Civil Procedure Rule 1-37

RULE 1: GENERAL PROVISIONS Civil Action one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong Criminal Action one by which the State prosecutes a person for an act or omission punishable by law Special Proceeding a remedy by which a party seeks to establish a status, a right, or a particular fact

KINDS OF ACTIONS A. According to Foundation 1. Real Actions - Actions Affecting title to, or possession of real property, or interest therein, or forcible entry and detainer actions 2. Personal Actions - Actions founded on privity of contract or for the enforcement or resolution of a contract, or for recovery of personal property B. According to Object 1. In Personam - a proceeding to enforce personal rights and obligations brought against the person and is based on the jurisdiction of the person, although it may involve his right to, or the exercise of ownership of, specific property, or seek to compel him to control or dispose of it in accordance with the mandate of the court - Ex. Specific Performance, Sum of Money, Damages, Recover Title or Possession, Forcible Entry, Unlawful Detainer 2. In Rem - An action brought against the whole world and the object is to bar indifferently all who might be minded to make an objection of any sort against the right sought to be established and if anyone in the world has a right to be heard on the strength of alleging facts which, if true, show an inconsistent interest - Ex. Declaration of Nullity of Marriage, Cadastral Proceeding, Land Registration Proceeding, 3. Quasi In Rem - One wherein an individual is named as defendant and the purpose of the proceeding is to subject his interest therein to the obligation or lien burdening the property - Ex. Action for Partition, Action for Accounting, Attachment, Foreclosure of Mortgage RULE 2: CAUSE OF ACTIONS Action legal and formal demand of one s right from another person made and insisted upon in a court of justice Cause of Action act or omission by which a party violated a right of another Right of Action remedial right belonging to a person Elements of Cause of Action 1. Legal right of the Plaintiff 2. Obligation of the Defendant 3. Act or omission of defendant in violation of plaintiff s right RULE 3: PARTIES TO A CIVIL ACTION Plaintiff claiming party or more appropriately, the original claiming party and is the one who files the complaint Defendant refers to the original defending party Who may be parties? Natural, juridical, entities authorized by law

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Civil Procedure Rule 1-37

Real Party-in-Interest - Party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit Indispensable Parties - A real party-in-interest without whom no final determination can be had of an action - Without his presence the judgment of the court cannot attain real finality Necessary Parties - A dispensable party but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action Unwilling Co-Plaintiff - A party who is supposed to be a plaintiff but whose consent to be joined as a plaintiff cannot be obtained as when he refuses to be a party to the action - May be made a defendant, reason must be stated Alternative Defendants - When the plaintiff cannot definitely identify who among two or more persons should be impleaded as a defendant he may join all of them as a defendants in the alternative Unknown Defendant - Whenever the identity or name of the defendant is unknown, he may be sued as the unknown owner, heir, etc. or by such designation as the case may require, when his identity is discovered the pleading must be amended Indigent Parties - Party may be authorized to litigate as an indigent if the court is satisfied that the party is one who has no money or property sufficient and available for food, shelter, and basic necessities Class Suit - An action where one or more may sue for the benefit of all if the requisites for said action are complied with - Elements 1. Subject matter of the controversy must be of common or general interest to many persons 2. The persons are so numerous that is impracticable to join them all 3. Parties actually before the court are sufficiently numerous and representatives as to fully protect the interest of all concerned 4. The representatives sue or defend for the benefit of all

RULE 4: VENUE OF ACTIONS Venue - Place, or the geographical area where an action is to be filed and tried - Civil case: relates to the place of the suit and not to the jurisdiction of the court 1. Real Actions - The court which has territorial jurisdiction - MTC: Forcible Entry and Detainer, Value of 20,000 and 50,000 for Metro Manila 2. Personal Actions - The court where the plaintiff resides or where the defendant resides at the election of the plaintiff VENUE Where the case is to be heard or tried Matter of Procedural Law Establishes a relation between plaintiff and defendant, or petitioner and respondent Maybe conferred by the act or agreement of the parties Not ground for motu proprio dismissal Substantive Law Establishes a relation between the court and the subject matter Fixed by law and cannot be conferred Ground for motu proprio dismissal JURISDICTION Authority to hear and decide cases

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Civil Procedure Rule 1-37

RULE 5: UNIFORM PROCEDURE IN TRIAL COURTS RULE 6: KINDS OF PLEADINGS Pleadings - Written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment Complaint - Pleading alleging the plaintiff s cause or causes of action Answer - Pleading in which a defending party sets forth his defenses Defenses - Kinds 1. Negative Defense specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or cause of action a. Absolute Denial - The defendant specifies each material allegation of fact the truth of which he does not admit and, whenever practicable, sets forth the substance of matters upon which he relies to support his denial b. Partial Denial - Defendant does not make a total denial of the material allegations in a specific paragraph, he denies only a part of the averment c. Denial by Disvowal of Knowledge where the defendant alleges that the is without knowledge or information sufficient to form a belief as to the truth of a material averment made in the complaint 2. Affirmative Defense an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him Counterclaim - Any claim which a defending party may have against an opposing party - It partakes of a complaint by the defendant against the plaintiff - Kinds: 1. Compulsory Counterclaim - Requisites: 1. Arises out of, or is necessarily connected with the transaction or occurrence which is the subject matter of the opposing party s claim 2. It does not require for its adjudication the presence of third parties over whom the court cannot acquire jurisdiction 3. The court has jurisdiction to entertain both as to the amount and nature 2. Permissive Counterclaim - If any of the elements of a compulsory counterclaim discussed previously, is absent - Absence of logical connection with the subject matter of the complaint Compulsory Permissive Contained in the answer because a It may be set up as an independent action and will compulsory counterclaim not set up shall be not be barred if not contained in the answer to the barred complaint Not an initiatory pleading Considered an initiatory pleading Not require the certificates Accompanied by a certification against forum shopping and whenever required by law, also a certificate to file action issued by Lupong Tagapamayapa Failure to answer is not a cause of default Must be answered by the party against whom it is interposed, he may be declared in default as to the counterclaim Docket fees are not paid Docket and other fees must be paid
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Civil Procedure Rule 1-37

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 of a counterclaim therein Third-party Complaint - Claim which a defending party may, with leave of court, file against a person who is not yet a party to the action for contribution, indemnity, subrogation or any other relief, in respect of his opponent s claim Reply - A pleading which is to deny or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby joins or makes issue as to such new matters RULE 7: PARTS OF A PLEADING A. Caption B. Body 1. Paragraphs 2. Headings 3. Relief 4. Date C. Signature and Address D. Verification E. Certification against forum-shopping RULE 8: MANNER OF MAKING ALLEGATIONS IN PLEADINGS - Every pleading shall contain in a methodical and logical form, a plain, concise, and direct statement of the ultimate facts on which the party pleading relies for his claim or defense, as the case may be, omitting the statement of mere evidentiary facts Alternative Allegations - Where facts, essential to the plaintiff s case of action, are within the knowledge of the defendant, but of which the plaintiff is so imperfectly informed that he cannot state them with certainty, even on information and belief Hypothetical Allegations - Assuming a fact to be valid still the action should be dismissed due to other grounds Inconsistent Defenses - May plead as many defenses and counterclaims as he may have Conditions Precedent - Earnest efforts towards compromise under Art. 222, NCC - Compliance with the conciliation process at the Baranggay level under the Local Government Code RULE 9: EFFECT OF FAILURE TO PLEAD GR: defenses and objections not raised in a motion to dismiss or in the answer, are deemed waived EXPN: 1) Lack of jurisdiction 2) Pendency of action between the same parties 3) Bar by prior judgment 4) Statute of Limitations RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS Amendments - Pleadings may be amended by adding or striking out an allegation or the name of any party, or by correcting a mistake in the name of the party or a mistaken or inadequate allegation or description in any other respect, so that the actual merits of the controversy may speedily be determined without regard to technicalities
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Civil Procedure Rule 1-37

Amendment as a matter of right - Plaintiff has the right to amend his complaint once at any time before a responsive pleading is served by the other party - Plaintiff may amend in case of a reply to which there is no responsive pleading at any time within 10 days after it is served on the plaintiff - Defendant may amend his answer before a reply is served upon him Amendment with Leave of Court - Leave is required for an amendment made after service of a responsive pleading Supplemental Pleadings - One by which sets forth transactions, occurrences, or events which have happened since the date of the pleading sought to be supplemented - Requires leave of court Amended Pleadings Supplemental Pleadings Proper in order to allege facts which occurred prior to Proper in order to allege facts which occurred after the the filing of the original pleadings, but for some filing of the original pleadings reason, such as oversight, inadvertence, or subsequent discovery, were not alleged therein Designed to include matters occurring before the filing Designed to cover matters subsequently occurring but of the bill but either overlooked or not known at the pertaining to the original cause time RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS Answer - 15 days after service of summons - Extraterritorial Service 60 days after notice - Publication 60 days after last publication Defendant Foreign Private Juridical Entity - Service is made on the government official designated by law to receive the same - 30 days after receipt of that government entity Amended Complaint - If amended as a matter of right 15 days after being served - Not a matter of right 10 days from notice of the order admitting the same Answer to Counterclaim or Cross-claim - 10 days from service Answer to third-party complaint - 15 days after service of summons Reply - 10 days from service of the pleading Answer to Supplemental Complaint - 10 days from notice of the order - Answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is filed RULE 12: BILL OF PARTICULARS Motion for Bill of Particulars - Filed by the defendant when there are matters in the complaint which are vague or ambiguous or not averred with sufficient definiteness - Filed before responding to a pleading - 15 days if it is directed to a complaint - 10 days is directed to a counterclaim
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Civil Procedure Rule 1-37

- 10 days is directed to a reply Requirement of the Motion: 1. Point out the defects complained 2. The paragraphs wherein they are contained 3. The details desired RULE 13: FILING AND SERVICE OF PLEASING AND OTHER PAPERS Filing - Act of presenting the said complaint to the clerk of court - It is important to file the docket fee that would vest the court the jurisdiction Modes of Service - Pleadings, motions, notices, orders, judgments and other papers - Made personally or by mail - Not changed by parties Service of Pleadings Service of Summons Once jurisdiction is acquired the court may serve Necessary in order to acquire jurisdiction copies of pleadings either personally or by mail Personal Service - Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof - Includes service at the residence of the party or his attorney Service by Mail - Made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid and with instructions to the postmaster to return the ail to the sender after 10 days Substituted Service - Made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail RULE 14: SUMMONS Summons - The writ by which the defendant is notified of the action brought against him - Issuance of summons is not discretionary on the part of the court but is mandatory requirement Service upon an entity without juridical personality - Sued under the name they are generally or commonly known - Service may be effected upon all of them, or upon the person in charge of the office or of the place of business maintained in such name Service upon a Prisoner - Effected upon him by the officer managing the jail or institution where said prisoner is confined Service upon a Minor or Incompetent - Made upon him personally and on his legal guardian? Guardian ad litem - Minor father or mother Service upon a Private Domestic Juridical Entity - Made on the following persons, exclusively, President, Managing Partner, General Manager, Corporate Secretary, Treasurer, or In-House Counsel Service upon a Private Foreign Juridical Entity - Which transacted business in the Philippines 1. Resident Agent 2. Government Official designated by law 3. Any of its officers or agents within the Philippines
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Civil Procedure Rule 1-37

Service upon a Public Corporation - Philippines Solicitor General - Province, Municipality, etc. executive head Resident Temporarily Out of the Philippines - By leave court be effected out of the Philippines - extraterritorial service 1. Personal Service 2. Publication in a newspaper of general circulation with the registered mailing of a copy of the summons 3. By any manner the court may deem sufficient Kinds of Services A. Personal Service - Used in an action in personam - Done by handing a copy to the defendant in person, if he refuse, tender the summons - Cannot be served in person within a reasonable time resort to substituted service - Proof of Service of Summons indicate the impossibility of service of summons within reasonable time, specify the efforts exerted to locate defendant, state that it was served on a person of sufficient age and discretion who is residing in the address, or the person I charge in the place of business of the defendant B. Substituted Service - May be availed of if for justifiable causes, the defendant cannot be served within a reasonable time - The server has the option to: a. Leave the copies of the summons at the defendant s residence with a person of suitable age and discretion residing therein b. Leave the copies of the summons at the defendant s office or regular place of business with some competent person in charge C. Summons by Publication - Available only in actions in rem or quasi in rem not for action in personam - GR: Against a resident it must be service in person or a substituted service EXPNS: Publication can be used: 1. The identity or whereabouts of the defendant is unknown 2. The defendant is a resident temporarily out of the Philippines - Against a nonresident jurisdiction is acquired by service upon his person when he is in the Philippines  In an action personam this is the only way to acquire jurisdiction and not by publication - Publication is notice to the whole world that the proceeding has for its object to bar indefinitely all who might be minded to make an objection of any sort against the right sought to be established D. Extraterritorial Service of Summons - Requisites: 1. Defendant is a nonresident 2. Not found in the Philippines 3. Action is in rem or quasi in rem *not apply to a resident and to action in personam - Actions that affect the personal status of the plaintiff, subject matter is a property within the Philippines, actions which the relief demanded consists of excluding the defendant from and interest in property, when the defendant s property has been attached in the Philippines Modes of Extraterritorial Service 1. By personal service 2. Publication in a newspaper of general circulation in such places and for such time as the court may order, and copy of summons shall be sent by registered mail to his last known address 3. In any manner the court may deem sufficient *personal service will not have the effect of acquiring jurisdiction over the nonresident defendant even if the summons and the copy of the complaint are personally received by him in the country where he may be found
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Civil Procedure Rule 1-37

Voluntary Appearance - Defendant s voluntary appearance in the action shall be equivalent to service of summons RULE 15: MOTIONS Motion - Motion is an application for relief other than by a pleading - Must be in writing Ex Parte Motions - Motions which the court may act upon without a hearing - Ex. Motion for extension of time, writ of preliminary attachment, restraining order, and delivery of personal property Litigated Motions - All other litigated motions shall be set for hearing by the applicant and shall be served together with the notice of hearing in such a manner as to insure its receipt by the other party at least 3 days before the date of hearing Omnibus Motion - When a motion to dismiss is filed, all grounds available at the time the motion is filed must be invoked in the motion - GR: Grounds not so invoked are deemed waived EXPN: lack of jurisdiction, litis pendencia, res judicata, and prescription Motion for Leave - A pleading or motion shall be accompanied by the pleading or motion sought to be admitted - Ex. Amended complaint, supplemental pleading, pleading in intervention etc. RULE 16: MOTION TO DISMISS Grounds for Motion to Dismiss 1. The court has no jurisdiction over the person of the defending party 2. The court has no jurisdiction over the subject matter 3. The venue is improperly laid 4. Plaintiff has no legal capacity to sue 5. The there is another action pending between same parties and for the same cause 6. The cause of action is barred by a prior judgment or by the statute of limitations 7. The pleading asserting the claim states no cause of action 8. The claim or demand set forth in the plaintiff s pleading has been paid, waived, abandoned, or extinguished 9. The claim on which the action is founded is unenforceable under the provisions of the Statute of Frauds 10. The condition precedent for filing has not been complied with On the complaint GR: Denial of motion to dismiss is interlocutory and not appealable EXPN: Certiorari Dismissal constitutes Res Judicata: when the dismissal is based on 1. Res Judicata 2. Extinguished 3. Unenforceable 4. Barred by prior judgment or by Statute of Frauds RULE 17: DISMISSAL OF ACTIONS - 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 notion for summary judgment Dismissal due to fault of plaintiff - If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence in chief or to prosecute his action for an unreasonable length of time, or to comply with these Rules or any order of the court - Grounds:
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Civil Procedure Rule 1-37

1. Failure of the plaintiff to appear without justifiable cause in the date of the presentation of his evidence 2. Failure of the plaintiff to prosecute his action for an unreasonable length of time 3. Failure of the plaintiff to comply with the Rules of Court or any order of the court RULE 18: PRE-TRIAL - After the last pleading has been served and filed it shall be the duty of the plaintiff to promptly move ex parte that the case be set for pre trial - Mandatory in civil cases - Set at the instance of the plaintiff Nature and Purpose 1. Possibility of amicable settlement or a submission to alternative modes of dispute resolution 2. Simplification of the issues 3. Necessity or desirability of amendments to the pleadings 4. Possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof 5. The limitation of the number of witnesses 6. The advisability of a preliminary reference of issues to a commissioner 7. The propriety of rendering judgment on the pleadings or summary judgment or of dismissing the action should a valid ground therefore be found to exist 8. The advisability or necessity of suspending the proceedings 9. Such other matters as may aid in the prompt disposition of the action Pre-Trial Brief 1. Statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof 2. Summary of admitted facts and proposed stipulation of facts 3. The issues to be tried or resolved 4. Documents or exhibits to be presented, stating the purpose thereof 5. Manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners 6. The number and names of the witnesses and the substance of their respective testimonies Pre-Trial Order - Which shall recite in detail the matters taken up in the conference, the action taken therein, the amendments allowed to the pleadings, and the agreements or admissions made by the parties as to any of the matters considered RULE 19: INTERVENTION - Legal proceeding by which a person who is not a party to the action is permitted by the court to become a party by intervening in a pending action after meeting the conditions and requirements set by the Rules of Court Requisites: 1. Motion for Intervention filed before rendition of judgment by the trial court leave court is required 2. Movant shows that he has legal interest in the matter of litigation, success of either party or against both, or is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or an officer thereof Time to Intervene - Filed at any time before rendition of judgment by the trial court Complaint-in-Intervention - If he asserts a claim against either or all of the original parties Answer-in-Intervention - He unites with the defending party in resisting a claim against the latter

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Civil Procedure Rule 1-37

RULE 20: CALENDAR OF CASES RULE 21: SUBPOENA - 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 - It may also require him to bring with him any books, documents or other things under his control Kinds of Subpoena 1. Ad Testificandum - Appear in court to testify; - Sight in contempt id not attend without a valid reason court will send and order to explain why the person should not be sighted for contempt 2. Duces Tecum - Appear in court to testify and bring certain books or documents - The documents must be specified and indentified properly and with certainty Defense for Subpoena - Subpoena is not applicable Motion to Quash the Subpoena 1. Live more than 100kms away 2. Not given kilometrage Who can issue a subpoena? 1. Public Prosecutor 2. Judges and Justices 3. Senators RULE 22: COMPUTATION OF TIME RULE 23: DEPOSITIONS PENDING ACTION RULE 24: DEPOSITIONS BEFORE ACTIONS OR PENDING APPEAL RULE 25: INTERROGATORIES TO PARTIES RULE 26: ADMISSION BY ADVERSE PARTY RULE 27: PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS RULE 28: PHYSICAL AND MENTAL EXAMINATION OF PERSONS RULE 29: REFUSAL TO COMPLY WITH MODES OF DISCOVERY [See separate notes on Modes of Discovery]

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Civil Procedure Rule 1-37

RULE 30: TRIAL - A judicial process of investigating and determining the legal controversies, starting with the production of evidence by the plaintiff and ending with his closing arguments Adjournments and Postponements GR: a court may adjourn a trial from day to day, and to any stated time as the expeditious and convenient transaction of business may require EXPN: court has no power to adjourn a trial for a period longer than one month from each adjournment, nor more than 3 month in all, except when authorized in writing by the Court Administrator Postponement on the ground of illness - Postponed on the ground of illness of either party or counsel by complying with the following: 1. Motion for Postponement to be filed 2. Motion must be supported by an affidavit or sworn certification showing a. The presence of the party or counsel is indispensable b. That the character of his illness is such as to render his non-attendance excusable Postponement on the ground of absence of evidence - Requisites: 1. Motion for Postponement 2. Must be supported by an affidavit or sworn certification showing a. Materiality or relevancy of the evidence b. Due diligence has been used to procure it - If the adverse party admits the facts to be given in evidence, the trial shall not be postponed even if he reserves the right to object to the admissibility of the evidence Order of Trial - The trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows a. Plaintiff shall adduce evidence in support of his complaint b. Defendant shall then adduce evidence in support of his defense, counterclaim, cross-claim and thirdparty complaint c. Third-party defendant, if any, shall adduce evidence of his defense, counterclaim, cross-claim, and forthparty complaint d. The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them e. The parties against whom any counterclaim, or cross-claim has been pleaded. Shall adduce evidence in support of their defense, in the order to be prescribed by court f. The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice permits them to adduce evidence upon their original case g. Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings RULE 31: CONSOLIDATION OR SEVERANCE - When the actions that involve a common question of law or fact are pending before the court, the court may order a joint hearing or trial of any or all the matters on issue in the actions and may order the consolidation of all the actions - The court may also order a separate trial of any claim, cross-claim, counterclaim, or third party complaint or issues. The court may do so in furtherance of convenience or to avoid prejudice

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Civil Procedure Rule 1-37

RULE 32: TRIAL BY COMMISSIONER - By written consent of both parties, the court may order any or all of the issues in a case to be referred to a commissioner to be agreed upon by the parties or to be appointed by the court commissioner includes a referee, an auditor and an examiner Special Civil Actions in which commissioners are appointed 1. Eminent Domain 2. Partition of Real Estate RULE 33: DEMURRER TO EVIDENCE - After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. - If denied: he shall have the right to present evidence - If granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence Demurrer on Civil Case Demurrer on Criminal Case Leave of court is required With or without leave of court When granted still appealable Not appealable because of double jeopardy If denied may proceed is presenting evidence If denied without leave of court cannot present evidence RULE 34: JUDGMENT ON THE PLEADINGS Judgment - Final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it in an action or proceeding - Court s final consideration and determination of the respective rights and obligations of the parties - Requisites of Valid Judgment: 1. The court must be clothed with authority to hear and determine the matter before it 2. The court must have jurisdiction over the parties and the subject matter 3. The parties must have been given an opportunity to adduce evidence in their behalf 4. The evidence must have been considered by the tribunal in deciding the case 5. Judgment must be in writing, personally and directly prepared by the judge 6. Judgment must state clearly the facts and the law on which it is based, signed by the judge and filed with the clerk of court Judgment on the Pleadings - It will not apply when no answer is filed, it will come into operation when an answer is served and filed but the same is fails to tender an issue or admits the material allegations of the adverse party s pleading - Cannot be rendered by the court motu proprio - It can only be done where there is prior motion to the effect filed by the appropriate party - Served at least 3 days before hearing Clarificatory Judgment - Where the judgment is difficult to execute because of ambiguity in its terms, it is suggested that the remedy to avail of is to have the court remove the ambiguity by the filing of motion for a Clarificatory judgment and not to assail the judgment as void Interlocutory Orders - Not decisions within the constitutional definition - Those that determine incidental matters that do not touch on the merits of the case or put and end to the proceedings - Ex. Order denying motion to dismiss, granting extension of time, denying applications for postponement
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The proper remedy to question an improvident interlocutory order is a petition for certiorari under Rule 65 not Rule 45 Memorandum Decisions - One rendered by an appellate court and incorporates by reference the findings of fact and conclusions od law contained in the decision or order under review - Such decision must not simply incorporate the findings of facts and the conclusions of law of the lower court by reference, it must also provide direct access to the facts and the law being adopted, which must be contained in a statement attached to the decision and made an indispensable part of the decision - The appellate court must make full findings of fact and conclusions of law of its own for the decision not to be a nullity Doctrine of Conclusiveness of Judgments (Immutability of Judgments) - A judgment attained finality and can no longer be disturbed - EXPN: 1. Correction of clerical errors 2. Nunc Pro Tunc Entries 3. Circumstance transpire after the finality of the decision rendering its execution unjust and equitable 4. Special and exceptional nature as when facts and circumstances transpire which render the judgment s execution impossible or unjust, when necessary in the interest of justice to direct its modification to harmonize the disposition with prevailing circumstances RULE 35: SUMMARY JUDGMENTS Summary Judgment - Also called Accelerated Judgment: - Proper where, upon motion filed after the issues had been joined and on the basis of the pleadings and papers files, the court finds that there is no genuine issue as to any material fact except as to the amount of damages - The absence of a genuine factual issue triggers a summary judgment - Served at least 10 days before hearing Bases of Summary Judgment 1. Affidavits 2. Depositions of the adverse party 3. Admissions obtained through requests for admission 4. Answers to interrogatories RULE 36: JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF Rendition of Judgments and Final Orders - In writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of court Several Judgment - One rendered by a court against one or more defendants, but not against all, leaving the action to proceed against the others - When the liability of each party is clearly separable and distinct from that of his co-parties Separate Judgment - This presupposes that there are several claims for relief presented in a single action - The judgment will terminate the action with respect to that claim and the action shall proceed as to the remaining claims Conditional Judgment - Considered void - Judgment where the effectivity of which depends upon the occurrence or the non-occurrence of an event Incomplete Judgments - Not become final having left matters to be settled for its completion a subsequent proceeding, matters which remained unsettled

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Judgment sin perjuicio brief judgment; dismissal without prejudice Judgment Nunc Pro Tunc now for then ; orders the entry of something which was actually previously done Judgment upon a compromise basis is the compromise agreement entered into between the parties Judgment by Confession a. Cognovit Actionem the defendant acknowledged and confesses that the plaintiff s cause of action was just b. Relicta Verificatione the defendant confesses the plaintiff s cause of action and withdrew or abandoned his plea or other allegations, where upon judgment was entered against him without proceeding to trial RULE 37: NEW TRIAL OR RECONSIDERATION Motion for Reconsideration - One directed against a judgment or final order; not of an interlocutory order - Filed within period of appeal (15 days from receipt of judgment or order) - Must be in writing, served to the adverse party - Point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law - Grounds 1. The damages awarded are excessive 2. That the evidence is insufficient to justify the decision 3. The decision or final order is contrary to law Pro Forma Motion - One which does not satisfy the requirements of the rules and one which will be treated as a motion intended to delay the proceedings Fresh Period Rule - If the motion is denied, the movant has a fresh period of 15 days from receipt of notice denying the motion, to file a notice of appeal Motion for New Trial - Filed within the period of appeal; interrupts the period of appeal - Prohibited in cases covered by the Rule on Summary Procedure - Grounds: 1. Fraud, accident, mistake or excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights 2. Newly discovered evidence, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result - Fresh Period Rule will apply once it is denied Partial New Trial - If the court finds that a motion affects the issues of the case as to only a part, or less than all of the matters in controversy, or only one, or less than all, of the parties to it, court may grant a new trial as to such issues if severable without interfering with the judgment or final order upon the rest Second Motion for New Trial - This is not allowed - All grounds available shall be included; those not included are deemed waived

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