REMREV MIDTERMS
POSSESSION OF, REAL PROPERTY, or any
The rule that procedural laws are applicable to pending
actions or proceedings admits certain exceptions. The rule
does not apply where the statute itself expressly or by
necessary implication provides that pending actions are
excepted from its operation, or where to apply it to pending
proceedings would impair vested rights. Under appropriate
circumstances, courts may deny the retroactive application
of procedural laws in the event that to do so would not be
feasible or would work injustice. Nor may procedural laws
be applied retroactively to pending actions if to do so would
involve intricate problems of due process or impair the
independence of the courts."
CA
ORIGINAL JURISDICTION to issue:
• Writs of MANDAMUS, PROHIBITION,
CERTIORARI, HABEAS CORPUS AND QUO
WARRANTO
• And AUXILLARY WRITS OR PROCESSES
• WHETHER OR NOT IN AID OF ITS APPELLATE
JURISDICTION
EXCLUSIVE ORIGINAL JURISDICTION over
• Actions for ANNULMENT OF JUDGMENTS OF
RTCs
EXCLUSIVE APPELLATE JURISDICTION over ALL FINAL
JUDGMENTS, DECISIONS, RESOLUTIONS, ORDERS or
AWARDS of RTCs and QUASI-JUDICIAL AGENCIES,
instrumentalities, boards or commissions, including the:
• SEC
• Social Security Commission
• Employees Compensation Commission
• CSC
Except those falling within the appellate jurisdiction of the
SC in accordance with the Consti, Labor Code of the PH
The CA shall have the power to:
• Try cases
• Conduct hearings
• Receive evidence
• Perform any and all acts necessary to resolve
factual issues raised in cases falling within its
original and appellate jurisdictions
• Including the power to grant and conduct new
trials or further proceedings
Trials or hearings in the CA must be CONTINUOUS & must
be COMPLETED WITHIN 3 months unless extended by the
CHIEF JUSTICE
RTC
RTCs shall exercise EXCLUSIVE ORIGINAL JURISDICTION
• In ALL civil actions in which the subject of the
litigation is INCAPABLE OF PECUNIARY
ESTIMATION
• In ALL civil actions which involve the TITLE TO, OR
interest therein
o Where the ASSESSED VALUE of the
property EXCEEDS 20K pesos or for civil
actions in METRO MANILA where such
value exceeds 50K pesos
o Except actions for forcible entry into and
unlawful detainer of lands or builfidings,
original jurisdiction over which is
conferred upon the Metropolitan Trial
Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts
• In ALL actions in ADMIRALTY & MARITIME
jurisdiction
o Where the demand or claim EXCEEDS
300K or in Metro Manila where such
demand or claim exceeds 400K
• In ALL MATTERS OF PROBATE
o Both testate and intestate
o Where the GROSS value of the estate
exceeds 300K or in probate matters in
metro manila, where such value exceeds
400K
• In ALL CASES NOT WITIHIN THE EXCLUSIVE
JURISDICTION of any court, tribunal, person or
body exercising jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial
functions
• In ALL CIVIL ACTIONS and SPECIAL
PROCEEDINGS falling within
o The exclusive jurisdiction of a Juvenile
and Domestic relations Court and
o Court of Agrarian Relations as now
provided by law
• In ALL OTHER CASES in which the demand
o EXCLUSIVE OF INTEREST, DAMAGES
OF WHATEVER KIND, ATTORNEY’S
FEES, LITIGATION EXPENSES AND
COSTS
o Or the value of property in controversy
exceeds 300K or in such other cases in
Metro Manila where the demand,
exclusive of the abovementioned items
exceeds 400K
ORIGINAL JURISDICTION IN OTHER CASES
RTCs shall exercise original jurisdiction
• In the issuance of WRITS OF CERTIORARI,
PROHIBITION, MANDAMUS, QUO WARRANTO,
HABEAS CORPUS AND INJUNCTION
o Which may be enforced in any part of
their respective regions and
• In actions AFFECTING AMBASSADORS AND
OTHER PUBLIC MINISTERS AND CONSULS
APPELATE JUSDICTION
• RTC shall exercise appellate jurisdiction over ALL
cases decided by the MetC, MTC and MCTC in
their respective jurisdictions
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SPECIAL JURISDICTION
• The SC may designate certain branched of the
RTC to handle EXCLUSIVELY
o Criminal cases
o Juvenile and domestic relations cases
o Agrarian cases
o Urban land reform cases which do not fall
under the jurisdiction of quasi-judicial
bodies and agencies
o And/or such other special cases as the
SC may determine in the interest of a
speedy and efficient administration of
justice
MTC
MTC, MeTC and MCTC shall exercise
EXCLUSIVE ORIGINAL JURISDICTION over
• Civil actions and PROBATE PROCEEDINGS,
testate and intestate
• INCLUDING THE GRANT OF PROVISIONAL
REMEDIES IN PROPER CASES
• Where the value of the personal property, estate or
amount of the demand
• DOES NOT EXCEED 300k or, in Metro manila
where such personal property, estate or amount of
the demand DOES NOT EXCEED 400K
o EXCLUSIVE OF INTEREST, DAMAGES
OF WHATEVER KIND, ATTORNEY’S
FEES, LITIGATION EXPENSES AND
COSTS
§ The amount of which must be
specifically alleged
o Provided that EXCLUSIVE OF INTEREST,
DAMAGES OF WHATEVER KIND,
ATTORNEY’S FEES, LITIGATION
EXPENSES AND COSTS shall be
included in the determination of the
filing fees
• PROVIDED FURTHER, THAT WHERE THERE
ARE SEVERAL CLAIMS OR CAUSES OF
ACTION BETWEEN THE SAME OR DIFFERENT
PARTIES EMBODIED IN THE SAME
COMPLAINT
o THE AMOUNT OF THE DEMAND
SHALL BE THE TOTALITY OF THE
CLAIMS IN ALL THE CAUSES OF
ACTION
o IRRESPECTIVE OF WHETHER THE
CAUSES OF CTION AROSE OUT OF
THE SAME OR DIFFERENT
TRANSACTIONS
EXCLUSIVE ORGINAL JURISDICTION OVER CASES OF
FORCIBLE ENTRY AND UNLAWFUL DETAINER
• Provided, that, when, in such cases, the defendant
RAISES THE QUESTION OF OWNERSHIP IN HIS
PLEADINGS AND THE QUESTION OF
POSSESSION CANNOT BE RESOLVED WITHOUT
DECIDING THE ISSUE OF OWNERSHIP
o The issue of ownership shall be resolved
only to determine the issue of
possession; and
EXCLUSIVE ORIGINAL JURISDICTION IN ALL CIVIL
ACTIONS which involve the title to, or possession of, real
property, or any interest therein where the ASSESSED value
of the property or interest DOES NOT EXCEED 20K or in
civil actions in Metro Manila were such value DOES NOT
EXCEED 50K EXCLUSIVE OF INTEREST, DAMAGES OF
WHATEVER KIND, ATTORNEY’S FEES, LITIGATION
EXPENSES AND COSTS
• Provided that in cases of land NOT DECLARED for
taxation purposes, the value of such property shall
be determined by the assessed value of the
adjacent lots
DELEGATED JURISDICTION IN CADASTRAL AND LAND
REGISTRATION CASES
MTC, MeTC and MCTC may be assigned by the SC to hear
and determine
• Cadastral or land registration cases
• Covering lots where there is NO controversty or
opposition
• Or CONTESTED lots where the value of which
DOES NOT exceed 100K
• Such value to be ascertained by the affidavit of the
claimant or by agreement of respective claimants if
there are more than one, or from the
corresponding tax declaration of the real property
• THEIR DECISION IN THESE CASES SHALL BY
APPEALABLE IN THE SAME MANNER AS
DECISIONS OF THE RTC
SPECIAL JURISDICTION IN CERTAIN CASES
• In the absence of all the RT judges in a province or
city
• Any Metropolitan Trial Judge, Municipal Trial
Judge, Municipal Circuit Trial Judge
• May hear and decide petitions for a WRIT OF
HABEAS CORPUR
o Or applications for bail in criminal cases
in the province or city where the absent
RT judges sit
The Supreme Court shall have the following powers:
Exercise original jurisdiction over cases
• Affecting ambassadors, other public ministers and
consuls, and
• Over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus.
Review, revise, reverse, modify, or affirm on appeal
or certiorari, as the law or the Rules of Court may provide,
final judgments and orders of lower courts in:
• All cases in which the constitutionality or validity of
any treaty, international or executive agreement,
law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.
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 • All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in
relation thereto.
• All cases in which the jurisdiction of any lower
court is in issue.
• All criminal cases in which the penalty imposed
is reclusion perpetua or higher.
• All cases in which only an error or question of law
is involved.
Rule making power of SC liitations
(1) Simplified & inexpensive procedure for speedy
disposition of cases
(2) Uniform for all courts of the same grade
(3) Shall not diminish, increase or modify substantive
rights
Rule 2
Cause of action
• Existence of a right
• Violation or a threat to violate the right
• Conditions precedent required
If a case is covered by prior barangay conciliation and there
is no allegation that this condition precedent has been
satisfied
• Absence of allegation does NOT deprive the court
of jurisdiction
• Ground will be FAILURE TO STATE CAUSE OF
ACTION
One wrongful act could give rise to 2 or more causes of
action, depending on the number of rights that are violated
by this wrongful act –– as long as these rights belong to
DIFFERENT PEOPLE
Acceleration clause – default in one installment will cause
the entirety of the obligation to become due
Each installment due and unpaid will give rise to one cause
of action but –– If at the time of the filing of the complaint all
the installments have become due and are defaulted, only
one complaint can be filed by the creditor
Anticipatory breach of contract
§ The general rule is that a creditor cannot compel
the debtor to perform his obligation before
maturity. Before the obligation matures, the
creditor has no right whatsoever to compel the
debtor to perform his obligation
§ But if the debtor tells the creditor before maturity
that he has no intention at all of paying his
obligation – civil law considers that as a breach of
contract
Splitting a cause of action – act of dividing one cause into
several parts and making each part a basis for a separate
complaint
§ Remedy of defendant: MOTION TO DISMISS
o Splitting could lead to litis pendencia or
res judicata
o Litis pendencia
§ Court can only dismiss one of
the cases
§ Court has to retain the other
case
Absence of certificate of non-forum shopping – FAILURE
TO STATE A CAUSE OF ACTION
§ Cannot be cured by amendment
§ In absence of certificate of non-forum shopping –
ALL CASES WILL BE DISMISSED
o If proven to be DELIBERATE – dismissal
with prejudice
Joinder of causes of action rules of court
§ Two causes of action belonging to the same
plaintiff
§ Should arise from a situation where the
transactions arise out of the same contract or
series of contracts
BP 129 totality rule
§ Several claims or causes of action
§ Between the same or different parties
§ Embodied in the same complaint
§ Amount of demand shall be the totality of the
claims in all the causes of action
§ Irrespective of whether the causes of action
arouse out of the same or diff transactions
Misjoinder of causes of action
§ No dismissal
§ Misjoined causes will have to be separated
Compulsory joinder of indispensable parties
§ Violation: Dismissal of case
o Failure to state a cause of action
Necessary party
§ PLURALITY OF PLAINTIFF AND DEFENDANT
§ If complaint is filed without impleading a necessary
party, the pleader must state in the complaint who
the necessary party is and why he has not been
impleaded – court determines whether inclusion is
necessary
§ Rule 17: Whenever a party disobeys an order of a
court or the provisions of the rules, the penalty will
be a dismissal of the complaint, except when the
order that has been disobeyed is an order of the
inclusion of a necessary party
Indispensable
§ Absence will not justify the court from trying the
case and adjudicating the case; should be
dismissed for failure to state a cause of action
Parties in interest; Representative as parties
§ Violation: court can compel plaintiff to amend his
complaint
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 o If plaintiff ignores – court may dismiss
bases on Rule 17 – failure to obey an
order of the court or to comply with the
provisions of the Rules of Court
Violation of rule 3 – failure to state a cause of action
Death of defendant will not result to the dismissal of the
case
XPN: When the action is purely personal
Assignee pendent lite, is not considered an indispensable
party and the court may ignore such party
Rule 4
If there is an agreement between the parties that fixes the
venue in case of conflict between the contracting parties,
then that is the rule that will be followed
§ Writing
§ Entered into before the case is filed
§ Character of exclusivity
Venue of actions in case of non-resident defendants
§ Defendant does not reside in the PH
§ Not found in the PH
Only two civil actions:
§ Civil action pertains to the civil status of the
plaintiff
§ Involves a property of the non-resident defendant
Rule 5
Barangay courts
§ Not a court of justice – no adjudicatory powers like
a court
§ Adjudicatory powers – when the parties agree to
submit their dispute to a barangay court for
arbitration
§ If a plaintiff files a complaint before a barangay
court, but later on he does not appear during the
conciliation, the barangay court has the authority
to dismiss the complaint and the dismissal
operates as res judicata
§ If the parties agree to submit their dispute to the
barangay court for arbitration, the barangay court
will be given adjudicatory powers
o If there is repudiation, the barangay court
ceases to possess adjudicatory powers
Summary procedure
§ Generally motion to dismiss prohibited – except if
the motion to dismiss is founded on lack of
jurisdiction over the subject matter &/ when the
ground is failure to comply with the requirements
on prior barangay conciliation
§ If a case is governed by summary procedure the
court can dismiss the case outright for any of the
grounds mentioned in Rule 16
Prohibited pleadings
• Motion to dismiss the complaint or to quash the
complaint or information except on the ground of
lack of jurisdiction over the subject matter, or
failure to comply with the preceding section;
• Motion for a bill of particulars;
• Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;
• Petition for relief from judgment;
• Motion for extension of time to file pleadings,
affidavits or any other paper; c
• Memoranda;
• Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
• Motion to declare the defendant in default;
• Dilatory motions for postponement;
• Reply;
• Third party complaints;
• Interventions.
Small claims
• Purely civil in nature
• Does not exceed 200K exclusive of IDALEC
Sources:
• For money owed under any of the following
o Lease
o Loan
o Services
o Sale
o Mortgage
• Liquidated damages arising from contracts
• Enforcement of a barangay amicable settlement or
an arbitration award involving a money claim
Venue – if the plaintiff is engaged in the business of lending,
banking and similar activities and has a branch within the
municipality where the defendant resides, the statement of
claims shall be filed where that branch is located
Court may by itself dismiss the case if:
1. During the hearing, the court is able to determine
that there exists a ground for dismissal
2. Plaintiff misrepresents that he is not engaged in
the business of banking, lending..
The court shall not dismiss the case if the case does not fall
under this rule – re-docket the case and return it to the
court were it is assigned
Effect of failure to file response
• Court shall render judgment on the same day
• If defendant appears at the date of set hearing –
the court shall ascertain what defense he has to
offer, mediate or adjudicate the same day as if
response has been filed
Non-appearance
• Plaintiff
o Dismissal without prejudice
• Defendant
o Court renders judgment based on facts
alleged in SOC
• Both
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 o Dismissal with prejudice
Decision
• Within 24 hours from the termination of the hearing
• FINAL, EXECUTORY AND UNAPPEALABLE
Rules 6-10
3 modes of denial
§ Deny each allegation and give reasons upon which
he relies his defense
§ Part denial and part admission
§ Lack of knowledge or sufficient information to form
a belief as to the truth or the falsity of the
allegations
o Must be used in good faith
o Otherwise, considered as judicial
admission
Negative Pregnant
§ Defendant is silent as to whether or not he is
denying or admitting the allegations in the
pleading – not allowed by the rules
Affirmative defense
§ Allegation which admits the allegations in the
complaint hypothetically
§ But defendant sets up new matters which will
avoid his liability in favor of the claimant
The defendant must incorporate all the defenses available
to him at the time of the filing of the answer. Otherwise, the
defenses that are left out are deemed waived – these
defenses can no longer be proven during the trial of the
case
A counterclaim must always be incorporated in another
pleading – defendant can only file a counterclaim if he files
an answer
Action or defense based on a document
§ Document that is the basis of a claim or a defense
§ How to allege
o Copy substance; attach Xerox or original
o Copy word for word
§ How to contest
o Specific denial under oath
o Failure to deny under oath: genuineness
and due execution of document deemed
admitted
§ XPN to judicial admission
o If in the actionable document it does not
appear that the defendant is a party
o If plaintiff refuses to obey an order for the
production of the original of that
document
§ Defendant excused from
consequences of failure to
specifically deny under oath
When amount involved in a compulsory counterclaim is
below the jurisdictional amount cognizable by the RTC
§ Even if the amount of the compulsory counterclaim
is below the jurisdiction of the RTC, as long as it is
a compulsory counterclaim, the RTC has
jurisdiction
§ CC is only incidental – it is only ancillary to the
subject matter of the complaint
When the amount involved in compulsory claim is beyond
the jurisdiction amount cognizably by MTC
§ Even if CC, if the amount sought to be recovered
is beyond the jurisdiction – CC ceases to be
compulsory – it is considered PERMISSIVE
o Remedy of plaintiff: File motion to dismiss
– Lack of jurisdiction
o MTC is a court of limited jurisdiction
3P complaint
§ Claim of a defending party against a stranger to
the case for contribution, indemnity subrogation or
any other relief in respect to the plaintiff’s claim
o Subject must be related to the subject of
the complaint itself
§ Must be with leave of court
Reply is mandatory when the answer is founded on
actionable document
§ Mandatory in the sense that if the plaintiff does not
file a reply, he is deemed to have admitted the
genuineness and due execution of the actionable
document alleged in the answer
There is a need for specific denial under oath in allegations
of USURY – when these allegations are found in the
complaint
§ But when the allegation of usury is contained in
the answer as a defense no need for specific
denial
§ But if the allegation of usury by the defendant is
contained in a claim pleading – specific denial!
Allegations concerning UNLIQUIDATED damages deemed
controverted even if there is no specific denial
Failure of plaintiff to file a motion to declare defendant in
default after a long period of time, court may resort to Rule
17 for failure of plaintiff to prosecute
§ Dismissal with prejudice
Default
§ Ordinary procedure
o Court is given discretion to:
§ Order plaintiff to present
evidence
§ Summary procedure
o Motion to declare defendant in default
prohibited
o If defendant does not answer, judgment
by default will be rendered by the court
Relief from order of default
§ Defendant can file a motion to lift or set aside the
order of default
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 o Anytime before the judgment is rendered
o Submit affidavit of merit – FAME grounds
§ Defendant must show he has meritorious defense
If the default order is lifted – defendant must file his answer
An order granting or setting aside an order of default is
INTERLOCUTORY – not appealable
§ Remedy: R65
No defaults allowed
§ Family related cases
o Annulment of marriage
o Separation
o Declaration of nullity of marriage
§ If defendant does not answer the court is
prohibited from declaring the defendant in default
o Plaintiff should file a MOTION asking the
court to order the PROSECUTOR to make
an investigation whether or not there is
collusion between the parties
§ Even if the defendant does not answer, court is
prohibited from issuing a default order
§ But the court can still schedule the case for pre-
trial as if an answer was filed
A pleading may be amended once as a matter of right,
before a responsive pleading is submitted
§ Pleaser is given almost absolute discretion in
determining which changes are going to made in
his complaint
§ He has the freedom to change in its entirety the
cause of action in his complaint
But when it is just a matter of discretion, he has to get
permission from the court
§ It is the court then which will determine the extent
of the amendment that could be introduced
Amendment is still a matter of right even if a motion to
dismiss is filed
§ Motion to dismiss is not a pleading
§ Even if MTD is granted – amendment is still a
matter of right
o Amendment must come before the order
of dismissal becomes final – before the
lapse of the 15 day period before the
order of dismissal is entered
** Amendment to conform to evidence
§ Situation: evidence presented by the plaintiff or by
the party is NOT MATERIAL TO THE
ALLEGATIONS CONTAINED IN THE PLEADING
§ Evidence: Evidence which ought not to be
admitted but which is not objected to by the
adverse party will be admitted by the court
o If there is no objection on the part of the
defendant then the court will admit the
evidence showing that the plaintiff is
entitled to recover from the defendant
§ If an issue is tried with the consent of the parties
the pleading is deemed to have been amended
§ But if defendant objects to presentation of
evidence – objection will be proper because the
issue is limited to the allegations in the complaint
Rule 11 – When to file responsive pleadings
If defendant desires to incorporate a permissive
counterclaim or a 3P complaint – he must do so during the
pendency of the case
§ Although a permissive counterclaim and a 3P
complaint are independent pleadings, they cannot
be filed separately from an answer
Trial court exercises discretion whether or not to declare
defendant in default for failure to answer a cross-claim
Rule 12
§ Bill of particulars is a more definite statement of an
allegation contained in a pleading which is not
alleged with sufficient definiteness or adequacy
§ The court has authority to rule on the motion even
before the date set for hearing
§ Non-compliance of plaintiff
o Court can strike out the complaint –
complaint will be dismissed
o Court can order the allegations in the
complaint which are vague and indefinite
to be stricken out
§ Non-compliance of defendant
o Court can order the answer to be stricken
out
§ It becomes a proper ground for a
motion to declare defendant in
default
o Court can order that only certain portions
of that pleading be stricken out
Rule 13
§ Personal service must always be resorted to
o If personal service is not resorted to,
there must be an explanation given by the
party why he has not resorted to personal
service
§ If a motion is filed and the motion is served
through registered mail without an explanation, the
court has every reason to consider that motion as
a useless scrap of paper
§ Service must be maid upon the counsel
representing the litigant
§ Service of motion or pleading upon counsel is
considered as personal service
Rule 14
Service upon domestic private juridical entity
§ Service must be made upon:
o President
o General manager
o Managing partner
o Treasurer
o Corporate Secretary
o In-house counsel
Service upon minors & incompetents
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 § Served upon minor/insane and upon guardian
Service upon defendant whose identity or whereabouts are
unknown; extraterritorial service; Residents temporarily out
of the PH
§ Service by mail is not a mode of service – court
does not acquire jurisdiction
§ Even if an action is purely in personam, as long as
anyone of the requirements in secs. 14 and 15 are
present and the plaintiff asks for publication of
summons, the court can properly grant the motion
which will enable the court to acquire jurisdiction
over the person of this defendant
§ If is not possible to convert the action in personam
into in rem or quasi in rem, the remedy of the court
is not to dismiss but to send the records to the
archives
o To be reactivated when the plaintiff is
able to locate properties of the defendant
in the PH
Substituted service of summons
§ Impossibility of service of summons in person
within a reasonable time
§ Efforts exerted to locate the person to be served
§ Service upon a person of sufficient age and
discretion in the same place as the defendant or
some competent person in charge of his office or
regular place of business
Rule 15
§ In a motion filed before a trial court in R15 –
motion generally must contain a notice of hearing
§ If filed with the SC or CA – no need for notice of
hearing
§ Contents
o State relief sought to be obtained
o Grounds upon which it is based
o If required by these Rules or necessary to
prove facts alleged therein, accompanied
by supporting affidavits
§ Every motion required to be heard and the notice
of the hearing thereof shall be served in such a
manner as to ensure its receipt by the other party
at least 3 days before the date of hearing
Omnibus motion – memorize
§ Subject to the provisions of Section1 of Rule 9
§ A motion attacking a PLEADING, ORDER,
JUDGMENT OR PROCEEDING
§ Shall include ALL OBJECTIONS then available &
§ All objections not so included shall be deemed
waived
Rule 16
Resolution of motion
§ Grant
§ Deny
§ Order the amendment of pleading
When it comes to a MTD, whether the court grants or
denies the motion or orders an amendment to the pleading
– court must give reasons and explain the basis of its
resolution
Generally, the denial of a motion to dismiss is an
interlocutory order – not appealable
§ Remedy: R65
If granted, case is APPEALABLE if:
§ Cause of action is barred by a prior judgment or by
statute of limitations
§ Claim or demand set forth in plaintiff’s pleading
has been paid, waived, abandoned or
extinguished
§ Claim on which the action is founded is
unenforceable under the provisions of the statute
of frauds
If dismissal is without prejudice:
§ File another complaint
§ R65
Defendant’s choices
§ File MTD
§ File an answer; set up grounds as affirmative
defense
Special appearance
If a defendant files MTD founded on absence of jurisdiction
over the person of the defendant – the mere filing of the
motion to dismiss will not be considered as submission by
the defendant voluntarily of his person to the jurisdiction of
the court
§ Defendant can also avail of the other grounds
mentioned in R16
Auter action pendant – litis pendentia
§ In litis pendencia, the essential requirement is that
the outcome of anyone of the cases will be res
judicata as to the other, regardless of who is going
to prevail in anyone of these cases
If a party fails to raise the issue of jurisdiction for a
considerable length of time, the party may be estopped by
laches from raising the issue of jurisdiction – 15 years
Estoppel in pais – if the court does not dismiss the case
motu proprio and the defendant files an answer without
assailing the jurisdiction and the answer embodies a
counterclaim, defendant cannot raise the issue of
jurisdiction
§ If the defendant seeks an affirmative relied and
later on he loses the case, he should suffer the
consequences of his action
If in the contract of loan the lender has already delivered the
money to the borrower the agreement will not be covered
anymore by the statute of fraud – statute of fraud as
aground for the dismissal of the case, must refer to an
action that is based on an executory contract – if the
contract has been executed, even partially, then a
complaint can be filed
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Rule 17
Dismissal upon notice by plaintiff – 2nd always with
prejudice
§ Plaintiff does not have to give any reason at all
§ Filed before:
o Defendant files answer
o Motion for summary judgment
§ Two dismissal rule
o Unless otherwise stated in the notice,
dismissal is without prejudice
o Except that a notice operates as an
adjudication upon the merits when filed
by a plaintiff who has one dismissed in a
competent court an action based on
same claim
§ If any one of these cases was filed before a court
without jurisdiction, the dismissal by notice of the
plaintiff, the two-dismissal rule, will not have any
application at all – it is essential that the court must
be a court with jurisdiction over the 2 cases
o 3rd complaint – pwede i-dismiss because
of res judicata; non-waivable; pwede
court motu proprio
o 15 day period has to be observed–
dismissal is not immediately executory
§ If plaintiff does not qualify the first dismissal as
with prejudice, the first dismissal will always be
considered without prejudice
§ Second dismissal cannot be qualified – ALWAYS
WITH PREJUDICE
Dismissal upon motion of plaintiff – without prejudice
§ AFTER THE PLAINTIFF HAS FILED AN ANSWER
dismissal by the plaintiff should be with leave of
court
§ If answer is embodied with counterclaim, dismissal
by the plaintiff will not affect the CC
o Regardless of nature
Dismissal due to fault of plaintiff – with prejudice (failure to
prosecute may be without prejudice if court specifies so)
§ Upon motion by defendant and upon initiative by
the court
§ Grounds
o Plaintiff does not appear during a trial
scheduled for the presentation of his
EVIDENCE IN CHIEF
o If plaintiff fails to obey an order of the
court or fails to comply with the
provisions of the Rules of Court
o Plaintiff neglects to prosecute his claim
for an unreasonable length of time
§ A motion to set the case for pre-
tri al after all the pleadings
have been submitted is now the
duty of the plaintiff
§ Remedy of defeated party
o Depends if with or without prejudice
Rule 18
§ Parties are required to submit a pre-trial brief
o Failure of plaintiff
§ Case could be dismissed with
prejudice
o Failure of defendant
§ Plaintiff allowed to submit
evidence ex parte
§ Failure to attend pre-trial conference
o Plaintiff
§ Dismissal with prejudice
o Defendant
§ Submission of evidence ex-parte
§ After the termination of the pre-trial conference, it
is arbitrary and capricious on the part of the trial
court to schedule another pretrial
§ After termination of the pre-trial conference, the
court must issue a pre-trial order
o State facts stipulated
o Issued of fact that will be tried by the
court
§ If there is ex parte presentation of evidence – Rule
10 amendment to conform to evidence will be
applied
Rule 19
§ It is the stranger who files a motion for intervention
– he asks the court to allow him to be a litigant in
an existing litigation
§ Grounds
o He has an interest in the property subject
matter of litigation
o He has an interest in the success of one
o He has an interest in the success of
plaintiff and defendant
o Situation in such that any conveyance to
the property involved might cause
prejudice to his interest
§ Complaint in intervention – intervenor is against
both plaintiff and defendant – docket fees
§ Time to intervene
o Anytime before judgment is rendered
o XPNS
§ Indispensable party
§ Republic of the PH
§ The denial for the motion for intervention is a
FINAL ORDER
o Remedy: appeal from the denial
§ If the intervention has already been allowed by the
court, the dismissal of the main case will not
necessarily lead to the dismissal of the intervention
§ If the intervenor submitted an answer in
intervention – dismissal of main case will lead to
dismissal of intervention
Rule 21
§ Viatory right
o Witness cannot be compelled by a court
to attend a hearing or to produce
documents if he resides more than
100KM away from the place where the
trial is going to be held by the usual
course of travel
§ Quashing of subpoena
8
 o Duces tecum
§ Unreasonable and oppressive
§ Relevancy of documents does
not appear
§ Person in whose behalf the
subpoena is issued fails to
advance the reasonable cost of
production thereof
o Testificandum
§ Viatory right
o Both cases
§ Witness fees and kilometrage
allowed by these Rules were not
tendered when the subpoena
was served
Modes of Discovery
§ Deposition Pending Action
§ Deposition Before Action or Pending Appeal
§ Interrogatories to Parties
§ Admission by Adverse Party
§ Production or Inspection of Documents or Things
§ Physical and Mental Examination of Persons
MOD allow a fishing expedition – parties can avail of these
modes even if they do not intend to present to the court as
evidence information they have acquired
Sanctions for refusal to obey order of the court
§ Plaintiff
o Dismissal with prejudice
§ Defendant
o Court can render a judgment by default
Instances where judgment by default can be rendered by
the court
§ Defendant does not file answer R9
§ Defendant does not submit a BOP R12
§ Disobeys order in relation to MOD R29
Generally, availment of MOD is not compelled by the court
§ XPN: R25 and R26
R25 – Interrogatories to parties
§ If a party does not avail of this mode – he is
precluded from compelling the adverse party to
testify in the case
R26 – Admission by adverse party
§ Precluded form presenting evidence on the fact in
issue, if that issue could be covered by the mode
of discovery
If the defendant has already filed an answer, the parties can
agree between themselves as to when the deposition of a
particular person could be taken and even as to the place
of the deposition
When the deponent invokes his viatory right, his deposition
can be considered as his testimony in court or if the
deponent has died or is incompetent to go to court or is
physically unable to go to court, his deposition can be
taken as his testimony in court
In all instances, the deposition of any person can be used
to impeach this person if he later on goes to court as a
witness
Deposition in perpetuam re momoriam
§ Rules require that parties who are expected to be
adversaries be identified
§ Court will issue a notice that will inform potential
adversaries of the request for the perpetuation of
testimony
If a case is already decided by the trial court and later on an
appeal is brought to the CA or SC – the trial court still
exercises jurisdiction to allow the taking of a deposition
pending appeal
§ In appealed cases it is not the appellate court that
has authority to order the taking of a deposition
pending appeal, it is still the court of origin that
retains authority for the taking of a deposition
pending appeal
Production and inspection of documents or things; physical
and mental examination of a person
§ Require leave of court
§ Can only be addressed to a party
Rule 30
Delegation to clerk of court to receive evidence
§ Default proceedings
§ Ex parte proceedings
§ Where parties agree
Rule 31
Consolidation of cases
§ Parties do not have to be the same
§ What is required is that there is a common
question of fact or law
§ Consolidation proper
o Several cases are filed independently,
involve a common question of fact or law
but there JOINDER IS NOT ALLOWED
§ Cases pending before different courts, coordinate
courts of different regional districts may be
consolidated as long as they have a common
question of fact or law but the order to consolidate
should come from the SC itself
§ Recasting
o Necessitates amendment to the pleading
and the dismissal of some of the cases
and the retention of only one of them
Separate trial
§ There could only be an appeal from a several
judgment rendered by the court if the court allows
an appeal therefrom
Rule 32
§ Commissioner mandatory
o Eminent Domain
9
 o Partition
o Settlement of Estate of Deceased
o Accounting of Executor/Administrator
§ The only authority withheld from a commissioner is
the power to render a decision
§ Court can appoint a commissioner to try matters,
issues that arise even after the judgment has
become final and executory
§ During the stage of execution of judgment – court
can still appoint commissioner to try new matters
Rule 36
§ Judgment
o Writing
o Prepared personally and directly by the
judge
o Contains his findings of facts & findings of
law
o Signed by the judge
o Served & filed with the clerk of court
§ RA 296: a trial judge who is permanently
transferred from one court to a coordinate court
can validly decide a case that he has left behind as
long as he has fully heard the case
o If transferred judge only heard the case in
part, and the other portion was heard by
the new judge, the parties could still
agree between themselves to submit to
the old judge the case for decision
Rule 34
§ Judgment on the pleadings is rendered without
trial, pretrial
§ Pleadings do not present any issue at all for trial
§ Answer filed by the defendant admits essentially to
the material allegations in the complaint
o When defendant presents a general
denial = judicial admission
§ There must first be an answer in order to avail of
R34
o Answer does not tender an issue
§ Reopening of case
o Should be had BEFORE the court renders
a decision
§ While the parties are still in the
process of submitting to the
court their evidence, reopening
is not available
o Reopening in specpro like settlement of
the estate of a deceased can be allowed
even if the settlement proceedings have
been closed and terminated
Rule 33
§ Instead of the defendant presenting evidence to
prove his defenses, the defendant will ask the
court to dismiss the complaint – because the
plaintiff has failed to prove his claim with the
quantum of evidence required by law, and in civil
cases, it is preponderance of evidence
§ Defendant has filed an answer – case has been
tried by the court up to the point where the plaintiff
has submitted his evidence in chief
§ Defendant will lose the opportunity to present his
evidence if appellate court reverses the decision of
the trial court dismissing the complaint under R33
Rule 35
§ Must be a complete summary judgment
§ Movant could be the plaintiff or the defendant
§ Plaintiff
o Answer of the defendant has already
been filed
§ Defendant
o Anytime
§ Court is convinced that the issue is not a genuine
issue
o Burden of the movant to show that the
issue is not genuine – this would
necessitate presentation of evidence for
the purpose simply of demonstrating that
the issue is not a genuine issue
o It could be proven by affidavits, or by
depositions or by any other evidence
gathered by virtue of discovery
proceedings
o Summary trial only
§ There must be a motion filed
o There is a 10 day period of prior notice to
be given to the adverse party
§ Rule 18 – purpose and nature of pretrial – the court
shall consider the propriety of rendering a
judgment on the pleadings, or summary judgment
, or of dismissing the action should a valid ground
therefor be found to exist
Judgment upon a compromise
§ Immediately executory – upon the signing of the
compromise agreement
§ Contract between the parties and it has the effect
of res judicata
§ Parties can always change a decision rendered by
a court of justice, even if that decision has become
final and executory by entering into a compromise
agreement
§ No need for prior court approval
§ Final and executory judgment will be novated
§ If a compromise agreement is entered into but is
not submitted to the court for approval, in case of
breach of any of the conditions of the compromise
agreement, the innocent party cannot ask for
execution from the court because the court is not
aware of the existence of the agreement
§ Denial of motion to set aside – remedy R65
Cognovet actionem /Judgment relicta verification –
judgment by confession
§ Defendant expressly admits his liability – not
necessarily in an answer
Judgment by consent
10
 § Defendant files an answer, contests allegations in
the complaint and later on changes his mind and
admits liability
No appeal – judgment on compromise, consent or
confession
Rule 37
There could be a second motion for new trial, as long as the
second motion is founded on a ground different upon which
the first motion of new trial has been founded
MR – 2nd MR Is absolutely prohibited – should be taken
along with a FINAL ORDER
§ 2nd MR will not toll the running of the period to
appeal
§ Pwede 2nd MR sa interlocutory order
Contents
§ Made in writing
§ State grounds
§ Written notice served on adverse party
§ Point out findings or conclusions which are not
supported by evidence
§ Affidavits of merit
§ Affidavits of witnesses – if bases on new evidence
A denial of a motion for new trial, although a final order, is
not appealable.
§ Remedy: R65/ appeal from judgment
Rule 38
To avail for relief from judgment there must be a final and
executory
NO ISSUANCE OF SUMMONS – the court issues an
ORDER DIRECTING THE RESPONDENT TO FILE A
COMMENT
§ If respondent does not comment – no default!
o Court will proceed with the hearing of the
petition to determine whether or not there
is merit
The court is given the discretion to discretion to dismiss the
petition outright
§ Remedy: R65
R38 not limited to judgments or final orders, but also
includes any other proceeding taken by a court
§ Allows petitioner to assail a proceeding taken by
the court after judgment
Petition for relief is not available where appeal was not
taken
§ R38 not designed to revive the remedy of appeal
which is lost through the inaction or negligence of
the aggrieved
60 days from NOTICE and within 5 months from entry of
final order of judgment
If sin pertuitio judgment – no need to file petition for relief –
may be attacked directly or collaterally
APPEALS
Erroneous – wrong mode
Improper appeal – wrong issue
When the inferior court exercises its delegated jurisdiction
to try land registration cases, appeal from its decision or
final order may be taken directly to the SC or CA
Material data rule
Requires the appellant to state in his notice of appeal and n
the record on appeal that the appeal was perfected on time
**Prior to transmittal of the original record court may ––
§ Issue orders for the protection & preservation of
the rights of the parties
o Which do not involve any matter litigated
by the appeal
§ Approve compromises
§ Permit appeals of indigents
§ Order execution pending appeal
If ordinary appeal, residual jurisdiction continues until the
RECORDS ARE TRANSMITTED TO THE APPELLATE
COURT
If petition for review, until CA gives due court to the petition
for review
R40 Sec. 8: Appeal from orders dismissing case without
trial; lack of jurisdiction
§ If inferior court dismisses a case filed before it for
lack of jurisdiction the remedy of plaintiff is –
APPEAL BY NOTICE OF APPEAL TO RTC
o If RTC agrees with the order –RTC must
try the case
R41Sec. 2 Petition for review
§ Notice of appeal can never satisfy the
requirements of a petition for review
§ Certificate of non-forum shopping is required
Once an appeal is made to the RTC, the RTC is no longer
bound by summary procedure – summary procedure
applies only to the trial court – when the case is brought on
appeal to the RTC, the efficacy of summary procedure
ceases
The filing of MR before the RTC is not prohibited because
the period to file a petition for review is stopped completely
once a MR is filed before the RTC. If the RTC denies an MR
decided by it as an appellate court, the aggrieved party has
a new round of 15 days all over again within which to
perfect his appeal to the CA by filing a petition for review
Rule 43 Decisions of QJB should be brought to the CA by
way of PETITION FOR REVIEW
§ Decision of QJB will not be stayed by an appeal to
the CA
11
 § CA has authority to decide purely questions of law The SC will not entertain a motion for new trial even if
if appeal is from QJB founded on newly discovered evidence because the SC is
§ Factual findings are conclusive upon the CA not a trier of facts
o If supported by substantial evidence
Equity jurisdiction
In a MNT before the CA – the only ground is NDE "x x x procedural rules may, nonetheless, be relaxed for the
most persuasive of reasons in order to relieve a litigant of
Movant can ask for NT even if the CA has not decided the an injustice not commensurate with the degree of his
case thoughtlessness in not complying with the procedure
§ Movant need not wait for the CA to decide the prescribed. Corollarily, the rule, which states that the
case is he thinks that he has come across a NDE mistakes of counsel bind the client, may not be strictly
§ Upon discovery of this NE, party can file MNT followed where observance of it would result in the outright
deprivation of the client's liberty or property, or where the
Decision of the CA as an appellate court MAY NOT BE interest of justice so requires”
ASSAILED USING R38
§ There is no court in our system which is vested Rule 50; Rule 56
with authority to entertain a petition for relief
against a final & executory judgment of the CA If the petition for review or brief filed by the appellant does
§ R38 cannot be directed against the decision of the not contain an assignment of errors, the appeal is going to
CA be dismissed – if the appellant cannot point out any error
committed by the lower court, then the SC and the CA will
Challenging the decision of the CA using R45 apply the disputable presumption that the decision
§ Questions of law only appealed from is correct
§ It is the burden of the petitioner to convince the
SC that the questions of law raised have been Harmless error rule
decided by the CA in a manner that is § Errors committed by the trial court in the exclusion
INCONSISTENT WITH ESTABLISHED or admission of evidence or in the resolution of
JURISPRUDENCE motion, which do not affect the substantial rights
of a party
§ These will be disregarded by the appellate court
Instances where the SC can entertain factual questions and therefore should not be assigned as errors in
raised in a petition for review on certiorari: the brief or in the petition for review
1. When finding is grounded entirely on speculation,
surmises or conjectures; Even if there are errors committed by the trial court, there
2. When the inference made is manifestly mistaken, errors will not be resolved by the appellate court unless
absurd or impossible; they are assigned as errors by the appellant
3. Where there is a grave abuse of discretion;
4. When the judgment is based on a Memorandum decision
misapprehension of facts; § If the appellate court affirms the decision appealed
5. When the findings of fact are conflicting; from, the appellate court can simply adopt the
6. When the Court of Appeals, in making its findings, findings of fact and the conclusions of law made
went beyond the issues of the case and the same by the trial court
is contrary to the admissions of both appellant an Rule 45
7. d appellee;
8. The findings of the Court of Appeals are contrary Rule 45 Rule 64 Rule 65
to those of the trial court; Question of law Question of law Question of
9. When the findings of fact are conclusions without jurisdiction
citation of specific evidence on which they are Mode of Appeal Mode of appeal Independent
based; but petition used action, mode of
10. When the facts set forth in the petition as well as in is R65 review
the petitioner’s main and reply briefs are not Involves review Review judgment, Interlocutory
disputed by the respondents; and of judgment FO or R of order, or no
11. The finding of fact of the Court of Appeals is award or final COMELEC and appeal or any
premised on the supposed absence of evidence order on merits COA plain, speedy
and is contradicted by the evidence on record remedy
12. When certain material facts and circumstances Filed within 15 30 days from 60 days
have been overlooked by the trial court which days from notice notice
would alter the result and entitle accused to an of judgment
acquittal Stays judgment Shall not stay Does not stay
execution unless execution – unless
directed by SC PI/TRO

12
Appellant and Comelec and Coa Judge, court, QJ If the lower court refuses to issue writ of execution – the
appellee original – public agency… shall be winning party can file a MOTION with the APPELLATE
parties; lower respondents public COURT
judicial agency respondents
not impleaded Order Nunc Pro Tunc – Make a present record of an order
MR not required MR is allowed MR required which the court made at a previous term, but which was not
shall interrupt then recorded. It can only be made when the thing ordered
period has previously been made, but by inadvertence had not
Exercise of Appellate Original been entered.
appellate jurisdiction and jurisdiction
jurisdiction and power of review Jara:
power of review A certification that the judgment has been entered will be
Filed with the SC Filed with SC RTC, CA, SB or enough proof in so far as the trial court is concerned that it
Comelec must execute the judgment. The trial court does not have to
wait for the records to be returned to it before it could act
favorably on a motion for execution
Rule 47
Compared with Rule 132 Sec 29 The court can refuse to execute a judgment if there is a
§ When R132 speaks about impeachment of a petition for relief that is filed under R38 – the mere filing of a
judicial record, the procedure for the impeachment petition will not be sufficient it must be accompanied by a
referred to is also annulment TRO or writ of PI
§ We impeach a judicial record, a judgment of the § R47 accompanied by TRO or writ of PI
court by filing an action to set aside or to nullify the § Judgment has been novated
judicial record o New arrangement and decision of the
§ Collusion additional ground court should really be in conflict with one
another – cannot stand together
Annulment of judgment as a remedy to assail a judgment is
available not only to a litigant in that case but also to a An order granting or denying a motion for execution is a
stranger, to a non-litigant who may be prejudiced by the final order that is not appealable
implementation of that decision
§ Even if the judgment has already been executed, it Sec. 6 Sec. 34
does not preclude a stranger from filing a petition No execution within first 5 Assumes that a judgment
to annul years was executed within first 5
years
A petition to annul a judgment with the CA may be Independent action Could be carried out
dismissed outright through filing of a mere
RTC is not given the discretion – RTC is required to motion
consider the petition for annulment as an ordinary civil Plaintiff is the judgment- Highest bidder
action creditor, assignee or
§ RTC can dismiss motu proprio but only for successor-in-interest
nonwaivable defenses

Period for filing A judgment of support is a judgment that will never become
§ Extrinsic fraud – 4 years from discovery of fraud final and executory. It can be changed at any time by the
§ Lack of jurisdiction – no fixed period; before action court.
is barred by estoppel by laches
Judgments not stayed by appeal
When the ground is extrinsic fraud, the CA can direct the 1. Support
lower court to continue trying the case as if a motion for 2. Receivership
new trial has been duly filed 3. Accounting
4. Injunction
Rule 48 5. Unlawful detainer/ forcible entry

Preliminary conference before the appellate court is not
mandatory – but if the appellate court calls the parties to a
preliminary conference and the appellant does not attend
§ Non-attendance will be a ground for dismissal
Rule 39
Even if an appeal has been perfected, the trial court
exercises residual jurisdiction over the case, over certain
matters. One of these matters is the issuance o8f an
execution pending appeal. The trial court should see to it
that there are special reasons for the granting of the motion
for execution pending appeal.

Albano book: If court grants execution pending appeal

§ Remedy of J.Debtor: file a supersedeas bond

13
 o R65 available § Period of redemption is until the registration of the
No right of redemption in the sale of personal property – the certificate of sale – which shall not exceed the
court may annul and set aside if the highest bid is period of 3 months from the sale itself
unconscionably low
BAR BY PRIOR JUDGMENT/preclusion of claims
Principle of successive redemption
§ There could be redemption one after the other, as IN REM
long as the person who last redeemed the § In case of a judgment or final order against a
property is not the judgment-debtor o SPECIFIC THING, or in respect to the
§ Once the judgment debtor redeems the property, o PROBATE OF A WILL, or the
all other rights of redemption are cut-off o ADMINISTRATION OF THE ESTATE of
§ The successive redemption could be had even the deceased, or in respect to the
after the expiration of the 1 year period o PERSONAL, POLITICAL, OR LEGAL
CONDITION OR STATUS of a particular
If the check is drawn payable to the order of the sheriff & person or his RELATIONSHIP to another
the sheriff runs away with the money – debtor bears the § The judgment or final order is CONCLUSIVE
loss UPON:
o The TITLE TO THE THING
Once the sheriff receives affidavit of 3P claim, it is the duty o The WILL OR ADMINISTRATIOON, or the
of the sheriff to lift the levy over the property – If the sheriff o CONDITION, STATUS OR
insists in carrying out the levy, the sheriff should demand RELATIONSHIP of the person
from the judgment-creditor to file a bond, so that there will § However, the probate of a will or granting of letters
be ample protection in favor of the 3P claimant administration shall only be prima facie evidence
§ 3P can file his own complaint in court in order to of the death of the testator or intestate
stop the sheriff from selling the property
The second court before which the complaint has been filed IN PERSONAM
by the 3P claimant can issue a restraining order or writ of PI § In other cases, the judgment or final order is, with
to stop the sheriff from selling the property respect to the matter directly adjudged or as to
§ Not considered as undue interference – levy by any other matter that could have been raised in
sheriff over a property of a stranger is NOT A relation thereto
VALID LEVY § Conclusive between the parties and their
successors in interest
Ordinary Sale on Execution Judicial Foreclosure of § By title subsequent to the commencement of the
Mortgage action or special proceeding
Need not be confirmed by Must be confirmed by the o Litigating for the same thing and under
the court court in order to divest the the same title and in the same capacity
rights in the property of the
parties & to vest rights in the CONCLUSIVENESS OF JUDGMENT / preclusion of issues
purchaser § In any other litigation
Right of redemption exists No right of redemption § Between the same parties or their successors in
when property is real except by the mortgagor interest
where the mortgagee is a § That only is deemed to have been adjudged in a
banking institution former judgment or final order
Title acquired after Title acquired upon entry of § Which appears upon its face to have been so
expiration of the redemption the confirmation & adjudged or
period when the final deed registration of the § Which was actually and necessarily included
of conveyance is executed foreclosure sale therein or necessary thereto
Rule 39 Rule 68

§ If the attaching creditor is A and a property is sold
at public auction
§ The judgment debtor has a right to redeem the
property from the highest bidder
§ Even from A if A turns out to be the highest bidder
If the same attaching creditor is allowed to impose a levy on
the debtor’s right of redemption, in effect we are going to
negate the idea of giving a redemption to the judgment-
debtor
In case of banking institutions WHRE THE JUDGMENT
DEBTOR IS A JURIDICAL PERSON
If the judgment is EQUIVOCAL, the court can render a
clarificatory judgment even after the judgment has become
final and executory – the only purpose is to explain any
doubt or ambiguity that appears in the original decision of
the court
Secs 47 and 48 emphasize 2 public policy principles –
§ Res judicata
§ 48 emphasizes that a final and executory judgment
rendered by a court is enforceable only within the
territorial limits of the country where that court sits
o A FOREIGN JUDGMENT CANNOT BE
ENFORCED IN A LOCAL COURT

14
Res judicata includes the concept of conclusiveness of
judgment – pag pinadefine ang res judicata include buong
Sec. 47
Elements of res judicata
1. Competent court
2. Decision must be an adjudication upon the merits
3. Decision must have become executory
4. Identity of parties, subject matter and causes of
action between the first and the subsequent action
Law of the case
§ Refers to questions of law that arise out of one
case and the question of law is brought on appeal
to a higher court
o If that question of law is finally resolved
by an appellate and court and becomes
executory – that decision of the appellate
court on this particular question of law
will be binding when that case is
remanded to the trial court for further
proceeding
§ The difference between COJ and LOC is that the
case in the LOC pertains on to questions of law
and these questions of law MUST HAVE BEEN
DECIDED BY A HIGHER COURT
Sec. 48 Effect of Foreign Judgments
If there is going to be an enforcement of a judgment
rendered by a foreign court – it has to be done in the PH
through an independent action – action for the enforcement
of a foreign decision
RTC has no jurisdiction to execute a foreign judgment
through a mere motion – creditor must file an action for
enforcement of the decision of the foreign court – observe
rules on venue and BP 129
A judgment of a foreign court could be defeated in a PH
court by the defenses mentioned
§ Want of jurisdiction
§ Want of notice
§ Collusion
§ Fraud
§ Clear mistake of fact
PROVISIONAL REMEDIES
Provisional remedies other than those mentioned in Rules
1. Order issued by a family court for the temporary
custody of a minor
2. Order allowing a parent to enjoy visitation rights
As long as the inferior court has jurisdiction over the main
action, the inferior court has the inherent authority to make
use of any provisional remedies, as long as the essential
requisites for their application are present
Rule 57 – PA
Rule 60 – Replevin
Sec. 1. Grounds upon which attachment may issue. – At
the commencement of the action or at any time before entry
of judgment, a plaintiff or any proper party may have the
property of the adverse party attached as security for the
satisfaction of any judgment that may be recovered in the
following cases:
(a) In an action for the recovery of a specified
amount of money or damages, other than moral and
exemplary, on a cause of action arising from law, contract,
quasi-contract, delict or quasi-delict against a party who
is about to depart from the Philippines with intent to
defraud his creditors;
(b) In an action for money or property embezzled or
fraudulently misapplied or converted to his own use by
a public officer, or an officer of a corporation, or an
attorney, factor, broker, agent, or clerk, in the course of his
employment as such, or by any other person in a fiduciary
capacity, or for a willful violation of duty;
(c) In an action to recover the possession of property
unjustly or fraudulently taken, detained or converted, when
the property, or any part thereof, has been concealed,
removed, or disposed of to prevent its being found or
taken by the applicant or an authorized person;
(d) In an action against a party who has been
guilty of a fraud in contracting the debt or incurring the
obligation upon which the action is brought, or in the
performance thereof;
(e) In an action against a party who has removed
or disposed of his property, or is about to do so, with
intent to defraud his creditors; or
(f) In an action against a party who does not reside
and is not found in the Philippines, or on whom
summons may be served by publication.
Grounds are exclusive
The fact that there is a collateral securing a loan is not a
basis to deny an application for the issuance of a writ of PA
– as long as the creditor can show to the court that the
security is not sufficient to satisfy the obligation
Motion for issuance of PA may be heard ex parte
§ If adverse party is given a chance to be heard, he
might continue with his acts of dishonesty and
convey all his properties before the court could
take his properties under custodia legis
Matters concerning preliminary attachment should be
strictly construed
§ Writ could result to humiliation or embarrassment
on the part of the adverse party
Manner of attaching property
§ R57 requires at least SIMULTANEOUS SERVICE
OF SUMMONS – so that when the writ is
implemented, the court has already acquired
jurisdiction over the person of the defendant
XPN:
15
 § Summons could be served even after the
implementation of the writ of preliminary
attachment if the adverse party COULD NOT BE
SERVED WITH SUMMONS BY PERSONAL
SERVICE OR BY SUBSITUTED SERVICE despite
diligent efforts
Contents
§ Cause of action exists
§ Falls under Sec. 1
§ No sufficient security for the claim sought
§ Amount due to the applicant is as much as the
sum for which the order is granted above all
counterclaims
Remedies available to adverse party in order to lift or set
aside writ
§ Counter bond
o Once CB is filed, PA is immediately lifted
§ File motion for quashing or setting aside writ
o Improperly or irregularly issued by the
court
o Cannot be heard ex parte
In PA, there is no sale at public auction
§ Just an auxiliary remedy to give applicant security
§ Properties will be in custodia legis until the case is
finally terminated
But if the property attached easily deteriorates – there could
be a sale of these properties – but proceeds will be kept by
the court
Properties under custodial egis can be the subject of
preliminary attachment
If a property is attached and it does not belong to the
adverse party, the attachment is null and void – can be set
aside
§ Same remedies in terceria or 3P claim in R39
If the stranger whose property has been attached does not
result to filing a 3P claim, he can file a motion for
intervention
§ Di pwede to sa Rule 39 – kasi sabi sa rule 19
intervention can only be had before judgment is
rendered. Execution na sa Rule 39 so may
judgment na
After the enforcement of the writ of preliminary attachment
The fact that the applicant wins the case does not mean to
say that the issuance of the writ of PA was proper – it is
possible for the creditor to win the case but he has
maliciously applied for the issuance of the writ.
ANY AWARD OF DAMAGES FOR THE WRONGFUL
ISSUANCE SHOULD BE RECOVERED IN THE SAME CASE
§ If the adverse party feels or believes that issuance
by the court of the provisional remedy is wrongful
his usual recourse is to file a counterclaim or
recovery of damages
§ If he fails to file a counterclaim in his answer, he
can do so by filing a supplemental answer later
on, setting forth his desire to recover damages for
the wrongful issuance of a provisional remedy
Replevin – principal action is always recover of personal
property capable of manual delivery
§ Can be issued only before the defendant answers
§ Issued ex parte
§ Bond is always double the value of the property
Upon the issuance of writ, sheriff must also comply with
SIMULTANEOUS SERVICE OF SUMMONS I.e. if the
summons is served together with the confiscation of the
car, court acquires jurisdiction over the person
Sheriff must keep property in his custody for 5 DAYS – he
cannot turn over the car directly to the applicant
§ Within the 5 day period – adverse party can
recover the car
o FILE COUNTER BOND
In the application for replevin – applicant must stat that the
PROPERTY IS NOT UNDER CUSTODIA LEGIS
§ BAWAL MAG ATTACH NG PROPERTY UNDER
CUSTODIA LEGIS
When the personal property is subject of replevin, it could
be confiscated by another replevin – the claimant should
file an application saying that he entitled to possession –
and willing and able to post a bond double the value
Immediate recovery of real property – writ of preliminary
mandatory injunction
Rule 58
A motion for lifting or setting aside of PI requires that the
motion for the lifting must be heard by the division –
issuance pwede isang member lang but if lifting – all
members dapat
Trial courts can issue cease and desist order ex parte –
preparatory to the summary hearing on the application for
the issuance for the issuance of a TRO
R135 enables a court to issue any process or writ that will
help the court in resolving matters laid down before it –
R135 does not impose a condition that the court must first
conduct a hearing
Instances where court is precluded from issuing a writ of
preliminary injunction
§ Foreclosing bank is a government bank
§ Commencement and performance of infrastructure
projects of the government
o Unless SC issues the writ
Preliminary Mandatory Injunction
§ If an act HAS ALREADY BEEN COMMITTED
§ Seeks to undo what has been done
16
Even if adverse party files a counter bond – there is no Costs, expenses and attorney’s fees incurred by the
assurance that the court will set aside or lift the PI plaintiff is recoverable from the defendant who loses in the
§ Court can still decide whether or not to issue writ action and is found by the court to have caused
even if may bond unnecessary litigation

An action for interpleader must be filed within a reasonable

Rule 53
Receivership is both a PRINCIPAL ACTION AND PROVREM
§ Cannot be issued ex parte – may hearing always
§ Can be availed of even after the case has been
terminated
For the court to appoint validly a receiver – PROPERTY
MUST BE UNDER LITIGATION
Not intended to dispossess the adverse party
time after the dispute has arisen, otherwise it may be
barred by laches
§ Where a party was are of the dispute and in fact
had been sued by one of the claimants and the
former did not implead the other claimant, he can
no longer invoke the remedy of interpleader
Defendant may file a counterclaim for interpleader against
the plaintiff and 3P also claiming the subject-matter of the
suit

In foreclosure proceedings – receiver may be able to take Interpleader Intervention

possession of the property Original action Ancillary action
§ Available only if the mortgagee can present Commenced by complaint Commenced by motion
evidence that the mortgagor is allowing the RTC or MTC depending on Court where action is
deterioration or mortgagor causes deterioration value pending
Plaintiff – presupposes that Movant:
Receiver cannot commence an action without the consent plaintiff has no interest in § Legal interest in the
of the receivership court – receiver cannot be impleaded as the subject matter or has matter in litigation
a defendant in an action without the permission of the court interest therein but not § Interest in the
which appointed him as a receiver disputed success of either
parties
Rule 61 Defendant – defendants are § Interest against
sued to implead them both
Immediately executory § Situated as to be
adversely affected
Support is one decision which can be changed at anytime by the disposition
by the court – judgment of support is not considered as of property
immutable or unalterable after it has become executory Defendant – original parties
to the suit
Complaint for support is the principal action – provrem is
for the court to issue this writ directing the respondent to
pay support during the pendency of the case Rule 63
§ Complaint for support FAMILY COURTS 1. Declaratory Relief
If purely civil action – inferior court has no authority to try 2. Recognition of instrument
civil actions for support 3. Quieting of title
4. Consolidation of title
There must always be a hearing on an application for
support Declaratory relief must be filed before a breach or violation
is committed
Restitution § It is a preventive mechanism in order to prevent
§ There is no bond required before a support contracting parties from getting involved later on in
pendent lite can be issued an ordinary civil action
§ Run after the person who is ordered to be the one
to give support – or the beneficiary The only relief which the petitioner seeks from the court is
Court could issue a writ of execution and at the same time for the court to determine what his rights are under the
cite defendant in contempt of court written instrument or deed
§ No prayer for damages – it defeats the purpose
If statute or ordinance – PDR is for the court to declare the
SPECIAL CIVIL ACTIONS statute or ordinance void or unconstitutional

Rule 62 If somebody wants to challenge the validity of a statute – he

should do so before the law takes effect and before the
Conflicting claimants, who are co-defendants in the action, violation of law is committed
must serve copies of their answers not only to the plaintiff
BUT ALSO UPON THEIR CO-DEFENDANTS Clarificatory Judgment Declaratory Judgment

17
There is already a judgment Court will only tell the
– final and executory petitioner what his rights
are, what his duties are
There are certain under a certain deed, will or
ambiguities in that judgment contract
which will make it hard for
the court of origin to
execute
R39 not applied
RTC is the competent court in Declaratory Relief and
Reformation of Instrument – Incapable of PE
Consolidation of title
§ Jurisdiction depends on assessed value – always
involves real property
Required in Art. 1607
§ In 1607, the rules of court requires that an action
for consolidation of title – pacto de retro sale
In the Civil code, if there is a sale with right of redemption –
the redemption is called a conventional redemption
§ Presumed to be an equitable mortgage –
disputable
ROD has to observe the presumption – buyer has to get a
decision from the court maintaining that the contract is a
genuine contract and not an equitable mortgage
If the plaintiff fails to defeat the presumption – he can still
obtain consolidation of title but he will be forced to file a
judicial foreclosure of mortgage
If the complaint is for consolidation of title, the court will
have to follow the procedure for ordinary civil cases
Rule 64
Speaks about a mode of review. It is a mode of appeal from
judgment or final of order of the COMELEC or COA
It provides that in availing of this mode of review, the
petitioner should adopt the period in R65 pero 30 days. In
such a way lang na hindi ren siya extendible. It is still a
mode of review but using the pleadings and procedures
that are outlined in R65.
Decision should be COMELEC en banc an must be acting
as quasi-judicial bodies – If the decision being challenged is
an order in the exercise of their administrative duties, these
orders are not reviewable by R64
Rule 65
COMELEC and SB – have certiorari jurisdiction
When it comes to a petition under R65, the principle of
hierarchy of choice will limit the choice that theoretically a
petitioner invokes if he will rely solely on the Consti and BP
129 – if the petitioner disregards the principle of HOC – SC
will dismiss outright the petition although it has jurisdiction
because the petition is not sufficient in form and substance
In the denial of the MTD founded n lack of jurisdiction – the
correct remedy is a petition for prohibition. – court will
consider certiorari as prohibition
§ There is not much difference between the two
In prohibition, the petitioner asks the prohibition court to
prevent the respondent court from going ahead in the
proceedings before it and in prohibiting the respondent
court, the prohibition court will effectively tell the public
respondent that the denial of the interlocutory order of the
judgment would be set aside
A MOTION FOR RECONSIDERATION IS A MUST before
using rule 65
Public respondent is an indispensable party
§ It is the final order or judgment of the public
respondent that is being assailed or challenged
under R65
No suspension of proceedings – the public respondent will
only suspend proceedings if the higher court issues a TRO
or WPI
If the court resolves that the filing of the petition is
manifestly procured and patently without merit, the higher
court can right away cite him in contempt without giving
him a chance to explain. – Res ipsa loquitor
There is no summons – what the court is issues is an order
to comment – court acquires jurisdiction over the person
upon service of this – but the court cannot declare the
respondents in default – court will just go ahead and
analyze the merits of the petition and render a decision
Remedy of aggrieved party in 65 – appeal
Kalikasan Circular – 2 SCAs – Writ of Kalikan and
continuing mandamus
WOK
§ Involves numerous petitioners – inhabitants of AT
LEAST 2 PROVINCES
§ Their life, liberty and property is to be prejudiced
by a violation of environmental laws
Upon filing a petition for kalikasan, the court can issue the
writ without first hearing the side of the respondents
§ The court could issue the writ right away as long
as the allegation in the petitions are complete and
it finds the petition to be meritorious
§ Court can issue a cease and desist order that does
not have a date of expiration
Jurisdiction: SC and CA
Decision is immediately executory although there could be
an appeal
§ If there is an appeal, it will be to the SC under R45
and QUESTIONS OF FACT may be raised
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 § Partakes of a permanent prohibitory injunction and Where there is usurpation or intrusion into an office – quo
at the same time a permanent mandatory warranto is proper remedy but where the respondent,
injunction without claiming any right to an office, excludes petitioner –
Continuing Mandamus Mandamus
§ The idea is to avoid the application of procedural
principles that are well-settled in R39 Relator – person who believes that he is entitled to a public
§ The government, MMDA and other agencies office held by another and he asks the solgen to file a QW
ordered by the court to clean Manila Bay will have on his behalf
that duty until Manila Bay regains its pristine
nature Election Code Rule 66
o A report on the extent of progress which Elective Appointive
these government agencies have Issue: eligibility or disloyalty Validity of appointment
introduced –required to the RPH
Jurisdiction – RTC, CA and SC Petitioner occupies if he Oust person and order
received second highest seating of person legally
Provrem: vote entitled
§ Temporary environmental protection order 10 days from proclamation 1 year from petitioner’s
§ Cease and desist orer ouster from office
By any voter Person claiming to be
Appeal R45 purely questions of law entitled
Comelec, RTC, MTC – SC. CA RTC
SLAPP barangay officer
§ An action filed by a juridical entity or a natural
person against officers of the gov’t who are tasked Does not apply to persons who usurp an office in a
to enforce environmental laws PRIVATE CORP – Interim Rules of Procedure Governing
§ Intention Is to discourage public officers from Intra-Corporate Controversies
enforcing environmental laws
Rights of persons adjudged entitled to the office
The intention only is to harass these government officers so 1. Execution office after taking oath and bond
that they will discontinue their attempt to enforce
2. Demand all books and papers appertaining to the
environmental laws office
§ Defendant public officer can file a motion to 3. Damages
dismiss – substantial evidence only a. Must be commenced within 1 year after
entry of judgment
But plaintiff will have to present preponderance of evidence
in order to sustain his stand QW expressly allows splitting of cause of action – if the
court decides in favor petitioner, the court will oust
CRIMPRO – If the court schedules arraignment and the
respondent – the prevailing party then has a right to file a
accused does not appear, the court is authorized to enter a complaint for damages arising from the usurpation of the
plea of NOT GUILTY in his behalf – court can proceed with office
trial in absentia
In the separate complaint for damages – no meritorious
Rule 66
defense can be set up anymore by the defendant because
the award of damages will necessarily emanate from the
Venue – residence of DEFENDANT
fact that there is a final and executory judgment rendered in
the principal case
Quo Warranto Mandamus
Designed to try the right or It does not lie to try disputed Rule 67
title to the office if the right titles
or title to office itself is * only to enforce duties If there is a complaint filed today and tomorrow the RP
disputed deposits with its own bank an amount equivalent to the
Against holder of the office Against person who is assessed value of property, even if the defendant has not
responsible for excluding yet been served summons, as long as the a deposit has
petitioner from office been made by the RP – the government can take over
physical possession of the property
SC: there is nothing wrong if a petitioner files a petition for Once there is a deposit made as required by the Rules – the
mandamus or in the alternative, a petition for QW court has the MINISTERIAL duty to issue a writ of
• In QW, the petitioner could be the solfen although possession
the solgen is not interested in the public office in
question Supposing there is a mortgage lien over the property or
there are informal settlers – they may all be driven out

19

Even without a counterclaim, if the court eventually resolves
that the expropriation is not meritorious – the court will
award damages in favor of the defendant
If the RP has a Torrens title but property is in possession of
private individuals who claim to be entitled to possess – the
remedy of RP is not to eject BUT TO FILE A COMPLAINT
FOR EXPROPRIATION
If there is an expropriated property for a public purpose, but
is not really used for a public purpose, the owner of that
property can file a complaint for the reversion or
reconveyance of the property in the RTC – owners must
return the just compensation
Withdrawal of deposit does not amount to withdrawal of
appeal
Rule 68
There is no judicial foreclosure of a chattel mortgage
When going to court is necessary in EJ foreclosure – When
the purchaser of real property needs to recover possession
of the property – file issuance of a writ of recovery of
possession
Equity of redemption
• 90-120 days counted from entry of judgment
Debtor and mortgagor – indispensable parties
Junior mortgagees – necessary parties
• If the second and third mortgagees are not
impleaded and there is a decision in favor of the
mortgagee, they will not lose their equity of
redemption
Stages
1. Determine liability of the debtor
• Court will order the debtor to pay the
indebtedness within a period of 90-120 days from
entry of judgment
• If there is no payment, and the judgment is not
appealed – the judgment will be entered
o Entry will not cut off equity of redemption
o Equity of redemption continues to exist
until after the entry of the second final
order
2. Sale at public auction
• After the public auction – court will resolve a
motion for the confirmation of the sale
o Confirm validity of the sale
§ Appealable
§ If there is an appeal, the court
cannot enter the order of
confirmation – equity of
redemption continues to run
3. Recovery of deficiency
• Proceeds of the sale are not enough to pay off the
indebtedness
• Rule 39 applies – move for issuance of writ of
execution
• Only the debtor is liable – not the mortgagor
Action to recover loan bars filing of action to foreclose
mortgage
Existence of criminal cases for BP 22 is not a ground to
conclude that mortgagee has abandoned his mortgage
claim – Notwithstanding BP 22 pending, the mortgagee can
still institute a complaint for the judicial foreclosure of
mortgage
Rule 69
Basis of complaint is that the plaintiff is a co-owner of a
certain property together with other co-owners who must all
be impleaded as defendants – all co-owners are
indispensable parties
Stages
1. Court issues order of partition
2. Appointment of commissioners
3. Accounting
If there are co-owners of a property by reason of their right
of inheritance because of the death of their predecessor in
interest, of one of the co-owners is a minor residing in that
property, the court cannot order the partition until the minor
has reached the age of majority
Rule 70
Stipulation in a contract of lease authorizing the landlord to
physically take over possession of the property is valid
• Landlord may go to the premises, throw out the
things of the tenants and accept a new tenant if
hindi nagbayad yung previous tenant
Contract of lease with a resolutory condition is valid
Decision immediately executory
• Although appealable
• Defendant can appeal but the defendant cannot
prevent the court from performing its ministerial
duty to execute judgment
For the purpose of preventing immediate execution, R70
requires the defendant to put up a supersedeas bond
• Equivalent to the unpaid rental and to the cost of
suit
• Not attorney’s fees
• The current rental should be paid to the cashier of
the RTC within the first 10 days of the succeeding
month
Appeal to RTC: Decision of RTC is immediately executory
unless CA issues a TRO or a writ of PI
• No supersedeas bond allowed
20
Tenant can file a complain with RTC for reconveyance of
the property in the RTC, quieting of title, complaint to
recover possession in order to delay the adjudication of
R70
• Tenant usually asks RTC to issue a writ of PI or
TRO in order to prevent the inferior court from
trying the complaint for UD or FE

RTC – x issue PO against inferior court from hearing UD or

FE

Rule 71

Direct contempt: No initiatory pleading required – there is

no plaintiff – court ultimately decides the fate of the
contender

Grounds
1. Disrespect toward the court
2. Offensive personalities toward others
3. Refusal to be sworn or to answer
4. Misbehavior in the presence of or so near a court
as to obstruct or interrupt the proceedings
5. Counsel deliberately engages in forum shopping

Remedy: R65 or he can file a petition for habeas corpus on

the ground that his confinement is illegal

Indirect contempt

Grounds
1. Misbehavior of an officer in court in performance
of official duties
2. Abuse or unlawful interference with proceedings
not constituting direct contempt
3. Disobedience or resistance to a lawful writ, order
or judgment or unauthorized intrusion to an RP
after ejection
4. Failure to obey a subpoena duly served
5. Assuming to be an attorney or an officer of the
court without authority to do so
6. Rescue or attempted rescue of a person or
property in custody of officer
7. Improper conduct tending to degrade
administration of justice
8. Failure by counsel to inform court of death of client

Remedy: ordinary appeal – (if nag show cause but court still
cites him in contempt)

In indirect contempt proceedings, there could be an appeal

if the respondent is found guilty of indirect contempt, but if
he is not found guilty, the adverse party cannot appeal. –
Double jeopardy – sanction kasi is imprisonment

21
 PRELIMINARY PRELIMINARY INJUNCTION RECEIVERSHIP REPLEVIN SUPPORT
ATTACHMENT PENDENTE LITE
PURPOSE 1. Have property of adverse To require a party of a court, To place the property To recover possession of Compel adverse
party attached as security agency or person to refrain subject of an action or personal property party to provide
from doing a particular act or proceeding under the support while action
2. Enable the court to to require performance of an control of a 3P for is pending in court
acquire jurisdiction over the act preservation and
action where personal administration
service of summons on the
creditor cannot be effected
Subject Matter Personal and Real prop Particular act/s Personal and Real prop Personal prop capable of Money or other
manual delivery forms of support
When Commencement up to any Any stage prior to judgment or At any time prior to Commencement of action Commencement or
applied/granted time prior to judgment final order satisfaction of judgment but before defendant at any time prior to
answers the judgment or final
May be availed of in order
Rule 39 – if judgment
not satisfied
How applied Affidavits and applicant’s Verified petition and Verified application and Affidavits and bond Verified application
bond applicant’s bond applicant’s bond
No bond required
If application included in Application may also be
initiatory pleading the adverse included in initiatory
party should be served with pleading in actions for
summons together with a foreclosure
copy of the initiatory pleading
and the applicant’s bond
Who may grant Court where action is Court where the action is Court where action is Court where the action is Court of origin and
pending pending pending pending appellate court
CA, SC Lower court, CA, SC, SB, CTA CA, SC
Appellate court may
allow application to be
decided by the court of
origin
Bond Bond executed to the adverse party in the amount fixed by the court Double the value of the
requirement § Covers the cost which may be adjudged to the adverse party and all damages property or the return of
that he may sustain by reason of granting the provisional remedy the property to the
adverse party is such
§ Bond may be exempted in PI or TRO return be adjudged and
for the payment to the
adverse party of such sum
as he may recover from
the applicant in the action
Cash deposit may be made Filing of counter bond made Requirements Amount of counter bond
in lieu of the counter-bond only upon showing that the 1. Bond by should also be double the
issuance would cause applicant value of the prop
irreparable damage to the 2. Bond by
party receiver

Counter bond alone will not

suffice to discharge the
injunction
Discharge of Improper or irregular Insufficiency of application
Appointment obtained
Remedy issuance or enforcement or without sufficient cause
insufficiency of bond
By counter bond: Party against whom the provisional remedy is availed of may move for By counter bond: at any Not applicable
the discharge in an amount equal to that fixed by court time before the delivery of
the property to the
applicant – double the
value of the property
Immediately No Yes Yes No Yes
Executory
Hearing Not required; pwede ex Required except if great Required Not required; pwede ex Required
parte irreparable injury will result parte
Damages Owner of the property attached must file, before trial or before perfection of appeal or before judgment becomes final Person giving
and executory support not liable:
Party who availed of PR and his sureties must be notified showing right to damages Court shall order the
Damages awarded only AFTER proper hearing; included in judgment of main case return of the
If judgment of appellate court is favorable to the party against who PR was effected amounts already
§ Application must be filed with the appellate court before judgment becomes executory received with
If bond or deposit given by the party be insufficient or fail to satisfy the award adverse party may recover damage in the interest
same action
Recipient may
obtain
reimbursement from
person obliged to
give support
22