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RULE 23 Definition of Discovery Discovery, in general, is defined as the disclosure of facts resting in the knowledge of the defendant, or as the production of deeds, writings, or things in his possession or power, in order to maintain the right or title of the party asking it, in a suit or proceeding. (Insular Life Assurance Co. Ltd. v. CA, 238 SCRA 88, citing Bouviers Law Dictionary) Object of Discovery The object of discovery is to make it possible for all the parties to a case to learn all the material and relevant facts, from whoever may have knowledge thereof, to the end that their pleadings or motions may not suffer from inadequacy of factual foundation, and all the relevant facts may be clearly and completely laid before the Court, without omission or suppression. (Dasmarinas Garments, Inc. v. Reyes, 225 SCRA 622) Purpose of Discovery The rules on discovery (Rules 24, 25, 26, 27, 28 and 29 of the Revised Rules of Court) are intended to enable a party to obtain knowledge of material facts within the knowledge of the adverse party or of third parties through depositions to obtain knowledge of material facts or admissions from the adverse party through written interrogatories; to obtain admissions from the adverse party regarding the genuineness of relevant documents or relevant matters of fact through requests for admission; to inspect relevant documents or objects and lands or other property in the possession or control of the adverse party; and to determine the physical or mental condition of a party when such is in controversy. This mutual discovery enables a party to discover the evidence of the adverse party and thus facilitates an amicable settlement or expedites the trial of the case. (Koh v. IAC, 144 SCRA 259) Principal Benefits of Discovery The other principal benefits derivable from the availability and operation of a liberal discovery procedure are the following: 1. It is of great assistance in ascertaining the truth and in checking and preventing perjury. The reasons for this are: (a) The witness (including a party) is examined while his memory is fresh; (b) The witness (including a party) is generally not coached in preparation for a pre-trial oral examination with the result that his testimony is likely to be more spontaneous. Where the examination is upon written interrogatories, however, it appears that some lawyers furnish the witness with copies of the interrogatories and thereby enable him to prepare his answers in advance; (c) A party or witness whose deposition has been taken at an early stage in the litigation cannot, at a later date, readily manufacture testimony in contradiction to his deposition; (d) Testimony is preserved, so that if a witness unexpectedly dies or becomes unavailable at the trial, his deposition is available. It is an effective means of detecting and exposing false, fraudulent, and sham claims and defenses. It makes available in a simple, convenient, and often inexpensive way facts which otherwise could not have been proved, except with great difficulty and sometimes not at all. It educates the parties in advance of trial as to the real value of their claims and defenses, thereby encouraging settlements out of court. It expedites the disposal of litigation, saves the time of the courts, and clears the docket of many cases by settlements and dismissals which otherwise would have to be tried. It safeguards against surprise at the trial, prevents delays, and narrows and simplifies the issues to be tried, thereby expediting the trial. It facilitates both the preparation and the trial of cases. (Fortune v. CA, 229 SCRA 355)
2. 3. 4. 5. 6. 7.
Discovery is not mandatory Recourse to discovery procedures is not mandatory. If the parties do not choose to resort to such procedures, the pre-trial conference should be set pursuant to the mandatory provisions of Section 1 of Rule 20. (Koh v. IAC, 144 SCRA 259) Applicability of Discovery in CIR Modes of discovery are applicable to proceedings the Court of Industrial Relations. (East Asiatic Company, Ltd. v. CIR, 40 SCRA 521) Fishing Expedition not a defense No longer can the time-honored cry of 'fishing expedition' serve to preclude a party from inquiring into the facts underlying his
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Inadmissibility of Deposition Where the witness is available to testify and the situation is not one of those excepted under Sec. 4 of the ROC, his deposition theretofore taken is inadmissible in evidence and he should in lieu thereof be made to testify. (Regalado)
Contents of a Request for Admission A party should not be compelled to admit matters of fact already admitted by his pleading and concerning which there is no issue, nor should he be required to make a second denial of those already denied in his answer to the complaint. A request for admission is not intended to merely reproduce or reiterate the allegations of the requesting party's pleading but should set forth relevant evidentiary matters of fact, or documents described in and exhibited with the request, whose purpose is to establish said party's cause of action or defense. Unless it serves that purpose, it is" pointless, useless," and "a mere redundancy. (Po v. CA, 164 SCRA 668) Answer to Request made by Lawyer The answer to a request for admission under this Rule may be made by the lawyer of the party and not necessarily the party himself. (PSFC Financial Corp. v. CA,GR 106094) Effect of Failure to Answer A Trial Court has no discretion to determine what the consequences of a party's refusal to allow or make discovery should be; it is the law which makes that determination; and it is grave abuse of discretion for the Court to refuse to recognize and observe the effects of that refusal as mandated by law. (Diman v. Alumbres, 101 SCAD 246) When Summary Judgment may be granted It is a settled rule that summary judgment may be granted if the facts which stand admitted by reason of a party's failure to deny statements contained in a request for admission show that no material issue of fact exists. By its failure to answer the other party's request for admission, petitioner has admitted all the material facts necessary for judgment against itself. (Allied Agri-Business Development Co., Inc. v. CA, 299 SCRA 680) Implied Admission Cannot be Set Aside by Amended Complaint Where the plaintiff failed to answer a request for admission filed under this Rule, based on its allegations in its original complaint, the legal effects of its implied admission of the facts stated in the request cannot be set aside by its subsequent filing of an amended complaint. It should have filed a motion to be relieved of the
The writ may be discharged on any of the following grounds: (a) that the writ was improperly or irregularly issued, or excessively enforced; (b) that the bond is insufficient; (c) that the safeguards provided in the writ have been violated by the applicant or the sheriff; or (d) that the documents and articles seized are not infringing copies or means for making the materials alleged to infringe the intellectual property right of the applicant. The writ may be discharged in a summary hearing by the court after notice to the applicant, the sheriff and the Commissioner. If the court finds that the bond is insufficient, it shall order a new bond to be filed by the applicant within a reasonable time. The discharge of the writ based on the insufficiency of the bond may only be made if the applicant fails to post the new bond within the period fixed by the court. SEC. 20. Failure to file complaint. The writ shall also, upon motion of the expected adverse party, be set aside and the seized documents and articles returned to the expected adverse party if no case is filed with the appropriate court or authority within thirty-one (31) calendar days from the date of issuance of the writ. SEC. 22. Judgment. If it appears after trial that the seized documents and articles are bound to infringe the intellectual property right of the applicant or that they constitute the means the means for the production of infringing goods, the court shall order their destruction or donation to charitable, educational or religious institutions with the prohibition against bringing the same in to the channels of commerce. In the latter case, infringing trademarks or trade names found on labels, tags and other portions of the infringing materials shall be removed or defaced before the donation. In no case shall the infringing materials be returned to the defendant. If the court finds no infringement, the seized material shall be immediately returned to the defendant.
modes of discovery are not directly related to the main issues of the suit excused from the harsh sanction of dismissal. Mere order to answer with warning is sufficient. (De la Torre v. Pepsi Cola, 100 SCAD 491)
Filing the Report and Notifying the Parties GR: The failure to grant the parties, in due form, this opportunity to object, may constitute a serious error in violation of their substantial right.(effect of lack of notice) EX: If the parties who appeared before the commissioner were duly represented by counsel and given an opportunity to be heard. (Manila Trading and Supply Co. v. Phil. Labor Union, 71 Phil. 539) Extent of the Effect of the Commissioners Report Upon the Court The commissioners report is not binding upon the court which is free to adopt, modify or reject, in whole or in part, the report. The court may receive further evidence or recommit the report with instructions. (Baltazar v. Limpin, 49 Phil. 39) RULE 33 Definition of a Demurrer to Evidence A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence and is presented after the plaintiff rests his case. (Regalado) A demurrer to evidence may be issued where, upon the facts and the law, the plaintiff has shown no right to relief. (Heirs of Santioqui v. Heirs of Calma, GR 160832) Remedies on the grant or denial of the demurrer Where the defendants motion is sustained and the case is dismissed, such order would be an adjudication on the merits. Where the demurrer is denied, the denial order is interlocutory in nature. Such denial is not controllable by certiorari unless GAD or oppressive exercise of judicial authority.(Nepomuceno v. COMELEC,GR 60601) Denial of Demurrer to Evidence Where a court denies a demurrer to evidence, it should set the date for the reception of the defendants evidence in chief. It should not proceed to grant the relief demanded by the plaintiff. (Northwest Airlines Inc. v. CA, 284 SCRA 408) RULE 34
Basis of Judgment on the Pleadings The judgment is based exclusively upon the allegations appearing in the pleadings of the parties and the annexes thereto, if any, without consideration of any evidence aliunde. (Regalado) Court may render judgment on the pleadings motu proprio If at the pre-trial, the court finds that a judgment on the pleadings is proper, it may render such judgment motu proprio. (Regalado) JUDGMENT ON THE PLEADINGS No genuine issue between the parties SUMMARY JUDGMENT Resorted to only where are (1) no questions of fact in issue, or (2) material allegations of the pleadings are not disputed, or (3) the defense interposed by the defendant is not a valid defense. Based on the pleadings and the affidavits, depositions and admissions of the parties showing that, except as to the amount of damages, there is no genuine issue Only in actions to recover a debt, or for a liquidated sum of money, or for declaratory relief JUDGMENTS BY DEFAULT Genuine issues of fact and/or law are normally involved; Defendant filed no answer
Evidence must be introduced on the material allegations, albeit ex parte, except in cases covered by the rule on summary procedure All cases except for annulment or declaration of nullity of marriage or legal separation
Available in any action, except (1) declaration of nullity or annulment of marriage and legal separation; (2) unliquidated damages; (3) admission of the
May be filed ex parte , except under the rule on summary procedure wherein upon failure of defendant to answer, the court, motu proprio or on plaintiffs motion, shall render the corresponding judgment
RULE 35 Definition of Genuine Issue A genuine issue means an issue of fact which calls for the presentation of evidence. (Manufacturers Hanover Trust Co. v. Guerrero, GR 136804) Absence of Notice of Hearing The absence of a written notice did not divest the trial court of authority to pass on the merits of the motion made in open court. The order of the court granting the motion for summary judgment and its execution thereof despite the absence of a notice of hearing, or proof of service thereof, is merely an irregularity in the proceedings. (Monterey Foods Corp. v. Eserjose, GR 152126) Test to be applied for the grant of the judgment The test for the propriety of a motion for summary judgment is whether the pleadings, affidavits and exhibits in support of the motion are sufficient to overcome the opposing papers and to justify the finding that, as a matter of law, there is no defense to the action or the claim is clearly meritorious. (Estrada v. Consolacion, L-40948) When Affidavits Need Not be Submitted
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Definition of the Berry Rule It is incumbent on a party who asks for a new trial, on the ground of newly discovered evidence, to satisfy the court: 1. Evidence has come to his knowledge since the trial; 2. It was not owing to the want of due diligence that it did not come sooner; 3. It is material that it would produce a different verdict, if the new trial were granted; 4. It is not cumulative only; 5. The affidavit of the witness himself should be produced, or its absence accounted for; and 6. A new trial will not be granted, if the only object of the testimony is to impeach the character or credit of a witness. (Dinglasan, Jr. v. CA, GR 145420, citing Berry v. State of Georgia) Definition of a Pro Forma Motion
When Second MR may be allowed GR: Second MR is not allowed. EX: 1. For extraordinarily persuasive reasons and only upon express leave first obtained (Ortigas and Company Limited Partnership v. Velasco) 2. Meritorious on its face 3. Substantial justice Single Motion Rule A party shall not be allowed to file a second MR of a judgment or a final order. Nature of a Second MR The concept of a second MR is one which seeks a further reconsideration of an order or resolution which denied the first MR. (Gonzales v. Sandiganbayan) Compatibility of Appeal and Certiroari Where defendants MNT was denied by the trial court, it has been held that he can perfect an appeal from the judgment and also proceed on certiorari to set aside the order denying his MNT. There is no incompatability between the two remedies as one is directed against the judgment and other, against the order denying the new trial. (Banco Filipinas Savings & Mortgage Bank v. Campos, L-39905) Effect of the Absence of Notice of Hearing Notice is mandatory. It cannot be cured by a belated filing of a notice of hearing. (People v. CA, 296 SCRA 418) RULE 38 Court which may grant the petition Petition for relief from judgment can only be filed in the MTC or RTC despite the wording in the law that it can be filed in "any court." (Redena v. CA, 514 SCRA 389) Applicability of the petition in other cases
An ex parte motion for the issuance of the writ would suffice since the trial court may take judicial notice of the record of the case to determine the propriety of the issuance thereof. (Regalado) Under Sec. 8, the writ of execution must of necessity be issued by the court where the judgment or order was entered, that is, the court of origin. (Regalado) Execution is Discretionary Under Sec. 2, execution may issue in the discretion of the court even the lapse of the period to appeal, that is, even before the judgment or order has become executory. (Regalado) Court of Appeals has no authority to issue immediate execution pending appeal of its own decisions therein. Once final and executor, the judgment on appeal must be remanded to the lower court, where a motion for execution may be filed only after its entry. (Heirs of Reyes v. CA, GR 135280-81) Requisites for Discretionary Execution 1. Motion filed by the prevailing party with notice to the adverse party; 2. Hearing of the motion; 3. Good reasons to justify the discretionary execution; and 4. Good reasons must be stated in a special order. (Riano) Exception to Execution GR: Where the judgment or order has become executory, the court cannot refuse to issue a writ of execution. EX: 1. When subsequent facts and circumstances transpire which render such execution unjust or impossible; Ex. Defendant bank was placed under receivership 2. Equitable grounds, as when there has been a change in the situation of the parties which makes execution equitable; 3. Where the judgment has been novated by the parties; 4. When a petition for relief or an action to enjoin the judgment isfiled and a preliminary injunction is prayed for and granted; 5. When the judgment has become dormant; 6. Where the judgment turns out to be incomplete, or is conditional. (Regalado)
When Execution Will Be Denied 1. Judgment has already been executed by the voluntary compliance thereof by the parties; 2. Judgment has been novated by the parties; 3. Petition for relief is filed and a preliminary injunction is granted; 4. Judgment sought to be executed is conditional; 5. Judgment sought to be executed is incomplete; 6. Facts and circumstances transpire which wound render execution inequitable or unjust; 7. Execution is sought more than 5 years from its entry without judgment having been revived; 8. Execution is sought against property exempt from execution; 9. Refusal to execute the judgment has become imperative in the higher interest of justice. (Riano) When 1. 2. 3. 4. 5. 6. Quashal of Writ is Proper Improvidently issued; Defective in substance; Issued against the wrong party; Judgment has already satisfied; Issued without authority; Change in the situation of the parties renders execution inequitable; 7. Controversy was never validly submitted to the court; 8. Writ varies the terms of the judgment; 9. Where it is sought to be enforced against property exempt from execution; 10. Ambiguity in the terms of the judgment. (Regalado)
When Writ is a Nullity Where there is substantial variance between the judgment and the writ of execution issued to enforce the same, said writ is a nullity. (Malacora v. CA, GR 51042) Appeal not Allowed No appeal may be taken from an order of execution. (Reliance Surety and Insurance Co. Inc. v. Amante, Jr., 462 SCRA 399) Remedies Against an Executory Judgment/Order 1. Petition for Relief
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Claim of Impropriety, who can file A separate case, distinct from that in which the execution was issued, is proper if instituted by a stranger to the latter suit. If the claim of impropriety in t he execution is made by a party to the action, not a stranger thereto, any relief therefrom may only be applied for and obtained from the executing court. (Regalado) Sale Without Notice The sale is null and void. (Ago v. CA, L-17898), and subjects the officer to liability for damages. (Regalado) The creditor who induced the sheriff to sell without notice will be solidarily liable with the tortfeasor. (Campomanes v. Bartolome, 38 Phil. 808) Persons Who are Disqualified from Bidding and Purchasing at the Public Auction 1. Officer conducting the execution sale or his deputy 2. See Article 1491 of CC 3. Seller of goods who exercises the right of resale Remedy against Irregular Sale The remedy is a motion to vacate or set aside the sale to be filed in the court which issued the writ of execution. (Regalado) Effects of Inadequate Price A shocking inadequacy of price at a judicial sale warrants the setting aside thereof and such sale is null and void, but this rule does not apply to conventional sales. Mere inadequacy of price is not material since the judgment debtor may reacquire the property or sell his right to redeem and thus recover any loss he claims to have suffered by reason of the price obtained at the execution sale. (Regalado) Measure of Damages by Judgment Creditor He is entitled to the difference between the amount which would have been realized were it not for the illegal intervention (but not to exceed the judgment account) and the total amount which he actually recovered on the judgment from all sources, including the
Judgment in the first action is not a bar to another action between the same parties but on a different cause of action
Requisites of Res Judicata 1. Former judgment or order must be final and executory; 2. It must be a judgment or order on the merits; 3. It must have been rendered by a court, having jurisdiction over the subject-matter and the parties; and 4. There must be, between the first and second actions, identity of parties, of subject matter and of cause of action. (Regalado) Meaning of Identity of Parties 1. Where the parties in both actions are the same; 2. Ehere the actions are between those in privity with them, as between their successors in interest by title subsequent to the commencement of the action, litigating for the same thing and under the same title and in the same capacity; 3. Where there is substantial identity even if there are additional parties, especially so where the additional party was not a proper party in the first or second action, or is a mere nominal party. (Regalado) Meaning of Identity of Cause of Action When the judgment sought will be inconsistent with the prior judgment, or if the same evidence will sustain the second action even if the forms or nature of the actions be different. (Regalado) Execution of Foreign Judgment The judgment of a foreign tribunal cannot be enforced by execution in the Philippines. Such judgment only creates a right of action and its non-satisfaction, a cause of action, and it is necessary that a suit be brought upon said foreign judgment in our local courts. (Perkins v. Benguet Consolidated Mining Co., 93 Phil 1035) Foreign Judgment, if in personam
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Examples of Cases of Multiple Appeals 1. Action for expropriation Order of expropriation Judgment fixing the just compensation 2. Action for foreclosure of real estate mortgage Judgment on foreclosure Order confirming the sale 3. Action for partition Order of partition Judgment of partition 4. Action for recovery of property with accounting 5. Special proceedings Meaning of Residual Jurisdiction of the Court Prior to the transmittal of the original record to the appellate court, the trial court retains jurisdiction: 1. To issue orders for the preservation of the rights of the parties, which do not involve any matter litigated by appeal; 2. To approve compromise prior to transmittal of records; 3. To permit appeals by an indigent; 4. To order execution pending appeal; and 5. To allow withdrawals of appeals. (Albano) Nature of Partial Summary Judgment A partial summary judgment is interlocutory. (Prov. of Pangasinan v. CA, GR 104266) By way of exception, an appeal from a partial summary judgment may be made provided the court allows it. But where the exception is applicable, a notice of appeal and record on appeal would be necessary. (GSIS v. Philippine Village Hotel, GR 150922) Nature of Summary Judicial Proceeding
Appellate Jurisdiction
RTC Reverses the Order of Dismissal of the MTC RTC shall remand the case to the MTC for further proceedings since the reversal is an adjudication by it that the MTC has jurisdiction over the subject matter of the action. (Herrera v. Bollos, GR 13858) RTC affirms the Order of Dismissal RTC, if it has jurisdiction over the subject matter of the action, shall try the case on the merits as if the case was originally filed with it. If the RTC likewise has no jurisdiction, then it shall not try the case, and the case shall remain dismissed. What to File RULE 43 Administrative disciplinary cases of the Ombudsman Judgments of the CSC Judgments of the Office of the President RTC decision for intra-corporate disputes and corporate rehabilitation RULE 45 (SC) Decisions of the Sandiganbayan Decisions of the CTA en bank Judgment or final order of the RTC (original jurisdiction) Judgment, final order, or resolutions of the CA Judgment or final order in a petition for a writ of amparo to the SC questions of law, of fact, or both Judgment or final RULE 65 Decisions of the NLRC (CA) Cases where Ombudsman acted with GALAEJ and in criminal cases (SC) Judgments of the COMELEC (SC) Judgments of the Commission on Audit (SC)
RULE 45 Not a matter of right Every appeal to the SC is not a matter of right but of sound judicial discretion with the exception of cases where the penalty of death or reclusion perpetua where an appeal is a matter of right leaving the reviewing court without any discretion. (People v. Flores, GR 170565) Only Questions of Law GR: SC cannot pass upon in a petition for review on certiorari factual findings of a lower court. EX: 1. Where there is grave abuse of discretion; 2. When the finding is grounded merely on speculations, surmises or conjectures; 3. when the inference made is manifestly mistaken, absurd or impossible; 4. When the judgment of the CA was based on misapprehension of facts; 5. When the factual findings are themselves conflicting; 6. When the CA, in making its findings, went beyond the issues of the case and the same are contrary to the admissions of both appellant and appellee; 7. When the CA manifestly overlooked certain relevant facts not disputed by the parties and which, if properly considered, would justify a different conclusion; 8. Where the findings of fact of the CA are contrary to those of the RTC; 9. Where the findings of fact are mere conclusions without citation of specific evidence on which they are based; and 10. Where the findings of fact of the CA are premised on the absence of evidence and are contradicted by the evidence on record; 11. Writ of Amparo; 12. Writ of Habeas Data. (Riano) Certiorari under Rule 45 versus Petition for Review on Certiorari (R 45) Mode of appeal Continuation of the appellate Certiorari under Rule 65 Petition for Certiorari (R 65) Special civil action Independent action
May be directed against an interlocutory order or matters where no appeal may be taken from Questions of jurisdiction Filed not later than 60 days from notice of judgment, order or resolution, or from notice of denial of MR Prior MR is required Does not stay the judgment or order subject of the petition unless enjoined or restrained Parties are the aggrieved party against the lower court or quasijudicial agency and the prevailing parties
Mutually Exclusive Application GR: A party cannot file a petition both under Rules 45 and 65 of the Rules of Court. EX: For justifiable reasons as when the petition before the court is clearly meritorious and filed on time. Material Data Rule This requires the petitioner to indicate the material dates showing 1. When notice of the judgment, final or order subject of the petition was received; 2. When a MNT or MR, if any, was filed; and 3. When notice of the denial of MNT/MR was received. 60-day period GR: 60-day period must be considered non-extendible. EX: Good and sufficient reason can be shown. (LBP v. Saludanes, GR 146581)