). Will
the court go about trial once again? No need. The decision of the
court in the recovery of possession case is revived. quoting the
dispositive portion---. Wait again for 15-day period for it to be F&E
(DOUBLE FINALITY OF A JUDGMENT)
- DOUBLE FINALITY OF A JUDGMENT- Judgment in the previous
case became F&E but was never executed in 5 years by virtue of a
motion and is revived by an action and becomes final once again.
Thus, another 5 years for execution by motion.
-Supposing another 5 years lapsed and revived judgment was not
executed. Can an action for the revival of a revived judgment be
filed? Allowed, provided it does not prescribe (10 years from first
revival).
-If the delay for issuance of writ of execution is caused by the losing
party, the other party will be favored.
-A writ of execution has no prescriptive period.
SEPTEMBER 25, 2013
MODES OF DISCOVERY
-Modes of discovery- shortens proceedings
-One mode not expressly disallowed (sometimes turns out to be a
mere hearsay) such as private investigation. For personal purposes.
1) Deposition
A) ORAL: -Made outside the court. Testimony made within the
court.
-Either oral examination or written interrogatories.
-Deposition is used to preserve witnesses statements.
-Taken outside the court before a Notary Public or a Judge (different
from the judge in charge of the case)
-Expenses- to be paid by the one having the statements taken.
-If no answer has been filed yet, then a deposition is to be taken with
leave of court.
-If an answer has been filed, taking of deposition is now a matter of
right.
-In both cases, the other party has to be notified. If lawyer of adverse
party does not appear despite notification, said party deemed to have
waived right to cross-examine.
-If there are objections during deposition, these will be noted by the
NP/judge and put on record. The judge in the trial will rule on these
objections if such are presented as evidence. After transcription,
parties and witness need to meet again and verify. Both parties are
entitled to a copy of the deposition.
B) Deposition through Written Interrogatories
-Prepare the questions and send it to the Notary Public. The latter
will summon the deponent and swear him under oath. The Notary
Public now asks the questions while the stenographer transcribes the
records. A copy of the questions with the answers are then sent
back to the Ps counsel and to Ds counsel. Upon receipt, Ds
counsel prepares cross written interrogatories and sends it back to
the NP. The NP calls for the deponent once again asks him the
cross-exam questions. Stenographer transcribes. NP sends back
questions and answers back to parties. Same happens with redirect
and recross. All the results are provided for both parties.
-During trial, can P decide not to present depositions in court? Yes.
However, adverse party can present it.
-Substitution- substitute can use deposition (father- son).
-Can a party give their deposition? Yes. Annulment.
2) Interrogatories to Parties.
-Distinguish from written interrogatories - can refer to a party or a
non-party. In Interrogatories to Parties it refers to parties alone.
Party to party.
-This is used to elicit information from the adverse party. Thus,
prepare a set of questions which you will request for the other party
to answer.
-No need for LOC, just send it to the other party.
-Limit to factual questions. What Where When How
-Avoid Why

-Answers must always be in writing and under oath.

-If a party refuses to answer, the court can direct a party to answer
under pain of contempt.
-Can the P present the D as his own witness? Yes however, a
hostile witness. But before he can be presented as a hostile witness,
as a condition, interrogatories to parties must first be used.
3) Request for admission:
-Refers to parties alone
-For the other party to admit the authenticity of a document, or admit
pertinent facts.
-Supposing a party denies genuineness of a document in an answer
with a specific denial under oath? And then here comes a request for
admission.
-Some authors say this can be denied again. Others say this is just a
redundancy.
-If there is a request for admission which has already been denied in
an answer, state that such has already been denied in the answer.
-If no action is taken on the request for admission Implied
Admission.
-Limit- applicable only to the case where the request is made.
-Eg. Same document questioned in 2 different cases. Admissions
used in first case cannot be applied in the other or for any other case.
-Party to Party only.
4) Production of Records / Inspection of Things
-can apply to parties and non-parties.
-Used when there is voluminous amounts of records to examine.
-Non-admission of liability settlement without admission of fault
(doctors)
-Always through a motion. Court grants it and orders person who
has possession and control of such documents to bring it to court.
Such documents have to be photocopied.
-LIMIT- not under privileged communication (Priest, attorney and
client, doctor and patient).
-Purpose of production: To copy and reproduce for records.
-For inspection of things if party refuses- contempt of court.
5) Physical and Mental Examination of Party
-Party to Party (not on witnesses)
-LIMIT- only when the physical or mental condition of a party is in
issue
-Eg. Annulment psych incapacity, legal separation sterility,
damages scars within daw.
-If court allows examination, the person availing of the mode shall
provide doctor and pay for expenses. The person who asked for the
examination is entitled to the results. If the defendant gets a copy of
the result, the effect is that he can no longer present any other
examination that will refute the earlier one.
-If person examined had results of exams prior to the exam
requested by the other party, then the former can present said results
in evidence even when he requests for results of the latter one.
-What if he does not request for the results? Can he present
subsequent results? Yes, provided he proves he has no inkling about
the results of the exam requested for by the other party.
-Can the deposition of a witness be used to destroy the credibility of
said deponent? YES. Point out contradictions.
-Affidavit vs Deposition. An affidavit is self-serving, but not
necessarily the truth. A deposition gives the other party to test
whether statements of the deponent are true. Affidavits usually has
no probative value, unless affiant is presented as a witness. Such
affidavit is useless when no affiant is presented for cross-exam. A
deposition shall be admitted outright.
BACK TO EXECUTION
-Revival 5 10 rule.
-The court prepares a writ of execution addressed to the sheriff. In
the writ, the dispositive portion of the decision is copied verbatim.
-Writ can never go beyond the dispositive portion of the decision,
which is why it is quoted verbatim. If it is not, then the writ is null and
void. Thus, the aggrieved party may ask the court to declare said
writ null and void.
-The moment a writ is issued, the sheriff has to make a report every
30 days about the execution of the judgment.
-Eg. Sheriff receives a writ. Brings it to D and presents writ 1M.
The sheriff issues a receipt that he got 1M from defendant and the
sheriff brings the 1M to the P and the latter acknowledges it.
Afterwards, the sheriff makes a report stating that he collected,
delivered, and attached receipt of P. The writ of execution is returned
duly satisfied. The moment the court receives that, the case is over.

The court issues an order considering the case closed and

terminated. Such case is stored in the archive for 10 years.

September 26, 2013

-Execution- anything that has a monetary claim- Sheriff has to make
a kada-30-day update. But what if the defendant really doesnt have
any money or doesnt want to give any?
-Garnishment You put garlic, vinegar, into your salad
-Notice of Garnishment authorizes the sheriff to issue notices of
garnishment to the banks in hopes that the defendant has cash in
said banks.
-Violates bank secrecy act? A bank cannot be compelled to reveal
how much a person has in a bank (except anti-money laundering
law)
-Notice of garnishment does not go against said statute. The notice
just lets the bank know that if said defendant has money in that bank,
then the latter should hold the money. The bank doesnt have to
reveal the amount of money.
-If this person has an account in your bank and has money in it,
please hold it. It is under custodialegis because a decision has
already been rendered against him
-The recipient may deny or confirm that the defendant indeed has an
account there.
-The sheriff may ask whether the account is sufficient to satisfy the
judgment.
-The bank may say yes or no (dormant account).
-Notice of Garnishment may also be issued against persons who owe
money to the defendant. Eg.Employer.
1) Levy
-Supposing there is no cash at all? Levy.
-Levy to take hold into custodialegis
-First, personal properties of judgment debtor
-(NOTE Sec. 13 Rule 39, properties exempt from execution)
-Sheriff gets everything of value.
-Lawyering books safe. Objects of profession
-Sold to public auction in order to satisfy debt.
-Judgment creditor can participate, and when he gets the highest bid,
the property will be credited against the debt.
-If personal properties are not sufficient, real properties are now
levied upon for execution sale.
-Sheriff issues a certificate of sale in favor of the highest bidder which
must be registered with the register of deeds where the property is
located.
-It is the registration that starts the 1-year redemption period.
-If this is not registered, the 1 year redemption period will never startthus, can be redeemed anytime. The judgment debtor, along with the
heirs, can redeem the property even beyond 1 year.
-Who pays for all the fees? Kawawang creditor.
-In case the judgment creditor bids the highest and receives the
certificate of sale, he still has to pay for registration.
-You pay for every document. And where does it go? Pork Barrel.
-If the 1-year redemption period lapses, the sheriff issues a final
certificate of sale. The owners duplicate copy of the title is canceled
and the new one will be issued in the name of the judgment creditor
or whoever is the highest bidder in the auction sale.
-If judgment debtor exercises right of redemption, has to pay
additional payments (fees involved in the proceedings during the
redemption sale) on top of the highest bid.
-Sheriff issues a certificate of redemption and would no longer be
transferred to the name of the highest bidder.
-During the 1-year redemption period, the registered owner is entitled
to possession of the property. Thus, entitled to the rentals, fruits,
expenses for repairs.
-However, he cannot make improvements on said property during the
redemption period. He cannot claim his improvements if property
goes to highest bidder. A builder in bad faith loses everything.
2) 3rd Party Claim
-Supposing one of the properties levied upon belongs to a 3 rd person,
what is the said persons remedy? Execute a 3 rd party claim. Do not
confuse this with a 3rd party complaint.
-The 3rd party claim is actually an affidavit executed by the 3rd party
stating that he is the owner of the property taken by
The sheriff. He can also attach proof of ownership to the affidavit,
and ask why/explain it is in the possession of the judgment debtor.

-Gives copy to the sheriff, to the court, and to the winning party.
Once sheriff receives 3rd party claim, he shall no longer take said
property.
-If winning party would like the sheriff to take hold of the alleged
property of the 3rd party, the 3rd party would have to post bond, which
is more or less the equivalent value of the subject property. Bond
answers for damages in case erroneous levy.
3) Recovery of possession
-Recovery of possession- judgment as follows: directing
defendant to turn over possession to the plaintiff. How can sheriff
execute this?
-Eg. Parcel of land. Sheriff would just present said land to plaintiff.
Thats it. If there are plants there, the defendant may be allowed to
uproot said plants without prejudice to allowing the defendant to
harvest crops when ripe for harvest.
-Supposing there is a house on said property? Remove all the stuff
and padlock the house. Tapos give the key to the plaintiff. Thats it.
-Supposing plaintiff says he doesnt need the house and wants it
demolished? The sheriff cant demolish. The plaintiff has to file a
motion for the issuance of a writ of demolition. This is clitigatednotify the defendant to give him a chance to demolish it himself.
-When writ is issued and is to be executed, law enforcers should be
at hand to keep the peace.
-Supposing it is reconveyance?
-If after the 1-year redemption period lapses and the title of the
highest bidder registered owner becomes incontrovertible and
indefeasible, the remedy is reconveyance.
-Reconveyance respects indefeasibility or incontrovertibility, but asks
court to convey property to person who files the action.
-Deed of reconveyance- executed by loser (defendant) in favor of
winner (plaintiff- the one who brought and won the action for
reconveyance). Must include technical description of property.
-The title along with the deed of reconveyance is submitted to the
register of deeds. Cancels the previous one and issues a new one in
favor of the winner.
-Supposing defendant doesnt want to execute a deed of
reconveyance? He cant be cited for contempt. However, the court
can order another (usually the clerk of court) to execute said deed of
reconveyance in favor of plaintiff.
-Defendant possesses owners duplicate copy of the title, however, is
given 10 days to surrender said title to court or register of deed from
the date of the execution of the deed.
-No registration of any deed concerning registered property will be
effected unless the owners duplicate copy of the title is surrendered.
Else, there will forever be a cloud of doubt with such floating title.
-If not surrendered, court orders said duplicate copy to be declared
null and void and orders registrar to issue a new owners duplicate
copy of title in the name of the registered owner (defendant). As if a
new duplicate has been issued kasingaayawisurrenderyungunang
duplicate, which was thus declared null and void. Now with the new
duplicate, along with the deed of conveyance, shall be surrendered
to the register of deeds. Said copy will be cancelled, and a TCT shall
be issued in the name of the plaintiff. Now reconveyed.

OCTOBER 1, 2013
4) Special Judgment
-One where defendant-obligor can perform the obligation alone. (eg.
Mandamus BAWADI to reconnect water supply.
AlangannaBeneco)
-If they refuse- contempt of court.
-Another is support.
-Action for support- one filed by minor child assisted by parent.
-Petition for support can be coupled with provisional remedy of
support pendent lite.
-No need to post bond.
-In initial hearing, if a ground is found to exist, may grant pendent lite
while case goes on (pending litigation)
-Why is it a special judgment? Because only the father can give the
support. If the father dies, the case dies as well. If the child dies, the
case dies as well.
-This is also a continuing judgment. The court may grant increase
even after 5 years from finality of judgment (eg. Growing child needs
bigger support)
-What if mother of child refuses support because she has a stable job
but then loses her job and files an action for the execution of the

judgment on support? Grant, because this is a continuing judgment.

Past support can be waived, but never future support.
-At the end of the trial it was found out that the defendant is not
actually the father (group project daw). He has been giving support
pendente lite. Can he get it back? No. But he can get it from the
real father, and not from the child.
-Support pendente lite can also be found in criminal cases such as
rape, seduction, abduction, etc. as civil liabilities.
5) Foreign Judgments
-How can this be executed in the Philippines? Not through a motion,
but through an action
-An action for enforcement of a foreign judgment.
-Present the foreign judgment.
-The only proof needed is that the claimants show that the court that
rendered the judgment had jurisdiction to do so, and that there was
no fraud or collusion in securing the judgment, and that there was
due notice to the parties (due process requirements complied with).
-If defendant resists such foreign judgment, then he proves the
opposite of the above. Court had no jurisdiction, that there was fraud
or collision, or that there was a violation of the due process.
-Foreign divorce enforcement of a foreign decree of divorce filed
before the family court. Same as above.

PROVISIONAL REMEDIES
Provisional means temporary.
These remedies cannot be filed on their own. They have to be
coupled with the main action.
Again, remember why a person files a civil case, because there is a
cause of action.
How will you get temporary relief or resolution to keep defendant
from violating your right?Through provisional remedies.
Kinds of Provisional Remedies (Rules 56-60):
1. Attachment
2. Preliminary Injunction
3. Receivership
4. Replevin
5. Support Pendente Lite
What is common among the first four remedies? It may be obtained
through the mere execution of an affidavit (why he is availing of
such remedy).

It shall be the responsibility of plaintiff-applicant to identify and

provide for said properties. At his own expense
In case of Real Properties, title will be attached. It serves as a burden
on the Property. Suchproperty may be sold, but the attachment will
follow (It is a more superior lien). If there is a notice of a writ of
preliminary attachment, prima facie evidence that there is no buyer in
good faith. Thus, WPA serves as a warning.
Said attachment may be sustained until case is over, thus attachment
may either be cancelled at the end of the case or levied upon.
Note: At any stage after an answer has been filed, an application for
a writ of preliminary attachment is always LITIGATED. There must be
proper hearing, as the rights of the adverse party can be affected.
Remember extraterritorial service of summons. Attach upon his
properties, convert in personam to in rem.
What is a Counter bond? It is posted by Defendant to dissolve the
WPA. It answers for damages which plaintiff may suffer because
there is no longer any attachment.

As for Pendente Lite, a petition must be filed and not an affidavit.

2. Preliminary Injunction (PI)

Other requirements: Bond to be posted by the applicant to answer

for the damages that the defendant-respondent may suffer due to the
provisional remedy.

It means to enjoin or to stop.

Just in case the defendant-respondent is not actually violating any

right and was asked to stop and as a result he suffers damages, such
bond will answer for the damages. In Support Pendente Liteno bond
required.
1. Attachment (Rule 56)
Main action (may be collection of sum of money.)
Plaintiff feels that defendant is about to abscond or defraud creditors.
He may file with the court, example:Sum of money with prayer for a
Writ of Preliminary Attachment. (Main action is sum of money and
provisional remedy is preliminary attachment)
Such may be conducted ex parte.Even without conducting a hearing.
Once the prayer is granted, the court may issue a writ of preliminary
attachment, with or without respect to an attachment bond
(Discretionary upon the court).
Attachment bond shall be returned to applicant in full when not used
in favor of defendant-respondent.
Plaintiff-petitioner may file a surety bond or property bond (within
jurisdiction of the court). Determine the assessed value of the
property attached since the latter is constant unlike market value.
Upon posting of bond, the writ will now be issued.
It may be issued ex parte but cannot be implemented without the
court having jurisdiction of the defendant. Thus the implementation
must be contemporaneous with service of summons. In other words,
the writ cannot be implemented without having jurisdiction over the
person of the defendant.
Attached properties do not make any distinction. All taken into
custodia legis.
Properties exempt from execution are also exempt from
attachment.
Sheriff would now bring attached properties to the court.
Philippine setting: No storage for attached properties, especially
movables, which is why sheriffs usually attach on real properties.
After serving summons, and then providing a copy of the writ of
preliminary attachment, he goes to the register of deeds and
attaches on all properties of the defendant subject of the attachment.

Kinds:
1.
2.

Prohibitory Injunction mere prohibition or stoppage

(Ordinary Preliminary Injunctions)
Mandatory Injunction prohibition coupled with something
to do. (Mandatory Preliminary Injunction)

PI may be a provisional remedy that may be a main action in itself.

Example: BAWADI disconnects your water pipes. In order to stop
them, remedy is prohibitory injunction.File a main action of injunction,
plus preliminary prohibitory injunction.
TRO until the case is closed.
What if water got disconnected? Main action of injunction plus
preliminary mandatory injunction for BAWADI to reconnect water
immediately pending the case.
If attachment can be issued ex parte, preliminary injunction will
always have a hearing, even for a TRO.
Exception:72 hour TRO (Issued by an executive judge.)
Example: An association threatened with demolition of their houses
because they are on a titled property belonging to someone else.
The association claims that they bought it from an owner with
Spanish title. Thus, the owner complains at the city hall and
complains that there are squatters there.
The zoning finds that the buildings didnt have any building permit.
Thus the local government can demolish houses.30 days for
squatters to demolish own property. They refuse, so a writ of
demolition is scheduled the following day. Thus, they go to court for
a TRO to stop the demolition to be carried out the next day. If the
executive judge believes this to be an urgent matter, (there must be a
grave and irreparable injury as well as an urgency) he can issue it
without hearing, effective 72 hours (3 days) preventing the LGU from
demolishing the houses.
File an action for injunction with a prayer for the issuance of a TRO.
Attached to their complaint is the required affidavit (as to why they
need the injunction). Since this is issued ex parte, cant be enforced
by sheriff unless court acquires jurisdiction over defendant. The clerk
of court issues the summons to prevent delay. Summons addressed
to the local government officials along with the 72-hour TRO. If the
judge believes that there is no urgency, will not issue the 72-hour
TRO but direct the case raffled. The court that is chosen in the raffle
must determine whether it should issue a TRO (magulo to). But take
note: If the executive judge issues the TRO, within 72 hours the case
must be raffled to a court, and the court upon which the case is
raffled to must immediately conduct a hearing to determine whether
the 72-hour TRO must be extended to a Full TRP which is good for
20 days. Any extension is null and void. No extension for a TRO.

Take note that the 20 days includes the 72 hours (so bale 17 days
extension nalang). Posting of bond is required. If judge finds no
urgency and does not issue a TRO (reconcile this with notes
highlighted in blue), the judge will set the case for hearing to
determine whether a writ of preliminary injunction will issue. The
applicant plaintiff has to prove that he really has a right that will be
protected by the injunction. Upon issuance of preliminary injunction,
it will mean that defendant cant do what he is doing while case is
pending. If plaintiff cant prove that they really have a right, the
injunction becomes permanent.
-Extended TRO for CA 60 days. For SC- until lifted.
-There is a law that prohibits courts from issuing TRO or prelim
injunction against public infrastructure projects.
-Unconstitutional tax measure- no injunction. Rather, pay tax under
protest.
3) Receivership
-Receiver- 3rd party appointed and tasked by the court to administer
the property subject of the litigation.
-Main action
-Eg. Husband mismanages properties so wife wants to be appointed
as administrator so she files a petition for appointment as
administrator of conjugal properties (main action) and asks a
provisional remedy for receivership to prevent all properties from
dissipating while case is pending. The court will appoint a receiver to
manage the properties, to preserve it up to end of trial.
-Who can the court appoint? Both the wife and husband may
recommend, but the court chooses. Receiver answers only to the
court.
-2 bonds- Receiverships bond and receivers bond.
-Receivership bond posted by wife which husband might sustain
because of deprivation of administrative powers.
-Receivers bond- posted by receiver supposing he might mismanage
the property.
-Receivers get a salary chargeable against expenses of
administration. If job is done, accounting and inventory is conducted
by said receiver. Afterwards, get bond back.
-Receiver manages property while case is pending.
-Receivership bond cannot be applied for ex parte. Always with
hearing.
-Provisional remedy of receivership may be provided at a latter stage
or at the end (eg when conjugal partnership of gains is dissolved and
remaining is put in trust for children) receiver in aid of execution.
4) Replevin
-Main action- Recovery of personal property with prayer for the writ of
replevin.
-The first 3 provrems- the court sets the bond.
-In replevin, the applicant himself sets the bond based on the affidavit
he executes.
-Eg. Car company sells car to buyer via downpayment and then
installment. Buyer defaults in installment, so acceleration clause
occurs. Since full purchase price not paid, ownership still belongs to
company. Thus, company files recovery of personal prop with prayer
for writ of replevin. In its affidavit, it will state that it is the owner of
the car, along with the market value of the car, the latter becoming
the basis of the bond. However, the bond will be twice the amount of
the fair market value. When the company files the complaint along
with the affidavit, this must contain the bond, because replevin is
issued ex parte. All that is issued ex parte cannot be executed
without acquiring jurisdiction over defendant. The court needs
-If in attachment there is a counter-bond, here there is a redelivery
bond.
-The defendant is given 5 days to file redelivery bond which is the
same amount as the bond.
-Where to file for recovery of personal property- depends on the
value of the personal property (jurisdictional amount)

OCTOBER 5, 2013
6) Expropriation
-Eminent Domain is the right (substantive). This is how it used to be
called.
-How is it enforced? Through expropriation proceedings.
-Filed before the RTC- incapable of pecuniary estimation.
-2 stages of trial:
a) propriety of expropriation

-plaintiff- RP or govt institution vs private individual

-What does plaintiff have to prove? That the property is for public
use. Prove in the first stage.
-If private individual has no objection to the taking, then there is no
need to file an answer. Just file a manifestation and state that there
is no objection to the taking.
-If no objection, must the government still prove that it is for public
use? Yes, it has to. Because there is disbursement of public funds.
-What if defendant objects? Then he must file an answer.
-Motion to Dismiss is not allowed in expropriation proceedings.
-If he has valid grounds to file a motion to dismiss, then defendant
has to put this in his affirmative defense.
-After first stage, can the court render a decision? Yes.
-Whether or not for public use.
b) Second Stage- Just compensation
-Will come in only when court determines that it is for public use. If
the taking is only for the building of a gold course for napoles and
friends, then the court will deny, and there will no longer be a 2 nd
stage.
-Can defendant appeal decision even if there is a second stage? Yes.
There is where record on appeal comes in.
-Record on Appeal- reproduction of the record of the original trial.
Note that second stage commences so records must remain with the
court dealing with the expropriation proceedings.
-The Record on Appeal is the one forwarded to the appellate court for
purposes of appeal.
-Thus, there are 2 records: The first one stays in the original court for
purposes of proceeding with the second stage, while the second one
is sent to the appellate court for purposes of appeal.
-Who is responsible for the production of record on appeal?
Appellant. He will be given 30 days to produce record on appeal.
-Contains all the pleadings and all the records. If the original court is
satisfied, it will approve the record on appeal and forward it to the
appellate court.
-While the CA goes about with the appeal, the RTC determines the
just compensation in the 2nd stage.
-Trial by Commissioners. Court cannot be saddled with the nitty
gritty of determining value of each mango tree and whatnot, then it
will appoint commissioners, usually 3: One appointed by the
government, another by the defendant, and the third (chairman) is
chosen by the court. Commissioners are answerable only to the
court.
-Usual commissioners - assessors, real estate brokers, anybody from
the treasurers office or register of deeds.
-They have the right to subpoena persons who can testify.
-They submit their report only recommendatory. Not binding on the
court. Furnish to plaintiff government, defendant private individual,
and the court.
-The court sets the report for hearing and gets their comment, and
then decide. Court can adopt, modify, alter, or disregard entire
report.
-Determination of just compensation can be appealed.
-No need for record on appeal because second stage is over and
none follows after, so the court can transmit the entire records to the
CA.
-Can the government enter the private property without filing an
expropriation proceeding? Yes. By depositing the assessed value of
the property- thereafter, they can enter. Deposit is to be made in the
name of the private person. Forms part of the just compensation.
Thereafter they can initiate expropriation proceedings.
7) Foreclosure of Real Estate Mortgage (JUDICIAL)
-Extrajudicial foreclosure is governed by Act 3135.
-Judicial A special civil action under the Rules.
-Where does this come in? In the decision.
-Court to determine the total amount of debt.
-To be settled within a period not less than 90 days or more than 120
days from the finality of the judgment.
-Instead of ordering the sale of the property, it will give the mortgagor
the chance to get back the property by paying the debt.
-This is called Equity of redemption. Allows you to get back
property without such being sold in public auction. (within 90 to 120
days)

-If there is no payment within said period, the court will order the sale
of the real estate at a public auction to the highest bidder.
Thereafter, sheriff issues a certificate of sale which is registered with
the appropriate register of deeds (place where property is located)
and such is the operative act that will start the 1-year right of
redemption.
-Distinguish Equity of redemption vs Right of redemption.
-If not redeemed in 1 year, the sheriff issues a final cert of sale which
consolidates title.
-Supposing the real property is sold at 900K during public auction
(but the debt was at 1M), so there is still a balance of 100K. Ask the
court for a deficiency judgment. Orders defendant still to be liable for
100k, in spite of the sale.
-How is deficiency judgment executed? Through an ordinary action
for sum of money.
-What you should only know is the what is equity of redemption and
what is right of redemption- kunana.
-Mam: Question?
-Franco: Maam what is the
-Sorry guysnakakabaliw mag-type ng derederetso
-If paid in the given time (within equity of redemption), then there is a
cancellation of the mortgage, and title becomes clean again.
8) Partition
-This provision is for real property. But can you partition personal
property? Yes if it is divisible (kabans of rice)
-What if indivisible, such as a vehicle? Then sell it and partition the
money.
-The partition in special civil action usually covers real estate.
-There are 2 stages in partition.
a) First Stage: (not named)
-Establish propriety of partition.
-Prove co-ownership. The reason for partition is because there is a
co-ownership. Co-owners have no specific ownership.
-Prescriptive period within which to file a case of partition?
Imprescriptible.
-Eg. Co-owners A, B, and C. A repudiates co-ownership. A says,
excuse me, I am the only owner of the property because I spent on
it, made improvements upon it, and paid taxes for it. And you B and
C, you did nothing NOTHING! You just enjoyed the fruits of my
labor. Therefore, I am now the owner of this property. In short, A is
repudiating the co-ownership, declaring that he is the sole owner.
Yet, the title is in the name of A, B, and C. Can B and C still file
partition? No more because A repudiated the co-ownership. So
whats the remedy? AccionReinvindicatoria to recover ownership.
And if it is to recover ownership, what happens? Prescription can set
in. Prescriptive period for AR is 10 years.
-For as long as co-ownership is recognized among all co-owners,
partition is the appropriate action, which is imprescriptible. But for as
long as a co-owner repudiates the co-ownership and declares that he
is the sole owner, then then AR prescriptible.
-So that is the first stage.
-After the first stage, the court decides that there is a co-ownership.
Is this appealable? Yes. Record on appeal.
b) Second Stage: Partition itself.
-Can be left to commissioners, or the co-owners themselves have
their partition agreement (equivalent to a compromise agreementCourt will just approve it and renders judgment in accordance with
said agreement).
-Commissioners help them thresh out division.
-Is oral partition valid? (eg. When parents point and talk bagim jay
aggapu jay kayo ijayngatoingganaijayniyog, etc. tapnuhan kayo agaapa nu nataykamin)
-VALID, provided it has been consummated during the lifetime of said
parents (each sibling takes possession).
-Thus, there is no longer co-ownership to establish. Another sibling
cant file a case for partition.
9) Ejectment Cases Forcible Entry / Unlawful Detainer
-Original and exclusive jurisdiction of the MTC.

-Prescriptive period 1 year from illegal detention / forcible entry.

-MTC, regardless of the amount to be collected.
-SOLE ISSUE is possession. Who has a better right of
possession? Thus, can the court make a determination of
ownership? Yes only to determine who has the better right of
possession. Such finding of ownership is only conclusive in said
ejectment case. Cant be used in a different case.
-Eg. P vs D for Forcible Entry. Court finds that D is the owner and
thus has better right of possession. Thus, D files a case of quieting
against P. Is there res judicata from the first case? None. Different
issues (1st case- possession, 2nd case- ownership). The finding of
ownership is only conclusive to the first case and will not affect any
other case subsequent.
a) Forcible Entry- dispossessed of property through FISTS. So you
wont forget, they fisted you out of your property. (Forcible Entry
FISTingsounds so wrong. Try watching extreme fisting videos)
-Because that is what the rules say, said ground/s must be specified
in the complaint.
-If ground not specified, the case may be dismissed because the
court cant acquire jurisdiction.
-Eg. P vs D for forcible entry. In the complaint, what is alleged is,
Plaintiff wakes up one morning finding defendant leveling and
bulldozing his property. Defendant doing it under a contract. MTC
rules in favor of P, so D appeals to the RTC claiming that there was
no clear allegation of any of the FISTS. Then, the RTC says that
MTC did not acquire allegation, as FISTS put a case under the
mantle of forcible entry which is within the jurisdiction of the MTC.
Thus, the decision appealed from is reversed and the case is
dismissed. D wins. The P went on a petition for review before the
CA. The CA ruled that RTC is wrong and MTC is right, that the acts
of leveling and bulldozing are forms of stealth and strategy. Thus, D
loses. The P now goes to the SC on a petition for review on certiorari
SC says that the MTC and the CA are wrong, and that the RTC is
correct because there is no clear allegation of any FISTS. Case
dismissed. Judge M was actually the RTC judge in this case.
-Is there a need to make a demand before filing a forcible entry
case? No need.
-What provisional remedy can be availed of? Preliminary Mandatory
Injunction.
-If the decision is granted and order the D to vacate, what else can
the P ask for? Will there be damages in forcible entry case? Yes,
reasonable rentals and attorneys fees.
-Any question? We finish this first before we eat ok?

9) Unlawful Detainer
-Common in Baguio City.
-Every right to remain in the property, but upon losing right, you are
asked to leave.
-Must a demand be made for the person to vacate?
-If ground is expiration of an express contract, NO DEMAND is
necessary (Eg. Contract of lease with specific date, nonrenewable)
-Upon end of contract, there is now illegal detention of the property,
the person being aware of the conditions of the contract, thus not
necessitating notice or demand.
-Supposing there is no written contract? Period will depend on
payment of rent (eg. Monthly, edi monthly.Weekly, edi weekly.Daily,
etc. Hourly, ibanayan. Short time)
-Implied contract- There is NEED OF DEMAND, so that lessee will be
aware that he is no longer authorized to occupy.
-What if the ground of the unlawful detainer is nonpayment of rent? 2
demands must be made: A demand to pay and a demand to vacate.
-What if the grounds are based on other violations of the contract?
(eg. Subleasing, overcapacity, turned into a sari sari store, etc) if the
grounds are violations of other provisions of the lease contract, then
demand is necessary.
-What kind of damages can be collected in unlawful detainer?
Rentals and reasonable attorneys fees.None other.
-What if lessee has not been paying city services. Will a case for
unlawful detainer and damages (covering elec bill, water, phone bills,
etc) prosper? No. A special civil action and an ordinary civil action
cannot be joined (remember limitations?)

-This is not a ground to dismiss. Since it is a misjoinder, the court will

just sever and proceed against cases separately (consider
jurisdictional amount of ordinary civil action as well).
-Besides, Forcible Entry and Unlawful Detainer are under rules on
summary procedure.
-The MTC issues an order that says this is a case covered by rules
on summary procedure (for FE or UD)
-What are the rules?
-Referral to Lupon. If not referred, an MD can be filed on the ground
of NONREFERAL TO LUPON (not on failure to comply with rules
precedent under Rule 16. Rules on Summary Procedure is different).
-The only allowable grounds for dismissal of case in Summary
Procedure Nonreferral to Lupon and Lack of Jurisdiction. Those 2
only.
-How about other grounds? File an answer and include them in the
affirmative defenses.
-When court makes a finding that the case is under summary
procedure, it will direct the issuance of summons and the D is given
10 days to file an answer (not 15, because this is a summary
proceeding).
-At the end of the 10-day period and there is no answer, there is no
declaration of default in summary procedure.
-The court on its own (or on motion of the P) can consider the case
submitted for decision.
-However, if D files an answer in 10 days, the Court will set the case
for preliminary conference in 10 days.
-Preliminary conference is similar to pretrial. However, there is no
trial.
-10 days therefrom, the court directs the parties to submit their
respective position papers.
-If the court finds there is a need for a clarificatory hearing, the court
will set the case for that purpose.
-Clarificatory hearing- because upon reading the position papers and
affidavits, the court finds ambiguity needing clarification.
-If clear, then cases are submitted for decision, and the court has 30
days to decide the case (unlike regular cases 90 days).
-As a total, FE and UD have to be decided in 60 days. That short?
Yes.
Does it happen that way?.......sometiiiiimes!!! kunana.
Sometimes 60 months.
-What if there is no answer? Edi 40 days.Summary procedure nga,
which makes these cases peculiar.
-Demand- must this be oral or written? Any.Hoooy, your rent! And
you vacate! Such demand is valid. But for probative value, a written
demand is needed (added to the position paper).
-And finally, let me hurry this because you might cite me for contempt
of stomach.

10) Contempt of Court

-This is the only provision in your entire Rules on Civil Procedure that
is criminal in nature. Why? Because it provides for a penalty: Fine,

imprisonment, and even both, especially if the judge does not like
your face.
-Contempt- disrespect and disobedience of the court. The court
deserves every respect it can get. Judiciary is among the 3 pillars of
the government.
a) Direct contempt- if sign of disrespect is done within the sight and
hearing of the judge.
Anything that serves disrespect or
disturbs/disrupts the proceedings.
-Summary. No need for a proper charge or hearing.
-Will there be a service of sentence right away? Yes. Brought to jail,
pay, or both.
-Eg. Honking lawyer, drunk janitor.
-Penalties in MTC is different from that of the higher courts.
-Higher penalty in direct contempt, vs indirect.
b) Indirect contempt- opposite of direct.
-If it is not within sight and hearing, or disobedience (eg. TRO).Or
refusal to allow inspection/ survey.
-Indirect contempt needs a proper charge or petition.
-All the special civil actions are original / initiatory actions, so
they require verification and CNFS, and payment of docket fees
(except Direct contempt. Summary)
-In indirect contempt, you have to have a petition. But if it is in
connection to the main case, then a motion is fine.
-There will be a hearing.
-Remedies of person cited in contempt.
-Direct contempt:
-File a petition for certiorari under rule 65.
-Judge is pikon, thus grave abuse of discretion.
-Indirect contempt:
-Appeal the decision in the hearing of the indirect contempt case.
-Read on the penalties of contempt.
-Ended the lecture with the story of the weird and wild prosecutor
who ended up being decided upon by Judge M.
Super verbatim: coverage of exam from judgment..ay no nonono,
from remedie - from remedies before finality up to special civil
actions. Bring your notebook but DO NOT WRITE anything on it.
Leave it blank, leave it blank from back to front. And bring your
permit. Ok? So, can we have lunch now? Okay, so lets have
lunch.

END OF CIVIL
PROCEDURE