Professional Documents
Culture Documents
10
MEMORY AID
IN
REMEDIAL LAW
CIVIL PROCEDURE
MEMORY AID
RULE 1
IN
REMEDIAL LAW
CLASSIFICATION OF ACTIONS.
GENERAL PROVISIONS
(A)
ORDINARY CIVIL
ACTION
SPECIAL CIVIL
ACTION
Governed by ordinary
rules
Also governed by
ordinary rules but
SUBJECT to specific
rules prescribed (Rules
62 to 71).
Under the 1987 Constitution, the rulemaking power of the Supreme Court has
the following limitations:
1. shall provide a simplified and
inexpensive procedure for the
speedy disposition of cases;
2. Uniform for all courts of the
same grade, and
3. Shall not diminish, increase or
modify substantive rights (Art.
VIII Sec. 5[5]).
Formal demand of
Special features not
ones legal rights in a found in ordinary civil
court of justice in the
actions
manner prescribed by
the court or by the
law
ACTION
CLAIM
(B)
An ordinary suit in a
court of justice
A right possessed by
one against another
ACTION IN
REM
ACTION IN
PERSONAM
ACTION
QUASI IN
REM
Directed
against the
thing itself
Directed
against
particular
persons
Directed
against
particular
persons
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Judgment is Judgment is
Judgment
binding on the binding only binding upon
whole world upon parties
particular
impleaded or persons, but
their
the real motive
successors in is to deal with
interest
real property
or to subject
said property
to certain
claims.
Ex. Land
Ex. action to Ex. Unlawful
registration
recover
detainer or
case; probate
damages;
forcible entry;
proceedings
action for
judicial
for allowance
breach of
foreclosure of
of a will.
contract
mortgage.
The
distinction
determining the
judgment.
is
important
in
EFFECT of the
IN
(D)
LOCAL ACTION
TRANSITORY
ACTION
Must be brought in a
particular place, in
the absence of an
agreement to the
contrary
Generally, must be
brought where the
party resides
regardless of where
the cause of action
arose
(C)
REAL
ACTION
PERSONAL
ACTION
MIXED
ACTION
Founded on
privity of
estate
Founded on privity
of contract
ex. Accion
Ex. Action for a sum
reinvidicatoria
of money
Founded on
both
ex. Accion
publiciana
with a claim
for damages
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
complaint or the appropriate initiatory
pleading but also the payment of the
prescribed docket fee that vests a trial
court with jurisdiction over the subject
matter or nature of the action.
The court may allow the payment of the
deficient docket fee within a reasonable
period but not beyond the applicable
prescriptive or reglementary period.
IN
REMEDIAL LAW
RULE 2
CAUSE OF ACTION
Section 2. Cause of Action, defined.
Essential elements of cause of action
1. Existence of a legal right of the
plaintiff;
2. Correlative legal duty of the
defendant to respect ones right;
3. Act or omission of the defendant
in violation of the plaintiffs
legal right; and
4. Compliance with a condition
precedent.
CAUSE OF ACTION
RIGHT OF ACTION
Section 6. Construction.
occurrence of the
alleged facts
Determined by facts
as alleged in the
complaint and not the
prayer therein
determined by
substantive law
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
RELIEF
REMEDY
SUBJECT
MATTER
the redress,
the
the thing,
protection,
procedure or wrongful act,
award or
type of
contract or
coercive
action which
property
measure which
may be
which is
IN
REMEDIAL LAW
the plaintiff
prays the court
to render in his
favor as a
consequence of
the delict
committed by
the defendant
availed of by
directly
the plaintiff involved in the
as the means
action,
to obtain the concerning
desired
which the
relief
wrong has
been done and
with respect
to which the
controversy
has arisen.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Par. (a): The joinder of causes of action
may involve the same or different
parties. If the joinder involved different
parties, it must comply with Sec. 6 Rule
3, thus, there must be a question of fact
or law common to both parties joined
arising out of the same or series of
transactions.
IN
PROHIBITED. Causes
multiplicity of suits
and double vexation
on the part of the
defendant
REMEDIAL LAW
ENCOURAGED.
Minimizes multiplicity
of suits and
inconvenience on the
parties
RULE 3
be
parties;
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
DEFENDANTS:
IN
REMEDIAL LAW
OF
PARTIES
IN
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Section 5.
persons.
Minor
or
6.
Permissive
REMEDIAL LAW
incompetent
Section
parties.
IN
joinder
of
INDISPENSABLE
PARTIES
NECESSARY
PARTIES
No valid judgment if
indispensable party is
not joined
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
SOLIDARY
DEBTORS either is
indispensable and the other is not even a
necessary party because complete relief
may be obtained from either.
IN
REMEDIAL LAW
REQUISITES
OF
/REPRESENTATIVE SUIT.
CLASS
1. subject
matter
of
the
controversy is one of common or
general
interest
to
many
persons;
2. parties affected are so numerous
that it is impracticable to bring
them all before the court;
3. parties bringing the class suit are
sufficiently
numerous
or
representative of the class and
can fully protect the interests of
all concerned.
Class Suit
Permissive Joinder
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
of Parties
Requisites:
1. there is a defendant
2. his identity or name is unknown
3. fictitious name may be used
because
of
ignorance
of
defendants true name and said
ignorance is alleged in the
complaint
4. identifying description may be
used: sued as unknown owner,
heir,
devisee,
or
other
designation
5. amendment to the pleading
when identity or true name is
discovered
6. defendant is the
being sued, not
additional defendant
defendant
a mere
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
C. Supervening Incompetence
incapacity of a party (Sec. 18)
D.
or
on
contractual
Requisites:
The action may be maintained by and
against his successor.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
liability for which had been
assumed by or is imputable to
him.
REMEDIAL LAW
VENUE
JURISDICTION
May be waived
Procedural
Substantive
IN
RULE 4
VENUE OF ACTIONS
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
RULES
1. NON-RESIDENT FOUND IN THE
PHIL.
a. for personal actions
where
the
plaintiff
resides; and
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
Filing of verified
for
If plaintiff fails
to appear
in prelim conference,
complaint
be dismissed. Defenda
Answer
to counterclaim
and crossclaim
w/in 10may
days
10. Reply
11. Third party complaints
Preliminary conference w/in 30 days after last answer is filed
12. Interventions
The Court should not dismiss the
complaint or counterclaim if they are
not verified. The requirement is merely
a formal one, and not jurisdictional. It
should therefore simply direct the party
concerned to have it verified.
W/in prohibited
10 days from receipt
of order, submission
the parties
pleading,
its filingbyafter
theof affidavits and position papers
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
repudiated
thereto.
REMEDIAL LAW
by
the
parties
2.
that
no
conciliation
or
settlement has been reached OR
unless the settlement has been
CASES
NOT
COVERED
BY
THE
KATARUNGANG PAMBARANGAY LAW:
is
no
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
7. Such other classes of disputes
which
the
President
may
determine in the interest of
justice.
4.
IN
REMEDIAL LAW
The
settlement
and
arbitration
agreement may be repudiated on the
ground that consent is vitiated by fraud,
violence,
or
intimidation.
Such
repudiation shall be sufficient basis for
the issuance of the certification for filing
a complaint in court or any government
office for adjudication.
RULES
ON
VENUE
UNDER
THE
KATARUNGANG PAMBARANGAY LAW
2.
3.
4. Disputes
arising
at
the
WORKPLACE
where
the
contending parties are employed
or at the INSTITUTION where
such parties are enrolled for
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
in a case already filed
in court
RULE 6
KINDS OF PLEADINGS
Section 3. Complaint.
COMPLAINT is a concise statement of
the ultimate facts constituting the
plaintiffs cause or causes of action, with
PLEADING
MOTION
May be initiatory
Cannot be initiatory as
they are always made
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Section 4. Answer
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Arbitration Hearings
Mediation (hearing)
Settlement
Pangkat convenes not later than 3 days from its constitution and summons the parties
Pangkat must arrive at a settlement w/in 15 days from the day it convenes
Conciliation (hearing)
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
COMPULSORY
COUNTERCLAIM
PERMISSIVE
COUNTERCLAIM
Need not be
answered; no default.
Must be answered,
otherwise, the
defendant can be
declared in default.
GENERAL
RULE:
A
compulsory
counterclaim not set up in the answer is
deemed barred.
EXCEPTION: If it is an after-acquired
counterclaim, that is, such claim
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
matured after filing of the answer. In
this case, it may be pleaded by filing an
amended answer or a supplemental
answer or pleading.
Section 8. Cross-claim
CROSS-CLAIM any claim by one party
against a co-party arising out of the
transaction or occurrence that is the
subject matter either of the original
action or counterclaim.
2.
cross-claim
REMEDIAL LAW
is
IN
3rd-party
Complaint
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
THIRD
(FOURTH,ETC.)
PARTY
COMPLAINT a claim that a defending
party may, with leave of court, file
against a person not a party to the
action for contribution, indemnity,
subrogation or any other relief, in
respect of his opponents claim.
THIRD-PARTY
COMPLAINT
COMPLAINT IN
INTERVENTION
Same
IN
REMEDIAL LAW
RULE 7
PARTS OF A PLEADING
3. Whether
the
third-party
defendant may assert any
defenses which the third-party
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
complaints
or
Section 4. Verification.
Certificate of non-forum shopping is not
required in a compulsory counterclaim
(UST Hosp. vs. Surla).
Pleadings need NOT be verified EXCEPT
when otherwise provided by the law or
rules.
EFFECT OF FAILURE TO COMPLY:
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
3. Judgments of domestic or
foreign courts, tribunals, boards,
or officers (no need to show
jurisdiction)
4. Official document or act
AVERRED
1.
2.
Capacity
Section 4. Capacity.
BE
Capacity
is
challenged
by
specific denial, motion to dismiss or bill
of particulars.
FACTS
THAT
GENERALLY:
MAY
BE
AVERRED
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
2. By setting forth said document
verbatim in the pleading.
IN
REMEDIAL LAW
1. Mistake;
2. fraud;
3. compromise;
b.
2.
4. payment;
5. prescription;
6. want
or
illegality
consideration; or
of
7. estoppel
BUT the
waived:
following
defenses
are
GENUINENESS
That the document is not spurious,
counterfeit, or of different import on its
face from the one executed by the party,
or that the party whose signature it
bears has signed it and that at the time
it was signed it was in words and figures
exactly as set out in the pleadings.
1.
3. By an allegation of lack of
knowledge
or
information
sufficient to form a belief as to
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
the truth of the averment in the
opposing partys pleading (must
be made in good faith).
GENERAL
RULE:
Allegations
NOT
specifically denied deemed admitted
(such as allegations of usury in the
complaint, and the authenticity and due
execution of actionable documents).
EXCEPTIONS:
1. Allegations as to the amount of
unliquidated damages
2. Immaterial allegations;
IN
REMEDIAL LAW
The
presence
of
these
grounds
authorizes the court to motu proprio
dismiss the claims. These grounds must,
however, appear from the pleadings or
the evidence on record.
Section 3.
RULE 9
EFFECT OF FAILURE
TO PLEAD
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
ORDER OF DEFAULT
JUDGMENT BY
DEFAULT
Interlocutory - not
appealable
Final appealable
IN
REMEDIAL LAW
declare
CAUSES OF DEFAULT
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
DEFAULT
After the lapse of time to file an answer, the plaintiff may move to declare the defendant in default
Motion denied:
Defendant allowed to file an answer
Defendant
answers
Motion granted: Court issues order of default and renders judgment, or require plaintiff to submit evidence ex parte.
PARTIAL
DEFAULT:
1. The pleading asserting a claim
states a common cause of action
against several defending parties
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Motion for new trial or reconsideration at any time after service of judgment by default and within 15 (30) days therefrom
EXTENT OF RELIEF TO
BE AWARDED IN A
JUDGMENT
BY
DEFAULT:
Shall not exceed the
amount
OR
be
different in kind from
that prayed for NOR
award
unliquidated
damages.
Perfect appeal from said judgment by default within the balance of said
15 (30) - day period
RULE
10
Failure to appeal without defendants faulk
AMENDED AND
SUPPLEMENTAL
PLEADINGS
Petition for relief from judgment within 60 days from notice of the judgment but within 6 months from entry thereof
AMENDMENTS
Annulment of Judgment under Rule 47
Section
Amendments
general.
1.
in
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
1. If the complaint merely corrects
or
modifies
the
original
complaint, then the action is
deemed commenced upon the
filing of the original complaint;
2. If the amended
alleges a new cause
then that cause of
deemed commenced
filing
of
the
complaint.
complaint
of action,
action is
upon the
amended
IN
4. Amendment
delay.
REMEDIAL LAW
for
purposes
of
SUPPLEMENTAL PLEADINGS
A cause of action which accrued after
the filing of the original complaint may,
in the discretion of the court, be
pleaded in a supplemental complaint if
there was a valid subsisting cause of
action at the time the original complaint
was filed.
AMENDED
PLEADING
SUPPLEMENTAL
PLEADING
Refers to facts
existing at the time
of the
commencement of
the action.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
RULE 11
Take the place of the Taken together with
original pleading.
the original pleading.
An
amendment
which
merely
supplements
and
amplifies
facts
originally alleged in the complaint
relates back to the date of the
commencement of the action and is not
barred by the statute of limitations
which expired after service of the
original complaint.
EFFECT OF AMENDED PLEADING:
1. Admissions in the superseded
pleading can still be received in
evidence against the pleader;
2. Claims or defenses alleged
therein but not incorporated or
reiterated in the amended
pleading are deemed waived.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Section 3.
complaint.
Answer
to
IN
REMEDIAL LAW
amended
RULE 12
BILL OF PARTICULARS
EFFECTS OF MOTION
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
1. If the motion is granted, the
movant can wait until the bill of
particulars is served on him by
the opposing party and then he
will have the balance of the
reglementary
period
within
which to file his responsive
pleading.
2. If his motion is denied, he will
still have such balance of the
reglementary period to do so,
counted from service of the
order denying his motion. In
either case, he will have at least
5 days to file his responsive
pleading.
Effect of non-compliance:
1. If the Order is not obeyed or in
case of insufficient compliance
therewith, the court:
a. may order the striking
out of the pleading or
the portion thereof to
which the order is
directed; or
b. make such order as it
may deem just.
2. If plaintiff, his compliant will be
stricken off and dismissed (Rule
12, sec. 4; Rule 17, sec. 3)
3. If defendant, his answer will be
stricken off and his counterclaim
dismissed, and he will be
declared in default upon motion
of the plaintiff (Rule 12, sec. 4;
Rule 17, sec. 4; Rule 9, sec. 3).
RULE 13
IN
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
3. By publication, if party is
summoned by publication and
has failed to appear in the
action.
MODES OF SERVICE
PLEADINGS
1. PERSONAL SERVICE
a. Delivering personally a copy to
the party or his counsel or;
b. Leaving a copy in counsels
office with his clerk or with a
person having charge thereof or;
c. Leaving the copy between 8 a.m.
and 6 p.m. at the partys or
counsels residence, if known,
with a person of sufficient age
and discretion residing therein--if no person found in his office,
or if his office is unknown, or if
he has no office.
2. SERVICE BY MAIL
If no registry service is available in the
locality, of either sender or addressee,
service may be done by ordinary mail.
3. SUBSTITUTED SERVICE
Delivering the copy to the clerk of court
with proof of failure of both personal
and service by mail.
JUDGMENTS,
FINAL
RESOLUTIONS (Sec.9)
ORDERS,
1. Personal service
a.
b.
c.
1. By personal service; or
2. By registered mail;
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
b. After 5 days from the date he
received the 1st notice of the
postmaster, whichever date is
earlier.
IN
REMEDIAL LAW
a. Affidavit, and
b. Registry receipt issued by the
mailing office.
RULE 14
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
SUMMONS
IN
REMEDIAL LAW
1. Sheriff
2. Sheriffs deputy, or
PURPOSE OF SUMMONS:
1. to acquire jurisdiction over the
person of the defendant, and;
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
In case of minors: by
serving upon the minor,
regardless of age, AND
upon his legal guardian,
or also upon either of his
parents.
In case of incompetents:
by serving on him
personally AND upon his
legal guardian, but not
upon his parents, unless
when they are his legal
guardians
Service upon
foreign private
juridical entity
Service upon
public
corporations
Extraterritorial
service
Service upon
domestic private
juridical entity
ENTITY
To the president,
managing partner, general
manager, corporate
secretary, treasurer, or inhouse counsel.
NOTE: Service upon a
person other than those
mentioned is invalid and
Service upon
prisoner
REMEDIAL LAW
Service upon
minors and
incompetents
IN
Requisites
a.
defendant does
not reside or is
not found within
the Phil.
b.
he action either:
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
interest;
demands a relief
which consists
wholly or in part in
excluding the
defendant from
any interest in any
property within
the Phil; or
property of
defendant has
been attached in
the Phil.
Mode of service
a.
b.
c.
Service upon a
resident
temporarily out of
the Phil.
Substituted service or
with leave of court,
personal service out of
the Phil. as under
extraterritorial service
Service upon an
unknown
defendant or
whose
whereabouts are
unknown
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Any form of appearance in court, by the
defendant, by his agent authorized to do
so, or by attorney, is equivalent to
service of summons EXCEPT where such
appearance is precisely to object to the
jurisdiction of the court over the person
of the defendant.
IN
REMEDIAL LAW
RULE 15
MOTIONS
on
KINDS OF MOTIONS
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
4. Motions for summary judgment
which must be served at least 10
days before its hearing
5. Non-litigated motions.
IN
REMEDIAL LAW
MOTION TO DISMISS
to
all
parties
5. Litis pendentia
6. Res judicata
7. Prescription
8. States no cause of action
RULE 16
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Grounded on
preliminary
objections.
based on insufficiency
of evidence.
IN
REMEDIAL LAW
EXCEPT:
may be filed by any
May be filed only by
defending party
the defendant against
against whom a claim the complaint of the
is asserted in the
plaintiff.
action.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
5. Involving
matter
the
same
subject
Non-compliance
with
P.D.
1508
(Katarungang Pambarangay Law) may
result to dismissal of the case on the
ground of non-compliance with a
condition precedent.
IN
REMEDIAL LAW
EFFECTS OF
ACTION ON MTD
REMEDY
Certiorari and
prohibition if there is
grave abuse of
discretion amounting
to lack or excess of
jurisdiction under
Rule 65
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
pleading challenged by the motion, in
which case, the balance of the period to
answer runs from his receipt of the
amended pleading.
IN
REMEDIAL LAW
RULE 17
DISMISSAL OF ACTIONS
2. Prescription;
EXCEPT:
or demand;
Statute of Frauds.
Section 6. Pleading
affirmative defenses.
grounds
as
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
dismissal shall
complaint.
be
limited
to
the
-OR-
IN
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
SECTION 2
SECTION 3
Dismissal is at the
instance of the
plaintiff;
Dismissal is not
procured by plaintiff
though justified by
causes imputable to
him;
RULE 18
is
shown
Dismissal is without
Dismissal is without
prejudice to the right prejudice to the right
of the defendant to
of the defendant to
prosecute his
prosecute his
counterclaim in a
counterclaim on the
separate action unless
same or separate
w/in 15 days from
action.
notice of the motion
he manifests his
intention to have his
counterclaim resolved
in the same action
cause
Enter into
settlement
an
amicable
PRE-TRIAL
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
EFFECT OF
PLAINTIFF:
NON-APPEARANCE
OF
EFFECT OF
DEFENDANT:
NON-APPEARANCE
OF
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
PRE-TRIAL
No Settlement
Amicable Settlement
Failure to Appear
If plaintiff is
If defendant
Absent, when so required toisattend,
absent,the
court
court
may
may
hear
dismiss
evidence
the of
caseplaintiff ex parte
TRIAL
If evidence is insufficient to prove plaintiffs cause of action or defendants counterclaim, court rules in favor of either one or
Court renders decision
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
An ancillary action.
REMEDIAL LAW
An original action.
Defendants are
Defendants are being
already original
sued precisely to
parties to the pending
implead them
suit
INTERVENTION
INTERPLEADER
of
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
THE
DENIAL
OF
1. APPEAL
2. MANDAMUS if there is grave
abuse of discretion
If there is improper granting of
intervention, the remedy of the party is
certiorari.
RULE 21
SUBPOENA
SUBPOENA
SUMMONS
Order to answer
complaint
may be served to a
non-party
Served on the
defendant
needs tender of
kilometrage,
attendance fee and
reasonable cost of
production fee
SUBPOENA AD TESTIFICANDUM a
process directed to a person requiring
him to attend and to testify at the
hearing or the trial of an action, or at
any
investigation
conducted
by
competent authority, or for the taking of
his deposition.
1.
It
is
unreasonable
oppressive;
and
2.
3.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
RULES OF DISCOVERY
B. Subpoena AD TESTIFICANDUM may be
quashed if the witness is not bound
thereby.
GENERAL RULE
a. The court which issued the
subpoena may issue a warrant
for the arrest of the witness and
make him pay the cost of such
warrant and seizure, if the court
should determine that his
disobedience was willful and
without just cause (Sec. 8);
or
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Modes of Discovery are intended to be
CUMULATIVE, and not alternative nor
mutually exclusive.
IN
REMEDIAL LAW
WHEN TAKEN
WITH LEAVE OF COURT
RULE 23
CLASSIFICATIONS OF DEPOSITIONS
1.
Depositions
on
ORAL
EXAMINATION and Depositions
upon WRITTEN INTERROGATORIES
2.
3.
DEPONENT
USE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Any person
Witness, whether or
not a party
IN
REMEDIAL LAW
1. judge
2. notary public
3. any
person
authorized
to
administer oaths, as stipulated
by the parties in writing
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
3. any
person
authorized
to
administer oaths, as stipulated
by the parties in writing
Section 12.
rogatory.
Commission
or
letters
IN
REMEDIAL LAW
a. bad faith
b. in such manner as
unreasonably to annoy,
embarrass, or oppress
the deponent or party
RULE 24
COMMISSION
LETTERS ROGATORY
Applicable rules of
procedure are those
of the requesting
court
Applicable rules of
procedure are those of
the foreign court
requested to act
Resorted to if
permission of the
foreign country is
given
Resorted to if the
execution of the
commission is refused
in the foreign country
Leave of court is
necessary
MAY BE FILED:
1. any time during the taking of the
deposition
2. on motion or petition of any
party or of the deponent; or
3. upon
showing
that
the
examination is conducted in :
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
and DURING THE PENDENCY OF AN
APPEAL.
IN
REMEDIAL LAW
RULE 25
INTERROGATORIES TO PARTIES
Interrogatories
Bill of Particulars
A
party
may
interrogatories:
serve
written
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
2. give a
appeal.
deposition
IN
REMEDIAL LAW
pending
Section 1. Request for admission.
As to Deponent
As to Deponent
Party or ordinary
witness
party only
As to Procedure
As to Procedure
With intervention of
no intervention.
the officer authorized
Written
by the Court to take
interrogatories are
deposition
directed to the party
himself
As to Scope
As to Scope
Direct, cross,
redirect, re-cross
Interrogatories
no fixed time
15 days to answer
unless extended or
reduced by the court
RULE 26
ADMISSION BY ADVERSE PARTY
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
must be filed and served upon the party
requesting the admission.
IN
Essentially a mode of
discovery
REMEDIAL LAW
means of compelling
production of
evidence
RULE 28
PHYSICAL AND MENTAL EXAMINATION
OF PERSONS
RULE 27
PRODUCTION OR INSPECTION OF
DOCUMENTS OR THINGS
SUBPOENA DUCES
TECUM
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
1. he has to furnish the other party
a copy of the report of any
previous
or
subsequent
examination
of
the
same
physical and mental condition,
AND
2. he waives any privilege he may
have in that action or any other
involving the same controversy
regarding the testimony of any
other person who has so
examined him or may thereafter
examine him.
RULE 29
REFUSAL TO COMPLY WITH MODES OF
DISCOVERY
SANCTIONS
1. Contempt;
2. Payment of reasonable fees;
3. The matters regarding which the
questions were asked, character
or description of land et al., be
taken to be in accordance with
the claim of party obtaining the
order;
4. Prohibition on the refusing party
to produce evidence or support
or oppose designated claims or
defenses;
5. Striking out pleadings, order the
dismissal of the action or stay
the action until compliance or to
render judgment by default.
6. Order the arrest of the refusing
party except in cases of physical
or mental examination.
IN
REMEDIAL LAW
TRIAL
RULE 30
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Section 5. Order of
directed by the court.
trial
unless
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
2. If it appears that one of the
parties,
before
the
commencement of the action or
proceeding, offered to discuss a
possible compromise but the
other party refused the offer.
GENERAL
RULE:
Consolidation
discretionary upon the court
REMEDIAL LAW
is
IN
RULE 32
TRIAL BY COMMISSIONER
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
COMMISSIONER- a person to whom a
cause pending in court is referred, for
him to take testimony, hear the parties
and report thereon to the court, and
upon whose report, if confirmed,
judgment is rendered.
IN
2 Scenarios
MOTION DENIED
RULE 33
DEMURRER TO EVIDENCE
REMEDIAL LAW
MOTION GRANTED
BUT REVERSED ON
APPEAL
denial is
INTERLOCUTORY. Sec. 1
, Rule 36 (that
judgment should state
clearly and distinctly
the facts and the law
on which it is based),
will not apply.
DEMURRER TO
EVIDENCE
MOTION TO DISMISS
It is presented after
the plaintiff has
rested his case
presented before a
responsive pleading
(answer) is made by
the defendant
CIVIL CASES
CRIMINAL CASES
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
plaintiff. If plaintiff
Judgment of
appeals and judgment
acquittal is not
is reversed by the
appeallable; double
appellate court, it will
jeopardy sets-in
decide the case on the
basis of the plaintiffs
evidence with the
consequence that the
defendant already loses
his right to present
evidence no res
judicata in dismissal
due to demurrer
if court denies
demurrer, defendant
will present his
evidence
REMEDIAL LAW
GROUNDS:
1. Answer fails to tender an issue
because of:
a. general denial of the
material allegations of
the complaint;
b. insufficient denial of the
material allegations of
the complaint ; or
2. Answer
admits
material
allegations of the adverse partys
pleading
IN
Motion to Dismiss
RULE 34
of
Motion for
judgment on the
pleadings
Filed
by
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
defendant
to
a Filed
by
the
complaint,
plaintiff
if
the
counterclaim, cross- answer raises no
claim or 3rd-party issue.
complaint
IN
REMEDIAL LAW
RULE 35
SUMMARY JUDGMENTS
SUMMARY JUDGMENT
One granted by the court for the prompt
disposition of civil actions wherein it
clearly appears that there exists NO
genuine issue or controversy as to any
material fact.
Who can File
1. Plaintiff: he must wait for the
answer to be filed and served, and
thus for the issue to be joined,
before he can move for summary
judgment.
2. Defendant: he can move for
summary judgment at anytime, that
is, anytime after filing and service of
the complaint even before he
answers
SUMMARY
JUDGMENT
JUDGMENT JUDGMENT
ON THE
BY DEFAULT
PLEADINGS
(Rule 9)
based on the
complaint and
evidence, if
presentation
is required.
Available to
generally
Available to
both plaintiff available only
plaintiff.
and defendant to the plaintiff,
unless the
defendant
presents a
counterclaim.
There is
May
be On the merits
interlocutory
or
on
the
On the merits
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
merits
JUDICIAL COMPROMISE
RULE 36
JUDGMENTS, FINAL ORDERS AND ENTRY
THEREOF
REQUISITES OF A JUDGMENT:
A judgment based on a
compromise which has the force
of law and is conclusive between
parties.
Not appealable.
EXCEPT:
1. To make corrections of
clerical
errors,
not
substantial amendments, as
by an amendment nunc pro
tunc.
2. To clarify an ambiguity which
is borne out by and
justifiable in the context of
the decision.
3. In judgments for support,
which
can
always
be
amended from time to time.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
PROMULGATION OF JUDGMENT
MANNER
ATTACKING
JUDGMENTS:
OF
Losing Party
1. Direct attack
Accepts decision without further
contest
Within
15/30 days from notice of judgment:
Motion for reconsideration; or
motion for new trial
a. before finality
1. motion for
new trial or
2.Collateral attack
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
A several judgment is NOT proper in
actions against solidary debtors.
Judgment
upon
Compromise
Agreement
or
Judgment by Confession
IN
REMEDIAL LAW
Judgment upon
Compromise
Judgment by
Confession
Clarificatory Judgment
rendered by the court, upon motion,
when a judgment previously rendered is
ambiguous and difficult to comply with.
AMENDED OR
CLARIFIED
SUPPLEMENTAL
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
JUDGMENT
DECISION
It is an entirely new
decision and
supersedes the
original judgment
Court makes a
thorough study of the
original judgment and
renders the amended
and clarified
judgment only after
considering all the
factual and legal
issues
Serves to bolster or
add to the original
judgment
RULE 37
IN
REMEDIAL LAW
Second motion for new trial based on grounds not existing or available when 1st motion was filed
MOTION FOR
RECONSIDERATION
The grounds
are: fraud, The grounds are: the
peal from the judgment or final order and assign as one of the errors the denial of the motion
for new trial
accident, mistake or
damages awarded are
excusable negligence or excessive, that the
newly discovered
evidence is insufficient
evidence which could to justify the decision
not, with reasonable
or final order, or that
diligence, have
the decision or final
discovered and
order is contrary to
produced at the trial,
law.
and which if presented
would probably alter the
result
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
allowed
same party is
prohibited
IN
REMEDIAL LAW
for
NEWLY-DISCOVERED
Specifically
mentioned in the
Rules
called
NOTE: It is actually
mentioned in the Rules
of Criminal Procedure
May properly be
presented only after
either or both the
parties have formally
offered and closed
their evidence before
judgment
Controlled by no other
rule than the
paramount interests of
justice, resting entirely
on the sound discretion
of a trial court, the
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
exercise of which
discretion will not be
reviewed on appeal
UNLESS a clear abuse
thereof is shown
IN
REMEDIAL LAW
action,
a
petition
for
certiorari and action to
annul judgment on the
ground of extrinsic fraud or
lack of jurisdiction
COLLATERAL ATTACK if the
judgment can be resisted in
any other action in which it
is involved.
or
amend
RULE 37
RULE 38
Available BEFORE
judgment becomes
final and executory
Available AFTER
judgment has become
final and executory
Applies to
Applies to judgments,
JUDGMENTS or FINAL final orders and other
ORDERS only
proceeding:
1.Land Registration
2.Special Proceedings
3. Order of Execution
RULE 38
RELIEF FROM JUDGMENTS, ORDERS, OR
OTHER PROCEEDINGS
REMEDIES
AGAINST
FINAL
AND
EXECUTORY JUDGMENTS OR ORDERS
GROUNDS:
GROUNDS:
i. FAME
FAME
1. Petition
for
Relief
from
Judgment (Rule 38)
2. Annulment of judgments or final
orders or resolutions (Rule 47) on
the ground of:
o Extrinsic fraud, to be filed
within 4 years from the
discovery of the fraud;
o Lack of jurisdiction, before
it is barred by laches or
estoppel
3. Direct or collateral attack
against a void or voidable
judgment
o DIRECT ATTACK when the
validity of the judgment
itself is the main issue of the
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
65
Legal remedy
Equitable remedy
Petition must be
verified
RULE 39
EXECUTION, SATISFACTION AND EFFECT
OF JUDGMENTS
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Execution is a matter of right after expiration of period to appeal and no appeal is perfected
Discretionary execution upon good reasons stated in a special order after due hearing
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
2. upon a judgment or order that
disposes of the action or
proceeding AND
3. upon expiration of the period to
appeal therefrom and NO appeal
has been duly perfected.
is
UNJUST
OR
IN
REMEDIAL LAW
DISCRETIONARY
EXECUTION
EXECUTION AS A
MATTER OF RIGHT
to appeal
no appeal is
perfected
Discretionary upon
Ministerial duty of
inquiry on whether
there are no
there is GOOD
supervening events
REASON for
execution
1. Improvidently issued
2. Defective in substance
3. Issued against the wrong party
4. Judgment already satisfied
5. Issued without authority
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Section 3. Stay of Discretionary
Execution. The party against whom an
execution is directed may file a
supersedeas bond to stay discretionary
execution.
IN
REMEDIAL LAW
1. INJUNCTION
2. RECEIVERSHIP
3. ACCOUNTING
4. SUPPORT
Supersedeas
bond
guarantees
satisfaction of the judgment in case of
affirmance on appeal, not other things
like damage to property pending the
appeal
5.
Such
other
judgments
declared to be immediately
executory
unless
otherwise
ordered by the trial court.
MODE OF ENFORCEMENT
1. By motion within 5 years from
date of its entry
2. By independent action after 5
years from entry AND before it is
barred by statute of limitations
EXCEPTIONS:
1. When the terms of the judgment
are not very clear;
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Section 11.
Judgments.
Execution
of
Special
When
judgment
requires
the
performance of any act other than for
money and delivery of property.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
ATTACHMENT
Refers to corporeal
property in the
possession of the
judgment debtor.
GARNISHMENT
refers to money,
stocks, credits and
other incorporeal
property which belong
to judgment debtor
but is in the
possession or under
the control of a third
person
Section
16. Proceedings Where
Property Claimed By Third Person.
IN
REMEDIAL LAW
SALE ON EXECUTION
Notice of sale is required before levied
property can be sold at public auction
(Sec. 15).
the
the
reinvidicatory
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
BY THE REDEMPTIONER:
1. Within one year from the date of
registration of the certificate of
sale; or
2. Within sixty days from the last
redemption
by
another
redemptioner
If the judgment obligor redeems, no
further redemption is allowed (Sec.
29).
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
The purchaser acquires no better right
than what the judgment debtor has in
the property levied upon. Thus, if the
judgment debtor had already transferred
the property executed prior to the levy
and no longer has an interest in the
property, the execution purchaser
acquires no right.
2.
3.
4.
5.
6.
Irregularities
in
the
proceedings concerning the
sale.
b.
c.
d.
REMEDIAL LAW
1.
IN
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
mortgagee, or otherwise, and
his interest can be ascertained
without controversy, the court
may order the sale of such
interest. (Section 42)
7.
IN
REMEDIAL LAW
JUDGMENT or
FINAL ORDER
EFFECT: CONCLUSIVE
AS TO
Against a specific
thing
Probate of a will or
administration of
the estate of a
deceased person
Will or administration
In respect to the
personal, political,
or legal condition or
status of a
particular person
Condition, status or
relationship of the
person
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
Appeal decision of MTC by filing notice of appeal and pay appellate court docket fee in the same MTC within 15 days from receipt of judgment
Notice to parties that an appeal is being taken from the decision of MTC
If uncontested, judgmentAny
is entered
party may
in the
appeal
bookbyoffiling
entries
a petition for review with the RTC
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
BAR BY FORMER CONCLUSIVENESS OF
JUDGMENT
JUDGMENT
IN
REMEDIAL LAW
RULE 40
There is identity of There is ONLY identity of
parties, subject
PARTIES AND SUBJECT
matter and causes
MATTER
of action
1.
2.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
notice of judgment or final order
by filing a notice of appeal and a
record on appeal;
3. Period to appeal shall be
interrupted by a timely motion
for new trial or reconsideration.
4. No motion for extension of time
to file a motion for new trial or
reconsideration
shall
be
allowed.
IN
REMEDIAL LAW
ORDINARY APPEAL
PETITION FOR
REVIEW
Matter of right
Discretionary
No records are
elevated unless the
court decrees it
Notice of record on
appeal is filed with
the court of origin
By Record on appeal:
2. The notice
indicate:
of
appeal
must
a. parties
b. judgment or final order
appealed from
c. material date showing
timeliness of appeal
3. A copy served on the adverse
party.
4. Payment in full of docket fees
and other lawful fees
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
when the period of appeal for other
parties expire.
2.
3.
4.
5.
IN
REMEDIAL LAW
RULE 41
TRIAL COURTS
APPEALABLE CASES
1.
2.
A particular matter in a
judgment declared by the Rules
to be appealable.
1. Affirm, or
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
2.
Order of Execution
3.
IN
REMEDIAL LAW
4.
5.
6.
Ordinary
appeal
Petition for
review
(appeal by writ
of error)
[Rule 42]
Petition for
review on
certiorari
[Rule 45]
Interlocutory orders
Orders denying:
a.
b.
c.
Case is decided
Case is
by the RTC in
decided by
its original
the MTC.
jurisdiction
Appealed to
Appealed to the
the RTC.
CA
Petition for
review with
the CA
The case
raises only a
question of
law
File a verified
petition for
review on
certiorari
with the SC (R
45) Pay
docket and
lawful fees
and P 500 for
costs.
Submit proof
of service of a
copy to the
lower court
and adverse
party.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
approve it as presented; OR
direct its amendment on its
own or upon the motion of
the adverse party
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
It is merely discretionary on the CA to
order the elevation of the records. This
is because until the petition is given due
course, the trial court may still issue a
warrant of execution pending appeal and
in some cases such as ejectment and
those of Summary Procedure, the
judgments are immediately executory. It
is only when the CA deems it necessary
that the Clerk of the RTC will be ordered
to elevate the records of the case.
RULE 43
APPEALS FROM THE COURT OF TAX
APPEALS AND THE QUASI-JUDICIAL
AGENCIES TO THE CA
IN
REMEDIAL LAW
BRIEF
MEMORANDUM
Ordinary appeals
Certiorari, Prohibition,
Mandamus, Quo
Warranto and Habeas
Corpus cases
RULE 44
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
within 30 days
RULE 45
APPEAL BY CERTIORARI TO THE
SUPREME COURT
view on certiorari w/in 15 days from notice of final judgment or order of lower court or notice of denial of motion for reconsideration or new trial
Appellant serves copies of petition on adverse parties and to the lower court, and pay the corresponding docket fees
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
SC may
affirm, reverse, or modify judgment of the lower court
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
the death penalty is imposed which is
subject to automatic review.
EXCEPTIONS to CONCLUSIVENESS OF
FACTS:
IN
REMEDIAL LAW
2. When
inference
made
is
manifestly absurd, mistaken or
impossible;
3. When the judgment is premised
on a misrepresentation of facts;
4. When there is grave abuse of
discretion in the appreciation of
facts;
5. When the findings of fact are
conflicting;
6. When the CA in making its
findings went beyond the issues
of the case and the same is
contrary to both the admissions
of appellants and appellees;
7. When the findings of fact of the
CA are at variance with those of
the trial court, the SC has to
review the evidence in order to
arrive at the correct findings
based on the record;
8. When the findings of fact are
conclusions without citation of
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
petition is based on
questions of law
It is a mode of appeal
Unless a writ of
QUESTIONS
OF LAW
QUESTIONSinjunction
OF
order appealed
from preliminary
orFACT
temporary
restraining order is
issued does not stay
the challenged
doubt or controversy doubt or
difference
proceeding
as to what the law is arises as to the truth
on certain facts
or falsehood of facts,
or as to probative
value of the evidence
presented
REMEDIAL LAW
Court exercises
original jurisdiction
RULE 46
ORIGINAL CASES
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Section 2. To what actions applicable.
IN
REMEDIAL LAW
RULE 47
Section 4. Jurisdiction over person,
how acquired.
JURISDICTION IS ACQUIRED:
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Grounds for ANNULMENT OF JUDGMENT
1. extrinsic
fraud;
fraud
or
collateral
2. lack of jurisdiction;
IN
REMEDIAL LAW
EXTRINSIC
FRAUD
LACK OF
JURISDICTION
Section 3. Binding effect of the results
of the conference
Period of
Filing
action
Effect of
judgment
Trial court
will try the
case
Original action
may be refiled
RULE 49
Section. 5. Action by the court.
ORAL ARGUMENT
Two stages:
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
RULE 50
DISMISSAL OF APPEAL
JUDGMENT
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
Section 5. Form of Decision
The requirement for the statement of
facts and the law refers to a decision or
for that matter a final resolution. The
same are not required on minute
resolutions since these usually dispose of
the case not on its merits but on
procedural or technical considerations.
appealed
therein.
from
IN
REMEDIAL LAW
or
the
proceedings
RULE 52
MOTION FOR RECONSIDERATION
Section
6.
HARMLESS
ERROR
The court, at every stage of the
proceeding, must disregard any error or
defect which does not affect the
substantial rights of the parties such as
error in admission or exclusion of
evidence or error or defect in the ruling
or order.
RULE 53
Section 8. Questions that may be
decided
NEW TRIAL
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
RULE 56
PROCEDURE IN THE SUPREME COURT
A. ORIGINAL CASES
Rule specifically states what cases may
be originally filed with the Supreme
Court
1. petition
for
certiorari,
prohibition, mandamus, quo
warranto, habeas corpus;
2. disciplinary proceedings against
members of the judiciary and
attorneys
3. cases affecting ambassadors,
other public ministers and
consuls
PROVISIONAL REMEDIES
Also known as ancillary or auxiliary
remedies, are writs and processes
available during the pendency of the
action which may be resorted to by a
Attachment
(Rule
RULE 57
PRELIMINARY ATTACHMENT
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
WHEN issued
REMEDIAL LAW
IN
RULE 58
PRELIMINARY INJUNCTION
Grounds
o
applicant is entitled to
the relief demanded; or
commission, continuance
or non-performance of the act
complained of would work
injustice to the applicant if not
enjoined; or
Section 5.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
There must be prior notice to the person
sought to be enjoined and a hearing
before preliminary injunction may be
granted.
IN
REMEDIAL LAW
1. insufficiency;
2. if
injunction
would
cause
irreparable damage to the
person enjoined while the
applicant
can
be
fully
compensated for such damages,
PROVIDED the former files a
BOND.
Distinctions
INJUNCTION
PROHIBITION
directed against a
party in the action
Directed against a
court, tribunal or a
person exercising
judicial powers
RULE 59
RECEIVERSHIP
A TRO issued by the CA or any of its
members is effective for 60 days from
service on the party sought to be
enjoined.
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
2. in foreclosure of mortgage, when
the property is in danger of
being wasted or dissipated and
that its value is probably
insufficient to discharge the
mortgage debt or that it has
been agreed upon by the parties;
3. after judgment, to preserve the
property during the pendency of
an appeal or to dispose of it
accdg. to the judgment or to aid
execution;
4. when appointment of receiver is
the most convenient and feasible
means
of
preserving,
administering or disposing of the
property in litigation.
A person who refuses or neglects to
deliver property within his control and
which is the subject of the action to the
receiver may be punished for contempt
and liable to the receiver for the money
or the value of the property PLUS
damages.
IN
REMEDIAL LAW
Distinctions
REPLEVIN
ATTACHMENT
Available even if
recovery of property is
only incidental to the
relief sought.
Available before
defendant answers
Available from
commencement but
before entry of
judgment
RULE 60
REPLEVIN
RULE 61
SUPPORT PENDENTE LITE
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)
MEMORY AID
IN
REMEDIAL LAW
CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Farias, Maricris Oronea EDPS: Martessa Nuylan, Charissimae
Ventura, Jocelyn Zabala SUBJECT HEADS: Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and
Special
Proceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat (Evidence)