Professional Documents
Culture Documents
Buyagan, Poblacion, La Trinidad, Benguet
Buyagan, Poblacion, La Trinidad, Benguet
COLLEGE OF LAW
Buyagan, Poblacion, La Trinidad, Benguet
WEEK ONE
What is a court?
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o Court of Appeals (CA)
o Regional Trial Court (RTC)
o MTC, MeTC, MTCC, MCTC
WEEK TWO
II JURISDICTION
What is jurisdiction?
Estoppel –
o Under the principle of estoppel in jurisdiction, a party cannot
invoke the court’s jurisdiction or actively participate in the
proceedings before said court and accept judgment only if
favourable, and attack it for lack of jurisdiction when adverse.
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Anything that exceeds P300K is RTC jurisdiction.
1. ORIGINAL jurisdiction
o Original Exclusive
o Original Concurrent
2. APPELLATE jurisdiction
A. Supreme Court –
B. Court of Appeals –
C. Sandiganbayan
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E. Metropolitan Trial Courts / Municipal Circuit Trial Courts /
Municipal Trial Courts / Municipal Trial Courts in Cities
o Where the filing fee is not paid in full, the court is not obliged to
dismiss the case but directs the filing party to pay the balance of
the filing fee within a specified period but within the prescriptive
or reglementary period.
WEEK THREE
Determination of applicability –
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The rules on –
R.A. No. 7160: Sections 399 to 422, Chapter 7, Title One, Book III
Sec. 4. Applicability–
Sec. 5. Commencement of Small Claims Action –
Sections 9 – 14
Sections 17 – 19
Sections 21 – 24
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VI REPUBLIC ACT NO. 7691 – AN ACT EXPANDING THE JURISDICTION
OF THE METCs, MTCs, MCTCs, MTCCs
Sec. 5 –
WEEK FOUR
Rule 1 –
What is venue?
Where is the venue of real and personal actions (Sections 1 & 2, Rule 4)?
Remember:
o Location of property
o Real actions are those affecting title to or possession of real property
o Personal actions – venue is where the plaintiff resides, or ……
o In case of a non–resident D, venue is where P resides or where D
may be found, at the election of P.
o The action is real if the principal relief affects title to or possession of
real property, otherwise, it is personal.
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o Actions or cases affecting personal status of plaintiff, venue is place
of residence of plaintiff.
o Actions affecting property of non–resident D located in the Phil. –
venue is location of property.
o United Overseas Bank v. Rosemoore Mining, March 12, 2007
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Who are the alternative and unknown defendants?
What is an impleader?
What is interpleader?
Cases –
Domingo v. Scheer, 421 SCRA 468
Uy v. CA, 494 SCRA 535
Alfelor v. Halasan, March 31, 2006
Perez v. CA, Jan. 27, 2006
Hinog v. Melicor, 455 SCRA 460
Dela Cruz v. Joaquin, July 28, 2005
Limbanan v. Acosta, June 30, 2008
WEEK FIVE
Pleadings defined –
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What distinguishes a motion from a petition or other pleading is not its
form or the title given by the party executing it, but rather its purpose.
Cases –
o Ao-as v. CA, 491 SCRA 353
o PAL v. FASAP, Jan. 24, 2006
o International Construction v. Feb Leasing, April 22, 2005
o Sps. Arquiza vs. CA
o Asaphil Cons’n vs. Tuason 508 SCRA 583
o Saludo Jr. vs. Am. Express Int’l, Inc.
o Solmayor vs. Arroyo 486 SCRA 326
o Citibank N.A. vs. Sabeniano
o Yu vs. PCIB
o Carpio v. Rural Bank, May 4, 2006
o Korea Exchange v. Hon. Gonzales, April 15, 2005
Notes on COMPLAINT:
The answer –
o Negative defense
o Affirmative defense:
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What can plaintiff do in case of defective answer (REMEDIES):
o Judgement on the pleadings may be filed (Rule 34);
o Motion for summary judgment may be filed (Rule 35).
The reply –
Supplemental pleadings –
Filing –
NOTE: Date of mailing is the date of filing –
NOTE: Filing of pleading shall be done personally.
NOTE that filing of pleadings includes the payment of
docket and other lawful fees.
Service of pleadings –
the act of providing a copy of the pleading upon the
party or his counsel, if there is a counsel, unless service
upon the party himself is ordered by the court.
Personal service
Service by registered mail
Substituted service
By personal service;
By registered mail;
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By publication of the order or judgment at the expense of
the prevailing party, ONLY WHEN summons was served
by publication.
WEEK SIX
XI OBJECTIONS TO PLEADINGS
motion to dismiss;
motion to suspend proceedings;
motion for bill of particulars;
motion to drop/add parties;
motion to severe cause of action;
motion to strike out;
motion for judgment on the pleadings;
motion for summary judgement.
The instances when the court may, MOTU PROPIO, dismiss a complaint –
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Grounds for dismissal of complaint on motion of defendant –
Lack of jurisdiction
Improper venue
Lack of legal capacity to sue
Litis pendentia
Statute of Limitations (prescription of actions)
Res Judicata – the binding or “preclusive effect of a
judgment”, Sec. 47, Rules 39, 1997 Rules of CP.
Insufficient allegations
Payment, waiver, abandonment, extinction
Statute of Frauds
Non–compliance with condition precedent for filing
Lack of certification against forum–shopping
Pleading asserting claims states no cause of action
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WEEK SEVEN
Purpose –
Definition –
Contents of summons –
Personal service;
By publication, together with a copy of the summons and
order of the court which must be sent by registered mail
to the last known address of D;
Any other manner which the court may deem sufficient;
Personal service
Substituted Service
Service by publication, sometimes known as Constructive
Service
Voluntary appearance –
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Cases –
Robinson v. Miralles, Dec. 12, 2006
Miranda v. Tuliao, March 31, 2006
Cezar v. Ricafort-Bautista, Oct. 31, 2006
WEEK EIGHT
What is a motion –
When to file –
Grounds –
Court has no jurisdiction over the person of the defendant
Court has no jurisdiction over the subject matter
Venue is improperly laid
Plaintiff has no legal capacity to sue
Litis pendentia
Res Judicata
Prescription – Statute of Limitations
The claim or demand has been paid, waived, abandoned or
otherwise extinguished.
Motions –
(a) To suspend proceedings
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(b) For bill of particulars
(c) To drop / add parties
(d) To severe cause of action
(e) To strike out
(f) For judgment on the pleadings
(g) For summary judgment
WEEK NINE
Dismissals
Upon plaintiff’s notice
On plaintiff’s motion
Due to plaintiff’s fault
Defaults –
Cases –
O.B. Jovenir v. Macamir Realty, March 28, 2006
Cruz v. CA, Feb. 13, 2006
CA v. Alvarez, Dec. 3, 2006
Pinga v. Santiago, June 30, 2000
Perkin Elmer v. Dakila Trading, Aug. 14, 2007
Gajudo v. Traders Royal Bank, March 21, 2006
Martinez v. Republic, Oct. 30, 2006
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XV MODES OF DISCOVERY
Determination of application –
Lañada v. CA, 375 SCRA 543
Modes of Discovery –
These modes are cumulative
Fortune Corp. v. CA, 229 SCRA 355
Deposition: Definition –
Ayala Land v. Tagle, Aug. 11, 2005
Hyatt Industrial v. Ley Construction, March 10, 2006
Deposition –
Deposition pending action (Rule 23)
Before MTC and RTC
With Leave of Court
Without leave of Court
Scope of Examination
When and How depositions are conducted
Effect of errors and irregularities in depositions
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o Locsin v. Sandiganbayan, Aug. 9, 2007
o Gerochi v. Dept. of Energy, April 5, 2005
Interrogatories to parties –
Purpose and nature
Service and failure to serve
Distinction between deposition (Rule 23 and written interrogatories
(Rule 25)
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WEEK TEN
When conducted –
Procedure –
Cases on Pre–Trial –
Teresita Monzon v. Spouses James and Maria, Sept. 17, 2008
Frisco F. San Juan v. The Sandiganbayan, August 6, 2008
RN Development v. A.I.I. System, June 26, 2008
J.R. Daan v. The Hon. Sandiganbayan March 28, 2008
Estanislao v. Alviola v. Judge Henry, Feb. 29, 2008
LCK Industries v. Planters, 538 SCRA 634
Mercury Drug v. Rep. Surety and Insur. Co., 538 SCRA 464
Republic v. Ildefonso Oleta, 530 SCRA 534
Dr. Emmanuel Vera v. Ernesto F. Rigor, 529 SCRA 729
Vivian Y. Locsin v. The Hon. Sandiganbayan, 529 SCRA 572
Heirs of Vicente Reyes v. The Hon. CA 519 SCRA 250
People v. Nicolas Guzman, 513 SCRA 156
Malayan Insur. V. Ipil International 500 SCRA 371
Crisostomo Alcaraz v. CA, 497 SCRA 75
Advance Textile v. Willy C. Tan, 464 SCRA 431
Eleuterio Olave v. Teodulo Mistas, 444 SCRA 625
Jonathan Landoil v. Spouses Suharto Mangudadatu, 436 SCRA 559
United Coconut v. Miguel Magpayo, 429 SCRA 669
Procopio Villanueva v. CA, 427 SCRA 439
Sixto m. Bayas v. The Sandiganbayan 391 SCRA 415
Spouses Mondedo v. CA, January 18, 1996
Silvestre Tiu v. Daniel Middleton, July 19, 1999
Air Philippines v. International Bus. Aviation, Sept. 9, 2004
XVII TRIAL
Order of Trial –
Trial Incidents –
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Subpoena –
Demurrer to Evidence –
Cases –
In Republic vs. Tuvera
In Manila Banking Corp. vs. Univ. of Baguio
Swagman Hotels v. CA, April 8, 2005
Republic v. Tuvera, Feb. 16, 2007
The Manila Banking Corp. v. UB, Feb. 21, 2007
WEEK ELEVEN
XVIII JUDGMENTS
Summary Judgment –
Ontimare v. Elep, Jan. 20, 2006
Asian Construction v. PCIB, April 25, 2006
Pineda v. Guevara, Feb. 14, 2007
Foreign Judgments –
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WEEK TWELVE
Modes of appeal –
Procedure on appeal –
Effects of appeal –
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On Petition for Review – Rule 42 –
Where :
Subject :
Nature :
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DISTINCTIONS between Rule 45 and Rule 65 –
On Annulment of Judgment –
Grande vs. UP
People vs. Bitanga
On Verification: “A pleading is verified by an affidavit that the affiant has read the
pleading and that the allegations therein are true and correct of his PERSONAL
KNOWLEDGE OR BASED ON AUTHENTIC RECORDS.”
“In actions filed under Rule 65, the petition shall further indicate the material
dates showing –
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WEEK THIRTEEN
Kinds of execution –
Satisfaction of judgment –
Rules on execution –
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WEEK FOURTEEN
Preliminary attachment –
When issued; Instances when it may be issued –
Requirements for its issuance –
Discharge and quashal of writ –
Preliminary injunction –
When issued; Instances when it may be issued –
Requirements for its issuance –
Discharge and quashal of writ –
Remedies against wrongfully issued injunction
Receivership –
When issued; Grounds for appointment of receiver –
Requirements for its issuance –
Replevin –
When issued; Instances when it may be issued –
Requirements for its issuance –
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WEEK FIFTEEN
Expropriation –
Republic vs. Guingoyon
Masikip vs. City of Pasig
Foreclosure of Mortgage
PNB vs. Sanao
Selegna Management vs. UCPB
Sps. Arquiza vs. CA
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Cases –
o Atuel vs. Valdez, July 10, 2003
o Aliabo vs. Carampatan, March 16, 2001
o Hilario vs. Salvador, April 29, 2005
o Barangay Piapi vs. Talip, 469 SCRA 409
o Laresman vs. Abellana, 442 SCRA 156
o Valdez vs. CA, May 4, 2006:
o Santos vs. Sps. Ayon, May 6, 2005:
o Racaza vs. Gozum, June 8, 2006:
o Benedicto vs. CA, Oct. 19, 2005:
WEEK SIXTEEN
The Amendments to the 1997 Rules of Civil Procedure which took effect 01 May 2020
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