New Snapchat

Atty. Floriza Sales | Remedial Law Review

1

ATENEO DE ZAMBOANGA UNIVERSITY

COLLEGE OF LAW

SYLLABUS ON

REMEDIAL LAW

REVIEW (PART

I) As Prepared

by ATTY.

FLORIZA P.

SALES and

Prescribed for 4th

Year Law

Students


2

I. CIVIL PROCEDURE: Rule 1 and introductory Matters (Rule 2 to 56, 1997 Rules of Civil Procedure)

A. Rule making Power of the Supreme Court - Section 5(5), Art. VIII 1987 Constitution. Extent and Limitations

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.


3

B. Applicability of the Rules of Court in all courts except those as may be provided by the Supreme Court. (Section 1 and 2, Rule 1, 1997 Rules of Civil Procedure),and when not applicable (Section 4)

Section 1. Title of the Rules. These Rule shall be known and cited as the

Rules of Court. (1)

Section 2. In what courts applicable. These Rules shall apply in all the courts,

except as otherwise provided by the Supreme Court. (n)

Section 4. In what case not applicable. These Rules shall not apply to election

cases, land registration, cadastral, naturalization and insolvency

proceedings, and other cases not herein provided for, except by analogy or in a

suppletory character and whenever practicable and convenient. (R143a)

C. Case governed Section 3, Rule 1


4

1) Distinction between:

a) civil and criminal actions; Criminal action- it is an action by which the State prosecutes a person for an act or omission punishable by law. Civil action one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. b) ordinary and special civil action;

Ordinary Civil Action

Special Civil Action

Governed by ordinary rules

Also governed by ordinary rules but SUBJECT to specific rules prescribed. Rules 62 to 71.

Formal demand of ones legal rights in a court

Special features not found in ordinary civil actions.


5

of justice in the manner prescribed by the court for by the law.

c) civil action and special

proceedings.

Action Special Proceedings

To protect or enforce a right or to prevent or redress a wrong.

To establish a status, right or a particular fact.

Initiated by complaint

Initiated by petition

Definite parties Definite petitioner, no definite adverse party.

Answer is filed Opposition is filed.

Handled by court of general jurisdiction

Heard by court of limited jurisdiction

Adversarial Not adversarial


6

Statutes of limitations applies

No statute of limitations

15-day appeal period

30-day appeal period


7

2) Classification of Actions:


8

a) According to

cause/nature/foundation

Real Action Personal Action

Mixed Action

Ownership or possession of real property is involved.

Personal propert is sought to be recovered or where damages for breach of contract are sought.

Both real and personal properties are involved.

Founded on privity of real estate.

Founded on privity of contract.

Founded on both.

Filed in the court where the property or any part

Filed in the court hwere the plaintiff or any of the

The rules on venue of real actions


9

there of is situated.

defendants resides, at the option of the plaintiff.

shall govern.

Ex. Accion reinvidicatoria

Ex. Action for sum of money

Ex. Accion publiciana with a claim for damages.

The distinction is significant in determining the venue of an action.


10

b) According to place where instituted

Local Action Transitory Action Must be brought in a particular place where the subject property is located, unless there is an agreement to the contrary. (Section 4, Rule 4)

Dependent on the place where the party resides regardless of where the cause of action arose subject to Rule 4, Section4.

Ex. Action to recover real property

Ex. Action to recover sum of money

c) According to the object.

Action in Rem

Action in Personam

Action Quasi In Rem

Direct against the thing itself.

Directed against

Directed against


11

particular persona.

particular persons.

Jurisdiction over the person of the defendant is not required.

Jurisdiction over the person of the defendant IS required.

Jurisdiction over the person of the defendant is NOT required as long as jurisdiction over the res is acquired.

A proceeding to determine the state or condition of a thing.

An action to impose a responsibility or liability upon a person directly.

A proceeding to subject the interest of a named defendant over a particular property to an obligation or lien


12

burdening it.

Jdugment is binding on the whole world.

Judgement is binding only upon parties impleaded or their successors in interest.

Judgment binding upon particular persons.

Ex. Probate proceeding; cadastral proceeding

Ex. Action for specific performance; action for breach of contract

Ex. An action for partition action to foreclose real estate mortgage

The distinction is importatnt in determing whether or not jurisdiction over the persons of the defendant is required.


13

D. Commencement of Actions Section 5, Rule 1.

Section 5. Commencement of action. A civil action is commenced by the filing of the original complaint in court. If an additional defendant is impleaded in a

later pleading, the action is commenced with regard to him on the dated of the

filing of such later pleading, irrespective of whether the motion for its admission, if necessary, is denied by the court. (6a)

1) Elements of a valid jurisdiction in

civil cases. How obtained.

1. The filing of the complaint. 2. Payment of Docket Fees


14

2) Distinction between jurisdiction and venue in civil cases

Venue Jurisdiction Place where the action is instituted

Power of the court to hear and decide a case.

Maybe waived. Jurisdiction over the subject matter over the nature of the action is conferred by law and cannot be waived.

Procedural. Substantive.

May be changed by the written agreement of the parties.

Cannot be the subject of the agreement of the parties.

3) Jurisdiction of the Supreme Court, Section 5, Article VIII, 1987 Constitution (concurrent


15

original and exclusive appellate);

Section 5. The Supreme Court shall have the following powers:

1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.


16

b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.

c. All cases in which the jurisdiction of any lower court is in issue.

d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.

e. All cases in which only an error or question of law is involved.

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.

4. Order a change of venue or place of trial to avoid a miscarriage of justice.

5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law,


17

the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

4) Jurisdiction of the Court of Appeals under B.P. 129, as amended by R.A. 7902 (original concurrent, original exclusive and exclusive appellate);


18

"Sec. 9. Jurisdiction. The Court of Appeals shall exercise:

"(1) Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;

"(2) Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts; and

"(3) Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, except those falling within the appellate


19

jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948.

"The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within three (3) months, unless extended by the Chief Justice."

5) Jurisdiction of

SANDIGANBAYAN in civil cases


20

under P.D. 1606, as amended by R.A. 8249 (original concurrent and original exclusive)

Section 4. Section 4 of the same decree is hereby further amended to read as follows: "a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense: "(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade '27' and higher, of the Compensation and Position


21

Classification Act of 1989 (Republic Act No. 6758), specifically including: "(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; "(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads; "(c) Officials of the diplomatic service occupying the position of consul and higher; "(d) Philippine army and air force colonels, naval captains, and all officers of higher rank; "(e) Officers of the Philippine National Police while occupying the position of


22

provincial director and those holding the rank of senior superintendent or higher; "(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor; "(g) Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations; "(2) Members of Congress and officials thereof classified as Grade'27'and up under the Compensation and Position Classification Act of 1989; "(3) Members of the judiciary without prejudice to the provisions of the Constitution; "(4) Chairmen and members of Constitutional Commissions, without


23

prejudice to the provisions of the Constitution; and "(5) All other national and local officials classified as Grade'27'and higher under the Compensation and Position Classification Act of 1989. "b. Other offenses orfelonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office. "c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. "In cases where none of the accused are occupying positions corresponding to salary grade '27' or higher, as prescribed in the said Republic Act No. 6758, or military or PNP officers mentioned above, exclusive original jurisdiction


24

thereof shall be vested in the proper regional trial court, metropolitan trial court, municipal trial court and municipal circuit trial court ' as the case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended. "The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction orof their appellate jurisdiction as herein provided. "The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which


25

may be filed under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court. The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. "In case private individuals are charged as co-principals, accomplices or


26

accessories with the public officers or employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them. "Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided, however, That where the civil action had therefore been filed separately but judgment therein has not yet been


27

rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned."

6) Jurisdiction of the Regional Trial Courts in Civil Cases, under B.P. 129, as amended (original concurrent, original exclusive, exclusive appellate, special jurisdiction).

"Sec. 19. Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive original jurisdiction.

"(1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;

"(2) In all civil actions which involve the title to, or possession of, real


28

property, or any interest therein, where the assessed value of the property involved exceeds Twenty thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts;

"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00);

"(4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds One


29

hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two Hundred thousand pesos (P200,000.00);

"(5) In all actions involving the contract of marriage and marital relations;

"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;

"(7) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and

"(8) In all other cases in which the demand, exclusive of interest,


30

damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."

a) Personal actions, monetary claims and damages

b) Real Actions 1) SPOUSES JORGE J. HUGUETE and YOLANDA B. HUGUETE vs. SPOUSES TEOFEDO AMARILLO EMBUDO and MARITES HUGUETE-EMBUDO, G.R. No. 149554, July 1, 2003

Facts: Spouses Huguete filed for annulment of Title against the Embudo Spouses. Pets alleged that their son-in-law, Teofredo, sold to them a 50 sqm portion of his 150 sqm land in Cebu for


31

15K. Teofredo acquired the lot from Padilla via deed of sale and a TCT has been issued in his name; despite demands Teofredo refused to partition the lot.

Teofedo filed a MTD on ground of lack of jurisdiction, he averred that the land is only 15K and falls within MTC. The RTC dismissed the case. An MR was filed but the same was also denied.

Issues: Is the case under MTC or RTC?

Ruling: In determining whether an action is one the subject matter of which is not capable of pecuniary estimation this Court has adopted the criterion of first ascertaining the nature of the principal action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether the jurisdiction is in the municipal courts or in the courts of first instance would depend on the amount of the claim. However, where the basic issue is something other than the


32

right to recover a sum of money, where the money claim is purely incidental to, or a consequence of, the principal relief sought, this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money, and are cognizable exclusively by courts of first instance (now Regional Trial Courts).

In the case at bar, the principal purpose of petitioners in filing the complaint was to secure title to the 50-square meter portion of the property which they purchased from respondents.

Petitioners cause of action is based on their right as purchaser of the 50-square meter portion of the land from respondents.They pray that they be declared owners of the property sold. Thus, their complaint involved title to real property or any interest therein. The alleged value of the land which they purchased was P15,000.00, which was within the jurisdiction of


33

Municipal Trial Court. The annulment of the deed of sale between Ma. Lourdes Villaber-Padillo and respondents, as well as of TCT No. 99694, were prayed for in the complaint because they were necessary before the lot may be partitioned and the 50-square meter portion subject thereof may be conveyed to petitioners.

Petitioners argument that the present action is one incapable of pecuniary estimation considering that it is for annulment of deed of sale and partition is not well-taken. As stated above, the nature of an action is not determined by what is stated in the caption of the complaint but by the allegations of the complaint and the reliefs prayed for. Where, as in this case, the ultimate objective of the plaintiffs is to obtain title to real property, it should be filed in the proper court having jurisdiction over the assessed value of the property subject thereof.


34

WHEREFORE, in view of the foregoing, the instant petition for review is DENIED. The Order dated June 27, 2001 of the Regional Trial Court of Cebu City, Branch 7, dismissing Civil Case No. CEB-24925, and its Order dated July 26, 2001 denying petitioners Motion for Reconsideration, are AFFIRMED.

c) Actions not capable of pecuniary estimation Test for determining whether subject is not capable of pecuniary estimation. (Russel vs. Vestil, 304 SCRA 738; Copioso vs. Copioso, 391 SCRA 325). Facts: Petitioners discovered a public document, which is a declaration of heirs and deed of confirmation of a previous oral agreement, of partition, affecting the land executed by and among the respondents whereby respondents divided the property among themselves


35

to the exclusion of petitioners who are entitled thereto as legal heirs also. Petitioners filed a complaint, denominated DECLARATION OF NULLITY AND PARTITION against defendants with the RTC claiming that the document was false and perjurious as the private respondents were not the only heirs and that no oral partition of the property whatsoever had been made between the heirs. The complaint prayed that the document be declared null and void and an order be issued to partition the land among all the heirs. Private respondents filed a Motion to Dismiss the complaint on the ground of lack of jurisdiction over the nature of the case as the total assessed value of the subject land is P5,000.00 which under section 33 (3) of Batas Pambansa Blg. 129, as amended by R.A. No. 7691, falls within the exclusive jurisdiction of the MTC.


36

Petitioners filed an Opposition to the Motion to Dismiss saying that the RTC has jurisdiction over the case since the action is one which is incapable of pecuniary estimation within the contemplation of Section 19(l) of B.P. 129, as amended. Issue: WON the RTC has jurisdiction over the nature of the civil case. Held: Yes. The complaint filed before the Regional Trial Court is one incapable of pecuniary estimation and therefore within the jurisdiction of said court. In Singsong vs. Isabela Sawmill, the Supreme Court ruled that: In determining whether an action is one the subject matter of which is not capable of pecuniary estimation this Court has adopted the criterion of first ascertaining the nature of the principal


37

action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the municipal courts or in the courts of first instance would depend on the amount of the claim. However, where the basic issue is something other than the right to recover a sum of money, where the money claim is purely incidental to, or a consequence of, the principal relief sought, this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money, and are cognizable exclusively by courts of first instance (now Regional Trial Courts). The main purpose of petitioners in filing the complaint is to declare null and void the document in question. While the complaint also prays for the partition of the property, this is just incidental to the main action, which is the declaration of


38

nullity of the document above-described. It is axiomatic that jurisdiction over the subject matter of a case is conferred by law and is determined by the allegations in the complaint and the character of the relief sought, irrespective of whether the plaintiff is entitled to all or some of the claims asserted therein. d) Mijares, et al vs. Ranada, et al., G.R. No. 139325, April 12, 2005 Facts: May 9 1991: a complaint was filed by ten Filipino citizens representing a class of 10,000 members who each alleged having suffered human rights abuses such as arbitrary detention, torture and rape in the hands of police or military forces during the Marcos regime with the United States District Court (US District Court), District of Hawaii, against the Estate of former Philippine President Ferdinand E. Marcos (Marcos Estate) US District Court and Affirmed by US CA: awarded them $1,964,005,859.90


39

Petitioners filed Complaint with Makati RTC for the enforcement of the Final Judgment Marcos Estate filed a motion to dismiss, raising, among others, the non-payment of the correct filing fees paying only P410 Petitioners claimed that an action for the enforcement of a foreign judgment is not capable of pecuniary estimation RTC: estimated the proper amount of filing fees was approximately P472 and dismissing the case without prejudice Petition for Certiorari under Rule 65 Issue: W/N the enforcement of a foreign judgment is incapable of pecuniary estimation Held: NO. (But belongs to "other actions not involving property") petition is GRANTED. There is an evident distinction between a foreign judgment in an action in rem and one in personam. For an action in rem,


40

the foreign judgment is deemed conclusive upon the title to the thing, while in an action in personam, the foreign judgment is presumptive, and not conclusive, of a right as between the parties and their successors in interest by a subsequent title. However, in both cases, the foreign judgment is susceptible to impeachment in our local courts on the grounds of want of jurisdiction or notice to the party, collusion, fraud, or clear mistake of law or fact. Thus, the party aggrieved by the foreign judgment is entitled to defend against the enforcement of such decision in the local forum. It is essential that there should be an opportunity to challenge the foreign judgment, in order for the court in this jurisdiction to properly determine its efficacy even if such judgment has conclusive effect as in the case of in rem actions, if only for the purpose of allowing the losing party an opportunity to challenge the foreign judgment.


41

Consequently, the party attacking a foreign judgment has the burden of overcoming the presumption of its validity. Absent perhaps a statutory grant of jurisdiction to a quasi-judicial body, the claim for enforcement of judgment must be brought before the regular courts. There are distinctions, nuanced but discernible, between the cause of action arising from the enforcement of a foreign judgment, and that arising from the facts or allegations that occasioned the foreign judgment. They may pertain to the same set of facts, but there is an essential difference in the right-duty correlatives that are sought to be vindicated. Extensive litigation is thus conducted on the facts, and from there the right to and amount of damages are assessed. On the other hand, in an action to enforce a foreign judgment, the matter left for proof is the foreign judgment itself, and not the facts from which it prescinds.


42

As stated in Section 48, Rule 39, the actionable issues are generally restricted to a review of jurisdiction of the foreign court, the service of personal notice, collusion, fraud, or mistake of fact or law. The limitations on review is in consonance with a strong and pervasive policy in all legal systems to limit repetitive litigation on claims and issues. Otherwise known as the policy of preclusion, it seeks to protect party expectations resulting from previous litigation, to safeguard against the harassment of defendants, to insure that the task of courts not be increased by never-ending litigation of the same disputes, and in a larger sense to promote what Lord Coke in the Ferrer's Case of 1599 stated to be the goal of all law: "rest and quietness." If every judgment of a foreign court were reviewable on the merits, the plaintiff would be forced back on his/her original cause of action, rendering immaterial the previously concluded litigation.


43

Marcos Estate cites Singsong v. Isabela Sawmill and Raymundo v. Court of Appeals: In determining whether an action is one the subject matter of which is not capable of pecuniary estimation this Court has adopted the criterion of first ascertaining the nature of the principal action or remedy sought. If it is primarily for the recovery of a sum of money, the claim is considered capable of pecuniary estimation, and whether jurisdiction is in the municipal courts or in the courts of first instance would depend on the amount of the claim. However, where the basic issue is something other than the right to recover a sum of money, where the money claim is purely incidental to, or a consequence of, the principal relief sought, this Court has considered such actions as cases where the subject of the litigation may not be estimated in terms of money, and are


44

cognizable exclusively by courts of first instance (now Regional Trial Courts). An examination of Section 19(6), B.P. 129 reveals that the instant complaint for enforcement of a foreign judgment, even if capable of pecuniary estimation, would fall under the jurisdiction of the Regional Trial Courts. The complaint to enforce the US District Court judgment is one capable of pecuniary estimation. But at the same time, it is also an action based on judgment against an estate, thus placing it beyond the ambit of Section 7(a) of Rule 141. It is covered by Section 7(b)(3), involving as it does, "other actions not involving property." The petitioners thus paid the correct amount of filing fees, and it was a grave abuse of discretion for respondent judge to have applied instead a clearly inapplicable rule and dismissed the complaint.


45

7) Jurisdiction of the Metropolitan Trial Courts (MeTC), Municipal Trial Courts (MTC) and Municipal Trial Courts (MTC) in civil cases pursuant to B.P. 129, as amended by R.A. 7691 (exclusive original, delegated and special jurisdiction).

"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in Civil Cases. Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise: "(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed One hundred thousand pesos


46

(P100,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions; "(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That


47

when, in such cases, the defendant raises the questions of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and "(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be


48

determined by the assessed value of the adjacent lots." 8) What vests upon the court

jurisdiction over the case, Payment of Docket Fees (Manchester Development Corporation vs. CA, 149 SCRA 562; Sun Insurance Office Ltd. (SIOL) vs. Asuncion, 170 SCRA 275).

9) Section 6, Rule 1 Construction Liberal construction in order to promote their objective of securing a just, speedy and inexpensive disposition of every action or proceeding. (Ismael Santos, et. al. vs. CA, Pepsi, et. al., G.R. No. 141947, July 5, 2001)

In Bank of the Philippine Islands vs. Dando, G.R. No. 177456, September 4, 2009, the Supreme Court, held that:

There are reasons justifying the courts to suspend strict adherence to the procedural rules such as, (a) matters of life, liberty, honor or


49

property; (b) existence of special or compelling circumstances; (c) the merits of the case; (d) a cause not entirely attributable to the fault or negligence of the party favored by the suspension of the rules; (e) lack of any showing that it is merely frivolous or dilatory; and (f) the fact that the other party will not be prejudiced thereby. In the case of Land Bank of the Philippines

vs. Celada, 479 SCRA 495, 502, the Supreme Court even applied the principle of liberality of the rules of procedure and not to dismiss the case on technical grounds just because the counsel for petitioner failed to indicate his Roll of Attorneys number which is even more important as it indicates if counsel is a member of the court or not, when It held that:

x x x On the other hand, the failure of counsel to indicate his Roll


50

of Attorneys number would not affect respondents substantive rights, such that petitioners counsel could have been directed to comply with the latter requirement rather than dismiss the petition on purely technical grounds. x x x Moreover, we have held time and again that cases should, as much as possible, be determined on the merits after the parties have been given full opportunity to ventilate their causes and defenses, rather than on technicality or some procedural imperfection. After all, technical rules of procedure are not ends in themselves but are primarily devised to help in the proper and expedient dispensation of justice. In appropriate cases, therefore, the rules may be construed liberally in order to meet and advance the cause of substantial justice. (citing Al-Amanah


51

Islamic Investment Bank of the Philippines vs. Celebrity Travel and Tours, Inc., 436 SCRA 356). PART II. CIVIL ACTIONS

A. ORDINARY CIVIL ACTIONS (Rule 2 to 56) Rule 2 Cause of Action must be based on the sources of obligation Sections 1 and 2 Basis of every ordinary civil action; cause of action; definition, elements, distinction between right of action and cause of action, illustrations. (IMELDA RELUCIO vs. ANGELINA MEJIA LOPEZ, G.R. No. 138497, January 16, 2002; PHILIPPINE CROP INSURANCE CORPORATION vs. Court of Appeals, et. al., G.R. No. 169558, September 29, 2008; HEIRS OF GREGORIO LICAROS; namely, CONCEPCION B. LICAROS and ABELARDO B. LICAROS


52

vs.SANDIGANBAYAN and REPUBLIC OF THE PHILIPPINES, G.R. No. 157438, October 18, 2004; Evangelista vs. Santiago, 457 SCRA 744). Sections 3 and 4 One suit for a single cause of action, effect of splitting a single cause of action, the filing of one or judgment on the merits to any one shall be a ground for the dismissal of the other. (litis pendentia or res judicata. Sections 5 and 6 Joinder of causes of action and misjoinder of causes of action; conditions to effect a valid joinder of causes of action; effects of misjoinder. Rule 3 Parties to Civil Action - 1) Section 1 Who may be parties ( plaintiff and defendant) 2) Section 2 Parties in Interest Real party in interest


53

3) Kinds of Parties: - requisites (Sections 3 to 21)

a) Representative parties b) Spouses c) Minors or incompetent persons d) Permissive parties e) Indispensable parties (Lozano vs.

Ballesteros, 195 SCRA 681). f) Necessary parties g) Class suit h) Alternative defendants i) Unknown defendants j) Entity without juridical entity k) Indigent party

4) What is the effect if : there is non-joinder of necessary parties; co-plaintiff is unwilling to join the other plaintiffs; there is mis-joinder or non-joinder of parties. (Sections 9, 10 and 11). 5) Section 16 Duty of counsel when a party dies


54

5) Sections 17, 18 and 19 Effect when a party who is a public officer dies or separated from the service; becomes incompetent or incapacitated, or there is a transfer of interest during the pendency of the action. 6) Section 20 Effect if defendant dies in an action based on contractual money claims (recovery of a sum of money based on contract, express or implied) Actions that survive and actions which do not survive or extinguished by the death of the defendant.. 6) Notice to the Solicitor General (Section 22). Rule 4 - Venue of Actions -

1) Real Actions (Section 1) 2) Personal Actions (Section 2)


55

3) Venue of non-resident defendants an the actions affects the personal status of the plaintiff or any property of said defendant located in the Philippines. (Section 3) 4) Exceptions when not applicable (Section 4) a) where the specific rule or law provides

otherwise; b) agreement based on words of

exclusivity (BERNOLI P. ARQUERO vs. HONORABLE NAPOLEON J. FLOJO, G.R. No. L-68111 December 20, 1988).

Rule 5 Uniform Procedure in Trial Courts; exceptions (Section 1) PROCEDURE IN REGIONAL TRIAL COURTS Rule 6 Kinds of Pleadings


56

1) Section 1 and 2 Definition of pleadings and pleadings allowed. 2) Kinds of Pleadings: Sections 3 to 13 a) Complaint definition; distinction

between ultimate and evidentiary facts b) Answer and kinds of defenses:

(1) negative (2) affirmative (3) distinction between specific

and general denials c) Counterclaims: Compulsory and

Permissive (Alday vs. FGU Insurance Corp., G.R. No. 138822, January 23, 2001). docket fees for counterclaims

d) Cross-claim e) Reply f) Third (Fourth, etc) Party-Complaint

and its answer

3) Section 12 Bringing in new parties.


57

Rule 7 Parts of a Pleading Sections 1 to 5 a) Caption b) Body c) Signature and address d) Verification e) Certification against forum shopping

Purpose of the Rule; what constitutes forum-shopping; test of forum shopping; sanctions against forum shopping; effects of non-compliance;

f) Certificate of non-forum shopping should be signed by the party, not by the counsel ( Far Eastern Shipping Co. vs. Court of Appeals, 297 SCRA 30; Five Star Bus Co., Inc. vs. Court of Appeals, 313 SCRA 367).

g) compulsory counterclaim does not

require certificate against forum-shopping (Sto. Tomas University Hospital vs. Surla, 294 SCRA 382; Estherlita


58

Cruz-Agana vs. Santiago-Lagman, et. al., G.R. 139018; April 11, 2005).

h) Signature of one spouse substantial

compliance (Dar vs. Alonzo-Leganto, 339 SCRA 326).

(THE EXECUTIVE SECRETARY vs. GORDON, G.R. No. 134171 November 18, 1998; SAMAHAN NG MGA MANGGAGAWA SA SAMMA-LAKAS SA INDUSTRIYA NG KAPATIRANG HALIGI NG ALYANSA (SAMMA-LIKHA) vs. SAMMA CORPORATION, G.R. No. 167141, March 13, 2009; MARANAW HOTELS AND RESORT CORP. vs. COURT OF APPEALS, SHERYL OABEL AND MANILA RESOURCE DEVELOPMENT CORP., G.R. No. 149660, January 20, 2009).

i) Loreta Torres, et. al vs. Specialized Packaging Dev. Corp., G.R. 149634, July 6, 2004.


59

Rule 8 Manner of Making Allegations in Pleadings Sections 1 to 12

a) Section 1 - In general what shall a pleading contain in methodical and logical form a plain, concise and direct statement of the ultimate facts of which the party pleading relies his claim or defense; omitting evidentiary facts.

If a defense is based on law, the pertinent provisions and their applicability shall be clearly and concisely stated.

b) Sections 2 to 6, and 9. How to allege alternative causes of action or defenses; conditions precedent, capacity, fraud, mistake, conditions of the mind; judgment, official document or act.


60

c) Sections 7 and 8 actionable document, how to allege and how to contest genuineness and due execution.

d) Sections 10, 11 and 12 How to

make specific denials; effect if allegations are not specifically denied; Striking out of pleading or matter contained therein.

Rule 9 Effect of Failure to Plead

a) Effect of defenses or objections not raised in a motion to dismiss or answer (Section 1);

b) Effect of compulsory

counterclaim or crossclaim not set up (Section 2);

c) Declaration of default; effect of

order of default; remedy to lift default order; requisites for the lifting of order of default; effect of


61

partial relief; extent of relief awarded; where no defaults allowed (Section 3).

Rule 10 Amended and Supplemental Pleadings

a) Amendments in general, how amendments are made Section 1

b) Distinction between Amendment as a matter of right and amendment as a matter of discretion or with leave of court (Sections 2 and 3);

- After the defendant has appeared by virtue of a summons, and presented a motion to dismiss, he may be served with the amended complaint, without need of another summons and in the same form and manner that ordinary motions or papers are served. (Gumabay vs. Baralin, 77 SCRA 258; Pan-Asiatic Travel Corp. vs. Court of Appeals, 164 SCRA 623; De Dios vs. Court of Appeals, 212 SCRA 519).


62

c) Distinction between formal and substantial amendments (Section 4)

d) Amendment to conform to the evidence or authorize presentation of evidence and Supplemental pleadings (Sections 5 and 6)

e) Filing and effect of amended pleading (Sections 7 and 8).

Rule 11 When to file Responsive Pleadings

a) Answer to ordinary complaint, of the defendant foreign, or private juridical entity; to amended complaint; answer to counterclaim; answer to third (fourth etc) complaint; answer to supplemental complaint. Sections 1 to 5; and 7

b) Reply when to file Section 6 c) Existing counterclaim or

crossclaim; that which matures after answer; omitted counterclaim or cross-claim (Sections 8 to 10).

d) Extension of time to plead Section 11.


63

Rule 12 Bill of Particulars

a) When applied for and purpose (Section 1)

b) Effect of denied/granted and if not complied (Sections 2 to 4).

c) Stay of period to file responsive pleading and nature of bill of particulars when filed. (Sections 5 and 6).

Rule 13 Filing and Service of Pleadings, Judgments and other papers.

a) Coverage, Distinction between filing and service; manner of filing, personal or by mail; what papers are required to be filed and served (Sections 1 to 4);

b) Modes of service personal or by mail (Sections 5 to 8)

(1) personal service


64

(2) service by mail (3) substituted service

c) Service of judgments, final orders, resolutions personal or by mail (Section 9)

d) When is service completed:

personal and service by mail (Section 10)

e) Priorities in the modes of service

Section 11

f) Proof of filing and proof or service Sections 12 and 13

g) Notice of lis pendens (Section 14)

Rule 14 Summons

a) Who will issue summons; what are its contents; who will serve summons and return; alias summons (Sections 1 to 5).


65

b) Personal service and substituted service of summons (Sections 6 and 7).

(BIENVENIDO EJERCITO and JOSE MARTINEZ vs. M.R. VARGAS CONSTRUCTION, BRION, MARCIAL R. VARGAS, Sole Owner, RENATO AGARAO, G.R. No. 172595, April 10, 2008; FORTUNATO GOMEZ and AURORA GOMEZ vs. COURT OF APPEALS, ADOLFO TROCINO and MARIANO TROCINO, G.R. No. 127692 , March 10, 2004) c) How service made on the

following defendants: (Sections 8 to 17).

(1) entity without juridical entity; (2) prisoners; (3) minors and incompetents; (4) domestic private juridical

entity;


66

(5) service upon foreign private juridical entity (doing business in the Phil)

(6) Service upon public corporations

(7) Service upon unknown defendant

(8) Extraterritorial service defendant does not reside and is not found in the Phil., and the actions affects the personal status of the plaintiff, or relates to, or the subject of which, property within the Phil. In which the defendant has or claims a lien or interest; or which the relief demanded consists in excluding the defendant from any interest therein; or the property of the defendant has been attached within the Phil.; or residents temporarily out of the Phil. (with leave of court)

(9) Proof or service personal or substituted and service by publication (Section 18 and 19).


67

(10) Voluntary Appearance (Section 20).

Rule 15 Motions

a) What are motions; forms of motions; contents (Sections 1 to 3)

b) Mandatory Requisites in filing motions (Sections 4 to 5)

Sections 4 and 5, Rule 15 of the 1997

Rules of Civil Procedure are mandatory provisions, and they should not just be ignored. As provided in said rule:

SEC. 4. Hearing of motion.- Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written motion shall be set for hearing by the applicant. Every written motion required to be heard and the notice of the hearing thereof shall be served in such a


68

manner as to ensure its receipt by the other party at least three (3) days before the date of the hearing, unless the court sets the hearing on shorter notice. Sec. 5. Notice of hearing. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion.

Thus, in many cases, the Supreme Court has ruled that a motion that does not contain a notice of hearing is but a mere scrap of paper. If filed in court it should be disregarded and ignored, and is not entitled to judicial cognizance. It is not even a motion for it does not comply with the rules, and hence, the clerk has no right to receive it. (Goldloop Properties, Inc. vs. CA, 212 SCRA 498, 504; Traders Royal Bank vs.


69

CA, 208 SCRA 199, 205; Prado vs. Veridiano II, 204 SCRA 654, 666).

A motion which does not meet the

requirement of Sections 4 and 5, Rule 15 is considered a worthless piece of paper which the clerk has no right to receive and the court has no authority to act upon (Cruz vs. CA, 388 SCRA 72, 80).

In Casalla vs. People, 391 SCRA 344,

348, the Supreme Court held:

We have ruled in a number of cases that the requirements laid down in the Rules of Court, that the notice of hearing shall be directed to the parties concerned and shall state the time and place for the hearing of the motion, are mandatory. If not religiously complied with, they render the motion pro forma. As such the motion is useless piece of paper that


70

will not toll the running of the prescriptive period.

Likewise, in the case of Jehan Shipping Corporation vs. National Food Authority, 477 SCRA 781, the Supreme Court held:

This Court has indeed held time and time again that, under Section 4 and 5 of Rule 15 of the Rules of Court, mandatory is the notice requirement in a motion, which is rendered defective by failure to comply with the requirement. As a rule, a motion without a notice of hearing is considered pro forma and does not affect the reglementary period for the appeal or the filing of the requisite pleading. As an integral component of procedural due process, the three-day notice requirement by the Rules is not intended for the benefit of the movant. The test is the presence of


71

the opportunity to be heard, as well as to have time to study the motion and meaningfully oppose or controvert the grounds upon which it is based. The requirement is for the purpose of avoiding surprises that may be sprung upon the adverse party, who must be given time to study and meet the arguments in the motion before a resolution by the court. Principle of natural justice demand that the right of a party should not be affected without giving it an opportunity to be heard. (See Juan vs. People, 322 SCRA 125; Tan vs. Court of Appeals, 295 SCRA 755; Neri vs. De la Pea, 457 SCRA 538; Community Rural Bank of Guimba, Inc. vs. Talavera, 455 SCRA 34; Gonzales vs. Balikatan Kilusang Bayan sa Panalalapi, Inc. 454 SCRA 111).


72

c) Proof of service required; motion day; omnibus motion; motion for leave (Sections 6 to 9)

Rule 16 Motion to Dismiss

a) Grounds of motion to dismiss (a) to (j)

b) Hearing of motion; resolution of motion, effects if denied and time to plead, effects if granted (Sections 2 to 5).

c) Pleading grounds of a motion to dismiss as affirmative defense (Section 6).

Rule 17 Dismissal of Actions a) Dismissal at the instance of Plaintiff (Sections 1 and 2)

1) with notice and effects of dismissal

2) upon motion and effects of dismissal


73

b) Dismissal due to fault of plaintiff and its effects (Section 3) c) Dismissal of counterclaim, cross claim or third party complaint (Section 4) Rule 18 Pre-trial

a) When conducted; nature and purpose; notice of pre-trial; appearance of parties; effect of failure to appear (Sections 1 to 5);

b) Pre-trial Brief and Record of Pre-trial (Sections 6 and 7).

Rule 19 Intervention a) Who may intervene; time to intervene; pleadings in-intervention; answer to complaint-in-intervention (Sections 1 to 4) Rule 20 Calendar of Cases

a) Calendar and Assignment of cases (Sections 1 and 2)


74

Rule 21 Subpoena

a) Distinction between subpoena and subpoena duces tecum; by whom issued; form and contents (Sections 1 to 3);

b) Quashing a subpoena; subpoena for deposition; service; personal appearance in court; compelling attendance; sanctions as contempt and exceptions (Sections 4 to 10).

Rule 22 Computation of Time

a) How to compute time; effect of interruption (Sections 1 to 2).

MODES OF DISCOVERY Rule 23 to Rule 29 (Virata vs. Sandiganbayan, G.R. No. 114331; May 27, 1997). Rule 23 Deposition Pending Action


75

a) When taken with leave after jurisdiction over the defendant has been obtained; without leave if jurisdiction over defendant has not been obtained yet; scope of examination (Sections 1 and 2); Distinction between deposition upon oral examination and deposition upon written interrogatories (Sections 15 and 25). b) Use of depositions (Section 4). 1) by any party for impeachment purposes 2) deposition of a party or of any one who was an officer, director or a managing agent of a public or private corporation or association which is a party may be used by the adverse party for any purpose; 3) deposition of a witness whether or not a party who is dead, more than 100 km distance from the place4 of trial or hearing or is out of the Phil., unable to attend or testify by reason of age,


76

sickness, infirmity or imprisonment, etc. may be used by any party for any purposes.

b) Objections to Admissibility; effects of taking and using deposition (Sections 6, 7 and 8); c) Persons before whom deposition is taken within the Phil. And in foreign countries; distinction between commission and letters rogatory (Sections 10, 11 and 12). d) Notice of filing and furnishing copies; failure to attend of party giving notice; failure of party giving notice to serve subpoena; orders for the protection of parties and deponents; effect of errors and irregularities. (Sections 21 to 29). Rule 24 Depositions before Action or Pending Appeal


77

a) Deposition before action when and how filed; contents of petition, notice and service, order and examination, reference to court and use of deposition (Sections 1 to 6);

b) Deposition pending appeal (perpetuation of testimony) Section 7.

Rule 25 Interrogatories to Parties

a) Distinction between deposition through written interrogatories and interrogatories to parties;

b) When filed with or without leave of court, with leave of court after jurisdiction over the defendant has been acquired. (Section 1)

c) Answer to interrogatories,

Objections, Number, scope and use of interrogatories; effect of failure to serve written interrogatories. (Sections 2 to 6).


78

Rule 26 Admission By Adverse Party

a) Request for admission to be filed at any time after issues have been joined, without need of leave of court (Section 1);

b) Effect if failed to serve within 15

days or as the court may direct, a sworn statement of admission or denial or set forth why he could not deny or admit; and objections thereto. (Section 2);

c) Effect of admission; withdrawal of

admission; effect of failure to file and serve a request for admission. (Sections 3 to 5).

d) In Laada vs. CA, G.R. No. 102390; Nestle Phil., Inc. vs. CA, G.R. No. 102404, February 1, 2002 May the counsel of a party for whom a written request for admission is addressed under Section 1,


79

Rule 26 answer such request for his client? Yes. d)

Rule 27 Production or Inspection of Documents or Things

a) when to file always with leave of court by way of motion; scope (Section 1);

Rule 28 Physical and Mental Examination of Persons

a) When may be ordered in an action in which the mental or physical condition of party is in controversy; always with leave of court. (Section 1).

b) Order of examination; report of

findings; waiver of privilege. Rule 29 Refusal to Comply with Modes of Discovery


80

a) Sanctions on refusal to answer (Section 1);

b) Contempt and other consequences (Sections 2 and 3);

c) Expenses on refusal to admit; failure of party to attend or serve answers; expenses against the Republic of the Phil.(Sections 4 to 6).

Rule 30 Trial

a) Notice of trial, adjournments and postponements (Sections 1 and 2);

b) Requisites of motion to postpone for absence of evidence; or illness of party or counsel (Sections 3 and 4);

c) Order of trial (Section 5); d) Agreed statement of facts;

Statement of Judge; Suspension of actions; and judge to receive evidence; delegation to clerk of court (Sections 6 to 9).

Rule 31 Consolidation or Severance


81

a) Distinction between consolidation and severance; consolidation and permissive joinder of parties (Sections 1 and 2).

Rule 32 Trial by Commissioners

a) Reference may be ordered only upon consent of both parties, and with motion (Sections 1 and 2);

b) Order of reference and powers of

the commissioner; oath , proceedings, report of commissioner, notice to parties of the filing of repot; Hearing upon Report; stipulations as to findings, compensarion (Sections 3 to 13).

Rule 33 Demurrer to Evidence

a) When filed, who will file, grounds, requisites, effect if denied or granted (Section 1)


82

b) Distinction between demurrer to evidence in civil case and criminal cases.

Rule 34 Judgment on the Pleadings

a) When filed, who will file, grounds, requisites, effect if denied or granted (Section 1).

b) Distinction between motion to dismiss and motion for judgment on the pleadings;

Rule 35 Summary Judgments

a) When filed, who will file, grounds for filing, requisites, effect if denied or granted (Sections 1 and 2);

b) Motion to be served at least ten

(10) days from hearing (Section 3)


83

c) Distinction among judgment by default, judgment on the pleadings and summary judgment.

d) Case not fully adjudicated on

motion (Section 4);

e) Form and contents of Affidavit and effect of affidavit in bad faith. (Sections 5 and 6).

Rule 36 Judgments, Final Orders and Entry Thereof

a) Rendition of judgments and final orders; requisites, parts of a judgment (Section 1)

b) Distinction between final order and final and executory order; Entry of Judgments and Final Orders (Section 2)

c) Kinds of judgments:

1) judgment for one or against one or more of several parties (Section 3);


84

3) Several judgments (Section 4);

4) Separate judgments (Section 5)

5) Judgment against entity without juridical personality (Section 6)

6) Distinction between judgment upon compromise and judgment by confession.

Rule 37 New Trial or Reconsideration

a) Motion for New Trial who will file; when to file, grounds for filing (Section 1)

b) Motion for Reconsideration who will file; when to file and grounds for filing (Section 1)

c) Contents and notice of hearing of motion for new trial or reconsideration; requisites, Affidavit of merit if based on FAME (Section 2).

d) Second motion for new trial - not existing nor available when the first


85

motion was filed; no second motion for reconsideration. (Section 3).

e) Effect of granting of motion for new trial (Section 4)

f) Partial new trial or reconsideration; effect of order for partial new trial (Section 5)

g) Effect if motion for new trial or reconsideration is denied; remedy (Section 6).

Rule 38 Relief From Judgments, Orders or Other Proceedings

a) Petition for Relief from judgment, order or other proceedings; who will file; when to file; grounds for filing, requisites, contents (Sections 1 and 3).

b) Petition for Relief from denial of appeal (Section 2).

c) Order to file an answer (Section 4) d) Preliminary Injunction pending

proceedings (Section 5) e) Proceedings after answer is filed

(Section 6)


86

f) Procedure where the denial of an appeal is set aside (Section 7).

Rule 39 Execution, Satisfaction and Effect of Judgments

a) Distinction Execution as a matter of right and execution as a matter of discretion; who to file, when to file, subject, grounds, requisites, contents (Sections 1 and 2).

b) How to stay discretionary

execution or execution pending appeal, requisites; distinguished from Section 19, Rule 70); judgment not stayed by appeal (injunction, receivership, accounting and support); effect of reversal of executed judgment on appeal or otherwise (Sections 3, 4 and 5)

c) Execution by motion or by

independent action (Section 6)


87

d) Execution in case of death of party (Section 7)

e) Issuance, form and contents of a

writ of execution (Section 8)

f) How to execute:

1) Money Judgment 2) Judgments for specific acts 3) Special judgments

g) Effect of levy on execution as to third person and proceedings where property claimed by third person; third party claim (Sections 12 and 16);

h) Property exempt from execution; return of writ of execution (Sections13 and 14)

i) Notice of sale of property on execution; penalty for selling without notice; effect on sale if judgment and costs are paid; how property sold on execution; who may direct and manner of sale; effect if purchaser fails


88

to pay; effect if judgment obligee is the purchaser; adjournment of sale (Sections 15, 17, 18,19, 20, 21 and 22).

j) How conveyance made on: personal property capable of manual delivery; personal property not capable of manual delivery; real property; requisites; certificate of sale if claimed by third person (Sections 23, 24, 25 and 26).

k) Who are qualified to redeem; time and manner of, amounts payable on, successive redemptions; notice; effect of redemption by judgment obligor; proof required of redemptioner; who is entitled to use the property pending redemption; waste restrained; who is entitled to rents, earnings, income pending redemption; deed and possession to be given at expiration of redemption period (Sections 27 to 33).

l) Recovery of price if sale not effective; right to contribution or reimbursement (Sections 34 and 35);


89

m) Examinations of judgment obligor (Sections 36 to 43);

n) Entry of Satisfaction of judgment, obligation of surety and judgment obligor (Sections 44 to 46);

o) Effect of judgments or final orders (Section 47)

p) Effect of foreign judgments or final orders (Section 48).

Rule 40 Appeal from Municipal Trial Courts to the Regional Trial Courts

a) mode of appeal, where to appeal, who may appeal, period, grounds, requisites; effect of appeal (Sections 1 to 9)

Rule 41 Appeal from the Regional Trial Courts

a) Subject of appeal (A.M. 07-7-12-S.C. deleted paragraph a of Section 1)

b) Fresh Period Rule (Neypes vs. CA)


90

c) Modes of appeal (Section 2); ordinary appeal, petition for review; appeal by certiorari or petition for review on certiorari

d) Period of ordinary appeal (fresh period rule) Section 3

e) Notice of appeal, docket fee, record on appeal when required and its approval, joint record on appeal (Sections 4 to 8).

f) Effect of Perfection of appeal, duty of clerk of court upon perfection of appeal; transcript, transmittal, dismissal of appeal (Sections 9 to 13).

Rule 42 Petition for Review From the Regional Trial Courts to the Court of Appeals

a) Petition for Review, how appeal taken or mode of appeal, parties, nature of petition, when to file; form and contents; requisites, effect of failure to comply (Sections 1 to 3).


91

b) Action on the petition, contents of comments due course, elevation of records, perfection of appeal, submission for decision (Sections 4 to 9).

c) Rule 43 Appeals from the Court of Tax Appeals and Quasi-Judicial Agencies to the Court of Appeals a) Petition for Review, scope, cases not covered, parties, where to file, when to file, manner of filing, requisites, contents of petition; effect of failure to comply with requirements (Sections 1 to 7). c) Action on petition; comment, transmittal of record, effect of appeal, submission for decision (Sections 8 to 13) Rule 44 Procedure in the Court of Appeals Ordinary Appealed Cases - a) Title of cases ; counsel and guardians, order of transmittal of records, docketing;


92

completion and dispensing of records (Sections 1 to 6) d) Appellants Brief, Appellees Brief, Appellants Reply Brief (Sections 7 to 14) d) Questions that may be raised on appeal with the Court of Appeals (Section 15). Rule 45 Appeal by Certiorari to the Supreme Court a) Who will file, where to file, period of Filing, nature, parties, grounds, requisites, contents, questions that may be raised, distinguished from Rule 65 (Sections 1 to 6). Rule 46 Original Cases a) What cases applicable petitions for certiorari, prohibition, mandamus (Rule 65); Quo warranto (Sections 1 to 7), where to file, when, nature, requisites, form and contents, etc. (Sections 1 to 7).


93

Rule 47 Annulment of Judgments, Final Orders or Resolutions a) Coverage, nature, where to file, when to file, grounds for filing, parties, requisites, contents, action by the court, effect of judgment, suspension of prescriptive period, relief available. (Sections 1 to 9). b) Annulment of Judgments or Final Orders of Municipal Trial Courts (Section 10). Rule 48 Preliminary Conference Rule 49 Oral Argument Rule 50 Dismissal of Appeal Rule 51 Judgment Rule 52 Motion for Reconsideration Rule 53 New Trial


94

Rule 54 Internal Business Rule 55 Publication of Judgments and Final Resolutions Rule 56 Procedure in the Supreme Court II. PROVISIONAL REMEDIES (Rule 57 to 61, 1997 Rules of Civil Procedure). Rule 57 Preliminary Attachment Rule 58 Preliminary Injunction Rule 59 Receivership Rule 60 Replevin Rule 61 Support Pendente Lite III. SPECIAL CIVIL ACTIONS (Rule 62 to 71). Rule 62 Interpleader Rule 63 Declaratory Relief and Similar Remedies


95

Rule 64 Review of Judgments and Final Orders or Resolutions of the COMELEC and the COA. Rule 65 Certiorari, Prohibition and Mandamus Rule 66 Quo Warranto Rule 67 Expropriation Rule 68 Foreclosure of Mortgage Rule 69 Partition Rule 70 Forcible Entry and Unlawful Detainer Rule 71 Contempt Note: Part II of Remedial Law Review for the 2nd Sem shall cover Rule 72 to 109 on Special Proceedings, Rule 110 to 127 for Criminal Procedure and Rule 128 to 133 for Evidence. By: ATTY. FLORIZA P. SALES


96

Professor 13 May 2015