Professional Documents
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2021-2022 Last Minute - HO 7 - Remedial Law
2021-2022 Last Minute - HO 7 - Remedial Law
2021-2022 Last Minute - HO 7 - Remedial Law
REMEDIAL LAW
1. A single cause of action cannot be split into two or more parts because of the rule against
“splitting a single cause of action.” Thus, an action for unlawful detainer and the recovery
of the unpaid rentals must be covered only by a single complaint which prays for both reliefs.
A separate case for unlawful detainer and another case for the recovery of rentals is “splitting
of a single cause of action.” (Rule 2, Section 4, Rules of Court)
3. When there is only one plaintiff and one defendant, causes of actions that are not related
to one another or which originate from different transactions may be joined. As long as the
joinder would not include a special civil action or those which are governed by special rules,
joinder can be made. Hence, an action for unlawful detainer, forcible entry, partition, or
foreclosure of real estate mortgage cannot be joined with ordinary civil actions like actions
for a sum of money or for damages. Neither can a special proceeding such as settlement of
estate, guardianship, or habeas corpus, be joined with an ordinary civil action because the
former is governed by a special rule. (Rule 2, Section 5, Rules of Court)
4. When there is plurality of parties (one plaintiff, several defendants; several plaintiffs, one
defendant; or several plaintiffs and several defendants), the joinder can only be allowed if
the cause of action arise out of the same transaction or series of transactions and when a
common question of law or fact arises in the action. Thus, an injured passenger may join
his causes of action for damages against the negligent driver and the common carrier since
the causes of action against the defendants arise out of the same transaction, which is the
carriage of the passenger. (Rule 3, Section 6, Rules of Court)
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6. A class suit is a case where one or more may sue for the benefit of all, or where there is a
common or general interest in the subject matter of the controversy. Thus, there is no class
suit in the following examples: (a) the filing of a class suit against the airline company by
numerous relatives of people who died in a plane crash. There is no class suit because the
interest of one plaintiff is limited to his relative who perished; (b) the filing of a class suit by
numerous people to recover individual lots. There is no class suit because each plaintiff is
interested only in the particular lot he occupies; and (c) the filing of a class suit by numerous
people on account of a libelous article against them. There is no class suit because each
plaintiff is interested only on his own reputation which he does not share with the others.
(Rule 3, Section 12, Rules of Court)
7. In case of any transfer of interest, the action may be continued by or against the original
party, unless the court upon motion directs the person to whom the interest is transferred
to be substituted or joined with the original party. Thus, a transferee pendente lite would
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in any event be bound by the judgment against his predecessor. This would follow even if he
were not formally included as a defendant through an amendment of the complaint. (Rule
3, Section 19, Rules of Court)
8. The agreement must categorically state that the venue specified therein shall be the
exclusive venue. lf the parties intend in their contract that the place specified as the venue
of all suits is exclusive, they must state in a categorical and suitable limiting language, that
they wish the venue of all actions between them to be laid only and exclusively at a definite
place, otherwise it is permissive and only complementary to Rule 4 (Rule 4, Section 4, Rules
of Court).
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12. An amendment of pleading after a responsive pleading has been served shall be refused if
such was made with intent to confer jurisdiction on the court or the pleading stated no
cause of action from the beginning. Hence, if there is no cause of action when the complaint
was filed as when an action for collection of sum of money was filed before the note matures,
there can be no amendment even if the cause of action arises after the complaint is filed.
(Rule 10, Section 3, Rules of Court)
13. Substituted service of summons may be effected if, for justifiable causes, the defendant
cannot be served personally after at least three (3) attempts on two (2) separate dates.
Summons may be served upon: (Rule 14, Section 6, Rules of Court)
i. Residence – 18 years of age and of sufficient discretion residing therein
ii. Office – competent person in charge or one who customarily receives correspondences
iii. Building – any officer of association or its chief security officer in charge
iv. Email – sending an email to defendant’s email address, if allowed by the court
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b. Litis Pendentia
c. Res Judicata
d. Prescription
Note: These are the same grounds when the court can motu
proprio dismiss the case even though not pleaded
5. Motion for extension Motion for extension to file answer, answer to amended
of time complaint, answer to counterclaim/crossclaim, reply,
answer to supplemental complaint, answer to third-party
complaint
REMEDIAL LAW
16. A pre-trial is mandatory in a civil case and in a criminal case. While the possibility of an
amicable settlement is one of the purposes of a pre-trial in a civil case, it is not one of the
purposes of a pre-trial in a criminal case. In civil case, a notice of pre-trial shall be issued by
the branch clerk of court within 5 days from filing of the last responsive pleading. The pre-
trial shall include the period for Court-Annexed Mediation (CAM), which shall not exceed 30
days, and the period for Judicial Dispute Resolution (JDR), which shall not exceed 15 days
from notice of failure of CAM. (Rule 18, Sections 1, 8, and 9, Rules of Court)
17. The plaintiff and the defendant and their respective counsels should appear in the pre-
trial; otherwise, there will be consequences. The failure of the plaintiff to appear when so
required shall be cause for the dismissal of the action with prejudice, unless otherwise
ordered by the court. If the defendant fails to appear, the court has reason to allow the
plaintiff to present his evidence ex parte. The court shall render judgment based on the
evidence presented even if what is received is more than what is prayed for in the complaint.
(Rule 18, Section 5, Rules of Court)
General Rule: Depositions are made available to the parties as a means of informing
themselves of all the relevant facts. They are generally not meant to be a substitute for the
actual testimony in open court of a party or witness.
Exceptions: The deposition of a witness may substitute for actual testimony in court when:
a. Witness is dead
b. Witness resides more than 100 km. from the place of trial or hearing
c. Witness is out of the Philippines, unless it appears that his absence was procured by the
party offering the deposition
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20. A party failing to file and serve upon the adverse party written interrogatories to elicit
material and relevant facts cannot later on compel the adverse party to testify in court as
an adverse witness or to give deposition pending appeal. The party served with written
interrogatories has an obligation to answer the same fully in writing; otherwise, the court,
on motion and notice, may strike out all or any part of the pleading of the party, or dismiss
the action or proceeding or any part thereof, or enter judgment by default against that party.
(Rule 25, Section 6; Rule 29, Section 3, Rules of Court)
21. Instances where the Court of Appeals may act as a trial court
a. In annulment of judgment (Rule 47, Sections 5 and 6, Rules of Court)
b. Necessary to resolve factual issues – in civil or criminal cases (Rule 46, Section 6; Rule
124; Section 12, Rules of Court)
c. In a petition for the writs of Amparo, Habeas Data, and Habeas Corpus (A.M. No. 07-9-
12-SC, Section 12; A.M. No. 08-1-16-SC, Section 6; Rule 102, Section 12, Rules of Court)
REMEDIAL LAW
23. There could be a judgment even without a trial as when the court renders a judgment on
the pleadings, summary judgment, or judgment upon a compromise. Dismissals with
prejudice upon a motion to dismiss or affirmative defense based on the grounds of res
judicata, prescription, extinguishment of obligation, unenforceability under the statute of
frauds, or non-appearance of plaintiff in the pre-trial also amount to a judgment without a
trial. (Rule 15, Section 13; Rule 18, Section 5, Rules of Court)
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General Rule: A decision 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.
Exceptions:
a. Void judgments
b. Circumstances transpire rendering its execution unjust and inequitable
c. Judgment nunc pro tunc (“now for then”) entries which cause no prejudice to any party
d. Correction of clerical errors
As to Effect of Granting
The court may amend such judgment or The original judgment or final order is
final order accordingly vacated and the case will be tried anew
As to When Available
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Available in both trial and appellate Available even on appeal but only on the
courts ground of newly discovered evidence
As to When Not Allowed
Both are prohibited motions under Summary Procedure and Small Claims
27. Post-judgment remedies include: 1) a motion for reconsideration, 2) a motion for new trial,
or 3) appeal, if the judgment has not yet become final and executory, and 4) petition for
relief from judgment, or 5) annulment of judgment, if the judgment becomes final and
executory. When the order of the court is not appealable, the remedy is the appropriate
special civil action in Rule 65. (Rule 37, Rule 38, Rule 40, Rule 47, Rule 65, Rules of Court)
28. Petition for Relief from Judgment v. Motion for Reconsideration or New Trial
Petition for Relief from Judgment Motion for Reconsideration or New Trial
As to When Available
Available after judgment has become Available before judgment becomes final
final and executory and executory
As to Application
Applies to judgments, final orders, and Applies to judgments or final orders only
other proceedings such as land
registration or special proceedings
As to Grounds
Fraud, accident, mistake, or excusable Fraud, accident, mistake, or excusable
negligence negligence and newly discovered evidence
As to When Filed
Filed within 60 days from knowledge of Filed within the time to appeal
the judgment and within 6 months from
entry of judgment
As to Effect of Denial
The order denying the petition is not The order denying the motion is not
appealable; the remedy is Rule 65 appealable; the remedy is appeal from
judgment
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32. For fraud to become a basis for annulment of judgment, it must be extrinsic or actual. It is
intrinsic when the fraudulent acts pertain to an issue involved in the original action or where
the acts constituting the fraud were or could have been litigated. It is extrinsic or collateral
when a litigant commits acts outside of the trial which prevents a party from having a real
contest, or from presenting all his case, such that there is no fair submission of the
controversy. (Rule 47, Section 2, Rules of Court)
REMEDIAL LAW
34. Petitions for certiorari or prohibition are appropriate remedies to raise constitutional
issues and to review or prohibit or nullify the acts of legislative and executive officials. This
is application is expressly authorized under Article 8, Section 1 of the Constitution, which
provides that “judicial power includes the duty of court justices to settle actual controversies
involving rights which are legally demandable and enforceable and to determine whether or
not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the government.” (Article 8, Section 1,
Constitution)
REMEDIAL LAW
35. There is no double jeopardy when certiorari is filed to review the acquittal of an accused.
A judgment of acquittal may be assailed through a petition for certiorari under Rule 65 of
the Rules of Court showing that the lower court, in acquitting the accused, committed not
merely reversible errors of judgment, but also exercised grave abuse of discretion amounting
to lack or excess of jurisdiction, or a denial of due process, thereby rendering the assailed
judgment null and void. (Rule 65, Section 1, Rules of Court)
36. Quo Warranto under Rule 66 v. Quo Warranto under the Omnibus Election Code
REMEDIAL LAW
(1) 100% of the value of the land based on the current relevant zonal valuation of the
Bureau of Internal Revenue (BIR) issued not more than three (3) years prior to the filing
of the expropriation complaint
(2) The replacement cost at current market value of the improvements and structures
(3) The current market value of crops and trees located within the property
Upon compliance with the guidelines abovementioned, the court shall immediately issue to
the implementing agency an order to take possession of the property and start the
implementation of the project. (Republic Act No. 10752, Section 6)
38. Habeas corpus is the proper remedy for a person deprived of liberty, or by which the rightful
custody of any person is withheld from the person entitled thereto. (Rule 102, Section 1,
Rules of Court)
Examples:
a. Deprivation of Liberty of Abode
b. Mistaken Identity
c. Post-Conviction Remedy
i. No Jurisdiction
ii. Excessive Penalty
iii. Deprivation of Constitutional Right
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(1) An actual or threatened violation of the right to a balanced and healthful ecology
(2) Arises from an unlawful act or omission of a public or private individual or entity
(3) Involves or will lead to an environmental damage of such magnitude as to prejudice the
life, health, or property of inhabitants in two or more cities or provinces. (Rule 7, Section 1,
Rules of Procedure for Environmental Cases)
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43. In case of acquittal, the accused may still be adjudged civilly liable unless there is a finding
in a final judgment in the criminal action that the act or omission from which the civil
liability may arise did not exist. The extinction of the penal action does not carry with it the
extinction of the civil action where:
a. Acquittal is based on reasonable doubt as only preponderance of evidence is required
b. The court declares that the liability of the accused is only civil
c. The civil liability of the accused does not arise from or is not based upon the crime of
which the accused was acquitted. (Rule 111, Section 2, Rules of Court)
44. There is prejudicial question when the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the subsequent criminal action and the
resolution of such issue determines whether the criminal action may proceed. Thus, if the
signatures in the Deed of Sale are proven to be genuine, then the accused would be innocent
of the crime charged of falsification. The issue of genuineness of signature is, therefore, a
prejudicial question to the crime of falsification. (Rule 111, Section 7, Rules of Court)
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47. Even where there is no petition for bail in a criminal action for murder and even where the
public prosecutor recommended bail, a hearing upon notice before grant of bail, whether
bail is a matter of right or discretion should still be held. This hearing is separate and distinct
from the initial hearing to determine the existence of probable cause. The prosecution must
be given a chance to show the strength of its evidence; otherwise, a violation of due process
occurs. (Rule 114, Section 8, Rules of Court)
48. An accused may altogether refuse to take the witness stand and refuse to answer any and
all questions. The ordinary witness may be compelled to take the witness stand and claim
the privilege as each question requiring an incriminating answer is shot at him. (Rule 115,
Section 1, Rules of Court)
General Rule: Failure of the accused to assert any ground of a motion to quash before he
pleads to the complaint or information shall be deemed a waiver of any objections
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51. Non-compliance with Chain of Custody Rule does not render an accused's arrest illegal or
the items seized/confiscated inadmissible. What is essential is:
a. There is justifiable ground; and
b. The integrity and the evidentiary value of the seized items are preserved (Republic Act
No. 10640, Section 21).
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53. The Best Evidence Rule (now the Original Document Rule) applies only when the terms of
writing are in issue. When the evidence sought to be introduced concerns external facts,
such as the existence, execution, or delivery of the writing, without reference to its terms,
the rule cannot be invoked. In such a case, secondary evidence may be admitted even
without accounting for the original. (Rule 130, Section 3, Rules of Court)
55. The court shall consider no evidence which has not been formally offered. Its function is to
enable the trial judge to know the purpose or purposes for which the proponent is presenting
the evidence. The above rule is relaxed where two requisites concur:
a. The evidence was duly identified by testimony duly recorded; and
b. The evidence was incorporated in the records at the case (Rule 132, Section 34, Rules
of Court)
Small claims cases/civil claims which are exclusively for the payment of a sum of money not
exceeding P400,000 for the MeTCs and P300,000 for the MTCCs, MTCs, and MCTCs, exclusive
of interest and costs, and that are purely civil in nature where the claim or relief prayed for
by the plaintiff is solely for payment or reimbursement of sum of money. The claim or
REMEDIAL LAW
demand may be: 1. for money owed under contracts of Lease, Loan, Services, Sale,
Mortgage; 2. for liquidated damages arising from contracts; and 3. the enforcement of a
barangay amicable settlement or an arbitration award involving a money claim covered by
Section 417 of this Rule. (Section 5, Rules of Procedure for Small Claims, as amended)