Professional Documents
Culture Documents
VARIOUS - Tuazon CivPro Reviewer (Salvador)
VARIOUS - Tuazon CivPro Reviewer (Salvador)
JURISDICTION
BP 129/ amended by RA 7691
Not capable of pecuniary estimation
Tijam
o
o
o
v Sibonghanoy:
Raised issue for first time on appeal
After participating in proceedings
Tijam case: 10 years pending: unreasonable delay
Must ask for POSTIVE action, not motion to dismiss for lack
of jurisdiction
2
Counsel can have qualified appearance then file motion
to dismiss after, for lack of jurisdiction
Differentiate:
RTC Jurisdiction
1.
2.
3.
4.
5.
6.
7.
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 2
MTC
1.
2.
3.
Small claims
Codal:
Sec 3
o
Ordinary/special
Sec 4 not applicable to:
o Election cases
o Land registration/cadastral
o Naturalization
o Insolvency
o And other cases not provided for unless by
analogy/suppletory character or practicable/convenient
Sec 5 COMMENCEMENT of action
o WHEN: filing of original complaint in court
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 3
o
o
o
Class notes:
Codal:
JOINDER:
GENERAL RULE: 1 suit for 1 cause of action
Ex. PN1 (250K MTC), PN2 (500K RTC), PN3 (350K MTC)
There are THREE causes of action
May be joined
NO requirement these have to arise from same transaction (if
there was, then there would be no totality rule)
If at least 1 is within RTCs jurisdiction, file in RTC
General rule: cannot join ordinary and special
R3, S6: can only apply when there are multiple parties on
either side
o BUT there must be commonality
Thus, DISTINGUISH:
Sec 1
o Ordinary cause of action: must be based on COA
Sec 2 COA defined
o Act or omission by which party violates a right of
another
Sec 3
o One suit per COA
Sec 4 splitting of COA (2 or more suits for one COA)
o Ground to dismiss others if:
Filing of one
Alternative or otherwise
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 4
As long as:
Motion of a party
Class Notes:
Differentiate:
Professional misconduct
Criminal case
CSP/JSP
And the like
Indigents
Sec 1
o Parties in a civil action:
Natural persons
Juridical persons
Authorized entities
o Plaintiff:
Counter-claimant
X-claimant
3rd/4th/etc-party
o Defendant:
Counter-claimant
X-claimant
3rd/4th/etc-party
Sec 2 parties in interest
o REAL PARTY IN INTEREST:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 5
Someone acting in fiduciary capacity: beneficiary
included in title of case and is R-P-in-I
o Agent acting in own name: may be sued/may sue w/o
joining principal
Or motu propio
At any stage
Sec 12
o
o
o
o
Sec 13
o
o
Sec 14
o
o
Sec 15
o
o
Sec 16
o
o
Sec 17
Within 30 days
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 6
o
o
Sec 18
o
o
Sec 19
o
o
Sec 20
o
o
o
o
Sec 21
o
o
Substituted
Be joined
action on Kal money claims
Recovery of money from K (express/implied)
Defendant dies before entry of FJ
It will NOT be dismissed until entry of FJ
Favorable judgment against estate
Indigent party
Upon ex parte application
Benefits:
Validity of treaty
Law
Ordinance
EO
PD
Rules or regulations
o Court may require Sol-Gen to appear
Personally
Or through representative
Codal:
Forcible entry
Unlawful detainer
Sec 2 personal actions
o Either, at plaintiffs election:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 7
Where plaintiff (any principal plaintif) resides
Where defendant (any principal defendant)
resides
o If non-resident defendant, where he may be found
Sec 3 non-residents
o If non-resident and not found in the Philippines
o Action: personal status of defendant or property of
defendant in Philippines
o Either:
Order:
o Complaint
o Answer
o Reply
o Pre-trial
o Judgment
Summary procedure:
o Complaint court can dismiss outright here
o Summons 10 days to file answer (not 15)
o Answer
Codal:
Sec 2 Terms
o MTC = municipal, metropolitan, municipal circuit trial
PROCEDURE IN RTCs
RULE 6 KINDS OF PLEADINGS
Class notes:
Codal:
Sec 1
o
o
Sec 2
o
o
o
o
o
Sec 3
o
o
Sec 4
o
Sec 5
o
pleadings defined
Written statements of respective claims and defenses
For courts judgment
pleadings allowed:
Complaint
CC
XC
3/4/x party claim
Complaint-in-intervention
complaint
Pleading alleging cause(s) of action
Names and residences of both P and D stated
answer
Pleading where defendant sets forth defenses
defenses:
Affirmative allegation of new matter (hypothetically
admitting material allegations), but would prevent/bar
recovery; ex:
Fraud
Prescription
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 8
Release
Payment
Illegality
SoF
Estoppel
Former recovery
Discharge in bankruptcy
Others
o Negative specific denial of facts alleged essential to
COA
Sec 6 CC
o Any claim defendant has against opposing party
Sec 7 Compulsory CC, reqs:
o Arising out of transaction constituting SM of claim
o And does not require presence of 3rd parties where
court cannot acquire J
o Within courts J as far as amount/nature
o Except: original action in RTC CC is compulsory
regardless of amount
Sec 8 XC
o Claim by party aginst co-party arising out of
transaction that is SM of the action, either:
Original action
CC
Sec 9 CCC and CXC
o CC may be against original CC
o XC may be against original XC
Sec 10 reply
o Function: deny or allege facts in denial or avoidance of
new matters raised as defense in answer
o If no reply: all new matters alleged in answer deemed
controverted
o If plaintiff wants new claims arising from new matters:
Amended complaint
Or supplemental complaint
Sec 11 3/4/x party complaint
o Claim that a defending party may file against non-party
to action
Distinguish:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 9
o
o
Board resolution
Minor
Incapacitated
Corporation can authorize anyone
Period runs
Can become final and executory
Codal:
Sec 1 caption
o Name of court
o Title of action
Names of parties
Indicate participation
Designation
Date of pleading
o Paragraphs
Relief
UPO by law/rule
o Pleading verified by affidavit that affiant has read it
and allegations are true (as to personal knowledge or
authentic records)
o May be treated as unsigned pleading:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 10
o
Contents:
Administrative sanctions
Sec 8:
Pleading:
o Allegations ultimate facts
o No evidentiary facts
Sec 5:
Codal:
Class notes:
Sec 1
o Plain, concise, direct statement of ultimate facts
o Omit evidentiary facts
o If defense is based on law: pertinent provisions and
applicability clearly and concisely stated
Sec 2 alternative causes of action/defense
o May set forth alternative/hypothetical claims/defense
Or separate COAs/CODs
o If alternative, but one would be independently
sufficient, pleading is not made insufficient as a whole
by insufficiency of one/more alternative
Sec 3 conditions precedent
o General averment of performance/concurrence of
conditions precedent sufficient
Sec 4 capacity
o Aver:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 11
Domestic/foreign court
Judicial/QJ tribunal
Board/officer
o Just aver the judgment without setting forth matter
showing J to render judgment
Sec 7 action/defense based on document
o Substance of instrument/document set forth in
pleading
STATE THIS
Effect of denial
Sec 11
o Material averment not denied, deemed admitted
Computation of time:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 12
Court may either:
Codal:
Litis pendentia
Res judicata
Statute of limitations
Sec 2
o CCC, XC not set-up
o IS BARRED
Sec 3 declaration of default
o Can declare default:
Grant relief
To clerk
o Effect:
Extent
Where
of relief:
Not exceed amount
Not different in kind from that prayed for
No unliquidated damages
no defaults allowed:
In annulment/nullity of marriage/legal
separation
Court orders prosecuting attorney to
investigation if collusion exists
If no collusion, intervene to see that evidence
is not fabricated
MATTER OF RIGHT:
When:
o Before response
After answer
Substantive
But if formal, STILL a matter of right
Codal:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 13
Allegations
Names of parties
o Correcting mistake:
in name of party
Opportunity to be heard
Sec 4 FORMAL AMENDMENTS
o May be summarily corrected
o AT ANY STAGE of action
o Either:
Upon motion
o There must be no prejudice to other party
Sec 5
o Issues not raised by parties tried with express/implied
consent treated as if raised
o Amendment to conform to evidence presented:
o
o
o
o
Upon motion
Upon reasonable notice and just terms
Set forth transactions, occurrences, events, since
pleading sought to be supplemented
Adverse party plead against within 10 days of notice
of admission of supplemental pleading
Sec 7
o
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 14
Hold hearing
So 8 days remain
Codal:
What needed:
Defect
Paragraph number
Details needed
Period:
Complaint: 15 days
Answer: 15 days
Reply: 10 days
Court action:
Deny
Grant
o
Sec 1
o
Defects
Paragraph
Details desired
Sec 2 action by court
o Upon filing, clerk brings it to courts attention
o Court may:
Deny outright
Grant outright
Hear parties
Sec 3 compliance with order
o If granted compliance must be within 10 days from
notice of order (UPO)
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 15
Either:
Separate pleading
Amended pleading
Sec 4 effect of noncompliance
o Either:
Insufficient compliance
o Court may order striking out of portions or other order
Sec 5 period to file responsive pleading
o Applies after:
Registry receipt
Proof of service:
Completeness of service:
Personal: receipt
Registered mail: actual receipt
o or 5 days after notice of postmaster
o Whichever comes first
Ordinary mail: 10 days after mailing
Class notes:
Filing:
Service:
Proof of filing:
Lis pendens:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 16
Deposit copy in post office in sealed envelope
addressed to party/counsel at office
If failed to appear
UPO
o Registered mail actual receipt by addressee
Whichevers earlier
Sec 11 priorities
o PERSONAL SERVICE is priority
o Papers served in other ways must be accompanied by
written explanation why not personally
personally: by written/stamped
acknowledgement by clerk on copy
Codal:
Sec 1
o
o
Sec 2
o
o
Sec 3
o
o
Sec 4
o
o
Sec 5
Sec 6
o
o
o
Sec 7
o
UPO by court
One counsel for several parties just one copy of paper
needed
manner of filing
1. Present original copies personally to clerk
Situations:
If no person in office
Or no office
Between 8 am to 6 pm
by mail
Registered mail
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 17
registered mail: registry receipt and affidavit of
person mailing stating concurrence of
requirements in sec 7
Sec 13 proof of service
o Personal:
Date
Place
Manner of service
o Ordinary mail:
Affidavit
In ROD
RULE 14 SUMMONS
Class notes:
Rules:
Non-juridical entity:
Any member
Or person-in-charge
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 18
Distinguish:
In personam:
o Particular persons
o Bind them only
In rem:
o Bind versus the whole world
Quasi-in-rem:
o Particular persons, but bind the whole world
o But dont need them as long as J over the res attained
Distinguish:
Codal:
Sec 1
o
o
o
Sec 2
o
o
o
o
o
Filing of complaint
Directed to defendant
Signed by clerk
1. Name of court and parties
2. Direction that defendant answers within fixed time
3. Notice that if no answer, plaintiff takes judgment by
default
o ATTACH to original and each copy of summons:
Copy of complaint
To plaintifs counsel
Personally
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 19
Or registered mail
Sec 5 ALIAS SUMMONS
o Def: issued when the original summons did not produce
desired effect, and thereafter supercedes it
o TWO SITUATIONS
o 1. Return of summons without it being served on any
or all defendants
Within 5 days
o 2. Summons has been lost
Sec 6
o Preferred: service in person
o If he refuses tender it to him
Sec 7 substituted service
o If it cannot be served within reasonable time as
provided:
o 1. Leave copies of summons at defendants residence
with person of suitable age and discretion
o 2. Leave copies at defendants office with competent
person
Sec 8 entities without juridical personality
o Sued under name generally/commonly known
o Either:
1. All defendants
o Or in-house counsel
Sec 12 foreign private juridical entity which has transacted
business in the Philippines
o Resident agent
o Or if none, government official provided by law
o Or any of its officers/agents within Philippines
Sec 13 public corporations
o If RP: service effected on Sol-Gen
o Province, city, municipality, public corporations:
executive head/other officers as court may direct
Sec 14 upon defendant with unknown whereabouts
o Either:
1. Unknown owner
1. Personal status
1. Personal service
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 20
Made in writing by server
Postage prepaid
Omnibus motion:
Sec 1
Sec 2
o
o
Sec 3
o
o
o
RULE 15 MOTION
Class notes:
Motion day:
Sec 4
o
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 21
Motion attacking pleading, order, judgment,
proceeding include all objections then available
o Else, waived
Sec 9 motion for leave to file a pleading or motion
o ATTACH pleading or motion sought to be admitted
Sec 10 Form
o Rules re: pleadings apply to written motions (caption,
designation, signature, matters of form)
o
Other grounds:
1. Lack of J over SM
o Provided by law
o Can be raised anytime
2. Prescription
3. Res judicata
o 1. Previous FJ
o 2. J over SM and parties
o 3. Judgment over merits
o 4. Identity of parties, SM, cause of action between first
and second actions
4. Litis pendentia
o Another action pending for same cause between
parties
o Test of forum shopping is either R.J. or L.P.
o Jurisprudence raise forum shopping at earliest
opportunity
Hearing:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 22
Discretion of court:
Dismiss action
Dismiss motion
Order amendment
Codal:
Sec 1 Grounds
o 1. Court has no J over defending partys person
o 2. Court has no J over subject matter
o 3. Venue improperly laid
o 4. Plaintiff has no legal capacity to sue
o 5. Litis pendentia
o 6. Res judicata/prescription
o 7. No cause of action
o 8. Claim/demand paid, waived, abandoned,
extinguished
o 9. SoF
o 10. Condition precedent for filing claim not complied
with
o Before filing answer to complaint or pleading asserting
claim
Sec 2 hearing of motion
o Qs of law: submit arguments
o Qs of fact: submit evidence
Dismiss action/claim
Deny motion
UPO by court
Sec 5
o What cannot be re-filed:
Prescription
Extinguished
Res judicata
SoF
o Subject to right of appeal
Sec 6 if no motion to dismiss filed
o Can still use any of the grounds as affirmative defense
o Courts discretion: preliminary hearing as if motion to
dismiss filed
o Dismissal: without prejudice to prosecution of
same/separate action in counter-claim
o
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 23
RULE 17 DISMISSAL OF ACTIONS
RULE 18 PRE-TRIAL
Service of answer
Responsive pleading
judgment on pleadings
summary judgment
If no counsel: party
o Counsel charged with duty to notify party
Sec 4 Appearance of parties
o Appearance is a duty
o Non-appearance only excused if:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 24
Issues to be tried/resolved
Docus/exhibits to be presented
Matters taken up
Action taken
Amendments allowed
Agreements/admissions
o Order explicitly limits issues to be tried
RULE 19 INTERVENTION
Subpoenas
o Subpoena ad testificandum require with him to
attend and to testify at the hearing/trial, investigation,
or taking of deposition
o Subpoena duces tecum BRING WITH HIM books,
documents, other things in his control
Who issues:
o 1. Court where witness must attend
o 2. Court where deposition will be taken
o 3. Officer/body conducting investigation
o 4. Any justice of SC/CA in any case/investigation
pending
Quashing a subpoena
o Ad testificandum
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 25
Witness not bound thereby
Witness fees and kilometrage not tendered
upon service of subpoena
o Duces tecum
Unreasonable/oppressive
How to compute:
o Day of act/event commencing period excluded and last
date for performance included
DISCOVERING EVIDENCE
Depositions Pending Action (Rule 23)
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 26
100 KM
R 21,S10)
Analogous circumstances
What is the effect of substitution of parties on right to use
depositions previously taken?
o WILL NOT AFFECT IT
o In a subsequent proceeding involving same subject
matter between same parties can be used
What is the effect of taking depositions?
o A party shall not be deemed to make a person his own
witness by taking his deposition.
What is the effect of using depositions?
o The deponent is made a witness of the party
introducing the deposition.
Before whom?
o Within the Philippines (Sec 10)
1. Judge
2. Notary Public
can deny
OR cut short
OR choose questions
Process of deposition (Sec. 17, 19, 20, and 21) (IF THERE IS
DEFECT IN THE PROCEDURE, THEN THERE CAN BE MOTION TO SUPPRESS
THE DEPOSITION. BUT IF THE DEPOSITION WAS TAKEN IN FRONT OF THE
JUDGE WHERE THE ACTION IS PENDING, THESE RULES CAN BE RELAXED.
AYALA CASE)
o Taking of testimony by stenographic notes
o Signing of the witness (CAN BE WAIVED, IF BOTH PARTIES
AGREE)
o Certification of the officer
o Placing in sealed envelope
o Filing in court
o Notice of filing
What are the effects of errors and irregularities?
o As to notice
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 27
As to manner of preparation
Interrogatories to parties
Any party desiring to elicit material and relevant facts from any
adverse parties under the same conditions as R1 S23
How to apply?
O
By filing and serving upon the adverse parties written
interrogatories
How many days to respond to written interrogatories?
O
Within 15 days after service
How many days to oppose the written interrogatories?
O
Within ten days after service
What is the effect of failure to serve written interrogatories?
O
A party not served with written interrogatories may not
be compelled by the adverse party to give testimony in
open court, or to give deposition pending appeal
O
ONE CANNOT CALL THE OTHER PARTY TO THE WITNESS STAND,
UNLESS WRITTEN INTERROGATORIES WERE TAKEN AGAINST THAT
OTHER PARTY.
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 28
AN ADVERSE PARTY WITNESS IS DIFFERENT FROM AN ADVERSE
PARTYS WITNESS. THIS SECTION CONTEMPLATES CALLING THE
OTHER PARTY TO THE STAND.
O
Exception: in the interest of justice
What is the scope and use of interrogatories under Rule 25?
O
The interrogatories may relate to any matter in R23 S2
and answers may be used for same purpose in R23 S4
What is the effect of failure or refusal to answer the written
interrogatories?
O
The case may be dismissed or they may be a judgment
by default
O
BUT IT MUST BE AN IMPORTANT OR MATERIAL FACT TO THE CASE.
What to file?
O
Motion with notice to the other party
What are the contents of the Motion?
O
Request that an order be issued directing a party to
produce and permit inspection and copying or
photographing of any designated documents, papers,
books, accounts, letters, photographs, or object not
privileged
O
Requesting that an order be used allowing a party to
enter upon a land or property in the possession/control
of another to inspect, etc. TAKE NOT OF THIS
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 29
same mental or physical condition. THIS IS POTENTIALLY
DANGEROUS
Materiality of evidence
Ex parte
In default
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 30
MAY NOT issue subpoena duces tecum unless
ordered by the court
Rule 31 Consolidation or Severance
Reference by consent:
o Written consent by both parties
o Any or all of the issues in case may be referred
Reference ordered on motion:
o When parties do not consent
o Either party applies or motu propio
o WHEN:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 31
Appeal
MNT
MR
After finality
Annulment of judgment
Rule 37 MNT/MR
Discovered after
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 32
CTC of judgment
Clerical errors/mistakes
Clarify ambiguity
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 33
Judgments not stayed by appeal:
Injunction
Receivership
Accounting
Support
EXECUTION:
To obligee if present
By levy
o If cannot pay in cash/CBC/acceptable form of payment
o Choice of property:
At cost of obligor
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 34
Removal of improvements on property subject to
execution
o
o
Describe property
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 35
Penalties:
o Officer selling without notice:
5K to person injured
5K to person injured
Manner of sale:
o Public auction
o After amount satisfied, no more sale return the
property to the obligor
o
Property with several lots sell separately
o Obligor can direct order of sale
o Officer and his deputies cannot purchase or become
indirectly interested in the purchase of properties
Refusal to pay:
o Officer may sell to another person
o OR the court may order payment, and punish for
contempt if he fails
o Give to obligee, unless there was full satisfaction give
to obligor
Irregular proceedings
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 36
o
Remedies:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 37
When:
o MTC RTC
o RTC (orig. J) CA
No extension
When:
o
o
Time
o
o
May be:
o motu propio
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 38
o or upon motion
Grounds:
o Non-payment of docket fees and other lawful fees
o Filed out of time
Briefs
o Appellants brief
CONTENTS:
Subject index
Assignment of errors
Statement of facts
Statement of issues
Argument(s)
Relief
o Appellees brief
CONTENTS:
Subject index
Argument(s)
o Appellants reply brief
Special cases
o No briefs
o MEMORANDA 30 days, not 45
o Non-extendible period
PETITION FOR REVIEW
When:
o RTC (appellate J CA)
File in CA
o Perfection: filing + payment of fees
o RTC loses J upon the concurrence of above + expiration
of period to appeal by all other parties
o There will be stay of judgment/FO unless summary
procedure
Time
o Within 15 days from:
Notice of decision
OR denial of MNT/MR
o Extensions
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 39
Can only be reviewed by CA on Rule 65, not this rule
(43) (St. Martins Funeral Homes)
Requirements are practically the same as Petition for Review,
but in addition, all copies are CERTIFIED TRUE COPIES
RTC has original J for intra-corporate disputes and rehabilitation
o Remedy for judgments on these fall under THIS rule
(43), because it is akin to exercise of Q-J power by the
RTC, to CA (2005 SC Circular)
o
When:
o Where only questions of law are raised/involved to SC
Time
o Within 15 days from notice of the judgment/FO or
denial of MNT/MR
o May grant one 30 day extension
Grounds to dismiss:
o Failure to pay docket fees
o No proof of service
COURT ACTION:
o Deny petition if:
Without merit
Original actions:
o Certiorari
o Prohibition
o Mandamus
o Quo warranto
CONTENTS
o Full names and actual addresses of pets and
respondents
o Statement of matters/case
o Grounds relied on for relief
Annulment of judgment/FO/resolutions
ONLY grounds:
o Extrinsic fraud
When
o RTC CA
o MTC RTC too!
COURT ACTION:
o Dismiss outright if no substantial merit
o Give due course if there is prima facie merit
Effect of judgment:
o Set aside without prejudice to refilling in proper court
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 40
Suspend prescriptive period for refiling of
action from original action to finality of
judgment of annulment
Motions:
Required votes
o UNANIMOUS by default
o If not unanimous, raffle two judges to form a group of 5
majority vote
Harmless errors:
MR and MNT
MR
o Within 15 days of notice of judgment/FO
o NO 2nd MR allowed
o Resolved within 90 days (different from TC, which is 30
only)
o Pendency causes stay of execution
MNT
o FAME is NOT a ground in MNT in CA!!!
o ONLY newly discovered evidence
o When: after perfected appeal AND before CA loses J
o Resolved within 90 days too
SUPREME COURT
Original cases
o C,P,M,QW
o HC
o Disciplinary proceedings against member of
judiciary/attorneys
o Cases affecting ambassadors, other public ministers,
consuls
Appeal:
o Only through petition for review on certiorari
o Except where there is death, reclusion perpetua, or life
imprisonment in criminal case
Grounds to dismiss appeal:
o 1. Failure to take appeal within reglementary period
o 2. Lack of merit in petition
o 3. Failure to pay docket fee
o 4. Failure to comply with requirements for proof of
service/documents
o 5. Failure to comply with SC order/circular/directive
with no just cause
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 41
6. Error in choice/mode of appeal
PROVISIONAL REMEDIES
Rule 57 Preliminary Attachment
Grounds:
1. Action for recovery of specified amount of money against one
about to depart the Philippines with intent to defraud
a. Except moral or exemplary damages
b. Arising from law, K, quasi-K, delict, quasi-delict
2. Action for money embezzled/fraudulently misapplied or
converted to own use by the public officer or one with fiduciary
capacity
3. Recovery of property unjustly/fraudulently concealed,
removed, or disposed to prevent its being found
4. Action against party guilty of fraud in contracting obligation or
performance
5. Action against party who removed/disposed property or about
to, to defraud creditors
6. Party who does not reside and is not found in the Philippines
Two ways:
Ex parte:
o Part of initiatory pleading no notice required
Non-resident
Motion:
o Pending action
o To court where action is pending/CA/SC
BUT the other party may give a bond equal to the value of
property sought to be attached to defeat it
Requirements:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 42
Where property claimed by third person:
Obligee may file suit against 3rd party for a frivolous claim
When judgment enforced:
Note: there can be ordinary civil action for injunction too, but
this rule talks about injunction as a remedy
Nature: order granted at any stage of action prior to
judgment/final order, requiring a party/court/agency from doing
an act
o If it requires instead of prevents, then it is a
preliminary mandatory injunction
Requisites:
1. Clear and unmistakable right (Greenfields v Medina)
2. Would cause breach to applicant
3. Would result to grave or irreparable injury
a. Thus, cannot be given a monetary value
Requirements:
Give bond
Shown to be insufficient
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 43
Rule 59 Receivership
Rule 60 Replevin
Intent: to preserve
ONLY provisional remedy that can be asked after judgment is
final and executory
Need to file bond
o To compensate in case claim is frivolous
o If insufficient bond, then it may be challenged
o BUT if the bond of the other party is also insufficient,
then receivership may be appointed/re-appointed
Counter-bond by other party to deny/discharge receivership
Receiver ALSO gives bond and says oath
Grounds:
1. When the property is in danger of being lost, removed, or
materially injured
2. In action for foreclosure of mortgage, when the property is in
danger of being dissipated, value might be made insufficient to
discharge the mortgage debt, or parties have stipulated
3. AFTER JUDGMENT, to preserve property during appeal
pendency
a. Appellate court may allow court of origin to hear
receivership application
4. Other cases where appointment of receiver most convenient
and feasible means to preserve (catch basin)
Effects:
Requirements:
1. Affidavit:
a. Show that he is owner of property and entitled to
possession
b. Show that property is wrongfully detained by other
party
c. Show that property was not seized for tax
assessment/fine under law/under execution or
attachment/custodia legis
d. Show actual market value
2. Bond
a. Double the actual market value stated
b. Counter-bond: ALSO double the value
Where property claimed by third person:
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 44
Nature:
o Conflicting claims over same subject matter and
person initiating interpleader HAS NO INTEREST
whatsoever over the subject matter
o Compel the parties to litigate their claims
Any party may file motion to dismiss
o Due to impropriety of interpleader as action
o Or any other grounds in Rule 16
Filing fees paid by complainant
o Treat as lien on judgment
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 45
Impleaded persons:
Certiorari
o NOT an appeal
o When:
When/where:
If act/omission of MTC/corporation/board/officer/person:
o In RTC exercising J over the territorial area
o Or in the CA/Sandiganbayan
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 46
Effects:
Court may punish lawyers who file these patently dilatory and
unmeritorious petitions
Rule 66 Quo Warranto
Against:
o 1. Person who usurps or unlawfully holds public
office/position/franchise
o 2. Public officer who does act that constitutes ground
for forfeiture of public office
o 3. Association which acts as a corporation within the
Philippines without lawful incorporation
Two stages:
o Expropriation
o Just compensation
Real/personal property
If no objection or defense:
o Respondent just files appearance and manifestation
o Becomes entitled to notice of all proceedings
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 47
o No CC/XC/3p allowed
All objections not given deemed waived
o Except amendments within 10 days of answer
BUT regardless, if there is appearance or answer, respondent
MAY file claim for just compensation
THEN, court gives order of expropriation
o May be appealed by any aggrieved party
o BUT this does not stop just compensation proceedings
from pushing through
3 commissioners ascertain just compensation
o Assess consequential damages and consequential
benefits for the owner. BUT consequential benefits
cannot exceed consequential damages.
Commissioners report
o Parties have 10 days to object
o Court may: accept, recommit for further report on
facts, set aside and appoint new commissioners,
accept in part, make any order to secure rights
If there are conflicting claims:
o Any compensation paid for the property must be paid
to the court to benefit the person adjudged to be
entitled thereto
o Payment needed before entry but if there was entry
already, court keeps the money for public use
After favorable judgment:
o Pay just compensation AND THEN enter and
appropriate
o Or if there was prior payment for entry, may RETAIN
o Entry not delayed by appeal
JUDICIAL FORECLOSURE
o Not extra-judicial foreclosure under Act 3135
Procedure
COMPARE:
Banking Law
o Bank possesses after auction and receives profits and
rents
o The mortgagor can post a bond to recover
Need to prove:
o Prior physical possession
o Force, intimidation, strategy, stealth, threat
R. G. Tuazon | Civil Procedure CODAL + CLASS NOTES | Atty. Tranquil Salvador | SY 2008-09, 2nd sem | 48
Will not bar subsequent action between same parties
respecting TITLE to the property
IMMEDIATE EXECUTION OF JUDGMENT
o MTC unless appeal perfected AND appellant files a
supersedeas bond
o RTC immediately executory without prejudice to
appeal
Rule 71 Contempt
Direct contempt
o Punished summarily
o In presence of judge or court
o Punishment:
Indirect contempt
o Charge is in writing
o Grounds:
Disobedience to lawful
writ/order/process/judgment of court or
entry/inducing entry into a property which has
been adjudged upon