TRANSCRIPTION OF DEAN MONTECLAR ON CIVIL LAW

Civil procedure is part of the broader subject called remedial law. Remedial law is that branch of law that deals with the study of the procedures to be observed in the enforcement of a right in court. You have a right and when your right is violated, you go to court. When you go to court, what will u do there? You will have to enforce your right. How will you enforce your right? hat is where procedural law will come in. Remedial law is basically a procedural law. !aws can be classified into procedural and substantive law. " substantive law is a law that creates or defines a right. #f your right is violated, you have to see$ redress of grievances from the court. You have to enforce your right. When you go to court, you must follow certain procedures. hat is what we now call as procedural law. he procedural laws of the %hilippines are basically found in the rules of court. &ot all procedural laws are found in the rules of court. 'ven substantive laws contain some procedural law. !i$e the civil code of the %hilippines, which is a substantive law, or the R%C, which is also a substantive law. 'ven these laws contain some procedural law. '(ample, the family code of the %hilippines, the law on persons and family relations. Cases under the family code must be tried under the rules of summary procedure. "nd there)s a chapter there that deals with the rules on summary procedures. hat chapter in the family code is already a procedural law. #t is only that *+, of the procedural laws are found in the rules of court. -./ of all procedural laws are found in the rules of court. the rules of court. hat is why the study of remedial law is concentrated in

Who drafted or enacted the Rules of Court (ROC ! he R+C is enacted by the ,0%R'*' C+0R . he R+C has the force and effect of a law. Does "t #ean that the Su$re#e Court has the $o%er to #a&e la%s! &o. he ,C is not ma$ing laws. hey are ma$ing procedures. What they are doing is ma$ing the rules on procedures. #t has the effect of law. "ccording to the ,C, it)s not really a law. +nly the effect of a law. The $o%er of the SC to #a&e rules are conta"ned and found "n the const"tut"on "tself' &o less that the 1-23 constitution provides that the ,C has the rule ma$ing power. #t has the power to ma$e rules on procedures in the practice of law. #ncluded in the power of the ,C is even to determine who will become the members of the bar. Who will become lawyers, who will apply these laws. Civil procedure is just part of the R+C or the Remedial law. The ROC co(ers the follo%"n) su*+ect #atters, 1. civil procedure 4. special proceedings 5. criminal procedure 6. law on evidence C"("l $rocedure "s further d"("ded "nto -' 1. ordinary civil actions 7rule 189:; 2. provisional remedies 7rule 938:1; 3. special civil actions 7rule :4831;

Civil procedure in ordinary civil actions 8 rules to be observed in an ordinary civil case. '(amples of special civil actions <li$e certiorari, mandamus, =uo warranto, prohibitions, habeas corpus, declaratory relief, foreclosure of mortgage, etc> '(amples of provisional remedies < injunction, replevin, etc.? these are remedies available to you while the case is pending. What are s$ec"al $roceed"n)s! special proceedings 7rule 3481.-; hese refer to the settlement of estates. !i$e when someone dies, inheritance, testate or intestate proceedings, li$e how to settle the estate of a diseased person. Criminal procedures is covered under rule 11.8143 'vidence is rule 1428154 "fter that is already legal ethics. #n ordinary civil actions, you learn all the basic rules in procedural laws. The rule #a&"n) $o%er of the SC. %h"ch "s #an"fested */ the enact#ent of the ROC "s $ro("ded for */ the const"tut"on' 0ut the const"tut"on "tself $ro("des for so#e l"#"tat"ons "n the rule #a&"n) $o%er of the SC' What are these l"#"tat"ons! 1. he rules shall be uniform for all courts of the same grade 4. he R+C shall not diminish, increase or modify substantive rights ,ubstantive rights are created by law made by the %hilippine congress. +nce a rule is laid down, it should be applied uniformly to all courts of the same grade. !i$e when you say to * Cs, it should be applied to all * Cs. ,o in the of the R+C, we cannot avoid dealing much about the courts. #t is in the courts where we apply the rules. 1o% /ou def"ne a court! " court is an entity or body vested with judicial power. @udicial power is the power to hear and decide a case. hear means to determine the evidences presented by both parties, and try to determine which one is telling the truth. hat is the purpose of a hearing. "fter the hearing, after the court determines what the truth is, the court will now apply the law to the facts as determine by the court. Inherent $o%ers of the court < Rule 159, section 9 he most prominent one is that the court has the power to enforce its judgment. #t should have the power to enforce its judgment even f the law is silent on how it should enforce its judgment. he court should enforce the judgment in whatever way it feels is the best way to enforce its judgment. #n one case, "" filed a case for a road right of way. "" won the case. he case "" filed is for the annotation of the right of way in the title of the land. When "" bought the property from the AA, it was subject to an easement of a right of way that will pass through the land of AA. !ater on, a building was constructed on the land. ,o "" cannot pass through the land anymore. When "" tried to chec$ on the title, the annotation was surreptitiously removed by AA. ,o now, "" filed a case for the reannotation of his right of way in the title of AA. ,C finally decided "" is entitled to the right of way. When "" wanted to enforce his right, he found that his right of way is bloc$ed by a building. ,o the court issued an order for the demolition of the building. he lawyers of AA said that the lawyer of "" is already going outside of the decision for the decision merely said that the right of way of "" will be reannotated on the title. "nd it has already been reannotated. 88888 ,C has time and again said that when the court has the jurisdiction to issue the order and the jurisdiction to decide the case and the decision of the court has already become final and e(ecutory, it has the power to do whatever it wants to see to it that the order will be enforced. +therwise, if the court has no power to enforce its order, it will just be li$e and inutile. #t will be useless.

When the court has the +ur"sd"ct"on or $o%er to dec"de the case. "t has the "nherent $o%er to enforce the desc"s"on' It "s $art of the "nherent $o%er of the court' D"fferent &"nds of class"f"cat"ons of the courts, 1. superior court as distinguished from an inferior court. 4. court of original jurisdiction as distinguished from court of appellate jurisdiction 5. court of general jurisdiction as distinguished from a court of limited jurisdiction 6. constitutional court and statutory courts 9. courts of law and courts of e=uity su$er"or court as d"st"n)u"shed fro# an "nfer"or court before, the concept of inferior court refers only to municipal courts. *unicipal courts are called inferior courts. But, now the modern view, is that all courts e(cept the ,C can be a superior court and an inferior court at the same time. When you say an inferior court of a ,C, you must view the position of the court in relation to other courts. '(ample, R C in inferior to the C" but R C is superior to the * C. C" is an inferior court when compared with the ,C. ,o it the inferior or superior position of the court depends on the position of the court in relation to the other courts. But the * C is at all times inferior. here is no such thing as a barangay court. he * C is a 1 st level court. court of or")"nal +ur"sd"ct"on filed in the court as an original action? where case first filed court of a$$ellate +ur"sd"ct"on means that the case was thrown to that court on appeal. *eaning that it originated in a lower court and the case is appealed in the higher court. court of )eneral +ur"sd"ct"on e(ample is the R C. he R C has a very broad jurisdiction. Court of l"#"ted +ur"sd"ct"on e(ample is the * C. +nly small cases can be filed here. 1o% "t %as created, const"tut"onal court and statutor/ courts constitutional court < if created by the constitution +&!Y the ,upreme Court statutory courts < if created by law enacted by congress C", R C, ,andiganbayan and * C he ,andiganbayan is a C+&, # 0 #+&"!!Y MANDATED court but not a C+&, # 0 #+&"!!Y CREATED court. he constitution onl/ says that there shall be an anti graft court to be called ,andiganbayan to be created by law. %eriod. &othing more. You can)t find in the constitution the composition, powers and the function of the ,andiganbayan. he ,andiganbayan was created by a statuteC law. What "s the "#$ortance of &no%"n) that "t "s a const"tut"onall/ created court or a statutor"l/ created court! #f it is a constitutional court, it cannot be abolished anytime. You can)t abolish it without as$ing the permission of the people. here must be an amendment of the constitution before it can be abolished. #f it is a statutory court, it can be abolished anytime by Congress. #t is created by congress so they can abolish it anytime. hey can ta$e away some powers or functions of a statutory court. hey can add powers or jurisdiction to a statutory court. The su$re#e court. s"nce "s created */ the const"tut"on. "s co2e3ual %"th the con)ress and the $res"dent'

courts of la% and courts of e3u"t/ our courts are B+ H a court of law and a court of e=uity. When you say e=uity, the case is decided not based on any law but on e=uity. hey just apply the rule on e=uity. What they believe is fair and reasonable. But when you say court of law, you have to decide based on the law. +ur courts decide based on e=uity when there is no law. '=uity follows the law. When the law is silent, the court will still have to decide. Fr' Dan4s 5uest"on, Can the sand")an*a/an *e a*ol"shed */ the Con)ress ! Dean)s "nswerE the Congress can only replace and modify the structure and power. &ot abolish because the constitution provides that there should be an anti8graft court. The courts funct"on on the *as"s of +ur"sd"ct"on' The court cannot $roceed or tr/ the case "f "t does not ha(e +ur"sd"ct"on. What "s +ur"sd"ct"on! @urisdiction is derived from 4 latin terms FjurisG and FdicoG? law ? to spea$? to spea$ by authority of the law he authority to try and decide a case? hat authority to hear and decide a case emanates from the law, e(cept the ,C, whose power is conferred by the constitution. he court has the authority under the law to entertain that particular case. Error of +ur"sd"ct"on (s Error of +ud)#ent When the court does not have jurisdiction to try the case, the entire proceeding conducted by the court is null and void. But when the court has jurisdiction to try the case and the court committed and error in the e(ercise of that jurisdiction, the error committed by the court does not render the entire proceeding as null and void. he remedy of that party is to appeal that decision to the higher court. Error of +ur"sd"ct"on < the court entertain the case despite the fact that it does not have jurisdiction to try the case Error of +ud)#ent < the court has the jurisdiction to try the case and it tried the case but it committed an error along the way? li$e it misappreciated the evidence presented by the parties. he judge made a mista$e. Wh/ "#$ortant to #a&e the d"st"nct"on! ,o $now what remedy to apply. 'rror of jurisdiction < aggrieved party can =uestion it by way of certiorari 7petition of certiorari under rule :9; Can file certiorari only when there is grave abuse of discretion amounting to lac$ or e(cess of jurisdiction 'rror of judgment < aggrieved party can file an ordinary appeal 7rule 69; Author"t/ )"(en */ la% "s to the court and not to the +ud)e' he court is permanent. he judge is not. 7the judge may die, resign or be changed;. When the court grants that particular jurisdiction to that particular court, the judge sitting in the court hearing the case, cannot bring the case when he is transferred to another court. he jurisdiction is not to him but the court itself. What are the d"fferent t/$es of +ur"sd"ct"on! 1. general or limitedC special 4. original or appellate 5. e(clusive or concurrent 6. delegated E6clus"(e < that particular case should be filed only in that particular court and not in any other court. hat court has

the e(clusive jurisdiction over the case. '(ampleE ejectment cases 7unlawful dentainer or forcible entry cases; falls under e(clusive jurisdiction of the * C, regardless of the amount involved "nnulment of the decision f the R C falls under the e(clusive jurisdiction of the C". *eaning only this court can hear and try this case to the e(clusion of the other courts Concurrent < can be tried in any court 7in court ", B or C; '(. special civil action for Habeas Corpus, *andamus, prohibition, =uo warranto or certiorari You can file these in the R C, C" or ,C Dele)ated +ur"sd"ct"on < the power belongs to a particular court but the power is delegated by law to another court but only in e(ceptional circumstances. !i$e cadastral cases. hey belong to R C but under B% 14-, it can be delegated to * C when it is uncontested? or even when contested the amount falls below %1..,.... Venue (s 7ur"sd"ct"on H < refers to the %!"C' where the case is to be tried @ < refers to the "0 H+R# Y of the court to hear and decide a case H < a matter of procedural law @8 a matter of a substantive law H < can be fi(ed by the agreement of the parties @ < fi(ed by law H < establishes the relationship between the parties @ < establishes the relationship between the court and the subject matter H < just a place @ < is vested and conferred by law '(ample. You want to file a case. You file a case for collection of sum of money for the amount of %1*. assuming that you and the defendant is a resident of Cebu. Which court has jurisdiction? R C has jurisdiction where the amount e(ceeds %5..$ or %6..$ if in *etro *anila.. here are many R Cs all over the %hilippines. Can you file it in the R C in davao? #locos? awi8tawi? &o. where to file it is now a matter of venue. he place where the case will have to be tried. Considering that both parties are from Cebu, the case will have to be filed in Cebu. You cant file it in R C outside cebu. @urisdiction is conferred and fi(ed by law. Henue however can be changed by the agreement of the parties to a contract. 7Rule 6; Ele#ents of 7ur"sd"ct"on (Re3u"s"tes 1. @urisdiction over the subject matter 4. @urisdiction over the parties 5. @urisdiction over the issues 6. @urisdiction over the res 7ur"sd"ct"on o(er the su*+ect #atter How ac=uired? By virtue of the conferment of the jurisdiction by law. he law determines whether the court has jurisdiction over the subject matter. Ienerally, the jurisdiction of the court is determined by the allegations in the complaint. +n the basis of the allegations in the complaint, you will $now whether the court has jurisdiction vis8J8vis what the law provides. he law granting jurisdiction to this particular court. he jurisdiction over the subject matter is conferred by law and &'H'R ac=uired by agreement or consent of the parties unli$e venue. "s a rule, jurisdiction cannot be conferred by silence just because the other party did not object to the complaint.

Kor e(ample, #f the plaintiff files a complaint and by reading it, it is clear that the court has no jurisdiction over the subject matter, then the defendant did not do anything li$e file a motion to dismiss. he defendant just $ept silent. #t does not mean that the court has eventually ac=uired jurisdiction over the case. #f the court does not have jurisdiction, then it does not have the jurisdiction to proceed with the trial of the case. @urisdiction as a rule cannot be waived. he court can even moto proprio dismiss the case if it finds that it does not have jurisdiction. When the court does not have jurisdiction, the issue can even be raised even for the first time during appeal. *eaning that if the defendant fails to =uestion the jurisdiction of the court, it can still =uestion the jurisdiction even for the first time on appeal. E6ce$t in one case where the $r"nc"$le of esto$$el */ laches was applied. I.R. when the court does not have jurisdiction to try the case, the entire proceeding in the court is null and void. "nd the defendant can =uestion of jurisdiction at any time during the trial of the case. 'ven if the case has already been terminated. Because lac$ of jurisdiction is a defense that cannot be waived. '(ceptionE the court applied a new doctrine called the estoppel by laches. #f the defendant did not =uestion the jurisdiction of the court for an 0&R'",+&"B!' !'&I H +K #*', such that he would be considered to have been sleeping on the time, then he loses the right to =uestion the jurisdiction of the court. #@"* vs ,#B+&IH"&+Y he plaintiff filed a case in the wrong court, one which does not have jurisdiction. #t was a collection case for a sum of money for the amount of %1,-... it was wrongfully filed in the CK# 7R C now;. #t should have been filed in the * C. he defendant did not =uestion the jurisdiction of the CK#. the defendant and his lawyer participated in the trial of the case in the CK#. he defendant lost the case. He filed a motion for reconsideration which was denied by the CK#. Defendant filed an appeal to the C". the case stayed in the C" for many years until the C" finally decided in favor of the plaintiff. he defendant filed a motion for reconsideration. #magine how many years have lapsed from the time the original case was filed. %ending the motion for reconsideration, it was only then the lawyer of the defendant realiLed that the original court has no jurisdiction. #t was only then the lawyer of the defendant raised the =uestion of jurisdiction while the case has already been decided by the C". and it was then already pending there by a motion for reconsideration. he ,C said that it will not allow this stale claim. he defendant was apparently sleeping on his right. He is guilty of laches 7half brother of prescription8 with specific period of time;

!aches was not applied in relation to the issue of jurisdiction. 1e %as esto$$ed to 3uest"on the +ur"sd"ct"on of the court *ecause of laches. You were sleeping on your right. !aches is failure to bring the issue for an unreasonable amount of time. his does not mean that if the defendant failed to =uestion the jurisdiction in the trial court, the defendant in not noticing it, or not =uestioning the jurisdiction, does not mean that he can)t =uestion the jurisdiction by the time he filed the case in the C". But by the time he appeals, he immediately noticed that the R C does not have jurisdiction. He can still raise the issue of jurisdiction for the first time on appeal. he ijam case is only an e(ception to the general rule. "n unreasonable length of time has already passed in that case. @urisdiction over the subject matter is determined by the allegations in the complaint. &ot the allegations in the answer. '(cept in one case when the allegations in the complaint was for a breach of contract, " filed a complain against B. in the answer of B, it appears that the contract is not an ordinary contract. #t)s more of a contract of employment. Here the !abor Code will apply. #f it is discovered that the relationship is that of an employer8employee relationship, then the case will become a labor case and should not be filed in the R C. #t does not have to jurisdiction. #n another case, the plaintiff filed an ejectment case against the defendant? plaintiff is the owner the land being occupied by the defendant. Defendant said that the plaintiff has not been paying rent for a long time. But the court finds that the relationship of the parties are not that of an ordinary relationship of a landlord and tenant. he relationship was governed by the tenancy law. he defendant is not an ordinary tenant, but an agricultural tenant because he tills the land of the plaintiff and he should be given a share. #t should be filed in D"R"B. he * C does not

have jurisdiction to try the case. D"R"B < =uasi8judicial court to handle all cases that involve the agricultural tenant and land lord herefore although the allegations of the complaint states that it involves and ordinary ejectment case but if the court finds from the answer that there is an agricultural tenant relationship involved, then the * C does not have jurisdiction. hese two cases are e(ceptions from the general rule. he allegations in the complaint may be disregarded if there are sufficient evidence that the court does not have jurisdiction to entertain that particular case. 7ur"sd"ct"on o(er the $art"es %artiesE plaintiff and defendant @urisdiction over the person of the plaintiff < from the timeC moment the complaint is filed in court @urisdiction over the person of the defendant < from the timeC moment the defendant receives the summons '(ceptionE if he voluntarily submits himself to the jurisdiction of the court '(ampleE signing a compromise agreement and submitting it to the court 7ur"sd"ct"on o(er the "ssues Determined by the allegations in the %!'"D#&I submitted by both parties to the court for consideration. &ot only the complaint. When you say pleading, it includes the answer. @oining of the issues < when there is already a complaint and an answer especially if the plaintiff already filed a reply to the answer. he court will declare that the issues are already joined. he court can determine what issues need to be resolved. 7ur"sd"ct"on o(er the res Res means property. he court ac=uires jurisdiction over the res the moment the court ta$es control over the property which is the subject matter of the case. @urisdiction over the res is ac=uired the moment by actual or constructive seiLure by the court of the thing in =uestion or the subject matter of the case and placing it in custodia legis. Done either by attachment or garnishment. If the court has ac3u"red +ur"sd"ct"on o(er the res. "t can also ac3u"re +ur"sd"ct"on o(er the $erson of the defendant e(en "f su##ons %as not ser(ed' here are cases where the court has not ac=uired jurisdiction over the person of the defendant because it is difficult to serve summons on him. But if the court can ac=uire jurisdiction over the res, the court can proceed with the trial of the case. #f the defendant is outside the country or cannot be located and difficult to send summons but the property in =uestion 7subject matter; of the case is located here in the %hilippines, and the court can ac=uire jurisdiction over the property, then the court can proceed with the case. Here you can attach the property. #t is now in custodia legis. he court has already ac=uired jurisdiction over the res. Class"f"cat"on of courts Regional Courts vs ,pecial Courts Regional courts are the ,C, C", R C and * C ,pecial courts are the C ", ,B and other courts. 7li$e the =uasi bodies; Su$re#e Court Highest court of the land? he court of the last resort? this is the Ffinal reviewerG of the decisions of the lower court.

+riginal jurisdiction < case can be filed directly in the ,C as an original action ,ec 9 "rt 2 of consti E over all cases involving ambassadors, consuls and other public ministers? and also over special civil actions involving petitions for certiorari 7rule :9;, prohibition, mandamus, =uo warranto, habeas corpus and others. hese cases can be filed directly in the ,C. "ppellate jurisdiction Way of certiorari under rule 69 < appeal from C" to ,C "rt 2 sec 9 the ,C has the power to review, revise, reverse, modify, alter or affirm on appeal or by certiorari as the law or the rules of court may provide, final judgments and orders emanating from the lower courts "ll cases involving the constitutionality or validity of the law, treaty, ordinance, presidential orders or regulations are in =uestion. "ll cases involving the legality of any ta( impost, assessments or polls any penalty imposed in relation thereof. "ll cases in which the jurisdiction of the lower court is in issue. "ll criminal cases in which the penalty imposed is reclusion perpetua or higher. #n all cases where an error or =uestion of law is involved. +nly cases involving =uestion of law should be elevated to the ,C 7this is the general rule; Review decisions of lower courts. 5uest"on of fact #nvolve the calibration of evidence presented by the parties during the trial in order to merit out the truth? o determining who is telling the truth 5uest"on of la% %resupposes that the =uestion of fact is already settled? what the court is as$ed to decide is what law to be applied to these set of facts. #f you raise a =uestion of fact in the ,C, the ,C normallyC generally will dismiss the case unless it feels that it will entertain that =uestion. ,ection - "rticle 3E the supreme court shall have the power to review decisions of the 5 constitutional commissions 7C+", C,C and C+*'!'C; he 5 constitutional commissions are vested with =uasi judicial power < they can decide cases falling under its jurisdiction You can appeal the decisions of these constitutional commissions directly to the ,upreme Court. You don)t have to go to the C" or R C. he reason is that these 5 constitutional commissions are at par with the C" in so far as ran$ing is concerned. #t will be absurd if you will appeal the decision of the 5 constitutional commissions to the C" because they are of the same ran$. However under R" 3-.4, the C" was vested with the power to review the decisions of the C,C and the CB"" 7central board of assessment appeals;. hus the decisions of the C,C are appealable to the C". You don)t go directly to the ,C. Decisions of the C+" and C+*'!'C, they can be appealed directly to the ,C. he ,C shall be the sole judge of all contests involving the election of the president and vice president of the %hilippines. he ,C shall have the power to review the sufficiency of the factual basis of the declaration of the martial law or the

suspension of the privilege of the writ of habeas corpus. "side from these judicial powers 7power to decide the case;, the court has the administrative power. his is the power of the ,C to supervise and administer all other courts in the %hils. #t has the power to assign temporarily judges of lower courts to other stations as public interest may re=uire. he ,C the power to change the venue or the place of the trial to avoid the miscarriage of justice. he ,C has the power to promulgate rules and regulations in the practice of law and in the admission to the bar. he ,C has the power to appoint all officials and employees of the judiciary in accordance with the civil service law. Const"tut"onal l"#"tat"ons of the +ud"c"al $o%er "lthough the congress has the power to create lower courts aside from the ,C, and that power to create a new court, carries with it the power to define, prescribe and apportion the jurisdiction of the various courts, it also includes the power to abolish the courts but the congress can)t abolish the ,C because it is not created by congress. Congress can)t limit or curtail the power of the ,C because the power of the ,C is provided for by the constitution. Congress cannot pass a law that will increase the jurisdiction of the ,C or that would add more responsibility or function of the ,C without the consent of the ,C. here should be prior consent of the ,C. he ombudsman actC law was created and it provided there that the decisions of the ombudsman would be directly appealed to the ,C wCo passing through the C". Congress didn)t get prior consent. ,o ,C said, the decision of the ombudsman should first be appealed to the C". CO8RT OF APPEALS 0r"ef 1"stor/, Court of "ppeals created pursuant to old Rules of Court of 1-6.. his was revised in 1-:6 and it is called the Revised Rules of Court. he C" is ne(t in ran$ to the ,upreme Court. #t was originally created pursuant to @udiciary ReorganiLation "ct of 1-6. but later on changed by B% 14-, otherwise $nown as @udiciary ReorganiLation "ct of 1-2.. #n B% 14-, the C" was abolished and in lieu thereof, a new court was created named the #ntermediate "ppellate Court. he composition of the #"C under B% 14- was 1 %residing @ustice and 6- "ssociate @ustice totalling 9. members. he 9. was divided into 1. divisions with 9 members for every division. !ater on, B% 14- was amended by '+ 55, which recreated the Court of "ppeals. !ater on, '+ 55 was amended by R" 246: which e(panded the composition of the C". 0nder '+ 55, the membership in C" was increased by 1 justice totalling 91 justices divided into 13 divisions with 5 members each division. 0nder R" 246:, the composition of the C" was increased from 91 to :- justices. #t was divided into 45 divisions with 5 justices each division. he original 13 divisions were retained in *anila. 12, 1-, and 4. divisions are assigned in Cebu. 41, 44, and 45 divisions are assigned in Cagayan de +ro. Divisions 12, 1-, and 4. in Cebu e(ercise appellate jurisdiction over decisions of trial courts in entire Hisayas, while the 5 divisions in Cagayan de +ro are responsible for the entire *indanao. 7ur"sd"ct"on, 1. Or")"nal, petitions for certiorari, prohibition, mandamus, =uo warranto, habeas corpus? rule :9 which is special civil action? these cases can also be filed in ,C and the R C? these cases under rule :9 falls under concurrent jurisdiction of the three courts which is ,C, C", and R C so they are original but concurrent jurisdiction 2. E6clus"(e, annulment for judgment of R C 3. A$$ellate, e(clusive appellate jurisdiction over all final judgments, decisions, resolutions, orders, or awards of R C and =uasi8judicial agencies, instrumentalities or bodies, boards or commissions including ,'C, ,,C, 'CC, C,C, etc. 7rule 65; R" 246:E it depends on which part of the country you are then appeal decisions of R C to the corresponding C" in that area

How do you appeal the decision of the R C to the C"? #t depends on what $ind of decision was rendered by the R C. #f it is in the e(ercise of the original jurisdiction of R C, then appeal the decision by ordinary appeal, by mere notice of appeal. #f the decision is in the e(ercise of the R C appellate jurisdiction, that decision emanated from * C then appealed to R C, then the mode of appeal to C" is called petition for review under rule 64. 5uas"2+ud"c"al *od"es, agencies or departments of the government that is vested by law with a =uasi8judicial power, has the power to hear, conduct a hearing and decide the case '(ampleE H!0RB entertains cases such as cases against developer of a condominium for not complying with providing amenities. H!0RB is an agency under the e(ecutive branch of government, but they are given certain powers similar to that of a court. hat is why they are called =uasi8judicial. Kollowing the principle of hierarchy of courts, decisions of =uasi8judicial bodies are appealable first to the C" and not directly to the ,C. he only way to appeal directly to the ,C is if the decision is from C+*'!'C or the C+**#,,#+& +& "0D# . Decisions of C#H#! ,'RH#C' C+**#,,#+& are no longer appealable directly to the ,C. #t is appealable to the C". #f you read the Constitution, it says that decisions of the three constitutional commissions shall be appealed to the ,upreme Court, unless otherwise provided by law. hus, Congress has authority to enact a law to change this. 0nder R" 246:, Congress removed power from ,C to have direct review of decisions of Civil ,ervice Commission. hey must be first appealed to C". #n light of decision of ,C in the case of ,t. *artin)s Kuneral Homes vs &!RC, the ,C held that you do not appeal the decisions of the ,ecretary of D+!' and the &!RC directly to ,C but must first be appealed to C" in the observance of the principle of the hierarchy of courts. Decisions of &!RC shall be appealed to C" by way of certiorari under rule :9. #f still not happy with the C" decision, elevate to the ,C by way of certiorari under rule 69. Krom &!RC, to C" via rule :9. Krom C", to ,C via rule 69. Certiorari under rule :9 is based on lac$ of jurisdiction or grave abuse of discretion amounting to lac$ of or e(cess of jurisdiction. Certiorari under rule 69 where you only raise pure =uestions of law, not of facts. RE9IONAL TRIAL CO8RTS #n B% 14-, the %hilippines was divided into 15 judicial regions. 'ach region shall have one R C, with so many branches. ,o, there are 15 R C, but several branches "s of now, all over Central Hisayas, there are no less than 9. R C branches. 7ur"sd"ct"on, :' E6clus"(e Or")"nal, a. all civil action where subject matter is not capable of pecuniary estimation i.e. action for specific performance, annulment of contract 7subject matter of case cannot be =uantified into how much in terms of money;? b. all civil action which involve title to or possession of a real property or an interest therein, e(cept actions for forcible entry and unlawful detainer which must be filed with * C #f value e(ceeds %4.,... then R C. #f value is %4.,... or less then * C. #n actions for =uieting of title, this is an action which involves title or possession of real property. hus, loo$ at the value of the property. #f e(ceeds %4.,..., file it with R C. #f %4.,... or less, file it with R C. #n ejectment cases 7forcible entry and unlawful detainer;, file it with * C regardless of the value of the property to be recovered. c. all civil actions in admiralty and maritime jurisdiction where the demand or claim e(ceeds %1..,.. or in *etro *anila e(ceeding %4..,... 7note that this jurisdictional limit has been amended; his involves carriage of goods by sea act, or any case involving ships or vessels. R" 3:-1E jurisdictional limit for R C shall be increased 9 years after 7approved 1--6; from %1..,... to %4..,.... #n *etro *anila, from %4..,... to %6....... his is effective in year 1---. 9 years after 1---

74..6;, jurisdictional limit of R C outside *etro *anila shall be increased further by %1..,.... hus, jurisdictional limit for outside *etro *anila is %5..,... and in *etro *anila is %6..,.... * C can now try and decide admiralty and maritime cases if amount is %5..,... and below. d. all matters of probate, both testate and intestate proceedings where gross value of estate e(ceeds %5..,.... #f value e(ceeds %5..,..., then R C. #f value is %5..,.. and below, then * C. e. all actions involving contract of marriage or marital relations 7transferred to family courts; f. all cases not within the e(clusive jurisdiction of any court, tribunal, person or body e(ercising judicial or =uasi8judicial function g. all cases falling before in the jurisdiction of the C"R 7handles agrarian cases; and the @DRC 7@uvenile Domestic Relation Court? predecessor of family courts; hese are removed from R C. Kamily Court was created pursuant to R" 25:-, and the D"RR"B was created pursuant to R" ::93. #n agrarian cases, R C jurisdiction is limited to determination of just compensation in case of e(propriation of land under C"R% or criminal cases filed in violated of C"R%. h. all other cases in which the demand, e(clusive of interest or damages, where value e(ceeds %5..,..., then venue is R C. 2. E6clus"(e A$$ellate, ,ec 1-, B% 14- decisions from * C appealed to R C 3. Concurrent, petitions for certiorari, prohibition, mandamus, =uo warranto, habeas corpus are cases in concurrence with C" and ,C? cases involving ambassadors, public ministers, consuls are cases in concurrence with ,C R8LE : R'H#'WE Real act"on < one affecting title to or possession of a real property or any interest therein Personal act"on < action that is founded on the privity of contract 7i.e. action for sum of money, =uasi8delict, recovery of personal property; M"6ed act"on Accord"n) to %here "t "s )o"n) to *e f"led, ransitory < action can be filed in place of plaintiff or defendant at the option of plaintiff 7i.e. personal action; !ocal action < action that should be filed in the place where property subject matter of controversy is located 7i.e. real action, should be filed in the place where the real property is located; his classification is based on venue. Another class"f"cat"on, "ction in personam < judgment of court binds only parties or their successors8in8interest "ction in rem < decision of court binds the whole world "ction =uasi in rem < personal action but has the effect of binding the whole world 7i.e. foreclosure of mortgage, when # foreclose a mortgage this is only supposed to bind the two parties so it is personal, but once mortgage is foreclosed and sold on public auction, buyer of property has right against the whole world so the effect is in rem. "lthough it is personal but the effect is in rem. ,o, it is =uasi8rem; &oteE here are many instances where a real action can also be an action in personam, or a personal action can also be an action in rem. "n action to recover a parcel of land is a real action, but the decision of court in this case binds only parties in this case. #t is a real action but the effect is an action in personam. "n action for annulment of marriage is a personal action because it is based on privity of contract, but the effect of the decision of the court binds the whole world. ,o it is a personal action but the effect is it is an action in rem, binding to the whole world. Distinction between an ordinary civil action and a special proceedingE ,%E person see$s to establish a status, right, or particular fact +C"E one sues another to enforce his right? enforcement or protection of a right or the prevention or redress of a wrong "n action is commenced by filing of complaint in court.

" complaint is filed either by personal delivery or by mailing 7registered mail or ordinary mail; ,C held that it is not enough that you file a complaint in court that an action is considered commenced. #t is the payment of the doc$et fees that is important. he payment of the doc$et fees and other lawful fees commences the action. *anchested Devt Corp vs C" ,un #nsurance +ffice vs C" Da$ay vs R C of agum Rule on interpretation of Rules of CourtE Rules of Court shall be liberally construed but there are provisions that must be construed strictly such as rules pertaining to observance of reglementary period to file a pleading because that is necessary for speedy disposition of cases. R8LE ; "bout cause of action. Rule 1 in civil action is that every civil action must be based on a valid cause of action. You cannot file a complaint if there is no cause of action. here must be a cause of action that will support your complaint. Cause of act"on < an act or omission by which a party violates the right of another? refers to the act committed by the defendant which violates your right? in layman)s terms, it is the reason why you filed the case? what act has he committed that gives rise to a cause of action, a reason for you to go to court because your right is violated by the defendant through the commission of an act or an omission Ele#ents, 1. right of the plaintiff 4. correlative obligation of defendant 5. act or omission committed by defendant which violated right of plaintiff 6. damage Damnum "bs=ue #njuria < there is no damage if there is no injury? there must be damage because if there is no damage then how can you file a complaint or a case Cause of act"on < act or omission of the defendant which gives rise to an action R")ht of act"on < right given by law to an injured party to bring that action in court for the recovery of damages, protection of his right, prevention or redress of a wrong Ele#ents, 1. Halid cause of action 4. %laintiff must have performed all the conditions precedent to the filing of the action refers to condition precedent meaning if law or rules provides that you must have to do this act before you bring the action then you have to do it otherwise you have no cause of action? i.e. in the case of $atarungan barangay, if the plaintiff and defendant resides in the same barangay, no cause of action will accrue if they don)t pass through the lupong tagapamayapa, you have to pass through barangay court, purpose is for the barangay captain to convince party to settle amicably. #f not then brgy captain or lupon will issue certification to file action. his must be attached. Without it, the case will be dismissed? principle of e(haustion of administrative remedies, there are cases where you have to e(haust administrative remedies before going to court otherwise your case will be dismissed on the ground of no cause of action because you filed to comply will re=uirement of conditions precedent? in family law, if it is a suit between members of the same family, you must allege in your complaint that before you filed a case, you e(erted every effort to settle amicably, otherwise your case will be dismissed because of failure to comply with condition precedent? if you do not comply with this condition, your civil action will be dismissed on the ground of failure to state valid cause of action I'&'R"! R0!'E When there is only one cause of action, there should be only one case to be filed? " single act or omission can give rise to only one cause of action?

You cannot split a single act or omission into several causes of action? #t is possible that single act or omission may give rise to several remedies but it does not mean that you can avail of all these remedies at the same time? '(amplesE we enter into contract of loan, you borrowed money from me, %1million. You signed a promissory note. You also e(ecuted a real estate mortgage to secure loan. When you failed to pay loan upon maturity, what are available remedies? Collection case to recover %1 mill plus interest? foreclose mortgage. But it does not mean that # can collect %1mill and at the same time foreclose mortgage. # cannot avail of these two remedies simultaneously. here is only one cause of action which is failure to pay upon maturity date. But #)m give two or three remedies but # cannot avail of them at the same time because a single act can only give rise to single cause of action. You are not allowed to split a single cause of action into several cases because it is already splitting a single casue of action which the rules does not allow. #n the same e(ample, we entered contract, you violated contract. What case can # file? Breach of contract? rescission of contract? specific performance to force you to perform your obligation? damages for violation. But # cannot file all of these at the same time, # should choose one. #f # file them at the same time, it is splitting cause of action. You land grabbed. # filed case for recovery of land. Can # file another case for damages arising out of act of land grabbing? &o because it is splitting cause of action. Case for damages should be tried together with recovery of land because it arises out of a single act of land grabbing. here is only one cause of action. #f # file another case for damages, then another case for accounting of all fruits, then a fourth case for reimbursement of attorney)s fees and litigation e(penses. You cannot do this because it is splitting one cause of action into several cases. " single act will give rise only to a single cause of action. " cause of action is an act or omission committed by defendant which violates right of plaintiff. #f that act of defendant violating right of plaintiff, it gives rise to right of plaintiff to go to court and as$ for remedy. +ne instance, lawyer filed complaint. Defendant filed motion to dismiss on ground of lac$ of cause of action. During hearing, judge was convinced that there is no cause of action and case is dismissible. But he called the lawyer and as$ed plaintiff lawyer whether they have cause of action. hen lawyer said that # already received acceptance fee, is that not a reason for me to file the case? #t is very unethical. #t made the lawyer a mercenary. His case was eventually dismissed. Do not commit this same error. #nstances where several causes of action may be joined in one complaint. #t is allowed especially if it involves the same parties and arising out of the same transactions or series of transactions. ,ame plaintiff, same defendant, same transactions but several causes of action. " party may in one pleading assert in the alternative or otherwise as many causes of action that they may have against an opposing party subject to the following conditionsE 7o"nder of causes of act"on, Alternat"(e, '(ample, you do not $now which of the two is liable to you. #s it a or b? ,uppose your ship cruise from manila. You shipped goods through ,ulpicio !ines. When your goods arrived in cebu, you discovered that they were already damaged and investigation conducted, ,ulpicio !ines and arrastre operator were blaming each other. #f you are owner of goods, who will you file a case against? You can sue both of them in the alternative. You sue ,ulpicio !ines and you ma$e other company an alternative defendant. ,o if ,ulpicio is found not to be at fault, then arrastre may be held liable. his is e(ample of two causes of action available to you. You have cause of action against ,ulpicio. You have cause of action against arrastre operator and you join them in one complaint alternatively. #f one is not liable then other must be liable. Cu#ulat"(e, 5 or 6 or 9 causes of action may be joined together Cond"t"ons, 1. ,hall comply rule on joinder of parties under Rule 5, sec :. @oinder of parties provides that several parties can be joined together in one case, either plaintiffs or defendantsE

a; subject matter of case arises out of same transaction or series of transaction? and b; =uestion of law or fact is common to all plaintiff and defendant 4. ,hall not include special civil actions Cannot join action for recovery of real property and ejectment case because ejectment case is a special civil action. Cannot join special civil action and ordinary civil action because special civil action is governed by different rules. Causes of action are same parties but different venues or jurisdiction, joinder may be allowed in R C provided one of the cause of action falls within jurisdiction of said court and the venue lies therein? #f one cause of action is triable in * C, and the other in R C, the two causes of action may be joined together but it should be tried in the R C? Where the claims of all causes of action are recover of money, the aggregate amount shall vest the jurisdiction. '(ampleE you borrowed %1.4m, you promised to pay me in one year, payable in instalment at %1..,... per month. here is contract, you signed promissory note. When you failed the first instalment, that is already one cause of action. # can file right away a case against you. When you file dto pay the 4 nd instalment, that is another cause of action. 'very instalment that you failed to pay constitute a single cause of action. But if # decide to file a case after you failed to pay the 9 th instalment, can # file five cases including the previous instalments you failed to pay? #f # decide to file a case after you failed to pay 9 th instalment, the rules say that # should only file one case. he five causes of action will now be joined into one case. #t is mandatory under rules because it involves same parties and arises out of the same contract of loan, then # have to join all causes of action. #n a situation li$e this, if several causes of action arising out of the same transaction are joined, the totality rule will govern in determination of court)s jurisdiction. '(. 1 st cause of action is %1..,... then * C. But if # file after 9 instalment due, it is joined so it becomes %9..,..., the case is filed with R C because totality rule will govern.

5.

MIS7OINDER OF CA8SE OF ACTION, cause of action that is misjoined in one complaint? this cause of action should not have been joined because it belongs to jurisdiction of other court? or cannot ac=uire jurisdiction over person. #s this ground for dismissal? &o. *isjoinder of cause of action is not a reason for dismissal. his shall only be severed or removed from the complaint but not dismissal. R8LE "bout parties to a civil action Who can be parties to a civil action? 4 partiesE plaintiff and defendant +nly natural or juridical persons may become parties to civil action. &atural refers to human beings. @uridical refers to corporations or associations which are duly registered with ,'C. 'ntities authoriLed by law may also be a party to a civil action. Rules provide that parties to civil action must be natural person or juridical person or entities authoriLed by law. 'ntities although not juridical person are authoriLed by law to sue. '(ampleE estate of deceased person, the administrator of estate can sue and the estate can also be sued. IRE every civil action must be prosecuted or defended in the name of the real parties in interest. Who is real $art/ "n "nterest? +ne who stands to be benefited or injured by judgment in suit or the party who is entitled to the avails of the suit. What is the effect if suit is brought by or against a person who is not a real party in interest? he case will have to be dismissed because the case must be brought by or against a real party in interest.

Class"f"cat"on of Real Part"es2"n2Interest, Pro2for#a Part"es, party who is not really directly involved in the case but who ought to be included because rules so provideE e(. When you file a case against a married woman, you have to implead the husband as a general rule. he only e(ception is if the property subject matter of the suit is an e(clusive property of the wife, husband may not be impleaded. Re$resentat"(e Part"es, party who represented the real party8in8interest? those who prosecuted or defended the case for or in behalf of real party8in8interest Ind"s$ensa*le Part"es, one who must be impleade as a party to the case for without him there can be no final determination of the case What happens if you did not include the indispensable party? he case will be dismissed. #t will not prosper if indispensable party is omitted. '(ampleE action for partition, every co8owner of the property is an indispensable party. Your parents left behind a substantial estate. You file a case for partition of estate, you have to include your brothers and sisters as parties. #f one of the co8owners is not impleaded, the case will be dismissed because there is an indispensable party who was omitted? action for recovery of debt, the guarantor is not an indispensable party but only a necessary party? action for foreclosure of mortgage filed by 1 st mortgagee, the 4nd mortgagee is not an indispensable party but only necessary party Necessar/ Part"es, those who are not indispensable but who ought to be included if complete relief is to be accorded to those who are already parties or for a complete determination of the claim subject matter of the action? may or may not be included? '(ampleE " and B borrowed money from me, they signed a promissory note which states that Fwe solidarily bound ourselves to pay *r. *onteclar %1*. Kailed to pay so # filed case against " only, not including B. he case will prosper because B is not an indispensable party because they are solidary debtors so # can recover from any one of them? in same e(ample, suppose they state Fwe jointly bound ourselves to pay %1*G so it means " is liable only for %9..,... and B is liable only for %9..,.... # filed case only against ", so # can recover only %9..,... because it is only joint obligation. he case will prosper because B is not an indispensable party but he is a necessary party. Kor complete determination of case, # should have filed case against both " and B but no law can compel me to file a case against both. Rule 5, ,ec - provides that if there is a necessary party which was not included in the complaint, the plaintiff must state in the complaint why he did include the necessary party and if the court is convinced that there is no justifiable reason for not including the necessary party, the court may order the plaintiff to amend his complaint and implead that necessary party. #f the plaintiff, despite the order of the court, refuses to obey the order of the court then plaintiff can no longer be able to recover from that necessary party? " and B jointly bound to pay me %1*, # filed case only against " because B can no longer be located. #f # include B, the case will be delayed because court cannot ac=uire jurisdiction over B. his is a good e(ample why # did not implead B as necessary party. his is why when there is non8inclusion of necessary party, the court will in=uire about the reason, and when you present justifiable reason, the court will allow you to do so. CLASS S8IT, action filed by several persons in representation of a more numerous number of people belonging to the same class? #f there are already many people involved and it becomes impracticable to put them all as plaintiff, then a representative group of that class may file an action and it is called a class suit. 0nder ,ec 14, allowed only when subject matter of the controversy is one of common or general interest to many person so numerous that it is impracticable to bring all of them as parties so a number of them may file a case for and in behalf of the many? '(ampleE Congress passed a law that is prejudicial to interest of all sugar planters and they believe that is unconstitutional so they wanted to =uestion the law. here are thousands of sugar planters all over the country. #t becomes impracticable to put the names of all the plaintiffs. hey may just allow a group or representative of them, normally the officers of ,ugar %lanters "ssociation of %hilippines, to file a case =uestioning the validity of the law. he sugar planters belong to a class of people, affected by legislation, and representative group files a case against the

validity of the law. Cond"t"ons<Ele#ents for Class Su"t, 1. ,ubject matter of controversy is of common and general interest to many '(. here were several s=uatters who occupied a private land. hey wanted to file case against the landowner to compel him to sell the land to them. hey formed an association, and their officers filed a case against the landowner as a class suit in representation of the hundreds of s=uatters. #s this a class suit? his is not a class suit because the s=uatters that they represent or the subject matter of the controversy is not one of common and general interest to all. " s=uatter does not have the same interest as the other s=uatters. #f # am one of the s=uatter, my interest is only with respect to the portion that # occupy. # am not interest in the land occupied by my neighbour. herefore, we are not bound by common or general interest. his is not proper for a class suit. 7,ulo ng Bayan vs "raneta; '(. he case of *H Dona %aL. When it san$ off the coast of !eyte, there were thousands who died. When it collided with the tan$er, it e(ploded. here were many who died. he relatives of the victims, together with some survivors, they joined together, formed an association which they called Bulig8Bulig Mita Mamag8ana$ and filed a case against ,ulpicio !ines as a class suit. his is not a class suit, because the plaintiffs are not bound together by a common or general interest of the case. he subject matter is not common or general to all because the relatives of one victim do not have interest in other victims. hey are not bound together by a common or general interest because the interest is individual. his is not a proper class suit. 7Bulig8bulig Mita Mamag8ana$ "ssociation, #nc vs ,ulpicio !ines #nc; his is an important element. 4. %arties are so numerous that it becomes impracticable to join all of them as parties8plaintiffs 5. " number of them which the court finds to be sufficiently numerous may file the suit for the benefit of all ="nds of Defendant, 1. Alternat"(e Defendant, if you are not sure which of the two possible defendants is liable to you, then sue both of them in the alternative 2. 8n&no%n Defendant, whenever the identity or name of defendant is un$nown, he may be sued as an un$nown owner or other designation as the case may re=uire? later on when the identity of the defendant is divulged, then amend your complaint and put the name of the defendant 3. Ent"t/ %"thout +ur"d"cal $ersonal"t/, can be made as a party to the case? you just put the name by which that entity is $nown? later on the persons who comprise that entity will be compelled to divulge their name, and once this is $nown, then amend your complaint and put the name of those persons What is the effect if a party to the case dies during the pendency of the action, will the case continue or will it be dismissed? You have to distinguish the $ind of action filed. Kirst =uestion, is it an action that survives or an action that does not survives? "n action that survives is an action that may continue despite death of a party because it is not a personal to the party to the case. "n action that does not survive is an action that is very personal to the party in the case. '(ample if action is for collection of sum of money. # filed case against my debtor. While case is pending, debtor died. he case will go on because defendant may just be substituted by its heirs. #n an action for annulment of marriage against my wife, during the pendency of the case my wife dies, then the case for annulment has no use. Death e(tinguishes marriage. he same is true with legal separation, declaration of nullity of marriage. hese are actions that do not survive. #f an action is one that does not survive, the death of the party will result to dismissal of case. #f an action is one that survives, the action will go on despite death of the party. What should the lawyer of the deceased party do? 0nder Rule 5 sec 1:, when a party to the action dies, it is the duty of his lawyer to immediately inform the court of the death of his client so that proper substitution of parties will ta$e place. " lawyer who is aware that his client is already dead but did not inform the court about it and continued with the case can be sanctioned, penaliLed, suspended, or even disbarred. When a party to the case dies, the authority of the lawyer to represent him is automatically terminated. he only job

left to the lawyer is to inform the court that the client is already dead. When you inform the court, you also have to inform the court who will substitute the client or who will represent him in the case. he rule is that the representative of the deceased person is the e(ecutor or the administrator of his estate if there is settlement of estate of the deceased person, not the children or his wife. However, if there is no settlement of the estate as when the party dies without any liabilities, the heirs can e(trajudicially settle the estate among themselves and the heirs will be the one to substitute him. #f the lawyer continued with the trial of the case, not informing the court that his client is already dead, the effect is that the entire proceeding is null and void because there is no more personality of that party to go on with the case. he heirs of the deceased party will not automatically substitute because priority is given to e(ecutor or administrator. hey will only be allowed if there is unreasonable delay in appointment of e(ecutor or administrator or when the heirs result to e(trajudicial partition of estate because the deceased party died without any liability. Death of Defendant "n a Mone/ Cla"# (Sect"on ;> , #f during the pendency of the action the defendant dies, will it cause the dismissal of case? 0nder the new rules, &o. #f the civil action for collection of sum of money is already pending in court, it shall be allowed to continue because it will be duplication if you withdraw and file it in the settlement of estate. When the court)s decision is final and e(ecutory, then present it to the e(ecutor or administrator of the estate of the deceased defendant. You present it as a claim. You did not present evidence anymore because evidence has been presented in the collection case. What happens if party to the case who dies is a public official, will the case be dismissed? #t depends on the one who succeeds him. #f the person who too$ over the position refuses to continue with the case, the case will have to be dismissed. What happens if a party to the action becomes incompetent or incapacitated during pendency of the case, will the case be dismissed? &o, the party will only be represented by his legal guardian. What happens if during the pendency of the case, a party transfers his interest on the property which is the subject matter of the case? '(ampleE you filed a case against me for recovery of parcel of land. hat land was declared in my name and you wanted to get it from me. You forgot to annotate a notice of lis pendens. While case was pending, # sold my land. ,o there is transfer of interest while case is pending. Will the defendant be removed from the case, and the buyer will substitute him? &o. he case can go on without impleading the buyer because anyway, the buyer will be bound by whatever is the outcome of the case. Ind")ent l"t")ant, one who has no money or property sufficient or available for food, shelter or basic necessities for himself and his family o be able to litigate as indigent litigate, you must file a motion with the court to litigate as an indigent litigant. 0pon approval of motion, you will be e(empted from filing of doc$et fees. #f you win the case and you are awarded by the court, the filing fee which you were not able to pay will be a lien, which is deducted from it. When the action involves =uestioning the legality of a law, treaty, or e(ecutive agreement, then you have to involve the solicitor general. &otice to the solicitor general is re=uired. his is also true in the case of annulment of marriage. he solicitor general is the lawyer of the government. R8LE ? 78RISDICTION, refers to authority of court to hear and decide a case and that authority is conferred by law VEN8E, refers to the place of trial? where you file the case '(ampleE ejectment cases shall be filed in the * C. he * C has jurisdiction to entertain case. But there are many * C all over the %hilippines. Which of these * C do we file? his is a matter of venue. #t shall be filed in the * C

where the property subject matter of the case is located. #f it is located in Cebu City, file it with the * C of Cebu City. #f you file it in * C of *andaue, it will be dismissed on the ground of improper venue. How do we determine the venue of an action? Henue can be determined depending on the nature of the action, whether it is a real action or a personal action. #f it is a real action, the venue shall be in the proper court of the place where the property is located. F%roper courtG is emphasiLed because in real actions, the * C now has jurisdiction to try a case if the value of the property is %4.,... or less. #f more than %4.,... then file it with R C. his is the reason why in real action, file it with the proper court of the place where property is located, I'&'R"! R0!'E #f it is a personal action, the venue shall be in the place or residence of the plaintiff or place of the defendant at the option of the plaintiff. #f there are several plaintiffs, file it at the residence of any one of the plaintiffs. #f there are several defendants, file it at the residence of any one of the defendants at the option of the plaintiff. Residence means actual residence, and not constructive residence. he residence of a juridical person or corporation is the principal office of the corporation. What is the venue of an action against a non8resident defendant? #f any of the defendant does not reside and is not found in the %hilippines and the action affects the personal status of the plaintiff or it involves a property located in the %hils of which the defendant has an interest, that action may be filed at the place of the plaintiff or at the place where property is located. #f defendant is temporarily staying in the %hils, the action shall be filed in the place where the defendant is found. Can you sue, as a defendant, a person who is not residing in the %hilippines? " non8resident but temporarily staying in the %hilippines can be sued in the place where he is found. #f defendant is non8resident and not found in the %hilippines, you can sue him only in 4 instancesE 1. #nvolves personal status of plaintiff '(. wife files case for annulment of marriage? husband is residing in 0, and not found in %hilippines. Wife can go on with annulment case in the %hilippines because it involves personal status of plaintiff 4. #nvolves property located in %hilippines of which the defendant has an interest '(. defendant is permanent resident of 0, but owns land in the %hilippines which you claim to be owned by your father. Your case will prosper because the defendant has interest in the property subject matter of the case. 'AC'% #+&,E #nstances where rules of venue do not applyE 1. Cases where specific rule or law provides otherwise '(. !ibel case could be brought in the place where libellous statement was made or place of the offended party '(. Henue may be changed by order of ,C in order to avoid a miscarriage of justice. his is found in the Constitution. 4. %arties have previously agreed on a specific venue prior to the filing of a case ,C held that the agreement of the parties as to venue will only be binding if it isE a; in writing? b; done prior to the filing of the action? and c; the agreement as to the venue contains an e(clusive or =ualified words that it is only in that place and not in any other place. 7%olytrade vs Blanco; "n agreement as to venue if there is no =ualifying word of e(clusivity will only be considered as an agreement for an additional venue but it is not e(clusive. #f you ma$e contract saying any action arising out of this contract shall be filed in the proper court of the city of Cebu, this is not binding. Cebu is only an additional venue. #f you place there any action arising out of this contract shall be filed only in Cebu and not in any other place then this is e(clusive. he agreement as to venue may be disregarded if the agreement as to the venue is part of a contract of adhesion. his is a case where a lawyer from Cagayan came to Cebu because he has a hearing in agbilaran. He and his client bought a tic$et from ,weet !ines ,hipping from Cagayan to Cebu with a connecting trip from Cebu to

agbilaran. When he arrived in Cebu, he was not allowed to board the ship going to agbilaran because the ship was full despite the fact that he has a tic$et. hey accommodated the lawyer and client in the bodega of the ship. !awyer filed case for damages against ,weet !ines. ,weet !ines contended that tic$et that they bought contained terms and conditions of carriage at the bac$. his is the contract between the passenger and the shipping company. #t states that any action arising out of this contract shall be filed in the court of Cebu City and not Cagayan City. ,C called this contract a contract of adhesion. ic$et served as contract between passenger and shipping company but this contract is prepared by only one party which is the shipping company. he terms and conditions were all dictated by shipping company and the passenger is forced to accept it. Disregard the stipulation about venue because the contract is contract of adhesion. 7,weet !ines vs eves; he ,C clarified that not all terms and conditions placed at bac$ of tic$et is considered contract of adhesion. #n a case of a mayor who sent telegram to his congressman in *anila from #locos through RC%# and said that he is going to *anila. When telegram was delivered to congressman, it was collect and congressman was made to pay. When mayor came to *anila, congressman got mad at him. *ayor filed case against RC%# because he paid. RC%# said that any cause arising out of contract said that file case in NueLon City. ,C said this is not contract of adhesion because it was not in fine print so he can read it. #n the case of %hiltel, there was a lawyer who ordered cell phones from %hiltel. !ater on, there was disagreement so lawyer filed case against %hiltel for breach of contract with damages and filed the case in his place. %hiltel said that in the contract states that all actions arising out of this contract is filed in *a$ati City where %hiltel is holding office. ,C upheld %hiltel because it is a clear stipulation in contract so it should be followed. here is also statement of e(clusivity in this contract. R8LE @ ,imply states that whatever procedures are observed in R C shall also be observed in the * C. here is uniform procedure in all trial courts, e(cept when a particular law provides otherwise. '(ample is rules on summary procedure which applies only to municipal courts and not in regional trial courts. When we tal$ of municipal courts, we are referring to metropolitan trial courts, municipal trial courts in cities, municipal circuit trial courts. R8LE A PLEADIN9, written statement of the parties) respective claims and defences submitted to the court for its judgment or consideration. #n the case of plaintiff, the pleading that he will file initially is a complaint. #n the case of defendant, he will file the answer to that complaint. What are the pleadings that you can file? Complaint, answer, counter8claim, cross8claim, third8party complaint or fourth8party or fifth8party complaint, reply COMPLAINT, pleading that is filed by the plaintiff containing his cause or causes of action against the defendant? initiatory pleading which means that it is a pleading that sets in motion the controversy that is to resolved by the court 'very pleading must contain a cause of action. he four elements of a cause of action must be found in the complaint. 1. Right of plaintiff 4. +bligation of defendant 5. "cts or omission violating right of plaintiff 6. Damages When do you answer the complaint? " complaint must be answered, generally, within 19 days from the receipt of the summons and the copy of the complaint. ANSWER, pleading where the defendant sets forth his answer to the complaint or he sets forth his defenses to the

complaint 4 $inds of defensesE 1. &egative DefenseE consists of specific denial of allegations in complaint which can be done either by saying that allegation in paragraph so8and8so is specifically denied and the truth of the matter is this. When you deny, you do it by paragraph in accordance with the complaint? !ac$ of $nowledge sufficient to form a belief as to the truth or falsity of the allegations in the complaint is considered also as specific denial 4. "ffirmative DefenseE admission of material averments in complaint but prevents the claimant from recovering from defendant because of the defense set8up? Defendant hypothetically admits the material averments in the complaint but denies liability because he sets forth a defense that will bar the plaintiff from recovering from him? i.e. plaintiff files a collection case, defendant)s answer states that it is true that # did not pay but you cannot claim from me because it has prescribed. ,o defense is prescription. his is an affirmative defense. "nother defense is statute of fraud. You say that it may be true that we have a contract but our contract is verbal where the contract is supposed to have been in writing. he defense raised is statute of fraud. his is an affirmative defense. #llegality of contract can also be an affirmative defense. CO8NTER2CLAIM, claim of a party against the principal claimant? claim of defendant against plaintiff? i.e. you filed a case against me. # filed an answer. #n my answer, # can include counter8claim against you. ; &"nds of counter2cla"#, 1. Co#$ulsor/ Counter2cla"#, arises out of the same transaction which is the subject matter of the complaint? '(ample is when you filed a case against me for breach of contract with damages. You attached a contract which # signed which according to you # violated. *y answer states that # have not violated the contract, but you are the one who violated the contract so #)m also as$ing damages against you. his is now an answer with counter8claim. ,ince my counter8claim arises out of the same contract, my counter8claim is a compulsory counter8claim. Ele#ents, a. *ust be cogniLable by a regular court < i.e. #f you file a case against me in the R C for simple collection case, then # filed a counterclaim that 5 years ago # was once your employee then you terminated me illegally so # filed a case against you in &!RC and &!RC ordered you to pay me %19.,... for unpaid wages and my claim and until now you have not paid that money. # will set8up this counter8claim against you. You cannot do so because the counter8claim is cogniLable by the labor court and not by the regular court. b. "rising out of the same transaction which is the subject matter of the complaint < if it is not related, then counter8claim is permissive c. Does not re=uire the presence of a third8party which the court cannot ac=uire jurisdiction d. Within the jurisdiction of the court both as to the amount and the nature of the law e(cept that in original action in R C, the counter8claim may be considered compulsory regardless of the amount < if # file a counterclaim against you, it must be within the jurisdiction of the court of my original complaint, i.e. you filed a case against me in the * C. # filed a counterclaim claiming that you have not performed your obligation amounting to %9..,.... his counterclaim is already outside jurisdiction of * C so * C cannot entertain this counterclaim. '(ception is if you file a complaint with R C, even if counterclaim is not cogniLable by the R C, it may still entertain the counterclaim. e. Defending party has counterclaim at the time he files the action 2. Per#"ss"(e Counter2cla"#, not related to the transaction which is the subject matter of the complaint? Rules allow the defendant to set8up any claim he has against the plaintiff whether that claim is connected with the complaint or not connected with complaint? #f connected with complaint it is compulsory, if not connected it is permissive? '(ample is when you filed a case against me for collection of sum of money. #n my answer, # state that # indeed borrowed money from you but you also borrowed from me 9 years ago and you have not paid that yet so # am now setting that up as a counter8claim to off8set your claim against me. #t is a different transaction from transaction which is subject matter of complaint. "ll claims that # have, # can set that up as a counter8claim against you.

#f it is a compulsory counter8claim, you have to set that up in your answer, otherwise it is deemed barred. #f it is a permissive counter8claim, you may not set that up in your answer, it is not deemed barred because you can always treat it as separate action. CROSS2CLAIM, claim of a defendant against a co8defendant in relation to a claim of the plaintiff against them? presupposes that there are two or more defendants and one defendant has a claim against a co8defendant? '(ample is when you file a case against me and two others, # say that # am not liable but it is my co8defendant. ,o, if court finds me liable, # will pass on to him my liability. hat is a cross8claim. Cross8claim is only between defendants. #f there are several plaintiffs and in the counter8claim, you can cross8claim against your co8plaintiff because a counter8claim by the defendant is in the nature of an independent civil action. " cross8claim is ancillary to the main action. When the main action is dismissed, the cross8claim is also dismissed. T1IRD2PARTB. FO8RT12PARTB COMPLAINT, filed by defendant against another person who is not a party to the case? '(ample is when you filed a case against me and # said no, the one who is liable is %edro so # will bring %edro to the case. he purpose of third8party complaint is for the defendant to recover from third8party whatever damages he may be adjudged to pay. #t is for reimbursement. !eave of court is re=uired. You must file a motion for leave of court to file a third8party complaint because you are bringing in an outsider to the case. his is not re=uired in cross8claim or counter8claim because the parties are the same. ,ituationE plaintiff vs defendant. Defendant brings in a third party A, saying that he will demand reimbursement from A. #f A says that the one who is responsible is Y, so he files a fourth8party complaint against Y. #f Y says that it is O who is liable, this is a fifth8party complaint. R8LE C PARTS OF A PLEADIN9, 1. Ca$t"on, where you find the name of the court, parties, doc$et number, title of the case 2. 0od/, if it is a complaint, then complaint shall be presented paragraph by paragraph. I'&'R"! R0!'E pleadings filed in court must be presented in paragraphs. You can ma$e a sub8heading, i.e. if it is a complaint that contains several causes of action, it is advisable that you put a sub8heading li$e Ffirst cause of actionE par 1, 4, 5, 6? second cause of actionE par 9, :, 3? third cause of actionE par, 2, -, 1., 11G. he defendant)s answer will also have sub8heading corresponding to the complaint. "t the bottom portion is the relief prayed for, then date and place where pleading was made. Below it is the name of the lawyer who prepared the pleading. #f party is represented by a lawyer, the lawyer must sign the pleading otherwise it is just a mere scrap of paper. But if court finds that failure of lawyer to sign is due to inadvertence or oversight, then court may be lenient and just as$ the lawyer to sign. he signature of lawyer in pleading is an implied certification that the lawyer has prepared and read the pleading and that, to the best of all his $nowledge and belief, all allegations therein are true and correct and that complaint contains a valid cause of action. his is what is called implied certification. Below the name of the lawyer is his address. %.+. Bo( is not accepted. 0nder ,C circulars, there are additional re=uirements such as attorney roll number, #B% number, or % R number. Kailure to do so results in your pleading being mere scrap of papers. 3. Ver"f"cat"on, presented in an affidavit form where the pleader 7client; signs? " sworn statement of the party to the case stating that he is the one responsible for the preparation of that pleading and that all the allegations therein are true and correct? ,worn to and notariLed? #f pleading is verified and you are found to be telling untruthful statements, then you are found to have committed perjury? *ust every pleading be verified? &o. verification of a pleading shall only be done if re=uired by law 4. Cert"f"cate of Non2Foru# Sho$$"n), certification by the pleader that there is no other case pending in

another court similar to this case that he filed? this is to prevent litis pendencia? re=uired only in initiatory pleadings such as complaint, counter8claim, cross8claim R8LE D 'very pleading must contain in a methodical or logical form a plain, direct, and concise statement of the ultimate facts which forms as the basis of your pleading and omitting evidentiary matters. 8lt"#ate Fact, establishes your cause or causes of action? the basis of your cause of action E("dent"ar/ Fact, not stated in pleading because this is matter you will have to prove during the trial of the case '(ampleE you claim that you are the owner of the land and you have been in possession of land for 5. years, in the concept of owner. his is allegation of ultimate fact. How you started occupying land, what you introduced in the land as a possessor are matters you reserve for trial because these are evidentiary facts which prove the ultimate facts. +nly ultimate facts are to be stated in the pleading. How do you ma$e specific allegations in the pleading? #f you are alleging a condition precedent before filing of case, you can allege that by general averments. "llegations as to capacity to sue or be sued must be done with particularity. "llegations as to fraud or mista$e must also be stated with particularity. "llegations as to malice, intent, or lac$ of $nowledge or other condition of the mind can be done with general averments. "llegations of judgment, it is enough that you attach a copy of judgment in your document or you cited the judgment in your pleading. #n pleading an official document or an act, it is sufficient to aver that document was issued or act was done in compliance with the law. How do you aver an actionable document? Act"ona*le Docu#ent, serves as the basis of the pleader)s allegation? if the pleader is plaintiff, it serves as basis of cause of action? if the pleader is defendant, it serves as basis for his defense ; %a/s to a(er act"ona*le docu#ent, 1. Nuoting substantial portion of that document in your pleading, then attach copy of the document 4. Nuoting the entire document verbatim in your pleading '(ample is when you filed a case for recovery of parcel of land. *y defense is that # already bought this land from the original owner and that # have a deed of sale. # attached a deed of sale to my answer. he deed of sale is an actionable document because it forms the basis of my defense. When there is an actionable document attached to a pleading, how are you going to answer that pleading? he rules of court re=uire that you have to deny the actionable document in that pleading under oath. #t is not enough that you will say that the pleading is fa$e or falsified. You have to deny specifically that pleading and your answer must be verified 7under oath;. &ot every answer re=uires verification but when the complaint has an actionable document attached to it, it is necessary that the answer of the defendant is verified. his is called an answer under oath. What happens if you did not deny the allegation 7complaint with actionable document; under oath? he answer is a mere scrap of paper. he re=uirement under the law is that an actionable document must be denied under oath.

IRE #f you have not denied the document under oath, you have deemed to have admitted the genuineness and due e(ecution of the document. his means that the document that was attached to the complaint is genuine such that you cannot =uestion this document later on in the trial. 'AC'% #+&E 1. You are not a party to that document 4. You re=uest for e(amination and production of that document and it was denied despite the order of the court Remember that reply is optional, but if the action filed contains an actionable document then you must reply under oath otherwise you have deemed to have admitted the genuineness of the document. he allegation of usury is deemed admitted if not denied under oath only if the allegation of usury is contained in the complaint, not in the answer. However if the allegation of usury was raised only in the answer, you do not have to deny it if you are the plaintiff. 7!iang Yao vs +lympic ,awmill; How do you ma$e a specific denial? 1. ,pecific denial then tell what is the truth 4. !ac$ of $nowledge sufficient to form a belief as to the truth of the allegations stated Denial must be specific to be accepted by the court as a defense. #f the denial is considered a negative pregnant, then it is considered not a denial but an admission. Ne)at"(e Pre)nant, a $ind of denial where you deny the allegations verbatim in effect you are admitting the allegation? i.e. plaintiff state that defendant encroached the land of plaintiff on aug 1, 4.1. by entering the eastern portion, removing the fence, cut trees. he denial states that it is not true that # entered the eastern portion, removed the fence, cut trees. his is very specific denial such that there is possibility that you entered from southern portion. his is called negative pregnant. D"scuss"on $art : R8LE E Rule - is about the effect of your failure to plead Rule 1. is about amendment and supplemental pleading What is the effect of your failure to plead an available defense or objection of a pleading filed against you? I.R. these defenses are deemed waived. '(ceptionsE 1. prescription 4. res judicata 5. lac$ of jurisdiction over the subject matter 6. litis pendencia these grounds, if present, can cause the dismissal of the complaint. his can even by done by the court moto proprio, even if not raised by a party or the answering defendant. With regard to the other grounds, if you did not raise them in a motion to dismiss, or not raise them in your answer, it is deemed waived. You can raise these grounds by way of a motion to dismiss or by way of an answer and include these in the special affirmative defense. When you file an answer you have to incorporate these grounds for a motion to dismiss in your answer. hen later, you can as$ the court to conduct a preliminary hearing on your affirmative defense and that has already the effect of a motion to dismiss. You actually have the option. ,o if you have grounds for a motion to dismiss, you may immediately file a motion to dismiss within the period to answer which is the reglementary period of 19 days Counter claims and cross clais are deemed waived if not set up in your answer. But what is actually referred to here is

+&!Y H' C+*%0!,+RY C+0& 'RC!"#*. Because permissive counterclaim can be filed by you as an independent or separate action. You need not include this, thus called permissive. %ermissive counterclaim < may or may not include in the answer Compulsory counterclaim < must include in the answer his arises out of the same transaction or occurrence which is the subject matter of the complaint. Declaration of default " person can be considered in default if he fails to file his responsive pleading to a pleading filed against him. When are you going to file your answer? Ienerally within 19 days from date of receipt of summons and the complaint 7summons and the complaint go together. he summons is li$e the Fcover letterG; 5. days if the summons were served through a government agency? intended for a foreign corporation doing business in the %hilippines but is a non resident in the %hilippines? wCo an authoriLed agent to representative them in the %hilippines :. days if summons by publication What happens if you failed to answer the complaint within the reglementary period? You can be declared in default. he court cannot moto proprio declare the defendant in default. here must be a motion filed by the plaintiff as$ing tto declare the defendant in default. #t must be by a motion. when there is a motion to declare the defendant in default, the plaintiff must send a copy of the motion to the defendant. "nd in fact, the defendant will also be notified by the C+0R of all subse=uent pleadings under the court renders a judgment by default. "lthough the defendant in default will be notified of all the proceedings and the hearing of default, he is not allowed to participate. He will be li$e an observer. You are li$e a punching bag. he court will receive the evidence of the plaintiff e(8parte. When the defendant is declared in default, the court may right away decide on the case on the basis of the pleading filed by the plaintiff. +r it is up to the court 7his option; to decide the case without any hearing or as$ the plaintiff to submit evidence e(8parte. &ormally the court will re=uire the plaintiff to submit evidence e(8parte before he will decide the case only if the case is a little bit complicated. 7li$e breach of contract or recovery of ownership; #f it is a simple case, normally the court will not conduct a hearing. 7li$e a simple collection case; '(8parte < walay contra What is the remedy of the defendant who is declared in default? He may file a motion to set aside or lift the order of default. He can do this once he receives the order of default. +nce he is informed and learn of the default but it should be B'K+R' the court has rendered a judgment by default. +rder of default < order issued by the court declaring the defendant in default for failure to answer @udgment by default < decision of the court which is the result of the declaration of the default Irounds to life the order of default < K"*' 7fraud, accident, misstate, e(cusable negligence; he defendant will convince the court that the reason why he wasn)t not able to answer the complain was because of K"*'

Kraud here refers to 'A R#&,#C KR"0D. Kor purposes of lifting the order of default, it must be K"*' P "KK#D"H# +K *'R# "ffidavit of merit8 this will convince the court that you have a meritorious defense? you are trying to convince the court that you have a valid reason why you were not able to answer #f you don)t have a good defense or a valid defense, the court will not even bother to lift the order of default. Can the court declare partial default? Yes. #f there are several defendants and some answered and some not. hose who answered are given a hearing. hose who didn)t answer, if they are bound by a common =uestion of law or fact, they can be benefitted by the decision of the court. When declared in default, the court can +&!Y award those that are claimed in the complaint. He cant award more that what is as$ed for in the complaint. he court cannot award unli=uidated damages 7damages which are still to be proven and court and cannot be determined yet by the court? amount not $nown; li$e moral damages for sleepless nights, besmirched reputation, etc> #n the new rules, the court cannot award unli=uidated damages against the defendant in default. hat is why some authors say this is unfair. #f motion to life the order of default is denied by the court, your remedy is to wait until the court will render a decision 7judgment by default;. hen you appeal this judgment. Because this is already a final judgment. You cannot appeal from an order of judgment because this is an interlocutory order. his is not appealable. #f your reason is that you were not served with summons and the court therefore has no jurisdiction over your person, then the declaration for default is really wrong. When the court denied your motion to set aside the order of default, you need &+ wait for the court to render judgment by default, you can file a motion for prohibition to prevent the court from proceeding with the trial of the case or a petition for certiorari. You can file either. Why wait for the judgment by default when the proceeding is useless because it has no jurisdiction over your person.

D"scuss"on $art ; R8LE E he party is in default if the doesn)t file his answer within the reglementary period of 19 days. he court cannot moto proprio declare you in default. here has to be a motion filed by the other party to declare that you are in default. he plaintiff is the one to file the motion to declare the plaintiff in default. he defendant in default is still entitled to notice of the subse=uent proceedings although he cannot participate in the proceedings. #f the person is in default, he can file a motion to set aside the order of default. " motion to life the order of default. +n grounds of K"*'. Kraud, accident, mista$e or e(cusable neglect or negligence. " motion to lift or set aside the order of default should be accompanied by an affidavit of merit. You have to convince the court that you have a very good defense. #f only you are allowed to answer, you have to have a very good defense. he court will not allow the setting aside of the order of default if you cannot show that you have a good defense. #f your motion to lift the order of default is denied, your remedy is to wait for the court to render a judgment by default. his is already a final judgment and you can appeal. He cannot appeal the order of default because this is an interlocutory order.

You don)t have to wait for the court to render a judgment by default if your reason for the motion to lift the order of default is that you didn)t receive the summons. "nd it will be wrong for the court to declare you in default. #f the court disregarded your reason, you don)t have to wait for the judgment by default. You can immediately =uestion the order of the court denying your motion to lift the order of default by way of certiorari under rule :9. Because here the court does not have jurisdiction to go on with the trial of the case. he court doesn)t have jurisdiction over your person. #f there is no order by the court declaring the defendant in default, the defendant can still file his answer. What the lawyer of the defendant will do is just file a motion to admit a late answer. he court is bound to accept it even if it is late. #f the court will not accept it, the court can be compelled to accept it by mandamus. Because it is still a matter of right. R8LE :> AMENDED and S8PPLEMENTAL PLEADIN9 "n amended pleading is done by adding or stri$ing out an allegation in the name of any party in the pleading. +r correcting a mista$e in the name of a party, or a mista$e or inade=uacy in the allegation or description in any other respect in the pleading. his can also be done by changing the pleading. You can add, subtract or modify your e(isting pleading. You highlight the portions which you are amending. By the use of underline, parenthesis, etc.. to show which portion of the pleading you have amended. "mendment refers to changes that you want to introduce to your pleading on matter that were already e(isting at the time you filed your pleading but you forgot and failed to include there by inadvertence or oversight. he %olicy is to liberally allow amendment. 4 $ind of amendmentsE 1. as a matter of right Complaint < when there is yet no responsive pleading filed by the defendant li$e when the defendant did not file an answer yet. Here, you don)t need to secure the permission of the court because this is a matter of right 4. as a matter of judicial discretion here has to be leave of court when a responsive has already been filed. #t can also be classified as a 1. substantial amendment 4. formal amendment the defendant can amend his answer as a matter of right when there is not reply yet. he reply is the responsive pleading to the answer. #f there is no reply yet, then the defendant can amend his answer as a matter of right. 'ven if there already an answer filed by the defendant, the plaintiff can still amend his pleading as a matter of right if the amendment is only a formal amendment. !i$e correcting typographical and clerical errors. You cannot file a substantial amendment after the defendant has already filed his answer. #f you want to ma$e substantial amendment after the answer, you have to as$ permission of the court. When can the court deny the motion to amend a complaint? When it is intended to delay the proceeding or for the purpose of ma$ing the complaint confer jurisdiction on the court. When the complaint was filed, it is very clear that the court has no jurisdiction. "lso when the amendment is for the purpose of curing a premature or non 8e(istent cause of action. his should not be allowed. What are the e(ceptions to the rule that defenses not being raised are deemed waived?

0nder the omnibus motion rule, all objections and defenses available to you must be raised in your answer or by a way of a motion to dismiss otherwise those not raised are deemed waived, e(cept forE 1. prescription 4. res judicata 5. litis pendencia 6. lac$ of jurisdiction over the subject matter the court will only entertain those issues that are presented during the pre8trail as issues to be resolved by the court. hose not brought to the attention of the court cannot be entertained by the court and therefore you are deemed to have waived these issues. However if during the trial you have presented these issues in court and the other party did not object, then that other party is deemed to have also waived his right to object and therefore these issues can be admitted by the court. "nd if this happens, then the court may allow this party to amend his pleading in order to incorporate these issues which were discussed during the trial in order to for these issues to be resolved by the court. his is what we call an amendment to conform to evidence. he court may allow the amendment of the complaint or the answer of the defendant in order to conform to the evidence that has already been presented. ,upplemental pleading Refers to changes in the pleading but the matters to be incorporated therein are matters that transpired "K 'R the pleading was filed. hese matters were not yet there when the pleading was filed. You have to as$ the permission of the court to be allowed to present a supplemental pleading. "mendment vs supplemental "8 incorporates matters that were already e(isting at the time the amendment was filed but these matters were forgotten? inadvertence or oversight ,8 matters occur after the pleading is filed "8 supersedes the original pleading ,8 merely adds but does not remove the original complaint? original complaint remains "8 can do it with or without leave of court , < cannot ma$e without leave of court? always with leave of court R8LE :: RESPONSIVE PLEADIN9 Responsive pleadings 1. answer to the complaint 4. answer to the counter claim 5. answer to the cross claim 6. answer to the third party complaint 9. reply to the answer responsive pleading to the original complaint < file within 19 days from receipt of summons rule in computationE e(clude the first day and include the last day include the date of performance but e(clude the date of the occurrence of the event. #f the last day of the period falls on a ,aturday, ,unday, or a legal holiday, the time shall not run until the ne(t wor$ing day. When a period is provided for by law or by the rules, within which you are re=uired to file the pleading, if the day falls on a ,aturday, ,unday or a legal holiday, you can file it on the ne(t wor$ing day. his applies if the period is fi(ed

by law. #f the period is fi(ed by the contract, you have to follow the period stated even if falls on a ,aturday, ,unday or a holiday. his is a product of agreement. Ieneral period to file answer is 19 days. e(cept in the case where the defendant is a foreign corporation doing business in the %hilippines, in which case he is given 5. days. Koreign corporation &+ doing business in the %hilippines cannot be sued. +ur court cannot ac=uire jurisdiction over that corporation. #f the foreign corporation does not have a representative or an agent, the suit against the corporation shall be served upon the government officer authoriLed by law to receive the summons in their behalf. here are officers who are deputiLed by law to receive the summons in their behalf. #f the foreign corporation is engaged in the business of 7and to whom the summons will be served to; Ban$ing < ,uperintendent or head of Central Ban$ #nsurance Company < #nsurance commissioner *ining < Head of the Bureau of mines +ther businesses < ,ecretary of D # hese government official can receive summons for and behalf of these foreign corporations who does not have a representative in the %hilippines but they are doing business here occasionally in the %hilippines. When these summons are received by these government officials, they are re=uired by law that these summons are served on the foreign corporation. When received by the foreign corporation, they are given 5. days to answer the summons. When the period to answer is :. days when the summons is served by the defendant by publication. his is called e(traterritorial service of summons. :. days from the last publication in the newspaper. When the complaint is amended as a matter of right, you period to file the answer is within 19 days from the time you received a copy of the amended complaint. #f the complaint was amended as a matter of judicial discretion, you only have 1. days to answer. o amend with leave of court, 7where defendant already answered;, you file a motion for leave of court to amend the complaint and attach there a copy of the amended complaint. "nd give the motion and amended copy to the defendant. he court may re=uire a hearing or may deny or grant it. ,o during that period the defendant already has a copy and he should not answer the amended until after the order of the court. #n case of counterclaims and cross8claims, the period to answer is only within 1. days because the parties being sued there are already original parties to the case. #n third party complaints, the period to answer is within 19 days because the third party defendant is an outsider. Reply is optional. #t must be filed within 1. days. "nswer to supplemental complaint < 1. days because this re=uires leave of court *otion for e(tension of time to file the answer must be filed within the period fi(ed by law to file the answer. R8LE :; 0ILL OF PARTIC8LARS

" bill of particular is a remedy available to the answering party to demand the other party a clarification on some of the allegations in the pleading which are not clearly alleged or considered to be ambiguous. #f there is ambiguity in the pleading, before one could answer that pleading, he may demand for a more definite statement and a clarification of what is meant by the pleading before he would answer. ,o that he could answer intelligently. Because it could be a pran$ on the other side. Bill of %articulars 8 his is a pleading that you file if you want to as$ for a more definite statement of any matter which is not averred with sufficient definiteness or particularity in the pleading filed by the plaintiff. his should be availed of B'K+R' answering. You cannot avail this after answering. his can be availed of by the defendant if he wants the plaintiff to clarify certain allegations in the complaint. #t cannot be used to fish for evidences from the plaintiff. He cannot use it for fishing e(peditions. He cannot use it to demand from the plaintiff to divulge evidentiary matters. he complaint should only state the ultimate facts and not evidentiary facts. 'videntiary facts will be presented by the plaintiff during trial. ,o you cannot as$ by way of bill of particular for the plaintiff to divulge evidentiary facts. When you file a motion for bill of particulars, upon the receipt of the court of the motion for bill of particulars, the cler$ of court will immediately inform the judge and the judge must immediately decide on the bill of particulars. He may either grant or deny the motion for bill of particular or allow the parties to be heard. ,et the case for hearing and let the movant8 defendant present evidence to the court to convince the court to grant motion for bill of particular. here are 5 possibilities. Deny. Irany. +r set the motion for hearing. he court may outrightly deny the motion for B+% if the court finds that the purpose for the filing of B+% is intended for delay of the proceeding. !i$e there is nothing in the complaint that needs to be clarified. here is nothing in the complaint that needs to be presented. #f the court grants the motion for B+%, the plaintiff who filed the complaint will be re=uired by the court to particulariLe those averments in the complaint that needs to be clarified. Here the plaintiff will have to do the clarification or comply with the B+% within a period of 1. days. How will the plaintiff do it? here are two ways of complying 1. amending the complaint 4. presenting a separate pleading clarifying those matters in the complain that are not clarified. 'ither in a separate of an amended pleading. What is the effect of the filing of the B+%? Remember the B+% is filed within the period in which you file your answer. he 19 day period from receipt of the summons. ,o within the period to answer you will file the B+%. When the B+% is filed it ,0,%'&D, the running of the period to answer. #t interrupts the running of the 19 day period in which you file your answer. What happens if the B+% is denied? Iranted? 'ither denied or granted, the 19 day period will start to run again. he remaining period will start to run again. #f the motion for B+% is denied, upon the receipt of the order of the court denying your motion, the remaining period will start to run again, #f granted, and the plaintiff now complied with the order of the court to particulariLe the allegation, the moment the defendant receives the particulars or the amended complaint, then he has the remaining period to file his answer. But in no case shall the remaining period be less than 9 days. this means that for e(ample, you have 19 days to file your answer, you filed the B+% on the 2th day, if it is denied you have the remaining 3 days. if you filed the B+% on the 15th day, and denied, you have 9 days in which to file your answer.

How do u compute the remaining period? '(ample. You receive the summons on nov. 19. you have 19 days to file your answer from receipt of the summons. he moment you receive the summons, you e(clude that day. You e(clude nov 19. You start counting on nov 1:. < so the last day to file your answer is nov 5.. ,uppose you file a motion for B+% on nov 46. eventually it was denied by the court. How many days is left of you to file your answer? 3 days. when there is an event that interrupts the running of the 19 day period, you e(clude that day when that event occur. ,o you start counting on nov 1:. from nov 1: to nov 45, you have used up 2 days. if the order of the court denying you motion for B+% is received by you on dec 1., when is the deadline for you to file your answer? When you receive the order of the court denying your motion, that date should also be e(cluded. ,o your deadline is dec 13. which is dec 118 dec 13. #f you file your motion for B+% on the 15 th day of the 19 day period, so you have two days left, when denied, you will always be given a minimum of 9 days to file your answer. his will also apply to denial of your motion to dismiss. he filing of your motion to dismiss will have the same effect of your filing for a motion for B+%. "ll objections and oppositions that you have against the pleading filed, you have to file it immediately and in one pleading. hose that you didn)t include, that is deemed waived. ,o when you file the B+%, you can only avail of it once. "lso by filing the B+%, it is tantamount that you are already submitting yourself to the jurisdiction oft the court. #f you file a motion for B+%, you have already waived your right to =uestion the jurisdiction of the court over your person. But if the other party gives the particulars in the answer to your motion for B+% and is still vague, you can still file another motion for B+% to the particulars. You can tell the court that the clarifications are still vague and ma$e the matters more complicated. R8LE :When you file a pleading, you must have to give a copy of that pleading to the other party. Kiling refers to the act of delivering the pleading in court. his is the act of handing your pleading to the cler$ of court. ,ervice means the act of providingC furnishing a copy of your pleading to the other party or to the adverse party. here is only one pleading where you are not re=uired to give a copy to the other party and that is the original complaint. Because the rule is that when you file the original complaint, it is the court who will furnish a copy of your complaint to the defendant. it shall accompany the summons. +nce the complaint is filed and the corresponding doc$et fee is paid, it is the duty of the cler$ of court to immediately send a copy of the complaint to the defendant together with the summons. But all other pleading subse=uent to the filing of the original complaint, you must have to furnish a copy of this pleading to the other party. he court will not accept your pleading if you have no proof that you furnished a copy of this to the other party. FmayG means the court has discretion. ,o after answering the motion for B+%, and your pleading is still vague, the court may stri$e it out or dismiss your case. How do file or serve your pleading? his can be done personally or by mailing or by substituted service. By personal service it means the delivery of the pleading to other party or his counsel. *ailing could either be through registered mail or ordinary mail.

Ienerally, we do it personally. But if the defendant resides far away, it should be done by mail. ,erving the pleading personally means that a copy of the pleading is furnished upon the defendant personally or through his counsel. he general rule is that if a party is represented by a lawyer, service of a copy of the pleading should be done to the lawyer unless the court re=uires that service should also be done on the party. #f the court did not specify, it is enough that you file a copy of your pleading to the lawyer of the defendant. #f the lawyer of the defendant cannot be found and you don)t $now his address then service of the pleading may be given to the secretary of the lawyer or any person of competent age and discretion and in charge of the office can receive the pleading for and behalf of the lawyer. #t can also be served at the residence of the lawyer. #t must e received my a person residing therein of suitable age and discretion. his $ind of service is still personal service even if the pleading is not given to the lawyer himself. When done by mail, generally, pleadings should be done by registered mail. his is the official mode. But in places where there are no facilities of registered mail, you can do it by ordinary mail. his is an e(ception to the general rule. +ther than that, you have to do it by registered mail. Registered mail is done +&!Y in pleadings. You put your letter in an envelope and attach to the envelope a register return card. You go to the post office and tell the cashier Fregistered mail.G "nd the register return card contains the address of the sender and the address of the addressee. When you say registry, this is by registered mail. he cashier in the post office will issue to you a registry receipt. hen you deliver the mail to the postman. he mail arrives at the place of the addressee, the addressee will be as$ed to sign in the attached registry return card. #f not the addressee, it will be someone in the residence or office who will receive and sign. hen the postman will detach it from the letter and send it bac$ to you. his is how you prove to the court that you have sent this pleading. +ne is the registry receipt. When you mail the pleading, you have the registry receipt. You attach the registry receipt to the original copy of you pleading submitted to the court. Because when the court receives it, the first thing that cler$ of court will do is loo$ at the bac$ portion of your pleading whether there is proof that you have served a copy of your pleading to the other party. #f not, the cler$ of court will not receive the pleading. #t will only be a mere scrap of paper. Kor the meantime, the registry receipt will be the proof that you have sent a copy of your pleading to the other party through registered mail. hen later on, you will receive from the post office the registry return card. Which now bears the signature of the addressee or his secretary or anyone who received it for him. You $eep that registry return card because later on if the other party will say that it has not received the mail or pleading, you show the return card that it was already received by him or someone from his office. #f you do it by ordinary mail, the court will still receive it. But there is a big difference. #f done by registered mail, the delivery of the pleading in the post office is considered to be the date of filing of the pleading. #f done by ordinary mail, the date of filing will be the date it was actually received by the addressee. if ordinary mail, the proof will be the affidavit of the mailer. #n the case of service of pleading, which is the furnishing a copy of your pleading to the other party, it could be done either by personal service or by mailing or by substituted service. he substituted service refers to the delivery of the pleading to the cler$ of court because the other party could no longer be located. he pleading cannot be served on the other party personally or by registered mail. ,ubstituted service of summons < not delivery to the defendant but to any person residing at his residence who is of suitable age and discretion or a competent person who is in charge of his office.

,ubstituted service of pleading < when delivery of the pleading to the clerk of court. 8 still personal service when you deliver the pleading to the spouse, $ids or maid of the defendant. he preferred mode of service of pleading is by personal service. he new rule provides that whenever practicable the service and filing of the pleading and other papers shall be done personally e(cept with papers emanating from the court. Why? Because other modes of service has been abused by lawyers. !i$e when it can be delivered across the street, some will still mail it to delay the process. ,o if you are in the same place, you have to serve your pleading to the other party personally. 7e(. !i$e when both are living in cebu city; #f you cannot do it by personal service, you have to put an e(planation why you can)t do it by personal service. !i$e because of the distance so you used registered mail. ,ome lawyers still do it by registered mail even when they are living in cebu city because the lawyer will say that he doesn)t have a messenger or lac$ of man power. he court will just consider this. With regards to the judgment of the court, it can served personally, by registered mail or by publication. 0sually the courts will do this personally because the courts have their own process server. #f the place is far, the court will use registered mail. When does the court resort to the publication of the service of the judgment? his is re=uired only when summons is served by publication so the judgmentC decision of the court will also be served by publication. his is the rule. Because the defendant can still read the judgment and he could still avail of the remedies. What are these remedies? He can file a motion for new trial. He can file a petition for relief of judgment if the judgment is already final and e(ecutory. his is the only instance when the judgment of the court be published. #n the case of personal service of pleadings, it can be proven by a written admission of the parties served that they received the pleadings or the affidavit of the party serving. #n practice, you let the other party)s lawyer)s secretary sign at the bac$ portion of the pleading as proof that they have received a copy of the pleading and an ac$nowledgment by the one who received the pleading on the affidavit of one serving the pleading. #f done by ordinary mail, proof thereof shall consist of the affidavit of the person who was mailing it and the fact of compliance of section 3 of this rule. #f by registered mail, shall be proved by the affidavit of one who mailed it also a copy of the registry receipt and the registry return card. &+ #C' +K !#, %'&D'&, - annotation at the bac$ of the title this will be resorted to onl/ if the case involves title to 7ownership; or possession of real property? if the dispute or controversy is the ownership of the land. "fter filing your complaint, you file a notice of lis pendens in the office of the register of deeds. #t will be annotated at the bac$ of the title of the property which is the subject of controversy. #t will serve as a notice to the whole world that this property covered by this title is subject of a pending case.

%urposeE any one who deals with the property could not claim to be a buyer in good faith. #f it is a simple collection case or simple case and you want to recover money or damages, you do not annotate it on the title. his is harassment. R8LE :? S8MMONS ,ummons is a written order from the court informing the defendant that there is a case filed against him and that he is re=uired to answer that complaint within 19 days from receipt thereof. With a warning that in case he will not file his answer within the reglementary period given, the court may render a judgment in default against him and grant the relief prayed for by the plaintiff. ,ummons is only a one page written order of the court. But attached to the summons is a copy of the complaint. hat is what you)re going to answer. he complaint. #f the court will appoint you a guardian ad litem, the court will also attach the order of the appointment of such guardian to the complaint. #,,0"&C' of summons Cler$ of court 8 issues the summons upon the receipt of the complaint "&D the payment of the doc$et fee and other lawful fees. he cler$ of court will immediately prepare and send the summons together with a copy of the complaint to the defendant. ,'RH#C' of summons Who will serve the summons? #t will be served by the sheriff, deputy sheriff, any other proper court officer or any suitable person authoriLed by the court. &ot anyone can serve the summons. he person serving the summons must be duly authoriLed by the court to serve the summons. he police man or the military man cannot serve the summons without being deputiLed by the court. here must be an order by the court. o those places where the sheriff cannot go to anymore because of the distance, the court may issue an order deputiLing the chief of police in that place or any policeman in that place to serve the summons on the defendant. ,ummons once issued by the court, can be served anytime of the day. #t can be served even during holidays, ,aturdays, ,undays because this is a ministerial duty. he summons has no life time 7jason)s very smart commentE a$in to a warrant of arrest as against a search warrant; +nce the summons is served on the defendant, the sheriff 7the server; who serves the summons must immediately submit or render a report to the court. his is called the R' 0R& +K ,'RH#C' +K ,0**+&,. within 9 days from the service of summons, the sheriff will submit the return of service of summons to the court. Copy furnish the counsel of the plaintiff. He must give a copy of that sheriff)s return to the lawyer of the plaintiff. 'ither personally or by mail. he purpose of informing the lawyer for him to start counting the 19 day period after which he can already file a motion to declare the defendant in default. What are the different modes of service of summons? 7+&!Y 5; 1. personal service 7sec :; 4. substituted service 7sec 3; 5. service by publication 7sec 16, 19, 1:; %'R,+&"! ,'RH#C' 7service of summons in person;

I.R. ,ummons must be served on the defendant himself %'R,+&"!!Y. ,o when the summons is issued, the sheriff must try his best to locate the defendant. He can)t just go to the defendant)s office and hand it to the secretary. He cannot be laLy. hat is not a proper service of summons. his is not a valid service of summons. he sheriff must try to locate the defendant. "nd if he could not find the defendant in his first attempt, he must ma$e a second or a third or a fourth attempt B'K+R' he can resort to the second mode of service. ,ummons can be served on the defendant WH'R'H'R the defendant can be found. 'ven if you are the malls, on the streets, etc> Can be served anywhere basta %'R,+&"! ,'RH#C'. What if the defendant will not acceptC receive it? he sheriff will '&D'R it to him. He will say here is the summons, bahala $a dili $a madawat. Basta # will tell the court # left in front of you. 'ven if you will not the return of the service of summons, that is still considered as a personal service. he court should not be held hostage by the refusal of the defendant to sign the summons. When the defendant cannot be served by summons personally, after several attempts, that is the only time when the sheriff can resort to the second mode of service, which is the substituted service of summons. #f you are the sheriff, you cannot resort to substituted service without proof that you attempted to serve it on the defendant personally without futility and of no avail. You have to e(plain why you chose substituted service. ,ubstituted service means you serve this on another person and not on the defendant himself. "nd that person is presumed to be the one to deliver it to the defendant. ,ubstituted service of summons can only done in the following placesE 1. resident of the defendant < one with suitable age 7legal age; and discretion 7not $uwang4(; and residing therein 7must be a resident of the house; OR 2. office of the defendant 7place of wor$; < one who is competent person and in charge of office 7not ordinary employee of janitor but someone who has a position of control or management in the office; &ot necessarily in the order enumerated. 'ither in the office or in the residence. ,'RH#C' +K ,0**+&, BY %0B!#C" #+& When can this be availed? Resorted to +&!Y when personal service and substituted service cannot be had. ,ection 16 it refers to an 0&M&+W& owner of an establishment ?or he is M&+W& and his whereabouts are un$nown #mportant elementE Defendant is just here in the %hilippines. #f abroad, apply section 19. When there is service of summons by publication, you have to as$ leave of court. You "!W"Y, have to as$ leave of court to serve summons by publication. here you have to e(plain the reason why and that the defendant cannot be located even though he is just here in the %hilippines and his whereabouts is un$nown. +r if want to sue a business entity and you don)t $now who is the owner of the entity. 7business entity and not a juridical person and not registered in ,'C; ,ervice of summons by publication to an un$nown defendant or if $nown and whereabouts are un$nown, this is allowed only in actions in rem and =uasi in rem. his is not allowed in actions in personam. "ction in personam 8 action binds only the parties and not other persons. 7e(ampleE breach of contract? loan for certain sum of money; here is a way where you can convert an action in personam into an action in rem so you can serve the summons by publication. You as$ for attachment for the property of the defendant. "ttachment will be granted by the court when there is claim of fraud or deceit. !i$e when defendant will borrow money from you and he disappeared after. here is fraud here.

When there is attachment, the case will be converted from action in personam to an action in rem. C+& R+H'R,Y ,ection 16, it starts with Fin any actionG < does not distinguish whether action n personam or action in rem. his emphasiLe that it applies to all action. Dean says the court needs to clarify this. ,ection 19 '(traterritorial service of summons his is a situation where the defendant is nowhere to be found in the %hilippines. He is already living abroad. When the case involves the personal status of the plaintiff? where it involves a property located in the %hilippines of which the defendant has an interest thereto? or if the property attached is here in the %hils., these are the only situations where the action would prosper and to which the defendant who is not in the %hilippines so when you do that, you have to serve summons by publication and re=uest the court for the issuance of an order allowing the service of summons by publication. When you serve the summons by publication, the rules also provide that you also have to serve a copy of the summons to the last $nown address of the defendant. Why is this so? Because it is a re=uirement of due process. ,o the sending of a copy of the summons to the last $nown address of the defendant is not for the purpose of ac=uiring jurisdiction over the person of the defendant. Because there is already summons by publication. his is just for the substantial compliance of due process because the defendant will be deprived of his property once the court will render judgment. he real reason s that the defendant will lose the property when the court will decide in favor of the plaintiff. #f summons is served by the defendant through publication, the defendant has :. days to file his answer. Can summons be served by registered mail? &+Q it is never found in the rules. #t should only be by personal service, substituted service or by publication.. B0 Q here is another way. #n one case, Carriaga vs *alaya, a very interesting case, the ,C said there are 5 modes of e(tra territorial service 7it means service of summons on the defendant who is living outside the %hilippines; personal, or publication, or in any manner the court may deem sufficient. his is a very broad statement. #n this case, the ,C considered the service of summons by mail to a defendant already residing in the 0.,. as valid when there is proof that the defendant has actually received it. #n this case, the plaintiff was a very poor guy and was as$ing for support from his alleged father. He was as$ing for recognition and support. he father had no intention of coming bac$ to the %hilippines. he poor guy can)t even afford the publication of the summons. He was even an indigent litigant. ,o the court as$ed the guy if he $new where his father was residing and he said yes. He had the complete address. he court then mailed the summons to this complete address. "nd the father received it. He even contacted a lawyer in the %hilippines and the lawyer filed a motion to dismiss for improper service. ,o that means the father received the summons. he lawyer of the father said that the mode of service wasn)t provided for in the Rules. But the ,C said that there is an e(ception to the rule and that is Fin "&Y manner the court may deem sufficient.G herefore, service of summons through mailing can be done but it is the court who decides on it. he court is the one who says that the serving of the summons will be done through mailing. What if you as$ a neighbor who is going to the 0.,. to serve the summons upon a certain person? Can that be done? Yes. But you first have to as$ for the permission of the court. he court must issue an order, deputiLing the person who will be serving the summons on the defendant. he important thing here is that the defendant will actually be receiving the summons. We should not be defeating the rights of the plaintiff by technicalities. he rules of court must be liberally construed or applied in order to meet the ends of justice. his is the e(ception to

the rule. his could be done when the court thin$s that this is the only way that the court can ac=uire jurisdiction over the person of the defendant residing abroad. When the defendant is an entity without juridical personality, how is summons served? #t must be served on the persons managing the entity or the person who claims to be the owner of that entity without juridical personality. #t shall be served upon all or any of the defendants or upon the person in charge of the office or the place of business. When the defendant is a prisoner, summons shall be served through the warden. he warden will act as the sheriff and he will be the one to deliver to the prisoner and he will be the one to ma$e the sheriff)s report or a server)s report of service. He will be the one to ma$e a report to the court. When the defendant is a minor or an incompetent, summons shall be served on him and also on his guardian or duly authoriLed representative. he legal guardian, or in case of minors, it will be served through his parents. When the defendant is a D+*', #C corporation 7juridical person;, summons must be served upon the 1. president 4. general manager? managing partner 5. corporate secretary 6. treasurer 9. in8house counsel the new rules now how enumerated the persons who can receive summons for and in behalf of a corporation. the word agent is very broad. ,o now, it is specifically enumerated. ,ummons served on the secretary of the president is not valid. #t shall be served upon the president. he secretary here refers to the corporate secretary and not the secretary of the president or any other secretary. #t has to be the corporate secretary of the board of directors. &ot any lawyer of the corporation can receive the summons. #t has to be an in8house counsel as distinguished from e(ternal and retained counsels. #n8house counsels are holding office inside of the corporation? they are full time lawyers. Branch managers are not included. ,ervice of summons in branch managers are not valid. ,ummons must be served in the main office and not at the branch office. #f it was served on the wrong person but eventually the president received it, there is substantial compliance. But this was the ruling of a case B'K+R' the 1--3 Rules of Court was passed. "t the time this case was decided, there were no rules yet enumerating the specific persons who can receive the summons. But now, since there is already a specific enumeration of the persons who are authoriLed to receive the summons, then the summons must +&!Y be served upon these persons enumerated. #n the case of a foreign corporation is not doing business in the %hils., there is no way you can sue that corporation. here is no way that you can ac=uire jurisdiction over that corporation. But if doing business in the %hils, even in an isolated transaction. #f the corporation has an authoriLed representative or agent, summons shall be served upon him and that will be tantamount to the service of summons upon the corporation. #f no agent, the summons will be served on the government official authoriLed to receive the summons for and in behalf of the corporation. #n case the corporation is engaged in ban$ing, you serve it through the central ban$. #f in the business of insurance, then to the insurance commissioner or D # secretary. a$e note who receives the summons for that foreign corporation because the period to answer will also differ. if the summons was served upon the government official, authoriLed by law to receive the summons, and the government was able to send the summons to that foreign corporation, the period to answer for that filing corporation is within

5. days. #f received by an authoriLed representative of the corporation in the country, only 19 days to answer. #f the defendant is a public corporation, the summons shall be served through its e(ecutive heads. #f local government unit, it will be to the governor of the province? or to they mayor of the city or municipality. +r it could be through the legal officer of that !I0 li$e the provincial or city attorney. #n other public corporations summons may be served to the solicitor general. %roof of the service of the summons will be the duty of the server. o submit a report to the court and prove that the summons was validly served upon the defendant. #f the summons was served through publication, to prove publication, it will be through the affidavit of the publisher or editor. "nd attached to it will be the clipping of the publication as proof to the court that the summons through publication was property effected. 0nder the new rules now, voluntary appearance of the defendant in a case where he has not received summons shall not be interpreted or considered as a waiver of his right to =uestion the lac$ of jurisdiction of the court over his person.

R8LE :@ MOTIONS his rule is about motions in general. " motion is an application for relief other than a pleading. he $inds of pleadings are enumerated in Rule :. "s a review, they areE 1. complaint 4. answer 5. reply 6. third party complaint 9. cross8claim :. counterclaim so when you go to court to as$ for affirmative relief, and that pleading is not on of those enumerated, then that pleading is called a motion. Here you as$ or apply for relief other than a pleading. Ieneral ruleE the motion has to be done in writing '(ceptionE a motion may be done orally li$e when it is done in open court. #f during the hearing when you loo$ at your watch and it)s already lunch time and you)re hungry, you can as$ the court to move for a continuance of the hearing. he judge will resetC postpone the hearing. ,o this is a motion to postpone the hearing which is done verbally or orally in court. +ther than those that are made in open court, motions #ust be in writing. &ot only that, motions must also be set for hearing. here are two $inds of motions. 1. litigable motion 7lalisa8onun, awai8unon pa; < it must be set for hearing. he court can)t grant or deny this motion without conducting a hearing first. 2. non8 litigable motion 7dili na $ailangan lalisunon pa; < e(ample E motion for postponement on the ground that your client is sic$. his need not be set for hearing. When the motion is to be set for hearing, 7litigable motion;, you have to see to it that the notice of your hearing for the motion must be received by the other party at least three days before the scheduled hearing. his is the three day

notice rule. hree day notice rule < you must notify or the other party must be informed of the scheduled hearing of your motion, three days before the date of the hearing. When you file a motion which is a litigable motion, you must set that motion for hearing. "nd you will be the one to decide the date of the hearing. he date must be within 1. days from the time you filed the motion. #t should not go beyond 1. days from the time you file the motion. "nd then you send a copy of this motion to the other party. ,ee to it that it is received by the other party at least 5 days before the date you set it for hearing. #f you send it personally, you have control over the date he will receive it. #f you send it by mail, you have no control over when he will receive it. &o written motion set for hearing will be acted upon by the court without proof of service thereof. Proof of ser("ce "s necessar/' hree important things to remember when you will file the motion. Without this, the motion is just a mere scrap of paperE 1. you must set it for hearing 7&+ #C' +K H'"R#&I; < where you state the date when you want the motion to be heard by the court 4. you must notify the other party at least 5 days before scheduled hearing 7C+*%!#"&C' W# H H' HR'' D"Y &+ #C' R0!'; < that you have served a copy of your motion at least three days before your scheduled hearing 5. you must have proof that you have notified the other party 7%R++K +K ,'RH#C' +K " C+%Y +K H" *+ #+&; Without these 5, it would render the motion as a mere scrap of paper. #t becomes a pro8forma motion. pro8forma motion < a motion that did not comply with the re=uirements of filing a pleading therefore, it is considered a mere scrap of paper. You have to follow these or else you may lose by mere technicalities. wCin 1. days or at least 5 days in this rule < use calendar days 7&+ wor$ing days; +mnibus motion < when you file a motion you have to put all the grounds and objections that you have in your motion otherwise this grounds are being waived. - " the time you file, you have to put "!! the grounds and +B@'C #+&,, otherwise they are deemed waived. - +mnibus means encompassing or FspreadG 'ven if not raised in the motion, these 6 grounds are &+ deemed waivedE 1. res judicata 4. prescription 5. litis pendentia 6. no jurisdiction over the subject matter if you file a motion for leave of court to admit a pleading, you must " Rule :A 7Dec 4.1. Discussion; "CH the pleading already.

his is the most common motion that you file in court.

his is the motion to dismiss. ,o when do you file a motion to

dismiss? " motion to dismiss is a preliminary objection on the complaint which you file B'K+R' answering. You file the motion to dismiss within the reglementary period to answer. "nd you have to file it before answering.

#f the motion to dismiss is denied, what will you do? You file your answer. his is similar to the motion for bill of particulars because you also file it before you file your answer. #f your motion is denied, then you also have to answer.

#f your motion to dismiss is granted, you don)t have to file your answer anymore. he case is dismissed. Humana.

7@anuary 4.11 discussion;

What is a motion to dismiss? his is a preliminary remedy available to the defendant before he files his answer. %reliminary because it is a remedy that you can avail of before you file an answer. When you receive a copy of the complaint and you are the defendant, you are not bound to answer right away. You read the complaint and if you find that there are defects and infirmity which falls within the 1. grounds for a motion to dismiss, then you need not answer. You file a motion to dismiss.

&ormally, a motion to dismiss is filed before you ma$e an answer. his should be distinguished from a demurrer to evidence. " demurrer to evidence is also a form of a motion to dismiss. When will you file a demurrer to evidence? You file it after the plaintiff has finished presenting his evidence. +n the basis of the evidence presented by the plaintiff, you are convinced that the evidence is not sufficient to prove his case. #n other words, a demurrer to evidence is a motion for the dismissal of the complaint based on insufficiency of the evidence. a$e note that #nsufficiency of evidence is not one of the grounds for a motion to dismiss. ,o, after the plaintiff has already rested his case, he is through with his evidence and you feel that his evidence is so insufficient, it)s useless for you to present your evidence because the plaintiff himself has not proven his case, you need not go further. You need not burden the court in hearing your evidence. Because according to you, the evidence of the plaintiff is not sufficient already to prove his case. hat is demurrer to evidence.

#n a motion to dismiss, you do it before you answer while in a demurrer to evidence, you do it only after the plaintiff has already presented his evidence. #n other words, you have already filed your answer. #n fact the trial has already started and the plaintiff has already rested his case. hat is the time you file your demurrer to evidence. hat is why we say that a motion to dismiss is a preliminary remedy available to the defendant before filing his answer.

&ormally, you file it before you answer. Can you file a motion to dismiss after you have already filed your answer? Yes you can but only in limited grounds. here are 6. litis pendencia. Res judicata. %rescription. !ac$ of jurisdiction over the subject matter. hese are grounds that are &+ deemed waived when you fail to raise them in a motion to dismiss.

Because lac$ of jurisdiction over the person of the defendant is waivable. #f you wont raise this, you are deemed to have waived this.

What are the grounds for a motion to dismiss? here are actually 1. grounds for a motion to dismiss under rule 1:.

What are these grounds?

:' lac& of +ur"sd"ct"on o(er the $erson of the defendant

when does this happen? When does the court ac=uire jurisdiction over the person of the defendant? #t is upon service of summons. ,o if the defendant has not received summons or the summons was improperly served, the court has not ac=uired jurisdiction over the person of the defendant. ,o if the court will proceed to hear the case, the complaint and the defendant, despite the fact the defendant has not receive the summons and has not answered, then the court has not ac=uired jurisdiction over the defendant and the case can be dismissed.

+f all the 1. grounds for a motion to dismiss, this is the wea$est ground because it is very easy to cure the defect. You are the defendant, if you say # have not received the summons yet and then the court will say, o$, here. his is the summons, cured na.

What if there was summons but the summons was served on the wrong person? he court will say, o$ it was served on the wrong person. ,heriffR You serve it now to the correct person. ,o instead of the court dismissing the case, the court can just order the sheriff to do his job properly. he court would seldom dismiss the case on this ground because it would be unfair for the plaintiff to suffer because of the inefficiency of the sheriff in serving the summons. #t is not the fault of the plaintiff if the summons was not properly served on the defendant. #t is the sheriff)s fault. Why should the court dismiss it when it will be the plaintiff who will suffer and not the sheriff. hat is why this is the wea$est ground.

his matter was already clarified in the case of De *idgely vs Kerandos 7+!D R0!#&I; when the defendant files a motion to dismiss on the ground of lac$ of jurisdiction over the person of the defendant, the defendant must enter a special appearance in court purposely to =uestion the jurisdiction of the court over him because of improper service of summons. ,o when the defendant says Fmotion to dismissR !ac$ of jurisdiction over the person of the defendantRG

that should be treated as a s$ec"al or 3ual"f"ed a$$earance because here the defendant should not be considered to have waived his right to =uestion the court)s jurisdiction. However in this case, the ,C said when the defendant files a motion to dismiss on the ground of lac$ of jurisdiction over his person, and the defendant also included other grounds as$ing for affirmative relief, the defendant is deemed to have waived his right to =uestion the jurisdiction over his person. Because by including other grounds, it is deemed that you have waived your right to =uestion the jurisdiction of the court over you.

7NEW R8LIN9; B0 in the case of !a &aval Drug Corp. vs the C", the ,C said, no that was a wrong decision. We should not consider that the defendant to have waived his right to =uestion the jurisdiction of the court over his person if he included other grounds in the motion to dismiss. he ruling in this case was incorporated in the rules of court.

"nother reason is, why will you consider that the defendant have waived this right when in fact he is encouraged by the +mnibus *otion rule include all other grounds, otherwise they will be deemed waived if you won)t raise them. he court will be inconsistent if we will follow the old ruling.

We now follow the !a &aval ruling. #t is now institutionaliLed in the rules of court. he rule now is if you file a motion to dismiss on the ground of lac$ of jurisdiction over the person of the defendant, and then you included all other grounds in that motion to dismiss, you are not considered to have waived your right to =uestion the jurisdiction of the court.

;' lac& of +ur"sd"ct"on o(er the su*+ect #atter (*efore. the/ call "t +ur"sd"ct"on o(er the nature of the act"on

how do you $now whether the court has jurisdiction over the subject matter? @ust loo$ at the allegations in the complaint. he allegations in the complaint will determine whether or not the court has jurisdiction over the subject matter. "ssuming all the allegations in the complaint are true, does it have jurisdiction to proceed with the case? hat is the main =uestion to be as$ed by the court. &ow if the defendant will say that the allegations in the paragraph are not true, will the court dismiss the complaint because the defendant is insisting that some of the allegations in the complaint is not true? &o. all the court will have to do is loo$ at the allegations in the complaint. Whether it be true or not, it doesn)t matter. #t doesn)t matter because these are matters that will be threshed out during the trial of the case. Because this will re=uire the presentation evidence. hese are evidentiary matters. he court will first assume

that all the allegations in the complaint are true. he court will not touch on evidentiary matters, it runs to the resolution of a preliminary objection to the complaint.

Kor the mean time, to solve the issue of whether or not the court has jurisdiction over the issue, all that the court will ta$e into consideration are the allegations in the complaint.

"ssuming that the allegations in the complaint are correct, does the court have jurisdiction to proceed with the case? his is the =uestion that you should as$.

#t is the law that determines if the court has jurisdiction over you or not.

-' "#$ro$er (enue

venue is the place of trial where the case may be filed. his means that the case was filed in the wrong place or venue. Henue of an action depends if it is a real or a personal action. #f real, the venue is the proper court of the place where the real property is located. %roper court means that it could be * C or R C depending on the value. #f it is a personal action, the venue of the action will be either at the place of the plaintiff or the defendant at the option of the plaintiff.

However, venue of the action can be agreed upon by the parties. he parties can disregard rule 6 and agree on the venue. But in order to be binding, the agreement of the venue must be N0"!#K#'D "&D 'AC!0,#H' as ruled in the %olytrade case. #t is +&!Y in that place and not in any other place. #f the agreement as to venue does not contain =ualified or restrictive words, if there is no e(clusivity. he agreement of the venue will only be considered as an additional venue.

his can be waived. #f you did not raise this in a motion to dismiss or in an answer, you are deemed to have waived the right to =uestion the venue.

?' lac& of le)al ca$ac"t/ to sue on the $art of the $la"nt"ff

there 4 $inds of lac$ of legal capacity to sueE

1.

lac$ of legal representation < you file the case as a representative party but it turns out that you do not have the necessary representation re=uired by the law. !i$e you say you filed the case for and in behalf of mr. ( and you can not even show to the court a special power of attorney showing that you have the authority from mr. (.

2. lac$ of capacity to sue under the law < when the party does not have the necessary =ualifications to file the
case as re=uired by the law even if he is a party in interest. '(. *inor, incompetent, insane they must be represented by guardians

@' l"t"s $endenc"a

this means that there is another action pending before another court which involves the same parties, the same issues and the same subject matter. You can as$ for the dismissal of the second case filed on the ground of litis pendencia. he older brother of litis pendencia is res judicata. #n res judicata, it also involves another action and that action has the same parties, the same issues and the same subject matter. the case has already been decided and it is not pending. #t is already decided. he only difference is that in res judicata,

A' res +ud"cata and $rescr"$t"on

prescription < action barred by the statute of limitations? your right t file the action is already lost because of the lapse of time. Because under the law, you are given only a certain period to avail of this action.

C' lac& of cause of act"on F fa"lure to state a cause of act"on

how would you $now that the plaintiff has a valid cause of action? his shall be determined alone on the basis of the allegations in the complaint. @ust li$e in the determination if the court has jurisdiction over the subject matter. Whether the allegations in the complaint are true or not, it is beside the point. #f the allegation would show that there is a valid cause of action, so be it.

here are 6 elements to a cause of action. 1. there is a right of the plaintiff. 4. there is an obligation of the defendant to respect that right. 5. there is a violation of that right by the defendant. 6. there is damage caused to the plaintiff. #f you prove these 6, then there is a valid cause of action.

When the plaintiff did not state what right is violated, then there is no cause of action. he complaint then fails to state that the defendant has that obligation to respect that right.

#n determining whether there is a cause of action stated in the complaint, the court will rely on the allegations made by the plaintiff in his complaint.

"ssuming these allegations are true, does it ma$e a cause of action? does it show that the court has jurisdiction over the subject matter? hese are your basis.

D' the cla"# has alread/ *een $a"d. %a"(ed or a*andoned

or e(tinguished. #n a case of a sum of money, the defendant claims that he has already paid his loan which is the subject matter of the case. hen this will be a ground for the dismissal of the action. When this $ind of defense is raised, it may alter the order of the trial. You have heard of reversed trial. !i$e in criminal procedure. !i$e if you are charged with murder and your defense is self defense, pwede balihon. "ng a$usado ang una mu present ug evidence. Because in the normal order, it is the plaintiff who will usually present evidence first. ,o in a criminal case, the prosecution will present evidence first. When you say self defense, you admitted that you $illed the victim, since you have already admitted you $illed somebody, the prosecution doesn)t need to present evidence to prove that you $illed the victim. he accused will only show proof that it was done in self defense. his also applies in the civil case.

#f you sue me for a sum of money and you say # did not pay you. %ayment is my defense. hat means # admitted # borrowed money otherwise # will not pay you. ,ince # admitted # did borrow from you, the plaintiff does not need to present evidence to prove that there was indeed a loan. +nly the defendant has to prove that the loan has already been paid.

#n cases li$e these where the defense of payment is made, the court need not go to the trial on the merits. #f this is raised in a motion to dismiss, the court will definitely conduct a hearing on the motion to dismiss. #f this was raised in the answer by the defendant by way of a special affirmative defense, the court will conduct a preliminary hearing of the special affirmative defense before going into trial. his is what we call reverse trial. he defense will present first.

E' the act"on "s unenforcea*le under the statute of frauds

statute of frauds is a rule of law which provides that certain contract or agreements must be reduced into writing in order to be enforceable. his was first introduced in 'ngland. his is because we cannot rely on the memories of man. We will forget.

What are those agreements that must be in writing?

a. an agreement that by its terms is not to be performed within a year from the ma$ing thereof

b. an agreement made in consideration of marriage other than mutual promise to marry 7li$e prenuptial agreement, marriage settlements and donations by reason of marriage;

c. an agreement for the sale of goods, chattels or things in action at a price not less than %9.. unless the buyer accepts and receives part of such goods or evidences of things in action or pays at the time part of the purchase price

d. special promise to answer for the debt, default or miscarriage of another 7li$e guaranty;

e. an agreement for the leasing for a longer period than one year or for the sale of real property or of an interest therein

f. representation as the credit of a third person

:>' non2co#$l"ance to the cond"t"on $recedent for f"l"n) an act"on

in our law, there certain provisions that you have to follow before you file a case. +ne of that is the $atarungan pambarangay. Where is it a suit between the residents of a barangay, civil action or a criminal action 7subject to some e(ceptions; and for e(ample the plaintiff and defendant are from lahug, no case will reach the court without them going to the barangay hall. he plaintiff should first file his complain with barangay lahug. #t will be referred to the lupon tagapamayapa. he lupon will convince the parties to settle the case. #f they cannot settle, the barangay will issue a certification to file an action in court. #f you don)t to this, and file a case directly before the court, your case can be dismissed.

"nother is the rule in political law, e(haustion of administrative remedies. Before you go to court, you have to e(haust all available administrative remedies. 7li$e arbitrations stated in contacts; +therwise the court will dismiss your case.

"lso li$e in a suit between members of a family. he case cannot be filed in court without first the plaintiff e(erting earnest effort to settle the matter amicably. Before there was a family council but there is none now. You don)t need a family council now. &ow all you have to do is allege in the complaint that you have e(erted earnest efforts to settle the matter amicably.

Not"ce of hear"n)

*otion to dismiss is a motion that must be heard by the court before the court will grant. Hearing is a re=uirement in a motion to dismiss. he court cannot grant or deny your motion to dismiss without first conduction a hearing. hat is why when you file a motion to dismiss, you must state in your motion a notice of hearing.

We have already discussed about motions in general. +ne of the re=uirements of a motion is that you have to as$ the court to set your motion for hearing. +therwise, your motion will be what? What is the effect? You file a motion and after the lawyer signs, the end. +n the bottom, you have to write, Fto the cler$ of court of the R C, greetingsRG hen you have to state there F please submit the foregoing motion for the consideration and resolution of the honorable court on 7D" '; at 2E5. am.G his is the notice of hearing. You have to have a notice of hearing. Without this, this will be treated as a mere scrap of paper. #t will be called a pro8forma motion. Your motion will have no meaning.

You should be the one to set the date of hearing of the motion. #t will not be the court who will set the date although the court will be the one who will eventually decide whether or not it will grant the date that you re=uested .

Without the date for the notice of hearing, it will not be a valid notice of hearing. "nd so your motion will be treated as a pro8forma motion. " mere scrap of paper. he court will not entertain your motion or will deny your motion outright.

Remember there are 4 $ind of motions? !itigable and non litigable motions. When litigable, it is mandatory that you must to set if for hearing. &on8litigable, can be granted e(8parte or without a hearing. " motion to dismiss is a litigable motion. You have to argue and prove your motion and the other party has a right to object. ,o a motion to dismiss should always be with a notice of hearing.

he other party has to be notified of the hearing at least 5 days before the hearing. he date that you want it to be heard should not be beyond 1. days from the time you filed the motion.

When the motion to dismiss is filed in court, the court will schedule that motion for hearing before the court will resolve it. #n the hearing, the movant 7one who filed the motion; will have to present evidence. he other party will

also be given the opportunity to present evidence. here is a full blown hearing on the motion. he court can)t right away grant or dismiss. #t will be a violation of due process. he parties should be heard.

"fter the hearing, the court has only 5 possible option.

1.

to grant the motion

4.

to deny the motion

5.

to order the amendment of the motion

actually the amendment of the motion is tantamount to a denial of the motion to dismiss. he court will give the plaintiff a chance to correct the defects.

0nder the old rule, there used to be a 5rd option. he court may defer the resolution of a motion to dismiss when it appears that the ground stated therein does not appear to be indubitable. his is a good e(ample of a wrong way of phrasing the law. Double negation. What means is that the ground appears doubtful. #mong ground walay claro. ,o here, your motion will be held in abeyance. Your motion to dismiss will be pending for the mean time. his option is not available anymore.

,o when you file a motion to dismiss, the court has to resolve it. 'ither to grant it or deny it or give the plaintiff a chance to amend it.

What happens when the court grants your motion to dismiss? #t means wala na. the complaint is thrown out and there is no more case.

What is the remedy of the plaintiff? o appeal. because the motion to dismiss, when granted, is a final order.

When the motion to dismiss is denied, the court is convinced that there is a good cause of action. he remedy of the defendant is certiorari under rule :9. !i$e when it is obvious that the case should be dismissed and there was grave abuse of discretion on part of the court in denying the motion to dismiss. he defendant can)t appeal the decision denying the motion to dismiss because this is merely an interlocutory order. #t leaves the court something to be done.

Your remedy is certiorari or prohibition. hese are special civil actions. hese are not considered appeals.

he ne(t =uestion is if the court grants the motion to dismiss, can the plaintiff refile the case? #t depends on what ground that it was dismissed. #f it refers to grounds :,2,-, you cannot refile it. #t refers to res judicata and prescription, that the claim has already been paid, waived or abandoned and that the claim is unenforceable for failing to comply with the statute of frauds. #f these are the reasons for the dismissal of your case, this is the end of your case. You cannot refile.

#f there is lac$ of jurisdiction over the person of the defendant, it is very easy to correct. When # refile the case # only need to see that the sheriff properly served the summons on the defendant.

When there is lac$ of jurisdiction over the subject matter, # can just refile it and clarify in my complaint that the court has jurisdiction over the subject matter. #f the ground is improper venue, # can always refile it and this time, # will file it in the proper venue.

When there is lac$ of capacity to sue, this time, # have to state clearly my capacity to sue.

!itis pendentia, lac$ of condition precedent before filing the case, # can always refile it this time # will see it that # have alleged that # have already complied with the condition precedent.

he hearing of a motion to dismiss, whatever is presented by the parties in the hearing of a motion to dismiss shall be considered as part of the evidence in chief of both parties. Because the hearing of a motion to dismiss is recorded. ,o during the trial, you need not produce these evidence again. hey are already considered as part of the evidence.

#f the motion to dismiss is denied and you agree with the court that is should be denied, then you file your answer.

When do you file your answer? Within the remaining period but not less than 9 days.

Can you invo$e these 1. grounds in your answer as an affirmative defense? Yes. You have the option either to include it in your answer or file a motion to dismiss.

Which decision is better? here are advantages and disadvantages.

he advantage of filing a motion to dismiss is that you end the case right away. #f you can convince the court that the ground to dismiss is very clear. You don)t have to answer anymore.

,ome lawyers would prefer to incorporate the ground to dismiss in their special affirmative defense. Why? he advantage is that a #ot"on to d"s#"ss "s not cons"dered as a res$ons"(e $lead"n) so the plaintiff can still amend the complaint as a matter of right and correct the infirmities in his complaint.

But when there is already an answer filed by the defendant, the plaintiff can no longer amend his complaint without leave of court. But if there is no answer, he can amend his complaint by himself without leave of court.

he bad thing of filing a motion to dismiss is that the plaintiff can right away see his mista$e and he can correct it right away.

#f you are the defendant, the effect will be the same. 'ven if you did not file a motion to dismiss and you answered right away. "nd you put the grounds to dismiss in your answer, you can always later on as$ the court to hear your special affirmative defense ahead of the trial of the merits. We call this preliminary hearing of the special affirmative defense. his is tantamount of a hearing of a motion to dismiss. ,ame effect.

You can always tell the court why start the hearing right away when you raised an affirmative defense. hat if you can prove to the court, it would mean the dismissal of the complaint. &ormally the court will grant that. #n my 7dean)s ; e(perience, the court will grant it -./ of the time.

R8LE :C DISMISSAL OF ACTIONS

#n rule 1: we are tal$ing here of dismissal of the case at the instance of the defendant. #t is the defendant who will move for the dismissal of the case. he dismissal of the case is upon the initiative of the defendant. But here in rule 13 the dismissal is upon the initiative of the plaintiff. #t)s not the defendant who will as$ for it. #t is the plaintiff who will as$ for it.

# thin$ the more appropriate term to be used here should be withdrawal instead of dismissal. Where the plaintiff will withdraw the case. Kor e(ample # am the plaintiff and # will file a case and then later on # will change my mind and # want to withdraw the case but the term used here is dismissal in rule 13. Dismissal at the instance of the plaintiff. #n other words, the plaintiff can as$ for the dismissal of the case that they filed.

he dismissal of the case at the instance of the plaintiff may either be with leave of court or without the leave of court. he plaintiff can do it without the leave of court if there has been no answer yet +R B'K+R' the filing of a motion for a summary judgment by the defendant. he plaintiff can dismiss his own complaint. he dismissal is a matter of right and the court cannot do anything about it.

Here, Fnotice of dismissalG is used. &ot motion. Because motion means that you as$ the court. When you say motion, you are as$ing for the permission of the court. But here when you say FnoticeG, you are not as$ing for permission from the court but you are notifying the court out of respect.

#f # file a complaint against you and you have not answered, # can file a notice of dismissal. # will notify you and the court that # am withdrawing the complaint and it is still a matter of right. he court will only issue an order affirming or confirming that dismissal.#t is not granting the dismissal.

#s the dismissal with or without prejudice? #t is without. #t is without prejudice to the refilling of the case. #f # withdraw the case before you answer, it is a matter of right and # can re8file it again later on. 'AC'% E when the dismissal is already with prejudice. When it is already dismissed for the second time. # cannot re8file it again after the second withdrawal.

+nce there is already a second withdrawal by notice, it will already be considered a dismissal with prejudice. hat means you cannot re8file it anymore.

When there is an answer or a motion for summary judgment filed in court, leave of court is re=uired. You have to as$ the court. You have to file a motion to withdraw or dismiss your complaint.

,ince there is already an answer filed, it is very possible that there is a counter claim contained in the answer. ,o does the dismissal of your complaint with leave of court carry with it the dismissal of the counter claim? he answer is no. when the plaintiff decides to withdraw his complaint and the defendant has already filed an answer with a counter claim, the defendant must be as$ed by the court if he would li$e his counterclaim to be heard in the same case or tried separately. #t is up to the defendant. ,o the defendant must have to manifest to the court, within 19 days, from the time he receives the order of the court granting the motion for the dismissal or withdrawal of the complaint.

#f you will not tell the court within 19 days, then your counterclaim is included in the dismissal. #t means that you want your counterclaim to be tried separately. ,o then you will have to file your counterclaim as a separate action against the plaintiff.

Here the dismissal of the case or complaint is considered to be without prejudice unless the court otherwise provides. 0nless the court in its order, granting the dismissal provides that the dismissal is with prejudice. #f the court is silent, it will be considered as without prejudice to the refilling of the case.

he third instance 7sec 5; refers to the dismissal of the case not at the instance of the plaintiff or the defendant but at

the instance of the court but it is because of the fault of the plaintiff. he court may moto proprio dismiss the complaint or the case pending before it. #f any of the 5 incidents will occur. +ne is when there is a failure of the plaintiff to present evidence in chief during the presentation of his evidence.

During the trial, the court will schedule the date of hearing. !i$e on certain dates, it will set the date when the plaintiff will present his evidence. his is normally agreed during the pretrial. ,o before the start of the trial proper, during the pretrial, it is to agree on the date of hearing. #f it is the turn of the plaintiff to present his evidence in chief then he is the one who should testify because the presence of the plaintiff is indispensable. ,o if on the scheduled date of hearing for the presentation of the plaintiff)s evidence and the plaintiff did not appear, without any justifiable reason, 7li$e hangover and drun$; the court may dismiss the case right away for failure to appear of the plaintiff to present evidence. his is with prejudice.

he second reason for the dismissal is when there is a failure on part of the plaintiff to prosecute his case for an unreasonable length of time. !i$e when you did not do anything so that your case will move. !i$e during pretrial, in the old law, once the issues are already joined, 7there)s already a complaint, an answer, a reply, all the pleadings are in; it is the duty of the court to immediately schedule it for pretrial conference. hat is no longer true now. 0nder the new rules, it is not anymore the duty of the court to schedule it for pretrial. #t is now the duty of the plaintiff to see to it that the case will be scheduled for pretrial. his is the new rule.

When you file a case, it is your duty to see to it that the case will move. You have to ma$e follow ups.

hird is the failure to comply with the lawful order of the court. Your case will be dismissed later on. But the order of the court should be valid and lawful. #n one case, it is said that it is wrong for the court to dismiss the case or complaint simply because the plaintiff did not obey the order of the court to amend his complaint. he order to amend the complaint is not a lawful order because the plaintiff died and he ordered the lawyer to amend the complaint to include the heirs of the plaintiff. he court is wrong here. You do not have to amend the complaint but just follow the rule on substitution of the parties.

What the lawyer of the plaintiff will do is just to inform the court that his client is already dead and the names of the heirs. then the lawyer will re=uest the court for the substitution of the parties.

,o here the order of the court to amend the complaint is not a valid order. #t is a wrong order.

#t is only when the failure to obey a lawful order that the case will be dismissed. his same rule is applied to appeals.

Here the dismissal of the case is due to the fault of the plaintiff. ,o the dismissal is with prejudice. 0nless the court provides otherwise.

R8LE :D PRE2TRIAL

his is preliminary to the trial. %retrial is mandatory in civil cases.

Rule 1E he court will conduct a pretrial when all the issues are joined.

Rule 4E he issues are already joined when the last pleading is filed.

#n case of a complaint, the last pleading is an answer. " reply may be filed but it is not mandatory. if the plaintiff did not file a reply and after the lapse of the period to file a reply then the issues are considered joined. When there is a reply, after the lapse of a certain period, then the court will now consider the issues joined. *eaning that the court can already determine what is the issue. Before the filing of the answer, there is not yet the joinder of the issues.

+nce the issues are joined, it is the duty of the plaintiff to file a motion in court to set the case for pretrial conference. +therwise, the case will be dismissed for failure to prosecute for an unreasonable length of time.

he &ature and purpose of pretrial is found in section 4. the pretrial should be scheduled on a date separate from the initial trial.

he ,C said you cannot have the pretrial and the initial trial on the same day. hat cannot be done. Why? Because there are many things to be discussed during pretrial. #t is not only settlement that is to be discussed here. "lso are the issues agreed upon and that the parties have been given a chance to as$ the court for the correction of the pretrial order if there was a mista$e. hat is why pretrial and trial cannot be done together.

Pur$ose of $retr"al,

1.

settlement

4.

simplification of issues

5.

possibility of referring the matter to a commissioner

6.

the court will as$ the parties to agree on certain facts that they do not dispute

9.

and the facts that they dispute

the admitted facts or the undisputed facts do not need to be proven anymore. his is what we call as stipulations of facts during the pretrial.

During pretrial, the court will as$ you to settle if you can settle. "nd also in the pretrial, you will be as$ed for the issues that will be resolved by the court. "lso li$e who are the witnesses that you will present during the trial and the tenors of their testimony. "nd lastly you will agree on the dates of the trial.

"fter that, whatever happens or transpires during the pretrial must be summariLed by the court in its order. his is called the order of pretrial or the pretrial order.

he pretrial order is very important. When it is issued by the court, the court will as$ both parties to chec$ the pretrial and as$ if they have objections, corrections or anything that they want to add in the pretrial order. his is very important because this will guide the proceeding of the trial. Whatever is agreed upon by parties during the pretrial, li$e the issues to be resolved, these are the only issues that will to be proven in court. and if the parties will prove other issues that are not included in the pretrial then that is a ground for rejection. ,o the subse=uent proceeding in court, the trial of the case in court shall be governed by the pretrial order. he pretrial order needs to be strictly followed.

Before the pretrial period, notice should be sent out to both parties of the scheduled pretrial. #n the old rules, both the parties and the lawyers must be notified. 76 sets of notices; in the new rules, only the lawyer of the parties will be informed. &otice to the lawyers will be a notice to the parties. #t will be the duty of the lawyer to inform his client.

During the pretrial the presence of the lawyer and the parties is mandatory. if the plaintiff is absent, his case will be dismissed. #f the defendant is absent, the plaintiff will be allowed to present evidence against the defendant e(8parte. heir presence is very necessary.

#f both you and the lawyer are absent, the court will declare you non8suited and the case will be dismissed.

#f the defendant is absent or his counsel, in the old rules, they will be declared as in default. #n the new rules, the plaintiff will be allowed to present evidence e(8parte. hey are not declared as in default because an answer has already been filed. But the effect is the same as in default.

During the pretrial and the party 7defendantC plaintiff; cannot appear during the pretrial for some valid reason, he must inform the court and send a representative if he wants to represent him during the pretrial. 7li$e if they are hospitaliLed or sic$ or in the 0,; they can send anyone as representative. o be valid, the authority given to the representative by the party must be a C+*%!' ' authority. He must authoriLe the party to represent him in the pretrial which includes the power to enter into amicable settlements, admission of facts, or stipulations of facts. Without this authority, then your presence will not be recogniLed by the court. #t is as if you have no representative. #f you are the plaintiff, your case will be dismissed. #f you are the defendant, the plaintiff will be allowed to present the evidence e(parte.

What if the party is a corporation? Who is authoriLed to represent him in the pretrial? he should be e=uipped with the necessary authority given by the corporation. he authority must come from the board. here must be a board resolution. &ot an ,%" that is signed by the president of the corporation. #t must be a board resolution that is signed by the board. he president cannot bind the corporation. it is only the board that can bind the corporation.

%re8trial brief < a new re=uirement that is not found in the old rules. #n the new rules, it is re=uired that the parties must submit their pre8trial briefs " !'", 5 days before the pre8trial conference. #t contains a summary of the facts of the case, the statement of facts, the statement of issues, manifestation of your willingness to enter into amicable settlement and a statement whether you would li$e to avail of the modes of discovery, and you would state there what are your proposal for admission of facts, what are the facts that you would li$e the other party to admit. ,o you propose admission of facts to the other party the same way that the other party would also ma$e a proposal of admission of facts. You also agree on the date of trial and state there who are the witnesses you will present, the number of witnesses and the gist of the testimony of each witness and how many minutes of hours will each witness testify.

#*%+R "& E ,ubmission of the pre8trial briefs at least 5 days before the date of the scheduled pre8trial is mandatory. otherwise, the appearance of the party and his counsel during the pre8trial will not be recogniLed by the court. #t is as if you are not there and you are invisible. "nd the court will not consider that you are present.

#f you are the plaintiff your case will be dismissed. Kor failure to submit the pre8trial brief within the reglementary period is tantamount to non8appearance during the pre8trial. You are deemed absent because your presence is not

recogniLed.

#n you are the defendant, the court will allow the plaintiff to present evidence e(parte. #t is as if you are already in default. hat is the effect of non submission of pretrial brief.

R8LE :E, INTERVENTION

#ntervention is a remedy given to a person who is not a party to the case to intervene in the case because he has a legal interest on the subject matter of the case. He has an interest in the success of one party, or the other party, or that he has an interest against both parties, or he will be adversely affected by the outcome of the case. #n other words, a person who is not a party of the case can intervene in the case if he can show to the court that he has an interest involved in the case. hat he will be affected by the outcome.

When you intervene, you can ta$e one side of the party and against the other party or you may not side with either party and enforce an interest against both of them. You can side with the plaintiff and here you can file a complaint in intervention. +r if you side with the defendant, you file an answer in intervention. When you are against the both of them, you file also something called a complaint in intervention.

When you intervene in the case, you must always as$ the permission of the court. # #, "!W"Y, W# H !'"H' +K C+0R .

hat is why what you will file is a motion to intervene. When you file a motion in court as$ing the court to allow you to file a pleading you must attach the pleading that you are as$ing the court to admit. You must attach the pleading together with the motion. ,o when you file a motion for leave of court to intervene, you must attach already to that motion your complaint in intervention or your answer in intervention.

I'&'R"! R0!'E the motion to intervene is discretionary on the court. he court is not bound to grant the motion to intervene because one of the condition before you can intervene is that you have to show to the court that you have a legal interest that you want to protect. hat you have legal interest in the subject matter of the case and that you will be adversely affected by the outcome of the case.

#n denying your motion to intervene, the court must ta$e into consideration that following factsE

1.

whether or not your intervention will unnecessarily delay the proceeding or

4.

whether or not the right of the intervenor can be protected in another proceeding. 7li$e if the intervenor has another remedy aside from the intervention. His right can be properly protected in another or separate action without allowing him to intervene; #f yes, then the intervention must be denied by the court.

Where the court should admit the intervention

1.

if you intervene in the case and you are one of the indispensible party

4.

when the case that is filed is a class suit

class suit 8 when there are so many parties to the case that it becomes impractical to include all of the them, some of them, which sufficiently represent the interest of the group, may bring action for and in behalf of the others.

he court will allow you to intervene if you are one of those who belong in those class and you feel and believe that those persons who filed the case for and in your behalf are not doing their job and you are afraid that you might lose the case. herefore you are affected and you have legal interest in the outcome of the case.

What happens if the main case is dismissed upon the agreement of the parties? What happens to the intervention?

#t will depend on the reason to intervene. it will depend on the ground to intervene. #f the intervention cannot be resolved independently from the main case, 7if dependent; then your intervention should not be dismissed.

But if it is not closely related to the main case 7if independent;, the dismissal of the main case carries with it the dismissal of the intervention.

#f you intervene in a case because the creditor files a case against the surety and you are the debtor and if there was a settlement between the creditor and the surety, then it carries a dismissal of the intervention of the debtor.

But if your intervention is that you claim to have an interest adverse to the original parties. #f the plaintiff and defendant are =uarrelling over the ownership of a piece of land and you say you are the owner of the land. !ater on while the case is pending, they settled, the intervention is not dismissed. #t will be unfair if you will not be allowed to argue.

R8LE ;: S80POENA

#f it is a multi sala court 7li$e in cebu city; and there many branches. "nd if you file a case, your case will have to be raffled. he raffling in conducted every uesday in the afternoon. But if your case is urgent, li$e a R+, then your case will be raffled immediately without waiting for uesday. But in ordinary cases, it will be done only once a wee$ every uesday .

,ubpoena < is an order from the court directing the person to appear in court in order to testify in connection with a pending case.

4 $inds of subpoena.

1. subpoena ad testificandum < re=uiring a person to testify and appear in court? testifiy in connection with a particular case.

4. subpoena duces tecum < you are re=uired to go to court to bring some documents and papers and submit it to the court because these documents are needed in a pending case.? bring documents only and not testify

5. subpoena duces tecum ad testificandum 8 #f you are re=uired to testify and bring some documents to be identified by you during your testimony? testify, bring document and identify the document

Who can issue the subpoena? &ormally issued only by the court where the case is pending. he case where you are supposed to testify or present some documents for evidence.

o whom can the subpoena be issued? o anyone. "nyone can be as$ed to testify. "nyone can be re=uired to bring documents to be identified and presented in court.

#t could be in a court where deposition is to be ta$en 7which is not the court where your case is pending? also not the court that is handling your case.;

Who else can issue? "nother one is any person or authority or office in the government which is vested by law with the power to conduct and investigate < a good e(ample is the fiscal.

he fiscal is not a court but it can conduct investigations. #n criminal cases, the fiscal is the one who determines if there is a prima facie evidence and he can issue a subpoena. "lso in family law cases li$e the cases of annulment of marriage, legal separations, declaration of nullity of marriage to investigate if there is collusion.

he &B# can also issue a subpoena. "ny officer in the government who has the authority to conduct investigations can conduct a subpoena. #f they conduct investigations in relation to a particular case they are handling, they can issue a subpoena.

"!! N0",#8@0D#C#"! bodies or agencies in the government. !i$e &!RC, energy regulatory board, H!0RB>

he deputies of the ,C and C" can also issue subpoena in relation to any investigation conducted in the %hilippines.

When a subpoena is issued by the court, can the court recall 7=uash; the subpoena? Yes.

When? here must be a motion filed by the other party as$ing for the =uashal of the subpoena.

o =uash means to dismiss or to remove. #f a subpoena is issued against me, # can as$ the court to =uash that subpoena if there is valid ground. What are the grounds? #t depends on the $ind of subpoena.

" su*$oena duces tecu# can be =uashedE

1. if it turns out or if it appears that the subpoena is unreasonable or oppressive

4. if it does not show the relevance or the materiality of the documents re=uested

5. if the re=uesting party did not advance the cost of the reproduction of the documents

" su*$oena ad test"f"candu# can be =uashedE

1. if the person re=uested to testify is not bound by the subpoena

#t is because he can invo$e his H#" +RY R#IH as a witness. Hiatory right of a witness means if the witness resides #ore than :>> &# from the court he may refuse to testify or he cannot be compelled to testify. 7old rules 9.$m;. the court does not have control over the person to be subpoenaed. He is not bound by the subpoena. He can refuse to obey the subpoena.

Beyond 1.. $m, you cannot be forced to testify. 7resident of cebu and to testify in davao;

'ven if you do not appear in court, you cannot be held in contempt. #f you will not testify, the court cannot compel or force you.

You will subpoenaed at your current address.

Hiatory right is available only in civil cases and not in criminal cases.

#n either case, whether it is a subpoena duces tecum or subpoena ad testificandum, the re=uesting party should advance the &"lo#etra)e 7the payment for the travel e(penses of the witness and it is based by the $m.;? layman term Fwitness feeG

'ffect if not obey subpoenaE you can be held in comtempt. '(cept if you can invo$e your viatory right.

Does your viatory right apply to all cases? &o. it does not apply in criminal cases because the accused has a constitutional right to secure the attendance of his witnesses and the production of evidences in his behalf. #t only applies in civil cases.

DIFFERENT MODES OF DISCOVERB

hese are modes to discovering evidence of the adverse party or of your opponent. here are many ways to discover this.

he most popular is the deposition

De$os"t"on < is the advance ta$ing of the testimony of the person for future use. here are 4 $inds of desposition

1. de$os"t"on de *ene esse < the deposition ta$ing during the pendency of an action. here is a case filed and
pending in court and one of the party to the case would li$e to ta$e the testimony of a certain person 7li$e a prospective witness; in advance 7rule 45;

2. de$os"t"on "n $er$etua# re" #e#or"a# < ta$ing the deposition of a prospective witness in connection
with a future case ? you are anticipating that a case will be filed later. +r there is a case that is already decided but it is pending appeal

a'

case not /et f"led

*' case $end"n) on a$$eal

When is leave of court re=uired?

#n rule 45, leave of court is re=uired if from the time jurisdiction over the defendant is ac=uired li$e when summons is served until the time an answer is received. #n other words permission is needed when the defendant did not file an answer yet. he plaintiff may ta$e the deposition of "&Y prospective witness that he may utiliLe.

When is leave of court not re=uired?

When there is already an answer filed by the defendant and served already on the plaintiff. #n other words the moment the plaintiff receives a copy of the answer. #t becomes a matter of right now.

he deposition under rule 46 is "!W"Y, with leave of court. #t will always re=uire the approval of the court. #n fact you are re=uired to file a verified petition in court if you want to ta$e the deposition in perpetuam rei memoriam.

SSendSS part 4 cCo cherry ED

C#H#! %R+C'D0R' R"&,CR#% #+&, @"&0"RY 44, 4.11 Different *odes of DiscoveryE Rule 45 < 4Deposition a. De benne esse < rule 45 b. #n perpetuam re memoriam < rule 46 DifferenceE Rule 45 < deposition pending action? there is case already filed in court Rule 46 < deposition before action or pending appeal? no case filed in court yet but you are anticipating to file a case 7before action;? or there is case filed or trial court has decided case and losing party has appealed case to higher court, and while the case is pending in the higher court, one of the parties wish to ta$e deposition of witness, then avail of rule 46 R0!' 45 D'%+,# #+& D' B'&&' ',,' Deposition is the advance ta$ing of the testimony of a person, of a prospective witness, or of a party to the suit. Why? #t could be that witness is already about to leave country for good or witness is already dying and you believe that he will no longer be here by the time your case is called for trial. hese are remedies given by rules of court. ,o later on, when hearing of your case will start and you would li$e to present evidence, if your witness died already, you present his testimony that was ta$en. When you ta$e the deposition of a person whom you intend to utiliLe as witness in connection to a case, the first =uestion is how will you do it? #s leave of court necessary? Rule 45, ,ec 1 provides that deposition can be ta$en either with leave of court or without leave of court. !eave of court is re=uired only when the defendant has already been served with summons, meaning the court has already ac=uired jurisdiction over person of defendant but the defendant has not yet filed his answer. ,o, leave of court is re=uired only within that 198day period. +nce the defendant receives his summons 7and thus the court ac=uired jurisdiction over his person; and until the time he files an answer, the plaintiff can ta$e the deposition of any person or witness but he must as$ the permission of court. !eave of court is re=uired.

!eave of court is no longer re=uired when the defendant has already served his answer. 'ven if defendant has already filed his answer but the answer has not yhet been served to plaintiff, the plaintiff can as$ for deposition ta$ing with leave of court. But if there is answer served on the plaintiff, then leave of court is no longer re=uired. #f there is already an answer, either party could ta$e the deposition of their prospective witnesses without leave of court. #t becomes a matter of right. You just file a notice to ta$e deposition of a witness and just inform or notify the court, out of respect. But, permission is no longer re=uired. '(. # filed complaint against you. You filed your answer, # received it. hen # learned one of my material witness is leaving for 0,. # have to ta$e his testimony in advance by way of a deposition. How will # do it? # will just send a notice to the other party , copy furnish to the court that # will be ta$ing the testimony of this witness for the reason that he is leaving the country. #n the ta$ing of the deposition of a witness, who decides who will ta$e the deposition? he person who will conduct the deposition ta$ing and receive the testimony of that witness is called a deposition officer. Who will decide who will become deposition officer? he re=uesting party, not the court because permission of court is not even re=uired. he obligation of the re=uesting party is only to notify the other party. # will serve a notice ot the other party and his counsel informing them that the testimony of this particular person will be ta$en as a witness. # will state the date, time, place, and deposition officer. Who can be a deposition officer? here are certain =ualificationsE #f deposition is to be ta$en in %hilippines, it could be any judge of the place where the witness resides, a notary public, or any person authoriLed to administer oath. he judge here is not the judge handling the case or the judge where the case is pending. #t is a judge where the witness resides '(. #f case between us is pending before @udge #ngles in Capitol, and witness is in agbilaran. # will loo$ for judge in agbilaran to conduct deposition. &ot judge #ngles because the judge handling the main case cannot be a deposition officer of the same case that he is handling. he judge must be a judge at the place where the witness resides. Who can be a notary public? +nly lawyers. But not all lawyers can be notary public. o be a notary public, you have to apply a license. he license is good for 4 years. !awyers who are wor$ing in the government can notariLe, not as a notary public, but in relation to their performance of their public function. " fiscal can subscribe and sworn to. " cler$ of court is authoriLed to administer oath. ,ome government lawyers are authoriLed to administer oaths. 0nder ,ec 16, those authoriLed to administer oath is allowed only to be a notary public if both parties agreed to it, if they both re=uested for that person to be a deposition officer. #f deposition is to be ta$en in another country, it could be the ,ecretary of the %hilippine embassy, consul, vice8consul or consul8general, or any person in that country authoriLed to administer oath, or any person authoriLed by our court here to be the deposition officer and that authority may come by way of a letter commission or a letter rogatory. !etter commission and letter rogatory is a letter from the court where the case is pending in the %hilippines. '( the case is pending before @udge #ngles. #f one of parties re=uest that testimony of witness residing abroad be ta$en, that party must re=uest the court for issuance of letter commission addressed to a person authoriLed to conduct the deposition ta$ing abroad. !etter commission is actually authority of court authoriLing the person from that country to conduct the deposition ta$ing or be deposition officer.

!etter rogatory is letter form the court re=uesting the judge of the place of that country where the witness resides. 0nder the rules, letter rogatory can be resorted to only when the letter commission fails. "s a matter of policy, the court should avoid issuing letter rogatory if letter commission is still available. '(. # have pending case in R C of Cebu before @udge #ngles. *y material witness has already left the %hilippines, but # have his address. He is in !os "ngeles, California. Witness refuses to return to %hilippines. # will as$ @udge #ngles to issue letter commission appointing the %hilippine consul in !" to act as deposition officer. When the consul receives the letter commission, then the consul will call the witness to come to him and answer =uestions. &ormally, the $ind of deposition ta$ing will not be oral but by written interrogatories. Remember there are two $inds of conducting depositions, by oral e(amination or by written interrogatories. #f witness, e(ample, is in Bohol and case is in Cebu. Witness is not willing to come here in Cebu. He is sic$ly and resides more than 1..$m so he cannot be compelled to testify because this is a viatory right. *y remedy is to appoint a judge in Bohol. #f deposition ta$ing is by oral e(amination, #, and the other party, must go to Bohol. We will have a hearing but minus the formalities of a court trial but a stenographer is there. But if the place of witness is too far and impractical for both parties to go, you can conduct deposition ta$ing by written interrogatories. # will prepare all the =uestions that # want to as$ to that person. he other lawyer will also prepare the same then we will send it to the appointed deposition officer. Witness will appear before deposition officer, deposition officer will read to him the =uestions, witness will write his answers then deposition officer will send it bac$ to the judge hearing the case. ,o deposition by written interrogatory is that the =uestions are in writing. #n oral e(amination, there is direct e(amination by the re=uesting party and cross8e(amination by the lawyer of the other party. #t is conducted in the office of the judge of that place who is appointed as a deposition officer or in the office of the notary public. +nce deposition officer agrees, then send out notice of deposition to the other party. he notice will read something li$eE &otice is hereby given that the plaintiff, through the undersigned cancel, will conduct a deposition through oral e(amination of witness residing in acloban City. he name of the witness is this. ,o we will be ta$ing the deposition of a certain *r. @uan dela CruL in acloban City. he deposition shall be ta$en before "tty. *anggilibutan of acloban City at his office on this particular date and on this particular time. # already informed the other party. #t is their discretion whether to go or not. You have to contact witness informing him of the deposition. #f the other party refuses to go to acloban, the other party may re=uest the court where the case is pending that they will send written =uestions instead of oral e(amination. he court may grant such re=uest. " person cannot be a deposition officer if he is related by affinity or consanguity to the deponent up to the : th civil degree, or if officer is relation not only to the parties but also to the counsel. he deposition officer must not have any relationship to the parties and lawyers up to the :th civil degree. Deposition ta$ing in foreign country may be by written interrogatories or oral e(amination. Nuestions will be sent to %hilippine consul, consul will issue subpoena to witness. ,uppose that witness will not appear before the consul, the consul does not have coercive power over the witness. he consul cannot cite him in contempt since he does not have coercive power to compel witness to appear before him. his is where letter rogatory will come in. #n letter rogatory, the re=uest will be channelled through the court of that foreign country. +ur court will send a letter re=uesting the judge of that foreign country to invite the witness to come before him and answer =uestions, with the promise from our judge that if a similar re=uest will be done by the court of the foreign country, we will also comply. his is similar to the concept of reciprocity. #f the witness does not appear, he can now be cited in contempt by judge of foreign court because the judge has coercive power.

When witness is residing abroad and you want to ta$e testimony of that witness, you can ta$e it by deposition, usually by written interrogatories, to be ta$en by the consul through a letter commission. #f witness does not follow consul, then resort to letter rogatory. he general rule is that the court will issue letter rogatory only if letter commission fails. ,cope or '(tent of Deposition a$ingE he re=uesting party can as$ any =uestion provided that they are related to the case. "ll =uestions that are relevant and material, e(cept privileged communication. #f # ta$e the deposition of the witness, am # bound to present that deposition in court as my evidence? &o. You can ta$e the testimony of a prospective witness, preserve it Fin a freeLerG, then you can either use it or not use it. You cannot be compelled to present it. Deposition can be used when the deponent is no longer available to testify such as he is dead or went abroad. Deposition is not admissible in evidence if deponent is available to testify during hearing. #f at the start of hearing the witness is available, his deposition cannot be used and is merely a scrap of paper. his deposition can, however, be used by the other party to contradict the witness who testified. Deposition can be used to impeach the testimony of the deponent. '(. " case filed against me. # filed answer. Before start of case, # learned that my opponent will use this person as witness. #f # am lawyer of defendant, # can surprise plaintiff by ta$ing deposition of his witness. # will ta$e his advance testimony. he answer of witness is spontaneous. "fter ta$ing deposition, # will just $eep it. !ater on, when my opponent will present this person as witness in trial, # already have copy of his deposition. he witness is then obligated to testify in accordance with his testimony in deposition because otherwise, it would result in conflicting testimonies. ,o # can use the deposition to impeach the testimony of deponent if there is difference. # can destroy the credibility of witness. #n oral e(amination, lawyers of both parties will appear before deposition officer and they will as$ =uestions directly to the witness? the deposition officer acts li$e a judge but he is a judge that cannot rule? during deposition ta$ing, if there are objections, the deposition officer cannot rule on it but will note it and report it to the judge. "fter the deposition is conducted, the deposition officer will immediately instruct the stenographer to transcribe it and after transcript of stenographic notes is done, they will as$ the witness if everything written is correct and if no objection, the deposition officer will now send this transcript and report of entire proceeding to judge where the case is pending. +nce it reaches the court where the case is pending, it will be $ept by the cler$ of court. During the trial of the case, the lawyer of the parties will inform the court of the name of the witness and reason for non8appearance and the fact of deposition ta$ing, re=uest the cler$ of court to reveal records of deposition ta$ing, and offer it up in evidence. Before it will be admitted by the court, you will as$ the court to rule on the objections raised during the deposition ta$ing. R0!' 46 D'%+,# #+& #& %'R%' 0"* R'# *'*+R#"* Depostiion in connection with a future case. #f you are planning to file a case against this person, but you cannot file it now because you lac$ some documents, but then you learned that your material witness is dying, you can as$ for deposition of witness even if there is no case yet. his is called deposition before action or deposition in perpetuam rei memoriam. !eave of court is re=uired. " mere motion is not enough.

#f you want to avail of this $ind of deposition, you are re=uired to file a petition in the court of the place where the prospective adverse party resides. #f you plan to file case against a person residing in Danao City. You want to ta$e deposition in perpetuam rei memoriam, you file a petition in R C of Danao. #t)s always with leave of court. Deposition %ending "ppeal here is case already, there was decision, there was appeal. While the case is pending there, you want to ta$e deposition of certain witness. While case is pending appeal, you have newly8discovered evidence which will change the outcome of the case in your favour, but the witness you will use is about to leave the country or is dying, then you can as$ for deposition ta$ing. Deposition can be done either by oral e(amination or by written interrogatories. R0!' 49 #& 'RR+I" +R#', + %"R #', Refers to the act of sending written =uestions to the adverse party before the start of the trial of the case, or during the trial of the case. #f there are some =uestions that you would want to as$ from the other party, you need not wait for the trial of case to begin, even before start of trial, you can already send written =uestions to your opponent. *ay be done under the same conditions in Rule 45, ,ec 1E With leave of court, if there is yet no answer filed Without leave of court, if there already answer filed #f there is complaint and answer but no trial, either parties may send interrogatories to the other party without leave of court because there is already answer. #f there is no answer yet, leave of court is re=uired. #nterrogatories to %arties under Rule 49 refers to written interrogatories addressed to your opponent, and not to any person. Deposition upon written interrogatories can be addressed to a non8party, to any person whom you intend to utiliLe as a witness. Re=uires that the written interrogatory should be sent to the party himself, not to the lawyer. #f interrogatories to parties is sent to the lawyer and not to the party himself, it is not valid. You have to avail of written interrogatories, otherwise you cannot utiliLe your opponent as a witness for you during the trial of the case. Rationale is if there was something you wanted to as$ in advance of your opponent, why did you not avail of the modes of discovery. R0!' 4: R'N0', K+R "D*#,,#+& You can re=uest from other party for admission of the genuineness and due e(ecution of the document without waiting for the trial to begin. R0!' 43 %R+D0C #+& +R #&,%'C #+& +K " D+C0*'& +R H#&I

You can use this if the evidences of the other party are not very clear, although they were attached to the pleading but they are not clear. You can re=uest the court for the production or inspection of a document or thing. #f defendant mentions in his answer that there are documents that he will present in the course of trial, if you are the plaintiff you will not opt to wait for trial and instead re=uest the court for the production of all the documents mentioned by the defendant. You can as$ that you be allowed to e(amine a thing which is the subject matter of the case. '(. #n a land case, you can as$ for an ocular inspection to be conducted. You can e(amine the land, even before the start of the hearing. R0!' 42 %HY,#C"! +R *'& "! 'A"*#&" #+& +K " W# &',, "llowed only when physical or mental condition of a party is in issue '(. Whether or not the defendant is insane at that particular time, you can as$ for the physical e(amination. You can also as$ the plaintiff to submit himself to physical e(amination by another doctor if you distrust the e(tent of the plaintiff)s injury. ,uppose the person to be e(amined is already dead, rule 42 will not apply since rule 42 applies only to living persons. o e(amine a dead body of a person, you can avail of rule 43, inspection of a document or thing. R0!' 4'KK'C , +R C+&,'N0'&C', +K &+ "H"#!#&I +K *+D', +K D#,C+H'RY he ,C has already made it sort8of mandatory for every lawyer to avail of the different modes of discovery, but despite that many lawyers are not availing of it. '(. Kor not answering the interrogatories to parties, you will be declared as in default. Rule ?> A$$eals fro# the MTC to the RTC * C is also $nown as the f"rst le(el court, which is the lowest court in the hierarchy of courts. * C covers different courts in the first level court <*unicipal rial Court in Cities, *unicipal Circuit rial Court and * C proper. Decisions of the * C are appealable to the R C. "ppeals from the * C to the R C is done only by ordinary appeal. wo $inds of ordinary appealE 1. notice of appeal < allowed only in +RD#&"RY civil actions 2. records on appeal G notice of appeal < re=uired only in ,%'C#"! %R+C''D#&I, or in cases of *0! #%!' "%%'"!, 7 where there are several issues; the period for filing a notice of appeal < only 19 days from notice of the decision? from the moment you receive the decision of the court that is adverse to you the period for filing a record on appeal < only 5. days Which R C will you appeal the case? 'very R C court has a specified or designated terr"tor"al +ur"sd"ct"on, so you appeal in the R C that e(ercises jurisdiction over the * C which rendered judgment in your case.

he R C of Cebu in capitol e(ercises jurisdiction over all the * Cs in Cebu City, alisay, *inglanilla, ,an Kernando upto &aga. Carcar not included *andaue have their own R C. #n fact there are 5 branches there. his R C covers Consolasion and !iloan. Danao have their own R C. Compostella and Danao are included here. !apu8!apu have their own R C. Cordova is included here. Bogo has their own R C and it has a vast jurisdiction < Bogo, ,an Remegio, Daan Bantayan, *edelien> '(amples of special proceedingsE 1. Certiorari 4. %rohibition 5. *andamus 6. Nuo Warranto 9. ,ettlement of estate of a diseased person :. '(propriation 3. %artition *ultiple appeal < refers to the case where you are allowed by the law to ma$e %"R #"! appeals. #t is a case that can be divided into parts. #f the court decides a certain portion of that case, you can immediately appeal the decision of the court insofar as that issue is concerned while letting the remaining issues continue in the lower court. he period is longer in appeal by records on appeal because when you appeal by mere notice of appeal, it is very easy to do. You can do it in several minutes. "ll you have to submit to the court is just a notice that you received the decision, you are not happy with the decision and that you have decided to appeal that decision to the higher appellate court. #t is usually just a sentence or a paragraph which says, that notice is hearby served that the plaintiff received a copy of the decision of the honorable court dated ((, and it is not satisfied with the decision and is appealing that decision to the appellate court. Mater"al data rule < only 4 important dates that you have to mention - date when you received the decision - date when you filed your appeal 8 the date of the decision is immaterial? the period to appeal will only start to run on the date when you received the decision < the not"ce of a$$eal #ust conta"n the #ater"al dates. other%"se. the a$$eal can *e d"s#"ssed When you file a records on appeal, the rules provides for a longer period. You not only have to file the notice of appeal but also the records as well. he records on appeal contains a compilation of all the $lead"n)s. #ot"ons and orders of the court with regard to that particular case and it is presented in chronolo)"cal order for the guidance of the court. %ayment of the doc$et fee or the appeal fee is paid in the C+0R +K +R#I#&, as stated in the new rules. You pay it in the court which rendered the judgment that you are appealing. 7old rule; he rule before was that when you file an appeal, you don)t pay the doc$et fee right away in the court of origin. Before, you just file a notice of appeal and the * C cler$ will complete the records, forward them to the R C and the R C will inform the parties that the records are already there and then the appellants are then re=uired to pay the doc$et fee and file their memorandum. #n the new rules, you have to pay the doc$et fee in the court of origin. Whether it is a notice of appeal or a records of appeal, you have to pay the doc$et fee in the court of origin. You pay the fee within the period to file your appeal.

'ither 19 days or 5. days as the case may be. #t is possible that you will file your notice of appeal even if you still don)t have the money. @ust pay the doc$et fee before the lapse of the period to appeal. #f you do not pay the doc$et fee, your appeal will be a mere scrap of paper. #t will not be accepted by the court. But the usualC normal practice or procedure is that when you file your appeal, you also pay the doc$et fee at the same time in the court of origin. When an appeal is made from the * C to the R C, there will be no changes in the structure of the caption of the case, e(cept the addition of the words appellant and appellee. his is a new innovation introduced by the new rules. You do not anymore change the order. #n one case, the case of ,antos, if the appellant fails to pay the doc$et fee, the ,C said that the payment of the doc$et is not one of the re=uirements of the perfection of an appeal fro# the MTC to the RTC. herefore, even if the appellant fails to pay the doc$et fee when he appeals, it is not a ground for the dismissal of the appeal. ,o the appellant will be re=uired to pay even if beyond the re=uired to pay. he R C can give him a chance to pay. But not the same rules applies in appeals from the R C to the C". When you appeal the decision of the R C to the C", you have to pay the doc$et fee. +therwise, it is one of the grounds for the dismissal of your appeal. Duties of the cler$ of court once the appellant has perfected his appeal to the R CE 7"fter the cler$ of court receives notice of appeal ; 1. to complete the records of the caseC to prepare the entire records of the case for the submission to the R C 7he is given 19 days to complete the records; 4. to forward the records of the case to the R C 3. once received by the R C, the cler$ of court of the R C will send out notices to the appellants and the appellee? it will inform the appellant that the records of the case have been received and that the appellant is re=uired to file his memorandum 7a$$ellant4s #e#orandu#; and a copy to be furnished to the appellee. he appellant is given 19 days from receipt of the order of the R C to file his memorandum and it contain all the arguments why the decision of the * C has to be reversed. #t has to contain all the errors of the * C and has to state the arguments why the decision of the * C is wrong. " copy of the memorandum should be given to the appellee and the appellee is given 19 days from the receipt of the appellant)s memorandum to file his appellee)s memorandum. he appellee)s memorandum will be an answer of the appellant)s memorandum. He will defend the decision of the lower court. #t will state why the decision of the * C is correct. #t could be also that the appellee will disagree with the decision of the * C so the appellee can also attac$ the decision of the * C. ,o both parties will now appeal. he appellee cannot attac$ the decision of the * C in his appellee)s memorandum. "ll he has to do is also appeal. he appellee cannot =uestion the judgment of the * C. Your job as an appellee is to protectC defend the decision of the * C. #f you disagree, you join with the appellant to =uestion the decision of the * C. #t could also be that you disagree with a portion of that judgment so you =uestion and appeal on that portion. !i$e you agree with the decision but you disagree with the amount of damages. ,ubmission of the appellant)s memorandum is mandatory. otherwise, it is a ground for the dismissal of the appeal. While the appellee)s memorandum is just optional. 'ffect if the * C will dismiss the case without trial on the merits li$e if the case is dismissed for technical grounds. !i$e the lac$ of jurisdiction over the case. #f the R C found out that the * C is correct in dismissing the case, that the R C should have entertained the case, and

the appellant appealed the case to the R C, the R C may assume jurisdiction over the case as if the case was originally filed there. his is the new rule. #n the old rule, the R C should dismiss the case because the appeal is wrong. he dismissal of the * C is correct. he appeal will be denied. he remedy will be just to refile the case. he disadvantage is here is you will be paying the doc$et fee again. o save the litigant from paying the doc$et fee twice, instead of dismissing, the R C will just assume jurisdiction over the case as if the case was originally filed there. #f the R C found out that the * C is wrong for dismissing the case, when it has jurisdiction in the first place, the R C will remand the case bac$ to the * C and order the * C to conduct a hearing. Rule ?: A$$eal fro# RTC to CA Decision of R C appealable to C" 8 only final judgments or decisions of R C that finally disposes the case on the merits. #f the order the court does not dispose the case on the merits, that order is just an interlocutory order and that is not appealable. Decisions not appealable < ,ec 1 , Rule 61 Within the period to appeal, you may file a motion for new trial or reconsideration. #f there is an order denying that motion, you cannot appeal that order. Your remedy is to appeal the @0DI*'& on the merits. &ot the order denying your motion. You cannot appeal an interlocutory order. his is an order which gives something still left to be done to the courts. his does not finally dispose the case. '(ample, an order denying a motion to dismiss. here is still something left to be done by the courts. he court will go on with the case. he denial of the motion to dismiss does not finally dispose of the case. +n the contrary, it would mean that the court would want to go on with the case. #f the court grants the motion to dismiss is considered to be final. he remedy of the plaintiff is to appeal. He must appeal because that order is already a final order. #t is an order that finally disposes the case. #f you feel that these interlocutory orders are unfair to you, your remedy is petition for certiorari under rule :9. his is a petition where you =uestion the actuation of the judge because you consider the decision of the judge to be a grave abuse of discretion that amounts to lac$ or in e(cess of jurisdiction. 5 modes of appeal. 1. ordinary appeal < notice of appeal or by records of appeal P notice of appeal 8 e(ercise of the R C of its original jurisdiction 4. petition for review < appeal from the decision of the R C in the e(ercise of its appellate jurisdiction 5. appeal by certiorari < appeal to the ,C? only mode of appeal to the ,C #f you only filed a record on appeal, forgetting the notice of appeal, in one case, the ,C said it is alright. Because notice of appeal is easy to do. #t is already tantamount that you have filed a notice of appeal when you have already filed a record on appeal. he ,C said this is forgivable. But if you forget to file the records on appeal then that is fatal. When you appeal a case to the ,C, whether it comes from R C or C", the only way of appeal is appeal by certiorari under rule 69. what you can raise here is only a pure =uestion of law. Krom the R C, you can appeal directly to the ,C without passing through the C" but only if the issue you raise therein is an issue of law. +nly a pure =uestion of law. !i$e what is the correct interpretation of law involved that case. #f there are =uestions of fact that you include there, this is not allowed. Because this is not a pure =uestion of law but a mi(ed =uestion of law and =uestion of fact. he ,C said they are not triers of fact but are only triers of law. he

=uestions of fact are supposedly only up to the C". though there are e(ceptions to this rule. !i$e when there is an error that is very glaring that the lower courts committed an error in the appreciation of facts. +r that when it deprives the parties of rights that are provided for them under the constitution, then the ,C may pass on an issue of fact. his is discretionary upon the ,C. hey cannot be compelled to rule on the fact. +nly the ,C can entertain a motion for reconsideration. But as shown in the case of the league of cities, it has reached up to a 6th or 9th *R. he period to appeal the decision of the R C to C" is the same as the previous rule. 19 days if only a mere notice of appeal and 5. days if it is a records on appeal P notice of appeal. You are not allowed an e(tension of time to file a notice of appeal. Because this is very easy to do. But you are allowed an e(tension of time to file an appeal by records on appeal. ,o you file your motion for e(tension of time to file an appeal by records on appeal within the 5. day period. Here, you file first a notice of appeal wCin the 5. day period and as$ the court to give you an e(tension of time. &ormally the court will grant you the e(tension. When you file a *R or *otion for &ew trial, the period of appeal shall be interrupted when the motion is filed on time. #t interrupts the running of the period to appeal. #n the case of &eypes, when the *R or *otion new trial is denied, you are given a fresh period of 19 days. &ot just the remaining balance. he purpose for changing this rule is just for the uniformity of the rules. When you file a petition for review, and the losing party files an *R and it is denied, the rule says you have another period of 19 days. it will start to run from the receipt of the judgment from the R C or receipt of the order denying your *R. Here, you also have to pay the doc$et fee. You pay the doc$et fee in the court of origin. &ot in the appellate court. #f you fail to pay the doc$et fee, it is a ground for the dismissal of the appeal. his is mentioned in the rules. &onpayment of the appellate doc$et fee in the * C is not a ground for dismissal. he court allows the payment of the doc$et fee even beyond the appeal period because there is no rule regarding this. But here, nonpayment of the appellate doc$et fee in the R C is a ground for dismissal of the case. When you file a notice of appeal, do not forget to state the material dates. #n cases of records on appeal 7multiple appeals; < you only appeal a part of the case. he case is not done yet. he records are still in * CC R C. You cannot bring the records. o appeal to a higher court, you are re=uired to file a records on appeal meaning you ma$e a compilation of the records that remains in the * CC R C. You ma$e your own records. #t is very thic$. You start with the pleadings that are filed. hen you state the facts of the case. !i$e when there is a complaint filed, you state the complaint. hen the answers. hen the reply. You state what happened during the pretrial conference. #f your records on appeal, e(ceed 4. pages, you are re=uired to ma$e a subject inde(. You may attach a certified true copy of the pleadig filed. You only attach pleadings that are relevant. 7e(clude irrelevant pleadings < li$e motions for postponements due to a stomach ache; here is also such a thing as a joint record on appeal. When is an appeal deemed perfected? #n notice of appeal "s to the appellant 8 from the moment he files a notice of appeal "s to the appellee < from the e(piration of his time to file an appeal #n records of appeal "s to the appellant 8 from the moment the records of appeal are "%%R+H'D "s to the appellee < from the e(piration of his time to file an appeal

even if the appeal has been perfected, the court of origin may still perform certain acts for as long it has not forwarded the records to the appellate court. he court of origin still retains its residual powers. #t can issue an order for the preservation of the rights of the parties, it can also issue an order for e(ecution pending appeal 7discretionary e(ecution;. his is the residual power or residual jurisdiction of the R C. he effect of the perfection of an appeal < it transfers the jurisdiction from the court of origin to the appellate court. #n other words, when you file the notice of appeal and the appeal is perfected and the period to appeal has already e(pired, when the appeal is perfected already as to both parties, at that moment, the R C loses jurisdiction over the case and the jurisdiction is already transferred to the C". Rule 64 "ppeal the decision of the R C to C" by petition for review or by ordinary appeal. +rdinary appeal < when the decision of the R C is in the e(ercise of its original jurisdiction %etition for review < when the decision of the R C in the e(ercise of its appellate jurisdiction his is a mode of appeal from the decision of the R C. he decision of the R C is a decision in the e(ercise of its appellate jurisdiction. How do you file? You file a H'R#K#'D petition for review Herification < li$e an affidavit signed by the petitioner 7one who causes the filing of the petition;, he will state that he is the petitioner, that he caused the preparation of the petition, that he has read the contents of the petition and all the allegations stated therein are true and correct to the best of his $nowledge When a pleading is verified, it must be notariLed by a lawyer. When filed? he petition for review must be filed within 19 days from the R'C'#% of the decision of the R C. When will the period start to run? a. from the date of rece"$t of the decision +R b. from rece"$t of the order denying your motion for new trial or *R 7fresh 19 day rule applies; Can file motion for e(tension of petition for review. Contents of petition for reviewE a. names of the parties < but the judge who renders the decision need not be included? you only implead the judge as a party respondent in a petition for certiorari under rule :9 because you are =uestioning the actuation of the judge? you are accusing the judge of committing grave abuse of discretion amounting to lac$ of or in e(cess of jurisdiction b. concise statement of facts c. statement of the matters involved d. the issues and arguments relied upon in support of your petition e. material dates 7material data rule; a. date when you received the decision that you are =uestioning b. date when you filed your petition f. accompanied by a certified true copy of the decisionC judgment of the court that you are =uestioning a. it must be a duplicate original copy b. or a certified true copy 7not a Aero( copy; +ther re=uirements

a. b. c. d. e.

payment of doc$et fee and other lawful fee plus deposit for costs in the amount of %9.. furnish a copy of your petition to the other party and to the court whose decision you are =uestioning there must be proof of service of the petition comply with the content re=uirements a. concise statement of matters involved, issues, argument relied upon in support of your petition, point out errors committed by the court attachment of certified true copy of decision

'ffect of not complying with re=uirements < ground for dismissal of petition Kiling a petition for review is not a matter of right as to entertaining or granting that petition. #t is discretionary upon the court whether to accept your petition or not. he C" may outrightly dismiss your petition without re=uiring the other party to comment. 5 grounds where C" may outrightly dismiss your petition a. where your petition is patently wCo merit b. when it is prosecuted manifestly to delay the proceeding c. issues raised therein are too unsubstantial to warrant consideration of the court the court may re=uire the other party to file his comment. if the court decides that the other party will ma$e his comment, the comment must be filed within 1. days. no motion to dismiss will be allowed. When the respondent files his comment, he must state whether he accepts or admits the statement of the matters involved as stated in the petition. #f not, he must point out to the court the inconsistencies in the petition filed by the petitioner. "fter the comment is filed by the respondent, the C" will e(amine the petition and the comment and decide whether there is enough evidence to warrant a review. When the C" finds a prima facie evidence that an error has been committed by the lower court, in other words, the C" is convinced that there is basis for the reversal of the decision of the R C, then the C" will issue an order giving due course to the petition. When petition is given due course, you are :.83./ sure that it will be granted. he C" is very strict in accepting in accepting petition for review. hey will closely scrutiniLe your petition. hey are very meticulous. When your petition is given due course, it simply means that there is good reason for the court to review the entire records of your case. here is prima facie evidence that the lower court has committed an error. he C" will order the R C to elevate the records of the case. hen the C" will review the decision of the R C and may re=uire both parties to submit their memoranda. #t is an agreement in writing stating why you should win the case. he C" may re=uire the parties to argue orally. #t is seldom that the C" will let the parties argue orally. 0sually, the C" will decide based on the records. #t case sounds interesting to the minds of the justices of the C" that is the time they will let you argue orally. %etition for review is deemed perfected the moment you file your petition for review "&D pay the doc$et fee and other lawful fees plus the deposit of cost. his is perfected as to the petitioner. "s to the other party, the appeal is perfected after the lapse of the period for him to appeal. 'ffect of the filing of the petition for reviewE +n the e(ecution of the judgment of the R C < the petition %"ll sta/ the e(ecution of judgment e6ce$t when the judgment will fall under the rules of summary procedure. #f the case originating the * C falls under the rules of summary procedure, once the R C decides the case, the decision of the R C in a case falling is immediately e(ecutory unless that decision is restrained by the C" li$e through a R+ or an injunction. Cases that fall under summary procedure a. ejectment cases < forcible entry or unlawful detainer

what are issues that you can raise to the C" through a petition for review? a. =uestion of fact b. pure =uestion of law < ONLB "f under rule ?;? if under rule 61, directly to ,C c. mi(ed =uestion of law and fact Rule ?- petition for review he decision that you are =uestioning are the decisions of the =uasi8judicial bodiesC agency.

Nuasi8judicial bodies < agencies under the e(ecutive branch of the government that e(ercises =uasi judicial functions? they are given the power to adjudicate disputes or settle disputes '(amplesE D"R"B < settle agrarian disputes ! KRB H!0RB Central board of assessment appeals ,ocial ,ecurity Commission !R" Bureau of %atents, rademar$ and echnology ransfer 'RB ! KRB D"R"B H!0RB ,'C are now divested of its =uasi judicial power. Before, it can entertain intra8corporate disputes 7=uarrel wC the corporation and stoc$holders;. his power is now transferred to the R C. &ot the R C in general, but to a special court designated by the ,C as an intra8 corporate dispute court. #n Cebu it is branch 11 handled by @udge Daomilas. "ll cases that involve intra8corporate dispute are not anymore raffled. #t is directly filed in the R C acting as an intra8 corporate dispute court. he C " 7court of ta( appeals; decision is now appealable d"rectl/ to the ,C by way of certiorari under rule 69. he C " is almost in e=ual ran$ with the C". he jurisdiction of C " is very specific. #t refers only to cases emanating from the bureau of customs, the department of finance, B#R T the assessor)s office. C,C is already included in the enumeration of =uasi judicial bodies whose decisions are appealable to the C" by way of petition for review. "dm Circular .68-.3 7sept 4..6; decisions of the R C acting as an intra8corporate dispute court are appealed &+ by way of an ordinary appeal, but by way of a petition for review. he R C is treated as a =uasi judicial body. Nuestions raised under rule 65 is the same as the =uestions raised under rule 64. +ld ruleE Decisions of the &!RC and the ,+!' are appealable directly to the ,C &ew rule E they are not appealable to the C" < ruling of the ,C in ,t. *artin Kuneral Homes < &!RC must follow the hierarchy of courts. hey must pass through the C", through petition for certiorari under Rule :9, then appeal to ,C through rule 69. Decisions of the ombudsman regarding administrative matters have to go through the C" first before going to ,C. 7Kabian vs desierto; Regarding provisions of the investment code of the %hilippines, decisions of the B+# cannot be appealed directly to the ,C. 7lepanto vs ceramic mills;

Decisions which you can directly appeal to the ,C a. C+*'!'C b. Commission on "udit c. R C on pure =uestions of law under rule 61 d. C " Decisions of =uasi judicial body that cannot be appealed to C" < decision in the e(ercise of its administrative functions +nly to decisions of the =uasi judicial body in the e(ercise of its =uasi judicial functions can be appealed to the C". Rule ?? %rocedures in the C" "ppeal by ordinary appeal itle of the case shall remain as is. You just add the word appellant 7the party who appeals; and appellee 7the prevailing party;. '(. %laintiff < appellee vs Defendant 8 appellant Whoever the counsel of record in the court below is or the guardian ad litem in the court below shall be considered by the court of appeals as also the same counsel in the case appealed.. unless there notices made that there is a change of counsel or a change of guardian ad litem. +nce an appeal is perfected, it is the duty of the cler$ of court of the court of origin to immediately prepare the records of the case, complete the records, and transmit the records of the case to the C". +nce the records of the case reach the C", the cler$ of court of the C" will doc$et the case. Doc$et means it will be assigned a doc$et number. +nce it reaches the C" and a doc$et number has been assigned, the cler$ of court must immediately inform the parties that the records of the case are already with the C". %rior to that, the cler$ of court of the R C must to complete the records of the case and wCin 5. days submit the records of the case to the C". if it could not complete the records of the case wCin 5. days, either the parties may file a motion for the immediate transmittal of the records of the case to the C". When the records are already in the C", the cler$ of court will notify the parties. #f the appeal is by R'C+RD, +& "%%'"!, the appellant is given only 1. days within which to submit the "%%R+H'D records on appeal. hese records are approved by the R C. hen the R C will forward all the records of the case to the C". when the records are received by the C", the C" will inform all the parties that the records of the case are already with them 7C"; and the appellants is now re=uired within 1. days only to submit to the C" the "%%R+H'D records on appeal. &o changes in the approved records on appeal are allowed. +therwise, you can be charged with tampering or falsification and that would be a ground for the dismissal of your appeal if you ma$e any alteration or changes wCo permission from the court. hen the case would now be considered submitted. +f course, the C" can re=uire the appellee to file his comment. #f the appeal is by &+ #C' +& "%%'"!, when the records reaches the C", the C" will inform both parties that the records are already with them. "nd the appellant is re=uired to file his appellant)s brief within 69 days from receipt of the order of the court re=uiring him to file his appellant)s brief. You can even as$ for an e(tension for another 69 days or at most -. days to file your appellant)s brief. " total of 159 days can be given to you to file your appellant)s brief.

0nli$e in a petition for review, you only have 19 days to submit your written arguments. You must give 4 copies of your appellant)s brief to the appellee. #f there are several appellees and are represented by different lawyers, then you only give one copy to each lawyer of the appellee. +nce the appellee receives a copy of the appellant)s brief, the appellant is also given 69 days to file his appellee)s brief. "fter the appellee has filed the appellee)s brief, the appellant may file a reply brief wCin 4. days from the receipt of the appellee)s brief. he filing of the appellant)s brief is mandatory. the filing of the appellee)s brief is not. When appellant fails to file the appellant)s brief within the re=uired period of 69 days, that is a ground for the dismissal of the appeal. #f the appellee fails to file the appellee)s brief, that will not affect the right of the appelleeC appellant. he filing of the appellee)s brief is optional. he filing of the reply brief is also optional. here are cases in the C" where appellants and appellee)s brief are not re=uired in special cases such as certiorari, prohibition, mandamus and =uo warranto. 0sually, these are not appealed cases. hese are mostly original actions. ,o instead of a brief, they are re=uired to submit a memorandum in support of their respective contention. Contents of A$$ellant4s *r"ef When you file this, it is li$e you are ma$ing a boo$ or thesis. a. b. c. d. e. f. subject inde( < summary of arguments, citations, authorities assignment of errors < errors committed by the R C wCc you want the C" to review or reverse statement of the case < brief description of the nature of the case? what the case is all about 7e(. Claim for sum of money? claim of damages; statement of facts < narrate the facts of the case issues to be resolved by the court arguments < should be with reference to the assigned errors

Contents of "ppellee)s Brief a. b. c. d. subject inde( counter statement of facts < if you don)t agree with the facts stated by the appellant? but if the appellee agree, just state that you adapt the statement of facts of the appellant arguments < should answer the assignment of errors a. e(ample E answerC refutation of the first assigned errors prayer

if there are inconsistencies or matters which are not brought up by the appellant, the appellee will file the counter statement of facts. he issues that can be raised during appeal #n an ordinary appeal, can be a =uestion of law, =uestion of fact or a mi( of both. +n the =uestion of law, if it is a case tried by the R C as an original action, you go directly to the ,C. But if it tried by the R C in the e(ercise of its appellate jurisdiction, you can appeal it to the C" even if the case involves a pure =uestion of law. 7under R64TR65;

#f there is no assigned error in the appellant)s brief, it is a ground for the dismissal of the appeal. I.R. he C" cannot entertain issues which were not assigned as errors. '(c. a. when the error refers to jurisdiction over the subject matter b. plain and clerical error c. errors that are closely relatedCintertwined to an assigned error #n appealed cases, the general rule is that, factual findings of the court below should always be given great weight and respect by the appellate court. he appellate court should not disturb the factual findings of the lower court unless there are glaring errors committed in the appreciation of facts of the case. he appellate court should avoid disturbing the factual findings of the lower court because the lower court is in a better position to $now the facts of the case. he lower court conducted the hearing and they can observe the deportment of the witnesses. 'specially if they are =uasi judicial bodies. Doctrine of primary jurisdiction < the =uasi judicial bodies $now better? they are e(perts in the field? their decision can be appealed to the C" to determine whether or not they have followed the rules on appreciation of evidence or committed grave abuse of discretion. Rule ?@ A$$eal */ Cert"orar" 4 $inds of certiorari < R69 T R:9 R69 < a mode of appeal? only mode of appeal to ,C < as$ ,C to review the decision of the lower court e(cept in criminal cases where the penalty imposed is life imprisonment, reclusion perpetua or death. here is no more death penalty so there is no more automatic appeal. But in the case of life imprisonment or reclusion perpetua, the decision of the R C may be appealed to the ,C by way of an ordinary appeal. But in other decisions of other courts, if you elevate it to ,C, there is only one way to do it. hat is petition for review by certiorari or appeal by certiorari under rule 69. Decisions that are reviewable by ,C under rule 69 a. decision of C", ,B, C ", C+*'!'C, Commission on "udit, R C in the e(ercise of its original decision where the issue raised is a pure =uestion of law i. C,C < appealable to C" Determination of whether the =uestion is a =uestion of law or a =uestion of fact < belongs to the appellate court 7li$e ,C; Nuestion of law < issue involved is what law is to be applied or how the law applicable to the case should be interpreted or what law is applicable to the facts of the case Nuestion of fact < issue involved is who is telling the truth? if you =uestion the manner of the court in arriving at its conclusion or findings of fact Ienerally, the ,C will not entertain =uestions of fact. '(ceptions E a. in cases of e=uity so the court can arrive at a fair judgment Certiorari under R69 vs Certiorari under R:9 R69 < is a mode of appeal? as$ing the ,C to review the decision of the C" or the lower courts R:9 < not an appeal but an original action? li$e when the court below has committed a great abuse of discretion amounting to lac$ of or in e(cess of jurisdiction? you are as$ing the ,C to e(ercise its supervisory powers 7telling the

court that the lower court is abusing its power; and not to review the decisions of the lower court R69 < issue is a =uestion of law R:9 < issue is whether the judge of the lower court has committed grave abuse of discretion amounting to lac$ or in e(cess of jurisdiction R69 < period to appeal is 19 days R:9 < period to appeal is :. days R69 < no need to file motion for reconsideration R:9 < need to file a motion for reconsideration first R69 < the filing of the petition stays the judgment that you are =uestioning R:9 < petition does not stay the e(ecution of the judgment not unless the appellate court issues a restraining order Rule 69 Here, the certiorari referred to is a mode of appeal his is the only mode of appeal to the ,C. When you appeal your case to the ,C, it is always by way of certiorari under rule 69. here is no other way. You appeal the decision of the ,B, the C ", the C+*'!'C, Commission on "udit, decisions of the R C on pure =uestions of law to the ,C, it is always by certiorari under rule 69. '(cept when it is a decision of the R C in a criminal case. When the decision of the R C is imposing death penalty, the appeal is automatic. he appeal is by way of automatic review. #t means that whether you li$e it or not, the records of the case will be elevated to the ,C automatically. #f it is only a reclusion perpetua or a life imprisonment sentence of the R C, you may appeal the decision of the R C to the ,C by way of an +RD#&"RY "%%'"!. he certiorari under rule 69 is a mode of appeal. Because under rule :9, it is a special civil action. #t is an original action. !i$e for e(ample when the R C committed an error in deciding the case and the aggrieved party feels that the decision 7not on the merits of the case;, the order of the R C which is an interlocutory order constitutes grave abuse of discretion, his remedy is to as$ for a petition for certiorari under rule :9 to the C". When you file a petition for certiorari under rule :9, you are actually as$ing the appellate court to e(ercise its supervisory powers over the lower court. Here you are filing an original action. #t is not an appeal. You are as$ing the C" to e(ercise its power over the R C. he C" will e(amine and review whether the R C judge really committed a grave abuse of discretion amounting to lac$ or in e(cess of jurisdiction. #n rule :9, you always have to file a *R before you file a petition for certiorari. his is to give the judge who committed a grave abuse of discretion a chance to correct his mista$es or error. *otion for reconsideration is not re=uired in rule 69. he period to appeal under rule 69 is only 19 days, just li$e an ordinary appeal. he general period to appeal is always 19 days. @ust li$e * C to R C, R C to C", =uasi judicial bodies to C", C" to ,C 7rule 69; #n the case of certiorari under rule :9, where you claim that the lower court committed grave abuse of discretion, you have :. days to file petition for certiorari. "nother important distinction is that in rule 69, when you file a petition to the ,C, the decision of the C", or the lower court which you are =uestioning cannot be implemented yet. he filing of the petition for certiorari under rule 69 stays the e(ecution of the judgment of the lower court. his is not the case in a petition for certiorari under rule :9 because here, it does not stay the e(ecution of the order of the lower court not unless the appellate court, where you filed the petition for certiorari under rule :9 will issue a temporary restraining order or a preliminary injunction. ,o if no R+ or injunction is ordered, the interlocutory order or judgment of the lower court being =uestioned can be enforced and implemented. R+ or a

When you file a petition for certiorari under rule 69, called appeal by certiorari or petition for review by certiorari, you pay the doc$et fee and other lawful fees plus a deposit of %9.. in the ,0%R'*' C+0R . Your petition for review on certiorari under rule 69 must contain the ff. important informationE 1. full name of the parties 7petitioner and the respondent; without impleading the name of the judge who decided the case in the court below 4. material dates 5. state concisely a statement of the matters involved 6. reasonsC arguments relied upon in support of the petition 9. petition accompanied by a clearly legible duplicate original or a certified true copy of the decision that you are =uestioning :. your petition must contain a certification of non8forum shopping failure of the parties to comply with the contents of the petition or the payment of the doc$et fees, it will be a valid ground to dismiss the petition. " petition for certiorari under rule 69 is not a matter of right but it is a matter of judicial discretion. his means simply that the ,C is not bound to accept your petition. he ,C may outrightly dismiss your petition if the ,C finds that your petition isE 1. patently without merit 4. prosecuted manifestly to delay or 5. the issues raised therein are too unsubstantial to warrant consideration ,o the review of the decision of the lower court is discretionary on the part of the ,C. he ,C will not review the decision of the lower court not unless it is convinced that there is prima facie evidence that there is serious reversible error committed by the lower court or the C", where the decisions may be elevated to the ,C. he actual practice in the ,C is that before your petition for certiorari reaches the justices of the ,C, it must pass through a screening committee. here is a central office in the ,C. the cler$ of court of the ,C, they a screening committee there. hey have a division to chec$ whether the petition has complied with all the re=uirements. hey will loo$ for mista$es. !i$e if they paid the correct amount of filing fee, li$e if the party furnished 4 copies of the petition for certiorari to the other party, li$e how they served the petition to the other party, li$e if the service of the petition was done personally or by registered mail, and if by registered mail, there should be an e(planation why it was done by registered mail and no by personal service. hese are small matters but the ,C is very strict with this. "ll these can be the cause of the dismissal of the petition. +ther grounds for dismissal of the case could also be when there is no certificate of non forum shopping attached to the petition. "nd the one who signed the petition should be the petitioner and &+ his lawyer. #f it is the lawyer who signed the certification, the petition will be denied. here will a minute resolution issued. #t is only one sentence and it dismisses the case not based on merits but on technicalities. #f the petition complies with all the re=uirements, it will go to the justices and they will assign it to a division who will read the petition and will see if there is prima facie evidence of an error that is committed by the lower court. When the ,C finds that there is an error, the ,C will give due course to the petition. Kor the practicing lawyers, it)s already a good sign if the ,C will give and order of due course to the petition. Iiving due course and ordering the elevation of the case to the ,C, there is a sign that there is merit to your petition. When the case is already elevated to the ,C, then the ,C will re=uire the respondent to file his comment to the petition for certiorari. "nd the court may re=uire the petitioner to file a reply to the comment of the respondent. hen the ,C will re=uire them to file their respective memorandum simultaneously. "fter which, the case shall then be submitted for decision. Rule 6: Cases that can be filed directly in the C" as an original actionE

1. 4. 5. 6. 9. :.

certiorari 7Rule :9; prohibition 7rule :9; mandamus 7rule :9; =uo warranto 7rule ::; habeas corpus 7rules on special proceeding; annulment of judgment of the R C 7rule :3;

he parties of cases filed in the C" as an original action are called the petitioner 7one who files the case; and the other party is the respondent. What you file here are petitions 7petitions for certiorari.. etc..; Contents of the petition 1. full name and address of the parties 4. concise statement of the matters involved 5. factual bac$ground of the case 6. grounds relied upon for allowance of the petition 9. if your petition is one of the petitions mentioned in rule :9 7certiorari, mandamus and prohibition; your petition has to contain the material dates 7the date of the decision, judgment or order, the date that you receive the order of decision that you want to appeal and the date you filed the petition; if it is a motion for new trial or motion for reconsideration and it was denied, you state the date it was denied, the date you receive the order of denial. You file 3 copies of your petition to the C". whether it is an appealed case or an original action. #f ,C, you ma$e 12 copies. :. Your petition must have a certification of non forum shopping. hat you have not filed any other action similar to the present case that you filed that is pending in another court.

When will the C" ac=uire jurisdiction over the person of the respondent? #n the R CC * C < the moment the defendant receives the summons? service of summons #n C" < from the moment the respondent receives the "n"t"al act"on of the CA? an order indicating its initial action on the petition. When you file an original action in the C", you are re=uired to furnish a copy of that petition to the respondent. he respondent has already a copy of the petition even before you actually filed the petition in the C". in the C", that petition may be dismissed outrightly by the C". the C" will not issue summons because the respondent already have a copy of the petition. He is already aware. he C" may not entertain your petition even if it is an original action. his is different from the * CC R C because they cannot outrightly dismiss your case when you file a complaint. he C" can outrightly dismiss your petition if it finds that your case is without merit, prosecuted manifestly for delay the case and the issues raised therein are too unsubstantial to warrant consideration. #f the C" finds your petition to be meritorious, then the C" will now re=uire the respondent to file his comment. he respondent shall be given 1. days to file his comment to the petition. The order of the court re3u"r"n) the res$ondent to f"le h"s co##ent "s cons"dered as the "n"t"al act"on of the court . #t is only upon receipt of the resolution of the C" indicating its initial action on the petition that the court ac=uires jurisdiction over the person of the respondent. '(cept when the respondent submits himself to the jurisdiction of the C". li$e when the petitioner files his petition and at the same time, the respondent files his pleadings to the C" as$ing the C" to dismiss the petition. he C" may conduct a hearing of your petition. #t may conduct a hearing itself or it may delegate to the trial court the tas$ of conducting the hearing. #f there are factual issues that need to be clarified by the C", it may conduct its own

hearing. #t is very seldom that the C" will conduct a hearing. &ormally, they will decide based on the pleadings filed. Pet"t"on for the annul#ent of the +ud)#ent of the RTC his can onl/ be filed in the C". this is treated as an or")"nal act"on. You can only file an annulment of the judgment if you could no longer file a motion for new trial or reconsideration, if you can no longer appeal, if you can no longer file a petition for relief from judgment. *eaning you can only file the petition for annulment of judgment only when all these remedies are no longer available to you, HR+0IH &+ K"0! of your own. Because if you could have availed of these and you did not avail these remedies, then that is your fault. his can be availed of only under 4 groundsE 1. e(trinsic fraud < fraud that prevents you from participating in the case? fraud that happens not during trial 4. lac$ of jurisdiction prescription 1. e(trinsic fraud < within 6 years from the discovery of the fraud 4. lac$ of jurisdiction 8 any time before it is barred by estoppel or laches #n filing the petition for the annulment of judgment of the R C, it is incumbent of the petitioner to show that he was not able of the other remedies available 7motion for new trial, motion for reconsideration, etc..; through no fault of his own. R0!' 62 %reliminary conference in the C" < similar to pretrial in the R C - purpose < find a way to settle the case amicably if the parties cannot find a way to settle amicably, the court will try to simplify the issues. he court will determine what are the issues involved, what are the matters which are not controverted by the parties li$e stipulation of facts the rules of pretrial in the case of R C, will also apply in the C". normally, these rules of pretrial in the C" will apply only to +R#I#&"! "C #+&,. *eaning cases that are filed originally in the C". 7cases li$e certiorari, habeas corpus, prohibition, mandamus, =uo warranto and annulment of judgment; if the case is originally filed in the C", there must be a preliminary conference. #n one instance, the ,C said that the preliminary conference can also *e a$$l"ed "n the CA "n the case of ne% tr"al . !i$e when the C" grants a new trial on the ground of newly discovered evidence, the C" may also conduct preliminary conference. he proceedings in the preliminary conference must all be recorded. 'verything agreed upon will be recorded. "nd whatever is stated in the preliminary conference order which is e=uivalent to the pretrial order that will govern the subse=uent proceedings in the C". after the issuance of the pretrial order, the parties are given a chance to ma$e their comments or objections. &o issues that are not included in the pretrial order will be entertained. Rule 6+ral arguments in the C" will seldom happen. #t is not a matter of right to be allowed to argue orally in the C". it is not a matter of right to be heard orally. You can orally argue in the C" if the C" desires to hear you. herefore at the instance of the C" or upon motion of either party, the C" may conduct an oral argument. #f a party is represented by several lawyers, only one is allowed to argue orally. +therwise, there will be charivary in the C". it means a medley of disorder of voices. 7noise pollution; +ral arguments are not a matter of right and its entirely with the discretion of the C". #n the C", a hearing of your argument is not something that you can insist on. Hearing of a motion is not a rule in the C". so when you file a motion in the C", you don)t as$ the C" to set motion for hearing. Because there is no oral

argument in the C" that you can insist on. here is no hearing here. R0!' 9. Dismissal of appeals he C" may outrightly dismiss your appeal or upon motion of the other party. IroundsE 1. Kailure of the R'C+RD on appeal to show on its face that the appeal was ta$en within a period fi(ed by the rules. Review on the modes of appeal Krom the decision of the R C to the C", there are 4 modes of appeal. +rdinary appeal or by petition for review. #n rule 61, in an ordinary appeal, you are appealing the decision of the R C in the e(ercise of its original jurisdiction. When it is in the e(ercise of its original jurisdiction, there are 4 modes of appeal. "ppeal by mere notice of appeal and appeal by records of appeal plus the notice of appeal. #n the first one, the period to appeal is 19 days. #f appeal by records of appeal, the period is 5. days. When you file an appeal by records on appeal, you have to first file a notice of appeal and then wCin the 5. day period, you file a record on appeal. +ne of the important re=uirements is that you have to comply with the material data rule. 7material dates < date when decision is received and the date when you appeal the decision; this is to see that your appeal was filed within the appeal period. When the records on appeal fails to show on its face that it was filed on time, the C" can outrightly dismiss your appeal by records on appeal. he rules in the filing of an appeal by records on appeal is that you must have the R C approve your records on appeal first. But that after the R C approves your records on appeal, the R C will forward the records to the C" and the C" will issue an order re=uiring you to submit the approved records on appeal. ,o meaning after the R C approves your records on appeal, you $eep it. Because you wait for the C" to order you later on to submit the approved records on appeal. "fter you have submitted your notice of appeal and paid the doc$et fee, the C" will then re=uire the appellant to file the appellant)s brief within 69 days. #f it is an appeal by records of appeal, you do not have to file an appellant)s brief because you already have the records of appeal and you have it approved by the R C then the R C will forward the records to the C" and the C" will as$ you to submit the approved records on appeal within 1. days from the receipt of the order of the C".

4. 5. 6. 9.

failure to file the notice of appeal or the record on appeal within the prescribe period failure of the appellant to pay the appeal fee or the doc$et fee a. you file the doc$et fee in the R C unauthoriLed changes or alterations, omissions and additions in your approved records on appeal failure to serve and file the number of re=uired copies of his brief or memorandum within the time provide by the rules a. b. if submit to C" <3 copies if furnish copy to other parties < 4 copies i. but if many defendant < 1 copy each to each defendant

c. :. 3. 2. -.

ii. if several defendant and 1 counsel < 4 copies to the counsel if submit to ,C < 12 copies

failure to ma$e an assignment of errors in the appellant)s brief? or of page reference to the records as re=uired failure of the appellant to ta$e the necessary steps for the correction or the completion of the records within the time limited by the court in the order failure of the appellant to appear at the preliminary conference or to comply with the orders, circulars or directives of the court order or judgment appealed from is not appealable

rollo < means records of the case improper appeal 8 if you appealed and you used the wrong mode of appeal, the rule is that "#$ro$er a$$eal to the CA "s a )round for the d"s#"ssal of /our a$$eal' (ne% rule Withdrawal of appeal < you can withdraw as a matter of right at anytime before the filing of the appellee)s brief. #f after, it will be in discretionary upon the discretion of the court. Rendition of the judgment of the C"

he case is deemed submitted for decision in the C" 1. "ppealed case < same rule a' A$$ellee4s *r"ef b. #f the appellant decides to file a reply to the appellee)s brief within 4. days from the receipt of the appellee)s brief then the re$l/ is the last pleading c. he C" may re=uire the parties to file a #e#orandu# 4. +riginal action < upon the submission of the last pleading re=uired by the C" a. co##ent 7is the last pleading ; b. unless the C" re=uires both parties to submit #e#orandu#, the memorandum is the last pleading comment c. but if the parties did not file memorandum, then the case is deemed submitted upon the e6$"rat"on of the $er"od to file the memorandum

he court will always ma$e an announcement that the case is deemed submitted for decision. "nd that is where you start counting the period wCin which the C" must decide. #f * CC R C < 5 mos Collegiate courts < C " ? C" < 14 mos #f C" < 14mos #f ,C < 46 mos #n the C" there are :- justices? in 45 divisions. 75 justices per division; "ll the cases that are appealed are to be decided by 1 division. "ll the 5 justices must be unanimous in their decision. Kirst, the three of them should discuss the case or deliberate. he ponente will then pen the decision. #f one does not concur, if one will dissent, there will be no decision. he presiding justice of the C" will assign 4 other

justices from other divisions. hey will then deliberate again. &ow, to reach a decision only at least 5 votes are needed. here is no case that the C" is re=uired to decide en banc. he only time the C" will meet en banc is when they will enact rules and procedures to be observed in the C". li$e rules to govern the assignment of cases in the divisions, composition of the different divisions, rotation of justices, etc> all internal matters only. #n appealed cases, the C" will either reverse, revise, affirm, or modify the decision of the lower court "ll decisions 7* C, R C, C", ,C; must state the facts, the findings of facts and the conclusion of law which serves as the basis of the decision. his is true only when it comes to deciding the case on the merits. his rule does not apply in minute resolutions < decision of the case based on technicalities. Decisions of the case wCc dismisses the appeals based on technicalities he appeal to higher court is not a matter of right. #t is a privilege. #f you fail to comply with a re=uirement when you appeal, it could be a ground for an outright dismissal of your appeal. he court can dismiss your case outright for failure to comply with a re=uirement. Harmless error shall not be review strictly by the appellate court. he court will not reverse harmless errors. +nly substantial errors shall be touched upon. #t is possible for the C" to render a judgment in favor of one but not the other defendants. +r in favor of one plaintiff and not to the other plaintiff. he rule is that when there are several defendants and the court decided the case against several defendants, and only one of them appealed. "nd the other defendants did not appeal. #f the appealing defendant will prevail, the general rule is that only the appealing defendant will be benefited by the favorable judgment in the appellate court. he e(ception to the rule is that when the facts of the case and the issues involved are so intertwined or interwoven that the decision in favor of one will necessarily benefit the other. !i$e when their liability or their rights are interwoven. Ieneral ruleE +nly those =uestions or issues that were mentioned in the assignment of errors will be passed upon by the C" '(ceptionsE 1. when it involves jurisdiction 4. when the error is considered a plain or clear error 5. when the error is closely related to an assigned error which has been argued in the appellant)s brief %romulgation of judgment When? #n the criminal case, it is the reading of the decision in open court to the accused #n civil cases, it is the sending of the judgment to the parties 7R C; #t is the submission of the signed decision to the cler$ of court 7C";. +nce the 5 justices have already signed the decision, they will give it to the cler$ of court. he receipt of the cler$ of court of the signed decision is the date of the promulgation of the judgment. +nce the cler$ of court receives the judgment, he will immediately send out copies of his decisions to the parties. He will stamp there the date of promulgation. When the party receives the decision of the C", either party has the right to appeal the decision to the C". only by certiorari under rule 69. You have 19 days to appeal from the receipt of the judgment from the C". #f not appeal is ta$en, the judgment of the C" will become final and e(ecutory and this is also the date of the entry of judgment. he motion for the e(ecution of the judgment will be filed in the court of origin. You can file it in the R C or C". the C" will issue an order to the R C to issue the writ of e(ecution. He will not issue the writ of e(ecution. he R C will

issue the writ of e(ecution. #n the C", once the C" decides the case, a party can file a motion for reconsideration of the decision of the C" within 19 days from the receipt of the decision. his is under rule 94. You can only file 1 motion for reconsideration. You cannot file a 4nd *R. #f your *R is denied, you can go to ,C by way of an appeal by certiorari under rule 69 within 19 days 7fresh 19 day rule; When an *R is filed with the C", the C" has to act on the motion wCin -. days. he effect of the filing of the *R suspends the implementation of the decision of the C". it stays the e(ecution of the C" decision. &ot unless the C" for good reasons would order for the immediate e(ecution of the judgment. Can you file a motion for new trial? Yes. But there is only one ground allowed. #t should only be newly discovered evidence. @ust li$e an *R, you can file the motion of new trial wCin 19 days from the receipt of the judgment. #nternal business of the C" < matter decided by the C" en banc when they will promulgate their internal rules he decisions of the C" will be published. #t shall be published in the official gaLette and also in the 7C"R; court of appeals report. he decision of the ,C will be published in the official gaLette and also in the %hilippine reports. he C"R and the %hilReports are the off"c"al publications of the government which contains the decisions of the court. ,upreme Court here are only two cases which you can file in the ,C. 1. original action before the ,C < petition for mandamus, certiorari, prohibition, =uo warranto and habeas corpus? actions to discipline a member of the bench and the bar? actions involving ambassadors and consuls. in cases of disbarment of lawyers, the ,C will normally delegate the reception of the evidence to the #B%. hen the #B% will ma$e recommendations. he ,C will ma$e the decision. &ot the #B% 4. appealed cases to the ,C

here is only 1 mode of appeal to the ,C. #n civil cases, it is only certiorari by way of rule 69. in criminal cases you can ma$e an appeal by way of an ordinary appeal if the judgment of by reclusion perpetua or life imprisonment. #f death penalty there is automatic review. Disposition of improper appeal < discretionary on the supreme court he ,C decides the cases en banc and in division. #n division of 5,9,3.. usually the ,C decides in divisions of 9. that why usually there are 5 divisions in the ,C Chief justice belongs to the U1st division. When decide the case by division, majority rules. he ,C decides cases en banc li$e it involves the constitutionality of a law, treaty, and e(ecutive agreement? involving ambassadors, prime ministers, consuls> when the ,C decides or lays down a doctrine, the doctrinal rule cannot be overruled by a division. #t has to be by en banc. #f the division cannot decide the case, if they cannot reach the re=uired majority, the case will be decided en banc. #f the ,C decides the case en banc and they are e=ually divided, there will be another deliberation. #f in the second

deliberation there is a tie again, and if the case is an appealed case from the C", it means that the decision of the C" is affirmed. #f it is an original action filed in the ,C, it means that your original action is denied or dismissed. #f it is a motion filed to the ,C then it means that your motion or petition is denied. #n the ,C there are 19 justices.