Civil Procedure Reviewer Rule 15: MOTIONS Motion application for relief other than by pleading Cannot pray

y for judgment EXCEPT: 1. Motion for Judgment on pleadings 2. Motion for Summary Judgment 3. Motion for J on Demurrer to Evidence Requirements: 1. In writing EXCEPT made in open court (hearing/trial) Motion for continuance Motion to Strike out answer of witness Hearing of motion - EXCEPT when court may act w/o prejudicing to adverse party. Notice of hearing a. Addressed to all parties concerned b. Specify time and date of hearing not later than 10 days after filing Hearing and notice must be served in a way to ensure receipt by the other party 3 days before trial. EXCEPTIONS to 3 day rule: a. Ex-parte motion b. Urgent motions c. Short period agreed upon by parties d. Motion for summary judgment at least 10 days before hearing Proof of Service

6.

Cause of action is barred by prior judgment( res judicata) or statute of limitations 7. Pleading states no Cause of action from facts alleged 8. Claim in the pleading has been paid, waived, abandoned, Extinguished 9. Claim is unenforceable under statute of frauds 10. Condition precedent 4 filing claim has not been complied w/ 11. Presciption if complaint shows on its face Hearing of Motion evidence presented shall automatically be part of the evidence of the party presenting the same Resolution of the motion - state clearly and distinctly the reason 4: 1. Dismiss the action or claim 2. Deny the motion balance of pd. to file answer(> 5days) *Reiterate affirmative defenses in answer(deemed waived) 3. Order amendment of the pleading w/in pd. to file answer from receipt of amended pleading, UNLESS court provides a longer period No Refiling if dismissal is: Remedy, appeal 1. Res judicata or statute of limitations(prescription) 2. Claim in the pleading has been paid, waived, abandoned, Extinguished 3. Claim is unenforceable under statute of frauds If no motion has been filed, the grounds may be pleaded as affirmative defense in the answer. A hearing may be had at the discretion of the court as if a motion was filed.

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Contents: 1. Relief sought to be obtained 2. Grounds upon which it is based 3. Affidavits & other papers if required by RoC or necessary to prove facts alleged therein Motion day - Friday afternoon, EXCEPT requiring immediate action Omnibus Motion motion that attacks a pleading, order, judgments, or proceedings Omnibus Motion rule shall include all objections, otherwise, deemed waived Motion for leave accompanied by the pleading or motion sought to be admitted Form: 1. Caption 2. Designation

Remedies: 1. Improper venue ask for prelim. hearing for improper venue 2. No J over defendant serve summons 3. States no cause of action amendment 4. No capacity to sue amend, otherwise, cure capacity 5. Precedent compliance actual compliance then amend Types of dismissal of action 1. Motion to dismiss before answer 2. Motion to dismiss: a. Upon notice by plaintiff b. Upon motion by plaintiff c. Due to fault of plaintiff 3. Motion to dismiss on demurrer to evidence 4. Dismissal on appeal Requisites of Litis Pendentia 1. Identity of parties substantial 2. Substantial identity of cause of action 3. Judgment in one case renders res judicata in another case Requisites of Res Judicata philosophy is that parties should not be allowed to litigate the same issue more than once. 1. 2. 3. Previous final judgment Proper jurisdiction by court rendering judgment over the subject matter and the parties Identity of subject matter, parties and cause of action

3. Signature 4. Other matters of form

Kinds of Motion 1. Motion ex-parte because question not debatable 2. Motion of Course remedy sought is a matter of discretion of the court 3. Litigated motion to give opportunity to oppose 4. Special Motion addressed to the court discretion RULE 16: MOTION TO DISMISS before filing an answer Disrupts period to file responsive pleading Not a responsive pleading Grounds: 1. Court has no Jurisdiction over the defending party 2. Court has no Jurisdiction over the subject matter 3. Venue is improperly laid 4. Plaintiff has no Legal Capacity to sue 5. There is another action pending between the same parties for the same cause (Litis Pendentia)

Res Judicata w/o trial 1. Judgment on pleadings 2. Summary judgment 3. Order of dismissal Kinds of Dismissal 1. Without prejudice refile complaint 2. With prejudice appeal 3. Grant is interlocutory certiorari and prohibition

If there is a counter claim, DO NOT FILE MtoDismiss, instead file ANSWER w/ counterclaim as affirmative defense. If case is dismissed, file a separate action for the counterclaim. Dismissal is w/o prejudice to counterclaim

Grounds: 1. failure to appear on date of presentation of evidence in chief of the compliant 2. failure to prosecute for an unreasonable length of time 3. failure to comply w/ RoC or any order of the court order of dismissal silent, deemed with prejudice failure to appear at trial after presentation of evidence is a mere waiver of right to cross-examine and not a ground for dismissal

Contents: 1. Questions of facts present evidence 2. Questions of law present arguments

Failure to state cause of action Insufficiency of allegations raised in a motion to dismiss At earliest stage of action

Lack of cause of action Insufficiency of factual basis for action Raised at any time After resolving questions of fact

Two-dismissal Rule notice of dismissal may operate as an adjudication of the case upon the merits when filed by plaintiff who has once dismissed in a competent court an action based on or including the same claim

Lack of legal capacity to sue not in the exercise of civil rights Not have necessary qual. to appear Not have character he claims

Lack of legal personality to sue Not the real-party in interest Ground for dismissal: states no cause of action

RULE 18: PRE-TRIAL a MANDATORY conference and personal confrontation before the judge bt. the parties and their counsel. Preliminary Conference pre-trial proper When: after filing and serving of last pleading or expiration of period Who: plaintiff moves ex-parte to set case for pre-trial Nature: mandatory Purposes: 1. Possibility of amicable settlement or other modes of dispute resolution a. Arbitration voluntary dispute resolution by arbitrators b. Mediation mediator facilities negotiation c. Conciliation d. Early neutral evaluation parties&lawyers in pre-trial phase e. Mini-trial merits of case are argued before a panel f. Any combination, like mediation-arbitration 2. Simplification of issues 3. Necessity or desirability of amendments to pleading 4. Possibility of obtaining stipulations/admissions of facts & docus to avoid unnecessary proof 5. Limitation of # of witnesses 6. Advisability of a preliminary reference of issues to a commissioner 7. Propriety of rendering judgment on the pleading, or summary judgment, or of dismissing the action on valid grounds 8. Advisability or necessity of suspending the proceeding 9. Other matters for prompt disposition of the action Notice of pre-trial to COUNSEL, or if there none, to party Non-Appearance is excused only when: 1. There is valid cause, AND 2. A representative appears with authority in writing to: a. Enter into an amicable settlement b. Submit to alternative modes of dispute resolution c. Enter into admissions/stipulations of facts & docus Motion for reconsideration for non-appearance FAME Effects of failure to Appear on Pre-trial (Remedy: Motion for Recon) 1. Plaintiff dismissal with prejudice unless otherwise provided 2. Defendant allow plaintiff to present evidence ex-parte & court to render judgment on the basis thereof Pre-trial Brief (3 day rule) must strictly be complied Contents: 1. Willingness to enter amicable settlement indicating terms 2. Summary of admitted facts & proposed stipulations of facts 3. Issues to be resolved 4. Docus to be presented, stating their purpose 5. Manifestation to avail discovery procedures/referral to commissioners 6. # and names of witnesses and substance of their testimony

Prescription Concerned w/ fact of delay A matter of time statutory Applies to law Based on fixed time

Laches Concerned w/ effect of delay A matter of equity Non-stautory Applies to equity Not based on fixed time

RULE 17: DISMISSAL OF ACTIONS 1. Dismissal upon notice by plaintiff requires COURT ORDER confirming dismissal matter of right before a. Service of answer b. Motion for summary judgment Dismissal is without prejudice, EXCEPT: 1. Notice of dismissal states it to be w/ prejudice 2. Plaintiff has dismissed previously the same case in a court with competent jurisdiction (TWO DISMISSAL RULE) Applies to counterclaim, cross claim or 3 party complaint. If there is no responsive pleading or M for summary J, notice shall be before introduction of evidence at the trial Dismissal upon motion of plaintiff Generally without prejudice EXCEPT if provided in the motion to dismiss or the order of the court Subject to discretion of the court and upon such terms and conditions as may be just W/o prejudice to counterclaim (compulsory / permissive); defendant may manifest preference to resolve in the same case (w/in 15 days) A class suit shall not be dismissed or compromised w/o court approval Dismissal due to fault of plaintiff - Upon motion of defendant or courts own motion - w/o prejudice to prosecute counterclaim - effect of adjudication upon the merits (res judicata), unless otherwise declared
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Manifestation to avail of discovery procedure Available trial dates of counsel Failure to file pre-trial brief has SAME EFFECT as failure to appear at pre-trial.

Remedy for granting of intervention: 1. Certiorari improper granting of intervention RULE 20: CALENDAR OF CASES Clerk of court shall keep calendar of cases with preference to 1. habeas corpus, 2. election, 3. special civil cases & 4. those reqd by law Assignment shall be done by raffle in open session afford interested parties opportunity to present RULE 21: SUBPOENA process directed to a person requiring him to attend and testify at the hearing, or any investigation conducted by competent authority, or the taking of his deposition. Subpoena ad testificandumattend and to testify: 1. at the hearing or the trial of an action 2. at an investigation conducted by competent authority 3. for taking his deposition Subpoena duces tecum - a process directed to a person requiring him to bring books, docus, or other things under his control Subpoena to prisoner must be for valid purpose, with permission of court where his case is pending; if prisoner sentenced w/ death, LI, or RP shall be subpoenaed ONLY w/ authority of the SC. Who issues: 1. court before whom the witness is required to attend 2. court of the place where deposition is to be taken 3. officer or body authorized by law in connection with an investigation conducted by said body 4. justice of the SC or SC in any cases or investigation pending w/in the Phil. Contents: 1. Name of the court 2. Title of the action or investigation 3. Directed to the person whose attendance is required 4. For duces tecum, shall contain reasonable description of the books, docus or things demanded How to Quash Subpoena Duces Tecum: 1. Motion promptly made 2. Proof that: a. unreasonable or oppressive b. Relevancy of the books, docus or things does not appear c. There is failure to advance the reasonable cost of prod n d. Witness fees and kilometrage allowed by the Rules were not tendered when subpoena was served How to Quash Subpoena ad Testificandum: 1. The witness is not bound thereby 2. Witness fees and kilometrage allowed by the Rules were not tendered when subpoena was served How served: 1. Personal service of summons 2. Substituted service of summons a. b. Original is exhibited while copy is delivered to the person tendering him the fees for one days attendance and kilometrage, EXCEPT f issued by or on behalf of the RP or an officer or agency thereof. Must be made to allow reasonable time for preparation and travel If Subpoena duces tecum, tender reasonable cost of production of books, docus, or other things

Order issued after Pre-trial recites in details: 1. Matter taken up in the conference 2. Actions taken thereon 3. Amendments allowed to the pleadings 4. Agreements or admissions made by the parties Limits the issues to be tried Contents shall control the subsequent course of the action, UNLESS modified before trial to prevent injustice.

Mediations: 1. Court Annex Mediation proceeding for which the parties will enter into mediation proceedings 2. Judicial Dispute Resolution Proceedings taken if all mediation fails: 1. Referral to clerk of court for preliminary conference 2. Continuation of the pre-trial by the judge Pre- trial order after termination of pre-trial conference Contents: reciting details on 1. Matters on pre-trial conference 2. Actions taken on the matters 3. Amendments allowed in the pleadings 4. Agreements/admissions made by parties 5. Defining and limiting the issues Shall control the subsequent course of action * second pre-trial is void; but if with consent of parties, its validity cannot be challenge RULE 19: INTERVENTION with leave of court a. Complaint-in-intervention b. Answer-in-intervention Not allowed in land registration case Who may intervene? A person who: 1. Has interest in the subject matter in litigation 2. Has interest in the success of either of the parties 3. Has Interest against both parties 4. Is to be adversely affected by a distribution or other disposition of property in the custody of the court. Must be actual, direct or material When: before rendition of judgment, EXCEPT if intervenor is an indispensable party: anytime, even during appeal How: 1.

motion to intervene attaching pleading-in-intervention a. complaint-in-intervention claim against parties answer to filed in 15days fr notice admitting the same b. answer-in-intervention unites w/ defending party 2. serve on the original parties

Requisites of Intervention: 1. Whether intervention will unduly delay or prejudice the adjudication of the rights of the original parties 2. Whether the intervenors rights may be fully protected in a separate proceeding 3. Has legal interest in the (who above) Remedies for denial of intervention: 1. Appeal 2. Mandamus grave abuse of discretion

c. d.

A person present in court may be required to testify as if he was called by subpoena

RULE 23: DEPOSITIONS PENDING ACTION Deposition a written testimony of a witness given not during trial or hearing upon oral examination or written interrogatories and where an opportunity is given for cross-examination. Purpose: means to compel disclosure of facts resting in the knowledge of a person which is relevant in the proceeding. When may be taken: 1. with leave of court a. after obtaining jurisdiction over defendant/property subject of the action - before service of answer by plaintiff - if after answer, no need for leave, notice to make depo b. person confined in prison, on terms as court prescribes 2. without leave of court a. after an answer has been served, testimony, whether a party or not may be taken at the instance of any party, by oral exam or written interrogatories. Deposition may be taken upon order of the court for good cause shown

Failure to appear before court issuing subpoena: 1. If willful and without justifiable cause a. Warrant for the arrest of the witness, plus b. pay cost of warrant and seizure 2. if without adequate cause in contempt of court When witness not bound by subpoena: 1. witness resides 100 km from place where to testify by ordinary course of travel 2. if detention prisoner, no permission from court where his case is pending 3. prisoner sentence to death, RP, or life imprisonment & confined in a penal institution consent of SC Viatory Right right not to be bound by the subpoena residing 100 km from place of trial. How to compel witness invoking viatory right? 1. Take it not more than 100 km from his place 2. With reasonable notice to every other party 3. Proof of service of notice to clerk of court at place of deposition 4. Clerk shall issue the subpoena 5. Subpoena to be served on the witness

Scope of deposition: any matters relevant Manner of taking deposition: 1. oral examination give reasonable notice in writing to every party state time and place name & address of each person to be examined if not known, general description sufficient to identify or group or class to which he belongs 2. written interrogatories propounded by deposition officer submitted to deposition office adverse party must submit cross-interrogative(10days) re-direct interrogatory (5 days to serve) re-cross (3days) Record of Examination: 1. Put witness under oath 2. Record testimony of the witness 3. Taken stenographically Objections to the deposition proceeding shall be noted When Deposition may be Used: 1. at the trial 2. upon the hearing of: a. motion b. interlocutory proceeding Refusal to answer a question, the one propounding must obtain court order directing the deponent to answer, IF NOT ANSWERED yet, will be cited in DIRECT CONTEMPT

Rule 22: Computation of Time exclude the day of act or event and include the day of performance if last is Saturday, Sunday, or legal holiday in the place where court sits, time shall be the next working day. in case of interruption, time starts from day after notice

Rules of Discovery Discovery disclosure of facts resting in the knowledge of the defendant, or is the production of deeds, writings or things in his possession or power, in order to maintain the right or title of the party asking it, in a suit or proceeding. Purpose: to enable the parties to obtain the fullest possible knowledge of the issues and evidence long before the trial to prevent such trial from being carried on in the dark. Modes of Discovery intended to be cumulative & not alternative or mutually exclusive NOT MANDATORY but failure to avail carries sanctions 1. deposition pending action 2. deposition before action or pending appeal 3. interrogatories to parties 4. admission by adverse party 5. production or inspection of docus or things 6. physical and mental examination of person Depositions of witness may be taken even if such witnesses will be presented during the trial. Deposition outside the country may be refused if evidence sought would only be corroborative or cumulative. Deposition upon Written inte. May be a party or not Taken before an officer Written Interrogatories Only adverse party may answer Simply answer in writing & under oath

Before whom taken 1. w/in the Phil. a. any judge b. notary public c. any person authorized to administer oath, at stipulation of the parties foreign country a. on notice before a secretary of embassy/legation, consul gen., consul, v-consul, or consular agent of RP b. before person appointed by commissioner or under letters rogatory only when necessary & convenient c. any person authorized to administer oath, at stipulation of the parties

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Shall not be taken before th 1. relative w/in 6 degree by consanguinity/affinity 2. employee/counsel of any of the parties 3. relative w/in same degree or employee of such counsel 4. financially interested in the action Purpose of Deposition: 1. To contradict/impeach a witness credibility of a witness is destroyed by a prior contradicting statement(confront a lying witness) 2. for any purpose admission, proof of facts 2.1 by an adverse party deponent is a party deponent, at time of taking depo, was an officer, director, etc. of a public/private corp., partnership, or asso. which is a party 2.2 by any party witness is dead resides more than 100km from place of trial, or is outside the Phil., unless it appears that his absence is procured by the party offering deposition witness is unable to attend or testify because of age, sickness, infirmity, or imprisonment party offering deposition has been unable to procure attendance of witness by subpoena exceptional circumstances, in the interest of justice If only a part of the deposition is offered as evidence, adverse party may require the introduction of all which is relevant. Effect of substitution of parties: depositions previously taken may be used in another action involving: 1. same subject 2. same parties, or representatives, or successor in interest Objections to admissibility: may be made at trial or hearing to receive evidence Effects: 1. taking a deposition does not make him a witness 2. using deposition a. if used in impeachment does not make the deponent his own witness b. if used other than impeachment - makes the deponent a witness of the party introducing the deposition If deponent is of the adverse party, deposition is for admission but not become your witness, deponent is not bound by his other statements. Objections before the deposition shall be submitted to the court

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unless the ground of objection is 1 w/c might have been obviated / removed if presented at that time. As to oral examination waived unless reasonable objections is made during taking of deposition As to form of written interrogatories waived unless served in writing upon the party propounding w/in time allowed As to manner of preparation waived unless a motion to suppress the deposition after such defect is ascertained.

Against whom to be used: To any person who: 1. Was present at the taking of the deposition 2. was represented at the taking of the deposition 3. had due notice of the taking of deposition Deposition upon Written interrogatories: served with notice to all parties within: a. 10 days to serve cross interrogatories b. 5 days to serve re-direct c. 3 days to serve re-cross

RULE 24: DEPOSITIONS BEFORE ACTION OR PENDING APPEAL Purpose: to perpetuate the testimony of a witness for future use Nature of Deposition here is: 1. taken conditionally, used at trial only if deponent is not available 2. do not prove existence of a right 3. testimony is not conclusive for existence of right nor facts 4. can be controverted at trial EXCEPT, if not objected to, the testimony is prima facie proof of facts Petition may be filed by any person who: 1. wants to perpetuate his own testimony 2. wants to perpetuate the testimony of another person may be availed of ONLY in civil cases Contents: 1. entitled in the name of the petitioner 2. shall show: a. petitioner expects to be a party but is unable to bring it b. subject matter of the expected action & his interest c. facts desired to be established and his reasons why d. names/descriptions of expected adverse party & their addresses e. names & addresses of persons to be examined & substance of their testimony 3. ask for order authorizing petitioner to perpetuate the testimony of the persons named therein. Notice and Service 1. serve notice to each person named therein as expected adverse party together with a copy of petition stating that the petitioner will apply for the order described therein 2. notice be served 20days b4 hearing to(as in summons): a. parties b. prospective deponents if court finds that the perpetuation of testimony may prevent failure or delay of justice, it shall make order: 1. designating the persons whose deposition may be taken 2. specifying subject matter of examination 3. whether deposition may be taken by oral exam or written interrogatories

When to file Motion to terminate/limit examination: 1. Any time during the taking of deposition 2. On motion of any party or deponent 3. Upon showing that the deposition is: a. in bad faith b. unreasonably to annoy, embarrass, or oppress deponent or party if ordered to terminate, shall resume upon order of court where case is pending upon demand of the objecting party or deponent, shall be suspended Effect of error & irregularities in deposition 1. As to notice waived unless written objection is served upon party giving notice 2. As to disqualification of officer waived unless made b4 deposition begins or as soon as disq. becomes known 3. As to competency & relevancy of evidence NOT waived by failure to make them b4 or during the taking of deposition

Use of deposition (here): 1. admissible in evidence 2. may be used in any action involving same subject matter

DEPOSITIONS PENDING APPEAL (after/before taking appeal) Use: in the event of further proceedings in the COURT OF ORIGIN or APPELLATE COURT RULE 25: INTERROGATORIES TO PARTIES addressed to the other party Purpose of WRITTEN interrogatories: to elicit facts from any adverse party (answers may be a judicial admission) Failure to serve written interrogatories, cannot make him a witness during trial Vagueness in evidentiary facts must be thru written interrogatory not bill of particulars When may be taken Sec 1, Rule 23: 1. with leave of court a. after obtaining jurisdiction over defendant/property subject of the action - before service of answer by plaintiff - if after answer, no need for leave, notice to make depo b. person confined in prison, on terms as court prescribes 2. without leave of court a. after an answer has been served, testimony, whether a party or not may be taken at the instance of any party, by oral exam or written interrogatories. When to file answer to interrogatories: 1. w/in 15 days after service 2. UNLESS the court extends/shorten the time upon: a. motion & b. for good cause answer to interrogatories may be basis of summary judgment Interrogatories vs. Bill of particulars st 1 : seek disclosure of matters of proof & may be made part of the record of evidence nd 2 : seek disclosure only of matters w/c define the issues & become part of the pleading Objections to interrogatories: w/in 10 days after service thereof, with notice as in the case of motion. Answers shall be deferred until objections are resolved, which shall be at the earliest possible time. Number of interrogatories: only 1 set, for succeeding sets, must ask leave of court Scope: any matters relevant ( Sec 2, Rule 23) Use: ( Sec. 4, Rule 23) 1. contradicting/impeaching a witness 2. for any purpose Effect of failure to serve written interrogatory: 1. cannot be compelled to give testimony in open court 2. cannot be compelled to give deposition pending appeal EXCEPT: court allows for GOOD CAUSE and to prevent a failure of justice Deposition upon written interrogatories Party or ordinary witness W/ intervention of the officer authorized to take deposition Direct, cross, redirect, re-cross No fixed time Interrogatories

RULE 26: ADMISSION BY ADVERSE PARTY When made: any time after issues have been joined (after responsive pleading have been served) Written request for admission Purpose: to expedite trial and relieve the parties of the costs of proving facts which will not be disputed on trial & the truth of w/c can be ascertained by reasonable inquiry. What may include: 1. admission of the genuineness of any material & relevant docus 2. admission to the truth of any material & relevant matter of fact 3. a matter of fact not related to any docus may be presented to the other party for admission/denial Matters to consider: a. request must be served on the party, not only to counsel b. counsel may answer the request for admission c. no need of second denial d. it is the law, not the court, that determines the consequences of failure to make / allow discovery. Request for admission vs. Actionable document 1 : proper when genuineness of an evidentiary docu is sought to be admitted. If not denied under oath, deemed admitted. nd 2 : a copy of actionable docu must be attached to the complaint. If not denied under oath, genuineness & due execution is impliedly admitted. Effect of failure to make a reply to a request for admission: Deemed admitted Remedy: file motion to be relieved of the consequences of implied admission Admission 1. Effect: admission is for the purpose of the pending action ONLY and cannot be used in other proceedings. 2. Withdrawal: express/implied, upon such terms as may be just * Failure or refusal to request admission of facts is prevented from thereafter presenting evidence thereon, UNLESS allowed by court. * Request must be served on the party, not to the counsel, but counsel may answer for the request for admission * No need for 2 denial of the request * It is the law, not the court, that determines the consequences of failure to make or allow discovery. Commission inst. issued by a court of justice or competent tribunal, to authorize a person to take depositions, or any other act by such authority of court or tribunal Letters rogatory - inst. in the name & by the authority of a judge or court to another, requesting the latter to cause be examined, upon interrogatories filed in a cause pending before the court or judge, a witness within jurisdiction of the judge or court to whom such letter is addressed.
nd st

As deponent As procedure

to to

Party only No intervention. Written interrogatories are directed to the party himself Only 1 set of interrogatories 15 days to answer unless extended or reduced by the court

As to scope Interrogatories

Commission Addressed to office designated

Letters rogatory Addressed to judicial authority in a foreign country Issued after commission is returned unexecuted

RULE 27: PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS - Affords more opportunity for discovery than a subp. duces tecum Application: 1. Rule - only to pending action, upon motion 2. Documents & things only those w/in the possession, control, or custody of a party Use of Order: not for dragnet or any fishing expedition 1. To produce & permit inspection & copying or photographing 2. To permit entry upon property in his possession for (above)

RULE 29: REFUSAL TO COMPLY WITH MODES OF DISCOVERY Refusal to answer: 1. Oral Examination / Interrogatory Examination is adjourned or completed on other matters Apply for order to compel an answer a. Application Granted Refusal w/0 substantial justification - Pay expenses in obtaining the order, including attys fees b. Application Denied Application filed w/o substantial justification((party &/or counsel) - Pay the refusing party amt. of expenses including attys fees After the being directed by court: contempt of court Subject matter of the questions asked be deemed established Refuse disobedient party to support / oppose claims / defenses Prohibit him from introducing evidence Striking out his pleadings or parts thereof Staying further proceedings until order is obeyed Dismissing the action or proceeding or any part thereof Rendering judgment by default against disobedient party Arrest of the disobedient party or his agent EXCEPT order to submit to a physical / mental examination.

Petition for Prodn of papers & docus: they must be sufficiently describes & identified, otherwise, petition cannot prosper. Documents to be produced: 1. Should not be privileged 2. Should constitute evidence material to the action 3. In the possession, custody, or control of the party ordered Prodn / Inspn of Docus/Things Essentially a mode of discovery Rules is limited to the parties to the action Order is issued only upon motion w/ notice to the adverse party Subpoena Duces Tecum Means of compelling prodn of evidence Directed to a person whether a party or not May be issued upon an ex-parte application

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* it must specify w/ particularity the docus to be produced * cannot compel prodn of privileged matters, including trade secrets

Willful Failure to attend or serve answers: Consequences Despite due notice 1. Strike out his pleadings or parts thereof 2. Dismiss the action or proceeding or any part thereof 3. Enter a judgment by default against that party 4. in the courts discretion, order to pay reasonable expenses including attorneys fees ( not to be imposed upon RP)

RULE 28: PHYSICAL & MENTAL EXAMINATION OF PERSONS (pending action, in the courts discretion) When may be ordered: When mental (guardianship) or physical (physical injuries) condition of a party is in controversy Not covered by physician-patient privilege (made public) Requisites for an Order for P&M Exam: 1. Motion filed a. Must Good cause for examination b. Shall specify the time, place, manner, conditions,& scope of examination and persons by whom it is made 2. Notice to the party to be examined & to all other parties Report of Findings If the party examined request a copy of the result of the examination, the party causing the examination shall be entitled, upon request, to the previous & subsequent report about the mental & physical condition of the person examined. If party examined refuses to deliver, the court on motion & notice may make an order, and if physician fails or refuses to make such report, the court may exclude his testimony if offered at trial. Waiver of Privilege By requesting or obtaining a report of the examination, the party examined waives the privilege he may have in that action or any other involving same controversy, regarding the testimony of persons who examined or may examine him in respect to same physical or mental examination.

RULE 30: TRIAL judicial process of investigating and determining the legal controversies, starting with the plaintiff introducing evidence and ending with his closing arguments. General Rule: Decisions on issues should not be made w/o trial, EXCEPT: 1. Judgment on the pleadings 2. Summary judgment 3. Judgment on compromise 4. Judgment by confession 5. Dismissal with prejudice, order of dismissal 6. Judgment on stipulation of facts 7. Judgment governed by Summary procedures Notice of Trial: ensure the receipt at least 5 days before trial date Adjournments and Postponements: Gen. Rule: may be from day to day, at any stated time, as the expeditious & convenient transaction of business may require. LIMITATIONs: 1. No power to adjourn for a longer period than 1month each 2. No power to adjourn for a longer period than 3months in all EXCEPT: when authorized in writing by the SC Requisites of motion to postpone trial Grounds: A. ABSENCE of Evidence 1. Motion for postponement stating such ground 2. Affidavit showing a. Materiality or relevancy of such evidence b. Due diligence has been used to procure it.

No postponement of trial when: adverse party admits the facts to be given in evidence, even if he objects or reserves right to object to its admissibility B. ILLNESS of party or counsel 1. Motion for postponement stating such ground 2. Affidavit or sworn certification showing that: a. Presence of party / counsel at the trial is indispensable b. His illness renders his non-attendance excusable An attorney handling 2 cases set at same trial date and time may postpone one if were set without his consent.

Gen. Rule: Judge must personally receive & resolve evidence HOWEVER: delegation may be made: 1. In default or ex-parte proceeding, or agreement by parties 2. Reception shall be made only by the clerk of court a. who is a member of the Phil. Bar. b. who shall have no power to rule on objections to any questions or to admission of evidence c. shall submit his reports & transcripts of the proceedings, plus objections to be resolved by the court, within 10 days. * Parties may agree upon the facts involved and submit for judgment: 1. must be in writing 2. not allowed in: a. legal separation b. annulment of marriage c. declaration of nullity of marriage - no judgment by default - no judgment of pleadings - no summary judgment - no judgment upon confession - no judgment upon compromise - no judgment upon stipulation of facts Receipt of Evidence: only by judge; may be delegated to clerk of court who is a member of the bar but cannot: 1. resolve objection 2. cannot make findings of facts

Order of trial Plaintiff presents evidence

Def. presents evidence to support his defense/counterclaim/cros rd s claim/3 party complaint

Defendant files demurrer to evidence

3 party defendant presents evidence, if any

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If court grants motion: renders dismissal

If court denies
motion: continues with the hearing

RULE 31: Consolidation upon motion of party, several actions having common question of law or fact may be jointly tried. Discretionary upon the court EXCEPT: 1. Cases are pending before same judge 2. Cases are filed w/ different branches same RTC & 1 of such cases has NOT been partially tried.

Rebuttal evidence by parties

After presentation of evidence: 1. Oral arguments 2. Submission of memoranda

Decision

Requisites for Consolidation: 1. Involves common question law or fact 2. Pending before same court IF filed with DIFFERENT court, authorization from SC Ways of Consolidation 1. Recasting the cases already instituted 2. Consolidating existing cases 3. Hearing only the principal case, suspending others until judgment is rendered in the principal case (TEST-CASE METHOD) Consolidation of cases on appeal assigned on different divisions of SC& CA may also be authorized.

NOTE: the trial shall be limited to the issues stated in the pre-trial order, UNLESS the court, for special reasons, otherwise directs. Reverse Order of Trial defendant presents evidence first, as when defendant relies upon an affirmative defense in his answer. Stipulation of facts agreement made in writing of the facts involved in the litigation and submitted for judgment without introduction of evidence. Must not be contrary to law, morals, good customs, public order and public policy. NOT PERMITTED in ANNULMENT of marriage & LEGAL SEPARATION Statement of Judge should be recorded in stenographic notes for the appreciation of appellate court Suspension of actions: Art 2030 of Civil Code: every civil action shall be suspended: 1. If willingness to possible compromise is expressed by 1 or both 2. If before the commencement of the action 1 party offered a possible compromise but was refused.

Purpose: 1. Avoid multiplicity of suits 2. Guard against oppression or abuse 3. Prevent delay 4. Clear congested dockets 5. In short, the attainment of justice w/ the least expense and vexation to the parties litigants Severance a single action having a number of claims, rd counterclaims, cross-claims, 3 -party complaints, or issues may be separately tried.

RULE 32: TRIAL BY COMMISSION can make findings of facts & law & make rule on objections even if not a lawyer. Sworn in witnesses Issue subpoena Reference to commisioner 1. By written consent of the parties - commissioner is agreed upon by parties or appointed by court 2. Irregularity on appointment must be raised seasonably in trial, but can be waived by consent, express or implied. Ordered on motion no consent of parties a. Examination of a long account b. Taking of an account is necessary c. Question of facts, other than upon the pleading arises d. Carrying a judgment or order into effect

B. -

Motu Propio by the court If court finds that a judgment is proper at the pre-trial

EXCEPTIONS to judgment on Pleading: 1. Annulment of marriage 2. Legal separation 3. Declaration of nullity of marriage 4. Rule in default * Only plaintiff is entitled to judgment on pleadings

RULE 35: SUMMARY JUDGMENT (10-day notice) Granted by the court where there exists NO GENUINE issue as to any material fact, EXCEPT as to amount of damages. Cannot be entered into motu propio When filed: 1. Plaintiff after the answer has been served and issues have been joined 2. Defendant before or after filing answer Judgment is possible even with a pending 3 party complaint Judgment is still possible even if the movant is the defending party; actual, moral, exemplary & attys fees are awarded When there are disputed facts, the issues cannot be tried by mere affidavits.
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Commissioner whom a case is referred to take testimony, hear parties & report to court; whose report judgment is rendered. Includes referee, auditor and an examiner Powers of Commissioner defined in the order 1. Regulate the proceedings before him 2. All acts & all measures necessary for the efficient performance of duties 3. Issue subpoena & subpoena duces tecum 4. Swear witnesses 5. Rule upon admissibility of evidence, unless provided in the order Disobedience to a subpoena issued by commissioner contempt of court

Bases of Summary Judgment: 1. 2. 3. 4. Affidavits made on personal knowledge rd Depositions of the adverse party or a 3 party Admissions of the adverse party Answers to interrogatories; all intended to show that: a. No genuine issue as to any material fact, except damages which must always be proved b. The movant is entitled to a judgment as matter of law

Upon filing of the report of the commissioner: 1. Parties shall be notified by the clerk 2. 10 days to object to findings of the report Objections to them report grounds which were available to the parties during the proceedings before the commissioner shall not be considered by the court, UNLESS they were made before the commissioner.

Hearing upon the report w/in 10 days after issuance of the report Stipulations of findings when parties stipulate that findings shall be final, only questions of law shall be considered after.

Requirements: 1. Motion for summary judgment 2. With affidavits, depositions, or admissions to show no genuine issue Partial Judgments - not appealable because it is interlocutory; only when all issues are resolved

Summary judgment RULE 33: DEMURRER TO EVIDENCE When: after presentation of evidence by the plaintiff and rests, Ground: upon motion for insufficiency of evidence (claimant is not entitled to relief) Effects: 1. If denied defendant has right to present evidence 2. If granted dismiss If reversed on appeal - losses right to present evidence (waived) Based on pleadings, depos, admissions & affidavits Available to both Plaintiff & defendant

Judgment on the pleadings Based solely on the pleadings Available to Plaintiff, UNLESS defendant counterclaims answer fails to tender issue or admission of material allegation 3-day notice required On the merits Available in any action, EXCEPT annulment/legal separation

Judgment by default Based on complaint and evidence(if required) Available to plaintiff

No genuine issue

No issue as answer filed

no

RULE 34: JUDGMENT ON PLEADING (3 day-notice) When: defendant failed to tender an issue or admits material allegations (express admission/implied- failure to deny) A. On motion by the claimant party when: Waives claims for unliquidated damages Remedy: claims must be alleged and proved 1. Answer fails to tender an issue a. General denial of the material allegations b. Insufficient denial of the material allegations 2. Admits the material allegations in the complaint

10-day notice required May be interlocutory or on merits Available on actions: -recover a debt -liquidated sum of money -declaratory relief

3-day notice required On the merits Available in any action, EXCEPT annulment/legal separation

RULE 36: JUDGMENTS, FINAL ORDERS, & ENTRY THEREOF Judgment final consideration & determination of a court of competent jurisdiction upon the matters submitted to it in an action. Finality of Judgment upon entry of judgment & expiration of period to appeal Memorandum Decision a decision w/c adopts by reference the findings of fact & conclusions of law contained in the decision of an inferior tribunal. (rendered only by appellate tribunal) Sin Perjuico Judgment judgment w/o a statement of the facts in support of its conclusion & is to be supplemented later by the final judgment. (void because no statement of facts & law based upon) dismissal w/o prejudice to its being re-filed Requirements: 1. 2. 3. 4. 5. In writing Personally and directly prepared by the judge Stating clearly & distinctly facts & law on w/c it is based Signed by the judge Filed with the clerk of court

Final Order 1. Judgment or order 2. Appealable 3. Only one motion for reconsideration 4. May lapse into finality (immutability of judgment) When judgment is considered rendered: filing of signed decision Several judgments rendered against one or more defendants but not against all, where proceedings continue against the others Requisites for several judgments: Liability is clearly separable & distinct from his co-parties Judgment to each will not necessarily affect the others

1. 2.

Separate judgment judgment on each and every claim Judgment on Entity w/o Juridical Personality Remedies against Judgment 1. New Trial or Reconsideration 2. Relief from Judgment, Orders, or Other Proceedings RULE 37: NEW TRIAL OR RECONSIDERATION no motion for extension of time to file If timely filed, may toll the reglementary period If pro forma only, does not toll RP Pro-forma Motion no affidavit of merit No reference to testimonial & documentary evidence No reference to provision of law alleged & reasons thereof When: within period to file an appeal, filed with same case Who: the aggrieved party Where to file: court that rendered judgment Grounds for New Trial: 1. FAME (fraud is extrinsic) a. Ordinary prudence could not have guarded against b. By reason of which the his rights have been impaired 2. Newly discovered evidence a. Discovered after trial b. Could not have been discovered & presented at trial even with reasonable diligence c. Of Would probably alter the result if presented Requirements for New Trial 1. Verified motion 2. Affidavit of merit 3. For newly discovered evidence, affidavit of the witness or authenticated copy of the document Grounds for Reconsideration: 1. Award of excessive damages 2. Insufficient evidence to justify decision 3. Decision is contrary to law Motion for New Trial an omnibus motion; a 2 motion may be filed on ground not available at first 1. Deny the motion 2. Set aside judgment and grant a new trial Not appealable, has a fresh period within which to appeal nd 2 motion may be allowed, if not existing nor available during st 1 motion Effects of Grant of New Trial: 1. Original judgment is vacated 2. Action shall stand for trial de novo 3. Material & competent evidence shall be used at the new trial without retaking the same.
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if no motion or appeal for new trial or recon is filed w/in 15 days, judgment or final order shall be entered by clerk in the book of entries of judgment. Date of finality shall be deemed date of entry 5 years period to enforce judgment from date of entry Petition for relief from judgment 6 months

Judgment upon a compromise on the basis of a compromise agreement entered into between the parties. Immediately executory in the absence of a motion to set aside on ground of fraud, mistake, etc. Judgment by confession when a party expressly agrees to other partys claim or acknowledges the validity of the claim against him. 2 kinds of judgment by confession: 1. 2. By cognitive actionem defendant instead of entering a plea, confessed that cause of action is just & rightful By confession relicta verification after pleading & before trial, defendant both confess and withdraw his plea/other allegation

Judgment upon the merits after consideration of evidence Clarificatory Judgment to clarify ambiguous judgment Judgment non pro tunc(now for them) to enter into the record acts already done Conditional judgment effectivity depends upon occurrence or non-occurrence of an event Promulgation process by w/c decision is made known to the public, or delivered to CoC for filing, with notice to parties/counsel Memorandum decision decision of appellate court adopting findings of the trial court Interlocutory Order 1. Disposing an incident in the case but not the entire case 2. Cannot be appealed from 3. No limit as to number of MR ( 1MR Rule) 4. Order can be changed

Motion for Reconsideration: motion to extend not allowed 1. Deny the motion 2. Amend the judgment nd No 2 motion for recon is allowed a judgment or final order nd 2 motion may be allowed in interlocutory order When to resolve? 1. MTC/RTC within 30 days from time of submission for reln 2. CA 90 days fr time it declares submission for resoln 3. SC not applicable Effect of denial of MR or MNT 1. Not appealable 2. Remedy: appeal from the judgment/final order Motion to Re-open Trial filed before rendering a judgment for the reception of further evidence for the interest of justice which is discretionary upon the courts * Motion for Recon is not required as a condition precedent for an appellate review but REQUIRED in cases of custody of minors, declaration of nullity or annulment of marriage.

Petition for Relief allowed only under exceptional circumstances of FAME Can be availed of only if other remedies are not available an affidavit of merit serves as the jurisdictional basis for the court to entertain petition for relief. But it is not a fatal defect to deny the petition so long as the facts required to be set out appear in the verified petition. Preliminary injunction pending proceedings may be granted to preserve rights of the parties, upon filing of a bond in favor of adverse party. But shall not discharge any lien the adverse party may have acquired upon the property. Not a proper case Transferor pendent lite has the legal personality to file petition

RULE 39: EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS Execution remedy to enforce a final judgment To whom issued: against a party

RULE 38: RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS Applies only to MTC and RTC When: after judgment has become final & executory Grounds: FAME, petition praying that such judgment be set aside Time to Avail: 1. within 60 days from knowledge of judgment 2. not more than 6 months from entry of judgment Where to File: in same case, same court that rendered judgment Subject: judgment, final order, or any order denying an appeal Forms and Contents: 1. must be verified 2. must be with affidavit showing the FAME 3. affidavit of merit with facts of good & substantial cause When affidavit of merits is not necessary: 1. no jurisdiction over the defendant 2. no jurisdiction over the subject matter 3. judgment was taken by default 4. judgment was entered by mistake or by fraud 5. other similar case Two Hearing Rule: 1. to determine whether judgment shall be set aside 2. on the merits of the case Remedy for an Appeal taken out of time: Petition for relief to give due course to appeal Motion for New Trial Before judgment becomes final Applies to final orders or judgments only Grounds: FAME & newly discovered evidence Filed within 15 days Remedy when denied: appeal from judgment Legal remedy No need for verification Petition for Relief from Judg. After finality of judgment Applies to final J, final order & proceedings Grounds: FAME 60 days; 6 months No more appeal Remedy in equity Must be verified

Where to file motion for execution 1. Trial court that rendered judgment 2. If appealed from to the court of origin thru motion of judgment obligee with: a. Certified true copy of the final order sought to be enforces b. Entry of judgment or final order Writ of Execution judicial writ issued to an officer authorizing him to execute judgment Essential Requisite: must conform to the decision or judgment Kinds of Execution 1. Compulsory Execution as a matter of right, upon J/FO 2. Discretionary Execution execution pending appeal or exceptional execution How to stay: file supersedeas bond, or resort to certiorari GEN. RULE: Execution cannot issue on interlocutory order EXCEPT on an order for support pendent lite. Deterioration of vessel is a good ground for execution of judgment A corporation which obtained favorable judgment cannot move for execution on ground of impending bankruptcy. CA cannot order execution pending appeal of its own decision Judgment cannot be confined on its face but extends to those necessary thereto.

Final Order one that disposes of the whole subject matter or terminates a particular proceeding, leaving nothing to be done but to enforce by execution what has been terminated Interlocutory Order one that does not dispose of a case completely, but leaves something more to be done upon its merits. Effect of timely appeal: stays the judgment, EXCEPT (immediately executory) 1. Injunction 2. Receivership 3. Accounting 4. Support 5. Judgment against defendant under ejectment cases 6. Judgments by QJA, appealable to CA Effect of reversal of execution judgment: restitution/reparation

Modes of Enforcing a Final Order not applicable in land registration case and other special proceedings 1. 2. Motion within 5 years from date of entry of judgment Action to revive judgment after lapse of 5 years but within 10 years before it is barred by statute of limitations (prescription) After lapse of 5 years, execution may be granted by mere motion if agreed upon by parties Suspension of the 5 or 10 year period i. By agreement of parties ii. Institution of proceedings supplementary to execution iii. Delay was caused by debtors initiative Levy on sale validly made maybe within 5 years but not after 10 years Judgment for support does not prescribe or become dormant, and maybe executed by motion, but accrued support may prescribe.

Remedies of a 3 Party claimant (cumulative-cannot claim >1) 1. File 3 party claim(terceria) by making affidavit: a. showing his title or right of possession, b. grounds of such title or right c. serve upon the sheriff and a copy to the judgment oblige Sherriff is not bound to keep the property unless J creditor posts a bond equal to value of property rd Husband is a 3 party claimant over a conjugal property levied against his wife 2. 3. if judgment obligee filed a bond, file action against the bond w/in 120 days from date of filing of bond file separate action to vindicate claim over the property Appeal or certiorari is not available since not a party Intervention is only before judgment Prior filing of terceria is not necessary in filing separate action
rd

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Remedy when writ of execution is denied by trial court: 1. Mandamus (ministerial duty) 2. If the case was appealed and finally resolved, file a motion to the appellate court to direct the trial court to issue writ Instances where a writ of execution may not be issued: 1. Supervening events subsequent to the judgment which makes the execution inequitable 2. No compelling urgency for the execution for not being justified by the circumstances 3. Where judgment has become dormant failure to have the judgment executed within 5 years from entry Requisites of Execution Pending Appeal 1. Motion by the prevailing party w/ notice to adverse party 2. Good reason for the execution pending appeal a. Appeal was for delay b. Support is urgent c. Insolvency of the judgment debtor d. But, posting a bond is not a good reason, only on actual or compensatory damages, but not on award of moral & exemplary damages 3. The good reason must be stated in a special order Where to file motion for execution pending appeal? 1. Trial Court a. Has jurisdiction over the case and in possession of original records/records on appeal b. Lost jurisdiction but prior to transmission of records 2. Appellate Court a. Trial court has lost jurisdiction

Right of redemption not available to personal property, only real exercised within 1 year from registration of cert. of sale Who can redeem? 1. Judgment obligor no further redemption from him allowed 2. Redemptioner creditor having lien by virtue of attachment, judgment, or mortgage on the property sold, or some part thereof, subsequent to the lien under which the property was sold. A redemption of another redemptioner must be within 60 days from last redemption Period of Redemption 1 yr from registration of sale, if agreed on difeerent period, legal redemption becomes conventional redemption. Income during this period belongs to the J obligor Possession shall be given to redemptioner or purchaser rd UNLESS 3 party is holding adverse to J obligor During period of Redemption 1. Income shall belong to the judgment obligor 2. Judg. obligor is entitled to possession and not reqd to pay rent Reasons for Failure to Recover possession by Purchaser 1. Irregularities in the proceedings concerning the sale 2. Judgment has been reversed or set aside 3. Property is exempt from execution rd 4. 3 person has vindicated his claim over the property Remedies of the Purchaser in Cases Above 1. Recover price from oblige thru: a. Separate action b. Motion on same action 2. On motion, revive the original judgment in his name against the judgment obligor for the whole price plus interest Steps in Execution of a Final and Executory judgment 1. 2. 3. 4. 5. File motion for execution with the trial court Trial court issues order of execution Clerk of court issues writ of execution Sherriff enforces execution by levying properties Sheriff causes posting & publication of notice of sale with copy to the judgment obligor 6. Sheriff conducts sale on date, time & place specified 7. Sheriff issues certificate of sale 8. Certificate of sale is registered with Register of Deeds 9. Redemption of property w/in 1 year from registration of cert of sale 10. If no redemption, issue final certificate of sale (conveyance &possession)

An execution pending appeal may be stayed by filing supersedeas bond which shall be approved by the court.

Execution in case of death of Party 1. 2. Judgment Obligee who dies enforced upon application of his executor/administrator/successor in-interest Judgment Obligor dies enforced against his administrator/executor/successor in interest, if judgment be for recovery of real/personal prop or interest thereon Judgment obligor dies after execution is actually levied upon any of his property, the same may be sold for satisfaction of the obligation. Third-party claimant one who claims title to, or right of possession of the property levied upon by the sheriff

3.

Judgments for Money: How enforced 1. Immediate payment upon demand a. Cash, certifies bank check payable to J oblige or any other form acceptable to him b. Deliver directly to J oblige or representative if present or if not, to clerk of court within same day No need to give J debtor time to raise cash because the prop might be in danger of loss 2. Satisfaction by levy a. Judgment debtor has option to choose b. If not exercised, sheriff shall choose personal then real rd 3. Garnishment of debts and credits in possession of 3 persons a. Notice b. Garnishee submits report w/in 5 days stating sufficient credits w/ him. If not sufficient, state amt. in possession c. Notice to deliver to J creditor win 10 days from notice If more than 2 garnishee, choice belong to debtor, if not, Cr Judgment for specific acts: how enforced 1. Conveyance, delivery of deeds, or other acts vesting title Maybe done by another party if party disobeyed Conveyance maybe ordered by the court Contempt is not a remedy 2. Sale of real property 3. Delivery or restitution of real property a. Demand to vacate w/in 3 working days b. Place J creditor in possession 4. Removal of improvements on property Only upon Special Order, after filing motion, hearing and after reasonable period given to party affected Maybe effected beyond 5 yr period as long as notice was served within 5 yr period 5. Delivery of personal property Execution of special judgment Writ of execution with certified copy of decision Failure to obey, punishable by contempt Garnishment is not available for enforcement Effect of Levy on Execution as to 3 parties rd Creates lien binding against 3 person subject to existing lien Properties exempt from execution 1. Family home/homestead 2. Ordinary tools in trade, employment, livelihood 3. 3 horses, cows, carabaos or beast necessarily used in ordinary occupation 4. Necessary clothing, articles for ordinary personal use 5. Household furniture not exceeding 100k 6. Family or individual provision for 4 months 7. Professional lib & equipt not exceeding 300k 8. 1 fishing boat and accessories not to exceed 100k 9. Salaries for his personal service w/in 4 mos. Preceeding levy for support for his family 10. Lettered gravestone 11. Life insurance proceeds 12. Right to receive support, gratuity from government 13. Properties exempt by law Does not apply for recovery of the price of the article or upon judgment upon foreclosure of mortgage thereon. Return of Writ w/in 30 days, report every 30 days Notice of Sale on Execution 1. Posting in 3 conspicuous places(m/city hall, public mkt, post office a. Personal P reasonable time(perishable), others(> 5 days) b. Real P 20 days posting Publication (if assessed value is > 50k) 1s a week for 2 consecutive weeks
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2.

Written notice to judgment debtor Posting and publication is essential to validity of sale

Remedy of judgment obligee 1. Post a bond rd 2. Sue the 3 party in same/separate action for being a rd frivolous or spurious 3 party claim. How property is sold: by public auction Refusal of purchaser to pay: resale at public auction or court can order him to pay, otherwise, contempt Conveyance to purchaser 1. Personal Property capable of manual delivery 2. Personal Property incapable of manual delivery Certificate of sale 3. Real property Certificate of sale merely a memorial fact of sale and does not confer ownership. Final deed of sale executed after expiration of redemption period is the effective conveyance Motion to vacate the sale remedy against irregular sale, filed in same court and in same case Redemption no redemption in judicial sale of personal properties Right of redemption may be sold, but cannot be attached by J creditor Case filed to fix redemption money toll expiration of redemption period if done in good faith and redemption money is consigned. Satisfaction of Judgment 1. 2. 3. 4. Upon return of execution satisfied Filing admission of entry of satisfaction of judgment Upon indorsement of such admission on the face of the record of judgment Upon order of the court upon notice and motion

Judgment against Surety 1. 2. 3. Principal is bound from time he had notice Cross claim maybe filed by surety when both are sued If principal is sued only, he has no action against surety

Effects of Judgment Against a specific thing conclusive as title of the thing Probate of a will or administration of the estate of a deceases conclusive as to will or administration Only prima facie evidence of death of testator/intestate 3. Personal, political, legal condition or status of a person Conclusive as condition, status or relationship 1. 2.

Bar by former judgment Identity of parties, subject matter & cause of action st 1 judgment is an absolute bar to all matters directly adjudged & those that might have been adjudged

Conclusiveness of judgment Only identity of parties and subject matter st 1 judgment is conclusive only as to matters adjudged & nd actually litigated. 2 action can be prosecuted.

Law of the case a rule that when an appellate court passes on a question and remands the case to the lower court for further proceedings, the question there settled becomes the law of the case subsequent appeal.

Foreign judgment 1. Cannot be enforced by execution 2. Merely creates a real action 3. May be repelled by want of jurisdiction, notice, collusion, fraud or clear mistake of law or fact. 4. Effect: a. J against a thing- conclusive against the thing b. Personal J only a presumptive evidence of a right

Modes of Appeal 1. Ordinary appeal a. By filing a notice of appeal b. By filing notice of appeal and record on appeal when reqd Special proceedings Other cases of multiple or separate appeals (contempt proceedings are not among these cases) 2. Petition for review under Rule 42 & 43 3. Petition for review on Certiorari under Rule 45 Contents of Notice of Appeal from MTC 1. Parties to the appeal 2. Judgment or final order or part thereof appealed from 3. Material dates showing timeliness of appeal Serve adverse party a notice if RTC, on appeal, reverses the decision of MTC for lack of jurisdiction it must revert back to MTC for further proceedings Contents of Notice of Appeal from RTC 1. Parties to the appeal 2. Specify judgment or final order or part appealed from 3. Specify the court to which appeal is being taken 4. Material dates showing timeliness of appeal Serve adverse party a notice Motion for recon or new trial is not a precondition to perfection of appeal, EXCEPT: (15 days from notice of J) 1. Cases of custody of minors and writ of habeas corpus in relation to custody of minors 2. Annulment of voidable marriages, declaration of absolute nullity of void marriages, and legal separation

RULE 40-56: APPEALS Nature of right to appeal: not a natural right or part of due process Merely an statutory privilege & may be exercised only in accordance to provisions of law or rule Perfection of appeal in the manner & time prescribed is not only mandatory but jurisdictional. Rule may be relaxed under exceptional circumstances. Failure to pay full amount of appellate court docket fee & other lawful fees is a ground for dismissal of the appeal.(discretionary) An appeal on time prior to the substantial amendment of the original decision does not render the prior appeal ineffective. Dismissal without trial from MTC should be appealed to RTC

Subject of an appeal judgment or final order that completely disposes a case Cannot be appealed from Order denying petition for relief Interlocutory order Order dismissing an appeal Order denying motion to set aside J on consent, confession/compromise Order of execution J against separate claims, counterclaims, crossclaims.while main case is pending Order dismissing action without prejudice Correct Remedy Certiorari or prohibition Certiorari/prohibition/mandamus Certiorari or petition for relief Relief from J, Annulment of J, Certiorari Certiorari Wait for decision of entire case

Periods of Perfecting an Appeal 1. 15 days from notice of J/FO If by notice of appeal 2. 30 days from notice of J/FO notice of appeal & record of appeal 3. 48 hours habeas corpus appeal 4. 5 working days in amparo cases; may raise ?s of fact or law or both to the Supreme Court in habeas corpus cases to the SC from notice of adverse J; for ?s of law or fact or both 15 days from notice of denial for recon or new trial for writ of custody or habeas corpus for custody of minor cases 15 days from denial of recon or new trial by the aggrieved party or Sol Gen in annulment, declaration or nullity of marriage, and legal separation Motion for extension of time to file notice of appeal is not allowed.

Refile complaint or certiorari

Partial summary judgment cannot be appealed from because it is interlocutory. Wait for the judgment for entire case. Except when trial court will allow an appeal, but a record on appeal or notice of appeal may be necessary. Certiorari will lie only if there is no appeal or other plain, speedy, and adequate remedy in the ordinary course of law. Judgments in summary judicial proceedings is immediately final and executor. (no reglementary period) CA has no jurisdiction over an appeal to review a judgment w/c, by express provision of law, has become final & executory. An appeal is a remedy for an order dismissing a 3 party rd complaint. An order dismissing a 3 party complaint should be with permission of the trial court. after notice of appeal was filed, the court has no longer jurisdiction to entertained a motion for new trial.
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When is ordinary appeal deemed perfected? 1. Notice of appeal upon filing of the notice of appeal 2. Record on appeal with respect to subject matter, upon approval of record on appeal Both parties may file if they are both appellant When does trial court lose jurisdiction over the case? 1. Notice of appeal upon perfection of appeal filed in due time or expiration of time to appeal 2. Record on appeal upon approval of record of appeal filed in due time and expiration of time to appeal (only upon the subject matter of the case) Residual Jurisdiction before transmittal of record, court may issue 1. Orders for protection & preservation of the rights of the parties w/c do not involve any matters litigated in the appeal 2. Approve compromise 3. Permit appeals of indigent litigants 4. Order execution pending appeal 5. Allow withdrawal of appeal

Docket Fees payment is mandatory and jurisdictional, must be paid within period to appeal

Court to rule an appeal frivolous/dilatory 1. Appellate court dismiss for failure to prosecute 2. Trial court dismissal a. Prior to transmittal of record on appeal b. Motu propio/on motion, appeal out of time or for nonpayment of docket & other lawful fees Appeal from judgment of the RTC 1. Original Jurisdiction appeal to a. CA for questions of fact or of law or both b. SC petition for review on certiorari for pure ?s of law 2. Appellate Jurisdiction petition for review for ?s of law or fact or both to the CA

Annulment of J does not apply to J on 1. levy & sale at public auction 2. writ of execution interlocutory a 3 person adversely affected may file annulment of J, but not on relief from J
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RULE 57: PRELIMINARY ATTACHMENT Purpose: security for satisfaction of judgment Who may file: plaintiff or other party claimant When to file: anytime before entry of judgment A writ of prelim attachment may be issued ex-parte upon 1. Filing of an affidavit 2. Filing of bond But the implementation of the writ or the levy shall be validly made with summons to the defendant to acquire jurisdiction

When may SC review findings of FACTS of the CA? 1. When conclusion is grounded entirely on speculation, surmises, or conjectures 2. When inference made is manifestly absurd, mistaken, or impossible 3. When there is a grave abuse of discretion in appreciation of facts 4. When J is premised on misapprehension of facts 5. When the findings of facts are conflicting 6. When findings of facts are contrary to admissions of parties Withdrawal of Perfected Appeal 1. As a matter of right before filing of appellees brief 2. at the courts discretion after filing of appellees brief Annulment of Judgment file with RTC for decisions of MTC filed with CA for decisions of RTC could not be resorted t if other remedies are available & were not availed of w/o sufficient justification direct attack on a judgment Requirements: 1. petition must be verified 2. certified true copy of the J must be attached Grounds: 1. Extrinsic fraud/ collateral it is where litigant commits acts outside of the trial of the case, which prevent a party from having a trial, a real contest, or from presenting all of his case to the court, or where it operates upon matters not to the judgment itself but to the manner it was procured so that there is no fair submission to the controversy. Not a valid ground if availed of in a motion for new trial or petition for relief 2. Lack of Jurisdiction Period for Filing Action for annulment of judgment 1. Extrinsic Fraud - 4 years from its discovery 2. Lack of Jurisdiction before barred by laches/estoppels How to set aside final and executor orders 1. Petition for Relief from Judgment (Rule 38) 2. Action for Annulment of Judgment (Rule 47) 3. Direct action for Certiorari(Rule 65) or collateral attack against the judgment of void on its face or its own recitals Extraneous evidence evidence not found in the records of the case Admissible if the ground is based on extrinsic fraud CA has jurisdiction for Annulment of Judgment on final orders by the RTC, not to quasi-judicial bodies. Gross negligence of counsel may be ground to annul order if it prevented client from fairly presenting his defense.

Prior or Contemporaneous Rule(Rule on Prior or Contemporaneous Jurisdiction) States that no levy on attachment shall be enforced unless it is preceded, or contemporaneously accompanied by: 1. service of summons to the defendant, together with a copy of: 2. complaint, 3. application for attachment, 4. applications affidavit and 5. bond 6. order 7. writ of attachment. It shall not apply in the following instances: 1. Where the summons could not be served personally or by substituted service despite diligent efforts 2. The defendant is a resident of the Phil & temporarily absent therefrom 3. The defendant is a non-resident of the Phil 4. The action is in rem or quasi in rem

When to apply for this writ (grounds)? 1. Action for recovery of a specified amount of money or damages other than moral & exemplary against a party about to depart from the Phil. With intent to defraud creditors 2. Action for money/property embezzled to his own use by public officer or officer of a corp. in the course of employment 3. Action to recover the possession of property unjustly taken 4. Action against a party who has been guilty of fraud in contracting the obligation 5. Action against a party who has disposed of his property to defraud creditors 6. Action against a party who does not reside and is not found in the Philippines Order of attachments may be lifted if grounds are not found true and defect is not cured. Hearing of grounds on motion which is the same as that in the complaint would be tantamount to hearing on the action.

Grounds to dissolve attachment: 1. Attachment was improperly issued or enforced 2. Bond is insufficient 3. Attachment is excessive(discharge shall be limited to excess) Even if these grounds are not present, he may still move to discharge by making a cash deposit or filing counter-bond Motion to discharge is not allowed if the based on a ground which is at the same time the applicants cause of action

Kinds of Attachment 1. Preliminary attachment provisional remedy for the defendants property to be held by the sheri ff 2. Garnishment (Personal prop) to subject the property(credit or other incorporeal rights) of the defendant in the hands of rd a 3 person(garnishee) 3. Final attachment (Levy on Execution) to enforce a judgment that has become final and executory Preliminary Attachment 2 persons involved Obligor & obligee Property is seized by sheriff Garnishment 3 persons involved Obligor, oblige, garnishee No actual seizure, prop shall remain in possession of garnishee

Denial outright: 1. upon showing of its insufficiency 2. applicant is entitled but he can be compensated while party enjoined would suffer irreparable damage AND party enjoined post a bond. Preliminary Injunction cannot be issued ex-parte, and must COMPLY with the following: 1. Hearing on the application for injunction 2. Reception of evidence w/ opportunity to cross-examine 3. The prohibited act are threatened to be committed Injury will follow Greater injury to the applicant than defendant No other adequate remedy at law Public officers charged with the duty are unable to provide adequate protection to the applicant Preliminary Mandatory Injunction performance of a particular act Requisites: 1. Clear legal right 2. Violation and invasion is material and substantial 3. Urgent and permanent necessity to prevent serious damage Temporary Restraining Order upon summary hearing 1. 20 days from service to the party enjoined if great or irreparable injury will result before hearing the matter 2. 72-hour for urgency and applicant will suffer grave injustice & irreparable injury; issued ex-parte Lifetime of TRO does not exclude sun, sat, and holidays, except if the last day falls on such day 1. MTC or RTC issued 20 days from service on the party enjoined - If 72-hr TRO, shall not exceed 20 days, including the 72hrs 2. 3. CA issued effective for 60 days from date of service SC issued effective until further order

Property in Custodia Legis may be attached by: 1. Filing a copy of the writ of attachment w/ the proper court or quasi-judicial agency 2. Serve a notice of the attachment upon the custodian of prop When attached property may be sold before entry of J: 1. If perishable 2. Serve the interest of the parties Manner: 1. Real Property file with the register of deeds: a. Copy of the order b. Description of the property c. Notice that the property is attached Leave a copy of the order, description and notice to the occupant 2. Personal Property a. Capable of manual delivery take custody b. Not capable of manual delivery leave copy of writ and notice i. President/managing agent, stock/shares ii. Persons owing such debts who has control of it iii. Executor/administrator and to office of clerk of court iv. Property in custodia legis, to court or QJ agency

Limitations on the Issuance 1. Cannot be issued to acts done outside its territorial district 2. Cannot be issued if in effect it should dispose of the main case without trial An order discharging the writ of injunction is immediately effective A court cannot interfere by injunction with judgments or decrees of another court with concurrent or coordinate jurisdiction possessing rd equal power, EXCEPT when a 3 claimant is involved. PD 1818 court cannot issue injunction in cases involving infrastructure projects against administrative acts involving exercise of discretion in technical cases. Gen. Rule: injunctions are not available to take possession out of the possession & control of one party & place it in possession of another EXCEPT: 1. The applicant has clearly established his right to the prop 2. The defendant is clearly a mere intruder 3. To prevent a purchaser in public auction from molesting the debtors co-owners rights RULE 59: RECEIVERSHIP Requisites: 1. Hearing 2. Bond Receiver representative of the court appointing him for the purpose of preserving or conserving the property under receivership and preventing its possible destruction or dissipation acts in fiduciary capacity and with impartiality towards all interested persons cannot be appointed ex-parte

Effects of attachment 1. All debts/credits(service of writ of garnishment) Liable to applicant until attachment is discharged 2. Interest in property belonging to estate of decedent When there is order of distribution, property shall be delivered in judgment against the defendant, he can recover damages in his counterclaim for damages of the attachment was improper, irregular, or excessive.

RULE 58: PRELIMINARY INJUNCTION Gen. Rule : does not apply to consummated acts, EXCEPT to reestablish and maintain a PRE-EXISTING continuing relation between parties. When granted: at any stage of an action prior to J/FO Requirements: verified application, bond Purpose: to order to REFRAIN from a particular act or require PERFORMANCE of an act Requisites: 1. Existence of a right to be protected entitled to relief demanded 2. The act to which the injunction is to be directed is violative of such right

Who appoints a Receiver? 1. Court where case is pending 2. CA 3. SC 4. Or a member thereof in the following instances a. Party applying has an interest in the prop or fund which is in danger of being lost, removed or materially injured b. Mortgaged prop is in danger of being wasted or dissipated or materially injured c. To preserve prop pending an appeal or to dispose of it according to the judgment or to aid execution for unsatisfied return of execution d. When it appears to be the most convenient and feasible means of preserving, administering or disposing of the property in litigation Grounds for denial/discharge of application 1. Counterbond If insufficient, receiver shall be appointed 2. Appointment was obtained without sufficient cause 3. Bond is insufficient in amount General Powers of a receiver: 1. To bring and defend in his own name 2. To take and keep possession of the property 3. To receive rents 4. To collect debts due 5. Make transfers 6. Pay outstanding debts 7. Divide money or property among persons legally entitled 8. Acts as the court may authorize Investment of funds may only be by order of the court upon written consent of the parties. No action may be filed against the receiver w/o leave of court which appointed him. Liability for refusal or neglect to deliver prop to receiver: 1. Contempt 2. Liable to receiver for value of prop plus damages

The sheriff in replevin cases must keep the property w/in 5 days Purpose: (alternative) 1. 2. to give the defendant the opportunity to object to the sufficiency of plaintiffs bond to require the return of the property by filing a counter-bond

writ of replevin issued by the RTC or MTC may be served anywhere in the Philippines. A copy of the order shall be served by the sheriff upon the adverse party which contains: Application, Affidavit, Bond, Order and Writ of Replevin.

Redelivery Bond filed to require the return of the object before the delivery to the applicant Delivery of the property to the applicant 1. 5 days after the property was taken and the adverse party does not object to the sufficiency of the bond 2. The adverse party objects but the court affirms the approval of the bond or a new bond 3. Adverse party required the return of the property but his bond is objected to & found insufficient & he does not file an approved bond Property claimed by 3 person rd 1. Affidavit of 3 party claim 2. Claim damages against the bond w/in 120 days 3. Vindicate claim(in same or separate case) Judgment 1. Deliver the property 2. Deliver its value if cannot be delivered Replevin Principal action is recovery of personal property The defendant is in actual possession of the property Cannot be availed of when property is in custodia legis Available before defendant answers Bond is double the value of property Personal property Attachment Recovery of property may only be incidental to the relief sought rd A 3 person may be in possession of the property Can be availed of even if the property is in custodia legis Available from commencement but before entry of judgment Bond is fixed by court Personal/real property
rd

RULE 60: REPLEVIN available only for recovery of possession of personal property Requirements: 1. Affidavit Contents: a. That the applicant is the owner of the property or is entitled to possession b. That the property is wrongfully detained by the adverse party, alleging the cause of detention according to the best of his knowledge, information, and belief c. That he property has not been i. distrained or taken for tax assessment or a fine pursuant to law, ii. seized under execution or prelim attachment iii. placed under custodial legis, or if so seized, is exempt from such seizure or custody d. actual market value of the property(double the value) if disputed by the defendant, the court shall fix it 2. bond Nature: 1. Principal remedy and a provisional relief 2. Mixed action a. partly in rem and ( recovery of specific personal prop) b. partly in personam ( claim for damages) Who may apply? Party praying for recovery of possession When may he apply? Anytime before defendant files his answer

RULE 61: SUPPORT PENDENTE LITE When may be filed: at the commencement of the proper action/proceeding, or at any time prior to the judgment or final order Comment shall be filed w/in 5 days or period fixed by law Hearing shall start not more than 3 days after comment Who may file? Any party Requisites in claim for Support in Criminal action Pendent elite: 1. 2. 3. child is born to the offended party allegedly because of the crime civil liability arising from crim action includes support civil aspect for crim action has not been waived, reserved, or instituted prior to filing of crim action

Order fixing amount of support is not final in character and subject to modification depending on conditions affecting the liability to pay the amount fixed for support.

Remedy for refusal to pay support pendent lite: 1. File a motion for execution of the order granting support( may be motu propio) 2. File a motion to cite the adverse party in contempt RULE 62: INTERPLEADER Who may file interpleader? A person against whom conflicting claims are asserted by several claimants over the same subject matter Purpose: to compel several claimants to interplead and litigate their several claims among themselves Requisites of interpleader(NETO) 1. Plaintiff claims no interest on the subject matter or his claim is not disputed 2. Parties to be interpleaded must make effective claims 3. Two or more conflicting claims 4. Subject matter must be one and the same Interpleader may file counterclaims, cross-claims, 3 complaints and responsive pleadings thereto.
rd

the breach or violation should be impending, imminent, or at least threatened. A person who is not a party to the contract cannot file this petition Justiciable Controversy is a definite and concrete dispute touching in the legal relations of parties having adverse legal interests, which may be resolved by a court of law through the application of law. An issue is ripe for judicial determination when litigation is inevitable. Or when administrative remedies have been exhausted. Actions that may be brought under this rule: Reformation of an instrument Quieting of title to real property or remove clouds Consolidation of ownership

1. 2. 3.

party

Costs, expenses & attys fees incurred by plaintiff in actionshall constitute a lien upon subject matter and is recoverable from defendant who loses the action and who is found to have caused the unnecessary litigation. Interpleader cannot be availed of to resolved issues of breach of undertaking

Essential requisites: 1. Justiciable controversy 2. Controversy is between persons whose interests are adverse 3. Party seeking relief has a legal interest in the controversy 4. Issue is ripe for judicial determination Who to give notice to: 1. Local Govt ordinance involve prosecutor 2. Statute is involve solicitor General Special Civil actions for declaratory relief: 1. action for reformation of an instrument 2. action to quiet title to real property or remove clouds 3. action to consolidate ownership over real property 3. If, during the pendency of the special civil action, there is a breach or violation it is converted into an ordinary civil action. During the pendency of this action for declaratory relief, a 3 party complaint cannot be allowed. But after its conversion, it may be allowed. A compulsory-counterclaim is allowed in declaratory relief action Even if questions of law is involved, the SC cannot take jurisdiction Court has discretion to declare rights and to construe an instrument where a decision would not terminate the uncertainty or controversy.
rd

Grounds for Dismissal of Interpleader 1. Impropriety of the interpleader (action is not a proper interpleader case) 2. Other grounds in Rule 16 interpleader An original action Plaintiff has no interest in subj matter or has interest that is not disputed intervention Ancillary action 1. Has interest in the matter 2. Interest in success of either parties 3. Interest against both 4. Adversely affected by disposition of property Defendants are original parties to the pending action

Defendants are interplead them

sued

to

the docket and lawful fess, costs and expenses shall constitute a lien over the subject matter of the action.

RULE 63: DECLARATORY RELIEF AND SIMILAR REMEDIES Under jurisdiction only of RTC Declaratory Relief special civil action filed in the RTC Who: 1. by a person who is interested under a deed, will, contract, or other written instrument, or 2.whose rights are affected by a statute, executive order, ordinance, or other govt regulation, before breach thereof, After breach or violation, the action may be converted into an ordinary cause of action 3. all persons who have claim which would be affected by the declaration Purpose: asking the court to determine any question of construction or validity arising, and for a declaration of his rights or other duties, thereunder.

RULE 64: REVIEW OF Js AND FOs OF THE COMELEC AND COA How? By special civil action of certiorari What J or FO may be reviewed by SC? Only those made en banc When to file? Not later than 30 days from notice of J Motion for recon is allowed and shall interrupt the period Fresh period rule does not apply

Effect of filing: does not stay the execution of judgment

RULE 65: CERTIORARI, PROHIBITION, AND MANDAMUS does not interrupt the course of the principal case, unless TRO or writ of Preliminary injunction against respondent from proceeding with the case. Must be meritorious on its face

Time to file: within 60 days from notice of the assailed judgment If motion for reconsideration is filed, 60 days starts from notice of decision on such motion. Extention of time only for compelling reasons Not to exceed 15 days Common Considerations: 1. Condition: no appeal, or any plain, speedy, and adequate remedy is available in ordinary course of law No appeal, in case of interlocutory orders 2. Filed with the SC, RTC, CA, Sandiganbayan CA only if it involves acts or omissions of a quasi-judicial agency In election cases involving act of MTC/RTC, file w/ COMELEC Attachments 1. Certified true copy of the J, order/resolution 2. Copies of all relevant and pertinent pleadings & docus 3. Sworn statement of non-forum shopping Respondents: 1. Private Respondent appear and defend, in his and in behalf of public respondent 2. Public Respondent nominal parties & shall not appear unless directed. Order to comment within 10 days Dismissal of the court of petitione: 1. Patently w/o merit 2. Prosecuted manifestly for delay 3. Questions raised are too unsubstantial consideration Requisites of CERTIORARI 1. 2. 3. There must be a controversy Respondent is exercising judicial or quasi-judicial functions Respondent acted without or in excess of its jurisdiction or acted with grave abuse of discretion amounting to lack of jurisdiction There must be no appeal or other plain, speedy and adequate remedy

Petition for Review on Certiorari Based on question of law

Involves review of judgment on merits

Made within reglementary period of appeal Stays the judgment Petitioner & respondent are the original parties

Prior motion for recon is not required Appellate court is in the exercise of appellate jurisdiction and power of review Filed only with the SC

Special Civil Action for Certiorari Issue as to whether lower court acted in w/o or in excess or jurisdiction or w/ grave abuse of discreation Directed against an interlocutory order prior to appeal or where no other plain, speedy/adequate remedy Filed not later than 60 days from notice of J denying motion for recon Does not stay the challenge proceeding Aggrieved is the petitioner and court/judicial bodies, and prevailing parties are the respondent Motion for recon is condition precedent Exercise of original jurisdiction under its power of ctrl over proceedings of lower court May be filed with RTC, CA, or SC

to

require

4.

Instances where motion for recon may not be resorted to before certiorari: 1. order is patent nullity, court a quo has no jurisdiction 2. questions raised in the certiorari have been duly raised and passed upon by the lower court 3. urgent necessity for the resolution a. delay would prejudice interest of the govt/petitioner b. subject of the action is perishable 4. under the circumstances, motion for recon is useless 5. petitioner was denied due process and there is extreme urgency for relief 6. in criminal case, relief from order of arrest is urgent and granting of such relief by trial court is improbable 7. proceeding in the lower court are a nullity for lack if due process 8. the proceeding was ex-parte 9. issue raised is purely of law or public interest is involved Requisites of PROHIBITION: 1. there must be a controversy 2. respondent is exercising judicial, quasi-judicial or ministerial functions 3. respondent acted w/o or in excess of jurisdiction or acted w/ grave abuse of discretion amounting to lack of jurisdiction 4. there must be no appeal or other plain, speedy and adequate remedy Writ of prohibition from a superior court directing an inferior court, corp., board, officer or other judicial or ministerial functions for the purpose of preventing the latter from usurping jurisdiction which is not legally vested. Where the principal relief sought is to invalidate an IRR, the proper remedy is an ordinary action for nullification in the RTC and not a writ of prohibition. Certiorari Prohibition To correct respondents act by To prevent commission of the annulling the proceedings act by stopping the proceedings The acts assailed have already The acts assailed are about to been done be done or are being done Respondent is performing a Respondent is performing judicial or quasi0judicial function judicial, quasi-judicial, or ministerial functions

Writ of Certiorari from superior court directing an inferior court, tribunal, or officer exercising judicial or quasi-judicial functions to correct errors of jurisdiction. Petition for certiorari must append a copy of the motion for reconsideration they filed before the respondent. Motion for reconsideration is a condition precedent in order for the lower court to afford opportunity to correct its errors. 2 motion for recon is merely pro forma, hence period to file petition for certiorari is not suspended.
nd

Who may file? Aggrieved party by the acts of the respondent Documents to be attached in the petition for certiorari: 1. 2. 1 set - Certified true copies of the J or order nd 2 set copies of the pleadings, portions of the case record and other documents material and pertinent to the pertition certification of non-forum shopping
st

3.

Writ of Mandamus writ issued in the name of the State, to an inferior tribunal, corporation, board or person, COMMANDING the PERFORMANCE of an act which the law enjoins as a duty resulting from an office, trust or station. Two aspects: 1. Respondent unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an office, trust, or station. Respondent unlawfully excludes another from the use and enjoyment of a right which such other is entitled.

Grounds for action by Govt against individual 1. Usurpation of a person who intrudes into, or unlawfully holds or exercises a public office, position or franchise 2. A public officer who suffers an act which, by provision of law, constitutes a ground for the forfeiture of his office. 3. An association which acts as a corp. within the Phils. W/o being legally incorporated or w/o lawful authority to act. Who may commence 1. Solicitor General/Public Prosecutor i. Must commence a. When directed by the Pres. b. When there is a good reason to believe that any of the grounds can be established by proof ii. With permission of court a. At the request or upon the relation of a person 2. Individual who claims to be entitles to office/position usurped or unlawfully held by another Venue 1. Individual where respondent resides 2. Sol Gen RTC in City of Manila, in CA or SC Quo Warranto Ground is disqualification or ineligibility of the proclaimed candidate if respondent is ousted, petitioner does not assume office Election protest Ground is irregularities in the conduct of election Prevailing protestant will assume office provided he assumed plurality of votes

2.

Requisites: 1. A clear legal right or duty 2. Act to be performed is practical within the powers of the respondent to perform 3. Respondent must be exercising a ministerial duty a duty which is absolutely & imperative & involves merely execution 4. Duty or act to be performed must be existing 5. No appeal or other plain, speedy & adequate remedy in the ordinary course of law. Mandamus Respondent is performing ministerial function R unlawfully neglects performance or excludes another from use & enjoyment of a right Purpose is to compel R to act Certiorari R is performing judicial or quasi-j functions R acted w/o jurisdiction or in excess of its jurisdiction or w/ grave abuse of D To correct Rs act Prohibition R is performing judicial, quasi- j or ministerial functions R is acting or is about to act w/o J or in excess of J, or w/ grave abuse of discretion To prevent commission of act

Mandamus is not proper to enforce contractual obligation, but specific performance. Mandamus is not available to control discretion.

Quo warranto in Elective office Eligibility of candidate-elct is to be determined nd Court cannot declare the 2 highest number of votes as entitled to the office

Quo warranto in appointive Off Legality of appointment is to be determined Court can declare who is entitled to assume office

Ministerial Duty one performed in a given state of fact in a prescribed manner, in obedience to the mandate of legal authority without exercising his own judgment. Discretionary Duty a duty which gives an officer the right to decide how and when the duty shall be performed.

Quo Warranto To test title to ones office and to ouster the holder from it Where there is intrusion into an office

Mandamus To enforce clear legal duties & not to try disputed titles Where respondent excludes petitioner from an office

RULE 66: QUO WARRANTO A writ issued by the court to determine the right to use an office, position or franchise and to oust the person exercising such office, position or franchise if his right is unfounded or he has forfeited his right to enjoy the privilege. Brought in the RTC, CA, SC with jurisdiction over territorial area. But SolGen shall file it in the City of Manila

RULE 67: EXPROPRIATION May be Expropriated: all real or personal property(except money) Court with jurisdiction: RTC (incapable of pecuniary estimation) If no objection/defense, file notice of appearance & manifestation If has objection, serve his answer w/in time stated in summons rd No counterclaim, cross-claim, or 3 party complaint is allowed Effect of defenses not alleged: deemed waived But in the interest of justice, court may permit amendments to answer within 10 days from filing Present evidence for just compensation How: File verified petition, contents: 1. State with certainty right and purpose of expropriation 2. Description of real or personal property 3. Join as defendants any person claiming interest therein stating separate claims 4. If uncertain who the real owner is, averment to that effect shall be made

When: within 1 year from accrual of cause of action Pendency of administrative remedy does not suspend the 1 year period An individual may bring an action for quo warranto by filing petition containing averment of his right to the office in question. Damages may recover damages in another action within 1 year from establishing right to hold office. A quo warranto judgment does not bind the respondents successor in office even though his title was from same source.

Possession Pending Expropriation Proceeding: Requisites 1. Filing complaint for expropriation sufficient in form & substance 2. Depositing an amount equal to the assessed value of the property for purposes of taxation. If personal property, the amount shall be determined by the court. LGU may take possession by depositing 15% of the fair market value. Contents of order of Expropriation 1. Lawful right to take the property sought to be exprop 2. For the public purpose described in the complaint 3. Just compensation as of date of expropriation or date of filing of complaint w/cever came first. After rendition of order, plaintiff shall not be permitted to discontinue/dismiss the proceeding except on terms as the court deems just and equitable. What may defendant file? 1. A manifestation, stating that he has no objection 2. Answer stating all objections and defenses rd 4. No cross-claim, counterclaim, or 3 party complaint shall be allowed. Two Stages 1. Determination of authority of plaintiff to expropriate Dismissal or issuance of order of expropriation is appealable 2. Determination of just compensation Courts decision if there was is appealable Court shall designate 3 commissioner to determine(mandatory requirement) Notwithstanding an appeal, the court may still appoint 3 commissioners to determine just compensation. Objections shall be filed w/in 10 days from notice(resolve w/in 30 days) Right of plaintiff to enter upon property and appropriate for public purpose shall not be delayed by an appeal. If on appeal judgment was in favor of defendant, order restoration of possession and pay damages. Valid exercise of LGU of eminent domain 1. An ordinance authorizing local chief executive to exercise eminent domain(mere resolution is not sufficient) 2. Eminent domain is exercised for public purpose and for benefit of poor and landless 3. There is payment of just compensation 4. A valid and definite offer to the owner was previously made but was not accepted. Proceedings by Commissioner 1. When authorized to administer oaths, shall take evidence 2. Consequential damages shall be deducted from consequential benefits 3. Render reports/recommendations w/in 60 days from notification of their appointment 4. 10 days to file objections to report of commissioners Just compensation shall be submitted to court, pending resolution of who the real owner of property. Plaintiff has right to enter property upon payment of compensation fixed by judgment w/ legal interest from taking

Remedies of mortgagee: 1. Foreclose the mortgage(extra-judicial or judicial) 2. File ordinary action to collect debt Remedies of mortgagee when debtor dies w/o paying debt: 1. 2. 3. Waive the mortgage and claim entire debt from his estate as ordinary claim Foreclose mortgage judicially and prove deficiency as ordinary claim Rely on mortgage exclusively w/o filing claim for deficiency

Who are defendants in action for foreclosure? 1. Debtor 2. Mortgagor(if not debtor himself) nd 3. All persons having claim in the property(2 mortgagee, subsequent creditor, subsequent purchaser) Merely necessary parties If not impleaded, their equity of redemption remains unforeclosed(foreclosure ineffective as against them)

Sec 1. Complaints in action for foreclosure Contents of complaint: 1. Date and due execution of mortgage 2. Its assignments, if any 3. Names and residences of the mortgagor and the mortgagee 4. Description of the mortgaged property 5. Statement of the date of the note or other documentary evidence of the obligation secured by the mortgage, the amount claimed to be unpaid thereon 6. Names and residences of all persons having or claiming an interest in the property subordinate in right to that of the holder of the mortgagee, all of whom shall be made defendants to the action Petition for judicial foreclosure should be filed in the court having jurisdiction over the area where the property is situated

Defendants in a Judicial Foreclosure 1. 2. 3. 4. Person obliged to pay the mortgage the mortgage debt Person who own, occupy, or control the mortgage premises Transferee or grantee of the property Second mortgagee or junior encumbrances or any person claiming a right or interest in the property subordinate to the mortgage (to foreclose their equity in redemption) Effect if not impleaded: his equity of redemption is not affected(remain unforeclosed).

Sec 2. Judgment on foreclosure for payment or sale Court will conduct trial, if after trial the court finds the petition meritorious, it will render judgment.

Statements in the judgment: 1. 2. 3. 4. Amount due to the plaintiff upon the debt or obligation Interests and other charges approved by the court Costs Order payment within a period of not less than 90 days but not more than 120 days from entry of judgment ( Equity of redemption period)

Actions upon commissioners report(appealable) 1. Render judgment according to report 2. Recommit to same commissioners for further reports of facts 3. Set aside report and assign new commissioners 4. Accept part and reject part of the reports RULE 68: FORECLOSURE OF REAL ESTATE MORTGAGE

Equity of redemption is the right of the mortgagor to redeem the property before the confirmation of the sale. Sanction upon default: property shall be sold at public auction

Sec 3. Sale of mortgaged property When: Upon motion, as a matter of right a. Upon finality of order of judgment When an appeal was resolved, motion of execution shall be applied for in the court of origin b. Upon expiration of period to appeal without an appeal being perfected Effect: To persons, parties to the action, having prior encumbrance in the property or part thereof Rights are not affected by the sale Upon confirmation of their rights, on motion, vests their rights to the purchaser Gen. Rule: there is no right of redemption after the sale is confirmed Writ of Possession: issued upon motion after finality of order of confirmation of sale or upon expiration of the period of redemption to the: 1. Purchaser 2. Last redemptioner Unless: a 3 party is actually holding the same adversely of the judgment obligor (Concha, et.al. vs. Hon. Divinagracia, copossessors cannot be deprived of possession of the portion actually possessed by them.) Effect: all the rights of the mortgagor with respect to the property are severed or terminated Sec 4. Disposition of the proceeds of sale 1. Costs of the sale paid to the persons foreclosing the mortgage 2. Mortgage debt and interests 3. Junior encumbrances 4. Mortgagor, duly authorized agent, or to persons entitled to receive it (unlike in pledge) Sec 5. Sale in case the debt is not all due 1. If property can be sold in portions Sufficient portions must be sold to pay the total amount and costs due Sale shall terminate Upon motion, sell more portions If cannot be sold in portions Sell the whole property Rebate interest where such is proper
rd

In case of redemption: a. Deed of redemption b. Brief memorandum of redemption shall be made on the certificate of title In case of non-redemption: a. Final deed of sale executed by the sheriff in favor of the purchaser b. Certificate of title in the name of mortgagor shall be cancelled c. A new certificate of title shall be issued in the name of the purchaser 2. Without right of redemption a. Copy of confirmation of sale Lonzame v. Amores, after court confirmation of sale, there can be no redemption; previous owners lose any right over the property b. Certificate of title in the name of the mortgagor shall be cancelled c. A new certificate of title shall be issued in the name of the purchaser Motion for confirmation of sale litigable motion Right of redemption In extrajudicial foreclosure Within 1 yr fr registration of sale

Equity of Redemption Only in judicial foreclosure 90-120 days, before judicial confirmation of sale

In banking institutions, right of redemption and equity of redemption both exist If mortgagor is juridical person and mortgagee is a banking institution, redemption is within 3 months from FORECLOSURE or before registration of cert of foreclosure

Writ of Possession may be issued in: 1. Land registration proceedings rd 2. In judicial foreclosure, if debtor is in possession and no 3 person has intervened 3. In extra-judicial foreclosure of a real estate mortgage RULE 69: PARTITION does not prescribe Appealable Purpose: to separate, divide, and assign a thing held in common among those to whom it may belong Who may file for partition: A person having right to compel the partition What may be the subject: real and personal property Contents of partition complaint: 1. Nature and extent of his title 2. Description of the property 3. Join all having interest of the property as defendants All co-owners are indispensable parties Order of Partition - Issued after trial if entitled to partition Parties may agree to make partition among themselves then the court will confirm. If parties are unable to agree, the court shall appoint 3 disinterested commissioners to make partition. If court agrees with the report of the commissioners, it will render judgment on partition. Two stages in Partition 1. Determination of existence of co-ownership a. No co-ownership dismiss the action for partition b. Co-ownership exist partition is decreed 2. Partition effected by the court (3 commissioners) if parties are unable to agree upon the partition.

2.

Sec 6. Deficiency in judgment in personam Foreclosure judgment in rem Definition: judgement rendered by the court holding defendant liable for any unpaid balance due to the mortgagee if the proceeds from the foreclosure sale does not satisfy the entire debt. In extra-judicial foreclosure file a separate action to recover unpaid amounts. Sec 7. Registration Registered with the Registry of Deeds 1. With right of redemption a. Certificate of sale and order confirming the sale b. Brief memorandum of sale shall be made in the certificate of title c. No cancellation of title

Objections to report of commissioners shall be filed w/in 10 days Judgments in accounting for rent and profits shall be appealable Costs and expenses may be apportioned among the parties; execution may issue. Neither paramount rights nor amicable partition affected by this Rule.

RULE 70: FORCIBLE ENTRY AND UNLAWFUL DETAINER No Motion for Reconsideration Defendant may recover counterclaim Pleadings allowed in Summary Procedures (must be verified) 1. Complaint 2. Compulsory counterclaim pleaded in the answer 3. Cross-claims pleaded in the answer 4. Answer to the above Judgment in ejectment cases against the defendant is IMMEDIATELY EXECUTORY, but may stay execution of judgment if defendant: 1. 2. Perfects his appeal Filed supersedeas bond Where filed: a. Filed with MTC within period of appeal b. Filed with RTC if records of the case has been forwarded to it How much: Equal to rents, damages, and costs stated in judgment Purpose: To ensure that R, D, and C are paid when plaintiff eventually prevails. 3. Periodically deposit for monthly rental or reasonable value for the use during appeal Otherwise, immediate execution on the court is ministerial upon motion of plaintiff, with respect to possession. Judgment of the RTC in an appeal is immediately executory even pending appeal w/ CA and cannot be stayed by a bond.

Failure to comply with requirement of prior referral to the Lupon for conciliation 2. Motion for bill of particulars 3. Motion for new trial, reconsideration of judgment or fore reopening of trial 4. Petition for relief from judgment 5. Motion for extension of time to file pleadings, affidavits or any paper 6. Memoranda 7. Petition for certiorari, mandamus, or prohibition against any interlocutory order 8. Motion to declare defendant in default 9. Dilatory motions for postponement 10. Reply rd 11. 3 party-complaint 12. intervention Two kinds of ejectment suit issue of who is entitled to possession (P, A, M) 1. action for forcible entry(detentacion) Grounds: available to a person unlawfully deprived of possession by force, intimidation, stealth, threat, or strategy(outside of this grounds, action is plenary) When: within 1 year from dispossession in MTC Against whom: anyone who ousts the plaintiff of his lawful possession(even against owner) Demand: Not necessary, because possession is illegal from very beginning : personally or written notice to persons found in the premises or posting such notice in the premises, or by registered mail Allegations required: Prior possession(Physical, actual, material de facto) : must state HOW ENTRY was made and WHEN dispossession started, otherwise, plenary action only) 2. action for unlawful detainer (desahucio) - available to: Who: lessor, vendor, vendee or other person against whom possession was withheld after expiration/termination of the right to hold possession by virtue of a contract, express/implied : tenant, vendor, vendee or any person : legal representatives or assigns of lessor, vendor, vendee or other person against whom possession was withheld When: 1 yr from dispossession in the MTC Demand: 1. only against tenant who failed to PAY rent or violation of lease contract written demand(to vest jurisdiction), to PAY or COMPLY w/ condition(15 days- land, 5days-bldg) 2. demand is no necessary where right to possession has expired/terminated enforcement of terms of contract in case of intruder demand should be alleged even if waived in contract no lease period, period depends on payment of rent expiration of contract w/o action in 15days, there is TACITA RECONDUCCION, contract becomes a month-to-month contract

b.

Damages recoverable ONLY the fair rental value or reasonable compensation for the use and occupation of the real property, if no other agreement. Execution may be had at the trial or appellate court, depending on where motion was filed.

Provisional Remedies Available in Ejectment Cases: 1. Preliminary Prohibition Injunction to prevent defendant from further acts of dispossession 2. Preliminary mandatory Injunction to restore possession Filed within 5 days from filing of complaint 3. Preliminary Mandatory Injunction to restore possession, during an appeal to the RTC Filed within 10 days from perfection of appeal RTC issues the writ of PMI if: a. Defendants appeal is frivolous or dilatory b. Plaintiffs appeal is prima facie meritorious Pleadings or Motions Prohibited: 1. Motion to dismiss the complaint or quash complaint/ information, on the ground of: a. Lack of jurisdiction over the subject matter

demand shall be counted from last demand, unless mere reiteration demand w/ period to vacate, counting starts from expiration of period

5. 6. 7.

Assuming to be an atty, or officer of court or acting w/o authority Failure to obey subpoena duly served Rescue of a person/property in the custody of an officer

Allegations of Possession: not required Actions to recover Property 1. Real Property a. Accion interdictal recovery of possession de facto (physical, actual, material possession) b. Accion publiciana recover right of possession c. Accion reinvindicatoria recover ownership & possession 2. Personal property accioon for replevin Ownership is not an issue in ejectment case. But if the defendant raises it as a defense, the MTC may resolve it for purposes of determining issue of possession. The issue of ownership may be raised again in another action with the same parties. The judgment in ejectment case does not bind decision rendered in ownership. Unlawful Detainer Possession becomes illegal by termination of his right of possession Plaintiff must first make demand to vacate premises(jurisdictional), EXCEPT expiration of term of lease No need for prior physical possession 1 yr is counted from date of last demand

Remedy Available : appeal Execution may be suspended when he files a bond How initiated: a. Motu propio by the court issuing an order requiring the respondent to show cause why he should not be punished b. Filing a verified petition(certification of non-forum shopping) Where filed: 1. RTC where committed 2. Lower court where committed, appealable to RTC, or RTC Hearing if not had, respondent may be released from custody by filing a bond Punishment 1. Not more than P30,000 or not more than 6months, or both 2. Committed against the lower court, not more than P5k or not more than 1month, or both 3. Complete restitution of property or amount for violation of writ of injunction, TRO or status quo order Imprisonment until order obeyed refusal to do an act which is within his power Criminal contempt directed against the authority and dignity of the court or a judge acting judicially An act obstructing the administration of justice which tends to bring the court into disrespect. Purpose: to punish

Forcible Entry Possession by defendant is unlawful from the beginning Law does not require previous demand to vacate premises Plaintiff must prove prior physical possession 1 yr is counted from date of actual entry

RULE 71: CONTEMPT Types of contempt: 1. Direct Contempt Misbehavior in the presence of or so near a court as to obstruct or interrupts the proceedings, which includes: i. Disrespect towards the court ii. Offensive personalities towards others iii. Refusal to be sworn or to answer as witness, or to subscribe to an affidavit or deposition when lawfully required to do so May be summarily punished(no need for order or petition) Remedy Available: certiorari or prohibition(no appeal) a. He cannot appeal from such contempt decision b. Execution of judgment pending resolution is suspended: i. If he files a bond fixed by the court ii. With condition that he will abide by the judgment if his petition is rendered against him 2. Indirect contempt Charged in writing and after hearing(for opportunity to comment and to be heard Grounds: 1. Misbehavior of officer or court in performance of his duties 2. Disobedience of or resistance to a lawful writ, process, order of judgment 3. Abuse of or inference of court processes, not DC 4. Improper conduct tending, direct/indirectly, to obstruct administration of justice

Civil Contempt failure to do something ordered to be done by a court or a judge for the benefit of the opposing party, it is therefore a violation against the right of that person Purpose: to compensate RULE ON SUMMARY PROCEDURE All cases including ejectment cases EXCEPT probate proceedings where claim does not exceed P100k, exclusive of interests and costs In all cases, judgment by the RTC on appeal is immediately executory

Pleadings complaint, compulsory counterclaim and cross claim in the answer Not allowed 1. Motion to dismiss, except lack of jurisdiction over subject matter or compliance w/ barangay conciliation 2. Bill of particulars 3. New trial or reconsideration of a judgment or reopening of trial 4. Relief from judgment 5. Motion for Extension of time 6. Memoranda 7. Certiorari, prohibition, mandamus against an interlocutory order 8. Motion to declare defendant in default 9. Dilatory motions for postponement 10. Reply rd 11. 3 party complaints 12. Interventions

Procedures 1. 2. Filing complaint Upon filing, court determines if case falls under SUMMARY PROCEDURE Dismiss the case outright for ground apparent Motion for preliminary MANDATORY injunction w/in 5 days from filing Preliminary injunction is to prevent further dispossession Conciliation 1. Pre-condition to filing of complaint in court 2. Where parties may go to court directly a. Accused under detention b. Habeas corpus cases c. Actions coupled with provisional remedies d. Actions may be barred by statute of limitations 3. Conciliation among members of indigenous cultural communities Arbitration a. Agree in writing to abide by the arbitration award by chairman i. may be reputed in 5 days ii. made after period of repudiation & w/in 10 days thereafter b. parties w/o assistance of lawyers EXCEPT for minors & incompetents who may be assisted by next-of-kin who are not lawyers Effects of Amicable settlement and arbitration has force and effect of final judgment EXCEPT referred by the court and approved by it Execution before lupon within 6 months thereafter, by action in the MTC Repudiation within 10 days from date of settlement by filing with the chairman a STATEMENT sworn before him, where consent is vitiated by Fraud, Violence or Intimidation Leo Wee vs. De Castro Conciliation proceedings for the amount of monthly rental should logically and reasonably include also matter of the possession of the property subject of the rental, the lease agreement, and the violation of the terms thereof. Even if the certification to file refers only to rental increase. Royales vs. IAC Lack of brgy conciliation renders the action premature but such defect does go into the jurisdiction of the court to try the case if the parties did not questions the exercise of such jurisdiction. Solway v. Parcasio Sheriff does not have any business participating in the enforecement of the brgy settlement unless the appropriate proceedings is filed in court. Lumbuan v. Ronquillo Confrontation before the Brgy Chairman without constituting the pangkat sufficient compliance.

Answer Filed within 10 days Defenses not pleaded are deemed waived, EXCEPT jurisdiction over subject matter No answer, the court may motu propio or upon motion to RENDER JUDGMENT limited to the prayer. Court may reduce damages if excessive or unconscionable Preliminary Conference Within 30 days, Rule 18 on prelim. conference applies Failure to appear: 1. Plaintiff defendant who appeared entitled to counterclaim. Crossclaim is dismissed 2. Defendant judgment may issue in favor of plaintiff Order of preliminary conference - w/in 5 days Position paper w/in 10 days Affidavits and evidence on factual issues in the Order Judgment renders in 15 days after receipt of A/E Judgment Appeal to RTC governed by ordinary rules In ejectment cases, plaintiff may present a motion for restoration of the premise via a Motion for Preliminary Injunction- w/in 10 days from perfection of appeal if: 1. Defendants appeal is frivolous or dilatory 2. Appeal by plaintiff is meritorious Appeal to CA petition for review If against defendant, immediately executory Appeal to SC Petition for review on certiorari, on pure questions of law

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KATARUNGANG PAMBARANGAY Subject Matter of Amicable Settlement 1. A party is a govt or its subdivision or instrumentality 2. Dispute relates to performance of official function of a public employee who is a party 3. Offenses punishable by more than 1 yr and more than P5k 4. Offenses without private offended party 5. Dispute over real prop in diff municipalities unless there is agreement to submit to appropriate lupon 6. Parties reside in diff brgys unless agreed to submit to appropriate lupon 7. Other disputes determined by the Pres as recommended by Sec of Justice 8. Other cases referred to it by the court Venue objections shall be raised before Punong Brgy 1. Barangay of the respondent 2. Real property where situated, or great portion of it 3. Workplace/institution where parties are employed/enrolled Procedure 1. Initiate by oral or in writing 2. Mediation by chairman 3. Suspension of prescriptive period for offenses/cause of action 4. Summons; hearing; grounds for disqualification 5. Period to arrive at settlement