September 9, 2020

Questions during recitation:

I. What is remedial law? - provides for the means and methods for causes of action may be
e ectuated, rights may be protected, and to redress violation of the rights (ATTY).

II. What are the sources of remedial law? - What is the main source of remedial law? - Rules
of Court promulgated by the Supreme Court

III. Are all laws passed by the Congress be a source of remedial law? - Not all, because not all
laws passed by the Congress provide for means and method to enforce a right.

IV. As a general rule how are the Rules of Court apply? As a General Rule apply prospectively
(it applies to cases that are brought AFTER they take e ect)

A. Do Rules of Court apply to pending cases? Why? - Because it is what the Rule of Court
says (Rule 144)

B. True or False, the Rules of Court applies to pending cases without quali cation? - NO
(the exception is provided in the Rule 144 - except if in the opinion of the court it is not
feasible or would result to injustice - the former rule will apply)

V. Do Rules of Court have retroactive application - YES, if it is made applicable to pending or

undetermined (not yet been..) cases at the time of their passage - in that sense, they are
deemed to have a retroactive e ect.

VI. What are the instances when Rules of Court cannot apply retroactively? - as provided under
Rule 144 (2 instances) and other circumstances (check book)

VII. Does the retroactive application of the rules go against the proscription on retroactive
application laws? - Retroactive laws are those that take-away or impair vested right that were
already acquired under a former law, however we are talking about remedial laws that does not
provide for rights, but a means on how to enforce a right. However, there are exceptions (Rule
144 and Jurisprudence)

A. Jaime Tan v. CA - if it would impair vested rights

VIII. What are the major aspects of remedial law - Civil procedure (1-71); Criminal Procedure
(check the number of rules) ; Special Procedures ; Evidence

A. What constitute Civil Procedure? Ordinary Civil actions, (check book) (check also the
exact number of rules)

IX. Are the Rules of Court laws? No, because it is not passed by the Congress, but it has an
e ect of law.

X. In case of con ict between the rules and the statute, which shall prevail? - it is the Statute.
Why? - because the rules are subordinate with laws (heirarchy of things) and because they only
provided for means on how to enforce rights (they have the e ect of laws onlybecause they are
promulgated by the SC but they are not laws) and the laws are enacted by the Congress

XI. What actions and proceedings where ROC do not apply - under Section 4, Rule 1 (LCINE)

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 A. Is the non-application absolute? NO, because it can be applied by analogy, in
suppletory character, and whenever practicable and convenient.

XII. Distinguish substantive law and remedial law - substantive law creates and de nes right
relating to life, liberty, and property; Substantive law apply prospectively, while Remedial law
can be applied retrospectively to pending (check book) ; origin ; as to vested rights
(substantive law provide for vested rights, while remedial law provides for means and methods
on how to enforce and protect rights, and to redress violation of the same)

* congress

A. Does remedial law create rights or obligation? - no, it only provides means and
methods on the enforcement of right, protection of rights, and redress the violation of the rights

XIII. Who has the right to promulgate rules? SC - basis is Article 8, section 5(5) memorize by
heart

A. Under this provision, what are the kinds of the rules that the SC may promulgate

B. What are the limitations on the rule-making power of SC under that section - check
provisions - *on the same grade - rules on MTC, it shall be the same for all MTC

C. Why can’t the SC provide for rules that diminish, increase, or modify substantive
rights - because it is not its authority, otherwise it will be encroaching upon the power/authority
of the Congress or the Legislature.

XIV. Supreme Court has the Sole Prerogative to amend, repeal, and to establish new rules
(Section VIII, Article 5 (5) and Neypes v. CA?) - it includes the power to over-turn the decision
(the doctrine that it has held in a case)

XV. Does the Supreme court has the power to suspend procedural rules? YES - check book

XVI. How are Rules of Court construed? Liberally Construed (basis is Section 6 of Rule 1 of
Rules of Court) - the rule on liberal construction is based on the rationale that rules are just
tools or means and methods to attain the justice.

XVII. What is the general rule in construction of rules of court? – it must be applied strictly
(because these are put to administer the justice) – the liberal construction is the exception (the
party invoking the suspension of the application of the rules must prove that he deserves it
*check the circumstances

XVIII. Where is the Judicial Power lodged? The SC and other lower courts – basis is Article 8,
section 1

XVIX. Can there be more than 1 Supreme Court? NO, Because under section 1, article 8 of the
1987 Constitution, it is provided that the Judicial Power will be vested upon the Supreme Court
and other courts established by law

MY QUESTION: How about the Speedy Trial Act? Is it considered to be a rule that is
promulgated by the Congress?

Assignment for next meeting: SAME COVERAGE - start with nature of Philippine Courts

September 16, 2020

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 I. You need to read the new procedure (2019 Civil Procedure that was approved October, but
took e ect May 2020) - the revisions did not touch all the old procedure - we will be
comparing the old rules and the new rules.

II. What is the di erence between substantive law and remedial law? -

A. Distinguish substantive law from remedial law - when you are asked to distinguish, you
can site the de nition, source, e ect, application, who promulgated it. - application:
remedial law is applied prospectively as a general rule, however there are instances that
it can be retroactively applied to pending cases according to Rule 144 (but there is an
exception to this retroactive application as provided under Rule 144), while substantive
law applies prospectively

B. Who would determine that the rules of procedure is feasible to be applied and will not
work injustice? - the Court and the basis is Rule 144 (it is expressly stated that “except in the
opinion of the Court”) - meaning there is judicial discretion in determining the retroactive
application of the rules

III. In whom the Constitutional authority to promulgate rules is vested - The Supreme Court
under Article VIII, Section 5(5)?

A. MEMORIZE BY HEART ARTICLE VIII, Section 5(5)

B. What are the limitations on the rule-making power of the Supreme Court - (1)
simpli ed and inexpensive procedure for the speedy disposition of cases, (2) it must be the
same to all Courts of the same grade, and (3) and it must not diminish, increase, or modify the
substantive rights.

IV. What is a Court? -

A. Where does it belong? - Judicial Department (not Judiciary - remove this from your
vocabulary)

B. True or false

1. Military Courts or Commissions and Military tribunals are judicial courts - They
are not Judicial Courts or courts of law and they do not form part of the Judicial Department,
they are agencies of the Executive Department - their decisions will not pass the judicial
system and process but of the authority that created them; their decisions are nal?? And not
reviewable by the Judicial Court??.

a. When can the SC exercise its correcting power or supervision power

over the proceedings these Military Tribunals? - when there is jurisdictional errors (No
jurisdiction to try the case) or where there is grave abuse of discretion (meaning there is
jurisdiction, but there is abuse of discretion) *rule 65 certiorari

b. Can a military court try civilians and why? - NO, military court cannot
try and exercise jurisdiction over civilians for acts and omissions allegedly committed by them
as long as the civil courts are open and functioning (Olegre v. Secretary of Commission).

c. Do tribal courts possess judicial power? - because they are existing in

our indigenous people - they are mere advisory and conciliatory bodies - they are based on
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customs - just like our barangay (they do not have judicial power, but only advisory and
conciliatory bodies)

1. But the decisions of the tribal courts can be enforced or set-

aside in the regular Courts.

V. What is the nature of Philippine Courts? - Both Courts of Law and Equity, hence both legal
and equitable jurisdiction are dispensed or exercised by our courts and tribunals.

A. What is equity jurisdiction? - power of the court to resolve issue based on natural
rules of fairness and justice, and the absence of a positive law governing the issue - the
circumstance demands the resolution of the Court based on fairness and justness

1. Meaning if there is a clear and positive law that governs the issue, then it
must be applied, even if it is harsh.

2. What is the purpose of equity jurisdiction? - to be able to reach a complete

justice, even if there is no law governing the issue.

3. Does equity apply to all cases? - No, because it does not apply if there is a
positive law that governs the issue.

4. What could be the legal basis of the equity jurisdiction of the Court? - Article
9 of the Civil Code, where it provides that the Court cannot decline in rendering decision on the
basis of Silence, Obscurity, or Insu ciency (SOI) of the law.

VI. What is a Constitutional Court? - it is created by the direct Constitutional provision -

example is SC.

A. Is the Sandiganbayan a Constitutional Court? - it is not a constitutional court, but it is

a consititutionally-mandated court which was mandated by Article XIII, section 5 of the 1973
Constitution it is created by a law P.D. 1486 (to create a special court to be called
SandiganBayan)

VII. What are statutory courts? - are those that are created by law other than the Constitution

A. Is the Supreme Court a statutory court? - No

1. Constitution is also a law, our fundamental law, but SC is not considered as

statutory court (based on de nition of statutory courts and constitutional-created courts)

VIII. What are Superior Courts? - These are Courts which have the power to review or
supervision over another lower court (it has controlling authority over other courts) and it has
an original jurisdiction.

A. What are inferior Courts? - are those that are subject to power of review of the
superior courts and they are subordinate to a superior court.

IX. Supreme Court en banc has no appellate jurisdiction or supervisory jurisdiction over
supreme court in division - the decision of the supreme court in division has the same weight
of the decision of the supreme court en banc -

A. Supreme Court en banc cannot issue writ of certiorari to annul the decision of
Supreme Court in division, because the decision of the latter are nal and because Supreme
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 Court en banc has no appellate and supervisory jurisdiction over the Supreme Court in
division.

X. What is the doctrine of hierarchy of court

A. What is the wisdom for the doctrine of hierarchy of court?

B. What are the instances when the doctrine of hierarchy of court may be disregarded?
(BAR EXAM QUESTION) - the instances are very strict - you must prove that these instances
are existing or your particular case fall under these cases, so that you skipping the hierarchy of
court may be allowed.

XI. What is the doctrine of non-interference or doctrine of judicial stability - Courts of co-equal
jurisdiction cannot interfere with the decisions or orders of the other courts (RTC to RTC) - RTC
Manila cannot issue an writ of injunction to prohibit the decision of RTC - the remedy would be
to appeal to an appellate court that has jurisdiction over it.

XII. What is original jurisdiction - the power of the court to take judicial cognizance of a case at
its inception under the provisions provided by law (there must be a law that provides that this
case can be led with this court)

XIII. What is exclusive jurisdiction? - power of the court to adjudicate case (to hear, try, and
decide) to the exclusion of other Courts.

XIV. May a Court have both exclusive and original jurisdiction? Give an example? (Memorize
the examples in book)

A. MTC - FEUD - Cases of forcible entry and unlawful detainer

B. RTC - IPE - civil cases where the value is incapable of pecuniary estimates

C. CA - actions for annulment of judgment of the RTC

D. What is exclusive and original jurisdiction? - Is the power of the court to take judicial
cognizance at its inception to the exclusion of other courts.

XV. What is concurrent jurisdiction? - power of courts to take judicial cognizance of the same
subject matter.

A. however, the rule is when there is concurrent jurisdiction, the Court to which the case
is led assumes jurisdiction over it to the exclusion of others - the doctrine of hierarchy of
courts apply

B. Other term for concurrent jurisdiction? - Coordinate jurisdiction or con uent

jurisdiction

C. Give an example of concurrent jurisdiction - Certiorari, Prohibition, and Mandamus

(CPM) based on Article VIII, section 5 of the Constitution

1. Has the Supreme Court have concurrent jurisdiction over cases a ecting
ambassadors, other prime ministers, and consuls with RTC (basis is Article VIII, section 5 of the
Constitution)

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 XVI. Distinguish Court from a Judge

XVII. True or False

A. Court and Judge is one and the same and why? - FALSE, because the judge is
separate and distinct from the Court in which he presides.

B. why is the continuity of the court not dependent on the judge? - because jurisdiction
does not attach to the judge but to the court, therefore the continuity of the court and the
e ectivity of its proceedings will not be a ected by the death, incapacity, or disquali cation of
the judge.

XVI. What is the concept of jurisdiction? - it is power of the Court to hear, try, and decide the
case. However the concept has been expanded to include the power to execute or enforce the
decision, because the power to execute decision is inherent to its power to hear, try, and
decide the case.

A. Is jurisdiction the power of the judge?

ASSIGNMENT: We will continue from Jurisdiction to Rules 1 to 6

September 23, 2020

I. What is jurisdiction? - Jurisdiction is the power and authority of the Court to hear, try, and
decide case, and to execute the decision it, which is the most important of litigation
(expanded DEFINITION OR CONCEPT). - jurisdiction is no longer con ned with hearing,
trying, and decide the case, because it includes the execution of the judgment, which is
incidental to the exercise of its power to hear, try, and decide the case.

II. Is the jurisdiction the power of the Judge? - NO, it is the power of the Court. Why is that? -
Jurisdiction does not attach to the judge, and it attaches to the Court; judges are o cers of
the Court the presides over it.

A. What if the judge resigns or dies, does it a ect jurisdiction? - NO, because jurisdiction
attaches to the Court, not to the judge, and the law confers jurisdiction to the Court, not
the o cer to it.

III. Does jurisdiction refers to the decision itself? - NO, because jurisdiction refers to the
authority to decide the case and not the decision itself.

IV. What is the test of Jurisdiction? - to determine whether or not

V. Is Jurisdiction depend on the manner how the Judge decide a case??

VI. What if MTC takes cognizance of a case, in which under the law it has no jurisdiction, what
is the e cacy of its decision? - the decision and the proceedings are null and void without
force and e ect.

VII. Why do we have to inquire to the law to test the jurisdiction of the Court? - Because it is
the law that confers jurisdiction, and it is the law that apportions and distributes the judicial
power among the Courts in the Philippines.

VIII. In an adoption case, the wife alone led a petition without joining the husband. Now the
Court granted (old law) the petition. Subsequently, the family code took e ect and both the
Spouses sought to annul the adoption because they contend that under the new law, the
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 petition must be led by both spouses and because it is procedural rule, it has a retroactive
e ect and therefore must be applied to their case. Would you grant the petition of the Spouses
to annul the adoption? - Jurisdiction is determined by a law already in e ect at the time of
commencement of action. In this case, there is already a decision rendered which vests a right,
and therefore it cannot be changed by a new law.

VIX. What are the aspects of Jurisdiction? -

VX. What is Jurisdiction over the subject matter? - Jurisdiction refers to the power to hear a
case that is before it; it is also the power of the court to determine a general class of action to
which a particular proceeding belongs.

VXI. How is Jurisdiction conferred? - It is conferred by the law.

VXII. TRUE OR FALSE - Jurisdiction over subject matter is procedural - False, because it is a
matter of substantive law

A. What law determines whether the Court has jurisdiction? - It is the law that is
enforced at the commencement of the action.

VXIII. What are the consequences of the rule that jurisdiction is conferred by law? - It cannot be
subject to agreement of parties, it cannot be changed by mere agreement, it cannot be
acquired by consent or waiver, it cannot be a subject of a contract, it cannot be acquiescence
of the court,

VXIV. How the Jurisdiction over the subject matter is determined? - It is determined by the
allegations in the complaint and the character of the relief sought

A. What does this mean? - the allegation of the complaint and the character of the relief
sought determines the nature of the case and the jurisdiction of the Court and this is regardless
whether or not the plainti is entitled to his claim.

B. The Court is not required to determine the truthfulness of allegation in determining

the jurisdiction over the subject matter.

VXV. Is the caption of the case controlling in determining the jurisdiction of the Court? - NO, it
is not controlling. It is even dispensable part of the complaint.

A. What do you consult in the pleading to determine the subject matter? - Material
allegations of the complaint.

B. Once the Court acquires jurisdiction, will it change if later it will found-out that the
plainti is entitled to some or all of the claims, because once jurisdiction is acquired it cannot
no longer be removed.

C. Do defenses or evidences determine the jurisdiction of the Court? - NO, because

jurisdiction cannot be made to depend on the defenses set-up by the defendant in the answer,
motion to dismiss, or motion for consideration, otherwise it will be dependant upon the
defendant.

D. TRUE OR FALSE - the amount awarded by the Court determines jurisdiction - FALSE

E. What is the di erence between jurisdiction and exercise of jurisdiction? -

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VXVI. Can you distinguish error of jurisdiction and error of judgment? -

A. There are two ways in which a court commits error of jurisdiction - one is when it has
no jurisdiction as conferred by the law or two though it has jurisdiction, it exercises its
jurisdiction beyond the limits conferred by the law -

B. Error of jurisdiction is correctible by certiorari while error of judgment is correctible by

appeal

VXVII. Is the decision rendered of the court that has an error considered as null and void? - NO,

A. It can be nulli ed (set-aside) by appeal because it valid until set-aside (it is binding
upon the parties).

VXVIII. Does total absence or want of jurisdiction annul the proceedings? - YES, because total
absence of jurisdiction nulli es the proceedings, therefore it cannot be a source of any right - it
can be collaterally attacked and it can be questioned even on appeal (it can be struck down
anytime) -

A. Is there an exception to that rule that it can be struck down anytime, even on
appeal? - When the parties are barred by estoppel or laches - example, the parties participated
for long years without questioning the error in jurisdiction - the void judgment cannot be
annuled.

1. Is the concept of estoppel and laches are mere civil law concepts? - No, they
are also evidentiary concepts.

VXVIX. Can the Court motu proprio dismiss an action if it does not have jurisdiction over the
subject matter? - YES, the basis is section 1 Rule 9 of the Rules of Court (memorize by heart).

A. Based on this rule, it is the duty of the Court (mandatory) to dismiss the action if
based on pleadings or evidence on record, it has no jurisdiction over the subject matter (it can
do it with or without the motion (motu proprio - at its own instance or initiative)

1. What are the three other grounds where the Court can dismiss an action motu
proprio? - a. Lack of jurisdiction over the subject matter b. Litis pendentia?? c. Statute of
limitation or prescription d. Res judicata - they are considered to be unwaivable grounds (it can
still be entertained by the higher courts even if it is raised for the rst time)

a. Motion to dismiss is removed under the new rule (transposed to other

rules), however this rule is retained.

VXVX. In an action for ejectment, the defendant raised as a defense the tenancy relationship.
Does such defense deprived the MTC of jurisdiction? - NO, because it falls under the principle
that jurisdiction is determined by the allegations and character of the relief sought, and not by
the defenses by the defendant.

VXVXI. What is the e ect of lack of jurisdiction over the subject matter (if the Court continues
with the case in which it has no jurisdiction with) - the proceedings conducted and decisions
rendered will be legally void.

A. What if the Court acted in good faith? - Even if the Court acted in goodfaith, the
proceedings it conducted will still be void, because a Court devoid of action cannot render a
decision over the parties, what it can do is to dismiss the action based on Rule 9, section 1.

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 HW for next week: Same coverage Jurisdiction until Rule 6 and study the jurisdiction of
the RTC and Sandiganbayan and study the 2019 revised rules (NEW RULES).

September 30, 2020

I. The Court’s decision rendered in which it has no jurisdiction is void, even if it acted in good
faith, because a Court that has no jurisdiction cannot render decision on a case - the only
duty of the Court in that case is to dismiss it on the ground that it has no jurisdiction to it or
for want of jurisdiction (legal basis - section 1, rule 9 of the REVISED Rules of Court) - and
the Court can do this moto propio (on its own - meaning if there is no motion to dismissed
that was led by a party).

II. Based section 1, rule 9 when can the court moto propio dismiss the case based on the 4
grounds as provided under such rule - 2 rules: (1) when it appears on the pleadings; and (2)
or it appears on evidence on record - either there is already formal presentation of evidence
- if it appears on such evidence on record that it has no jurisdiction, then it can dismiss it
moto propio.

III. On the basis of the allegation in the complaint, the Court determined that it has no
jurisdiction, therefore it issued order dismissal and with the same order of dismissal the
court referred it to another Court with jurisdiction - What can you comment regarding the
act of the judge - the action of the judge in referring the case to court with jurisdiction is not
proper, because the only authority of the judge is to dismiss it and not to refer it -the
remedy of the party is to re le the case (if there is no prejudice) or not re le if there is
prejudice.

IV. Can lack of jurisdiction over the subject matter be invoked at anytime even for the rst time
on appeal? why is this allowed? - (1) Because it is considered to be a non-waivable ground
under section 1, rule 9 (2) this is the necessary consequence of the rule that jurisdiction is
conferred by law, therefore it cannot be agreed by the parties, cannot be acquired by
acquiescence of the court, acquired by unilateral assumption of the court, cannot be
acquired by issuance of administrative issuance of the the Court, cannot be acquired,
waived, enlarged, and diminished by the acts or omissions of the parties.

V. What is the doctrine of primary jurisdiction? What is the other term for this? - It is the
doctrine of primary ADMINISTRATIVE jurisdiction - The Court must rst give the Court
every opportunity to resolve the matters that fall within its jurisdiction, before judicial relief
is sought.

A. What is the objective of doctrine of primary jurisdiction? - is to guide the court in

determining whether it should refrain from exercising its jurisdiction until after the
administrative agency has resolved the controversy or question that falls within its
jurisdiction.

B. What are the examples of this doctrine?

1. TRUE or FALSE. It is the COA and not the RTC that has primary jurisdiction over
money claims of Local Government Units (LGU) - TRUE.

2. What about cases involving employment status of government employees or in the

civil service - case should be led in the civil service commission

C. When you are asked to de ne a doctrine, you say “under this doctrine”

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 VI. What is the doctrine of exhaustion of administrative remedies? - the doctrine mandates
where a remedy is available under the administrative agency, such remedies must be rst
exhausted before seeking judicial relief.

A. If this is not followed (the party went directly to the Court and did not exhaust the
available remedies), the action is treated as premature for judicial relief.

B. This doctrine is corollary with the doctrine of primary jurisdiction - it is founded on

comity (respect) between the Court and Administrative Agencies, because they are co-equal
branches.

C. When is the proper time where the Court can intervene? - when the administrative
remedies under the administrative agencies have been exhausted.

D. What are the exceptions to this doctrine?

VII. What is the doctrine of adherence of jurisdiction? What is the other term for this? -
Continuity of jurisdiction - once jurisdiction has been acquired of the court, it attaches until the
it disposes of terminates of the case.

A. Will the nality of a judgment end the jurisdiction of the Court? - NO, because it has
jurisdiction to execute or enforce the judgment; what it loses is the power to amend or alter its
judgment - this is based on the principle that the concept of jurisdiction of the Court has been
expanded to include the power to enforce such decision.

VIII. What is the doctrine of ancillary or incidental jurisdiction? - to adopt all means necessary
to carry into e ect its jurisdiction.

A. What is this purpose or why is the court given this kind of jurisdiction? - for it to fully
carry its jurisdiction into e ect.

B. What is the basis of this doctrine of ancillary or incidental jurisdiction? - Section 6,

Rule 135 of the Rules of Court and section 5 of the same rule (inherent of powers of the Court)-
example: motion for clari catory order or motion to deposit.

C. OWN NOTES: related with the exercise of its equittable jurisdiction.

VIX. What is jurisdiction over the issues? -

A. What is an issue? - it is the disputed point or question that the parties to an action
have raised and upon which they are desirous of obtaining decision.

B. How is the jurisdiction over the issue conferred and determined? - GR: jurisdiction
over the issue is conferred and determined by the allegations in the pleading - therefore it is the
pleading of the parties that present the issues to be resolved - based on it the court will
determine whether it is an issue of fact or law - and for it to determine this, the allegations in
the pleadings - the Court must pass upon only issues that are raised in the pleadings.

C. How does an issue arise? - because a material allegation of the claiming party is
denied by the defendant - there is now a dispute.

1. Is every denial lead to an issue? -

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 2. What is an e ective denial? - under section 10, rule 8 of 2019 REVISED Rules
of Court - must be e ective and must conform to the manner in making denial under section
10, rule 8 (this rule is the same with the old and new rule)

a. What is the e ect if the denial is not made in accordance with the
rules? -

i. Will there be an issue if the denial is made in accordance with

the rules? - NO, because if it does not conform in accordance with section 10, rule 8 such
denial will be construed as an admission - therefore when the defendant admits the material
allegations of fact of the claiming party, there is no controverted issue between the parties.

ii. Failure to raise any genuine issue to any material fact or the
answer fails to tender any issue, the case shall now be submitted on summary judgment...
(section 10, rule 18 under the NEW rules - not in the old rule)

HW: read section 10, rule 18 (new rules - not included in the old rule) - we will start from
Jurisdiction over the Issues (where we left-o until Rule 6)

October 7, 2020

I. Rule 18, section 10 - Judgment after pre-trial

A. Under the old rules, this does not exist - what applies is the rule on judgment on
pleadings or summary judgment, which requires a motion of a party - under this new
rule, the Court can motu proprio include in the pre-trial order that the case be submitted
to judgment on pleadings or summary judgment under rule 35.

B. If the Court ordered that the case be submitted to judgment on pleadings or summary
judgment, can it be subjected to appeal or certiorari? - NO, because it is expressly
provided by Rule 18, section 10 that the order of the Court shall not be subject to an
appeal (appeal is part of the continuous appeal process) or certiorari (certiorari is not
part of the appeal process)

1. what is the remedy of the defendant? - wait for the order per se of the court
submitting the case to summary judgment or judgment on the pleadings, then have
a motion for reconsideration - wait for the summary judgment or the judgment on
the pleadings

C. Mediation comes before pre-trial - it applies to criminal cases also??

D. Can the jurisdiction over the SUBJECT MATTER be conferred by stipulation of the
parties? - NO, because jurisdiction over the subject matter is conferred the law.

1. Can the jurisdiction over the ISSUE be stipulated by the parties? - YES, under
section 2, rule 18, the parties may enter into stipulation of facts or documents or to
enter into an agreement to simplify the issues - the purpose is to limit issues that
will be tried to avoid proo?

E. Can issue arise in a case even if it is not raised in the pleadings? - YES, if those issues
were tried (exist in trial) with the express or implied consent of the parties and evidence have
been presented, and the party has waived or failed to object timely to the presentation of the
evidence, such matters or issues shall be treated in all respect as if they have been raised in
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 the pleadings - the evidence will be admissible - basis is Rule 10, section 5 of the revised rules
of court.

1. Is an amendment of the pleadings necessary to conform to or to authorize

presentation of evidence on matters that were tried with the express or implied consent of the
parties? - NO, it is not necessary - the basis is Rule 10, section 5 - because the pleadings are
deemed amended, hence no amendment is necessary to conform to or to authorize the
presentation of evidence on matters that were tried with the express and implied consent of
the parties

F. Can you distinguish question of law from question of fact? -

1. When is there a question of law? - when there is question (doubt or di erence) as to

what law will apply to certain set of facts - example: is Cruz case applicable or De la cruz case
or is section 13 of the applies or section 15 applies

2. When is there a question of fact? - when there is question (doubt or di erence) as to

truth or falsehood of the facts or there is a need to determine the probative value of the
evidence

3. If the doubt requires the presentation of evidence, is it a question of law or question

of fact? - question of fact

4. If it requires the review of evidence? Question of fact

5. What is the test of whether it is question of law or fact? - it is a question of fact, if the
court needs to review the evidence and the presentation of evidence, otherwise it is a question
of law.

G. What is jurisdiction over the parties? - refers to the power of the Court to render personal
judgment against a party to a proceeding or to make decisions that are binding on persons
(either su er or bene t from the judgment)

1. It is also called as jurisdiction in personam

2. What is it important for the Court to acquire jurisdiction over the parties? - because it
is an essential element of due process - that is essential in all kinds of action, whether civil or
criminal

3. Is jurisdiction over parties required in all kind of civil actions? - NO, because
jurisdiction over parties or person is not required in actions in rem or quasi in rem - meaning
the court can proceed in actions in rem or quasi in rem even if it did not acquire jurisdiction
over the person of the parties

4. Why is acquisition of jurisdiction over parties vital or important in civil cases where it
is required? - because it is vital for the enforcement of the judgment of the Court against such
person - because a person not within the jurisdiction of the Court is not bound by the judgment
of the Court.

5. How is jurisdiction over the parties acquired? Depending who the party is.

a. Plainti - jurisdiction is acquired over the person of the plainti as soon as he

les the complaint or petition - why is that? - because the mere ling of the complaint
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 necessarily means he is voluntarily submitting himself to the authority of the Court - because
the plainti is invoking the judicial relief in his complaint or relief.

b. Defendant - jurisdiction over the person of the defendant is acquired by a

valid service of summons or by the voluntary appearance of the party in an action.

6. May the Court acquire jurisdiction over the person of the defendant even without the
service of summons or despite a defective service of summons? - YES, when the defendant
voluntary appears before the court or submits itself to the jurisdiction of the Court - what is the
basis? Section 23, rule 14 (defendant’s voluntary appearance in the action is equivalent to the
service of summons - it is as if the a valid service of summons is made) - under the same rule,
the inclusion in MTD of the other ground aside from the lack of jurisdiction over the person of
the defendant shall be deemed a voluntary appearance - this rule depart from the OLD rule, the
inclusion of the other ground aside from the lack of jurisdiction over the person of the
defendant shall NOT be deemed a voluntary appearance.

7. Under the present rules, what is the duty of counsel of record who makes a special
appearance where the summons served to the defendant is defective or is improperly served?
- under rule 14, section 13 of RCC, the counsel shall be deputized by the Court to serve the
summon to his client - this does not appear under the old rule - under the old rule improperly
served summons or defective motions is a ground for motion to dismiss on the ground that the
court over the person of the defendant.

8. When would be a defendant deemed to have been voluntarily submitted himself to

the Court? - as a GENERAL RULE, it is a voluntary appearance when the defendant who
sought a rmative relief with the Court (such as ling of extension of time, etc), EXCEPT if the
relief sought is for the purpose of objecting to the jurisdiction of the court over the defendant,
however the objection made must be explicit and unequivocal, otherwise it will constitute a
voluntary submission to the jurisdiction of the Court (p.87)

H. Action in rem or quasi in rem - jurisdiction over the parties is not required in action in rem or
quasi in rem

1. is it necessary to serve summons? - it is necessary to comply with the requirements

of due process - because you will subject the interest of the person over his property to the
jurisdiction of the Court (you have to give an opportunity to the defendant to know that his
property is subjected to the jurisdiction of the Court)

HW: From where we left-o - jurisdiction over the issue (done??), jurisdiction over the
res, jurisdiction of trial court then rule 1 to rule 8

October 21, 2020

November 4 - Midterms

I. What is the Jurisdiction of the Supreme Court

A. What is the exclusive and original jurisdiction of the Supreme Court?

1. What is your basis?

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 a) Article IX, section 7 of 1987 Constitution - Rule 64 - review on judgment of COE
and COA

B. Concurrent and Original Jurisdiction of the Supreme Court with Court of Appeals? -

1. Doctrine in St. Martin Funeral Homes case - Can you go directly to the Supreme
Court? - Generally NO, because you follow the doctrine of hierarchy

C. Concurrent and Original Jurisdiction of the Supreme Court with RTC?

D. What is the appellate jurisdiction of the Supreme Court?

1. Petition for review on certiorari under rule 45 - in cases involving pure

questions of law (basis is rule 45, section 1)

a. Is the petition for review on certiorari an extraordinary appeal or

appeal? Appeal - it is continuation of appeal process, while rule 65 or petition for certiorari is
extraordinary remedy?? This is based on GADALEJ

2. Article VIII, Section 5(2) of the 1987 Constitution

E. What is the original jurisdiction of the Supreme Court?

1. Can you le cases originally with the Supreme Court? - As a general rule, NO.
However, there are certain exceptions, subject to the doctrine of hierarchy of courts.

a. What are these exceptions, meaning what are the cases that can be
led originally with the SC?

b. Where can you nd these enumeration cases that can be led

originally with the Supreme Court? Rule 56, section 1.

F. How is the appeal in Supreme Court taken? - only by Rule 45 or petition for review on
certiorari

1. Why is there an exception on criminal cases under Section 3, Rule 56 of rules

of court? - because criminal cases where the penalty imposed is death, reclusion perpetua, or
life imprisonment is for automatic review of the Supreme Court

G. How is appeal to Supreme Court made?

H. What cases must be heard En Banc? -

I. BAR EXAM (2012) What happens if the opinion of the Supreme Court en banc is
equally divided or the necessary majority cannot be had?

J. May a doctrine or prinicple of law laid down by SC en banc or division be reversed or

modi ed? YES, but by Supreme Court en banc.

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 K. What is the exclusive and original jurisdiction of the Court of Appeals?

L. What is the concurrent jurisdiction of the Court of Appeals?

1. With the Supreme Court?

2. With the Supreme Court and RTC?

3. How about auxiliary writs or processes whether or not in aid of its appellate
jurisdiction, is the CA has concurrent jurisdiction with the RTC and SC?? - YES, under B.P. 129

M. What is exclusive appellate jurisdiction of the Court of Appeals? -

*review of decisions of Court exercising appellate review is via petition for review

1. Decisions of Ombudsman over admin cases can be reviewed by CA by virtue

Rule 43.

a. But how about criminal cases rendered by Ombudsman, where can it

be appealed to? And what is the mode of review? - It will be led to SC via rule 65 petition for
certiorari (Fabian v. Disierto) section 14 R.A. 6770???

N. Where do you appeal the decisions of CA sitting en banc? - It cannot be appealed,

because CA does not sit en banc for adjudicatory functions (not to decide cases), but only for
the purpose of exercising administrative, ceremonial, or other non-adjudicatory functions
(section 4, B.P. 129)

O. May a Court of Appeal act as trial court?

P. What is the exclusive appellate jurisdiction of CTA? What is the basis?

Q. What is the jurisdiction of CTA over tax collection cases? Exclusive original
jurisdiction and Exclusive appellate jurisdiction?

R. What is the jurisdiction of Municipal Trial Courts? -

1. Exclusive original jurisdiction

a. Jurisdictional amount with exception

b. Actions for forcible entry and unlawful detainer

i. Will we consider the amount of the property? - NO, regardless

of the amount it will always fall under the jurisdiction of MTC, as provided under the rules on
summary procedure.

c. Actions involving title to, possession of or any interest in real property

d. Other cases where the total amount does not exceed 200,000 outisde
metro manila, exclusive of IDALC???

e. How about probate proceedings? -

S. What is totality rule?

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 NEXT WEEK: October 28 - Jurisdiction of MTC, RTC up to rule 15 and read amended
rules starting rule 6; read also katarungang pambarangay and rules on summary
procerdure; Exams would be on November 18

November 4, 2020

I. What are the three test to ascertain whether two suits relate to a single or common cause
of actions? - A. Same evidence test; B. Whether the defense in one case substantiates the
complaint in the other (whether the defense in one action can be used to substantiate in the
other complaint) ; C. Whether the cause of action in the second case exists at the time of
the ling of the rst action. - that is why forum shopping is prohibited, most especially the
deliberate.

A. Umali case - the respondent in that case led an unlawful detainer even before the
expiration of the lease contract on the ground that the terms were violated - check the
book.

1. There is no splitting of cause of action, because the cause of action in the second
action was not yet existing at the time of ling of the rst action.

B. What is the ground in dismissing the case by reason of splitting the cause of action? -
on the ground of litis pendentia

II. What is the joinder of cause of action? - assertion of as many of causes of action that a
party may have against another in one pleading alone.

A. Basis - Rule 2, section 5

B. Is joinder causes of action compulsory or mandatory? - It is not compulsory or

mandatory, but only permissive

C. Is misjoinder of cause of action a ground for dismissal? - NO.

1. If it is not a ground for dismissal, what then is your remedy? - Under rule 2,
section 5, the Court may, at its own initiative (motu proprio) or upon motion of the party, have
the causes of action severed and proceed with it separately.

III. What is an action?

A. What is the di erence between an action and a suit? - NO, they are interchangeable
terms; they are synonymous.

B. The operative act that converts a claim to a suit or action is? - ling the same in
Court.

C. What is civil action? -

D. What is a criminal action? -

1. What is the purpose of the criminal action? - to prosecute person because of

his acts or omission punishable by law

a. What basis? - Rule, section 3

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 E. What is a special proceeding? Proceeding the purpose of which is to establish a
status, right, or a particular fact.

1. Examples of special proceeding? - determination of the legal heirs;

a. Can the status of an illegitimate child who claims to be an heir to a

decedent’s estate be determined in an ordinary civil action like recovery of property? - NO.

1. Why NO? - because it is subject to a special proceeding action

and therefore be adjudicated in a special proceeding - because the purpose of special
proceeding is to establish a right, among others.

2. May the ordinary rules for ordinary civil actions be made applicable to special
proceedings? - YES, but in the absence of special provisions, rules in civil procedure may be
applied in special proceedures, as far as practicable. (Rule 72, section 2??)

IV. What are the two main category of parties in an action? - Plainti and Defendant

A. who is the plainti ? - it refers to the claiming person

1. Does the term plainti only exclusively refer to the party who led the
complaint? NO, because it is explicitly provided in the Rule 3, section 1 that the term plainti
may refer to a defendant who les a counter-claim (counter-claimant - he is now a plainti ), or
to cross-claimaint, or third party claimaint.

B. Who is a defendant? - it refers to the original defending party.

1. May a plainti be a defendant at the same time in the same action? - YES

a. When? - when the counterclaim is led against the ORIGINAL plainti

(example: in the answer of the defendant, a counter-claim against the original plainti is
included in such answer) - Basis? - Rule 3, section 1

V. Who may be parties to a civil action? - Under rule 3, section 1, natural persons, juridical, or
any entities that are authorized by law may be parties.

A. Who are the juridical parties who may be parties to a CIVIL ACTION? - under section
44 of the civil code, the State and its political subdivisions, other corporation and entities
created by law for public interest, or corporations, partnerships, and associations, created by
law for private interests to which granted by law separate juridical personality from those of its
shareholder, partner, or member.

VI. Does a party need to be a natural or juridical person to be able to be a party in a civil
action? - NO, because it is expressly stated in the rules that entities authorized by law may also
be a party in a civil action (Rule 3, section 1)

A. Give example - corporation by estoppel (corporation by estoppel is precluded from

denying its corporate existence) - its members can be held liable as general partners; where a
partnership has a capital of 3,000 was not authorized or when it does not comply with the
requirements under the law (they will be liable as a partnership to third persons); Roman
Catholic Church and as to its properties, the archbishop to the diocese to which they belong,
estate of a deceased person (has a personality of its own - the creditors can claim from the
estate); legitimate LO (LLO); under rule 3, section 15 (entity without juridical personality as
defendant

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 1. What is the obligation of the defendant under rule 3, section 15? - they should reveal
the names and addresses of its members in his answer as they are the persons ultimately liable
to plainti .

2. May an entity without juridical personality under rule 3, section 15 sue as plainti ? -
NO, because the authority to that kind of entity under the rule is being con ned as a defendant,
not as plainti .

VII. May a dissolved corporation prosecute or defend a suit? - YES, but the suit must only
involve the settlement and closure of its a airs (winding-up of a airs) and must be within 3
years from its dissolution.

VIII. What is the e ect of a party impleaded is not authorized to be party? - YES, it depends on
whether the party is a plainti or a defendant - if plainti , under the old rule, it is a ground to
dismiss (rule 16 par b.) on the ground that the plainti has no capacity to sue, but under the
new rule, the remedy is to raise it as an a rmative defense under rule 8, section 12.

1. If the party who is not authorized is the defendant, the e ect would be a ground of
dismissal under the OLD rule on the ground of failure to state cause of action (because a
complaint cannot possible have a cause of action against a person who cannot be a party to a
civil action) - BUT under the new rule, it can be raised as a rmative defense on the ground that
there is failure to state cause of action.

IX. Is it required to allege the party’s capacity to sue? - YES, under the rule 8, section 4, the
facts stated must state the capacity to sue or be sued or authority of the party to sue or be
sued in a representative capacity or the legal existence of an organized association of persons
that is made a party.

X. May a minor or incompetent person sue or be sued? - YES, provided that with the
assistance of his father, mother, guardian, or guardian ad litem??

XI. Who is a real party in interest? - he is a party who stands to be bene ted or injured by the
judgment of the court in the suit or the party who is entitled to avail of the suit (judgment)??

ASSIGNMENT: Same coverage??

January 6, 2020 (Discussion next week; exam the week after)

I. ADMIN MATTER NO. 20-12-01-SC - rules issued by SC governing video conferencing of

hearings all throughout the country. (Not part of the exam, but study for bar exam
purposes.

II. May a rmative defenses include grounds for dismissal of a complaint? - YES, basis is Rule
6 of the Rules of Court.

A. Under the new rules (2019), what are the grounds for dismissal that you may raise in a
motion to dismiss? - Res judicata, Litis pendentia, Lack of jurisdiction over subject
matter, prescription (barred by statute of limitations) - these are four unwaivable ground
in a motion to dismiss that can be raised also as an a rmative defense.

III. What is a counter-claim? - it is any claim that a defending party has against the opposing
party.

A. What is a compulsory counter-claim? -

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 1. What are the elements for it to be considered as a compulsory counter-claim?

a. Does adjudication requires the presence of third parties?

b. Is it necessary that the Court acquires jurisdiction both as to amount

and nature? YES, as to MTC

i. Is there an exception? - YES, as to cases that falls within the

ORIGINAL JURISDICTION of the RTC as to nature, regardless of amount??

B. What happens when you le an answer without raising a counter-claim? - Section 7,

rule 6, counter-claim that is not raised in an answer is deemed barred, except if allowed by the
rules.

IV. What is a cross-claim? - it is a claim by a party against a co-party that arises from the
occurrence of the...

A. Can you le a counter-claim against a counter-claim? - yes, as provided by the rules.

B. Can you le a cross-claim against another cross-claim? - Yes, as provided by the

rules

V. What is a reply? - is a pleading, the o ce and function of which is to deny or allege facts in
denial of or avoidance of new matters alleged in or relating to an actionable document (Rule 10
of RROC)

VI. Complaint is an initiatory pleading, because it initiates a suit -

A. Answer - is an responsive pleading, because it responds to a pleading

B. Reply - A reply can be led, provided that the answer has an attached actionable
document to it.

VII. What is an actionable document? - is a document which is the basis of the claim or
defense

A. Actionable document must be properly pleaded - The substance of the actionable

document must be alleged in the pleading and the original copy must be attached to the
pleading as an exhibit.

1. If you want to contest an actionable document? - the adverse party must

speci cally deny the actionable document and set forth the facts he claim to be true and deny
the document under oath (attach a veri cation page to your pleading), otherwise the adverse
party has deemed admitted the genuineness and and due execution of the actionable
document, and because of this admission, you can no longer deny and you are deprived of
certain defenses (you can not deny that the instrument is forged or you can no longer claim
that the person has no authority to execute the document) - Section 8 in relation with section
10.

a. Is denial under oath an absolute requirement? - NO, because it is not

required when (1)when the adverse party is not a party to document, or (2) when compliance to
an order to inspect the original document was refused.

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 i. What is the e ect of failure to speci cally deny the allegations in
the pleading? - they are deemed admitted other than the amount of unliquidated damages.

VIII. Who should sign the pleading and other submissions to the Court? - Under Rule 7, it is
the party or the counsel representing him or her.

A. What does the signature of the counsel mean? - it constitutes a certi cate by him
that he has read the pleading or document and to the best of his knowledge, information, and
belief formed after a reasonable inquiry under the circumstances that it is not presented for
improper purposes of.. and second that...

1. What happens if the Court determines that the counsel violates the above
rule? - the Court may do (1) impose appropriate sanctions, or (2) refer to the proper o ce (IBP
or SC) for disciplinary actions??

a. What is the liability of the law rm of the violation of the associate/

employee/counsel of the rule? - the liability of the law rm is joint and several (solidary)

b. Other sanctions that may be imposed by the Court - non-monetary

(reprimand), order to pay penalty, an order directing payment of reimbursement and other fees
a certain amount..

2. Motion for sanction - you are asking the court that the counsel or law rm be
sanction for the violation of the certi cation rule.

3. May the lawyer or law rm pass on the monetary sanction to his clients? -
NO, because it is explicitly provided under section 3 that it cannot be passed

B. What is the e ect of an unsigned pleading? - it produces no legal e ect.

IX. How is a pleading veri ed? - a pleading is veri ed by an a davit of an a ant duly
authorized to sign such veri cation..

A. Why does the Rules of Court stated that the a ant must be duly authorized to sign
such veri cation? - because not all parties in an action is a natural person; it can be a
corporation, association, or partnership who acts through its duly authorized o cers (the SPA
or authorization must be attached??).

B. What should be contained in the veri cation? - (1) that the allegations in the pleading
are true and correct based on his .. (2) that the pleading was not led to cause to harrass or to
cause delay.. (3) that the factual allegations have evidentiary support or..

C. What is the purpose of the a ant in the veri cation page? -

D. What is the e ect of the pleading that needs to be veri cation that is based on
“belief” or unveri ed - treated as unsigned and therefore produces no legal e ect

E. Does the absence or defective veri cation render the pleading fatally ine ective? -
NO, because it is a formal and not a jurisdictional requirement and the requirement is not a
condition a ecting the action, but the form only - the Court may order correction.

1. There is an exception (jurisprudence)

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 2. Bar Matter no. 287 - must indicate in the pleading the PTR no. (Current) and
IBP - in addition with MCLE compliance certi cate certi cate no. (Failure to comply with mcle
rule, the case will be dismissed and the action will be expunged from the records??) And ... -
failure is a ground to disciplinary matter or contempt of court - the Court may not act on the
action

a. Roll of Attorneys no. must be indicated in pleading - Bar Matter no.

1132

X. Rule 8 - manner of making allegations in the pleading - this is how you state or allege your
claims and defenses in your pleading

A. Section 1 - if your defense is based on law, you are entitled to state or cite that law
or supreme court ruling and you should state how such law or SC ruling support your defenses

B. Section 2 - you are allowed to have alternative cause of action or defenses

C. Section 3 - if there is a required condition precedent (katarungang pambarangay) -

you must state in your pleading that you complied with the condition precedent

D. Capacity to sue or be sued - you must state your authority

E. Section 5 - when you have alleged fraud or mistake, you have to allege the
circumstances or facts constituting the fraud or mistake - it must be stated with particularity
(why was there fraud or mistake); but knowledge, malice, intent, or other conditions of mind of
persons, they may be alleged generally.

F. Section 7 - de nition of actionable document

G. Section 8 - how to contest actionable document

H. Section 12 - a rmative defenses that can be raised in answer - these are actually
the grounds for a motion to dismiss under the old rules (no longer allowed in the present rules
to be presented as grounds for MTD); rule 15 (grounds for MTD??)

1. Section 12 par b - failure to raise these a rmative defenses in the earliest

opportunity (when you le the answer) shall constitute a waiver thereof

I. Section 13 - Motion to strike in relation with Rule 15 section 5(c)

XI. Rule 9 - a rmative defenses not raised at earliest opportunity are deemed waived, except
for the 4 unwaivable grounds (and if these grounds are present, the Court may dismiss the
pleadings motu proprio)

A. These 4 grounds are the same ground that may be raised as grounds for MTD (rule
15, section 12)

B. Section 3 - declaration of default - if the party fails to answer within the time given,
the court upon motion with notice to the party and proof of such failure, such declare the
defending party in default - the Court shall proceed to render judgment either granting the
claimant as the pleading may warrant or may require the claimant to submit additional
evidence.

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 1. If the party is declared in default - will be given notices, but shall not be
entitled to take part in trial - the remedy of the party from the order of default is to le a motion
under oath to set aside the order of default before rendering of judgment and he has to show
to fraud, mistake, accident, and excusable negligence and that you have meritorious defense.

2. E ect of partial default (2 out of 4 parties are in default, example - the Court
will proceed the trial of the case based on the reply and evidence presented.

3. Extent of reliefs to be rewarded to the parties declared in default?? - amount

prayed by the parties and it cannot be di erent

a. Can the Court grant unliquidated damages? - NO

4. When default is not allowed - declaration of nullity, legal separation, and

annulment - there must be investigation whether or not there is collusion between the parties -
if there is no collusion, to intervene on behalf of the State (OSG)

Scope of the Final Exams will be until the end of the lecture (90%); Special Civil Actions
(10%)

January 13, 2020

I. Rule 65 is an original action (special civil action), while rule 45 is an appeal and part of the
court of appeals

A. After rule 65, you can still le rule 45

II. When an action is led, the ling must be accompanied by requisite docket fees - payment
of the fees is when the court acquires jurisdiction over the case - payment of full amount is
mandatory, but it was relaxed in Sun Insurance v. Asuncion (payment within reasonable period
of time granted by the Court but not beyond the prescriptive period granted)

A. Filing of the action enables the court to acquire jurisdiction over the person of the
plainti , even if the plainti is not a resident of the country?? And the ling of the action
interrupts the running of the prescriptive period based from 1155

III. Rule 9 - e ect of failure to plead - remedy of the party that what was declared in default - to
le a motion to set aside the order of default upon showing that the default is due to FAMEN
and it must be accompanied by veri ed a davit and merit??

A. Remedy of the party - petition for certiorari under rule 65 - Person declared in default
that is not served with summons - order of default is not valid

B. Period to le an answer has not lapsed - improper to le a motion to declare the

person in default

C. E ect of Declared in default - not required to participate in trial?? But may be noti ed
of the ???

1. Defendant declared in default must be noti ed of the motion asking that he be

delcared in default as well as the order of default itself - he is entitled notices, because an
order of default does not mean the he is deprived other rights

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 D. Extent of relief in a default judgment - shall not exceed the amount that has been
prayed for by the plainti

1. Unliquidated damages shall not be awarded

E. Summary procedure - defendant fails to le his answer, can he be declared in

default? - NO, the remedy is not to le a motion to declare a dfendant in default is a prohibited
motion (section 19, par. H) - remedy is to le a motion to render judgment which can be done
motu proprio

IV. Rule 10 - pleadings may be amended by adding or striking.. (rule 1)

A. Just and speedy disposition of justice - purpose of the rules

B. After the ling of the complaint, the pleadings may be amended - once as a matter of
right at any time before a responsive pleading is served or in the case of a reply, within 10 days
after it has been served

1. In amendments as a matter of a right - Court has no discretion on the matter,

because it is an absolute right and the Court must accept it - and if the Court refuses to admit
it, he be compelled to do so via mandamus

2. Can only be made once - why? Because it is explicitly provided under the
rules

3. You can still amend the pleading even if a motion to dismiss has been led,
because the MTD is not responsive pleading

C. After a responsive pleading has been led - by leave of Court

D. Amendment can be applied to reply

E. if the court has no jurisdiction on SM, it cannot act on amendment with leave of court
- this rule does not apply to amendment as a matter of right.

1. Amendments to cure jurisdictional defect before a responsive pleading has

been led is allowed, while amednments led after a responsive pleading has been led, not
allowed

2. Amendment as a matter of right - just le a notice to amend not a motion

F. Supplemental pleadings - (supplemental complaint or answer) transactions

occurrence that occured after the ling of the pleading - you must le a motion rst

G. Amended pleading supersedes the pleading it amends

1. All the defenses and claims that has been made in the original pleading that
was not raised in the amended pleading, are deemed waived

V. Rule 11 - period to le responsive pleadings

A. Foreign juridical entity - 60 days

B. Section 1 must be read with section 11 of rule 11

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 VI. Rule 12 - Bill of particulars -

A. Before responding to a pleading - may move for bill for particulars for any matter that
is not averred with de niteness and su cient particularity - to properly prepare his or her
responsive pleading

B. The motion is granted and the party has failed to complied within 10 calendar days
from notice, the court may order the striking of the pleading

C. Bill of particular forms part of the pleading??

VII. Filing and service di erence - rule 13 - ling is the act of submitting the pleading to the
Court; service is the act of providing the other party the copy of the pleading and other court’s
submission

A. If you are represented by a counsel, Service upon counsel is su cient... unless the
Court directS that the service be upon the counsel and the party

B. Four modes of ling of plead

1. Personal ling - submitting personally the original copy - the clerk of court
must indicate the date and hour of pleading

2. Registered mail - date of mailing as shown by the registry receipt??

3. Accredited courier

4. Transmission by email or other electronical means as may be authorized by

the Court.. - date of the electronic transmission

C. Modes of service - personal service, registered mail, accredited courier, transmission

by email

D. Section 8 - substituted service; section 9 - important amendment

E. Section 10

F. Section 14 - important amendment - initiatory pleadings and initial responsive

pleadings thereto (answer or comment or subpoean, protection orders or wrtis) - should be
through personal service or registered mail

G. Notice of lis pendens - notice that the property is subject of a pending litigation -
must be led in the registry of deeds.. in the province where the property is located - to warn
third parties who will transact with the property - it may be cancelled upon order of the Court
(you must submit a certi cate of nal executory in the registry of deeds that the case has
terminated)

VIII. Rule 14 - who issues the summons? - the Court will direct the clerk to issue the summons
to the defendants

A. When is summons signi cant - to determine whether the Court has acquired
jurisdiction over the person of the defendant

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 B. Sherrif or deputy - failure to serve summons, the Court may authorize the plainti
together with sherrif or his deputy

C. Dismissal with prejudice - you cannot re le - the remedy is to appeal

D. Section 12, rule 14 - before the enumeration was restrictive and exclusive, but in the
revised rules of court, there seems to be a relaxation of the rule but only in the absence or
unavailability of the 6 enumerated.

IX. Rule 15 - motion - application for relief other than by a pleading

A. Litigious motions - one that a ect the rights of the party and contain contentious
matters

B. Rule 15, section 5(c) - what is the remedy if the other party led a reply (not allowed -
no other submissions are allowed) - rule 8, section le a motion to strike

C. Rule 15, section 9 - exception to the provisions of Section 1, Rule 9 (unwaivable

grounds)

X. Rule 17 -

A. Section 1 (dismissal upon notice by plainti ) - akin to amendment as a matter of right

( ling of notice only)
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