CIVIL PROCEDUREOutline

Justice Magdangal M. de Leon

Basic principles

Remedial law distinguished from substantive lawKinds of procedure

1. As to purpose2. As to formality

Civil action, criminal action and special proceedings distinguished

Rule 1General Provisions

(Sections 1 to 6)

Rule making power of Supreme CourtArt. VIII, Sec. 5 (5), Constitution

Art. VI, Sec. 30Procedural and substantive rulesForce and effect of Rules of Court

Power of Supreme Court to suspend the Rules of CourtMay parties change the rules of procedure?

Matters of procedure which>may be agreed upon by the parties

>are waivable>fall within the discretion of the court

Jurisdiction

1. Generallya. subject matterb. res or property

c. issuesd. parties

2. Estoppel to deny jurisdictionHeirs of Bertuldo Hinog vs. Melicor, 455 SCRA

460 (2005)3. Jurisdiction at time of filing of action

People vs. Cawaling, 293 SCRA 267 (1998)

Regular Courts (MTC, RTC, CA, SC)

Art. VIII, ConstitutionBP 129 (Judiciary Reorganization Act of 1980)RA 7902 (expanding the jurisdiction of the CA,

amending BP 129)

RA 7961 (expanding the jurisdiction of MetroTC,MTC, MCTC, amending BP 129)

SC Adm. Circular No. 09-94, in rel. to RA 7691SC Circular No. 21-99, in rel. to RA 7691

RA 8369 (Family Courts Act of 1997)SC Circular No. 11-99, in rel. to RA 8369

Special CourtsSandiganbayan

PD 1616, as am. by RA 7975 and RA 8249

Quasi judicial bodiesSEC ( Sec. 5.2, RA 8799, Securities Regulation

Code)CSC (Magpale vs. CSC, 215 SCRA 398 (1992))

HLURB (Sandoval vs. Caneba, 190 SCRA 77 (1991)

Kinds of action

1. As to cause or foundationa. personal

b. real*distinction important in determining venue

2. As to objecta. in rem

b. in personamc. quasi in rem

*distinction important in service of summons

Commencement of action1. Condition precedent

Katarungang PambarangayLumbuan vs. Ronqullo, G.R. No. 155713, May 5, 2006

2. Payment of filing feeHeirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005), reiterating Sun Insurance

Office, Ltd. vs. Asuncion, 170 SCRA 274 (1989)

Rule 2Cause of Action

(Rules 1 to 6)

Cause of action (Secs. 1-2) Distinguished from right of actionSplitting a cause of action (Secs. 3-4)

Joseph vs. Bautista, 170 SCRA 540 (1989)Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007

Progressive Development Corp. vs. CA, 301 SCRA 367 (1999)CGR Corporation vs. Treyes, Jr., G.R. No. 170916, April 27, 2007

Enriquez vs. Ramos, 7 SCRA 265 (1963)Remedy against splitting a single cause of action

a. motion to dismiss – Rule 16, Sec. 1 (e) or Sec. 1 (f)b. answer alleging affirmative defense – Rule 16, Sec.

6Joinder of causes of action (Secs. 5-6)

Flores vs. Mallare-Phillipps, 144 SCRA 277 (1986)What is the totality rule?

Rule 3Parties to Civil Actions

(Sections 1 to 22)

Who may be parties (Sec. 1)1. Natural persons

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2. Juridical persons3. Entities authorized by law (even if they lack juridical

personality)Classification of parties

Real party in interest (Sec. 2)Lack of personality to sue

Evangelista vs. Santiago, 475 SCRA 744 (2005)Standing to sue

Domingo vs. Carague, 456 SCRA 450 (2005)Representative parties (Sec. 3)

Oposa vs. Factoran, 224 SCRA 792 (1993) Indispensable parties (Sec. 7)Domingo vs. Scheer, 421 SCRA 468

(2004)Uy vs. CA, 494 SCRA 535 (2006)

Necessary party or proper party (Secs. 8-9)Laperal Devt. Corp. vs. CA, 223 SCRA

261 (1993)Permissive joinder of parties (Sec. 6)

Effects of misjoinder and non-joinder of parties(Sec. 11)

Class suits (Sec. 12)Mathay vs. Consolidated Bank, 58 SCRA

559 (1974)

Defendants1. Unwilling co-plaintiff (Sec. 10)

2. Alternative defendant (Sec. 13)3. Unknown defendant (Sec. 14; Rule 14, Sec. 14)

4. Entity without juridical personality as defendant (Sec. 15; Rule 14, Sec. 8)

Death of party; duty of counsel (Secs. 16, 20)1. If plaintiff dies during pendency of case

2. If defendant dies, effect of his death depends upon nature of the pending actionEffect of non-substitution of a deceased party

Heirs of Bertuldo Hinog vs. Melicor, 455 SCRA 460 (2005)De la Cruz vs. Joaquin, 464 SCRA 576 (2005)

Death or separation of party who is a public officer (Sec. 17)Incompetency or incapacity (Sec. 18)

Transfer of interest (Sec. 19)Indigent party (Sec. 21)

Notice to Solicitor General (Sec. 22)

Rule 4Venue of Actions

(Sections 1 to 4)

Venue definedDistinguished from jurisdictionVenue of real actions (Sec. 1)

Venue of personal actions (Sec. 2)Venue of actions against non-residents (Sec. 3)Quasi in rem = action affects personal status

of plaintiff -- residence of plaintiffIn rem = action affects property of defendant

in Phils. -– location of property

When rule not applicable (Sec. 4)

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1. Where a specific rule or law providesotherwise

Diaz vs. Adiong, 219 SCRA 631 (1993)2. Where parties have validly agreed in writing before filing of the action on exclusive

venue thereofPhil. Banking Corp. vs. Tensuan, 228

SCRA 385 (1993)

Waiver of improper venue1. express waiver2. implied waiver

Dacoycoy vs. IAC, 195 SCRA 641 (1993)How to question improper venue

1. motion to dismiss (Rule 16, Sec. 1(c))2. affirmative defense in answer (Rule 16,

Sec. 6)

Pleadings(Substantial Requirements)

In generalDefined (Rule 6, Sec. 1)

Distinguished from motion (Rule 15, Sec. 1)What allowed (Rule 6, Sec. 2)Parts of a pleading (Rule 7)

How allegations madeIn general (Rule 8, Sec. 1)Capacity (Rule 8, Sec. 4)

Alternative claims and defenses (Rule 8, Sec. 2)Conditions precedent (Rule 8, Sec. 3)

Fraud and mistake, condition of mind (Rule 8, Sec.5)

Judgments (Rule 8, Sec. 6)Official documents (Rule 8, Sec. 9)

Need to bring in new parties (Rule 6, Sec. 12)

ComplaintDefined and in general (Rule 6, Sec. 3)

AllegationsIn general (Rule 8, Sec. 1)

Mathay vs. Consolidated Bank and TrustCompany, 58 SCRA 559 (1974)

Capacity of parties (Rule 8, Sec. 4)Actions based upon a document (Rule 8, Sec. 7)

AnswerDefined and in general (Rule 6, Sec. 4)

Types of defensesNegative (Rule 6, Sec. 5(a))

How alleged, generally (Rule 8, Sec. 10)Capacity of parties (Rule 8, Sec. 4)

Genuiness of documents (Rule 8, Sec. 8)Negative pregnant

PHILAMGEN vs. Sweet Lines, 212 SCRA 194(1993)

Affirmative (Rule 6, Sec. 5(b))Implied admissions (Rule 9, Sec. 1)

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Periods to plead (Rule 11, Secs. 1-3)Waiver of defenses (Rule 9, Sec. 2)

CounterclaimsDefined and in general (Rule 6, Sec. 6)

How raisedIncluded in answer (Rule 6, Sec. 9; Rule 11, Sec. 8)

After answer (Rule 6, Sec. 9; Rule 11, Sec. 9)Kinds of counterclaims

Compulsory (Rule 6, Sec. 7; Rule 9, Sec. 2)- cannot be independently adjudicated

- jurisdiction (both as to amount and nature; exception)- filing fees and non-forum certification not

requiredPermissive

Korea Exchange Bank vs. Gonzales, 456 SCRA 224(2005)

BA Finance Corp. vs. Co, 224 SCRA 163(1993)

RemediesFor failure to raise compulsory counterclaim (Rule 9, Sec. 2)Oversight, inadvertence, excusable neglect (Rule 11, Sec. 10)

In case main action failsBA Finance Corp. vs. Co, supra

Answer to counterclaimIn general (Rule 6, Sec. 4)

Period to plead (Rule 11, Sec. 4)

ReplyDefined and in general (Rule 6, Sec. 10)

When required (Rule 6, Sec.10)Challenge due to authenticity of documents (Rule 8, Sec. 8)

Third/Fourth Party ComplaintDefined (Rule 6, Sec. 11)Remedies when denied

Answer to Third/Fourth Party ComplaintIn general (Rule 6, Sec. 13)

Time to plead (Rule 11, Sec. 5)

Extension of time to plead (Rule 11, Sec. 11)

(Formal Requirements)Filing and Service of Pleadings,

Motions and Orders

Verification (Rule 7, Sec. 4)Certification against forum shopping (Rule 7, Sec. 5)

Ao-As vs. CA, 491 SCRA 353 (2006)Forum shopping certificate for a corporation

PAL vs. Flight Attendants and Stewards Assn of the Phils.(FASAP), 479 SCRA 605 (2006)

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Filing and service defined (Rule 13, Sec. 2)Coverage (Rule 13, Secs. 1, 4)

Modes of serviceIn general, filing (Rule 13, Sec. 3)

In general, service (Rule 13, Secs. 5, 9)Personal (Rule 13, Sec. 6)

Mail (Rule 13, Sec. 7)Substituted service (Rule 13, Sec. 8)

Priority (Rule 13, Sec. 11)Upon party in default (Rule 9, Sec.3)

Completion of service (Rule 13, Sec. 10)Proof of filing and service

Rule 13, Secs. 12, 13)Lis pendens (Rule 13, Sec. 14)

Amended and Supplemental Pleadings

Amendments

In general (Rule 10, Sec. 1)Liberality

Barfel Devt. Corp. vs. CA, 223 SCRA 268 (1993)Form (Rule 10, Sec. 7)Effect (Rule 10, Sec. 8)

KindsFormal amendments (Rule 10, Sec. 4)

Substantial amendmentsMatter of right (Rule 10, Sec. 2)

Matter of discretion (Rule 10, Sec. 3)To conform to evidence (Rule 10, Sec. 5)

Swagman Hotels & Travel, Inc. vs. CA,G.R. No. 161135, April 8, 2005

RemediesPeriods to answer

Amendments (Rule 11, Sec. 3)Supplemental complaint (Rule 11, Sec. 7)

Supplemental pleadings (Rule 10, Sec. 6)Distinquished from amended pleadings

Shoemart, Inc. vs. CA, 190 SCRA 189 (1990)

Bill of Particulars/Intervention

Bill of particulars (Rule 12, Secs. 1 to 6)Office and purpose

Virata vs. Sandiganbayan, 221 SCRA 52 (1993)What is beyond its scope

Tan vs. Sandiganbayan, 180 SCRA 34 (1989)

Intervention (Rule 19, Secs. 1 to 4)Ancillary to pending action

Saw vs. CA, 195 SCRA 740 (1991)Exception

Metropolitan Bank & Trust Co. vs. Presiding Judge,182 SCRA 820 (1990)

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Rule 14Summons

(Sections 1 to 20)

Definition and purposeDuty to issue (Secs. 1, 5)

FormContent (Sec. 2)

If with leave of court (Sec. 17)Who serves (Sec. 3)

On whomIn general (Secs. 1, 6)

Entity without juridical personality (Sec. 8)Associations

Domestic (Sec. 11)List exclusive

E.B. Villarosa & Partner Co., Ltd. vs. Benito,312 SCRA 65 (1999)

Foreign (Sec. 12)Northwest Orient Airlines, Inc. vs. CA. 241

SCRA 192 (1995)Public corporation (Sec. 13)

Minors (Sec. 10)Insane, incompetents (Sec. 13)

Prisoners (Sec. 10)Unknown defendant (Sec. 14)

*whether in rem, quasi in rem or personalResidents temporarily out (Secs. 16)

Non-resident (Sec. 15)*in rem, quasi in rem

Modes of servicepersonal (Sec. 6)

substituted (Sec. 7)Robinson vs. Miralles, G.R. No. 163584, December 12, 2006)

publication (Sec. 14)extraterritorial (Secs. 15,16)

Valmonte vs. CA, 252 SCRA 92 (1996)Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No. 172242, August

14, 2007 registered mail invalid service of summons

Voluntary appearance (Sec. 20)Delos Santos vs. Montesa, 221 SCRA 15 (1993)

Orion Security Corporation vs. Kalfam Enterprises, Inc., G.R. No. 163287, April 27, 2007

Return of service (Sec. 4)Proof of service (Sec. 18)

publication (Sec. 19)

Rule 15Motions

(Sections 1 to 10)In general (Sec. 1)

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Form (Sec. 2)Generally (Sec. 10)May be oral (Sec. 2)

Motion for leave (Sec. 9)Prohibited motionContents (Sec. 3)

Omnibus motion rule (Sec. 8)Exceptions (Rule 9, Sec. 1)

Notice of hearing (Secs. 4, 5)General rule = without compliance – scrap of paper

ExceptionsMotions which may be granted ex parte

Where adverse party had opportunity to opposeLanto vs. Dimaporo, 16 SCRA 599 (1966)

Vlason Enterprises Corp. vs. CA, 330 SCRA 26(1999)

Proof of service (Sec. 6)Hearing of motions (Sec. 7)

Rule 16Motion to Dismiss

(Sections 1 to 6)

Four general types of motion to dismiss under the Rules1. Motion to dismiss before answer (Rule 16)

2. Motion to dismiss by plaintiff (Rule 17)3. Motion to dismiss on demurrer to evidence after plaintiff has rested his case under

Rule 334. Motion to dismiss appeal either in RTC (Rule 41, Sec. 13), CA (Rule 50, Sec. 1) or

SC (Rule 56, Sec. 5)

Grounds (Sec. 1)Lack of jurisdiction

Boticano vs. Chu, 148 SCRA 541 (1987)Res judicata

Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007

No cause of actionHalimao vs. Villanueva, 253 SCRA 1 (1996)

Tan vs. CA, 295 SCRA 247 (1998)

Statute of fraudsAsia Production Co., Inc. vs. Pano, 205 SCRA 458

(1992)Condition precedent

Sunville Timber Products, Inc. vs. Abad, 206 SCRA 482(1992)

Who filesHow pleaded

Period (Sec. 1)As affirmative defense (Sec. 6)

- counterclaim which may be prosecuted in same or separate action refers to permissive counterclaim

Hearing and resolution (Secs. 2, 3)Municipality of Binan vs. CA, 219 SCRA 69 (1993)

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- preliminary hearing not mandatory- preliminary hearing on an affirmative defense forfailure to state a cause of action is not necessary

EffectsOf dismissal (Sec. 5)

On periods for pleading (Sec. 4)On other grounds and omnibus motion rule (Rule 9, Sec. 1; Rule 15, Sec. 8)

RemediesIf motion granted – appeal or refile complaint

If motion denied - file answer, unless without jurisdiction, in which case, Rule 65 petitionNPC vs. CA, 185 SCRA 169 (1990)

Rule 17Dismissal of Actions

(Sections 1 to 4)

Upon notice by plaintiff – before answer (Sec. 1)O.B. Jovenir Construction and Development Corp. vs.

Macamir Realty and CA, G.R. No. 135803, March 26, 2006Upon motion of plaintiff – after answer (Sec. 2)

Due to fault of plaintiff (Sec. 3)Cruz. vs. CA, G.R. No. 164797, February 13, 2006

Effect on counterclaimPinga vs. Santiago, G.R. No. 170354, June 30, 2006

Perkin Elmer Singapore Pte Ltd. vs. Dakila Trading Corporation, G.R. No. 172242, August 14, 2007

Remedy of plaintiffKo vs. PNB, 479 SCRA 298, January 28, 2006

Dismissal of counterclaims (Sec. 4)

DefaultRule 9, Sec. 3

Nature in general (Sec. 3, first par.)When may a defendant be declared in default?

1. Failure to file answer (Rule (9, Sec. 3)2. Failure to furnish copy of answer

3. Failure to appear at pre-trial (Rule 18, Sec. 5)4. Failure to comply with modes of discovery

( Rule 29, Sec. 3 [d])

When allowed (Sec. 3, first par.)

Effect (Sec. 3(a), (c))Gajudo vs. Traders Royal Bank, G.R. N o. 151098, March 21, 2006

Vlason Enterprises Corp. vs. CA, 310 SCRA 26 (1999)

Order of defaultWhen some answer and others default (Sec. 3 (c))

Extent of relief to be awarded (Sec. 5)Where not allowed (Rule 9, Sec. 3 (e))

Procedure after order of default (Sec. 3, first par.)Remedy from order of defaultMotion to set aside (Sec. 3(b))

Ramnani vs. CA, 221 SCRA 582 (1993)

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Remedies from judgment by defaultBefore finality

or new trial (Rule 37)Appeal (Rules 40 and 41)

Martinez vs. Republic, G.R. No. 160895, October 30, 2006After finality

Petition for relief from judgment (Rule 38)Annulment of judgment (Rule 47)

Is certiorari a proper remedy?Jao vs. CA, 251 SCRA 391 (1995)

Indiana Aerospace University vs. CHED, 356 SCRA367 (2001)

Rule 18Pre-Trial

(Sections 1 to 7)

Nature (Sec. 2)When (Sec. 1)

LCK Industries Inc. vs. Planters Development Bank, G.R. No. 170606, November 23, 2007Requirements for appearance (Sec. 4)

ProcedureDuty to set (Sec. 1)

Effect of I.A.1.2, A.M. No. 03-1-09-SC (Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court in the Conduct of Pre-Trial and Use of Deposition-Discovery

Measures), which took effect on August 16, 2004Notice (Sec. 3)

Pre-trial brief required (Sec. 6)Record or order of pre-trial (Sec. 7)

ConsequencesOrder (Sec. 7)

Effect of failure to appear (Secs. 5, 6 (last par.))Calalang vs. CA, 217 SCRA 462 (1993)

On plaintiff (see Rule 17, Sec. 3)On defendant, compare with default (Rule 9, Sec. 3)

Citibank N.A. vs. Chua, 220 SCRA 75 (1993)No pre-trial brief (Rule 18, Sec.7)

Rule 20Calendar of Cases(Sections 1 and 2)

Calendar (Sec. 1)Preferences (Sec. 1)

Assignment of cases (Sec. 2)

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Rule 22Computation of Time

(Sections 1 and 2)

Rule 30Trial

(Sections 1 to 9)

Notice of trial (Sec. 1)

Adjournments and postponements (Sec. 2)Absence of evidence (Sec. 3)

Illness of party or counsel (Sec. 4)

Subpoena, Rule 21

ConductOrder of trial (Sec. 5)

Agreed statement of facts (Sec. 6; Rule 18, Secs. 2(d), 7)Statement of judge (Sec. 7)

Suspension of actions (Sec. 8)Arts. 2030 & 2035, Civil Code

Duty of judge to receive evidence and power to delegateto clerk of court (Sec. 9)

Trial by commissioner, Rule 32, Secs. 1 to 3 only

Consolidation of trial, Rule 31, Sec. 1. Compare with Rule 2, Sec. 5 & Rule 3, Sec. 6.Severance of trial, Rule 31, Sec. 2

Lack of cause of action may be cured by evidence presented during the trial and amendments to conform to the evidence.

Swagman Hotels & Travel, Inc. vs. CA, G.R. No. 161135, April 8, 2005

Rule 33Demurrer to Evidence

(Section 1)

Republic vs. Tuvera, G.R. No. 148246, February 16, 2007Distinguished from motion to dismiss for failure to state a cause of action (Rule 16, Sec. 1

(g))The Manila Banking Corp. vs. University of Baguio, Inc., G.R.No. 159189, February 21, 2007

Distinguished from demurrer in criminal case (Rule 119, Sec. 23)

Rule 34Judgment on the Pleadings

(Section 1)

Meneses vs. Secretary of Agrarian Reform, G.R. No. 156304, October 23, 2006Distinguished from summary judgment

Diman vs. Alumbres, 299 SCRA 459 (1998)

Rule 35Summary Judgments

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(Sections 1 to 6)

Ontimare vs. Elep, G.R. No. 159224, January 20, 2006Motion required

Asian Construction and Development Corp. vs. PCIB, G.R. No. 153827, April 25, 2006.

Rule 36Judgments, Final Orders and Entry

(Sections 1 to 8)

Form (Rule 36, Sec. 1)Concept of final judgment and final order

See also Rule 41, Sec. 1BA Finance Corp. vs. CA, 229 SCRA 566 (1994)

Kinds (as to finality)Rendition of judgment (Rule 36, Sec. 1)

Entry of judgment (Rule 36, Sec. 2)Entry of satisfaction of judgment (Rule 39, Secs. 44 and

45)

Kinds (as to process of procuring)Judgment on the pleadings, Rule 34

Judgment on demurrer to evidence, Rule 33Summary judgments, Rule 35

Default judgments, Rule 9, Sec. 3Judgments after ex parte presentation of evidence, Rule

18, Sec. 5Orders for dismissal

Motion to dismiss, Rule 16Dismissals under Rule 17

Dismissals under Rule 18, Sec. 5Dismissals under Rule 29, Sec. 5

Kinds (as to parties)As against one or more several parties, Rule 36, Sec. 3

Several judgment, Rule 36, Sec. 4Against entity without juridical personality, Rule 36, Sec.

6

Kinds (as to claims)Entire

At various stages or separate judgments, Rule 36, Sec. 5See also Rule 41, Sec. 1 (g)

Kinds (as to how executed)Judgments not stayed on appeal, Rule 39, Sec. 4

Judgments for money, Rule 39, Sec. 9Judgments for specific acts, Rule 39, Sec. 10

Special judgments, Rule 39, Sec. 11

Effect of judgments and final ordersLocal, Rule 39, Sec. 47

Foreign, Rule 39, Sec. 48

Amendment of judgmentBefore it becomes final and executory

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Eternal Gardens Memorial vs. IAC, 165 SCRA 439(1988)

After it becomes final and executoryNunal vs. CA, 221 SCRA 26 (1993)

Industrial Timber Corp. vs. NLRC, 233 SCRA 597(1994)

Supplemental judgmentEsquivel vs. Alegre, 172 SCRA 315 (1989)

Judgments nunc pro tuncCardoza vs. Singson, 181 SCRA 45 (1990)

Law of the caseBar by former judgment and conclusiveness of judgment

distinguishedDel Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31,

2007

Immutability of final judgmentGriffith vs. Estur, G.R. No. 161777, May 7, 2008

Remedies against Judgments orFinal Orders

Remedies before finality of judgment1. Motion for reconsideration

2. Motion for new trial3. Appeal

a. Ordinary appealRule 40Rule 41

b. Petition for reviewRule 42Rule 43

c. Petition for review on certiorariRule 45

Remedies after finality of judgment1. Petition for relief from judgment

2. Annulment of judgment3. Petition for certiorari

New Trial or ReconsiderationRule 37

(Sections 1 to 9)

Grounds and nature (Sec. 1)Motion for new trial (Sec. 1, par. 1)

Distinguish from motion to reopen trial

Motion for reconsideration (Sec. 1, par. 2)

Periods (Sec. 1)For filing

Effect of motion for extension of time to fileSee also Rule 41, Sec. 3, par. 2; Rule 40,

Sec. 2. par. 2

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Not required for appealSecond motion for new trial (Sec. 5, par. 1)

Second motion for reconsideration (Sec. 5, par. 2)For resolution (Sec. 4)

ContentsIn general (Sec. 2). See also Rule 15, Sec. 3

Motion for new trial (Sec. 2, par. 2)Motion for reconsideration (Sec. 2, par. 3)

Pro forma motion and its effects (Sec. 2, par. 4)Marina Properties Corp. vs. CA, 294 SCRA 273 (1998)

Action by courtOptions in general (Sec. 3)

Grant of motion for new trial (Sec. 6)Partial new trial or reconsideration (Secs. 7, 8)

DenialRemedies (Sec. 9; Rule 41, Sec. 1 (a))

Appeal

Ordinary Appeal

Rule 40MTC to RTC

(Sections 1 to 9)Where to appeal (Sec. 1)When to appeal (Sec. 2)How to appeal (Sec. 3)

Perfection of appeal (Sec. 4)See Rule 41, Sec. 9

Appellate court and other lawful fees (Sec. 5)Same as Rule 41, Sec. 4

Procedure in RTC (Sec. 7)

Appeal from MTC order dismissing casea. without trial on the merits (Sec. 8, par. 1)

b. with trial on the merits (Sec. 8. par. 2)Provost vs. CA, G.R. No. 160406, June 26, 2006

Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006

Rule 41RTC to CA

(Sections 1 to 13)Subject of appeal (Sec. 1)

Non-appealable ordersA.M. No. 07-7-12-SC (dated December 4, 2007 – took effect on December 27, 2007) –

Amendments to Rules 41, 45, 58 and 65Modes of appeal (Sec. 2)

Period of ordinary appeal (Sec. 3)Interrupted by timely MNT or MR

No motion for extension of time to file MNT or MRMR filed on last day of 15-day period

Manila Memorial Park vs. CA, 344 SCRA 769 (2001New rule on appeal after denial of MR or MNT

Neypes vs. CA, 469 SCRA 633 (2005)

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When appeal allowed even if period to appealhas expired

Trans International vs. CA, 285 SCRA 49(1998)

RTC cannot dismiss appeal on ground that only questions of law involvedKho vs. Camacho, 204 SCRA 150 (1991)

Appellee who has not appealed may not obtain affirmative relief from appellate courtCustodio vs. CA, 253 SCRA 483 (1996)

Exception – when there is solidarity in obligationsCitytrust Banking Corp. vs. CA, 196 SCRA 553 (1991)

Perfection of appeal (Sec. 9, 1st and 2nd pars.)Loss of jurisdiction (Sec. 9, 3rd and 4th pars.)

Residual powers (Sec. 9, 5th par.)IAPOA

Dismissal of appeal (Sec. 13)a. late fiiing

b. non-payment of docket and other lawful fees

Petition for Review

Rule 42RTC to CA

(Sections 1 to 8).

Appeal from RTC decision rendered in the exercise of its appellate jurisdictionRoss Rica Sales Center, Inc. vs. Ong, G.R. No. 132197, August 16, 2005

Pure questions of law may be raised (Sec. 2)Macawiwili Gold Mining and Devt. Co, Inc.

vs. CA, 297 SCRA 602 (1998)Effect of failure to comply with requirements (Sec. 3)

Action by court (Sec. 4)a. Require filing of comment orb. Dismiss petition outright

PPQWhen petition given due course (Sec. 6)

- prima facie finding that lower court has committederrors of fact or law warranting reversal or modification

Petition dismissed for late filing after finding the same primafacie meritorious

Ditching vs. CA, 263 SCRA 343 (1996)

Perfection of appeal (Sec. 8, 1st par.Loss of jurisdiction (Sec. 8, 2nd par.)Residual powers (Sec. 8, 3rd par.)

IAPOAEffect of appeal (Sec. 8, 4th par.)

General rule: shall STAY judgment or final orderExceptions:

a. civil cases decided under the Rule on Summary Procedureb. when CA, law or Rules of Court provide otherwise

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Rule 43Quasi-Judicial Agencies to CA

(Sections 1 to 13)

Scope (Sec.1)Fabian vs. Desierto, 295 SCRA 440 (1998)

Ombudsman criminal cases – Supreme Court viaRule 65

Garcia-Rueda vs. Pascasio, 278 SCRA 269 (1997)Cases not covered (Sec. 2)

St. Martin Funeral Home vs. NLRC, 295 SCRA494 (1998)

Decisions of Secretary of Labor and Director of Bureau ofLabor Relations – petition for certiorari to CA under Rule 65

Decisions of DOJ Secretary in petitions for review prosecutors’ resolutions – petition for certiorari to CA under Rule 65

Santos vs. Go, 473 SCRA 350 (2005)Not applicable where there is error of jurisdiction

Fortich vs. Corona, 289 SCRA 624 (1998)Where to appeal (Sec. 3)

Pure questions of law may be raisedPeriod of appeal (Sec. 4)

How appeal taken (Sec. 5)Form and contents (Sec. 6)

Effect of failure to comply with requirements (Sec. 7)- sufficient ground for dismissal

Action by court (Sec. 8)a. Require fiing of comment orb. Dismiss petition outright

PPQWhen petition given due course (Sec. 10)

- prima facie finding that court or agency committederrors of fact or law warranting reversal or modification

Effect of appeal (Sec.12)General rule: shall NOT STAY award, judgment, final order

or resolutionExceptions:

a. when CA directs otherwiseb. when the law directs otherwise (additional exception)

Lapid vs. CA, 334 SCRA 738 (2000

Petition for Review on Certiorari

Rule 45(Sections 1 to 9)

What to file; from what courts (Sec. 1)CA, SB, CTA, RTC only

Remedies of appeal and certiorari mutually exclusive; Rule 45 distinguished from Rule 65; petition for certiorari treated as petition for review

Nunez vs. GSIS Family Bank, 475 SCRA 305 (2005)Only questions of law may be raised

Questions of law and questions of fact distinguished; if no questions of fact, Rule 45 petition.

China Road and Bridge Corp. vs. CA, 348 SCRA 401 (2000)

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Time for filing (Sec. 2)Docket and other lawful fees (Sec. 3)

Proof of service (Sec. 3)Contents of and documents to accompany petition (Sec. 4)Effect of failure to comply with requirements (Sec. 5, par. 1)

- sufficient ground for dismissalDenial motu proprio (Sec. 5, par. 2)

W(P)PQReview discretionary (Sec. 6)

- not a matter of right but of sound judicial discretion- granted only when there are special and important reasons

Pleadings and documents that may be required (Sec. 7)- to determine whether to dismiss or deny petition under Sec. 5

- where petition given due course under Sec. 8Rule applicable to both civil and criminal cases (Sec. 9)

Petition for Relief from Judgments, Ordersor Other Proceedings

Rule 38(Sections 1 to 7)

Grounds and nature (Secs. 1, 2)Grounds

Requires final judgment or loss of appealCan this remedy be availed of in the Court of Appeals?

Time for filing (Sec. 3)Strictly followed

Escueta vs. Lim, G.R. No. 137162, January 24, 2007Contents

Affidavit of merit (Sec. 3)When motion for reconsideration considered as petition

for reliefAction of court before answer

Power to deny (Sec. 4)Preliminary injunction pending proceedinsg (Sec. 5)

Order to file answer (Sec. 4)Procedure

Availability of preliminary injunction (Sec. 5)Proceedings after answer is filed (Sec. 6)

Where denial of appeal is set aside (Sec. 7)Action of court after giving due course

Grant of petition for relief (Sec. 7)Denial of petition for relief (Rule 41, Sec. 1 (b))

Remedies after petition for relief expiresReopening not allowed

Alvendia vs. IAC, 181 SCRA 282

Annulment of JudgmentRule 47

(Sections 1 to 10)

When remedy availableWhere applicable

People vs. Bitanga, G.R. No. 159222, June 26, 2007Fraginal vs. Paranal, G.R. No. 150207, February 22, 2007

Grande vs. University of the Philippines, G.R. NO. 148456, September 15, 2006

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Grounds (Sec. 2)Cosmic Lumber Corp. vs. CA, 265 SCRA 166 (1996)

Where petition filed (Secs. 1, 10)Period for filing (Sec. 3)

LachesMarcelino vs. CA, 210 SCRA 444 (1992)

Parties and contents (Sec. 4)May be filed by a non-party to the judgment

Available even if judgment has been executed (Sec. 9)Islamic Da’Wah Council of the Phils. vs. CA, 178 SCRA 178

(1989)Action by the court (Sec. 5)

Procedure (Sec. 6)Effect of judgment (Sec. 7)

Suspension of prescriptive period (Sec. 8)

CertiorariRule 65

Constitutional provisions on judicial powerArt. VIII, Sec. 1, par. 2, Constitution

Petition for certiorari, in general (Sec. 1)Distinction between without jurisdiction, in excess of jurisdiction and grave of abuse of

discretion

Remedy to correct errors of jurisdictionJamer vs. NLRC, 278 SCRA 632 (1997)

Distinction between error of jurisdiction and error of judgmenta. When court without jurisdiction and it rendered decision, committed error of

jurisdiction - decision null and void even if correct, and remedy is certiorari.

b. When court with jurisdiction and rendered decision, but decision not correct, committed error of judgment – decision valid even if wrong, and remedy

is appeal

Questions of fact cannot be raisedDay vs. RTC of Zamboanga City, 191 SCRA 610

(1999)Neither questions of fact nor of law entertained

Romy’s Freight Service vs. Castro, 490 SCRA 165 (2006)Only issue involved is jurisdiction, either want of or excess thereof

Gerardo vs. De la Pena, 192 SCRA 691 (1992)

Distinction between certiorari under Rule 45 as a mode of appeal and certiorari under Rule 65 as a special civil action

Banco Filipino Savings and Mortgage Bank vs. CA, 334 SCRA 305 (2000)

No appeal, nor any plain, speedy and adequate remedyGeneral rule, if appeal available, no certiorari

Fajardo vs. Bautista, 232 SCRA 292 (1994)Exceptions

May be availed of even when appeal is available or period to appeal has expiredLuis vs. CA, 184 SCRA 230 (1993)

When appeal not adequate, or equally beneficial,speedy or adequate

Jaca vs. Davao Lumber Co., 113 SCRA 107

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(1982)Motion for reconsideration required; exceptions

Tan vs. CA, 275 SCRA 568 (1997)

Period for filing (Sec. 4)

Discovery

Read Rules 23 to 29Deposition - definition and purposes

People vs. Webb, 312 SCRA 573 (1999)When taken

Dasmarinas Garments, Inc. vs. Reyes, 225 SCRA 622 (1993)When leave of court required

Republic vs. Sandiganbayan, 204 SCRA 212 (1991)Request for admission

Po vs. CA, 164 SCRA 668 (1988)Importance of discovery procedures

A.M. No. 03-1-09-SC dated July 13, 2004Guidelines to be observed by trial court judges and clerks

of court in the conduct of pre-trial and use of deposition- discovery proceduresHyatt Industrial Manufacturing Corps. vs. Ley Construction and

Development Corp., G.R. No. 147143, March 10, 2006

Rule 39Execution

(Secs. 1 to 48)

Judgment or final order (Sec. 1)Losing party must first receive notice of the judgment before the court or its personnel

can execute the judgmentOffice of the Court Administrator vs. Corpuz, 412 SCRA 1 (2003)

Kinds of execution1. According to nature

a. Matter of right (Sec. 1)- enforceable by mandamus

b. Discretionary (Sec. 2)2. According to mode of enforcementa. By motion (Sec. 6, first sentence)

b. By independent action (Sec. 6, 2nd sentence)

Judgments which are immediately executory1. MTC judgment in forcible entry and unlawful detainer(Rule 70, Sec. 19), or RTC judgment on appeal against

defendant (Id., Sec. 21)2. Judgment in action for injunction, receivership, accounting, support (Sec. 4)

Order of execution cannot be appealed (Rule 41, Sec. 1 (f))Discretionary execution (execution pending appeal) (Secs.

2, 3, 5)1. When and where to file motion

a. Before appeal perfected – with trial courtb. After appeal perfected – with appellate court

2. Trial court can grant motion for execution pendingappeal even after perfection of appeal (Sec. 9, last

par.)Grounds of motion for execution pending appeal (Sec. 2(a),

last par.)Execution pending appeal applies to election cases.

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Balajonda vs. COMELEC, G.R. No. 166032, February 28, 2005Stay of execution pending appeal (Sec. 3)

Bonds in execution1. Bond filed by judgment debtor to stay execution pending

appeal – supersedeas bond (Sec. 3)2. Bond of judgment obligor to enable sheriff to continue

holding levied property after affidavit of third party claimfiled with him (Sec. 16)

Effect of reversal of executed judgment on appeal (Sec. 5)

Modes of execution (Sec. 6)1. By motion within 5 years from date of entry of judgment

2. By independent action called “revival of judgment” after 5years and before it is barred by statute of limitations

Execution in case of death of party1. Sec. 7

2. See effect of death of party on pending action(Rule 3, Sec. 16)

Lifetime of writ of execution (Sec. 14)Jalandoni vs. PNB, 108 SCRA 102 (1981)

Execution of judgments for money, how enforced (Sec. 9)1. Immediate payment on demand

2. Satisfaction by levyMeaning of levy

Fiestan vs. CA, 185 SCRA 751 (1990)- three different kinds of sales under the law

(a. ordinary execution sale under Rule 39; b. judicial foreclosure sale under Rule 68; c. extrajudicial foreclosure sale under Act 3135)

Execution of money judgments under Rule 39, Sec. 9 – promissory note not allowed.Dagooc vs. Erlina, A.M. No. P-04-1857 (formerly OCA I.P.I. No. 02-1429-P),

March 16, 2005Effect of levy on execution as to third persons (Sec. 12)

Campillo vs. CA, 129 SCRA 513 (1984)3. Garnishment of debts and credits

Meaning of garnishmentManila Remnant Co., Inc. vs. CA, 231 SCRA 281

(1994)Garnishment of bank deposits - does not violate bank

secrecy law (RA 1405)Garnishment of public funds

Third party claim (Sec. 16)1. How made

2. Who acts on the claim?If disapproved, remedies of third party claimant

- file separate action to determine title or right ofpossession

- file complaint for damages against bond filed byjudgment creditor

Sale on execution (Sec. 15)1. Real property

2. Personal property

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3. In all cases4. Conveyance of property sold to highest bidder, how

made (Secs. 23, 24, 25, 26)

Redemption (Secs. 27, 28)1. Right of redemption

a. Personal propertyb. Real property

2. Who may redeem? (Sec. 27)a. Judgment obligor or his successor in interest

b. Creditor who is a redemptioner3. Time and manner of, and amounts payable on, successive

redemption, etc. (Sec. 28)a. Judgment debtor (or his successor in interest), if

exercising redemption ahead of mere redemptioner –within 1 year from date of registration of sheriff’s

certificate of sale (with Register of Deeds)b. Redemptioner exercising redemption ahead of

judgment debtor (or his successor in interest) –within 1 year from date of registration of certificate

of salec. Redemptioner redeeming from another redemptioner –

within 60 days after the last redemption

Deed and possession after expiration of redemption period(Sec. 33)

Purchaser or last redemptioner entitled to:1. execution of final deed of sale by sheriff – to enable

purchaser of last redemptioner to consolidate his titleto the property and to issuance by registry of deeds of

new title in his name2. physical possession of the property by means of a writ of

possession against judgment obligor or his successor or interest or against any person who occupied the land

after filing of case in which judgment was rendered and writ of execution was issuedWhere third party actually holding property before

institution of case and adversely to judgmentobligor

Malonzo vs. Mariano, 170 SCRA 667 (1989)

When writ of possession may be issued:1. sale at public auction – issued to purchaser where 12-

month redemption period had lapsed without anyredemption being made

2. land registration proceedings3. judicial foreclosure – provided debtor is in possession and

no third person, not a party to the foreclosure suit, hadintervened

4. extrajudicial foreclosureIssuance of writ of possession – ministerial duty; pendency of civil case to annul

foreclosure immaterial

Entry of satisfaction of judgment by clerk of court (Sec. 44)

Effects of judgments and final orders (Sec. 47)1. Bar by former judgment or res judicata (par. (b))

2. Conclusiveness of judgment (par. (c))Del Rosario vs Far East Bank and Trust Company, G.R. No. 150134, October 31, 2007

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Provisional Remedies

Rule 57Preliminary Attachment

(Secs. 1-20)

Nature of attachmentDavao Light & Power Co., Inc. vs. CA, 204 SCRA 343

(1991)Olib vs. Pastoral, 188 SCRA 692 (1990)

When issued; grounds (Sec. 1)

1. Action for recovery of specified amount2. Action involving embezzled property

3. Action to recover property fraudulenty taken4. Action involving fraud in contracting or performing

obligations5. Action against party who has removed or disposed of

property to defraud creditors6. Action against non-resident defendant

Issuance and contents of order (Sec. 2)

Attachment bond required (Secs. 3, 4)

Writ may issue ex parte; prior or contemporaneous sevice of summons required for enforcement (Sec. 5)

Davao Light & Power Co., Inc. vs. CA, supraWhen attachment may be enforced without service of

summonsValmonte vs. CA, 252 SCRA 92 (1994)

Discharge of attachment1. Upon giving counterbond (Sec. 12)

2. On other grounds (Sec. 13)3. Judgment rendered against attaching party – dismissal

of principal action (Sec. 19)

Third party claim (Sec. 14)Same procedure as in Sec. 16, Rule 39 in levy of property

on execution claimed by third partyTraders Royal Bank vs. IAC, 133 SCRA 141 (1984)

Satisfaction of judgment out of property attached (Sec. 15)

Claims for damages on account of improper, irregular orexcessive attachment (Sec. 20)

Pacis vs. Comelec, 29 SCRA 24 (1969)

Rule 58Preliminary Injunction

(Secs. 1 to 9)

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Preliminary injunction defined (Sec. 1)Injunction as a main action

Hernandez vs. National Power Corporation, G.R. No. 145328, March 23, 2006Nature and purpose

Sabalones vs. CA, 239 SCRA 79 (1994)Ulang vs. CA, 225 SCRA 637 (1993)Which court may issue writ (Sec. 2)

Territorial jurisdiction to issue writDecano vs. Edu, 99 SCRA 410 (1980)

Grounds for issuance (Sec. 3)Acts consummated may not be enjoined; exceptions

Verzosa vs. CA, 299 SCRA 100 (1998)When injunction is improper

Tay Chun Suy vs.CA, 229 SCRA 151 (1994)

Laws prohibiting injunctionPD 605 – cases involving concessions, licenses, and otherpermits issued by public administrative officials or bodies

for exploitation of natural resourcesPD 1818 – cases involving infrastructure and natural

resources projects of, and public utilities operated by, thegovernment

PD 385 – against any government financial institution takingforeclosure of loans of which at least 20% thereof are

outstandingExceptions

Hernandez vs. National Power Corporation, G.R. No. 145328, March 23, 2006Verified application and bond (Sec. 4)

Not granted without notice; exception (Sec. 5)

Distinction between RTC, CA and SC TROsFederation of Land Reform Farmers of the Phils. vs. CA,

246 SCRA 175 (1995)

Dissolution of injunction or TRO (Sec. 6)*Counterbond – person enjoined wll pay all damages which

applicant may suffer by the denial or dissolution of theinjunction or restraining order

Judgment to include damages against party and sureties(Sec. 8)

Same procedure as in Sec. 20, Rule 57When final injunction granted (Sec. 9)

Rule 59Receivership

(Sections 1 to 9)

Receiver definedNormandy vs. Duque, 29 SCRA 385 (1969)

Appointment of receiver (Sec. 1)

Receivership other than that under Rule 58

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1. Receivership in aid of execution of judgment under Rule 39, Sec. 12. Bank receivership

3. Receivership in petitions for insolvency under the Insolvency Law

Notice and hearing required- incumbent upon applicant to present evidence to establish

condition precedent that property is in danger of being lost.removed or materially injured unless a receiver is

appointed to guard and preserve it

Oath and bond of receiver (Secs. 2,4)

Denial of application or discharge of receiver (Sec. 3)1. Upon motion and prior notice, receivership may be

discharged if it shown that his appointment was obtainedwithout sufficient cause;

2. Adverse party files a counterbond – will pay applicant all damages he may suffer by reason of acts, omissions, or other matters specified in the application as ground for

such appointment. (Compare to counter-bond in injunction).

General powers of receiver (Sec. 6)

Judgment to include recovery against sureties (Sec. 9)Same procedure as in Rule 57, Sec. 20

See Rule 58, Sec. 8

Rule 60Replevin

(Sections 1 to 10)

Replevin definedBA Finance Corp. vs. CA, 258 SCRA 102 (1996)

NatureChiao Liong Tan vs. CA, 228 SCRA 75 (1993)

Application (Sec. 1)Affidavit and bond (Sec. 2)

Foreclosure of chattel mortgageNorthern Motors, Inc. vs. Herrera, 49 SCRA 392

(1973)Replevin does not issue against property in custodia

legisOrder to deliver property (Sec. 3)

Where writ may be served (anywhere in the Phils.)Is hearing required? (Compare to preliminary attachment and

preliminary injunction)N.B. Unlike in attachment and injunction which is

usually issued only after hearing, with certain exceptions,order for delivery of personal property as a provisional remedy

is issued ex parte and, given the requisites for its issuance,is granted as a matter of course.

Return of property (Sec. 5)*Counterbond – double the value of the property, for

delivery thereof to the applicant, if such be adjudged, andfor payment of such sum as may be recovered against

the adverse party

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Disposition of property by sheriff (Sec. 6)- property seized not to be delivered immediately to

plaintiff but must retain it in custody for 5days and shall return it to the defendant if the

latter files a counterbond and requires its return- counterbond must be filed within 5 days from

taking of property; period mandatory, so that alower court which approves a counterbond filedbeyond the period acts in excess of jurisdiction

Third party claim (Sec. 7)See Rule 39, Sec. 16; Rule 57, Sec. 14

Judgment to include recovery against sureties (Sec. 10)Same procedure as in Rule 57, Sec. 20

See Rule 58, Sec. 8; Rule 59, Sec. 9

Rule 61Support Pendente Lite

(Sections 1 to 7)

Support during pendency of action for supportPendente lite – pending or during litigation

N.B. Amount of support temporarily fixed bythe court in favor of the persons entitled

thereto during the pendency of the actionfor support

Support pendente lite in other actions1. habeas corpus filed by the mother on behalf

of a minor child against the father, where thefather has recognized the child as his own and

has not been giving him support2. rape cases for the offspring of the accused as a

consequence thereof

Special Civil Actions

Rule 62Interpleader

(Sections 1 to 7)

Interpleader definedBeltran vs. People’s Homesite and Housing Corp.,

29 SCRA 145 (1969)

Rule 63Declaratory Relief and Similar Remedies

(Sections 1 to 6)

Declaratory relief definedBoard of Optometry vs. Colet, 260 SCRA 88 (1996)

Distinguish from interpleaderN.B. Interpleader - filed by person who claimsno interest whatsoever in the subject matter.

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Declaratory relief – party seeking relief has legalinterest in the controversy

When remedy improper – where there is a breach of acontract, or violation of statute or right

Ollada vs. CB, 5 SCRA 297 (1962)

Conversion into ordinary action (Sec. 6)- the parties may then amend their pleadings

accordingly

RTC has exclusive jurisdiction – SC has no jurisdiction over petitions for declaratory relief

Rule 64Review of Judgments and Final Orders or Resolutions of

COMELEC and COA(Sections 1 to 9)

What may be reviewed by the Supreme CourtGarcia vs. CA, 259 SCRA 99 (1996)

Motion for reconsideration of decision of COMELEC Division required; not of COMELEC En Banc

N.B. Sec. 1 (d) of COMELEC Rules of Procedure = no MR of en banc ruling, resolution, order or decision except in election cases.

N.B. MR of COMELEC Division ruling should first be filed with COMELEC En Banc, whose decision may be brought on

certiorari to SC. Exc. when division committed grave abuseof discretion, in which case the aggrieved party may directly

file a petition for certiorari with SC

Rule 65Prohibition and Mandamus

Prohibition (Sec. 2)Nature and purpose

Vergara vs. Rugue, 78 SCRA 312 (1977)

The writ of prohibition does not lie against the exercise of a quasi-legislative functionHoly Spirit Homeowners Association vs. Defensor, G.R. No. 163980, August 3, 2006

Mandamus (Sec. 3)Will not issue to compel a discretionary act

Sharp International Marketing vs. CA, 201 SCRA299 (1991)

Mandamus is available only to compel the doing of an act specifically enjoined by law as a duty

Henares, Jr. vs. Land Transportation Franchising and Regulatory Board, G.R. No. 158290, October 23, 2006

Exception – where there is grave abuse of discretionFirst Philippine Holdings vs. Sandiganbayan, 253

SCRA 30 (1996)

Common requisites (Secs. 5 to 9)1. Verified petition

2. When and where to file petition

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3. Jurisdiction to issue writFortich vs. Corona, 289 SCRA 624 (1998)

4. Who should be respondents5. Contents of petition

6. Non-forum shopping certification

Rule 66Quo Warranto

(Sections 1 to 12)

Definition

Quo warranto and mandamus distinguishedLota vs. CA, 2 SCRA 715 (1961)

Period for filing – within one (1) year from date petitionerousted from his position

Galano vs. Roxas, 67 SCRA 8 (1975)Exception

Cristobal vs. Melchor, 78 SCRA 175 (1977)

Rule 66 of the 1997 Rules of Civil Procedure does not apply to quo warranto cases against persons who usurp an office in a private corporation.Calleja vs. Panday, G.R. No. 168696. February 28, 2006.

Rule 67Expropriation

(Sections 1 to 14)

Distinction between eminent domain and expropriation

Stages of expropriationPeriod to appeal from order of expropriation

Municipality of Binan vs. Garcia, 180 SCRA 576 (1989)

Meaning of just compensationRep. Act No. 8974 mandates immediate payment of the initial just

compensation prior to the issuance of the writ of possession in favor of the Government..

Republic vs. Gingoyon, G.R. No. 166429, December 19, 2005

Motion to dismiss is not permitted in a complaint for expropriation.Masikip vs. City of Pasig, G.R. No. 136349, January 23, 2006

Writ of possessionRepublic vs. Tagle, 299 SCRA 549 (1998)

Rule 68Foreclosure of Real Estate Mortgage

(Sections 1 to 8)

Indispensable and necessary parties in foreclosurecomplaint

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Modes of foreclosure of real estate mortgageJudicial – Rule 68

Extrajudicial – Act No. 3135, as am. by Act No. 4118

Modes of foreclosure of chattel mortgageJudicial – Rule 68; Replevin under Rule 60 may be availed of to secure possession of

property as preliminary to its saleExtrajudicial – Section 14, Act No. 1508

Equity of redemptionLimpin vs. IAC, 166 SCRA 87 (1988)

No right of redemption in judicial foreclosureof real estate mortgage except when allowed by law

Ex. Sec. 47, General Banking Law of 2000(RA 8791)

Right of redemption in extrajudicial foreclosureRosales vs. Yboa, 120 SCRA 869 (1983)

Filing of court action to enforce redemption has effect of preserving redemptioner’s rights and “freezing” expiration of one year period.

Banco Filipino Savings and Mortgage Bank vs. CA,463 SCRA 64

Prescriptive period to file action for deficiency inextrajudicial foreclosure of real estate mortgage

- Ten (10) years (Arts. 1144 and 1142, Civil Code)

Writ of possession is a non-litigious proceeding - no need for notice to adverse partyDe Vera vs. Agloro, 448 SCRA 203 (2005)

Writ of possession is like a writ of execution PNB vs. Sanao Marketing Corp., 465 SCRA 287 (2005)

An action to invalidate the mortgage or the foreclosure sale is not a valid ground to oppose issuance of writ of possession.

Sps. Arquiza vs. Court of Appeals, G.R. No. 160479, June 8, 2005

Rule 69Partition

(Sections 1 to 13)

Partition definedVillamor vs. CA, 162 SCRA 574 (1988)

MTC may have jurisdiction in actions for partitionReal property - P20,000.00/P50,000.00

Personal property – P300,000.00/P400,000.00

Final order decreeing partition and accountingappealable (Sec. 2)

Appeal period – 30 days

Action for partition raises two issues1. whether plaintiff is co-owner of property2. assuming plaintiff is co-owner, how to

divide the property between plaintiff and

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defendant or among the co-owners

Who are indispensable partiesAll the co-owners (Rule 3, Sec. 7)

Who may effect partitionAlejandrino vs. CA, 295 SCRA 536 (1998)

Extrajudicial partition by heirs (Sec. 1, Rule 74)

Partition of personal property (Sec. 13)

Rule 70Forcible Entry and Unlawful Detainer

(Sections 1 to 21)

Distinguish the different actions to recover possession of realproperty

1. forcible entry and unlawful detainer2. accion publiciana

RTC has jurisdiction where cause of dispossession not among grounds for FEUD, or possession lost for more than one year

Natalia Realty vs. CA, 391 SCRA 370 (2002)3. accion reivindicatoria

Encarnacion vs. Amigo, G.R. No. 169793, September 15, 2006The RTC does not have jurisdiction over all cases of recovery of possession

regardless of the value of the property involvedQuinagoran vs. Court of Appeals, G.R. No. 155179. August 24, 2007

Atuel vs. Valdez, June 10, 2003, 403 SCRA 517, 528.

When the complaint fails to aver facts constitutive of forcible entry or unlawful detainerValdez, Jr. vs. Court of Appeals, G.R No. 132424, May 4, 2006

Jurisdiction - Municipal Trial CourtException – estoppel by laches

Velarma vs. CA, 252 SCRA 406 (1996)

Effect of claim of ownership on MTC jurisdictionHilario vs. CA, 260 SCRA 420 (1996)

Cases that do not prejudice ejectment suitWilmon Auto Supply Corp. vs. CA (cited in Hilario)

Forcible entry distinguished from unlawful detainerPrior possession

Forcible entry - requiredUnlawful detainer – not required

Possession by toleranceHeirs of Rafael Magpily vs. De Jesus, 474 SCRA 366 (2005)

When to count one-year periodForcible entry – from actual entry except when there is

stealthOng vs. Parel, 355 SCRA 691 (2001)

Unlawful detainer – from last demand to vacate

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Labastida vs. CA, 287 SCRA 662 (1998)Exception: date of the original demand if the subsequent demands are merely in the

nature of reminders or reiterations of the original demand.Racaza vs. Gozum, 490 SCRA 313 (2006)

Damages that can be recovered - fair rental value or the reasonable compensation for the use and occupation of the leased property..

Dumo vs. Espinas, G.R. No. 141962, January 25, 2006

Summary nature of FEUDSee Rule on Summary Procedure

Judgment immediately executorywhen stayed (Sec. 19)

cannot be stayed (Sec. 21)Ejectment case survives death of defendantVda de Salazar vs. CA, 250 SCRA 305 (1995)

Rule 71Contempt

(Sections 1 to 12)

Contempt defined

Distinction betweenDirect and indirect contemptCriminal and civil contempt

Two ways of initiating indirect contempt proceedings(Sec. 4)

RemediesDirect contempt (Sec. 2)

Indirect contempt (Sec. 11)

Use of falsified and forged documents constitutes indirect contempt not direct contempt

Judge Dolores Espanol vs. Atty. Benjamin Formoso, G.R. No. 150949, June 21, 2007

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