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Albano Last Minute Tips
Albano Last Minute Tips
Jurisdiction
Concept
Conferred by law
Even for first time on appeal
What determines the court that vests jurisdiction allegations in the complaint
Civil v. criminal
Unlawful detainer- always MTC
Moral damages cannot be awarded in unlawful detainer
UD- limited to rental
Sum of money
Splitting of causes of action- forum shopping- administration of justice declog docket of
courts
Do not amount damages for determining jurisdiction EXC: if damages is the main cause of
action
Totality Rule
Real action- jurisdiction assessed value of the property 20k, 50k
Reconveyance with prayer for execution of deed of saleREAL ACTION
Right to repurchases (heirs of bautista)- incapable of pecuniary estimatation; title of the
property merely incidental to enforcement of right to repurchase
If the assessed value not in the complaintyou can identify in the attachments in the
complaint (annexes) example tax declaration
What if criminal case?
The nature of the action is determined by the elements in the information
Venue is jurisdictional territoriality
EXCS: continuing crimes (delicto continuado); RA 8042 (migrant workers act) intended to
protect victims of illegal recruitment; libel- people v. benipayoRTC alwayspenalty is
not determinative ;
If there is a compromise in barangay, and not repudiated10 days later becomes final
Modes of executing
1.
2. after 6 mos., go to court (MTC)
if 50M execute compromise, not the value of the money that determines
Chavez case- when there is no compliance in compromiseabandonment of compromise
and then enforcement of the original claim
Either
1. execute
2. abandon and go to court to insist
to go to court= abandonment= rescission of judgment on the compromise
Conclusive presumption
Jurisdiction v. Venue
Permissive v. Compulsory Joinder
In criminal?
Demurrer in Civil v. Criminal
PARTIES
Indispensable- there can be no final determination of the rights of the parties
- Failure to implead void judgment
Real party in interest
Necessary
Misjoinder or non-joinder is NOT a ground for dismissal regardless of kind of party
Court can order the party to implead
If despite order, court can dismiss for failure to obey the order of the court (rule 17)
Necessary party- buyer of property pendent lite
- No need to implead
- Again if despite order, fails to implead waiver of claim against the necessary party
Solidary co-debtor is NOT an indispensable party. Because you can claim against anyone
subject to right to reimbursement
Class suit
Oposa case
Venue
Designed for convenience of plaintiff
Exc: agreement (EXCLUSIVE)
NO motu propriomust be invokedotherwise waived (two sentence answer is the best
answer)
SHALL- not mean exclusivity
To be exclusive, words of exclusivity.
If real property, where property is located.
Foreclosure of mortgage is a real action.
HOWEVER, after the sale, to collect the balance, venue is now your option.
If corporation, look at the articles of incorporation first To know the residence of the
corporation (Davao Light Corporation case)
Suppose contract of sale over immovable property and there is an accessory mortgage over
the proeprty
- Construe contracts together to know the intention of the parties
-
Venue v. jurisdiction
- Matter of procedure/ law
- Waived
- Object of contract
Summary procedure
- Restrictively to attain ends of justice
- What if there is no answer?
- Prohibited pleadings because dilatory if filed
Motions
Omnibus motion rule- waiver if not raised
Exceptionsmay be dismissed motu proprio
Grounds for motion to dismiss
MTD is denied
- Remedy: answer filed and wait for judgment
- You cannot appeal because interlocutory
- Cannot file 65 EXC: GADALEJ and no speedy and adequate remedy
Motion to dismiss for lack of cause of action
Remedy: amend pleading and allege cause of action (matter of right)
Condition precedent
Judgment on the pleadings
- PNB case
Rule 17- two dismissal rule
- Bletran case
- Hontiveros case
- Effect: res judicata
Grounds to dismiss motu proprio (3 grounds)
Failure to prosecuteadjudication on the merits
- EXC: Co-ownership case (Quinto v. Guimaras) if res judicatayou will compel
parties to stay in coownership forever. If you rule res judicata, in effect will amend a
substantive law
MODES OF DISCOVERY
- Purpose
- But not if fishing expedition
- Request for admission
Demurrer to evidence
- Civil v. criminal
- Leave of court
- Effect
Judgment
- Vs. interlocutory
- Remedies against the judgment
o MR
Not supported by law, facts, evidence
Excessive damages
o MNT
FAMEN
Newly discovered evidence (material could change tenor of judgment
and could not have been produced despite diligent efforts)
Effect: trial de novo
o Appeal
Mendiola v. Court of Appeals : you can appeal denied MR. Denial of the
MR is in itself a final order
But normally you do not appeal a denial of MR. Just file an appeal of
the judgment itself. Because of the
San Jose Builders case. Neypes Rule applies only to JUDICIAL
PROCEEDINGS.
Appeal is only statutory
MTD is granted appealable
Perez v. Court of Appeals
- MTC no jd
- RTC said MTC has jdRTC should not remand. RTC should decide the case.
Institutionalization aspect
- If you appeal and there is a prevailing doctrine, the ruling will apply.
- Revisiting the ruling is also part of institutionalization
Eminent domain
- No motion to dismiss
- File opposition questioning public use/ compensation
o If tourism, and can be used by anybody public use
Rule 38
Petition for relief from judgment
- RTC, CA
- Within what period. 60 days from knowledge but not more 6 months from date of
entry
- Not subject to contingency but contingencies in themselves.