LITIS PENDENTIA constitutional

questions." Abaya vs.

The requisites of litis pendentia are: (a) the identity Ebdane, Jr., 515 SCRA
of parties, or at least such as representing the same 720.
interests in both actions; (b) the identity of rights asserted Locus standi is
and relief prayed for, the relief being founded on the merely a matter of
same facts; and (c) the identity of the two cases such that procedure and it has
judgment in one, regardless of which party is successful, been recognized that in
would amount to res judicata in the other. Dayot us. Shell some cases, suits are
Chemical (Phils.), Inc., 525 SCRA 535; Taningco us. not brought by parties
Taningco, 529 SCRA 735; Go us. Looyuko, 537 SCRA who have been
445. personally injured by
The elements of res judicata, also known as "bar by prior the operation of a law
judgment," are: (1) the former judgment must be final; or any other
(b) the court which rendered it had jurisdiction over the government act-the
subject matter and the parties; (c) it must be a judgment Supreme Court has
on the merits; and (d) there must be, between the first and invariably adopted a
second actions, identity of parties, subject matter, and liberal stance on locus
causes of action. Id. standi; The prevailing
An order for the issuance of the writ of possession is doctrine in taxpayer's
simply an incident in the transfer of title in the name of suits is to allow
the buyer-such order cannot be said to be a judgment on taxpayers to question
the merits, i.e., one rendered after a consideration of the contracts entered into
evidence or stipulations submitted by the parties at the by the national
trial of the case. Id. government or
Absent the two first requisites of litis pendentia, the government-owned or
possibility of the exis tence ofthe third becomes nil. controlled corporations
Taningco vs. Taningco, 529 SCRA 735 .. allegedly in
contravention of law.
One of the tests for forum shopping is the existence
Id.
of litis pendentia. Id. A real party in
A person who is not a party to a pending interest is the party
Department of Agrarian Reform Adjudication Board who stands to be
(DARAB) case has no personality to invoke litis benefited or injured by
pendentia in a case before the regular courts. Active Realty the judgment in the
and Development Corporation vs. Fernandez, 537 SCRA suit, or the party
116. entitled to the avails of
Forum shopping may only exist where the elements a suit; An association
of litis pendentia are present or where a final judgment in has a standing to file
one case will amount to res judicata in the other. Guy vs. suit for its members
Court of Appeals, 539 SCRA 584. despite lack of interest
if its members are
directly affected by the
action. Godinez vs.
Court of Appeals, 516
SCRA 24.
LOCUS STANDI When a
mandamus proceeding
"Legal standing" or locus standi has been defined as concerns a public right
a personal and sub stantial interest in the case such that and its object is to
the party has sustained or will sustain direct injury as a compel a public duty,
result of the governmental act that is being challenged. the people who are
Public Interest Center, Inc. vs. Roxas, 513 SCRA 457; interested in the
Anak Mindanao Party-List Group vs. The Executive execution of the laws
Secretary, 531 SCRA 583. are regarded as the real
To invest him with locus standi, the plaintiff has to parties in interest and
adequately show that he is entitled to judicial protection they need not show any
and has a sufficient interest in the vindica tion ofthe specific interest. Social
asserted public right. Id. Justice Society vs.
Locus standi is "a right of appearance in a court of Atienza, Jr., 517 SCRA
justice on a given ques tion"-a party's personal and 657.
substantial interest in a case such that he has sustained or As people's
will sustain direct injury as a result of the governmental organizations and
act being challenged; The rationale for requiring a party taxpayers, petitioners
who challenges the constitution ality of a statute to allege have standing to file
such a personal stake in the outcome of the contro versy the suit since the
is "to assure that concrete adverseness which sharpens matter involves an
the presentation of issues upon which the court so issue of utmost and far-
largely depends for illumination of difficult reaching Constitu tional
importance, namely, the qualification-nay, the the complaint based on
citizenship-of a person to be appointed a member of the laches, the trial court
Supreme Court. Kilosbayan Foundation vs. Ermita, 526 must set a hearing on
SCRA 353. the motion where the
It is necessary that the appeal be instituted by the parties shall submit not
party who is given such authority. Nazareno vs. City of only their arguments
Dumaguete, 527 SCRA 508. on the questions oflaw
Standing is a special concern in constitutional law but also their evidence
because in some cases, suits are brought not by parties on the questions of fact
who have been personally injured by the opera tion of a involved. Id.
law or by official action taken, but by concerned citizens, An allegation of
taxpayers or voters who actually sue in the public prescription can
interest; On the other hand, the question as to "real party- effectively be used in a
in-interest" is whether he is "the party who would be motion to dismiss only
benefited or injured by the judgment," or the "party when the complaint on
entitled to the avails of the suit"; If legal standing is its face shows that
granted to challenge the constitutionality or validity of a indeed the action has
law or governmental act despite the lack of personal already prescribed,
injury on the challenger's part, then more so should otherwise, the issue of
employees be allowed to contest the nullification of their prescription is one
appointment. Id. involving evidentiary
Present substantial interest, which will enable a matters requiring a
party to question the va lidity of the law, requires that a full-blown trial on the
party sustained or will sustain direct injury as a result of merits and cannot be
its enforcement-it is distinguished from a mere determined in a mere
expectancy or future, contingent, subordinate, or motion to dismiss. Id.
inconsequential interest. Tondo Medical Center Employees The trial court
Association vs. Court of Appeals, 527 SCRA 746. cannot motu proprio
The rule on constitutional questions which are of decide that summary
transcendental impor tance cannot be invoked where a judgment on an action
party's substantive claim is without merit-a party's is in order-under the
standing is determined by the substantive merit of his applicable provisions
case or a prelimi nary estimate thereof. Id. of Rule 35, the
A party who assails the constitutionality of a statute defending party or the
must have a direct and personal interest; Requisites for a claimant, as the case
Concerned Party to be Allowed to Raise a Constitutional may be, must invoke
Question. Anak Mindanao Party-List Group vs. The Executive the rule on summary
Secretary, 531 SCRA 583. judgment by filing a
Mamalo Descendants Organization, Inc. (MDOI) motion. Id.
status as a "people's or ganization" did not vest it with the To sustain a motion to
legal standing to assail the validity of the executive dismiss for lack of
orders. Id. cause of action, the
Requisites to be Accorded Standing on the Ground complaint must show
of Transcendental Im portance; The transcendental that the claim for relief
importance of the issues raised must relate to the merits does not exist, rather
ofthe petition. Id. than that a claim has
An organization has standing to assert the concerns been defectively stated,
of its constituents-it is but the medium through which its or is ambiguous,
individual members seek to make more effective the indefinite or uncertain.
expression of their voices and the redress of their Pioneer Concrete
grievances. Pharmaceutical and Health Care Association of Philippines, Inc. vs.
the Philippines vs. Duque III, 535 SCRA 265. Todaro, 524 SCRA 153.
Prescription as a
ground for a motion to
dismiss is adequate
when the complaint on
MOTIONS TO DISMISS its face shows that the
action has already
Laches is evidentiary in nature which could not be prescribed. Fil-Estate
established by mere al legations in the pleadings and can Golfand Development,
not be resolved in a motion to dismiss. Pineda vs. Heirs of Inc. vs. Navarro, 526
Eliseo Guevara, 515 SCRA 627. SCRA 51.
While the language of par. (h) of Section 1, Rule If the suit is not
16, particularly on the re lation of the words "abandoned" brought in the name of
and "otherwise extinguished" to the phrase "claim or or against the real
demand deemed set forth in the plaintiffs pleading" is party-in interest, a
broad enough to include within its ambit the defense of motion to dismiss may
bar by laches, when a party moves for the dismissal of be filed on the ground
that the complaint
 states no cause of action. Coronado vs. Rojas, 526 SCRA When a Motion
280. to Dismiss is grounded
Once a motion to dismiss is filed, the trial judge on the failure to state a
may grant or deny it, not out of subservience to the cause of ac tion, a ruling
Secretary of Justice, but in faithful exercise of judicial thereon should be
prerogative. Gandarosa vs. Flores, 527 SCRA 776. based only on the facts
alleged in the
Jurisprudence is clear that with the arraignment of
complaint. Id.
the accused, the DOJ Secretary can no longer entertain
the appeal or petition for review because petitioner had An order denying
already waived or abandoned the same. Id. a motion to dismiss is
merely interlocutory
The arraignment of the accused constitutes a waiver
and therefore not
of her right to pre liminary investigation or
appealable, nor can it
reinvestigation, which waiver is tantamount to a finding be the subject of a
of probable cause-hence, the determination of the petition for review on
existence or non existence of probable cause becomes certiorari such order
unnecessary. Id. may only be reviewed
The Court is not abandoning the ruling that the trial in the ordinary course
court has the duty to make an independent assessment of of law by an appeal
the merits of the motion when confronted with a motion from the judgment after
to withdraw an information on the ground of lack of trial. Negros Merchants
probable cause based on a resolution of the secretary of Enterprises, Inc. us.
justice, but where the accused has already been arraigned China Banking
without reservation, condition or restriction, the uncon - Corporation, 530 SCRA
ditional arraignment constitutes a waiver of his right to 478; Khemani us. Heirs
preliminary investiga tion or reinvestigation. Id. of Anastacio Trinidad,
It is incumbent upon the petitioner to file a Motion 540 SCRA83.
to Dismiss at the earli est opportune time to raise the When an action is
issue of the court's lack of jurisdiction-its failure to dismissed on the
seasonably raise the question of jurisdiction leads to the motion of the other
inevitable conclusion that it is now barred by laches. party, it is only when
United Overseas Bank (formerly Westmont Bank) vs. Ros, 529 the ground for the
SCRA 334. dismissal of an action
is found in paragraphs
The doctrine of laches or of "stale demands" is (f), (h) and (i) of
based upon grounds of pub lic policy which requires, for Section 1, Rule 16, that
the peace of society, the discouragement of stale claims the action cannot be
and, unlike the statute of limitation, is not merely a refiled-as regards all
question of time but is principally a question of the the other grounds, the
inequity or unfairness of permitting a right or claim to be complainant is allowed
enforced or asserted. Id. to file same action, but
Where a party participates in all stages of the case should take care that,
before the trial court and even invokes the trial court's this time, it is filed with
authority in order to ask for affirmative relief, he would the proper court or after
be effectively barred by estoppel from subsequently the accomplishment of
challenging the court's jurisdiction. Id. the erstwhile absent
The general rule is that the denial of a motion to condition precedent, as
dismiss cannot be ques tioned in a special civil action for the case may be; While
certiorari which is not intended to correct every it is the general rule
controversial interlocutory ruling; Neither can a denial of that in cases where
a motion to dismiss be the subject of an appeal unless there are two pending
and until a final judgment or order is rendered. Heirs of actions between the
Florencio Adolfo vs. Cabral, 530 SCRA 111. same parties on the
It is a well-settled rule that after the trial court same issue, it should be
denies a motion to dismiss the complaint, the defendant the later case that
should file an answer, proceed to trial and await should be dismissed,
judgment before interposing an appeal. Id. the first action may
Even though the petitioner raised other grounds in nevertheless be
its Motion to Dismiss aside from lack of jurisdiction over dismissed if the later
its person, the same is not tantamount to its voluntary action is the more
appearance or submission to the authority of the court a appropriate vehicle for
quo; Ruling in De Midgely u. Ferandos, 64 SCRA 23 the ventilation of the
(1975), deemed superseded by the declaration of the issues between the
Court in La Naual Drug Corporation u. Court of Appeals, 236 parties. United Coconut
SCRA 78 (1994), that estoppel by jurisdiction must be Planters Bank us. Beluso,
unequivocal and inten tional; The allegation of grounds 530 SCRA 567.
other than lack of jurisdiction with a prayer "for such Where the
other reliefs" as may be deemed "appropriate and proper" plaintiff fails to allege
cannot be considered as unequivocal and intentional in his complaint the
estoppel. Perkin Elmer Singapore Pte Ltd. us. Dakila Trading assessed value of the
Corporation, 530 SCRA 170. subject property, the
trial court seriously errs in denying a motion to dis miss- Court rules that a
all proceedings in said court are null and void. motion to intervene
Quinagoran us. Court of Appeals, 531 SCRA 104. may be entertained or
Failure to make a sufficient allegation of a cause of allowed even if filed
action in the complaint warrants the dismissal thereof. after judgment was
Uniuersal Aquarius, Inc. us. Q.c. Human Resources rendered by the trial
Management Corporation, 533 SCRA 38. court, especially in
The elementary test for failure to state a cause of cases where the
action is whether the complaint alleges facts which if intervenors are indis -
true would justify the relief demanded. Id. pensable parties.
To sustain a motion to dismiss for lack of cause of Galicia us. Manliquez
action, the complaint must show that the claim for relief Vda. de Mindo, 521
does not exist, rather than that a claim has been SCRA 85.
defectively stated, or is ambiguous, indefinite or
uncertain. Id. The order
granting the
A court may not dismiss an action motu proprio on withdrawal of the
the ground of improper venue as it is not one of the information attains
grounds wherein the court may dismiss an action motu finality after fifteen
proprio on the basis of the pleadings. Universal Robina (15) days from receipt
Corporation us. Lim, 535 SCRA 95. thereof, without
Laches, being controlled by equitable considerations prejudice to the re-
and addressed to the sound discretion of the trial court, is filing of the
evidentiary in nature and thus can not be resolved in a information upon
motion to dismiss. Go us. Looyuko, 537 SCRA 445. investigation.
Carandang vs. Ragasa,
521 SCRA 111.
A motion without
a notice of hearing is
MOTIONS FOR pro-forma, a mere scrap
of paper that does not
POSTPONEMENT toll the period to appeal
and upon the expiration
A movant for postponement should not assume of the 15-day period,
beforehand that his motion will be granted; The grant or the questioned order or
denial of a motion for postponement is a matter that is decision becomes final
addressed to the sound discretion of the trial court. and executory. Victory
Memita vs. Masongsong, 523 SCRA 244. Liner, Inc. vs. Malinias,
523 SCRA 279; Office
of the Court
Administrator vs. Vestil,
535 SeRA 1.
MOTIONS S
ervice of a copy of a
Notice of motion is required where a party has a motion containing a
right to resist the relief sought by the motion and notice of the time and
principles of natural justice demand that his right be not the place of hearing of
affected without an opportunity to be heard; The test is that motion is a
the presence of the opportunity to be heard, as well as to mandatory
have time to study the motion and mean ingfully oppose requirement, and the
or controvert the grounds upon which it is based. failure of movants to
Sarmiento us. Zaratan, 514 SeRA 246. comply with these
It has been said that ex parte motions are frequently requirements renders
permissible in proce dural matters, and also in situations their motions fatally
and under circumstances of emergency, and an exception defective; Exceptions.
to a rule requiring notice is sometimes made where KKK Foundation, Inc. vs.
notice or the resulting delay might tend to defeat the Calderon-Bargas, 541
objective ofthe motion. Id. SCRA 432.
The motion's merit could not be determined based
solely on the allegations of the initiatory pleading, the
amended complaint, since the motion was based on the
deed of dacion en pago, which was not even alleged in the
complaint. Manila Banking Corporation us. Uniuersity of NOTI
Baguio, Inc., 516 SCRA 371. CES
The August 20, 2004 motion partakes of the nature
of a proscribed second motion for reconsideration; The
It is a hornbook
proffered ground is a patent lie. Imbat us. Soliuen, 519
doctrine that when a
SCRA 121.
party is represented by
Jurisprudence is replete with cases wherein the
counsel, no tice to the
client and to any other lawyer, not the counsel of record
is not a notice in law. Republic us. Luriz, 513 SCRA 140.
The affidavit of publication executed by the
publisher of a newspaper stat ing therein that said
newspaper is of general circulation and that the requisite
notice of foreclosure sale was published in said
newspaper in accordance with law constitutes prima facie
evidence of compliance with the required publica tion.
Baluyut us. Poblete, 514 SCRA 370.
The publication of the notice of sale in a newspaper
of general circulation alone is more than sufficient
compliance with the notice-posting requirement of the
law. Id.
The failure to give notice is not an unlawful act
because the law does not define such failure as unlawful-
such failure to give notice is a violation of procedural
due process but does not amount to an unlawful or
criminal act. Carag us. National Labor Relations
Commission, 520 SCRA 28.
Mere failure to comply with the notice requirement
of labor laws on com pany closure or dismissal of
employees does not amount to a patently unlawful act.Id.
All that the rules of procedure require in regard to service
by registered mail is to have the postmaster deliver the
same to the addressee himself or to a person of sufficient
discretion to receive the same-the paramount
consideration is that the registered mail is delivered to the
recipient's address and received by a person who would
be able to appreciate the importance of the papers
delivered to him, even if that person is not a subordinate
or employee of the recipient or authorized by a special
power of attorney. Land Bank of the Philippines vs. Heirs of
Fernando Alsua, 520 SCRA 132.
A letter merely stating the plan of an employer to
implement a redun dancy program, without contents as to
the details necessary to effect the pro gram does not meet
the requirement of a written notice to be submitted to the
Department of Labor and Employment (DOLE) under
Article 283 of the Labor Code; The purpose of the
written notice to the DOLE is to give it opportunity to
ascertain the verity of the alleged authorized cause of
termination. Caltex (Phils.), Inc. vs. National Labor Relations
Commission, 536 SCRA 175.

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See also Pleadings and Practice.
 The rule requiring notice to the other party with respect to the hearing of the
motion filed by the movant is substantially complied with if, even if ad dressed to
the clerk of court, a copy of the said motion was furnished counsel of the other
party. Philippine National Bank us. Paneda, 515 SCRA 639.
Even if a Motion may be defective for failure to address the notice of hear ing of said motion to the parties concerned, the defect is cured
by the court's taking cognizance thereof and the fact that the adverse party is otherwise notified ofthe existence of said pleading. Id.
Service of a copy of a motion containing a notice of the time and the place
of hearing of that motion is a mandatory requirement, and the failure of movants
to comply with these requirements renders their motions fatally defective;
Exceptions. KKK Foundation, Inc. us. Calderon-Bargas, 541 SCRA 432.
A notice of hearing is an integral component of procedural due process to
afford the adverse parties a chance to be heard before a motion is resolved by the
court; The notice requirement is not a ritual to be followed blindly procedural due
process is not based solely on a mechanical and literal applica tion that renders
any deviation inexorably fatal. Id.

PLEADINGS AND PRACTICE

See also Abuse of Discretion, Actions, Mfidavits, Appeals, Attor -
neys, Contempt, Corporation Law, Courts, Damages, Due Process,
Intervention, Judgments, Jurisdiction, Motions, New Trial, Prescrip tion,
Pre-Trial, Res Judicata, Summons and Venue.

Where the grounds raised in a motion for reconsideration have

been suffi ciently considered, if not squarely addressed in the Decision,
it behooves movant to convince the Court that certain findings or
conclusions in the Decision are contrary to law. Shangri-La International
Hotel Management, Ltd. vs. Developers Group of Companies, Inc., 512 SCRA
143.
It is elementary in remedial law that the use of an erroneous mode of ap peal is
cause for dismissal of the petition for certiorari and it has been repeat edly
stressed that a petition for certiorari is not a substitute for a lost appeal; The
Arbitration Law specifically provides for an appeal by certiorari, i.e., a petition
for review on certiorari under Rule 45 of the Rules of Court that raises pure
questions of law; Proper interpretation of Sec. 29 of RA. No. 876 shows that the
term "may" refers only to the filing of an appeal, not to the mode of review to be
employed-the use of "may" merely reiterates the principle that the right to appeal
is not part of due process of law but is a mere statutory privilege to be exercised
only in the manner and in accordance with law. Gonzales us. Climax Mining Ltd.,
512 SCRA 148.
In all averments of fraud, the circumstances constituting fraud must be
stated with particularity to enable the opposing party to controvert the particu lar
facts alleged constituting the same. Id.
The factual admission in the pleadings on record dispenses with the need to
present evidence to prove the admitted fact, and all proofs submitted by the party
making such admission "contrary thereto or inconsistent therewith should be
ignored whether objection is interposed by a party or not." Escueta us. Lim, 512
SCRA 411.
A supplemental complaint must be consistent with, and in aid of, the cause
of action set forth in the original complaint-a new and independent cause of
action cannot be set up by such complaint. Lambino us. Presiding Judge, RTC, Br.
172, Valenzuela City, 512 SCRA 525.
Utter disregard of the rules cannot justly be rationalized by harping on the
policy ofliberal construction. Torres us. Abundo, Sr., 512 SCRA 556.
As a general rule, questions of fact may not be raised in a petition for re -
view; Exceptions. Manliclic us. Calaunan, 512 SCRA 642.
The rule is explicit in its mandate that the legible duplicate originals or true
copies of the judgment or final orders of both lower courts must be certified
correct by the Clerk of Court, unless the petitioner could show that the Clerk of
Court was officially on leave and the Administrative Officer was officially
designated as officer-in-charge. Real us. Belo, 513 SCRA 111.
There is ample jurisprudence holding that the subsequent and substantial
compliance of a party may call for the relaxation of the rules of procedure; When
the Court of Appeals dismisses a petition outright and the petitioner files a
motion for the reconsideration of such dismissal, appending thereto the requisite
pleadings, documents or order/resolution, this would constitute substantial
compliance with the Revised Rules of Court. Id.
 There is no compelling need to attach the position papers of the parties
where the Decisions of the MeTC and RTC already stated their respective
arguments. Id.
What should guide judicial action is that a party litigant is given the full est
opportunity to establish the merits of his action or defense rather than for him to
lose life, honor or property on mere technicalities. Id.
It is well-settled that a party who does not appeal from the decision may not
obtain any affirmative relief from the appellate court other than what he has
obtained from the lower court, if any, whose decision is brought up on appeal;
Exceptions. Id.
What consists of proof of service of a pleading by registered mail. Romulo
us. Peralta, 513 SCRA 612.
Actual knowledge of a decision cannot be attributed to the addressee of a
registered matter where there is no showing that the registry notice itself contains
any indication that the registered matter is a copy of the decision or that the
registry notice refers to the case being ventilated. Id.
An order disallowing or dismissing an appeal must be brought up via a Pe -
tition for Certiorari. Sarmiento vs. Zaratan, 514 SCRA 246.
The purpose of requiring a verification is to secure an assurance that the
allegations of the petition have been made in good faith, or are true and correct,
not merely speculative. Id.; Guy vs. Asia United Bank, 534 SCRA 703; Toyota
Motor Phils. Corp. Workers Association (TMPCWA) vs. National Labor Relations
Commission, 537 SCRA 171.
Notice of motion is required where a party has a right to resist the relief
sought by the motion and principles of natural justice demand that his right be not
affected without an opportunity to be heard; The test is the presence of the
opportunity to be heard, as well as to have time to study the motion and mean -
ingfully oppose or controvert the grounds upon which it is based. Id.
The visible emerging trend is to afford every party-litigant the amplest
opportunity for the proper and just determination of his cause, free from con -
straints and technicalities. Id.
In Garcia v. Recio, 366 SCRA 437 [2001], the Court laid down the specific
guidelines for pleading and proving foreign law and divorce judgments. It held
that presentation solely of the divorce decree is insufficient and that proof of its
authenticity and due execution must be presented. San Luis vs. San Luis, 514
SCRA 294.
The rule is that relief will not be granted to a party who seeks to be re lieved
from the effect of the judgment when the loss of the remedy at law is due to his
own negligence, or a mistaken mode of procedure; otherwise, the petition for
relief will be tantamount to reviving the right of appeal which has already been
lost either because of inexcusable negligence or due to a mistake in the mode of
procedure taken by counsel. Redena vs. Court of Appeals, 514 SCRA 389.
It is settled that clients are bound by the mistakes, negligence and omis sion
of their counsel. Id.; Lynx Industries Contractor, Inc. vs. Tala, 531 SCRA 169.
In Legarda v. Court of Appeals (195 SCRA 418 [1991]), where the Court
initially held that the counsel's failure to file pleadings at the trial court and later
on appeal amounted to gross negligence, the Court, on motion of the respondent
therein, granted reconsideration and applied the general rule binding the litigant
to her counsel's negligence. Id.
It is already an accepted rule of procedure for us to strive to settle the en tire
controversy in a single proceeding, leaving no root or branch to bear the seeds of
future litigation. Apo Fruits Corporation vs. Court of Appeals, 514 SCRA 537.
Attorney's fees are not arbitrable except when the parties acquiesce or mu -
tually agree to submit the same for arbitration and to abide by the decision of the
arbitrator thereon. Philippine National Construction Corporation vs. Court of
Appeals, 514 SCRA 569.
Even if the contempt proceedings stemmed from the main case over which
the court already acquired jurisdiction, the Rules direct that the petition for
contempt be treated independently of the principal action. Regalado us. Go, 514
SCRA 616.
In case where the indirect contempt charge is not initiated by the courts, the
filing of a verified petition which fulfills the requirements on initiatory pleadings
is a prerequisite. Id.
The factual and evidentiary issues can best be passed upon and threshed our
during a full-blown court trial since it is the court's task to determine guilt beyond
reasonable doubt based on the evidence presented by the parties at a trial on the
merits. De Chavez us. Office of the Ombudsman, 514 SCRA 638.
 Section 6, Rule 13 of the Rules of Court contemplate a situation wherein
the party to the action is alive upon the delivery of a copy of the tribunal's
decision. Gabriel us. Bilon, 515 SCRA 29.
The long settled rule is that qualifying circumstances must be sufficiently
alleged in the indictment and proved during trial to be properly appreciated by the
trial court, otherwise it would be a denial of the right of the accused to be
informed of the charges against him, and, thus, a denial of due process, if he is
charged with simple rape but is convicted of its qualified form even if the atten -
dant qualifying circumstance is not set forth in the information; Where the
Information merely states that the victim is a retardate without specifically stating
that the accused knew of her mental disability at the time of the com mission of
the rape, the accused can only be convicted of simple rape. People us. Diunsay-
Jalandoni, 515 SCRA 227.
It is settled that rules of procedure are, as a matter of course construed
liberally in proceedings before administrative bodies. Department of Agrarian
Reform us. Uy, 515 SCRA 376.
The veracity of the allegations in a pleading may be affirmed based on ei -
ther one's own personal knowledge or on authentic records, or both, as war ranted.
Hun Hyung Park us. Eung Won Choi, 515 SCRA 502.
The Rules, however, require that the petition must be accompanied by
clearly legible duplicate original or true copies of the judgments or final order of
both lower courts, certified correct by the clerk of court. Id.
The mere reiteration in a motion for reconsideration of the issues raised by
the parties and passed upon by the court does not make a motion pro forma,
otherwise the movant's remedy would not be a reconsideration of the decision but
a new trial or some other remedy. Philippine National Bank us. Paneda, 515
SCRA639.
Following the hierarchy of courts, a special civil action for certiorari assail -
ing an order of the Regional Trial Court should be filed with the Court of Ap peals
and not with the Supreme Court. De Castro us. Fernandez, Jr., 515 SCRA 682.
Only judgments or final orders that completely dispose of the case can be
the subject of a petition for review. Id.

There is nothing sacred about processes or pleadings and their forms or

contents, their sole purpose being to facilitate the application of justice to the
rival claims of contending parties; The judicial attitude has always been favor -
able and liberal in allowing amendments to a pleading in order to avoid multi -
plicity of suits and so that the real controversies between the parties are pre -
sented, their rights determined, and the case decided on the merits without
unnecessary delay. Godinez us. Court of Appeals, 516 SCRA 24.
To make out a suit for illegal detainer or forcible entry, the complaint must
contain two mandatory allegations-(l) prior physical possession of the property
by the plaintiff, and, (2) deprivation of said possession by another by means of
force, intimidation, threat, strategy or stealth. Bejar vs. Caluag, 516 SCRA84.
A suit for unlawful detainer will prosper if the complaint sufficiently al -
leges that there is a withholding of possession or refusal to vacate the property
by the defendant. Id.
The motion's merit could not be determined based solely on the allegations
of the initiatory pleading, the amended complaint, since the motion was based on
the deed of dacion en pago, which was not even alleged in the complaint. Manila
Banking Corporation us. University of Baguio, Inc., 516 SCRA 37l.
When no timely appeal is taken, the judgment becomes final and the court
loses jurisdiction over the case, and it has no alternative but to order the execu -
tion of the final judgment. Heirs of Teofilo Gaudiano vs. Benemerito, 516 SCRA 416.
Failure to submit evidence could only mean that if produced, it would have
been adverse to petitioner's case-if the inability to produce it was due to their
counsel's negligence or omission, the same would bind petitioners. Heirs of
Wenceslao Tabia vs. Court of Appeals, 516 SCRA 43l.
Since what is being disputed is an action of an administrative agency, in
consonance with the principle of exhaustion of administrative remedy, the
concerned agency should be given the opportunity to correct itself before the
intervention of the court is sought. Id.
Even if the delivery receipts and sales invoices did not form part of a
party's formal offer of evidence but the same formed part of the other party's
formal offer of evidence, they could be used as basis for the award of interest,
liquidated damages and attorney's fees. Titan Construction Corporation vs. UniField
Enterprises, Inc., 517 SCRA 180.
Forum shopping is the institution of two or more actions or proceedings
grounded on the same cause on the supposition that one or the other would make
a favorable disposition, or the act of a party against whom an adverse judgment
has been rendered in one forum, of seeking another (and possibly favorable)
opinion in another forum other than by appeal or the special civil action of
certiorari; The filing by a party of two apparently different actions, but with the
same objective, constitute forum shopping. Clark Development Corporation vs.
Mondragon Leisure and Resorts Corporation, 517 SCRA 203.

A person signing the verification and certification against non-forum

shopping must show to the satisfaction of the Court that he had been specifically
authorized to do so. Manila Hotel Employees Association vs. Manila Hotel Corporation,
517 SCRA 349.
While every litigant is expected to examine all the documents that he files
in court, not every mistake or oversight he commits should be deemed dishonest,
deceitful or deliberate so as to mislead the court. Suan vs. Gonzalez, 518 SCRA 82.
The essence of forum shopping is the filing of multiple suits involving the
same parties for the same cause of action, either simultaneously or successively,
for the purpose of obtaining a favorable judgment. United Overseas Bank Phils. vs.
Rosemoore Mining & Development Corp., 518 SCRA 123; Mega-Land Resources and
Development Corporation vs. C-E Construction Corporation, 528 SCRA622.
The venue of real actions affecting properties found in different provinces
is determined by the singularity or plurality of the transactions involving said
parcels ofland. Id.
A lawyer shall not do any falsehood, nor consent to the doing of any in
court; nor shall he mislead, or allow the Court to be misled by any artifice. Id.
While exceptional cases have been considered to correct patent injustice
concomitant to a liberal application of the rules of procedure, there should be an
effort on the part of the party invoking liberality to advance a reasonable or
meritorious explanation for his failure to comply with the rules. Esguerra vs.
Trinidad, 518 SCRA 186.
While as a rule, a petition which lacks copies of essential pleadings and
portions of the case record may be dismissed, much discretion is left to the
reviewing court, however, to determine the necessity for such copies as the exact
nature of the pleadings and portions of the case record which must accompany a
petition is not specified. Id.
Without Jurisdiction," "Excess of Jurisdiction," and "Grave Abuse of Dis -
cretion," Explained; When seeking the corrective hand of certiorari, caprice and
arbitrariness must be clearly shown. Ang Biat Huan Sons Industries, Inc. vs. Court of
Appeals, 518 SCRA 697.
The rule obliges litigants to attach an affidavit of service to their peti -
tions/appeals, and while this is required merely as proof that service has been
made on the other party, it is nonetheless essential to due process and the orderly
administration of justice. Id.
The Court sets aside technicality only when it is necessary to relieve a liti -
gant of an injustice not commensurate with the degree of his thoughtlessness in
not complying with the Rules or when the punctilious application of the Rules
will deny rather than serve justice. Id.
The Supreme Court cannot allow the trial court's egregious error to per -
petuate simply because a party had pursued the wrong recourse or erred in
drafting her appeal. Cando vs. DIazo, 518 SCRA 741.

The August 20, 2004 motion partakes of the nature of a proscribed second
motion for reconsideration; The proffered ground is a patent lie. Imbat us. Soliuen,
519 SCRA 121.
The determination of issues at a pre-trial conference bars the considera tion
of other questions on appeal; Where the issue on the nature of the property was
embodied in the pleadings filed by the parties subsequent to the complaint and
was actively litigated by them without any objection on the part of one of the
parties, the latter are deemed to have given their implied consent for the trial court
to try such issue. Heirs of Vicente Reyes us. Court of Appeals, 519 SCRA250.
As a matter of practice, deeds of conveyance are prepared in several copies
for notarization and record purposes-all the notarized copies are originals, and are
sometimes loosely referred to as "original copies" or duplicate originals." Alfaro
us. Court of Appeals, 519 SCRA 270.
While strict compliance with the provisions regarding the certificate of non-
forum shopping underscores its mandatory nature in that the certification cannot
be altogether dispensed with or its requirements completely disregarded, it does
not, however, thereby interdict substantial compliance with its provisions under
justifiable circumstances. Espina us. Court of Appeals, 519 SCRA 327.
Where petitioners raised one common cause of action against respondents,
the signatures of 25 out of the 28 employees who filed the Petition for Certiorari
constitute substantial compliance with the Rules. Id.
 An answer is a mere statement of fact which the party filing it expects to
prove, but it is not evidence; In spite of the presence of judicial admissions in a
party's pleading, the trial court is still given leeway to consider other evidence
presented. Santos us. Lumbao, 519 SCRA 408.
N on -joinder of indispensable parties is not a ground for the dismissal of an
action. Superlines Transportation Company, Inc. us. Philippine National Construction
Company, 519 SCRA 432.
There is a prohibition against the filing of a motion for extension of time to
file a motion for new trial or motion for reconsideration in all courts, except the
Supreme Court. Barba us. Court of Appeals, 519 SCRA 448.
Once a case has already been set for hearing, regardless of whether a re -
sponsive pleading has been served, substantial amendments may only be made
upon leave of court. Maranan us. Manila Banking Corporation, 519 SCRA 572.
A counterclaim may be filed only against an opposing party-the filing of a
counterclaim against a third party is not allowed, but the court may order such
party to be brought in as defendant. Id.
The 60-day period to file a petition for certiorari is reckoned from a party's
receipt of the Resolution of the appellate court denying her motion for reconsid -
eration. Guy Yoche us. Guy Yoche, 520 SCRA 22.
The rules of procedure should not be applied in a very rigid, technical sense,
their only purpose being to help secure substantial justice to the parties. Id.

Where a party filed an Electoral Protest andJor Petition to Annul the Elec -
tions, he cannot subsequently blame the docketing clerk for erroneous docketing of
the case since said party clearly tried to avail of two different remedies, each one
falling under separate jurisdictions. Mutilan us. Commission on Elections, 520 SCRA
152.
In Ello u. Court of Appeals [460 SCRA 406 (2005)], the Court defined the
circumstances when the court may exercise its discretionary power under Section
11 of Rule 13, uiz.: however, such discretionary power of the court must be
exercised properly and reasonably, taking into account the following factors: 1) the
practicability of personal service; 2) the importance of the subject matter of the
case or the issues involved therein; and 3) the prima facie merit of the pleading
sought to be expunged for violation of Section 11. Penoso us. Dona, 520 SCRA232.
When insufficient filing fees were initially paid by the plaintiffs and there
was no intention to defraud the government, the Manchester rule does not apply. Id.
Any extension of time to file the required pleading should be counted from
the expiration of the period-the court has no discretion to reckon the com -
mencement of the extension from a date later than the expiration of such original
period, not even if the expiry date is a Saturday, Sunday, or a legal holiday.
Bernardo us. People, 520 SCRA 332.
Motions for extension are not granted as a matter of right but in the sound
discretion of the court, and lawyers should never presume that their motions for
extension or postponement would be granted or that they would be granted the
length of time they pray for. Id.
Section 2 (d) of Rule 42 specifically requires that both lower courts' judg -
ments or final orders must be attached to the petition in the required form clearly
legible duplicate originals or certified true copies. Id.
The Rule regarding change of counsel is provided under Rule 138, Section
26 thereat. Villena us. Rupisan, 520 SCRA 346.
While it is desirable that the Rules of Court be faithfully and even meticu -
lously observed, courts should not be so strict about procedural lapses that do not
really impair the administration of justice especially when such strict compliance
was apparently relaxed by the trial court itself when it initially gave due course to
the Notice of Appeal. Id.
In Lazaro u. Court of Appeals [330 SCRA 208, 2000], the private respon dents
therein failed to pay the docket fees within the reglementary period-they paid the
fees only after the Court of Appeals had dismissed the appeal, that is, six months
after the filing of the Notice of Appeal-the Court of Appeals rein stated the appeal
"in the interest of substantial justice" without other justifica tion. Id.
The rule is that an issue not raised in the trial cannot be raised for the first
time on appeal, much less in a motion for reconsideration. People us. Nabong, 520
SCRA 437.

It is settled that each party has the prerogative to determine which wit nesses
to present and to dispense with testimony which is merely corroborative, in
which case the presumption in Section 3(e), Rule 131 of the Rules of Court that
evidence willfully suppressed would be adverse if produced does not apply.
People vs. Paoyo, 520 SCRA 662.
Under Rule 43, the petition for review shall (a) state the full names of the
 parties to the case, without impleading the court or agencies either as petition ers
or respondents. Bangko Sentral ng Pilipinas vs. Rural Bank of San Miguel (Bulacanj,
Inc., 520 SCRA 704.
The rule is well-settled that points of law, theories issues and arguments not
adequately brought to the attention of the lower court need not be consid ered by
the reviewing court as they cannot be raised for the first time on appeal, much
more in a motion for reconsideration as in this case, because this would be
offensive to the basic rules of fair play, justice and due process. Rizal Commercial
Banking Corporation vs. Commissioner of Internal Revenue, 522 SCRA 144.
An appellee (respondent) who is not also an appellant (petitioner) may as -
sign error where the purpose is to maintain the judgment on other grounds, but he
cannot seek modification or reversal of the judgment or affirmative relief unless
he has also appealed (or filed a separate petition). Philippine Realty Holdings
Corporation vs. Firematic Philippines, Inc., 522 SCRA 493.
It is settled that while an appellee (who is not also an appellant) may as sign
errors in his brief or pleadings, if the purpose is to maintain the judgment on
other grounds, the appellee cannot ask for modification or reversal of the
judgment or affirmative relief unless he has also filed an appeal. Tanjay Water
District vs. Quinit, Jr., 522 SCRA 529.
Considering the distance between the Court of Appeals and the Province of
Antique where the petition was posted, a written explanation why service was not
done personally might have been superfluous. Garcesa vs. Laguardia, 522 SCRA
559.
Extensions are generally not allowed except for a showing that the exten sion
is prayed for on the basis of a reasonable justification; the allowance or denial of
motions for extension of time to file brief is addressed to the sound discretion of
the court. Aoanan, Sr. vs. Aoanan, Jr., 522 SCRA 631.
There is forum shopping when any party litigant repetitively avails of sev -
eral judicial remedies in different courts, simultaneously or successively, all
substantially founded on the same transactions and the same essential facts and
circumstances, and all raising substantially the same issues either pending in, or
already resolved adversely by, some other court; Seeking a reversal of an adverse
judgment or order by appeal or certiorari does not constitute forum shopping-
such remedies are sanctioned and provided for by the rules. Duvaz Corporation vs.
Export and Industry Bank, 523 SCRA 405.
The facts which should otherwise be set forth in a separate affidavit of merit may,
with equal effect, be alleged and incorporated in the motion itself, and this will be
deemed a substantial compliance with the formal requirements of the law,
provided, of course, that the movant, or other individual with per sonal knowledge
of the facts, take oath as to the truth thereof, in effect convert ing the entire motion
for new trial into an affidavit; Where the ground for the motion was premised on
said counsel's excusable negligence or mistake, then the obvious conclusion is that
such counsel who prepared and verified the motion for re-opening or new trial had
personal knowledge of the facts relating to such negligence or mistake. Atlas
Consolidated Mining and Development Corporation vs. Commissioner of Internal
Revenue, 524 SCRA 73.
Blunders and mistakes made in the conduct of the proceedings in the trial
court as a result of the ignorance, inexperience or incompetence of counsel do not
qualify as a ground for new trial. Id.
Litigation is a not a "trial and error" proceeding-a party who moves for a
new trial on the ground of mistake must show that ordinary prudence could not
have guarded against it; A new trial is not a refuge for the obstinate. Id.
To sustain a motion to dismiss for lack of cause of action, the complaint
must show that the claim for relief does not exist, rather than that a claim has been
defectively stated, or is ambiguous, indefinite or uncertain. Pioneer Concrete
Philippines, Inc. us. Todaro, 524 SCRA 153.
The jurisdiction of a court over the criminal case is determined by the al -
legations in the complaint or information. Ortiz vs. Court of Appeals, 524 SCRA 192.
Decisions, final orders or resolutions of the Court of Appeals in any case -
regardless of the nature of the action or proceeding involved-may be appealed to
the Supreme Court through a petition for review. Dumpit-Murillo vs. Court o f
Appeals, 524 SCRA 290.
Where a party participated in the proceedings before the Secretary of Jus tice,
actively litigating the issues which are exactly the same ones raised by him before
the Supreme Court through the instant petition, he is deemed to have engaged in a
form of forum shopping. Tan vs. Court of Appeals, 524 SCRA 306.
Nowhere in People v. Bartolome, 381 SCRA 91 (2002); People v. Cula, 329
SCRA 101 (2000); and People v. Liban, 345 SCRA 453 (2000), is it declared that
the exact age, including the number of months must be recited in the Informa tion,
otherwise, an accused may not be convicted of qualified rape. People vs. Abellano,
524 SCRA 388.
The attachment of all essential and necessary papers and documents is
mandatory; The rule is the reviewing court can determine the merits of the petition
solely on the basis of the submissions by the parties without the use of the records
of the court a quo-it is a fact that it takes several months before the records are
elevated to the higher court, thus the resulting delay in the review of the petition.
B.E. San Diego, Inc. vs. Alzul, 524 SCRA 402.
The averments in the complaint, not the nomenclature given by the par ties,
determine the nature of the action. Benguet State University vs. Commission on Audit,
524 SCRA 437.
Lack of verification can be excused or dispensed with in meritorious cases,
the defect being neither jurisdictional nor always fatal; Requirement Regarding
Verification of a Pleading is Formal. Larano us. Calendacion, 525 SCRA 57.

When a client is represented by counsel, notice to counsel is notice to cli ent;

In the absence to the notice of withdrawal or substitution of counsel, the Court
will rightly assume that the counsel of record continues to represent his client and
receipt of notice by the former is the reckoning point of the reglemen tary period.
Manaya us. Alabang Country Club, Incorporated, 525 SCRA 140.
For negligence not to be binding on the client, the same must constitute
gross negligence as to amount to a deprivation of property without due process.
Id.
Court allowed liberal interpretation given the extraordinary circum stances
that justify a deviation from an otherwise stringent rule; Absent excep tional
circumstances, Court adheres to the rule that certain procedural precepts must
remain inviolable; The perfection of an appeal in the manner and within the
period permitted by law is not only mandatory but also jurisdictional and the
failure to perfect the appeal renders the judgment of the court final and executory.
Id.
It is the controlling doctrine that appeals from the decisions ofthe Office of
the Ombudsman in administrative disciplinary cases should be taken to the Court
of Appeals by way of a petition for review under Rule 43 of the 1997 Rules of
Civil Procedure, as amended, while the remedy of aggrieved parties from
resolutions of the Office of the Ombudsman finding probable cause or lack of
probable cause in criminal cases or non-administrative cases, when tainted with
grave abuse of discretion, is to file an original action for certiorari directly with
the Supreme Court. Soriano us. Cabais, 525 SCRA 26l.
It is beyond the ambit of this Court to review the exercise of discretion of
the Office of the Ombudsman in prosecuting or dismissing a complaint filed
before it-such initiative and independence are inherent in the Ombudsman, who
beholden to no one, acts as the champion of the people and preserver of the
integrity of the public service. Id.
Administrative Circular No. 04-94, made effective on 1 April 1994, ex -
panded the certification requirement to include cases filed in courts and quasi -
judicial agencies below the Supreme Court and the Court of Appeals. Pena us.
Aparicio, 525 SCRA 444.
In view of the nature of disbarment proceedings, the certification against
forum shopping to be attached to the complaint, if one is required at all in such
proceedings, must refer to another administrative case for disciplinary proceed -
ings against the same respondent. Id.
It would seem that the scenario sought to be avoided, i.e., the filing ofmul -
tiple suits and the possibility of conflicting decisions, rarely happens in disbar -
ment complaints. Id.
The test to determine whether a party violated the rule against forum
shopping is whether the elements of litis pendentia are present, or whether a final
judgment in one case will amount to res judicata in another-in other words, when
litis pendentia or res judicata does not exist, neither can forum shopping exist.
Dayot us. Shell Chemical (Phils.), Inc., 525 SCRA 535.
A previous motion for reconsideration is necessary before the filing of a pe -
tition for certiorari; Exceptions. Llamzon vs. Logronio, 525 SCRA 691.
Prescription as a ground for a motion to dismiss is adequate when the
complaint on its face shows that the action has already prescribed. Fil-Estate Golf
and Development, Inc. vs. Navarro, 526 SCRA 51.
It is apropos to firmly remind lawyers of their duties, as officers of the court,
to exercise utmost care and complete candor in the preparation of plead ings and to
lay before the court the pertinent facts with methodical and meticu lous attention,
without any suppression, obscuration, misrepresentation or distortion thereof.
Heirs of Antonio Bobadilla vs. Castillo, 526 SCRA 107.
That a board resolution does not authorize the named individual or officer to
file the instant petition in particular but "expropriation and other cases" does not,
by itself, render the authorization invalid or ineffective. Metropolitan Cebu Water
District (MCWD) vs. Adala, 526 SCRA 465.
Where a party files a Petition for Habeas Corpus despite the pendency of a
Petition for Certiorari that questioned the validity of the order granting bail, which
order is precisely the very basis of the Petition for Habeas Corpus, he is guilty
offorum shopping. Pulido vs. Abu, 526 SCRA 483.
If the accused finds the information defective as it bears only the month and
year of the incident complained of, he should file a Motion for Bill of Par ticulars,
as provided for under Rule 116, before he enters a plea. People vs. Jalbuena, 526
SCRA 500.
The proper remedy from an adverse decision of the Court of Appeals is an
appeal under Rule 45 and not a Petition for Certiorari under Rule 65. First
Corporation vs. Former Sixth Division of the Court of Appeals, 526 SCRA 564.
The rule is that a client will suffer the consequences of the negligence,
mistake or lack of competence of his counsel. Claudio vs. Quebral, 526 SCRA 639.
The rule is that it is not the caption of the pleading but the allegations that
determine the nature of the action, and the court should grant the relief warranted
by the allegations and the proof even if no such relief is prayed for. Anadon vs.
Herrera, 527 SCRA 90.
Only facts alleged in the complaint can be the basis for determining the
nature of the action and the court's competence to take cognizance of it. Barbosa
vs. Hernandez, 527 SCRA 99.
A complaint for recovery of possession of real estate will not be considered
an action for unlawful detainer under Section 1, Rule 70 of the Rules of Court, if it
omits any of the special jurisdictional facts. Id.
Mere imputation of bias and partiality against a judge is not enough, since
bias and partiality can never be presumed. Decasa vs. Court of Appeals, 527
SCRA267.
Verification is a formal not a jurisdictional requisite; Court may order the
correction of the pleading, if not verified, or act on the unverified pleading if the
attending circumstances are such that a strict compliance with the rule may be
dispensed with in order that the ends of justice may be served. Kimberly Inde-
pendent Labor Union for Solidarity, Activism and Nationalism (KILUSAN)Organized
Labor Associations in Line Industries and Agriculture (OLALlA) vs. Court of Appeals,
528 SCRA 45.
Court took cognizance in Cavile v. Heirs of Cavile of a petition although its
certification was executed and signed by only one of several petitioners. Id.
It must be noted that petitioner is not a lawyer, and it may be instructive for
him to consult counsel before filing pleadings or praying for results that have no
legal basis, if for purposes of clarity alone-and the fact that he was allowed to
plead his case before the Supreme Court does not exempt him from proper
procedure, which would put opposing lawyers at an unfair disadvantage. Ang Kek
Chen vs. Calasan, 528 SCRA 124.
The initial determination of what pleadings, documents or orders are rele vant
and pertinent to the petition rests on the petitioner. Condes vs. Court of Appeals, 528
SCRA 339.
Though interlocutory in character, an order denying a demurrer to evi dence
may be the subject of a certiorari proceeding, provided the petitioner can show
that it was issued with grave abuse of discretion and that appeal in due course is
not plain, adequate or speedy under the circumstances. Id.
Requisites for Substitution of a Public Officer Who Has Sued or Been Sued
in Official Capacity; Well-settled is the rule that failure to make a substitution
pursuant to Section 17, Rule 3 of the Rules of Court is a ground for the dismissal
of an action. Rodriguez vs. Jardin, 528 SCRA 516.
A three-page, seven-paragraph Position Paper is a classic example of a pro
forma pleading. Crayons Processing, Inc. vs. Pula, 528 SCRA 564.
A pleading filed in one case does not bind the proceedings in another case
even if both cases are heard by just one court. Mega-Land Resources and Devel-
opment Corporation vs. C-E Construction Corporation, 528 SCRA 622.
Adultery is defined under Art. 333 of the Revised Penal Code as that
"committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her, know ing her to
be married, even if the marriage be subsequently declared void"; A negative
pregnant is a form of negative expression which carries with it in affirmation or at
 least an implication of some kind favorable to the adverse party-it is a denial
pregnant with an admission of the substantial facts alleged in the pleading.
Guevarra vs. Eala, 529 SCRA 1.
Clearly preponderant evidence-that evidence adduced by one party which is
more conclusive and credible than that of the other party and, therefore, has
greater weight than the other-which is the quantum of evidence needed in an
administrative case against a lawyer. Id.
Section 27, Rule 138 of the Rules of Court which provides the grounds for
disbarment or suspension uses the phrase "grossly immoral conduct," not "under
scandalous circumstances." Id.
Administrative Circular No. 04-94 has been incorporated in the 1997 Rules
of Civil Procedure under Section 5, Rule 7. Cordova us. Court of Appeals, 529
SCRA 72.
The requirement under Administrative Circular No. 04-94 for a certificate
of non-forum shopping is mandatory-subsequent compliance with this re -
quirement does not excuse a party's failure to comply therewith in the first
instance. Id.
The general rule that an assignment of error is essential to appellate re view
and only those assigned will be considered applies in the absence of excep tional
circumstances obtaining in the instant case. Republic Telecommunications Holdings,
Inc. us. Santiago, 529 SCRA 232.
Instances where grounds not raised or assigned as errors considered. Id. Where the
issue has become moot and academic, there is no justiciable controversy, and an
adjudication thereon would be of no practical use or value as courts do not sit to
adjudicate mere academic questions to satisfy scholarly interest, however
intellectually challenging. Id.
A party cannot use intervention as a substitute for her lost remedy of cer -
tiorari. Nieto, Jr. us. Court of Appeals, 529 SeRA 285.
The legal interest required for an intervention must be actual and mate rial,
direct and immediate, and not simply contingent or expectant. Id.
Failure to comply with the non-forum shopping requirements in Section 5,
Rule 7 of the Revised Rules of Court, does not automatically warrant the dis -
missal of the case with prejudice; Where the dismissal is without prejudice, it
does not bar petitioner from refiling the petition for so long as it is made within
the 50-day reglementary period for filing the petition for certiorari. Composite
Enterprises, Inc. us. Caparoso, 529 SCRA 470.
Non-attachment of the affidavit of service is not fatal where the registry
receipts attached to the petition clearly show that the other parties were served
copies ofthe petition and its annexes. Id.
Technicality and procedural imperfection should never be used to defeat the
substantive rights ofthe other party. Id.
The Revised Internal Rules of the Sandiganbayan (SB) does not provide for
amendment of the initiatory pleading; Sec. 3 squarely applies to the amended
complaint and hence, leave of court is required. Locsin us. Sandiganbayan, 529
SCRA 572.
Generally, where the trial court has jurisdiction over the case, proposed
amendments are denied if such would result in delay, or would result in a change
of cause of action or defense or change the theory of the case, or are inconsistent
with the allegations in the original complaint. Id.
The denial of a motion to admit amended complaint, being interlocutory,
cannot be questioned by certiorari. Id.
In Rule 18 and in the pre-trial guidelines, the parties are required to sub mit pre-
trial briefs which should contain a summary of admitted facts and proposed
stipulation of facts and a list of documents or exhibits to be presented; Parties are
required to use the different modes of discovery and deposition under Rules 23,
25, 26, 27 and 28 within five (5) days form the filing of the answer.Id.
A party who desires to appeal from a decision of the Regional Trial Court
rendered in the exercise of its appellate jurisdiction shall file a verified petition
for review with the Court of Appeals. Abadilla vs. Hofilena-Europa, 530 SCRA 458.
In a case where the plaintiff is a private corporation, the certification on
non-forum shopping may be signed, for and on behalf of the said corporation, by
a specifically authorized person, including its retained counsel, who has per sonal
knowledge of the facts required to be established by the documents. Negros
Merchants Enterprises, Inc. vs. China Banking Corporation, 530 SCRA 478.
If a complaint is filed for and in behalf of the plaintiff who is not author ized
to do so, the complaint is not deemed filed-an unauthorized complaint does not
produce any legal effect. Id.
 An amended complaint is an initiatory pleading. Id.
Plaintiffs failure to file the pre-trial brief shall be cause for dismissal of the
action; If the trial court has discretion to dismiss the case because of plain tiffs
failure to appear at pre-trial, then it also has the discretion to dismiss the case
because of plaintiffs failure to file the pre-trial brief. Republic vs. Oleta, 530 SCRA
534.
The rules now require that the special power of attorney be in writing be -
cause the courts can neither second-guess the specific powers given to the
representative, nor can the courts assume that all the powers specified in Section
4 of Rule 18 are granted by the party to his representative. Id.
The dictum that proof of service of motions is a mandatory requirement
applies with more reason to a petition for certiorari in view of Section 3, Rule 4,
which requires that the petition shall be filed "together with proof of service
thereof." Ferrer vs. Villanueva, 531 SCRA 97.
Petitioner's failure to attach the material and relevant documents to his
petition filed with the Court of Appeals is a sufficient ground to dismiss it. Id.
A complaint must allege the assessed value of the real property subject of
the complaint or the interest thereon to determine which court has jurisdiction
over the action. Quinagoran us. Court of Appeals, 531 SCRA 104.
Where the plaintiff fails to allege in his complaint the assessed value of the
subject property, the trial court seriously errs in denying a motion to dis miss-all
proceedings in said court are null and void. Id.
The allegations in the complaint for revival of judgment determine whether
it is a real action or a personal action; Where the sole reason for action to revive
is the enforcement of adjudged rights over a piece of property, the action falls
under the category of a real action for which the complaint should be filed with
the Regional Trial Court of the place where the realty is located. Infante vs. Aran
Builders, Inc., 531 SCRA 123.

An appellate court has an inherent authority to review unassigned

errors (1) which are closely related to an error properly raised, (2) upon
which the determination of the error properly assigned is dependent, or,
(3) where the Court finds that consideration of them is necessary in
arriving at a just decision ofthe case. Vidad, Sr. vs. Tayamen, 531 SCRA
147.
In a petition filed originally in the Court of Appeals, the petitioner is
required to serve a copy of the petition on the adverse party before its
filing, and if the adverse party appears by counsel, service shall be made
on such counsel pursuant to Section 2, Rule 13. Go vs. Court of Appeals,
531 SCRA 158.
The requirement of providing appellate courts with certified true
copies of the judgments or final orders that are the subjects of review is
necessary to aid them in resolving whether or not to give due course to
petitions. Id.
Demurrer is an aid or instrument for the expeditious termination of an
action, similar to a motion to dismiss, which the court or tribunal may either
grant or deny. Dandoy vs. Court of Appeals, 531 SCRA 351.
The Rules of Court prescribes the procedures and defines all the
conse quence/s for refusing to comply with the different modes of
discovery. Marcelo vs. Sandiganbayan, 531 SCRA 385.
Rules of Court requires every pleading to contain in a methodical and
logi cal form, a plain, concise and direct statement of the ultimate facts on
which the party pleading relies for his claim or defense. Id.
Where some but not all the defendants have answered, plaintiffs may
amend their Complaint once as a matter of right in respect to claims
asserted solely against the non-answering defendants. Republic vs. Africa,
531 SCRA 533.
Under the now amended Section 16, Rule 3 of the 1997 Rules of
Court, failure of a counsel to comply with the provision thereof is a ground
for discipli nary action. Domingo vs. Landicho, 531 SCRA 606.
In practice, service means the delivery or communication of a
pleading, no tice or some other paper in a case, to the opposite party so as
to charge him with receipt of it and subject him to its legal effect. Soriano,
Jr. vs. Soriano, 532 SCRA 16.
View that the allegation of conspiracy in the information must not be
con fused with the adequacy of evidence that may be required to prove it.
Go us. Fifth Division, Sandiganbayan, 532 SCRA 130.
The period for filing a petition for certiorari should be reckoned from
the time the counsel of record received a copy of the Resolution denying
the motion for reconsideration, not from date of receipt by client. Bello us.
National Labor Relations Commission, 532 SCRA 234.
In a petition for review on certiorari, the Supreme Court is limited to
reviewing errors oflaw, except when the findings of fact of the appellate
court are not supported by the records. Garing vs. Heirs of Marcos Silva, 532
SCRA 294.
The Supreme Court is not the proper forum from which to secure a re -
evaluation of factual issues, except only where the factual findings of the
trial court do not find support in the evidence on record or where the judgment
appealed from was based on a misapprehension of facts. Lascano vs. People, 532
SCRA 515.
A negative pregnant is a form of negative expression which carries with it
an affirmation or at least an implication of some kind favorable to the adverse
party-it is a denial pregnant with an admission of the substantial facts alleged in
the pleading. Caneland Sugar Corporation vs. Alon, 533 SCRA 28.
There is forum shopping where the elements of litis pendentia are present or
where a final judgment in one case will amount to res judicata in the other; There
is no forum shopping where the issue in the present case is based on a different
set of facts from that of the earlier one. Tomawis vs. Tabao-Caudang, 533 SCRA
68.
If the mayor was indicted via the first mode, that is by intervening or tak ing
part in his official capacity in connection with his financial or pecuniary interest
in the subject transactions, there must be a statement in the informa tions that he
actually intervened in awarding the contract, which is an element necessary to
constitute a violation of Section 3(h) of RA No. 3019-it is essential that the
information states the ultimate facts needed to constitute the offense charged, so
that the accused may be properly apprised of the nature and cause of the
accusation against him. Caballero us. Sandiganbayan, 534 SCRA 30.
Commonality of interest is material and crucial to relaxation of the Rules;
The rules may be reasonably and liberally construed to avoid a patent denial of
substantial justice, because it cannot be denied, that the ends of justice are better
served when cases are determined on the merits-after all parties are given full
opportunity to ventilate their causes and defenses-rather than on technicality or
some procedural imperfections. Amodia Vda. de Melencion vs. Court of Appeals,
534 SCRA 62.
Settled is the rule that what determines the nature of the action as well as
the court which has jurisdiction over the case are the allegations in the com plaint-
the cause of action in a complaint is not what the designation of the complaint
states, but what the allegations in the body of the complaint define or describe.
Hernudd vs. Lofgren, 534 SCRA 205.
Where the assailed decision was rendered by the RTC in the exercise of its
appellate jurisdiction as it was brought before it from the Municipal Trial Court
in Cities (MTCC), the aggrieved party should elevate the case to the Court of
Appeals under Rule 42 via the second mode of appeal, instead of appealing
directly before the Supreme Court under Rule 45. Five Star Marketing Co., Inc. us.
Booc, 535 SCRA 28.
The grievance machinery provision in the Collective Bargaining Agree ment
(CBA) is not an economic provision, hence, the second requirement for a Labor
Arbiter to exercise jurisdiction of an unfair labor practice (ULP) is not present.
San Miguel Foods, Inc. vs. San Miguel Corporation Employees Union PTWGO, 535
SCRA 133.
The requirement on verification of a pleading is a formal and not a juris -
dictional requisite. De los Santos vs. Vda. de Mangubat, 535 SCRA 411.
While the general rule requires the inclusion of the names of all the par ties
in the title of a complaint, the non-inclusion of one or some of them is not fatal to
the cause of action of a plaintiff, provided there is a statement in the body ofthe
petition indicating that a defendant was made a party to such action. Linton
Commercial Co., Inc. vs. Hellera, 535 SCRA 434.
The verification requirement is deemed substantially complied with when
some of the parties who undoubtedly have sufficient knowledge and belief to
swear to the truth ofthe allegations in the petition had signed the same. Id.
A pleading required by the Rules of Court to be verified may be given due
course even without a verification if the circumstances warrant the suspension
ofthe rules in the interest of justice. Id.
The written explanation why another mode of service was resorted to is a
mandatory and indispensable requirement in pleadings or papers filed before all
the courts of the land. Gabriel vs. Court of Appeals, 535 SCRA 569.
Under Rule 45 of the Rules of Court, only questions of law may be raised in
the Supreme Court; Exceptions. Caltex (Phils.), Inc. us. National Labor Relations
Commission, 536 SCRA 175.
The general rule is that when a party is represented by counsel of record,
service of orders and notices must be made upon said attorney and notice to the
client and to any other lawyer than the counsel of record is not notice in law;
Reglementary periods are indispensable interdictions against needless delays and
for an orderly discharge of judicial business. Karen and Kristy Fishing Industry vs.
Court of Appeals, 536 SCRA 243.
The proper remedy from the assailed Decision and Resolution of the Court
of Appeals is an ordinary appeal to the Supreme Court via a petition for review
under Rule 45 and not a petition for certiorari under Rule 65-an appeal by petition
for review on certiorari under Rule 45 is a continuation of the judgment
complained of, while that under Rule 65 is an original or independent action.
Abedes vs. Court of Appeals, 536 SCRA 268.
Under Rule 56, Sec. 5(f) of the Rules of Court, which governs the
procedure in the Supreme Court, a wrong or inappropriate mode of appeal merits
an outright dismissal. Id.
Where there is no allegation whatsoever that the Court of Appeals acted
without or in excess of its jurisdiction, or with grave abuse of discretion amount -
ing to lack or excess of jurisdiction, and what petitioner ascribes is merely lack of
jurisdiction on the part of the Court of Appeals which, does not satisfy the legal
fundamentals for a writ of certiorari to lie. Id.
In a petition for certiorari under Rule 65 of the Rules of Court, the peti -
tioner is burdened to establish that the respondent tribunal acted without
jurisdiction, meaning, that it does not have the legal power to determine the case,
or that it acted without or in excess of jurisdiction, meaning, that having been
clothed with power to determine the case, it oversteps its authority as determined
by law, or that it committed grave abuse of its discretion or acted in a capricious,
whimsical, arbitrary or despotic manner in the exercise of its jurisdiction as to be
equivalent to lack of jurisdiction. Id.

A petitioner may not belatedly be allowed to question the court's jurisdic -

tion after it has actively participated in the proceedings before it. Id.
Issues not raised in the pleadings, as opposed to ordinary appeal of crimi nal
cases where the whole case is opened for review, are deemed waived or
abandoned.Id.
While receipt of a copy of the decision by one of several counsels on record
is notice to all, and the period to appeal commences on such date even if the other
counsel has not yet received a copy of the decision, the rule may be relaxed
where it appears that there is an apparent agreement between the counsels that it
would be the collaborating, not the principal, who would file the appeal brief and
the subsequent pleadings in the Court of Appeals. MCC Industrial Sales Corporation
us. Ssangyong Corporation, 536 SCRA 408.
It should be remembered that the Rules were promulgated to set guide lines
in the orderly administration of justice, not to shackle the hand that dispenses it.
Id.
Mere restatement of arguments in a motion for reconsideration does not per
se result in a pro forma motion; The pro forma rule will not apply if the arguments
were not sufficiently passed upon and answered in the decision sought to be
reconsidered. Id.
The Supreme Court has ample authority to go beyond the pleadings when,
in the interest of justice or for the promotion of public policy, there is a need to
make its own findings in order to support its conclusions. Id.
It is doctrinal that in criminal cases, venue is an essential element of ju-
risdiction, and that the jurisdiction of a court over a criminal case is determined
by the allegations in the complaint or information; The rule that criminal action
be instituted and tried in the court of the territory where the offense was com -
mitted or where any of its essential ingredients occurred is a fundamental
principle, the purpose of which is not to compel the defendant to move to, and
appear in, a different court from that of the province where the crime was
committed as it would cause him great inconvenience in looking for his wit nesses
and other evidence in another place. Campanano, Jr. us. Datuin, 536 SCRA 471.
While Section 6, Rule 2 of the Rules of Court provides for a liberal con -
struction of the rules in order to promote their objective of securing a just, speedy
and inexpensive disposition of every action and proceeding, the same can not be
used as a vehicle to ignore the Rules at will and at random to the preju dice of the
orderly presentation and assessment of the issues and their just resolution. Dee
Hwa Liong Electronics Corporation (DEECO) us. Papiona, 536 SCRA482.
A question of law exists when the doubt or controversy concerns the cor rect
application of law or jurisprudence to a certain set of facts, or when the issue does
not call for an examination of the probative value of the evidence presented, the
truth or falsehood of facts being admitted; A question of fact exists when the
doubt or difference arises as to the truth or falsehood of facts or when the query
invites calibration of the whole evidence considering mainly the credibility of the
witnesses, the existence and relevancy of specific surrounding circumstances, as
well as their relation to each other and to the whole, and the probability of the
situation. Estate of the Late Encarnacion V da. de Panlilio vs. Dizon, 536 SCRA 565.
Time and again, the court has reminded prospective petitioners and law -
yers alike that it is necessary that they attach to the petition under Rule 45 all the
material portions of the case records of the lower courts or quasi-judicial bodies
which at one time or another had adjudicated the case or complaint. Id.
Well-settled is the rule that higher courts are precluded from entertaining
matters neither alleged in the pleadings nor raised during the proceedings below,
but ventilated for the first time only in a motion for reconsideration or on appeal.
Active Realty and Development Corporation vs. Fernandez, 537 SCRA 116; Fuentes
vs. Caguimbal, 538 SCRA 12.
A petition is deemed to satisfy the formal requirements only with regard to
petitioners who signed the petition but not their co-petitioners who did not sign
or authorize the other petitioners to sign on their behalf-the petition shall be
considered compliant with the formal requirements with respect to the parties
who signed it and, therefore, can be given due course only with regard to them,
while as to the other petitioners who did not sign the verification and certificate
against forum shopping, they cannot be recognized as petitioners and have no
legal standing before the Court. Toyota Motor Phils. Corp. Workers Association
(TMPCWA) vs. National Labor Relations Commission, 537 SCRA 171.
Verification is not an empty ritual or a meaningless formality, and though
the requirement is not jurisdictional in nature, it does not make it less a rule.
Sapitan vs. JB Line Bicol Express, Inc., 537 SCRA 230.
A certification of non-forum shopping without the proper authorization is
defective and constitutes a valid cause for dismissal of the petition; If, for any
reason, the principal party cannot sign the petition, the one signing on his behalf
must have been duly authorized. Id.
Under Section 8(3), Rule 1 of the Interim Rules of Procedure Governing
Intra-Corporate Controversies, motion for new trial, or for reconsideration of
judgment or order, or for re-opening of trial are prohibited pleadings in said
cases. Land Bank of the Philippines vs. Ascot Holdings and Equities, Inc., 537
SCRA396.
Procedural rules setting the period for perfecting an appeal or filing an
appellate petition are generally inviolable; An appeal is not a constitutional right
but a mere statutory privilege-the requirements for perfecting an appeal within
the reglementary period specified in the law must, as a rule, be strictly followed.
Id.
It is well-established that a party cannot, by varying the form of action or
adopting a different method of presenting his case, or by pleading justifiable
circumstances, escape the operation of the principle that one and the same cause
of action shall not be twice litigated; Authorities tend to widen rather than
restrict the doctrine of res judicata on the ground that public as well as private
interest demands the ending of suits by requiring the parties to sue once and for
all in the same case all the special proceedings and remedies to which they are
entitled. Del Rosario us. Far East Bank & Trust Company, 537 SCRA 571.
Section 2, Rule 2 of the Rules of Court proscribes a party from dividing a
single or indivisible cause of action into several parts or claims and instituting
two or more actions based on it-the plaintiff cannot divide the grounds for
recovery and he cannot be permitted to rely upon them by piecemeal in succes -
sive actions to recover for the same wrong or injury. Id.
Where the petition for the issuance of letters testamentary is but a mere
continuation of the original petition for the probate of the decedent's Nittscher's
will, it is not an initiatory pleading-hence, failure to include a certification
against forum shopping is not a ground for outright dismissal of the said peti tion.
Nittscher us. Nittscher, 537 SCRA 68!.
While the phrase "of the pleadings and other material portions of the re cord
as would support the allegations of the petition" in Section 2 (d), Rule 42,
contemplates the exercise of discretion on the part of the petitioner, such discre -
tion in choosing the documents to be attached to the petition is not unbridled the
Court of Appeals has the duty to check the exercise of this discretion to see to it
that the submission of supporting documents is not merely perfunctory. Sudaria
us. Quiambao, 537 SCRA 689.
 Jurisdiction of the court in ejectment cases is determined by the allega tions
of the complaint and the character of the relief sought. Id.
While it is true that it is petitioner who initially exercises the discretion in
selecting the relevant supporting documents that will be appended to the petition
for review, it is the Court of Appeals that will ultimately determine if the
supporting documents are sufficient to even make out a prima facie case. Booc us.
Fiue Star Marketing Co., Inc., 538 SCRA 42.
Section 2 of Rule 42 of the 1997 Rules of Civil Procedure embodies the
procedure for appeals from the decision of the Regional Trial Court in the
exercise of its appellate jurisdiction, and non-compliance with any of the
requisites is a ground for the dismissal of a petition based on Section 3 of the
same Rule. Lanaria us. Planta, 538 SCRA 79.
The submission of a document together with the motion for reconsidera tion
constitutes substantial compliance with the requirement that relevant or pertinent
documents be submitted along with the petition, and calls for the relaxation of
procedural rules. Id.
Section 3(d) of Rule 3 of the Revised Internal Rules ofthe Court of Appeals
provides that the Court of Appeals is with authority to require the parties to
submit additional documents as may be necessary to promote the interests of
substantial justice. Id.
Section 2(d) of Rule 42 of the 1997 Rules of Civil Procedure indicates that only
the judgments or orders of the lower courts must be duplicate originals or be duly
certified true copies; The phrases "duplicate originals" and "true copies" of the
judgments or orders of both lower courts in the aforementioned rule, being
separated by the disjunctive word "OR" indicate that only the latter are required to
be certified correct by the clerk of court. Id.
The Court, under special circumstances and for compelling reasons, sanc -
tioned substantial compliance with the rule on the submission of verification and
certification against non-forum shopping. Ericsson Telecommunications, Inc. vs. City
of Pasig, 538 SCRA 99.
Section 11, Rule 13 of the Rules of Court was designed to ensure that
pleadings, motions and other papers reach the courts directly and promptly, so
that they may be acted upon expeditiously, as well as to forestall the deplorable
practice among some lawyers of serving or filing pleadings by mail to catch their
opposing counsel off-guard. Cadornigara vs. National Labor Relations Commission,
538 SCRA 363.
The Supreme Court finds reason to grant the petition not upon a review of
the merits but principally because the appellate court clearly erred in taking
cognizance of the appeal over which it had no jurisdiction because the notice of
appeal was patently filed late; Section 5, Rule 37 of the Rules of Court is explicit
that a second motion for reconsideration shall not be allowed. Loyola vs. Mendoza,
538 SCRA 415.
The requirement regarding verification of a pleading is formal, not juris -
dictional-it is a condition affecting the form of the pleading, and non compliance
with this requirement does not necessarily render the pleading fatally defective;
Where the authority of counsel to sign the verification and certificate of non-
forum shopping was ratified by the board of the corporation, there is no
circumvention of the objectives of the requirement for a verification. Gordoland
Development Corp. vs. Republic, 538 SCRA 425.
Points of law, theories, issues and arguments not adequately brought to the
attention of the trial court need not be, and ordinarily will not be, considered by a
reviewing court as they cannot be raised for the first time on appeal be cause this
would be offensive to the basic rules of fair play, justice and due process. Delfino
us. St. James Hospital, Inc., 538 SCRA 489.
In ordinary appealed cases before the Court of Appeals, the Rules of Court
imposes upon the appellant the duty to file an appellant's brief, but in special
cases, such as certiorari, prohibition, mandamus, quo warranto and habeas corpus
cases, a memorandum of appeal must be filed in place of an appellant's brief;
Non-filing of an appellant's brief or a memorandum of appeal is one of the
explicitly recognized grounds of dismissal of an appeal. Pineda us. Arcalas, 538
SCRA596.
Court litigations are primarily for search of truth, and a liberal interpreta -
tion of the rules by which both parties are given the fullest opportunity to adduce
proofs is the best way to ferret such truth-the dispensation of justice and
vindication of legitimate grievances should not be barred by technicalities. LCK
Industries, Inc. vs. Planters Development Bank, 538 SCRA 634.
The precise time or date of the commission of an offense need not be al -
leged in the complaint or information, unless it is an essential element of the
crime charged, of which it is not in rape. People vs. Domingo, 538 SCRA 733.

The remedy from the adverse resolution of the Ombudsman is a petition for
certiorari under Rule 65, not a petition for review on certiorari under Rule 45.
Saluador us. Mapa, Jr., 539 SCRA 34.
The averments in the complaint, not the nomenclature given by the par ties,
determine the nature of the action-the Supreme Court may differently label
actions as special civil actions for certiorari under Rule 65 for reasons such as
justice, equity, and fair play. Id.
Where a party's interest is merely tangential to any issue regarding the
ownership and possession of the property, the same it is not sufficient to vest in
said party's legal standing to sue for reversion of the property; An amended
complaint supersedes an original one-the original complaint is deemed with drawn
and no longer considered part of the record. Figuracion us. Libi, 539 SCRA50.
The trial court acts without jurisdiction when it entertains a complaint of one
not a real party-in-interest. Id.
There is substantial compliance with the Rules of Court when there is a
belated submission or filing of the secretary's certificate through a motion for
reconsideration of the Court of Appeals' decision dismissing the petition for
certiorari. Varorient Shipping Co., Inc., us. National Labor Relations Commission, 539
SCRA 131.
Where there is commonality of interest, the substantial compliance by one
should likewise redound to the benefit of the other solidary obligors who may
have been independently deficient in the execution of their own requirements. [d.
Where there existed a common cause of action against three solidary obli -
gors, as the acts and omissions imputed against them are one and the same, an
ultimate finding that the local manning agency was not liable would, under these
circumstances, logically imply a similar exoneration from liability of the other
two, whether or not they interposed any defense. [d.
Both law and jurisprudence require aggravating circumstances to be ex -
pressly and specifically alleged in the complaint or information, otherwise the
same will not be considered by the court even if proved during the trial. People us.
Santiago, 539 SCRA 198.
The filing with the Municipal Trial Court of an election protest and with the
Regional Trial Court of a petition for injunction does not constitute forum
shopping-the causes of action and the reliefs prayed for in the former and in the
latter are entirely different. Adao us. Docena, 539 SCRA 487.
Under the Rules of Court, a party may amend his pleading once as a mat ter
of right at any time before a responsive pleading is served, or in the case of a
reply, at any time within ten (10) days after it is served; As a rule, the aggrieved
party must perfect his appeal within the period as provided for by law, other wise
failure to comply with the law will result in the decision becoming final and
executory and, as such, can no longer be modified or reversed. National Mines and
Allied Workers Union (NAMAWU) us. Calderon-Bargas, 539 SCRA 547.

Failure to implead indispensable parties is a fatal defect; Indispensable

parties are those which have such interest in the controversy that a final adjudi -
cation of the case would certainly affect their rights, so that the court cannot
proceed without their presence. Freedom from Debt Coalition us. Metropolitan
Waterworks and Sewerage System, 539 SCRA 621.
The certification of non-forum shopping is required only for complaints and
other initiatory pleadings-a contingent money claim against the estate of a
decedent is not an initiatory pleading; A probate proceeding is initiated upon the
filing of the petition for allowance of the decedent's will; A contingent money
claim, not being an initiatory pleading, does not require a certification against non-
forum shopping. Sheker us. Estate of Alice 0. Sheker, 540 SCRA 111.
Non-payment of filing fees for a money claim against the estate is not one
ofthe grounds for dismissing a money claim against the estate. Id.
Personal service and filing is the general rule, and resort to other modes of
service and filing, the exception; Whenever personal service or filing is practica -
ble, in light of the circumstances of time, place and person, personal service or
filing is mandatory. Id.
The production or inspection of documents or things as a mode of discovery
sanctioned by the Rules of Court may be availed of by any party upon a showing
of good cause therefor before the court in which an action is pending. Air Philip-
pines Corporation us. Pennswell, Inc., 540 SCRA 215.
Rule 27 of the Rules of Court sets an unequivocal prouiso that the docu -
ments, papers, books, accounts, letters, photographs, objects or tangible things that
may be produced and inspected should not be privileged-not be privileged against
disclosure; On the ground of public policy, the rules providing for pro duction and
inspection of privileged matters, that is, books and papers which, because of their
confidential and privileged character, could not be received in evidence. Id.
There are other privileged matters that are not mentioned by Rule 130,
among which are the following: (a) editors may not be compelled to disclose the
source of published news, (b) voters may not be compelled to disclose for whom
they voted, (c) trade secrets, (d) information contained in tax census returns, and
(d) bank deposits. Id.
View that a party cannot change horses in midstream-it cannot adopt a new
theory or argument, specially one that is inconsistent with its previous contention.
Manotok Realty, Inc. us. CLT Realty Deuelopment Corporation, 540 SCRA304.
A defending party may be declared in default, upon motion and notice, for
failure to file an answer within the allowable period, resulting in the defaulting
party being unable to take part in the trial albeit he is entitled to notice of
subsequent proceedings. Republic us. Sandiganbayan, 540 SCRA 431.
The grant of a motion to file a responsive pleading and bill of particulars has
the effect oflifting the default order. Id.

Where the only objection to an action taken by a court is based on a tech -

nicality, such would be a flimsy foundation upon which to sacrifice the substan -
tial rights of a litigant. Id.
A motion to lift a default order requires no hearing-it need be under oath
only and accompanied by an affidavit of merits showing a meritorious defense.
Id.
Default judgments are frowned upon, and the Supreme Court has been
advising the courts below to be liberal in setting aside default orders to give both
parties every chance to present their case fairly without resort to technicality;
Judicial experience shows that resort to motions for bills of particulars is some -
times intended for delay or, even if not so intended, actually result in delay since
the reglementary period for filing a responsive pleading is suspended and the
subsequent proceedings are likewise set back in the meantime. Id.
The Revised Rules of Criminal Procedure which took effect on 1 December
2000 now provides that aggravating circumstances must be alleged in the
information to be validly appreciated by the court; The retroactive application of
the Revised Rules of Criminal Procedure cannot adversely affect the rights of a
private offended party to exemplary damages that have become vested prior to
the effectivity ofthe said Rules. People us. Aguilar, 540 SCRA 509.
Service of a copy of a motion containing a notice of the time and the place
of hearing of that motion is a mandatory requirement, and the failure of movants
to comply with these requirements renders their motions fatally defective;
Exceptions. KKK Foundation, Inc. us. Calderon-Bargas, 541 SCRA 432.
A notice of hearing is an integral component of procedural due process to
afford the adverse parties a chance to be heard before a motion is resolved by the
court; The notice requirement is not a ritual to be followed blindly procedural due
process is not based solely on a mechanical and literal applica tion that renders
any deviation inexorably fatal. Id.
A rudimentary doctrine on appealed cases is that the Supreme Court is
clothed with ample authority to review matters, even if they are not assigned as
errors on appeal, if it finds that their consideration is necessary at arriving at a
just decision of the case; An unassigned error closely related to an error properly
assigned or upon which the determination of the question raised by the error
properly assigned is dependent, will be considered by the appellate court not -
withstanding the failure to assign it as an error. Heirs of Marcelino Doronio us.
Heirs of Fortunato Doronio, 541 SCRA 479.

PRELIMINARY INJUNCTION
See also Injunctions.

Prescinding from the provisions mentioned above, we have consistently

held that the requisites of preliminary injunction whether mandatory or pro -
hibitory are the following: (1) the applicant must have a clear and unmistakable
right, that is a right in esse; (2) there is a material and substantial invasion of such
right; (3) there is an urgent need for the writ to prevent irreparable injury to the
 applicant; and (4) no other ordinary, speedy, and adequate remedy exists to
prevent the infliction of irreparable injury. Marquez us. Presiding Judge (Hon. Ismael
B. Sanchez), RTC Br. 58, Lucena City, 515 SCRA 577.
In order for a writ of preliminary injunction to issue, the application should
clearly allege facts and circumstances showing the existence of the requisites.ld.
A preliminary injunction is a provisional remedy that a party may resort to
in order to preserve and protect certain rights and interests during the pendency of
an action; The status quo should be existing ante litem motam, or at the time of the
filing of the case-a preliminary injunction should not establish new relations
between the parties, but merely maintain or re-establish the pre existing
relationship between them. Limitless Potentials, Inc. us. Court of Appeals, 522 SCRA
70.
The purpose of a preliminary injunction is to prevent threatened or con -
tinuous irremediable injury to some of the parties before their claims can be
thoroughly studied and adjudicated. Id.
There is nothing in Rule 57, Section 20 of the 1997 Revised Rules of Civil
Procedure, which requires an enjoined party, who suffered damages by reason of
the issuance of a writ of injunction, to prove malice or lack of good faith in the
issuance thereof before he can recover damages against the injunction bond -
malice or lack of good faith is not a condition sine qua non for liability to attach on
the injunction bond. [d.
The injunction bond is answerable for all damages; The posting of a bond
in connection with a preliminary injunction does not operate to relieve the party
obtaining an injunction from any and all responsibility for damages that the writ
may thereby cause-it merely gives additional protection to the party against
whom the injunction is directed. Id.
Attorney's fees, litigation costs, and costs of delay can be recovered from the
injunction bond as long as it can be shown that said expenses were sus tained by
the party seeking recovery by reason of the writ of preliminary injunc tion, which
was later on determined as not to have been validly issued and that the party who
applied for the said writ was not entitled thereto; It is erroneous for the appellate
court to rule that a party is not entitled to claim damages from the injunction bond
simply because the preliminary injunction was directed against the lower court
and not against said party-the lower court does not stand to suffer damages from
the injunction because it has no interest or stake in the Petition pending before it,
instead damage or loss is suffered by the party whose right to pursue its case is
suspended or delayed. Id.
The posting of a bond is a condition sine qua non in order that the writ of
preliminary injunction may issue. Garcia us. Adeua, 522 SCRA 572.

PRESUMPTIONS
 The presumption under Section 131(s) of the Rules of Court stating that a
negotiable instrument was given for a sufficient consideration will not inure to
the benefit of someone who was merely the transferee of the physical possession
of the instrument-the phrase "given or indorsed" in the context of a negotiable
instrument refers to the manner in which such instrument may be negotiated.
Bank of the Philippine Islands vs. Court of Appeals, 512 SCRA 620.
It is the rule that when stolen property is found in the possession of one, not
the owner, and without a satisfactory explanation of his possession, he is
presumed to be the thief. Pil-ey vs. People, 527 SCRA 76.
"Holder in Due Course," Explained. Bank of the Philippine Islands vs.
Roxas, 536 SCRA 168.
Value in general terms may be some right, interest, profit or benefit to the
party who makes the contract or some forbearance, detriment, loan, responsibil -
ity, etc. on the other side. Id.
Article 1667 of the Civil Code creates the presumption that the lessee is li-
able for the deterioration or loss of a thing leased, and to overcome such legal
presumption, the lessee must prove that the deterioration or loss was due to a
fortuitous event which took place without his fault or negligence. College Assur-
ance Plan vs. Belfranlt Development, Inc., 538 SCRA 27.
Tenancy relationship cannot be presumed. De Jesus vs. Moldex Realty, Inc.,
538 SCRA 316.
The law requires that every reasonable presumption be made in favor of
legitimacy, a presumption which not only flows out of a declaration in the statute
but is based on the broad principles of natural justice and the supposed virtue
ofthe mother. Estate ofRogelio G. Ong vs. Diaz, 540 SCRA 480.
Where a document in unofficial language, not so accompanied with a
translation in English or Filipino, is offered in evidence and not objected to,
either by the parties or the court, it must be presumed that the language in which
the document is written is understood by all, and the document is admis sible in
evidence. Heirs of Marcelino Doronio vs. Heirs of Fortunato Doronio, 541 SCRA479.

PRE-TRIAL
See also Civil Procedure, Notices and Pleadings and Practice.
The trial court may properly deny defense counsel's motion for substitu tion of
witnesses since Section 4, Rule 118 of the Revised Rules on Criminal Procedure
mandates that the matters agreed upon in the pre-trial conference and as stated in
the pre-trial order shall bind the parties. People vs. Guzman, 513 SCRA 156.
If two witnesses of the accused were indeed afraid or hesitant to testify, he
should have moved the trial court to subpoena the said witnesses to testify in
court pursuant to his constitutional right to compulsory process to secure the
attendance of his witnesses. Id.
The determination of issues at a pre-trial conference bars the considera tion
of other questions on appeal; Where the issue on the nature of the property was
embodied in the pleadings filed by the parties subsequent to the complaint and
was actively litigated by them without any objection on the part of one of the
parties, the latter are deemed to have given their implied consent for the trial
court to try such issue. Heirs of Vicente Reyes vs. Court of Appeals, 519 SCRA250.
In Rule 18 and in the pre-trial guidelines, the parties are required to sub mit
pre-trial briefs which should contain a summary of admitted facts and proposed
stipulation of facts and a list of documents or exhibits to be presented; Parties
are required to use the different modes of discovery and deposition under Rules
23, 25, 26, 27 and 28 within five (5) days form the filing of the answer. Locsin
vs. Sandiganbayan, 529 SCRA 572.
Rule 18 of the Rules of Civil Procedure mandatorily requires the parties to
seasonably file their briefs and failure to do so shall be cause for the dismissal of
the action. Vera vs. Rigor, 529 SCRA 729.
Court emphasized that pre-trial and its governing rules are not technicali -
ties which the parties may ignore or trifle with. Id.
Since respondent did not file a pre-trial brief, it follows that the trial judge
failed to conduct the pre-trial conference in accordance with Rule 18. Id.
Plaintiffs failure to file the pre-trial brief shall be cause for dismissal of the
action; If the trial court has discretion to dismiss the case because of plain tiffs
failure to appear at pre-trial, then it also has the discretion to dismiss the case
because of plaintiffs failure to file the pre-trial brief. Republic vs. Oleta, 530
SCRA 534.
 The conduct of pre-trial in civil actions has been mandatory as early as 1
January 1964 upon the effectivity of the Revised Rules of Court; Pre-trial is an
answer to the clarion call for the speedy disposition of cases; Hailed as the most
important procedural innovation in Anglo-Saxon justice in the nineteenth
century, pre-trial is a device intended to clarify and limit the basic issues
between the parties. LCK Industries, Inc. us. Planters Development Bank, 538
SCRA634.
The purpose of entering into a stipulation of facts is to expedite trial and to
relieve the parties and the court as well of the costs of proving facts which will
not be disputed on trial and the truth of which can be ascertained by rea· sonable
inquiry. Id.
While the parties, to obviate the element of surprise, are expected to dis·
close at the pre-trial conference all issues of law and fact they intend to raise at
the trial, in cases in which the issue may involve privileged or impeaching
matters, or if the issues are impliedly included therein or may be inferable
therefrom by necessary implication to be integral parts of the pre-trial order as
much as those that are expressly stipulated, the general rule will not apply. Id.

PROBABLE CAUSE
Probable cause has been defined as the existence of such facts and circum -
stances as would excite the belief, in a reasonable mind, acting on the facts within
the knowledge of the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted. Republic us. Desierto, 512 SCRA 57; De Chauez us.
Office of the Ombudsman, 514 SCRA 638; Magbanua us. Junsay, 515 SCRA 419;
Schroeder us. Saldeuar, 522 SCRA 624; Gonzalez us. Hongkong & Shanghai
Banking Corporation, 537 SCRA 255; Santos us. Pryce Gases, Inc., 538 SCRA 474;
Hon Ne Chan us. Honda Motor Co., Ltd., 541 SCRA 249.
The wide latitude in determining the existence of probable cause or the lack
of it cannot be exercised arbitrarily; A finding of probable cause needs only to
rest on evidence showing that more likely than not a crime has been commit ted
and was committed by the suspects. Id.
The determination of whether probable cause exists to warrant the prose -
cution in court of an accused should be consigned and entrusted to the Depart -
ment of Justice; Court's duty in an appropriate case is confined to a determina tion
of whether the assailed executive or judicial determination of probable cause was
done without or in excess of jurisdiction or with grave abuse of discretion
amounting to want of jurisdiction. First Women's Credit Corporation us. Baybay,
513 SCRA 637.
Once a complaint or information is filed in court, any disposition of the case,
e.g. its dismissal or the conviction or acquittal of the accused rests on the sound
discretion of the court. Id.
The trial judge need not state with specificity or make a lengthy exposition
of the factual and legal foundation relied upon by him to arrive at his decision. Id.
A preliminary investigation is essentially an inquiry to determine whether
(a) a crime has been committed, and, (b) whether there is probable cause that the
accused is guilty thereof. Bauiera us. Paglinawan, 515 SCRA 170.
An accused does not waive the right to a preliminary investigation if he
invokes it before or at the time he enters his plea; A Motion for Judicial Deter -
mination of Probable Cause is akin to a motion for the conduct of preliminary
investigation, the purpose of which is to determine the existence of probable
cause. Redulla us. Sandiganbayan, 517 SCRA 110.
Probable cause is a reasonable ground of presumption that a matter is, or
may be, well-founded, such a state of facts in the mind of the prosecutor as would
lead a person of ordinary caution and prudence to believe, or entertain an honest
or strong suspicion, that a thing is so-the term does not mean "actual and positive
cause" nor does it import absolute certainty. It is merely based on opinion and
reasonable belief; While probable cause demands more than "bare suspicion," it
requires "less than evidence which would justify conviction." R.R. Paredes us.
Calilung, 517 SCRA 369.
The conduct of preliminary investigation for the purpose of determining the
existence of probable cause is executive in nature-the prosecution of crimes
appertains to the executive department of the government whose principal power
and responsibility is to see that the laws of the land are faithfully exe cuted.ld.
Probable cause need not be based on clear and convincing evidence of guilt,
neither on evidence establishing guilt beyond reasonable doubt and definitely, not
on evidence establishing absolute certainty of guilt, but it cer tainly demands more
than bare suspicion and can never be left to presupposi tion, conjecture, or even
convincing logic. Id.
If the prosecutor found probable cause to indict the respondent for a
criminal offense, it is his duty to file the corresponding information in court, but it
is equally his duty not to prosecute when after an investigation the evidence
adduced is not sufficient to establish a prima facie case. Monfort III us. Saluatierra,
517 SCRA 447.
The Supreme Court may inquire into the determination of probable cause
during the preliminary investigation if, based on the records, the prosecutor
committed grave abuse of discretion. Id.
It is settled that reliable information alone, absent any overt act indicative of
a felonious enterprise in the presence and within the view of the arresting officers,
is not sufficient to constitute probable cause that would justify an in flagrante
delicto arrest. People us. Laguio, Jr., 518 SCRA 393.
In warrantless searches, probable cause must only be based on reasonable
ground of suspicion or belief that a crime has been committed or is about to be
committed, of which there is no hard and fast rule or fixed formula in determin ing
probable cause for its determination varies according to the facts of each case.
Epie, Jr. us. Ulat-Marredo, 518 SCRA 641.
Where a vehicle was flagged down but it did not stop, forcing the police to
chase it, there exists probable cause to justify a reasonable belief on the part of
the law enforcers that the vehicle contained objects which were instruments of
some offense. Id.
As a rule, courts do not interfere in the Ombudsman's exercise of discre tion
in determining probable cause, unless there are compelling reasons. Go us. Fifth
Diuision, Sandiganbayan, 521 SCRA 270.
The Ombudsman's power to investigate and to prosecute is plenary and
unqualified; It pertains to any act or omission of any public officer or employee
when such act or omission appears to be illegal, unjust, or improper. Schroeder us.
Saldeuar, 522 SCRA 624.
Probable cause does not require certainty of guilt for a crime; Definition of
Probable Cause. Galario us. Office of the Ombudsman (Mindanao), 527 SCRA 190.
A finding of probable cause need not be based on clear and convincing evi -
dence of guilt, neither on evidence establishing absolute certainty of guilt. Id.
As a general rule, the Court does not interfere with the Ombudsman's de -
termination of the existence or absence of probable cause. Id.
The investigating prosecutor (the Ombudsman, in the case) given suffi cient
latitude of discretion, not only in determining what will constitute suffi cient
evidence that will establish "probable cause" for the filing of information against
a supposed offender, but as well as the proper offense to be charged against said
offender depending on the evidence submitted by the parties during the
preliminary investigation. Id.
Power of the Ombudsman to determine probable cause and thus charge the
proper information is subject to the requirements of due process. Id.
The function of determining what is sufficient evidence to establish prob -
able cause is the job of the Office of the Ombudsman. Brito us. Office of the Deputy
Ombudsman for Luzon, 527 SCRA 215.
When a vehicle is flagged down and subjected to an extensive search, such a
warrantless search has been held to be valid as long as the officers conducting the
search have reasonable or probable cause to believe prior to the search that they
would find the instrumentality or evidence pertaining to a crime, in the vehicle to
be searched. People us. Tuazon, 532 SCRA 152.
The settled rule is that the determination of probable cause for the filing of
an Information in court is an executive function, one that properly pertains at the
first instance to the public prosecutor and, ultimately, to the Secretary of Justice.
United Coconut Planters Bank us. Looyuko, 534 SCRA 322.
The determination of probable cause to warrant prosecution in court is
under our criminal justice system, entrusted at the first instance to public
prosecutors and finally to the Secretary of Justice as reviewer of the findings and
resolutions of the prosecutors in preliminary investigations cases; The authority
of the Secretary of Justice to review and order the withdrawal of an information
in instances where he finds the absence of a prima facie case is not time-barred,
albeit subject to the approval of the court if its jurisdiction over the accused has
meanwhile attached. Guy us. Asia United Bank, 534 SCRA 703.
What the Constitution underscores is the exclusive and personal responsi bility of
the issuing judge to satisfy himself of the existence of probable cause but the
judge is not required to personally examine the complainant and his witnesses.
Borlongan, Jr. us. Pena, 538 SCRA 221.
The general rule is that this Court does not review the factual findings of
the trial court, which include the determination of probable cause for the issu ance
of a warrant of arrest-it is only in exceptional cases when this Court may set aside
the conclusions of the prosecutor and the trial judge on the existence of probable
cause, that is, when it is necessary to prevent the misuse of the strong arm of the
law or to protect the orderly administration of justice. Id.
In affirming the sufficiency of probable cause in the issuance of the search
warrant, this Court is not preempting the subsequent determination by the
investigating prosecutor if there is cause to hold the respondent for trial. After all,
the investigating prosecutor is the person tasked to evaluate all the evidence
submitted by both parties. Santos us. Pryce Gases, Inc., 538 SCRA 474.
A finding of probable cause merely binds over the suspect to stand trial-it
does not impose a guilty verdict; Probable cause requires more than bare suspi -
cion. Ilusorio us. Ilusorio, 540 SCRA 182.
The duty to determine the existence of probable cause in order to charge a
person for committing a crime rests on the public prosecutor; Courts can not
interfere with the discretion of the public prosecutor in evaluating the offense
charged-unless it is shown that the finding of probable cause was made with
manifest error, grave abuse of discretion, and prejudice on the part of the public
prosecutor, the trial court should respect such determination; The duty to
determine whether probable cause exists to issue a warrant of arrest rests on the
judge-a judicial function to decide whether there is a necessity for placing the
accused under immediate custody in order not to frustrate the ends of justice.
People us. Capwa, 541 SCRA 516.

PROBATE PROCEEDINGS
See also Civil Law, Partition, Settlement of Estates and Wills and
Succession.

Before any will can have force or validity it must be probated-this cannot be
dispensed with and is a matter of public policy; A Partition Agreement which was
executed pursuant to a will that was not probated can not be given effect.
Rodriguez us. Rodriguez, 532 SCRA 642.
Where the petition for the issuance of letters testamentary is but a mere
continuation of the original petition for the probate of the decedent's Nittscher's
will, it is not an initiatory pleading-hence, failure to include a certification against
forum shopping is not a ground for outright dismissal of the said peti tion.
Nittscher us. Nittscher, 537 SCRA 681.
The authority of the probate court is limited to ascertaining whether the testator,
being of sound mind, freely executed the will in accordance with the formalities
prescribed by law-a widow's claim of title to the properties forming part of her
husband's estate should be settled in an ordinary action before the regular courts.
Id.
The certification of non-forum shopping is required only for complaints and
other initiatory pleadings-a contingent money claim against the estate of a
decedent is not an initiatory pleading; A probate proceeding is initiated upon the
filing of the petition for allowance of the decedent's will; A contingent money
claim, not being an initiatory pleading, does not require a certification against
non-forum shopping. Sheker us. Estate of Alice O. Sheker, 540 SCRA Ill.
Non-payment of filing fees for a money claim against the estate is not one
ofthe grounds for dismissing a money claim against the estate. Id.
The ruling spirit of the probate law is the speedy settlement of estates of
deceased persons for the benefit of creditors and those entitled to residue by way
of inheritance or legacy after the debts and expenses of administration have been
paid. Id.
A probate court, in the exercise of its limited jurisdiction, is the best forum
to ventilate and adjudge the issue of impairment of legitime as well as other
related matters involving the settlement of estate; An action for reconveyance
with damages is a civil action, whereas matters relating to settlement of the estate
of a deceased person such as advancement of property made by the decedent,
partake of the nature of a special proceeding. Heirs of Marcelino Doronio us. Heirs
of Fortunato Doronio, 541 SCRA 479.
Before any conclusion about the legal share due to a compulsory heir may
be reached, it is necessary that certain steps be taken first-the net estate of the
decedent must be first ascertained by deducting all payable obligations and
charges from the value of the property owned by the deceased at the time of his
death, then, all donations subject to collation would be added to it. Id.

PROHIBITION
Prohibition lies when the proceedings of any tribunal, corporation, board,
office or person, whether judicial, quasi-judicial or ministerial functions, are
without or in or excess of its jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction. J & N Shipping Lines, Inc. us.
Technomarine Co., Ltd., 518 SCRA 721.
Basic is the rule that the writ of prohibition is an extraordinary remedy to
prevent the unlawful and oppressive exercise of legal authority and to provide for
a fair and orderly administration of justice. Tan vs. Court of Appeals, 524
SCRA306.
Prohibition does not lie to restrain an act which is already a fait accompli.
Chavez us. National Housing Authority, 530 SeRA 235.
The Court fails to see how the prohibition against the existence of bus
terminals can be considered a reasonable necessity to ease traffic congestion in
the metropolis-less intrusive measures such as curbing the proliferation of
"colorum" buses, vans and taxis entering Metro Manila and using the streets for
parking and passenger pick-up points might even be more effective in easing the
traffic situation, as well as the strict enforcement of traffic rules and the reo
moval of obstructions from major thoroughfares. Metropolitan Manila Development
Authority vs. Viron Transportation Co., Inc., 530 SCRA 341.
As a general rule, the Court will not issue writs of prohibition or injunc tion,
preliminary or final, to enjoin or restrain criminal prosecution. Borlongan, Jr. us.
Peiia, 538 SCRA 221.
A requirement under Rule 63 is that the petition for declaratory relief must
be filed "before any breach or violation" the questioned document may cause; It
is familiar and fundamental doctrine that a writ of prohibition or mandamus may
issue when a board unlawfully excludes another from enjoy ment of a right or
office to which such other is entitled. National Electrification Administration us.
Gonzaga, 539 SCRA 388.

PROSECUTION OF CRIMES
See also Criminal Procedure.

The duty to determine the existence of probable cause in order to charge a

person for committing a crime rests on the public prosecutor; Courts can not
interfere with the discretion of the public prosecutor in evaluating the offense
charged-unless it is shown that the finding of probable cause was made with
manifest error, grave abuse of discretion, and prejudice on the part ofthe public
prosecutor, the trial court should respect such determination; The duty to
determine whether probable cause exists to issue a warrant of arrest rests on the
judge-a judicial function to decide whether there is a necessity for placing the
accused under immediate custody in order not to frustrate the ends of justice.
People us. Capwa, 541 SCRA 516.

QUASI-JUDICIAL FUNCTION
Quasi-judicial function is a term which applies to the action, discretion, etc.,of
public administrative officers or bodies, who are required to investigate facts or
ascertain the existence of facts, hold hearings and draw conclusions from them as
a basis for their official action and to exercise discretion of a judicial nature.
Metropolitan Bank and Trust Company, Inc. vs. National Wages and Productivity
Commission, 514 SCRA 346.
Quasi-judicial power is defined as that power of adjudication of an admin -
istrative agency for the "formulation of a final order"-this function applies to the
actions, discretion and similar acts of public administrative officers or bodies who
are required to investigate facts, or ascertain the existence of facts, hold hearings,
and draw conclusions from them, as a basis for their official action and to exercise
discretion of a judicial nature. National Housing Authority vs. Almeida, 525 SCRA
383.

RECEIVERSHIP
See also Banks and Banking.

The approval of the Rehabilitation Plan and the appointment of a rehabili -

tation receiver merely suspend the actions for claims against the corporation-a
mortgagee's preferred status over the unsecured creditors relative to the mort gage
liens is retained, but the enforcement of such preference is suspended.
Metropolitan Bank & Trust Company us. ASB Holdings, Inc., 517 SCRA 1.
Where the liquidators of a corporation placed on receivership illegally
withdrew the certificates of stock from the custodian bank without the knowl edge
and consent of the owner and authority of the Securities and Exchange
Commission, adding the proceeds of the sale to the assets of the corporation, the
owner became a creditor of said corporation. Cordoua us. Reyes Daway Lim
Bernardo Lindo Rosales Law Offices, 526 SCRA 300.
While shares of stock are specific or determinate movable properties, after
they are sold, the money raised from the sale became generic and commingled
with the cash and other assets of the corporation under receivership. Id.
Upon appointment by the Securities and Exchange Commission (SEC) ofa
rehabilitation receiver, all actions for claims against the corporation pending
before any court, tribunal or board shall ipso jure be suspended-the suspension of
all actions for claims against the corporation embraces all phases of the suit, be it
before the trial court or any tribunal or before the Supreme Court. Garcia us.
Philippine Airlines, Inc., 531 SCRA 574.
The actions that are suspended cover all claims against the corporation
whether for damages founded on a breach of contract of carriage, labor cases,
collection suits or any other claims of a pecuniary nature. Id.
A sequestration order is similar to the provisional remedy of Receivership
under Rule 59 of the Rules of Court; The Presidential Commission on Good
Government (PCGG), as a mere conservator, does not automatically become the
owner of a sequestered property in behalf of the government. Pacific Basin
Securities Co., Inc. vs. Oriental Petroleum and Minerals Corp., 531 SCRA 667.
The relevant law dealing with the suspension of payments for money claims
against corporations under rehabilitation is Presidential Decree (PD) No. 902-A,
as amended; The term "claim" under said law refers to debts or demands of
pecuniary nature. Uniwide Holdings, Inc. vs. Jandecs Transportation Co., Inc., 541
SCRA 158.
So as not to run counter to or depart from the well-established doctrines in
BF Homes, Inc. and PAL, and considering further the SEC's appointment of a
receivership committee, the Supreme Court will defer the entry of judgment in
this case even after this resol ution attains finality. Id.

REPEALS
A repealing clause like Sec. 27, Book VIII of the Administrative Code of
1987 is not an express repealing clause because it fails to identify or designate the
laws to be abolished; An implied repeal must have been clearly and unmis takably
intended by the legislature. Commissioner of Internal Revenue vs. Primetown Property
Group, Inc., 531 SCRA 436.

REPLEVIN
In a complaint for replevin, the claimant must convincingly show that he is
either the owner or clearly entitled to the possession of the object sought to be
recovered, and that the defendant, who is in actual or legal possession thereof,
wrongfully detains the same; The term replevin is popularly understood as "the
return to or recovery by a person of goods or chattels claimed to be wrongfully
taken or detained upon the person's giving security to try the matter in court and
return the goods if defeated in the action." Superlines Transportation Company, Inc.
vs. Philippine National Construction Company, 519 SCRA 432.
The lessor in a lease with option to purchase, in choosing, through re plevin,
to deprive the lessee of possession of the leased equipment, waived its right to
bring an action to recover unpaid rentals on the said leased items; The remedies
provided for in Article 1484 of the Civil Code are alternative, not cumulative-the
exercise of one bars the exercise of the others. PCI Leasing and Finance, Inc. vs.
Giraffe-X Creative Imaging, Inc., 527 SCRA 405.
If a defendant in a replevin action wishes to have the property taken by the
sheriff restored to him, he should within five days from such taking, (1) post a
counter-bond in double the value of said property, and (2) serve plaintiff with a
copy thereof, both requirements-as well as compliance therewith within the five-
day period mentioned-being mandatory. Bautista vs. Sula, 530 SCRA 406.
Under the Rules of Court, the sheriff should not immediately deliver the
property seized under a writ of replevin to the plaintiff-the purpose of the five day
period is to give defendants in a replevin case a chance to require the return of the
property by filing a counter-bond. Id.

RES IPSA LOQUITUR

RES JUDICATA
The requisites for the applicability of the doctrine of res ipsa loquitur are: (1) the
occurrence of an injury; (2) the thing which caused the injury was under the
control and management of the defendant; (3) the occurrence was such that in the
ordinary course of things, would not have happened if those who had control or
management used proper care; and (4) the absence of explanation by the
defendant. Of the foregoing requisites, the most instrumental is the "control and
management of the thing which caused the injury." Professional Services, Inc. vs. Agana,
513 SCRA 478.
Res ipsa loquitur is not a rule of substantive law, hence, does not per se create
or constitute an independent or separate ground of liability, being a mere
evidentiary rule. Id.
Under the doctrine of res ipsa loquitur expert testimony may be dispensed
with to sustain an allegation of negligence if the following requisites obtain: a)
the accident is of a kind which does not ordinarily occur unless someone is
negligent; b) the cause of the injury was under the exclusive control of the person
in charge and c) the injury suffered must not have been due to any voluntary
action or contribution on the part of the person injured. College Assurance Plan vs.
Belfranlt Development, Inc., 538 SCRA 27.

SPECIAL PROCEEDINGS
Special provisions under Part II of the Rules of Court govern special pro -
ceedings, but in the absence of special provisions, the rules provided for in Part I
of the Rules governing ordinary civil actions shall be applicable to special
proceedings, as far as practicable. Sheker us. Estate of Alice 0. Sheker, 540 SCRA
111.
The word "practicable" is defined as: possible to practice or perform; capa -
ble of being put into practice, done or accomplished. Id.
In the absence of special provisions, rules in ordinary actions may be ap plied
in special proceedings as much as possible and where doing so would not pose an
obstacle to said proceedings. Id.
The certification of non-forum shopping is required only for complaints and other
initiatory pleadings-a contingent money claim against the estate of a decedent is
not an initiatory pleading; A probate proceeding is initiated upon the filing of the
petition for allowance of the decedent's will; A contingent money claim, not being
an initiatory pleading, does not require a certification against non-forum
shopping. Id.
Non-payment of filing fees for a money claim against the estate is not one
of the grounds for dismissing a money claim against the estate. Id.
Personal service and filing is the general rule, and resort to other modes of
service and filing, the exception; Whenever personal service or filing is practica -
ble, in light of the circumstances of time, place and person, personal service or
filing is mandatory. Id.
The ruling spirit of the probate law is the speedy settlement of estates of
deceased persons for the benefit of creditors and those entitled to residue by way
of inheritance or legacy after the debts and expenses of administration have been
paid. Id.
A probate court, in the exercise of its limited jurisdiction, is the best forum
to ventilate and adjudge the issue of impairment of legitime as well as other
related matters involving the settlement of estate; An action for reconveyance
with damages is a civil action, whereas matters relating to settlement of the
estate of a deceased person such as advancement of property made by the
decedent, partake of the nature of a special proceeding. Heirs of Marcelino Doronio
us. Heirs of Fortunato Doronio, 541 SCRA 479.

SUBPOENA DUCES TECUM

It would seem constitutionally offensive to suppose that a member or staff

member of the Presidential Commission on Good Government (PCGG) could not
be required to testify before the Sandiganbayan or that such members are
exempted from complying with orders of the Supreme Court. Presidential
Commission on Good Government vs. Sandiganbayan (Fifth Division), 536 SCRA609.
 SUMMONS
Service of summons of a bank's Branch Manager did not bind the corpora -
tion for the branch manager is not included in the enumeration of the statute of
the persons upon whom service of summons can be validly made in behalf of the
corporation, but whatever defect that attended the service of the original sum -
mons was cured by the issuance and the proper service of new summons. Bank of
the Philippine Islands us. Santiago, 519 SCRA 389.
The ultimate test on the validity and sufficiency on service of summons is
whether the same and the attachments thereto where ultimately received by the
corporation under such circumstances that no undue prejudice is sustained by it
from the procedural lapse and it was pertaining to the manner of service of
summons-substantial demands that every case should be viewed in light of the
peculiar circumstances attendant to each. Id.
As a rule, summons should be personally served on the defendant; It is
only when summons cannot be served personally within a reasonable
period of time that substituted service may be resorted to. Orion Security
Corporation vs. Kalfam Enterprises, Inc., 522 SCRA. 617.
In case of substituted service, there should be a report indicating
that the person who received the summons in the defendant's behalf
was one with whom the defendant had a relation of confidence ensuring
that the latter would actu ally receive the summons. Id.
A party who makes a special appearance in court challenging the
jurisdic tion of the court based on the ground of invalid service of
summons is not deemed to have submitted himself to the jurisdiction of
the court. Id.
The purpose of summons, which is to give notice to the
defendant or re spondent that an action has been commenced against
him, was sufficiently met. Alegar Corporation vs. Alvarez, 527 SCRA 289.
There is no showing that substituted service of summons on
Ramon Alva rez, under Section 7, Rule 14 of the Rules of Court was
justified. Id.
Courts acquire jurisdiction over the plaintiffs upon the filing of
the com plaint while jurisdiction over the defendants in a civil case is
acquired either through the service of summons upon them in the
manner required by law or through their voluntary appearance in court
and their submission to its author ity. Perkin Elmer Singapore Pte Ltd. vs.
Dakila Trading Corporation, 530 SCRA 170.
The proper service of summons differs depending on the nature
of the civil case instituted by the plaintiff or petitioner: whether it is in
personam, in rem or quasi in rem. Id.
Instances wherein a defendant who is a non-resident and is not
found in the country may be served with summons by extraterritorial
service; In these instances, service of summons may be effected by (a)
personal service out of the country, with leave of court; (b) publication,
also with leave of court; or (c) any other manner the court may deem
sufficient; Extraterritorial service of sum mons applies only where the
action is in rem or quasi in rem but not if an action is in personam. Id.
A party who makes a special appearance in court for the purpose
of chal lenging the jurisdiction of the court based on the invalidity of the
service of summons cannot be considered to have voluntarily submitted
himself to the jurisdiction of the court; Neither can the compulsory
counterclaim contained in petitioner's Answer ad cautelam be considered
as voluntary appearance of petitioner before the Regional Trial Court
(RTC). Id.
In order to acquire jurisdiction in actions in personam where
defendant re sides out of and is not found in the Philippines, it becomes
a matter of course for the court to convert the action into a proceeding
in rem or quasi in rem by attaching the defendant's property; The service
of summons in this case (which may be by publication coupled with the
sending by registered mail of the copy of the summons and the court
order to the last known address of the defendant) is no longer for the
purpose of acquiring jurisdiction but for compliance with the
requirements of due process. Philippine Commercial International Bank vs.
Alejandro, 533 SCRA 738.
Where the defendant is a resident who is temporarily out of the Philip pines,
attachment of his/her property in an action in personam is not always necessary in
order for the court to acquire jurisdiction to hear the case. Id.
Substituted service of summons is the normal mode of service of summons
that will confer jurisdiction on the court over the person of residents temporarily
out of the Philippines; The court may acquire jurisdiction over an action in
personam by mere substituted service without need of attaching the property of
the defendant. Id.
The failure to comply faithfully, strictly and fully with the requirements for
substituted service of summons renders the service of summons ineffective. Air
Materiel Wing Savings and Loan Association, Inc. vs. M anay, 535 SCRA 356.
Requisites before substituted service of summons may be resorted to. Pio-
neer International, Ltd. vs. Guadiz, Jr., 535 SCRA 584.
The statutory requirements of substituted service must be followed strictly,
faithfully, and fully, and any substituted service other than by the statute is
considered ineffective. Id.
Ways of serving summons on a foreign juridical entity. Id.

THIRD-PARTY COMPLAINT
A third-party complaint is actually a complaint independent of and sepa rate
and distinct from the plaintiffs complaint; Trial courts are not especially enjoined
by law to admit a third-party complaint; A defendant has no vested right to file a
third-party complaint. China Banking Corporation us. Padilla, 514 SCRA35.
A counterclaim may be filed only against an opposing party-the filing of a
counterclaim against a third party is not allowed, but the court may order such
party to be brought in as defendant. Maranan us. Manila Banking Corporation, 519
SCRA 572.
The bringing of a third-party is proper if the latter would be liable to the
plaintiff or to the defendant or both for all or part of the plaintiffs claim against
the orginal defendant, although the third-party defendant's liability arises out of
another transaction. Id.
 VENUE
The rules, as restated in Agbayani, do not lay a distinction that only those
actions for criminal libel lodged by public officers need be filed in the place of
printing and first publication. Chavez vs. Court of Appeals, 514 SCRA 279.
In the case of Garcia Fule v. Court of Appeals (74 SCRA 189 [1976]), we
laid down the doctrinal rule for determining residence as contradistinguished from
domicile of the decedent for purposes of fixing the venue of settlement of his
estate. San Luis vs. San Luis, 514 SCRA 294.
For purpose of fixing venue under the Rules of Court, the residence of a
person is his personal, actual or physical habitation, or actual residence or place of
abode, which may not necessarily be his legal residence or domicile provided he
resides therein with continuity and consistency. Id.
In the absence of qualifying or restrictive words, such as "exclusively" and
"waiving for this purpose any other venue," "shall only" preceding the venue, "to
the exclusion of the other courts," or words of similar import, the stipulation
should be deemed as merely an agreement on an additional forum, not as limiting
venue to the specified place. Auction in Malinta, Inc. us. Luyaben, 515 SCRA569.
In the instant case, the stipulation in the parties' agreement, i.e., "all Court
litigation procedures shall be conducted in the appropriate Courts of Valenzuela
City, Metro Manila" evidently lacks the restrictive and qualifying words that will
limit venue exclusively to the RTC of Valenzuela City. Id.
Venue stipulations in a contract do not, as a rule, supersede the general rule
set forth in Rule 4 of the Revised Rules of Court in the absence of qualifying or
restrictive words. Pacific Consultants International Asia, Inc. us. Schonfeld, 516 SCRA
209.
The venue of real actions affecting properties found in different provinces is
determined by the singularity or plurality of the transactions involving said
parcels of land. United Ouerseas Bank Phils. us. Rosemoore Mining & Deuelopment
Corp., 518 SCRA 123.
The term "resides" connotes ex ui termini "actual residence" as distin guished
from "legal residence or domicile"-in the application of venue statutes and rules,
residence rather than domicile is the significant factor. Ang Kek Chen us. Calasan,
528 SCRA 124.
Art. 360 of the Revised Penal Code does not use the term "domicile" by
"where any of the offended parties actually resides" in providing for venue in the
filing of the criminal case and the civil action for damages. Id.
One may have both a residence and a domicile-one need not abandon one's
domicile to acquire a separate residence, if this separate residence is not intended
to be legal residence as well; For purposes of determining venue, "residence" is
not synonymous with "domicile"-one may reside in a place apart from one's legal
residence, without changing domicile, and that residence would constitute "actual
residence" for purposes of determining venue. Id.
The Court of Appeals and the Supreme Court have original concurrent ju -
risdiction over petitions for certiorari; The rule on hierarchy of courts deter mines
the venue of appeals. Audi AG us. Mejia, 528 SCRA 378.
The general rule on venue of personal actions as in petitioner's complaint
for collection of sum of money, is embodied in Section 2, Rule 4 of the Rules of
Court; Said provision is qualified by Section 4 of the same rule which allows
parties before the filing of the action to validly agree in writing on an exclusive
venue; Forging of a written agreement on an exclusive venue of an action does
not however preclude parties from bringing a case to other venues. Uniwide
Holdings, Inc. us. Cruz, 529 SCRA 664.
The restriction should be strictly construed as relating solely to the
agreement for which the exclusive venue stipulation is embodied. Id.
The Regional Trial Court of the Philippines cannot be considered as an
improper venue. Perkin Elmer Singapore Pte Ltd. us. Dakila Trading Corporation, 530
SCRA 170.
Where the causes of action are between the same parties but pertain to different
venues or jurisdictions, the joinder may be allowed in the Regional Trial Court
provided one of the causes of action falls within the jurisdiction of said court and
the venue lies therein. United Coconut Planters Bank vs. Beluso, 530 SCRA 567.
The proper venue in an action for revival of judgment depends on the de -
termination of whether the present action for revival of judgment is a real action
or a personal action. Infante vs. Aran Builders, Inc., 531 SCRA 123.
The allegations in the complaint for revival of judgment determine whether
it is a real action or a personal action; Where the sole reason for action to revive
is the enforcement of adjudged rights over a piece of property, the action falls
under the category of a real action for which the complaint should be filed with
the Regional Trial Court ofthe place where the realty is located. Id.
The parties may agree to a specific venue which could be in a place where
neither ofthem resides. Universal Robina Corporation vs. Lim, 535 SCRA 95.
A court may not dismiss an action motu proprio on the ground of improper
venue as it is not one of the grounds wherein the court may dismiss an action
motu proprio on the basis of the pleadings. Id.
It is doctrinal that in criminal cases, venue is an essential element of ju -
risdiction, and that the jurisdiction of a court over a criminal case is determined
by the allegations in the complaint or information; The rule that criminal action
be instituted and tried in the court of the territory where the offense was com -
mitted or where any of its essential ingredients occurred is a fundamental
principle, the purpose of which is not to compel the defendant to move to, and
appear in, a different court from that of the province where the crime was
committed as it would cause him great inconvenience in looking for his wit nesses
and other evidence in another place. Campanano, Jr. vs. Datuin, 536 SCRA471.

VERIFICATION
See also Pleadings and Practice.

The purpose of requiring a verification is to secure an assurance that the

allegations of the petition have been made in good faith, or are true and correct,
not merely speculative. Sarmiento vs. Zaratan, 514 SCRA 246.
The veracity of the allegations in a pleading may be affirmed based on ei -
ther one's own personal knowledge or on authentic records, or both, as war ranted.
Hun Hyung Park vs. Eung Won Choi, 515 SCRA 502.

The range of permutation is not left to the pleader's liking, but is depend ent
on the surrounding nature of the allegations which may warrant that a verification
be based purely on personal knowledge, or entirely on authentic records or on
both sources. Id.
Verification is not an empty ritual or a meaningless formality-its import
must never be sacrificed in the name of mere expedience or sheer caprice-for
what is at stake is the matter of verity attested by the sanctity of an oath to secure
an assurance that the allegations in the pleading have been made in good faith, or
are true and correct and not merely speculative. Id.; Sapitan us. JB Line Bicol
Express, Inc., 537 SCRA 230.
A person signing the verification and certification against non-forum
shopping must show to the satisfaction ofthe Court that he had been specifically
authorized to do so. Manila Hotel Employees Association vs. Manila Hotel Corporation,
517 SCRA 349.
A board resolution purporting to authorize a person to sign documents in
behalf of the corporation must explicitly vest such authority, such as the specific
act of signing verifications and certifications against forum shopping. Metropolitan
Cebu Water District (MCWD) vs. Adala, 526 SCRA 465.
The signing of verifications and certifications against forum shopping is not
integral to the act of filing-Rule 13, Section 2 of the Rules of Court merely
defines filing as "the act of presenting the pleading or other paper to the clerk of
court." Id.
Verification is a formal not a jurisdictional requisite; Court may order the
correction of the pleading, if not verified, or act on the unverified pleading if the
attending circumstances are such that a strict compliance with the rule may be
dispensed with in order that the ends of justice may be served. Kimberly Inde-
pendent Labor Union for Solidarity, Activism and Nationalism (KILUSAN)Organized
Labor Associations in Line Industries and Agriculture (OLALlA) us. Court of Appeals, 528
SCRA 45; De los Santos vs. Vda. de Mangubat, 535 SCRA 411.
Court took cognizance in Cauile u. Heirs ofCauile, 400 SCRA 255 (2003), of
a petition although its certification was executed and signed by only one of
several petitioners. Id.
Indirect contempt can be initiated motu proprio by the court itself or by fil ing
a verified petition with full compliance with the requirement therefore. Aquino us.
Ng, 528 SCRA 277.
 The requirement of a verified petition is mandatory. Id.
Under Section 4, Rule 7 of the Rules of Court, a pleading is verified by an
affidavit that the affiant has read the pleading and that the allegations therein are
true and correct of his personal knowledge or based on authentic records mere
belief is insufficient basis and negates the verification; Verification is required to
secure an assurance that the allegations of the petition have been made in good
faith, or are true and correct and not merely speculative. Go vs. Court of Appeals,
531 SCRA 158.

Where there are two petitioners, the verification of the petition and certifi -
cation on non-forum shopping should be signed by both, not by one of them only.
Athena Computers, Inc. vs. Reyes, 532 SCRA 343.
The purpose of requiring a verification is to secure an assurance that the
allegations in the petition have been made in good faith, or are true and correct,
not merely speculative; The requirement is simply a condition affecting the form
of pleadings and non-compliance therewith is neither jurisdictional nor renders
the pleading fatally defective. Guy vs. Asia United Bank, 534 SCRA 703.
The verification requirement is deemed substantially complied with when
some of the parties who undoubtedly have sufficient knowledge and belief to
swear to the truth of the allegations in the petition had signed the same. Linton
Commercial Co., Inc. vs. Hellera, 535 SCRA 434.
A pleading required by the Rules of Court to be verified may be given due
course even without a verification if the circumstances warrant the suspension of
the rules in the interest of justice. Id.
Court has been consistent in stringently enforcing the requirement of veri -
fication and certification of non-forum shopping. Gabriel vs. Court of Appeals, 535
SCRA 569.
The verification requirement is significant as it is intended to secure an
assurance that the allegations in the pleading are true and correct and not the
product of the imagination or a matter of speculation-this requirement is simply a
condition affecting the form of pleadings, and noncompliance with the
requirement does not necessarily render it fatally defective. Toyota Motor Phils.
Corp. Workers Association (TMPCWA) vs. National Labor Relations Commission, 537
SCRA 171.
A petition is deemed to satisfy the formal requirements only with regard to
petitioners who signed the petition but not their co-petitioners who did not sign or
authorize the other petitioners to sign on their behalf-the petition shall be
considered compliant with the formal requirements with respect to the parties
who signed it and, therefore, can be given due course only with regard to them,
while as to the other petitioners who did not sign the verification and certificate
against forum shopping, they cannot be recognized as petitioners and have no
legal standing before the Court. Id.
The Court, under special circumstances and for compelling reasons, sanc -
tioned substantial compliance with the rule on the submission of verification and
certification against non-forum shopping. Ericsson Telecommunications, Inc. us. City
of Pasig, 538 SCRA 99.
The requirement regarding verification of a pleading is formal, not juris -
dictional-it is a condition affecting the form of the pleading, and non compliance
with this requirement does not necessarily render the pleading fatally defective;
Where the authority of counsel to sign the verification and certificate of non-
forum shopping was ratified by the board of the corporation, there is no
circumvention of the objectives of the requirement for a verification. Gordoland
Development Corp. vs. Republic, 538 SCRA 425.

There is substantial compliance with the Rules of Court when there is a

belated submission or filing of the secretary's certificate through a motion for
reconsideration of the Court of Appeals' decision dismissing the petition for
certiorari. Varorient Shipping Co., Inc., us. National Labor Relations Commis sion,
539 SCRA 131.
Where there is commonality of interest, the substantial compliance by one
should likewise redound to the benefit of the other solidary obligors who may
have been independently deficient in the execution of their own requirements. Id.
 WRITS OF EXECUTION
Execution of a judgment can be issued only against a party to the action and
not against one who did not have his day in court. Panotes vs. City Townhouse
Development Corporation, 512 SCRA 269.
If a Labor Arbiter does not issue a writ of execution of the NLRC order for
the reinstatement of an employee even if there is no restraining order, he could
probably be merely observing judicial courtesy, which is advisable "if there is a
strong probability that the issues before the higher court would be rendered moot
and moribund as a result of the continuation of the proceedings in the lower
court." Panuncillo vs. CAP Philippines, Inc., 515 SCRA 323.
If during the pendency of the review no order is issued by the courts en -
joining the execution of a decision of the Labor Arbiter or NLRC which is favor -
able to an employee, the Labor Arbiter or the NLRC must exercise extreme
prudence and observe judicial courtesy when the circumstances so warrant if we
are to heed the injunction of the Court in Philippine Geothermal, Inc. v. NLRC [236
SCRA 371 (1994)]. Id.
A sheriffs duty in the execution of the writ is purely ministerial-he is to
execute the order of the court strictly to the letter and has no discretion whether to
execute the judgment or not. Cebu International Finance Corporation vs. Cabigon, 515
SCRA 616.
Being the final stage in the litigation process, execution of judgments ought
to be carried out speedily and efficiently since judgments left unexecuted or
indefinitely delayed are rendered inutile and the parties prejudiced thereby,
condemnatory of the entire judicial system. De Leon-Dela Cruz vs. Recacho, 527
SCRA622.
A sheriffs act of demanding and receiving money for the execution of a writ
of demolition is a clear violation of the Rules-the Rules require the sheriff to
estimate his expenses in the execution of the decision, and the prevailing party
will then deposit the said amount to the Clerk of Court who will disburse the
amount to the sheriff, subject to liquidation. Id.
The delay of almost ten months in the release of a copy of the writ of exe -
cution bespeaks of a court employee's indifference, which conduct certainly
erodes the people's faith in the judiciary. Id.
The preparation of writs is not among the duties of sheriffs as the author ity
to issue the same resides in judges. Katipunan ng Tinig sa Adhikain, Inc. (KATIHAN)
vs. Maceren, 530 SCRA 395.
It is mandatory for a sheriff to make a return of the writ of execution to the
clerk or judge issuing it within thirty (30) days upon his receipt of the writ. Id.
 The rule on service by registered mail contemplates two situations: (1) ac tual service, the
completeness of which is determined upon receipt by the addressee of the registered mail; and (2)
constructive service, which is deemed complete upon expiration of five (5) days from the date the
addressee received the first notice from the postmaster. Tomawis vs. Tabao-Caudang, 533 SCRA 68.
There is constructive service by registered mail only if there is conclusive proof that a first notice
was duly sent by the postmaster to the addressee and that such first notice had been delivered to and
received by the addressee; Before a writ of execution may issue, there must necessarily be a final
judgment or order that disposes of the action or proceeding. Id.
Be it remembered that in the performance of their duties, courts should not be shackled by stringent
rules which would result in manifest injustice; Indeed, when a case is impressed with public interest, the
Court should relax the application of the rules. Id.
Respondent sheriffs' act of accepting money from the plaintiff without prior court approval of the
estimated expenses, and which amount they spent for their snacks and transportation fares and for the
allowance of the policemen who accompanied them in the implementation of the writ of execution
violates Section 9, Rule 141 of the Rules of Court. Suelto vs. Forniza, 534 SCRA 170.
Respondent sheriff imposed a FINE of Two Thousand Pesos (I?2,000.00) for violation of Section
10, Rule 141 of the Revised Rules of Court. Guilas-Gamis vs. Beltran, 534 SCRA 175.
Well-settled is the rule that there can be no execution until and unless the judgment has become
final and executory, i.e., the period of appeal has lapsed without an appeal having been taken, or, having
been taken, the appeal has been resolved and the records of the case have been returned to the court of
origin, in which event, execution shall issue as a matter of right. Air Materiel Wing Savings and Loan
Association, Inc. vs. Manay, 535 SCRA 356.
It is elementary that strangers to a case are not bound by the judgment rendered by the court and
such judgment is not available as an adjudication either against or in favor of such other person. QBE
Insurance Phils., Inc. vs. Lavina, 536 SCRA 372.
Sheriffs cannot just unilaterally demand and receive money from the par ties-Section 10, Rule 141
of the Rules of Court provides the procedure to be followed. Aranda, Jr. vs. Alvarez, 538 SCRA 162.
Sheriffs are not allowed to receive voluntary payments from parties. Id.
In fact, even reasonableness of the amounts charged, collected and re ceived by the sheriff is not a
defense where the procedure laid down in Section [10], Rule 141 of the Rules of Court has been clearly
ignored-only the payment of sheriffs fees can be lawfully received by the sheriff and the acceptance of
any other amount is improper, even ifit were to be applied for lawful purposes. Id.
Demanding and receiving money in excess of the fees allowed by the Rules constitute dishonesty,
grave misconduct, and conduct prejudicial to the best interest of the service. Id.

An independent action for damages based on the implementation of a writ of execution cannot be
sustained-the court which rendered the judgment has control over the processes of execution, a power
which carries with it the right to determine every question of fact and law which may be involved in the
execu tion. Collado us. Heirs of Alejandro Triunfante, Sr., 538 SCRA 404.
The damages sustained by a party as a result of the enforcement of a writ of execution should be
raised as a claim in an appeal from the decision of the Municipal Trial Court (MTC). Id.
It is mandatory for the sheriff to execute the judgment and make a return on the writ of execution
within the period provided by the Rules of Court. Gonzales us. Cerenio, 539 SCRA 320.
The reason for the rule that an order for the issuance of a writ of execution is ordinarily not
appealable is that the merits of the case should not be delved into anew after a determination has been
made thereon with finality. Diamond Builders Conglomeration us. Country Bankers Insurance Corporation, 540
SCRA 194.
Where the execution is not in harmony with the judgment which gives it life and exceeds it, it has
pro tanto no validity. KKK Foundation, Inc. us. Calderon-Bargas, 541 SCRA 432.

WRITS OF POSSESSION
A writ of possession may be issued under the following instances: 1) land registration proceedings
under Sec. 17 of Act No. 496; 2) judicial foreclosure, provided the debtor is in possession of the
mortgaged realty and no third person, not a party to the foreclosure suit, had intervened; and 3)
extrajudicial foreclo sure of a real estate mortgage under Sec. 7 of Act No. 3135 as amended by Act No.
4118. Mendoza us. Salinas, 514 SCRA 414.
A writ of possession may be issued not only against the person who has been defeated in a
registration case but also against anyone unlawfully and adversely occupying the land or any portion
thereof during the land registration proceedings up to the issuance of the final decree and it is the duty of
the registration court to issue said writ when asked for by the successful claimant. Id.
It was ruled that a writ of possession may be issued only pursuant to a de cree of registration in an
original land registration proceedings, it cannot issue against possessors under claim of ownership, as
actual possession under claim of ownership raises a disputable presumption of ownership, and the true
owner must resort to judicial process for the recovery of the property, not summarily through a motion for
the issuance of a writ of possession. Id.
A writ of possession does not lie as a consequence of a decision ordering the execution of a contract
of sale/contract to sell. Maglente us. Baltazar-Padilla, 517 SCRA 643.

A writ of possession complements the writ of execution only when the right of possession or
ownership has been validly determined in a case directly
relating to either. Id. '
A writ of possession is a writ of execution employed to enforce a judgment to recover the possession
of land; Under Section 7 of Act No. 3135, the writ of possession may be issued to the purchaser in a
foreclosure sale either within the one-year redemption period upon the filing of a bond or after the lapse of
the redemption period without need of a bond. LZK Holdings and Development Corp. vs. Planters Development
Bank, 522 SCRA 731.
The duty of the trial court to grant a writ of possession is ministerial; Any question regarding the
regularity and validity of the sale as well as the conse quent cancellation of the writ is to be determined in a
subsequent proceeding as outlined in Section 8 of Act No. 3135. Id.
Injunction disallowed to prohibit its issuance and may not be stayed by a pending action for
annulment of mortgage or the foreclosure itself. Id.
A writ of possession may also be issued after consolidation of ownership of the property in the name
of the purchaser. I d.
Until the foreclosure sale of the property in question is annulled by a court of competent jurisdiction,
petitioner is bereft of valid title and of the right to prevent the issuance of a writ of possession to
respondent. Id.
Any question regarding the validity of the mortgage or its foreclosure can not be a legal ground for
refusing the issuance of a writ of possession regardless of whether or not there is a pending suit for
annulment of the mort gage or the foreclosure itself, the purchaser is entitled to a writ of possession,
without prejudice of course to the eventual outcome of the said case. Jetri Construction Corporation vs. Bank
of the Philippine Islands, 524 SCRA 522.
An order for the issuance of the writ of possession is simply an incident in the transfer of title in the
name of the buyer-such order cannot be said to be a judgment on the merits, i.e., one rendered after a
consideration of the evidence or stipulations submitted by the parties at the trial of the case. Dayot vs. Shell
Chemical (Phils.), Inc., 525 SCRA 535.
The obligation of a court to issue a writ of possession in favor of the pur chaser in an extrajudicial
foreclosure sale of a mortgaged property ceases to be ministerial once it is shown that there is a third party
in possession of the property who is claiming a right adverse to that of the mortgagor and that such third
party is a stranger to the foreclosure proceedings in which the ex parte writ of possession was applied for.
Id.
A writ of possession is an order whereby the sheriff is commanded to place a person in possession of
a real or personal property. Oliveros vs. Presiding Judge, RTC, Br. 24, Bifian, Laguna, 532 SCRA 109.
The proceeding in a petition for a writ of possession is ex parte and sum mary in nature-it is a
proceeding wherein relief is granted without giving the person against whom the relief is sought an
opportunity to be heard. Id.
A proceeding for a writ of possession is not strictly speaking a judicial process as contemplated in Article
433 of the Civil Code-the law does not require that a petition for a writ of possession may be granted only
after docu mentary and testimonial evidence shall have been offered to and admitted by the court. Id.
A writ of possession is a writ of execution commanding the sheriff to enter the land and give
possession thereof to the person entitled under the judgment. Maliwat us. Metropolitan Bank & Trust
Company, 532 SCRA 124.
Under Section 7 of Act No. 3135, as amended, the order for a writ of pos session issues as a matter
of course upon the filing of the proper motion and the approval ofthe corresponding bond-no discretion is
left to the court. Id.
An injunction to prohibit the issuance of a writ of possession is utterly out of place. Id.
The pendency of a civil case for annulment of foreclosure sale is not a suf ficient ground to deny the
issuance of a writ of possession-the motion for issuance of a writ of possession can proceed independently
and its issuance does not bar a separate case for annulment of mortgage and foreclosure sale. Carlos us.
Court of Appeals, 537 SCRA 247.
The law expressly authorizes the purchaser to petition for a writ of posses sion by filing an ex parte
motion; The ex parte nature of the proceeding does not deny due process to the mortgagor because the
issuance of the writ of possession does not bar a separate case for annulment of mortgage and foreclosure
sale. Id.
A writ of possession is an order enforcing a judgment to allow a person's recovery of possession of
real or personal property. Saguan us. Philippine Bank of Communications, 538 SCRA 390.
Within the redemption period the purchaser in a foreclosure sale may ap ply for a writ of possession
by filing for that purpose an ex parte motion under oath, in the corresponding registration or cadastral
proceeding in the case of property covered by a Torrens title. Id.
After the lapse of the redemption period, a writ of possession may be is sued in favor of the
purchaser in a foreclosure sale as the mortgagor is now considered to have lost interest over the foreclosed
property. Id.
We emphasize that the proceeding in a petition for a writ of possession is ex parte and summary in
nature. It is a judicial proceeding brought for the benefit of one party only and without need of notice to
any person claiming an adverse interest. Id.
An ex parte petition for the issuance of a writ of possession under Section 7 of Act No. 3135 is not,
strictly speaking, a "judicial process" as contemplated in Article 433 of the Civil Code-it is a judicial
proceeding for the enforcement of one's right of possession as purchaser in a foreclosure sale, not an
ordinary suit filed in court, by which one party "sues another for the enforcement of a wrong or protection
of a right, or the prevention or redress of a wrong." Rayo us. Metropolitan Bank and Trust Company, 539
SCRA 571.
The issuance of the writ of possession being a ministerial function, and summary in nature, it cannot
be said to be a judgment on the merits-it is only an incident in the transfer of title-hence, a separate case
for annulment of mortgage and foreclosure sale cannot be barred by litis pendentia or res judi cata.ld.