Transcripts of Civil Procedure 1

8/13/2019 Transcripts of Civil Procedure 1

1/85

TRANSCRIPTION OF DEAN MONTECLAR ON CIVIL LAW

Civil procedure is part of the broader subject called remedial law.

Remedial law is that branch of law that deals with the study of the procedures to be observed in the enforcement of aright in court.

You have a right and when your right is violated, you go to court. When you go to court, what will u do there? You willhave to enforce your right. How will you enforce your right? hat is where procedural law will come in.

Remedial law is basically a procedural law.

!aws can be classified into procedural and substantive law. " substantive law is a law that creates or defines a right. #fyour right is violated, you have to see$ redress of grievances from the court. You have to enforce your right.

When you go to court, you must follow certain procedures. hat is what we now call as procedural law.

he procedural laws of the %hilippines are basically found in the rules of court. &ot all procedural laws are found inthe rules of court. 'ven substantive laws contain some procedural law. !i$e the civil code of the %hilippines, which is

a substantive law, or the R%C, which is also a substantive law. 'ven these laws contain some procedural law.

'(ample, the family code of the %hilippines, the law on persons and family relations. Cases under the family codemust be tried under the rules of summary procedure. "nd there)s a chapter there that deals with the rules onsummary procedures. hat chapter in the family code is already a procedural law. #t is only that *+ of theprocedural laws are found in the rules of court.

- / of all procedural laws are found in the rules of court. hat is why the study of remedial law is concentrated inthe rules of court.

Who drafted or enacted the Rules of Court (ROC !he R+C is enacted by the 0%R'*' C+0R . he R+C has the force and effect of a law.

Does "t #ean that the Su$re#e Court has the $o%er to #a&e la%s!&o. he C is not ma$ing laws. hey are ma$ing procedures. What they are doing is ma$ing the rules on procedures.#t has the effect of law. "ccording to the C, it)s not really a law. +nly the effect of a law.

The $o%er of the SC to #a&e rules are conta"ned and found "n the const"tut"on "tself' &o less that the 1-23constitution provides that the C has the rule ma$ing power. #t has the power to ma$e rules on procedures in thepractice of law. #ncluded in the power of the C is even to determine who will become the members of the bar. Whowill become lawyers, who will apply these laws.

Civil procedure is just part of the R+C or the Remedial law.

The ROC co ers the follo%"n) su*+ect #atters,

1. civil procedure4. special proceedings5. criminal procedure6. law on evidence

C" "l $rocedure "s further d" "ded "nto -'1. ordinary civil actions 7rule 189:;2. provisional remedies 7rule 938:1;3. special civil actions 7rule :4831;


2/85

Civil procedure in ordinary civil actions 8 rules to be observed in an ordinary civil case.

'(amples of special civil actions

'(amples of provisional remedies < injunction, replevin, etc. these are remedies available to you while the case ispending.

What are s$ec"al $roceed"n)s! special proceedings 7rule 3481 -;

hese refer to the settlement of estates. !i$e when someone dies, inheritance, testate or intestate proceedings, li$ehow to settle the estate of a diseased person.

Criminal procedures is covered under rule 11 8143'vidence is rule 1428154"fter that is already legal ethics.

#n ordinary civil actions, you learn all the basic rules in procedural laws.

The rule #a&"n) $o%er of the SC. %h"ch "s #an"fested */ the enact#ent of the ROC "s $ro "ded for */ theconst"tut"on' 0ut the const"tut"on "tself $ro "des for so#e l"#"tat"ons "n the rule #a&"n) $o%er of the SC'

What are these l"#"tat"ons!1. he rules shall be uniform for all courts of the same grade4. he R+C shall not diminish, increase or modify substantive rights

ubstantive rights are created by law made by the %hilippine congress.

+nce a rule is laid down, it should be applied uniformly to all courts of the same grade. !i$e when you say to * Cs, itshould be applied to all * Cs.

o in the of the R+C, we cannot avoid dealing much about the courts. #t is in the courts where we apply the rules.

1o% /ou def"ne a court!" court is an entity or body vested with judicial power. @udicial power is the power to hear and decide a case. hearmeans to determine the evidences presented by both parties, and try to determine which one is telling the truth. hatis the purpose of a hearing. "fter the hearing, after the court determines what the truth is, the court will now applythe law to the facts as determine by the court.

Inherent $o%ers of the court < Rule 159, section 9he most prominent one is that the court has the power to enforce its judgment. #t should have the power to enforce

its judgment even f the law is silent on how it should enforce its judgment. he court should enforce the judgment inwhatever way it feels is the best way to enforce its judgment.

#n one case, "" filed a case for a road right of way. "" won the case. he case "" filed is for the annotation of the rightof way in the title of the land. When "" bought the property from the AA, it was subject to an easement of a right ofway that will pass through the land of AA. !ater on, a building was constructed on the land. o "" cannot passthrough the land anymore. When "" tried to chec$ on the title, the annotation was surreptitiously removed by AA. onow, "" filed a case for the reannotation of his right of way in the title of AA. C finally decided "" is entitled to theright of way. When "" wanted to enforce his right, he found that his right of way is bloc$ed by a building. o the courtissued an order for the demolition of the building. he lawyers of AA said that the lawyer of "" is already goingoutside of the decision for the decision merely said that the right of way of "" will be reannotated on the title. "nd ithas already been reannotated. 88888 C has time and again said that when the court has the jurisdiction to issue theorder and the jurisdiction to decide the case and the decision of the court has already become final and e(ecutory, ithas the power to do whatever it wants to see to it that the order will be enforced. +therwise, if the court has nopower to enforce its order, it will just be li$e and inutile. #t will be useless.


3/85

When the court has the +ur"sd"ct"on or $o%er to dec"de the case. "t has the "nherent $o%er to enforce thedesc"s"on' It "s $art of the "nherent $o%er of the court'

D"fferent &"nds of class"f"cat"ons of the courts,1. superior court as distinguished from an inferior court.4. court of original jurisdiction as distinguished from court of appellate jurisdiction5. court of general jurisdiction as distinguished from a court of limited jurisdiction6. constitutional court and statutory courts9. courts of law and courts of e=uity

su$er"or court as d"st"n)u"shed fro# an "nfer"or court before, the concept of inferior court refers only to municipal courts. *unicipal courts are called inferior courts. But,now the modern view, is that all courts e(cept the C can be a superior court and an inferior court at the same time.When you say an inferior court of a C, you must view the position of the court in relation to other courts. '(ample,R C in inferior to the C" but R C is superior to the * C. C" is an inferior court when compared with the C. o it theinferior or superior position of the court depends on the position of the court in relation to the other courts.

But the * C is at all times inferior. here is no such thing as a barangay court. he * C is a 1 st level court.

court of or")"nal +ur"sd"ct"onfiled in the court as an original action where case first filed

court of a$$ellate +ur"sd"ct"onmeans that the case was thrown to that court on appeal. *eaning that it originated in a lower court and the case isappealed in the higher court.

court of )eneral +ur"sd"ct"one(ample is the R C. he R C has a very broad jurisdiction.

Court of l"#"ted +ur"sd"ct"one(ample is the * C. +nly small cases can be filed here.

1o% "t %as created, const"tut"onal court and statutor/ courtsconstitutional court < if created by the constitution+&!Y the upreme Court

statutory courts < if created by law enacted by congressC", R C, andiganbayan and * C

he andiganbayan is a C+& # 0 #+&"!!Y MANDATED court but not a C+& # 0 #+&"!!Y CREATED court.

he constitution onl/ says that there shall be an anti graft court to be called andiganbayan to be created by law.%eriod. &othing more. You can)t find in the constitution the composition, powers and the function of the

andiganbayan. he andiganbayan was created by a statute law.

What "s the "#$ortance of &no%"n) that "t "s a const"tut"onall/ created court or a statutor"l/ created court!#f it is a constitutional court, it cannot be abolished anytime. You can)t abolish it without as$ing the permission of thepeople. here must be an amendment of the constitution before it can be abolished.

#f it is a statutory court, it can be abolished anytime by Congress. #t is created by congress so they can abolish itanytime. hey can ta$e away some powers or functions of a statutory court. hey can add powers or jurisdiction to astatutory court.

The su$re#e court. s"nce "s created */ the const"tut"on. "s co2e3ual %"th the con)ress and the $res"dent'


4/85

courts of la% and courts of e3u"t/our courts are B+ H a court of law and a court of e=uity. When you say e=uity, the case is decided not based on anylaw but on e=uity. hey just apply the rule on e=uity. What they believe is fair and reasonable.

But when you say court of law, you have to decide based on the law.

+ur courts decide based on e=uity when there is no law. '=uity follows the law. When the law is silent, the court willstill have to decide.

Fr' Dan4s 5uest"on, Can the sand")an*a/an *e a*ol"shed */ the Con)ress !Dean)s "nswerE the Congress can only replace and modify the structure and power. &ot abolish because theconstitution provides that there should be an anti8graft court.

The courts funct"on on the *as"s of +ur"sd"ct"on' The court cannot $roceed or tr/ the case "f "t does not ha e+ur"sd"ct"on .

What "s +ur"sd"ct"on!@urisdiction is derived from 4 latin terms FjurisG and FdicoG law to spea$ to spea$ by authority of the law

he authority to try and decide a case hat authority to hear and decide a case emanates from the law, e(cept the C,whose power is conferred by the constitution.

he court has the authority under the law to entertain that particular case.

Error of +ur"sd"ct"on s Error of +ud)#ent

When the court does not have jurisdiction to try the case, the entire proceeding conducted by the court is null andvoid. But when the court has jurisdiction to try the case and the court committed and error in the e(ercise of thatjurisdiction, the error committed by the court does not render the entire proceeding as null and void. he remedy ofthat party is to appeal that decision to the higher court.

Error of +ur"sd"ct"on < the court entertain the case despite the fact that it does not have jurisdiction to try the case

Error of +ud)#ent < the court has the jurisdiction to try the case and it tried the case but it committed an erroralong the way li$e it misappreciated the evidence presented by the parties. he judge made a mista$e.

Wh/ "#$ortant to #a&e the d"st"nct"on!o $now what remedy to apply.

'rror of jurisdiction < aggrieved party can =uestion it by way of certiorari 7petition of certiorari under rule :9; Can file certiorari only when there is grave abuse of discretion amounting to lac$ or e(cess of jurisdiction

'rror of judgment < aggrieved party can file an ordinary appeal 7rule 69;

Author"t/ )" en */ la% "s to the court and not to the +ud)e'he court is permanent. he judge is not. 7the judge may die, resign or be changed;. When the court grants that

particular jurisdiction to that particular court, the judge sitting in the court hearing the case, cannot bring the casewhen he is transferred to another court. he jurisdiction is not to him but the court itself.

What are the d"fferent t/$es of +ur"sd"ct"on!1. general or limited special4. original or appellate5. e(clusive or concurrent 6. delegated

E6clus" e < that particular case should be filed only in that particular court and not in any other court. hat court has


5/85

the e(clusive jurisdiction over the case.

'(ampleE ejectment cases 7unlawful dentainer or forcible entry cases; falls under e(clusive jurisdiction of the * C,regardless of the amount involved

"nnulment of the decision f the R C falls under the e(clusive jurisdiction of the C".

*eaning only this court can hear and try this case to the e(clusion of the other courts

Concurrent < can be tried in any court 7in court ", B or C;'(. special civil action for Habeas Corpus, *andamus, prohibition, =uo warranto or certiorariYou can file these in the R C, C" or C

Dele)ated +ur"sd"ct"on < the power belongs to a particular court but the power is delegated by law to another courtbut only in e(ceptional circumstances. !i$e cadastral cases. hey belong to R C but under B% 14-, it can be delegatedto * C when it is uncontested or even when contested the amount falls below %1 , .

Venue s 7ur"sd"ct"on

< refers to the %!"C' where the case is to be tried@ < refers to the "0 H+R# Y of the court to hear and decide a case

< a matter of procedural law@8 a matter of a substantive law

< can be fi(ed by the agreement of the parties@ < fi(ed by law

< establishes the relationship between the parties@ < establishes the relationship between the court and the subject matter

< just a place@ < is vested and conferred by law

'(ample. You want to file a case. You file a case for collection of sum of money for the amount of %1*. assuming thatyou and the defendant is a resident of Cebu. Which court has jurisdiction? R C has jurisdiction where the amounte(ceeds %5 $ or %6 $ if in *etro *anila.. here are many R Cs all over the %hilippines. Can you file it in the R C indavao? #locos? awi8tawi? &o. where to file it is now a matter of venue. he place where the case will have to be tried.Considering that both parties are from Cebu, the case will have to be filed in Cebu. You cant file it in R C outside cebu.

@urisdiction is conferred and fi(ed by law. enue however can be changed by the agreement of the parties to acontract. 7Rule 6;

Ele#ents of 7ur"sd"ct"on (Re3u"s"tes1. @urisdiction over the subject matter4. @urisdiction over the parties5. @urisdiction over the issues6. @urisdiction over the res

7ur"sd"ct"on o er the su*+ect #atterHow ac=uired? By virtue of the conferment of the jurisdiction by law. he law determines whether the court hasjurisdiction over the subject matter. Ienerally, the jurisdiction of the court is determined by the allegations in thecomplaint. +n the basis of the allegations in the complaint, you will $now whether the court has jurisdiction vis8J8viswhat the law provides. he law granting jurisdiction to this particular court. he jurisdiction over the subject matteris conferred by law and &' 'R ac=uired by agreement or consent of the parties unli$e venue. "s a rule, jurisdictioncannot be conferred by silence just because the other party did not object to the complaint.


6/85

Kor e(ample, #f the plaintiff files a complaint and by reading it, it is clear that the court has no jurisdiction over thesubject matter, then the defendant did not do anything li$e file a motion to dismiss. he defendant just $ept silent. #tdoes not mean that the court has eventually ac=uired jurisdiction over the case.

#f the court does not have jurisdiction, then it does not have the jurisdiction to proceed with the trial of the case.@urisdiction as a rule cannot be waived. he court can even moto proprio dismiss the case if it finds that it does nothave jurisdiction. When the court does not have jurisdiction, the issue can even be raised even for the first timeduring appeal. *eaning that if the defendant fails to =uestion the jurisdiction of the court, it can still =uestion thejurisdiction even for the first time on appeal. E6ce$t in one case where the $r"nc"$le of esto$$el */ laches wasapplied.

I.R. when the court does not have jurisdiction to try the case, the entire proceeding in the court is null and void. "ndthe defendant can =uestion of jurisdiction at any time during the trial of the case. 'ven if the case has already beenterminated. Because lac$ of jurisdiction is a defense that cannot be waived.

'(ceptionE the court applied a new doctrine called the estoppel by laches. #f the defendant did not =uestion thejurisdiction of the court for an 0&R'" +&"B!' !'&I H +K #*', such that he would be considered to have beensleeping on the time, then he loses the right to =uestion the jurisdiction of the court.

#@"* vs #B+&IH"&+Yhe plaintiff filed a case in the wrong court, one which does not have jurisdiction. #t was a collection case for a sum of

money for the amount of %1,- . it was wrongfully filed in the CK# 7R C now;. #t should have been filed in the * C.he defendant did not =uestion the jurisdiction of the CK#. the defendant and his lawyer participated in the trial of

the case in the CK#. he defendant lost the case. He filed a motion for reconsideration which was denied by the CK#.Defendant filed an appeal to the C". the case stayed in the C" for many years until the C" finally decided in favor ofthe plaintiff. he defendant filed a motion for reconsideration. #magine how many years have lapsed from the timethe original case was filed. %ending the motion for reconsideration, it was only then the lawyer of the defendantrealiLed that the original court has no jurisdiction. #t was only then the lawyer of the defendant raised the =uestion ofjurisdiction while the case has already been decided by the C". and it was then already pending there by a motion forreconsideration. he C said that it will not allow this stale claim. he defendant was apparently sleeping on his right.He is guilty of laches 7half brother of prescription8 with specific period of time;

!aches was not applied in relation to the issue of jurisdiction. 1e %as esto$$ed to 3uest"on the +ur"sd"ct"on of thecourt *ecause of laches . You were sleeping on your right. !aches is failure to bring the issue for an unreasonableamount of time.

his does not mean that if the defendant failed to =uestion the jurisdiction in the trial court, the defendant in notnoticing it, or not =uestioning the jurisdiction, does not mean that he can)t =uestion the jurisdiction by the time hefiled the case in the C". But by the time he appeals, he immediately noticed that the R C does not have jurisdiction.He can still raise the issue of jurisdiction for the first time on appeal. he ijam case is only an e(ception to thegeneral rule. "n unreasonable length of time has already passed in that case.

@urisdiction over the subject matter is determined by the allegations in the complaint. &ot the allegations in theanswer. '(cept in one case when the allegations in the complaint was for a breach of contract, " filed a complainagainst B. in the answer of B, it appears that the contract is not an ordinary contract. #t)s more of a contract ofemployment. Here the !abor Code will apply. #f it is discovered that the relationship is that of an employer8employeerelationship, then the case will become a labor case and should not be filed in the R C. #t does not have tojurisdiction.

#n another case, the plaintiff filed an ejectment case against the defendant plaintiff is the owner the land beingoccupied by the defendant. Defendant said that the plaintiff has not been paying rent for a long time. But the courtfinds that the relationship of the parties are not that of an ordinary relationship of a landlord and tenant. herelationship was governed by the tenancy law. he defendant is not an ordinary tenant, but an agricultural tenantbecause he tills the land of the plaintiff and he should be given a share. #t should be filed in D"R"B. he * C does not


7/85

have jurisdiction to try the case.

D"R"B < =uasi8judicial court to handle all cases that involve the agricultural tenant and land lord

herefore although the allegations of the complaint states that it involves and ordinary ejectment case but if thecourt finds from the answer that there is an agricultural tenant relationship involved, then the * C does not havejurisdiction.

hese two cases are e(ceptions from the general rule. he allegations in the complaint may be disregarded if thereare sufficient evidence that the court does not have jurisdiction to entertain that particular case.

7ur"sd"ct"on o er the $art"es%artiesE plaintiff and defendant

@urisdiction over the person of the plaintiff < from the time moment the complaint is filed in court

@urisdiction over the person of the defendant < from the time moment the defendant receives the summons'(ceptionE if he voluntarily submits himself to the jurisdiction of the court '(ampleE signing a compromise agreement and submitting it to the court 7ur"sd"ct"on o er the "ssuesDetermined by the allegations in the %!'"D#&I submitted by both parties to the court for consideration. &ot only thecomplaint. When you say pleading, it includes the answer.

@oining of the issues < when there is already a complaint and an answer especially if the plaintiff already filed a replyto the answer. he court will declare that the issues are already joined. he court can determine what issues need tobe resolved.

7ur"sd"ct"on o er the resRes means property. he court ac=uires jurisdiction over the res the moment the court ta$es control over theproperty which is the subject matter of the case.

@urisdiction over the res is ac=uired the moment by actual or constructive seiLure by the court of the thing in=uestion or the subject matter of the case and placing it in custodia legis. Done either by attachment or garnishment.

If the court has ac3u"red +ur"sd"ct"on o er the res. "t can also ac3u"re +ur"sd"ct"on o er the $erson of thedefendant e en "f su##ons %as not ser ed'

here are cases where the court has not ac=uired jurisdiction over the person of the defendant because it is difficultto serve summons on him. But if the court can ac=uire jurisdiction over the res, the court can proceed with the trial ofthe case.

#f the defendant is outside the country or cannot be located and difficult to send summons but the property in=uestion 7subject matter; of the case is located here in the %hilippines, and the court can ac=uire jurisdiction over theproperty, then the court can proceed with the case.

Here you can attach the property. #t is now in custodia legis. he court has already ac=uired jurisdiction over the res.

Class"f"cat"on of courts

Regional Courts vs pecial Courts

Regional courts are the C, C", R C and * C

pecial courts are the C ", B and other courts. 7li$e the =uasi bodies;

Su$re#e Court Highest court of the land he court of the last resort this is the Ffinal reviewerG of the decisions of the lower court.


8/85

+riginal jurisdiction < case can be filed directly in the C as an original actionec 9 "rt 2 of consti E over all cases involving ambassadors, consuls and other public ministers and also over special

civil actions involving petitions for certiorari 7rule :9;, prohibition, mandamus, =uo warranto, habeas corpus andothers. hese cases can be filed directly in the C.

"ppellate jurisdictionWay of certiorari under rule 69 < appeal from C" to C

"rt 2 sec 9 the C has the power to review, revise, reverse, modify, alter or affirm on appeal or by certiorari as the lawor the rules of court may provide, final judgments and orders emanating from the lower courts

"ll cases involving the constitutionality or validity of the law, treaty, ordinance, presidential orders or regulations arein =uestion.

"ll cases involving the legality of any ta( impost, assessments or polls any penalty imposed in relation thereof.

"ll cases in which the jurisdiction of the lower court is in issue.

"ll criminal cases in which the penalty imposed is reclusion perpetua or higher.

#n all cases where an error or =uestion of law is involved.

+nly cases involving =uestion of law should be elevated to the C 7this is the general rule;

Review decisions of lower courts.

5uest"on of fact #nvolve the calibration of evidence presented by the parties during the trial in order to merit out the truth

o determining who is telling the truth

5uest"on of la%%resupposes that the =uestion of fact is already settled what the court is as$ed to decide is what law to be applied tothese set of facts.

#f you raise a =uestion of fact in the C, the C normally generally will dismiss the case unless it feels that it willentertain that =uestion.

ection - "rticle 3E the supreme court shall have the power to review decisions of the 5 constitutional commissions7C+", C C and C+*'!'C;

he 5 constitutional commissions are vested with =uasi judicial power < they can decide cases falling under itsjurisdiction

You can appeal the decisions of these constitutional commissions directly to the upreme Court. You don)t have to goto the C" or R C. he reason is that these 5 constitutional commissions are at par with the C" in so far as ran$ing isconcerned. #t will be absurd if you will appeal the decision of the 5 constitutional commissions to the C" becausethey are of the same ran$. However under R" 3- 4, the C" was vested with the power to review the decisions of theC C and the CB"" 7central board of assessment appeals;. hus the decisions of the C C are appealable to the C". Youdon)t go directly to the C.

Decisions of the C+" and C+*'!'C, they can be appealed directly to the C.

he C shall be the sole judge of all contests involving the election of the president and vice president of the%hilippines.

he C shall have the power to review the sufficiency of the factual basis of the declaration of the martial law or the


9/85

suspension of the privilege of the writ of habeas corpus.

"side from these judicial powers 7power to decide the case;, the court has the administrative power. his is thepower of the C to supervise and administer all other courts in the %hils. #t has the power to assign temporarilyjudges of lower courts to other stations as public interest may re=uire.

he C the power to change the venue or the place of the trial to avoid the miscarriage of justice.

he C has the power to promulgate rules and regulations in the practice of law and in the admission to the bar.

he C has the power to appoint all officials and employees of the judiciary in accordance with the civil service law.

Const"tut"onal l"#"tat"ons of the +ud"c"al $o%er"lthough the congress has the power to create lower courts aside from the C, and that power to create a new court,carries with it the power to define, prescribe and apportion the jurisdiction of the various courts, it also includes thepower to abolish the courts but the congress can)t abolish the C because it is not created by congress.

Congress can)t limit or curtail the power of the C because the power of the C is provided for by the constitution.

Congress cannot pass a law that will increase the jurisdiction of the C or that would add more responsibility orfunction of the C without the consent of the C. here should be prior consent of the C.

he ombudsman act law was created and it provided there that the decisions of the ombudsman would be directlyappealed to the C w o passing through the C". Congress didn)t get prior consent. o C said, the decision of theombudsman should first be appealed to the C".

CO8RT OF APPEALS

0r"ef 1"stor/,Court of "ppeals created pursuant to old Rules of Court of 1-6 . his was revised in 1-:6 and it is called the RevisedRules of Court. he C" is ne(t in ran$ to the upreme Court. #t was originally created pursuant to @udiciaryReorganiLation "ct of 1-6 but later on changed by B% 14-, otherwise $nown as @udiciary ReorganiLation "ct of1-2 . #n B% 14-, the C" was abolished and in lieu thereof, a new court was created named the #ntermediate "ppellateCourt. he composition of the #"C under B% 14- was 1 %residing @ustice and 6- "ssociate @ustice totalling 9members. he 9 was divided into 1 divisions with 9 members for every division. !ater on, B% 14- was amended by'+ 55, which recreated the Court of "ppeals. !ater on, '+ 55 was amended by R" 246: which e(panded thecomposition of the C". 0nder '+ 55, the membership in C" was increased by 1 justice totalling 91 justices dividedinto 13 divisions with 5 members each division. 0nder R" 246:, the composition of the C" was increased from 91 to:- justices. #t was divided into 45 divisions with 5 justices each division. he original 13 divisions were retained in*anila. 12, 1-, and 4 divisions are assigned in Cebu. 41, 44, and 45 divisions are assigned in Cagayan de +ro.Divisions 12, 1-, and 4 in Cebu e(ercise appellate jurisdiction over decisions of trial courts in entire isayas, whilethe 5 divisions in Cagayan de +ro are responsible for the entire *indanao.

7ur"sd"ct"on,1. Or")"nal, petitions for certiorari, prohibition, mandamus, =uo warranto, habeas corpus rule :9 which is

special civil action these cases can also be filed in C and the R C these cases under rule :9 falls underconcurrent jurisdiction of the three courts which is C, C", and R C so they are original but concurrentjurisdiction

2. E6clus" e, annulment for judgment of R C3. A$$ellate, e(clusive appellate jurisdiction over all final judgments, decisions, resolutions, orders, or

awards of R C and =uasi8judicial agencies, instrumentalities or bodies, boards or commissions including'C, C, 'CC, C C, etc. 7rule 65;

R" 246:E it depends on which part of the country you are then appeal decisions of R C to the corresponding C" inthat area


10/85

How do you appeal the decision of the R C to the C"?#t depends on what $ind of decision was rendered by the R C.#f it is in the e(ercise of the original jurisdiction of R C, then appeal the decision by ordinary appeal, by mere noticeof appeal.#f the decision is in the e(ercise of the R C appellate jurisdiction, that decision emanated from * C then appealed toR C, then the mode of appeal to C" is called petition for review under rule 64.

5uas"2+ud"c"al *od"es, agencies or departments of the government that is vested by law with a =uasi8judicial power,has the power to hear, conduct a hearing and decide the case'(ampleE H!0RB entertains cases such as cases against developer of a condominium for not complying withproviding amenities. H!0RB is an agency under the e(ecutive branch of government, but they are given certainpowers similar to that of a court. hat is why they are called =uasi8judicial.

Kollowing the principle of hierarchy of courts, decisions of =uasi8judicial bodies are appealable first to the C" and notdirectly to the C.

he only way to appeal directly to the C is if the decision is from C+*'!'C or the C+**# #+& +& "0D# .Decisions of C# #! 'R #C' C+**# #+& are no longer appealable directly to the C. #t is appealable to the C".

#f you read the Constitution, it says that decisions of the three constitutional commissions shall be appealed to theupreme Court, unless otherwise provided by law. hus, Congress has authority to enact a law to change this. 0nder

R" 246:, Congress removed power from C to have direct review of decisions of Civil ervice Commission. hey mustbe first appealed to C".

#n light of decision of C in the case of t. *artin)s Kuneral Homes vs &!RC, the C held that you do not appeal thedecisions of the ecretary of D+!' and the &!RC directly to C but must first be appealed to C" in the observance ofthe principle of the hierarchy of courts.Decisions of &!RC shall be appealed to C" by way of certiorari under rule :9.#f still not happy with the C" decision, elevate to the C by way of certiorari under rule 69.Krom &!RC, to C" via rule :9. Krom C", to C via rule 69.Certiorari under rule :9 is based on lac$ of jurisdiction or grave abuse of discretion amounting to lac$ of or e(cess ofjurisdiction. Certiorari under rule 69 where you only raise pure =uestions of law, not of facts.

RE9IONAL TRIAL CO8RTS

#n B% 14-, the %hilippines was divided into 15 judicial regions. 'ach region shall have one R C, with so manybranches. o, there are 15 R C, but several branches

"s of now, all over Central isayas, there are no less than 9 R C branches.

7ur"sd"ct"on,:' E6clus" e Or")"nal,

a. all civil action where subject matter is not capable of pecuniary estimationi.e. action for specific performance, annulment of contract 7subject matter of case cannot be =uantifiedinto how much in terms of money;

b. all civil action which involve title to or possession of a real property or an interest therein, e(cept actionsfor forcible entry and unlawful detainer which must be filed with * C#f value e(ceeds %4 , then R C. #f value is %4 , or less then * C.#n actions for =uieting of title, this is an action which involves title or possession of real property. hus,loo$ at the value of the property. #f e(ceeds %4 , , file it with R C. #f %4 , or less, file it with R C.#n ejectment cases 7forcible entry and unlawful detainer;, file it with * C regardless of the value of theproperty to be recovered.

c. all civil actions in admiralty and maritime jurisdiction where the demand or claim e(ceeds %1 , or in*etro *anila e(ceeding %4 , 7note that this jurisdictional limit has been amended;

his involves carriage of goods by sea act, or any case involving ships or vessels.R" 3:-1E jurisdictional limit for R C shall be increased 9 years after 7approved 1--6; from %1 , to%4 , . #n *etro *anila, from %4 , to %6 . . his is effective in year 1---. 9 years after 1---


11/85

74 6;, jurisdictional limit of R C outside *etro *anila shall be increased further by %1 , .hus, jurisdictional limit for outside *etro *anila is %5 , and in *etro *anila is %6 , .

* C can now try and decide admiralty and maritime cases if amount is %5 , and below.d. all matters of probate, both testate and intestate proceedings where gross value of estate e(ceeds

%5 , .#f value e(ceeds %5 , , then R C. #f value is %5 , and below, then * C.

e. all actions involving contract of marriage or marital relations 7transferred to family courts;f. all cases not within the e(clusive jurisdiction of any court, tribunal, person or body e(ercising judicial or

=uasi8judicial functiong. all cases falling before in the jurisdiction of the C"R 7handles agrarian cases; and the @DRC 7@uvenile

Domestic Relation Court predecessor of family courts;hese are removed from R C.

Kamily Court was created pursuant to R" 25:-, and the D"RR"B was created pursuant to R" ::93.#n agrarian cases, R C jurisdiction is limited to determination of just compensation in case ofe(propriation of land under C"R% or criminal cases filed in violated of C"R%.

h. all other cases in which the demand, e(clusive of interest or damages, where value e(ceeds %5 , ,then venue is R C.

2. E6clus" e A$$ellate, ec 1-, B% 14- decisions from * C appealed to R C3. Concurrent, petitions for certiorari, prohibition, mandamus, =uo warranto, habeas corpus are cases in

concurrence with C" and C cases involving ambassadors, public ministers, consuls are cases in

concurrence with C

R8LE :

R' #'WEReal act"on < one affecting title to or possession of a real property or any interest thereinPersonal act"on < action that is founded on the privity of contract 7i.e. action for sum of money, =uasi8delict,recovery of personal property;M"6ed act"on Accord"n) to %here "t "s )o"n) to *e f"led,

ransitory < action can be filed in place of plaintiff or defendant at the option of plaintiff 7i.e. personal action;!ocal action < action that should be filed in the place where property subject matter of controversy is located 7i.e. real

action, should be filed in the place where the real property is located;his classification is based on venue.

Another class"f"cat"on,"ction in personam < judgment of court binds only parties or their successors8in8interest "ction in rem < decision of court binds the whole world"ction =uasi in rem < personal action but has the effect of binding the whole world 7i.e. foreclosure of mortgage,when # foreclose a mortgage this is only supposed to bind the two parties so it is personal, but once mortgage isforeclosed and sold on public auction, buyer of property has right against the whole world so the effect is in rem."lthough it is personal but the effect is in rem. o, it is =uasi8rem;&oteE here are many instances where a real action can also be an action in personam, or a personal action can alsobe an action in rem."n action to recover a parcel of land is a real action, but the decision of court in this case binds only parties in this

case. #t is a real action but the effect is an action in personam."n action for annulment of marriage is a personal action because it is based on privity of contract, but the effect ofthe decision of the court binds the whole world. o it is a personal action but the effect is it is an action in rem,binding to the whole world.

Distinction between an ordinary civil action and a special proceedingE%E person see$s to establish a status, right, or particular fact

+C"E one sues another to enforce his right enforcement or protection of a right or the prevention or redress of awrong

"n action is commenced by filing of complaint in court.


12/85

" complaint is filed either by personal delivery or by mailing 7registered mail or ordinary mail;C held that it is not enough that you file a complaint in court that an action is considered commenced. #t is the

payment of the doc$et fees that is important. he payment of the doc$et fees and other lawful fees commences theaction.*anchested Devt Corp vs C"

un #nsurance +ffice vs C"Da$ay vs R C of agum

Rule on interpretation of Rules of CourtERules of Court shall be liberally construed but there are provisions that must be construed strictly such as rulespertaining to observance of reglementary period to file a pleading because that is necessary for speedy disposition ofcases.

R8LE ;

"bout cause of action.

Rule 1 in civil action is that every civil action must be based on a valid cause of action. You cannot file a complaint ifthere is no cause of action. here must be a cause of action that will support your complaint.

Cause of act"on < an act or omission by which a party violates the right of another refers to the act committed by thedefendant which violates your right in layman)s terms, it is the reason why you filed the case what act has hecommitted that gives rise to a cause of action, a reason for you to go to court because your right is violated by thedefendant through the commission of an act or an omissionEle#ents,1. right of the plaintiff 4. correlative obligation of defendant 5. act or omission committed by defendant which violated right of plaintiff 6. damageDamnum "bs=ue #njuria < there is no damage if there is no injury there must be damage because if there is nodamage then how can you file a complaint or a case

Cause of act"on < act or omission of the defendant which gives rise to an actionR")ht of act"on < right given by law to an injured party to bring that action in court for the recovery of damages,protection of his right, prevention or redress of a wrongEle#ents,

1. alid cause of action4. %laintiff must have performed all the conditions precedent to the filing of the action

refers to condition precedent meaning if law or rules provides that you must have to do this actbefore you bring the action then you have to do it otherwise you have no cause of actioni.e. in the case of $atarungan barangay, if the plaintiff and defendant resides in the same barangay,no cause of action will accrue if they don)t pass through the lupong tagapamayapa, you have to passthrough barangay court, purpose is for the barangay captain to convince party to settle amicably. #fnot then brgy captain or lupon will issue certification to file action. his must be attached. Withoutit, the case will be dismissedprinciple of e(haustion of administrative remedies, there are cases where you have to e(haustadministrative remedies before going to court otherwise your case will be dismissed on the groundof no cause of action because you filed to comply will re=uirement of conditions precedentin family law, if it is a suit between members of the same family, you must allege in your complaintthat before you filed a case, you e(erted every effort to settle amicably, otherwise your case will bedismissed because of failure to comply with condition precedent if you do not comply with thiscondition, your civil action will be dismissed on the ground of failure to state valid cause of action

I'&'R"! R0!'EWhen there is only one cause of action, there should be only one case to be filed" single act or omission can give rise to only one cause of action


13/85

You cannot split a single act or omission into several causes of action#t is possible that single act or omission may give rise to several remedies but it does not mean that you can avail ofall these remedies at the same time'(amplesE

we enter into contract of loan, you borrowed money from me, %1million. You signed a promissory note. Youalso e(ecuted a real estate mortgage to secure loan. When you failed to pay loan upon maturity, what areavailable remedies? Collection case to recover %1 mill plus interest foreclose mortgage. But it does not meanthat # can collect %1mill and at the same time foreclose mortgage. # cannot avail of these two remediessimultaneously. here is only one cause of action which is failure to pay upon maturity date. But #)m give twoor three remedies but # cannot avail of them at the same time because a single act can only give rise to singlecause of action. You are not allowed to split a single cause of action into several cases because it is alreadysplitting a single casue of action which the rules does not allow.

#n the same e(ample, we entered contract, you violated contract. What case can # file? Breach of contractrescission of contract specific performance to force you to perform your obligation damages for violation.But # cannot file all of these at the same time, # should choose one. #f # file them at the same time, it is splittingcause of action.

You land grabbed. # filed case for recovery of land. Can # file another case for damages arising out of act ofland grabbing? &o because it is splitting cause of action. Case for damages should be tried together withrecovery of land because it arises out of a single act of land grabbing. here is only one cause of action. #f #file another case for damages, then another case for accounting of all fruits, then a fourth case forreimbursement of attorney)s fees and litigation e(penses. You cannot do this because it is splitting one causeof action into several cases.

" single act will give rise only to a single cause of action. " cause of action is an act or omission committed bydefendant which violates right of plaintiff. #f that act of defendant violating right of plaintiff, it gives rise to right ofplaintiff to go to court and as$ for remedy.

+ne instance, lawyer filed complaint. Defendant filed motion to dismiss on ground of lac$ of cause of action.During hearing, judge was convinced that there is no cause of action and case is dismissible. But he called thelawyer and as$ed plaintiff lawyer whether they have cause of action. hen lawyer said that # already receivedacceptance fee, is that not a reason for me to file the case? #t is very unethical. #t made the lawyer amercenary. His case was eventually dismissed. Do not commit this same error.

#nstances where several causes of action may be joined in one complaint. #t is allowed especially if it involves thesame parties and arising out of the same transactions or series of transactions. ame plaintiff, same defendant, sametransactions but several causes of action.

" party may in one pleading assert in the alternative or otherwise as many causes of action that they may haveagainst an opposing party subject to the following conditionsE

7o"nder of causes of act"on, Alternat" e,

'(ample, you do not $now which of the two is liable to you. #s it a or b? uppose your ship cruise frommanila. You shipped goods through ulpicio !ines. When your goods arrived in cebu, you discovered thatthey were already damaged and investigation conducted, ulpicio !ines and arrastre operator were blaming

each other. #f you are owner of goods, who will you file a case against? You can sue both of them in thealternative. You sue ulpicio !ines and you ma$e other company an alternative defendant. o if ulpicio isfound not to be at fault, then arrastre may be held liable. his is e(ample of two causes of action available toyou. You have cause of action against ulpicio. You have cause of action against arrastre operator and youjoin them in one complaint alternatively. #f one is not liable then other must be liable.

Cu#ulat" e, 5 or 6 or 9 causes of action may be joined together

Cond"t"ons,1. hall comply rule on joinder of parties under Rule 5, sec :.

@oinder of parties provides that several parties can be joined together in one case, either plaintiffs ordefendantsE


14/85

a; subject matter of case arises out of same transaction or series of transaction andb; =uestion of law or fact is common to all plaintiff and defendant

4. hall not include special civil actionsCannot join action for recovery of real property and ejectment case because ejectment case is a special civilaction.Cannot join special civil action and ordinary civil action because special civil action is governed by differentrules.

5. Causes of action are same parties but different venues or jurisdiction, joinder may be allowed in R Cprovided one of the cause of action falls within jurisdiction of said court and the venue lies therein#f one cause of action is triable in * C, and the other in R C, the two causes of action may be joined togetherbut it should be tried in the R CWhere the claims of all causes of action are recover of money, the aggregate amount shall vest thejurisdiction.'(ampleE you borrowed %1.4m, you promised to pay me in one year, payable in instalment at %1 , permonth. here is contract, you signed promissory note. When you failed the first instalment, that is alreadyone cause of action. # can file right away a case against you. When you file dto pay the 4 nd instalment, that isanother cause of action. 'very instalment that you failed to pay constitute a single cause of action. But if #decide to file a case after you failed to pay the 9 th instalment, can # file five cases including the previousinstalments you failed to pay? #f # decide to file a case after you failed to pay 9 th instalment, the rules say that# should only file one case. he five causes of action will now be joined into one case. #t is mandatory underrules because it involves same parties and arises out of the same contract of loan, then # have to join allcauses of action. #n a situation li$e this, if several causes of action arising out of the same transaction arejoined, the totality rule will govern in determination of court)s jurisdiction. '(. 1 st cause of action is %1 ,then * C. But if # file after 9 instalment due, it is joined so it becomes %9 , , the case is filed with R Cbecause totality rule will govern.

MIS7OINDER OF CA8SE OF ACTION, cause of action that is misjoined in one complaint this cause of action shouldnot have been joined because it belongs to jurisdiction of other court or cannot ac=uire jurisdiction over person.

#s this ground for dismissal?&o. *isjoinder of cause of action is not a reason for dismissal. his shall only be severed or removed from thecomplaint but not dismissal.

R8LE -

"bout parties to a civil action

Who can be parties to a civil action?4 partiesE plaintiff and defendant +nly natural or juridical persons may become parties to civil action.&atural refers to human beings.@uridical refers to corporations or associations which are duly registered with 'C.'ntities authoriLed by law may also be a party to a civil action.Rules provide that parties to civil action must be natural person or juridical person or entities authoriLed by law.'ntities although not juridical person are authoriLed by law to sue.'(ampleE estate of deceased person, the administrator of estate can sue and the estate can also be sued.

IRE every civil action must be prosecuted or defended in the name of the real parties in interest.

Who is real $art/ "n "nterest ?+ne who stands to be benefited or injured by judgment in suit or the party who is entitled to the avails of the suit.

What is the effect if suit is brought by or against a person who is not a real party in interest?he case will have to be dismissed because the case must be brought by or against a real party in interest.


15/85

Class"f"cat"on of Real Part"es2"n2Interest,Pro2for#a Part"es, party who is not really directly involved in the case but who ought to be included because rulesso provideE e(. When you file a case against a married woman, you have to implead the husband as a general rule. heonly e(ception is if the property subject matter of the suit is an e(clusive property of the wife, husband may not beimpleaded.

Re$resentat" e Part"es, party who represented the real party8in8interest those who prosecuted or defended thecase for or in behalf of real party8in8interest

Ind"s$ensa*le Part"es, one who must be impleade as a party to the case for without him there can be no finaldetermination of the case

What happens if you did not include the indispensable party?he case will be dismissed. #t will not prosper if indispensable party is omitted.

'(ampleE action for partition, every co8owner of the property is an indispensable party. Your parents left behind asubstantial estate. You file a case for partition of estate, you have to include your brothers and sisters as parties. #fone of the co8owners is not impleaded, the case will be dismissed because there is an indispensable party who wasomitted action for recovery of debt, the guarantor is not an indispensable party but only a necessary party action forforeclosure of mortgage filed by 1 st mortgagee, the 4 nd mortgagee is not an indispensable party but only necessaryparty

Necessar/ Part"es, those who are not indispensable but who ought to be included if complete relief is to be accordedto those who are already parties or for a complete determination of the claim subject matter of the action may ormay not be included'(ampleE " and B borrowed money from me, they signed a promissory note which states that Fwe solidarily boundourselves to pay *r. *onteclar %1*. Kailed to pay so # filed case against " only, not including B. he case will prosperbecause B is not an indispensable party because they are solidary debtors so # can recover from any one of them insame e(ample, suppose they state Fwe jointly bound ourselves to pay %1*G so it means " is liable only for %9 ,and B is liable only for %9 , . # filed case only against ", so # can recover only %9 , because it is only jointobligation. he case will prosper because B is not an indispensable party but he is a necessary party. Kor completedetermination of case, # should have filed case against both " and B but no law can compel me to file a case againstboth.Rule 5, ec - provides that if there is a necessary party which was not included in the complaint, the plaintiff muststate in the complaint why he did include the necessary party and if the court is convinced that there is no justifiablereason for not including the necessary party, the court may order the plaintiff to amend his complaint and impleadthat necessary party.#f the plaintiff, despite the order of the court, refuses to obey the order of the court then plaintiff can no longer beable to recover from that necessary party" and B jointly bound to pay me %1*, # filed case only against " because B can no longer be located. #f # include B, thecase will be delayed because court cannot ac=uire jurisdiction over B. his is a good e(ample why # did not implead Bas necessary party. his is why when there is non8inclusion of necessary party, the court will in=uire about thereason, and when you present justifiable reason, the court will allow you to do so.

CLASS S8IT, action filed by several persons in representation of a more numerous number of people belonging to thesame class#f there are already many people involved and it becomes impracticable to put them all as plaintiff, then arepresentative group of that class may file an action and it is called a class suit.

0nder ec 14, allowed only when subject matter of the controversy is one of common or general interest to manyperson so numerous that it is impracticable to bring all of them as parties so a number of them may file a case for andin behalf of the many'(ampleE Congress passed a law that is prejudicial to interest of all sugar planters and they believe that isunconstitutional so they wanted to =uestion the law. here are thousands of sugar planters all over the country. #tbecomes impracticable to put the names of all the plaintiffs. hey may just allow a group or representative of them,normally the officers of ugar %lanters "ssociation of %hilippines, to file a case =uestioning the validity of the law. hesugar planters belong to a class of people, affected by legislation, and representative group files a case against the


16/85

validity of the law.

Cond"t"ons


17/85

left to the lawyer is to inform the court that the client is already dead.When you inform the court, you also have to inform the court who will substitute the client or who will represent himin the case.

he rule is that the representative of the deceased person is the e(ecutor or the administrator of his estate if there issettlement of estate of the deceased person, not the children or his wife.However, if there is no settlement of the estate as when the party dies without any liabilities, the heirs cane(trajudicially settle the estate among themselves and the heirs will be the one to substitute him.#f the lawyer continued with the trial of the case, not informing the court that his client is already dead, the effect isthat the entire proceeding is null and void because there is no more personality of that party to go on with the case.

he heirs of the deceased party will not automatically substitute because priority is given to e(ecutor oradministrator. hey will only be allowed if there is unreasonable delay in appointment of e(ecutor or administratoror when the heirs result to e(trajudicial partition of estate because the deceased party died without any liability.

Death of Defendant "n a Mone/ Cla"# (Sect"on ;> ,#f during the pendency of the action the defendant dies, will it cause the dismissal of case?0nder the new rules, &o. #f the civil action for collection of sum of money is already pending in court, it shall beallowed to continue because it will be duplication if you withdraw and file it in the settlement of estate. When thecourt)s decision is final and e(ecutory, then present it to the e(ecutor or administrator of the estate of the deceaseddefendant. You present it as a claim. You did not present evidence anymore because evidence has been presented inthe collection case.

What happens if party to the case who dies is a public official, will the case be dismissed?#t depends on the one who succeeds him. #f the person who too$ over the position refuses to continue with the case,the case will have to be dismissed.

What happens if a party to the action becomes incompetent or incapacitated during pendency of the case, will thecase be dismissed?&o, the party will only be represented by his legal guardian.

What happens if during the pendency of the case, a party transfers his interest on the property which is the subjectmatter of the case?'(ampleE you filed a case against me for recovery of parcel of land. hat land was declared in my name and youwanted to get it from me. You forgot to annotate a notice of lis pendens. While case was pending, # sold my land. othere is transfer of interest while case is pending. Will the defendant be removed from the case, and the buyer willsubstitute him?&o. he case can go on without impleading the buyer because anyway, the buyer will be bound by whatever is theoutcome of the case.

Ind")ent l"t")ant, one who has no money or property sufficient or available for food, shelter or basic necessities forhimself and his family

o be able to litigate as indigent litigate, you must file a motion with the court to litigate as an indigent litigant. 0ponapproval of motion, you will be e(empted from filing of doc$et fees.#f you win the case and you are awarded by the court, the filing fee which you were not able to pay will be a lien,which is deducted from it.

When the action involves =uestioning the legality of a law, treaty, or e(ecutive agreement, then you have to involvethe solicitor general. &otice to the solicitor general is re=uired. his is also true in the case of annulment of marriage.

he solicitor general is the lawyer of the government.

R8LE ?

78RISDICTION, refers to authority of court to hear and decide a case and that authority is conferred by lawVEN8E, refers to the place of trial where you file the case

'(ampleE ejectment cases shall be filed in the * C. he * C has jurisdiction to entertain case. But there are many* C all over the %hilippines. Which of these * C do we file? his is a matter of venue. #t shall be filed in the * C


18/85

where the property subject matter of the case is located. #f it is located in Cebu City, file it with the * C of Cebu City.#f you file it in * C of *andaue, it will be dismissed on the ground of improper venue.

How do we determine the venue of an action?enue can be determined depending on the nature of the action, whether it is a real action or a personal action.

#f it is a real action, the venue shall be in the proper court of the place where the property is located. F%roper courtG isemphasiLed because in real actions, the * C now has jurisdiction to try a case if the value of the property is %4 ,or less. #f more than %4 , then file it with R C. his is the reason why in real action, file it with the proper court ofthe place where property is located,

I'&'R"! R0!'E#f it is a personal action, the venue shall be in the place or residence of the plaintiff or place of the defendant at theoption of the plaintiff.#f there are several plaintiffs, file it at the residence of any one of the plaintiffs.#f there are several defendants, file it at the residence of any one of the defendants at the option of the plaintiff.Residence means actual residence, and not constructive residence. he residence of a juridical person or corporationis the principal office of the corporation.

What is the venue of an action against a non8resident defendant?#f any of the defendant does not reside and is not found in the %hilippines and the action affects the personal status ofthe plaintiff or it involves a property located in the %hils of which the defendant has an interest, that action may befiled at the place of the plaintiff or at the place where property is located.#f defendant is temporarily staying in the %hils, the action shall be filed in the place where the defendant is found.

Can you sue, as a defendant, a person who is not residing in the %hilippines?" non8resident but temporarily staying in the %hilippines can be sued in the place where he is found.#f defendant is non8resident and not found in the %hilippines, you can sue him only in 4 instancesE

1. #nvolves personal status of plaintiff '(. wife files case for annulment of marriage husband is residing in 0 and not found in %hilippines. Wifecan go on with annulment case in the %hilippines because it involves personal status of plaintiff

4. #nvolves property located in %hilippines of which the defendant has an interest '(. defendant is permanent resident of 0 but owns land in the %hilippines which you claim to be owned byyour father. Your case will prosper because the defendant has interest in the property subject matter of thecase.

'AC'% #+& E#nstances where rules of venue do not applyE

1. Cases where specific rule or law provides otherwise'(. !ibel case could be brought in the place where libellous statement was made or place of the offendedparty'(. enue may be changed by order of C in order to avoid a miscarriage of justice. his is found in theConstitution.

4. %arties have previously agreed on a specific venue prior to the filing of a caseC held that the agreement of the parties as to venue will only be binding if it isE

a; in writingb; done prior to the filing of the action andc; the agreement as to the venue contains an e(clusive or =ualified words that it is only in that place and notin any other place. 7%olytrade vs Blanco;"n agreement as to venue if there is no =ualifying word of e(clusivity will only be considered as anagreement for an additional venue but it is not e(clusive. #f you ma$e contract saying any action arising outof this contract shall be filed in the proper court of the city of Cebu, this is not binding. Cebu is only anadditional venue. #f you place there any action arising out of this contract shall be filed only in Cebu and notin any other place then this is e(clusive.

he agreement as to venue may be disregarded if the agreement as to the venue is part of a contract ofadhesion.

his is a case where a lawyer from Cagayan came to Cebu because he has a hearing in agbilaran. He and hisclient bought a tic$et from weet !ines hipping from Cagayan to Cebu with a connecting trip from Cebu to


19/85

agbilaran. When he arrived in Cebu, he was not allowed to board the ship going to agbilaran because theship was full despite the fact that he has a tic$et. hey accommodated the lawyer and client in the bodega ofthe ship. !awyer filed case for damages against weet !ines. weet !ines contended that tic$et that theybought contained terms and conditions of carriage at the bac$. his is the contract between the passengerand the shipping company. #t states that any action arising out of this contract shall be filed in the court ofCebu City and not Cagayan City. C called this contract a contract of adhesion. ic$et served as contractbetween passenger and shipping company but this contract is prepared by only one party which is theshipping company. he terms and conditions were all dictated by shipping company and the passenger isforced to accept it. Disregard the stipulation about venue because the contract is contract of adhesion.7 weet !ines vs eves;

he C clarified that not all terms and conditions placed at bac$ of tic$et is considered contract of adhesion.#n a case of a mayor who sent telegram to his congressman in *anila from #locos through RC%# and said thathe is going to *anila. When telegram was delivered to congressman, it was collect and congressman wasmade to pay. When mayor came to *anila, congressman got mad at him. *ayor filed case against RC%#because he paid. RC%# said that any cause arising out of contract said that file case in NueLon City. C saidthis is not contract of adhesion because it was not in fine print so he can read it. #n the case of %hiltel, therewas a lawyer who ordered cell phones from %hiltel. !ater on, there was disagreement so lawyer filed caseagainst %hiltel for breach of contract with damages and filed the case in his place. %hiltel said that in thecontract states that all actions arising out of this contract is filed in *a$ati City where %hiltel is holdingoffice. C upheld %hiltel because it is a clear stipulation in contract so it should be followed. here is alsostatement of e(clusivity in this contract.

R8LE @

imply states that whatever procedures are observed in R C shall also be observed in the * C. here is uniformprocedure in all trial courts, e(cept when a particular law provides otherwise. '(ample is rules on summaryprocedure which applies only to municipal courts and not in regional trial courts.When we tal$ of municipal courts, we are referring to metropolitan trial courts, municipal trial courts in cities,municipal circuit trial courts.

R8LE PLEADIN9, written statement of the parties) respective claims and defences submitted to the court for its judgmentor consideration.#n the case of plaintiff, the pleading that he will file initially is a complaint.#n the case of defendant, he will file the answer to that complaint.

What are the pleadings that you can file?Complaint, answer, counter8claim, cross8claim, third8party complaint or fourth8party or fifth8party complaint, reply

COMPLAINT, pleading that is filed by the plaintiff containing his cause or causes of action against the defendantinitiatory pleading which means that it is a pleading that sets in motion the controversy that is to resolved by thecourt

'very pleading must contain a cause of action.he four elements of a cause of action must be found in the complaint.

1. Right of plaintiff 4. +bligation of defendant 5. "cts or omission violating right of plaintiff 6. Damages

When do you answer the complaint?" complaint must be answered, generally, within 19 days from the receipt of the summons and the copy of thecomplaint.

ANSWER, pleading where the defendant sets forth his answer to the complaint or he sets forth his defenses to the


20/85

complaint

4 $inds of defensesE1. &egative DefenseE consists of specific denial of allegations in complaint which can be done either by saying

that allegation in paragraph so8and8so is specifically denied and the truth of the matter is this.When you deny, you do it by paragraph in accordance with the complaint!ac$ of $nowledge sufficient to form a belief as to the truth or falsity of the allegations in the complaint isconsidered also as specific denial

4. "ffirmative DefenseE admission of material averments in complaint but prevents the claimant fromrecovering from defendant because of the defense set8upDefendant hypothetically admits the material averments in the complaint but denies liability because he setsforth a defense that will bar the plaintiff from recovering from himi.e. plaintiff files a collection case, defendant)s answer states that it is true that # did not pay but you cannotclaim from me because it has prescribed. o defense is prescription. his is an affirmative defense."nother defense is statute of fraud. You say that it may be true that we have a contract but our contract isverbal where the contract is supposed to have been in writing. he defense raised is statute of fraud. his isan affirmative defense.#llegality of contract can also be an affirmative defense.

CO8NTER2CLAIM, claim of a party against the principal claimant claim of defendant against plaintiff i.e. you filed acase against me. # filed an answer. #n my answer, # can include counter8claim against you.; &"nds of counter2cla"#,

1. Co#$ulsor/ Counter2cla"#, arises out of the same transaction which is the subject matter of thecomplaint'(ample is when you filed a case against me for breach of contract with damages. You attached a contractwhich # signed which according to you # violated. *y answer states that # have not violated the contract, butyou are the one who violated the contract so #)m also as$ing damages against you. his is now an answerwith counter8claim. ince my counter8claim arises out of the same contract, my counter8claim is acompulsory counter8claim.Ele#ents,a. *ust be cogniLable by a regular court < i.e. #f you file a case against me in the R C for simple collection

case, then # filed a counterclaim that 5 years ago # was once your employee then you terminated meillegally so # filed a case against you in &!RC and &!RC ordered you to pay me %19 , for unpaidwages and my claim and until now you have not paid that money. # will set8up this counter8claim againstyou. You cannot do so because the counter8claim is cogniLable by the labor court and not by the regularcourt.

b. "rising out of the same transaction which is the subject matter of the complaint < if it is not related, thencounter8claim is permissive

c. Does not re=uire the presence of a third8party which the court cannot ac=uire jurisdictiond. Within the jurisdiction of the court both as to the amount and the nature of the law e(cept that in

original action in R C, the counter8claim may be considered compulsory regardless of the amount < if #file a counterclaim against you, it must be within the jurisdiction of the court of my original complaint,i.e. you filed a case against me in the * C. # filed a counterclaim claiming that you have not performedyour obligation amounting to %9 , . his counterclaim is already outside jurisdiction of * C so * Ccannot entertain this counterclaim. '(ception is if you file a complaint with R C, even if counterclaim isnot cogniLable by the R C, it may still entertain the counterclaim.

e. Defending party has counterclaim at the time he files the action2. Per#"ss" e Counter2cla"#, not related to the transaction which is the subject matter of the complaint

Rules allow the defendant to set8up any claim he has against the plaintiff whether that claim is connectedwith the complaint or not connected with complaint#f connected with complaint it is compulsory, if not connected it is permissive'(ample is when you filed a case against me for collection of sum of money. #n my answer, # state that #indeed borrowed money from you but you also borrowed from me 9 years ago and you have not paid thatyet so # am now setting that up as a counter8claim to off8set your claim against me. #t is a differenttransaction from transaction which is subject matter of complaint."ll claims that # have, # can set that up as a counter8claim against you.


21/85

#f it is a compulsory counter8claim, you have to set that up in your answer, otherwise it is deemed barred.#f it is a permissive counter8claim, you may not set that up in your answer, it is not deemed barred because you canalways treat it as separate action.

CROSS2CLAIM, claim of a defendant against a co8defendant in relation to a claim of the plaintiff against thempresupposes that there are two or more defendants and one defendant has a claim against a co8defendant'(ample is when you file a case against me and two others, # say that # am not liable but it is my co8defendant. o, ifcourt finds me liable, # will pass on to him my liability. hat is a cross8claim.

Cross8claim is only between defendants. #f there are several plaintiffs and in the counter8claim, you can cross8claimagainst your co8plaintiff because a counter8claim by the defendant is in the nature of an independent civil action." cross8claim is ancillary to the main action. When the main action is dismissed, the cross8claim is also dismissed.

T1IRD2PARTB. FO8RT12PARTB COMPLAINT, filed by defendant against another person who is not a party to thecase'(ample is when you filed a case against me and # said no, the one who is liable is %edro so # will bring %edro to thecase.

he purpose of third8party complaint is for the defendant to recover from third8party whatever damages he may beadjudged to pay. #t is for reimbursement.!eave of court is re=uired. You must file a motion for leave of court to file a third8party complaint because you arebringing in an outsider to the case. his is not re=uired in cross8claim or counter8claim because the parties are thesame.

ituationE plaintiff vs defendant. Defendant brings in a third party A, saying that he will demand reimbursement fromA. #f A says that the one who is responsible is Y, so he files a fourth8party complaint against Y. #f Y says that it is O whois liable, this is a fifth8party complaint.

R8LE

PARTS OF A PLEADIN9,1. Ca$t"on, where you find the name of the court, parties, doc$et number, title of the case2. 0od/, if it is a complaint, then complaint shall be presented paragraph by paragraph.

I'&'R"! R0!'E pleadings filed in court must be presented in paragraphs.

You can ma$e a sub8heading, i.e. if it is a complaint that contains several causes of action, it is advisable thatyou put a sub8heading li$e Ffirst cause of actionE par 1, 4, 5, 6 second cause of actionE par 9, :, 3 third causeof actionE par, 2, -, 1 , 11G. he defendant)s answer will also have sub8heading corresponding to thecomplaint."t the bottom portion is the relief prayed for, then date and place where pleading was made. Below it is thename of the lawyer who prepared the pleading.#f party is represented by a lawyer, the lawyer must sign the pleading otherwise it is just a mere scrap ofpaper. But if court finds that failure of lawyer to sign is due to inadvertence or oversight, then court may belenient and just as$ the lawyer to sign.

he signature of lawyer in pleading is an implied certification that the lawyer has prepared and read thepleading and that, to the best of all his $nowledge and belief, all allegations therein are true and correct andthat complaint contains a valid cause of action. his is what is called implied certification.Below the name of the lawyer is his address. %.+. Bo( is not accepted.

0nder C circulars, there are additional re=uirements such as attorney roll number, #B% number, or % Rnumber.Kailure to do so results in your pleading being mere scrap of papers.

3. Ver"f"cat"on, presented in an affidavit form where the pleader 7client; signs" sworn statement of the party to the case stating that he is the one responsible for the preparation of thatpleading and that all the allegations therein are true and correct

worn to and notariLed#f pleading is verified and you are found to be telling untruthful statements, then you are found to havecommitted perjury*ust every pleading be verified? &o. verification of a pleading shall only be done if re=uired by law

4. Cert"f"cate of Non2Foru# Sho$$"n), certification by the pleader that there is no other case pending in


22/85

another court similar to this case that he filed this is to prevent litis pendencia re=uired only in initiatorypleadings such as complaint, counter8claim, cross8claim

R8LE

'very pleading must contain in a methodical or logical form a plain, direct, and concise statement of the ultimatefacts which forms as the basis of your pleading and omitting evidentiary matters.

8lt"#ate Fact, establishes your cause or causes of action the basis of your cause of action

E "dent"ar/ Fact, not stated in pleading because this is matter you will have to prove during the trial of the case

'(ampleE you claim that you are the owner of the land and you have been in possession of land for 5 years, in theconcept of owner. his is allegation of ultimate fact. How you started occupying land, what you introduced in the landas a possessor are matters you reserve for trial because these are evidentiary facts which prove the ultimate facts.+nly ultimate facts are to be stated in the pleading.

How do you ma$e specific allegations in the pleading?#f you are alleging a condition precedent before filing of case, you can allege that by general averments.

"llegations as to capacity to sue or be sued must be done with particularity.

"llegations as to fraud or mista$e must also be stated with particularity.

"llegations as to malice, intent, or lac$ of $nowledge or other condition of the mind can be done with generalaverments.

"llegations of judgment, it is enough that you attach a copy of judgment in your document or you cited the judgmentin your pleading.

#n pleading an official document or an act, it is sufficient to aver that document was issued or act was done incompliance with the law.

How do you aver an actionable document? Act"ona*le Docu#ent, serves as the basis of the pleader)s allegation if the pleader is plaintiff, it serves as basis ofcause of action if the pleader is defendant, it serves as basis for his defense

; %a/s to a er act"ona*le docu#ent,1. Nuoting substantial portion of that document in your pleading, then attach copy of the document 4. Nuoting the entire document verbatim in your pleading

'(ample is when you filed a case for recovery of parcel of land. *y defense is that # already bought this land from theoriginal owner and that # have a deed of sale. # attached a deed of sale to my answer. he deed of sale is an actionabledocument because it forms the basis of my defense.

When there is an actionable document attached to a pleading, how are you going to answer that pleading?he rules of court re=uire that you have to deny the actionable document in that pleading under oath. #t is not

enough that you will say that the pleading is fa$e or falsified. You have to deny specifically that pleading and youranswer must be verified 7under oath;.

&ot every answer re=uires verification but when the complaint has an actionable document attached to it, it isnecessary that the answer of the defendant is verified. his is called an answer under oath.

What happens if you did not deny the allegation 7complaint with actionable document; under oath?he answer is a mere scrap of paper. he re=uirement under the law is that an actionable document must be denied

under oath.


23/85

IRE #f you have not denied the document under oath, you have deemed to have admitted the genuineness and duee(ecution of the document. his means that the document that was attached to the complaint is genuine such thatyou cannot =uestion this document later on in the trial.'AC'% #+&E

1. You are not a party to that document 4. You re=uest for e(amination and production of that document and it was denied despite the order of the

court

Remember that reply is optional, but if the action filed contains an actionable document then you must reply underoath otherwise you have deemed to have admitted the genuineness of the document.

he allegation of usury is deemed admitted if not denied under oath only if the allegation of usury is contained in thecomplaint, not in the answer. However if the allegation of usury was raised only in the answer, you do not have todeny it if you are the plaintiff. 7!iang Yao vs +lympic awmill;

How do you ma$e a specific denial?1. pecific denial then tell what is the truth4. !ac$ of $nowledge sufficient to form a belief as to the truth of the allegations stated

Denial must be specific to be accepted by the court as a defense. #f the denial is considered a negative pregnant, thenit is considered not a denial but an admission.

Ne)at" e Pre)nant, a $ind of denial where you deny the allegations verbatim in effect you are admitting theallegation i.e. plaintiff state that defendant encroached the land of plaintiff on aug 1, 4 1 by entering the easternportion, removing the fence, cut trees. he denial states that it is not true that # entered the eastern portion, removedthe fence, cut trees. his is very specific denial such that there is possibility that you entered from southern portion.

his is called negative pregnant.

D"scuss"on $art :R8LE

Rule - is about the effect of your failure to pleadRule 1 is about amendment and supplemental pleading

What is the effect of your failure to plead an available defense or objection of a pleading filed against you?I.R. these defenses are deemed waived.'(ceptionsE

1. prescription4. res judicata5. lac$ of jurisdiction over the subject matter6. litis pendencia

these grounds, if present, can cause the dismissal of the complaint. his can even by done by the court moto proprio,even if not raised by a party or the answering defendant.

With regard to the other grounds, if you did not raise them in a motion to dismiss, or not raise them in your answer, itis deemed waived.

You can raise these grounds by way of a motion to dismiss or by way of an answer and include these in the specialaffirmative defense. When you file an answer you have to incorporate these grounds for a motion to dismiss in youranswer. hen later, you can as$ the court to conduct a preliminary hearing on your affirmative defense and that hasalready the effect of a motion to dismiss.

You actually have the option. o if you have grounds for a motion to dismiss, you may immediately file a motion todismiss within the period to answer which is the reglementary period of 19 days

Counter claims and cross clais are deemed waived if not set up in your answer. But what is actually referred to here is


24/85

+&!Y H' C+*%0! +RY C+0& 'RC!"#*. Because permissive counterclaim can be filed by you as an independentor separate action. You need not include this, thus called permissive.

%ermissive counterclaim < may or may not include in the answerCompulsory counterclaim < must include in the answer

his arises out of the same transaction or occurrence which is the subject matter of the complaint.

Declaration of default " person can be considered in default if he fails to file his responsive pleading to a pleading filed against him.

When are you going to file your answer?Ienerally within 19 days from date of receipt of summons and the complaint 7summons and the complaint gotogether. he summons is li$e the Fcover letterG;

5 days if the summons were served through a government agency intended for a foreign corporation doingbusiness in the %hilippines but is a non resident in the %hilippines w o an authoriLed agent to representative themin the %hilippines

: days if summons by publication

What happens if you failed to answer the complaint within the reglementary period?You can be declared in default.

he court cannot moto proprio declare the defendant in default. here must be a motion filed by the plaintiff as$ingtto declare the defendant in default. #t must be by a motion.

when there is a motion to declare the defendant in default, the plaintiff must send a copy of the motion to thedefendant. "nd in fact, the defendant will also be notified by the C+0R of all subse=uent pleadings under the courtrenders a judgment by default.

"lthough the defendant in default will be notified of all the proceedings and the hearing of default, he is not allowedto participate. He will be li$e an observer. You are li$e a punching bag.

he court will receive the evidence of the plaintiff e(8parte.

When the defendant is declared in default, the court may right away decide on the case on the basis of the pleadingfiled by the plaintiff. +r it is up to the court 7his option; to decide the case without any hearing or as$ the plaintiff tosubmit evidence e(8parte.

&ormally the court will re=uire the plaintiff to submit evidence e(8parte before he will decide the case only if the caseis a little bit complicated. 7li$e breach of contract or recovery of ownership; #f it is a simple case, normally the courtwill not conduct a hearing. 7li$e a simple collection case;

'(8parte < walay contra

What is the remedy of the defendant who is declared in default?He may file a motion to set aside or lift the order of default. He can do this once he receives the order of default. +ncehe is informed and learn of the default but it should be B'K+R' the court has rendered a judgment by default.

+rder of default < order issued by the court declaring the defendant in default for failure to answer@udgment by default < decision of the court which is the result of the declaration of the default

Irounds to life the order of default < K"*' 7fraud, accident, misstate, e(cusable negligence;he defendant will convince the court that the reason why he wasn)t not able to answer the complain was because of

K"*'


25/85

Kraud here refers to 'A R#& #C KR"0D.

Kor purposes of lifting the order of default, it must be K"*' P "KK#D" # +K *'R#

"ffidavit of merit8 this will convince the court that you have a meritorious defense you are trying to convince thecourt that you have a valid reason why you were not able to answer

#f you don)t have a good defense or a valid defense, the court will not even bother to lift the order of default.

Can the court declare partial default? Yes. #f there are several defendants and some answered and some not. hosewho answered are given a hearing. hose who didn)t answer, if they are bound by a common =uestion of law or fact,they can be benefitted by the decision of the court.

When declared in default, the court can +&!Y award those that are claimed in the complaint. He cant award morethat what is as$ed for in the complaint.

he court cannot award unli=uidated damages 7damages which are still to be proven and court and cannot bedetermined yet by the court amount not $nown; li$e moral damages for sleepless nights, besmirched reputation,etc>

#n the new rules, the court cannot award unli=uidated damages against the defendant in default. hat is why someauthors say this is unfair.

#f motion to life the order of default is denied by the court, your remedy is to wait until the court will render adecision 7judgment by default;. hen you appeal this judgment. Because this is already a final judgment.

You cannot appeal from an order of judgment because this is an interlocutory order. his is not appealable.

#f your reason is that you were not served with summons and the court therefore has no jurisdiction over yourperson, then the declaration for default is really wrong. When the court denied your motion to set aside the order ofdefault, you need &+ wait for the court to render judgment by default, you can file a motion for prohibition toprevent the court from proceeding with the trial of the case or a petition for certiorari. You can file either.

Why wait for the judgment by default when the proceeding is useless because it has no jurisdiction over your person.

D"scuss"on $art ;R8LE

he party is in default if the doesn)t file his answer within the reglementary period of 19 days. he court cannot motoproprio declare you in default. here has to be a motion filed by the other party to declare that you are in default.

he plaintiff is the one to file the motion to declare the plaintiff in default.

he defendant in default is still entitled to notice of the subse=uent proceedings although he

Documents

Transcripts of Civil Procedure 1