LAST MINUTE TIPS: REMEDIAL LAW U.P.

LAW BOC

ADDENDUM

Q1: What is the Final Judgment Rule?

A1: Once a decision or order becomes final and executory, it is removed from the power or jurisdiction of the court
which rendered it to further alter or amend it. [Siliman University v. Fontelo-Paalan, G.R. No. 170948 (2007)]

Q2: What does the Doctrine of Immutability of Judgments provide?

A2: judgment that has acquired finality becomes immutable and unalterable, and may no longer be modified in any
respect, even if the modification is meant to correct erroneous conclusions of fact and law, and whether it be made by
the court that rendered it or by the Highest Court of the land. [PNB v. Spouses Maranon, G.R. No. 189316 (2013)]

Q3: What is the rationale behind the Doctrine of Immutability of Judgments?

A3: To avoid delay in the administration of justice, and procedurally to make orderly the discharge of judicial business;
and To put an end to judicial controversies at the risk of occasional errors. [PCI Leasing and Finance, Inc. v. Milan, G.R.
No. 151215 (2010)]

Q4: What is the Principle of Judicial Hierarchy?

A4: The principle of hierarchy of courts requires that recourses should be made to the lower courts before they are made
to the higher courts. [Republic v. Caguioa, G.R. No. 174385 (2013)]

Q5: What is the rationale behind the Principle of Judicial Hierarchy?

A5: Parties must observe the hierarchy of courts before they can seek relief directly from the Supreme Court – the
rationale is two-fold:
1. It would be an imposition upon the limited time of the Court; and
2. It would inevitably result in a delay, in the adjudication of cases, which are remanded or referred to the lower
court as the proper forum, or a trier of facts.
[People v. Azarraga, G.R. No. 187117 (2011)]

Q6: What is the effect of disregarding the Doctrine of Hierarchy of Courts?

A6: A disregard of the doctrine of hierarchy of courts warrants, as a rule, the outright dismissal of a petition. [De Castro
v. Carlos, G.R. No. 194994 (2013)]

Q7: Is there any situation where the Doctrine of Hierarchy of Courts may be disregarded?
A7: Yes. The SC has allowed direct invocation of its original jurisdiction to issue writs of certiorari when:
1. There are special and important reasons clearly stated in the petition
2. Dictated by public welfare and the advancement of public policy
3. Demanded by the broader interest of justice
4. The challenged orders were patent nullities
5. Analogous exceptional and compelling circumstances called for and justified the immediate and direct handling
of the case
[Republic v. Caguioa, G.R. No. 174385 (2013)]

Q8: Does the Sandiganbayan have jurisdiction over public officials with Salary Grade 26 and below?
A8: However, the law is not devoid of exceptions. Those that are classified as Grade 26 and below may still fall within
the jurisdiction of the Sandiganbayan provided that they hold the positions thus enumerated by the same law (P.D. No.
1606 as amended by R.A. No. 8249). [People vs. Sandiganbayan, G.R. No. 167304 (2009)] Particularly and exclusively
enumerated are provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other provincial department heads; city mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers, assessors, engineers , and other city department heads; officials of the
diplomatic service occupying the position as consul and higher; Philippine army and air force colonels, naval captains,
and all officers of higher rank; PNP chief superintendent and PNP officers of higher rank; City and provincial
prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
and presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or
educational institutions or foundations. [People vs. Sandiganbayan, G.R. No. 167304 (2009)]

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Q9: When does the counterclaim survive despite the dismissal of the complaint?
A9: The dismissal of the complaint shall be without prejudice to the prosecution in the same or separate action of a
counterclaim pleaded in the answer in the following cases:
1. Dismissal under Sec. 6, Rule 16 – where the defendant does not file motion to dismiss but raises the ground as
an affirmative defense
2. Dismissal under Sec. 2, Rule 17 – where the plaintiff files a motion to dismiss the case, after the defendant had
filed a responsive pleading
3. Dismissal under Sec. 3, Rule 17 – where the complaint is dismissed due to the fault of the plaintiff.

Q10: When is a Certification of Non-Forum Shopping required?

A10: In the complaint or other initiatory pleading asserting a claim for relief. (Rule 7, Section 5)

Q11: What should a Certification of Non-Forum Shopping undertake?

A11:
1. That he has not commenced any action or filed any claim involving the same issues in any court, tribunal or
quasi-judicial agency and, to the best of his knowledge, no such other action is pending;
2. If there is such other pending action or claim, a complete statement of the present status thereof, and
3. If he should learn that the same or a similar action or claim has been filed or is pending, he shall report that
fact within 5 days to the court wherein his aforesaid complaint or initiatory pleading has been filed. (Rule 7,
Section 5)

Q12: In a counterclaim, is a Certificate of Non-Forum Shopping required?

A12: CNFS is not required in a compulsory counterclaim, as this is not an initiatory pleading. [UST Hospital v. Surla,
G.R. No. 129718 (1998)] However, a certification is needed in permissive counterclaims. [Korea Exchange Bank v.
Gonzales, G.R. No. 142286 (2005)]

Q13: What is the rationale for requiring a Certificate of Non-Forum Shopping?

A13: The plaintiff, not the counsel, is in the best position to know whether he or it has actually filed or caused the filing
of a petition. Certification signed by counsel without proper authorization is defective, and a valid cause for
dismissal. [Anderson v. Ho, G.R. No. 172590 (2013)]

Q14: What if it is a corporation that needs to execute the Certificate of Non-Forum Shopping?
A14: The certification must be executed by an officer, or member of the board of directors, or by one who is duly
authorized by a board resolution; otherwise, the complaint will have to be dismissed. [Cosco Philippines Shipping, Inc. v.
Kemper Insurance, Co., G.R. No. 179488 (2012)] However, the Court has ruled that a President of a corporation can
sign the verification and CNFS, without the benefit of a board resolution. It also allowed the following persons to sign:
1. The Chairperson of the Board
2. The General Manager or acting GM
3. A personnel officer, and
4. An employment specialist in a labor case
However, the better procedure would be to append a board resolution to obviate questions regarding the authority of
the signatory [South Cotabato Communications Corp. v. Sto. Tomas, G.R. No. 173326 (2010), citing Cagayan Valley
Drug Corporation v. Commissioner of Internal Revenue, G.R. No. 173326 (2010)]

Belated submission of written authority has been found to be substantial compliance with the rule, especially when the
acts were also ratified by the Board [Swedish Match Philippines v. Treasurer of the City of Manila, G.R. No. 181277
(2013)]

Q15: What are the effects of a defective Certificate of Non-Forum Shopping?

A15: Failure to comply with the foregoing requirements shall not be curable by mere amendment of the complaint or
other initiatory pleading but shall be cause for the dismissal of the case without prejudice, unless otherwise provided,
upon motion and after hearing. The submission of a false certification or non-compliance with any of the undertakings
therein shall constitute indirect contempt of court, without prejudice to the corresponding administrative and criminal

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actions. If the acts of the party or his counsel clearly constitute willful and deliberate forum shopping, the same shall be
ground for summary dismissal with prejudice and shall constitute direct contempt, as well as a cause for administrative
sanctions. (Rule 7, Section 5)

Q16: How are pleadings amended?

A16:
1. Adding an allegation
2. Adding the name of any party
3. Striking out an allegation
4. Striking out the name of any party;
5. Correcting a mistake in the name of a party, or
6. Correcting a mistaken or inadequate allegation or description in any other respect.
(Rule 10, Section 1)

Q17: What is the purpose of amending pleadings?

A17:
So that the actual merits of the controversy may speedily be determined, without regard to technicalities, and in the most
expeditious and inexpensive manner. (Rule 10, Section 1) The courts should be liberal in allowing amendments to
pleadings to avoid a multiplicity of suits and in order that the real controversies between the parties are presented, their
rights determined, and the case decided on the merits without unnecessary delay [Tiu v. Phil. Bank of Communication,
G.R. No. 151932 (2009)]

Q18: How are amended pleadings filed?

A18: When any pleading is amended, a new copy of the entire pleading, incorporating the amendments, which shall be
indicated by appropriate marks, shall be filed. (Rule 10, Section 7)

Q19: When are amendments a matter of right?

A19: A party may amend his pleading once as a matter of right:
A. At any time before a responsive pleading is served; or
B. In the case of a reply, at any time within 10 days after it is served.
(Rule 10, Section 2)
A motion to dismiss is not a responsive pleading and does not preclude the exercise of the plaintiff’s right to amend his
complaint. [Remington Industrial Sales v. CA, G.R. No. 133657 (2002)]

Q20: How are substantial amendments made?

A20: Substantial amendments may be made only upon leave of court.
Requisites: a. Motion for leave of court, accompanied by the amended pleading sought to be admitted (Rule 15, Section
9); b Notice is given to the adverse party; c. Parties are given opportunity to be hear
(Rule 10, Section 3)

Q21: Are amendments changing or altering the cause of action or defense allowed?
A21. Yes.Interestingly, Section 3, Rule 10 of the 1997 Rules of Civil Procedure amended the former Rule in such
manner that the phrase "or that the cause of action or defense is substantially altered" was stricken-off and not retained
in the new Rules. The clear import of such amendment in Section 3, Rule 10 is that under the new Rules, "the
amendment may (now) substantially alter the cause of action or defense." This should only be true, however, when
despite a substantial change or alteration in the cause of action or defense, the amendments sought to be made shall
serve the higher interests of substantial justice, and prevent delay and equally promote the laudable objective of the
Rules which is to secure a "just, speedy and inexpensive disposition of every action and proceeding [Valenzuela v. CA,
G.R. No. 131175 (2012)]

Q22: Who are indispensable parties?

A22: A real party-in-interest without whom no final determination can be had of an action. (Rule 3, Section 7)

Q23: What is the effect of non-impleading of indispensable parties?

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A23: The absence of an indispensable party renders all subsequent actions of the trial court null and void for want of
authority to act, not only as to the absent parties but even as to those present. [Moldes v. Villanueva, G.R. No. 161955
(2012)]

Q24: What are the dual stages of default?

A24.
A. Declaration of order of default – If the defending party fails to answer within the time allowed therefor, the
court shall, upon motion of the claiming party with notice to the defending party, and proof of such failure,
declare the defending party in default.

B. Rendition of judgment by default – Thereupon, the court shall proceed to render judgment granting the
claimant such relief as his pleading may warrant, unless the court in its discretion requires the claimant to
submit evidence. Such reception of evidence may be delegated to the clerk of court. (Rule 9, Section 3)

Q25: What are the reliefs from an order of default?

A25:
1. A party declared in default may at any time after notice thereof and before judgment file a motion under oath
to set aside the order of default upon proper showing that:
a. His failure to answer was due to fraud, accident, mistake or excusable negligence; and
b. He has a meritorious defense. (Rule 9, Section 3(b))

2. If the judgment has already been rendered when the defendant discovered the default, but before the same has
become final and executory, he may file:
a. A motion for new trial under Sec. 1(a), Rule 37 [Lina v. CA, G.R. No. L-63397 (1985)]; or
b. An appeal from the judgment as being contrary to the evidence or the law [Republic v. Sandiganbayan, G.R.
No. 148154 (2007), cited in 1 Riano 373, 2014 Bantam Ed.]

3. If the defendant discovered the default after the judgment has become final and executory, he may file a
petition for relief under Rule 38 [Lina v. CA, G.R. No. L-63397 (1985)]. These remedies presuppose that
defending party was properly declared in default, but it is submitted, however, that certiorari will lie when said
parry was improperly declared in default. [1 Riano 374, 2014 Bantam Ed.]

Q26: What are the reliefs from a judgment by default?

A26: If judgment has become final and executory, a defaulted defendant may file a petition for relief from judgment under
Rule 38. Still, should the defaulted defendant fail to file a petition for relief, a petition for annulment of judgment on the
ground of lack of jurisdiction or extrinsic fraud remains available. [Spouses Manuel v. Ong, G.R. No. 205249 (2014)]

Q27: What is the remedy of an accused who fails to attend promulgation of judgment despite notice to
counsel?
A27: If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose
the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen (15) days
from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of
these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his
absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.
(Rule 120, Section 6)

Q28: What is a motion?

A28: A motion is any application for relief other than by a pleading. (Rule 15, Section 1)

Q29: What are the contents of a motion?

A29:
1. Relief sought to be obtained;
2. Grounds upon which it is based; and
3. With supporting affidavits and other papers if
a. Required by the ROC; or

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b. Necessary to prove facts alleged therein.

(Rule 15, Section 3)

Q30: When shall motions be set for hearing?

A30: Except for motions which the court may act upon without prejudicing the rights of the adverse party, every
written motion shall be set for hearing by the applicant. (Rule 15, Section 4)

Q31: What must a notice of hearing for a motion contain?

A31: Notice shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must
not be later than 10 days after the filing of the motion. (Rule 15, Section 5)

Q32: What is the purpose of a notice of hearing for a motion?

A32: To prevent surprise upon the adverse party and to enable the latter to study and meet the arguments of the motion.
[J.M.Tuason & Co., Inc. v. Magdangal, G.R. No. L-51458 (1962)]

Q33: To whom should a notice of hearing for a motion be addressed?

A33: Notice must be addressed to the counsels. A notice of hearing addressed to the clerk of court, and not to the
parties, is no notice at all. [Provident International Resources v. CA, G.R. No. 119328 (1996)]

Q34: What is the effect if a motion is without a notice of hearing?

A34:Accordingly, a motion that does not contain a notice of hearing to the adverse party is nothing but a mere scrap of
paper, as if it were not filed. [Provident International Resources v. CA, G.R. No. 119328 (1996)]

Q35: What does the 3-day rule for motions provide?

A35: Every written 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, unless the court for good cause sets
the hearing on shorter notice. (Rule 15, Section 4)

Q36: What are the exceptions to the 3-day rule for motions?
A36:
1. Ex parte motions;
2. Urgent motions;
3. Motions agreed upon by the parties to be heard on shorter notice, or jointly submitted by the parties; and
4. Motions for summary judgment which must be served at least 10 days before its hearing. (Rule 35, Section 3)
[1 Regalado 264, 2010 Ed.]

Q37: When may a court direct judgment on a pleading?

A37: Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s
pleading, the court may, on motion of that party, direct judgment on such pleading. (Rule 34, Section 1)A
Judgment on the Pleadings cannot be rendered by the court motu propio. It can only be done where there is a
prior motion to that effect by the appropriate party [Sec. 1, Rule 34, cited by 1 Riano 610, 2014 Bantam Ed.
But see Luzon Development Bank v. Conquilla, G.R. No. 163338 (2005)]

Q38: What are the grounds for a judgment on the pleadings?

A38:
a. The answer fails to tender an issue; or
b. The answer otherwise admits material allegations of the adverse party’s pleading.
(Rule 34, Section 1)

Q39: When is judgment on the pleadings improper?

A39:
a. Declaration of Nullity of Marriage
b. Annulment of marriage; and
c. Legal Separation

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(Rule 34, Section 1)

Q40: May a judgment on the pleadings be had without an answer?

A40: No. When no answer is filed, the remedy is to move that the defendant be declared in default.
(Rule 9, Section 3)

Q41: What is a summary judgment?

A41: A judgment which a court may render before trial, but after both parties have pleaded upon application by one
party supported by affidavits, depositions, or other documents, with notice upon the adverse party who may file an
opposition supported also by affidavits, depositions or other documents, should the court find after summarily hearing
both parties with their respective proofs that there exists no genuine issue between them [2 Herrera 118, 2007 Ed., citing
Evangelista v. Mercator Financing Corporation, G.R. No. 148864 (2003)]

Q42: When may a court render a summary judgment?

A42: The trial court cannot motu propio decide that summary judgment on an action is in order. The defending party or
claimant, as the case may be, must invoke the Rule by filing a motion. The adverse party must then be notified of the
motion and furnished with supporting documents before hearing is conducted [Pineda v. Heirs of Eliseo Guevara, G.R.
No. 143188 (2007)]

Q43: When is a summary judgment proper?

A43:
a. There exists no genuine issue as to any material fact, except as to the amount of damages; and
b. The moving party is entitled to judgment as a matter of law. (Rule 35, Section 3)

Q44: In summary judgments, when is there a genuine issue?

A44: Genuine issue: An issue of fact which calls for the presentation of evidence as distinguished from a sham, fictitious,
contrived, or false claim. [Philippine Bank of Communications v. Go, G.R. No. 175514 (2011)]. Test to determine the
presence of genuine issue: Whether or not the pleadings, affidavits and exhibits in support of the motion are sufficient to
overcome the opposing papers and to justify the finding that, as a matter of law, that there is no defense to the action, or
the claim is clearly meritorious. [Estrada v. Consolacion, G.R. No. L- 40948 (1976)]

Q45: How is a summary judgment different from a judgment on the pleadings?

A45:
• In summary judgment, it involves an issue, but the issue is not genuine. In a judgment on the pleadings, there is
absence of a factual issue in the case because the answer tenders no issue at all.
• In a summary judgment, the motion may be filed by either the claiming or the defending party. (Rule 35, Section
1-2) In a judgment on the pleadings, the motion is filed by a claiming party like a plaintiff or a counterclaimant.
(Rule 34, Section 1)
• In a summary judgment, the judgment is based on the pleadings, affidavits, depositions and admissions. (Rule
35, Section 3) In a judgment on the pleadings, the judgment is based on the pleadings alone. (Rule 34, Section 1)
• In a summary judgment, a 10-day notice to the adverse party is required. The adverse party in turn may serve
opposing affidavits, depositions or admissions at least 3 days before the hearing. (Rule 35, Section 3) In a
judgment on the pleadings, only a 3-day notice to the adverse party is required prior to the date of hearing. (Rule
15, Section 4)

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