Professional Documents
Culture Documents
RULE 1
RULE 3
RULE 4
RULE 5
RULE 7
RULE 8
1. Michelle Lana Brown-Araneta, et. al v. Juan Ignacio Araneta (October 9, 2013) (Rule 8, Section 5 Forum-
shopping)
The SC held that Michelle had committed forum-shopping when she filed with the Muntinlupa RTC a
petition for protection order while the petition for custody with the Makati RTC was still pending, there
being identity of parties and interests.
Spouses Araneta separated and the kids remained in Michelles custody. Thereafter, Juan Ignacio filed a Petition
for the Custody of the kids with the Makati RTC. Eventually, Michelle, in her Answer, asked for a Temporary
Protection Order and the dismissal of Juan Ignacios petition for custody based on the fact that Juan Ignacio
allegedly was a drug user, sexual pervert, emotionally unstable, and temperamental. The Makati Court refused to
grant the TPO, claiming that it was not inclined to issue a TPO in favor of Michelle because she did not bother to
appear in Court. Michelle thereafter withdrew her motion for TPO. Then, she filed a separate case for a Petition for
Protection Order with the Muntinlupa RTC, again claiming that Juan Ignacio was a sexual pervert. In the
verification position of her petition for protection order, Michelle stated that there is a pending petition for the
custody of their kids. The Muntinlupa RTC granted Michelles prayer for a TPO. Juan Ignacio alleged that
Michelles act of filing with the Muntinlupa RTC constitutes forum shopping.
Michelle committed forum-shopping. The test for determining whether a litigant violated the rule against forum
shopping is where the elements of litis pendentia are present or where a final judgment in one case will amount to
res judicata in the other. Thus, it has been held that there is forum shopping (1) whenever as a result of an
adverse decision in one forum, a party seeks a favorable decision (other than by appeal or certiorari) in
another; or (2) if, after he has filed a petition before the SC, a party files another before the CA since in such
case said party deliberately splits appeals in the hope that even as one case in which a particular remedy is
sought is dismissed, another case (offering a similar remedy) would still be open; or (3) where a party
attempts to obtain a preliminary injunction in another court after failing to obtain it from the original court.
As a result or in anticipation of an adverse ruling of the Makati RTC, Michelle sought the favorable opinion of the
Muntinlupa RTC. Absolute identity of parties is not required, it being enough that there is substantial identity
of the parties or at least such parties represent the same interests in both actions. That a party is the petitioner
in one case and at the same time, the respondent in the other case does not, without more, remove the said cases
from the ambit of the rules on forum shopping. The rights asserted and reliefs prayed for are based on the same
facts, considering that both cases call for the application of the best interest of the child doctrine.
61. ASIAN CONSTRUCTION AND DEVELOPMENT CORPORATION v. LOURDES K. MENDOZA
(2012) [Rule 8, Section 7]
Charge invoices are not actionable documents. A document is actionable when an action or defense is
grounded upon such written instrument or document.
Mendoza, owner of Highett Steel Fabricators, filed a complaint for sum of money against ACDC alleging that the
latter purchased from Highett various fabricated steel materials and supplies amounting to P1,206,177 and failed to
pay. RTC ruled in favor of Mendoza. CA affirmed. In the SC, ACDC argues that a charge or sales invoice is not an
actionable document; thus, its failure to deny under oath its genuineness and due execution does not constitute an
admission thereof.
Held: The charge invoices are not actionable documents. Based on Sec. 7 of Rule 8 of the Rules of Court, a
document is actionable when an action or defense is grounded upon such written instrument or document. In
the instant case, the Charge Invoices are not actionable documents per se as these only provide details on
REM Digests ALS 2014B Justice Gesmundo
the alleged transactions. These documents need not be attached to or stated in the complaint as these are
evidentiary in nature. In fact, Mendozas cause of action is not based on these documents but on the contract of
sale between the parties.
77. Philippine Bank of Communications v. Spouses Go (2011)
Rule 8, Sec. 10 - Specific Denial; Summary Judgment - To specifically deny a material allegation, a defendant
must specify each material allegation of fact the truth of which he does not admit, and whenever practicable,
shall set forth the substance of the matters upon which he relies to support his denial. Under the Rules,
summary judgment is appropriate when there are no genuine issues of fact which call for the presentation of
evidence in a full-blown trial.
Spouses Go obtained loans from PBCom secured by shares of stocks. Two years later, the price of the stocks
plunged prompting PBCom to notify the Spouses Go of the renunciation of the security. PBCom then filed a
Complaint for sum of money. In their Answer, the Spouses denied the material allegations of the Complaint by
alleging that the loan was not yet due and demandable and no demand has been made by PBCom. PBCom,
however, moved for summary judgment alleging otherwise (that Answer admits the fact of default). RTC granted
PBComs motion for summary judgment and ordered the Spouses to pay the loan. The CA, finding that Spouses did
not admit the material allegations, reversed and set aside the summary judgment.
Under the Rules, summary judgment is appropriate when there are no genuine issues of fact which call for
the presentation of evidence in a full-blown trial. Even if on their face the pleadings appear to raise issues,
when the affidavits, depositions and admissions show that such issues are not genuine, then summary
judgment as prescribed by the Rules must ensue as a matter of law. The determinative factor, therefore, in a
motion for summary judgment, is the presence or absence of a genuine issue as to any material fact. A
"genuine issue" is an issue of fact which requires the presentation of evidence as distinguished from a sham,
fictitious, contrived or false claim.
To specifically deny a material allegation, a defendant must specify each material allegation of fact the truth
of which he does not admit, and whenever practicable, shall set forth the substance of the matters upon
which he relies to support his denial. Where a defendant desires to deny only a part of an averment, he shall
specify so much of it as is true and material and shall deny only the remainder. Where a defendant is without
knowledge or information sufficient to form a belief as to the truth of a material averment made in the
complaint, he shall so state, and this shall have the effect of a denial.
79. GSIS v. Dinnah Villaviza (2010)
Rule 8, Sec. 11 Though the Rules of Court apply in a suppletory character in administrative cases, the
Rules will only apply where there is an insufficiency in the applicable rule (specific rule/charter of the
agency). Failure to file an Answer in an administrative case with the GSIS does not amount to an
admission.
Several GSIS employees were charged for Grave Misconduct in the Office of the President of GSIS. They were
directed to submit their written answers under oath but failed to do so. Thus, they were found guilty of the charges
with penalty of suspension. On appeal with the CSC, the CSC found them to be guilty of a lesser offense, ruling
that respondents were not denied due process but there was no substantial evidence to hold them guilty of the
greater offense. GSIS argue that there being no answers, the allegations in the formal charges should have been
deemed admitted pursuant to Rule 8, Sec. 11 which provides that allegations not specifically denied deemed
admitted.
This rule is not applicable in the present case. Special rules are found under the GSIS law which requires
GSIS, in case of failure to file an answer, to render judgment as may be warranted by the facts and
evidence submitted by the prosecution.
144. ANGELINA SORIENTE v. THE ESTATE OF THE LATE ARSENIO E. CONCEPCION (2009) [Rule
5; Rule 8; Rule on Summary Procedure]
In unlawful detainer case, there must be alleged in the complaint material information such as the date of
demand because defendants possession becomes unlawful only one year after the date of demand.
1. Motion to set aside the At any time after discovery of declaration of default FAME (Sec 3 Rule 18)
order of default and before judgment
3. Petition for Relief If the defendant discovered the default after the Section 2 Rule 38
judgment has become final and executory
RULE 10
143. AGRIFINA PANGANIBAN v. SPOUSES ROLDAN (2009) [Rule 10 Amended and Supplemental
Pleadings]
Where there is a variance in defendants pleadings and the evidence adduced at the trial, the court may
treat the pleading as if it had been amended to conform to the evidence.
This case is one of recovery of possession and damages. During trial, presented as evidence were a TCT and a
Kasunduan. These were never raised in the pleadings. The court resolved the case based on these two documents.
It is settled that issues NOT raised by the pleadings may be tried by express or implied consent of the parties,
as if they had been raised in the pleadings and the court can validly resolve them.
The rule on amendment of pleadings to conform to evidence presented during trial need not be applied
rigidly, particularly where no surprise or prejudice is caused the objecting party. Where there is a variance in
defendants pleadings and the evidence adduced at the trial, the court may treat the pleading as if it had been
amended to conform to the evidence.
RULE 11
38) and 39) DEL MONTE v. DOW CHEMICAL CO. (2012) and DOW CHEMICAL v. GRAGEDA (2012)
(consolidated) - omitted counterclaim or cross claim, two requisites allow
Farm workers sue several companies for an alleged exposure to the chemical DBCP which had negative impacts to
their health. There are four sets of defendants; Chiquita, DOW, Del Monte and DOLE. Chiquita and Del Monte
filed a Motion to Admit Amended Answer with Counter-Claim and Cross-Claim, respectively. Dole defendants
filed a Motion to Admit Amended Answer with the Amended Answer with Cross-Claim Ad Cautelam. They
alleged that since they were in imminent danger of being the only defendants left, they were constrained to file a
cross-claim against their co-defendants in order to secure their right to contribution and reimbursement.
Based on Rule 11, Sec. 10: there are two requisites for a court to allow an omitted counterclaim or cross-
claim by amendment: (1) there was oversight, inadvertence, or excusable neglect, or when justice requires;
and (2) the amendment is made before judgment.
RULE 12
RULE 13
49. BAUTISTA V. CRUZ, SHERIFF OF RTC BRANCH 53, ROSALES PANGASINAN, A.M.NO. P-12-
3062 (2012)
For Rules 13 and 39 Notice to the client and not to the counsel of record is not notice within the meaning of
the law.
Bautista, Posadas and Ramos filed a Complaint for Ejectment with Prayer for Writ of Demolition and Damages
against Vallejos and Basconsillo concerning a parcel of land situated in Pangasinan. The MTC ruled in favor of
plaintiffs, while the RTC, CA and SC later affirmed, making the decision final and executory. The corresponding
writ of execution was issued by the MTC ordering sheriff Cruz to implement the final decision. On the day of the
implementation however, despite Bautistas insistence to use all reasonable force to implement the writ of
execution, the sheriff refused to do so because of the absence of a special order of demolition, as there were
improvements made on the subject lot. Bautista later found out that the Notice to Vacate was served only on the
opposing parties and not their counsel, preventing the sheriff from executing the writ. Alleging gross ignorance of
the law, inefficiency, misfeasance of duty, bias and partiality, the complainant filed this administrative case.
While the sheriff was correct in initially refusing to implement the writ of execution absent a special order of
demolition, the sheriff indeed committed an error when he served the Notice to Vacate on the defendants,
and not their counsel. Section 10c of Rule 39 requiring service of Notice to Vacate upon a judgment obligor
must be read in conjunction with Section 2, Rule 13 of the Rules of Court which requires that service of
pleadings or papers must be made on the counsel if a party is already represented by one. It is a settled rule
that notice to the client will only be binding and effective if specifically ordered by the Court. Sheriff Cruz is
guilty of inefficiency and incompetence and is hereby reprimanded.
60. Mojar, et al. v. Agro Commercial Security Service Agency, Inc. et al. (2012)
Rule 13, Service If a party to a case has appeared by counsel, service of pleadings and judgments shall be
made upon his counsel or one of them, unless service upon the party is specifically ordered by the court. It is
not the duty of the courts to inquire, during the progress of a case, whether the law firm or partnership
representing one of the litigants continues to exist lawfully, whether the partners are still alive, or whether its
associates are still connected with the firm.
Rule 46 in petition for certiorari; actual address of respondent and petitioners mandatory, exceptions
where the petitioner clearly mentioned that the parties may be served with the courts notices or processes
through their respective counsels, whose addresses have been clearly specified as in this case, this act would
constitute substantial compliance with the requirements of Section 3, Rule 46
Rule 138 valid substitution of counsel Under Section 26, Rule 138 of the Rules of Court and established
jurisprudence, a valid substitution of counsel has the following requirements: (1) the filing of a written
application for substitution; (2) the client's written consent; (3) the consent of the substituted lawyer if such
consent can be obtained; and, in case such written consent cannot be procured, (4) a proof of service of
notice of such motion on the attorney to be substituted in the manner required by the Rules. Where death of
the previous attorney is the cause of substitution of the counsel, a verified proof of the death of such attorney
(usually a death certificate) must accompany the notice of appearance of the new counsel.
RULE 14
RULE 15
131. Metropolitan Bank & Trust Company v. Hon. Salvador Abad Santos and Manfred Jacob De Koning
(2009) Rule 7; Rule 15
A certificate of non-forum shopping is required to be attached only to complaints and other initiatory
pleadings. A writ of execution is not a petition but a motion. The purpose of a motion is not to initiate new
litigation, but to bring a material but incidental matter arising in the progress of the case in which the
motion is filed. A motion is not an independent right or remedy, but is confined to incidental matters in the
progress of a cause. It relates to some question that is collateral to the main object of the action and is
connected with and dependent upon the principal remedy. An application for a writ of possession is a mere
incident in the registration proceeding.; A judicial proceeding, order, injunction, etc., is ex parte when it is
taken or granted at the instance and for the benefit of one party only, and without notice to, or contestation
by, any person adversely interested.
RULE 16
4. Bagayas v. Bagayas (September 18, 2013) (Res judicata (Rule 16); partition (Rule 69))
Petitioner filed a complaint for annulment of sale and partition, claiming that the respondents intended to exclude
her from inheriting from the estate of her legally adoptive parents. The RTC dismissed the case. Thereafter, she
filed another case for the amendment of the TCTs to include her name and those of her heirs, under PD 1529. The
issue to be resolved in this case is W/N the dismissal of the earlier complaint on the ground that it is in the nature of
a collateral attack on the certificates of title constitutes a bar to a subsequent petition under PD 1529. In a
complaint for partition, the plaintiff seeks, first, a declaration that he is a co-owner of the subject properties;
and second, the conveyance of his lawful shares. An action for partition is at once an action for declaration of
co-ownership and for segregation and conveyance of a determinate portion of the properties involved. The
determination, therefore, as to the existence of co-ownership is necessary in the resolution of an action for
partition.
A resolution on the issue of ownership does not subject the Torrens title issued over the disputed realites to a
collateral attack. It must be borne in mind that what cannot be collaterally attacked is the certificate of title
and not the title itself.
Thus, the RTC erroneously dismissed petitioners petition for annulment of sale on the ground that it constituted a
collateral attack since she was actually assailing the respondents title to the subject lands and not any Torrens
certificate of title over the same. YET, the appeal was filed out of time!
Consequently, there is no res judicata in this case, because they involve different causes of action. As to the first
case, no partition was decreed as the action was dismissed. Second, petitioner cannot avail of the summary
proceedings under Section 108 of PD 1529 because the present controversy does not involve the amendment of the
certificates of title issued in favor of the respondents but the partition of the estate of the deceased.
22. PILAR DEVELOPMENT v. CA (2013)
"In order that there may be res judicata, it is requisite (a) that the former judgment is final; (b) that it has
been rendered by a court of competent jurisdiction; (c) that it is a judgment on the merits; and (d) that,
between the first and the second actions, there is identity of parties, subject-matter, and cause of action."
Spouses Lopez and Ng acquired some properties in Las Pinas from Dumbrique. Fusilero filed and adverse
claim but the court eventually held that the land belongs to the spouses. The Factors, who allegedly acquired
some property part of the subject lands in the previous case, sold them to herein petitioners. Initially the CFI
ruled in favor of the factors, however upon reopening of the case, the court ruled in favor of herein private
respondents. Neither of the parties appealed. Instead, they filed for annulment of the titles of the properties
which eventually was also dismissed by the SC. They filed for quieting of titles as a third case, which was also
eventually dismissed by the lower courts. They now come with a petition for review
The facts of this case clearly show that petitioners cause of action is already barred by the prior judgments
of the RTC in its Decision dated 8 December 1994 in Case 1 and of this Court in Case 2. The fundamental
principle behind the doctrine of res judicata is that parties ought not to be permitted to litigate the same
issue more than once. That is, when a right or a fact has been judicially tried and determined by a court of
competent jurisdiction, or an opportunity for such trial has been given, the judgment of the courtso long
as it remains unreversed should be conclusive upon the parties and those in privity with them in law or
estate. The Decisions of the RTC in Case 1 and of this Court in Case 2 both of which ruled that
respondents are the rightful owners of the property in questionhave all become final and unappealable. In
Case 2, this Court had jurisdiction over the subject matter and over the parties; the judgments were issued
on the merits; and there was a similarity of parties, subject matter, and cause of action. We rule that there is
RULE 17
64. SHIMIZU PHILIPPINES CONTRACTORS, INC. vs. MRS. LETICIA B. MAGSALIN, doing business
under the trade name KARENS TRADING, ET AL. (2012) [Sec. 3, Rule 17 - Dismissal; Sec. 1, Rule 36 -
Judgment or final order; Rule 41 - Appeal]
(a) When a complaint is dismissed for failure to prosecute and the dismissal is unqualified, the dismissal has
the effect of an adjudication on the merits. Thus, the order must conform with Sec. 1, Rule 36. (b) A
determination of the existence of a factual basis for the dismissal of a case involves a question of fact
properly cognizable by the CA on petition for review under Rule 41. (c) The fundamental test for non
prosequitur is whether, under the circumstances, the plaintiff is chargeable with want of due diligence in
failing to proceed with reasonable promptitude. There must be unwillingness on the part of the plaintiff to
prosecute.
Shimizu filed a complaint for damages arising from breach of contract against Magsalin and FGU Insurance. The
RTC dismissed the case, merely stating in the order: For failure of [petitioner] to prosecute, the case is hereby
DISMISSED. SO ORDERED. Shimizu appealed the case to the CA via petition for review under Rule 41. The CA
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denied the appeal on the ground of lack of jurisdiction ruling that since the facts presented in the appeal were not
disputed, the appeal raises a pure question of law; hence, the proper remedy is an appeal filed directly with the SC
under Rule 45.
Held:
1. The Dismissal Order is Void. When a complaint is dismissed for failure to prosecute and the dismissal is
unqualified, the dismissal has the effect of an adjudication on the merits. As an adjudication on the merits,
the dismissal order must conform with Sec. 1, Rule 36 of the Rules of Court on the writing of valid
judgments and final orders. The dismissal order clearly violates this rule for its failure to disclose how and why
the petitioner failed to prosecute its complaint. It simply states its conclusion that the case should be dismissed for
non prosequitur, a legal conclusion, but does not state the facts on which this conclusion is based.
2. The appeal was properly filed under Rule 41 of the Rules of Court. Where a case is submitted upon an agreement
of facts, or where all the facts are stated in the judgment and the issue is the correctness of the conclusions drawn
therefrom, the question is one of law which is properly subject to the review of the SC. In this case, however, this
rule does not apply since the facts supposedly supporting the trial courts conclusion of non prosequitur were not
stated in the judgment. At any rate, the appeal in this case necessarily involved questions of fact. A critical factual
question that must be answered by the CA is whether, based on the records, there had been factual basis for the
dismissal of the complaint. This question is particularly significant given that the dismissal order appealed from
does not even indicate the factual basis for the dismissal of the case. There is thus a need to delve into the records to
check whether facts to justify the prejudicial dismissal even exist.
3. The dismissal by the RTC is not supported by the facts of the case. None of the events that occurred prior to the
issuance of the dismissal order square with the grounds specified by Sec. 3, Rule 17 for the motu proprio dismissal
of a case for failure to prosecute. The fundamental test for non prosequitur is whether, under the
circumstances, the plaintiff is chargeable with want of due diligence in failing to proceed with reasonable
promptitude. There must be unwillingness on the part of the plaintiff to prosecute. In this case, the parties
own narrations of facts demonstrate the petitioners willingness to prosecute its complaint. Indeed, the respondents
were not able to point to any specific act committed by the petitioner to justify the dismissal of their case.
87. PCI Leasing and Finance, Inc. v. Antonio Milan under A Milan Trading, et. al., G.R. No. 151215
(2010) Rule 17
Instances when a complaint may be dismissed due to the plaintiffs fault: (1) if he fails to appear on the date
for the presentation of his evidence in chief on the complaint; (2) if he fails to prosecute his action for an
unreasonable length of time; or (3) if he fails to comply with the Rules or any order of the court.
Petitioner PCI Leasing and Finance, Inc. (PCI Leasing) filed of a Complaint for Sum of Money against herein
respondents Antonio C. Milan (Antonio) and Laura M. Milan. PCI Leasing alleged that it extended loans to
respondents for which Deeds of Assignment were duly executed by respondents. Eventually, despite repeated
demands, respondents failed to settle their obligation. PCI Leasing was then compelled to litigate to enforce
payment of the total loan obligation, plus interests, penalties, attorneys fees, expenses of litigation and costs of
suit. The RTC issued summons to respondents, however the summons and the copy of the complaint were, returned
unserved.
In view of the above situation, PCI Leasing filed a Motion to Archive the civil case subject to its reinstatement after
the whereabouts of the respondents was determined. The RTC denied. PCI Leasing filed a Motion for Issuance of
Alias Summons but said motion was denied. Petitioner filed another Motion for Issuance of Alias Summons, which
the RTC scheduled for hearing. During the hearing of the motion on said date, there was no appearance from both
counsels of PCI Leasing and respondents; the RTC dismissed the case for failure to prosecute. PCI Leasing filed an
MR but was denied. PCI Leasing filed an Ex Parte MR but was again denied.
The Court held that RTC grievously erred in dismissing the case. The dismissal of a case for failure to
prosecute has the effect of adjudication on the merits, and is necessarily understood to be with prejudice to
the filing of another action, unless otherwise provided in the order of dismissal. Stated differently, the
general rule is that dismissal of a case for failure to prosecute is to be regarded as an adjudication on the
merits and with prejudice to the filing of another action, and the only exception is when the order of
dismissal expressly contains a qualification that the dismissal is without prejudice.
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Furthermore, in Marahay v. Melicor, the Court held that [w]hile a court can dismiss a case on the ground of
non prosequitur, the real test for the exercise of such power is whether, under the circumstances, plaintiff is
chargeable with want of due diligence in failing to proceed with reasonable promptitude. In the absence of a
pattern or scheme to delay the disposition of the case or a wanton failure to observe the mandatory
requirement of the rules on the part of the plaintiff, as in the case at bar, courts should decide to dispense
with rather than wield their authority to dismiss.
108. CHAN-TAN v. TAN ( FEBRUARY 25, 2010) Rule 17
Nothing is more settled in law than that when a judgment becomes final and executory, it becomes
immutable and unalterable. In its March 30, 2004 Decision, the trial court declared the marriage between
petitioner Susie Chan-Tan and respondent Jesse Tan void under Article 36 of the Family Code. In its May 17, 2004
Resolution, the trial court granted to respondent custody of the children, ordered petitioner to turn over to
respondent documents and titles in the latters name, and allowed respondent to stay in the family dwelling. In
its February 15, 2005 Resolution, the trial court denied petitioners motion for reconsideration of the December 28,
2004 Resolution denying petitioners motion to dismiss and motion for reconsideration of the October 12 2004
Resolution, which in turn denied for late filing petitioner's motion for reconsideration of the May 17, 2004
resolution. Respondent Tan maintains that the March 30, 2004 decision and the May 17 , 2004 resolution of the
trial court are now final and executory and could no longer be reviewed, modified, or vacated.
Section 1 of the Rule states that the Rules of Court applies suppletorily to a petition for the declaration of
absolute nullity of void marriage or the annulment of voidable marriage. In this connection, Rule 17 of the
Rules of Court allows dismissal of the action upon notice or upon motion of the plaintiff, to wit:
Section 1. Dismissal upon notice by plaintiff. A complaint may be dismissed by the plaintiff by filing a notice
of dismissal at any time before service of the answer or of a motion for summary judgment. Upon such notice
being filed, the court shall issue an order confirming the dismissal. x x x
Section 2. Dismissal upon motion of plaintiff. Except as provided in the preceding section, a
complaint shall not be dismissed at the plaintiffs instance save upon approval of the court and upon
such terms and conditions as the court deems proper. x x x (Emphasis supplied)
However, when petitioner filed the motion to dismiss on 4 November 2004, the 30 March 2004 decision and
the 17 May 2004 resolution of the trial court had long become final and executory upon the lapse of the 15-
day reglementary period without any timely appeal having been filed by either party. The 30 March 2004
decision and the 17 May 2004 resolution may no longer be disturbed on account of the belated motion to
dismiss filed by petitioner. The trial court was correct in denying petitioners motion to dismiss. Nothing is
more settled in law than that when a judgment becomes final and executory, it becomes immutable and
unalterable. The same may no longer be modified in any respect, even if the modification is meant to correct
what is perceived to be an erroneous conclusion of fact or law. The reason is grounded on the fundamental
considerations of public policy and sound practice that, at the risk of occasional error, the judgments or
orders of courts must be final at some definite date fixed by law. Once a judgment has become final and
executory, the issues there should be laid to rest.
124.) BENEDICTA M. SAMSON VS. HON. JUDGE GERALDINE C. FIEL-MACARAIG, G.R. NO. 166356
(2010)
Rule 17, Sec. 3: Dismissal due to fault of plaintiff.
Petitioners obtained a loan from FEBTC. The loan was secured by a real estate mortgage over four parcels of land
located in Marikina City. When petitioners failed to comply with the terms of the loan agreement, FEBTC filed an
application for extra-judicial foreclosure. Application was given due course and a public auction sale was
conducted with prior publication. Mortgaged properties were sold to FEBTC as the highest bidder. After two years,
Petitioners filed a case for Annulment of Extra-Judicial Foreclosure and/or Nullification of Sale and the Certificates
of Title. They questioned the auction sale for alleged lack of posting and publication requirements. RTC denied and
issued an order dismissing the complaint for failure to prosecute for an unreasonable length of time. CA affirmed.
Petitioners claimed that RTC judge gravely abused her discretion when she dismissed the case for failure to
prosecute despite that one of the defendants failure to file a responsive pleading, hence issues have not yet been
joined and move for pre-trial wouldve been premature. Court ruled against petitioners. Lower court did not act
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in excess of jurisdiction or with GADLEJ. Petitioners failed to move for pre-trial in accordance with Rule 18
Sec1 and case was dismissed pursuant to Rule 17 Sec3 which provides If, for no justifiable cause, the
plaintiff fails to appear on the date of the presentation of his evidence in chief on the complaint, or to
prosecute his action for an unreasonable length of time, or to comply with these rules or any order of the
court, the complaint may be dismissed upon motion of the defendant or upon the courts own motion,
without prejudice to the right of the defendant to prosecute his counterclaim in the same or in a separate
action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by
the court.
RULE 18
RULE 19
RULE 20
34. GSIS v. Executive Judge Cancino-Erum et al (2012) (Rule 20, Assignment of cases)
[based on a practice pre-dating the 2007 ROC which requires the assignment of cases to be done exclusively by
raffle, the Executive Judge would assign TRO/Injunction cases on a round system. If one of the 4 courts had
a pending TRO case, it would not be included in the raffle for the next TRO case. Here, 3 of the 4 courts already
had pending TRO cases so the present TRO case was assigned to the only court left insomuch as it was the only
court without a TRO case for that round.]
The avowed purpose of instituting the raffle as the EXCLUSIVE METHOD of assigning cases among
several branches of a court is two-fold:
(1) to equalize the distribution of cases among the several branches, (speedy disposition);
(2) to ensure the impartial adjudication of cases (obviate suspicion of predetermined judges)
Court declared that it cannot sanction any practice that does not conform to the raffle as the exclusive
method of assigning cases among several branches within a judicial region. It reiterated that the raffle
should always be the rule rather than the exception.
[exceptions are enumerated in Circular No. 7 Sept. 23, 1974. Example: special raffle at the instance of an
interested party where the matter is incidental or interlocutory and of urgent nature that it cannot wait for a
regular raffle]
RULE 21
RULE 22
RULE 24
RULE 25
RULE 26
52. SPOUSES VILLUGA V. KELLY HARDWARE AND CONSTRUCTION SUPPLY INC., G.R. NO.
176570 (2012)
For Rules 10, 26, and 35. The Second Amended Complaint supersedes only its Amended Complaint and
nothing more; A request for admission that merely reiterates the allegations in an earlier pleading is
inappropriate under Rule 26 of the Rules of Court; For summary judgment to be proper (1) there must be
no genuine issue as to any material fact, except for the amount of damages and (2) the party presenting the
motion for summary judgment must be entitled to a judgment as a matter of law.
Kelly Hardware filed a complaint for sum of money and damages against the petitioner spouses before the RTC of
Bacoor amounting to Php 259,809.50, which corresponds to various construction materials that the spouses
allegedly failed to pay for. The spouses claimed to have made partial payments in their Answer. The respondent
then filed an Amended Complaint, claiming that the aggregate value of the unpaid materials amounted to Php
279,809.50, that only Php 20,000 of such amount had been paid, leaving a balance of Php 259,809.50. The
respondent thereafter filed a Request for Admission, asking petitioners to admit the genuineness and truth of
various documents which show that petitioners liability indeed amounted to Php 259,809.50. Respondent filed
their Comment to the Request for Admission out of time. Subsequently, however, a SECOND Amended Complaint
was filed by respondent, amending the period covered by complaint, and alleging that although partial payment was
made, such payment covered prior obligations of petitioners not included contemplated in the present complaint.
After petitioners filed their Answer, respondent filed a Motion, praying that the Comment of the petitioners on their
Request for Admission be expunged for being filed out of time, that the petitioners be considered to have admitted
the matters covered by the Request, and to be granted summary judgment in that regard. The Motion was granted.
Petitioners appeal and subsequent Motion for Reconsideration grounded upon the abandonment of the earlier
Request for Admission by virtue of the filing of the Second Amended Complaint were unavailing, hence this
petition for review on certiorari.
The Second Amended Complaint supersedes only its Amended Complaint and nothing more. The
respondents Request for Admission is not deemed abandoned or withdrawn by the filing of the Second
Amended Complaint. Despite this, the petitioners cannot be said to have impliedly admitted their liability in
the amount of Php 259,809.50. This is because the Request for Admission merely reiterated respondents
main allegation in its Amended Complaint, against which the petitioners had already set up the affirmative
defense of partial payment. If the factual allegations in the complaint are the very same allegations set forth
in the request for admission and have already been specifically denied, the required party cannot be
compelled to deny them anew. A request for admission that merely reiterates the allegations in an earlier
pleading is inappropriate under Rule 26 of the Rules of Court.
However, notwithstanding the defense of partial payment, summary judgment was still proper. When the
pleadings on file show that there are no genuine issues of fact to be tried, the Rules of Court allow a party to
obtain immediate relief by way of summary judgment. Conversely, where the pleadings tender a genuine
issue, summary judgment is not proper. A genuine issue" is such issue of fact which requires the
presentation of evidence as distinguished from a sham, fictitious, contrived or false claim. Since the
petitioners failed to specifically deny the respondents allegation in its Second Amended Complaint to the
effect that the partial payments claimed to have been made were applied to prior obligations not covered by
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59. First Leverage and Services Group, Inc. v. Solid Builders, Inc. (2012)
Rule 34, Sec. 1 summary judgment; Rule 35 In a proper case for judgment on the pleadings, there is no
ostensible issue at all because of the failure of the defending partys answer to raise an issue. The answer
would fail to tender an issue, of course, if it does not deny the material allegations in the complaint or admits
said material allegations of the adverse partys pleadings by confessing the truthfulness thereof and/or
omitting to deal with them at all. In the case of a summary judgment, issues apparently exist i.e., facts are
asserted in the complaint regarding which there is as yet no admission, disavowal or qualification; or specific
denials or affirmative defenses are in truth set out in the answer but the issues thus arising from the
pleadings are sham, fictitious or not genuine, as shown by affidavits, depositions, or admissions.
First Leverage filed a complaint for annulment of promise to sell, mandamus and prohibitory injunction against
PNB and Solid Builders. PNB and Solid Builders had an agreement that the parcels of land owned by PNB will be
sold to Solid Builders. First Leverage alleged that there was no valid perfected contract to sell since it was not
approved by PNBs board of directors and hence, the act was ultra vires. Both PNB and Solid Builders filed their
respective answers, stating that the complaint states no cause of action because the PNB board validly approved the
contract. First Leverage moved for a judgment on the pleadings. The RTC thus rendered a judgment based on the
pleadings and ruled in favor of First Leverage. The Supreme Court held that what was rendered by the RTC is not a
judgment on the pleadings but a summary judgment. In the present case, Solid Builders' pleadings tendered factual
issues. Hence, the RTC rendered a summary judgment and not a judgment on the pleadings. However, even a
summary judgment is not proper in the instant case. There can be no summary judgment where questions of
fact are in issue or where material allegations of the pleadings are in dispute. A party who moves for
summary judgment has the burden of demonstrating clearly the absence of any genuine issue of fact, or that
the issue posed in the complaint is so patently unsubstantial as not to constitute a genuine issue for trial, and
any doubt as to the existence of such an issue is resolved against the movant. In the present case, the Court
held that genuine issues exist which call for a full blown trial. First Leverage asserted in its amended complaint
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48. ARTURO DELA CRUZ, SR. v. MARTIN AND FLORA FANKHOUSER (2012)
WHEN THE WRIT OF EXECUTION VARIES THE JUDGMENT = there is an allowable appeal to an
order of execution under Rule 41 (exception to general rule)
There is a case filed before the RTC. The RTC decides and later issues an ORDER OF EXECUTION, after the
winning party filed a motion for execution. The aggrieved party elevated the RTC Order of Execution to the CA by
notice of appeal. He claimed that the order of execution issued by the RTC varied the judgment of the CA.
Held: There are exceptions to the general rule that an order of execution is not appealable, one of which is
when the writ of execution varies the judgment. Where such order of execution in the opinion of the defeated
party varies the terms of the judgment and does not conform to the essence thereof, or when the terms of the
judgment are not clear and there is room for interpretation and the interpretation given by the trial court as
contained in its order of execution is wrong in the opinion of the defeated party, the appellate court may entertain
an appeal to the order of execution.
72. DM Wenceslao v. City of Paranaque (August 31, 2011. Sec. 4, Rule 41, Appeal-docket fees)
A court acquires jurisdiction over the subject matter of the action only upon the payment of the correct
amount of docket fees regardless of the actual date of filing of the case in court. The payment of appellate
docket fees is not a mere technicality of law or procedure. It is an essential requirement, without which the
decision or final order appealed from becomes final and executory as if no appeal was filed. Evidently, where
the appellate docket fee is not paid in full within the reglementary period, the decision of the trial court
becomes final and no longer susceptible to an appeal. For once a decision becomes final, the appellate court
is without jurisdiction to entertain the appeal. The right to appeal is not a natural right, nor part of due
processit is merely a statutory privilege and may be exercised only in the manner and in accordance with
the provisions of law.
Petitioner D.M. Wenceslao and Associates, Inc. is a domestic corporation engaged in the construction business. In
1996, the City of Paraaque passed Ordinance No. 96-16, providing for the market values of the properties within
its jurisdiction as basis for assessment and real property taxation. The ordinance also provided for a discount of
70% of the base value of the developed lots in the area, for low, sunken and undeveloped parcels of land, such as
the lots reclaimed and owned by petitioner. The City Assessor of Paraaque, however, assessed petitioners lots
based on the rates applicable to Barangay Baclaran, which rates were higher than those applicable to properties in
Barangay Tambo. Subsequently, the City Treasurer declared petitioners properties delinquent and included them in
the auction sale which DM Wenceslawo tried to stop by filing a complaint with a prayer for issuance of a TRO. The
City of Paranaque filed a MTD on the ground that the action is barred by prior judgment/ prescribed and that the
court has no jurisdiction. The City of Paranaque won in the RTC, and after appealing to the CA, the appeal of DM
Wenceslao was dismissed for late payment of docket fees.
The rule that appellate court docket and other lawful fees must be paid within the period for taking an
appeal is stated in Section 4, Rule 41 of the 1997 Rules of Civil Procedure, as amended:
SEC. 4. Appellate court docket and other lawful fees.Within the period for taking an appeal, the
appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from, the
full amount of the appellate court docket and other lawful fees. Proof of payment of said fees shall be
transmitted to the appellate court together with the original record or the record on appeal.
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62. REMEDIOS ANTONINO vs. THE REGISTER OF DEEDS OF MAKATI CITY AND TAN TIAN SU
(2012) [Rule 47 - Annulment of Judgment]
A petition for annulment of judgment cannot serve as a substitute for the lost remedy of an appeal. Grave
abuse of discretion is not a ground to annul a final and executory judgment.
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PROVISIONAL REMEDIES
OTHERS
[1] Rule 67 merely requires the Government to deposit with an authorized government depositary the assessed
value of the property for expropriation for it to be entitled to a writ of possession. On the other hand, Rep. Act No.
8974 requires that the Government make a direct payment to the property owner before the writ may issue.