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CIVIL PROCEDURE-JURISDICTION Substantive laws: Constitution Judiciary Reorganization Act of 1980 (BP 129), JudiciaryReorganization Act of 1948, and their amendatory laws Phils has integrated judicial system, with the Supreme Court being the only Constitutional Court. The jurisdiction of the Supreme Court is given in the Constitution, not in BP 129. Mentioned also in JA 1948 The repealing clause of BP 129 only repealed the provisions of the JA 1948, which are inconsistent with its provisions. No conflict between them coz BP 129 speaks nothing about jurisdiction of the SC. Jurisdiction in Consti, JA 1948&1980 is classified into original, appellate and concurrent. One of the purposes why BP 129 was enacted is, to do away with concurrent jurisdiction. But it still applies. o Ex.Under the Consti, SC exercises original jurisdiction over public ministers and consuls. But BP 129 grants the same to RTCs. Since Consti does not use the word exclusive, both courts exercise concurrent jurisdiction. o Vesting of the Consti unto the SC of original jurisdiction over certiorari, prohibition, mandamus, quo warranto and habeas corpus cases. BP 129 grants to the Court of Appeals original jurisdic tion over the same cases WON in aid of its appellate jurisdiction. o So, three courts have original jurisdiction over CPMQH cases, the SC, CA and RTC. They exercise original and concurrent J. Principle on the Hierarchy of Courts- petitioner should first file with the RTC or CA before resorting to SC although it has original jurisdiction over the same petition, as not to overwhelm it. Appellate jurisdiction of SC. Consti does not mention that this is exclusive, unlike JA 1948. It is simply SCs appellate jurisdiction. There is nothing wrong if CA decides to take cases brought to it on appeal. After all, the decisions of CA can still be reviewed by SC through a petition for review on certiorari under Rule 45. BP 129-original and exclusive, when it comes to the authority of CA to annul judgments of RTC. But it does not follow that CA can also annul the judgment rendered by MTC. A petition to annul a judgment rendered by trial courts to CA is limited to judgments rendered by the RTC. It does not extend to annulment of judgments rendered by an inferior court,by the MTC. MTC is not immune from annulment. The annulment of judgment rendered by an inferior court (MTC), is cognizable by RTC. BP 12 does not expressly say that RTC is a court of general jurisdiction. But it mentions that RTC shall have exclusive original jurisdiction over all cases and issues allocated especially to other courts. This is the justification for considering that RTV is a court of general jurisdiction. SC cannot be considered as a court of a general jurisdiction, it is rather, a court of limited jurisdiction, like CA, the MTC. Only the RTC is court of general jurisdiction because of the vesting of allocation of authority to it. No similar vested to the latter. It is jurisdiction over the subject matter or the nature of the action that is a matter of substantive law. But when it comes to the jurisdiction. Over the person of the parties, the person of the plaintiff, the person of the defendant, the res, or the issues, these aspects of jurisdiction are no longer substantive in character. They are purely procedural. Like CA and SC, the RTCalso exercise original and appellate jurisdiction. There is only on court in our judicial system there which exercises plainly original jurisdiction - that is, the Municipal Trial Court or Metropolitan Trial Court. There is no lower court than it, so it cannot be allocated appellate jurisdiction power to review decisions rendered by other courts. The appellate jurisdiction of CA is generally broader than the SC. Follow first instinct, the proper appellate court is CA.
Regional Trial Court Its original jurisdiction is divided by BP 129 into two parts: purely original jurisdiction, and the original and exclusive jurisdiction. When it comes to purely original jurisdiction, is limited to cases of CPMQH and its original jurisdiction over cases involving ambassadors, public ministers and consuls. It is in the exercise of original and exclusive jurisdiction where BP 129 enumerates several instances cognizable by the Regional Trial Court. RTC: Cases which are incapable of pecuniary estimation: SC jurisprudence: if the recovery of money is only incidental to the relief that is prayed for in the complaint, that action is not capable of pecuniary estimation. o Ex. A complaint for specific performance plus a prayer for recovery of damages. There is a prayer for recovery of damages, but it is not the principal relief that is sought by the plaintiff. But there are instances where the recovery of money is the principal relief that is sought in the complaint or the petition, and yet the case is classified as one which is not capable of pecuniary estimation.. o Ex. In an expropriation proceedings or eminent domain, payment of just compensation is one of the principal reliefs that will be sought by petitioner. o Foreclosure of real estate mortgage, to recover unpaid loan from a contract upon which mortagage was based. The complaint foreclosure of mortgage will always carry with it a relief for the payment of the loan. These actions are considered as incapable of pecuniary estimation, BECAUSE, there is another principal issue that is involved. And this other principal issue must first be decided before the recovery of money, which is another principal issue to be resolved by the Court. o In foreclosure of mortgage, the first principal issue that should first be resolved by the Court is WON mortgagee has the right to foreclose.This is not capable of pecuniary estimation. o In expropriation proceedings, ,WON plaintiff has the right to expropriate. IPE. If an action possesses several characteristics, that, the issue is one that is not capable of pecuniary estimation but it is also simultaneously a real action, it is always cognizable by the RTC. That feature of incapable of pecuniary estimation will always prevail over the other characteristics of the action being a real action. That is the reason why foreclosure of real estate mortgage or expropriation of real property will always be cognizable by the RTC. We do not factor in the assessed value of the property in ascertaining the jurisdiction of courts. Role of Assessed value determining jurisdiction of properties in
Principle of Ancillary Jurisdiction o Complaint for the recovery of P150T. The case is cognizable by an inferior court. During the trial, the plaintiff presents evidence to show that he is entitled not only to P150,000, but to P700,000. Can the inferior court give an award of P700,000? o NO. Because the inferior court will be violation its limited jurisdiction. The jurisdiction of the inferior court is limited toeither P200,000 or P400,000. When the case is before an inferior court and the amount tobe awarded goes beyond the jurisdictional amount given in BP 129, the court cannot give the award, since this decision will be null and void.
Bar Notes on Civil Procedure (Dean J) Zyra C. 3. Original- excercised by courts in the first instance 4. Appellate- excercised by a superior court to review 5. 6.
and decide cases previously decided by a lower court now elevated for judicial review. Exclusive- confined to a particular court to the exclusion of others. Concurrent- pertaining to different courts over the same subject matter at the same time and place. The first court which validly acquired jurisdiction takes it to the exclusion of others. 1. 2. 3. CA in petitions for C, P and M against the RTC, Civil Service Comm, Central Board of Assessment Appeals, NLRC, Quasi-judicial agencies CA & RTC in petitions for C, P, M, Q and H against lower courts and bodies RTC in cases affecting ambassadors, public ministers and consuls
Remember that the SC is not a trier of facts, which means that passing upon a factual issue is not within its province. Also, it is not its function to determine the weight of the evidence supporting the assailed decision. However, factual issues may be delved into and resolved where the findings and conclusions of the trial court or the quasi-judicial bodies are frontally inconsistent with the findings of the CA. JURISDICTION of the SUPREME COURT According to Sec. 5 Article 8 of 1987 Consti (1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: (a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is involved. (3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. (6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. Exclusive Original Jurisdiction of SC: In petitions for C, P and M against CA, COMELEC, COA, CTA and the Sandiganbayan Concurrent Original Jurisdiction of SC w/: (subject to the principle of Hierarchy of Courts, meanung a higher court will not entertain direct resort to it unless the redress desired cannot be obtained in the appropriate courts)
Appellate Jurisdiction by way of petition for review on certiorari (see Consti) What is the jurisdiction of the SC as provided in BP 129? -None coz the jurisdiction of the SC is provided in the Consti, not BP 129. -Jurisdiction of SC is also provided for in JA of 1948 -This was not repealed coz its provisions are not inconsistent with Consti, thus its provisions are still in effect JURISDICTION of the RTC Exclusive Original Jurisdiction (1) In all civil actions in which the subject of the litigation is incapable of pecuniary estimation; (2) In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds P20T or, for civil actions in Metro Manila, where such value exceeds P50T except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the MTCs; (accion reinvidicatoria) (3) In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds P300T or, in Metro Manila, where such demand or claim exceeds P400T; (4) In all matters of probate, both testate and intestate, where the gross value of the estate exceeds P300T or, in probate matters in Metro Manila, where such gross value exceeds P400T; (5) In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; (this is the general jurisdiction of RTC) (6) In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and (7) In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses, and costs or the value of the property in controversy exceeds P300T or, in such other cases in Metro Manila, where the demand exclusive of the abovementioned items exceeds P400T. (8) In all cases enumerated under Sec. 5.2 of the Securities Regulation Code (intra-corporate controversies) Original Jurisdiction Those 2 mentioned after, only that, RTC may issue petitions of injunctions, but in issuing CPMHQI, which can be enforced in any part of their respective regions Concurrent & Original Jurisdiction w/ 1. SC in actions affecting ambassadors, other public ministers and consuls 2. SC & CA in petitions for CPMQH against lower courts, not including injunctions because these are issued by the RTC excercising its territorial jurisdiction Appellate Jurisdiction Over cases decided by lower courts in their respective territorial jurisdictions. Not ALL inferior
substantive rights given by substantive law. The rules on civil actions that took effect on 1 July 1997. Before 1997, we had the RC which took effect on 1 January 1964. Before 1 January 1964, we had the RC which took effect on 1 July 1940. So between 1940 and 1964, we had the same set of procedural rules. With regard to the 1997 Rules on Civil Procedure, do they cover all civil actions filed after 1997 effectivity? Yes, because there was prospective application.
5. 6. 7.
Classification of Actions (Cases governed) Rule 1, Sec. 3 Criminal actions, civil actions, and special proceedings. Civil action-one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong Special civil actions-those not governed by the rules on ordinary civil actions Special proceedings-a remedy by which a party seeks to establish a status, a right or a particular fact How many parts are there in the RC? 5- Civil Procedure, Criminal Procedure, Special Proceedings, Evidence, Legal Ethics
Sub-classifications An action quasi-in rem- to distinguish it from an action which is pure in re, and an action which is purely in personam. Mixed actions- when an action vests the char acteristics of personal and real actions
Is it important for a litigant to know the classification of his action? Yes. If the action under real or personal, diff rules on venue should have to be applied. If the action is in rem or in personam, the effect of the judgment will be diff. Can an action be in rem and a personal action at the same time? Yes. Real and personal action are based on their privity to the kind of property involved. When it comes to in rem or in personam, the basis of classifying these actions is the binding effect of the judgment. If the judgment will bind anybody who has an interest in the case, then the action is one that is in rem. If it is purely in personal, the binding effect of the judgment is limited only to the parties involved or the successors in interest. How do we classify an action for the recovery of real property (that is accion reinvidicatoria)? It is a real action because it involves title to or possession of real property. Accion reinvidicatoria, although it is a real action, is an action in personam. When the action involves real property, title to or possession of real property, it is always a real action. But it does not mean to say that it is an action in rem, because the judgment in an accion reinvidicatoria will bind only the plaintiff and the defendant and their successors in interest. o Accion reinvidicatoria is filed by A against B, for the recovery of title to a piece of land. Judgment is rendered in favor of the plaintiff as the owner of the land. Judgment is now final and executory. So A is now the owner of the land. Later on, can X, a third party, file a complaint against A for the recovery of the ownership of that same land? o YES, because X is not bound by the judgment in the first case between A and B. Not all actions involving title to or possession of real property are actions in rem. Only land registration or cadastral proceeding. If an action or a proceeding involves personal property; Could it also be an action in rem? Yes. o The intestate proceeding or the settlement of the estate of a deceased personm because the Civil Code says that an action for the probate of a will binds anybody that has an interest in the estate of the decedent. But if the estate of the decedent consists only of personal property, that action in rem should be classified as a personal action because it does not involve title to or possession of real property. Even if an action has been classified as in rem or in personam, they could still be further classified as real or personal action depending on the nature of the property.
Actions in rem/quasi-in rem converted to action in personam Will it make a difference if this action is classified as in rem or quasi-in rem or it is now classified again as an action in personam? YES, If the defendant answers and therefore the case are converted from quasiin rem to in personam, the court can render a judgment that will direct the defendant to pay the obligation as proven by the plaintiff. When the action remains to be quasi-in rem, the jurisdiction of the court is limited only to the property that has been attached, so the jurisdiction of the court is limited to awarding to theplaintiff the value of the attached properties. But if the defendant appears or files an answer, the jurisdiction of the court will extend to the person of the defendant and, therefore, the court can render a judgment directing the defendant to pay the entirety of the claim. Commencement of Action, Rule 1, Sec. 5 The rule is very clear, that an action is commenced by the filing of the original complaint. If the complaint is later on amended under Rule 10, commencement is always reckoned from the filing of the original complaint. When an additional defendant is impleaded Same; Rules on prescription in so far as the additional defendant is concerned, counted from the time that the amended complaint is filed by the plaintiff. Payment of Docket Fees Even if a complaint has been filed a court will not be able to acquire jurisdiction over the case if the docket fees have not been paid. But in subsequent rulings, if there is failure to pay the correct docket fees, as long as the plaintiff pays the correct docket fees within the prescriptive period, the court will acquire jurisdiction.
RULE 2- CAUSE OF ACTION & RULE 3- PARTIES TO A CIVIL ACTION Basis of Ordinary Civil Action- Rule 2, Section 1 Before a plaintiff files a case in court, the natural assumption is that the plaintiff has a grievance against the defendant. A person will not go to court and sue somebody else unless this person feels that his right has been violated by this other person, and this situation gives rise to the concept of a causeof action. There is a classification of civil actions into ordinary and special civil actions. For every ordinary civil action there must be a cause of action. Does it mean to say that when the action is a special civil action there is no longer a need for a cause of action? No. There are certain special civil
Actions in rem and in personam Important in ascertaining WON jurisdiction could be obtained by the court after publication of summons If an action starts as an action in personam, will it remain to be in personam throughout the life of the case? No, depending on the conduct of the plaintiff How could we convert this action in personam into an action in rem or quasi-in rem? Preliminary
Do we apply the same principle to the other special civil actions? NO. Another special civil action is forcible entry and unlawful detainer, where the plaintiff cannot file a complaint unless he alleges the plaintiff alleges that he has a rightto possess the property and that this right has been violated by the defendant. So in the existence of a cause of action, if the civil action is an ordinary civil action there must always be a cause of action, otherwise the complaint is going to be dismissed under Rule 16. Failure to allege a cause of action is one of the grounds for the dismissal of a civil case. But when the civil action is a special civil action there may or may not be a need for the existence of a cause of action.
Cause of Action defined- Rule 2, Sec. 2 Is it necessary that the plaintiff wait for the actual violation of his right before he can file a complaint in court? NO. Relate the definition of a cause of action to that in Rules 1&2. In Rule 1 an action is defined as one filed in court for the protection or enforcement of a right or the prevention or redress of a wrong. So even before a wrong is committed, as long as there is a threat to violate the right of the plaintiff, the plaintiff can now go ahead and file a complaint in court. One of the purposes of a civil action is to prevent the commission of a wrong that will violate the right of the plaintiff. o A complaint for injunction. The plaintiff will allege that the defendant is threatening to violate his right. The cause of action consist really of two essentials: (1) the existence of a right, (2) the violation or a threat to violate the right. Is it necessary or is it essential for the plaintiff also to allege that as a result of the violation of his right, that he has suffered damages? NO. The Rules only require that there is a right and that this right has been violated. In the Civil Code, for breach of contract the remedy suggested is specific performance or rescission of contract with damages in either case. It does not say that he must always accompany his claim for the payment of damages that is left entirely to the discretion of the right holder. If these two essentials are present in the complaint, is it possible that this complaint does not adequately allege cause of action? YES. Because under our present Rules there are several conditions precedent required by these Rules before a cause of action could accrue. o Prior barangay conciliation, Arbitration clause in contracts, Certificate of non-forum shopping, and requirement in the Civil Code that if the litigation is between members of the same family, earnest efforts towards a compromise must have been made before going to the court. Prior Barangay Conciliation If a case is covered by prior barangay conciliation and there is no allegation that this condition precedent has been satisfied, the absence of the allegation does not deprive the court of jurisdiction.
Bar Notes on Civil Procedure (Dean J) Zyra C. several causes of action and, therefore, if there are If the creditor files one complaint against debtor
several causes of action there is plurality of parties involved, but the causes of actionarise out of the same transaction or a series of transactions. o Flores vs. Mallari-Philipps. There was a dealer of tires. In one transaction, he sold different tires to A and then in a separate transaction he sold another set of tires to B. Both A and B failed to pay their respective obligations. What the dealer did was to file one complaint against A and B for the recovery of their respective obligations. o Was there proper joinder of parties? NO, because even if the contracts entered into were contracts of sale, the contracts were totally unrelated to one another. The parties misjoined will have to be separated by the court in trying the case.
#1 for the recovery of P500T, will he be precluded later on from filing another complaint for the recovery of the other P500T from d#2? NO, because he has two causes of action. His cause of action against d#1 is entirely different from his cause of action to recover the claim against d#2. So, in this situation, both debtors #1 and #2 are indispensable parties, of course, together with the creditor/plaintiff.
No such thing as non-joinder of causes There is misjoinder of causes but there is no such thing as non-joinder of causes Compulsory joinder of indispensable parties- Rule 3, Sec. 7 There is no non-joinder of causes of action? Well, the reason is that joinder of causes of action is purely permissive on the part of the plaintiff. If the plaintiff does not want to join his causes of action, nobody can forcehim to. He can file one complaint for every cause of action that he may have. But there could be misjoinder of parties, there could be non-joinder of parties because of another procedural principle that is compulsory joinder of indispensable parties. If a litigant is guilty of violating this rule on nonjoinder of indispensable parties, the sanction that could be imposed by the court is dismissal of the complaint. The reason for the dismissal is not violation of compulsory joinder of parties but failure to state a cause of action. Necessary Party-Rule 3, Sec. 8 Where there is a plurality of plaintiffs and defendants, the idea of indispensable parties and necessary parties will come in. o In a contract of sale, if there is just one lender and there is just one borrower, they are both indispensable parties. It is impossible for the lender to file a complaint for recovery of the loan without impleading the borrower. But if there is one lender and there are two borrowers, then , there is a possibility to apply the concept of necessary/proper parties.
Solidary debtors under the Civil Code in relation to indispensable parties In a solidary relationship in the Civil Code, the law says that anyone of the debtors can be compelled to pay the whole bligation. So the plaintiff can file conceivably a complaint against debtor #1 to recover P1M. Under this concept, the creditor remains to be an indispensable party. One of the two solidary debtors will also be an indispensable party because the case cannot be decided unless one of the solidary debtors is impleaded as a defendant. Could we consider debtor #2, who has been left out, as an indispensable party? NO. Even if only one solidary debtor has been impleaded in the complaint, the Civil Code allows recovery of the entirety of the claim against this solidary debtor. Will that make the other solidary debtor that is d#2, as aproper or necessary party? He is neither since the recovery of the whole P1M could be have in the same complaint filed against d#1. Parties in interest- Rule 3, Sec.2 Representatives as Parties-Rule 3, Sec.3 There are other parties mentioned in Rule 3, like representative parties and pro forma or quasiparties. Who are the representative parties? 1. Trustee of an express trust 2. Guardian of a ward 3. Executor or administrator of estate of a deceased Before 1997, it was enough for the plaintiff to implead only the representative party. But under the present rules, it is mandatory for the plaintiff to implead the representative party together with the real party in interest. If there is violation of this rule, the court can compel the plaintiff to amend his complaint so that the identification of the real party in interest could be obtained. If the plaintiff ignores this order, the court could dismiss the complaint. BUT this will be founded on Rule 17 that is dismissal for failure of a party to obey an order of the court or RC- it is a dismissal with prejudice. It will amount to res judicata. Agent, WON a real party-in-interest Both under the Civil Code and the Rules of Court, if the a gent has acted for a principal who is disclosed, the agent is not a real party in interest. But if the agent has acted in his own name and his principal is undisclosed, he is a real party in interest. Supposing the plaintiff files a case against the agent without including the principal, is the complaint defective? YES, because it has not been filed against the real party in interest, there is no cause of action. If the decision becomes final and executory, can the principal be compelled later on to pay the purchase price? NO, because the principal has been impleaded in the complaint. The party who has been impleaded in the complaint is only the agent and the agent is not the real party in interest, the judgment cannot be imposed Can not the court motu propio dismiss a complaint if the court discovers that a real party in interest or an indispensable party has not been impleaded?
Indispensable party Under the Rules, a party is indispensable if his absence will not justify the court from trying and adjudicating the case. If a complaint is filed with a n indispensable party, as we said, the case should be dismissed for failure to state a cause of action. Supposing the court does not dismiss the case for failure to state a cause of action because the defending party does not file the correlative motion, can the court go ahead to try and decide the case? YES. But the decision will never become final and executory. Lender is an indispensable party: He is the only one who could file the complaint for the recovery of the loan; under the Civil Code, they are joint debtors. How many causes of actiondoes the creditor/plaintiff have if his debtors are joint debtors? He has two. There is an application of the principle of joinder of causes of action; at the same time, an application of the rule on joinder of parties.
Failure to state a cause of action-ground for dismissal where an action has been filed, against a person in violation of RULE 3 The term real party in interest is a generic term. An indispensable party and a necessary party is always the real party in interest. BUT a real party in interest is not necessarily an indispensable party, nor a necessary party. Is there a conflict between Sections 7 and 11 of Rule 3? In section 7 of Rule 3, there is a requirement for the compulsory joinder of indispensable parties. The rule uses the word compulsory, meaning to say that if an indispensable party is not impleaded in the civil case that complaint isdefective. Section 11 of Rule 3, provides that non-joinder of parties or misjoinder of parties is not a ground for the dismissal of the case. One section says that indispensable parties must be joined while the other section provides that nonjoinder of parties is not a ground for dismissal. Unwilling co-plaintiff The general assumption is that in a civil case, the plaintiff is the right holder and the defendant is the person who has violated the right of the plaintiff. It is possible that the defending party has an interest that is consistent with the interest of the plaintiff-this is is a case where the plaintiff impleads as a defendant an unwilling co-plaintiff. An unwilling co-plaintiff, which means to say that he has done nothing wrong in so far as the plaintiff is concerned. He is impleaded because cannot be compelled to act as a plaintiff, only to bring him under the jurisdiction of the court All defendants are unwilling so theres no such thing as an unwilling co-defendant. An unwilling co-plaintiff does not have to file a responsive pleading, if he chooses to file an answer he can also file a counterclaim against the plaintiff. There is no preclusion, there is no prohibition from this unwilling co-plaintiff playing the role of a defendant and setting up his own defenses, setting up his claims againstthe plaintiff to the case. Amendment of the pleadings to include an indispensable party If an indispensable party is not impleaded, the defendant can ask for the dismissal of the complaint founded on the ground that the complaint fails to state a cause of action. The court can properly deny a motion to dismiss even if it is convinced that an indispensable party has not been impleaded. Under Rule 16 when a motion to dismiss is submitted to the court for resolution, there are three options given to the court: 1. grant the motion 2. deny the notion 3. or require an amendment to the pleading
Complaint cannot be dismissed for non-joinder of necessary parties Compulsory joinder is limited to indispensable parties. The rule does not tell us that when it comes to a necessary party the joinder is compulsory. So even if a necessary party is not impleaded the complaint cannot be dismissed. The reason is section 11, non-joinder of parties is not a ground for dismissal. But there is a special requirement when it comes to the non-inclusion of a necessary party. The rule says that if a complaint is filed without impleading a necessary party, the pleader must state in the complaint who the necessary party is and why he has not been impleaded. It isnow up to the court to determine WON to order the inclusion of that necessary party. If the court so orders the inclusion of the necessary party, but the plaintiff disobeys the order of the court, can the defendant now resort to Rule 17,that is ask for the dismissal of the complaint because of the failure of the plaintiff to obey the order of the court? NO. In Rule 3 itself, there is already a sanction provided for disobedience to an order of the court for the inclusion of a necessary party, which is that the claim against the necessary party is deemed waived. There is just a waiver of a claim against the necessary party. But the complaint itself will not be dismissed. The complaint itself will be tried and decided by the court. Minor or incompetent persons- Rule 3, Sec.5 If a minor is impleaded is a real party in interest, the complaint should be accompanied by a prayeror a motion for the appointment of a guardian ad litem. A guardian ad litem, which is an incident or collateral to the main action itself is something that even inferior courts possess the authority to do so. Class suit-Rule 3, Sec. 12 vs. Sec.6 A situation in Rule 3 that has some similarity to joinder of parties thatis permissive joinder of parties in Rule 6 is a provision on a class suit. In permissive joinder of parties we are assuming that there are two or more causes of action that are joined in one complaint and there are plural parties who could claim or defend these various causes of action. In a class suit we also have plural parties. In fact the law requires that the parties are so numerous that it is not practicable to bring them all before the court. But in a class suit there is just one cause of action. There is community of interest among several persons who are so numerous that it is not practicable to bring them all before the court. o The owner of a piece of land visited his property one morning only to discover that his property has been possessed by almost one thousand families. There are squatters. Can the owner file a class suit for unlawful detainer or forcible entry or accion publiciana against a number of the squatter families? If he files one complaint against only a number of the squatter families that is he will sue the squatter families by way of a class suit, he will not be impleading all the squatter families, because in a
So in this situation the court can adopt the third option, deny the motion but require the amendment to the pleading, so that the indispensable party would be impleaded.
Rule 17 as another ground for dismissal vs. Rule 16 Failure to state a cause of action If the court requires that the indispensable party be impleaded but still the plaintiff ignores the order of the court, what can the adverse party do? The adverse party can now resort to Rule 17 that is file once more a motion to dismiss this time not
Community of interests-first essential requirement in a class suit According to SC the situation does not meet the first essential requirement. There is no community interest among the several defendants because each squatter family is interested only in protecting the area that he actually occupies. So the interest of squatter number one is different from the interest of squatter number two because each of these families are occupying their own individualportions of that property, so there is no community interest in this situation. To SC, this could be a proper instance where joint permissive joinder of parties could be held because although the interests of the squatters differ from one another there is acommon question of law or fact that will be presented in the case. Supposing the lawyer of the plaintiff suggests that the plaintiff should file one thousand complaints that is one complaint for each squatter family, is that also feasible? YES. Will he be required to be attending one thousand trials at any given time? NO. The lawyer can easily avail of the rule on consolidation of cases.
Case in point: Oposa vs. Factoran A community filed a class suit for the protection of their environment. Atty. Oposa cited as members of the class, minors and even as those who were yet unborn. SC allowed this class suit to be instituted, saying that it is only essential that there must be community of interests among the members of a class. Derivative suit; intervention is a matter of right in a class suit; Alternative Defendants-Rule 3, Sec.13 A derivative suit-this is one instance where intervention is a matter of right. Intervention in R 19 is a matter of discretion on the part of the court. The court may or may not allow a petition for intervention, but when it comes to a class suit any member of the class has the right to intervene in other words the court, the trial court is not given the discretion whether or not to admit an intervention that is submitted by a member of a class when the action is considered as a class suit. In Rule 3 also, we meet the terms alternative defendants. The situation is simply on e where the plaintiff has a right that has been violated but at the time of the filing of the complaint he is not sure as to who, between two or more persons has violated the right and who should be held liable for the violation. Could a decision of a court be in the alternative? Since Rule 3 allows defendants to be sued in the alternative, can the plaintiff also file a complaint with causes of action in the alternative? YES. Rule 2, which is section 5 it is clearly provided that in one complaint several causes of action may joined in the alternative or otherwise. If there could be alternative causes of action, could there be alternative defenses? YES. This is expressly allowed in Rule 8, there could be alternative causes and defenses. Could a decision of the court be in the alternative? YES. The last section of Rule 60 allows a court to render a judgment in the alternative, that is the
Action on contractual money claims in relation to Rules 39, 86 and 88-Rule 3, Sec. 20 If the plaintiff eventually prevails that is the decision is rendered in favor ofthe plaintiff, and the decision becomes final and executory, can the plaintiffcreditor avail of Rule 39? Can the creditor compel the estate of the deceased defendant through the executor or administrator to pay the obligation, or if thereis no payment, can the plaintiff-creditor levy on properties of the deceased person? NO. The claim of the creditor supported by a final and executory judgment will simply be submitted to the settlement court. But it cannot be executed, meaning to say that the creditor cannot levy on properties of the deceased judgment debtor for the purpose of satisfying his claim. The only instance where there could be a sale at public auction of properties of the deceased judgment obligor is when the death of the defendant comes after a levy has been made. If a levy has been made, that is, the assumption is of course the judgment has become final andexecutory. But if no levy has been carried out before the death then the claim of the creditor even if it is supported by a final and executory judgment will not be paid. But if the judgment is for the recovery of property real or personal, the judgment will still be executed notwithstanding the death of the defendant. The earlier applies only when the judgment is for the payment of money arising from a contract. Indigent party-Rule 3, Sec. 21 An indigent litigant gives us the first situation where an ex parte motionis expressly recognized by the rules, as an exception to the rule on motions that is Rule 15. The general rule on motions is that a motion should not be heard ex parte. When it comes to an indigent litigant, the rule expressly allows that a motion presented by a litigant to be allowed to try the case as an indigent could be submitted to the court through an ex parte motion. At present, even if a person is a salaried employee he could still be considered as an indigent litigant. The only qualification that is now contained in the rule is that the litigant can prove that he cannot support himself and his family. It is no longer required that a person should submit affidavits just like in the past, showing he does not own properties, that he has no means of income. But the declaration by a court that a litigant may be considered as an indigent litigant is purely interlocutory. It could be assailed later on in the course of the trial by an adverse party. RULE 4- VENUE No difference between venue and jurisdiction in criminal case, only civil. Venue is procedural whereas jurisdiction is substantive law. Since venue is purely procedural it can be waived by the parties unlike jurisdiction over the subject matter which generally is not waivable. Since jurisdiction is part of substantive law it is governed or covered by BP 129 and the amendatory statutes. When Rule is NOT APPLICABLE :Rule 4, Sec.4(b) Since, venue is a primarily contractual matter, when asked to determine the proper venue of a case, do not immediately go to Rule 4. Take note of the presence or absence of an agreement between the
Such an agreement, having the said elements is entered into after the case is filed...is it void? NO. The parties, even after the commencement of the case or during the pendency of the case, can still enter validly into an agreement concerning venue. There is no provision in Rule 4 prohobiting it. It only tells us is that an agreement concerning venue in writing before the commencement of action and has the feature of exclusivity will govern the relationship of the parties BUT the court cannot be forced to enforce this agreement. Once a case is filed in court, the court will continue to have authority to try and decide the case notwithstanding any agreement on exclusive venue that the parties will enter into later on. SO, the agreement may or may not be followed by the court. IF it is followed by the court and the agreement is to the effect that the locality fixed in the agreement is not the place where the courts holds trial, the only alternative on the part of the court is to dismiss the complaint. If the agreement does not have the feature of exclusivity, which means to say that the plaintiff can ignore the agreement and apply the provisions of Rule 4...Venue will be determined on WON action is a real action or a personal action. Venue of Real Actions; Venue vs. Jurisdiction (Rule 4, Sec.1) When it comes to the distinction between venue and jurisdiction, careful in answering questions as to WON the defect is jurisdictional or only one of improper venue. o A case of unlawful detainer involving a piece of land located in Manila is filed before the inferior court of Tarlac. Does the court have jurisdiction? YES. Since this involves a question of jurisdiction, forget about Rule 4. Resort to BP 129, where a case of unlawful detainer or forcible entry is exclusively cognizable by an inferior court. It does not say a MTC of certain locality has exclusive jurisdiction over actions of unlawful detainer where the property is located in that locality. It simply says a case of unlawful detainer is cognizable by an inferior court. Of course, assuming that there is no written agreement on the exclusive venue. o A case of unlawful detainer involving a piece of land located in Manila. The complaint is filed here in Manila but the complaint is submitted to the RTC of Manila. Is venue properly laid? YES, because the land is in Manila and the court sits in Manila. o Does it have jurisdiction? NO, because under BP 129, inferior courts have original and exclusive jurisdiction over unlawful detainer. o If it is filed before RTC if QC, is venue properly laid? NO. Venue is not properly laid because the land is in Manila but the court before which the case has been filed is not situated in Manila. So, venue does not refer to a
Venue of actions in case of Non-Resident DEFENDANTS-Rule 4, Sec.3 Two elements must concur: 1. The defendant does not reside in the Philippines, 2. And he is not found in the Philippines.
It is possible that he is staying temporarily in the Philippines in which case in this sector, will not apply. The court will not be able to acquire jurisdiction over his person.
There are only two (2) instances where such case can be filed 1. When the civil action pertains to the civil status of the plaintiff 2. When it involves a property of the non-resident defendant in the Philippines. Where PLAINTIFF is a non-resident and cannot be found in Phils There will be no problem on venue or jurisdiction at all. He voluntarily submits himself to the jurisdiction of the court, if he files a complaint. Also, when it comes to venue, all that needs to be determined is WON the action is real or personal. Rules on Venue vis-a-vis Actions In Rem and In Personam Still Rule 4. All that needs to be done is ascertain further if they are Real or Personal. The only reason why Rule 4 does not mention in rem or in personam as the basis for fixing venue is that
Authority of the Barangay Court to Dismiss a Complaint Res Judicata Peculiar provision: If a plaintiff files a complaint before a barangay court, but later on he does not appear during the conciliation proceeding, the barangay court has the authority to dismiss the complaint and the dismissal by the barangay court operates as a res judicata that is, the complaint can no longer be filed in the court by the plaintiff. If there is a compromise agreement, there is no more need for the parties to go to court to enforce it. Within a period of six months the barangay court has a right to execute the judgment. And in doing so, it can make use of the provisions of Rule 39. If in the compromise agreement, the respondent admits owing plaintiff P100T payable on installment and then R defaults in complying with his obl, P can ask the barangay court to execute the judgment or the compromise agreement. That is as long as sixmonth period has not yet expired. In executing the judgment, the barangay captain, is given the authority to levy on PERSONAL properties of the defendant, pursuant to Rule 39. Barangay court does not have power to levy on real properties. Execution of the Compromise Agreement beyond the 6th mo. Period: Adjucatory Powers of Barangay Court Supposing that there is no execution within sixmonth period, can the compromise agreement be still enforced? YES, BUT this time its enforcement cannot be held before the barangay court, and should now be given to the inferior court of that municipality, the local court. Can anyone of the parties back out of that written agreement to constitute the barangay court as an adjudicatory body? YES. All that anyoneof the contestant needs to do is to repudiate that agreement. If there is repudiation, the barangay court ceases to possess adjudicatory powers. If there is no repudiation, then it can determine the rights and obligations of the parties in that dispute. The decision, if not repudiated will becomes a final and executory judgment. But for the purpose of enforcing this, SC ruled that there must be a petition for the enforcement of a decision to be filed before a local court. So, even if the amount involved in the dispute is one (1) million pesos, for the purpose of enforcing the judgment, the petition must be filed before inferior court.. SUMMARY PROCEDURE (SP) Although there is now uniformity in procedure before RTC and inferior courts, there is a difference when it comes to cases that are governed by SP. In November 2002, the Rules on SP were amended by the SC in the sense that a civil action which involves not more than P100T outside Metro Manila, and in Metro Manila P200,000 will be covered by SP. Unlawful Detainer and Forcible entry are still covered by SP. Family Courts & RTCs also try certain cases ff SP Not only Inferior Courts follow SP. But also cases triable in RTC or by a Family Court which under the Family Code.
(Memorize Prohibited Pleadings and Motions in SP) SP in Civil Cases vs. SP in Criminal Cases
2. SP applicable to civil cases The parties, and even the court, are not given the privilege to cross-examine the witnesses. All that the parties need to do is to submit the affidavits of witnesses and the respective position papers. And thereafter, the case is submitted for decision. Similarities: They have a preliminary conference, which is akin to the pre-trial in ordinary procedure. It is also mandatory. But the SC has ruled that if the trial court fails to conduct a preliminary conference, the proceedings taken thereafter are not necessarily void. A party may be considered to have waived this mandatory preliminary conference if he fails to object to its absence, or he fails to object to its absence OR he fails to object to failure of the trial court to conduct a preliminary conference. RULE 6- KINDS OF PLEADINGS Availability of Pleadings under Rule 6 GRule: The pleadings enumerated in Rule 6 are available in all ordinary c.actions and also special ca, which are governed by OP. Not all these pleadings are available in an SP, some of them are expressly prohibited by it. May there be civil actions or special actions where the availability of the pleadings mentioned in Rule 6, is not given to the parties? Exception to General Rule: Rule 67, that is, in a petition or complaint for expropriation proceedings, where a counter-claim, a cross-claim, and a third party complaint are expressly prohibited. Pleadings defined, Rule 8, Sec. 1: In general Pleadings- a written statement or allegations of the cause or defenses submitted to the court for judgment. The pleadings must contain allegations presented in methodical and logical form. That is, in concise and direct language, stating the cause of action or defenses. Pleader should not relate a story to the court. He should divide the pleadings into paragraphs, to make it short and simple. The pleading must be dated. The pleading must also be signed either by the lawyer, or by his client, or both of them. When it is the lawyer who signs the pleading, he submits a certification that he has read the pleading, there are enough grounds to support it, and that it is not intended to delay the adjudication of the dispute. When it is a client who signs the pleading, the client does not make this certification. Verification- Section 4 General Rule: Pleadings do not have to be verified. Verification is required only if the rules or the law requires it, Substantial defect, not Formal (will not affect jurisdiction of the court)- If the law requires a pleading to be verified, but there is no verification made by the client Also, an unsigned pleadingproduces no legal effect whatsoever.
Answer: Rule 6, Sec. 4 The answer, as a responsive pleading, is designed to contain the defenses to the claim contained in the complaint. Two defenses that could be alleged in an answer: Negative, Affirmative, or both. A defendant should knowhow a negative defense must be presented in court, because if this is not in accordance with the rules, he is going to lose the case. A negative defense, pertains to specific denial General Denial is not allowed by the rules and the sanction for using this is that it will be considered as an admission of the allegations in the complaint. A judicial admission is conclusive upon the admitter. It cannot be rebutted, as a general rule, , unless the pleader is able to prove that he has admitted a mistake in making that allegation. Specific Denial, Rule 8, Sec. 10 Three modes by which a specific denial should be made by the defending party: 1. To deny each and every allegation in the complaint and as far as practicable, give the reasons upon which he relies for his defense and the reasons why he is making that denial. 2. Part denial and part admission. 3. Specific denial for lack of knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained in the complaint. The defending party is expected to make use of any or some or all of these modes of denial. The rule does not expressly require that any of the modes should be used first. The defending party is given the choice as to which mode of specific denial which his answer could use. Repercussions of using the 3rd mode of Specific Denial No order of priority as to the mode of denial, BUT according to SC, use of the third mode could lead to an admission on the part of the defendant. The third mode is the most convenient way to make a specific denial because all that the defendant needs to state in his answer is that he is denying each and every paragraph in the complaint because he has no knowledge or information concerning the truth or falsity of these allegations.
Concept of Negative Pregnant Principle of pregnant means silence, which is suggestive of an unexpressed feeling. So, if if there is a negative pregnant, the defendant is really silent as to WON he is denying or admitting the allegations in the pleading, which is not allowed by the rules. He should state expressly and firmly WON he is specifically denying certain allegations in the complaint. He should not leave the matter to the court and let the court guess whether or not he is denying or admitting certain allegations. That is the duty of the defending party. The third mode of specific denial, that is denial for lack of knowledge or information could be consideredas a negative pregnant, which will result again to a judicial admission of the allegations contained in the pleading. Affirmative Defense- Rule 6, Sec. 5b Affirmative defense- admits the allegations in the complaint hypothetically. But the defendant sets up new matters which will avoid his liability in favor the claimant. Unlike in a negative defense, which denies the allegations in the complaint, an affirmative defense admits the allegations in the complaint.
Defenses & Objections not Pleaded: Rule 9, Sec. 1 Can the defendant, make use of both a negative and an affirmative defense? Inconsistent defenses... YES! In fact, he should submit all defenses available to him in his answer because if he fails to allege a defense in his answer, he is deemed to have waived these defenses. Even if a negative defense is inconsistent with an affirmative defense, the defendant must incorporate all the defenses available to him, at the time of the filing of the answer. Otherwise, the defenses that are left out are deemed waived. Meaning to say that these defenses can no longer be proven during the trial of the case. Action or Defense based on a Document: Rule 8, Sec. 8 An actionable document is that which is the basis of a claim or a defense. It is available to the plaintiff and defendant. Two ways by which an actionable document can be alleged. Copy the original via xerox and attach a copy OR copy verbatim the contents of the document in his complaint. How to contest such Documents: Rule 8, Sec. 8 When it comes to the defending party who is confronted with a complaint where there is an actionable doc, the law requires that there must be a specific denial under oath If the defendant neglects to comply with this requirement, the genuineness and due execution of the actionable doc are deemed admitted. The admission here is judicial, which is conclusive upon the defendant. He can no longer rebut the judicial admission. There are two exceptions mentioned in the rules: 1. If in the actionable doc, it does not appear that the defendant is a party, or if the plaintiff refuses to obey an order for the production of the original of that doc, defendant is excused from the consequences of a failure to specifically deny under oath Counterclaim: Rule 6, Sec. 6 Compulsory Counterclaim Sec. 7 The counter claim pleading is a counterclaim, which is any claim, which a defending party has against the adverse party. It need not be related to the subject matter of the complaint. A counterclaim, again, may be compulsory before a RTC, but the same will only be a permissive counterclaim before an inferior court. Usual Ex. Defendant alleges that the filling of the complaint is malicious and without basis, and such has compelled him to retain the services of counsel, and he has agreed to pay his counself a certain amount. When amount involved in a complsory counterclaim is below the jurisdictional amount cognizable by the RTC YES, the compulsory counterclaim is only incidental. It is on ancillary to the subject matter of the complaint. When amount involved in compulsory counterclaim is beyond the jurisdiction amount cognizable by inferior court Remember, accion reinvidicatoria is not always cognizable before the RTC. It depends on the assessed value of the property involved. If the amount sought to be recovered in a compulsory counterclaim goes beyond the
Cross-claim: Counterclaim vs. Cross-claim: Principle of Ancillary Jurisdiction Difference between a counterclaim and cross-claim: 1. A cross-claim is a claim by one party against a coparty. There must be plurality of defendants, where one of them files a cross-claim against a codefendant. -the subject may be related to the subject matter of the complaint -the amount sought to be recovered from the crossdefendant will not affect the jurisdiction of the court 2. A counterclaim is that which is totally unrelated to the subject matter of the complaint. A filed a complaint against B and C for the recovery of P700T. B can file a cross-claim against C for the recovery of the entirety of the P700T or he can file a cross-claim against C for the recovery only of P100T. In the latter case, If the cross-claim only for the recovery of P100T, although under BP 129, it is clearly provided that a claim for this amount is exclusively cognizable by an inferior court... The reason is that across-claim is only ancillary to the complaint. This is an application of the ancillary jurisdiction of a RTC. All ancillary claims will fall within the jurisdiction of the court as long as the court has jurisdiction over the subject matter of the complaint.
Third (fourth, etc.) Party Complaint: Rule 6, Sec. 11 Third party complaint, which is a claim of a defending party against a stranger to the case, for contribution, indemnity, subrogation or any other relief in respect to the plaintiffs claim. Just like in cross-claim, the subject matter of the third party complaint must be related to the sm of the complaint General Rule: The filing of a third party complaint must be with leave of court. That is not a requisite when it comes to the filing of other claim pleadings. This is necessary because the reason is that a third party complaint seeks to bring to the action a stranger to the case. The stranger is not yet a litigant, and the only way by which the court can acquire jurisdiction over the person of the stranger is for the court to issue summons later on. So, the jurisdiction of a court does not depend on the amount which the third party plaintiff seeks to recover. Even if this amount seeks to recover is below the jurisdiction of the RTC, it will have authority to hear and decide the third party complaint. There is no limitation as to the number of these complaints that could be filed in one case. So there could be a 5th, 6th, 7th party complaint as long as the subject matter of this pleading is related to the subject matter of the original complaint. Reply; Rule 6, Sec.10 The most useless pleading is, the Reply which is a responsive pleading. Even if a reply is not filed, the new matters alleged in the answer is deemed controverted.
Reply is Mandatory when Answer is founded on Actionable Doc Where plaintiff files a complaint for the recovery of money, and the defendant sets up the affirmative defense that the loan has been paid by the defendant. That is a new matter that is introduced in the answer. Should the plaintiff file a reply in order to controvert that new matter? NO. Even if the plaintiff fails to file a reply to controvert this allegation of payment, the allegation of payment is deemed controverted. General Rule: The filing of a reply is not mandatory. Is there an occasion where the filing of a reply becomes mandatory, that is mandatory in the sense that if no reply is filed by the plaintiff, it could cause him harm or prejudice? Yes, when the answer is founded on an actionable document. But he is not required to do so expressly. Mandatory in the sense that if the plaintiff does not file a reply, he is deemed to have admitted the genuineness and due execution of the action able document alleged in the answer. But even in the absence of express requirement, he is still mandated to file a reply because of the principle that an actionable document must be specifically denied under oath. And the only means by which the plaintiff could make a specific denial under oath is to file a pleading. And the only pleading that could be used to make specific denial under oath is a reply. The plaintiff cannot make use of an answer because he is the plaintiff. He cannot make use of this responsive pleading. So the only pleading that is left for him to use in order to make a specific denial under oath of an actionable document alleged in the answer, is a reply. Allegation of Usury: -It is only an allegation of usury contained in a complaint which needs a specific denial under oath. -If contained in an answer and set up as a defense, there is no need for the plaintiff to make a specific denial under oath. Even if no reply is filed by the plaintiff, the plaintiff is deemed to have controverted this allegation of usury. Striking out of Pleading or Matter Contained therein, Rule 8, Sec. 11 Since the prep of a pleading is absolutely under the control of the pleader, does it mean to say that he can allege any matter which he feels like doing so? NO. There are limitations. The law does not allow scandalous and indecent matters to be alleged in a pleading. So what is the recourse of the defendant? He can ask that the court strike out the complaint itself. If complaint is stricken off, he can ask the court to strike out such allegation. Will the running of the period to answer be suspended? YES, although the rules again do not expressly say so. The period to respond is interrupted until the court has finally resolved the motion. If the defendant fails to file a motion to strike out the complaint or a part of it, which contains such allegations, can the court on its own order (motu propio) the striking out of the complaint or these scandalous allegations? YES.
Recourse of defendant where judgement by default is rendered Rule 37,38, 39 After the issuance of the default, assuming that the defendant does not assail the validity of the order, the court can now render a judgmentby default. He will be given a copy, for him to know that there is already a judgment by default rendered against him. Now, can the defendant appeal from that judgment by default? YES! Because it is now a judgment. Can the defaulting defendant resort to Rule 37, that is, file a motion for a new trial or a motion for reconsideration? YES! Because he is assailing a judgment on the merits. Can he later on file a petition to annul judgment under Rule 47? The answer is also YES. Right of the defendant to assail a judgement by default depends on whether procedure is ordinary or summary May there be a situation where there is a judgment by default rendered against the defendant but he cannot avail of Rule 37, (motion for a new trial or reconsideration) or Rule 38, (petition for relief from judgment)?
Effect of partial default- Rule 9, Sec.3c Partial default contemplates a situation where there is a plurality of defendants who are sued under a common cause of action. If D1 does not answer but D2 does, can the trial court validly declare D1 in default? YES! As long as the plaintiff files a correlative motion. After declaring D1 in default, can the court render a judgment by default against D1? NO! The authority of the court in partial default is limited only in declaring the non-answering defendant in default. The court should try the case based on the answer of filed by D2. If D2 prevails, then the defaulting defendant will also prevail because they are sued under a common cause of action, unless the defenses set up by D2 are purely personal to him. Where no defaults allowed Rule 9 Sec.3 Family related cases: Annulment of marriage, Legal separation, Declaration of nullity of marriage. What should the plaintiff supposed to do since there is no defense set up by the defendant? Plaintiff should file a motion asking the court to order the prosecutor to make an investigation WON there is collusion between the parties, to see if the parties are fabricating evidence in support of the petition.. The fact that there is no answer filed by the defendant in these family-related cases, does that mean to say that the case will not move at all? The court can still schedule the case for pre-trial, as if the answer had been filed by the defendant. RULE 10Amendments in general- Rule 10, Sec.1 Amendment as a matter of right Sec.2 The filing of an amended pleading could be a matter of right.. before a responsive pleading is filed The filing a supplemental pleading can never be a matter of right, because permission of the court must first be obtained. Coverage is not limited to the complaint, it could refer to all pleadings enumerated in Rule 6. But although there is a right given to the pleader to amend his pleading, he must exercise this only once. What are these responsive pleadings,so that we can determine WON amendment is a matter of right, or of discretion. It is a matter of right, if it is the first amendment. If the plaintiff files a complaint with one cause of action, can he amendhis complaint as a matter of right by introducing three other causes of action? YES! When the law says that a pleader has a right to amend, the pleader has a right to amend, the pleader is given almost absolute discretion in determining which changes are going to be made in his complaint. He has the freedom to change in its entirety the cause of action in his complaint. The right of a pleader to change the allegations in his pleading is practically limitless when the law gives him the right to do so. BUT when it is just a matter of discretion, then he has to get permission from the court and it is the
Amendment is a still a matter of right even if a motion is dismiss is filed A motion to dismiss is not a pleading, so plaintiff still possesses the right to amend his complaint. Instead of opposing the motion to dismiss, he may amend his complaint in order to remedy the defects cited by the defendant. The court will have no other recourse except to deny the motion to dismiss because the defects cited by the defendant are already remedied by the amendment complaint. Amendment is still a matter of right even after a Motion to Dismiss under Rule 16 is granted If plaintiff is not convinced about the validity of the defendants motion to dismiss, and intead of amending, he files an opposition to the motion to dismiss so the court will now have the rule on the merit of this motion. After receiving the cause of dismissal founded onthe absence of cause of action, can the plaintiff still amend his complaint under Rule 10 as a matter of right? YES (SC) even if the complaint has been dismissed by reason of a motion under Rule 16 filed by the defendant, the plaintiff does not lose his right to amend his complaint because the motion to dismiss is not a responsive pleading. BUT this must come before the order of dismissal becomes final, that is, before the lapse of the 15-day period before the order of dismissal is entered (the period within which to challenge the order of dismissal). The order of dismissal of a complaint by virtue of a motion to dismiss is a final order. It could be assailed either by an ordinary appeal or by a petition for certiorari as provided in Rule 41. But even before the plaintiff could avail of any of these remedies hehas another remedy. He does not have to go to a higher court, and all he needs to do is to amend his complaint to rectify the errors that are embodied in his original complaint. Amendment to conform to or Authorize Presentation Device Sec.5 Generally, in the Rules on Evidence, if the evidence submittedby a party has no relation at all to the fact in issue, that evidence is not relevant. And any evidence that is not relevant should not be admitted by the court.
Sanction for failure to comply with Rule 11; Default; No default for failure to answer a compulsory counterclaim Sanction for not following Rule 11, on the part of the defending party is that he will be declared default. The sanction does not apply to all claim pleadings. if the counterc laim set-up by the defendant is a compulsory counterclaim, there is no need for the plaintiff to answer it. He cannot be declared in default. Trial Court excercises discretion WON to declare defendant in default for failure to answer a crossclaim SC: if the cross-claim is not answered, the cross plaintiff or the cross plaintiff can also file a motion to declarethe cross defendant in default. BUT the court may or may not grant it. Answer to third-party complaint- Rule 11, Sec. 5 Since a third party complaint, is a new action against the third-party defendant, the latter is also required to file ananswer to the third-party complaint. The period to answer depends on whether the summons is served through publication, personal service, or if the third-party defendant is a foreign corporation, which has been served summons through the proper government agency. 15, 30, or 60-day period similar to that given to a defendant Rule 12- BILL OF PARTICULARS Purpose, or when it is applied for- Rule 12, Sec.1 Bill of particulars is also a prohibited pleading in SP together with intervention. It is a more definite statement of an allegation contained in the pleading which is not alleged with sufficient definiteness or adequacy. In a BoP, the purpose of a litigant in asking for the particulars is to enable him to prepare a responsive pleading. Application of a BoP in civil and criminal cases Civil case: the purpose why BoP may be availed of by a litigant is to enable the litigant to prepare a responsive pleading. Criminal case: the purpose of the accused is to enable him to preparefor trial. So, in a civil case, a litigant cannot go to court and ask the courtto issue an order to compel adverse party to submit a BoP for the purpose of enabling the movant to prepare a responsive pleading. The fact that the complaint contains vague and indefinite allegations is not one of the grounds enumerated in Rule 16 for the dismissal of the complaint. If both the plaintiffs complaint & defendants answer are hard to understand, the court is confused, it might dismiss the case. But the plaintiff always has a remedy if the defendant does not ask for the BoP. Any vagueness or indefiniteness in the complaint can always be remedied by the evidence to be introduced during trial.
When to File Responsive Pleadings- Rule 11 There are only two responsive pleadings among the seven that are enumerated in Rule 6: Answer & Reply. Why did SC fail to provide for a period for the filing of a complaint, after all, it is also a pleading that commences an action in court? SC does not have authority to fix a period for the filing of a complaint be cause that is matter of substantive law. It only has power to fix other pleadings aside from the complaint. This is also the reason why in Rule 16, one of the grounds for a motion to dismiss is prescription (of action), whose are contained in the Civil Code. If prescription has set in and the complaint nonetheless is filed, this could be dismissed either uponmotion of the defendant or the courts. Prescription, remember is one of the non-waivable defenses. Existing counterclaim or cross-claim; period for filing claim pleadings other than a complaint In Rule 11, there is by implication a period fixed for the filing of claim pleadings, particularly a filing of a compulsory counterclaim and cross-claim. Reason: a compulsory counterclaim and a crossclaim which are not set-up are deemed barred. How about a permissive counterclaim? No fixed period, because WON a permissive counterclaim will be lost through prescription is a matter again that will have to be decided by the Civil Code. BUT if defendant desires to incorporate a permissive counterclaim or a third party complaint, he must do so during the pendency of the case. They are independent pleadings, and cannot be filed separately from the answer. There is a period fixed for the filing of an answer: 15, 30 or a period not less than 60 days. Answer to the complaint- Rule 11, Sec.1 Extension of time to plead; period to answer in a case governed in Summary Procedure cannot be extended Not always correct to say that the trial court has authority to extend the period to answer. Distinguish whether the case is governed by SP or OP. In SP: period to respond (10 days) is nonextendible (even if the court grants a motion to extend filing of answer) In OP: the court has discretion to extend the period General Rule: Trial Court has no authority to reducce the period within which to answer; exception-Quo Warranto The trial court has the authority to extend the period but it does not have the authority to reduce the
Responsive pleadings, counterclaim and crossclaim It is service that comes ahead of filing. These pleadings must be embodied in the answer. In the case of an answer, before the defendant could file this in court, he must first serve a copy of the answer upon the plaintiff In the case of a third-party complaint, a motion for leave to admit third party complaint must be made, then payment of docket fees. And after the thirdparty complaint is admitted, summons is also served upon the third-party defendant together with a copy of the third-party complaint. Judgements, resoultions and orders of the court It is the filing which comes ahead of service. When the judge renders his decision, he will first submit a copy of the original decision to the clerk of court. That is filing. And it is now the duty of the clerk of court to serve copies of a judgment or order upon the adverse parties. Priorities in modes of service & filing Rule13, Sec.11 Litigants must always be aware that under the present rules there is an order of priority when it comes to service. The order of priority is that personal service must always be resorted to. Otherwise, the service will not be considered as having been properly carried out. If personal service is not resorted to, there must be an explanation given bythe party why he has not resorted personal service. If the motion is filed and the motion is served through registered mail without an explanation, this is a violation! Court may dismiss it outright. Modes or service of motions, pleadings, orders and judgments? (1) personal service, (2) service by mail, (3) substituted service, (4) service by publication <only in unusual, exceptional circumstances> Settled rule: If a litigant is represented by counsel, service must be made upon the counsel. If service is not made upon counsel but upon the party himself, it is not proper service. Rule 13, Sec. 8 vs. Rule 14 Sec. 7 on Substituted Service Difference bet Substituted service of motions, pleadings and other documents & Substituted serviceof summons under Rule 14 Service of motions and pleadings upon the counsel is considered as personal service. Summons, personal service means service upon the defendant himself personally. The term used in Rule 14 is not personal service but service in person to emphasize that the summons must be delivered or at least tendered to the defendant himself. If summons is tendered properly upon a person other that the defendant, then that is substituted service of summons. In pleadings and motions, substituted service refers to a situation where personal service and service by mail is not effective. If personal service and service by mail is not effective, the party will go to the clerk of court, present proof that he has tried to serve this document through personal service or service by mail to no avail and he submits the paper to the clerk of court.
RULE 13FILING & SERVICE OF PLEADINGS, JUDGEMENTS & OTHER PAPERS Papers required to be filed and served- Rule 13, Sec.4 Which comes first? The filing or the service? First, determine the doc that we are referring to. Complaint
Order of priority Service in person will always be preferred over substitute service. And service by publication cannot be had unless the court is convinced that personal service or substitute service has been resorted to but it has not been successfully carried out. Villaroza Case: When the defendant is a domestic corporation, service of summons must be made upon any one of the officers enumerated in Sec. 11. They are the president, the general manager, the managing partner or the treasurer, the corporate secretary or inhouse counsel. Service upon any other officer of the corporation will not be sufficient to confer jurisdiction over the person of this corporation on the part of the court. Otherwise, the court does not acquire jurisdiction over this defendant-corporation. And if the court is not considered to have acquired jurisdiction over the person of the defendant-corporation, a decision rendered by the court is null and void. For a decision to be valid, the court must have jurisdiction over the subject matter, it must have jurisdiction over the person of the litigants and, in some instances, the law requires that the court must also have jurisdiction over the res and the issues submitted to the court. Mason vs. CA, SC reversed strict application of the rules on service of summons upon a domestic corporation. Service upon minors & incompetents Rule 14, Sec.10 Summons must be served upon the minor or insane person and also upon the guardian. BOTH of them! Service upon defendant whose identity or whereabouts are unknown- Rule 14, Sec. 14 Extraterritorial service- Sec.15 Residents temporarily out of the PhilippinesSec.16 There are conflicts concerning the applicability of these sections. Service of summons by mail is NOT a mode of service. If the court directs that summons be served by mail, that order is void.
In an action in personam where defendant cannot be served with summons personally, action must be first converted into an action in rem or quasi-in rem before court can acquire jurisdiction over the person through service of summons by publication; Ruling in Citizens Surety stands Case, everybody is of the belief that defendant is out of the Philips even temporarily, he is sued as an unknown defendant or his whereabouts are unknown, as long as the plaintiff can show that personal service and substitute service could not be carried out properly, his last recourse is to filea motion in court to leave to publish the summons. When the case is purely in personam, publication of the summons, even if allowed by the trial court, will not enable the court to acquire jurisdiction over the person of the defendant. Citizens Surety vs. Herrera, decided before promulgation of 1997 Rules. The doctrine was this: If an action is purely in personam, before the court acquire jurisdiction to try the case and the defendant could not be served by service in person, before the court could acquire jurisdiction by service of summons through publication, the action in personam must first be converted into an action in rem or quasi in rem. Facts: A complaint was filed against the defendant for the recovery of sum of money (an action in personam). In his submission of returns, The sheriff indicated that he could not find the defendant, that he could not summons upon him personally. He also said that substitute servicecould not be carried out because the sheriff does not know where the defendant lived. Since summons could not be serve by personal service or substitute service, the plaintiff filed a motion in court asking the latter for permission to publish the summons to enable the court to acquire jurisdiction over the case. Since there was no opposition to the motion, the court issued an order to plaintiff to have the summons published once a week for three consecutive weeks. And the plaintiff complied with that order. After the publication of the summons, the plaintiff returned to the court and asked to declare
What if it is not possible to convert the action in personam into in rem or quasi-in rem? The remedy of the court is not to dismiss the case but send the records to the archives, to be reactivated when the plaintiff is able to locate properties of the defendant in the Phils. These were the doctrines in Citizens Surety vs. Herrera which seemed to be abandoned by the 1997 Rules but SC reiterated that there was no intention on its part to abandon such doctrine. So, the rule up to present, is that before summons by publication could enable the the court to acquire jurisdiction over the case, the action must first be converted from in personam into in rem or quasi in rem. And the conversion easily be done by attaching properties of the defendant found in the Phils. So, when an action is purely in personam converted into quasi in rem because properties of the defendant in the Phils are subject to preliminary attachment, if the defendant does not respond at all, does not file an answer, the case will remain to be an action quasi in remor in rem. BUT if the defendant later on files an answer to the complaint, the action will be reconverted from quasi in rem into in personam RULE 14- SUMMONS Summons is not the sole means to acquire jurisdiction over the person Not accurate: There is a need for summons because this is the only means by which the court can acquire by compulsion, jurisdiction over the person of the defendant. There are instances in the Rules where jurisdiction over the person of the defendant is not acquired necessarily through service of summons. It could also be acquired through the service of other processes, like compulsion. Ex. Rule 65, the rule on certiorari, prohibition and mandamus. It is an independent civil action. The court simply issues an order addressed to the defending party to file a comment. That is a process, which will confer upon the court, by compulsion,
Order of priority Service in person will always be preferred over substitute service. And service by publication cannot be had unless the court is convinced that personal service or substitute service has been resorted to but it has not been successfully carried out. Villaroza Case: When the defendant is a domestic corporation, service of summons must be made upon any one of the officers enumerated in Sec. 11. They are the president, the general manager, the managing partner or the treasurer, the corporate secretary or inhouse counsel. Service upon any other officer of the corporation will not be sufficient to confer jurisdiction over the person of this corporation on the part of the court. Otherwise, the court does not acquire jurisdiction over this defendant-corporation. And if the court is not considered to have acquired jurisdiction over the person of the defendant-corporation, a decision rendered by the court is null and void. For a decision to be valid, the court must have jurisdiction over the subject matter, it must have jurisdiction over the person of the litigants and, in some instances, the law requires that the court must also have jurisdiction over the res and the issues submitted to the court. Mason vs. CA, SC reversed strict application of the rules on service of summons upon a domestic corporation. Service upon minors & incompetents Rule 14, Sec.10 Summons must be served upon the minor or insane person and also upon the guardian. BOTH of them! Service upon defendant whose identity or whereabouts are unknown- Rule 14, Sec. 14 Extraterritorial service- Sec.15 Residents temporarily out of the PhilippinesSec.16 There are conflicts concerning the applicability of these sections. Service of summons by mail is NOT a mode of service. If the court directs that summons be served by mail, that order is void. If the summons is sent by registered mail, even if it is received by the defendant, the court does not acquire jurisdiction him. There are only three modes of service of summons in Rule 14: in person, substitute service and service by publication. Service by mail is just complimentary to service of summons by publication. If the defendant is unknown that is in sec. 14, or his whereabouts are unknown, the court could properly direct that summons be served by publication. In sec. 15, which is the old doctrine on the service by publication called extra-territorial service, the situation contemplated is that the defendant is nonresident andis not found in the Philippines. Generally, we cannot sue in the Phils a defendant who does not reside in the Phils and who is not found in the Phils. The cases excepted are those enumerated in sec. 15. (1) when it Involves the civil status of the plaintiff, (2) when it relates to a property in the Phils over which the defendant has an interest, or it relates to a property and the prayer sought is to exclude the
In an action in personam where defendant cannot be served with summons personally, action must be first converted into an action in rem or quasi-in rem before court can acquire jurisdiction over the person through service of summons by publication; Ruling in Citizens Surety stands Case, everybody is of the belief that defendant is out of the Philips even temporarily, he is sued as an unknown defendant or his whereabouts are unknown, as long as the plaintiff can show that personal service and substitute service could not be carried out properly, his last recourse is to filea motion in court to leave to publish the summons. When the case is purely in personam, publication of the summons, even if allowed by the trial court, will not enable the court to acquire jurisdiction over the person of the defendant. Citizens Surety vs. Herrera, decided before promulgation of 1997 Rules. The doctrine was this: If an action is purely in personam, before the court acquire jurisdiction to try the case and the defendant could not be served by service in person, before the court could acquire jurisdiction by service of summons through publication, the action in personam must first be converted into an action in rem or quasi in rem. Facts: A complaint was filed against the defendant for the recovery of sum of money (an action in personam). In his submission of returns, The sheriff indicated that he could not find the defendant, that he could not summons upon him personally. He also said that substitute servicecould not be carried out because the sheriff does not know where the defendant lived. Since summons could not be serve by personal service or substitute service, the plaintiff filed a motion in court asking the latter for permission to publish the summons to enable the court to acquire jurisdiction over the case. Since there was no opposition to the motion, the court issued an order to plaintiff to have the summons published once a week for three consecutive weeks. And the plaintiff complied with that order. After the publication of the summons, the plaintiff returned to the court and asked to declare the defendant in default because the records didnot show that an answer was filed by the defendant. Judge Herrera asked the plaintiff why his case should not be dismissed, saying that since the complaint was one in personam and this was not converted into in rem or quasi in rem, court has not acquired jurisdiction over the case. Because the plaintiff could not give an explanation, court issued an order dismissing the complaint. Ruling: Plaintiff went to SC, which affirmed Judge Herrera. It held that to convert an action in personam into an action in rem or quasi in rem, all the plaintiff needs to do is to look for a property in the Philippines belonging to the defendant and have it attached. In Rule 57, it is expressly provided that a preliminary attachment may be issued if the defendant could not be located in the Philippines. To avoid the situation where prescription of the second complaint might already set in by the time preliminary attachment is filed (dismissal by reason
Resolution of motion (Sec.3) In other motions, the court has 2 options: it will have to resolve, either to grant or deny it. BUT in a motion to dismiss there is a 3rd option that is given to the court - that is, it will order amendment to the pleadings. In resolving a motion to dismiss the court is mandated to explain the reasons which support the resolution of the court. Hearing of motion (Sec.2) The court may conduct really a trial or a hearing of this motion to dismiss, although there are other motions also which may require the holding of a trial (motion for the issuance of a preliminary attachment, motion for the issuance of a temporary restraining order or a writ of preliminary injunction) If the court conducts a trial on a motion to dismiss, the evidence submitted during that hearing and everything that comes during the motion to dismiss are deemed reproduced during the trial of the case, so that there is no need for repetition of trial that is conducted with the court with reference to a motion to dismiss. Can the court on its own dismiss a complaint using Rule 16? YES. As long as the ground used by the court is any one of the non-waivable grounds. In Rule 9, the court is given authority to dismiss motu proprio a case based on any of the non-waivable grounds. So the court also can dismiss a case under Rule 16 but the grounds should be limited to those grounds enumerated in Rule 9. Effect of dismissal in relation to final orders which are not appealable under Rule 41 (Sec.5) If a motion to dismiss is denied by the court, can the defendant assail the order of denial by bringing it up to a higher court? NO. Generally, the denial of a motion to dismiss is an interlocutory order. It cannot be questioned by appeal. Can defendant assail the denial of his motion by availing Rule 65? YES. As long as he can comply with the requirements of Rule 65, that is, he can file a petition for prohibition under Rule 65. If a motion to dismiss is granted by the court, is the order dismissing the complaint an interlocutory order?
Dismissal of a complaint under R16, when with/without prejudice Is the dismissal of a complaint under Rule 16 with or without prejudice? If the dismissal is founded upon any of the grounds mentioned in letters F, H, and I, the dismissal is a dismissal with prejudice and therefore the remedy of the plaintiff is to appeal, not to file a petition under Rule 65. If the dismissal of a case under Rule 16 is founded on grounds OTHER than letter F, H, and I, the dismissal is without prejudice and therefore the remedy of the plaintiff is not to appeal but to file a petition for certiorari as mandated by Rule 41. By implication, Rule 41 tells the plaintiff: If the dismissal is without prejudice one doesnt have to make use of Rule 65. Since the dismissal is without prejudice all that plaintiff needs to do is to file another complaint against the same defendant for the same cause. But if he insists on assailing the order of dismissal without prejudice, he is precluded from taking an appeal. His only recourse is tofile a petition for certiorari under Rule 65. Pleading grounds as affirmative defenses (Sec.6) Instead of filing a motion to dismiss, the defendant could choose to file an answer and incorporate in that answer any or all of the grounds in Rule 16 as an affirmative defense. Procedural advantage of pleading any of the grounds under Rule 16 as an Affirmative Defense Will it be advantageous for defendant if he simply files a motion to dismiss or will it be advantageous for the defendant to file an answer for affirmative defense? YES. If defendant files an answer with an affirmative defense, that is, he makes use of any of the grounds in Rule 16 as an affirmative defense. He can incorporate in that answer already a counterclaim, a permissive or compulsory counterclaim. And then he could ask for a preliminary hearing on these affirmative defenses as if a motion to dismiss has been filed. If the court is convinced that the case should really be dismissed by reason of Rule 16, then it will. But in Rule 16 it is provided that the dismissal of the complaint will not prejudice any counterclaim, which the plaintiff has set up. So, the case will be dismissed but a counterclaim set up by the defendant in his answer will not be dismissed. It can be tried by the court. If that is the only procedural advantage, cant the defendant also file a motion to dismiss and embody
Grounds (Sec.1) 1. Absence of jurisdiction over the subject matter There is nothing in the rules of court which has provided for jurisdiction of courts over the subject matter. The reference should always be to BP 129. BP 129 is the general law on jurisdiction and, as general law, it will always give way to a special statute or a special legislation.For instance, real actions are cognizable either by a RTC or an inferior court depending upon the assessed value of the property. This is provided in BP129. But if the real action involves title to or possession of a subdivision lot, and the dispute is between the subdivision develop and the subdivision lot buyer, the case is cognizable exclusively by a quasi-judicial body, the Housing and Land Use Regulatory Board (HLURB) by virtue of PD 957. Another real action, for instance, which is not cognizable by courts of justice either by the RTC or an inferior will be a land covered by the Agrarian Reform Code. These disputes are cognizable by the agencies treated by the DAR. 2. Lack of jurisdiction over the person of the defendant. How can the defendant properly assail lack of jurisdiction over his person on the ground that summons has not been served upon him properly when he is compelled under Rule 16 to file a corresponding motion? Does not the filing of the motion to dismiss itself be considered as recognition by the defendant that the court has jurisdiction over his person? Even if a defendant files a motion to dismiss founded on absence of jurisdiction over the person of the defendant, the mere filing of the motion to dismiss will NOT be considered as voluntary submission by the defendant of his person to the jurisdiction of the court. That is sometimes known as a special appearance in a motion to dismiss by the defendant founded on this ground. Under old jurisprudence, if a defendant files a motion to dismiss founded on lack of jurisdiction over his person, he should not accompany his motion with any other grounds. Under new rules, lack of jurisdiction over the person of the defendant CAN be coupled or accompanied by other grounds for a motion to dismiss mentioned in Rule 16. 3. Improper Venue- Rule 4 4. Lack of Capacity to Sue on the part of the Plaintiff Supposing, it is the defendant who does not have the capacity to be sued, will that be a groundfor dismissal under Rule 16? YES. But the basis will be failure to state a cause of action, litis pendencia Litis pendencia vs. Notice of lis pendens LIS PENDENS which is found in Rule 13, is a contructive notice in real actions. Notice of lis pendens operates when the case involves title to or possession of real property, and one of the litigants requests the register of deeds to annotate at the back of the title of the property involved of the fact
RULE 17-DISMISSAL OF ACTIONS Section 1. Dismissal upon notice by plaintiff. By filing a notice of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim. Sec. 2. Dismissal upon motion of plaintiff. Except as provided in the preceding section, a complaint shall not be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the serviceof plaintiff's motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within (15) days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action.
Dismissal upon Motion of Plaintiff (Sec.2) In the next section, the plaintiff is still given the prerogative to dismiss the complaint. But this time, the dismissal by the plaintiff should be with leave of court, after the defendant has filed an answer. If it is the plaintiff who asks for the dismissal of his own complaint. The defendant really should not object to the dismissal of the complaint because that is for the benefit of the defendant. But he may have some reasons for objecting to the dismissal by the plaintiff himself after he has filed his answer. One good reason is when he has incorporated or embodied in his answer a counterclaim. If the defendant has embodied in his answer a counterclaim, the dismissal by the plaintiff after the filing of the answer will NOT affect the counterclaim. So, thecounterclaim could stand. Will this principle be applied even if the counterclaim is compulsory in character? Rule 17 tells us that the counterclaim filed by the defendant will stand regardless of the nature of the counterclaim. So a compulsory counterclaim is not affected by the dismissal of the complaint itself. Generally, if a complaint is dismissed, the ancillary proceedings in that complaint will also be dismissed. But in Rule 17, it recognizes this instance where a complaint is dismissed but the ancillary proceeding concerning the compulsory counterclaim will not be affected. In fact, Rule 17 gives to the defendant an option. The defendant can ask the court to try the compulsory counterclaim OR he can ask the court also to dismiss his counterclaim although compulsory in character, without prejudice to his pursuing the same counterclaim in an independent action. Dismissal due to fault of Plaintiff (Sec.3) Other grounds for dismissal 1. Upon motion by the defendant and upon the initiative of the court itself. If the plaintiff does not appear during a trial scheduled for the presentation of his evidence in chief. The defendant can ask for the dismissal of the case, and such dismissal is one with prejudice unless the court otherwise qualifies. If the plaintiff fails to obey an order of the court or fails to comply with the provisions of the Rules of Court, the case could also be dismissed and the dismissal again is with prejudice unless otherwise qualified. Rule 17 is emphatic in saying that it is in absence of the plaintiff during the trial scheduled for the presentation of his evidence in chief. So, if theplaintiff does not appear during the trial set for the presentation by the plaintiff of rebuttal evidence, the defendant cannot ask for the dismissal of the complaint because the presentation by the plaintiff of rebuttal evidence means that the plaintiff has already submitted his evidence in chief.
RULE 18- PRE-TRIAL Section 1. When conducted. After the last pleading has been served and filed, it shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial. Sec. 2. Nature and purpose. The pre-trial is mandatory. The court shall consider: (The) (a) Possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; (b) Simplification of the issues; (c) Necessity or desirability of amendments to the pleadings; (d) Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; (e) Limitation of the number of witnesses; (f) Advisability of a preliminary reference of issues to a commissioner; (g) Propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist; (h) Advisability or necessity of suspending the proceedings; and (i) Such other matters as may aid in the prompt disposition of the action.
Sec. 3. Notice of pre-trial. The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him. Sec. 4. Appearance of parties. It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a party may be excused only if a valid cause is shown therefor or if a rep shall appear in his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and of docs.
Dismissal upon MOTION of plaintiff Sec. 2 Done after the defendant has filed an answer. A dismissal WITHOUT prejudice, unless otherwise specified in the order by the court. Except as provided in the preceding section, a complaint shall not be dismissed at the plaintiffs instance save upon approval of the court& upon such terms&conditions as the court deems proper. If a counterclaim has been pleaded by defendant prior to the service of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint. Generally, if a complaint is dismissed, the ancillary proceedings in that complaint will also be dismissed. But in Rule 17, the defendant is given this option: The dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action unless within 15 days from notice of the motion he inidicates that he wants his counterclaim resolved in the same action. He can allow it to be dismissed likewise, without prejudice to his pursuing the same counterclaim in an independent action. Dismissal DUE TO FAULT of Plaintiff (Sec.3) Motu propio of the court OR upon motion of Defendant Dismissal is WITH prejudice, unless otherwise declared by court or ground is lack of jurisdiction Grounds 1. Non-appearance on the date plaintiff is to present his evidence in chief without justifiable reason - limited to the date of presentation of evidence in chief only; plaintiffs failure to appear, not absence of lawyer, that warrants dismissal -if plaintiff has already presented his evidence, his failure to appear in subsequent proceedings (or his absence in any stage of the trial, like presentation of rebuttal evidence) is not failure to prosecute but a waiver of right to cross-examine and object to the admissibility of evidence. 2. Failure to prosecute for an unreasonable length of time - applies to pre-trials and appeals; 3. Non-compliance with the Rules or any court order - e.g. plaintiff fails to amend complaint even after court orders him to do so, or when he fails to move for pre-trial of the case Remedy of the defeated party (in relation to Rule 41) In Rule 16 & 17, the order of dismsal is final but it may be with or without prejudice. If it is with prejudice, it is appealable. If it is without prejudice, the remedy in Rule 41 when it comes to a final order that is without prejudice is a petition for certiorari under Rule 65
RULE 19- INTERVENTION When to file motion to intervene (Sec.2) Any time before rendition of judgement by the trial court If the case has already been decided, like when it is already on appeal, then intervention as a remedy is cut off Exceptions: 1. When the one who is intervening is an indispensable party who was not impleaded, otherwise judgement will never be final 2. When intervenor is the Republic of the Philippines Who may intervene; (Sec.1) A person who has a legal interest in 1. The matter in litigation 2. The success of either of the parties 3. Or an interest against both 4. Or is so situated as to be adversely affected by a distribution or other disposition of property in custody of court or an officer The court shall consider WON the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, and WON the intervenors rights may be fully protected in a separate proceeding Pleadings-in-intervention (Sec.3) A motion for intervention is not a pleading, it is a proceeding. Complaint-in-intervention if he asserts a claim against either or all of the original parties; he must pay docket fees so that the court will acquire jurisdiction over the intervenors c.i.n Answer-in-intervention if he unites with the defending party in resisting a claim; no need to file docket fees because this is not an initiatory pleading After the intervention is allowed, the intervenor can use other pleadings enumerated in Rule 6, as long as they are consistent with his initial stand as an intervenor. Note: the rule also requires now a responsive pleading to a complaint or an answer in intervention Remedy of an intervenor whose motion has been denied Appeal from that denial Effect of dismissal of the main case on the intervention Intervention is always ancillary to the main case. There can be no intervention unless there is a main action pending in court. If there is a motion for intervention which has been filed, but the main case is dismissed by the court, the intervention could stand on its own. If it is anintervention wherein the interest of the intervenor is adverse to both plaintiff & defendant Intervention as a matter of right Any member of a class who is involved in a class suit has the right to intervene. If he was not named in the complaint or in an answerm and he decides to protect his interest, he has a right to intervene in that litigation. But outside the intervention by a member of a class, WON the stranger will be allowed to intervene is left to the discretion of the court
Appearance of parties; Counsel must be armed with power of attorney if party cannot attend pretrial (Sec.4) It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a party may be excused only if a valid cause is shown or if a representative shall appear in his behalf fully authorized in writing to... 1. Enter into an amicable settlement 2. Submit to alternative modes of dispute resolution 3. Enter into stipulations or admissions of facts and of docs After the termination of pre-trial conference by a trial court, it would be arbitrary and capricious for it to schedule another one. If partues do not attend the 2nd pre-trial, the court cannot validly impose sanctions. Effect of Failure to Appear (Sec.5) By Plaintiff- There shall be cause for dismissal of the action, which is WITH prejudice, unless otherwise ordered by the court. By Defendant- shall be cause to allow the plaintiff to present his evidence ex parte and the court to render judgment on the basis thereof. Defendant will not be able to participate in the presentation, nor introduce his own evidence. Pre-trial Brief(Sec.6) Parties shall file this with the court and serve on the adverse party at least 3 days before date of the pretrial Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial Their respective pre-trial briefs shall contain: 1. A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof; 2. A summary of admitted facts & proposed stipulation of facts; 3. The issues to be tried or resolved; 4. The docs or exhibits to be presented, stating their purpose 5. A manifestation that they have availed or intended to avail discovery procedures or referral to commissioners; and 6. The number & names of the witnesses, and the substance of their respective testimonies. Ex Parte Hearing under Rule 18 vs. That in Rule 9 In both rules, like when defendant does not attend a pre-trial conference (18) or when defendant is declared in default (9), the court could issue an order directing an ex parte hearing to be conducted for sole purpose of receiving plaintiffs evidence. But there is a difference as to the AWARD In Rule 9, the award to be given by the court is limited to what has been prayed for in the complaint. It could be less but not be more than the relief that is prayed for in the complaint. Also, if the defendant is in default, this shows that he is not willing to put up a fight. In Rule 18, there will be application of Rule 10 or an amendment to the pleading to conform to evidence.
Subpoena Duces Tecum- may be quashed upon a motion if... 1. It is Unreasonable and Oppressive, 2. The relevancy of the books, documents or things does not appear, 3. If the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof. Subpoena Ad Testificandum- may be quashed on the ground that the witness is not bound thereby. In either case, the subpoena may be quashed on the ground that the witness fees and kilometrage (he resides more than 100km away, from the place whre the trial is going to be held by the usual course of travel-land transportation) allowed by these Rules were not tendered when the subpoena was served. If the witness invokes his viatory right and there is nothing which a court could do to compel his attendance, the remedy is to resort to the modes of discovery. Modes of Discovery- these allow a fishing expedition. Parties can avail of these even if they do not intend to present to the court as evidence the info or docs that they have acquired through these modes of discovery.
Service of Subpoena (Sec.6) Shall be made in the same manner as personal or substituted service of summons. The person on whom it is served shall be delivered a copy of summons, tendering to him the fees for one days attendance and the kilometrage allowed by the Rules Tender not be made when subpoena is issued by or on behalf of the RP or an officer or agency thereof Service must be made so as to allow the witness a reasonable time for preparation and travel of the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered. A person present in court before a judicial officer (Sec. 7) may be required to testify as if he were in attendance upon a subpoena issued by such court or officer Compelling Attendance (Sec. 8) If a witness fails to attend, the court issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant (to the sheriff of the province) to arrest the witness, bring him before the court where his attendance is req The cost of warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse. Contempt (Sec.9) If a person fails, without adequate cause, to obey a subpoena served upon he, will be deemed in contempt of the court from which the subpoena is issued. If the subpoena was not issued by a court, the disobedience thereto shall be punished in accordance with the applicable law Exceptions (Sec. 10) Sections 8 & 9 shall not apply to a witness who resides more than 100 km from his residence to the place where he is to testify by the ordinary course of
Without Leave of Court After an answer has been served, the testimony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 21. Scope of Examination (Sec.2) Deponent may be examined regarding 1. Any matter which is relevant to the subject of the pending action, 2. Not privileged 3. Not restricted by a protective order 4. whether relating to the claim or defense of any other party, including the...existence, description, nature, custody,condition and location of any books, docs , or other tangible things & the identity and location of persons having knowledge of relevant facts Examination and Cross-examination of Deponents (Sec.3) -May proceed as permitted at the trial under secss 3-18 of Rule 132 Use of Depositions (Sec.4) The deposition may be later considered as the testimony of the deponent in court. When the deponent invokes his viatory right, then his deposition can be considered as his testimony in court. In all instances, the deposition of a person can be used to impeach his person if he later goes to court as witness, like by prior inconsistent statements, where his testimony is consistent with the depositions that he has previously given.
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Commission or Letters Rogatory (Sec.12) Commission - is an instrument issued by a court to authorize a person to take depositions or do any other act by authority of such court or tribunal Letters Rogatory A request issued by a local court addressed to a foreign court, requesting it to take the deposition of a person who is within the territorial jurisdiction of that foreign court. It is not a mandate. Instead of using this, the local court can write to the Phil. Consul to a country and ask him to take the deposition of a person who is residing there Disqualification by interest (Sec.13) No deposition shall be taken before a person who is 1. A relative within the 6th degree of consanguinity or affinity 2. An employee or counsel of any of the parties; 3. A relative within the same degree, or employee of such counsel; or who is financially interested in the action Orders for the protection of parties and deponents (Sec. 16) After notice is served for taking a deposition by oral examination, (upon motion seasonably made by any party or by the person to be examined and for good cause shown) the court in which the action is pending may make an order that... 1. The deposition shall not be taken 2. It may be taken only at some designated place other than that stated in the notice 3. It may be taken only on written interrogatories 4. Certain matters shall not be inquired into 5. The scope of the examination shall be held with no one present except the parties to the action and their officers or counsel 6. After being sealed the deposition shall be opened only by order of the court 7. That secret processes developments, or research need not be disclosed 8. The parties shall simultaneously filed specified docs or info enclosed in sealed envelope to be opened as directed by the court 9. The court may make any other order which justice requires to protect the witness from annoyance, embarrassment, or oppression When a deposition is completed, the presiding officer is req by law to send the transcript of the proceedings to the court of origin. The sending of the transcript does not mean to say that the deponent is now considered as a witness by the court. He is not yet a witness in court. The transcript sent to the trial court will not be considered as evidence. For it to be so, it should be offered as documentary evidence by anyone of the interested parties. It is during the offer of the transcript as evidence when the trial court can rule on objections that were noted by the presiding officer. This time, the court will have authority to rule on the objections because the trial court is the one that is actually trying the case. It is the trial court which is aware whether the questions propounded and the answers given are objectionable.
Manner of taking depositions Presiding officer will have no authority at all to rule on objections. Even if he is a judge, because the presiding officer is not aware of what the issues are. The case is not pending before that court and therefor, the court doesnt know what the fight is about 1. 2. Upon oral examination Deponent, and counsels for plaintiff and defendant are present, where the lawyers will conduct a verbal direct, cross, re-direct, and re-cross examination Upon written interrogatories Lawyers/litigants do not have to be present during the proceeding. They have to prep a questionnaire in writing, sent to the presiding officer, who will read, get answers from deponent
Effect of Substitution of Parties (Sec. 5) 1. Does not affect the right to use depositions previously taken; 2. When an action has been dismissed and another action involving the same subject is brought afterwards between the same parties (or their representatives or successors in interest), all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therfor. Objections to Admissibility (Sec. 6) Objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying. (6, R24) Effecct of TAKING depositions (Sec. 7) A party shall NOT be deemed to make a person his own witness for any purpose by taking his deposition Effect of USING depositions (Sec. 8) The introduction in evidence of the deposition or any part of it for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition But this shall not apply to the use by an adverse party of a deposition as described in par (b) of section 4 of this Rule. Rebutting deposition (Sec.9) At the trial or hearing, any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party Persons before whom depositions may be taken (Sec.10) Within the Philippines 1. Judge 2. Notary Public 3. Any person authorized to administer oarths, as stipulated by the parties in writing Outside the Philippines
Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of the questions or answers, in the oath or affirmation, or in the conduct of the parties and errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the taking of the deposition. 5. As to form of written interrogatories Objections to the form of written interrogatories submitted under sections 25 and 26 of this Rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3) days after service of the last interrogatories authorized. 6. As to manner of preparation Errors and irregularities in the manner in which the testimony is transcribed or the deposition is
Interrogatories to parties; service thereof. (Sec.1) Under the same conditions in Sec. 1 of Rule 23, any party desiring to elicit material and relevant facts from any adverse parties shall file and serve upon them written interrogatories.. to be answered by the party served or, If the party served is a public or private corporation or a partnership or association, by any officer thereof competent to testify in its behalf. Answer to interrogatories (Sec.2) The interrogatories shall be answered fully in writing and shall be signed and sworn to by the person making them. The party upon whom the interrogatories have been served shall file and serve a copy of the answers on the party submitting the interrogatories Objections to interrogatories (Sec.3) May be presented to the court within 10 days after service thereof, with notice as in case of a motion Answers shall be deferred until the objections are resolved, At the earliest time possible Number of interrogatories (Sec. 4) No party may, without leave of court, serve more than one set of interrogatories to be answered by the same party. Scope and use of interrogatories (Sec.5) Scope shall be the matters mentioned in sec. 2 of Rule 23 The answers may be used for the same purposes provided in section 4 of the same Rule Effect of failure to serve written interrogatories. (Sec.6) Unless a party had been served written interrogatories, he may not be compelled by the adverse party 1. To give testimony in open court or 2. Give a deposition pending appeal This is a means to disqualify a witness. A litigant can avail of this provision by telling the other party that he cannot be compelled to be a witness because Rule 25 has not been satisfied. Prohibition in criminal cases: The prosecution cannot compel the accused to testify in court. No prohibition in civil cases. Although plaintiff can compel the defendant to be a witness in a civil case, when the defendant appears as a witness, he can always invoke the right against self-incrimination. But the invocation of the right against selfincrimination assumes that the witness is already in court, testifying. So in Rule 25, if the plaintiff has in mind requesting later on that the defendant take the witness stand as witness for the plaintiff, plaintiff should see to it that Rule 26 has been satisfied, that is, he must serve interrogatories on the defendant. RULE 26-ADMISSION BY ADVERSE PARTY Request for admission (Sec.1)
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Reverse Order of Trial Generally, It is first the plaintiff who presents evidence, then the defendant who will present evidence on his defenses, his cross-claim, thrid-party complaint etc. Normal order: it is the plaintiff who first presents evidence because he makes affirmative allegations, since he is required to state ultimate facts. He will always be compelled to state that he has a right, which is an affirmative pleading. And then he follows this averment with an allegation that a right has been violated. Although there is an order of trial in Rule 30, this is preceded by the phrase unless otherwise ordered by the court. So trial court is given authority to follow a reverse order of trial
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Rule 30 Section 5: Order of trial (a) The Plaintiff shall adduce evidence in support of his complaint; (b) The Defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and third-party complaints; (c) The Third-party defendant if any, shall adduce evidence of his defense, counterclaim, cross-claim and fourth-party complaint; (d) The Fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them; (e) The parties against whom any counterclaim or crossclaim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court; (f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and (g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence. A trial is required only in Rule 30 if there are triable issues. The trial is limited to the facts in issue that are identified in the pre-trial order. If there is no triable issue, the court will simply render judgement The court can still do away with trial even if there are triable issues or a probandum in the pre-tiral order: Like when triable issues do not refer to factual
Agreed Statement of Facts Sec. 6 Agreed statement of facts. The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence. If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe.
In Rule 30, stipulations must be submitted by the parties in writing. But generally, in civil cases, those stipulations of fact made verbally or in writing are all admissible. Ex. Facts stipulated verbally which are binding on the parties: Those in Rule 18, during a pre-trial conference. All that the parties submit is a pre-trial
2. Consolidation proper There are at least two cases pending in court, involving a common question of fact or law. It is assumed that these cases are filed independently of one another. They also carry different docket numbers, although they may involve a common question of fact or law. In consolidation proper, the docket numbers will be retained The cases will be tried jointly, joint decision will be rendered. So their independent existence is not affected.
Stipulations of fact in criminal cases must alsways be in writing As welll as signed by the accused and his counsel. In a civil case, there is no need for the parties to reduce in writing the facts stipulated upon, or to sign them. The lawyer can sign this himself. The lawyer who represents his absent client is required to present a special power of attorney authorizing him to enter into a compromise, to agree to submit the dispute to alternative dispute resolutions or to enter into stipulations of fact.
Rule 30, Sec. 9: Judge to receive evidence; Declartion to clerk of court vs. Trial by Commissioner The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits, which objections shall be resolved by the court upon submission of his report and the transcripts within 10 days from termination of the hearing. Trial should be presided by a judge who cannot delegate this to somebody else, except the Branch clerk of court who is a lawyer in three instances: In default proceedings In ex parte proceedings (Where defendantt is in default, plaintiff may be ordered to present evidence, Rule 9; Where defendant does not appear during the pretrial conference and does not authorize anybody to appear in his behalf, or does not submit a pre-trial brief, Rule 18) 3. Where parties agree that the branch clerk of court will be the one to preside over the proceedings for reception of evidence The branch clerk of court is not acting as a commissioner. Limitations in Consolidation of cases: The parties do not have to be the same. No need for same common cause of action. Usually where joinder is not allowed, esp where joinder of parties is not allowed as well The cases must be pending before the same court. If certain RTC has several branches and these cases are assigned to different branches of the court, there could be consolidation only with the conformity of the other branches concerned. These are coordinate courts. One judge cannot issue an order directed to another judge of coordinate jurisdiction. A consolidation of cases in different RTCs is possible provided that the order should come from the Supreme Court. 3. The test case method There are two or more cases pending in court, involving a common cause of action. The court will only try one of them: the one that has been tried. Its a test case on one of the pending cases.
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RULE 31- CONSOLIDATION OR SEVERANCE Rule 31, Sec. 1: Consolidation Three modes of Consolidation of cases: 1. Recasting Consolidation involves a reshaping of all the cases involved. The two or more cases in court will be converted into one case. There is only one hearing and one decision. This will necessitate amendment to the pleadings and the dismissal of some of the cases and the retention of only one.
Rule 31, Sec. 2: Separate traits The opposite of consolidation is severance of claims. There is one case pending in court but the court will conduct separate trial for one of the claims mentioned in the complaint. If in one complaint there is an application for joinder of parties, there is the assumption that there are at least two causes that are embodied in one complaint. The court can order separate decisions. But everything depends upon the discretion of the court.
RULE 32- TRIAL BY COMMISSIONER Instances when appointment of a commissioner is mandatory 1. 2. 3. 4. Trial by commissioner depends on the discretion of the court. Eminent Domain/Expropriation Partition Settlement of an estate of a deceased personin the trial of contested claims When the executor or administrator submits his accounting for hearing.
Section 3. Order of reference; powers of the commissioner. The order may specify or limit the powers of the commissioner, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only and may fix the date for beginning and closing the hearings and for the filing of his report. Subject to other specifications and limitations stated in the order, the commissioner has and shall exercise the power to regulate the proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may issue subpoenas and subpoenas duces tecum, swear witnesses, and unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence. The trial or hearing before him shall proceed in all respects as it would if held before the court.
The plaintiff or defendant in accounting, the court does not really have to preside over the hearing for the approval of the executors accounting. This can be delegated to a commssioner
Trial by Commissioner under Rule 32 vs. Delegation to the Clerk of Courtunder Rule 30 The powers of a commissioner for the trial of a case are much broader than that given branch clerk of court who receives evidence under the instances in Rule 30. Rule 30 requires that the branch clerk of court must be a lawyer, trial by commissioner does not require that he be a lawyer. The issue tried or assigned to be tried by a commissioner may require the knowledge not of a lawyer but of another professional. In case of commissioner appointed by court, he also possesses the power to rule on objection in the course of proceedings, which is not given to branch clerk of court under Rule 30. Commissioner can rule on the objections, where objections are raised. He can act as if he were the trial judge for this particular case. Unlike the clerk of court who is merely mandated to receive all the evidence presented by the plaintiff. The authority witheld from a commissioner is the power to render a decision. This is the sole preogative of the judge. Although the caption is trial by commissioner, the trial is not limited to the trial of the facts in issue. The court can appoint a commissioner to try matters, issues that arise even after the judgement has become final and executory. During the stage of exec of judgement under Rule 39, the court can still validly appoint a commissioner to try new matters. This is not possible in Rule 30 where the court designates his branch clerk of court to receive evidence of the parties.
RULE 33- DEMURRER TO EVIDENCE Section 1. Demurrer to evidence. After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied he shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence.
Demurrer to evidence vs. Judgement on the pleadings In a judgement on the pleadings, there are no issues presented at all by the pleadings In demurrer to evidence, there are issues presented. In fact, the court has tried the case, the court has received the evidence by the plaintiff in chief. The court has given the plaintiff a chance to present his evidence and prove his claim.
One-sided trial in demurrer to evidence It is only the plaintiff who presents his evidence but after presentation of evidence the defendant believes that the evidence so presented is not enough to demonstrate the validity of plaintiffs complaint..he moves to dismiss
Motion on Demurrer to Evidence is Diff from a Motion to Dismiss under Rule 16 The motion to dismiss is presented by the defending party before he even files an answer.
Insuffucuency of Evidence is the ONLY ground available under Rule 33 If the court denies the motion, defendant does not suffer any injury. He can still present his own evidence. If the court denies the defendants motion, the decision to be rendered is an ordinary judgement rendered by the court after the parties have presented their respective evidence. RULE 34- JUDGEMENT ON THE PLEADINGS Section 1. Judgment on the pleadings. Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may; on motion of that party, direct judgment on such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved.
Defendants will lose the opportunity to present his evidence if appellate court reverses the decision of the trial court dismissing the complaint under Rule 33 If the court grants the defendants motion for dismissal based on insufficiency of plaintiffs evidence, the dismissal is a final order. It is a jdugement on merits. If the plaintiff decides to appeal, he could go to CA or SC. The CA will now review the case based purely on the evidence presented by the plaintiff because the defendant has not presented any evidence at all. CA may affirm trial court ruling If the CA disagrees with the trial court, the CA is required to render its own judgement reversing the decision of trial court The defendant will be prejudiced. He will lose the opportunity to present his evidence in support of his evidence. So, when the defendant avails of a demurrer to evidence, he asumes the risk that if the matter is presented before the CA and if it does not affirm the judgement of the trial court, the defendant would have lost his opportunity to present his own evidence.
It is rendered without conducting a trial or even a pre-trial. The reason for this is because the (1) pleadings do not present any issue at all for trial OR (2) the answer filed by the defendant asmits the essential or material allegations in the complaint. Although there is a denial contained in the answer, the denial is not a specific one. It is general, which is an admission of all ellagations in the complaint. There must first be an answer in order to avail of Rule 34. If he has not, the proper judgement is by default.
RULE 35- SUMMARY JUDGEMENTS Partial Summary Judgement is merely an Interlocutory order A summary judgement must be a complete one, it should resolve all issues presented to the court for resolution. If it only decides part of the issues submitted to court, it is simply a partial summary judgement, it is merely an interlocutory order. This cannot be the subject of an appeal. It cannot be challenged by an appeal by the defeated party.
Demurrer to evidence in A Civil Case If the defendant wants to preserve his right to present evidence before the trial court, he must ask permission from the trial court before filing a motion for judgement on demurrer to evidence Prior leave of court is not necessary before the defendant could avail of demurrer Demurrer us always the product of a motion coming from a defendant. There is a need for a correlative motion from the defendant If the court dismisses the complaint for insufficiency A Criminal Case The accused simply goes ahead and files this motion for demurrer to evidence without first asking permission from the court, and the court denies his motion, he would lose the opportunity to present his evidence before the trial court If the defendant files demurrer and it is denied by the court, the defendant can still present his evidence before trial court The court can render a judgement motu proprio. If it believes that the prosecution is not adequate A judgment on demurrer cannot be assailed by
Rule 35 Sec. 1 Summary Judgement for claimant Sec. 2 Summary Judgement for defending party Judgement on the pleadings- on the motion of the Plaintiff Judgement on demurrer to evidence-on motion of Defendant Summary judgement-on motion of Either Parties If summary judgement is moved by plaintiff, the assumption is that the answer of defendant has already been filed. But if this is from the motion of defendant, the rule does not require that the defendant must have already filed his answer.
RULE 36- JUDGEMENTS, FINAL ORDERS & ENTRY THEREOF Rule 36, Sec. 1: Rendition of judgements and final orders If the judgement rendered by a court does not meet the essentials enumerated in Rule 36, which are also the essentials mentioned in the Constitution, that judgment is null and void. If the judgement is null and void, it could be the subject of a collateral attack.
Motion for judgement on the pleadings Must comply with the requirements of Rule 14 There must be a prior 3-day notice upon the adverse party. This also the same rule that governs a motion for judgement on demurrer to evidence.
Essential requisites of a valid judgement It is in writing, prepared, personally and directly by the judge, contains his findings of facts and his findings of law, signed by the judge and served and filed with the clerk of court, then that judgement is a valid one. If it is a valid judgement, it cannot be attacked collaterally. It can be attacked directly, not by reason of lack of its essentials in Rule 36, but by reason of some external factors like fraud, accident, mistake or excusable negligence.
Judgement upon Compromise Type of special judgment not treated independently by separate rules in the Rules of Court. This is already the subject of Title 14 of the Civil Code speaks about compromises and arbitration. It is a part of substantive law. Judgement on compromise is immediately executory. So upon the signing of the compromise agreement is final and executory. Once the parties enter into a compromise, it is a contract between them and has the effect of res judicata. There is nothing which will stop the contending parties from entering into a compromise agreement to put an end to their differences, even after a judgement has been rendered, whether by the inferior courts, by the CA or the SC. The parties can always change a decision rendered by a court of justice, even if that decision has become final and executory by the simple expedient of entering into a compound agreement. The judgement is considered novated when it is inconsistent or in direct conflict with the compromise agreement. This is a unique feature. The parties have the complete freedom to enter into a compromise at anytime for the purpose of putting an end to the litigation. The parties can simply enter into a compromise and then agree not to submit it to the court for its approval. Even if this stems from a litigation between the parties, even if a court does not render a judgement based on the compromise. Procedural advantage of judgement upon a compromise (entered into and submitted to the court for its approval). If there is breach of any of the conditions of the judgement approved by the court. The innocent party can always go to court, the innocent party can always go to court and ask for the execution of the judgement under Rule 39. Execution is possible because there is a judgement rendered by the court, which is immediately executory.
Can a judge decide a case which was fully heard by him In a sala where he was previously assigned? According to the old Judiciary Act, a trial judge who is permanently transferred from one court to coordinate court can validly decide a case that he has left behind as long he has fully heard the case. If the transferred judge only heard the case in part and the other portion was heard by the new judge, the parties could still agree between themselves submit to the old judge the case for decision. But if he is transferred to a higher court or leaves the judiciary permanently, then he no longer possesses the authority to render a decision of a case, although tried by him in full. The old Judiciary Act is still in force in so far as its provisions are not in conflict BP 129 (which does not cover this situation).
Are the judgements which are not strictly adjudication on the merits, but are considered as final orders or judgements? 1. Rule 17. Res judicata dismissal governed by the twodismissal rule, although it does not discuss the rights and liabilities of the parties as presented in the pleadings. Rule 36. A dismissal by reason of nulle prosequi or failure to prosecute is a final order of judgement Rule17. Failure of a plaintiff to obey an order of a court or to comply with the provisions of the Rules.
2. 3.
Several Judgements; Separate judgements Common Element-NOT Appealable Section 4. Several judgments. In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others. Section 5. Separate judgments. When more than one claim for relief is presented in an action, the court, at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim, may render a separate judgment disposing of such claim. The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims. In case a separate judgment is rendered the court by order may stay its enforcement until the rendition of a subsequent judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered. Not appealable because the judgement does not entirely dispose of the whole litigation. After rendition of this judgement, the court will still try the other matter submitted for decision. If the losing party desire to appeal from these judgements, the losing party must get permission from the trial court to carry out this appeal. If the losing party does not desire to appeal, he has to wait until the court finally renders the other decision that will dispose of the entirety of the case.
AVAILABILITY OF REMEDIES: Depends on Time Rule 37- available before a judgement becomes final and executory. Remedies are available during the existence of the period to appeal. Rule 38-available where the judgement has become final and executory. Nothing is mentioned in the rule about this but it also states that this remedy becomes available after the order or the judgement is entered, which is done after the lapse of the period to appeal, in other words, the assumption is that the judgement has become final and executory. Both 37 and 38 are prohibited under Summary Procedure SC: ;liberal interpretation of the Rules will allow us to consider the petition for relief (although improperly filed) as a motion for new trial. A motion for new trial and for relief from judgement are founded practically on the same grounds, which are fraud, accident, mistake and excusable negligence. The only difference is that in petition for relief from judgement, newly discovered evidence is not a ground.
RULE 37- NEW TRIAL OR CONSIDERATION Sec. 1: Grounds of and period for filing motion Within the period for taking an appeal, the aggrieved party may move the trial court to set aside the judgment or final order and grant a new trial for one or more of the following causes materially affecting the substantial rights of said party: (a) Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights; or (b) Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result. Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law. Section 2. Contents of motion and notice thereof. The motion shall be made in writing stating the ground or grounds therefor, a written notice of which shall be served by the movant on the adverse party. A motion for new trial shall be proved in the manner provided for proof of motion. A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in evidence. A motion for reconsideration shall point out a specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law making express reference to the testimonial or documentary evidence or to the provisions
Special Judgements Special kinds of jdugements which deserve particular attention by the Rules because their rendition does not necessarily comply with the procedure in the Rules of Court before a court could render a judgement. Judgement on demurrer to evidence, Judgement on the pleadings, and Summary Judgements
Reopening of a case SC: The remedy is not expressly recognized by the Rules of Court for civil cases. It is a product of practice or jurisprudence Statement not entirely accurate: In Summary Procedure, one of the prohibited pleadings is the reopening of cases; in CrimPro, court can reopen the case even if the accused has been convicted as long as the judgment of conviction has not become final and executory. Since it is not expressly recognized by the rules, no grounds could be determined. But according to SC, this should be done before the court renders a decision. It is available after the termination of the presentation of evidence, and the court has directed that the case is now submitted for decision.
Disadvantages of a Pro-Forma Motion 2nd motion for new trial: Sec. 5 There could be a second motion for new trial as long as this is founded on a ground different from that ground upon which the first motion for new trial has been founded. But there is an absolute prohibition against the filing of a second motion for reconsideration by the same party. If a defeated party files so, this will not interrupt the running of the period to appeal. But there is no prohibition to the filing of a second motion for reconsideration of an interlocutory order; only the filling of a second motion for final orders or judgements are prohibited. One can expect a denial. But the more serious consequence is that the pro forma motion will not interrupt the period to appeal. So it is possible that by the time the court denies the motion which is pro forma, the period for appeal would have already expired. Judgement will now be entered, it has become final and executory.
Sec. 6: Effect of granting of motion for new trial: effect of granting of motion for reconsideration If a new trial is granted in accordance with the provisions of this Rules the original judgment or final order shall be vacated, and the action shall stand for trial de novo; but the recorded evidence taken upon the former trial, insofar as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same. If the motion for reconsideration, then the court does not have to conduct a trial, it can simply amend the decision or the final order that it has rendered. When a decision is amended by the court, this is an entirely new decision. It supersedes the original decision. So a new period of a appeal will have to be given to the adverse party.
Fraud in Rules 37 &38 The rules do not expressly tells us what fraud these rules contemplate. But in Rule 37 there is a qualifying phrase which which says that it is a fraud which ordinary prudence could not have guarded against and which could probably impair the rights of a party. This refers to an extrinsic fraud. It is an act of dishonesty which prevents the other party from trying the case. The adverse party is not given a chance to appear in court and to present or prove his stand. An intrinsic fraud is that which ordinary prudence could guard against because it is a kind of fraud that is committed during the trial of a case. Lawyers are given the freedom to commit acts of intrinsic fraud during the trial of a case, because if all the acts committed by a lawyer will be made as a ground for new trial, the case will never end. One intrinisic fraud for the plaintiff could be neutralized by the intrinsic fraud committed by the lawyer for defendant. The discovery later on by the adverse party that one party has presented a forged doc or has presented in court perjured witnesses will not be a ground for new trial either under fraud or under newly discovered evidence.
Section 7. Partial new trial or reconsideration. If the grounds for a motion affects only part of the issues, or less than of the matter in controversy, or not all of the parties to it, the court may order a new trial or grant reconsideration as to such issues if severable without interfering with the judgment or final order upon the rest. Section 8. Effect of order for partial new trial. When less than all of the issues are ordered retried, the court may either enter a judgment or final order as to the rest, or stay the enforcement of such judgment or final order until after the new trial. (7a) Sec. 9: Remedy against order denying a motion for N/R The denial for a motion for N?R is not interlocutory: it is a final order. But it is not appealable. If a judgement is one on the merits, it is final in the sense that the issues are resolved by the court, one of the remedies available to the aggrieved party is to appeal from that judgement, without filing a motion for N?R. But if chooses to files such motion, and this is denied thereafter, he can appeal from the judgment itself as long as the period to appeal is still running.
Forgotten Evidence If the evidence was already available to a party and he was not able to present it through inadvertence or negligence of his counsel, that evidence will not be considered as newly discovered evidence. It will simply fall within that concept of forgotten evidence, which is not a ground for new trial. Newly discovered evidence- that which was not available to a party at the time of trial
Sec. 2: Contents of motion for N/R and notice thereof Pro Forma Motion.If a motion for N/R does not comply with the requirements in Rule 37, as welll as the requirements in Rule 15
To avail of Rule 38, there must be a final and executory judgement Usually, when a judgemnt has become final and executory, it becomes immutable, it cannot be changed by the courts. That is now the law between
Petition for relief is not available where appeal was not taken; Sec. 3: Time for filing petition: Contents and Verification Basic rule: if the aggrieved party had a chance to appeal but he failed to avail of this remedy, the petition for relief will not be available to him. The petiton for relief is not designed to revive the remedy of appeal which is lost through the inaction or negligence of the aggrieved party. The grounds for a petition for relief must be interpreted strictly- fraud, accident, mistake, excusable negligence and together with the time frame in Rule 38, within 60 days from notice and within 6months from entry of the final order. If the 6th month period from entry has already expired, a petition for relied cannot be entertained by the court anymore. After the expiration of the 6th month period, the only remedy left is for the annulment of a judgement.
Petition for relief is not an independent action but a continuation of the old case Rule 38 says that the petition for relief must be filed in the same case. So the same docket number is used by the court in deciding the case. And it must be filed with the same court that decided the case. The adverse party in this petition for relief if filed before an inferior court, cannot assail its jurisdiction.
No issuance of summons under Rule 38 Another proof that Rule 38 is not an entirely new and independent case. It actually precludes the issuance of a summons upon its filing. What the court does if it finds the petition to be sufficient in form and in substance is to issue an order directing the respondent to file a comment. If the respondent does not file a comment, he cannot be declared in default because, a petition for relief is not an independent action or a new one. The court willl simply proceed with the hearing of the petition to determine WON there is merit in the stand taken by the petitioner.
Section 7. Procedure where the denial of an appeal is set aside. Where the denial of an appeal is set aside, the lower court shall be required to give due course to the appeal and to elevate the record of the appealed case as if a timely and proper appeal had been made. Void judgements
Section 5. Preliminary injunction pending proceedings. The court in which the petition is filed may grant such preliminary injunction as may be necessary for the preservation of the rights of the parties, upon the filing by the petitioner of a bond in favor of the adverse party, conditioned that if the petition is dismissed or the petitioner fails on the trial of the case upon its merits, he will pay the adverse party all damages and costs that may be awarded to him by reason of the issuance of such injunction or the other proceedings following the petition, but such injunction shall not operate to discharge or extinguish any lien which the adverse party may have acquired upon, the property, of the petitioner.
Sin Pertuito Judgements, which on its face is a void judgement. One does not have to file a petition for relied. All one has to do is to attack the judgement right away, or if the judgement is sought to be implemented, it could be attacked collaterally. Judgement where there are no findings of fact and conclusions of law. If the court only writes the dispositive portion of the decision without correlative findings of law, on its face that judgement is null and voud.
Sec. 6: Proceedings after the answer is filed After the filing of the answer or the expiration of the period therefor, the court shall hear the petition and if after such hearing, it finds that the allegations thereof are not true, the petition shall be dismissed; but if it finds said allegations to be true, it shall set aside the judgment or final order or other proceeding complained of upon such terms as may be just. Thereafter the case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken. The court shall then proceed to hear and determine the case as if a timely motion for a new trial or reconsideration had been granted by it. In a petition for relief, the court is given discretion to dismiss the petition outright or to give it due course. If the court thereafter denies the petition or dismisses it, the denial is a final order. But it is not
RULE 39- EXECUTION, SATISFACTION AND EFFECT OF JUDGEMENTS Execution upon Judgements or Final Orders (Sec.1) This rule carries out into effect the rights of the victor in a civil action, the rights of the winning party. Execution and satisfaction of judgement do not always have to go togather. Like when a judgement debtor voluntarily pays the award to the judgement creditor. The issuance of a writ of execution is not a guarantee that the judgement will be satisfied. The execution of judgement is a mode to compel compliance of the award. Where there is voluntary compliance, there can be satisfaction of the judgement. What court will execute a judgement assuming that the case has been appealed from one higher court to another court?
Bar Notes on Civil Procedure (Dean J) Zyra C. The general rule is that it is the court of origin that Rule 39 does not fix the prescriptive period for the
should execute the judgment. The records of the case will have to be returned to the court of origin for the purposes of execution. In exceptional cases, the appellate court could issue a decision affirming the judgement appealed from, together with the affirmation, saying that such decision is immediately executory. So, it is ALWAYS the court of origin that will execute the judgement even if the case has undergone several appeals. There is a time lag that may enable the judgement debtor to hide his properties or to convey his properties in order to defeat the decision. But under Rule 39, once the decision of the appellate court has become final and executory, a certification that the judgement has been entered will be enough proof in so far as the trial court is concerned that it must execute the judgement. The trial court does not have to wait for the records to be returned to it before it could act favorably on a motion for execution.
execution of a final and executory judgement. But under the Civil Code, this period is a 10 years from the entry of judgement. The Rules of Court has divided this into two parts: For the 1st half, execute through a motion for execution, and then the 2nd half, the judgement could be executed through the filing of an independent action for the revival of the decision. The first five-year period is not really fixed, according to the SC. This could be extended if (1) the judgement-creditor fails to obtain the execution or (2) the court fails to issue a writ of execution and the delay is traceable to the fault or the conduct of the judgement-debtor. As long as there is a motion for execution filed within the 1st five years, the court can act on the motion, even after the expiration of the five-year period. What is important is that the judgement-creditor manifests his desire to aask for the execution of the judgement within the 1st five years
Under what grounds may the court properly deny or delay the execution of a final and executory judgement? Execution is a matter of right on the aprt of the winning party. The court has no power to delay or deny the motion. It is duty-bound to approve it. Unusual instances where the court of origin could properly deny the execution: (Where any of the ff. Is filed) 1. Motion to quash a writ of execution. 2. Where a petition for relief of judgement is filed, accompanied by a temporary restraining order of a writ of preliminary injunction. 3. By an act of Novation of a judgement by the parties -Even if a judgement has become final and executory, even if the principle of res judicata is already available to the contending parties, they are still given the freedom to novate it, so that it can no longer be enforced. It will be rendered moot and academic . -SC: The new arrangement and the decision of the court should really be in conflict with one another, that is, they cannot stand together. If the judgement has become final and executory, could the court of origin motu propio issue a writ of execution? No, it can only issue such upon motion by the winning party. A motion of execution should be served also upon the judgement-debtor, the aggrieved party, in order to provide him a chance to file an opposition to the granting of this motion. Is an order of the court granting or denying a motion for execution a final or executory order? Remedies of the adverse party. The granting of a motion is ministerial on the part of the court, the remedy of the judgement-creditor is to file a petition for mandamus, under Rule 65, to compel the performance of an act, which is purely ministerial. The granting of a motion for execution maybe treated as a final order, not merely interlocutory. But under Rule 41, there can be no appeal from an order of execution. Appeal will NOT turn out to be an effective remedy, because this will unduly delay the execution of a final & executory judgemnet. Execution by motion or by independent action (Sec.6) Judgement creditor should as for an execution within 5 years from entry of judgement. The judgement could not be executed through the filing of a motion but through an independent action, that is, before the lapse of the prescriptive period.
Revival of judgement under Sec. 6, in relation to Sec. 34 After the expiration of the five-year period, Sec. 6 talks about the enforcement of the decision through an independent action, jurisprudence calls the action as one to revive a judgement. Sec. 6 Sec. 34 Assumption that this is executed within the 1st five years None Present Could be carried out through... An independent action The filing of a mere motion in court The party who files is the motion is After the lapse of the fiveThe highest bidder during year period, the plaintiff is the public auction sale. the judgement-creditor Rationale: Because he is himself, or his assignee or deprived of the property he his successor in interests. has purchased at public auction. Execution of judgements for money, how enforced (Sec. 9) Execution of judgements for specific acts (Sec.10) Execution of special judgements (Sec.11) Can the judgement-debtor who refuses to comply with an award be cited for contempt? The manner by which these judgements could be executed would depend on the tenor of the dispositive portion contained in the court decision. Generally, if the judgement-debtor refuses deliberately to comply with an award given in a final and executory judgement, he cannot be cited in contempt of court. Contempt of court is not a remedy to enforce a judgement. Exceptional instance: In the provisional remedy of pendente lite. A judgement for support can never become final and executory. This can be changed anytime. Rationale: The entitlement of support on the part of the petitioner will depend on two factors: (1) the ability of the adverse party to give support and (2) the needs of the petitioner. Judgements not stayed by appeal (Sec.4) General rule: If a judgement is not yet final and executory, the court cannot execute a judgement. Exceptional circumstances: 1. Support 2. Receivership 3. Accounting 4. Injunction 5. Special civil action of Unlawful detainer and Forcible entry Discretionary Execution (Sec. 2)
Filing of a bond by the judgement-creditor is not a sufficient reason to justify The ability and willingness of the judgement-creditor to file a bond shall not be a special reason to justify the court in granting execution pending appeal. Otherwise, every creditor will now ask for execution simply because it is willing and able to file a bond. There must be a special reason that is given by the court in granting a motion for execution pending appeal. Stay of discretionary execution (Sec.3) A judgement-debtor is given a remedy in order to stop the execution. He may file as upersedeas bond, which will stop execution pending appeal. He cannot file an appeal from an order granting an execution. The remedy is Rule 65, to file a petition for certiorari or prohibition in order to set aside the order of the court allowing execution pending appeal. Satisfaction by levy (Sec.9b) When the award is for the payment of money, and judgement-debtor refuses to voluntarily satisfy the award, the remedy of the court and of the judgement-creditor is to compel the debtor by making a levy on the property of the judgementdebtor. A levy should always be accompanied by an auction sale of the property. If the levy is unlawful or void, the public auction sale will also be void, like when the properties are exempt from execution. Even if the properties are sold thereafter, the sale will also be void, the highest bidder at the public auction will not acquire any right whatsoever. So, a valid public auction sale presumes that the levy on the properties was also valid right from the beginnning. Levy on execution of Real Properties vs. Personal Properties Real Properties: The sheriff or the court will not actually take over physical possession of the real property. The sheriff will just go to the office of the Register of Deeds and annotate the fact that a certain levy has been made on the real property. Personal Properties: the sheriff will take over physical possession, the judgement-debtor will be deprived of the use and enjoyment of a personal property capable of manual delivery. Garnishment of debts and credits (Sec.9c) If the property of debtor is a bank account, there will be forced intervention. When the bank account of the judgement-debtor is garnished by the court, the bank in effect becomes a forced intervenor, the bank holding the deposit of the judgement-debtor is subject to further diposition of he case by the court. Auction sale of real and personal properties; Right of redemption Real property: There is always a right of redemption. Like when the price genterated during the public auction sale is unconscionably low. Personal property: The highest bidder cannot get the car if the court conisders the priice an unconscionably low. Time and manner of; and Amounts payable on; Successive Redemptions; Notice to be given and filed Redemption laws should always be interpreted liberally in favor of the judgement-debtor
Who may redeem real property so sold Aside from the judgement-debtor, other persons may also enjoy the right of redemption. Like, other creditors who hold a lien subsequent to that of the attaching creditor could also redeem the property, and the assignee of the judgement-debtor. Principle of successive redemption: there could be redemption one after the other, as long as the person who has last redeemed the property is not the judgement-debtor. The successive redemption could be had even after the expiration of the 1-year period of redemption. Judgement obligee as purchaser The judgement creditor could buy or participate in the auction sale of his debtors property. If he turns out to be the highest bidder, he is required to deliver the purchase price to the court. If the highest bid is equal to the amount of the claim, then there is really no more need for him to deliver the purchase price to the court. If the bid of the judgement-creditor is exactly the same as the award given to him, he may still be required to pay the purchase price if there is a third party claim by a third person. Immediate payment on demand (Sec.9, a) If there is going to be a peyment by check or delivery of cash, then that check should be made payable to the order of the judgement-creditor, not drawn payable to the order of the sheriff, or even drawn payable to the order of the cashier of the court. If there is payment by check, it must be drawn payable to the order of the creditor. And if the check is delivered to the clerk of the court, he should see to it that the funds are turned over the creditor within a very short period of time. But nonetheless, if the check is drawn payable to the order of the sheriff, and hell run away with the money, that will not be the fault of the creditor, the loss will be shouldered by the debtor. Independent action to revive a judgement under Section 6 may be filed in a court other than that which decided the case The independent action to revive a judgement will not necessarily be filed with the same court that decided the case. This should be filed with the RTC because this is a matter which is not capable of pecuniary estimation. Thus action is considered as a new one, which must satisfy also the requirement of venue in Rule 4, so that if the parties in the meantime, have changed their respective residences, then the independent action to revive the judgement must be filed in the place where the plaintiff or defendant now resides at the option of the plaintiff. A revived judgement will be treated as a new judgement. It can be enforced within the prescriptive period of 10 years under the Civil Code. Revived judgement- a new decision, there is no limit to the number of revivals that should be had concerning the same decision Proceedings where property is claimed by a third person (Sec. 16) Terceria, a third party claim. It is a claim submitted by a stranger to the case in the form of an affidavit telling the court that he has an interest, a title over the property that has been levied upon by the court.
2.
Can the 2nd court before which the complaint has been filed by the third party claimant issue a restraining order or a writ of preliminary injunction to stop the sheriff from selling the property? Yes, this will not be an undue interference. Because the levy by the sheriff over a property of a stranger is not a valid levy. For a levy to be valid, the property must belong to the judgement-debtor. If the property belongs to another person not involved in the litigation, the levy is not valid. The third party can always seek the recovery of his property even if this property has been sold at public auction to a highest bidder. The highest bidder cannot say that he is a buyer in good faith, because the sheriff will always be notifying these prospective buyers at public auction that there is a third party claim that has been filed with the court. There is always a notice of the existence of this hird party claim. The court which issued the writ of execution is without jurisdiction to resolve the issue of ownership Because this is not the issue that is raised in the pleadings between the parties. This is a matter that arises after the judgement has been entered, long after the judgement has become final and executory. Recovery of price if sale is not effective: revival of judgement (Sec.34) If the third party claimant succeeds in recovering the property in an action, the recourse of the highest bidder at the public auction sale is a motion for the revival of that judgement so that he can recover the purchase price that he has paid from the judgementcreditor. Or he could ask for the revival of the judgement in his own name, so that he will be stepping into the shoes of the original judgement creditor. Right of redemption can be the subject of levy on execution Redemption is a property right and it can be conveyed by the judgement-debtor. It could also be the subject of a levy on execution, but not by the same attaching creditor. If the attaching creditor is allowed to impose a levy on the debtors right of redemption, in effect we are going to negate the idea of giving a redemption to the judgement-debtor. Execution of judgements for specific act Since the award is only for the delivery of real property, the court will simply issue an order directing the defendant to vacate the property and turn over the possession thereof to the judgementcreditor. If the judgement-debtor refuses to vacate the property, this is not a ground for contempt. All that the court will do is to tell the sheriff to throw out the judgement-debtor off the premises. Personal property-sheriff will get hold of it and deliver it to judgement-creditor Examination of judgement obligor when judgement is unsatisfied (Sec.36) Additional remedies, where there is levy on execution but the sheriff reports to the court that the judgement has not yet been satisfied in full. 1. Examination of the judgement-debtor by the court. This pertains to inquiries as to the income and other
3.
Effect of judgements or final orders (Sec. 47) Res judicata is a principle that bars the filing of a subsequent case by the same party against the same party founded on the same cause. This a public policy principle: when a judgement has become final and executory, it becomes immutable. Even if it is clearly erroneous, it can no longer be changed by the court. Clarificatory judgements Rendered by the court even after the judgement has become immutable, with the purpose of explaining any doubt or ambiguity that appears in the original decision of the court. Is there a conflict between the principle of res judicata and an independent action to revive a judgement or to annul a judgement under Rule 47? In an independent action to revive a judgement will not violate the principle of res judicata. Identity of causes of action will not be satisfied because the cause of action or the subject matter is the revival of a dormant decision. It is different from the cause of action in the first case. In an action to annul a judgement, no violaion of principle of res judicata. There is no identity of causes of action. The purpose in a petition to annul a judgement is to set aside or to annul a judgement that is voidable, so that the court could declare it void. Essential elements of res judicata 1. There must be a competent court- a court with competent jurisdiction over the subject matter and over the person of the parties. Its the entirety of the jurisdiction, over the subject matter and over the person of the parties. 2. The decision must be an adjudication upon the merits. The court is expected to render a decision resolving the issues presented in the pleadings or in the pre-trial order as the case may be and the decision is based on the evidence presented by the parties. There may be orders which do not fall within the concept of adjudication of merit which could also be constured as falling within the concept of res judicata, as long as these orders become final and executory. Sec. 47. Effect of judgments or final orders. The effect of a judgment or final order rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows: (a) In case of a judgment or final order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or status of a particular person or his relationship to
(b) In other cases, the judgment or final order is, with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing and under the same title and in the same capacity; and
(c) In any other litigation between the same parties or their successors in interest, that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
Sec. 48. Effect of foreign judgments or final orders. The effect of a judgment or final order of a tribunal of a foreign country, having jurisdiction to render the judgment or final order is as follows:
(a) In case of a judgment or final order upon a specific thing, the judgment or final order is conclusive upon the title to the thing; and
(b) In case of a judgment or final order against a person, the judgment or final order is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title. In either case, the judgment or final order may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact. RULE 40- Appeal From MTCs to the RTCs Appeals is not a Constitutional Right It is a statutory right, so SC could fix a rule that in certain instances, there will be no appeal taken from certain judgements or final orders. Rule 41: general rule is that from a final order or judgement, there could be an appeal except in instances where the law or the SC has declared that no such right exists. So in Rule 41, there are several instances where a final order is declared to be not appealable, but the appropriate remedy is Rule 65. Erroneous Appeal vs Improper Appeal Erroneous Appeal Improper Appeal The mode of appeal taken The mode of appeal taken by the appellant is not the by the appellant is the correct mode correct mode BUT he raises the wrong issue that could be decided by the appellate court Like when the mode of Like an appeal to the SC appeal authorized by the which should be taken by Rules is a petition for a petition for review on review, but the appellant certiorari, but he raises
When to appeal: Sec.2 The period to appeal depends on WON the only requirement is a notice of appeal OR there is an additional requirement of a record on appeal. There are certain cases cognizable by an inferior court, which if appealed would require a record on appeal. The period is 30 days. If the only requisite is the filing of a notice of appeal, 15 days only. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. Material Data Rule This requires the appellant to state in his notice of appeal and in the record on appeal, that the appeal was perfected on time. He has to state when the decision or final order was received, so that it will be very convenient on the part of the appellate court to determine WON the appeal was indeed timely perfected. Notice of Appeal Notice of Appeal The filing of a motion for the extension of the period to file it is prohibited It is a very simple document, just one page. It simply tells the court of origin that the appellant is appealing the decision to the RTC. vs. Record on Appeal Record on Appeal The filing of a motion for the extension of the period to file it is allowed It could be volominous, preparation will take some time. This will copy all the pleadings submitted by the parties, as well as all the relevant motions and orders issued by the court. It will also include the decision itself rendered by the court.
1. 2. 3.
Duration of the excercise of residual powers depends on the mode of appeal taken 1. Ordinary appeal- residual jurisdiction continues to be possessed by the trial court until the records are transmitted to the appellate court. 2. Petition for Review-residual jurisdiction of the RTC continues to exist until CA gives course to the petition for review. Appeal from orders dismissing case without a trial: Lack of Jurisdiction Sec.8 If an inferior court dismisses a case filed before it for lack of jurisdiction, this dismissal is a final order. The remedy of plaintiff is to appeal by notice of appeal to the RTC. Case is Dismissed Without a trial on merits - RTC may affirm or reverse it, as the case may be. -if it agrees with the order of inferior court, and the ground of dismissal is lack of jurisdiction over the subject matter, the RTC must try the case, this time excercising its ORIGINAL, not appellate jurisdiction. - in case of reversal, the case shall be remanded for further proceedings. Case is Dismissed With trial on the merits Same thing but, without prejudice to the admission of amended pleadings and additional evidence in the interest of justice. If the inferior court dismisses a case filed before it for lack of jurisdiction, how can the plaintiff resort to the remedy of ordinary appeal, considering that in Rule 41, a final order which dismisses a case without prejudice is not appealable? The remedy according to Rule 41 is to file a petition for certiorari under Rule 65. So, there is now a conflict between Rule 40&41. In Rule 40, it is provided that when there is a conflict when it comes to decisions and final orders rendered by an inferior court, it is Rule 40 that will prevail.The foregoing principle will only apply to RTCs in Rule 41
Contents of Record on Appeal 1. The full names of all the parties to the proceedings 2. The judgment or final order appealed from 3. In chronological order, copies of pleadings, petitions, motions and all interlocutory orders related to the appealed judgment or final order 4. Data as will show that the appeal was perfected on time. 5. If an issue of fact is to be raised on appeal, then also include by reference all the evidence, testimonial and documentary. Appellate court docket and other lawful fees If a notice of appeal is submitted but the appellate court docket fee is not paid on time, the appeal is not proper, and this is a ground for dismissal. The reason is that this payment is a matter of jurisdiction, it is similar to the payment of docket fees in the filing of a complaint. Excercise of Residual Jurisdiction by the inferior courts There is nothing mentioned in Rule 40 about this. BUT an inferior court likewise possesses residual jurisdiction in the same manner that a RTC excercises residual jurisdiction over appealed cases. The justification for this is found in Rule 41, although it is entitled Appeal from a RTC. It is expressly
General Rule: An appeal by one party benefits that party alone Exceptions: If the interests of all the defendants are intwertwined, or cannot be separated, the favorable decision will not only benefit the appellant, but also his co-parties who did not perfect an appeal. It is different from Rule 9, because the general rule there is that if the court decides in favor of the answering defendant, this judgement will also be beneficial to defaulting defendants.
3. Appeal by certiorari In all cases where only questions of law are raised or
involved, the appeal shall be to the SC by petition for review on certiorari in accordance with Rule 45.
Petition for review: Rule 41, Sec. 2 Form and Contents: Rule 42, Sec. 2 If the RTC renders a judgement which affirms the decision of the trial court, the remedy of appeal is the second mode, or the Petition for Review to be filed before the CA.
Effect of Failure to Comply with Requirements The failure to comply with any of the requirements regarding the payment of the docket and other lawful fees, the deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof. Action on the Petition: Sec. 4 CA may require the respondent to file a comment on the petition, NOT a motion to dismiss, within 10 days from notice, or dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too insubstantial to require consideration. Due Course: Sec. 6
If upon the filing of the comment or such other pleadings as the court may allow or require, or after the expiration of the period for the filing thereof without such comment or pleading having been submitted, the Court of Appeals finds prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the appealed decision, it may accordingly give due course to the petition.
Perfection of Appeal; Effect thereof: Sec. 8 Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner. RTC loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties. However, before the Court of Appeals gives due course to the petition, the RTC may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal, and allow withdrawal of the appeal. Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final order unless the Court of Appeals, the law, or these Rules shall provide otherwise. Submission for decision: Sec. 9 If the petition is given due course, CA may set the case for oral argument or require the parties to submit memoranda within 15 days from notice. The case shall be deemed submitted for decision upon the filing of the last pleading or memorandum. Rule 43- Appeals from CTA & Quasi-Judicial Agencies to CA General Proposition: Decisions of quasi-judicial bodies are not appealable to the SC, but the CA. CTA is now co-equal and coordinate with the CA.
Could we properly file a petition for the annulment of judgement rendered by CA, to be filed before SC? BP 129 and the Consti mentions nothing about the propriety of a petition to be filed with SC for the purpose of annulling or setting aside a final and executory judgement of CA. Differences between a Petition to Annul a Judgement Judgement filed Judgement filed with RTC with CA RTC is not given discretion Can be dismissed WON to entertain the petition. outright by the CA. It is given the discretion If there is a defect in the WON to entertain the petition, it is up to the petition, like when it respondent to point out these says that it does not errors to RTC. have merit RTC may motu proprio dismiss a petition using the grounds under Rule 9: res judicata, litis pendencia or prescription What RTC can do to an ordinary civil action, it can also do the same to such petition When it gives due course to the petition, CA should treat it as if it were an ordinary civil action. If it gives due course, CA will be bound to issue a summons to the respondent It is required to consider the petition as a mere ordinary civil action. It will be the duty of the clerk of court to issue right away a summons issued to defendant
RULE 44- Ordinary Appealed Cases Title of Cases: Sec. 1: In all cases appealed to CA under Rule 41 the title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. Counsel and Guardians: Sec. 2
The counsel and guardians ad litem of the parties in the court of origin shall be respectively considered as their counsel and guardians ad litem in the Court of Appeals. When others appear or are appointed, notice thereof shall be served immediately on the adverse party and filed with the court.
Docketing of the case: Sec 4 Any unauthorized alteration, omission or addition in the approved record on appeal shall be a ground for dismissal of the appeal Extension for the filing of briefs
Not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended.
Contents of Appellants Brief: 1. The assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively; 2. "Statement of the Case"- statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy 3. "Statement of Facts" a statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto 4. The issues of fact or law to be submitted, to the court for its judgment; 5. The appellant's arguments on each assignment of error 6. Relief Contents of Appellees Brief: Sec 14 1. Statement of facts, where he states that he accepts the statement of facts in the appellant's brief 2. "Counter-Statement of Facts"- point out such insufficiencies or inaccuracies 3. "Argument," on each assignment of error Questions that may be raised on appeal: Sec. 15
Coverage: Sec. 1 Annulment by the Court of Appeals of judgments or final orders and resolutions in civil actions of RTCs which the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available, but not due to fault of the petitioner Grounds for Annulment: Sec. 2 The annulment may be based only on the grounds of extrinsic fraud and lack of jurisdiction. Extrinsic fraud shall not be a valid ground if it was availed of, or could have been availed of, in a motion for new trial or petition for relief. Period for Filing Action: Sec. 3 If based on extrinsic fraud, the action must be filed within 4 years from its discovery; If based on lack of jurisdiction, before it is barred by laches or estoppel. Filing and contents of Petition: Sec. 4 Commenced by filing a verified petition which particularly alleges the facts and the law relied upon for annulment, as well as those supporting the
Action by the court: Sec. 5 If the court finds no substantial merit in the petition, the same may be dismissed outright with specific reasons for such dismissal.
Should prima facie merit be found in the petition, the same shall be given due course and summons shall be served on the respondent. (n)
Procedure: Sec. 6 The procedure in ordinary civil cases shall be observed. Should trial be necessary, the reception of the evidence may be referred to a member of the court or a judge of a RTC Effect of Judgement: Sec. 7 A judgment of annulment shall set aside the questioned judgment or final order or resolution and render the same null and void, WITHOUT PREJUDICE to the original action being refiled in the proper court. However, where the judgment or final order or resolution is set aside on the ground of extrinsic fraud, the court may on motion order the trial court to try the case as if a timely motion for new trial had been granted therein. Suspension of Prescriptive Period: Sec 8 The prescriptive period for the refiling of the original action shall be deemed suspended from the filing of such original action until the finality of the judgment of annulment. However, the prescriptive period shall not be suspended where the extrinsic-fraud is attributable to the plaintiff in the original action. Annulment of judgments or final orders of Municipal Trial Courts: Sec. 10 An action to annul a judgment or final order of a MTC shall be filed in the RTC having jurisdiction over the former. It shall be treated as an ordinary civil action Basis of Rule 47 in giving RTC the authority to annul a judgement rendered by inferior court (given that BP129 does not mention anything about the vesting of this power) RTC is a court of general jurisdiction, so any case involving annulment of judgement rendered by an inferior court is an action which is not assigned to any other court, so this is cognizable by RTC by virtue of its being a court of general jurisdiction. So annulment of judgement could be filed wither with CA or RTC, but the decision when it comes to the CA should be the one that has been rendered by RTC. But whenit is before the RTC where the petition is filed, the decision sought to be annulled should be that which was rendered by an inferior court Islamic Dawah vs. CA